HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1971
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Temp. Reso. #5497
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89- 157
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A LEASE AGREEMENT WITH
CONTINENTAL CABLE AND-JOSEPH AND-DIANA BIESTERFELD
FOR THE INSTALLATION OF AN ANTENNA AT 6115 NORTH
UNIVERSITY DRIVE, TAMARAC, FOR CITY-WIDE
COMMUNICATIONS; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute a Lease Agreement with
Continental Cable and Joseph and Diana Biesterfeld, for the
for the installation of an antenna at 6115 North University
Drive, Tamarac, for City-wide communications, a copy of said
lease agreement being attached hereto as "Exhibit 1".
SECTION 2: That the City Clerk is hereby authorized and
directed to record said lease agreement in the public records
of Broward County, Florida.
SECTION 3: This Resolution shall become effective upon
adoption.
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PkSSED, ADOPTED AND APPROVED this&2$ day of 1989.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
[� Ir
RICHARD DOODY U
CITY ATTORNEY
MAYOR
RECORD OF COUNCIL VOTE
MAYOR A�RAAAOWiT�,",� �-
DISTRICT 1: 993 Rods �
DISTRICT 2:.-.._.C/M-STI�1»�ER___--fix__
DISTRICT 3: /M H FFMAN
DISTRICT 4: �V/MV/M SENDI"
u E X H I a rrY, K_ 9� 9
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this �C day
of 1989, by and between the City of Tamarac, a
Florida municipal corporation, hereinafter referred to as "CITY"
and Continental Cable, hereinafter referred to as "CONTINENTAL"
and JOSEPH and DIANA BIESTERFELD hereinafter referred to as
"BIESTERFELD".
W I T N E S S E T H:
WHEREAS, Joseph and Diana Biesterfeld own and Continental
Cable has a leasehold interest in that certain property located
at 61.15 North University Drive, Tamarac, Florida; and
WHEREAS, the City Council of the City of Tamarac determines
that it is in the public interest to lease space from Continen-
tal Cable and Biesterfeld to be used by the city's Police
. Department for the installation of communication antennas, and
equipment pertaining thereto, and
WHEREAS, an efficient communication system is a vital part
of the protection provided to the residents of the City of
Tamarac by the Police Department,
NOW, THEREFORE, it is mutually agreed by and between the
parties to this Lease Agreement as follows:
1. PROPERTY.
CONTINENTAL hereby agrees to lease to CITY a portion of
6115 North University Drive, Tamarac, Florida 33321, Broward
County, Florida. The legal description of said premises is as
follows:
f A portion of Tract 9 of Fort Lauderdale Truck
Farms Subdivision of Section #9 Township 49
South Range 41 East as recorded in Platbook 4
Page 31 of the Public Records of Broward
County, Florida.
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2. RENT
The CITY agrees to pay to CONTINENTAL One (1.00) Dollar
per antenna, per year, as total rent for the above described
•
property. Rent shall be payable in one payment per year.
Payments shall commence in ALL , 1989 and continue until the
expiration or termination of this lease as elsewhere provided
for herein.
3. NOTICE.
All rental payments and notices required to be paid by
�.
the CITY to CONTINENTAL and shall be mailed to 6445 mor-
d� rA— a rsc° rq c 4 FL- 3 3 d 6/
All notices
required to be sent by CONTINENTAL or BIESTERFELD to the
CITY, shall be sent to City Manager, City of Tamarac, 7525
N.W. 88th Avenue, Tamarac, Florida 33321--2401. All notices
shall be sent by certified mail, return receipt requested, to
the addresses listed herein.
4. ADDITIONAL ANTENNAS AND EQUIPMENT.
CITY shall have the right to affix additional antennas
to the leased premises during the term of the lease. Before
affixing additional antennas and equipment, CITY shall be
required to obtain the written consent of CONTINENTAL and
BIESTERFELD.
5. EQUIPMENT TO REMAIN PROPERTY OF CITY OF TAMARAC.
All antennas so affixed during the term of this Lease
Agreement and all equipment pertaining thereto shall remain
the property of CITY.
6 LOCAL STATE AND FEDERAL REGULATIONS.
CITY shall ensure that all installation and location of
antennas and equipment pertaining thereto shall comply with
all Federal, State and Local Government regulations.
7. WARRANTIES.
(a) CITY shall ensure that the installation and use of
the antennas and equipment pertaining thereto shall
not interfere with the transmission or reception of
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radio, television or telephone signals or equipment
of any other pre-existing tenant or CONTINENTAL,
and upon termination of this lease shall be removed
by CITY at CITY's own expense and any repairs
necessary to the demised premises to restore
premises in a condition as of the commencement of
this lease shall be made by CITY.
(b) CONTINENTAL and BIESTERFELD warrants that it shall
not permit any subsequent tenant of CONTINENTAL to
• erect any antenna or electrical television alarm
radio transmitting or receiving equipment in such a
manner to interfere with the transmission or
reception of such signals of the CITY or any prior
tenant of CONTINENTAL in that CONTINENTAL and
BIESTERFELD will include in any future lease a
clause giving CITY the right to seek injunctive
relief against any such subsequent tenant who
violates this warranty plus any other causes of
action legal or equitable.
8. UTILITIES.
CITY agrees to provide, at CITY'S expense, electrical
facilities and outlets of 110 volt a.c. power for the
operation of CITY's equipment which is to be wired to
receptacles adjacent to CITY's equipment with each such
receptacle to be on a separate 20 Amp circuit breaker. This
outlet should have back-up power if possible. In addition,
CITY agrees to provide a two pair dedicated voice -grade phone
line from the City of Tamarac Communications phone room to
the base station at Continental Cable. This phone line
should terminate near the A.C. outlet.
CITY specifically acknowledges that existing electrical
service has been inspected by CITY and/or its agents, and
that said electrical service conforms with the requirements
of this paragraph.
9. MAINTENANCE.
CITY shall not be required or be responsible for
maintaining any part of the leased premises and the
maintenance requirements of painting the interior or exterior
of the structure or placement of light bulbs, lighting
40 equipment, electrical outlets, and any maintenance of
whatever kind pertaining to the property shall remain the
responsibility of CONTINENTAL. Provided, however, that CITY
shall be solely responsible for the maintenance and repair of
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all equipment installed by CITY hereunder.
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10. MECHANICS LIENS.
CITY shall pay for all material., labor costs for any and
all work or alterations and/or improvements on the leased
property required by governmental regulations pertaining to
the installation and use of antennas and equipment pertaining
thereto and shall keep the premises free and clear of all
liens for labor and material as contracted for by the CITY or
its Sub -lessees and conversely CONTINENTAL and BIESTERFELD
shall keep such premises free and clear from all liens for
labor and materials contracted for by CONTINENTAL and
BIESTERFELD and each of parties hereto agree that it will
promptly pay and discharge any and all such liens as may be
incurred by such party. Notwithstanding anything herein to
the contrary, CITY agrees that, prior to contracting for any
labor, material or services to be supplied to equipment
installed by CITY, other than emergency repairs, CITY shall
notify CONTINENTAL at feast 48 hours in advance of the nature
of such service to be performed, the name and address of the
contractor, and providea copy of the contract for the work
to be performed.
11. INSURANCE.
CITY shall provide a statement to CONTINENTAL from its
Risk Manager stating that the CITY is insured up to the
statutory limits set forth in 768.28, Florida Statutes, or
its successor. It is agreed that CITY's liability shall be
limited to said statutory amounts.
12. INDEMNIFICATION.
Except for the acts or failure to act, on the part of
CONTINENTAL, its tenants, agents, employees, members,
representatives or guests, the CITY agrees to the extent
permitted by law, to indemnify and hold harmless CONTINENTAL
from any and all claims, causes of action, damages and costs,
expenses and attorneys fees, which CONTINENTAL shall suffer
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by virtue of the defense or of response to any claim being
made against it in connection with the installation and use
of antennas and equipment pertaining thereto by the CITY.
CONTINENTAL RX,4 ZAJ%M$MR shall hold CITY harmless from and
indemnify CITY from any and all claims, causes of action,
damages, costs, expenses and attorney's fees which the CITY
shall suffer by virtue of any acts or omissions to act upon
the part of CONTINENTAL its tenants, agents, employees,
members, representatives or guests. As elsewhere stated
herein, CITY agrees to the extent permitted by law, to
indemnify and hold CONTINENTAL harmless for any damage to the
equipment and instruments installed pursuant to this Lease,
any personal injury or death caused by such installation,
which is caused by the act or omission or CITY, its employees
or agents. BIESTERFELD shall not be responsible for any claims or
damages arising out of the use of the leased premises.
13. AMENDMENTS.
This agreement shall be amended only by the proper
execution of a written document of equal dignity hereto
previously approved by both parties.
14. ASSIGNMENTS.
This agreement shall not be assigned by either party
without first obtaining the written approval from the other
party.
15. VENUE.
In connection with any litigation rising hereunder,
venue shall be set in Broward County, Florida.
16, WAIVER.
Failure or delay on the part of the CITY or CONTINENTAL
to exercise any right, power or privilege hereunder shall not
operate as a waiver thereof.
17. CONDITIONS PRECEDENT AND EARLY TERMINATION.
(a) The parties acknowledge that the purpose of this
lease is to allow the CITY to engage in the receiving and
broadcasting`of certain radio signals in the ongoing conduct
of CITY's public safety operation. in the event the CITY is
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unable to secure all. required Federal, State, County and/or
Municipal licenses necessary to review and continue an
operation of such public safety communications, CITY's
obligation to pay rent hereunder and CONTINENTAL'S
obligation to lease their premises shall terminate upon
notification to CONTINENTAL by CITY with the proviso that
CITY shall have first used due diligence in attempting to
secure said licenses and permits.
(b) Further CONTINENTAL agrees to execute any and all
necessary documents for the issuance of any of the aforemen-
tioned licenses or permits.
(c) The parties acknowledge that Federal regulations
require that the CITY make available use of a certain portion
of Channels License to CITY within the first 36 months of the
issuance of FCC licenses and that should CITY fail to meet
said requirements, licenses may be revoked by the FCC and in
such event CITY may terminate this Lease Agreement by
providing CONTINENTAL, with thirty (30) days written notice.
18. SECURITY.
CONTINENTAL agrees to provide reasonable security for
CITY's equipment on or about the leased premises.
19. IMPOSSIBILITY TO PERFORM.
If the leased property becomes untenable due to fire or
other casualty or CITY is prohibited from using the same for
the purposes specified herein because of federal, State or
local regulations now or hereinafter in force, or if the
leased premises becomes unfit or undesirable for radio
communications due to causes beyond the control of the CITY,
the CITY may terminate this Lease Agreement upon thirty (30)
days written notice.
• 20. ACCESS TO LEASED PREMISES.
The CITY, its employees, sub -contractors or sub -lessees,
shall have the unrestricted right of ingress and egress to
the leased premises at all times.
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21. OPTION TO RENEW.
CONTINENTAL and/or BIESTERFELD hereby grant to the CITY
an option to renew this Lease Agreement for two additional
periods of five (5) years, with the same terms and conditions
except for the rental amounts. With regard to rental
amounts, said amounts shall be renegotiated by the parties
hereto during the last ninety (90) days of the initial period
of the Lease. Additionally, should the first five (5) year
option be exercised, the rental rate shall be renegotiated
within the last ninety (90) days of said five (5) year
period. In no event shall the rent as renegotiated exceed
the specified per antenna, per month rental called for
pursuant to this Agreement, multiplied by the increase in the
Consumer Price Index based upon 1987 as the base period for
the increase during the first five (5) year option. During
the second five (5) year option period, the rental shall be
adjusted as indicated above, provided, however, that the base
year for the adjustment of rent based upon the Consumer Price
. index shall utilize 1992 as the base year. The fo`rmu-la shall
be as follows: "Consumer Price Index Rate 1992 divided by
Consumer Price Index 1987 times base rental".
22. TERMINATION.
Either party may terminate this Agreement upon 120 days
written notice to the other party. This lease shall automatically
terminate upon termination of Continental's lease with Biesterfeld.
23. TERM.
The term of this Lease Agreement shall be for a period
of five ( 5 ) years commencing on the first day of
1989 and ending on the 30th day of P L 1994.
24. PRIOR NEGOTIATIONS.
This Lease Agreement constitutes the entire agreement of
the parties hereto and shall supersede all prior offers,
negotiations and agreements made in connection with the
subject matter set forth herein.
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IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on the day and year first above written.
WITNESSES;
ATTEST:
CITY CLERK
Approved As to form:
CITY ATTOR
W N S _
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CITY OF TAMARAC
By: ,L
MAYOR
B
CITY MANAGER
C
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By ^ L��
0 H BIES ERFELD, W
By
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ESTERFELPG OWNER
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R-s9- j9`l
STATE OF FLORIDA
) ss..
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this c-C / day of ,
1989, before me personally appeared NORMAN AB OWITZ, JOHN
• KELLY and CAROL A. EVANS, Mayor, City Manager and City Clerk,
respectively, of the City of Tamarac, a municipal corporation of
Florida, and they acknowledged that they executed the foregoing
instrument as the proper City officials of the City of Tamarac,
Florida, and the same is the act and deed of said City of
Tamarac.
WITNESS my hand and official seal at Tamarac in the State
and County aforesaid this day ofQ, 1989.
NOTARY PUBLIC
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES. MAR. 4, 1999,
My Commission Expires: YONOED TNRU NOTARY PUpVC UNDENWR+TRR&
STATE OF FLORIDA i.•
) ss..
COUNTY OF BROWARD )
I HEREBY CERTIFY that on this <:3%t day of ,
1989, before me personally appeared 1 AQMA-:: 19 fI ,4k i, J-k . to me
known, who belying duly sworn by me, did depose and say that he is
the Yj��rs;_ir+c1 /H�r.of CONTINENTAL the corporation described in
and which executed the foregoing Agreement; that he knows the
seal of said corporation; that one of the impressions affixed to
said Agreement is an impression of such seal; that he is the
proper official of said corporation designed to execute such
Agreement; he has authority so to do, that he executed same for
and in behalf of said corporation, and his acts are the acts and
0 deeds of said corporation.
WITNESS my hand and official seal at Broward County in the
State and County aforesaid this oL_ day of 1989.
QM
NOTARY P BLIC
My Commission Expires: N07ARY _
PUgI.1 . STA`Ywiv ..
MY Ct76;�1{.,SiOit Exir.F:.
GoNOEO THRV "ov AlIv f+.1c V.1'- 1: ;::'S. •, �•�!•"'r P. 3,
STATE OF FLORIDA )
) as.:
COUNTY OF BROWARD )
I HEREBY CERTIFY that on thiAe-1-- day of ,
1989, before me personally appeared JO H and DIANA
BIESTERFELD, to me known, who being duly sworn by me, did depose
and say that they are the owners of said property located at
6115 North University Drive, Tamarac, Florida and known to me to
be the individuals described in and who executed the foregoing
instrument, and acknowledged before me that they executed the
same for the purposes therein expressed.
WITNESS my hand and official seal at o and County in the
State and County aforesaid this C94L day of 989.
/ NOTARY PUBLIC
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:M■YotwoAiRoY TpHUKBV .IC. ST1VE°SW° �KOce4t'
agiAMARawMy Commission ExpiresCOMMISS►ONF0P
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"CONTINENTALLEAS" '
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This Lease Addendum is entered into this day of April, 1989
between CONTINENTAL CABLEVISION OF BROWARD, hereinafter called
"Tenant", and JOSEPH W. BIESTERFELD and DIANA R. BIESTERFELD, his wife,
hereinafter called "Landlord".
• The parties agree as follows:
1. The parties ratify the terms and conditions of their Lease
dated November 30, 1979 except as modified herein.
2. The option contained in paragraph 4 of the Lease dated
November 30, 1979 is hereby modified so as to give Tenant the option
to renew for a five (5) year term upon the same terms and conditions
as is contained in the Lease together with an option to renew for a
subsequent five (5) year term upon the same terms and conditions as is
contained in the Lease. The second five (5) year option shall be
exercised by written notice delivered to Landlord at least six (6)
months prior to the end of the first five (5) year option term.
3. Tenant does hereby exercise its option to extend the Lease for
the first five (5) year period referred to in the preceding paragraph.
IN WITNESS WHEREOF, the parties have signed this Addendum on the
date first above written.
AMERICAN CABLESYSTEMS OF FLORIDA,
LTD., d/b/a CONTINENTAL CABLEVISION
OF BROWARD
BY: AMERICAN CABLES STEMS OF
F RI A, NC.
BY : 1\ � L7W�o-C> •� �n� X,
THOMAS G. WALSH, JR.
Vice -President and Regi 1
Manager