Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1971 2 3 4 5 6 7 131_ 32 33 34 35 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. vt- 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. -1- R- 9 qw- 19 �Ii 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 -2- (c.ryi-177 R1 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 -3- all equipment installed by CITY hereunder. P 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 WE 9-41�-r 149 E 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 -5- R-S4Fwi7 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. N-M R Sq- m7 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. -7 - 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 _ i air, r�nrr� irrr r. - 0 CITY OF TAMARAC By: ,L MAYOR B CITY MANAGER C B By ^ L�� 0 H BIES ERFELD, W By Q J ESTERFELPG OWNER r W-M 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 TIL :M■YotwoAiRoY TpHUKBV .IC. ST1VE°SW° �KOce4t' agiAMARawMy Commission ExpiresCOMMISS►ONF0P n "CONTINENTALLEAS" ' • 1"119 R-1 1_11q ti �� �Ik • 1\� 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