HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1981
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Temp. Reso. #5498
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-89-
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A LEASE AGREEMENT WITH PAN
AMERICAN PROPERTIES, INC., FOR THE INSTALLATION OF
AN ANTENNA AT THE SPECTRUM BUILDING, 4901
NORTHWEST 17 WAY, FORT LAUDERDALE, 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 Pan
American Properties, Inc., for the installation of an antenna
at the Spectrum Building, 4901 Northwest 17 Way, Fort
Lauderdale, at a cost of $60.00 per month, 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.
VOL,,
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PASSED, ADOPTED AND APPROVED
this day of , 1989.
l
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANS
RECORD OF CO-UNck VOTE
CITY CLERK
MAYOR ABRAMOW_IT
I HEREBY CERTIFY that I have
DISTRICT 1:C/M ROHR � -
approved this RESOLUTION as
DISTRICT 2: C/M T ER
to form.
DISTRICT 3: C/M HOB MAN
DISTRICT 4: V/M BENDER
RICHARD DOODY
CITY ATTORNEY
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this day
of 1989, by and between the City of Tamarac, a
Florida municipal corporation, hereinafter referred to as "CITY"
and Pan American Properties, Inc., hereinafter referred to as
"OWNER".
W I T N E S S E T H:
WHEREAS, the City Council of the City of Tamarac determines
that it is in the public interest to lease space from OWNER 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.
OWNER does hereby agree to lease to CITY a portion of the
roof penthouse (hereinafter referred to as "premises") of the
Spectrum Building located at 4901 N.W. 17th Way, Fort Lauder-
dale, Broward County,I Florida (hereinafter referred to as
"property"). The legal description of said property is as
follows:
A portion of Tract "C", Tract "D" Commerce Park
according to the plat thereof recorded in
Platbook 112, Page 18 of the Public Records of
Broward County, Florida.
2. RENT
The CITY agrees to pay to OWNER Sixty ($60.00) Dollars
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per antenna, per month, plus applicable taxes if any, as
total rent for the above described p*operty. Rent shall be
payable without notice, offset or demand, in monthly
installments due on the 1st day of each month. Payments
shall commence in, 1989 and continue until the expiration
or termination of this lease as elsewhere provided for
herein. Notwithstanding the foregoing, CITY shall pay any
and all costs and expenses related to the installation, use,
operation, maintenance, removal and/or demolition of CITY's
antennas and equipment pertaining thereto except those
maintenance costs of OWNER specified in Paragraph 9 herein.
3. NOTICE.
All rental payments and notices required to be paid by
the CITY to OWNER and shall be mailed to 4901 N.W. 17th Way,
Suite 101, Fort Lauderdale, Florida 33309. All notices
required to be sent by OWNER 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 E UIPMENT.
CITY shall have the right to affix additional antennas
to the leased premises during the term of the lease provided
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CITY shall pay an additional Sixty ($60.00) Dollars per
antenna per month as specified in Paragraph 2 herein. Before
affixing additional antennas and equipment, CITY shall be
required to obtain the prior written consent of OWNER which
consent OWNER may withhold at its sole discretion.
5. EQUIPMENT TO REMAIN PROPERTY OF CITY OF TAMARAC`_
All antennas so affixed during the term of this Lease
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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
radio, television or telephone signals or equipment
of any other tenant or OWNER, 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) OWNER warrants that it shall not permit any
subsequent tenant of OWNER 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 OWNER.
• 8. UTILITIES.
CITY agrees to provide, at CITY'S expense, electrical
facilities and dedicated 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
dedicated A.C. outlet (preferably on its own circuit breaker)
shall be located in the roof penthouse away from the elevator
equipment.
Additionally, CITY shall provide, at CITY's expense,
three pair of dedicated voice grade phone lines from the City
• of Tamarac Communications phone room to the roof penthouse at
the Spectrum Building. These phone lines should be
terminated near the A.C. outlet.
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CITY shall comply with all requirements of the Florida
Elevator Inspections Division at CITY's expense. This will
require that the CITY install a fence separating the CITY
equipment from the elevator equipment. 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
equipment, electrical outlets, and any maintenance of
whatever kind pertaining to the property shall remain the
responsibility of OWNER. Provided, however, that CITY shall
be solely responsible for the operation, maintenance and
• repair of all antennas and equipment installed by.,CITY
hereunder.
10. MECHANICS LIENS.
CITY shall pay for all material, labor costs for any and
all work or alterations and/or improvements on the premises
and/or adjacent 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 OWNER shall
keep such premises free and clear from all liens for labor
and materials contracted for by OWNER and each of the parties
hereto agree that it will promptly pay and discharge any and
all such liens as may be incurred by such party.
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Notwithstanding anything hereinto 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 OWNER at least 48
hours in advance of the nature of such service to be
performed, the name and address of the contractor, and
provide a copy of the contract for the work to be performed.
11. INSURANCE.
Lessee shall provide and maintain the following policies
of insurance throughout the entire term of this lease:
1. Comprehensive/Commercial General Liability (primary
coverage, including personal injury, bodily injury,
broad form property damage, premises/operations,
owner's protective coverage, blanket contractual
liability, products and completed operations
liability in amounts not less than two hundred
• thousand dollars ($200,000.00) combined single
limit per occurrence and one hundred thousand
dollars ($100,000.00) per person.
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2. Worker's Compensation Insurance:
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a. Statutory Limits as required by the State of
Florida.
b. Employer's Liability coverage in an amount not
less than one million dollars ($1,000,000.00).
3. Property insurance all risks coverage including,
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but not limited to, fire extended coverage, vandal-
ism, malicious mischief, coverage upon all improve
ments and property located in the premises, whether
installed by Lessor or Lessee, in an amount not
less than the full new replacement cost thereof,
40 without any deductions for coinsurance.
All policies of insurance shall (i) name Lessor, its
successors and assigns as an additional names insured, (ii)
contain a waiver of any rights of subrogation against Lessor
and Lessor's agents, employees, representatives, contractors
and licensees and (iii) contain a cross -liability endorsement
and a provision stating that any coverage afforded thereby
shall be primary and noncontributing with respect to any
insurance carried by Lessor, and any insurance carried by
Lessor shall be primary and noncontributing. Lessee shall
provide certificates of insurance for all policies in form
• reasonably satisfactory to Lessor. _
Any and all indemnity and hold harmless provisions in
this lease shall not be deemed to be limited by the limits of
any of the insurance policies herein.
12. INDEMNIFICATION.
Notwithstanding any insurance limits specified in
Paragraph 11 herein, 'except for the intentional acts and
willful negligence or gross negligence of owner, its agents,
employees, or representatives, the CITY agrees to indemnify
and hold harmless OWNER from any and all claims, causes of
action,; damages, injuries and costs, expenses and attorneys
fees, resulting from the installation, use, operation,
0 maintenance, removal and/or demolition of antennas and
equipment pertaining thereto by the CITY. OWNER shall hold
CITY harmless from and indemnify CITY from any and all
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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 owner its agents,
employees, or representatives. As elsewhere stated herein,
CITY agrees notwithstanding any insurance limits specified in
• Paragraph 11 to indemnify and hold OWNER harmless for any
damage to the equipment and instruments installed pursuant to
this Lease, any personal injury or death caused by such
installation, whether or not caused by the act or omission of
CITY, its employees or agents.
13. AMENDMENTS.
This agreement shall be amended only by the proper
execution by both parties of a written document of equal
dignity hereto previously approved by both parties.
14. ASSIGNMENTS.
This agreement shall not be assigned by CITY without
• first obtaining the written approval from OWNER, such consent
not to be unreasonably withheld.
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 OWNER
hereunder 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
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broadcasting of certain radio signals in the ongoing conduct
of CITY's public safety operation. In the event the CITY is
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 OWNER's obligation to
lease their premises shall terminate upon written
notification to OWNER by CITY with the proviso that CITY
shall have first used due diligence in attempting to secure
said licenses and permits and CITY shall restore the premises
pursuant to Paragraph 7(a) herein.
(b) 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 OWNER with thirty (30) days written notice.
18. 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 becoifies 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.
19. 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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20. OPTION TO RENEW. "r
OWNER hereby grants 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 first five (5) year option period. In no.event
shall the rent during the first five (5) year option period
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 for all Urban
Consumers, U.S. City Average (1982=100) from 1989
to 1994, provided that in no event shall the
monthly rent be less than $75.00 per antenna. During the
second five (5) year option period, the monthly rental per
antenna shall be adjusted per month by multiplying the
monthly rental per antenna payable during the first five (5)
year option period by the increase in the Consumer Price
Index for all Urban Consumers, U.S. City Average (1982=100)
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from
1994 to 1999, provided that
no event shall the monthly rent be less than $95.00 per
antenna per month,
21. ESTOPPEL CERTIFICATE.
TeTramt shall, at any time and from time to time upon not
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less than twenty (20 ) days' prior written notice from -1aTxd-
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lard execute, acknowledge and deliver to aeTndtcasd a state-
ment in writing certifying that this lease is unmodified and
in full force and effect (or, if modified, stating the nature
me]:
of such modification and certified that this lease as modi-
fied, is in full force and effect), the dates to which the
rental and other charges are paid in advance, if any, and the
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amount of t�s security deposit, if any, and acknowledge
that there are not, to Tvneift,"s knowledge, any uncured
0�1 defaults on the part of the-ahereupon, and no events
or condition then in existence which, with the passage of
time or notice of both, would constitute a default on the
part of the lvmdtbrd hereunder, or specify such defaults,
event or conditions, if any are claimed. It is expressly
understood and agreed that any such statement may be relied
upon by any prospective purchaser or,encumberances of all or
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any portion of the property. Teiiant_!� failure upon kaiid—
--�a reasonable request to deliver such statement within
pWA�)E
such time shall, at the option of the or , constitute a
default under this lease.
22. TERMINATION.
Unless otherwise provided for herein, either party may
terminate this Agreement upon 120 days written notice to the
other party.
23. TERM.
The term of this Lease Agreement shall be for period
of five ( 5 ) years comrdenc ing on the first day of J ,
1989 and ending on the 30th day of 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:
"u. i
ATTEST:
Approved As to form:
CITY ATTORN
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WITNESSES:
STATE OF FLORIDA )
) ss.:
COUNTY OF BROWARD )
CITY OF TAMARAC
By: 1 bk,04 ,.
MAYOR
By
A PrZbpEri��s,
By: CM w
By:� _
Title
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I HEREBY CERTIFY that on this C2 / day ofQ4a1X_'_j'
1989, before me personally appeared NORMAN A 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.
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WETNESS my hand and official seaLmarac in the State
and County aforesaid this day of 1989.
Notary Public
NOTARY PUBLIC. STATE OF FLORIDA.
MY COMMISSION EXPIRES: MAR. A, 1993.
�ONgL1? TMRU NOTART PUBWC UND"WRITERIL
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-'�J'�N� Z)(�.
STATE OF TteR4DA i
COUNTY OF AWArRi]
I HEREBY CERTIFY that on this day of ,
1989, before me personally appeared IM0144. �qYG ,s to me
• known, who being duly sworn -by me, did depose and say that he is
the /1P-,'212jyO% 4 of OWNER 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 Agreements
he has authority so to do, that he executed same for and in
behalf of said corporation, and his acts are the acts and deeds
of said corporation.
Vey.•
WITNESS my hand and official seal at w ounty in the
State and County aforesaid this AAE day of 1989.
Not ry P blic
WM4D
"ANTENNA.AGRMNT"
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