Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-89-1981 2 3 4 5 33 34 35 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,, g 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 11 1 C),R12y1r_ 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 -1- 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 r 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 -2- 9-fl-199 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. -3- oq, 11 (07 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. -4- 9 -"97 `6,9 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. E 2. Worker's Compensation Insurance: r 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, -5- �--8'9' 198 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 K- -158 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 -7- r. gy- goo 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. W-M V, 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) �v,��, �(� in 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 CkJu( k less than twenty (20 ) days' prior written notice from -1aTxd- Ch,�� ►vE. 2 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 ^V 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 Cr) YS of )1U_rIr 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. -10- r 1 u i 0 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 Lj 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 r 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. -11-- R- 8q-Ile 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 v -12- g- b9-fie -'�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" 0 a -13-