HomeMy WebLinkAboutR-2001-175 RESOLUTION NO. 2001-175
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF
DANIA BEACH ("LESSEE") AND THE CITY OF HOLLYWOOD
("LESSOR") FOR USE OF CERTAIN PREMISES AT
HOLLYWOOD'S FIRE STATION, LOCATED AT 2741 STIRLING
ROAD, HOLLYWOOD, FLORIDA, IN ORDER TO PROVIDE FIRE
RESCUE SERVICES TO DESIGNATED AREAS OF DANIA
BEACH; FURTHER, PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That that certain Lease Agreement between the City of Dania Beach and the City
of Hollywood for use of certain premises at Hollywood's Fire Station located at 2741 Stirling
Road, Hollywood, Florida, attached as Exhibit "A", is approved and the appropriate city officials
are authorized to execute same.
Section 2. That the term of the Lease Agreement for said Premises shall be five (5) years,
commencing 30 days after the date Lessor initially occupies the new fire station being
constructed on Premises.
Section 3. That this Resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED this 25th day of September, 2001.
PATRICIA FLURY.
MAYOR- COMMISSIONER
AT EST: ROLL CALL:
COMMISSIONER BERTINO - NO
COMMISSIONER MCELYEA - NO
CHARLENE JOSON COMMISSIONER MIKES - YES
ACTING CITK VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY.
4 A
H A ,/J. RO
CITY ATTORNEY
RESOLUTION NO. 2001-175
• LEASE
THIS LEASE is dated the day of , 2001, by and between
the City of Hollywood, Florida ("Lessor"), 2600 Hollywood Boulevard, Hollywood, Florida 33020, and
the City of Dania Beach, Florida ("Lessee"), 100 West Dania Beach Boulevard, Dania Beach, Florida
33004.
WITNESSETH.
Lessor, for and in consideration of the rents hereinafter reserved, and the terms, conditions,
covenants and provisions on the part of Lessee, leases to Lessee, and Lessee hereby takes and hires from
Lessor, subject to the terms and conditions contained in this lease, the property located at 2741 Stirling
Road, Hollywood, Florida(the "Premises").
1. TERM AND TERMINATION - The term of this lease shall be five (5) years, commencing
30 days after the date Lessor initially occupies the new fire station being constructed on the Premises.
Lessor shall give written notice to Lessee not later than the date Lessor initially occupies the new fire
station. The parties will have the mutual option to extend the term for an additional five (5) year term,
on the terms and conditions set forth herein, by giving written notice to each other at least ninety (90)
days' prior to the end of the initial term.
Lessor agrees to discuss the acquisition by Lessee of an equity interest in the Premises for
payments made by Lessee during any extension of this lease beyond the initial five (5) year term. Lessee
shall request discussion of this issue by giving written notice to Lessor at least one hundred eighty (180)
days prior to the end of the initial five(5) year term.
Either party may terminate this lease by giving not less than one hundred eighty (180)
days' written notice.
2. RENT— For the first two (2) years of the term of this lease, Lessee shall pay to Lessor annual
rent for the Premises in the amount of Seventy-Light Thousand Two Hundred Sixty Dollars
EXHIBAV
IT '® ®�
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• ($78,260.00), payable in equal monthly installments. The first payment will be due on the first day of
the term of this lease.
For each of the remaining years of the term of this lease, the rent will be increased annually by
the lesser of five percent(5%) or a percentage equal to the increase, if any, in the Consumer Price Index
("CPI"). The CPI shall be calculated using the CPI for All Urban Consumers, Miami-Fort-Lauderdale
Area, All Items index. The calculation for the third year of this lease will be based on the CPI for the
calendar month three (3) months prior to the commencement of the second year of this lease and the CPI
for the calendar month three (3) months prior to the commencement of the third year of this lease. The
calculation for each subsequent year of this lease, including each year of the renewal term if exercised,
will be similarly based on the CPI for the calendar month three(3) months prior to the commencement of
the previous year of this lease and the CPI for the calendar month three (3) months prior to the
commencement of the year of this lease for which the rent is being calculated. In no event will the rent
• be reduced.
If the rent is increased by five percent(5%) for two consecutive years, Lessor will have the right
to renegotiate the provisions of this lease relating to the adjustment of rent. Lessor shall exercise this
right by giving written notice to Lessor at least one hundred eighty (180) days prior to the end of a
second consecutive year for which rent increases by five(5%).
3. USE OF PREMISES — Lessee's use of the Premises shall include six (6) firefighters, one
engine and one rescue company. Lessee's firefighters and vehicles shall occupy jointly with Lessor's
firefighters and vehicles those portions of the Premises designated for occupancy by firefighters and
vehicles. In addition, Lessor shall allow Lessee to park one (I) reserve apparatus in the portion of the
Premises designated for occupancy by vehicles: provided, however, that Lessee shall promptly move
such apparatus off the Premises upon oral notice from Lessor that Lessor requires the space for one of its
vehicles.
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• 4. REPAIRS TO THE PREMISES — At any time, Lessor or Lessor's agents shall have the
right to make such repairs of the Premises as Lessor, in its sole discretion, shall deem appropriate. In the
event of an emergency, Lessor shall have the absolute right to take any action which it deems appropriate
to protect the Premises.
5. ASSIGNMENT AND SUBLEASING - Neither this lease nor the interest of Lessee in this
lease shall be sold, mortgaged, encumbered, assigned or otherwise transferred, without the prior written
consent of Lessor, which consent will not be unreasonably withheld.
6. CASUALTY- In the event the Premises are rendered unfit for occupancy by casualty, Lessor
shall not be required to repair or rebuild the Premises. If Lessor decides not to repair or rebuild the
Premises, this lease shall be terminated commencing on the date of the casualty. If Lessor decides to
repair or rebuild the Premises, Lessee will not be responsible for payment of rent for the period
commencing on the date of the casualty and ending on the date the Premises are once again fit for
® occupancy, and rent will be prorated for any partial months of occupancy resulting from the casualty.
7. DEFAULTS -
a. Each of the following events shall be an "Event of Default" by Lessee hereunder.
i. Lessee's failure to observe or perform one or more of the terms, conditions,
covenants or agreements of this lease and the continuance of such failure for a period of 30 days after
written notice by Lessor specifying such failure (unless such failure involves work to be performed, acts
to be done, or conditions to be removed, as the case may be, which cannot, with due diligence, be
completed within such 30-day period, in which case no default shall be deemed to exist so long as Lessee
shall have commenced curing the same within such 30-day period and shall diligently and continuously
prosecute the same to completion).
ii. Lessee's vacating or abandoning the Premises.
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® Ili. The transfer, assignment or sublease of this lease to any person or party, except
in a manner herein permitted.
b. Upon an Event of Default, Lessor shall have the following options:
i. Lessor may treat the lease as terminated whereupon the right of Lessee to the
possession of the Premises shall immediately terminate.
ii. Lessor may terminate Lessee's right of possession, without the termination of
this lease, in which event Lessor shall have the right to relet the Premises as the agent for Lessee and to
hold the Lessee liable for any deficiency between the amount of rent realized from such reletting, less
any and all expenses incurred by Lessor in connection with such reletting, including but not limited to
renovation and repair expenses, and the amount which would have been payable by Lessee under the
terms of this lease.
C. On the termination of the right of possession of Lessee, whether this lease be terminated
• or not, Lessee shall surrender possession of the Premises immediately.
Notwithstanding any of the foregoing, an Event of Default shall not terminate this lease, unless
Lessor so elects in writing, nor shall it release Lessee from any liability for the performance or
fulfillment of any term or condition provided herein.
8. INDEMNIFICATION — To the extent permitted by law, Lessee shall indemnify,
hold harmless and defend the City, its officers, agents and employees against any loss, damage or
expense (including all costs and reasonable attorneys' fees) suffered by City from (a) any claim,
demand, judgment, decree, or cause of action of any kind or nature arising out of any error,
omission, or negligent act of Lessee, its agents or employees in connection with this lease (b) any
breach of this lease, (c) any inaccuracy in or breach of any of the representations, warranties or
covenants made by the Lessee herein, (d) any claims, suits, actions, damages or causes of action
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arising during the term of this lease for any personal injury, loss of life or damage to property
sustained by reason or as a result of performance of this lease by Lessee, its agents or employees,
and (e) any claims, suits, actions, damages or causes of action for any personal injury, loss of life
or damage to property sustained by reason or as a result of the presence of Lessee, its agents or
employees on the Premises. These provisions shall survive the expiration or earlier termination
of this lease.
To the extent permitted by law, Lessee shall indemnify and save harmless Lessor from
suits, actions, damages, liability and expense in connection with loss of life, bodily or personal
injury or property damage arising from or out of any occurrence in, upon, at or from the Premises
or the occupancy or use by Lessee of the Premises or any part thereof, or occasioned wholly or in
part by any act or omission of Lessee, its agents or employees. Lessee shall store its property in
and shall occupy the Premises at its own risk, and Lessee releases Lessor, to the extent permitted
by law, from all claims of every kind resulting in loss of life, personal or bodily injury or
property damage. Lessor shall not be responsible or liable at any time for any loss or damage to
Lessee's equipment or other personal property.
To the extent permitted by law, Lessor shall indemnify and save harmless Lessee from
suits, actions, damages, liability and expense in connection with loss of life, bodily or personal
injury or property damage arising from or out of any occurrence in, upon, at or from the Premises
occasioned wholly or in part by the negligence of Lessor or its employees.
Nothing in this lease shall be construed to affect in any way either party's sovereign
immunity and rights,privileges, and immunities as set forth in Florida Statutes §768.28.
10. NOTICES - All notices to be made to Lessor under the terms of this lease shall be delivered
or mailed to Lessor at the address set forth at the beginning of this lease. All notices to be sent to Lessee
under the terms of this lease, and legal notices which might be delivered to Lessee shall be delivered or
mailed to Lessee at the address set forth at the beginning of this lease.
Every notice, approval, consent or other communication authorized or required by this lease shall
not be effective unless same shall be in writing and delivered or mailed, postage prepaid, by United
States mail, directed to the other party at its address hereinabove first mentioned, or such other address as
either party may designate by notice given from time to time.
11. WAIVER- Failure of Lessor or Lessee to complain of any act or omission on the part of the
other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party
• of any of its rights hereunder. No waiver by Lessor or Lessee at any time, express or implied, of any
breach of any provision of this lease shall be deemed a waiver of a breach of any other provision of this
lease or a consent to any subsequent breach of the same'or any other provision.
12. FORCE MAJEURE - In the event that Lessor or Lessee shall be delayed, hindered in or
prevented from the performance of any act required hereunder by reason of strike, lockout, labor trouble,
inability to procure materials, failure of power, restrictive governmental law or regulation, riot,
insurrection, the act, failure to act or default of the other party, war or other reason beyond its control,
then performance of such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the period of such delay.
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13. PARTIAL INVALIDITY - If any term, covenant, condition or provision of this lease or the
application thereof to any person or circumstance shall, at any time or to any extent, be invalid or
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. unenforceable, the remainder of this lease, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each term, covenant, condition and provision of this lease shall be valid and be enforced to
the fullest extent permitted by law.
14. INTERPRETATION - Whenever herein the singular number is used, the same shall
include the plural, and the masculine gender shall include the feminine and neuter gender, and vice versa,
as the context shall require. The section headings used herein are for reference and convenience only
and shall not enter into the interpretation hereof. This lease may be executed in several counterparts,
each of which shall be an original, but all of which shall constitute one and the same instrument.
15. ENTIRE AGREEMENT — This lease sets forth the entire agreement between the parties
regarding the subject matter hereof. No oral statement or prior written material shall have any force or
effect. This agreement shall not be modified or canceled except in writing subscribed by all parties.
16. PARTIES - Except as herein otherwise expressly provided, the covenants, conditions and
agreements contained in this lease shall bind and inure to the benefit of Lessor and Lessee and their
respective successors and assigns.
17. RADON GAS - Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to
it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your county
health department.
IN WITNESS WHEREOF, the parties hereto have caused the due execution hereof the day and
year first above written.
LESSOR:
Attest: City of Hollywood, Florida
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• Patricia A. Cerny, CMC/AAE By: Mara Giulianti, Mayor
City Clerk
Approved as to form and legality
for the use and reliance of the
City of Hollywood, Florida, only.
Daniel L. Abbott, City Attorney
LEASE OF FIRE STATION AT 2741 STIRLING ROAD,HOLLYWOOD, FLORIDA
STATE OF FLORIDA)
COUNTY OF BROWARD)
The foregoing instrument was acknowledged before me this day of ,
2001, by and as Mayor and City Clerk of
the City of Hollywood, Florida.
Print:
ONotary Public—State of Florida
Personally Known OR Produced Identification
Type of Identification Produced
i g
• LESSEE:
Attest: City of Dania Beach, Florida
.—C--L By. ?-- � ,-e—
Charlene Johnson, C Pat Flury, Mayor
City Clerk
Approved as to form an71egalit
By.
Ja on Nunemaker, Acting City Manager
✓��Print: �
STATE OF FLORIDA) /
COUNTY OF BROWARD) /
The46regoing instrument was acknow edged before me ;his l Ci day of 'C—7�t4�-L
2001, by ll' �t �� ✓�(i�%"_ and r; �{ t-/t ii. , as Mayor and City Clerk of
the City of Dania Beach, Flori a% ✓��
,tgN �U Linda G. FrY
h COmmIsS&,#CC 7679K
F41res AUG.16,2002 Print: /�7 ,��_ ✓ ✓�
BO DEa THRU /Notar Public— State f Florida
artartrr,BONDING M.�K, Y
Personally Known ✓ OR Produced Identification
Type of Identification Produced
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