HomeMy WebLinkAboutR-2007-092 Fire Station 93 Lease Extension RESOLUTION NO. 2007-092
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING AN EXTENSION OF THE LEASE AGREEMENT EXISTING
BETWEEN THE CITY OF DANIA BEACH ("LESSEE") AND THE CITY OF
HOLLYWOOD ("LESSOR") FOR USE OF PREMISES AT HOLLYWOOD'S
FIRE STATION LOCATED AT 2741 STIRLING ROAD, HOLLYWOOD,
FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the lease agreement dated October 10, 2001, existing between the
City of Dania Beach and the City of Hollywood for use by the City of Hollywood's Fire Station
located at 2741 Stirling Road, Hollywood, a copy of which is attached as Exhibit "A", is
extended for a period of five (5) years commencing retroactive to May 1, 2007, with a payment
of$87,769.86 for the first twelve (12) months of the extension, to be paid monthly.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect retroactive to May 1,
2007.
PASSED AND ADOPTED on May 22, 2007.
O B ANT
MAYOR- OMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F �i}ID CORRECTNESS
� � I
BY: i
THOMAS J. �WPAOJ CITY ATTORNEY
LEASE
I HIS LEASE is dated the /0 day of
2G,O I. by and bervveen
the Cuy ol llallv,,�ood. Florida CLcssor`). 2600 Holboxood HoulcNird. HoV,.�tood, Florida 130 and
the City of Dania Beach. Florida ("Lessee"). 100 A'est Dania Beach Boule%ard, DLn;a Beach, Florida
3300d.
WfTN'ESSETH.
Lessor, for and in consideration of the rents hereinafter reserved, and the terms, conditions,
covenants and precisions on the part of Lessee, leases to Lessee, and Lessee hereby takes and hire,, front
Lessor, subject to the terms and conditions contained in this lease, the property located at 2741 Stirling
Road. Holly"Vood, r1orida(the Tremi4es").
t. TERM AND TERiMINATION - The term of this lease shall be five 5'1 years. cornmenciiii:
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 ha:vc the mutual option to extend the term for an additional fr.e (5) year term,
.,)it 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 P,cfnkcs for
payments riadc by L n essec during any extension of this lease beyond ti c initial five f 5' ,,car term. lessee
shall request discussion of this issue by giving % rirten notice to Lessor at tease one hundred eighty (I SO)
days prior to the crid(if the initial five (5'j year term.
1 F;titer p aMr rila" 'err,-. _�
�li� - bv - - th-
Lin nc 2, RENT For the fMt I-ase.
at for
ihv Premi5es :n ��ie tmouni 't, Z-,,:n("-Vj0n,, 'hvu anfj 1. 0 to—drci S:xt� ),-Nans
5i8.� 0 i30). Payable in equal n:onThl; ntstaikncrits. Tito first par,—nt till be due on the first day of
the term o:`this lease.
For each of the remaining ye fir, of the wrm of thi. ;case. the -er,t will be increased annually by
the lesser of Five percent ( %) or a percentage equal to d mcrease. tny, in the Con umer Price Index
t"CPI"). I?te CPI shalt be calculated using the CPI for AR Urban Consume-s_ %fiatni-rort-Lauderdale
Area, All Items index. The calculation for the third year of thi; lease milt he based on the CPI for the
calendar month three (3), months prior to the cotnmence1nc1 t of Cite See ;nd year o'this lease and the CPI
for the calendar month three (:3) Txxnths prior to the commencemern of the third year of this lease. Tire
calculation for each subsequent :ear of this lease, inch:ding each year of the renewal tern; if exercised,
Twill be similarly based on the CPI for the calendar month three(3), rtaewhs prier 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 tavo consecutive tears, 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 t 180) days prior to the end of a
second consecutive year for which rent increases by five
3. L'SE OF PREMISES -- Lessee's use of the Premises shall include six (6) firefighters, one
engine and one rescue company. I essces tirefightets and vhicies shad occupy jointly oath I-cssor's
firefighters and cchicles those portions of the Premises designate:; for occupancy by :`firefighters and
bellicles. In adkHtion., lessor dia:i allc.w i_2siee to i)ark one (') rei .c nppartitu9 in Ot e portion ad the
#, AEPAIRS TO THE PREMSES - At any fime, Lessor or Lessor's agents shalt have the
right to Crake such repairs of the Prentises as Lessor, in its sole discretion,shall deem appropriate. In the
event of an emergency, Lessor shall have the absolute right to tpkc any action which it teems appropriate
to protect,the Premises.
S. ASSIFGNtT�AND SUBLE UNG - Neither this lease nor the interest of Lessee in this
lease shall ge sold.mortgaged, encumbered, assigned or othenvise transferred,without the prior written
consent of Lessot,which consent vv+ill atoz be unreasonably w itltheld
6. ASi1AL CY In the event the Premises ate rendered unfit for occupancy by casualty,Lessor
shall riot 6e recurred to repair or rebuild the Premises. If Lessor decides not to repair or rebuild the
Premises, this tense 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 arty partial months of occupancy resulting from the casualty.
7, T1EFA6'LT'S
a. aclt oftfe 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 fora 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),
it, Lessee's vacating or abandoning the Premises.
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iii. The rrnnsfer. assignment or sublease of this leaw io amti person m party, except
in a mariner hercin permitted.
b. Upon an E.cm of Default, Lcsscr shaft i.avc tic ti;;fo«uta options:
i. Lessor may treat the lease as terminated whereupon the right of Lessee to the
possession of the Premises shall innnediately terminate.
ii. Lessor may terminate Lessee's right of possession, without tine termination of
this !case, in which event Lessor shall ha%e the right to relet the Premises as the ,agent far Lessee and m
hold the Lessee liable for any deficiency between the amount of rent realized from such r'eletting, less
311y' and all expenses inclined vy' Lessor in connection with such reletting. including but tilt 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 terrninated
or not, Lessee shall surrender possession of the Premises immediately.
Notwithstanding any of the foregoing, an Event of Default shall not terminate this lease, unicss
Lessor so elects in writing, nor sliall it release Lessee from any liability for the performance or
fulfillment of any term or condition provided herein.
S. 1NDEYINIFICATION — To the extent permitted by law, Lessee shall indcmrljfy,
hold harinless 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 sctiun of any kind or nature arising out of a v error,
onilssirin, or neulivent act of Lessee its atterlts or C:mapr(:hoes iti conncciio;i v,It 1 this, iJase (b Si;.1'
breach of tits lea (c) any t,occur-acY !n C)r breach Of an,. of the ,cpresentat.Gns, varrantic,S or
�4`l"chants made by the Lessee hereto , Ui an\ (;i�t,m ..!, !its. {r f1Uf,5. �ll`i<�Lb i'r C£it .LS :if ilCYtq±i.
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arising during the teat of this le.xse for any personal iniun, loss of life or dariage to propert
sustained by reason or as a result of performance of this lease by Lessee, its agents or employees,
and (e) any claims, suits, "actions, darnages or causes of action for any personal injure, irss 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, 'rhese provisions shall survive the expiration or earlier termination
of this lease,
To the extent permitted by iaw, 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 oven 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 shalt 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 indemnif}' 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.
h ,
',L�,Ui.ifti� tElthis 'case shall HX .'ozRstfl..fed YO PLCCt .n 3.t? ': E.a}'.Ccel2.':i Partk''S Sf7ECretgII
irr-murtity and rights, privileges. and itrununities.as set forth in Florida Statues§769.23,
Iti. NO ICYS-All notices to be trade to t.,;ssor under the terms of tivs lease shall be delivered
or mailed to Lessor-at the address set;girth at the beginning of this lease. All notices to be sent to Lessce
under the terms of this lease;and legal notices which might be delivered to Lessee shall be delis Bred or
mailed to Lessee at the address set forth at the beginning of this lease.
Every notice,approval-.consent or other communication authorized or requited 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 giren from time to time.
It. WAIW-R- Failure of Lessor or Lessee to complain of any act or omission on the part of the
other part;:, no matter how-long,the same may continue,shalt not be deemed to be a waiver by said party
of ary of its rights her€under. No waiver by Lessor or Lessee at any time, express or inp#ied, 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 MAJEME -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 reetrlation, 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
perf= rmarree of any such act shall he extended fsr a period equic alein too she period of iuch dcia,,.
13. PARTIAL, INVALIDITY - ff anl: term. cc „_pant. uondiri.;n or pr vision of rhi,s
application thereof to ?111V person or ctreumstance shaft, at any 017ty or 1 im,' ',\.t "4t', ^e ln� t�,ai or
tj
untn:orceabic, the ren ainder of this lease .r the application �.rf ;uch term or i:resisicn to persons or
circumstances -Aher than :hose as 'o it ;s field ;:a�niid or .anent;':. eable. not be affected
t tcrtny. and:-ach term. covenant, ._ndttioa and if ihii lc asc ,.ha ' hz ca;;ti and be eni reed to
the fullest extent permitted by law.
14. INTERPRETATION' - `tft:zneeer herein the srngular nutriber ;s us d he =acne shall
include the plural, and the masculine gander shall include the Feminine and ne t.r gender,and vice versa,
as the context shall require. The section €e dings used herein are for rei;rence 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 ori!ainal.but all of which shall const6tute one and the same insirUment.
15. ENTIRE AGREEMENT -- 'This lease sets forth the entire agreement between the parties
regarding !fie subject matter hereof. No oral statement or prior written material shall have any force or
effect. his aareentent shalt not be modified or canceled except in uNriting subse-ibed by all parties.
16. PARTIES - Except as herein otherwise expressly provided, the cotenant, onditions and
agreements contained in this louse shall bind and inure to the benefit or lessor and Lessee and their
respective successors and assigns.
17. RADON GAS - Radon is a naturally occurring radicra,:tive gas that, txhen it has
accumulated in a building in sufficient quantities, may present health risks to persons iaho are exposed to
it rover time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Acl&clonal rnfornmtion reglydim, radon and radon to>dng may be :rbta;ned from .our coontc
health department,
IN IWITNLSS ' .1"RE017 he p:trt;es herein e :aused 'he due _ t: n crecf the day' and
v�
By: e
Patric,,a A. Cerny,CNIC!AAL ' fora Giulianti.MLyor
City Clerk
Approved as to farm and legality.
f<4 the use and reliance-of the
City of Hollywood,Florida, only.,
Daniell..Abbott,City Attorney
LEASE OF FfRE STATION AT 2741 STIRLING ROAD;HOLLYWOOD, FLORIDA
S"I'ATE OF'FLOR1DA)
COUNTY OF BROWARD) -
aregoing instrumen eras acknok�,iedged before me this y. iay ofr r
t1t11, b f,,,t . _ and , as rMavar and City Clerk of
the City otHullywood, Flor' a.
'l
,� JMETrzT7'At i� ���'«7LLC-
1Jt :, Z$;20Df �/ n rr
• sasw nm.wawur .�wr.M+ Priflf;
Notary Public-State of Florida.
Personally Known J+"' OR Produced Identification
Type of identification Produced_�__
LESSEE:
City"of Dania Deach, I-lorida
Charlene Johnson, 01C Pat flur�, Nfayor
L;tv Clerk
Approved as to form and legality
BY!.
jasnn Nnnelna
ker, Acting Citv MLn-agcr
g
Print:
STATE OF FLORIDA)
CrYUNTY OF BROWARD)
The-foregoing instrument was acknowledged before me this day. of
2001, by o
...._ and as %!a and Cit�r Clerk
the City of Dania Beach, Florida.
J,
tgs Ljocia G. Fry
#CC 767980 P 4'
16.2002 rint:
a0wvo THRU 'Notan, Public--Stare'or Florida
Personally Known v' OR Produced Identification
Type of Identification Produced
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF HOLLYWOOD, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO RENEW THE ATTACHED LEASE
BETWEEN THE CITY OF DANIA BEACH AND THE
CITY OF HOLLYWOOD FOR THE SHARING OF
THE CITY'S FIRE RESCUE FACILITY LOCATED AT
2741 STIRLING ROAD.
WHEREAS, Resolution R-2001-323 authorized the execution of a five
year lease between the City of Hollywood and the City of Dania Beach for space
within the City's fire rescue facility located at 2741 Stirling Road; and
WHEREAS, the City of Dania Beach has indicated their desire to renew
the lease for an additional five year term effective May 1, 2007; and
WHEREAS, the City Commission of the City of Hollywood deems it in the
best interest of the residents of the City to renew the lease of space in the City's
fire rescue facility located at 2741 Stirling Road to the City of Dania Beach; and
WHEREAS, the sharing of this fire rescue facility has enhanced the
delivery of fire rescue services in the most operationally effective and financially
responsible manner; and
WHEREAS, the sharing of this fire rescue facility has expanded upon the
cooperative service delivery philosophy of the Automatic Aid Agreement between
the Cities of Dania Beach and Hollywood; and
WHEREAS, creative solutions have been developed to appropriately and
effectively deliver emergency services within our complex municipal boundaries;
and
WHEREAS, the revenues generated by the lease may be utilized to offset
operating expenditures otherwise funded through the General Fund; and
WHEREAS, the lease renewal amount will be $87,769.86 annually for the
twelve months beginning with May 1, 2007, after which, it shall be adjusted in
accordance with the agreement;
t
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF HOLLYWOOD, FLORIDA:
Section 1: That it hereby approves and authorizes the appropriate City
Officials to renew the attached Lease of space in the City of Hollywood's Fire
Rescue Facility located at 2741 Stirling Road to the City of Dania Beach.
Section 2: That the Fire.Chief and the Director of Financial Services are
hereby directed to deposit revenues generated by this Lease into a General Fund
Revenue Account.
Section 3: That this resolution shall be in full force and effect
immediately upon its passage and adoption.
PASSED AND ADOPTED this _�� day of__ -?n .__, 2007.
MARA GIULIANTI, MAYOR
A ST:
PATRICIA A. CERNY, MMC
CITY CLERk
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Hollywood; FI only.
07KIEL L. ABBOTT, CITY ATTORNEY
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