HomeMy WebLinkAboutR-1988-051 RESOLUTION NO. 51-88
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE POLICE FACILITY LEASE BY AND
BETWEEN THE CITY OF DANIA AND NICK NAVARRO
AS SHERIFF OF BROWARD COUNTY, FLORIDA; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS , the City Commission, City Manager and City Attorney
I of the City of Dania, Florida, have reviewed the attached form of
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Police Facility Lease and have agreed to the terms and conditions
set forth therein; and
NOW THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania,
Florida, does hereby approve the Police Facility Lease agreement
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by and between the City and Nick Navarro as Sheriff of Broward
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County and the terms and conditions set forth themi.n, a copy of
which is attached hereto and made a part hereof as Exhibit "A" .
Section 2. That the Mayor - Commissioner, City Manager and
City Clerk - Auditor are hereby authorized and directed to forth-
with execute said lease agreement on behalf of the City of Dania,
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a Florida.
Section 3 . That this resolution shall be in force and take
�....J` effect immediately upon its passage and adoption.
PASSED and ADOPTED this 27thday of September, 1988.
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' MAYOR - CO IDS NER
ATTEST:
ITY CLERK - AUDITOR
APPROVED AS TO
FORM AND
CORRECTNESS
By
RANK C. ADLEK, City Attorney
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Resolution No . 51-88
S
rk
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R REVISED 9/22/88
j POLICE FACILITY LEASE
j THIS LEASE, made in duplicate as of the 2 7A day of
� _,Q, by and between the CITY OF DANIA, a municipal
corporation organized and existing under the laws of the State of
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Florida, hereinafter referred to as "LESSOR, " and NICK NAVARRO,
as the Sheriff of Broward County, Florida, hereinafter referred
to as "LESSEE, "
1 . LEASE: For and in consideration of the rent
hereinafter required and for other good and valuable
consideration, the receipt and legal sufficiency of which is
hereby acknowledged, the LESSOR does hereby let unto the LESSEE
that certain City of Dania Administrative Center also known as
City Hall facility space consisting of five thousand one hundred
fifty (5, 150) square feet, more or less, in that certain building
known as the City of Dania Administrative Center also known as
City Hall, Broward County, Florida, as the same is described upon
Exhibit�I attached hereto and made a part hereof .
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EXK/ /,3/ T '%9 7710 /t eS 194V f/O 1y /Ya• S/- 88
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2 . TERM: LESSEE shall enjoy the use of the space
described in Paragraph 1 hereof commencing as of the 1st day of
October, 1988 and ending on the 30th day of September, 1990,
unless otherwise extended or terminated in accordance with the
provisions hereinafter set forth.
It is the intent of the parties hereto that the
LESSEE shall enjoy the use of such facility for a term coincident
with that set forth in that certain Service Agreement dated the
zr day of ig(/T,f!24—' 1988, between the parties
hereto as the same may be amended from time to time, and in the
event that such Service Agreement shall be cancelled, rescinded
or terminated, by action of law or otherwise, then and in that
event this Lease shall simultaneously terminate and the same
shall stand of no further force and effect .
3. RENTAL: LESSEE shall pay to LESSOR an annual rental
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as follows:
_ October 1, 1988 through
hSeptember 30, 1989. . . . . . . . . . . . . . . . . . . . . . .$25, 750.00
October 1 , 1989 through
September 30, 1990. . . . . . . . . . . . . . . . . . . . . . . $27, 750.00
Said rental shall be payable by means of
credits to LESSOR against its monthly payments due LESSEE (BSO)
under the Service Agreement between the parties executed
-•j contemporaneously herewith. Said credits shall be due in the
manner and amounts as set forth in said Service Agreement, the
relevant terms of which are expressly incorporated hereby by
reference.
4 . TELEPHONE INSTALLATION AND SERVICE : LESSEE shall be
i , 1:' rt�' �'11l li r';�i?:;; •i';';r'-ti tiuU-!rlCS and costs
=3ncerning telephone service to the leased space, including the
installation and maintenance thereof, less and except such
charges as may be ip;rl. i'.r1 t•) the connection of an extension
service line from the LESSOR'S switchboard to the office of the
liaison officer and the cost of such extension service shall be
borne by LESSOR.
5 . HAINTENANCE : LESSEE shall maintain the leased space
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LESSEE shall suPPlY, at no cost to LESSOR, janitorial service in
accordance with such schedules as LESSiEL shall determine in its
discretion to be appropriate.
6. FURNISHINGS : LESSOR has supplied LESSEE with certain
furnishings as described on Exhibit �,(�
and LESSEE shall have
the continuing right to possess and use such furnishings at the
leased property. In the event that such items of furniture,
equipment and/or appointments shall be destroyed or otherwise
rendered unusable, LESSEE shall immediately replace same with
items of similar cost basis, quality and design, normal wear and
tear excepted.
7. PARKING: LESSOR shall supply for the exclusive
business use and benefit of the LESSEE, his deputies, employees,
agents and/or servants, twenty (20) contiguous parking spaces.
Such spaces as shall be designated for the exclusive use of the
LESSEE, as described immediately preceding, shall be marked by
the symbol "BSO" on the appropriate parking bumpers and shall
include those spaces previously utilized by Dania Police
Department .
8. USE OF PREMISES : The leased space hereinabove
described shall be used by LESSEE as and for classroom
instruction, physical training and general administration
-. concerning police procedures of the Broward County Sheriff ' s
Office, and such use shall be permitted twenty-four (24) hours a
day, each day of the year, during the term hereof. Such leased
space shall not be used for the housing of prisoners or arrestees
on a full-time basis; provided, however, that nothing herein
contained shall be construed to prevent the containment of no
more than eight (8) prisoners at a time for brief periods of
interrogation and/or booking, and nothing herein contained shall
be construed to prevent the taking of witness statements and the
like, provided that the time during which such arrestees or
witnesses shall be present shall not exceed a total of four (4)
hours, per occasion.
9 . ASSIGNMENT OR SUBLETTING: LESSEE shall neither as-
sign, sublet, mortgage, pledge nor otherwise transfer the leased
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space or the use thereof nor shall LESSEE transfer any right or
interest hereunder to anyone other than LESSEE and LESSEE ' S
successor in office, except upon the prior written approval of
LESSOR, which approval must be set forth by a Resolution, duly
enacted by the governing body of LESSOR. Likewise, in no event
shall LESSEE, without the written consent of LESSOR as evidenced
by a Resolution duly enacted by the governing body of LESSOR,
permit the leased space to be occupied or used by any person,
firm or corporation other than LESSEE and/or LESSEE ' S successor
in office and/or LESSEE'S deputies; then, if at all, only for the
purposes herein stated.
10. VACATING UPON TERMINATION: Upon the expiration of the
term hereinabove set forth or upon the termination hereof,
subject to the provisions of transition incident thereto, LESSEE
shall immediately vacate the subject leased space and remove such
items of personalty therefrom as may have been brought onto such
space by LESSEE, and the LESSEE shall peacefully surrender and
deliver up the whole of such leased space, together with all
improvements thereon and all furniture, equipment and/or
appointments therein and belongings to LESSOR as described in
Paragraph hereof or such substitutions as may have been made
in accordance with the terms hereof to the LESSOR and/or its duly
appointed agents . Likewise, LESSEE shall leave the leased space
in the exact state of repair and condition as LESSEE found it,
subject to reasonable wear and tear during the term hereof, as
such term may be extended in accordance with the provisions
hereof . In addition, LESSEE shall notify LESSOR of the day upon
which LESSEE intends to vacate the leased space and shall permit
in connection therewith a representative of LESSOR to inspect the
leased space to see that the leased space is in the same state
and repair as it was at the time the property was let unto
LESSEE, subject only to reasonable wear and tear during the term
hereinabove described.
11 . ACCESS TO REMAINING FACILITIES : LESSOR and LESSEE do
each acknowledge, one to the other, that the subject leased space
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fconstitutes a part of the City of Dania Administrative Center
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also known as City Hall complex. LESSEE shall restrict its use
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of the leased space, the activities, servants and/or agents
(exclusive of LESSEE ' S deputies detailed to the City of Dania) to
the leased space and the sanitary facilities connected therewith.
LESSEE shall not permit its agents, employees and/or servants to
enter the other rooms, closets or hallways of the City of Dania
Administrative Center also know as the City Hall complex except
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upon official business. All ingress and egress shall be by the
ingress and/or egress doors and hallways, as the same are
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delineated upon Exhibit attached hereto and made a part
hereof.
12. FIRE; DESTRUCTION: In the case of injury to the
leased space or the appurtenances connected therewith uy fire or
other cause, the LESSEE shall give immediate notice thereof to
LESSOR. In the event the leased space shall be damaged by fire
<. or other cause without fault or neglect of LESSEE, its deputies,
employees, agents, servants and/or visitors, the injury shall be
repaired at the expense of LESSOR as speedily as possible after
such notice. If, without such fault or neglect the leased space
shall be rendered untenantable by the elements or any other
cause, the rent therefor shall cease until the lease space shall
be repaired. If , without such fault or neglect the building in
which the leased space is located or the lease space shall be
destroyed by the elements or other cause, or so nearly destroyed
as to require the rebuilding thereof, the rent shall be paid up
to the time of such destruction and from thence forth this Lease
shall cease and be of no further force or effect . No
compensation or claim shall be permitted by the LESSEE by reason
of inconvenience, annoyance or injury to business arising from
the necessity of repair to any portion of the building in which
the leased space is located or the leased space, however the
necessity therefor may occur, and the LESSEE does hereby waive
such compensation and/or claim. In the event the building in
which the leased space is located or the leased space shall be
damaged or destroyed as a result of the fault or negligence of
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visitors, then and in that event LESSEE shall pay to LESSOR, the
cost of the repair thereof upon the presentation to LESSEE of
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such invoices as shall be applicable thereto.
13. INSURANCE: LESSOR shall, during the term
hereinabove set forth, keep at its expense the lease space and
the building in which such leased space is located insured
against loss or damage by fire or natural cause, and the LESSOR
shall maintain, at its expense, such insurance coverage as shall
be necessary to insure the contents of the offices of the leased
space, provided that such coverage shall effect and apply only to
those items which are furnished by LESSOR. In the event that
LESSEE shall take and bring upon the leased space additional
items of personalty, LESSEE shall do so at its own risk, cost and
expense.
LESSEE shall maintain personal liability
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insurance coverage of $1 , 000,000/$1, 000, 000 and in addition
�R thereto excess liability coverage in the amount of
$10,000,000/$10,000,000. Such insurance coverage shall be
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maintained throughout the term hereinabove set forth.
LESSEE shall provide, moreover, a co-insured
endorsement to the above described personal liability and excess
liability insurance coverages, reflecting thereon the LESSOR as
co-insured with respect to any and all claims of liability which
may be made against LESSOR or which may arise out of or as the
result of the intentional and/or negligent acts or the alleged
intentional and/or alleged negligent acts of LESSEE, its
deputies, employees, agents, servants and/or visitors .
LESSEE shall provide the LESSOR with a copy of
the respective policies of insurance required hereunder,
including the endorsements thereto and renewals thereof, in order
that the LESSOR, through the offices of the City Clerk, may keep
such copies on file for the benefit of the public and inspection
of the citizenry of LESSOR.
' 14. HOLD HARMLESS : LESSEE shall hold the LESSOR
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harmless from any and all manner of action and actions, cause and
causes of action, suits, trespasses, damages, judgments, J
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executions, claims and demands of any kind whatsoever in law or
,I in equity, which may result from or arise out of the intentional
or negligent acts or the alleged intentional or alleged negligent
acts of LESSEE, its deputies, employees, agents, servants and/or
visitors, and LESSEE shall indemnify the LESSOR for any and all
damages, judgments, claims, costs, expenses, including reasonable
attorney' s fees, which the LESSOR might suffer in connection with
or as a result of the intentional or negligent acts and the
alleged intentional or alleged negligent acts of the LESSEE, its
deputies, employees, agents, servants and/or visitors .
15. OPTION TO RENEW: For and in consideration of the
execution hereof, the legal sufficiency of which is hereby
acknowledged, the LESSOR hereby gives to the LESSEE an option to
renegotiate this Lease upon the conclusion of the term hereof ,
provided that the LESSEE is not in default of the terms hereof
and that such option be exercised by a written indication of the
intent so to be delivered to the LESSOR in accordance with the
schedule regarding renegotiation of the Service Agreement
executed contemporaneously herewith.
16. SUCCESSORS: This Lease shall inure to the benefit of
and be binding upon the successors of the parties hereto.
17. CONSTRUCTION: This Lease shall be construed in
accordance with the laws of the State of Florida.
18. ENTIRE AGREEMENT; MODIFICATION: The terms hereof
constitute all of the representations, covenants and agreements
of the parties hereto and the same may not be modified, in whole
or in part, except by an instrument in writing executed with the
same formalities as this Agreement is executed.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year set forth below their
respective signature.
CITY OF AN
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CITK MANAGER
DATE
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MAYOR
DATE
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
BROWAR,D/COUNTY SHERIFF'S OFFICE
-A
SHERIFF CC N VARRO
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DA
WITNESS:
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Front Door Window Dania Police
Bullet proof Department
o Communications 100 W. Dania
v
Area a Beach Blvd.
Reception i— First Floor
Area Comm. Area
Armory
10,7 74" &
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1013" By Sgt. Ayers
9'4"
Stairway Det. r. Edel
to Second Temp
Floor Shelves 4'10" Storage Radio page * 1
Equip.
9'4" Date
709" 8/30/88
Armory 9'10"
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Cell 13,,7" Room 7,9"
11
Hallway
Squar
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This Area Continued
Next Page
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913'
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10'11 '
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Dania Police Department Page f2
100 W. Dania Beach Blvd.
First Floor Office Area & Squad Room Date
Measurements by Sgt. 0. Ayers 8�30�$$
Sketch by Det. C. Edel
12'4" 12'4" 12'4"
7'10" 7'10" 12'3"
Records Storage Office Office
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Section
Continued
Next 28'8"
Page 3 Detective Area
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8 Hallway
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pt. Office
Dania Police Department
100 W. Dania Bch. Blvd. Page *3
Second Floor Date
Detective Bu. & Admin. Offices 8/30/88
Measurements by Sgt. G. Ayers
Sketch by Det. C. Edel
Exterior 11 'T' 4 1 "
Stairs
Court Leasion Office 7'11"
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Dania Police Department page ¢ 4
100 W. Dania Bch. Blvd.
Second Floor Date
Records and File Offices 8/30/88
Measurements by Sgt. G. Ayers
Sketch by Dot. C. Edel
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