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HomeMy WebLinkAboutR-1995-090 4 h ' N t , C f � ,I ;r RESOLUTION NO. 90-95 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE BETWEEN THE CITY OF DANIA AND THE UNITED STATES OF AMERICA RELATING TO ` PLACEMENT OF MOVING TARGET INDICATOR (MTI) s REFLECTOR ON CITY OWNED PROPERTY; AND i PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1 That that certain Lease between the City of Dania relating to placement t ( r of moving target indicator (MTI) reflector (an aid to aviation) on city ownedproperty, +4 a copy of which is attached hereto and made a part hereof as ExhibitA" 'f, be and�f Y the same "s ht an is hereby approved d the appropriate city officials are hereby directed to execute same. <t, Section That this resolution shall be in force and take effect immediately upon its JJ passage and adoption. prrr PASSED and ADOPTED on this 13th day of June 1995. f d ATTEST: Mayor- mmissionerf r r � Acting City Cler< -Auditor APPROVED AS TO FORM & CORRECTNESS ' by Frank C. Adler, City Attorney tsar '- �Aa Et 2 {ta .f U e" ! l Resolution No. 9g�_ 3 liil at t i "k1 r`�RY as✓��4�e � 4r i +y s`'Jiecwiip 4 Nti� i•. 41s'�v �rS. "1 c '�'�. lit .i�Ni yC, �. )� , �sG to� 1 Y ♦, . .. �. _ .. , I r"k0.Y y�� d (( Sr Fy ailM 4l*41 T'JY,1 t ..;1 1 P'IL ^t •1 - - r y<FJ f`In��.'" v ? at14s At f�•M 1 dal 12 r J I l t i Y 1l f N a A N,. f ( f .1 Lys 4 , DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION AD SOUTHERN REGION ASO-SS ON •1 f ` r Lease No. : DTFA06-95-L-13752 Facility : Mn Location : Dania, Florida LEASE �. between N. THE CITY OF DANIA and THE UNITED STATES OF AMERICA , THIS LEASE, made and entered into this day of t pi hundred and ninety-five, by and between the City of Dania, whose in the year one-thousand nine r P.O. Box 1708 t Dania,Florida 33004 y for itself, its successors and assigns, hereinafter referred to as the Lessor, and the United States of America, hereinafter referred to as the Govemmeo r r V4TNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and a np �` I. TERM. Stec as follows: For the term beginning October 1, 1995, and ending September 30, 1996, the Lessor herebyI 1 Government the following described property,P party.hereinafter referred to as the remises viz: eases to the , a P ,M,y Moving Target Indicator i p (of N.E.Reflector mounted oil a 40 foot wooden pole ) 30 feet East of center line of N. 7th Avenue, 410 feet South of center line of Taylor Road and a plot 10' x 10' leveled to the existing roadway. The pole q location is further illustrated on Exhibit "A", attached and hereby made a part "' A " 1 of this agreement. 1 � • and Together with a right-of-way for ingress to and egress from the Premises; a right-of-way for establishing i taming a pole line or pole lines for extending electric Power and/or telecommunication lines to the Premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights- •! Y s of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most wessor, a d the Government. d. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of th maintenance of Government e Premises, and the removal of all obstructions from the premi 1 i,« ' • " establishment and mai ment facilities. ses which may constitute a hindrance to the N EXHIBIT A :.s a l n 0 'F• r v �� n ty, 2_.,J. � r<' �Ps9t1�ire �. •z tS.I ! 1 �-}q�-ryh� �i. t! ` t F 0�.'� i ^, Fd"4R M t••t Zf 1 j 1 J2 n i 41 . a i �f , )�p t r Page 2 B of Lease No. DTFAO6-95-L-13752 s Nz ,- (c) And the right to make alterations re , attach fixtures, and erect additions Premises hereby leased, which alterations, fixtures structures, or si to the said premises , additions, structures or signs g0s, in or upon the SW be and remain the Property of the Gov g�so placed in or upon, or attached expiration or termination of this lease, or within nine e�nt' 8°d may be removed u or its grantees, or purchasers of said alterations, fixtures(&d) days thereafter, b or on Pon �0 of r. ,additions ' Y behalf of the Government, ' shuctures, or signs, 2. RENEWAL. This lease may s' otherwise upon the let ire option of the Government, be from lease rms and conditions herein renewed and the renewed each specified. Tha Gove Year to Year without rcetal charge and >"pv option, before this lease or ear for one year unless the Gov gives apt days notice-s option Shall be deemed exercised r y renewal thereof expires; eminent y that it will not exercise l Period of occupancy of the premises beyond September 30,;2 ROBED, that no renewal thereof shall extend the 3. CONSIDERATION. tt , The Government shall a -j P y the Lessor no monetary consideration in the form of rental, it bein agreed that the rights extended to the Government herein are in consideration of the obli ations pr ,4 Govemment in its establishment, operation, and g mutually i maintenance of facilities u g assumed by the upon the premises hereby leased. Y 4. , TERMINATION. , The Government may terminate this lease notice is writing to the Lessor. , in whole or in Said notice shall be Pam'certified any time by giving at least thirty (30) days terminate this lease by giving at least 180 days notice to the Gov�fi� or registered mail The Lessor may ! termination horn 1 Iti; r within Lessor. Lessor agrees to allow the Gove mmeat in Ming. Upon written notice of Lessor-o right-of-way to caned ght of--way m close proximity to the pit site.relocate to a mutually agreeable location 1 fit. rN, S' RESTORATION. r. r It is hereby i' Y agreed between the parties that u s obligation to restore and/or rehabilitate, either upon or of its occupancy the Gove shall have no It is further awholly partially, the Property mment " greed that the Government may abandon in place an perty which is the subject matter of this installed in or located upon said property by the Gaveduring y or all of the struc become thelures and equipment Property of the Lessor, Notice of abandonment be corner tenure- Such abandoned writing. Y y the Governmentequipment shall i to the Lessor in 6. INTERFERENCE WrM GOVERNMENT OPERATIONS. r Ile 1 w. 11 r � or to install allow or re to b not e erect or allow to be erected installed any electronic P my structure or obstruction of whatsoever kind or nature / r iti may interfere with the proper operation of the facilities installed bent on e site or adjacent land owned by the t without obtaining written consent Y the Governmentunder the for ry,yt is ys g Prior w ' from the Contracins terms of this lease g Officer. M � s•, �'n,"W$vw` �§vdx rv. l ` �,i A r t r°��j r , xY;ryhlr'HYh4i��t�rryy 'i r v! z s` C �a Exhibit "All 4 �1 01 t _ rsk t'1�l rry 1' "FI` I a I { ti ;r 3 tir L �Frf I �yT J }f 5 I 0 §�. arl i N 11SC ^ 1 0ow 101 �1 l GI G YA l�!Y • Q W� � I I y �')Guv C,yr h , r. I - � v Yf � I�� a tiirir�(ii i 1 l�tr'a�3w `k'St •Sf J" .5e5� r 7� A tH � F•�" � 1E x+ tF{ yr - .✓-_ i )> FYb� "INt fi 1.0 1 r:Ji21 'y'ra 1. ryaA. Page 3 of 3 • ,18 Y4r 4 Lease No. DTFAO6-95-L-13752 �r 'r f 7. FEDERAL RAL ACQUISITION REGULATION (48 CFR CHAPTER 1 N s REFERENCE ) CLAUSES INCORPORATED BY This contract incorporates one or more clauses b reference, Y mace with the were given in full text. Upon request, the ContractingOfficer will �0 force and affect as if they mako their full tent available. 52.203-3 52.203-5 GRATUITIES. (APR 1984) COVENANT AGAINST C ONTING'ENT FEES. (APR 1984)52.203-7 ACKBACK PROCEDURES (OCT1988)52.233-I DISPUTES. (MAR 1994) 8. NOTICES. VN" All notices shall be is writing ' f and shall be add g and sent by United States Certified or Registered mail,re a `%A notice to the other): as follows17 (or to such other address as either turn r eceipt requested, H,by PAY may designate from time to k, time by TO LESSOR: ! i City of Dania I P.O. Box 1708 i ti f rr ; Dania, Florida 33W4 • TO GOVERNMENT: S 4 '' Federal Aviation Administration + t"F Southern Region,ASO-55 P. O.Box 20636 ': Atlanta, Georgia 30320 r' General coaespondence may be forwarded d`� � r•}��,�}'� � to the above address via fast class mail. IN WITNESS WBEREOF, the written. Parties hereto have hereunto subscribed their names as of the date art fq, } x` first above y `r' CITY OF DANIA j BY ATTEST: 'signature) yor 4; BY ActinJpfFicial title) City Clerk—Auditor APPROVED AS TO ty Manager FORM AND CORRECISVESS `h UNITED STATES OF A BY: AMERICA Frank J' C. Adler city Attorney r Y BY Jim Wall Contracnoe OfA�.. J yrli+fit (official title) 4pii l � r M14a d3kJ ,C �`^ iti,pRR�rau W�t N.91a l J `}( 1, h R I, t-yM� •`• '?` y . 5 Y>~E t b y �t nX,, , A, 3A r r4:.t�ye ^tier �k1I r krAt r T a LL&DepWme t r is Of TMMPCrt0tW Southern Re0lon i40 ce: P.O. Box20e3E AMIO}IOfl Atlanta,0eorgla30320 Attn: ASO-55C May 24, 15a c r 5t't��,iY}ztwj iJt" Rl��� r yNAe sb rya« Mr. Robert Flatle City Of Dan_3 P.O. Box _-_g Dania, Flcrcda 33004 y Dear Mr. - a�"µl<"«`' Enclosed are the original and four copies of revised Federal Aviation 4 Administratan (FAA) Lease No. DTFAO6-95-L-13752. Thi lease covers the Moving Tar__t s indicator (MT site located on N.E. 7th Street in the City of Dania. :-rucle 4, Termination, has been amended to allow for relocation of the MT: _n case of right-of-way widening. npPp'„,xa If this a=reement is acceptable to c r, Sys`, original anc three copies tothis OfficePlease Uponecomuletion by the Government, an executed copy will be returned to you, y the r xs�kl�t{'h�rP r>w+ � hPr, Your cooper3t_on in the completion and a appreciates. If you have return of the Inc. , at , 1,) 305-5092. any questions, please contact dMe*certGrimes,s will bAIM ,j Sincerely, s'Y `" >•r,,, F•r �,`` Jim all S enor Rea_ Estate Contracting +' ontracting Officer ? Acquisitic- and Real Estate Branch ,}} 7,ykr. 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