HomeMy WebLinkAboutR-1998-052 RESOLUTION NO. 52-98
A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THAT
CERTAIN LEASE AGREEMENT BETWEEN ADVANCED MODULAR
SYSTEMS, INC., AND THE CITY OF DANIA IN FORM AS ATTACHED
EXHIBIT "1"; AND PROVIDING AN EFFECTIVE DATE THEREFOR.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA, THAT:
SECTION 1: That certain Lease Agreement between Advanced Modular Systems, Inc.,
a Florida Corporation, and the City of Dania, in substantial form as Exhibit "1', attached,
is approved and the appropriate City Officials are directed to execute it. The City Manager
and the City Attorney are authorized to make minor revisions to that certain Lease
Agreement as they may deem necessary.
SECTION 2: This Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 14T" day of APRIL, 1998.
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MAYOR— COMMISSIONER
ATTEST:
CITY CLER —AUDI OR
APPROVED AS TO FORM
AND CORRECTNESS:
By:
— THO(MA J. ANSBRO
CITY ATTORNEY
G:\WPFILES\TJA\DANIA\FORMSWDVANCED MODULAR LEASE.RES
4116198
LEASE AGREEMENT
THIS IS AN AGREEMENT (the "Agreement"), entered into on May 1, 1998,
between ADVANCED MODULAR SYSTEMS, INC., a Florida corporation, located at 1911
NW 15' Street, Pompano Beach, Broward County, Florida 33069 (the "Lessor") and THE
CITY OF DANIA, a Florida municipal corporation, located at 100 West Dania Beach
Boulevard, Dania, Broward County, Florida 33004 (the"Lessee").
This Agreement contains the terms and conditions under which Lessor agrees to
lease to Lessee the building described on Exhibit A, a copy of which is attached to this
lease and made a part of it (the "Building").
For good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
1. Lessee agrees to lease the Building for a period of one(1)year beginning on the date
first appearing above or on the date of written acceptance by Lessee of the Building after it is
installed on the site by Lessor, at a site which shall be selected by Lessee, whichever is later. The
total amount payable during the lease period is Eight Thousand Five Hundred ($8,500.00) Dollars,
which amount includes one year's rent, round-trip freight, installation charges and modification
charges. Payment shall be made in twelve (12) equal installments and shall be remitted to Lessor
on or before the last day of the month to which applicable, at the address of Lessor listed above.
2. The Building shall be located at a site selected by Lessee at Modello Park, 800
Northwest 2nd Street, Dania, Florida 33004. Once installed, Lessee shall have no right to move or
relocate the Building without the prior written consent of the Lessor. In the event the Lessee wishes
to relocate the Building, the parties may agree to reasonable additional relocation fees as may be
necessary to ensure that the Building is relocated and maintained in accordance with good business
practices of both parties.
3. The parties understand and agree that Lessee does not, under this Lease, acquire any
right, title or interest in or to the Building or any part of it,except the right to possession and use of
the Building during the term of this Lease.
4. In addition to payment of rental as provided in this Agreement, the parties agree as
follows:
(1) Lessee shall pay or reimburse Lessor for any and all sales and use taxes and
i other direct taxes arising from Lessee's lease of the Building, if any are due and owing.
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(2) Lessee agrees, at Lessee's sole cost and expense, to keep the Building, at all
times during the term of this Agreement, in good repair and condition, free of any and all liens and
encumbrances. For the term of this Agreement, Lessee reserves the right to demand that Lessor cure,
and Lessor agrees to cure, within ten (10)days of the demand, any and all deficiencies or conditions
which are not attributable to Lessee and which cause the Building to be unfit for its particular
purpose. Upon termination of this Agreement by expiration or otherwise, Lessee agrees to return
the Building to Lessor, in the same condition and state of repair as delivered to Lessee, ordinary wear
and tear excepted.
(3) Lessee will inspect Building when delivered and, if delivered by Lessor in
good condition,properly installed and prepared by Lessor for Lessee's use, Lessee agrees to approve
the leased Building. No warranties, expressed or implied, are given by Lessor to Lessee, except the
implied warranty of fitness for a particular purpose and a warranty that the Building will be installed
in compliance with all applicable federal, state,county and City laws, ordinances and building codes.
Lessor shall not be bound by any statements, agreements or representations not specifically set out
in this Agreement, unless in writing and signed by Lessor.
(d) The parties agree that Lessee shall have no claim against Lessor for damages
which, under the terms of this Agreement, may result from Lessor's failure to deliver the Building
i on the date agreed, which date is May 1, 1998, or any such claim if delay is due to fire, flood,
windstorm, civil disobedience, strikes, or Acts of God,any of which prevent the manufacture of the
Building or its delivery by Lessor in the normal course of business. However, should any
circumstances whatsoever prevent Lessor from delivering the Building on the date and in the
condition agreed,Lessee in its sole discretion will have the right to terminate this Agreement without
incurring any obligation or liabilities to Lessor, upon providing Lessor written notice to that effect.
(e) Lessee agrees to provide Lessor free and clear access for delivery and for
return of the Building by standard mobile transport vehicles. Lessee shall provide firm and level
ground, or no more than a six(6) inch slope from one end of the site to the other, for safe installation
of the Building. Site selection is the sole responsibility of Lessee and Lessor shall have no
responsibility or liability for determining the adequacy of any site for the set-up of the Building.
(f) At any time during the last month of the lease term, Lessee may notify Lessor
to retake possession of the Building and remove it from City property. Lessor, at any time following
the expiration date of this Agreement, with five(5) days advance written notice to the Lessee, may
request Lessee to return possession of the Building to Lessor, or, subject to a separate written
Agreement executed by both parties, the rental rate and other terms for leasing the Building may be
re-negotiated. Should either party terminate this Agreement, the rent due for the last month in the
lease term will not be prorated.
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(g) If the Lessee, without any further written agreement,shall continue to possess
or occupy the Building leased under this Agreement beyond the expiration of the term of this
Agreement, or any extension of it, with or without the consent of Lessor, the Lessee shall be
considered to have renewed the lease on a month to month basis subject to payment of the monthly
lease amount set forth above.
(h) Termination of this Agreement by Lessor shall become effective only when
the Lessee has released possession of the Building to Lessee and has paid Lessee for any and all
unpaid rents and charges applicable to the returned Building which have accrued as of the time of
the return of the Building.
(i) WARRANTY FOR MERCHANTABILITY AND FITNESS: LESSEE
AGREES THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THE
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY
APPEARING ABOVE IN PARAGRAPH 4(c). ALL OTHER WARRANTIES ARE EXCLUDED.
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5. While the Building is in the custody, possession or control of Lessee, Lessee
specifically indemnifies Lessor, and agrees to hold Lessor harmless, against all loss and damages
l Lessor may sustain or suffer because of:
i
(a) The loss of or damage to the Building, or any part of it because of collision,
fire, lightning, theft, flood, windstorm or explosion; and
(b) The death of, injury to, or damage to the property of, any third person, as a
direct result of, in whole or in part, the Lessee's use of the Building, or any part of it; and
(c) The failure of Lessee to maintain the Building as agreed and provided in this
Agreement.
6. The Lessee shall at all times during the term of this Agreement keep and maintain in
full force and effect, at Lessee's sole cost and expense, insurance of types and amounts as set forth
in Lessee's existing liability policy.
(a) At or prior to the commencement of the term of this Agreement, upon
Lessor's written request, the Lessee shall deliver to the Lessor proof of insurance required in this
Lease. The Lessee shall pay the premiums for all insurance required by this Agreement to be
renewed from time to time so that at all times the insurance protection required by this Agreement
shall continuously exist. The policy shall not be canceled or materially changed without the giving
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of at least thirty (30) days prior written notice of such cancellation or change to the Lessor, and in
such event, a policy pursuant to the terms set forth below must be substituted.
(b) The Lessee shall maintain in full force the insurance coverage as set forth
below:
(1) Personal Injury/Property Damage Insurance shall be maintained
during the life of the Agreement protecting Lessor against all loss and
damages it may sustain or suffer because of the loss of or damage to
the Building, or any part of it, because of collision, fire, theft,
lightning, flood,windstorm, explosion or other casualty and the loss
of or damage to the Building, or any part of it, because of the death
of, injury to, or damage to the property of any third person as a result
of, in whole or in part, the Lessee's use of the Building or any part of
it, while in the custody, possession, or control of the Lessee.
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The following must be maintained:
Personal Injury Liability with limits of$300,000.00.
Property Damage and Liability Insurance with limits of$300,000.00.
Comprehensive General Liability Insurance with limits of
$500,000.00.
(2) Lessee agrees that the procurement of insurance as required in this
Agreement shall not, and does not, affect the Lessee's covenants,
i obligations and indemnities under this Agreement, and the loss,
damage to, or destruction of the Building leased under this
Agreement shall not terminate this Agreement, except to the extent
that Lessor is actually compensated by insurance paid for by Lessee.
7. Lessee has all responsibility to secure and pay for all licenses, titles, permits and
other certificates as may be required by law or otherwise for Lessee's lawful operation, possession
or occupancy of the Building leased under this Agreement. Lessee agrees that all certificates of
registration applicable to the Building shall reflect Lessor's ownership of it.
8. Lessor reserves to itself the right to place upon each piece of the leased Building the
name of the Lessor, subject to the approval of Lessee as to size and design and Lessee agrees not to
remove that name or permit any other person to do so.
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9. Lessee shall notify Lessor immediately of any levy or seizure of the Building and
shall indemnify Lessor against loss or damage resulting from such act, if such levy or seizure is
solely attributable to an act or omission to act of Lessee. Lessor shall have the right to inspect the
Building from time to time upon reasonable notice during the term of this Agreement and if Lessor
believes the same to be over-loaded beyond normal capacity, misused, abused or neglected, the
Lessor may remove and repossess the Building, giving five(5) days advance written notice to Lessee
before doing so.
t10. In the event any act or obligation required of the Lessee under this Agreement shall
not be substantially performed in the manner and at the time or times required by this Agreement,
Lessee shall be in default under this Agreement, and Lessor shall have the right with five (5) days
advance written notice to Lessee to retake and retain the Building free of all rights of Lessee without
j any father liability or obligation to redeliver the same or any part of it to Lessee; provided, however,
that in any such case, Lessor shall provide advance written notice of any such default and Lessee
jshall be afforded the opportunity to cure such default within ten (10) days after receipt of such
notice. If such default is not timely cured, Lessee may proceed to re-take the Building as set forth
above. Lessee shall only be responsible for the payment of rent up to the date Lessor re-takes
possession of the Building. Nothing in this Agreement shall be construed to give Lessor a claim for
any lien against any real or personal property of Lessee.
11. Lessee shall not make, suffer or permit any unlawful use of the Building and shall
not without Lessor's prior written consent,make or suffer any changes, alterations or improvements
in or to the leased Building or remove from it any parts, accessories,attachments or other equipment.
Lessee agrees to remain liable for all replacement costs or repairs if Lessor's accessories,
attachments or associated items are missing or in need of repair, other than those repairs or
replacements due to ordinary wear and tear. Items that have been placed in the Building by or on
behalf of the Lessee shall, at Lessee's sole discretion, be removed and remain the property of Lessee.
12. Lessee agrees to comply with all laws,rules,regulations or orders of all state, federal
or local governments or agencies which in any way affect, relate or apply to the Building or its use,
operation and maintenance and Lessee agrees to indemnify and hold harmless the Lessor from any
and all fines, forfeitures, seizures,penalties and liabilities that may arise from any infringement or
violation of any such law, rule, regulation or order by Lessee or Lessee's employees, or that may
result from the use,possession, operation, maintenance or possession of the Building by Lessee and
from all loss or damage to it while in the custody, control and possession of the Lessee.
13. Lessee will indemnify and save Lessor harmless from any loss, cost or expense of
any sort or nature and from any liability to any person on account of any damage to persons or
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property arising out of any failure of Lessee to substantially comply with and perform any of the
requirements or provisions of this Agreement.
14. Lessee shall not have the right to assign this lease or sublet, rent, or otherwise hire
out, or part with possession of,any part of the Building to any person, firm,partnership, association
or corporation other than Lessor, without the prior written consent of Lessor. Lessor shall have the
right to assign this Agreement, the rentals payable under it, or both. In the event of an assignment
of this Agreement by the Lessor, the assignee shall acquire all rights and remedies possessed by or
available to Lessor.
15. Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid,return receipt requested, or delivered
by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to
the party for whom it is intended at the place specified below. The place for giving notice shall
remain the same as set forth in this Agreement until changed in writing in the manner provided in
this section. For the present, the parties designate the following for purposes of all notices:
Lessee: Mr. Mike Smith
City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
Lessor:Advanced Modular Systems, Inc.
1911 Northwest 15th Street
Pompano Beach, Florida 33069
16. This instrument contains the entire agreement between the parties pertaining to its
subject matter. No agreements. representations or understandings not specifically contained in it
shall be binding upon the parties unless reduced to writing and signed by the parties to be bound.
The terms,covenants,conditions and other provisions of this Agreement may be changed,amended
or modified only by an instrument in writing specifically doing so and signed by the parties to
bound. ANY AMENDMENT, MODIFICATION OR ADDENDUM TO THIS AGREEMENT
MUST BE SIGNED BY THE LESSOR AND THE CITY MANAGER OF LESSEE OR HIS
DESIGNEE TO BE BINDING.
17. If either party defaults in the performance of any of the covenants of this Agreement
and the other party employs the services of any attorney to enforce the performance of the covenants
of this Agreement, then each party agrees to pay its own reasonable attorneys' fees.
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IN WITNESS OF THE FOREGOING, the City has signed this Agreement through its
City Manager and it has been approved as to form by the City Attorney; the Lessor has executed this
Agreement effective as of the day and year first above written.
LESSOR:
ADVANCED MODULAR SYSTEMS, INC.
By:
Print Name:
Its:
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[SIGNATURES CONTINUED ON NEXT PAGE]
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LESSEE:
CITY OF DANIA,
a Florida\Municipal Corporation
By: J
JIM CALI
MAYOR
Dated: 4 1•1 qii /f, A
By: _
MICH W S ITH
CITY IA E
Dated: C6 Ot c 9 ill
ATTE
ARIA JABA E
CITY CLERK-AUDITOR
APPROVED FOR FORM
IAND CORRECTNESS:
BY: I/ -��' A jn
T OM S J. msbiko
CITY ATTORNEY
GAWPFILESMA\DANIAWDVANCED MODULAR.AGMT
04116/98/4
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EXHIBIT "A"
[DESCRIPTION OF BUILDING]
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A
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EXHIBIT "A"
[DESCRIPTION OF BUILDING]
Advanced Modular Sys", Inc. Quotation
1911 1jl.W. 15th street!
PompaWlloach, FL 33DIM
(954)$600550 Fax(g54)96M747
From: Pattl Wilds
Date: 3.18.88
Customer:
City of+Dahia
Attn: Kevin
Phone#: 954-921-87g0ext 209
Fex*'95A-921-2604
Ship to:
Damao;FL
Description
(1)24)c50'mobile office space separated Into two rooms with bathroom.
I )
LEASE TERM: 12 mptrths
MONTHLY LEASE RATE: $450.00 x 12;_ $5400.00
ROUND TRIP FREIGHT: $7a0.00
SET 1 p. !4 Onn nn
w V . .W IVW.VV '
TEAR,DOWN: $600.00
SALE¢TAX OW $D.00
TOTAL JOB COST FOR 12 MONTHS: $9500.00
COMMENTS
Setupoohsists of dry sock bloCK level and tie down on Gross or gravel type surfaces.
This office must be notilled it unit is being set up on concrde or asphalt surfaces
prior to d8livery.
'ALL PERMITS ARE TO BE ACQUIRED$Y THE CUSTOMER
'ALL SITEWORK AND PREPkRATTON IS TO BE DONE BY THE CUSTOMER
'U ILIRY'PREPARATIO�NN Ahh�. WSTALLATION IS CUSTOMER RESPONSIBILITY
5RE':MUST BE ACCEISSIBLrE 13Y1!RUCk
March 18,1998 10:26 AM From: Patti Willis Fax#:954-960.0747 Pape 1 of 1
j Advanced Modular Systems, Inc. Quotation
1911 N.W. 15thStreet
Pompano Beach, FL 33069
(954)960-1550 Fax(954)960-0747
From: Patti Willis
Date: 3-18-98
Customer:
City of Dania
Attn: Kevin
Phone#: 954-921.8700 ext 209
Fax#: 954-921.2604
Ship to:
Dania, FL
Desorption
(1)24'x 50'mobile office space separated into two rooms with bathroom.
LEASE TERM: 12 months
MONTHLY LEASE RATE. $450.00 x 12 = $5400.00
ROUND TRIP FREIGHT: $700.00
SETUP: $1800.00
TEAR DOWN: $600.00
SALES TAX OW $0.00
TOTAL JOB COST FOR 12 MONTHS: $8500.00
COMMENTS
Setup consists of dry stack block, level and tie dawn on grass or gravel type surfaces.
This office must be notified if unit is being set up on concrete or asphalt surfaces
prior to delivery.
'ALL PERMITS ARE TO BE ACQUIRED BY THE CUSTOMER
*ALL SITEWORK AND PREPARATION IS TO BE DONE BY THE CUSTOMER
'UTILITY PREPARATION AND INSTALLATION IS CUSTOMER RESPONSIBILITY
517E MUST BE ACCESSIBLE BY TRUCK
Rc: Qt;�T�lot� c�FutJil- sa�EcS y�� 2>�ucSrE�
MAR-18-1998 11:06 Patti Willis P.01
ZI:ZI Ei66 I—Z0—e3.d
20'd
CE Capital Modular Space Quotation
BRANCH OHM- 0twte No.: 120685
POMPANO BEACH Quota Expires 03/04/1998
3120 D NW 16TERRACE Dare: 02/02/1998
POMPANO BEACH FL 33064 Page No.: 1
Contact JOHN POHLMAN
Phone: 954-972-5629
Fax: 954-975-W94
Customer
CITY OF DANIA
Attn:KEVIN
Phone: 1-954-921-8700xt209
Fax 1-954-921-2604
Our Business Is Helping You Solve Your Space Needs
One Stop Shopping: Steps, Furniture, Ramps, Security Screens, Waiver
"Local Sales and Service Support
• Calendar Month Billing
' National 24 hour Sales and Service Center • No Automatic Cleaning Charges
AMOUNT PERIOD
UNE DESCRIPTION
o01 Lease
Class:MULT Unit: 171480 Unit Length=60', Unit Width=24' 700.00 per month
wide open w/central air!! 12 months 400. 00
BUILDING DELIVERY (0ty:1 at$400.00) 1,650. 00
SET-UP COMPLEX (Oty: 1 at$1.850.00) 400.00
BUILDING RETURN" (Oty: 1 at$400.00) 1,250.00 .
UNBLOCK* (0ty: 1 at$1250.00)
002 Lease
Class:MULT Unit Length=65', Unit Width=28' 12 months 850.00 ;per month
MULTI UNIT 010.00
BUILDING DELIVERY (Oty: 1 at$610.001 2,050.00
SET-UP COMPLEX (Oty: 1 at$2,050.00) 610.00
BUILDING RETURN` (Oty: 1 at$610.00) 1,300.00
UNBLOCK" (OtY:1 at$1,300.00) ;
einodat TaMnetlon
Z0'd h0ce126VS61 Gi b620S1.6bS6 dtiinaoW irJlldUD 39 ad HC=TT 86,E 83J
i
QUOTATION
A Division of The Scotsman Group,Inc.
SCOTSMA,N
Mobile Offices And MOM.
p 782-1500 1400 N . W . 209TH AVENUE
PEMBROKE PINES, FL 33029
(954) 450-9222
FAX (954) 450-9727
ARLON KENNEDY MODELLO PARK
CITY OF DANIA
100 W DANIA BEACH BLVD DANIAW FL 33004
DANIA, FL 33004
( 954) 929-n190 CUSTOMER FAX (954) 929-0780
CUSTOMER PHONE
SALES.REPRESENTATIVE TERMS )ATE
ATE
ZIMMERMAN * O1/21/9B QUOTE GOOD FOR 30 DAYS
DESCRIPTION
MODEL 40 X 24 (36 X 24 BOX SIZE) CLASSROOM (NO BATH) ( IN INVENTORY ) .
STANDARD FEATURES OF WILLIAMS SCOTSMAN VERSUS COMPETITION ;
-MONTHLY BILLING, 12 TIMES PER YEAR VS , 28 DAY BILLING, EQUALING
13 TIMES PER YEAR ,
-PROMPT MAINTENANCE INCLUDED.
-NO CHARGE BACK FOR ' NORMAL" WEAR AND TEAR ,
-NO CLEANING CHARGE FOR UNITS RETURNED BROOM SWEPT .
-CHECK THE LEASE BEFORE YOU ORDER ,
I �
OPTIONS; *OSHA
SSECURITYP R O O
BARSFORWINDOWS/M $40/MONTH .
*FURNITURE AVAILABLE - CALL FOR PRICING .
*20r X 8 ' GROUND LEVEL CONTAINERS $85, 00/MONTH, PLUS FREIGHT
*40r X 8 ' ROAD STORAGE TRAILERS $95. 00/MONTH, PLUS FREIGHT.
BLOCK AND LEVEL INCLUDES TIEDOWN WITH UNIT SET ON DIRT BASE ,
* AERTYOVAJEFUNL� SHE APPROVAL.
PPC PAYMENTS ARE TO
BE MADE IN ADVANCE S OTRWISSEIFIE
The Items described above comprise the Equipment which the Customer desires to lease from The Scotsman Group, Inc. ('Williams Scotsman"). Physical Damage am
Commercial Liability Insurance coverage are required beginning on the date of the Equipment's delivery. Prices quoted below do not Include any local state or federal taxes c
any fees. Permits,footings, steps, site preparation, electrical and plumbing connections are not included in the quoted price unless stated.The prices quoted are effective to
thirty(30)days from the above date,and delivery assumes ready access to site by truck.
25,000- 00 DELIVERY: $375. 00
LEASE
$450 . 00 BLOCK AND LEVEL: $1,800 . 00
LSE RATE: 12 MONTHS KNOCKDOWN: $800 , 00
MINIMUM TERM: RETURN FREIGHT: $375. 00
STEPS: BY OTHERS
* DCA MODULAR CLASSROOM WIHT NO PARTITIONS . CENTRAL A/C, HEAT, LIGHTS,
& RECEPTS .
* CODE STEPS & RAMPS ( BY OTHERS ,
ustomer hereby agrees to the above quoted prices and specifications. Customer further authorizes Williams Scotsman to make appropriate arrangements for the delivery
4f the above described Equipment. Upon delivery, and until a subsequent Lease Agreement Is executed by Wllllams Scotsman (as Lessor) and Customer(as Lessee), the
Standard Williams Scotsman Leasing Terms and Conditions,which are incorporated by reference herein,will govern this transaction. DATE
' USTOMER'
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