HomeMy WebLinkAboutResolution_28-00/01_04/12/2001 (2)i
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RESOLUTION NO. 28-00/O1
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A LEASE AGREEMENT WITH OCEAN TOWERS
SOUTH CONDOMINIUM, 100 BEACH ROAD, TEQUESTA,
FLORIDA, FOR THE PLACEMENT OF FIRE AND POLICE
DEPARTMENT RADIO COMMUNICATIONS EQUIPMENT AND
ANTENNAS AT OCEAN TOWERS SOUTH CONDOMINIUM, AND
AUTHORIZING THE VILLAGE MANAGER TO E%ECUTE THE
APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The proposed lease agreement with Ocean
Towers South Condominium Apartments of Tequesta, Florida,
for the placement of Fire and Police Department radio
communications equipment and antennas at Ocean Towers
South Condominium, attached hereto as Exhibit "A" and
incorporated by reference as part of the Resolution, is
hereby approved.
THE FOREGOING RESOLU'T'ION WAS
von Frank who
motion was seconded
na 7 a cJc and
the vote was as follows:
OFFERED BY Councilmember
moved its adoption. The
by Councilmember
upon being put to vote,
FOR ADOPTION
Geraldine ~, Genco
Joseph N, Capretta
Shaxon D. Walker
Basil E, Dalack
Russell J. von Frank
AGAINST ADOPTION
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The Mayor thereupon declared the Resolution duly passed
and adopted this 12th day of April, A.D., 2001.
MAYOR OF TEQUESTA
~t,~--cam
ine A. o
ATTEST:
~-/1~
tty La'ur
ling Village Clerk
Road Agreement
ROOFTOP LEASE AGREEMENT
THIS LEASE is dated and entered into on /~ a r; 1 ~ ~ ,2001 ("Execution Date")
between OCEAN TOWERS SOUTH CONDOMINIUM APARTMENTS, a condominium
association ("Landlord"), and the VILLAGE OF TEQUESTA, FLORIDA, an incorporated Florida
municipality ("Tenant").
1. Leased Property and Permitted Uses. Landlord hereby leases to Tenant the
following premises (hereinafter referred to, collectively, as the "Property"): that portion of the
surface of the roof level of the Building as depicted on Exhibit A attached hereto and a 3' x 6' room
in the property's elevator equipment room pursuant to the proposal attached hereto as Exhibit B .
As used herein, the "Building" shall mean the building having a street address of 100 Beach Road,
Tequesta, Florida 33469, and as located on that certain parcel of real property described on Exhibit
C attached hereto (the "Parcel"). The Property may be used for (i) the transmission and reception of
communication signals, (ii) the construction, alteration, maintenance, repair, replacement and
relocation of related antennas and facilities, including equipment room, and (iii) activities related
to any of the foregoing (collectively, "Tenant's Permitted Use").
2. Initial Term. The initial term of this Lease shall be 5 years, commencing 30 days
after the Execution Date, which shall be referred to as the."Lease Date". The initial term of this
Lease shall expire at midnight on the day before the 5th anniversary of the Lease Date.
• 3. Renewal Term. This Lease shall automatically renew for subsequent additional five-
yearterms ("Renewal Terms") unless Tenant notifies Landlord in writing of Tenant's intention not
to renew this Lease at least 180 days prior to the expiration of the initial term.
4. Rent. There shall be no rent for the use of the premises, however, in consideration
of the use of the premises the Tenant shall provide a fire watch at no charge to the Landlord while
the Landlord's fire alarm system is being replaced. Additionally, Landlord's building shall be placed
on the Comprehensive Emergency Management Plan as a critical structure.
5. Improvements; Access.
A. Tenant shall have access to the Property to install, construct, maintain, modify and
replace, at its expense, on the premises radio and other communications transmitting and receiving
antennas, supporting mounts, cables and equipment relating thereto (collectively the "Antenna
Facilities"). Tenant will show these alterations on plans submitted to Landlord for Landlord's
approval. All work by Tenant shall be performed in compliance with Landlord's rules and applicable
laws.
B. The Antenna Facilities shall remain the exclusive properiyof Tenantand Tenant shall
have the right to remove all or any portion of the Antenna Facilities at any time during the term of
this lease and for ninety days thereafter. After termination of this lease, Tenant will return the
• property and all improvements thereon not removed by Tenant in good condition. Any Antenna
Facilities not removed by Tenant shall become the sole property of Landlord and Tenant shall have
no further rights, obligations or liabilities with respect thereto, provided, however, that upon
termination of the lease, the Landlord may require removal by Tenant of any or all of its facilities
and restoration of the premises to good condition, reasonable wear and tear excepted. This section
shall survive termination of the lease.
C. Landlord shall provide Tenant with reasonable access to the Property for the
installation, maintenance and operation of the Antenna Facilities. Landlord may require Tenant to
provide 72 hours advance notice of its need to perform such work. Landlord may also require Tenant
to obtain identification badges from Landlord prior to entering the Building for purposes of
performing such work.
6. Termination. This Lease may be terminated, without any penalty or further liability,
as follows:
A. By Landlord, by giving a one year written notice to Tenant of its intent to terminate
the lease.
B. By Tenant, upon giving sixty days written notice of its intent to terminate the lease.
7. Notices. All notices, requests, demands and other communications hereunder shall
be in writing and shall be deemed given if personally delivered or mailed, certified mail, return
receipt requested, or sent by overnight carrier to the following addresses:
• To Landlord at: To Tenant at:
Ocean Towers South Condominium Apartments Village of Tequesta
100 Beach Road Post Office Box 3273
Tequesta, Florida 33469 Tequesta, Florida 33469
8. 4uiet Enjoyment. Title and Authority Landlord covenants and warrants that (i)
it has full right, power and authority to execute this Lease and has the power to grant all rights
hereunder; (ii) it has good, marketable and unencumbered title to the Property free and clear of any
iieiiS, mortg&ges r~hiriL't1i?Il5 :3" fDtti° ~ '', ` ~ ti.• 4 v 11 ~«.+o,-fP-~~ '~L, '1' +~., Dop~..-,;~-kid T T-.
, ~ iavr v11c.L.Ii~ula:lv~.J u1cZl ~~~~ ~~ttc.~...i~. ~'r'itia • eilaiZ~ ~, ~.:~..~~., v;,e;
(iii) its execution and performance of this Lease will not violate any laws, ordinances, covenants,
or the provisions of any mortgage, Lease or other agreement binding on Landlord; and (iv) Tenant
shall have the quiet enjoyment of the Property, and Tenant shall not be disturbed as long as Tenant
is not in default.
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• WHEREFORE, the parties hereby enter into this Lease as of the date first set forth above:
Signed, sealed and delivered in the
presence of:
,.-~
~~
~~ ~
Witness
LANDLORD:
OCEAN TOWERS SOUTH_ CONDOMINIUM
APARTMENTS - ~
. ~.,
..
Y -~
Its ~ G' ~=Jr L'am' l~
itnea~s
1~'~_~t :rte:. ~,~:~~ ,_~ ~J
Witness `
TENANT:
VILLAGE OF TEQUESTA
By
~~~3-~~-,~ ~~ Its
• Witness
N:\JCR\13153-01\Ocean Towers South Lease.wpd
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Tequesta Police & Fire Comunication Systems Relocated to Ocean Towers Condo
1 Radio Room, Antennas on AC Wall 2 North Stairwell Room, Secondary Antenna Location
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3 Directional Antenna 4'H x 6'W 4 View of Tequesta from Condo Roof
Site Digital Pictures Taken on February 1, 2001 Copyright John Johnston, Radiotronics, Inc.
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Radio
Batteries
Radio Room Top View
Ra010 Room ~ror~t View
Radio Ra~'io
Batteries
RaiseO Base
COMPANY
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TITLE ~ ~ ~.II ~
SIZE
A ESCM NG. DWG NO. / FILE NAME
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SCALE
Not to scale DATE
3 1- ~ 1 SHEET
1 of 1
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EXHIBIT "C"
Ocean Towers South Condominium Apartments, a Condominium, according
to the Declaration of Condominium thereof, recorded September 26, 1972, in
Official Record Book 2060, Page 1424, Public Records of Palm Beach
County, Florida.
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N:UCR\ 13153-01\Legal -Rooftop Lease.wpd
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