HomeMy WebLinkAboutDocumentation_Regular_Tab 7-8_3/8/2001 Memorandum
TO: Michael Couzzo, Village Manager
FROM: Stephen J. Allison, Chief of Police
Subject: Agenda Item — Lease Agreement with Ocean Towers South
Date: March 1, 2001
Attached is a lease agreement with Ocean Towers South Condominium
Apartments for placing fire and police department radio equipment and antennas
on the condominium property
Please place this agreement on the agenda for Council approval on March 8,
2001.
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RESOLUTION NO. 28-00/01
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 EXECUTE 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 RESOLUTION WAS OFFERED BY Councilmember
who moved its adoption. The
motion was seconded by Councilmember
, and upon being put to vote,
the vote was as follows :
FOR ADOPTION AGAINST ADOPTION
r
The Mayor thereupon declared the Resolution duly passed
and adopted this 8th day of March, A.D. , 2001 .
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Coann Manganiello
Village Clerk
Word/Resolutions/Beach Road Agreement
TONESFlagler Center Tower. Suite 1 100 Mailing Address
FOSTER -
05 South Flaaler Drive Post Office Box 3475
Q,JOHNSTON1S11�1 BSA PA. West Palm Beach.Florida 33401 West Palm Beach.Florida 33402-3475
Cx 1 1. Telephone(561) 659-3000 Facsimile(561) 832-1454
Attorneys and Counselors
John C. Randolph, Esquire
Direct Dial: (561)650-0458
E-mail:jrandolph@jones-foster.com
February 26, 2001 VIA FAX: 575-6218
Stephen J. Allison, Chief of Police
Tequesta Police Department
Post Office Box 3273
Tequesta, Florida 33469-0273
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RE: Village of Tequesta
Rooftop Lease Agreement with Ocean Towers South Condominium Apartments
Our File No. 13153.1
Dear Chief Allison:
In response to your request, I have prepared a draft of the Rooftop Lease Agreement between the
Village and Ocean Towers South Condominium Apartments.
Please advise if this meets with your approval.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
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John C. Randolph
JCR/ssm
Enclosure
cc: Michael R. Couz7o, Jr., Village Manager
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FEB.2S.c. l 1 +:34RM JONES FOSTER JOHNSTON & STUKKD
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ROOFTOP LEE G. FFNIE=�'Z'
200I C'ExeClltion Date")
THIS-LEASE is dated and entered into on 1L� apA,RTIsdE��� a condominium
between OCEAN TOWERS SOUTH CONDOMSrnd Florida
-, association( Landlord"),
and the VILLAGE OF TEQUESTA,FLORIDA,DAan incorp
i municipality("Tenant")
leases to Terant the
1. Leased Pro c and Permitted Uses. Landlord hereby
thatportion of the
following premises (hereinafter referred to,
collectively, as the "Property")'
the roof level of the Building as depicted on F� i. i ib�t Asheat attachedd hereto and a 3'x 6'room
$
insu the roof equipment room pursuant to the prop
s elevator having A the property shall mean the building a street address of 100 Beach Road,
As used herein,the"Building" that eertai
Tequesta,Florida 33469, arcel of real property described on Exhibit
and aslocated on that the�ansmission and reception of
C attached hereto(the"Parcel").The Property may be used for(i) air, replacementdreception
and
signals, (ii) the construction, alteratio maintenance, rep and(i s related
communicationrelocation ofe including equipment
of related antennas and facilities,
to any of the foregoing(collectively; "Tenant's Permitted Use").
_ ha3.1'aey commencing 3 0 days
2 Initial Term. The initial terra of tlus:Lease s l. 5: .ears,
Execution Date, which shall be referred to as the."LeaSe Date".The initial term of this
after the Execu of the Lease Daze,
Lease shall expire at midnight on the day before the Sth anniversary entadditional five-
automatically renew for
3. Reaae�valTerm.This Lease shall Landlord in writing of Tenant`s intention not
year terms("Renewal Terms")unless Tenant notifies
to renew this Lease at least 180 days prior to the expiration of the initial term.
premises,however,in consideration
4. Rent.There shall be no rent for the use of the p charge e the Landlord while
of the use of the premises the Tenant shall provide a fire watch Lannodl Landlord's building shall be placed
the Landlord's fire alarm system is being replaced.PlanAdditionally,
as a cnitical structure.
on the Comprehensive Emergency Management
..- Ixn►__ r�erets :A�sS, -- .,. .
_
e
A. Tenant shall have access to the Property to install,construct,maintain,modify and
replace,at its expense,on the premises radio and other'coYnnaurucations transmittingg and receiving
equipment relating thereto (collectively the "Mtenna
antennas, supporting mounts, cables and � submitted to Landlord for Landlord's
Fac
vas").
Tenant will show these alterations on plansapplicable
approval. All work by Tenant shall be performed in compliance with Landlord's rules and apP
laws,
The Antenna Facilities shall remainthe exclusive property of Tenant and Tenant shall
B. time during the term of
have the right to remove all or any portion of the Antenna Facilities at any Tenant willg return the
of this lease, Antenna
this lease and for ninety days thereafter. After terminationTenant in good condition. Any
property and all improvements thereon not removed byof Landlord and Tenant shall have
Facilities not removed by Tenant shall become-the=sole-property
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FES.28.2001 9:34RM JOKES FOSTEK i u1-r l uir voa
. respect -
no further rights, obligations or liabilities with thereto, provided, howeVe:, :pc
Tenant of any or all of
excepted. T.. tic
termination of the lease,the Landlord may require removal by and restoration
premises
of the lease.good condition,reasonable wear and tear
shall survive termination
the Prope. �� �.
C. Landlord shall provide Tenant with reasonable access to may Ye ope. .. `
installation,maintenance and operation of the Antenna Facilities.Landlordalso rec_�i: 'ena;,'
provide 72 hours advance notice of its need to perform
to entering the Building for per,- 'ses c,ferform such work.Landlordmay
to obtain identification badges from. LandlordP
performing such work.
' Lease may be terminated,without any penalty or furhe:'--abili t -
6. Terminataon.Thls _
as follows:
B -Landlord,by giving a one year written notice to Tenant of its intent to terminate
A. y
the lease.
B Tenant,upon giving sixty days written notice of its intent to terminate
B. Y
ues demands and other communications her�'
7. Notices. All notices,re<i � delivered or mailed, certified :.�:i, return
be in writing and shall be deemed given if personally
receipt requested,or sent by overnight carrier to the following addresses:
To Tenant at:
To Landlord at:
Tequesta
Ocean Towers South Condominium ApartmentsPost Village ge offe Box Teque
sta
O
3273
100 Beach Road Tequesta,Florida 33469
Tequesta,Florida 33469 warm;:�that (i)
Landlord covenants and
8. e�iet Eno meet_'Y'itYe and Anfcho�rit� r,-�-�' ��I rights
it has full right, power and authority to execute this Lease and has the power too and clear ri any
good,marketable and unencumbered title to the Property ,
it has$ d�
hereunder;mortgages,
covenants,
a es restriction or other encumbrances that will interfere with Tenant's es i=vitte Use;
liens,t ere g Lease will not violate any laws,ordinances,performance of this binding on Landlord;and,-�')7`=.�'�t
oril) its rxecuoon and p Lease or other agreement
the provisions of any mortgage, and Tenant shall not be disturbed as longasTeaart
shall have the quiet enjoyment of the Property,
is not in default.
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FES.28.2OL 1 9:34AM JONES FOb'tK 1 UNri5 t vi l •x a 1 coo
WHEREFORE,the parties hereby enter into this Lease as of
the date first set forth above:
Signed,sealed and delivered in the LA DLO
presence of:
OCEAN TONERS SOUTB CONDOMINIUM
APARTMENTS
By
Witness Its
------------
Witness
T -
VILLAGE OF TEQUESTA
sy
Witness Its
Witness
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N:\ICR\13153-01\Ocean Towers South Le•WPd
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Tequesta Police & Fire Comunication Systems Relocated to Ocean.Towers South Condo
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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 CopyrightJohnJohnston,Radiotronics,Inc.
- A IV r-asT
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Radio I_ I I Roo, io
Batteries
Radio Room To View
. o , o „ Qoaaeoo9oe ° epoo _ oa000 _ o , eoe , oeso , 000e0000eoe
Radio Room F r- ot View
Radio Roo
Batteries
Raiseo Base
ICOMPANY
Radio conics , Inc .
I TITLE
Tequesta Radios
I SIZE FSCM NO. DWG NO. / FILE NAME
j A TQ-Conolo
ISCALE DATE 3-1-0 1 SHEET
I Not to scale 1 of 1
FE3.28.2001 y: SFd1 JONES FOSTER JOHNSTON S I Utft35
EDIT"C"
- Towers South Condominium Apartments, a Condominium, according
OceanSeptember 26, 1972,in
to the Declaration of Condominium thereof,1424 Publi recordedRecords of Palm Beach
Official Record Book 2060, Page
County, Florida.
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