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Home My WebLink AboutDocumentation_Regular_Tab 03_06/14/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: N/A 6/14/12 Consent Agenda: Yes Resolution #: N/A Originating Department: Village Attorney AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Approval of First Addendum to Rooftop Lease Agreement between Ocean Towers South Condominium Association, Inc. and the Village of Tequesta BUDGET / FINANCIAL IMPACT: Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: � -�:ry�� r�� Appropriate Fund Balance: �:��c�ase ar� e*ti.� EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Item approved at May Council Meeting. This is approval of First Addendum to Rooftop Lease Agreement between Ocean Towers South Condominium Association, Inc. and the Village of Tequesta APPROVALS: SIGNATURE: •� , Finance Director Reviewed for Financial Suf,fr'ciency ❑ No Financial Impact [� � Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: � Approve Item: ❑ Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place "Sign Here" sticker on them) Form Amended: 10/20/11 FIRST ADDENDUM ROQFTOP LEASE AGREEMENT THIS FIRST ADDENDUM is made and entered into this day of , 2012, effective immediately upon complete execution by bath parties, by and between the OCEAN TOWERS SOUTH CONDOMINIiJM ASSOCIATION, INC., a Florida non-profit condominium association with offices located at 100 Beach Road, Tequesta, Florida 33469 ("Landlord"), and the VILLAGE OF T'EQiTESTA, Florida, a municipal corporation, with offices located at 345 Tequesta, Drive, Tequesta, Florida 33469 ("Tenant). WITNESSETH THAT WHEREAS, the Landlord and the Tenant made and entered into a Rooftop Lease Agrreement on the 18�' day of April, 2001, hereinafter ca11� the "Agreement"; and WHEREAS, said Agreement provides for the location of certain Tenant antenna systems and structures upon the Landlord's buitding; and WHEREAS, the Tenant desires to add an addition�l antenna system to its existing antenna system; and WHEREAS, the Landlord agrees to allow said additional antenna system to be placed upon its building under the terms contained in this First Addendum, as evidenced by correspondence dated February 14, 2012 from the Landlord's representative to the Tenant's representative, which correspondence is attached hereto as Attachment 1. NOW THEREFORE, in exchange far the mutual covenants and promises contained herein, the receipt and sufficiency of which are acknowledged by the parties, the Agreement is hereby amended as follows: 1: Section 1 of the Agreement is amended by adding the addition�l antenna descriptions and depictions to E�iibit A of the Agreement. The additional antenna descriptions and depictions are attached hereto as Attachment 2. Page 1 of 2 2: This First Addendum shall be attached to the Agreement and shall become a part thereof. All ather sections of the Agreement shall remain in full force and effect as set forth in the Agreement and there shall be no changes to the Agreement with the exception of those items specifically set forth in tlus First Addendum. Further, the parties agree that this First Addendum sha11 be binding upon and shall inure to the benefit of the heirs at law and executors of the Landlord and the Tenant. IN WITNESS WI�REOF, the Ocean Towers South Condominium Association, Inc., and the Village of Tequesta, Florida hereby enter into this First Addendum ta Rooftop Lease Agreement as of the date first set forth above. OCEAN TOWERS SOUTH CONDOMINIiTM ASSOCIATION, INC. Ar�is Marziali, President Witnesses: VII.LAGE OF TEQUESTA Tom Paterno,lVlayor Witnesses: Page 2 of 2 ROOFTOP LEASE AGREEMENT THIS LEASE is dated and entered inta on �-; 1 (� ,2001 ("Executiat� Date") between OCEAN TOWERS SOUTH CONDQ AFARTMENTS, a condaminium association ("'Landlord"), and fhe VILLAGE OF TEQi:JESTA, FLORIDA, an inr�rporated Florida ITIUIIICY�B�Il� �"�'E11SIlt��. 1. Leased Pru,perty und Permitted U�es. Landlord here�y leases to T�nant the foIlowing premises (hereinafter referred to, collec�ively, as the "Property'"): that portion o€ the surface of the mof levei af the Building as depicted on Exhibit A attached hereto and a 3' x 6' room in the property's elevator equipment room pursua�r►t to the proposal attached hereto as Exhib�� . As used herein, the "Building" shall meart the building having a street address af 100 Beach Rc�ad, Tequesta, Florida 33469, and as lc�cated on that certain parcel of real praperty described on E�hibit � ai�tached hereto (the "Parc�l"), The Frvperty rnay be used fox (i� Lhe tran�mission and reception of cammunication signals, (ii) the cons�ruction, alteration, maintenauce, repair replacement and relocation of retated antennas and faciiities, inctuding equipment roam, and (iii) activities related to any of the foregoing {collectively, "Tenant's Peimitted Use"). 2. Initial Ter7n. The initial term of this Lease shall be 5 yeazs, commencing 30 days after the Execution Date, which shall l� refe�rred to as the."Lease Date". The initial term of this Lease shall expire at midnight on the day before the Sth anniversary of the I.ease Date. 3. Ren �val Term. This Lease shall autorna#ically renew for subsequent additional five- yeaz terms ("Renewal Terms") unless Tenant notifies Lansllord in writing of Tenant's intention not to renew this Lease at least 180 days privr to the expiration of the initial term. 4. Rent, There shall be no rent for the use of the premises, howeuer, in consideratian of the use of the premises the Tenant shall provide a fire watch a# no chaz�e t4 the Landlord while the Landlord's fire alarm system is being replaced. Additionaiiy, Landlord's bu'tlding stiall be placed on the Comprehensive Emergency Management Plan as a crit�cal structure. 5. Improvements: Access. A. Tenant shail have ac+cess to the Property to instali, cot�struct, maintain, madify and replace, at i#s expense, an the premises radio and other communications transmitting and receiving antennas, supporting mounts, cabies and equipment relating thereto (collectively the "Antenna Facilities"). Tenant will show these alterations on plans submitted to Landlord for Landlord"s approval. A1I work by Tenant shall � performed in compliance with Landiord's rules and applicable laws. � B. The Antenna Facilities shall remain the exclusive property af Tenant and Tenant shail have the right to remove a11 or any partion af the Antenna Facilities at any time during the term of this lease and for ninety days thereafter. After termination of this lease, Tenant wili � the pro�rty and all imgrovements thereon not removed by Tenant in gaod condition. Any Antenna Facilities not rernoved by Tenant shall become the sole property of Landlord and Tenant shall have � fiu�er rights, obligations or liabilities with nesPe�t thereto, I�+ovi�d, however, that upon tennination of the lease, the Landlord may require removal by Tenaat of any or all of its facilities and restnration of the p�emises to gcwd. cflndition, reasonable w�ear and tear excepted. This se�tion shall survive tern�ination of th� te�se. C. Landlord shall pmvide Tenant with reasonable access to t� Property for the installation, maintenanc� and operation of the Antenna Facilities. Landlord may require Tenaat to provide 72 hours advance natice of its needto perform such work. i.andlord may also require Tenant to obtain ideatification badges from Landlord prior to entering �e Building for purposes of P�o�B s�h v�ork. 6. Tern��ation. This Lea9e may be terminated, without aay pexmtiy or fiuther liability, as follows: A. By Landlord, by �iving a one yeaz written notice to Tenant of its intent to tezminate the Iease. B. By Tena�nt, upon giving sixty days written notice ofits i�tent to terminate the lease. ?. � All notices, requests, deYna�ds a�d othet communications het+euader shall , be in writi�ng aud shali be deem�d given if p�rsonally delive�a. or mailed, certified mail, return receipt requested, or sent by overnight cazrier to the following adc�sses: To Landlord at: To Tenaut at: Ocean To� South Condominium Apartinents Village of Tequesta 14U Beach Ro�d Post Office �x 3273 Teq�sts, Fiorida 334G9 Teqwesta, Florida 33469 S. �a�et EejQyffie��. Tftle a�d A�ritv. Landlord c�venants and �vaaraats that (i) it has full right, power and authority to execute this Lease and has the power to grant all rights hereuader; (ii) it has good, marketable and unencumbered title to the Properiy fiee and clear of any lie�s, mort$a�es, r�ictions �r ot��r ; nncumbrazt�;s that :�ri:1 inter�� ivit�'�'enaat's Per.�:tt�d LT�e; (iii) its execution and performance of this Lease will not violate any laws, ordinances, caven�ts, or the provisions of any �rtgage, Lease or other agreement bir�ling on Landlord; aad (iv) Te�ant shall have t�e quie�t enjoymeat of tl� Property, and Tenant shall not be disturb� as long as Tenant is not in default 2 WHEREFORE, the parti�s hereby enter into this Lease as of the date first set fc�rth abave: Signed, sealed and delivered in the presence of LANDL�RD; OCEAN TOV�ERS SOUTH COM)OMINIUM _7 t�� " , .a - ° - . �a � �. , l � ; ��_ �, .- G'� �� C"-!s.' ::e--f i � $y ._�� .-�- v -n �itrieSS � �� tS ��/ � �� I�1'1 S + L� VILI�AGE O� TEQUESTA T, _.�, _;��` By / Witrtess ` � Tts .'GC � w�m�� .�,c��,�� o��. N:UCR\13153-01lQcean Towers South I,ease.wpd 3 �' X ,�t r4? cr � Tequesta Police & Fir� Cornuni cat�on SYstems Relocated ko Qcean Towers Condo � ' ;i . . .-�ni:y.�_... _lt�n - . " �.. .. . .. . .. _..-.. - S. _... .,� +�;''+�S i � i � . . 1 Radio Roo �� m. Arrtennas on AC iNa(I �, _ k=. � 4 MQ�th Stain�ve1� Room, Seconda + ►Y Antenna �ocation i i � , � ��,� � � � `. P ?:;: t : r ' ' � ' I� �.� �� _ t t , ��_ , � ; � �,�� i � . _ ,�,�� .:�:. + �� e� �`.:__��' �s _ _ k � '� r - . � I r .ia `.. � � . � ' � � l � �� 4 . .- �, � �' ' �I . t�e ' , .... 3 D�rectiona! Arttenna 4 ��``�. �' �� , � , �. H x 6'� . .rr � "-�" � Pi . . 1 - " � . < '��M�Fat`� ��4�.,, �;� , ,, 4 „ � ,uni i_��n�naht_�-�tr r�hr�/18W Of 7'BC�U@Sf7 ffOry� � �� ,,��. 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