2000-065 RESOLUTION NO. 2000-65
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED LEASE
AGREEMENT WITH 2000 ISLAND BOULEVARD
CONDOMINIUM ASSOCIATION, INC. FOR THE
INSTALLATION OF POLICE RADIO FACILITIES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
.Section 1. The City Manager is hereby authorized to execute the attached
Lease Agreement with 2000 Island Boulevard Condominium Association, Inc. for the
installation of police radio facilities on real property located at 2000 Island Boulevard.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Beskin, who moved its
adoption. The motion was seconded by Commissioner Berger, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg no
Commissioner Patricia Rogers-Libert yes
Commissioner Jeffrey M. Perlow yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
Resolution No. 2000-65
Page 2
PASSED AND ADOPTED this 24th day of October, 2000.
APPROVED AS TO LEGAL SUFFICIENCY:
CIT~ A~O R N~Y
LEASE AGREENIEN~T
This LEASE AGREENIENT is made this _ day of November, 2000 between 2000
ISLAND BOULEVARD CONDOMINIUM ASSOCIATION, 1NC., a Florida non-profit
corporation, whose address is 2000 Island Boul~'ard, Williams Island, Florida 33160 (hereinafter
referred to as LESSOR), and the ~ OF AVENTURA, a Florida municipality, whose address is
2999 N.E 191 Street, Suite 500, Aventura, Florida 33180 (hereinafter referred to as TENANT).
1. LESSOR is the owner of certain real property and the building located at 2000 Island
Boulevard, Williams Island, Florida 33160 (the "Building"). LESSOR hereby leases to TENANT that
area consisting of approximately twenty-five (25) square feet of space within the Building (hereinafter
the "Building Space") and certain positions on the roof` of the Building (b. erelnaffer the "Rooftop
Space"), for the installation of radio facilities, as more particularly described in Paragraph lA
hereinbelow and as shown on Exhibit"A" attached hereto and made a part hereof` The Building Space
and the Rooftop Space are hereinafter collectively referred to as the "Lease Premises." The easement
over the area described as the Lease Premises shall be non-exclusive. Further, TENANT, its agents,
employees and COntractors shall have the non-exclusive right to ingress and egress to the Building and
Rooftop Space Monday through Friday, 8:30 AM to 4:00 PM, excluding major holidays, except that
TENANT shall have access to the Lease Premises only for emergency repair twenty-four (24) hours a
day, seven (7) days a week, subject to reasonable rules and regulations adopted by the Lessor, for the
installation, maintenance, and operation of the following radio facilities:
A. Radio Facilities, including equipment and antennas, to be installed orr the
Building, as more particularly shown on Exhibit "A" attached hereto. The radio facilities include, but
are not limited to the following: (1) Equipment and air conditioning system on approximately twenty-
five (25) square feet of space located on the 21a floor of the Building; (2) Cable or transmission lines
shaLl nm between the Rooftop Space and the radio equipment located within the Building Space; and
(3) Antennas and equipment on thc Rooftop Space. The antennas may be mounted at a sufficient
height on the Rooftop Space now or in the future so that the signals transmitted and received thereby
will not be impeded by the Building or any other structures mounted thereon.
B. TENANT may make such alterations or modifications to the Building Space
and Rooftop Space as are necessary for the installation and operation of its radio facilities, subject to
the prior written approval of LESSOR, which approval shall not be unreasonably withheld or delayed.
Prior to commencement of any alteration, TENANT shall submit plans of the proposed alteration to
LESSOR for its approval. LESSOR shall have thirW (30) days after receipt of Tenant's plans to review
and approve same. Failure on the part of the LESSOR to notify TENANT within the thirty (30) day
period shall COnstitute a wavier of LESSOR'S rights hereunder and the plans shall be deemed
approved. Further, there shall be no disturbance of'any Willlamn Island resident therein. Any damage
to the Building and Rooftop Space as a result of such alterations or modiftcafion shall be restored by
TENANT to the original condition at TENANT's sole expense.
Said alterations made by Tenant shall be performed in a workmanlike manner
and done so that no mechanics', laborers' or materialmen's liens will be permitted on the Building. Upon
the termination of tbs Lease, TENANI ~ remove all of its equipment fi-om the Bu/lding.
C. TENANT agrees to install radio equipment ora type and frequency which will
not cause material interference with existing Unit Owners and tenants of the Building at the time of
such installation. In the event TENANT'S equipment causes material interference, TENANT will take
all steps necessary to correct and eliminate such interference at its sole cost. LESSOR agrees not to
allow any U~t Owner's or tenant's use of the roof of the Building or permit additions and/or
modifications to any current Unit Owner's or tenant's use of the roof to cause interference with or
cause the improper operation of TENANT'S facilities and equipment. LESSOR further agrees not to
lease any portion of the roof or the Building for placement of any other radio or cellular
communication facilities which may interfere with TENANTS use of the Lease Premises.
D. LESSOR shall cooperate with TENANT in TENANT'S effort to obtain utility
services for the operation of its facilities by signing such documents or easements as may be required by
utility companies. LESSOR shall furnish the Lease Premises with electric service sufficient for the
operation of TENANT'S facilities and equipment at TENANT'S sole cost and expense. Any change in
existing electrical facilities required to meet the needs of TENANT'S equipment shall be made with
LESSOR'S prior written approval and at TENANT'S expense. Any special electrical lines, conduit,
circuit breaker switches or other electrical facilities located within the Building shall be installed by a
qualified electrical contractor of iENANTS choice and at TENANT'S sole expense.
E. i,ENANT shall have the right to install, at its sole expense, supplementary air
conditioning equipment in order to provide air conditioning on a twenty-four (24) hour a day, seven (7)
days per we~ basis, mbject to the terms herein, and the written approval of LESSOR and LESSOR'S
maintenance company. Should TENANT so desire, LESSOR shall provide space on the roof of the
Building for TENANT'S supplemental air conditioning components.
F. TENANT agrees that all finish work and any construction expense related to
the installation oflENANT'S radio facilities will be at TENANT'S expense. TENANT further agrees
that any damage which occurs as a result of the installation or maintenance of the radio facilities shall
be repaired at TENANT'S sole cost and expense.
2. This Lease shall be for an initial term of five (5) years (the "Initial Term") beginning on
the date TENANT obtains all building permits and required approvals for its facilities (the '~Effective
Date"). The non-refundable rent for the Initial Term shall be Twenty Five Thousand and No/100
Dollars ($25,000.00), to be paid in a lump sum payment upon execution of this Lease by LESSOR and
TENA~XFr. TENANT shall have the option to renew this Lease for four (4) additional five (5) year
terms (the "Renewal Terms"), and tach renewals shall automafica~y occur unless TENANT gives
LESSOR written notice of its intention not to renew the Lease at least 90 days prior to the end of the
current term. Ire renewal cost for further five (5) year terms will be based on the initial five (5) year
lease cost of $25,000.00, to be non-refundable, plus an increase equal to the percentage increase of the
building maintenance charge applied to each unit owner within the Building.
2
3. LESSOR also grants to TENANT the right to survey the Lease Premises and the legal
description on the survey shall then become Exhibit "B" to this Lease, which shall be attached hereto
and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "A"
LESSOR grants TENANT the right to take measurements, make calculations, and to note other
structures, setbacks, uses, or other information as deemed by TENANT to be relevant and pertinent as
such information relates to the Lease Premises. The cost of such survey work shall be bome by
TENANT.
4. TENANT shall use the Building Space and Rooftop Space for the purpose of
constructing, maintaining and operating a Radio Communications Facility and uses incidental thereto,
consist'rog of the mounting of antennas on the Rooftop Space and the placement of equipment in the
Building Space. All improvements shall be at TENANT'S expense. TENANT will maintain the
Rooftop Space and the Building Space in a reasonable condition. It is understood and agreed that
TENANT'S ability to use the Rooftop Space and Building Space is contingent upon its obtaining, after
the execution date of this Lease all of the certificates, permits and other approvals that may be required
by any federal, state or local authorities. LESSOR shall cooperate with TENANT in its effort to obtain
such approvals and shall take no action which would adversely affect the status of the Rooftop Space
and Building Space with respect to the proposed use thereof by TENANT. In the event that any of
such applications should be finally rejected or radio frequency tests are found to be unsatisfactory or
any certificate, permit, license or approval issued to TENANT is canceled, expires, lapses or is
otherwise withdrawn or terminated by governmental authority so that TENANT, in its sole discretion,
will be unable to use the Building Space and Rooftop Space for its intended purposes, TENANT shall
have the right to terminate this Lease. Notice of the TENANT'S exercise of its right to terminate shall
be given to LESSOR in wrifmg by certified mail, return receipt requested, and shall be effective upon
receipt of such notice by the LESSOR as evidenced by the return receipt.
Any material damage or interference which has resulted from constructing, maintaining and
operating the radio communications fac'flity, transmittal of radio signals, or any use incidental thereto,
including but not limited to airwave interference, damage to the telephone circuitry, damage to the
electrical wiring, damage to any antenna, interference with any Williams Island resident's telephone,
satellite or television reception, damage to the Rooftop, pip'rog or cables, shall be corrected at the sole
expense of the TENANT. Upon be'rog given written notice by LESSOR, TENANT shall have ten (10)
calendar days to commence repairs and/or correct any damage or interference as outlined herein.
Should TENANT fail to commence repairs and/or correct the interference within the time permitted,
same shall constitute a default under the Lease Agreement.
5. To the full extent permissible by law, TENANT shall indemnify and hold LESSOR
harmless against any claims of liability or loss from personal injury or property damage resulting from
or arising out of the use and occupancy of the Building Space and Rooftop Space by the TENANT,
excepting, however, such claims or damages as may be due to or caused by the willfulness conduct or
gross negligent acts of the LESSOR, or its servants, agents, employees, contractors, or Unit Owners,
tenants or occupants of the Building.
6. LESSOR agrees that TENANT may self-insure against any loss or damage which
could be covered by a comprehensive general public liability insurance policy. LESSOR and TENANT
agree that the insurance policy limits currently held by TENANT under the Florida Municipal
3
Insurance Trust (the "Trust"), as evidenced in Exhibit "B" attached hereto, shall be maintained, at
TENANT'S expense, during the term of this Agreement.
7. TENANT shall be responsible for making any necessary returns for and paying any and
all Building taxes separately levied or assessed against its fadlities on the Building.
8. TENANT upon termination of this Lease, shall, by the end of the tenancy her~n,
remove its equipment and facilities from the Building Space and Rooftop Space.
9. LESSOR covenants that TENANT shall peaceably and quietly have, hold and enjoy
the Lease Premises.
10. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to
the real property and Building and has full authority to enter into and execute this Lease. Lessor
further covenants and represents to TENANT that it has obtained all approvals required by the
Declaration of Condominium, and all amendments thereto, Articles of Incorporation, Bylaws and Rules
and Regulations of the 2000 Island Boulevard Condominium and the Williams Island Property
Associations, and will provide TENANT with a duly executed and authorized Resolution of its Board
setting forth these approvals. LESSOR further covenants that there are no liens, judgments,
restrictions, or impediments to title of the Building and lease of the Lease Premises to TENANT.
11. LESSOR represents and warrants that the Building is in material compliance with all
laws, ordinances, notices, orders, roles, regulations and requirements of any and all federal, state, or
municipal governments or the appropriate departments, commissions, boards and offices thereof, as
well as any and all notices, orders, rules and regulations of the National Board of Fire Underwriters, or
any other body exercising similar functions relafmg to all or part of the Building.
12. This Lease and the performance thereof shall be governed, interpreted, construed and
regulated by the laws of the State of Florida.
13. This Lease may not be sold, assigned or transferred at any time without the written
consent of the LESSOR, which consent may be withheld ~adthin LESSOR'S sole and absolute
discretion. TENANT may not sublease this Lease, except as otherwise provided herein.
14. All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested, addressed as follows (or any other address that the party to be
notified may have designated to the sender by like notice):
LESSOR:
2000 Island Boulevard
Condominium Association, Inc.
Attn: President of Board
4
City of Aventura
2999 N.E. 191 Street
Suite 500
Aventura, Florida 33180
Attn: Mr. Eric M. Soroka, City Manager
15. This Lease shall extend to and bind the heirs, personal representatives, successors and
assigns of the parties hereto.
16. At LESSOR'S option, this Lease shall be subordinate to any mortgage by LESSOR
which from time to time may encumber all or part of the Building, provided, however, evepy such
mortgage shall recognize the validity of this Lease in the event of a foreclosure of LESSOR'S interest
and also TENANT'S fight to remain in occupancy of and have access to the Lease Premises.
TENANT shall execute whatever instrmnents may reasonably be required to evidence this
subordination clause. In the event the Building is encumbered by a mortgage, the LESSOR, no later
than thirty (30) days after this Lease is executed shall have obtained and fumished to TENANT a Non-
Disturbance instrument in recordable form for each such mortgage.
17. If the whole of the Building or such portion thereof as will make the Building unusable
for the purposes herein leased, are condenmed by any legally constituted authority for any public use or
purpose, then in either of said events the term hereby granted shall cease from time to time when
possession thereof is taken by public authorities, and rental shall be accounted for as between LESSOR
and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and
obligations of LESSOR and TENANT hereunder. Nothing in this provision shall be construed to limit
or affect TENANT'S right to an award of compensation of any eminent domain proceeding for the
taking of TENANT'S leasehold interest hereunder.
18. TENANT shall have the right to co-locate on the Lease Premises the City of North
Miami Beach, for public purposes. Co-location by any other agency or provider shall require the
written approval of the LESSOR, which approval may be withheld or delayed within LESSOR'S sole
and absolute discretion. TENANT shall submit plans of the proposed co-location to LESSOR for its
written approval. LESSOR shall have thirty (30) days at~er receipt of TENANTS plans to review and
approve same. Failure on the part of LESSOR to notif~ TENANT in writing within the thirty (30) day
period shall constitute a waiver of LESSOR'S rights of approval and the plans shall be deemed
approved.
19. If LESSOR needs to repair or replace the roof for any reason, TENANT shall, upon
LESSOR'S demand, move and re-locate any equipment therein at its sole expense.
20. In connection with any litigation arising out of this Lease, the prevailing party, whether
LESSOR or TENANT, shall be entitled to recover all reasonable costs incurred including reasonable
attomey's fees for services rendered in connection with any enforcement or breach of contract,
including appellate proceedings and post judgment proceedings.
In accordance with Florida Law, the following statement is hereby made:
RADON GAS: Radon is a natural occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time· Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public heath unit.
21. LESSOR shall hold TENANT harmless from and indemnify TENANT against and
from any damage, loss, expenses or liability resulting from the discovexy by any person of hazardous
substances generated, stored, disposed of, or transported to or over the Building, as long as such
substance was not stored, disposed of, or transported to or over the Building by TENANT, its agents,
contractors, employees, or invitees. TENANT shall hold LESSOR harmless from and indemnify
LESSOR against and from any damage, loss, expenses or liability resulting from the installation,
constructing, maintaining and operating the radio communications facility and any use incidental
thereto.
23. LESSOR shall permit TENANT to utilize LESSOR'S existing generator on the
Building to provide back-up power to the TENANT'S Facilities.
25. This Lease shall be executed in three (3) counterparts, each of which shall be deemed
an original, and such counterparts shall constitute but one and the same Lease.
LESSOR:
2000 ISLAND BOULEVARD
CONDOMINIUM ASSOCIATION, INC.,
a Florida non-pr~ofit corporation
/' . ~/' Title: President
Title: Secret~
6
TEN ANT:
CITY OF AVENTURA,
iil°rid~~corp°rati°n~_~
Eric M. Soroka~,.~Tnager
ATTEST:
Teres~.~ Soroka C~/AAEt Cit~ Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Atto/ney
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this l~i ~day of November, 2000,
by !' :.,. ~, i.. i, as President of 2000 ISLAND BOULEVARD
CONDOMINIUM ASSOCIATION, INC., A Florida non-profit corporation, on its behalf, who
(check one) [ .]'is personally known to me or [ :] has produced a · drivers license as
identification.
NO~K~ Pt)m.ic, State of v~.~ ~,. ~ ~,~.
My Commission Expires: Print Name: ~' .. ~, ~ i '~ ,~,~ ~ cc~?~
[Additional notary acknowledgments on following page]
7
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ! ~lay of November, 2000,
by .~ ~._ ( ~/ as Secretary of 2000 ISLAND BOULEVARD
CONDOMINIUM A~SOCIATION, INC., a Florida non-profit corporation, on its behalf, who
(check one) [ ] is personally known to me or [ ] has produced a drivers license as
identification.
/
NOTARY PLIBLIC, State of Florida
My Commission Expires: Print Name: [; :;,~,~ ~.,' :'ri~ I
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ,'i) day of November, 2000,
by ERIC M. SOROKA, City Manager and TERESA M. SOROKA, CMC/AAE, City Clerk
of the CITY OF AVENTURA, a Florida municipal corporation, on its behalf, who (check one)
[ ] is personally known to me or [ ] has produced a drivers license as identification.
NOTARY PUBLIC, State of Florida
My Commission Expires: Print Name: ,, ~ ,: '~ ~,
~-' Bonded Thru
~r~' Aflantio Boning ~., lno.
328001~e ~n~t - 2000 ~ Blv&