HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-134Temp. Reso. #13968
November 8, 2023
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - 1 &f
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE REINSTATEMENT AND SECOND
AMENDMENT TO THE COMMUNICATIONS SITE LEASE
AGREEMENT WITH T-MOBILE SOUTH LLC,
EXTENDING THE LEASE TERM AND REDUCING THE
ANNUAL LEASE ESCALATION FOR THE CELL TOWER
SITE LOCATED AT 7801 NW 61ST STREET IN
TAMARAC, FL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER ERRORS PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, on June 26, 2002, the City Commission approved R-2002-173, on file
with the City Clerk's Office, for a twenty (20) year lease agreement with Omnipoint
Holdings, Inc. (dba Voicestream Wireless) for ground and tower space to establish a
cellular communications site at a cost of $27,720 per year with a 5% annual escalation;
and
Temp. Reso. #13968
November 8, 2023
Page 2 of 5
WHEREAS, on September 13, 2006, the City Commission approved the First
Amendment to the lease agreement with T-Mobile South LLC, successor in interest to
Omnipoint Holdings, Inc. (dba Voicestream Wireless), by Resolution R-2006-155, on file
with the City Clerk's Office, to lease additional ground space to install a generator; and
WHEREAS, the current lease amount for this site is $79,215; and
WHEREAS, the existing lease agreement with T-Mobile South LLC, expired on or
about June 25, 2022; and
WHEREAS, the Lessee is proposing the Reinstatement and Second Amendment,
attached hereto as Exhibit 1, authorizing extensions for five (5) additional, five (5) year
terms at a monthly lease amount of $5,800 with a 3% annual increase; and
WHEREAS, the Director of Information Technology recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the business owners, residents, and visitors of the City of Tamarac to
approve and to authorize the appropriate City Officials to execute the Reinstatement and
Second Amendment to the Communications Site Lease Agreement with T-Mobile South,
LLC, to extend the expiration of the existing lease agreement for five (5) additional, five
(5) year terms, at a monthly lease amount of $5,800, commencing on the date of full
execution of this Second Amendment, with a 3% annual increase commencing on
November 12, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THAT:
Temp. Reso. #13968
November 8, 2023
Page 3 of 5
Section 1. The foregoing recitals are true and correct and hereby adopted as
the legislative and administrative findings of the City Commission; all exhibits attached
hereto are incorporated herein and made a specific part of this Resolution.
Section 2. The Reinstatement and Second Amendment to the Communications
Site Lease Agreement with T-Mobile South, LLC to extend the expiration of the existing
lease agreement for five (5) additional, five (5) year terms, at a monthly lease amount of
$5,800, commencing on the date of full execution of this Second Amendment, with a 3%
annual increase commencing on November 12, 2023, is hereby approved and the
appropriate City Officials are hereby authorized to execute the Reinstatement and
Second Amendment to the Communications Site Lease Agreement.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. Any scrivener or typographical errors that do not affect intent of this
Resolution may be corrected with notice to and authorization of the City Attorney and City
Manager without further process.
Section 5. If any clause, section, other part, or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 6. This Resolution shall become effective immediately upon adoption.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Temp. Reso. #13968
November 8, 2023
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PASSED, ADOPTED AND APPROVED this 8tl day of November, 2023.
ATTEST:
KIMBERLY ILLON, CMC
CITY CLERK
MICHELLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ:
DIST 1: V/M. BOLTON
DIST 2: COMM. WRIGHT
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR
THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY.
HANS QTTFN0T
CITY,ATTORNEY
DocuSign Envelope ID: 6475A293-3EF6-4C36-A14E-95F1F2C1B59C
REINSTATEMENT AND SECOND AMENDMENT TO THE COMMUNICATIONS SITE LEASE
A[;RFFMFNT
This Reinstatement and Second Amendment to Communications Site Lease Agreement
(the "Second Amendment") is effective as of the last signature below (the "Effective Date"), by
and between the City of Tamarac, a Florida municipal corporation ("Landlord"), and T-Mobile
South LLC, a Delaware limited liability company (" Tenant") (each a "Party", or collectively, the
"Parties").
Landlord and Tenant (or their predecessors -in -interest) entered into that certain
Communications Site Lease Agreement dated June 26, 2002, including that certain First
Amendment to the Communications Site Lease Agreement dated September 13, 2006 (including
all amendments, collectively, the "Lease") regarding the leased premises ("Premises") located at
7801 N.W. 615t Street, Tamarac, Florida 33321 (the "Property").
The Lease expired on or about June 25, 2022, since which time Tenant has continued to
make all required payments and has remained on the Property, under the terms of the Lease
with Landlord's permission.
For good and valuable consideration, Landlord and Tenant agree as follows:
The Lease is hereby reinstated in its entirety, as amended herein, and is ratified and
affirmed in all respects as if the Lease never expired, other than as may be set forth
specifically herein. The Lease is in full force and effect and neither Landlord nor Tenant is
in breach under the terms of the Lease.
2. This Second Amendment shall extend the Lease for five (5) additional and successive five
(5) year terms, each included as Renewal Term provided that Tenant may elect not to
renew by providing Landlord at least thirty (30) days' notice prior to the expiration of the
then current Renewal Term.
3. On the Effective Date hereof, Tenant shall pay Landlord Sixty -Nine Thousand Six Hundred
and 00/100 Dollars ($69,600.00) per year as rent, partial calendar month to be prorated
in advance, by the fifth (5t") day of each calendar month. Thereafter, notwithstanding
anything to the contrary in the Lease, the rent will escalate by 3% on November 12, 2023
and each annual anniversary (November 1211) thereafter. Where duplicate rent would
occur, a credit shall be taken by Tenant for any prepayment of duplicate rent by Tenant.
Notwithstanding any other provision hereof, the parties hereto agree that no sums are
due and owing from Landlord to Tenant for rent or any other monetary obligation. The
rental amount as set forth hereinabove commences as of the date of full execution of this
Second Amendment. Tenant has no claims to any reduction in rent during any time,
including (without limitation) the period prior to the Effective Date hereof.
1
TMO Site ID: 6FB1206F
TMO Lease ID: 38264
140730592.1
5/21/2021
TMO Signatory Level L06,SL06
NLG-87277
DocuSign Envelope ID: 6475A293-3EF6-4C36-A14E-95F1F2C1B59C
4. Notwithstanding anything to the contrary in the Lease and as of the Effective Date of the
Second Amendment, Tenant may terminate the Lease, upon prior written notice to
Landlord, without further liability, for any or no reason. Any prepaid rent for any time
period after the termination date shall be refunded to Tenant within thirty (30) days of
termination.
5. Section 7D of the Lease is hereby deleted and replaced with the following:
Tenant and its employees, representatives, and agents shall have twenty-four (24) hour
access, seven (7) days per week to the Premises, at no additional charge, within two (2)
business days of contacting Landlord both by phone at (954) 597-3775 and by email at
support@tamarac.org . The notice shall include the intended purpose of the site visit. In
the event the purpose is any extra -hazardous activity, Tenant agrees to obtain additional
insurance as may be required by Landlord and provide evidence thereof to Landlord
before accessing the Property or the Premises. Extra -hazardous activity for these
purposes includes use of a crane or any other heavy or operator -driven equipment or any
other purpose beyond routine maintenance. Should an emergency arise, Tenant and its
employees, representatives, and agents will have twenty-four (24) hour access, seven (7)
days per week to the Premises, at no additional charge, but will use best efforts to provide
Landlord notice.
6. Exhibit "A" hereto contains Landlord's insurance requirements. Tenant acknowledges
receipt of such requirements and represents that Tenant is in compliance with such
requirements and agrees to comport at all times with the terms of Exhibit "A" including,
by example and not limitation, the indemnity contained therein.
7. In the event of termination or expiration of this Lease for any reason, Tenant agrees to
remove Tenant's equipment and property from the Premises within sixty (60) days of
termination or expiration and leave the Property and Premises in at least as good
condition as when provided to Tenant hereunder.
8. All notices, requests, demands and other communications shall be in writing and shall be
deemed to have been delivered upon receipt or refusal to accept delivery, and are
effective only when deposited into the U.S. certified mail, return receipt requested, or
when sent via a nationally recognized courier to the addresses set forth below. Landlord
or Tenant may from time to time designate any other address for this purpose by
providing written notice to the other Party.
If to Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ 6FB1206F
2
TMO Site ID: 6FB1206F
TMO Lease ID: 38264
140730592.1
If to Landlord:
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
ATTN: City Manager
5/21/2021
TMO Signatory Level L06,SL06
NLG-87277
DocuSign Envelope ID: 6475A293-3EF6-4C36-A14E-95F1F2C1B59C
9. Tenant and Landlord will reasonably cooperate with each other's requests to approve permit
applications and other documents related to the Property without additional payment or
consideration.
10. Landlord will execute a Memorandum of Agreement at Tenant's request. If the Property is
encumbered by a deed, mortgage or other security interest, Landlord will also execute a
subordination, non -disturbance and attornment agreement.
11. Scrutinized Companies
In accordance with the requirements of F.S. 287.135 and F.S. 215.473, Tenant certifies that Tenant
is not participating in a boycott of Israel. Tenant further certifies that Tenant is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List,
and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has
Tenant been engaged in business operations in Syria. Subject to limited exceptions provided in state
law, the Landlord will not contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be deemed a material breach of
contract. The Landlord shall provide notice, in writing, to Tenant of the Landlord's determination
concerning the false certification. Tenant shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active contract term,
Tenant shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. If Tenant does not
demonstrate that the Landlord's determination of false certification was made in error then the
Landlord shall have the right to terminate the contract and seek civil remedies pursuant to Section
287.135, Florida Statutes, as amended from time to time.
12. E-Verify
As a condition precedent to entering into this Agreement, and in compliance with Section 448.095,
Fla. Stat., Tenant and its subcontractors shall, register with and use the E-Verify system to verify
work authorization status of all employees hired after January 1, 2021. Tenant shall require each of
its subcontractors to provide Tenant with an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. Tenant shall maintain a copy of
the subcontractor's affidavit as part of and pursuant to the records retention requirements of this
Agreement. Landlord, Tenant, or any subcontractor/subconsultant who has a good faith belief that
a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or
the provisions of this section shall terminate the contract with the person or entity. Landlord, upon
good faith belief that a subcontractor knowingly violated the provisions of this section; but Tenant
otherwise complied, shall promptly notify Tenant and Tenant shall immediately terminate the
contract with the subcontractor. An agreement or contract terminated under the provisions of this
section is not a breach of contract and may not be considered such. Any agreement or contract
termination under the provisions of this section may be challenged pursuant to Section
3
TMO Site ID: 6FB1206F
TMO Lease ID: 38264
140730592.1
S/21/2021
TMO Signatory Level: L06,SL06
NLG-87277
DocuSign Envelope ID: 6475A293-3EF6-4C36-A14E-95F1F2C1B59C
448.095(2)(d), Fla. Stat. Tenant acknowledges that upon termination of this Agreement by the
Landlord for a violation of this section by Tenant, Tenant may not be awarded a public contract for
at least one (1) year. Tenant further acknowledges that Tenant is liable for any additional costs
incurred by the Landlord as a result of termination of any contract for a violation of this section.
Tenant or subcontractor shall insert in any subcontracts the clauses set forth in this section;
requiring the subcontractors to include these clauses in any lower tier subcontracts. Tenant shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in this section.
13. Public Records Custodian
IF THE USER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE USER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
14. Except as expressly set forth in this Second Amendment, the Lease otherwise is unmodified. To the
extent any provision contained in this Second Amendment conflicts with the terms of the Lease, the
terms and provisions of this Second Amendment shall control. Each reference in the Lease to itself
shall be deemed also to refer to this Second Amendment.
15. This Second Amendment may be executed in duplicate counterparts, each of which will be deemed
an original. Signed electronic, scanned, or facsimile copies of this this Second Amendment will legally
bind the Parties to the same extent as originals.
16. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority
to enter into and perform its respective obligations under this Second Amendment. Landlord
represents and warrants to Tenant that the consent or approval of a third party has either been
obtained or is not required with respect to the execution of Second Amendment. If Landlord is
represented by any property manager, broker or any other leasing agent ("Agent"), then (a)
Landlord is solely is responsible for all commission, fees or other payment to Agent and (b) Landlord
shall not impose any fees on Tenant to compensate or reimburse Landlord for the use of Agent,
including any such commissions, fees or other payments arising from negotiating or entering into
this Second Amendment or any future amendment.
4
TMO Site ID: 6FB1206F 5/21/2021
TMO Lease ID: 38264
140730592.1
TMO Signatory Level: L06,SL06
N LG-87277
DocuSign Envelope ID 6475A293-3EF6-4C36-A14E-95F1F2C1859C
17. This Second Amendment will be binding on and inure to the benefit of the Parties herein, their heirs,
executors, administrators, successors -in -interest and assigns.
IN WITNESS, the Parties execute this Second Amendment as of the Effective Date.
Landlord:
CITY OF TAMARAC, a Florida Municipal
Corporation
By:
Print k�: keV&4r QKAC"GGL-1.,
Title: C.cTI MfQNA-E.�/L'
Date:
W ; ESTABLISHED : Q
_ 1963 ; p
=0�'• SEAL 4z-
coU N-�A',.��•
TMO Site ID: 6FB1206F
TMO Lease ID: 38264
140730592.1
Tenant:
T-Mobile South LLC, a Delaware limited
liability company
O.cu9pmO0y:
By: �ewws
Print Name: Cheryl Downs
Title: sr. Director, strategy & Planning
Date: 10/17/2023
—1-
5/21/2021
TMO Signatory Level: L06,SL06
NLG-87277
DocuSign Envelope ID: 6475A293-3EF6-4C36-A14E-95F1F2C1B59C
EXHIBIT "A"
City of Tamarac
Insurance Requirements
Tenant agrees to, in the performance of work and services under this Lease
Agreement, comply with all federal, state, and local laws and regulations now in effect, or
hereinafter enacted during the term of this agreement that are applicable to Tenant, its
employees, agents, or sub Tenants, if any, with respect to the work and services described
herein.
The Insurance and Subrogation section (11.) of the original site lease agreement dated
and any prior insurance and subrogation terms are superseded by this amendment.
Tenant shall obtain at Tenant's expense all necessary insurance in such form and amount as
required by the City's Risk Manager before beginning work under this lease
agreement. Tenant shall maintain such insurance in full force and effect during the life of this
Agreement. Tenant shall provide to the City's Risk Manager certificates of all insurance required
under this section prior to beginning any work under this Agreement and annually, thereafter
The following are required types and minimum limits of insurance coverage, which the Tenant
agrees to maintain during the term of this contract:
Line of Business/ Coverage
Commercial General Liability
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground
Hazard Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability
Workers' Compensation &Employer's Liability
Page 1 of 3
,Ij
TMO Site ID: 6FB1206F
TMO Lease ID: 38264
140730592.1
Limits
Occurrence Aggregate
$1,000,000 $1,000,000
$1,000,000 $1,000,000
Statutory
5/21/2021
TMO Signatory Level 106,SL06
NLG-87277
DocuSign Envelope ID: 6475A293-3EF6-4C36-A14E-95F1F2C1B59C
Any work involving a crane requires a minimum of $5,000,000 aggregate in General Liability
insurance including the City of Tamarac as an additional insured with a waiver of subrogation in
favor of the City of Tamarac.
The City reserves the right to require higher limits depending upon the scope of work
under this Agreement, such change in insurance limits shall require mutual agreement by the
parties by amendment to this agreement.
Neither Tenant nor any agent, contractor or subcontractor of Tenant shall commence
work under this contract until they have obtained all insurance required under this section
and have supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Tenant will ensure that all agents, contractors or
subcontractors of Tenant will comply with the above guidelines and will maintain the
necessary coverages throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
authorized to do business in Florida. "Occurrence" form policies are required.
Each carrier will give the City thirty (30) days notice prior to cancellation.
The Tenant's liability insurance policies shall flange include the City of Tamarac as an
"additional insured". The Tenant's Worker's Compensation carrier will provide a Waiver
of Subrogation to the City.
The Tenant shall be responsible for the payment of all deductibles and self -insured
retentions.
If the Tenant is to provide professional services under this Agreement, the Tenant must
provide the City with evidence of Professional Liability insurance with, at a minimum, a
limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are
acceptable for Professional Liability insurance.
Tenant shall indemnify, defend and save the City harmless from any damage resulting from
failure of either Tenant, agent, contractor or subcontractor of Tenant to obtain or maintain such
insurance.
Page 2 of 3
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TMO Site ID: 6FB1206F 5/21/2021
TMO Lease ID: 38264
140730592.1
DocuSign Envelope ID: 6475A293-3EF6-4C36-A14E-95F1F2C1B59C
ACQ22 CERTIFICATE OF LIABILITY INSURANCE
DATI''
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
TERT BY THE POLICIES L
INSURERS AFFORDING COVERAGE
YOUR COMPANY NAME HERE
�I7RER �
Companies providing coverage
ARlA$R !.
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w�clsmaca
THE POLICES Of INSURANCE LISTED BELOW NAVE BEEN ISSUED TO Tle INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTMETHSTANDMIG
ANY REQUNREMEW TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO WHICH TINS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFOROED BY THE POLICIES DESCRBED HEREIN IS SUBJECT TO ALL THE TERMS. EIfCLUSIOMS AID CONDITIONS OF SUCK
POLICIES. AG6IEGA7E LIMITS SMOitN MAY HAVE BMW REDUCED BY PAID CLAIMS.
III" UNIXAT
00010101Kel5t SEN"A. Lvdwj n
DAAYE MADE ❑ 0..
Must Include General Liability ( oENsoft" l ADV EuuRT
OEMERAL ASOR£SATE
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SAMPLE CERTIFICATE
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Certificate must contain wording similar to what appears below
4 i
City of Tamarac iMDYLD YT THE AtOY£ o1ECIEE® BOOGIE! 1E GINCELLiO NM OA E
TRWWM
7525 NW UM A City Must Be Named as Certificate Holder
Tamarac FL 33321
AUTROWED IIEPREIE*T*Tlvf
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TMO Site ID: 6FB1206F 5/21/2021
TMO Lease ID: 38264
140730592.1