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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-141Temp. Reso. #14034 December 13, 2023 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 - )1_�j A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE SITE LEASE AGREEMENT WITH T-MOBILE SOUTH LLC, ATTACHED HERETO AS EXHIBIT 1", EXTENDING THE LEASE TERM FOR FIVE ADDITIONAL AND SUCCESSIVE FIVE YEAR TERMS, COMMENCING ON DECEMBER 1, 2025, AND REDUCING THE ANNUAL LEASE ESCALATION FOR THE CELL TOWER SITE LOCATED AT 7531 N. UNIVERSITY DRIVE 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 November 23, 2005, the City Commission approved R-2005-211, on file with the City Clerk's Office, for a twenty (20) year lease agreement with Omnipoint Holdings, Inc. (dba T-Mobile) for ground and tower space to establish a cellular communications site at a cost of $33,700 per year with a 5% annual escalation; and WHEREAS, the current lease amount for this site is $77,241.02; and Temp. Reso. #14034 December 13, 2023 Page 2 of 4 WHEREAS, the existing lease agreement with T-Mobile South LLC, will expire on November 30, 2025; and WHEREAS, the Lessee is proposing the First 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 Chief Information Officer 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 First Amendment to the 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 First Amendment, with a 3% annual increase commencing on December 1, 2026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 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 First Amendment to the 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 First Amendment, with a 3% annual increase commencing on December Temp. Reso. #14034 December 13, 2023 Page 3 of 4 1, 2026, is hereby approved and the appropriate City Officials are hereby authorized to execute the First Amendment to the 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. #14034 December 13, 2023 Page 4 of 4 PASSED, ADOPTED AND APPROVED this 131 day of December, 2023. ATTEST: KI BERLY D LLON, CMC CITY CLERK /� k- av 7, Tllzl�l I I' -- MICR LLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ: 1-165 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. CITY ATTORNEY txh U& 1- DocuSign Envelope ID: 70172C1D-5AFB-46DF-92CE-2D938D3E4DF3 FIRST AMENDMENT TO THE SITE LEASE AGREEMENT This First Amendment to Site Lease Agreement (the "First 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 Site Lease Agreement dated November 23, 2005, (the "Lease") regarding the leased premises ("Leased Property") located at 7531 N. University Dr., Tamarac, Florida 33321 (the "Property"). For good and valuable consideration, Landlord and Tenant agree as follows: At the expiration of the Lease, November 30, 2025, this First 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. 2. At the commencement of the first Renewal Term provided for in this First Amendment, December 1, 2025, 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 (511) day of each calendar month. Thereafter, notwithstanding anything to the contrary in the Lease, the rent will escalate by 3% on December 1, 2026 and each annual anniversary (December lst) 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 First Amendment. Tenant has no claims to any reduction in rent during anytime, including (without limitation) the period prior to the Effective Date hereof. 3. Notwithstanding anything to the contrary in the Lease and as of the Effective Date of the First 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. 4. 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 Leased Property, at no additional charge, within two (2) business days of contacting Landlord both by phone and by email at support@tamarac.org . When contacting the Landlord during business hours, please call (954) 597-3900. When contacting the Landlord after hours, please call (954) 597-3775. TMO Site ID: 6FB1213C TMO Lease ID: 85869 140730592.1 TMO Signatory Level: L06, SL06 NLG-87835 DocuSign Envelope ID: 70172C1D-5AFB-46DF-92CE-2D938D3E4DF3 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 Leased Property. 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 Leased Property, at no additional charge, but will use best efforts to provide Landlord notice. 5. 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. 6. In the event of termination or expiration of this Lease for any reason, Tenant agrees to remove Tenant's equipment and property from the Leased Property within sixty (60) days of termination or expiration and leave the Property and Leased Property in at least as good condition as when provided to Tenant hereunder. 7. 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 Landlord: If to Tenant: City of Tamarac T-Mobile USA, Inc. 7525 N.W. 88th Avenue 12920 SE 38th Street Tamarac, Florida 33321-2401 Bellevue, WA 98006 ATTN: City Manager Attn: Lease Compliance/ 6FB1213C 8. 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. 9. 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. 2 TMO Site ID: 6FB1213C TMO Lease ID: 85869 140730592.1 TMO Signatory Level: L06, SL06 NLG-87835 DocuSign Envelope ID: 70172C1D-5AFB-46DF-92CE-2D938D3E4DF3 10. 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. 11. 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 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. 3 TMO Site ID: 6FB1213C TMO Lease ID: 85869 140730592.1 TMO Signatory Level: L06, SL06 N LG-87835 DocuSign Envelope ID: 70172C1D-5AFB-46DF-92CE-2D938D3E4DF3 12. 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 13. Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified. To the extent any provision contained in this First Amendment shall control. Each reference in the Lease to itself shall be deemed also to refer to this First Amendment. 14. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this this First Amendment will legally bind the Parties to the same extent as originals. 15. 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 First 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 First 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 First Amendment or any future amendment. 16. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors -in -interest and assigns. 4 TMO Site ID: 6FB1213C TMO Lease ID: 85869 1407 30592.1 TMO Signatory Level: 1-06. SL06 NLG-87835 DocuSign Envelope ID: 70172C 1 D-5AFB-46DF-92CE-2D938D3E4DF3 IN WITNESS, the Parties execute this First Amendment as of the Effective Date. Landlord: CITY IFTAMARA , a da Municipal Corpo ation� By: Print Name: au bC� Title: C1iy M,ANJ4C7115-2— Date: �0- zl!(;j;. 5 TMO Site ID: 6FB1213C TMO Lease ID: 85869 140730592.1 Tenant: T-Mobile South LLC, a Delaware limited liability company By. (Jun�L �avks 27o2e3e7-157 Print Name: Cheryl Downs Title: Sr. Director, Strategy & Planning 10/17/2023 Date: -1- TMO Signatory Level: 1-06. SL06 NLG-87835 DocuSign Envelope ID: 70172C1D-5AFB-46DF-92CE-2D938D3E4DF3 FXHIRIT "A" City of Tamarac Insurance Requirements Tenant agrees to, in the performance of work and services under this 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 6 TMO Site ID: 6FB1213C TMO Lease ID: 85869 140730592.1 Limits Occurrence Aggregate $1,000,000 $1,000,000 $1,000,000 $1,000,000 Statutory 5/21/2021 DocuSign Envelope ID: 70172C 1 D-5AFl3-46DF-92CE-2D938D3E4DF3 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 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 7 TMO Site ID: 6FB1213C 5/21/2021 TMO Lease ID: 85869 1 407 30592.1