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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-020Temp. Reso # 12922 March 9, 2017 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017- c2O 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 LEASE AGREEMENT WITH VL BLDG. WEST DBA RAMADA PLAZA EXTENDING THE LEASE TERM FOR THE CITY'S 800 MHz RADIO ANTENNA SITE LOCATED AT 5100 N. STATE ROAD 7, FORT LAUDERDALE, FL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 8, 2002, The City Commission approved R2002-120 attached hereto as Exhibit 1 for a fifteen (15) year lease agreement with VL Bldg. DBA Ramada Plaza (Ramada Plaza), for rooftop space to establish an 800 MHz radio antenna site at a cost of $60 per month; and WHEREAS, the existing lease agreement with Ramada Plaza will expire on May 7, 201 T and WHEREAS, The Lessor is proposing Amendment 1 attached hereto as Exhibit 2 allowing automatic extension of the lease term for four (4) additional five (5) year terms, for a total extension of twenty (20) years, at an annual lease amount of $720; and WHEREAS, Director of Information Technology recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve and to authorize Temp. Reso # 12922 March 9, 2017 Page 2 the appropriate City Officials to execute Amendment 1 to Lease Agreement with Ramada Plaza to amend the expiration of the existing lease agreement and extend automatically for four (4) additional five (5) year terms, for a total extension of twenty (20) years, at an annual lease amount of $720. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits referenced herein are incorporated and made a specific part of this resolution. SECTION 2: Amendment 1 to the Lease Agreement with Ramada Plaza to amend the expiration of the existing lease agreement and extend automatically for four (4) additional five (5) year terms, for a total of twenty (20) years, at an annual lease amount of $720 is hereby approved and the appropriate City Officials are hereby authorized to execute Amendment 1. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. Temp. Reso # 12922 March 9, 2017 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. 4 �t PASSED, ADOPTED AND APPROVED this � day of ! l� , 2017. ATTEST: CITY CLERK E I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA U E L S. GO Ftt N CITY ATTORNEY I -A HARRY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ ,f DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO � 1 CITY OF T RESOLUTI A RESOLUTION OF 1 CITY OF TAMARAC, APPROPRIATE CITY LEASE AGREEMENT RAMADA PLAZA RE; ON THE RAMADA P THE CITY'S RADIO C A PERIOD OF FIVE FIVE YEAR RENEWA PER MONTH; PF PROVIDING FOR SE FOR AN EFFECTIVE I WHEREAS, since 1989, the the Ramada Plaza Resort building to provide radio communications WHEREAS, the lease Temp. Reso. #9763 April 16, 2002 Page 1 , FLORIDA NO. R-2002-120 iE CITY COMMISSION OF THE FLORIDA, AUTHORIZING THE OFFICIALS TO EXECUTE A VITH VL BUILDING WEST DBA ORT FOR AN ANTENNA SITE AZA RESORT BUILDING FOR )MMUNICATION SYSTEM FOR BARS WITH TWO ADDITIONAL OPTIONS AT A COST OF $60 )VIDING FOR CONFLICTS; /ERABILITY; AND PROVIDING fkTE. has maintained an antenna on the roof of part of the FCC's license requirements and e in the area; and ent for the antenna site has expired; and WHEREAS, the property is now owned and operated by VL Building West DBA Ramada Plaza Resort; and WHEREAS, it is the recommIndation of the Director of Information Technology to execute the lease agrl ement with VL Building West DBA Ramada Plaza Resort to maintain the City's FCC license and radio communication system; and WHEREAS, the City Commis0ion of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to Temp. Reso. #9763 April 16, 2002 Page 2 execute the lease with VL Building West DBA Ramada Plaza Resort to maintain the City's FCC license and radio communication system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to execute the lease agreement with VL Building West DBA Ramada Plaza Resort to maintain the City's FCC license and radio communication system for a term of five (5) years with two (2) additional five (5) year renewal options at a cost of $60 per month with a maximum of 10% increase during the entire lease period, attached hereto as Exhibit 1. SECTION 3: All resolutions or parts of resolutions in cAflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. 1 Temp. Reso. #9763 April 16, 2002 Page 3 SECTION 5: This Resolution hall become effective immediately upon its passage and adoption. f PASSED, ADOPTED, AND AIPPROVED this 8t" day of May, 2002. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARL09 S ENSON, CMC CITY CLERK MAYOR SCHREIBER fly& DIST 1: VIM. PORTNER Ael DIST 2: COMM. MISHKIN Excv4e& I HEREBY CERTIFY that I ! DIST 3: COMM. SULTANOF r y& have approved this DIST 4: COMM. ROBERTS Ax., S LUTION as to form. i MITCHELLA. KRIF,Y CITY ATTORNET 1 LEASEIAGREEMENT THIS LEASE AGREEMENT, made and entered in this qs day of M (V , 20D2, by and between the City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to as " ITY" and VL Bldg. West DBA Ramada Plaza Resort, located at 5100 N. State Road 7, Fort Lauderdale, Florida 33319, hereinafter referred to as "RAMADA". W11INESSETH WHEREAS, the City Commissior of the City of Tamarac determines that it is in the public interest to lease space from F AMADA, to be used by CITY for the installation of communication antennas, and equiprr ent pertaining thereto, and WHEREAS, an efficient co mmu ication system is a vital part of the services provided to the residents by the City of marac. NOW THEREFORE, it is mutua Lease Agreement as follows: 1. PROPERTY agreed by and between the parties to this RAMADA does hereby agree to lease to CITY a portion of the rooftop of the Ramada Plaza Resort located at 5100 N. State Road 7, Fort Lauderdale, Broward County, Florida 33319. The legal description of said premises is as follows: Parcel A, "Leder" Subdivision as recorded in Platbook 79, Page 25 of the Public Records of Broward Co nty. 2. RENT The CITY agrees to pay RA ADA Sixty and no/100-- Dollars ($60.00) per antenna, per month, as total r�lnt for the above described property. Rent shall be payable in monthly installments due on the Vt day of each month. Payments shall commence be0inningcGAi / , 2002 and continue until the expiration or termination of this lease as elsewhere provided for herein. The number of anten s which CITY intends to place on RAMADA's roof is 1 (one) in accordance1with the plan specified in Exhibit "A" attached hereto. 3. NOTICE Whenever either party desire; or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the foll*ing addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321 With a copy to the City Attorney at the same address. i CONTRACTOR Gerry Verrillo VL Building West DBA Ramad Plaza Resort 5100 N. State Road 7 Fort Lauderdale, Florida 33310 4. ADDITIONAL ANTENNAS ANp EQUIPMENT CITY shall have the right to affix additional antennas to the leased premises during the term of the lease. Before affixing additional antennas and equipment, CITY shall be reg4ired to obtain the written consent of RAMADA. RAMADA reserves the right to withhold consent for additional antennas at its sole discretion. 5. EQUIPMENT TO REMAIN PRbPERTY OF CITY All antennas so affixed during the term of this Lease Agreement and all equipment pertaining thereto shall remain the property of CITY. 6. LOCAL, STATE AND FEDERAL REGULATIONS CITY shall ensure that all iinstallations and locations of antennas and equipment pertaining thereto 6hall comply with all Federal, State and Local government regulations. 7. WARRANTIES CITY shall ensure that the instillation and use of the antennas and equipment pertaining thereto shall not i terfere with the transmission or reception of radio, television or telephone 3ignals or equipment of any existing tenant or future tenant of RAMADA. Upon termination of this lease, CITY shall remove the antennas at its own expen 3e and CITY shall make any repairs necessary to restore premises to the sanhe conditions present at the commencement of this lease. 8. UTILITIES RAMADA agrees to provide, of its expense, electrical facilities and outlets of 110 volts AC power for the Operation of CITY's equipment, which is to be wired to receptacles adjacent to CITY's equipment with each receptacle on a separate 20 AMP circuit breaker. CITY specifically acknowledges that CITY and/or its agents have insp cted existing electrical service and that said electrical service conforms with the requirements of this paragraph. 2 Fs7 10 11 12 MAINTENANCE CITY shall not be responsible and the maintenance requires structure or placement of ligh any maintenance of any kini responsibility of RAMADA. C damage to RAMADA propeM repair of CITY's equipment. maintenance, repair or remov terms of this agreement. INSURANCE or maintaining any part of the leased premises cents of painting the interior or exterior of the bulbs, lighting equipment, electrical outlets, or pertaining to the roof shall remain the sole TY will be responsible for the repair of any which occurs as a result of the installation or ;ITY shall be responsible for the installation, I of all equipment installed by CITY under the CITY shall provide a stateme t to RAMADA from its Risk and Safety Officer stating that CITY is insured p to the statutory limits set forth in 768.28, Florida Statutes, or its succe sor. It is agreed that CITY's liability shall be limited to said statutory amou s. AMENDMENTS This agreement shall be ame ded only by the proper execution of a written document of equal dignity her to previously approved by both parties. ASSIGNMENTS RAMADA shall not transfer or ssign the performance required by this Agreement without the prior w 'tten consent of the City. This Agreement, or any portion thereof, shall not b subcontracted without the prior written consent of the city. VENUE This Agreement shall be gove ned by the laws of the State of Florida as now and hereafter in force. The vt nue for actions arising out of this agreement is fixed in Broward County, Floric a. WAIVER Failure or delay on the part of (CITY or RAMADA to exercise any right, power or privilege hereunder shall n operate as a waiver thereof. CONDITIONS PRECEDENT AND EARLY TERMINATION The parties acknowledge that] the purpose of this Lease is to allow CITY to engage in the receiving and! broadcasting of certain radio signals in the ongoing conduct of CITY operiations. In the event CITY is unable to maintain all required Federal, State, County and/or Municipal licenses necessary, CITY's obligation to pay rent thereunder and RAMADA's obligation to lease their premises shall terminate! upon notification to RAMADA by CITY within thirty (30) days written notice. 3 16. SECURITY RAMADA agrees to provide reasonable security for CITY's equipment on or about the lease premises. 17. IMPOSSIBILITY TO PERFOR If the leased property becom untenantable due to fire or other casualty or CITY is prohibited from using me for the purposes specified herein because of Federal, State or Local re ulations now or hereinafter in force, or if the lease premises become unfit r undesirable for radio communications due to causes beyond the control o CITY, CITY may terminate this Lease upon thirty (30) days written notice. 18. ACCESS TO LEASE PREMIS CITY, its employees, sub -con ractors or sub -lessees, shall have the right of ingress and egress to the le sed premises upon reasonable notice and at reasonable times except in thel event of any emergency. 19. OPTION TO RENEW RAMADA hereby grants CITY an option to renew this Lease Agreement for two (2) additional periods of �ve (5) years each, with the same terms and conditions except for rent. W h regard to rent, the parties may renegotiate said rent during the last nine (90) days of the initial period of the Lease. Additionally, should the first fide year option be exercised, the rent shall be renegotiated within the last niinety (90) days of said five year period. In no event shall the rent as renegotiated exceed the initial rental amount plus ten percent (10%). 20. TERMINATION Either party may terminate thi Lease for any (30) days written notice to the they party. 21. TERM The term of this Lease Agr4ment shall be commencing on $ �'' , 20 oa:- 22. PRIOR NEGOTIATIONS reason whatsoever upon thirty for a period of five (5) years This Lease Agreement constitutes the entire agreement of the parties hereto and shall supersede all prior loffers, negotiations and agreements made in connection with the subject maltter set forth herein. IN WITNESS WHEREOF, the palies have made and executed this Agreement on the respective dates under each sign4 ture. CITY OF TAMARAC, through its Mayor and VL Buildinq West DBA Ramada Plata Resort signing by and through Gerry Verrillo duly authorized to execute same. ATTEST: Marion Swe son, CIVIC City Clerk . Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy. CITY OF TAMARAC e Schreiber, Mayor Da e Jeffrey L!Mller, City Manager 5IS-02 Date Apprjv4 as tq4ory,and legl'sufficiency: ,C Date d� VL BUILDING WEST DBA RAMADA PLAZA RESORT Company ame -c5t�ZL ignature of &e* nt/Corporate Officer Gerry Verrillo Type/Print Name of President/Corporate Officer deb' - (CORPORATE SEAL) Date 5 CORPORATE STATE OF FLORIDA :S COUNTY OF ,&.1062a I HEREBY CERTIFY that on this day, b aforesaid and in the County aforesaid to Gerry Verrillo, (title) of VL Florida Corporation, to me known to bE the foregoing instrument and acknowled WITNESS my hand and official seal thi KNOWLEDGEMENT fore me, an Officer duly authorized in the Sate ake acknowledgments, personally appeared 3uilding West DBA Ramada Plaza Resort, a the person(s) described in and who executed ed before me that he/she executed the same. Signature of Notary Public State of Florida at Large N M. GREiO KA i CC831609 EXPI S JUL 19, oOTHRM H Print, Type or Stamp 1°NOT'�Y Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Low ROOF NORTH PARKING AREA ♦ � Motorola receiver & I O' high Antenna attached to elevator Telephone outlets atsame. elev. equip. uip room Roof Hatch HIGH ROOF PATIO AREA FIRST AMENDMENT TO LEASE AGREEMENT This FIRST Amendment to LEASE AGREEMENT (the "Amendment") is effective as of the date of execution by the last party to sign (the "Effective Date") by and between CITY OF TAMARAC, a Florida municipal corporation ("Lessee") and VL Bldg. West DBA Ramada Plaza Resort ("Lessor") (collectively, the "Parties"). Lessor and Lessee (or their predecessors -in -interest) entered into that certain LEASE AGREEMENT dated May 8, 2002 (the "Agreement") regarding Lessor's leased area ("Premises") located at the rooftop of Ramada Plaza Resort located at 5100 N. State Road 7, Fort Lauderdale, Florida 33319 (the "Property"). This Amendment together with the Agreement shall collectively be known as the "Agreement". NOW, for good and valuable consideration, Lessor and Lessee agree as follows: 1. The Agreement is in full force and effect and neither Lessor nor Lessee is in breach under the terms of the Agreement. 2. At the expiration of the Agreement, the Term of the Agreement will automatically be extended for four (4) additional and successive five (5) year terms (each a "Renewal Term"), provided, that Lessee may elect not to renew by providing Lessor thirty (30) days' notice prior to the expiration of the then current Renewal Term. 3. At the commencement of the first Renewal Term provided for in this Amendment, Lessee shall pay Lessor an annual rent totaling seven hundred and twenty, paying sixty and 00/100 Dollars ($60.00) per month ("Rent") in advance, by the fifth day of each month. 4. For delivery of any and all notices, requests, demands and other communications Lessee hereby amends and designates the following address for delivery to Lessee. To: LESSOR VL Building West DBA Ramada Plaza Resort 5100 N. State Road 7 Fort Lauderdale, FL 33319 Attn: Gerry Verrillo LESSEE City of Tamarac 7525 NW 88 Avenue Tamarac, Florida 33321 Attn: City Manager With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., St 200 Fort Lauderdale, FL 33308 S. To the extent any provision contained in this Amendment conflicts with the terms of the Agreement, the terms and provisions of this Amendment shall control. 6. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic copies of this Amendment will legally bind the parties to the same extent as originals. 7. Each of the Parties represents and warrants that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. IN WITNESS, the parties execute this Amendment as of the Effective Date. Lessor: Lessee: VL Building BA Ramada Pliza R city o ac 4a. 1 By: Print Name{ '" i9 rZ i Name: Michael C. Cernech T Title:VVI ` ATT T' By: City Clerk \ Print Name: Patricia Teufel. C Title:Cit)j IC -- Date: 3I2 D 1 I Approves tyloryn/and legal sufficiency: Sarp(uel S/GdFdr/�ty Attorney te, 3-2 317 Title: Citv Manager Date: Z 1 TA A4 �. C� 0 � s i r i R ESTAf LlSHED 1933 SEAL � C flripliriall��