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 �.
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R ESTAf LlSHED
1933
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