HomeMy WebLinkAboutCity of Tamarac Resolution (120)1
CITY OF T
RESOLU
A RESOLUTION OF 1
CITY OF TAMARAC,
APPROPRIATE CITIt
LEASE AGREEMENT
RAMADA PLAZA RE
ON THE RAMADA F
THE CITY'S RADIO
A PERIOD OF FIVE
FIVE YEAR RENEWP
PER MONTH; PF
PROVIDING FOR SE
FOR AN EFFECTIVE
WHEREAS, since 1989, the
the Ramada Plaza Resort building
to provide radio communications
WHEREAS, the lease agree
WHEREAS, the property is
DBA Ramada Plaza Resort; and
Temp. Reso. #9763
April 16, 2002
Page 1
, FLORIDA
N 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
DMMUNICATION SYSTEM FOR
EARS WITH TWO ADDITIONAL
. OPTIONS AT A COST OF $60
)VIDING FOR CONFLICTS;
✓ERABILITY; AND PROVIDING
ATE.
has maintained an antenna on the roof of
part of the FCC's license requirements and
in the area; and
nt for the antenna site has expired; and
owned and operated by VL Building West
WHEREAS, it is the recommIndation of the Director of Information
Technology to execute the lease agrieement with VL Building West DBA Ramada
Plaza Resort to maintain the City's FCC license and radio communication
system; and
WHEREAS, the City Commission 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. 7- .
r
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herewith are hereby repealed to the extent of such conflict.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.
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Temp. Reso. #9763
April 16, 2002
Page 3
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SECTION 5: This Resolution hall become effective immediately upon its
i
passage and adoption.
PASSED, ADOPTED, AND APPROVED this 8th day of May, 2002.
ATTEST:
MARION-S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
TION as to form.
MITCHELLA. KF
CITY ATTORN
1
h
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A Pi
DIST 1: V/M. PORTNER A v
DIST 2: COMM. MISHKIN_EgfA&Agd/
DIST 3: COMM. SULTANOF_Aye,
DIST 4: COMM. ROBERTS A e,
LEASEIAGREEMENT
THIS LEASE AGREEMENT, made and entered in this q day of M (V
20p 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".
ESSETH
WHEREAS, the City Commissio of the City of Tamarac determines that it is in
the public interest to lease space from MADA, to be used by CITY for the installation
of communication antennas, and equiplint pertaining thereto, and
WHEREAS, an efficient comm cation system is a vital part of the services
Imarac.
provided to the residents by the City of
NOW THEREFORE, it is mutua ly agreed by and between the parties to this
Lease Agreement as follows:
1. PROPERTY
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�nt for the above described property. Rent shall
be payable in monthly instalments due on he 1St day of each month.
Payments shall commence be0inning �MVkJ / , 2002 and continue
until the expiration or terminpfion 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 desires 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 returm 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.
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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 tq 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 shall 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 signals or equipment of any existing tenant or
future tenant of RAMADA. Upon termination of this lease, CITY shall remove
the antennas at its own expense 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, $t 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 inspgcted existing electrical service and that said
electrical service conforms with the requirements of this paragraph.
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MAINTENANCE
CITY shall not be responsible
and the maintenance requires
structure or placement of ligh-
any maintenance of any kin(
responsibility of RAMADA. C
damage to RAMADA proper)
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,
it 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 itten consent of the City. This Agreement, or
any portion thereof, shall not be subcontracted without the prior written
consent of the city.
VENUE
This Agreement shall be gave ned by the laws of the State of Florida as now
and hereafter in force. The vf nue for actions arising out of this agreement is
fixed in Broward County, Floric a.
u�W-
Failure or delay on the part ofICITY or RAMADA to exercise any right, power
or privilege hereunder shall not 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 opertations. 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.
K3
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 ame 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 c r undesirable for radio communications due to
causes beyond the control oi CITY, CITY may terminate this Lease upon
thirty (30) days written notice.
18. ACCESS TO LEASE PREMISES
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 ive (5) years each, with the same terms and
conditions except for rent. W4h 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 ninety (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 reason whatsoever upon thirty
(30) days written notice to the ther party.
21. TERM
The term of this Lease Agre�ment shall be for a period of five (5) years
commencing on R- , 20 0�
22. PRIOR NEGOTIATIONS
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 m;*ter set forth herein.
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IN WITNESS WHEREOF, the p�
on the respective dates under each sig
and_VL Building West DBA Ramada P
duly authorized to execute same.
ATTEST:
Marion Swe son, CIVIC
City Clerk,
�Z3 j
Date
ATTEST:
(Corporate Secretary)
s have made and executed this Agreement
ire. CITY OF TAMARAC, through its Mayor
Resort signing by and through Gerry Verrillo
CITY OF TAMARAC
4
e Schreiber, Mayor
Da e
�.��
Jeffrey L. iller, City Manager
Date
5IS-02
as tgforrAand legat'sufficiency:
MiteIPS. Kra;, Ci y At or y
Ut
Date
VL BUILDING WEST DBA RAMADA
PLAZA RESORT
Comp�nyame
ignature of e ' ent/Corporate Officer
Gerry Verrillo
Type/Print Name of Corporate Secy. Type/Print Name of President/Corporate
Officer
Cq2-
(CORPORATE SEAL) ate
CORPORATE
STATE OF FLORIDA
:S
COUNTY OF
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 b(
the foregoing instrument and acknowled
WITNESS my hand and official seal this
NOWLEDGEMENT
fore me, an Officer duly authorized in the Sate
ake acknowledgments, personally appeared
luilding West DBA Ramada Plaza Resort, a
the person(s) described in and who executed
ed before me that he/she executed the same.
ay of _ , 20 0 .2--
KARfN M. GRETO
Mo.Mn C # CC8 7609
wn c D(PI S JUL 19,
o� TNR4UC3H
< Ap AGE NOTARY
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
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.
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EXHIBIT A
5100 N. STATE ROAD 7
FT. UDERDALE, FLORIDA
IN