Loading...
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 r SECTION 3: All resolutions or parts of resolutions in cAflict herewith are hereby repealed to the extent of such conflict.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. 1 1 1 Temp. Reso. #9763 April 16, 2002 Page 3 I 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. 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 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. 2 a 10 11 12 13 14 15 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. 4 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. 6 EXHIBIT A 5100 N. STATE ROAD 7 FT. UDERDALE, FLORIDA IN