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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-256Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-96— 25� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE RENEWAL OF THE LEASE AGREEMENT WITH LANE HOSPITALITY, INC., FOR AN ANTENNA SITE ON THE HOLIDAY INN WEST BUILDING FOR THE CITY'S RADIO COMMUNICATION SYSTEM; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has maintained an antenna at the roof of the Holiday Inn West building as part of the FCC License requirements and to provide radio communications coverage in the area since 1989; and WHEREAS, the lease agreement for the property that the antenna is located has expired; and WHEREAS, on November 1, 1996, The Hotel Group will be replaced by Lane Hospitality, Inc. as the operating company for the Holiday Inn West (see Attachment A); and WHEREAS, it is the recommendation of the City Manager and the Director of Management Information Services to renew the lease agreement attached as Exhibit 1 with Lane Hospitality, Inc. to maintain the City's FCC License and the 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 enter into an agreement with Lane Hospitality, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: .S-ction 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 negotiate and execute the renewal of the lease agreement with Lane Hospitality, Inc. attached hereto as Exhibit 1. 1 1 1 Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 2 Section 3: Funding for the lease is budgeted by the Management Information Services Department. Section 4: All resolutions or parks of resolutions in conflict herewith are hereby repealed to the extent of such conflict. tin : 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 in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 6: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to MITCHELL S. KRAFT CITY ATTORNEY 13 day of N0Vlr+16E9 -7XQ0(0" /,.' /L LARK MISHKIN VICE MAYOR 1996. RECORD OF COMMISSION VOTE MAYOR DIST 1: DIST L DIST 3: DIST 4: � 5L .SSG PIV-142FIIl LEASE AGREE ENT Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 3 THIS LEASE AGREEMENT, made and entered into this day of N U , 1997 by and between the City of Tamarac, a municipal corporation poration of the State of Florida, hereinafter referred to as "CITY" and Lane Hospitality, Inc., hereinafter referred to as "LANE HOSPITALITY". WHEREAS, the City Commission of the City of Tamarac determines that it is in the public interest to lease space from LANE HOSPITALITY, to be used b the CIT Y TY for the installation of communication antennas, and equipment pertaining thereto, and WHEREAS, an efficient communication system is a vital part of the services provided to the residents by the City of Tamarac. NOW THEREFORE, it is mutually agreed by and between the parties to this Lease Agreement as follows: LANE HOSPITALITY does hereby agrees to lease to CITY a portion of the roof -top of the Holiday Inn West located at 5100 N. State Road 7, Fort Lauderdale, Broward County, Florida. The legal description of said premises is a follows: Parcel A, "Leder" Subdivision , as recorded in Platbook 79, Page 25 of the Public Records of Broward County. • Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 4 2. BENT, The CITY agrees to pay to LANE HOSPITALITY Sixty ($60.00) Dollars per antenna, per month, as total rent for the above described property. Rent shall be payable in monthly installments due on the 1 st day of each month. Payments shall commence in Fe-6rv4W 199 and continue until the expiration or termination of this lease as elsewhere provided for herein. If applicable, City of Tamarac agrees to pay all sales taxes on rent. The number of antennas which the CITY intends to place on LANE HOSPITALITY roof is 1 , in accordance with the plan specified in Exhibit "2" attached hereto. Noll All rental payments and notices required to be paid. by the CITY to LANE HOSPITALITY and shall be mailed to 5100 N. State Road 7, Fork Lauderdale, Florida 33309. All notices required to be sent by LANE HOSPITALITY to The CITY, shall be sent to, City Manager, City of Tamarac, 7525 NW 88th Avenue, Tamarac, Florida 33321. All notices shall be sent by certified mail, return receipt requested, to the addresses listed herein. 4. ADDITIONAL A TENNAIAND 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 required to obtain the written consent of LANE HOSPITALITY. LANE HOSPITALITY reserves the right to withhold consent for additional antennas in its sole discretion. Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 5 5. EQUIPMENT O REMAI_N PROPEETY OF CITY QFILMA All antennas so affixed during the term of this Lease Agreement and all equipment pertaining thereto shall remain the property of the CITY. _WTIMD I CITY shall ensure that all installations and location of antennas and equipment pertaining thereto shall comply with all Federal, State and Local Government regulations. 7. MERANTIES. The CITY shall ensure that the installation and use of the antennas and equipment pertaining thereto shall not interfere with the transmission or reception of radio, television or telephone signals or equipment of any existing tenant or future tenant of LANE HOSPITALITY. Upon termination of this lease the antennas shall be removed by CITY at CITY's own expense and any repairs necessary to the demised premises to restore Premises in a condition as of the commencement of this lease shall be made by CITY. 8. UDLIZLES, LANE HOSPITALITY agrees to provide, at LANE HOSPITALITY's expense, electrical facilities and outlets of 110 volts a.c. power for the operation of CITY's equipment which is to be wired to receptacles adjacent to CITY's equipment with each such receptacle to be on a separate 20 Am circuit p breaker. CITY specifically acknowledges that existing electrical service has been inspected by CITY and/or its agents and that said electrical service conforms with the requirements of this paragraph. • Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 6 9. M INTENANCE, CITY shall not be required or be responsible for maintaining any part of the leased premises and the maintenance requirements of painting the interior or exterior of the structure or placement of light bulbs, lighting equipment, electrical outlets, and any maintenance of whatever kind pertaining to the roof shall remain the responsibility of LANE HOSPITALITY. The CITY will have the responsibility to repair any damage to the property of LANE HOSPITALITY which occur as a result of the installation or repair of CITY's equipment. The CITY shall be responsible for the installation, maintenance, repair or removal of all equipment installed by CITY hereunder. 10. MECHANICS LIENS, The interest of LANE HOSPITALITY shall not be subject to liens for improvements made by the CITY and short form of this Lease shall be filed in the public records of Broward County, Florida to evidence the prohibition of such liability. It is agreed and understood that the CITY, at its expense and with due diligence and dispatch, shall procure the cancellation and discharge of all notices of violation or liens arising from or otherwise connected with, the performance of any construction relating to the premises leased hereunder or any other work, labor, services or material done for or supplied to the CITY or any person claiming through or under the CITY, which shall be issued by any public authority having any jurisdiction or asserting jurisdiction. The CITY shall have no authority to create any liens for labor or materials ag ainst the premises leased hereunder and the CITY shall defend, indemnify and save LANE HOSPITALITY harmless from and against any and all mechanics and other liens and encumbrances filed in connection with any Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 7 work, labor, services or materials done for or supplied to the CITY or any person claiming through or under the CITY and against all costs, expenses and liabilities (including reasonable attorneys fees to and through any appellate and/or supplemental proceedings) incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. The CITY agrees that, prior to contracting for any labor, material or service to be supplied to equipment installed by CITY, other than emergency repairs, CITY shall notify LANE HOSPITALITY at least 48 hours in advance of the nature of such service to be performed, the name and address of the contractor, and provide a copy of the contract for the work to be performed. 11. CITY shall provide a statement to LANE HOSPITALITY from its Risk Manager stating that the CITY is insured up to the statutory limits set forth in 768.28, Florida Statutes, or its successor. It is agreed that CITY's liability shall be limited to said statutory amounts. This agreement shall be amended only by the proper execution of a written document of equal dignity hereto previously approved by both parties. • 13. SUB013DINAILQbl QF LEASE. This Lease, and all rights of the CITY hereunder, are and shall be subject to and subordinate to any and all mortgages which may now or hereafter affect the property Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 8 leased hereunder and this subordination shall likewise apply to each and every advance made or hereafter to be made under such mortgages, to all renewals, modifications, replacements and extensions of such mortgages and to spreaders and consolidations of the same. This paragraph shall be self -operative and no further instrument of subordination, shall be required. In confirmation of such subordination, the CITY shall promptly execute, acknowledge and deliver any instrument that LANE HOSPITALITY or the holder of any such mortgage (or their respective successors in interest) may reasonably request to evidence such subordination. 14. This agreement may be assigned by either party without first obtaining approval from the other party. 15. VENUE. In connection with any litigation rising hereunder, venue shall be set in Broward County, Florida. 16. AALVF.R. Failure or delay on the part of the CITY or LANE HOSPITALITY to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 0 Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 9 17. CQNDTI R D 7—AND7-AND EARLY—EARLY—I.EEM I NATION, The parties acknowledge that the purpose of this lease is to allow the CITY to engage in the receiving and broadcasting of certain radio signals in the ongoing conduct of CITY operations. In the event the CITY is unable to maintain all required Federal, State, County and/or Municipal licenses necessary, CITY's obligation to pay rent hereunder and LANE HOSPITALITY's obligation to lease their premises shall terminate upon notification to LANE HOSPITALITY by CITY with thirty (30) days written notice. 18. SECU13ITY, LANE HOSPITALITY agrees to provide reasonable security for CITY's equipment on or about the leased premises. If the leased property becomes untenantable due to fire or other casualty or CITY is prohibited from using the same for the purposes specified herein because of Federal, State, or Local regulations now or hereinafter in force, or if the leased premises become unfit or undesirable for radio communications due to causes beyond the control of the CITY, the CITY may terminate this Lease Agreement upon thirty (30) days written notice. 20. ACCES,.STO LEA,�ED PREMISE, The CITY, its employees, sub -contractors or - sub lessees, shall have the right of ingress and egress to the leased premises upon reasonable notice and at reasonable times except in the event of any emergency. fe- � 6 -';Zs� Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 10 21.QPJIOb! TO RENEW. LANE HOSPITALITY hereby grants the CITY an option to renew this Lease Agreement for two additional periods of five (5) years each, with the same terms and condition except for the rental amounts. With regard to rental amounts, said amounts may be renegotiated by the parties hereto during the last ninety (90) days of the initial period of the Lease. Additionally, should the first five (5) year option be exercised, the rental rate shall be renegotiated with the last ninety (90) days of said five (5) year period. In no event shall the rent as renegotiated exceed the rental called for pursuant to this Agreement plus ten (10%) percent. Either party may terminate this Lease Agreement for any reason whatsoever upon one hundred twenty (120) days written notice to the other party. 23. TES The term of this Lease Agreement shall be for a period of five (5) years commencing on J;-h u:Lr� � f q 7'7 . This Lease Agreement constitutes the entire agreement of the parties hereto and i shall supersede all prior offers, negotiations and agreements g is made in connection with the subject matter set forth herein. • C� J Temp Reso #7589 October 16, 1996 Revised 10/22/96 Revised 10/30/96 Page 11 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. WITNESSES: ATTEST: r City Clerk Carol A. Evans, CMC Appro,mpd As to Form: . City Attorney t Mitchell S. Kraft WITNESSES: Ptmy CYr4`� CITY OF TAMARAC: By: vice Mayor Larry Mishkin �) By: , S City Manager Robert S. Noe, Jr. LANE HOSPITALITY, INC. Y V ► rQG 11�1 q eV%CyP—k% 5Q t� By: C� W rn , K I G-ft RCZ � Title Temp Reso #7589 October 15, 1996 Revised 10/22/96 0 Page 12 IA WIldw HOLIDAY INN WEST 5100 N. STATE ROAD 7 FT. LAUDERDALE, FLORIDA NORTH PARKING AREA elev. equip. room LOW ROOF Motorola receiver & 10' high Antenna attached to elevator Telephone outlets at. same. HIGH ROOF PATIO AREA N Roof Hatch w I c0 -ou I uc. 1 .00 n li NN I LAUDERDALE FAX N0. 9547335037 P. 01''" r, Temp Reso #7589 October 16,1996 Revised 10/22/96 Revised 10/30/9$ f �Page 13 111YL. 9 Dctobet• 29, 1996 City of Tamarac_. As . Of Nomiber 1 • ' I996 The Rote]. G w for.the Holiday Fort Lauder Croup ill no longer be the mans lane HasHilidit dale test. The new Anna_ group viit group (954)739-4000. y. If You hav+a any 4uestfons Please feel free t to cmact us Thank you, .. ' -Cathy sch Acct. Dgpte FORT LAUDERDALE WCST-HOTEL 5100 N. State Road 7 (U.a41 mmpr�ial Blvd.). Ft, Lauderdale, Florida 33319 96 at Cob CdNFiRENCE CENT Ar" 4.730.�r1M /!a 0 CERTIFICATE OF COVERAGE Certificate Holder LANE HOSPITALITY HOLIDAY INN WEST 5100 N STATE ROAD 7 FORT LAUDERDALE FL Administrator Issue Date Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, Florida 32853-0065 10/30/95 BDM COVERAGES NY THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. R MAY PERTAIN. T A AFFORDEPEBY THE AGREEMENT DESCRIBED CONTRACT OR HEREIN IS UBIECTHBTO DOCUMENT TERMS, el(cCLU51 NS AND ONDITIONSTHIS TOP SUCHIFICATE MA R¢eMENT ISSUEDAY BE OR MAY PERTAIN. THE COVERAGE COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 584 COVERAGE PERIOD: FROM 1011/96 1 COVERAGE PERIOD: TO 9130197 12:00 Midnight Standard Time TYPE OF COVERAGE • LIABILITY General Liability ® Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury ® Errors and Omissions Liability ® Employee Benefits Program Administration Liability ® Medical Attendants'/Medical Directors' Malpractice Liability ❑ Broad Form Property Damage Law Enforcement Liability ® Underground, Explosion & Collapse Hazard Limits of Liability $100,000 Each Person or ' Combined Single Limit $200,000 Each Occurrence Deductible Stoploss 2E 5,g00 Automobile Liability DAII owned Autos (Priv. Pass.) ❑AII owned Autos (Other than Priv. Pass.) Hired Autos []Non -Owned Autos Limits of Liability $100,000 Each Person $200,000 Each Occurrence Deductible Stoploss $ or " Combined Single Limit TYPE OF COVERAGE - PROPERTY Buildings ❑Basic Form ❑Special Form Personal Property Basic Form Special Form Agreed Amount ❑Deductible $ ❑Coinsurance ❑ Blanket Specific Replacement Cost DAatual Cash Value ® Miscellaneous ® Inland Marine Electronic Data Processing Bond Limits of Liability on File with Administrator Automobile/Equipment - Deductible rl Physical Damage 6 Comprehensive - Auto $ Collision -Auto $ Miscellaneous Equipment Other "The limit of liability Is sioo,000 Bodily Injury and/or Property Damage per person or $200.000 Bodily Injury and/or Property Damage par occur.m ac. Thocc cpoctftc !!^•,t-- :f n-bilit; e.,- tncre+ee:1 90'2 000,000 (cOln"ed aingte tlmit) prr ocalrrence, t:^lew for nny liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability Imposed pursuant to Federal Law or actions outside the State of Florida. Description of OperationsfLocationsfVehicles/Special Items aF• Antenna on Holiday Inn west building for City's radio communication system, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, eAIGNV un ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. DESIGNATED MEMBER MS SUSAN SINCLAIR CITY OF TAMARAC 7525 NORTH WEST 88TH AVENUE TAMARAC FL 33321 2401 CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ]t DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED ABOVE, OUT FAILURE Tt MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILrrYOP ANY KIND UPON THE PROGRAM, ITS AGENTS OR REPRESENTATIVES, FMIT-CERT 09m) AUTHORIZED REPR.ONTAT e