HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-196L
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Temp. Reso #10801
September 1, 2005
Page 1
Revision 1 September 22, 2005
Revision 2-September 29,2005
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005--LaL
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXCECUTE THE SECOND AMENDMENT TO LEASE
AGREEMENT BETWEEN THE CITY OF TAMARAC AND NEW
CINGULAR WIRELESS PCS, LLC D/B/A/ CINGULAR WIRELESS
TO MODIFY EXHIBIT "B" OF THE FIRST AMENDMENT TO
LEASE AGREEMENT, AND TO MODIFY THE NOTICE SECTION
OF THE LEASE AGREEMENT, AUTHORIZING CITY CLERK TO
RECORD SAID DOCUMENT WITH BROWARD COUNTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 14, 1994, the City Commission of the City of Tamarac,
Florida adopted Resolution 94-183 authorizing the appropriate City Officials to execute the
Lease Agreement between the City of Tamarac and Bellsouth Mobility Inc, attached hereto as
Exhibit 1, to place an antenna and unmanned communications building on City property on
Track 27, Tamarac Sports Complex; and
WHEREAS, on April 30,1997, the City Commission of the City of Tamarac, Florida
adopted Resolution 97-82 authorizing the appropriate City Officials to execute the First
Amendment to Lease Agreement between the City of Tamarac and Bellsouth Mobility Inc,
attached hereto as Exhibit 2, to increase the size of the leased parcel for the installation of a
generator; and
WHEREAS, Bellsouth Mobility Inc. is now New Cingular Wireless PCS, LLC D/B/A
Cingular Wireless; and
WHEREAS, Cingular Wireless now desires to delete, in its entirety, Exhibit "B" of the
First Amendment to Lease Agreement and replace it with a new Exhibit "B" thus changing the
location of the generator, attached hereto as Exhibit "B" of Exhibit 3; and
Temp. Reso #10801
September 1, 2005
Page 2
Revision 1 -September22,2005
Revision 2-September 29,2005
WHEREAS, Cingular Wireless desires to modify and replace in its entirety the Notice
Section of the Lease Agreement; and
WHEREAS, it is the recommendation of the Director of Information Technology to
make the proposed changes to the Lease Agreement and the First Amendment to Lease
Agreement by executing the Second Amendment to Lease Agreement between Cingular
Wireless and the City of Tamarac, Florida, attached hereto as Exhibit 3; 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 execute the Second
Amendment to Lease Agreement to change the location of the additional leased space and to
modify the Notice Section of the Lease Agreement. I
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.
SECTION 2: The appropriate City Officials are authorized to execute a Second
Amendment to Lease Agreement with Cingular Wireless to modify Exhibit "B" of the First
Amendment to Lease Agreement, and to modify the Notice Section of the Lease Agreement.
SECTION 3: The City Clerk is hereby instructed to forward an executed and certified
copy of the Second Amendment to Lease Agreement between the City of Tamarac and New
Cingular Wireless PCS, LLC to Broward County for recording in the Public Records of
Broward County, Florida.
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Temp. Reso #10801
September 1, 2005
Page 3
Revision 1 -September 22,2005
Revision 2-September 29,2005
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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.
SECTION 6: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this i lMday of ( )c�D be v, 2005.
ATTEST:
M4_AR10 SWEN ON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
'z./JOE SCHREIBER
Mayor
RECORD OF COMMISSION'
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
Exhibit 1 C OLL
LEABZ AGREEMMU
0 BETWZEN
4! THE CITY OP TAMARAC, FLORIDA
MIE
BELLSOUTH MOBILITY INC
This LEASE AGREEMENT (hereinafter refi;rred to as "Agreement")
is made and entered into this _/_6_0'-day of ' ' 1994, between the
CITY OF TAMARAC, a municipal corporation of the State of Florida,
whose address is 7525 N.W. 88th Avenue, Tamarac, Florida 33321
(hereinafter referred to as "CITY") and BELLSOUTH M013ILITY INC,
whose address is 500 Cypress Creek Road West, Suite 700, Fort
Lauderdale, Florida 33309 (hereinafter referred to as "TENANT'$).
RECITALS:
WHEREAS, CITY is the owner of certain real property located at
the CITY's Recreation Field, adjacent to N.W. 100th Avenue in the
City of Tamarac, in Broward County, State of Florida; and
WHEREAS, TENANT desires to lease a portion of said real
property (hereinafter called Property), with a right of way for
access thereto, containing approximately 500 square feet more
specifically described in and as substantially shown outlined in
red on Exhibit "All attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
I . The foregoing recitations are true and correct and are
hereby incorporated herein by reference.
2. CITY hereby leases to TENANT that certain parcel of
Property, containing approximately 500 square feet, situated in
Broward County, State of Florida, together with the nonexclusive
right for ingress and egress, seven (7) days a week, twenty-four
(24) hours a day, on foot or motor vehicles, including trucks, and
for the installation and maintenance of utility wires, cables,
conduits and pipes over, under or along a twenty foot (20 foot)
wide right of way extending from the nearest public right of way
which is N.W. 100th Avenue, to the demised premises (including
TENANT's equipment shelter and lighting structure as referenced
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herein), said Property and right of way for access being
substantially as described herein in Exhibit "All and as shown
en�Elosed within red lines on Exhibit "All attached hereto and made
a part hereof. CITY shall cooperate with TENANT in its effort to
obtain utility services along said right of way and to the Property
by signing such documents or easements as may be required by said
utility companies. In the event any public utility is unable to
use the aforementioned right of way, the CITY hereby agrees to
grant an additional right of way either to the TENANT or to the
public utility at no cost to the TENANT.
3. CITY also hereby grants to TENANT the right to survey
said Property, and said survey shall then become Exhibit "B", which
shall be attached hereto and made a part hereof, and shall control
in the event of discrepancies between it and Exhibit "A". Cost for
such work shall be borne by the TENANT.
4. This Agreement shall be for an initial term of five (5)
years commencing upon the f inal execution of this Agreement by both
CITY and TENANT, unless otherwise terminated pursuant to Paragraph
5, below. Consideration for the initial term and all extensions
thereof shall be provided by TENANT as follows:
a. During the initial term of this Agreement and upon
issuance of the Certificate of Occupancy, CITY shall be paid an
annual rental f ee payment of THIRTEEN THOUSAND FIVE HUNDRED and No
DOLLARS (13, 500. 00) . The initial 'payment shall be due and payable
to CITY thirty (30) days after issuance of the Certificate of
Occupancy by the City and annually thereafter on the anniversary of
the lease year. A lease year is the twelve (12) months commencing
with the anniversary of the lease date and terminating with the
last day of the twelfth month thereafter.
b . TENANT shall have the option to extend this Agreement for
four (4) additional five (5) year terms, and such extensions shall
automatically occur unless TENANT gives CITY written notice of its
intention not to extend this Agreement at least six (6 months)
prior to the end of the then current term.
C. During each additional five (5) year term the annual
rental fee shall be adjusted to equal the purchasing power of the
previous year. The basic annual rental fee shall be adjusted by
any change in the index now known as "United States Bureau of Labor
Statistics, Consumer Price Index, for All Urban Consumers,"
hereinafter referred to as the "Indexil. If such Index shall be
discontinued with no successor or comparable successor index, the
parties shall attempt to agree upon a substitute formula, but if
the parties are unable to agree upon a substitute formula, then the
matter shall be determined by arbitration in accordance with the
rules of the American Arbitration Association then prevailing.
Such adjustment shall be accomplished by multiplying the
aforementioned basic annual rental fee by a fraction, the numerator
of which shall be the most recently published annual index
preceding the first day of the lease year for which adjustment is
made, the denominator of which fraction shall be the corresponding
annual index for the year preceding the first date of the previous
lea"se year. Said sum is in addition to the base rental fee and is
payable upon the next annual payment after publication of the
subject Consumer Price Index and shall cover the past due amounts
and the next annual rental fee adjustment shall be computed and
payable and shall be limited to a seven percent (7k) increase over
the previous year's rental fee.
d. The computation of the annual rental fee adjustment shall
never result in a reduction from the base rental fee above provided
so that the minimum rental fee hereunder shall never be less than
the aforesaid base rental fee.
e. If at the end of the fifth (5th) five (S) year term this
Agreement has not been terminated by either party by giving to the
other written notice of an intention to terminate it at least six
(6) months prior to the end of such term, this Agreement shall
continue in force upon the same covenants, terms and conditions for
a further term of one (1) year, and for annual terms thereafter
until terminated by either party by giving to the other written
notice of its intention to so terminate at least six (6) months
prior to the end of such term. The annual rental fee for this
period shall be equal to the annual rental fee paid for the
previous year of the fifth (5th) five (5) year term and increased
by five (5%) per cent.
5. TENANT shall use the Property for the purpose of
constructing, maintaining and operating a Communications Facility
and uses incidental thereto, consisting of a) a new unmanned
equipment building constructed by TENANT to shelter its
telecommunications equipment and related office space. The new
building will be attached to CITY's existing store room/equipment
building and the new construction shall substantially match the
building trim and the building type and exterior finish of the
existing building; b) a one hundred (1001) foot free standing
lighting structure designed to meet TENANT's telecommunications
needs, and; c) all necessary connecting appurtenances. All
improvements shall be at TENANT's expense. TENANT will maintain the
Property in a reasonable condition. TENANT agrees to use its beat
efforts and to take reasonable precautions not to interfere with
city events and/or users of the City's ballfield during the
construction and maintenance of its Communications Facility. it is
understood and agreed that TENANT's ability to use the Property is
contingent upon its obtaining after the execution date of this
Agreement, all of the certificates, permits and other approvals
that may be required by any federal, state or local authorities.
CITY shall cooperate with TENANT ' in its effort to obtain such
approvals and shall take no action which would adversely af f ect the
status of the Property with respect to the proposed use thereof by
TENANT. CITY agrees to sign such papers as required to file
applications with the appropriate zoning authority and/or
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commission for the proper zoning of the Property as required for
theuse, intended by the TENANT. TENANT will perform all other acts
and'bear expenses associated with the rezoning procedure. CITY
agrees to make its best efforts to support the rezoning and
administrative procedures. In the event that any of such
applications should be finally rejected or any certificate, permit,
lease or approval issued to TENANT is cancelled, expires, lapses,
or is otherwise withdrawn or terminated by governmental authority
or if soil boring tests or radio frequency propagation tests are
found to be unsatisfactory so that TENANT, in its sole discretion,
will be unable to use the Property for its intended purposes,
TENANT shall have the right to terminate this Agreement. Notice of
the TENANT's exercise of its right to terminate shall be given to
CITY in writing by certified mail, return receipt requested, and
shall be effective upon receipt of such notice by the CITY as
evidenced by the return receipt. All rental fees paid prior to
said termination date shall be retained by the CITY. Upon such
termination, this Agreement shall become null and void and all the
parties shall have no further obligations, including the payment of
money, to each other. TENANT shall offer CITY the first option to
purchase said lighting structure, the equipment building and
certain remaining improvements at such time as TENANT may elect to
terminate this Agreement for the agreed upon sum of One Hundred
Dollars ($100-00). CITY shall have sixty days from receipt of such
notice of termination in which to exercise this option and notify
TENANT in writing.
6. a) TENANT shall, at its expense, remove the existing
lighting structure and replace the ' structure with a new comparable
structure and remount CITY's existing lighting equipment at
substantially the same height as presently located. TENANT will
allow CITY, without charge, to re -locate on the new lighting
structure its municipal lighting equipment for ballpark,
recreational purposes, at an elevation and with such equipment and
related cables satisfactory to CITY and as approved by TENANT, with
such approval not to be unreasonably withheld. CITY shall provide
TENANT upon execution of this Agreement with an exact description
of all lighting equipment and height required for the installation
for current and future use anticipated by CITY. The cost of CITY's
equipment, and after the initial installation thereof, the
maintenance of this equipment shall be CITY's responsibility.
Said installation and maintenance are to be performed by CITY, or
its contractors, in a workmanlike manner and all work is to be done
in a manner consistent with TENANT's high quality construction
standard. With the exception of general day-to-day maintenance,
prior to the commencement of any installation or significant
maintenance work that will impact TENANT's cables and/or equipment,
CITY shall submit detailed plans of the work to be performed to
TENANT for its approval and TENANT shall have the option to approve
CITY, s contractor prior to any installation and/or maintenance that
will require access to the structure.
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b) CITY grants TENANT permission to attach necessary
transmission lines, cables, antennas, fixtures, and other
associated equipment from the equipment shelter to the lighting
structure to make TENANT's antennas operational.
7. TENANT shall furnish to its unmanned equipment shelter
electric service for the operation of TENANT's telecommunications
equipment. TENANT shall be solely liable for electricity expenses
relating to its installation and equipment. TENANT's electrical
service shall be separately metered and TENANT shall be responsible
for all costs associated with metering, including the cost of
installing any meter. If TENANT should install any emergency
generators at this site, the location of said generator shall be
approved by CITY, such approval not to be unreasonably withheld and
said generator shall comply with Broward County's Wellfield
Protection Ordinance.
8. TENANT shall indemnify and hold CITY, its agents,
servants or employees, harmless against any claim of liability or
loss from personal injury or property damage resulting from or
arising out of the use and occupancy of the Property by the TENANT,
its agents, servants or employees, excepting, however, such claims
or damages as may be due to or caused by the acts of the CITY, or
its agents, servants or employees.
9. CITY agrees that TENANT may self -insure against any lose
or damage which could be covered by a comprehensive general public
liability insurance policy.
10. TENANT will be responsible for making any necessary
returns for and paying any and all property taxes separately levied
or assessed against its improvements on the Property. TENANT shall
reimburse CITY as additional rent its proportionate share of any
increase in real estate taxes levied against the leased Property in
excess of the taxes due for the 1994 real estate taxes on the real
property in which the leased premises are a part and payable and
are not separately levied or assessed against TENANT, s improvements
by the taxing authorities.
11. TENANT upon termination of this Agreement shall within a
reasonable period (which shall not exceed 60 days), remove its
personal property and fixtures, reasonable wear and tear excepted.
If such time for removal causes TENANT to remain on the property
after termination of this Agreement, TENANT shall pay rent at the
then existing monthly rate or on the existing monthly pro-rata
basis if based upon a longer payment term, until such time as the
removal of personal property and fixtures are completed. If TENANT
fails to remove its personal property and fixtures within said time
periodi CITY may remove TENANT's property at TENANT's expense.
. 12. Should the CITY, at any time during the term of this
Agreement, decide to sell all or any part of the Property (the
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Property to include only the parcel leased hereunder) to a
p4rchaser other than TENANT, such sale shall be under and subject
to this Lease Agreement and TENANT's rights hereunder, and any sale
by the CITY of the portion of this Property underlying the right of
way herein granted shall be under and subject to the right of the
TENANT in and to such right of way. CITY agrees not to lease or
use any other areas of the adjoining parcel upon which the Property
is situated for placement of other communications facilities if, in
TENANT's reasonable judgment (which shall not be arbitrary), such
installation would cause interference with TENANT's equipment or
interfere with TENANT's quality of service. TENANT agrees that
this Agreement shall not abridge or limit the right of the CITY to
use its property for municipal purposes.
13. CITY covenants that TENANT, on paying the rent and
'Performing the covenants shall peaceably and quietly have, hold and
enjoy the Leased Property.
14. CITY covenants that CITY is seized of good and sufficient
title and interest to the Property and has full authority to enter
into and execute this Agreement. CITY further covenants that there
are no other liens, judgments or impediments of title on the
Property.
15. It is agreed and understood that this Agreement contains
all agreements, promises and understandings between the CITY and
TENANT and that no verbal or oral agreements, promises or
understandings shall be binding upon either the CITY or TENANT in.
any dispute, controversy or proceeding at law, and any addition,
variation or modification to this Agreement shall be void and
ineffective unless made in writing signed by the parties.
16. This Lease Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the
State of Florida.
17. This Agreement may not be sold, subleased, assigned or
transferred at any time except to TENANT's principal, affiliates or
subsidiaries of its principal, or to any company upon which TENANT
is merged or consolidated. As to other parties, this Lease may not
be sold, subleased, assigned or transferred without the written
consent of the CITY, such consent not to be unreasonably withheld.
18. All notices hereunder must be in writing and shall be
deemed validly given if sent by certified mail, return receipt
requested, addressed as follows (or any other address that the
party to be notified may have designated to the sender by like
notice) -
TENANT: BellSouth Mobility Inc
40 6
500 Cypress Creek Road, west
Suite 700
Fort Lauderdale, Florida 33309
ATTN: Manager Real Estate
CITY: CitY of Tamarac
C/o City Manager
7525 N.W. 88th Avenue
Tamarac, Florida 33321
With a
COPY to: City of Tamarac
C/O City Attorney
7525 N.W. 88th Avenue
Tamarac, Florida 33321
19. This Agreement shall extend to and bind the heirs,
personal representatives, successors and assigns of the parties
hereto.
20. If the whole of the leased premises or such portion
thereof as will make the premises unusable for the purposes herein
leased, are condemned by any legally constituted authority for any
public use or purpose, then in either of said events the term
hereby granted shall cease from the time when possession thereof is
taken by public authorities, and rental shall be accounted for as
between CITY and TENANT as of that date. Any lesser condemnation
Is shall in no way affect the respective rights and obligations of
CITY and TENANT hereunder. Nothing in this provision shall be
construed to limit or affect TENANT's right to an award of
compensation of any eminent domain proceeding for the taking of
TENANT's leasehold interest hereunder.
21. CITY shall hold TENANT harmless from and indemnify TENANT
against and from any damage, loss, expenses or liability resulting
from the discovery by any person of hazardous substance generated,
stored, disposed of, or transported to or over the Property, as
long as such substance was not stored, disposed of, or transported
to or over the Property by TENANT, its agents, contractors,
employees, or invitees. TENANT will be responsible for any and all
damages, losses, and expenses and will indemnify CITY against and
from any discovery by any persons of such hazardous wastes
generated, stored, or disposed of as a result of TENANT's equipment
and use of the subject Property.
22. CITY and TENANT agree that a copy of this Agreement shall
be recorded among the Public Records of Broward County, Florida,
upon execution of this Agreement. CITY and TENANT agree to take
such actions as may be necessary to permit such recording or
filing. TENANT, at TENANT's option and expense, may obtain title
insurance on the space leased herein. CITY shall cooperate with
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TENANT' s efforts to obtain such title insurance policy by executing
doau ' ments or, at TENANT, s expense, obtaining requested
documentation as required by the title insurance company. if title
is found to be defective, CITY shall use diligent effort to cure
the defects in title.
23. TENANT agrees, one time during the term of this Agreement
and if requested by the CITY, to relocate and construct its
Communication Facility, at its cost and expense, to another
location within 3.,000 feet from the Property, that is mutually
acceptable to both CITY and TENANT. CITY agrees to assume and be
responsible for all applicable application fees and costs that may
be associated with the site plan or approval process necessary to
relocate TENANT's communication equipment. After CITY has secured
all required site plan and zoning approval, TENANT will construct
its replacement facility and upon completion will restore the
original site to a condition reasonably acceptable to CITY under
the then existing circumstances.
24. In connection with any litigation arising out of this
Agreement, the prevailing party, whether CITY or TENANT, shall be
entitled to recover all costs incurred including attorney's fees
for services rendered in connection with any enforcement or breach
of contract, including appellate proceedings and post judgment
proceedings.
25. In accordance with Florida Law, the following statement
is hereby made:
RADON GAS: Radon is a natural occurring radioactive gas
that, when it has accumulated in a building in suf f icient
quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings
in Florida. Additional information regarding radon and
radon testing may be obtained from your county public
health unit.
26. This Agreement shall be construed and interpreted under
the laws of the State of Florida and venue shall be in Broward
county, Florida.
27. This Agreement shall be executed in three (3)
counterparts, each of which shall be deemed an original, and such
counterparts shall constitute but one and the name Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and affixed their respective seals the day and year first above
written.
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•
CITY
CITY OF TAMARAC
ATTEST:
B t cam-- �`,� � _....
Y: By:
Robert S. Noe, Jr., Oxman Abramow tz, Mayor
City Manager
ATTEST:
BY : a&w-4:
Carol A. Evans, City Clerk
STATE OF FLORIDA
COUNTY OF BROWARD
Date:
By:.
Robert S. Noe, Jr.,
City Manager
Date:
AS TO FORM:
Mitchell 9�1
City Attorrn
I HEREBY CERTIFY that on this %-o
1994, before me personally a —�-- day of ,
P Y appeared Mayor Norman Abr owitz of the
City of Tamarac, who is ppKeQlLally known to 0
My Commission Expires:
NVART Man STATE W F'tO M
my tOISSION EXP.
EONDEED THRU GE-ULMI14"S.6UND�
Q.
NOTARY PUBLIC
• Signed, sealed and delivered
in the presence f:
Witness
Print: BRf*A/ 884ko rnC
STATE OF FLORIDA
COUNTY OF BROWARD
I HEREBY CERTIFY that on, this I3t day of 5emcm6er ,
1994, before me personally appeared ,
as of BELLSOUTH M0141LITY INC, who is
persona].l,y known to me or —who has preduced
eanoa
My Commission Expires: 3/2R/ 97
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EXH161 T 'A" SITE "CDL L
SKETCH OF LEGAL DESCRIPTION
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EXHIBIT "B" SITE "CDLL"
LEGAL DESCRIPTION
A portion of Section 6, Township 49 South, ftnge 41 East,
Broward County, Florida,,..being more particularly described as
follows:
Commencing at the Northeast corner of said Section 6;
thence 5.00*06'44"E. along the East -line of said Section 6,
3282.12 (catc. & mass.), 3214.80 (deed) feet to a point; 7.
thence S.48*12138"W., 514.99 feet to a point: theno# S.010
22'47"W., 21.20 feet to the Point of Beginning; thence 5.890
3T'13"E., 3.00 feet to a point: thence S.01'22'47"W., 15.00
feet to a point; thence N.8803T113"W., 7.50 feet to a point;
thence continue N.88*3V13"W., 5.00 feet to a point; thence
continue N.9803T'13"W., 19.30 feet to a point; thence N.01'
22'47"E., 15.00 feet to a point; thence S.88*37113"E., 28.80
feet to the Point of Beginning.. Containing 4T7.0 square feet
or 0.01 acres more or less.
AND
LEASE P'ARCZL�'_2_-
LEGAL DESCRIPTION
portion of Section 6, Tp"nshlp 49 South, Range 41 East,
Broward County, Florida, being more Particularly described as
follows:
Commencing at the Northeast' corner of said section 6;
thence 5.00006'44"R,along the East line of said Sectl'on 6,
3282.12 (cale. & mean.), 3274.80 (dead) feet to a poin't;
thence S-48*12'38"W., 614.99 feet to & point; thence S.016
22'47ftW., 21.80 feet to a point; thence S-8803T'13"E., 3.00
test to &-P01"t'. thence S-01022'-47N., 13-00 feet to a point;
thence N-88437113"11., T.50 feet to a point; thence 3.014
22147"W., 29-00 feei to the Point of Beginning; thence S.88*
WIVE., 1-50 feet to a point; thence S-01*22147"W., 8.00
feet to a point; thence N.98937'13"W., 8.00 feet to a poinit;
thence N ' 01'22147"9., 8.00 feet t� a point; thence S.S#*
37113"E., 1.50 feet to a Point; thence continue s.ss
3T'13"E., 6.00 feet to a point# thence continue S.89:
3T'13"E., 1-50 feet to the Point of Beginning. containing 64
square feet or 0.002 acres more or less.
5 FOOf ii5F _ITYiEA_B_U_9i_SjjWWT_ -
LEGAL DESCRIPTION
A portion of Section 0, Township 49 South, Range 41 East,
Broward'County, Florida, being more particularly described as
follows:
Commencing at the Northeast corner of said Section 6;
thence S.00*00'44"E. silong the East line of said Section e,
3282.12 (ogle. & mass.),
3274.80 (deed) feet to a point;
22'47"W., S.
thence S.48012'38-W., 614.99 feet to a point; thence 01.
21-80 fast to a point;'thence S:88'37-13-E., '3.00
feet to a point: thence S-01*2214T'W., 15.00 feet to point;
thence N.88*37'13"W.s T.50 fait to a the Point of aefflnoing;
thence S.01*22'47-W., 29.00-fect to a point. thence N.886
3T'L3"W.,,.,5.00 feet to & point; thence N.014221470K 29,00
feet to a point; thence S.-SO&37113NE., 6.00 illat t"t'he Point
of Beginning. Containing 140,0 square fe
more or less. at or 0.003 acres
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472,02, Stabs of -Florida.
COMM. NO. 3560.39 8-18-'94 SHEET I OF'R'
AWGAN a 4n. inz? ga W" QW A W J07V CLA
LR.O.F.E.S�s�10N,41. SURVEY CONStI4 TANTS
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to_;; AMW$&MM
Exhibit 2
-C'2V—e_
0
0
FIRST AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
THE CITY OF TAMARAC, FLORIDA
AND
BELLSOUTH MOBILITY INC
This FIRST AMENDMENT TO LEASE AGREEMENT (hereinafter referred
to as "Amendment") is made and entered into this 30 --"6 day of "' r
— 1 1997, between CITY OF TAMARAC, a municipal corporatio& of
the State of Florida, whose address is 7525 N.W� 88th Avenue,
Tamarac, Florida 33321 (hereinafter referred to as "LESSOR") and
SELLSOUTH MOBILITY INC, whose address is 5201 South Congress
Avenue, Boca Raton, Florida 33487 (hereinafter referred to as
"TENANT").
W'ITNESSSTH:
WHEREAS, LESSOR and TENANT entered into a Lease Agreement,
dated September 16, 1994, hereinafter referred to as "Agreement",
for a parcel of real property containing approximately 500 sq. ft.
of space on the ground for the installation of a prefabricated
communications building or construction of a communications
building and cellular tower (said leased parcel and tower
hereinafter called "Property"). The Property is more specifically
described in and substantially shown outlined in red on Exhibit "All
attached hereto and made a part hereof; and
WHEREAS, TENANT and LESSOR now desire to increase the size of
the leased parcel to include room for a permanent generator for
TENANT's use, Plans depicting the additional space for the
generator shall be shown on Exhibit "B", attached hereto and made a
part hereof; and
WHEREAS, the Parties desire to modify and amend the Agreement
to properly reflect their present understanding and agreement;
NOW, THEREFORE, in consideration of the execution of this
First Amendment to Agreement, the mutual terms, covenants and
I
conditions contained herein and or -her good and valuable
consideration, the receipt of which is hereby acknowledged from one
party from the other, the Parties hereto do hereby agree as
follows:
I - The foregoing recitations are true and correct and are
hereby incorporated herein by reference.
2. The portion of real property' known as the "Property"
shall be increased from approximately 500 square feet of ground
space to approximately 650 square feet of ground space, the
additional space to be used for TENANT's generator, such generator
space to be located as shown on Exhibit "B" attached hereto and
made a part hereof.
3. This increase in the size of the lease Property shall
result in an increase in the monetary consideration due from TENANT
to LESSOR, f rom an annual rental of THIRTEEN THOUSAND FIVE HUNDRED
DOLLARS ($13,500.00), plus applicable taxes, to an annual rental of
FIFTEEN THOUSAND FIVE HUNDRED DOLLARS ($15,500.00), plus applicable
taxes.
4. LESSOR and TENANT agree that a copy of this Amendment
shall be recorded in the Public Records of Broward County, Florida,
when and if the Agreement is so recorded.
5. All other terms and conditions of said original option
and Lease Agreement not inconsistent with this Amendment shall
remain in full force and effect. The invalidity of any provision
hereof shall in no way affect or invalidate the remainder of the
Agreement or this Amendment.
O�
•
n
f..
IN WITNESS WHEREOF, the parties have executed this First
Amendment to Agreement on the date and year first above written.
LESSOR
Signed, sealed and delivered
in the presence of:
CI OF TAMARAC
Witness �1 Print Name:
Print Name: ` U // Title: City Hagar
r'
Executed on 30 day of April
Witne S 1997.
Print Name • �U Q - 5,*r ry L7Tl
STATE OF FLORIDA:
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 30 day
of April ....._, 1997, by Joe Schreiber =dRQbert S- me, -'Tr.'
(check one) [ X ? who is personally known to me or [ ) who has
as identification and who did
(did not) take an oath.
Az"4�
NO ARY PUBLIC PV
Print Name: Ph llis Polikoff
My Commission Expires:
Carol A. ans - City Clerk
F
'7FHCIAL NOTARY SEASPHYLLIS POLIKO"
n COMMISSION NUMSEq
10,
CC390392
Mr COMMISSION UP.
SEPT Z3 1998
(Seal)
V
Schreiber - Ma --
tclze 1 s. ft - City Attorney
Approved as form
�J
•
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Signed, sealed and delivered
in the presence of:
Witness
Print, Name
Witness%
Print Name • �--
'TENANT
�q-,�BLLLSOUTH MOBILITY INC
B
Print Name:
Title: REGIONAL VI PRESID T
Executed on 'day of
1997.
STATE OF FLORIDA;
COUNTY OF : 5-lowwd
The foregoing instrument was acknowledge� beforethis 2t day
of , 1997, by �,.•-' as
.; r. of BELLSOUTH MOBILITY INC, a Georgia
corpo
ora n, (check one) C ✓) who is personally known to me or [ l
who has produced - �..�.�- as
identification and who did i(c�d�) take an oath.
My Commission Expires:
4
kkk�&
NOTARY PUBLI
ai
Print Name:
f�Lf nh
(Seal)
FY141FIlT -4- 5/TF' "CO, I -
SKETCH OF LEGAL DESCRIPTION
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ATLANTA, GA 30309-3610
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THIS IS TO =TIFY THAT POLICIES OF INSURANCE LIUM HEREIN KAVE BEEN ISSLIEDID THE INSURED NAWD HEREIN FOR THE POLICY PERIOD INOWATED.
NOTWITHSTANDING AW REMREMM. TM OR CONDITION OF AW CONTRACT OR OTHER DOCUNIENT WITH RESPECT TO WHICH THE CERTIFICATE MAY
BE MUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES LISTED HERON IS SUBJECT TO ALL THE TERM86 CONOITION5 AND EXCUMM
OF $UCM POLICIES. LINTS SHOWN MAY HAVE BEEN REDUGEJ BY KVD CUUM&
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EEICRFnON OF OPERATIMADGATIO04rVOUX11111111PECIAL "EN
CXRVIFlCATZ 11OLDRR X8 AN ADDITIONAL INSURZD AB ITS XNTERROT MAY APPZAR-
RE: LZABB ADDENDUM
SHOULD ANY OF THIE POLICIES LISM HERON 96 CANCELLED BEFORE THE EXPIRATION DA79
61TY Or TAMARAC THEREOF. THE INSURER AFFOROM COVOUIAE WILL ENDEAVOR TO MAIL 30 iDAvswmTrFN
C/O CITY UAMAGZR NOTICE TO THE CERTIFICATE HOLM OMMOK-114WFAILLIRE,70 MAIL SUCH NOTICE
7925 N,V, 88TI 8TRZ8T $HALL 0APOS9 NO OBLIGATION OR LIABILITY OF ANY IOND UPOMAK INSURER AFFORDING
TAMARAC, rL 33321 Covemm- ITS AGENTS QjfKPR8WAVVEA OR IW MW J?F THIS CERTIFICATE.
vAFM a MaLumN,
PAR VwvILifs-an 4/29/97 1
PAGE 1 .1 or I
A
Cell Site No. CDLL
Market: South Florida
Address: 9901 NW 77 1h Street, Tamarac, FL 33321 Parcel ID: 4941-05-01-0421
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment"), dated as
of the latter of the signature dates below, is by and between City of Tamarac, a municipal
corporation, having a mailing address of 7525 NW 88th Avenue, Tamarac, Fl, 33321 (hereinafter
referred to as "Landlord") New Cingular Wireless PCS, LLC d/b/a Cingular Wireless, a
Delaware limited liability company (as successor in interest to BellSouth Mobility, LLQ, having
a mailing address of 6100 Atlantic Blvd., Norcross, GA 30071 (hereinafter referred to as
"Tenant").
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated September 16,
1994 and a First Amendment to Lease Agreement dated April 30, 1997, whereby Landlord leased
to Tenant certain Premises, therein described, that are a portion of the Property located at
9901 NW 77th Street, Tamarac, FL 33321 ("Agreement"); and
WHEREAS, Landlord and Tenant desire to amend the Agreement to modify Exhibit B of
the First Amendment to Lease Agreement; and
WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice
section thereof; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement
as set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant agree as follows:
1. Exhibit B of the First Amendment to Lease Agreement shall be deleted in its entirety and
replaced with a new Exhibit B attached hereto.
2. Notices. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the
following: NOTICES. All notices, requests, demands and communications hereunder will be
given by first class certified or registered mail, return receipt requested, or by a nationally
recognized overnight courier, postage prepaid, to be effective when properly sent and received,
refused or returned undelivered. Notices will be addressed to the parties as follows. As to
Tenant, c/o Cingular Wireless LLC, Attn: Network Real Estate Administration Re: Cell Site #
CDLL, Cell Site Name CDLL, 6100 Atlantic Boulevard, Norcross, GA 30071, with a copy to
Cingular Wireless LLC, Attn: Legal Department 15 E Midland Avenue, Paramus, NJ 07652 Re:
-1- 2005 Fonn Amendment
A
4A
Cell Site # CDLL, Cell Site Name CDLL. Either party hereto may change the place for the
giving of notice to it by thirty (30) days prior written notice to the other as provided herein.
3. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly
set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force
and effect. Each reference in the Agreement to itself shall be deemed also to refer to this
Amendment.
4. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
IN WITNESS VVHEREOF, the parties have caused their properly authorized
representatives to execute and seal this Amendment on the dates set forth below.
LANDLORD:
City of Tamarac, a municipal corporation
By:
NarneJewe"i,
Title: Ci hj [haj3Q G&C
Date:
BY:
Name'�Aor' Schrel 12 a
Title: MAYOR
Date:
TENANT:
New Cingular Wireless PCS, LLC, a
Delaware limited liability company
By:
Name: William Schutts
Title: Exec. Director -Network
Date:
-2- 2005 Form Amendment
A
1100FALUIRIX4114MMUT _W46-0mcial
STATE OF FLORIDA
COUNTY OF (�al V% -�CgG�� )ss:
Itm
On the 171 day of 2005 before me personally appeared
W'm!LAMW—� I and acknowledged under oath that he is the
f.�W.L -U�Mcjtr �Drj&,- of New Cingular Wireless PCS, LLC, the
named in the attached instrument, and as such was authorized
to execute this instrument on behalf of the P-L r) 4MAX01-Wt &�9� ft�'
W
--b2U"E26Q- Ld�-
Notary Public: tateofHorida
My Commission Expir : .691( Notary Public S
-T, David J MeOwl(l
. My Commission DD459203
44
Expire$ 08/0712009
am]
STATE OF FLORIDA
COUNTYOF ArpujoJ
I CERTIFY that on DedembCl(- _j&—, 200S,
�d-�rcm LMAlfZ andJoekhrei plame of represeDtative] personally came before me and
acknowfedged under oath that lwlor. jh
TIC
(a) 4e the CAm' on(;;) -I- [title] of the City of Tamarac, a municipal
q Nd
corporation named in the attached instrument,
(b) was authorized to execute this instrument on behalf of the corporation and
(c) executed the instrument as the act of the corporation.
?"I n f 1'%AA ?e�
No6y Public i Marion Sorphos
My Commission Expires:— ill r(V: t. i M � Comrniission D0260272
tZe Emitm outiotper 24,2007
9911
2005 Form AniLndment
M9
I_ i11 01W
COMPOUND AND
ELECTRICAL PLAN
7
2005 Form Amendment