HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-211Temp. Reso # 10689
November 2, 2005
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-a?//
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A SITE LEASE AGREEMENT AND
MEMORANDUM OF AGREEMENT WITH OMNIPOINT
HOLDINGS, INC., A DELAWARE CORPORATION, D/B/A T-
MOBILE FOR THE INSTALLATION OF A
TELECOMMUNICATIONS ANTENNA AND ASSOCIATED
EQUIPMENT ON THE EXISTING TOWER AT TAMARAC PARK;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE ANY PERMIT APPLICATIONS AS MAY BE
REQUIRED ON BEHALF OF THE CITY AS OWNER OF THE
PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Omnipoint Holdings, Inc., a Delaware corporation, d/b/a T-Mobile
requested a Site Lease Agreement, attached hereto as "Exhibit 1 ", and a Memorandum of
Agreement, attached hereto as "Exhibit 2", for the installation of an antenna and associated
equipment on the existing tower at Tamarac Park; and
WHEREAS, the proposed agreement is for five (5) years with three (3) automatic five
(5) year extensions thereafter; and
WHEREAS, T-Mobile will pay $33,700 per year for this lease with five percent (5%)
automatic annual increases; and
WHEREAS, additional telecommunications antennas in the City will enhance the
quality of wireless telephone reception; and
WHEREAS, the Director of IT recommends approval of the agreements; 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 authorize the appropriate
City Officials to execute a Site Lease Agreement and Memorandum of Agreement with
Temp. Reso# 10689
November 2, 2005
Page 2
omnipoint Holdings, Inc., a Delaware corporation, d/b/a T-Mobile for the installation of a I
telecommunications antenna and associated equipment on the existing 100-foot tower at
Tamarac Park.
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 Site Lease
Agreement, attached hereto as "Exhibit 1 ", and Memorandum of Agreement, attached here to
as "Exhibit 2", with Omnipoint Holdings, Inc., a Delaware corporation, d/b/a T-Mobile for the
installation of a telecommunications antenna and associated equipment on the existing tower
at Tamarac Park, for an annual lease amount of $33,700 with five percent (5%) automatic
annual increases.
SECTION 3: The appropriate City Officials are authorized to execute all permit
applications as may be required, on behalf of the City as Owner of the property.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION.5: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution. I
I
I
Temp. Reso # 10689
November 2, 2005
Page 3
SECTION 6: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED thiso73 day of 2�005-
ATTEST:
MARION �SWE-N�SON, �CMC�
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
�0'4w 11 /2 - 9/p 'r& -
SAMUEL/$r GOREN
CITY ITORNEY
,_.,/JOE SCHREIBER
Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
Cell Site#- F146 State: Florida County Broward
Con Site Name: Tamarac Park
TR10689
E)CRIBIT I
SITE LEASE AGREEMENT
THIS Lease is dated and entered into on fIMMbed & 3 2005 ("Execution Date") between The City of Tamarac, a
Florida municipal corporation with principal offices located at 7525 NW 8814 Avenue, Tarnarac, FL 33321 ("Landlord"), and
Omnipoint Holdings, Inc,, a Delaware corporation, d/b/a T-Mobile ("Tenant").
I Leased- &gRLM apd ren — 6" section (the
jofto Uses. Landlord hereby leases to Tenant a 15' x. 20'
"Ground Space") of certain real property (the "Property") shown by sketch and legal description on Exhibit "A" attached hereto,
having a street address of 7501 North University Drive, Tamarac, Florida 33321. It is understood that Tenant intends to occupy
exclusive space at the 67 foot level (the "Tower Space") on the Tower, Landlord further grants to Tenant for the tema of the
Lease, a non-exclusive easement (the "Easoment") upon adjoining property owned by Landlord for the purposes of pedestrian
and vehicular ingress and egress to and from an open and improved public road and for the installation and operation of utilities
servicing the Property and for the construction, operation, and mamtenance of all improvements thereon (the location of the
asement is also shown on Exhibit "A"). The Ground Space, the Tower Space and the Easement are collectively referred to as
the "Leased Property," The Leased Property may be used for (i) the transmission and reception of ooninumication signals, (ii) the
construction, operation, alteration, maintenance, repair, replacement and relocation of related Mlities, towers, antennas,
equipment and buildings to provide wireless telecommunication services, and (iii) activities related to any of the foregoing
(collectively, the "renanVs Permitted Use").
Tenant acknowledges it is leasing ground space and tower space on a monopole on city property, within a city owned
compound.
2, Initial Termjhc initial term of this Lease shall be 5 years, commencing on the Rent Commencement Date.
The initial term of this Lease shall expire at Nfidnight on the day before the Sth anniversary of the Rent Cornmencement Date.
3. Renewal TerMs. This Lease shall automatically renew for 3 additional five-year terms (each
being a "Renewal TernV), unless Tenant notifies Landlord in writing of Tenant's intention not to renew this
Lease at least 60 days prior to the expiration of the ii6tial term or any Renewal Tenn
4. &nt t for the commencement
, Within thirty (30) days of the date on which Tenant obtains its building permi
of construction of Tenant's Antenna Facilities, as hereinafter -defined (the "Rent Commencement Date"), Tenant shall pay to
Landlord the sum of Tlitty4bree-thousand-seven-hundred Dollars per year Q21200.00
) ("Rent"). Rent shall be payable within
30 days following each anniversary of the Rent Commencement Date (each such anniversary being referred to as an
"Anniversary Date") to Landlord at City of Tamarac, 7525 N.W� 88th Avenue, Tamarac, Florida 33321-2401, Attention: Finance
Department. Landlord will provide the requisite information for Tenant to pay Rent by direct deposit to Laudlord!s bank, but the
implementation of the direct deposit system shall be at Tenant's sole expense.
On each Anniversary Date, Rent shall be increased to an amount equal to one hundred five percent (105%) of
the annual Rent for the lost twelve-month period immediately prior to the adjustment (exclusive of sales tax). If this Lease is
terminated on a day other than the Anniversary Date, then Rent "I be prorated as of the date of termination, and in the event of
termination for any reason other than nonpayment of Rent, all prepaid Rent shall be promptly refunded to Tenant.
5, Due Diligence Peri2d. For 90 days fi-om the Execution Date, Tenant and its agents, engineers, surveyors and
other representatives shall have the right to enter upon the Property to conduct geological or engineering tests, apply for and
obtain applicable governmental permits and approvals, and otherwise to do those things on or off the Property that, in the opinion
of Tenant, are necessary to determine the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's
expense ("Due Diligence Period"). Tenant shall not be liable to Landlord or any third party on account of any pro -existing defect
or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. X in
the sole and absolute opinion of Tenant, the Property is not suitable for Tenant's intended use, or Tenant determines that the
operation of a comniunications facility on or within the Property would not be in Tenant's best interest, Tenant shall have, the
right at any time prior to the expiration of the Due Diligence Period to terminate this Lease by sending written notice of
tonnination to Landlord. Thereafter, neither Landlord nor Tenant shall have any further obligation or liability under this I -ease
except as otherwise provided herein.
Page I of 6
Cell Site* F146 State: Florida County: Broward
Cell Site Narm: Tamarac Park
6- Interference,
A, Tenant shall not use the Property in any way that interferes with the use, of the Property by
Landlord, or by tenants or tenants of Landlord holding rights to the Property m the Execution Date of this Leasc; provided,
however, that Landlord hereby acknowledges that Tenant's use of the Property forTeriant's Permitted U-0 shall not constitute an
impermissible interference by'l'cnar)t- Furthermore, Tenant shall operate the Antenna Facilities (as defined below) in a manner
that will not cause interf4ence to Landlord and other tenants or licensees of the Property. Landlord shall be able to terminate this
Lease iffenants Antenna Facilities interferes with Landlord's equipment or interferes with any other third-parly tenant or their
equipment, provided that such third-party's equipment is installed as of the Execution Date, and provided that Tenant has been
unable to eliminate such interference within thirty (30) days after receipt of notice of such interference from Landlord. If
Landlord terminates this Lease pursuant to this Section, Tenant shall remove immediately its equipment fi-orn the Property. All
operations by Tenant shall be in compliance with all Federal Communications Commission ("FCC") requirements.
B. Subsequent to the Execution Date, Landlord shall not, and shall not permit its tenants or licensees
to, install new equipment on the Property or property contiguous thereto owned or controlled by Landlord, ifsuch equipment is
likely to cause interference with Tenants operations. Such interference shall be deemed a material breach by Landlord. In the
event interference occurs, Landlord shall, upon being advised of such interference by the Tenant, notify the third party of such
interference. In the event Landlord fails to comply with this paragraph, within. 00 days,Tetiaut may terminate this Lease and/or
pursue any other remedies available under this Lease, at law, and/or at equity.
Improvements; Utilities; Access.
A. Tenant shall have the right, at its expense, to install, construct, maintain, modify, supplement,
replace and upgrade a corntriunications facility on The Property, which may include radio transmitting and receiving antennas,
equipment shelter-, and other improvements relating thereto (collectively the "Antenna Facilities") provided that the space of the
equipment and the space occupied remains the same or less. All work by Tenant shall be performed in compliance with
applicable laws and ordinances. Tenant is not authorized to contract for or on behalf of Landlord for work on, or the fUniishing
of materials to, the Property or any other part of the Property, and Tenant shall discharge of record by payment, bond or
otherwise, within 20 days subsequent to the date of its, receipt of notice thereof ftorn Landlord, any mechanic's or construction
liens filed against the Property for work- or materials claimed to have been firraislied at the instance of Tenant.
B. Tenant shall, at. Tenants expense, keep and maintain the Leased Property in cominercially
reasonable condition and repair during the torm of this Lease. The Antenna Facilities shall remain the exclusive property of
Tenant, and Tenant shall have the right to remove all or any portion of the Antenna Facilities at any time during the term of this
Lease. Within a reasonable period following the expiration of the term of this Lease (as such term may be renewed fi= time to
time in accordance with Section 3 above), Tenant shall (i) remove the Antenna Facilities and return the Leased Property to
Landlord in visibly the coridition existing as of the Rent Corrimenoermirt Date, reasonable wear and tear excepted,
C� Tenant shall, at Tenant's expense, cause the utilities servicing the Antenna Facilities to be
separately metered. Further, Tenant shall have the right, at Ten=6-, expense, to install or improve utilities serving the Property
(including, but not limited to, the installation of enj6Tgency power generators)-
D_ lAndlord shall provide Tenant with 24 hour, 7-day per week access to the Property for the
installation, maintenance and operation of the Antenna Facilities and any utilities serving the Property.
8. Terminatiqu. This Lease may be terrninaI4 without any penalty or fluther liability, as follows:
A, by Landlord if Tenant fails to cure a default for payment of amounts due under this
Lease within 15 days afterTenant's receipt of written notice of default fi-orn Landlord;
B_ by either party if the other party defaults (other than a default described in Section 8,A above) and
fails to cure such default within 30 days after written notice of such default is received by the defaulting party fi-ont the non -
defaulting party; provid4 however, that if such default is capable of being cured, but not within such 30-ca y period, this Lease
may not be letTirinated so long as the defaulting party commences appropriate curative action within such 30-day period and
thereafter diligently prosecutes such curc to completion as promptly as possible-,
C. by Tenant on 30 day-, prior written notice if it is unable to obtain, maintain or otherwise fbrfL�its or
cancels any license, permit or governmental approval necessary for the construction or operation of the Antenna Facilities or
Page 2 of 6
Cell Site* E146 State: Florida County: Broward
Cell Situ Name: Tamarac Park
Tenant's actual or intended use of the Property, or Tenant detern-rincs 1hat it would be commercially unreasonable to obtain or
rwintain the same; or
D. by Tenant on 30 days prior written notice if Tenant determines, in its reasonable discretion
exercised in good faith, that based m (i) technology, (ii) interference with use of the Property resulting fi-om. the ads of any third
party, art act of (Iod or from other natural forces or (iii) changes in system design or system usage patterns, Tenant's use of the
Antenna Facilities (as the same may have been modified from time to time) is no longer consistent with the optimal operation of
Tenanfis commuDication system or such continued use would be con-irriercially unreasonable,
Casualty and Condemnation.
A, If any part of the Antenna Facilities is damaged by fire or other casualty so as to prevent the
continuation of Tenant's Pernfitted Use in a commercially reasonable manner, then Tenant my terminate this T"se by providing
written notice to Landlord, which termination shall be effective as of the date of such damage and/or destruction. Upon such
termination, Tenant shall be entitled to collect all insurance proceeds payable on account thereof and to be reimbursed for any
prepaid Rent.
B. if any part oftbe Property or the Antenna Facilities is taken by eminent domain, or by a deed in
lieu of condemnation, so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable maurter, then
Tenant may terminate this Lease by providing written notice to Landlord, which lenraination shall be effective as of the date of
the vesting of title in such taking. Upon such termination, Tenant shall be entitled to be reimbursed for any prepaid rent.
Landlord andTonant shall each be entitled to pursue their own separate awards with respect to any taking by eminent domain-
10. Taxes. Tenant shall. pay to Landlord any applicable sales tax on the Rent, and Landlord shall be responsible
fbr rernitting such tax to the appropriate government entities. Tenant shall pay any personal and real property taxes assessed on,
special asse%sincnts or any portion of such taxes attributable to, the Antenna Facilities.
Landlord's Federal Tax ED # is 59-1039552
IL insurance and Sgbrogation. Tenant Shall obtain at Tenant's expense all necessary insurance in such form
and amount before beginning work, including, but no limited to, Workers' Compensation Insurance, Automobile Liability,
General Liability Insurance, and all other insurance required by law. Tenant shall maintain such insurance in full force and effect
during the life of this Lease. Tenant shall. provide the City's Risk Manager, certificates of all insurances required under this
section prior to beginning any work under Ibisi-case. Each party shall obtain from its insurers policies of fire, theft and other
casualty insurance covering their own property or any portion tliereof, improvement-, tbercm or operations therein.
Tenant shall indemnify and bold Landlord harinle&% of any damages resulting firoin failure of the Tenant to take out and
maintain such insurance. Tetiarit's General Liability Insurance policies shall be obtained in an aggregate amomt of at least
$1,000,000 and shall be endorsed to add the City as an additional insured. Tenant shall N. responsible far payment of all
deductibles and self insurance retention on Tenant's liability insurance policies-
12. Hold Harmless. Tenant shall indernnify and hold Landlord barn-Aess from and against injury, loss, damage or
liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorney's fees and court costs)
arising from the installation, use, maintenance, repair or removal of the Antenna Facilities or the beach of this Lease, except to
the extent attributable to the negligent or intentional act of ornission of Landlord, its employee, agents or independent contractors,
13. Notices. All notices, requests, dernands and other communications hereunder writing and shall be deemed
given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following
addresses:
To Landlord: City of Tamarac
7525 N,W, 98tb Avenue
'ramarac, Florida 33321-2401
ATTN: City Manager
With a Copy To: City of'famarac.
7525 NW 88 Avenue
Tamanic, Fl. 31321
AT'l-N: City Attorney
Page 3 of 6
Cell Site#: F 146 State: Florida
Cell Situ Name: Tamarac Park
County: Broward
ToTenant: Orrinipoint Holdings, hic.
12920 SE 38 th Street
Bellevue, WF 98006
Attn: PCS Leasing Administrator
With a copy to: Orrinipoint Holdings, Inc.
Attn-. Lease Administrator
8100 SW 10' Street
Building 3, Suite 1000
Plantation, Fl., 33324
14. Quiet Eni2jWent, Title and AuthorLq. Landlord covenants and wari-4tits that (i) it has full tight, power and
authority to execute this Uase and has the power to grant all Tights hereunder; (ii) it has good, marketable and unencumbered
title to the Property free and clear of any liens, incirtgages, restrictions or other encumbrances that will interfere with Tenant's
Permitted Use; (iii) its execution and performance of this Ixase will not violate any laws, ordinances, covenants, or the
provisions of any mortgage, I -ease or other agreement binding cm Landlord; (iv) Tenant shall have the quiet enjoyment of the
Property, and Tenant shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period; and (y)
if the Property is encumbered by a deed to secure debt, mortgage or other security interest, Landlord will use its best efforts to
provide promptly to Tenant a fully signed Subordination, Non-Disturbaacie. and Attornmerit Agreement in a form acceptable to
Tenant.
15, Enviropment As used herein, the term 14"viroturiental Laws" shall mean any and all local, -date or
federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used herein, the term
"Hazardous Substance- shall mean any toxic or hazardous waste or substance (including, without litnilation, asbestos and
petroleum. products) that is regulated by Environmental Laws.
Tenant represents, warrants and agrees that it will cmduct its activities on the Property in compliance with all
applicable Environmental law-,- Landlord represent,, warrants and agrees that it has in the past and will in the future conduct its
activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of any Hazardous
Substance as of the date of this I xase.
Landlord shall be resTmnsible for, and shall promptly conduct any investigation and remediatiun as required by
any Environmental Laws or common law of, a] I spills or other releases of Hamrdous Substance, not caused solely by Tenant, that
have occurrud or which may ocrur on the Property or surrounding property owned by Landlord-
-renarit agrees that it will not use, generate, store, or dispose of any Hazardous Material on, under, about, or
within the Land in violation of any law or regulation. Landlord represents, warrants, and agrees (1) that neither Landlord nor, to
Landlord's knowledge any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or
disposal of, any Ha7ardous Material on, under, about, or within the Land in violation of any violation of any law or regulation,
and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on,
under, about or within the Land in violation of any law or regulation- This paragraph shall survive the termination or this
agreement-
16. Assizameut and Sublelgjqg- Tenant shall not assign this Lease and its tights hereunder without Landlord's
written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant may
assign this I -Rase and its tights hereunder without Landlord's consent to any person or business entity which is a parent,
subsidiary or affiliate of Tenant; controls or is controlled by or under cotrimon control with Tenant; is merged or consolidated
with Tenant or Tenant's parent', or purchases a majority or controlling interest in the ownership or assets of Tenant. Tenant tmy
not sublease the Leased Property. Upon notification to Landlord by Tenant of a purtnitted assignment of this Lease, Tenant sliall
be relieved of all future performance, liabilities and obligations under this Lease.
17, Successors and Asskns. This Lease shall run with the Property and shall be binding upon and inure to the
benefit of the parties, their respective successors, personal representatives and assigns.
Is, Landlord's Lien. Landlord hereby waives any and all lien rights it my have, statutory or ' otherwise,
concerning the Antenna Facilities or any portion thereof The Antenna Facilities shall be deemed personal property for purposes
of this Lease, regardless of whether any portion thereof is doomed real or personal property under applicable law.
Page 4 of 6
Coll Site#- F146 State: Florida County: Broward
Cell Site Name: Tamarac Park
19. Miscellaneous:
A- Each patty agrees to furnish to the othcr,,%rithin 45 days after request. (subject to City Commission
scheduling), such truthful estoppel information as the other may reasonably request. Furthermore, each party shall cooperate in
executing any other documents (including a Memorandum of I -ease, easement agreement, or both) necessary to protect a party's
rights hereunder- Neither party shall record this Lease, but may record the albrcrnentioned Memorandum of Lease-
13- Each party represented in this tnirtsaction by a broker, agent or commission salesperson -,,hall be
fully and exclusively responsible for the payment of any fee, corrunission oyr other compensation owing to such person, and shall
indemnify and bold the other patty harinless from and against any claims arising in connection therewith.
C. Without limiting the terms, of Section 8, if either party fails to perform a material obligation "under
this Lease within 30 days after receiving written notice from the other patty, the party that delivers such notice may perform such
obligation or take other appropriate curative action on behalf and at the expense of the nonperforming party. If the curative
action is taken by Tenant, the expenses, may be offset against the next payment(s) of Rent. If the curative action is taken by
Landlord, the expenses sball be paid by'renant together with the next payment of Rent.
D. The parties acknowledge that a substantial portion of negotiations and anticipated performance and
execution of this Lease occurred or shall occur in the State of Florida. Any civil action or legal proceeding arising out of or
relating to this Lease shall be brought in the Circuit Court of the State of Florida in Broward County. Each party consents to the
jurisdiction of such court in any civil action or legal proceedin& and waives any objection to the laying of venue of any such civil
action or legal proceeding in such court-
E. This Lease constitutes the entire agreement and understanding of the parties with respect to the
Property and subject matter hereof, and supersedes all offers, negotiations and other agreements. There are no representations or
understandings of any kind not set forth herein. Any arnendment to this Leasc must be in writing and executed by both parties -
I, Landlord acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit 13
will be recorded by Tenant in the official records of the County where the property is located.
G- Tenarit may obtain title insurance on its interest in the Premises. Landlord shall cooperate by
executing documentation required by the title insurance company.
11- in accordance with Florida law, the following notice is hereby given to Tenant: "RADON GAS;
RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED E-4 A
BUILDING IN SUFFICIENT QUANTITY, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED
TO IT OVERTIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN
FOUND IN BUILDINGS IN FLORIDA. ADD111ONAL INFORMATION REGARDING RADON AND RADON
TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT". The undersigned Tenant
acknowledges having read the foregoing notification, and has executed this Lease fully aware of the aforementioned conditions.
20. Tower Markinz and Lighting Requiremeots. Landlord acknowledges that it, and not Tenant, shall be
responsible for compliance with all Tower marking and lighting ruquirernents of the Federal Aviation Adrninistration ("FAA")
and the FCC. Should Tenant be cited by either the FCC or FAA because the Tower is not in rnpliance and should Landlord fail
to cum the conditions of noncompliance within the time fimme allowed by the citing agency, Tenant may terminate this
Agreernent immediately on -notice to Landlord or proceed to cure the conditions of noncompliance at Landlord-, expense, which
amounts may be deducted from the Rent.
21. Governmental ApprovAs. It is understood that it shall be the Tenant's sole responsibility to obtain, at
Tenant's sole cost and expcnse, any and all permits, consents and approvals from local, state or federal government authorities as,
required by Tenant to construct and operate Tenant Facilities (collectively, the "Clovernmental. Approvals"). Landlord agree, to
cooper -ate with the Tenant at no cost to the Landlord and to execute such documents reasonably required to obtain the
Government Approvals, with the exception of the approvals required from the City of Tamarac- The making of this Lease does
not constitute an abrogation of the Jandlords goverruriental land development regulatory power, and the Tenant's performance is
contingent upon all such development approvals being obtained- Should the City of Tamarac or another governmental authority
agency with jarisolietion. not approve any required application for development approval, prerequisite to the installation or
operation of the Antenna Facilities, this Lease shall autornatically become null and void as if the same never existed and so as to
not to be the basis in any respect for a damage claim as a result of such denied development order.
22- Compliance with Laws. I-mollord represents that Landlords Property and all improvements located thereon,
are in cotripliance with building, life�/safety, disability, and other laws, codes and regulations of applicable government
authorities. Tenant %kill comply with all applicable laws relating to its possession and use of thel-eased Property -
Page 5 of 6
Cell Site#: F146 State. Florida County: Broward
Cell Site Name: Tamarac Park
Wherefore, the parties hereby enter into this Lease as of the date first set forth abow
AT -TEST:
Marion-5wenson, CMC, City Clerk
t6te: 11,2 _q Q
w
Witness
N
SAI-J',) fl-A V--^Y —ELA-
LANDLORD:
Joq*Ihreiber, Mayor
Date: 1112"
—jef Frey L� Uiffer, City Manager
Date: I I la 9 1 (2!�-
Appr d as to form and legal sufficiency:
r
oi; uv�
of r,6 of th� T�A"orney
TENANT:
Ornnipoint Holdings, Inc.,
0�
1�0 04-er, Director Engineming & Of=ations
Date:_ k Q - i!�- - �C;
h:\2005\050164\agrnts\t-mobile - site lease agreement(revl).doc
Page 6 of 6
Cell Site#: F13675B State: Florida County: Broward
Cell Site Name: Tamarac Park
EXHIBIT "A"
To the Site Lease Agreement dated ' (bJ , 2005 bctwcen THE CITY OF TAMARAC, as Landlord, and Oninipoint
Holdings, Inc., a Delaware corporation, d/b/a T-Mobile USA, Inc., as Tenant.
The Ground Space is a area, together with a non-exclusive easement for the purpose of vehicular ingress and egress and
installation and operation of utilities, identified by the cross hatched area on the sketch below and which is located within the real
property described below:
A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA AND TOGETHER WITH PORTION OF FLORIDA FRUIT LANDS
COMPANY SUB -DIVISION NO ' 2 OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO THE PLAT THREOF, AS RECORDED IN PLAT BOOK1,
PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, THENCE S OW 0644" E, ALONG THE EAST LINE OF SAID SECTION 6- A DISTANCE OF
3274.80 FEET TO THE POINT OF BEGINNING, THENCE 8 60' 29'53" E_ A DISTANCE OF 54-53 FEET, THENCE S 40' 27' 22* W. A DISTANCE OF 575,19 FEET,
THENCE S 08' 32'22"W. A DISTANCE OF 335.00 FEET TO AN INTERSECTION WITH THE ARC OF A CINGULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT
BEARS, N 08' 32' 27 E. FROM THE LAST DESCRIBED POINT, THENCE WESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF
1600.00 FEET, AN ARC DISTANCE OF 45.10 FEET TO THE POINT OF TANGENCY, THENCE N 79' 50' 4C W, A DISTANCE OF 571.66 FEET TO AN INTERSECTION
WITH THE ARC OF A CINGULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS S 78' 52' 09' E. FROM THE LAST DESCRIBED POINT, THENCE
NORTHERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2347.00 FEET, AN ARC DISTANCE OF 752.53 FEET TO THE POINT OF
TANGENCY. THENCE N 29* 30'07" E. A DISTANCE OF 342.76 FEET, THENCE 8 60' 29'53" E, A DISTANCE OF 636.24 FEET TO THE POINT OF BEGINNING.
CONTAINING 14.118 ACRES. MORE OR LESS -
SAID LAND SITUATED, LYING AND BEING IN BROWARID COUNTY, FLORIDA
A PORTION OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA AND TOGETHER WITH PORTION OF FLORIDA FRUIT LANDS
COMPANY SUB -DIVISION NO. 2 OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO THE PLAT THREOF, AS RECORDED IN PLAT BOOK1,
PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6. THENCE S 00' 06 '44" E, ALONG THE EAST LINE OF SAID SECTION 6. A DISTANCE OF
3357.12 FEET TO THE POINT OF BEGINNING, THENCE 8 40' 27'22" E. A DISTANCE OF 72.90 FEET, THENCE S 12' 50'25" W, A DISTANCE OF 765.82 FEET TO AN
INTERSECTION WITH THE ARC OF A CINGULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS, N 12' 50' 25' W. FROM THE LAST DESCRIBED POINT.
THENCE SOUTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1600.00 FEET, AN ARC DISTANCE OF 597.03 FEET, THENCE N
08' 32'22' E. A DISTANCE OF 335.00 FEET, THENCE N 40' 27'22" E. A DISTANCE OF 502-29 FEET TO THE POINT OF BEGINNING. CONTAINING 6.549 ACRES.
MORE OR LESS -
SAID LAND SITUATED, LYING AND BEING IN BROWARD COUNTY, FLORIDA
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TR10689
EXHIBIT 2
Cell Site#: FI,3675B State: Florida County: Broward
Cell Site Name: Tamarac Park
EXHIBIT "B"
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this 1_3 day of CKAL, 2005 by and
between CITY OF TAMARAC, a Florida municipal corporation, with an address at 7525 NW 88 1h Avenue,
Tamarac, FL 33321-2401 (hereinafter referred to as "Lessor") and Omnipoint Holdings, Inc., a Delaware
corporation, d/b/a T-Mobile W&A-,�hereinafter referred to as "Lessee").
Lessor is the owner of a parcel of land located in Broward County, Florida, described in the attached
Exhibit "A" ("Land").
Lessor and Lessee entered into a Communication Site Lease Agreement ("Lease") on the suday of
Akif, , 2005 for a portion of the Land ("Premises") together with the non-exclusive right, privilege, and
easement over and across a portion of the Land for access and utility service thereto, described in the
attached Exhibit "A", for the purpose of installing, operating, and maintaining a radio communications
facility and other improvements.
The erm of the Lease is for five (5) years commencing on P L,�73 2005, and ending on
IWA _, 2010 with three (3) successive (5) year options to renew-.
— I —
Lessor shall not permit itself, its lessees, or licensees, to install new equipment on the Land if such
equipment causes interference with Lessee's operations.
Nothing contained herein is intended to or does change, modify, or affect, any of the terms or provisions of
the Lease or the rights, duties, obligations, easements, and covenants running with the land created thereby,
all of which remain in full force and effect,
IN WITNESS WHEREOF, the parties have made and executed this Memorandum of Agreement
on the respective dates under each sionaturc. CITY OF TAMARAC., through its Mayor and City Manager,
signing by and throughJ_0e&Ar6Ace+ JCk&a_ /. Wj#4eboth duly authorized to execute
same. I
WITNESSES: LANDLORD:
CITY OF TAMARAC,
a Florida municipal corporation
%By:
�OL
c: 11 e Schreibe�
TA6.". M
Date: 11 ;2? 10!�
By:
Name: J�ffrey C Miller
Title: City Mapag
Date: IlAqR
Page 1 of 2
A
Cell Sitek FL3675B
Cell Site Name: Tamarac Park
State: Florida
County: Broward
F.74011LW
By:
MarriLz_- Marion Swenson
Ti t1b: City.. Clerk
Date:
APPROVED AS TO FORM AND LEGAL
SUFFIC CY:
By:
Office f the City Attorne
i4
Date: v�i/ry
WITNESgS: LESSEE:
v Omnipoint Holdings, Inc.,
d/b/a T-Mobile 6LSA-,4nG�&—
cc, 'TT C3tiva By:
Na 0517T7C
T i t m1e7 Ame'�xg
YA-A b rLA Date:
101toye-s-
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of jjWe_t4W, 2005, by Joe
Schreiber, the Mayor of the City of Tamarac, a Florida municipal corporation, on behalf of the City of
Tamarac, who is personally kno to me or who has produced a as identification,
STATE OF FLORIDA
COUNTY OF BROWARD
No4y Public
My commission expires:
s.Ay PNI Marion Serphos
my Commission DD200279
V.,' ,d; Expires October 24, 2007
The foregoing instrument was acknowledged before me this day of rl"jeww—, 2005, by
Jeffrey L. Miller, the City Manager, of the City of Tamarac, a Florida municipal corporation, on behalf of
the City of Tamarac, who is personally known to me or who has produced a as
identification.
d
Not Public
My commission expires:
et�k Wrion Serphos
MY Comff'onion DD260279
STATE OF &10
COUNTY Of a* ExPifft OOOW 24,2007
The foregoing instrumqnt was k day of 2005,
ee a Delaware
, 6.,nowledged before rne this
by 05 'e, &� TITLE) of Cimnippu4�
corporation, d/b/a T-Mobila-U&A,4ne., on behalf qf the corporation, who is p�F�nally known to_WW or has
produced a as identification.
Notary Public
My commissi I G';- ---
h:\2005\050164\agmts\t-mobile - exhibit b april 2005(rev]).doc 4, .41
LAZARA R. DAVALOS
MY COMMISSION # DD 342228
EXPIRES: August 20,2W8
Sondo Thru Nomq Putilic Unftrwdtafs
141