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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-1061 Temp. Reso. #7871 Rev. 5/5/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- 166 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH NEXTEL COMMUNICATIONS FOR THE INSTALLATION OF A TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has negotiated an agreement with Nextel Communications for the installation of a telecommunications antenna and associated equipment on City property; and WHEREAS, additional telecommunications antennas in the City will enhance the quality of wireless telephone reception; and WHEREAS, the Assistant to the City Manager recommends approval of the agreement; and WHEREAS, it is the City Manager's recommendation to execute the agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute an agreement with Nextel Communications for the installation of a telecommunications antenna and associated equipment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed 2 Temp. Reso. #7871 Rev. 5/5/97 as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City authorizes the appropriate City Officials to execute an agreement with Nextel Communications (attached as "Exhibit 1 ") for the installation of a telecommunications antenna and associated equipment. SECTION 3: The City Manager is authorized to sign all necessary permit applications on behalf of the City as owner so this proposal can be processed. SECTION 4: The City leases to Nextel Communications an area of nine hundred (900) square feet + on which Nextel Communications will erect an antenna and associated equipment. The payment to the City is Twenty Thousand Dollars ($20,000.00) per year with five (5%) percent increases each successive year. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 7: This Resolution shall become effective immediately upon its passage and adoption. fl 3 Temp. Reso. #7871 Rev. 5/5/97 PASSED, ADOPTED AND APPROVED this /4 day of M4 `f , 1997. ATTEST: CAROL A. EVANS, C.M.C. City Clerk I HEREBY CERTIFY that I have a ved this RESOLUTION as to form. (- MA kdlglll� AMITY,'HELL S. KRAFT City Attorney Nextel antennelrkt I I SCHREIBER (Mayor RECORD OF COMMISSION VO MAYOR Za DIST 1: G=. AfaXa ra,t DIST I � f DIST 3:1 15.94adwhop DIST 4: Ro A" 7- s • Dial Call, Inc. Pursuant to dulydelegated authority of the Board of Directors of Dial Call Inc. a Georgia g tY g corporation (the "Corporation"), dated March 17, 1997, the undersigned, Thomas J. Sidman, Vice President of the Corporation, takes written action as follows, as evidenced by his signature hereunder: RESOLVED, that Tom Gawronski is appointed as an agent, duly authorized to act for and on behalf of the Corporation for the specific purpose of executing leases and documents related thereto on behalf of the Corporation, and further resolved that such agency appointment shall continue until specifically revoked by further action of this Board of Directors and/or of the Corporation or automatically revoked upon his failure to continue to remain in the employment of Nextel Communications, Inc. or any of its subsidiaries, and further resolved that any leases and related documents heretofore executed by him by and on behalf of the Corporation are hereby ratified and approved. IN WITNESS WHEREOF, the undersigned has executed this written consent as of this 7th day of May, 1997. Thomas J. Sidma Vice President I, Thomas D. Hickey, Assistant Secretary of Dial Call, Inc., do hereby certify that this is a true and complete copy of a written action by Thomas J. Sidman, a duly authorized officer of Dial Call, Inc., pursuant to the authority cited above, which written action has been duly submitted to the Secretary of the Corporation and made a part of the minutes and resolutions thereof on May 7, 1997. I do hereby further certify that the said written action has been in effect since the date of adoption and at all times since and that such resolution remains in effect as of the date hereof. IN WITNESS WHEREOF, I have set my hand this day of, 1997. Thomas D. Hickey, Assi a t Secretary Commonwealth of Virginia ss: County of Fairfax The foregoing instrument was acknowledged before me by Thomas D. Hickey, Assistant Secretary of Dial Call, Inc., to me personally known, this :1-'LL day of M aU 1997. � nM 1_ C Susan R. Hornbrook, Notary Public SUSAN R. HORNBROOK Notary Public Commonweefth of Virginia LQDMY Comm. F_xps. Sept. 30, 2000 w:\legal\counsel\shombro\misc\authoriz.doc Mkt: Ft. Lauderdale Sit: No.: F-1679E Site Namc: Tamarac COMMUNICATIONS S11E LEASE AGREEMENT This Communications Site Lease Agreement ("Agreement") is entered into this 14 day of May , 1997 , between Dial Call, Inc., a Georgia corporation, d/b/a Nextel Communications, with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 ("Lessee"), and the City of Tamarac, a Florida municipal corporation, with an address of 7525 NW 88th Avenue, Tamarac, FL 33321-2401 (Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land") and a telecommunications tower to be constructed (the "Tower") and located in the City of Tamarac, County of Broward, State of Florida. The Land is known as 7525 NW 88th Avenue, Tamarac. Florida 33321-2401 and is more particularly described in Exhibit A annexe < d hereto, The 'rower and Land are collectively the "Property". Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately 14; hundred ( 00) square feet of the Land and space on the Tower and all access and utility easements, if any, (collectively, the "Premises") as described in Exhibit B annexed hereto. f4 c 1 5�/ 5y7 ,4( t t" 2. JL51. The Premises may be used by Lessee for any activity in connection with the provision of communications services ("Permitted Use"). 3. Tests and Construction. Lessee shall have the right at anytime following the full execution of this Agreement to enter upon the Property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below). Upon Lessee's request, Lessor agrees to provide promptly to Lessee copies of all plans, specifications, surveys and tower maps for the Land and Tower. The tower map shall include the elevation of all antennas on the Tower and the frequencies upon which each operates. 4. hrm. The tens of this Agreement shall be five (5) years beginning upon the commencement of the installation of Lessee Facilities (hereinafter defined), ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for Three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. 5. Bcnt. Within thirty (30) days of the Commencement Date, Lessee shall pay to Lessor as rent Twenty Thousand and 00/100 DOLLARS ($20,000.00) per year ("Rent"). On each anniversary of the Commencement Date during the Term and Renewal Terms, the Rent, exclusive of sales tax, shall be increased to an amount equal to one hundred five percent (105%) of the annual Rent for the last twelve month period immediately prior to the adjustment (exclusive of sales taxes). Rent shall be payable to Lessor at City of Tamarac, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401; Attention: Finance Department. The Lessee shall be entitled to a return of any pre -paid Rent made to Lessor in the event of early termination of this Agreement. 6. Facilities: Utilities: Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas and supporting equipment and structures thereto ("Lessee Facilities")- In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner and shall be subject to prior approval by Lessor. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. 7. Interftrence. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Property, provided that their installations predate that of the Lessee Facilities. Lessor shall be able to terminate this Agreement if Lessee's equipment interferes with Lessor's equipment or interferes with any other third party lessee or Lessee's equipment, provided that Lessor's equipment or such third party 's equipment is installed on the tower as of the Commencement Date, and provided that Lessee has been unable to eliminate such interference within thirty (30) days after notice of such interference from Lessor. If Lessor terminates this Agreement pursuant to this paragraph, Lessee shall remove immediately its equipment from the Tower. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. (b) Subsequent to the Commencement Date, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Property or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor shall, upon being advised of such interference by the Lessee, notify the third party of such interference. In the event Lessor fails to comply with this paragraph, Lessee may terminate this Agreement, and/or pursue any other remedies available under this Agreement, at law, and/or at equity. In the event Lessee fails to comply with this paragraph, Lessor may terminate this Agreement, and/or pursue any other remedies available under this Agreement, at law, and/or at equity. (c) Lessee acknowledges that the installations of the Lessor, Broward County, and Sprint Spectrum, L.P., predate the installation of Lessee's Facilities. 8. Faxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, AAI679Lic.doc (Tamarac) 1 5/7/97 11: 41 AM Y `1-i0 G Mkt: Ft. Lauderdale Site No.: F-1679E Site Name: Tamarac attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either Party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies. JJ (a) If any part of the Premises or Lessee Facilities is damaged by fire, act of God, inclement weather, or other casualty (herein "Casualty") so as to prevent the continued use of the Lessee Facilities for the Permitted Use in a commercially reasonable manner, then Lessee may terminate this Agreement by providing written notice to Lessor within sixty (60) days of such Casualty, which termination shall be effective as of the date of such Casualty, and upon such termination, Lessee shall be excused from paying any further Rent and shall be entitled to a return of any pre -paid rent made to Lessor to the extent of the unused, prepaid Term, and further, Lessee shall remove Lessee Facilities and return the Premises to the Lessor in the condition it was prior to this Agreement, normal wear and tear excepted. In the event Lessee does not elect to so terminate this Agreement, then Lessee, at its sole cost, shall restore the Lessee Facilities to the condition existing prior to such damage and Lessee shall receive a Rent credit in proportion to the actual reduction or abatement of use of the Premises or Lessee Facilities. (b) If any part of the Premises is taken by eminent domain, or by a deed in lieu of condemnation, so as to prevent the continued use of the Lessee Facilities for the Permitted Use in a commercially reasonable manner, then Lessee may terminate this Agreement by providing written notice to Lessor, which termination shall be effective as of the date of the vesting of title in such taking. Upon such termination, Lessee shall be entitled to be reimbursed for any prepaid Rent, and Lessee shall be entitled to pursue its own separate award with respect to any taking by eminent domain. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities. bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on the Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date, 13. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 14. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Notwithstanding the foregoing, in the event Lessor's title or control over the Premises is challenged in such a manner so as to call into question the Lessee's use thereof pursuant to this Agreement, then Lessor agrees to defend such challenge at Lessor's cost and expense: and Lessee may utilize the Premises until, if ever, a final adjudication is received which prevents Lessee's continued use of the Premises or makes this Agreement invalid; and if such final adjudication is made, then Lessee shall be solely entitled to be excused from paying all further Rent, and shall receive a return of a prorated share of its advance Rents and any other amounts prepaid by Lessee. 15. Repairs. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 16. Hazardoul Substances, Lessee 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. Lessor represents, warrants and agrees (I) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor 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. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. 17. Migeellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: AAl679Lic.doc (Tamarac) 2 5n197 11: 41 Art i r-i'7 to Mkt: Ft. Lauderdale Site No. : F-1679E Site Name: Tamarac • • Lessor: City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 Attn: City Manager Lessee: Nextel Communications 831 Trafalgar Court Suite 300E Maitland, Florida 32751 Attn.: Property Manager With a copy to: Nextel Communications, Inc. 1505 Farm Credit Drive McLean, Virginia 22102 Attn.: Legal Dept., Contracts Manager Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Florida; venue is Broward County, Florida. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Property is located. In the event the Property is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and famish to Lessee a non -disturbance and attomment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Premises. Lessor shall cooperate by executing documentation required by the title insurance company- (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such patty shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. 0) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. 18. Tower Markine and LiglLg Requirements. Lessor acknowledges that it, and not Lessee, shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Lessee be cited by either the FCC or FAA because the Tower is not in compliance and, should Lessor fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee may either terminate this Agreement immediately on notice to Lessor or proceed to cure the conditions of noncompliance at Lessor's expense, which amounts may be deducted from the Rent. 19. Governmental Approvals. It is understood that it shall be Lessee's sole responsibility to obtain, at Lessee's sole cost and expense, any and all permits, consents and approvals from local, state or federal governmental authorities as required by Lessee to construct and operate the Lessee Facilities (collectively, the "Governmental Approvals"). Lessor agrees to cooperate with Lessee at no cost to the Lessor and to execute such documents reasonably required to obtain the Governmental Approvals, with the exception of approvals required from the City of Tamarac. The making of this Agreement does not constitute an abrogation of the Lessor's governmental land development regulatory power, and the Lessee's performance is contingent upon all such development approvals being obtained. Should the City of Tamarac or another governmental authority agency with jurisdiction not approve any required application for development approval prerequisite to the installation or operation of the Lessee Facilities, this Agreement shall become automatically null and void as if same never existed and so as to not be the basis in any respect for a damage claim as a result of such denied development order. (SIGNATURES ON NEXT PAGE) A:\1619Lic.doc (Tamarac) 5/7197 11: 41 AM Mkt: Ft. Lauderdale Site No.: F-1679E Site Name: Tamarac C • • IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager, signing by and through Mayor & City Mana ektly authorized to execute same. ATTE,T: �- Carol Evans, City Clerk Date: I May 14, 1997 Witness Print Name: " r N f� Witness Print Name; Witness ■ LESSOR: CITY OF TAMARAC a Florida municipal corporation Name: ilk Print: _JQe Schreiber Title: Date: May 14, 1997 4Name: Print:_ Robe I S. Noe, Jr. Title: ---City Manager Date: May 14, 1997 jpp to to 1 ga u i c �., llS. Kraft, Cny Alto y LESSEE: DIAL CALL, INC. a Georgia corporation d/b/a NEXTEL/ COMMUNICATIONS Name: �I me•' Print: Thomas J. Gawronski Title: Market EtQsident Witness �- / Print Name: miG�) iP Udlr-S nor. - (NOTARIES ON NEXT PAGE) A:\1679Lic.doc(Tamarac) 4 5/2/97 5:18 PM Mkt: Ft. Lauderdale Site No.: F-1679E Site Name: Tamarac C� • • STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before met ' of may 199,7, by Joe Schreiber, as Mayor of the City of Tamarac, a Florida municipal corporation, who i ersonally known to me r who has produced as identification and who did ODXake an oath. WITNESS hand and official jeal. A. Notary Publl Phyllis Polikoff Print Name My commission expires: STATE OF FLORIDA COUNTY OF BROWARD NP,RY PVe OFFICIAL NOTARY SEAL O �i PHYLLIS POLIKOFF = y COMMISSION NUMBER CC390392 %lF QQ MY COMMISSION EXP. p; Fro SEPT 23 1996 The foregoing instrument was acknowledged before me this 14 Ms 199 7 by Robert S. Noe, Jr., as City Manager of the City of Tamarac, a Florida municipal corporation, who i ersonally knownj2-_-rTN>r who has produced as identification and who di (did not a an oath. WI .SS m hand and official seal. Notary ublic , Ph llis Poliko£f Print Name My commission expires: QY PV OFFICIAL NOTARY SEAL O,P B4i PHYLLIS POLIKOFF = O COMMISSION NUMBER c CC390392 �l MY COMMISSION EXP. F0, FVC SEPT 23.1998 STATE OF FLORIDA COUNTY OF Ow&,2 The foregoing instrument was acknowledged before me this 6 _day of !//A t 199_7 by Thomas J. Gawronski, as Market President of Dial Call, Inc., a Georgia corporation, d/b/a Nextel Communiq tions, who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS y hand and official seal. No Public 7 Print 1 ame % r/ My commission expires: (J' - 7 0- MARIA MAY —PT 7 I►nobclea MY Comm -Exp. Bonded By Serviec In, $ F tti0�� yNo. CC379211 b0d IJ09MtO A:\1679Lic.doc (Tamarac) 5/2197 5:18 PN Mkt: Ft. Lauderdale SitcNo.: F-I679E Site Name: Tamarac EXHIBIT A DESCRIPTION OF LAND to the Agreement dated May 14 , 199 7 , by and between City of Tamarac, a Florida Municipal corporation, as Lessor, and DIAL CALL, INC., a Georgia corporation, d/b/a NEXTEL COMMUNICATIONS, as Lessee. The Land is described and/or depicted as follows: LEGAL DESCRIPTION PARENT TRACT: Parcel "A", TAMARAC MUNICIPAL COMPLEX PLAT, according to the Plat thereof, as recorded in Plat Book 133 at Page 41 of the Public Records of Broward County, Florida. • �Ir 0 A:11679Lic.doe (Tamarac) 6 5/2/97 5: 18 PM K,4�?1Ut Mkt: Ft. Lauderdale Site No.: F-1679E Site Name: Tamarac isEXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated May 14 , 199 7 , by and between — by and between City of Tamarac, a Florida Municipal corporation, as Lessor, and DIAL CALL, INC., a Georgia corporation, d/b/a NEXTEL COMMI MCATIONS, as Lessee. The Premises are described and/or depicted as follows: rI 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 0 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. rt:\1679Lic.doc (Tamarac) 7 5/2/97 5: 18 PM • Mkr: Ft. Lauderdale SiteNo.: F-1679C Site Name: Tamarac PREPARED BY: Paula Hickman, Esq. Nextel Communications 2700 W. Atlantic Blvd., Suite 100 Pompano Beach, FL 33069 RETURN TO: Leslie Liesenfelt Nextel Communications 2700 W. Atlantic Blvd., Suite 100 Pompano Beach, FL 33069 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this 14 day of Maly 199 by and between City of Tamarac a Florida municipal corporation, with an address at 7525 NW 88th Avenue, Tamarac, FL 33321-2401 (hereinafter referred to as "Lessor") and DIAL CALL, INC., a Georgia corporation, d/b/a NEXTEL COMMUNICATIONS with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (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 14 day of May 1 199 7, 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 "B", for the purpose of installing, operating, and maintaining a radio communications facility and other improvements. The term of the Lease is for five (5) years commencing on &v 14 199 7, and ending on Ma 11 3 2002, with three (3) successive five (5) year options to renew. 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 signature. CITY OF TAMARAC, through its Mayor and City Manager signing by and through both duly authorized to execute same. ATTEST: Carol Evans, City Clerk Date:Ma' 14, 1997 Witness Print Name: ' r Witness / Print Name. plyl PgrintNarn I Print namc::01 u ■ LESSOR: CITY OF TAMARAC a Florida municipal corporation Name: -t Print: —Joe SchMiber Title: Mavor Date: May 14 1997 Print: Title:— City danager Date: May 14 1997 and al sufficiency: led , tomey (SIGNATURES CONTINUED ON NEXT PAGE) A:%1679Lic.doc (Tamarac) 5/2/97 5:18 FM Mkr: Ft. Lauderdale Site No.: F-1679C Site Name: Tamarac 0 LESSEE: DIAL CALL, INC. a Georgia corporation d/b/a NEXTEL COMMUNICATIONS Witness Print Name: Print: Tho as J. Ga)yronaki Title:_ Market President Witness Print Name: Date: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 14 day of May 199 7 , by Joe Schreiber, as Mayor of the City of Tamarac, a Florida munici a co oration, who i ersonally known tom r who has produced as identification and who di did not a an oath. WITH S m hand d offcial seal. No utbIt Phyllis Polikoff Print Name My commission expires: I Ay Ptlq OFFICIAL IA NOTARY SEAL p i y COMMISSION NUMBER o e CC390322 Q?� MY COMMISSION EXP. 0' FL& SEPT 23 1998 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 4ia of 199 7 , by Robert S. Noe, Jr., as City Manager of the City of Tamarac, a FloLiaLraunicipal corporation, who ' ersonally know r who has produced as identification and who dAtL21>ke an oath. WI FEE m and d offi -al seal. NotaryPlfiblic Print Name My commission expires: PVe OFFICIAL NOTARY SEAL ,Ppy O G PHYLLIS POLIKOFF COMMISSION NUMBER CC390392 MyCOMMISSIONP, STATE OF FLORIDA o' F�O�\O 23 1998 COUNTY OF The foregoing instrument was acknowledged before me this day of 199 _ by Thomas J. Gawronski, as Market President of Dial Call, Inc., a Georgia corporation, d/b/a Nextel Communications, who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission expires: AA1679Lic.doc (Tamarac) 9 5/2/97 5:18 PM Mkt: Ft. Lauderdale S::allo,: H-1679E Site Name: Tamarac PREPARED BY: Paula Hickman, Esq. Nextel Communications 2700 W. Atlantic Blvd., Suite 100 Pompano Beach, FL 33069 RETURN TO: Leslie Liesenfelt Nextel Communications 2700 W. Atlantic Blvd., Suite 100 Pompano Beach, FL 33069 • LJ MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this 14 day of May _ , 1997 by and between City of Tamarac a Florida municipal corporation, with an address at 7525 NW 88th Avenue, Tamarac, FL 33321-2401 (hereinafter referred to as "Lessor") and DIAL CALL, INC., a Georgia corporation, d/b/a NEXTEL COMMUNICATIONS with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (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 14 day of May , 1997 , for a portion of the Land ("Premises") together with the non-exclusive right, privilege, and casement over and across a portion of the Land for access and utility service thereto, described in the attached Exhibit " B", for the purpose of installing, operating, and maintaining a radio communications facility and other improvements. The term of the Lease is for five (5) years commencing on _- May 14 199 7 and ending on _ May 13 �LQQZ with three (3) successive five (5) year options to renew - 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 signature. CITY OF TAMARAC, through its Mayor and City Manager signing by and through both duly authorized to execute same. A1TE ' : Carol Evans, City Clerk Date: May 14, 1997 _ Witness Print Name: t e = A C Lo� Primes Print Name: Witness irinhNamet f5(il�i i i\ Witness v Print name (L LESSOR: CITY OF TAMARAC a Florida municipal corporation Name: Print: �Joe Scbrciher Title: Mavor Date: .. May 14, 1997 ,D) --�- s n Print: Title: City Manager Date: May 14, 1997 4NMjji�tch& f tin le al ufficiency: aft, ' A o e (SIGNATURES CONTINUED ON NEXT PAGE) A:\1679Mem.doc (Tamarac) 5/2/97-4:41 PM Mkt: Ft. Lauderdale Site No.: 1-I679E Site Name: Tamarac • • I s Pri(it me: � s- Witness �n Print Name: STATE OF FLORIDA COUNTY OF BROWARD LESSEE.: DIAL CALL, INC. a Georgia corporation d/b/a NEXTEL COMMUNICATIONS Name: Print: --Thomas J. ,(, &Wrc!n5ki Mlp�uFfi, I The foregoing instrument was acknowledged before me this 14 a of Ma 199 7 , by Joe Schreiber, as Mayor of the City of Tamarac, a Florida municl oration, who is fersonally known to me who has proded ucas identification and who di (did no[ e an oath. Wd an official seal. No Public , Phyllis Polikoff Print Name My commission expires: STATE OF FLORIDA COUNTY OF BROWARD '00, OFFICIAL NOTARY SEAL PHYLLIS POLIKOFF *COMMISSION NUMBER CC390392 4-1 MY COMMISSION EXP. SEPT 23 1998 The foregoing instrument was acknowledged before me this 1.4day of Ma 199 7 by Robert S. Noe, Jr., as City Manager of the City of Tamarac, a FlorN&Zunicipal corporation, who isfTona y known tom who has produced as identification and who di did not) e an oath. WWIS m�;hand tyld offi al seal. No Public rrJ Phvllis Polikoff Print Name My commission expires: STATE OF FLORIDA COUNTY OF _ �P ONO" P&,q OFFICIAL NOTARY SEAL 2 PHYLLIS POLIKOFF I * COMMISSION NUMBER r� p GC390392 RO _ Fv MY COMMISSION EXP. SEPT 231998 The foregoing instrument was acknowledged before me this_&f_day of Mli 1997 by Thomas J. Gawronski, as Market President of Dial Call, Inc., a Georgia corporation, d/b/a Nextel Comm ications, who is ersonall known to me or who has produced as identification and who did (did not) take an oath. WS�d anIcia - Not Public MARIA MAYET 2- An My Comm Bxp. M6199 mswe A Bonded By Setviae Ins Print Name — - OF �O4 No. CC379211 My commission expires: /\ A:\1679Mem.doc (Tamarac) lA 5/2/97-441 PM