HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-0231
Temp. Reso # 13227
March 15, 2019
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019- '01 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE SECOND
AMENDMENT TO THE SITE LEASE AGREEMENT WITH NEW
CINGULAR WIRELESS PCS, LLC. EXTENDING THE LEASE
TERM AND REDUCING THE ANNUAL LEASE ESCALATION
FOR THE CELL TOWER SITE LOCATED AT 7801 NW 61ST
STREET IN TAMARAC, FL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 12, 2000 The City Commission approved R2000-187 attached
hereto as Exhibit 1 for a twenty (20) year lease agreement with Bellsouth Mobility, Inc, now
known as New Cingular Wireless PCS, LLC. for ground and tower space to establish a
cellular communications site at a cost of $26,400 per year with a 5% annual escalation; and
WHEREAS, on January 14, 2009, The City Commission approved Amendment I with
Resolution R2009-04 attached hereto as Exhibit 2 to change the antenna height and to reflect
the name change in the Notices paragraph of the agreement; and
WHEREAS, the current lease amount for this site is $60,509.28; and
WHEREAS, The existing lease agreement with New Cingular Wireless PCS, LLC. will
expire on September 25, 2020; and
WHEREAS, The Lessee is proposing Amendment 2 attached hereto as Exhibit 3
authorizing a new five (5) year term followed with automatic extensions for five (5) additional
five (5) year terms, for a total extension of thirty (30) years at an annual lease amount starting
at $65,000 with a 15% increase at the end of the first five years followed by 3% annual
increases after that; and
WHEREAS, Director of Information Technology recommends approval; and
Temp. Reso # 13227
March 15, 2019
Page 2
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 approve and to authorize
the appropriate City Officials to execute Amendment 2 to Site Lease Agreement with New
Cingular Wireless PCS, LLC. to amend the expiration of the existing lease agreement with a
new five (5) year extension followed with automatic extensions for five (5) additional five (5)
year terms, for a total extension of thirty (30) years at an annual lease amount starting at
$65,000 with a 15% increase at the end of the first five years followed by 3% annual
increases after that,
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. All
exhibits referenced herein are incorporated and made a specific part of this resolution.
SECTION 2: Amendment 2 to the Site Lease Agreement with New Cingular Wireless
PCS, LLC. to amend the expiration of the existing lease agreement and extend for an initial
term of five (5) years followed with automatic extensions for five (5) additional five (5) year
terms, for a total extension of thirty (30) years at an annual lease amount starting at $65,000
with a 15% increase at the end of the first five years followed by 3% annual increases after
that is hereby approved and the appropriate City Officials are hereby authorized to execute
Amendment 2.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution.
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Temp. Reso # 13227
March 15, 2019
Page 3
SECTION 5: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
PATRICIA TEUFEL,
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
r
SA UEL S. GO N
CITY ATTORNEY
A
day of �fz �' 2019.
MI HELLE J. GO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M PLACKO
�xi
It
Temp Reso#9069
June 21, 2000
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO_ R-2000 —1 i-7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
SITE LEASE AGREEMENT WITH BELLSOUTH
MOBILITY, INC. FOR THE INSTALLATION OF A
TELECOMMUNICATIONS ANTENNA AND
ASSOCIATED EQUIPMENT PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, AT & T Wireless Services, Inc. constructed a 140 feet monopole tower
at the City's Water Treatment Plant property and the City has the right to lease additional
space on the tower to other carriers; and
WHEREAS, additional telecommunication antennas in the City will enhance the
quality of wireless telephone reception; and
WHEREAS, the City Manager has negotiated a site lease agreement with BellSouth
Mobility, Inc for the installation of a telecommunications antenna and associated
equipment; and
WHEREAS, the Director of MIS and City Manager recommend approval of the site
lease agreement; 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 Tamarac to authorize the appropriate City
officials to execute a site lease agreement with BellSouth Mobility, Inc forthe installation of
a telecommunications antenna and associated equipment.
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Temp Reso#9069
June 21, 2000
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA.-
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City authorizes the appropriate City officials to execute a
site lease agreement, attached hereto as Exhibit I, with BellSouth Mobility, Inc for the
installation of a telecommunications antenna and associated equipment at the City's Water
Treatment facility as shown on Exhibit "A" as attached to the agreement.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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t
SECTION 5:
passage and adoption.
Temp Reso#9069
June 21, 2000
Page 3
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
MARION SWE ON, CMC
CITY CLERK
I HEARBY CERTIFY that I have
approved this resolution as to form.
✓ MITCHELL S. KRAFT
CITY ATTORNEY
day of 2000,
(91E SCHREIBER
MAYOR
RECORD OF COMMISSION VOTIR
• « • r • / is
10
Cell Site: MI13XC248(A)
State: Florida
County: Broward
Exhibit I
SITE LEASE AGREEMENT
(Non-BTS)
THIS Lease is dated and entered into on 1, L ( 3- , 2000 ("Execution Date") between THE CITY OF TAMARAC, a
Florida municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321 ("Landlord"), and
BELLSOUTH MOBILITY, INC, a Georgia Corporation with principal offices located at 1 100 Peachtree Street NE, Atlanta,
Georgia 30309 ("Tenant").
it x 30 (540 sq •04)
1. Leased Property and Permitted Uses. Landlord hereby leases to Tenant a 15 x49rt39t sT. "section (the
"Ground Space") of certain real property (the "Property") shown by sketch and legal description on Exhibit "A" attached
hereto, having a street address of 7801 N.W. 61 st Street, Tamarac, Florida 33321. it is understood that Tenant intends to occupy
exclusive space at the 100 foot level (the "Tower Space") on the Tower, Landlord further grants to Tenant for the term of the
Lease, a non-exclusive easement (the "Easement") 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 maintenance of all improvements thereon (the location of the
Easement 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 communication signals, (ii) the
construction, operation, alteration, maintenance, repair, replacement and relocation of related facilities, towers, antennas,
equipment and buildings to provide BellSouth Mobility, Inc wireless telecommunication services, and (iii) activities related to
any of the foregoing (collectively, the "Tenant's 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 Term. The initial term of this Lease shall be 5 years, commencing 30 days after the execution date.
The initial term of this Lease shall expire at Midnight on the day before the 5th anniversary of the Execution Date.
3. Renewal Terms. This Lease shall automatically renew for 3 additional five-year terms (each
being a "Renewal Term"), 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 initial term or any Renewal Term.
4. Rent. Within thirty (30) days of the date on which Tenant obtains its building permit for the commencement
of construction of Tenant's Antenna Facilities, as hereinafter defined (the "Rent Commencement Date"), Tenant shall pay to
Landlord the sum of Twenty-six Thousand Four Hundred Dollars per year (526,400.00) ("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 Landlord'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 last 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 shall 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 Di 1pence Period. For 90 days from 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 govemmental 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 pre-
existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's
inspection. If, 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 communications facility on or within the Property would not be in Tenant's best interest,
Page IofI
Exhibit I
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 termination to Landlord. Thereafter, neither Landlord nor Tenant shall have any further obligation or liability
under this Lease except as otherwise provided herein.
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 on the 'Execution Date of this Lease; provided,
however, that Landlord hereby acknowledges that Tenant's use of the Property for Tenant's Permitted Use shall not constitute an
impermissible interference by Tenant. Furthermore, Tenant shall operate the Antenna Facilities in a manner that will not cause
interference to Landlord and other tenants or licensees of the Property. Landlord shall be able to terminate this Lease if Tenant's
Antenna Facilities interferes with Landlord's equipment or interferes with any other third -party tenant or their equipment,
provided that such third -parry'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 from the Property. All operations
by Tenant shall be in compliance with all Federal Communications Commission 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, if such equipment is
likely to cause interference with Tenant's 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 60 days, Tenant 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 communications facility on the Property, which may include radio transmitting and receiving antennas,
equipment shelters 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 furnishing
of materials to, the Property or any other part of the Property, and Tenant shall discharge of record by payment, bond or
otherwise, within 10 days subsequent to the date of its receipt of notice thereof from Landlord, any mechanic's or construction
liens filed against the Property for work or materials claimed to have been furnished at the instance of Tenant
B. Tenant shall, at Tenant's expense, keep and maintain the Leased Property in commercially
reasonable condition and repair during the term 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 from 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 condition existing as of the Execution 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 Tenant's expense, to install or improve utilities serving the Property
(including, but not limited to, the installation of emergency 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. Termination. This Lease may be terminated, without any penalty or further liability, as follows:
A. by Landlord if Tenant fails to cure a default for payment of amounts due under this
Lease within 15 days after Tenant's receipt of written notice of default from 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 from the non -
Page 2 of 2
Exhibit I
defaulting party; provided, however, that if such default is capable of being cured, but not within such 30-day period, this Lease
may not be terminated so long as the defaulting party commences appropriate curative action within such 30-day period and
thereafter diligently prosecutes such cure to completion as promptly as possible;
C. by Tenant on 30 days prior written notice if it is unable to obtain, maintain or otherwise forfeits or
cancels any license, permit or governmental approval necessary for the construction or operation of the Antenna Facilities or
Tenant's actual or intended use of the Property, or Tenant determines that it would be commercially unreasonable to obtain or
maintain the same; and
D. by Tenant on 30 days prior written notice if Tenant determines, in its reasonable discretion
exercised in good faith, that based on (i) technology, (ii) interference with use of the Property resulting from the acts of any third
party, an act of God 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
Tenant's communication system or such continued use would be commercially 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 Permitted Use in a commercially reasonable manner, then Tenant may terminate this Lease 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 of the 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 manner, then
Tenant may terminate this Lease by providing written notice to Landlord, which termination 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 and Tenant 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
for remitting such tax to the appropriate government entities. Tenant shall pay any personal and real property taxes assessed on,
special assessments or any portion of such taxes attributable to, the Antenna Facilities.
Landlord's Federal Tax ID # is 59-1039552
11. Insurance and Subrogation. Tenant will provide Commercial General Liability Insurance in an aggregate
amount of S 1,000,000 and name Landlord as an additional insured. Neither party shall be liable to the other (or to the other's
successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance
policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other.
Each party shall obtain from its insurers under all policies of fire, theft and other casualty insurance covering the Property or any
portion thereof, improvements thereon or operations therein, a waiver of all rights of subrogation which the insurer might have
against the other party, and each party shall indemnify the other party against any loss or expense, including reasonable
attorney's fees, resulting from the failure to obtain such waiver.
12. Hold Harmless. Tenant shall indemnify, defend and hold Landlord harmless from and against injury, loss,
damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court
costs) arising from the installation, use, maintenance, repair or removal of the Antenna Facilities or the breach of this Lease,
except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent
contractors.
Page 3 of 3
Exhibit I
13. Notices. All notices, requests, demands 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. 88th Avenue
Tamarac, Florida 33321-2401
ATTN: City Manager
With a Copy To: City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321
ATTN: City Attorney
To Tenant:
BellSouth Mobility, Inc
1100 Peachtree Street NE
gth Floor
Real Estate Department
Atlanta, GA 30309-4599
Attn: Real Estate Manager
Legal notices only copy to:
BellSouth Mobility, Inc
1 100 Peachtree Street NE
Suite 910
Atlanta, GA 30309-4599
Attn: Legal Department
14. Quiet Enjoyment, Title and Authoritv. Landlord covenants and warrants that (i) it has full right, power
and authority to execute this Lease and has the power to grant all rights hereunder; (ii) it has good, marketable and
unencumbered title to the Property free and clear of any liens, mortgages, restrictions or other encumbrances that will interfere
with Tenant's Permitted Use; (iii) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or
the provisions of any mortgage, Lease or other agreement binding on 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
(v) 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 -Disturbance and Attomment Agreement in a form acceptable to
Tenant.
15. Environmental Laws. As used herein, the term "Environmental Laws" shall mean any and all local, state 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 limitation, asbestos and
petroleum products) that is regulated by Environmental Laws.
Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with all
applicable Environmental Laws. Landlord represents, 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 Lease.
Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by
any Environmental Laws or common law of, all spills or other releases of Hazardous Substance, not caused solely by Tenant,
that have occurred or which may occur on the Property or surrounding property owned by Landlord.
Page 4 of 4
Exhibit I
Tenant 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 Hazardous 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 of this
agreement.
16. Assignment and Subleasing. Tenant may assign this Lease and its rights hereunder to any person or
business entity which is a parent, subsidiary or affiliate of Tenant; controls or is controlled by or under common control with
Tenant; is merged or consolidated with Tenant; or purchases a majority or controlling interest in the ownership or assets of
Tenant. Tenant may not otherwise assign this Lease without Landlord's written consent, which consent shall not be
unreasonably withheld or delayed. Tenant may not sublease the Lease Property. Upon notification to Landlord by Tenant of a
permitted assignment of this Lease, Tenant shall be relieved of all future performance, liabilities and obligations under this
Lease.
17. Successors and Assigns. 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.
18. Landlord's Lien. Landlord hereby waives any and all lien rights it may 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 deemed real or personal property under applicable law.
19. Miscellaneous:
A. Each party agrees to furnish to the other, within 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 Lease, easement agreement, or both) necessary to protect a party's
rights hereunder. Neither party shall record this Lease, but may record the aforementioned Memorandum of Lease.
B. Each party represented in this transaction by a broker, agent or commission salesperson shall be
fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such person, and shall
indemnify and hold the other party harmless 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 party, 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 shall be paid by Tenant 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 proceeding, and waives any objection to the laying of venue of any such
civil action or legal proceeding in such court. Service of any court paper may be effected on such party by mail, as provided in
this Lease, or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
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 amendment to this Lease must be in writing and executed by both parties.
F. Landlord acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit
B will be recorded by Tenant in the official records of the County where the property is located. In the event the Property is
encumbered by mortgage or deed of trust, Landlord agrees to obtain and furnish to Tenant a non -disturbance and attomment
instrument for each such mortgage or deed of trust.
Page 5 of 5
Exhibit I
G. Tenant may obtain title insurance on its interest in the Premises. Landlord shall cooperate by
executing documentation required by the title insurance company.
H. 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 ACCUIVIULATED IN A
BUILDING IN SUFFICIENT QUANTITY, 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". The undersigned Tenant
acknowledges having read the foregoing notification, and has executed this Lease fully aware of the aforementioned conditions.
20. Tower Marking and Li htin Requirements. Landlord acknowledges that it, and not Tenant, shall be
responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA")
and the FCC. Should Tenant be cited by either the FCC or FAA because the Tower is not in compliance and should Landlord
fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Tenant may terminate this
Agreement immediately on notice to Landlord or proceed to cure the conditions of noncompliance at Landlord's expense, which
amounts may be deducted from the Rent.
21. Governmental Approvals. It is understood that it shall be the Tenant's sole responsibility to obtain, at
Tenant's sole cost and expense, 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 "Governmental Approvals"). Landlord agrees to
cooperate 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 Agreement
does not constitute an abrogation of the Landlord's governmental 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 jurisdiction not approve any required application for development approval, prerequisite to
the installation or operation of the Tenant Facilities, this Agreement shall automatically 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. Landlord represents that Landlord's property (including the Site), and all
improvements located thereon, are in compliance with building, life/safety, disability, and other laws, codes and regulations of
applicable government authorities. Tenant will comply with all applicable laws relating to its possession and use of the Site.
23. Venue. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force.
The venue for actions arising out of this agreement is fixed in Broward County, Florida.
Page 6 of 6
Exhibit I
Wherefore, the parties hereby enter into this Lease as of the date first set forth above:
ATTEST:
, t.I--• )L/ t';k,
Marion Swenson, CMC, City Clerk
Date: �� I
Type/Print Name of Corporate Secretary
(CORPORATE SEAL)
LANDLORD:
Joe S6reiber, Mayor
Date: ^% II a 1 00
Jeffr L. Miller, City Manager
Date: `7
TENANT:
BELLSOUTH MOBILITY, INC.
(Naide of President)
Stephen A. Brake,
assistant Vice President
Type/Print Name of President
Date: ? - 1 3 - D 0
Page 7 of 7
EXHIBIT "A"
A
To the Site Lease Agreement dated 2000 between THE CITY OF TAMARAC, as Landlord, and BELLSOUTH
MOBILITY INC, as Tenant.
The Ground Space is a I5X20 area, together with a non-exclusive casement 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:
Parcel A. TAMARAC UTILITIES PLAT NO. ONE, according to the map or plat thereof as recorded in Plat Book
101, Page 47 of the Public Records of Broward County, Florida.
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EXHIBIT "B"
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this 4�— day off � r , 2000 by and
between CITY OF TAMARAC, a Florida municipal corporation, with an address at 7525 NW 88'h Avenue,
Tamarac, FL 33321-2401 (hereinafter referred to as "Lessor") and BELLSOUTH MOBILITY INC, 1100
Peachtree Street NE, Atlanta, GA 30309-4599 (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").
L sor and Lessee entered into a Communication Site Lease Agreement ("Lease") on the /,�-day of
2000 for a portion of the Land ("Premises") together with the non-exclusive right, privilege, and
ease nt 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.
I ate term of the Lease is for five (5) years commencing on Jo I � /-, 2000, and ending on
_�_i } , 2005 with three (3) successive (5) year options to e�new.
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— `x /i v-e, bP,r J- 'F)vy, t'i*4nS kret both duly authorized to execute
same. +;q- �r H,tic✓
WITNESSES: LANDLORD:
CITY OF TAMARAC,
a Florida municipal corporation
By: t /
Named Schreiber
Title: Mayor
Date: `2// _,� /Igo
By. Ut f,�W_
Name: J frey L. filler
Title: City M_ a ager
Date:
ATTEST:
By: t z lk
Name: Marion Swenson
Title: City Clerk
Date:
WITNESSES-
v'
STATE OF FLORIDA
COUNTY OF BROWARD
APP D AS O AND
SUTTICIE a'Y:
/ /
�Y=
Name: ��4 hell S. Karaft
Title:ttornee /
Dilate: ' l
LESSEE:
1 , BELLSOUTH MO Q.I Y, I C
Title: ASSiStIce Presiden,
Date: n_ . 2 _ D /7
The foregoing instrument was acknowledged before me this 1 day of 2000, by Joe
Schrieber, the Mayor of the City of Tamarac, a Florida municipal corporation, oA behalf of the City of
Tamarac, who is personally known to me or who has produced a as identification.
STATE OF FLORIDA
COUNTY OF BROWARD
iL�c ti i_�rti� �.� �-✓�
Notary Public
My commis son etAL XOTARYSEAL
MARION SWENSON
NOTARY PUBLIC STATE OF FLOR[DA
COMMISSION �0. CC605215
MY COMMISSION FXP. DEC. 15,2000
The foregoing instrument was acknowledged before me this le day of , 2000, by ��� fiFini fic. t
j 0 y Jeffrey L. Miller, the City Manager, of the City of Tamarac, a Florida municipal co oration, on behalf of
the City of Tamarac, who is personally known to me or who has produced a as
identification.
STATE OF C
COUNTY OF
N
M comrms�t��RYSFAL
- `'SON
NOTARY PUBLIC STATE OF FLORIDA
CO.`1�tISSJO\ \O. CC605215
\1Y COMMIS510\ FXP, DEC. 15,2000
The fore oing instrument was acknowledged before me this k� day of 2000,
b�2 , A. l�o.l`t - ate. V• e• (TITLE) of BellSouth Mobility, Inc, on behalf of th corporation,
who is ersonally known to me or has produced a as identification.
Notary Public
My commission expires:
wiary Pubk, Harallm C&Aft ft""
My Comnassion ExOm Men* f. 3W
ATTWS CELL SITE "DLEE"
LEGAL DESCRIPTION OF
LEASE PARCEL
A portion of Parcel, "A", TAMARAC UTILITIES PLAT No. ONE, according to the plat
thereof as recorded in Plat Book 101, Page 47 of the Public Records of Broward
County, Florida, being more particularly described as follows:
COMMENCE at the Northeast comer (most Northerly) of said Parcel "A". said corner
also being known as the POINT OF BEGINNING as shown on said plat; thence
S01"2626"E for200.00 feet; thence N89°35'06"E for 126.15 feet (last described two
courses being coincident with boundary lines of said plat of TAMARAC UTILITIES
PLAT No, ONE); thence S00"24'54"E for 30.01 feet, thence S01 "24'35"E for 11.80
feet to the POINT OF BEGINNING of the following described parcel; thence
continue S01"2435"E for 18.00 feet; thence S88'3525"W for 30.00 feet, thence
N01 "24'35"W for 18.00 feet, thence N88"35'25"E for 30.00 feet to the POINT OF
BEGINNING.
Containing 540 Square feet (0.012 Acres more or less).
NOTE:
1,) See Boundary Survey under File No. B-1653, Dated 03-20-2000, by this FIRM,
for a detailed Sketch of the Legal Description described heron.
THIS LEGAL DESCRIPTION WAS PREPARED UNDER MY SUPERVISION.
LEITER, PEREZ & ASSOCIATES, INC.
BY: < DATE: 0-3
STANLEYT. OL SIEWICZ, VICE PFESIDENT
REGISTERED PROFESSIONAL SURVEYOR & MAPPER NO. 1633
STATE OF FLORIDA
ATTWS CELL SITE "DLEE"
LEGAL DESCRIPTION OF
INGRESS, EGRESS AND UTILITY EASEMENT
A portion of Parcel, "A", TAMARAC UTIUTIES PLAT No. ONE, according to the plat
thereof as recorded in Plat Book 101, Page 47 of the Public Records of Broward
County, Florida, being more partcularly described as follows:
COMMENCE at the Northeast comer (most Northerly) of said Parcel "A", said corner
also being known as the POINT OF BEGINNING as shown on said plat; thence
S01°2676"E for200.00 feet, thence N89°35'06"E for 218.00 feet (last described two
courses being coincident with boundary lines of said plat of TAMARAC UTILI77ES
PLAT No. ONE); thence S01°2676"E, along the Easterly Boundary line of said
Parcel "A ; said line also being the Westerly line of N.W. 77th Way as shown on the
aforementioned plat, for 55.41 feet to the POINT OF BEGINNING of the following
described easement; thence continue S01"2676"E for 12.00 feet, thence
S88-3525"W for 92.42 feet; thence N01 °2475"W for 27.20 feet; thence S57°16'15"E
for 27.08 feet; thence N88'35'25"E for 70.00 feet to the POINT OF BEGINNING.
Containing 1279 Square feet (0.029 Acres more or less).
NOTE:
1.) See Boundary Survey under File No. B.1653, Dated 0320-2000, by this FIRM,
for a detailed Sketch of the Legal Description described heron.
THIS LEGAL DESCRIPTION WAS PREPARED UNDER MY SUPERVISION.
LEITER, PEREZ & ASSOCIATES, INC.
BY: DATE: 63 3. -Z00?5
STANLEA�QLEMEWIC ENT
REGISTERED PROFESSIONAL SURVEYOR & MAPPER NO. 1633
STATE OF FLORIDA
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Temp. Reso # 11537
November 26, 2008
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- Co
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE FIRST AMENDMENT TO THE PCS
SITE LEASE AGREEMENT WITH NEW CINGULAR WIRELESS
PCS, LLC, TO AMEND THE NOTICES PARAGRAPH, AND TO
RELOCATE EXISTING ANTENNAS LOCATED AT ONE
HUNDRED FEET TO A NEW HEIGHT OF EIGHTY EIGHT FEET
ON THE CELL TOWER LOCATED AT THE WATER
TREATMENT PLANT, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 12, 2000 the City Commission passed and adopted Resolution
#R2000-187 approving a PCS Site Lease Agreement with BellSouth Mobility Inc, for the
9 installation of a telecommunications antenna and associated equipment at the Water
Treatment Plant attached hereto as exhibit A; and
WHEREAS, New Cingular Wireless PCS, LLC a Delaware limited liability company is
the successor in interest to Bellsouth Mobility Inc, a Georgia corporation; and
WHEREAS, New Cingular Wireless PCS desires to modify arid replace in its entirety
the Notices paragraph of the PCS Site Lease Agreement; and
WHEREAS, New Cingular Wireless PCS would like to relocate existing array of
antennas situated at one hundred (100) feet level of the cell tower to a lower height of eighty
eight (88) feet, and add nine (9) additional antennas and other equipment to the existing array
of antennas; and
WHEREAS, the financial terms of the PCS Site Lease Agreement remain the same;
and
WHEREAS, the Director of IT recommends approval of the amendment; and
Temp. Reso # 11537
November 26, 2008
Page 2
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 First Amendment to PCS Site Lease Agreement with New Cingular
Wireless PCS, LLC to amend the notices paragraph of the PCS Site Lease Agreement, to
move and modify the elevation of existing antennas situated on the cell tower site located at
the Water Treatment Plant, from one hundred (100) feet to a height of eighty eight (88) feet,
and to add additional antennas and equipment at the same height of 88 feet, attached hereto
as Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA: It
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 hereby authorized to execute First
Amendment to PCS Site Lease Agreement with New Cingular Wireless PCS, LLC to amend
the Notices paragraph of PCS Site Lease Agreement, to move and modify the elevation of
existing antennas situated on the cell tower site located at the Water Treatment Plant, from
one hundred (100) feet to a height of eighty eight (88) feet, and to add additional antennas
and equipment at the same height of eighty eight (88) feet, attached hereto as Exhibit 1.
SECTION 3: The financial terms of the PCS Site Lease Agreement remain the same.
SECTION 4: The appropriate City Officials are hereby authorized to sign all necessary
permit applications on behalf of the City as property owner so this amendment can be
processed.
Temp. Reso # 11537
November 26, 2008
Page 3
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.
PASSED, ADOPTED AND APPROVED this/ '4fday of cCttl� , 2009.
Beth Flansl6aumTblabisco
Mayor
ATTEST:
MARION SWEN_SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
UEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO C'
DIST 1: COMM BUSHNELL l
DIST 2: VM ATKINS-GRAD l
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
at&t
October 7, 2008
ATO Mobility
6201 Congress Avenue
Boca Raton, FL 33487
Levent Sucuoglu
Director of Information Technology
City of Tamarac
7525 NW 88th Ave
Tamarac, FL 33321
Re: City of Tamarac Tower Located at 7801 NW 615t Street: Lease Amendment for Bell
South Mobility, Inc. Lease and Lease Termination for AT&T Wireless Services of Florida
lease
Dear Levent,
I have enclosed lease amendments for the Bell South Mobility Lease that have been
executed by AT&T. I have also enclosed a termination letter for the AT&T Wireless
Services of Florida lease for the city of Tamarac's signature and consent.
Please let me know if you have any questions or concerns. Thank you again for all your
help and consideration.
Sincerely,
Matthew H. Jerry
Project Manager
561-995-3282
Enc.
aw
October 7, 2008
Attn: Director of Information Technology
City of Tamarac
7525 NW 88`s Ave
Tamarac, FL 33321
ATV Mobility
5201 Congress Avenue
Boca Raton, FL 33487
VIA OVERNIGHT MAIL
Re: AT&T Site FL073 / West Commercial 10070224 located at 7801 NW 61" Street Wireless Communications Facility
License Agreement for AT&T Wireless Services of Florida, Inc dated January 13, 1999 (the "Lease") between the City of
Tamarac ("City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company successor by merger to
Cingular Wireless Services of Florida, LLC, which is the successor by merger to AT&T Wireless Services of Florida, Inc.
("Licensee") -
Dear Mr. Sucuoglu,
Per section 8(D) of the Lease, Licensee tenders this formal notice of termination of the referenced lease effective
October 7, 2008. The effective date of termination, incorporating the thirty (30) day notice provision, will be December
1, 2008. All rights and obligations under the Lease expire as of this date, except for those rights and obligations that are
expressly noted to survive the termination of the Lease.
In lieu of the next annual rent payment due under the lease on November 1', will be the last payment the City
will receive as per the thirty (30) days notice period as per section 8(D).
It is also understood that a First Amendment to the adjoining lease at this site (DLEE) is being presented for
approval of the board.
If you have any questions or comments please feel free to call me at 561-995-3282.
Sincerely,
Matthew H_ Jerry
Acknowledge and Consent to this __ day of 2008
City of Tamarac
By:
Print Title:
AT&T Mobility
5201 Congress Avenue
Boca Raton, FL 33487
October 7, 2008
VIA OVERNIGHT MAIL
Attn: Director of Information Technology
City of Tamarac
7525 NW 88t° Ave
Tamarac, FL 33321
Re: AT&T Site FL073 / West Commercial 10070224 located at 7801 NW 61" Street: Wireless Communications Facility
License Agreement for AT&T Wireless Services of Florida, Inc dated January 13, 1999 (the "Lease") between the City of
Tamarac ("City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company successor by merger to
Cingular Wireless Services of Florida, LLC, which is the successor by merger to AT&T Wireless Services of Florida, Inc.
("Licensee").
Dear Mr. Sucuoglu,
Per section 8(D) of the Lease, Licensee tenders this formal notice of termination of the referenced lease effective
October 7, 2008. The effective date of termination, incorporating the thirty (30) day notice provision, will be December
1, 2008. All rights and obligations under the Lease expire as of this date, except for those rights and obligations that are
expressly noted to survive the termination of the Lease.
In lieu of the next annual rent payment due under the lease on November I", will be the last payment the City
will receive as per the thirty (30) days notice period as per section 8(D).
It is also understood that a First Amendment to the adjoining lease at this site (DLEE) is being presented for
approval of the board.
If you have any questions or comments please feel free to call me at 561-995-3282.
Sincerely,
Matthew H. Jerry
Acknowledge and Consent to this day of 2008
City of Tamarac -
SECTION 7: The Parties agree that to the extent that they are not in conflict with this
First Amendment, the Original Agreement shall remain in full force and effect.
REMAINDER OF THE PAGE TO BE LEFT INTENTIONALLY BLANK
3 of 3
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives
to execute and seal this First Amendment on the dates set forth below.
LANDLORD:
CITY OF TAMARAC, FLORIDA
BY:
MAYOR BETH FLANSBAU -TALABISCO
DATE: d-00
ATTEST:
LLGz��
MARION SWENSON, CITY CLERK
APPRO D AS TO FORM AND LEGAL SUFFICIENCY:
M � ,
L GOREN, CITY ATTORNEY
WITNESSES: TENANT:
7 NEW CINGULAR WIRELESS PCS LLC,
/ ` R L__ a Delaware Limited Liability Company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name: Carlos Sanchez
Pirint Name Its: Executive Director -Network
Date: 0
1
Print Name
CERTIFICATION
�) The forg ing instrument was acknowledged before me on this day of
2008 by Carlos Sanchez Executive Director -Network for New Cingular
Wireless PCS LLC, on behalf of the Compan . HeAhe is personally known to me or has
prod G State of Flo as identi-fication.
Anita E Brommer
� My Commission DDS018?2 , '�(:
a n Expires t12/2812010 � - V
Notary Public
H \2005\050164 TAMARACvAGMTSWew Cingulu Wirelew • Si[e Lease Amendment (First Amendment)doc
4of3
FIRST AMENDMENT TO SITE LEASE AGREEMENT (NON-BTS) BETWEEN
NEW CINGULAR WIRELESS PCS, LLC AND THE CITY OF TAMARAC
THIS FIRST AMENDMENT to the PCS Site License Agreement dated July 12, 2000
between the City of Tamarac, a Florida Municipal Co oration ("Llord") and BellSouth
Mobility Inc, is made and entered into this L day of , , 2001y, by and between:
CITY OF TAMARAC, FLORIDA ("LANDLORD"), a municipal corporation
organized and operating pursuant to the laws of the State of Florida, with a
business address of 7525 NW 88 h Avenue, Tamarac, Florida;
and
NEW CINGULAR WIRELESS PCS, LLC a Delaware limited liability
company, successor in interest to BellSouth Mobility, LLC, a Georgia limited
liability company successor by conversion to BellSouth Mobility Inc, having a
mailing address at 6100 Atlantic Boulevard, Norcross, Georgia 30071
("TENANT"),
WITNESSETH
WHEREAS, Landlord and entered into a Site Lease Agreement ("Lease") dated July 12,
2000, whereby Landlord leased to Tenant certain Ground Space and Tower Space therein
described in Exhibit "A" of Lease, that are a portion of the Property generally located at 7801
N.W. 61" Street, Tamarac, FL 33321; and
WHEREAS, Tenant and Landlord desires to modify the Lease to amend the notice
paragraph thereof; and
WHEREAS, Tenant and Landlord desire to modify the Lease to permit Tenant to add,
modify and/or replace equipment as provided herein; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as
set forth below accordingly.
NOW THEREFORE, for and in consideration of the mutual covenants and other good
valuable consideration, the Parties hereto agree as follows:
SECTION 1: The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
SECTION 2: Section 13 of the Lease is revised to modify the Notices to Tenant (under
the Lease). Notices to Tenant shall be sent to the following addresses:
1 of 3
Tenant: VIA Certified Mail:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site: DLEE, FA# 10023307
PO BOX 1630
Alpharetta, Georgia 30009
VIA Overnight Mail:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site: DLEE, FA# 10023307
1255 Cingular Way
Alpharetta, Georgia 30009
With a copy to: New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site: DLEE, FA# 10023307
5565 Glenridge Connector, #1700
Atlanta, GA 30342
And to: New Cingular Wireless PCS, LLC
Real Estate/Lease Administration
Attn: John Heggy
Re: Cell Site: DLEE, FA# 10023307
5201 Congress Avenue
Boca Raton, FL 33487
SECTION 3: Tenant leases from Landlord, Ground Space consisting of approximately
540 square feet whereupon Tenant has located its telecommunications ground equipment and
exclusive Tower Space at 100' on the monopole whereupon Tenant has located its three (3)
DB858DDH90-SX antennas and twelve (12) 7/8" coaxial cables.
SECTION 4: Tenant desires to relinquish its Tower Space and remove its equipment at
100' and relocate its equipment to 88', and Landlord consents to Tenant's relocation on the
tower.
SECTION 5: Tenant desires to install the following equipment at 88' on the tower:
1) Nine (9) Kathrein 800-10122 antennas at 88' with Eighteen (18) 7/8" coaxial
cables
2) Eighteen (18) RFS 860-10025 Remote Control Units
3) Six (6) RFS ATM192012B-0 TMAs
4) Twelve (12) RFS FDGW5504/3C-3 tower -top diplexers
5) Eighteen (18) RFS FDGW5504/3C-3 ground -level diplexers
SECTION 6: Tenant's Ground Space and Tower Space have been modified pursuant to
Revised Exhibit "B" attached hereto and incorporated herein by reference.
2 of 3
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Cell Site Name: SF DLEE
Fixed Asset No. 10023307
Market: South Florida
Address: 7801 N.W. 61" Street, Tamarac, FL 33321
SECOND AMENDMENT TO SITE LEASE AGREEMENT
THIS SECOND AMENDMENT TO SITE LEASE AGREEMENT ("Second Amendment"),
dated as of the latter of the signature dates below (the "Effective Date"), is by and between The City of
Tamarac, a Florida municipal corporation, having a mailing address of 7525 N.W. 88"' Avenue, Tamarac,
FL 33321, Attn: City Manager (hereinafter referred to as "Landlord"), and New Cingular Wireless PCS,
LLC, a Delaware limited liability company, successor -in -interest to BellSouth Mobility, Inc., a Georgia
corporation, having a mailing address of 1025 Lenox Park Blvd NE, 3Td floor, Atlanta, GA 30319
(hereinafter referred to as "Tenant").
WHEREAS, Landlord and Tenant (or its predecessor -in -interest) entered into a Site Lease
Agreement dated July 12, 2000, as amended by a First Amendment to Site Lease Agreement dated
January 4, 2009 (hereinafter, collectively referred to as the "Lease"), whereby Landlord leased to Tenant
certain Leased Property, therein described, that are a portion of the Property located at 7801 N.W. 61"
Street, Tamarac, FL 33321; and
WHEREAS, the parties mutually desire to renew the Lease, memorialize such renewal period
and modify the Lease in certain other respects, all on the terms and conditions contained herein; and
WHEREAS, Landlord and Tenant desire to amend the Lease to extend the term of the Lease; and
WHEREAS, Landlord and Tenant desire to amend the Lease to adjust the Rent in conjunction
with the modifications to the Lease contained herein; and
WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice section
thereof, and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease 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
that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as
follows:
1. Extension of Term. The Term of the Agreement shall be amended to provide that
the current term, which commenced on September 25, 2015, shall expire on September 24,
2020 ("Current Term"), and commencing on September 25, 2020, will be automatically
renewed, upon the same terms and conditions of the Agreement, for five (5) additional five-
year Terms (each an "Extension Term"). Hereafter, "Term" shall include the Current Term
and any applicable Extension Term. The Terms will automatically renew without further
action by Tenant, unless Tenant notifies Landlord in writing of Tenant's intention not to
renew the Agreement at least sixty (60) days prior to the expiration of the Current Term or
any Extension Term. Landlord agrees and acknowledges that, except as other rights may be
amended herein, Tenant may continue to use and exercise its rights under the Agreement as
permitted prior to the first Extension Term.
Cell Site Name: SF DLEE
Fixed Asset No. 10023307
Market: South Florida
Address: 7801 N.W. 61" Street, Tamarac, FL 33321
2. Rent. Commencing on September 25, 2020, the Rent payable under the Lease shall be
$65,000.00/year.
3. Future Rent Increase. The Lease is amended to provide that commencing on
September 25, 2025, Rent shall increase by fifteen percent (15.0%) and, commencing on September 25,
2026, Rent shall increase by three percent (3%) over the rent paid during the previous year and on an
annual basis thereafter.
4. Notices. Section 13 of the Lease 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:
If to Tenant:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site Name: SF DLEE (SFL)
Fixed Asset No. 10023307
1025 Lenox Park Blvd NE, 3ra floor
Atlanta, GA 30319
With a required copy of the notice sent to:
New Cingular Wireless PCS, LLC
AT&T Legal Department- Network
Attn: Network Counsel
Re: Cell Site Name: SF DLEE (SFL)
Fixed Asset No. 10023307
208 South Akard Street
Dallas, TX 75202-4206
As to Landlord:
The City of Tamarac
7525 N.W. 88t' Avenue
Tamarac, FL 33321
Attn: City Manager
E-mail copy to: Celltowers@Tamarac.org
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.
Cell Site Name: SF DLEE
Fixed Asset No. 10023307
Market: South Florida
Address: 7801 N.W. 60 Street, Tamarac, FL 33321
5. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Lease and this Second Amendment, the terms of this Second Amendment shall control. Except as
expressly set forth in this Second Amendment, the Lease otherwise is unmodified and remains in full
force and effect. Each reference in the Lease to itself shall be deemed also to refer to this Second
Amendment.
6. Capitalized Terms. All capitalized terms used but not defined herein shall have the
same meanings as defined in the Lease.
[SIGNATURES APPEAR ON THE NEXT PAGE]
Cell Site Name: SF DLEE
Fixed Asset No. 10023307
Market: South Florida
Address: 7801 N.W. 61'" Street, Tamarac, FL 33321
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to
execute this Second Amendment on the dates set forth below.
NM A
cr-
D CO
ity Clerk
LA DLORD:
The City of Tamarac,
a Florida municipal corporation
By: j
Mayor MidhelleJ.. Gomez J.
Date: ! " / ,_/� Z7 )—J
APPROYED AS TO F RM AND LEGAL SUFFICIENCY:
City Attorney
WITNESSES:
By: .Q
Name:
By:
Name:
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By
110,
am_ �John eggy
Title: Area M aager
Date:
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
Cell Site Name: SF DLEE
Fixed Asset No. 10023307
Market: South Florida
Address: 7801 N.W. 61" Street, Tamarac, FL 33321
TENANT ACKNOWLEDGMENT
STATE OF ALABAMA )
) SS.
COUNTY OF JEFFERSON )
I certify that I know or have satisfactory evidence that John Heggy is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Area Manager of AT&T Mobility
Corporation, the Manager of New Cingular Wireless PCS, LLC, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
" 'C'
ii
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the St to of
llt—
My appointment expires: 6 a2 Daa
Cell Site Name: SF DLEE
Fixed Asset No. 10023307
Market: South Florida
Address: 7801 N.W. 61" Street, Tamarac, FL 33321
LANDLORD ACKNOWLEDGMENT
STATE OF (&j� .A
COUNTY OQ� A jzb ) SS.
I certify that I know or have satisfactory evidence that J o (, x
the person who appeared before me, and said person acknowledged that sai son signed this
instrument, on oath Ated 1hat said person was authorized to cute the instrument and acknowledged it
as the W of Pi — / "Aac .- , to be
the free and voluntary ad of such party for the uses and purposes entioned in the instrument.
DATED: L " JZ ! —1,20 / a
Notary Seal
MONICABARAOS
Commission # GG 148W
Expires October 5, 2021
of F�°p
B V4*d TM Bw" N* y 9wvW"
(Llegibly Print or Stamp Name of N
Notary Public in and for the State o
My appointment expires: / 0 -