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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. 1 1 1 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. 1 1 1 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. 10 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. — !■7.IPA .. AIt. .i. #A 7f0. n.oi ..aJ ]— R 8 i <i h yySS 1 J�7 .1 �Vr G LU V) O in a r aia a �� ; n, a z$''� 0 d 111H � Wr A"& Page 1 • � Y U ct b C 3 $ � C � Q p W v` Y J f it 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 No Text #v NEYCI , »..�n , , Ifilw w 14 e0&;7 Ja ,HO:J u a,_a | . � )� \ \§ 'u � $ Ll z 0 m;» 2f i LU ƒ2y\] \i - ---------- _. �. _3 \\ ) u E wz d f \k \ i ° u�a P � § Z= /k z ; z a ) , »}ƒi ®mow IK )�2 /$\ >\) r" _co r (3), � I I / yz 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 U m Q Exhibit "A" a w qs Q[�� qI s I g uyyu�� Wy �gsQQ�S5 �p$$j xl 1f�; xl p F II xl I } k x I' xl In xl x tm 3[ t --.�_x—X 7 =uA No Text 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 -