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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-086Temp. Reso # 12907 February 22, 2017 Page 1 CITY OF TAMARAC, FLORIDA 6 RESOLUTION NO. R-2017- k 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 T- MOBILE SOUTH, LLC. EXTENDING THE LEASE TERM AND ANNUAL ESCALATION CLAUSE TO THE CELL TOWER SITE LOCATED AT 7525 NW 88TH AVENUE IN TAMARAC, FL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 12, 1997 The City Commission approved R97-277 attached hereto as Exhibit 1 for a twenty (20) year lease agreement with OmniPoint Communications, now known as T-Mobile South, 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 September 12, 2006, The City Commission approved Amendment I with Resolution R2006-156 attached hereto as Exhibit 2 to lease additional ground space for the installation of a generator for an additional $350 per month; and WHEREAS, the current lease amount for this site is $73,552.84; and WHEREAS, The existing lease agreement with T-Mobile South, LLC. will expire on November 11, 2017; and WHEREAS, The Lessee is proposing Amendment 2 attached hereto as Exhibit 3 allowing automatic extension of the lease term for five (5) additional five (5) year terms, for a total extension of twenty-five (25) years, at an annual lease amount of $75,300 with an annual escalation of 3%; and WHEREAS, Director of Information Technology recommends approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the Temp. Reso # 12907 February 22, 2017 Page 2 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 T-Mobile South, LLC. to amend the expiration of the existing lease agreement and extend automatically for five (5) additional five (5) year terms, for a total extension of twenty-five (25) years, at an annual lease amount of $75,300 with an annual escalation of 3%. 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 T-Mobile South, LLC. to amend the expiration of the existing lease agreement and extend automatically for five (5) additional five (5) year terms, for a total of twenty-five (25) years, at an annual lease amount of $75,300 with an annual escalation of 3% 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso # 12907 February 22, 2017 Page 3 PASSED, ADOPTED AND APPROVED this day of 6t, 7 t , 2017. EBRA PLACKO VICE MAYOR ATTEST: _ 0 RECORD OF COMMISSION VOTE:aa� MAYOR DRESSLERl? DIST 1: COMM. BOLTON i y DIST 2: COMM. GOMEZ �- DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA]fUEL S. GOREN CITY ATTORNEY I Temp. Reso #8051 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- 2 7 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH OMNIPOINT COMMUNICATIONS MB OPERATIONS, INC.. FOR THE INSTALLATION OF A TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has negotiated an agreement with Omnipoint Communications MB Operations, Inc. for the installation of a telecommunications antenna and associated equipment on City property; and WHEREAS, additional telecommunications antennas in the City will enhance the quality of wireless telephone reception; and WHEREAS, the Director of MIS, Assistant to the City Manager, and the Planning and Zoning Manager recommend approval of the agreement; and WHEREAS, it is the City Manager's recommendation to execute the agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute an agreement with Omnipoint Communications MB Operations, Inc. for the installation of a telecommunications antenna and associated equipment. 2 Temp. Reso #8051 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City authorizes the appropriate City Officials to execute an agreement with Omnipoint communications MB Operations, Inc. (attached as "Exhibit 1 ") for the installation of a telecommunications antenna and associated equipment. SECTION 3: The City Manager is authorized to sign all necessary permit applications on behalf of the City as owner so this proposal can be processed. SECTION 4: The City leases to Omnipoint Communications MB Operations, Inc. approximately sixteen hundred (1,600) square feet of the land and space on the tower and all access and utility easements, if any, as described in said agreement (attached as "Exhibit 1 "). SECTION 5: The payment to the City is Twenty Six Thousand Four Hundred ($26,400) Dollars per year. On each anniversary of the Commencement Date during the term and renewal terms, the rent, exclusive of sales tax, shall be increased to an amount equal to one hundred five (105%) percent of the annual rent for the last twelve month period immediately prior to the adjustment (exclusive of sales tax). SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. L 1 1 3 Temp. Reso #8051 SECTION 7: 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 8: This Resolution shall become effective immediately upon its passage and adoption PASSED, ADOPTED AND APPROVED this 12 day of /VovCm,� 1997. ATTEST: �r CAROL A. EVANS City Clerk I HEREBY CERTIFY that I have pF roved this RESOI UTION as to form. UCHELL S. ity Attorney Omnipaint Communications/W 1 SCHREIBER Mayor RECORD OF COMMI MAYOR SCHREIBER QIST 1: COMM. McKAYE pIST 2: WM MISHKIN_ _ DIST 3: COMM. SULTANC pIST 4: COMM. ROBERTS VOTE EXHIBIT 1 ,TEMP RESO 8051 COMMUNICATIONS SITE LEASE AGREEMENT This Communications Site Lease Agreement ("Agreement") is entered into this 12 day of November , 199_, between Omnipoint Communications MB Operations, Inc., with an office at 600 Ansin Blvd. Hallandale, Fl 33009 ("Lessee"), and the City of Tamarac, a Florida municipal corporation, with an address of 7525 NW 88'" Avenue, Tamarac, FL 33321-2401 ("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land") and a telecommunications tower (the "Tower") located in the City of Tamarac, County of Broward, State of Florida. The Land is known as 7525 NW 88" Avenue, Tamarac, Florida 33321-2401 and is more particularly described in Exhibit A annexed hereto. The Tower and Land are collectively the "Property". Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately Sixteen hundred (1600) square feet of the Land and space on the Tower and all access and utility easements, if any, (collectively, the "Premises") as described in Exhibit B annexed hereto. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services ("Permitted Use"). 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below). Upon Lessee's request, Lessor agrees to provide promptly to Lessee copies of all plans, specifications, surveys and tower maps for the Land and Tower. The tower map shall include the elevation of all antennas on the Tower and the frequencies upon which each operates. 4. Term. The term of this Agreement shall be five (5) years beginning upon the commencement of the installation of Lessee Facilities (hereinafter defined), ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for Three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. 5. Rent. Within thirty (30) days of the Commencement Date, Lessee shall pay to Lessor as rent Twenty Six Thousand Four Hundred and 00/100 DOLLARS ($26,400.00) per year ("Rent"). On each anniversary of the Commencement Date during the Term and Renewal Terns, the Rent, exclusive of sales tax, shall be increased to an amount equal to one hundred five percent (105%) of the annual Rent for the last twelve month period immediately prior to the adjustment (exclusive of sales taxes). Rent shall -be payable to Lessor at City of Tamarac, 7525 NW 88`" Avenue, Tamarac, Florida, 33321-2401, Attention: Finance Department. The Lessee shall be entitled to a return of any pre -paid Rent made to Lessor in the event of early termination of this Agreement. 6. Facilities: Utilities: Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas and supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner and shall be subject to prior approval by Lessor. Title to the Lessee Facilities shall be held by Lessee. All of the Lessee Facilities shall remain Lessee's personal property and are not fixtures, Lessee has the right to remove all Lessee Facilities AZ its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee �� m►+s r Prepert}-er obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. 7. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or UUMsof the Property, provided that their installations predate that of the Lessee Facilities. Lessor shall be able to terminate this Agreement if Lessee's equipment interferes with Lessor's equipment or interferes with any other third party lessee or Lessee's equipment, provided that Lessor's equipment or such third parry's equipment is installed on the tower as of the Commencement Date, and provided that Lessee has been unable to eliminate such interference within thirty (30) days after notice of such interference from Lessor. If Lessor terminates this Agreement pursuant to this paragraph, Lessee shall remove immediately its equipment from the Tower. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. Kee mes to (b) Subsequent to the Commencement Date, Lessor shall not permit itself, its lessees or lieeHses to install �n L new equipment on the Property or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor shall, upon being advised of such interference by the Lessee, notify the third party of such interference. In the event Lessor fails to comply with this paragraph, Lessee may terminate this Agreement, and/or pursue any other remedies available under this agreement, at law, and/or at equity. In the event Lessee fails to comply with this paragraph, Lessor may terminate this agreement, and/or pursue any other remedies available under this Agreement, at law, and/or at equity. (c) Lessee acknowledges that the installations of the Lessor, Broward County, and Sprint Spectrum, L.P., anc( Oe-X+r-I predate the installation of Lessee's Facilities. 8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follow�by ither party upon a default of any covenant or term hereof by the other party, which default is not cured within () days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies. 11. Casualty and Condemnation. ?art (a) If any j9M of the Premises or Lessee Facilities is damaged by fire, act of God, inclement weather, or other casualty (herein "Casualty") so as to prevent the continued use of the Lessee Facilities for the Permitted Use in a commercially reasonable manner, then Lessee may terminate this Agreement by providing written notice to Lessor within (60) days of such Casualty, which termination shall be effective as of the date of such Casualty, and upon such termination, Lessee shall be excused from paying any further Rent and shall be entitled to a return of any pre -paid rent made to Lessor to the extent of the unused, prepaid Term, and further, Lessee shall remove Lessee Facilities and return the Premises to the Lessor in the condition it was prior to this Agreement, normal wear and tear excepted. In the event Lessee does not elect to so terminate this Agreement, then Lessee, at its sole cost, shall restore the Lessee Facilities to the condition existing prior to such damage and Lessee shall receive a Rent credit in proportion to the actual reduction or abatement of use of the Premises or Lessee Facilities. (b) If any part of the Premises is taken by eminent domain, or by a deed in lieu of condemnation, so as to prevent the continued use of the Lessee Facilities for the Permitted Use in a commercially reasonable manner, then Lessee may terminate this Agreement by providing written notice to Lessor, which termination shall be effective as of the date of the vesting of title in such taking. Upon such termination, Lessee shall be entitled to be reimbursed for any prepaid Rent, and Lessee shall be entitled to pursue its own separate award with respect to any taking by eminent . domain. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on the Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. 13. Assignment and Subletting Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or the Premises without the prior written consent of Lessor, provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring -fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof 14. Warranty of Title and Euioymeut. Lessor warrants that: (i) Lessor owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee ' paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Notwithstanding the foregoing, in the event Lessor's title or control over the Premises is challenged in such a manner so as to call into question the Lessee's use thereof pursuant to this Agreement, then Lessor agrees to defend such challenge at Lessor's cost and expense; and Lessee may utilize the Premises until, if ever, a final adjudication is received which prevents Lessee's continued use of the Premises or makes this Agreement invalid; and if such final adjudication is made, then Lessee shall be solely entitled to be excused from paying all further Rent, and shall receive a return of a prorated share of its advance Rents and any other amounts prepaid by Lessee. 15. Repairs. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 16. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Land in violation o any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose y Hazardous Material on, under, about or within the Land in violation of any law or regulation. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this agreement. 17. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the Ulest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefits of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: City of Tamarac 7525 NW 88`s Avenue Tamarac, Florida 33321-2401 Attention: City Manager Lessee: Omnipoint Communications, Inc. 600 Ansin Blvd. Hallandale, Florida 33309 Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Florida; venue is Broward County, Florida. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Property is located. In the event the Property is encumbered by mortgage or deed of trust, Lessor agrees to obtain and fiunish to Lessee a non -disturbance and . attornment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Premises. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. 0) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. 18. Tower Marking and Lighting Requirements. Lessor acknowledges that it, and not Lessee, shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Lessee be cited by either the FCC or FAA because the Tower is not in compliance and should Lessor fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee may either terminate this Agreement immediately on notice to Lessor or proceed to cure the conditions of noncompliance at Lessor's expense, which amounts may be deducted from the Rent. 19. Governmental Approvals. It is understood that it shall be Lessee's sole responsibility to obtain, at Lessee's sole cost and expense, any and all permits, consents and approvals from local, state or federal governmental authorities as required by Lessee to construct and operate the Lessee Facilities (collectively, the "Governmental Approvals"). Lessor agrees to cooperate with Lessee at no cost to the Lessor and to execute such documents reasonably required to obtain the Governmental Approvals, with the exception of approvals required from the City of Tamarac. The making of this Agreement does not constitute an abrogation of the Lessor's governmental land development regulatory power, and the Lessee's performance is contingent upon all such development approvals being obtained. Should the City of Tamarac or another governmental authority agency with jurisdiction not approve any required application for development approval, prerequisite to the installation or operation of the Lessee Facilities, this Agreement shall become automatically null and void as if same never existed and so as to not be the basis in any respect for a damage claim as a result of such denied development order. 20. Compliance with Laws. Lessor represents that Lessor'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. OCA BOf will comply with all applicable laws relating to its possession and use of c the Site_ Le (SIGNATURES ON NEXT PAGE) IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager signing by and through each duly authorized to execute same. A T: 2- Carol A. A. Evans, CMC City Clerk Date: November 12, 1997 LESSOR: CITY OF TAMARAC a Florida municipal corporation Name: 5 Joe Schreiber, Mayor • • • Witness �II� Print Name::_ y —3 Witness / �/ Print Name: c� � �-r� d�� Witness Prin Name: ' ( \ tomom Q Witness Print Name:�l41�8/t�i,P_U�(JD 4".1 L� Witness Print Name: wp" Witness Print Name:yt�r STATE OF FLORIDA COUNTY OF BROWARD Print: Joe Schreiber Title: Mayor Date: November 12, 1997 '\�� Name: ` Print: —Rcibert S Noe, Jr Title: C i +V Manager W Mit.bnell S-. -Rraft, City Attorney LESSEE: Omnipoint Communications, Inc. 600 Ansin Blvd. Hallandale, Florida 33309 �7 Name: G vYtAG� �.�, 6' V , Print: 191,a-r rry C o L Title: TYI c cit i l r Date: (NOTARIES ON NEXT PAGE) Joe Sch&e11be The foregoing instrument was acknowledged before me this 12 day of N O V 199 7 by , Mayor o the Ct o amarac, a Florida municipal corporation, who i ovally known me or has produced as identification and who di td not a an oath. Wl S y hand and official seal No Public IP`'� _�P' RY P EAL OFFICIAL NOTARY S Phvllis Polikoff _ e PHYLLIS POLtKOFF Print N.. ,� —r . My Commission expires: " * COMMISSION NUMBER O1P UB OFFICIAL NOTARY SEAL C C 3 9 03 9 2 STATE OF FLORIDA �i PHYLLIS POLIKOFF 'Y COMMISSION EXP. * I * COMMISSION NUMBER - < CC390392 ='t �� MY COMMISSION E.P. �OF ftio SEPT 23 1998 COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 12 NO V 7 �O, s i t S . Noe, � r . dg day of 199 by as City Manager of We Cityof Tamarac, a Florida municipal corporation, who i nall kno me or has produced as identification and who di id not take an oath. m d offtci seal Notary Piublic RY PijOFFICIAL NOTARY SEAL ]Phyllis PO1lkOff 0 �e�, PHYLLIS POUKOFF Print Name * fi * COMMISSION NUMBER My Commission expires: C C 3 9 0 3 9 2 o �t� 4� MY COMMISSION EXP. STATE OF FLORIDA Dew FOO SEPT 23 1998 COUNTY OF The foregoing instrument was acknowledged before me this day of k)v,r 1997 by of Omnipoint Communications MB Operations, Inc. o IsIs ersonally known off r has produced as identification and who did/did not take an oath. WITNESS my hand and official seal Notary Y o JUUA E. SCHNELL ,� v" _o_ ��— COMM11IION s CC 9"427 Prmt Name EAN 24.2000 My Commission expt Zires: ` l 7. c abSONMTHW OiAnAN>yC 80Np1 Co., INC. r� 0 EXHIBIT A I DESCR.IPTN OF LAND O To the Agreement dated Novemhe r 1 , 199L, by and between City of Tamarac, a Florida Municipal corporation, as Lessor, and Omnipoint Communications, Inc., as Lessee. The Land is described and/or depicted as follows: LEGAL DESCRIPTION PARENT TRACT: Parcel "A" TAMAR.AC MUNICIPAL COMPLEX PLAT, according to the Plat thereof, as recorded in Plat Book 133 at Page 41 of the Public Records of Broward County, Florida. �nr�� EXHIBIT B Owner r r7 A 7-Computed 'BLACK By°, n %7/ & VEA7CH Plant 72c/ 'e,' Unit Date /'I'�Z 9 19 9 7 Project No. 3 .S-- File No. Verified By Title / Dote 19 Page of _. W U d- W M 0 - . .. -- -Q h r Ado` /z`.- %9TE...� 3fG:r%6---- _ _ _�-,�.._ .. -• -' , XyS�d.,ciLeYTfor�►'► for /jTS._..._ ..._ - 7 -T Irk ruR dufd�&ric t14vF ui a, i7o" /o'Hp^r vEr - ---- lcz SArinY _ 3.7o 7-o/3 - —�--- -- _ -own,- _.—..C4(T,n NEw Sartr/f K -- _. TE ____._ } f REVISED, SUPERSEDED, AND VOID CALCULATIONS MUST ac CLE4P1 Y InrNTIMCn EXHIBIT C MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this 12 day of Nov 1997 by and between City of Tamarac A Florida Municipal corporation, with an address at 7525 NW 888 Avenue, Tamarac, FL 33321. 2401 (hereinafter referred to as "Lessor") and Omnipoint Communications MB Operations, Inc., 600 Ansin Blvd., Hallandale, FL 33009 (hereinafter referred to as "Lessee")_ Lessor is the owner of a parcel of land located in Broward County, Florida, described in the attached Exhibit "A" ("Land"). Lessor and Lessee entered into a Communication Site Lease Agreement ("Lease") on the 12 day of Nov, , 1997 for a portion of the Land ("Premises") together with the non-exclusive right, privilege, and easement over and across a portion of the land for access and utility service thereto, described in the attached Exhibit "B:, for the purpose of installing, operating, and maintaining a radio communications facility and other improvements. The term of the Lease is for five (5) years commencing on Nov. 121997, and ending on Nov. 11 , 2002 with three (3) successive (5) year options to renew. Lessor shall not permit itself, its lessees, or licensees, to install new equipment on the Land if such equipment causes interference with Lessee's operations. Nothing contained herein is intended to or does change, modify, or affect, any of the terms or provisions of the Lease or the rights, duties, obligations, easements, and covenants running with the land created thereby, all of which remain in full force and effect. IN WITNESS WHEREOF, the parties have made and executed this Memorandum of Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager, signing by and through each both duly authorized to execute same_ fATTEST: LESSOR: CITY OF TAMARAC / a Florida municipal corporation Date: November 12, 1997 Witness Print Names -' Witness Print Name: w Name: Pit- ,z6a scnreiner Title. -Mayor Date: November 12, 1997 Print- Robert S . Noe. J r . �L Title: City Manager \ I Print Name- .�J Name • � Print: arol A. Evans, CMC TitleCity Clerk Date:. November 12, 1997 (SIGNATURES CONTINUED ON NEXT PAGE) orney • • Witness Print Name Gv Witness Print Name:: z<C STATE OF FLORIDA COUNTY OF BROWARD LESSEE: Omnipoint Communications, Inc. 600 Ansin Blvd. Hallandale, Florida 33309 C .-�� i l Q Name: ) v J �y`i/Wa - Print' � n- Title: Date: Joe Schreiber The foregoing instrument was acknowledged before me this 12 day of NO V 1997 by , Mayor of the City of Tamarac, a Florida municipal corporation, who i rsonally own me or has produced as identification and who di did no a an oath. y and official scil Notary Pdblic , RY PU OFFICIAL NOTARY SEAL Phyllis Polikoff i1P 6�% PHYLLIS POLIKOFF Print Name Ir * COMMISSION NUMBER My Commission expires: O CC390392 ' 1 Q` MY COMMISSION EXP. STATE OF FLORIDA d0, F\-O SEPT 23 1998 COUNTY OF BROWARD The foregoing instrument was acknowledged before m 12 day of NO V 199 7 by Robert S. Noe as City Manager of the �iry Jr. Of Tamarac, a Florida municipal corporation, who is onally kn—oWfillp me or has produced as identification and who di not take an oath. 7 myjtgrtd and fficial Aiblic Notary gy PU iWrICIA NOTARY OTARY SEAL dry Phyllis Po 1 ikof f Print Name 1P PHYLLIS POUKOFF COMMISSION NUMBER 0VQ CC390322 My Commission expires: ytMY COMMISSION EXP. Fd: F`O SEPT— 23 1998 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 'A day of ►mod 1991 by of Omnipoint Communications MB Operations, Inc. o is personally own o me r has produced as identification and who did/did not take an oath. WITNESS my hand and official seal a Y Py� JUUA E. SCHNELL Notary Pu 1Fr COMIUMSION 0 CC W427 11 EXPEWS JAN 24. 2000 1 a 07011 rAu OF Ati/WTtC BANDING GO.. INC Print Name My Commission expires: I) -T 10 BLACK & VEATCH w U a_ m Z LLJ I- y' I- 0 e Owner /3av7 i n H T Computed By % �� ��° r %„� / Plant / Unit Dote ) g S' i Project No. - S_ File No, Verified By Title / Date _ 1 g c, r r Page of -- -�— add iz' G:�r�-,� 3`• .. --- _ __.. _ . _ .._ _._ �YQLTfar..l Fcr ../3Ts - Q. /'7 ro r -- _� �� _ -��_- -_ - .__.. .. Z- �►_ N - - --- • �- �44 -------..._ ._. _ _ �.� In -•-- - �- :. _.. _ ---_-_ _ SPrin7";_ ALS- o Zt rid _-- AJEd - ry/PdE �ow,,9, r �Er (E) FAA c . /8 1e--roi S�f PiEr - ---• - of PlATform - -�`� Alt d uirz i i r r- I -- - — - --: _ -i - 4 _ ToP I - .... _ — t _ -- _ _A REVISED, SUPERSEDED, AND VOID CALCULATIONS MUST PE CLEAPI_Y Temp. Reso #11035 August 15, 2006 Revised: August 25, 2006 Page 1 Is CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-1,6L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH T- MOBILE SOUTH LLC, AS SUCCESSOR IN INTEREST TO OMNIPOINT HOLDINGS, INC. TO LEASE ADDITIONAL GROUND SPACE AT A COST OF $350 PER MONTH FOR THE INSTALLATION OF A 20 KW PROPANE GENERATOR AT THE CELL TOWER SITE LOCATED AT 7525 NW 88th AVENUE, TAMARAC, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission passed resolution R97-277 approving a lease agreement, with T-Mobile South LLC, as successor in interest to Omnipoint Holdings, Inc. on November 1.2, 1997 providing for ground and tower space for cellular services at 7525 NW 88"' Avenue; attached hereto as Exhibit 1; and WHEREAS, on December 21, 2005 Omnipoint, Holdings Inc. with Voicestream Tampa/Orlando Inc, a Delaware Corporation merged with and into T-Mobile South LLC under the name of T-Mobile South LLC, a Delaware Limited Liability Corporation, becoming Omnipoint Holdings Inc. successor in interest as stated on the Certificate of Merger, attached hereto as Exhibit 2; and WHEREAS, twenty one (21) ft. by nine (9) ft. of additional ground space is needed to install a 20 KW propane generator; and WHEREAS, this standby generator will allow T-Mobile South LLC to continue to 16 operate the cell site during unexpected power outages; and WHEREAS, T-Mobile South LLC will pay $350 per month for the additional ground space increasing the total annual lease payment for this site to $45,155; and Temp. Reso #11035 August 15, 2006 Revised: August 25, 2006 Page 2 WHEREAS, the Director of IT recommends approval of the amendment; and It 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 the First Amendment to the Communications Site Lease Agreement with T-Mobile South LLC to lease additional ground space at a cost of $350 per month for the installation of a 20 KW propane generator at the cell tower site located at 7525 NW 88t' Avenue, Tamarac, attached hereto as Exhibit 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the First Amendment to the Communications Site Lease Agreement with T-Mobile South LLC, attached hereto as Exhibit 3, providing for T-Mobile South LLC to lease additional ground space at a cost of $350 per month for the installation of a 20KW propane generator at the cell tower site located at 7525 NW 88t' Avenue, said site more fully described in Exhibit A of Exhibit 3. SECTION 3: The appropriate City Officials are hereby authorized to sign all necessary permit applications on behalf of the City as owner so this amendment can be processed. SECTION 4: The payment for the additional space will be Three hundred and fifty ($350) Dollars per month for a total of $45,155 in annual lease payments for T-Mobile South 40 LLC at this site with 5% annual increases. r N No Temp. Reso #11035 August 15, 2006 Revised: August 25, 2006 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 JAay &60CMber, , 2006. "11111111*16 MARION SWENS N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 9 .YMW'A'�_/0 S MUEL 9. GO CITY ATTOR Y ,,, /---. /.,. _. - - /,- -//- Z"Adr- Beth Flartsbaum Talabisco J Mayor RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF Me DIST 4: COMM. DRESSLER 1 Temp. Reso #8051 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- 2 7 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH OMNIPOINT COMMUNICATIONS MB OPERATIONS, INC. FOR THE INSTALLATION OF A TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has negotiated an agreement with Omnipoint Communications MB Operations, Inc. for the installation of a telecommunications antenna and associated equipment on City property; and WHEREAS, additional telecommunications antennas in the City will enhance the quality of wireless telephone reception; and WHEREAS, the Director of MIS, Assistant to the City Manager, and the Planning and Zoning Manager recommend approval of the agreement; and WHEREAS, it is the City Manager's recommendation to execute the agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute an agreement with Omnipoint Communications MB Operations, Inc. for the .installation of a telecommunications antenna and associated equipment. z Temp. Reso #8051 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 speck part of this Resolution. SECTION 2: The City authorizes the appropriate City Officials to execute an agreement with Omnipoint communications MB Operations, Inc. (attached as "Exhibit 1 ") for the installation of a telecommunications antenna and associated equipment. SECTION 3: The City Manager is authorized to sign all necessary permit applications on behalf of the City as owner so this proposal can be processed. SECTION 4: The City leases to Omnipoint Communications MB Operations, Inc. approximately sixteen hundred (1,600) square feet of the land and space on the tower and all access and utility easements, if any, as described in said agreement (attached as "Exhibit I"). SECTION 5: The payment to the City is Twenty Six Thousand Four Hundred ($26,400).Dollars per year. On each anniversary of the Commencement Date during the term and renewal terms, the rent, exclusive of sales tax, shall be increased to an amount equal to one hundred five (105%) percent of the annual rent for the last twelve month period immediately prior to the adjustment (exclusive of sales tax). SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 3 Temp. Reso #8061 SECTION 7: 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 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /-2 day of IV vcJw 1997. ATTEST: i 4 CAROL A. EVANS City Clerk I HEREBY CERTIFY that I have ;,/6p-proved this RESOI TION as to form. MLTCHELL S. KRAFT City Attorney Omnipoint Communications/rkt 1 ,APE SCHREIBER Mayor RECORD OF COMMIS MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS Wei i EXHIBIT 1 TEMP RESO 8051 COMMUNICATIONS SITE LEASE AGREEMENT This Communications Site Lease Agreement ("Agreement") is entered into this 12 day of November 199 7 , between Omnipoint Communications MB Operations, Inc., with an office at 600 Ansin Blvd. Hallandale, Fl 33009 ("Lessee"), and the City of Tamarac, a Florida municipal corporation, with an address of 7525 NW 88" Avenue, Tamarac, FL 33321-2401 ("Lessor"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Lagd") and a telecommunications tower (the "Tower") located in the City of Tamarac: County of Broward, State of Florida. The Land is known as 7525 NW 88's Avenue, Tamarac, Florida 33321-2401 and is more particularly described in Exhibit A annexed hereto. The Tower and Land are collectively the "Property". Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately Sixteen hundred (I 600) square feet of the Land and space on the Tower and all access and utility easements, if any, (collectively, the "Premises") as described in Exhibit B annexed hereto. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services ("Permitted Use"). I Tests and Construction. Lessee .shall have the right at any -time following the full execution of this, Agreement to enter upon the property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below). Upon Lessee's request, Lessor agrees to provide promptly to Lessee copies of all plans, specifications, surveys and tower maps for the Land and Tower. The tower map shall include the elevation of all antennas on the Tower and the frequencies upon which each operates. 4. Tern:. The term of this Agreement shall be five (5) years beginning upon the commencement of the installation of Lessee Facilities (hereinafter defined), ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for Three (3) successive five (5) year periods (the "Renewal Terms") on the same terns and conditions as set forth herein. This agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. 5. Rent. Within thirty (30) days of the Commencement Date, Lessee shall pay to Lessor as rent Twenty Six Thousand Four Hundred and 00/100 DOLLARS ($26,400.00) per year ("Rent"). On each anniversary of the Commencement Date during the Term and Renewal Terms, the Rent, exclusive of sales tax, shall be increased to an amount equal to one hundred five percent (105%) of the annual Rent for the last twelve month period immediately prior to the adjustment (exclusive of sales taxes). Rent shall be payable to Lessor at City of Tamarac, 7525 NW 88'" Avenue, Tamarac, Florida, 33321-2401, Attention: Finance Department. The Lessee shall be entitled to a return of any pre -paid Rent made to Lessor in the event of early termination of this Agreement. 6. Facilities: Utilities: Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas and supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner and shall be subject to prior approval by Lessor. Title to the Lessee Facilities shall be held by Lessee. All of the Lessee Facilities shall remain Lessee's personal property and are not fixtures, Lessee has the right to remove all Lessee Facilities aad its. sole expense on or before the expiration or earlier termination of the Agreement; provided. Lessee repairs any damage to the Premises caused by such removal. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company_ Lessee shall h . YYINsf Prepeny-or obtain separate utility service from any utility company that will provide service to the Property (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24).hours a day, seven (7) days a week at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a matner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways. 7. Interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or 4UM of the Property, provided that their installations predate that of the Lessee Facilities. Lessor shall be able to terminate this Agreement if Lessee's equipment interferes with Lessor's equipment or interferes with any other third lessee _ _ _. �L party or Lessee's equipment, provided that Lessor's equipment or such third parry's equipment is installed on the tower as of the Commencement Date, and provided that Lessee has been unable. to eliminate such interference within thirty (30) days after notice of such interference from Lessor. If Lessor terminates this Agreement pursuant to this paragraph, Lessee shall remove immediately its equipment from the Tower. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. [iccnsee5 (b) Subsequent to the Commencement Date, Lessor shall not permit itself, its lessees or keensm to install M L new equipment on the Property or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. N In the event interference occurs, Lessor shall, upon being advised of such interference by the Lessee, notify the third party of such interference. In the event Lessor fails to comply with this paragraph, Lessee may terminate this Agreement, and/or pursue any other remedies available under this agreement, at law, and/or at equity. In the event Lessee fails to comply with this paragraph. Lessor may terminate this agreement, and/or pursue any other remedies available under this Agreement, at law, and/or at equity. (c) Lessee acknowledges that the installations of the Lessor, Broward County, and Sprint Spectrum, L.P., rend de-xir-' predate the installation of Lessee's Facilities. S. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a fmancing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as folloby��ooeither party upon a default of any covenant or term hereof by the other party, which default is not cured within (fie) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies. 11. Casualty and Condemnation. f (a) If any 1W of the Premises or Lessee Facilities is damaged by fire, act of God, inclement weather, or other casualty (herein "Casualty") so as to prevent the continued use of the Lessee Facilities for the Permitted Use in a t� �1� commerciaiy reasonable manner, then Lessee may terminate this Agreement by providing written notice to Lessor within (60) days of such Casualty, which termination shall be effective as of the date of such Casualty, and upon such termination. Lessee shall be excused from paying any further Rent and shall be entitled to a return of any pre -paid rent trade to Lessor to the extent of the unused, prepaid Tenon, and further, Lessee shall remove Lessee Facilities and return the Premises to the Lessor in the condition it was prior to this Agreement, normal wear and tear excepted. In the event Lessee does not elect to so terminate, this Agreement, then Lessee, at its sole cost, shall restore the Lessee Facilities to the condition existing prior to such damage and Lessee shall receive a Rent credit in proportion to the actual reduction or abatement of use of the Premises or Lessee Facilities. (b) If any part of the Premises is taken by eminent domain, or by a deed in lieu of condemnation, so as to prevent the continued use of the Lessee Facilities for the Permitted Use in a commercially reasonable manner, then Lessee may terminate this Agreement by providing written notice to Lessor, which termination shall be effective as of the date of the vesting of title in such taking. Upon such termination, Lessee shall be entitled to be reimbursed for any prepaid Rent, and Lessee shall be entitled to pursue its own separate award with respect to any taking by eminent domain. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on the Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. 13. Assienment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or the Premises without the prior written consent of Lessor, provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring -fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Qw�rF 14. Warranty of Title and Ov" Enjoyment. Lessor wan -ants that: (i) Lessor owns the Property in fee simple Ilkand has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Notwithstanding the foregoing, in the event Lessor's title or control over the Premises is challenged in such a manner so as to call into question the Lessee's use thereof pursuant to this Agreement, then Lessor agrees to defend such challenge at Lessor's cost and expense: and Lessee may utilize the Premises until, if ever. a final adjudication is received which prevents Lessee's continued use of the Premises or makes this Agreement invalid; and if such final adjudication is made. then Lessee shall be solely entitled to be excused from paying all further Rent, and shall receive a return of a prorated share of its advance Rents and any other amounts prepaid by Lessee. 15. ftairs. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 16. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or 1J' permitted the use, generation, storage or disposal oil any Hazardous Material on, under, about or within the Land in violation ogany law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or disposeMy Hazardous Material on, under, about or within the Land in violation of any law or regulation. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this agreement. 17. mbcellsneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefits of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: City of Tama ac Lessee: Omnipoint Communications, Inc. 7525 NW 88te Avenue 600 Ansin Blvd. Tamarac, Florida 33321-2401 Hallandale, Florida 33309 Attention: City Manager Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other parry. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Florida; venue is Broward County, Florida. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Property is located. In the event the Property is encumbered by mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non -disturbance and attotnment instrument for each such mortgage or deed of trust. (g) Lessee may obtain title insurance on its interest in the Premises. Lessor shall cooperate by executing documentation required by the title insurance company. (h) In any case where the approval or consent of one parry hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. 0) All Riders and Exhibits annexed hereto form material parts of this Agreement_ 0) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. is. Tower Marking and Lighting Requirements. Lessor acknowledges that it, and not Lessee, shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Lessee be cited by either the FCC or FAA because the Tower is not in compliance and should Lessor fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee may either terminate this Agreement immediately on notice to Lessor or proceed to cure the conditions of noncompliance at Lessor's expense, which amounts may be deducted from the Rent. 19. G9vernmental Approvals. It is understood that it shall be Lessee's sole responsibility to obtain, at Lessee's sole cost and expense, any and all permits, consents and approvals from local, state or federal governmental authorities as required by Lessee to construct and operate the Lessee Facilities (collectively, the "Governmental Approvals"). Lessor agrees to cooperate with Lessee at no cost to the Lessor and to execute such documents reasonably required to obtain the Governmental Approvals, with the exception of approvals required from the City of Tamarac. The making of this Agreement does not constitute an abrogation of the Lessor's governmental land development regulatory power, and the Lessee's erfonnance is con emu _._ . p g upon all such development approvals b..eing obtained. Should the City of Tamarac or another governmental authority agency with jurisdiction not approve any required application for development approval, prerequisite to the installation or operation of the Lessee Facilities, this Agreement shall become automatically null and void as if same never existed and so as to not be the basis in any respect for a damage claim as a result of such denied development order. 20. Compliance with Laws. Lessor represents that Lessor's property (including the Site), and all improvements located thereon, are in compliance with building, life/safny, disability and other laws, codes and regulations of applicable government authorities. QQ4B6f will comply with all applicable laws relating to its possession and use of 6N� the Site. GCtu& (SIGNATURES ON NEXT PAGE) IN WITNESS WHEREOF, the parries have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Marta e T signing by and through f- a r h duly authorized to execute same. ATTEST: Carol A. Evans, CMC City Clerk Date: November 12, 1997 LESSOR: CITY OF TAMARAC a Florida municipal corporation Name: ; `E = �G (_ ti•�+' '� 5 Joe Schreiber, Mayor Witness Print Name::. Witness /- Print Name: Lu�. Witness 1� Print. Name �vt ' I Witness Print Name: D Witness _ Print Name: f5ct � r J . tz,-Lc,c STATE OF FLORIDA COUNTY OF BROWARD Print: Joe Schreiber Title: Mayor II .. • -u• ' Name: 1 b� Print: ,Rnho ri- S Noe, Jr Title: ri +-IT MxIpag r r 1 MitbA611- 5__ _Iraft �. r.. � ✓...... City Attorney j,� LESSEE: Omnipoint Communications, Inc. 600 Ansin Blvd. Hallandale, Florida 33309 --5' Name:. 6JvW3Gc Q Print:) (J'_t'1/ Title: ! La Date: / d 7 (NOTARIES ON NEXT PAGE) The foregoing instrument was acknowledged before me this 12 day of NO V 199 % by Joe Mayor of the C b of Tamarac, a Florida municipal corporation, who i neliy k—,o--DnD me or has produced as identification and who di did not a an oath. S y hand d official sea! N Public Phy 11 i s Po 1 i, k o f f �av PC% OFFICIAL NOTARY SEAL Print Name 7(� PNYLL13 POLIKOFF 6 My Commission expires: y COMMISSION NUMBER OAP (/e OFFICIAL NOTARY SEAL C C 3 9 0 3 9 2 STATE OF FLORMA �i PHYLLIS POLIKOFF COMMISSION EXP. N < COMMISSION NUMBER +OOA CC390392 �� MY COMMISSION EXP. FOr f�0 SEPT 23 1998 COUNTY OF BROWARD Theforcgoung instrument was acknowledged before me this 12 day ofNOV 199 7 Robert S . Noe, J r . Tamarac, a Florida municipal corporation, who i ovally kno o me or has produced as identification and who dl thCity n take an oath. ni off,631 sea! Notary Pkilific AP Ry P& OFFICIAL NOTARY SEAL Phyllis PO l i k o f f OBpi PNYLLIS POLIKOFF Print am�t e' 2 O COMMISSION NUMBER MY Cosa ussion expires: *'^.W17y e CC390392 �a MY COMMISSION EXP. STATE OF FLORD)A Off SEPT 23 1298 11 COUNTY OF Theittstn foregoing ttnent was acknowledged before me this `4 day of Uo,r 1997 :iL.tc S�c.dit. I by of Otnnipoint an oath. Communications MB Operations, 4tc. o is ersonally"" crno'wn to r has produced as identification and who diddid not take WITNESS my hand Vd.pfficial seal. _. Notary 'c Print Name My Commission expires: L Z Ll Z. eoD T' JUUA E. SC14NEtLL COMMOMM • CC SV427 BOMMSvEXMU AN�2000 AnAIMC BONOMIo Co., INC. EXHIBIT A DESCRIPTION OF LAND To the Agreement dated -November 17 . 1997 , by and between City of Tamarac, a Florida Municipal corporation, as Lessor, and Omnipoint Communications, Inc., as Lessee. The Land is described and/or depicted as follows: LEGAL DESCRIPTION PARENT TRACT: Parcel "A" TAMARAC MUNICIPAL COMPLEX PLAT, according to the Plat thereof, as recorded in Plat Book 133 at Page 41 of the Public Records of Broward County, Florida. 8 W U IZ V7 U) Z w 0 HM m Z 9 CK & Owner vt,✓, �� /, 7—Computed By VEATCH Plant �.— /� c Unit Date 14 19 a 7 Project No, 3 S File No. Verified By Title ,C / Date 19 Page of _.On•�rn,�oc%s,T...�6psE......4r'�rP .a..yo�� .._,'..., �, , _...__--=--. _ � _.._-_, Foy /3rs -- - _ ... _ __ ..... _.. . - ---- • -- - - --� ._.. _ . (� Y -_�R✓E Guide&ic io•Hy"� ovEr �/8" �o•Top -- c� P1Arforr+ —8-- - - - --one- _._��.. -C FEACE? `— rlEi✓FEncE SettrhJ _ T AleA 4FO _ MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this 12 day of Nov , 1997 by and between City of Tamarac A Florida Municipal corporation, with an address at 7525 NW 888 venue, Tamarac, FL 33321- 2401 (hereinafter referred to as "Lessor") and Omnipoint Communications MB Operations, Inc., 600 Ansin Blvd., Hallandale, FL 33009 (hereinafter referred to as "Lessee"). Lessor is the owner of a parcel of land located in Broward County, Florida, described in the attached Exhibit Lessor and Lessee entered into a Communication Site Lease Agreement ("Lease") on the 12 day of Nov _ , 1997 for a portion of the Land ("Premises") together with the non-exclusive right, privilege, and easement over and across a portion of the Land for access and utility service thereto, described in the attached Exhibit "B:, for the purpose of installing, operating, and maintaining a radio communications facility and other improvements. The term of the Lease is for five (5) years commencing on Nov,� 121997, and ending on Nov. 11 2002 with three (3) successive (5) year options to renew. Lessor shall not peimit itself; its lessees, or licensees, to installl 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 e a c h both duly authorized to execute same. ATTEST: Date: November 12, 1997 Witness Print Name�,­,Q Ni„1V, P. ,' u -. 44 , Witness 1 Print Name: -� r Print Name J A l)C1 Name:( Print: Carol A. Evans, CMC Title: City Clerk Date: November 12, 1997 LESSOR: CITY OF TAMARAC a Florida municipal corporation Name: Print: a Lle Sch r e h e T Title: -mayor Date: November 12, 1997 Name: Print- Robert S. Noe. Jr. Title: City Manager (SIGNATURES CONTINUED ON NEXT PAGE) orney oovv Witness , 4m� - Print Name: /�' ✓/ 4a- t A.l ,-� Print Name: STATE OF FLORIDA COUNTY OF BROWARD LESSEE: Omnipoint Colnlnlmications, Inc. 600 Ansin Blvd. Hallandale, Florida 33309 Name: yy^^� Print- F' jz GPy rI' Title: ^,r 01'f e-ct- r Date: / / y l k -1 Joe Schreiber The foregoing instrument was admowled ed before me this 12 day of NOV 1997 by , Mayor of the City of Tamarac, a Florida municipal corporation, who i ttally known me or has produced as identification and who di4Eno an oath, y and o teal _... . . Notary PAlic 61U _ O�PIiY PeeARY SEAL r, PHYALLIS POLIKOFF Phyllis Polikoff BE Print Name »COMMISSION NUMR My Commission expires: C C 3 9 039 2 74 MY COMMISSION EXP. STATE OF FLORIDA eOF F%O SEPT 23 1998 COUNTY OF BROWARD Robert S. Noe Jr. The foregoing instrument was admowledged before m ' 12 day of Nov 199 7 by as Ciry Manager of the City of Tamarac, a Florida municipal corporation who is Wetly known me or has produced as identification and who di not tape an oath. Phyllis Polikoff Print Name My Commission expires: STATE OF FLORIDA COUNTY OF OTAREAL EL POLI51N NCC390392 rOMMISSION EXP. PT 23 1998 The foregoing instrument was acimowledged before me this `{ day of K� 1997 by of Omnipoint Communications MB Operations, Inc. o is personally has produced as identification and who did/did not take an oath. WITNESS my hand and official seal Cl�� -S ,-4...,,,,�.Q� ►• ►� JUUA E. SCHNELL Notary Pu COMMMSION 0 CC W427 EXPRI98 JAN 24 2WO ��� tlt]I�D?IIRU Print Name My Commission expires: 1 Z Lk Lt:�D(7 El BLACK & VEATCH r� w Q (!7 W z e ...w1lC1 i I—OAll r /r/r/,9 r Computed By Plant ,'T Unit Data /n - 9 t g 1 Project No.. -76 <_,7S-- _ File No. Verified By Tide / /0 ,z d Date 19— rm: r Y jrr Page of _I f --OirtvlrPai'hT_�E,Itt - -•. i _ ....._._--- ... _. -... _ _.._ ,� i4dd ",c:.�c.E`.'Tci�p Si��- _SoctTil �• :�il�sT . -- :.: _ . -�— -•- ; _...__.-- .: -. _' ._� . - - _-: :. add /Z GrE-i- a - ' Fo_ e Bri - - tub✓EG-,de- --44Z N -- - - ---- - SPrinT 3. re ro/v - IlC` - - - ---._..._ - --of P1ATform �d..�-_� • __ _ —0��1 o:.►r : _.:::.. -- -CAI �, .:-..�:�.. :..__ _ .,.� __-.. _:.: .._ _ __. �.-_ .: _: �- 140 Ow At 7 __... `�------ --�Em � s• Gary------ ; ___ ._._.___—_.jA�E.+� -- __. EXHIBIT 2 Apr 21 2006 3:33PM HP LRSERJET 3330 The First DRLANRRS, DO iIIIQBSBY cxarxFY 2= A7"J OOPY OP T= CBATIFrCATB OF mmm, "VDZCWTASAN TAWAAMAIM, ZJK WZ7H AND XWO "T MOBnX BOUTS I "T-JWWLS SOUTH T,LC^, A Lr=TBD YlA J=STTM VXD= 72M I.AW OF TW STAI AND FXLBD rm TVs OPTICS 2w 2wmwm 2003, AT 11:33 O'CLOCK A.M. AND Z DO NSREBY B[lMUM CSRTZFY TEE AFORMAID CEWMCATK OF A.D. 2006, AT 1:30 O'CLOCK A.X. A FZLAA COPY OF 2wzs cmrxFICAT N" CAS'TLS CID[J1rrr AM-VJUM OP DXBD3 4050040 Bloom 051046146 are PAGE' I MY OF STATE OF TER PrATS OF CUM ZS A TRQS AND COsUtSCT HICK Agotaw: A VZL]: M N CORBORATZON, 70 U30M was maw OB MZTY COoPAUY C§ifiuATlZSD AND OP DNLARV=.. AS RXCXZVSD PZRST DAY O]P DMCJMSM, A.D. TBAT T$S SFFXCTM DIATS OF is Tim FIRST DAY OF yAwARr, C me BEEN MBIW MSD To THE �Mndae, S«rwq at Sore WrXCATION: 4394932 DATE: 12-21-05 P. 1 Rpr 21 2006 3:33PH HP LRSERJET 3330 abms oe CM1wame f. t4w of 8s r JUM 11:33 AN zt*2z/1t7t7s sw 8=06#146 - IA380i�8 was STATE OF UIM&WARE CMIRCAT'E OF R OF D�OMB3TiC CORPO 7ION DOMES7lC LIMlT$D t1 wn COMPANY Pwsuw so ntte R Saotr w 2"c) of t w Dole wrelt owa Copoestian Law and Title s. Section 1116ng of dto L-mikd Liability QW*drty Nat, the wtdeaip W ihtdtad liability cox*my oaeaaed the (*IWA%Catifloaq of Ra ur. 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Miller a aw POSM . twww* AL maw "Ma +me Senior Vice President i Rpr, 21 2006 3:33PM HP LRSERJET 3330 P_4 To Whom it May Concern: On February 2S, 2000, the Mowing transaetic Corporation, a Washington corporation and wholly-ou Holding Corporation, a Delaware corporation, imaged Corporation, a Wa Wngton corporation, (2) VoiceStra corporation and wiblly-owned mksidisry of jW.%U swath and into QSg Spout Corporation, and (3) ' changed its nm= to VS Washic ron Corporation and } Corporation, now the parrot, clmged its namc to Voic On May 4, 20A VoiccStrcam Subsidiary TIT C wholly -owned subsidiary of VoiceSuvam Wireless Ca Commumicsfions, Ioc, a Ddawme cogxxmdosL Aerial owned subsidiary of VoiceSt =m. Wucless Corporatio For quesdow or more iniiounation regarding Sr. Legal Affairs Spocialist at 4251653-5019. January 31, 2001 ocourred: (1) VoiccSt maw Subsidiary I d subsidiary of VoioeStream Wireless th and iato VoicaStrcam Wireless Subsidiary U Corporaxim a Dekware vacs Winslow Corpora :apt Wheless Holding Winless CugxM OU. 4 a Delaware corporation and a merged with and udo Aerial cations, Im. is now a wholly - structure, please contact Loe Tosbewm S;nc=ly, VOICESTRBAM W WIU P.SS CORPORATION David A. Miller i Assistant Secretary 11 1 Apr 21 2006 3:34PM HP L.RSERJET 3330 P.5 V Ile OFFICER'S The undersigned, as Assista:it Secretary of Voices Corparation (the " 3e). does hereby Catify Delaware corporation; Onnipoint Con7m1{rllcsdons 4 habllity may; On uipoint Con=uuications partaarship; OPCS Philadelpbw Hokluq s, LLC, a l O raipoint Facilities Network 2, LLC, a Delaware ]ir the Cody Date: Dc=ber 3, 200] 1 ZM SE-Vffi SUCc4 BeAmm. WA "006 VOICWTREAN A. tam Wireless Corporation, a Delaware bat Omuipoint Communications, Inc, a tp Opaations. LLC, a Delaware limited uterpdaes, T. -P , a Delaware limited gaware finited liability company, and !red liability oomparty arc subsidiaries of CORPORATIM H r 21 2000 8s 34PM Mr �na"�..� • - �' .ica f► f vc j aep-ea-v< ;d; I zvY; Page 213 - - - - -- srusuWO'CrO M wAv-eJL&SMj page 2 OYl�2• MOL FAZ 42s Lai Not* • ^r-XpgIiB V611 � L6ASU'[ 1�CO2 4 D Me I ie prst st e S, aamm =a= WIM)SOR.. 83CRSTm� OT am= of ='s 8TDT8 OF VJP THE RznTIETH D&T of ilY 212, A.D. 200 2 , Al' F o' CLO(S $om - A. FILED CONY of 2na CER=rzCats Hari a'Q TO M mci cmmxa Comm leH[ NNM ar - DRESS . r 3058421 6100 020347270 M%Yl�r• sMC1l+iry � SRq FxcsrrveTs isss9is. DMM : 0 8-30--0,2 09/23/2002 VON 16:39 tTX/Rx NO 79241 16002 _ j . FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN T-MOBILE SOUTH LLC AND THE CITY OF TAMARAC THIS FIRST AMENDMENT to the Communications Site Lease Agreement dated November 12, 1997 between the City of Tamarac and T-Mobile South LLC, as successor in interest to Omnipoint Holdings, Inc. (which was the successor in interest to Omnipoint Communications MB Operations LLC under the Communications Site Lease Agreement is made and entered into this Bih day o I hff, 2006, by and between: CITY OF TAMARAC, FLORIDA ("LESSOR"), a municipal corporation organized and operating pursuant to the laws of the State of Florida, with a business address of 7525 NW 881h Avenue, Tamarac, Florida; and T-MOBILE SOUTH LLC, Successor in interest to OMNIPOINT HOLDINGS, INC., which was successor in interest to Omnipoint Communications MB Operations LLC ("LESSEE"), a Delaware limited liability company, with principal offices located at 8100 SW 10" Street Building 3, Suite 1000, Plantation, Florida 33324. (LESSOR and LESSEE hereafter collectively referred to as the "Parties"). WITNESSETH WHEREAS, on November 12, 1997, the Parties entered into a five (5) year Communications Site Lease Agreement ("Original Agreement") whereby the LESSEE agreed to rent from the LESSOR a fifteen (15) foot by twenty one (21) foot section of certain ground space real property generally located at 7525 NW 88`" Avenue, Tamarac, Florida 33321 (the "Property"), and WHEREAS, the Original Agreement provides LESSEE with the right to extend the Term for three (3) successive five (5) year periods and is currently in its first Renewal Term which commenced on November 13, 2002. WHEREAS, pursuant to the Original Agreement, the LESSEE occupied exclusive tower and ground, and LESSOR granted to LESSEE for the term of the lease a non-exclusive easement upon adjoining property owned by the LESSOR for 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; and WHEREAS, the Original Agreement provided that the LESSEE shall pay the LESSOR the sum of twenty-six thousand four hundred dollars ($26,400.00) annually as Rent; and WHEREAS, the LESSOR and the LESSEE now agree to an additional three hundred and fifty dollars ($350.00) per month rent increase for additional space to be located at the Property; and WHEREAS, this First Amendment to the Original Agreement between the parties reasserts and reaffirms that the Original Agreement was executed on November 12, 1997, and is currently in its first Renewal Term .which will terminate on November 12, 2007, with provisions for additional renewals. NOW, THEREFORE, for and in consideration of the mutual covenants and other good and 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. The LESSOR and the LESSEE hereby agree to a three hundred fifty dollars ($350.00) per month Rent increase to cover the cost of additional space, more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 3. Unless otherwise defined herein, capitalized terms used in this Amendment have the same meanings such terms are given in the Original Agreement. SECTION 4. The Parties agree that in all other respects the Original Agreement shall remain in full force and effect, except as specifically modified herein. Page 2 of 3 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. ATTEST: MARION SWE ON, CITY CLERK I:VV-IV#W*3 u� THE r-ITY A WITNESSES: C.oa K A• CCUh MErb k Print N Print Nam LESSOR: CITY OF TAMARAC, FLORIDA BY: MAYOR BETH FLANSBAUM-TALABISCO LESSEE T-MOBILE SOUTH LLC BY: TITLE: _ l--- ' d w e,, CERTIFICATION The foregoing instrument w s ackno ledged before me on this // day of 006 by r- - as of T-Mobile South L C, a Delaware li la iited m1e,-- bility company, on behalf o e liability company. He/she is rsonally knoto me or has produced as identificati '. LAZARA R.DAVALOS MY COMMISSION M DO 342228 EXPIRES: A119ust20,2008 8006d?nry Notary PON, U,1a,ruers Page 3 of 3 X3 SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT This SECOND Amendment to COMMUNICATIONS SITE LEASE AGREEMENT (the "Amendment") is effective as of the date of execution by the last party to sign (the "Effective Date") by and between CITY OF TAMARAC, a Florida municipal corporation ("Lessor") and T- MOBILE SOUTH LLC, a Delawa ed liability company ("Lessee") (collectively, the "Parties"). Lessc Lessor and (o eir predecessors-in-interest) entered into that certain COMMUNICATIONS SITE LEASE AdREEMENT dated NOVEMBER 12, 1997, including the First Amendment dated September 13, 2006 (collectively, the "Agreement") regarding Lessor's leased area ("Premises") located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (the "Property"). This Amendment together with the Agreement shall collectively be known as the "Agreement". NOW, for good and valuable consideration, Lessor and Lessee agree as follows: 1. The Agreement is in full force and effect and neither Lessor nor Lessee is in breach under the terms of the Agreement. 2. At the expiration of the Agreement, the Term of the Agreement will automatically be extended for five (5) additional and successive five (5) year terms (each a "Renewal Term"), provided, that Lessee may elect not to renew by providing Lessor thirty (30) days' notice prior to the expiration of the then current Renewal Term. 3. At the commencement of the first Renewal Term provided for in this Amendment, Lessee shall pay Lessor an annual rent totaling seventy-five thousand, three hundred and 00/100 Dollars ($75,300), paying six thousand, two hundred seventy-five and 00/100 Dollars ($6,275.00) per month ("Rent") in advance, by the fifth day of each month. Rent shall be adjusted annually, effective on each anniversary of the Renewal Term,•by an amount equal to Three percent (3%) over the Rent for the immediately preceding year. 4. For delivery of any and all notices, requests, demands and other communications Lessee hereby amends and designates the following address for delivery to Lessee. To: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/ 6FB1103B {00171124.3 2704-0501640} 1 Site Number:6FB1103BSite Name: City of Tamarac Monopole 5. To the extent any provision contained in this Amendment conflicts with the terms of the Agreement, the terms and provisions of this Amendment shall control. 6. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic copies of this Amendment will legally bind the parties to the same extent as originals. 7. Each of the Parties represents and warrants that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. IN WITNESS, the parties execute this Amendment as of the Effective Date. Lessor: Lessee: CITY OF TAMARAC, FLORIDA T-MOBILE SOUTH LLC By: <'` By: Print Name: kia )'v'c Prin Name: /� / James B. Walther Title: / / C / G/�i - Title: Director, Engineering Network Oper,t ions Date: a2 4 / 7 Date: B . o� � . T-Mobile Contract Attorney Print Name: i E (. (V12 Title: / .�, /l� 1 � �- !`4 r r / 7 Date: e- - (-- APPRC31,EC AS v.Ot LEG o FORM DATED F T i Y 1 T RNEY {00171124.3 2704-0501640) 2 Site Number:6FB1103BSite Name: City of Tamarac Monopole Memorandum of Lease Amendment After Recording, Mail To: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attn: Lease Compliance/6FB1103B APN: MEMORANDUM OF LEASE AMENDMENT A Second Amendment to the Communications Site Lease Agreement (the "Agreement") by and between City of Tamarac, a Florida municipal corporation ("Lessor") and T-Mobile South, LLC, a Delaware limited liability company ("Lessee") was made regarding a portion of the following property(as more particularly described in the Agreement, the "Premises"): See Attached Exhibit A incorporated herein for all purposes. Without limiting the terms and conditions of the Agreement, Lessor and Lessee hereby acknowledge the following: 1. Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed to such terms in the Agreement. 2. Lessor and Lessee have entered into an Amendment to the Agreement (collectively, the "Lease"), the term of which shall be extended for five (5) years at the expiration of the current term. 3. Lessee shall have the right to extend the Lease for four (4) additional and successive 5- year terms. 4. This memorandum is not a complete summary of the Lease. It is being executed and recorded solely to give public record notice of the existence of the Lease with respect to the Premises. Provisions in this memorandum shall not be used in interpreting the Lease provisions and in the event of conflict between this memorandum and the said unrecorded Lease, the unrecorded Lease shall control. 5. This memorandum may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto were upon the same instrument. {001711243 2704-05016401 IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. Lessor: City of Tamarac, Florida, a municipal Lessee: T-Mobile South LLC, a Delaware corporation limited liability company By: By: �� C'�, Z Printed Name: i` : ti it 7, Pri ed Na e waltjwr Title: l��� L� �� Director, Engineering Network Operations Title: Date: g- ;LI_ / l Date: i> ( • Printed Name: A e1• Title: ( /t- Date: ' ) - t APPROV AS TO LEGA" FORM,; OF FTH YA, . . PN Y DATED: I 2-2— {00171124.3 2704-05016401 Memorandum of Lease Amendment- Exhibit A Legal Description The Property address is: 7525 NW 88th Avenue, Tamarac, Florida 33321 The Property is legally described as follows: LEGAL DESCRIPTION PARENT TRACT: Parcel "A" TAMARAC MUNICIPAL COMPLEX PLAT, according to the Plat thereof, as reconied in Plat Book 133 at Page 41 of the Public Records of Broward County,Florida. {001711243 2704-0501640) STATE OF �' L j,�'��/ ) n /� /� ) ss. COUNTY OF /.�/\ fin/A✓L-!/ ) This instrument was acknowled befor e on /4/( 'Z/L��Y )✓/7 by �l?�j I"CZ piC>'(;/�J ge leF' L( /',;A of CITY OF TAMARAC, a Florida municipal corporation, on behalf of said CITY OF TAMARAC. Dated: ( 17. ' / :� ✓�J 7 1,,, 7 14/1/p ---:. Notary Public ,' G'V / Print Name //4✓1c /1 e e f fr My commission expires _ ye; ( ;2-J / ,-i � `em • P 1NY PVgti TINA M.WHEATLEY I °, ,`ems Notary Public-State of Florida , •: to :•E My Comm.Expires Aug 6,2018 ` 1 V A:y..4-`ss' Commission # FF 135878 /' ",,, . '•` Bonded Through National Notary Assn. . -..-o- -is,a s-Cr -r e® i (Use this space for notary stamp/seal) {00171124.3 2704-0501640) STATE OF Ss. COUNTY OF , 'ROvt),7234%' ) This instru nt was a nowledg d before m on G�LC7 ,ed� /7 by a/,'/Cei-xieG- c-/j �';before Ty of CITY OF TAMARAC, a Florida municipal corporation, on behalf of id CITY OF TAMARAC. Dated: L .tl 1 Jl'4 ZJ l7 Glr�=�CY� Mei/24 Notary Public Print Name / '/v ea> el My commission expires 2c q e" ,,'„"" TINA M.WHEATLEY NV nF��• .; 0: Notary Public-State of Florida io • . My Comm.Expires Aug 6,2018 6 I •_ a;;` Commission # FF 135878 "• Bonded Through National Notary Assn. (Use this space for notary stamp/seal) {00171124.3 2704-0501640) STATE OF t/A 4(1e1� -- ss. COUNTY OF tt�� ) I certify that I know or have satisfactory evidence that �j-fF �B-t-t-)•CF"E(Q2— 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 -D of T-MOBILE SOUTH LLC, a Delaware limited liability company,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: I d (0C, 'r ,„•-• Tly6, Notar Public Name •ek-wt• l-a4 LC427� ° ., ;; � My commission expires t . I a1 (( q in 7 /le{, c I > (Use this space for notary stamp/seal) {001711243 2704-0501640}