HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-004Temp. Reso # 11537
November 26, 2008
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- car `f
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
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 and 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
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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:
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/ Y day ofGGfI , 2009.
9t
w a,
Beth Flans aum alabisco
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
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS GRADS{�'f
DIST 3: COMM. GLASSER.-
DIST 4: COMM. DRESSLER,,,
at&t
October 7, 2008
Levent Sucuoglu
Director of Information Technology
City of Tamarac
7525 NW 881" Ave
Tamarac, FL 33321
ATO Mobility
6201 Congress Avenue
Boca Raton, FL 33487
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.
AT&T Mobility
5201 Congress Avenue
Boca Raton, FL 33487
October 7, 2008
U.11A DI R ► I I":9 00 /:II I I
Attn: Director of Information Technology
City of Tamarac
7525 NW 88 h 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
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 88"' Ave
Tamarac, FL 33321
Re: AT&T Site FL073 / West Commercial 10070224 located at 7801 NW 615f 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
By:
Print Title:
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 ("Lan lord") and BellSouth
Mobility Inc, is made and entered into this 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 88th 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:
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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.
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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 erect.
REMAINDER OF THE PAGE TO BE LEFT INTENTIONALLY BLANK
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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: t / aLDd
ATTEST:
MARION SWENSON, CITY CLERK
AP;PROD AS TO FORM AND LEGAL SUFFICIENCY:
I
EL `GOREN, 'CITY ATTORNEY
WITNESSES: TENANT:
NEW CINGULAR WIRELESS PCS LLC,
a Delaware Limited Liability Company
I� Per 1
P xnt Name
1
Print Name
By: AT&T Mobility Corporation
Its: Manager
By: ` I ----
Print Name: Carlos Sanchez
Its: Executive Director -,Network
Date: - E
CERTIFICATION
The forg ing instrument was acknowledged before me on this Ajday of
f),� �, 2008 by Carlos Sanchez Executive Director -Network for New Cingular
Wir�PCS LLC, on behalf of the Compan . HeAhe is personally known to me or has
prod as identification.
�lis-Sate-et�leri
Anita F Brommer
�aY My Commission DD501822
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OF 11�° Expires 02/28I2010
Notary Public
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