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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-004Temp. Reso # 11537 November 26, 2008 Page 1 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 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute First Amendment to PCS Site Lease Agreement with New Cingular Wireless PCS, LLC to amend the notices paragraph of the PCS Site Lease Agreement, to move and modify the elevation of existing antennas situated on the cell tower site located at the Water Treatment Plant, from one hundred (100) feet to a height of eighty eight (88) feet, and to add additional antennas and equipment at the same height of 88 feet, attached hereto as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: 1 of 3 Tenant: VIA Certified Mail: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site: DLEE, FA# 10023307 PO BOX 1630 Alpharetta, Georgia 30009 VIA Overnight Mail: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site: DLEE, FA# 10023307' 1255 Cingular Way Alpharetta, Georgia 30009 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site: DLEE, FA# 10023307 5565 Glenridge Connector, #1700 Atlanta, GA 30342 And to: New Cingular Wireless PCS, LLC Real Estate/Lease Administration Attn: John Heggy Re: Cell Site: DLEE, FA# 10023307 5201 Congress Avenue Boca Raton, FL 33487 SECTION 3: Tenant leases from Landlord, Ground Space consisting of approximately 540 square feet whereupon Tenant has located its telecommunications ground equipment and exclusive Tower Space at 100' on the monopole whereupon Tenant has located its three (3) DB858DDH90-SX antennas and twelve (12) 7/8" coaxial cables. SECTION 4: Tenant desires to relinquish its Tower Space and remove its equipment at 100' and relocate its equipment to 88', and Landlord consents to Tenant's relocation on the tower. SECTION 5: Tenant desires to install the following equipment at 88' on the tower: 1) Nine (9) Kathrein 800-10122 antennas at 88' with Eighteen (18) 7/8" coaxial cables 2) Eighteen (18) RFS 860-10025 Remote Control Units 3) Six (6) RFS ATM192012B-0 TMAs 4) Twelve (12) RFS FDGW5504/3C-3 tower -top diplexers 5) Eighteen (18) RFS FDGW5504/3C-3 ground -level diplexers SECTION 6: Tenant's Ground Space and Tower Space have been modified pursuant to Revised Exhibit "B" attached hereto and incorporated herein by reference. 2of3 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 3 of 3 IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute and seal this First Amendment on the dates set forth below. LANDLORD: CITY OF TAMARAC, FLORIDA BY: MAYOR BETH FLANSBAU -TALABISCO DATE: 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 . 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