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Home My WebLink AboutCity of Tamarac Resolution R-2007-036Temp. Reso #11156 March 14, 2007 First Revision: March 20, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-3�Q_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SECOND AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH NEXTEL COMMUNICATIONS TO CHANGE THE LOCATION AND THE DIMENSIONS OF THE ADDITIONAL SPACE TO TWELVE FOOT (12') BY TWENTY-ONE FOOT (21') THAT WAS ALLOCATED IN THE FIRST AMENDMENT FOR THE 60KW PROPANE GENERATOR INSTALLATION AT THE CELL TOWER SITE LOCATED AT THE SPORTS COMPLEX, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission passed resolution R00-276 approving Site Lease Agreement with Nextel Communications on October 25, 2000 providing for ground and tower space for cellular services at the Sports Complex; on file with the City Clerk; and WHEREAS, the City Commission passed resolution R06-188 approving First Amendment to Site Lease Agreement with Nextel Communications on October 11, 2006 providing for additional nine (9) foot by sixteen (16) foot of ground space to install a 60 KW propane generator at the Sports Complex, increasing the total annual lease payment for this site to $39,578; on file with the City Clerk; and WHEREAS, a change of the location and dimensions of the additional space that was allocated in the First Amendment for the 60KW propane generator installation at the cell tower site located at the Sports Complex is needed; and WHEREAS; the new dimension of the ground space allocated for generator installation shall be twelve (12) foot by twenty-one (21) foot; and WHEREAS, the total annual lease of $39,578 will not increase with this required additional ground space; and Temp. Reso #11156 March 14, 2007 First Revision: March 20, 2007 Page 2 WHEREAS, the Director of IT recommends approval of the amendment; 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 Second Amendment to the Communications Site Lease Agreement with Nextel Communications to change the location and dimensions of the additional space to twelve (12) by twenty-one (21) that was allocated in the First Amendment for the 60KW propane generator installation at the cell tower site located at the Sports Complex, 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 Second Amendment to the Communications Site Lease Agreement with Nextel Communications to change the location and dimensions of the additional space to twelve (12) by twenty-one (21) that was allocated in the First Amendment for the 60KW propane generator installation at the cell tower site located at the Sports Complex, said site is more fully described in Exhibit A of Exhibit 1. SECTION 3: 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 annual lease payment of $39,578 will not change underthe terms and conditions of the Second Amendment to Site Lease Agreement with Nextel Communications at this site. Temp. Reso #11156 March 14, 2007 First Revision: March 20, 2007 Page 3 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this L 1 t1ay of Apr11 2007. 1 ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. AVATTORNEY EN CI 1 Beth lansbaum Talabisco Mayor RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER SECOND AMENDMENT TOTHE COMMUNICATIONS SITE LEASE AGREEMENT BE'.1'WEEN NEXTEL SOUTH CORP. AND THE CITY OF 1'AIMARAC lV hN1ij vILli 1 to 111( l.,()l711T11l1111;at:lons ;yll.i; 1,c%ISC' /1grL:elAel7.t: :$ ri. �;i F Z•,.5.•.Iti.•,. '!w. )FlWi ! 1 pr.'„n.n S•"'I""; t ,r �•.r ., nirr, ri r � ��,� r s�1AAAC' f% •_1t2r� r*o.yl/if.(� t11f ) f�:Fc� l�fh lift �J if?R~ fl r11I1 � r 1��1�� T T `11�f1 °lf �,1FT �1: 1{L01-aDA (Ll ;�;<?1�' ), a .1lun'eipll corporation organized and operating pursuant to the laws, of the State of Florida, with a business address of 7525 NW 88`h Avenue, Tamarac, 1, lorida, and. NFXJ`FF,,> 't.OIT'ry-1 (C4TrT-,QQT 11 ", ^ tJe rr' e °- U1.11Le iU( GtLell it a-)l IUJAlgad. �,UurL, 3Uite 3V11E, 1`viaid—Und, IF1Oriila :3275 1. t 1 1 44w�� and LESSEE hereafter Collectl` c]v referred tip as fl J "Parties" WITNESSEr[ H WHEREAS, on October 25, 2000, the Parties entered into a five (5) year Site Lease Agreement ("Original Agreement") whereby the LESSEE agreed to rent frorn the L SSOR a twenty two (22) foot by forty (40) foot section of certain ground space real property generally located at 9901 NW 77"' Street, Tamarac, Florida 33321 (the "Property"); and vVl it j�h aS, the Original Agreement provides LESSEE with the right to extend the Term for four (4) successive lave (5) year periods and is currently in its initial first Renewal Teri which commenced on October 25, 2005; and WHEREAS, pursuant to the Original Agreement, the LESSEE ocetipied. exclusive tower and ground space, 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 wid. vehicular ingress and egress to and :from in open aa:1.d improved public road and for the installation and operation Of utilities servicing the Property and for the construction, Operation and maintenance Of all in-iprovcri].ents 1.1-.wreon; and FY�L�L \LL'L 0, L121'J Vllglllal t1g1 CN1d1Lllt provift tll at -hc -, c EE shall pay the LESSOR the Simi of twenty six thousand. four hundred dollars ($26,400) a„ nually as WHEREAS, on October 11, 2006, the parties executed the first Amendment to the lease agreement ("Original Agreement") whereby LESSEE agreed to an additional three hundred and fifty dollar (`f;350) per month rent increase for an additional nine (9) foot by sixteen (16) foot space to be located. at the Property; and WHEREAS, this Second Amendment to the Original Agreemcnt is to change the location }11 L! tlll. I._I1!11Vijs11_Ilis t.,!!, l.!!e additional space, to, towC`.1 JIB, foot ylL. !!y t.. e_iiyi-[iil Act (21) that was allocated. in the First Amendment for the oneramr ins,!t.ill.at oll r- <:e 11m ,. nr. c>a wR E in �� i1----`: .. -- e-e�i,"-y-- ---- ---� --- - - --t .t. .. i irrw�a ar?,1 in Fates !zr!..vD r gme as Kj ows: I _.- f CO 1.. -. its :ri?LU:i?!el? and correct and incorporatedlicreiri. S,L,._. a1. gile 2. ,. Ic l.,!:SrwR a,iiix lllu .I_,laSSEE x.ul.!:• y cigrtw to C1IitilgC tliC location of the additional space as dcscANd in �Exhibiyl! "A" attached her-efo and. incorporated herein. SECTION 3. Unless otherwise defined herein, capitali7ccl terms liscd in this A•i-e--Cei'_ieiit have the Same m._m ngs such tr nis twogiven in the Original Agreement 4. The Paiiies agree that in all other respects the Ch iginal Agreeiiieiit slit!!l i"cia:laill in,irll force and eil %t, except its specifically rooClil].ed ill:lehi. Page 2 of 4 V w IN WITNESS OF THE FOREGOING, the 11'artics havc set their hands and seals the day and year first written above. d; n TK)_ `: QIVT %_ 4 r'I I Y r !I 1_ tP Al'P C VE, AS TO FORM: p E.ap HItiR�41E�.v '-.ITY 01 TAKIAIZAC, Ft.,OV ID A r i"L13.1`d�'�E]1'.U1`J:_-! LL.i'317EE AJ�1\ i EL 7 TTi i RP. BY: PRINT NAME: David Wong TITLE: Vea Manager Site Developnient CERTIFICATION The foregoing instrument was acicnowledged before me on this clay of �ri L > 200,61 b}' . � 1 1ND rs 42/ ot` NEX PE.1, so1.)"1'1I C 01:P_, a Georgia Corporation, o nJ behaIf-of the Corpor2. on. He/she is personally known to me or has produced `�' as I ication. Notary�'ub ►eo or ?�iotur3 I aaE�l.c Kristen Merin Beyer My commission DD600446 0/22/2010 Page 3 of 4 EX111M.'r "A" TO THE SFICOND AN4ENl)MLNT'r0THE COMMUNICATIONS SITE LEASE AGREEMENT BETWERN NEXTEL SoUT11 CORP. AND TILE CITY OF 17AM,:AC A25 �`U-9N Ftpe-eASP (ArSF.1 TNK viIjUAL klllILR W1 "NUF- SFEC� :;I;LE-M `O�;LUIA 5tjIRl3!i Off, JI- "..I Al AFTER ROU 0 GrN, mEA. MUIP pRw.oE PLACARD ON ORZSn, TANK PFR NFRA 704 PLOITFD PULL BAN 3' MULCH (- 1, Fl,.AWI,!.� --- 2 INSTAER-Ily-0)• FROM lP.uWK OF RANT. HFALTH ,-7;rT W/ -.4,UUs 8'-0' "- CIVJN LINK I-LINUL -RL AT TOP To MATCH or METAL ENCLOSURE wl FQ rI.m IRE PER NFPA 1111 8 A-2 tiki R DETAILS S AS DOORS --umlw� O.-G, LNI: NEW -0' X N\ U-1 _GATE Io BE RIMOVED .SPRINT/IJEXTEL 12,' CATION OF EXISTING NEW LO RmnON! OF RELOCATED— . ... ...... . nLZLI. A IjLW_ _ i4ki COG UIj SKEWS CHAIN ujJX C, To 'TE ---CRASS GRASS. . ... ..... ..... 1 I. I i k I 1 7; LUA A ZYrxi7ipqG GATC—,�� t�A c ; BE RELOCiTED RAIN LINK (.-TE--- FEXE W/EARBED WIRE TO BE REMOVED . ... . . ....... FISTING CHAIR LINK FENCFI•, . . I i WITH PvC: NdVACY SLA%ls EXISTING SPHINTINIXIElL VEFER EXISTING DISC, 3- EXISTING XTEL = ,IiNG 100 KVA 0UIPMENT SFORMFR SHELTER EY151 F-Rt)f,F.Tf LINE ir J, .-EXISTINQ ArS LO- nQll A L-I NIUCENCY I sv, I ISEE / -Wrli nNNFCFOR ETION To PpoPERTI` UNE EMISANG 4-0" GATE f I�XI:IING FLAG POLE — A/C FXIS r iA .11PIN VUrFLR EXISTING SPRINT/NEXTEL MIS j C.ST 11.1M LINE TRkIF NOR;. ,�t,"-V-0""(SA570 ON 2204 PAPER SIZIT). fCALL v qCALL: 1 1 -0 (BAsw ON 11-17 PAPER Sm") Page 4 of 4