The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2006-155i P Temp. Reso #11034 August 17, 2006 Revised: August 25, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-- 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 THE WATER TREATMENT PLANT PROPERTY, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission passed resolution R02-173 approving a Site Lease Agreement with Omnipoint Holdings, Inc. on June 26, 2002 providing for ground and tower space for cellular services at the Water Treatment Plant Property; 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, fourteen (14) ft. by twenty three (23) ft. of additional ground space is needed at the cell tower site located in at the Water Treatment Plant to install a 20 KW propane generator; and WHEREAS, this standby generator will allow T-Mobile South, LLC to continue to operate the cell site during unexpected power outages; and WHEREAS, T-Mobile South LLC will pay $350 per month for the additional ground Temp. Reso #11034 August 17, 2006 Revised: August 25, 2006 Page 2 space, increasing the total annual lease payment for this site to $37,894; and vi 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 the First Amendment to 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 the Water Treatment Plant property, attached hereto as Exhibit 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 41 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 the Water Treatment Plant property, 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 property owner so this amendment can be processed. 41 Temp. Reso #11034 August 17, 2006 Revised: August 25, 2006 Page 3 SECTION 4: The payment for the additional space will be three hundred and fifty ($350) Dollars per month for a total of $37,894 in annual lease payments for T-Mobile South LLC at this site, with 5% annual increases. 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. 10 PASSED, ADOPTED AND APPROVED thislAday of &�pi'cmb�� , 2006. ATTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 40 '4WO AV q ,Z or SAMUEL S. G6Ff N CITY ATTOR Y Beth Flansbaum Talabisco D Mayor RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER AV DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER EXHIBIT 1 Temp. Reso #9818 June 7, 2002 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-173 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH OMNIPOINT HOLDINGS, INC. D/B/A VOICESTREAM WIRELESS FOR THE INSTALLATION OF A TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT ON THE EXISTING TOWER AT THE CITY'S WATER TREATMENT PLANT PROPERTY; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ANY PERMIT APPLICATIONS AS MAY BE REQUIRED ON BEHALF OF THE CITY AS OWNER OF THE PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE_ WHEREAS, Omnipoint Holdings, Inc. has requested a lease agreement for the installation of an antenna and associated equipment on the existing tower at the City's Water Treatment Plant Property; and WHEREAS, the proposed agreement is for five (5) years with three (3) automatic five (5) year extensions thereafter; and WHEREAS, additional telecommunications antennas in the City will enhance the quality of wireless telephone reception; and WHEREAS, the Director of IT recommends 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 interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute an agreement with Omnipoint Holdings, Inc. for the installation of a telecommunications antenna on the existing 140 foot tower and associated equipment at the City's Water Treatment Plant Property. Temp. Reso #9818 June 7, 2002 Page 2 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 authorized to execute an agreement with Omnipoint Holdings, Inc. (attached hereto as "Exhibit 1 ") for the installation of a telecommunications antenna and associated equipment. SECTION 3: The appropriate City Officials are authorized to execute all permit applications as may be required, on behalf of the City as Owner of the property. SECTION 4: All resolutions. or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 1 1 Temp. Reso #9818 June 7, 2002 Page 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 26t' day of June, 2002. ATTEST: A-4 MARION SWENSON, CMC City Clerk I HE EBY CERTIFY that I have ,-appr ve this RESOLUTI as to form. r MITCHELL S RA City-Attamey OE SCHREIBER Mayor RECORD OF COMMISSION VOTE MAYOR SCHRIEBER AYE DIST 1: VIM PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOF AYE DIST 4: COMM. ROBERTS AYE Exhibit I Cell Site:. FB1206F Market: Miami/Fort Lauderdale State: Florida Site NamcAamarac Water Treatment Plant County: Bmward Site Number. FB 12061.1 SITE LEASE ACKEENtENT 1 THIS Lease is dated and entered into on 2002 ("Execution Date") between The City of Tamarac, a Florida municipal corporation with principkl offices located at 7525 NW 88"' Avenue, Tamarac, FL 33321 ("Landlord"), and Omnipoint Holdings, Inc., a Delaware Corporation, d/b/a Voicestream Wireless 8100 SW loth Street Building 3, Suite 1000 Plantation, FL 33324 ("Tenant"). l UOW Erolmirly mind PerEn11104 Ulies-l-Ondlord hereby leases to Tenant a 15 x 20 (300 sq. ft.) section (the "Ground space") of certain real property (the "Property") shown by sketch and legal description on Exhibit "A" attached hereto. having a street address of 7801 N.W. 61st Street, 'Tamarac, Florida 33321- It is understood that Tenant intends to occupy exclusive space at the 112 foot level (the "Tower Space") on the Tower, Landlord further grants to Tenant for the term of the Lease, a non-exclusive easement (the "Easement") upon adjoining property owned by Landlord for the purposes of pedestrian and vehicular ingress and egress to and from an open and improved public road and for the installation and operation of utilities servicing the Property and for the construction, operation, and maintenance of all improvements thereon (the location of the Easement is also shown on Exhibit "A"). The Ground Space, the Tower Space and the Easement arc collectively referred to as the "Leased Property." The Leased Property may be used for (i) the transmission and re mption of communication signals, (ii) the construction. operation, alteration, maintenance, repair, replacement and relocation of related facilities, towers, antennas, equipment and buildings to provide Omnipoint Holdings, Inc. wireless telecommunication services, and (iii) activities related to any of the fhrcgoing (collectively, the "Tenant's Permitted Use'). Tenant acknowledges it is leasing ground space and tower space on a monopole, on city property, within a. city owned compound. Z, jpjt(gt Term,The initial term of this Lease shall be 5 years, commencing 30 days after the execution date. The initial term of this Lease shall expire at Midnight on the day before the 5th anniversary of the Execution Date. 3. $gnewal Terms. This Lease shall automatically renew for 3 additional five-year terms (each being a "Renewal Term"), unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Lease at least 60 days prior to the expiration of the initial term or any Renewal Term. 4. Rent. Within thirty (30) days of the date on which Tenant obtains its building permit for the commencement of construction of Tenant's Antenna Facilities, as hereinafter -defined (the "Rent Commencement Date"), Tenant shall pay to Landlord the sum of Twenty-seven Thousand seven Hundred twenty Dollars per year ($27.720) ("Rent"). Rent shall be payable within 30 days following each annivcrsary of the Rent Commencement Date (each such anniversary being rcfctred to as an "Anniversary Date") to Landlord at City of Tamarac, 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401. Attention: Finance Department. Landlord will provide the requisite information for Tenant to pay Rent by direct deposit to Landlord's bank, but the implementation of the direr t_&epnkit cyst dill be atTenarrt'ti so c cxpenSC: On each Anniversary Date, Rent shall be increased to an amount equal to one hundred five percent (105%) of the annual Rent for the last twelve-month period immediately prior to the adjustment (exclusive of sales tar). if this Lase is terminated on a day other than the Anniversary Date, then Rent shall be prorated as of the date oftermination, and in the event of termination for any reason other than nonpayment of Rent, all prepaid Rent shall be promptly refunded to Tenant. 5 pUe pilliMce pfflQdJor 90 days trnm the Execution Date, Tenant and its agents, engineers, surveyors and other representatives shall have the tight to enter upon the Property to conduct geological or engineering test~, apply for and obtain applicable governmental permits and approvals, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary to determine the feasibility or suitability of the Property for Tenant's Permitted I.ise, all at 'tenant's expense ("Due Diligence Period"). Tenant shall not he liable to Landlord or any third party on account of any pre- existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. If, in the sole and absolute opinion of Tenant, the Property is not suitable for Tenant's intended use, or Tenant determines that the operation of a communications facility on or within the Property would not be in Tenant's hest interest, Tenant shall have the right at any time prior to the expiration of the Due Diligencc Period to terminate this Lease by sending Pagel of 7 Exhibit 1 written notice of termination to Landlord. Thereafter. neither Landlord nor Tcnant shall have any further obligation or liability under this Lease except as otherwise provided herein. 30009 . c1 A. Tenant shall not use the Property in any way that interferes with the use of the Property by Landlord, or by tenants or tenants of Landlord holding rights to the Property on the Execution Date of this Leas(-- provided, however, that Landlord hereby acknowledges that Tenant's use of the Property for Tenant's Permitted Ilse shall not constitute an impermissible interference by Tenant. Furthermore, Tenant shall operate the Antenna Facilities in a manner that will not cause interference to Landlord and other tenants or licensees of the property. Landlord shall be able to terminate this Lease if Tenant's Antenna Facilities interferes with Landlord's equipment or interferes with any other third -party tenant tyr their equipment, provided that such third-party's equipment is installed ay of the Execution Date, and provided that Tenant has been unable to eliminate such interference within thirty (30) days after receipt of notice of such interference from Landlord. if Landlord terminates this Lease pursuant to this Section, Tenant shall remove immediately its equipment from the Property. All operations by?enant shall be in compliance with all Federal Communications Commission requirements. B. Subsequent to the Execution Data Landlord shall not, and shall not permit its tenant~ or licensees c to, install new equipment on the Property or property contiguous thereto owned or controlled by landlord, if such or is likely to cause interference with Tenant's operations, Such interference shall be deemed a material breach by Landlord. In the event interference occurs. Landlord shall, upon being advised of such interference by the Tenant, notify the third party of such interference. In the event Landlord fails to comply with this paragniph, within 00 days, Tenant may terminate this Lease and/or pursue any tither remedies available under this Lease, at law, and/or at equity. Im r v U A. Tenant shall have the right, at its expense, to install, construct, maintain, modify, supplement. replace and upgrade a communications facility on the Property, which may includc radio transmitting and receiving antennas, equipment shelters and other improvements relating thereto (collectively the "Antenna Facilities") provided that the space of the equipment and the space occupied remains the same or less. All work by Tenant shall be performed in compliance with applicable laws and ordinances. Tenant is not authorized to contract for or on behalf of Landlord for work on, or the furnishing of materials to, the Property or any tither part of the Property, and Tenant shall discharge of record by payment, bond or otherwise, within I0 days subsequent to the date of its receipt of notice thereof from Landlord, any mechanic's or construction liens filed against the Property for work or materials claimed to have been furnished at the instance of Tenant. B. Tenant shall, at Tenant's expense, keep and maintain the Leased Property in commercially reasonable condition and repair during the tern of this Lease. The Antenna Facilities shall remain the exclusive property of "Tenant, and Tenant shall have the right to remove all or any portion of the Antenna facilities at any time during the term of this Lease. Within a reasonable period following the cxpirdtion of the term of this Lease (as such term may be renewed from time to time in accordance with Section 3 above), Tenant shall (i) remove the Antenna Facilities and return the Leased Property to Landlord in visibly the condition existing as of the Execution Date, reasonable wear and tear excepted. C. 'tenant shall, at Tenant's expense, cause the utilities servicing the Antenna Facilities to be separately metered. Further, Tenant shall have the right, at Tenant's expense, to install or improve utilities serving the Property (including, but not limited to, the installation of emergency power generators). D. Landlord shall provide Tenant with 24 hour, 7-day per week access to the Property for the installation, maintenance and operation of the Antenna Facilities and any utilities serving the Property_ 8. Igrmi A o,_ This lease may be terminated, without any penalty or further liability, as follows: A. by Landlord if Tenant fails to cure a default for payment of amounts duc under.this Lease within 15 days after Tenant's receipt of written notice of default from Landlord; B. by either party if the other party defaults (other than a default described in Section 8.A above) and fails to cure such default within 30 days after written notice of such default is received by the defaulting party from the non - defaulting party; provided, however, that if such default is capable of being cured, but not within such 30-day period, this Lease may not he terminated so long as the defaulting party commences appropriate curative action within such 30-day period and thereafter diligently prosecutes such cure to completion as promptly as possible; Page 2 of 7 Exhibit 1 C. by Tenant on 30 days prior written notice if it is unable to obtain, maintain or otherwise fortcitc or cancels any license, permit or governmental approval necessary for the construction or operation of the Antenna Facilities or Tenant's actual or intended use of the Property, or Tenant determines that it would be commercially unreasonable to obtain or maintain the same; and D. by Tenant on 30 days prior written notice if Tenant determines, in its reasonable discretion exercised in flood faith, that based on (i) technology, (ii) interference with use of the Property resulting from the acts of any third party, an act of God or from other natural forces or (iii) changes in system design or system usage patterns, 'renanes use of the Antenna Facilities (as the some may have been modified from time to time) is no longer consistent with the optimal operation of T'ematifs communication system or such continued use would be commercially unreasonable. A. If any part of the Antenna Facilities is damaged by fire or other casualty so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable manner, then Tenant may terminate this l..ease by providing written notice to Landlord, which termination shall be effective as of the date of such damage and/or destruction. Upon such termination, Tenant shall be entitled to collect all insurance proceeds payable on account thereof and to he reimbursed for any prepaid Bent. �. If any part of the Property or the Antenna Facilities is taken by eminent domain, or by a deed in lieu of condemnation, so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable manner, then "tenant may terminate this Lease by providing written notice to Landlord, which termination shall be effective as of the date of the vc.%ting of title in such taking. Upon such termination. Tenant shall be entitled to be reimbursed for any prepaid rent. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to any taking by eminent domain. 10. TYXC9. Tenant shall pay to Landlord any applicable sales tax on the Rent, and Landlord shall be responsible for remitting such tax to the appropriate government entities. Tenant shall pay any personal and real property taxes assessed on, special assessments or any portion of such taxes attributable to, the Antenna Facilities. Landlord's Federal Tax Ib # is 59-1039552 11. Insarsagg and SOEMtfoa. Tenant will provide Commercial General Liability Insurance in an aggregate amount of $1,000,000 and name Landlord as an additional insured. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. Each party shall obtain From its insurers under all policies of fire, theft and other casualty insurance covering the Property or any portion thereof, improvements thereon or operations therein, a waiver of all rights of subrogation which the insurer might have against the other party, and each party shall indemnify the other party against any loss or expense, including reasonable attomey's fees, resulting from the failure to obtain such waiver. 12. Hold'daytrrnlms-7enant shall-indcninifyand hold Landlordltatmltss-from.and.again. -injury. lass_, damaw fir__... ..._. ..... . liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from the installation, use, maintenance, repair or removal of the Antenna Facilities or the breach of this tease, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. Page 3 of 7 Exhibit i 13. ,Nafia&AII notices, requests, demands and other communications hereunder writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: To Landlord, City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 ATTN: City Manager With a Copy To: City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 ATTN: City Attorney 'lo'retant: Otnnipoint Holdings, Inc. 12920 SE 38" Street Bellevue, WE 98006 Attn: PCS Leasing Administrator Legal notices only copy to: Ornnipoint Holdings, Inc. Attn: Lease Administrator 8100 SW 10`h Street Building 3, Suite 1000 Plantation, FL 33324 14, Quiet EnjoyMjnt�'Utleuth Landlord covenants and warrants that (i) it has full right, power and authority to execute this Lease and has the power to grant all rights hereunder; (ii) it has good, marketable and unencumbered title to the Property free and clear of any liens, mortgages, restrictions or other encumbrancuw- that will interfere with Tenant's Permitted Use; (iii) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, Lease or other agreement binding on Landlord; (iv) Tenant shall have the quiet enjoyment of the Property, and Tenant shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period; and (v) if the Property is encumbered by a deed to secure debt, mortgage or other security interest, Landlord will use its best efforts to provide promptly to Tenant a fully signed Subordination, Non -Disturbance and Attomment Agreement in a form acceptable to 15. E 3jEg 1111SH1 la LLMZ As used herein, the term "Environmental laws" shall mean any and all local, state or federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used herein, the term "Hazardous Substance- shall mean any toxic or hazardous waste or substance (including, without limitation, asbestos and petroleum products) that is regulated by Environmental Laws. Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws. Landlord represents, warrants and agrees that it has in the past and will in the future conduct its activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of any Hazardous Substance as of the date of this Lease, Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law of, all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Property or surrounding property owned by Landlord. Tenant agrees that it will not use, generate, store, or dispose of any Hazardous Material on, under, about, or within the Land in violation of any law or regulation. Landlord represents, warrants, and agrees (1) that neither Landlord nor, to Landlord's knowledge any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or Page 4 of 7 Exhibit 1 disposal of, any tfamrdous Material on, under, about, or within the Land in violation of any violation of any law or regulation, and (2) that Landlord will not, and will not permit any third parry to use, generate, store or dispose of any Ha7ardous Material on. under, about or within the Land in violation of any law or regulation. This paragraph shall survive the termination of this agreement. 16, Aslignment and aMbleasing. Tenant may assign this Lease and its rights hereunder to any person or business entity which is a parent, subsidiary or affiliate Of Tenant; controls or is controlled by or under common cmtnol with 'Tenant; is merged or consolidated with Tenant; or purchases a majority or controlling interest in the ownership or assets of Tenant. Tenant may not otherwise assign this Leasc without Landlord's written consent, which consent shall not he unreasonably withheld or delayed. Tenant may not sublease: the Lease Property. Upon notification to Landlord by Tenant of a permitted assignment of this I rase, Tenant shall be relieved of all future performance, liabilities and obligations under this tease. 17. aaUecessors and Ass gMt This lease shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 18. Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof. The Antenna Facilities shall be deemed personal property for purposes of this Lease, rcgardicss of whether any portion thereof is deemed real or personal property under applicable law_ 19. MlIcellaneouE A. Each parry agrees to furnish to the other, within 45 days after request (subject to City Commission scheduling), such truthful estoppel information as the other may reasonably request. Furthermore, each party shall cooperate in executing any other documents (including a Memorandum of Lease, easement agreement, or both) necessary to protect a partys Tights hereunder. Neither party shall record this Lease, but may record the aforementioned Memorandum of Lease. B. Each party represented in this transaction by a broker, agent or commission salesperson shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such person, and shall indemnify and hold the other party harmless from and against any claims arising in connection therewith. C. Without limiting the terms of Section 8, if either party fails to perform a material obligation "under this Lease within 30 days after receiving written notice from the other party, the party that delivers such notice may perform such obligation or take other appropriate curative action on behalf and at the expense of the nonperforming parry. If the curative action is taken by 'Tenant, the expenses may be offset against the next payment(s) of [tent. if the curative action is taken by Landlord, the expenses shall be paid by Tenant together with the next payment of item. D. The parties acknowledge that a substantial portion of negotiations and anticipated performance and execution of this Lease occurred or shall occur in the State of Florida. Any civil action or legal proceeding arising out of or _ ._._.._..._. _�elating�ois-t case.shall be.brnttght..an.the Circuit�9uM.s>f thg State of Florida in Broward_Couny..._Euch party consents to the jurisdiction of such court in any civil action or legal proceeding, and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be effected on such parry by mail, as provided in this Lease, or in such other manner as may be provided under applicable laws, rules of procedure or local rules. E. This Lease constitutes the entire.agrexmcat and understanding of the parties with respect to the Property and subject matter hereof, and supersedes all offers, negotiations and other agreements- There are no representations or understandings of any kind not set forth herein. Any amendment to this Lease must be in writing and executed by both parties. F. Landlord acknowledges that a Memorandum of Agrtcment in the form annexed hereto as Exhibit B will be recorded by Tenant in the official records of the County where the property is located. In the event the Property is encumbered by mortgage or deed of trust, Landlord agrees to obtain and furnish to Tenant a non -disturbance and artornmenL instrument for each such mortgage or deed of trust. G. Tenant may obtain title insurance on its interest in the Premises. Landlord shall cooperate by executing documentation required by the title insurance company. H. In accordance with Florida law, the following notice is hereby given to Tenant: "QZL RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITY, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED Page 5 of 7 Exhibit 1 TO iT OVER TiME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS iN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNiT". The undersigned Tenant acknowledges having read the foregoing notification, and has executed this I.eace fully aware of the aforementioned conditions. 20. ow RSguirementL Landlord acknowledges that it, and not Tenant, shall be rcwponsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited by either the FCC or FAA because the Tower is not in compliance and should Landlord fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Tcnant,may terminate this Agreement immediately on notice to Landlord or proceed to cure the conditions of noncompliance at Landlord's expense, which amounts may be deducted from the Rent. 21. G4vtrusitittal ApRmy-111,it is understood that it shall he the Tenant's sole responsibility to obtain, at Tenant's sole cost and expense, any and all permits, consents and approvals from local, state or federal government authorities as required by Tenant to construct and operatc Tenant Facilities (collectively, the "Governmental Approvals"). Landlord agrees to cooperate with the Tenant at no cost to the Landlord and to exocute such documents reasonably required to obtain the Government Approvals, with the exception of the approvals required from the City of Tamarac. The making of this Agreement does not txmstitutc an abrogation of the Landlord's governmental land development regulatory power, and the Tenant's performance is contingent upon all such development approvals being obtained. Should the City of Tamarac or another governmental authority agency with jurisdiction not approve any required application for development approval, prerequisite to the installation or operation of the Tcnant Facilities, this Agreement shall automatically become null and void as if the come never existed and so as to not to be the basis in any respect for a damage claim as a result of such denied development order. 22. Comt►Ilance with Laws. Landlord represents that Landlord's property (including the Site), and all improvements located thereon, are in compliance with building, life/safety, disability, and other laws, wdes and regulations of applicable government authorities. Tenant will comply with all applicable laws relating to its possession and use of the Site. 23. Venue, This agreement shall be governed by the: laws of the state of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. Remainder of the page intentionally left blank Page 6 of 7 Exhibit l Whercfore, the parties hereby enter into this !..ease as of the date brat set forth above: ATTEST: — Marion Swenson, CMC, City Clerk Date l s� ATTES'r: Type/Print Name of Corporate Secretary (COItPA%TE SEAL.) !A Lazato R. Davolos MY COMMIS"* CC962149 EXPIRES `s August 2Q 2004 �,•i BONDED THRUTRaYFAIN WSURANCEjNC LANDLORD: � � /�'`f4/41- Schreiber, Mayor Date:- / /0 2— Jeffrey L. Milter, City Manager Date: TENANT: Omnipoint Holdings, Inc. ter^ VP/General _._... _-RatrL�Oe .:.. piaac nc of Eraineemaand Type/Print Name Date: � - ;�7_- C -z-- Page 7 of 7 Cell Site: F01206F State: Florida County: Bmward Market: Miami/Foil Lauderdale SiteName:Tamarac WaterT=tment Plant Site Number. F81206F EX111B.IT "A" To the Site Lease Agreement dated�p 2002 between THE CITY OF TAMARAC, as Landlord, and Omr ipoint Holdings, Inc. a Dclaw Corporation, d/h/a Voicestre am Wireless, as Tenant. The Ground Space is a 2i_2 area. together with a non-exclusive casement for the purpose of vehicular ingress and cgrcss and installation and operation of urilitics, identified by the cross hatched area on the sketch below and which is located within the real property described below: Parcel A. TAMARAC UTILITIES PLAT NO. ONE, according to the map or plat thereof as recorded in Plat Book 101, Page 47 of the Public Records of Broward County, Florida, SITE FLAN Page 1 FUJILIBIT ""$". MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this _day of IYAL 2002 by and between CITY OF TAMARAC, a Florida municipal corporation, with an address at 7525 NW 88 h Avenue, Tamarac, FL 33321-2401 (hereinafter referred to as "Lessor") and Omnipoint Holdings, Inc., a Delaware Corporation, d/b/a Voicestream Wireless 8100 SW 1 Oth Street Building 3, Suite 1000 Plantation, FL 33324 (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, -A- day of 2002 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 "A", 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 :fie -- , 2002, and ending on ._F'_i;_., 2007 with throe (3) successive (5) year options to rcncw. 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. rN WITNESS WHEREOF, the parties have made and executed this Memorandum of Agreement on the respective dates under e4ch signatum CITY OFTAMARAC, through its Mayor and City Manager, signing by and throughIi- Schyvx Z6KTq-V (.• P7 t (ter both duly authorized to execute same. WITNESSES: LANDLORD: CITY OF TAMARAC, _.. _.__... ... - __..__ ._ .... _.. - - __.._...a�-lorrdamumctpalcorparatirnr _....._......_... - to Page 1 of 2 By: -.4 Name Joe Schreiber Tit . Mayor Date: 7 JO O y: Name: Je L. giller Title: CityMan er Date: PFAil i ATTEST: By, i. Y_ Name: Marion Swenson Title: Gity Clerk Date: WITNESSES: STATE OF FLORIDA COUNTY OF BROWARD LESSEE: 0nwIpo!pCqd1ngs, Inc. By: �/ Name: _ �-- Tide: ine1� �0 The foregoing instrument was acknowledged before me this _ day of �c Vic• , 2002, by Joe Schreiber, the Mayor of the City of Tamarac, a Florida municipal corporation', on tehalf of the City of Tamarac, who is personally known to me or�sprodttced-a — — ._..._. __)�, B --as identification ,J� A WHr E Notary public [NOTARYPUBIKSTATEOFFLARmA Mycommissionexpires_ 00MMMION NO. CC775T20 M at7MMWON EXp. SEFT ] S STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this ' �� day of zL� �" , 2002, by Jeffrey L. Miller, the City Manager, of the City of Tamarac, a Florida municipal Lorporadon, on behalf of the City of Tamarac, who is personally known to me or-who-hes-prvdaced� -- as rN0TtR:0yMPM1jjPjvON 0FffCrA LN UNF .a 1,yrirrFn.tc. _1;^!hA Notary PublicISSIOty NCr.,: ,;,, My commission expires: ptP SEYr'!5 t}32 STATE OF COUNTY OF _• r-► % : t :'' � 1� The foregoing instrument was acknowledged before me this -� ` day of � __2002, byj� •..h �+;;, !) f A < . f C, ; (TITLE) of v. on behalf of the corporation, who is personally known to me or' has produced a as identification. Notary Public My commission expires- " MYCOMMMM# CL762149 EXPIRES August 24 2004 Page 2 of 2 4t, X,4or0n+RU79MF#ffi*6UNaN *1C' EXHIBIT 2 Her 21 2006 3:33PM HP LR5ERJET 3330 TT e yirst FAGS 2 I, MMXRT SIATTV NIArDSOR, S"ARY OF STATS OP TER STAM OF MANUS, DO WME r CSATIFr 2958 AT+OM IS A rJWZ AND COJMCT COB'Y OF THS CBATZFI CATS OF 14ERGSR, area S : "W.rC=TAWW TAWA/ORLANDO, Ii C ", A D=A=aZ CO WCMTTON, WZ29 AM XWO "T MDBZZS SOUTg " Umm Tim Inn= OF "T-MMLS SCOTE LLC", A LIXITBD L zTY cowj /Y ORaNIABD An SSSSTIM UA11DSR TM Z.AMS OF TM STA Or DiILAWAAS, AS ItBCSZVSD AMAFZLSB rF TH1S DFFICS T1m T'Y BIRST DAY OF Dom, A.D. 2005, AT 11:33 O • CLOCK Ajl. AND I DO mmor 14 rmw CSRTIFY l TMT T8S BPFSCTM DATE OF TSE AFOAwAID CERTIFICATZ OF Mmom IS T8S FIRST DAr OF imma RY, A.D. 2006, AT 1: 30 O'+CLOCA A.M. A FZZJD COPY OF Tmzs CoRTSFICAT rf m Br" FOMA ROZD ro 3'jm >IiXW CASTER COUNTY Affma n OF DEEM. 4059049 0100if 051046146 �y,4� f,�c,.ti.at.,a,.a,� Windsor, 5etrwwy of so= WTICAr.rOW: 4394932 DATE: 12-21-05 P. Rpr 21 2006 3%33PM HP LASERJET 3330 STATE OF OR CERTIFICATE OF DONIXMC C WC DOMES"C IJMIT$DLIj pummat to Title i, SWtiart 264(c) Otto Delaware Section I11-209 of the i,hnilvd Liability Comperty cmwy ueewad the following wiAeaft erm" FIFW: The mane of the summ"s eorporrtiofr btbq a OMW into this SgCtyW. Tht Agmvrnm of matgar hu bon al and aduwwlodpd by the muMving Hwited aorpordioo. THIRD:. 7ht ttaataafthe surviving limited liabi T. MCbik $&A td C FOURTH: IU tt tw is to batons offeceit an l IM; The Agmmau of Mergrr is an flb at _ p.2 te JUVI Ica of Card ,Slakiar�er O&Uvas�d 11=50 �f .3?1.7v2,003 rrrato 1x:� ,Ir 1al�x/�a� aw o, adsl4S - 40 O Jmw wmm ERGER OF MON INTO HITY COMPANY rat Carporalian Law aid Title 6. Ow undom;* d limked liabilky limited 11411ity compaW In wWl the tsur►a of the Wited Ksbili7 empomy Is ved, mdopbA a Mi0ed, VWVA4d 11WY Qaanpeny and do menou eottt wsy is , 7RQ6 at 1.30 a. M. dw place mf businew 4(dw survivbq lktitad lis#ri ky empavX. li SIXTH, A copy of lira AW"ment of Mttpr "t 4t f6rWmhad *the surviving tlmftd Ilabillcy ownpaay on request. witlmal cent, to member of asy cony want limifed lialulityacawmyorstoekhoMerofasycannitucat dooporation. Apr 21 2000 3:33PM HP LASERJET 3330 p.3 IN WMESS w URROY, said limited babilky 4annpany has aauatat this artificers to be sipr' W by sn atAl a&W pomm the ►m+ day of DDOW en_ .A.D., 2M By, 1 S/ David A. Miller OWL A. Mi:hr is I PrW or Type Senior Vice President Apr 2.1 2006 3:33PM HP L.ASERJET 3330 P.4 Own To Whom it May Concern: On. February 25, 2000, the Mowing Uamafic Corporation, a Washington corporation and wholly -ova Holding Corporation, a Delaware corporation, mcrgod Corporation, a Washington corporation, (2) VoiceStty corporation and wiblly-owned subsidiary oMiceS th =4 intR gMM122int Corporatiog,and (3) ' cba pd its name to VS 'Wasbt Wen Corporation and I Corporation, now the parent, changed its name to Voic On May 4, 2000, VoiceStream Subsidiary M C wholly -owned subsidiary of VoiceStrw= Nrnvlms Cc Communications, Inc, a Delaware corporation. Aerial owned subsidiary of VoiceStccam Wireless Corporatic For questions or more information rogarding Sr. Legal Affairs Specialist at 425/653-5019. Sincerely, VOICFSTREAM WI MMS CORPORATION David A. Miller Assistant Secretary iz�e ss ssd, sway s�non,ewa yeoa� i ranuary 31, 2001 occaurcd: (1) VoicGStroam Subsidiary I d subsidiary of VoiceStream Wireless th and into VoiceSb=m Wireless Subsidiary II Corporations, a Dalaware earn Wireless Corporate am Wireless Holding Wireless Corporation. t, a Delaware corporation and a merged with and iarto Acnatl cations, Inc. is now a wholly structwre, Please contact Lce Tostevi4, p.5 Apr 21 2006 3:34PM HP LRSERJET 3330 �� 4 1 OFFICER'S CERT�MATE The undersigned, as Assistant Secretary of Voices Carlwratian (the "Ca=pany'), does hereby certify Delaware corporation; Omnipoint Connuunieadons 1 liability company; Omnipoint Communications partnenhip; OPCS Philadelphia Holdings, LLC, a ] Onmipoint Facilities Network 2, LLC, it Delaware lit the Company Date; %December 3, 2001 134205E 3BH, SlrorK Baku. e,wA 9SM6 VOICESTREAM n Wireless Corporation, a Delaware Omnipoint Communications, Inc, a Operations, MC, a Delaware limited guises. T...P., a Delaware limited ware Bruited liability company, and 1 liability company arc subsidiaries of CORPORATION �,-. �� ••,tea, aeN-CA-ue e:trM; rage etj •-• ...... �...�.. -r ra.��aaipsrse,m wa-reAriej Pace 2 T-NOSILE USA dpRP LEASIK IAQ01 gA6E I : gust .T, H u=nT sd zx wnws 7R, l9ECRE OF swum DF Was STL`J.'E O8 DRZAK 1M, DO S8R=r CSRTIFT T93 IS A TWJR ANC Ct9P.R CT con or M CEATI:rzca ''E OF A9�DM8NT Immm M MUMS C0RPO9tgUMM , CRAMING M lam FRAM " r .-WIRELESS CCR]�AR TION' 1A G.", ILED TM 2119 O"IcE Ott "M T4x'7b1'S my QF AU=sT, A.D. 2002, AT 9 op ILM g WILED COIFY QE ma CIIRTIFICA2"8 888N �'OMORDW TO TUB mm CANTLE Comm 11S�=mxlt or . DMDS r 3058821 6100 020 S4727 0 VAR&W. SOW" TICV: 1061016 DATZ : 0 8-30-- 42 09/23/2002 VON 16:38 [TX/RI NO 79241 Q002 0 Apr 21 2006 3: 34PM HP LHSERJET 3330 rage 31a lEilO ��•• �a evsu .� vasar4r�raem waro,Zrsy� pspiyM g 425 ed� 6o2o T-1CA6I,LS USA C�W LEA IN Q ohs Mr or =RTS ears a& dxramam bIvzrj% N tom' mapmurzom ,r723M ar: oa Aer aav 0100c 0 a2a3rys79 � J036821 C2303NZCAMCOF or a,14�eistwrra Vdc ra�n'1Pj�aiwGrk ap>��e'� of adMdE*Mg AWI'dby IIMra[+lsiirem.tOo�denLurraidw.Alrfve�D.1..m:q i~wi17►r. 2=5 IW4 bl umuritm m wdtieorr Oman& araw a rcloors atCthe Cor aridiaad wrd�jr �ltaa=momotdwbdAmeirsudetl�apatA trlaal� isvmdaorec%*0� Bmbg mohoom A�rr'!r assa r3 Ckatown ot� *Elbe Cmp4� "d�d�y 3% �Z001, tr bwod'by ftoowd and d w oC+b- dmpamdow >Rtr1'iC�,y$p. 9�t,d� food drrr�r �lesdsfiwbTe � � t4.d .ienawarais�rtdis8o�el�rrbe "�'� rttitrr u�li�iR T�liabi:v t76Jt, addbo its 1SBM'VM dtbAz" todGo Amami*" d*eud�pri0i 200�� b�r~aA��+r:i ibearbest tefoo �oi]ltmYiM(1 odad >vdai! ra as �d�s d�trxs�ocot rwduo nerd rr ��: �. Ctrs rs dm astgmw: Ths tun sfamwa .-,t:a� wara Jam► b sw w+Ma daov rp +bps �tiritraRs - ugmd 1*1i06 M W d2a2 Ohre ON" Omomifim XAW M dW 9W. aDAMmO6 1N t7�■ v�w�trrar. !w ta�rrrd todr o�C.Ameat� � VAN at �pbRa�maal�ByNririA�C.�Jee�i��pt&ue�nre'Vk+rPxs �o'mrgo��noE'me3ptk,t�►atAwda�d00�, � Mad 09/23/2002 VON 16:38 [TX/R% NO 79241 I i003 I 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 J,3+h day ofSeph!nJX(, 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 88th 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 10th Street Building 3, Suite 1000, Plantation, Florida 33324. (LESSOR and LESSEE hereafter collectively referred to as the "Parties"). WITNESSETH WHEREAS, on June 26, 2002, 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 (20) foot section of certain ground space real property generally located at 7801 N.W. 615t Street, 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 initial Term which commenced on June 26, 2002. WHEREAS, pursuant to the Original Agreement, the LESSEE occupied 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 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 seven thousand seven hundred twenty dollars ($27,720) 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 June 26, 2002, and is currently in its first Term which will terminate on June 26, 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: NIARION SWENSO , CITY CLERK -APPROXVED AS TO FORM: 1 M?/Pb OFFICE OF THE ATTORNEY WITNESSES: --c.w—ua A CuHAe2MATGt( Print Na - Print Name LESSOR: CITY OF TAMARAC, FLORIDA LESSEE T-MOBILE SOUTH LLC CERTIFICATION The foregoing instrument was acknovIledged before me on this 1/ day of 2006 by T -- as i r 91"C5 of T-Mobile South LL , a Delaware limited lability company, on behalf o the limited liability company. He/she is to me or has produced as identificat LAZARA R. DAVAl05 "°'�-; w MY COMMISSION # DO 342228 _.... �' EXPIRES: August 20, 2008 T, Bendad Thru Notary public Underwriters N616 Pub c --.— -- Page 3 of 3