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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-156r Temp. Reso #11035 August 15, 2006 Revised: August 25, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-1,55L 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 10 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 10 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 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 88 h 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 44 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 41 LLC at this site with 5% annual increases. r N 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 of6CPkMb610 , 2006. ATTEST: f MARION SWENS N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 9,YMW,1210 S MUEL Sf. GO CITY ATTOR Y RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF INC DIST 4: COMM. DRESSLER Euh. l 1 Temp. Reso #8051 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- oZ 77 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 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 #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 /2 day of 1997. ATTEST: CAROL A. EVANS City Clerk I HEREBY CERTIFY that I have ;,/dOproved this RE//S/rOrTION as to form. / \ MLTCHELL S. KRAFT City Attorney r,• 4PE SCHREIBER Mayor RECORD OF COMA MAYOR SCHREIBER DIST 1: COMM. MCKAYE DIST 2: W MISHKIN Omnipoint Communications/rkt DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS ION VOTE EXHIBIT 1 TEMP RESO 805.1 COMMUNICATIONS SITE LEASE AGREEMENT This Communications Site Lease Agreement ("Agreement") is entered into this 12 day of November , 199--2, between Omnipoint Communications MB Operations, Inc., with an office at 600 Ansin Blvd. Hallandale. F1 33009 ("Lessee"), and the City of Tamarac, a Florida municipal corporation, with an address of 7525 NW 88 h 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'h 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 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 881s 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 ash 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 hh mN5 f Preperrf-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 1 Wof the Property, provided that their installations predate that of the Lessee Facilities. Lessor Rp other third lessee or Lessee's equipment, provided that Lessor's equipment or such third 's � any p�3' eq ., shall be able to terminate this Agreement if Lessee's equipment interferes with Lessor's equipment or interferes � per'uipment 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. [;cuisees (b) Subsequent to the Commencement Date, Lessor shall not permit itself, its lessees or heamea to install �� 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., &nd 4ex+r-' predate the installation of Lessee's Facilities. 6 rS 8. Taaes. 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. r 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follow by either 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. t (a) If any" 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 thitty (30) days of the Commencement Date. 13. Assignment and Sublettine. 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 fmancing 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. QuQ,t 14. Warranty of Title and An#et Enjoyment. 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 peacefWly 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 rJ' permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Land in violation 4aany 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 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 Tamarac 7525 NW 88'h 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 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 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 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. (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. is. Tower Markina and Li htin Re uirements. 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 poceed to cure the conditions of noncompliance at Lessor's expense, which amounts may be deducted from the Rent. 19. GQ,vernmental 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. 4W-M9@1 will comply with all applicable laws relating to its possession and use of bj�? the Site. L -sm (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 Mana_geT signing by and through ach duly authorized to execute same. A/TTT T: ] 2- Carol A. Evans, CMC City Clerk Date: November 12, 1997 LESSOR: CITY OF TAMARAC a Florida municipal corporation Name: Joe Schreiber, Mayor Witness Print Name:: Ili_ Witness Print Name: Witness 1� i Print. Name Witness Print Name: Print: Joe Schreiber Title: Mayor Name: ` n Print: Title: r i t Min a n� e r M �.i aY c-a�4viaacY LESSEE: Omnipoint Communications, Inc. 600 Ansin Blvd.. Hallandale, Florida 33309 Name: L�svzv3 Gc Witness Print Name: W0/f 7 Print) r rV Title: 1 G1t I rL r Witness Print Name: cr r ,<<c , Date: (NOTARIES ON NEXT PAGE) III STATE OF FLORIDA COUNTY OF BROWARD Joe Schfre�ber instrument was acknowledged before me this 12 day of Nov 199 % by Mayor o the The foregoing instri o amarac, a Florida municipal corporation, who i orally known me or has produced as identification and who di did not a an oath. r PbylliS P 1 �(iv Pci� OFFICIAL NOTARY SEAL Print Name "T`n PHYLLIS POLIKOFF ! My Commission expires: • COMMISSION NUMBER OFFICIAL NOTARY SEAL UBei T 2EXP. STATE OF FLORIDA OAP * PHYLLIS POLIKOFF * COMMISSION NUMBER ' •'� COMMISSION a Q CC390392 �! `c0r Q� MY COMMISSION EXP. FAO SEPT 23 1998 COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 12 day afNOV 199 % b y Robert S . Noe, ,J r Tamarac, a Florida municipal corporation, who i ersonaliv kno o me or has produced take an oath. as identification and who dl Cias Citv Manager of the d not W1'IT�S m d an offici seal Notary blic Ph llis Polikoff Print Name My Commission expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this Li day of ►,�w 1997 Communications MB Operations, hic.cEE Is ersonally mown to r has produced an oath. WITNESS my hand and.official.seal... _. Notary PUAC Print Name My Commission expires: Z L( Z rwa17 �q,,RY P&* OFFICIAL NOTARY SEAL O �i PHYLLIS POLIKOFF O COMMISSION NUMBER a CC390392 MY COMMISSION EXP. Of F%.O SEPT 23.1998 by of Omnipoint as identification and who did/did not take Y� JULIA E. SCHNELL OM Wi N IP CC 07427 EVM JAN 24, 2000 SSFrv'AnAKnC BONDING CO., INC. EXHIBIT A DESCRIPTION OF LAND To the Agreement dated Novemh,pr 12 . 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 ' 9��,,qqCK & VKTCH Owner Computed By =./! Z4,,,,, 77 Unit Date 19. a 7 Project No. — 36 <-9S File No. Verified By Title .L / Date Page of 19 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 88lAvenue, 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 tens 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 permiit 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. ATTEST: Date: November 12 1997 Witness Print Name Witness Print Name: itness i _ !at Name: --L,, Print Name r -AJU Name : �� .�,r , Print: arol A. Evans, CMC Title: City Clerk Date: November 12, 1997 LESSOR: CITY OF TAMARAC a Florida municipal corporation Name: Print- a52p,,.Schre jeer Title: -Mayer Date: November 12, 1997 Name: print:_R S—Noe, Jr. Title: City Manager rney (SIGNATURES CONTINUED ON NEXT PAGE) 9 LESSEE: Omnipoint Communications, Inc. 600 A.nsin Blvd. Hallandale, Florida 33309 ----� `--'Z Name:—?-). Witness Print, F r �Tide: _Print N dif c ,--,r Date: Print Namer"Vac Q • �_. STATE OF FLORII)A COUNTY OF BROWARD Joe Schreiber The foregoing instrument was acknowledged before me this 12 day of Nov 1997 by , Mayor of the City of Tamarac, a Florida municipal corporation, who i onakly known me or has produced as identification and who d4EnoIake an oath. y and a tcial se �.. Notary PAlic O�P,RY PVe OFFICIAL NOTARY SEAL P 1 ez PHYLLIS POuKOFF Print Name * k COMMISSION NUMBER My Commission expires: C C 3 9 0 3 9 2 �% Qa MY COMMISSION EXP. STATE OF FLORIDA `cOF FAO SEPT 23 1998 COUNTY OF BROWARD Robert S. Noe,. Jr, The foregoing instrument was acknowledged before m 12 day ofNov 19g 7 by , as City Manager of the ty of Tamarac, a Florida municipal corporation, who is onally known me or has produced as identification and who didMt not take an oath. Phyllis Polikoff Print Name My Commission expires: STATE OF FLORD)A COUNTY OF The foregoing instrument was acknowledged before me this 4 day of "V 1997 Communications MB Operations, Inc. o Rs ersonallv icnown to me r has produced an oath. WITNESS my hand and official seal Notary PubW Print Name My Commission expires:_ 1 I y -L-R 7 A �Y y �tt,IAOROY EAL FPig. ?HYLLIS POIL0 MISSION NUMBER=%1 COM093 My rOMMISSIO FAO srP23 998 T1Or by of Omnipoint as identification and who did/did not take Y • AAJA E. SCHNEL L CxIUMISEION d CC W427 NIM ExPIR@f JAP124' TOLD I ATLANIYC BONDING O., WC. BLACK & Computed By VEATCH Plant Unit Date /n - ,Z 9 19 G 7 Project No. 3A�g,S= File No. Verified By Title / Date 19 Page of w (/7 z W ry Z O m Z 0 a OmN rP a. h T �•`.'4SF -./+ !"Er9... o S/-D i� /S r - •. .... l- - . _ __ »_ .... _. .. _...._ .. G:r-Tom_....... _..... _ • _ .. ._.._ ..-----__...-__. __ _ 5�-add-9`a /S�0''4�lariFbrwi For %3rs -- NExrE� _T 71 F cE _ :Ise - _ --- ---- -. _. W-._ -- Fin c .:._.. 3'. ra rod ?JATform �1' ___L A d y � a _Ai cyr;�pC EXHIBIT 2 Apr 21 2006 3:33PH HP LRSERJET 3330 The First I, RARRZJ 'T Siff W PlIMSOR, SAKM DNLAIiLRE, DQ =RBAY CSAT=xr r THS ATT =PY OF Tim CSRTIFTCATB of :tom, "WXCEi STREW TAMA/GWZANDo, LNc NX75 AND ZYM "T MOBIL$ BOUTS L "T-1AAILE SOUTH LLC", A LIJdXTAD ZIA J=SWTNG i 3M= 78S LAWS OF 2'JW STAT AND FILED rN TJJTS OFFICE 2W TiIRs M 2005, AT 11:33 O'CLOCK A.M. AND 2 DO J1ER.iiwBY FMTRM CZRTIFX TIFF AEX)R=AID CERTIFICATR OF Anuu R A.D. 2006, AT 1:30 O'CLOCX A.M. A JPTZND Corr OF TXI,$ CERTIFICAT mw CIASTLS COUNTY AWORM OF D=DS 4058048 8100H 051046148 PAGE I MY OF STATE of THE 9TA= OF MM IS A TRAM Aim CO1UCT Illcu PfiutGw: it, A DZL AMM CORFMTION, 7'" VNmm Tax Jiii m or MZTY COMPANY ORGMZZZD AND OF DNLMV=, AS XBCSIVXD rZJtST DAY OJP" DBCZMM, A.D. THAT T$S EFFECTIVE DATE OF IS TEE FIRST DAY of JANmr, r HAS BEEN FORNARDED TO THE WrTCATxON: 4394932 DATE: 12-21-05 P. Apr 21 2006 3:33PM HP LASERJET 3330 STATE OF I)K CZR77FiCATE OF DOMEMC CORPO DObCMC LEMITSD U Purstraat eo 'Citte 0. Se OW 2"c) of ow D Section I11-209 ofdw U"iled Liability 0 cwwny axWAW the fallowiall,com ub FIRST: The nrnt: at At so ocrpaewtivtr being S,d h tp this SECOW. 'IM Agmaseft o(Metsat I= been ai and admwlodpd by the sutvlvias limited aarparatiort. THIRD:_ The r - of dw surWvtn& lift kW liabl r•Met.rr<awa t.t,C FOURTH- The mecg:ar it to boconte diva on iwlf M: The Agramm of McMw ittan file at� 12M IL altr sent, Aft a e. w4Ab m ls0oi of tha ltur*ke 111d d li"ity campny. SIXTH- A cagy of the Agn* mt 4 of Mope wQ U 11a43]ity oompnay as request, "NMI cost, to an liabilityeempeny crirwClthoWwof any caeaivat auto amF D&tmm w Stseast4w ad samft akLUvwxud 112:10 24 jum 11:33 .Ott 12/a/2003 mw mia us -• 40-4 ws X= wAM ERGLR OF ►71ON IN" UUMY COWAM oral Corponlion Low attd Title d. the tin mkped 11mited liability Amitod Wbility cmpww is and the .1. — of the Hmited ILbilitr company is ved. adopted. cent(ted, 0ee=W lww ray and the CotMpany is Far UWY 1,1dt16 N 1.30 a. W. . ilia ph t Df bvsinm e (iunti�d by the survWing tlmioed member of aar eosAkwnt bmised p.2 Rpr• 21 2006 3:33PM HP L.RSERJET 3330 P'3 �..__ IN wroin Wimpitor, said ihnitcd babakoy atty has causes tws cerdficm ra ' be siptcd by an sudmraad pwrtft dteIs* , day of 2106 I� BY: /S j David A. Miller_._ ._ ntLm2" Pfthmn {.EALhO_,_, 1 Prime at r or Vice President Rpr- ,21, 2006 3:33PM HP LASERJET 3330 p.4 To Whom It May Concern: On February 25, 2000, the Following twmatic Corporatiou. a Washington cogxamtion and wholly-oa Holding Corporation, a Delaware corporation, mead Corporation„ a Washington corporation, (2) VoiceStrci corporation and wholly -owned subsidiary o1:YAjmqtn into Omni int 22W=691 and (3) ' changed its name to VS W lion Coarporadon and Corporation, now the parent, c urged its name to Voic On May 4, 2000, VoiceStream Subsidiary U[ C wholly -owned subsidiary of'Voic eStrm= Wireless Cc Communications, Inc, a Delaware cvrporadom Aerial owmd subsidiary of Voire5traam Wireless Corpomtic For questions or more Wonnation roswding Sr. Legal Affairs Specialist at 425/653 Sd19. Since�ly, VOICESTREAM WMELPS3 CORPORATION i David A. Millar Assistant Secretary l 1293r) SE 3erh sm-m 1k&ro t wq 9&)o6 January 31, 2001 occurred: (1) VoiccStrmm Subsidia I d subsidiary of VoioeSttoam Wirelas th and into Voiceu5t =m Wireless Subsidiary TI Corpotuiou, a Delaware ftem Wireless Corpora ream. Wireless Holding a Wireless Corporation. ion, a Delawam corporation and a a. merged ,%ith and into Aedd mications, Inc. is now a wholly - structure, please contact Loa Tostevia, p.5 Apr 21 2006 3: 34PM HP L HSERJE7 3330 I*e r OFFICER'S CER7MCATE i s The undersigned, as Assistmt Secretary of Voices Corporation (the "Cosupanye), does herby cerffy Delaware corporation; Omnipoint Conmu nicstions 1 liability comPmY-, Ouu4oint Communications partnership; OPCS Philadelphia Hollings, U-C, a. l Omdpoint Facilities Network 2, L.L.C, a Delaware ]h the Company Date: December 3. 2001 12M 5E 38tl, 5Wavt Bepewir, WA 980M VOICESTRPAM David A. m wireless Corporatiori, a Delaware r OmWpoint Communications. Inc, a OVOtations. LYE a Delaware limited qxisos, ILP., a Delaware limited ware limited liability company, and l liability company are subsidiaries of CORFORATIM i Assistant Secretary fipa 21 20OG 3:34PM ry'Mr -- - w« ��a •.,��, ae�-tea-w� e:lzvu; Page 213 ...+.. �...,., -r ubcavCf'vam war*loswi Pao* 2 ..�_OP12 �02• 1as�gAX i2S Bay _�o�p '..iGo8iL8 VBeti lti' KFASiK 0002 P'AM I {TTw yrst Sta e I, aamxnT mxzH wnmsoR,, szcBzT8Ai of s a n of 231E Mm OF aff"W&M, DO HBRm CzmTI1"Y TIM IS A C" AM COMM i <*n OM rim232 CSRTIFICmm off' A�rl1' "CM WIPMMB CORPOR&TION' To LT-4m=,gla,G. ". XLEV is 2319 OFFICE off THE WZZWXETH nAT OF AVCUSE, A.D. 2002, AT 9 o'MoOM ILM, Y rl%ED covy o8 %wa c=TIFxmw 88� Fommmw To "m 1 mink *NWM r. so"Mr ai E" 3058021 81DD ink MT XC MICU: 196"16. 020547279 DATE: 0 6 -30-42 09/23/2002 VON 16:38 [TX/R2, NO 79241 f1002 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 1,0h day of�, 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 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 88th 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 APPROVED AS TO FORM: OFFICE OF THE EITY A WITNESSES: LESSOR: CITY OF TAMARAC, FLORIDA BY: MAYOR BETH FLANSBAUM-TALABISCO LESSEE T-MOBILE SOUTH LLC BY: P : APC TITLE: %tee e, % CERTIFICATION The foregoing instrument w s ackno ledged before me on this Z/ day of 006 by'-,. r" as ,;c v c of T-Mobile South L C, a Delaware limkd 1 ability company, on behalf o e 16ted liability company. He/she is rsonally know to -.or or has produced as .� identificati T. LAZARA R. DAVALOS MY COMMISSION N DD 342228 EXPIRES: August 20, 2008 sonded Thru Notary Puno Undervriten Page 3 of 3