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
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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.
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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
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`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
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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