HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-189Temp. Reso #11037
September 11, 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 SPRINT
SPECTRUM LP TO LEASE ADDITIONAL GROUND SPACE AT A
COST OF $350 PER MONTH, FOR THE INSTALLATION OF A 30
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 R00-039 approving a Site Lease
Agreement with Sprint Spectrum L.P. on February 23, 2000 providing for ground and tower
space for cellular services at the Water Treatment Plant Property; attached hereto as
Exhibit 1; and
WHEREAS, on July 1, 1996 Sprint Spectrum Holding Company, L.P., Sprint Spectrum
L.P., and Sprint Spectrum Realty Company L.P., executed the Amended and Restated
Assignment and Assumption Agreement where Sprint Spectrum Holding Company, L.P. and
Sprint Spectrum Realty Company L.P. transferred, conveyed and assigned to Sprint
Spectrum L.P. all rights, titles, interests, duties and obligations of all real property, as stated
on the Amended and Restated Assignment and Assumption Agreement, attached hereto as
Exhibit 2; and
WHEREAS, eight (8) foot by eleven (11) foot of additional ground space is needed to
install a 30 KW propane generator; and
WHEREAS, this standby generator will allow Sprint Spectrum L.P. to continue to
operate the cell site during unexpected power outages; and
WHEREAS, Sprint Spectrum L.P. will pay $350 per month for the additional ground
Temp. Reso #11037
September 11, 2006
Page 2
space, increasing the total annual lease payment for this site to $39,578; and
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
Sprint Spectrum L.P. to lease additional ground space at a cost of $350 per month, for the
installation of a 30 KW propane generator at the cell tower site located at the Water
Treatment Plant, 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
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 Sprint Spectrum L.P. to lease
additional ground space at a cost of $350 per month for the installation of a 30 KW propane
generator at the cell tower site located at the Water Treatment Plant, said site is more fully
described in Exhibit A of Exhibit 3.
SECTION 3: Appropriate City Officials are 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 $39,578 in annual lease payments for Sprint Spectrum
L.P. at this site, with 5% annual increases.
SECTION 5 All resolutions or parts of resolutions in conflict herewith are hereby
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Temp. Reso #11037
September 11, 2006
Page 3
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 I I day of OC(vb6r , 2006.
ATTEST:
MARION SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
AWA
Beth Flansbaum Talabisco
Mayor
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCOAJC
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
I R#11037
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Exhibit 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R,2000-33
Temp Reso#8898
January 25, 2000
Revision #1
February 8, 2000
Page 1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
SITE LEASE AGREEMENT WITH SPRINT
SPECTRUM L.P. FOR THE INSTALLATION OF A
TELECOMMUNICATIONS ANTENNA AND
ASSOCIATED EQUIPMENT PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, AT & T Wireless Services, Inc. constructed a 140 feet monopole tower
at the City's Water Treatment Plant property and the City has the right to lease additional
space on the tower to other carriers; and
WHEREAS, additional telecommunication antennas in the City will enhance the
quality of wireless telephone reception; and
WHEREAS, the City Manager has negotiated a site lease agreement with Sprint
Spectrum L.P. for the installation of a telecommunications antenna and associated
equipment; and
WHEREAS, the Director of MIS and City Manager recommend approval of the site
lease 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 Tamarac to authorize the appropriate City
officials to execute a site lease agreement with Sprint Spectrum L.P. for the installation of a
telecommunications antenna and associated equipment.
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Temp Reso#8898
January 25, 2000
Revision #1
February 8, 2000
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA-
SECTION 1: 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 a
site lease agreement, attached hereto as Exhibit I, with Sprint Spectrum L.P. for the
installation of a telecommunications antenna and associated equipment at the City's Water
Treatment facility as shown on Exhibit "A".
SECTION 3: The annual lease payment to the City will be $26,400 per year
and shall be increased to an amount equal to 105% of the annual lease for the past twelve
month period immediately prior to the adjustment.
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.
SECTION f: This Resolution shall become effective immediately upon its
passage and adoption.
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1
Temp Reso#8898
January 25, 2000
Revision #1
February 8, 2000
Page 3
PASSED, ADOPTED AND APPROVED this 42 B 4-4 day of � , 2000.
r_r■9*116
a- 4zf-0'02(
CAROL GOL CM C/AAE
CITY CLERK
I HEARBY CERTIFY that I have
approved this resolution as to form.
MIVHY-:rL S/
CITY ATTGONEY
JOE SCHREIBER
MAYOR
RECORD OF COMM1,0M i
MAYOR SCHREIBER
DIST f : COMM. PORIbia.
DIST 2: �V M M►SHKIN
DIST 8: COMM. sugma
WSTAL" COMM. RORFR'M
No Text
Exhibit 1
Cell Site: MI13XC248(A)
State: Florida
County: Browanl
SITE LEASE AGREEMENT
(Non-BTS)
THIS Lease is dated and entered into on At, 02 3, ,_, 2000 ("Execution Date") between THE CITY OF TAMARAC, a
Florida municipal corporation ("Landlord"), and SPRINT SPECTRUM L.P, a Delaware limited partnerslfp ("Tenant").
1. Leald ProPermittedses. Landlord 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 100 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 and maintenance of all improvements thereon (the location of the Easement is also shown on
Exbiblt "A"). The Ground Space, the Tower Space and the Easement are collectively referred to as the "Leased Property." The
Leased Property may be used for (i) the transmission and reception of communication signals, (ii) the construction, alteration,
maintenance, repair, replacement and relocation of related facilities, towers, antennas, equipment and buildings to provide SSLP
wireless telecommunication services, and (iii) activities related to any of the foregoing (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.
2.1W rm. The initial tern of this Lease shall be 5 years, commencing on the Execution Date. The initial term of
this Lease shall expire at Midnight on the day before the 5th anniversary of the Execution Date.
34el 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-six Thousand Four Hundred Dollars per year ($26,40000) ("Rent"). Rent shall be payable within 30
days following each anniversary of the Rent Commencement Date (each such anniversary being referred 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 direct deposit system shall be at Tenant's sole expense.
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 tax). if this Lease is
terminated on a day other than the Anniversary Date, then Rent shall be prorated as of the date of termination, and in the event of
termination for any reason other than nonpayment of Rent, all prepaid Rent shall be promptly refunded to Tenant.
5. Due Q11lgSaSe PMiojLFor 90 days from the Execution Date, Tenant and its agents, engineers,
surveyors and other representatives shall have the right to enter upon the Property to conduct geological or engineering tests,
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 Use, all at
Tenant's expense ("Due Diligence Period"). Tenant shall not be 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 Tcnant's intended use, or Tenant
determines that the operation of a communications facility on or within the Property would not be in Tenant's best interest,
Tenant shall have the right at any time prior to the expiration of the Due Diligence Period to terminate this Lease by sending
written notice of termination to Landlord. Thereafter, neither Landlord nor Tenant shall have any further obligation or liability
Is under this Lease except as otherwise provided herein.
Page I of 5
0 ti. Interfiamcs.
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 Lease; provided,
however, that t,:utdiord im4., acknowledges that Tenant's use of the Property for Tenant's Permitted Use shalt not constitute an
impermissil,l. intcrferctwe by Tenant. Furthemlore, Tenant shall operate the Antenna Facilities in a manner that will not cause
interference to Landlord and other lessees 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 lessee or their equipment,
provided that Tenant's equipment or such third-party's equipment is installed as of the Execution Date, and provided that Tenant
has been unable to eliminate such interference within thirty (30) days after notice of such interference from Landlord. If
Landlord terminates this Lease pursuant to this Section, Tenant shall remove immediately its equipmerif from the Property. All
operations by Tenant shall be in compliance with all Federal Communications Commission requirements.
R Subsequent to the Execution Date, Landlord shall not, and shall not permit its lessees or licensees
to, install new equipment on the Property or property contiguous thereto owned or controlled by Landlord, if such equipment 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 paragraph, Tenant may terminate this Lease and/or pursue any other
remedies available under this Lease, at law, and/or at equity.
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 include 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 retrains 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 other part of the Property, and Tenant shall discharge of record by payment, bond or
• otherwise, within 10 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 term 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 expiration 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, and
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.
S. Termination. 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 due 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 g.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 be 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,
C. by Tenant on 30 days prior written notice if it is unable to obtain, maintain or otherwise forfeits 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
Page 2 of 5
QX01Ull 1
. D. by Tenant on 30 days prior written notice if Tenant determines, in its reasonable discretion
exercised in good faith, that based on (i) technology, (h) 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, Tenant's use of the
Antenna Facilities (as the same may have been modified from time to time) is no longer consistent with the optimal operation of
Tenant's communication system or such continucu use wouia uc co,.trnercially unreasonable.
9. Casnally and QRgemnation.
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 Lease by providing
written notice to Landlord, which termination shall be effective as of the date of such damage and/or 6estruction. Upon such
termination, Tenant shall be entitled to collect all insurance proceeds payable on account thereof and to be reimbursed for any
prepaid Rent.
B. 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 vesting 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, Taxes. Tenant shall pay to Landlord any applicable sales tax on the Rent, and Landlord shalt 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 ID # Is 59.1039552
11 InsUmugl and Subragation. 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 patty shall indemnify the other party against any loss or expense, including reasonable
attorney's fees, resulting from the failure to obtain such waiver,
12, mold Rarmless^Tenant shall indemnify, defend and hold Landlord harmless from and against injury, loss, damage or
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 Lease, except to
the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent
contractors.
13, Yt ces. All 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
To Tenant:
Sprint Spectrum L.P,
11390 Old Roswell Road, Suite 100
Alpharetta, GA 30004
Attention: Lease Manager
Page 3 of 5
. With a copy to:
Sprint Spectrum L.P.
4900 Main Street, I I' Floor
Kansas City, Missouri 64112
Attention: Business Law Group
•
And a copy to: Michael Christiansen
Mastriana & Christiansen, PA
1500 N. Federal Highway, Suite 200
Fort Lauderdale, FL 33304
13. Quiet Enjoyment, Title and Authority. 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 encumbrances 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 signal Subordination, Non -Disturbance and Attomment Agreement in a form acceptable to
Tenant.
14.. Environmental Laws. 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 properly owned by Landlord.
15 Alsiig nment and ,Mleasine. 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 control 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 Lease without Landlord's written consent, which consent shall not be
unreasonably withheld or delayed. Tenant may not sublease the Lease Property. Upon notification to Landlord by Tenant of a
permitted assignment of this Lease, Tenant shall be relieved of all future performance, liabilities and obligations under this
Lease.
16. Sugsessors and Aggf glls.,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.
17. 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, regardless of whether any portion thereof is deemed real or personal property under applicable law.
y-
A. Each party 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 parry shall cooperate in
executing any other documents (including a Memorandum of Lease, easement agreement, or both) necessary to protect a party's
rights hereunder. Neither party shall record this Lease, but may record the aforementioned Memorandum of Lease.
Page 4 of 5
Exhibit I
0
S. • 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
thin Leant *xairiu 3v days after receiving written notice from the other party, the party that delivers such notice may perform Qvrh
obligation or take other appropriate curative action on behalf and at the expense of the nonperforming party. If the curative
action is taken by Tenant, the expenses may be offset against the next payment(s) of Rent. If the curative action is taken by
Landlord, the expenses shall be paid by Tenant together with the next payment of Rent.
D. The parties acknowledge that a substantial portion of negotiations and antic gated 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
relating to this Lease shall be brought in the Circuit Court of the State of Florida in Broward County. Each 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 party 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 agreement 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. In accordance with Florida law, the following notice is hereby given to Tenant: "RADON GAS:
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
TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUmELINES 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 Lease fully aware of the aforementioned conditions.
Wherefore, the parties hereby enter into this Lease as of the date first set forth above:
WITNESSES:
WITNESSES:
LANDLORD:
CITY OF TAMARAC.
a Florida municipal corporation
By: Joe Schre' er
Title: Mayor
Date:
TENANT:
SPRINT SPECTRUM L.P.,
a Delaware limited pattnershi
Page 5 of 5
L
EXHIBIT "A"
To the Site Lease Agreement dated 22.-?$Ot? j49 9 tween THE CITY OF TAMARAC, as Landlord, and SPRINT
SPECTRUM L.P., a Delaware limited partnership, as Tenant.
The Ground Spacc is a 1 M area, togc.hcr witl a i;cr.,:xclusive casement for the purpose of vehicular ingress and egress and
installation and operation of utilities, 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.
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Page 1
0 A
OF:
• This instrument prepared by:
Michael Christiansen
Mastriana & Christiansen
1500 North Federal Highway, Suite 200
Fort Lauderdale, Florida 33304
Return this instrument to:
Michael Christiansen
Mastriana & Christiansen
1500 North Federal Highway, Suite 200
Fort Lauderdale, Florida 33304
Do not write above this line - this space reserved for recording purposes
EXHIBIT B
Site Name: _Tamarac Utiliies Site Lease Agreement Site ID: MI13XQ48(A)
Memorandum of Site Lease Agreement
This memorandum evidences that a lease was, made and entered into by written Site Lease Agreement dated
&J" .7 3.-, 2000, between The City of Tamarac ("Owner"), whose address is
ISIAS AI4d. t'#re, 7A,"AvIAC,G7- and Sprint Spectrum, L.P., a Delaware Iitnited partnership ("SSLP"), whose
address is 11350 Old Roswell Road, Suite 100, Alpharetta, GA 30004 the terms and conditions of which are
incorporated herein by reference.
Such Agreement provides in part that Owner leases to SSLP a certain site located at -7m 1 h7 W Es
City of Tamarac, County of Bmward, State of Florida, within the property of Owner which is described in Exhibit "A"
attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for
a term of five (5) years commencing on 2 2000, which term is subject to three (3) additional five (5)
year extension periods by SSLP.
Not later than thirty (30) days following the cancellation, termination or expiration of the Agreement, SSLP will make,
execute and deliver to Owner an instrument, in form and substance reasonably satisfactory to Owner, in recordable form,
releasing this memorandum of Site Lease Agreement.
IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written.
Signed sealed an deliv(e�red in the presence of: "OWNER"
CITY OF TAMARAC Florida municipal
corporation
_ By: C
/ Printed Name: J orr �C1k12 E1 bE�
Printed Name/�G'N / jt"�,/�,__ Title: l4 0
Date: _ ZU �L. ir 3-o n v
Address: '1 S / 441 VT hVa,
a-
LI
11
•
STATE OF EL* PUPA
The forep ping instrument was acknowledged before me this day of FI9 64U 44y , 2000, by
=E' gmanidg _ , as 1VAV0 of the City of Tarnarac, a Fldrida municipal
corporation, on behalf of the ..corporation. He/slts is personally known to me at: pw•. de
he/she4i*did not take an oath.
(AFFIX NOTARIAL SEAL)
My Commission expires: g115�3�}
Signed, sealed and ffdelivered in the presence of :
Printe4 Name,• ur Gt A mA tAj
j
Printed Name ;,�.(i �e rnHPT1
STATE OF r i"_ 2L 1 ctr
COUNTY OF GAj Ain
JUNK A WHIM!
ARY K SU C SrATR CIIB, jLQRM
C0Wfi 1 W N0.C>C> "Wd,
Notary Signature
4lic, State of 4'041. A
d or Stamped Narne of Notary
Number: C e •713r'7 amo
"SSLP"
Sprint Spectrum, L.P., a Delaware limited
partnership
By:
Printed ame•�Vj.w
Title: 'G C.E-C✓ S C atr�
Date: 01
Address: 1(3go Ott �- ��
_ t+-l00
The foregoin interment was acknowledged before me this �"�— day of �fu OW � , 2000 by
'tat✓C [.fir✓ SE _ of _Sprint S,pe Mo L.P.__, a t1aware limited oar�ers . He is
personally known to. me OL hUS and he did/did not take an oath.
(AFFIX NOTARIAL SEAL) (afhcial rotary Signatur
_-
Notary Publi-�c,,� Sttate of GL
My Commission expires: h�1� PL 61 L_Lt
Printed, typed or Stamped Name of Notary
Commission Number-
NoWy lft Gwinnett Counly, Georgia
My ComMsalon Expires July 28, 2002
I
■
Exhibit 2
TR#11 U3
. AMENDED AND RESTATED
ASSIGNMENT AND ASSUMPTION AGREEMENT
This Amended and Restated Assignment and Assumption Agreement
("Agreement") is entered.into as of July 1,1996 ("Effective Date') by and
between Sprint Spectrum Holding Company, L.P., a Delaware limited
partnership ("Holding"), Sprint Spectrum L.P., a Delaware limited,
partnership ("Spectrum"), and Sprini Spectrum Realty Company, L.P., a
Delaware limited partnership C RealtyCd?.
RECITALS:
A. Holding, Spectrum and RealtyCo previously entered into an
Assignment and Assumption ("Original Assii ment" ), dated as of July 1,
1996, wherein, among other things, (i) Holding assigned to Spectrum all of
Holding's interest in certain leasehold interests held by Holding as of the
close of business on June 80,1996 ("Holding Leases'); (h) Holding assigned to
Spectrum all employee benefit plans and employment agreements and
arrangements entered into by Holding (the "Employee Plans and
Agreements"); and (Q Spectrum assigned to RealtyCo all of Spectrum's
interest in the Holding Leases and the Employee Plans and Agreements.
B. Holding, Spectrum and ReaWo desire to amend the Original
Assignment as provided herein and to restate the Original Assignment in its
entirety.
NOW, THEREFORE, in consideration of the foregoing and for other
good and valuable consideration, the receipt and sufficiency of which the
parties acknowledge, the parties agree as follows:
. I. Holding Agsignment of Re ft Merest_ Holding hereby
transfers, conveys sad assigns to Spectrum all of Holding's right, title and
interest in, to and under, and delegates its duties and obligations under, all
real property licensed or leased by Holding or in which Holding acquired an
easement interest, used or to be used for eels, sites, switch sites, office space
for administrative, technical or customer support, and other uses related to
the administration and operation of the business of Holding, whether now
existing or entered into after the date hereof ("Holding Realty.Interests").
Such assignment �rffi be deemed to be effective (a) immediately for each
Holding Realty Interest existing on the Effective Date, and (b) immediately
after the creation of the Holding Realty Interest for all such interests created
after the Effective Date. Spectrum hereby accepts this assignment and
agrees to assume and perform all of HoWngs' duties and obligations under
the instruments creating the Holding Realty interests.
2• l P n
Holding hereby transfers, conveys and assigns to Spectrum all of Holding's
right, title and interest in, to and under, and delegates its duties and
Obligations under, the Employee Plans and Agreements. Spectrum hereby
accepts this assignment and agrees to assume all of Holding's duties and
obligations under the Employee Plans and Agreements.
3. &oak= Aagiamni . Spectrum hereby
transfers, conveys and assigns to RealtyCo all of Spectrums right, title and
interest in, to and under, and delegates its duties and obligations under, all
real property licensed or leased by Spectrum or in which Spectrum acquires
an easement interest, used or to be used for cell sites, switch sites, office
space for administrative, technical or customer support, retail space and
other uses related to the administration and operation of the business of
Spectrum, whether now or existing or entered into after the date hereof,
including, without limitation, the Holding Realty Interests ("Spectrum Realty
Interests'. Such assignment will be deemed to be effective (a) immediately
for each Spectrum Realty Interest existing on the Effective Date, and (b)
immediately after the creation of the Spectrum Realty Interest in all such
interests created after the Effective Date. R.ealtyCo hereby accepts the
assignment and agrees to -assume and perform all of Spectrum's duties and .
obligations under the instruments creating the Spectrum Realty Interests.
4. . This Agreement will be effective as of the
commencement of business on July 1, 1996. The parties hereby ape e that
the Original Agreement is hereby replaced with this Agreement. This
Agreement is governed by, and construed and interpreted in acmdance with,
the laws of the State of Missouri without reference to applicable choice of law
Provisions. The headings used in this Agreement are for convenience only
and must not in any way affect the meaning or interpretation oftiais
Agreement.
2
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by their duly authorized officers as of the day and year first
above written.
SPRINT SPECTRUM HOLDING'
COMPANY, L.P.
Name: Robert Neumeister
Title: Chief Financial Officer
SPRINT SPECTRUM L.P.
rj
Name: Robert•Neumeister
Title: Chief Financial Officer
SPRINT SPECTRUM REALTY
COMPANY, L.P.
Name: Rob -eft Neumeister
Title: Chief Financial Officer
3
1103_�.
FIRST AMENDMENT TO THE SITE LEASE AGREEMENT
BETWEEN SPRINT SPECTRUM L.P.
AND THE CITY OF TAMARAC
THIS FIRST AMENDMENT to the Site Lease Agreement dated February 23,
2000 between the City of Tamarac and Sprint Spectrum Realty Company L.P. a
Delaware limited partnership is made and entered into this l lAh day of ()r&btr,
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 881h Avenue, Tamarac,
Florida;
and
SPRINT SPECTRUM REALTY COMPANY LP, a Delaware limited partnership
successor -in -interest to SPRINT SPECTRUM L.P. ("LESSEE"), a Delaware Limited
Partnership, with principal offices located at 6391 Sprint Parkway ,Overland Park,
Kansas 66251-2650 . (LESSOR and LESSEE hereafter collectively referred to as the
"Parties").
WITNESSETH
WHEREAS, on February 23, 2000, the Parties entered into a five (5) year 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. 61't 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 First
Renewal Term which commenced on February 23, 2005.
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 six thousand four hundred dollars ($26,400) annually as
Rent; and
WHEREAS, the LESSOR and the LESSEE now agree to an additional three
hundred and fifty dollar ($350) per month rent increase for an additional eight (8) foot by
eleven (11) foot 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 February 23,
2000, and terminates on February 22, 2020, with provisions for automatic renewal.
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 dollar ($350) per month rent increase to cover the cost of additional space, more
particularly described in Exhibit "A" attached hereto and incorporated herein. The rent
increase herein shall commence with the next rent payment following completion of the
installation. of the generator at space provided 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 4
t,
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day
and year first written above.
E IIM'"
.MARION SWENS N, CITY CLERK
APPROVED AS TO FORM:
yeo At, la
FICE OF T 7
ITY ATTORNEY
WITNESSES:
• ���icj! 1
Peta-Gay ftett
Print Name
LESSOR:
CITY OF TAMARAC, FLORIDA
LESSF,F,
SPRINT SPECTRUM REALTY
COMPANY L.P., a Delaware limited
partnership successor -in -interest to SPRINT
SPECTRUM LP, a Delaware limited
partnership
BY:�
PRINT NAME: ,qV"o
TITLE:
CERTIFICATION
The foregoing instrument was acknowledged before me on this day of
7EiYE2, 2006 by David Wong as Area Manager Site Development of SPRINT
SPECTRUM REALTY COMPANY L.P., a Delaware Limited Partnership, on behalf of the
Corporation. He/she is personally known to me or has produced
as identification.
EOp....■■....■.......per
A. pE JESUS
Oomn�app�
��r1M�l�i�r
( ° Q4_
Notary Public
Page 3 of 4
TR#11037
Cell Site: M113XC248
State: Florida
County: Broward
EXHIBIT "A"
Market: Miami/Fort Lauderdale
Site Name: Tamarac Water Treatment Plant
Site Number: MI13XC248
To the First Amendment to the Site Lease Agreement dated February 28, 2000 between THE
CITY OF TAMARAC, as Landlord, and Sprint Spectrum L.P, a Delaware Limited Partnership,
as Tenant.
The Ground Space is a 8 foot by 11 foot area, as identified 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.
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Page 1 of I