HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-194Temp. Reso # TR11074
September 25, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006_ (qu
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE FIRST AMENDMENT TO THE PCS
SITE LEASE AGREEMENT WITH SPRINT SPECTRUM
L.P., TO AMEND THE HEIGHT OF THE EXISTING ANTENNAS
FROM ONE HUNDRED AND FIFTEEN FEET TO A NEW
ELEVATION OF EIGHTY FEET, ON THE CELL TOWER SITE
LOCATED AT 7525 NW 88r" AVENUE, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission passed resolution R97-78 approving a PCS Site
Lease Agreement with Sprint Spectrum Limited Partnership on April 9, 1997 for the
installation of a telecommunications tower and lease of ground space located at 7525 NW
88th Avenue; attached hereto as Exhibit 1; and
WHEREAS, Sprint Spectrum Limited Partnership would like to move and modify the
elevation of nine of the existing antennas situated on the cell tower site from a height of one
hundred and fifteen (115) feet to a new height of eighty (80) feet; and
and
WHEREAS, the financial terms of the PCS Site Lease Agreement remain the same;
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 PCS Site Lease Agreement with Sprint
Spectrum L.P. to move and modify the elevation of nine of the existing antennas situated on
the cell tower site located at 7525 NW 88t' Avenue, from a height of one hundred and fifteen
(116) feet to a new height of eighty (80) feet, attached hereto as Exhibit 2.
Temp. Reso # TR11074
September 25, 2006
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The appropriate City Officials are hereby authorized to execute the First
Amendment to PCS Site Lease Agreement with Sprint Spectrum, L.P. attached hereto as
Exhibit 2, providing for Sprint Spectrum L.P. to move and modify the elevation of nine of the
existing antennas situated on the cell tower site located from 7525 NW 88t' Avenue, from a
height of one hundred and fifteen (115) feet to a new height of eighty (80) feet, said site more
fully described in Exhibit A of Exhibit 2.
SECTION 3: The financial terms of the PCS Site Lease Agreement remain the same.
SECTION 4: The appropriate City Officials are hereby authorized to sign all necessary
permit applications on behalf of the City as property owner so this amendment can be
processed.
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.
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Temp. Reso # TR11074
September 25, 2006
Page 3
SECTION 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this I L day of OCiUbp,1` , 2006.
ATTEST:
MARION SWEN ON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
w A,,, /d'�? i
SAMUEL S. REN
CITY ATT NEY
Beth Plansbaurn Talabisco
Mayor
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
_,4�,�
DIST 1: V/M PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
TR#11074
Exhibit 1
March 25, 1997 -Temp. Reso. #7539 1
Revision No. 1 - March 31, 1997
Revision No. 2 - April 9, 1997
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97--Zg-
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE PCS SITE
AGREEMENT WITH SPRINT SPECTRUM
LIMITED PARTNERSHIP FOR THE
INSTALLATION OF A
TELECOMMUNICATIONS TOWER ON CITY
PROPERTY; CASE NO.2-MI-97; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFETE PATE,
WHEREAS, the City Manager has negotiated an agreement with Sprint Spectrum
Limited Partnership for the installation of a telecommunications tower on City property; and
WHEREAS, additional telecommunications towers in the City will enhance the
quality of wireless telephone reception; and
WHEREAS, the Senior Planner recommends approval of the agreement; and
WHEREAS, it is the City Manager's recommendation to execute the agreement; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute an agreement with Sprint Spectrum Limited
Partnership for the installation of a telecommunications tower on City property; Case No.
2-MI-97.
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March 25, 1997 - Temp. Reso. #7539 2
Revision No. 1 - March 31, 1997
Revision No. 2 - April 9, 1997
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
5E 141: 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: That the City authorizes the appropriate City Officials to execute
the PCS Site agreement with Sprint Spectrum Limited Partnership for the installation of a
telecommunications tower on City property, Case No. 2-MI-97 (Attached hereto as Exhibit
That 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: That the City leases to Sprint Spectrum Limited Partnership an
area of one -thousand (1,000) square feet t on which Sprint Spectrum will erect a tower
which will house Sprint Spectrum equipment. The tower will be given to the City as
stipulated in the Agreement. The payment to the City is Twenty -Four Thousand Dollars
($24,000.00) per year with cost of living adjustment for subsequent years.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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March 25, 1997 - Temp. Reso. #7539 3
Revision No. 1 - March 31, 1997
Revision No. 2 - April 9, 1997
SECTION 6: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form/.
IITCHELL S. KRAFT
CITY ATTORNEY
Comm dev\c:\userdata%wpdatakes17539m*o�n
q day of I�PVL , 1997.
' JOE SCHREIBER
MAYOR
i Tr 1 41 it 4 .1=DO
DWI:
Dw a:
DIET &
DIET 4:
• ",.-lWN DOWN
To Be Executed As Indicated
and Returned To Owner
MASTRIANA & CHRISTIANSEN, PA
0
PC$ 31TE AGREEMENT
Slta Name Tamarac Qtv E Site (. D.
Premises and Use. Owner leases to Sprit Spectrum LP., a Delaware limited partnership ('SSLP'), the site described blow:
rmo�wvranbmw
apprvPrtafe baxi(ee�)
1p vKtyocnsW kgcfq*wa*n** � 0 squarefastorhand;
tGng ktehlor @Pear eoraisling of appardmeMly square feel;
dkrg all Ian apace far altscmnent of antervw,"V Ulterior apace for Oftomo t of base station eq*menh spew,
❑ Space required for cable maw to oamsc PCs eel and antennas,
In the bodINKS) ("Site`) shown on Exhibit A, t QWW with a narixcAniw saseh»nt for reasonable aocsss thereto and to pus
a11ropr1a1-, in pre discretion of SSLP. source cf elsoft and tdsph ww taetlidea. The Site will be used by SSLP for the purpose
►sp g, msintdr" and cPWding, at its expense. a parevnal communications eervice system faodity
(`PCS'), krcluding, without Imkspon, related artanna equipment and fixtures. SSLP will use the Sits In a m m nar which wall not
ursommmbly disturb the occupancy of Owner's other tenants.
2
TwmiThelennof ups Agreement (the 'InNW Term") shall commence on the date SSLP signs this Agreement, or if ssLP signs
Illat pe dab Owner liana this /Wapnent. The Initial Term shell be the period of time from that data to !rw Sth anniversary of the
Rent Start Cate. This Agreement will be avlom Aically renewed for four additional terms (each m 'Renewal Term") ell five years each
earmmxk g on each On year anniversary of the Rent Start On* unless SSLP provides Owner notice of intention not to renew
not less than 90 days prior to the expiration of the Initial Term or any Renewal Term.
3.
Rm* Rent will Cornenwhce an de Rent Start Date. Rent will be paid annually in edvence beginning on the Rent Start Date and on
each ard*wsley of It The Rent Start Date 0*9 be One earlier of (a) the date which Is 30 days after the bsuerm of a budding
Permit the month me of the Sue. The
nS2244,000 rs to
annuli r�rnt 00,tom y pas p orsted. ThewwKW rert�ir>p�four nWivical t
by percent (4%) per Yeer•
d.
TNb and Qulet Posseasi m, Owner repnesuts end agrees (a) that it is the Owner of the Site; (b) that it has the right to enter into
M Agrsm ord; (C) pat the pweah signing pis Agreement has the authorty to sign; (d) that SSLP Is entitled to access to the Site
st ad paw and to the quiet possession of the Sue throughout the Initial Tenn and each Renewal Term so long as SSLP In not In
Ill expkafiom of arty Gar period; and (a) pat Owner shall not ten unsupervised access to the Site or to the PCS
5.
AsslgtsnenNSubWUng, SSLP will not esstpn or transfer this Agreement without the prior mitten corow t of Owner, which
Canleel I will not be ursanaonmbly with ehd, delayed or, ddioned; provided, however, SSLP may assign without owrer'a pdw
mitten consent to any perry controlling. cortrabed by or under common cannot with SSLP or to any party which acquirers
substantially ad of the waft of SSLP. SSLP oey sublet its Sue but nW remain turfy sable to Owner under this Agromw iL
ti
Nodose.All nholioas must be in cuing end one of active when depalled in the U.S. nail, Certified and postage prepaid, or when
sent vie onmight delivery, tothe address set forth below, or as otherwise provided by law.
7.
hap cvvmm*sSW may, at its sxpsnse, make such Improvements on pie Site as it deems necessary from tine to time ton the
aparaI oft barmn ifier air for wireless voice and rids communications. Owrw agrees to Cooperate with SSLP with respect to
obtakhlrg arty n quined zoning apprevsle for the Site and such improuemenls_ Upon termination or expiration of this Agmwvw*,
SSLP Irtlrp wown Its equipment and Imprbvsmere and wall restore the Site to the condition existing on the commencertsM of this
orothorwise � kn rights it might
Agovehow Mnor+ mot
end tang �
lsd�ih�i SSLP's of
erenc�rg Wray be rraraarby
erm to such e" W e m
rneoanary, eo to do.
a
Com44encewkh taws. Owner represents it* Owner's property (ke *xft the Site), and as knproverrerts located thereon, we
In substantial compliance with building, dtedeafety, dleabdity and otter lees, erodes and regulations of applicable governmental
authorities. SSLP will filly comply with all applicable laws Misting to its poseessim and use of ire Site.
i).
lnllwh ceSSLP will roe" technical interf mum problems with other egdpmert located at the Ste on one cah,<mwmme wt
of thle Agreement or any oquo ent that becomes diached to ill Site at any fugse data whwh SSLP duskes to add additional
tor its by agars
M*Mxtwhich
iwwltsto
le Inter prablemms with SSL 'ss then squoment.
10.
1,11111111les. Owner reprsiwtts that UWAss adequate for SSLP's use of tits Site are evadable. SSLP will pay for all LdWas used by
k bt the italic. Owrw will Cooperate with SSLP in SSiP's effbft to obtain uMwn from mny W=tlon provkled by owrw or pe
esivbkq uW►
11.
TWinkai mSSI P n" I mekuts this Agreement at anytime by noon to Owner without further liability N SSLP does not obtain
d pamhits er abler approrala (oobdlv*. %pp wan required frown any gmwrmnmW wtthorfty or why mmme nta required from
w yftd po y to opwft pus PCS syeMm, or N any wash epprcval b cwcdW, expires or is withdrawn or termketed, or N owner
Web hen proper &#rw* p, of approprletsly ciesr titleto the Site or authority to eater into U* Agreement, cr k SSLP, Mr shy
0
aktsrwaean, Inks sale dwal ter, drtetrrrI 'M the k wN be uriewe bust aw Sb br As Mended purpM. Upon tuminsuan, sir
pyWd not ehalbe nbhed by Omwr.
11 rl.dult. E elkwr PWy k in defwk tatdsr Atb Agreement fore period of (a) loft* falamoV nwpt ar ttaaaa from uw non..
dit*ft pwV w11h romped b a default %Wdd aW be arrsd solely by Rw psymmt of nwrwy, ar Cb) 3D days blowbq rvc* ar
flallaa Awn •re rtondsirflirlg pagrwllt radpeot ba def■t which msy not be wad so" by the patina 1 ar ntortey, then, In ~
ettdr�, ifle It011 q parq►nsq purwM tiny fa111ikee avelrbb b k MjP** tfw ddwArq ptdty tattler appkadlib IaYV, bralut•rtg,
butrat lrnNsd b IIw rl�tt b tdrnlNrrAa N1Id Apwrfrertt. i<>fte rtatnrttortetary default rrM1y ltct trtuarta6fy b ataad wNlwt to JD day
u1d MtMp� t�nwelrnctbal MHO pm* oonenalaea moon low* go dmbA wOb rah aD dar pabd
13 Mteaarrq►prrrwr svtd t�81 P sash brdemMAes tlw aawr dpeMret and holds tlra aNtsr hemrleae tharr WW WM Y cods Qrwkrdbq
rdadatdbbattontdI f dparwaldhwaflebfta bsewlrohmiles &Aafllreuse www000upar"crow oft by#0bpi dn.r40Ig
MV: This inda -14 domeft eppllrto any of liar arfebq from tfw col. nepkg in
rve ar MrlrrNiarw nieoandrpt ar Ifw indehnn
1c flataerdme gubahnoss. osewr npraaarts ttwt k hee rw WWWImdga at any Vubderwe, oharr* ar wasia (aok lively, Vib-
atartae") an dw Sb OW 1d iddrttlaed as hxmrdous,.iodc or dmgemm h any sppoo" thdwA earls or bast Mnr or ngtrhdm
U P 210 net Mftwe ar use arty strait arrbrrfartoe an Vw Ua In vfolauort of any epplcebbr 1dw.
1S. lltecellansatre. (a) This Apraarrerrt apples to and bkrdr the heirs, euoeelaors, seeoubrs, Ww* tltsbrs and aeelpne of the
parAes to this Agreerrrsnt (b) This Agreement Is gowreed by the Iswe of Me State in which the Sas Is laaated; (a) If re*mslad
by SUP, Owner sgnee promptly to exsarta arts delver to SUP a recordable Memorandum of thb Agreggrag in the farm of
WON 8; (d) This Apraa w" (indu ft the flxhlbb) axnetkures the entire agrearnnt between the PwWs end supersedes al
prior vntw end vwW aprw wrrls, nPaw"U", promisee or wWw*Wm*op between the pants. Any wrarwrrw ft to this
Agrserrr d mud be hrw ft end sommied by both perties: (e) if any provision of thb Agreenwnt Is WNW or urerMarvsebb such
repeat b uV parq , Mw w wkd r of thb Agr semsnt or the sppYcation o(euot, prwAWn b pwwm oatar that awes MID wfwm
k In hold bwakd ar urWdMw ale, wS net be affected and each proNelon of this Agrearrertt vrll be veld and ertfaroeabb b the
fAmA n 1 11 11 any action ar pmasedkV In cart ar rrrWAIY gnsd upon arbkraaor►
proceeding to wdbrae the Mnrw of Vie Agneewo t is O *Vat to realty ks reesorrbb attorrwW fen and COW neacrnrale
OlMorcernrat coats and sotperwes from the r&Hwwvawq party.
The fdwAq Eddbb we atMMW to and made a part of Ass Agreemerrf: Er tO* A. 8 C. d. E and Addeedtirr.
OWNER: CITY OF TAMARAC, a rrKsrlalpal aarporOM of the State of Fbrids
NK
SANex No.
LIM
r_
fC7Li
•
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LEGAL
• ADDENDUM TO PCS SITE AGREEMENT
Site Name: City a£ Tamarac -, _ SW I.D. IIRO5910
as follows:
as follows:
THIS ADDENDUM modifies stud amends the PCS Site Agreement referred to, herein
1. i P - PECTRIM 294 Ule: Paragraph 1 is modified
The present intention of SSLP is to build a 170 foot tower on the Site.
SSLP will locate as many Sites in the City of Tamarac as possible
given financial, RF and other constraints within which SSLP works.
The Site will be used by SSLP for the purpose of installing, removing,
replacing, maintaining and operating, at its expense, a personal
communications service system facility ("PCS") including related
antenna equipment and fixtures. The City owns and controls all parts
of the Site. SSLP intends to locate at 150 feet above ground level.
The City may lease at its own discretion and without interference from
SSLP any location on the Tower not rented by SSLP.
• 2. hWifiglion of Paragraph 4: Subparagraph (e) of Paragraph 4is deleted
and the following is inserted in its place and stead.
(e) that City shall not have unsupervised access to the PCS
equipment. City may have unsupervised access to the site for any
valid purpose.
I Modificati4nA—ParagraRh 5: Notwithstanding anything to the contrary
contained in the PCS Site Agreement, the City may, should such uses not interfere with the operation
or maintenance of the SSLP installation, install such other equipment on the Tower as it may, from
time to time, deem appropriate for its own use and benefit and in such event, shall pay no rent to
SSLP for the use of the Tower. In the first sentence of Paragraph 5, the phrase "which consent will
not be unreasonably withheld, delayed or conditioned" is deleted and the following is inserted in its
place and stead:
" ... which consent will not be unreasonably withheld or delayed."
In addition, the last sentence of Paragraph 5 is hereby deleted in its entirety
and the following is inserted in its place and stead:
"The City may lease or sublease the Site at any time for any purpose
which does not interfere with the operation or maintenance of the
Ini 'al s
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SSLP installation. SSLP may sublease only its own equipment and
space it occupies on the Site."
"This Agreement may not be subleased at any time except as to those
parties in the aforementioned Paragraph S without the written consent
of the City. However, Should the City consent to a sublease
ar angwm t, then any subtenant which co -locates on the Tower with
the consent of the City, shall be treated in the following fashion:
• All rent or other revenue to be paid by the co -locating
tenant for the privilege of installing its equipment on
the pole shall inure to the benefit of the City; and
• The City agrees to allow SSLP the right to request and
receive from any co -locating tenant the sum of
$30,000.00; and
• Broward County's use of the Tower shall be excluded
from the $30,000.00 fee of the aforementioned
paragraph, and the County will be relocated on the
Tower at SSLP's expense; and
• SSLP shall not interfere with the City's leasing of any
available space on the Site. It is within the right of the
City to lease space on the Tower to any party
iirterested in leasing said space. SSLP's collection of
the co -locating fee is a contractual matter between
SSLP and the co -locating tenant, and SSLP shall not
attempt to influence or enforce the collection of said
co -locating fee. Upon the request of the City, SSLP
shall advise as to whether it is going to request the
$30,000.00 fee from a co -locating tenant of the City.
City agrees to use its best efforts to enforce this clause
to assist SSLP in the recovery of its capital
investment."
4. NWdification of Paragraph 7: In the first sentence of Paragraph 7, the
phrase "wireless voice and data communications" is deleted and the following is substituted in its
place and stead:
" ... wireless voice and wireless data communications ..."
S. Meth Ration of aragrsnh 8: In the first sentence of Paragraph 8, the
18 ward "substantial" is tkktead In the last sentence of Paragraph 8 the word "substantially" is deleted.
iiriti s
Fv—
_4_
0 In addition, the following is inserted at the end of paragraph 8:
"The validity, construction and effect of this Agreement shall be
governed by the laws of the State of Florida. Any claim, objection or
dispute arising out of the terms of this Agreement shall be litigated in
the Seventeenth Judicial circuit in and for Broward County, Florida."
6. Modifigilon of ENIM=gh 11; The following is added to Paragraph 11 of
the PCS Site Agreement:
"City may terminate this Agreement for cause ("Cause" being defined
as SSLP's material uncured default) by providing a ninety (90)
calendar written notice to Tenant. However, Tenant shall be given the
opportunity to cornett any default within sixty (60) calendar days of
receipt of written notice. This Agreement shall not be terminated if
such default is of nature that it cannot be cured in sixty (60) calendar
days and Tenant is diligently proceeding to cure such defect."
"In the event of termination of this Agreement by Tenant, all rental
fees paid prior to said termination date shall be retained by the city.
In the event this Agreement is terminated by City during the Initial
Term, the rental fees shall be prorated as of the termination date and
the balance of such rental fees shall be returned to Tenant."
7. Modification ofPar-agrgph 13: Nothing contained herein is a waiver of
City/Owner's sovereign immunity or other limitation of liability under the law.
8. Modif• Mion of Paragaphl 15: Pat8sph 15(b) of the PCS Site Agreement
is deleted. The remainder of Paragraph 15 is unchanged.
9. CQ ►1 AgRrpwal Bights: City will have the right to approve in advance the
aesthetics and location of the SSLP equipment to be located on the Site. However, the following
provisions shall apply: (i) the City's approval will not be unreasonably withheld; (ii) approval of the
City will be given with due regard for RF engineering specifications and other technical requirements
that are required to make the installation both workable and function at its optimal capacity; (iii)
SSLP will complete the installation with due regard for aesthetic considerations and in compliance
with all appropriate codes, ordinances, permits and the like; (iv) Owner's approval or disapproval
must be given within a reasonable period of time, noting that time is of the essence, to allow for
compliance with controlling law and procedures; and (v) this pertains to the original installation only.
However, any upgrades wig not require City's approval. Upgrades for the purpose of this paragraph
are defined as de minimis changes that do not affect the load on the Tower and do not include the
addition of any extra equipment.
10. LimilatioQ as to CmssingC111 Easements Qlr Right of Way Nothing
. contained in the PCS Agreement shall be comsttued so as to permit SSLP to cross any City easements
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or rights of way with any cable or installation of any kind except to use such easements as may be
necessary to gain access to constrict or maintain its tower installation.
11, Mdendum n - In the event of a conflict between the PCS Site
Agreement and this Addendum, this Addendum shall control.
12. rQ A=Mgnl RUUkLIU J&ffW: All teens and conditions of the PCS
Site Agreement and Exhibits thereto which are not inconsistent herewith remain in full force and
effect.
OWNER: CITY OF TAMARAC
By: Rob Jr.
S.S./Tax No.: 59-103-9g 2
Address: 7525 Northwelt 88th Aygnjle
Tamarac Florida 33321_
Date:
SPRINT SPECTRUM L.P., a Delaware limited
putnershiWI
By:
Its:
Address: ,861 S.W. 78th Avenue_ 2nd Floor_
" n
Date:
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APPROVED
N1i C
��y�RrlrlOM �Il�1iR A �itAOrw
Cj
EXHIBIT A
Site Description
Site Name: Tamarac Cb M Site I, D. BR05210
She dtttaud in dw City of xamme. Cmaty dBrow&K We of Flodda oommanty doeotibod a
LqODWWOM
Parcel W, of TAMAR.AC MUNICIPAL COMPLEX PLAT, according to the Plat thereo& as
recorded in Plat Book 133, Page 41, of the Public Records of Broward County, Florida.
t)WOW
MP ttdliab
I�rgtr+tsand mtmm2.$*f46Ed" w tammh6itwaft" otip do1%tdumefdopop" onW"dw SMk
Iaand aadhr as ar6N9t dra+tiea detialt� itte
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This ioar:umaat prapued by-
Wobael Cbrisdaose n
blasbiana dt Cbdgd=um
2750 North Federal Worway
Fort Lauderdale. Florida 33306
Rdnrn this instrument to:
Wahad f2uistitmssa
himbiamt k Chdstla=a
2750 Naedr FWaml Highway
Fart Lauderdale, Florida 33306
Do not write &bow this line » this space re sarvnd fat r000rdinS
EXHIBIT B
Site Name: _Tarnne City -Hall �w PCS Site Agreement Site H):---BRO5910
Memorandum of PCS Site Agreement
This mernxzKhan aMeme+s that a lease was nude and entered into by wntmm pCS Site Agrean t date#p r i 1 9
1997, betwom City of Tamarac ("owner"). whose address is 7aid-Sprint
Spetahn m LP.. a Ddavare limited parinerabip ('SMYd). whew address is 861 S.W. 78th Acne, BWldiing "B". Second
Floor. Plantation, Florida 333U the farms and canditicros of which are: inoorporated berem by rekoom
7525 NW 88 Avenue
Such Agremu t providea input that Owum leases to SSLP a omtun site located at Tamarac FL
City of Tamarac C oty ef S rowa rd . State of Florida, within the property of owns wW& is described
in Bad hd "A" attached baaea, with grams of eaaama t for tt xaftided rights of aaoeas tbawo and to elecbic and Wephw
hooitra Lot alum offin (5) years canimeruourrg on A, r i t A r 1997. which tam is aubjeot to four (4) additional
Aw (5) yew extmxion periods by SSLP.
Not later than thirty (30) days fo kwing the canoellatien, krmination or expiration of the Agremnrxrt, SW will malm
coon to and ddivar to Owner an iaat umart, in form and mowsnoe reasonably sadsfaotory to Owner, in reoordable foam,
releasing this mmuorandum of PCS Site Agrccmeat.
IN WnTWISS WHMMF. due parties bffm a xamde d the Mamon adorn as of the day anti year fiat above wnittm
Signed, scaled and 4dWcrc d in the pt+esence of
PrbW Nama /�� /1 u 1 %o/!
Priatad Norma:,
Carol A. Evans, CMC, City Clerk
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wAttI1.W
7ZG
s.110-t
PrhAWName: Robrrt S _ Noe__ —7r.
imc . - -- C,j,,ty Manager --
Date —April 9 _ 199i
Addraax 7525 H.W. 88 Avenue
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowled Vg_Wb+e me this 9 day of April_ „ . 1'99'1, by
as SLly M, nagar & Mayor
of ---City a. oatpors" an behatiaftbe oarporation
or by partner (or agent) on behalf of _ — -- - . a
ppwrhu.HHa ebe — m me or provided as id on asd he/she
sot wa on&
(AFFIX NOTARIAL SEAL)
W Commission expires:
�PaY PUBk PHYLLS POUM"
SX' COMm"1014 NUNWA
#� t COS90392
Foy ��o SEPT 3 1 b
Sigued. sealed sad delivered in the pr mace of:
r
STATE OF FLORIDA
COUNTY OF HROWARD
typed or Stamped ame of Notary
Commission Number CC 390392
'SSLP"
Sprint Spectrum, L.P.. a Delaware limited
Pip
By. 44a�� AgA-;7
Prinftd Name: Mgat jam_
The fcregomtg ksirun nt arcs aclmowk dgod bcbm me this day of - RP R 11:_ , 1947
.., as _ E&Q Db2 ff of Sgd= j mIn=LP- . a rr pex: rawly kavwa
to me or has pravidod as i kedfiestion and be did/did not take on oath.
(AFFIX NOTARIAL SEAL)
r4YCE RUC
j%
,1
— 9 —
M icww
Notary Public. Stsateof fL p A -
Jo c.E fz()C-drM5
Ported. typed ar Swnped Name of Notery
Cawsp isd n Number.
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F.XSiBIT "c"
flits Ntuae: Tama= Qjx HKIIPCS Site Agreement sitelD.-IM5910,"_
Subordination and Non -Disturbance
MW f ngoing Agteematt is subatdiaafe to =Y w=tgaga or deaf of mw naw of reao:d against dw sits Hommr, prmp*
eMr the Agtawwd is f i * evoewrtW Owtwr willrapml the holder of wW such taadgage ar dead of ttwt to c=uw sac&
Moxbsaoe ag=ww, ad Oww will aoope W with SSLP toward sash cud to the ed a t that such eaopmd= does mt
awe Owaer sdd*md 6nanaid llsb * or wimu awn cqx asa
nts abas6ebgef s "PWNN rt is a mWaisl lndaaaaraK m SSLP Pa kkW, coataft curd inr d &
AS. Co�, JrOwrwr k am&k a obWx fmm the Ir*Mw of ow sEwk nftw4p o or dwd offtw a Purr
&abSnbmm man orbe ww At ewfla of (i) 90 dvs eftw O xw exaxdn thisAgrea mw or (M At im sari
of Ae AnNAW yaask for ksomfladon of Ae PM or (Jib unless whawhe spaaF W In tw Wnz by SSLP, SnP xW
Awash a e thk Agr mwo by nad w to Ownar wMoW furlAw /ioblilty.
�\ ;l- T. f � W.
ow= Ed" 4,fqr/
Sap IDWA,
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0 EXHIBIT "DM
PCS Site Agreement
Site Name Tamarac City HaltSite L D.
SSLP will procure and maintain a public liability policy, with limits of $1,000,000 for bodily injury,
$1,000,000 for property damage, A000,000 aWcgateq with a ceraiicam of insurance to be furnished
to Owner wWm 30 days ofwritteu request. Such policy will provide that cancellation will not occur
wWwut at least IS days prior written notice to Owner.
Name ]insured: City „!2£ Tamarac
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C�
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PCS Site Agreement
Site Name;
Site 1. D. BROW
A OwmvM bave the ooe-tin4e right to relocate the comammi=dons facility of SSLP, or any lm
to an atemats Smund location on Owner's property and/or to spage within and/or on top of a building
situated oa Owner's property (the "Building'; pmvide4 however, that suadrrelocation will (1) be at
Owner's sob we and (2) be performed =dudvdy by SSLP or its agents, (3) not result in any
bimuptiom of the eomnumicatioas service provided by SSLP on Owner's property, (4) not impair, or
in any marcher alter, the quality of ommmications service provided by SSLP on and from OwnWs
papery, and (5) be done in aowrdam a with the temps and conditions contained in paragraphs B. and
G below. Upon relocation of the coma=cations facility of SSLP, the access and utility easeamut(s)
of SSLP will be relocated as required, in the sole discretion of SSLP, to open to and maintain the
�nmmnnication facility of SSLP..
B. Owner well cxerdw its relocation right under Paragraph A., above, by (and only by) delivering written
notice (the "notice') to SSLP. In the notice, Owner will propose an alteraata site on Owner's property
to which SSLP may relocate its comm,mications facility. SSLP will have sixty (60) days from the data
it WXiV s the naliee to evaluate Owner'a proposed relocation, site, during which period SSLP will have
the right to conduct tests to determine the technological feasibility of the prapomd rdocfim site. If
SSLP fift to appmve of such proposed relocation. site in writing within said sixty-day period, then SSLP
will be demhod to have disapproved such proposed mice dm site, If SSLP disapproves such relocaticm
Ak then Owner may &XCBBW propose another region site by notice to SSLP in the manner set forth
abm Any re>oca m site which Owner and SSLP agree upon in writing is raferrod to harmufter as the
"Relocation Site. SSLP will have a period of ninety (90) days attar won of a written agreamaat
belwratt ft partite vcoomo ft the lccaticn and daonenaons of the Rokmdiett Site to mk cam (at Ow er's
evense) its oom onmicafts facRy to the Relocation Sitr,
C. Upon relocation of the communications facility of SSLP, or any part thane,; to the Rdoeadoa Site, all
ru A nee to the Sits in the Ag m meat will be deemed to be ref remes to the Relocation Site. Owm and
SSLP hereby as= that the Relocation Site (including the access and utility right of way) may be
sumveyed by a lia=ed surveyor at the sole cost of SSLP, and such survey will than replace Bxh1IA A
ad baonme a part heredand will control or describe the Site. Except as expressly provided in this
EAU* Owner and SSLP hereby agree that in no eves will the relocation of the voacations f muy
of SSLP, or any part there 4 under Paragraph A., above, affect, alto, mod* or otherwise change any
of dos teams and conditions of the foregoing Agreement.
Owner Initials1147.1/
SSLP Ip duds f A4
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OWNER'S SWORN TO CONSENT
PERMT11MG TENANT TO FILE FOR A HEARING
I, being duly sworn, deposes and says that I
am the Owner or authorized reprosentadve of owner, of the Property descsn'bed and do hereby
aurthorime Sprint Specaum and their authorized representative, F. Ronald Mastriam with Mastriana
& Christiansen, P.A., to file this application for governmental approval and public hearing.
OWNER or Authorized Representative
if OWNER
Print Name:- Ro
STATE OF _ _FLORIDA
The foregoing instwment was acknowledged before me this 9 day of . Sri 1
1997, by Robert S . Noe Jr. as Owner (or Authorized Representative of
Owner). Hdshe is me or provided as
identification and he/she di d no as oath.
(AFFIX NOTARIAL SEAL)
My Commission expires:
�',pY PVB OFFMAL 11oTApr SM
�o PNT" POLJMM
cow1Ap 9 NUUM
CC390392
7fe �O MY comwas M axP.
o� �n SEPT 23.1998
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&I Z A �; � X � 0 -/-/
( Notary S' )
Notary Public, State of Florida
Ph llis Polikoff
Pd t 4 typed or Stamped Name of
Notary
TIIIS AGREEMENT ("Agreement") is made and entered into as of the c day Of
1997, by and between CITY OF TAMARAC, its owners and le n
("CITY") and M4orCo, L.P., d/b✓a Sprint Spectrum Limited Partners C`SSLP"), concerning the
following des =1W property owned, leased or managed by CITY ("property"):
A. SSLP has an interest in the Property for use as tower or antenna site for the receipt
and transmission ofwirdessdons signals, and
H. In order for SSLP to determine the viability and feasibility of the Property as a tower
or antenna site, it is necessary for employees, representatives, agents or independent contractors of
SSLP to enter upon and inspect the Property and/or temporarily locate communications equipment
on the Property to conduct short term radio propagation tests, and to make application with local,
state and federal governmental entities for approval of the Property as a tower or antenna site; and
C. SSLP desires to provide for the entry upon, inspection and/or testing. activities, and
applications concerning the Property pursuant to the terms contained in the Agreement.
NOW, TMMPA inconsideration of the mutual promises, covenants, undertakings,and
other consideration set forth in this en CITY. and SSLP Agreement, agree as follows:
1. Consent: CrrY consorts and agrees that SSLP, its to representatives, employees, repres es, agents
and independent contractors ("Authorized Parties") may enter upon the Property to conduct and
perform some or all of the following activities ("Permitted Activities-), surveys, geoterhnical soil
borings, if applicable, and analyses, phase I environmental audits, boundary surveys, radio
propagation studies, and such other tests and inspections of the Property which SSLP may deem
tnec=my or advisable SSLP agrees to be responsible for any and all costs related to the Permitted
Activities, including installation on the operation and removal of equipment on the Property.
2. Filings: CITY consorts and agrees that the Authorized Parties may make and Bit
a-'eadons on CrrVs behalf to such local, state and federal governmental entities whose approval
SSI1r may consider necessary or advisable to have the Property approved as a tower or antenna site,
indudw& but not limited to, governmental approvals for zoning variances, rezoning applications,
buildung permits and wedand permits. CITY hereby agrees that an executed copy of this Agreement
is as affective as the original. However, if requested by the Authorized Parties, agrees to execute
such other and further documents as may be required by the governmental entity in question to
evidence CITY consent to the action which is proposed to be taken.
• 3. Acres: CrrY agrees that the Authorized Parties may enter upon the Property to
perform the Permitted Activities upon execution of this Agreement and may have access to the
Property 1br up to 1.8 2 5 days
As 4. Removal of Property: SSLP agrees that it will, upon the condusion ofthe term ofthis
Agreement, remove any equipment installed on the Property as a part of the Permitted Activities,
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repair any damage to the Property that might have been caused in correction with any of the
Permitted Activities, and will return the Property to the condition it was in before SSLP's entry onto
the Property: In the event any equipment installed on the Property by SSLP is not timely removed,
CITY will have the right to remove such equipment and SSLP agrees to be responsible for the
reasonable costs of such removal.
S. Indanmty: SSLP agrees to indemnify, save harmless, and deAnd CITY. its owners
or lessors, directors officers, employees, and property management agent, if any, from and against
any and an claims, actions, damages, liability and expanse in connection with personal Wjuny andOor
damage to property arising from or out of any occurrence in, upon or at the Property caused by the
act or omission of the Authorized Parties in conduction the Permitted Activities. Any defense
conducted by SSLP of any such claims, actions, damages, liability and wgxnse will be conducted by
attorneys chosen by SSLP, and SSLP will be liable for the payment of any and an court costs,
expenses of litigation, reasonable attorneys' fees and any judgment that may be entered therein.
6. Insurance: At CITY's request, SSLP agrees to provide a certificate of insurance
evidencing SSLP's insurance coverage.
i. Governing Law: The parties agree that the interpretation and construction of the
Agreement shall be governed by the laws of the state of Florida, without regard to such state's
conflict of laws provisions.
IN WII1 MESS WFMEOF, the parties hereto have executed this Agreement as of the day and
year first above written.
U40rCo, ., d/Wa Sprint S Limited Partners amamc
y
Name: z21.4 4 --cm., L l Nance:
Title: 5,.r O t •
x�
arol A. Evans, CMC, City Clerk
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.3/12/1996 22:06 9542363116
APR 11 197 11:211QM CERTIFICATE GCORD
SPRINT SPECTRUM
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Transmittal
Date: October 2, 2006
To:
Veronika Parjus
Administrative Coordinator
7525 NW 88t" Avenue
Tamarac, FL 33321-2401
From:
Paul Rajkumar
2126 NW 159t' Lane
Pembroke Pines, FL 33028
Item #
Description
Qty
1
Partially executed amendment for Sprint site FL 1679 Tamarac
5
Comments:
Please have executed and return to me at the address above.
Thank You
Exhibit 2
FIRST AMENDMENT TO THE PCS SITE LEASE AGREEMENT BETWEEN
SPRINT SPECTRUM, L.P., AND THE CITY OF TAMARAC
THIS FIRST AMENDMENT to the PCS Site Lease Agreement dated April 9,
1997 between the City 9f Tvnarac and Sprint Spectrum, L.P. is made and entered into
this _VA_ day of , 2006, by and between:
CITY OF TAMARAC, FLORIDA ("CITY"), a municipal corporation
organized and operating pursuant to the laws of the State of Florida; with a
business address of 7525 NW 88`h Avenue, Tamarac, Florida;
and
SPRINT SPECTRUM, L.P. ("TENANT"), a Delaware Limited
Partnership with offices located at 861 S.W. 78'h Avenue, 2nd Floor
Building "B", Plantation, Florida 33324. (CITY and TENANT hereafter
collectively referred to as the "Parties").
WITNESSETH
WHEREAS, on April 9, 1997, the Parties entered into a five (5) year Site Lease
Agreement ("Original Agreement") whereby the TENANT agreed to rent from the CITY
an approximate one thousand (1000) square feet of a parcel of land generally located as
described in Exhibit "A" of the Original Agreement (the "Property"), as well as a non-
exclusive easement for reasonable access thereto; and
WHEREAS, the Parties agree to move and modify the elevation of nine of the
existing antennas generally located on the property from a height of one hundred fifteen
(115) feet to a new height of eighty (80) feet; and
WHEREAS, this First Amendment to the Original Agreement between the
parties reasserts and reaffirms that the Original Agreement that was executed on April 9,
1997; and
WHEREAS, now the parties desire to further modify and amend the Original
Agreement as provided herein.
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 CITY and the TENANT hereby agree to amend the height of
the existing antennas on the Property from one hundred fifteen (115) feet to a new
elevation of eighty (80) feet, as more particularly described in Exhibit "A", attached
hereto.
Exhibit 2
SECTION 3, The Parties agree that to the extent that they are not in conflict with
this Second Amendment, the Original Agreement and the First Amendment to the Original
Agreement shall remain in full force and effect.
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals
the day and year first written above.
CITY:
CITY OF TAMARAC, FLORIDA
IPA
BY:
MAYOR BETH FLANSBAUM-TALABISCO
ATTEST:
MOON-SWENS N, CITY CLERK
APPROVED AS TO FORM:
V TENANT
WITNESSES: Sprint Spec L.P.
BY:'
PRINT NAME:
TITLE:
Print . 7
#d4..Txy�.9.�'
Print Name
CERTIFICATION
O The foregoing instrument was acknowled ed before me on this AY day of
`j 1-ef-amFes, 2006 by rO �aN as ,.-Sprint Spectrum,
L.P., a Delaware Limited Partnership, on behalf of the Partnership. He/she is personally
known to me or has produced 17m Jer-4 Uc.ev)sC as identification.
sk/" -
NOTARY PUBLIC -STATE OF FLORIDA Xotary Pub is
Karen Rajkumar
Comtsiission # DD431623
Exkfi:ey� MM 28, 2009
Bonded iau AdantiC Bonding Co., Inc.
TR#11074
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F,X=rr A
Site Description
Site Name:
Site dWabd im Ow C *f ==w CGwVj ntBraww4 SWO oiiFlo" oommmly deemibod a llom
`r-,7110'7� '
Parcel "A", of TAMARAC MUNICIPAL COMPLEX PLAT, according to the Plat thereo& as
recorded in Plat Book 133, Page 41, of the Public Records of Broward County, Florida.
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