HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-022Temp. Reso # TR 10336
January 21, 2004
Page 1
Revision 1- 2/02/2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004-a.�-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS TO EXECUTE THE SECOND AMENDMENT TO SITE
LEASE AGREEMENT BETWEEN CITY OF TAMARAC AND AT&T
WIRELESS SERVICES OF FLORIDA INC, FOR THE EXPANSION
OF EXISTING FACILITIES TO ACCOMMODATE ADDITIONAL
TELECOMMUNICATIONS EQUIPMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, The City Commission approved the Resolution R-98-274 at its meeting on
September 23, 1998; and
WHEREAS, Resolution R-98-274 approved a Site Lease Agreement and Memorandum
of Agreement with AT&T Wireless Services of Florida, Inc. for the installation of a
telecommunications antenna and associated equipment at Tamarac Fire Station Two
Complex (attached hereto as Exhibit 1); and
WHEREAS, Resolution R-98-357 approved the First Amendment to Site Lease
Agreement between the City of Tamarac and AT&T Wireless Services of Florida, Inc. to
correct a Scrivener's error in the legal description of the lease site at Tamarac Fire Station
Two Complex (attached hereto as Exhibit 2); and
WHEREAS, AT&T Wireless Services of Florida, Inc. requested a Second Amendment
to the current Site Lease Agreement (attached hereto as Exhibit 3); and
WHEREAS, the proposed Second Amendment allows AT&T Wireless Services of
Florida, Inc., to expand the existing facilities by approximately 50 square feet (5'x10') to
accommodate additional telecommunications equipment; and
Temp. Reso # TR 10336
January 21, 2004
Page 2
Revision 1- 2/02/2004
WHEREAS, the Director of IT recommends approval and execution of the Second
Amendment; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the
best interest of the citizens and residents of the City of Tamarac to authorize the appropriate
City Officials to execute the Second Amendment to the existing Site Lease Agreement with
AT&T Wireless Services of Florida, Inc. forthe expansion of existing facilities to accommodate
additional telecommunications equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The appropriate City Officials are authorized to execute the Second
Amendment to the Site Lease Agreement with AT&T Wireless Services of Florida, Inc.
(attached hereto as Exhibit 3) to expand the existing facilities by approximately 50 square feet
(5'x10') to accommodate additional telecommunications equipment.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: 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.
Temp. Reso # TR 10336
January 21, 2004
Page 3
Revision 1- 2/02/2004
SECTION 5: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this 111' day of February, 2004.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCKEILL S. K6
CITY ATTORN
JOE SCHREIBER
Mayor
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISC
DIST 3: COMM. SULTANOF L
DIST 4: V/M ROBERTS
TR# 10336
Exhibit 1 Temp. Reso #8306
September 11, 1998
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-.�?`T1/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH A T & T
WIRELESS SERVICES OF FLORIDA, 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 A T & T Wireless
Services of Florida, 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 A T & T Wireless Services of Florida, Inc. for the
installation of a telecommunications antenna and associated equipment.
Exhibit 1
Temp. Reso #8306
September 11, 1998
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 City authorizes the appropriate City Officials to execute an
agreement with A T & T Wireless Services of Florida, Inc. (attached hereto as "Exhibit I") 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 A T & T Wireless Services of Florida, Inc. space to
accommodate a Climatic Base Station Enclosure with the dimensions of 60"h x 56"w x 36"d
and a 2 feet antenna to be placed on Fire Station II and all access and utility easements, if
any, as described in said agreement (attached hereto as "Exhibit 1")
SECTION 5: The payment to the City is Twelve Thousand ($12,000) 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).
Exhibit 1
Temp. Reso #8306
September 11, 1998
Page 3
SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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,3day of4-t",1 1998.
ATTEST:
J,"e'w�
CAROL GOL MC/AAE
City Clerk
I H EBY CERTIFY that I ha:/to
a p ed this RESOLUTION form.
/MITCHELL S.
City Attorney
8306 reso ATT Wireless Antenna
JOE SCHREIBER
Mayor
RECORD OF COMMISSIOI+VdWE
MAYOR SCHREIBER
DIST 1: COMM.. MCKAYE
DIST 2: V/M MISHKIN
DIST 3: COMM. SULT
DIST 4: COMM. ROBE
Temp Reso #8306
Exhibit 1
Cell site: FL091
State: Florida
County: Broward
STELEASEAGREEMENT
(MICROCELL FACILITY)
THIS SITE LEASE AGREEMENT (this "Lease") is dated and entered into on , 1998, by
and between the CITY OF TAMARAC, a Florida municipal corporation ("Landlord"), and AT&T WIRELESS
SERVICES OF FLORIDA, INC., a Florida corporation ("Tenant").
WIINES.EIli:
WHEREAS, Landlord is the owner of certain land and improvements (collectively, the "Property")
located in the City of Tamarac, County of Broward, State of Florida, having a street address of 4801 W.
Commercial Blvd., Tamarac, Florida 33319, as more particularly depicted on EAWbiLA attached hereto and
incorporated herein; and
WHEREAS, Tenant desires to lease from Landlord and Landlord desires to lease to Tenant a portion
of the Property for the installation and operation of a wireless communications facility, as herein more
particularly set forth.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein and
the sum of TEN AND 00/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, do hereby agree as
follows:
1 • Recitals. The recitations set forth above are true and correct and are incorporated herein
by this reference.
2. S.M. Landlord hereby leases to Tenant that portion of
the Property identified on Exh'tyt, attached hereto and incorporated herein (the "Premises"). The Premises
may be used by Tenant for the installation and operation of a wireless communications facility to provide AT&T
wireless telecommunication services, which communications facility may include radio and other
communications transmitting and receiving antennae, supporting mounts and cables, equipment storage
structures and other improvements relating thereto, all as more particularly depicted on E& it A attached
hereto and incorporated herein (the "Communications Facility"). Following the full execution of this Lease and
through the "Commencement Date" (as hereinafter defined), Tenant and its 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 Premises for Tenant's intended
use, all at Tenant's expense. Landlord shall cooperate with Tenant, at no cost to Landlord, in obtaining any
applicable governmental permits and approvals, and, upon request from Tenant, shall execute any
applications or other documentation in connection with same. Tenant shall not be liable to Landlord or any
third parry 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 inspections.
3• Tern]. The initial term of this Lease shall be 5 years ("Initial Term"), commencing on the
earlier of (i) the date Tenant notifies Landlord that it has received all governmental and/or quasi -governmental
approvals required to install and operate its Communications Facility, or (ii) January 28, 1999 (such earlier
date being the "Commencement Date"). This Lease shall thereafter automatically renew for successive terms
of 1 year each unless and until Landlord or Tenant should terminate this Lease by delivery of written notice
thereof to the other party at least 60 days prior to the expiration of the Initial Term, or then current renewal
term as applicable. It is understood, however, that Tenant in its sole discretion and for any reason whatsoever
(and without incurring further liability to Landlord), may terminate this Lease by written notice to Landlord at
any time prior to the Commencement Date. Notwithstanding any provision herein to the contrary, Landlord
or Tenant may terminate this Lease at any time during the term hereof, without incurring further penalty or
liability, by delivery of 120 days prior written notice of such election to terminate to the other party.
4. BeM. Within thirty (30) days of the Commencement Date, Tenant shall pay to Landlord as
rent Twelve Thousand Dollars ($12,000.00) per year ("Rent"), together with any sales tax owing on any such
Rent payment. Rent shall be payable within 30 days following each anniversary of the Commencement Date
during the term (each such anniversary being referred to as an "Anniversary Date") to Landlord at City of
Tamarac, 7525 NW 88'" Avenue, Tamarac, Florida 33321-2401, Attention: Finance Department, though
Tenant shall not be in default hereunder unless Tenant fails to make any such payment within 15 days
following written notice from Landlord to Tenant that such payment is owing. Landlord will provide the
requisite information for Tenant to pay Rent by direct deposit to Landlord's bank. On each Anniversary Date,
Rent shall be increased to 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 Ren* shall be prorated as of the date of termination, and in the
event of termination for any reason other than non-payment of Rent, all prepaid Rent shall be promptly
refunded to Tenant.
Temp Reso #8306
Exhibit 1
5. kdall sar&
A. Tenant acknowledges that Landlord operates the Property as a fire station.
Accordingly, Tenant shall not use the Property in any way which would disrupt Landlord's operations,
including, but not limited to, the ingress and egress of fire or rescue vehicles, equipment and personnel
operating in the normal and emergency functions of the Fire Rescue Department. Such violation of this
provision and of Section 6.D of this Lease may be grounds for immediate termination of this Lease by Landlord
if Landlord finds termination to be in the best interest of the health, safety and welfare of the citizens of
Tamarac, or if time to remove the interference is given by Landlord and the interference is not corrected within
the amount of time specified. Furthermore, Tenant shall operate the Communications Facility in a manner
that will not cause interference to Landlord and other lessees or licensees of the Property, provided that their
installations predate that of Tenant's facilities, Landlord shall be able to terminate this Lease if Tenant's
Communications Facility 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
Commencement 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
paragraph, Tenant shall remove immediately its equipment from the Property. All operations by Tenant shall
be in compliance with all Federal Communications Commission requirements.
B. Subsequent to the Commencement 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 the Communications Facility provided that the space of the equipment and
the space occupied remains the same or less. Tenant shall further have the right to install and operate such
conduits and cables in other portions of the Property as Tenant may reasonably require to link or connect
portions of the Communications Facility. All work by Tenant shall be performed in compliance with applicable
laws and ordinances. Landlord, at no cost to Landlord, shall cooperate with Tenant in obtaining such
governmental or quasi -governmental permits or approvals required by Tenant to construct and operate the
Communications Facility and Landlord shall execute such documents, forms and/or applications required by
Tenant in connection with same.
B, Tenant shall, at Tenant's expense, keep and maintain the Premises in commercially
reasonable condition and repair during the term of this Lease. The Communications Facility shall remain the
exclusive property of Tenant (and Landlord hereby waives any lien rights, whether statutory or otherwise, it
may have therein), and Tenant shall have the right to remove all or any portion of the Communications Facility
at any time during the term of this Lease. Within a reasonable period following the termination of this Lease,
Tenant shall remove the Communications Facility and shall return the Premises to Landlord in visibly the
condition existing as of the date of full execution of this Lease, reasonable wear and tear excepted.
C. Tenant shall have the right, at Tenant's expense, to install or improve any and all
utilities within the Property serving the Premises as required by Tenant to operate the Communications Facility
(including, but not limited to, electric and telephone facilities), and Landlord shall cooperate with Tenant and
shall execute all documents required by Tenant in connection with same. Tenant shall cause the utilities
servicing the Communications Facility to be separately metered-
D. Landlord shall provide Tenant with 24 hour, 7-day per week access to the Premises
for the installation, maintenance and operation of the Communications Facility and any utilities serving the
Premises. While on the Premises, Tenant shall place its vehicles in the designated parking areas of the fire
station and away from the fire station bay doors.
E. Nothing herein shall be construed as a waiver of Landlord's right to make
improvements or additions to the fire station.
7. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such
taxes attributable to, the Communications Facility.
Landlord's Federal Tax ID # is 59-1039552
8• . 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.
FL-91 (site lease)
Temp REso #8306
Exhibit 1
9. Not1:Ss. All notices, requests, demands and other communications hereunder shall be in
writing and shall be deemed given upon receipt, if personally delivered or mailed, certified mail, return receipt
requested, or sent by overnight carrier to the following addresses:
To Landlord at:
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
Attn: City Manager
To Tenant at:
AT&T Wireless Services of Florida, Inc.
3405 Forest Hill Boulevard
West Palm Beach, Florida 33406
Attn: Property Manager
With a copy to:
AT&T Wireless Services of Florida, Inc.
11760 North U.S. Highway 1
West Tower, Third Floor
North Palm Beach, Florida 33408
Attn: Southeast Region Legal Department
With a copy to:
AT&T Wireless Services of Florida, Inc.
11760 North U.S. Highway 1
West Tower, Third Floor
North Palm Beach, Florida 33408
Attn: Accounts Payable Department
10. OU121 EninYmenL Jille and Authaft. 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 and the Property is free and clear of any
encumbrances that will interfere with Tenant's use or operation of the Communications Facility; (iii) to
Landlord's actual knowledge, as of the date of full execution of this lease, the Property is free from any
hazardous or toxic waste or substance (including, without limitation, asbestos or petroleum products)
prohibited or regulated by any local, state or federal governmental laws, rules or regulations; and (iv) Tenant
shall have the quiet and peaceable use and enjoyment of the Premises during the term hereof.
11. Assionment and Subleasing. 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 many not otherwise assign this Lease
without Landlord's consent, which consent shall not be unreasonably withheld or delayed. Tenant may not
sublease the Premises. 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.
Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in Tenant's
leasehold estate under this Lease and the Communications Facilities, and may assign this Lease and the
Communications Facilities to any such mortgagees or holders of security interests including their successors
or assigns (hereinafter collectively referred to as "Mortgagees"), provided such Mortgagees agree to be bound
by the terms and provisions of this Lease. In such event, Landlord shall execute such consent to leasehold
financing as may reasonably be required by Mortgagees. Landlord agrees simultaneously to notify in writing
Tenant and a Mortgagee of Tenant having first priority as to Tenant's leasehold interest and which has
requested notice from Landlord of any default by Tenant and to give such Mortgagee the same right to cure
any default as Tenant, except that the cure period for such Mortgagee shall not be less than ten (10) days
after receipt of the default notice.
12. Miscellaneous_
A. 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.
B. This Lease shall be construed in accordance with the laws the State of Florida. In
the event of any litigation arising hereunder, the prevailing party shall be entitled to recover from the non -
prevailing party its reasonable attorneys' fees and court costs, through appeal.
C. This Lease constitutes the entire agreement and understanding of the parties and
supersedes all prior offers, negotiations and other agreements. Any amendment to this Lease must be in
writing and executed by both parties.
D. This Lease shall run with the Property and shall inure to the benefit of and be binding
upon the parties and their respective successors and assigns.
FL-9i (site lease)
Temp Reso #8306
Exhibit 1
E. The parties acknowledge that a substantial portion of negotiations and anticipated
performance and execution of this Lease occurred or shall occur in the State of Florida. Any civil action or
legal proceeding arising out of or 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.
F. In accordance with Florida law, the following notice is hereby given to Tenant:
"RADON G,A,S: 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 GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION
REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC
HEALTH UNIT."
IN WITNESS WHEREOF, the parties hereby enter into this Lease as of the date first stated above.
City of Tamarac, through its Mayor and City Manager, signing by and through each duly authorized to execute
same.
WITNESSES:
�" 0 5 Ei✓�o.�
LyNj ('_ Tx'qum'`Fn.)
LANDLORD:
CITY OF TAMARAC,
a Florida municipal corporation
By.
Name: oe Schreiber
T; e: Mayor
Name: Robert S. Noe, Jr.
Title: City Manager
ATTEST:
By:
Name: Carol Gol
Title: City Clerk
A R VED AS TO F RM A)16 LEGAL
U FI IENCY:
By:
Name: Mitchell S. Kraft
Title: City Attorney
AT&T WI CE9 - S ES OF FLORIDA,
IN on tien `
B
e: EWicePr,,,det
itle: 'enEastern Area
FL-91 (site lease)
Temp Reso #8306
Exhibit 1
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this - day of &, 1998, by
Joe SChrieber, the Mayor of the City of Tamarac, a Florida municipal corporation, on behalf of the City of
Tamarac, who is personally known to me or who has produced a as identification.
r2,=
Public
xpt9 F.,u.ti1� F\5q\r,NTF OF FLORIDASTATE OF FLORIDA\0 (Y:r,O;ZI;Fin DFC' t ,?INrO
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this / day of r/� , 1998, by
Robert S. Noe, Jr., the City Manager, of the City of Tamarac, a Florida municipal corporation, on behalf of the
City of Tamarac, who is personally known to me or who has produced a as
identification.
STATE OF fOeril
COUNTY OF _QAi,
1998,
Florid
Notary Public 1 .
My
U
OF
NOTARY 1'L;itl.!C 4TArE OF FI 0RIDA
a
The foregoing instrument was acknowledged before me this TM day of 5> P7f,h 0aiz-
by Emilio Echave, Senior Vice President Eastern Area of ATBT Wireless Services of Florida. Inc., a
corporation, on behalf of the corporation, who is erson I known to me or has produced a
as identification.
w'.
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! 4 -IMYON # CC629237IXPIRFS
'•��-` May20,2001
c: n4:••' ".Wo THAU TRW FAIN INSURANCE, INC.
l•
Wiry Public
My commission expires:rn4/ac,.2O; r
FL-91 (site Ywp)
Temp Reso #8306
Exhibit 1
EXHIBIT "A"
To the Site Lease Agreement dated _ 9-,Wl , 1998, by and between CITY OF
TAMARAC, a Florida municipal corporation, as Landlord, and AT&T WIRELESS
SERVICES OF FLORIDA, INC., a Florida corporation, as Tenant.
The land is described and/or depicted as follows:
A portion of Section 13, Township 49 South, Range 41 East, of FORT
LAUDERDALE TRUCK FARMS SUBDIVISION, as recorded in Plat Book
4, Page 31 of the Public Records of Broward County, Florida being more
particularly described as follows:
Commencing at the Northeast corner of Tract 8 of said Section 13,
thence S. 00 12'12" E., a distance of 454,07 feet; thence N. 89 15'42"
W. a distance of 937.47 feet to the Point of Beginning of this description;
thence continue N. 89 1542" W., a distance of 640.79 feet; thence N. 38
33'14" W., a distance of 107,31 feet; thence N. 51 26-46" E., a distance of
30,50 feet; thence N. 38 3314" W., a distance of 40.0 feet; thence 51
26'46" E., a distance of 171.15 feet to the Point of Curvature of a circular
curve to the right; thence Northerly and Easterly, along the arc of said
curve having a radius of 916.75 feet, an arc distance of 299.58 feet;
thence S. 38 3314" E., a distance of 504.60 feet to the Point of
Beginning.
Said lands situate, lying and being in Broward County, Florida.
Containing 3,851 acres, more or less.
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Temp Reso #8306
Exhibit 1
PREPARED BY AND RETURN TO:
Lawrence J. Diamond, Esquire
ACKERMAN. LINK & SARTORY, P.A.
222 Lakeview Avenue, Suite 1330
West Palm Beach, FL 33401
Call Site: FLO91
State: Florida
County: Broward
THIS Memorandum of Lease is made and entered into this 2 day of �= 1998, by
and between the CITY OF TAMARAC, a Florida municipal corporation ("Landlord"), na A & WIRELESS
SERVICES OF FLORIDA, INC., a Florida corporation ("Tenant"),
WITNESSETH:
WHEREAS, Landlord is leasing to Tenant certain real property pursuant to that certain Site Lease
Agreement dated �� 011 1998 (the "Lease"); and
WHEREAS, the parties desire to enter into this Memorandum of Lease for the purpose of setting forth
certain terms and conditions of the Lease.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as
follows:
1. The parties acknowledge and agree that Landlord is leasing to Tenant a portion of the
property, more particularly described in Exhibit A.
2. The term of the Lease is for a period of 5 years and allows Tenant to renew the Lease for
successive terms of 1 year each.
3. This Memorandum of Lease does not contain all of the terms and conditions of the Lease and
reference should be made to the unrecorded Lease. In the event of a conflict between the provisions of this
Memorandum of Lease and the provisions of the unrecorded Lease, the provisions of the Lease shall control.
4. Tenant shall keep the property described in Exhibit A free from any liens arising out of any
work performed, materials furnished or obligations incurred by or on behalf of Tenant.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease on the day
and year last signed by all parties.
WITNESSES:
LANDLORD:
CITY OF TAMARAC,
a Florid unicipal orporation
By: . Joe Sc7eibeJoe Schreiber
Titl ay_j
�... ) \I
13y:
Name: Robert S. Noe, Jr.
Title: City Manager
ATTEST:
gy.
Name: Carol Gold
Title: CityClerk
Address: 7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
G.\CLIENTSUT&TWS1Gen.Real Esute\FL9I.WTLC-MemoLeme,wN
Temp Reso #1
Exhibit 1
APP V D
SU 5 TO FORM ND LEGAL
FI I C •
ame: i chell S. Kraft
City Attorney
TENANT:
AT&T-1
IN „
kIe,.:
Address
STATE OF FLORIDA
COUNTY OF BROWARD
OF FLORIDA,
President Eastern Area
3405 Forest Hill Boulevard
West Palm Beach, Florida 33406
The foregoing instrument was acknowledged before me this —J— day of �_, 1998, by
Joe Schrieber, the Mayor of the City of Tamarac, a Florida municipal corporation, on behalf of the City of
Tamarac, who is rsonall known to me or who has produced a as identification.
Not"'IAL \07ARYSEAL
My c1\707)TARY
e PMWF\So.
RLIC STATE OF FLORIDA
STATE OF FLORIDA IS510\ \O CC603215
COUNTY OF BROWARD hSIO\ xr. DFC uaoon
The foregoing instrument was acknowledged before me this _� day of �, 1998, by
Robert S. Noe, Jr., the City Manager, of the City of Tamarac, a Florida municipal corporation, on behalf of the
City of Tamarac, who is personally known to me or who has produced a as
identification.
Notary Public
My com
HARI(1\ tiWF\SO\
STATE OF Uf 11 D4 WTAIiY I'1:141.;C ST ATF.OF [ LORIDA
ll)\t \1i4ti1CT1 \(1 (•(.(•Q.IzIS
COUNTY OF lYr1 >+, ry;{��,IATI • r : sl nrC ls,zer•�
The foregoing instrument was acknowledged before me this % day of SbPs m
1998, by Emilio Echave, Senior Vice President Eastern Area of ATBT Wireless Services of Florida, Inc., a
Florida corporation, on behalf of the corporation, who is erson"'II known to me or has produced a
as identification.
`RF Lynn C. Trauman
`:',.t `�•�," My COMMISSION # CC629237 EXPIRES
�i"ned• May 20, 2001 Nota Public
f,p!;:;;••' 50NtX0 THRU TROY FAIN INSURANCE, IMO, My commission expires: MAI o2 Vy go()I
G'\CLIENTSAATRTWWtn.Rea1 Fjla9*lfL91M1TLC-Me=Lea .wpd
Temp Reso #8306
Exhibit 1
To the Memorandum of Lease Agreement dated _ Q.� , 1998, by and between
CITY OF TAMARAC, a Florida municipal corporation, as Landlord, and AT&T WIRELESS
SERVICES OF FLORIDA, INC., a Florida corporation, as Tenant.
The land is described and/or depicted as follows:
A portion of Section 13, Township 49 South, Range 41 East, of FORT
LAUDERDALE TRUCK FARMS SUBDIVISION, as recorded in Plat Book
4, Page 31 of the Public Records of Broward County, Florida being more
particularly described as follows:
Commencing at the Northeast corner of Tract 8 of said Section 13; thence
S. 00°12'12" E., a distance of 454.07 feet; thence N. 89015'42" W. a
distance of 937.47 feet to the Point of Beginning of this description; thence
continue N. 89°15'42" W., a distance of 640.79 feet; thence N. 38°33'14"
W., a distance of 107.31 feet; thence N. 51 °26'46" E., a distance of 30.50
feet; thence N. 38°33'14" W., a distance of 40.0 feet; thence 51 °26'46" E.,
a distance of 171.15 feet to the Point of Curvature of a circular curve to the
right; thence Northerly and Easterly, along the arc of said curve having a
radius of 916.75 feet, an are distance of 299.58 feet; thence S. 38°33'14"
E., a distance of 504,60 feet to the Point of Beginning.
Said lands situate, lying and being in Broward County, Florida
Containing 3.851 acres, more or less.
TR# 10336
Exhibit 2
Temp. Reso #8475
December 2, 1998
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98- 26-7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AMENDMENT TO THE
AGREEMENT WITH A T & T WIRELESS SERVICES OF
FLORIDA, INC. TO CORRECT A SCRIVENER'S ERROR IN THE
LEGAL DESCRIPTION OF THE LEASE SITE AT FIRE STATION
II; PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission approved the Resolution R-98-274 authorizing the
lease of property to A T & T Wireless Services of Florida, Inc. for the installation of a microcell
antenna at Fire Station II; and
WHEREAS, the lease agreement contained incorrect legal description of the leased
property due to scrivener's error; and
WHEREAS, it is the City Manager's recommendation to execute the amendment to the
lease 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 amendment to the lease agreement with A T & T Wireless
Services of Florida, Inc. for the correction of a scrivener's error contained in the legal
description of the leased property.
I
Exhibit 2
Temp. Reso #8475
December 2, 1998
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 City authorizes the appropriate City Officials to execute an
amendment to the agreement with A T & T Wireless Services of Florida, Inc. (attached hereto
as "Exhibit 1 ") for the correction of a scriveners error contained in the legal description of the
leased property.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and
adoption.
Exhibit 2
Temp. Reso #8475
December 2, 1998
Page 3
PASSED, ADOPTED AND APPROVED this 94ay of rfcr��.G'[�1998.
ATTEST:
CAROL GOLD, CMC/AAI�i'
City Clerk
I HEREBY CERTIFY that I have
a�roved this RESOLUTION as to form.
r MITC ELL S. KRAFT'`
City Attorney
8475 reso ATT Wireless Antenna Amendment
./01
.W ti:
r
Mayor
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER ! ti
DIST 1: COK'A McKAYE
DIST 2: _ V/M MISHKIN
DIST 3: COMM. SULTANOF
COMM. ROBERTS
DIST 4:
Temp Heso 08475
Exhibit 2 Exhibit 1
Call site: FL-091
State: Florida
County: Slog rd
FlasT AMENr1MEba To,saF LEASE AGREEMENT
(MICROCELL FACILITY)
THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT ("Amandment-) is dated as of
Z 1 qJ _ 1998. between the CITY OF TAMARAC. a Florida municipal corporation
Cl'), and AT&T WIRELESS SERVICES OF FLORIDA. INC., a Florida corporation
Prdlminary Statrament:
Whereas. Landlord and Tenant entered into a Site Lease Agreement (Microcell Facility) dated
September 24. 1998 (the
Whersas, the Lease contained an improper legal description due to scriveners error;
Whereas. Landlord and Tenant have agreed to amend the Lease to insert the correct legal
description in accordance with this Amendment.
Now, therefore, in consideration of the sum of Ten and No1100 Dollars ($10.00), and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and
Tenant hereby agree as follows:
Sacdon I. Exhibit A attached to the Lease is hereby deleted and shall be replaced in its entirety
by Exhibit A attached to this Amendment.
Sualloa2• As modified by this Amendment, all terms of the Lease are hereby ratified and
confirmed in all respects and shall remain in full force and effect for the remainder of the term of the
Leans.
THIS AMENDMENT has been executed and delivered by Landlord and Tenant as of the date set
forth above.
WITNFSSEC: LANDLORD:
CITY OF TAMARAC, a Florida municipal
P 'ft Name: z;joj l; [ f f ITS corpora G
By.
Na Joe Schreiber
Pnn�ame: � Titl ayorr 1{�I
rv�_Jr. --
Name: Robert S.
Print I)�eme: _'^' c wu� r� Title: City Manager
ATTEST:
Print me: n%c (, By: r
Name: Carol Gold '
Title: City Clerk
APPRMfEjD AS TO FORM AND L
Sll FIC CY:
anon: I S. Krsft
is: City Attumey
WrTNFSSFS: TENANT:
p r L7 AT&T S'S &WCC�S OF
`Pn Name: a 's(' aN 0ior Vice President Eastern Area
4 W]. WOUrarawa ..am 60~1.0twv.r ^w.www is ar U*W'W ""
Temp Reso #6475
Exhibit: 1
Exhibit 2
To the Site Lease Agreement dated September 24. 1998, by and between CITY OF
TAMARAC. a Florida municipal corporation, as Landlord, and AT&T WIRELESS
SERVICES OF FLORIDA, INC., a Florida corporation, as Tenant.
The land is described and/or depicted as follows:
A portion of Tracts 2 and 7 in Section 13, Township 49 South. Range 41
East, of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, as
recorded in Plat Book 4, Page 31 of the Public Records of Broward
County, Florida, being more particularly described as follows:
Commencing at the Northeast comer of said Tract 7, thence N-0" 11' 59'
West, along the East Una thereof, 49.46 feet to a point: thence N-89. 15'
42" W, 462.70 feet to a point, thence S-28` 58'21" W. 166.87 feet to the
Point of Beginning of this description: thence S-38' 33' 14" E. 200.00 feet
to a Point,thence N-51. 26' 46" E. 200.00 feet to a point. thence N-38 '
33' 14' W. 200.00 feet to a point-, thence S-51" 26' 46' W. 200.00 feet to
the Point of Beginning;
LESS AND EXCEPT that portion of Tract 7 of said property taken in
Eminent Domain proceedings by Broward County under an Order of
Taking entered on December 20, 1977, In Case No. 77-18205-J Miller, in
the Circuit Court of the 17th Judicial Circuit in and for Broward County,
Florida, described as follows:
BEGINNING at the most Westerly comer of Parcel "A." LEADERSHIP OF
TAMARAC. PHASE I, as recorded in Plat Book 76, Page 35. of the Public
Records of Broward County, Florida:
THENCE on an assumed bearing North 51'26'46' East along the
boundary line of said Parcel "A' that is perpendicular to Commercial
Boulevard, a distance of 20.50 feet:
THENCE South 38"13'14" East a distance of 113.38 feet;
THENCE South 27'4644' East a distance of 88.17 feet. to a point of a
boundary line of said Parcel "A";
THENCE South 51.2646" West along said boundary line a distance of
4.02 feet;
THENCE North 38"33'14` West a distance of 200.00 feet to the POINT
OF BEGINNING: containing 3,386 square feet. more or less:
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Cell Site # FL91, Inverrary
Market: South Florida TR # 10336
Address: 4801 W. Commercial Blvd. Exhibit 3
SECOND AMENDMENT TO SITE LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE ("Amendment") dated as of the dates below, is by
and between CITY OF TAMARAC, with an office at 7525 NW 88TH ST, TAMARAC, FL
(hereinafter referred to as "Landlord") and AT&T WIRELESS SERVICES OF FLORIDA INC. A
FLORIDA CORPORATION, d/b/a AT&T WIRELESS, having a mailing address at 2729 Prospect Park
Drive, Rancho Cordova, California 95670 (hereinafter referred to as "Tenant").
WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated 9/24/98 whereby
Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located
at 4801 W. Commercial Blvd., Tamarac, Florida ("Lease"); and
and WHEREAS, Landlord and Tenant desire to amend the Lease to increase the size of the Premises;
WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications
to the Lease contained herein; and
WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice address; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth
below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree
as follows:
1. Premises. Landlord agrees to increase the size of the Premises by approximately 50 square feet
(5'x10') to accommodate additional cabinets and additional antennas. Upon the execution of this
amendment, Landlord leases to Tenant the Premises as described on Exhibit A, attached hereto.
2. Rent. Effective upon commencement of construction, rent shall be increased by $600.00 per
month, subject to adjustments as provided in the Lease. Upon Tenant's vacation of additional
space, Rent will revert to the original rate, subject to adjustments as provided in the Lease, upon
thirty (30) days' prior written notice to Landlord.
3. Notices. Section 9 of the Lease is hereby amended as follows:
NOTICES. All notices, requests, demands and communications hereunder will be given by first
class certified or registered mail, return receipt requested, or by a nationally recognized overnight
courier, postage prepaid, to be effective when properly sent and received, refused or returned
undelivered. Notice will be addressed to the parties as follows. As to Tenant, AT&T Wireless,
Attn.: Lease Management Department, 2729 Prospect Park Drive, Rancho Cordova, CA 95670, Re:
Cell Site Name: Inverrary, Cell Site # FL91; with a copy to AT&T Wireless, Attn.: Legal
Department; Re: Cell Site Name: Inverrary, Cell Site # FL91; at 150 Mt Airy Rd., Basking Ridge, NJ
Page 1 of2
Cell Site tt FL91, Inverrary
Market: South Florida
Address: 4801 W. Commercial Blvd. Exhibit 3
07920 and as to Landlord, CITY OF TAMARAC 7525 NW 88TH AVENUE, TAMARAC, FL
33321. Either party hereto may change the place for giving notice with thirty (30) days prior written
notice to the other as provided herein.
4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease
and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in
this Amendment, the Lease otherwise is unmodified, remains in full force and effect and is
incorporated and restated herein as if fully set forth at length. Each reference in the Lease to
itself shall be deemed also to refer to this Amendment.
5. Capitalized Terms. All capitalized terms used herein shall have the same meaning as defined in
the Lease.
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to
execute and seal this Amendment on the dates set forth below.
ATTEST:
Marion Swenson, CMC, City Clerk
Date:
ATTEST:
Corporate Secretary
Type/Print Name of Corporate Secretary
(CORPORATE SEAL)
LANDLORD:
Joe Schreiber, Mayor
Date:
Jeffrey L. Miller, City Manager
Date:
Approved as to form and legal
sufficiency:
Mitchell S. Kraft, City Attorney
TENANT:
AT&T WIRELESS SERVICES OF FLORIDA INC.
A Florida Corporation,
d/b/a AT&T Wireless
VP/General Manager
Type/Print Name
Date:
Page 2 of 2
Exhibit 3
Exhibit A
DESCRIPTION OF ,PREMISES
To the Amendment dated February 11, 2004, by and between CITY OF TAMARAC, as landlord,
and AT&T Wireless Services of Florida, Inc. a Florida Corporation, as Tenant.
The Premises are described and/or depicted as follows:
FA
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MACTEC I AT&T snew.re•mu�r .. .M ._.. t a . e. ...e.e...�e�.�r.�
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the
applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities,
including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are
illustrative only. Actual types, numbers and mounting positions may vary from what is showed
above.
Cell Site # FL91, Inverrary
Market: South Florida
Address: 4801 W. Commercial Blvd.
SECOND AMENDMENT TO SITE LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE ("Amendment") dated as of the dates below, is by and between
CITY OF TAMARAC, with an office at 7525 NW 88TH ST, TAMARAC, FL (hereinafter referred to as
"Landlord") and AT&T WIRELESS SERVICES OF FLORIDA, INC., A FLORIDA CORPORATION, d/b/a
AT&T WIRELESS, having a mailing address P. O. Box 2088, Rancho Cordova, California 95741-2088 (hereinafter
referred to as "Tenant").
WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated September 24, 1998 whereby
Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 4801 W.
Commercial Blvd., Tamarac, Florida ("Lease"); and
WHEREAS, Landlord and Tenant desire to amend the Lease to increase the size of the Premises;
and
WHEREAS, Landlord and Tenant desire to adjust the rent in conjunction with the modifications to the Lease
contained herein; and
WHEREAS, Landlord and Tenant desire to amend the Lease to modify the notice address; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below
accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows.
1. Premises. Landlord agrees to increase the size of the Premises by approximately 50 square feet (5'x]0') to
accommodate additional cabinets and additional antennas. Upon the execution of this amendment, Landlord
leases to Tenant the Premises as described on.Exhibit I- ^, attached herctorExhibit 1-A hereby supplements the
Exhibits to the Lease.
2. Rent. Effective upon commencement of construction, rent shall be increased by $600.00 per month, subject to
adjustments as provided in the Lease. Upon Tenant's vacation of additional space, Rent will revert to the
original rate, subject to adjustments as provided in the Lease, upon thirty (30) days' prior written notice to
Landlord.
3. Notices. Section 9 of the Lease is hereby amended as follows:
NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or
registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be
effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties as
follows. As to Tenant, AT&T Wireless Lease Management, P. O. Box 2088, Rancho Cordova, CA 95741-2088, Re:
Cell Site Name: Inverrary, Cell Site # FL91; with a copy to AT&T Wireless, Attn.: Legal Department; Re: Cell Site
Name: Invenrary, Cell Site # FL91; at 150 Mt Airy Rd., Basking Ridge, 07920 and as to Landlord, CITY OF
TAMARAC 7525 NW 88TH AVENUE, TAMARAC, FL 33321. Either party hereto may change the
place for giving notice with thirty (30) days prior written notice to the other as provided herein.
Page 1 of 2
Cell Site # FL91, Inverrary
Market: South Florida
Address: 4801 W. Commercial Blvd.
4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this
Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the
Lease otherwise is unmodified, remains in full force and effect and is incorporated and restated herein as if
fully set forth at length. Each reference in the Lease to itself shall be deemed also to refer to this Amendment.
5. Capitalized Terms. All capitalized terms used herein shall have the same meaning as defined in the Lease.
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and
seal this Amendment on the dates set forth below.
LANDLORD:
CITY OF TAMARAC
)oe Schreiber, Mayor
Date:
ATTEST:
Je . Mffler, City Manager
Date:
Marion Sw;n on, CMC, City Clerk
Date: q prov 'to d leg ufficiency:
Mitchell S. aft, 6-6 Aftney
TENANT:
ATTEST: AT&T WIRELESS SERVICES OF FLORIDA, INC.,
a Flo ida Corporation, d/b/a AT&T Wireless
Corporate Secretary
Type/Print Name
Type/Print Name of Corporate Secretary
(CORPORATE SEAL)
Date: �t7 O y
Page 2 of 2
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