HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-368Temp. Reso # 9616
November 26, 2001
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-368
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
' OFFICIALS TO EXECUTE AN AGREEMENT WITH METROPCS
CALIFORNIA/FLORIDA, INC. FOR THE INSTALLATION OF A
TELECOMMUNICATIONS ANTENNA AND ASSOCIATED
EQUIPMENT ON THE EXISTING TOWER AT THE CITY'S
WATER TREATMENT PLANT PROPERTY; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE ANY PERMIT
APPLICATIONS AS MAY BE REQUIRED ON BEHALF OF THE
CITY AS OWNER OF THE PROPERTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, MetroPCS California/Florida, Inc. requested a lease agreement for the
installation of an antenna and associated equipment on the existing tower at the City's Water
Treatment Plant Property; and
WHEREAS, the proposed agreement is for five (5) years with three (3) automatic five
(5) year extensions thereafter; and
WHEREAS, additional telecommunications antennas in the City will enhance the
quality of wireless telephone reception; and
WHEREAS, the Director of IT 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 interest of the citizens and residents of the City of Tamarac to authorize the appropriate
City Officials to execute an agreement with MetroPCS California/Florida, Inc. for the
installation of a telecommunications antenna on the existing 140 foot tower and associated
equipment at the City's Water Treatment Plant Property.
Temp. Reso # 9616
November 26, 2001
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 authorized to execute an agreement
with MetroPCS California/Florida, Inc. (attached hereto as "Exhibit 1 ") for the installation of a
telecommunications antenna and associated equipment.
SECTION 3: The appropriate City Officials are authorized to execute all permit
applications as may be required, on behalf of the City as Owner of the property.
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repealed to the extent of such conflict.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.
1
1
1
Temp. Reso # 9616
November 26, 2001
Page 3
SECTION 6: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED, AND APPROVED this 12t" day of December, 2001.
ATTEST:
MARION S ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RE661-6)TION as to form.
CITY ATTO-RN
OE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aye.
DIST 1: COMM. PORTNER A !
DIST 2: COMM. MISHKIN A ei
DIST 3: V/M SULTANOF_Aye✓
DIST 4: COMM. ROBERTS A el
,11/zo/4VV1 loco rAA wa
ACORQ CERTIFICATE OF LIABILITY INSURANCE i /28/2 of
PRODUCER (972)419-7500 I=AX (972)419-755S THIS CER IFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Sleeper Sewell & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12222 Merit Dr.. Suite 600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dallas, TX 752S1-3294 INSURERS AFFORDING COVERAGE
INSURED MetrO PCS, InC. INSURER A: St. Paul Mercury Ins. Co. 1
$144 Walnut Hill Lane INSURERB: T.Paul Insurance Company_ t=b
Suite $00 INSURERC:
Dallas, TX 7SZ31 WSURERD:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMtIJ AUUvt rvrt i nc rw+ v
ANY REQUIREENT. TERM ORMAY PERTAIN. THE INSU ANCE ON AFFORDED ED BY THEPOLICIES DESCRIBED HEREIN IS SOF ANY CONTRACT OR OTHER DOCUMENT UBJECT TOEALL THE TT�EIRMS
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
0
T TYPE OF INSURANCE NUMBER IMIDDIYYI
OH�13�2001 OSI13I20O2
GENERAL LIABILITY 0910195E
X COMMERCIAL GENERAL LIABILITY
Fp CLAIMS MADE OCCUR
A
GEML AGGREGATE LIMIT APPLIES PER:
POLICY X PRO- LOC
AUTOMOBILE L1AINUT!
ANY AUTO _
ALL OWNED AUTOS
A SCHEDULED AUTOS
X HIRED AUTOS
X NON -AWNED AUTOS
A
7ES
,E
GARAGE LIABILITY
I ANY AUTO
EXCESS UARLITY
7X OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIASILITIT
OF
BY
1
flcate holder is named as additional insured as respects to general 1
red by written contract.
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER
City of Tamarac
c% Dept. of Information Technology
752S NW ESth Avenue
Tamarac, FL 33321-2401
:Y PERIOD INDICATED. NOTWITHSTANDING
HIS CERTIFICATE MAY BE ISSUED OR
EXCLUSIONS AND CONDITIONS OF SUCH
LIMITS
EACH OCCURRENCE
S 1 000 0
FIRE DAMAGE (Any one fife)
$ ' 50
MED EXP (Any one Person)
$ 10,00
PERSONAL S ADV INJURY
$ 1 00000
GENERAL AGGREGATE
S 2 000 00
PRODUCTS.- COMPIOP AOG
$ 2,000.0
COMBINED SINGLE LIMIT
(Ea soc]4100
$
1 000 0
BODILY INJURY
(Per Won)
$
BODILY INJURY
(Peracddsnt)
$
PROPERTY DAMAGE
(Per awidw t)
AUTO ONLY - EA ACCIDENT
$
$
OTHER THAN EA ACC
AUTO ONLY: AGG
EACH OCCURRENCE
S
$
$ 5 1000 00
AGGREGATE
S 510001000
$
S
X T V UMI S IVI
ER
S
C.L EACH ACCIDENT
$ 1 000 00
E.L. DISEASE - EA EMPLOYEE
$ 1,000,00
EL DISEASE - POLICY LIMIT I $ 1 000 00
lability where
SHOULD ANY OF THE ABOVE DESCRIBED pOLIGES BE CANCELLED BEFORE THE
EXPIRATION DATE T"NREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
_— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OOLIOAM014 OR UAW"TY
OF ANY KIND UPON THE COMPANY, ITS A42EXTS OR REPRESENTATIVES.
Exhibit I
Cell Site:
State: Florida
County: Broward
SITE LEASE AGREEMENT
THIS Lease is dated and entered into on �)ZC • I Z , 2001 ("Execution Date") between The City of Tamarac, a
Florida municipal corporation with principal offices located at 7525 NW 88`h Avenue, Tamarac, FL 33321 ("Landlord"), and
MetroPCS California/Florida, Inc., a Delaware Corporation with principal offices located at 8144 Walnut Hill Lane, Suite
800 Dallas, TX 75231 ("Tenant").
I. Leased,Pronerty and Permitted Uses. 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 --- 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, operation, and maintenance of all improvements thereon (the location of the
Easement is also shown on Exhibit "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, operation, alteration, maintenance, repair, replacement and relocation of related facilities, towers, antennas,
equipment and buildings to provide MetroPCS California/Florida, Inc. 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. Initial Term. The initial term of this Lease shall be 5 years, commencing 30 days after the execution date.
The initial term of this Lease shall expire at Midnight on the day before the 5th anniversary of the Execution Date.
3. Renewal 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-seven Thousand seven Hundred twenty Dollars per year 27 720) ("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 Diligence Period. For 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 Tenant'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
Page 1 of 7
Exhibit I
written notice of termination to Landlord. Thereafter, neither Landlord not Tenant shall have any further obligation or liability
under this Lease except as otherwise provided herein.
6. Interference,
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 Landlord hereby acknowledges that Tenant's use of the Property for Tenant's Permitted Use shall not constitute an
impermissible interference by Tenant. Furthermore, Tenant shall operate the Antenna Facilities in a manner that will not cause
interference to Landlord and other tenants 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 tenant or their equipment,
provided that 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 receipt of notice of such interference from Landlord. If Landlord
terminates this Lease pursuant to this Section, 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 Execution Date, Landlord shall not, and shall not permit its tenants 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, within 60 days, Tenant may terminate this Lease and/or
pursue any other remedies available under this Lease, at law, and/or at equity.
Improvements, Utilities; Access.
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 remains 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 tiled 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.
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.
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 8.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;
Page 2 of 7
Exhibit I
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
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, (ii) 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 continued use would be commercially unreasonable.
Casualty and Condemnation.
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 destruction. 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 shall 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. Insurance and Subrogation. 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 party shall indemnify the other party against any loss or expense, including reasonable attorney's
fees, resulting from the failure to obtain such waiver.
12. Hold Harmless. Tenant shall indemnify 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.
Page 3 of 7
Exhibit I
13. Notices. 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: MetroPCS California/Florida, Inc.
ATTN: Loretta Farley
8144 Walnut Hill Lane Suite 800
Dallas, TX 75231
Legal notices only copy to:
MetroPCS California/Florida, Inc.
1401 NW 136ch Avenue, Suite 304
Sunrise, FL 33323
14, Oulet Enjoyment. Title and Authori1y. 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 signed Subordination, Non -Disturbance and Attornmcnt Agreement in a form acceptable to
Tenant.
15, 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 remcdiation 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 property owned by Landlord.
Tenant agrees that it will not use, generate, store, or dispose of any Hazardous Material on, under, about, or
within the Land in violation of any law or regulation. Landlord represents, warrants, and agrees (1) that neither Landlord nor, to
Landlord's knowledge any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or
disposal of, any Hazardous Material on, under, about, or within the Land in violation of any violation of any law or regulation,
and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on,
Page 4 of 7
Exhibit I
under, about or within the Land in violation of any law or regulation. This paragraph shall survive the termination of this
agreement.
16. Assignment 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
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.
17. Successors and Assigns. 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.
18. 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.
19. Miscellaneous:
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 party 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.
B. 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 "under
this Lease within 30 days after receiving written notice from the other party, the party that delivers such notice may perform such
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 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.
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. Landlord acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit B
will be recorded by Tenant in the official records of the County where the property is located. In the event the Property is
encumbered by mortgage or deed of trust, Landlord agrees to obtain and furnish to Tenant a non -disturbance and attornment
instrument for each such mortgage or deed of trust.
G. Tenant may obtain title insurance on its interest in the Premises. Landlord shall cooperate by
executing documentation required by the title insurance company.
H. 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 GUIDELINES HAVE BEEN
FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON
Page 5 of 7
Exhibit I
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.
20. Tower Marking and Lighting Requirements. Landlord acknowledges that it, and not Tenant, shall be
responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA")
and the FCC. Should Tenant be cited by either the FCC or FAA because the Tower is not in compliance and should Landlord
fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Tenant may terminate this
Agreement immediately on notice to Landlord or proceed to cure the conditions of noncompliance at Landlord's expense, which
amounts may be deducted from the Rent.
21. Governmental Approvals. It is understood that it shall be the Tenant's sole responsibility to obtain, at
Tenant's sole cost and expense, any and all permits, consents and approvals from local, state or federal government authorities as
required by Tenant to construct and operate Tenant Facilities (collectively, the "Governmental Approvals"). Landlord agrees to
cooperate with the Tenant at no cost to the Landlord and to execute such documents reasonably required to obtain the
Government Approvals, with the exception of the approvals required from the City of Tamarac. The making of this Agreement
does not constitute an abrogation of the Landlord's governmental land development regulatory power, and the Tenant's
performance is contingent upon all such development approvals being obtained. Should the City of Tamarac or another
governmental authority agency with jurisdiction not approve any required application for development approval, prerequisite to
the installation or operation of the Tenant Facilities, this Agreement shall automatically become null and void as if the same
never existed and so as to not to be the basis in any respect for a damage claim as a result of such denied development order.
22. Compliance with Laws. Landlord represents that Landlord's property (including the Site), and all
improvements located thereon, are in compliance with building, life/safety, disability, and other laws, codes and regulations of
applicable government authorities. Tenant will comply with all applicable laws relating to its possession and use of the Site.
23. Venue. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force.
The venue for actions arising out of this agreement is fixed in Broward County, Florida.
Remainder of the page intentionally left blank
Page 6 of 7
EXHIBIT "A"
To the Site Lease Agreement dated la Ia 2001 between THE CITY OF TAMARAC, as Landlord, and
MetroPCS California/Florida, Inc., as Tenant.
The Ground Space is a 15X20 area, together with a non-exclusive easement 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
EXHIBIT "B"
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this 12- day of Q� , 2001 by and
between CITY OF TAMARAC, a Florida municipal corporation, with an address at 7525 NW SSth Avenue,
Tamarac, FL 33321-2401 (hereinafter referred to as "Lessor") and MetroPCS California/Florida, Inc., 8144
Walnut Hill Lane, Suite 800 Dallas, TX 75231 (hereinafter referred to as "Lessee"),
Lessor is the owner of a parcel of land located in Broward County, Florida, described in the attached
Exhibit "A" ("Land").
L ssor and Lessee entered into a Communication Site Lease Agreement ("Lease") on the Jo day of
2001 for a portion of the Land ("Premises") together with the non-exclusive right, privilege, and
easement over and across a portion of the Land for access and utility service thereto, described in the
attached Exhibit "A", for the purpose of installing, operating, and maintaining a radio communications
facility and other improvements.
The term of the Lease is for five (5) years commencing on 1.-211,;2 2001, and ending on
,�l 2006 with three (3) successive (5) year options to renew.
Lessor shall not permit itself, its lessees, or licensees, to install new equipment on the Land if such
equipment causes interference with. Lessee's operations.
Nothing contained herein is intended to or does change, modify, or affect, any of the terms or provisions of
the Lease or the rights, duties, obligations, easements, and covenants running with the land created thereby,
all of which remain in full force and effect.
IN WITNESS WHEREOF, the parties have made and executed this Memorandum of Agreement
on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager,
signing by and through JEf:" L • /jig 71CY, Cihj%oth duly authorized to execute
same.
WITNESSES:
LANDLORD:
CITY OF TAMARAC,
a Florida municipal corporation
By:
Na : oe Schreiber
Title. Mayor
Date: L(.0 • 12, :2001
Name: e rey . Miller
Title: City Nknager
Date: _ _ 6 - 12, 2-001
Page 1 of 2
ATTEST:
By: —Q &4:i� �.
Name:. Marion Swenson
Title: City Clerk
Dater
WITNESSES:
'.
'U 'U-�
STATE OF FLORIDA
COUNTY OF BROWARD
LESSEE:
MetroPCS California/Florida, Inc.
By:
4AUJI-.-
Name: W ELL
Title: p bF!-O R 1 0 4
Date: D 1
The foregoing instrument was acknowledged before me this 1 7 day of La e-M2001, by Joe
Schreiber, 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.
7 °
DAWN M. LESNIAKOWSKI
ApY COMMISSION CC962198 NotaryPublic ,(,lgwA/ M L.&S IUIll ti 0WS/e/
STATE bm EXPIRES AUG 20 2004 My commission expires: 2- 20-0-1-
FLOM" NONOW THROUGH
ADYANWH NOTARY
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this l2- day of f7Q-L-7 2,, 2001, by
Jeffrey L, Miller, 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 /U //4 as
identifirntinn
DAWN M. LESNIAKOWSKI
NOVM COMMISSION CC962198
rUMM EXPIRES AUG 20 2004
STATE 60MAP 7MR000M
ACVANTAOE NOTARY
STATE OFT
COUNTY OF
/QW J-X dlllk"('�-P&""'�-'�
NotaryPublic t),gWAIM L NIAhDwS��
My commission expires: S'.2Q
The regoing ins e t was ac ledged before me this tL day of 2001,
by ITLE) of MetroPCS California/Florida, Inc., on behalf of the
%corporation, ho is personally known to me r has produced a as
identification.
KATHERINE J. GREENL Y
MY COMMISSION # CC 981339
:= EXPIRES: December 10, 2004
Notary Public 44u"
My commission expires:
'Deoembec
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