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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-014Temp. Reso #8510 January 6, 1999 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- 141 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 CONSTRUCTION OF A 140 FEET MONOPOLE TOWER AT THE CITY'S WATER TREATMENT PLANT PROPERTY AND 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 construction of a 140 feet monopole tower and 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 City would also relocate its radio communication antenna to the new monopole tower; and WHEREAS; the tower is designed to accommodate one additional carrier; and WHEREAS, the Director of MIS and Assistant City 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 construction of a 140 feet monopole tower and installation of a telecommunications antenna and associated equipment. Temp. Reso #8510 January 6, 1999 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 1 ") for the construction of a monopole tower and 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 140 feet monopole tower, associated antenna, equipment and all access and utility easements at the City's Water Treatment Plant Property as described in said agreement (attached hereto as "Exhibit 1 "). SECTION 5: The payment to the City is Twenty Four Thousand ($24,000) 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). 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. 1 1-1 1 Temp. Reso #8510 January 6, 1999 Page 3 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this/,5 day o , 1999. ATTEST: do�a'6�1 CAROL GOLD, MC/AAE City Clerk I HEREBY CERTIFY that I hav pro b'� this AESOWTIO as to form. City Attorney JOE SCHREIBER Mayor RECORD OF COMMISS MAYOR SCHREIBER DIST II: COMM. McKAYE DIST 2: VIM MISHKIN DIST 3: COMM. SUI_TANOF DIST 4: COMM. ROBERTS 8510 reso ATT Wireless Antenna WTP PREPARED BY AND RETURN TO: C: �J • Lawrence J. Diamond, Esquire ACKERMAN, LINK & SARTORY, P.A. 222 Lakeview Avenue, Suite 1330 West Palm Beach. FL 33401 Cell Site: FL-073 State: Florida County: Broward 16 THIS Memorandum of Lease is made and entered into this )24-y of 1991by and between THE CITY OF TAMARAC, a Florida municipal corporation ("Landlord , and AT&T14VIRELESS SERVICES OF FLORIDA. INC., a Florida corporation ('Tenant") WIT NESSETH: WHEREAS, Landlord is leasing to Tenant certain real property pursuant to that certain Site Lease Agreement dated the date hereof (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, commencing on the date hereof, and allows Tenant to renew the Lease for 3 successive terms of 5 years 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 Florida municipal corporation By: �7 Nam Joe Schreiber yor : � . ss. Name: Robert S. Noe, Jr. Title: City Manager ATTEST: By: Name: Carol Gold (17 Title: City Clerk Address: 7525 N.W. 88th Avenue Tamarac. FL 33321-2401 (�"1%rvr. C'. ,��Gar,,.,-. GYNn) C�. r,P/lu�►!nl cltW A.d'�� STATE OF FLORIDA COUNTY OF BROWARD TO FORM AND LEGAL/ tcVell S. Kraft Attorney TENANT: AT&T WIRELESS SERVICES OF FLORIDA, INC., a r By e. o ha tle: Senior V e President Eastem Area Address: 3405 Forest Hill Boulevard West Palm Beach, FL 33406 The foregoing instrument was acknowledged before me this AT' day of 199y, by Joe Schrieber, the Mayor of the City of Tamarac, a Florida municipal corporation, on be�h d of the City of Tamarac, who is ersonall known to me or who has produced a as identification. N F1� \ YSF_AL My mmiS�.IXt} ti .�SU,v NOTARY PLBLIC STATE OF FLORIDA COMMISS1011 \n. CC605215 STATE OF FLORIDA MYCOMMISS.0 •,XP. DEC. 152000 COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of , 199_, 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 commission expires: STATE OF COUNTY OF The forgoing instrument was acknowledged before me this &— day of 'f 199_, by Emilio Echave, Senior Vice President Eastem Area of AT&T Wireless Servi s of Florid nc., a Florida corporation, on behalf of the corporation, who i Anown to me or has produced a as identification. °J IUTML6EN A MI49KA �. }r MV0-M'-C IS05 Rothry Public Exprw MW.0%MW My commission expires: +F01 fL04` GiCLIENTSWT6TWS4M.PtA 190MMPL•T]*P1AT&T.MwnarwarnA LMw. AW,wpd • • 0 Cell Site: FL-073 State: Florida County: Broward SITE LEASE AGREEMENT (Non-BTS) THIS Lease is dated and entered into o 31 , 199 ("Execution Date") between THE CITY OF TAMARAC, a Florida municipal corpo tion ("Landlord"), and AkT WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation ("Tenant" . 1. Leased Prenedy and Permitted Uses. Landlord hereby leases to Tenant a 40 foot by 50 foot 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. 61 st Street, Tamarac, Florida 33321. It is understood that Tenant intends to occupy exclusive space between the 70 foot and 90 foot level (the "Tower Space") on the Tower (as defined below) to be constructed on the Property, Landlord further grants to Tenant for the term of the Lease, a non-exclusive easement (the "Easement") upon adjoining property owned by Landlord for the purposes of pedestrian and vehicular ingress and egress to and from an open and improved public road and for the installation and operation of utilities servicing the Property and for the construction and maintenance of all improvements thereon (the location of the Easement is also shown on 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, alteration, maintenance, repair, replacement and relocation of related facilities, towers, antennas, equipment and buildings to provide AT&T wireless telecommunication services, and (iii) activities related to any of the foregoing (collectively, the 'Tenant's Permitted Use"). Landlord acknowledges that Tenant will be constructing a telecommunications monopole on the Property at a height of 140 feet above ground level (the'Tower"). It is understood and agreed that the Tower will be designed so that it will accommodate the antennas and equipment of Tenant, Landlord and one (1) additional wireless carrier (a "Third Party Carrier'). Landlord shall have the right, upon prior reasonable written notice to Tenant, to install 800 megahertz equipment, including an 8 foot whip antenna (collectively, "Landlord's Equipment") at the Leased Property, at Landlord's sole cost and expense. It is understood and agreed that (a) Landlord's 8 foot whip antenna will be located at the 140 foot level of the Tower, (b) the remainder of Landlord's Equipment, including its equipment shelter, will be installed within Tenant's equipment compound at a location reasonably acceptable to both parties, (c) the installation of Landlord's Equipment will occur at a time, and in a manner, that will not interfere with Tenant's installation or operation of Tenant's equipment, and (d) Landlord shall not be obligated to pay Tenant any rent or other fee for Landlord's use of the Tower and the Leased Property for the operation - of Landlord's Equipment. Within sixty (60) days following the completion of the Tower, Tenant shall provide Landlord with a written statement which sets forth all of the costs and expenses incurred by Tenant in connection with the design and construction of the Tower, including all legal fees, engineering fees, zoning consulting fees and similar professional fees (such costs and expenses are collectively referred to as "Site Development Costs"). Landlord shall have the exclusive right to permit a Third Party Carrier to collocate its antennas and related equipment (collectively, 'Third Party Equipment") on the Tower; provided, however, that (a) Landlord shall provide Tenant not less than thirty (30) days prior written notice of its intention to permit such Third Party Carrier to collocate the Third Party Equipment, (b) there shall be at least a twenty (20) foot vertical separation between the Third Party Equipment and Tenant's Antenna Facilities on the Tower, (c) if the Third Party Carrier desires to install Third Party Equipment below the 70 foot level of the Tower, then Tenant shall have the option to relocate its Antenna Facilities to such lower level, and the Third Party Carrier will then install the Third Party Equipment at least twenty (20) feet above Tenant's Antenna Facilities based on the twenty (20) foot vertical separation requirements, (d) the Third Party Equipment will be installed at a time, in a manner, reasonably acceptable to Tenant, (e) Landlord shall lease ground space to the Third Party Carrier for the construction and operation of the Third Party Carrier's equipment shelter pursuant to a separate lease agreement between Landlord and the Third Party Carrier, and (f) the Third Party Carrier shall pay to Tenant fifty percent (50%) of the Site Development Costs prior to installing any Third Party Equipment on the Tower; it being understood and agreed that once such costs are received by Tenant, then Tenant shall not have the right to collect any additional percentage of Site Development Costs from any subsequent Third Party Carrier that collocates Third Party Equipment on the Tower. 2. Initial Term. The initial term of this Lease shall be 5 years, commencing on the Execution Date. The initial term of this Lease shall expire at Midnight on the day before the 5th anniversary of the Execution Date. 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 "Construction Commencement Date"), Tenant shall pay to Landlord the sum of Twenty -Four Thousand Dollars per year ($24,000) ("Rent"). Rent shall be payable within 30 days following each anniversary of the Construction 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 non- payment 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 written notice of termination to Landlord. Thereafter, neither Landlord nor 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 lessees or licensees of the Property. Landlord shall be able to terminate this Lease if Tenant's Antenna Facilities interferes with Landlord's equipment or interferes with any other third -party lessee or their equipment, provided that Tenant's equipment or such third-party's equipment is installed as of the Execution Date, and provided that Tenant has been unable to eliminate such interference within thirty (30) days after notice of such Interference from Landlord. If Landlord terminates this Lease pursuant to this Section, Tenant shall remove immediately its 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 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 falls 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. In addition to constructing the Tower, 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. It is understood and agreed that the term Antenna Facilities shall include the Tower and the foundation of the Tower. All work by Tenant shall be performed in compliance with applicable laws and ordinances. Tenant is not authorized to contract for or on behalf of Landlord for work on, or the furnishing of materials to, the Property or any other part of the Property, and Tenant shall discharge of record by payment, bond or otherwise, within 10 days subsequent to the date of its receipt of notice thereof from Landlord, any mechanic's or construction liens filed against the Property for work or materials claimed to have been furnished at the instance of Tenant. B. Tenant shall, at Tenant's expense, keep and maintain the Leased Property in commercially reasonable condition and repair during the term of this Lease. The Antenna Facilities shall remain the exclusive property of Tenant, and Tenant shall have the right to remove all or any portion of the Antenna Facilities (other than the Tower) 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 (other than the Tower) and return the Leased Property to Landlord in visibly the condition existing as of the Execution Date, reasonable wear and tear excepted, and (ii) convey the Tower to Landlord in its then "AS IS" condition at no cost to Landlord; provided, however, that (1) Landlord shall be responsible for paying any documentary stamp tax or similar transfer tax due or payable in connection with such conveyance, (2) if Tenant receives written notice from Landlord, within 90 days of the expiration of the of the term of this Lease (as such term may be renewed from time to time in accordance with Section 3 above), not to convey the Tower under clause (ii) above, then Tenant shall remove the Tower from the Leased Property together with the other Antenna Facilities at the time, and in the manner, set forth in clause (i) above. 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. G,XCLIENTSWT&TWS\Gen.Real Eslale%5L•71PlAT&T.Sile Lease.ve.wpd follows: 8. Termination. This Lease may be terminated, without any penalty or further liability, as . 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; 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 parry, 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. 9. 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 property taxes assessed on, 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, defend and hold Landlord harmless from and against injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attomeys' 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. To the extent permissible by law, Landlord shall indemnify, defend and hold Tenant harmless from and against any and all 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 any act, omission or negligence of Landlord or its employees or agents, or the breach of this Lease, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. Nothing contained herein shall be construed as a waiver of sovereign immunity as provided by the Florida Statutes. � � 13. Notices. All notices, requests, demands and other communications hereunder shall b n 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 is Tamarac, Florida 33321-2401 ATTN: City Manager GXLIENTS1AT&TWS%Gen.RM1 E$tateWL-731PWT&T-S4e La2ae.V8.wpa To Tenant: AT&T Wireless Services of Florida, Inc. 3405 Forest Hill Boulevard West Palm Beach, FL 33406 ATTN: Property Manager With a copy to: AT&T Wireless Services of Florida, Inc. Legal Department 11760 North U.S. Highway 1 North Palm Beach, FL 33408 ATTN: Real Estate Counsel 14. QuIQ EnJOYMOLILTitle and Authority, Landlord covenants and warrants that (i) it has full right, power and authority to execute this Lease and has the power to grant all rights hereunder; (ii) it has good, marketable and unencumbered title to the Property free and clear of any liens, mortgages, restrictions or other encumbrances that will interfere with Tenant's Permitted Use; (III) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, Lease or other agreement binding on Landlord; (iv) Tenant shall have the quiet enjoyment of the Property, and Tenant shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period; and (v) if the Property is encumbered by a deed to secure debt, mortgage or other security interest, Landlord will use its best efforts to provide promptly to Tenant a fully signed Subordination, Non -Disturbance and Attornment Agreement in a form acceptable to Tenant. 15. Environmeftntal Laws. As used herein, the term "Environmental Laws" shall mean any and all local, state or federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used herein, the term "Hazardous Substance" shall mean any toxic or hazardous waste or substance (including, without limitation, asbestos and petroleum products) that is regulated by Environmental Laws. Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws. Landlord represents, warrants and agrees that it has in the past and will in the future conduct its activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of any Hazardous Substance as of the date of this Lease. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law of, all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Property or surrounding property owned by Landlord. 15. 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. 16. 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. 17. Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof. The Antenna Facilities shall be deemed personal property for purposes of this Lease, regardless of whether any portion thereof is deemed real or personal property under applicable law. 18. 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 parry'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 GXL1ENTSWT&TWStGen.Heal E8talatFL•73tPAT&T.Si18 Le ".A.wpd • • 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. 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 TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT". The undersigned Tenant acknowledges having read the foregoing notification, and has executed this Lease fully aware of the aforementioned conditions. Wherefore, the parties hereby enter into this Lease as of the date first set forth above: WITNESSES: ILIAW C. 7-XAq,n,9,J LANDLORD: CITY OF TAMARAC, a Florida municipal corporation By: Na e/ Joe Schreiber TftI*KMayor Name: Robert S. Noe, Jr. Title: City Manager ATTEST: By: Name: Carol Gold Title: City Clerk, TO FORM AND LEGAL S. Kraft City TENANT: AT&T tRE R OF FLORIDA, INC a F da i' n By N e: Emilio E e Ti ce esident Eastern Are GACLIENTSAT&TWS%Gm.Rea1 EstateTL-MPNT&T.Site Lease.v8-pd EXHIBIT "A" To the Site Lease Agreement dated , 199, between THE CITY OF TAMARAC, as Landlord, and AT&T WIRELESS SERVICES OF FLORIDA, INC., as Tenant. go The Ground Space is a _ foot by -___ foot 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. - - - DATE OF LAST FIELD VNONK: Sht l rmuCn 40, lu'O NERAL N0775 I. CONSTRUCTION 5HAL'_ FOLLOW "STANDARD BUILDING CODE" AS ADOPTED BY THE COUNTY AND AS APPLICABLE TO THE AREA IN WHICH THE BUILDING IS TO BE CONSTRUCTED WITH ALL APPLICABLE AMMENDMENTS.I 2, THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, ETC. SHALL VERIFY ALL DIMENSIONS, CONDITIONS AT JOSSITE, PLANS, SPECIFICATIONSETC. I 3. ALL WRITTEN pIMENSIONS ON THESE DRAWINGS 1 i I I PRECEDENCE OVER SCALED DIM IONS. 1 I 4 INSTALL SIGNt "FOR EMER3ENCIES CALL I-&" 832-6662" 1 IN SPIGUOUS O�.ATION ON SI I I a 14 w GRAPHIC SCALE FOUND RION ROD do CAP, 1 I I 6' HIGH CHAIN 0.33'W. & 0.15'S. 1 LINK FENCE WOOD N.89'35'06"E. 218,00' UTILITY POLE ry Al15TRALIAN PINE AND RUBS TO REMNIIN LJ C GATE NORTH LINE AT&T LEASE SITE I 1 P.O.B. AT&T LEASE SITE & P.O.C. ACCESS EASEMENT NORTHWEST CORNER LEASE SITE 8'x6' PAD FOR CITY REPEATER CABINET 140' MONOPOLE SEE ELEVATION DETAIL 3 THIS SHEET 11,5*x20' PREFAB EQUIPMENT SHELTE FUTURE USEF &SILVER BUTTONWOOD HEDGE TYP SET IRON ROD & CAP 6' HIGH CHAIN LINK FENCE INTO NEW 8' ATdcT FENCE IP P.O.B. CENTERLINE ACCESS EASEMENT SILVER BUTTONWOOD HEDGE \ REMOVE 0,6' AUSTRALIAN f PINE TREE - I + I N UT11 " EAST UN Aid T t #1869 LEASE SITE / 4=.:v I LarMc t 'R'. • } + M . I I� 7.5' N.88"35'25"E. 7,5' li�l a ti p� rtr`;�:=:=r Izlc -T CENTERLINE 15' WIDE 8 _ jWMNITING SIGNS: A, -NO TRESPASSING- WARNING SIGNS SHALL BE PERMANENTLY ATtACHED TO' THE FEN 7 OR WALL SURROUNOING THE GROUNO LEVEL EQUIPMENT OR STRUCTURES AN S: AOEO NO MORE THAN FORTY(40) FEET APART. 3 21 4" CRUSHED ROCK W/ MIRAFI � I 500X OVER ENTIRE COMPOUND PARCEL "A" TAMARAC UTILITIES PLAT NO. ONE P.H. 101, PG. 47 (B.C.R.) 5USINE85 POLE 381-0 ACCESS EASEMENT t W/ ASPHALTED CONC. TOPPING I r© 1n I P.O.T. CENTERLINE "' 1ACCESS EASEMENT p IN I MENTS ER O.R.B, 14979, PG. 0245 1 : (BROWARD COUNTY I WASTEWATER (V lip SEWER PUMP STATION) I N 1 I I oD TILITY POLE 1 1 11— W O C O SITE PLAN 5EDREPLACED COUNTYER DATED DEC. 11, ISSS.Q