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Home My WebLink AboutCity of Tamarac Resolution R-98-191Page 1 Temp. Reso. #8312 6/16/98 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC AND NEXTEL COMMUNICATIONS FOR THE INSTALLATION OF AN ADDITIONAL TELECOMMUNICATIONS ANTENNA AND ASSOCIATED EQUIPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Resolution R-97-106 authorized an agreement between the City of Tamarac and Nextel Communications for the installation of a telecommunications antenna and associated equipment (attached hereto as Exhibit 2); and WHEREAS, Nextel Communications would like to place an additional antenna located at 115 feet, which is below its existing telecommunications antenna located at 170 feet; and WHEREAS, Nextel Communications plans to abandon the existing position at some future date and keep only the lower position of 115 feet; and WHEREAS, additional telecommunications antennas in the City will enhance the quality of wireless telephone reception; and WHEREAS, Nextel has agreed to pay the City an additional $20,000 for the second antenna array for the period of time it has a second antenna on the City's tower; and 1 �J Page 2 Temp. Reso. #8312 6/16/98 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 the First Amendment to Communications Site Lease Agreement between the City of Tamarac and Nextel Communications. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to execute the First Amendment to Communications Site Lease Agreement between the City of Tamarac and Nextel Communications (attached hereto as Exhibit 1). The payment to the City for the additional telecommunications antenna is $20,000 per year with five (5%) percent increases each successive year. 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: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Page 3 Temp. Reso. #8312 6/16/98 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon passage and adoption. PASSED, ADOPTED AND APPROVED this .9� day ofgf�_� ..; ATTEST: CAROL GOL , CMC/AAE CITY CLERK I HEREPY CERTIFY that I have aD rov d1this Resolution as'to TCHELL S. KR CITY ATTORN 1 ww.E%—A � • ►/4 O: RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST is COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: C11 OMM. SULTANOF DIST 4: C1MM. ROBERTS Market: Ft. Lauderdale Site No: F1679-E Site Name: Tamarac FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC and NEXTEL SOUTH CORP., a GEORGIA CORPORATION, formerly known as DIAL CALL, INC., a GEORGIA CORPORATION, d/b/a NEXTEL COMMUNICATIONS This First Amendment to Communications Site Lease Agreement, hereinafter referred to as "First Amendment", is made this 24 day of 7unP_—, 1998, by and between the CITY OF TAMARAC, a Florida municipal corporation, whose address is 7525 NW 88`h Avenue, Tamarac, Florida 33321-2401 (hereinafter referred to as "Lessor") and NEXTEL SOUTH CORP., a Georgia corporation, formerly known as DIAL CALL, INC., a Georgia corporation d/b/a NEXTEL COMMUNICATIONS, whose address is 851 Trafalgar Court, Suite • 300E, Maitland, Florida 32751 (hereinafter referred to as "Lessee"). WITNESSETH: WHEREAS, Lessor and Lessee entered into a Communications Site Lease Agreement (hereinafter referred to as "Agreement") on May 14, 1997 for the placement of certain communications antennas and equipment to be located on a portion of Lessor's telecommunications tower (the "Tower") and a portion of Lessor's Land together with all access and utility easements if any as described in Exhibit "B" annexed thereto; and WHEREAS, the parties now desire to modify and amend the Agreement; NOW, THEREFORE, in consideration of the execution of this First Amendment, and the mutual promises, terms, covenants and conditions contained herein, the parties hereto do hereby agree as follows: 1. The foregoing recitations are true and correct and are hereby incorporated by reference. The parties hereto agree as follow: 2. Lessor agrees to permit Lessee to temporarily relocate a portion of its antennas currently located at the 170' height of Lessor's Tower and/or to add additional antennas to the 1 15' height of Lessor's Tower, under the same terms and conditions of the Agreement, thus 49 utilizing two locations on the Tower, one at the 170' height and one at the 1 15' height. 1 • • • Market: Ft. Lauderdale Site No: F1679-E Site Name: Tamarac 3. Within thirty (30) days of the commencement of the use of the 115' height of Lessor's Tower, Lessee shall pay to Lessor as rent for the additional Tower space, additional rent ("Additional Rent") in the amount of Twenty Thousand Dollars and 00/100 Cents ($20,000.00) per year [a total Rent of Forty -One Thousand and 00/100 Cents ($41,000.00) per year for the two locations on the Tower] pursuant to the same terms and conditions contained in Paragraph 5 of the Agreement. 4. Lessee, upon ninety (90) days prior written notice to Lessor, shall have the right to terminate the use of one of the two height locations on the Tower and upon such termination, cease to pay the Additional Rent. 5. It is the intention of the parties hereto, that in the event of any conflict between the terms of the Agreement and this First Amendment, this First Amendment shall prevail and any conflicting language, terms or provisions in the Agreement shall be inoperative. However, all terms and conditions of the Agreement not inconsistent herewith shall remain in full force and effect. Capitalized terms in this First Amendment shall have the same meaning as are given in the Agreement, unless otherwise defined in this First Amendment. IN WITNESS WHEREOF, the parties have executed this First Amendment to Communications Site Lease Agreement on the date and year first above written. ATTEST: Carol Gold, Af/CMC, City Clerk Wi ess Print Nine: Witness Print Name: 2 CITY OF TAMARAC a Florida municipal corporation "— �\ �Zts� n-vt,�. y Print Namego.}ae 1-5- .i1inP, Jr_ Title: City Manager Date: June 24, 1998 Market: Ft. Lauderdale Site No: F1679-E Site Name: Tamarac Witn ss ' P t NamewN/�G9 Witness Print Name: STATE OF FLORIDA COUNTY OF BROWARD By: Print e: Title: _ Mayor Date: June 24, 1998 The foregoi g instrurpoent as acknowledged before me this day of 4.irf.. 1998, by as of the City of Tam ac, a Florida municipal corpora on, who is personally known t1or me r who has produced identification [ ]. Type of identification produced: N My Commissio (Seal) SPA+' 0'0,9 OFFICIAL NOTARY SEAL 0 rr PHYLLIS POLIKOFF *l 0 COMMISSION NUMBER CC390392 �F• p� MY COMMISSION EXP. ii.--- O r'\-o SF -PT 23.1998 STATE OF FLORID - COUNTY OF BROWARD 9/6 Z NOWY PU�CZ41'�AiKj�zeb 11 Print Name:F The foregoing instrument was acknowled ed before me this 41day of 1998, by/�o�rfi.5, /1/ as / f.Lof the City of Tama c, a Florida municipal corporation, who is perso ally knowA to me )6 or who has produced identification [ I. Type of identification produced: / a - A24� NOTARY PUBLIC My Commission Expires: Print Name: At ZLi5Aei.CDUFf' (Seal) 01y P&8, OFFICIAL NOTARY SEAL .10 PHYLLIS POLIKOFF COMMISSION NUMBER ` �c39oa92 9MY COMMISSION EXP3 SEPT 23.1998 Market: Ft. Lauderdale Site No: F1679-E Site Name: Tamarac Signed sealed and delivered in the presence of: Witness Print Name: �� ► e �..kL 5Yl Witness Print Name: %)f NEXTEL SOUTH CORP., a Georgia corporation, formerly known as DIAL CALL, INC., a Georgia corporation d/b/a NEXTEL COMMUNICATIONS By: �1 Print Name: __Uawronski Title: .. Florida Area President,._ STATE OF FLORI } COUNTY OF The foregoing instrument was acknowledged before me this �� day of 1998, by Thomas J. Gawronski as Florida Area President of NEXTEL SOUTH CORP., a Georgia corporation, formerly known as DIAL CALL, INC a Georgia corporation d/b/a NEXTEL COMMUNICATIONS, who is personally known to me [�j or who has produced identification [ 1. Type of identification produced My Commission Expires: (Seal) 3495LEAS.AMND 6116198 C� 0 Cw--J NOTARY PUI1rI6B Print Name" DORGAN y o 5736A Expire@ May. 23. 2000 �,�rFOF Fl��`OF