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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-274Temp. Reso #8306 September 11, 1998 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98-a'r11 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. Fj 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 1 ") 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). 1 i� 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 thisa&day of 1998. ATTEST: a�� CAROL GOL ",MC/AAE City Clerk BY CERTIFY that I have :d this RESOLUTION ag (,MITCHELL S: K City Attorney 8306 reso ATT Wireless Antenna form. JOE SCHREIBER Mayor RECORD OF COMM MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTAN DIST 4: COMM. ROBERi Temp Reso #8306 Exhibit 1 Cell Site: FL091 State: Florida County: Broward SITE LEASE AGREEMENT (MICROCELL FACILITY) THIS SITE LEASE AGREEMENT (this "Lease") is dated and entered into on E ay , 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"). ills I1U.L-161*i�E 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 Exhibit 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. . Landlord hereby leases to Tenant that portion of the Property identified on Exhibit 8, 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 Exhibit 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 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 inspections. 3. Term. 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. B.I it. Within thirty (30) days of the Commencement Date, Tenant shall pay to Landlord as 10 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 881" 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 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. Temp Reso #8306 Exhibit 1 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 -parry 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 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. 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 parry 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 parry's insurance company shall have a subrogated claim against the other. FL-91 (site lease) 2 Temp REso #8306 Exhibit 1 �J • r� 9. Notices. 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, Quiet Enjoymen , Title 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 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. Assignment and SubleaswM 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-91 (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 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." • 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: LyN-,J C. -rX ga1"AJ A , SC G� r LANDLORD: CITY OF TAMARAC, a Florida municipal corporation By: Name: iVoe Schreiber T; e: Mayor By: \�,� �-. V-t Vl> Name: Robert S. Noe, Jr. Title: City Manager ATTEST: By: LL�-1 Name: Carol Gol Title: City Clerk . AS TO FORM AND LEGAL By:11,,' Y L ram' Name: Mitchell S. Kraft Title: City Attorney TENANT: AT&T IN0... ES OF FLORIDA, resident Eastern Area FL-91 (site lease) 4 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. Note Public y co le7�(? L MARION S NUTARY I'UBL,IC ST)RII)A COMMISSIO\ 215 STATE OF FLORIDA M, C�%MMISSfo\ti,zor>n COUNTY OF BROWARD The foregoing instrument was acknowledged before me this --Z-- 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. STATE OF_LOe14A COUNTY OF Notary Public My OFFICIAL. l) ', RY'�EAL MARION SWF\SO\ NOTARY ('U13LIC STATE OF H-ORIDA COMM, 1551O\ \O. CC663213 MYCOMM15510\ 1�,2000 The foregoing instrument was acknowledged before me this q-"l day of _gfTfm r96,-Z- 1998, by Emilio Echave, Senior Vice President Eastern Area of AT&T Wireless Services of Florida, Inc., a Florida corporation, on behalf of the corporation, who is personally known to me or has produced a as identification. No ry Public ;;� Lynn C. Trauman My commission expires:M4.40, a np 1 :f- '041%ION # CC629237 EXPIRES May 20, 2001 'fi pF t oe'. 'ONDED THRU TROY FAIN INSURANCE, INC. FL-91 (site lease) 5 Temp Reso #8306 Exhibit 1 EXHIBIT "A" To the Site Lease Agreement dated Q =a� 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 15'42" W., a distance of 640.79 feet; thence N. 38 33'1411 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 arc 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. [YISfi"C CowCR[TL wwll PROPOSED AT&T LEASE AREA LEASE AREA ♦ r(nCCo \ (A IT•-c' . 'o'-n' s.r.) i'p. V r U T U R E \ 'j -o' A P b I T 1 0 N i , --.pry ALL L � / Nlr� CNNH \ 'N \ f,CVS L— FNCC \ MCOC( \ I PCxISfiMA MrIHC AREA I fCAAtf wp W to E X 1 T I N C 'ns,.G *oKR o a( BVRiFO F3 U I L I N C e(L0 rnAo( \ \ SI \ (K,s TING i \ ow(R � I I \_\ �(Y I T P N A i S I R C A S l i � I [nSfiRC 5' Cb+CRCT( —LX � I EXISTING TURNPIKE TURNING LANES PRORTY L.-E (TT +C) ._._._.1fPC._..._.— —•— — —.—.—._...._._._......_._- SITE PLAN r 20' J r F 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 Cell Site: FL091 State: Florida County: Broward THIS Memorandum of Lease is made and entered into this' 2 day of A0, 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"). 17Lii:I4R"41111i:A WHEREAS, Landlord is leasing to Tenant certain real property pursuant to that certain Site Lease Agreement dated 04 , 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: ►�., tIS 1 LANDLORD: CITY OF TAMARAC, a Florida-municipal.rc By: Titl rJchreiber � � � 1 By:TC Name: Robert S. Noe, Jr. Title: City Manager ATTESn�- �By:.e-g—el Name: Carol Gold Title: City Clerk Address: 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 GACLIENTSWT&TWS\Gen. Real Estate\FL9lM\TLC-MemoLea8e.wpd Temp Reso #1 Exhibit 1 • • • L, h16� � LyNr� C . Ti�AlAn/A/� l i r 'C r ���.�• ` f �, ,� j , �G � � i � ram`` STATE OF FLORIDA COUNTY OF BROWARD SUPFI I�jV S TO FORM /AND LEGAL : 'Mitchell S. Kraft City Attorney TENANT: ATE ,-W IN le ;V6122 I Title: Senior Address: CES OF FLORIDA, President Eastern Area 3405 Forest Hill Boulevard West Palm Beach, Florida 33406 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 ersonall known to me or who has produced a as identification. Nota I••FICIAL \OTARYSFAL My CC mmissiOn eXPi'QQWF\50N \OTARY I'U13lJC STATE OF FLORIDA STATE OF FLORIDA COMMISSION \O. CC605215 COUNTY OF BROWARD tiI'll C,"N1\415510\ F\P, DEC. 15,2000 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 019 IC IA1. \OTAnY SEAL. MARION SWF.\SO,\ \OTARY PLI;LIC- STATE OF FLORIDA STATE OF UP OA C0 i%1Yf l5s;l0\ tic). C:C603215 COUNTY OF LiA � MY( xl' t�r'c'.1 r,z0r� The foregoing instrument was acknowledged before me this `7 day of - cli^Em46'e 1998, by Emilio Echave, Senior Vice President Eastern Area of AT&T Wireless Services of Florida, Inc., a Florida corporation, on behalf of the corporation, who is qmsonall known to me or has produced a as identification. "•Y "R,- , ynn C. 7rauman >� My COMMISSION# CC66229237 EXPIRES Notary Public KNOEC TNRU TROY FAIN INSURANCE. INC. M commission expires: MA/ a �0�� ,.� Y P y GACLIENTS\AT&TWS\Gen. Real Estate\FL91M\TLC-MemoLease.wpd Temp Reso #8306 Exhibit 1 L# 4.rr 1i To the Memorandum of Lease Agreement dated _ Q -2N , 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. 89015'42" W., a distance of 640.79 feet; thence N. 38033'14" W., a distance of 107.31 feet; thence N. 51 026'46" E., a distance of 30.50 feet; thence N. 38033'14" W., a distance of 40.0 feet; thence 51026'46" 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. 38033'14" 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. C7 �J