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