Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-98-357Temp. Reso #8475 December 2, 1998 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- 36-7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH A T & T WIRELESS SERVICES OF FLORIDA, INC. TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE LEASE SITE AT FIRE STATION II; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission approved the Resolution R-98-274 authorizing the lease of property to A T & T Wireless Services of Florida, Inc. for the installation of a microcell antenna at Fire Station II; and WHEREAS, the lease agreement contained incorrect legal description of the leased property due to scrivener's error; and WHEREAS, it is the City Manager's recommendation to execute the amendment to the lease 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 amendment to the lease agreement with A T & T Wireless Services of Florida, Inc. for the correction of a scrivener's error contained in the legal description of the leased property. Temp. Reso #8475 December 2, 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 amendment to the agreement with A T & T Wireless Services of Florida, Inc. (attached hereto as "Exhibit 1 ") for the correction of a scriveners error contained in the legal description of the leased property. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. 1 1 Temp. Reso #8475 December 2, 1998 Page 3 PASSED, ADOPTED AND APPROVED this 9.4ay ofka"4, 1998. ATTEST: CAROL G LD, CMC/AA City Clerk REBY CERTIFY that I have oved this RESOLUTION as to form. MITICHELL S. City Attorney 8475 reso ATT Wireless Antenna Amendment JOE SCHREIBER Mayor RECORD OF COMMI MAYOR SCHREIBER GIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS Temp Reso #8475 Exhibit 1 Call Site•. FL-091 State: Florida 1101 County: Broward • 11 FIRST REEMENT (MICROCELL FACILITY) THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT ("Amendment") is dated as of 1998, between the CITY OF TAMARAC, a Florida municipal corporation (" "), and AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation ("Ienant"). Whereas, Landlord and Tenant entered into a Site Lease Agreement (Microcell Facility) dated September 24, 1998 (the "Leese"); Whereas, the Lease contained an improper legal description due to scrivener's error; Whereas, Landlord and Tenant have agreed to amend the Lease to insert the correct legal description in accordance with this Amendment. Now, therefore, in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: Sp, tip. Exhibit A attached to the Lease is hereby deleted and shall be replaced in its entirety by Exhibit A attached to this Amendment. SAgtin". As modified by this Amendment, all terms of the Lease are hereby ratified and confirmed in all respects and shall remain in full force and effect for the remainder of the term of the Lease. THIS AMENDMENT has been executed and delivered by Landlord and Tenant as of the date set forth above. WITNFSGF Ph Name: 1 Prir2f Name: Print pjdme:-- ) G y�� Print N me: R-W e v-• M 17�-' LANDLORD: CITY OF TAMARAC, a Florida municipal corporal 0 By: Na Joe Schreiber Titl . ayor By: b-2 ., Name: Robert S. Noe, Jr. Title: City Manager ATTEST: G' Name: Carol Gold Title: City Clerk Re::� S TO FORM AND L L Y: ,1 , l'. S. Kr,umey WITNESSFS: TENANT: AT&T 1Gµtr SS 8 RMCEtiS OF �Pri Name: r' FL afar. i N a ri Name: Title: Se or Vice President Eastern Area GACLIENTSIAUTNS1C�.R" EsWeT191 WURFAt Am.dn t to US L.u. Ag—od Temp Reso #8475 Exhibit 1 To the Site Lease Agreement dated September 24, 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 Tracts 2 and 7 in 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 said Tract 7, thence N-0" 11' 59" West, along the East Line thereof, 49.46 feet to a point; thence N-89" 15, 42" W, 462.70 feet to a point, thence S-28` 58'21" W. 166.87 feet to the Point of Beginning of this description; thence S-38" 33' 14" E, 200.00 feet to a point; thence N-51" 26' 46" E, 200.00 feet to a point; thence N-38 ° 33' 14" W, 200.00 feet to a point; thence 5-51" 26' 46" W, 200.00 feet to the Point of Beginning; LESS AND EXCEPT that portion of Tract 7 of said property taken in Eminent Domain proceedings by Broward County under an Order of Taking entered on December 20, 1977, in Case No. 77-18205-J Miller, in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida, described as follows: BEGINNING at the most Westerly corner of Parcel "A," LEADERSHIP OF TAMARAC, PHASE I, as recorded in Plat Book 76, Page 35, of the Public Records of Broward County, Florida; THENCE on an assumed bearing North 51 "26'46" East along the boundary line of said Parcel "A" that is perpendicular to Commercial Boulevard, a distance of 20.50 feet; THENCE South 38"13'14" East a distance of 113.38 feet; THENCE South 27°4644" East a distance of 88.17 feet, to a point of a boundary line of said Parcel "A"; THENCE South 51 °26'46" West along said boundary line a distance of 4.02 feet; THENCE North 38°33'14" West a distance of 200.00 feet to the POINT OF BEGINNING; containing 3,386 square feet, more or less; I w ►"Olgp Ai1I � 4Yi A"f" / I c.riaa ' SITR PLAN itl1