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repealed to the extent of such conflict.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.
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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;
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