HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-256Temp. Reso #9089
97112/00
87/27100
08/14/00
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH NEXTEL
COMMUNICATIONS FOR THE INSTALLATION OF A
TELECOMMUNICATIONS TOWER, ANTENNA AND
ASSOCIATED EQUIPMENT; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO SIGN ALL NECESSARY
PERMIT APPLICATIONS ON BEHALF OF THE CITY AS
OWNER; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has negotiated an agreement with Nextel
Communication for the installation of a telecommunications tower, antenna and associated
equipment at the City's Tamarac Park property; and
WHEREAS, additional telecommunications antennas in the City will enhance the
quality of wireless telephone reception; and
WHEREAS, Nextel Communications will relocate the City's lights to the new seventy
foot tower; and
WHEREAS, the Director of Management Information Services and Assistant City
Manager recommend approval of the agreement; and
WHEREAS, it is the City Manager's recommendation to execute the agreement; and
Temp. Reso #9089
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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 Nextel Communications for the installation of a
telecommunications tower, antenna and associated equipment.
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 Commission authorizes the appropriate City Officials to execute
an agreement with Nextel Communications (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: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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 its passage and
adoption.
[1
L1
Temp. Reso #9089
07113100
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Y"
PASSED, ADOPTED AND APPROVED this a�day of 4 , 2000.
MARION SWEN ON, CMC
City Clerk
I RE Y CERTIFY that I have
pp ov this ESOLUTION o form
I MIT HELL S. KRAF
City Attorney
JOE SCHREIBER
Mayor
RECORD OF COMMISSION VOTE
MAYOR SCHREIBER
DIST 1: COMM. PARTNER
DIST 2: COMM. MISHKIN
DIST S: COMW WXTANOF
DIST 4: VIM ROBERTS
Cell Site: FL3675B Woodmont
State: Florida
County: Broward
SITE LEASE AGREEMENT
Market: South Florida
Site Name: Woodmont
Site Number: FL 3675B
THIS Lease is dated and entered into on 4c;2-7, 2000 ("Execution Date") between THE CITY OF
TAMARAC, a Florida municipal corporation ("Landlord"), and Nextel South Corp., a Georgia corporation, d/b/a
Nextel Communications ("Tenant").
1. Leased -Property and Permitted Uses. Landlord hereby leases to Tenant a 20 foot by 30 foot
section (the "Ground Space") of certain real property (the "Property") shown by sketch and legal description on
Exhibit "A" attached hereto, having a street address of 7501 North University Drive, Tamarac, Florida 33321. It is
understood that Tenant intends to occupy exclusive space at the 60 foot level (the "Tower Space") on the Tower (as
defined below) to be constructed on the Property, Landlord further grants to Tenant for the term of the Lease, a non-
exclusive easement (the "Easement") upon adjoining property owned by Landlord for the purposes of pedestrian and
vehicular ingress and egress to and from an open and improved public road and for the installation and operation of
utilities servicing the Property and for the construction and maintenance of all improvements thereon (the location of
the Easement is also shown on Exhibit "A"). The Ground Space, the Tower Space and the Easement are
collectively referred to as the "Leased Property." The Leased Property may be used for (i) the transmission and
reception of communication signals, (ii) the construction, alteration, maintenance, repair, replacement and relocation
of related facilities, towers, antennas, equipment and buildings, and (iii) activities related to any of the foregoing
(collectively, the "Tenant's Permitted Use").
Landlord acknowledges that Tenant will be constructing a telecommunications monopole on the Property at a
height of 70 feet above ground level (the "Tower"). It is understood and agreed that the Tower will be designed so
that it will accommodate the antennas and equipment of Tenant, and two (2) additional wireless carriers ("Third
Party Carriers") and the reinstallation of City's field lights that are currently installed on a light pole on the Leased
Property. Tenant will reinstall the existing field lights on the new tower and ensure that it operates as required. Upon
completion of installation, title to the Tower shall immediately vest in Landlord free and clear of any liens or other
encumbrances and title shall remain thereafter with Landlord and become a part of, and affixed to, the real estate.
Thereafter, Tenant shall be relieved of any and all responsibilities and obligations in connection with the Tower.
Tenant's antenna facilities will not interfere with the operation of the field lights.
Within sixty (60) days following the completion of the Tower, Tenant shall provide Landlord with a written
statement which sets forth all of the costs and expenses incurred by Tenant in connection with the design and
construction of the Tower, including all legal fees, engineering fees, zoning consulting fees and similar professional
fees (such costs and expenses are collectively referred to as "Site Development Costs").
Landlord shall have the exclusive right to permit a Third Party Carrier to collocate its antennas and related
equipment (collectively, "Third Party Equipment") on the Tower; provided, however, that (a) Landlord shall provide
Tenant not less than thirty (30) days prior written notice of its intention to permit such Third Party Carrier to
collocate the Third Party Equipment, (b) there shall be at least a twenty (20) foot vertical separation between the
Third Party Equipment and Tenant's Antenna Facilities on the Tower, (c) if the Third Party Carrier desires to install
Third Party Equipment below the 60 foot level of the Tower, then Tenant shall have the option to relocate its
Antenna Facilities to such lower level, and the Third Party Carrier will then install the Third Party Equipment at least
twenty (20) feet above Tenant's Antenna Facilities based on the twenty (20) foot vertical separation requirements, (d)
the Third Party Equipment will be installed at a time, in a manner, reasonably acceptable to Tenant, (e) Landlord
shall lease ground space to the Third Party Carrier for the construction and operation of the Third Party Carrier's
equipment shelter pursuant to a separate lease agreement between Landlord and the Third Party Carrier, and (f) the
Third Party Carrier shall pay to Tenant fifty percent (50%) of the Site Development Costs prior to installing any
Third Party Equipment on the Tower; it being understood and agreed that once such costs are received by Tenant,
Cell Site: FL3675B Woodmont Market: South Florida
State: Florida Site Name: Woodmont
County: Broward Site Number: FL 3675B
then Tenant shall not have the right to collect any addition. l percentage of Site Development Costs from any
subsequent Third Party Carrier that collocates Third Party Equipment on the Tower.
2. Initial Term. The initial term of this Lease shall be 5 years, commencing on the Execution Date.
The initial term of this Lease shall expire at Midnight on the day before the 5th anniversary of the Execution Date.
3. Renewal Terms. This Lease shall automatically renew for 4 additional five-year terms (each
being a "Renewal Term"), unless Tenant notifies Landlord in writing of Tenant's intention not to renew this
Lease at least 60 days prior to the expiration of the initial term or any Renewal Term.
4. Rent. Within thirty (30) days of the date on which Tenant obtains its building permit for the
commencement of construction of Tenant's Antenna Facilities, as hereinafter defined (the "Construction
Commencement Date"), Tenant shall pay to Landlord the sum of Twenty -Six Thousand Four Hundred Dollars per
year ($26,400) ("Rent"). Rent shall be payable within 30 days following each anniversary of the Construction
Commencement Date (each such anniversary being referred to as an "Anniversary Date") to Landlord at City of
Tamarac, 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401, Attention: Finance Department. Landlord will
provide the requisite information for Tenant to pay Rent by direct deposit to Landlord's bank, but the implementation
of the direct deposit system shall be at Tenant's sole option and expense.
On each Anniversary Date, Rent shall be increased to an 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 Aiuuversary Date, then Rent shall be prorated as of the date
of termination, and in the event of termination for any reason other than nonpayment of Rent, all prepaid Rent shall
be promptly refunded to Tenant.
5. Due Diligence Period. For 90 days from the Execution Date, Tenant and its agents, engineers,
surveyors and other 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 Property for Tenant's Permitted Use, all at Tenant's expense ("Due Diligence Period"). 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 inspection. If, in the sole and absolute opinion of
Tenant, the Property is not suitable for Tenant's intended use, or Tenant determines that the operation of a
communications facility on or within the Property would not be in Tenant's best interest, Tenant shall have the right
at any time prior to the expiration of the Due Diligence Period to terminate this Lease by sending written notice of
termination to Landlord. Thereafter, neither Landlord nor Tenant shall have any further obligation or liability under
this Lease except as otherwise provided herein.
6. Interference,
A. Tenant shall not use the Property in any way that interferes with the use of the Property by
Landlord, or by tenants or tenants of Landlord holding rights to the Property on the Construction Commencement
Date of this Lease; provided, however, that Landlord hereby acknowledges that Tenant's use of the Property for
Tenant's Permitted Use shall not constitute an impermissible interference by Tenant. Furthermore, Tenant shall
operate the Antenna Facilities in a manner that will not cause interference to Landlord and other tenants or licensees
of the Property. Landlord shall be able to terminate this Lease if Tenant's Antenna Facilities interferes with
Landlord's equipment or interferes with any other third -party tenant or their equipment, provided that such third-
party's equipment is installed as of the Construction 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
Cell Site: FL3675B Woodmont Market: South Florida
State: Florida Site Name: Woodmont
County: Broward Site Number: FL 3675E
tertrunates this Lease pursuant to this Section, 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 Execution 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.
Improvements; Utilities; Access.
A. In addition to constructing the Tower, Tenant shall have the right, at its expense, to
install, construct, maintain, modify, supplement, replace and upgrade a communications facility on the Property,
which may include radio transmitting and receiving antennas, equipment shelters and other improvements relating
thereto (collectively the "Antenna Facilities") provided that the space of the equipment and the space occupied
remains the same or less. It is understood and agreed that the term Antenna Facilities shall not include the Tower
and the foundation of the Tower. All work by Tenant shall be performed in compliance with applicable laws and
ordinances. Tenant is not authorized to contract for or on behalf of Landlord for work on, or the furnishing of
materials to, the Property or any other part of the Property, and Tenant shall discharge of record by payment, bond or
otherwise, within 10 days subsequent to the date of its receipt of notice thereof from Landlord, any mechanic's or
construction liens filed against the Property for work or materials claimed to have been furnished at the instance of
Tenant.
B. Tenant shall, at Tenant's expense, keep and maintain the Leased Property in commercially
reasonable condition and repair during the term of this Lease. The Antenna Facilities shall remain the exclusive
property of Tenant, and Tenant shall have the right to remove all or any portion of the Antenna Facilities at any time
during the term of this Lease. Within a reasonable period following the expiration of the term of this Lease (as such
term may be renewed from time to time in accordance with Section 3 above), Tenant shall (i) remove the Antenna
Facilities and return the Leased Property to Landlord in visibly the condition existing as of the Execution Date,
reasonable wear and tear excepted.
C. Tenant shall, at Tenant's expense, cause the utilities servicing the Antenna Facilities to be
separately metered. Further, Tenant shall have the right, at Tenant's expense, to install or improve utilities serving
the Property (including, but not limited to, the installation of emergency power generators).
D. Landlord shall provide Tenant with 24 hour, 7-day per week access to the Property for the
installation, maintenance and operation of the Antenna Facilities and any utilities serving the Property.
8. Termination. This Lease may be terminated, without any penalty or fiurther liability, as follows:
A. by Landlord if Tenant fails to cure a default for payment of amounts due under this
Lease within 15 days after Tenant's receipt of written notice of default from Landlord;
B. by either parry if the other party defaults (other than a default described in Section 8.A
above) and fails to cure such default within 30 days after written notice of such default is received by the defaulting
party from the non -defaulting party; provided, however, that if such default is capable of being cured, but not within
such 30-day period, this Lease may not be terminated so long as the defaulting party commences appropriate curative
Cell Site: FL3675B Woodmont Market: South Florida
State: Florida Site Name: Woodmont
County: Broward Site Number: FL 3675E
action within such 30-day period and thereafter diligently prosecutes such cure to completion as promptly as
possible;
C. by Tenant on 30 days prior written notice if it is unable to obtain, maintain or otherwise
forfeits or cancels any license, permit or governmental approval necessary for the construction or operation of the
Antenna Facilities or Tenant's actual or intended use of the Property, or Tenant determines that it would be
commercially unreasonable to obtain or maintain the same; and
D. by Tenant on 30 days prior written notice if Tenant determines, in its reasonable
discretion exercised in good faith, that based on (i) technology, (ii) interference with use of the Property resulting
from the acts of any third party, an act of God or from other natural forces or (iii) changes in system design or system
usage patterns, Tenant's use of the Antenna Facilities (as the same may have been modified from time to time) is no
longer consistent with the optimal operation of Tenant's communication system or such continued use would be
commercially unreasonable.
Casualty and Condemnation.
A. If any part of the Antenna Facilities is damaged by fire or other casualty so as to prevent
the continuation of Tenant's Permitted Use in a commercially reasonable manner, then Tenant may terminate this
Lease by providing written notice to Landlord, which termination shall be effective as of the date of such damage
and/or destruction. Upon such termination, Tenant shall be entitled to collect all insurance proceeds payable on
account thereof and to be reimbursed for any prepaid Rent.
B. If any part of the Property or the Antenna Facilities is taken by eminent domain, or by a
deed in lieu of condemnation, so as to prevent the continuation of Tenant's Permitted Use in a commercially
reasonable manner, then Tenant may terminate this Lease by providing written notice to Landlord, which termination
shall be effective as of the date of the vesting of title in such taking. Upon such termination, Tenant shall be entitled
to be reimbursed for any prepaid rent. Landlord and Tenant shall each be entitled to pursue their own separate
awards with respect to any taking by eminent domain.
10. Taxes. Tenant shall pay to Landlord any applicable sales tax on the Rent, and Landlord shall be
responsible for remitting such tax to the appropriate government entities. Tenant shall pay any personal property
taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities.
Landlord's Federal Tax ID # is 59-1039552
11 Insurance and Subrgpation. Tenant will provide Commercial General Liability Insurance in an
aggregate amount of $1,000,000 and name Landlord as an additional insured. Neither party 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 party's insurance company shall
have a subrogated claim against the other. Each party shall obtain from its insurers under all policies of fire, theft
and other casualty insurance covering the Property or any portion thereof, improvements thereon or operations
therein, a waiver of all rights of subrogation which the insurer might have against the other party, and each party
shall indemnify the other party against any loss or expense, including reasonable attorneys fees, resulting from the
failure to obtain such waiver.
12. Hold Harmless. Tenant shall indemnify, defend and hold Landlord harmless from and against
injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable
attorneys' fees and court costs) arising from the installation, use, maintenance, repair or removal of the Antenna
4
Cell Site: FL3675B Woodmont Market: South Florida
State: Florida Site Name: Woodmont
County: Broward Site Number: FL 3675B
Facilities or the breach of this Lease, except to the extent attributable to the negligent or intentional act or omission of
Landlord, its employees, agents or independent contractors.
13. Notices. All notices, requests, demands and other communications hereunder writing and shall be
deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to
the following addresses:
To Landlord: City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
ATT; City Manager
With a copy to: City of Tamarac
7525 N.W. 881h Avenue
Tamarac, Florida 33321-2401
ATTN: City Attorney
To Tenant: Nextel South Corp.
851 Trafalgar Court, Suite 300E
Maitland, FL 32751
Attn: Property Manager
With a copy to: Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, VA 20191-3436
Sixth Floor, Mail Stop 6E630
Attn: Site Leasing Services, Contracts Manager
14. Quiet Enjoyment, 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 free and clear of any liens, mortgages, restrictions or other encumbrances that
will interfere with Tenant's Permitted Use; (iii) its execution and performance of this Lease will not violate any laws,
ordinances, covenants, or the provisions of any mortgage, Lease or other agreement binding on Landlord; (iv) Tenant
shall have the quiet enjoyment of the Property, and Tenant shall not be disturbed as long as Tenant is not in default
beyond any applicable grace or cure period; and (v) if the Property is encumbered by a deed to secure debt, mortgage
or other security interest, Landlord will use its best efforts to provide promptly to Tenant a fully signed
Subordination, Non -Disturbance and Attornment Agreement in a form acceptable to Tenant.
15. Environmental Laws. As used herein, the term "Environmental Laws" shall mean any and all
local, state or federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used
herein, the term "Hazardous Substance- shall mean any toxic or hazardous waste or substance (including, without
limitation, asbestos and petroleum products) that is regulated by Environmental Laws.
Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance
with all applicable Environmental Laws. Landlord represents, warrants and agrees that it has in the past and will in
the future conduct its activities on the Property in compliance with all applicable Environmental Laws and that the
Property is free of any Hazardous Substance as of the date of this Lease.
Cell Site: FL3675B Woodmont Market: South Florida
State: Florida Site Name: Woodmont
County: Broward Site Number: FL 3675E
Landlord shall be responsible for, and shall promptly conduct any investigation and rernediation as
required by any Environmental Laws or common law of, all spills or other releases of Hazardous Substance, not
caused solely by Tenant, that have occurred or which may occur on the Property or surrounding property owned by
Landlord.
16. Assienment and Subleasing. Tenant may not assign, or otherwise transfer all or any part of its
interest in this Lease or in the Property without the prior written consent of Landlord; provided, however, that Tenant
may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any
successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any
financing entity's interest, if any, in this Lease as set forth in Paragraph 18 below. Landlord may assign this Lease
upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein, including but not
limited to, those set forth in Paragraph 18 below. Notwithstanding anything to the contrary contained in this Lease,
Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to
any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed
money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar
instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar
facilities or in respect of guaranties thereof.
17. Successors and Assigns. This Lease shall run with the Property and shall be binding upon and
inure to the benefit of the parties, their respective successors, personal representatives and assigns.
18. Landlord's Lien.
(a) Landlord waives any lien rights it may have concerning the Antenna Facilities which are deemed
Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's
consent.
(b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory
notes and financial and security agreements for the financing of the Antenna Facilities (the "Collateral") with a third
party financing entity (and may in the future enter into additional financing arrangements with other financing entities).
In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the
Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale,
levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time
without recourse to legal proceedings.
19. Miscellaneous:
A. Each party agrees to famish to the other, within 45 days after request (subject to City
Commission scheduling), such truthful estoppel information as the other may reasonably request. Furthermore, each
party shall cooperate in executing any other documents (including a Memorandum of Lease, easement agreement, or
both) necessary to protect a parry's rights hereunder. Neither party shall record this Lease, but may record the
aforementioned Memorandum of Lease.
B. 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.
Cell Site: FL3675B Woodmont Market: South Florida
State: Florida Site Name: Woodmont
County: Broward Site Number: FL 3675B
C. Without limiting the terms of Section 8, if either party fails to perform a "material
obligation" under this Lease within 30 days after receiving written notice from the other party, the party that delivers
such notice may perform such obligation or take other appropriate curative action on behalf and at the expense of the
nonperforming party. If the curative action is taken by Tenant, the expenses may be offset against the next
payment(s) of Rent. If the curative action is taken by Landlord, the expenses shall be paid by Tenant together with
the next payment of Rent.
D. 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.
E. This Lease constitutes the entire agreement and understanding of the parties with respect
to the Property and subject matter hereof, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendment to this Lease must be in writing
and executed by both parties.
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". The undersigned Tenant acknowledges having read the foregoing
notification, and has executed this Lease fully aware of the aforementioned conditions.
20. Venue. This agreement shall be governed by the laws of the State of Florida as now and hereafter
in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
Wherefore, the parties hereby enter into this Lease as of the date first set forth above:
LANDLORD:
0� �ILL�-, e ��
�chreiber, Mayor
Date: l O :� O
ATTEST:
..�i
Jeffrey L. filler, City Manager
Marion Swenson, CMC, City Clerk Date: 0-
Date:
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Cell Site: FL3675B Woodmont
State: Florida
County: Broward
Signed, Wiled and delivered in the presence of:
Witness
Print Name
Witness /
Print Name:
STATE OF GEORGIA
COUNTY OF
Market: South Florida
Site Name: Woodmont
Site Number: FL 3675E
ro d as rf"ndl
sufficien y:
1
Mitchell S. Kraft, City Attorney
TENANT
Nextel South Corp., a Georgia corporation,
d/b/a Nextel Communications
BP t N e: John afaro
Ti Vice President
The foregoing instrument was acknowledged before me this. day of ; . [� /y) ��t= 2000, by John
Cafaro, as Vice President of Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is personall
to me or who has produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
!..-, {.: y: i ti�./'r• N- 1. /!-! ,. -._
Print Name
My commission expires:
State: Florida
County: Broward
Site Name: Woodmont
Site Number: FL 3575E
EXHIBIT "A"
To the Site Lease Agreement dated a7, 2000 between THE CITY OF TAMARAC, as Landlord, and Nextel
South Corp., as Tenant.
The Ground Space is a 20 foot by 30 foot area, together with a non-exclusive easement for the purpose of vehicular
ingress and egress and installation and operation of utilities, identified by the cross hatched area on the sketch below
and which is located within the real property described below:
Parcel A, TAMARAC MULTI -PURPOSE CENTER PLAT 145-6 B, according to the map or plat thereof
as recorded in Plat Book 145, Page 6 of the Public Records of Broward County, Florida.
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MOIITII
Market. -,III I Io,d.i
Site No I I .MMI
tiuc Manic \boo tniont
PREPARED BY:
Paula Ilichntan, Lsq,
Nemel South Corp,
"01 LUCiCn Wav, Suite 200
Maitland, I L 32751
RETtIItN TO:
Property Manager
Nextel youth Corp.
S51 l'ialalgar Court, Suite .300E
Maitland, I I. 32751
MEMORANDUM OF AGREEMF,NT
This Memorandum of Agreement is entered into on this A7 day of �J , 2000, by and between THE CITY OF
I'AMARAC, a Florida municipal corporation (hereinafter referred to as "Landlord") and Nextel South Corp., a Georgia corporation, d/b/a Ncxtel
('ommunications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Tenant").
Landlord and Tenant entered into a Site Lease Agreement ("Agreement") on the 02 day of 2000, for the purpose of
Installing, operating and maintaining a radio communications facility and other improvcmenis. All of the foregoing are set forth in the
Agreement.
The term of the Lease is for five (5) years commencing on I - o� 7 , 2000, ("Execution Date") and terminating at Midnight
on the day before the fifth anniversary of the Execution Date wit four (4) successive five (5) year options to renew.
the Land which is the subject of the Agreement is in Broward County, Florida, described in Exhibit A annexed hereto. The portion of the Land
being leased to Tenant (the "Premises") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written.
ATTEST: %
Marion Swenson, MC, City Clerk
Date: / vl1`2
Signed, sealc�d deliveredinthe presence of.
Witness
Print Name
I
Witness
Print Name:
LANDLORD:
�o Schreiber, Mayor
Date: t7 41L6 00
Jeffrey L. ill , City Manager
11
Date: O �/J rcr/o
TENANT
Nextel South Corp., a Georgia corporation,
d/b/a Ncx mmunications
B y:
Print N• lie John Cafaro
Title: Vice President
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Revised 1/130/97
Market: ui I ".,'i.i
Site No 11107-;B
Site Name: \1'oodmont
t'UUN I Y ()l'
Hic Imegoing urstrumcnt was acknowledged bet -ore me this day of r 11_1- 2000. .John C'afaro, as Vice
President of Nemcl South Corp, a Georgia corporation. d b a Ncxrcl CllrltMUntcatio s who is persuaujiy krimvii to me or who has produced
as identification and \\ ho did (didljoU take an oath.
WITNESS tn� hand and official seal.
Not:ky Public
Print Name
My commission expires
Revised 8/30/99
Markct. . wh I lo! i,i i
tills Nu : 11367SB
tills Name: woodmow
MEMORANDUNIOF V;RFFNIFN"r
EX1111311' .k
DESCRIPTION OF LAND
to the Memorandum of Agreement dated �.� 3000. b% and between 'T"HE CITY OF TAMARAC, as
Landlord, and Nextel South Corp., a Georgia corporati n, d/b/a Nextel Communications as Tenant.
The land is described and/or depicted as follows
Parcel A, TAMARAC MULTI -PURPOSE CENTER PLAT 145-6 B, according to the map or plat thereof as recorded in Plat Book
145, Page G of the Public Records of Broward County, Florida
Revised 8/30,99
Markel: "'uth I Irnnlu
Site No 1'1,3675B
Site Name: Wnodmont
MEMORANDUM OF AGREEMENT
EXHIBIT B
DESCRIPTION OF PREMISES
to the Memorandum of Agreement dated , ?000• by and between THE CITY OF TAMARAC, as
Landlord, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Tenant.
The Nextel Premises consists of approximately 600 square feet that includes but is not limited to shelter space, antenna space, easements, and
cable runs which is described and/or depicted as follows:
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NEU Oman
October 12, 2000
Levent Sucuoglu
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321-2401
Re: Executable documents - Nextel
Dear Mr. Sucuoglu:
Enclosed please find two (2) original Memorandum of Agreements signed by Nextel for the
approved Lease Agreement between the City of Tamarac and Nextel for the property located at 7501
North University Drive, Tamarac, Florida, which have been revised to allow for notarization of the
documents. Please forward to the appropriate parties for signature and notarization, and return one
(1) original to my attention at Nextel for recording. Keep the other original for your files.
In addition, I have enclosed two (2) original MOAs and four (4) original Lease Agreements signed by
Nextel for the property located at 9101 NW 77th Street, Tamarac, FL 33321. Please place these
items on the October 25, 2000 Commission Agenda for approval and signature. Please keep one (1)
fully executed original MOA and one (1) Lease Agreement for your files, and return the other
original MOA and three (3) Lease Agreements to Nextel.'
If you have any questions, please contact me at (954) 214-3084 (mobile)
.'Thank you,
Andrea Scarborough
Enclosures
Market: South Florida
Site No.: FL3675-B
Site Name: Woodmont
PREPARED BY:
Paula Hickman, Esq.
Nextel South Corp.
2201 Lucien Way, Suite 200
Maitland, FL 32751
RETURN TO:
Property Manager
Nextel South Corp.
851 Trafalgar Court, Suite 300E
Maitland, FL 32751
MEMORANDUM OF AGREEMENT
tr;
This Memorandum of Agreement is entered into on this :;;,k / day of 2000, by and between THE CITY OF
4
TAMARAC, a Florida municipal corporation (hereinafter referred to as "Landlord" and Nextel South Corp., a Georgia corporation, d/b/a Nextel
Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751(hereinafter referred to as "Tenant").
Landlord and Tenant entered into a Site Lease Agreement ("Agreement") on the day of 2000, for the purpose of
installing, operating and maintaining a radio communications facility and other improremeifls. All of the foregoing are set forth in the
Agreement.
The term of the Lease is for five (5) years commencing on -,-� 7 , 2000, ("Execution Date") and terminating at Midnight
on the day before the fifth anniversary of the Execution Date wifh four (4) successive five (5) year options to renew
The Land which is the subject of the Agreement is in Broward County, Florida, described in Exhibit A annexed hereto. The portion of the Land
being leased to Tenant (the "Premises") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written.
ATTEST:
Marion Swenson, CMC, City Clerk
Date: i0bile
LANDLORD:
J e chreiber, Mayor
Date: / 2-Y%
Jeffrey L./Allerftity Manager
Date: /0/#'4�
Approved as to form and legal
`sufficiency: yy
/A
i Mitchell S. Kraft, City Atto ey
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Revised 8/30/99
Market: South Florida
Site No.: FL3675-B
Site Name: Woodmont
STATE OF ROXI I �Q
COUNTY OF 154W
The foregoing instrument was acknowledged before me this 6T day of , 2000, by Joe Schreiber AND
Jeffrey L. Miller, as Mayor and City Manager, respectively, of the City of Tamarac, a Florida municipal corporation, who are personally known
to me or have produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal
Notary Public f—
M l9-�l o,4J �ENs9i�
Print Name
My commission expires:
OFFICIAL NOTARY SFAL
MARIC)N SWFN. Oj\
NOTARY PUBLIC STATE OF FLORIDA
COMMISSIO\ \O. CC605215
.._11 _ ,
TENANT
Signed, sealed elivered in the presence of: Nextel South Corp., a Georgia corporation,
d/b/a Nextel Communications
By: �
Witness /J
Print Nam , yj�of ' � (� P 'nt m . John Cafan(
Title: Vice President
Witness
Print Name: �i /6
STATE OF GEORGIA
COUNTY OF �L,.)1
The foregoing instrument was acknowledged before me this L 0 day of 2000, by John Cafaro, as Vice
President of Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is pe onal to me or who has produced
as identification and who did (djAwt) take an oath.
WITNESS my hand and official seal
NotafyLu tic ,�
n A a?. p m ej (!l_ 1 i10 rn (J'S61--
Print Name
My commission expires:
���`t►►� �of-nlwss�ay?'��
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rr1.
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Revised 8/30/99
Market: tio_ut1l ............__ Florida
Site No.: FL ........-....-
3675-B
Site Name: Woodmont
MEMORANDUM OF AGREEMENT
EXHIBIT A
DESCRIPTION OF LAND
to the Memorandum of Agreement dated C Z2000, by and between THE CITY OF TAMARAC, as
Landlord, and Nextel South Corp., a Georgia corporat on, d/b/a Nextel Communications as Tenant.
The land is described and/or depicted as follows
Parcel A, TAMARAC MULTI -PURPOSE CENTER PLAT 145-6 B, according to the map or plat thereof as recorded in Plat Book
145, Page 6 of the Public Records of Broward County, Florida
Reviscd $130/99
Market: South Ilorida
Site No.: FL3675-B
Site Name: Woodmont
MEMORANDUM OF AGREEMENT
EXHIBIT B
DESCRIPTION OF PREMISES
to the Memorandum of Agreement dated , 2000, by and between THE CITY OF TAMARAC, as
Landlord, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Tenant.
The Nextel Premises consists of approximately 600 square feet that includes but is not limited to shelter space, antenna space, easements, and
cable runs which is described and/or depicted as follows:
Revised 9/30/99
Market: South Florida
Site No.: FL3675-B
Site Name: Woodmont
MEMORANDUM OF AGREEMENT
EXHIBIT B
DESCRIPTION OF PREMISES
to the Memorandum of Agreement dated /, 2000, by and between THE CITY OF TAMARAC, as
Landlord, and Nextel South Corp., a Georgia corporat•' n, d/b/a Nextel Communications as Tenant.
The Nextel Premises consists of approximately 600 square feet that includes but is not limited to shelter space, antenna space, easements, and
cable runs which is described and/or depicted as follows:
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