HomeMy WebLinkAboutCity of Tamarac Resolution R-97-2771
Temp. Reso #8051
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- 2 77
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH OMNIPOINT COMMUNICATIONS MB
OPERATIONS, 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 Omnipoint
Communications MB Operations, 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 Omnipoint Communications MB
Operations, Inc. for the installation of a telecommunications antenna and associated
equipment.
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Temp. Reso #8051
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 Omnipoint communications MB Operations, Inc. (attached 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 Omnipoint Communications MB Operations, Inc.
approximately sixteen hundred (1,600) square feet of the land and space on the tower and
all access and utility easements, if any, as described in said agreement (attached as
"Exhibit 1 ").
SECTION 5: The payment to the City is Twenty Six Thousand Four Hundred
($26,400) 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).
SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
L
3
Temp. Reso #8051
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 this /2 day of /�%+,�,Qrt.�, 1997.
ATTEST:
CAROL A. EVANS
City Clerk
I HEREBY CERTIFY that I have
60proved this RESOLUTION as to form.
LMUCf-IELL S. KRAFT
-6ty Attorney
Omnipoint Comm unicationsAt
SCHREIBER
Mayor
RECORD OF COMMIS
MAYOR SCHREIBER i.
DIST 1:
COMM. McKAYE
DIST 2:
V/M MISHKIN
DIST 3:
COMM. SULTANOF
MST 4:
COMM. ROBERTS
ION VOTE
EXHIBIT 1
'TEMP RESO 8051.
COMMUNICATIONS SITE LEASE AGREEMENT
This Communications Site Lease Agreement ("Agreement") is entered into this 12 day of
November 1997-, between Omnipoint Communications NIB Operations, Inc., with an office at 600 Ansin
Blvd. Hallandale, Fl 33009 ("Lessee"), and the City of Tamarac, a Florida municipal corporation, with an address of
7525 NW 88`h Avenue, Tamarac, FL 33321-2401 ("Lessor").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties
hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the "Land") and a telecommunications tower (the "Tower")
located in the City of Tamarac, County of Broward, State of Florida. The Land is known as 7525 NW 88`" Avenue,
Tamarac, Florida 33321-2401 and is more particularly described in Exhibit A annexed hereto. The Tower and Land are
collectively the "Property". Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately Sixteen.
hundred (1600) square feet of the Land and space on the Tower and all access and utility easements, if any, (collectively,
the "Premises") as described in Exhibit B annexed hereto.
2. Use, The Premises may be used by Lessee for any activity in connection with the provision of communications
services ("Permitted Use").
3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement
to enter upon the property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test
borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below).
Upon Lessee's request, Lessor agrees to provide promptly to Lessee copies of all plans, specifications, surveys and
tower maps for the Land and Tower. The tower map shall include the elevation of all antennas on the Tower and the
frequencies upon which each operates.
4. Term. The term of this Agreement shall be five (5) years beginning upon the commencement of the
installation of Lessee Facilities (hereinafter defined), ("Commencement Date") and terminating on the fifth anniversary
of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have
the right to extend the Term for Three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and
conditions as set forth herein. This agreement shall automatically be extended for each successive Renewal Term unless
Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term.
5. Rent. Within thirty (30) days of the Commencement Date, Lessee shall pay to Lessor as rent Twenty Six
Thousand Four Hundred and 00/100 DOLLARS ($26,400.00) per year ("Rent"). 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 percent (105%) of the annual Rent for the last twelve month period immediately prior
to the adjustment (exclusive of sales taxes). Rent shall -be payable to Lessor at City of Tamarac, 7525 NW 88`h Avenue,
Tamarac, Florida, 33321-2401, Attention: Finance Department. The Lessee shall be entitled to a return of any pre -paid
Rent made to Lessor in the event of early termination of this Agreement.
6. Facilities: Utilities: Access.
(a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities,
including utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting
and receiving antennas and supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith,
Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations
and to install transmission lines connecting the antennas to the transmitters and receivers. All of Lessee's construction
and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner and
shall be subject to prior approval by Lessor. Title to the Lessee Facilities shall be held by Lessee. All of the Lessee
Facilities shall remain Lessee's personal property and are not fixtures, Lessee has the right to remove all Lessee
Facilities Z its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee
40.� repairs any damage to the Premises caused by such removal.
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing
utility company. Lessee
1� m►+Sf
Prepe," obtain separate utility service from any utility company that will provide service to the Property (including a
standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or easements as may be
required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the
servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by
such servicing utility company to provide utility services as provided herein.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the
Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to
Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian
and vehicular ingress and egress across that portion of the Land described in Exhibit B.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner
sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall be
responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's
use of such roadways.
7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and
other lessees or sof the Property, provided that their installations predate that of the Lessee Facilities. Lessor
shall be able to terminate this Agreement if Lessee's equipment interferes with Lessor's equipment or interferes with any
Vp other third party lessee or Lessee's equipment, provided that Lessor's equipment or such third parry's equipment is
installed on the tower as of the Commencement Date, and provided that Lessee has been unable to eliminate such
interference within thirty (30) days after notice of such interference from Lessor. If Lessor terminates this Agreement
pursuant to this paragraph, Lessee shall remove immediately its equipment from the Tower. All operations by Lessee
shall be in compliance with all Federal Communications Commission ("FCC") requirements.
r; (Ansees
ses to
(b) Subsequent to the Commencement Date, Lessor shall not permit itself, its lessees or keei3se� to install �•
new equipment on the Property or property contiguous thereto owned or controlled by Lessor, if such equipment is �� Y
likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. �j »
In the event interference occurs, Lessor shall, upon being advised of such interference by the Lessee, notify the third
party of such interference. In the event Lessor fails to comply with this paragraph, Lessee may terminate this
Agreement, and/or pursue any other remedies available under this agreement, at law, and/or at equity. In the event
Lessee fails to comply with this paragraph, Lessor may terminate this agreement, and/or pursue any other remedies
available under this Agreement, at law, and/or at equity.
(c) Lessee acknowledges that the installations of the Lessor, Broward County, and Sprint Spectrum, L.P., and Nex-h--1
predate the installation of Lessee's Facilities.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable
to the Lessee Facilities.
9. Waiver of Lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's
personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes
and financial and security agreements for the financing of the Lessee 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, Lessor (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
is recourse to legal proceedings.
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10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written
notice as folio by ither party upon a default of any covenant or term hereof by the other party, which default is
not cured within O days of receipt of written notice of default, provided that the grace period for any monetary
default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers
written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by
Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and
operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of
the FCC, including without limitation, a take back of channels or change in frequencies.
11. Casualty and Condemnation.
t
(a) If any pM of the Premises or Lessee Facilities is damaged by fire, act of God, inclement weather, or
r} other casualty (herein "Casualty") so as to prevent the continued use of the Lessee Facilities for the Permitted Use in a
commercially reasonable manner, then Lessee may terminate this Agreement by providing written notice to Lessor
within (60) days of such Casualty, which termination shall be effective as of the date of such Casualty, and upon such
termination, Lessee shall be excused from paying any further Rent and shall be entitled to a return of any pre -paid rent
made to Lessor to the extent of the unused, prepaid Term, and further, Lessee shall remove Lessee Facilities and return
the Premises to the Lessor in the condition it was prior to this Agreement, normal wear and tear excepted. In the event
Lessee does not elect to so terminate this Agreement, then Lessee, at its sole cost, shall restore the Lessee Facilities to
the condition existing prior to such damage and Lessee shall receive a Rent credit in proportion to the actual reduction
or abatement of use of the Premises or Lessee Facilities.
(b) If any part of the Premises is taken by eminent domain, or by a deed in lieu of condemnation, so as to
prevent the continued use of the Lessee Facilities for the Permitted Use in a commercially reasonable manner, then
Lessee may terminate this Agreement by providing written notice to Lessor, which termination shall be effective as of
the date of the vesting of title in such taking. Upon such termination, Lessee shall be entitled to be reimbursed for any
prepaid Rent, and Lessee shall be entitled to pursue its own separate award with respect to any taking by eminent
domain.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the
Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and
00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of
Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for
herein. Lessor shall be named as an additional insured on the Lessee's policy. Lessee shall provide to Lessor a
certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement
Date.
13. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this
Agreement or the Premises without the prior written consent of Lessor, provided, however, that Lessee 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 Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee,
subject to the assignee assuming all of Lessor's obligations herein, including but not limited to those set forth in
Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign,
mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing
entity, or agent on behalf of any financing entity to whom Lessee (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.
Qa*1+
14. Warranty of Title and Ontki Enioymeat. Lessor warrants that: (i) Lessor owns the Property in fee simple
and has rights of access thereto and the Property is free and clear of all liens, encumbrances and restrictions; (ii) Lessor
has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee
paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed
and performed, Lessee may peacefully and quietly enjoy the Premises. Notwithstanding the foregoing, in the event
Lessor's title or control over the Premises is challenged in such a manner so as to call into question the Lessee's use
thereof pursuant to this Agreement, then Lessor agrees to defend such challenge at Lessor's cost and expense; and
Lessee may utilize the Premises until, if ever, a final adjudication is received which prevents Lessee's continued use of
the Premises or makes this Agreement invalid; and if such final adjudication is made, then Lessee shall be solely entitled
to be excused from paying all further Rent, and shall receive a return of a prorated share of its advance Rents and any
other amounts prepaid by Lessee.
15. Repairs. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs shall
be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon
expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution
hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted.
16. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous
Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and
agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or
0..> permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Land in
violation oany law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store
or dispose y Hazardous Material on, under, about or within the Land in violation of any law or regulation. As used in
this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by
the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or
waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This
paragraph shall survive the termination of this agreement.
17. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and
supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any
amendments to this Agreement must be in writing and executed by both parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder
of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or
unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefits of the successors and permitted assignees
of the respective parties.
(d) Any notice or demand required to be given herein shall be made by certified or registered mail, return
receipt requested, or reliable overnight courier to the address of the respective parties set forth below:
Lessor: City of Tamarac
7525 NW 88`h Avenue
Tamarac, Florida 33321-2401
Attention: City Manager
Lessee: Omnipoint Communications, Inc.
600 Ansin Blvd.
Hallandale, Florida 33309
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party.
All notices hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Florida; venue is Broward County,
Florida.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will
be recorded by Lessee in the official records of the County where the Property is located. In the event the Property is
encumbered by mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non -disturbance and
. attornment instrument for each such mortgage or deed of trust.
(g) Lessee may obtain title insurance on its interest in the Premises. Lessor shall cooperate by executing
documentation required by the title insurance company.
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(h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be
Is given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent.
(i) All Riders and Exhibits annexed hereto form material parts of this Agreement.
0) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original.
18. Tower Markineand Lighting Requirements. Lessor acknowledges that it, and not Lessee, shall be
responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration
("FAA") and the FCC. Should Lessee be cited by either the FCC or FAA because the Tower is not in compliance and
should Lessor fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee
may either terminate this Agreement immediately on notice to Lessor or proceed to cure the conditions of
noncompliance at Lessor's expense, which amounts may be deducted from the Rent.
19. Governmental Approvals. It is understood that it shall be Lessee's sole responsibility to obtain, at Lessee's
sole cost and expense, any and all permits, consents and approvals from local, state or federal governmental authorities
as required by Lessee to construct and operate the Lessee Facilities (collectively, the "Governmental Approvals").
Lessor agrees to cooperate with Lessee at no cost to the Lessor and to execute such documents reasonably required to
obtain the Governmental Approvals, with the exception of approvals required from the City of Tamarac. The making of
this Agreement does not constitute an abrogation of the Lessor's governmental land development regulatory power, and
the Lessee's performance is contingent upon all such development approvals being obtained. Should the City of
Tamarac or another governmental authority agency with jurisdiction not approve any required application for
development approval, prerequisite to the installation or operation of the Lessee Facilities, this Agreement shall become
automatically null and void as if same never existed and so as to not be the basis in any respect for a damage claim as a
result of such denied development order.
20. Compliance with Laws. Lessor represents that Lessor's property (including the Site), and all improvements
located thereon, are in compliance with building, life/safety, disability and other laws, codes and regulations of
applicable government authorities. SC106I will comply with all applicable laws relating to its possession and use of
c the Site. "SCI&
U
(SIGNATURES ON NEXT PAGE)
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under
each signature. CITY OF TAMARAC, through its Mayor and City Managed signing by and through
each duly authorized to execute same.
ATTEST:
7
Carol A. Evans, CMC
City Clerk
is Date: November 12, 1997
LESSOR:
CITY OF TAMARAC
a Florida municipal corporation
Name:
5 Joe Schreiber, Mayor
•
Witness
Print Name:
Witness
Print Name:
� � I
Witness �)
'Print Name:
zjh'xa'�'t
Witness
Print Name: ��
Witness
Print Name: 55y[tc >.
STATE OF FLORIDA
COUNTY OF BROWARD
Print: Joe Schreiber
Title:
Name: ` e
Print: R ab e r t- Noe, T ,
Vl
as
Mitobliell S-. Kraft,
City Attorney
LESSEE:
Omnipoint Communications, Inc.
600 Ansin Blvd.
Hallandale, Florida 33309
Name:
Print: LIqyx.( r-ri
Title: �CG t4 f P r
Date:
(NOTARIES ON NEXT PAGE)
Joe Schre'be
The foregoing instrument was acknowledged before me this 12 day of Nov 199 % by Mayor o the ity ofrTamarac, a
Florida municipal corporation, who i onally known me or has produced as identification and who di td not a an oath.
n
and and official seal
l;
No Public
c' IR PQ, OFFICIAL NOTARY SEAL
Phyllis Polikoff _ e F
Print Name ;� :r �n PHYLLIS POLIKOFF
My Commission expires: "' ar COMMISSION NUMBER
OtiP UB OFFICIAL NOTARY SEAL C C 3 9 03 9 2 4
STATE OF FLORIDA �i0 PHYLLIS POLIKOFF "y COMMISSION EXP.
* t * COMMISSION NUMBER
' Q CC390392
MY COMMISSION EXP.
o� fro SEPT 23 199a
•
COUNTY OF BROWARD
Robert S. Noe, Jr.
The foregoing instrument was acknowledged before me this 12 day ofNO V 199 7 by as City Manager of the City of
Tamarac, a Florida municipal corporation, who i
take an oath. ersonall kno o me or has produced as identification and who di id not
d ffi oci seal
7ZW'
Notary Aiblic
Ph llis Polikoff
Print Name
My Commission expires:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ti day of uro%r 1997
Communications MB Operations, Inc. o :s ersonally known o r has produced
an oath.
WITNESS my hand and official seal
IF-7rt
Notary c
Pent Name
My Commission expires:
RY Pt/ OFFICIAL NOTARY SEAL
OAP Q!i PHYLLIS POLIKOFF
k W71 * COMMISSION NUMBER
Q CC320392
4Q MY COMMISSION EXP.
OF F%.O SEPT 23,19
� .w S. '
by I of Omnipoint
as identification and who did/did not take
y P. JULIA E. SCHNELL
CiI iiii ; # CC 627427
EXPIRES JAN 24, 2000
10F4VATtA#MC6M0fNGC0.,;NC.
EXHIBIT A
DESCRIPTION OF LAND
To the Agreement dated _ Novemhe r 12 , 1993 _, by and between City of Tamarac, a Florida
Municipal corporation, as Lessor, and Omnipoint Communications, Inc., as Lessee.
The Land is described and/or depicted as follows:
LEGAL DESCRIPTION PARENT TRACT: Parcel "A" TAMARAC MUNICIPAL COMPLEX PLAT,
according to the Plat thereof, as recorded in Plat Book 133 at Page 41 of the Public Records of Broward
County, Florida.
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—'BLACK &
VEATCH
r W
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EXHIBIT B
Owner !N7 i 01 H r
Computed
�
By
Plant
Unit
Date
Project No. _--36rps�
File No.
Verified By
Title 1 /
Date
1 g
_
Page
9
of
Add
F -for 131-31 --
_ - 411.4c1,,4y
v `
F_N
.SPr-inT
— - �mnipoihr_
3'- Yo TvJ*
--- - - - ' - - - ---I
__,vim FE cE _ ., � - • - - _ - . _ .._ . _-------• - - • ----- - - ... _ -�- -•
601 A,
_
_ �— _
nleu�F�niE
._ i4r5A u T
ao
re i ___� __ _.. �. _ _ -
- - rE.�
,j
_ _ _
REVISED, SUPERSEDED, AND VOID CALCULATIONS MUST pr CLEARLY
cn
EXHIBIT C
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this 12 day of Nov , 1997 by and between City
of Tamarac A Florida Municipal corporation, with an address at 7525 NW 88W `Avenue, Tamarac, FL 33321-
2401 (hereinafter referred to as "Lessor") and Omnipoint Communications MB Operations, Inc., 600 Ansin
Blvd., Hallandale, FL 33009 (hereinafter referred to as "Lessee").
Lessor is the owner of a parcel of land located in Broward County, Florida, described in the attached Exhibit
"A„ ("Land").
Lessor and Lessee entered into a Communication Site Lease Agreement ("Lease") on the 12 day of
Nov. , 1997 for a portion of the Land ("Premises") together with the non-exclusive right, privilege, and
easement over and across a portion of the Land for access and utility service thereto, described in the attached
Exhibit "B:, for the purpose of installing, operating, and maintaining a radio communications facility and other
improvements.
The term of the Lease is for five (5) years commencing on Nov. 121997, and ending on Nov. 11 ,
2002 with three (3) successive (5) year options to renew.
Lessor shall not permit itself, its lessees, or licensees, to install new equipment on the Land if such equipment
causes interference with Lessee's operations.
Nothing contained herein is intended to or does change, modify, or affect, any of the terms or provisions of the
Lease or the rights, duties, obligations, easements, and covenants running with the land created thereby, all of
which remain in full force and effect.
IN WITNESS WHEREOF, the parties have trade and executed this Memorandum of Agreement on the
respective dates under each signature. CITY OF TAMAR.A.C, through its Mayor and City Manager, signing by
and through each both duly authorized to execute same.
ATTEST: LESSOR:
CITY OF TAMAR.AC
a Florida municipal corporation
Date:
November 12, 1997 Name:
Witness Print' ,Toe Schreiber
Print Namet� Title. M or
Date: November 12, 1997
Witness
Print Name:
itness
I Print Name:,,� LZU AJU
Name
Print: arol A. Evans, CMC
Title: City Clerk
Date:. November 12, 1997
Name:
Print. Robert S . Noe, J r
Title: City Manaqer
rney
(SIGNATURES CONTINUED ON NEXT PAGE)
9
•
LESSEE:
Omnipoint Communications, Inc.
600 Ansin Blvd.
Hallandale, Florida 33309
Name:
Print ► ry %
Title: " ire CAr--
Date: / / '- O 1
Print Name: : z< � t> -�e � Lr
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 12 day of NOV 199
Florida municipal corporation, who i ersonally own me or has produced
Phyllis_Polikoff
Print Name
My Commission expires:
STATE OF FLORIDA
COUNTY OF BROWARD
Joe Schreiber
7 by , Mayor of the City of Tamarac, a
as identification and who di<EnoIake an oath.
IZY PU OFFICIAL NOTARY SEAL
0 fez PHYLLIS POLIKOFF
* * COMMISSION NUMBER
Q CC390392
yi ��O MY COMMISSION EXP.
Boa F\. SEPT 23 1998
Robert S. Noe Jr.
The foregoing instrument was acknowledged before me this 12 day of NO V 199 7 by , as City Manager of the 6ity of
Tamarac, a Florida municipal corporation, who is ersonally known me or has produced as identification and who diddi not
take an oath.
Phyllis Polikoff
Print Name
My Commission expires:
STATE OF FLORIDA
COUNTY OF
F��y:3i'rIC AL NOTARY SEALPHYLLIS POLI3 9KOFF COMMISSION NUMBERCC39010MY IOMMISSION EXP. 51 iaT 23 1998
The foregoing instrument was acknowledged before me this 'A day of �J 199-7 by I of Omnipoint
Communications MB Operations, Inc. o is ersonall known o me r has produced as identification and who did/did not take
an oath.
WITNESS my hand and official seal
a1 P JUUA E. SCHWELL
Notary Put& 00Q4I KON # CC W427
EXPW= JAN 24,290Q
p ATLANTIC U NDINGNG CO., INC.
Print Name
My Commission expires: II
10
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Project No.26 ,_�-RS— File No. Verified By
Title /0 Date 19
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