HomeMy WebLinkAboutCity of Tamarac Resolution R-97-078March 25, 1997 - Temp. Reso. #7539 1
Revision No. 1 - March 31, 1997
Revision No. 2 - April 9, 1997
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97-79
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE PCS SITE
AGREEMENT WITH SPRINT SPECTRUM
LIMITED PARTNERSHIP FOR THE
INSTALLATION OF A
TELECOMMUNICATIONS TOWER ON CITY
PROPERTY; CASE NO.2-MI-97; PROVIDING
FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFEQTIYE DATE.
WHEREAS, the City Manager has negotiated an agreement with Sprint Spectrum
Limited Partnership for the installation of a telecommunications tower on City property; and
WHEREAS, additional telecommunications towers in the City will enhance the
quality of wireless telephone reception; and
WHEREAS, the Senior Planner recommends 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 Sprint Spectrum Limited
Partnership for the installation of a telecommunications tower on City property; Case No.
2-MI-97.
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March 25, 1997 - Temp. Reso. #7539 2
Revision No. 1 - March 31, 1997
Revision No. 2 - April 9, 1997
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: 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: That the City authorizes the appropriate City Officials to execute
the PCS Site agreement with Sprint Spectrum Limited Partnership for the installation of a
telecommunications tower on City property; Case No. 2-MI-97 (Attached hereto as Exhibit
SECTION 3: That 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: That the City leases to Sprint Spectrum Limited Partnership an
area of one -thousand (1,000) square feet t on which Sprint Spectrum will erect a tower
which will house Sprint Spectrum equipment. The tower will be given to the City as
stipulated in the Agreement. The payment to the City is Twenty -Four Thousand Dollars
($24,000.00) per year with cost of living adjustment for subsequent years.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
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March 25, 1997 - Temp. Reso. #7539 3
Revision No. 1 - March 31, 1997
Revision No. 2 - April 9, 1997
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to firm/.
MI CHELL S. KRAFT
CITY ATTORNEY
comm dev\c:\userdata\wpd8t8\res\7539reso\ps
9 day of 1¢-AVL , 1997.
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR -62949 : % g,..kLe
DIST 2: tdL.....
DIST 3. vL O
DIST 4: - a
OWNER
ORIGINAL
To Be Executed As Indicated
and Returned To Owner
MASTRIANA (.7z CHRISTIANSEN, PA
0
PCS SITE AGREEMENT
Site Name Tamarac City Hall Site I. D. BRO5910
Premises and Use. Owner leases to Sprint Spectrum L.P., a Delaware limited partnership ('SSLP"), the site described below.
jGheck appropriate box(es)]
Real property consisting of approximately 1000 square feet of land;
❑ Building Interior space consisting of approximately square feet;
❑ Building exterior space for attachment of antennas;
❑ Building exterior space for placement of base station equipment;
❑ Tower antenna space;
❑ Space required for cable runs to connect PCS equipment and antennas,
in the location(s) ('Site) shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto and to the
appropriate, In the discretion of SSLP, source of electric and telephone facilities. The Site will be used by SSLP for the purpose
of Installing, removing, replacing, maintaining and operating, at its expense, a personal communications service system facility
('PCS"), including, without limitation, related antenna equipment and fixtures. SSLP will use the Site In a manner which will not
unreasonably disturb the occupancy of Owner's other tenants.
2.
Tem0w term of this Agreement (the'Initial Term") shall commence on the date SSLP signs this Agreement, or if SSLP signs
first, the date Owner signs this Agreement. The Initial Term shall be the period of time from that date to the Sth anniversary of the
Rent Start Date. This Agreement will be automaticalty, renewed for four additional terms (each a "Renewal Term") of five years each
commencing on each five year anniversary of the Rent Start Date, unless SSLP provides Owner notice of intention not to renew
not less than 90 days prior to the expiration of the Initial Term or any Renewal Term.
3.
Rent. Rent will carrurre oce on the Rent Start Date. Rent will be paid annually in advance beginning on the Rent Start Date and on
each anniversary of it. The Rent Start Date shall be the earlier of (a) the date which is 30 days after the issuance of a building
permit for installation of the PCS, or (b) the twat day of the month following commencement of physical preparation of the Site. The
annual rent will be $24,000.00, partial years to be prorated. The annual rent will be increased by four percent (4%) per year.
4.
Title and Quiet Possession. Owner represents and agrees (a) that it is the Owner of the Site; (b) that it has the right to enter into
this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that SSLP Is entitled to access to the Site
at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as SSLP is not in
default beyond the expiration of any cure period; and (e) that Owner shall not have unsupervised access to the Site or to the PCS
_.
equipment.
5.
Assignment/Subletting. SSLP will not assign or transfer this Agreement without the prior written consent of Owner, which
consent will not be unreasonably withheld, delayed or conditioned; provided, however, SSLP may assign without Owner's prior
written consent to any party controlling, controlled by or under common control with SSLP or to any party which acquires
substantially all of the assets of SSLP. SSLP may sublet the Site but shall remain fully liable to Owner under this Agreement.
a.
Notices. Ali notices must be in writing and are effective when deposited In the U.S. mail, certified and postage prepaid, or when
sent via overnight delivery, to the address set forth below, or as otherwise provided by law.
7. Irnprovements5SI-P may, at its expense, make such Improvements on the Site as it deems necessary from time to time for the
operation of a transmitter site for wireless voice and data communications. Owner agrees to cooperate with SSLP with respect to
obtaining any required zoning approvals for the Site and such improvements. Upon termination or expiration of this Agreement,
SSLP may remove its equipment and improrernents and will restore the Site to the condition existing on the commencement of this
Agreerne t, except for ordinary wear and tear. Upon request, Landlord will waive or otherwise subordinate any lien rights it might
have in order to facilitate SSLP's financing of the said improvements and will execute such documents as may be reasonably
necessary so to do.
8. Compliance with Laws. Owner represents that Owner's property (including the Site), and all Improvements located thereon, are
In substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental
authorities. SSLP will substantially comply with all applicable laws relating to its possession and use of the Site.
9, kdarferenceSSLP will resolve technical Interference problems with other equipment located at the Site on the commencement
of this Agreement or any equipment that becomes attached to the Site at any future date when SSLP desires to add additional
equipment to the Site. I-Mwise, Owner will not permit the Installation of any future equipment, upgrades or enhancements by others
which results in technical interference problems with SSLP's then existing equipment.
10, Utilities. Owner represents that utilities adequate for SSLP's use of the Site are available. SSLP will pay for all utilities used by
it at the Site. Owner will cooperate with SSLP In SSLP's efforts to obtain utilities from any location provided by Owner or the
servicing utility.
11. TerminationSSLP may Wmkv to this Agreement at any time by notice to Owner without further liability if SSLP does not obtain
all permits or other approvals (collectively, "approval") required from any governmental authority or any easements required from
any third party to operate the PCS system, or if any such approval is canceled, expires or is withdrawn or terminated, or if Owner
fails to have proper ownership, or appropriately clear title to the Site or authority to enter into this Agreement, or if SSLP, for any
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other reason, In Ile sole discretion, determines that it will be unable to use the Site for Its intended purpose. Upon termination, on
prepaid rent shall be retained by Owner.
12. Default. If either party is in default under this Agreement for a period of (a) 10 days following receipt of notice from the non -
defaulting party with respect to a default which may be cured solely by the payment of money, or (b) 30 days following receipt of
rrotioa irarn qe non-defauIn g party with respect to a default which may not be cured ad* by the payment of money, then, In either
went, the non defaulting party may pursue any remedies available to lt against the defaulting party under applicable law, krduding,
but that Rrnited to, Mee right to terminate this Agreement. If the non -monetary default may not mosonobly be cured within a 30 day
period, this Agreement may not be krnlnated K the defaulting party commences action to cure the default within such 30 day period
and proceeds with due 0genos to My cure the default.
13. indernityOwner and SSLP each Inderrnifles the other against and holds the other harmless from any and all costa (indudirp
teasonable Momrys fees) and aoIma of fabltRy or loss which arise out of the use and/or occupancy of the Site by the Indernra tg
party. This ind n nity does not apply to any claims arising from the sole negrrgenos or Intentional misconduct of the indemnified
party.
14, Hazardous Substances. Owner represents that it has no Ivrowiedge of any substance, chemical or waste (collectively, 'sub-
stance*) on the Site that Is identified as hazardous, toxic or dangerous In any applicable federal, state or local law or regulation.
SSLP shalt not Introduce or use any such substance on the Site In violation of any applicable law.
Is. Miscellaneous. (a) This Agreement applies to and blonds the heirs, successors, executors, administrators and assigns of the
parties to this Agreement; (b) This Agreement Is governed by the laws of the State in which the Site Is located; (c) If requested
by SSLP, Owner agrees promptly to execute and deliver to SSLP a recordable Memorandum of this Agreement In the form of
Exhibit B; (d) This Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all
prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this
Agreement must be In writing and executed by both parties; (a) 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 time as to whore
it Is held Invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the
fullest extant permitted by law; and (Q The prevailing party In any action or proceeding In court or mutually agreed upon arbitration
proceeding to enforce the terms of this Agreement Is entitled to receive Its reasonable attorneys' fees and other reasonable
enforcement costs and expenses from the norrprevailing party.
The following Exhibits are attached to and made a part of this Agreement: Exhibit A, B C, D. E and Addendum.
OWNER: CITY OF TAMARAC, a municipal corporation of the State of Florida
By: Rnhp rt• S _ Nnp' .T r _
Its:
S.SJTax No.:
Addnass: 2529 Nnrthwpct RRt-h AvAn�ia
Dote:
SPRINT SPE ■ Delawaro
By:
Its.
Address: §§1-S.W.76thAvenue. Building •e". Second_Floor
Date:
LEGAL
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ADDENDUM TO PCS SITE AGREEMENT
Site Name: City of Tamarac _ T� Site I.D. BRO5910
as follows:
as follows:
THIS ADDENDUM modifies and amends the PCS Site Agreement referred to. herein
1. Modification of Paragraph 1- Premises and Use: Paragraph 1 is modified
The present intention of SSLP is to build a 170 foot tower on the Site.
SSLP will locate as many Sites in the City of Tamarac as possible
given financial, RF and other constraints within which SSLP works.
The Site will be used by SSLP for the purpose of installing, removing,
replacing, maintaining and operating, at its expense, a personal
communications service system facility ("PCS") including related
antenna equipment and fixtures. The City owns and controls all parts
of the Site. SSLP intends to locate at 150 feet above ground level.
The City may lease at its own discretion and without interference from
SSLP any location on the Tower not rented by SSLP.
02. Modificationof Paragraph 4: Subparagraph (e) of Paragraph 4 is deleted
and the following is inserted in its place and stead:
(e) that City shall not have unsupervised access to the PCS
equipment. City may have unsupervised access to the site for any
valid purpose.
3. Modification_ of Paragraph 5: Notwithstanding anything to the contrary
contained in the PCS Site Agreement, the City may, should such uses not interfere with the operation
or maintenance of the SSLP installation, install such other equipment on the Tower as it may, from
time to time, deem appropriate for its own use and benefit and in such event, shall pay no rent to
SSLP for the use of the Tower. In the first sentence of Paragraph 5, the phrase "which consent will
not be unreasonably withheld, delayed or conditioned" is deleted and the following is inserted in its
place and stead:
" ... which consent will not be unreasonably withheld or delayed."
In addition, the last sentence of Paragraph 5 is hereby deleted in its entirety
and the following is inserted in its place and stead:
"The City may lease or sublease the Site at any time for any purpose
which does not interfere with the operation or maintenance of the
Ini 'al Ini ' s
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SSLP installation. SSLP may sublease only its own equipment and
space it occupies on the Site."
"This Agreement may not be subleased at any time except as to those
parties in the aforementioned Paragraph 5 without the written consent
of the City. However, Should the City consent to a sublease
arrangement, then any subtenant which co -locates on the Tower with
the consent of the City, shall be treated in the following fashion:
• All rent or other revenue to be paid by the co -locating
tenant for the privilege of installing its equipment on
the pole shall inure to the benefit of the City; and
• The City agrees to allow SSLP the right to request and
receive from any co -locating tenant the sum of
$30,000.00; and
• Broward County's use of the Tower shall be excluded
from the $30,000.00 fee of the aforementioned
paragraph, and the County will be relocated on the
Tower at SSLP's expense; and
• SSLP shall not interfere with the City's leasing of any
available space on the Site. It is within the right of the
City to lease space on the Tower to any party
interested in leasing said space. SSLP's collection of
the co -locating fee is a contractual matter between
SSLP and the co -locating tenant, and SSLP shall not
attempt to influence or enforce the collection of said
co -locating fee. Upon the request of the City, SSLP
shall advise as to whether it is going to request the
$30,000.00 fee from a co -locating tenant of the City.
City agrees to use its best efforts to enforce this clause
to assist SSLP in the recovery of its capital
investment."
4. Modification of Paragraph 7: In the first sentence of Paragraph 7, the
phrase "wireless voice and data communications" is deleted and the following is substituted in its
place and stead:
" ... wireless voice and wireless data communications ..."
5. Modification_of Paragraph_8: In the first sentence of Paragraph 8, the
word "substantial" is deleted. In the last sentence of Paragraph 8 the word "substantially" is deleted.
A
Initi is
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0 In addition, the following is inserted at the end of Paragraph 8:
"The validity, construction and effect of this Agreement shall be
governed by the laws of the State of Florida. Any claim, objection or
dispute arising out of the terms of this Agreement shall be litigated in
the Seventeenth Judicial circuit in and for Broward County, Florida."
6. Modification of Paragmh 11: The following is added to Paragraph I 1 of
the PCS Site Agreement:
"City may terminate this Agreement for cause ("Cause" being defined
as SSLP's material uncured default) by providing a ninety (90)
calendar written notice to Tenant. However, Tenant shall be given the
opportunity to correct any default within sixty (60) calendar days of
receipt of written notice. This Agreement shall not be terminated if
such default is of a nature that it cannot be cured in sixty (60) calendar
days and Tenant is diligently proceeding to cure such defect."
"In the event of termination of this Agreement by Tenant, all rental
fees paid prior to said termination date shall be retained by the city.
In the event this Agreement is terminated by City during the Initial
Term, the rental fees shall be prorated as of the termination date and
the balance of such rental fees shall be returned to Tenant."
7. Modification of Paragraph_ 11 Nothing contained herein is a waiver of the
City/Owner's sovereign immunity or other limitation of liability under the law.
8. Modification of Paragraph 15: Paragraph 15(b) of the PCS Site Agreement
is deleted. The remainder of Paragraph 15 is unchanged.
9. City's Approval_ Rights: City will have the right to approve in advance the
aesthetics and location of the SSLP equipment to be located on the Site. However, the following
provisions shall apply: (i) the City's approval will not be unreasonably withheld; (ii) approval of the
City will be given with due regard for RF engineering specifications and other technical requirements
that are required to make the installation both workable and function at its optimal capacity; (iii)
SSLP will complete the installation with due regard for aesthetic considerations and in compliance
with all appropriate codes, ordinances, permits and the like; (iv) Owner's approval or disapproval
must be given within a reasonable period of time, noting that time is of the essence, to allow for
compliance with controlling law and procedures; and (v) this pertains to the original installation only.
However, any upgrades will not require City's approval. Upgrades for the purpose of this paragraph
are defined as de minimis changes that do not affect the load on the Tower and do not include the
addition of any extra equipment.
10. Limitation as to Crossing Cily Easements or Right of Wa • Nothing
. contained in the PCS Agreement shall be construed so as to permit SSLP to cross any City easements
Initi is I ' ' is
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or rights of way with any cable or installation of any kind except to use such easements as may be
necessary to gain access to construct or maintain its tower installation.
11. Addendum Controls: In the event of a conflict between the PCS Site
Agreement and this Addendum, this Addendum shall control.
12. I!CS Agreement Remains In Effect: All terms and conditions of the PCS
Site Agreement and Exhibits thereto which are not inconsistent herewith remain in full force and
effect.
c bffioe\wpwin\v4xlm\sp*d%sddaWum.for
OWNER: CITY OF TAMARAC
By: Robert S. Noe, Jr.
S.S./TaxNo.: 59-1039552
Address: 7525 Northwest 88th Avenue
Tamarac Florida 33321
Date:
SPRINT SPECTRUM L.P., a Delaware limited
paftnershipj
By:
Its: B8c0 irector
Address: 861 S.W. 78th Avenue. 2nd Floor
Buildin "B" Plantation 33324
Date:
APPROVED
��vltrS.tQa,p �R+1�R A OOtAQre.
LEGAL
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C,
EXHIBIT A
Site Description
Site Name: Tamarac Civ Hall Site I, D. BR05910
site situated in the City of Tamarac, County of Browa M, State of Florida commonly desaribod as follows:
Lego! Description:
Parcel "A', of TAMARAC MUNICIPAL COMPLEX PLAT, according to the Plat thereof, as
recorded in Plat Book 133, Page 41, of the Public Records of Broward County, Florida.
UwnerInitials 4\'-' .
SSLP bwals
Ndw Omw and SSIR array. at SSIX's option, repluo this Exhlit with an ad&it Eating forth the legal detaription of the Fwaty on which the site is
Waatod aadlar m arbuilt depiatLag the site.
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X��
This instrument prepared by:
Michael Christiansen
Mast<iana & Christiansen
2750 North Federal Highway
Fort Lauderdale. Florida 33306
Return this instrw=t to:
Michael Christiansen
Mastriana & Christiansen
2750 North Federal Highway
Fort Lauderdale, Florida 33306
Do not write above this line - this space reserved for recording purposes
EXHIBIT B
Site Name: Tamarac City Hall PCS Site Agreement Site ID: BRO5910
Memorandum of PCS Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dathp r i 1 9
1997, between City of Tamarac ("Owner'), whose address is 7 5 2 5 NW 8 8 Ave . Tamara print
Spectrum, LP., a Delaware limited partnership ("SSLP"), whose address is 1161 S.W. 781h Avenue, Building "B", Second
Floor, Plantation, Florida 33324 the tmms and conditions of which are incorporated herein by reference.
7525 NW 88 Avenue
Such Apoement provides in part that Owner leases to SSLP a certain site located at Tamarac FL 33321
(may of Tamarac Camnty of B rowa rd , State of Florida, within the property of Owner which is described
in Exhibit "A" attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone
fatalities for a term of five (5) years commencing on A p r i 1 9 ,1997, which term is subject to four (4) additional
five (5) year extension periods by SSLP.
Not later than thirty (30) days following the cancellation, termination or expiration of the Agreement, SSLP will make,
execute and deliver to Owner an instrument, in form and substance reasonably satisfactory to Owner, m recordable form,
releasing this memorandum of PCS Site Agreement.
IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written.
Signed, sealed and delivered in the presence of:
Printed Name: /t,144 u 'i
�1
Printed Name:,
Carol A. Evans, CMC, City Clerk
"OWNIIt"
CITY F C
By: 1 >�
Printed Name: Robert S. Noe. Jr.
Title: city maaagax—
Date: April 9, 1997
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STATE OF FLORIDA
COUNTY OF BROWAR
The foregoing instrument was acknowledrd fore me this 9 day of Ap r i 1 . 1997, by
ar Joe Schreiber was City Manager
of City o f Tamar c e corporation, on behalf of the corporation
or by partner (or agent) on behalf of . a
parity . He/she ' arson 'to me or provided as identification and hetshe
an oath.
(AFFIX NOTARIAL SEAL)
My Commission expires:
�iV PV oFFIC1AL NOTARY SEAL
♦P '9e PHYLLIS POLIKOFF
2 GOMMISSION NUMBER
t CC390392
'Ile
wv ¢� MY COMMISSION UP.
Foy FVo SEPT 23 1998
Signed, sealed and delivered in the presence of
MA- I C !0VII
r
STATE OF FLORIDA
COUNTY OF BROWARD
1VL-
(Official Notary Si
Notary Public, State of F l o r i d a
Printed. typed or Stamped Name of Notary
Commission Number: CC 390392
"SSLP"
Sprint Spectrum, L.P., a Delaware limited
partnership
BY �!--�
A��7
Printed Name: hLarvi Little
Title: FAQ Directgf _
Date: $
Address: „8615-W. 781h Avenue
t�
The foregping instrument was acknowledged before me this R ' day of .. PrP R t L , 1997 by
asE&O Lk= of Spjt 5pcctMML.P. . a _Delaware limited partnership rs personally known
to me or has provided as identification and he did/did not take an oath
(AFFIX NOTARIAL SEAL)
My Commission expires:
JOYCE ROGES S
x o Commission # CC 4717
y Expires March 10,1998
r. B�ndad Through
A':! .;as:trante samces
(06xeialtary Signature
Notary Public, State of ��L n R l 0 Ar
3dycE Roc-e7p-s
Prirtod, typed or Stamped Name of Notary
Commission Number.
& Mayor
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0 EXIIIBTT KC"
Site Name: Tamarac Cljy Hall PCS Site Agreement site ID: BR05910
Subordination and Non -Disturbance
The faeping Agmunent is subordinate to any mortgage or dead of trust now of record against the Site. However, pr=pdy
after the Agra men t is fury mowed, Owner will reg eat the holder of any such mortgage or deed of trust to mecto a non.
disturbance agrew=L and Owner will 000perato with SSLP toward suoh end to the extent that such 000peration does not
cause Owner additional financial liability or administrative expense.
TheOhML.rirgofa non -disturbance agreement is a material inducement to SSLP making, executing and delivering this
Agr omen& Consequently, If owner is unarble to obtain from the holder of any such mortgage or deed of trust a non -
a shwbance agreement on or before the earlier of 01 90 days after Owner executes this Agreement or (&) the issuance
of the buiong permit for installation of the PCS or (lu) unless otherwise specified in writing by SSLP, SSLP may
terminate this Agreement by notice to Owner without further liability.
Owner initials
SSI.P initials
0-
0 SIT KD"
PCS Site Agreement
Site Name Tamarac Cfty H Site L D. M95910
SSLP will procure and maintain a public liability policy, with limits of $1,000,000 for bodily injury,
$1,000,000 for property damage, $2,000,000 aggregate, with a certificate of insurance to be furnished
to Owner within 30 days of written request. Such policy will provide that cancellation will not occur
without at least 15 days prior written notice to Owner.
Name Insured: Cites of Tamarac
•
0
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C,
•
Site Name: Cii X of Tamarac
PCS Site Agreement
live 1. 1 1 0 .l�%
Site I. D. BR05910 _
A. Owner will have the one-time right to relocate the communications facility of SSLP, or anry part thereof
to an alternate ground location on Owner's property and/or to space within and/or on top of a building
situated on Owner's property (the "Building'); provided, however, that such relocation will (1) be at
Owner's sole cost and expense, (2) be performed exclusively by SSLP or its agents, (3) not result in any
interruption of the communications service provided by SSLP on Owner's property, (4) not impair, or
in any manner alter, the quality of communications service provided by SSLP on and from Owner's
properly, and (5) be done in accordance with the terms and conditions contained in paragraphs B. and
C. below. Upon relocation of the communications facility of SSLP, the access and utility easement(s)
of SSLP will be relocated as required, in the sole discretion of SSLP, to operate and maintain the
communication facility of SSLP.
B. Owner will exercise its relocation right under Paragraph A., above, by (and only by) delivering written
notice (the "notice) to SSLP. In the notice, Owner will propose an alternate site on Owner's property
to which SSLP may relocate its communications facility. SSLP will have sixty (60) days from the, date
it receives the notice to evaluate Owner's proposed relocation site, during which period SSLP will have
the right to conduct tests to determine the technological feasibility of the proposed relocation site. If
SSLP fails to approve of such proposed relocation site in writing within said sixty-day period, then SSLP
will be deemed to have disapproved such proposed relocation site. If SSLP disapproves such relocation
site then Owner may thereafter propose another relocation site by notice to SSLP in the manner set forth
above. Any relocation site which Owner and SSLP agree upon in writing is referred to hereinafter as the
"Relocation Site". SSLP will have a period of ninety (90) days after execution of a written agreement
between the parties conning the location and dimensions of the Relocation Site to relocate (at Owner's
expense) its communications facility to the Relocation Site.
C. Upon relocation of the communications facility of SSLP, or any part thereof, to the Relocation Site, all
roes to the Site in the Agreement will be deemed to be references to the Relocation Site. Owner and
SSLP hereby agree that the Relocation Site (including the access and utility right of way) may be
surveyed by a licensed surveyor at the sole cost of SSLP, and such survey will then replace Exhibit A
and become a part hereof and will control or describe the Site. Except as expressly provided in this
Exhibit, Owner and SSLP hereby agree that in no event will the relocation of the communications facility
of SSLP, or any part thereof, under Paragraph A., above, affect, alter, modify or otherwise change any
of the terms and conditions of the foregoing Agreement.
Owner Initials SSLP Initials
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is
AUTHORIZATION
OWNER'S SWORN TO CONSENT
PERNMMUNG TENANT TO FILE FOR A HEARING
I, Robert S . Noe. J r . , being duly sworn, deposes and says that I
am the Owner or authorized representative of owner, of the Property described and do hereby
authorize Sprint Spectrum and their authorized representative, F. Ronald Mastriana with Mastriana
& Christiansen, P.A., to file this application for governmental approval and public hearing.
OWNER or Authorized Representative
�qf OWNER
1 "-�5.�10�,
Print Name: R o e 5 N
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this 9 day of April
1997, by Robert S . Noe Jr. as Owner (or Authorized Representative of
Owner). He/she is ersonal o me or provided as
identification and he/she di Id not a an oath.
(AFFIX NOTARIAL SEAL)
My Commission expires:
�P'qY PVB OFFICIAL NOTARY SEAL
O �i PHYLLIS POLIKOFF
2 r * COMMISSION NUMBER
CC300392
71F Mr COMMISSION EXP.
Fop SEPT 23 1998
&�lD Al"a-011
(Offs al Notary Signatu )
Notary Public, State of Florida
Phyllis Polikoff
Printed, typed or Stamped Name of
Notary
- 13 -
• ENTRY AND TESTING AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of the 9 day of
_ April 1997, by and between CITY OF TAMARAC, its owners and lessors
("CITY") and MajorCo, L.P., d/b/a Sprint Spectrum Limited Partners ("SSLP"), concerning the
following described property owned, leased or managed by CITY ("property"):
A. SSLP has an interest in the Property for use as tower or antenna site for the receipt
and transmission of wireless communications signals; and
B. In order for SSLP to determine the viability and feasibility of the Property as a tower
or antenna site, it is necessary for employees, representatives, agents or independent contractors of
SSLP to enter upon and inspect the Property and/or temporarily locate communications equipment
on the Property to conduct short term radio propagation tests, and to make application with local,
state and federal governmental entities for approval of the Property as a tower or antenna site; and
C. SSLP desires to provide for the entry upon, inspection and/or testing. activities, and
applications concerning the Property pursuant to the terms contained in the Agreement.
NOW, FORE, in consideration ofthe mutual promises, covenants, undertakings, 'and
other consideration set forth in this Agreement, CITY and SSLP agree as follows:
1. Consent: CITY consents and agrees that SSLP, its employees, representatives, agents
and independent contractors ("Authorized Parties") may enter upon the Property to conduct and
perform some or all of the following activities ("Permitted Activities"), surveys, geotechnical soil
borings, if applicable, and analyses, phase I environmental audits, boundary surveys, radio
propagation studies, and such other tests and inspections of the Property which SSLP may deem
necessary or advisable. SSLP agrees to be responsible for any and all costs related to the Permitted
Activities, including installation on the operation and removal of equipment on the Property.
2. Filings: CITY consents and agrees that the Authorized Parties may make and file
applications on CTrVs behalf to such local, state and federal governmental entities whose approval
SSLP may consider necessary or advisable to have the Property approved as a tower or antenna site,
including, but not limited to, governmental approvals for zoning variances, rezoning applications,
budding permits and wetland permits. CITY hereby agrees that an executed copy of this Agreement
is as effective as the original. However, if requested by the Authorized Parties, agrees to execute
such other and further documents as may be required by the governmental entity in question to
evidence CITY consent to the action which is proposed to be taken.
• 3. Access: CITY agrees that the Authorized Parties may enter upon the Property to
perform the Permitted Activities upon execution of this Agreement and may have access to the
Property for up to 1825 days.
go 4. Removal of Property: SSLP agrees that it will, upon the conclusion of the term of this
Agreement, remove any equipment installed on the Property as a part of the Permitted Activities,
14 -
rI
repair any damage to the Property that might have been caused in correction with any of the
Permitted Activities, and will return the Property to the condition it was in before SSLP's entry onto
the Property: In the event any equipment installed on the Property by SSLP is not timely removed,
CITY will have the right to remove such equipment and SSLP agrees to be responsible for the
reasonable costs of such removal.
5. Indemnity: SSLP agrees to indemnify, save harmless, and defend CITY, its owners
or lessors, directors officers, employees, and property management agent, if any, from and against
any and all claims, actions, damages, liability and expense in connection with personal injury and/or
damage to property arising from or out of any occurrence in, upon or at the Property caused by the
act or omission of the Authorized Parties in conduction the Permitted Activities. Any defense
conducted by SSLP of any such claims, actions, damages, liability and expense will be conducted by
attorneys chosen by SSLP, and SSLP will be liable for the payment of any and all court costs,
expenses of litigation, reasonable attorneys' fees and any judgment that may be entered therein.
6. Insurance: At CITY's request, SSLP agrees to provide a certificate of insurance
evidencing SSLP's insurance coverage.
7. Governing Law: The parties agree that the interpretation and construction of the
Agreement shall be governed by the laws of the state of Florida, without regard to such state's
conflict of laws provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
WJorCo, P., d/b/a Sprint Spect Limited Partners Ci Tamarac
SBy. BY
Name: /n,q 4 ,ry L i 't Name: Robert S , No
Title: i- D Z71 • w
Carol A. Evans, CMC, City Clerk
- 15 -
.3/12/1996 22:06 9542363116
APR 15 '97 11;Z1AM CERTIFICATE COORD
Lacktan COm9amits
P,O. Box 419351
Kansas City Mc 64141.5351
(913) 674.9000
INSUP90
SPRINT SPECTRUM L.P.
CIO RISK MAWA6EMENT DEPT.
2330 SHAWNEE MISSION PARKWAY
WESTWOOD. KS 66205
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Page 16