File #: ORD 2023-031    Name: T-Mobile 1st Amendment to Lease at Community Center
Type: Ordinance Status: Passed
File created: 9/25/2023 In control: City Commission
On agenda: 10/26/2023 Final action: 10/26/2023
Title: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT WITH T-MOBILE SOUTH, LLC TO UPGRADE EQUIPMENT WITHIN THE EXISTING LEASED SPACE AND WITHIN CONCEALED CANISTERS ON THE CITY'S TELECOMMUNICATIONS TOWER LOCATED AT THE COMMUNITY CENTER, SUBJECT TO ALL OTHER TERMS AND CONDITIONS PROVIDED THEREIN. (SECOND READING)(PUBLIC HEARING)
Indexes: Agreement, Cell Towers, Community Center, Equipment, Fiirst Amendment, Lease, Ordinance, T-Mobile
Attachments: 1. ORDINANCE 2023-031-T-Mobile Lease Agrmt First Amdmt (Community Center), 2. EXHIBIT 1-First Amendment-T-Mobile Lease Agrmt (Community Center), 3. BACKUP-Letter of Authority-T-Mobile Lease Agrmt First Amendment, 4. BACKUP-Original Lease Agrmt-T-Mobile (Community Center)
Related files: ORD 2016-20

AGENDA ITEM REPORT

TITLE:

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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT WITH T-MOBILE SOUTH, LLC TO UPGRADE EQUIPMENT WITHIN THE EXISTING LEASED SPACE AND WITHIN CONCEALED CANISTERS ON THE CITY’S TELECOMMUNICATIONS TOWER LOCATED AT THE COMMUNITY CENTER, SUBJECT TO ALL OTHER TERMS AND CONDITIONS PROVIDED THEREIN. (SECOND READING)(PUBLIC HEARING)

 

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BACKGROUND:

This item was approved on First Reading at the October 12, 2023, City Commission Meeting.

The City owns the telecommunications tower (“Tower”) within the City-owned complex known as the Community Center, located at 1100 Lyons Road, Coconut Creek, Florida 33063. On June 23, 2016, the City and T-Mobile South, LLC (“T-Mobile”) entered into a lease agreement for T-Mobile to perform a drop-and-swap of the then-existing telecommunications tower in order to construct the new monopole that currently exists at that location. T-Mobile now desires to upgrade its equipment at this location.

DISCUSSION:

Through this First Amendment, the parties desire to amend the Lease Agreement to allow T-Mobile to modify its equipment and clearly set forth the dimensions of the occupied ground space, the path of the ice-bridge that is used to connect T-Mobile’s ground space to the Tower, the non-exclusive underground utility easement from the nearest right-of-way, and the aerial space where T-Mobile’s new equipment will be located within the concealed canisters of the Tower, among a variety of other updates to the Lease Agreement as more specifically detailed in the First Amendment, attached to the ordinance as “Exhibit 1.” The First Amendment also clarifies T-Mobile’s obligation to obtain a fully-executed Memorandum of Agreement and record same in the Official Records of Broward County, Florida, at its sole expense, and reaffirms all other terms and conditions not in conflict with the First Amendment. CityScape Consultants, Inc., the City’s consultant for wireless communications and site management, has analyzed the proposed modifications by T-Mobile and has recommended no rental increase after consideration of several factors, including, but not limited to, the fact that the changes will not increase the loading upon the Tower, nor expand the ground space occupied by T-Mobile.

RECOMMENDATION:

Staff recommends approval of this ordinance.

FISCAL IMPACT: N/A