AGENDA ITEM REPORT
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AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, SUCCESSOR IN INTEREST TO AT&T WIRELESS SERVICES OF FLORIDA, INC., WHICH PROVIDES FOR MODIFICATION OF THE EQUIPMENT ON THE TOWER AT LAKESIDE PARK. (FIRST READING)
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BACKGROUND:
The City owns the telecommunications tower ("Tower") within the City's Lakeside Park, located at 5555 Regency Lakes Boulevard, Coconut Creek, Florida 33073, and leases space to several tenants via lease agreements.
On April 8, 1999, the City Commission authorized the Mayor to execute the original lease agreement ("Agreement") with AT&T Wireless Services of Florida, Inc. for the purpose of maintaining a communications tower and related equipment at the City's Tower at Lakeside Park.
On February 8, 2008, the City approved the First Amendment to the lease agreement, authorizing New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor in interest to AT&T Wireless Services of Florida, Inc., to amend the initial term for sixty (60) months, commencing January 1, 2008, and automatically renewing for up to five (5) additional sixty (60) month terms and expand the permitted use in exchange for other assurances, as stated therein.
DISCUSSION:
The City and New Cingular Wireless PCS, LLC desire to amend the lease agreement a second time to modify the equipment on the Tower, which will increase the loading factor on the Tower and modify its equipment within the existing leased space with an increase in rent. The amendment also clarifies the ground lease, the non-exclusive aerial easement for the tenant's connection to the tower, and the utility easement.
The City is committed to increasing the effectiveness of its communication equipment and maintaining a revenue source by permitting New Cingular Wireless PCS, LLC to modify the equipment on the Tower.
RECOMMENDATION:
Staff recommends approval of this ordinance.
FISCAL...
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