File #: ORD 2024-032-2    Name: MetroPCS 3rd Amendment to Lease Agreement (Second Reading)
Type: Ordinance Status: Passed
File created: 8/5/2024 In control: City Commission
On agenda: 8/22/2024 Final action: 8/22/2024
Title: AN ORDINANCE AUTHORIZING THE MAYOR, OR DESIGNEE, TO EXECUTE THE THIRD AMENDMENT TO THE LEASE AGREEMENT WITH METROPCS FLORIDA, LLC, WHICH PROVIDES FOR THE CONTINUED LEASING OF CITY LAND FOR A COMMUNICATIONS TOWER AND A MODIFICATION TO THE LOCATION OF EQUIPMENT ON THE TOWER AT SABAL PINES PARK. (SECOND READING)(PUBLIC HEARING)
Indexes: Agreement, Amendment, Lease, Ordinance, Public Works, Sabal Pines, Second Reading, Telecommunications
Attachments: 1. ORDINANCE 2024-032-MetroPCS Tower Lease 3rd Amdmt (2nd Reading), 2. EXHIBIT 1-MetroPCS Tower Lease 3rd Amdmt (Sabal Pines), 3. EXHIBIT 1 MOA-MetroPCS Tower Lease 3rd Amdmt, 4. BACKUP-Letter of Authority-MetroPCS Tower Lease Agrmt 3rd Amdmt, 5. BACKUP-MetroPCS Original Lease Agreement-Sabal Pines Park Tower, 6. BACKUP-MetroPCS 1st Amdmt-Sabal Pines Park Tower, 7. BACKUP-MetroPCS 2nd Amdmt-Sabal Pines Park Tower
Related files: ORD 2016-26, ORD 2024-032-1
AGENDA ITEM REPORT
TITLE:
title
AN ORDINANCE AUTHORIZING THE MAYOR, OR DESIGNEE, TO EXECUTE THE THIRD AMENDMENT TO THE LEASE AGREEMENT WITH METROPCS FLORIDA, LLC, WHICH PROVIDES FOR THE CONTINUED LEASING OF CITY LAND FOR A COMMUNICATIONS TOWER AND A MODIFICATION TO THE LOCATION OF EQUIPMENT ON THE TOWER AT SABAL PINES PARK. (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the August 8, 2024, City Commission Meeting. In response to Commission comments, staff confirmed the diesel generator with attached belly tank is permissible if designed in accordance with the Florida Building Code. MetroPCS Florida is required to submit the plans for approval in order to obtain a permit from the City's Building Department.
On August 10, 2006, the City Commission authorized the Mayor to execute the original lease agreement ("Agreement") with MetroPCS Florida, LLC ("Metro") for the purpose of maintaining a communications tower and related equipment at the City's Sabal Pines Park, 5005 NW 39 Avenue, Coconut Creek, Florida. The Agreement provides for a term of ten (10) years from the effective date with two (2) automatic five (5) year renewals (unless Metro advises the City of its intent not to renew at least six (6) months prior to the end of the current term). On February 12, 2015, the City Commission authorized the Mayor to execute the First Amendment to the lease agreement ("First Amendment"), which permitted Metro to modify and increase the equipment on the communication tower in exchange for increased rent payments to the City. On July 14, 2016, the City Commission authorized the Mayor to execute the Second Amendment to the lease ("Second Amendment"), which permitted Metro to install new infrastructure upon the communications tower, relocate the City-owned equipment to a new location higher up on the tower, and provided for an extension of the term.
DISCUSSION:
Currently, Metro desires to amend the lease agreement a third time (...

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