AGENDA ITEM REPORT
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AN ORDINANCE AUTHORIZING THE MAYOR, OR DESIGNEE, TO EXECUTE THE FIFTH AMENDMENT TO THE LEASE AGREEMENT WITH T-MOBILE SOUTH, LLC, WHICH PROVIDES FOR THE CONTINUED LEASING OF CITY LAND FOR A COMMUNICATIONS TOWER AT WINSTON PARK AND A MODIFICATION OF EQUIPMENT ON THE TOWER. (FIRST READING)
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BACKGROUND:
The City owns the communications tower ("Tower") located within the City's Winston Park located at 5201 NW 49 Avenue, Coconut Creek, Florida, and leases space to several tenants via lease agreements.
On May 8, 2008, the City Commission authorized the Mayor to execute the original space lease agreement ("Agreement") with T-Mobile South, LLC ("T-Mobile") for a portion of real property and space on the City-owned tower to install, operate, and maintain communications equipment on the Tower.
On November 13, 2008, the City Commission authorized the Mayor to execute the First Amendment to the Agreement ("First Amendment"), which provided for the modification of Exhibits to the Agreement.
On July 14, 2016, the City Commission authorized the Mayor to execute the Second Amendment, which provided for modifications and increases to the amount of equipment on the Tower in exchange for increased rent payments to the City.
On January 11, 2017, the City Commission authorized the Mayor to execute the Third Amendment, which provided for a modification to, and increased the amount of, T-Mobile's equipment on the Tower. The modifications did not increase T-Mobile's loading factor on the Tower.
On January 24, 2019, the City Commission authorized the Mayor to execute the Fourth Amendment, which provided for the installation of a new 48 kilowatt generator within the existing space, replacement of the existing six foot (6') fence with a new eight foot (8') fence to conceal the new generator.
DISCUSSION:
The City and T-Mobile desire to amend the Agreement a fifth time to modify the equipment on the Tower, which will increase the loading factor on the T...
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