File #: ORD 2022-001    Name: First Amendment to AT&T's Tower Lease at City Hall
Type: Ordinance Status: Passed
File created: 11/30/2021 In control: City Commission
On agenda: 1/27/2022 Final action: 1/27/2022
Title: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND NEW CINGULAR WIRELESS PCS, LLC, A WHOLLY OWNED SUBSIDIARY OF AT&T MOBILITY CORPORATION, TO CORRECT THE LEASED GROUND SPACE FROM 108 TO 113 SQUARE FEET WITHIN THE CITY'S GOVERNMENT CENTER TO ACCOUNT FOR AN ELECTRICAL TRANSFORMER REQUIRED WITHIN THE COMPOUND ADJACENT TO THE TELECOMMUNICATIONS TOWER SUBJECT TO ALL OTHER TERMS AND CONDITIONS. (SECOND READING)(PUBLIC HEARING)
Indexes: Cell Towers, First Amendment, Lease, Ordinance, SUSTAINABLE DEVELOPMENT
Attachments: 1. ORDINANCE 2022-001-Amend No. 1 to AT&T Lease at City Hall Tower, 2. EXHIBIT 1-Amend No. 1 to AT&T Lease at City Hall Tower, 3. BACKUP-Original Lease Agrmt with AT&T
Related files: ORD 2020-041

AGENDA ITEM REPORT

TITLE:

title

AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND NEW CINGULAR WIRELESS PCS, LLC, A WHOLLY OWNED SUBSIDIARY OF AT&T MOBILITY CORPORATION, TO CORRECT THE LEASED GROUND SPACE FROM 108 TO 113 SQUARE FEET WITHIN THE CITY’S GOVERNMENT CENTER TO ACCOUNT FOR AN ELECTRICAL TRANSFORMER REQUIRED WITHIN THE COMPOUND ADJACENT TO THE TELECOMMUNICATIONS TOWER SUBJECT TO ALL OTHER TERMS AND CONDITIONS. (SECOND READING)(PUBLIC HEARING)

 

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BACKGROUND:

This item was approved on First Reading at the January 13, 2022, City Commission Meeting.

The City owns and leases space on the large telecommunications tower (macro tower) located at the City’s Government Center. As a relatively new tenant at this location, New Cingular Wireless PCS, LLC, a wholly owned subsidiary of AT&T Mobility Corporation, (hereinafter “AT&T”), requires approximately five (5) additional square feet within its ground space to account for its electrical transformer.

DISCUSSION:

Through this First Amendment, the parties desire to amend the Lease Agreement dated December 3, 2020, to add sufficient space within AT&T’s Exclusive Lease Premises for an electrical transformer, occupying roughly five (5) additional square feet, and as more specifically detailed in the First Amendment, attached to the ordinance as “Exhibit 1.” The First Amendment also clarifies AT&T’s obligation to mark any underground facilities within the non-exclusive utility easement provided pursuant to Lease Agreement, and reaffirms all other terms and conditions not in conflict with the First Amendment.

RECOMMENDATION:

Staff recommends approval of this ordinance.

FISCAL IMPACT:  N/A