Placement: Consent Agenda
Action Requested: Motion / Vote
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Authorize the City Manager to Enter into a Right of Entry Agreement with Crown Castle South, LLC for the Public Works Compound Located at 450 SW Thornhill Drive.
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Submitted By: Heath Stocton, PE, Director, Public Works Department
Strategic Plan Link: The City’s Mission to be responsive to our community.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Margaret Carland, Senior Deputy City Attorney
2. Parties: City of Port St. Lucie (“City”) and Crown Castle South, LLC (“Crown Castle”)
3. Purpose: Enter into an agreement authorizing Crown Castle to enter onto City property located at 450 SW Thornhill Drive, Port St. Lucie, Florida (“Property”) for the sole purpose of locating a crane upon the Property to remove an existing shed located within the leased area of the cell tower.
4. New/Renewal/Modified: New
5. Duration: This agreement will automatically terminate forty-five (45) days from the date this agreement is signed (“Effective Date”).
6. Benefits to Port St. Lucie: This Right of Entry Agreement outlines Crown Castle’s obligations to restore the Property and repair damages as necessary and specifies insurance requirements to enter the Property.
7. Cost to Port St. Lucie (Annual and Potential): The City will not incur any costs with this agreement.
Presentation Information: N/A
Staff Recommendation: Move that the Council authorize the City Manager to enter into the attached Right of Entry Agreement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the attached Right of Entry Agreement with revisions.
2. Move that the Council not approve the Right of Entry Agreement and provide staff with further directions.
Background: Crown Castle currently holds a lease with the City for the location of a cell tower upon City-owned property. This agreement allows Crown Castle to place a crane outside of their existing leased area for the purposes of removing an existing shed from within their leased area. Their leased area isn’t large enough for placement of the crane.
Issues/Analysis: The City will receive assurances that Crown Castle will comply with all applicable Governmental Requirements, as defined in the agreement, and will restore and repair any damages caused by Crown Castle’s entry upon the Property as outlined in this agreement.
Financial Information: All costs associated with placing a crane on the Property will be the responsibility of Crown Castle.
Special Consideration: N/A
Location of Project: Public Works Thornhill Compound located at 450 SW Thornhill Drive, Port St. Lucie, Florida.
Attachments:
1. Right of Entry Agreement - Crown Castle (Thornhill)
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: Legal Intake #9966
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.