Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
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Ordinance 24-68, an Ordinance of the City of Port St. Lucie, Florida, Authorizing the City Manager to Enter into a Fourth Amendment to the Site Lease Agreement Between the City of Port St. Lucie and STC Five LLC, a Delaware Limited Liability Company, for Continued Use of Existing Telecommunication Tower Located at 2760 SE Overhill Drive; Providing for Conflict; Providing for Severability; and Providing an Effective Date.
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Submitted By: Carly A. Fabien, Deputy City Attorney, City Attorney’s Office
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): The City desires to enter into a lease amendment with Sprint Spectrum Realty Company, LLC (“Sprint”) to allow Sprint to continue to utilize the monopole communications tower.
Presentation Information: Brief presentation by staff available upon request.
Staff Recommendation: Move that the Council approve the ordinance and authorize the City Manager to execute and enter into the Cell Tower Lease Amendment.
Alternate Recommendations:
1. Move that the Council amend the recommendation and authorize the ordinance to authorize the City Manager to execute and enter into the Cell Tower Lease Agreement.
2. Move that the Council not approve the ordinance and provide staff with direction.
Background: The City entered into a Site Lease Agreement with Sprint Spectrum L.P. on or about February 19, 1998, with an original term of five (5) years and four (4) additional renewal terms of (5) years, with an expiration date of February 18, 2023. The City entered into three (3) amendments, on or about July 15, 1998, October 17th, 2006, and November 2, 2011, respectively. The second amendment changed the tenant party to STC Five, LLC, successor by assignment of original tenant and the third amendment extended the expiration date until February 18, 2023. This fourth amendment shall include seven (7) additional renewals terms of five (5) years each, with a final expiration of February 18, 2063.
Issues/Analysis: N/A
Financial Information: Rent shall be that of the current term, with an escalation of four (4%) each year.
Special Consideration: N/A
Location of Project: 2760 SE Overhill Drive, Port St. Lucie, FL 34953
Attachments:
1. Original Lease between City of Port St. Lucie and Sprint Spectrum L.P.
2. First Amendment of Lease
3. Second Amendment of Lease
4. Third Amendment of Lease
5. Signed Fourth Lease Amendment between City of Port St. Lucie and STC Five, LLC and Memorandum of Agreement
6. Ordinance 24-68
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: 24145-07
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.