Placement: First Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 24-77, Public Hearing, An Ordinance of the City Of Port St. Lucie, Florida, Authorizing the City Manager to Enter into a Second Amendment to the Site Lease Agreement Between the City of Port St. Lucie and New Cingular Wireless PCS, LLC, A Delaware Limited Liability Company, for Continued Use of Existing Telecommunication Monopole Tower Located at SW Becker Road; 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 New Cingular Wireless PCS, LLC (“Cingular”), to allow Cingular to continue to utilize the monopole communications tower.
Presentation Information: Brief presentation by staff available upon request.
Staff Recommendation: Move that the Council table this item in accordance with the attached memo.
Alternate Recommendations:
1. Move that the Council amend the recommendation and table this item in accordance with the attached memo.
2. Move that the Council not table this item and provide staff with direction.
Background: The City entered into a Site Lease Agreement with BellSouth Mobility Inc. (“BMI”) on or about August 4th, 1998, with an original term of five years, with four (4) automatic renewals of five (5) years each, with an expiration date of August 3, 2023. The first amendment, entered on or about May 14th, 2012, changed the tenant party to New Cingular Wireless PCS, LLC, successor by merger with BellSouth Mobility, original tenant, effective December 31, 2004, to and modified the renewals as six (6) additional and successive terms of five (5) years each, creating an extended expiration date of August 3, 2033.
Issues/Analysis: Due to the holiday season and the agent for the applicant, Crown Castle’s, own procedural review process, additional time is being requested for the Lessee to review and execute the lease.
Financial Information: Rent shall be that of the current term with an escalation of four percent (4%.)
Special Consideration: N/A
Location of Project: Water Management Tract 1, as depicted hereon on plat Becker Road Turnpike Interchange No. 1, recorded in Official Record Plat Book 56, Page 37, of the Public Records of St. Lucie County, Florida
Attachments:
1. Original Lease
2. First Amendment
3. Signed Amendment between City of Port St. Lucie and New Cingular PCS, LLC
4. Ordinance 24-
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: 23311-01
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.