Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
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Ordinance 24-50, an Ordinance of the City of Port St. Lucie, Florida, Authorizing a Lease Amendment Between the City of Port St. Lucie, Florida, and Sprint Spectrum Realty Company, LLC, Related to a Portion of Property Located at 121 SW Port St. Lucie Blvd. for Relocation of Power Utility Service and Easement and Continued Use of a Monopole Communications Tower; and Authorizing the City Manager To Execute and Enter into a Cell Tower Lease Agreement; 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 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 both allow Sprint to continue to utilize the monopole communications tower and to provide for relocation of the power utility service and easement.
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 Agreement.
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 of Port St. Lucie entered into a lease for use of the monopole communications tower and related easement with Sprint Spectrum L.P. in September 2002 for an initial term of ten years and for three (3) automatic renewals of five-year terms, with an end date of September 23, 2027. The City desires to amend the lease, extending the term to September 23, 2032, with five (5) automatic renewals of five-year terms, with an expiration date of September 23, 2057.
The lease also provides for a shared cost agreement between the City and Sprint for Sprint to pay for fifty (50%) percent of the cost to relocate the power utility services. Such services must be relocated due to the construction of the City’s Police Training Facility.
Issues/Analysis: The terms were being negotiated/discussed with the Lessee and as a result, the item was tabled, on September 9, 2024, until the terms were fully negotiated/discussed.
Financial Information: The annual rent shall be that of the current term, with an escalation of four (4%) each year. The overall cost to relocate these power utility services is estimated at $59,783.05, with the City paying fifty (50%) percent ($29,891.53) and Sprint paying fifty (50%) percent ($29,891.53.)
Special Consideration: The relocation of the power utility services is necessary for the continued construction of the Police Training Facility.
Location of Project: 121 SW Port St. Lucie Blvd.
Attachments:
1. Draft Lease Agreement between City of Port St. Lucie and Sprint Spectrum
2. Ordinance 24-50
3. Exhibit C: Scope of Work/Estimated Relocation Costs
4. Original Lease
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: 24232-04
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.