Placement: First Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 25-61, Public Hearing, an Ordinance of the City of Port St. Lucie, Florida, Authorizing the City Manager to Enter into a Second Amendment to the Cell Tower Site Lease Agreement Between the City of Port St. Lucie and GrainComm I, LLC, a Delaware Limited Liability Company, for Continued Use of Existing Telecommunication Tower Located at 1449 SW Apache Ave, Port St. Lucie, Florida; 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 GrainComm I, LLC ("GrainComm") to allow GrainComm 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 Amendment.
2. Move that the Council not approve the ordinance and provide staff with direction.
Background: The City entered into a Site Lease Agreement (“Original Lease”) with Dynamic Towers Inc., on or about August 24, 2012, for an initial term of ten (10) years, with three (3) additional renewals of five (5) years. A first amendment was entered into on or around January 21, 2014, with GrainComm, LLC, due to Dynamic Towers Inc. assigning its interest in the Original Lease to GrainComm, with the original termination date of August 23, 2037. The City now desires to enter into a second amendment with GrainComm. The amendment has an original term of August 23, 2037, with seven (7) additional renewal terms of five (5) years each, with a final expiration of the lease as August 23, 2072.
Issues/Analysis: N/A
Financial Information: Rent shall be that of the current term ($2,401.56 per month), with an escalation of four (4%) each year. GrainComm shall also pay to the City a one-time payment of $15,000.00
Special Consideration: N/A
Location of Project: Apache Avenue Park
Business Impact Statement: Yes
Attachments:
1. Original Lease
2. First Amendment
3. Signed Lease Amendment between City of Port St. Lucie and GrainComm, LLC
4. Ordinance 25-
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: 25100-02
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.