Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
title
Ordinance 24-77, 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
body
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 approve the Second Amendment to the Site Lease Agreement authorize 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.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Second Amendment to the Site Lease Agreement and authorize the City Manager to enter into the Second Amendment to the Site Lease Agreement.
2. Move that the Council not approve the Second Amendment to the Site Lease Agreement 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 Second Lease Amendment having not been signed by the Lessee and contractual language still being negotiated, at the December 2, 2024 Council meeting staff requested that this item to be tabled. The Second Lease Amendment has been fully negotiated and agreed upon by both parties and signed by the Lessee.
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. Signed Second Amendment to the Site Lease
2. Signed Memorandum of Lease
3. Ordinance 24-77
4. Original Lease
5. First Amendment
6. December 2, 2024 Memo to Table
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.