Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
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Ordinance 24-67, 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 STC Five LLC, a Delaware Limited Liability Company, for Continued Use of Existing Telecommunication Tower Located at 281 NW St. James Blvd.; 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 STC Five, LLC ("STC") to allow STC 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 with Sprint Spectrum L.P., on or about January 31, 2002, 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 September 9, 2009, with STC Two, LLC, an affiliate of Sprint Spectrum L.P., with the original termination date of January 30, 2027. The City now desires to enter into a second amendment with STC Five, LLC, which will also ratify STC Five, LLC as the intended tenant party to the first amendment. The amendment has an original term of January 30, 2027 with seven (7) additional renewal terms of five (5) years each, with a final expiration of the lease as January 30, 2047.
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: 281 NW St. James Blvd., Port St. Lucie, FL 34953
Attachments:
1. Original Lease
2. First Amendment
3. Signed Lease Amendment between City of Port St. Lucie and STC Five, LLC and Agreement and Memorandum of Second Amendment
4. Ordinance 24-67
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: 24032-05
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.