Placement: Second Reading of Ordinances
Action Requested: Motion / Vote
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Ordinance 24-49, an Ordinance of the City of Port St. Lucie, Florida, Authorizing the Lease of a Portion of Property Located at 281-TW St. James Drive (Northport Cell Tower) to DISH Wireless, LLC For 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’s Office
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): This ordinance is to authorize a lease for portion of a property at 281-TW St. James Drive (Northport Cell Tower) to DISH Wireless, LLC for use of monopole communications tower.
Presentation Information: Brief presentation by staff available upon request.
Staff Recommendation: Move that the Council approve the ordinance, authorizing the City Manager to execute and enter into the Cell Tower Lease Agreement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the amended ordinance and 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 aims to enter into lease agreements with companies who provide cellular or other communication services to help provide better service and reception to City residents and City emergency services. The City desires to enter into a lease with DISH Wireless, LLC’s (“DISH”) for use of an existing monopole communication tower located at said location. The lease is for an initial term of five (5) years, with up to seven (7) automatic renewals of sixty (60) months each, for a termination date of September 23, 2064.
Issues/Analysis: The lease terms were being negotiated with the Lessee and as a result, the item was tabled on September 9, 2024, until the City and lessee fully negotiated/discussed the terms.
Financial Information: Rent shall be paid to the City in a total of $800 per month and an annual escalation 3% of the then rent.
Special Consideration: The City and Lessee have agreed to the terms and conditions contained in the lease agreement and a revised sketch and legal description specific to the 5’x7’ lease area is included.
Location of Project: 281-TW St. James Drive Port St. Lucie, FL 34953
Attachments:
1. Signed Lease Agreement Between City of Port St. Lucie and DISH Wireless
2. Signed MOL
3. Exhibit A: Sketch for Lease Area
4. Exhibit A: Legal Description for Lease Area
5. Ordinance 24-49
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: 24057-07
Legal Sufficiency Review:
Reviewed by Carly Fabien, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.