HomeMy WebLinkAboutO-2002-036 ORDINANCE N0. 2002-036
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA APPROVING A PCS
SITE AGREEMENT BETWEEN THE CITY OF DANIA
BEACH AND SPRINT SPECTRUM, L.P. PERTAINING TO
THE PLACEMENT OF A PERSONAL COMMUNICATIONS
SERVICE SYSTEM FACILITY ON A PARCEL OF LAND
LOCATED AND OWNED BY THE CITY OF DANIA BEACH
AND MORE PARTICULARLY DESCRIBED IN THE
ATTACHED EXHIBITS TO THE AGREEMENT;
AUTHORIZING AND DIRECTING THE EXECUTION OF
THE PCS SITE AGREEMENT; PROVIDING FOR
REVISIONS;PROVIDING FOR CONFLICTS;PROVIDING A
SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Sprint Spectrum L.P. ("Sprint") applied to lease City Property for the
placement of a Personal Communication Service("PCS")facility and seeks approval of a PCS Site
Agreement ("Agreement") between the City of Dania Beach ("City") and Sprint pertaining to the
placement of such PCS facility on City property,more particularly described in the attached exhibits
to-the Agreement, an unexecuted copy of which is attached as Exhibit "A"; and
WHEREAS, based upon the representations of Sprint, and the recommendations of
City staff,the City Commissioners of Dania Beach,Florida find that it is in the City's best interests to
approve Sprint's Application for approval of the Agreement submitted by Sprint to lease the City's
property;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
01 -1- ORDINANCE NO. 2002-036
566020/0rd in an ce\G ra nti ng S p rintLease-6-1 8-02
® Section 1. That certain PCS Site Agreement("Agreement") between the City of Dania Beach
and Sprint Spectrum L.P. ("Sprint"),pertaining to a parcel of land located in and owned by the City
Dania Beach and more particularly described in the attached exhibits to the Agreement, an
unexecuted copy of which is attached and made a part of this Ordinance as Exhibit"A",is approved.
Section 2. That the term of the Agreement shall be five (5)years commencing on the date that
both parties execute the Agreement and may be automatically renewed by Sprint for three (3)
additional terms, pursuant to Section 2 of the Agreement.
Section 3. That the City's approval of the Agreement is conditioned on the following payments
by Sprint to the City of Dania Beach: (a)$10,000 as a pre-payment toward cost-recovery within ten
days of adoption of this Ordinance pursuant to paragraph 26 of the Agreement, (b) $7,500 upon
issuance of all required permits from the City for additional costs and fees incurred by the City,
• pursuant to paragraph 26 of the Agreement, (c) an annual rental fee of$24,000.00 with an annual
rental fee increase of 5%per year pursuant to Section 3 of the Agreement,and(d)payment of$5,000
upon issuance of all required permits from the City for the City's landscaping trust fund.
Section 4. That the appropriate City officials are authorized and directed to execute the PCS Site
Agreement between the City of Dania Beach and Sprint, attached hereto as Exhibit A.
Section 5. That the City Manager and City Attorney are authorized to make minor revisions to
the form of the Agreement if they determine it is the best interest of the City to do so.
Section 6. If any section, clause, sentence or phrase of this Ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this Ordinance.
-2- ORDINANCE NO. 2002-036
566020/0rdina nce\GrantingSpri ntLease-6-18-02
• Section 7. All Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are repealed.
Section 8. This Ordinance shall be in force and take effect immediately upon adoption on the
second reading.
PASSED AND ADOPTED on first reading on June 25, 2002.
PASSED AND ADOPTED on second reading on August 13, 2002.
Gv
O ERT H. CHUNN, JR.
MA OR- COMMISSIONER
ATT ST: ROLL CALL:
• COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA-NO
RLENE JO S N COMMISSIONER MIKES -YES
CITY CLERK VICE-MAYOR FLURY- YES
MAYOR CHUNN- YES
APPROVED I
TO FORM AND CORRECTNESS:
BY: �, k�
THOMAS . A XSBRO
CITY ATTORNEY
-3- ORDINANCE NO. 2002-036
566020/0rd inance\GrantingSprintLease-6-18-02
PCS SITE AGREEMENT April 99
Site Name:City of Dania Beach/Fire Station No.1 Site I.D. M154XC035
A ess: 116 West Dania Beach Blvd., Dania Beach, Florida
11emises and Use. Owner leases to Sprint Spectrum L.P., a Delaware however,assign this Agreement at any time to SSLP's parent company or any
limited partnership("SSLP"),the site described below: affiliate or subsidiary of SSLP or its parent company without the Owner's
LCheck appropriate box(es)] written consent. Consent by Owner to any assignment shall not constitute a
�C Land consisting of approximately 600 square feet upon which SSLP will waiver of the necessity of such consent to any subsequent assignment or
construct its antenna support structure,equipment and base station
❑ Building interior space consisting of approximately x ( ) subletting. Except as contained herein,if this Agreement is assigned,or if the
feet square feet; Site or any part thereof is sublet or occupied by anyone other than SSLP
Building exterior space for attachment of antennas; without the written consent of Owner,Owner,at its sole option, may either(1)
Building exterior space for placement of base station equipment; immediately terminate this Agreement; or (2) collect rent from the assignee,
Water Tower antenna space subtenant or occupant, which collection shall not constitute a waiver of
Space required for cable runs to connect PCS equipment and antennas, Owner's right to terminate the Agreement, and no such assignment,
subletting, occupancy or collection shall be deemed a waiver or release of
in the location(s) ("Site") shown on Exhibit A, together with a non-exclusive SSLP from the further performance by SSLP of the covenants on the part of
easement for reasonable access thereto and to the appropriate, in the SSLP hereunder contained. Notwithstanding any assignment or sublease,
discretion of SSLP,source of electric and telephone facilities. The Site will be
used by SSLP for no other purpose other than installing, removing, replacing, SSLP shall remain fully liable on this Agreement and shall not be released
modifying, maintaining and operating, at its expense, a personal from performing any of the terms, covenants and conditions of this
communications service system facility ("PCS"), including, without limitation, Agreement.
antenna equipment, cable wiring, back-up power sources (including 6. Notices. All notices must be in writing and are effective only when
generators and fuel storage tanks), related fixtures and, if applicable to the deposited in the U.S. mail, certified and postage prepaid, or when sent via
Site, an antenna structure, all in accordance with Owner's applicable overnight delivery. Notices to SSLP are to be sent to: Sprint PCS Lease
ordinances (the"Equipment"). The design of the antenna structure shall be a
97'light pole capable of supporting up to three carriers. The compound for all Management, Southeast Regional Office, 1357 Hembree Road, Suite 100,
Equipment measures 20' x 30'. Prior to commencing construction of the Mailstop: GAROSD0101, Roswell, GA 30076 with a copy to: Sprint Law
Equipment, SSLP shall submit plans and specifications for all Equipment to Department, 6391 Sprint Parkway, Mailstop: KSOPHT0101-Z2020, Overland
Owner for Owner's written approval. All antennas and cable routing will be Park, KS 66251-2020,Attention: Sprint PCS Real Estate Attorney. Notices to
housed within the light pole so that no antenna and no cabling will be routed Owner must be sent to the address shown underneath Owner's signature,
outside of the light pole except as is necessary to connect the antennas to the with a copy to City Attorney, City of Dania Beach, 100 West Dania Beach
ground based equipment and in that event,such cable which is external to the Blvd.,Dania Beach, FL 33304.
light pole shall be located at a height which is lower than the top of the fence 7. Improvements. SSLP may, at its expense and upon the prior written
surrounding the Site. No construction for the Equipment shall be commenced consent of Owner, make such improvements on the Site as it deems
until the Owner has approved plans for such work and all necessary permits necessary from time to time for the operation of the PCS system. Owner
h�een properly issued. SSLP will use the Site in a manner which will not agrees to cooperate with SSLP with respect to obtaining any required zoning
u onably disturb the occupancy of Owner's other tenants. SSLP will approvals for the Site and such improvements, at no cost to Owner. SSLP is
have access to the Site 24 hours per day,7 days per week. SSLP shall follow liable for damage to the Site caused by SSLP's improvements or the removal
any reasonable requirements imposed by Owner to maintain the security of or replacement thereof. Upon termination or expiration of this Agreement,
the access to the Site. SSLP shall ensure that its employees,contractors and SSLP shall remove its equipment and improvements and will restore the Site
agents shall carry proper identification to identify them as authorized by SSLP to substantially the condition existing on the Commencement Date, except for
to have access to the Site. Following the initial installation of the PCS, upon ordinary wear and tear and casualty loss.
prior written consent of Owner, which consent may not be unreasonably
withheld, SSLP may modify, supplement, replace, remove or relocate any of 8• Compliance with Laws. To the best of Owner's knowledge, without
its antennas, microwaves or other appurtenances during the term of this inquiry, Owner represents that Owner's property (including the Site), and all
Agreement. Owner's consent shall not be required where the modification is improvements located thereon, are in substantial compliance with building,
non-structural in nature or involves the replacement of substantially similar life/safety, disability and other laws, codes and regulations of applicable
equipment. governmental authorities. SSLP will comply with all applicable laws,
2. Term.The term of this Agreement(the"Initial Term") is four(4)years and
ordinances and regulations relating to its possession and use of the Site.
eleven (11) months, commencing on the date ("Commencement Date") both 9. Interference. SSLP, at its sole cost and expense, will resolve technical
SSLP and Owner have executed this Agreement. This Agreement will be interference problems with other equipment located at the Site on the
automatically renewed for three (3)additional terms (each a"Renewal Term") Commencement Date or any equipment that becomes attached to the Site at
of five (5) years each, unless SSLP provides Owner notice of intention not to any future date when SSLP desires to add additional equipment to the Site
renew not less than ninety (90) days prior to the expiration of the Initial Term pursuant to the terms herein. Likewise, Owner will not permit or suffer the
or any Renewal Term, or unless otherwise terminated pursuant to this installation of any future equipment by third parties which results in technical
Agreement.. interference problems with SSLP's then existing equipment. If at any time
there is any interference between Owner's facilities installed for Owner's
3. Rent. Until the date which is 30 days after the issuance of a building
public safety purposes, and SSLP's equipment or the equipment of any other
permit, rent will be a one-time, non-refundable aggregate payment of$100.00,
tenant
the receipt of which Owner acknowledges. Thereafter, rent will be paid
annually in the amount of $24,000.00 (until increased as set forth herein), SSLP,att its SSLP's sole ole PCS, which tenant does not have a lease with Owner,
cost,shall resolve such interference problems.
c
partial years to be prorated. The annual rent shall increase by five percent re Utilities. To the best of Owner's knowledge, without inquiry, Owner
%)per year. represents that utilities adequate for SSLP's use of the Site are available.
(5
(5 Title and Quiet Possession. Owner represents and agrees, subject to SSLP will pay for all utilities used by it at the Site. Owner will cooperate,at no
4. visions of Paragraph 30 below, (a) that it is the Owner of the Site; cost to Owner,with SSLP in SSLP's efforts to obtain utilities from any location
the provisions the
that has the right to enter into this Agreement; (c)that the person signing provided by Owner or the servicing utility, including signing any easement or
other instrument reasonably required by the utility company.
this Agreement has the authority to sign; (d)that SSLP is entitled to access to
the Site at all times and to the quiet possession of the Site throughout the 11. Termination. SSLP may terminate this Agreement at any time upon
Ini j Term and each Renewal Term so long as SSLP is not in default beyond sixty (60) days prior written notice to Owner without further liability if SSLP
tt piration of any cure period; and (e)that Owner shall not have does not obtain all permits or other approvals (collectively, "approval")
u wised access to the Site or to the PCS equipment. required from any governmental authority or any easements required from any
third party to operate the PCS system, or if any such approval is canceled,
5. Assignment/Subletting. SSLP shall not assign this Agreement, in whole expires or is withdrawn or terminated, or if Owner fails to have proper
or in part, or sublet all or any part of the Site without the Owner's written ownership of the Site or authority to enter into this Agreement. SSLP may
consent, which consent may not be unreasonably withheld. SSLP may, terminate this lease, upon sixty (60) days notice, for any other reason, in its
AIVII,
sole discretion, if it determines that it will be unable to use the Site, in which for Owner to perform repairs and maintenance on the Site. Owner shall have
case SSLP shall pay a lump sum payment to Owner in an amount equal to access to the Site for such maintenance 24 hours per day,7 days per week.
twelve (12) months rent or the total of the remaining months of the term, 19. Condemnation. If the whole of the Site,or such portion thereof as will
whichever is less. The rental rate shall be computed at the rate which is in
iWe at the time of termination. Upon termination, all prepaid rent will be make the Site unusable for the purposes herein leased,is condemned by any
d by Owner unless such termination is due to Owner's failure of proper legally constituted public authority,then this Agreement,and the term hereby
ownership or authority,or such termination is a result of Owner's default. It is granted,shall cease from the time when possession thereof is taken by the
not the intent of this paragraph to diminish SSLP's termination rights pursuant public authority,and Rent shall be accounted for as between Owner and
to paragraph 30. SSLP as of that date. Any lesser condemnation shall in no way affect the
12. Default. If either party is in default under this Agreement for a period of respective rights and obligations of Owner and SSLP hereunder.
(a) 15 days following receipt of notice from the non-defaulting party with 20. Counterparts. This Agreement may be executed in several
respect to a default which may be cured solely by the payment of money, or counterparts, each of which shall constitute an original and all of which shall
(b) 30 days following receipt of notice from the non-defaulting party with constitute the same agreement.
respect to a default which may not be cured solely by the payment of money, 21. Additional Rent. In the event of any default of this Agreement by SSLP
then, in either event, the non-defaulting party may pursue any remedies as described herein, Owner may, at any time after notice, cure the default for
available to it against the defaulting party under applicable.law, including, but the account of and at the expense of SSLP. If Owner is compelled to pay or
not limited to, the right to terminate this Agreement. If the non-monetary elects to pay any sum of money or to do any act which will require the
default may not reasonably be cured within a 30-day period, this Agreement payment of any sum of money or is compelled to incur any expense, including
may not be terminated if the defaulting.party commences.action to cure the reasonable attorney's fees, in instituting, prosecuting,or defending any action
default within such 30-day period and proceeds with due.diligence to fully cure to enforce the Owner's rights under this Agreement, the sums so paid by
the default. Termination of this Agreement pursuant to this paragraph shall Owner, with interest, costs and damages, shall be deemed to be Additional
not be the exclusive remedy afforded to either party and shall not waive any Rent and shall be due from the SSLP to Owner on the first day of the month
other remedies either party may have against the other: .. following the incurring of the respective expenses.
13. Indemnity. SSLP indemnifies the Owner against and holds the Owner 22. No Waiver of Police Power. Owner cannot and hereby specifically does
harmless from any and all costs (including reasonable attorneys' fees) and not, waive or relinquish any of its regulatory approval or enforcement rights
claims of liability or loss which arise out of the ownership, use and/or and obligations as it may relate to regulations of general applicability which
occupancy of the Site by the indemnifying party. This indemnity does not may govern the Site,any improvements thereon,or any operations at the Site.
apply to any claims-arising from the sole,gross negligence or intentional Nothing in this Agreement shall be deemed to create an affirmative duty of
misconduct of the Owner. The indemnity obligations under this Paragraph will Owner, to abrogate its sovereign right to exercise its police powers and
survive termination of this Agreement. governmental powers by approving or disapproving or taking any other action
14. Hazardous Substances. Owner represents that it has no knowledge of in accordance with its zoning and land use codes, administrative codes,
any substance,chemical or waste(collectively,"substance")on the Site that is ordinances,rules and regulations,federal laws and regulations,state laws and
identified as hazardous,toxic or dangerous in any applicable federal, state or regulations, and grant agreements. In addition, nothing herein shall be
local law or regulation. SSLP will not introduce or use any such substance on considered zoning by contract.
the Site in violation of any applicable law. SSLP will not generate, release, or 23. Late Fees. SSLP shall pay Owner a late payment charge equal to five
store any substance at the Site and shall be responsible for and indemnify the (5%) percent of the late payment for any payment not paid when due. Any
O#w/ gra
for any substances introduced or stored at the Site by SSLP. amounts not paid when due shall also bear interest until paid at the lesser of
1venant of Owner. Should the City of Dania Beach require additional the rate of two(2%)percent per month or the highest rate permitted by law.
aping or a designated parking space for an SSLP vehicle, then and in 24. Net Lease. Owner shall not be required to make any expenditures of any
that event Owner will provide the necessary additional ground space to SSLP kind in connection with this Agreement or to make any repairs or
at no extra charge. improvements to the Site. The parties agree that this is a net Agreement
16. Taxes. SSLP shall pay, on or before their respective due dates, to the intended to assure Owner the rent reserved on an absolute net basis. In
appropriate collecting authority, all federal, state, county and local taxes, addition to the Rent reserved above, SSLP shall pay to the parties entitled
assessments and fees, which are now or may hereafter be levied upon the thereto all taxes, assessments, insurance premiums, maintenance charges,
Site, or upon SSLP, or upon any of SSLP's property used in connection and any other charges, costs and expenses against the Site which may be
therewith,or upon any rentals or other sums payable hereunder, including, but contemplated under any provisions of this Agreement.
not limited to, any applicable ad valorem, sales or excise taxes, and shall 25. As-Is. By taking possession of the Site, SSLP accepts the Site in the
maintain in current status all federal, state, county and local licenses and condition existing as of the date of execution of this Agreement. Owner
permits, now or hereafter required for the operation of the business conducted makes no representation or warranty with respect to the condition of the Site
by SSLP. and Owner shall not be liable for any latent or patent defect in the Site.
17. Insurance. SSLP will procure and maintain commercial general liability Owner shall not at any time be liable for injury or damage occurring to any
insurance, with limits of not less than $1,000,000 combined single limit per person or property from any cause whatsoever arising out of SSLP's
construction, maintenance, repair, use, operation, condition or dismantling of
occurrence for bodily injury and property damage liability, with a certificate of
the Site.
insurance to be furnished to Owner within 30 days of written request. Such
policy will provide that cancellation will not occur without at least 15 days prior 26. Cost-Recovery. Within 10 days of site plan approval and approval of this
written notice to Owner. Each party hereby waives its right of recovery Agreement by the City of Dania Beach City Commission,on Second Reading,
against the other for any loss or damage covered by any insurance policies SSLP shall pay to the Owner $10,000.00 towards Owner's costs and
maintained by the waiving party. SSLP will cause each insurance policy expenses including legal fees, incurred by Owner in connection with the
obtained by it to provide that the insurance company waives all rights of negotiation of this Agreement and review of SSLP's site plan application.
recovery against the City of Dania Beach in connection with any damage Upon issuance of all permits required in order for SSLP to construct the facility
covered by such policy. contemplated by this Agreement, SSLP shall pay Owner an additional
18. Maintenance. SSLP,at its sole cost and expense,will be responsible for $7,500.00 as reimbursement for such expenses.
repairing and maintaining the PCS system and any other improvements 27• Miscellaneous. (a) This Agreement applies to and binds the heirs,
installed by SSLP at the Site in a proper operating and reasonably safe successors, executors, administrators and assigns of the parties to this
condition; provided,however if any such repair or maintenance is required due Agreement; (b) this Agreement is governed by the laws of the state in which
solely to the acts of Owner, its agents or employees, Owner shall reimburse the Site is located; (c) If requested by SSLP, Owner agrees promptly to
SSLP for the reasonable costs incurred by SSLP to restore the damaged execute and deliver to SSLP a recordable Memorandum of this Agreement in
areas to the condition which existed immediately prior thereto. Owner will the form of Exhibit B; (d) this Agreement (including the Exhibits) constitutes
m n and repair all other portions of the property of which the Site is a part the entire agreement between the parties and supersedes all prior written and
inlWper operating and reasonably safe condition. In connection with such verbal agreements, representations, promises or understandings between the
maintenance, Owner shall have the right to require SSLP to temporarily parties. Any amendments to this Agreement must be in writing and executed
remove the PCS and/or Equipment,at SSLP's sole cost and expense, in order by both parties; (e) if any provision of this Agreement is invalid or
unenforceable with respect to any party, the remainder of this Agreement or
the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, will not be affected and each provision of this This right to terminate shall expire 60 days after the Date of Approval of this
Agreement will be valid and enforceable to the fullest extent permitted by law; Agreement (at Second Reading) by the Owner. SSLP shall not have
(f)the prevailing party in any action or proceeding in court or mutually agreed termination rights pursuant to this paragraph thereafter.
u# rbitration proceeding to enforce the terms of this Agreement is entitled
t ive its reasonable attorneys',fees and other reasonable enforcement The following Exhibits are attached to and made a part of this
cos s and expenses from the non-prevailing party; (g) the parties agree that Agreement: Exhibit A and B.
the jurisdiction for any legal action arising out of or pertaining to this
Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in
and for Broward County, Florida, or the federal District Court for the Southern
District of the United States and that venue of any action to enforce this
Agreement shall be in Broward County, Florida;and(h) the parties agree that R
OF ANIAthis Agreement shall be construed in accordance with and governed by the By:laws of the State of Florida. Its: YOR
28. Non-Binding Until Fully Executed. This Agreement is for discussion Tax No.:
purposes only and does not constitute a formal offer by either party. This Address: 100 W DANIA BEACH BLVD
Agreement is not and shall not be binding on either parry until and unless it is DANIA BEA
fully executed by both parties. Date: AUG 27, 2002
29. Co-location. SSLP agrees that as a condition,precedent to.any co-
locating tenant renting space on the tower, the co-locating tenant must first
make suitable arrangements to rent ground space from the Owner at a charge By:
that the Owner agrees will not be unreasonable. Owner and SSLP'agree that
any co-locating tenant shall pay rent to SSLP directly,for SSLP's sole benefit
and use, for space on the.Tower. However, the parties also.agree that any Attested B C Clerk:
co-locating tenant will lease the needed ground space from the Owner directly
and that rent for the ground space will be.paid directly to the Owner,for its By:
sole benefit and use. However,nothing herein shall be construed to obligate Its:.
the Owner to enter into a lease with a potential co-locating tenant and the
Owner reserves all rights to exercise its discretion with respect to entering into Approved as to Form by,CitA Attorney.
such a lease with a potential co-locating tenant. Should the technology make By:
it unnecessary for a co-locating tenant to rent ground space from the Owner, Its:
SSLP agrees it will share rent received from such a co-locating tenant not
needing ground space with Owner on a 50/50 basis. In such circumstance,
where the co-location rent is shared 50/50,SSLP reserves the right to assess
t locating tenant with a capital contribution fee in an amount up to 1/3 of Sprint Sp ctrum L.P.
ttlWstruction cost of the light pole. The capital contribution received by a Dela ar limited partne i
SSLP shall inure to the benefit of SSLP completely and absolutely. However, By:
the capital contribution fee shall not be in any way used to reduce the co- Its: v 1e CN - S_E
location rent otherwise due, it being the intention of the parties that such co- Ad ss: I?J' 5� }-�e��'JYC� � ���e � �
location rent to be shared with Owner shall be at fair market rates or as may `.Z�l
be required by pre-existing agreements with such co-locating tenants.
30. Conditions Subsequent. Notwithstanding the making, executing and Date:
delivering of this Agreement, SSLP may terminate this Agreement, should
SSLP's soil testing on the property yield unsatisfactory soil test results or Attach Exhibit A and Exhibit B
SSLP's environmental testing reveal an environmental problem. If SSLP
exercises its right to terminate under this paragraph, the Owner shall not be
liable for any costs, including attorneys' fees, incurred by SSLP. The Owner
shall retain the initial $10,000.00 paid by SSLP pursuant to paragraph 26.
EXHIBIT A
Site Description
Site situated in the City of Dania Beach,County of Broward, State of Florida,commonly described as follows:
Legal Description
DESCRIPTION - PARENT TRACT (AS PROVIDED)
THAT CERTAIN PARCEL OF LAND DESCRIBED AS"PARK", BOUNDED ON THE NORTH BY VIKING COURT;
BOUNDED ON THE EAST BY COPENHAGEN AVENUE; BOUNDED ON THE SOUTH BY COCONUT AVENUE; AND
BOUNDED ON THE WEST BY DANIA AVENUE,ACCORDING TO THE ORIGINAL PLAT OF THE TOWN OF
"MODELO",DANIA, FLORIDA,AS RECORDED IN PLAT BOOK"B", PAGE 49,OF THE PUBLIC RECORDS
OF DADE COUNTY,FLORIDA,LESS THE SOUTH 5 FEET THEREOF FOR ROAD RIGHT-OF-WAY.
DESCRIPTION -SPRINT PCS LEASE AREA (AS REQUESTED)
A PARCEL OF LAND LYING WITHIN THAT CERTAIN PARCEL OF LAND DESCRIBED AS"PARK",ACCORDING
TO THE ORIGINAL PLAT OF THE TOWN OF"MODELO", DANIA, FLORIDA,AS RECORDED IN PLAT BOOK
"B", PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA;BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF NW 3rd AVENUE(FORMERLY DANIA
AVENUE)AND THE SOUTH RIGHT-OF-WAY LINE OF HILL STREET(FORMERLY VIKING COURT);THENCE
N88A07'32"E,ALONG THE SOUTH RIGHT-OF-WAY LINE OF HILL STREET(FORMERLY VIKING COURT),
A DISTANCE OF 141.19 FEET;THENCE SOlA52'28"E,A DISTANCE OF 6.29 FEET TO THE POINT
OF BEGINNING;THENCE S81A44'23"E,A DISTANCE OF 23.44 FEET;THENCE S00A00'00"E,A
DISTANCE OF 19.76 FEET;THENCE S88A59'34"W,A DISTANCE OF 15.06 FEET;THENCE
N00A00'00"W,A DISTANCE OF 8.70 FEET;THENCE S90A00'00"W,A DISTANCE OF 8.14 FEET;
ONCE N00A00'00"W,A DISTANCE OF 14.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 431 SQUARE FEET,MORE OR LESS.
Sketch Of Site
0
f!�
Owner Initials
SSLP Initials /e7
Note: Owner and SSLP may,at SSLP's option,replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is
located and/or an as-built drawing depicting the Site.
0 this Exhibit A for PCS Site Agreement,Memorandum of PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.]
566020/SprintCityHall Lease-11-20-01
331614_3.DOC
EXHIBIT A
Site Description
Site situated in the City of Dania Beach,County of Broward, State of Florida,commonly described as follows:
Sketch of Site:
d.
i
RA-J%E�MEW"
K((� Mw -'Sprint PCS"
iC I OMAA BEACH R B CH BL MINf COI.FOU10 OETAII
�/ TJtlA PO >A �00 W.6BEA BEACH W4 TOAEA E1EVA71GN I�s�iMe.Yl w
'® t717ra11 .., O0 BEAM,CO NM �La a a
'/II fggpyyµp may) w.mw>naw ns mwnaa
Owner Initials // 1
SSLP Initials V
Note:Owner and SSLP may,a SSLP's option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is
located and/or an as-built drawing depicting the Site.
lee this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement,Option Agreement and Memorandum of Option Agreement.]
566020/SprintCityHall Lease-11-20-01
331614 3.DOC
This instrument prepared by:
Michael Christiansen
Mastriana&Christiansen
1500 North Federal Highway, Suite 200
Fort Lauderdale,Florida 33304
Return this instrument to:
Michael Christiansen
Mastriana&Christiansen
1500 North Federal Highway, Suite 200
Fort Lauderdale,Florida 33304
Do not write above this line-this space reserved for recording purposes
EXHIBIT B April99
Site Name City of Dania. PCS Site Agreement Site i. D. M 154XCO35
Memorandum of PCS Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated
2002, between City of Dania Beach, a Florida municipal corporation ("Owner') and Sprint Spectrum L.P., a Delaware limited
partnership ("SSLP").
�Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 116 West Dania Beach Boulevard, City
f Dania,County of Broward,State of Florida,within the property of Owner which is described in Exhibit A attached hereto, with grant of
easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of four(4) years and eleven (11)
months commencing on 2002,which term is subject to three (3) additional five (5)year extension periods by
SSLP.
IN WITNESS WHEREOF,the parties have executed this Memorandum as of the day and year first above written.
"OWNER" "SSLP"
of ania, a Florida municip corporation Sprint Spec tr m L.P., a Delaware limit d partnership
By: l`� By:
Name: FROB= H. CHUNN, JR.
Title: MAYOR Title: 7e L) :*--IE^r
Address: 100 W DANIA BEACH BLUR Addre s:
33004
Witnes as o wner: ' itn ses as to SSLP:
Printed Name: lylel Printed Name;
.rinted ame: ' / 7— Gti' Printed Name: all
Attach Exhibit A-Site Description
OWNER NOTARY BLOCK:
STATE OF
COUNTY OF
Th oregoing instrument was ackn wledged before me this �� day of 12002,
by 5 p , as - tK A_Y()f'� — of T 0 l F� `l , a
corporation, on behalf of the corporation.
J
(AFFAAWP��Ad9 �8�V (OFF_1i7_1ALPZTARYSIGNAT1URE)
Notary Public, State of Florida NOTARY PUBLIC—STATE OF
My comm. exp. Aug. 12, 2005
Comm. No. DD 032469
Cl'sPP
My commission expires: (PRINTED,TYPED OR STAMPED NAM-E OF NOTARY)'
COMMISSION NUMBER: D D—
SSLP NOTARY BLOCK:
o
TATE OF C�TJ Q
COUNTY OF Fu / 1 ydi
The foregoing instrument was acknowledged before me this OC day of 2002, by
Gf/�?ems L'Y. C:� {'' E56?C �_�i 'f� l/� ✓�/cT/�iC�i�,<;��V _5 of
Sprint Spectrum L.P., a Delaware limited partnership,who executed the foregoing instrument on behalf of such corporation.
(AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATUR _
%/
inrui,i1,,�
t�
P
N NOTARY PUBLIC—STATE OF
EXPIRES
" GEo GIA "
My commission expires: o .;uL•,.9 2003 (PRINTED,TYPED OR STAMPE AME OF NOTARY)
�'' 'x'R�YC• `
Escalating Payment Schedule
ISearch Ring# M154XCO35
Site Name Dania Fire Station
Enter first year base rent here $24,000.00
Enter percent of increase here 5% % PER YEAR
I Enter Sales Tax Rate here
Annual
Years Base Rent Increase Sub total Sales Tax TOTAL
1 24000.00 24000.00 0.00 24000.00
I2 24000.00 1200.00 25200.00 0.00 25200.00
3 25200.00 1260.00 26460.00 0.00 26460.00 .
4 26460.00 1323.00 27783.00 0.00 27783.00
I 5 27783.00 1389.15 29172.15 0.00 29172.15 5yrs = $ 132,615.15
6 29172.15 1458.61 30630.76 0.00 30630.76
7 30630.76 1531.54 32162.30 0.00 32162.30
8 32162.30 1608.11 33770.41 0.00 33770.41
9 33770,41 1688,52 35458.93 0.00 35458.93
10 35458.93 1772.95 37231.88 0.00 37231.88. 10yrs = $ 301,869.42
I 11 37231.88 1861.59 39093.47 0.00 39093.47
12 39093,47 1954.67 41048,14 0.00 41048,14
13 41048.14 2052.41 43100.55 0.00 43100.55
I 14 43100.55 2155.03 45255.58 0.00 45255.58
15 45255.58 2262.78 47518.36 0.00 47518.36 15yrs= $ 517,885.53
16 47518.36 2375.92 49894.28 0.00 49894.28
17 49894.28 2494.71 52388.99 0.00 52388.99
--- -- 18 -----52388-.99 ---2619.45 _55008:44 0.00 55008.44
19 55008.44 2750.42 57758.86 0.00 57758.86
20 57758.86 2887.94 60646.80 0.00 60646.80 20yrs = $ 793,582.90
I
t
I
i �
1
I
.v Escalating Payment Schedule
1
Search Ring # M154XC035
Site Name Dania Fire Station-Collocation Revenue
Enter first year base rent here $20,000.00
I Enter percent of increase here 5% % PER YEAR
Enter Sales'Tax Rate here
Annual
Years Base Rent Increase Sub total Sales Tax TOTAL
` 1 20000.00 20000.00 0.00 20000.00
2 20000.00 1000.00 21000.00 0.00 21000.00
3 21000.00 1050.00 22050.00 0.00 22050.00
4 22050.00 1102.50 23152.50 0.00 23152.50
5 23152.50 1157.63 24310.13 0.00 24310.13 5yrs = $ 110,512.63
6 24310.13 1215.51 25525.63 0.00 25525.63
7 25525.63 1276.28 26801.91 0.00 26801.91
8 26801.91 1340.10 28142.01 0.00 28142.01
9 28142.01 1407.10 29549.11 0.00 29549.11
_ 10 29549.11 1477.46 31026.56 0.00 31026.56 10yrs= $ 251,557.85
11 31026.56 1551.33 32577.89 0.00 32577.89
12 32577.89 1628.89 34206.79 0.00 34206.79
13 34206.79 1710.34 35917.13 0.00 35917.13
14 35917.13 1795.86 37712.98 0.00 37712.98
15 37712.98 1885.65 39598.63 0.00 39598.63 15yrs= $ 431,571.27
16 39598.63 1979.93 41578.56 0.00 41578.56
17 41578.56 2078.93 43657.49 0.00 43657.49
- 18 -- -43657.49 ---. - 2182.87 ._..45840.37 0.00 .45840.37
19 45840.37 2292.02 48132.38 0.00 48132.38
20 48132.38 2406.62 50539.00 0.00 50539.00 20yrs= $ 661,319.08
EXHIBIT A
• Site Description
Site situated in the City of Dania Beach,County of Broward, State of Florida,commonly described as follows:
Legal Description
DESCRIPTION - PARENT TRACT (AS PROVIDED)
THAT CERTAIN PARCEL OF LAND DESCRIBED AS"PARK", BOUNDED ON THE NORTH BY VIKING COURT;
BOUNDED ON THE EAST BY COPENHAGEN AVENUE; BOUNDED ON THE SOUTH BY COCONUT AVENUE;AND
BOUNDED ON THE WEST BY DANIA AVENUE,ACCORDING TO THE ORIGINAL PLAT OF THE TOWN OF
"MODELO",DANIA, FLORIDA,AS RECORDED IN PLAT BOOK"B", PAGE 49, OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA,LESS THE SOUTH 5 FEET THEREOF FOR ROAD RIGHT-OF-WAY.
DESCRIPTION- SPRINT PCS LEASE AREA (AS REQUESTED)
A PARCEL OF LAND LYING WITHIN THAT CERTAIN PARCEL OF LAND DESCRIBED AS"PARK",ACCORDING
TO THE ORIGINAL PLAT OF THE TOWN OF"MODELO",DANIA, FLORIDA,AS RECORDED IN PLAT BOOK
"B", PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA;BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF NW 3rd AVENUE(FORMERLY DANIA
AVENUE)AND THE SOUTH RIGHT-OF-WAY LINE OF HILL STREET(FORMERLY VIKING COURT);THENCE
N88A0T32"E,ALONG THE SOUTH RIGHT-OF-WAY LINE OF HILL STREET(FORMERLY VIKING COURT),
A DISTANCE OF 141.19 FEET;THENCE SOJA52'28'E,A DISTANCE OF 6.29 FEET TO THE POINT
OF BEGINNING;THENCE S81A44'23"E,A DISTANCE OF 23.44 FEET;THENCE SOOA00'00"E,A
DISTANCE OF 19.76 FEET;THENCE S88A59'34"W,A DISTANCE OF 15.06 FEET;THENCE
NOOA00'00"W,A DISTANCE OF 8.70 FEET;THENCE S90A00'00"W,A DISTANCE OF 8.14 FEET;
ONCE NOOA00'00"W,A DISTANCE OF 14.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 431 SQUARE FEET, MORE OR LESS.
Sketch Of Site
Owner Initials W
SSLP Initials
Note:Owner and SSLP may,at LP's option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is
located and/or an as-built drawing depicting the Site.
this Exhibit A for PCS Site Agreement, Memorandum cf PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.?
566020/SprintCityHall Lease-1 1-20-01
331614_3.DOC
. .. �.:,.: _...:.. ..,_ �:}y-_. ...:y...,.Lila..+ ........ 1,�....._.l a• 3 ... >.o..�.: .. >.._ ..a.1.....r.+.:
C:
Z I-60-p-
8/27/02
City of Dania Beach
C/O Charlene Johnson—City Clerk
100 West Dania Beach Blvd
Dania Beach, FL 33004
Dear Charlene,
Enclosed please find four(4) PCS Site Agreements and four(4) Memorandum of PCS Site
Agreements (executed by Sprint) for execution by the city of Dania Beach. Please return two (2)
originals of each document to my attention for filing and recording. Please contact me with any
questions or concerns you may have. I appreciate your assistance in this matter.
Sincerely,
Mark D Baesch
Mastec Wireless Services
Agent for Sprint PCS
954 739 4545 Ext.145
i
•i'I a STe c
Mark Baesch Site Acquisition Manager •:
MasTec North America,Inc.
3201 W.Commercial Blvd,Suite 116 Ft Lauderdale Florida 33309
954.255.1576 ext 145 fax 954.739.5678
www.mastec.com mbaesch@mastec.com
MasTec Wireless Services
3201 West Commercial 8/vd Suite 116. Fort Lauderdale FL 33309
954-739-4545/954-739-5678 Fax
EXHIBIT A
Site Description
Site situated in the City of Dania Beach,County of Broward, State of Florida,commonly described as follows:
Sketch of Site:
! �-s. a:• �
- _1 I '
�.� 4:
A
Al
m,�.a rc SrrE LOCAWN ..A._. ,.,.
.0 �� m.._ .. _ " m CUA&N Sprint PCS" i
:W W.b REACH a♦R roMBi E1EVA7R7N
;arwrro COL"M
Owner Initials ' V 1
SSLP Initials
Note:Owner and SSLP may, a SSLP's option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is
located and/or an as-built drawing depicting the Site.
`this Exhibit A for PCS Site Agreement,Memorandum of PCS Site Agreement, Option Agreement and Memorandum of Option Agreement.i
566020/SprintCityHall Lease-11-20-01
33161d 3-DOC
*Sprint
SPRINT FLAG POLE
DANIA BEACH FIRE STATION
101 West Dania Beach Blvd.
Dania Beach, FL 33004
a
L4 � 3 , u2
® SPRINT FLAG POLE PHOTO SIMULATION
DANIA FIRE STATION
Landscaping in addition to the Coco-Plum hedge and
Foxtail Palms may be added pending review from the
City Commission, Growth Management and Building
Departments.
Additional security lighting arrays may be added at the
City's request.
Flag Pole is depicted as "Off White" and can be painted
any alternate color the city would prefer within FAA
guidelines.
Z
��
1f t Y; x T�
I
�'�4 C M �&4,�JL♦F,.r `F.^_ .a" �,rw. _ si
.aI'.smo
�a--
,xsy. :�- i— �s��'hs',a ,.�"°,�-t+,''�«s"
�k4 GTar,2+h f °x�. �. 6 x^
+� srr'S r{.z=x' } a Sia `�
Nks
Ah,
i Him.
ra N�•�•�k�+>�+ `v���'S�� "`7-Y-'�iGyyr: ��"�^ cs�.Jk,Sq,,�Ya xEt ,�.�,27a � .3� �t�' .,$�'r'.tb' x„ �....
�.a x --r`�a '4'�' s`L,�� `u',_�y�k". �" �sr,. 2 ;'r•` '� r "�` °a''�"� ;, 4 �,...—' _ ��..
":x«E`�s:,g +arY+ 's.x at tT'�" 'a•-w'xt�'v'§�,� sz's��.t x m � a�^a� F'�x'fi`- ..`8 i. 4'.` � x
SPRINT FLAG POLE
DANIA FIRE STATION
SITE PLAN, ELEVATION AND LANDSCAPE
DETAIL DRAWINGS.
i(L
1
1 BEFORE THE DANIA BEACH CITY COMMISSION
2
In Re : Sprint Spectrum, . L . P .
ORIGINAL3
4 PUBLIC HEARING
5
6
7 Taken at City Hall, 100 Dania
8 Beach Boulevard, Dania Beach, Florida, on Tuesday,
9 October 23, 2001, commencing at 9 : 05 p .m. , by Shannon
10 L . Newhall, Registered Professional Reporter .
11
12
BEFORE :
13 PAT FLURY, Mayor
® ROBERT CHUNN, Vice Mayor
14 JOHN BERTINO, Commissioner
C . K. MAC MCELYEA, Commissioner
15 BOB MIKES, Commissioner
CHARLENE JOHNSON, City Clerk
16 IVAN PATO, City Manager
TOM ANSBRO, City Attorney
17
APPFAR.ANCF :
18
PERRY M . ADAIR, ESQ.
19 For Sprint Spectrum
20
21
22
23
24
25
H. Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman,Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
f
2
1 MS . FLURY : Okay. 9 . 3 . Second reading of
2 an ordinance, that was continued from an October 9th,
3 2001, an ordinance of the city commission of the City
4 of Dania Beach, Florida, approving a PCS site
5 agreement between the City of Dania Beach and Sprint
6 Spectrum, L . P . , pertaining to the placement of a
7 personal communications service system facility on a
8 parcel of land located and owned 'by the City of Dania
9 Beach, and more particularly described in the
10 attached exhibits to the agreement; authorizing and
11 directing the execution of the PCS site agreement;
12 providing for revisions ; providing for conflicts;
• 13 providing a severance clause; further, providing for
14 an effective date . Good evening .
15 MR. ADAIR : Perry Adair, 5201 Blue Lagoon
16 Drive, Suite 100, for Sprint Spectrum, L . P . I was a
17 little apprehensive to get up and talk about
18 arguments, until I heard the prior discussion . We
19 may not be public machine number one .
20 I 'm here with Jason Laskey, Mark Baesch, and
21 Villy Choute, and Tim Bligh . We are here again to
22 discuss the approval, hopefully, of the lease that ' s
23 been negotiated between you and my client for the
24 installation of the flagpole telecommunication,
25 installation -- and to get to the lease and for --
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman& Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
t
3
1 MS . FLURY: I --
® 2 MR. ADAIR: Today is not limited to
3 negotiation . This is I think the fifth visit of this
4 matter before you, and revisions have come that
5 members of the commission have identified certain
6 portions of the lease that they wanted tweaked, and
7 those were done to everyone ' s satisfaction, the
8 commission and my client alike .
9 What we are talking about today -- and I
10 wanted to follow up, and I want to be brief -- issues
11 that appeared new last time, and the issues discussed
12 last time was -- is the city giving the site away,
13 and are there other city-owned sites that would
14 work. And it ' s -- I think Commissioner Mikes brought
15 that one up, and I wanted to address that first . And
16 Jason and Mike will help me with some of the
17 exhibits, the first being the aerial, and at the same
18 time I want to look at our coverage map. Jason, if
19 there ' s things to pass out .
20 Your ordinance -- telecommunication
21 ordinance in this application has done exactly what
22 it ' s designed to do . And I want to read just a
23 couple of the intent sections that call out that use
24 of public property shall be given the highest
25 priority in siting telecommunication towers, and
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman,Feldman& Wildner-Ivy Court Reporting
-A Veritext Company Serving South Florida
4
1 antennas, and that the preference for city-owned
2 property is so great that the ordinance goes on to
3 say that telecommunication towers and antennas shall
4 be permitted on property owned, leased, or otherwise
5 controlled by the city.
6 And that was a point that I tried to make
7 last time, that is the only property in the City of
8 Dania Beach where the use is permitted. In other
9 words, every place else there ' s a process to go
10 through .
11 MR . BERTINO : Can I ask a question?
12 MR. ADAIR: Absolutely.
13 MR. BERTINO : Maybe our attorney can help us
14 out, too . Our verbiage is that -- is that it shall
15 be permitted. Does that mean that we must permit it
16 or does that mean that we have the ability to permit
17 it?
18 MR. ADAIR : That was a question to --
19 MR . BERTINO : To you, and if you ' re wrong,
20 he ' ll holler at you .
21 MR . ADAIR : Fine . That section of your
22 ordinance says that -- well, addresses two
23 different -- there ' s two different questions within
24 your question . One is , it ' s called out as a matter
�- 25 of policy it ' s a permitted use, but it also says
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
5
1 you ' re not obligated to enter into a lease even if
2 you can meet all the criteria of the ordin
ance .
3 MR. BERTINO: So it doesn ' t mean -- we can
4 if we so desire, but we do not have to .
5 MR. ADAIR: Right . The ordinance does call
6 on its face there ' s no obligation to enter into a-
7 lease .
8 MR. BERTINO : Thank you .
9 MR. ADAIR: And your ordinance creates a
10 scenario or a process that drives carriers first to
11 city-owned properties . In fact, it says in 33307, if
12 an applicant does not want to go to a site in the
13 city' s inventories of sites, it has to prove that its
14 not technologically feasible to one of those sites on
15 the city ' s inventory.
16 So what our contention is -- I don ' t want
17 belabor this issue, but under the telecommunication
18 act, you ' re telling applicants that you need to look
19 to city-owned properties if you cannot show -- and if
20 you don ' t want . to go to a site inventory, that it.' s
21 not technologically feasible . So at that point, you
22 get to a place, if you show us those things and. we
23 still don ' t enter into a lease with you, or refuse
24 to, we have some questions about whether it runs a --
• 25 MR . BERTINO : On the telecommunication
H. Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
6
1 act -- I don ' t really understand these things, but on
2 a telecommunications act, I believe that says that if
3 you are going to put an array up somewhere, that the
4 only way that the act will make it mandatory, if
5 there ' s no other way engineeringly possible that you
6 can get the desired effect that you need by putting
7 it on any other piece of property; is that not true?
8 MR. ADAIR : Not exactly.
9 MR. BERTINO : No?
10 MR. ADAIR: The telecommunications act says
11 this -- and here in this -- in this city -- for
12 instance, in Dade County --
. 13 MR. BERTINO : Yes .
14 MR. ADAIR: -- you ' d be coming to the
15 commission council to decide a number of issues .
16 City-owned property you make submissions to your
17 staff that prove certain things, and by the time you
18 get to the city commission, what you ' re talking about
19 are the terms of your lease . One, of course,
20 includes the location, but the other matters -- other
21 predicate matters in your ordinance are dealt with by
22 staff of the -- the telecommunication act says this ;
23 there ' s a section that ordinarily is done by
24 commission, preservation of local zoning authority,
25 and it says these things about decisions made on
H. Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-iVlatz,Traktman, Feldman&Wildner- Ivy Court Reporting
A Veritext Company Serving South Florida
7
1 wireless facilities, the provision of wireless
2 services, they must be based on substantial competent
3 evidence, and can ' t unreasonably discriminate against
4 carriers .
5 And sometimes you ' re in forums where they
6 are discussed amongst commissions, but in this
7 city -- and I would refer to your attorney -- the
8 biggest policy issue is where is the use permitted,
9 and that has already been decided by this -- the
10 commission that adopted this ordinance . It says it ' s
11 permitted on city-owned properties .
12 MR . BERTINO : We permit it on city-owned
13 properties and we permit it on other properties . And
14 the way I read the telecommunications act -- and,
15 again, I 'm not even a notary public, so I have to go
16 to the superior knowledge of the law. The fact that
17 if we provide other areas or if there are other areas
18 that will meet the criteria, technologically, or an
19 array to meet your needs, or put up an antenna,
20 that ' s all we are required to do under the law is
21 that at least have someplace in our city that would
22 meet your needs .
23 So, in other words, I would construe that as
24 being if you say the only place you can put that
25 array is on Dania Beach City Hall at exactly so many
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
1
8
1 degrees and minutes and seconds of latitude and
2 longitude, that happens to fall right out here near
3 our generator, that that 's the only place it can be
4 put, then probably under the telecommunications act,
5 we would have to allow you to put it in .
. 6 But in eventuality, it could be put some-
7 other place in our city that we do have an allowable
8 ability to put up arrays, then that would be an
9 alternative that you could pursue, and it would not
10 be mandatory upon us to let you put it on city
11 property. I think.
12 MS . FLURY : Before you answer, though, let
13 me just clarify something . You know, I -- and I -- I
14 know you have good knowledge of the telecommunication
15 act, but I feel a little more comfortable if -- if
16 our attorney would advise us on this issue of whether
17 or not we must or shall and -- because when we left
18 this meeting the last time -- I know you have been
19 back here a few times, and we regret that you have
20 had to come back.
21 But I thought when we left this meeting last
22 time, we had gone through much of this and we had
23 asked if you would look at other locations in the
24 city and perhaps other properties that the city may
25 own . And I thought that ' s what you were going to
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman. Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
1
9
® 1 respond to this evening . But to the other issue
2 of -- of the must we or shall we, I would really feel
3 more comfortable if our attorney would advise us on
4 that matter, whether tonight or on a future date .
5 MR. ANSBRO: You do not have to sign a lease
6 with these people . That ' s the answer .
7 MR. ADAIR: Now --
8 MR. ANSBRO : Before we deny the opportunity
9 to them, I -- I have to recommend to you, findings to
10 support your denial, because of things that are
11 consistent with what you talked about at the last
12 five meetings . So before you make a motion, if it is
13 such a motion to deny or to turn down this ordinance,
14 I need to counsel you .
15 MS . FLURY : Okay. And I would like for you
16 to answer the issue of have you looked at other
17 properties throughout the city.
18 MR. ADAIR: Mayor, I digressed, but I was
19 getting to that very point, because one of the things
20 Mr . Mikes said in closing, look at some other
21 city-owned sites, and we did that . But when you ask
22 the question under the ordinance, you don ' t ask it in
23 a vacuum, because your ordinance requires you, if
24 you ' re going to build on a site, can ' t collocate
. 10 25 someplace else . You have to minimize the sites you
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
10
1 have to build, and you have to take the maximum
2 advantage of -- you can of collocation, or can you
3 get someone to come on board with you .
4 I ..might want to hold up the before coverage
5 map . That coverage map, the blue area into the red
6 area indicates the place where we have areas of
7 inadequate or absolutely -- absolute -- inabsolute --
8 Jason, ' on the aerial, show where that area
9 coincides . It ' s really over the City of Dania
10 Beach .
11 If we are going to install an installation
12 that will solve the coverage problem in one
13 installation, it has to go in a -- Jason, can you --
14 and the area is defined by landmarks, a circle that
15 would intersect the water tower and the AT&T tower,
16 both eliminated for structural reasons .
17 That circle is where that has to go . If you
18 see the ordinance, solve the site with as -- we can
19 do it with one if it goes into that circle . You ' ve
20 got to look into the circle for what city-owned
21 properties are there . There ' s two, the fire station
22 and there ' s City Hall . That ' s the only two .
23 In addition, the need here that this map
24 evidences is not a thing of science fiction . I mean,
. 25 there are customer complaints, there are surrounding
H. Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Nlatz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
11
1 sites, and if you look at the green area, which are
2 areas of good coverage, in the middle of those areas
3 is an existing site .
4 And, Jason, if you can take these copies,
5 I 'm going to show you -- and I have copies for you
6 all -- the City Hall site on this map . This exhibit
7 calls out the distances, et cetera, from the
8 surrounding sites . And you can see from the -- to
9 the west and to the south, it is two miles from each
10 of those, and then two and a half miles from this
11 site to the northeast . And I 'm trying to explain how
12 we focused on this area, how we came to the
13 conclusion we can solve the problem with one site .
14 The -- the -- those green areas, again,
15 where I got off on this tangent is where -- where he
16 is pointing to are the surrounding sites . So when we
17 receive customer complaints, we run those propagation
18 maps through plan software, most widely used in the
19 industry, and what it tell us is, here are the sites
20 on air, here ' s the coverage they are providing, and
21 here ' s the coverage that is between them.
22 And, in fact, it confirms what our customer
23 complaint data had told us and what the data
24 collected from those sites -- in other words, when a
25 call is blocked or developed from your phone, that
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman,Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
12
1 data is collected and verified what we thought was
2 the case, we had the p
coverage gap.
g
3 Hold up the other propagation now. That
4 propagation map shows the City Hall site on air, and
5 will solve that coverage problem. For purposes of
6 our discussion of fire station and the City Hall,-
7 there -- from RF perspective, they are both
8 acceptable . Because the proximity are so close,
9 either one will solve the problem.
10 We ask City Hall be considered, because we
11 did a lot of work with both the staff and our lease
12 and drawings and testing what we done . Very briefly,
® 13 I want to have our engineer put his name on the
14 issue, so explain that what I have explained, the RF
15 issues, are correctly --
16 MS . FLURY : Good evening .
17 MR. CHOUTE : Good evening . My name is Villy
18 Choute . I ' ve been with Sprint for about a year, and
19 I have a master degree in system engineering .
20 MR. ADAIR : Did I explain it properly?
21 MR. CHOUTE : Yes, I think you have done a
22 great job .
23 MR . BERTINO : Just a question .
24 MR . ADAIR : Yes, sir .
25 MR. BERTINO : This map you just handed us,
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman& W ildner-Ivy Court Reporting
A Veritext Company Serving South Florida
13
1 for the record, marked Dania City Hall information
2 map --
3 MR. ADAIR: Yes .
4 MR. BERTIN.O: -- that circle in the center
5 of that map is the area where it would meet all your
6 RF needs?
7 MR . ADAIR: Circle on this map . And I 'm
8 glad you brought that up, because I can ' t -- the map
9 may not be to scale . That ' s why I showed you on the
10 aerial . The boundaries of the circle we are talking
11 about may not be that circle, but on that aerial,
12 when I say the circle would intersect the water tower
�.3 and the AT&T tower, I 'm sure the commission ' is
14 familiar when I talk about those sites . That is
15 actually the diameter .
i
16 On this map, if that ' s to scale, that I f
17 can ' t tell you . It may not be . That ' s the place we
18 need to be . And the reason we went through that
19 trouble is to answer the question, it ' s not what
20. city-owned property --
21 MR . BERTINO : No . No . That I understand.
22 I think your circle here is incorrect . But it ' s not
23 necessary, that if -- if we deem the city property
24 that ' s within the circle of necessity for your
�5 telecommunications towers to be so valuable and so
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman,Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
14
1 scarce that we need to keep it for public purpose,
2 then, obviously, we may want
a g you to o to private
Y
3 parcel of land and put your facility there, so that
4 we can keep the public land for public purpose,
5 because of its scarcity and the need for it within
6 the proximity of where you have to have your tower .
7 If that ' s given a truism, then you have
8 another tower over here, AT&T tower . You have some
9 vacant pieces of land along the railroad tracks and
10 such which are private . You have a piece of land
11 next door to us which is private . So there would be
12 ample private land that will meet your edicts, as far
• 13 as where your antenna has to be placed; is that not
14 true?
15 MR. ADAIR: Part of it is true . A couple of
16 the sites you mentioned and what you said,
17 structurally, they won ' t accommodate us . Even your
18 own ordinance shows that some sites won ' t qualify .
19 We submitted that information . But the city can make
20. a policy or value judgment that a city-owned parcel
21 is valuable .
22 And I 'm glad you brought that up . With that
23 goes to the potential revenue to be generated
24 potentially by this site . In other words, Sprint is
25 committed to it . Verizon has a letter of content
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman. Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
15
1 they' ve given to it . I want you to -- if you could,
2 to bring up the -- your chart on the potential
3 revenues that could be generated. There ' s a chart .
4 We are going to hand it out and put it up on
5 the overhead to show the revenues to be generated by
6 this site . The -- again, if it ' s -- if it ' s Sprint
7 alone you' re talking about, over the 20-year term of
8 the lease, if it ' s approved, is $800, 000 . Verizon
9 again is giving us a letter of intent, they want to
10 come on board this flagpole -- and, again, the
11 Margate lease has been something that ' s used as sort
12 of a guide for the formation of this lease and the
• 13 rents .
14 Verizon is aware of those -- the rents ; if
15 you use Margate as a model . If they come on board,
16 the revenue over 20 years is $1, 400, 000 . If a third
17 carrier can come on board over 20 years -- by the
18 way, the -- in this are the -- the 5 percent a year
19 increases that are part of the lease we propose, and
20. it assumes that those -- the same 5 percent will be
21 negotiated with other carriers . I want to be fair
22 with the numbers we are looking at .
23 But if a third carrier, it ' s just over $2
24 million over the 20-year period off a parcel of
® 25 property that is -- at least at this juncture is not
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman,Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
16
1 utilized. But there -- the only mention -- nowhere
2 during our discussions of several months with the
3 city has there been any discussion with other use of
4 that property. But if we could have the site plan
5 put up . One of the witnesses that came and testified
6 last time certainly mentioned of giving the site
7 away, and I suggest with these numbers the site is
8 not being given away. And there was a mention of
9 parking . But we thought if you have a look at this
10 site, you -- you recall one of the changes we went
11 through in the discussion of this is how big the
12 leased parcel was going to be, and then how much room
® 13 we were going to leave for carriers . And when this
14 discussion first started with the city, we were going
15 to have that entire compound referenced, and then it
16 was decided we would just show what ' s on the
17 right-hand side now and left side for two future pole
18 locators, so in these hearings is potential use for
19 parking .
20 We had our engineers look at. it, and that --
21 and there ' s a number of ways you can lay it out, but
22 about 11 parking spaces, what you ' re talking about in
23 that particular area, assuming you use that for
24 parking anyway . You have to remove trees and things ,
25 but that ' s the judgment you ' re looking at, is a
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman, Feldman& Wild'ner-Ivy Court Reporting
A Veritext Company Serving South Florida
17
1 potential of over $2 million in revenue for the sake
• 2 of 11 parking spaces . I wanted to look at that
3 because the issue was brought up last time we were
4 together.
5 MR . BERTINO : Would you guarantee that
6 potential?
7 MR. ADAIR: Sprint is on board, and the
8 lease -- or the lease is five years with options to
9 renew. And that ' s almost 700, $800, 000 . So
10 unless -- a deal is a deal . Unless the lease is
11 renegotiated, those options are .exercised, then
12 that ' s the revenue stream. I do assume . And I want
13 to be very fair about this, so we can talk about what
14 the numbers really are .
15 The Margate has been used as a guide . When
16 Verizon comes in, $20, 000 is the numbers we used in
17 this projection, that the city negotiates that with
18 them. And if the city says, well, it ' s not 5 percent
19 increase for you, it ' s 2 percent, those numbers will
20 not be correct .
21 So Verizon has a letter of intent . We are
22 on board. Let ' s talk about a third carrier for a
23 minute . The reason it ' s getting so tough to site
24 telecommunication facilities, because there ' s a
• 25 tremendous demand. You have 12 towers around and now
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
18
1 you ' re infilling because of the demand, and abutting
2 up residential neighborhoods . They are tough . Our
3 experience, if you build a site, they will come . And
4 I ' ll be optimistic that somebody is going to come and
5 take that space on the flagpole . Whether they will
6 or not, we don ' t know, but we are collocating on
7 other sites and so are other -- other carriers .
8 So the transparency of the installation
9 itself . The point that we are trying to make is that
10 when you have an ordinance on the books, the carriers
11 who want to come into the city are charged with
12 trying to comply with the ordinance, and yours is
13 minimizing the number of towers, and ours complies
14 with that, and it makes it an extremely potential
15 financial use on a property that ' s now unproductive .
16 And we worked very hard with your staff and
17 commission and we appreciate everyone ' s input on
18 the -- getting the lease in the shape where it ' s
19 acceptable to everyone .
20 So because we think we ' ve met the city' s
21 requirements, because we cannot show that a
22 city-owned site will not work technologically,
23 because it will, we ask you to approve the lease as
24 to its form and approve its location, as well . We
• 25 have many -- many cities are doing this . You
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
19
1 won ' t -- Miami Springs has a flagpole on city-owned
2 property. It ' s done b cities and it ' s a good --
Y
3 it ' s a good -- fiscally, it ' s a good use of --
4 MS . FLURY : Mike, did you have a comment?
5 MR. MIKES : The flagpole isn ' t the problem.
6 I think you did a good job of making an antenna . - The
7 problem is square footage on the ground that ' s
8 dedicated for property that ' s a public purpose
9 property, and then to get significant revenue, you
10 need one or two more, because, you know, you heard
11 comments from the audience at the last meeting that
12 $24 , 000 -- you know, it starts to restrict public use
13 of the property if we were to redevelop City Hall, or
14 whatever reason. You know, we now would have
15 limitations imposed on us because of granting this
16 ground.
17 Let me ask you a couple other questions .
18 We 've got a couple other properties . We got sheriff
19 substation over there, couple parks within the area .
20 But we also .have a building that was designed, . any
21 reason -- you know, my thought, like a lot of the
22 condos and hotels we are approving, a lot of these
23 are built into the roof structure and not -- I mean,
24 you want how -- 600 feet or something like that,
• 25 square feet . What if you did go -- like we have a
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman. Feldman& Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
20
1 fire station that was designed for a second floor .
® 2 If you were able to use and architecturally
y
3 bring that into a decent appearance, could you put it
4 across the street on the fire station? I don ' t think
5 I have a problem with the flagpole in front of the
6 fire station .
7 MR. BERTINO: And the building on top .
8 MR. MIKES : It will hold a decent load .
9 MR. ADAIR: I want to make sure I 'm -- the
10 question you ' re asking, you have to have the height .
11 MR. MIKES : I understand that .
12 MR . ADAIR: The -- some installations have
• 13 equipment indoors . There are some limitations on how
14 far your equipment can be -- because the farther you
15 travel with your equipment, the more signal you
16 lose . But nothing prohibitive about putting an
17 antenna on the --
18 MR. MIKES : Because we have a building --
19 that building was built to take up a significant load
20 and wouldn ' t -- I don ' t think we ' ll move the fire
21 station in the near future, and that wouldn ' t be -- I
22 hate to give up even eleven parking spaces . Doesn ' t
23 sound like much, but there are events of this city,
24 and there are occasions where we have -- set up
25 booths and have public fairs and whatever . we have
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman. Feldman& Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
e
21
1 our 100th anniversary coming up, and we need the
2 ground space around City Hall .
3 MR. ADAIR: Out in this particular section,
4 I mean, you do have some things out there that
5 clutter up your ground space, and I understand your
6 point . If the fire station might be a better site
7 the commission might be inclined, and we met with the
8 fire chief and discussed some location -- I don ' t
9 know where you ' re envisioning, but there are
10 limitations where it can go there .
11 MS . FLURY: He ' s referring to the roof .
12 MR. BERTINO : Tower is -- a building is what
13 he ' s talking about .
14 MR. ADAIR: Flagpole .
15 MR . BERTINO : Right in front of the fire
16 station .
17 MR . ADAIR: One of the places -- I want to
18 give you the benefit of what the chief told us .
19 MR . BAESCH: Mark Baesch, 3201 West
20 Commercial Boulevard . I did meet with Kenneth Land.
21 and spoke with him on the phone regarding the fire
22 station located next door . The two parcels that we
23 discussed, he has an area behind his administrative
24 offices located directly adjacent to the Dania
25 Women ' s Club, that parcel, approximately 40 by 60 in
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman,Feldman& Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
22
1 an area that he said would be conducive, looks
2 directly out of his office window .
3 Second area is -- a possible position is the
4 main entrance here off Dania Beach Boulevard just as
5 you pull in . There ' s a triangular piece of grass
6 area between the administrative building and the
7 building located on the back. That particular parcel
8 in the front just as you pull in off Dania Beach
9 Boulevard would accommodate Sprint itself, being it ' s
10 a triangular configuration . The alternative to that
11 is the area located behind his office, by the Women ' s
12 Club, where it ' s 40 by 60 .
13 MR. MIKES : The green space within their
14 fence enclosure .
15 MR. BAESCH : If you. pull directly into the
16 fire station off Dania Beach Boulevard, just past the
17 chamber of commerce, directly in front of you to the
18 north there is a building located east, west, and you
19 have the administrative buildings there . There ' s a
20 triangular piece . of grass when you --
21 MR. MIKES : What about putting it on the
22 roof of that building?
23 MR. BAESCH : The flagpole design .
24 MR. BERTINO: Not the flagpole .
25 MR. BAESCH : The equipment .
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman& Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
2J
1 MR. MIKES : Our problem is, like I said, we
2 have various community events, and we need almost all
3 the ground space .
4 MR. BAESCH : Can the equipment be put on the
5 roof top? Yes, a design can be designed that way.
6 MR. MIKES : That might be the easiest way,
7 if you can do it architecturally, if it looks
8 reasonable, because it ' s designed for a second story
9 over there specifically.
10 MR. BERTINO: And it would be -- because we
11 are envisioning a governmental campus in the future
12 that would incorporate all of this area and walkways
13 and general exhibition areas, and things such as
14 that . So every bit of space we have on City Hall on
15 the ground is extremely important to us .
16 Now, on the roof of the fire station,
17 obviously, we are not going to do anything on the
18 roof of the fire station now, and it was built -- and
19 it was built for a second story, so it would have
20 ample undergirding in .order to hold up the weight
21 that you, would have in this small unit . Now, I say
22 small unit -- this small unit could fit up on top of
23 that roof I think without any problem. And designed
24 properly, so it doesn ' t look like a sore thumb, and
25 the flagpole can go out in the front where the
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman,Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
24
1 flagpole is . That might be the solution .
2 MS . FLURY: If that -- I think there is
3 general consensus, and I 'm -- I 'm not speaking for
4 anyone, but my sense is that space is so scarce, and
5 we are growing, so we need every inch that we have on
6 this campus . And I doubt that any of the
7 commissioners are going to be amenable to giving any
8 of that space up . But it appears to me that there
9 might be some agreement if you would consider going
10 the roof top of the fire department, if that ' s not --
11 if that ' s acceptable and that ' s doable . Is that the
12 general consensus here?
13 MR. BERTINO : That ' s mine .
14 MR . MIKES : Get an architect .
15 MS . FLURY : I mean, if you are agreeable to
16 that, then I --
17 MR. MIKES : Might have to buy us a couple
18 trees to put in there, too .
19 MR . ADAIR: Trees -- we didn ' t have this
20 discussion with any members of staff . There was
21 some -- there may be some plans envisioned for this
22 property. That ' s not to be critical of anyone . What
23 I would like to do, if the commission is so inclined
24 that the fire station would be a better city-owned
25 site, what I would like to do if we can, and I think
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman& Wildner- Ivy Court Reporting
A Veritext Company Serving South Florida
25
1 we can, if you refer to -- to your -- the city
• 2 attorney under the current advertising, if the former
3 lease is acceptable, except to the location, that the
4 fire station -- that the form of the lease be
5 approved as been negotiated with us, to come back and
6 present to you the site plan for using the fire
7 station .
8 The only point I want to be very clear on
9 that is that we would like the opportunity to show
10 you a site plan that maintains the equipment on the
11 grounds so you can see what it looks like, if it
12 takes too much property even for the fire station,
13 and if that ' s -- that ' s the commission ' s decision,
14 then we show you the pros of putting it on the roof
15 top . Because it may configure that it --
16 MR. MIKES : Problem is, for us to even -- we
17 need two of these probably -- basically you heard
18 people in the audience last time for one use it ' s
19 hardly worth complicating -- makes it more
20 problematic, public use of. our property, once you
21 start taking up our land. You heard that from the
22 mayor, from Bertino, and you heard, it from me .
23 I feel certain the fire station -- we just
24 renovated and we ' re not going to make any changes in
25 the future, and that ' s not going to change our future
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
26
1 plans; bring historic homes in the area and a
2 campus . And this envision has been underway for a
3 number of years . It ' s not something we came up with
4 because Sprint is here . This has been the vision of
5 the city for some time to put this kind -- this in
6 place . So we are willing to work with you, I think.
7 I think you heard that . But I don ' t want to use up
8 any ground space if it can be put up on that roof .
9 MR. ADAIR: That ' s fine . I understand your
10 direction, and we can -- it doesn ' t -- I mean, it ' s
11 our dime, so we can bring you both the drawings --
12 MR. BERTINO : I saw one set of drawings .
13 It ' s your money .
14 MR. ADAIR: What I would like, if it ' s
15 permissible and the advertisement is, if the
16 commission is not satisfied with the terms of the
17 lease, we at least get that done, at least have the
18 lease approved as to form, with the exception that
19 it ' s an exhibit that calls out the location, that the
20 form of the lease is approved but not at the location
21 for the -- at City Hall . So we can come back with an
22 exhibit --
23 MS . FLURY : Comment?
24 MR . ANSBRO: I have not any title work done
25 on the property across the street . I need to now go
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman, Feldman&W ildner-Ivy Court Reporting
A Veritext Company Serving South Florida
27
1 back to square one, make sure there ' s no deed
2 restrictions to effect that . Clean the record, clean
3 the decks, vote this ordinance down for this purpose,
4 because . it really has no life to it . We can ' t drag
5 an ordinance around while we go through this and
6 start afresh, because it is a new site . People are
7 not being notified where it is, and so I want to make
8 sure notice is adequate to the public . Anybody
9 objects to it, at least they have the opportunity to
10 do it . Won ' t take long to do it . They are saying,
11 obviously they are comfortable with the form of the
12 lease, it ' s the location . So let ' s get to the meat
13 of it, which is putting it across the street .
14 MS . FLURY : Before we entertain a motion, we
15 should open this to the public . Is there anyone who
16 would like to speak for this ordinance .
17 MR . SULLIVAN : My name is Pat Sullivan . I
18 live at 529 Northwest Seventh Street, Molucca { sic}
19 Gardens, and I own the AT&T site down the road like
20 one block north of here, and I .spoke to Mark earlier
21 during the week. And I didn ' t realize these meetings
22 were going on . And I wish the city -- wherever you
23 want to put this antenna is your affair, and if it ' s
24 going to make the city better, and it ' s a great
25 looking flagpole, put it there .
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman,Feldman& Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
28
1 But if you don ' t have a space for it and if
2 they P P want to put multiple -- one of the things I
3 talked to Mark about -- and he was objectionable
4 about my site, the AT&T site . It ' s been there 11
5 years and never bothered anybody. People don ' t even
6 notice it . Is there -- there ' s one house there that
7 that ' s the -- one of the residence that they don ' t
8 want to put their antenna there, and it ' s an older
9 wooden home that ' s going to come down, and a
10 warehouse will go up in its place visually.
11 So I think there ' s a few little things they
12 can look at if -- maybe he wants to address it now,
13 but that the AT&T site could be used by them. That ' s
14 basically all I have to say about it .
15 MS . FLURY : Thank you . I.s there anyone else
16 from the public? Any comment?
17 MR. ADAIR: Two things, the part I want to
18 address, structurally, the AT&T tower is a problem.
19 We submitted the engineer, we ' ve done on it . If our
20 antennas are put there, along with some other AT&T,
21 the tower will fail . And the ordinance is very
22 clear . And we can run these numbers for you and give
23 them to you, that if getting -- this setting aside
24 the height issue, because we can ' t get the height of
25 the installation for the AT&T tower . Adapting an
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman, Feldman& Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
29
1 existing structure exceeds the cost of your new
2 installation. It ' s presumed unreasonable . That ' s
3 the policy the city has . And we ' ll be happy to
4 supply you with those numbers if we are coming back.
5 If you can get on the existing installation, you 'd
6 love to do, number one, it ' s a lot cheaper, for me,
7 too, because you ' re not having these discussions .
8 We ' ll supply that . And the other part . of the
9 comments I ' ll let Mark go .
10 MR. BAESCH : I 'd like to clarify the
11 conversation he had with me . He asked me -- and one
12 was a structural issue . This tower was actually
13 initially evaluated the -- August of 2000, and we
14 would definitely look at a collocation option first,
15 and explaining to him, I did explain to him that
16 there was a residential facility located next door .
17 My comment to him was that it was a concern
18 of mine in utilizing or building -- he asked me if I
19 could build another tower on that property, and my
20 response, structurally, there is a .residential
21 building next door . You have a pre-existing tower on
22 your property. One of the biggest concerns the city
23 had when we started negotiation was 250 feet from any
24 residential structure . So that ' s where the
25 combination of where that information flows from in
H. Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman,Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
30
1 regards to the residential structure . It was one
2 concern of many concerns that we ruled out well over
3 a year ago regarding this particular structure, so .
4 MS . FLURY: Any other comments? You got to
5 be brief, okay?
6 UNIDENTIFIED SPEAKER: At the present United
7 States of America . The flag will go up there . He
8 told me, he said, the United States of America . They
9 say about New York. They saw -- you City Hall, right
10 here, on Dania Beach Boulevard, right here, the tower
11 like that . Not that tower .
12 MS . FLURY : They are going to look at
13 putting it on the fire station . That will look
14 good. The flag will be up.
15 Hearing no one, seeing no one, we will close
16 the public portion of this meeting and we should vote
17 on this ordinance .
18 MR. BERTINO : Motion to deny.
19 MS . FLURY : Is there a second?
20 MR. MCELYEA: Second.
21 MS . FLURY : Second . Mr . McElyea, did you
22 have a comment?
23 MR . MCELYEA: I heard one, and I heard the
24 attorney say he would have to research this
25 situation, and he searched it higher .
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman. Feldman& Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
a" a D
31
1 MR. ANSBRO: For this property.
2 MR. MCELYEA: I think you ' re missing
3 something someplace .
4 MR. ANSBRO: We are talking. I ' ll take a,.
5 fresh look. I know you have a concern about it . - If
6 you want to buy title insurance --
7 MR. MCELYEA: How did we obtain that? Did
8 we find that out?
9 MR. ANSBRO : I have a report this thick, and
10 I had a lawyer in Miami say, do we have a clear
11 title, and he said, yes, no deed restrictions .
12 MR . MCELYEA: How did we acquire it?
13 MR. ANSBRO: I don ' t have the answer .
14 MR. MCELYEA: Flagler gave this to us .
15 MR . ANSBRO : Flagler .
16 MR . MCELYEA: Yes, when DuPont took over .
17 Mulligan was the first mayor of this city. I grew up
18 under him, and I 've been around city Hall most of my
19 life, and I know. Not the most vocal person on this
20 commission, but not the dumbest .
21 And I pretty well know -- Frank Adam was
22 probably one of the best attorneys in this county,
23 and he died, and he wanted to put parking meters
24 around here, and he said we cannot do that . And I
25 want you to do a good research, because if you don ' t,
H.Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman,Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
32
1 I 'm not a loser .
2 MS . FLURY: We ' d like to move on then .
3 There ' s a motion on the floor . There was a second.
4 May we have the roll call?
5 MS . JOHNSON : Mr. Bertino .
6 MR. BERTINO: Yes .
7 MS . JOHNSON : Mr. McElyea .
8 MR . MCELYEA: Yes .
9 MS . JOHNSON : Mr. Mikes .
10 MR. MIKES : Yes .
11 MS . JOHNSON : Vice Mayor Chunn .
12 MR. CHUNN : Yes .
13 MS . FLURY : Yes .
14 (Hearing concluded at 9 : 45 p .m. )
15
16
17
18
19
20
21
22
23
24
25
H.Allen Benowitz-Jessica R.Berman-Peggy Ann Cook-Matz,Traktman, Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
• 1
2
3
4
5 2001
6
7
8
9 I hereby certify that the evidence and
10 proceedings are contained fully and accurately in the
11 notes taken by me of the testimony of the within
12 hearing, and that this is a correct transcript of the
13 same .
14
15
16
l
17 Shannon L. Newhall
Registered Professional Reporter
18
The foregoing certification does not apply to any
19 reproduction of the same by any means unless under
the direct control and/or supervision of the
20 certifying reporter.
21
22
23
24
� 25
H. Allen Benowitz-Jessica R. Berman-Peggy Ann Cook-Matz,Traktman,Feldman&Wildner-Ivy Court Reporting
A Veritext Company Serving South Florida
• Sprilut,
I)ANIA BEACH FIRE STATION #1
Weiss Serota Helfman
Pastoriza & Guedes P.A.
Memo
CITY OF DANIA BEACH
TO: Mayor and Commissioners
FROM: Ivan Pato, City Manager
Gary Resnick, Office of the City Attorney
cc: Larry Leeds, Growth Management Director
Tom Ansbro, City Attorney
DATE: June 18, 2002
RE: Sprint Spectrum Application to Lease City Property for a Cell Tower
Sprint Spectrum, L.P. ("Sprint") applied to lease City property to erect a cell tower. Sprint had
originally requested to lease a portion of the City Hall property. However, when Commission
members and residents raised issues with leasing City Hall property for this purpose, Sprint
withdrew its application to lease City Hall property and considered leasing property at Fire
Station No. 1, 116 West Dania Beach Boulevard. Sprint applied to lease a portion of the Fire
State No. 1 property to erect a 97' tower in the form of a light pole.
Summary of Proposed Lease Terms
• Description of Site and Facility: Sprint will lease 600 square feet of the parking area in
the back of Fire Station No. 1 and will construct a 97' tower in the form of a light pole
and install equipment within a fenced, secured area. The tower will be constructed to
accommodate two additional carriers. Attached please find photo simulations of the
intended tower. Sprint's construction will be subject to obtaining the necessary permits
from the City.
• Length of the lease: The lease will be for an initial term of five (5) years with three five
(5) year automatic renewals for a total term of twenty (20) years.
•
Mayor and Commissioners
June 18, 2002
Page 2
• Compensation: Sprint will pay an annual rent of$24,000 with increases of 5% per year.
Sprint has agreed to reimburse the City $17,500 for the City's costs and fees in
conjunction with the application. Sprint will also contribute $5,000 to the City's
landscape trust fund. The City will receive additional compensation if other carriers co-
locate on the tower. If another carrier desires to co-locate its facilities on the tower, it
must rent additional ground space from the City, or, if it does not need additional ground
space, Sprint will pay 50% of the rent it receives to the City.
Recommendation
Based on the foregoing, it is our recommendation that the City Commission grant Sprint's
application to lease City property at Fire Station No. 1 to construct a cell tower. Pursuant to the
City's Charter, a lease of City property of twenty years must be by ordinance. Accordingly,
attached please find a proposed Ordinance granting Sprint's application.
•
566020/MemorandumRe Sprint 6-18-02
5 �' fFy.
9- �,�
-A
-•4.. �, ��t'+� < h �.r^ 1'"+ �'"§+ § - .d �5,,�.7t;� .�$R.A c:il..k ^".�Q Y� . ��� n
l*
wry
43c'A�'�,
a�'3.
14
E.
ai
's 7.—F
��4rx'�r��- �'#�ss �� nr'��� �' ��,�"�i�j; ,�,�.-',�°'�� �'r..� � ...� 1 J!- � �:�...'s �,�""r � �'�.a'c' a'r$i�^,t��aalr��t,"` '"4`-v�• G�«�it�` �.;f
JO .c:.'33 `
-IgN
rta P w a
R v¢-..ti
ari r •i
�m�,��rt;
a a
tx ' �x , ate a a�< ,,rjll� �NF �: 8 m y Gar a 5s �r s 1 MSS i l i a
- zf .ba p 'y' v r L?'� �, i•t�, +ice xJ,c.,m 2 tr h..k�ry.,,�'�
AN
6'{�C ak: "� -+�d+.y-S`?x'F 3 -,. �"�rr.3
'�y�},." 'r ,`�'�y�`v'�nC��_w'�,� ��-�f""'�' � �.�-�' .,�� '�"'i�s.:.i'x »,� :.�fi"�F��r�•.<�a e—�:..�;;x� zar:v;�'v�r:c�.�''kw� 3.'s'ax�''� x'�,�.
• • l • • •
F
� 1
t
F.
9 a
,
z �* kAll °L- :, iA_ '.x` .5^'"!.d ,'il''c` . b ;;.. .a:,•
mar 4a ° axixrrME
� r � l
>,ad
g *"`x.,t'p,..�..' yrc + ;;t}s h,�'n'3.4j_ -x e .•�t.''8 .fS '^� c. t ''''�x°a, � r 015#
., r� yxY•- `;+r k.,*.;�'k'�C' �� �`& :,4.'": a"c•5 T� ;-. '*i �� � '�a� � v 2"f' �`'.' y`��"1
.�rr' n.+s "$ �-xa'�p!t`��,}�x 'r Yuq '+�`� 1 s .� ` R'^'�`�'H k z�th�� �i'°� 5•-�..:-eta' _
'�4*�_ � '���� II`�d; ;�j 'e".' ��, $, iiF.�',w��" .*:�S�e�� ,.r- �. ate.'— .• .v. '�
5 x�C,r,'tix �` r�y �^��;x�j.'xavSv w�'�i �'✓ rF fi�� '�3n�y 4��,��t :� ,Y�.yY�. �w} }.. ��
c„x {'.
Fn r"+>8 ai%k�zs art
t`�'
'tT.s
x
V''E" Yw. E" 4• 08 ? W g q
�.0�_. ^ 4 yY8 a H 3
8Ag
L m n:T �.'�
oaa o
=s OW 4:Sda =sg nW;3.goa „o a og�o a°e gtt3&Q :r� °° � a � v+
Y _ _ _ c
I e - - S d:Y •� °x
za $
of o „W o <an"
Mguj so„ W:e�eW a
- 11auu
� 9 C N
Hi
F $c
by - O =iSZ
t�w¢m 2U
A Fo � � NLLsU❑
a= mid
i \_•_ I 8 CC, g o
�b 0
s cc
W
C
= s a
d ------------ ° °
- ------------------------------------
(d) NNaAV N3E)VHN3dO0
O l31 3nN3AV1SL MN
mcr
O - .cossz ieia.u.zs..os• r_____ _ __ _ 94`
J
IL
f po:m w zLU "'8
RF s=s
0 p¢ i - �+y8 YYg i 8 I Y YtY'Y ¢O
LL a i _ gig I 1 aJ e
Z m II fb 68 o goo i g it
p r. N. I E
61 1,.
# W W 9Mt-Pqs A.�
gn ma's E �acI�sP4�:`ea9 e ` d
E Y MY
_ �Z' " �` aDs IAO
f
I �v i ?WO
1 WU Bum -
j S U �3w 4 �`_ I °S
m
Cil-3�iV3i1y y�� i I --- -
-_
s.WW�a o=a�
40 -
°��
S g \> E
-- ----... . - .... __- ---._ ____ .........-----.. ......._-
.......... __...... ....... __._... _
M. J\ €
\/ O
a�z
E O=w�
� O
S�
8~
W
Z w
w
W w ZW=U
eC�V¢m3
N~L pg0
0am3g
•,i 2N5g
.�•s� .o•c a o�_
` tl
ga ~a' e
9 $y+ R \ n
a r W $
_..........
C
s
E�
0
Ia e dn� oa; b
� p
C
g _
1 / ►n
g
�� ,„ ���...,. �.csz "� '.mod" ZF.v'-..c..-•�"���� ^�k,.,`�� t� ,� �� ex�` as a
OW
-
''
U.4 �,' .a. ^fit '' n d t'�'e A.s� i k t {•x'.
. --vt
iri ..rt vb'<- e LF y,'b'�✓' - �;.
p
-
9.
tutu'.�'
Sw
95
t �� •,,. ..,,i 5 k f C. -7.3 4-P i.i.�.P� au`F�g7yE��` ra-s .k»� �E
Q,
'ram
.
WE-
fflmvl ��'
.mac
4
IS
F� .y;{+-=��.i�.°_s i`�fi^� I�lii � i�.. �y`'�y�h� °x•'t'w.. ^.#'�^']:x7�"d'h I��'M1-�'� '� ':.i
r
f
w
wt
V.
t r:
r
:1 t. • • t - It •.
i 1 r I
M4,
Z. i,r k
as K ''r -•t r
35
DIV
�s��%����� � �r3 •��i�N+!_ -'f� ` �Y��.f �2�e` C �3�'t �.�cyy'�-"e ,.�3�<T' t t�,k _ b�'�;
SSA
'�(p��� '
. _ y��PT"t f S
Ott err 51
s
-30F�y�F,4,`^ :
MIT,
3 ��ey ; �err' 1 t:t t■ � �� �.�-`sg S�C }��".F,.r:� r 47`"''�f �x'�'-�'?���£v y, a�
L U'l,r' s-- iy: t3."°� t` ss• 4`
•�n �'ram ' ' �fi�"�
ga
"mac
*�?�+
.:LF A.1 'S'e e.`•'--'i`a`"n+.. 'r`1`1��+E``�# �f� � "'.Ct�r: � �S��lq}1�S Y�'k Y
C.1 4
/ M
t
t
PCS SITE AGREEMENT April 99
Site Name:City of Dania Beach/Fire Station No.1 Site I.D. MI54XC035
iA bdress: 116 West Dania Beach Blvd.,Dania Beach, Florida
emises and Use. Owner leases to Sprint Spectrum L.P., a Delaware however,assign this Agreement at any time to SSLP's parent company or any
limited partnership("SSLP"),the site described below: affiliate or subsidiary of SSLP or its parent company without the Owner's
LCheck appropriate box(es)] written consent. Consent by Owner to any assignment shall not constitute a
KX Land consisting of approximately 600 square feet upon which SSLP will waiver of the necessity of such consent to any subsequent assignment or
construct its antenna support structure,equipment and base station
❑ Building interior space consisting of approximately _ x _ ( ) subletting. Except as contained herein,if this Agreement is assigned,or if the
feet square feet; Site or any part thereof is sublet or occupied by anyone other than SSLP
Building exterior space for attachment of antennas; without the written consent of Owner,Owner,at its sole option, may either(1)
Building exterior space for placement of base station equipment; immediately terminate this Agreement; or (2) collect rent from the assignee,
Water Tower antenna space subtenant or occupant, which collection shall not constitute a waiver of
Space required for cable runs to connect PCS equipment and antennas, Owner's right to terminate the Agreement, and no such assignment,
subletting, occupancy or collection shall be deemed a waiver or release of
easement for reasonable accesss thereto and to the appropriate, in the
in the location(s) Site shown Exhibit together with a non-exclusive SSLP from the further performance by SSLP of the covenants on the part of
a
discretion of SSLP,source of electric and telephone facilities. The Site will be SSLP hereunder contained. Notwithstanding any assignment or sublease,
used by SSLP for no other purpose other than installing, removing,replacing, SSLP shall remain fully liable on this Agreement and shall not be released
modifying, maintaining and operating, at its expense, a personal from performing any of the terms, covenants and conditions of this
communications service system facility ("PCS"), including, without limitation, Agreement.
antenna equipment, cable wiring, back-up power sources (including 6. Notices. All notices must be in writing and are effective only when
generators and fuel storage tanks), related fixtures and, if applicable to the deposited in the U.S. mail, certified and postage prepaid, or when sent via
Site, an antenna structure, all in accordance with Owner's applicable overnight delivery. Notices to SSLP are to be sent to: Sprint PCS Lease
ordinances (the"Equipment"). The design of the antenna structure shall be a
97'light pole capable of supporting up to three carriers. The compound for all Management, Southeast Regional Office, 1357 Hembree Road, Suite 100,
Equipment measures 20' x 30'. Prior to commencing construction of the Mailstop: GAROSD0101, Roswell, GA 30076 with a copy to: Sprint Law
Equipment, SSLP shall submit plans and specifications for all Equipment to Department, 6391 Sprint Parkway, Mailstop: KSOPHT0101-Z2020, Overland
Owner for Owner's written approval. All antennas and cable routing will be Park, KS 66251-2020,Attention: Sprint PCS Real Estate Attorney. Notices to
housed within the light pole so that no antenna and no cabling will be routed Owner must be sent to the address shown underneath Owner's signature,
outside of the light pole except as is necessary to connect the antennas to the with a copy to City Attorney, City of Dania Beach, 100 West Dania Beach
ground based equipment and in that event,such cable which is external to the Blvd., Dania Beach, FL 33304.
light pole shall be located at a height which is lower than the top of the fence 7. Improvements. SSLP may, at its expense and upon the prior written
surrounding the Site. No construction for the Equipment shall be commenced consent of Owner, make such improvements on the Site as it deems
until the Owner has approved plans for such work and all necessary permits necessary from time to time for the operation of the PCS system. Owner
hgMbeen properly issued. SSLP will use the Site in a manner which will not agrees to cooperate with SSLP with respect to obtaining any required zoning
uqwnably disturb the occupancy of Owner's other tenants. SSLP will approvals for the Site and such improvements, at no cost to Owner. SSLP is
ha access to the Site 24 hours per day,7 days per week. SSLP shall follow liable for damage to the Site caused by SSLP's improvements or the removal
any reasonable requirements imposed by Owner to maintain the security of or replacement thereof. Upon termination or expiration of this Agreement,
the access to the Site. SSLP shall ensure that its employees,contractors and SSLP shall remove its equipment and improvements and will restore the Site
agents shall carry proper identification to identify them as authorized by SSLP to substantially the condition existing on the Commencement Date, except for
to have access to the Site. Following the initial installation of the PCS, upon ordinary wear and tear and casualty loss.
prior written consent of Owner, which consent may not be unreasonably
withheld, SSLP may modify, supplement, replace, remove or relocate any of 6. Compliance with Laws. To the best of Owner's knowledge, without
its antennas, microwaves or other appurtenances during the term of this inquiry, Owner represents that Owner's property (including the Site), and all
Agreement. Owner's consent shall not be required where the modification is improvements located thereon, are in substantial compliance with building,
non-structural in nature or involves the replacement of substantially similar life/safety, disability and other laws, codes and regulations of applicable
equipment. governmental authorities. SSLP will comply with all applicable laws,
2. Term.The term of this Agreement(the"Initial Term") is four(4)years and ordinances and regulations relating to its possession and use of the Site.
eleven (11) months, commencing on the date ("Commencement Date") both 9. Interference. SSLP, at its sole cost and expense, will resolve technical
SSLP and Owner have executed this Agreement. This Agreement will be interference problems with other equipment located at the Site on the
automatically renewed for three (3)additional terms (each a"Renewal Term") Commencement Date or any equipment that becomes attached to the Site at
of five (5) years each, unless SSLP provides Owner notice of intention not to any future date when SSLP desires to add additional equipment to the Site
renew not less than ninety(90) days prior to the expiration of the Initial Term pursuant to the terms herein. Likewise, Owner will not permit or suffer the
or any Renewal Term, or unless otherwise terminated pursuant to this installation of any future equipment by third parties which results in technical
Agreement.. interference problems with SSLP's then existing equipment. If at any time
3. Rent. Until the date which is 30 days after the issuance of a building there is any interference between Owner's facilities installed for Owner's
permit, rent will be a one-time,non-refundable aggregate payment of$100.00, public safety purposes, and SSLP's equipment or the equipment of any other
tenant
the receipt of which Owner acknowledges. Thereafter, rent will be paid t its sole c SSLP's cost,shall resolve such interference problems.
PCS, which tenant does not have a lease with Owner,
SSLP,at
annually in the amount of $24,000.00 (until increased as set forth herein),
partial years to be prorated. The annual rent shall increase by five percent 10. Utilities. To the best of Owner's knowledge, without inquiry, Owner
(5%)per year. represents that utilities adequate for SSLP's use of the Site are available.
4. Title and Quiet Possession. Owner represents and agrees, subject to SSLP will pay for all utilities used by it at the Site. Owner will cooperate,at no
the provisions of Paragraph 30 below, (a) that it is the Owner of the Site; cost to Owner,with SSLP in SSLP's efforts to obtain utilities from any location
provided by Owner or the servicing utility, including signing any easement or
(b)that it has the right to enter into this Agreement; (c)that the person signing other instrument reasonably required by the utility company.
this Agreement has the authority to sign; (d)that SSLP is entitled to access to
the Site at all times and to the quiet possession of the Site throughout the 11. Termination. SSLP may terminate this Agreement at any time upon
Initial Term and each Renewal Term so long as SSLP is not in default beyond sixty (60) days prior written notice to Owner without further liability if SSLP
th iration of any, cure period; and (e)that Owner shall not have does not obtain all permits or other approvals (collectively, "approval")
un�vised access to the Site or to the PCS equipment. required from any governmental authority or any easements required from any
third party to operate the PCS system, or if any such approval is canceled,
5. Assign ment/Subletting. SSLP shall not assign this Agreement, in whole expires or is withdrawn or terminated, or if Owner fails to have proper
or in part, or sublet all or any part of the Site without the Owner's written ownership of the Site or authority to enter into this Agreement. SSLP may
consent, which consent may not be unreasonably withheld. SSLP may, terminate this lease, upon sixty (60) days notice, for any other reason, in its
C'
sole discretion, if it determines that it will be unable to use the Site, in which for Owner to perform repairs and maintenance on the Site. Owner shall have
case SSLP shall pay a lump sum payment to Owner in an amount equal to access to the Site for such maintenance 24 hours per day,7 days per week.
twelve (12) months rent or the total of the remaining months of the term, 19. Condemnation. If the whole of the Site,or such portion thereof as will
whichever is less. The rental rate shall be computed at the rate which is in
qift at the time of termination. Upon termination, all prepaid rent will be make the Site unusable for the purposes herein leased,is condemned by any
d by Owner unless such termination is due to Owner's failure of proper legally constituted public authority,then this Agreement,and the term hereby
o rship or authority, or such termination is a result of Owner's default. It is granted,shall cease from the time when possession thereof is taken by the
not the intent of this paragraph to diminish SSLP's termination rights pursuant public authority,and Rent shall be accounted for as between Owner and
to paragraph 30. SSLP as of that date. Any lesser condemnation shall in no way affect the
12. Default. If either party is in default under this Agreement for a period of respective rights and obligations of Owner and SSLP hereunder.
(a) 15 days following receipt of notice from the non-defaulting party with 20. Counterparts. This Agreement may be executed in several
respect to a default which may be cured solely by the payment of money, or counterparts, each of which shall constitute an original and all of which shall
(b) 30 days following receipt of notice from the non-defaulting party with constitute the same agreement.
respect to a default which may not be cured solely by the payment of money, 21. Additional Rent. In the event of any default of this Agreement by SSLP
then, in either event, the non-defaulting party may pursue any remedies as described herein, Owner may,at any time after notice, cure the default for
available to it against the defaulting party under applicable law, including, but the account of and at the expense of SSLP. If Owner is compelled to pay or
not limited to, the right to terminate this Agreement. If-the non-monetary elects to pay any sum of money or to do any act which will require the
default may not reasonably be cured within a 30-day period, this Agreement payment of any sum of money or is compelled to incur any expense, including
may not be terminated if the defaulting party commences action to cure the reasonable attorney's fees, in instituting, prosecuting, or defending any action
default within such 30-day period and proceeds with due diligence to fully cure to enforce the Owner's rights under this Agreement, the sums so paid by
the default. Termination of this Agreement pursuant to this paragraph shall Owner, with interest, costs and damages, shall be deemed to be Additional
not be the exclusive remedy afforded to either party and shall not waive any Rent and shall be due from the SSLP to Owner on the first day of the month
other remedies either party may have against the other. following the incurring of the respective expenses.
13. Indemnity. SSLP indemnifies the Owner against and holds the Owner 22. No Waiver of Police Power. Owner cannot and hereby specifically does
harmless from any and all costs (including reasonable attorneys' fees) and not, waive or relinquish any of its regulatory approval or enforcement rights
claims of liability or loss which arise out of the ownership, use and/or and obligations as it may relate to regulations of general applicability which
occupancy of the Site by the indemnifying party. This indemnity does not may govern the Site,any improvements thereon,or any operations at the Site.
apply to any claims arising from the sole gross negligence or intentional Nothing in this Agreement shall be deemed to create an affirmative duty of
misconduct of the Owner. The indemnity obligations under this Paragraph will Owner to abrogate its sovereign right to exercise its police powers and
survive termination of this Agreement. governmental powers by approving or disapproving or taking any other action
14. Hazardous Substances. Owner represents that it has no knowledge of in accordance with its zoning and land use codes, administrative codes,
any substance,chemical or waste(collectively,"substance")on the Site that is ordinances,rules and regulations,federal laws and regulations,state laws and
identified as hazardous,toxic or dangerous in any applicable federal, state or regulations, and grant agreements. In addition, nothing herein shall be
local law or regulation. SSLP will not introduce or use any such substance on considered zoning by contract.
the Site in violation of any applicable law. SSLP will not generate, release,or 23. Late Fees. SSLP shall pay Owner a late payment charge equal to five
store any substance at the Site and shall be responsible for and indemnify the (5%) percent of the late payment for any payment not paid when due. Any
Ow er for any substances introduced or stored at the Site by SSLP. amounts not paid when due shall also bear interest until paid at the lesser of
1venant of Owner. Should the City of Dania Beach require additional the rate of two(2%)percent per month or the highest rate permitted by law.
I
aping or a designated parking space for an SSLP vehicle, then and in 24. Net Lease. Owner shall not be required to make any expenditures of any
that event Owner will provide the necessary additional ground space to SSLP kind in connection with this Agreement or to make any repairs or
at no extra charge. improvements to the Site. The parties agree that this is a net Agreement
16. Taxes. SSLP shall pay, on or before their respective due dates, to the. intended to assure Owner the rent reserved on an absolute net basis. In
appropriate collecting authority, all federal, state, county and local taxes, addition to the Rent reserved above, SSLP shall pay to the parties entitled
assessments and fees, which are now or may hereafter be levied upon the thereto all taxes, assessments, insurance premiums, maintenance charges,
Site, or upon SSLP, or upon any of SSLP's property used in connection and any other charges, costs and expenses against the Site which may be
therewith,or upon any rentals or other sums payable hereunder,including, but contemplated under any provisions of this Agreement.
not limited to, any applicable ad valorem, sales or excise taxes, and shall 25• As-Is. By taking possession of the Site, SSLP accepts the Site in the
maintain in current status all federal, state, county and local licenses and condition existing as of the date of execution of this Agreement. Owner
permits,now or hereafter required for the operation of the business conducted makes no representation or warranty with respect to the condition of the Site
by SSLP. and Owner shall not be liable for any latent or patent defect in the Site.
17. Insurance. SSLP will procure and maintain commercial general liability Owner shall not at any time be liable for injury or damage occurring to any
insurance, with limits of not less than $1,000,000 combined single limit per Person property from any cause whatsoever arising out of SSLP's
occurrence for bodily injury and property damage liability,with a certificate of construction, maintenance, repair, use, operation, condition or dismantling of
the Site.
insurance to be furnished to Owner within 30 days of written request. Such
policy will provide that cancellation will not occur without at least 15 days prior 26. Cost-Recovery. Within 10 days of site plan approval and approval of this
written notice to Owner. Each party hereby waives its right of recovery Agreement by the City of Dania Beach City Commission,on Second Reading,
against the other for any loss or damage covered by any insurance policies SSLP shall pay to the Owner $10,000.00 towards Owner's costs and
maintained by the waiving party. SSLP will cause each insurance policy expenses including legal fees, incurred by .Owner in connection with the
obtained by it to provide that the insurance company waives all rights of negotiation of this Agreement and review of SSLP's site plan application.
recovery against the City of Dania Beach in connection with any damage Upon issuance of all permits required in order for SSLP to construct the facility
covered by such policy. contemplated by this Agreement, SSLP shall pay Owner an additional
18. Maintenance. SSLP,at its sole cost and expense,will be responsible for $7,500.00 as reimbursement for such expenses.
repairing and maintaining the PCS system and any other improvements 27• Miscellaneous. (a) This Agreement applies to and binds the heirs,
installed by SSLP at the Site in a proper operating and reasonably safe successors, executors, administrators and assigns of the parties to this
condition;provided,however if any such repair or maintenance is required due Agreement; (b) this Agreement is governed by the laws of the state in which
solely to the acts of Owner, its agents or employees, Owner shall reimburse the Site is located; (c) If requested by SSLP, Owner agrees promptly to
SSLP for the reasonable costs incurred by SSLP to restore the damaged execute and deliver to SSLP a recordable Memorandum of this Agreement in
areas to the condition which existed immediately prior thereto. Owner will the form of Exhibit B; (d) this Agreement (including the Exhibits) constitutes
maad repair all other portions of the property of which the Site is a part the entire agreement between the parties and supersedes all prior written and
n
in er operating and reasonably safe condition. In connection with such verbal agreements, representations, promises or understandings between the
main enance, Owner shall have the right to require SSLP to temporarily Parties. Any amendments to this Agreement must be in writing and executed
remove the PCS and/or Equipment,at SSLP's sole cost and expense, in order by both parties; (e) if any provision of this Agreement is invalid or
unenforceable with respect to any party, the remainder of this Agreement or
the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, will not be affected and each provision of this This right to terminate shall expire 60 days after the Date of Approval of this
Agreement will be valid and enforceable to the fullest extent permitted by law; Agreement (at Second Reading) by the Owner. SSLP shall not have
(f)the prevailing parry in any action or proceeding in court or mutually agreed termination rights pursuant to this paragraph thereafter.
upon arbitration proceeding to enforce the terms of this Agreement is entitled
f
ive its reasonable attorneys' fees and other reasonable enforcement The following Exhibits are attached to and made a part of this
c� and expenses from the non-prevailing party; (g) the parties agree that Agreement: Exhibit A and B.
the jurisdiction for any legal action arising out of or pertaining to this
Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in
and for Broward County, Florida,or the federal District Court for the Southern
District of the United States and that venue of any action to enforce this
Agreement shall be in Broward County,Florida;and(h) the parties agree that OWNER: CITY OF DANIA BEACH,a Florida municipal corporation
this Agreement shall be construed in accordance with and governed by the By:
laws of the State of Florida. Its:
28. Non-Binding Until Fully Executed. This Agreement is for discussion Tax No.:
purposes only and does not constitute a formal offer by either party. This Address:
Agreement is not and shall not be binding on either party until and unless it is
fully executed by both parties.
29. Co-location. SSLP agrees that as a condition precedent to any co- Date:
locating tenant renting space on the tower, the co-locating tenant must first And
make suitable arrangements to rent ground space from the Owner at a charge By:
that the Owner agrees will not be unreasonable.Owner and SSLP agree that Its:
any co-locating tenant shall pay rent to SSLP directly, for SSLP's sole benefit
and use, for space on the Tower. However, the parties also agree that any Attested to By City Clerk:
co-locating tenant will lease the needed ground space from the Owner directly
and that rent for the ground space will be paid directly to the Owner, for its By:
sole benefit and use. However, nothing herein shall be construed to obligate Its:
the Owner to enter into a lease with a potential co-locating tenant and the
Owner reserves all rights to exercise its discretion with respect to entering into Approved as to Form by City Attorney:
such a lease with a potential co-locating tenant. Should the technology make By.
it unnecessary for a co-locating tenant to rent ground space from the Owner, Its:
SSLP agrees it will share rent received from such a co-locating tenant not
needing ground space with Owner on a 60/50 basis. In such circumstance,
where the co-location rent is shared 50/50,SSLP reserves the right to assess
the locating tenant with a capital contribution fee in an amount up to 1/3 of Sprint Spectrum L.P.
th struction cost of the light pole. The capital contribution received by a Delaware limited partnership
S shall inure to the benefit of SSLP completely and absolutely. However, By:
the capital contribution fee shall not be in any way used to reduce the co- Its:
location rent otherwise due, it being the intention of the parties that such co
location rent to be shared with Owner shall be at fair market rates or as may Address:
be required by pre-existing agreements with such co-locating tenants.
30. Conditions Subsequent. Notwithstanding the making, executing and Date:
delivering of this Agreement, SSLP may terminate this Agreement, should
SSLP's soil testing on the property yield unsatisfactory soil test results or Attach Exhibit A and Exhibit B
SSLP's environmental testing reveal an environmental problem. If SSLP
exercises its right to terminate under this paragraph, the Owner shall not be
liable for any costs, including attorneys'fees, incurred by SSLP. The Owner
shall retain the initial $10,000.00 paid by SSLP pursuant to paragraph 26.
A
AGENDA REQUEST FORM
-CITY OF DANIA BEACH fo
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: AUGUST 13, 2002
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—2ND READING ORDINANCE
FOR THE PROPOSED SITE LOCATION FOR THE INSTALLATION OF SPRINT PCS
ANTENNA AT THE DANIA BEACH FIRE STATION PROPERTY
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND READING
4. SUMMARY EXPLANATION & BACKGROUND:
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF MEMORANDUM
E-MAIL CHIEF KENNETH LAND, DANIA BEACH FIRE DEPT.
ORDINANCE
PCS SITE AGREEMENT
SPRINT PCS SPECIFICATION BOOKS
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Gary Resnick, City Attorney
Submitted by: Date
Larry Leeds, Director August 1, 2002
Growth Management Department
City Manager Date
9,03
® Weiss Sero to Helfman
Pastonza 8 Guedes P A
ry
Memo
TO: Honorable Mayor and Commissioners, City of Dania Beach
CC: Ivan Pato, City Manager
Thomas Ansbro, City Attorney
FROM: Dana J. Schindler, Office of the City Attorney
DATE: August 8, 2002
RE: Use Restrictions on City Hall Property
Proposed Lease to Sprint Spectrum, L.P.
Subsequent to my previous memo concerning the use restrictions on City Hall and the
other surrounding adjacent City property (the "Property"), we were forwarded an abstract of title
which was found in the City's files. The abstract, dated August 11, 1965, contained a Special
Warranty Deed dated August 6, 1907 which contained a use restriction for school purposes and a
reverter to the grantor if the Property was no longer used for school purposes. This Special
Warranty Deed did not appear on the title searches from Chicago Title Insurance Company and
Attorneys' Title Insurance Fund, Inc. (the "Title Companies") because the Title Companies
indicated the restrictions are no longer applicable to the Property based on the Marketable
Record Title Act (the "Act").
For your information, the Act provides where there is a deed of record for more than
thirty years, which was placed of record subsequent to the last deed imposing or making the use
restrictions and reverter, and such are not on the plat, the restrictions and reverter are eliminated.
Accordingly, since the deed from Model Land Company to the City has been in the public
records since,July 1, 1947, and such deed did not make reference to the restrictions (which also
were not contained in the plat), the restrictions and reverter placed on the Property in the 1907
deed were eliminated.
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
Memo
CITY of DANIA BEACH
TO: Mayor and Commissioners
FROM: Ivan Pato, City Manager lAttorney
Gary Resnick. Office of th
C
cc: Larry Leeds, Growth Management Director
Tom Ansbro, City Attorney
DATE: June 18, 2002
® RE: Sprint Spectrum Application to Lease City Property for a Cell Tower
Sprint Spectrum, L.P. ("Sprint") applied to lease City property to erect a cell tower. Sprint
had originally requested to lease a portion of the City Hall property. However, when
Commission members and residents raised issues with leasing City Hall property for this
purpose. Sprint withdrew its application to lease City Hall property and considered leasing
property at Fire Station No. 1, 116 West Dania Beach Boulevard. Sprint applied to lease a
portion of the Fire State No. 1 property to erect a 97' tower in the form of a light pole.
Summary of Proposed Lease Terms
• Description of Site and Facility: Sprint will lease 600 square feet of the parking area in
the back of Fire Station No. 1 and will construct a 97' tower in the form of a light pole
and install equipment within a fenced, secured area. The tower will be constructed to
accommodate two additional carriers. Attached please find photo simulations of the
intended tower. Sprint's construction will be subject to obtaining the necessary permits
from the City.
• Length of the lease: The lease will be for an initial term of five (5) years with three
five (5) year automatic renewals for a total term of twenty (20) years.
•
Mayor and Commissioners
June 18, 2002
Page 2
• Compensation: Sprint will pay an annual rent of $24,000 with increases of 5% per
year. Sprint has agreed to reimburse the City $17,500 for the City's costs and fees in
conjunction with the, application. Sprint will also contribute $5,000 to the City's
landscape trust fund. The .City will receive additional compensation if other carriers
co-locate on the tower. If another carrier desires to co-locate its facilities on the tower,
it must rent additional ground space from the City, or, if it does not need additional
ground space, Sprint will pay 50% of the rent it receives to the City.
Recommendation
Based on the foregoing, it is our recommendation that the City Commission grant Sprint's
application to lease City property at Fire Station No. 1 to construct a cell tower. Pursuant to
the City's Charter, a lease of City property of twenty years must be by ordinance.
Accordingly, attached please find a proposed Ordinance granting Sprint's application.
566020/Vlemorandun-Re Sprint 6-18-02
Weiss Serota Helf nan
Pastoriza & Guedes, P.A.
Memo
TO: Honorable Mayor and Commissioners, City of Dania Beach
CC: Ivan Pato, City Manager
Thomas Ansbro, City Attorney
FROM: Dana J. Schindler, Office of the City Attorney
DATE: January 3, 2002
RE: Use Restrictions on Fire Station No. 1 Property
116 West Dania Beach Boulevard, Dania Beach
Proposed Lease to Sprint Spectrum, L.P.
As requested, we have obtained two separate title searches from Chicago Title Insurance
Company and Attorneys' Title Insurance Fund, Inc. These title companies searched from the
earliest public records to the present to determine the existence of any use restrictions on the
property used as Fire Station No. 1 and the other adjacent City property described in the title
searches attached hereto (the "Property"). The City obtained title to the Property from the Model
Land Company by a Quit Claim Deed dated June 26, 1947, recorded in Official Records Book
592, Page 75, which is attached hereto. Based upon the title searches of the Public Records of
Broward County, Florida, neither the Quit Claim Deed nor any other recorded documents
contain any use restrictions on the Property that would prohibit the City from leasing a portion of
the Property to Sprint.
•
r
SUN- SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORIDA
MIAMI, MIAMI DADE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE
BEFOR E U E NED AUTHORITY, PERSONALLY APPEARED
WHO, ON OATH, SAYS THAT
HE A ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED ` OF HEARING
PARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED BEFORE-CITY.~f MMISS ON ECRY OF DANIA BEACH!
FLORIDA,REGARDING ADQPTION OF THE FOLLOWING'
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE PROPOSED ORDINANCES a;. ;-. •.,,
ATTACHED COPY OF ADVERTISEMENT, BEING A: NOTICE IS HEREBY GIVEN that the CItyCOmmission of
the City
,of Danja Beach,Florida,on July 9,2002,at
he0arrd;:.will conduct a or as soon tPublicfter hearing in ts the heler city come
CHAPTER 2 mission Chambers of the Dania Beach City Hall, too
West Dania Beach Boulevard,Dania Beach,Florida to
considnanc seentitled posed adoption of the following Ordi-
IN THE MATTER OF: AN ORDINANCE OF THE CITY OF DANIA BEACH,�FLORI_
DA„REPEALING THE PROVISIONS OF ARTICLE III OF
Chapter Z CHATLED'CITATIONS FOR ORDINANCE VIOLATIONSTER 2 OF THE CITY CODE OF SIN I S
ENTIRETY AND CREATING ANEW ARTICLE III OF CHAP-
TER 2;ENTITLED 'SUPPLEMENTAL CODE ENFORCE
IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE MENT PROCEDURES,CITATIONS FOR COUNTY CO T
ISSUES OF: APPEARANCES",IN SIVE REVISION OF THE EPROVISIONS SET FORTR TO EFF H
SUCH ARTICLE AN CHAPTER OF THE CODE OF ORDI-
C)/ZS,1 D NANCES:PROVIDING FOR CONFLICTS;PROVIDING FOR
10963908 SEVERANCE FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI.
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER ' PERTAINING TO CABLE TELEVISION; AMENDING
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,C TELEVISION
228ND OPE VIDEOCLEVENTITLED (DING
11TELEVISION-AND OPEN VIDEO SYSTEMS; PROVIDING
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY ITHE TERMS AND CONDITIONS FOR THE OPERATION OF
• S THAT
USELTH THE R RIGHTS-OF-WAY;ON AND OPEN DPROVIDINGADEFINI-
TIONS; PROVIDING FOR REQUIREMENTS FOR THE
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE GRANT OF FRANCHISES: PROVIDING FOR MINIMUM
FACILITIES; PROVIDING POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, PROVIDING FOR CUSTOMER�SERVICECATION PSTANDARDSF'
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF PROVIDING FOR ENFORCEMENT AND ADMINISTRA-
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT TION; PROVIDING FOR CONFLICTS; PROVIDING FORT
SEVERABIUTY;.PROVIDING FOR INCLUSION IN THCITY CODE; E
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR AN RDIINANCE OF THE CITY COMMI PROVIDING AN SSION ON OTF THE-
CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FORT CITY OF DANIA BEACH FLORIDA APPROVING A PCS.
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID STE AGREEMENT BETWEEN THE. PER AI NG TO
BEACH AND SPRINT SPECTRUM,L.P.P:PERTAINING TO
NEWSPAPkR. THE PLACEMENT OF A PERSONAL COMMUNICATIONS
SERVICE.SYSTEM FACILITY ON A PARCEL OF LAND LO-
CATED AND OWNED BY THE CITY OF DANIA BEACH
AND MORE PARTICULARLY DESCRIBED'IN THE AT-
TACHED EXHIBITS TO THE AGREEMENT AUTHORIZING
/OV28-June-2002
ATURE OF AFF ANT AND DIRECTING THE EXECUTION OF THE PCS SITE
) AGREEMENT;PROVIDING FOR REVISIONS;PROVIDING
FOR CONFLICTS;PROVIDING A SEVERANCE CLAUSE;;
RN TO AND SUBSCRIBED BEFORE ME FURTHER,PROVIDING FOR AN EFFECTIVE DATE. I
A copy of these proposed Ordinances are on file In the;
, A.D. Office Of the City Clerk, City Hall, 100 West Dania!
Beach Boulevard,Dania Beach,Florida,and may be
it i Inspected by the public during normal-workin
A`� hours ,, _r _
ZAzI - ./-2 ------ Interested partiesmayappear at the aforesaid meet-
ing and be heard with respect to the proposed.AnYyll
he City Commisrson Who sion wites to h respepeal ct anyion matte made
cona
(SIGNATURE OF NOTARY P BLIC) sidere at this hearing will need a record of the prod
Tara L.Bezaf ceedings.and.for such purpose may need to ensure'
that a verbatim record Of the proceedings Is made;Fd1"�Ob-MISSION# DD024939 EXPIRES which record includes the testimony and evidence
July 20,ZOOS upon which the appear Is to be based.
"y In accordance with the American with Dlsab6ttiesj
?0!1DFD THRU TROY FAIN INSURANCE INC. Act,persons needing assistance to participate in any
of the roceedings should contact Charlene Johnson;
(NAME OF NOTARY,TYPED, PRINTED, OR MPED) clay h, FloridaWest Dania Beach Boulevard, Dania
Beach, Flida 33004, (954) 924-3622' at least 4
hours prior to the meeting..
/s/Charlene Johnson,CMC
PERSONALLY KNOWN OR city clerk -
June 20,2002 -
PRODUCED IDENTIFICATION