HomeMy WebLinkAboutR-2007-053 Sprint-Nextel Special Exception RESOLUTION NO. 2007-053
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
THE REQUEST SUBMITTED BY SPRINT-NEXTEL CORPORATION, FOR
PROPERTY LOCATED AT 2010 NE 7TH AVENUE, IN THE CITY OF DANIA
BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW
INSTALLATION OF A STEALTH CELL ANTENNA LOCATED IN THE "IG"
(INDUSTRIAL GENERAL) ZONING DISTRICT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Zoning Code, Zoning Appendix, Article VIII
"Telecommunication Towers and Antennas", Section 33-308,provides that stealth towers or stealth
rooftop and building mounted antennas shall be allowed as a special exception use in the IG
(Industrial General) zoning district; and
WHEREAS,the Sprint-Nextel Corporation applied for special exception approval(SE-82-
06)to allow the installation of a stealth cell antenna in an IG(Industrial General)zoning district,for
property located at 2010 NE 7 h Avenue in the City of Dania Beach; and
WHEREAS,the Planning&Zoning Board on February 21,2007 recommended that the City
Commission grant the special exception request (SE-82-06), subject to conditions, based upon the
criteria set forth in Chapter 28, "Zoning", Article 10.12, "Special Exception Uses", of the Code of
Ordinances of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application SE-82-06 filed by the applicant as identified above,
for a Special Exception to allow the installation of a stealth cell antenna in an IG(Industrial General)
zoning district,a copy of which application is attached and made a part of this Resolution as Exhibit
"A", for property located at 2010 NE 71h Avenue,in the City of Dania Beach, is approved,subject to
the following:
1) Review by consulting engineer for compliance with FAA height, location, and lighting
restrictions.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED on March 27, 2007.
OB ANTON,/
MAYOR-COMMISSIONER
ATTEST:
> 1
LOUISE STILSON, CMC
CITY CLERK
APPROVE S TO F AND CORRECTNESS:
BY:
TH J. AIVSBRO
CITY ATTORNEY
2 RESOLUTION #2007-053
LOCATION MAP:
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14
r City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
General Development Application (934) 924-3645
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request _
❑ Retuning �,%r
❑ SRO Plan to Rec'd:_ O
Special Exception ltlon No.: Cy�
❑ Special Request OCT 2 6 2006
❑ Traffk�way Waiver
❑ Variance
❑ Vacation Request •!�
❑ Other: s d'" Y7t'll
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation'cheddlst to determine the supplemental documents required with each application.
For after the fad applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may Impact upon the disposition of your application. As always, the applicant or
their authorized legal agent must be present at all meetings.
All projects must also obtain a building permit from the City's Building Department
Location Address: 2010 1UE C?"" Alra t�L -33Gf �
Lot(s): Block: Subdivision: WA
Recorded Plat Name: C3e-�C1< A-476 PA6,6 47 Z
Follo Number(s):50¢2-2h-,f3- 12.2 d Legal Description: t Tl1Ci-1om
I ca onsultant/Legai Representative(circle one)SMtjr Ez �2-ryR y v n r r
Address of Applicant: r AAjof; _yS, 3
-1
Business Telephone:QS4 --F_3-001 Home: _ Fax:�54-2r� - 7c,1�,
Name of Property Owner:
Address of Property Owner:Business Telephone:`)f71 c! ' 'J' Home: Fax: 7227
ti�sTxlcc tic,v GF A 64' 5T577aLT1-1 FtACPCCIG
Explanation of Request:
.4 ennr-,.Jr tut THOJA7-7 aZrSVr � wuv7
Prop. Net Acreage: t\j'IA Gross Acreage: VZA _Prop. Square Footage: {4'�
Existing Use: TC r,Y t t=AGI L4 T4 Proposed Use:
Is property owned individually, by a corporation, or oln venture YES
I understand that site plan and variance approval automatically expires within 12
months of City Commission approval, pursuant to Ordinance No. 2005-040.
A,fVP. Q; ry
can Owner sign re Print Name
Date
PPLICANT, ONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me E nsultan Re
V Presentative:
This a-6f&Y of bt- 4z�- 20_42 !
Signature:_ �;_�_
�.�1 Date: �027z:1--j�,
Sig Name of Notary Publlc (Print Name)State of(1'avo —I---
G200 N ANoae-�s Ave., Su I Te 3Ciu
Notary
Print Name of Notary Street Address,City, State and Zip Code
Commission Expires: `S-14 bl0
Seal: 'G�CYL,
r;t l ,2 al..tl Telephone No.&Fax No.
I iivi+r`�F'U`SI G.S:C%:J t?W Y*:k
(?liL{ir'att in 59i3+...q1149'1ty
SS
G?au:lisaj�n Expiroa Lta�}���
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This Is to certify that I am the fee simple owner of subject lands described above and that I have
authorized (Applicant(Cansultant/Representattve)
make and file the aforesaid application. to
Sworn to and subscribed before me Owner:
Thls_day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address,City,State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
CORPORATION NOTARIZED SIGNATURE:
This Is to certify that the below referenced Corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (Applkant/Consubnt/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
This_,day of 20
Signature:
Date:
(Print Name)
Sign Name of Notary Public (Print Title)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
r
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This Is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consuitant/Representative)
P-- to make and file the aforesaid application.
Sworn to and subscribed before me
This 11±dayOf CXALN e, 20c a
Signature:
Date: C
-.
�� (Print Name)**
o
Sign Name of Notary Public
State of(off co )
Print Name of Notary Street Addres , City, State and Zip GP »•••••..,
Commissi�����Mie— `�`�.. a3c-c�cc �� 1�\ � �•%
Seal: euu of Ohio.Rewded In LOW"Ceunq Telephone No. &Fax No.
My eammlsww wor"Januwy 31.2wo �Z
**Each partner must sign. Attach duplicate sheets as required. �
��rrrrr„
Legal Description of Owner's Property.
The Owner's Property is located at 2010 NE 9i4 Avenue(aWa 2010 NE 7°Avenue),situated in the City of Dania Beach,County of
Browud,State of Florida commonly described as follows:
Insert Leeal Descri lion:
A portion of parcel•"A"and a portion of Parcels"B"and"C",PORT EVERGLADES
COMMERCE CENTER,according to the plat thereof,as recorded in Plat Book 122,
Page 33,of the Public Records of Broward County,Florida;TOGETHER Wr s
Portion of the vacated road adjacent to said PORT EVERGLADES COMMERCE
CENTER,described as follows:
BEGINNING at the Southeast corner of said PORT EVERGLADES COMMERCE
CENTER; thence South 020 02'11"East,along the Southerly extension of the East
boundary of said PORT EVERGLADES COMMERCE CENTER.
the Centerline of the vacated road adjoining the South boo 7.50 feet to a Point on
EVERGLADES COMMERCE CENTER(VACATED BY dart'CIT Of PORT IA
RESOLUTION NO.30.2-84);thence along said Centerlina South 88°04'20"West,
751.16 feet; thence North 15052'52"East along aline 4.50 East of and parallel with the
West Boundary line of Parcel"A",405.44 feet; thence North 88°06'48"East, 626.43 feet
to a Point of the East Boundary of said PORT EVERGLADES COMMERCE CENTER:
thence along said East Boundary South 02°02'11"East, 378.06 feet to the Point of
Beginning.
ACO PROPERTY ADVISORS, INC.
178 Elm Street Saratoga Spnngs, NY 12866
Phone (518) 584-9578 Fax (518) 584-9967
E-mail: info@acopropertyadvisors.com
January, 17 2007
Corinne Lajoie,AICP
City of Dania Beach Planning&Zoning Department
100 W Dania Beach Blvd
Dania Beach,FL 33004
RE: Sprint FAA Determination Approval/2010 NE 9t°Ave.,Dania Beach FL/FL2606B
Corinne,
As discussed, enclosed please find Sprint's FAA Determination Approval for our
proposed stealth wireless flagpole installation located at 2010 NE 91' Ave. Based upon
Us approval, please confirm that we will be able to appear at the February 21, 2007
Planning&Zoning Board meeting, and let me know if you have any questions.
Regards,
Ryan P. Conway
Agent of Sprint
Junior Project Manager
Mobile: 518.441.6016
Email: rvan a acopropertvadvisors com
�epAttrn
Federal Aviation e,"ministration aronautical Study No.
Air Traffic Airspace Branch, ASW-520 2006-ASO-6072-09
2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Data. 01/15/2007 iLL1e�KL((77 ��{{II����Q.1Q U �Vpp uu
Nichols Davis JAN 8
Sprint Nextel Corporation
851 Trafalgar Court, Suite 30013 Planning
Maitland, FL 32751 Department
i� DETERMINATION OF NO HAZARD TO AIR NAVIGATION ++
The Federal Aviation Administration has completed an aeronautical study under
the provisions of 49 u.s.C. , Section 44718 and, if applicable, Title 14 of the
Code of Federal Regulations, part 77, concerning:
Structure: Antenna - Side Mount on a Flagpole
Location: Dania, FL
Latitudes 26-4-28.83 N NAD 83
Longitude: 80-7-51.90 N
Heights: 59 feet above ground level (AGL)
65 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial
adverse effect on the safe and efficient utilization of the navigable airspace
bj aircraft or on the operation of air navigation facilities. Therefore,
pursuant to the authority delegated to me, it is hereby determined that the
i structure would not be a hazard to air navigation provided the following
condition(s) is(ars) met:
As a condition to this Determination, the structure is marked and/or
lighted in accordance with FAA Advisory Circular 70/7460-1 AC 70/7460-1K Change
1, Obstruction Marking and Lighting, red lights - Chapters 4,5 (Red) , &12
It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction
or Alteration, be completed and returned to this office any time the project is
abandoned or:
_ At least 10 days prior to start of construction
(7460-2, Part I)
X_ Within 5 days after the construction reaches its greatest height
(7460-2, Part II)
To coordinate frequency activation and verify that no interference is caused
to FAA facilities, prior to beginning any transmission from the site you must
contact Pin Williams at 305 526-2177.
See attachment for additional condition(s) or information.
This determination expires on 07/15/2008 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of
the Federal Communications Commission (FCC) and an
application for a construction permit has been filed, as
required by the FCC, within 6 months of the date of this
determination. In such case, the determination expires on
Page 1
the date prescribea by the FCC for completion of
construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
This determination is subject to review if an interested party files a petition
that is received by the FAA on or before February 14, 2007. In the event a
petition for review is filed, it must contain a full statement of the basis upon
which it in made and be submitted in triplicate to the Manager, Airspace and
Rules Division - Room 423, Federal Aviation Administration, 800 Independence
Ave, Washington, D.C. 20591.
This determination becomes final on February 24, 2007 unless a petition is
timely filed. In which case, this determination will not become final pending
disposition of the petition. Interested parties will be notified of the grant
of any review. For any questions regarding your petition, please contact Office
of Airspace and Rules via telephone -- 202-267-8783 - or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which
includes Specific coordinates, height@, frequency(ion) and power. Any changes
in coordinates, heights, and frequencies or use of greater power will void this
determination. Any future construction or alteration, including increase to
heights, power, or the addition of other transmitters, requires separate notice
to the FAA.
This determination does include temporary construction equipment such as cranes,
derricks, etc. , which may be used during actual construction of the structure.
However, this equipment shall not exceed the overall heights as indicated above.
( Equipment which has a height greater than the studied structure requires
separate notice to the FAA.
This determination concerns the effect of this structure on the safe and
efficient use of navigable airspace by aircraft and does not relieve the sponsor
of compliance responsibilities relating to any law, ordinance, or regulation of
any Federal, State, or local government body.
This aeronautical study considered and analyzed the impact on existing and
proposed arrival, departure, and en route procedures for aircraft operating
under both visual flight rules and instrument flight rules; the impact on all
existing and planned public-use airports, military airports and aeronautical
facilities; and the cumulative impact resulting from the studied structure when
combined with the impact of other existing or proposed structures. The study
disclosed that the described structure would have no substantial adverse effect
on air navigation.
An account of the study findings, aeronautical objections received by the FAA
during the study (if any) , and the basis for the FAA's decision in this matter
can be found on the following page(a) .
A copy of this determination will be forwarded to the Federal Communications
Commission if the structure is subject to their licensing authority.
Page 2
If we can be of further assistance, please contact our office at (202) 267-9219.
On any future correspondence concerning this matter, please refer to
Aeronautical Study Number 2006-ASO-6072-OE.
Signature Control Nos 467304-520461
(DNH)
Kevin P. Haggerty
Manager, obstruction Evaluation Service
Attachment(s)
Additional Information
Frequency Data
7460-2 Attached
Page 3
Additional ..,formation for ASN 2006-ASO-604..-08
Proposals To construct a(n) Antenna - Side Mount to a height of 59
feet above ground level, 65 feet above mean sea level.
Locations The structure will be located 1.18 nautical miles east
of FLL Airport reference point.
Section 77.23 (a) (5) a height that affects an Airport Surface by penetrating
Section 77.25 (d) Approach Surface by 12 feet as applied to FLL.
Details of the proposed structure were circularized for public comment. There
were no letters of objection received during the comment period.
The proposed structure proximity to the airport was considered and found to be
acceptable.
The impact on arrival, departure and en route procedures for aircraft operating
under VFR/IFR conditions at existing and planned public use and military
airports, as well as aeronautical facilities, was considered during the analysis
of this structure. The aeronautical study disclosed that the structure, at a
height of 65 feet above mean sea level (AMSL) , would have no adverse effect upon
any terminal or an route instrument procedure or altitude.
The cumulative impact (IFR/VFR) resulting for the structure, when combined with
the impact of other existing or proposed structures was considered and found to
be acceptable
Therefore, it is determined that the proposed structure would not have a
substantial adverse effect on the safe and efficient use of the navigable
airspace by aircraft or on any navigation facility and would not be a hazard to
air navigation.
///////////END OF COMMENTS////////
Page 4
Frequen. y Data for ASM 2006-ASO-6072-0
LOW HIGH FREQUENCY 8AP
FREQUENCY FREQUENCY UNIT 8RP UNIT
806 824 MHz S00 W
824 849 MHz S00 W
851 866 MHz 500 W
869 994 MHz 500
W
896 901 MHz 500 W
901 902 MHz 7 W
930 931 MHz 3500 W
931 932 MHz 3500 W
932 932.5 MHz 17 dHW
935 940 MHz 1000 W
940 941 MHz 3500 W
1850 1910 MHz 1640 W
1930 1990 MHz 1640 W
2305 2310 MHz 2000 W
( 2345 2360 MHz 2000 W
Page 5
ACO PROPERTY ADVISORS, INC.
178 Elm Street Saratoga Spnngs, NY 12866
Phone (518) 584-9578 Fax(518) 584-9967
E-mail: info@acopropertyadvisors.com
October 26,2006
City of Dania Beach,Florida OCT 2 6 2006
Attention: Corinne Lajoie, AICP
Planning and Zoning Division Planning
100 W.Dania Beach Blvd. Department Dania Beach,FL 33004
RE: SPRINT/NEXTEL
APPLICATION FOR SPECIAL EXCEPTION
SITE*FL2629 FLAPS EAS'P-=2010NE9*AVENUE--
Dear Members of The Planning and Zoning Board and The City Commission:
I am writing to you as agent on behalf of our client Sprint/Nextel(Sprint). Sprint is a wireless
communications provider licensed to provide services throughout the State of Florida ACO
Property Advisors, Inc. is representing Sprint in their site acquisition and zoning work to
improve their network throughout Southeast Florida
As you know, Sprint is interested in constructing a 64' stealth flagpole wireless
communications monopole at 2010 NE 96 Avenue, in Dania Beach. We are applying for a
special exception as required per Section 33-308 (3) "Stealth towers or stealth rooftop and
building mounted antennas shall be allowed as special exceptions in the, £ (IG) Industrial
General zoning district. We are requesting an advisory review by the planning and zoning
board and authorization by the city commission of our special exception use and would
request that we be scheduled to present at the next meeting.
Enclosed in this package is a check for the special exception fee of$3,275.00 and to packages
each including a copy of this cover letter, a completed application form, an engineers report
including a structural letter, pictures of existing stealth flagpole wireless communications
towers, a statement of non-interference, a full set of plans including a survey and landscape
plan, a redacted copy of the lease and propagation maps, one with the proposed site and one
without the proposed site.
We offer the following explanations on how the installation will comply with the 14 required
criteria for a special exception use:
(1) The use is permitted in the Industrial District by Special Exception.
(2) The use will not cause a detrimental impact to the value of existing contiguous uses as
the stealth flagpole wireless communication tower will be located on the property which
current has a storage facility on it and abuts property owned by Hertz, Port Everglades
Commerce Center, a parcel currently used to store vehicles and trailers, and backs up to the
Mangrove Preservation Area However Sprint/Nextel's lease area is on the other side of the U-
Store-It property closest to the Port Everglades Commerce Center property (please see the
enclosed plans).
(3) The use will be compatible with the existing uses on contiguous property,with uses in
the general area and the zoning district when the use is to be tooted and compatible with the
general character of the area, considering population density, design, scale and orientation of
structures to the area, property valuer and existing similar uses and zoning. As far as
population density, that has no effect on the placement of Sprint/Nextel's equipment except
for the fact that there is a gap in coverage as displayed on the before and after coverage maps.
Sprint/Nextel is proposing a stealth flagpole wireless communications monopole in an effort
to decrease the visual effect of the monopole. Due to.the proximity to the airport
SprindNextel is limited by the FAA as to the allowable height of the flagpole. The stealth
flagpole wireless telecommunications monopole_will.have no,rK ve effect on.Eroperty_
._ ___..._ far. 1Tio property is ioned Ltdustrial General and Wireless Communications Towers are
allowed by Special Permit. The surrounding uses we a storage facility, a land preserve, and
rental car facilities.
(4) On page CO2 of the attached plans the landscaping and screening are shown as per the
zoning chapter.
(5) Adequate parking and loading are provided This is an unmanned location which will
be visited for maintenance,once constructed,every one and a half months.
(6) The use is consistent with the Comprehensive Plan.
(7) The use will not have a detrimental environmental impact upon contiguous properties
and upon properties located in the general area This site will provide better coverage in the
area for Sprint/Nextel subscribers and will therefore provide E-911 services to those needing
help.
(8) The use will not generate any traffic therefore this criterion is not applicable.
(9) The use will not generate any traffic therefore this criterion is not applicable.
(10) The use will not have a detrimental effect on the future development of contiguous
properties or the general area as it will not cause any changes to any property other than the
property the stealth flagpole wireless telecommunications monopole will be constructed on.
(11) The use will not result in the creation of incompatible noise, lights, vibrations,fumes,
odors,dust or physical activities,taking into account existing uses,uses located on contiguous
properties, uses in the general area and the zoning in the vicinity due to its nature, duration,
direction or character. A stealth flagpole wireless communications monopole will not create
or cause any of the items mentioned above. The surrounding uses are commercial.
r
(12) The facility will require no plumbing or water and a small electric and telephone
service and therefore will not be an overburden for existing public services and facilities.
(13) There is existing sufficient accessibility to the property for fine, police, rescue and
other essential public services.
(14) The use is consistent with the definition of a special exception and will meet the
standards and criteria of the zoning classification in which such use is proposed to be located,
and all other requirements for this use set forth the zoning code, or otherwise adopted by the
city commission.
I am looking forward to discussing our application further. If you have any questions or
concerns between now and then please contact me at (518)441-6016. Thank you for your
consideration and prompt attention to this matter.
Sincerely,
Ryan P. Conway
Jr. Project Manager
( Enclosures
SITE AGREEMENT
Site Name: FLAPS Case
Site ID 0:FL2620B
i
This Site Agreement("Agraemenl')isentemd into uof
a Ik4wue limited pumenhip("Ownd). Owner acknowledge receiving'One Dollar($I.00)and other su�Cfcicnt wmtion iindendon for enterint/Nextel"or ng nto this Ael and Starment LP.,
g greemaerrt
1. Premises and Usa Owner owns tins property described on Cxhibll A
attached("Owner's Propety) Subject to the provisions of Stallion 2 below Extension
in equal rube Inchly installments on I tt of� The Rent for each
Extension Term will be increased si the first day a each Extension Tam by
regarding the 1)tse Diligence Period, Owns leuet k SprintMetel the site
(consisting of a portion of Owner's Properly) described below Check all wof the monthly a annual irssRrrsent of rent payable during the previous
approorlw 8"011 ( Term or Extension Tana If the Extension Term com once&on any day other
I�Land consisting of approainawly 5143 square feet for construction oC rat the
y of the H day f u lender nth,than the rent will not increase until the
0dwltmAXWor bus station equipment And Ea month following the commencement
ommen a ent of'sell
jq antenna rapport snucnnm tension Tent Rent for any partial month will be prorated based u
❑Building interior apace eenalatin of day month Notwithstanding sything contained in this sec p0"a 30.
8 approximately ly square,feet obligation to pay rent Is coutingenl upon Tenant's receipttlas, Tenant's
fuildin grontofepaceeand/orgofappr ban o ieateprr►nt; W-9 form selling foAh tin to identification numb of an er approved,
sal
❑Building exterior spas cotsisting of approxirnstely__square fee for Pa =or entity as wham rent chocks in to be �'Obk sf or of the
in
Placement of shllers mWor ban session equipment; writing by Owner. Ran will be sent to the addrw shown directed is
❑Building exterior space for attachment of antenna; Owner's signals" undanatb
❑Tower space between she_Wes And athoMmt of antema; foot level en the tower for A 71t1a and Qrla Po UWIO& Owner represents sold warrants to Tenant And
8e1laally in the IOC&tN(s)shown on Rsblbit 8 altar Nrdha agrees that:(1)It is de owner of Owner's Property;(b)it hat rights of
conduit and other w weU ss riser, non-exclusive pedestrian and vehicular access korn the nearest public
spores reasonably required for cable sus k corned its roadway to tie Silo,which Tenant is Pemddal sa use;(c) it ha the right to
equiprrsent and antertrras, and logethor with all reasonably necessary nor• enter into We Agreement; (d) the exclusive a mmtg f if vehicular and pedestrian access thaek,dtr placement authority to alga;(a) Tenant is endtW to signing this Agreement has the
.of a underground grinding system wad for access o tics approp{ats sours 9utat poseesseos of the Site duos ��tlls Site at all denser and o
ofelee_triR k sdotbpljllt(g,(agy-dlecmtmof gllsts the initial Tams and nkh Extension
-... SpdntlNstte2wit4--_. _.... _Tem4all-1mi+aTmwt4rwiiwdeAuN-beyon}dp. of
Oivna approv not to b unreasonably withhld(ths'Site'). The Site nay be a cure period;and Owe&will not have u s9 mteier-
used by Sprint/Nextd(And/or any of its affiliated entities)for the purpose of k tin Facilities ex 9l in dls a m of MWna°pe. An atria o dens Site or
installing,renaOV ,replacing,mod6ing, lnahslabting and opessdng,at its defined ens arts or both of the fhllowin even 1 An �B�Y shall be
expense, communications service hciNtles, including, without limitation, risk of harm a injury k g ()where than is imminent
antenna and microwave dfshe%,air conditioned equipment thellm and/or o anal or ��or(ai)wham them is a clear and present risk
.e steden equiprrsenR cable, wirin parsasl property. In the event of an energencY, Owner shall
g,power sources (including generators Promptly notify Tenant if the ertergancy appease to be caused b
j 01al storage tankr),related equipment and structures and,if applicable to Facilid or,in the event Owner delemtine that it is a Y the area all
_il Site,an steams supptst struclan(Ills"Faeadtle"). All of the Facilities or a portion of the Tenant Facilities due o such emergen k relocate ill
will remai of
n Sprint/Nextel's pesarel Property and am not fixtrtre, visual Y• in den event r,
or textualXhjbIj Arnly, such emergency access to the Premise by owner, Owner shall not Anita,
representation of the rinV tlss on provided
la it In this
illustrative only,end d ire moves 110111 , nun T adjust & adlawia affect or impair the
don not limit the rights of Sprint/timttal u provided for k this Agreement continuous apemdon o! then ?enanl Faa'lides, unless the anon enc
subject to Owners reasonable approval. Sprint/Nextel will use the Site in a requires,in Owner's lauonable judgment 8 Y so
manna which will not unreasonably disturb the occupancy of Owner's other,tenses,if any. Sprint/Nextd will have unrestricted access to the Site and de S. Assigaasaml/Subleltlag.Tenant will not uign or truster this Agreement
a
or sublet NI or sat portion of the Sik without the prior written consent of
Facilities 24 hours per day,7 days pa week
2. Term. This A Owner, which consent will not be unreasonably withheld, conditional or
Agreement becomes eRe men on the deck that both Owns and delayed;provided,however,that Tenant will have the right,without notice to
SprintMaxtd have executed this Agreement ("Effective Date"} Tenant's or consent of Owner,to sublease or otherwise will
tease term shall com once.if at all,at die end of the Due Diligence Period on Y portion of the Site or assign(or
rights end&thins allow the use of)all
the Tam COmmeneement Date. The or m
an term of n the- kern end tenancy,if part to: a Agreement in whole or
in ( )any entity controlling,controlled by or undo common control
y, (the is ems') es 5 yeas commencing ore the 'Tenn Comnetcement with Tenant;Date" which is defined u therue earlier k occur of, (a) the date that O any entity that is Authodiednto ellytelcea all un the uses products Tensor
S rintMexkl co N) °P murencq constructien othh Facilities;or 18 monrbs after services under the"Sprint'or"Sprint PCS"err"Ne�"brand nications me or ny
the Effective Date. The Term will be automatically extended for 5 additional successor brand name(s),or other brand names)used or licensed by Tuast'e
1ewne Of t Yeats each (each i n not Latex Term'), unless Tenant provides parent corporation ("Contract Affiliak'); or (d) any successor entity in a
Owner with notice E its intention nden not i Due prior o the expiration of the merger or consolidation involving Tenant Owner will not be entitled o any
initial Term or any Extension Tenn.The Due Diligence Period is defined as
the time between the Effective Data and then Tetra Co additions/rent o other fees for its review or approval.
During the between Diligence Effective
Period, to and the will omorncament Date. 6. Notice& All notices mutt be in writing and are effective only when
OivrtOwna't Property k perform P starve a,a Pitted to anla deposited in the U.S.mil,certified f uil.return receipt requested and postage
eang, washout o per� Y inspections, investigations and tests, prepaid or when sent via overnight delivery Service Notice&o Tenant am to
includand environmental teats,at errs sigreanal, toy graphical. geotechnical, structural be sent to:Sprint/Naxtd pro
perty condition,suitability and feasibility of the Silo. It Sp nt/Nextel deterrningecessary to determine the i 639h Sprint Parkway,Overland P Servien,Mailaop KSOPHTOh01-Z2650,
Yr ark,Kansas 6625t-2650,with a mandatory
in its discretion, that the Site is not appropriate for Sprint/NextdY intended COPY p Spdnkway, law Department, Mailak 0122020.
use(or if Sprsnt/Nextel Otherwise decides,for any reason or no 6391 Sprint Parkway,Overland Park,Kansas 66251 2020,Ann.: Estate
commence the Term),then Sprint/Nextel may termanak this Agreement reaeen,not k Altomey, and with a mandatory
notice k Owner at any time prior to the end er the Due Diligence Period. 6125 Lakeview Road, copy 1O' Sprint Nexkl Property Services,
Owner acknowledges that, prior to the Term Commencement Date, °� Sulk 100, ndeChar eachot% NC 28269. Notices k Owner
mutt to sent to the address shown underneath Owner's signs
Sn.;ntMexkl has limited aceess k, but no owr enhsp or control Of: any 7. improvement& Tenant may,at its ex n Of Owner's property and that Sprint/Nextel's access during the Due the Facilities as it deem necessaryexpense,make m time mrnla on end to
race Period shall not cause SprintMextel to be considered °pendon of the Facilities. dam desirable from drro to time for the
operator of Owner's Pro an owner or Y at its expense, also make
or otherwise. Pant or the Site for purposes of environmrntel/awe smprovemenla on and ode Site with Owner's wriIlan consent which shall not
b<umeasonsbty withheld,as Tenant deem necessary or desirable from time
D Rent. Starting on the deck that is 30 days after the Tenn Co t°time for the operation of the Facilities. Owner a
Dam and on she tint day of every month thema0a,Tenant wall p ynm&int Tenant with respect agrees t°cooperate with
pea o obtaining sat required zoning or other g°vemmental
Rev 01/312006. approvals for the Site,the Facilities and contemplated use thereof at no cast to.
Site Name:FLAPS East Site ID#:FL2620B
Owner. Upon tenninatin or expiration of this Agreement, Tenant will Notwithstanding any provision contained in this Agreement to the contrary,
remove theabove-ground Facilities,and will remove any foundation down to and subject to Tenants due diligence,Owner will have sole rcsponibiliry for
`e foot below grade level and relish all damage to the Site caused by the the idena6cation,investil;atlon,monitoring and remediation and cleanup of
.tallation or removal of der Facilities,reasonable wear and tea and loss by any Hazardous Substance discovered on Owner's Property,and Owner agrees
casualty or other causes beyond Tenant's reasonable control excepted. to indemnity, defend and hold harmless Tenant from any and all Claims
t. Compliance with Laws. Owner represents,and warrants to Tenant Out relating to any Hazardous Substance present on or Affecting Owner's property
Owner's Property(including the Site)and all improvements located thereon, Prior to or an One Term Commencement Data unless the presence or release
Us in substantial omplimse with building, Ii Wsahty,disability and other of the Hazardous Substance is caused by thin activities of Tenant In the event
laws, odes and regulations of applicable governmental authorities. Tenant of a release n the Premises of any Hazardous Substance by Landlord,
will substantially comply wilh all applicable laws relating to its possession Landlord agrees to comply with An app8eabittaws&Ies and regulations and
and use of de Site. to notify Tenant immediately of the nature of such release. Tenant will not
9. Ioterfarencs. Tenant will resolve technical interference problem that the 810t Pram or use any Hazardous Substance on the Site in violation of any
Facilities might cause with(i) oder equipment located At Ore Site on the applicable law,and Tenant will indemnify,defend and hold hwmksa Owner
Effective Date,or III)when Tenant desires to add additional Facilities to the from and against all Claims wising out of Tenant's breach of Orals sentence.
Sick e any equipment tldN beam attached to Ono Site between the Fiffeetive Owner mPmOk dust h win not bring to, transport army, dispose of,
Dark and well Onam dark, L ikewian Owner will not permit or soff"the introduce or war any Hazardous Substance n Owner's m violation
installation of any equipment on Owner's Property after the Effective Date of any applicable law,and Owner win Indemnify,defend harmless
due (a) results k any mekrial technical interference problem with the Tenant ftom and against all costs(including reasonable &ttomey's fees)and
FAci hies,or(b)encroaches onto the Sitar claim arising out of Owner's breach of this sentence, This provision of this
IS. Milan. Owns tepr'aratts end warrants to Tenant that cap uO Section will apply Aar of the Effbtive Own, The kdennity obligation underRdes this Section will aurviva terrninatlon of thla Agteemsent
Tewn wiate ll ayfor al Iutwdad use of the Site ere available r ra macs sue She. li Subordination and NarDlsterbanea This A
pay for all utiEtla used b3'is at the Site, Owns ipan4 to Tenant
and the local utility Companies(era appropriate)any casernma s)reawnably ant's�iate er deed of trust Of word &gams the Silk q losubordinate
the dative
required b3'Tenant or the ud'Sty compost in order to provide utility service Data' Prornptly after thin Agreanket It fatly executed,however,Own"will
required by Tenant to its intended use of die Site throughout the initial lam obtain a nose-disturbance agrament in a Ibrm reasonably"table to Tenant
and each Extension Tam,and Owner will exxub,a,co cow to Tenant or the from the holder of carry mortgage Or deed of ma
utility companies, any lnsbumnt(s)reasonably necessary to evidence such IL Property Toss, Tenant will a may
rights. If there is A ion of alcetrieal service a end Si%Tenant my, w its PnoPary lazes that la dins and sole) a�3utable to htoiwb Ownt's rat
---- t nuioleiwaasanaalo whf4 Fssaagstardnrthu-Stwu --- SitemMby-Trnver:on Owner's Property Adjacent nslpay � —improvements—, q.._ -. .
NO Assessmentsattrnbutabla W Owner's Property. Within Propert60 days After
11. Terminallae. Notwithstanding any provision contained in this receipt of evldacs of Owner's payment and s completed Tax Increase
Agreement k the contrary, Tenant my, in Tenant's sole and absolute Worksheas in IN toms of Exhlbtt C attached,Tenant will pay to Owns any
discretion and N any One and for any a no reason,taminata thin A increase in Owner's real Property taxes which Owner demonstrates, a
',hout farther liability 60 days Agreement TwamY astisfactltxy la directly and solely attributable k an i
tY yes after delivering written notice k Owns. If k the Site rode by Tenant Y mprovemenk
( rot elects to terminate this Agreement after the Term Commencement
veto but prior to the end of Ole initial Tenn,titan Tenant will I?- lawraaca During Ole initial Term and all Extension Tam,each party
termination fee in the amount of*m(3)months rent('TerminadonOweo a will procure and maintain commercial gweral liability insurance,with Emits
Notwithstandingthe for �' of not lam dun $1,00%000 combined single limit per occurrence, and
tbased ,n Termination Fee will be due if Owner's S2,OKOOO aggregate,and will make the other parry an additional assured on
election k terminate it bated on any of the following reasons: (l)Owner's such PORcY. Within 30 der after t of a written
failure of proper ownership a Authority or other default by Owner,(2)failure paw. each Y+ request thorn fie other
to obtain or maintain any license,Pemdt,a Pant win provide t requesting pwtY with a Catiffato of
approval a authorization through no insurance evidencing that required coverage. Alternatively, each party will
fault of Tenn; (3) any portion of the Site or the Facilities is damaged, have the option of providing the requesting
destroyed,condemned or transferred in lieu of condemnation; 4 the Site or coverage electronically, D q 8 Patty with evidence a form
the Facilities becomes ins ( ) Y Providing the requesting pa parry with a Uniformuof inappropriate far Tenant's operations because of Resource Lacakr ("URL"j link k access such parry's Memorandum of
technological reasons,including,without limitation,signal interference. Insurance website. Each
Parry will cause each insurance policy obtained by it
to provide Oct the insurance company waives all rights of recovery by
12. Default If either a �, P subrogation against the other party in connection with any damage covered by
party is in default under this Agreement for a period of the policy. Each party waives its right of recovery against the other for any
(i)fifteen(IS)days following written notice for any monetary default or(ii) loss or dame coveredthirty(30)days following receipt of written notice from the non-defaulting waivin ar by any prop insurance policies maintained by the
parry,the nondcfaulting parry may pursue any remedies available to it
against 8 P ry
[he defaulting parry at taw and in equity, including, but not limbed to,tha I& Maloteeance. Tenant will be responsible for repairing and maintaining
right to terminate this Agreement. If a non-monetary default cannot the Facilities and any other improvements installed by Tenant at the Site in a
reasonably be cured within a 30-day period, this Agreement may not be proper operating and reasonably safe condition; provided, however, if any
terminated if the defaulting parry commences action to cure the default within repair or maintenance is required due to the sets or omission of Owner, its
the 3Uay period and proceeds with due diligence to fully cure the default agents'contractors or employees.Owner will promptly reimburse Tenant for
the 13. Indemnity. Except with respect to Hazardous Substances, which art condition which exable isted imme incurred diately
r restore the damaged areas to the
defined and provided fbr in Section 14 below, Owner and Tenant each repair an other portion of Owner's Pro
ly prior thereto. Owner will maintain and
indemaifies and agrees to defend the other against and holds Ole other reasonably safe condition, Property in a props operating and
harmless from any and all costs (including reasonable attorneys' fees).damages, claim of liability and tosses(collectively, "Claimal which arise 19. M 3Cellaneoua (a) This Agreement applies to and binds the heirs,
out of the negligence or intentional misconduct of the indemnifying party,Ih successors, executors, administrators and assigns is
agents or contractors. This indemnity is subject to the waives of recovery in Agreement;(b)this Agreement is governed by th awx f the tatt in wh Of the pardes to ich
Section 17 below, and does not apply k any claim arising Prom the the Site is located; (e)Owner and Tenant agree negligenea or intwlonal misconduct of the indemnified a deliver to Tenant a recordable Memorandum of A promptly execute and
'cton. The indemnity obligations under this Section wi118urvt a Exhibit D.attached d y (2ment in the form of
Zarin of this Agreement. notice by eitherparty,y (the upon-not less than twenty (20 days Prior written
qn n requestin8 Party shall execute, acknowledge
K Hazardous Substances. Owner represents and warrants to Tenant that it canertifying k the re uapntmg Party.no more than twice a yea, a statement
ass no knowledge nor notice of any substancq chemical or waste oil a this A q requesting Esc
hazardous material on or atfcetin Own full
rorce Ce and ark)in writing only that
8 w's Property that e or becomes describing such modific unmodified
and that the re uestio Carers ty s not if n deiaulk
identified as hazardous,toxic or dangerous in any applicable federal,state or except m
local law or regulation (collectively. "Hazardous Substance' specified in$1ch statement The Estoppel Certificate$halldurther
? set forth the Term or Extension Term of the Agreemnk the current pa
Site Name:FLAPS East Site ID}►:FL2620B
amount and whether any rent has been paid in advance; (e)this Agreement
(including the Exhibits and Riders)constitutes the entire agreement between
partid and supersedes all prior written and verbal agreunenta,
egentstiom, promises or understanding$ between the parties. Any
—rondments to this Agreement nut be in writing and executed by both
Parties;M if any Provision of this Agreement is invalid"unenforceable with
respect to any Duty,the remainder of this Agreement"the appliadon of the
provision to Metal other than those to to whom it is held invalid or
unenforceable,will not be affected and each provision of this Agreement will
be valid and enforroble to the fullest extent permitted by kw; and (g)the
prevailing Party in any aetieu or proceeding in court or mutually agreed upon
arbitration proceeding as enforce the lernts of this Agreement is entitled to
receive its reasonable attorneys'fees end other reaeonable enforcement costs
and expenses from die non-provaitintputy.
2L Non-Blodlag Until Fumy Rxeested, This Agreements is for discussion
purposes only and does not comtftute a formal offer by either parry. 7Ma
Agreement is not and will not be binding on either party until and unless it it
fylry executed by both peaks,
the following Exhibits and Riders errs attached to and made a pan of this
Agreement: Exhibits A.B.C,and D.
OWNER:
U•Store-IT,LP.,a Delaware limited partnership rENANM
By.U-Store•It Tout,its General parmes Nextel South Co rp,a Georgia corporation
By. By-. ,
Name; ell S+ephe� .Nkllofs Nang: David Won
Tide: iieasnva Senior Vitt (N t t r d arq g
9' R'Ut; Tide: Area Manage,Site e t
Date: Date: _� �fbb
Taxpayer ID: 741877021
Address: 6745 Engle Road,Cleveland,Off 44170
Witness to Babsaq;: rF : S-}-t peen •YU i c.{�p S
Witness to David Wong;
Signature:
Print Name: // Signaturo;
c[Gt Print Name: ISOW
Signature: - -�"''8'�'` . X'.F,•yyra..n,�i
Print Name; f�th Signature:
b �'r. bc�t.In t'�O�u51Li Print Name: Peter CaY ATPM
EXHIBIT A
TO SITE AGREEMENT
a,v nintnm,c
Site Name:FLAPS East Site ID p: FL2620B
EXHIBIT A
TO SITE AGREEMENT
Legal Description of Owner's Property
The Owner's Property is located at 2010 NE 9n Avenue(aWa 2010 NE 7*Avenue),situated in the City of Dania Beach,County of
Broward,State of Florida commonly described as follows:
Insert Leaai 110111"lion:
A portion of parcel"A"and a portion of Parcels "B"and"Cot PORT EVERGLADES
COMMERCE CENTER, according to the plat thereof,as recorded in Plat Book 122
Page340fthsRahlie Reeords-ofBtoward e=
Portion of the vacated road adjacent to said PORT EVERGLADE CENTER, described as follows: S COMMERCE
BEGINNING at the Southeast comer of said PORT EVERGLADES COMMERCE
CENTER; thence South 02° 02,11"East, along the Southerly extension of the East
boundary of said PORT EVERGLADES COMMERCE CENTER, 7.50 feet to a Point on
the Centerline of the vacated road adjoining the South boundary of PORT
EVERGLADES COMMERCE CENTER(VACATED BY CITY OF
E A
DANI
RESOLUTION NO. 30.2-84); thence along said Centerline South 88°DANI19'20 West,
751.16 feet; thence North 15°52'52"East along aline 4.50 East of and parallel with the
West Boundary line of Parcel"A", 405.44 feet- the North 88006'48"East, 626.43 feet
to a Point of the East Boundary of said PORT EVERGLADES COMMERCE CENTER:
Begice nning.
said East Boundary South 02° 02'11"East, 378.06 feet to the Point of
8 g
Rev.01l392006.
Site Name:FLAPS East
Site ID#: FL2620B
EXHIBIT B
TO SITE AGREEMENT
Site Plan
Tba Site is described as follows:
Insert Site Plag: "'r`N
""• % ar
M'1�Ae• 9r
• /, sacra Ll
uJ I
COLLPR H Ncl CI p p
Nor ro scALE
4.
SIMMAW
I P-Aa= _ I
�4dvM"vwg
r uan�rM°"-uaurr
_ I
�rr r.ry ua
HM
.YHY�
'� - I F_ASF EXHIBIT SI7E p nti
NOT TO SCALE
, y
C ♦ FLAPa EAaAVr +
SPfiflt 7O10 NE•TN ENUE
-�•.T,.. ... OANIA BEACH,FL 330H "O14
+�i" SFRINr-NEXTEL a FL2aaae
M1 w.rvww�r.n.,ro„�Y LE-1
Note: Owner and Tenant may,at Tenant's option,replace this Exhibit with an exhibit setting forth the legal description of the Site,or
an as-built drawing depicting the Site. Any visual or textual representation of the Facilities is illustra
rights of SprinNNextel u provided for in the Agreement. Without limiting the g live only,and does not limit the
eaerality of the foregoing;
1. The Site may be setback from the boundaries of Owner's Property as required by the applicable governmental authorities.
2. The access road's width may be modified as required by governmental authorities,includingpoliceBnd fire de
3. Without limiting Tenant's right to make future changes,Tenant intends to initially install up to twelve f ire antennas, fifteen(15)
coaxial cables and three (3)GPS signalPenmen fifteen
illustrative only;actual types,numbemountin d connections(the type, number, mounting positions and locations of which are
,he locations of any access and utility easements arrerillustratitions ve-on!ons Y vary from what is shown or described above).
servicing utility company incompliance with local laws and regulations. ctual locations may be determined by Tenant and/orthe
Rev.0113112006.
Owner initials: J
Tenant indK.t..
Site Name: FLAPS East
Site ID#: FL2620B
EXHIBIT C
TO SITE AGREEMENT
Tax Increase Worksheet
When Owner's real property tax is increased due directly and solely to improvements to the Site made by Tenant,this
Worksheet must be completed and returned to Tenant together with a statement requesting reimbursement of the
assesParkway,Overrland Park,Kansas all necessary tax bills to:66251-650 AtttentioProperty S�ces,s. owne must I0101-Z2650,6391 Sprint
Y, Servigea. Owner must directly and solely attributable to improvements to the Site made by Tenant. validate that the assessment is
Site ID#:FL2620B
Site Address/Description:
Tax Jurisdiction Name(County/Town):
Tax Jurisdiction Parcel#:
State:
------------
---.—Assessor mustprovide as explanation of any increase in Owtier'fProperW i alue. This liYdes a breakdown w
portion of value is directly and solely attributable to Tenant's equipment on the Site. inc of hat
Year Increase Occurred:
'*arket Value Prior to Sprint/Nextel:
aket Value After Sprint/Nextel:
Portion of Market Value Due to Sprint/Nextel:
Assessed/Taxable Value Prior to Sprint/Nextel:
Assessed/Taxable Value After Sprint/Nextel:
Portion of Assessed/Taxable Value Due to
Sprint/Nextel:
increase occurred due to Tenant's improvements.Property Owner must attach copies of all tax bills/statements and receipts beginning with theyearprior to theyear the
Rev.01/31/2w6.
Owner Initials:
- Tenant Initials:
Site Name:FLAPS East Site ID#: FL2620B
EXHIBIT D
TO SITE AGREEMENT
Memorandum of Agreement
This Memorandum of Agreement("Memorandum")dated 20_,evidences that a Site Agreement(the
"Agreement") dated 20 (the "Effective Date'), was made and entered into between U-Store-IT, L.P., a
Delaware limited-partnership("Owner')and Nextel South Corp.,a Georgia Corporation("Sprint/Nextel"or'"1'enant').
The AgreementAvenue (aW&2010 NE 7d Avenue),provides in part that Sprint/Nextel has the tight to enter
2010 NB 9 upon certain real property owned by Owner and located at
(Sty of Dana Beach, cegro
Agreement(the "Site')for the purpose of performing investigations and testa � State die Site dQ1te,described in the
for the purpose of installing, operating sod maintaining a communications tactility and otberon g improvemeaU.naThe Sito easis further
described in Exhibit A attached hereto.
71e term of Sprint/Nextel's lease and tenancy under the Agreement is 5 years commencing thirty (30) days after die start of
construction of the Facilities (as defined in the Agreement) of eighteen (18) months following the Effective Date, whichever first
occurs("Term Commencement Date'),and is subject to 5 renewal terms of 5 years each that may be exercised by Tenant.
The parties have executed this Memorandum as of the day and year first above written.
OWNER;
U-StomrrT LP.,a Delaware limited partnership
By:U-Stare-it Trust,its Gen"Parana
Num: Robert I.Arnsdell
Title: Treasurer
Address: 6745 Engle Road,Cleveland,OH 44130
SPRINT/NEXTEL:
Nextel South Corp.,a Georgia corporation
By.
Name: David Wong
Title: Area Manager,Site Development
Address: 851 Trafalgar Ct.,Suite 300E,Maitland,FL 32751
Sprint/Nextel Property Services Holline: 800-357-7641
Rev.OU31/1006.
Owner Initials:
Tenant .
Site Name:FLAPS East Sprint Site ID#:FL2620B
VNER NOTARY BLOCK:
STATE OF
COUNTY OF
BEFORE MB,a Notary Public in and for said County and State, personally appeared the above named U-STORE-IT, L.P.,a Delaware
limited partnership, by U-Stowlt Trust, a Maryland real estate investment trust, its General Partner, by Robert J. Amsdell, its Treasurer, who
acknowledged that he did sign the foregoing instrument on behalf of said limited partnership and that the same is his free ad and deed as such officer
and the Bee act and deed of the trust and the limited partnership.
IN WITNESS WHEREOF,I have hereunto set my hand and official seal at Cleveland,Ohio,this _day of
2006.
Notary Public
SPRINT/NEXTEL NOTARY BLOCK:
-- STkT&txs
_ __.....
COUNTY OF
I
The foregoing instrument was(choose one)[]attested or[]acknowledged before me this day of
2006,by David Wong,as Area Manager,Site Development,of Nextel South Corp.,a Georgia corporation.
(AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATE OF
My commission expires: (PRINTED,TYPED OR STAMPED NAME OF NOTARY)
Law Depi PC Doc$77251 Y2
I
tel: i
Florida Department of Transportation" ,
CHARLIE CRIST AVIATION OFFICE STEPHANIE KOPELOUSOS
GOVERNOR 605 Suwannee Street, M.S.46 INTERIM SECRETARY
Tallahassee, FL 32399-0450
CERTIFIED MAIL
February 21, 2007
Ms. Nichole Davis
Sprint Nextel Corporation
851 Trafalgar Court, Suite 300E
Maitland, FL 32751
Re: Aeronautical Study#2006-ASO-6072-OE
Broward County, FL
Dear Ms. Davis:
We have received notice from the Federal Aviation Administration of your proposal to construct a flag pole with
an antenna in the vicinity of Ft Lauderdale/Hollywood International Airport, Fort Lauderdale, Florida. In
accordance with Chapter 333, Florida Statutes, the Florida Department of Transportation has jurisdictional
responsibility for this site location to issue or deny an Airspace Obstruction Permit for the erection, alteration or
modification of any structure exceeding federal obstruction standards, as published in Title 14 of the Code of
Federal Regulations, Part 77.
Enclosed is a State of Florida Airspace Obstruction Permit Application along with a copy Chapter 333, Florida
Statutes. Please complete this application for your proposed structure and return it to this office, along with the
required supporting documents. By statute, we will act on the application within thirty (30) days of receipt.
For additional information, please see the FDOT web site www.dot.state.fl.us/aviation. This form is available
electronically at http://forrnserver.dot.state.fl.us/capture/. If you have any questions concerning this procedure,
please contact me at 850-414-4514.
Sincerely,
Aaron N. Smith
Airspace and Land Use Manager
Enclosures
cc: Mr. William J. Ashbaker, P.E., State Aviation Manager, FDOT Aviation Office
Mrs. Rebecca Mainardi,Aviation Coordinator, FDOT District 4
Mr. Stephen Wilson,Airport Planning, Ft Lauderdale/Hollywood International Airport
Ms. Evangeline Kalus, Senior Planner, Broward County
Mr. Laurence Leeds, AICP, Growth Management Director, City of Dania Beach
www-.dot.state.fl.us