HomeMy WebLinkAboutDocumentation_Regular_Tab 19_08/13/2009~ VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date:
August 13, 2009 Meeting Type: Regular Ordinance #:;lick here to enter text.
Consent Agenda: No Resolution #: Click here to enter text.
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Authorizing to approve the AT&T Cell Tower Agreement between the Village of Tequesta and New Cingular
Wireless PCS, LLC., with revisions.
3. BUDGET /FINANCIAL IMPACT:
Account #: ~~lick here to eater text. Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
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Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item.
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4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Authorizing to approve the AT&T Cell Tower Agreement between the Village of Tequesta and New Cingular
Wireless PCS, LLC., with revisions.
5. APPROVALS:
Dept. Head:
Attorney: (for legal sufficiency)
Finance Director:
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM: ^
Yes ^ No ^
• DENY ITEM: ^
MEMORANDUM
Village of Tequesta
Administration
TO: Village Council
FROM: Michael Couzzo, Village Manager
DATE: August 13, 2009
SUBJECT: Request to approve the AT&T Cell Tower Lease Agreement
Submitted for your approval is the AT&T Cell Tower Lease Agreement between the
Village of Tequesta and New Cingular Wireless PCS, LLC with revision. This
agreement allows a portion of 136 Bridge Road, Tequesta to be used for the installation
of a communications tower.
Thank you.
McWilliams, Lori
From: keith W. Davis [keith@corbettandwhite.com]
Sent: Thursday, August 06, 2009 2:28 PM
To: McWilliams, Lori
Subject: FW: AT8~T Agreement
As requested.
Keith W. Davis, Esq.
Corbett and White, P.A.
Tel: (561) 586-7116
From: keith W. Davis [mailto:keith@mrbettandwhite.com]
Sent: Thursday, July 30, 2009 12:19 PM
To: 'Genevieve Simpson'
Cc: 'mcouzzo@tequesta.org'; Telfrin, Debra'
Subject: RE: AT&T Agreement
Genevieve:
Below is the language that the Village would require in the Lease Agreement in order to protect its existing license
agreements with other cell providers. This language is necessitated by AT&T's position that it is entitled to co-location
revenue on the proposed tower. Please review and comment. Thanks.
"Tenant agrees that it will not allow co-location, on the Communication Facility or in any other form or fashion on the
leased premises, by any provider, including such provider's successors and assigns, that is party to an existing license
agreement with the Landlord as of the Effective Date of the Agreement. This co-location restriction shall remain in effect
for the entire term of any such license agreement, including all extensions as set forth in said license agreements,
whether or not such extensions have or do become effective. It is acknowledged and agreed by the Tenant and the
Landlord that as of the Effective Date of the Agreement, Landlord is party to a license agreement with Omnipoint Holdings
Inc., and to a license agreement with Sprint Spectrum, L. P. It is further acknowledged and agreed by the Tenant and the
Landlord that the license agreement term with Omnipoint Holdings Inc. shall not expire until December 10, 2023 and that
the license agreement term with Sprint Spectrum L. P shalt not expire until September 27, 2021."
Keith W. Davis, Esq.
Corbett and White, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, Florida 33462
Tel: (561) 586-7116
Fax: (561) 586-9611
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From: Genevieve Simpson [mailto:GSimpson@sbasite.com]
Sent: Thursday, July 30, 2009 10:37 AM
To: 'keith W. Davis'
Subject: RE: AT&T Agreement
Good Morning Keith:
Further to your voice message to Patrick Bardone of this office, I would appreciate your sending me the proposed no
solicitation of existing carriers language at your earliest convenience. If you wish to discuss the same, please do not
hesitate to give me a call.
Thanks
Genevieve Simpson
Leasing Manager
SBA Network Services, Inc:
Office: (561) 226-9515
Fax.' (561) 981-9901
Cell.• (954) 593-4418
gsimpsonnsbarite. com