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17-2973 Clear Wireless Communications Site Lease 1st Amendment
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17-2973 Clear Wireless Communications Site Lease 1st Amendment
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8/23/2017 8:14:37 AM
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8/23/2017 8:14:36 AM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
8/14/2017
Doc Number
17-2973
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RESOLUTION 17-2973 <br />A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA <br />APPROVING AND AUTHORIZING THE EXECUTION OF THE 1ST <br />AMENDMENT TO THE COMMUNICATIONS SITE LEASE <br />AGREEMENT WITH CLEAR WIRELESS, LLC FOR THE SOUTH <br />WATER TREATMENT PLANT; PROVIDING FOR CONFLICTS, <br />SEVERABILITY, AND EFFECTIVE DATE. <br />WHEREAS, at their July 21, 1997 meeting, the City Commission approved a Ground <br />Lease Agreement with Sprint via Resolution 97-1049, which was amended on June 1, 1998 via <br />Resolution 98-1103, for ground space and space on the water tower at the South Water <br />Treatment Plant located at 1890 Casselton Drive; and <br />WHEREAS, at their December 14, 2009 meeting, the City Commission approved a Site <br />Lease Agreement with Clear Wireless via Resolution 09-2099 for ground space and space on the <br />water tower at the South Water Treatment Plant located at 1890 Casselton Drive; and <br />WHEREAS, Sprint has provided proper notice of non -renewal of its Ground Lease <br />Agreement dated July 21, 1997 effective on or around July 20, 2017; and <br />WHEREAS, Sprint has acquired a majority interest in Clear Wireless and has stated their <br />desire to assign the equipment under the Sprint expiring lease into the currently -in -effect lease <br />with Clear Wireless; and <br />WHEREAS, Clear Wireless wishes to combine certain equipment Sprint had been <br />operating on the property and add such equipment to the lease with Clear Wireless and also <br />expand their ground space accordingly; and <br />WHEREAS, this will result in Clear Wireless partially assigning its rights to Sprint and <br />the existing Clear Wireless lease allows for assignment upon written approval of the City; and <br />WHEREAS, Clear Wireless has proposed a First Amendment to the existing lease with <br />Clear Wireless to clarify assignment of the equipment and extension of the ground lease area; <br />and <br />WHEREAS, approval of the First Amendment to the lease with Clear Wireless will <br />result in an annual rent increase of $10,000; said lease to expire in 2034 or until lease <br />termination, whichever occurs first. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF CASSELBERRY, FLORIDA AS FOLLOWS: <br />
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