HomeMy WebLinkAboutAT&T Wireless Services of Florida Telecommunications Tower Site Impact Rental Surcharge Agreement -1999 09 01
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TELECOMMUNICATIONS TOWER
SITE IMP ACT RENTAL SURCHARGE AGREEMENT
THIS AGREEMENT is by and between the City of Winter Springs, Florida, a municipal
corporation, hereinafter called the "City", and AT&T Wireless Services of Florida, Inc., a
Florida corporation doing business as AT&T Wireless Services ("AT&T"), and is based on the
following conditions:
WHEREAS, the City has entered into a lease for construction of a One Hundred Sixty-
Five Foot (165') above ground level ("AGL") telecommunications tower on lands owned by the
City, which le.ase is with APT Tampa/Orlando, Inc., dated December 12, 1997 ("APT"); and,
WHEREAS, said lease with APT allows for APT to sublease space on the telecommunications
tower to other telecommunications providers; and,
WHEREAS, said lease between the City and APT reserves space on the telecommunications
tower at One Hundred Fifty Feet (150') AGL for use by the City; and,
WHEREAS, AT&T has entered into a sublease with APT for space on the tower located at an
AGL of One Hundred Twenty Feet (120') which is below the. space reserved for the City; and,
WHEREAS, AT&T will utiliie a 10 by 20 foot area within the ground site around the tower for
its equipment shelter, thereby, impacting the site for future use by the City of its ground equipment
shelter area in exercising its reserved tower space location;
NOW TH,EREFORE, be it agreed by the parties to this Agreement as follows:
1. Recitals Correct. Each and all of the foregoing recitals are acknowledged and agreed to
be true and, correct.
2. Land Area Surcharge. The parties agree that the ground area at the base of the tower to be
utilized by AT&T will limit the availability of ground space for other tower users including the City and
as consideration for the use of such ground area, AT&T agrees to pay a surcharge to the City of
$3,000.00 per year for the period AT&T occupies the tower or the ground area. Said sum may be paid
on a pro-rata basis either monthly or'quarterly, or on an annual lump sum basis in advance to:
City of Winter Springs
Finance Department
1126 E. S.R. 434
Winter Springs, FL 32708
The parties agree that such sum shall be in addition to any sum owed by AT&T to APT, or the
City that is otherwise imposed under that certain lease by and between the City of Winter Springs and
APT or the sublease by and between APT and AT&T.
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3. The parties agree that this Agreement shall not be modified or altered by either party unless such
modification or alteration is agreed to in writing by both parties.
IN WlTNESS WHEREOF the parties hereto set their hand and seal this 1st day of September,
1999.
Witness: AT&T WlRELESS SERVICES OF
~~~QioCA- FLORIDA, INC., a Florida corporation
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Print Name
Print Name: Mary DiOrio
Title: Director of Network Realization
~~ CITY OF WINTER SPRINGS
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Print Name: Ron2.1d 1-1. McLp.more
Print Name Title: City Man~,gp.r
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AT&T Wireless Services
Suite 110
2400 Maitland Center Pkwy,
Maitland, FL 32751
December 27, 1999
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City of Winter Springs
Finance Department
1126 E. State Road 434
Winter Springs, FL 32708
Subj: AT&T Wireless Services, Site Impact Rental Surcharge Agreement dated
September 1, 1999
Please allow thi~ letter to be AT&T Wireless Services notice of intent to commence
payment of the ag,reed upon "Land Area Surcharge" referenced in the agreement above.
AT&T Wireless Services of Florida, Inc., and APT Tampa/Orlando, Inc. has entered into
a Site Sublease Agreement dated 1 September, 1999. This agreement allowed AT&T to
occupy space on the tower constructed by APT under a Site Agreement for Land between
APT Tampa/Orlando Inc. And the City of Winter Springs. In addition to any
commitments that AT&T may have to APT under the above agreement, AT&T has also
agreed to pay the City of Winter Springs an annual payment of$3,000.00 as a "Land
Area Surcharge."
Paperwork has been initiated and the surcharge payment for the balance of 1999 from
August 17, 1999 (Construction start) will be forth coming within the next three to four
weeks. Also included will be payment in full for the calendar year 2000. The check will
be in the amount of. $4, 117.92. This will represent 136 days in 1999 @ $8.22 per day
and $3,000.00 for calendar year 2000.
Please call me at (407) 667-5681 if there are any questions.
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Walter D. Tanner
Manager, System Development
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