20-2186 Conveyance of Wireless Communication Easement and Lease Agreement to TPA IV, LLCORDINANCE NO.20-2186
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
AUTHORIZING THE CONVEYANCE OF A WIRELESS
COMMUNICATION EASEMENT AND ASSIGNMENT OF A LEASE
AGREEMENT TO TPA IV, LLC AND AUTHORIZING THE EXECUTION
AND DELIVERY OF RELATED DOCUMENTS; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood (the "City") is vested with home rule authority pursuant to
Article VII, Section 2 of the Constitution of the State of Florida and Chapter 166, Florida Statutes, to
enact ordinances;
WHEREAS, Section 3.10 of the City Charter provides that authorization for the conveyance
of city property interests shall be by ordinance of the City; and
WHEREAS, the City desires to convey and grant wireless communications easements and
assign an existing cell tower lease agreement to TPA IV, LLC, a Delaware limited liability company
(d/b/a as TowerPoint) concerning a portion of the City's property located at 300 North Wayman,
Longwood, Florida, in accordance with the terms and conditions of the Purchase and Sale
Agreement and Easement Agreement referenced herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA:
SECTION 1. AUTHORIZATION OF CONVEYANCE. The City Commission hereby authorizes
the conveyance of the wireless communications easements and assignment lease agreement dated
December 6, 2010 with T-Mobile South LLC pursuant to the terms and conditions of the Purchase
and Sale Agreement between the City and TPA IV, LLC and the Easement Agreement described in
and attached to such Purchase and Sale Agreement approved by the City Commission. The Mayor
and City Clerk are authorized to execute and deliver, on behalf of the City, all documents necessary
to complete the transaction contemplated by the Purchase and Sale Agreement.
SECTION 2. SEVERABILITY OF INVALID PROVISIONS. If anyone or more of the covenants,
agreements or provisions contained herein shall be held contrary to any express provisions of law
or contrary to the policy of express law, though not expressly prohibited, or against public policy, or
shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions
shall be null and void and shall be deemed severable from the remaining covenants, agreements or
provisions hereof and shall in no way affect the validity of any of the other provisions of this
Ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
adoption.
Ordinance No. 20-2186
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FIRST READING: August 3, 2020
SECOND READING AND ENACTMENT on this 24 day of August, 2020.
CITY COMMISSION
CITY OF LONGWOOD, FLORIDA
[SEAL] By:
Matt Morgan,
ATTEST:
Michelle Lo o, C, FCRM, City Clerk
Approved a .f m and legality for use and reliance by the City of Longwood, Florida only:
'7 .///• "v - r .4
Da el W. Langl y, Cit Attorney
Ordinance No. 20-2186
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