R25-086 1 RESOLUTION NO. R25-086
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A COLLOCATION AGREEMENT
5 BETWEEN THE CITY AND DISH WIRELESS LLC AND A MEMORANDUM
6 OF AGREEMENT BETWEEN THE CITY AND DISH WIRELESS, LLC TO
7 ALLOW FOR GROUND EQUIPMENT AND CO-LOCATION ON THE
8 EXISTING TELECOMMUNICATIONS TOWER AT 1901 N. SEACREST
9 BOULEVARD WITH A LEASE AREA OF 35 SQUARE FEET; AND FOR ALL
10 OTHER PURPOSES.
11
12 WHEREAS, the Collocation Agreement and the Memorandum of Agreement with Dish
13 Wireless, LLC will authorize the co-location of network equipment on the existing
14 telecommunications tower located at 1901 N. Seacrest Blvd. Dish Wireless intends to install
15 antenna equipment and associated ground equipment within a designated area at the tower's
16 base; and
17 WHEREAS, this agreement will allow Dish Wireless to enhance its network coverage within
ix the City while also providing a new revenue stream for the City through lease payments; and
19 WHEREAS, the agreement provides that the tenant's ground lease portion is 35 square
20 feet, with equipment space on the vertical tower; the initial term of the lease is for (5) five years
21 with (4) four (5) year extensions, and the annual rent is $ 7,500.00, with a 3% increase each year;
22 and
WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
24 best interests of the city's citizens and residents to approve a Collocation Agreement between the
25 City and Dish Wireless LLC and a Memorandum of Agreement between the City and Dish Wireless,
26 LLC to allow for ground equipment and co-location on the existing telecommunications tower at
27 1901 N. Seacrest Boulevard with a lease area of 35 square feet.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
30 BEACH, FLORIDA, THAT:
31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
34 approve a Collocation Agreement between the City and Dish Wireless, LLC in form and substance
35 similar to that attached as Exhibit A.
36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve a Memorandum of Agreement between the City and Dish Wireless, LLC in form and
38 substance similar to that attached as Exhibit B.
39 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the Collocation Agreement and the Memorandum of Agreement.
41 The Mayor is further authorized to execute any ancillary documents as may be necessary to
42 accomplish the purpose of this Resolution.
43 SECTION 5. The City Clerk shall retain the fully executed Collocation Agreement as a
44 public record of the City. A copy of the fully executed Collocation Agreement shall be provided
45 to Gail Mootz to forward to Dish Wireless, LLC.
46 SECTION 6. The fully executed Memorandum of Agreement shall be provided to Gail
47 Mootz to forward to Dish Wireless, LLC to record in the Public Records of Palm Beach County,
48 Florida, not more than sixty(60)days after the date of full execution of the Collocation Agreement,
49 as required by section 18 of the Collocation Agreement. Gail Mootz shall obtain a copy of the
50 recorded Memorandum of Agreement.
51 SECTION 7. This Resolution shall take effect in accordance with law.
52
53 [SIGNATURES ON THE FOLLOWING PAGE]
54
55
56 PASSED AND ADOPTED this I + day of '41'1.1 2025.
57 CITY OF BOYNTON BEACH, FLORIDA
58 YE. NO
59 Mayor- Rebecca Shelton
60
61 Vice Mayor-Woodrow L. Hay '/'
62
63 Commissioner-Angela Cruz \fit`t" Amo}-‘)O,
64 7
65 Commissioner-Thomas Turkin
66
67 Commissioner-Aimee Kelley
68
69 VOTE LA-0
70 ATTST:
71
72 (/..tet°',
73 Maylee D- .1 - "s, MPA, M , C a Shelton
74 City Clerk Mayor
75 .--00TON B' 1
76 O� 40QORAre *.:0,.(2':� APPROVED AS TO FORM:
0
77 (Corporate Seal) ;,'>../ -XL
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78 i V:• PRO : i ).44x1 Jogn6
79 �i • WIC— 2
19
80 �I\ ...'.....•••dc. ; Shawna G. Lamb
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81 `,,,„,- City Attorney
• OWNER Site Ref:Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
COLLOCATION AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
DISH WIRELESS, L.L.C.
FOR USE OF PROPERTY TO INSTALL PERSONAL WIRELESS SERVICES FACILITIES
THIS COLLOCATION AGREEMENT(the"Agreement"), made and entered into this / 1.-day of
►1 202tjthe"Effective Date"), hereof by and between:
CITY OF BOYNTON BEACH
A Florida municipal corporation
100 East Ocean Avenue
Boynton Beach, FL 33435
(Hereinafter referred to as"CITY")
AND
DISH WIRELESS L.L.C.
A Colorado limited liability company
5709 S. Santa Fe Drive
Littleton, CO 80120
(Hereinafter referred to as"TENANT")
WHEREAS, CITY is the owner of certain real property containing a wireless communications tower
("Tower")located at 1901 N Seacrest Blvd and commonly known as Hester Park, (Site#1901) in the City
of Boynton Beach, Palm Beach County, Florida (hereinafter referred to as the "Land" and more particularly
described in Exhibit"A" attached hereto); and
WHEREAS, TENANT desires to collocate its equipment both on the Tower and on a portion of the
Land authorized in Section 1.01 below (hereinafter collectively referred to as the "Property" and more
particularly depicted in Exhibit "B", attached hereto) to construct, maintain, and operate a communications
facility; and
WHEREAS,on June 5,2001,the CITY entered into a PCS Site Agreement with Sprint Spectrum L.P.,
(hereinafter the "Tower Owner"), as amended by an Agreement Regarding Ground Lease dated June 29,
2006, and Second Amendment to PCS Agreement dated October 9, 2014 (collectively the "Lease
Agreement")relating to Tower Owner's use of said Property(and which provides for collocators); and
WHEREAS,the Lease Agreement requires the consent of CITY to any such collocation on the Tower
and CITY desires to grant such consent, subject to the provisions herein; and
WHEREAS, the City Commission concurs with the recommendation of staff and deems it in the best
interest of the City of Boynton Beach to consent to the collocation on the Tower and the use of a portion of
said real property to TENANT; and
WHEREAS, CITY and TENANT have negotiated an understanding to writing:
NOW THEREFORE, IN CONSIDERATION OF good and valuable consideration paid by TENANT to
CITY, as well as the mutual covenants hereinafter exchanged,the parties agree as follows:
Page 1 of 31
crit-
OWNER Site Ref.•Hester Park(3)
TENANT Site Ref.Dish Wireless Site MIMIA00289A
Section 1. PROPERTY TO BE LEASED
1.01 CITY shall permit TENANT to utilize a 5'x7' portion of the Land (, together with the non-
exclusive right for (A) ingress and egress, seven (7) days a week, twenty-four (24) hours a
day, on foot or motor vehicles, including trucks, and (B)Installation and maintenance of utility
wires, cables, conduits and pipes, over, under, or along a right-of-way extending from the
nearest public right-of-way, to the Property (such right of way for access and utilities is
depicted in Exhibit "B" attached hereto), together with any further rights of way over and
through the Land between the Property and the Tenant's space on the Tower for the
installation, operation, and maintenance of utility wires, poles, cables, conduits, and pipes.
Section 2. DUTIES AND RESPONSIBILITIES OF TENANT
2.01 (A)TENANT shall use the Property for the purpose of constructing,maintaining,and operating
a communications facility and uses incidental thereto, consisting of equipment cabinets and
such telecommunications equipment as needed to meet TENANT's telecommunications
needs and all necessary connecting appurtenances for the purposes of collocation on the
Tower structure constructed and operated by Tower Owner. TENANT's current needs are
shown on the site plan attached hereto as Exhibit"B." TENANT shall have the right to make
modifications to replace, repair, or otherwise upgrade its telecommunications equipment
installed within the Property with prior written approval, from the CITY, which shall not be
unreasonably withheld, conditioned, or delayed.
(B) TENANT acknowledges the Lease Agreement between CITY and Tower Owner for the
construction of a Tower on the Land. TENANT shall enter into the appropriate agreement
with Tower Owner for collocation space on the Tower(the "Tower Space"), as a condition of
this Lease Agreement.
2.02 TENANT shall be responsible for all soil borings and similar tests, which may be required as
a condition of construction, and for all expenses related to its improvements, which may
thereafter be constructed upon Property. CITY grants TENANT the right to access adjoining
and adjacent property owned by CITY as is reasonably required during construction and
installation of TENANT's improvements, provided, however, that TENANT shall be
responsible for restoring said area to its original condition upon completion of the
improvements.
2.03 TENANT shall maintain the Property in a safe and workmanlike condition and meet all
applicable requirements imposed by ordinances of the CITY, including, but not limited to,
maintenance of the interior compound area of the Property with regular landscaping
necessary to remove weeds, growth, and debris/trash.
2.04 TENANT shall supply at the time of execution of this Agreement all specific transmit and
receive frequencies assigned by the Federal Communications Commission ("FCC") to
TENANT for use on the Property and the Tower, which frequencies are disclosed on Exhibit
"D"hereto. Notwithstanding the designation of frequencies per this paragraph,TENANT shall
have the right to change and/or add to the frequencies it transmits and receives from the
Property and the Tower provided (i)TENANT provides CITY with at least thirty(30)days prior
written notice, (ii) the use of such frequencies does not result in violation of the interference
provisions of Section 2.05 of this Agreement and (iii)TENANT is licensed by the FCC to use
such frequencies.
Page 2 of 31
OWNER Site Ref. Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
2.05 TENANT shall not use the Property in any way that interferes with the use of the Property by
CITY; provided however, that CITY hereby acknowledges that TENANT's permitted use of
the Property under this Agreement shall not constitute an impermissible interference by
TENANT. TENANT shall resolve any technical interference problems arising from its
installation of telecommunications equipment with: (i) third party's equipment located at the
Property or on the Tower and operating on the commencement of this Agreement, and (ii)
any equipment of the CITY presently located at the Property or that becomes attached to the
Tower at any future date. TENANT and CITY acknowledge that there may be collocation of
equipment from other telecommunication providers on the Tower and on property adjacent to
the Property. In entering into any agreement with a collocator, CITY, in conjunction with
TENANT will ensure site compatibility with the installation of equipment to ensure that the
collocation will not result in technical interference problems. TENANT shall operate the
TENANT's facilities in a manner that will not cause interference to CITY and other collocators
on the Tower and adjacent to the Property, provided that their installations predate that of the
TENANT's facilities. In the event interference occurs, TENANT agrees to take all action
necessary to eliminate such interference, in a reasonable time period. In the event TENANT
fails to comply with this paragraph, CITY may terminate this Agreement, and/or pursue any
other remedies available under this Agreement, at law, and/or at equity. All operations by
TENANT shall be in compliance with all Federal Communications Commission ("FCC")
federal, state and local requirements. Subsequent to the installation of the TENANT's
facilities, CITY shall not permit itself, its lessees, or licensees to install new equipment on the
Property or Property contiguous thereto owned or controlled by CITY, if such equipment is
likely to cause interference with TENANT's operations. Such interference shall be deemed a
material breach by CITY. In the event interference occurs, CITY agrees to take all action
necessary to eliminate such interference, in a reasonable time period. In the event CITY fails
to comply with this paragraph, TENANT may terminate this Agreement, and/or pursue any
other remedies available under this Agreement, at law, and/or at equity.
2.06 TENANT shall furnish electric service for the operation of TENANT's telecommunications
equipment on the Property. TENANT shall be solely liable for all electricity expenses relating
to its installation and operation of its equipment. TENANT's electrical service shall be
separately metered, and TENANT shall be responsible for all costs associated with metering,
including the cost of installing any meter. If TENANT should install any emergency generators
on the Property, the installation shall comply with Palm Beach County's Wellfield Protection
Ordinance, and any other applicable laws or regulations.
2.07 TENANT shall submit all required applications and required fees for permits to the applicable
CITY and/or County departments for review and approval.
2.08 TENANT shall be responsible for making any necessary returns for and paying any and all
personal property taxes separately levied or assessed directly against its improvements on
the Property. TENANT shall reimburse CITY, as additional rent,for TENANT's proportionate
share of any increase in real estate taxes levied against the Land in excess of the taxes due
for the previous years' real estate taxes on the Land, provided CITY demonstrates that such
increase arises directly from TENANT's improvements and/or TENANT's use of the Property.
TENANT shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge,or seek modification of any real estate tax assessment or billing for which TENANT
is wholly or partly responsible for payment under this Agreement. CITY shall reasonably
cooperate with TENANT in filing any appeal or challenge to real estate taxes.
Page 3 of 31
OWNER Site Ref•Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
2.09 Upon the expiration or earlier termination of this Agreement,TENANT shall,within ninety(90)
days, remove any and all personal property and fixtures and restore the Property to its original
condition, reasonable wear and tear and acts beyond TENANT's control excepted. At CITY's
option, when this Agreement is terminated and upon CITY's advance written notice to
TENANT, TENANT will leave agreed upon foundation and security fences installed at the
Property. If the parties agree to leave TENANT's foundation and security fences, such will
become property of CITY, and TENANT shall, upon request, execute any documents
necessary to reflect such ownership. If such time for removal causes TENANT to remain on
the Property after expiration or termination of this Agreement, TENANT shall pay rent at the
then existing monthly rate or on the existing monthly prorated basis, if based upon a longer
payment term, until such time as the removal of TENANT's personal property and fixtures is
complete. Any and all TENANT personal property and fixtures that TENANT fails to remove
from the Property may be handled, removed, or stored by CITY at the sole risk, cost, and
expense of TENANT, and CITY shall in no event be responsible for the value, preservation,
or safekeeping thereof. TENANT shall pay to CITY, upon demand, any and all expenses
incurred in such removal and all storage charges against such personal property or fixtures.
Any personal property or fixtures of TENANT not removed from the Property or retaken from
storage by TENANT within thirty (30) days after the end of the Term or of termination of
Tenant's right to possession of the Property, however terminated, shall be conclusively
deemed to have been forever abandoned by TENANT and may either be retained by CITY
as its property or may be disposed of in such manner as CITY may see fit in its sole discretion.
2.10 TENANT shall keep the Property free from any liens arising out of any work performed,
materials furnished, or obligations incurred by or for TENANT. TENANT shall, within thirty
(30) days following receipt of notice from the CITY of any such lien, cause the same to be
released of record by payment or posting of a proper bond. No work which CITY permits
TENANT to perform on the Property shall be deemed to be for the use and benefit of CITY
by reason of its consent to such work. CITY shall have the right to post notices that it is not
responsible for payment for any such work in accordance with the provisions of sections
§713.01(23)and §713.01(26), Florida Statutes.
2.11 TENANT acknowledges and agrees that the TENANT'S equipment installations shall be
located alongside other existing wireless providers' equipment on the Property and TENANT
shall cooperate with other tenants on the Property in coordination of TENANT's installation.
2.12 To the extent that the Property is not contained within the existing fenced equipment
compound on the Land, TENANT shall place around the perimeter of its Property a security
fence that meets the approval and requirements of the CITY, which shall be maintained by
TENANT, at its sole expense.
2.13 Signage: TENANT shall permanently mark all ground equipment with Tenant's name, site
number, emergency contact number, and any other pertinent information.
2.14 TENANT, as the owner and/or service operator/provider of a wireless communication facility
shall register with the CITY no later than October 1 of each year in accordance with Chapter
3, Article V, Section 13, Part I, "Annual Registration," of the CITY's Land Development
Regulations. TENANT shall comply with all other applicable regulations governing Wireless
Communications Facilities, including, but not limited to Chapter 3,Article V, Section 13 of the
CITY's Land Development Regulations.
Page 4 of 31
OWNER Site Ref Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
Section 3. DUTIES AND RESPONSIBILITIES OF CITY
3.01 CITY shall cooperate with TENANT in its effort to obtain certificates, permits and other
approvals that may be required by any federal, state, county, or city authorities.
3.02 CITY shall grant TENANT the right to survey the Property in order to meet requirements to
submit the applications for permits.
3.03 CITY shall cooperate with TENANT in its effort to obtain utility services over, under, or along
a right-of-way extending from the nearest public right-of-way, to the Property (such right of
way is depicted in Exhibit "B" attached hereto), including signing such documents or
easements as may be required by any public utility. If any public utility is unable to use the
aforementioned right-of-way, the CITY hereby agrees to grant an additional right-of-way(s)
either to the TENANT or to the public utility, as such may be reasonably required.
Section 4. ACKNOWLEDGEMENT
4.01 CITY and TENANT acknowledge that TENANT's ability to use the Property is contingent upon
TENANT obtaining, after the execution of the Agreement, all the certificates, permits, and
other approvals that are required by any federal, state, and/or local authorities. In the event
that any certificate, permit, or approval issued to TENANT is canceled, expires, lapses, or is
otherwise withdrawn or terminated by a governmental authority, so that TENANT is unable to
use the Property and Tower for their intended purpose, TENANT shall have the right to
terminate this Agreement by providing six (6) months written notice prior to the effective
termination date.
4.02 TENANT agrees that it will not use,generate,store, or dispose of any Hazardous Material on,
under, about, or within the Land in violation of any law or regulation. CITY represents,
warrants,and agrees(a)that neither CITY nor,to CITY's knowledge,any third party has used,
generated, stored, disposed of, or permitted the use, generation, storage, or disposal of, any
Hazardous Material (defined below) on, under, about, or within the Land in violation of any
law or regulation,and(b)that CITY will not,and will not permit any third party to use,generate,
store, or dispose of any Hazardous Material on, under, about, or within the Land in violation
of any law or regulation. TENANT agrees to defend, indemnify,and hold harmless the CITY,
and its officials, partners, affiliates, agents, and employees against any and all losses,
liabilities, claims, and/or costs (including reasonable attorney's fees and costs through the
conclusion of any litigation, including appeals)arising from any breach of any representation,
warranty,or agreement contained in this paragraph or any inaccuracy of belief in the condition
of the Land. As used in this paragraph, "Hazardous Material" shall mean petroleum or any
petroleum product, asbestos, and/or any substance, chemical, or waste that is identified as
hazardous, toxic, or dangerous in any applicable federal, state, local law or regulation.
Notwithstanding the foregoing,if TENANT obtained regulatory approval to install and maintain
a diesel-powered electrical generator on the Property, fuel storage for same must be in an
approved double wall above-ground container either independent of the generator or
contained within the generator. At all times during the term of this Agreement,TENANT must
comply with all regulations for safe storage, reporting, and mitigation/remediation related to
this limited exception for use of diesel upon the Property.TENANT shall be solely responsible
for all costs CITY as property owner may incur to mitigate or remediate a release of diesel
Page 5 of 31
(pet-
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
resulting from TENANT's use of diesel under this limited exception. This paragraph shall
survive the expiration or termination of the Agreement.
4.03 CITY covenants that CITY has good and sufficient title and interest to the Property and has
full authority to enter into and execute this Agreement. CITY further covenants that there are
no other liens,judgments. or impediments of title on the Property.
4.04 TENANT covenants that the person or persons executing this Agreement on behalf of
TENANT has the full right, power and authority to enter into and execute this Agreement on
TENANT's behalf.
Section 5. TERM OF AGREEMENT
5.01 Term: The initial term of this Agreement shall be five (5) years commencing upon the first
day of the month immediately following the latter date that both parties execute this
Agreement (the "Commencement Date"), and terminating on the day immediately preceding
the fifth (5") anniversary of the Commencement Date (the "Initial Term") unless otherwise
terminated pursuant to the terms of this Agreement. TENANT shall have the right to extend
the Term for four (4) successive five (5) year periods (the "Renewal Terms") on the same
terms and conditions as set forth herein. The Initial Term and any Renewal Terms are
collectively referred to as the "Term."
5.02 Renewals: The Renewal Terms shall automatically occur unless TENANT gives written notice
to the CITY of its intention not to extend this Agreement at least six (6) months prior to the
end of the current term.
5.03 If, at the end of the last Renewal Term, this Agreement has not been terminated by either
party giving the other party written notice of its intention to terminate at least six (6) months
prior to the end of the last Renewal Term, this Agreement shall remain in force and effect
upon the same covenants, terms and conditions. This Agreement shall renew for annual
terms thereafter on the same financial terms, including annual increases, unless terminated
by either party by giving the other party written notice of its intention to terminate at least six
(6) months prior to the end of such term. The rental fee payment for any additional term
authorized pursuant to this paragraph shall be reasonably negotiated between the parties
should such an additional term occur, and may be modified pursuant to an amendment duly
executed by the parties.
Section 6. CONSIDERATION
6.01 Rent: CITY shall be paid an annual rental fee payment of Seven Thousand Five Hundred
Dollars ($7,500.00) ("Rent"). Payment shall be made in a lump sum each year on the
Anniversary Date (as defined in Section 6.02 below). The parties hereto acknowledge that
the initial Rent payment shall be prorated to cover the period from the Commencement Date
through the next Anniversary Date. Such initial Rent payment shall be made within sixty (60)
days of the Commencement Date and sent to the address set forth in Section 6.02 below.
The Rent shall increase annually on each Anniversary Date by an amount equal to three
percent (3%) of the annual rent in effect for the previous twelve (12) months. TENANT shall
require receipt of a validly completed IRS approved W-9 form(or its equivalent)prior to paying
any Rent or any other amount(s) due under this Agreement.
Page 6 of 31
oTC -
OWNER Site Ref.•Hester Park(3)
TENANT Site Ref Dish Wireless Site MIMIA00289A
6.02 The Anniversary Date,for the purpose of this Agreement, is September 30th of each calendar
year. Except for the initial Rent payment, all Rent payments shall be submitted to the CITY
no later than thirty (30) calendar days after the Anniversary Date. Said payment shall be
submitted to City of Boynton Beach, 100 East Ocean Avenue, Boynton Beach, Florida 33435,
Attn: Real Estate Manager,celltoweradmin@bbfl.us. Pursuant to the requirements of Section
2-9 of the Code of Ordinances of the City of Boynton Beach,CITY shall impose a one percent
(1%) penalty per month (twelve percent [12%] per year)on past due payments. The penalty
shall be imposed on the thirtieth (309')day after the payment becomes due.
6.03 TENANT shall pay all applicable sales taxes (except to the extent that TENANT is or may
become exempt from the payment of sales tax in the jurisdiction in which the Land is located),
real estate taxes directly assessed against TENANT's property, utility charges, cost of
maintenance, and all other charges and expenses associated with the TENANT's use of the
Property and the Tower.
6.04 Rental Documentation: CITY hereby agrees to provide to TENANT certain documentation
(the "Rental Documentation") evidencing CITY's interest in, and right to receive payments
under,this Agreement, including without limitation: (i)documentation,acceptable to TENANT
in TENANT's reasonable discretion, evidencing CITY's good and sufficient title to and/or
interest in the Property and right to receive rental payments and other benefits hereunder;
and(ii)a complete and fully executed Internal Revenue Service Form W-9,or equivalent,and
such complete and fully executed state and local withholding forms as are reasonably
requested by TENANT, for any party to whom rental payments are to be made pursuant to
this Agreement. From time to time during the Term of this Agreement and within thirty (30)
days of a written request from TENANT, CITY agrees to provide updated Rental
Documentation in a form reasonably acceptable to TENANT. The Rental Documentation shall
be provided to TENANT in accordance with the provisions of and at the address given in
Section 16 below. The Parties agree and acknowledge that TENANT shall be responsible for
the monthly rental payments due under this Agreement commencing on the Commencement
Date and for each month thereafter throughout the term of this Agreement (except as
otherwise provided herein), but that TENANT will be unable to process any rental payments
until the Rental Documentation has been supplied to TENANT as provided herein. Within
fifteen(15)days after obtaining an interest in the Property or this Agreement,any assignee(s),
transferee(s), or other successor(s) in interest of CITY shall provide to TENANT Rental
Documentation in the manner set forth in this paragraph.
Section 7. TERMINATION
7.01 Prior to the end of the Initial Term, or any Renewal Terms of this Agreement, TENANT may
terminate this Agreement by providing written notice to the CITY, pursuant to Section 16, at
least six(6) months prior to the end of the current term.
7.02 Should TENANT default under any of the terms of this Agreement, CITY may terminate this
Agreement for any cause by providing forty-five(45)calendar days written notice to TENANT;
however, TENANT shall be given the opportunity to correct any default within forty-five (45)
calendar days after receipt of written notice of such default from CITY. This Agreement shall
not be terminated if such default is of a nature that it cannot be cured in forty-five(45)calendar
days and TENANT is diligently proceeding to cure such defect.
Page 7 of 31
JCS-
OWNER Site Ref. Hester Park(3)
TENANT Site Ref.Dish Wireless Site MIMIA00289A
7.03 As set forth in Section 5.03, either party may terminate this Agreement at the end of the last
Renewal Term provided said party gives the other party written notice at least six(6) months
prior to the end of the last Renewal Term.
7.04 In the event of termination of this Agreement by TENANT, all rental fees paid prior to said
termination date shall be retained by the CITY.
7.05 Upon termination, TENANT shall offer CITY first option to purchase certain remaining
improvements designated at TENANT'S discretion,for the agreed upon sum of One Hundred
and XX/100 Dollars ($100.00). The parties acknowledge that TENANT's equipment is not
intended to remain upon termination. CITY shall have sixty (60) calendar days from the
effective date of termination in which to exercise this option. Notwithstanding the foregoing,
under no circumstances does CITY have the right to purchase any of TENANT's equipment.
7.06 TENANT shall have a reasonable time, not to exceed fifteen (15)days after receipt of notice
from the CITY, to correct any safety hazard in violation of federal, state, county, local law, or
ordinance that exists on the Property after receipt of notice from any appropriate CITY official
or designee. Failure to comply with this provision may result in the termination of this
Agreement; however, the CITY may extend the time period to remedy the violation if the
TENANT is making good faith efforts, to the CITY's reasonable satisfaction, to correct said
hazard.
7.07 In the event TENANT determines that the Property and the Tower are no longer technically
compatible for its intended use, TENANT shall have the right to terminate this Agreement by
providing at least six (6)months'written notice to the CITY together with a termination fee in
a sum equal to two (2)years' Rent then payable pursuant to this Agreement.
7.08 In the event that the collocation agreement between TENANT and Tower Owner expires or is
otherwise earlier terminated, TENANT shall have the right to terminate this Agreement by
providing at least ninety (90) days' notice to the CITY with evidence of such termination by
Tower Owner together with a termination fee in a sum equal to two (2) years' Rent then
payable pursuant to the Agreement.
Section 8. INDEMNIFICATION
8.01 TENANT agrees to indemnify, save and hold harmless from and defend CITY and its
Commission members, officers, agents, and employees from any and all claims, damages,
liability, losses, causes of action of any nature whatsoever, which may arise out of, in
connection with or because of the use and occupancy of the Property by TENANT or its
officers, agents, employees, or independent contractors under this Agreement or the breach
of this Agreement, by TENANT. Pursuant to the foregoing, TENANT shall pay all claims,
losses, liens, settlements, and judgments in connection therewith, including, but not limited
to, reasonable attorney fees, paralegal fees,and costs,through the conclusion of all litigation,
including any appeals, to defend all suits. Such indemnification shall not be limited to the
amount of comprehensive general insurance, which TENANT is required to obtain under this
Agreement. Notwithstanding the foregoing,the foregoing indemnification obligations shall not
apply in the event such claim, damage, liability, loss, or other cause of action is due to the
negligence or willful misconduct of the CITY and its Commission members, officers, agents,
and employees. This section shall survive for five(5)years after the expiration or termination
of this Agreement.
Page 8 of 31
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref Dish Wireless Site MIMIA00289A
Section 9. INSURANCE
9.01 TENANT shall secure and maintain, at its own expense, and keep in effect during the full term
of this Agreement, a policy or policies of insurance, which must include the following
coverages and minimum limits of liability:
(1) Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers'Liability Act and the Jones
Act. Employer's Liability Insurance shall be provided with a minimum of $1,000,000.00 per
accident. TENANT agrees to be responsible for the employment, conduct and control of its
employees and for any injury sustained by such employees in the course of their employment.
(2) Commercial Automobile Liability Insurance for all owned, non-owned, and hired
automobiles and other vehicles used by TENANT and/or TENANT's company in the
performance of any obligations under this Agreement, with the following minimum limits of
liability: $1,000,000.00 Combined Single Limit, per occurrence, Bodily Injury & Property
Damage.
(3) Comprehensive General Liability(occurrence form)with the following minimum limits
of liability: $1.000,000.00 Combined Single Limit, per occurrence. Bodily Injury & Property
Damage.
9.02 Coverage shall specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage Liability:
(a) Premises and Operations.
(b) Independent Contractors.
(c) Product and Completed Operations Liability.
(d) Broad Form Property Damage.
(e) Standard Contractual Liability applicable to the Agreement and specifically
insuring the indemnification and hold harmless agreement contained in section 8
above.
(f) Owner's or Contractor's Protective Liability.
9.03 UPON EXECUTION OF THIS AGREEMENT BY TENANT, TENANT SHALL BE REQUIRED
TO SUBMIT TO THE CITY COPIES OF ITS CERTIFICATE(S) OF INSURANCE
EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT
THE CITY OF BOYNTON BEACH IS AN ADDITIONAL INSURED WITH RESPECT TO THE
REQUIRED AUTOMOBILE AND GENERAL LIABLITY and WORKERS COMPENSATION
COVERAGES AND CONTRACTOR OPERATIONS UNDER THE AGREEMENT. TENANT
SHALL PROVIDE AFOREMENTIONED COPIES VIA EMAIL TO CITY TO THE EMAIL
ADDRESSES IN THE NOTICES SECTION BELOW.
9.04 Insurance companies selected must be acceptable to the CITY.All of the policies of insurance
so required to be purchased and maintained shall contain a provision or endorsement that
the coverage afforded shall not be canceled, until at least thirty (30) calendar days written
notice has been given to the CITY.
Pagc 9 of 31
1
OWNER Site Ref:Hester Park(3)
TENANT Site Ref Dish Wireless Site MIMIA00289A
9.05 These insurance requirements shall not relieve or limit the liability of TENANT.The CITY does
not in any way represent that the types and amounts of insurance required hereunder are
sufficient or adequate to protect TENANT's interests or liabilities but are merely minimum
requirements established by the City's Risk Manager. The CITY reserves its right to require
any other insurance coverages that the CITY deems necessary depending upon the risk of
loss and exposure to liability.
9.06 The required insurance coverage shall be issued by an insurance company authorized and
licensed to do business in the State of Florida, with the minimum rating of B+ to A+, in
accordance with the latest edition of A.M. Best's Insurance Guide.
9.07 TENANT shall require each of its subcontractors of any tier to maintain the insurance required
herein(except as respects limits of coverage for employers and public liability insurance which
may not be less than One Million ($1,000,000)Dollars for each category), and TENANT shall
be required to provide verification thereof to the CITY upon request of the CITY.
9.08 All required insurance policies shall preclude any underwriter's rights of recovery or
subrogation against the CITY with the express intention of the parties being that the required
insurance coverage protects both parties as the primary coverage for any and all losses
covered by the above-described insurance.
9.09 TENANT shall be required to ensure that any company issuing insurance to cover the
requirements contained in this Agreement shall be compensated by TENANT, and TENANT
agrees that TENANT shall have no recourse against the CITY for payment or assessments
in any form on any policy of insurance.
9.10 The clauses"Other Insurance Provisions"and"Insured Duties in the Event of an Occurrence,
Claim or Suit" as it appears in any policy of insurance in which the CITY is named as an
additional named insured shall not apply to the CITY. Instead, the CITY shall provide written
notice of occurrence within fifteen (15) working days of the CITY's actual notice of such an
event to TENANT.
9.11 TENANT shall not be allowed to commence performance of its obligations under this
Agreement until after it has obtained all of the minimum insurance herein described and the
same has been approved by CITY.
9.12 Violation of any of the insurance terms of this Section 9 and its sub-parts shall constitute a
breach of the Agreement and the CITY, at its sole discretion, may terminate the Agreement
pursuant to Section 7 of this Agreement.
Section 10. ASSIGNMENT
10.01 This Agreement may be sold, assigned, or transferred by TENANT without any approval or
consent of CITY to TENANT's principal(s), affiliates, or any subsidiary of TENANT, its
principal(s)or affiliates, or to any FCC licensed wireless provider entity, which acquires all or
substantially all of TENANT'S assets in the market defined by the FCC in which the Property
is located by reason of a merger, acquisition, or other business reorganization. As to other
parties, this Agreement may not be sold, assigned or transferred without the written consent
of CITY, which such consent will not be unreasonably withheld, delayed, or conditioned.
Notwithstanding any such assignment, or transfer by TENANT, TENANT agrees that it shall
Page 10 of 31
OWNER Site Ref Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
remain liable for all monetary and non-monetary obligations under this Agreement. Except
as provided herein,TENANT shall not assign,transfer,or sublet any of its rights or obligations
under this Agreement to any third parties without the express written consent of CITY.
10.02 The CITY may assign some or all of its responsibilities under this Agreement to a tower
management company, including the right to administer this Agreement, collect rent, ensure
compliance with applicable federal, state, and local laws, and other administrative details,
without consent of TENANT.
Section 11. COMPLIANCE WITH LAWS
11.01 TENANT shall be required to comply with all statutes, laws, ordinances, rules, regulations,
and lawful orders of the United States of America, State of Florida, Palm Beach County, City
of Boynton Beach, and of any other public authority, which may be applicable to this
Agreement. The execution of this Agreement shall not result in the breach of any term or
provision of, or constitute a default under any indenture, mortgage, contract, or agreement to
which TENANT is a party; TENANT has no financial interest in marketing the CITY's debt, or
financial interest with investment banks, banks, or underwriters associated with the CITY's
proposed debt issues. TENANT is not insolvent, not in bankruptcy proceedings or
receivership, nor engaged in or threatened with any litigation or other legal or administrative
proceedings or investigations of any kind which would have an adverse effect on TENANT's
ability to perform the obligations herein.
Section 12. GOVERNING LAW: VENUE
12.01 The validity, construction, and effect of this Agreement shall be governed by the laws of the
State of Florida or applicable Federal Law.
12.02 Any claim, objection or dispute arising out of the terms of any agreement shall be litigated
exclusively in the state and federal courts in and for Palm Beach County, Florida.
Section 13. INSOLVENCY
13.01 In the event that either party shall be adjudicated insolvent, suffer, or permit the appointment
of a receiver for its business or its assets, or shall avail itself of, or become subject to, any
proceeding under the Federal Bankruptcy Act or any other statute of any state relating to
insolvency or the protection of rights of creditors,or become subject to rehabilitation and such
proceeding is not discharged or vacated within one hundred twenty(120)calendar days after
the filing thereof,then, at the option of the other party or immediately upon written notice,this
Agreement shall terminate and be of no further force and affect.
Section 14. ENTIRE AGREEMENT
14.01 This Agreement contains the entire understanding of the parties relating to the subject matter
hereof superseding all prior communications between the parties, whether oral or written.
This Agreement may not be altered, amended, modified, or otherwise changed nor may any
of the terms hereof be waived, except by a written instrument executed by both parties. The
failure of a party to seek redress for violation of or to insist on strict performance of any of the
covenants of this Agreement shall not be construed as a waiver or relinquishment for the
Page 11 of 31
jad-
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref•Dish Wireless Site MIMIA00289A
future of any covenant, term, condition, or election, but the same shall continue and remain
in full force and effect.
Section 15. SEVERABILITY AND CONFLICT
15.01 Should any part, term or provision of this Agreement be by the courts decided to be invalid,
illegal or in conflict with any law of this State,the validity of the remaining portions or provisions
shall not be affected thereby.
15.02 In the event of conflict between this Agreement and the terms and conditions set forth in any
request for proposal issued, the terms of this Agreement shall control.
Section 16. NOTICES
16.01 All notices or other communications required by this Agreement shall be in writing and
deemed delivered upon mailing by registered or certified mail, return receipt requested, or
overnight courier to the persons/addresses as shown below. Each such notice shall be
deemed delivered on the date delivered by overnight courier; or on the date upon which the
return receipt is signed or delivery is refused or the notice is designated by the postal
authorities as not deliverable.
As to CITY:
With copy to:
City Manager Real Estate Manager
City of Boynton Beach City of Boynton Beach
100 East Ocean Avenue 100 East Ocean Avenue
Boynton Beach, FL 33435 Boynton Beach, FL 33435
celltoweradmin@BBFL.US
City's Tower Manager:
CityScape Consultants, Inc.
2423 S Orange Ave,#317
Orlando, FL 32806
AS TO TENANT: Leasing@CityScapeGov.corn
DISH WIRELESS L.L.C.
Attn: Lease Administration/
MIMIA00289A
5701 South Santa Fe Drive
Littleton, Colorado 80120
Section 17. OTHER PROVISIONS
17.01 Should the CITY, at any time during the term of this Agreement, decide to sell all or part of
the Land to a purchaser other than TENANT, such sale shall be under and subject to this
Agreement and TENANT's rights hereunder, and any sale by the CITY of the portion of the
Land underlying the right-of-way herein granted shall be under and subject to the right of the
TENANT in and to such right-of-way.
17.02 Attorney's Fees. In the event that either party should take legal action against the other by
reason of the other's failure to abide by this Agreement, the party who is found to be in
violation of this Agreement shall pay to the other party who prevails in said action, the
Page 12 01'31
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref Dish Wireless Site MIMIA00289A
prevailing party's reasonable expenses Incurred in the enforcement of this Agreement, said
expenses to include, but not be limited to, reasonable attorney's fees and court costs.
17.03 CITY agrees and acknowledges that all of the equipment, conduits, fixtures, and personal
property of TENANT shall remain the personal property of TENANT, and TENANT shall have
the right to remove the same at any time during the Term, whether or not said items are
considered fixtures and attachments to real property under applicable law. CITY waives any
lien rights it may have concerning TENANT's property.
17.04 If circumstances occur or threaten to occur from which CITY may reasonably conclude that
damage is likely to occur to the property of TENANT, or of the property of any other person,
or that substantial threat to life exist, before agents of TENANT can be advised and respond,
CITY without notice to TENANT, may repair, maintain, de-energize, disconnect, or dismantle
any or all equipment and/or lines of TENANT and take any other action which, in CITY's
discretion, may appear necessary, with respect to the property of TENANT, without any
liability on the part of CITY for any damage that such action may cause. If CITY takes any
actions authorized by this Section 17.04, it will telephonically notify TENANT by calling 303-
723-2222 as soon as practicable under the circumstances.
17.05 CITY and TENANT acknowledge that TENANT shall enter into an Agreement with Tower
Owner to collocate on the Tower and utilize the Property for Tenant's intended use hereunder.
TENANT shall diligently negotiate with Tower Owner to affect a reasonable collocation
agreement for the leasing of space on the permanent tower located on the Property. Should
TENANT not be able to negotiate a Collocation Agreement with Tower Owner within ninety
(90) calendar days after the approval of this Agreement by the CITY, this Agreement shall
terminate immediately.The CITY Purchasing Manager, however, may authorize a reasonable
extension for TENANT's negotiations with Tower Owner upon a written request for extension.
17.06 Prohibited Telecommunications Equipment. TENANT represents and certifies that TENANT
and all subcontractors do not use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system, as such terms are used in
48 CFR§§52.204-24 through 52.204-26.TENANT represents and certifies that TENANT and
all subcontractors shall not provide or use such covered telecommunications equipment,
system, or services during the Term.
17.07 Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by
entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign
immunity by CITY nor shall anything included herein be construed as consent by CITY to be
sued by third parties in any matter arising out of this Agreement.
17.08 Regulatory Capacity. Notwithstanding the fact that CITY is a municipal corporation with
certain regulatory authority, CITY's performance under this Agreement is as a party to this
Agreement and not in its regulatory capacity. If CITY exercises its regulatory authority, the
exercise of such authority and the enforcement of applicable law shall have occurred pursuant
to CITY's regulatory authority as a governmental body separate and apart from this
Agreement,and shall not be attributable in any manner to CITY as a party to this Agreement.
Page 13 of 31
JC4.-
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
Section 18. RECORDATION
18.01 CITY and TENANT agree that a Memorandum of Agreement in the form attached hereto as
Exhibit "C" shall be recorded in the Public Records of Palm Beach County, Florida, by
TENANT not more than sixty(60)days after the date of full execution of this Agreement. The
cost for recordation shall be paid by the TENANT.
Section 19. DESTRUCTION OR CONDEMNATION
19.01 If the Property or the portion of the Land that contains the Tower compound or TENANT's
equipment is damaged, destroyed,condemned or transferred in lieu of condemnation,and as
a result of such damage,destruction,condemnation or transfer,TENANT reasonably believes
that its operations will be interfered with for more than forty-five(45)days,TENANT may elect
to terminate this Agreement as of the date of the damage, destruction, condemnation, or
transfer in lieu of condemnation by giving notice to CITY no more than forty-five (45) days
following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If TENANT chooses not to terminate this Agreement, Rent shall be reduced
or abated in proportion to the actual reduction or abatement of use of the Property and Tower.
Section 20. ACCESS TO TOWER
20.01 CITY agrees that TENANT shall have free access across the Property to the Tower at all
times for the purpose of installing and maintaining TENANT's equipment. CITY shall furnish
TENANT with necessary means of access for the purpose of ingress and egress to this site
and Tower location. It is agreed, however, that only authorized engineers, employees, or
properly authorized contractors of TENANT or CITY,or persons under their direct supervision
will be permitted to enter said premises.
Section 21. WARRANTY OF QUIET ENJOYMENT
21.01 CITY warrants that CITY has the full right to make and perform this Agreement; and CITY
covenants and agrees with TENANT that upon TENANT paying the Rent and observing and
performing all the terms, covenants and conditions on TENANT's part to be observed and
performed, TENANT shall peacefully and quietly enjoy the Property.
Section 22. SUCCESSORS
22.01 This Agreement shall extend to and bind the heirs, personal representatives, successors and
assigns of the parties hereto.
Section 23. SURVIVAL
23.01 The provisions of the Agreement relating to indemnification from TENANT to CITY shall
survive any termination or expiration of this Agreement. Additionally, any provisions of this
Agreement which require performance subsequent to the termination or expiration of this
Agreement shall also survive such termination or expiration.
Page 14 431
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
Section 24. CONFLICT OF INTEREST
24.01 TENANT acknowledges and agrees that no person under its employ who presently exercises
any functions or responsibilities in connection with this Agreement has any personal financial
interests, direct or indirect, with the CITY, and further covenants that, during the term of this
Agreement, no person having such conflicting interest shall be employed.Any such interests,
on the part of TENANT or its employees, must be disclosed in writing to the CITY. TENANT
is familiar with the conflict of interest laws of the Municipal Code of the City of Boynton Beach,
Palm Beach County, and the State of Florida, including, but not limited to, Chapter 112,
Florida Statutes, as amended from time to time, and agrees to remain in compliance in all
respects with the terms of said laws. TENANT further warrants that it has not employed or
retained any person employed by the CITY to solicit or secure any contract with the CITY and
that it has not offered to pay, paid, or agreed to pay, any public official or person employed
by the CITY any fee, commission, percentage, brokerage fee or gift of any kind, contingent
upon or resulting from the award of this Agreement.
Section 25. ENVIRONMENTAL
25.01 TENANT represents and warrants to CITY that TENANT's use and activities on the Property
shall be conducted in compliance with all applicable environmental ordinances, rules,
regulations, statutes, orders, and laws of all local, state, or federal agencies or bodies with
jurisdiction over the Property or the activities conducted on the Property (hereinafter
collectively referred to as the"Environmental Laws"). In the event any of TENANT's activities
require the use of"hazardous"or"toxic"substances, as such terms are defined by any of the
Environmental Laws, then TENANT represents and warrants to CITY that Tenant has
received all permits and approvals required under the Environmental Laws with respect to
such toxic or hazardous substances. TENANT covenants and agrees to maintain the
Property in a "clean" condition during the term of this Agreement, as extended or renewed.
As used in this paragraph, the term "clean" shall mean that the Property is in complete
compliance with the standards set forth under the Environmental Laws and any standards set
forth in this Agreement.
25.02 In the event TENANT breaches any of its representations, warranties, covenants, or
agreements contained in this paragraph or fails to notify CITY of the release of any hazardous
or toxic substances from the Property, then such breach or failure to notify shall be deemed
a default under this Agreement and CITY shall have all rights and remedies available to it,
including, but not limited to, the right to terminate this Agreement and/or initiate a clean-up of
the Property, in which case CITY shall be reimbursed by TENANT for, and indemnified by
TENANT from, any and all costs, expenses, losses, and liabilities incurred in connection with
such clean-up of the Property (including all reasonable attorneys' and paralegals' fees and
costs incurred at trial and all appellate levels) by TENANT. In the alternative, CITY may
require TENANT to clean-up the Property and to fully indemnify, defend, and hold CITY
harmless from any and all losses, liabilities,expenses(including but not limited to reasonable
attorneys'and paralegals'fees and costs at trial and all appellate levels), and costs incurred
by CITY in connection with TENANT's clean-up action. Notwithstanding anything herein,
TENANT agrees to pay, and shall indemnify and defend CITY from and against, any and all
losses, claims, liabilities, costs, and expenses (including reasonable attorneys' and
paralegals'fees and costs at trial and all appellate levels)incurred by CITY as a result of any
breach by TENANT of this paragraph, and/or as a result of any contamination of the Property
due to TENANT's use of hazardous or toxic substances on the Property.
Page 15 of 31
OWNER Site Ref. Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
25.03 Diesel Generators/Soil Testing. If TENANT has installed a backup generator which uses
diesel fuel on the Property, at least annually, on the anniversary of this Agreement, TENANT
shall engage a third party testing firm to sample the ground within TENANT's Property for the
presence of any Hazardous Substance and provide a report regarding same. Hazardous
Substance" shall mean materials, wastes, or substances that are (A) included within the
definition of any one or more of the terms "hazardous substances," "hazardous materials,"
"toxic substances," "toxic pollutants," and "hazardous waste" in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.
Section 9601, et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
Section 6901, et seq.), the Clean Water Act (33 U.S.C. Section 1251, et seq.), the Safe
Drinking Water Act(42 U.S.C.Section 300f, et seq.),the Hazardous Materials Transportation
Act (49 U.S.C. Section 180 1, et seq.), and the Toxic Substance Control Act (15 U.S.C.
Section 2601, et seq.)and the regulations promulgated pursuant to such laws, (B) regulated
or classified as hazardous or toxic, under federal, state, or local environmental laws or
regulations, (C)petroleum, (D)asbestos or asbestos containing materials,(E)polychlorinated
biphenyls, (F) flammable explosives or (G) radioactive materials. TENANT shall furnish a
copy of such report to CITY within ten (10)days of receipt of same.
Section 26. CAPTIONS, CONSTRUCTION
26.01 The captions contained in this Agreement are inserted for convenience only and are not
intended to be part of the Agreement. They shall not affect or be utilized in the construction
or interpretation of the Agreement.The terms and conditions used herein are to be construed
with their common meaning to effectuate the intent of this Agreement. All words used in the
singular form shall extend to and include the plural. All words used in the plural form shall
extend to and include the singular. All words in any gender shall extend to and include all
genders.The parties agree that each party has been represented by counsel or had sufficient
time to consult counsel before the execution of this Agreement contract. Any applicable law
that would require interpretation of claimed ambiguities against the drafting party has no
application and is expressly waived by both parties. If either party raises a claim as to any
conflict, omission, or ambiguity in the provisions of this Agreement, there shall be no
presumption or burden of persuasion that will be implied.
[SIGNATURES ON NEXT PAGE]
Page 16 of 31
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref Dish Wireless Site MIMIA00289A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year
first above written.
CITY
ATTEST CITY OF BOYNTON BEACH
0 I
. 41,II 4,
.A.
gOYNT N
City CIe OF 04, Print Nam • she.14,,
• ORPOR,4T.• ''Title: M�'or
i v ••
SEA F' cDate• 1 1pi \ 1 ►a•QaC
i • RPO
:
Approved as to form: i �INCp RATEp;
1920 ;
AV/776 `.„oRIDP
City Attorney
TENANT
/ DISH WIRELESS L.L.
11L.— ''`� By:
,17rif`� Print Name:
• l Title: Richard Leitao
Da ht
DISHCW jre
Witness
Print:
Rev. 3.7.24
Page 17 of 31
OWNER Site Ref. Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
EXHIBIT A
LEGAL DESCRIPTION OF LAND
The Land is described and/or depicted as follows:
TOWER PARCEL:
THAT PART OF TRACT"A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 19°23'38" WEST FOR 29.93 FEET; THENCE
NORTH 70°39'21" WEST FOR 60.34 FEET; THENCE NORTH 19°58'50" EAST FOR 30.17
FEET; THENCE SOUTH 70°26'05" EAST FOR 60.04 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,809 SQUARE FEET(0.04 ACRES), MORE OR LESS.
Page 18 of'3l
OWNER Site Ref..Hester Park(3)
TENANT Site Ref•Dish Wireless Site MIMIA00289A
EXHIBIT B
LEGAL DESCRIPTION/DEPICTION OF TENANT LEASED PROPERTY:
LEGAL DESCRIPTION OF PROPOSED 5' X 7' DISH WIRELESS
LEASE AREA
ALL THAT CERTAIN LEASE AREA. SITUATED, LYING AND BEING IN SECTION 16, TOWNSHIP
48 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA. BEING A PORTION OF THE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 883 AT PAGE 148 OF THE PALM BEACH
COUNTY RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT AN EXISTING NAIL FOUND IN THE INTERSECTION OF NORTHWEST 19TH
AVENUE AND NORTHWEST 2ND COURT. HAVING FLORIDA STATE PLANE COORDINATES OF
NORTHING = 805.610 76'. AND EASTING � 960.545 48'. THENCE, FROM THE POINT OF
COMMENCEMENT. SOUTH 7017'06- WEST A DISTANCE OF 513 39 FEET TO A POINT ON THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED 5' X T LEASE AREA. SAID POINT BEING
THE TRUE POINT OF BEGINNING. HAVING FLORIDA STATE PLANE COORDINATES OF
NORTHING = 805.437.57'. AND EASTING = 960.062 17'. THENCE, FROM THE POINT OF
BEGINNING. SOUTH 18'37'14' WEST A DISTANCE OF 5 00 FEET TO A POINT; THENCE NORTH
71'22'46" WEST A DISTANCE OF 7.00 FEET TO A POINT; THENCE NORTH 18'37'14" EAST A
DISTANCE OF 500 FEET TO A POINT, THENCE SOUTH 71'22'46- EAST A DISTANCE OF 7.00
FEET TO THE POINT OF BEGINNING
SAID LEASE AREA CONTAINING 35 SQUARE FEET OR 0 0008 ACRES MORE OR LESS
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Pi01[A.KNEEL AND
U',??EA7p[NI ` 13 N781114-( 500'
DETAIL sckc ,--b' L4 37172.46•E 700•
Page 19 of 31
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
EXHIBIT B
LEGAL DESCRIPTION FOR INGRESS, EGRESS, AND UTILITY EASEMENT:
20 FOOT WIDE NON-EXCLUSIVE INGRESS,EGRESS AND UTILITY EASEMENT:
THAT PART OF TRACT"A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30"WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
NORTHEASTERLY CORNER OF AN 30 FOOT X 60 FOOT TOWER PARCEL; THENCE
SOUTH 19°23'38" WEST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR
19.90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 20 FOOT
WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE
SOUTH 66°10'27" EAST FOR 244.00 FEET; THENCE NORTH 68°57'54" EAST FOR 44.16
FEET; THENCE SOUTH 21°08'02" EAST FOR 74.13 FEET; THENCE SOUTH 66°10'27"
EAST FOR 262.06 FEET; THENCE NORTH 84°24'38" EAST FOR 106.00 FEET; THENCE
SOUTH 41°40'03" EAST FOR 51.93 FEET TO POINT "A"; THENCE NORTH 39°42'09"
EAST FOR 24.08 FEET; THENCE NORTH 82°49'18" EAST FOR 287.37 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST
BOULEVARD(80 FOOT WIDE RIGHT-OF-WAY)AND A POINT OF TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT "A"; THENCE
SOUTH 39°42'09"WEST FOR 40.46 FEET TO THE POINT OF CURVATURE OF A CURVE
TO THE LEFT,SAID CURVE HAVING A RADIUS OF 200.00 FEET,A CENTRAL ANGLE
OF 94°21'18", AND A CHORD OF 239.39 FEET THAT BEARS SOUTH 07°28'30" EAST,
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR 329.36 FEET TO A
POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 50.00 FEET,A CENTRAL ANGLE OF 55°56'40",AND A CHORD
OF 46.90 FEET THAT BEARS SOUTH 26°40'50" EAST, THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE FOR 48.82 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 01°17'30" WEST FOR 71.48 FEET TO AN INTERSECTION WITH THE
NORTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE
RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
CONTAINING 31,475 SQUARE FEET(0.72 ACRES),MORE OR LESS.
Page 20 of 31
OWNER Site Ref. Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
EXHIBIT B
DEPICTION FOR INGRESS, EGRESS,AND UTILITY EASEMENT:
J I 1
iii / LOT fl
r N 84/C t8t$� I I
ILK 11
108 78 84K 811
N t/IC tSU `——_ _
� _" T
I PD 84PPui / LOT 73 t1 l LOT 84 LIY 76
luxt 7l 1[Of»1
I
SW 18 ILI It I I I PD 81 PC Ara PI u PC US I
I II
II oNQ ID. S89'19'20t 1 �O 10'——— NW 19TH AVE.
)
I Cy"-- ( )———- __ (80'PUBLIC R/W)
PB 24 PG 223
I BMW PTRADIi G INC. I l
I TOWER v,�ar 08434518010I30020 1 1
' OR 13397 PO 1880--4--/
I
IRT&GAP I I
NO ED.
O! IRr�CAP CITY OPPBOYNL TO BEACH b.-----•-•4
I
NO ED IRE&GAP, 08434518010130010P. 1
Q I NO L0. TRACT A
r ' 7' 1 •
"A PB 24 PC 223 I
PROPOSCO 5'x `
LEASE AREA
�''•�`�. ,
P.!Ai i `\ , ,y
2 / N
—� - - to
I
ENON-ExauSINtX - ? / ‘1.4111
INGRESS.EGRESS AND
UTILITY EASEMENT // o �1
/ 1
1 `\
't- -1 ' \
INTERNATIONAL PENTECOSTAL ••
I CITY MISSION PRAYER CENTER "• N f
OF FLORIDA
I I PARCEL I O11434518010130080 I I 1
I I OR /0423 PC 484
I 4— lI-
r BOYNTON PKWY.
I (80'PUBLIC R/W)
Pe 21 PG 223
�uroJ �R�A40° ).�AP �l (�-----1 (^-_-
^1
I L8353' ILK n*4PCls:$ I I PD84PCuI 1 I n84PCsw 1
I I qvIRr&CAP I I I I
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I I 1 WIRr I I I I I
i �+o 1.0
I I 1 I I
i
11
Page 21 of 31
I
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref.Dish Wireless Site MIMIA00289A
EXHIBIT B
DISH WIRELESS CONSTRUCTION DRAWINGS DATED 05/18/2023
• ,,yS��S1RtcTL &MYSTSOSKiNd0T921AME INFORMA�_SITE
T DIRECTORY dish
4.1r S
4.1.1.14 WINO
0•04•106 sr.mos
SCOPED WONK '.••w 1.:""".". ••• w-�.
wireless_ = _".- US''°°"I= ;
E; = 111=•C,SHN• ESS...E SITE AD .E1" +•=4...
r� m•.., A,•._•••..•OEM r _-_.....=• • n+,^,
MIMIA00289A Tar. Mina MM. _ ,..
0,9.WRfRESS ILC ST1 ACME SS �—•r • •—` :..�... "' ..` tEii����•'4{
•
1901 N SEACREST BOULEVARD _� M" •• 1. N••"" I.
BOYNTON BEACH,FL 33425 �� -- 10,0X AypE,',*I
FLORIDA CADS COMPLIANCE DIRECTORS
••
W
SHEET ROES a 17.•r:-
ma 144.1 •m W Ivinrr MAP ....
.... ----- 1. CCOSTRUCTION
ti c
MOMENTS
•
,
.4 •..+....a MO w.•rrrM
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• .
�� GENERAL NOTES =j° , _--•--, -- •o.' SOm' .o,.I UM
TOLE MUT
Mar ROT MI BE HMI SCALE UNLESS OTNERVASE NOTED -".'-
11101E IOW
} girt 'FM3 dish
`= whir.
I E - to"-
1 1[ •X
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i :.f I ..�� rIr.4 � dii jl.14
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DOCUMENTS
vf' - M.I.
110,100.8 KAM R.91
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fAILIIILL.IIILELIM I.44....,r I i I E I.....I T A-1
Page 22 of 31
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
EXHIBIT B
eiCIILS
'
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,....................../sea ,,
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. ,WC.I..4..?"5"• 4 . wireless.
Or CONN Imo.•ova
unlls•CO INN
--
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Air ' 1110\
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N wwire+7.1/47m
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.,....sf...g,................. ., I . 4_.' . -------..—. Lri,,w;72.,..,1
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•=...=.7=2".:.!......^"=4"...r.=.
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I .....................•...v... i I NO 43,11 ,
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Page 23 of 31
OWNER Site Ref Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
EXHIBIT C
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
DISH WIRELESS L.L.C.
5709 S. Santa Fe Drive
Littleton, CO 80120
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered Into on , 2024, by the
City of Boynton Beach, a municipal corporation,with an address at 100 East Ocean Avenue, Boynton Beach,
Florida 33435 (hereinafter referred to as"Owner"or"Landlord")and Dish Wireless L.L.C., a Colorado limited
liability company, with its principal offices located at 9601 S. Meridian Blvd., Englewood, Colorado 80112
(hereinafter referred to as"Tenant").
1. Owner and Tenant entered into a Collocation Agreement ("Agreement") dated as of
, 2024, effective upon full execution of the parties ("Effective Date") for the
purpose of Tenant installing, operating and maintaining a communications facility and other improvements.
All of the foregoing is set forth in the Agreement.
2. The term of Tenant's tenancy under the Agreement is for five (5) years commencing on the
Commencement Date as defined in the Agreement, and shall automatically renew for four (4) additional
successive five(5)year terms.
3. The Land that is the subject of the Agreement is described in Exhibit "Al" attached hereto.
The portion of the Land being leased to Tenant(the "Premises")is described in Exhibit"B1"attached hereto.
[Signatures appear on the following page.]
Page 24 of 31
OWNER Site Ref. Hester Park(3)
TENANT Site Ref.Dish Wireless Site MIMIA00289A
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first
written above.
LANDLORD:
The City of Boynton Beach, a municipal corporation
By:
EXHIBIT ONLY—DO NOT EXECUTE
Name:
Title:
Date:
CITY NOTARY:
STATE OF
COUNTY OF
On , 2024, before me,
Notary Public, personally appeared (by means of _ physical presence or online notarization)
, Mayor, for the City of Boynton Beach, a municipal corporation, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
Page 25 of'31
OWNER Site Ref. Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
TENANT:
DISH WIRELESS L.L.C.
a Colorado limited liability company
By:
EXHIBIT ONLY—DO NOT EXECUTE
Name:
Title:
Date:
TENANT NOTARY:
STATE OF
COUNTY OF
On , 2024, before me,
Notary Public, personally appeared (by means of _ physical presence or online notarization)
(Name), (Title), for Dish Wireless L.LC.,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name
is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My commission expires:
Page 26 of 31
OWNER Site Ref. Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
MEMORANDUM OF AGREEMENT
EXHIBIT Al
LEGAL DESCRIPTION OF LAND:
TOWER PARCEL:
THAT PART OF TRACT "A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 19°23'38" WEST FOR 29.93 FEET; THENCE
NORTH 70°39'21" WEST FOR 60.34 FEET; THENCE NORTH 19°58'50" EAST FOR 30.17
FEET; THENCE SOUTH 70°26'05" EAST FOR 60.04 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,809 SQUARE FEET(0.04 ACRES),MORE OR LESS.
Page 27 of 31
OWNER Site Ref Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
MEMORANDUM OF AGREEMENT
EXHIBIT B1
LEGAL DESCRIPTION/DEPICTION FOR TENANT LEASE SITE:
LEGAL DESCRIPTION OF PROPOSED 5' X 7' DISH WIRELESS
LEASE AREA
ALL THAT CERTAIN LEASE AREA, SITUATED, LYING AND BEING IN SECTION 16, TOWNSHIP
48 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF THE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 883 AT PAGE 148 OF THE PALM BEACH
COUNTY RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT AN EXISTING NAIL FOUND IN THE INTERSECTION OF NORTHWEST 19TH
AVENUE AND NORTHWEST 2ND COURT, HAVING FLORIDA STATE PLANE COORDINATES OF
NORTHING = 805,610.76', AND EASTING - 960,545.48'; THENCE, FROM THE POINT OF
COMMENCEMENT, SOUTH 70'17'06" WEST A DISTANCE OF 513 39 FEET TO A POINT ON THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED 5' X 7' LEASE AREA, SAID POINT BEING
THE TRUE POINT OF BEGINNING, HAVING FLORIDA STATE PLANE COORDINATES OF
NORTHING = 805,437 57', AND EASTING = 960,062 17', THENCE, FROM THE POINT OF
BEGINNING, SOUTH 18'37'14" WEST A DISTANCE OF 500 FEET TO A POINT; THENCE NORTH
71"22'46' WEST A DISTANCE OF 7 00 FEET TO A POINT; THENCE NORTH 18'37'14' EAST A
DISTANCE OF 5.00 FEET TO A POINT; THENCE SOUTH 71'22'46- EAST A DISTANCE OF 700
FEET TO THE POINT OF BEGINNING
SAID LEASE AREA CONTAINING 35 SQUARE FEET OR 0.0008 ACRES MORE OR LESS.
I I I 1
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019NSS.MESS AND
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DETAIL sc/c ,•-30 94 S7172'461 700'
Page 28 of 31
I
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref Dish Wireless Site MIMIA00289A
LEGAL DESCRIPTION FOR INGRESS, EGRESS AND UTILITY EASEMENT:
20 FOOT WIDE NON-EXCLUSIVE INGRESS,EGRESS AND UTILITY EASEMENT:
THAT PART OF TRACT"A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30"WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
NORTHEASTERLY CORNER OF AN 30 FOOT X 60 FOOT TOWER PARCEL; THENCE
SOUTH 19°23'38" WEST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR
19.90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 20 FOOT
WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE
SOUTH 66°1027" EAST FOR 244.00 FEET; THENCE NORTH 68°57'54" EAST FOR 44.16
FEET; THENCE SOUTH 21°08'02" EAST FOR 74 13 FEET; THENCE SOUTH 66°10'27"
EAST FOR 262.06 FEET; THENCE NORTH 84°24'38" EAST FOR 106.00 FEET; THENCE
SOUTH 41°40'03" EAST FOR 51.93 FEET TO POINT "A"; THENCE NORTH 39°42'09"
EAST FOR 24.08 FEET; THENCE NORTH 82°49'18" EAST FOR 287.37 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST
BOULEVARD(80 FOOT WIDE RIGHT-OF-WAY)AND A POINT OF TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT "A"; THENCE
SOUTH 39°42'09"WEST FOR 40.46 FEET TO THE POINT OF CURVATURE OF A CURVE
TO THE LEFT,SAID CURVE HAVING A RADIUS OF 200.00 FEET,A CENTRAL ANGLE
OF 94°21'18", AND A CHORD OF 239.39 FEET THAT BEARS SOUTH 07°28'30" EAST,
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR 329.36 FEET TO A
POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 50.00 FEET,A CENTRAL ANGLE OF 55°56'40",AND A CHORD
OF 46.90 FEET THAT BEARS SOUTH 26°40'50" EAST, THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE FOR 48.82 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 01°17'30" WEST FOR 71.48 FEET TO AN INTERSECTION WITH THE
NORTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE
RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
CONTAINING 31,475 SQUARE FEET(0.72 ACRES),MORE OR LESS.
Page 29 of 31
OWNER Site Ref•Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
DEPICTION FOR INGRESS, EGRESS AND UTILITY EASEMENT:
I
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Page 30 of 31
I
OWNER Site Ref.:Hester Park(3)
TENANT Site Ref:Dish Wireless Site MIMIA00289A
EXHIBIT D
TENANT EQUIPMENT LISTING
FREQUENCIES ASSIGNED TO TENANT BY THE FCC FOR USE ON THE PROPERTY
Frequencies n29 n66 n70 n71
Downlink(TX) 1722-7281 12155-21601 12180-22001 11995.20201 1637.6521
Uplink(WI) - 11755.17601 11695.17001 1683.6981
Page 31 of 31
w
CFN 20250136090
OR BK 35682 P G 18Q2
RECORDED AT REQUEST OF,AND REGORD.:1'4116:2025 3:15 PM
WHEN RECORDED RETURN TO: MtnBeachhCounty,FIont.
DISH WIRELESS L.L.C. .Toftgh bria2..':',ClY�;
5709 S. Santa Fe Drive Pg.: 1892- 1898;i;7pr=.)
Littleton, CO 80120
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on Y\1 1 I , 202*, by the
City of Boynton Beach, a municipal corporation,with an address at 1 0 East Ocean Avenue, Boynton Beach,
Florida 33435 (hereinafter referred to as"Owner"or"Landlord")and Dish Wireless L.L.C., a Colorado limited
liability company, with its principal offices located at 9601 S. Meridian Blvd., Englewood, Colorado 80112
(hereinafter referred to as"Tenant").
1. Owner and Tenant entered into a Collocation Agreement ("Agreement") dated as of
, 2024, effective upon full execution of the parties ("Effective Date") for the
purpose of Tenant installing, operating and maintaining a communications facility and other improvements.
All of the foregoing is set forth in the Agreement.
2. The term of Tenant's tenancy under the Agreement is for five (5) years commencing on the
Commencement Date as defined in the Agreement, and shall automatically renew for four (4) additional
successive five (5)year terms.
3. The Land that is the subject of the Agreement is described in Exhibit "Al" attached hereto.
The portion of the Land being leased to Tenant (the"Premises")is described in Exhibit"B1"attached hereto.
[Signatures appear on the following page.]
Page 1 of 7
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first
written above.
LANDLORD:
The City of oynton Beach, a municipal corporation
By:
CITY ATTORNEY'S OFFICE
Name: 9.a.bc.cca 51-1ia- Appr)oas to form Aft
By: NOW
Title: SA6-iche-
Date: t k\ 1ST •
I - OYNTON `�
B�‘
0. 0 •o�pORglF•• 1%
CITY NOTARY: i�~;• o SEAL s
!�U::.:1,7,..orRPORATED; �•
STATE OF I (U1920S?�,,� t,, LOR.0P rCOUNTY OF ?-A' r:kL ) =
On y(�\ \ 1� -C , 2024, before rrye 'e-_�-� $L� ,
lietpry_ -Public, p on II appeared (by means of physical p e ence or online notarization)
-e-
VX eetL Mayor, for the City of Boynton Beach, a municipal corporation, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
o•°'�E pE JESUS
WI ' •S • and and official seal. .' PEtY PUBB/C'
1111
i N,WSSION
4
�� ` (SEAL) M`f OD 52.2.20?9
Notary P •li //�� l ... , EXPIRE
Mycommi xpires: o�- �/ '-Ch.. s'T4 F\-OL'..c�V
SOF ��,
'' 'SSdN NUM'','`''',
Page 2 of 7
TENANT:
DISH WIRELESS L.LC.
A Colorado limited liability company
I -
Ifr'
By:
Name: Richard Leitao
Vice President, National Development
Title: DISH Wireless
Date: �a�
TENANT NOTARY:
STATE OF Cf--)1 noCCIAD
COUNTY OFPcQJ2JAGe
On \.ICLtf� � , 2024, before }L�1�5� lk-e-I�
ry Public, efso�npl appeared (by means f physical presence or online notarization)
�� LL!dame), SVv (Title), for Dish Wireless L.L.C.,
personally known to me(or pr•ved to me on the basis of satisfactory evidence)to be the person whose name
is subscribed to the within in- r ment and acknowledged to me that they executed the same in their authorized
capacity, and that by thei sig ature on the instrument, the person, or the entity upon behalf of which the
pe :• .cted, executed t - in•trument.
WITNES► an• a • offi,ial seal.
I
4
�` �., � (SEAL)
Notary "ublic
My co mission expires: pENTSE
`FyLLER
State of Colorado
Notary ID#20004019620
My Commission Expires 08-18-2024
Page 3 of 7
1
MEMORANDUM OF AGREEMENT
EXHIBIT Al
LEGAL DESCRIPTION OF LAND:
TOWER PARCEL:
THAT PART OF TRACT"A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 19°23'38" WEST FOR 29.93 FEET; THENCE
NORTH 70°39'21" WEST FOR 60.34 FEET; THENCE NORTH 19°58'50" EAST FOR 30.17
FEET; THENCE SOUTH 70°26'05" EAST FOR 60.04 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,809 SQUARE FEET(0.04 ACRES),MORE OR LESS.
Page 4 of 7
MEMORANDUM OF AGREEMENT
EXHIBIT B1
LEGAL DESCRIPTION/DEPICTION FOR TENANT LEASE SITE:
LEGAL DESCRIPTION OF PROPOSED 5'X 7' DISH WIRELESS
LEASE AREA
ALL THAT CERTAIN LEASE AREA, SITUATED, LYING AND BEING IN SECTION 16, TOWNSHIP
48 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF THE
LANDS DESCRIBED IN OFFICIAL RECORDS 8001< 883 AT PAGE 148 OF THE PALM BEACH
COUNTY RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING NAIL FOUND IN THE INTERSECTION OF NORTHWEST 19TH
AVENUE AND NORTHWEST 2ND COURT. HAVING FLORIDA STATE PLANE COORDINATES OF
NORTHING = 805.610 76', AND EASTING = 960.545.48'; THENCE, FROM THE POINT OF
COMMENCEMENT. SOUTH 7017'06" WEST A DISTANCE OF 513 39 FEET TO A POINT ON THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED 5' X 7' LEASE AREA. SAID POINT BEING
THE TRUE POINT OF BEGINNING, HAVING FLORIDA STATE PLANE COORDINATES OF
NORTHING = 805,437.57', AND EASTING = 960.062 17'; THENCE. FROM THE POINT OF
BEGINNING, SOUTH 18'37'14" WEST A DISTANCE OF 5 00 FEET TO A POINT. THENCE NORTH
71'22'46" WEST A DISTANCE OF 7.00 FEET TO A POINT; THENCE NORTH 18'37'14" EAST A
DISTANCE OF 5.00 FEET TO A POINT; THENCE SOUTH 71'22'46" EAST A DISTANCE OF 7 00
FEET TO THE POINT OF BEGINNING
SAID LEASE AREA CONTAINING 35 SQUARE FEET OR 00008 ACRES MORE OR LESS.
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Page 5 of 7
LEGAL DESCRIPTION FOR INGRESS, EGRESS AND UTILITY EASEMENT:
20 FOOT WIDE NON-EXCLUSIVE INGRESS,EGRESS AND UTILITY EASEMENT:
THAT PART OF TRACT"A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30"WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
NORTHEASTERLY CORNER OF AN 30 FOOT X 60 FOOT TOWER PARCEL; THENCE
SOUTH 19°23'38" WEST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR
19.90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 20 FOOT
WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE
SOUTH 66°10'27" EAST FOR 244.00 FEET; THENCE NORTH 68°57'54" EAST FOR 44.16
FEET; THENCE SOUTH 21°08'02" EAST FOR 74.13 FEET; THENCE SOUTH 66°10'27"
EAST FOR 262.06 FEET; THENCE NORTH 84°24'38" EAST FOR 106.00 FEET; THENCE
SOUTH 41°40'03" EAST FOR 51.93 FEET TO POINT "A"; THENCE NORTH 39°42'09"
EAST FOR 24.08 FEET; THENCE NORTH 82°49'18" EAST FOR 287.37 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST
BOULEVARD(80 FOOT WIDE RIGHT-OF-WAY)AND A POINT OF TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT "A"; THENCE
SOUTH 39°42'09"WEST FOR 40.46 FEET TO THE POINT OF CURVATURE OF A CURVE
TO THE LEFT,SAID CURVE HAVING A RADIUS OF 200.00 FEET,A CENTRAL ANGLE
OF 94°21'18", AND A CHORD OF 239.39 FEET THAT BEARS SOUTH 07°28'30" EAST,
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR 329.36 FEET TO A
POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 55°56'40",AND A CHORD
OF 46.90 FEET THAT BEARS SOUTH 26°40'50" EAST, THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE FOR 48.82 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 01°17'30" WEST FOR 71.48 FEET TO AN INTERSECTION WITH THE
NORTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE
RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
CONTAINING 31,475 SQUARE FEET(0.72 ACRES),MORE OR LESS.
Page 6 of 7
4
DEPICTION FOR INGRESS, EGRESS AND UTILITY EASEMENT:
ul1 I l P4 14 PC KU
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Page 7 of 7