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R25-253 RESOLUTION NO. R25-253 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A JOINT USE LEASE AGREEMENT 3 BETWEEN THE CITY AND NEW CINGULAR WIRELESS PCS, LLC FOR USE 4 OF PROPERTY TO INSTALL PERSONAL WIRELESS SERVICES FACILITIES 5 TO REPLACE THE EXISTING 320-FOOT PUBLIC SAFETY CELL TOWER AT 6 515 NW 14TH COURT WITH A NEW 325-FOOT PUBLIC SAFETY CELL 7 TOWER, AND APPROVING A MEMORANDUM OF AGREEMENT 8 BETWEEN THE CITY AND NEW CINGULAR WIRELESS PCS, LLC; AND 9 FOR ALL OTHER PURPOSES. 10 11 WHEREAS, the City desires to replace an existing 320-foot-tall lattice public safety cell 12 tower at 515 NW 14th Court with a new 325-foot-tall lattice public safety cell tower and the 13 associated new 50-year lease agreement with AT&T, inclusive of three additional 10-year 14 extension options for a potential maximum of 80 years. This project represents a vital, long-term 15 investment poised to significantly enhance the City's emergency communication capabilities, 16 ensuring robust and reliable service for our first responders and the entire community. Key 17 benefits include the new tower's integration with AT&T's FirstNet network for prioritized 18 emergency communications, expanded coverage due to its height, critical colocation 19 opportunities for various public safety agencies (FBI, Palm Beach County, and City of Boynton 20 Beach departments), and a favorable financial arrangement including a 50% construction cost- 21 share with AT&T and an annual rental fee of $1,200.00 and AT&T fully financially responsible for 22 all future maintenance of the tower; and 23 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 Joint Use Lease Agreement between 25 the City and New Cingular Wireless PCS, LLC for Use of Property to Install Personal Wireless 26 Services Facilities to replace the existing 320-foot public safety cell tower at 515 NW 14th Court 27 with a new 325-foot public safety cell tower, and approve a Memorandum of Agreement between 28 the City and New Cingular Wireless PCS, LLC. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 31 BEACH, FLORIDA, THAT: 32 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as RESOLUTION NO. R25-253 33 being true and correct and are hereby made a specific part of this Resolution upon adoption. 34 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 35 approve a Joint Use Lease Agreement between the City and New Cingular Wireless PCS, LLC for 36 Use of Property to Install Personal Wireless Services Facilities to replace the existing 320-foot 37 public safety cell tower at 515 NW 14th Court with a new 325-foot public safety cell tower (the 38 "Agreement"), in form and substance similar to that attached as Exhibit A. 39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 40 approve a Memorandum of Agreement between the City and New Cingular Wireless PCS, LLC (the 41 "MOA"), in form and substance similar to that attached as Exhibit B. 42 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 43 authorizes the Mayor to execute the Agreement and the MOA. The Mayor is further authorized 44 to execute any ancillary documents required under the Agreement or necessary to accomplish the 45 purposes of the Agreement, including any term extensions as provided in the Agreement, 46 provided such documents do not modify the financial terms or material terms. 47 SECTION 5. One original fully executed Agreement shall be retained as a public record 48 of the City by the City Clerk. The other original fully executed Agreement shall be provided to Gail 49 to provide to New Cingular Wireless PCS, LLC. 50 SECTION 6. One original fully executed MOA shall be provided to Gail to provide to 51 New Cingular Wireless PCS, LLC. The City Clerk shall record the other fully executed MOA in the 52 Public Records of Palm Beach County. The City Clerk shall provide a copy of the recorded MOA 53 to Gail to provide to New Cingular Wireless PCS, LLC. 54 SECTION 7. This Resolution shall take effect in accordance with the law. 55 56 [SIGNATURES ON THE FOLLOWING PAGE] 57 RESOLUTIONNO. R25-253 58 PASSED AND ADOPTED this day of rflbef 2025. 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES- NO 61 Mayor— Rebecca Shelton 62 63 Vice Mayor—Woodrow L. Hay 64 65 Commissioner—Angela Cruz 66 t/- 67 67 Commissioner—Thomas Turkin _ 68 ✓ 69 Commissioner—Aimee Kelley 70 71 VOTE `D 72 A • 7. II DV EX) -- _g 75 Maylee Ite J us, MPA, M Rebecca Shelton 76 City Cler Mayor 77 zz_ 78 f 6c.. ... 04,E 1 APPROVED AS TO FORM: 79 (Corporate Seal) ;,„�:''�°RPOR4te.6' 4 80 , ` . SEAL :•m �6� 81 i : INCORppRArED: 82 C41920 Shawna G. Lamb 83 1It� pP r'..... . � City Attorney `� WRID " • CFN 20250349938 OR BK 36039 PG 511 • RECORDED 1011'2025 3:22 PM OWNER Site Ref.:LERGO1 Palm Beach County,Florida TENANT Site Ref: 10070002/I WP05(RELO) Pgs:511 -555:(45pgs) JOINT USE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND NEW CINGULAR WIRELESS PCS, LLC FOR USE OF PROPERTY TO INSTALL PERSONAL WIRELESS SERVICES FACILITIES THIS JOINT USE LEASE AGREEMENT (the"Agreement"), made and entered into this'o day of 3f*riierf , 2025(the"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 NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company 1025 Lenox Park Blvd NE, 3'd Floor Atlanta, GA 30319 (Hereinafter referred to as"TENANT") WHEREAS,CITY is the owner of certain real property located at 515 NW 14th Court,commonly known as Rolling Green 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 CITY owns a telecommunications tower("Existing Tower") located thereupon; and WHEREAS, CITY and TENANT are parties to a Tower Site Lease and Joint Use Agreement dated November 18, 1986, as amended by First Amendment to Joint Use Lease Agreement dated June 21, 1988, a Second Amendment dated June 20, 1989,a Third Amendment dated August 22, 1989,a Fourth Amendment dated in and around the month of December of 1998, a Fifth Amendment dated February 23, 1999, a Sixth Amendment dated June 6, 2001, a Seventh Amendment dated May 21, 2002, an Eighth Amendment dated January 13, 2004, a Ninth Amendment dated November 16, 2004, a Tenth Amendment dated May 16, 2006, an Eleventh Amendment dated July 16, 2013, a Twelfth Amendment dated July 11, 2017, and a Thirteenth Amendment dated October 8,2019(hereinafter,collectively the"Existing Agreement"),concerning the leasing and usage of the Property as defined below; and WHEREAS, this Agreement will amend and restate in its entirety the Existing Agreement, and upon execution of this Agreement,the Existing Agreement will no longer be in effect; and WHEREAS, CITY hereby agrees in accordance with the terms of this Agreement to lease to TENANT a portion of the Land (hereinafter referred to as the "Property" and detailed more particularly in Section 1.02 below and Exhibit"B,"attached hereto); and WHEREAS, CITY and TENANT agree that TENANT will remove the Existing Tower from the Land and dispose of same, and TENANT will construct a new three hundred twenty-five (325) foot lattice self- supporting communications tower (the "Tower") on the Land subject to the terms and conditions of this Agreement and any additional terms and conditions set forth in Exhibit"E." • NOW THEREFORE, IN CONSIDERATION OF the foregoing and other consideration,the receipt and • sufficiency of which are hereby acknowledged, CITY and TENANT agree as follows:• Page 1 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) JOINT USE LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND NEW CINGULAR WIRELESS PCS, LLC FOR USE OF PROPERTY TO INSTALL PERSONAL WIRELESS SERVICES FACILITIES THIS JOINT USE LEASE AGREEMENT (the "Agreement"), made and entered into this I� day of ''p en4 f , 2025 (the "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 NEW CINGULAR WIRELESS PCS, LLC A Delaware limited liability company 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 (Hereinafter referred to as "TENANT") WHEREAS, CITY is the owner of certain real property located at 515 NW 14th Court,commonly known as Rolling Green 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 CITY owns a telecommunications tower("Existing Tower") located thereupon; and WHEREAS, CITY and TENANT are parties to a Tower Site Lease and Joint Use Agreement dated November 18, 1986, as amended by First Amendment to Joint Use Lease Agreement dated June 21, 1988, a Second Amendment dated June 20, 1989, a Third Amendment dated August 22, 1989,a Fourth Amendment dated in and around the month of December of 1998, a Fifth Amendment dated February 23, 1999, a Sixth Amendment dated June 6, 2001, a Seventh Amendment dated May 21, 2002, an Eighth Amendment dated January 13, 2004, a Ninth Amendment dated November 16, 2004, a Tenth Amendment dated May 16, 2006, an Eleventh Amendment dated July 16, 2013, a Twelfth Amendment dated July 11, 2017, and a Thirteenth Amendment dated October 8,2019(hereinafter,collectively the"Existing Agreement"), concerning the leasing and usage of the Property as defined below; and WHEREAS, this Agreement will amend and restate in its entirety the Existing Agreement, and upon execution of this Agreement, the Existing Agreement will no longer be in effect; and WHEREAS, CITY hereby agrees in accordance with the terms of this Agreement to lease to TENANT a portion of the Land (hereinafter referred to as the "Property" and detailed more particularly in Section 1.02 below and Exhibit"B," attached hereto); and WHEREAS, CITY and TENANT agree that TENANT will remove the Existing Tower from the Land and dispose of same, and TENANT will construct a new three hundred twenty-five (325) foot lattice self- supporting communications tower (the "Tower") on the Land subject to the terms and conditions of this Agreement and any additional terms and conditions set forth in Exhibit "E." NOW THEREFORE, IN CONSIDERATION OF the foregoing and other consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and TENANT agree as follows: Page 1 of 36 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002 II WP05(RELO) Section 1. PROPERTY TO BE LEASED 1.01 CITY hereby leases to TENANT a portion of the Land and certain aerial space on the Tower consisting of twelve (12) contiguous vertical feet of space with a center line at one-hundred fifty feet (150 ft.) above ground level ("AGL") (collectively "Tower Space"), 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, together with any further rights of way over and through the Land to the Property, the Tower and the Tower Space for the installation, operation, and maintenance of Tower and its foundation (collectively the "Tower Facility"), utility wires, poles,cables,conduits,and pipes (hereinafter collectively referred to as the"Non- Exclusive Easements"). All interests set forth in this paragraph are legally described and graphically depicted in Exhibit"B," attached hereto and incorporated herein. 1.02 The Tower Space and Non-Exclusive Easements are collectively referred to as the"Property" unless a particular context dictates otherwise. Section 2. DUTIES AND RESPONSIBILITIES OF TENANT 2.01 TENANT shall use the Property for the purpose of constructing, maintaining, and operating a communications facility and uses incidental thereto, consisting of the Tower, together with radio frequency antennas, equipment shelters (cabinets) and related equipment, cables, accessories, and improvements as necessary now or in the future, to the successful and secure use of its telecommunications equipment to meet TENANT's telecommunications needs and all necessary connecting appurtenances(sometimes collectively referred to herein as "TENANT's System" exclusive of the Tower). The current TENANT's System is shown on the site plan attached hereto as Exhibit "B." TENANT shall have the right to make modifications to replace, repair, or otherwise upgrade the TENANT's System and appurtenances on the Tower or its ground-based equipment with prior written approval from the CITY, which shall not be unreasonably withheld, conditioned upon Rent increases, or delayed. 2.02 As partial consideration for this Agreement, TENANT shall construct the Tower and Tower Foundation to ensure the Tower has the capacity to provide structural capacity for TENANT's System as provided herein as well as provide capacity for the CITY, FBI, and Palm Beach County's ("Existing Tower Users"), public safety telecommunications equipment utilizing the equipment listing and heights on the Tower detailed in Exhibit"F." If TENANT desires to install additional equipment not contemplated by the site plan attached hereto as Exhibit "B," then TENANT must obtain the CITY's prior consent (which shall not be unreasonably withheld, delayed, or conditioned so long as the additional equipment will be installed within the boundaries of the Tower Space). TENANT shall pay 100% of the cost of the Tower Facility construction, including all materials and labor, through issuance of a certificate of completion from the City of Boynton Beach. CITY shall reimburse TENANT for 50% of all construction costs up to a maximum amount not to exceed $470,000.00 through the certificate of completion date plus the sum of $14,225.00 (Made in USA Hardware package) within thirty (30) days of receipt from TENANT of an itemized invoice detailing all material and labor costs and a contractor's affidavit and release of lien for all vendors associated with the Tower Facility construction. CITY shall not be responsible for reimbursement of any of the costs set Page 2 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) forth in Section 2.09. In consideration of TENANT's 50% construction obligation, TENANT shall remit reduced rental payments to the CITY. 2.03 TENANT shall be responsible for removal and proper disposal of the Existing Tower, including any restoration of the ground where the Existing Tower is located, not later than one hundred twenty (120) days following issuance of the certificate of completion for the Tower. TENANT will commence construction of the Tower prior to removal of the Existing Tower upon TENANT's receipt of all applicable governmental approvals necessary for the construction of the Tower and TENANT's System and the satisfaction of all other conditions under this Section 2. 2.04 TENANT acknowledges that the Existing Tower Users currently have public safety communications equipment installed on the Existing Tower, and the equipment will not be able to be interrupted, shut down,and/or removed from the Existing Tower until the new Tower Facility is constructed. Once the public safety equipment is operational on the Tower, TENANT may remove the Existing Tower. The Existing Tower Users shall each be responsible for moving their equipment from the Existing Tower to the new Tower Facility once completed. 2.05 At all times during and after completion of construction, the Tower Facility and all appurtenances thereto, including but not limited to the foundation, grounding system, and other appurtenances, , but excepting Tenant's System as described in Exhibit D,shall become and remain the property of the CITY. 2.06 The Tower Facility shall be maintained at the sole expense of TENANT and at its sole risk for the duration of this Agreement, in compliance with all applicable federal, state, and local laws, rules, regulations, and codes, including any FAA and/or FCC regulations relating to tower marking and lighting as applicable. TENANT shall pay for any and all damage to persons as well as to property that may in any manner be caused by the maintenance of the Tower Facility, and shall save City harmless from any loss or damage by reason of the maintenance or failure to properly maintain the Tower Facility. 2.07 Maintenance of Tower Facility will not include (unless otherwise contracted) Existing Tower User's antennas, dishes, cables, modifications, or appurtenances. In preparing the Tower site,TENANT shall provide for the location and construction of CITY's grounding facilities and building and off-site preparation to include a building foundation, generator pad, fencing of the tower site, as well as power and phone connections to a point where separate metering can be used. 2.08 TENANT will be required to perform a structural inspection of the Tower Facility at least every three (3) years and within 90 days following a declared category 3 or above hurricane present over Palm Beach County for more than 24 hours and provide such inspection report to CITY within one (1)week of TENANT's receipt of the report. TENANT shall remediate or repair any matters listed on such report within one hundred twenty (120) days of the report date and provide confirmation to CITY of such repairs. 2.09 TENANT shall be responsible for soil borings and similar tests that may be required as a condition of construction and for all expenses related to its improvements that may thereafter be constructed upon Property. CITY grants TENANT the right to use adjoining and adjacent property owned by CITY as is reasonably required during construction and installation of the Tower and TENANT's improvements, provided, however, that TENANT shall be responsible Page 3 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002 II WP05(RELO) for restoring the Property and any adjoining or adjacent area used during construction to its original or better physical condition relative to elevation, materials, and appearance upon completion of the contemplated demolition and construction of the Tower and related improvements. 2.10 TENANT shall maintain the Property in a safe and workmanlike condition and meet all applicable requirements imposed by all applicable laws and 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. 2.11 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 2.12 of this Agreement, and (iii) TENANT is licensed or otherwise permitted by the FCC to use such frequencies. 2.12 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 Tower Facility or on the Tower, including the Existing Tower Users, and (ii) any equipment of the CITY presently located at the Tower Facility 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 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. In the event interference caused by TENANT's System occurs TENANT agrees to take all action necessary to eliminate such interference within 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 comply with all Federal Communications Commission ("FCC") federal, state, and local requirements. After the installation of the TENANT's System, 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 such 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. 2.13 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 the 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 Page 4 of 36 OWNER Site Ref.: LERG01 TENANT Site Ref: 10070002//WP05(RELO) on the Property, the installation shall comply with Palm Beach County's Wellfield Protection Ordinance and any other applicable laws or regulations. 2.14 TENANT shall submit all required applications and fees for permits to construct the new Tower Facility to the applicable CITY and/or County departments for review and approval. 2.15 Within ninety (90) days after the expiration or earlier termination of this Agreement, TENANT shall remove any and all above-ground TENANT personal property and fixtures and restore the Property to its original condition, reasonable wear and tear, and acts beyond TENANT's control excepted. Notwithstanding the foregoing, TENANT will not be responsible for removing any structural steel, foundations, or underground utilities from the Property or the Land. At CITY's option, when this Agreement is terminated and upon CITY's advance written notice to TENANT, TENANT will leave agreed-upon security fences installed at the Property. If the parties agree to leave TENANT's 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 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 sixty (60) 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 in accordance with the provisions of Florida Statutes §715.10 et seq. 2.16 TENANT shall keep the Property free from any liens arising from any work performed, materials furnished, or obligations incurred by or for TENANT. TENANT shall, within sixty (60) 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 that CITY permits TENANT to perform on the Property shall be deemed 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), §713.01(26), and §713.10, Florida Statutes. 2.17 CITY hereby grants TENANT, as a primary inducement to the TENANT's entering into this Agreement, the first priority right to install its antennas and operate its wireless communications facility at the Tower Facility. CITY reserves the right to enter into third-party agreements for commercial, non-governmental user access and user space at the Tower Facility so long as the criteria established in Section 2.12 of this Agreement have been met or exceeded and provided the Tower design specifications are not adversely affected. The Tower shall at all times have sufficient structural loading capacity to support TENANT's installation of equipment within the Tower Space with up to thirty thousand square inches (30,000 sq. in.) of Wind Load Surface Area in the aggregate. "Wind Load Surface Area" means the Flat Plate Equivalent Area, as defined in ANSI TIA standards, of any appurtenance (excluding all mounts, platforms, cables, and other non-operating equipment) at ninety Page 5 of 36 OWNER Site Ref.: LERG01 TENANT Site Ref: 10070002 II WP05(RELO) degrees (90°) perpendicular to wind direction, possessing the characteristics of flat material, with associated drag factors. All gross revenues from commercial non-governmental tenants will be shared on a 50/50 basis between the CITY and TENANT. 2.18 TENANT acknowledges and agrees that the TENANT'S equipment installation will be taking place alongside the CITY's existing public safety communications equipment on the Tower, and TENANT shall cooperate with the CITY in the coordination of TENANT'S installation. 2.19 TENANT shall place a security fence around the Tower Facility and Property that meets the approval and requirements of the CITY, which shall be maintained by TENANT at the TENANT's sole expense. 2.20 Signage: TENANT shall permanently mark all ground equipment with Tenant's name, site number, emergency contact number, and any other pertinent information. 2.21 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 or any future revision thereto. 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 or any future revisions thereto. 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 grants TENANT the right to survey the Property in order to meet the 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. CITY shall be solely liable for all electricity expenses relating to the installation and operation of its equipment. CITY's electrical service shall be separately metered, and CITY shall be responsible for all costs associated with metering, including the cost of installing any meter. 3.04 CITY shall pay all taxes of any kind assessed against the Land,except as otherwise described in Section 6.03. Section 4. ACKNOWLEDGEMENT 4.01 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 to the best of its knowledge, neither CITY nor 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 Page 6 of 36 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002 II WP05(RELO) 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, or 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. 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 the use of diesel upon the Property. TENANT shall be solely responsible for all costs CITY, as a property owner, may incur to mitigate or remediate a release of diesel resulting from TENANT's use of diesel under this limited exception. This paragraph shall survive the expiration or termination of the Agreement. 4.02 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 and that if the Land is or becomes encumbered by a deed to secure a debt, mortgage, or other security interest, then CITY will endeavor to provide promptly to TENANT a mutually agreeable subordination, non- disturbance, and attornment agreement executed by CITY and the holder of such security interest. 4.03 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 for a period of thirty (30)years, commencing upon the first day of the month immediately following the Effective Date of this Agreement (the "Commencement Date") and terminating on the day immediately preceding the thirtieth (30'h)anniversary of the Commencement Date(the"Initial Term") unless otherwise terminated pursuant to the terms of this Agreement. The Term may be renewed as provided in Section 5.02 below for ten (10) successive five (5) year periods (each a "Renewal Term" and collectively 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: Each Renewal Term shall automatically occur unless either party gives written notice 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 Page 7of36 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002 II WP05(RELO) terms thereafter on the same financial terms, including annual increases as applicable 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. Section 6. CONSIDERATION 6.01 Rent: Tenant shall pay City an annual rental fee payment of One Thousand Two Hundred Dollars ($1,200.00) ("Rent") on September 30, 2025 and each year thereafter on the Anniversary Date (as defined in Section 6.02 below) and as set forth by the rent schedule attached hereto as Exhibit "G". 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 after the Commencement Date and sent to the address set forth in Section 6.02 below. 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. 6.02 The Anniversary Date for this Agreement is September 30th of each calendar year. Except for the initial Rent payment, all Rent payments shall be submitted annually to the CITY no later than twenty (20) calendar days after the Anniversary Date and sent to the 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, as may be amended, 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 (30th) day after the payment becomes due.The rates in this section shall automatically be adjusted if the City's Code of Ordinances is amended during the Term of this Agreement. 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 System, utility charges, cost of maintenance, and all other charges and expenses associated with the TENANT's use of the Property and the Tower. In the event CITY receives a notice of assessment with respect to which taxes or assessments are imposed on TENANT's System, CITY shall provide TENANT with copies of each such notice immediately upon receipt, but in no event later than thirty(30) days after the date of such notice of assessment. For any tax amount for which TENANT is responsible under this Agreement, TENANT shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate, or other proceedings as may be appropriate in the jurisdiction and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. 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 Page 8 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002 II WP05(RELO) 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 Either party may terminate this Agreement at the end of the Initial Term, or any Renewal Term of this Agreement by providing written notice to the other party, 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. 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 Rent paid prior to the termination date shall be retained by the CITY. 7.05 Upon termination, TENANT shall offer CITY first option to purchase certain remaining improvements, including, but not limited to, fencing and landscaping, located on the Property for the agreed upon sum of One Hundred and XX/100 Dollars ($100.00). The parties acknowledge that TENANT's System is not intended to remain upon termination. CITY shall have sixty (60) calendar days after the effective date of termination to exercise this option. Notwithstanding the foregoing, CITY does not have the right to purchase any of TENANT's System. 7.06 TENANT shall have a reasonable time, not to exceed thirty (30) 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. Page 9of36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) 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 that 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, except to the extent attributable to the negligent or intentional act or omission of CITY, its employees, invitees, agents, or independent contractors. 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 that TENANT is required to obtain under this Agreement. This section shall survive the expiration or termination of this Agreement. 8.02 The CITY: (i) shall promptly provide TENANT with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 8 and provide the TENANT with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the TENANT; and (iii) shall fully cooperate with TENANT in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the TENANT of its indemnity obligation, except (1) to the extent the TENANT can show it was prejudiced by the delay; and (2) the TENANT shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. 8.03 Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, TENANT and CITY each waives any claims that each may have against the other with respect to lost profits, consequential, incidental or special damages, however caused, based on any theory of liability. Section 9. INSURANCE 9.01 TENANT shall carry and maintain, at its own expense and keep in effect during the 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 limits of liability with no restrictive endorsements: $1,000,000.00 Combined Single Limit, per occurrence, Bodily Injury & Property Damage. (3) Commercial General Liability(occurrence form)with the following limits of liability with no restrictive endorsements: $1,000,000.00 Combined Single Limit, per occurrence, Bodily Page 10 of 36 OWNER Site Ref.:LERG01 TENANT Site Ref: 10070002//WP05(RELO) Injury& Property Damage and $2,000,000.00 in the aggregate. 9.02 Coverage shall specifically include the following with limits of 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) Contractual Coverage 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 INCLUDED AN ADDITIONAL INSURED, BY ENDORSEMENT WITH RESPECT TO THE REQUIRED 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 All of the policies of insurance so required to be carried and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, or renewal refused until at least thirty (30) calendar days written notice has been given to the CITY by certified mail. 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, but such a change can only be made once per Term and with 60 days advanced written notice. 9.06 The required insurance coverage shall be issued by an insurance company eligible 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 endeavor to 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. Page 11 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) 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 included as an additional 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. 9.13 CITY shall carry and maintain, at its own expense, and keep in effect during the Term of this Agreement, a policy or policies of casualty insurance, insuring the full replacement value of the Tower Facility. CITY will provide notice to TENANT of any casualty or other harm affecting the Tower Facility within twenty-four (24) hours of the casualty or other harm. CITY agrees to permit TENANT to place temporary transmission and reception facilities on the Land until the reconstruction of the Tower Facility and/or the TENANT's System is completed. CITY will promptly rebuild or restore the Tower Facility to substantially the same condition as existed before the casualty or other harm. CITY agrees that the Rent shall be abated until the Land and/or the Property are rebuilt or restored, unless TENANT places temporary transmission and reception facilities on the Land. 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 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. Page 12 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) 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 that 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. 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 effect. Section 14. ENTIRE AGREEMENT 14.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof, superseding the Existing Agreement and all prior communications and agreements 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 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 a conflict between this Agreement and the terms and conditions set forth in any request for proposal issued, the terms of this Agreement shall control. Page 13 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002 II WP05(RELO) 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, hand- delivery, overnight courier, or email to the persons/addresses as shown below. Each such notice shall be deemed delivered on the date delivered if by hand-delivery or overnight courier; 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 the case may be, if mailed; and on the date of transmission with confirmed answer back if by email. As to CITY: City Manager With copy to: City of Boynton Beach Real Estate Manager 100 East Ocean Avenue City of Boynton Beach Boynton Beach, FL 33435 100 East Ocean Avenue Boynton Beach, FL 33435 celltoweradmin @ BBFL.US City's Tower Manager: CityScape Consultants, Inc. 2423 S Orange Ave, #317 Orlando, FL 32806 Leasing@CityScapeGov.com AS TO TENANT: New Cingular Wireless PCS, LLC With a copy to: Attn: Tower Asset Group— Lease Administration New Cingular Wireless PCS, LLC RE: Cell Site #: SIFLO14692 Attn: Legal Dept— Network Operations Cell Site Name: WP05 (FL) RE: Cell Site #: SIFL014692 Cell Site Fixed Asset#: FA 10070002 Name: WP05 (FL) 1025 Lenox Park Blvd NE, 3rd Floor Fixed Asset#: FA 10070002 Atlanta, GA 30319 208 S. Akard Street Dallas, TX 75202-4206 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 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 subject to the right of the TENANT in and to such right-of-way. 17.02 Attorney's Fees.The prevailing party shall be entitled to an award of all reasonable attorney's fees, interest, and court costs incurred by the prevailing party against the losing party including reasonable appellate attorney's fees, interest, and taxable costs. In the event that the CITY is required to file legal action against TENANT to collect any amounts due,the CITY shall be entitled to its costs of collection, attorney's fees, costs, and interest at the maximum rate allowable by law. 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 Page 14 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002 II WP05(RELO) 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 1-800- 638-2822 (option 9 and then option 1) as soon as practicable under the circumstances, but no later than 24 hours after taking such action. 17.05 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. 17.06 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. 17.07 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. 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 Page 15 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) 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 that require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 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, Page 16 of 36 OWNER Site Ref.: LERG01 TENANT Site Ref: 10070002 II WP05(RELO) 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. 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. Page 17 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) 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. Section 27. ADDITIONAL TERMS 27.01 Upon completion of construction of the new Tower Facility in accordance with plans and specifications approved by the CITY pursuant to CITY's standard permitting process and receipt of all final approvals and certificates by any federal, state, or local governmental entity, TENANT shall: (i) Provide written notice to CITY of such completion. (ii) TENANT represents and warrants that all work will be done in a workmanlike manner in accordance with all federal, state, county, and local codes, rules, and regulations. (iii) TENANT will maintain the Tower in compliance with all applicable federal, state, and local laws, rules, regulations, and codes, including any FAA and/or FCC regulations relating to tower marking and lighting. (iv) TENANT shall convey ownership of the Tower and Tower foundation by bill of sale to CITY "as is," subject to the approved tower design in Exhibit "E", and without any warranty or representation regarding the suitability of the Tower for any particular purpose of use, and shall assign any manufacturer's warranty of the Tower to the CITY. [SIGNATURES ON NEXT PAGE] Page 18 of 36 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002//WP05(RELO) 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 City Cle k v / Print Namii sbe.tto.% Title: Mayor Date: Approved as to form: jatd44' Alej, City Attorney of BOYNr000 4,\ TENANT or .GpRP0R4!.. 1 SEAL I New Cingular Wireless PCS, LLC S SEAL ;_• a Delaware limited liability company IINCORpoRATED: i 1920 •: ; By: AT&T Mobility Corporation ••.........••- Its: Manager By: Wi esrl / Print Name: Steven Berghane Print / • cCd'IL Title: Associate Director, Network Design Eng Date: SI23I25 ca0109 e(j PrintrnCt(i Q tQU(), 1 - Rev. 1.10.25 Page 19 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) EXHIBIT A LEGAL DESCRIPTION OF LAND The Land is described and/or depicted as follows: Tract "B" Rolling Green Ridge Second Addition, a subdivision in Palm Beach County, Florida, according to plat thereof recorded in Plat Book 26, Page 214, Public Records of Palm Beach County, Florida Page 20 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) EXHIBIT B LEGAL DESCRIPTION AND DEPICTION OF TENANT LEASED PROPERTY The Legal Description and Depiction of Tenant's Leased Property: AT&T LEASE AREA: (PREPARED BY GEOUNE SURVEYING, INC.) THAT PART OF TRACT "B", ROLLING GREEN RIDGE SECOND ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL (NO IDENTIFICATION) AT THE POP1T OF INTERSECTION OF THE CENTERLINE OF NW 15TH AVENUE (50 FOOT WIDE RIGHT—OF—WAY) WITH THE CENTERLINE OF NW 4Th STREET (50 FOOT WIDE RIGHT—OF—WAY) AS PER PLAT OF ROLLING GREEN RIDGE SECOND ADDITION, RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 0014'32" EAST ALONG THE CENTERUNE OF NW 4TH rrceeu FOR 271.94 FEET; THENCE SOUTH 89'45'28" WEST FOR 406.18 FEET TO THE NORTHEAST CORNER POST OF A FENCED TOWER COMPOUND; THENCE WESTERLY ALONG THE NORTHERLY FENCEUNE OF SAID FENCED TOWER COMPOUND FOR THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) NORTH 88'55'41" WEST FOR 42.25 FEET; (2) SOUTH 88'08'23" WEST FOR 4.87 FEET; THENCE SOUTH 01'51'37" EAST FOR 15.50 FEET AND THE POINT OF BEGINNING; THENCE SOUTH 01'04'06" WEST FOR 38.00 FEET; THENCE NORTH 88'55'54" WEST FOR 12.50 FEET; THENCE NORTH 01'04'06" EAST FOR 38.00 FEET; THENCE SOUTH 88'55'54" EAST FOR 12.50 FEET TO SAID POINT OF BEGINNING. CONTAINING 475 SQUARE FEET (0.01 ACRES), MORE OR LESS. Page 21 of 36 OWNER Site Ref.: LERG01 TENANT Site Ref: 10070002 II WP05(RELO) LEGAL DESCRIPTION/DEPICTION FOR INGRESS, EGRESS AND UTILITY EASEMENT: BOUNDARY AND N • •. LOT 1. �.„ TOPOGRAPHIC SURVEY i1 /R LOT 0 INC(KEEN RIDGE _ I w SECOND Ao01na PUT BOOK 26,PAGE 214 •0 p s 0 4400A 0rc0 40 40.0 uT It LOT IT BLOCK 44 to,IS LOT.r LOT 10 /N y) 1i� .0T 111 11.101,11,117.9m1:I'-r / I I LOT 1* ' Ndi1NMESf 137N A-014E Mg a - M ComN,xa) �--— — b R tiac�oLo-r. - --- - - — - / 42•410 ono.N0 at r _ ( (-- .son wt., I .rp) ,OTO1 ...n / LOT n I4 io.: LOT 1 u11 e « I AlE .w WO iva�D / 1 iii >? � J I/ - — ''''''''""- 1 wo wT)i _ _ �fnon.r AOrP).rr / e.0 /b A a IDT. F ,..•3.• b mnaa j .0.40(.1 mmyarm a u b Jr >,1 - Y 8 /7- i\ LOT, i b 41 o•N RXt i s� =3 t1ii1i Ilgi in \ ,\9TE DETAA OH SHEET _ R — _ ggl� ' -- SMS LOT. iiW h_ Mir Mira TOMER - 4 3 r CENTER D 0 I (PLAT R0%N(080 A00"Ii,ONIIyLm vJJPRTINER OPOSED \ \\v‘,7__. \ 1 BO�100013- 8 4E 214 if ur» € `1r \\`\ l I § g Sol ---------` i PARENT PARCEL • b 4( 1•� xr Ona..MOROI no row/01:0 11 LOT 11 > R • I BI I .00rT.1 Yt / I 6.! .a ! i LOT 11 x Sanwa I 1 I leas l .74,-.....am m''r1'.p/ I 112SING 1rrR.00ATIOx.MGRYAb01: _ / I say .v«Lon.00•2112yya.m.123049 I _- _ __ NO-V)* 1411 COURT 1 UP a ur s->•�x.rxala i } NAM•60146 INLI4/114 Nan- s *I 1 Imv30.0,16a..•,N's ROLLING GREEN RIDGEI urs 6060 INANNTs•DT V.Of MUM. q La 1e •awry 01+,100 Y InAT 4Ta-nolo.nova SECOND ADDITION [■ _ PUT 8001(23.PAGE 214 TM OF TOM,.P.'.O•o TO 66 noOr t.340.3.>w.d» TRACT'A' ! 0w..r 0r�(�) Ta OF MM.MNOTT I.N E MOWNGLE-P.6•656 Or TOP CI Nosar NNO.E noon=334.4,6J I r Aa-IRK A ) 0166”a la Or•P»n 1..IAITONONS-3570,Mink IT n ! ,."."."..(76.:57.L COMMor Pismo=rows Konno os SURVEYOR'S NOTES MM1 _ xq mnla.DV•6c'M«G9�' 110•'x'0 .mm'� tonna WAN 2•611,74. 0 611 M x•kW �aM arRT(•so NOT worm,n.:loo 1 K M MON�e-SUMO 10.» N.E..IT-CFO..0r .Nn x MY . 1111 AIMEE 616.101rE-o0 OOILOY•2 0 IES•er 0.65,161161W .K NN,C•PIT-a-rA. MOND 01606-nano canna/-n Os"x notOm$0 0*0 a na p SECOND A00I1101 PUT BOOK 21 PAGE 214 LEGEND rs w0 BLOCK 13 u.n 40114 0.1.0011.5 MVO SPICY.1NA NEM A .a.oa.nna. T•5la in.N MT MOII •'"OUiuo,m a'r'a`ta.".o:r. >E"` _.TOr1 x RN O a INn A-16 n»V.roaN�NP•rte.5., 4N A.a A w 66 15 r NOT,.066 PAWN .K.6 nii i•"o''�n..u01. »o K annons a•wP•5•a 01 eon -.- COSTIM 011 O A*»w a cane RE.OW Mora F7.000 NOTE AMMO aAT�,aAra..baK I G EOL I N E ,;•-- ACCON Nwin>a,1p.RUATt ��.PANEL MckANYI• .f.cf.,muA.a.w<.,axomN SURVEYING.INC. (..x:.®,1111(,... or pap NAMINNT 06,06 600Q 16•014,!LOCO 066•0011,,c0 Ta NS o vxnormon/c..,a wevoT N on/ a a, mn • > ....4 W.m la 667.nierrNM nora.3IN D ,M.0160 WNW, ,-119•001.60, Iy...•I;•w,on.'v1 M ,anr nr5®066•N,..O.dR 00* UN 0:00:ua r.Oaaorm TO WSW.r tPo0 BOYNION BLCR COON PA tW7W02 maw•.«b.COST..mxv1 rsa.n 1rn PALM BlACII COUNTY.R Warn 1-' Page 22 of 36 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002//WP05(RELO) Provider Construction Drawings 07-07-2025 f` W P 05 j jj____ 411110 FIXED FIXED ASSET: 10070002 e rum 5'S NW 14th COURT 1.......a =� ,..,.......e, AT&T . s BOYNTOV BEACH. FL 33435 l ear.07 I •PROJEC—S WS—F Q013070, WSTFL0022981, WST=L0025384 anis 400 n sum & WS—FL0055349 rl • . 'S+L7 DROP AND SWAP TOWER INSTAI I ATION A LOCAL MAP PROPERTY SUMMARY PROJECT DESCRIPTION I INDEX OF DRAWINGS }} w-.san-.)-as-a000w....c.�oam...rrae can =.mem ao..o V wow eo�m p.°c`..,a:.rw...� `iei.+onor°1 sva."""` Mr 444-071 an Cr mma roma, ...-,,..,...a sri0 o.cur w+a...v.at, .ntecm..,�,w.«i, ra pa`.W0,.c VAL .07 M dr Ma..0 0 ,.fryiN aa.. ss MIC • m: pa a.p..Hra...I Caa.. , 1.0112111K1.0112111Kfi .IRO .....a()0001oA `� � o0oo"'a` 00071459 AT&Ti � I 4. I nardislial Or(0 Mamas aro as. 114.710.0 Of(I).oo ,.� 000000 I.I. 0. i, .100041040 pita,NO q.,._ n1.;II:. VICIN.TY MAP I DESIGN CRITERIA CODE COMPLLVdCE I sAFETy,COMP�I9NGE____ �, .,.ercr.,e a, ww(a...at t.eopu axll <.er ` volt.eve J,V/.V a ;y� , ,�y1�, 0.7 cocoa, 45.100.alia WA Illa.19409 fa..Or p ar. �-010,14 oar.railf a-0 N0 Strarion;,; ,; '10:35:08-04'00 ..v o.) ,o-m *FOS NIIIIIIIIIIIIo s e m..H. WO.e Ours WOK YOU ac .ron,7777.0 .. 'b� ▪.-02-ii ars NM cos r mamas RF DESIGN VERIFICATION t'-oo E us Iro '�►, �'-`•".'�".. oWS 07.051.7 rna.Wm a wa issTn WO 001110.17 MOCK.MN 0010,POW.0910000 r amt m.,; �..0..„,a rnnc CO•. OM GIMP paer....a..a1.a,l room Or Mr_C.0.1117.074 Wig,.p row 0.0111.00.4.0 iMT:.F 500 tl .707/0•07 110.000105110.000105 ...L.. •was a.,_M , , •1000 sirs. • ' I ------,-- _ -w � — 1— 1 1 I I III I I I F— eI • ' awes I—��-- it aI I �w ; ::• / / f / , � - IA QPa Ht 1 rI� ` 1 Hi - II ��t-- • ' ' \\' I • / I• omn .9557-0007 — I k AT&T z�sl •IIJ ' I — I I II\ .pp . p � I i SWUM 1211 07/07/23 . 1 10 so 140 araran is . Safe RS 7420110012. hiziii 1417000 car.or yos • wNoS -r. ,.,. • j I. li L _„....,..,....... • ---..--- -__ _ , , 1, _ ,..,.., - -'� SRF PIN. • I I .0..s. SITE PLAN C . Page 23 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) AOrRI j -^t I — \ / o P� s I I ....0.4 l 1 © L. 0/;5 ((I Wt.NIL 11 �PISMO 01111 231.•PM. f . I \ �'� QAC 02410101. \ ;nom 0.0*, ,t "O. • :er ,' • � .��, AT&T j . 01111161 MORO 111 0111013 NEM V MI MOM re 02•111 r4•424 COPTS OF Tres u1Vinr .i mom...11 a.ws.... oao 14646119 a 0002 MT, l. _ I - VdPOS ICf o I ® .. .®MY,0011002 i� 011.14 X—.—. x x . I ' — II ExNs, .s'-2.— I COAPOUND PVI. ,041. EXISTING COMPOUND PIAN j I 1 C2 lb /' , .....--------_ / P ®F....;;7.: ..:,,,,....7....:- .1.M . A • I I I I ,,,• r.r to ,w e., I \ ` 1 • , j I' ff � � �.r., 7 ▪ - ,�.R l7rgyiE4ii Z. 1 / 5., 141111. I INC-14 TO IS 01111.11 01 And 4, 44,4114 Nu 044 41 al444 PC Ii81311)OM 07/c7,5 . 11107/' S I •TO1 00C1.01101 YE NOT C.101110110 910.T.01 au10-ii 1.71.0 nF v .it.. •. ryy� . rn « WWS ..,�:� 0 k mom.as 2'rums) MO.ax..4a7404: ,i_ x p NINE 441011,414 . i..4' . x-- m4 vNOPustu tOFiiiMW-.'`- .•VJViN1V-.'7,1%; COMPOUND Pvr. mo.o PROPOSED COMPOUND PLAN ---- rii 1,l `S Page 24 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) 1 `` I i USX.ea .a o. am4 r^�.h '� ...e or room. /...00...00: °�4� 1•17•177 C.,Or SMOCK 01.47 C•INI 717•76 a .:e4. - I I. .L .m i MuOa.E n ewcuEO as a / - 1..Mm.r I I garlic ow or roriam Kra ow IRON 11 SC 1112.07/03111017;7.1 , 1 tIOVIAG CIN OF 10.1•01.=CU 01••MM..11 CI MILOY131101;ns 15YXM.Ct a K..KIP..MIL7.a 0027 4. �x . 71. I' .mr�C,Or.� 000CC7,124,,, � 1 CS d. a..a..M�I „ 1,61Y0 MCC OEM MIRMA 13 OF CI_rarr, M. 717,111 Orr r row.[cm CC a.....E..r0 a BEr 4 a 9 r en.wum 0,00 OM,.00400. says.M�6/ k M MAURO CL 7,7':4 a:,.: as.o a �m.0..m 1.,To. u:reb . crn r®,.,,a,a.a.� -a n.gF', z.......44.....0. M ,..CM=.,MIME,7I .4 AT&T PRO..01 a-ar.,a.00.0.0 000 No WINN 7.2/114"„":4 onapar an.r. M..aE..-0a t°�aes MACS OM _ �/ 101077C PO 7 01 145 077.01-OK 11100 >n.. s a.,�..a s /.000000 Mn f 100$ X ;a.»MILD CL1111-CATE SCLED Cr Meal. socOss WS Sr SW. [CMG.1 4.ff-sw00 TOME 0 EC WYO.. L ..- Reim 313.1e SN-LIMIR MOW m a 114•••11,5h.VH rvX/ 71 MY oaAa.c COMM�p®TOM I6aNID I.O Mnu.en se anm / /\ rap 01P0,tC1Wi1 • Hai 0.CT ' \ .0 or. .,3 MM.6 1.701111 IS DOLT MC MOW LOLATIO.1 MO 0•1610 Co-MC 000I05.MILIAMS 11111.,.11,935F.D IOW. ' rrc OWi WE.cc.ow.0 nu a.raayso TOME I r000 00.., .ormy0r ro aOr 1s rcrwc 1.0 ILNYLLIA0 VI•170•07111. 0 TI.FOATONS ••01,04.0 LOADS Z. m•m•WV 11137.1.7,011 SEW EXISTING ELEVATION S I 1 PROPOSED ELEVATION 4010•101711 a r o 00,010M 00.a:71.114.1. l C4 `GfY it 1:I,n:o.. ,a.... arum .nwr.waCO MEMO mtty•10-.nT i l ser 1 �� :,...=:21.43."..1 CISTI•PM/ h q',R or...o.o,"e'w m.:w R . .v.,MICO, CC J 'r'g1a$— :°f".' '. ' $jd+ �Ir%an ��/ A r {i —.:,,,,,,...„—r-...1. ?'� ice\ �'I h:•, w�iuA.+(rte.n A~ •• ass.s....o>.. .r 'rr r.onr�Mr areao un y \ mO 1„ .I.Mw.IR..vA / �i 99 � �C. "°""' • AT&T • —1----,tn.,: ,a,,erMr c, • / PROPOSES AT&T ANTENNA PIAN ®I z c,1uwc.ar r�a.c :27=1,17'oil \ ,✓A' I OW i wx, I 00'72.1 Or 0,7'.7/7. ` Sv-6aif � ! in=le• f�� w00lrDmr. I..,. _..1 1w�.-M.. m..,,, ..nom, 11,0 MMn,,... M ,..:,..M.M,. �iOmo�`wm�i.mi.a 71 —sem M00�a nu m. 7m 00117 . .-., �.,� - 11 11 1.wr 1111.,%vs-.e OS IDI aIr lant0 S.OM JIM 700 e�l•r011 - _ -. aNa oOEocca.s a..0 a.r1107111/1„17•171.7 ,.a..e.../ 0o-,, 1 .�I�.. I R�.�� me MO. Mr NO I O i..r"Ma""I +° I rEMU 0 .a:..,1 1.cMM:a.+.n.0 7.>C010 on 7a v.=. 1 .a.A I CYO. ,I� 1••••I V �•••,•+'• s...wr.1 0�c a ++. WPJS sz NOW ,.c1 .wi --ii - : c f M� i sort=.... SOL Mat aro o•cm we wry, ix aocl --". 5 1 i Val _.VD i ixi — 1 u_ ANT NM PIANS 1-2-11•0.-.%;::/r I ;. f I >a�„ ' ux R EXISTING AT&T ANTENNA PLAN I 1 DESIGNED APPURTENANCE LOADING 13 .,O Page 25 of 36 OWNER Site Ref.:LERG01 TENANT Site Ref:10070002//WP05(RELO) EXHIBIT C RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: New Cingular Wireless PCS, LLC 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 Re: Cell Site#SIF014692; WP05 (FL) Fixed Asset# 10070002—515 NW 14th Court MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on , 2025, 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 New Cingular Wireless PCS, LLC, 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 (hereinafter referred to as "Tenant"). 1. Owner and Tenant entered into a Joint Use Lease Agreement ("Agreement") dated as of , 2025, 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 thirty (30) years commencing on and terminating on , with ten (10)five-year options to renew. 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"Property") is described in Exhibit"B1"attached hereto. [Signatures appear on the following page.] Page 26 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) 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 , 2025, 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 27 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: EXHIBIT ONLY— DO NOT EXECUTE Name: Title: Date: PROVIDER NOTARY: STATE OF COUNTY OF On , 2025, before me, Notary Public, personally appeared (by means of physical presence or online notarization) (Name), (Title),for New Cingular Wireless PCS, LLC,a Delaware limited liability company, 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 28 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) MEMORANDUM OF AGREEMENT EXHIBIT Al LEGAL DESCRIPTION OF LAND: PROPERTY DESCRIPTIONS PARENT PARCEL (PER PALM BEACH COUNTY PROPERTY APPRAISERS WEB SITE) ROWNG GREEN RIDGE 2ND ADDITION TRACT B (LESS 1-95 R/W) CITY OF BOYNTON BEACH TOWER PARCEL (PREPARED BY GEOUNE SURVEYING, INC.) THAT PART OF TRACT "B", ROWNG GREEN RIDGE SECOND ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL (NO IDENTIFICATION) AT THE POINT OF INTERSECTION OF THE CENTERUNE OF NW 15Th AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NW 4TH STREET (50 FOOT WIDE RIGHT-OF-WAY) AS PER PLAT OF ROWNG GREEN RIDGE SECOND ADDITION, RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 00'14'32" EAST ALONG THE CEN1ERUNE OF NW 4TH STREET FOR 271.94 FEET; THENCE SOUTH 89'45'28" WEST FOR 406.18 FEET TO THE NORTHEAST CORNER POST OF A FENCED TOWER COMPOUND AND THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EASTERLY FENCEUNE OF SAID FENCED TOWER COMPOUND FOR THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) SOUTH 41'47'38" EAST FOR 40.79 FEET; (2) SOUTH 11'30'02" EAST FOR 71.33 FEET TO THE SOUTHEAST CORNER POST OF SAID FENCED TOWER COMPOUND; THENCE NORTH 89'09'40" WEST ALONG THE SOUTH FENCEUNE OF SAID FENCED TOWER COMPOUND FOR 86.42 FEET; THENCE SOUTH 01'19'17" WEST FOR 25.08 FEET; THENCE NORTH 88'50'43" WEST FOR 61.00 FEET; THENCE NORTH 01'09'17" EAST FOR 55.67 FEET; THENCE SOUTH 88'50'43" EAST FOR 32.83 FEET TO AN INTERSECTION WITH WESTERLY FENCEUNE OF SAID FENCED TOWER COMPOUND; THENCE NORTH 01'20'37" EAST ALONG SAID WESTERLY FENCEUNE FOR 67.77 FEET TO THE NORTHWEST CORNER POST OF SAID FENCED TOWER COMPOUND; THENCE EASTERLY ALONG THE NORTHERLY FENCEUNE OF SAID FENCED TOWER COMPOUND FOR THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) NORTH 88'08'23" EAST FOR 28.73 FEET; (2) SOUTH 88'55'41" EAST FOR 42.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 12,506 SQUARE FEET (0.28 ACRES), MORE OR LESS. Page 29 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) EXHIBIT B1 LEGAL DESCRIPTION/DEPICTION FOR TENANT LEASE SITE: AT&T LEASE AREA: (PREPARED BY GEOUNE SURVEYING, INC.) NAT PART OF TRACT "B", ROLLING GREEN RIDGE SECOND ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL (NO IDENTIFICATION) AT THE POINT OF INTERSECTION OF THE CENTERUNE OF NW 15TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NW 4TH STREET (50 FOOT WIDE RIGHT-OF-WAY) AS PER PLAT OF ROWNG GREEN RIDGE SECOND ADDITION, RECORDED IN PLAT BOOK 26, PAGE 214 OF' THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 0014'32" EAST ALONG THE CENTERUNE OF NW 4TH irlmti FOR 271.94 FEET; THENCE SOUTH 89'45'26" WEST FOR 406.18 FEET TO THE NORTHEAST CORNER POST OF A FENCED TOWER COMPOUND; THENCE WESTERLY ALONG TIE NORTHERLY FENCEUNE OF SAID FENCED TOWER COMPOUND FOR THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) NORTH 88'55'41" WEST FOR 42.25 FEET; (2) SOUTH 88'08'23" WEST FOR 4.87 FEET; THENCE SOUTH 01'51'37" EAST FOR 15.50 FEET AND THE POINT OF BEGINNING; THENCE SOUTH 01'04'06" WEST FOR 38.00 FEET; THENCE NORTH 88'55'54" WEST FOR 12.50 FEET; THENCE NORTH 01'04'06" EAST FOR 38.00 FEET; THENCE SOUTH 88'55'54" EAST FOR 12.50 FEET TO SAID POINT OF BEGINNING. CONTAINING 475 SQUARE FEET (0.01 ACRES), MORE OR LESS. Page 30 of 36 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002//WP05(RELO) LEGAL DESCRIPTION/DEPICTION FOR INGRESS, EGRESS AND UTILITY EASEMENT: BOUNDARY AND N TOPOGRAPHIC SURVEY .m. / 00. 00.0000 .g- ,,.,.. ..T R i M". / ROLLING 26600 4560 SECOND 40041126 000 PT BOOK 26.PACE 214 Am X p u b LOTA.r TO 1F LABLCK O44 w'i[ LOT 14 .m u (•FEET) / N X v T'9[CI W q fwl[.041 THF.I-tl ' Qnlrl. R.40n.� r.Pl FFP) .aMrPJ / M nuc ..-Xr Low ROW•OFF CO• ~ MOO.M. I MORiMM4ST iSM AVENUE \ /' 0°o- / �— dust max aro_.:. — — — /TY1 T ( RP.M. _Xaar ILIP 10 i 11 yFFF , MAO MC MS Mill ,�CAP 1 (I$ 1 rrrrx[ tow �I I.r[ i A.Trbk I. m,ra.[ LOT JO r IT4rm �N x(RK was e L'r,i `r .warm-[ - 1 ,nA t- 3 ga A' 11 I Am r ? :- .n Isi �^3 Y I R. _off \ .w.r -I SEE 4, 1 I II __ \ i II g§;* E• 6 ' �`�.Nzr II ' I I SITE OETAE •1-1,$R,3� __-- I+ 130/ M. I I/� `2 SHEET 8§ Ams L0,22 � �. e iS z . R -TP1Gi . TOMER__I A� I. / ,.T„ ata n OP i / 110/LNG GREEN s000< A0011I06 , .m'° G -TOPER ' PUT BOOK 26.PACE 214 it -.---. ., TRACT•B• (r a Ii ' 1 a 4 !' PANDIT PARCEL • •I PAVEL 46•106 / 1 loran[) - ,ns'I - 1 s1nAPE*E. c Tr.LOCATOR.I D.M.no. I —— -- -- 41P---1)1 = ,6 60111NNEST f i.amOR1°`" ----- _ °'M Y 1410OSJRT :' Ams >a. I_ / .[..•Far_•-Yr K MOO • yy f:l • xar M.m \11 i 1 eORM•4004,600,1.0 M[., SMO D IMMO AP I�n.Mc O. \ IMAM-MrrrLr.Tr x.m06-4.40-21-24-00-0000 *M OS - 400r11M'.YID' - m e v6Pa AT OAP i s a•-uvsr wwb 40 5ECON0*00)11 N LOT ro •ROLUNG GREEN RIDGE ,i- br f Or TOM Fm.Fos m40-moor PUT BOOK 26.PAGE 214 3 TRACT"A" FILM..w p w MOM..w.:i MVP/ ILI ...w.ly)nM1. X.OF P.M 0.11111311.112 ICOR ROM Y.I[i.AO.41.1' 1 D RIupAM- OF FROM.A.M.T.MO:-.M Mr.'MOW • FOYAMA.M Tor w PPM MwID.MOI-WSJ,M•Dat I Yr 111 ) OD /-0:11;VRO0401.11[ ...r Win-` WIEER 6 PROPOSED TIMER OPORM00W: SURVEYOR'S NOTES I 1 I s.Yi.l WPCS O 0 AMMO so. -----/—n.T wOTa-m' `°or 14.`s MOM w ROOM ml:.a-cur r..c x • s ,rss• 1a.r mTmrc OF rOIII.OST.M PM,(A w FOOTPUBLIC Mt 11101,0E-WAY .Oa A.mOI RAT[.w M.NM TA M.-POMP on u / f IK 4m•> .04'A•A LO.CREU 57 14TH MIME V G.'• 01. ....Tides.MVPS TRX.AMOY Mr LOOM WPM MA:A.TT-w•.AT TO OPAPID 0. M.wb SA/�Ia.mS.w vr. 1.610641101.MM. ROURo POPO.a1°MM.0000 NOVO SECCMD P4MOTION LEGEND r...„„,,c.•sr n..O I PMT BOOK 26.PAGE 21•LAI n LOT r. 01.501.1106a. 05.11M P.mi BLOCKu T lir MMA.PM MO 6 MOT T GLOM LB 7060 CAP Anwar M�R .0 001A t104 MM. Ma 11[M'T IRO IN „..---a.i,,, Kora(SPAP C K IP AR , IMCAITS PM FM TOMO AS WU M.FLORIM MOPED SLANCTOR N.x^RAMI Or MS Ti IS TO EVAUM.w. -- :F �j OrY Or 0, 40C-47E5 KOMATAM PO TOP=RAI AN AT&T LOSE AREA IPS IS Pr A IPPON,ILMOT CV OR NOM PARCEL. ELaaO NOTE OPI VIVO Mmisn..m•aM.o1 MoG E L I N L: M • °:a N.D.MM. "'M.at",..T�'. SUKVLYM�G.INC. I' .... " r.i.40a T POKY iFnw.i..104.Rom.O•..a 1om MOM.(WWI 1 ROO MOM.OT IMP CAM)ma O•WYLIE.pM.w.OR An PRIPACT°.SO MOMS MS VIOL M I6.m COMM 1 IY�; .. rm 10/05/2017.OW PA Orr PMCG,AS MI ° "ORM MORIA-CWA►MO..0.1t M. ROM OOP./MMC Rm0.es 40 01'ARAMS w®M1a OCTOP 11P06 11011170/'1 BRACH SITE/PA 100700021 ,Ts X 1.T cmr...OM1..M..1.R MOS PALM YAC11 GOONEY.n I I1.NIBC I—" 01 1 Page 31 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) EXHIBIT D TENANT EQUIPMENT LISTING AND FREQUENCIES LIST OF TENANT EQUIPMENT 9 Antennas: 6) Ericsson KRE 101 2526/1K 3) Ericsson AIR6472 9 RRUs: 3) Ericsson 4494 B14/629 3) Ericsson 4890 625/666 3) Ericsson 4490 B5/B12 3 OVPs: 3) Raycap DC9-48-30-24-8C-EV FREQUENCIES ASSIGNED TO TENANT BY THE FCC FOR USE ON THE PROPERTY FCC Assigned Frequencies Description Frequency Range MHz AWS 1756 — 1780 MHz PCS 1860- 1950 MHz C-BAND 3700 — 3980 MHz Lower 700 704 — 746 MHz Cellular 824 — 894 MHz Page 32 of 36 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002//WP05(RELO) EXHIBIT E ADDITIONAL TERMS AND CONDITIONS & APPROVED TOWER DESIGN Page 1 of 2 Project Coordination. TENANT in conjunction with Mastec, Address of Mastec, and their associates, shall retain, at no expense to CITY, the firm of (Tower Vendor and Address of Tower Vendor), to act as Applicant and overall coordinator for this project on behalf of CITY and TENANT. Project Scope. The following tower company shall be responsible for all site planning, design, engineering, certification, coordination, permitting, construction, installation and management of the project to its completion in a manner satisfactory to the CITY and TENANT and in general accordance with specifications provided. Tower Construction Company: (Tower Vendor and Address of Tower Vendor) Scope of project shall include, but not be limited to: a. Soil borings and tests b. Site surveys and plans in accordance with applicable City Codes. c. Foundation and tower engineering design and calculations d. Tower, fencing, and equipment building location and grounding e. Coordination with Federal Aviation Authority for applicable approvals f. Coordination with utility companies g. Installation of CITY's tower mounting hardware only h. Other site development related issues deemed necessary by CITY and mutually approved by TENANT Technical Disputes. Subsequent to final site development and Tower Facility construction, problems of a technical matter shall be resolved to the satisfaction of both CITY and TENANT, in conjunction with the parties below, acting, as required, on CITY's and TENANT's behalf. 1. Mastec 2. Engineered Environments Inc. 3. Daley Tower Service Inc. 4. Any other vendors Approved Tower Design attached. Page 33 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) ADDITIONAL TERMS AND CONDITIONS & APPROVED TOWER DESIGN Page 2 of 2 3250X d n l, 320'0 It DESIGNED APPURTENANCE LOADING 5 = • TYPE ELEVATION TYPE ELEVATION 34'0 5 0,33 Xy Rod 325 5106 Mount 210 1 L 864 Beacon 325 PMP 450X1 200 5S91,100361,0 309 P1P450in 200 - • 5040 5++,41 .309 MAP 200 U 0S0M12P36U-D 307 .PUP 450m 200 ® 28005 • Sale 1.30771 307 001.1864 200 ��T 50224 3W U 1-810 Side rI 165 " J Side Mount 300 1.810 Side Light 166 I TnRx 440 Series 299 1.810 Side Lit 165 in 814612-0 275 Axis 06135 150 al. MOO, Sly Mount 275 Ade C16135 150 ,8810E Fs 275 Axe 0613.5 150 u, a z Sive 51X051 275 Axe 08135 150 x1 851012.0 245 30.000 spin EPAIA)earner(4.500 IM)145 240 o X 17 Side Mount 245 A2.40191* 130 xx 8MR12-0 245 TRACE 6000 130 11 Side Mount 245 Side Mount 130 800912-0 245 541166W 130 'n it 4 9 Side Mount 245 AP-54C-90.14 120 E a I220.05 851R12-0245 Side 7Aount 120 n ,n _... ._._ ._.. 1 SNe Mount NS AP.Y.G9bH0 lm - 08636-C 240 Side Mount J 120 Side 510051 240 Side Mount 120 N 2.0 rc , #2408 235 AP-5AC-90-510 120 • Side Wen! 235 A0-540 90!4 120 DE1420-9 225 S.1e IAwnt 120 3 Side Mount 225 NSMS Anlernl 100 5 I 09810€-PS 210 5.00 WWI! 'W ® _ 180.06 X SYMBOL LIST 0 2 MARK SIZE MARK SIZE h ]f s A 3 I e 4 A 'SR 1Y4 0 L21,202':2.313 n A .x 100 8 7/203 0 I B 1310x3016 E L31.203 +201;4 12 C 1.13'4711403116 F 155 e $ '" MI 1 HU MATERIAL STRENGTH al 140.05 MI GRADE Fy Fa GRADE Fy Fu V A529-50 50 ksi 05 ksi -. C al , TOWER DESIGN NOTES 13 120.0 n 1.Tower is located in Palm Beach County,Florida. R ] �� 2.Tower designed for Exposure C to the TIA-222-H Standard, 3.Tower designed for a 181 mph basic wind in accordance with the TIA-222-1-1 Standard. o 4. Deflections are based upon a 60 mph wind. al mon to 5.Tower Risk Category III. Y� 6.Topographic Category 1 with Crest Height of 0.00 R o D 7 Connections use galvanized A325 bolts,nuts and locking devices.Installation per is • TIAIEIA-222 and AISC Specifications. '" W s i I• 8.Tower members are"hot dipped'galvanized in accordance with ASTM A123 and ASTM A153 `� J exon Standards. A o 7 9.Tower obstruction lighting is based on FAA Style E.CASE is not repsonsible for the �+ ALL REACT— of the FAA lighting requirements If a different style is required,CASE should ARE FACT'S notified and the tower design should be updated. u, J 10.TOWER RATING:99.5% D 8005 MAX.CORNER REACTIONS AT BASE: DOWN: 1149105 lb 1 i SHEAR: 131240 lb 40.05 • UPLIFT:-99103116 R SHEAR: 115208 lb S S S m= AXIAL i 220.0 n 118280 lb ,",A A A J JSHEAR MOMENT '^ 221800lb d 1 31233005 lb-R 0.011 TORQUE 156692 lb-ft R REACTIONS-181 mph WINO 3 4. L 8 6 c e a 1'1 �? N !i0-4,Bgii t ,ft E rh,deugo manor So 14.54,1 without Ow•Wren,:+nueu++7:'i-V. a C A.S.E.,Inc. 58699 Final Design Rev 1 P.O.Box 4825 P"i"`i 325'SST East Boynton Beach SIN,FL Lafayette,Louisiana 70502 c' MasTec Communications Group°fe"n bl'MJG APP" Phone.337-232-3338 ci° TIA-222-H °a'02127/25' NTS FAX:moranberr lifcasenor.com Pdm. - - o a No.E-1 Page 34 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) EXHIBIT F EXISTING TOWER USERS Existing Users and Aerial Space on Tower A. City— 130, 140, 235, 299, 307 and 309 feet B. AT&T— 150 feet C. Palm Beach County Sheriff— 100, 120, 130, 200, 210, 240, 245 and 275 feet D. FBI —215 feet Page 35 of 36 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) EXHIBIT G RENT SCHEDULE Initial Term Rent Schedule Renewal Rent Schedule Year 1 $1,200.00 Year 1 $1,200.00 Year 2 $1,200.00 Year 2 $1,200.00 Year 3 $1,200.00 Year 3 $1,200.00 Year 4 $1,200.00 Year 4 $1,200.00 Year 5 $1,200.00 Year 5 $1,200.00 Year 6 $1,200.00 Year 6 $1,200.00 Year 7 $1,200.00 Year 7 $1,200.00 Year 8 $1,200.00 Year 8 $1,200.00 Year 9 $1,200.00 Year 9 $1,200.00 Year 10 $1,200.00 Year 10 $1,200.00 Year 11 $1,200.00 Year 11 $1,200.00 Year 12 $1,200.00 Year 12 $1,200.00 Year 13 $1,200.00 Year 13 $1,200.00 Year 14 $1,200.00 Year 14 $1,200.00 Year 15 $1,200.00 Year 15 $1,200.00 Year 16 $1,200.00 Year 16 $1,200.00 Year 17 $1,200.00 Year 17 $1,200.00 Year 18 $1,200.00 Year 18 $1,200.00 Year 19 $1,200.00 Year 19 $1,200.00 Year 20 $1,200.00 Year 20 $1,200.00 Year 21 $1,200.00 Year 21 $1,200.00 Year 22 $1,200.00 Year 22 $1,200.00 Year 23 $1,200.00 Year 23 $1,200.00 Year 24 $1,200.00 Year 24 $1,200.00 Year 25 $1,200.00 Year 25 $1,200.00 Year 26 $1,200.00 Year 26 $1,200.00 Year 27 $1,200.00 Year 27 $1,200.00 Year 28 $1,200.00 Year 28 $1,200.00 Year 29 $1,200.00 Year 29 $1,200.00 Year 30 $1,200.00 Year 30 $1,200.00 Year 31 $1,200.00 Year 32 $1,200.00 Year 33 $1,200.00 Year 34 $1,200.00 Year 35 $1,200.00 Year 36 $1,200.00 Year 37 $1,200.00 Year 38 $1,200.00 Year 39 $1,200.00 Year 40 $1,200.00 Year 41 $1,200.00 Year 42 $1,200.00 Year 43 $1,200.00 Year 44 $1,200.00 Year 45 $1,200.00 Year 46 $1,200.00 Year 47 $1,200.00 Year 48 $1,200.00 Year 49 $1,200.00 Year 50 $1,200.00 Page 36 of 36 OWNER Site Ref.:LERG01 TENANT Site Ref: 10070002//WP05(RELO) RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: New Cingular Wireless PCS, LLC 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 Re: Cell Site#SIF014692; WP05 (FL) Fixed Asset# 10070002—515 NW 14th Court MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on a,1,„_ \?) , 2025, by the City of Boynton Beach, a municipal corporation,with an addresst� 100 East Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter referred to as"Owner" or"Landlord") and New Cingular Wireless PCS, LLC, 1025 Lenox Park Blvd NE, 3rd Floor Atlanta, GA 30319 (hereinafter referred to as "Tenant"). 1. Owner and Tenant entered into a Joint Use Lease Agreement ("Agreement") dated as of ,c\Qet , 2025, 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 reement is thirty (30) years commencing on e rnlocf \9,,r)0 and terminating on 5fAer4yA 14 th ten (10)five-year options to renew. 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 "Property") is described in Exhibit"B1"attached hereto. [Signatures appear on the following page.] Page 1 of 6 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002//WP05(RELO) In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: The City of Bo ton Beach, a municipal corporation By: Y ; ..V (' Name: Rtlsec cc. 54.41'tor, • CaR/00, a._� Title: f.,�r,,,a 19 3 ,1 0 , Date: Q errm�ec i D ,% FLRIDA CITY NOTARY: STATE OF qoy vto— COUNTY O V 1 on 3p(YYeT vbC.i l U i , 2025, before me SU 11-epry Public, personally'appeared (by means of V physical pre er ce or online notarization) <C-2 rcot,ShoAktn , Mayor, for the City of Boynton Beach, a municipal corporation, persona known tnLng (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. 'Py�EE.. ..FSU s .. WIT S my hand an ial seal. °�. .�PRy pUe••, •gyp li, (WC' (SEAL) MY COMMISSION Notary P bli / = EXPIRES 2 2 2029 My corn fission expires: �igTF . 4?) OFF� � O'S�N NUMBED, ` Page 2 of 6 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: Name: Sktv.e-r A(C y iY\o__ . - 1_ ' Title: ,CX rj.CL Ut_T Qpk`( Date: /22J WZ PROVIDER NOTARY: STATE OF 1I Or L& COUNTY OF CA-O.-MAP On AUCaUS-4- 7_lS , 2025, beforem� P ( D 1 ) N tart' Pub'ti6, personally appeared by means of �/physical presence or online notarization) BP_ broarl2 (Name), P3��%G.1/4_ "Diger ur (Title),for New Cingular Wireless PCS, LLC, a Delawareited liability company, 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. 41.Z. AMANDA SCHULTZ Notary Public,State Of Florida � * Commission No.HH 243913 , /4VsaigiL %..1F_ ,= (SEAL) °'"'`F My Commission Expires:3/22/2026 Nota Public �� „y,.,,«�,.,",•., , , 0.46;0.0.4 My commission expires: 3Z/� Page 3 of 6 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05 (RELO) MEMORANDUM OF AGREEMENT EXHIBIT Al LEGAL DESCRIPTION OF LAND: PROPERTY DESCRIPTIONS PARENT PARCEL (PER PALM BEACH COUNTY PROPERTY APPRAISERS WEB SITE) ROLLING GREEN RIDGE 2ND ADDITION TRACT B (LESS 1-95 R/W) CITY OF BOYNTON BEACH TOWER PARCEL (PREPARED BY GEOUNE SURVEYING, INC.) THAT PART OF TRACT "B", ROLLING GREEN RIDGE SECOND ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL (NO IDENTIFICATION) AT THE POINT OF INTERSECTION OF THE CENTERUNE OF NW 15TH AVENUE (50 FOOT WEE RIGHT—OF—WAY) WITH THE CENTERUNE OF NW 4TH STREET (50 FOOT WIDE RIGHT—OF—WAY) AS PER PLAT OF ROLLING GREEN RIDGE SECOND ADDITION, RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 00'14'32" EAST ALONG THE CENTERUNE OF NW 4TH STREET FOR 271.94 FEET; THENCE SOUTH 89'45'28" WEST FOR 406.18 FEET TO THE NORTHEAST CORNER POST OF A FENCED TOWER COMPOUND AND THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE EASTERLY FENCEUNE OF SAID FENCED TOWER COMPOUND FOR THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) SOUTH 41'47'38" EAST FOR 40.79 FEET; (2) SOUTH 11'30'02" EAST FOR 71.33 FEET TO THE SOUTHEAST CORNER POST OF SAID FENCED TOWER COMPOUND; THENCE NORTH 89'09'40" WEST ALONG THE SOUTH FENCEUNE OF SAID FENCED TOWER COMPOUND FOR 86.42 FEET; THENCE SOUTH 0119'17" WEST FOR 25.08 FEET; THENCE NORTH 88'50'43" WEST FOR 61.00 FEET; THENCE NORTH 01'09'17" EAST FOR 55.67 FEET; THENCE SOUTH 88'50'43" EAST FOR 32.83 FEET TO AN INTERSECTION WITH WESTERLY FENCEUNE OF SAID FENCED TOWER COMPOUND; THENCE NORTH 01'20'37" EAST ALONG SAID WESTERLY FENCEUNE FOR 67.77 FEET TO THE NORTHWEST CORNER POST OF SAID FENCED TOWER COMPOUND; THENCE EASTERLY ALONG THE NORTHERLY FENCEUNE OF SAID FENCED TOWER COMPOUND FOR THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) NORTH 88'08'23" EAST FOR 28.73 FEET; (2) SOUTH 88'55'41" EAST FOR 42.25 FEET TO SAID POINT OF BEGINNING. CONTAINING 12,506 SQUARE FEET (0.28 ACRES), MORE OR LESS. Page 4 of 6 OWNER Site Ref.: LERGO1 TENANT Site Ref: 10070002//WP05(RELO) EXHIBIT B1 LEGAL DESCRIPTION/DEPICTION FOR TENANT LEASE SITE: AT&T LEASE AREA: (PREPARED BY GEOUNE SURVEYING, INC.) THAT PART OF TRACT "B", ROLLING GREEN RIDGE SECOND ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A NAIL (NO IDENTIFICATION) AT THE POINT OF INTERSECTION OF THE CENTERLINE OF NW 15TH AVENUE (50 FOOT WIDE RIGHT—OF—WAY) WITH THE CENTERLINE OF NW 4TH STREET (50 FOOT WIDE RIGHT—OF—WAY) AS PER PLAT OF ROLLING GREEN RIDGE SECOND ADDITION, RECORDED IN PLAT BOOK 26, PAGE 214 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 0014'32" EAST ALONG THE CENTERUNE OF NW 4TH �ircr�1 FOR 271.94 FEET; THENCE SOUTH 89'45'28" WEST FOR 406.18 FEET TO THE NORTHEAST CORNER POST OF A FENCED TOWER COMPOUND; 'THENCE WESTERLY ALONG THE NORTHERLY FENCEUNE OF SAID FENCED TOWER COMPOUND FOR THE FOLLOWING TWO (2) DESCRIBED COURSES: (1) NORTH 88'55'41" WEST FOR 42.25 FEET; (2) SOUTH 88'08'23" WEST FOR 4.87 FEET; 'THENCE SOUTH 01'51'37" EAST FOR 15.50 FEET AND THE POINT OF BEGINNING; THENCE SOUTH 01'04'06" WEST FOR 38.00 FEET; THENCE NORTH 88'5554" WEST FOR 12.50 FEET; THENCE NORTH 01'04'06" EAST FOR 38.00 FEET; THENCE SOUTH 88'55'54" EAST FOR 12.50 FEET TO SAID POINT OF BEGINNING. CONTAINING 475 SQUARE FEET (0.01 ACRES), MORE OR LESS. Page 5 of 6 OWNER Site Ref.:LERGO1 TENANT Site Ref: 10070002//WP05(RELO) LEGAL DESCRIPTION/DEPICTION FOR INGRESS, EGRESS AND UTILITY EASEMENT: N BOUNDARY AND TOPOGRAPHIC SURVEY PALM MA00 CCM,MMMA RR 10-MCC I .UT• / UM 0 R ND CREEK RIDGE n SECOND ADDITION LOT 10 LOT It . LOT PUT 0001(2E,PACE 214 LOT OUP.a •t> a b / L•110 .m m i. BLOM 44 UP 1a l1. Lor,s [a (M rr)sc.rot urn [Cul ra,a1.41Y*en 1'-a' I 4Mr MPI • MP) MPI 5.6/21 a MALA 1004-0E-41.IL ..-(110bI.4 NORTNTEST 13TH AVENUE MIToa.�Imu•WS We PAUL.11511-4-44 \71( / Lor: 1 ' MINA 811057-0-114a• (1 WON >a(n MPI 72.3214 \ 1 - I A LOT TY UM■ n ey� L5. LOT 1 Lar x LOT] �- lnr• OST a �., �No L.wmwU / ii i 4 r uxin g � I Im.aPPI N /1' 'di LOT r ill $ -.axz'e OST[ k171.04n PAS {1t / I �1 J \\ up a �,i lm a JI a/I/ \� _ I F us. i LOT a. till I r _c\\ 'N•L - III i o.a 1.7 "`- ,eAY II 111 SEE DETAIL Mrv � \ ON 91EET ii I A .pi (-_ I 1 \ DEQ / --- I-EXISTING I i g/ ,- /1, TOWER 4 - _. ?T O ROWNO GREEN RIDGE €� IDI 32 CENTER OF SECOND ADDITION ttp / PROPOSED PLAT BOO(26,PAGE 214 Lar Io 3 • TOWER _ TRACT-EF 11- 1 II! -- PARENT PARCEL yy01 I ° :}t I LOT r ql a•=.a r m B Lm n I w r,uo e I i / I looNTr) 1� LOT a 15 k In XII buss'e ) bar I y - -- - L._ 1- .n""'WAD J iFN51b0 TOW*LOCATION Ma1KA TION __el,- _ cpyc NORnIWEST i9010 -. -P41[ O 1{1N COUR M I� lm a 1 �(-_- _ - -- A MSA Ag1r-0- r (�( / unL�•Al.bw•f N Ab' _ E s 4w-•AM OMOF 100.0101 I - \ t �LRR �} am-ppAprue• 211,2.77:72.arT.Tr N AOS NOar°iGaDsN ralW 5. (44111111-.16117.01.1.•to 011141115141101 24110AT RAM d 1�1M 12.0.4.ao ROLLING GREEN RIDGE LOT b y LOT: 13 'M SECOND ADDIBCN IIT PUT BOOK 26,PAGE 21• rs1 TRACT-A • - Iusa'io'�a a Mie•O101i4351.5 urrb _ 5241P 0 r0 a larp. r:r 1404 1G1 arc )) IV a WNW AMLMMILMI E IMua MOW baa•413•41• e AIC r>�) MIX.WW1 WOW M•l• aawlnr a,0 0 Muelr rgM,P1u44.:).reS MAIIP LOT la f prowl.ST449/". as TO OF .000 iMrn MATER OF PROPOSED 10113t.V 4TI0K SUROEI'OR'S NOTES 1 / Ma u�5 •22732.26.7•7.6 AM' 1. LIMOS Ie:S •1**0 14 •10M.a1rn -.--0M3-711.-'.1-- - or -•Ta.IT.a.••M OM..mom xma"1MEn•a•r¢I(A m r001 WOW/ MMUC - +4 MUM OM.••a-:Car Lor N MIX 1451-0-1Y Ile s A]• MOM R.1 Mi M.We M. INVEST. 1.010414.MP1V a••M I l A 14/a wcTwar-AOT iE 1 OGIMM 0.0143 11.441011 A SOMAS 14441IM I Aa[w1 armn[s..•511 INT 0144 110 so2.Tc4a o•4 ua ROLLING GREENI 01010.0 1114(0.A 11.14.}sa0a PT 41 an. SECOND ADDITION PLAT BOOK 26,PAGE 21• LEGEND O•WI1v0 RA WO CP 1 SLOB „s WO BLOCK 13 Lot n LOT n • Mrer Rs Mt 1!2.OAN MIX •. API4LAna1S a,vs MUNI a T0II GM ray.ne Neo.. A[1w MVO,vAIA •51.4211.1°r$6 I. :r - mum rwlas•1a we-u t� C mum Mor n1 IMMO M m1M e•nm uv.src a sera I•.Mae. •M ,.G-,� spam r Til aAwAK rasa s fe Novo%o ms 4514•w E5„441 lob •+��`n�/M,'W\�T'- � j/(J ICIL AND el wrlum wewaTIS R arn®MAr °5a A�TAT 10.5aa Aaaw MS 6 MOT AA 11415 v 3144 $wi r jl � �.Ew _.I-/V'?M1/+-i/aama 12 m FYN1aMIr • 1 vA•ai ''`!'[�2/ DAM --I.5[.m are AbN RP / r•v[a5N mala MO 11.14151 ®i4110 401111,51S4.1.4511.4 4 Ov.M CaI1ndR 0�w,Lld ua!On FLOOD NOTE 1501 Mw I G EOL I N L ="----------=. MCOMMG MM4 aMAmNa4al01t*'a0 SLRVLYINCS,INA. 11.1 .141.121.114 0T:.no nTe. AMWMOMYrs a NS RIMY 1 1140."STu[ :ME MI�`r'-NIT ^'l' 4�� MMSM YC.N PN41I 110.1 COMM)a I'. I I_I�.r �I 4/10/000.,re PA1d,•M2.e• Aa uLblia Mair -rT.Mwep4p,s 1 TPPOO BOYNEON BEACH SR1/PA 10070002 I 5.044 lK a.'4441 001704510 M,,,91[•e 0 *1�MAaa a bm e..[�,f I.1•7I Acc•Lme PASO BEACH( E.n I Ls a 1.a CaMr,•omni LANA n v.: I--n. I NAeSEC 1-- .M I I Page 6 of 6