R25-293 RESOLUTION NO. R25-293
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING A COLLOCATION AGREEMENT
3 BETWEEN THE CITY AND CELLCO PARTNERSHIP D/B/A VERIZON
4 WIRELESS FOR USE OF PROPERTY TO INSTALL PERSONAL WIRELESS
5 SERVICES FACILITIES, AND APPROVE A MEMORANDUM OF
6 AGREEMENT BETWEEN THE PARTIES, TO ALLOW FOR GROUND
7 EQUIPMENT AND COLLOCATION ON THE EXISTING
8 TELECOMMUNICATIONS TOWER AT 1901 N. SEACREST BLVD.,
9 BOYNTON BEACH, FL, WITH A LEASE AREA OF 72 SQUARE FEET; AND
10 FOR ALL OTHER PURPOSES.
11
12 WHEREAS, the City desires to have Cellco Partnership d/b/a Verizon Wireless ("Verizon")
13 to install antenna equipment on the existing telecommunications tower located at 1901 N.
14 Seacrest Blvd., Boynton Beach, FL, as well as associated ground equipment within a designated
15 area at the tower's base in order to enhance Verizon's network coverage within the City, while
16 also providing a new revenue stream for the City through lease payments, with the ground lease
17 portion being seventy-two (72) square feet with equipment space on the vertical tower, for an
18 initial term of lease for five (5) years with four (4) five-year extensions, with annual rent at $9,000
19 with a 3% increase each year; and
20 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
21 best interests of the City's citizens and residents to approve a Collocation Agreement between
22 the City and Cellco Partnership d/b/a Verizon Wireless for use of property to Install Personal
23 Wireless Services Facilities to allow for ground equipment and collocation on the existing
24 telecommunications tower at 1901 N. Seacrest Blvd., Boynton Beach, FL, and to approve a
25 Memorandum of Agreement between the City and Cellco Partnership d/b/a Verizon Wireless.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
28 BEACH, FLORIDA, THAT:
29 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption.
31 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
32 approve a Collocation Agreement between the City and Cellco Partnership d/b/a Verizon Wireless
33 for use of property to Install Personal Wireless Services Facilities to allow for ground equipment
RESOLUTION NO. R25-293
34 and collocation on the existing telecommunications tower at 1901 N. Seacrest Blvd., Boynton
35 Beach, FL ("Agreement"), in form and substance similar to that attached as Exhibit A.
36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve a Memorandum of Agreement between the City and Cellco Partnership d/b/a Verizon
38 Wireless (the "MOA"), in form and substance similar to that attached as Exhibit B.
39 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
40 authorizes the Mayor to execute the Agreement and the MOA. The Mayor is further authorized
41 to execute any ancillary documents required under the Agreement or necessary to accomplish the
42 purposes of the Agreement, including any term extensions as provided in the Agreement,
43 provided such documents do not modify the financial terms or material terms.
44 SECTION 5. The fully executed Agreement shall be retained as a public record of the
45 City by the City Clerk. A copy of the fully executed Agreement shall be provided to Gail to provide
46 to Cellco Partnership d/b/a Verizon Wireless.
47 SECTION 6. The fully executed MOA shall be provided to Gail Mootz to provide to
48 Cellco Partnership d/b/a Verizon Wireless to record in the Public Records of Palm Beach County,
49 Florida, not more than sixty(60)days after the date of full execution of the Collocation Agreement,
So as required by section 18 of the Collocation Agreement. Gail Mootz shall obtain a copy of the
51 recorded Memorandum of Agreement.
�? SECTION 7. This Resolution shall take effect in accordance with the law.
53 [SIGNATURES ON THE FOLLOWING PAGE]
54
55
56
57
58
59
60
61
62
63
64
65
RESOLUTION NO. R25-293
66
67
68 PASSED AND ADOPTED this !h
day of 4" `e' b ' — 2025.
69 CITY OF BOYNTON BEACH, FLORIDA
70 YES NO
71 Mayor— Rebecca Shelton `P's4osrf
72
73 Vice Mayor—Woodrow L. Hay
74
75 Commissioner—Angela Cruz
76
77 Commissioner—Thomas Turkin
78
79 Commissioner—Aimee Kelley
80
81 VOTE
82 ATTS :
83
LAI/
84 L.r
85 Mayle- Die esus, MP•, MMC Rebecca Shelton
86 City Clerk Mayor
87 gOY N To.
88 ;�3:GORP�Rglc�;6�y�� APPROVED AS TO FORM:
89 (Corporate Seal) ;c;:' SEAL '�i
Xamb90 � : INCORPORATED' �
91 1920 Azeild
92 �� Shawna G. Lamb
93 `��`CORfCA City Attorney
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
COLLOCATION AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS
FOR USE OF PROPERTY TO INSTALL PERSONAL WIRELESS SERVICES FACILITIES�
ID
THIS COLLOCATION AGREEMENT (the"Agreement"), made and entered into this " y,day of
Na(.QmVer , 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
CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS
A Delaware general partnership
One Verizon Way
Mail Stop 4AW100
Basking Ridge, New Jersey 07920
(Hereinafter referred to as"TENANT")
WHEREAS. CITY is the owner of certain real property containing a wireless communications tower
("Tower') located at 1901 N Seacrest Blvd and commonly known as Hester Park, in the City of Boynton
Beach, Palm Beach County, Florida (hereinafter referred to as the "Land" and more particularly described in
Exhibit"A" attached hereto); and
WHEREAS, TENANT desires to collocate its equipment both on the Tower and on a portion of the
Land as authorized in Section 1.01 below to construct, maintain and operate a communications facility; and
WHEREAS, on June 5. 2001,the CITY entered into a PCS Site Agreement with Sprint Spectrum L.P.,
(together with its successors and assigns. the "Tower Owner"). as amended by an Agreement Regarding
Ground Lease dated June 29, 2006, and Second Amendment to PCS Agreement dated October 9, 2014
(collectively, the "Lease Agreement') relating to Tower Owner's use of said Property (and which provides for
collocators); and
WHEREAS, the Lease Agreement requires the consent of CITY to any such collocation on the Tower
which also includes a portion of the Land and CITY desires to grant such consent, subject to the provisions
herein; and
WHEREAS, the City Commission concurs with the recommendation of staff and deems it in the best
interest of the City of Boynton Beach to consent to the collocation on the Tower and the use of a portion of
said real property to TENANT; and
WHEREAS. CITY and TENANT have negotiated an understanding to writing:
NOW THEREFORE. in consideration of good and valuable consideration paid by TENANT to CITY,
as well as the mutual covenants hereinafter exchanged, the parties agree as follows:
Page 1 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref CC F2 City of Boynton Beach/5000895931
Section 1. PROPERTY TO BE LEASED
1.01 CITY shall permit TENANT to utilize a 11'x16'-4" portion of the Land (the "Premises"),
together with the non-exclusive right of ingress and egress from a public right-of-way, 7 days
a week, 24 hours a day, over the Land to and from the Premises for the purposes of
installation, operation and maintenance of LESSEE's communications equipment over or
along the twenty (20) foot wide right-of-way (the "Easement"), which is depicted on Exhibit
"B". TENANT may also use the Easement for the installation, operation and maintenance of
wires, cables, conduits and pipes for all electrical, telephone, fiber and other similar support
services (collectively, the "Support Services") as deemed necessary or appropriate by
TENANT for the operation of its communications equipment. CITY shall also permit TENANT
to utilize any further rights of way over and through the Land between the Premises and the
Tenant's space on the Tower for the installation, operation and maintenance of utility wires,
poles, cables, conduits. and pipes. The Premises and the Easement are hereinafter
collectively referred to as the "Property" and are more particularly described in Exhibit "B"
attached hereto.
Section 2. DUTIES AND RESPONSIBILITIES OF TENANT
2.01 (A)TENANT shall use the Property for the purpose of constructing, maintaining and operating
a communications facility and uses incidental thereto, consisting of equipment cabinets and
such telecommunications equipment as needed to meet TENANT's telecommunications
needs and all necessary connecting appurtenances for the purposes of collocation on the
Tower structure constructed and operated by Tower Owner. TENANT's current and
anticipated future needs are shown on the site plan attached hereto as Exhibit"B." Although
TENANT may not initially install all of the telecommunications equipment and appurtenances
shown on said site plan, TENANT shall have the right, without prior approval from the CITY
to complete the initial installation contemplated by the site plan as shown on Exhibit "B",
however, CITY prior approval shall be required for any further installations and to replace,
repair or otherwise modify its telecommunications equipment and appurtenances or any
portion thereof installed within the Property. TENANT shall not have the right to make any
installations outside the boundaries of the Property without obtaining the CITY's prior written
consent, which shall not be unreasonably withheld, conditioned or delayed.
(B) CITY hereby consents to TENANT executing a separate agreement with Tower Owner
(the "Tower Lease") for collocation space on the Tower (the "Tower Space"). CITY
acknowledges that this Agreement is contingent upon TENANT executing the Tower Lease.
Further, if at any time during the term of this Agreement. the Tower Lease is terminated, this
Agreement shall automatically terminate, subject to the requirements of Section 2.09 and
Section 7.06 below.
2.02 TENANT shall be responsible for soil borings and similar tests which may be required as a
condition of construction and for all expenses related to its improvements which may
thereafter be constructed upon the Property. CITY grants TENANT the right to access
adjoining and adjacent property owned by CITY as is reasonably required during construction
and installation of TENANT's improvements, provided, however, that TENANT shall be
responsible for restoring said area to its original condition upon completion of the
improvements.
Page 2 of 29
OWNER Site Ref:LEHCO4-Hester Park
TENANT Site Ref CC F2 City of Boynton Beach/5000895931
2.03 TENANT shall maintain the Property in a safe and workmanlike condition and meet all
applicable requirements imposed by ordinances of the CITY, including, but not limited to
maintenance of the interior compound area of the Property with regular landscaping
necessary to remove weeds. growth and debris/trash.
2.04 TENANT shall supply at the time of execution of this Agreement all specific transmit and
receive frequencies assigned by the Federal Communications Commission ("FCC") to
TENANT for use on the Property and the Tower, which frequencies are disclosed on Exhibit
"D"hereto. Notwithstanding the designation of frequencies per this paragraph, TENANT shall
have the right to change and/or add to the frequencies it transmits and receives from the
Property and the Tower provided (i)TENANT provides CITY with at least thirty(30)days prior
written notice, (ii) the use of such frequencies does not result in violation of the interference
provisions of Section 2.05 of this Agreement and (iii) TENANT is licensed by the FCC to use
such frequencies.
2.05 TENANT shall not use the Property in any way that interferes with the use of the Property by
CITY. provided however. that CITY hereby acknowledges that TENANT'S permitted use of
the Property under this Agreement shall not constitute an impermissible interference by
TENANT. TENANT shall resolve any technical interference problems arising from its
installation of telecommunications equipment with: (i) third party's equipment located at the
Property or on the Tower and operating as of the Commencement Date (as defined below) of
this Agreement, and (ii) any equipment of the CITY presently located at the Property or that
becomes attached to the Tower at any future date. TENANT and CITY acknowledge that
there may be collocation of equipment from other telecommunication providers on the Tower
and on property adjacent to the Property. In entering into any agreement with a collocator,
CITY, in conjunction with TENANT will ensure site compatibility with the installation of
equipment to ensure that the collocation will not result in technical interference problems.
TENANT shall operate the TENANT's facilities in a manner that will not cause Interference to
CITY and other collocators on the Tower and adjacent to the Property, provided that their
installations predate that of the TENANT's facilities. In the event interference occurs,
TENANT agrees to take all action necessary to eliminate such interference, in a reasonable
time period. In the event TENANT fails to comply with this paragraph, CITY may terminate
this Agreement, and/or pursue any other remedies available under this Agreement, at law,
and/or at equity. All operations by TENANT shall be in compliance with all Federal
Communications Commission ("FCC") federal, state and local requirements. Subsequent to
the installation of the TENANT's facilities, CITY shall not permit itself, its lessees or licensees
to install new equipment on the Property or Property contiguous thereto owned or controlled
by CITY. if such equipment is likely to cause interference with TENANT's operations. Such
interference shall be deemed a material breach by CITY. In the event interference occurs,
CITY agrees to take all action necessary to eliminate such interference, in a reasonable time
period. In the event CITY fails to comply with this paragraph, TENANT may terminate this
Agreement, and/or pursue any other remedies available under this Agreement, at law, and/or
at equity.
2.06 TENANT shall furnish electric service for the operation of TENANT's telecommunications
equipment on the Property. TENANT shall be solely liable for all electricity expenses relating
to its installation and operation of its equipment. TENANT's electrical service shall be
separately metered, and TENANT shall be responsible for all costs associated with metering,
including the cost of installing any meter. If TENANT should install any emergency generators
Page 3 of 29
OWNER Site Ref. LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
on the Property, the installation shall comply with Palm Beach County's Wellfield Protection
Ordinance, and any other applicable laws or regulations.
2.07 TENANT shall submit all required applications and required fees for permits to the applicable
CITY and/or County departments for review and approval.
2.08 CITY shall invoice, and TENANT shall pay, any applicable transaction tax (including sales,
use, gross receipts, or excise tax) imposed on the TENANT and required to be collected by
the CITY based on any service, rental space, or equipment provided by the CITY to the
TENANT. TENANT shall pay all personal property taxes, fees. assessments, or other taxes
and charges imposed by any government entity that are imposed on the TENANT and
required to be paid by the TENANT that are directly attributable to the TENANT's equipment
or TENANT's use and occupancy of the Property. Payment shall be made by TENANT within
60 days after presentation of a received bill and/or assessment notice which is the basis for
such taxes or charges. CITY shall pay all ad valorem, personal property, real estate, sales
and use taxes, fees, assessments or other taxes or charges that are attributable to the Land
or any portion thereof imposed by any government entity.
TENANT shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which TENANT is wholly
or partly responsible for payment. CITY shall reasonably cooperate with TENANT at
TENANT's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as
set forth in the preceding sentence. including but not limited to,executing any consent, appeal
or other similar document. In the event that as a result of any appeal or challenge by
TENANT, there is a reduction, credit or repayment received by the CITY for any taxes
previously paid by TENANT, CITY agrees to promptly reimburse to TENANT the amount of
said reduction, credit or repayment. In the event that TENANT does not have the standing
rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, CITY
will pursue such dispute at TENANT's sole cost and expense upon written request of
TENANT.
2.09 Upon the expiration or earlier termination of this Agreement, TENANT shall,within ninety(90)
days. remove any and all personal property and fixtures and restore the Property to its original
condition. reasonable wear and tear and acts beyond TENANT's control excepted. At CITY's
option. when this Agreement is terminated and upon CITY's advance written notice to
TENANT (to be provided to TENANT no less than ten (10) days after the expiration or earlier
termination of this Agreement), TENANT will leave any agreed-upon foundation and security
fences installed at the Property. If the parties agree that TENANT shall leave the foundation
and/or security fences, such will become property of CITY, and TENANT shall, upon CITY's
request, execute any documents necessary to reflect such change in ownership. If such time
for removal causes TENANT to remain on the Property after expiration or termination of this
Agreement,TENANT shall pay rent at the then existing monthly rate or on the existing monthly
prorated basis, if based upon a longer payment term, until such time as the removal of
TENANT's personal property and fixtures is complete. Any and all TENANT personal property
and fixtures which TENANT fails to remove from the Premises within such ninety (90) day
removal period and which is subsequently removed by CITY, pursuant to the authority of this
Agreement or of applicable law, 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
Page 4 of 29
OWNER Site Ref.:LEHCO4-Hester?ark
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
expenses incurred in such removal and all storage charges against such personal property
or fixtures.Any such personal property or fixtures of TENANT not removed from the Premises
or retaken from storage by TENANT within thirty (30) days after the expiration of the ninety
(90) day removal period shall be conclusively deemed to have been forever abandoned by
TENANT and may either be retained by CITY as its property or may be disposed of in such
manner as CITY may see fit in its sole discretion.
2.10 TENANT shall keep the Property free from any liens arising out of any work performed,
materials furnished, or obligations incurred by or for TENANT. TENANT shall, within thirty
(30) days following receipt of notice from the CITY of any such lien, cause the same to be
released of record by payment or posting of a proper bond. No work which CITY permits
TENANT to perform on the Property shall be deemed to be for the use and benefit of CITY
by reason of its consent to such work. CITY shall have the right to post notices that it is not
responsible for payment for any such work in accordance with the provisions of§713.01(23),
§713.01(26) and §713.10, Florida Statutes.
2.11 TENANT acknowledges and agrees that the TENANT'S equipment installations shall be
located alongside other existing wireless providers' equipment on the Property and TENANT
shall cooperate with other tenants on the Property in coordination of TENANT'S installation.
2.12 To the extent that the Premises is not contained within the existing fenced equipment
compound on the Land, TENANT shall place around the perimeter of its Premises a security
fence that meets the approval and requirements of the CITY, which shall be maintained by
TENANT, at its sole expense.
2.13 Signage: TENANT shall permanently mark all ground equipment with Tenant's name, site
number, emergency contact number and any other pertinent information.
2.14 TENANT, as the owner and/or service operator/provider of a wireless communication facility
shall register with the CITY no later than October 1 of each year in accordance with Chapter
3, Article V, Section 13, Part I, 'Annual Registration," of the CITY's Land Development
Regulations, or any future revisions 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 shall grant TENANT the right to survey the Property in order to meet requirements to
submit the applications for permits.
3.03 CITY shall cooperate with TENANT in its effort to obtain utility services over. under. or along
a right-of-way extending from the nearest public right-of-way, to the Premises (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.
Page 5 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
Section 4. ACKNOWLEDGEMENT
4 01 CITY and TENANT acknowledge that TENANT's ability to use the Premises and Tower Space
is contingent upon TENANT obtaining, after the execution of the Agreement. all the
certificates, permits and other approvals that are required by any federal, state and/or local
authorities. In the event that any certificate, permit or approval issued to TENANT is canceled,
expires, lapses or is otherwise withdrawn or terminated by a governmental authority, or if
TENANT is unable to obtain any such certificate, permit or approval in a timely manner, so
that TENANT is unable to use the Property and Tower for their intended purpose, TENANT
shall have the right to terminate this Agreement immediately upon written notice to CITY.
4.02 TENANT agrees that it will not use, generate, store, or dispose of any Hazardous Material on,
under, about. or within the Land in violation of any law or regulation. CITY represents,
warrants, and agrees(a)that neither CITY nor,to CITY's knowledge. any third party has used,
generated, stored. disposed of. or permitted the use, generation, storage, or disposal of, any
Hazardous Material (defined below) on. under, about, or within the Land in violation of any
law or regulation, and (b)that CITY will not, and will not permit any third party to use, generate,
store, or dispose of any Hazardous Material on, under, about, or within the Land in violation
of any law or regulation. TENANT agrees to defend, indemnify, and hold harmless the CITY,
its officials, partners, affiliates, agents, and employees against any and all losses, liabilities,
claims, and/or costs (including reasonable attorney's fees and costs through the conclusion
of any litigation, including appeals) arising from any breach of any representation, warranty,
or agreement contained in this paragraph or any inaccuracy of belief in the condition of the
Land. As used in this paragraph. "Hazardous Material" shall mean petroleum or any
petroleum product. asbestos, and/or any substance, chemical. or waste that is identified as
hazardous, toxic. or dangerous in any applicable federal, state, local law or regulation.
Notwithstanding the foregoing. if TENANT obtained regulatory approval to install and maintain
a diesel-powered electrical generator on the Premises, fuel storage for same must be in an
approved double wall above-ground container either independent of the generator or
contained within the generator. At all times during the term of this Agreement, TENANT must
comply with all regulations for safe storage, reporting, and mitigation/remediation related to
this limited exception for use of diesel upon the Premises.TENANT shall be solely responsible
for all costs CITY, as 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.
4.03 CITY covenants that CITY has good and sufficient title and interest to the Land 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 Land.
4.04 TENANT covenants that the person or persons executing this Agreement on behalf of
TENANT has the full right, power and authority to enter into and execute this Agreement on
TENANT's behalf.
Section 5. TERM OF AGREEMENT
5.01 Term The initial term of this Agreement shall be five (5) years commencing upon the first
day of the month immediately following the date upon which TENANT is granted a building
Page 6 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref CC F2 City of Boynton Beach/5000895931
permit by the governmental agency charged with issuing such permits (the"Commencement
Date"), and terminating on the day immediately preceding the date of the fifth (5'h)anniversary
of the Commencement Date (the "Initial Term") unless otherwise terminated pursuant to the
terms of this Agreement. TENANT shall have the right to extend the Term for four (4)
successive five (5)year periods (the "Renewal Terms") on the same terms and conditions as
set forth herein. The Initial Term and any Renewal Terms are collectively referred to as the
"Term."
5.02 Renewals. The Renewal Terms shall automatically occur unless TENANT gives written notice
to the CITY of its intention not to extend this Agreement at least six (6) months prior to the
end of the current term.
5.03 If. at the end of the last Renewal Term, this Agreement has not been terminated by either
party giving the other party written notice of its intention to terminate at least six (6) months
prior to the end of the last Renewal Term, this Agreement shall remain in force and effect
upon the same covenants, terms and conditions. This Agreement shall renew for annual
terms thereafter on the same financial terms, including annual increases, unless terminated
by either party by giving the other party written notice of its intention to terminate at least six
(6) months prior to the end of such term. The rental fee payment for any additional term
authorized pursuant to this paragraph shall be reasonably negotiated between the parties
should such an additional term occur. and may be documented pursuant to an amendment
duly executed by the parties.
Section 6. CONSIDERATION
6.01 Rent: The CITY shall be paid an annual rental fee payment of Nine Thousand Dollars
($9,000.00) ("Rent"). Payment shall be made in a lump sum each year on the Anniversary
Date (as defined in Section 6.02 below). The parties hereto acknowledge that the initial Rent
payment shall be prorated to cover the period from the Commencement Date through the
next Anniversary Date. The initial Rent payment shall be made within sixty (60) days of the
Commencement Date and sent to the address set forth in Section 6.02 below. The Rent shall
increase annually on each Anniversary Date by an amount equal to three percent (3%) of the
annual rent in effect for the previous twelve (12) months, as set forth by the rent schedule
attached hereto as Exhibit"E".
6.02 The Anniversary Date,for the purpose of this Agreement, is September 30th of each calendar
year. Except for the initial Rent payment, all Rent payments shall be submitted to the CITY
no later than twenty (20) calendar days after the Anniversary Date. Said payment shall be
submitted to City of Boynton Beach, 100 East Ocean Avenue, Boynton Beach, Florida 33435,
Attn: Real Estate Manager, celltoweradmin@bbfl.us. 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 (30'h) day after the payment becomes due and remains unpaid.
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),
non-ad valorem personal property taxes (to the extent required by Section 2.09 above), utility
charges, and all maintenance costs associated with the TENANT's use of the Property and
the Tower.
Page 7 of 29
OWNER Site Ref.: LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
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 Rent payments are to be made pursuant to this
Agreement. From time to time during the Term of this Agreement and within thirty (30) days
of a written request from TENANT, CITY agrees to provide updated Rental Documentation in
a form reasonably acceptable to TENANT. The Rental Documentation shall be provided to
TENANT in accordance with the provisions of and at the address given in Section 16 below.
The Parties agree and acknowledge that TENANT shall be responsible for the Rent 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 Rent 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 As set forth in Section 5.02, prior to the end of the initial Term, or any Renewal Terms of this
Agreement, TENANT may terminate this Agreement by providing written notice to the CITY,
pursuant to Section 16, at least six (6) months prior to the end of the current term.
7.02 As set forth in Section 4.01, if any certificate, permit or approval issued to TENANT is
canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental
authority, or if TENANT is unable to obtain any such certificate, permit or approval in a timely
manner, so that TENANT is unable to use the Property and Tower for their intended purpose,
TENANT shall have the right to terminate this Agreement immediately upon written notice to
CITY.
7.03 Should either party hereto default under any of the terms of this Agreement,the non-defaulting
party may terminate this Agreement by providing forty-five (45) calendar day written notice to
the defaulting party; however, the defaulting party shall be given the opportunity to correct
any default within forty-five (45) calendar days after receipt of written notice of such default
from the non-defaulting party. 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 the defaulting party is
diligently proceeding to cure such default.
7.04 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.
7.05 In the event of termination of this Agreement by TENANT, all rental fees paid prior to said
termination date shall be retained by the CITY.
Page 8 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
7.06 Upon termination, TENANT shall offer CITY first option to purchase certain remaining
improvements. including but not limited to. the concrete pad, 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 equipment is not intended to remain
upon termination. CITY shall have ten (10) calendar days from the expiration date of this
Agreement or the effective date of any earlier termination of this Agreement in which to
exercise this option. Notwithstanding the foregoing, under no circumstances does CITY have
the right to purchase any of TENANT's equipment.
7.07 TENANT shall have a reasonable time, not to exceed fifteen (15) days from 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.
7.08 In the event TENANT determines that the Property and the Tower are no longer technically
compatible for its intended use or is obsolete or unnecessary, 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 an amount equal to two (2) years' of the then-current Rent.
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 (collectively, the "Indemnified
Parties") from any and all claims, damages, liability, losses, causes of action of any nature
whatsoever(collectively,the"Claims")which may arise out of, in connection with, or because
of the use and occupancy of the Property by TENANT or its officers, agents, employees or
independent contractors under this Agreement or the breach of this Agreement, by TENANT,
except in all cases to the extent such Claims are due to, or caused by, any of the Indemnified
Parties. Pursuant to the foregoing, TENANT shall pay all claims, losses, liens, settlements
and judgments in connection therewith, including, but not limited to, reasonable attorney fees,
paralegal fees, and costs, through the conclusion of all litigation, including any appeals, to
defend all suits. Such indemnification shall not be limited to the amount of comprehensive
general insurance, which TENANT is required to obtain under this Agreement. This section
shall survive the expiration or termination of this Agreement.
Section 9. INSURANCE
9.01 TENANT shall secure and maintain,at its own expense, and keep in effect during the full term
of this Agreement, a policy or policies of insurance, which must include the following
coverages and limits of liability
(1) Worker's Compensation Insurance in compliance with the statutory requirements of
the state(s) of operation including. where applicable, the United States Longshoremen's and
Harbor Worker's Act, the Federal Employers' Liability Act and the Jones Act, and Employer's
Liability Insurance with limits of $1,000.000.00 each accident/disease/policy limit. TENANT
agrees to be responsible for the employment, conduct and control of its employees and for
Page 9 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref CC F2 City of Boynton Beach/5000895931
any injury sustained by such employees in the course of their employment.
(2) Commercial Automobile Liability Insurance in the amount of $1,000,000 combined
single limit each accident for bodily injury and property damage covering 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.
(3) Commercial General Liability with limits of$1,000,000 per occurrence for bodily injury
and property damage and $1,000,000 general aggregate including:
(a) Premises and Operations.
(b) Independent Contractors.
(c) Product and Completed Operations Liability.
(d) Broad Form Contractual Liability.
(e) Owner's or Contractor's Protective Liability.
9.02 UPON FULL EXECUTION OF THIS AGREEMENT TENANT SHALL BE REQUIRED TO
SUBMIT TO THE CITY COPIES OF ITS CERTIFICATE(S) OF INSURANCE EVIDENCING
THE REQUIRED COVERAGES AND INCLUIDNG THE CITY OF BOYNTON BEACH AS AN
ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR UNDER THIS AGREEMENT
WITH RESPECT TO THE REQUIRED COVERAGES AND OPERATIONS UNDER THE
AGREEMENT. TENANT SHALL PROVIDE AFOREMENTIONED COPIES VIA EMAIL TO
CITY TO THE EMAIL ADDRESSES IN THE NOTICES SECTION BELOW.
9.03 Upon receipt of notice from its insurer(s), TENANT shall provide the CITY with thirty (30)
calendar days written notice of cancellation of any required coverage by first-class mail.
9.04 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 requirements
established by the City's Risk Manager. The CITY reserves its right to require any other
insurance coverages that the CITY deems necessary depending upon the risk of loss and
exposure to liability.
9.05 The required insurance coverage shall be issued by an insurance company licensed
authorized or permitted to do business in the State of Florida, with the minimum rating of A-:
VII or better in accordance with the latest edition of A.M. Best's Insurance Guide.
9.06 TENANT shall require each of its subcontractors of any tier to maintain substantially the same
insurance as required of TENANT with limits commensurate with the work or service to be
provided and TENANT shall be required to provide verification thereof to the CITY upon
request of the CITY.
9.07 All required insurance policies shall preclude any underwriter's rights of recovery or
subrogation against the CITY with the express intention of the parties being that the required
insurance coverage protects both parties as the primary coverage for any and all losses
covered by the above-described insurance.
9.08 TENANT agrees that TENANT shall have no recourse against the CITY for payment or
assessments in any form on any policy of insurance.
Page 10 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
9.09 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 named insured shall not apply to the CITY. Instead. the CITY shall provide written
notice of occurrence within fifteen (15) working days of the CITY's actual notice of such an
event to TENANT.
9.10 TENANT shall not be allowed to commence performance of its obligations under this
Agreement until after it has obtained all of the insurance herein described and the same has
been approved by CITY.
9.11 Violation of any of the insurance terms of this Section 9 and its sub-parts shall constitute a
breach of the Agreement and the CITY, at its sole discretion, may terminate the Agreement
pursuant to Section 7 of this Agreement.
Section 10. ASSIGNMENT
10.01 This Agreement may be sold, assigned or transferred by TENANT without any approval or
consent of CITY to TENANT's principal(s), affiliates, or any subsidiary of TENANT, its
principal(s) or affiliates, or to any FCC licensed wireless provider entity which acquires all or
substantially all of TENANT's assets and licenses in the market defined by the FCC in which
the Land 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. Following any sale, assignment, or transfer by TENANT in accordance with this
paragraph, if the purchaser, assignee. or transferee agrees in the legal transfer document to
undertake all of TENANT's obligations under this Agreement, TENANT shall be released from
its obligations to CITY under this Agreement, and CITY shall have the right to look to the
purchaser, assignee, or transferee for the full performance of 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. No
change of stock ownership, partnership interest or control of TENANT or transfer upon
partnership or corporate dissolution of TENANT shall constitute an assignment hereunder.
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. Notwithstanding any such assignment to a tower management
company, CITY shall remain fully liable for all of CITY's obligations under this Agreement.
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
Page 11 of 29
OWNER Site Ref..LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
investigations of any kind which would have an adverse effect on TENANT's ability to perform
the obligations herein.
Section 12. GOVERNING LAW: VENUE
12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the
State of Florida.
12.02 Any claim, objection or dispute arising out of the terms of any agreement shall be litigated in
shall be in Palm Beach County, Florida or in any federal court having jurisdiction over Palm
Beach County, Florida.
Section 13. INSOLVENCY
13.01 In the event that either party shall be adjudicated insolvent, suffer or permit the appointment
of a receiver for its business or its assets, or shall avail itself of, or become subject to, any
proceeding under the Federal Bankruptcy Act or any other statute of any state relating to
insolvency or the protection of rights of creditors, or become subject to rehabilitation and such
proceeding is not discharged or vacated within one hundred twenty (120) calendar days after
the filing thereof,then, at the option of the other party or immediately upon written notice, this
Agreement shall terminate and be of no further force and affect.
Section 14. ENTIRE AGREEMENT
14.01 This Agreement contains the entire understanding of the parties relating to the subject matter
hereof superseding all prior communications between the parties, whether oral or written.
This Agreement may not be altered, amended, modified, or otherwise changed nor may any
of the terms hereof be waived. except by a written instrument executed by both parties. The
failure of a party to seek redress for violation of or to insist on strict performance of any of the
covenants of this Agreement shall not be construed as a waiver or relinquishment for the
future of any covenant, term, condition or election, but the same shall continue and remain in
full force and effect.
Section 15. SEVERABILITY AND CONFLICT
15.01 Should any part, term or provision of this Agreement be by the courts decided to be invalid,
illegal or in conflict with any law of this State,the validity of the remaining portions or provisions
shall not be affected thereby.
15.02 In the event of conflict between this Agreement and the terms and conditions set forth in any
request for proposal issued, the terms of this Agreement shall control.
Section 16. NOTICES
16.01 All notices or other communications required by this Agreement shall be in writing and
deemed delivered upon mailing by registered or certified mail,return receipt requested, hand-
delivery, overnight courier, facsimile 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 facsimile or email.
Page 12 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref CC F2 City of Boynton Beach/5000895931
As to CITY:
With copy to:
City Manager Real Estate Manager
City of Boynton Beach City of Boynton Beach
100 East Ocean Avenue 100 East Ocean Avenue
Boynton Beach, FL 33435 Boynton Beach, FL 33435
celltoweradmin@BBFL.US
City's Tower Manager:
CityScape Consultants, Inc.
2423 S Orange Ave, #317
Orlando, FL 32806
Leasing@CityScapeGov.corn
AS TO TENANT:
Cellco Partnership With copy to:
d/b/a Verizon Wireless Basking Ridge Mail Hub
Attn: Network Real Estate Attn: Legal Intake
180 Washington Valley Road One Verizon Way
Bedminster, NJ 07921 Basking Ridge, NJ 07920
Section 17. OTHER PROVISIONS
17.01 Should the CITY, at any time during the term of this Agreement, decide to sell all or part of
the Land to a purchaser other than TENANT, such sale shall be under and subject to this
Agreement and TENANT's rights hereunder, and any sale by the CITY of the portion of the
Land underlying the right-of-way herein granted shall be under and subject to the right of the
TENANT in and to such right-of-way.
17.02 Attorney's Fees. In the event that either party hereto institutes an action at law or in equity to
enforce any obligation under this Agreement. the non-prevailing party in such action shall pay
the prevailing party all actual expenses incurred in connection therewith, including reasonable
attorneys' fees through all appeals. 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 and 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
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
Page 13 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
actions authorized by this Section 17.04, it will telephonically notify TENANT by calling (800)
264-6620 as soon as practicable under the circumstances.
17.05 CITY and TENANT acknowledge that TENANT shall enter into an Agreement with Tower
Owner to collocate on the Tower and utilize the Property for Tenant's intended use hereunder.
TENANT shall diligently negotiate with Tower Owner to affect a reasonable collocation
agreement for the leasing of space on the permanent tower located on the Property. Should
TENANT not be able to negotiate a Collocation Agreement with Tower Owner within sixty(60)
calendar days after the approval of this Agreement by the CITY, this Agreement shall
terminate immediately.The CITY Purchasing Manager, however, may authorize a reasonable
extension for TENANT's negotiations with Tower Owner upon a written request for extension.
17.06 Prohibited Telecommunications Equipment. TENANT represents and certifies that TENANT
and all subcontractors do not use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system, as such terms are defined in
48 CFR§§52.204-25. TENANT represents and certifies that TENANT and all subcontractors
shall not provide or use such covered telecommunications equipment, system, or services
during the Term.
17.07 Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by
entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign
immunity by CITY nor shall anything included herein be construed as consent by CITY to be
sued by third parties in any matter arising out of this Agreement.
17.08 Regulatory Capacity. Notwithstanding the fact that CITY is a municipal corporation with
certain regulatory authority, CITY's performance under this Agreement is as a party to this
Agreement and not in its regulatory capacity. If CITY exercises its regulatory authority, the
exercise of such authority and the enforcement of applicable law shall have occurred pursuant
to CITY's regulatory authority as a governmental body separate and apart from this
Agreement, and shall not be attributable in any manner to CITY as a party to this Agreement.
Section 18. RECORDATION
18.01 CITY and TENANT agree that a Memorandum of Agreement in the form attached hereto as
Exhibit"C"shall be recorded in the Public Records of Palm Beach County, Florida by TENANT
not more than sixty (60) days after the date of full execution of this Agreement. The cost for
recordation shall be paid by the TENANT.
Section 19. DESTRUCTION OR CONDEMNATION
19.01 If the Property or the portion of the Land that contains the Tower compound or TENANT's
equipment is damaged, destroyed, condemned or transferred in lieu of condemnation, and as
a result of such damage,destruction,condemnation or transfer,TENANT reasonably believes
that its operations will be interfered with for more than forty-five(45) days, TENANT may elect
to terminate this Agreement as of the date of the damage, destruction, condemnation or
transfer in lieu of condemnation by giving notice to CITY no more than forty-five (45) days
following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If TENANT chooses not to terminate this Agreement, Rent shall be reduced
or abated in proportion to the actual reduction or abatement of use of the Property and Tower.
Page 14 of 29
OWNER Site Ref.:LEHC04-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
Section 20. ACCESS TO TOWER
20.01 CITY agrees that TENANT shall have free access across the Property to the Tower at all
times for the purpose of installing and maintaining TENANT's equipment. CITY shall furnish
TENANT with necessary means of access for the purpose of ingress and egress to this site
and Tower location. It is agreed, however, that only authorized engineers, employees or
properly authorized contractors of TENANT or CITY or persons under their direct supervision
will be permitted to enter said premises.
Section 21. WARRANTY OF QUIET ENJOYMENT
21.01 CITY warrants that CITY has the full right to make and perform this Agreement; and CITY
covenants and agrees with TENANT that upon TENANT paying the Rent and observing and
performing all the terms, covenants and conditions on TENANT's part to be observed and
performed. TENANT shall peacefully and quietly enjoy the Property.
Section 22. SUCCESSORS
22.01 This Agreement shall extend to and bind the heirs, personal representatives, successors and
assigns of the parties hereto.
Section 23. SURVIVAL
23.01 The provisions of the Agreement relating to indemnification from TENANT to CITY shall
survive any termination or expiration of this Agreement. Additionally, any provisions of this
Agreement which require performance subsequent to the termination or expiration of this
Agreement shall also survive such termination or expiration.
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 Premises
shall be conducted in compliance with all applicable environmental ordinances, rules,
regulations. statutes, orders. and laws of all local, state, or federal agencies or bodies with
Page 15 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref CC F2 City of Boynton Beach/5000895931
jurisdiction over the Premises or the activities conducted on the Premises (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
Premises 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 Premises are in complete
compliance with any applicable standards set forth under the Environmental Laws and any
standards set forth in this Agreement.
25.02 25.02 In the event TENANT breaches any of its representations, warranties, or covenants
and agreements contained in this paragraph or fails to notify CITY of the release of any
hazardous or toxic substances from the Premises, 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 Premises, 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 Premises (including all reasonable attorneys' and
paralegals' fees and reasonable court costs incurred at trial and all appellate levels) by
TENANT. In the alternative, CITY may require TENANT to clean-up the Premises 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 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 reasonable court 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 Premises due to TENANT's use of hazardous or toxic
substances on the Premises.
25.03 Diesel Generators/Soil Testing. If TENANT has installed a backup generator which uses
diesel fuel on the Property. then at least annually, on or about 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 16 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
25.04 Notwithstanding anything contained herein to the contrary, the parties hereto recognize that
TENANT is only leasing a small portion of the Land and that TENANT shall not be responsible
for any environmental condition or issue except to the extent resulting from TENANT's specific
activities and responsibilities.
Section 26. CAPTIONS, CONSTRUCTION
26.01 The captions contained in this Agreement are inserted for convenience only and are not
intended to be part of the Agreement. They shall not affect or be utilized in the construction
or interpretation of the Agreement. The terms and conditions used herein are to be construed
with their common meaning to effectuate the intent of this Agreement. All words used in the
singular form shall extend to and include the plural. All words used in the plural form shall
extend to and include the singular. All words in any gender shall extend to and include all
genders.The parties agree that each party has been represented by counsel or had sufficient
time to consult counsel before the execution of this Agreement contract. Any applicable law
that would require interpretation of claimed ambiguities against the drafting party has no
application and is expressly waived by both parties. If either party raises a claim as to any
conflict, omission, or ambiguity in the provisions of this Agreement, there shall be no
presumption or burden of persuasion that will be implied.
[SIGNATURES ON NEXT PAGE]
Page 17 of 29
OWNER Site Ref..LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach!5000895931
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,the day and year
first above written.
CITY
ATTEST CITY OF BOYNTON BEACH
i (..., _,--
spy NTON`‘„ l
City Clerk j Oar•,,�PCRAtec•.•4, ki•nnt Name.' ct� 42c.
i�itle\JC oifrfEAL . w-te: t 1 11A 1 ,
• U• ►7 II
Approved as to form: . INCORPORATED;
�14 1920;
NAIV/16 9ell a
City Attorney
TENANT
CELLCO PARTNERSHIP d/b/a Verizon Wireless
Awe' fr( *. ,07D(L x � 4�
By: .
Witn s ' / Print Name: �Cei}A I'''1 u-e•'�p'Y
Print telt) rric m. lit. Title: O tie c }..a--
Date: 07 (0-) A..),--
DErie
d. 4), ti
itnes ,,\Print: NA (.0at e-
Page 18 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref.CC F2 City of Boynton Beach/5000895931
EXHIBIT A
LEGAL DESCRIPTION OF LAND:
TOWER PARCEL:
THAT PART OF TRACT"A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; 'THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 19°23'38" WEST FOR 29.93 FEET; THENCE
NORTH 70°39'21" WEST FOR 60.34 FEET; THENCE NORTH 19°58'50" EAST FOR 30.17
FEET; THENCE SOUTH 70°26'05" EAST FOR 60.04 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,809 SQUARE FEET(0.04 ACRES),MORE OR LESS.
Page 19 of 29
OWNER Site Ref. LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
EXHIBIT B
LEGAL DESCRIPTION/DEPICTION OF TENANT LEASED PROPERTY:
DESCRIPTION:
THAT PART OF TRACT A"ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24.PAGE
223,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY.FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST;OF THE SOUTHWEST;OF SECTION 16,TOWNSHIP 45 SOUTH,
RANGE
OUT EAST O)THE SOU BEACH COUNTY
FLORIDA'55EEET TO THE INTERSECTION OF THE CENTERLINE OF NOROF THWEST 19TH
AVENUE(50 FOOT WIDE RIGHT OF WAY)WITH THE CENTERLINE OF NORTHWEST 2ND COURT(50 FOOT WIDE RIGHT OF WAY);
THENCE SOUTH 72°4739"WEST FOR 519.17 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 18°36'31"WEST FOR 11.00
FEET.THENCE NORTH 71°23'29'WEST FOR 10.33 FEET;THENCE S 18°36'31'W FOR 1.80 FEET;THENCE N71°23'29"W FOR 6.00
FEET;THENCE N18°36'31"E FOR 11.00 FEET;;THENCE S71°23'29"E A DISTANCE OF 6.00 FEET;THENCE N1836'31"E FOR 1.80 FEET;
THENCE S71°23'29"E FOR 10.33 FEET TO SAID POINT OF BEGINNING
CONTAINING 179.63 SQUARE FEET±.
LESSEE PROPOSED 6' -+- 10'-4"
EQUIPMENT CABINETS ON —
A 4'x10'CONCRETE PAD b
X................. . .X! X ..................
LESSEE PROPOSED EQUIPMENT WITHIN A -r--- - -!—F
NEW±11'x16'-4"LEASE AREA
(TOTAL OF 180 SF) • •
r1_1%
---
�. 1
LESSEE PROPOSED 30KW DIESEL r=�
GENERATOR WITH 203 DIESEL BELLY TANK X %444 � j��' i
ON AN EXISTING 6x11'CONCRETE PAD 4
/ % r. _
LESSEE PROPOSED
EQUIPMENT SECURED TO I ! 1.1
AN EQUIPMENT H-FRAME
• 1.--jarrili t
�. .•
. - X X X
/
EXISTING±144'
MONOPOLE TOWER
Page 20 of 29
OWNER Site Ref.:LEHC04-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
EXHIBIT B
LEGAL DESCRIPTION FOR INGRESS, EGRESS AND UTILITY EASEMENT:
20 FOOT WIDE NON-EXCLUSIVE INGRESS,EGRESS AND UTILITY EASEMENT.
TI[AT PART OF TRACT A .ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24. PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30"WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY): THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
NORTHEASTERLY CORNER OF AN 30 FOOT X 60 FOOT TOWER PARCEL; THENCE
SOUTH 19°23'38" WEST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR
19.90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 20 FOOT
WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE
SOUTH 66°10'27" EAST FOR 244.00 FEET; THENCE NORTH 68°57'54" EAST FOR 44.16
FEET; THENCE SOUTH 21°08'02" EAST FOR 74.13 FEET; THENCE SOUTH 66°10'27"
EAST FOR 262.06 FEET; THENCE NORTH 84°24'38" EAST FOR 106.00 FEET; THENCE
SOUTH 41°40'03" EAST FOR 51.93 FEET TO POINT "A"; THENCE NORTH 39°42'09"
EAST FOR 24.08 FEET; THENCE NORTH 82°49'18" EAST FOR 287.37 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SEACRE,,ST
BOULEVARD(80 FOOT WIDE RIGHT-OF-WAY)AND A POINT OF TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT "A"; THENCE
SOUTH 39°42'09"WEST FOR 40.46 FEET TO THE POINT OF CURVATURE OF A CURVE
TO THE LEFT,SAID CURVE HAVING A RADIUS OF 200.00 FEET,A CENTRAL ANGLE
OF 94°21'18", AND A CHORD OF 239.39 FEET THAT BEARS SOUTH 07°28'30" EAST,
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR 329.36 FEET TO A
POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 50.00 FEET,A CENTRAL ANGLE OF 55°56'40",AND A CHORD
OF 46.90 FEET THAT BEARS SOUTH 26°40'50" EAST, THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE FOR 48.82 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 01°17'30" WEST FOR 71.48 FEET TO AN INTERSECTION WITH THE
NORTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE
RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
CONTAINING 31.475 SQUARE FEET(0 72 ACRES),MORE OR LESS
Page 21 of 29
OWNER Site Ref.'LEHCO4-Hester Park •
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
EXHIBIT B
DEPICTION FOR INGRESS, EGRESS AND UTILITY EASEMENT:
t / ::::F....:;:::::;':-:;::':',-,•;.—
... �,: r'. •..... i 1
r �wwerupJ+►rwe4
•
1 f 1 ; - 441
w �, t, [:7
112014 .,
79£ ........ MIMaMa aow+ut ` A��wtww«+� �v ��
OMIUCISIIf
.:ya 111=1„. OVERALL SITE PLAN WI AERIAL
N..MKIT I
.•nrlWatr•..a
rarow MOaanora
MON
IOO111 l.•4.0)0.0 1.10W-1410o'�•a~ITER COROROT 0 KV"`
N •••• <aOR{ON faitlt WaraM'lal
- � •- ppr•y yla eyl MlalSMa. ..Y«V'aIO VEWP1rgr1.1M M
IMVO .i.11IIM r .__ T '••. .••. rni,..J�lataMlp — ._
amrularuwt a. y. MaoNO N�r$ O.00TM WO/
do
•'"' •"•'n'' • • • • • • a
'� 4L«IM['IMY,n,.o nsz'.t 4a�111Mp
NaTt4 a MaV aw.MMNRla.NM11laYn
>iI - :J 'Fr-. I. _� a1.1f..•1„T«l Ma Wi.nRGrti.K , ,MaI
nq+0YON4araauMwr..-.
«�Iwr•Wr•..1•M0•UYa • a a
lI1Al1a•NaI.1Yn yyy
nolaeamaaaoaoaoanay ��... } I
aOLMfat*mow a mail+►vet �Inl1I4
ammnwl•rromenno I' /- 71�)laa
MaIO�aVaaNa• ..�.=.." �. 1 "J I �/ .1.11 "
ow »�, 4__._:
L f ,1 % t t x Y 1t a l .. j /
_ —
IUE:1'fa•IJ. -- — — —
Y'ipaA! —
rq
MCtOMYM4
OltallaC SCALE
O s IL
ENLARGED SITE PLAN
Page 22 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
EXHIBIT C
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Bonnie Bolz Merkt, Esq.
Ginsberg Jacobs LLC
300 South Wacker Drive, Suite 2750
Chicago, Illinois 60606
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 Cellco Partnership, a Delaware general
partnership d/b/a VERIZON WIRELESS, with its principal offices located at One Verizon Way. Mail Stop
4AW100. Basking Ridge, New Jersey 07920 (hereinafter referred to as "Tenant").
1. Owner and Tenant entered into a Collocation 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 for five (5)years commencing upon the
first day of the month immediately following the date upon which Tenant is granted a building permit by the
governmental agency charged with issuing such permits, with four (4) successive five (5) 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 is described in Exhibit"B1" attached hereto.
[Signatures appear on the following page.]
Page 23 of 29
OWNER Site Ref LEHCO4-Hester Park
TENANT Site Ref CC F2 City of Boynton Beach/5000895931
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 24 of 29
OWNER Site Ref.: LEHCO4-Hester Park
TENANT Site Ref CC F2 City of Boynton Beach/5000895931
TENANT:
Cellco Partnership d/b/a Verizon Wireless
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 Cellco Partnership, a
Delaware general partnership d/b/a Verizon Wireless, 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:
Pagc 25 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
MEMORANDUM OF AGREEMENT
EXHIBIT Al
LEGAL DESCRIPTION OF LAND:
TOWER PARCEL:
THAT PART OF TRACT"A", ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 19°23'38" WEST FOR 29.93 FEET; THENCE
NORTH 70°39'21" WEST FOR 60.34 FEET; THENCE NORTH 19°58'50" EAST FOR 30.17
FEET; THENCE SOUTH 70°26'05" EAST FOR 60.04 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,809 SQUARE FEET(0.04 ACRES),MORE OR LESS.
Page 26 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach!5000895931
MEMORANDUM OF AGREEMENT
EXHIBIT B1
LEGAL DESCRIPTION/DEPICTION OF TENANT LEASED PROPERTY:
DESCRIPTION:
THAT PART OF TRACT"A"ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24,PAGE
223,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEASTCOF THE SOUTHWEST OF SECTION 16, TOWNSHIP 45 SOUTH,
RANGE
OU HEAST7 Ok PALM WEST FOFLORIDA'.
7555..55 PEET TO THE INTERSECTION
OF THE CENTERLINE OF NOR OF SAID
19TH
AVENUE(50 FOOT WIDE RIGHT OF WAY)WITH THE CENTERLINE OF NORTHWEST 2ND COURT(50 FOOT WIDE RIGHT OF WAY);
THENCE SOUTH 7204739'WEST FOR 519.17 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 18°36'31"WEST FOR 11.00
FEET;THENCE NORTH 71°2329'WEST FOR 10.33 FEET;THENCE S18°36'31"W FOR 1.80 FEET;THENCE N71°23'29'W FOR 6.00
FEET;THENCE N18°36'31"E FOR 11.00 FEET;THENCE S71°23'29"E A DISTANCE OF 6.00 FEET;THENCE N18°3631"E FOR 1.80 FEET;
THENCE S71°23'29"E FOR 10.33 FEET TO SAID POINT OF BEGINNING.
CONTAINING 179.63 SQUARE FEET±.
LEGAL DESCRIPTION FOR INGRESS, EGRESS AND UTILITY EASEMENT:
20 FOOT WIDE NON-EXCLUSIVE INGRESS,EGRESS AND UTILITY EASEMENT.
THAT PARI OF TRACT"A".ROLLING GREEN RIDGE FIRST ADDITION.AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24. PAGE 223,OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA,LYING WITHIN 10 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY,FLORIDA;THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 50537 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30"WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY).THENCE SOU'I'E1 72°02'30" WEST FOR 481 47 FEET TO THE
NORTI(EASTERLY CORNER OF AN 30 FOOT X 60 FOOT TOWER PARCEL;THENCE
SOUTH 19°23'38"WEST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR
19.90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 20 FOOT
WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE
SOUTH 66°10'27"EAST FOR 244.00 FEET;THENCE NORTH 68°5T54"EAST FOR 44.16
FEET; THENCE SOUTH 21°08'02" EAST FOR 74.13 FEET; THENCE SOUTH 66°10'27"
EAST FOR 262.06 FEET;THENCE NORTH 84°24'38"EAST FOR 106.00 FEET;THENCE
SOUTH 41°40'03" EAST FOR 51.93 FEET TO POINT "A"; THENCE NORTH 39°42'09"
EAST FOR 24.08 FEET; THENCE NORTH 82°49'18" EAST FOR 287.37 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST
BOULEVARD(80 FOOT WIDE RIGHT-OF-WAY)AND A POINT OF TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE;THENCE RETURN TO SAID POINT"A";THENCE
SOUTH 39°42'09"WEST FOR 40.46 FEET TO THE.POINT OF CURVATURE OF A CURVE
TO THE LEVI',SAID CURVE HAVING A RADIUS OF 200.00 FEET,A CENTRAL ANGLE
OF 94°21'18", AND A CHORD OF 239.39 FEET THAT BEARS SOUTH 07°28'30" EAST,
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR 329.36 FEET TO A
POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 50.00 FEET,A CENTRAL ANGLE OF 55°56'40",AND A CHORD
OF 46.90 FEET TI IAT BEARS SOUTH 26°40'50" EAST, THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE FOR 48.82 FEET TO A POINT OF'TANGENCY;
THENCE SOUTH 01°17'30" WEST FOR 71.48 FEET TO AN INTERSECTION WITH THE
NORTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE
RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
CONTAINING 31,475 SQUARE FEET(0.72 ACRES),MORE OR LESS.
Page 27 of 29
OWNER Site Ref. LEHCO4-Hester Park
TENANT Site Ref.CC F2 City of Boynton Beach/5000895931
EXHIBIT D
TENANT EQUIPMENT LISTING
FREQUENCIES ASSIGNED TO TENANT BY THE FCC FOR USE ON THE PROPERTY
TX: 1950.000-1965.000, 746.000-757.000, 2110.000-2130.000, 3700.000-3860.00
RX: 1870.000-1885.000, 776.000-787.000, 1710.000-1730.00, 3700.000-3860.000
Page 28 of 29
OWNER Site Ref.:LEHCO4-Hester Park
TENANT Site Ref:CC F2 City of Boynton Beach/5000895931
EXHIBIT E
RENT SCHEDULE
Year 1 $ 9,000.00
Year 2 $ 9,270.00
Year 3 $ 9,548.10
Year 4 $ 9,834.54
Year 5 $ 10,129.58
Year 6 $ 10,433.47
Year 7 $ 10,746.47
Year 8 $ 11,068.86
Year 9 $ 11,400.93
Year 10 $ 11,742.96
Year 11 $ 12,095.25
Year 12 $ 12,458.10
Year 13 $ 12,831.85
Year 14 $ 13,216.80
Year 15 $ 13,613.31
Year 16 $ 14,021.71
Year 17 $ 14,442.36
Year 18 $ 14,875.63
Year 19 $ 15,321.90
Year 20 $ 15,781.55
Year 21 $ 16,255.00
Year 22 $ 16,742.65
Year 23 $ 17,244.93
Year 24 $ 17,762.28
Year 25 $ 18,295.15
Page 29 of 29
CFN 20250425605
OR BK 36167 PG 1160
RI:CORDED 12/3/2025 11:00 AM
Palm Beach County.Florida
Michael A.Caruso.Clerk
Pgs: 1160-1164;(5pgs)
RECORDED AT REQUEST OF,AND
WHEN RECORDED RETURN TO:
Bonnie Bolz Merkt, Esq.
Ginsberg Jacobs LLC
300 South Wacker Drive, Suite 2750
Chicago, Illinois 60606
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on '(1P3O°x ' ,p!C \E51 ,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 Cellco Partnership,a Delaware
general partnership d/bla VERIZON WIRELESS,with its principal offices located at One Verizon Way,Mail
Stop 4AW100, Basking Ridge, New Jersey 07920(hereinafter referred to as'Tenant").
1. Owner and Tenant entered into a Collocation 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 for five(5)years commencing upon
the first day of the month immediately following the date upon which Tenant is granted a building permit by
the governmental agency charged with issuing such permits, with four(4) successive five (5)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 is described in Exhibit"B1" attached hereto.
[Signatures appear on the following page.]
RECORDED
DEC 0 3 2025
PALM BEACH COUNTY,FL
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Bonnie Bolz Merkt, Esq.
Ginsberg Jacobs LLC
300 South Wacker Drive, Suite 2750
Chicago, Illinois 60606
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on 'f1C10A rnOpp'c \% , 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 Cellco Partnership, a Delaware
general partnership d/b/a VERIZON WIRELESS,with its principal offices located at One Verizon Way, Mail
Stop 4AW100, Basking Ridge, New Jersey 07920 (hereinafter referred to as"Tenant").
1. Owner and Tenant entered into a Collocation Agreement ("Agreement") dated as of
'C 7P \1‘ , 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 for five (5) years commencing upon
the first day of the month immediately following the date upon which Tenant is granted a building permit by
the governmental agency charged with issuing such permits, with four(4) successive five (5) 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 is described in Exhibit"B1" attached hereto.
[Signatures appear on the following page.]
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:
Name:
kl JOQYI'
Title: \j\(Q LL. .1'"
Date: \\\
CITY NOTARY:
STATE OF -NAL C�—
COUNTY OF — ` .
On )NeMbel i p , 2025, before me,
Notary Public, p rsonally iappeared (by means of _ ph cal presence or online
notarization)\1jfl �YZ51.1) Ftcj V tr ,,Mayor,for the City of Boynton Beach, a municipal corporation,
personally known to me (or prob'e'd 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.
WIT'' S my hand and - ial seal.
,,•''`'''JEttttttt S(! �
06$ (SEAL) P • PUB(/S ,
Notary Pub �oP C
SS10N
My commis ion expires: MY COt 2,2-2029
EXPIRES .^
0T'9TE OF F,'• •Z'r/
SSIpN'iN''MO ,''�
TENANT:
Cellco Partnership d/b/a Verizon Wireless
By: Z'- /-1
Name: Keifk Muni;ly`
Title. yi'Aeep 0%(es/ol''
Date: 9' 3 zoxr
PROVIDER N OTfARY:
STATE OF FiodCl.
COUNTY OF fhii (310
— 1' ' 4- 20 , 2025, before me,
POi(c , Notary Public, perg9nally appeared (by means of _
physical presence or online notarization) 111(17.6,_ (Name),
(Title), for Cellco Partnership, a Delaware general partnership d/b/a
Verizon Wireless, 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. _
+k�' 's LAUREN MCLEMORE
me .vno y(., (SEAL) WY COMMISSION NH 651752
otary Public ,,,.,'.. EXPIRES:March 16,2029
a yaws'a. ■
My commission expires:
iti►ii /-7,152 /G�
MEMORANDUM OF AGREEMENT
EXHIBIT Al
LEGAL DESCRIPTION OF LAND:
TOWER PARCEL:
THAT PART OF TRACT"A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 19°23'38" WEST FOR 29.93 FEET; THENCE
NORTH 70°39'21" WEST FOR 60.34 FEET; THENCE NORTH 19°58'50" EAST FOR 30.17
FEET; THENCE SOUTH 70°26'05" EAST FOR 60.04 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,809 SQUARE FEET(0.04 ACRES),MORE OR LESS.
MEMORANDUM OF AGREEMENT
EXHIBIT B1
LEGAL DESCRIPTION/DEPICTION OF TENANT LEASED PROPERTY:
DESCRIPTION:
THAT PART OF TRACT"A"ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24,PAGE
223,OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST}OF THE SOUTHWEST i OF SECTION 16, TOWNSHIP 45 SOUTH,
RTE3STBEACH755.55
• HOEOF T;OPHSU HWE ;FdIFYR 555..55PETHENCE THE INTERSECTION THE CENTERLINE LINE
19TH
AVENUE(50 FOOT WIDE RIGHT OF WAY)WITH THE CENTERLINE OF NORTHWEST 2ND COURT(50 FOOT WIDE RIGHT OF WAY);
THENCE SOUTH 72°4719"WEST FOR 519.17 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 18°3611"WEST FOR 11.00
FEET:THENCE NORTH 71°23'29"WEST FOR 10.33 FEET;THENCE S 18°36'31"W FOR 1.80 FEET;THENCE N71°23'29"W FOR 6.00
FEET;THENCE N18°36'31"E FOR 11.00 FEET;THENCE S71°23'29"E A DISTANCE OF 6.00 FEET;THENCE N18"36'31"E FOR 1.80 FEET;
THENCE S71"23'29"E FOR 10.33 FEET TO SAID POINT OF BEGINNING.
CONTAINING 179.63 SQUARE FEET±.
LEGAL DESCRIPTION FOR INGRESS, EGRESS AND UTILITY EASEMENT:
20 FOOT WIDE NON-EXCLUSIVE INGRESS,EGRESS AND UTILITY EASEMENT:
THAT PART OF TRACT"A",ROLLING GREEN RIDGE FIRST ADDITION,AS PER PLAT
THEREOF RECORDED TN PLAT BOOK 24. PAGE 223,OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN
FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF
NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE
CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY);
THENCE CONTINUE NORTH 87°48'30"WEST ALONG SAID NORTH LINE AND ALONG
SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND
NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST
19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT
WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE
NORTHEASTERLY CORNER OF AN 30 FOOT X 60 FOOT TOWER PARCEL; THENCE
SOUTH 19°23'38"WEST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR
19.90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 20 FOOT
WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE
SOUTH 66°10'27"EAST FOR 244.00 FEET:THENCE NORTH 68°57'54"EAST FOR 44.16
FEET; THENCE SOUTH 21°08'02" EAST FOR 74.13 FEET; THENCE SOUTH 661 0'27"
EAST FOR 262.06 FEET;THENCE NORTH 84°24'38" EAST FOR 106.00 FEET;THENCE
SOUTH 41°40'03" EAST FOR 51.93 FEET TO POINT "A"; THENCE NORTH 39°42'09"
EAST FOR 24.08 FEET; THENCE NORTH 82°49'18" EAST FOR 287.37 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST
BOULEVARD(80 FOOT WIDE RIGHT-OF-WAY)AND A POINT OF TERMINUS OF THE
HEREIN DESCRIBED CENTERLINE;THENCE RETURN TO SAID POINT"A"; THENCE
SOUTH 39°42'09"WEST FOR 40.46 FEET TO THE POINT OF CURVATURE OF A CURVE
TO THE LEFT,SAID CURVE HAVING A RADIUS OF 200.00 FEET,A CENTRAL ANGLE
OF 94°21'18", AND A CHORD OF 239.39 FEET THAT BEARS SOUTH 07°28'30" EAST,
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR 329.36 FEET TO A
POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 50.00 FEET,A CENTRAL ANGLE OF 55°56'40",AND A CHORD
OF 46.90 FEET THAT BEARS SOUTH 26°40'50" EAST, THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE FOR 48.82 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 011 730" WEST FOR 71.48 FEET TO AN INTERSECTION WITH THE
NORTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE
RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
CONTAINING 31,475 SQUARE FEET(0.72 ACRES),MORE OR LESS.
MEMO
U
Office of the City Clerk
To: Gail Mootz
From: Tammy Stanzione, CMCel
Date: November 20, 2025
RE: R25-293 Agreement& MOA With Cellco Partnership d/b/a Verizon Wireless
Attached is a copy of Resolution No. R25-293 that was approved at the City
Commission Meeting of November 18, 2025.
PER RESOLUTION SECTION 5. One original fully executed Agreement shall be
retained as a public record of the City by the City Clerk. The other original fully
executed Agreement shall be provided to Gail to provide to Cellco Partnership d/b/a
Verizon Wireless.
PER RESOLUTION SECTION 6. One original fully executed MOA shall be provided
to Gail Mootz to provide to Cellco Partnership d/b/a Verizon Wireless. The City Clerk
shall record the other fully executed MOA in the Public Records of Palm Beach
County. The City Clerk shall provide a copy of the recorded MOA to Gail Mootz to
provide to Cellco Partnership d/b/a Verizon Wireless.
If you have any questions or concerns, please do not hesitate to contact me at
extension 6062.
Thank you for your assistance.