R03-167
, I
RESOLUTION NO. R03- I b 1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE EXECUTION OF THE EIGHT AMENDMENT TO
TOWER SITE LEASE AND JOINT USE AGREEMENT
WITH AT&T AND PALM BEACH COUNTY; AND
PROVIDING AN EFFECTNE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
ecommendation of staff, hereby deems it to be in the best interests of the citizens and
esidents of the City of Boynton Beach, to approve the Eight Amendment to Tower Site
ease and Joint Use Agreement with AT&T and Palm Beach County; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
ereby approve, and authorizes the City Manager to execute the Eight Amendment to Tower
Site Lease and Joint Use Agreement between the City of Boynton Beach, AT&T and Palm
each County, a copy of which Agreement is attached hereto.
Section 2.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of October, 2003.
A TrEST:
/:>,(,y.
Commissioner
S:\CA\RESO\Agreements\Joint Use Agreement PBC - AT&T Tower Site Lease.doc
R03-/t, 7
************************************************************************
EIGHTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
between
CITY OF BOYNTON BEACH,
AT &T WIRELESS SERVICES OF FLORIDA, INC.
and
PALM BEACH COUNTY, FLORIDA
************************************************************************
Exhibits:
Exhibit "G" - Antenna Tower Schematics
C:\Documenls and Sellings\Larry Helmich\Local Sellings\Temp\City ofBoynlon Beach.At&T Tower.8th Amendment. FinaL 10.07.03. wpd
K ()~- rb r
EIGHTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
THIS EIGHTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE
AGREEMENT(R-99-311-D), is made and entered into this l day of OcTOHi:R~
2003, by and between The City of Boynton Beach, Florida, a municipal corporation
(~CITYil), AT&T Wireless Services of Florida, Inc. a Fl()noa coipl)l'ationf"AT&r'), 1md
Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as
("COUNTY").
WITNESSETH:
WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into
that certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 (the
"Original Lease") for the construction of a 320-foot self-supporting communications tower
upon the Premises; and
WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the
successor in interest to West Palm Beach Cellular Telephone Company, entered into that
certain Amendment to Tower Site Lease and Joint Use Agreement, dated June 21, 1988 (the
"First Amendment"); and
WHEREAS, CITY and Palm Beach Cellular Telephone Company, as successor in
interest to Palm Beach County Cellular Telephone Company, entered into that certain
Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20, 1989
(the "Second Amendment"); and
WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille
as Sheriff of Palm Beach County, entered into that certain Joint Use Agreement dated August
22, 1989 (the "Third Amendment"); and
WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular
Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and
Joint Use Agreement in 1998 (the "Fourth Amendment"); and
WHEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower
Site Lease and Joint Use Agreement dated February 23, 1999'(the "Fifth Amendment"); and
WHEREAS, CITY, AT&T and COUNTY entered into a Sixth Amendment to Tower
Site Lease and Joint Use Agreement dated June 5, 2001 (R2001-0867)(the "Sixth
Amendment") in order to modify the legal description and authorize the County to install a
generator with fuel tanks; and
WHEREAS, CITY, AT&T and COUNTY entered into a Seventh Amendment to
Tower Site Lease and Joint Use Agreement dated May 21,2002 (R2002-0766)(the "Seventh
Amendment") to allow AT&T to install new antenna and transmission lines to accommodate
new third generation Global System Mobil technology. The Original Lease, as amended by
the First Amendment, the Second Amendment, the Third Amendment, the Fourth
Amendment, the Fifth Amendment, the Sixth Amendment and the Seventh Amendment is
hereinafter referred to as the "Tower Site Lease"; and
WHEREAS, in order to accommodate the CITY OF BOYNTON BEACH desire to
replace and relocate an existing antenna to improve coverage, it is necessary to modify and
replace the Antenna Tower Schematics exhibit of the Tower Site Lease.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and various other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. All defined terms as used herein shall have the same meaning and effect as in the
Tower Site Lease.
2. Exhibit "G" (Antenna Tower Schematics) attached to the Seventh Amendment to
the Tower Site Lease shall be replaced with Exhibit "G" (Antenna Tower Schematics)
attached hereto.
3. Except as modified by this Eighth Amendment, the Tew~r Site Lease relOOin5
unmodified and in full force and effect in accordance with the terms thereof.
IN WITNESS WHEREOF, COUNTY, AT&T, and CITY have executed this
Agreement, or have caused the same to be executed by their duly authorized representatives,
as of the day and year first above written.
WITNESS:
By:
A T& T WIRELESS SERVICES OF
FLORIDA, INC. a Florida corporation
print name
By:
By:
Print Name and Title
print name
(SEAL)
. P~/~.t)
THE CITY OF BOYNTON BEACH,
FLORIDA, a municipal corporation
of the State fFlorida
APPROVED AS TO FORM
AND LEGAL SUFFI~Y
~ C1J V\-- l\)(I\{\03
City Attorney
By:
Print Name and Title
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, FL
ATTEST:
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State of Florida
DOROTHY H. WILKEN, Clerk
By:
By:
Karen T. Marcus, Chair
Deputy Clerk
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By:
Assistant County Attorney
By:
Audrey Wolf, Director
Facilities Development & Operations
Exhibit "G"
(Antenna Tower Schematics)
NOTES.
JL...ID: 1. SEE ATTACHED TABLE FOR ANTENNA AND CABLE
DETAILS.
2. THE DRAWING IS CONCEPTUAL ONLY AND NOT TO
BE CONSIDERED A CONSTRUCTION DRAWING. THE
DRAWING IS NOT TO SCALE.
14 275'
IS 4. SITE lOCATION DETAILS,
lA T I TUDE. 26-32-28N
110 LONG I TUDE. 80-04-18W
235' TOWER HEIGHT AGl. 306 FEET
FACE WIDTH AT GROUND. 40 FEET
SITE ELEVATION AHSL. 18 FEET
TOWER ORIENTATION. S = 180 DEGREES
113 112 NW = 300 DEGREES
NE = 60 DEGREES
114.15.16,17
nL.2OC
130'
120 100'
100'
100'
NW
NE
NW
s
~ 800 ~z TX
'\ANTENNAS
CITY OF BOYNTON BEACH
COMMUNICA TIONS TOWER
NO.
REVISIONS
DATE
12/31/01
ADDED ANTENNAS 117.27.&28
2 EXCHANGE ANTENNA 12 DB810 FOR A BMR-12 9/15/03
PALM BEACH COUNTY
TECHNICAL INFRASTRUCTURE
DIVISION
SHEET
FILE: G: \ENGINEERING\SITES\BOYNTON\BOYNTON.DWG 1 OF 1
DATE: 9/15/03
Exhibit "G"
(Antenna Tower Schematics)
PALM BEACH COUNTY TECHNICAL INFRASTRUCTURE DIVISION
BOYNTON BEACH TOWER ANTENNA LIST
SEPTEMBER 15, 2003
1 DB810 DECIBEL BOYNTON BEACH TRUNKING SYSTEM 315' S
2 BMR-12-0 CELWAVE BOYNTON BEACH TRUNKING SYSTEM 295' NW
3 DB810 DECIBEL BOYNTON BEACH TRUNKING SYSTEM 275' S
4 BMR12-B CELWAVE COUNTY TRUNKED SYSTEM INPSPAC} 275' NW
5 BMR 12-B CELWAVE COUNTY TRUNKED SYSTEM INPSPACI 275' NE
6 BMR12-B CELWAVE COUNTYTRUNKEDSYSTEM(NPSPACI 245' NW-S
.-
7 BMR12-B CELWAVE COUNTY TRUNKED SYSTEM fNPSPAC} 245' NW-S
8 BMR12-B CELWAVE COUNTYTRUNKED SYSTEM fNPSPAC} 245' NW-S
9 BMR12-B CELWAVE COUNTYTRUNKEDSYSTEMfNPSPACI 245' NW-S
10 DB264 DECIBEL SHERIFF'S OFFICE VHF RECEIVE 235' NW
11 4' GRID DISH DECIBEL MICROWAVE TO BOYNTON BEACH CITY HALL 235' S
12 PAR8-59A DECIBEL COUNTY MICROWAVE TO EOC 200' NW
13 DB264 DECIBEL FBI VHF RECEIVE 200' NE
14 DB564 DECIBEL A T& T WIRELESS CELLULAR ANTENNAS 150' NE
15 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 150' NE
16 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 150' NE
17 7262.01 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3G 150' NE
18 PAR6-65A DECIBEL COUNTY MICROWAVE TO SOUTH EMS 130' S
19 PO 455 ANDREW BOYNTON BEACH MOBILE DATA SYSTEM 100' S
20 DB222 DECIBEL MOSCAD VHF BACKUP ANTENNA 100' NW
21 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S
22 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S
23 DB564 DECIBEL A T& T WIRELESS CELLULAR ANTENNAS 100' NW-S
24 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S
25 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S
26 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S
27 7262.01 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3G 100' NW-S
28 7262.01 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3G 100' NW-S
29 VHF Y AGI DECIBEL UNKNOWN 20' NE
1. ANTENNA 4 IS RECEIVE ONLY ON THE FREQUENCIES LISTED. ANTENNA 5 IS RESERVED FOR FUTURE USE.
2. ANTENNAS 6,7,8.&9 ARE TRANSMIT ONLY ON THE FREQUENCIES LISTED.
3. COUNTY MICROWAVE FREQUENCIES AND ERP TO BE DETERMINED AS PART OF THE
800 MHZ SYSTEM DESIGN. MICROWAVE DISH LOCATIONS MAY BE MODIFIED TO MEET THE
DESIGN REQUIREMENTS.
4. ANTENNAS 17,27 &28 ADDED BY AT&T 12/31/01 FOR 3G REQUIREMENTS
5. CITY OF BOYNTON BEACH CHANGED ANTENNA #2 DB810 TO A BMR12-0 9/15-03
rR DJ-'/h7
The City of Boynton Beach
100 E Boynton Beach Boulevard
p.o. Box 310
Boynton Beach, Florida 33425-0310
~\\:.o~
~". ",.f.
> .}'" ....
\';J;
-"0 N €>
October 13, 2003
Mr. Michael S. Brown
AT&T Wireless
10603 Cape Hatteras Drive
Tampa, Florida 33615
Dear Michael,
Enclosed are two original of the Eight Amendment To Tower Site Lease and Joint Use Agreement.
As indicated in the letter from Larry J. Helmich they require all entities sign and return to the County
to be presented at their commission meeting. Fully executed copies will be sent after the County
approves the amendment.
I realize from our conversation it may not be possible to get the required signatures and return the
documents to me by October 20, 2003. I appreciate your attempts to expedite to the extent possible..
If you have questions I can be reached at (561)742-6032.
Sincerely,
<l~i .'
,/ 7(,/ t-t. <. J
/
/)
Y lie \.L ~'-, ~f
Phyllis Dixon
Facilities Development
&. Operations Department
Property &. Real Estate
Management Division
3323 Belvedere Road, Building 503
West Palm Beach, FL 33406
(561) 233~0200
FAX: (561) 233-0210
wwwpbcgov.com
.
Palm Beach County
Board of County
Commissioners
Karen T M'arcus, Chair
Tony Masilotti, Vice Chairman
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
Addie L. Greene
County Administrator
Robert Weisman
"'An Equal Opportunity
Affirmative Action Employer"'
October 9, 2003
City of Boynton Beach
Phyllis Dixon
Communication System Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Ms. Dixon:
Please find attached the Eighth Amendment To Tower Site Lease
and Joint Use Agreement (two originals). Please have the approved
City official and City attorney sign the two amendments.
Due to your ongoing dialogue with AT&T concerning this
amendment, I would request that you forward the two originals to
AT&T for execution. The County requires proof of the signatory
authority form AT&T. To that end, I have attached two letters from
a past transaction amendment which you may wish to forward to
AT&T to assure they supply us with the correct authorization
information, although the actual parties referenced therein may have
changed. Please have AT&T return the amendments/documents to
you, and you can forward same back to me. I appreciate your help
concerning this matter as the County attempts to expedite your
request. I am hoping to make the Board of County Commissioners
board meeting of November 18, 2003. In order to make this
meeting, I need both copies of the enclosed amendment returned as
soon as possible. I need to turn in the completed Board package,
which includes the two copies of the amendment by October 20.
2003. If it will help AT&T, they can fax the signatory authority
directly to me (561-233-0210 [make sure they cc you with same])
and send the originals thereafter.
Thank you for your assistance concerning this matter.
My direct phone number is 561-233-0237 if you have questions.
L._
WithreS~i:r ~~
Larry J. e1mich, CPM
Real Es~ate Specialist
c. Richard Bogatin, Manager, Property Management
t;.\Prnnprf" I\;{......,.. \.'......;~.....,.....__. .
'W
January 10, 2002
~
-=- ==AT&TWireless
-
To: Larry Helmich
Palm Beach County Property and Real Estate Department
3323 Belvedere Road, Bldg 503
West Palm Beach, FL 33406
561-233-4400
3405 Forest Hill Blvd.
West Palm Beach, Fl. 33406
Re:
Site Name:
Lease DOC #:
AT&T Site #:
Site Address:
LETTER OF REQUEST
Boynton 8each
U-2001-0867
WP05 (WP80044)
551 NW 15th Avenue, 8oynton 8each, FL
Mr. Helmich,
As a 'esnll of lechnologkol changes and impmvemenls, AT&T wHl be modifying ils lelecommnnicalion
sile localed at Ihe above add,ess. Cnrrenlly there are six (6) anlennas al Ihe 98' height and Ihree (3) al Ihe
149' height. AT&T will add Iwo (2) new anlennas al Ihe 98' heigh~ and one (J) aolenna al the 149' heighl.
and Iwo (2) new I 518" cables fo, each new anlenna, fo, a lOlal of six (6) new cables. The new antennas
will I,"nsmil between /945.0000-1950.0000 m,d recei ve betweeo 1865.000-1870.000 f'''Inendes.
Michael Inlian, System Development Manag", has anlhO';ly to sign lease amendments. Enclosed is
confo,m.lion of his anlho,;,alion. If .ny additional infonnalion is reqnired please COntacI Linda Socolow'I
954-868-1805, whn i, wi Ih 02 Wi,ele" Solnt iOl", Inc., which has a snbeonl,"cI wi Ih Bechlel, relaled 10
the deployment of the installation.
Sincerely,
, .I) ( )
"7.. .'J ~ ... ( / ~ j ...i--
/' (t....,. . _
i/
Michael J. Julian
r0iJ
'0<,:; Recycled PClper
I
.-.
CERTIFICATE OF ASSISTANT SECRETARY
OF
AT&T WIRELESS SERVICES OF FLORIDA, INC.
The undersigned, Donise E. Brown. certifies:
I am a duly eJected, qualified and acting Assistant Secretary of AT&T Wireless Services of
Flodda, I no., a Flodda wpo"" ion, and ,hal as suoh I am au'hodzod 10 'OnHy on beha I f of 'he C o'po,"Hnn,
Iha..he fOllowing Is a 'rue and OOITeol OOpy of ,esoluHons duly adop'ed by 'he BO",d of Di"oI0" of said
CO",","llon on July 05, 200' , and 'ha. said ,esolu'ions have no. been "sdnded, mod lfoed 0' "pea led and
remain in full force and effect on the date hereof.
RESOL VEO, .h" Michael JuHan, SYSlem Development Manag" ("Authodzed Employee") shall
have 'he aU'holl.y.o ent" In'n and sign leases amendments, easemen.s and "I"ed oon''"o" 0' doouments
fo, p<openy loo"ed withIn the S.ale of Flo,ida '0 be used fo, oommunic"'ons fadllHes, so long as .he 10'a'
soheduled payments du,lng the fo", 5 yea" of any panlcul", lease, Inoludlng pOlemlal "newals of leases
wl.h an 'n"'alleon of less than 5 yea", exoJuding adjuSlments based upon an InOallon Index, do no. ex 'Oed
$250,000.00, on behalf of .hls Co,!,o,"Hon, wheth" the Co,!,o,,,lon Is aOllng on Its own 0' as agen. fo,
A T&T Wireless Services of Florida, Inc.
FUR TH ER RESOL V EO, 'h" any aoHons P"vlously 'aken by Au.hodzed Employees wl.h 'espeOl
'0 leases fo, oommunicallons fadllHes Is h"eby ''''foed, .h" 'he aU'hodty g,"nled h"eby shall "main In
effeOl until ellh" (a) "neeled by .he BO",d, n, (b) A u'hodzod Employee Is no long" employed by AT&T
Wireless Services of Florida, Inc. or one of its subsidiaries; and
FURTHER RESOLVED, th" 'hls "solu.ion SUpe"edes any p"o"esoluHon oflhe BO",d g"mlng
special authority to Authorized Employees.
IN WITNESS WHEREOF, I have signed this Certificate on the 18th day of January, 2002.
A T&TWireless Services of Florida, Inc.
f