R98-193RESOLUTION NO. R98-Iq3
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO
THE TOWER SITE LEASE AND JOINT USE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND AT&T WIRELESS AND PALM BEACH
COUNTY COMMUNICATIONS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission has
determined that it is in the best interests of the residents of the City to execute
Amendments to the. Tower Site Lease and Joint Use Agreement with AT&T
Wireless and Palm Beach County Communications; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute
Amendments to the Tower Site Lease and Joint Use Agreement with AT&T
Wireless and Palm Beach County CommuniCations, attached hereto as Exhibit
PASSED AND ADOPTED this
ATTEST:
(Corporate Seal)
s~R~o~g~T&T Tower'~
day of December, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
vi'ce M~ :~
or Pro Tem
Cell Site WP-05
"Boynton'
THIS FOURTH AMENDMENT TO TOWER SIT~ LEASE AND JOINT USE
AGREEMENT (this "Amendment") is entered into ~ :day of ,
1998, by and ,between the CITY OF BOYNTON BEACH, a municipal corporation organized
under the laws of~tbe State of Florida ("Lessor"), AT&T WIRELESS SERVICES OF
LORIDA, INC., a Florida corporation ("Lessee"), pr. edeeess~ ~ in interest to "Palm
~each CeHu~z~' Telephoner Corupally, a Florida general parme~h'.m" ("Paxmership"), which was the
mdeeess~ ~ in .interest to "Palm Beach County Cellular Telephone Co?any, West
aka Beach, Florida" ~ Ce~dm'"),'which was the pmdeees~l, ~ in interest to
~est Palm Beach Cell-i~r Telephone Company, Riveria Beach, Florida" ("WP Cellular"), and
ALM BEACH COUNTY, joined by the SHERIFF OF PALM BEACH COUNTY
WITNESSETH~
WHEREAS, Lessor and WP Celb~!nr entered into that certain Tower Site Lease and $oint
l.~se Agreement dated November 18, 1986 (th~ "Origiml Lease"), ~by Lessor lensed to WP
CeH-l~r and WP Cellular leased fi-om Lessor ~ "Premises" as defined in "
· - · - .( the "Lease, as
hereinaRer defined)located in Palm Beach .Comay, Flo~ and '
WItERKAS, Lessor and PB Cellular entered into thnt ~ Amendmem to Tower Site
Lease nnd ,loint Use Agreemem dated June 21, 1988 (the "Fast Ame~t"); and
t Amendment Number 2 to
1989 (the Second Amendment ),
~ ~ to locate various ns f~ on the tower located on the Prenises (the:
O~ginal Lease, as amep. ded by ,tl~ First Amendment, the Seco_miff Amendment and the Third
Amendment shall be ~ collectively referred to as tl~ "Lease );and '
WHEREAS, Lessee desires that the Lease provide terms and conditions for tie ftm~
collocation of other wireless communications service providers on the ~ and
WHEREAS, Lessor and Lessee (as joined by the Sheriff ) desire to amend the Lease, as
heroillat~er moro partic~fl-rly set fortlx
NOW, THEREFORE, in consideration of the sum of the TEN AND 00/100 DOLLARS
($I0.00) and other the'receipt and snf~ciency of which are
herob~ agree as
follows:
1. The rocitations set forth above are true and correct and are ~rporated herein by
this reference. In the event of any conflict or ambiguity between the terms and provisions of thl.q
Amendment'and the terms and provisions of tl~ Lease, th~ Amendment shall controL Any
capitalized.terms used herein, unless otherwise defmed or unless the context indicates otherwise,
shall have the same meaning,~ 5U~hrt~ ofthe Lease.
2. Section 1 of the Lease is hereby deleted in its entirety and restated as follows:
"Lessor is the owner ,of that ~ parcel.of real pro~ located
in Palm ~B~ County, Florida, located at ~15 N.W. 15 Avenue,
Boynton Beach, Florida 3343~, as moro particularly desc'n'l~ on
F, xl:u'bit "A" ~ hereto and a part hereof (the
~Propert~). a portion of the
Property, together with a the antenm tower facility
located~ on
described on ]
: forth in Exhibit "B"
, Extn'bit "A" to the Lease is
FTL/ROMANOCr2102~3/45970 ! LDOC/9~9D& ~ ."~....:~g/$ 2
100 feet to the NW,,~corner~the~fl~thence~,run ~sst to the Point of
4.~ ~ The legal descriptions set forth on Schedule ~-~"_1* attache~ hereto shall be added
to the Lease as Extu'bit "A-3" to the Lease,, and Shall hereafter be deemed to 5e the legal
, 5. ': Lessee shall have the right to lease (pursuant to a separate, lease agreement with
reaso~ly required by such Authorized Co-
User to rr~ira~in and operate a wireless conmamicntlons ~ under SUCh terms and conditions
in its reasonable discretion. The exact locations of'any Authorized
a manner so as to avoid interference
Sheriffs or any ~ther rhea existing Autho~ Co-.
~ of the Property or ~ (as the case maybe) and ~o most
the ~ use of tho Property.and ti~ Premi.~es (as the case may be)
~ Authorized Co-User. Ia no event shall any
by such Authorized Co-Users interfere, ~ or
Sheriffs, or any Other then existing
SUbject to the terms of the Lease (as modified by
now or after an AuthOriz~ Co-User has COllocated on the
Nuipment on the ~ and
(~ such ~additional wireless co~ns lkcilities and/or
operation, on the
~ rr~t~ interfere with Lessor's, Sheriffs or
operated ia compliance with Federal Comnmnications
~ or moai~ect, is ~ to
and/or equipment 5ased on
Authorizmt Co-User shall be requ/red to pay rent (the "Co-User
which shall be det~ by the Las sm in its reasonable
(including sales or um tax). ~ Co-user Rem
other thin~ pursuant, to th~ ~alr
l to tho rental of commm~afions ~ found in the South Florida
FrL/RO~ I0283/459701LDOC/9/29~ . ~.....~8207~ 3
region at the time such lease agreement is entered into by and between Lessee and such
Authorized Co-User. In addition to the Co-User Rent, Less~ may charge an Autho~
Co-User a fee as a conm'bution to 'defray the costs and expenses associated with the
p~uning, ~, instalhtion, consm~ion
and maintenance
B. Eac~ any
and of the
C. LeSSOr
FTI./R~ 10283/4S9701LDOC/O/29;9 .;L'~'~....S82075 ,4
- Ftg. Each Autho~-,d Co-User will be required to pay the Reven-~s directly to
Lessee, at its office or such place as Lessee may from time to time designate. Lessee
agrees to submit to Lessor, Lessor's portion of the Revenues within forty-five (45) days of
Lessee's receipt of any such payments.
6. The succession of the Lessee entities as mo~e nan cuh v set forth in th~
Preamble of this Amendment is evidene~ by the documentation attached hereto as
Except as specifical~ set forth herein, the terms and provisions of the Lease ~h~li
remain unmodified and shall continue in full forcz and effect.
-[TIIE REMAINDER OF TI~N PAGE INT~NTION.,~LLy LF. FT BLANK]
[SIGNATURES APPEAR ON NI~ PAGE]
IN WITNESS WHEREOF, the parties have entered into this Amendmeut as of the day
and year first above writtext
Signed, scaled and delivered in the
presence of these ~s:
Signed, sealed and delivered in the
presence of these witnesses:
Print Name:
LESSOR:
CITY OF BOYNTON BEACH, a municipal
co.ration o~ under the laws of the State of
Approved ~ to ~ ~ Legal
IL,
S~ (_ ./~'~'V .
Pr~ Name: 0~~ C~
LESSEE:
AT&T WIREL~S SERVICES OF FLORIDA,
SCHEDULE "1'-
~IT 'A-3"
to the Tower Site Lease and Joint Use Agreetnent dated November 18, 1986, as
~ tv and between the c-TrY oF. BOYNTON BKAC'~ a nmnicipai
corporation orgnnized Under the laws ofthe Stnte of Florida ('~-sso~, AT&T
WIRELESS SERVICES OF FLOItmA, INC., a Florida corporation
P_Ai~iI~: Co~ at the NW corner of the Property as desm~l in
~ above(the "Pm~ mn East a distame of 14.6 feet to a point on
the north line of said Property, thn~ run South a distanoe of 16 feet, more or
less, to tl~ Point of Beginning of th~ herein deson'bed PARCEL 1. Thn~ run
East a distance of 12 feet to th~NE comer thm~tj thence run South a distange of
3~ f~'tto tl~ SE comer thel~/~ theu:e run West a distan~ of 12 feet to/!~ SW.
corner thereo~, thnx~ nm North a ~ of 35 f~."t to the NW corner.~-reof
and Point of Beghming, containing 420 sq. Ft.
~: Co~ at the SW comer of the above descnted PARCEL 1,
run East a distance of I foot and 3 inches to a point on the south lira of said
PARCEL 1; thm~ run South a distance of 8 feet to the Point of _Be~ ami
mn East'a distnnoe of 40'feet 5 inches to the NE corner ~ thence nm
l-A-3-1
southwesterly along a line deflecting from the previous direction at an angle of 60
degrees, a distance of 40 feet/i inches to a point; thence run northwesterly along a
line deflecting from the previous direction at an angle of 60 degrees, a ~ of
40"feet 5 inches to the point of Beginning, co~ 890 Sq. Ft., mor~ or le~.
EXHIBIT G- PAGE 1
O)
NOTE~
1. SEE A'FrACHED TABLE FOR ANTENNA ANO CAI:ILE
DETAILS.
2. COUNTY a00 MHZ ANTENNAS AND MICROWAV~
DISH LOCATIONS ARt aASF..D O~ UOTORO~
SPECIFICA'ilONS OF 7/27/98.
3. THE DRAW1NG ,$ CONCEPTUAL ONLY AND NOT TO
BE ¢ONSIOERED A CONSTRUCTION 0,RA~ING. Tile
DRAWING IS NOT TO SCAZ.F,
LATZTU~[~ 26-32-3BN
~T'~BOYNTON BEACH CITY
COMMUNICATIONS TOWER
.~ REVI S IDNS ,,,,
PAL!
BEACH COUNTY
ZATIONS DIVISION
DATE~ e/ug.
EXHIBIT i
- PAGE I
EXHIBIT I - PAGE 2
MUNiCiPAL, F~iQUEN~,¥ L,I~T ,
'I " ~ PAGE 2 OF2
17~.N , I~ ~ AT~T ~ ~
, ' ~.~ ~ ~ AT&T ~S ~L~ ~ :~ ~
~ ; 114.~ I I~,~: AT&T~G~'~[~
.... T
I~ m ' ~.~ ~TIT ~.~-~ ~ ~ ....
; , : ~ ~ iMM, M~ AT&T~- __
I' I i I :
Facilities Development
~ Operations Department
~ Real Estate
Property
BSanagement Division
3323 Belvedere Road. Building 503
West Palm Beach. FL 33406
(561) 233-0200
FAX PREM: q561) 233-0210
www. co palm-beach.fi.us
Palm Beach County
Board of County
Commissioners
Maude Ford Lee. Chair
en H. Newell. Vice Cha,rman
Karen T. Marcus
Carol A. Roberts
Mary McCarty
Burr Aaronson
Tony Masilotti
County Administrator
Robert Weisman
"An Equal Opportunfty
ffirmative Action Employer"
April 7, 1999
VIA FEDERAL EXPRESS
Hugh McCaffrey, Communications Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Re:
Fifth Amendment to Tower Site Lease and Joint Use
Agreement Between the City of Boynton Beach, AT&T
Wireless Services and Palm Beach County
Dear Hugh:
Enclosed herein please find two fully executed originals of the above
referenced Agreement. Thank you very much for your cooperation in getting
this agreement finalized and executed by all parties. I look forward to
working with you in the future.
Sincerely,
Ross C. Hedng, Director
Property & Real Estate Management
RCH/mmr
EnClosure
C:
Clark Curtis, Project Manager - w/encl
Sharon Vilchek, Real Estate Technician, PREM - w/encl
H:\WPDATA\Hefing~ICCAFREYSTH.AMD.wpd
~ ~printed on recycled paper
R99 311 D
FIFTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
between
CITY OF BOYNTON BEACH,
AT&T WIRELESS SERVICES OF FLORIDA, INC.
arid
PALM BEACH COUNTY, FLORIDA
Exhibite:
A Premlae~
B Original Lea~e
C Flint Amendment
D Second Amendment
E Third Amendment
F Fo~r'~h Amendment
G To~- Loading Di&gra~n -
H Site Plan
I Frequenclee
H :\WPOATA~BOYNTO .N.ATT. wlxIMMR- 12/10/9~
FIFTH AMENDMENT TO TOWER SITE LEASF
AND JOINT USE. AGREEMENT
THIS FIFTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE
AGREEMENT, made and entered into this day of FE~ ;~'3 l§~, 1998, by and
between The City of Boynton Beach, Florida, a municipal corporation, ("CITY"), AT&T
Wireless Services of Florida, Inc. a Flodda corporation ("AT&T") and Palm Beach County,
a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY")
WITNESSETH:
WHEREAS, CITY is the owner of certain real property in Palm Beach County,
Flodda. legally described in Exhibit "A' attached hereto and made a part hereof (the
"Premises"); and
WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into
that certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 a copy
of which is attached hereto as Exhibit "B' (the ".Original Lease") for the construction of a
320 foot self support 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
a copy of which is attached hereto as Exhibit 'C' (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 August 22.
1989, a copy of which is attached hereto aS Exhibit 'D' (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, a copy of which is attached hereto as Exhibit "E' (the "Third
Amendment'); and
WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular
Telephone Company, are entering into that certain Fourth Amendment to Tower Site Lease
and Joint Use Agreement of even date herewith, a copy of which is attached hereto as
Exhibit 'F' (the 'Fourth Amendment'). The Original Lease. as amended by t'.e First
Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment
are hereinafter referred to as the 'Tower Site Lease'; and
WHEREAS, pursuant to the Tower Site Lease, the predecessors of AT&T
constructed upon the Property and CITY now owns, a 320' self support communications
tower (the 'Tower'); and
WHEREAS, COUNTY desires to obtain space on said Tower to install, operate and
maintain its public safety communications equipment.
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 wh!ch are hereby acknowledged, the parties hereto.agree as follows:
ARTICLE I
Section 1.01 Subordination of Agreement.
This Fifth Arc, sndment shall be subject to each of the terms and conditions of the
Tower Site Lease, except as expressly provided to the contrary herein and COUNTY sh all
comply with each and every of the terms, covenants and conditions of said Lease,
~ncluding, without limitation the interference I~rovisions of Section 7 of the Original Lease.
ARTICLE II
TERM OF AGREEMENT
Section 2~01 Length of Term and Commencement Date.
The term of this Fifth Amendment shall commence upon the date of execution
hereof by COUNTY (the "Commencement Date") and shall extend for a period of thirty (30)
years thereafter, unless earlier terminated pursuant to the provisions of this Fifth
Amendment.
ARTICLE III
RENT
Section 3.01 Rent.
COUNTY shall pay CITY an Annual Gross Rent of Five Thousand Dollars ($5,000)
during the term of this, Fifth Amendment. *~'he Annual Gross Rent shall be payable on the
first day of the month following approval by the City of Boynton Beach and AT&T of
COUNTY's Site Plan and the issuance of building permits for construction/installation of
COUNTY's commudication equipment (the 'Rental Commencement Date'),.and on each
anniversary thereof during the term of this Agreement. In addition, COUNTY shall pay all
real estate taxes attributable to the Premises. AT&T~ acknowledges and agrees that said
revenue shall be and remain the sole property of CITY, notwithstanding anything tothe
contrary contained in the Tower Site Lease. Excapt as expressly set forth to the contrary
in this Fifth Amendment, COUNTY shall not be required to make any further monetary
payments in considerationof the rights granted herein to use and occupy space upon the
Tower and within COUNTY's equipment building.
ARTICLE IV
CONSTRUCTION AND ALTERATIONS
Section 4.01
COUNTY shall have the right, subject to the provisions of Section 4 of the Original
Lease, to install upon the Tower COUNTY's antennas and equipment identified in the
Tower Loadih~ Dlegn, n~, attached hereto as Exhibit 'G'. In addition, COUNTY. at its
expense, shall have the dght to construct and/or install a 432 square foot equipment
building, one (1). one hundred kilowatt (100KW) generator and one (1), above ground
propane fuel tank in the locations depicted on the Site Plan attached hereto as Exhibit 'H".
COUNTY agrees to hold harmless and indemnify CITY and AT&T, to the extent permitted
by law and without waiver of sovereign immunity, against any environmental impact adsing
from COUNTY's installation of the propane tank or the maintenance and/or filling thereof.,
COUNTY shall install an upgraded tower grounding system in accordance with Motorola's
R56 specifications for COUNTY's 800 MHZ program. COUNTY shall provide at its cost
and expense all labor and materials necessary to connect said grounding system and
COUNTY's generator to CITY's equipment building.
ARTICLE V
USE OF TOWER
Section 5.01 Use.
COUNTY's communication equipment and buildings and the location of same on
and about the Tower are identified on the Tower Loading Diagram attached hereto as
Exhibit"G"and the Site Plan attached hereto as Exhibit "H". COUNTY shall have the right
to use and operate its equipment buildings, antennas and frequencies identified as
assigned to it on the Site Plan attached hereto as Exhibit "H" and the Tower Loading
Diagram attached hereto as Exhibit "G" dudng the entire term of this Agreement without
interference by any party. The frequencies to be utilized on the Tower are set forth ~n
Exhibit "1" attached hereto and made a part hereof. COUNTY shall not utilize any
frequencies not identified as assigned to COUNTY in Exhibit "!" in its operations on the
Property without the prior written consent of CITY and AT&T.
Section 5.02 Access
COUNTY shall have the right to enter upon the Property at all times ~n order to gain
access to its communication equipment, and CITY shall provide COUNTY with 24 hour
access to COUNTY's equipment building. COUNTY shall comply with any reasonable
secUrity procedUres established by CITY to prevent unauthorized access to the Tower site
and equipment buildings. COUNTY shall provide CITY and AT&T with not less than 48
hours prior notice of any entry upon the Tower, except in the event of an emergency,.
CITY, COUNTY and AT&T shall each designate emergency contact personnel to notify in
case of an emergency requiring access to the Tower.
Section 5.03 Hazardous Substancea ~'
COUNTY shall not use, store or dispose of any "Hazardous Substances" on the
Property.including, without limitation: (i) friable asbestos; (ii) urea formaldehyde foam
insulation; (iii) polyChlorinatad biphenyis; or (iv) petroleum products; the handling, storage.
transportation, disposal of or exposure to which is prohibited, limited or regulated by any
federal, statd,County, regional or:local: authority. Notwithstanding the foregoing. COUNTY
shall have the right to use such limited amounts of substances which may technical
constitute 'hazardous materials'which are normally and customarily used in the conduct
of its business operations, provided that all such substances are handled, transported and
used in fUll compliance with all applicable laws and regulations governing the use thereof.
COUNTY agrees that it shall be fUlly: resPOnsible for any cleanup or remediation of the
ProPerty arising out of COUNTY's failure to comply with the provisions of this Section.
ARTICLE VI
INSURANCE
COUNTY shall upon execution hereof provide CITY and AT&T with a certificate
evidencing self insurance coverage for comprehensive general liability in the amount of
$100.000 ~ Person and $200,000 per incident or occurrence which shall include
coverage fi3r Ol~c. ns, automobile liability, premises liability and property damage.
County shall maintain said insurance in full force and effect at all times dudng the term of
this Fifth Amendment. In the event the Legislature should change COUNTY's statutory
limits of liability above or below the sums insured against. COUNTY shall provide insurance
to the extent of such limits of liability.
ARTICLE VII
REPAIRS AND MAINTENANCE
Section 7.01 Tower.
AT&T acknowledges and agrees that it is responsible for maintenance and repair
of the Tower pursuant to the ToWer Site Lease. Notwithstanding the foregoing, any and all
damages to the Tower caused by COUNTY shall be repaired by COUNTY at its sole cost
and exPense. COUNTY shall immediately commence to repair said damageand shall
thereafter diligently prosecute said repairs to completion. In the event that the Tower Site
Lease with AT&T is terminated while this Agreement remains in effect, COUNTY shall
thereafter be resPOnsible for payment .of fifty percent (50%) of the costs and expenses
actually incurred .by CITY in maintaining and repairing the Tbwer. COUNTY shall
reimburse CITY for its share of such mainten&nce and repair costs on an annual basis
within thirty (30) days of COUNTY's receip.'.; of an invoice, together with such
dn~.urnAntation es mav reasc, n~blv be reoucstcd.l,~' COUNTY', s Finance Department to
ARTICLE VIII
UTILITIES
CITY shall provide electrical service for operation of the Tower Lighting System
COUNTY shall construct and/or install at its sole cost and expense electrical service in
sufficient capacity to operate COUNTY's communication equipment specified herein.
COUNTY sl~all install a separate meter measurmng the consumption of electricity
associated with COUNTY's use of its communication equipment and equipment building.
COUNTY shall be responsible for payment of all separately metered, utility charges for the
operation of COUNTY's equipment and equipment building. COUNTY agrees to provide
CITY with emergency backup electrical power from its generator in sufficient capacity
to power CITY's communication equipment in the event of a power failure at COUNTY's
sole cost and expense.
ARTICLE IX
ANNUAL BUDGETARY FUNDING
This Agreement and all obligations of COUNTY hereunder are subject to and
contingent upon annual budgetary f.unding by the Board of County Commissioners of Palm
Beach County.
ARTICLE X-
MISCELLANEOUS PROVISIONS
Section 10.01 Cooperative Agr~emenL a) CITY.
COUNTY acknowledges and agrees that the CITY is allowing COUNTY to utilize
the Tower in recognition of the potential benefits to be derived by the South Palm Beach
County Public Safety Communications Cooperative in establishing a link between the
COUNTY's and the Co-op's 800 MHZ systems. The COUNTY agrees that it will provide
the Co-op access to utilize the Smart Zone Controller to be located at the COUNTY's
Forest Hill Blvd. Tower at no cos{ to the Co-op. In addition, the COUNTY will establish
microwave communications between the sites with capacity for the Co-op's required six
Tls. The foregoing is subject to the COUNTY and the Co-op agreeing upon and entedng
into a formal wdtten agreement addressing the operation and maintenance responsibilities
for said controller and equipmenL The interfaces between the Co-op's systems and the
COUNTY's microwave subsystems and controller are not being provided pursuant to. this
Agreement.
b) AT&T.
COUNTY acknowledges and agrees that AT&T is allowing COUNTY to utilize the
Tower in consideration of the mutual benefits to be gained by COUNTY and AT&T through
sharing space on each other's towers, COUNTY agrees that it shall allow AT&T to place
its .::ommunicafion equipment on COUNTY's 400 foot self support tower at 20 mile bend
at no charge to AT&T. AT&T agrees that it shall allow COUNTY to place its
Communication equipment on AT&T's Lantana Tower;
Section 10.02 Notice~.
Any consents, approvals and permissions by thc.parties hereto shall be effective
and valid only if in writing and any notice by either party to the other shall be in wdting and
mailed prepaid by certified mail return receipt requested, addressed:
(a) if to CITY at:
Communication Division
100 E. Boynton Beach Blvd.
Boynton Beach, .FL 33435
(c) If to AT&Tat:
AT&T Wireless Services of Florida, Inc.
3405 Forest Hill Blvd.
West Palm Beach, FL 33406
Attn: James E. Randall
Site Acquisition Manager
with a co py to:
AT&T Wireless Services
Legal Department
11760 North U.S. Highway 1
North Palm Beach, FL 33408
Attn: Real Estate Counsel
(D) If to the COUNTY at:
Palm Beach County Property & Real Estate
Attn: Director
3323 Belvedere Road, Bldg, 503
West Palm Beach, FL 33406-1548
with a ~opy to:
Palm Beach County
Attn: County Attorney
301 North Olive Avenue
West Palm Beach, FL' 33401
or at such address as the COUNTY, CITY and AT&T respectively, may designate in
writing. NI notices given hereunder shall be effective and deemed to have been duly given
only upon receipt by the party to which notice is being given, said receipt being deemed
to have occurred upon such date as the postal authorities shell show the notice to have
been delivered, refused, or undeliverable, as evidenced by the return receipt.
Rest of page intentionally telt blank.
·
Section 10.03 Binding Effect; Severability.
This Fourth Amendment shall be binding upon and shall inure to the benefit of, the
parties hereto and their respective legal representatives, successors and assigns. In the
event that any term, covenant, condition or provision of this Fourth Amendment and/or the
Tower Site Lease is prohibited by or deemed invalid under applicable law or regulation,
such provision shall be inapplicable and deemed omitted to the extent the same is
prohibited or invalid, but the remainder hereof shall not be invalidated and shall be given
full force and effect so far as is possible
IN WITNESS WHEREOF, COUNTY 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.
ATTEST: a political subdivision of the
DOROLHY H. WILKEN..Clerk ~,,,,,,,,,State/~,/jof Flor~a
.....
Deputy Clerk
/o..*"
APPROVED AS TO FORM
AND LEGAL S~FFICIENCY %,,,~ ..... ; ..... ~ '
PALM BEACH COUNTY. FLORIDA.
1999
51! D
ATTEST:
~ ..........
APPROVED AS TO FORM'Z/iilIliIlli[t~~
AND LEG~ SUFFICIENCY
Ci~ AEom~/~
THE CITY OF BOYNTON BEACH,
FLORIDA, a municipal corporation
of the State of Florida
Print Nam&
AT&T WIRELESS SERVICES OF
FLORIDA, INC. a Florida corporation
Print Name
H:~,W~'OATA',BOYNTON.ATT.wlxl ~ - 12/'10/g~
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1: Commencing at the NW comer of the property as described in Exhibit "A"
above (the "Property") run East a distance of 14.6 feet to a point on the north line of said
Property, thence run South a distance of 16 feet, more or less, to the Point of Beginning
of the herein described PARCEL 1. Thence run East a distance of 12 feet to the NE corner
thereof; thence run South a distance of 35 feet to the SE comer thereof; thence run West
a distance of 12 feet to the SW comer thereof; thence run North a distance of 35 feet to
t he NW comer thereof and Point of Beginning, containing 420 Sq. Ft.
PARCEL 2: Commencing at the SW comer of the above descdbe PARCEL 1, run East
a distance of 1 foot and 3 inches to a point on the south line of said PARCEL 1; thence run
South a distance of 8 feet to the Point of Beginning and NW comer of the herein described
PARCEL 2, being triangular shaped. Thence run East a distance of 40 feet 5 inches to the
NE comer thereof; thence run southwesterly along a line deflecting from .the previous
direction at an angle of 60 degrees,, a distance of 40 feet 5 inches to a point; thence run
northweeterly along a'iine deflecting from the previous direction at an angle of ;60 degrees,
a distance of 40 feet 5 inches to the .Point of Beginning, containing 890 Sq. Ft. more of
less. '
this _ 18th,day of .. Nov~nber _, 1986, between the City of
Boynton Beach, Florida (Lessor) and West Palm Beach Cellular Telephone
Ccmloany,' Riviera Beach, Florida (Lessee).
For good and valuable consideration, the parties agree as
follows:
1. Premises. Lessor hereby leases to Lessee a parcel of
land and portions of the antenna tower facility located thereon ("the
Premises") owned, by Lessor and located within a fenced tower area at
551 Northwest 14th Avenue, Boynton Beach, Florida 33435, and described
on Exhibit A attached hereto (the Property), subject to the terms
conditions of this Lease and the additional terms and conditions set
forth in Exhibit B attached hereto and incorporated' herein by
reference.
2. ~Term. This Lease shall be for a period of fifty (50)
years, commencing on the date of this agreement. Lessee shall have :
the right to extend this Lease for three (3) additional ten (10) year
terms. Exercise. of this right shall be by written notice to Lessor at
least ninety (90) days prior to termination of the initial or any
renewal lease term, ~u~d ~ubject to Lessor.s approval.
3. Rent.
a. Lessee shall pay Lessor, as rent, the sum of ten ($10)
dollars per mOnth. Rent and any revenues due Lessor fr~n Lessee's
third party tower facility use shall be payable on the first day of
each mOntJl in advance at such place as may be designated by Lessor,
except that rent for the first .month has been paid upon execution of
this Le~se, ~d..Lessor ac;m(z.:~ledge~- r¢..~i~t of ~his m~a,~..
b. In the event of termi~,=tion of this Lease at a time
other than the end of one of the specified rental periods, 'then the
re~t shall be prok-ated as of the date of term/nation, and, in the
event of' termination for any reason other than nonLpayment of rent,
all P~.epaid rent shall be refunded to Lessee or paid 'on account:
-1-
4.~ 'ovements; Liability; Access; l_ities.
a. Lessee shall erect and, for the duration of this
Agreement, maintain on the premises an antenna tower, base and ground-
ing system (hereinafter called "tower facility") which shall beccme
and remain the property of Lessor. Maintenance of above tower faci-
lity. will not inclUde (unless otherwise contracted) Lessor's antennaes,
dishes, cables, modifications or appurtenances. In preparing pr~ni-
ses Lessee shall provide for the location and construction of Lessor's
grounding facilities and building and off site preparation to inclUde
a building foundation, generator pad, fencing the tower site as w~ll
as power and phone connections to a point where separate metering can
be used.
b. Lessor shall erect at its sole expense and for the
sole use of Lessor a supporting outbuilding for housing-of Lessor's
electronic equipment and ancillary e~ergency power generating equip-
ment, which shall remain the property of Lessor. Lessee shall have
the right to erect and mintain on the premises a supporting out-
building for housing of Lessee's electronic equi[ment and emergency ~
power generating equipment which shall r~main the property of Lessee"
c. The "tower facility" shall be erected and maintained
at the sole expense of Lessee and at its sole risk. Lessee shall pay
.for any and all damage to persons as w~ll as to property that my in
any manner be caused by the erection or maintenance of the "tower
facility", and shall save Lessor harmless 'frc~n any loss or damage by
reason of the erection or maintenance of the "t6wer facility".
d. Lessor shall provide Lessee ingress and egress for
vehicles, wires, pipes, cable, conduits and related appurtenances as
shall be necessary for the bringing of electricity, gas, water,
telephone and any and all other utilities to-t~he ~renises an~ .f~?
reasonable and proper storage of such fuel as Lessee shall de~:
necessary for an e~erg~_-.~,/-a,-_-_~liary p~;cr supply.
e. Lessor and ~ssee shall each be responsible for their
respective electric utility and telephone service each to be separately
metered and charged. Lessee shall assu~e all charges for operating
and maintaining tower.
-2-
5. .~e__~s.
against the property.
Lessor shall pay all ta~.
of any kind assessed
6., Use. Lessor shall operate a public safety VHF and 800 MHz
UHF trunked radio syst~n with attendant microwave facilities as
liconse~d by the Federal Ccranunications Ccmnission (FCC), to bo located
above a tower height of tw~ hundred (200) feet (exclusive of "YAGI"
antennas at a height of fifty (50) feet or below and within the para-
meters established herein). Lessee shall operate a cellular radio cem-
munications syst~l and attendant microwa~ facilities as licensed 1~
the FCC, to be located at or below a maximua tower height of tw~
hundred (200) feet. Lessor and Lessee reserve the right to enter into
third party agreements for user access and user space on their respec-
tire portions of the tower facility so long as the criteria established
o
1~ section seven (7) of this agre~nent have ~ met or ~:~ed, and
prov~ded~ that' tower design specifications and manufacturer and
installer affected. All gross revenues
gen'm~rated. ~.. by LeSsor's third party
will
b>.
-Lessee ~gstruction
(excluding ) as
($227,337.60) all such revenues will be
betw~=_n the Lessee and Lessor.
and/or use~ access
When the
faci ii
B
! ·
: 50 ~bas~s
The pr~m%ises may be used by both Lessor and Lessee'fo~ the
transmission 'and reception of ccmnunications and signals in-any and
all 'frequencies. allowed by law or which may be allowe~ by law in~ the
future, and for the construction of necessary facilities, ante~nas or
equipment buildings, s~
lated hereinafter and
limitations and engin~
7. In_~t.erferen
alln~- t'.ho Us.,~ of ~he
operations of the other
~ject to the non-interference provisions sti.?u-
ubject to windloading, li~itat'ions, warranty
ring certifications.
~.e. Neith
mr Lesso)' nor Lesse~ shall use nor
m~y way wn~c~ interferes with the
,;ever, the right and obligation of
Lessor to operat~ a public safety radio system is 'absolute and shall
not
bs
violated
no~ subjected to .,rbit~:~.tio~l~ Any such v,~0~lation by
Lessee
shall
oe~ned a material breach of th':.?. Agrec~m_nt e~.;~id~ L~¥~',,sor
shall have the Lq~diate right to unilate[-~::] ]y terminate any inter--
fering use by original Lessee's '&ird part:.e? o;.: assigns. Lessor. and
Lessee agree, ever, to utilize all resourc ' their disposal to
mutually minimize and/or eliminate frequency and/or interm~dulation
interference now and in the future. Any other change in use (for
example, as'to frequency, antenna location or change in antenna size
or type) by either party, shall be on a mutual consent basis, subject
to technical and engineering studies approved by both parties, the
cost for which shall be borne by the party seeking the additional use
or change in use unless the City cc~munication frequencies are
affected by government licensing bodies, and in such case Lessee will
adjust to such 'governmental determinations that direct Lessor frequen-
cies.
~ne specific frequencies that are "absolute", and not to be
violated, (except as identified above by governmental action) as
referred to above are attached with Exhibit D to this Lease.
8. .Insurance l Lessor and-Lessee shall at all times during
the term of this Agreement at each of its expense maintain a policy or
policies of casualty and ccmprehensive general liability insurance
in an amount not less than tw~ (2) million-doliar~ ~
,, $2,000';"000) with
premiums thereon fully paid in advance~ '.isSued by a Best's AAA-rated"
cco~oany or City self-insurance program, insuring all the equi~nent and
the premises and covering acts and cmissions of the other party. Said
pollcy or policies shall name the other party as co-insured, and cer-
tificates or insurance shall be provided to each other by both parties
~rithin sixty (60) days of initial issuance and the respective policy
annual renewal dates.
9. .T..erminatioq. This Agreement may be terminated on thirty
(30) days after written notice as follows: (a) by either party upon
a default of any covenant or term hereof by the other which is not
cured within thirty (30) days of receipt of written notice of default;
(b} .b~ ..~.~ upon ninety (90) da¥~'wri~ten.~otice to Lessor. ~n
the exercise of such right by Lessor or-Lessee this Agreement shall
beccme null and ~id and neither will have any further obligation to
the other, except Lessee's right at its so] e option to remove any and
all fixtures, appurtenances, improvements and equipment erected,
locata~, placed or constructed by Lessee on the pr6mises, (other than
t.~ze tower facility, and Lessor's equiD~_nt building and appurtenant
facilities), the removal of which shall ..be coordinated with Lessor and
shall be at the sole expense of Lessee.
--4--
-i
10. "_~uction of Premises~. If thc raises or Lessee's
improv~nents thereon are. destroyed or damaged, Lessee may elect to
terminate this Lease as of the date Of the damage or destruction by
notice._ . given' to Lessor in writing not n~re than 45 days following the
date of damage. In such event, all rights and obligations of the par-
ties shall cease as of the date of the damage or destruction and Lessee
shall be entitled to the reinbursement of any prepaid amounts paid by
Lessee and att'ributable to the anticipated term following the date of
termination.
11. Condemnation. If a condemning authority takes all of the
property, or a portion sufficient, in Lessee's determination, to
render the premises unsuitable for the use which Lessee was then
making of the pr~mises, this .Lease shall terminate and be of no
further force or effect as of the date the title vests in the con- _
d~aning authority. The parties shall be entitled to share in the con-
demnation proceeds in proportion to the values of their respective
inter.ests in the property. Sale of all or Part of the property to a
purchaser with the power of eminent dcmain in the face of a threat, or
probability of the .exercise of power, shall be treated for the pur-
poses of this section as a taking by condemnation.
12. .Hold Harmless.
(a) Lessee hereby assumes, releases and agrees to id~mnify,
defend, protect and save' Lessor harmless frc~ and against any 'loss of
an/or damage to the property of Lessor, third parties or Lessee, and
all loss and/or .damage on account of injury to or death of any persons
whcmsoever arising in any way out of Lessee's use or occupancy of the
premises, the installation, _use, maintenance, repair or r~m~oval of
Lessee's equiu~ent, or out of acts or cmissions to act of Lessee, its
employees, agents and invitees, unless such loss and/or damage arises
Le~ssor, its .e~ployees, agents or invitees.
:1
(b) Lessor hereby assumes, releases and agrees to indem-
nifY, defend, protect and save Lessee harmless f~cm and against any
loss of and/or damage .to the property of Lessee, third parties or
Lessor, and all loss and/or 'damage on account of injury to or death of
-5-
!
any persons % ~ever arising in any way out Lessor's use or occu-
pancy of the Pr~mises, the installation, use, maintenance, repair or
r~loval of Lessor's equi~nent, or out of acts or cmissions to act of
Les ~sor, its ~ployees, agents and invitees, unless such loss and/or
damage arises in whole or in part from the negligence or willful
misconduct of Lessee, its ~mployees, agents or invitees.
13. Right of First Refusal. Prior to selling the property or
any portion thereof, Lessor shall notify Lessee in writing of the sale
price Offered by a third party. Lessee shall have the first right of
refusal~to purchase the property at substantively cc~oarable values
and terms upon giving Lesso~r notice of its exercise of these refusal
rights within 30 days of receipt of Lessor's notice.
14. DisDutes. Any controversy or claim arising out of or
relating to this Lease, or the breach thereof, other than as stipu-
lated in Article 7 (Interference) with regard to public safety radio,
shall be settled by arbitration in accordance with the rules of the
American Arbitration Association and the Florida State arbitration
laws, and the procedures set forth in Exhibit C attached hereto and ..
incorporated herein by reference, it is agreed that the substantially
prevailing party shall be entitled to recover in addition to costs
such s%mm as the court my adjudge reasonable as attorneys' fees,.,
including fees upon aDpeal of any judgment or ruling.
15. .Notices. All notices, requests, demands and other com-
munications hereunder shall be in writing and shall be deemed given
if personally delivered or mailed, certified mail, return receipt
requested, to the following addresses:
If to Lessor, to.-
City of Boynton Beach
P. O. Box 310
Boynton Beach; FL 33425-0310
Attn: City Manager
if to Lessee, to:
West Palm Beach Cellular
Telephone Ccmpany
4152 West Blue Heron Bl~d.
Riviera Beach, FL 33404
Attn:. Operations Manager
16. _Warranties. Lessor warrants that it has full right,
power, and authority to execute this I~ase and has goOd and unencum-
bered title to the property. 5essor further convenants that Lessee
-6-
shall have th~ _~t enjoyment of the premises ~ng the term of this
Lease and that the pr~nises are zoned to permit Lessee,s use.
17. ~Successors~_ and _A~ ~iqns.
pr~nises described on Exhibit
part, assigned by Lessee with
however, that Lessee may assig~
Cc~ies, Inc., without the cz
This Lease shall ran with the
,. This Lease may be, in whole or in
khe written consent of Lessor provided,
this Lease to McCaw Cx~,,,unications
lsent of Lessor. This Lease shall be
binding upon and inure to the
successors and assigns. Assign
financing shall not constitut~
IN W~TNESS WHERm0F the
sents to be signed by their dub
· Witness:
STATE OF FLORIDA )
COUNTY OF PAIZ4 BFACH )
I HEREBY CERTIFY that on
authorized in the State aforesai~
acknowledg~nents, pers3~nally ap[mm
of the City of f ~-t~h Beach, 'Floi
acknowledged, executing the same
witnesses freely and ~luntarily
· porate seal of S~id City'
WITNK~S my hand ~n~ n~
last aforesaid this ~.~__~_~ day
(NOTARIAL SEAL)
kenefit of the parties-, their respective
.nent for the purpose of obtaining
~ssigr~nent under the terms of this Lease.
~rties hereto have caused these pre-
authorized officers on this /~
1986.
CITY OF BOYNTON BEACH, FLORIDA
Approved as to Fora and
Legal Sufficiency
ttb~ney ~'-~
~is day, before me an officer duly
~and. in~th, e County aforesaid to take
r~.- ~_~'_ .__. -~ ._. _ . _' __---,
'~da, and that they severally
~the pr.e,sence of t~ subscribing
ruder ,%uthor]t~ dull, vested in th~
i affixe<,~, the¥-eto is '~'e true
No,fry Public in a~d for the-
County and. State aforesaid.
My C~n~ission Expires:
Notary Public. State ol FIo~,da
My Comrniss]on Expires Jan. 2, 1989
WEST: PAr24 BEACH c~.LULAR
TELRPHONE CO.
RIVIERA BEACH, FLORIDA
Witness:
STATE OF FLORIDA
COUNTY OF PALM BEACH
Wayne Iradley
Gens Manager
I HER~YCERTIFY that on this day, before mean officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledg~m~ents, personally appeared ~ Wayne Bradley, General M~r. ~
of West Palm Beach Cellular Telephone C~mpany, Riviera Beach, Florida,
and that he/they severally acknowledged executing the same in the pre-
sence of two' subscribing witnesses freely and voluntarily under
authority duly vested in them and that the seal affixed thereto is ~e
true corporate seal of said cc~pany.
WITNESS myh~nd.~official seal in the County and State
last aforesaid this 12th day of November , 1986.
Notary]Public i~'and for 'the
Count/and State aforesaid.
(NOTARIAL SEAL)
My Cc~ssion Expires:
-S-
EXHIBIT A
To the Antenna Tower Site 'Lease and Joint Use Agreement dated
November 18, 1986,~ between the City of Boynton Beach,
Florida, as Lessor and West Palm Beach Cellular Telephone c~pa~y,
Riviera Beach, Florida, as Lessee.
A parcel of land and portions of the antenna tower facility located
thereon ("the Premises") ' which are a part of the following property
owned by Lessor ("the Property'.), which Property is legally described
as follows:
Tract "B" Rolling Green Ridge-Second
Addition, a subdivision in Palm Beach
County, Florida, according to plat
thereof recorded in Plat Book 26,
Page 214, Public Records of Palm Beach
County, Florida
It is .Lessee and Lessors understanding that Lessee at Lessee's cost
~wilI cause a constructing permit to be obtained for the tower facility
and Lessee'.s/LeSsor.s associated facilities (Building, Utilities,
etc. ). Part of this permitting' process will be to make permittable
site.drawings. Before Obtaining aboVe permit, Lessee and Lessor will
mutually approve and affix signatures to said drawings designating
such approVal. Lessee/Lessor agree that upon approval of both parties
and upon approval of the construction perndt these drawings will
beccmg, part. of Exhibit A and be attached to this Lease as Exhibits
A-1 and A-2.
-9-
EXHIBIT B
To the Antenna Tbwer Site Lease and Joint Use Agreement dated
November ,18,. 1986 ___ between the City of Boynton Beach,
Florida, as'Lessor, and West Palm Beach Cellular Telephone Ccmpany,
Riviera Beach, Florida, as Lessee.
Project Coordination. Lessee, in conjunction with Northern~__~
Teleccm, 1201 E. Arapaho Road, Richardson, Texas, 75081 and their
associates, shall retain, at no expense to the City, the firm of Ellis
Tower Cc~pany, Inc., PO Box 23217, Fort Lauderdale, Florida, 33307, to
act as Applicant and overall Coordinator for this project on behalf of
both Lessor and Lessee.
2. Project Scope. Ellis Tower Ccmpany, Inc. shall be
responsible for all site planning, design, engineering, certification,
coordination, permitting, construction, installation and management of
the project to its completion in a manner satisfactory to the Lessor/
Lessee and in general accordance With specifications provided by Booz,
Allen & Hamilton, Inc., communications consultants to Lessor, and the
Ellis Tcwer Proposal Number 2003-A dated September 22, 1986, and
made a part hereof. ~ne scope of this prQject shall include but not
be limited
a. soil borings and tests
b. site surveys and plans in accordance with applicable
City Codes
C. foundation and tower engineering design, and
calcu].ations
d. tower, fencing, and equi~m~ntbuilding location and
grounding
e. coordination with FAA for approval to utilize medi~-
intensity strobe lighting
f. coordinati6n with Florida Power and Light, Southern
Bell Telephone and City staff de~rtments
g. installati~n of Lessor s tower moL~ti,'~ hardware only
h. other site development related
by Lessor and. mutually approved by lessee
3. Resolution of Technical Dispute. Subsequent to final
site develofm~_nt andtower facility construction, problems of a tech-
nical matter shall not be i~iately subject to arbitration but shall
-i0-
b~ resolved .le satisfaction of both Lessu ~ld Lessee, in conjunc-
tion with the following parties acting, as required, on Lessor's and
Lessee' s behalf:
Booz, -Allen & Hamilton, InC.
Ellis Tower Ccmpany, Inc.
Motorola C~-.unications & Electronics, Inc.
ApPlicable Motorola Service Shop (MSS)
Northern Teleccm
-11-
Sold T~:, NORTItERN TELECOM, INC, .... S~ipTo: City of BOynton Beach
1201 'E. Arapaho Rd' Boynton Beach FL
Richardson, TX 75081 '
ITEM QUANTITY ' ... MODEL DESCRIPTION . PRICE
fl. .One 320/~/SBC Furnish and install one'Rohn Model SSH~, 320' self-
, . supporting tower." Tower designed to EIA Standard
RS-222-C'and the S,B.C., 90 psf unifo'rmwind'load.
Tower to support:
,. OWNER ... 'ELEV. °=ANTENNA TYPE LiNE'SIZE
I CitY 320' DB810- 1/2" ' . N/A L..:
City 300' DB810 · 1-1/4" N/A
· City ., 280' DB810 1-!/4" N/A
City , 230' 8' Grid 7/8" 140'
, City . 230' 8' Grid~ 7/8" 260'
. *' Cell One 200' 8-DB1001? on 1-5/8" Symmetrically ..
" 6' side'arms ~ounted
Cell One 180' UI~8 (6'GHz) E~64 '360' .- ~
Cell One 180' URX8 (6 CHI) .-EW64 220'
Cell One 150' UHX8 (6 GHz) EW64 '170' ~ ......
, Cell One .- 140' U~X8 (6 GHz) E~64 180'
· Quotation includes to~er sections, base foundations
, (based upon our observations at the tower site,
cost may vary after receipt of soil analysis), So~l
'" boring, 3' side arms for the City's DBB10 antennas,"
· . dish mounts for the'two 8''grid dish antennas at
the 230' elevation, ste~ bolts for Climbing,
- · - grounding to EIA specifications, paint-and lights
in conduit or medium intensity strobe lighting,
'" customers option, .. .. .-.
Refer to Proposal No.. 2003-A Date .9/22/86
Your Reference 'Date Payment Terms Estimated Shipp,ng
"' 1/3 With Order; 1/3 On Delivery;
Meeting· '.'- 9/17/86 .. 1/3 On Completion
Ship vi~:
[~ Prel~id '[~Colleci ': Special Conditions Delete Items 2,4,5,7,8,9,11 & 12 on reve: 'sid,
CONFIRMING ~J: SUBJECT TO TERMS AND CONDITIONS ATTACHED [] OR ON REVERSE SIDE
Acceptanc~
Net c~sh on receipt of inVoice. A service charge of ! ~% a month
will be added Io all ~ccount$ over 30 d~y$ ¢gd,
BY DATE .
TITLE _~
:1
D[HIBIT D
To .the Antenna Tcwer Site' Lease and Joint Use ~reement dated
.November 18, 1986, between the City of Boynton Beach, Florida, as
Lessor, and West Palm Beach Cellular Telephone ~y, Riviera Beach,
Florida, as Lessee.
In accordance with Sections Six (Use) and Seven (Interference)
of the accompanying Agre~rent, the following frequencies are those
utilized, or to be utilized, by the City which under no circtm~tances
shall be subjected to any~ type of interference by Lessee, its associates
and assigns, and/or any other third-[arty tower user.-
800 ~z Tm3NK~ U~
2181.60 / 2131.60 (~Z)
856.28750 / 811.28750
857.28750 / 812.28750
858.28750 / 813.28750
859.28750 / 8]4.28750
860.28750 / 815.28750
155.100
154.265
155. 370
* Proposed Frequencies; pending final allocation & licensing.
EXHIBIT C
TO the Antenna Tower Site Lease and Joint Use Agreement dated
between Of BoYnton Beach,
Lr Telephone Ccmpany,
~ as Lessee,
LFASE ARBITRATION
Within ten (10) days of receipt of written notice of
ccmplaint, each party shall designate an individual as arbitrator.
Within an additional ten (10) days, the two individuals shall
appoint a third individual.'
Within an additional twenty (20) days, the three individ,~,s
shall hear the dispute and shall, within twenty (20) -days after
hearing, render their decision in writing to both parties.
-12-
J.610, and such other frequencies , the City and the
'Company may approve.
The Installation thereof will be subject to inspection
and approval by the City and the Company. Any interference
to or from the ~heriff's radi6 equipment will be the respon-
sibility of the Sheriff.
5. Access and Maintenance: The Sheriff shall be per-
mitted twenty four hour a day access to the ~ity Radio
Equipment Building a~d Tower for maintenance purposes. The
City's Communication 6enter and the Company shall be
notified prior to entry. The Sheriff aha11 be responsible
for any and all expenses incurged for the installation main-
tenance, and use of the Sherif~'s equipment located in the
City Radio Equipment Building and Tower. The equipment
described abov~ shall be maintained at all times in a proper
and safe condition by the
6. Interference~ The Sheriff shall not use nor allow
the use of'the premises in any way which interferes with the
operations of the other pact{es hereto. Further the right
and obli~atio~ o~ City to operate a public safety radio
system i-s absolute and shall not be'violated nor subjected
to arbitration. Any euch-violation by Sheriff shall be
deemed a material brea~h of this A~reement. City or Company
shall have the immediate right to unilaterally terminate any
use by Sheriff which interterea with the business of City or
Company. City, Company and Sheriff agree, however, to
laze all resources at their disposal to mutually minimize
and/or eliminate frequency and/or lnter~odula~ion inter-
ference ~ow and in the future. Any other change in u~e (fo~
example, as to frequency, antenna location or change in
antenna size or type) by any party shall be on a mutual con-
sent basis, subject to technical and engineering studies
approved by City a~d Company, thc'Cost for which shall be
use unless the city toe, unica%for frequencies are affected
by govert~ment'licensing ~odJe~, and in such case Company
t;ill adjumt to such governmental determinations that direct
CiZy irequoncics.
7~ Hold Harmless: Sherif:f ,~.~by assumes, releases and
agrees to indemnify, defend, protect and save City and
tO the proptrt~ si City or Company, and a1~ loss and/or
damag~ on accoun~ of injury to or death si any persons
~homsoever arising ~n an~ ~ay out si Sherit~'s use or occu-
pancy si the premises, the installation, use ~aintenance,
gepaic or removal of Sheriff's equipment, or out si sots or
om~ssions ~o ac~ st City.or Company, or ~heir
agents o~ invitees, un,ess such loss and/or damage arises in
t~hole o~ in parc from the negligence or will,u! misco~duct
Of City or Company, or their employees, agents or invi~ees.
Nothing contained herein, shall be deemed to hays waived any
imm~ni~ies granted pursuant to Section 768.28 of the ~lo~lda
Statutes (1987) and any amendnents thereto, durin9 the term
of this agreement.
8. Notice: Any no, ice o~ demand to be given or served
upon an~ party hereto in connection with this agreement
poses upon depoe%t in the U. S. Postal Service (registered
or ce~i£ied ~a£1) as follows~
SheriTf~
R/chard P. ~lle
Sherif~ o~ Palm Beach Count~
3228 ~un Club Road
~est Palm Beach, F~orida 33416
City of Boynton Beach
P. O, Box 310
goynton Beach. F~ 33425-0310
COmpany,
Palm 8each County Cellular
Telephone Company
1 Clear,eke Centre
250 Australian Avenue South, 9th F~oor
Hess Palm Beach, FL 33401
9. E~fective Dater This agreement shall tak~ effect
upon ~he execution by a~! parties hereto.
Page 3 of 4
(&greemeut consists ot this and 3 Precedin9 pages)
City of Boynton 'Bea~, Florida
ATTEST-.
O
Richard P. Wille, Sheriff of
Palm Beach County
State of Flo=i~a
Appzoved as to Form
(Corporation seal)
Palm Beach Cellula=
Telephone Company.
a Flo=ida Gene=al Partnership
Page 4 of 4
CO., IdC: L
March
Mr. Jean Hahn
Palm Beach County Sherlff Office
lladio Digital Division
~i0! Tuxedo Ave,
West Palm Beach, FL 33405
£ubjecr: (:icy of BoynCon Beach
320' 5elf-$upporl:ing ToVer
t..'e h,we rtwtewed yo,r req,est to install a Dl~-264 antenna with 7/3" line at the
260~ e~evation on the above sub~ect to-er. The origlnal design of thc LOWer
allewed ~5 sq. f:, of antenna area ar. fha 230~ elevatJ, on. In view of thc fact
the C1ty of }~oynton has not plnced a]l :!au ar-tcnnas on the tower as originally
pl-~nned, It Is my opinton~ ~he Jv.$t,':l]ar'-'on of this additional ant~nnu and line
wil! nut degrade the 1nreg£tcy of the lev'et.
Very truly yours.
FLLIVOWER CO., INC,
H. E. "Bud" Blaksley ~
Gencral Nanager
1tEE: hn
P.O lb,x '-'
I:t lz,mL,rd;:lc. 1'*1.
Witnensea;
City//of Boy~)~n, neach
~r.~
~Approve~ as to Form
and Legal
Palm Beach Cellular
Telephone Company,
a ~lorida General Partnor~nip
·his agreement, entered into this _ .~.~_. day of
i989, by a~d between; Richard P. Wills, She~if~ al Palm
Beach County~ state of Florida, hereinafter referred to es
"SheriZf", and the City of Boynton Beach, Florida, a munici-[
pal corporation, hereinafter referred to as "City", and Palm
Beach Cellular Te%ephone Company, a Florida General
Partnership, hereinafter re~erred to as "COmpany'', to enter
into a certain joint use agreement pertaining to a certain
Tower Site Lease, and in consideration ~or the mutual promi-
ses and for good and valuable consideration. The par~ies
hereby agree ae ~ollowe;
1. Scope of Agreement: The pa~ties hereto acknowledge
th~ ~xistence of Tower $~te Lease and Joing Uae Agreemenn,
dat,d November 18, 1986, and an amendment to said agreement
dated June 21, 1~88, 'entered into by and between the "city"
and the "Company" and the parties hereto now mutually wish
=o further amend said agreement to allo%-~ the Sheriff to
install an a~tenna on the' existing structure as described
i~ ~aid agreement, aa amended.
2. Term, Renewal,and Cancellation= The term of this
agreement, shall be one (1) year and shall be ~ubject =o the
~e~ms and eonditione'o~ the a~Ove described lea~c and
amendments thereto, copies of the lease and the amendments
are at~eched hereto, as Exhibit "A" Exhibit "B" and Exhibi~
"C". Th~s agreement shall automatically renew annually,
unless cancelled by thir=y (30) days written motice of any
party, so long as the lease is in effect.
3. Antenna Installation~ ~e Sheriff shall be per-
mitted.to instaI1 a DB-264 antenna, 7/8" hardline and
related components thereto, on the existing tower aL the 235
~oot level. Tnstallation shall be in accordance with the
~lli~ Tower Documentation Appended hereto.
4. Radi¢~ Equipment: The Sheriff shall be permitted to'
in~;~]l ;: ~((J.O re~.[ver cabine~ inside the exis~ia~
Radio Equipment ;~uil~isg. Th-'$heriff's re~eivers ~;ill
o~)era%e o~, thn fOllO~ing freguel%Cie~ 155.715, 155.520,
Page? 2 of .i
0
EXHIBIT "D"
To the Antenna Tover SAte Lease and Jo~t Use Agreument
dated ltovemher 18~ 1986, betew~n the City of Boynton Beach,
Florida, as Lussor, and Palm Beach County Cellular Telephone
company, West Palm Beach, Florida, as Lessee.
In accordance with Sections Six (use) and Seven
tlnt~rference) of the accompanying Apreement, tha following
fr=quenc~es are thos~ ut~l~ze~ by the Cl~y which under no
circumstances shall be subJecte~ ~o any type o~ interference
by Lessee, its associat=s an~ assigns, and/or &n~ other
800 MHa TRUNKED UHF
856.28750./ 811.28750
857.28~50 ! 812.28750
8S8.28750 ! 813.28750
859.28750 ! 814.287~0
860.28750 / 815.28750
~ GHZ MIcRO~AvE VHF HZGH-BAND
2~81.60 ! 213[.60 (MHZ)
155.100
154.265
155.370
AMEHDf~EHT HUMBER 2
TO TOilER SITE LEASE AND JOIHT USE hURRY, lENT
(J~ne 20, 1989)
0
Amendment Number 2 to Tower Site Lease and 3Bin, Use
Agreement, dated NOvember 18, 1986, ~nd amendment to the
agreement, dated June 21, 1988 between the City of Boys,on
Beach, ~lorlda (Lessor)and Palm Beach County Cellular
~elephone Company, West Palm Beach, Florida flosses).
OF BOYHTOH BRACH, (hereinafter referred to
as
FLORIDA, re,erred to as
Les: enter into Joint
Lnd
the 21:st day of B, and
~REAS, the parties now mutually wish to £urtbe~ amend
said Agreement;
HOW. THEREFORE, for.~OOd and valuable consideration the par-
ties ag=es as foll0ws~
1. $au~£on 4~of the ~irs~ amendment to the original
agreement is further amended to provide the followingz
Lessor and lessee do hereby acknowledge ~hnt the ~ollowin9
re~lects the presently existing antenna arrays on ~he tower
facility~
SW-90 180 deg.
Line Size Az__~imuth
?/8' H/A
Page 1 o~ 2
A. CITY
Elevation- " Antena~ TYPe Line S~e A_A~uth
~O''(~ 109) ~S810. or equivalent --1 1/4'
300' (S. leg) DBeI0 o~ equivalen~ I 1/4='
280' (S~.leg) DB810 or equivalent ! 1/e= ~/A
230' (S. leg) 4' grid.dish (2Ghz) 7/e- 150 ~eg.
20' (NE leg) VHF yagi
B. C__gLLOLAR OHE
- ---~_~__.~.~
Elevation Ant. Type Line Size Azimuth
~-Sb-~T~.--~ace) -DB56¢ - -T-~Te~-' 360 neg.
200, (~. face) 4 DSS64 1 5/8= 120 deg.
200t ~N. face) 4 DES64 ! 5/8' 240 deg.
(Above are replacements ~or 3 DB1001? on 6' side arms at the
200* Level ~, HE, NN legs] and I dblOOl? on a 6* side arm
[NE leg] at the 170' level, ail with L S/ON line).
~leva=lon 9uantity An~e Line Size Azimuth
leo' (NH leg) ~ U~-~10 dis~ 7/~-; 304 deg.
(2Ghz)
160' (NN leg) i DB100L7 on a I 5/8" H/k
6' Side arm
1¢0' (S. leg) i UEX8 dish
Cll Ghz)
Ele___v__atio~
23S' ¢~E leg)
(receive'only)
2. Execution of this amendment .constitutes mutual approval
by both leGsor and lessee to enteF into a third-party
~se ~ree~ent w~tb the ~alm Beach 'Count~ Sherlff~s
for receive~ antenna installation as indicated in paragraph
1. C. ebove.
3,Any provision of ~he original TOWer Site Lease and ~o~nt
Use Agreement not specifically amended previously or herein
shall ~ema~a in full fo~m and ef[ect as o~£9inally provided. ~-~
In ,1,ness ehereo~, the parties here ~o have caused these
presents to be signed b~ ~eir duly authorized officers on
this ~___ day o£ ~_~//.~_~_Td-_ ...... , 1~09.
O
8. ~nsu,ra~c~. Lessor and Lessee
shall at ~iI times dur£ng fha tc~m of
this' agreement at each of its expense
maintain a policy or policies of
premises liability insurance (commonly.
'known as Owners, Landlords, and Tenant's
Liability) in an amount totalling not
less than two' 42) million dollars
($2,000,000.00) insuring the premises,
and covering, acts and omissions of
parties. Said ~olic¥ or policies shall
~e issued either Jointly or on behal£ of
both parties, or separately in the
am~.unt cf one (1) million dollars
($1o000,00D.0~) each by an insurance
company maintaining a~ leaa~ a Beet's
A-VIII rating, or 'by ~he city's
aelf-insur&nce program, and shall
provide for notification of the
additional lnsuret thirty (30) days
prior to cancellation or non-renewal of
tha polic~.
A copy of the insurance policy or
certificate shall bm provide~ to each
ocher by bo~h par~ies within sixty {601
days of' initial Issuance and the
respective policy annual renewal dates.
3. Section 15. N0tiue~ o£ the original ~r Sito
l~&se and Joint Use igreemen~ is hereby amended to provide
as follOWs:
15. Notices. All notices, requests,
demands and other communications
hereunder shall be in w~iting and shall
be deemed given if personally delivered
or mailed, certified mall, return
2
~ uu4
addresses:
the following
If to Lessee, to:
City Of Boynton Beach
P.O. Box IlO
Boynton Beach, FL ]]425-0310
Attn: City ManaGer
Palm Beach County Cellular
Telephone Company
One clearlake Centre
250 Australian Avenue, South
~inth~Floor
West Palm Beach, FL 31401
4. Lessor and Lessee.do hereby acknowledge that the
following reflects the presently existing antenna arrays on
the tower facili~¥~
A. City:
Elevation AnteHna TFDe Li~e Size Azimuth
32~' ~$.leg.} D~810 or equivalent 1 1/4" ~/A
300' (S.leg) ~ DB81O or equivalent -1 1/4"
280' (S.leg) DB810 or equ£valent 1 1/4" N/A
230' {S.leg) 4~ grid dish (2Ghz) 7/8" 150 der,
20' {NE leg) Y~F Ya~i 1 1/4" 150 de~.
B- Cellular One:
~levation Ante~aTYpe Line Size Azimuth
200' (3)-DB10017 on a 1 5/8"
(s,Ng,~a legs) 6' side arm
-180' (~W leg) U~X10 dish {2Ghz) ?/8" ~04 deg.
170' (NE leg) DB10017 on a 1 5/8"
6' side arm
160' (NW l~g) DBlO017 on & I 5/8"
6' sf~e arm
140' (S.leg) UHX8 dish (Il Shz) EW-gG 180 deg.
Notwithstandi~g the present discrepancy b~tween "as buil~"
antenna* arrays and those proposed l~ Exhibit "B",
speoi~ically pursuant to ~lia T~wer Proposal H~er 2003-A
da~ed ~ept~er 22, 1986, the parties hereby
~xhibic "B" ~o the original agre~ent, to the extent
exls%ln~ chaBges In ante~a size, type and place~nt ~ that
Exhibit "~" and as reflected i~ ~his ~n~ent do not exce~
the wind-loadin~ design ltmita~io~s and i~erference
prohibitions orfginall~ proposed and mutually agreed u~n
both parties.
fXHIBIT D
To the Antenna Tower Site Lease and Joint Use Agreement dated
November 18; 1986~ between the City of Boynton Beach, Florida, as
Lessor, and West Palm Beach Cellular Telephone Company, Riviera Beach,
Florida, as Lessee.
F~Uf~CIES
In accordance with Sections Six (Use) and Seven (Interference)
of the accc~ying Agreement, the following frequencies are those
utilized, or to be utilized, by the City which under no circumstances
shall be subjected to any type of interference by Lessee, its associates
and assigns, and/or any other third-party tower user:
800 ~tZ TRUNK~D UHF
856,28750 / 811.28750
857.28750 / 812.28750
858.28750 / 813.28750
859.28750 / 814.28750
860.28750 / 815.28750
2181.60 / 2131.60
155.100
154.265
155.370
* Proposed Frequencies; pending final allocation & licensing.
-13-
O
ANEND~EHT TO T~ER SITE LEASE AND JOINT
USE AGREEMENT DATED ~OVFAIBER 18. 1986
BETi/EEN THE CITY OF BO¥~TON BEACH,
FImRIDA ILESSOR}~AND PALM BEACH CQUNTY
CELLULAR 'TELEPHONE COmPAnY, WEST PALM
BEACH, FLORIDA [LESSEEJ
WHEREAS, the CITY OF BOYNTON BEACH, (hereinafter
referred to as Lessor) and PALM BEACH COUNTY CELLULAR
TELEPHONE' COM~ANY~ WE~T PALM BEACH, FLORIDA, Ihereinafter
referred to as Lessee) did enter into a certain T~er Site
Lease and Joint ~se A~reement dated the 18th day of
November, 198~, and
the parties mutually wish to amend said
Agreement;
NOW, THEreFORe, ~or goo~. and valuable consi~egation the
patties agree as ~ollows:
1. Section 1. Premises. of the o£iginal Tower Site
Lease and Jol~lt Use Agree~en~ is hereby amended to read as
! ' follows
!,
I'
1. Prem~e~. Lessor hereby leases to
Lessee a parcel o~ land and portions of
the antenna tower facility locat~d
thereon ("the Premises") owned byLessor
and located within a fenced tower area
at 515 N.W. 15th Avenue, Boyntou ~each,
Florida 33435, and described on Exhibit
"A" attached hereto (the
s~b~ect to the terms and ¢ond£t~onS of
this Lease and tb~ additional terms end
conditions set £o~th in Exhibit "B"
attached hereto and incorporated herein
by reference.
Section 8. Insurance. of the or£~lnal Tower Site
~. Lease and Joint Use Agreement is hereby amended to read as
gollows:
i'
I'
!
O
!,
S. Exhibit D. attached to the erie*hal Tower Site
[! Lease and Joint Use [greement is hereby superseded by a new
~'; Exhibit "D" which is attached hereto and incorporated herein
ii by reference.
6. Any prov£siol~ O[ the original Tower Site Lease and
{' Joint Use Agreemeng not specifically amended herein shall
,. remain in full force and effect as originally provided
! -
.' IH WITNESS WtlEREOF, the parties hereto have caused
!i these p~esents to be signed {~ kheir duly authorized
O[ficers oa this ~day of 0~.~.~ , 1e88.
Ci ty~f~ '
'Mayor
Approved as to Form and
Legal Sufficie~
City ~ttorney '
STATE OF FLORIDA )
! sst
COUNTY OF ~AL~ BEACH )
! HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State aforesaid and in the County
af0r~sai~ to take aqknowledgements, personally appeared
. AS~';~e,~=W~ ~_, ~ayor and
J' ~'~--~'~.~/ , City Clerk respectively of the
Ci~ oZ Bo~o~ Beach, Florida, and that =he~ severally'
~- ackn~led~ed executin~ the s~ iR the presence
~ubscribing witnesses freel~ and voluntaril~ u~er
~ duly vested In them by said City and that the CiCy seal
aZZixed ~hereto is ~he true corporate seal of said
" WI~ESS mF head and official seal i~ the County and
State last aforesaid this ~ day of ~. , 1988.
ao~9~y P~lic in and-[orth~
County a~ State aforesaid.
Witnesses:
PALM BEACH COUNTY CELLULAR
TELEPHONE CO., WEST PAl/4 BEACH,
FLORIDA
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me an officer
duly aUthoNized Un the State aforesaid and i~ the County
a~oresaid t° take acknoWledgements, personally appeared
and tha~ hershey se%erally acknowledqed executing the ;~e
in the presence of two subscribin~ witnossea freely and
volu~tarilyunder authority duly vested in them a~ that the
seal afftxe~ theret6 is the true corporate seal of sai~
company.
WIT~ESS ~y hand and official seal in the County and
State last aforesaid this ~ day of ?//_~z~ , 1988.
'Co~t~and Stat~ afo=e~aid.
~ uo?
i
I
i
EM
QUANTITY
MODEL
LIS TOL ER co., INC..
PROPOSAL NO. 2003-A
DATE 9___.~_~86
DESCRIPTION
PRICE
Two 19 hole waveguide ladders are included, one for
the City of Boynton Beach and one for Cellulr One.
These waveguide ladders will allow the City and
Cell one to have their transmission lines separate
from each.other.
Since the exact quantity of cellular antennas and
dishes for Cell One are not kno~rn at this time,
mounts for these antennas are priced separately.
PRICE BREAKDOWN:
Materials (per above) '- $129,210.00
Foundations ~(Piles 66" ~ x 49' + 1' re,'eal) ....... 54,6.62.00
Freight to site .........
Soil boring ..........................
Tower erection and installation .......
Total ........................
Florida Sales Tax ......
TOTAL TOWER COST ..........
'- 3,740.00
'- 900.00
- !8,000.00
....... $216,512.00
'-~--- 10,825.60
Dish antenna mounts with tie-backs .......
Cell antenna mounts ....... . .......
Labor to install cell antenna and line 760.0D/each
Labor to install trflXdish antenna and line ....... 1100.00/each
$227,337.60
$475.00/each
275.00/each
EXHIBIT C
To the Antenna .Tower Site Lease ar~ Joint Use Agreement dated
November 18r 1986, be~ the CJI
Florida,
Riviera Beach, Flori~ see.
Within ten (10) days of receipt of written notice of
ocmplaint, each party shall designate an indivi~] as arbitrator.
Within an additional ten~ [10) days, the two indivic~]s shall
appoint a third individual~.
Within an additional twenty (20) days, the three indivio%~ls
shall hear the dispute and shall, within tw~_nty (20) days after
hearing, render the/r-decision in ~writ/ng to both parties.
-12-