R06-111
II
1
2 RESOLUTION NO. R06- '"
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 : THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING EXECUTION OF AN AGREEMENT
7 REGARDING GROUND LEASE BETWEEN THE
8 CITY OF BOYNTON BEACH AND SPRINT
9 SPECTRUM, L.P., CONSENTING TO THE
10 ASSIGNMENT OF A GROUND LEASE INTEREST
11 AND OBLIGATIONS TO GLOBAL SIGNAL, INC.,
12 FOR THE TELECOMMUNICATIONS TOWER
13 LOCATED AT EZELL HESTER PARK AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, property for a telecommunications tower site has been leased by Sprint
17 Spectrum since, June 5, 2001, which Lease agreement establishes the annual fee for the
18 property including inflationary increases, and ensures that the lessee properly maintains the
19 improvements located at the Ezell Hester Park; and
20 WHEREAS, Sprint is requesting to assign the ground lease interest and obligations to
21 Global Signal, Inc., and for certificate of estopple; and
22 WHEREAS, staff has reviewed the request and recommends that the City consent to
23 the request thereby allowing Global Signal, Inc., to assume tower management responsibilities
24 and will leaseback the Sprint tower space to maintain existing telecommunications antennae
25 and equipment.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
28
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
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32 hereby authorize execution of an Agreement Regarding Ground Lease between the City of
33 Boynton Beach and Sprint Spectrum L.P., consenting to the assignment of the ground lease
34 interest and obligations to Global Signal, Inc., and for certificate of estopple for the
S:\CA\RESOlAgreemenls\Sprint Assign to Global (Ezell Hester Park).doc
"
telecommunications tower located at Ezell Hester Park in Boynton Beach, a copy of which is
2 attached hereto as Exhibit "A".
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Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of June..-
,2006.
CITY OF BOYNTON B~.ACH, FLORIDA
ATTEST:
...-
Yn.~
S:ICA\RESOlAgreementsISprinl Assign to Global (Ezell Hester Park).doc
Recording requested by
and when recorded
return to:
Global Signal Inc.
301 North Cattleman Road
Suite 300
Sarasota, FL 34232
Attn: General Counsel
ROb-ill
AGREEMENT REGARDING GROUND LEASE
THIS AGREEMENT REGARDING GROUND LEASE (this "Agreement") is
made as of June a.ct , 2006, between the party identified as "Landlord" on the signature page
hereof ("Landlord") and SPRINT SPECTRUM REALTY COMPANY, L.P., a Delaware limited
partnership ("Tenant").
RJH~IIALS:
A. Landlord and Tenant are now parties to that certain PCS SITE
AGREEMENT dated June 5, 2001, as memorialized by the MEMORANDUM OF PCS SITE
AGREEMENT recorded in OR Book 12752, Pages 1273-1281 in the Public Records of Palm
Beach County, Florida, a copy of which is annexed hereto as Exhibit A (the "Lease"), covering
certain real property more particularly described on Exhibit A attached hereto (the "Property");
B. Pursuant to an agreement dated February 14,2005 by and among Tenant,
certain subsidiaries of Tenant and Global Signal, Inc., the Lease and the property related thereto
(the "Premises") will be assigned to an affiliate of Tenant ("Tenant Affiliate"); and, after such
assignment, the references to Tenant herein shall apply to Tenant Affiliate;
C. Pursuant to a sublease (the "Sublease"), Tenant Affiliate will sublease its
entire interest in the Lease to an affiliate of Global Signal ("Subtenant") in exchange for certain
prepaid consideration and Subtenant will then leaseback to Tenant (and/or one or more of its
affiliates) the portion of the leased premises on which Tenant's telecommunications equipment is
currently located in exchange for certain ongoing payments (collectively, the "Lease and Lease
Back Transactions");
D. Certain lenders (each, together with their successors and assigns, a
"Lender") may make a 10at} to Subtenant or certain of its affiliates secured by a mortgage or
other security instrument encumbering Subtenant's interest in the Sublease; and
For good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:
MI54XC083 BOYNTON BEACH
1. Consent. To the extent any such consent is required by the Lease, Landlord hereby
consents (a) to the assignment of the Lease from the original tenant under the Lease (an affiliate of
Tenant) to Tenant (b) to the acquisition by Tenant Affiliate (or any affiliate thereof), directly or indirectly,
of Tenant's interest in the Lease, (c) to the Sublease (and the recording of a memorandum of the
Sublease) and (d) to the Lease and Lease Back Transaction.
2. Estoppel Certificate. Landlord certifies that (and Lender may rely on such
representations) the following statements are true as ofthe date hereof:
(a) Tenant is the current tenant under the Lease (a full copy of which, including all
amendments thereto, is annexed as Exhibit A), and the Lease is in full force and effect and contains the
entire agreement between Landlord and Tenant with respect to the Property. Landlord is either the owner
of the fee simple interest in the Property or the holder of a valid leasehold interest in the property and the
person or entity signing on behalf of Landlord is authorized to do so and no other person or entity's
signature is required to bind Landlord.
(b) No default exists under the Lease on the part of Ten ant, and, to Landlord's knowledge, no
event or condition has occurred or exists which, with notice or the passage of time or both, would
constitute a default by Tenant under the Lease.
(c) No payments to Landlord are required under the Lease for the Lease and Lease Back
Transactions or otherwise in connection with the above consents.
3. Agreement with Respect to the Lease and Sublease. Landlord hereby agrees with respect
to the Lease as follows:
(a) Lender and Subtenant shall have all of the rights of Tenant under the Lease, including the
right to exercise any renewal option(s) or purchase option(s) set forth in the Lease, and shall have the
right to assign the Sublease subject to Landlord's consent, which shall not be unreasonably withheld,
conditioned or delayed.
(b) Landlord shall deliver to any Lender and Subtenant (in each case at such address as shall
be designated in writing to Landlord) a copy of any default notice given by Landlord to Tenant under the
Lease. No default notice from Landlord to Tenant shall be deemed effective as against any Lender or
Subtenant unless received by such Lender or Subtenant.
(c) If Tenant defaults on any monetary obligations under the Lease, Landlord shall accept a
cure thereof by any Lender or Subtenant within thirty (30) days after delivery of notice of such defaults.
For non-monetary defaults, Landlord shall not terminate the Lease for so long as a Lender or Subtenant is
diligently pursuing a cure of the default, and if curing such non-monetary default requires possession of
the Property, then Landlord agrees to give the Lender or Subtenant a reasonable time to obtain possession
of the Property and to cure such default.
(d) Landlord acknowledges none of Tenant or Tenant Affiliate may terminate, surrender or
cancel the Lease except as provided in the Lease and may not amend the Lease in a manner that
materially increases the liability or obligations of Tenant or Tenant Affiliate or decreases the rights of
Tenant or Tenant Affiliate without the prior written consent of Lender.
2
MI54XC083 BOYNTON BEACH
4. Memorandum of Lease. To the extent the Lease or a memorandum thereof has not
previously been recorded, this Agreement shall constitute a "memorandum of lease" under applicable
State law and may be recorded in the applicable public records, the provisions of the Lease (with certain
financial terms redacted therefrom) being as set forth on Exhibit A annexed hereto and made a part
hereof.
5. Notices. All notices sent to any Lender or Subtenant shall be in writing and sent by
United States mail postage prepaid or other reputable courier service at the following address: c/o Global
Signal Inc., 301 North Cattleman Road, Suite 300, Sarasota, FL 34232, Attn: General Counsel; or to such
other address as Lender or Subtenant shall have notified Landlord in writing.
6. Miscellaneous.
(a) If this Agreement is inconsistent with the Lease, this Agreement shall control.
(b) This Agreement shall be binding upon Landlord and its successors and shall benefit each of
Lender and Subtenant and their respective successors and assigns.
(c) This Agreement may not be amended or modified except by a written agreement executed by
Landlord, any Lender and Subtenant. This Agreement may be executed in any number of separate
counterparts and all signatures need not be on the same counterpart.
[SIGNATURE PAGES FOLLOW]
3
MI54XC083 BOYNTON BEACH
TENANT
IN WiTNESS WHEREOF, the undersigned, by its duly elected officer(s) and pursuant to proper
authority has duly executed, acknowledged and delivered this instnnnent as its true act and deed.
SPRINT SPECTRUM REALTY COMPANY,
L.P.,
a Delaware limited partnership
BY~~~.J~
N.~ : N. 4vc\~,~J
TItle: 4~",;TA~T ~Gc RE.-rA~J
MlS4XC083 BOYNTON BEACH
LANDLORD
IN WITNESS WHEREOF, the undersigned. by its duly elected officer(s) and pursuant to proper
authority of its board of directors has duly executed, acknowledged and delivered this instrument as its
true act and deed.
CITY OF BOYNTON BEACH
~~
By:. . J
~;~~(J~.. ],. -.
MI54XC083 BOYNTON BEACH
EXHIBIT A
Lease and Legal Description
(see attached)
MI54XC083 BOYNTON BEACH
.
pes SITE AGREEMENT
,
ROI-aOD
Site Name BOYNTON BEACH-(HESTER PARK BALL FIB.D)
Address: 1901 Seacrest Blvd.. Boynton Beach. FL 33425
April.
Site L D. MI 64XC083
1. Prerrises and Use. Owner, CITY OF BOYNTON BEACH, leases to Sprint Spectrum LP., a Delaware limited partnership iSSLP"), the site
described below:
(Check BpproprlaRl box(es)1
181 Land ccnsIstIng of approximately 3(f xOO' square feet upon which SSLP wiD construc:t its equipment base station and antenna sbuctu1e;
l'iii2 Space required foI cable NIlS to connect PCS equipment and antennas,
in the IocaIIon(s) ("Site' shown on Exhibit A-1 (legal description), and Exhibit A-2 (drawings prepared by ARCADIS, GERAGHTY & MIU.ER and,
wh1ch shaI be replaced In the Mure with final Owner approved construction or as-buIIl dl3Wlngs), together with a non-ea;IusNe easement for
reasonable acees& thereto and to the approprillte, In the dlscntion of SSlP, source of eIectrIe and telephone facilities. The Site will be used by SSLP
for the purpose of Instating, removing, replacing, modifying. malrUlnlng and operating, at lis l!lCp8nSe, a personal comlBlllicatloos service system
faci~ iPCSj, lneIucIing, without Ilmllatlon, 8 ITlOIIIOpOIe, antema equtpnent, cable Ming, back-up power sources Oncludlng generators and fuel
storage tanks), related fixtures and, If applicabte to the Site, an anterna &lnJcture. SSLP will use the Site in a manner which will not unreasonably disturb
the occupancy of Owner's other tenants. SSLP wID have access to the Site 24 hours per day, 7 days per week.
2. Term. The tenn of tI'1is Agreement (the "Initial Term; is 5 years, commencing on the dale rCommencement Date") both SSLP and Owner have
exearted this Agreement This Agreement will be automatieaIIy renewed for four additional teml$ (each I .RenewaI Term") of 5 years each, unless
SSLP proYIdes OWner notice of intenlon not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term.
3. Rent. Upon el(~ion of this Agreemeti (hereinafter referred to as the "Commencement Date"), SSLP will pay Owner a one-tIme aggregate
payment of One Hundred Dollars ($100.00), the recelpt of which owner acknowledges. Thereafter, on the date of the issuance of a bulking permit,
SSLP shall pay Owner the amount of EIght Hundred and Twenty SIx Dolen ($826.00) as a one-tIrne fee for connection to Owner'a irrigation system for
the purpose of providing Irr!gaUon to the landscaping to be Installed by SSLP as required by arry development order Issued for the Site. On the date that
is abcly (60) days after the Issuance of a certificate of completion, the entire amount of rent for the initial five (5) year period shall be paid , to the Owner
in the amount of One Hundred and Ten Thousand Dollars ($110,000.00). Upon the ~ of the InltlalliYe (5) year term, rent wID be paid In advance
for eec:h subsequent fMl (5) year renewal term.
Following the termination of the initial five (5) year term, the red dua hereunder will be Increased and paid on each five (5) year anniversary of the
Comrnen<:emenl Date, to an amount equal to the greater of either: (a) the amount of the red payable during the prececlng fIVe (5) year term Increased
by fifteen percent (15%) per five (5) year teml, or (b) the percentage change In the CPI commencing on the f.m day of the month which is two calendar
months prior to the Commenc:enlenl Dale and ending on the last day of the ~ which is two calendar months prior to the ellpiratIon of the then
current five (5) year term. "CPI" meallS the consumer Price Index-U.S. City Averages for Urban Wage Eamera and Clerical WorIcer8 (1982-84=100)
published by the United states DepartmenI of Labor, Bureau of Labor StatistIcs (or a reasonably equivalent Index If such Index is dIscontInued). In no
event wiD the amount of the five (5) year periodic 1nsta11ment of rer4 dua under this Agreement, following such adjustment, be less than the lSmOUnt of the
/nst.aIImeflt durlng the preceding five (5) year tenn.
... TItJe and Quiet Possession. Owner represents and agrees (a) that It is the Owner of the Site; (b) thai It has the right to enter Into this Agreement;
(e) that the person signing this Agreement has the authority to sign; (d) that SSLP is entitled to access to the SIte at all tlmes and to the quiet P'Jn=-1on
of the SIte throughOUt the Initial Term and each Renewal Term so long as SSLP is not In default beyond the exp/rcItIon of any cure period; and (e) that
Owner shall nIlt have unsuperv\aed access to tI'1e Site or to the PCS eq~~.
5. AssIgnmentlSubIetting. SSLP has the right to sublet or assign its rights undeI" this Agreement 10 a third party telecommunications fac/my user(s),
provided howeVer that any such assignment, sublease, or co-IocaIion agreement shall be subject to the approval of a ground lease between Owner and
the third party teteeommunlcatlo facility user. PrIor consent of the Owner shaD not be required for a third party user(s) who eo-locate:s on the
monopoleAeIecommunIcatIons tower but who does not occupy grcund space, however Owner shaD be notified of any additional third party users who co-
locale on the monopoIeJtelecommooicatlons tower. Owner shaD be entitled to receive one hundred percent (100'll0) of the rent deriVed from any gromd
Ie8Se between Owner and the third party telecOmn'U1lc8tiona facility user, provided howl!\/er that Owner shall not share or otherwise be entitled to
reeeiYe any rent, revenues, payments, compensation or monies received and/or derived from the sublease, assignment or co-locatlon agreement
betWeen SSLP and the third party telec:omrnunlcations facility user(s) for space on the monopoIeJteIecoications tower leased to any such third
party by SSLP. Ant as&lgnment, ~b1eaae w c:o-IocaIIon agre.nent for all or 8 portion of the SIte by SSLP, shan req~re the prior consent of Owner,
which consent shall not be unreasonably withheld, delayed or conclitiOlled; provided however, SSlP &hall have the right to sublease or assign ils rights
under tI'1is Agreement to any of ils ~b&IcIaries, affiliates, or SlICCe$$N legal enIIties, or to any entity acquiring substanliaDy all of the assets of SSLP,
wifhout the consent of Owner, howeVer Owner shall be provided with notice upon the occurrence of any such assignment or sublease.
8. Notices. All notices must be In writing and are effective oNy when deposited In the U.s. mal, certIfted and postage prepaid, or when sent YIa
overnight delivery. NolIces to SSLP are to be sent to: Sprint PCS Lease Management, 1357 Hembree Road, SuAe 100, Roswell, GA 30076, with a copy
to SprInt Law DepaItment, Atterxlon: Sprint PCS Real Estate Attorney, 6391 Sprint Par1lway, Maiistop: KSOPHT0101-Z2020. Overland Parle, KS 66251-
2020. Notices to Owner must be sent to the address shown underneath Owner's signature.
7. ImprOvements. SSLP may, at Ita expense, make such ImproYemenIs en the SIte as It deemS necessary from time to time for the operation of the
pes system, subject to the municipal code and applicable state and federal laws. Owner agrees to cooperate with SSLP with respect to oblaInIng any
required zoning approvals for the Site and such Improvemenls. Upon """,illation or elCpiratIon oflhis Agreement, SSLP shall - lis equipment and
Improvements and will restore the Site to substantially the condiion elCisting on the Commencement Date, except for ordinary wear and tear and
casualty loss.
8. CompJJance with Laws. Owner represents thai Owner's property (including the Site), and all improvements located thereon, are In substaIWIaI
compliance with building, life/safety, disability and other laWs, codes and regulations of applicable governmenIaI authorities. SSLP will 8lbstantiaIy
compJy with all applicable laws relating to ita possession and use of the Site.
9. Interference. SSLP win resolve technical Interference problems with other equlpmenl located at the SIte on the Cornmelament Date or any
equipment that becomes attached to the Site at any future date when SSlP desires to add addftlonal equipment to the Site. Ukewise, Owner wID not
perml or suffer the installation of any futun! equipment which (a) resuls In technical Interference problems with SSLP's then existing equipment or (b)
encroaches me the Site.
10. Utilities. SSLP sha. verify In advance that utlitIes adequate foI SSLP's use of the Site are available. SSLP may install or irnpnM! existing utIIiIIes
aeMcIng the Site If necessary to SSLp'a use of the Site. SSLP wit pay for all utilties used by SSLP at the Site. In the event a sub meter for water
cannot be obIahed, Owner will Irwolce SSLP on an annual basiS foI water provided by Owner used to Irrigate the Site. Owner wil cooperate with SSLP
In SSLP'8 effor1s to obtain a sub meter for any utilities from any location provided by OWner or the servicing utility, including signing any easement or
other instrument reasonably required by the utllty company.
'-
91rlt
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11. T~lnatlon. SSLP may terminate this Agreement at any tine by notice to Owner without ;)I liability if SSLP does not oblaln all permits or
other approvals (collectively, "approval") required from any govemrnentaI authority or any easements required from any third party to operate the PCS
system, or If any such appl'ovaI is canceled, elqlIres or is withdraWn or terminated, or If Owner fails to haVe proper ownership 01 the Site or authority to
enter Into this Agreement, or if SSLP, in Its sole dIscretiOn, determines based upon changes or ~allcementa In technology since the time 01 the
commenc:ernen Date that the further use 01 the Site for its intended purpose by SSLP Is Impractlca/, inelllcient or otherwise unfeasible for Its Intended
purpose. Upon termination, all prepaid rent will be retained by Owner WlIess such termination is due to Owner's falure of proper ownership or authority,
Of such tennl1'latlon Is a result 01 Qwner'a defauIl
12. Default. If either party Is In default Wider this Agreement for a period 01 (a) 15 clays following receIpl 01 notice from the non-def8u11lng party with
respect to a default which may be cured solely by the payment 01 money, or (b) 30 dayS roIIowfng receipt 01 notice from the non4efaulting party with
respect to a default which may not be cured solely by !he peymenl 01 money, then, In either event, the non-defaultlng party may pursue any remedies
lMliIabIe to It against the cIefauItIng party \.nder applicable laW, Including, bUt not limited to, the rIlttt to terminate this Agreement. If the non-monetary
default may not reasonably be Clftd wtIhIn a 3O-ay period, this Agreement may not be terminated if the defaulting party commencea action to cure the
default within auch 3O-day penod and proceeds with due cllIgence to fuIy cure the default.
U. b.demolity. Owner and SSLP each Indermifles the other against and holds the other harmless from any and aD costs (lnc:luding reasonable
aIlorneYa' fees) and claims 01 liabIity Of loss which arise out 01 the ownership, use andfor occuJBlCY of the SIte by the indemnifying party. ThIs
Indemnily does not apply to wry claims artsIng from the sole negligence or Intentional mJscondud 01 the indemnified party. The Indemnity obIIg8llons
under this Peragrapl'l will aurme tennlnatIon 01 this Agreement.
14. Hazardous Substances. Owner represents that It has no knowledge 01 lIl'Iy substllnce, chemical Of waste (collectively, "substance1 on the SIte
that Is IdentItled as hazardous, tCllClc or clangerous In any eppIIcabIe federal, stete or Ioc;aJ law or regulation. SSLP will not Introduce or use any such
substance on the Site in vioIetIon d q applicable law.
11. Tues. SSLP will be responsible for payment of aD personal property taxes assessed clreclIy upon and arising aoIeIy from its use of the
commllllcatlons faclIIty on the Site. SSLP wll pay to Owner any Increase In real property taxes atbibutable solely to any improvements to the Site made
by SSLP within 60 days after receipt of satIsfaCtory docurnentatlon indIcalIng calculatlon of SSLP'a share 01 such real estate taxes and payment of the
real estate taxes by OWner. OWner will pay ~ due all other real estate taxes and assessments attribl.Cable to the property of Owner of which the SIte
Is a part.
18. tnsurance. SSLP wll procure end maInlaIn commercial genend liabiiity Insurance, with limits 01 not less than $1,000,000 Cur,lbiIllld single OmIt per
occ:urrence for bodily Injury and property damage liabiiity, with a certificate of insurance to be furnished 10 Owner within 30 days of written request. Such
policy will pnwlde tt1at canl:eIIation will not occur wlthcU at Ieasl 1S deya prior 'MItten notice to OWner. Owner 8h8I\ be named - an adcItionaI Insured
as JIB Interests may appear with respect to the required CO'IenIg8 and the operations of SSLP under this Agreement.
17. Maintenance. SSLP wID be responsitlIe for repaIrilg and maintaining the PCS system end any other Improvements Installed by SSLP at the SIle In
. proper operating and reasonably safe condition, IneIudIng malrtenance to the Site that may be required due lD the eels 01 vandalism; provided.
howeY8r If ." suc:h repair or maintenance Is reqwred due to the ads of Owner, JIB agents or employees, OWner shaI rSnburse SSLP for the
reasonable costs InCutred by SSLP to restore the damaged areas to the condition which existed Immediately prior thereto. OWner wBJ maintain and
repair all other portions of the property of which the SIte Is . part In 8 proper operating and reasonably safe condiIIon..
11. Miscellaneous. (a) ThIs Agreement applies to and bIr\dlI the heins, SUCC8S8OI'8, lfX8CUtOl'8, administrators and assigns d the parties to this
Agreement; (b) this Agn:ement Is governed by the ~ 01 the state In which the SIte Is located; (e) If requested by SSLP, OWner agrees promptly to
execute end deliver to SSLP a recordable Memor8ndum of this Agreement In the form of Exhibit B; (cI) this Agreement (including the Exhibits)
conatilUtes the entire agreement between the paItIes and supersedes ell prior written and verbeI agreenlellta, re~IdIloIIS, promises or
ur.dt:.stendlngs betWeen the pllI1les. Ar"f amendmenta \0 this Agreement must be In wrftIng end executed by bdh parties; (e) If arry pnMskln 01 ttlb
Agreement Is InValid or unenfon::eable with respect to any party, !he remaIncler of this Agreement Of the application of such provlslon to persons other
than those as to whom it is held invalid Of Ul'lef'foreeabIe, will not be affected and each pnMsIon of this Agreement will be valid and enforceable to the
fullest extent permitted by law; and (f) the prevailing party In any action or proceeding In court Of mutually agreed upon arbitration proceeding to enforce
the termS 01 this Agreemenl Is entIIed 10 receIY8 JIB reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-
preY8llng party.
ZOo Non-BUdng Untl Fully Executed. ThIs AgreeJ'IM Is for discussion purposes only end does not constItUte a formal offer by either party. This
Agreement Is not and shall not be binding on either party until WlClll'llesa It Is tully executed by both parties.
The roIIowIng ElchIbIts are attached to and made . part of this Agreement: Exhibits A-1 (Legal DescrIption). A-Z (Drawings prepared by ARCADIS.
GERAGHTY & MILLER). and B (MemorandWn of Lease) .
OWNER: CITY OF BOYNTON BEACH
... ,Hi L-
Its: Mavor
S.SJTax No.:
Address: _ P.O. Box 310 BOYnton Beach. FL 3342>0310
Date: fa-,S'70f
Sprint Spectrum L.P.
a-rr:-1r. ~
By. -:c:-
---::'E'Stte-~~- - ... ..-----------..- .-.- .---------.--
~
Attach Exhibit A - SIte Description end ExhibiI B - Memorandum 01 PeS Site Agreement
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EXHIBIT A
,
.
Site Name: Boynton Beach (Hester Partt BaD Field) pes Site Agreement
Site Address: 1to1 Seacrest Blvd.. Boynton Beach, FL 33426
April"
SltelD: MJ54XC083
Site Description
Site situated in the City of Boynton Beach, County of Palm Beach, state of Florida, commonly described as follows:
Legal Description:
Sketch of Site:
SSLP Initials
Owner Initials
Note: OWner and SSLP may, at SS '8 option, replace this ExhibIt with an t!llhibit selling forth the Iega/ description of the property on which the SIte Is
~ andfor an a&-buI\t drawing depicting the SIte.
1Use this Exhibit A for PCS Site AQreement, Memorandum of PCS SIte Agreement. Optm A9reement and Memofandum of Option Agreement.]
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This iilStrument prepared by:
Karen E. Rosel6
KAREN E. ROSELLI P A
222 Lakeview Avenue, Suite 260
West Palm Beach, FL 33401
.
.
Return this instrument to:
Karen E. Rosel6
KAREN E. ROSELLI P A
222 lakeview Avenue, Suite 260
West Palm Beach, FL 33401
Do not write above this line -this space reserved for recorcflng purposes
EXHIBIT B
April 99
Site Name: Boynton Beach (Hester Perk BaJI Fleldt PCS Site Agreement
Site Address: 1901 Seacrest Blvd.. Boynton Beec:h, FL ~3425
Memorandum of pes Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated ~ u..~ S
between THE CITY OF BOYNTON BEACH ('Owner-) and Sprint Spectrum L.P., a Delaware limited partnership ('SSLf7).
SltelD: MIMXC083
.2001,
Such Agreement provides in part that Owner leases to SSLP a certain site rSite') located at 1901 Seacrest Blvd., Boynton Beach, FL
33425, City of Boynton Beach. County of Palm Beach, state of Florida, within the property of Owner which is described in Exh Ibit A attached
hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years
commencing on Jl1.n.e. 5" . 2001, which term is subject to four (4) additional five (5) year extension periods by SSLP.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written.
"OWNER"
"SSLP"
:~~~7ii ~
Name: ~\d F tsro~i.~
TItle: _~ )
Address: PO. Bale 310 BovnIon Beach Fl33425-0310
Sprint Spectrum L.P., a Delaware limited partnership
---
-
By ~<~ ~~-
Naaames W. Greene'
Trtle: Director. South East Reaion
Address: 1357 Hembree. Suite 100
Roswell. Georala 30076
Witnesses as to Owner.
'-/7lrv.r~
~p1C;~V S~
Printed Name: e.. L. S
OWNER NOTARY BlOCK:
.
.
STATE OF FlORIDA
COUNTY OF PALM BEACH
The forego~ instrument was acknowledged before me this / J./.. /I... day of .:r tt n e......-
O by betaJ:L 8rt>e hi!} . 0 by , as
of . unicipal corporation, on ~ehalf of the mun~al.%rp...95a~on.
SUSANCOWNS ~.M?ti?-1A..- ~, (
(AFFI '~913630 (OFFICIAL NOTARY SIGNATURE)
_TbtII-,~~ NOTARY PUBUc-sTA TE OF F (on 'eI C<..
.2001.
My comrnIssQI ~res: tX/~ ,10;;
..
Su~AN COLLI NS
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER: cc q /3 ~d 0
SSLP NOTARY BLOCK:
6-11-
r~
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
2':ICL\N\tLS. W. E;) ( ~ 0 AI\. 0 J
1Jj#< day of ~ ,2001, by
S [. G2e t/OYlLl [ . 1/ e l' J." 01
Sprint Spectrum LP., a Delaware limited partnership, who executed the foregoing Instrument on behalf of such corporation.
~uJ.Ua,
(AFFIX NOTARIAL SEAl) (OFFICIAL NOTARY SIGNATURE) /l ~......., .
NOTARY P~J-'9i-ST9E OF ~
.ewl/m~
~tiL to. ~.~~
(PRINTED, TYPED OR STAMPED NAMe'OF NOTARY)
-
My cOmmls&lon expires:
lo!fJ7-( ~
~J;
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):'r:. I~menl p,epan>d by
. Karen E. Roselli
KAREN E. ROSELLI P A-
222 Lakeview Avenue, Suite 260
West Palm Beach, FL 33401
It
. Ro,-~oo
Jul-t!4- 1 89:S8n 01-3147'98
ORB 12752 Pq 1273
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Return this instrument to:
~ Mike Christiansen
~jastriana & Christiansen PA
wraPiN~DIKM I. t~~~ ~aua~~a~t~. HtthwH30~Ui te
'V
200
Do not write above this fine - this space reserved for recording purposes
April 99
Site Name: Boynton Beach (Hester Park Ball Fleldt PCS Site Agreement
Site Address: 1901 Seacrest Blvd., Boynton 8Hc:h, FL :3425
Site 10: MI54XC083
Memorandum of PCS Site Agreement
This memorandum evidences fhat a 'ease was made and entered into by written PCS Site Agreement dated J un~ E; . 2001,
between THE CITY OF BOYNTON BEACH ("Owner") and Sprint Spectrum LP., a Delaware limited partnership rSStp").
Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 1901 Seacrest Blvd., Boynton Beach, FL
33425, City of Boynton Beach, ColJ'1ly of Pam Beach, State of Florida, within the property of OWner which is described in Exhibit A attached
hereto, with grant of ~sement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years
commencing On Ju.~ S .2001, which term is subject to four (4) additional five (5) year extension periods by SSlP.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written.
"OWNER"
:~~#tL.
Name: Gera....\d I3>r oeni n'j
TItle: H A~~'"
Address: P.O ox 31b B
Attach ElChiblt A - Site Description
ClibPDF - www.fastio.com
"SSLP"
Sprint Spectrum L.P., a Delaware limited partnership
__By: ~~~i~
Na~mes W. Greene
Title; Director. South East Reoion
Address: 1357 Hembree. Suite 100
Roswel. Georaia 30076
The City of Boynton Beach
~. ~ ..\.......-"0 ",~. 0..... f.'
~-"\
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0------ .' ~
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'~. ro f"'~
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
July 12, 2006
General Counsel
Global Signal Inc.
301 North Cattleman Road Suite 300
Sarasota, FL 34232
Re: Resolution No. R06-111- Agreement Regarding Ground Lease
Dear General Manager:
Enclosed please find the original partially executed agreement approved at the regular
Commission meeting on June 20, 2006. I also included a copy of Resolution No. 06-111.
Please return a copy of the agreement after it has been completely signed and
recorded.
Please contact me if you have any questions.
Very truly yours,
CITY OF BOYNTON BEACH
~~Yn. p~
C~~net M. Prainito, CMC
City Clerk
Attachment
Copy to:
Central File
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