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R09-0881 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R 09- ©kV A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SITE LEASE WITH OPTION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND T- MOBILE SOUTH, LLC; 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 a Site Lease with Option Agreement with T- Mobile South, LLC., for a proposed telecommunications tower at the City's West Water Utility Plant located at 5469 Boynton beach Boulevard in unincorporated Palm Beach County; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize execution of the Site Lease with Option Agreement with T- Mobile South, LLC., for a proposed telecommunications tower at the City's West Water Utility Plant, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. S \CA \RESO\Agreements \Tower Site Lease T- Mobile doc 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PASSED AND ADOPTED this A0 day of June, 2009. CITY OF BOYNTONB FLORIDA Nfayor — err� Tqy1for Vice Mayor — Woodrow L. Commissioner — Ronald Weiland Commission r Jose Rodrigue Commissioner — Marlene Ross ATTEST: 21 22 - 23 / 24 Ja t M. Prainito, CMC 25 rty Clerk 30 31 S \CA \RESO\Agreements \Tower Site Lease T- Mobile.doc 9 RO_ 0 88 SITE LEASE WITH OPTION THIS SITE LEASE WITH OPTION (this "Lease ") is by and between the City of Boynton Beach, a municipal corporation ( "Landlord ") and T- Mobile South LLC, a Delaware limited liability company ("Tenant "). 1. Ontion to Lease. (a) In consideration of the payment of five hundred and no /100 dollars ($500.00) (the "Option Fee ") by Tenant to Landlord, Landlord hereby grants to Tenant an option to lease a portion of the real property described in the attached Exhibit A (the "Property"), on the terms and conditions set forth herein (the "Option "). The Option shall be for an initial term of twelve (12) months, commencing on the Effective Date (as defined below) (the "Option Period "). (b) During the Option Period and during the Initial Term and any Renewal Term (as those terms are defined below) of this Lease, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the Premises (as defined below) from all applicable government and /or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communications Commission ( "FCC ") ( "Governmental Approvals "), including all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, land -use permits. Landlord expressly grants to Tenant a right of access to the Property to perform any surveys, soil tests, and other engineering procedures or environmental investigations ( "Tests ") on the Property deemed necessary or appropriate by Tenant to evaluate the suitability of the Property for the uses contemplated under this Lease. During the Option Period and during the Initial Term or any Renewal Term of this Lease, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and permits or authorizations that relate to other property. During the Option Period, Tenant may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof. Upon the completion of any Tests, Tenant will restore the Property and Premises to its original pre- inspection condition, and repair any damage at its sole cost and expense. (c) If Tenant exercises the Option, then Landlord hereby leases to Tenant that portion of the Property sufficient for placement of the Antenna Facilities (as defined below), together with all necessary space and easements for access and utilities, as generally described and depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises "). The Premises, located at 5469 Boynton Beach Blvd., Boynton Beach, FL 33437, comprises approximately 525 square feet. 2. Term The initial term of this Lease shall be five (5) years commencing on the date of exercise of the Option (the "Commencement Date "), and terminating at midnight on the last day of the initial term (the "Initial Term "). 3. Renewal Tenant shall have the right to extend this Lease for five (5) additional and successive five -year terms (each a "Renewal Term ") on the same terms and conditions as set forth herein. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month -to -month tenancy under the same terms and conditions of this Lease. 4. Rent. (a) From and after the Commencement Date, Tenant shall pay Landlord or designee, as rent two thousand and no /100 ($2,000.00) per month ( "Rent "). The first payment of Rent shall be due within twenty (20) days following the Commencement Date and shall be prorated based on the days remaining in the month following the Commencement Date, and thereafter Rent will be payable monthly in advance by the fifth day of each month to Landlord at the address specified in Section 12 below. If this Lease is terminated for any reason (other than a default by Tenant) at a time other than on the last day of a month, Rent shall be prorated as of the date of termination and all prepaid Rent shall be immediately refunded to Tenant. Landlord, its successors, assigns and /or designee, if any, will submit to Tenant any documents required by Tenant in connection with the payment of Rent, including, without limitation, an IRS Form W -9. (b) During the Initial Term and any Renewal Terms, monthly Rent shall be adjusted on each anniversary of the Commencement Date to an amount equal to one hundred three percent (103 %) of the monthly Rent in effect immediately prior to the adjustment date (c) Notwithstanding anything to the contrary herein, if Tenant sublets a portion of the Premises to one (1) or more subtenants in accordance with Section 15(a) below, monthly Rent shall be increased by an amount equal to five hundred dollars ($500.00) over the then existing monthly Rent for each such subtenant, prorated for any partial months. Tenant shall notify Landlord in writing of the commencement date of any such sublease, and the first payment of sub -rent shall be due within twenty (20) days after such commencement date. Subsequent payments shall be payable in advance by the fifth day of each month to Landlord at the address specified in Section 12. If Tenant's sublease with any additional subtenant terminates for any reason, the additional Rent that Tenant pays Landlord pursuant to this provision shall be proportionately reduced accordingly, effective as of the effective date of termination of the sublease. (d) Notwithstanding the provisions of subsection 4(c) above, if there is insufficient ground space in the Premises to sublease to future subtenants, Tenant shall be permitted to sublease space on the tower to other third parties provided that any such subtenants first enter into a commercially reasonable lease agreement with Landlord for additional ground space on the Property prior to commencing 1 Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami operations on the tower. In such event, both Landlord and Tenant agree to charge commercially reasonable rental amounts for their respective tower and ground space leases to such third parties and each shall be entitled to keep any and all rent or other fee derived from their respective leases. Also in such cases, the increased rental rate referenced in Section 4(c) above shall not apply. Tenant shall notify Landlord of any proposed collocation on the tower. 5. Permitted Use. (a) The Premises may be used by Tenant for the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, including, without limitation, tower and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities. (b) Landlord may use the Reserved Space (as defined below) to operate, police, fire, ambulance, and /or other government licensed public safety antennas. (c) Landlord may, at its sole cost and expense, install, maintain, repair operate and remove up to two (2) small parabolic antennas ( "Landlord's Antennas") on the tower at the seventy-eight foot (78') above ground level (the "Reserved Space ") at no rental cost to Landlord. Landlord's Antennas shall be used for the purpose of transmitting and receiving government licensed emergency and law enforcement frequencies. Tenant shall have no obligation to install, maintain, repair, or remove Landlord's Antennas and shall not in any way be liable for, and shall, to the extent permitted by law, be indemnified and held harmless by Landlord in relation to, their malfunction or inability to operate absent Tenant's interference therewith as prohibited in Section 6 below. Notwithstanding the aforementioned indemnification, Landlord does not waive its sovereign immunity pursuant to Section 728.68, Florida Statutes. Construction drawings for the Landlord's Antennas must be approved by Tenant in writing before the Landlord's Antennas are installed on the tower, and Landlord and its contractors (all of whom must be pre- approved by Tenant) must obtain Tenant's prior consent before doing any installation, repair, maintenance or other work on the tower. Landlord shall be solely responsible for all costs and expenses relating to the operation, repair, maintenance and replacement of Landlord's Antennas, including, without limitation, utility service charges. In connection with the installation, operation and maintenance of Landlord's Antennas, Landlord must obtain and maintain commercial general liability insurance with a combined single limit of $1,000,000.00 for bodily injury, death and property damage per occurrence, and Tenant shall be named as an additional insured on such policy and be provided certificates of such insurance. Landlord's contractors who perform work on the tower must obtain and maintain the same types and amounts of insurance coverage that Tenant's contractors are required to maintain, and Tenant shall be named as an additional insured on all liability policies and be provided certificates of such insurance. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord or lessees or licensees of Landlord with rights in the Property prior in time to Tenant's (subject to Tenant's rights under this Lease, including, without limitation, non - interference). Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease immediately upon written notice. Notwithstanding the foregoing, the operation of the Antenna Facilities (as defined below) at any given time shall not interfere with Landlord's Antennas provided that Landlord's Antennas (i) have been installed in accordance with Section 5(b) above, (ii) are being operated within their licensed frequencies, (iii) are being operated in the manner intended by the manufacturer and are not malfunctioning, and (iv) are located within the Reserved Space. 7. Improvements; Utilities: Access. (a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate its communications system, including, without limitation, a monopole designed to have the appearance of a palm tree, radio transmitting and receiving antennas, microwave dishes, tower and base, equipment shelters and /or cabinets and related cables and utility lines and a location based system, as such location based system may be required by any county, state or federal agency /department, including, without limitation, additional antenna(s), coaxial cable, base units and other associated equipment (collectively, the "Antenna Facilities "). Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the term of this Lease. In the event Tenant desires to modify or upgrade the Antenna Facilities and Tenant requires an additional portion of the Property (the "Additional Premises "), for such modification or upgrade, Landlord agrees to negotiate in good faith an amendment to this Lease for the Additional Premises, which Additional Premises shall be contiguous to the existing Premises and which location shall be acceptable to both parties, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by a pro -rata amount of the Rent then currently being paid by Tenant. Landlord's approval to any such request for Additional Premises shall not be unreasonably withheld, delayed or conditioned but will be made in accordance with all applicable laws and ordinances. Tenant shall cause all construction to occur lien -free and in compliance with all applicable laws and ordinances. Landlord acknowledges that it shall neither interfere with any aspects of construction nor attempt to direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined below). The Antenna Facilities shall remain the exclusive property of Tenant and shall not be considered fixtures. Tenant shall have the right to remove the Antenna Facilities at any time during and upon the expiration or termination of this Lease. Site Number: 6WPI208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami (b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities, including, without limitation, the construction of a fence on the Premises. Tenant shall provide Landlord with a key or access code so as to permit access to the Antenna Facilities in the event of an emergency. For purposes of this subsection 7(b) an emergency shall be defined as an event that may result in the imminent harm to persons or property. (c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty outside the control of Tenant or casualty caused by third parties excepted. Within sixty (60) days after the termination or expiration of this Lease, Tenant, at its sole cost and expense, will remove the Antenna Facilities from the Premises and the Premises shall be returned to Landlord in good, usable condition, normal wear and tear excepted. (d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts in assisting Tenant to acquire necessary utility service at no cost or expense to Landlord. Tenant shall, wherever practicable, install separate meters for utilities used on the Property by Tenant. In the event Tenant is unable to install separate meters despite its diligent efforts, Tenant shall pay the periodic charges for all utilities attributable to Tenant's use, at the rate charged by the servicing utility. If Tenant is submetering then Landlord shall make all commercially reasonable efforts to correct any variation, interruption or failure of utility service. (e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant easements on, under and across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain utilities, including, but not limited to, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any Renewal Term (collectively, the "Easements "). The Easements provided hereunder shall have the same term as this Lease. (f) Tenant shall have 24- hours -a -day, 7- days -a -week access to the Premises at all times during the Initial Term of this Lease and any Renewal Term, at no charge to Tenant. (g) Landlord shall maintain and repair all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow vehicular and pedestrian access at all times, at its sole expense, except for any damage to such roadways caused by Tenant. (h) Tenant shall, at its cost and expense, install landscaping around the perimeter of Premises as depicted in the Exhibit B of the Lease. During the Initial Term and any Renewal Term, Landlord shall water and maintain, all required landscaping as depicted in the Exhibit B of the Lease. (i) Absent the negligence or willful misconduct of Landlord, or Landlord's employees, agents, contractors, subcontractors, lessees, licensee and invitees, Landlord shall not be held responsible or liable for damage or destruction of the Antenna Facilities or personal property of Tenant. 8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: (a) upon twenty (20) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within such twenty (20) day period; (b) immediately upon written notice by Tenant if Tenant notifies Landlord of any unacceptable results of any Tests prior to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant does not obtain, maintain, or otherwise forfeits or cancels any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary to the installation and /or operation of the Antenna Facilities or Tenant's business; (c) upon sixty (60) days' written notice by Tenant if Tenant determines that the Property or the Antenna Facilities are inappropriate or unnecessary for Tenant's operations for economic or technological reasons (d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises and /or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or (e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. 9. Default and Rieht to Cure. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each parry shall have the right, but not the obligation, to terminate this Lease on written notice pursuant to 3 Site Number: 6WPI208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami Section 12 hereof, to take effect immediately, if the other party fails to perform any covenant or commits a material breach of this Lease and fails to diligently pursue a cure thereof to its completion after thirty (30) days' written notice specifying such failure of performance or default. 10. Taxes Landlord shall pay when due all real property taxes for the Property, including the Premises. In the event that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing, Tenant shall pay any personal property tax, real property tax or any other tax or fee which is directly attributable to the presence or installation of Tenant's Antenna Facilities, only for so long as this Lease remains in effect. If Landlord receives notice of any personal property or real property tax assessment against Landlord, which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient to allow Tenant to consent to or challenge such assessment, whether in a Court, administrative proceeding, or other venue, on behalf of Landlord and /or Tenant. Further, Landlord shall provide to Tenant any and all documentation associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this Section 10. In the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant shall have the right, but not the obligation, to terminate this Lease without further liability after thirty (30) days' written notice to Landlord, provided Tenant pays any real property taxes assessed as provided herein. 11. Insurance and Subroeation and Indemnification. (a) Tenant will maintain Commercial General Liability Insurance in amounts of One Million and no /100 Dollars ($1,000,000.00) per occurrence and Two Million and no /100 Dollars ($2,000,000.00) aggregate (the "CGL Policy ") which shall not exclude explosion, collapse and underground perils. Landlord shall be named as an additional insured on the CGL Policy. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of liability insurance Tenant may maintain. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of Florida, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of A VII or better. (b) Landlord, to the extent authorized by law, and Tenant each agree to indemnify and hold harmless the other party from and against any and all claims, damages, costs and expenses, including reasonable attorney fees, to the extent caused by or arising out of the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants and /or subtenants of the indemnifying party, or a breach of any obligation of the indemnifying party under this Lease. The indemnifying party's obligations under this section are contingent upon its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party and the indemnified party's granting it the right to control the defense and settlement of the same. (c) Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this Section 11 shall survive the expiration or termination of this Lease. Tenant shall not be responsible to Landlord, or any third -party, for any claims, costs or damages (including, fines and penalties) attributable to any pre- existing violations of applicable codes, statutes or other regulations governing the Property. (c) Tenant shall maintain, during the term of this Lease, Workers Compensation as prescribed by applicable law. 12. Notices All notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next - business -day delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant, to: T- Mobile USA, Inc. 12920 SE 38` Street Bellevue, WA 98006 Attn: PCS Lease Administrator With a copy to: Attn: Legal Dept. And with a conv to: T- Mobile South LLC 3407 W. Dr. Martin Luther King. Jr. Tampa, FL 33607 Attn: Lease Administration Manager With a copy to: Attn: Legal Dept. Site Number: 6WP1208D Site Name: Boynton Water Treatment Market: Miami If to Landlord, to: City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 -0310 And with a coav to: Attn: City Attorney Send Rent aavments to: City of Boynton Beach Blvd. 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 -0310 Site Lease version 9.21.07 13. Ouiet Eniovment. Title and Authoritv. As of the Effective Date and at all times during the Initial Term and any Renewal Terms of this Lease, Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and authority to execute and perform this Lease; (ii) Landlord has good and unencumbered fee title to the Property free and clear of any liens or mortgages, except those heretofore disclosed in writing to Tenant and which will not interfere with Tenant's rights to or use of the Premises; (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord; and (iv) Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 14. Environmental Laws. Landlord represents to the best of its knowledge and belief that it has no knowledge of any substance, chemical or waste (collectively, "Hazardous Substance ") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance to the extent caused by Landlord that have occurred or which may occur on the Property. Each party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liability (collectively, "Claims ") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and reasonable attorney fees that they cause the other (collectively, "Actions "). Landlord agrees and covenants not to sue Tenant in relation to Claims resulting from Actions on the Property caused by Landlord. The indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. 15. Assienment and Subleasine. (a) Tenant will not assign or transfer this Lease without the prior written consent of Landlord, which consent will not be unreasonably withheld, conditioned or delayed; provided, however, Tenant may assign or transfer this Lease without Landlord's prior written consent to (i) Tenant's principal(s), affiliates, subsidiaries of its principal(s) and affiliates or (ii) to any entity which acquires all or substantially all of Tenant's assets in the market defined by the Federal Communications Commission ( "FCC ") in which the Premises is located by reason of a merger, acquisition or other business reorganization. With respect to any permitted assignment made pursuant to Section 15(a)(i) only, Tenant shall not be relieved of all future liabilities and obligations accruing under this Lease. With respect to any permitted assignment made pursuant to Section 15(a)(ii), or upon any other assignment or transfer that is approved by the Landlord, from and after the effective date of any such assignment or transfer, Tenant shall be relieved of all future liabilities and obligations accruing under this Lease. Tenant may lease, license or sublet space on the tower with the exception of the Reserved Space for Landlord specified in this Lease. (b) Intentionally Omitted. (c) Landlord shall have the right to assign or otherwise transfer this Lease and the Easements granted herein, upon written notice to Tenant except for the following; any assignment or transfer of this Lease which is separate and distinct from a transfer of Landlord's entire right, title and interest in the Property, shall require the prior written consent of Tenant which consent shall not be unreasonably withheld. Upon Tenant's receipt of (i) an executed deed or assignment and (ii) an IRS Form W -9 from assignee, and subject to Tenant's consent, if required, Landlord shall be relieved of all liabilities and obligations hereunder and Tenant shall look solely to the assignee for performance under this Lease and all obligations hereunder. (d) Additionally, notwithstanding anything to the contrary above, Landlord or Tenant may, upon notice to the other grant a security interest in this Lease (and as regards the Tenant, in the Antenna Facilities), and may collaterally assign this Lease (and as regards the Tenant, in the Antenna Facilities) to any mortgagees or holders of security interests, including their successors or assigns (collectively "Secured Parties "). Any lien holder of Tenant shall perform any and all obligations of Tenant pursuant to this Lease and shall cure any and all defaults pursuant to this Lease. In the event a lien holder of Tenant fails to perform any or all of the obligations of Tenant hereunder and cure any and all defaults hereunder, the lien, if any, of said lien holder shall be null and void, shall be of no further force and effect and said lien holder shall have no rights under the Lease or otherwise. Tenant shall keep the Property free from any liens. In the event a lien is imposed which arises out of Tenant's work performed, materials furnished, or obligations incurred, the lien shall be bonded off within thirty (30) days. No work which Landlord permits Tenant to perform on the Property or Premises shall be deemed for the use or benefit of Landlord so that no mechanic's liens or other lien shall be allowed against the Property or Premises of the Landlord. Landlord shall have the right to post notices that it is not responsible for payment of any such work. 16. Successors and Assiens. This Lease and the Easements granted herein shall run with the land, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17. Waiver of Landlord's Lien. Landlord hereby subordinates any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof to any prior lien interest related thereto and acknowledges that the Antenna Facilities shall be deemed personal property for the purposes of this Lease, whether or not the same is deemed real or personal property under applicable laws. Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami 18. Sovereien Immunitv. Notwithstanding anything to the contrary in this Lease, Landlord does not waive its sovereign immunity pursuant to Section 728.68, Florida Statutes. 19. Miscellaneous. (a) The prevailing party in any litigation arising hereunder shall be entitled to reimbursement from the other party of its reasonable attorneys' fees and court costs, including appeals, if any venue shall lie in Palm Beach County, Florida. (b) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements with respect to the subject matter and property covered by this Lease. Any amendments to this Lease must be in writing and executed by both parties. (c) Landlord agrees to cooperate with Tenant in executing any documents necessary to protect Tenant's rights in or use of the Premises. A Memorandum of Lease in substantially the form attached hereto as Exhibit C may be recorded in place of this Lease by Tenant. (d) In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non - disturbance and attornment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. (e) Tenant may obtain title insurance on its interest in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith, at no cost or expense to Landlord. (f) This Lease shall be construed in accordance with the laws of the state in which the Property is located, without regard to the conflicts of law principles of such state. (g) If any term of this Lease is found to be void or invalid, the remaining terms of this Lease shall continue in full force and effect. Any questions of particular interpretation shall not be interpreted against the drafter, but rather in accordance with the fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing by the waiving party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. (h) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacities as indicated. (i) This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 0) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand and acknowledge that Exhibits A and B may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A and /or B, as the case may be, may be replaced by Tenant with such final, more complete exhibit(s). (k) If either party is represented by any broker or any other leasing agent, such party is responsible for all commission fees or other payment to such agent, and agrees to indemnify and hold the other party harmless from all claims by such broker or anyone claiming through such broker. (1) The parties agree to comply with all applicable laws of the United States of America, State of Florida, and the Ordinances of the City of Boynton Beach. Tenant shall secure all necessary permits and licenses and use good faith efforts to keep same in force during the term of this Lease and shall not commit any waste of the Property. Tenant acknowledges that certain permits may require action at the City Commission of the City of Boynton Beach, and that execution of this Lease by the Landlord in no way guarantees further approval by the City Commission. (m) In accordance with Florida law, the following notice is hereby given to Tenant: "RADON GAS: RADON IS A NATURALLY OCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCULILATED IN A BUILDING IN SUFFICIENT QUANTITY, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSE TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUILDELINE HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT". * ** REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK * ** Site Number: 6WPI208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami The effective date of this Lease is the date of execution by the last party to sign (the "Effective Date "). LANDLORD: City of Boynton Beach By: ^, Printed Name: Title: Kuh 1 1SK ) €R CITY tywi AGL Date: BOYNTON $�qCN, FI ( WITNESS: By: Printed Name: Date: TENANT: T- Mobile South LLC By: i 1 Printed Name: Tim B. Cha]er Title: Area Director, Engine �r� g �Operations Date: 7_ WITNESS: By: e - - �t-- Printed Name: A L &A 14 Date: 6 I o T- Mobile Legal Approval APPROVEe? A:r TO Fo C, ArrORNE� WITNESS: By: c C�»� Iltl � Printed Name: FR W A Date: 6'11 S WITNESS: By: Printed Name: tM V Date: O 7 g 7 Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami EXHIBIT A Legal Descriptions The Property is legally described as follows: PARCM 15 A paW of (fetid .siutate In the South one-MR (1/2) of Section 23, Township 468cuth. Renp Q fit, Palm Beach Cotutty, Flofidd, more Orly deed as ia9m: Comenoing at Do Southwest comer d the Sou#m* oneqaeRar (114) of said Section 23; therm NorBt 00.1904" West along the Wad foe of sold Soulnut onw quaftsr (114) d Soo ft 29, a dlatance of 70.15 fast to the efth Nodh dg19-o1 -way of S.R. 804, as reomleti In Road Plot t3ook 1, page 184, of the P ubiko Rammda d tfaN County; nuance North 804894' Ent along wkl f k-d- my kfne, a OWN of MIT feet to the paint of beginning. FM the point of bspinnblg. corll;intta Nash 88'19 ESId Skoog Bald &R. 104 dShW—Piq fns, a dtsirinoe d SV-27 feat; thence. NofQt OQ°0xW iM a woe d 418870 fees;11woe South 89'30W West a diems of 39206 feet Ownce South 0(1'0344 Went a d1olance of 589.61 feet to the pobtt of beginning. PARCEl.1S A pataat of 1Sful .alluats In ftte South one•hW (112) of Section 23. Towttahlp 46 South, Range 42 taut, Palm Beach County, Florida, mono partlouttuiy descrInd se ft ltows: C., : .: at the 800thwnd corner ON* 8cediteaat t7"adw (114) of aid d Section 28; upstate Nw&,Or1M" West Wong tba Vftd 1111fe atsetd Southeast On"aft4w, (14) dSection 83, a d1elaw of 70AS4 feet to the eat North dghW -way On* of S.R. 804, as rscoRW In Road Plat Book 1, raga 184, d the ptMa Ra w& of amid Owmty; Stance North 884804 ". East along soiCE figtlt y tins, a date of 40.00 fast to the East foe of an 80 foot cigttt•d -way for Do E- 3canal.and the Point of beglnab% Fmm the paint d booming, attM#nue !North 89.1804 East abng said S.R. 804 Mght -of-ay fne. .a---- e d 292.x7 cleat; thence North 00' 43" gad a dlatonce of 588.91 feet !hens Souh 88'30'78" VVed a Warm of 282.M feet to Ute afareawhf Ent In of #w"fa nd dg*of -way; thane South 00'04 'Went abM said SW One, s detente of 580.78 fast to the point of beginning. Site Number: 6WPI208D Site Name: Boynton Water Treatment Market: Miami n I Site Lease version 9.21.07 EXHIBIT B The location of the Premises within the Property (together with access and utilities) is more particularly described and depicted as follows: The Premises are legally described as follows: T-MOSU LEASE AREA: A portion of the Southeast 114 of Section 23. TownsNp 45acuth. Range 42 East; Palm Beach Ocunty, flce9da being more partYxdatly doOftod hie tOtlOWe; Coaanence at tea Southwest comer of the of romentloned SOuthsaet 114; thence North 41P24W East. (beartngo sham hereon are bssad on a bea trp of South 88'28y14" Was; along the South Una of the albremontioned Seaflon 231 a dbtanm of OW.77 feat to the Point of Begkutinp, therm North 24'02'05' West a dlsArve of i5.0fn fad; thence North d6*STW East. a distance of SO 00 feet; thence South 2V02Yfti" East, a dlslance of ISM AmW.,ftnoe Scull► 05%?W West a ftlanae of 36.00 fast to the PoW of Beginning. Sold de zc&ed parcel caftintng 825 square feet, more or tees. The Tenant's access easement is legally described as follows: 15 FOOT T -MOSlL N: t4V(CLUSWE ACOM EASEMEW. A parson of the SOUtheaat 114 of SwAbn 23, Towhhdhip 45 Swift Fangs 42 Gast, Palm Beach County, Flortda in while tits oentawka Is being more pshticulerty deso fbad as follows; Commence at the Southwest. cwmar of the aforementioned SWAMad 114; thence NCO 78'24 gwt. Oxwoge shown hares► are based on a bem(rg Of Smd h 80 C' Weed abng the South We of the afore+ranft hod Section 23). a distance of 447.40 fiat to the Point of BagAshitQ of the adoremerdlonad ahtKarlits being kx*W an the NWO ft ht of way IN at State Road M. 804, Boynton Smah Boulevard; thence North OO'00'OO' Whet, a diatenoe of 247.* fast; tthitu:e Norilh 9O'OIt W But a didencs of iSTA2 feet ;loom KOM 00'00'QO' But a dldanoe of 1 i 8.48feet thence North 87"38'12' VAnk a distance of S2.SO last Owns North 2CMW Waet.,a diatence of 15.18 feet to the Paint of lanrdnin, badsg loaited on No Sout weal time of the T -MOBLE LEASE AREA. Said dowfted parcel containing S8 aquare feet more or IM. The Tenant's utility easement is legally described as follows: 5 FOOT T- MOBILE NON-EXCLUSIVE tMUTY lAilEMI: A potion of the Southeast 114 of Section 23; Taa+mehIp 45 SOUIh, Range 42 Enal, Palm Beach Couft Ftodds it which the centerline is being more p:h y described ore Maw, Commence at the Soutwoed corner of the afara YwOorrad 8Oulned 114; ton a North 2irwir EaeL (beatings shown haraon are based on a boft d South 80 8'44" Wsd abng the South tin» of the edoremeth8onad Saotlonn 23� a distance d 382.78 fast to the Point of BeginnIng of the atbrannanOmed senlsrift b ft located on the Wed ttece of an Odatiar %tt limos Nom 80'88' , East. along a In 7.5 feet $C Afh of and paraMat WIN the NCO face Of an striation wart and its Pisleriy pm*bn, a dblance of 23SM het; thence Nonni OO'Otl'W Eam, a dtelenCe d i ttl.0tt fast tlha nos North 66'mr Ewa, a dlea m of 08.11 feet; thence North 24'02'05' Wait, along a Ww 2.5 led Soutmeatady of and parallel vile the Soutlhwastedy 8ne of Ilrs T W OSU LEASE ARl=A a dtedahoa d 21128 task thence fdaelth 8ti'S71i9" tom. atoeh9 a i6te 2.5 feat t+lorttamintiy of and peraled with the Northwest Ache of;the T•MORU LEM AtREq, a distance of 28.80 fast; thence North 06'41%r MK a distance of 77AT feet; i hence North 54'38W WeeL a d olsrhoe d 80.44 fast; therhm NOAfh W42 ` Weal, a d denoe of 29M feet to the Point of Twminre, bstng betted on the Eadaty face of on exterior well. ft1d dascibW parcel raont lnIng 4617 square feet moos or bee. Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami Site Plan Page 1 of 3 E%STNG fPL VAUIT EIOSTWO ��� �� — Y — ��y— —Y— •.Y —y _ _y— y— Y� y —y —a —• y y —Y —�Y — Y I C%KT%1G CNW EERCE -- 0 I �F. /'� BULOMG EwsTwc .�yAA%I I I' IAie - ->+< I s a�. TM �' • [ Ell �UIDRE 1 REIFNfION I � I I WATER TMIIt V 1711' 15 -0 r° I I J I I I I6 CONC & rrn - u - LJ I I 1 I PARRWG AREA------ - - - - -- J � s ! I � ---- I - - - - -- --- R MWM I I E%61%!G ! ' - aornroN eua WouLnAnD SITE PLAN 0 ]S' )D' GPIPI%C SCAIF IF Mobile j r WIDE rrl wi ;im T -Umm Now- F1mllfYE ru �YV• E RDIRI m OF fO51WIG PROPEIIIV PrAW08ED IV T- 110011E IIDNOPOE 00� OF PWOPOWtO I0r % 3r T -MOOSE 1rAe AREA INIM EwSRNG RESIDENTIAL ANFA FA No"- TT 20 t a* A1LNE AOCUS Gi1nR E10 m PROPANE rANx oN corluETE PAD E%511ND LwDS( ETasrNG urtnr POIE w/ iRANSFORYEII jrMACTEC e rr Io1 a -„x I� I 1 I 1 1 1 1 I • �-'�� ncrrr ++ I �nlro) it 1 . rAAro � 1( I wY OAI[ I 1 E BOYNTON WATER TREATMENT WP1208D LEASE EXHIBIT (SITE PLAN) Ll I� 10 Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami Site Pl Pago o f 3 VOW EC -")MILE Z-030"O, ripw moo -WAWl lam AL / G � L S � 1 -� NOW— \ > rY OF 2 ) woo . ��r's=. ° O ° \ 1` `,,; l f,+ ll ��, � // ,.., ,�- � '\� / B0, REoAt4 wpl2ow IT WE j C OM P OU ND L2 PAM — Sit, Lease version 9.2 11 ,Numbet'. 6 1 NP 1209D treatme Site -N Boyntoll w ater Site Market: Miami Site Plan Page 3 of 3 MP OF PIIOPOM MOM~ d M'-a MD CWU OF PI WCM T -MME AWD"S iV118E CIIWIFA AMIFlRUS EL 83 FUIUE 4TIY d91 AMENNA VIUBE T- 11a&lE EOUfYEIIf G191FT (ITP. p' Z) IlIMAim PNL o1►. OP ppo_y� si n�ie Om1 s -�w� PaOPOP® M' T-Mow VANDP E PaOPOam T -YOM COAX IPWK PAWO® TAE am law% xr COW ON PFAMW Y-r • IV ammc2/rrmeoe PM ' t Q Q PaOPOam T-YOIE r n Umt FEWE (1O MaCH DMIN ) d -0 —01 TOWER ELEVATION a e' rz' a lter I Air Site Number: 6WP1208D Site Name: Boynton Water Treatment Market: Miami 12 m • -Mobile - K Iwl Y jrmAc 1 Lc I r .r r �R r r e iyya. — NM I fi OIY�1 M nWBfI. 6 b BOYNTON WATER TREATMENT WP1208D Pars oa PuelMYi / P818101 efMl. R OU) 116f WY � LEASE EXHIBIT (ELEVATION) l L3 Site Lease version 9.21.07 EXHIBIT C Memorandum of Lease 13 Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami MEMORANDUM OF LEASE Assessor's Parcel Number: 00- 42- 45- 23 -00- 000 -5030 Between the City of Boynton Beach ( "Landlord ") and T- Mobile South LLC ( "Tenant ") A Site Lease with Option (the "Lease ") by and between the City of Boynton Beach, a municipal corporation ( "Landlord ") and T- Mobile South LLC, a Delaware limited liability company ( "Tenant ") was made regarding a portion of the following property: See Attached Exhibit "A" incorporated herein for all purposes The Option is for a term of twelve (12) months after the Effective Date of the Lease (as defined under the Lease), The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date "). Tenant shall have the right to extend this Lease for five (5) additional and successive five -year terms. The Lease prohibits Tenant from placing any Lien on the Property including but not limited to a mechanic's lien. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: City of Boynton Beach By: NOT FOR EXECUTION Printed Name: Title: Date: WITNESS: WITNESS: By: NOT FOR EXECUTION By: NOT FOR EXECUTION Printed Name: Printed Name: Date: Date: TENANT: T- Mobile South LLC By: NOT FOR EXECUTION Printed Name: Tim B. Chandler Title: Area Director, Engineering & Operations Date: WITNESS: WITNESS: By: NOT FOR EXECUTION By: NOT FOR EXECUTION Printed Name: Printed Name: Date: Date: Memorandum to Site Lease with Option - Page 1 Site Number: 6WPI208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami /Notary block for Landlordl STATE OF FLORIDA ) } ss. COUNTY OF ) This instrument was acknowledged before me on by , [title] of City of Boynton Beach a municipal corporation, on behalf of said City of Boynton Beach. Personally Known OR Produced Identification Type of Identification Produced Dated: (Use this space for notary stamp /seal) NOT FOR EXECUTION Notary Public Print Name My commission expires fNotary block for Tenantl STATE OF FLORIDA ss. COUNTY OF ) This instrument was acknowledged before me on by Tim B. Chandler, Area Director, Engineering & Operations of T- Mobile South LLC, a Delaware limited liability company, on behalf of said T- Mobile South LLC. Personally Known OR Produced Identification Type of Identification Produced Dated: (Use this space for notary stamp /seal) NOT FOR EXECUTION Notary Public Print Name My commission expires Memorandum to Site Lease with Option - Page 2 Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami Memorandum of Lease Exhibit A Legal Descriptions The Property is legally described as follows: PARENT TRACT DESCRiP1'tCt�k '---- ...._... ------------- - - - - -- - - -- -- - - - - -- - - - -- -- -- - - - - -- PARCEt. A paroul of land .alwale In the South one4M ( W) of Section 23, Township 45&wlh. Range 42 Eog, Paim beach Cmmty, Plotkin, more paMoulorly► deacribed as Idbm: Cornmencdtg at the Southwest comer of the So Ul hw* omKuatter (114) of Sold Soodw 23; thence North W19W Weat along No Wad Ste of sold Southeast owgoader ( 114) of Sant<aet 23, a mince of 7OA5 feet to the w6ft North dght km d S.R. 804, as recorded in Road Pint Soak 1, pop 184. of Ste bloc Re=ds of esdd Cawdr, thence North 8trin4" Gast Woo WW 10*4-Vay line. al distartos of 33217 test to the point of beginning. From the point of begI nning, cmainue North W19 along said &R. 104 right- c►�aay 11m, a distwm of 33227 teat; therim No ft 00°0 W host a distance of 5N.70 few thence South W30W bleat a di ants of 382.05 feed; thence South 0CM43 Wad a distance of 588.61 feat to the poMt of beginning. PARCEL 16 A POW of land .airuate In the South one-half ( 112) of Section 23, Taweahip 48 South, Range 42 Ent. PWm Bench County, != lorlds, mm pardaulw* deear8ted as blow. Commence at the Southwest corner of tore 8mWwat Qna juader (114) of Said Section 23; thence North O V1904 Mat along the West ** at salt 8oudnest Onwquadwa ( 114 ) of Section 23, s distance of 70,45 feat to the exteting North dgM d-" Pro of S.R, SK as maaWW (n Road Plea Boost !, raga 184, of the public t7ww& of Sold County; therm North tt8'18'Wt`. East along anict rW- of-ay Ike, a dft rm of 40.00 feet 10 the last Ittm of an 80 foot 40 -d -way for On 6.3canal.and the point of beglnrting. From the point of boom ft continua North 99'1804` East along Said B.R. 804 right- okway Una. a d those of 2812.27 feat; 8wance North SM13 Ent a distance of 585.81 feet; thence South W30M Waet a distance of 2e295 feet to the atobwM Farm &M of the E3 canal OW-of -way; thence South W West along said East Ina, a dietaaee of 580.713 teat to ttts point of bsglnrdrtg. The Premises are legally described as follows: T-I MILE #.EASE AREA: A porlim of the Southeast 114 of Sec&M 23. TowrmW 45-South. Flange 42 East; Palm Beach C&mty, Floridsi being more particularly dawfoad as t ws; Commence at the Sm t west corner of the afewwntloned Southeast 114; thence North 40 Emit (bearings atwwn hereon are based on a beaft of Some 89'28W4" Wast Wo9 the South Arne of the aforementioned Section 23), a dlslance of M.77 teat to do PoWt of Bgkmktg; themes Nolttt 24 West. a dlstonae of 1 SAO feet; #fence Nora► 66.57M' test, a distance of 3500 fleet tlwwo South 24'82W East a dM anoe of 15.00 seat; thence South 85'$7'135"' Wsat. a diatanoe of 35.00 fast to the Point of F3eglnning. Said desc� parcel otmtalR#rg 825 aquae feet, more Or' IeSe. Memorandum to Site Lease with Option - Page 3 Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami The Tenant's access easement is legally described as follows: 15 FOOT T- MOSILE NON - EXCLUSIVE ACCEN EASBMEW. A man of the Southeast 114 of Socft 23, Township 45 Soub, Mange 42 EW, PGIM Beach County, Molds in Which the canterlos Is being more psr t bdy detecrlbed as follows; Co mntenoe at the Soulhwcei cnsrles eTtltssfaremeMlolled Bat test 114; thence North 78'4 IV Vast, (beattnge shown hereon are based an a bearing of SwM 88 Wed Wong ttaEt Rau* Wo of the eMbmm n loved Secft 23), a ter om of 447.48 fiat to the Paint of BegWng of the atarsmentbnad centerSte being bcabd an Do Nalh e4 ft of Way 60 of Shft Rand No. 804. Boynton Seaoh BauWm d; thsmos Month 12M WW VVOA a dlstawtce of 247.86 feet 11 11m me North Blt'00'00" Furl, a distance of 437.82 tlwrroe mouth 00'O0'Ml0' EPA a distance of I ISASbet; Um moo North Sr3Slr Wesk a datanos of $2.30 fbat Owme North 24'02'W West. a distance of 15.15 asst b the Paint a (Tominus, bekt loceited on the Souttwast Irma of the T- MOBILE LEASE AREA. Said described parcat contalntng 8MG equara feet revere or lease. The Tenant's utility easement is legally described as follows: 5 FOOT T- MO13RE NON -EaG LUSIVE UTiUW Mme T'. A pordan of the Soutitsast 114 of Satlon 23, Tbma* 45 Stwth, Rsnpe 42 East, Palm Beach County, hMelda in which the centeMne is being more pw t uh* do aribst! as fat am; Comm" at the 6au8twest of the aforemerttloned SawMlteast 414; thence Notltrl 2M3't3 it a st, (bowkV show hereon are bond on a bsaft of South WW4V bleat elorg the Booth llho of the Aremerdonsd Vea to p 24 a fth of 3 62.79 W to the Paint of thence Noma► 8M1 *W54' EasEaak a VU 22.5m�st South of Wad psrelte) VO tits Notttt too of an odedor %"ll and Its Emrtarly peoje bn, a ftlance of 235.88 feet; ttterrce North O0OWW Esau. a distance of 110.06 foot ttwnos North ti9'1t3 r East, a dMence of S8.11 dart; thence N dih 24412'05' Wert, siang a lime 2.6 ieat S *wm%dy of Writ paus W wrath the 8ant}twwierty 8ne of No T-MOSU LEAN AREA„ a distance of 20.28 *A- Mttenoe Ntufit WNW Ust, a line 2.5 feet Notitwestarty of and parallel with tits Nordmast Sts of the T•MODILE LEAN AREA a distance of 28.68 bet; tttemo North 05'41 We>et, a dislanae of 77.87 1ee4 # more North 54'AW Wets a dislarm of 80.44 feet; theme t+ o tt W 42W Wert, a dbetanae of 292.36 feet to the PM of Tewrminus, beit'rg located as the ftft rltr face of en exteriors wall. 8akt deaexined pwad cantalaing 4617 square feet mare w lose. Memorandum to Site Lease with Option - Page 4 Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market: Miami Ro -v Print Form I PALM BEACH COUNTY - ZONING DIVISION FORM # Og DISCLOSURE OF OWNERSHIP INTERESTS - PROPERTY TO: PALM BEACH COUNTY PLANNING, ZONING AND BUILDING EXECUTIVE DIRECTOR, OR HIS OR HER OFFICIALLY DESIGNATED REPRESENTATIVE STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, this day personally appeared hereinafter referred to as "Affient," who being by me first duly swom, under oath, deposes and states as follows: 1. Atfiant is the ( ] individual or (position — e.g., president, partner, trustee] of C., .y df InTon bMthi [name and type of entity —e.g., ABC Corporation, X12 Limited Partnership] that holds an ownership interest in real property legally described on the attached Exhibit "A' (the "Property"). The Property is the subject of an application for Comprehensive Plan amendment or Development Order approval with Palm Beach County. 2. Affiant's address is: PO BOX 310 BOYNTON BEACH FL 333425 3. Attached hereto as Exhibit "B' is a complete listing of the names and addresses of every person or entity having a five percent or greater interest in the Property. Disclosure does not apply to an individuars or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public. 4. Affiant acknowledges that this Affidavit is given to comply with Palm Beach County policy, and will be relied upon by Palm Beach County in its review of application for Comprehensive Plan amendment or Development Order approval affecting the Property. Affiant further acknowledges that he or she is authorized to execute this Disclosure of Ownership Interests on behalf of any and all individuals or entities holding a five percent or greater interest in the Property. 5. Affiant further acknowledges that he or she shall by affidavit amend this disclosure to reflect any changes to ownership interests in the Property that may occur before the date of final public hearing on the application for Comprehensive Plan amendment or Development Order approval. Disclosure of Beneficial Interest Ownership form Created 01/22/2007 Updated 01/31/2007 PALM BEACH COUNTY - ZONING DNISION FORM # 08 6. Affiant further states that Affiant is familiar with the nature of an oath and with the penalties provided by the laws of the State of Florida for falsely swearing to statements under oath. 7. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit and to the best of AffiarWs knowledge and belief it is true, correct, and complete. FURTHER A FIANT SAYETH NAUGHT. Kuwx re—sn n Affiant (Print Affiant Name) The foregoing instrument was acknowledged before me this jj, day of , 20_0 1, by ,AlJR - r P R 0- r, -, U& r-- , [ who is personally known to me or [ ] who has produced as identification and who did take an oath. Notary Public ,- elq- / (Print Notary Name) NOTARY PUBLIC NOTARY PUBLIC -STATE OF FLORIDA Pamela Welsh j , Co ,,mission #DD754091 BONDED THR A1LVMC BONDL G Co O L C. State of Florida at Large My Commission E)Ores: I ao ./v2 Disclosure of Beneficial Interest Ownership form Created 01/22/2007 Updated 01/31 /2007 PALM BEACH COUNTY - ZONING DIVISION FORM # 09 EXHIBIT "A" PROPERTY Disclosure of Beneficial Interest Ownership form Created 01/222007 Updated 01/312007 PALM BEACH COUNTY - ZONING DIVISION FORM # 09 EXHIBIT "B" DISCLOSURE OF OWNERSHIP INTERESTS IN APPLICANT Affiant must identify all entities and individuals owning five percent or more ownership interest in the Property. Affiant must identify Individual owners. For example, if Affiant is an officer of a corporation or partnership that Is wholly or partially owned by another entity, such as a corporation, Af !ant must identity the other entity, its address, and the individual owners of the other entity. Disclosure does not apply to an individual's or entity's interest in any entity registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose Interest is for sale to the general public. Name Address Percentage of interest Disclosure of Beneficial Interest Ownership form Created 01!22/'2007 Updated 01/31!2007 R C9 -Op? F Form W'9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS Internal Revenue Service Name (as shown on your income tax return) W City of Boynton Beach C31 Business name, if different from above Q. o CITY OF BOYNTON BEACH C Check appropriate box: ❑ Individual /Sole proprietor ❑ Corporation ❑ Partnership Y company. ( e9 entity, r•P P p) ❑ Exempt El Limited liabilit com an Enter the tax classification D =disr arded anti C =co oration, P= partnership) ► . _ _ _ _ _. Payer `o 2 ® Other (see instructions) ► MUNICIPALITY U Address (number, street, and apt. or suite no.) Requester's name and address (optional) a 100 EAST BO YNTON BEACH BLVD _ City, state, and ZIP code N BOYNTON BEACH, FL 33435 List account number(s) here (optional) 07 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid I Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 1 59 :6000282 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instru ions on page 4. Sign Signature of s1� Here I U.S. person ► A Date ► General Instructions Section references are to the Intemal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Cat. No. 10231X Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity Form w -9 (Rev. 10 -2007) Print Form I PALM BEACH COUNTY - ZONING DIVISION FORM # M CONSWIFORiM INSTRUCT11ONS: Consent is required from the property owner(s) and contract purchaser, if applicable, to an agent it the property owner(s) or contract purchaser does not intend to attend all meetings and public hearings and submit in person all material pertaining to the application. A separate form is required from each ownedcontract purchaser. Consent to a firm shall be deemed consent for the entire firm, unless otherwise specified. Consent is valid for one year from date of notary, unless otherwise specified. Attach copy of last recorded warranty deed for subject properly. Project Name: T- MOBILE WP1208 BOYNTON WATER TREATMENT PLANT Submittal Date: This form shall serve as CONSENT for the agent identified below to prepare or have prepared and submit all documents for the following application(s) affecting property I have an ownership interest in: ZC/BCC: ( ) Rezoning ( ) Conditional Use ( ) DOA ( ) PDD ( ) TDD ( ) Type It Variance DRO Applications: {r') DRO () ZAR Agency Review ( ) ZZR Zoning Review Conourrency Type 1A [ ] Type 1B Administrative Variance Special Permit —Type: Article 2.E Time Extension Other (indicate request) : I hereby give CONSENT to Betty Tutford Girsel Inc ! T- Mobile South LLC (type, stamp or print dearly full name of agent) to act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at ail meetings and pudic hearings pertaining to the applications) indicated above. Furthermore, i hereby give consent to the party designated above to agree to all terms and conditions which may arise as pan of the approval of this application for the proposed use of: Stealth Telecommunication Facility I hereby certify I have full knowledge the property t have an ownership interest in is the subject of this application. I further certify the statements or Information made in any paper or plans submitted herewith are true and owed to the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning, Zoning and Building Department of Palm Beach County, Florida, and will not be retumed. I understand that any false, Inaccurate or Incomplete Irimmation provided by me or my agent will result in the denial, revocation or administrative withdrawal of this application, request, approval or permits. I acknowledge that additional information may be required to process this application. I further consent to Pain Beach County to publish, copy or reproduce any copyrighted document submitted as a part of this application for any third party. I further agree to all terms and conditions, which may be imposed as part of the approval of tht application. OWNER/CONTRACT PURCHASER INFORMATION: I am the [ J owner [ ] co trek pu r ( ✓one) (Name - type, stamp or print curly) (Signature) J00 �� ✓NT�� �4 �i�d 07rr1 -®r► L?v�An, r� 33`�3S (Address) (City, State, Zip) AGENT INFORMATION: Betty Tufford GkAW Inc # T ; Mobile South LLC (Name - type, stamp or print dearly) (Name of firm) 8110 SW 10th Street Plantation Florida, 33408 (Address) (City, State, Zip) NOTARY PUBLIC INFORMATION: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me &ft KIL day of _ 20 A21 by lC, tQ r Q 2 5 Al e- K (name of person acknowledging). He/she is personally known to me or has produced (type of identification) as identification and did/did not take an oath (circle correct response). , i F L lick� 4s_g l (Name - type, stamp or prim clearly) (Signature) My Commission Expires on: O NOTARY' S SEAL OR STAMP General_Application_Consem Revised 06/19/2008 Page 1 of 1 NOTARY PUBLIC -STATE OF FLORIDA web Format 2008 Pamela Welsh - k . Commission #DD754091 '..,' y Expires: JAN. 31, 2012 BOND&D TSRu ATL uMC BONDING CO., INC. T • •Mobiles 8100 SW 10TH Street Suite 1000 Plantation, FL 33324 June 5, 2009 BY HAND City of Boynton Beach Attn: City Clerk, Janet Prainito 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33435 -0310 Re: 6WP1208D — Site Lease with Option between T- Mobile South LLC and City of Boynton Beach 5469 Bovnton Beach Blvd., Bovnton Beach, FL 33437 !" Dear Madam: Enclosed please find six (6) original Leases, three (3) Memoranda of Lease and the W -9 form for the above - mentioned premises. Please have the City complete, sign with two witnesses, initial and date the documents before a notary public where indicated and return four (4) original lease sets and two (2) Memoranda of lease sets to the undersigned with the prepaid envelope enclosed. We look forward to your long and productive working relationship with T- Mobile. Should you require anything further or have any questions, please do not hesitate to contact me at 954 -693- 7162. Very truly yours, Tulle Du6ol -hard Legal Project Consultant Assigned to T- Mobile 8100 SW 10th Street, Suite 1000 Plantation, FL 33324 Tel: 954 693 7162 Cell: 954 600 0396 Fax: 954 693 7206 Email: Julie.Dubernard(�T- Mobile.com ell Enclosures T- Mobile USA, Inc. Office: (954) 693 -7100 Fax: (954) 693 -7200 t•� O1 � r o v L r O � 6 TO: Kurt Bressner City Manager FROM: Janet M. Prainito City Clerk DATE: June 17, 2009 CITY CLERK'S OFFICE MEMORANDUM RE: Aareement Approved by City Commission on June 16. 2009 Attached is the agreement that was approved by the City Commission at their regular meeting held on June 16, 2009. Please review, sign and return to me for further processing. Thank you. RESOLUTION NO.OF DESCRIPTION # DOCUMENTS R09 -088 12 Approving and authorizing execution of a lease agreement for a proposed telecommunications tower at the City's West Water Utility Plant located at 5469 Boynton Beach Boulevard for an initial term of 5 years and monthly rent of $2,000 adjusted (103 %) annually and an additional $500 rent for each subtenant that co- locates on the tower. &I- w, P,.a:� Attachments S: \CC \WP\AFfER COMMISSION \City Manager Transmittals \2009 \06- 16- 09.doc RC(7 -cHH MEMORANDUM OF LEASE Assessor's Parcel Number: 00- 42- 45- 23 -00- 000 -5030 Between the City of Boynton Beach ("Landlord ") and T- Mobile South LLC ( "Tenant ") A Site Lease with Option (the "Lease ") by and between the City of Boynton Beach, a municipal corporation ("Landlord ") and T- Mobile South LLC, a Delaware limited liability company ("Tenant ") was made regarding a portion of the following property: See Attached Exhibit "A" incorporated herein for all purposes The Option is for a term of twelve (12) months after the Effective Date of the Lease (as defined under the Lease), The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date "). Tenant shall have the right to extend this Lease for five (5) additional and successive five -year terms. The Lease prohibits Tenant from placing any Lien on the Property including but not limited to a mechanic's lien. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. LANDLORD: City of Boynton Beach By: ' elv \. Printed Name: KURT BRESSP a Title: CITY MANAUR Date: BOYNTON BEACH. FL WITNESS: By Printed Name: c � 4 y���� � .t / /j�/l -!�g 'X Date: TENANT: T- Mobile South LLC By: 1/17 Printed Name: Tim B. Ch d r Title: Area Director, Engtn rin Operations Date: 6/ [/ WITNESS By: u�vA I (o (2109 CITY ATTORM WITNESS: By: Printed Name: 1/?/) e<i ? / Date: G// 16 7 WITNESS: By: G Printed Name: - T , w o u' y C//� IJ a jiLN00cA Date: ` "Iz ! 0 S Memorandum to Site Lease with Option - Page 1 Site Number: 6WP1208D Site Lease version 9.21.07 Site Name: Boynton Water Treatment Market Miami Printed Name: lNolary block for Landlord/ STATE OF FLORIDA ) n/� �r-' � ) ss. COUNTY OF -i s- - 6 4V 0 ) T instrumen d was acknowledge before the j_ r n e [title] i1 (�- �10_ I i � r on of City of Boynton Beach a corporation, on behaIff�f said City of Boynton Bead. Personally Known �/ OR Produced Identification Type of Identification Produced n IrA Dated: Notary Public ='T,7 ^ ;C -STATE OF FLORIDA Print Name l�l ` - `°�ll�) 1P__(D r ,,, , s:. c�:::T :1C Cherry- Guberman My commission expires (1t� -j " Commission #DD792144 lxpires: MAY 27, 2012 a AT._ 0. :. �: uuxDixa co.J (Use this space for notary stamp /seal) /Nolan block for Tenanll STATE OF FLORIDA ) ss. COUNTY OF _ tj O0. ) by municipal This instrument was acknowledged before me on �U %A 06 by Tim B. Chandler, Area Director, Engineering & Operations of T- Mobile South LLC, a Delaware limited liability company, on behalf of said T- Mobile South LLC. Personally Known " OR Produced Identification Type of Identification Produced Dated: 9 ilia. PAUL E. DUPUIS Notary Public • State of Rorids My Comm. Expires Nov 18, 2011 Commission # DO 639656 Notary ublic Print Name Ay commission expires AJe U (Use this space for notary stamp /seal) Site Number. 6WP1208D Memorandum to Site Lease with Option - Page 2 Site Name: Boynton Water Treatment Site Lease version 9.21.07 Market: Miami Memorandum of Lease Exhibit A Legal Descriptions The Property is legally described as follows: - - - - - -- PARCII.15 A pawel of!arid .afV4W In the South one -W (112) of Section 23, Township 45Snah Rama 42 fit, Fakn beach County, Mridti, more pettt>ady dem bW so fotiaws: Cotru+natnatng at the Scuthtvast comer of the Scrttheast one quarter (114) of said Section 23; thence North 00 west along the west one of aaW Southeast one- under (114) d afflOtlon 23, a distance of 70AS feet to the wft tg Notch right- olLway of &R. 804, as recorded in Road Plat B(9* 1. page 184, of the Publto Racords of aWd County; thence Nam WN8 East slang NW d9lK-4-vay tine. a distance of 332.27 feat to the point of beginning. Fmm the point of beginning, continue North 89 *19 along said S.R. 104 right-af -my Ina, a distance of 33227 feet; thence. NoM 00 East a distance of 58870 fbq% thence South 89 West a distenos of 33ZOS feet; thence South 00'O Ir West a dletanoe of 589.81 feet to the point of beginning. PARCEL 16 A pascal of land .atfuato Ia the South one -hatC (112) of Sedlon 23, Tovmehlp 45 South, Range 42 East, Pakn Beach t;otrnty, Florldil, atone particulady described as fbiiows: Commence at the Southmt comer of the Southeast One quarter (114) of saW SacUort 23; thence North 00 West along the West Nita of saki Southavat 0"uatter. (114) cf Section 23, a distanoo of 70AS feat to th eMeting North right- of -sway one of S.R. 804, as recorded In Road Pint Book 1, Page 184, of the publa Recorda of said C+`oimty; thence North 89 ". FM along said right -of-m y line, a distance of 40.00 feet to the Sad One of an 80 foot right -ad -Mmy for the E-3waal.and the point of beorining. Rent the point of burning, continue Nestth 89.1804 East abng said S.fL 804 tight -okway Itne, a distance of 28227 %W; thence North 00'C 43 East a distance of 588.81 feet! thence South 88110'x8" West a dialoce of 2W2.85 test to the atoroaaW East Me of tine" canal right -of -way: thence South 00'04 5 "Vilest akmg sold East tine, a +dietaries of 580.78 feat to the point of beginning. The Premises are legally described as follows: T- MOBILE LF.ABE AREA: A portn of the Soutfw st 114 of Section 23, Townotdp 4&South. Flange 42 East Palm Beach Cditinty, Florida tieing more particularly deft Abod as logo"; COMMOnce at the SaIMWast corner of the aforementioned Southeast 114; thence North 48'.24 5' Fast, (beadnou shdlsm hereon are !lased on a bearing of South 89 Want atcrng firer SWth One of the aftttamandoned SwAlari 23). a distamn of 893.77 feet to the Point of Reglaning; thence North 24'0208° West a dbtarm of 1 s. 00 feet; thence North 65 East, a distance of 35,00 feet; ihanca South 24 East, a dletanoe of 15.00 feel;.thencs South WSrW Weat, a distances of 35.00 test to the Point of Beglnntng. Sold desAsd parcel cmfalrtN 525 square feet, more or loss, Site Number: 6WP1208D Memorandum to Site Lease with Option - Page 3 Site Name: Boynton Water "treatment Market: Miami 1�,� Site Lease ion 9.21.07 The Tenant's access easement is legally described as follows: 15 FOOT T- MOSILir NON - EXCLUSIVE ACCEW F.,AMEW. A portion of the Soutitealst 1114 Of SWMOn 23, To nship 45 South, Rarige 42 Ee*, Palm Beach County, FWWS In which the centerline is being more patttculady described as follows; Cormorme at the Southwest comer of the abremonttoreed SwAeast 114; thence North 78W'13• Vast:, (bWngs shown hereon are based cm s bowing Of South 89 , 28 , 44' West along the Sarah Me of the doremonfioned Sed ia0 2$), a d btence of 447.40 fast to the point of Ele9lrue1119 of the a lbrsmentkmed oerrtefte being itecated on the North right of way fine of Slate Road No. 804, Boynton beat Boulavotd; thence Mortis 00 West a distertce o(247.69 feet; th M* North 90'gt3'tstl Past, a distan@a of 137.82 #sek ffrenoe Math 00 Eask s distance of 116.46fm ti tieenOe North 87'38'12* West, a distance of 52.30 foot: thertca Nodte 24 0 02W West, a distance Of 15.118 feet to the Point of Twmi6s, being laceited an the 8outtr ul the of the T- MOSILE LEASE gREk Said described parosi containing 8528 square feet more of tees. The Tenant's utility easement is legally described as follows: 5 FOOT T MOBIE NON- MLUSIVE LMM EASME : A poftn of the Southeast 114 at` Section 23, Township 45 Smith, Range 42 East, Panes Beech County, Florida to which the conte"Ine is being more prarftlarly described as tallom; COMmsr" at flee Sau9ewest I=mam of the aforementioned Southeast 1114; thence North 29'G8'1r Fast, (bowings deawn hereon are based on a bo ffiV of South 19W44 West aitxtg the tfauth yno Of the afcr OM"1torred Sentbtr 23). a distance of 302.73 feet to the ftnt of 0e91rrtiln9 of the afaremsrttlarted Oentetifna being tooted on the west face at an asclerlar We% thence N ft 89 Eas4 siong a One 2.5 fast South of and perellet v&h that North face of an s`l wbf whit and Its Eadwly pm*tlon, a distance of 235.8$ fiaet; thence North 00 *00 O` EaM, a distance of 110.06 fee% thence North W1017't~a44 a dl*nm of 88.71 nest; thence North 24 0 02VSO !!Vest, along a (free 2.5 feet Soemthwasterly of and pswle] +with tie@ Southweaterly tine of the '>E` -MO13 LE LEASE AREA a distance of 20.28 !'set; Ovence Worth 85'57 " Most. alorV a One 2.5 feet t;torthvostetly of and parapet with the NOrOmet thae of the T•MO131LE LEASE ARFA a dhbnoe of 28.59 feet; them* North 05 Went, a distance of 77.87 teat; thmme North 54'28%8' W994 ar disltamw Of 66.44 lest; therms► North 88 went, a dlstenae of 29238 feat to the Paint of Terminus, being located an the ftstarly fans of an exterior WL bald eam - bed Parcel containing 4617 square loo more or tees. Site Number: 6WP1208D Memorandum to Site Lease with Option - Page 4 Site Name: Boynton Water Treatment Site Lease version 9.21.07 Market: Miami