R96-084RESOLUTION NO. R96-,e',~Z
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE AND AN
ADDENDUM TO SAID AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND
PRIMECO PERSONAL COMMUNICATIONS FOR
INSTALLATION OF A TELECOMMUNICATIONS
TOWER AT BICENTENNIAL PARK (U.S. 1 AND NE.
THIRD AVENUE); AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, upon recommendation of staft~ the City Commission has determined that
it is in the best interests of the residents of the City to enter into an Agreement with PrimeCo
Personal Communication; and
WHEREAS, this matter has come before the Commission and been considered at
public hearing and it has been determined that the proposed use qualifies for a height
variance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each WHEREAS clause set forth above is true and correct and
herein incorporated by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute a Lease
Agreement and Addendum between the City of Boynton Beach and PrimeCo
Personal Communications, which are attached hereto as Exhibit "A".
PASSED AND ADOPTED this /~ day of June, 1996.
CITY OF BOYNTON BEACH, FLORIDA
r
~]ice Mayor
ATTEST:
Cit~' Clerk
.,,,%
k.!920/
CommissioF~er
C,~~ioner
LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the
/~ Y'~ day of(~.r~f996 by and between:
CITY OF BOYNTON BEACH, FLORIDA
a municipal corporation
(Hereinafter referred to as ~CITY")
AND
PrimeCo Personal COmmunications
777 Yamato Road, Suite 600
Boca Raton, Florida 33431
(Hereinafter referred to as "TENAN'F')
WHEREAS, CITY is the owner of a certain real property located at Bicentennial Park,
U.S. 1 and N.E. Third Avenue, Boynton Beach, Florida 33435, Palm Beach County,
Ftodda; and
WHEREAS, TENANT desires to lease a portion of said real property to construct,
operate, and maintain telecommunications tower and support equipment; and
WHEREAS, CITY staff has reviewed the request of TENANT and recommends that
TENANT lease a portion of said real property; and
WHEREAS, the City Commission concurs with the recommendation of staff and deems
it in the best interest of the City of Boynton Beach to lease a portion of said real property
to TENANT; and
WHEREAS, CITY and TENANT have negotiated an understanding for the leasing of
a portion of said real property; and
WHEREAS, CITY and TENANT desire to reduce their understanding to writing; now
therefore,
IN CONSIDERATION OF Ten ($10.00) Dollars, in hand paid by TENANT to CITY,
as well as the mutual covenants hereinafter exchanged, the parties agree as follows:
Section 1. REAL PROPERTY TO BE LEASED
1.01 CITY shall lease to TENANT that certain parcel of real property, situated in
Boynton Beach, Palm Beach County, Florida, together with a nonexclusive easement for
ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor
vehicles, including trucks, and for installation and maintenance of utility wires, cables,
conduits and pipes over, under or along twenty (20') foot wide easement extending from
nearest public right-of-way (more particularly described in Exhibit A), which is
, to the leased property and right-of-way for access
are hereinafter referred to as the "Property~. The said Property is located at Bicentennial
Park, U,S. 1 and N.E. Third Avenue, in the City of Boynton Beach.
Section 2. DUTIES AND RESPONSIBILITIES OF TENANT
2.01 TENANT shall use the Property for the purpose of constructing, maintaining
and operating a telecommunications tower and uses incidental thereto, consisting of a
structure or structures, as necessary now or in the future, to house its telecommunications
equipment, a 150 foot (150') freestanding antenna support structure (pole) to meet
TENANT's telecommunications needs and all necessary connecting appurtenances.
TENANT upon the approval of CITY may modify its antenna support structure and
building(s); said approval shall not be unreasonably withheld by CITY.
2.02 TENANT shall place around the perimeter of the Property a security fence
of chain-link construction, or similar but comparable construction, which meets the
requirements of the Code of the City of Boynton-Beach.
2.03 TENANT shall be responsible for soil bodngs and similar tests which may be
required as a condition of construction and for all expenses related to its improvements
which may thereafter be constructed upon Property.
2.04 TENANT shall maintain the Property' in a reasonable condition and meet all
requirements imposed by ordinances of the City of Boynton Beach and Palm Beach
County, Florida.
2.05 The CITY also reserves the right to at any time during the lease, install or
have installed other antennas for government usage on TENANT's tower. Ali antennas
shall be placed at an elevation as to provide the most effective use and with such approval
not unreasonably withheld; provided, however, the CITY'S or other antennas shall not
interfere with TENANT'S operations on the Property. Should TENANT install an
emergency generator on the Property, the CITY may access and connect only its
communications equipment to TENANT'S emergency generator.
2:06 TENANT shall furnish, to its unmanned equipment structure, electric or
telephone service for the operation of TENANT's telecommunications equipment.
TENANT shall be solely liable for electricity expenses relating to its installation and
equipment. TENANT's electrical service shall be separately metered, and TENANT shall
be responsible for all costs associated with metering, including the cost of installing any
meter. If TENANT should install any emergency generators at this Property, said
generator shall comply with Palm Beach County's Wellfieid Protection Ordinance.
2.07 TENANT shall submit all required applications for permits to the applicable
CiTY and/or County departments for review and approval and required fees.
2.08 TENANTwiii be responsible for making any necessary returns for and paying
any and all property taxes separately levied or assessed against its improvements on the
Property. TENANT shall reimburse CITY, as additional rent, its proportionate share of any
increase in real estate taxes levied against the Property in excess of the taxes due for the
1996 real estate taxes on the real property in which the Property is a part and against
TENANT's improvements by the taxing authorities.
2.09 TENANT, upon termination of this Agreement, shall, within a reasonable
period, remove its personal property and fixtures and restore the property to its original
condition, reasonable wear and tear excepted. At CITY's option, when this Agreement is
terminated and upon CITY's advance written notice to TENANT, TENANT will leave the
foundation, the tower structure and secudty fence, to become property of CITY. TENANT
shall pay rent at the then existing monthly rate or on the existing monthly pro rata basis,
if based upon a longer payment term, until such time as the removal of personal property
and fixtures are completed.
2.10 TENANT shall keep the Property free from any liens arising out of any work
performed, materials furnished, or obligations incurred by or for TENANT. TENANT shall,
within twenty (20) days following the imposition of any such lien, cause the same to be
released of record by payment or posting of a proper bond. No wor~ which CITY permits
TENANT to perform on the Property shall be deemed to be for the use and benefit of CITY
so that no mechanics or other lien shall be allowed against the estate of CITY by reason
of its consent to such work. CITY shall have the dght to post notices that it is not
responsible for payment for any such work.
2.11 CITY hereby grants TENANT as a primary inducement to the TENANT's
entering into this Agreement, the first priority right to install its antennas and operate its
telecommunications tower at the Property. From time to time CITY may grant to itself and
to other entities the dght to operate telecommunications facilities at the Property and/or
the right to install antennas in connection with the operation of such facilities or other
communications facilities; provided, however that CITY shall not allow the operation of
such facilities and antennas by other tenants to interfere with the operation of TENANT's
antennas and equipment as it exists at the time of such other tenant's installation or as it
may be modified at any time during the term of this Agreement, as the same may be
extended. If any such interference occurs, CITY agrees to eliminate, if the additional
equipment is operated by the City, or cause the elimination of, if such equipment is
operated by a third party, such interference with TENANT's operations within a
reasonable time after receipt of TENANT's notice of such interference and, if necessary,
to cause the interfering party to cease its operations. If such interference continues for
more than thirty~ (30) days after TENANT's notice to CITY with respect to such
interference, then TENANT shall have the right, in addition to its right to pursue any or all
remedies available ;to it at law orin equity, to immediately terminate this Agreement by
giving written notice to CITY of such termination. The CITY hereby also agrees that the
TENANT has no obligation or requirements to upgrade or modify the Tower to facilitate the
use of the Tower for other entities which the CITY may authorize. Any or all costs
associated therewith, shall be borne by parties other than the TENANT.
2.12 CiTY hereby agrees that, if because of TENANT's operations on the Property
any laws or regulations of the Federal Aviation Administration, Federal Communications
Commission. or any other relevant governmental agency or body require or recommend
that TENANT's antennas and/or the Tower be lit and/or marked, TENANT may install and
maintain such lighting and markings. In no event, however, shall TENANT be responsible
for the installation or maintenance of any lighting or markings required by the operations
of CITY or any other tenant in the Tower. CITY will permit TENANT access to all portions
of the Tower that TENANT may need in order to check and replace such required or
recommended lighting or marking.
Section 3. DUTIES AND RESPONSIBILITIES OF CITY
3.01 CITY shall cooperate with TENANT in its effort to obtain certificates, permits
and other approvals that may be required by any federal, state or County authorities.
3.02 CITY shall grant TENANT the dght to survey said property in order to meet
requirements to submit the applications for permits.
3.03 CITY shall cooperate with TENANT in its effort to obtain utility services along
said right-of-way, including signing such documents of easements as may be required by
any public utility is unable to use the aforementioned right-of-way, the CITY hereby agrees
to grant an additional right-of-way, either to the TENANT or to public utility, at no cost to
the TENANT.
Section 4. ACKNOWLEDGMENT
4
4.01 CITY and TENANT acknowledge that TENANT'S ability to use the Property
is contingent upon TENANT obtaining, after the execution of this Agreement, all the
certificates, permits and other approvals that are required by any federal, state and/or local
authorities. In the event that any certificate, permit or approval issued to TENANT is
canceled, expires, lapses or is otherwise withdrawn or terminated by a govemmental
authority, so that TENANT is unable to use said real property for its intended purpose,
TENANT shall have the right to terminate this Agreement pursuant to Section 7.01.
4.02 Prior to the submittal of the application for the required building permit,
TENANT shall have the right to perform or caused to be performed and shall have
competed an assessment of the Property and the adjacent areas in order to determine
whether such are contaminated by hazardous substances or pollutants. If the assessment
reveals the presence of hazardous substances or pollutants beyond levels acceptable to
TENANT and. under applicable environmental laws, TENANT shall have the dght to
terminate this Agreement pursuant to Section 7.01.
4.03 CITY covenants that CITY has good and sufficient title and interest to the
property and has full authority to enter into and execute thiS Agreement. CiTY further
covenants that there are no other liens, judgements or impediments of title on the Property.
Section 5. TERM OF AGREEMENT
5.01 This Agreement is effective June 18, 1996, for an initial term of five years (5)
years, expiring on June 18, 2001.
5.02 TENANT shall have the option to extend this Agreement for four (4)
additional Five (5) year terms. Such extensions shall automatically occur unless TENANT
gives written notice to the other party of its intention not to extend this Agreement at least
six (6) months prior to the end of the current term.
5.03 If, at the end of the final year extension term, this Agreement has not been
terminated by TENANT giving to the other party written notice of its intention to terminate
at least six (6) months prior to the end of the term, this Agreement shall remain in force
and effect upon the same covenants, terms and conditions. The Agreement shall be for
annual terms thereafter unless terminated by either party by giving the other party written
notice of its intention to terminate at least six (6) months prior to the end of the term.
Section 6. CONSIDERATION
6.01 During the initial five (5) year term, CITY shall be paid an annual rental fee
payment of TVVELVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($12,500).
During each additional five (5) year term the annual rental fee shatl be adjusted annually
to equal the purchasing power of the previous year. The basic annual rental fee shall be
adjusted by any change in the Index now known as "United States Bureau of' Labor
Statistics, Consumer Price Index, for Ail Urban Consumers," hereinafter referred to as the
"Index".
Upon the issuance of a Certificate of Occupancy by CITY for TENANT's
Communications Facility, TENANT shall in lieu of making the payment of rent for the initial
five year term as provided hereinabove, TENANT shall pay to CITY a one time lump sum
payment of SEVENTY-FIVE THOUSAND and NO/100 ($75,000). This lump sum payment
shall constitute the advance rental: payment by TENANT for the initial five year lease term.
6.01 (a) Commencing with the first year extension term (lease year 6) of the
Agreement, if so extended, the annual rental amount shall be adjusted pursuant to the
terms of paragraph 6.01 of this Agreement.
6.02 After the initial term, each Annual Rent payment shall be submitted to the
CiTY no later than thirty (30) calendar days after the anniversary date of the Certificate of
Occupancy. Annual Rent payments shall incur a late payment fee of 1.5% per month (18%
per annum), calculated from the Certificate of Occupancy anniversary date, for any
payment submitted to the CITY later than the date due.
6.03 This is a net-net-net lease and TENANT shall pay all sales taxes, real estate
taxes assessed against TENANT'S property, utility charges, cost of maintenance, and all
other charges and expenses associated with the tenant's use of the demised premises of
this Lease.
Section 7. TERMINATION
7.01 The TENANT may terminate this Agreement by providing a ten (10) calendar
day written notice prior to the effective termination date.
7.02 Prior to the end of each five (5) year term, TENANT may terminate this
Agreement by providing written notice to the CITY at least six (6) months prior to the end
of the current term.
7.03 Should TENANT default under any of the terms of this Agreement, CITY may
terminate this Agreement for cause by providing a sixty (60) day written notice to TENANT;
however, TENANT shall be given the opportunity to correct any default within thirty (30)
calendar days of receipt of written notice. This Agreement shall not be terminated if such
default is of a nature that it cannot be cured in thirty (30) calendar days and TENANT is
diligently proceeding to cure such defect.
7.04 In the event of termination of this Agreement by TENANT, all rental fees paid
pdor to said termination date shall be retained by the CITY.
7.05 Upon termination; TENANT shall offer CITY first option to purchase said
antenna structure and certain remaining improvements for the agreed upon sum of One
Hundred ($100.00) Dollars. CITY shall have ninety (90) calendar days from the effective
date of termination in which to exercise this option.
.Section 8. INDEMNIFICATION
8.01 General Indemnification: TENANT agrees to indemnify, save and hold
harmless and defend CITY, its City Commission members, officers, agents and employees,
from any and all claims, damages, liability, losses, causes of action of any nature
whatsoever, which may adse out of, in connection with or because of the use and
occupancy of the property by TENANT or its officers, agents, employees or independent
contractors under this Agreement or the breach of this Agreement by TENANT. Pursuant
to its liability, TENANT shall pay all-claims, losses, liens or settlements or judgments, of
any nature whatsoever, in connection therewith including, but not limited to, paralegai fees,
attorney's fees and costs to defend all claims or suits, including attomey';s fees on appeal,
in the name of CITY when applicable, and shall pay all cost and judgments which may
issue thereon at both the trial and appellate levels. Such indemnification shall not be
limited to the amount of comprehensive general liability insurance which TENANT is
required to obtain under this Agreement. This indemnity shall not apply to any claims
arising from an act of gross negligence or intentional misconduct of the indemnified party.
8.02 Nothing contained herein is intended nor shall be construed to waive CITY'S
dghts from immunities under the common law or Ftodda Statutes, 768.28, as amended
from time to time.
Section 9. INSURANCE
9.01 TENANT maintains a risk management program which provides for
comprehensive general liability, property insurance and workers' compensation.
Verification of said program has been submitted to the CITY'S Risk Management
Coordinator. The CITY shall receive a thirty (30) calendar day written notice in event of
any change in the current program having an effect upon the breadth of coverage with
respect to limitations and any variance with respect to limits of liability, if less than those
indicated in the program submitted to the CITY'S Risk Manager.
9.02 UPON EXECUTION OF THIS AGREEMENT BY TENANT, THE CITY OF
BOYNTON BEACH SHALL BE NAMED AS AN ADDITIONAL INSURED AS ITS INTEREST
MAY APPEAR WITH RESPECT TO THE REQUIRED COVERAGES AND THE
OPERATIONS OF TENANT UNDER THE AGREEMENT.
Section 10. ASSIGNMENT
10.01 This Agreement may not be sold, subleased, assigned or transferred at any
time except to TENANT's principal affiliates or subsidiaries or its principal, or to any
company upon which TENANT is merged or consolidated. As to other parties, this
Agreement may not be sold, subleased, assigned or transferred without the written consent
of the CITY; such consent shall not be unreasonably withheld. This provision will not
preclude TENANT from allowing other parties to co-locate on the Property to Tower, so
long as this Agreement is in effect, the City consents in writing, and the co-located
equipment does not interfere with existing equipment.
Section 11. COMPLIANCE WITH LAWS.
11.01 TENANT shall comply with all statutes, laws, ordinances, rules, regulations
and lawful orders of the United States of Amedca, State of Florida, City of Boynton Beach,
Palm Beach County, and of any other public authority which may be applicable.
Section 12. GOVERNING LAW; VENUE
12.01 The validity, construction and effect of this Agreement shall be govemed by
the laws of the State of Florida.
12.02 Any claim, objection or dispute adsing out of the terms of this Agreement
shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
Section 13. INSOLVENCY
13.01 In the event that either party shall become insolvent, make a general
assignment for the benefit of creditors, suffer or permit the appointment of a receiver for
its business or its assets or shall avail itself of, or become subject to, any proceeding
under the federal Bankruptcy Act or any other statute of any state relating to insolvency
or the protection of rights of creditors, or become subject to rehabilitation, then, at the
option of the other party and immediately upon written notice, this Agreement shall
terminate and be of no further force and effect.
Section 14. ENTIRE AGREEMENT
14.01 This Agreement contains the entire understanding of the parties relating to
the subject matter hereof, superseding all pdor communication between the parties,
whether oral or written. This Agreement may not be altered, amended, modified or
otherwise changed nor may any of the terms hereof be waived, except by a written
instrument executed by both parties. The failure of a party to seek redress for violation of
or to insist on strict performance of any of the covenants of this Agreement shall not be
construed as a waiver or relinquishment for the future of any covenant, term, condition or
election, but the same shall continue and remain in full force and effect.
Section 15. SEVERABILITY
15.01 Should any part, term or provision of this Agreement be by the courts
deqided to be invalid, illegal or in conflict with any law of this State, the validity of the
remaining to. be invalid, illegal or in conflict with any laws of this State, the validity of the
remaining to portions or provisions shall not be affected thereby.
Section 16. NOTICES
16.01 Ali notices or other communications required by this Agreement shall be in
writing and deemed delivered upon mailing by certified mail, return receipt requested, to.
the following persons and addresses:
CITY: City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33068
WITH
COPY TO: James A. Cherof, City Attorney
Josias, Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
TENANT:
PrimeCo Personal Communications
777 Yamato Road, Suite 600
Boca Raton, Florida 33431
WITH
COPY TO:
Jill Jarkesy, Esq.
1872 S.W. 17th Street
Boca Raton, FL 33486
Section 17, OTHER PROVISIONS
17.01 Should the CITY, at any time during the term of this Agreement, decide to sell
all or part of the Property to a purchaser other than TENANT, such sale shall be under and
subject to this Agreement and TENANT's rights hereunder, and any sale by the CITY of
the portion of this Property underlying the right-of-way herein granted shall be under and
subject to the right of the TENANT in and to such right-of-way.
17.02 If the whole of the Property, or such portion thereof as will make the Property
unusable for the purposes herein leased, are condemned by any legally constituted
authority for any public use or purpose, then in either of said events the term hereby
granted shall cease from the time when possession thereof is taken by public authorities,
and rental shall be accounted for as between CITY and TENANT as of that date. Any
lesser condemnation shall in no way affect the respective rights and obligations of CITY
and TENANT hereunder. Nothing in this provision shall be construed to limit or affect
TENANT's right to an award of compensation of any eminent domain proceeding for the
taking of TENANT's leasehold interest hereunder.
17.03 City covenants that TENANT, on paying the rent and performing the
covenants, shall peaceably and quietly have, hold and enjoy the Property.
17.04 Attorneys' Fees. If any party obtains a judgement against any other party.
by reason of breach of this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees and costs, including paralegal costs, at both the trial and appellate levels.
Section 18. PUBLIC RECORDS
18.01 CITY and TENANT agree that a copy of this Agreement shall be recorded
in the Public Records of Palm Beach County, Fiodda, upon execution of this Agreement.
The cost for recordation shall be paid by the TENANT.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
,ATTEST:
Approved as to Form:
Cay A~m~/
CITY OF BOYNTON BEACH, FL
/
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me, the undersigned Notary Public
10
in and for the State of Flodda, on this, the/~
an~~,. ~jty~C~rk and Mayor,
NOTARY PUBLIC
SEAL OF OFFICE
day ~96, by Gerald Taylor,
respectively.
Notary Public. Sta~ of Florida
.~ ~ 'i~ ~ C0MMISS~0~ ~ CC30~3~4 EXPIRES
~G~q~~ame of Nota~
Public:~~~sioned
Individuals. who signed are personally
known: no identification produced
TENANT
Signed sealed d delivered in the presence of:
(print name)
name)
PCS
By:
Attested by: /:>~ ~,J. ~~
Title:
11
STATE OF FLORIDA )
COUNTY OF Palm Beach )
! HEREBY CERTIFY that on this ,~2 0'H'"- day of ~
)~q~, before me personally appeared /~/te_.,~PtE~c. o'/j.. $~,~:/.,g o~
PCS, to me personally known to be the individual who executed the foregoing instrument
and acknowledged before me that he executed the same for the purposes therein
expressed on behalf of PCS.
~ITNESS my hand/a~officiai seal of this
day of
// '
_e~ Public
e-,,,,ff-,,./e g.o-w/)g
nama)
My Commission Expires:
900182
Tower. lse
Rev. 5/22/96
6/4/96
6/18~96
12
ADDENDUM TO AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND
PKIMECO PERSONAL COMMUNICATIONS
THIS ADDENDUM modifies and amends the Agreement entered into by the
parties, as follows:
1. LICENSE OF TOWER TO THIRD PARTIES. At CiTY's request, and subject
to PCS's approval which shall not be unreasonable withheld, PCS will grant a license, for
the initial term and any extended terms of this Agreement a license to one third party,
pursuant t which license the third party may occupy that portion of the Tower structure
permitted by PCS. The thim party shall, prior to installing its equipment on the Tower
execute a License Agreement satisfactory to PCS which' agreement shall contain, but not
be limited to, the following terms and conditions.
A. The third party, a the third party's e.3~pense, shall submit to PCS the
following: (a) detailed site plans and plans and specifications setting forth the proposed
antennas and other equipment, the height and location of such antennas and other
equipment and other equipment, and, the construction, installation and other work to be
performed on the Tower and Leased Property, (b) a structural analysis of the Tower
addressing the installation of additional antennas and other equipment on the Tower by
the third party and demonstrating that the installation cf such antennas and equipment will
not exceed the Icad capacity of the Tower, and (c) a list of all frequencies currently or
anticipated to be licensed or assigned to the third party by the FCC. The third party shall
not install any equipment or commence any work on the Tower or the Leased Property
until PCS approves, in writing, the third party's site plans, plans and specifications,
structural analysis and frequencies, such approval to be given in PCS's reasonable
discretion: If PCS does not approve the third party's site plans, plans and specifications,
structural analysis or frequencies, the Owner may not sublicense the Tower or Leased
Property to such third'party.
B. The third party's use of-the tower shall be limited to the antennas and
other equipment and frequencies approved and agreed upon in advance by PCS pursuant
to paragraph 1 above. .,.
C. The third party's installation, use and occupancy of the Tower and
leased Property shall be in compliance with all present and future laws, regulations and
requirements of all federal, state and local authorities, including, without limitation, the
FCC.
D. The third party shall assume ali risks in connection with the
installation, operation, maintenance, repair, replacement, and removal of the third party's
antenna and other equipment located on the Leased Property and the Tower. The third
party shall maintain commercial general liability insurance insuring against liability for
personal injury, death or damage to personal property arising out of use of the Tower or
Leased Property by the third party. Such insurance shall provide coverage in an amount
of not less than one million dollars ($1,000,a00) for bodily injury or death to anyone (1) or
more persons and in an amount not less than one million dollars ($1,000,000) for property
damage and shall inctude a contractual liability endorsement naming PCS as an additional
insured on such policies. All insurance policies shall be written with insurance companies
qualified to do business in the State ~ Flcdda and shall provide for thirty (30) days written
notice to PCS prior to cancellation. Certificates of such policies, shall be delivered to PCS
prior to the installation of the third party's equipment. Further, the third party shall
reimburse PCS for any damage tothe Tower or PCS's equipment, and shall be required
ta indemnify and hold PCS harmless from any and all liability, claims, demands, actions,
losses, damages, orders, judgments and any and all costs and expenses including, without
limitation, reasonable attorney's fees and casts, arising rom or incurred in connection with
- ctaimS for injur~ to persons or property causedby the.act or omission of such third party
or its respective agents, contractors or employees including, without limitation, the use of
the Tower, leased prope~ or third party's equipment ? the breach of any contractual
obligation to Owner or PCS.
be assignable.
The third party's ~ght to use the Tower or Leased Property shall not
F. PCS shall have the dght to have a representative present dusting ~e
installation of the third party's antennas and other equipmenL
G. The third party's installation cf the third party's antennas and other'
equipment on the Tower and the Leased Pmper~ shall be performed on dates and at
times and within time frames approved by PCS in writing and shall not interrupt or interfere
with the operation of PCS's communications system or PCS's equipment unless PCS
agrees to such interruption or interference in writing.
H. The license to the third party shall be contingent upon the execution
of an appropriate ground lease agreement between the third party and the CITY.
I. Ail rentals received bY. PCS from th.e license of ~he Tower to the third
party shall be retained in their entirety' by PCS. All rentals received by the CITY pursuant
to the ground lease between the CITY and the third party shall be retained in their entirety
by the CITY.
CITY OF BOYNT~H
ADDENDUM TO PCS SITE AGREEMENT
Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9504
Lift Station #319 (S.E. Comer of Lawrence Road and Knollwood Road)
THIS ADDENDUM modifies and amends the PCS Site Agreement referred to herein as follows:
1. Personal Property, Real Estate and Intang?ole Taxes: SSLP will pay all personal property
and intangible taxes levied or assessed on the PCS system. SSLP will pay any increase in Owner's real
estate taxes directly attributable to the PCS installation.
2. Rent: Notwithstanding anything to the contrary contained herein, rent will commence on
the Rent Start Date. Rent will be paid annually in advance on the Rent Start Date and on each
anniversary of it. The Rent Start Date shall be the earlier of (a) the date which is 30 days after the
issuance of a building permit for installation of the PCS, or (b) the first day of the month following
commencement of physical preparation of the Site. The annual rent will be $12,500, partial years to be
pro-rated.
2.a Upon the issuance of a Certificate of Occupancy by CITY for TENANT's
Communications Facility, TENANT shall in lieu of making the payment of rent for the initial five year
term as provided hereinabove, TENANT shall pay to CITY a one time lump sum payment of SEVENTY-
FIVE THOUSAND AND NO/100 ($75,000) DOLLARS. This lump sum payment shall constitute the
advance rental payment by TENANT for the initial five year lease term.
3. CPI: The annual rent for each Renewal Term will be the annual rent in effect for the final
year of the Initial Term or prior Renewal Term, as the case may be, increased by an amount based upon
the cumulative percent increase of the CPI (Consumer Price Index - U.S. City Averages for Urban Wage
Earners and Clerical Workers - 1982-84 - 100, published by the United States Department of Labor,
Bureau of Labor Statistics (or reasonable equivalent index if such index is discontinued)) between the
commencement of the Initial Term and the end ofthe Initial Term, or the commencement and end of the
Renewal Term, as the case may be, such increase not to exceed 20 percent in any case.
4. Addendum Controls: In the event of a conflict between PCS Site Agreement and this
Addendum, this Addendum shall control.
5. PCS Agreement Remains in Effect: All terms and conditions of the PCS Site Agreement
and Exhibits thereto which are not inconsistent herewith remain in full force and effect.
OWNER: CITY OF BOYNTON BEACH, FLORIDA
SS/Tax Nt. 59-6000282' //~ -
100 East Boynton Beach B~otlevard
Boynton Beach, Florida 33425
ADDENDUM TO PCS SITE AGREEMENT
Site Name: CITY OF BOYNTON BEACH
Location: Bicentennial Park - U.S. 1 and N.E. Third Avenue, Boynton Beach, FL
THIS ADDENDUM modifies and amends the PCS Site Agreement referred to herein as follows:
1. Personal Property, Real Estate and Intangible Taxes: PRIMECO will pay all personal
property and intangible taxes levied or assessed on the PCS system. PRIMECO will pay any increase in
Owner's real estate taxes directly attributable to the PCS installation.
2. Rent: Notwithstanding anything to the contrary contained herein, rent will commence on
the Rent Start Date. Rent will be paid annually in advance on the Rent Start Date and on each
anniversary of it. The Rent Start Date shall be the earlier of (a) the date which is 30 days after the
issuance of a building permit for installation of the PCS, or (b) the first day of the month following
commencement of physical preparation of the Site. The annual rent will be $12,500, partial years to be
pro-rated.
2.a Upon the issuance of a Certificate 'of Occupancy by CITY for TENANT's
Communications Facility, TENANT shall in lieu of making the payment' of rent for the initial five year
term as provided hereinabove, TENANT shall pay to CITY a one time lump sum payment of SEVENTY-
FIVE THOUSAND AND NO/100 ($75,000) DOLLARS. This lump sum payment shall constitute the
advance rental payment by TENANT for the initial five year lease tenn.
3. CPI: The annual rent for each Renewal Term will be the annual rent in effect for the final
year of the Initial Term or prior Renewal Term, as the case may be, increased by an amount based upon
the cumulative percent increase of the CPI (Consumer Price Index - U.S. City Averages for Urban Wage
Earners and Clerical Workers - 1982-84 - 100, published by the United States Department of Labor,
Bureau of Labor Statistics (or reasonable equivalent index if such index is discontinued)) between the
commencement of the Initial Term and the end of the Initial Term, or the commencement and end of the
Renewal Term, as the case may be, such increase not to exceed 20 percent in any case.
4. Addendum Controls: In the event of a conflict between PCS Site Agreement and this
Addendum, this Addendum shall control.
5. PCS Agreement Remains in Effect: All terms and conditions of the PCS Site Agreement
and Exhibits thereto which are not inconsistent herewith remain in full force and effect.
OWNER: CITY OF BOYNTON BEACH, FLORIDA
ax No. 59-6000282 ,dr
100 East Boynton Beach Bo~evard
Boynton Beach, Florida 334~5
DATE: ~--/.~-~/~/