R96-083RESOLUTION NO. R96-,~'..¢
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 SPRINT
SPECTRUM L.P. FOR INSTALLATION OF A
TELECOMMUNICATIONS TOWER AT THE WATER
STORAGE TANK (3600 MINER ROAD); 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 enter into an Agreement with Sprint
Spectrum L.P.; 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 Sprint
Spectrum, L.P., which are attached hereto as Exhibit "A".
PASSED AND ADOPTED this /~ day of June, 1996.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
~'ice Mayor / / <
C°m~ne...7/v/.¢~,~r
C~)mmissioner
Com,~sioner
/
LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER 'SITE
THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the
day of._JjaP~e~, 1~96 by and between:
CITY OF BOYNTON BEACH, FLORIDA
a municipal corporation
(Hereinafter referred to as "CITY")
AND
Sprint Spectrum, L.P.
A Delaware Limited Partnership
(Hereinafter referred to as "TENANT")
WHEREAS, CITY is the owner of a certain real property located at 3600 Miner
Road, Boynton Beach, Florida 33435, Palm Beach County, Florida; 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 Miner Road, to the leased property and right-of-way for access are hereinafter
referred to as the "Property". The said Property is located at 3600 Miner Road, 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, freestanding antenna support structure (pole), not to
exceed 150' (one hundred fifty feet) 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 TEN~,NT 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 Beachl
2.03 TENANT shall be responsible for soil borings 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. All 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 serv;m.,e 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 Wellfield 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 TENANT will 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 security fence, to become property of CITY.
TENANT shall pay re. nt at the then existing monthly rate or on the existing monthly pro
rata basis, if base~d 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 work
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 right 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 right 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
necessa fy, 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 or in 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 To~er for other ~ntities'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 right 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 rig~-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.
4.01
ACKNOWLEDGMENT
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
governmental 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 right 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 See Attached Addendum - Paragraph 2 - Rent
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 See attached addendum, paragraph 2 - Rent
6.01(a)
Services Provided to the City.
In addition to the rent outlined above, the TENANT shall provide the CITY with
either $75,000 in services, or a one time cash payment of $75,000, or a combination of
both cash and services, equalling $75,000. In kind services must be clearly delineated
and agreed upon by the CITY.
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 See attached Addendum, Paragraph 3 - CPI
6.04 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 Shodld 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 prior 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 arise 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, paralegal 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 rights from immunities under the common law or Florida 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 aha any variance with respect to limits of liability, if less than
those indicated in, he 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 subsidiariesor 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 America, 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 governed
by the laws of the State of Florida.
12.02 Any claim, objection or dispute arising 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 prior 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 bewaived, 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 decided 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 All 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:
Sprint Spectruc, L.P., a
Delware Limited Partnership
WITH
COPY TO:
Mastrina/Christiansen
Attorneys at Law
2750 North Federal Highway
Ft. Lauderdale, FL 33306
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 tl=ie 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, Florida, 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: CITY OF BOYNTON BEACH, FL
Approved as to Form: Mayor
City Attomey
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me, the undersigned Notary
Public in and for the State of Florida, on this, the ~ day of~19,96, by
Gerald Taylor, and Sue Kruse, City Clerk and Mayor, respectively. ~
NOTARY PUBLIC
SEAL OF OFFICE
Notary Public, State of Florida
~ P,~E MARIE LAMANNA
Printed, typed or stamped name of Notary
Public exactly as commissioned
Individuals who signed are personally
known: no identification produced
TENANT
Signed, sealed and delivered in the presence of:
(print name)
(print name)
PCS
By:
Title:
Attested by:
Title:
STATE OF FLORIDA )
COUNTY OF Palm Beach )
I HEREBY CERTIFY that on this
day of
before me personally appeared
of 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.
WITNESS my hand and official seal of this
day of
Notary Public
name)
(print
My Commission Expires:
900182
Tower. Ise
Rev. 5/22/96
6/4/96
EXHIBIT A *
~- ~-~te Name: Boynton Beach Water Storage Area
te Address: Miner Rd. (Fast of Lawrence Rd.), Boynton Beach, FL 33437
MTG I.D. PB-048
Nortei I.D. MIA 9504
Site situated in the City of~.0~lg~Li~tl, County of~, State of~commonly described as follows:
Legal Description:
See attached copy of warranty deed.
As may be more fully described in Attachment "A-1' attached hereto.
Sketch of Site:
Owner Initials
SSLP Initials
~q~te: Owner and SSLP may, at SSLP's option, replace this Exhibit with any exhibit setting forth the legal description of the property
~hich the Site is located and/or an as-built drawing depicting the Site.
~,o~se this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of
OptionAgreement. [
G:\LcasetStvlease\Fredm\BBwater. doc Rev. 0 3/29/96 2:[5 PM
Prepared by and
DOCUM N[ARY#-, :.:...., STAMP
2000 Pa2a Beach Lakes Bou~eva=d "~ '- : - ~.~ u
~eet Pa~m Beach, Florida 33409 '" ' : -~::~ .......
.' m ~;. THZS'WARR~ DEED made and executed the
~ of _ day
A.D., 1984 by C~R~L~A HELE~ L~RY ~AYNE
~ MELEAR, and MICHAEL RAYMOND MELE~, here~nafte~ called 2he
~ ~hose post office address ~s P. O. Box 310, Boynkon Beach,
' Florida 33425-0310~ her~.,a~te~ called 2he Grantee.
WITNBSSETH= That G'=an2o~ fo~ and ~n cons~de~ak~on
of ~he s~ of $10.00 and othe~ valuable consideration, ~ece~p~
~ vhe~;.oE ~s hereby acknovledged, by 2hess presents does g~an~,
· -- bargain, sell~ a~en~ ~em/se, release, convey and conf~=m
~ un2o ~he Grantee, all Shat certain land s~tuaee ~n Palm Beach
~ Co~ty, Florida, v~z= ·
~ SEE A~ACBED EXHIBIT "A"
1) Zoning and/or reset~ct~ons or p;oh~b~e~ons ~mposed
by govet~ental au:hot~ey.
3) ~1 okhet testt~ck~ons, tesetvae~ons, covenan:s and
easements of public record.
~ 4) R~ghts-of-~ay of record.'
~[~ S) Taxe~.~ot khe year 1984 and subsequent yeats.
~) ~i2h~n s~x (~) months from ehe teco~'dat~on
Deed, Gran2ee shall fence the above-described ptopet:y and
~ bu~fet 2he ptopet:y v~hh :rets 2ha2 vhen ~u~ly gtovn rill
~[,~ fotPt~decons~tuc~-a visua~f. ~ buf~ettheteonfr~, khe valet tepump facility planned
, ~) In the even~ G~antees locate another site, othe= than
the above-described p~ope~k~, ~o: 2he rake: ~epump ~acL~2~,
the prope:k~ shall ~eve~ 2o G~anho~s, 2haLf he~s, successors
o: assigns.
Toqe~he~ vLth ~ khe ~enemenks, he~edLtamen~s ~d a~u:cen-
ances ~here~o belonging or in anonae appertaining.
To have and 2o ho~d ~he same ~n fee simple fo~ever.
~d 2he G:ankors he~eb~ covenant vLhh s~id Gran~ee that
G~anhors a~e lav~ully seized of said land ~n Ese'simple; ~ha~
Granko~s have good =Lgh~ and ~avful au~ho~it~ ~o sell and
co~e~ said ~nd~ khat G~an~o~s he~eb~ ~ull~ va~an~ ~he ~L~e
~G said land and rill defend khe ~ame agaLns~ ~he lavful claims
of all ~r8ons vh~oever.
IN ~Z~S ~B~OF, the said G~ankors has signed and sealed
~ese ~e8ents ~e da~ and ~ea~ ~L:s2 above
SLgned, sealed and delivered
Ln ~e p~esence
Grantor ..... ~
STATE OF
COUNTY OF
Z HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid
to take acknowledgments Personally appeared CARRILLA NFl, EAR,
known to me to be the person na~ed an Granko~ In the foregoing
deed~ and that she acknowledqed executing the same ~n khe
Presence of ~wo subscribing witnesses ~ree~ and voluntarily
~o~ the purposes expressed the~e~n.
· .': .. ~TNESS m~ hand and o~i~al seal~n~he County
..<~:-?ahd' S~a~e la8~ afo~esaid ~h/s .. / day _ ,
~U~ OF
'~ RER~BY CERTIFY ~hat on 2h~s da~, be~o~e me, an
o~ce~ du~y a~t~or~zed ~n the S2ake and Coun~ a[oresa~d
to ~ake ackn~led~enks pe~sona~ly appeared ~y ~A~E
kn~n '~o ~e ko be ~e person na~ed as 6~anko~ ~n the
dee~, and hhat he acknowledged execu~ln~ the ~e ~n ~e pres~ce
o~ 2~o subscribing w~nesses ~eely and vo~unha~ly ~o~ ~he
purposes expressed the~e~n.
~ITNESS ~ hand and o~E~cl'al seal ~ ~he C~nt~
and State last a~o~esa~d 2h~s da~ o[ ,~ ." -"
· .: ' ~O. ' ~'= ~.:
I HEREBY CBRTZFY that on this day, before me, an
o££Lcc~ dul~ authorized in the State and County a£oresatd
to take acknovledgments Personally appeared MICHAEL RAYMOND
I~LBAR, known ~o me ~o be ~he person named as Grafl~oF Ln the
foregoing ~eed, and ~hat he acknovledged execu~iflg ~he s~e
in ~e ~e~ ~ ~ ~c=/bing vi~es~s ~reely and volun~a rlly
loc the pur~ses expressed the~e~n.
~TNESB m~ hand and official sea~ i'n ~he-Coun~
and State last a~oresa~d ~h~s /~ da~ o~ ~.,,~..-:" ,-
1984. ~ ~ ;j . . .;..
Notary Public ' ~.~-~, . /-~..:~. -
WATER TANK S~TE
A par¢~l of land lying within Section ~8, Township 45 South, Range
43 Eas~,- Palm Beach County, Florlda, and being more particularly
descr/~.as followsl
'Commence a~ ~he Northeast ~ornar of said Section 18~ thence
S°uth00e34e31# West along the East line of said Section 18, a
distance of 158.15 feet; thence South 88,05e52- West along the
South Right-Of-Way line of proposed M~ner Road a distance of
2975~44 feet to the Point.of B~ginning; '
Thence South 01-30,1'7# West,.a die~ance of 50~.&8 feet.
Thence South 88~03~13~ West,'a distance of 165.00 feet.
Thence. North 01*30,17# East, a distance of 503.81 feet.
Thence North 88e05~52- East along said proposed south
R~ght-Of-Way line, a distance of 164.99 feet to ~he
POint Of Beginning.
Containing 1.905 acres more or less.
Subject ~o easements and restrictions of record.
ADDENDUM TO PCS SITE AGREEMENT
Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9504
WATER STORAGE TANK (3600 Miner Road, Boynton Beach, FL 33436)
THIS ADDENDUM modifies and mends the PCS Site Agreement referred to herein as follows:
1. Personal Property, Real Estate and Intangible 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.
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 Wfirkers - 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 theretowhich are not inconsistent herewith remain in full force and effect.
OWNER: CITY OF BOYNTON BEACH, FLORIDA
SS/Tax No. 59-6~3002~2
100 East B oynton B eachl~/oulevard
Boynton Beach, Florida 3342;5
DATE:
SPR/NT SP£CTR. UM L.P., · Def&wa~'e ~imitcd
psrt:n~p
By;
Its: .MTA Direct91..
Addr~: 1
Plantation. PL 33322
Date: