R96-081RESOLUTION 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 PUBLIC
WORKS COMPOUND (222 N.E. 9TH AVENUE); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 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.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
(gommissioner
Co,~issioner
/
/
LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the
day of~~.~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 Lift Station #
319, (S.E. Corner of Lawrence Road and Knollwood Road), Boynton Beach, Florida
33435, Palm Beach County, Florida; and
WHEREAS, TENANT desires to lease a portion of said real property to construct,
eperate, and maintain telecommunications tower and support equipment; and
WHEREAS, CITY staff has reviewed the request of TENANT and recommends that
TENANT lease a p~oi'tion 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 Lawrence Road, to the leased property and right-of-way for access are
hereinafter referred to as the "Property". The said Property is located at S.E. Corner of
Lawrence Road and Knollwood 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
telecom munications 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 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 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 Proper~y.
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 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 Wellfleld 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 rent 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 corn pleted.
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 interferencewith 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 or in equity, to immediately terminate this
Agreeme~ notice to CITY: of such termination. The CITY hereby also
agrees that the 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 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 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.
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 othe,_r~, jse 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 o! tl~e 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
intentiona I 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 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, assi gned 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 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 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 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, 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:.
Approved as to Form:
CITY OF BOYNTON BEACH, FL
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 L~ day of ~1.99.6, by
Gerald Taylor, an~ ~erk and Mayor, respectively.
NOTARY PUBLIC
SEAL OF OFFICE
Notary Public, State of Florida
,,'-~-'~'.'~:~"- ROSE MARIE LAMANNA
...~.
=.: :~ MY COMMISSION # CC302364 EXPIRES
~dnted, typed or stamped n~me of ~otary
Public exactly as commissioned
Individuals who signed are personally
known: no identification produced
TENANT
Signed, sealed and delivered in the presence of:
(pdnt 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
dayof
Notary Public
name)
(print
My Commission Expires:
900182
Tower. Ise
Rev. 5/22/96
6/4/96
EXHIBIT A *
Name: Lift Station #319 MTG I.D.
Address: S.E. Corner of Lawrence Rd & Knoiiwood Rd. N0rtel I.D.
Boynton Beach, FL 33437
P1~048
MIA9504
Site situated in the City of~a.Ya/J20.l~aaT~ County of~ State of Florida, commonly described as follows:
Legal Deseriptioll~
(See attached copy of warranty deed.
As may be more fully described in Attachment "A-I" attached hereto.
Sketch of Site; ' ~ i '-co
Owner Initials
SSLP Initials
Note: Owner and SSLP may, at SSLP's option, r~place this Exhibit with any exhibit setting forth the legal description of the property
on Which the Site is located and/or an as-built drawing depicting the Site.
*[Use this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of
0~- '%n AgreemenL]
File: G:~LEASELSTVLEASE~FREDM~LiFTSTA. i~M 5/22/96. 3:15 PM DBiI~I63
88--004778
P~epared by
B. Jeans Crippen, Esquire
BooBs, Casey, Ciklin, Lubitz,
.Martens, F-cBane & O'Connell
5t$ North Flaqler Drive
lPth Floor - Northbridge ?ewer I
West ''~m Leach, Florida 33401
Return to:
//Offic~ of lhe Cl~y C1ed~ ~
_City of 3oy.ton ~
P. O. 8ox 310
This Quit-Claim Deed, executed this day of -.m~,~. ,
i987, by KNOLLW.9OD ORANGE GROVES, INC''a--~lorida Corporation,
first party, to the CITY OF BOYNTON BEACH, a Municipal Corporation
of the State of Florida, located in the County of Palm Beach-,
whose P~St off, ce address is P.o. Box 310. Boyncon Beach~ FL 33425
second party: - , ,
Wlt~.esseth, the said first party, for and in consideration of
the sum of $10.00 in hand paid by the said second party, the
receipt whereof is hereby acknowledgpd, does hereby remiss,
release and quit-claim unto the said second party forever, all the
right, title, interest, claim and demand which the said first
party has in and to the following described lot, piece or parcel
. of lard, situate, lying and being in the County of Palm Beach,
State of Florida, to-wit~
That part of a parcel of land lying in Section 18, Township
45 South, Range 43 East, Palm Beach County, Florida.
Said parcel being described as the West three-quarters (W
3/4) of the North one-half (N 1/2) of the Northwest one-
quarter (NW i/4) of sal] Section 18, except th.: West 33 feet
for the Lawrence Road right-of-way and also ex, apt the North
50 feet for the Lake Worth Drainage District L-20 Canal
right-of-way.
Said part being described 'as the west 147 feet of th~ South
140 feet of the North 248 feet 6f said parcel described above."
To Have and to Hold the same to~ether with all and singular
the appurtenances thereunto belonging'or in anywise appertaining,
and a~l the estate, right, title, interest, lien, equity and claim
whatsoever of the said first party, either in law or equity, to
the only proper use, benefit and behoof of the said second party
forever.
In Witness Whereof, the said first party has caused these
presents to be executed in its name, and its corporate seal to be
hereunto affixed, by its proper officers thereunto duly authorized,
the day and year first above written.
Signed, sealed and delivered
in.the_ presen_c~ of:
STATE OF FLORIDA
NOLL. D ..
' 8g-004~'78 (Corporate seal.).
COUN'I"Z OF PAT, F. BEACR Coil
i0. O0 Doc
J01~ 8 01JNgLE,CLEI~.'~ - P8 COUNTY,
I H~BY CEI~TIFT that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowled~ents
~rso~lly apda=ed ~--'--" ...... ,-- , .known to me to be the
"~'~-.r of th6"~%-~kloh nam~ as Grantor In the foregoing
dee'%: and that he acknowledged ex~uting the same in the presence
of two subscribing wltn=sses freely and voluntarily under authority
duly vested in him by-said corporation and that the seal affixed
thereto ts the true corporate seal of said cor~ratton.
Witness my hand and official ..,'~'~'~:~'[~=the County and
last aforesaid this ~7~h day of- D~'~f~'".~' 1987
PALM BEACH COUNTY, SrA. ' ' ' t' :
JOHN B. DUNKLE . : ~.. ,'
CL~RK 'ClR~IT COURT '""7 "~:"::'~' ~le ~ ~ ~
ADDENDUM TO PCS SITE AGREEMENT
Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9504
Lift Station #319 (S.E. Corner 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 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.
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 p.rior 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
SS/Tax No. 59-600028ff/~
100 East Boynton Be~h Boulevard
Boynton Beach, Florida 33425 ~
SPRINT SPF_.~TRUM L.P., a Delawa~'e limited
parmrship
By:
Its: MTA Director- '
,s,~d~: 12~o ~. University Drive. ~ ~00~
~Plantation. FL ~;3322 ,
'Date: ,
I
I
LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the
day of~996 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 222 N.E. 9th
Avenue, 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, th~ 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 isN.E. 9t.h Avenue, to the leased property and right-of-way for access are
hereinafter referred to as the "Property". The said Property is located at 222 N.E. 9th
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, 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 Beach.
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 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 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~ 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 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
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 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 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 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 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.
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
$.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 ShoL~ld 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 attorney';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:liabilit 'ed to obtain under this Agreement.
Thi 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 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 BYTENANT, 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 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 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 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~e 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 Attorney
CITY OF BOYNTON BEACH, FL
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 o~,. 19.96,
Gerald Taylor, and~ City.Clerk and Mayor, respectively. ~ by
NOTARY PUBLIC
SEAL OF OFFICE
Notary Public, State of Florida
..................................... ot8
Printed, typed or stamped name of'N ry
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)
,(p~nt
My Commission Expires:
900182
Tower. lse
Rev. 5/22/96
6/4/96
EXHIBIT A *
.~Sit~e Name: Public Works Compound MTG i.D,
,~ Address: 222 NE 9th Avenue Nortel I.D.
Boynton Beach, FL 33425-0310
PB-046
MIA9212
Site situated in the City of~:L~ County ofP. alal_l~r, ag~ State of Florida. commonly described as follows:
Legal Description:
See attached Warranty Deed
As may be more fully described in Attachment "A- I" attached hereto.
Sketch of Site;
'o ,~ ~..c="rr,,~."~ ' PUBLIC WORKS COMPOUND
Owner Initials
SSLP Initials
Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with any exhibit setting forth the legal description of the property
on which the Site is located and/or an as-built drawing depicting the Site.
*~_U~e this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option Agreement and Memorandum of
O' m Agreement.[
File: G:\LEASE~TVLEASEX, FREDM~PUBWKS.FM 5/21/96, 2:02 PM DBID# 162
~Tntofl Hills
13~B~ l~29 Lots ? to LQ tflel~slve, qlock 2,
k~206 1933 F-Xm BI~O~ CouAt~.~ CXub ~t~tel 11
13~R~ 192~ ~- Lore ( to '8 Xflelulive, Block 1
~322k 1933 ~oo~l~n~
12
lOb~ 19Z~ Lots 21 ~0 Z:3 ~Cl~'ve ~lock 1
~)::6 1933 ~ ~oodl~ ~ll~s ....
lOSS? 1928 ~ Lots ~ I;Q 8 Xf~lqsXve. Block 2
10~9 1~ ~a 21 ~o Z~ ~fleluaAve. Block 2
lOqgl 19:9 ~ts 3 co 6 ~naA~s~ve, BXocX 3 12
~269 1933
~657 1930 Lot ~EO. Cher~ Rills
~tb 1~33 Lets 2~. 27 ~fl~ 2W. Cefltr, l p,~
ADDENDUM TO PCS SITE AGREEMENT
Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9212
PUBLIC WORKS COMPOUND (222 N.E. 9th Avenue, Boynton Beach, FL 33425)
THIS ADDENDUM modifies and amends 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 alter 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 W~rkers - 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 Termand 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
~0S0/TEa~ Nt~' ~50-6n000282: ff -
ast oynto Beach B6talevard
Boynton Beach, FJoricla 3,3425
DATE:
SPRINT SPECTRUM L.P., a Dehware ~imited
By:
Its: .MTA Director.
Addr~,s: I~ N. nivers/tv Drive.
Plantation. FL 33322 ,
-Date: '
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