R00-025RESOLUTION NO. R00-~
a RESOLUTION Of THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
COMMUNICATIONS SITE LEASE AGREEMENT
(GROUND) AND A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
NEXTEL SOUTH CORP.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
recommendation of staff, hereby authorizes and directs the Mayor and City
Clerk to enter into a Communications Site Lease Agreement and a Memorandum of
reement between the City of Boynton Beach and Nextel South Corp.; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorize and direct the Mayor and City Clerk to execute a
Communications Site Lease Agreement and a Memorandum of Agreement between
the City of Boynton Beach and Nextel South Corp., said Agreement being attached
hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~' day of March, 2000.
co sio ¢
Gommissionor
Market.: South Flor/da
Site No.: FL 2513A
Site Name: High Point
PREPARED BY:
Paula Hickman, Esq.
Nextel South Corp.
2201 Lucien Way, Suite 200
Maitland, FL 32751
RETURN TO:
Alan Gabriel, Esq.
2455 E. Sunrise Blvd., Ph-E
Ft Lauderdale, FL 33304
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this ~ day of ,2000, by and
between City of Boynton Beach, a Florida municipal corporation, with an address at 100 E. Boynton Beach Boulevard,
P.O. Box 310, FL 33425 (hereinaiter referred to a~ "Lessor") and Nextel South Corp., a Georgia corporation, d/b/a
Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to
as "Lessee").
Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the __ day of
2000, for the purpose of installing, operating and maintaining a radio communications facility and other
improvements. All of the foregoing are set forth in the Agreement.
The term of the Agreement is for five (5) years commencing on ., 2000 ("Commencement Date"),
and terminating on the fifth anniversary of the Commencement Date with four (4) successive five (5) year options to
renew.
The Land which is the subject of the Agreement is in Palm Beach County, Florida, described in Exhibit A annexed
hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first
above written.
Signed, sealed and delivered in the presenc.e of.'
Ptint Namd:/YI g/~tJ~/t~-A//V~--
Witness - l~t9 .. t ~t--~ .... '
PrintName: ~-~?'1' ¥ /,... -~
Ap~pmv~d~A, To F~jn:.~
City Attorney's Office
LESSOR: City of Boynton Beach,
Title: Mayor
Executed on the ,~ day of ,ff~,~,~e/, ,2000
STATE OF Florida
OF
The foregoing instrument was ackr~owledged before me this 8 day of ,~4~ttr ,2000, by Gerald
Broening, as Mayor of City of Boynton Beach, a Florida municipal corporation, who is personally known to me or who
has produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Nota~ Public
M ~ '~'n ~. blic, State of Florida }'
~ '~or~a* My Commission Exp. 01/02F2001;~
~ .-SOo-a-~OX~V- n.. ~o~ s~,,i~ · ~co.
~,,.,.~.,.~.,~,.'~,..~.~.~.,.~.,~.;.~~ CONTINUED
ON FOLLOWING PAGE)
~'~lh Florida
Site No.: FL2513A
Site Name: High Point
Signed, sealed and delivered in the presence off
Approved As To F.otm:
City Attorney's Office
LESSOR:
CITY OF BOY'NTON BEACH,
aF'oridam , ipa' c. _
By:
Print Name: Gerald Broening
Title: Mayor
Executed on ~ day of ,,~,~,~'d/ ,2000
Federal Tax ID#: 5%6000282
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ~ day of .~/.~,~'~'~.tr ,2000, by Gerald Broening, as
Mayor of City of Boynton Beach, a Florida municipal corporation, who is personally known to me or who has produced
as identification and who did (did not) take ~n oath. ·
WITNESS my hand and official seal.
Signed, sealed and delivered in the presence of:
LESSEE:
Nexte{ South Corp., a Georgia corporation
d/b/a Nextel Communications
By:
Witness
Print Name: Print Name: John Cafaro
Title: Vice President
Witness
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2000, by John Cafaro, as Vice
President of Nextel South Corp., a Georgia corporation, d/b/a Nextei Communications who is personally known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
Res, ised S/50/99 4
Market • South Florida 00—cal5
Site No.. FL 2513A
Site Name High Point
COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
This Communications Site Lease Agreement (Ground) ( "Agreement ") is entered into this I W day of 11ke r,41 , 2000, between
City of Boynton Bcach, a Florida municipal corporation with an office at 100 East Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, FL
33425( "Lessor "), and Nextel South Corp. a Georgia corporation, d /b /a Nextel Communications with an address of 851 Trafalgar Court, Suite
300E, Maitland, FL 32751 ( "Lessee ").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the "Land ") and BellSouth Mobility, Inc , has erected a monopole (the "Tower ") on the
Land located in the City of Boynton Beach, County of Palm Beach, State of Florida commonly known as Little League Field, 300 Woolbright
Road (the Tower and Land are collectively the "Property "). The Land is more particularly described in Exhibit A annexed hereto Lessor hereby
leases to Lessee and Lessee leases from Lessor, approximately five hundred fifty eight (558) square feet of the Land and all access and utility
easements, if any, (the "Premises ") as described in Exhibit B annexed hereto.
2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services ( "Permitted Use ")
Lessor acknowledges that Lessee must also enter into a separate agreement with a third party for the use of the Tower in order to install Lessee's
antennas in connection with the Permitted Use.
3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for
the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and
constructing the Lessee Facilities (as defined in Paragraph 6(a) below).
4. Term. The term of this Agreement shall be five (5) years commencing upon construction of Lessee Facilities or One Hundred Eighty (180)
days from full execution of this Agreement, whichever first occurs ( "Commencement Date ") and terminating on the fifth anniversary of the
Commencement Date (the "Term ") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for
four (4) successive five (5) year periods (the "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall
automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew six (6) months prior to
commencement of the succeeding Renewal Term Lessor may elect not to renew this Agreement for the fourth or fifth Renewal Term by providing
Lessee written notice of such election no less than six (6) months prior to the commencement of such Renewal Term Notwithstanding the
foregoing, in no event shall the Term or Renewal Term(s) of this Agreement exceed the term of the lease agreement between the City of Boynton
Beach and BellSouth Mobility, Inc., dated February 1,1995, attached hereto as Exhibit D
5. Rent.
(a) Within thirty (30) days of the Commencement Date and on the first day of each year thereafter, Lessee shall pay to Lessor as rent Ten
Thousand and 00 /100 DOLLARS ($10,000.00) per year ( "Rent "), plus applicable sales tax. Rent for any fractional year at the beginning or at
the end of the Term or Renewal Term shall be prorated, Rent shall be payable to Lessor at City of Boynton Beach, 100 E Boynton Beach
Boulevard, FL 33425, Attention. Finance Director
(b) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to five {percent (5 %) of the Rent for the
previous year, exclusive of taxes
(c) As additional consideration, Lessee shall pay Lessor a one time signing bonus in the amount of Seven Thousand and 00 /100 DOLLARS
($7,000 00) within thirty (30) days of the Commencement Date
(d) As additional consideration, Lessee shall design and construct a materials storage facility ( "Storage Facility ") adjacent to the Premises as
generally shown on Exhibit B. Upon completion of construction and inspection and approval of the Storage Facility by Lessor, title to the Storage
Facility shall be turned over to Lessor Thereafter, Lessor shall be solely responsible for all maintenance, operation, repair and any other costs
associated with the Storage Facility.
6. Facilities; Utilities; Access.
(a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation utility
lines, transmission lines, air conditioned equipment shelter(s) and foundation, electronic equipment, radio transmitting and receiving antennas,
supporting equipment and structures thereto ( "Lessee Facilities ") In connection therewith, Lessee has the right to do all work necessary to
prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the
transmitters and receivers All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good
and workmanlike manner Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property
and are not fixtures Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of
the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Lessee shall
not be required to remove any foundation more than one (1) foot below grade level
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company Lessee shall have
the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company
that will provide service to the Land (including a standby power generator for Lessee's exclusive use) Lessor agrees to sign such documents or
easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing
utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to
provide utility services as provided herein. Any easement necessary for such power or other utilities, at Lessee's sole cost and expense, will be at
a location acceptable to Lessor and the servicing utility company.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor
twenty -four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and
invitees, a non - exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit
B.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and
vehicular access at all times under normal weather conditions Lessor shall be responsible for maintaining and repairing such roadway, at its sole
expense, except for any damage caused by Lessee's use of such roadways
7. interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the
Land, provided that their installations predate that of the Lessee Facilities. If at any time the Lessee Facilities causes interference to facilities of
the Lessor or other lessees or licensees of the Land, which facilities were installed prior to the installation of the Lessee Facilities, and such
interference cannot be eliminated within thirty (30) days of notice from Lessor of such interference, Lessor may require that Lessee cease
1
Remed 8/30/99
•
Market.: South Florida
Site No.: FL 2513A
Site Name High Point
operations of the Lessee Facilities until such interference can be corrected or eliminated, at which time, Lessee may resume operations of the
Lessee Facilities. Lessor may permit Lessee to test its Lessee Facilities periodically in order to correct such interference. All operations by
Lessee shall be in compliance with all Federal Communications Commission ( "FCC ") requirements.
(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on
the Property or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's
operations. Such interference shall be deemed a material breach by Lessor. in the event interference occurs, Lessor agrees to take all reasonable
steps necessary to eliminate such interference, in a reasonable time period. If Lessor fails to comply with this Paragraph 7, Lessee may terminate
this Agreement, and /or pursue other remedies under this Agreement, at law, and /or at equity.
8. Taxes. if personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities.
Lessor shall pay all real property taxes, assessments and deferred taxes on the Land. Lessee shall reimburse Lessor for any increase in real estate
taxes directly attributable to Lessee Facilities within sixty (60) days of receipt from Lessor documentation, reasonably acceptable to Lessee, from the
taxing authority indicating the increase is due to Lessee's improvements
9. Waiver of Lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not
fixtures, and Lessee has the right to remove the same at any time without Lessor's consent
(b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security
agreements for the financing of the Lessee Facilities (the "Collateral ") with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral;
(ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without
recourse to legal proceedings
10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either
party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written
notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason
or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement
Date, or (Iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of
Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without
limitation, a take back of channels or change in frequencies, or (v) by Lessee if Lessee determines that the Premises are not appropriate for its
operations for economic or technological reasons, including, without limitation, signal interference.
11. Casualty, Destruction or Condemnation.
(a) if the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to
terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor
no more than forty -five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee
chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the
Premises.
(b) if any part of the Property or Premises is damaged by fire, act of God, inclement weather, or other casualty (herein "Casualty ") so as to
prevent the continued use of the Lessee Facilities for the Permitted Use in a commercially reasonable manner, then Lessee may terminate this
Agreement by providing written notice to Lessor within sixty (60) days of such Casualty, which termination shall be effective as of the date of
such Casualty Upon such termination, Lessee shall be excused from paying further Rent and shall be entitled to a return of any prepaid Rent
made to the Lessor to the extent of the unused, prepaid year, and further, Lessee shall remove Lessee Facilities to accordance with Paragraph 6(a)
above and return the Premises to the Lessor in the condition it was prior to this Agreement, reasonable wear and tear and loss by casualty or other
causes beyond Lessee's control excepted. In the event Lessee does not elect to so terminate this Agreement, then Lessee, at its cost, shall restore
the Lessee Facilities to the condition existing prior to such damage, reasonable wear and tear excepted.
12. Insurance Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury
and property damage insurance with a coinbined single limit of at least One Million and 00/100 Dollars ($1,000,000 00) per occurrence. Such
insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with
Lessee's use of the Premises, all as provided for herein. Lessor, at Lessor's sole cost and expense, shall procure and maintain on the Land,
bodily injury and property damage insurance with a combined single limit of at least One Million and 00 /100 Dollars ($1,000,000.00) per
occurrence Such insurance shall insure, on an occurrence basis, against all liability of Lessor, its employees and agents arising out of or in
connection with Lessor's use, occupancy and maintenance of the Land. Each party shall provide to the other a certificate of insurance evidencing
the coverage required by this Paragraph 12 within thirty (30) days of the Commencement Date
14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises
without the prior written consent of Lessor, provided, however, that Lessee may assign its interest to its parent company, any subsidiary or
affiliate of it or its parent company or to any successor -in- interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets,
subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon
written notice to Lessee, subject to the assignee assuming all of the Lessor's obligations herein, including but not limited to, those set forth in
Paragraph 9 ( "Waiver of Lessor's Lien ") above. This Agreement shall run with the property and shall be binding upon and inure to the benefit of
the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this
Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to
any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties
thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of
credit, bankers acceptances and similar facilities or in respect of guaranties thereof.
15. Warranty of Title and Quiet Enjoyment. Lessor warrants that (i) Lessor owns the Land in fee simple and has rights of access thereto
and the Land is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement, and (iii)
Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions
on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold
harmless Lessee from any and all claims on Lessee's leasehold interest
16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the
default or neglect of Lessee Lessee shall be responsible for all costs associated with the operations and maintenance of the Premises and Lessee
Facilities Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in
which it existed upon execution hereof, reasonable wcar and tear and loss by casualty or other causes beyond Lessee's control excepted
2
Revised 8/30/99
Market South Flonda
Site No . FL 2513A
Site Name: Ihgh Point
17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within
the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any
third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined
below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party
to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation Lessor and
Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all
losses, liabilities, claims and /or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or
agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product,
asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and /or any substance,
chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation This paragraph
shall survive the termination of this Agreement.
19. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and
other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both
parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the
application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties
(d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable
overnight courier to the address of the respective parties set forth below
Lessor: City Manager Lessee Nextel South Corp
City of Boynton Beach 851 Trafalgar Court,
100 E. Boynton Beach Blvd Suite 300E
P.O. Box 310 Maitland, FL 32751
Boynton Beach, Florida 33068 Attn . Property Manager
With a copy to City Attorney's Office With a copy to Nextel Communications, inc
City of Boynton Beach 2001 Edmund Halley Drive
100 E Boynton Beach Blvd. Reston, VA 20191 -3436
P O. Box 310 Attn : Legal Dept , Contracts Manager
Boynton Beach, Florida 33068
Attn City Attorney
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder
shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Florida.
(1) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the
official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to
obtain and furnish to Lessee a non - disturbance and attomment instrument for each such mortgage or deed of trust
(g) Lessee may obtain title insurance on its interest in the Land Lessor shall cooperate by executing documentation required by the title
insurance company
(h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement,
such party shall not unreasonably delay or withhold its approval or consent.
(i) All Riders and Exhibits annexed hereto form material parts of this Agreement.
(j) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original.
20. Tower Marking and Lighting Requirements In the event that Lessor gains control of the Tower, Lessor acknowledges that it, and not
Lessee shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ( "FAA ")
and the FCC To the extent permitted by law, Lessor shall indemnify and hold Lessee harmless from any fines or other liabilities caused by
Lessor's failure to comply with such requirements Should Lessee be cited by either the FCC or FAA because the Tower is not in compliance
and, should Lessor fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee may terminate this
Agreement immediately on notice to Lessor or proceed to cure the conditions of noncompliance at Lessor's expense, which amounts may be
deducted from the Rent
21. Governmental Approvals It is understood that is shall be Lessee's sole responsibility to obtain, at Lessee's sole cost and expense, any and
all permits, consents and approvals from local, state or federal governmental authorities as required by Lessee to construct and operate the Lessee
Facilities (collectively, the "Governmental Approvals ") Lessor agrees to cooperate with Lessee, at no additional cost to the Lessee, and to
execute such documents reasonably required to obtain the Governmental Approvals. Lessee acknowledges that this Agreement does not bypass
any permits or approvals required by the City of Boynton Beach's Planning and Zoning Division. This Agreement does not constitute an
abrogation of the Lessor's governmental land development regulatory power, and the Lessee's performance is contingent upon all such
Governmental Approvals being obtained. Should the City of Boynton Beach or another governmental authority agency with jurisdiction not
approve any required application for Governmental Approval(s) prerequisite to the installation or operation of the Lessee Facilities, this
Agreement shall become automatically null and void so as not be the basis in any respect for a damage claim as a result of such denied
Governmental Approval(s)
IN WITNESS WIIEREOF, the parties have executed this Agreement as of the date first above written.
3
Res ised 8/30/99
Market.• South Florida
Site No : FL 2513A
Site Name. High Point
LESSOR:
Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,
a Florida mu opal core 9en k
a l i�C By:
Print Name./ / 'I Print Name. Gerald Broening
• t Title: Mayor
Witness: n ,.y�
Print Name: c°- r* L SA G - ( Executed on 8 day of 7!7/9.PG/Y ,2000
Federal Tax ID #: 59- 6000282
Approved F m:
City Attorney's Office
STATE OF FLORIDA
7
COUNTY OF ,Z...en AgEole..e
The foregoing instrument was acknowledged before me this day of .q.49eh/ , 2000, by Gerald Broentng, as
Mayor of City of Boynton Beach, a Florida municipal corporation, who is personally known to me or who has produced
as identification and who did (did not) take in oath.
WITNESS my hand and official seal.
No ry Public
Print Name /e11111 / / /NIi r, rrr7lllT4!/llllllllllll111
itY P
e oa Suzanne H. Kruse >
My commissiirJr S Notary Puhhr „Bi
' of Fonda
P Commission No. CC 608148 >
` 'or'AQ My Commission Exp 01/02/2001;
800-3 -NOT kity . rla Notary Servtoe & Bonding Co
„\ \\'A)))))))))))))
LESSEE:
Signed, sealed and delivered in the presence of: Nextel South Corp., a Georgia corporation
d/b /a Nextel Communications
By: •
Witness
Print Name /� ?4J `/ �J(j A (2(? /4 Print Name: John- Cefefe SRI CI%1'j) 04641
/ t
11 1 . At # a !g f/ Title: V?ee President
Witness
Print Name: exc. / /)U(, -y)
STATE OF 6 el !1
COUNTY OF G Lf r i n ( P 1+
R t GNU) or t
The foregoing instrument was acknowledged before me this 1 day of ma , 2000, by Do as Voice
President of Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications who is personally known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and offi ial s•. I.
1i!� - _�i�. v ii. r•,
Pb
• miaow AS 1111
Print Name 0111111111////////�/
DODO
My commission expires: - Q��tb5104r
JAN Z
31 :
�
2004
/ p / 1111110 4
Revised S/30/99
Market.: South Florida
Site No.: FL 25I3A
Site Name: High Point
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated OVA 2000, by and between City of Boynton Beach, a Florida municipal corporation, as
Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee.
The Land is described and /or depicted as follows (metes and bounds description).
A portion oldie parcel identified as Tax Assessor's Folio # 08- 43- 45- 33 -14- 000 - 0051/0052/0053, situated in the State of Florida,
County of Palm Beach, City of Boynton Beach and described as follows:
NEXTEL LEASE SITE LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF LOT 5, SECTION 33, TOWNSHIP 45
SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND 'BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A BRASS DISK IN CONCRETE AT THE NORTHEAST CORNER OF
SAID LOT 5; THENCE SOUTH 89 °19'58" WEST, ALONG THE NORTH LINE OF SAID
LOT 5, A DISTANCE OF 1285.15 FEET, TO THE POINT ON INTERSECTION OF THE
NORTH LINE OF SAID LOT 5 AND A NORTHERLY EXTENSION OF THE EASTERLY
RIGHT -OF -WAY LINE OF S.W. 3rd STREET; THENCE SOUTI-101 °51'57" EAST, ALONG
SAID EASTERLY RIGI•I I -OF -WAY LINE OF S.W. 3rd STREET AND ITS NORTHERLY
EXTENSION, A DISTANCE OF 297 .20 FEET; THENCE NORTH 08 °00'03" EAST,
DEPARTING SAID EAS1 ERLY RIGHT -OF -WAY LINE, A DISTANCE OF 25.10 FEET, TO
THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED NEXTEL LEASE SITE:
THENCE NORTH 88 °08'03" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH
01°51'57" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 88 °08'03" WEST, A
DISTANCE OF 15.00 FEET; THENCE NORTH 01 °51'57" WEST, A DISTANCE OF 30.00
FEET, TO THE POINT OF BEGINNING
CONTAINING 450 SQUAIZE FEET OR 0 0 103 ACRES, MORE OR LESS.
ACCESS EASEMENT LEGAL DESCRIPTION:
A STRIP OF LAND FOR ACCESS EASEMENT PURPOSES, BEING A PORTION OF LOT
5. SECTION 33, TOWNSHIP 45 SOUTI -I, RANGE 43 EAST, BOYNTON BEACH. PALM
BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 1. PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE POINT OF BEGINNING OF TI-IE ABOVE DESCRIBED NEXTEL
LEASE 511E: THENCE SOUTH 0 I '51'57" EAST, ALONG THE WEST LINE OF SAID
••NEXTEL LEASE SIDE AND ITS SOUrI -IERLY EXTENSION, A DISTANCE OF 51.33 •
FEET; TI IENCE sOUTI 188°0(1'03" WES T. A DISTANCE OF 25.10 FEET, TOA POINT
ON TI IE EASTERLY RIGI I f -OF -WAY LINE OF S.W. 3rd STREET; THENCE NORTH
01°51'57" WEST, ALONG SAID EASTERLY RIGHT - OF - WAY LINE, A DISTANCE OF
51.33 FEET; THENCE NOItTT-I 88 °08'03" EAST, DEPARTING SAID EASTERLY
RIGHT -OF -WAY LINE, /\ DISTANCE OF 25.10 FEET, TO THE POINT OF
B EGINNING.
Revised V30/99 5
Market.: South Florida
Site No.: FL 2513A
Site Name: High Point
EXHIBIT B (Paee 1 of 2)
DESCRIPTION OF PREMISES
to the Agreement dated (IWdtCM 1(° , 2000, by and between City of Boynton Beach, a Florida municipal corporation, as
Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee.'
The Premises are described and /or depicted as follows: _
i74� -.TI 1111111111()))11 � ill IN t: jj II - " s f,.,,. �
! � � { r �ii`�, l,I� i in � t i.
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a 7 Ire _...
• � , � a �. - �gl� ,, , I a
j z i
X r h I
e6 � . p .7 M�1 0 6. a F ,.' ,. L- � r a t'� ° ..
l it id tl lo U lh to co llii tx FR !g ill le d le /, I 11 �' �I
1.0 S ;
. i
•
� L
, o 0 %. ,- 17 'Ill - rr'll - 4 i t II —C + f ' —
: & iiiiiiiiii
/t N _l_ Y _ � t } r �_ � . , . ,‘.
...„,A _, t LI t
I � � h
tf k
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r
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lhz
\ T .T-_-:-.-_-_ I 1 t 1 I 1 =��� _ 4- _t - -ti—
h j
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_ — -_-_-.)-- —, `z ,i,,
r .._____ il ---___ ::=
. iT
7 ---
_ y i ii <1 : — — 1 n
i X '4 la II (1 � P h � ? S (ri l a Pi S �g flfl li S
Notes:
1) This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities.
3) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions
may vary from what is shown above.
6
Rev, ed 6130/99
•
Market.: South Florida
Site No.: FL 2513A
Site Name Nigh Point
EXHIBIT B (Page 2 of 2)
DESCRIPTION OF PREMISES
to the Agreement dated MAILCA ( 0 , 2000, by and between City of Boynton Beach, , a Florida municipal corporation, as
Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee.'
The Premises are described and /or depicted as follows:
•
1
>. - I 11 t ;011 —; • .— -- -- — 111 1 0 q co
,
r -' 0 I)) ii
l >t y� ' l
8 E th i'.i. Al I .[1,1 _ ) • _ I • 1 f . - .
.r
5 63
// ;;*r ,.
il
1 I '11 ii li 31 thi
=' 1 f :: ' g QQ ° t 1
IrS: ;. n �• •. / 114 \ .. • U. v Zii '» at 11 'F t' 'I
t
111 I ti � / \ U z i
fl! I U
— — — 11 /1
11
r <
h i ' Io n , �
c if lux
> ? s114 4 i r4j P' -1 9 is 1
j �, . ��
3 66 iii / ` �> Z x j
0 y t R R / R � li '
prr#+ x1. l• t >(i II ,1 t
I Illi1 yt ds it �,��,,,,,
c
1r5 1 U ii
Ili! ilk ''��''�' ft� ><l
• ia - .iu �la daiaiT+iZ�i Gam''. T,��� __ zs— �—�r�- •• •• 1 1 '
Pri
tab'
lit VI x1:;
" "
I
Notes.
5) This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
6) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities.
7) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
8) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions
may vary from what is shown above
7
Revised 8130/99
Market.• South Florida
Site No FL 2513A
Site Name: High Point
EXHIBIT C
PREPARED BY:
Paula Hickman, Esq
Nextel South Corp.
2201 Lucien Way, Suite 200
Maitland, FL 32751
RETURN TO:
Alan Gabriel, Esq
2455 E Sunrise Blvd , Ph -E
Ft Lauderdale, FL 33304
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this day of , 2000, by and between City of Boynton
Beach, a Florida municipal corporation, with an address at 100 E. Boynton Beach Boulevard, P.O. Box 310, FL 33425 (hereinafter referred to
as "Lessor ") and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E,
Maitland, FL 32751 (hereinafter referred to as "Lessee ").
Lessor and Lessee entered into a Communications Site Lease Agreement ( "Agreement ") on the day of 2000, for the purpose
of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the
Agreement
The term of the Agreement is for five (5) years commencing on , 2000 ( "Commencement Date "), and terminating on the
fifth anniversary of the Commencement Date with four (4) successive five (5) year options to renew.
The Land which is the subject of the Agreement is in Palm Beach County, Florida, described in Exhibit A annexed hereto. The portion of the
Land being leased to Lessee (the "Premises ") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written.
LESSOR: City of Boynton Beach
Signed, sealed and delivered in the presence of: a,Floorriidaa municipal lccorrpo�raattiion
BY � . W1L1tt ic 3. t,�+ mEC1
Witness •
Print Name: Print Name
Title: Mayor
Witness
Print Name. Executed on day of ,2000
Approved As To Form:
City Attorney's Office
STATE OF Florida
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2000, by Gerald Broening, as Mayor of City
of Boynton Beach, a Florida municipal corporation, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
8
Revised 6/30/99
•
Market : South Florida
Site No.• FL 25I3A
Site Name. High Point
LESSEE.
Signed, sealed and delivered in the presence of Nextel South Corp., a Georgia corporation
d/b /a Nextel Communications
By: _EOREAB�f U ONI "° Q]IEXEC E
Witness
Print Name. Print Name: John Cafaro
Title: Vice President
Witness
Print Name.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2000, by John Cafaro, as Vice President
of Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications who is personally known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS nay hand and official seal.
Notary Public
Print Name
My commission expires:
9
Revised 8/30/99
Market • South Florida
Site No.: FL 2513A
Site Name High Point
EXHIBIT D
THIRD PARTY LEASE
to the Agreement dated f1k)t,G4 1 0 , 2000, by and between City of Boynton Beach, a Florida municipal corporation, as
Lessor, and Nextel South Corp., a Georgia corporation, d /b /a Nextel Communications as Lessee.
Please see related third party lease agreement dated February 1,1995, attached hereto:
10
Revised 8/30/99
,
Market:South Flonda
SiteNo.:FL2513A
SiteName:High Point
•
LEAS: AGREEMENT
BETWEEN
THE CITY 2F BOYNTON BEACH
AND
BELLSOUTH MOBILITY INC
This LEASE AGREEMENT (hereinafter referred to as "Agreement ")
is made and entered into this / day of re , 1994 between the
CITY OF BOYNTON BEACH, a municipal corporation of the State of
Florida, whose address is 100 East Boynton Beach Boulevard, Boynton
Beach, Florida 33425 -0310, (hereinafter referred to as "CITY ") and
BELLSOUTIH MOBILITY INC, whose address is 5201 Congress Avenue
Boca Raton, FL 33487, (hereinafter referred to as "TENANT ").
W I T N E S S E T H:
WHEREAS, CITY is the owner of certain real property known as
the City's Little League Field, located at
in the City of Boynton Beacn in Palm Beach County, State of
Florida; and
WHEREAS, TENANT desires to lease a portion of said real
property (hereinafter called ? roperty), with a right of way for
access thereto, containing approximately 1,000 square feet more
specifically described in and as substantially shown outlined in
red on Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00), and other good and - .•aivable consideration, the receipt
and sufficiency of which are Hereby acknowledged, the parties
hereto agree as follows:
1. The foregoing recitations are true and correct and are
hereby incorporated herein by reference.
2. CITY hereby leases to TENANT that certain parcel of
Property located within CITY's Little League Ball Field at
/%1.e. /&, /r Ao�,a , containing approximately 1,000
square feet, situated in Palm Beach County, State of Florida,
together with the non - exclusive right for ingress and egress, seven
(7) days a week, twenty -four (24) hours a day, on foot or motor
vehicles, including trucks, and for the installation and
maintenance of utility wires, cables, conduits and pipes over,
under or along a twenty foot (20 foot) wide right of way extending
from the nearest public right of way which is
, to the demised premises, (including TENANT's equipment
shelter and lighting structure as referenced herein), said Property
1
1
vlarket:South Floric'a
itteNo:FL25
;deName:High Point .
- ltid right of way for access being substantially as described herein
1,1 Exhibit "A" and o5 shown enclosed within red lines en Exhibit
"A" attached hereto and made a part hereof. CITY shall cooperate
wLth TENANT in its effort Lo obtain utility services along said
right of 'gray by sic, ilia such documents or easements as may be
re xuireo by said ility companies. In the event any public
utility is unable to use Lie aforementioned right of . ;ay, the CITY
hereby agrees Lo grant an additional right of way either to the
FZi1tj`1T or to the pull_o utilit at no cost to the TENANT.
3. CITY also . :ereby crrants to TENANT the right to survey
said Property, and said survey snail then become Exhibit "8", which
:Thal l be attached hereto and made a part: hereof, and snail control
in the event of discrepancies between It and Exhibit "A". Cost for
such work shall be borne by the TENANT.
4. This Agreement shall be for an initial term of Live (5)
:ears, which shall commence upon the issuance of a certificate of
occupancy by CITY for TENANT'S improvements as herein identified,
unless otherwise terminated pursuant to Paragraph 5, below.
Consideration for the initial term and all extensions thereof shall
be provided by TENANT as follows:
a. During the initial term of this Agreement, CITY shall be
paid an ual. - ntal fee payment. 0 l imiummimmiummillit
DOLLARS ( . The initial payment shall be due and payable
Lo CITY thirty days after issuance of the Certificate of Occupancy
by the City and annually thereafter on the anniversary of the lease
year. A lease year is the twelve (12) months commencing with the
anniversary of the lease date and terminating with the last day of
the twelfth month thereafter.
b. TENANT shall have the option to extend this Agreement for
four (4) additional five (5) year terms, and such extensions shall
automatically occur unless TENANT gives CITY written notice of its
intention not to extend this Agreement at least six (6) months
prior to the end of the Lhen current term. CITY shall have the
option to cancel this Agreement after the third five year option
term by giving TENANT written notice of its intention to do so at
lease six (6) months prior Lo the end of the then current term.
c. Subject Lo the terms of paragraph 4.f. of this Agreement,
during the initial Live (5) year term. T '"7 r-ha be paid an annual
rental lee payment of DOLLARS
During each additional Live (5) year term the annual
rental Lee shall be adjusted annually to equal the purchasing power
of the previous year. The basic annual rental fee shall be
adjusted by any chance in the Index now known as "United States
Bureau of Labor Statistics, Consumer Price Index, for All Urban
Consumers," Thereinafter referred to as the "Index ". If such Index
shall be discontinued with no successor or comparable successor
index, the parties shall attempt to agree upon a substitute
1 L
1
y'arket:SoUth h
3 IteNu.:FL2513A
SiteName:High Point
•
formula, .,lt if the r1rties .re unable to agree upon a substitute
formula, ::hen the .:;jitter snail be determined by arbitration in
accordance with the rules of the American Arbitration Association
then prevailing. Such adjustment shall be accomplished by
cuultiplyin:: the aforementioned basic annual rental fee by a
fraction, the numerator of ,high shall be the most recently
published annual Index prece ±in g the Eirst day of the lease year
for ':.high adjustment is made. the denominator of which fraction
shall be the corresponding annual Index for the year preceding the
first date of the previous lease year. Said sum is in addition to
• the base rental fee and is payable upon the next annual payment
after publication of the subect Consumer Price Index and shall
cover the past due amounts and the next annual rental fee
adjustment shall be computed and payable.
d. The computation of the annual rental fee adjustment shall
never result in a reduction from the base rental fee above provided
so that the minimum rental fee hereunder shall never be less than
the aforesaid base rental fee.
e. If at the end of the fifth (5th) five (5) year term this
Agreement has not been terminated by either party by giving to the
other written iiuLice of an intention to terminate it at least six
(6) months prior Lo the end of such term, this Agreement shall
continue in force upon the same covenants, terms and conditions for
a further term of one (1) year, and for annual terms there -after
until terminated by either party by giving to the other written
notice of its intention Lo so terminate at least six (6) months
prior to the end of such ter;:;. The annual rental fee for this
period shall be equal to the annual rental fee paid for the
previous year of the fifth (5Lh) five (5) year term and increased
by five (5 %) percent.
E. Upon the issuance of a Certificate of Occupancy by CITY
for TENANT' s Communications Facility at the Ball Field, as
referenced herein, TENANT shall in lieu of making the payment of
rent for the initial five year Lem as provided in paragraph 4.c.
above, TENANT, shall pay to CITY a one time lump sum payment of
SEVENT'i -FIVE THOUSAND and NO /100 DOLLARS ($75,000.00). This lump
suns payment shall constitute the advance rental payment by TENANT
for the initial five year lease term calculated as follows:
1) For lease years 1, 2, 3, 4 & 5 of the Acrreemenc at
the existing annual rental amount of 11111 and
NO /100 DOLLARS ) for a total o and
NO /100 DOLLARS , plus applicable sa es tax.
2) wiffirmagyingaw and NO /100 DOLLARS to
CITY for CITY's use to improve the Ball Field.
g. Commencing with the first Live year extension term (lease
year 6) of Lhe Agreement, if so extended, the annual rental amount
3
?3 1
Market South Flor;da
SlteNo.:FL2513A
SiteName:High Point
- 3liall be adjusted pursuant to _he terms of paragraph a . c . of this
A9Lcement .
5. TENANT shall use :he Property for the purpose of
constructing, maintaining and operating a Communications Facility
and uses incidental thereto, consisting of a) a new unmanned
equipment building construc_ed by TENANT to shelter its
telecommunications equipment and related office space. The new
building will be attached to : :TY's existing store room /equipment
building and the new construc :ion shall substantially match the
building trim and :lie building type and exterior finish of the
existing building; b) a one hundred fifty coot (150') free standing
lighting structure designed to meet TENANT's telecommunications
needs, and; c) all necessary connecting appurtenances. A security
fence consisting of chain link construction or similar but
comparable construction, at the option of TENANT, shall be placed
around the perimeter of the : roperty (not including the access
easement). All improvements shall be at TENANT's expense. TENANT
will maintain the Property in a reasonable condition. It is
understood and agreed that TENAIIT's ability to use the Property is
contingent upon its obtaining after the execution date of this
Agreement, all of the certificates, permits and other approvals
that may be required by any federal, state or local authorities.
CITY shall cooperate with TENANT in its effort to obtain such
approvals and shall Lake no action which would adversely affect the
status of the Property with resoect to the proposed use thereof by
TENANT. CITY agrees to sign such papers as required to file
applications with the appropriate zoning authority and /or
commission for the proper zoning of the Property as required for
the use intended by the TENANT. TENANT will perform all other acts
and bear expenses associated with the rezoning procedure. CITY
agrees to make its best efforts to support the rezoning and
administrative procedures. In the event that any of such
applications should be finally rejected or any certificate, permit,
lease or approval issued to TENANT is cancelled, expires, lapses,
or is otherwise withdrawn or terminated by governmental authority
or soil boring tests or radio frequency propagation tests are found
to be unsatisfactory so that TENANT in its sole discretion will be
unable to use the Property for _ts intended purposes, TENANT shall
have the right to terminate this Agreement. Notice of the TENANT's
exercise of its right to ter -mate shall be given to CITY in
writing by certified mail, return receipt requested, and shall be
effective upon receipt of such notice by the CITY as evidenced by
the return receipt. All rental fees paid prior to said termination
date shall be retained by the =ITY. Upon such termination, this
Agreement shall become null and void and all the parties shall have
no further obligations, includ_ng the payment of money, to each
other. TENANT shall offer CITY the first option to purchase said
lighting structure, the equipment building and certain remaining
improvements at such time as TEIIANT may elect to terminate this
Agreement for the agreed upon sum of One Hundred Dollars ($100.00) .
CITY shall have sixty days from receipt of such notice of
a
'4
Market:South Florida
SiteNo.:FL2513A
SiteName:High Point •
termination in whicn Lo exec :_se this option and notify TENANT in
writing.
6. a) TENANT shall, at its expense, remove the existing
lighting structure and replace the structure with a new comparable
structure and remount CITY existing lighting equipment at
substantially the same heir ::t as said lighting equipment is
presently located. 'TENANT will allow CITY, without charge, to re-
locate on the new lighting structure its municipal lighting
equipment for ballpark, recreational purposes, at an elevation and
with such equipment and related cables satisfactory to CITY and as
approved by TENANT, .sith such approval not to be unreasonably
withheld. CITY shall provide TENANT upon execution of this
Agreement with an exact description of all lighting equipment and
height required for the installation for current and future use
anticipated by CITY. The cost of CITY's equipment, and after the
initial installation thereof, the maintenance of this equipment
shall be CITY's responsibility. Said installation and maintenance
are to be performed by CITY, or its contractors, in a workmanlike
manner and all work is to be done in a manner consistent with
TENANT'S high quality construction standard. With the exception of
general day -to -day maintenance, prior to the commencement of any
installation or maintenance :work that will impact TENANT's cables
and /or equipment, CITY shall submit detailed plans of the work to
be performed to TENANT for its approval and TENANT shall have the
option to approve CITY's contractor prior to any installation
and/or maintenance that will require access to the structure.
b) CITY grants TENANT permission to attach necessary
transmission lines, cables, antennas, fixtures, and other
associated equipment from the equipment shelter to the lighting
structure Lo make TENANT's antennas operational.
c) Construction of the replacement lighting structure shall
commence as soon as possible, with anticipated completion of the
new structure being on or about January 31, 1995, or as otherwise
mutually agreed between CITY and TENANT. Upon the completion of
the new lighting structure and reasonable prior notice to CITY,
TENANT shall dismantle its existing telecommunications facility
within sixty (60) days after the replacement structure is
operational and relocate the equipment shelter and mount its
antennas onto the replacement structure. TENANT shall be
responsible for the cost of such relocation. CITY does Hereby agree
that the existing water tank will not be removed and dismantled by
CITY until such time as TENANT :ias removed its equipment shelter
and antennas as contemplated erein and relocated same to the
replacement structure.
d) The cost of TENANT's telecommunications equipment, its
installation and maintenance thereof shall be TENANT's responsibil-
ity. Said installation and maintenance are to be performed by
TENANT, or its contractors, in a workmanlike manner and all work is
5
15
Market:South Florida
SiteNo.:FL2513A
C tpNamerfi ,h Point
Lo i
done in a .,tanner consistent w Lh TENANT's high quality
._o:uil.irscLion stanuard. Prior 1.0 .lie commencement of any
installation work TENANT shall submit detailed plans of the work to
be performed to CITY for its approval.
e) TENANT snail Lurn1sa to the unmanned equipment shelter
electric service for the operation of TENANT'S telecommunications
equipment. Said electric service shall be furnished underground to
TENANT's equipment = :ielter and TENANT shall be solely liable for
electricity expenses relating to its installation. TENANT's
electrical service s::all be separately metered and TENANT shall be
responsible for all costs associated with metering, including the
cost of installinc any meter. If TENANT should install any
emergency generators at this site, said generator shall be propane
Lueled and all equipment shall comply with Palm Beach County's
t•IellLield Protection Ordinance.
7. TENANT shall indemnify and hold CITY, its agents,
servants or employees, harmless against any claim of liability or
loss from personal injury or property damage resulting from or
arising out of the use and occupancy of the Property by the TENANT,
its agents, servants or employees, excepting, however, such claims
or damages as may be due to or caused by the acts of the CITY, or
its agents, servants or employees.
8. CITY agrees that TENANT may self- insure against any loss
or damage which could be covered by a comprehensive general public
liability insurance policy.
9. TENANT will be responsible for making any necessary
returns for and payin i 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 leased Property in
excess of the taxes due for the 1991 real estate taxes on the real
property in which the leased premises are a part and payable and
are not separately levied or assessed against TENANT's improvements
by the taxing authorities.
10. Except as provided in paragraph 5 herein, 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 Lear excepted. AL
CITY's option when Lhis Agreement is terminated and upon CITY's
advance written notice to TENANT, TENANT will leave the foundation
and security fence to become property of CITY. If such time for
removal causes TENANT to remain on the property after termination
of this Agreement, TENANT shall pay rent at the then existing
monthly rate or on the existing monthly pro -rata basis if based
upon a longer payment terns, until such Lime as the removal of
personal property and fixtures are completed.
6
r6 1
Clarke :South Florida
SiteNo.:FL2513A
SiteName:Hieh Point
11. Should the CITY, at any Lime during the term of this
Agreement, decide Lo sell ail or any pert of the Property (the
Property to include only the parcel leased hereunder) to a
purchaser other than TENANT, such sale shall be under and subject
to this Lease Agreement and TEi1ANT's rights hereunder, and any sale
by the CITY of the portion of this Property underlying the right of
gay nerein granted shall be under and subject Lo the right of tha
TENANT in and to such right of way. CITY agrees not t sell, lease
or use any other areas of the entire parcel upon which Property is
situated for placement of other communications facilities if, in
TENANT's sole judgment (which shall not be arbitrary), such
installation would interfere with the facilities in use by TENANT.
12. CITY covenants that TENANT, on paying Lire rent and
performing the covenants shall peaceably and quietly have, hold and
enjoy the Leased Property.
13. CITY covenants that CITY is seized of 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, judgments or impediments of title on the
Property.
14. IL is agreed and understood that this Agreement contains
all agreements, promises and understandings between the CITY and
TENANT and that no verbal or oral agreements, promises or
understandings shall be binding upon either the CITY or TENANT in
any dispute, controversy or proceeding at law, and any addition,
variation or modification to this Agreement shall be void and
ineffective unless made in writing signed by the parties.
15. This Lease Agreement and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the
State of Florida.
15. This lease may not be sold, subleased, assigned or
transferred at any time except to TENANT's principal, affiliates or
subsidiaries of its principal, or to any company upon which TENANT
is merged or consolidated. As to other parties, this Lease may not
(//
be sold, subleased, assi ned - - - -• without thg_serrhtttn
c. en o - - , such consent not to be unreasona ly withheld.
17. All noLices Hereunder must be in writing and shall be
deemed validly given if sent by certified mail, return receipt
requested, addressed as follows (or any other address that the
party to be notified may have designated to the sender by like
notice) :
CITY: City of Boynton Beach
c/o City Manager
100 E. Boynton Beach Boulevard
P.O Box 310
Boynton Beach, Florida 33425 -0310
7
1
Market:Sou *h FloriCa
SiteNo.:FL2513A
SiteName:High Poznt
TENANT: Uc11Couth Nobility Inc
5201 Congress Avenue
Boca Raton, FL 33487
ATTN: Manager Real Estate
18. This Agreement shall extend to and bind the heirs,
personal representatives, successors and assigns of the parties
hereto.
19. If the whole of the leased premises or such portion
thereof as will make the premises 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.
20. CITY and TENANT agree that a copy of this Agreement shall
be recorded among the Public Records of Palm Beach County, Florida,
upon execution of this Agreement. CITY and TENANT agree to take
such actions as may be necessary to permit such recording or
filing. TENANT, at TENANT's option and expense, may obtain title
insurance on the space leased herein. CITY shall cooperate with
TENANT's efforts to obtain such title insurance policy by executing
documents or, at CITY's expense, obtaining requested documentation
as required by the title insurance company. If title is found to
be defective, CITY shall use diligent effort to cure the defects in
title.
21. CITY shall hold TENANT harmless from and indemnify TENANT
against and from any damage, loss, expenses or liability resulting
from the discovery by any person of hazardous substance generated,
stored, disposed of, or transported to or over the Property, as
long as such substance was not stored, disposed of, or transported
to or over the Property by TENANT, its agents, contractors,
employees, or invitees. TENANT will be responsible for any and all
damages, losses, and expenses and will indemnify CITY against and
from any discovery by any persons of such hazardous wastes
generated, stored, or disposed of as a result of TENANT's equipment
and use of the subject Property.
22. In connection with any litigation arising out of this
Agreement, the prevailing party, whether CITY or TENANT, shall be
entitled to recover all costs incurred including attorney's fees
for services rendered in connection with any enforcement or breach
of contract, including appellate proceedings and post judgment
proceedings.
8
r8 Z
'vlarket:South Florida
Sites' o.:FL2513A
SiteName:High Potrit
23. In accordance with Florida Law, the following statement
is hereby made:
RADON GAS: Radon is a natural occurring radioactive gas
that, when it has accumulated in a building in sufficient
quantities, may present .':ealth risks to persons who are
exposed to i� over time. Levels of radon that exceed
federal and state guidelines have been found in buildings
in Florida. Additional information regarding radon and
radon testinc may be obtained from your county public
health unit.
24. This Agreement shall be executed in three (3)
counterparts, each of which shall be deemed an original, and such
counterparts shall constitute but one and the same Agreement.
IN WITNESS WIIEREOF, the parties hereto have set their hands
the day and year first written above.
CITY
Signed, sealed and delivered
in the presence of: CITY OF BOYNTON BEACH
♦ Y• Z74,..e.nz.;)r
Pri t Name 6 1(z. , 9,1.41.74 .- 7 A&i. — MAYOR v
-c_-- --iiftic; . Attest: rte,. - 4 ' Av g_ _ _ _ _
Pri - Name -It 114. i J>i/ e- 1/14f2 illy &' per '_.
APP
OVED AS TO FORM:
l ‘tk c_Ct.T ATT RIIEY
STATE OF FLORIDA .
COUNTY OF PALM BEACH .
I HEREBY CERTIFY that on this 1 . day o f attic L _ . , 199
before me personally appeared t•iayor /I r. HAA�ne�l� of
the City of Boynton Beach, to me well known to be the individual
3
s
Market:South Florida
SiteNo.:FL2513A - •
SiteName:Hieh Point
who executed the f ;regoing instrument and acknowledged before me
that he executed t.';e same for the purposes therein expressed.
at
WITNESS my hand and official seal this /° day of
, 1995-. •
.
/1: »L,
o
NO PUBLIC
Prr Name J/iN c,r /4. }BRA in,'1O
M Comm
�- .• JMIET M. PRAMiv
!
MY CCA1Ai1551011 ! CC 3
;.: . touts: AIWA WA 71.19;
_
TENANT
Signed, sealed and delivered
in the presence of:
BELLSOUTH MOBILITY INC
(14a/z4
yeO
Print Name 1, i r
4/ /I. Attest:
Prin •'ame AWAY
STATE OF FLORIDA
COUNTY OF PALM BEACH
S I HEREBY CERTIFY that on this (� day of
199 , before me personally appeared ,5 Gnay ,
of BELLSOUTH MOBILITY INC, to me well known to be the individual
who executed the foregoing instrument and acknowledged before me
that he executed the same for the purposes therein expressed.
/ ITNESS my hand and official seal this /6 day of
J /71,6frIA1 , 199A.
Novi aUB L I C ��. f •
A.AlC/ 5-\.)
Print Name
My Commission Expires:
J•lol3ry Public. 5iate of FIcrirfa at Largo
5563REV- .AGR My Commission L::p :fe Dec. 17. 1995
10-13-94 ponded thru IluckIe'acrry & Associates
(MIAMI ABBB)
10
•
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20
Market:South Florida •
Siteislo. :FL2513A- . -- . .., ' `
SiteNan e:Hieh Point '
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