R12-059 11
1
2 RESOLUTION NO. R12 -059
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 ' CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 THE INTERIM CITY MANAGER TO EXECUTE A LEASE
7' . AGREEMENT WITH METROPCS FLORIDA, LLC., TO
8; ALLOW FOR GROUND EQUIPMENT AND CO-
9! LOCATION ON THE EXISTING
101 TELECOMMUNICATIONS TOWER AT HESTER PARK
11 , LOCATED AT 1901 NORTH SEACREST BOULEVARD;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS. the property has been leased from the City by, Sprint Spectrum since
15' June, 2001 for a telecommunications tower at 1lester Park (Resolution R01 -200). and
16 WHEREAS, the original Lease .'Agreement for the site requires that each additional
17; tenant with ground equipment have a separate lease agreement NA ith the City for their ovm
18 1 ' ground space: and
19 j WHEREAS, MetroPCS Florida is proposing to co- locate antennas at q0 feet high on
201 the 150 foot monopole tower and to co- locate ground equipment w ithin the existing fenced
21 tovA er lease area and comply NA. ith setbacks: and
22 1 I WHEREAS. collocation is encouraged to prev ent the proliferation of
23 ` telecommunications to'Aers in the City of Boynton Beach: and
7 f
24 WHEREAS, staff has revioNed the request for collocation and recommends that the
25 City consent to the request.
26 i NO%%, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 ; THE CITY OF BOYNTON BEACH, FLORIDA THAT:
28 I Section 1. The foregotnt! "Whereas" clauses are hereby ratified and confirmed as
29 i being true and correct and are hereby made a specific part of this Resolution upon adoption
Document In ' dows Internet Explorer
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1
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1 hereof.
2 Section 2. [he City Commission of the City of Boynton Beach, Florida does
3 hereby approve and authorize the Interim City Manager to execute the Lease Agreement
4„ bemeen the City of Boynton Beach and MetroPCS Florida, LLC.. to alloy for ground
equipment and co- location on the existing telecommunications tower at I lester Park located at
6' ' 1901 North Seacrest Boolev ard, Boynton Beach, a copy of said Lease agreement is attached
7! hereto as Exhibit "A"
8 Section 3. This Resolution shall take effect immediately upon passage.
9'
10' PASSED AND ADOPTED this 17 day of July, 2012.
11
12 C1 FY Oh BOYN FON B1- ACI . FLORIDA
13: ,
14' Or
15! Mayor— 3
161 ' .
17
18 • • k ' or -- Mack McCra1
19
20!
211 ; Co issi ner —
22 -
23 I i
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24 1 C • 7 01 — S ex en olz nan
25
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27 I j Commissioner — Marlene Ross
28» Af ITS F:
29,
30 0 `
31 t M. Prainito. MMC
32 Ay Clerk
34
35 1 • or.. eal)
• Q1, 2'.
37 I 5 o .AR1 51) iireements - Al trlPC 1 1 L.t,c Aotccment- IWL011001101Lmion, IloL
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SFL579 /SW3 664
GROUND SITE LEASE AGREEMENT
THIS GROUND SITE LEASE AGREEMENT ( "Agreement ") dated and is effective as of
c�,,As\ 2012, is between MetroPCS Florida, LLC, a Delaware limited liability company ( "MetroPCS"
or `` "), and City of Boynton Beach, a Florida municipality ( "Owner" or "Landlord ").
For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises. Landlord owns a parcel of land ( "Land or Property ") located in the City of
1 Boynton Beach, County of Palm Beach, State of Florida, commonly known as 1901N. Seacrest Blvd Boynton
Beach, FL 33435 (PCN: 08- 43- 45 -16 -01 -013- 0070). The Land is more particularly described in Exhibit "A"
annexed hereto. Subject to the provisions of Paragraph 2 below ( "Effective Date /Due Diligence Period "), Owner
hereby leases to MetroPCS and MetroPCS leases from Owner approximately One Hundred Seventy Six Square Feet
(176 s.f.) of space on the Land and all other access and utility easements necessary or desirable therefore
(collectively, "Premises ") as may be described generally in Exhibit "B" annexed hereto.
2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full
execution hereof ( "Effective Date "). Beginning on the Effective Date and continuing until the Term
Commencement Date as defined in Paragraph 4 below ( "Due Diligence Period "), MetroPCS shall only be permitted
to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections,
and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental
tests (collectively, "Investigations and Tests ") that MetroPCS may deem necessary or desirable to determine the
physical condition, feasibility and suitability of the Premises. In the event that MetroPCS determines, during the Due
Diligence Period, that the Premises are not appropriate for MetroPCS's intended use, or if for any other reason, or
no reason, MetroPCS decides not to commence its tenancy of the Premises, then MetroPCS shall have the right to
terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period
and prior to the Term Commencement Date. Owner and MetroPCS expressly acknowledge and agree that
MetroPCS's access to the Property during this Due Diligence Period shall be solely for the limited purpose of
performing the Investigations and Tests, and that MetroPCS shall not be considered an owner or operator of any
portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly
provided in this Paragraph 2), prior to the Term Commencement Date MetroPCS shall repair and restore the
Premises and any other City property which was damaged as a result of MetroPCS's due diligence activities and
restore same to its original condition. MetroPCS shall indemnify the City for any liability incurred due to
MetroPCS's due diligence activities.
3. Use. The Premises may be used by Tenant for any lawful activity in connection with the
provisions of wireless communications services, including without limitation, the transmission and the reception of
radio communication signals and the construction, maintenance and operation of related communications facilities.
Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all
licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the
Premises. Tenant shall comply with any and all laws, ordinances, rules and regulations.
4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of
the Tenant Facilities (as defined in Paragraph 6 below) or twelve (12) months following the Effective Date,
whichever first occurs ( "Term Commencement Date ") and shall terminate on the fifth anniversary of the Term
Commencement Date ( "Term ") unless otherwise terminated as provided herein. Tenant shall have the right to
extend the Term for four (4) successive five (5) year periods ( "Renewal Terms ") on the same terms and conditions
as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless
Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the
succeeding Renewal Term. Notwithstanding the foregoing, the Term of this Agreement shall be coterminous with
the Sprint Spectrum, L.P. Lease Agreement
5. Rent. Within thirty (30) calendar days following the Term Commencement Date and on the
first day of each month thereafter, Tenant shall pay to Landlord as rent EIGHT HUNDRED and 00 /100 Dollars
($800 00) per month ( "Rent ") Rent for any fractional month at the beginning or at the end of the Term or Renewal
Term shall be prorated. In addition, Rent shall increase annually by three percent (3 %) escalations compounded
annually on each anniversary of the Commencement Date Rent shall be payable to Landlord at PO Box 310,
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SFL579 /SW3 664
Boynton Beach, FL 33425 -0310, Attention City Manager. All of Tenant's monetary obligations set forth in this
Agreement are conditioned upon Tenant's receipt of an accurate and executed W -9 Form from Landlord.
6. Improvements.
6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and
operate on the Premises radio communications facilities, including but not limited to a tower or pole and foundation,
utility lines, transmission lines, an air conditioned equipment shelter(s) and/or an air conditioned equipment room,
electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power
generator and generator pad, and supporting equipment and structures therefore ( "Tenant Facilities "). In
connection therewith, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises
for Tenant's communications operations and to install utility lines and transmission lines connecting antennas to
transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole
cost and expense and in a good and workmanlike manner, after obtaining any and all permits, licenses or other
required approvals for construction work in the Premises. Tenant may not allow any liens to be placed on the
Premises. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant
or its lenders or assigns and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense
on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the
Premises caused by such removal. Within thirty (30) days of the expiration or earlier termination of this Agreement,
Tenant shall remove the Tenant Facilities from the Property. Tenant shall not be obligated to remove any
foundation more than one (1) foot below grade level.
6.2 Repair and Maintenance. Landlord shall have no maintenance obligation concerning the
Premises and no obligation to make any repairs or replacements, in, on or to the Premises. Tenant assumes the full
and sole responsibility for the condition, operation, repair, replacement, and maintenance of the Premises, including
all improvements, throughout the term of this Agreement Tenant will maintain the Premises and all improvements
in good repair an in a clean condition. Tenant will not commit or allow to be committed any waste on any portion of
the Premises.
6.3 Mechanic's Liens. Commencing on the Effective Date, and continuing through the Term
and any Renewal Terms, the Tenant agrees to keep the Property free of mechanics liens, materialmen's liens, and
other similar type of liens; and the Tenant agrees to indemnify, defend, and hold the Landlord harmless from and
against any and all claims and expenses related thereto, including all attorney's fees, and other costs and expenses
incurred by the Tenant on account of any such claim or hen. Within thirty (30) days of the Landlord delivering
written notice to the Tenant that a lien has been filed against the Property on account of labor or material furnished
in connection the Tenant's development of the Property, the Tenant shall either (i) discharge the lien filed against
the Property, (ii) post a bond with the clerk of court of competent jurisdiction with instructions to apply the sum
towards payment of the lien if it is upheld upon final judgment or return the bond to the Tenant if the lien is
discharged; or (iii) contest the lien and provide the basis and supporting documentation to the Landlord. The
Landlord may discharge the lien by paying the amount of the claim due or posting a bond with the clerk of court if
the Tenant fails to do so within the time required under this Agreement The Tenant shall reimburse the Landlord
the costs incurred to pay or have the lien discharged upon demand. Such amounts due from the Tenant shall be
charged as additional rent under the terms of this Agreement.
7. Access and Utilities.
7.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors
and assigns with access to the Premises twenty -four (24) hours a day, seven (7) days a week, at no charge to Tenant.
Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non- exclusive right and easement for
pedestrian and vehicular ingress and egress across the Property, and such right and easement may be described
generally in Exhibit 13.
7.2 Landlord 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. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except
for any damage caused by Tenant's use of such roadways.
7.3 Tenant shall be solely responsible for any and all utility connections and utilities.
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8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal
Communications Commission ( "FCC ") requirements including those prohibiting interference to communications
facilities of Landlord or other tenants or licensees of the Property, provided that the installation and operation of any
such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities,
Landlord will not, and will not permit its tenants or licensees to, install new equipment on or make any alterations to
the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to
cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to
eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a
material breach of this Agreement and Tenant may terminate this Agreement or seek injunctive relief against the
interfering party.
9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities as well as
all real property taxes and all other taxes, fees and assessments attributable to the Premises as a result of this
Agreement. Landlord shall provide Tenant with documentation from the taxing authority evidencing such taxes and
assessments are a direct result of this Agreement.
10. Termination.
10.1 This Lease Agreement may be terminated by Tenant, in its sole discretion, effective
immediately without further liability by delivery of written notice thereof to Landlord prior to the Commencement
Date for any reason resulting from Tenant's Due Diligence, or if a title report obtained by Tenant for Landlord's
Real Property shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of
the Premises for Tenant's intended use, or for any other or no reason. This Lease 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,
condition, or teen hereof by the other party, which default is not cured within sixty (60) days of receipt of written
notice of default; (ii) by Tenant, in its sole discretion, if it does not obtain licenses, permits or other approvals
necessary to the construction or operation of Tenant's Facilities ( "Permits "), is unable to obtain such Permits
without conditions which are not standard or typical for premises where wireless communications facilities are
located or is unable to maintain such licenses, permits or approvals despite reasonable efforts to do so; or (iii) by
Tenant, in its sole discretion, if Tenant is unable to occupy or utilize the Premises due to ruling or directive of the
FCC or other governmental or regulatory agency, including, but not limited to, a take back of frequencies; or (iv) by
Tenant, in its sole discretion, if Tenant determines that the Premises are not appropriate for its operations for
technological reasons, including, without limitation, signal strength or interference. In the event that Tenant
terminates pursuant to section (iv), Tenant shall pay Landlord a termination fee in the amount of three (3) months'
rent.
11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed,
condemned or transferred in lieu of condemnation, Tenant 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 Landlord no more
than forty -five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If Tenant 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.
12. Insurance; Subrogation; and Indemnity.
12.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of
One Million and No /100 Dollars ($1,000,000.00), and shall name the Landlord as an additional insured on such
policy or policies. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master
policy of liability insurance Tenant may maintain.
12.2 Tenant's Indemnity. Tenant hereby agrees to indemnify and hold Landlord and Landlord's
officers, directors, partners, shareholders, employees, agents, contractors or subcontractors harmless from and
against any and all losses, claims, liabilities, damages, costs and expenses (including reasonable attorney's fees and
costs) and injuries (including personal injuries or death) arising from or in connection with Tenant's use, operation,
maintenance or repair of Tenant's Facilities at the Premises or access over Landlord's Real Property or Tenant's
shared use of Landlord's easements for access to the Premises, except those resulting from the negligence or willful
misconduct of J andlord or Landlord's officers, directors, partners, shareholders, employees, agents, contractors or
subcontractors. The duties described in this Paragraph 122 shall apply as of the Effective Date of this Agreement
and survive the termination of this Agreement.
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12.3 Landlord's Indemnity. To the extent permitted by law, and subject to the limitations contained
in Section 768.28, Florida Statutes, Landlord hereby agrees to indemnify and hold Tenant and Tenant's officers,
directors, partners, shareholders, employees, agents, contractors or subcontractors harmless from and against any
and all losses, claims, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) and
injuries (including personal injuries or death) arising from or in connection with Landlord's use, operation,
maintenance or repair of improvements on Landlord's Real Property, the use of Landlord's Real Property by other
tenants or Tenants of Landlord, Landlord's shared use of easements for access to Landlord's Real Property, any
violation of governmental regulations relating to the Premises and any towers used by Tenant (including the lighting
or painting for aviation pathways), except those resulting from the negligence or willful misconduct of Tenant or
Tenant's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors. Nothing herein
shall constitute a waiver of Landlord's entitlement to sovereign immunity.
13. Assignment. Tenant may assign this Agreement only after obtaining Landlord's approval,
which approval shall not be unreasonably withheld or delayed, provided, however, that Tenant may assign or
transfer this Lease Agreement without prior approval by Landlord to any of Tenant's partners, shareholders,
members, subsidiaries, or affiliates, to any entity in which Tenant or any of its affiliates holds an ownership interest,
or to a person or entity acquiring by purchase, merger or operation of law a majority of the value of the assets of
Tenant or to any entity whose business is the ownership of telecommunication towers. Notwithstanding anything to
the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer
without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to
whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced
by loans, 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.
14. Title and Quiet Enjoyment
14.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute
this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that
Tenant is not in default hereunder after notice and expiration of all cure periods, and (iii) the Property and access
rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date.
14.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy
from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title
or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right
to terminate this Agreement immediately upon written notice to Landlord.
15. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and
warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and
warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
affecting the Property in violation of any applicable law or regulation; (ii) no notice bas been received by or on
behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable
environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any
third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
Property in violation of any applicable kw or regulation. Without limiting Paragraph 12.2 and 12.3, Tenant and
Landlord shall indemnify, defend and hold the other harmless from and against all losses, claims, liabilities,
damages, costs and expenses (specifically including, without limitation, attorneys', engineers', consultants' and
experts' fees, costs and expenses) arising from (i) any breach of any representation or warranty made in this
Paragraph 15; and/or (ii) environmental conditions or noncompliance with any applicable law or regulation that
result from operations in or about the Property by Landlord or Tenant or either party's agents, employees or
contractors. The Landlord's indemnification is subject to the limitations contained in Section 768.28, Florida
Statutes, and shall not act as a waiver of the Landlord's entitlement to sovereign immunity. The provisions of this
Paragraph 15 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement.
"Hazardous Material" means any solid, gaseous or Liquid wastes (including hazardous wastes), regulated
substances, pollutants or contaminants or teams of similar import, as such tenns are defined in any applicable
environmental law or regulation, and shall include, without limitation, any petroleum or petroleum products or by-
products, flammable explosives, radioactive materials, asbestos in any fonn, polychlorinated bipbenyls and any
other substance or material which constitutes a threat to health, safety, property or the environment or which has
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been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
applicable environmental law or regulation.
16. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory
or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the
purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and
Landlord gives Tenant the right to remove all or any portion of the same from time to time, whether before or after a
default under this Agreement, in Tenant's sole discretion and without Landlord's consent
17 Notices. All notices, requests, demands and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for
next - business -day delivery by a nationally recognized overnight carrier to the following addresses:
If to Tenant, to. With a copy to If to Landlord, to:
MetroPCS Flonda, LLC MetroPCS Florida, LLC City Manager
1000 Sawgrass Corporate Parkway 2250 Lakeside Blvd. City of Boynton Beach
Suite 400 Richardson, TX 75082 PO Box 310
Ft. Lauderdale, FL 33323 Attention: Property Manager Boynton Beach, FL 33425
Telephone: 214- 265 -2550 Phone: 561 -742 -6010
Facsimile: 866- 457 -4126 Fax: 561-742-6011
With Copy To: City Attorney
Landlord or Tenant 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 or refusal to accept delivery.
18. Miscellaneous.
18.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant
in advance in writing of the payee's name and address
18.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to
its reasonable attorney's fees, paralegal expenses, and court costs, including appeals, if any.
18.3 If any provision of the 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.
18.4 Terms and conditions of this Agreement which by their sense and context survive the
termination, cancellation or expiration of this Agreement will so survive.
18.5 This Agreement shall be governed under law of the State in which the Premises are
located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective
parties.
18.6 A Memorandum of Agreement in the form attached hereto as Exhibit "C" may be
recorded by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the
duration of any Renewal Terms, and/or other reasonable terms consistent with this Agreement.
18.7 All Exhibits referred herein are incorporated herein for all purposes.
18.8 This Agreement constitutes the entire Agreement between the parties, and supersedes all
understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no
representations or understandings of any kind not set forth herein_ Any amendments, modifications or waivers of
any of the terms and conditions of this Agreement must be in writing and executed by both parties.
19. Governing Law, Jurisdiction and Venue. The Agreement has been executed and delivered in, and
shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida.
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Tenant represents and agrees that it is familiar with all laws, ordinances and regulations The Agreement shall be
governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the
state of Florida Venue for any action arising from or related to the Agreement shall be brought in a court of
competent jurisdiction in Palm Beach County, Florida.
20. Sovereign Immunity. Landlord is a political subdivision of the State of Florida and enjoys
sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be
amended from time to time, or any successor statute thereof To the contrary, all terms and provisions contained in
the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure Landlord
of the limitation from liability provided to the State's subdivisions by state law.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above written.
LANDLORD: TENANT:
City of Boynton Beach MetroPCS Florida, LLC, a Delaware limited liability company
A Florida municip ity / ( By• �, 4 By:
Name • o LaVerriere Name: M,, 4.,,.v. C, k.,6 1 4
Title Intern City Manager Title: J t J
Date: August 9, 2012 Date 1 as 1
Tax ID.: 59- 6000282 4
APPROVED TO EGAL FORM AND
SUFFICIEN
OFFICE OF THE CIT RNEY
ATTEST
elrai.....___ — illa 1 I C;ILCILI A :tiA t°
, et Prainito, City Clerk
WITNESSES: . *` i ' WITNESSES:
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o \ 94-4. Print Name. ' 0..m — c yam a Print Name: rn---
Print Name Print Name:
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SFL579 /SW3 664
[Notary block for a Corporation]
STATE OF )
) ss
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was
authorized to execute the instrument and acknowledged it as the of
a , to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
�� .• -. °�% CA111ERINECHERRY- 808E8MM My commission expires
_ , MY COMMISSION ! EE 207630
EXPIRES: Juno 12, 2016
P4 °4 ' ar �� Bonded Thru Dud*N Notary Services
(Use this space for notary stamp /seal)
[Notary block for an individual]
STATE OF ci_r 1dk )
SS.
COUNTY OF ?(tryl
I certify that I know or have satisfactory evidence that ( ' 1 ( , U12. rr t rt is the
person who appeared before me, and said person acknowledged that he /she signed this instrument and
acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument.
Dated. 1 .I.I1II .4 131 (9 -(>I3-
OfikkijUlk-1 ( H,Luativna71,
Notary Publi
Print Name e �1i4 ' 1P(If` k X1 ' 1\( - ( u ber ma'1
My commission expires SU n (, . , Ul
(Use this space for notary stamp /seal)
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SFL579 /SW3 664
[Notary block for Tenant]
STATE OF) c l G
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that doCkk\ is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as they P/ 6 M of MetroPCS Florida, LLC, a Delaware limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated - 1 )BSI
Notary Public
Print Name Q r- y\Cl e \ Pc--ACi e ivr4
My commission expires ° mil J .f.; (1 Lt
C_, c Cf :r- M;;121ry
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(Use this space for notary stamp /seal)
H \1990 \900182 BB\AGMT \FL579 GROUND SITE LEASE AGREEMENT rev 3 16 12 doe
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EXHIBIT "A"
DESCRIPTION OF LAND
to the Agreement dated , 2012, by and between City of Boynton Beach, a Florida
municipality, as Landlord, and MetroPCS Florida LLC, a Delaware limited liability company, as Tenant.
The Land is described and/or depicted as follows (metes and bounds description):
LEGAL DESCRIPTION OF PARENT TRACT
TRACT A OF "ROLLING GREEN RIDGE 1 ADDITION" PLAT BOOK 24 PAGE 223 -226, ORB 4115 PAGE
0830, OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS.
PCN: 08- 43- 45- 16 -01- 013 -0010 23.8176 ACRES
LEGAL DESCRIPTION OF EXISTING LEASE PARCEL
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 45 SOUTH, RANGE 15 EAST, PALM BEACH
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHWEST CORNER OF SAID TRACT A, THENCE, BEARING SOUTH 13°F 2 '45' WEST, A DISTANCE
OF 116.27 FEET TO A POINT; THENCE, BEARING SOUTH 70 °0 2'08 "EAST, A DISTANCE OF 33.15 FEET
TO A POINT, THE POINT OF BEGINNING;
THENCE, BEARING SOUTH 70 °24'08" EAST, A DISTANCE OF 60.00 FEET TO A POINT;
THENCE, BEARING SOUTH 19 °35'52" WEST, A DISTANCE OF 30.00 FEET TO A POINT;
THENCE, BEARING NORTH 70 °24'08" WEST, A DISTANCE OF 60.00 FEET TO A POINT,
THENCE, BEARING NORTH 19 °35'52" EAST, A DISTANCE OF 30.00 FEET TO A POINT;
THE POINT OF BEGINNING.
THIS PARCEL CONTAINS 1,800 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
PCN: 08-43-45-16-01-013-0070
- 9-
SFL579 /SW3 664
EXHIBIT "B"
DESCRIPTION OF PREMISES
to the Agreement dated _ , 2012, by and between City of Boynton Beach, a Florida
municipality, as Landlord, and MetroPCS Florida, LLC, a Delaware limited liability company, as Tenant.
The Premises are described and/or depicted as follows
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Notes:
1. Tenant may add to this Exhibit with a survey of the Premises once Tenant receives it.
to
SFL579 /SW3 664
EXHIBIT C
COMMUNICATIONS FACILITY
to the Agreement dated , 2012, by and between City of Boynton Beach, a Florida
municipality, as Landlord, and MetroPCS Florida, LLC, a Delaware limited liability company, as Tenant
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
MetroPCS Florida, LLC
1000 Sawgrass Parkway
Suite 400
Ft. Lauderdale, FL 33323
MEMORANDUM OF AGREEMENT
PC N : 08- 43- 45- 16 -01- 013 -0070
This MEMORANDUM OF AGREEMENT is entered into on , 2012, by City of Boynton
Beach, a Florida municipality, with an address at PO Box 310, Boynton Beach, FL 33425 (hereinafter referred to as
"Owner" or "Landlord ") and MetroPCS, LLC, a Delaware limited liability company, with an address at 1000
Sawgrass Parkway, Suite 400, Ft. Lauderdale, FL 33323 (hereinafter referred to as "MetroPCS" or "Tenant ").
1 Owner and MetroPCS entered into a Communication Tower Agreement
( "Agreement ") dated as of , 2012, effective upon full execution of the parties ( "Effective Date ")
for the purpose of MetroPCS undertaking certain Investigations and Tests and, upon finding the Property
appropriate, for the purpose of installing, operating and maintaining a communications facility and other
improvements. All of the foregoing is set forth in the Agreement.
2. The term of MetroPCS's tenancy under the Agreement is for five (5) years
commencing on the date Tenant begins construction of the Tenant Facilities or twelve (12) months following the
Effective Date, whichever first occurs ( "Term Commencement Date "), and terminating on the fifth anniversary of
the Term Commencement Date with four (4) successive five (5) year options to renew.
3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The
portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises ") are set
forth in the Agreement.
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first
written above
LANDLORD: TENANT:
City if Boynton Beach MetroPCS Florida, LLC
A Florida municipality a Delaware limited liability company
By EXHIBIT ONLY — DO NOT EXECUTE By EXHIBIT ONLY — DO NOT EXECUTE
Name. Name:
Title Title
Date: Date:
SFL579 /SW3 664
[Notary block for a Corporation]
STATE OF )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was
authorized to execute the instrument and acknowledged it as the of
, a , to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
[Notary block for an individual]
STATE OF )
) ss.
COUNTY OF )
I certify that 1 know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he /she signed this instrument and
acknowledged it to be his /her free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
[Notary block for Tenant]
- 12-
SFL579 /SW3 664
STATE OF )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of MetroPCS Florida, LLC, a Delaware limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated.
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
- 13-
SFL579 /SW3 664
STATE OF )
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of MetroPCS Florida, LLC, a Delaware limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated.
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
- 13-
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
MetroPCS Florida, LLC
1000 Sawgrass Corporate Parkway
Suite 400
Ft. Lauderdale. FL 33323
SFL579
MEMORANDUM OF AGREEMENT
P C N : 08-43-45-16-01-013-0070
This MEMORANDUM OF AGREEMENT is entered into on\ l , 2012, by City of Boynton
Beach, a Florida municipality, with an address at PO Box 310, Boynton Bach, FL 33425 (hereinafter referred to as
"Owner" or "Landlord ") and MetroPCS Florida, LLC, a Delaware limited liability company, with an address at
1000 Sawgrass Corporate Parkway, Suite 400, Ft. Lauderdale, FL 33323 (hereinafter referred to as "MetroPCS" or
"Tenant ").
1. Owner and MetroPCS entered into a Communication Tower Agreement
("Agreement ") dated as of (.,} k=k, , 2012, effective upon full execution of the parties ( "Effective Date ")
for the purpose of MetroPCS u dertaking certain Investigations and Tests and, upon finding the Property
appropriate, for the purpose of installing, operating and maintaining a communications facility and other
improvements. All of the foregoing is set forth in the Agreement.
2. The term of MetroPCS's tenancy under the Agreement is for five (5) years
commencing on the date Tenant begins construction of the Tenant Facilities or twelve (12) months following the
Effective Date, whichever first occurs ( "Term Commencement Date "), and terminating on the fifth anniversary of
the Term Commencement Date with four (4) successive five (5) year options to renew.
3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The
portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises ") are set
forth in the Agreement.
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first
written above.
LANDLORD: TENANT:
City if Boynton Beach MetroPCS Florida, LLC
A Florida municipal y a Delaware limited li ility company
k�."V 1.4- By
Name. on LaVerriere Name: AA,t ci r A C LOAA,.A
Title Interim City Manager Title. U t fr M
Date August 9, 2012 Date I 195 1 a9 1q
7
APPRO ` A4 0 ' • R
i
City A orney F
[Notary block for a Corporation]
STATE OF rit r l (4 )
i h ) ss.
COUNTY OF t' U m 0 I I )
I certify that I know or have satisfactory evidence that Lb n laUer(teri-' is the person who appeared
before me, and said person acknowledged that he /she signed this instrument, 9p ( oath stated that he /sue was
authori e exec e the i str ent a d acknowledged it as th 4 fl ert i'Yl ('.j� �.l<I nd f r of
-,c) (I i to t` �'�� f n 0 1 ) / a r U fl j LI 1 y , to be the free voluntary act of such party
for the used an purposes mentioneji in the instrument.
Dated: U 1-1 US 13, I_
I -i x - .u.t mal(
Notary Publik / �
Print Name C.C11 he (I Yl l ,1 te' (ry - Gabe be ro la C
4 ,''- . .%‘:.!:,,,, CATHERINE CHERRY.6118EHM N . My commission expires , Jun la, (4G1l
* , * MY COMMISSION t EE 207630
7 " EXPIRES: June 12, 2016
%14.0, vv e l. Bonded Thu Budget Noy SNViea
(Use this space for notary stamp /seal)
[Notary block for an individual]
STATE OFci pr d,G )
��(� ss.
COUNTY OF' )
I certify that I know or have satisfactory evidence that ■Lt Q\ (K>((A is the
person who appeared before me, and said person acknowledged that he /she signed this instrument and
acknowledged ittto his/her free and voluntary act for the uses and purposes mentioned in the instrument
- /
Dated. / / ( (a
Notary Publi � � � p�,
Print Name � ` ' ∎ Kg Ur tA.1 `\ -Q r— -- d eur 1
„ My commission expires °I/1,111 9 cLrey
_ ,t, `r.E .)1z.493
(Use this space for notary stamp /seal)
[Notary block for Tenant]
STATE OF )
) ss
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of MetroPCS Florida, LLC, a Delaware limited liability
company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated
Notary Public
Print Name
My commission expires
(Use this space for notary stamp /seal)
EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated , 201 , by and between Global Signal Acquisitions 111 LLC, a
Delaware limited liability company, as Licensor, and MetroPCS Florida LLC, as Licensee a Delaware limited liability company
The Land is described and /or depicted as follows.
and otherwise known as:
LEGAL DESCRIPTION OF PARENT TRACT
TRACT A OF "ROLLING GREEN RIDGE l ADDITION" PLAT BOOK 24 PAGE 223 -226, ORB 4115 PAGE
0830, OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS
PCN: 08- 43- 45- 16 -01- 013 -0010 23.8176 ACRES
LEGAL DESCRIPTION OF EXISTING LEASE PARCEL
A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 45 SOUTH, RANGE 15 EAST, PALM BEACH
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHWEST CORNER OF SAID TRACT A, THENCE, BEARING SOUTH 13° '45' WEST, A DISTANCE
OF 116.27 FEET TO A POINT; THENCE, BEARING SOUTH 70° ' '08"EAST, A DISTANCE OF 33.15 FEET
TO A POINT, THE POINT OF BEGINNING;
THENCE, BEARING SOUTH 70 °24'08" EAST, A DISTANCE OF 60.00 FEET TO A POINT;
THENCE, BEARING SOUTH 19 °35'52" WEST, A DISTANCE OF 30.00 FEET TO A POINT;
THENCE, BEARING NORTH 70 °24'08" WEST, A DISTANCE OF 60.00 FEET TO A POINT;
THENCE, BEARING NORTH 19 °35'52" EAST, A DISTANCE OF 30.00 FEET TO A POINT;
THE POINT OF BEGINNING.
THIS PARCEL CONTAINS 1,800 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
APN 08- 43- 45- 16 -01- 013 -0070
V o,
�''
44: CITY CLERK'S OFFICE
MEMORANDUM
rO 0
TO: James Cherof
City Attorney
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 18, 2012
RE: Agreements Approved by City Commission July 17, 2012
Attached is the agreement that was approved by the City Commission at their regular meeting
held on July 17, 2012. Please review, sign and return to me for further processing. Thank you.
RESOLUTION NO. OF DESCRIPTION
# DOCUMENTS
R12 - 059 1 Ground Lease Agreement with MetroPCS to
allow for ground equipment and co- location on
the existing Telecommunications tower at Hester
Park
R12 - 060 1 Broker Agreement for the Renewal of the current
insurance programs
R12 - 061 1 Agreement with Health Career Institute, Inc. (HCI)
for a cooperative relationship to use Boynton Beach
as a clinical training site.
R12 - 062 1 Purchase Agreement for the purchase of property
owned by Andrew Luchey and Gail Luchey.
R12 - 064 1 Accepting the Edward Byrne Memorial Justice
Assistance Grant Program (JAG) for the holiday
deployment operation and purchase of tasers.
Attachments
S. \CC \WP \AFTER COMMISSION \City Attorney Transmittals \Year 2012 \07- 17- 12.doc