R01-200RESOLUTION NO. R01- ~oo
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON' i BEACH, FLORIDA,`
AUTHORIZING A2'4I) DIRECTIN~ T~ MAYOR
CITY CLERK TO EX~CUTE A LEASE AOREEMF-NT
BETWEEN THE CITY OF BOYNTON
FLORIDA AND SPRINT SPECTRUM
PERMITTING THE
MONO POLE CELL
SE^cREST BOtmEVAP, O); ~ ~ROV~mO
EFFECTIVE DATE.
WHEREAS, upon recommendation Of staff, the City Commiss
:hat it is in the best interests of the residents of the City to execute
between the City of Boynton Beach and Sprint Spectrum L. P.,
location ora 144-foot Monopole located at Hester Park (1901 Seacres
NOW, THEREFORE, BE IT RESOLVED BY THE CIT'
OF THE CITY OF BOYNTON BEACH, FLORID& THAT:
Section 1. The City Commission of the City of Boynton
hereby authorize and direct the Mayor and City Clerk to execute
between the City of Boynton Beach and Sprint Spectrum, L.P., subj
and provisions as indicated in the Agreement, including the processin
conditional use application for the proposed telecommunications t
Hester Park.
Section 2.
passage.
PASSED AND ADOPTED this
That this Resolution shall become effective
day of June, 2001.
CITY OF BOYNTON
on has determined
Lease Agreement
nd permitting the
Blvd.); and
f COMMISSION
each, Florida does
Lease Agreement
to all conditions
: and approval of a
wer at the City's
immediately upon
ACH, FLORIDA
Commissioner
~This inst~h~ent prepared by:
Karen E. Roselli
KAREN E. ROSELLI P.A,
222 Lakeview Avenue, Suite 260
~ ~",-~est Palm Beach, FL 33401
.=turn this instrument to:
~/'~r<aren E. Roselli
KAREN E. ROSELLI P.A.
222 Lakeview Avenue. Suite 260
West Palm Beach, FL 33401
Do not write above this line - this space reserved for recording purposes
April 99
Site Name: Boynton Beach (Hester Park Ball Field) PCS Site Agreement
Site Address: 1901 Sescrest Blvd., Boynton Beach, FL 33425
Memorandum of PCS Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement
~etweer THE CITY OF BOYNTON BEACH ("Owner") and Sprint Spectrum L.P., a Delaware limited
Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 1901
33425, City of Boynton Beach, County of Palm Beach State of Flodda. within the propeAy of Owner which is
hereto, with grant of easement for unrestricted rights of accessthereto and to electric and telephone fa
.~cpmmencmgon Jo.~ .~' , 2001, which term is subject to four (4) additional five (5) yeal
WITNESS WHEREOF. the parties have executed this Memorandum as of the day and year first al
"OWNER .... SSLP"
City of Boynton Beach, Florida
By:
Name:
Title:
Address:
P.O. Box 310, I~ovnton Beach, J:L 33425-0310
Witnesses as to Owner.' ~
Sprint Spectrum L.P., a Delawal
Title: Director, South East Reqion
Address: 1357 Hembree, Suite 1~00
Roswell, Georqia 30076
Attach Exhibit A - Site Description
Site ID: MI54XC083
lated dU.e,~. ~' , 2001,
artnership ('SSLP").
acrest Blvd., Boynton Beach, FL
described in Exhibit A attached
~itities for a term of five (5) years
extension periods by SSLP,
ove written
limited oartnership
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PCS SITE AGREEMENT
Site Name BOYNTON BEACH--(HESTER PARK BALL FIELD)
,~ddj'eSS: 1~01 SeaCrest Blvd., Boynton ~-==--=h, FL 3342S
~-.~.-.~emises and Use~ Owner, CITY OF BOYNTON BEACH; leases to Sprint spectrum LP., a Delaware lin
deasn~ed be~.
[Check appropEate bOX(es)] , ,
~ LandCensiSting0faPpro~dmately30 x60 squamf,eetuPonwh~chSSLPwillconstruct~s equipmentbesestafionand
5~] SPace required~o~,~ ~bte runs to cen~ PCS equipment and antennas,
in the ~on(S) (Site )Sh°w~ en EXh bit A-'I (legal descHption)~ and Exhib.it A-2 (drawi,n..gs pr .~?:1 by ARC,
~ shall be replaced in the future with final Owner approved construction or as--built dravangs), together
f~ the pu~ of
facility ~PCS"),
storage tar.ks},
April 99
Site L D. MI MXCO~3
~ed partnership ~'SSLP'), tile site
antenna structure;
~DIS~ GERAGHTY & MILLER and,
vith a no~-m(diusive easement for
in the discretion of SSLP, SOUrce of e~ and telephone fac~liti, s. The Site will be used by SSLP
modif~ng, maintainbg and operating; at its expenae~ a ~1 communications sewice system
limitation; a ~, antenna equ!pmeflt, cable va~ng, beck-.u..p ~ sou~ :(mdiu. ding generators and
! the S~te, an ante,?a st~cture. SSLP w~ll use the Site !n a menne~l which vail no~ unreasonably disturb
and Owner have
the refit due
unless
aggregate
pay 0fa building pendit,
On the date that
to ~e Ownar
be increased
of
(198284=100)
di~ued). In .o
e lass tha~ the amOUnt of the
that
., or assign Rs rights
when sent via
KS 66251-
operation oft~e
obtaining any
wear and tear and
are in subetandat
will s~betanfidily
the COmmencement Date or any
Likewise, Owner will n~
I equipment or (b)
~ install or ira. prove -,_xisting utilities
In the ~ a sub meter for water
including Signing any easement or
Termina?on: ..SS?_.r~a.y_ termin~t_e this. Agr_~nt at any time by notice .t.o Owner without further liability if {~SLP does not obtain all permits or
appr?~s {c~?c~vay, ~..prat) required from a?y ...go~. mental a~he~:y or any eessments required fromany third party to operate the POS
syn. efl?,.or..~..any such approva! ~s ca_r~.~! expires ..or is .v, ffhdraw~ ? terrn~naled, or if Owner fails to have proper bwnership of the Site or auth~ to
emor ~nm m~s Agreement, or if SSLP, m its sois discretion, dete~nmes based upon changes or ddvar~ h3 technOloev since the tim,,
~.~C~mmencerne~ Dale that the further use of the Site for its intended purpose by SSLP is impract~d, nefrmient or ~3thenvise u~n'feasibis for '~'*~t~
De. fa, ult, .If.either .party is in default under this A.qreement for a period of (a) 15 days following receipt of notk · from the non-defau~ing party with
-~=~3ec[ m a ?arault which may be cured selely by the payment of money, or (b) 30 days following receil~ of nddc .~ from the non-defaurang part~ w~h
respect to a default which may not be cured solely by the payment of money, then in either e~al the non-:de,au ing pa~'y may pursue any remedies
available to it against the defaurang par~ undeE applicable law, including, but hal limited to 'the right to te~Tninale t
=~ m..a.y, n~t ~bly bp .?amd within a ~ ~,;this Agreement may hal he terminated if the defaultingparb'~is Agreement.commenceslf actionthe nea-monetan/fo cure the
rau~ within such 30:day pe~od and proceeds w~h due diligence to fu ly cure the default.
c?m.s W of ow ip, of the S by th* ind*mn party.
,~ ~,j~n,~,y ~ mx ap...pq m .any. cia.ires ansmg from the ssis negl~ence or mtentisnal misconduct of the indemniti party. The ind~nn~ obligations
under th~s Paragraph vail sunave terminatk~ of this Agreement.
?_,~..~, ~, _ ~a., r~.~,;~o~e~ or aa~g~,ou$ n any appacame/ecleml, state or Iocal:isw or regulation SSLP wi# not introduce or use any such
suosmnc~ on me ~ite in violsson:ofany applicable l~v. - . ..~
~n~x~='-c~Ss~a~'l~W~*L~eth~Se~nsi~ -f~-~pa~ Lof '" ,p ,p ,p ,p ,p ,p ,p ,p ,pe~ pro[=en'y taxes assessed directly upon and arising solely from its use of the
. ~ ~. .* !~y~ urn, . ....a~:r~na~pay~o ~w~eranymcrease nreai property taxss altributabissolalyfo anvimprov~ .- _ ementsto the Site made
_b_y_?~:5._P. ~(ithm ~ cl..a~ .a _~_,recel~;..of.~: ~do~u.. m~nta~ ,ndisating calcuisti~l, of SSLP~ allare of such rea~ estate taxes and payment of the
,000,000
Such
he named aS an ado"r~nal insured
20.'. ~
paztiss to this
SSLP, Owner agrees prorapb~ fo
(including the Exhibits)
repmsenistions, p~emises or
s; (e) if any provision of this
persons other
alid and enfa'ceable fo the
proceeding to enforce
expenses frorn the non-
The f01iswi~ng Exhibits are attached to and made a pert :of this ~: Exhibits A-1 (Legal Description), A-2
GERAGHTY & SaLLER), and ~.(M~Um Of ~),
OWNER: CITY OF BOYNTON BEACH
Its:
S.S./Ta0( No.:
Address:__ P.O. Box 3'10. Bovnton BeaCh. FL 33425-0310
Sprint Spectrum LP.
a Delawa~e~r~rnited partnership
~B~mes W. Greene
SE$* ~-. :' ector ..........................................
,:
Attach ExhFait A - Site Desctip'don and Exhibit B - Memorandum of PCS Site Agreemen
k"awings prepared by ARCADIS,
EXHIBIT A
Site Name: Boynton Beach [Hester Park Ball field) PCS Site Agreement
Site Address: 1901 Seacrest Blvd., Boynton Beac~ FL 33425
Site Description
Site situated in the City of Boynton Beach, County of Palm Beach, State of Flodda, commonly described as follows:
Legal Description:
April 99
Site ID: MIE4XC0~3
Sketch of Site:
Owner initials ~
.... LP initials ~,f~
e: Owner ami $SLP ma,~ SSLP's option, replace this F_)~h~ ~ an exhibit setting forth the legal desorip~n of tt~
~,..~ted and/or an as-built drawing depicting the Site.
0perry on which the Site is
*[Use this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Optian Agreement and Memorandum of Option Agreement.]
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This instrument prepared by:
Karen E. Roselli
KAREN E. ROSELLI PA.
222 Lakeview Avenue, Suite 260
west Palm Beach, FL 33401
Retum this instnanent to:
-~.Karen E. Roselli
KARENE. ROSELLI P.A.
222 Lakeview Avenue, Suite 260
West Palm Beach, FL 33401
Do not write above this line - this space reserved for recording purposes
EXHIBIT B
Site Name: Boynton Beach (Hester Park Ball Field) PCS site Agreement
Site Address: t901 Seacrest Blvd., Boynton Beach, FL 3~42~
Memorandum of PCS SiteAgraement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement
between THE CITY OF BOYNTON BEACH ('Owner') and Sprint Spectrum L.P. a Delaware limited
Such Agraement provides in part that Owner leases to SSLP a certain site ("Site') located at 1901 Se;
33425, City of Boynton Beach, County of Palm Besc~ S~ate of Flora, within the property of Owner which is
hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone fa~
~ommenc~ng on ~ 2001, which term is subject to four (4) additional five (5) year
N WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first ab
"OWNER" "SSLP"
ApH199
Site ID: MIS4XC083
ted J(4n 5' ,2ool,
rtnerahip ("SSLP').
~crast Blvd., Boynton Beach, FL
Jescribed in Exhibit A attached
ilities for a term of five (5) years
.~ension periods by SSLP.
~ve written.
By:City of Boynton/~///~ By:Beach' FloridI ./~ .. Sprint~Z~_. ~. ~~' ~Spectrum L.P., a_ Delaware limited partnership
Name: ~--~..f'O~ F. '""~CO~--.t~;ftC~ Na~/-: j: JamesW. Greane
Title: __
Address: P.O. Box310. Bo'mten Beach. FL 33425-0310 Title: Director. South EastReqion
Address: 1357 Hembrae, Suite 100
Roswell, Georqia 30076
Attach Exhibit A - Site Description
Witnesses as to Owner.
Witnesses as to SSLP:
OWNER NOTARY BLOCK:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoin~g instrument was acknowl, edged before me this
of
, a Florida municipal corporation, on behalf of the municipall corporation.
(AFFIX NOTARIAL RI:Al ~, --
~'.,~.~ EXPIRES: February 24,~04
,2001,
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC--STATE OF
My commission expires:~ / ~
$SLP NOTARY BLOCK:
STATE OF i~
COUNTY OF ~
(PRINTED, TYPED OR STAMPED NAN E OF NOTARY)
COMMISSION NUMBER: ~C ~/'. ~-'~4:)
~ ~he foregoing instrument was acknowledged before me this ~ dayof //~ ~_.~ ,2001, by
Sprint spectrUmAFFiX NOTARIAL SEALL'P" a Delaware limited partnership, who executed~ ' ~the foregoing in .~u ment~all~(~.of such corporation.
( ) (NO IT21RyA Lp~BOuTA RYC--SSIGTATN~E O~FFR E)~'~ '
My---.-:
(PRiNTEDt TYPED OR STAMPED NAME OF NOTARY)