LEGAL APPROVAL
MEMORANDUM
TO
NANCY E. BYRNE
AGTING DIRECTOR OF DEVELOPMENT
FROM
JANET PRAI~ITO, DEPUTY CITY CLERK
DATE
NOVEMBER 3, 1999
RE
RESOLUTION #R99-145
Attached please find a copy of the above mentIOned resolutIOn whIch was approved at the
City CommIssIOn meetmg held on November 2, 1999
NfN t
C Mike Rumpf
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RESOLUTION NO R99- I L/ ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN ADDENDUM TO THE GROUND LEASE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND UNISITE, INC AND PROVIDING AN
EFFECTIVE DATE
I WHEREAS, on September 3, 1999. the City entered into a Ground Lease
iAgreement with Unisite, Inc., and
WHEREAS, this Agreement did not include a necessary access and utility
easement, which has been corrected by the attached Addendum,
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 does
hereby authorize and direct the Mayor and City Clerk to execute an Addendum to the
Ground Lease Agreement between the City of Boynton Beach and Unisite, Inc., a copy
of which Agreement is attached hereto as Exhibit "A"
NO\lember,
PASSED AND ADOPTED this .a day of OeteBeJf, 1999
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Mayor Pro Tem
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Commissioner
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RESOLUTION NO R99-/tJ7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A GROUND LEASE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND UNISITE, INC
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to execute a Ground Lease
Agreement between the City of Boynton Beach and Unisite, Inc., 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 does
hereby authorize and direct the Mayor and City Clerk to execute a Ground Lease
Agreement between the City of Boynton Beach and Unisite, Inc., a copy of which
Agreement is attached hereto as Exhibit "A"
PASSED AND ADOPTED this /7 day of August, 1999
Vi e Mayor
Ji d/>:h~-/7r~~
Mayor Pro Tem
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Commissioner
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GROUND LE..., ~;E AGREEMENT
TIus Ground Lease Agreement ("Ground Lease") IS by and between UNISITE, INC.,
a Delaware corpomtlOn, havIng a pnnclpal place of busIness at 3450 Buschwood Park Dnve,
SUite 250, Tampa, Flonda 33618 ("Lessee") andCit.y-Df Boynton Beach-, a
FJ....J1unicipal Corp. haVIng a pnncIpaJ place of busIness at
100 E. Boynton Beach Blvd. ("Lessor")
WHEREAS, Lessor IS the owner of property haVIng a street address of
not applicable-see legal descript~on located m the
'---- City of Boynton Beacn County of
P.!'l1m Rpa.c.b-_, ~OJ:irl8___' and hereafter referred to as the
"Property" The Property IS more fully described on ExhibIt "A" attached hereto and made a
part of thIS Ground Lease.
NOW, THEREFORE, m consIderatIon of the mutual covenants contamed here;n and
for good and valuable consIderation the receIpt and sufticlency of whIch IS hereby
acknowledged, the parnes hereto agree as follows.
1. Lease.
Twenty-five Hundred
Lessor agrees to lease to Lessee approxunately Q.S 0 0 ) square feet of
space, more fully described m Exhibit "B" (the "Premises"). Lessor shall mamtain the
Property so as not to mterfere WIth Lessee's use of the Premises and nghts under this Ground
Lease.
2. Use of Premises.
Lessee agrees to use the Premises for the installation, construction, operation and mamtenance
of a wrreless connnunications transmission and reception facility, mcluding, without
hnutatIon, connnunications eqwpment pole or tower structures, shelter buildings, telephone,
electric and radio cables and other transnusslon lines, fencing, and other related equipment and
facihties (collectIvely, a "Site Compound") for the use and occupancy by providers ofwrreless
connnunicatIons services ("Users"). Upon the exptration or tennination of this Gro\Uld Lease,
Lessee agrees to repair any damage to the Premises caused by Lessee, and restore the Prennses
to its condition on the Connnencement Date (as defined below), ordinary wear and tear,
damage from the elements excepted.
In connection with the Site Compound, Lessee shall have the right, at Its sole cost and
expense, to obtain electrical and telephone Serv1ce directly from the servicing utility company,
mcluding the right to install a separate transformer, meter and main breaker, where required.
Lessee or the Site Compound Users shall be responsible for the utilities consumed at its SIte
Compound at the nonnal rate charged by the serv1cing utility company Lessee and Lessor
agree that if an easement is reqwred to obtain and maintain utility services, an easement will
be granted by Lessor at an acceptable locanon agreed to by Lessor and the servicmg utihty
company
Lessee shall have the right to use whatever measures it deems reasonably appropriate to install
and secure the Site Compound on the Premises, prOVIded that it IS m comphance with all
applicable laws and regulatIons. Lessor agrees to cooperate with Lessee in making applicanon
for and obtainmg, at Lessee's expense, any local, state, federal hcenses, penmts and any other
05/18/99
approvals (the "Approvals") whIch may be reqUIred to allow Lessee use of the PremIses.
Lessee shall employ due dIlIgence to obtam Approvals m a tImely manner If, however,
Lessee IS demed or IS unable to obtam a reqUIred Approval, mcludmg a wntten cormmtment
from a User for the Site Compound pnor to Lessee obtamm2 a buildmg permIt and
commencmg conStructIOn. Lessee shall have the exclusIve nght to termmate thIS Ground
Lease wIthm ItS sole dISCretIOn, and no further lIabIlItIes under thIS Ground Lease shall remain
m force or effect, mcludmg but not lImIted to the payment of Rent (as defined below)
Lessor agrees to provIde twenty-four (24) hours, seven (7) days a week access to the PremIses
WIthout charge to Lessee, or Lessee's employees, Users, contractors, subcontractors or agents,
whIch access shall remam ummpeded throughout the Term and any Renewal Term of thIS
Ground Lease.
3. Site Testing.
Lessor acknowledges that Lessee, at Its optIon followmg full execution of this Ground Lease,
may perform engtneering surveys, structural analYSIS reports, Phase I enVIronmental
assessments, or any other testmg or reports which may be reqUIred in order for Lessee to
occupy the Prermses as described m thIS Agreement. Lessor agrees to prOVIde to Lessee, upon
request, such mformatIon as Lessor has m ItS possession or control regardmg the Prermses,
mcludmg title matenals, leaser., survey plans, enVIronmental assessments, or other reports and
copIes of permIts and approvals. Any matenally adverse test results or report will entitle
Lessee, at ItS optIon, to terminate this Ground Lease.
4. Interference.
Lessor reserves the nght to at any time dunng the lease, install or have installed other antennas
for government usage on Lessee's tower All antennas shall be placed at an elevation as to
prOVIde the most effective use and with such approval not unreasonably WIthheld; prOVIded
however, that any such placement must be pre-approved by Lessee, and any of the Lessor's
antennas or transmissions shall not interfere WIth the Lessee's operators or operations on the
tower or property Should such interference occur, Lessor shall promptly take all necessary
action, at no cost to Lessee, to ehminate the cause of said interference. Further, should Lessee
mstall an emergency generator on the Property, the Lessor may access and connect only Its
communIcations eqUIpment on Lessee's emergency generator, upon pnor approval of Lessee.
5. Term.
The mItial term of this Ground Lease shall be for a penod of five (5) years ("Term")
commencing upon the date Lessee IS m receIpt of a buildmg permit to begin construction of
the Site (the "Commencement Date"), and shall termmate on the fifth anniversary of the
Commencement Date, unless sooner termmated In accordance WIth this Ground Lease. Lessee
shall have the nght to renew the Ground Lease for four (4) succeSSIve five (5) year periods
(each a "Renewal Term"), upon the same terms and conditions in effect during the Term. This
Ground Lease shall automatically renew for each successive Renewal Term unless Lessee
prOVIdes wntten notIce to Lessor of Its intention not to renew at least thirty (30) days pnor to
the expIration of the Term or any Renewal Term.
6. Rent.
05/18/99
Lessee agrees to pay to Lessor as annual rent the sum of EIghteen Thousand Dollars ($
18,000) ("Rent") payable annually, dUrIng the Term and any Renewal Term, The first payment
of Rent shall be made wIthIn ten busIness days folloWIng the Commencement Date. Rent
payments shall be payable to Lessor at the address set forth above or at such other address as
Lessor shall notIfy Lessee In accordance wIth Paragraph 14 In addItIon, the Rent shall
Increase annually by three percent (3%) escalatIons, compounded annually
7 Taxes.
Lessee shall pay any personal property taxes, use and occupancy taxes, and Increases In real
estate taxes, (except roll-back or SImilar taxes, IncludIng Interest and penaltIes) dIrectly
attributable to Lessee's use and occupancy of the PremIses and the SIte Compound. Lessor
shall provIde eVIdence of such assessment WIthIn a tImely manner
8. Insurance; Waiver of Subrogation.
Lessee, at Its sole cost and expense shall provIde and maIntain, dunng the Term of this Ground
Lease and any Renewal Terms, commerCIal general lIabilIty insurance with combined SIngle
lImit coverage of One Million Dollars (Sl,OOO,OOO). Lessee shall name Lessor as an
additIonal Insured on Lessee's Insurance polIcy and prOVIde Lessor with an Insurance
certificate pnor to the Comrne!lc~ment Date. In addItion, Lessee shall maintaIn worker's
compensation Insurance as reqUIred by applIcable state law Upon execution of thIS
Agreement, the City of Boynton Beach shall be named as an addItIonal Insured as its interest
may appear WIth respect to the reqUIred coverage's and the operations of Lessee under this
Agreement.
9 Indemnification.
Lessor and Lessee each agree to indemnify and hold harmless the other party from and agaInst
any and all claIms, damages, costs and expenses, IncludIng reasonable attorney fees, to the
extent caused by or ariSIng out of (a) the neglIgent acts or omissions or willful nnsconduct in
the operatIons or activities on the Property by the IndemnIfying party or the employees,
agents, contractors, licensees, tenants and/or subtenants of the IndemnIfYIng party, (b) a breach
of any obligation of the Indemnifying party under this Ground Lease, or (c) environmental
condItIons, unless caused by the indemnified party or Its employees, agents, tenants (other
than the IndemnIfying party), contractors, subcontractors or representatIves, and, with respect
to Lessor's Indemnification, any such conditions which are pre-exIstmg Lessee's nght to use
and occupy a Site. Notwithstanding the foregOIng, this indemnIficatIon shall not extend to
IndIrect, specIal, Incidental or consequentIal damages, Including, WIthout linntation, loss of
profits, Income or business opportunitIes to the Indemnified party or anyone claiming through
the Indemnified party NOTHING CONTAINED HEREIN IS INTENDED NOR SHALL BE
CONSTRUED TO WANE THE LOSSEOR'S RIGHTS FROM IMMUNITIES UNDER
THE COMMON LAW OF FLORIDA STATUTES 768.28 AS AMENDED FROM TIME TO
TIME.
10. Right to Lease and Warranty of Title.
Lessor represents and warrants that: (a) Lessor has the sufficient right, tItle and Interest in the
Property to enter Into this Ground Lease and to grant Lessee Its rights hereunder; (b) Lessor
has not entered into any agreement WIth any third party which would reqUIre such party's
05/18/99
consent hereto or preclude or lImIt Lessor's performance of Its obhgatIons under thIS Ground
Lease; (c) Lessor owns the Property In fee simple and has the nght to grant access to and use
of the PremIses, and (d) so long as Lessee complIes wIth the terms and condItIOns of thIS
Ground Lease, Lessor shall provIde to Lessee qUIet and peaceful enjoyment and exclusIve
possessIon of the PremIses.
11 Assignment.
ThIS Ground Lease may not be sold, assIgned, or transferred at any tIme except to Lessee's
pnncIpal affilIates, SubsIdIanes, or its princIpal, or to any company upon which Lessee IS
merged or consolIdated. As to other parnes, thIS Ground Lease may not be sold, aSSIgned,
or transferred wIthout the wntten consent of the Lessor, such consent shall not be
unreasonably wIthheld. ThIS prOVISIon will not preclude Lessee from alloWIng other
partIes to co-locate on the Property or tower
12. Default.
No event of default (a "Default") shall be deemed to have occurred hereunder unless eIther
party, after notIce from the other party In accordance with Paragraph 14, (a) fails to pay any
monetary oblIgation when due and does not cure such failure within ten (10) days after such
notice or (b) commits a matenal breach of its non-monetary obligations under thIS Ground
Lease and fails WItlun thirty (30) days after such notice thereof to cure or commence cunng
the breach and continuously and dilIgently pursue such cure to its completIon In not more than
sixty (60) days after such notice. Upon the occurrence of a Default as set forth In the
preceding sentence, the non-defaulting party shall have the right to ternunate this Ground
Lease after ten (10) days notice to the other party In accordance with Paragraph 14, proVIded
the Default IS not cured WIthin said ten-day penod.
13. Collateral Assignment.
Lessor hereby (a) consents to the collateral assignment and granting of a security interest from
time to time in favor of a tlurd party (a "Secured Party"), whether now or hereafter eXIsting, in
and to the Site Compound and Lessee's nght, title and Interest in, to and under tlus Ground
Lease; (b) agrees to simultaneously provide the Secured Party with a copy of any notice of
default under the Ground Lease sent to Lessee and allow the Secured Party the OppOrtunIty to
remedy or cure any default as provided for in the Ground Lease; and (c) agrees to recognize
the Secured Party as Lessee under this Ground Lease upon the wntten election of the Secured
Party so long as any existing default under the Ground Lease has been cured as prOVIded
hereunder Lessor hereby further agrees to permit the Secured Party to remove from the
Property or Inspect any of the collateral in which the Secured Party has been granted a security
interest by Lessee in accordance WIth any secunty documents granted in favor of the Secured
Party, provided, however, such removal is In accordance WIth subparagraph 2(a) of tlus
Ground Lease.
14. Notices.
Unless otherwise prOVIded herein, any notIce or demand reqUIred to be given herein shall be
gtven by certified or registered mail, return receipt requested or re~iable overnight courier to
the address of Lessee and Lessor as set forth above. Lessee and Lessor may designate a change
of notIce address by gtving wntten notice to the other party
05/18/99
15. Destruction or Condemnation.
If the PremIses are damaged or destroyed by casualty or condemned such that Lessee IS unable
to operate ItS SIte Compound as contemplated m thIS Agreement, then wIthm SIXty (60) days
after such occurrence, Lessee may elect to termmate thIS Ground Lease as of the date of the
damage, destructIon or condemnation. If Lessee chooses not to termmate thIS Ground Lease,
the Rent shall be reduced or abated m proportIon to the actual reduction or abatement of use of
the PremIses so long as such reduced or abated use eXIsts.
16. Amendment.
No amendment or modIficatIon to any prOVISIon of thIS Ground Lease shall be vahd unless
made m wntmg and agreed to and signed by the party to be bound.
17 Memorandum of Ground Lease.
Lessor acknowledges and gives Lessee the right to file a Memorandum of Ground Lease m the
form attached hereto as ExhibIt "C" in the county office where the Property IS located. Should
the Property be encumbered by any mortgage or deed of trust, Lessor shall make a good faIth
effort to obtam from mortgalees or trustees eXIstIng on the Effective Date, and shall obtaIn
from subsequent mortgagees or trustees, a non-(hsturbance and attornment Ground Lease m
favor of Lessee.
18. Recognition, Consent and Nondisturbance
Any agreements between Lessee and Users for use and occupancy of the Site Compound shall
be subject and subordinate to this Ground Lease. Without IllDltmg the foregOIng, Lessor shall
not, by reason of default by Lessee under this Ground Lease, or by exercise of any remedy
agaInst Lessee by Lessor or a User, disturb the use, occupancy or quiet enjoyment of the
Premises by any such Users during the Term of, and as provided in, this Ground Lease;
prOVIded, however, that Lessor shall not be liable for any act or OIDlSSIon of Lessee.
If there IS an early termmatlon of this Ground Lease for any reason, then Lessor agrees not to
disturb the rights of any User on the Premises under an agreement with Lessee, provided that:
(i) the User IS not then in default (beyond any applicable notice and cure periods) under its
agreement with Lessee, and continues to perform all of User's obligations thereunder; (ii) at
Lessor's election, User either agrees to attorn to Lessor or enters into a direct lease with Lessor
on the same terms as those in effect in the agreement between User and Lessee; and (ili) User
executes a document evidencing the foregoing, provided or approved, and executed, by
Lessor, within thirty (30) days after Lessor presents such document for execution (or such
longer period as the parties may agree to in wntmg). Lessor shall not be liable or responsible
for any default by Lessee occurnng pnor to the date of such attornment or dIrect lease.
19. Miscellaneous Lease Provisions
a) This Ground Lease shall be governed by the laws of the state In whtch the Property is
located.
05/18/99
b) ThIs Ground Lease, constItutmg the entIre agreement and understandIng between the
partIes, shall be bIndIng on and inure to the benefit of the successors, transferees In
tItle, and permItted assIgnees of the respectIve partIes.
c) Consent or approval of Lessor, where requIred, shall not be unreasonably wIthheld,
delayed or demed.
d) If any provisIOn of thIS Ground Lease IS deemed InvalId or nonenforceable, the
remamder of thIS Ground Lease shall remaIn m force and to the fullest extent as
permItted by law
e) The "EffectIve Date" of thIS Ground Lease shall be the date on WhICh thIS Ground
Lease has been fully executed by and becomes bmding on all of the partIes hereto
f) NeIther party, wIthout the wntten consent of the other, shall disclose to any thIrd party
any of the terms or conditions of tlus Ground Lease, or any mformatIon proVIded
dunng negotIation of this Ground Lease, other than as disclosed by recording of the
Memorandum of Lease Ground Lease or as reqwred by final order of a court of
competent Jurisdiction.
g) NotwIthstanding any other provisions of this Ground Lease, Lessee may termInate this
Ground Lease at any tIme, upon gtving notice to the Lessor, if Lessee m Its sole
dIscretion detenmnes that It will be unable to use the Premises for Its Intended
purpose.
h) ExhibIts "A", "B" and "C" attached hereto, as well as addenda and nders identIfied
below, are made a material part of this Ground Lease.
Addenda.
Riders:
IN WITNESS WHEREOF, the parties have executed thIS Ground Lease as of the
Effective Date.
LESSOR.
LESSEE:
By' i,fllde"~
Nmn~ Ger'ld Broenin2
Title: Mavor
Date. ~..2.'7,/ 9j7
Tax ID No.. Sf - t, tJ 10 ,,} ~;)...
UNlSITE, INe., a Delaware corporation
By'
Name:
Title:
Date:
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Tax ID No..
05/18/99
~.xlnBIT "A"
DESCRIPTION OF PROPERTY
Formmg a part of the Ground Lease by and betweenCity of Boynton Beacl:~ as
Lessor, and UNISITE, INC., as Lessee.
The Property IS described and/or depIcted as follows.
Address. Not Applicable
SectIon
, Block , Lot
[Metes and bounds legal description]
LEGAL DESCRIPTION OF PARENT PARCEL
-Lot 92, Quantum Park at Boynton Beach, P I D , Plat No 3
as recorded in Plat Book 60, Pages 29-31 of the Public
Records of Palm Beach County, Florida, containing 15 79ac
05/18/99
EXHIBIT "B"
DESCRIPTION OF PREMISES
Fomung a part of the Ground Lease by and between City of Boynton Beachas
Lessor, and UNISlTE, INC., as Lessee.
The PremIses IS described and/or depIcted as follows:
Legal Description'
05/18/99
,..}
A PARCEL OF LAND Be\NG A PORTION OF LOT 92, Q~~.NTUM PARK AT
BOYNTON BEACH, P I 0 PLAT NO.3 AS RECORDED IN fiiUft~OK eo, PAGES
29-31 OF THE PUBLIC RECORDS OF PALM BEACH CQU~rx,\ FtORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: \ · -) ~ ~ ".1 ~ , \
COMMENCE AT THE EASTERLY MOST NORTHEAST CO~NER OF~AID LOT 92;
THENCE ON A GRID BEARING OF N71039'01" W ALONG THE NORTH LINE OF
SAID LOT 92, (SAID LINE ALSO BEING THE SOUTH LINE OF A PARCEL OF LAND
RECORDED IN OFFICIAL RECORD BOOK 5449, PAGE 321 AS SHOWN ON SAID
PLAT) A DISTANCE OF 5.01 FEET,
THENCE S181120'59"W A DISTANCE OF 5.00 FEET TO A POINT ON A LINE 5.00
FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 92;
THENCE N71039'01"W ALONG SAID PARALLEL LINE A DISTANCE OF 50.00 FEET,
THENCE S19039'28"W A DISTANCE OF 50.01 FEET,
THENCE S71039'01"e A DISTANCE OF 50.00 FEET TO A POINT ON A LINE 5.00
FEET WEST OF AND PARALLEL WITH THE EAST UNE OF SAID LOT 92, SAID
POINT BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO WEST, A
RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF
sego15'10"E; THENCE NORTHERLY A~ONG SAID PARALLEL LINE, ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A CENTRAl ANGLE OF 02010'45"
AND A RADIUS OF 1315.00 FEET FOR AN ARC DISTANCE OF 50.02 FEET TO
THE POINT OF BEGINNING;
SAID LAND SITUATE VVlTHIN THE CITY OF BOYNTON BEACH, PALM BEACH
COUNTY, FLORIDA, CONTAINING 2,500 SQUARE FEET, MORE OR LESS.
EXHIBIT "e"
MEMORANDUM OF GROUND LEASE
TIns Memorandum of Ground Lease IS entered mto by and between
~itLof Boynton Beach , aFL Municipal Corp. , wIth an office
at 100 E Boynton Beach Blvd , ("Lessor") and UNISITE,
INC., a Delaware corporation, wIth an office at 3450 Buschwood Park Dnve, SUIte 250,
Tampa, Flonda 33618 ("Lessee").
1 Lessor and Lessee entered mto a Ground Lease Agreement ("Agreement") for
the purpose of constructIng, InstallIng, operatIng and maIntaInIng a wireless communIcatIons
facilIty and related unprovements. All of the foregoIng are set forth in the Ground Lease.
2. The term of the Ground Lease commences onsee paragraph ~ and
ends ou;ee parag ~ with <~ succeSSIve five (5) year optIons to renew
3 The Property which IS the subject of the Ground Lease is described in
Exhibit "A" annexed hereto. The portion of the Property being leased to Lessee ("Premises")
is described in Exhibit "B" annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Ground
Lease as of the dates written below
LESSOR:
LESSEE:
UNISITE, INC., a Delaware corporation
I J
By. /:k ,III f.-J, r.~~
Nmne: G~ Id Broenini
Title: Mavor
Date: ~7/9-9
\
By'
Nmne:
Title:
Date:
STATE OF:;' ~
--
,
-)
)
)
rLl' I' ~-{I~ --
- COUNTY
,.
On tlns~ Jay of <,. 1999, before me appeared..!L..
to me personally known (orprovll to me on the basis of satisfactory evidence), who, I
bemg by me duly swom, did say that he is the person whose name is subscribed to the
WIthin instrument and acknowledged to me that he executed the same m lus authorized
capacity and that by his signature on the mstrument, the person, or the entIty upon
behalf of wlnch the person acted, executed the instrument.
~~: S\ate of -:.. -
05/18/99
I
My CommIssIon ExpIres.
[NOTARIAL SEAL]
STATE OF FLORIDA
)
)
HILLSBOROUGH COUNTY )
{itJ, On tins <31/i'JL day of ~ ,1999, before me appeared
I>.JT1)AUJ6[)~ to me pers9Dfl y knO~O, bemg by me duly sworn, dId
say that he IS the /)/, ~ fJ-/1}; xu..d... ' for UNIsite, Inc., a
Delaware corporation, that the foregomg mstrument was sIgned on behalf of saId
or tion by authonty of ItS Board of DIrectors; and saId
- W 0(') acknowledges saId mstrument to be the free act and
eed of saId corporatIon.
~~!1t;r
My Conumssion ExpIres.
[NOTARIAL SEAL]
~ ..... ..
*.,*My COIIW.--" CC857158
~.~ EllPRI Augu1130. 2Oll3
05/18/99
DEPARTMENT OF DEVELOPMENT
DivIsIon of PlannIng and ZonIng
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
August 2, 1999
Andy ZItman
ZItman and AssOcIates, Inc
950 N W 185th Avenue
Pembroke Pmes, FL 33029
Re
FIle No
LocatIOn.
UnlSlte at Quantum Park
COUS 98-007
OptImIst Park at Quantum Park
Dear Mr ZItman.
Enclosed IS the CIty of Boynton Beach Development Order for condItIOnal use granted on July
20, 1999
To contmue thIS project through the development process, please submIt to thIS office a rectIfied
plan (a sIte plan revIsed to mcorporate all applIcable condItIOns of approval)
Should you have any questIOns regardmg thIS matter, please feel free to contact thIS office at
(561)742-6260
Smcerely,
}'J.L. C~_
Michael W Rumpf
DIrector of Planmng & Zonmg
MWR:Jma
J \SHRDA TA'l'lanl\ing\SHARED\WP'.PROJECTS\t..nisite@ Quantum Park\Development Order Letter.doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
ucVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
~
PROJECT NAME. Unisite at Quantum Park
APPLICANTS AGENT Andy Zitman, Zitman and Associates, Inc.
APPLICANTS ADDRESS 950 N W 185th Avenue, Pembroke Pines, Florida 33029
DATE OF HEARING BEFORE CITY COMMISSION July 20,1999
TYPE OF RELIEF SOUGHT Conditional Use
LOCATION OF PROPERTY Optimist Park at Quantum Park
DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO
; fD) 1m !E is__~__
!!~l' .n' .,
.....".....
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows.
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows.
1 Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
...L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included"
4
The Applicant's application for relief is hereby
..lL GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5
This Order shall take effect immediately upon issuance by the City Clerk.
6
All further development on the property shall be made in accordance with the terms
and conditions of this order
Other ,,, On e..
7
DATED 7-~:3 -qq ~ 'In ~~
[)(: U1' City Clerk
J:ISHROA T AIPlanntnglSHAREOIWPIPROJECTSIUnisde @ Quantum PWI< ve ... doC :P i
Page 2
Umslte at Quantum Park
File No. COUS 98-007
FORESTER/ENVIRONMENT ALIST
Comments.
5 The applicant should mdlcate that there would not be any impact from X
the project construction on the adjommg "swamp" (wetland) shown on
the landscape plans. The wetland IS a requirement of the Development
of ReglOnal Impact (DR!) document.
PLANNING AND ZONING
Comments.
X
6 Provide copy of lease agreement With city
X
7 Provide color details to sheet A-I to fully describe buffer wall
appearance.
8. Include setback dimenslOns (tower and eqUIpment from property line) on
site plan. Wall in excess of 6 feet must meet setbacks for PID district, or
obtam relief through vanance process.
X
9 Place dImensIOns on plan indicating distance between tower or
equipment and nearest residentIal zomng district.
X
10 PrOVide note on plan referenCIng agreement/date establishing ingress-
egress easement.
X
11 Place landscape matenals In chart/table, include both common and
botamcal names and native counts and percentage (a minimum of 50%
native plants Will be used)
X
12. Show and describe "No Trespassing" signs to be spaced no more than 40
feet.
X
13 Show location and specifications of proposed lighting, or note on plan
that no site lighting is proposed.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
X
14 Omit # 2
ADDITIONAL CITY COMMISSION CONDITIONS
15 To be determined. NOf\e..
. .
\\CH\MA1N\SHRDA IA \PlannmgISHARED\ WP\PROJECIS\UmSlle @ Quantum Park\cond. of appr 2nd revIew. doc
MWR/nl
EXHffiIT "C"
Conditions of Aooroval
Project name UnlSlte at Quantum Park
File number COUS 98-007
Reference The plans consist of sheets identified as 2nd Review, New Site Plan. File # COUS 98-007
with a Februarv 16. 1999 Planmm!: and Zonimz Deoartment date stamo markimz
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments.
I Waste removal In connectIOn with construction process must be serviced X
by City of Boynton Beach.
UTILITIES
X
Comments. None
FIRE
2 Show fire hydrant location on plan (not to exceed 200 feet from X
structure) .
as well as water main location, and provide fire flow calculatIOns. (LOR
Ch.6. Sec. 16.
Comments.
POLICE
Comments. None X
ENGINEERING DIVISION
Comments
3 All plans submitted for speCIfic permIts shall meet the city's code X
requirements at time of application. These permits include, but are not
limited to the followmg: site lighting, paving, drainage, curbing,
landscapmg and Irngatlon. Permits requIred from other permitting
agencies. such as FDOT, PBC, SFWMD, DERM, L WOO, DEP and any
others. shall be included with your permit request.
BUILDING DIVISION
Comments.
4 Compliance With the buIlding codes will be evaluated at time of permit X
review The permit fee and other applicable fees will be determined at
time of permit review
P ARKS AND RECREATION
Comments None X
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