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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 j \shrdata\cc\wp\memos\nancy byrne.doc II I I I 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 o ::.---- i~ Mayor Pro Tem L J com~"one~ ~ L~fi ~ Commissioner (Corpo~~\ft, 8198.1),,/. ,#'\'\ O~ BE'~ ,./~ :ca\~~~4.~~l~ s ~ .."Il. :;.00: ~ ..o~' ~ .:::0 0 .~<l ~ = CD /~ s = u. .8 ,,= ~oUWI<~ ~ ..., 1o..Q) ~. S ::::: ~ IJ -'.. A;. i::: ~ ~/ .. 0""- ~ ~".. 0 f~ ,,~ '/I/. ~'\'\.... 1'111111111\\\\\\'\ ~ 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 CZ#/~ , L Commissioner TTEST Ci Cler~'I\lII1/11 \\\\\ II//, ~'~1~!.9!(. II~ (~o~~~r~~ .:::' 0<<' "o<?' ~ -v ~ :: l\J a ~ (") ~ ~~~UniSile Ground L~5l!l: = =..... : : = % -0 \. " 920 r g ~ ...... \ ..,..- ~ ~ ......... ""'" ~ ~/1. I='L 0 P. \ 0 \....\~ 1'//11111111 \1'\\\\\\ 1- .'1,~j/ ~/ F R. 9f-/"7 iff; i I;) 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: ~~ \)..c.e... ~ ~/~~ ~- I/iJftf11, 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 i...U\.If\1 IUI'J MAP EXHIBIT If) UNISITE AT QUANTUM PARK .--11/ ClllllllllmrT\~~' ..., "f; ) - r~) f .ua1j,'l .... .1 f _ N DT I '-., \::Jff J: .~ IN -Xi rJf~, ,~,~ I :~rrE CITY J rt I .-I t:J- i" . '- : ~ tNCJAE8S- I- j~J ~~~~, f!J".~)illI.]j~\: 'ITV' ~ l2" ~'" ?:U FI f ;~t..... rr ~~ TI) '7' ~ --.. I ~ .;;' . ~' ~ ~ fJ \~~ 3 --- Ji ! 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