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CORRESPONDENCE CORRESPONDENCE FROM: aD "',~~ M R u\"^ ~(2-) pL~jv'\V\~ \Glu\'1q m--~-;:---- . ,., I ; S. J f( f' , "r:' -! Iv _~'r: I ; ~ 'i I ~ ---~--~- __... I I ~ I II . Liw; ocr / ,.1 L !~ PU.'J'\'iW; :-'0 ~ Zn ., ~. \,1 r; DEn' TO. DA TE: RE: f\; dd ~~ clu. '^" t-rJ C:\ ~ ~ 1 ~ L -~,~.t--e V1- C'i/y-\? (). -J-" J ~~-,-_../'-- Q Please review attached and see me to discuss. Q Please review attached and handle it. Keep me updated. See me if there are problems. Q Please review and file. Q Please return this call for me. Q Calendar this meeting/hearing. "f... Other' p~ O-LW' p~c>~ c..k\.. C4.-t...Si.fl.cn) \ 0~vw't0vc\ t\; ~ t0A C",\ (2. ~ 2_12- J C--\~ ~ 1 of. U \Iv\ ~; ~ ~\ J L~~ ~ VVl ?L yZ ~~) <''---. c\ \ ~ c..~t,..-<:) L,,-../.J:t\ '\ ~ pveJp"'-'v Q. tt:z ct~_iI\. ~ ~t~- )'CYM ~'-~ \...-~ cQ pv P"~ u- \..\Z, -yc \~ '[ C';:~~n v-' k--,~ -e-~ q ?~~. ~.. y.:>1..'vY-~~- ~\-y't--'\ "-y -)<P c..r;;..." v;' J ~~" <. JL '1>'\.. 1=: U-A--- .:--ffi \..J- ~) L-c:~_ Cp Priority. / XHiQh Q Medium Q Low Deadline DEPARTMENT OF DEVELOPMENT DIvision of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment VIA FACSIMILE 954-450-8256 June 7, 1999 Andy ZItman ZItman & AssOcIates, Inc 950 NW 185 Avenue Pembroke Pmes, FL 33029 Re UmsIte @ Quantum Park CondItional Use Approval (commumcatIOn tower) Dear Mr ZItman. In response to your request to re-ImtIate reVIew of the above-referenced project, please be mformed that thIS project IS tentatIvely scheduled to be reVIewed by the Plannmg and Development Board on July 13, 1999 and the CIty CommISSIon on July 20, 1999 Based on tills date, an advertIsement must be processed by June 22, 1999, mcluding the preparatIOn of the dIrect mailIng. Please provIde tills office wIth a current lIst and labels for those owners of property wIthm 400 feet of the subject project. Also mclude a fee of $207.90 for the newspaper advertIsement. To meet our advertIsement deadlmes, please provide us these items by June 16, 1999 Please contact thIS office If you need further asSIstance. Smcerely, ~~~2- Michael W Rumpf Plannmg and Zomng DIrector MWR.dIm J:\SHRDA TAIPLA!>'NlNG\SHAREDlWPIPROJECTS\UNISITE@ QUANTUM PARKIREADVERTlSE REQUEST.DOC 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 06 22 99 12 45 FAX P5t4508256 ZITMAN & ASSOC ~Ol ZITMAN & ASSOCIATES, INC. l.Al\'D USE CONSULTANTS 950 }ltIj'"W 185 A"eDue Pembroke fiDes. Florida 330%9 Pbode (9St) 4!G-9311 - I'u (9S4) 0150-3256 E-mail : .... __Dd May 25, 1999 Mr Michael Rumpf, Senior Planner Planning IUld Zoning Division CITY OF BOYNTON BEACH 100 E, Boynton Beach Blvd. Boynton Beach. Florida 33416 Via Fax @ 1-561-375-6259 RE Unisite at Quantum Parle, Boynton Beach File Number COUS 98-001 Dear Mr Rumpf; TIWlk you for sched'.lling the item on the next available Planning Board and City Commission.. One of the Conditions of Approval is still umesolved, winch pertalns to the request from the Fire Department to place a fire bydrant adjacent to t.lJe subject property Smce there is no existing water main witlun the parent tract and the nearest existing water main 15 at Quantum Blvd. or Miner Road,. the apptlcant 15 obligated to construct approxunately 1,000 feet of water maul to serve only one fire hydrant. There is no combustible material nor an enclosed structure associated with the monopole and future plans of the park illustrate several tire hydrants to be located throughout. 1 know that the reqwrement of the Fire Department is per LDR Chapter 6, Section 16 wluch does not reterence commumcatiol! towers. Commurucation towers are not to be construed with "habitable" structures which require safety measures. J would like to ascertain the tdea., and herewith respectfully request your opinIon, as to present the matter before the Board and asking the Board to grant t.lte applicant a waiver from this particular requirement of 1I1Stalling a Fire Hydrant at the :iubJect property ~ Andy ZitDWJ President -~-,..---- -._---, r'-:\ ~" C ,n I 10 I ~-~Q_ I.~,_ I ~ ~ n lJ , iU >>4 2 21999 ;~-~, 06 22 ~9 12 ~5 FAX 9544508256 /' ZITMA~ & ASSOC EXHIBIT "e" CondhiD41 qf ADmD'\I&l IiJ02 DEPAlln.mNTS PUBUC WOJU(S . Co....-.: 1 Wur.nmoval ill CODAOCtioo with e.oastruGbon proc:est m\lSt be Ilel'Viced by City ofBoylWa BcIoh. U1U.lTIES CollUllfl1t1: NOM lNCL'ODB JWECT 2. SbItw fire hydruat IccatioIl OIl pIP (not to IXClNd 200 feet from 1tnICtuIe) u _U as W&1Ir main JocatioD. ami ~vide fin flow l!Alan~uioas. LOR. CIa. 6. Sec. 16. POUCB C"'-^III......: Nou ENGlNElUNO l)MSJON CotDmatl: 3. All pJau nbalilred for apccift; pomaits IhaU CDcet the ci\)"s code requirWDaa II ci.... of IppIiWiOD. These pennitl inolildo., but .... not . Umbel to dac folJowi4C: .i. liabulWe pavinr. drainage, ~urbjn.. laDdIJCIpiq lad llription. Perm... required from oth<< permiuioa i aa-ci... sua u PIlOT, PBe. SFWMD, DERM, LWDD, 05P and In)' I c6en. Iball be iacludecl with your permit uest BtJILDlNG.DMSfON CoauaeD1:I: 4. Camp~ with \bo bWldi1l8 lfOCIe8 will be evaluated I' time ot ponnit revMM. 1be permit fee and o6Mr applicable fOIl will be dotenuined at time af pcrmk lWicrw PARKS AND RECUA'l'ION Comments: Noac 1 m rn~ruDwrn @ FEB I 8 _ PLANNING AND ZONING DEPT. Zitman & Associates, Inc. Land Use Consultants 950 NW 185 Avenue Pembroke Pines, Florida 33029 Phone (954) 450-9311 Fax (954) 450-8256 E-Mail zitman@gate.net facsimile transmittal To' ANDREA LEE Fax: 1-813-915-3650 From: Andy Zitman Date' February 17, 1999 Re: Lease - Quantum Park Pages. 16 cc o Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle Notes: I have finally recetved a marked up copy of an exIStmg lease wrth the City of Boynton Beach winch herewrth attached hereto ( a copy will be forwarded OVernIght to you as well) I have spoken to John Wlldner who has been given the package to negotiate the lease proposal and wartmg to recetve from lnm tins afternoon a letter statIng that the proposal dated December 3, 1998 IS not acceptable and that a counter offer will be attached thereto. In additIOn, the TRC meeting that was scheduled yesterday at the City of Boynton Beach, went well With the exceptIon that the Frre Department wants a fire hydrant near the Site. The nearest fire hydrant IS located Just south of Miner Road. Code states that a fire hydrant needs to be placed WIthm 200 feet of a structure. Thts means that there are three ways to go about It: 1 Meet With the Fire Marshall agaIn to see If we can come to a compronuse. 2. Seek the approval of the property owner to the north allowmg an exteIlSlon of the water line through therr property and placmg a fire hydrant JUst north of our leased SIte. (most cost effectIve) 3 Place a water line from Quantum Park Blvd. all the way to the leased area and mstall a fire hydrant Just south of the lease area. I argued the filet that placmg a fire hydrant near our leased area IS throwmg away money SInce the SIte plan for the optmnst park IS not cast m stone and therefore no locatlon has been pmpomted as to the exact locatIons of fire hydrants wrtlnn the park Itself I also argued the filet that there are no structures WIthm the compound. Please call me to discuss tlns ill detail as to what Umsrte's poSltIon IS gOIng to be! CITY OF BOYNTON BEACH OFFICE OF THE CITY ATTORNEY 100 EAST BOYNTON BEAClI OOULCVARD P.O. BOX 310 BOYNTON BEACH 33425-0310 Phone (561) 742--6050 Fax (561) 742-6054 fACSIMILE TRANSMISSION COVER SHEET TO: Andrew Zitman FAX NUMBER: (954) 450-8256 FROM: Nicholas I. Igwe, Assistant City Attorney RE: Unisite's proposal for a Communication Tower Agreement DATE: February 17, 1999 This facsimile transmission contains 15..,ggge(s), including the cover sheet. The information contained in this facsimile message and the pages following are attorney privileged and confidential information intended only for the use of the individuo:ll or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication Is strictly prohibited If you have received this communication in error, please immediately notify us by telephone and return the original message to uS at the C1bove address via the U.S. Postal service. Thank you. If C1ny problems occur in receiving this message, please call this office at (561) 74Ni050. ----------------------------------------------------------------------- FROM CITY ATTORNEY'S OFFICE FAX NO. +561 742 6054 Feb 17 1999 09 15AM P2 The City of Boynton Beach 100 E. Boynton Beach Boulevard PO. Box 310 Boynton Beach, Florida 33425-0310 Offwe of the City Attorney (561) 742-6050 FAX. (561 I 742-6054 February 17, 1999 Andrew Zitman Zibnan & Associatest Inc. 950 NW 185 Avenue Pembroke Pines, Florida 33029 Fax (954) 450-8256 Re. Unisite's proposal for a Communication Tower Agreement Dear Mr Zitman' I have reviewed Unisite's proposal for Ground Lease Agreement at the City's Quantum Park. After reviewing your proposal and other Ground Lease Agreements in the City, I am faxing to you a copy of our standard Lease Agreement (model agreement) with Inapplicable portions deleted to guide you in coming up with a contract that IS acceptable to the City Additionally, we request that you pay special attention to the following 1 The interference section, paragraph 4 of your proposal should be rewritten to comply with section 2 05 of the model agreement. 2. Although the initial term of the contract, section 5 of your proposal is awfully long and open for negotiations between your client and the City Manager's office, we request that both parties should equally enjoy the right of renewal and termination of the contract, not just your client alone. Please rewrite section 14 of your proposal as well to address this concern. 3. Section 8, Insurance and Waiver of Subrogation section of your proposal must conform to section 9 of the model agreement. 4 Section 9, the Indemnification section of your proposal must also conform with the entire section 8 of Our model agreement. ~ An Equal OpportunitYI Affirmative Action! ADA Employer" --------------------------------------- FROM CITY ATTORNEY'S OFFICE FAX NO. +561 742 6054 Feb 17 1999 09 15AM P3 5. Both sections 111 Assignment and 13, Collateral Assignment of your proposal must also conform with section 10 of our model agreement. Please incorporate the requested changes and send the final proposal to me as soon as possible to me for further review Please let me knowl If you desire additional information Sincerely, ,... () " tJ.A~ Nicholas 1. Igwe Assistant City Attorney Enct. NIl/ad S:cajagmts/leases/Unisite's Lease Agmt - Quantum Park Letter FROM CITY ATTORNEY'S OFFICE FAX NO. +561 742 6054 Feb. 17 1999 09 16AM P4 LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS LEASE AGREe day of T (the" Agreemenr), made and entered into this the y and between. OF BOYNTON BEACH J FLORIDA a munIcipal corporation (Hereinafter referred to as "CITY") AND A Delaware Limited artnership (Hereinafter referred to as "TENANT") ; WHEREAS, TENANT desires to lease a portion of said real property to eonstrud, operate, and maintain telecommunications tower and support equipment; and WHEREAS, CITY staff has reviewed the request of TENANT and recommends that TENANT lease a portion of said real property; and WHEREAS, the City Commission concurs with the recommendation of staff and deems it in the best interest of the City of Boynton Beach to lease a portion of said real property to TENANT, and WHEREAS, CITY and TENANT have negotiated an understanding for the leasing of a portion of said real property; and WHEREAS, CITY and TENANT desire to reduce their understanding to writing; now therefore, \ FRO~ CITY ATTORNEY'S OFFICE FAX NO. +561 742 6054 Feb. 17 1999 09 16RM P5 IN CONSIDERATION OF _in hand paid by TENANT to CITY, as well as the mutual cove~Changed, the parties agree as follows. ~ ~ction 1. REAL PROPERTY TO BE lEASeD 1 01 CITY shaJllease to TENANT that certain parcel of real property, situated in Boynton Beach. Palm Beach County, Florida, together with a nonexclusive easement for ingress and egress, seven (7) days a week, twenty.four (24) hours a day, on foot or motor vehicles, incJuding trucks, and for installation and maintenance of utility wires, cables, conduits and pipes over, under or along twenty (20') foot wide easement extending from nearest public right-of-way (more particularly described in Exhibit A), which is Lawrence Road, to the leased property and right-of-way for access are her . to as the "Pro rty" The said Property ;s located at , in the City of Boynton Beach. Section 2. DUTIeS AND RESPONSIBILITIES OF TENANT 2.01 TENANT shaff use the Property for the purpose of constructing, maintaining and operating a telecommunications tower and uses incidental thereto, consisting of a structure or structures, as necessary now or in the future, to house its telecommunications equipment, freestanding antenna support structure (pole), not to exceed 150' (one hundred fifty feet) to meet TENANT's telecommunications need$ and all necessary connecting appurtenances TENANT upon the approval of CITY may modify its antenna support structure and building(s); said approval shall not be unreasonably withheld by CITY 2.02 TENANT shall place around the perimeter of the Property a security fence of chain-link construction, or similar but comparable construction, which meets the requirements of the Code of the City of Boynton Beach 2.03 TENANT shall be responsibfe for soil borings and similar tests whIch may be required as a condition of construction and for all expenses related to its improvements which may thereafter be constructed upon Property 2.04 TENANT shall maintain the Property In a reasonable condition and meet all requirements imposed by ordinances of the City of Boynton Beach and Palm Beach County, Florida. 2.05 The CITY also reserves the right to at any time during the lease, install or have installed other antennas for government usage on TENANTs 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, the CITY'S or other antennas shall not interfere with TENANT'S operations on the Property Should TENANT install an emergency generator on the Property, the CITY may access and connect only its 7) FROM CITY ATTORNEY'S OFF I CE FAX NO +561 742 6054 Feb. 17 1999 09 17AM P6 communications equipment to TENANT'S emerg~nc'y.:generator 'l'tI 2.06 TENANT shall furnish, to its unmanned equipment structure. electric or telephone service for the operation of TENANT's telecommunications equipment. TENANT shall be solely liable for electricity expenses relating to its installation and equipment. TENANT's electrical service shall be separately metered. and TENANT shall be responsible for all costs associated with metering, including the cost of installing any meter If TENANT should install any emergency generators at this Property, said generater shall comply with Palm Beach County's WeJlfield Protedion Ordinance. 2.07 TENANT shall submit aU required applications for permits to the applicable CITY andlor County departments for review and approval and required fees. ...... ... ; 2.08 TENANT will be responsible for making any necessary returns for and paying any and all property taxes separately levied or assessed against its improvements on the Property TENANT shall reimburse CITY, as additional rent, its proportionate share of any increase in real estate taxes levied against the Property in excess of the taxes due for the 1996 real estate taxes on the real property in which the Property is a part and against TENANT's improvements by the taxing authorities. 2.09 TENANT, upon termination of this Agreement, shall, within a reasonable period, remove its personal property and fixtures and restore the property to its original condition, reasonable wear and tear excepted. At CITY's option, when this Agreement is terminated and upon CITY's advance written notice to TENANT, TENANT will leave the foundation, the tower structure and security fence, to become property of CITY TENANT shall pay rent at the then existing monthly rate or on the eXisting monthly pro rata basis, if based upon a longer payment term, until such time as the removal of personal property and fIXtures are completed. 2.10 TENANT shall keep the Property free from any liens ariSing out of any work performed, materials furnished, or obligations incurred by or for TENANT TENANT shall. within twenty (20) days following the imposition of any such lien, cause the same to be released of record by payment or posting of a proper bond. No work which C ITV permits TENANT to perform on the Property shall be deemed to be for the use and benefit of CITY so that no mechanics or other lien shall be allowed against the estate of CITY by reason of its consent to such work. CITY shall have the right to post notices that it is not responsible for payment for any such work. 2.11 CITY hereby grants TENANT as a primSJY inducement to the TENANT's entering into this Agreement, the first priority right to install its antennas and operate its telecommunications tower at the Property From time to time CITY may grant to itself and to other entities the right to operate telecommunications facilities at the Property and/or the right to install antennas in connection with the operation of such facilities or other communications facilities; provided, however that CITY shall not allow the ~ FROM CITY ATTORNEY'S OFFICE FAX NO +561 742 6054 Feb 17 1999 09 18AM P7 operation of suCh facilities and antennas by other tenants to interfere with the operation of TENANT's antennas and equipment as it exists at the time of such other tenant's installation or as it may be modified at any time during the term of this Agreement, as the same may be extended. If any such interference occurs, CITY agrees to eliminate, if the additional equipment is operated by the City, or cause the elimination of, if such equipment is operated by a third party, such interference with TENANT's operations within a reasonable time after receipt of TENANT's notice of such interference and, if necessary, to cause the interfering party to cease its operations. If such interference continues for more than thirty (30) days after TENANT's notice to CITY with respect to such interference, then TENANT shall have the right, in addition to its right to pursue any or all remedies available to it at law or in equity, to immediately terminate this Agreement by giving written notice to CllY of such termination. The CITY hereby also agrees that the TENANT has nO obligation or requirements to upgrade or modify the Tower to facilitate the use of the Tower for other entities whicb the CITY may authorize Any or all costs associated therewith, shall be borne by parties other than the TENANT 2.12 CITY hereby agrees that, if because of TENANT's operations on the Property any Jaws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant govemmental agency or body require or recommend that TENANT's antennas and/or the Tower be lit and/or marked, TENANT may install and maintain such lighting and markings. In no event, however. shall TENANT be responsible for the installation or maintenance of any fighting or markings required by the operations of CITY or any other tenant in the Tower CITY will permit TENANT access to all portions of the Tower that TENANT may need in order to check and replace such required or recommended lighting or marking. Section 3. DUTIES AND RESPONSIBILITIES OF CllY 3.01 CITY shall cooperate with TENANT in its effort to obtain certificates, permits and other approvals that may be required by any federal, state or County authorities. 3.02 CITY shall grant TENANT the right to survey said property in order to meet requirements to submit the applications for permits. / 3 03 CITY shall cooperate with TENANT in its effort to obtain utility services along said right..of-way. including signing such documents of easements as may be required by any publiC utility is unable to use the aforementioned right-of-way. the CITY hereby agrees to grant an additional right-of..way, either to the TENANT or to publiC utility, at no cost to the T~NANT laction 4. ACKNOWLEDGMENT 401 CITY and TENANT aCknowledge that TENANT'S ability to use the Lk FROM CITY ATTORNEY'S OFFICE / FAX NO +561 742 6054 Feb 17 1999 09 19AM PB Property is contingent upon TENANT obtaining, after the execution of this Agreement, all the certificates, permits and other approvals that are required by any federa', state and/or local authorities. In the event that any certificate, permit or approval issued to TENANT is canceled, expires, lapses or .s otherwise withdrawn or terminated by a governmental authority I so that TENANT IS unable to use said real property for its intended purpose, TENANT shall have the right to terminate this Agreement pursuant to Section 7 01 4 02 Prior to the submittal of the application for the required building permit. TENANT shall have the right to perform or caused to be performed and shall have competed an assessment of the Property and the adjacent areas in order to determine whether such are contaminated by hazardous substances or pollutants. If the assessment reveals the presence of hazardous substances or pOllutants beyond levels acceptable to TENANT and under applicable environmentall~w5. TENANT shall have the right to terminate this Agreement pursuant to Section 7 01 403 CITY covenants that CITY has good and sufficient title and interest to the property and has full authority to enter into and execute this Agreement. CITY further covenants that there are no other liens, judgements or impediments of title on the Property Section 6. TERM OF AGREEMENT / 5.01 See Attached Addendum.. Paragraph 2 - Rent T sMa' have the option to extend this Agreement - Such extensions shall automatically o~ gives written no I 0 the other party of Its intention not to extend this Agreement at least six (6) months prior to the end of the current term. _/ 5 03 If, at the end of the final year extension term, this Agreement has not been terminated by TENANT giving to the other party written notice of its intention to terminate at least six (6) months prior to the end of the term, this Agreement shall remain in force and effect upon the same covenants, terms and conditions. The Agreement shall be for annual terms thereafter unless terminated by either party by giving the other party written notice of its intention to terminate at least six (6) months prior to the end of the tenn. Section 6. CONSIDERATION 6.01 See attached addendum, paragraph 2 - Rent 6.01 (a) Services Provided to the City 5 ./ ddition to the rent outlined above, the TENANT shall Qrovide the CllY With services, or a one time cash payment ~r a eomb;n~tion of oth cas services, In kind se~ clearly dehneated d agreed upon by the 6.02 After the initial term, each Annual Rent payment shall be submitted to the no later than thirty (30) calendar days after the anniversary date of the Certificate Occupancy Annual Rent payments shall incur a late payment fee of 1 5% per month 8% per annum), calculated from the Certificate of Occupancy anniversary datel for any payment submitted to the CJlY Jater than the date due. I 6.03 See attached Addendum, Paragraph 3 - CPI 6.04 This is a net-net.net lease and TENANT shall pay all sales taxes, real estate taxes asaessed against TENANT'S property, utility charges, cost of maintenance, and all other charges and expenses associated with the tenant's use of the demised premises of this Lease. I~ction 7. TERMINATION / 7 01 The TENANT may terminate this Agreement by providing a ten (10) calendar day written notice prior to the effective termination date. / ... "' 7 03 ShouJd TENANT default under any of the terms of this Agreement, C fTV may terminate thi$ Agreement for cause by providing a sixty (60) day written notice to TENANT, however, TENANT shall be given the opportunity to correct any default within thirty (30) calendar days of receipt of written notice. This Agreement shall not be terminated if such default is of a nature that it cannot be cured in thirty (30) calendar days and TENANT IS diligently proceeding to cure such defect. 7 04 In the event of termination of this Agreement by TENANT, all rental fees paid prior to said termination date shall be retained by the CITY 7 05 Upon termination, TENANT shall offer CITY first option to purchase said antenna structure and certain remaining improvements for the agreed upon sum of One Hundred ($100.00) Dollars. CITY shall have ninety (90) calendar days from the effective date of termination in which to exercise this option. Section 8. INDEMNIFICA nON 8.01 General Indemnification. TENANT agrees to indemnify, save and hold 6 ------------------ r r".UI I '-'I 1L- _ -'I I _'L- ~ ,tan;nte...a defend CITY, its C.ity Commission .m~~~er~l o~cersl agents a~d emp'oy~m any an.d all cJalms,:.d~wages, lIablhij~ lo~uses of ad' on of any nature whatsoever, whiCh may arise 'otAf, in connection with or because of the use and occupancy of the property by TENANT or its officers, agents, employees or independent contractors under this Agreement or the breach of this Agreement by TENANT Pursuant to its liability, TENANT shall pay all claims, losses, liens or settlements or judgments, of any nature whatsoever, in connection therewith including, , but not limited to, paralegal fees, attorney's fees and costs to defend all claims or suits, including attorney"s fees on appeal, in the name of CITY when applicable, and shall pay all cost and judgments which may issue thereon at beth the trial and appellate levels. Such indemnification shall not be limited to the amount of comprehensive general liability insurance which TENANT is required to obtain under this Agreement. This indemnity shall not apply to any claims arising from an act of gross negligence or intentional misconduct of the indemnified party 8.02 Nothing contained herein is intended nor shall be construed to waive CITY'S rights from immunities under the common law or Florida Statutes, 788.28, as amended from time to time. Section 9. INSURANCE ,. , 9.01 TENANT maintains a risk management program which provides for comprehensive gen~ liability, property insurance and workerst compensation. Verification of said p ram has been submitted to the CITY'S Risk Management . Coordinator The CITY shall receive a thirty (30) calendar day written notice in e~nt of any change in the current program having an effect upon the breadth of coverag/ with respect to limitations and any variance with respect to limits of liability, if less than those indicated in the program submitted to the CITY'S Risk Manager 9 02 UPON EXECUTION OF THIS AGREEMENT BY TENANT, THE CITY OF BOYNTON BEACH SHALL BE NAMED AS AN ADDITIONAL INSURED AS ITS INTEREST MAY APPEAR WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF TENANT UNDER THE AGREEMENT Section 10. ASSIGNMENT 10.01 This Agreement may not be sold, subleased, assigned or transferred at any time except to TENANT's principal affiliates or subsidiaries or its principal. or to any company upon which TENANT is merged or consolidated. As to other parties, this Agreement may not be sold, subleased, assigned or transferred without the written consent of the CITY, such consent shall not be unrea$onably withheld. This provision will not preclude TENANT from allOWing other parties to co-locate on the Property to Tower, so long as this Agreement is in effectl the City consents in writing, and the co- located equipment does not interfere with existing equipment. -:r- Section 11; COMPLIANCE WITH LAWS. 11 01 TENANT shalf comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Boynton Beach, Palm Beach County, and of any other public authority which may be applicable Section 12. GOVERNING LAW; VENUE 12.01 The validity, construction and effect of thIS Agreement shall be govemed by the laws of the State of Florida. 12.02 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Fifteenth Judicial Circuit in and for Patm Beach County, Florida. Section 13. INSOLVENCY 13.01 In the event that either party shall become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding under the federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, or become subject to rehabilitation, then, at the option of the other party and Immediately upon written notice, this Agreement shall terminate and be of no further force and effect. Section 1". ENTIRE AGREEMENT 14 01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof, superseding all prior communication between the parties, whether oral or written. This Agreement may not be altered, amended, modified or otherwise changed nor may any of the term& hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election, but the same shall continue and remain in full force and effed. Section 15. SEVERABIUTY 15.01 Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining to be invalid, iIIegsl or in conflict with any laws of this State, the validity of the remaining to portions or provisions shall not be affected thereby Section 18. NOTICES ~ FRO!'l U r'l HTTORNEI' S OFFICE FH^ NO +561 742 b054 Feb 17 1999 09 21AM P12 16.01 All notices or other communications required by thiS Agreement shall be in writing and deemed delivered upon mailing by certified mail. return receipt requested, to the following persons and addresses: CITY City Manager City of Boynton Beach POBox 310 Boynton Beach. Florida 33068 WITH COpy TO- James A. Cherat, City Attomey Josias, Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 WITH COpy TO. Section 17. OTHER PROVISIONS 17 01 Should the CITY, at any time during the term of this Agreement, decide to sail all or part of the Property to a purchaser other than TENANT, such sale shall be under and subject to this Agreement and TENANT's rights hereunder, and any sale by the CITY of the portion of this Property underlying the right-of-way herein granted shall be under and subjed to the right of the TENANT in and to such right-of-way 17 02 If the Whole of the Property, or such portion thereof as will make the Property unusable for the purposes herein teased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shatt cease from the time when poss8$$ion thereof is taken by publiC authorities, and rental shall be accounted for as between CITY and TENANT as of that date. Any lesser condemnation shaU in no way affect the respedive rights and obligations of CITY and TENANT hereunder Nothing in this provision shall be construed to limit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT's leasehoJd interest hereunder 1703 City covenants that TENANT, on paying the rent and performing the covenants, shall peaceebly and quietly have, hotd and enjoy the Property 61 FRuf'l L.! I I H I I UkNI:: I .;;J UFt- IL.t: I-Ht<. ~n +561 74~ 6054 Feb. 1 -; 1'39'3 k1'3 22Hf'l F 13 17 04 Attorneys' Fees. If any party obtains a judgement against any other party by reason of breach of this Agreement, the prevailing party shall be entitled to reasonable attomeys' fees and costs. including paralega' coats, at both the trial and appellate leve's. Section 18. PUBLIC RECORDS 18.01 CITY and TENANT agree that a copy of this Agreement shaJJ be recorded in the Public Records of Palm Beach County, Florida, upon execution of this Agreement. The cost for recordation shall be paid by the TENANT IN WITNESS WHEREOF, the parties hereto have caused-these presents to be executed, the day and year first above written. AITEST ,. ..' 'bfQtt>F BOYNTON BEACH, FL :~~f1~'~ ,t..;. . , . .. I ( ) ') .. ) ~l(. (~u.,..K~ flL(A..e{dZ~ City AIrDtMv State of Florida County of Palm Beach The foregoing instrument was acknowledged before me, the undeWi neet Notary Public in and for the State of Florida, on this, the ~ day of by Gerald Taylor, an~~ ~ ~erk and Mayor, respectively (0 ---------------- NOTARY PUBLIC SEAL OF OFFICE Q~nt~ ~ Nc*fy Publ~~ Sllduf Florida CD --~ ..t lOot MY ~ CCIl23I4 EXPlRE5 · . ' " AuguIl a. 1997 " ,tIC. Printed, typed or stamped name of Notary Public exactly as commissioned Individuals who signed are personally known' no identification produced 'teNANT ~ Signed, sealed and delivered in the presence of- (pMt name) - (prh nMlI) pes By' Title. t ... J I I-- Attested by' Title: STATE OF FLORIDA ) COUNTY OF Palm Beach ) I HEREBY CERTIFY that on this day of before me personally appeared of pes, to me personally known to be the lllrr .I. f I FROM CITY ATTORNEY'S OFFICE FAX NO +561 742 6054 Feb. 17 1999 09 23AM P1S individual who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expressed on behalf of pes WITNESS my hand and offioial seal of this day of Nalmy PubIlc (print .,.me) My Commission Expires. f?- ZiTMAN & ASSOCIATES, INe. 950 NW 185 AVENUE PEMBROKE PINES FL 33029 Invoice Number Date 1017 02/17/99 Ship To Bill To UNISITE 3450 Buschwood Park Dr. Suite 250 Tampa FLA 33618 P o.Number CONTRACT Terms Sales Rep AZ Sales Territory BROWARD Code AZ Description Amount 6FB1005C AND 6FB 10 12C AMENDMENT TO TIIE HEARING 100 00 REQUESTING AN ADDITIONAL VARIANCE PERTAINING TO TIIE HEIGHT OF TIIE FENCE, FEE ISSUED BY z&A, TO BE REIMBURSED, RECEIPT ATIACHED HERETO Amount Paid 0 00 Amount Due 100 00 Aging Statement o - 30 days 31 - 60 61 - 90 90 plus Total 700 00 210 00 000 000 91000 TOTAL $100.00 For Type Sales Tax Board of County Commissioners, Broward County Florida Health and Public Safety CODE & ZONING ENFORCEMENT DIVISION FEES STATEMENT This Statement becomes a receipt when stamped by register ~ N t::.... ,,-l ~ ~ 11/\0 502-01 (8/90) Classification t/AT7rArJ:- L: b'-' Value Iou -- J;!' ~ I=:', i:::~ "::1::- W C C-i- T ..... ~ , =! By ZITMAN & ASSOCIATES, INC 950 NW 185 AVENUE PEMBROKE PINES FL 33029 Invoice Number Date 1018 02/17/99 Bill To UNISITE 3450 Buschwood Park Dr. Suite 250 Tampa FLA 33618 Ship To P o.Number CONTRACT Terms Sales Rep AZ Sales Territory PALM BEACH Code AZ Quantity Description Unit Price Amount 8 48110 QUANTUM PARK LEASE NEGOTIATIONS - SEVERAL MEETINGS 6500 520 00 WITH ASSIST ANT CITY MANAGER AND CITY AITORNEY AS TO THE STATUS OF THE LEASE PROPOSAL Amount Paid 0 00 Amount Due 520 00 Aging Statement o - 30 days 31-60 61 - 90 90 plus Total 1,22000 21000 000 000 1,430 00 TOTAL $520.00 ~OMNIPOINT. - OMNIPOINT COMMUNICATIONS 600 Ansin Blvd. Hallandale, FL 33009 954-457.5700 Fax: 954-457-5705 February 11, 1999 City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Re Interference, EmISSIon Standards and Safety Issues Dear SIrlMadam, Ommpomt CommunicatIons, Inc (OCI) system transmIts m the E&F frequency bands as defined by the FCC (1965 - 1975 MHz). By transmIttmg only m the desIgnated spectrum OCI will not cause mterference to any other CommumcatIon Carner or Emergency CommumcatIOns facIlitIes. The frequency range and the power levels of the Base StatIon are 500 to 600 W EIRP, well below the maXImum of 1640 W EIRP outlIned m the PCS FCC Rule Part 24 TypIcal PublIc exposure m the near field (defined as less than 10 Meters duectly in front of the antenna) ofa PCS sIte IS less than 1 mIcroW/cm2, again, below the established standards. The entire Ommpomt mstallatIOn mcludmg the antennas are well wIthm the most conservatIve safety recommendatIOns ofthe NatIOnal CouncIl on RadIatIOn ProtectIon and Measurement (NCRP), the InstItute ofElectncal and Electromc Engmeers (IEEE), the American NatIOnal Standards InstItute (ANSI) and therefore meet all FCC safety rules for PCS transmISSIon standards mcludmg the Non-IOlllzmg ElectromagnetIc gUIdelmes for transmISSIOn facIlItIes. I CertIfy that Omnipomt meets all of the above mentIoned standards and recommendatIOns, and that the mstallatIOn and operation of the tower and antennas will not unnecessanly mterfere wIth the usual or customary transmISSIOn or receptIon of radIO and televlSlon Signals. Smcerely, M~~ Robert E. DaVIS Sr RF Engmeer Ommpomt CommumcatIOns, Inc Office (954) 457-5734 PCS (954) 471-9975 Cy' Ly LIma Mike Provencher DavId Mustang Charlene Mmench ZIT MAN & ASSOCIATES, INC. LAND USE CONSULTANTS 950 NW 185 Avenue Pembroke Pines, Florida 33029 Phone (954) 450-9311 - Fax (954) 450-8256 E-mail zitman@gate.net February 11, 1999 Mr Michael Rumpf, Seruer Planner CITY OF BOYNTON BEACH 100 E. Boynton Beach Blvd. Boynton Beach, Flonda 33425 Via Hand Delivery RE UrusIte at Quantum Park, Boynton Beach File Number COUS 98-007 Dear Mr Rumpf, Tlus letter shall constItute a response to the TRC comments and subnntted together With reVised draWings, attached hereto for reView Public Works Response to comments # 1, 2 & 3 - The applicant IS hereWith asking to waIve the placement of enclosed dump contaIners on the subject property based on the fact that the leased area IS reqUired to be secured and prevent unlawful entry due to lugh voltage Therefore no access will be allowed Into the property for unauthonzed persons. Utilities Response top comment #4 - GraVity sewer hne has been illustrated on the reVised SIte plan, as per marked up plans proVided by the City of Boynton Beach UtilitIes Department. Fire Response to comment #5 & 6 - Fire hydrant has been illustrated on the reVised SIte plan. - The access road will be a 12 feet Wide gravel road compacted to Withstand the weIght of a Fire Rescue Truck. - The access gate IS proVided for secunty purposes, locked and will be proVided With a knock box for emergency entry - The SIte eqUipment does contaIn lead aCId battenes, sealed and self contaIned InSIde a metal tray Mr Michael Rumpf COUS 98-007 February 11, 1999 Page Two En2ineerin2 Division Response to comments #8 through 16 - All applIcable permIts pertammg to the subject property will be obtamed at tIme of permIttmg. - Wntten statement sIgned and sealed by a Flonda Engmeer IS hereWith attached addressmg complIance With Chapter 10, Sect. 3 C.2, 4, 5, 6 and 13 and Sect. 6 A copy J.fthe applIcatIon to the Federal AVIatIon Adl11lllistratIon IS hereWith attached. - Set backs have been reVIsed to comply With the P I.D reqUIrements and illustrated on the reVIsed SIte plan - Crown of Miner Road has been illustrated on reVIsed SIte plan, heIght of tower IS still 140 feet With a 6 feet lIghtmg rod. - Proof of mgress and egress easement IS part of the Ground Lease Agreement to be approved by the CIty Manager - The access road IS a 12 feet Wide gravel road and therefore seek exemption of parkmg reqUIrements. BuUdin2 Division Response to comments # 17, 18 & 19. - No sIgnage IS proposed, except sIgnage as requIred by code, Chapter 10 Sect. 3 C 8 pert31mng to ''High-Voltage'' and ''No Trespassmg" - A five feet set back IS measured from the property lines for the 8 foot secunty and buffenng wall as per code Chapter 10, Sect. 3 C 7 Forester/Environmentalist Response to comment #20. - A note has been placed on the reVIsed plans requmng the contractor to protect all adjacent wetlands With a Filter Fabnc Barner fence. The contractor shall contact the department pnor to commencement of constructIon addressmg any and all wetland protectIon methods. Plannin2 and Zonin2 Response to comments # 21 through 33, - The Ground Lease Agreement, mcluding mgress and egress IS With the CIty Manager for approval. - A pIcture of the proposed tower IS hereWith attached. The color of the monopole will be non-contrastmg gray to blend m With surrounding enVIronment. - Wntten statements and certlficatlOns are proVIded and addressed under Engmeenng DIVIsIOn. Mr Michael Rumpf COUS 98-007 February 11, 1999 Page Three Planoioe: aod Zooine: cont. - Ongmalletter of authonzatlOn has been proVIded on January 19, 1999 and copy IS hereWith attached. - Set back dimensIons are illustrated on the reVIsed plans as well as the distance to the nearest reSIdential zorung dIstnct. - Parkmg space IS hereWith requested to be exempt, based on recommendation from Engmeenng DIVIsIon. - Landscapmg plans have been reVIsed to reflect the same scale as the sIte plan. Landscape table IS illustrated With both common and botarucal name and natIve counts (proVIded IS a rmmmum of 50% of natIve plants) - The "High Voltage" and '~o Trespassmg" SIgnS are illustrated on the revIsed sIte plan as per Chapter 1 0, Sect. 3 C 8 - No IIghtmg IS proposed wIthm the subject property Should you need any additIonal mformatIon pertammg to the set forth matter, please do not hesItate to contact me at your earlIest converuent time ~ Andy Zitman PresIdent c Andrea Lee - UmsIte, Inc. Enclosures SDS STRATA DESIGN SERVICES 10190 Old Katy Road, Suite 340 Houston, Texas 77043 (713) 463-6099 Fax: (713) 463-8731 February 10, 1999 City of Boynton Beach Engineering Department 5469 W Boynton Beach Blvd. Boynton Beach, Florida 33437 Re Quantum Park III (Wireless Communication Site) Quantum Blvd., Lot 92 - Boynton Beach, Florida 33426 Dear Sir or Madam SDS is pleased to respond to the comments concerning the proposed communication tower at the referenced site 1) Please see the design calculation package prepared by Paul J Ford and Company and signed by Kevin Bauman, P E. Mr Bauman's package certifies the tower has been designed in accordance with the South Florida Building Code, T1A1E1A-F 1997, and ACSE 7-95 The tower is designed for 36 communication antennas and three (3) carriers This package certifies compliance with Boynton Beach Land Development Regulations (BBLDR) Chapter 10, Section 3 C.2 and Section 3 C 6 2) Please see the letter from Omnipoint Communications signed by Bob Davis, RF Engineer This letter states that the tower installation will not unnecessarily interfere with public safety communications and customary transmission or reception of radio or television signals This letter states compliance with BBLDR Chapter 10, Section 3 C 13 3) Once again, please refer to calculation package prepared by Paul J Ford and Company and signed by Kevin Bauman, P E , where it states that the tower is designed for three (3) carriers and complies as a "Qualified Share Facility" If you have any questions or comments regarding this letter, please do not n~sitate'tp ca.. II m7:ber shOlMl above ~~n~~~~J ~-"~k ~/ 05- ,d:' - p' E 71tH; . car f" . v~, . Presideh~;S{rata Design Services EnClosures fD)J ~ ~ n "" r:: p"-:----,,;, ZITMAN & ASSOCIATES, INC. ,. 13 I. \, i~ I ~lL.l~;_,j~~:'-"--: i ~ LAND USE CONSULTANTS . J; I or. j 950 NW 185 Avenue ! !'\ I; FEB 5 U' t Pembroke Pines, Florida 33029 !-oJ'i , , ----..,..-------_.~ .......,.-. -~~: Phone (954) 450-9311 - Fax (954) 450-8256 E-mail zitman@gate.net - ~ ......"...--- ~ .-il February 2, 1999 Mr Michael Rumpf, Seruor Planner Planrung and Zorung DIvisIOn CITY OF BOYNTON BEACH 100 E Boynton Beach Blvd. Boynton Beach, Flonda 33416 Via Fax and US Mail RE UrusIte @ Quantum Park, Boynton Beach File number COUS 98-007 Dear Mr Rumpf, As per our conversatIon tins afternoon, pertaimng to mqwnes as to the status of our applicatIon and lease agreement, the applicant IS hereWith requestIng to the Plamnng and Zonmg ThV1S1on a postponement of our applicatIon scheduled before the February 9 Plamnng & Development Board and February 23 City COnnnISSlon. We are requestIng to have the our applicatIon scheduled for the next available meeting dates set for February 23 (Plamnng & Development) and March 2 (City Comrtl1SSIon) respectfully The applicant IS m the final stages of lease negotiations and acceptance of the Ground Lease Agreement With the City Manager and addressmg comments from the Techmca1 RevIew Commrttee. Should you need any additIonal mfonnatlon pertammg to the set forth matter, please do not hesrtate to contact me on my cell at (305) 934-9278 ~ Andy Zitman PresIdent c Andrea Lee - UnisIte, Inc. 3460 Buechwood Park, Suite. 250 Tampa, FL 33618 Phone: 813915-3500 Fax: 813 915-3670 February 1, 1999 Federal Aviation Administration Southern Regional Office Air Traffic Division, ASO-S20 PO Box 20636 College Park, GA 30320 UniSite# 48110 Dear Airspace Technician: Enclosed is our form 7460-1 requesting clearance to build (1) 155' AGL structure in Boynton Beach, FL. If I can be of any assistance please contact me at ext. 3573 Thank you for your consideration. Sincerely, Jky-/J/4v.- Gary Willever UniSite Engineer 0 Notice of Proposed AeronautiCal SIudy Number us Oepcm,.rr or bIspongIIon Construction or Alteration ........ ~ AoImII~""",,,,,, 1 Nature of Proposal 2. Complete DescriDtlon of Structure A. Type 8. CIaII C. Work Sclltdult DaIe$ Pleas' ctescribe the proposed constnl*n or alteration. [XJ New Conllruc!ion [XJPermanent Begming 0410611999 A. For proposaiS invOlving transmlttlng s1a1ions, Include o Alterlllon * o TemporalY (Duration rnonItlsl End 04/0612000 elIective radiated power IERP) and as&Igned frequency. " 11' "AIteralion. provide previous FAA Awoneutk:lll Study Number. it IVlilellle not known, give frequency band and maximum ERP B. For proposals Involving ovethead wire, b'ansmission lines. 3A. Name,...... and tlIlephone number of IndlYlw.i, 00lIlp8ny corporallon, et~ propollng the etc.. include the siZe and the configuration of the wires and -.tructlon or IIterIClon. (Number. Street. CIIy, Slate. and ZIp Code' their suppoIting strudures. Attn: Gary Willever c. For buildings, Include site orlema1ion, cimensions. and Unisite . site# 48110 construction material8 of the propoeed or aJtered structure. 3450 Buschwood Park Drive; Suite 250 D. Optlonal- Describe the type of 00structI0n marking and Tampa, FL 33618 lighting system desired. The FAA will consider tIiI in their ( (813) I 915-3573 study. Araa Code Telephone Number 3B. Name, address and telephone number 01 proponent's representative, if different than 3A. aboVe. See Attached I I Area Code ) TIleslhone Number 4. Location Of Structure 5. Helaht and Elevation lllI...... A. COoldInates I'::=..... aI__ B. N...... CIly or Town C. N_'" puollc or niIIlIIry IIitport. A. Elevllion 01 . above me." latitude 01 1\ and Stale heliport, fIighIpark. O/Il88Plane IlaM sea level, . Boynton Beach. FL LNA. PALM BEACH COUNTY PA K 00013 26 33 22.65 longitude 01 Ii . \ 1 I. DIstance 10 48 (1). Oletence 110m IlNC1urI to nHf_ 8. Heigllt ot swucturelncludlng aI point 01 neare81 runway appurt\mllnCeS and lighting ebove 80 4 56.05 2 statute miles 12263 ft. gtOUIld or water. 0155 40. ~ce al ~nate information Item 4A. a YB. (21. Ohdan 10 48 (2). DirKtIOn from uuaurlt 10 airport C. Overall heighl allOve mean se. level o USGS 7.S' [Xl S 0 Olhor IA + BI Quad Chert urv.., Specify 343 degrees 356.1 degrees 00168 2C _.Il1o__ 4E Description of site tocatIon with respect to highways, streets, airports, prominent terrain, features, o NAD 27 IX] NAD 83 0 =ry existing structures, etc. Please attach I U.S. Geological Survey Map (or equivalent) showing the construction site. If available, attach a copy of a documented site survey with the surveyor's certification. NCCIce iI requIed lr/ Part 77 0/ III FlIdIral AYiIIlon FIeguIalions 114 C.FA PlItl771 pur5U1l'l11O Section 110' afthe Federal AviaIiCltl Ad of 1958. as amended (49 U.S.C.1Il>> i 1S01). Persons wI10 knowingly IIld wtllluUy vtoIaIlt 1he NoIic8 requiremeIU of PII1 77 atl subillCllO I cIvlIllIIlIlt)' 0/ $' .coo per day 1I1t111'1e nolice is received. pursuatllla Section 901 (I) 01 the Fedlnl Avialion Ad at :: u II'IlIIIdId (49 U.S.C, Ipp ~ 1471\11J8I wd..1le Ine ll:riminal panallyj 01 tlCll more than S500 lot the first oIIena. and no! mars than 12.000 lor aublequenl ohwes. pursuant III Section II d... Federl! AYlatlon Ad 0/ , 958. II II1l8ndId 149 U.S.C. 8llP i 1472(81). I HEREBY CERTIFY that all of the above atatement. made by me are true, complete, and correct to the best or my knowledge. In addition, I Ii'" to obstruction mark and/or light the ,tructure In accordance with e,tabllshtd marldng . lighting standards as necessary. .- DIIa I T"* or Primed NMlIInd TlIIt aI PInon FlIrng Nalice I~"A.- ~mA 02-01.1999 Gary Willever, Engineer FOR FAA USE ONLY FAA will tither retum thlsAMn or issue, separat, acknowledgement The Proposal: lIup,llmenlll NolIce otConatrucllon. FAA Fonn 7460-2.11 requk8cllllyhe lheplOjlclls 1Il1lldonld, or o Doll nat,.,. I noIIce 10 FAA. o Allllsl4lllolulllllore III IlIlt d CClIlIIIUC:lIol o iI nat IdIred D" obauc:IIln IIIlCIIr .., IIInctIIlI 01 FAR. Pill T1 o Wtil five dirt _Ill CCIIIIlIIdon lWIClleS ill WIlIeSt twigI1l SUbpart C. and wNd nat be llIIDni to navlgallan nis delIrminaIion ..p,. on unlsaa: o illdInliIiId . In 0bIlnlC1Ian IIldIr lIIa IlMdudI 01 FAR, Part 77. III ~ rIWII8d or 11'"*'*<<1 bJ lI1Iillullng ..: lbl1lll conatnlCIlon IIlIIbjIct tD lhIlcllllli1g IUltlady ollis FICIIraI CommunIcalIons ConmIs1ion (FCC! and III appIlcIllcn SulipIn C.1lIlt wcuId not III I harlld 10 IlI\IIgItIcn. a I COIIIN:lIon peml is mIds 10 .. FCC 011 or bIIort 1111 abcM upirllion dill. ~ such _1IW delenni1aIion o SIouIcIIle obIruclIon 0 nlllkecl 0 Ig/lIad IlIf FAA expirll 0111111 cIIII prI8CIiIlecI by III FCC for compIelion 01 ~ or on IlId11t III FCC clIIi8Illle ~ NOTE: Rsq..1l1or tlQBtIIIon 01 lilt ehcIIwe perIocI oIl11i1 d111t1mn811on IIIIIIl be poslmIrkecl or cIIIlvered to IIIlSSling alIce AdwIIory QocuIllr 7OJ746l). 1. Chap... II lull 15 dIya ptor tD IIII1lph1on dIla. o 0IIIIucII0n IlIIlIdnQ n111g1ltlng w nol~. IIlIIlnIClIn II aub/lICllD lilt Iicenalng dlorlIy 01 the FCC. I copy 01 Ilia ~ will be SIIIltD hI agency. RenlII1cs HAD 83 Coordinates =.~~:.': FAA)I I 01 ' I 1 Longitude I 01 '1 " latitude . . IIIued In 1-- 10.- Form Approved OMB NO. 2120-0001 FAA IIonn 7410-1 ..~ .__"'"__ f' "",,, Page 2 NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION latitude: 28-33.22.85 Longltucle: 80-4-66.05 Aeronautical Study Number 2. COMPLETE DESCRIPTION OF STRUCTURE AT Boynton Beach, FL A. For proposals Involving transmitting stations, Including effective radiated power (ERP) and assigned frequency "not known. giva frequency band and maximum ERP Tx Antennas; Freq. 1965-1975 MHz ERP 250 watts Rx Antennas; Freq 1885-1895 MHz B. For propoeals Involving overhead wire, transmission IIn.., etc., Include the size and the configuration of the wires and their supporting structures. C. For Buildings, Include site orientation, dimensions, and construction materials. D. Optional. Describe the type of obstruction marking and lighting system desired. The FAA will consider this In their study 4. LOCATION OF STRUCTURE 4E. Description of site location with ....pect to highways, street, airports, prominent terrain, features, existing structures, ete. Ple..e attache a U.S. Geological Survey Map (or equivalent) showing the construction site. It available, attach a copy of a documented site survey with the surveyor's sertlflcation. see attached 2C survey f- (I (I I'm YVol 'TVTI' ":fTTC:T\''l O~~r.gT6r.1~ XV1 Ct 11 ~HI 66/11/7.0 FAA Z.C SURVEY CEllTDICA nON Applkanf: Omnipoinr CommInIicaioft MIl Oped&IOIl' In;, 600 AnIln 'l~. >>WI...... Florid. S300t Siw N....: 0P"nWST PARK. 5ile Nu__ Silt AdcInu: lDl"~. OUAlftUM pnl: BQYTOIii BEACH ~QA V.nicII Datum: NaJDI929 (AMSL) rlNe" TCMIt 1:1 OPS 1UlW1 ~ ~S~ flori&oNaI o.t&Im: HAD 13 D 0" IlIr4Y Scrucwn Typll: C3 W" T_ C Idtdnl TOtftt C $"" SlMk C loot Tap C 0t1wr LadlUdc: Lort,.QcIe: 26,",1'22 M"' N. ~156.0~" W.. Oro,-nd ElevatloD: ~Poia' DD Ealalint SlI'ucl\In: 11.0 4MSL EJ."adgn (in reel) '(pg ~OPO.mn . AMSL 21.vllioB (ia rwc) ConiftcadOD: I \WIily that Ihl IIlitude IlIId 1011.... .... al:c\If&t& \0 wldlin +/. 'Q fld ~ori.zOlltally ... Vt.a& th- IJO'IJId ..v-*ion it a=ur.. to witliin .p/. 20 tlet verti~ly, 'I1la horiJomaJ dwlP (cC;JordJM&as) .. .xpr.. in twft\I of dt.-s. mill...... ~ IIId MIlh. of 'iKORd.. n.. ....rtic.l ..'1UIl CMilht.t) ... .~ in taInI of fut. ~,. ~ $ip&lUre/Sol1: ~~U<C D-.: o l/.t09) .... SIAl, SOO III XVd NIVJll aLISINll 09S~SI6~IS XVd ~t 11 llH~ 66/11/60 -----------------------------------------------~---------------------- r=='U'- - i ! t ) I j Optitnist Park NW 7 N w Cll997 Dcl.orme. Street Atlas USA -{ 26-33-22.65 N 80-04-56.05 W ME s \ \ Mag 15.00 Mon Feb 01 11 171999 Scale 1 15,625 (at center) 1000 Feet . I I ' N I 500 Meters ".\ \ ------ Local Road l .MaiO< Cono"'to< - State Route Interstate/Limited Access iO Exit +. I Railroad .. ExillGas SIll Board of Supervisors C Stanley Weaver Kermit Dell John I. Whitworth III SecretarylManager William G. Winters Assistant Manager Ronald L. Crone Attorney Perry & Schone, PA LAKE WORTH DRAINAGE DISTRICT 13081 MILITARY TRAIL DELRAY BEACH, FLORIDA 33484 January 19, 1999 Michael W Rumpf, Chairman Plannmg and Zomng DIvision City of Boynton Beach Post 0 ffice Box 310 Boynton Beach, Florida 33425-0310 Re Umsite at Quantum Park (Optimist Park at Quantum Park, Section 17/45/43) Technical Review Committee Meeting-Tuesday, January 19, 1999 Dear Mr Rumpf This petItion IS located WIthin the Lake Worth Drainage District's boundary and WIll require permit(s) from the District prior to construction. Should this petition require a plat, then the District will withhold permIt approval until a reVIew of the plat has been completed to ensure that the Distnct's right-of-way concerns have been addressed Thank you for giving us the opportunity to review and comment on this petitIOn. Should you have any questions or concerns please contact me Respectfully, LAKE WORTH DRAIN GE DISTRICT ~~ Lisa A Rowland Right-of-Way Technician Delray Beach & Boca Raton (561) 498-5363. Boynton Beach & West Palm Beach (561) 737 3835. Fax (561) 495-9694 M~lte January 11,1999 City of Boynton Beach 100 E Boynton Beach Boynton Beach, FL 33425 Re Quantum Parkl48110IWP1049 . f5D BwIcIwtIrIad Pat* om. 5uIfII i5D ~. FI. 3:iE'B JR.I ,-lIIJtJ-UVISITE ~ FAXI B~'~ '~"}:;r "('"'l1~:.r~f... ~(1 ','~;NJ'1 ~0,;~ ;~) .. ....;~ ~ 1: .~: ~ J~<'! 1- -'-'1 -",:' -\ I J. -I' .. . ',. ~"' .r~ ~';.:'~~' .~?;:; ::"': $ .1 .~ '~>~; V:.~t -~ To Whom It.May Concern Andy Zitman of Zitman and Associates is authorized to represent UNlsite, Inc on all leasing and zoning matters on the above referenced site If you have any questions please contact me at 800-864- 7483, extension 3574 k you for your time, Andrea Lee Site Acquisition Manager for UNlsite, Inc.