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CORRESPONDENCE ~"\.,.~,;'~ . '. '\ '- . \ \ o .." )x] o I U/ J. ~<;-' <'0" 0'" DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . BuIlding - Planning & Zoning - Occupational Licenses - Community Redevelopment August 22, 2001 Ms, Nika Niksirat Cingular Wireless 5201 South Congress Avenue Boca Raton, FL 33487 Re: Cingular Wireless - Colocation of antenna and related facilities at 222 N.E. 9tb Avenue MMSP 01-056 Dear Ms, Niksirat: In response to your request for the administrative review and approval of the modifications proposed to the above-referenced, approved tower site, please be informed that the colocation of the antenna, equipment shelter, and fence as shown on the revised plans date stamped 07/26/01 is "minor", as defined within the Land Development Regulations, Chapter 4- Site Plan Review Following the execution of a lease agreement or addendum, this project may continue to be processed by the Building Division as a permit application contingent upon the following: 1 Reduce the height of the proposed fence from 10 feet to eight (8) feet in order to comply with Chapter 10, Section 3.C.7.a; 2. If the scope of the project demands removal of plant material then such plant material must be relocated to an area subject to approval of the City Forester; 3 A fmal site lease agreement must reviewed and approved by the City of Boynton Beach prior to the issuance of a building permit Be advised that the proposed changes may require a modification to the building permit. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, /CtJe.- Mike Rumpf Director of Planning & Zoning Cc: Lusia Galav, Principal Planner Jose Alfaro, Planner Eric Lee Johnson, Planner S:\Pl.1nn'ngISHAREDIWP\PROJECTSICingular Wireless MMSP - OI-OS6\Appl"Qv~1 Letter B-02..o1.doo:: City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425.0310 Pnnn..' 1~1\ 'fd.,..c::"\!>ll--,. ~'ntnn_h..,.,..h If '.. CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM TO: Mike Rumpf, Director of Planning and Zoning FROM: Jeffrey R. Livergood, Director of Public Works DATE: August 8, 2001 SUBJECT: Cingular Wireless Expansion 1 have reviewed the above referenced plans regarding the expansion of Cingular Wireless onto the existing Sprint tower location the Public Works Department compoWld. I approve ofthe plans submitted by Sprint with the following justification. I recognize that as a commWlity we must encourage co-location of wireless services on towers in the City This is essential in order to address public concerns about the proliferation of tall cell towers in local neighborhoods. I have had several discussions and meetings with representatives of both Sprint and Cingular related to potential design concepts for the Cingular addition. My goal has been to provide Cingular with an ability to co-locate on an existing tower in a way that has the least impact on our Public Works Department yard operations as well as minimizing the visual impact on the residential neighborhood. Early in our discussions, Cingular offered to stack their components on top of the existing Sprint hardware. Our review suggested that this concept had no negative impact on our already cramped conditions in the Public Works yard. However, the stacked arrangement would be very visible to surroWlding residential properties and would not be appealing to residents. This would be even more apparent should the Public Works Department re-locate from this site and only the tower would remain. Thus, given the pending move of the Public Works and Parks Department operations in the next several years, it was determined that construction of the Cingular site at grade was the best option even though this scenario requires the elimination of parking spaces used for Public Works equipment. The Public Works staff would prefer to not have any cell towers/equipment in the yard area. However, the reality is that many of our residents rely on cellular services and co-location of cellular components on existing towers is desirable from a commWlity perspective. Thus, I believe it prudent to allow Cingular to construct their hardware as shown on the plans. I offer no comment regarding Cingular's compliance with applicable building codes and I leave this review to others more qualified than me. Galav, Lusia f/!J;ltl sf 0/- ():;-(, From: Sent: To: Cc: Subject: Rumpf, Michael Friday, July 20, 2001 2:03 PM Galav, Lusia Livergood, Jeffrey Heads up Cingular has been pushing to get preliminary approval for co-location at the DPW Sprint Tower The issue is the placement of the equipment shelter They were originally proposing to stack it on the existing sheller; it was deemed major That forced them outside the current lease parcel. Jeff Livergood worked with them in anticipating the site impacts and space allowed. They wiil be submitting for minor modification next week. There wiil be site impacts. J would suggest you get Jeff into the review process immediately The question wiil be whether we need full site impact analysis (I.e. impact on parking - needs and supply, etc.). Perhaps Jeff, feeling that his stay at that location is short enough, wiil disregard those issues. I spoke to Cingular and warned them of these possible data requirements but said they could initially submit without MR. YfD' C~ ~&-trt R-eV1W ~. yl~s o:.t ~6Lvv1 €~ Cl7tJ~? r cLOYJ Ii ~~lr~ 7AJ LF-/!/ ~ ~ ~ to 1~do I ~ trJ20 ~l'c{p ~ '~ 'Mj ~ ),)1 ~.~ w~ 7fu, g7A? ThcvJu; ~ r~~ ~ SO ~~(L17 lV~ a.p~ it " ~cf~ 1 ^ cingular" WIRELESS March 19,2001 Mr Michael Rumpf City of Boynton Beach Planning & Zoning Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 RE, Cingular Wireless Justification Letter Co-location on existing monopole-Site ABNN Dear Mr Rumpf, This narrative is submitted in conjunction with an application by BellSouth Mobility, d.b.a. Cingular Wireless, for minor modification to site plan approval of co-location of antennas and related facilities on an existing tower as shown on the site plan submitted. It sets forth information about the application, reflecting conformance with the City's telecommWlications towers & antennas ordinance. Proposed Plan: This proposed site is located at 222 N ,E. 9th A venue. Specifically, the request is to allow for the installation of antennas and ancillary equipment, to be located at the location described as the Lease Parcel. Cingular's radio frequency engineers locate facilities at sites that have the necessary elevation and location to provide seamless transfer of calls between adjacent antenna locations. This placement is necessary to provide continuous coverage within the immediate area of the existing monopole, The proposed site will achieve this goal, Cingular's engineers have identified this site as a critical site to allow Cingular's system to meet the requirements mandated by their license. This facility will provide service to residents and businesses located in the area. The overall result of a facility at the proposed location, working in conjunction with the other sites which form Cingular's network, is that it will supplement service within the immediate area. Please do not hesitate to contact me at 561-995-3576 if you have any questions or require any additional information, Sincerely, Nika Niksirat Manager, Real Estate & Construction State of Florida Cingular Wireless. 5201 Congress Avenue. Boca Raton, FL 33487 RUG-08-2001 10:3~ REFi... E~TRTE BoeR P 01/03 ~ cingular~ WI.UISS SOUTH FLORIDA REGION 5201 CONGRESSAVENUE BOCA RATON, FL 33487 FAX COVER SHEET DATI!: TO: August 8, 2001 Eric JohnlJOn FAX: 561.742-8251 FROM: Craig Parker PHONE: 561-312-1777 FAX: ~1.995.35941 RI!; CINGULAR/SPRINT L~ AGREEMENTI BOYNTON BEACH PUBUc WORKS fACIUTY.222 N.I!. ,TH AVI!NU!! Number of pages including cover sheet: 3 Message Eric, Per your request, attached is a copy of the site sublease between Cingular and Sprint for the above referenced site, Please let me know if this meets your requirements. Upon doing so I will FedEx a hard COpy to your attention, Regards, ~(j RUG-08-2001 10:37 SSLP Sile #: MI03XC072.02 REFL ESTHTE BOeR P 02/03 __ ,UJ. ~~ll Avenue, ttoyncon ~c:acn. t'L SITE SUBLEASE Pursuant to a Mast;:r Antenna Site Collocation Agreement ("A.recm~f) dated February 24th, t 998. and as amended by the First Addendum to the Mas"=r Antenna Site Co-location Agreement dated September 27 1999, by an~ between Sprint Spectrum L.P.. a Dclawme limit<<! partnership, lll'ld it:;; wIreless commwicQtiOrl' ..ffjliates (GOI1~tively, "CompIIlY") p,nl;f BELLSOUTH MOBILITY LLC. a Georgia corporation. on bl;half of its~lf and j~ affiliates, BellSouth Mobility Ine. and American Cellijlar Communications Corporation, all having their prilH;:paJ pfac.:l of business at Il00 Peachtree Street. N.E., Soile 910, Atlant:1, Oeorgi. 303094599 (<oll<<liv.ly "SSCC"), This Site ~bleQSe wil! remain in fijll force and cfibet for its entire term resa:dless of any chlng~ 'in ownenihip of me land. This Site S"blease will aim with the Land for th~ ;ntirc ten'n as $et forth in Paragraph 6 ofthc; Agrcl:mc:nt 1. Name of Lessor: Sprinl Sites USASM. a division of Sprint Spcdrum L.P 2, Name of Lessee; B.USooth Mobility LLC. a Oeorci. LLC 3. Site NumberlName: Sprint #M!03XC072.o2 Public Works Tower BSee # ABNN City of Boynton Beach Utilhies 4, Mark.t Class: Mark.tClos, "An 5. Site A.ddrcss (street address and legal description): 6. Site Latitude and Longitude: 7 Contingency Date: 8. Monthly Ren" 9, T.nn: 10, Slt.lessor-leas.d: lfleused, Term ofPnme Lease' II. Spotia' Ace." Requirem.nts: 12_ EKistins Mortgage3, etc.: 13. Eoistin, Environmenlallsslles: 14 Less.e ConlllOt for Accm in Emerpncv' 15. Lessee Comact fOf Ac~s in Emergency' 16. Addrus for Notic, Parpo"cs; LESSOR: Sprint Spc:c:trum L.P'., n Del.ware limited partnership BY Sprint SilOS USASM. a division of Sprint Sp<etrum L.P By,:;:? #Jo!' ~../ Lawr.n"" M. Calland.r Title: Oir..tor, East Region Date:. 3-~-~1 SiBn.~u :iii"~lh. pre..n..of: Witness Prinr Name, ty"M.-r ""''''1111111- \u.J~i. Witness Print Name; c....u...- 'Wlolow c-.V.....~ LESSOR INrrrALS .:tPr:.. 222 9th Avenu., Boynton Bench, Florid. 33435 26 c:tccrees 32 minutes 3.47 sccond, North; 80 degrees 03 minutes 42.81 scc:oncb West Ninety (90) days from the d.t. of full execution afthis Site Sobl.... 5 y....s ccmmeacing on earlier to ocour of either (a) date L..... boglns construelion of L......s Facillti... or (b) COl1lingency O.re ,ot ootln Section 7 ot this Sire SoblOllOO; toeether with throe (3) five (5).year renewal options, ..c:b deem.d aUlomati.ally oxercised absent thirty (30)-day p.....piration notice by Lesse.to Lessor 10.30.96 by Sprint Spoctn.lm LP '" amended from The City of Boynton B.ach, Florid. S years (be,inninc lO-)()"96) with fOUl (4) fj\le <')-yellr renewal options (automatic: if no 180-day pr....piration notice of non.renewal by SSLP) None To ~ dctcnnincd by Lcssc:;C"'s independent investigation To be d.l.minod by t.s....s independent investigation National OperaliO/1$ Control Cent.r. 1.888.859-1400 Bel1South-Re!11 Estate Manllli:c.... (rP TO LESSE6): BellSoulh Mobi!ity LLC 1100 Peachtree SINel, N.E.. Suite 910, Atlanta GA 30309-4599. AM: Oen.ral Counsel; with a copy to BeIlSouth Mobility Ino., "10 MllI)Iland W.y, BrenlWood TN 37027, AM Real Estato Ocpanment (IF TO LESSOR): Sprint Sites USASM, 6450 Sprint Parkway, MaUstop: KSOPHNOI16, Overland Park KS 66251. with. copy to Sprint Site. USASM, 1357 Hembr.e Road, Soit. 250, Ro,woll OA 30076, Altn: Property Manager LJ 1.1:5$1:&: ~ BeUSooth Mobility llC. . Gcorgi.lLC BY~ingular' LC,its member Bi!C ~~~ no, .;,;.:-"'< ~A, Oat.; 8.!.-{ J/ Signed. Sealed and delivered in the presence of: J..j) rl/, _./ d // Witness " Print Name: 00 <! v."~y~{),,,,p ~~(',ft..~ -Q Print~~;~,n.. r ~A""'("; t LESSEE INlTlAr$ AUG-08-2001 10'38 ~;')Lr :)Ite If: MIUJli.'vU I~-{IL REAL ESTATE BOCA P 03/03 .."..... ..,"J........ _.~_n. _ STATE OF bet;H:.& If+. COU~TY OF Fc-t/...?"p,J The foregoin. inmument was ocknowledJled before me this 7""-~y or ~WeJ... , 200.. ByS~, asSeni:o". rYlQn",-&%fSeUSourh Mobility LLC, . Georgia LLC, Who is personaJly known to me ~a '''~i b9G r--;l"A....I IS :.J_-':"'::ilti~" and who 4ic11(did not) take an oath. WITNESS my hNld and official ..." ~lh.~ Notary Publie ~ m~f)~ m." IGbi!.- Print NlII11l: My Commission expires: ""J,rJ;,oo!f:, STAT~OFG~Gl.,.I , COUNTYOF ~ TIle foregoing instrumenl was acknowledged before me thia day of ~ 2ooll. By Lawrence M. Callander, as Director. of Sprint Sires USA. a division of Sprint Spectrum L.P., a Delaware limited partnership. Who is pcrsonaUy known t~~ ~'''1 h.ae if .....n...l ... lA.....t:r:: ..' .n EV1d wl\o4te-(did !lot) lake an oath. ~\\j\'II~"IJ"'""", ~,~ ... M H '''''9" '#0" '5:;\;:"""",..,,.,0, O~ ......;. 'II! ,,;V ~.I.\) ,...'( ,~'f-" '" ~ '.l.t~~.~ ....,"'" So i~! E;(Pl~ES ,~\ i ! GEORGIA ~ -= j\ i FeE, .5, 200e, i! ~ ~\ ~ l\ ! ~.,. UB.,C..A:;t ~'*l. ~; ~ :q" ,.."".......o,;:.~j' '" VC:rr C ~~"'~. "'Q'I1:!"IIU\l.\\I\\\\"IT Prmt Name Notary Fubr.!~, .Cwi'l1n~tt County, Georala . , My C~lS31on EJcpires JUly 28 2002 My CommISsion CXPLr';S: . Attaehmentl: Attachment I: Dcs4;:ription of Premises (including Antenna Locations. Equipment SbeUI:lr!RoomJCabinet LOlO:ations) Atta.hm.nt 2: Plans and SpecifienriOll' Attachment 3: Existing Liens, R.ight! of Way, Easements and Monsascs Atta<hment 4: Currenl Communication. Users of Site (includtna frequencie.) AttIlClhment 5: Memorandum uf Agrtcment Attachment 6: Owner"s Consent (if required) Attachment 7' Prime Lease:: LESSOR INITIALS >>c. 2 LESSEe IN1TlAL~ TOTAL P 03 SSLP Site #' MI03XC072-02 _222 9th Avenue, Boynton Beach, FL SITE SUBLEASE Pursuant to a Master Antenna Site Collocation Agreement ("Agreement") dated February 24th, 1998, and as amended by the First Addendum to the Master Antenna Site Co~Location Agreement dated September 27 1999, by and between Sprint Spectrum L.P., a Delaware limited partnership, and its wireless communications affiliates (collectively, "Company") and BELLSOUTH MOBILITY LLC. a Georgia corporation, on behalf of itself and its affiliates, BellSouth Mobility Inc. and American Cellular Communications Corporation, all having their principal place of business at 1100 Peachtree Street, N.E., Suite 910. Atlanta, Georgia 30309-4599 (collectively "BSCC"). This Site Sublease will remain in full force and effect for its entire term regardless of any changes in ownership of the Land. This Site Sublease will run with the Land for the entire term as set forth in Paragraph 6 of the Agreement. l. Name of Lessor: Sprint Sites USASM, a division of Sprint Spectrum L.P 2. Name of Lessee: 3. Site NumberIName: 4. Market Class: 5. Site Address (street address and legal description): 6. Site Latitude and Longitude: 7 Contingency Date: 8. Monthly Rent: 9 Term: 10. Site Lessor-leased: If leased, Term of Prime Lease: II. Special Access Requirements: 12. Existing Mortgages, etc.. 13. Existing Environmental Issues: 14. Lessee Contact for Access in Emergency" 15. Lessee Contact for Access in Emergency' 16. Address for Notice Purposes: LESSOR: Sprint Spectrum L.P., a Delaware limited partnership BY Sprint Sites USASM, a division of Sprint Spectrum L.P By' / ;n.I'~/../ Lawrence M. Callander Title: Director, East Region Date: ~- :Lq -I:) I - signeAi:J; )jJ~he presence of: Witness Print Name: it/A-vr W't"'I MA1I- ~.I.... Witness Print Name: ~ 'w:.1..w ~l\l..~~ LESSOR INITIALS :tPr:!.. BellSouth Mobility LLC, a Georgia LLC Sprint #MI03XC072-02 Public Works Tower BSCC # ABNN City of Boynton Beach Utilities Market Class "A" 222 9th Avenue, Boynton Beach, Florida 33435 26 degrees 32 minutes 3.47 seconds North; 80 degrees 03 minutes 42.81 seconds West Ninety (90) days from the date of full execution of this Site Sublease S2,000.00/month (escalating 3% each anniversary of Commencement Date),- 5 years commencing on earlier to occur of either (a) date Lessee begins construction of Lessee's Facilities, or (b) Contingency Date set out in Section 7 of this Site Sublease; together with three (3) five (5)-year renewal options, each deemed automaticaUy exercised absent thirty (30).day pre-expiration notice by Lessee to Lessor 10-30-96 by Sprint Spectrum LP as amended from The City of Boynton Beach, Florida 5 years (heginning 10-30-96) with four (4) five (5)-year renewal options (automatie if no ISO-day pre-expiration notice of non-renewal by SSLP) None To be determined by Lessee's independent investigation To be determined by Lessee's independent investigation National Operatioos Control Center - 1-888-859-1400 BellSouth-Real Estate Manager- (IF TO LESSEE): BellSouth Mobility LLC 1100 Peachtree Stree~ N.E., Suite 910, Atlanta GA 30309-4599, Ann: General Counsel; with a copy to BellSouth Mobility Inc., 5310 Maryland Way, Brentwood TN 37027, Attn Real Estate Department (IF TO LESSOR): Sprint Sites USASM, 6450 Sprint Parkway, Mailstop: KSOPHNOI16, Overland Park KS 66251, with a copy to Sprint Sites USASM, 1357 Hembree Road, Suite 250, Roswell GA 30076, Attn: Property Manager V LESSEE: ~ BellSouth Mobility LLC, a Georgia LLC BY Cingular' LC, its member , ..::::rc.. By: Title: Date: Signed, Sealed and delivered in the presence of: L;J ~-Jd ~ Witness Print Name: t). <Z 4~y-!).II/,P ~~('{~ ess ~ t Print Narne: l"ttn.L r -OLA..ncJ LESSEE INITI~ SSLP S,te #' MI03XC072-02 222 9th A venue, Boynton Beach, FL STATE OF 6ev~C:tIt+ COUNTY OF f't.tL-?"O,J The foregoing instrument was acknowledged before me this ~day of Ir<~ , 200'. ByS:~, asS'eni:o.... rYlantlf>.-""ofBellSouth Mobility LLC, a Georgia LLC, Who is personally known to me 9T ..,,",,, b,,'" J?rg~'l"'''',1 8.8 iQ\lRti~(Ial:ol. and who ~did not) take an oath. WITNESS my hand and official seal. ~J'h.~ Notary Public fYJGvODtG m. '-doo~ Print Name My Commission expires: 0 "j-"rJ].() 00 STATEOFr;.~c;L.ol , COUNTYOF ~ The foregoing instrument was acknowledged before me thi~ day of ~ . 20041. By Lawrence M. Callander, as Director, of Sprint Sites USA, a division of Sprint Spectrum L.P., a Delaware limited partnership, Who is personally known to me GI' "'R! h~ ~n-t..'J'i'...l !'I'l: ...J..ntif:.....t'-1 and who4tEH:did not) take an oath. - - \\\\\\\111IUIIJ"",. ~\\'fI.. M !bl,,: ,I,~ ''C. . HO ,.~ O~\ ...""........ O'~ ;::. .......... A -.*-' f-~ ~;;v,<"-'>.O' 'f? /:":""""~ s ......f~~~ "'- ~ ~"\'~ ~ ~ ~ : EXP\RES '\ ~ ~ li f GfORGfA ; ~ ~ ~ FEEl 25,2003 i ~ SQ\ /;;.~ \?~~4.~UB~\S.l~ ! ..~ 4'VII :'~"""'''''''O\J .# ~r,~,; v'€"rr C o:-.'~~" l!l';mnlll\\\o,\\\~' Print Name Notary PUbl,ic. .Cwjl1n~tt County, Georgia " . My C?mmlSSlOn ExpIres July 28. 2002 My CommiSSIOn expires: Attachments: Attachment 1: Description of Premises (including Antenna Locatio~ Equipment ShelterlRoomlCabinet Locations) Attachment 2: Plans and Specifications Attachment 3: Existing Liens, Rights of Way, Easements and Mnrtgages Attachment 4: Current Communications Users of Site (including frequencies) Attachment 5: Memorandum of Agreement Attachment 6: Owner's Consent (if required) Attachment 7" Prime Lease LESSOR INITIALS ~ 2 LESSEE INITIAL~ ," .: I , 0 ..~ PROJECT NAME: CINGULAR WIRELESS LOCATION: 222 NE 9TH AVE. COMPUTER ID: I FILE NO.: MMSP 01-056 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: NIKA NIKSIRA T PHONE: same PHONE: 561-995-3576 FAX: same FAX: ADDRESS: ADDRESS: 5201 CONGRESS AVE. BOCA RATON, FL 33487 Date of submittal/Proiected meetinl! dates: SUBMITTAL / RESUBMITTAL 7/26/01 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: N/A TRC MEETING: N/A PROJECTED RESUBMITT AL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD N/A MEETING: COMMUNITY REDEVELOPMENT AGENCY BOARD CITY COMMISSION MEETING: N/A COMMENTS: .~ . S:IPlanningISHAREDlWPIPROJECTS\ClNGULAR WIRELESS MMSP\200I PROJECT TRACKING lNFO,doc