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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Tumed in to City Clerk's Office December 2, 2002 (Noon) o February 4,2003 o February 18,2003 o March 4, 2003 o March 18,.2003 January 21,2003 (Noon) 0 December 3, 2002 0 December 17,2002 0 January 7, 2003 ~ January 21,2003 November 18, 2002 (Noon) February 3, 2003 (Noon) December 16,2002 (Noon) February 18,2003 (Noon) January 6,2003 (Noon.) March 3, 2003 (Noon) NATURE OF AGENDA ITEM o Administrative ~ Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfmished Business o Presentation RECOMMENDATION: Please place this request on the January 21, 2003 City Commission Agenda under Consent Agenda. The Siting Review Committee recommends that the attached co-location request submitted by Sprint Spectrum L.P. be approved, subject to the approval of the Minor Modification request to accommodate the additional equipment on the current leased site. EXPLANATION: Sprint Spectrum L.P. has a lease agreement with the city for a telecommunications tower located at 3600 Miner Road (Water Storage Tank). The Assignment clause (Section 10 of the lease agreement) provides for the co- location of other providers. City consent, in writing is required and all conditions ofLDR Chapter 10, Section 6 must be met. A structural analysis was submitted and accepted by the Siting Review Committee. There will be no increase in the existing leased area. A Minor Modification request was submitted for the placement of new equipment on the leased site area and is pending approval by the Planning and Zoning Department Director. There were no objections from the members of the Siting Review Committee regarding this co-location request. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVE I Devel pmen De artment Director C;ig.iA ~v Em,., f&Ju~ Planning and Zoning Director City Manager's Signature City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Voicestream\Agenda Item Request VoiceStream MMSP 02-071 1-21-03.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ~ Sprint Sprint Sites USA (;:\IWSf)0201 I)~~ Ilel11brce I~()ad SUite 2~() I~()swell. CAj()()":'() \'nice -"0 --2 2220 Fax --0 -"2 222- November 5, 2002 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33068 RE: Site Address: 3647 Miner Road, Boynton Beach, Florida Sprint Spectrum, L.P. Site ill: MI03XC076 Dear City Manager: Sprint Spectrum, L.P., ("Sprint") as a corporate policy, believes strongly in the principle of collocation. We have found that collocation is good for all parties involved. This is especially true for the neighborhood in which the telecommunications tower is located, in that collocation keeps down the number of towers necessary for companies to efficiently and effectively operate their networks. Other telecommunication providers share our view of collocation. VoiceStream Wirelessrr-Mobile ("T-Mobile"), another telecommunications provider, approached Sprint and requested permission to collocate on our tower located on your property, as well as to utilize a small part of our ground space for their equipment. We would like to comply with their request. Please refer to the Lease Agreement for Telecommunication Tower Site, executed August 1996, Section 10, entitled "Assignment", which says that Sprint will notify the City of a proposed sublease and the City will provide written consent to allow Sprint the right to sublease, which consent will not be unreasonably withheld. As such, we ask that you sign the line below, indicating that you have received this notification to sublease a portion of our leased area, and return this letter in the self-address stamped envelope. If you have any questions, feel free to contact me at (770) 772-2235. Thank you. ( S~cerely, ! ' r j . . . , II ulJ)iVl~_ TonyaXk~ley i I 7( PropertY Specialist' 'J cc: James A. Cherof, City Attorney (via Certified Mail, Return Receipt Requested) APPROVED BY: Print Name: Title: DATE: i/ ~ ;' 1\'1'\';'" w....~ ~\~ I:""'\SN~ Cf2- D-f ~(~:-:... i/-/1-t r. .f' ADDENDUM TO pes SITE AGREEMENT Site Name: CITY OF BOYNTON BEACH Site ill: MIA 9504 WATER STORAGE TAi"IK (3600 Miner Road, Boynton Beach, FL 33436) THIS ADDENDUM modifies and amends the PCS Site Agreement referred to herein as follows: 1. Personal Property, Real Estate and Intangible Taxes: SSLP will pay all personal property and intangible taxes levied or assessed on the PCS system. SSLP will pay any increase in Owner's real estate taxes directly attributable to the PCS installation. 2. Rent: Notwithstanding anything to the contrary contained herein, rent will commence on the Rent Start Date. Rent will be paid annually in advance on the Rent Start Date and on each anniversary of it. The Rent Start Date shall be the earlier of (a) the date which is 30 days after the issuance of a building permit for installation of the PCS, or (b) the first day of the month following commencement of physical preparation of the Site. The annual rent will be $12,500 , partial years to be pro-rated. 2.a Upon the issuance of a Certificate of Occupancy by CITY for TENANT's Communications Facility, TENAi'IT shall in lieu of making the payment of rent for the initial five year term as provided hereinabove, TENANT shall pay to CITY a one time lump sum payment of SEVENTY- FIVE THOUSAi"ID Ai~'D NOIlOO ($75,000) DOLLARS. This lump sum payment shall constitute the advance rental payment by TENANT for the initial five year lease term. 3. CPI: The annual rent for each Renewal Term will be the annual rent in effect for the final year of the Initial Term or prior Renewal Term, as the case may be, increased by an amount based upon the cumulative percent increase of the CPI (Consumer Price Index - U.S. City Averages for Urban Wage Earners and Clerical Workers - 1982-84 - 100, published by the United States Department of Labor, Bureau of Labor Statistics (or reasonable equivalent index if such index is discontinued)) between the commencement of the Initial Term and the end of the Initial Term, or the commencement and end of the Renewal Term, as the case may be, such increase not to exceed 20 percent in any case. 4. Addendum Controls: In the event of a conflict between PCS Site Agreement and this Addendum, this Addendum shall control. 5. PCS Agreement Remains in Effect: All terms and conditions of the PCS Site Agreement and Exhibits thereto which are not inconsistent herewith remain in full force and effect. OWNER: CITY OF BOYNTON BEACH, FLORIDA . ~1 BY: /; (l.,A.ej) ,. ! /~ SS/Tax No. 59-60002lS2 100 East Boynton Beach oulevard Boynton Beach; FIOridJ342? :/ DATE: f//:J/f'L; I : '~,,""'~JJ ~.~'--~~ L-ho . I I SPRINT SPECTRUM L.P". & Oefaware limited ~rmenhip ,1 Wi / i ~ -- / ; /\ , J ,1 . . ! By: ;' ~ . -"..-./'.- '/ 1/ V \./\ i Its: MT A Director Address: 1260 N. University Drive. ~ Plantation.. FL 33322 ! Date: , 01 3J Pi L. I I , I I , I I I I i I I ! .i I i I. I i I I i .' i , .1 \' t" LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the day of 'JU~C' 19 by and between: ut ' ; CI . ' BOYNTON BEACH, FLORIDA a municipal corporation (Hereinafter referred to as "CITY") AND Sprint Spectrum, L.P. A Delaware limited Partnership (Hereinafter referred to as "TENANT') WHEREAS, CITY is the owner of a certain real property located at 3600 Miner Road, Boynton Beach, Florida 33435, Palm Beach County, Florida; and WHEREAS, TENANT desires to lease a portion of said real property to construct, 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, ,f9t. -.#J \. * ,:--"~ \;, ~. . IN CONSIDERATION OF Ten ($10.00) Dollars, in hand paid by TENANT to CITY, as well as the mutual covenants hereinafter exchanged, the parties agree as follows: Section 1. REAL PROPERTY TO BE LEASED 1.01 CITY shall lease 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, including 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 Miner Road, to the leased property and right-of-way for access are hereinafter referred to as the "Property". The said Property is located at 3600 Miner Road, in the City of Boynton Beach. Section 2. DUTIES AND RESPONSIBILITIES OF TENANT 2.01 TENANT shall 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 needs 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 responsible 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 ~\ I . - I ,....... . '. communications equipment to TENANT'S emergency generator. 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 generator shall comply with Palm Beach County's Wellfield Protection Ordinance. 2.07 TENANT shall submit all required applications for permits to the applicable CITY and/or 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 CITY 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 primary 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 _l \ , \ " \ 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 CITY 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 which 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 laws or regulations of the Federal Aviation Administration, Federal Communications Commission or any other relevant governmental 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 lighting 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 CITY 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 TENANT. Section 4. ACKNOWLEDGMENT 4.01 CITY and TENANT acknowledge that TENANT'S ability to use the ~\ ( '\ 0.l' \ '- Property is contingent upon TENANT obtaining, after the execution of this Agreement, all the certificates, permits and other approvals that are required by any federal, state and/or local authorities. In the event that any certificate , permit or approval issued to TENANT is canceled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority, 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 environmental laws, TENANT shall have the right to terminate this Agreement pursuant to Section 7.01. 4.03 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 5. TERM OF AGREEMENT 5.01 See Attached Addendum - Paragraph 2 - Rent 5.02 TENANT shall have the option to extend this Agreement for four (4) additional Five (5) year terms. Such extensions shall automatically occur unless TENANT gives written notice to 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 term. Section 6. CONSIDERATION 6.01 See attached addendum, paragraph 2 - Rent 6.01 (a) Services Provided to the' City. ..-'/" '-1 ,,",' ' - \ ~ . ~~~d' i~nfo t~~enyout~ed.abov~h&'TE~NT/~hall KO'f/de tQe C~~.itt1 ---,~ either $,5,000 ryservlc lor a on~lme cas aymenf'~ $75,00~r a c~.blnat.~ of {I, ~u...-.\ -- both cas and/s rvices, e ualling $~,OOO. In ifld servi~s must be~learry delineated and agree upon y the CITY.' '. , .J . / l/J- 6.02 After the initial term, each Annual Rent payment shall be submitted to the CITY no later than thirty (30) calendar days after the anniversary date of the Certificate of Occupancy. Annual Rent payments shall incur a late payment fee of 1.5% per month (18% per annum), calculated from the Certificate of Occupancy anniversary date, for any payment submitted to the CITY later than the date due. 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 assessed against TENANTS 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. Section 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. 7.02 Prior to the end of each five (5) year term, TENANT may terminate this .Agreement by providing written notice to the CITY at least six (6) months prior to the end of the current term. 7.03 Should TENANT default under any of the terms of this Agreement, CITY may terminate this 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. INDEMNIFICATION 8.01 General Indemnification: TENANT agrees to indemnify, save and hold ~. \ ,";\\ ~.,~ harmless and defend CITY, its City Commission members, officers, agents and employees, from any and all claims, damages, liability, losses, causes of action of any nature whatsoever, which may arise out of, 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 both 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, 768.28, as amended from time to time. Section 9. INSURANCE 9.01 TENANT maintains a risk management program which provides for comprehensive general liability, property insurance and workers' compensation. Verification of said program has been submitted to the CITY'S Risk Management Coordinator. The CITY shall receive a thirty (30) calendar day written notice in event of any change in the current program having an effect upon the breadth of coverage 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 TENANTs 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 unreasonably 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 effect, the City consents in writing, and the co- located equipment does not interfere with existing equipment. \ -- ~ Section 11. COMPLIANCE WITH LAWS. 11.01 TENANT shall 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 governed 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 Palm 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 14. 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 terms 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 effect. Section 15. SEVERABILITY 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, illegal or in conflict with any laws of this State, the validity of the remaining to portions or provisions shall not be affected thereby. Section 16. NOTICES , .~ ~.., 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 P.O. Box 310 Boynton Beach, Florida 33068 WITH COpy TO: James A. Cherof, City Attorney Josias, Goren, Cheraf, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 TENANT: Sprint Spectruc, L.P., a Delware Limited Partnership WITH COpy TO: MastrinalChristiansen Attorneys at Law 2750 North Federal Highway Ft. Lauderdale, FL 33306 Section 17. OTHER PROVISIONS 17.01 Should the CITY, at any time during the term of this Agreement, decide to sell 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 subject 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 leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between CITY and TENANT as of that date. Any lesser condemnation shall in no way affect the respective 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 leasehold interest hereunder. 17.03 City covenants that TENANT, on paying the rent and performing the covenants, shall peaceably and quietly have; hold and enjoy the Property. .\ ;< .....J\ I .. \ 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 attorneys' fees and costs, including paralegal costs, at both the trial and appellate levels. Section 18. PUBLIC RECORDS 18.01 CITY and TENANT agree that a copy of this Agreement shall 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. ATTEST: CITY OF BOYNTON BEACH, FL /nt2~ ~~Jr-- C~CIer1< ~?c&''F7 ~~ Approved as to Form: /}I!y:{~U]Zl.L- City AllDmey / State of Florida County of Palm Beach The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the bf:it day o~, 1996, by Gerald Taylor, ~d Sut: Ki:rc City Clerk and Mayor, respectively. t~LO./t.uCbvt c~Cc.d-~ . I~ .\ ~ J\ '. ',' 1..'. .\ , \' NOTARY PUBLIC SEAL OF OFFICE iA"d.i /J7(lL~ /l%' rn:t ni)~ Notary Public. SllIt8 of Florida "'~-:;'~~""'" ROSE MARIE IA1ANNA f~'it:.~:~ PI'( CQW.4ISSION /I CC3ll2364 EXPIRES ~~.~f August 29. 1997 "~Ri""'~' IlONllElIlllfIU llIO'f FAIH 1NSUlAHCE.1NC. Printed, typed or stamped name of Notary Public exactly as commissioned '~ Individuals who signed are personally known: no identification produced TENANT (print neme) Aut- f/ A/\ C ["r, 5 h~~ - I (print neme) ...p.e.s- '5"',7.,,.,--:- .5~':'(N<.J'"^ \.. e .'1 By: l/'~'-cVV'---- ~l L~ Title: (;,...'1:..,.. 0 !'~" ~,t~",,3"'1":"" -' fI Attested by: 1 ~~ !l. 'A';fl' Title: -V.JL.:I f~~~ :s ,/'" " ,', r. J:s+. STATE OF FLORIDA ) COUNTY OF ~Im CS8eh ) ~ .1l.o~~..U I HEREBY CERTIFY that on this :, ;:;...~ day of 0 ~-~~~,. I 95lc f"1. ~ :;...'-<:..)"-+'':/1-1 t)~ ~ rj jqq<.c before me personally appeared (Y\AJl.-t..','N 1-. J..... f-N ~ of PCS, to me personally known to be the E.~54 ~ OI'r"N~);>.'i?-':, 4~ , individual who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expressed on behalf of PCS. WITNESS my hand and official seal of this .~ ?L day of ~) (.. +-..... h .-.... _ :S..., I 1'1C,L . [\ 0 j ~, (,. -,.- , (J~, __ ;' -==~ /" r.J Notary Public .~d-..:._ 4. '." name) ~ . ~,.) i- "v" ~) '" " ; (print My Commission Expires: I J If /..).0 ~ ~ 900182 Tower.lse Rev. 5/22/96 6/4/96 ~"I:. DEBRA ANN STEPPE ~ t' COMMISSION" CC 524148 ~ ;j EXPIRES JAN 11,2000 't"OF~ ~eceL~~a; ~/; 96: Q:56; ~~'e2/1996 e9:54 95..7. I' > OFFICE DEPOT 71; .2 95447'18 MTG PAGE El2 -=- '- Site:jQi~~SiteI.D. LP 604<6 MTA: r.v~ S~ Areq ENTRY AND TESTING AGREEMENT )... \ \ ,~\.\~W\.\. 9 s-04- THIS AGREEMENT ("~reement") is made and entered into as of the 7th day of Mav . 199~. by and between S' 5 ("Owner") pnnt pectrUIn The Citv of Bovnton Beach. .' L.P. ("Sprint Spectrum"), concerning tlle followmc described ~ro'Perty . owned by Owner ("'Propertyj: W;!l:er Tank ~t:oraS!:e Facihtv A. Sprint Spectrum has an interest in (leasing/purchasing] .th~ Property for UN &.6 a tower or antenna site Cor the reeeipt and transmISSIon of "..ireless commumcaticns signals; and B. In order Cor Sprint Spectrum to determine the viability and feasibility or the Property as a tower or antenna site, it is necessary for employee., agent.! or independent contractors of Sprint Spectrum to enter upon and inspect the Property and/or t.mporarily loca.te commuuications equipment on the Property to conduct short term radio propaption tests, and to make application with local, state and !ederallOV8rmnental entities for approval of the Property as a. tower or antenna site; and c. Owner and Sprint Spectrum desire to pl'OVide mr the Clntry upon, inspection and/or testint activities, and appli~tion8. coDcemmg the Proputy pursuant to the terms contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consid.ration set forth in this Agreement, Owner and Sprint Spectrum agree as fOllows: L Consent. Owner consants and &lZ'ees that Sprint Spectrum, ita employees, agents and independent contractors ('"Authorized Partieaj may enter upon the Property to conduct and perform some or all of the following- activities rPermitted Activities''): surveys, aeotechnical soil bOrings and analyses, phaiQ I 811vU:oumental audits, boundary surveys. radio propagation studies, and such other tests and inspections or the PropertY which Sprint Spectrum may deem llecessarr or advisable. Sprint Spec:t:um agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the PrOpartf. S,fift& ~ ~ ml Tna.r A""lIICIII v'maII 1.0. Dared t 1.'0.95 1:\&c.._\rOl1JlU\purebaM\cIIInnt._ S.......ra:3/1W96 RECEIVED t'DR 2 1991 CITY MANAGER'S OfACI l~~.._C: ~I .-'g6; Q:56; n4/e2/1996 B9:54 Q5".7" 95447 .~tlf:l .. OFFICE OEPOT 71; .3 MTG PAGE B3 - 2. Filings. Owner consents and aerees that the Authorized Parties may make and file applicatiolU on Owner's behal!to such local. state and federal governmental entities llI'hoae approval Sprint Spectrum 121ay consider necessary or .elviaable to have the Property approved u a tower or antenna site. includinr. but not limited to. gaverttmental approvals for ?;oning variances, rezoning applications. buildinc permits and wetland permit.. Owner hereby agrees that aD executed ccpy of this Agreement is as effective as the originaL However, if requested by the Auchoril;ed Pu-cies, Owner agrees to execute IUcll other and further documents a6 may be req,uired by the governmental entity in question to evtdence Owner's consent co the action which is proposed to be taken. 3. Access. Owner agrees that the Authorized Parties may enter upon the Property to perform the Permitted Activitie6 upon execution oitms ~ent and may have acces8 to the Property (or up to l"2.C d~ eekslmonw]. . 4. Removal ot Property. Sprint Spectrum al1'e.. that it will. upon the conclusion oC the term af this Agreement, I'8+p.,ove any IIquipm,ut inltalled on the Property as a part of the Permitted Activities. repair any damage to the Property that might have been caused in counection with &IlY of the Permitted Activities, and will return the Property to the condition it was in belen Sprint Spllctrum'. entry onto the I':operty. In the event any equipment installed on the Property by Sprim SpectrUm il DOt tim.ly removed, Owner will have the right to remove 8uch equipment and Sprint Spectrum acreea to be responsible for the reasonable costs of such removal 5. Indemnity. Sprint Spectrum acrea. to indemnify. save harmleu, alld. defend Owner, its directors, officers. employees. and property mlUlagement agant, if any, &am. and against allY and aU claima, actions, damap., liability and expense jn connection with penonal injury and/or damace to property arisinc &am. or out oC my occurrence in, upon or at the Property caused by the act or omission of the Authorized Parties in conducting the Permitted .~vities. Any defense conducted by Sprint Spectrum of any such ,.~i,,"s. actions, damares. liability and expense will be conducted by attorneys chosen by Sprint Spectrum. and Sprint Spectrum will be liable Cor the pa.ymeat of any and all court costs, expenses oeliciration, reasonable attorneys' fees and any judgment that may b. entQred eherein. . FM 6. IlLSurance. At Owner's request. Sprint Spectrum a 81 to ~ f; provide a certificate af insurance evidencinr Sprint Spectrum's i urance P coverage. SfIW S.-c-I-r .... Talilll A",,_ VeniDll t.o. 0.... ll.J009$ 1:~PIIl'dIuI~dOc S........:JIIWM 2 ~~celW~~: ~ ~/~~; ~:5r; ~5; - '42118 .. OFFtCE DEPOT 11; .. a4/e:,1996 B9:54 95447. lB MfG PAGE 84 7. Governinc Law. The parties agree that the interpretation and constructioq of this -~ement shall be aovemed by the laws of the state of \'2=\ 0" \ c:la. without regard to such state's conflict of laws provisions. IN WITNESS WHEREOF. the parties hereto have executed this Aereement as of the day and year first above written. SPRINT SPECTRUM L.P. OWNER: aU: Name: Title: ( "- Date: By: Name: Title: Date: ~iJr:~ rA/y- YY1Cl,10 t; t:'A /YJar' ~ I /9 ?h Spri. Speanm &llry aIlS T-c AIR_ VlniaCI u. ca... 11.30-" I:~rcauc\allnuc.dac Savea_:N1Me 3 CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one cooy of aaenda reauest (with back uo) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates DDecember 3, 2002 December 17 2002 DJanua 7, 2003 [glJanua 21 2003 DFebrua 4 2003 DFebrua 18 2003 DMarch 4 2003 DMarch 18, 2003 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office -P&D CRA Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached [gl All exhibits are attached & marked e. ., Exhibit "A' [gl Department Head's initials: L VoiceStream Wireless ~ ~ ~ L...P. Please do not write in the shaded area below. Legal Department signature 0 ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: City Manager's signature o Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKLIST form Dee 3-Mareh 18, 2003.doe on (Date)