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CORRESPONDENCE The City of Boynte~ Beach ,C{r,) ~ / / " '~ ----./, City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@cLboynton-beach.fl.us www.boynton-beach.org February 4, 2003 Ms. T onya Langley 1357 Hembree Road Suite 250 Roswell, GA 30076 RE: RESOLUTION #R03-016 Dear Ms. Langley: Attached please find a copy of the above mentioned resolution and an original consent to collocation agreement made with Sprint Spectrum loP, Please return to me as soon as it is fully executed for Central Files. If you have any questions, please do not hesitate to contact me, Very truly yours, CITY OF BOYNTON BEACH T M. PRAINITO, CMC, CITY CLERK C: Planning "'3 :~-.i1..... {.~, L -. (. 1 ; (--', r America's Gateway to the Gulfstream DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment C )7 k? ~ h (--~;f ( ) _ ~X/<j~:j cf/ 17", ilt'~~{''-- C J February 5, 2003 Ann Hoctor Cross Roads Business Park 8100 SW 10th Street Bldg. 3 Suite 1000 Plantation, FL 33324 J ,~'1H( !-- /-:~ - Yz' V~~? /S Z:<-c-~L ~t:' . -;r ) RE: Sprint Tower @ 3647 Miner Road MMSP 02-071 Co-location with V oicestream/T -Mobile Dear Ms. Hoctor: In response to your request for the administrative review and approval of the modifications proposed to the above-referenced, approved tower site, please be advised that the co-location of three (3) antennaes, Marconi PPC cabinet, wave guide bridge and three (3) BTS cabinets as shown on the elevations date stamped 12/17/02 are "minor" as defined within the Land Development Regulations, Chapter 4-Site Plan Review. The project may continue to be processed by the Building Division as a permit application subject to the following conditions being satisfied prior to the issuance of a building permit: tAfJ Provide an executed co-location agreement with T -mobile to the Planning & Zoning Division; b) Revise the site plan document (pages T-I and A-I) to indicate the correct jurisdiction and zonmg authority as Boynton Beach rather than Palm Beach County; ~ ~ c) Revise the appropriate documents to correct the discrepancy between the Structural Analysis report and the proposed site plan drawings which discrepancy involves the identification of the tower as both a 150- foot tower and a 146-foot tower; and ,d) Revise the proposed site plan documents to identify and label the boundaries of the leased parcel. The required revisions should be made and the revised drawings submitted to the Planning & Zoning and Building Divisions as part of the permit application. These documents must include the executed lease agreement for co-location. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, /1.-()z:- Michael Rumpf Director of Planning & Zoning Cc: Lusia Galav, Principal Planner Jose Alfaro, Planner S: IPlanninglSHARED\ WPIP ROlECTSI V oicestreamlApproval Ltr, dot City of Boynton Beach. 100 East Boynton Beach Blvd., P.O, Box 310 . Boynton Beach, Florida 33425-0310 nL____ /~f!!aA\ -YA"'I f!!a"f/!!n _ ...._._... _: ...._._~__ ....___.... __ Sprint Site #MI03XC076-02 VoiceStream Site #WPII02 EXHIBIT" A" TO THE MASTER COLLOCATION SUBLEASE AGREEMENT Site Lease Acknowledgment [, This Site Lease Acknowledgment (" SLA ") is made and entered into as of this l~~y of__/II- · "I'JI i , 2002 by and between SPRINT SPECTRUM L.P., a Delaware limited partnership and any Authorizedl Landlord identified below, hereinafter designated as "Landlord" and Omnipoint Holdings, Inc., a Delaware corporation, a participating subsidiary of VoiceStream Wireless Corporation, a Delaware corporation hereinafter designated as "Tenant" , pursuant and subject to that certain Master Collocation Sublease Agreement (" Agreement") between Sprint Spectrum L.P. and V oiceStream Wireless Corporation, dated as of October 14, 1999, as amended June 6, 2000. Unless otherwise defined herein, all capitalized terms have the meanings ascribed to them in the Agreement. 1. Subject to the terms of the applicable Ground Lease, Landlord subleases to Tenant a portion of the Site located in the City of Boynton Beach, the County of Palm Beach and the State of Florida, more particularly described as a 20' by 40' area containing approximately 800 square feet 3600 Miner Road, Boynton Beach, Florida, 33435 together with the non-exclusive right for ingress and egress, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits and pipes over, under or along a 20' wide right-of-way extending from the nearest public right-of- way, Miner Road to the Premises, the Premises and right-of-way for access being substantially as described herein in A tt~{'hment "1" to this SLA attached hereto and made a part hereof. Tenant has the rig] ~ c7E ".- to Landlord, only the Communications Facility described ~ ng locations ("Premises"): Landlord's Site N, 'I ('/t';k '((,5' peed, < 76,02 Tenant's Site Ref( 1 Manufacturer and _~ ("\. ~~~ ()~d cQ ,/ Number of Anten \"- <:... ,.- e.- * '\t3) {:;, <.rf- Weight and Dime '\ Number of Trans S -17' (( ~~C Ls _ Transmission Lir / Diameter of Trar &l~" )/a'c VV'\).Q -,-f (j Location of Ante II Structure (as de C'-/--/9 17:f' C 0' kee.-. -rf~~,'\.. " L Direction of Rae _' ( ('; / /' j , ,0, 3000 Equipment Bui~,S h,e L.- Gy:t;.'~/~,/ 7^Cc~ (kr (as descnbed 1J fY~ S P '{';'\"-. -( . j Frequencies/Max Power UutpUt: 2. eless/RR65-19-XXDP ~"x 8" x 2.75" (18) LDF7-50A (112 sq.ft.) W-1945 MHzlRX: 1860-1865 MHz 250WattsCW 3. The Fee due and payable by Tenant to Landlord is set forth in Attachment "7" entitled "Fee Schedule". The Fee for the Premises will be increased annually on the anniversary of the Commencement Date as defined in paragraph 4 herein by an amount equal to three percent (3%) of the annual Fee for the previous year. The Fee will be payable to the Landlord at: Sprint Sites USA Department CH10232 Palatine, IL 60055 Landlord Initials 1 t\r Tenant Initials + Sprint Site #MI03XC076-02 V oiceStream Site #WP 11 02 4, The tem1 of this SLA is five (5) years, commencing upon commencement of construction or installation of equipment at the Premises or ninety (90) days from the date hereof, whichever occurs first (Commencement Date). For purposes of this SLA, any physical activity on the Site by Tenant, other than those preliminary activities set forth in Section 5 of the Agreement, will constitute the commencement of the construction. Subject to the terms of the Ground Lease, this SLA will be automatically renewed for four (4) additional consecutive terms of five (5) years each. 5. The parties acknowledge that Landlord's rights in the property derive from a certain agreement dated August 1996 between City of Boynton Beach, Florida and Sprint Spectrum L.P., hereinafter referred to as the "Ground Lease" and attached hereto as Attachment "4" to this SLA. 6. The consent of the Ground Lease landowner to this SLA is required. 7. Any notice or demand required to be given in the Agreement will, in addition to the parties identified in Section 25, be made to the following Authorized Landlord: Sprint Sites USASM, 1357 Hembree Road, Suite 250, Roswell, GA 30076 Attention: Property Manager 8. The list of contact persons is set forth on Attachment "6" to this SLA. IN \VITNESS WHEREOF, the Parties hereto have set their hands the day and year first above written. By: Sprint Sites USA'm, its Agent TENANT: Omnipoint Holdings, Inc" a Delaware corporation, a participating subsidiary of V oiceStream \Vireless Corporation, a Delaware corporation ,'//') By: T)'~t y'" ,,) \-v,-__ Name: Patrick Monroe Title: Patrick Monroe .' Da~trector <Jf Fnglneering and Qperauons LANDLORD: Sprint Spectrum LoP., a Delaware limited partnership ~ ,. f(' ...,p:. . ,1 :~I i ' ..' B .~_-~--..~ /J /, ;;/t. ',- Name: Lawrence M. Callander Title: Dirctor - East Region Date: 1 I ~ II; "~ I " '10-\ ).c. \ c ). Landlord Initials :/1i'''{:. 2 '\ r' I I'r \ 1" T 'I . . I' , enant mtla s ". ~- -, Sprint Site #Iv1I03XC076-02 V oiceStream Site #WP 11 02 Attachment" 1 " to the SLA Description of Site The Land is described and/or depicted as follows: See Attached Drawing One (1) page The Utility! Ingress and Egress Easement is described and!or depicted as follows: See Attached Drawing One (1) page Landlord Initials d/--rc., 3 Tenant Initials . \I'~-- ''.} ~~ ~ ~ o u .; . ., '" 0 g '" C\J ~ I " "I '" tl .s ] ~ '" e C..) iG h"l " ~ 0:: ~ ~ ~ j: ~ ..... ol:l .t:: 1= t:: 0;:"- Vl:r: J} e " _\!:l Q<( ~ll~ Ii ~6ffi ~ tJ iL: ~\!:l ;;; ~ ~:"~ f: . i ~ ~i ~~~ 2 ~.~h~~IDn;i ~ ,d;P!3H~', ~ ~BUh !h~i~n n ~~!~ mi~ !.'.' i~;~ ~~~ I' ~ :!! h ''"'o..j ,;~ ;'1H Ii!!: '. H' '~fi H;,' j! li ,. ~'*-: ". ......l; ~! .i~i ~;~i,; i'ff!i ~! I !i, j~,~~ ~;~;; ; i 1!1 ~,iilj ~8~8' i i hI :~h: .~.ll~ * ! l~~~l ~..:; ~~i h II t , :n 8~ ~ ! i It.x~ ~ ~. ~! .';:~Q."'Ql~ ~ ~~ a . a~ . ;~~h~'~~ p~S' .,,8';UO dh~hUHd~~ . ~ I ~ hi '" ~ ::: ~ t:>'~:: ~ <l '" .... .. r8l~ ~ $ ~ ~ ~ ~ 1. . 1 ri ;e ;1 r 0 H-~~ ::lH IJ ~.~ ~; j-;~i ~ggg8 ~ l ., t ~: i;~; ;;;;; !; ~~ ;;t! Ui UBi ~~ Q. !r~f!:: :~::: ~I Jd ll;id! I!]!~ i~ ;;; 1::;~i~~~m~L H l;~ 1~~~:Ii~il~i~5~1 ;,! ;i;thi~Hm~ a ,:' I -.. ',.n.., ,. l,j ll!N~ ~ml 'f .Ii "~]m~hmd B i:E ~ ~ I !!ni H;~ i1.. ig" ;i ~:' l~ ~~i ;i-.;~ :,' _i_i ~~ ~i iff !r~!!:: ;: m !~m rt H tqf :i;i hii~ ~f J~f ~:::~~:",l i~ :h 8U~~:~~: J! '. " .~ :~ ~ ~! ..,....., "--=!tGrOS>1 ":;1_ lOOI tIC ms_ " -~-~"i n'q,ycCsr 6lL}-~srp::I .,.,.. ~..~~ ',. .. ; (- -g .~ "tl "",: ~ 0 .;:;~ 0> l:::i . . ~~ H II <C<t-<CO k <i'<y ;!:c 7' ~o .. ~~ ~ Ii ~I~~ f~ .~. ~ W8 ~.. g I",.j ~~.. ~~ i d~ ~~ I"!: ~~ ;. m -i .~~!. . .~ ,~~ . , .~~ 3 "l >8 o.".i '~'- ~. ~~ ~i~ ~~ .ii~ ~ ;~ =1 :~D H ;tb i n ~a ..II' ' .li.~ f ~t~~. ~'I' ~ ~ ~~'H ~~~~.l~ ~~I~~'" ~~~ .- ~~. t f ~~r" ~d I~ ~~i ~~ ~ y=~~ ~ ~.. E~ ~~~ ,~ ~ ~;ll~ ~ ji!1 :(~ .~~ .i~, ~~~" ~ ~ i!? ~ ' ~ ~ . f~ ~ ij\ jll~ i ~ r~i d~h I i: ~!~ !~j~i t it i]' '1~1htE 'i l~! ~.,. [I-I 10 -.: ~lll,2~' i, ~ r~ ~~]n;~: l~ :::: E::: kl , l:::i .: ~ ::::J Q ~ Q l.l " '" ~ " " ,~ ] '" '" < :g ';; .. '" < '" '~ '" -'..0:"''<~ ffi I I i I ~ II~ Ii 0 I I I i I~' Ii i i ; i i "' . . l~ lJ: ! I! u' ! ili:~ h ;;ii! H :1 'il Iii l,ill :h j. !It glm II II' .I'!I ~!h~ ! ~ ~!~H.~, !: I~.<>t;, ~~~~;1.; ! ii:l~i~~ ! I? L I ~l ~ O::w ~ "" ! S ~~!~.~ i ~ I-Vlc ~~ ~~I~gu &if~ G i al ~5 ~ g~ ~ t5 Ii 0 0.5 'I ~ ':lID i ~ r , ~ ~ d i o'~~" ~~~"i o . ~ a tn~~~ ~n~ j~~: G:1~:l t:;;( ~..\, Ie .' \ ~P: od"i :?: ~ Jt- l ~~ U. a' In !i .dIn ~ t J II! n . I Sprint Site #MI03XC076-02 VoiceStream Site #WPII02 Attachment "2" to the SLA Location of Antennas The antenna mounting heights and sectoring is described as follows: See Attached Drawing One (1) page Landlord Initialsc,;J, 4 Tenant Initials \} (' Sprint Sites USA: M103XC076-02 VoiceStream wireless: WP1102 VoiceStream's Proposed Landlord Initial, ;.'~,I"i ). ._,"'_i ~'_"i'''''-<''. VoiceStream ...... ()l q ..... s: (..) 0 u:! ~ ~ 0 (') 9- r (I) l(O ~ (') r SCALE: NONE ..-- Tenant Initial~ Sprint Site #MI03XC076-02 Attachment" 3" to the SLA Equipment Building/Ground Space V oiceStream Site #WP 11 02 The communication facilities are described as follows: Landlord Initials,. '( See Attached Drawing One (1) page 5 '\~~ Tenant InitiaIJ\]L-,_ Tenant Initial 40' SCALE: 1" = 5' Sprint Sites USA: MI03XC076,..2 VoiceStream wireless: WP1102 'l( 20' 5' Landscape Buffer Ice ------------, I I I I I I ~-------------- Sprint pes S' 5' Landscape Buffer WfJ )0 20 Sliding Ga Chainlink Fence ~ r\:v' Landlord Initial!, ! ~) Sprint Site #MI03XC076-02 VoiceStream Site #WPII02 Attachment "4" to the SLA Ground Lease The Ground Lease with the underlying landlord, consisting of sixteen (16) pages, is attached. Landlord Initials 6 Tenant Initials\}i/ LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE , t t THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the day Of~~;j1m by and between: ~- ~~ BOYNTON BEACH, FLORIDA a municipal corporation (Hereinafter referred to as "CITY") AND Sprint Spectrum, L. P. A Delaware Limited Partnership (Hereinafter referred to as "TENANr) 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, ~ '" 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: , - t t Sectiort 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 C ITV also reserves the right to at any time during the lease, install or have installed other antennas for government usage on TENANT's tower. All antennas shall be placed at an elevation as to provide the most effective use and with such approval not unreasonably withheld; provided. however, 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 ~ communications equipment to TENANT'S emergency generator. 2i06 TENANT shall furnish, to its unmanned e.quipment structure, electric or telepho~e 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 Prop'erty 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 Agre~ment, 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 ~ 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 sank may be extended. If any such interference occurs, CITY agrees to eliminate, if the ad.ditional equipment is operated by the City, i 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 asmay 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 ~ 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 TENAf'tr is canceled, expires, lapses or is otherwise withdrawn or terminated by a governtnental authority, so that TENANT is unable'to use said real property for.its intended purpose, TENANT shall have the right toterminate 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. ~ In ~di,tc;n the r. n~tr ed a~, e ENA ~n~1I n~vi~C~W' ~ either n se . s, or ne time paym 0., , or mbin 'on of mJeN...l~ bath ca;h ,{n'\i servic eqw:}1 in I kin~e . yhust'be J earl d n te~ and agre!d uPoo Ij the ny. / , 6.02 After the initial term, each Annual Rent payment shall be submitted to th ' 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 manth (18% per annum), calculated from the Certificate af 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 af the demised premises of this Lease. Section 7. TERMINA liON 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 af 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 af 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 ) 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 occJ.Ipancy 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. 1 :1.01 TENANT shall comply with all statutes, laws, ordinances, rules, regulati~ns 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 ~ertified mail, return receipt requested, to the following persons and addresses: t t r 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, Cherof, 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. ~ 17.04 Attorneys' Fees. If any party obtains a judgement against any other party by reason of breach of this Agreement, the prevail~ng party shall be entitled to reasonable attorneys' fees and costs, including paralegal costs, at both the trial and t appellatr 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 ?::c't::!~~~ ~~ Approved as to Form: Mayor 1!!'ctu1f~~ City Attorney State of Florida County of Palm Beach The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Flo.rida, on this, the ~ day o~ .1996, by Gerald Taylor, ~d Su~Gity Clerk and Mayor, respectively, , I Vi (A.,U;' , c~Cld- + ~ - ~ , NOTARY PUBLIC SEAL OF OFFICE OCtlP /J7~ ~fin'W1~, Notary Public, State of Aorida ",,~~~:'fi:::'" ROSE MARIE LAMANNA f.~'JJ~:t;""= MY COMMISSION' CC302364 EXPIRES \i~f August 29. 1997 ';.;f.~r.-~' , BONDED nmu 1lIOY FAIN IllSURANCE, INC. Printed, typed or stamped name of Notary Public exactly as commissioned Individuals who signed are personally known: no identification produced TENANT .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ." .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ~............., .. .. .. .. .. .. .. .... ......... .. .... ........ - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. ... .. .. (print name) !l1 r) . / A C "'nlh~i~ (print rime) ...e&8 Sfll"-1\ S67ecraVt'Y\ L--. (? ~~~ Title: EtJS' V' OP'fTJ s. ':D,hc?/nL v Attested by: l,.\).~ ~ ~"'" ' Title: )>ROfM--~ .$cf'" ~ I' D.-(:.3+ STATE OF FLORIDA ) COUNTY OF ~ed(.;h ) ~~U I HEREBY CERTIFY that on this 3o~ day of \) c..ioh ~ ~, 1CJ9lD before me personally appeared ,^,,-D-tLV;~ L. '-"'HI-€- of PCS, to me personally known to be the ENS- --f- O/"h-J5>, '2>~ ~~f-oL, individual who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expre_ssed on behalf of PCS. JiJ I WlttJt;fp JJ:lPnd Offi~ia)11&. of this [0d-. LLJ~~ Notary Public day of , ";;;D.e-hiH-f),J,J -S-h-f}{l-'> name) (J (print My Commission Expires: J lit laOOG ~'<< DEBRA ANN STEPPE 900182 a: () COMMISSION # CC 524148 ~ t -.A EXPIRES JAN 11, 2000 TowerJse ~Off\.Q' Rev'. 5/22/96 6/4/96 i r r ~ ...., .... ..~ -.. COUHTr 0.. PALl( JUOll nuD llo....92.z._.,~Jlttl' ::i:ie4 ITATZ or 1"LOUDA f1DIOU(;l. Tn TRUSTEES or TIR 1NnlUl..u. tMnO\"aa:IlT nnm OF T1lZ ITA TIC or FLORIDA" CIU.'ITOR TO TKi: CITY Qr BO"""'llIf llt'lI'. ellM -... ~~ ot-.l).1,X IIUCl! ItMo el ".GllT-,. CIlANTn: wtnIt:S8I:nI i _ WIlp.t.U. .. ......_ el.....w- elloctioa . el ~ llaC. lA... el l1ori4o, Ado .f un, 1lU. .. tIl. Iud. .........,...... -... ...... .. u.. S\aI4 el n.ru.; .... .... lAW fta.. ., lAW s.cu... ., Ml4 Claaptu ~~~.:c=~ ~,~~ =t.~~::r tdotll:"itt'h~..t FII64 ., u.. IC>IOW ALL 1(lDf lor na:u: naDITI: n.at .... ._ el """" u..--. u.. Tnoo&.M el u.. b&onol ~l ,.... ol .. awe oll!ori4a. -... ..u...t17 ol s.ctlM . ol ~ U2H, lA.. ell1ori4o, .Ada ol INt. .... .... ~ ol ~ u..... o\&to ol Ita, f.. .... .. --.u.. ., till --..at ., 'o:!:: :f'.n:~ "''IP IlOlloo ----- "Ou..us ,,100.00 )...u....u-.t,.w..........pt.,""1cIa ~~~~=~~~~-:.r.t:::~~~"1.=.= Qa&pW 111&4, Ado oliN&, .no 1M.... 01WnU, ITS ~ u<I ~ ... u<I to Ill. loIIowirar ........ ...... ...... l1Io<< ... ...., .. u.. c-l7 ol n.QlUl)J.~ Sua. el ~ .. ,..,....... to, WaW\oi .... ~ ., 1\0&. .... c.-11 &u w. -W:lc&t.oo &.-wll: ~ ~.!!. ~rl;'Uall pl. t ~'"'' ~ 1.0~1) 1926 Lat. 142 to 190 1nCl'Ulv.. -laek D. ~)la6 19)) lornton !!11h ~ .. -" 1)~2A 1927 Lot. 7 to 10 In~lu.IY.. '110ck 2. lan06 19)) r.l~ !'"o~ Cauntl'~ Club ~.t.ttl 11 :') l~~!I) 192'1 lott ~ to ~ 1nelutIY.. !l,ck 1 :':l~~&l 19)) ~oo<'l"ntt 1!1~1. 12 ?J 10~~5 19~" Lota :1 1.0 :, 1."':cl.1II1 Ye t 310e); 1 ");:' 19)) :'-oodlo"c\ 1(11h H :-~ 1'''87 19,28 lot. 5 ~ e lncluIIY,. Block 2 ")227 19)) ';toodl....: illlh 1: ;') to 2~ lnohulV., !lock 2 1: ~, 10la<3. 19~B loU 21 '. 1&):29 H)) ~ ~oo,1.!...~ Eill. 10"91 19:~ Loti ) '0 6 1no1"01.... Slack ) 11 n ~J2)0 19)) ~.,of.l-~c "1".1t 56114 1930 Lot 1065. C~tl'r)' 10'111& II 5~ la~Z69 19)) 56n 19):1 Lot 5l0. CII.M")' HUll L ~~. 4)29" 19)) 1'''95 19:7 Lo~.~to 10',111 to lr.o. '>otIl1r.elu.ln. ~~ LJla7la 19" _Ill! lo~. 1~2...n<t 110', AMon 7'l'k .Addlt1on 2 I&laOl1l 11" LoU 2~. 21 ..... 2'1. C.ntrol 7"" 1~ 1: . \ \~ ~' ~, \ t t r h ..... .~. ~ ... . . .. ,.. ....,.;.. h._ . .; - ..'<i :~....:: cml040ubf9 AS TO ALL L.UlD5. tk>OlI........, _ tIoo llla. iii n.w. tIoo lItIo to .. __ _ '-"If iii .. ~ ... pdrolooo. JInd_ ... lItIo . .. -.uN _ '-tIoo iii .. _ __ __ _, 1M f.... n .., ...... 11M ..w.........- wtt.k 11oo ........ _.., ~.IWo""" oqlioft roc,... 1e.....:oaoI ....... __ SoW poMIocot .. oqoWo. ..... ... ....... II" 1M _ .. aM _I&MO _ ..., .maId- pdItT, tItJo do,"- oUT _ 11oo _ iii tIoo __ _. .LI _ ..-orioI1o -""- .u TO ALL I..UnlS ..taWo tt aq .aidPaltv. .. iii WI ~~ 10 ~ _ tIoo Stat. iii ~ &II __t f. .toto 1'064 rlctt iii.., <- ~ CIllO) __~ ~ ~.. _ ololo o! tIoo _ u... iii ~t.('iOt, ~u:t :W"'"":: ~ WI - ~.. -- . ........ - dooalbod Sa 10 - -- TO JU. n ~riJ ~ tile ....... ......... ... ......... ....- . tIoo ooli oa.unu. oaL.J..~ _.......... __. a111i1_ iii ~ _ aM n... at-w. ~t.~C%~.:r~~~ =: =-1Ioo1li.::.a~~'~ ~~..s= ~ ~.tIM.b: ~...t~'eI.''tlM I.... iii ~..IM _ NIbod..1IM <:ac&l. III tho <'.rt;r iii . . .....,_. _....' '~4&7 ot~. ~Ot'. J..I). 1951. 1aLU.l " " l ~, ..' . nr: or n.oaJDJ. lIT. . nimua~,j.l ~Y~'7}OdI:.., v' , .~~:i;~.:;j;;::' cnu.f ..' .~~~~ :,...- oa 1D:.U.1 OOIlO"DOLL%ll In.o.Ll nLUUUli la:v.u IlIULI ~ ." .. '::." >:;-i :.:~::../>.:.:~... .,' ::.1.-:-:7' ::---:__ ..-.- , J~ ~ ...__......_..t'r"lL e ...~ 1IIt'.- _""Il.J w.;'#f/"~IIIi". 111IoI"- CIooO _ Cooo\," _ 0l00II. "'", ~~ "-<r o.t. -.--...-.... ---. . - - .::: ;~'" . \:.:~ ;~~~Aj.; !:~ff~":.~:~~!.;~.;ri.:,;~ :;~:.~~;;..",;._~ :: ;';:':':':;" . ) .... ; \ \ \ "" ~, ADDENDUM TO PCS SITE AGREEMENT Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9504 WATER STcjRAGE TANK (3600 Miner Road, Boynton Beach, FL 33436) ,.. "'.." ---'r" , '... ,.., '" , TIllS 'ADDENDUM modifies and amends the PCS Site Agreement referred to herein as follows: t. 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 lor 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, TENANT shall in lieu of making the payment of rent for the initial five year term as provided hereinabove, lENANT shall pay to CITY a one time lump sum payment of -- -. .--- U_) DOLLARS. This lump sum payment shall constitute the advance rental payment by TENANT tor 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 Tenn and the end of the Initial Tenn, or the commencement and end of the Renewal Term, as the c~se may be, such increase not to exceed 20 percent in any case. 4. Addendum Controls: In the event of a conflict between pes Site Agreement and this Addendum, this Addendum shalt 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 BY: SSrrax No. 59-6 002 2 100 East Boynton Beach oulevard Boynton Beach, Florida>>~ ;/ DATE: fllA fr::;; 1 I ~ ~ t, - , , r ..~il:/t""I:~.,..ilNI)~4' If , L ' i:Ir i f . I :m~ECTRUM~.~erjmited By: -I4.(L1'~ ~ i ,Its; .~. . I Ad~: mvers4y Drive'~ F: Plantation. FL 333~ I , "Date: ' ~'~19tc,. ! ~ I f ! i I. I I , t i I ! '1- i i f. i i I i. .1 I i I . ; I i I i .1 '\ '\ i I I I I I i I I . I. i I I ~ I I ! . i . ! i i i I I .......... ........ ......... .. . . . . . . . ......... ........ '.~.:.:.:.: ... .... . . " ..... . . . . . . ... . . . . . . . . .. . . . . . . . . . . . . . . . .... . . . . . . . . ....4...... .~ ~ Sprint Site #MI03XC076-02 V oiceStream Site #WP I 102 Attachment "5" to the SLA Landowner's Consent Owner's consent is required per Section Ten (10) of the Ground Lease. Landlord Initials 7 i~ ,.-",,' , ! ~ Tenant Initials __~_ Sprint Site #MI03XC076-02 Name Property Manager Vice President Sr. Director of Operations Contracts Manager Property/Lease Mgmt Landlord Initials~_ Attachment "6" to the SLA Sprint Sites USA SM - Contact List Address 1357 Hembree Road Suite 250 Roswell, GA 30076 Mailstop-GAROSD020 1 6450 Sprint Parkway Overland Park, KS 66251 Mailstop-KSOPHN0204-2B721 6450 Sprint Parkway Overland Park, KS 66251 Mailstop-KSOPHNOl16-1B621 6450 Sprint Parkway Overland Park KS 66251 Mailstop-KSOPNOl16-1B272 V oiceStream Wireless/T -Mobile - Contact List V oiceStream Site #WP 11 02 Contact Number 770-772-2235 Phone 770-772-2227 Fax 770-772-2220 Main 913-315-9246 - Phone 913-315-0778- Fax 913-315-9080 - Phone 913-315-0759 - Fax 913-315-9049 - Phone 913-315-0779 - Fax 3111 W.Dr. Martin Luther King, Jr., Blvd. Lake Point II B1dge. 813-348-2536 - Phone Suite 400 954-693-7206 - Fax Tampa, Florida 33607 8 Tenant InitialSBC ....J Sprint Site #MI03XC076-02 V oiceStream Site #WP 11 02 Attachment "7" to the SLA Fee Schedule The Fee due and payable by Tenant to Landlord is set forth in Exhibit "C" to the Master Collocation Sublease Agreement between the parties dated October 14, 1999 and amended June 6, 2000 and entitled "Fee Schedule". The Fee for the Premises will be increased annually on the anniversary of the Commencement Date, as defined in paragraph 5 herein, by an amount equal to three percent (3%) of the annual Fee for the previous year. $1,300.00 per month for Nine (9) EMS WirelessIRR65-19-XXDP antennas and Nine (9) 1 +5/8" cable runs located at a single attachment height of 135' (ACL). Ground Space Dimensions 8' x 14' (1l2sq.ft.) $ 300.00 per month for Nine (9) additionall +5/8" cable runs located at a single attachment height of 135' (ACL) $1,600,00 Total Monthly Fee The Fee will be payable to the Landlord at: Sprint Sites USA Department CH10232 Palatine, IL 60055 (Annotate Sprint Site #MI03XC076-02 on all checks) Landlord Initial~in,,{'"f c"J/ \~~ 9 Tenant Initials ~u