CORRESPONDENCE
'/'he City 01 BoYlltoll Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
June 21, 2006
Mr. Jason Laskey
SBA Network Services, Inc.
5900 Broken Sound Parkway NW
Boca Raton, Florida 33487
Re: Verizon Wireless @ Crown Castle Monopole - 1314 Neptune Dr.
MMSP 06-035
Dear Mr. Laskey:
In response to your request dated May 18, 2006 for the
administrative review and approval of the modifications proposed to
the above-refer~nced approved site plan, depicting the following:
. Installation of antennas at 109 feet in height on the existing
monopole and location of three (3) radio cabinets and one (1)
battery cabinet in the expanded fenced compound (as depicted on
the attached drawing) .
Please be informed that the proposed changes on the revised plan
date stamped 06/28/04 are "minor" as defined within the Land
Development Regulations, Chapter 4 - Site Plan Review. This project
may continue to be processed by the Building Division as a permit
application, subject to the following conditions:
1. The conformance of the landscaping around the tower, as approved
and installed per the original site plan for the tower. The hedge
material around the entire fenced compound must be a minimum of
one-half the height of the fence. The new trees should match those
originally installed, and any missing trees shall be replaced.
2. Use of screening material on the proposed new gates to visually
shield the equipment in the fenced compound from view.
Be advised tha~ the proposed changes may require a modification to
the building permit. Please contact me at (561) 742-6260 if you have
additional questions.
Sincerely,
Ed Breese, Principal Planner
Cc: Karen Main, Plan Review Analyst
Kevin Hallahan, City Forester
Page 1 of 1
{ 'l>,
Rumpf, Michael
From: Rumpf, Michael
Sent: Tuesday, June 20, 2006 10:46 AM
To: 'Jason Laskey'
Cc: Breese, Ed; Coale, Sherie
Subject: RE: Verizon Colocation - Crown Castle BCON Site
Jason, I now have all responses back from the tower review team. No issues. I will move it along in the minor
modification review and then it can proceed through permit review.
Mike
From: Jason Laskey [mailto:JLaskey@sbasite.com]
Sent: Monday, June 19, 2006 4:27 PM
To: Rumpf, Michael
Subject: Verizon Colocation - Crown Castle BCON Site
Mr. Rumpf-
I am hoping you can assist me with the status of the Verizon antenna collocation currently being processed.
The building permit portion has been reviewed and approved, however it can't be released until it is signed off by
zoning.
Please know that this site is going to take the place of the tower that was approved at Space Plus Storage, 2951
SW 14th Place. Due to issues with the owner, Verizon is not going to be able to construct the site. We will be
canceling the permit for that location.
Any assistance or information you can provide is greatly appreciated.
Thank you.
Jason Laskey
SBA Network Services
Project Manager
5900 Broken Sound Pkwy NW
Boca Raton, FL 33487
cell (305)321-5655
office (561 )226-9359
fax (561 )981-9901
6120/2006
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Hawkins, Wilfred
Wednesday, May 31,200612:37 PM
Rumpf, Michael; Mummert, Bill; Livergood, Jeffrey
Cherof, James
RE: Verizon colocation on Crown Castle tower at 1314 Neptune Drive - Tower Siting Review
Team
Mike,
Copy and distribute for review on this colocation.
Wilfred
From: Rumpf, Michael
Sent: Wednesday, May 31,200611:47 AM
To: Hawkins, Wilfred; Mummert, Bill; Livergood, Jeffrey
Cc: Cherof, James
Subject: Verizon co location on Crown Castle tower at 1314 Neptune Drive - Tower Siting Review Team
Verizon proposes to colocate on an existing tower at the above address, including ground equipment and antennas at
about 109 feet. This is a private site. Minor site plan modification review will be conducted simultaneously. You may recall
that Verizon obtained site plan/conditional use approval for a new tower in a storage business on the north side of SW 30th
Avenue, just east of Congress Avenue. This approval expired, perhaps due to contract problems with the lessor. This
scenario has likely led them to locate alternative tower space in the general area.
Since this is a colocation on an existing tower, there should be no issues of concern to us. I can copy and distribute
information for your review, and schedule a pre-application meeting, whatever is the concensus. Let me know if further
information is needed and/or if a meeting is desired.
Mike
1
"
"
SBA
Ed Breese, Principal Planner
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
NETWORK SERVICES, INC.
m ~:y ~ ~~ I':\rn
LrcI\NNIN(j AND
_r..tlldr'r\rPT
May 18,2006
RE: Minor Site Plan Modification
Verizon Wireless Colocation and Compound
Location: Crown Castle Monopole, 1314 Nep
Dear Mr. Breese,
W//I &t~i1-
(qD4) 1/1)- :)?OS-
On behalf of Verizon Wireless, please find the ,
supporting materials for review.
Verizon Wireless is seeking zoning and buildi
six (6) antennas at the 109 feet centerline on
Crown Castle International. The existing tower
property is currently utilized as an industrial 0
the property is 08-43-46-05-15-000-0122.
In addition to the installation of antennas, Verizon is requesting the expansion of the
existing compound so as to allow adequate space for the base station radio cabinets and
future generator associated with the cell site.
The existing compound is proposed to be expanded by an area measuring 20' x 22' feet.
Included in the exp~ion is the placement of landscaping so as to match and continue the
existing landscape buffer around the tower site.
Site design
The site is comprised of, six (6) antennas to be placed at the 109' elevation, three (3)
radio cabinets and one (1) battery cabinet. The radio cabinets are outdoor units which are
situated on an 8' x 16' concrete slab.
The antennas are manufactured by Antel; model number BSA-185065112-2. They
measure 70.9 inches in length, 6.3 inches in width, and 2 inches in diameter. Each
antenna weighs approximately 10.6 pounds.
The proposed installation will be designed to meet all applicable federal, state and local
building regulations, including the Florida Building Code.
The Applicant's unmanned use will not create any undue traffic burden because there
will only be approximately two short visits per month by an equipment technician.
Only household level electrical current and standard phone service will be used. Thus, it
will have no effect of overburdening existing public services or facilities such as schools,
\f""
public safety, water, sath.dl)' sewer, roads, storm drainage or oth~ ,public improvements
and will create no hazard of any type.
Technology
Verizon Wireless is licensed by the FCC and offers phone and messaging services that
make communication easier, cost effective and efficient to end users. In addition to
traditional phone uses, Verizon offers features such as two way paging, data
transmission, and high-speed mobile internet connections.
Verizon's PCS system is a digital CDMA system which operates on frequency ranges
from 1700 MHz to 1990 MHz. Digital CDMA technology delivers higher voice quality,
faster data transmission rates and more secure conversations.
Siting ReQuirements and Site Necessity:
The placement of the proposed wireless facility and radio cabinet equipment is necessary
to provide Verizon Wireless customer's continuous coverage within Palm Beach County.
This facility will provide adequate coverage, relieve over capacity of adjacent cell sites
and improve service to residents, businesses and mobile phone users traveling within
Boynton Beach. Additionally, this site will enhance emergency 911 services in the area;
ensuring calls made in cases of emergency will be delivered and responded to by the
appropriate emergency services agency.
Public Benefit
The area's business and personal communication needs will be served by the proposed
facility. Verizon's PCS wireless network provides a competitive choice among providers
of wireless telecommunications.
This system will be a vital link for everyday personal communication needs, as well as
emergency communication needs related to civil defense in times of natural disasters
such as hurricanes, and in the daily reporting of accidents, emergencies and crime.
This unmanned use will not adversely affect population density, activity, traffic or
parking. The proposed use will have no detrimental impact on the surrounding property
or community. Its existence will, in fact, be of great public benefit, accomplishing the
provision of quality telecommunications service in the area.
In the event you have additional questions or require additional information, please
contact me at (561) 226-9359.
~
ASON LASKEY
Project Manager
Agent for Verizon Wireless
SBA Network Services, Inc.
561-226-9359 office 305-321-5655 cell 561-981-9901 fax
SBA Network Services, Inc. 5900 Broken Sound Pkwy NW, Boca Raton, FL 33487
~
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LESSEE Site I.D.: Crowp..QCON-N.Q, 68.65.0
LAND LEASE AGREEMENT.
This Agreement, made this ~ da.y of --.d)~ )I 200...b. between
Boynton Neptune, LLC with itS mailing addtess located at 0 S.E. 41J1 Avenue, Delray Beach,
Florida 33483, Tax In #0 1-0669891, hereinafter designated LESSOR, and VERlZON WIRELESS
PERSONAL COMMUNICATIONS LP d/b/a Verizon Wireless, with iu principal office located at
180 Washington Valley Road. Bedmjnster, New Jersey 07921, hereinafter designated LESSEE.
The LESSOR and LESSEE are at times collectively referred to hereinafter 83 the ,cParties" or
individually as the "Party". .
1. E.RE~. LESSOR hefeby leases to LESSEE a portion of that certain parcel
of property being desaibed as a 20' by 30' parcel containing 600 sqtJ.Dre feet, located at 1314
Neptune Dlive, Boynton Beach, Florida 33426. and identified as Parcel Control Number 08-43-
46-05-15-000-0122 of Palm Beach County, State: of Florida (the entirety of LESSOR's property is
referred to hereinafter as the Property), together with the non-ex.clusive right fOr ingress and egress,
seven (7) days a week twolmty.f'OUJ:' (24) ho~ a da.y, 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 twenty foot (20') wide right~f..way extending from the nearest public right-of.way.
Neptune Drive., to the demised premises. The demised premises and right of way for ingress and
egress and right of way for utilities (hereinafter ool1ectivcly referred to as tbe "Premises'') are as
described herein in Exhibit '''A'' attached hereto and made a. part hereof, and as shown on that plat
ofsulVey attached hereto and jncorpomted herein as Exhibit lIB". .
In the event any public utility is unable to use the aforernentior.fI(( right-of-way, the
LESSOR hereby agrees to grant aJ) additional right-of~way either to the LESSk1.E or to the public
utility at no cost to the LESSEE.
2. SUR.'VF;Y.. LESSOR has granted to LESSEE the right to survey the Property
and the Premises, as evidenced by that certain Map of Boundary and Topographic Survey fol'
Crown "BeON" #68650 prepared..by.Morgan & Eklund, Inc. f(lf LESSEE, dated April 3,2006,
and designated as Com,nission Number 3866.24 (the ."Survey"). which is incotpotated into this
Agreement by refet'ence. The Survey shall control in the event of boundaty and access
db~pancies between it and Exhibit UA". Cost for such work shall be borne by the LESSEE.
3. .I&RM. This Agreement shall be effective as of the date of execution by both
parties. provided, however, the initial tenn shall be for fivB (5) years and shall conunence on the
Commencement Date (~ hereinafter defined) at whicb time tental pajlttlent! win be due at an
RarlnUa1 retntal of Dollars . (the "Annual
ent"), p us any applicable taxes thereon. to be paid in equal monthly instalhnents on the fitst day
of the :-nonth, in advance, to LESSOR or to such other person, finn or plaoe as the LESSOR may,
from time to time, designate in writing at leq,st thirty (30) days in advance of any rental payment
date. The Commencement Date is defined as the first (1~) day of the month following the date this
Agroernent ls elCecuted by the p9rti~ Or tbe first (1~ day oftht!: month fuUowuig the date LESSEE
is granted a building pennit by the governmental agency chaxged with issuing such permits,
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1""1'l\~l:. 1:J.;l/.L <I
whichever event occurs last. LESSOR hereby consents to LESSEE executing a separate agreement
with Crown Castle South LLC ("Crown") fot spac:c: on Crown's conununications tower located on
the Property (the "Crown Lease'l LESSOR aoknowledges that this Aweement is contingent upon
LESSEE executing the Crown Lease.
4. EXTENSIONS. This Agreement shall DutomalicalJy be extended for foUX' (4)
additional five (5) year terms unll'$S 1he LESSEE! tenninates it at the end of the then current term
by giving the LESSOR written notice of tbe intent to terminate at least six (6) months prior to the
end of the then C1.ln'ent term.
5. EXTENSION RENTAI.:&. Commencing on the fiI3t (111) annual 8tmivmary of
the Commencement Date and on each annual ano1vetS&ry thereafteJ:' during the term of this
Agreement (including all extension terms), the Annual Rent shall be increased at an amount equal
to the greater of (i) thee€! percent (3%) of the Annual Rent fut' the previous twelve (12) months or
(ii) the following fOIn'lula: ((lR - IL)IIL) J. (Annual Rent for the previous twelve (12) months). For
purposes of ca.1eulating the foregoing formula, the follOwing definitions apply.
<<m." is the Consumer Price Ind~ for the month that is three (3) months immediately
preceding the month in which Annual Rent is set to increase.
<<IL" i!l the Consumer Price Index for the month that is twelve (12) months prior to the
month used to determine the lR for the applicable lease year.
'.Consumer Price Index" shall mean the Consumer Price Index publi!lhed by the Bureau of
Labor Statistics of the United States Department of Labor for Urban Wage Eanters and
Clerical Worlcet'S {Of An Itcm~ (cpr W) u.s. City average or shall mean the sucx:essor
thereto. In the event the Consumer PriCe Inde,," is converted to a different stancbttd
reference base or othenv.ise revised" the determination of the above fomwla shall be made
with the use of SQch conversion factor, formula or table for conver:1ing the ConiMnef Price
Index as may be published by the' BurellU of Labor Statistics, or if fhe Bureau should fail to
publish the same, then with the use of ltuch convemoX) factor, formula or table for
converting the Consumer Price Index as may be published by Ptentice Hail, .me.; army _.-. .. ,"- ..-, ".
other natiol')~lIy n-cognized publi$her of similar stati5tic.al jnfonnation. If tbe Consumer
Price Index ceases to be published and there is no successor ~. such other index as
LESSOR and LESSEE may agree upon shall be sl1bstituted for the Consumer Price Index.,
and if they are unable to agree, then such :matter shall be submitted to arbitration in
a~dance with the then ~sting commercial rules of arbitration of the American
Arbitra.tion Association at the American Arbitration Association office nearest LESSEE.
. 6. ADDITIONAL EX:J'ENSIQ~. If at the end of ~~ fourth (41l1) fi....e (5) year
ex~ens]on term this Agreement has not been terminated by either Party by giving to the other
~tteo notice of an int~ntion to terminate it at least six (6) months prior to the end of such term,
this Agreement shall continue in fOT'ce upon the same covenants, tenns and conditions for 11 further
u:~ of five (5) years and for five (5) yem- terms thereafter until tenninated by eithQ' Party by
gIvmg to the other Written notice ofits intention to so tenninate at least 9i;tt (6) months prior to the
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end of such tenn. Annual rental fOf each such additional five (5) year tenn shall continue to
increase annually as set forth in Section 5 above of this Agreement.
7, U...8E: GOVERNMENTAl. APPROV ~. LESSEE shall use the Pnmtilleg for
the purpose of constructing, maintaining and operating a wmmunications facilities and uses
incidental and all necessary appurtenanc:es. A security fence consisting of chain link construction
01;' similar but comparable constrnotion may be placed around the perimeter of the Premises at the
disCJ:'etion of L:ESSEE (not including the ftcce9S easement). All improvements shall be at
LESSEE's c:ltpense and tbe installation of all improvem.ents shall be at the discretion and option of
the LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its
c;:quipment or any portion thereot; whether the equipment is specified or not on any ex.1ubit attached.
hereto. during the term of this Agreement. LESSEE will maintain the Premises in a good condition
reasonable wear and tear excepted. LESSOR will mailltain the Property, excluding the Ptemises,
in good condition, reasonable wear and tear excepted. It is understood and agreed that LESSEE's
ability to use the Premises is contingent upon its obtl.ining .after the execution date of this
Agreement all of the certificates. permits and other approVal9 (collecti'lfely the c"Oovemmental
Approvals'') that may be required by any Federal, State or Loea1 authorities as well as sati8factory
soil boring t~ whieh will permit LESSEE use of the Premises ag set forth above. LESSOR shall
cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would
adverselY aff'ect the status of the Property with respect to the propOlled use by LESSEE. In the
event that any of such applications for such Governmental Approvals should be finally rejected or
any GOvernmental Approval issued to LESSEE is eanceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority through no fault of LESSEE after eJl:ercising
diligent efforts to maintain such Governmental Approvals, LESSEE shall have the right to
tenninate this Agreement provided LESSEE pays LESSOR a on~time 1l1:ttl.p s\ttn pa;yment in an
amount equal to two (2) years rent due under this Agreement. Notice of the LESSEE', exercise of
its right to tmninate shall be given to LESSOR in writing by certified man, l'etum receipt
requested, and shall be effective upon the mailing of such notice ,by the LESSEE. All rentals paid
to said termination date shall be retained/by the LESSOR. Upon such termination, this Agreement
shall beC(lme nu]! and void and all the Parties shall have no further obligations including the
payment of money, to each other.
8. JNDEMNIFICATIQN. Each Party shall indemnify and hold the other
harmless against any claim of liability' or 10M from personal injury or property damage resulting
from or arising out of the W:e and occupancy of the Premises or the Property by the Party, its,
servants or agentS, excepting, however, sueh claims or damages as may be due to or co:usee! by the
acts Of omissions of the other Party, or its servants or agents.
. 9. lNSURANCE. The Parties hereby waive any and all rights of action for negligence
agamst the other which may hereafter arise on acCOutit- of damage to the Premises or to the
Property. resulting from any fire, or other casualty of the kind covered by standard fire insurance
policies WiEh extended coverage, regardless of whcthCf or not, or in what amounts. such insurance
IS ~ow or bereaftEf ~ed by the Parties, or either of them. LESSOR and LESSEE each agree that
~t I~ own cost and expense, each Will mainfi\i:n comprehensive geoera1 liability and property
habdity ins~ce with liability limits of not less than $1,000,000 for nyury to or death of one or
more pernons UI anyone occurrence and $500,000 for damage or de$trucrion to property in anyone
dt-
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occurrence. LESSOR agreeli: that LESSEE may. self insure against any loss or damage which could
be covered by a comptehensive general public liability insurance policy.
10. INTENTIQNAkt.Y OMITTED.
11. ltlIERFERENCE.. . LESSOR agrees that LESSOR and/or any other tenants of
the Property who currently have 01' in the future take possession of the Property win be pemrltted
to install only such radio equipment tha.t is of the typcl! and frequency wbieh will not cause
measurable interference with the existing equipment of the LESSEE. The Parties acknowledge
that there wJl] not be an adequate remedy at law for noo.compliance \Vith the provisions of this
paragraph and therefore, LESSEE shall bave the right to specifically enforce the provisions of this
paragraph in a COurt of competent jurisdiction.
12. REMOY AL UPON TERMINATION. LESSEE. upon termination of the
Agreement, shall, within ninety (90) clays., remove its building(s), IUltenna structure(s) (except
footings), fixtures and all personal ptOperty and othenvise re:ston the Premises to its original
condition, reasonable wear and tear and casualty excepted. LESSOR agrees and. acknowledges
that aU of the equipment, fixtures and persona! property of the LESSEE shall remain the personal
property of the LESSEE and the LESSEE shan have the right to remove the same, whether or not
said items are considered fixtures and attachmen~ to real property under applicable law. If such
time fur removal causes LESSEE to rcma.tn on the PrQntises after teomnatio:u of this Agreement,
LESSEE shall pay rent at the then ~isting monthly rate or on the existing monthly pro.l'llta basis if
based upon a longer payment term. until such time as the removal of the bw1ding, antenna
structur~ fixtures and all personal property are completed. LESSOR expressly waives all rights
of levy. distrn.int 01" execution wi1h respect to LESSEE's property, inclU(ling without limitation mJY
statutory or cornmon law security mtQ'est or landlord's lien for rent.
13. ..mTENTIONALLYOM~.
14. RIGHTS UPON SALE. . Should the LESSOR, at any time during the tenn of
this. Agreement. decide to sell all or any part of the Property to a purchaser other than LESSEE,
such sale shall be under and subject to.this Agreement and LESSEE's rights hereunder, and any
sate by the LESSOR of the portion of this Property undedyins the right-of-way herein granted
shall be under and subject to the right of the LESSEE in and tQ such rigbt.of..way.
15. OOJgUN10YMENT. LESSOR covc:nants that LESSEE, on paying the rent
and performing the covenants $hall peaceably and quietly have, hold and enjoy the Premises.
16. ~.LESSOR covenants that LESSOR is seized of good and sufficient title and
interest to tbe Property and has fun authority to enter into-and execute this Agreement LESSOR
:further covenants tha~ there ere no other lietl$t judgments Of impedimenbJ of title on the Property or
affecting LESSOR's title to the same and that there are no covenantS, e8l!lEOlents, restrictions or
agreement.s binding on LESSOR 0[' the Property which prevent the use of the Premises by the
LESSEE as set forth above.
~
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17. ~...RA nOli. Xt is agreed and und~tood that this Agreement contains aU
agteements, promises and understandings. between the LESSOR and LESSEE and that no verbal or
oral agreements) promises or und~tandings shall be binding upon either the LESSOR Or LESSEE
in any dispute, controversy 01' proceeding at law, and Ilnyaddition. variation or modific::etion to this
Agreement shall be void and ineffective unless made in writing Ilnd Ai.8J'led by the Parties. In the
. event any provision of the Agreement is found to be invalid or unenforceable. such finding shall
not effect the validity tmd enforceability of the rEmaining provision.!! of tbis Agreement. The
failure of either Party to insist upon strict, performance of any of the terms or conditions of this
Agr:eernent 01:' to exercise any of its rights under the Agreement shall not waive such rights and
such Party shall have the tight to enforce such rights at: any time and take such action as may be
lawful and authori~ed wt.der this Agreement, either in law or in equity.
I 8. ~. This Agreement and the perfonnance thereof shall be
governed, intetprctcd. construed, and regulated by the laws of the State in which the Property is
located.
19. AS~. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's ,Principa1(s).
affiliates, or any subsidiary of LESSEE, its prinoipal(s) or affilintes; to any entity which acquires
all or substantially all of LESSEE's assets in the market defined by the Federal Communications
Commission in which the Property is located by reason of a merger, acquisition or other business
reorgani2ation; Or to any entity which acquil:'cs or receives an interest in the majority of
communication towers of the LESSEE in the market defined by tbe Federal Communications
Commission in which the Property is located. As to ot.her pllJ'ties, this Agreement may not be
sold, assigned or transferred without the writtett consent of the LESSOR, whioh such C<msent
will not be unreasonably withheld, dcIayo:.d or conditioned. Upon the making of any assignment
or transfer, LESSEE shall not be released from the obUgations of LESSEE hereunder IIIld shall
be .and remain primarily liable for all !UOlS payable under this Agreement" unless,. otherwise
agreed to by the Parties at the time of such assignment or transfer. LESSEE JnllY not sublet the
Premises to any other parties without thl: consent of the LESSOR, wltich consent will not be
unreasonably withheld, delayed or conditioned. Any sublease that is enfered into by LESSEE
.. shall be subject to the prOVisions of this Agreement and shall be binding upon the successors;-
. I.!lsigns, heirs and legal rept~!lentativcs of the TCspc:ctive parties hereto.
20. J'iO.IK:~. All notices hereunder must be in writing and shall be deemed
validly given if sent by cer1ified mail, return receipt reqQested or by commercial courier, provided
the courier's regular busillCSS is delivery service IUld provided .further tbat it guarantees delivery to
the addtessee by the end of tb= n~t business da.y following the courier's receipt &om the sendert
addressed as follows (or any other address that the Party tQ, be notified may have designated to the
!lender by like notioe):
LESSOR.:
Boynton Neptune, LLC
70 S.E. 4th Avenue
Dclray Beach, Florida 33483
~
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LESSEE:
Verizon Wireless Personal Communications LP
d/b/a Verj20n Wireless
1 80 Washington Valley Road
Bedm.inster, New Jersey 07921
Attention; Network Real Estate
Notice shall be effective upon mai]jng or delivering the same to a commercial courier. as
permitted above.
2 J. SUCCESSO~. This AgreemE:l)t shan extend to and bind the heirs, personal
fq)re.sentatives, successors lUJd assigns of the Parties hereto.
22. .s..UBQRDTNATION AN!? NON:DrSTURBANCE. At LESSOR's option;. this
Agreement shall be subordinate to any mortgage or oth~ security interest by LESSOR which from
time to. time may encumber 11lr or p8l'l of the Property or right-of-way, provided, however, every
such mortgage or other security interest shalltecogniu the validity of this Agteeme:nt jn the event
of a for~losure of LESSOR's interest and also LESSEE's right to remain in occupancy of and have
access to the Premises as long as LESSBE is not in default of this AgrClemenl LESSEE shall
execute whatever instruments may reasonably be required to evidence this subordination clause.
In the event the Property is encumbered by a mortgage or other ge:CUrity ioterest, the LESSOR
immediately after this Agreement is executed, wm obtain and furnish to LESSEE, a
non-disturbance agreement for each such mortgage or other security interest in recordable fonn. In
the event the LESSOR default& in the: payment and/or other performance of any mortgage or other
security interest encumbering the Property, LESSEE, may, at its sole option .and without
obligation, CUre or corre.c:t L.ESSOR's default and upon doing 90. LESSEE shall be subrogated to
any and all rights. titles, liens and equities of the holders of such mortgage or security interest and
the LESSEE shall be entitled to deduct llIld setoff against all rents that may otherwise become due
under this Agreement the sums paid by LESSEE to cure or C01Tect suoh defauJ~.
.. ............~.-... ". "
23. RECQB.O.....lli.Q. LESSOR agrees to execute a Memorandum of this
Agreement which LESSEE may record with the appropriate ReCOrding Officer. The da.te set forth
in tne Memorandum of Lease is for recording purposes onlY" and- bears'" no" nfercnce-.to .
commencement of either term or rent pa)'ments.
24. D..EFAULI. In the ~vent there is a. defa.ult by the LESSEE With respect to any
of the provisions of this Agreement or its obligations under it, including the payment of rent, the
LESSOR shall give LESSEE written notice ohuchdefalllt. After receipt of such written notice,
the LESSEE shaJJ have fifteen (15) days in 'which to cute any monetary default and thirty (30)
days in which to cure any non-monetary default, provided the LHSSBE shall have such extended
period as Jtlay be required b~'yond the thirty (30) days If the nature of the cure i8 suoh that it
reasonably requires more thau thirty (30) days and the LESSEE commenoes the cure within the
thirty (30) day period and thereafter continuously and diligently PUX'SUes the cure to completion.
The LESSOR may not maintain any acti()n or effect any remedies for default against the
LESSEE unless and until the LESSEE ha.s f.ailed to cure the sa.me within the time periOds
pro....ided in this Paragraph.
~
6
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25. ENVIRONMmiUL. i
I
a. LeSSOR will be responsible for all obligations of compliadee with any and all
enviroM.lcntal and industrial hygiene laws. including any !'P.g'I.!!ations, g'.lidelmes. litafu1ads, or
. poUc.-ies or .any governmental authOrities regula.ting or imposing sr.andatds of liability Or
standards of conduct with regard to any environmental or industrial hygiene conditions or
concerns as may now or at any time hereafter be in effect. that are or were in any way related to
activity now conducted in, on, or in any way related to the Property. unles9 such c:onttitions or
concerns Ire caused by the activities of the LESSEB.
b. LESSOR shall hold LESSEE harmless. and indemnify the LESSEE from and
assume an dutics, respon...ubiJity and liability at LESSOR's sole COst and expens~ for all duties,
responsibilities, and liability (for paYment of penalties, sanctions, forfeitures, losses, costs, Ot
damages) and fot responding to any action, notice, claim, order, surru:nons, citation. directive,
litigation, investigation or proceeding which is in any way related to: a) failure to comply With
any environmental or industrial hygiene Jaw, including without limitation any regulations.
guidelines. standards, or policies of any governmental authorities regulating or imposing
standards of liability Of standards of conduct with regard to any enviromnentaI or industrial
hygjen~ COncerns Or conditions as may now or at any time hereafter be in effect:. unless such
compliance results from conditions (:aused by the LESSEE; and b) any environmental or
industrial hygiene conditions arising out of or in any way related to the condition of the Property
or activities conducted tbereon, unless such enviromnc:nta.1 conditions are caused by the
LESSEE.
26. .QMUALlY. In the event of damage by fire or other casualty to the Pre[Jlise.g that
cannot reasonably be expected. to be Tepaired within forty-five (4$) cla~ following same or. if the
Propeny is damaged by fite or other casualty so that sucb damage may reasonably be expected to
dj9rUpt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE
may at any time following such :fire or other oasualty, provided LESSOR has not completed the
restoration required to permit LESSEE to resume its operation at the Premises, tetn1inate this
Agreement upon fifteen (15) days written notice: to LESSOR. Any such notic::e of termination shall
cause this Agreement to cxpin:-withl:he:same-force and effect aS'thOUgh the date set fbrth in such
notice were the da~e originally lIet: as the expiration date of this Agreement and the parties Shall
make an appropriate adjuslrnent, as of Such tamination date, With respect to payments due to the
other under this Agreement Notwithstanding the foregoing, all rentBl shall abate during the period
of such fire or other casualty.
27. COWE.M:N,ATIQN. In the evetJt of any condemnation of the Property, LESSEE
may tenninatc this Agreement upon fifteen (15) da)'S written notice to LESSOR if such
condemnation may reasonably be expected to disrupt L~SSEE's operations at the Premises for
more than forty-five (45) days. LESS,BE may On its own behalfmake Il claim in any condemnation
proceeding inVOlving the Premises for losses related to the antennas, equipment, its relocation costs
and ~ts ~amages and losses (but not for the loss of its leasehold interest). Any such notice of
termmlti?n shall cause this Agreement to expire with the SGtne force and effect as though the date
set forth In such notice were the date originally set as the expiration date ofthjs Agreement and the
P-
7
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parties ghall make an appropriate adjustment M of such temti.natien date with respect to payments
due to the other undex- this Agreement.
28. SUBMISSION OF L~~. The submission of this Agreement fof e,lCam1nation
does not constitute an offer to lease the Premises and this Agreement beooJneg effective only upon
the full execution of this Agreement by the Parties. If any provision herein i9 invalid., it sha.trbe
considered deleted from this Agreement and shall not invalidate the rernainio,g provisions of this
Agreement. Each of the Parties hereto warrants to the other that the pernen or persons executing
this Agreem.enr on behalf of such Party has the fulJ riglu, power and authority to enter into and
execute this Agreement on such Party's behalf and that no COfl.gent from any other person or entity
is neoessary as a condition precedent to the legal effect of this Agreement.
29. MPLJCABl'.r:E L~. LESSEE shall use the Premises a.s may be required
Or as pennilted by applicable laws, rules and regulations. LESSOR agrees to keep the Property
in confonnance with all applicable, laws, rules and regulations and agrees to tuSonably
cooperate: with the LESSEE feg&fding any compliance required by the LESSEE in :respect to its
use of the Premises.
30. .S!JRvrv~. The provisions of the Agreement I;clating to indemnification from
one Party to the other Party shall survive any tetmination or expiration of this Agreement.
Additionally, my proVisions of this Agreement which require performanClli subsequent to the
termination or expiration of this Agreement shall also sUf\tive SUch termination or ~piration_
31. .cAPTIO~. The captions contained in this Agr'eement are inserted for
convenience only a.nd are not intended to be patt of the Agreement. They sball not affect or be
utilized in the construction or interoretation of the Agreement.
(Signatures On Next Page; Remainder of Page Intentionally BlankJ
. ... ........ ........,_-----........
... . .. " ....... ---:--,. ......, _.,"';'----:-.. .. ..,.,
~
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IN WITNESS WHEREOF, the Parti€s hereto have set their hands a:nd affixed their
resp.xtive seals the day a.cd year first above written.
WITNESS
LESSOR:
:~t~N~~~
Nmn.:~
Title: Managing Member
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Exhibit "A"
(Legal Descriptions of ProPerty and Premises)
Le2al DescriDtion ofProomY:
Unit 12B, of NEPTIJNE BUSINESS CONDOMfNIUll,[, iii. c.ommerc:iaJ condominium. acconling
to the Declara.tion of Condominium thereof, as recorded in Official Records Book 16060, Page
399, as amended by that certain Amendment No.1 to Declaration ofCondomin.ium ofNEPTIlNE
BUSINESS CONDOMINIUM, a commercial condominium, as recorded in Officia.l Records Book
] 6160. Page 813, all of the Public Records of Palm Beach County. Florida.
!&$tDes~tjon !:If Premi~sa: Please see attached
&-
10
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" .
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DESCRJP11ON,OF LE5SE.E.:$ f'R.EH/!;GS
A PORTION OF lHt NORTHE:AST QUARlER (N.E. 1/4) OF "THE SOUlHWEST QUARTERCS.W. 1/4) OF
SECTION 5. TOWNSHIP 46 SOUTH, RANG€ 4.3 EAST, PAM BEACH COUNlY. FlORIDA: BElNQ MORE
PARTICULARLY DESCRIBED AS F'Ou..OWS:
COMMENCING AT THE INTER$tCnON or lliE NORlH UNE OF 'THE SOUTH 281.50 FEET Of' THE
NOR1l-t 873.00 FEET (AS MEASURED AT RIGHT ANGUS) OF "THE NORTHEAST QUAR1'tR (N.E. 1/4).
OF' THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 5 WIlli lliE: WEST UNE OF' THE WEST .
'49.97 FEET OF' lliE EAST 299.94 FEET (AS UEASURED AT RIGHT ^NGLES) OF' THE NORllitAsT ,
QUARTER S.N.~, '/4) OF" 'THE: SOUTHWEST QUARlER (S.W. 1/4) OF' SAID SECllON &. PROCEED
N.B8"5l'45 E. ALONG "THE NORlli UNf OF SAID SOUTH 281.50 FEET Of" 11'(E NORTH 813.00 FEET
' ,OF 1H~ NOR'THEAST QUARTER (N.E. 1/4) OF THE: SOUTHWEST QUARTtR (s.W. 1/4) OF SEClTON ' ,
.. 5 A DISTANCE OF J3.OQ FEETi rnEN~ S.OO'02'45-E., A DISTANCE Of' 260.81 FEET; 'THENCE '
S.B9'42'll-E.. A DISTANCE OF' n.30 FEET; Tl1ENCE N.OO'7'49"E.. A DISTANCE OF 33.514 FEET '
11-tENCE 5.89'42'11"[.. A OISTANCE: OF' 15.00 FEET TO 'THE POINT Of" BEGINNING: THENCE CONnNUE '.
S.89'''''2'11 "E., A DISTANCE OF' 22.00 FEn; ll-IENCE S.00"17'49"W.. A DISTANCE OF' 20.00 .
F'E:ET; THENCE N.B9'42'11-W.. A DISTANcE OF 22.00 FEET: 1HE'Nc:F.: N.OO-'T49"E.. ^ DISTANCE'
OF-'" 20.00 FEET TO TI-lE POINT OF BE:'GINNING. '
CONTAINING 440.0 SQUARE F'EEl" OR 0.01 ACRES MORE OR LESS.
DESCRIP110N OF L.e$see:S ALc.ess r;AsEN~T
A PORTION OF 'tHE NOR1l!EAST QUARTER (N.E. 1/4) OF' 'THE SOU11-IWEST QUARl,ER (S.W. 1/4) OF' '
SEC110N 5, TOWNSHIP 4S soum, RANCE 43 EAST. PAM BEACH COUNTY. FLORIDA: BEING MORE,
P ARllCULARL Y DESCRIBED AS F"O~OWS:
COMMENCING AT 'THE INlERSE:C110N OF THE NOR1l1 UNE OF THE SOUTI; 281.50 FEET OF' lliE
NORiH S73.00 FEET (AS ME:ASuREO AT RIGHT ANGlES) OF THE: HOR1HEAST QUARTER (N.E. 1/4)
OF' THE SOUlHWEST QUARTER (s.w. 1/1) OF SAID SECTION 5 W11ll 11-'IE YksT UNE OF lHE Vo€ST
14Q.97 FEET OF" nil:: EAST 299.94 FEET (AS MEASURED AT RIGHT ANGlES) OF' '!'HE NORlHEAS't'
OUARTER eN.E. 1/4) OF' 'THE SOUTHINE:ST OUARTER (S.W. 1/'Vn~ SAID SECTlON &,' PROCEEl) ,
'. N.88'S"45"E. ALONG lliE NORn; ,UNE OF SAID SOUTH 281.00 OF lliE NORlH 873.00 FEET
OF THE NOR'THEAST QUARm (N.E. 1/4) OF niE SOUlliYfEST QUARllR (s.w. 'L4) OF" SEcnON
.5 A DISTANCE OF' 18.00 FEET TO THE POINt OF' BE~INNING; lliENCE CONnNuE N.es~;'45"E.,
ALONG THE: PREVIOUSLY DESCRIBED LINE 'A OISTANCE OF 15.00 FEET; IHENOE
S.OO'02'45~E.. A DISTANCe: OF 2.60,81 f'tET: THENCE: !,;.B9....2'1'..E.. A DiStANCE OF
77.30 FEET; l'1-IENCE N.OO"7'49~E.. ^ DrSTANCE OF 33.\14 FEET; 'THENCE S.89~42'1'.E..
A DISTANCE OF 15.00 FEET; "THENCE S.OO17'49-W.. A DISTANCE OF 48..94- FEET;- THENCE
N.89'42'11"W., A OrsTANCE OF 107.21 FEET; lHEJ.lCE N.OO'02'45"W., A OISTANCE OF 275.44'
FEET TO THE POfNT OF' BEGINNING. ,
CONTAINING 8027.3 SQUAF!E FEET OR O.1,of. ACRES MORE OR LESS.
dv
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Exhibit c.S"
(Depiction of Premises)
Please: see attached
II
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PROJECT NAME: Verizon Wireless
LOCATION: 1314 Neptune Drive
PCN:
I FILE NO.: MMSP 06-035 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER:
Jason Laskey - Verizon Wireless ADDRESS:
SBA Network Services, Inc,
ADDRESS: 5900 Broken Sound Parkway FAX:
NW Boca Raton, FL 33487 PHONE:
FAX: 561-981-9901
-
PHONE: 561-226-9359
Cell: 305-321-5655
E-Mail:
SUBMITTAL / RESUBMITTAL 5/19/06
1 ST REVIEW COMMENTS DUE:
PUBLIC /IP ARC NOTICE:
T ART MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
LEGAL AD:
PLANNING & DEVELOPMENT BOARD
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING:
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\1314 Neptune Drive MMSP\Verizon Wireless\2006 PROJECT TRACKING INFO.doc