R01-016RESOLUTION NO. R 01-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE SIXTH AMENDMENT TO THE TOWER
SITE LEASE AND JOINT USE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND AT&T WIRELESS
AND PALM BEACH COUNTY COMMUNICATIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, the City Commission has determined that
it is in the best interests of the residents of the City to execute a Sixth Amendment to the
Tower Site Lease and Joint Use Agreement with AT&T Wireless and Palm Beach County
Communications; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct the Mayor and City Clerk to execute the Sixth Amendment to the
Tower Site Lease and Joint Use Agreement with AT&T Wireless and Palm Beach County
Communications, attached hereto as Exhibit "A".
PASSED AND ADOPTED this ~, day of ~'~.:, 2001.
~nissioner
mmi
ssioner
Commissioner
s:ca~Reso~gr~AT&T Tower Site-6* anad011601
SIXTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
between
CITY OF BOYNTON BEACH,
AT&T WIRELESS SERVICES OF FLORIDA, INC.
and
PALM BEACH COUNTY, FLORIDA
Exhibits:
A Site Plan
B Premises
SIXTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
THIS SIXTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE
AGREEMENT, made and entered into this ~ day of , 2001, by and
between The City of Boynton Beach, Florida, a municipal corporation, ("CITY"), AT&T
Wireless Services o£Florida, Inc. a Florida corporation ("AT&T") and Palm Beach County,
apolitical subdivision of the State of Florida, hereina£ter referred to as ("COUNTY")
WITNESSETH:
WHEREAS, CITY and West Palm Beach Cellular Telephone Company
entered into that certain Tower Site Lease and Joint Use Agreement dated November 18,
1986, (the "Original Lease") for the construction of a 320 foot self supported
communications tower upon the Premises; and
WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the
successor in interest to West Palm Beach Cellular Telephone Company, entered into that
certain Amendment to Tower Site Lease and Joint Use Agreement, dated June 21, 1988, (the
"First Amendment"); and
WHEREAS, CITY and Palm Beach Cellular Telephone Company, as successor in
in!terest to Palm Beach County Cellular Telephone Company, entered into that certain
Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20,
1989, (the "Second Amendment"); and
WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille
as Sheriff of Palm Beach County, entered into that certain Joint Use Agreement dated
AUgust 22, 1989, (the "Third Amendment"); and
WHEREAS, CITY and AT&T, as the successor in interest to Pahn Beach Cellular
Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and
Jolint Use Agreement in 1998, (the "Fourth Amendment"); and
WHEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower
Site Lease and Joint Use Agreement dated February 23, 1999, (the "Fifth Amendment").
The Original Lease, as amended by the First Amendment, the Second Amendment, the Third
An~endment, the Fourth Amendment and the Fifth Amendment are hereinafter referred to
as the "Tower Site Lease"; and
i WHEREAS, pursuant to the Tower Site Lease, the predecessors o1' AT&T
constructed upon the Property, and CITY now owns, a 320' self supported communications
toWer (the "Tower"); and
WHEREAS, in order to safely accommodate the equipment constructed and/or
insitalled by COUNTY, as per building pemfits issued by CITY and as contemplated in the
Fifth Amendment, it is necessary to enlarge the area assigned to COUNTY for COUNTY's
USe.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and various other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The Premises shall be as described in the attached Exhibit A, which replaces
Exhibit A of the Fifth Amendment.
2. Section 4.01 is hereby modified to authorize COUNTY to inStall a generator of
sufficient capacity to power COUNTY's and CITY's communication equipment, in
lieu of the referenced 100 KW generator. In addition COUNTY shall have the right
to install two (2) above ground propane fuel tanks. The location of said
improvements is depicted on the Site Plan attached hereto as Exhibit "B", which
replaces Exhibit "H" of the Fifth Amendment.
3. Except as modified by this Sixth Amendment, the Tower Site Lease remains
unmodified and in fiall force and effect in accordance with the terms thereof.
IN WITNESS WHEREOF, COUNTY, AT&T, and CITY have executed this
Agreement, or have caused the same to be executed by their duly authorized representatives,
as of the day and year first above written.
APPROVED AS TO FORM
AND LEGAL-SUFFICIENCY
City Attorney
ATTEST:
DOROTHY H. WILKEN, Clerk
By:
Deputy Clerk
AT&T WIRELESS SERVICES OF
FLORIDA, INC. a Florida corPoration
Print Name and Title
THE CITY OF BOYNTON BEACH,
FLORIDA, a municipal corPoration
of the State of F~lorida
Print Name and Title
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State of Florida
By:
Warren H. Newell, Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Assistant County Attorney
H:\jacob\SixthAmendmentTowerSiteLease 12-00.JD.wpd
(SEAL)
EXHIBIT "A"
(PAGE I OF 2)
LEGAL DESCRIPTION
SKETCH OF SURVEY
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EXHIBIT "A"
(PAGE 2 OF 2)
LEGAL DESCRIPTION AND
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ACCORO~G TO mi: PLAT THEREOf (~ O0'14'32' E) PLAT ~OOK 26. P~3E 214..P..B.C.R.
2. BELOW GROUN0 eaPRO'~'~MENTS ~D/OR ENCROACHMENTS Ir N4y. WERE NOT LOCATED.
3. ELEVATIONS SHOfiN HEREON ARE BASED ON THE NATIONAL G£OOETIC'VERIICAL
DA:IUId"(N.G,V.O.) OF' tg2g. - ......
~. THE UN01:R$1Gei~§ AND OAVlD ~, GERCHAR.: ~C. MAKE NO REPRESENTATIONS OR GUARANTEES
7. * THiS MAP: OF' .~OUND~R¥ SURVEY IS NOT V~.,~O WITHOUT THE SIGNATURE' ~qD --
THE ORtGINAI; :RNSEO SEN. OF A FLOml:0~'.I,~CENSE0 SURVEYOR A/~O MAPPER. · .
THERE ~ BEEN.~O SEARCH OF THE'I~U~[~ RECORDS ~PERIrORMEO BY IHI$ FIRM: . .' ~
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· . ..9' tlENCHM~RK.OF' ORIGIN:' pALM' REACH C0t~.NT~. IIE~CHMARK WIZARD. A PALM 8E,~H COUND' 'O1S1( SET.IN
· CONCIeRgE Hq0 SI'A3JPEO 'WIZARD' AT.IHJ~ INIERS[ClION OF N.W.. 1711~ AVENUE AND SEACREST BOULEVARD
', ,." · DATA, WAS OB'tJUNED USING A ~OPCON' I'JLIR~O-Gt GP$ SYSTEla AND IS.ACCUR~(E TO ac/- 20:'~N~L. IS BASED
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EXHIBIT "B"
SIXTH AMENDMENT TO TOWER
SITE LEASE AND JOINT USE
AGREEMENT
SITE PLAN
1 PAGE
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Lisa M. Swift
Site Acquisition Manager
South Florida
January 3, 2001
AT&T Wireless Services
3405 Forest Hill Blvd.
West Palm Beach, FL 33406
561 432-6455
FAX 561 432-6552
WIRELESS 561 379-9666
EMAIL lisa.swift@attws.com
M~. Wilfred Hawkins, Assistant City Manager
C{ty of Boynton Beach
P.O. Box 310
BOynton Beach, Florida 33425-0310
Re: AT&T Tower/Boynton Municipal Tower- Sixth Amendment
Dear Mr. Hawkins:
AG the request of Jacob Dom, enclosed please find six (6) AT&T executed copies of the
Si~h Amendment to the existing agreement between AT&T Wireless Services and City of
Boynton Beach.
Should you have any questions, please feel free to call me at the number above.
Sincerely,
L/sa Maria Swift
Sire Acquisition Manager
ires/
enclosures
ce: Jacob Dom, City of Boynton Beach, Real Estate Manager Via Facsimile 561/235~0210
USA
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