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R99-145RESOLUTION NO. R99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN ADDENDUM TO THE GROUND LEASE AGREEMENT BETVVEEN THE CITY OF BOYNTON BEACH AND UNISITE, INC. AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 3, 1999, the City entered into a Ground Lease Agreement with Unisite, Inc.; and WHEREAS, this Agreement did not include a necessary access and utility easement, which has been corrected by the attached Addendum; 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 an Addendum to the Ground Lease Agreement between the City of Boynton Beach and Unisite, Inc., a copy of which Agreement is attached hereto as Exhibit "A". PASSED AND ADOPTED this o~ day of Oc.:c~bor, 1999. Mayor Pro Tern Commissioner Lessor: Lessee: Property: Site No.: ADDENDUM TO GROUND LEASE AGREEMENT City of Boynton Beach UNIsite, Inc., a Delaware corporation Part of Lot 92, QUANTAM PARK AT BOYNTON BEACH, P.I.D. Plat No. 3, as recorded in Plat Book 60, pages 29-31, Public Records of Palm Beach County, Florida 48110 This Addendum to Ground Lease Agreement ("Addendum") is attached to and made a part of the Ground Lease Agreement (the "Lease") dated as of the 3~ day of September, 1999, by and between CITY OF BOYNTON BEACH, A FL Municipal Corp., having a principal place of business at 100 E. Boynton Beach Blvd. ("Lessor") and UNISITE, INC., a Delaware corporation, with an office at 3450 Buschwood Park Drive, Suite 250, Tampa, Florida 336t8 ("Lessee") Without limiting the terms of the Lease, Lessor and Lessee, intei*ding to be legally bound, further agree as follows: All capitalized terms shall have the meaning ascribed to them in the Lease unless othenvise defined in this Addendum. 2. With respect to EXHIBIT "B," DESCRIPTION OF PREMISES: DESCRIPTION OF PREMISES ACCESS AND UTILITY EASEMENTS, a copy of which is attached hereto, is hereby attached to and made a part of EXHIBIT "B." The parties agree that the access and utility easements shall be temporary until such time that formal access is determined by improvements of the parent tract. If, in the future, Lessor requires the use of the land occupied by the access and utility easements, the access and utility easements may be moved to another location acceptable to both parties and the servicing utility company, provided that said location shall not disrupt the operations and transmissions of Lessee or any of it's tenants. o All terms and conditions in the Lease and Exhibits thereto which are not inconsistent herewith remain in full fome and effect. IN wITNEss WHEREOF, Lessor and Lessee have caused this Addendum to be duly executed as of the date of the Lease. LESSOR: LESSEE: CITY OF BOYNTON BEACH UNISITE, INC. By: .-~ .~d ~--~/'~--. fc~'~ ~ ~'-,...._ By: Title: i'qa, toR ) Title: ~d m.~¢o.~-~ ~ 2 T:~Vublickshared docs\OmnipointkSiteskMiami'~8110 Quantam Park~Addendum to Lease.doc DESCRIFI'ION OF PREMISES ACCESS AND IJ'llt,ITY EASElVlI, NTS OA/ OF. tAt'af? 'S.S-:- EaRES. . , ' " ' · ' -' ~--3~ 0f ~E.P~BUC RECORDS ~ PA~ B~ ~N~,' ~0RDA, '~E C~RUNE ~G MORE. PAR~LY D~I.BD ~ F~OWS: · COMMEN~ AT .~E ~U~ST CORNER ~. S~O. gOT 92; ;. '~. ~C~ AL0~ ~E SOU~ UNE ~ S~D LOT 92, NOR~'~'L~ ~CN~ ARC CF A ~R~. TO ~E. ~, ~G A ~ ~N~ 0F 21~'2~' AND A R~IUS OF 55~00 ~, AN ~C DISTAN~ OF 2~29 ~ ~0 ~ ~E~ING OF NS0*41'30'W TO ~E POINT ~ BE~NIN~,' '~ID POINT 0N A ~NE 37.~ F~ ~ST OF ~D P~Alt~ ~ ~E ~ ~E OF SAID LO~9~ POINT A~O B~NG ON ~E ARC OF A NON--T~G~T ~ CON~ TO ~ST,' A ~DIAL ~E OF ~ID ~R~.~R~ ~ID'P~NT HAVING A OF N28'~'~8~: ' · . , '. ~CE NOR~S~ERLY ~D N~LY. ~ SAID PA~I~ UNE, Ak~ ~': ~E ARC OF ~lO CUR~ TQ ~E RI~T, HA~NG A ~AL.~G~ OF 66~6'i~ AND A ~D~S 0F 687.00 ~ FOR ~ ~C DIST~CE OF 802.61 ~TTQ ~INT OF. RE~ ~RVA~RE. CF A TAN~T ~R~ CON~A~ TO ~E ~; ~CE NORthLY ~G ~E ARC. ~ S~O ~R~ ALONG ~D P~AU ~ .~E HA~NG A RADIUS ~'12~00 AND A ~AL ~ OF 04~2'1~" FOR AN ARC ~STAN~ OF 101.62 .~ TO ~E PO~T ~ ~D ~D St~A~ ~ :~E ~ ~ BORON ~ PALM BEACH ~CRIDA, CONTAINING :21;701 SQU~ ~T, MORE OR L0r 92~. QUAN~M PARK AT ~0N e~, P.LD. P~T N0. 3 AS ~E~RDm · PLAT BOOK 60, PA~S. 29-31 OF ~E ~BUC RE~DS 0F PA~ BEA~ ~IDA. '- . · November 17, 1999 VIA OVERNIGHT MAIL Ms. Maryann Sarka City Clerk's Office 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Re: Resolution #R99-145 UNIsite f/48110 Quantam Park Dear Ms. Sarka: Enclosed please find a fully executed copy of the Addendum to the Ground Lease Agreement between UNIsite and City of Boynton Beach. Please feel free to contact me at 813-915-3544 if you have any questions regarding the enclosure. Sincerely, Barbara Bondurant Paralegal Enclosure