R03-016
II
RESOLUTION NO, R03 -OIl.,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A
CONSENT TO COLLOCATION PURSUANT TO THE LEASE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
SPRINT SPECTRUM L.P., CONSENTING TO VOICESTREAM
WIRELESS/T-MOBILE COLLOCATING ON THE
TELECOMMUNICATIONS TOWER LOCATED AT 3600 MINER ROAD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach entered into a lease agreement and
addendum with Sprint Spectrum L.P. ("Sprint"), providing for the lease of public property
located at 3600 Miner Road to Sprint for a telecommunications tower, said lease and
addendum each dated October 30, 1996; and
WHEREAS, Sprint has requested that it be permitted to collocate V oicestream
WirelesslT -Mobile Facilities on the subject telecommunication tower and site; and
WHEREAS, Section 10 of the Lease Agreement requires that the City consent, in
writing, to any request for collocation; and
WHEREAS, collocation IS encouraged to prevent the proliferation of
telecommunications towers in the City of Boynton Beach; and
WHEREAS, there will be no increase in the leased premises area; and
WHEREAS, a request for Minor Modification has also been submitted to the City for
the placement of new equipment on the leased premises, and this request is pending approval
by the Planning and Zoning Department Director; and
WHEREAS, staff has reviewed the request for collocation and recommends that the
City consent to the request subject to approval of the Minor Modification request;
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 execution of a Consent to Collocation between the City of Boynton Beach
and Sprint Spectrum L.P., consenting to Voicestream Wireless/T-Mobile collocating on the
telecommunications tower located at 3600 Miner Road, Boynton Beach.
Section 2.
This Resolution shall take effect immediately upon passage.
S:ICAIRESOlAgreementslSprint Colocation - telecommunications.doc
II
PASSED AND ADOPTED this ~ day of January, 2003.
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05/02/2003 15:18:39 20030251269
OR BK 15159 PG 0706
Palm Beach County, Florida
Office of the City Clerk
City of Boynton Beach
P. O. Box 310 .
Boynton Beach, Flonda
R03-01b
33425
CONSENT TO COLLOCATION
THIS IS A CONSENT TO COLLOCATION, entered into on Ja.ouo..ri ~ I ,
2003, by and between:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida, hereinafter
referred to as "City,"
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Partnership, authorized to do business in the State
of Florida, hereinafter referred to as "Tenant."
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WHEREAS, the City entered into a Lease Agreement for a Telecommunications Tower
Site and addendum with Tenant, providing for the lease to Tenant of public property located at 3600
Miner Road in the City of Boynton Beach for a telecommunications tower, said Lease and Addendum
each dated October 30, 1996; and
WHEREAS, Tenant has requested that it be permitted to collocate V oicestream
WirelesslT -Mobile Telecommunications Facilities, including equipment and antennae, on the existing
tower and leased premises, referred to by Tenant as Site ID MI03XC076; and
WHEREAS, Section 10 of the Lease Agreement requires that the City consent, in
writing, to any request for collocation by Tenant; and
WHEREAS, there will be no increase in the area ofthe Leased Premises, as a result of
this collocation; and
WHEREAS, a request for Minor Modification has also been submitted to the City for
the placement of new equipment on the Leased Premises, and the granting of this Minor Modification
shall be a condition of any consent to collocation provided by the City; and
In consideration ofthe mutual promises, covenants and agreements, and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree
as follows:
Collocation.
1. The foregoing recitals are correct and are incorporated into this Consent to
2. City does hereby consent to the collocation of V ociestream WirelesslT -Mobile
telecommunications facilities at the Leased Premises in accordance with the Structural Analysis
prepared by Semaan Engineering Solutions, and dated December 12, 2002, which is specifically made
a part of this Consent to Collocation.
3. Tenant acknowledges and agrees that the Lease Agreement and Addendum shall
control, despite any provision which is or may appear to be contrary in any sublease between Tenant
and the Collocating Party. Under no circumstances shall any consent provided in this consent
Consent-Sublease
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BOOK 15159 PAGE 0707
document be construed to allow any subordination by any person of the fee simple title interest of
Lessor in and to the premises leased. The consent given herein shall not relieve Tenant of any of its
lease nbligations.
4. The City's consent is expressly conditioned on the granting by City of the
Minor Modification requested by Tenant for the placement of new equipment on the Leased Premises.
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~'\\~oN :32:1 '/I,/-'l. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
l~l~..o~~~-'1i{st written above.
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By
City Manager
KURT BRESSNER
CITY MANAGER
BOYNTON BEACH, FL
Approved as to form:
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BOOK 15159 PAGE 0708
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Fax ~70 772 22I'
November 5,2002
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33068
RE: Site Address: 3647 Miner Road, Boynton Beach, Florida
Sprint Spectrum, L.P. Site ID: MI03XC076
Dear City Manager:
Sprint Spectrum, L.P., ("Sprint") as a corporate policy, believes strongly in the principle of collocation.
We have found that collocation is good for all parties involved. This is especially true for the neighborhood
in which the telecommunications tower is located, in that collocation keeps down the number of towers
necessary for companies to efficiently and effectively operate their networks. Other telecommunication
providers share our view of collocation.
VoiceStream Wirelessrr-Mobile ("T-Mobile"), another telecommunications provider, approached Sprint
and requested permission to collocate on our tower located on your property, as well as to utilize a small
part of our ground space for their equipment. We would like to comply with their request.
Please refer to the Lease Agreement for Telecommunication Tower Site, executed August 1996, Section 10,
entitled "Assignment", which says that Sprint will notify the City of a proposed sublease and the City will
provide written consent to allow Sprint the right to sublease, which consent will not be unreasonably
withheld. As such, we ask that you sign the line below, indicating that you have received this notification to
sublease a portion of our leased area, and return this letter in the self-address stamped envelope.
If you have any questions, feel free to contact me at (770) 772-2235.
Thank you.
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cc: James A. Cherof, City Attorney (via Certified Mail, Return Receipt Requested)
APPROVED BY:
Print Name:
Title:
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ADDENDUM TO pes SITE AGREEMENT
Site Name: CITY OF BOYNTON BEACH Site ID: MIA 9504
WATER STORAGE TANK (3600 Miner Road, Boynton Beach, FL 33436)
TIllS ADDENDUM modifies and amends the PCS Site Agreement referred to herein as follows:
1. Personal Property, Real Estate and Intangible Taxes: SSLP will pay all personal property
and intangible taxes levied or assessed on the PCS system. SSLP will pay any increase in Owner's real
estate taxes directly attributable to the PCS installation.
2. Rent: Notwithstanding anything to the contrary contained herein, rent will commence on
the Rent Start Date. Rent will be paid annually in advance on the Rent Start Date and on each
anniversary of it. The Rent Start Date shall be the earlier of (a) the date which is 30 days after the
issuance of a building permit for installation of the PCS, or (b) the first day of the month following
commencement of physical preparation of the Site. The annual rent will be $12,500 , partial years to be
pro-rated.
2.a Upon the issuance of a Certificate of Occupancy by CITY for TENANT's
Communications Facility, TENANT shall in lieu of making the payment of rent for the initial five year
term as provided hereinabove, TENANT shall pay to CITY a one time lump sum payment of SEVENTY-
FIVE THOUSAND AND NOllOO ($75,000) DOLLARS. This lump sum payment shall constitute the
advance rental payment by TENANT for the initial five year lease term.
3. CPI: The annual rent for each Renewal Term will be the annual rent in effect for the final
year of the Initial Term or prior Renewal Term, as the case may be, increased by an amount based upon
the cumulative percent increase of the CPI (Consumer Price Index - U.S. City Averages for Urban Wage
Earners and Clerical Workers - 1982-84 - 100, published by the United States Department of Labor,
Bureau of Labor Statistics (or reasonable equivalent index if such index is discontinued)) between the
commencement of the Initial Term and the end of the Initial Term, or the commencement and end of the
Renewal Term, as the case may be, such increase not to exceed 20 percent in any case.
4. Addendum Controls: In the event of a conflict between PCS Site Agreement and this
Addendum, this Addendum shall control.
5. PCS Agreement Remains in Effect: All terms and conditions of the PCS Site Agreement
and Exhibits thereto which are not inconsistent herewith remain in full force and effect.
OWNER: CITY OF BOYNTON BEACH, FLORIDA
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BOOK 15159 PAGE 0712
LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the
day of 'JU~C' 19 by and between:
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CI ' ' BOYNTON BEACH, FLORIDA
a municipal corporation
(Hereinafter referred to as "CITY")
AND
Sprint Spectrum, L.P.
A Delaware Limited Partnership
(Hereinafter referred to as "TENANT')
WHEREAS, CITY is the owner of a certain real property located at 3600 Miner
Road, Boynton Beach, Florida 33435, Palm Beach County, Florida; and
WHEREAS, TENANT desires to lease a portion of said real property to construct,
operate, and maintain telecommunications tower and support equipment; and
WHEREAS, CITY staff has reviewed the request of TENANT and recommends that
TENANT lease a portion of said real property; and
WHEREAS, the City Commission concurs with the recommendation of staff and
deems it in the best interest of the City of Boynton Beach to lease a portion of said real
property to TENANT; and
WHEREAS, CITY and TENANT have negotiated an understanding for the leasing of
a portion of said real property; and
WHEREAS, CITY and TENANT desire to reduce their understanding to writing; now
therefore,
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IN CONSIDERATION OF Ten ($10.00) Dollars, in hand paid by TENANT to
CITY, 'as well as the mutual covenants hereinafter exchanged, the parties agree as
follows:
Section 1. REAL PROPERTY TO BE LEASED
1.01 CITY shall lease to TENANT that certain parcel of real property, situated
in Boynton Beach, Palm Beach County, Florida, together with a nonexclusive easement
for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or
motor vehicles, including trucks, and for installation and maintenance of utility wires,
cables, conduits and pipes over, under or along twenty (20') foot wide easement
extending from nearest public right-of-way (more particularly described in Exhibit A),
which is Miner Road, to the leased property and right-of-way for access are hereinafter
referred to as the "Property". The said Property is located at 3600 Miner Road, in the
City of Boynton Beach.
Section 2. DUTIES AND RESPONSIBILITIES OF TENANT
2.01 TENANT shall use the Property for the purpose of constructing,
maintaining and operating a telecommunications tower and uses incidental thereto,
consisting of a structure or structures, as necessary now or in the future, to house its
telecommunications equipment, freestanding antenna support structure (pole), not to
exceed 150' (one hundred fifty feet) to meet TENANT's telecommunications needs and
all necessary connecting appurtenances. TENANT upon the approval of CITY may
modify its antenna support structure and building(s); said approval shall not be
unreasonably withheld by CITY.
2.02 TENANT shall place around the perimeter of the Property a security fence
of chain-link construction, or similar but comparable construction, which meets the
requirements of the Code of the City of Boynton Beach.
2.03 TENANT shall be responsible for soil borings and similar tests which may
be required as a condition of construction and for all expenses related to its
improvements which may thereafter be constructed upon Property.
2.04 TENANT shall maintain the Property in a reasonable condition and meet
all requirements imposed by ordinances of the City of Boynton Beach and Palm Beach
County, Florida.
2.05 The CITY also reserves the right to at any time during the lease, install or
have installed other antennas for government usage on 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
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communications equipment to TENANT'S emergency generator.
2.06 TENANT shall furnish, to its unmanned equipment structure, electric or
telephone service for the operation of TENANT's telecommunications equipment.
TENANT shall be solely liable for electricity expenses relating to its installation and
equipment. TENANT's electrical service shall be separately metered, and TENANT
shall be responsible for all costs associated with metering, including the cost of
installing any meter. If TENANT should install any emergency generators at this
Property, said generator shall comply with Palm Beach County's Wellfield Protection
Ordinance.
2.07 TENANT shall submit all required applications for permits to the
applicable CITY and/or County departments for review and approval and required fees.
2.08 TENANT will be responsible for making any necessary returns for and
paying any and all property taxes separately levied or assessed against its
improvements on the Property. TENANT shall reimburse CITY, as additional rent, its
proportionate share of any increase in real estate taxes levied against the Property in
excess of the taxes due for the 1996 real estate taxes on the real property in which the
Property is a part and against TENANT's improvements by the taxing authorities.
2.09 TENANT, upon termination of this Agreement, shall, within a reasonable
period, remove its personal property and fixtures and restore the property to its original
condition, reasonable wear and tear excepted. At CITY's option, when this Agreement
is terminated and upon CITY's advance written notice to TENANT, TENANT will leave
the foundation, the tower structure and security fence, to become property of CITY.
TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro
rata basis, if based upon a longer payment term, until such time as the removal of
personal property and fixtures are completed.
2.10 TENANT shall keep the Property free from any liens arising out of any
work performed, materials furnished, or obligations incurred by or for TENANT.
TENANT shall, within twenty (20) days following the imposition of any such lien, cause
the same to be released of record by payment or posting of a proper bond. No work
which CITY permits TENANT to perform on the Property shall be deemed to be for the
use and benefit of CITY so that no mechanics or other lien shall be allowed against the
estate of CITY by reason of its consent to such work. CITY shall have the right to post
notices that it is not responsible for payment for any such work.
2.11 CITY hereby grants TENANT as a primary inducement to the TENANT's
entering into this Agreement, the first priority right to install its antennas and operate its
telecommunications tower at the Property. From time to time CITY may grant to itself
and to other entities the right to operate telecommunications facilities at the Property
and/or the right to install antennas in connection with the operation of such facilities or
other communications facilities; provided, however that CITY shall not allow the
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BOOK 15159 PAGE 0715
operation ofsuch facilities and antennas by other tenants to interfere with the operation
of TENANT's antennas and equipment as it exists at the time of such other tenant's
installation or as it may be modified at any time during the term of this Agreement, as
the same may be extended. If any such interference occurs, CITY agrees to eliminate,
if the additional equipment is operated by the City, or cause the elimination of, if such
equipment is operated by a third party, such interference with TENANT's operations
within a reasonable time after receipt of TENANT's notice of such interference and, if
necessary, to cause the interfering party to cease its operations. If such interference
continues for more than thirty (30) days after TENANT's notice to CITY with respect to
such interference, then TENANT shall have the right, in addition to its right to pursue
any or all remedies available to it at law or in equity, to immediately terminate this
Agreement by giving written notice to CITY of such termination. The CITY hereby also
agrees that the TENANT has no obligation or requirements to upgrade or modify the
Tower to facilitate the use of the Tower for other entities which the CITY may authorize.
Any or all costs associated therewith, shall be borne by parties other than the TENANT.
2.12 CITY hereby agrees that, if because of TENANT's operations on the
Property any laws or regulations of the Federal Aviation Administration, Federal
Communications Commission or any other relevant governmental agency or body
require or recommend that TENANT's antennas and/or the Tower be lit and/or marked,
TENANT may install and maintain such lighting and markings. In no event, however,
shall TENANT be responsible for the installation or maintenance of any lighting or
markings required by the operations of CITY or any other tenant in the Tower. CITY
will permit TENANT access to all portions of the Tower that TENANT may need in order
to check and replace such required or recommended lighting or marking.
Section 3. DUTIES AND RESPONSIBILITIES OF CITY
3.01 CITY shall cooperate with TENANT in its effort to obtain certificates,
permits and other approvals that may be required by any federal, state or County
authorities.
3.02 CITY shall grant TENANT the right to survey said property in order to
meet requirements to submit the applications for permits.
3.03 CITY shall cooperate with TENANT in its effort to obtain utility services
along said right-of-way, including signing such documents of easements as may be
required by any public utility is unable to use the aforementioned right-of-way, the CITY
hereby agrees to grant an additional right-of-way, either to the TENANT or to public
utility, at no cost to the TENANT.
Section 4. ACKNOWLEDGMENT
4.01 CITY and TENANT acknowledge that TENANT'S ability to use the
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BOOK 15159 PAGE 0716
Property is contingent upon TENANT obtaining, after the execution of this Agreement,
all the 'certificates, permits and other approvals that are required by any federal, state
and/or local authorities. In the event that any certificate , permit or approval issued to
TENANT is canceled, expires, lapses or is otherwise withdrawn or terminated by a
governmental authority, so that TENANT is unable to use said real property for its
intended purpose, TENANT shall have the right to terminate this Agreement pursuant
to Section 7.01.
4.02 Prior to the submittal of the application for the required building permit,
TENANT shall have the right to perform or caused to be performed and shall have
competed an assessment of the Property and the adjacent areas in order to determine
whether such are contaminated by hazardous substances or pollutants. If the
assessment reveals the presence of hazardous substances or pollutants beyond levels
acceptable to TENANT and under applicable environmental laws, TENANT shall have
the right to terminate this Agreement pursuant to Section 7.01.
4.03 CITY covenants that CITY has good and sufficient title and interest to the
property and has full authority to enter into and execute this Agreement. CITY further
covenants that there are no other liens, judgements or impediments of title on the
Property.
Section 5. TERM OF AGREEMENT
5.01 See Attached Addendum - Paragraph 2 - Rent
5.02 TENANT shall have the option to extend this Agreement for four (4)
additional Five (5) year terms. Such extensions shall automatically occur unless
TENANT gives written notice to the other party of its intention not to extend this
Agreement at least six (6) months prior to the end of the current term.
5.03 If, at the end of the final year extension term, this Agreement has not
been terminated by TENANT giving to the other party written notice of its intention to
terminate at least six (6) months prior to the end of the term, this Agreement shall
remain in force and effect upon the same covenants, terms and conditions. The
Agreement shall be for annual terms thereafter unless terminated by either party by
giving the other party written notice of its intention to terminate at least six (6) months
prior to the end of the term.
Section 6. CONSIDERATION
6.01 See attached addendum I paragraph 2 - Rent
6.01 (a)
Services Provided to the' City.
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r
~Idd' ion 10 th~enyout~dabov~her TE~NT/;hall ~o~/detQe cmw.ith ->~;~
either'S, 5,000' 'servic ,lor a on~i~e cas aymenl'\1f $75,OO~r a cOnJ.binat.~ of (~\~(.,,"\__
both ~s and)!: rvices, e ualling $7'\000. In :lfld servi~s must be"i;:learfy delineated .
and agree upon y the CITY.' '-" \ . f-' i\
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6.02 After the initial term, each Annual Rent payment shall be submitted to the
CITY no later than thirty (30) calendar days after the anniversary date of the Certificate
of Occupancy. Annual Rent payments shall incur a late payment fee of 1.5% per month
(18% per annum), calculated from the Certificate of Occupancy anniversary date, for
any payment submitted to the CITY later than the date due.
6.03 See attached Addendum, Paragraph 3 - CPI
6.04 This is a net-net-net lease and TENANT shall pay all sales taxes, real
estate taxes assessed against TENANTS property, utility charges, cost of
maintenance, and all other charges and expenses associated with the tenant's use of
the demised premises of this Lease.
Section 7 , TERMINATION
7.01 The TENANT may terminate this Agreement by providing a ten (10)
calendar day written notice prior to the effective termination date.
7.02 Prior to the end of each five (5) year term, TENANT may terminate this
.Agreement by providing written notice to the CITY at least six (6) months prior to the
end of the current term.
7.03 Should TENANT default under any of the terms of this Agreement, CITY
may terminate this Agreement for cause by providing a sixty (60) day written notice to
TENANT; however, TENANT shall be given the opportunity to correct any default within
thirty (30) calendar days of receipt of written notice. This Agreement shall not be
terminated if such default is of a nature that it cannot be cured in thirty (30) calendar
days and TENANT is diligently proceeding to cure such defect.
7.04 In the event of termination of this Agreement by TENANT, all rental fees
paid prior to said termination date shall be retained by the CITY.
7.05 Upon termination, TENANT shall offer CITY first option to purchase said
antenna structure and certain remaining improvements for the agreed upon sum of One
Hundred ($100.00) Dollars. CITY shall have ninety (90) calendar days from the
effective
date of termination in which to exercise this option.
Section 8. INDEMNIFICATION
8.01 General Indemnification: TENANT agrees to indemnify, save and hold
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BOOK 15159 PAGE 0718
harmless and defend CITY, its City Commission members, officers, agents and
employees, from any and all claims, damages, liability, losses, causes of action of any
nature whatsoever, which may arise out of, in connection with or because of the use
and occupancy of the property by TENANT or its officers, agents, employees or
independent contractors under this Agreement or the breach of this Agreement by
TENANT. Pursuant to its liability, TENANT shall pay all claims, losses, liens or
settlements or judgments, of any nature whatsoever, in connection therewith including,
but not limited to, paralegal fees, attorney's fees and costs to defend all claims or suits,
including attorney';s fees on appeal, in the name of CITY when applicable, and shall
pay all cost and judgments which may issue thereon at both the trial and appellate
levels. Such indemnification shall not be limited to the amount of comprehensive
general liability insurance which TENANT is required to obtain under this Agreement.
This indemnity shall not apply to any claims arising from an act of gross negligence or
intentional misconduct of the indemnified party.
8.02 Nothing contained herein is intended nor shall be construed to waive
CITY'S rights from immunities under the common law or Florida Statutes, 768.28, as
amended from time to time.
Section 9. INSURANCE
9.01 TENANT maintains a risk management program which provides for
comprehensive general liability, property insurance and workers' compensation.
Verification of said program has been submitted to the CITY'S Risk Management
Coordinator. The CITY shall receive a thirty (30) calendar day written notice in event of
any change in the current program having an effect upon the breadth of coverage with
respect to limitations and any variance with respect to limits of liability, if less than
those indicated in the program submitted to the CITY'S Risk Manager.
9.02 UPON EXECUTION OF THIS AGREEMENT BY TENANT, THE CITY OF
BOYNTON BEACH SHALL BE NAMED AS AN ADDITIONAL INSURED AS ITS
INTEREST MAY APPEAR WITH RESPECT TO THE REQUIRED COVERAGES AND
THE OPERATIONS OF TENANT UNDER THE AGREEMENT.
Section 10. ASSIGNMENT
10.01 This Agreement may not be sold, subleased, assigned or transferred at
any time except to TENANrs 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 extsting equipment.
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BOOK 15159 PAGE 0719
Section 11.. COMPLIANCE WITH LAWS.
11.01 TENANT shall comply with all statutes, laws, ordinances, rules,
regulations and lawful orders of the United States of America, State of Florida, City of
Boynton Beach, Palm Beach County, and of any other public authority which may be
applicable.
Section 12. GOVERNING LAW; VENUE
12.01 The validity, construction and effect of this Agreement shall be governed
by the laws of the State of Florida.
12.02 Any claim, objection or dispute arising out of the terms of this Agreement
shall be litigated in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
Section 13. INSOLVENCY
13.01 In the event that either party shall become insolvent, make a general
assignment for the benefit of creditors, suffer or permit the appointment of a receiver for
its business or its assets or shall avail itself of, or become subject to, any proceeding
under the federal Bankruptcy Act or any other statute of any state relating to insolvency
or the protection of rights of creditors, or become subject to rehabilitation, then, at the
option of the other party and immediately upon written notice, this Agreement shall
terminate and be of no further force and effect.
Section 14. ENTIRE AGREEMENT
14.01 This Agreement contains the entire understanding of the parties relating
to the subject matter hereof, superseding all prior communication between the parties,
whether oral or written. This Agreement may not be altered, amended, modified or
otherwise changed nor may any of the terms hereof be waived, except by a written
instrument executed by both parties. The failure of a party to seek redress for violation
of or to insist on strict performance of any of the covenants of this Agreement shall not
be construed as a waiver or relinquishment for the future of any covenant, term,
condition or election, but the same shall continue and remain in full force and effect.
Section 15. SEVERABILITY
15.01 Should any part, term or provision of this Agreement be by the
courts decided to be invalid, illegal or in conflict with any law of this State, the validity of
the remaining to be invalid, illegal or in conflict with any laws of this State, the validity
of the remaining to portions or provisions shall not be affected thereby.
Section 16. NOTICES
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BOOK 15159 PAGE 0720
16.01' All notices or other communications required by this Agreement shall be
in writ.ing and deemed delivered upon mailing by certified mail, return receipt
requested, to the following persons and addresses:
CITY: City Manager
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33068
WITH
COPY TO: James A. Cherof, City Attorney
Josias, Goren, 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.
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BOOK 15159 PAGE 0721
17.04, Attorneys' Fees. If any party obtains a judgement against any other party
by rea,son of breach of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees and costs, including paralegal costs, at both the trial and
appellate levels.
Section 18. PUBLIC RECORDS
18.01 CITY and TENANT agree that a copy of this Agreement shall be recorded
in the Public Records of Palm Beach County, Florida, upon execution of this
Agreement. The cost for recordation shall be paid by the TENANT.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST:
CITY OF BOYNTON BEACH, FL
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Approved as to Form:
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CIty AllDmey I
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me, the undersigned Notary
Public in and for the State of Florida, on this, the (;tI, day o~, 1996, by
Gerald Taylor, WId Sut: t();-::rc City Clerk and Mayor, respectively.
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BOOK 15159 PAGE 0722
NOTARY PUBLIC
SEAL OF OFFICE
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Notary Public. Statlt of Florida
...~-:;.~ri::.:... ROSE MARIE LAMANNA
!:"f'JJ;.~:: MY cor.MSSlON' CC3lI2364 EXPIRES
~;~~ August 29. 1997
'..t.>.bli1!'..~ BOIIlED l1fIU l1lllV FAIN 1NSUIWlCE.1NC.
Printed, typed or stamped name of Notary
Public exactly as commissioned
Individuals who signed are personally
known: no identification produced
TENANT
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Title: V.iL~f<!~~ :5,/JP't.,:c_J:..d-
STATE OF FLORIDA )
COUNTY OF ~Inl aSSeR )
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I HEREBY CERTIFY that on this :,;:;"2'b day of O.:...'kob.>". 195<0
f4. ~:;..., .c:..) c._~(" Pt{.. ~ 0 / c; q<..c before me personally appeared
YY\..O-.s1A..','N J... J....... ""N~ of PCS, to me personally known to be the
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BOOK 15159 PAGE 0723
individual who executed the foregoing instrument and acknowledged before me that he
executed the same for the purposes therein expressed on behalf of PCS.
WITNESS my hand and official seal of this
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My Commission Expires: I J 1(/-.2.0::1 ':J
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Rev. 5/22/96
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BOOK 15159 PAGE 0724
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THIS AGREEMENT (uAgreementj is made and entered into as of the
f May 199.,L. by and between
7th day 0 , ("Owner") Sprint SpectrUm
The City of Boynton Beach. .'
L.P. ("Sprint Spectrum"), concerning the foUowmc described pro~erty .
owned by Own.r ("'Property;: Wat:l'!r Tank ~oralZe Facilitv
A. Sprint Spectrum has an interest in (1eaainglpurchaaincl.th~
Property Cor UN as .. tower or antenna lite Cor the receipt and transnus810n of
~e~ucommum"tm~m~;~d
B. In order tor Sprint Spectrum to determine the viability and
feasibility or the Property as a tower or antenna site, it is necessary for
employees, agents or independent contractors of Sprint Spectrum to enter
upon and inspect the Property and/or temporarily Ioca.te commuuication.
equipme,Dt on the Property to conduct ahort term radio propaption tests,
and to m"ake application with local, state and !ederalp8rmnental entities
for approval of the Property as a tower or antenna ,ite; and
c. Owner and Sprint Spectrum dlaire to provide fDr the ClZlttT
upon, iMpectioD and/or teatint activities, and application.. col1~eming the
Property pursuant to the terms contained in this Acreement.
NOW, THEREFORE. in coDSidtl'1ltioD of the mutqaJ promises,
covenant" undertakinp, and other consideration set forth in this Agreement.
Owner and Sprint Spectrum .p'ee as .fOllows:
L Conseat. Owner COIlHnta and agrees that Sprint Spectrum, ita
employees, aeeuts and independent contractors ('"Authorized Partieaj may
enter upon the Property to conduct and perform some or all ot the &'llcnvinl'
activities ("Permitted Activities'j: surveys, reotechnical soil bonnas and
analyses, phaiQ r environmental audits, boundary surveys, radio proparatioD
studies, and such other tests and inspections of the Properey which Sprint
Spectrum may deem neceslur or advisable. Sprint Spect:um al1'ees to be
responsible for any and all costs related to the Permitted Activities, includini
installation on and operation and l"emoval of equipment on the PropanJr-.
S,ri. Speanaftl ~ _ TnUr ApwlDCDC
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RECEIVED
I'OR 2 1991
CITY MANAGER'S OFFICI
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BOOK 15159 PAGE 0725
PAGE B3
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2. Filings. Owner consents and a~e6 that the Authorized
Pattie. may make and file applicatio%U on Owner's be halt to tuch local, state
and federal governmental entities ",hose approval Sprint Spectrum =a1
consider necessary or adviaab1e to have the Property approved u a tower or
antenna site. includin~. but not limited to, governme~~al approvals for 7:oning
variances, rezoning applications. building permits and wetland perm.it..
Owner hereby agrees that an executed c:cpy of this Agreement is as effective
as the originaL However, if requested by the Authorized Pu-cies. Owner
agrees to execute IUch other and further documents as may be retluired by
the governmental Qntity in question to eVidence Owner's consent to the action
which is proposed to be taken.
3. Access, Owner alrees that the Authorized Parti8. m.ay enter
upon the Property to perform the Permitted Activities upon execution oC this
~t and may have access to the Property for up to l"20
d~ ~~DWJ. .
4. Removal ot Propert7. Sprint Spect1'1Ul:l a~.. that it will
upon th. conclusion or the term of this Agreement, remove any 8quip=.u~
inatalled on the Property as a part of the Permitted Activities. repair any
damage to the Property that might have been caused in counection with any
of the Permitted Activities. and will return the Property to tbe condition it
was in before Sprint Spectrum', entry onto the Ptoperty, In the event any
equipment installed on the Property by Sprim Spectrum is not tim.ly
removed, Owner will have the right to remove such equipment and Sprint
Spectrum acne. to be responsible for the reasonable costs of such removal.
6. Indemnity. Sprint Spectrum acree, to indemnify, lave
harmles., and defend Owner, ita directors, officers, employees, and property
manacement apnt, if GY, from &Ad alainst any and all claims, a=ons,
dam are', liability and expense in connection with penonal injury and/or
damace to property arisinc 1rom. 01' out oC any occurrence in, upon or at the
Property caused by the act or omission of the Aathorized Partiel in
conducting the Permitted .4.ctivities. Any defense conducted by Sprint
Spectrum of an1 such claims, actions. damaps. liability and expense .-ill be
conducted by attorneys chosen by Sprint Spectrum, and Sprint Spectrum will
be liable Cor the payment of any &11d all court COlts, expenses oflir:iration,
reasonable attorneys' Cees and any judgment that may b. entered theRin.
. FM
6. Il15urance, At Owner's request. Sprint Spectrum a fill to nf\ f;;
provide a certificate of insurance evidencinc Sprint Spectrum's i surance Y
coverage,
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BOOK 15159 PAGE 0726 PAGE &4
7. Governiul Law. The partiu agree that the interpretation and
constructioq of this Acreement shall be covemed by the laws of the state of
~ 0" \ ~ without regard to such state's conflict of lawl provisions.
IN WITNESS WHEREOF. the parties hereto have executed this
Aereement as of the day and year first above written.
SPRINT SPECTRUM L.P.
OWNER:
M:
Name:
Title:
Date:
By:
Name:
Title:
Date:
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BOOK 15159 PAGE 0727
RESOL UTION NO, R03 - 0 r I.,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A
CONSENT TO COLLOCATION PURSUANT TO THE LEASE
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
SPRINT SPECTRUM L.P., CONSENTING TO VOICESTREAM
WIRELESS/T-MOBILE COLLOCATING ON THE
TELECOMMUNICATIONS TOWER LOCATED AT 3600 MINER ROAD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach entered into a lease agreement and
addendum with Sprint Spectrum L.P. ("Sprint"), providing for the lease of public property
located at 3600 Miner Road to Sprint for a telecommunications tower, said lease and
addendum each dated October 30, 1996; and
WHEREAS, Sprint has requested that it be permitted to collocate V oicestream
Wireless/T -Mobile Facilities on the subject telecommunication tower and site; and
WHEREAS, Section 10 of the Lease Agreement requires that the City consent, in
writing, to any request for collocation; and
WHEREAS, collocation is encouraged to prevent the proliferation of
telecommunications towers in the City of Boynton Beach; and
WHEREAS, there will be no increase in the leased premises area; and
WHEREAS, a request for Minor Modification has also been submitted to the City for
the placement of new equipment on the leased premises, and this request is pending approval
by the Planning and Zoning Department Director; and
WHEREAS, staff has reviewed the request for collocation and recommends that the
City consent to the request subject to approval of the Minor Modification request;
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 execution of a Consent to Collocation between the City of Boynton Beach
and Sprint Spectrum L.P., consenting to Voice stream Wirelessrr-Mobile collocating on the
telecommunications tower located at 3600 Miner Road, Boynton Beach.
Section 2. This Resolution shall take effect immediately upon passage.
S:\CAIRESOlAgreementslSprinl CoIocation - telecornrunications,doc
II
BOOK 15159 PAGE 0728
Dorothy H. Wilken, Clerk
PASSED AND ADOPTED this -<<L day of January, 2003.
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