Loading...
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. S:\CAIRESOlAgreementsISprint Colocation - telecommunications,doc CITY CH, FLORIDA .. Return to: (enclo~~ self-add' ~sed stamped envelope) Name ~ J/ ~~ r- ~ ~ Lt~ j.,/ D \ l; f)..\ I U"} \j\ 1181111111111111 mllm IIIIII111I Address: 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," "'r' -"- "'c',.,.. '''':0 '''" and ,;':::J I.'f" ''''; ... . ~-;.. ;':: SPRINT SPECTRUM L.P., a Delaware Limited Partnership, authorized to do business in the State of Florida, hereinafter referred to as "Tenant." ....() 3: .r:- :,JJcj ~:;e:: -t, -;, ~:S. '0:r; tr1(-, C--V"'> .v 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 Parcel BF-2 Rev. 12/21/00 -1- Nil 'P ~ Xl r;>1b -p 'L- 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. \ \ \ \ \ \ Ii If Ii 1/1/1' ~'\\~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. ~"._ 'J. () ..,...,. .;. ,~:, r,f AT~~T: ~ CIT OF BOYNTON BEACH !-..>~ '. ..?~ en"" 11/ ~ ~ "'J .' () By City Manager KURT BRESSNER CITY MANAGER BOYNTON BEACH, FL Approved as to form: ~~ /{C5 City Attorney Consent-Sublease Parcel 8F-2 Rev. 12/2 1 / 0 0 -2 - M,I 0'7 X LOU' -,9 "L WITNESSES: AI~/tL WJh,.-'- k/ iFl~~ STATE OF ~?Kltf,A COUNTY OF fvl.lVtY BOOK 15159 PAGE 0708 TENANT: SPRINT SPECTRUM L.P. By jptt-J1'(r .Jrr~~ ~4 I ,.n. 44""''- BY~~ lJ1-tl~ z/;>o/=- "'^w'Rtm"t!-1>' ' ~ - ~At.l--A,y.ovtt: ' 1) Jf?fF~pfL ~ ~A~"" I1vJ,Je?l'V (SEAL) ,....- ~~"","mnnl1l"'h~ .... r A~"" L. DA ;~). ~~~....... :"""f'k~M O~.~SSION ;:;"~~ iii".. ~f:j '""9:'. (" ~ ~ :~ FEB ~\ ~ e*: 28 :*0;: =:~ ~: ' ~ ~ ~ 2003 /if: ,~ ~ .. ./S : ~::.::: ~~.. ~,...().~ ~-O" cc"..::t,.' ".<-~' ~ ..' .....,. .. ''} ~--..' ~ 'J-L/ .,....... '':;'':c<..'" ~,.., Ay \' \.),..<:"., II/I'l' .' III/i,',i' ,'I' ,"', c'-. ,.." d 11l!UP My Commission Expires: .;./ ~~ I b~ Commission Number H:\1990\900 182.bb\agmts\towers\consent to collocation. doc Rev. 01-16-03 Consent-Sublease Parcel 8F-2 Rev. 12/21/00 fV'11 17; x. t..o7b -p? -3- BOOK 15159 PAGE 0709 ~ Sprint Sprint Sites USA GAROS002()] U~7 lIel1loree I~oad SUite 2~O I(oswell. GA 5007() Voice 77() 772 2220 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. . /' JcerelY, i I r / ' i I I,' ,('. : ^' / \1 .J. 1\ :1 j )L1 vt~ Tonya gley I I 1J1 Prope Specialist" U cc: James A. Cherof, City Attorney (via Certified Mail, Return Receipt Requested) APPROVED BY: Print Name: Title: DATE: v tLe>. i \ I , '1'\ ~ w,...~ ~~ ~\C;N }P- tP- """" D-fpr~' , '/_ / tJ-t /-. / ~ BOOK 15159 PAGE 0710 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 " 7 )/ ,~ BY: SS/Tax No. 59-60002 2 100 East Boynton Beach oulevard Boynton Beach; FIOrid~~:/ DATE: f?/~ fL.~ I : f'II )0.3 J( at) 1b -0 Z. BOOK 15159 PAGE 0711 '~.",":"1.-.JJ ~.~.'..Il ..... tw f I I SPRINT SPECTRUM L.P.. & Qejaware limited L: ifT;/ I YW""'erswp ,'1 _ I r-". l i /1 , I {.,.1 , ' ! By: / ,-,"'l---^__" t; V\ i Its: MT A Director , Address: 1260 N. University Drive. ~ Plantation.. FL 33322 , Date: ,0/3,) h (. : I ( , f- I i I I I I I i I I ! .i I j I. I i , I ; ./ i , ,I i " (" , , 1\11 tl J J. C07b - t" l.- 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: Q;/., , } 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, i'\I} 1193 .x~f) 7 b - ~ .~ ,f9t. -~J ~ '~~\ BOOK 15159 PAGE 0713 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 "-\ ' , ;' ,_I M 7t?3X?o1L' -p L. (........\ ' I \ \ , BOOK lSlS~ PAGE 0714 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 ,-) , """ ,p3X ~o 1/1 - P l- \\ " I 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 M,IPl>Al-P71.t -{> l- :c ~- \ \ 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. M I P 3 XC D7 b - (>"'L ...Y " ......1 ,....;" ' .. \ ~ \. \ BOOK 15159 PAGE 0717 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\ I Ii'''' I , 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 M 1t?3.x.CD'7/P-!> 2..- ~. \ :-- ...::\\ ~,'~ 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. \ '-,-.::- t111 f73)(t.-o 7t. ~f) 2- ....~ -J '\ 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 1'1/ P.3 )( e.o 71" ~ P '2- \ '~ ~: 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. /VI It:? 3)( 4-07b-OL -\ " . r " 'J\ 1\" \ 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 /na~ ~ .cLJ....-- C~C*k ~~ u&yu~ ~~ Approved as to Form: /) !! 'C {~t/; lLl'cL-- 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. ttlcu(.u~ C~Ccd"~ . !~ .\ , .- M,c;.3X UJ ttr ,<) "2- '. \.,\:" \. . BOOK 15159 PAGE 0722 NOTARY PUBLIC SEAL OF OFFICE iAw /J1aL-~ i;t~n/)~ · 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 .- (print name) AU< (/ AI1 C~r's h-~- I (print name) .-PeS 5 e ~I. .'""-:- 5 VI.:: c ;tZ. ,Y"\. \.. ::;) " (I ~. By' ! I .[, ~\G'VV'---- l \;~ Title: ~,.)r....,.. 0 !.'hoJ,. ~'\f-:'e3'''f'':'''' -' II Attested by: 1 Q..~ Q., : A""" Title: V.iL~f<!~~ :5,/JP't.,:c_J:..d- STATE OF FLORIDA ) COUNTY OF ~Inl aSSeR ) ~ .~v-.::-..{'~ 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 E-;S' "'#- ()/'r"N~ )).'e..:, -k~. M1~3X ~/)7/.rl"2 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 ~') (.. +-..... n .'.-? _ ~..;I I l~qL . , My Commission Expires: I J 1(/-.2.0::1 ':J 900182 Tower.lse Rev. 5/22/96 6/4/96 ~~l:'( Pll~ DEBRA ANN STEPPE :It t" COMMISSION # CC 524148 '.:!!.~ .; EXP1RESJAN11,2000 ~OF~ (tIllP3 XU> 7/" -{> Z- .~? day of .r\ 0 I;, ~~, i -~ ~ ~~. -' ..J{),,~~ ;' t.J Notary Public ,'l:>~ I.. .1_'_ 4. '...... name) <'"" ' ~,.;; i-- ",," :-) "'_ " ill' {print BOOK 15159 PAGE 0724 ReCel'iea'; 41 ~- 96'; 'Q:56; ~~'B2/1996 a9:54 95~~7~2'18 => OFFICE DEPOT 71; _2 95447'18 MTG PAGE B2 .;... :.. Site:.lQi~~Sit8I.D. if bD4? MT~ 'CV~ S~ Areq , ENTRY AND TESTING AGREEMENT a-.... \ \ n\\~W\.\. 9 s-04- 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 V,moa 1.0, Da~ t 1.)0." 1:'-I-'r.OIg\purcI&aM\cMlInt,doc S........:'IIM16 RECEIVED I'OR 2 1991 CITY MANAGER'S OFFICI M I t)3 'J(tD7l.o -0 '2- '35447 ....118 MTG BOOK 15159 PAGE 0725 PAGE B3 R"c-eH'''C,' 4/'- 96, '1:56.; n4/e2/1'3'36 e'3:54 QS4.742"e .. OFFICE DEPOT 71; .3 "'- 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, SfIW s..- ~ ,ad TaIiac A",._ Ven_ t.o. OIIICItt.J009$ 1:~~'-sc.dOc S.........:JIIt1196 2 JV11 ~ 3 X 49 7 U -0 'L ~ecel~~~: ~ ~/~O: ~:51; . a4/e~;1996 B9:54 95..'42118 " OFFICE DEPOT 1I; ,W ':354,474~119 MlG 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: ~ iJ:::~- ('A.f!t YY10J'7v t; c-7'l /YJar' ~ I /9 ~h tpri. Speanaa &Illy aad T_. AtmmnI Vlnilla t.o. 0aIIlt n.JO.~ I:~rctluc\alnuc.doc SI",*.:3I1~ 3 f\111P3 X4J7/',-l>,- II 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. ;,' . .:.:" '.' ,,' '.:! ~: i,~'!II/1 ~'''~'' l<:~ -':', '.. ~~ -~.. .....- ,..... -" --..... \1.1 ~'$; ;::'t 1". ~:',', 'J/JNI., i ~; S:\CAIRESOlAgreementsISprinl Colocatlon . teleconTnUnications.doc CITY lOYNT?Bt): FL~RIDA ~a)1lr- '4 ~~~~ Vice Mayor