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R03-167 , I RESOLUTION NO. R03- I b 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE EIGHT AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT WITH AT&T AND PALM BEACH COUNTY; AND PROVIDING AN EFFECTNE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon ecommendation of staff, hereby deems it to be in the best interests of the citizens and esidents of the City of Boynton Beach, to approve the Eight Amendment to Tower Site ease and Joint Use Agreement with AT&T and Palm Beach County; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does ereby approve, and authorizes the City Manager to execute the Eight Amendment to Tower Site Lease and Joint Use Agreement between the City of Boynton Beach, AT&T and Palm each County, a copy of which Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2003. A TrEST: /:>,(,y. Commissioner S:\CA\RESO\Agreements\Joint Use Agreement PBC - AT&T Tower Site Lease.doc R03-/t, 7 ************************************************************************ EIGHTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT between CITY OF BOYNTON BEACH, AT &T WIRELESS SERVICES OF FLORIDA, INC. and PALM BEACH COUNTY, FLORIDA ************************************************************************ Exhibits: Exhibit "G" - Antenna Tower Schematics C:\Documenls and Sellings\Larry Helmich\Local Sellings\Temp\City ofBoynlon Beach.At&T Tower.8th Amendment. FinaL 10.07.03. wpd K ()~- rb r EIGHTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT THIS EIGHTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT(R-99-311-D), is made and entered into this l day of OcTOHi:R~ 2003, by and between The City of Boynton Beach, Florida, a municipal corporation (~CITYil), AT&T Wireless Services of Florida, Inc. a Fl()noa coipl)l'ationf"AT&r'), 1md Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY"). WITNESSETH: WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into that certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 (the "Original Lease") for the construction of a 320-foot self-supporting communications tower upon the Premises; and WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the successor in interest to West Palm Beach Cellular Telephone Company, entered into that certain Amendment to Tower Site Lease and Joint Use Agreement, dated June 21, 1988 (the "First Amendment"); and WHEREAS, CITY and Palm Beach Cellular Telephone Company, as successor in interest to Palm Beach County Cellular Telephone Company, entered into that certain Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20, 1989 (the "Second Amendment"); and WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille as Sheriff of Palm Beach County, entered into that certain Joint Use Agreement dated August 22, 1989 (the "Third Amendment"); and WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and Joint Use Agreement in 1998 (the "Fourth Amendment"); and WHEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower Site Lease and Joint Use Agreement dated February 23, 1999'(the "Fifth Amendment"); and WHEREAS, CITY, AT&T and COUNTY entered into a Sixth Amendment to Tower Site Lease and Joint Use Agreement dated June 5, 2001 (R2001-0867)(the "Sixth Amendment") in order to modify the legal description and authorize the County to install a generator with fuel tanks; and WHEREAS, CITY, AT&T and COUNTY entered into a Seventh Amendment to Tower Site Lease and Joint Use Agreement dated May 21,2002 (R2002-0766)(the "Seventh Amendment") to allow AT&T to install new antenna and transmission lines to accommodate new third generation Global System Mobil technology. The Original Lease, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment and the Seventh Amendment is hereinafter referred to as the "Tower Site Lease"; and WHEREAS, in order to accommodate the CITY OF BOYNTON BEACH desire to replace and relocate an existing antenna to improve coverage, it is necessary to modify and replace the Antenna Tower Schematics exhibit of the Tower Site Lease. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and various other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. All defined terms as used herein shall have the same meaning and effect as in the Tower Site Lease. 2. Exhibit "G" (Antenna Tower Schematics) attached to the Seventh Amendment to the Tower Site Lease shall be replaced with Exhibit "G" (Antenna Tower Schematics) attached hereto. 3. Except as modified by this Eighth Amendment, the Tew~r Site Lease relOOin5 unmodified and in full force and effect in accordance with the terms thereof. IN WITNESS WHEREOF, COUNTY, AT&T, and CITY have executed this Agreement, or have caused the same to be executed by their duly authorized representatives, as of the day and year first above written. WITNESS: By: A T& T WIRELESS SERVICES OF FLORIDA, INC. a Florida corporation print name By: By: Print Name and Title print name (SEAL) . P~/~.t) THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State fFlorida APPROVED AS TO FORM AND LEGAL SUFFI~Y ~ C1J V\-- l\)(I\{\03 City Attorney By: Print Name and Title KURT BRESSNER CITY MANAGER BOYNTON BEACH, FL ATTEST: PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida DOROTHY H. WILKEN, Clerk By: By: Karen T. Marcus, Chair Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Assistant County Attorney By: Audrey Wolf, Director Facilities Development & Operations Exhibit "G" (Antenna Tower Schematics) NOTES. JL...ID: 1. SEE ATTACHED TABLE FOR ANTENNA AND CABLE DETAILS. 2. THE DRAWING IS CONCEPTUAL ONLY AND NOT TO BE CONSIDERED A CONSTRUCTION DRAWING. THE DRAWING IS NOT TO SCALE. 14 275' IS 4. SITE lOCATION DETAILS, lA T I TUDE. 26-32-28N 110 LONG I TUDE. 80-04-18W 235' TOWER HEIGHT AGl. 306 FEET FACE WIDTH AT GROUND. 40 FEET SITE ELEVATION AHSL. 18 FEET TOWER ORIENTATION. S = 180 DEGREES 113 112 NW = 300 DEGREES NE = 60 DEGREES 114.15.16,17 nL.2OC 130' 120 100' 100' 100' NW NE NW s ~ 800 ~z TX '\ANTENNAS CITY OF BOYNTON BEACH COMMUNICA TIONS TOWER NO. REVISIONS DATE 12/31/01 ADDED ANTENNAS 117.27.&28 2 EXCHANGE ANTENNA 12 DB810 FOR A BMR-12 9/15/03 PALM BEACH COUNTY TECHNICAL INFRASTRUCTURE DIVISION SHEET FILE: G: \ENGINEERING\SITES\BOYNTON\BOYNTON.DWG 1 OF 1 DATE: 9/15/03 Exhibit "G" (Antenna Tower Schematics) PALM BEACH COUNTY TECHNICAL INFRASTRUCTURE DIVISION BOYNTON BEACH TOWER ANTENNA LIST SEPTEMBER 15, 2003 1 DB810 DECIBEL BOYNTON BEACH TRUNKING SYSTEM 315' S 2 BMR-12-0 CELWAVE BOYNTON BEACH TRUNKING SYSTEM 295' NW 3 DB810 DECIBEL BOYNTON BEACH TRUNKING SYSTEM 275' S 4 BMR12-B CELWAVE COUNTY TRUNKED SYSTEM INPSPAC} 275' NW 5 BMR 12-B CELWAVE COUNTY TRUNKED SYSTEM INPSPACI 275' NE 6 BMR12-B CELWAVE COUNTYTRUNKEDSYSTEM(NPSPACI 245' NW-S .- 7 BMR12-B CELWAVE COUNTY TRUNKED SYSTEM fNPSPAC} 245' NW-S 8 BMR12-B CELWAVE COUNTYTRUNKED SYSTEM fNPSPAC} 245' NW-S 9 BMR12-B CELWAVE COUNTYTRUNKEDSYSTEMfNPSPACI 245' NW-S 10 DB264 DECIBEL SHERIFF'S OFFICE VHF RECEIVE 235' NW 11 4' GRID DISH DECIBEL MICROWAVE TO BOYNTON BEACH CITY HALL 235' S 12 PAR8-59A DECIBEL COUNTY MICROWAVE TO EOC 200' NW 13 DB264 DECIBEL FBI VHF RECEIVE 200' NE 14 DB564 DECIBEL A T& T WIRELESS CELLULAR ANTENNAS 150' NE 15 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 150' NE 16 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 150' NE 17 7262.01 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3G 150' NE 18 PAR6-65A DECIBEL COUNTY MICROWAVE TO SOUTH EMS 130' S 19 PO 455 ANDREW BOYNTON BEACH MOBILE DATA SYSTEM 100' S 20 DB222 DECIBEL MOSCAD VHF BACKUP ANTENNA 100' NW 21 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S 22 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S 23 DB564 DECIBEL A T& T WIRELESS CELLULAR ANTENNAS 100' NW-S 24 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S 25 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S 26 DB564 DECIBEL AT&T WIRELESS CELLULAR ANTENNAS 100' NW-S 27 7262.01 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3G 100' NW-S 28 7262.01 ALLGON AT&T WIRELESS CELLULAR ANTENNAS 3G 100' NW-S 29 VHF Y AGI DECIBEL UNKNOWN 20' NE 1. ANTENNA 4 IS RECEIVE ONLY ON THE FREQUENCIES LISTED. ANTENNA 5 IS RESERVED FOR FUTURE USE. 2. ANTENNAS 6,7,8.&9 ARE TRANSMIT ONLY ON THE FREQUENCIES LISTED. 3. COUNTY MICROWAVE FREQUENCIES AND ERP TO BE DETERMINED AS PART OF THE 800 MHZ SYSTEM DESIGN. MICROWAVE DISH LOCATIONS MAY BE MODIFIED TO MEET THE DESIGN REQUIREMENTS. 4. ANTENNAS 17,27 &28 ADDED BY AT&T 12/31/01 FOR 3G REQUIREMENTS 5. CITY OF BOYNTON BEACH CHANGED ANTENNA #2 DB810 TO A BMR12-0 9/15-03 rR DJ-'/h7 The City of Boynton Beach 100 E Boynton Beach Boulevard p.o. Box 310 Boynton Beach, Florida 33425-0310 ~\\:.o~ ~". ",.f. > .}'" .... \';J; -"0 N €> October 13, 2003 Mr. Michael S. Brown AT&T Wireless 10603 Cape Hatteras Drive Tampa, Florida 33615 Dear Michael, Enclosed are two original of the Eight Amendment To Tower Site Lease and Joint Use Agreement. As indicated in the letter from Larry J. Helmich they require all entities sign and return to the County to be presented at their commission meeting. Fully executed copies will be sent after the County approves the amendment. I realize from our conversation it may not be possible to get the required signatures and return the documents to me by October 20, 2003. I appreciate your attempts to expedite to the extent possible.. If you have questions I can be reached at (561)742-6032. Sincerely, <l~i .' ,/ 7(,/ t-t. <. J / /) Y lie \.L ~'-, ~f Phyllis Dixon Facilities Development &. Operations Department Property &. Real Estate Management Division 3323 Belvedere Road, Building 503 West Palm Beach, FL 33406 (561) 233~0200 FAX: (561) 233-0210 wwwpbcgov.com . Palm Beach County Board of County Commissioners Karen T M'arcus, Chair Tony Masilotti, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson Addie L. Greene County Administrator Robert Weisman "'An Equal Opportunity Affirmative Action Employer"' October 9, 2003 City of Boynton Beach Phyllis Dixon Communication System Manager 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Ms. Dixon: Please find attached the Eighth Amendment To Tower Site Lease and Joint Use Agreement (two originals). Please have the approved City official and City attorney sign the two amendments. Due to your ongoing dialogue with AT&T concerning this amendment, I would request that you forward the two originals to AT&T for execution. The County requires proof of the signatory authority form AT&T. To that end, I have attached two letters from a past transaction amendment which you may wish to forward to AT&T to assure they supply us with the correct authorization information, although the actual parties referenced therein may have changed. Please have AT&T return the amendments/documents to you, and you can forward same back to me. I appreciate your help concerning this matter as the County attempts to expedite your request. I am hoping to make the Board of County Commissioners board meeting of November 18, 2003. In order to make this meeting, I need both copies of the enclosed amendment returned as soon as possible. I need to turn in the completed Board package, which includes the two copies of the amendment by October 20. 2003. If it will help AT&T, they can fax the signatory authority directly to me (561-233-0210 [make sure they cc you with same]) and send the originals thereafter. Thank you for your assistance concerning this matter. My direct phone number is 561-233-0237 if you have questions. L._ WithreS~i:r ~~ Larry J. e1mich, CPM Real Es~ate Specialist c. Richard Bogatin, Manager, Property Management t;.\Prnnprf" I\;{......,.. \.'......;~.....,.....__. . 'W January 10, 2002 ~ -=- ==AT&TWireless - To: Larry Helmich Palm Beach County Property and Real Estate Department 3323 Belvedere Road, Bldg 503 West Palm Beach, FL 33406 561-233-4400 3405 Forest Hill Blvd. West Palm Beach, Fl. 33406 Re: Site Name: Lease DOC #: AT&T Site #: Site Address: LETTER OF REQUEST Boynton 8each U-2001-0867 WP05 (WP80044) 551 NW 15th Avenue, 8oynton 8each, FL Mr. Helmich, As a 'esnll of lechnologkol changes and impmvemenls, AT&T wHl be modifying ils lelecommnnicalion sile localed at Ihe above add,ess. Cnrrenlly there are six (6) anlennas al Ihe 98' height and Ihree (3) al Ihe 149' height. AT&T will add Iwo (2) new anlennas al Ihe 98' heigh~ and one (J) aolenna al the 149' heighl. and Iwo (2) new I 518" cables fo, each new anlenna, fo, a lOlal of six (6) new cables. The new antennas will I,"nsmil between /945.0000-1950.0000 m,d recei ve betweeo 1865.000-1870.000 f'''Inendes. Michael Inlian, System Development Manag", has anlhO';ly to sign lease amendments. Enclosed is confo,m.lion of his anlho,;,alion. If .ny additional infonnalion is reqnired please COntacI Linda Socolow'I 954-868-1805, whn i, wi Ih 02 Wi,ele" Solnt iOl", Inc., which has a snbeonl,"cI wi Ih Bechlel, relaled 10 the deployment of the installation. Sincerely, , .I) ( ) "7.. .'J ~ ... ( / ~ j ...i-- /' (t....,. . _ i/ Michael J. Julian r0iJ '0<,:; Recycled PClper I .-. CERTIFICATE OF ASSISTANT SECRETARY OF AT&T WIRELESS SERVICES OF FLORIDA, INC. The undersigned, Donise E. Brown. certifies: I am a duly eJected, qualified and acting Assistant Secretary of AT&T Wireless Services of Flodda, I no., a Flodda wpo"" ion, and ,hal as suoh I am au'hodzod 10 'OnHy on beha I f of 'he C o'po,"Hnn, Iha..he fOllowing Is a 'rue and OOITeol OOpy of ,esoluHons duly adop'ed by 'he BO",d of Di"oI0" of said CO",","llon on July 05, 200' , and 'ha. said ,esolu'ions have no. been "sdnded, mod lfoed 0' "pea led and remain in full force and effect on the date hereof. RESOL VEO, .h" Michael JuHan, SYSlem Development Manag" ("Authodzed Employee") shall have 'he aU'holl.y.o ent" In'n and sign leases amendments, easemen.s and "I"ed oon''"o" 0' doouments fo, p<openy loo"ed withIn the S.ale of Flo,ida '0 be used fo, oommunic"'ons fadllHes, so long as .he 10'a' soheduled payments du,lng the fo", 5 yea" of any panlcul", lease, Inoludlng pOlemlal "newals of leases wl.h an 'n"'alleon of less than 5 yea", exoJuding adjuSlments based upon an InOallon Index, do no. ex 'Oed $250,000.00, on behalf of .hls Co,!,o,"Hon, wheth" the Co,!,o,,,lon Is aOllng on Its own 0' as agen. fo, A T&T Wireless Services of Florida, Inc. FUR TH ER RESOL V EO, 'h" any aoHons P"vlously 'aken by Au.hodzed Employees wl.h 'espeOl '0 leases fo, oommunicallons fadllHes Is h"eby ''''foed, .h" 'he aU'hodty g,"nled h"eby shall "main In effeOl until ellh" (a) "neeled by .he BO",d, n, (b) A u'hodzod Employee Is no long" employed by AT&T Wireless Services of Florida, Inc. or one of its subsidiaries; and FURTHER RESOLVED, th" 'hls "solu.ion SUpe"edes any p"o"esoluHon oflhe BO",d g"mlng special authority to Authorized Employees. IN WITNESS WHEREOF, I have signed this Certificate on the 18th day of January, 2002. A T&TWireless Services of Florida, Inc. f