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R98-193RESOLUTION NO. R98-Iq3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE TOWER SITE LEASE AND JOINT USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AT&T WIRELESS AND PALM BEACH COUNTY COMMUNICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to execute Amendments to the. Tower Site Lease and Joint Use Agreement with AT&T Wireless and Palm Beach County Communications; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute Amendments to the Tower Site Lease and Joint Use Agreement with AT&T Wireless and Palm Beach County CommuniCations, attached hereto as Exhibit PASSED AND ADOPTED this ATTEST: (Corporate Seal) s~R~o~g~T&T Tower'~ day of December, 1998. CITY OF BOYNTON BEACH, FLORIDA Mayor vi'ce M~ :~ or Pro Tem Cell Site WP-05 "Boynton' THIS FOURTH AMENDMENT TO TOWER SIT~ LEASE AND JOINT USE AGREEMENT (this "Amendment") is entered into ~ :day of , 1998, by and ,between the CITY OF BOYNTON BEACH, a municipal corporation organized under the laws of~tbe State of Florida ("Lessor"), AT&T WIRELESS SERVICES OF LORIDA, INC., a Florida corporation ("Lessee"), pr. edeeess~ ~ in interest to "Palm ~each CeHu~z~' Telephoner Corupally, a Florida general parme~h'.m" ("Paxmership"), which was the mdeeess~ ~ in .interest to "Palm Beach County Cellular Telephone Co?any, West aka Beach, Florida" ~ Ce~dm'"),'which was the pmdeees~l, ~ in interest to ~est Palm Beach Cell-i~r Telephone Company, Riveria Beach, Florida" ("WP Cellular"), and ALM BEACH COUNTY, joined by the SHERIFF OF PALM BEACH COUNTY WITNESSETH~ WHEREAS, Lessor and WP Celb~!nr entered into that certain Tower Site Lease and $oint l.~se Agreement dated November 18, 1986 (th~ "Origiml Lease"), ~by Lessor lensed to WP CeH-l~r and WP Cellular leased fi-om Lessor ~ "Premises" as defined in " · - · - .( the "Lease, as hereinaRer defined)located in Palm Beach .Comay, Flo~ and ' WItERKAS, Lessor and PB Cellular entered into thnt ~ Amendmem to Tower Site Lease nnd ,loint Use Agreemem dated June 21, 1988 (the "Fast Ame~t"); and t Amendment Number 2 to 1989 (the Second Amendment ), ~ ~ to locate various ns f~ on the tower located on the Prenises (the: O~ginal Lease, as amep. ded by ,tl~ First Amendment, the Seco_miff Amendment and the Third Amendment shall be ~ collectively referred to as tl~ "Lease );and ' WHEREAS, Lessee desires that the Lease provide terms and conditions for tie ftm~ collocation of other wireless communications service providers on the ~ and WHEREAS, Lessor and Lessee (as joined by the Sheriff ) desire to amend the Lease, as heroillat~er moro partic~fl-rly set fortlx NOW, THEREFORE, in consideration of the sum of the TEN AND 00/100 DOLLARS ($I0.00) and other the'receipt and snf~ciency of which are herob~ agree as follows: 1. The rocitations set forth above are true and correct and are ~rporated herein by this reference. In the event of any conflict or ambiguity between the terms and provisions of thl.q Amendment'and the terms and provisions of tl~ Lease, th~ Amendment shall controL Any capitalized.terms used herein, unless otherwise defmed or unless the context indicates otherwise, shall have the same meaning,~ 5U~hrt~ ofthe Lease. 2. Section 1 of the Lease is hereby deleted in its entirety and restated as follows: "Lessor is the owner ,of that ~ parcel.of real pro~ located in Palm ~B~ County, Florida, located at ~15 N.W. 15 Avenue, Boynton Beach, Florida 3343~, as moro particularly desc'n'l~ on F, xl:u'bit "A" ~ hereto and a part hereof (the ~Propert~). a portion of the Property, together with a the antenm tower facility located~ on described on ] : forth in Exhibit "B" , Extn'bit "A" to the Lease is FTL/ROMANOCr2102~3/45970 ! LDOC/9~9D& ~ ."~....:~g/$ 2 100 feet to the NW,,~corner~the~fl~thence~,run ~sst to the Point of 4.~ ~ The legal descriptions set forth on Schedule ~-~"_1* attache~ hereto shall be added to the Lease as Extu'bit "A-3" to the Lease,, and Shall hereafter be deemed to 5e the legal , 5. ': Lessee shall have the right to lease (pursuant to a separate, lease agreement with reaso~ly required by such Authorized Co- User to rr~ira~in and operate a wireless conmamicntlons ~ under SUCh terms and conditions in its reasonable discretion. The exact locations of'any Authorized a manner so as to avoid interference Sheriffs or any ~ther rhea existing Autho~ Co-. ~ of the Property or ~ (as the case maybe) and ~o most the ~ use of tho Property.and ti~ Premi.~es (as the case may be) ~ Authorized Co-User. Ia no event shall any by such Authorized Co-Users interfere, ~ or Sheriffs, or any Other then existing SUbject to the terms of the Lease (as modified by now or after an AuthOriz~ Co-User has COllocated on the Nuipment on the ~ and (~ such ~additional wireless co~ns lkcilities and/or operation, on the ~ rr~t~ interfere with Lessor's, Sheriffs or operated ia compliance with Federal Comnmnications ~ or moai~ect, is ~ to and/or equipment 5ased on Authorizmt Co-User shall be requ/red to pay rent (the "Co-User which shall be det~ by the Las sm in its reasonable (including sales or um tax). ~ Co-user Rem other thin~ pursuant, to th~ ~alr l to tho rental of commm~afions ~ found in the South Florida FrL/RO~ I0283/459701LDOC/9/29~ . ~.....~8207~ 3 region at the time such lease agreement is entered into by and between Lessee and such Authorized Co-User. In addition to the Co-User Rent, Less~ may charge an Autho~ Co-User a fee as a conm'bution to 'defray the costs and expenses associated with the p~uning, ~, instalhtion, consm~ion and maintenance B. Eac~ any and of the C. LeSSOr FTI./R~ 10283/4S9701LDOC/O/29;9 .;L'~'~....S82075 ,4 - Ftg. Each Autho~-,d Co-User will be required to pay the Reven-~s directly to Lessee, at its office or such place as Lessee may from time to time designate. Lessee agrees to submit to Lessor, Lessor's portion of the Revenues within forty-five (45) days of Lessee's receipt of any such payments. 6. The succession of the Lessee entities as mo~e nan cuh v set forth in th~ Preamble of this Amendment is evidene~ by the documentation attached hereto as Except as specifical~ set forth herein, the terms and provisions of the Lease ~h~li remain unmodified and shall continue in full forcz and effect. -[TIIE REMAINDER OF TI~N PAGE INT~NTION.,~LLy LF. FT BLANK] [SIGNATURES APPEAR ON NI~ PAGE] IN WITNESS WHEREOF, the parties have entered into this Amendmeut as of the day and year first above writtext Signed, scaled and delivered in the presence of these ~s: Signed, sealed and delivered in the presence of these witnesses: Print Name: LESSOR: CITY OF BOYNTON BEACH, a municipal co.ration o~ under the laws of the State of Approved ~ to ~ ~ Legal IL, S~ (_ ./~'~'V . Pr~ Name: 0~~ C~ LESSEE: AT&T WIREL~S SERVICES OF FLORIDA, SCHEDULE "1'- ~IT 'A-3" to the Tower Site Lease and Joint Use Agreetnent dated November 18, 1986, as ~ tv and between the c-TrY oF. BOYNTON BKAC'~ a nmnicipai corporation orgnnized Under the laws ofthe Stnte of Florida ('~-sso~, AT&T WIRELESS SERVICES OF FLOItmA, INC., a Florida corporation P_Ai~iI~: Co~ at the NW corner of the Property as desm~l in ~ above(the "Pm~ mn East a distame of 14.6 feet to a point on the north line of said Property, thn~ run South a distanoe of 16 feet, more or less, to tl~ Point of Beginning of th~ herein deson'bed PARCEL 1. Thn~ run East a distance of 12 feet to th~NE comer thm~tj thence run South a distange of 3~ f~'tto tl~ SE comer thel~/~ theu:e run West a distan~ of 12 feet to/!~ SW. corner thereo~, thnx~ nm North a ~ of 35 f~."t to the NW corner.~-reof and Point of Beghming, containing 420 sq. Ft. ~: Co~ at the SW comer of the above descnted PARCEL 1, run East a distance of I foot and 3 inches to a point on the south lira of said PARCEL 1; thm~ run South a distance of 8 feet to the Point of _Be~ ami mn East'a distnnoe of 40'feet 5 inches to the NE corner ~ thence nm l-A-3-1 southwesterly along a line deflecting from the previous direction at an angle of 60 degrees, a distance of 40 feet/i inches to a point; thence run northwesterly along a line deflecting from the previous direction at an angle of 60 degrees, a ~ of 40"feet 5 inches to the point of Beginning, co~ 890 Sq. Ft., mor~ or le~. EXHIBIT G- PAGE 1 O) NOTE~ 1. SEE A'FrACHED TABLE FOR ANTENNA ANO CAI:ILE DETAILS. 2. COUNTY a00 MHZ ANTENNAS AND MICROWAV~ DISH LOCATIONS ARt aASF..D O~ UOTORO~ SPECIFICA'ilONS OF 7/27/98. 3. THE DRAW1NG ,$ CONCEPTUAL ONLY AND NOT TO BE ¢ONSIOERED A CONSTRUCTION 0,RA~ING. Tile DRAWING IS NOT TO SCAZ.F, LATZTU~[~ 26-32-3BN ~T'~BOYNTON BEACH CITY COMMUNICATIONS TOWER .~ REVI S IDNS ,,,, PAL! BEACH COUNTY ZATIONS DIVISION DATE~ e/ug. EXHIBIT i - PAGE I EXHIBIT I - PAGE 2 MUNiCiPAL, F~iQUEN~,¥ L,I~T , 'I " ~ PAGE 2 OF2 17~.N , I~ ~ AT~T ~ ~ , ' ~.~ ~ ~ AT&T ~S ~L~ ~ :~ ~ ~ ; 114.~ I I~,~: AT&T~G~'~[~ .... T I~ m ' ~.~ ~TIT ~.~-~ ~ ~ .... ; , : ~ ~ iMM, M~ AT&T~- __ I' I i I : Facilities Development ~ Operations Department ~ Real Estate Property BSanagement Division 3323 Belvedere Road. Building 503 West Palm Beach. FL 33406 (561) 233-0200 FAX PREM: q561) 233-0210 www. co palm-beach.fi.us Palm Beach County Board of County Commissioners Maude Ford Lee. Chair en H. Newell. Vice Cha,rman Karen T. Marcus Carol A. Roberts Mary McCarty Burr Aaronson Tony Masilotti County Administrator Robert Weisman "An Equal Opportunfty ffirmative Action Employer" April 7, 1999 VIA FEDERAL EXPRESS Hugh McCaffrey, Communications Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Re: Fifth Amendment to Tower Site Lease and Joint Use Agreement Between the City of Boynton Beach, AT&T Wireless Services and Palm Beach County Dear Hugh: Enclosed herein please find two fully executed originals of the above referenced Agreement. Thank you very much for your cooperation in getting this agreement finalized and executed by all parties. I look forward to working with you in the future. Sincerely, Ross C. Hedng, Director Property & Real Estate Management RCH/mmr EnClosure C: Clark Curtis, Project Manager - w/encl Sharon Vilchek, Real Estate Technician, PREM - w/encl H:\WPDATA\Hefing~ICCAFREYSTH.AMD.wpd ~ ~printed on recycled paper R99 311 D FIFTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT between CITY OF BOYNTON BEACH, AT&T WIRELESS SERVICES OF FLORIDA, INC. arid PALM BEACH COUNTY, FLORIDA Exhibite: A Premlae~ B Original Lea~e C Flint Amendment D Second Amendment E Third Amendment F Fo~r'~h Amendment G To~- Loading Di&gra~n - H Site Plan I Frequenclee H :\WPOATA~BOYNTO .N.ATT. wlxIMMR- 12/10/9~ FIFTH AMENDMENT TO TOWER SITE LEASF AND JOINT USE. AGREEMENT THIS FIFTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT, made and entered into this day of FE~ ;~'3 l§~, 1998, by and between The City of Boynton Beach, Florida, a municipal corporation, ("CITY"), AT&T Wireless Services of Florida, Inc. a Flodda corporation ("AT&T") and Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY") WITNESSETH: WHEREAS, CITY is the owner of certain real property in Palm Beach County, Flodda. legally described in Exhibit "A' attached hereto and made a part hereof (the "Premises"); and WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into that certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 a copy of which is attached hereto as Exhibit "B' (the ".Original Lease") for the construction of a 320 foot self support 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 a copy of which is attached hereto as Exhibit 'C' (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 August 22. 1989, a copy of which is attached hereto aS Exhibit 'D' (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, a copy of which is attached hereto as Exhibit "E' (the "Third Amendment'); and WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular Telephone Company, are entering into that certain Fourth Amendment to Tower Site Lease and Joint Use Agreement of even date herewith, a copy of which is attached hereto as Exhibit 'F' (the 'Fourth Amendment'). The Original Lease. as amended by t'.e First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment are hereinafter referred to as the 'Tower Site Lease'; and WHEREAS, pursuant to the Tower Site Lease, the predecessors of AT&T constructed upon the Property and CITY now owns, a 320' self support communications tower (the 'Tower'); and WHEREAS, COUNTY desires to obtain space on said Tower to install, operate and maintain its public safety communications equipment. 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 wh!ch are hereby acknowledged, the parties hereto.agree as follows: ARTICLE I Section 1.01 Subordination of Agreement. This Fifth Arc, sndment shall be subject to each of the terms and conditions of the Tower Site Lease, except as expressly provided to the contrary herein and COUNTY sh all comply with each and every of the terms, covenants and conditions of said Lease, ~ncluding, without limitation the interference I~rovisions of Section 7 of the Original Lease. ARTICLE II TERM OF AGREEMENT Section 2~01 Length of Term and Commencement Date. The term of this Fifth Amendment shall commence upon the date of execution hereof by COUNTY (the "Commencement Date") and shall extend for a period of thirty (30) years thereafter, unless earlier terminated pursuant to the provisions of this Fifth Amendment. ARTICLE III RENT Section 3.01 Rent. COUNTY shall pay CITY an Annual Gross Rent of Five Thousand Dollars ($5,000) during the term of this, Fifth Amendment. *~'he Annual Gross Rent shall be payable on the first day of the month following approval by the City of Boynton Beach and AT&T of COUNTY's Site Plan and the issuance of building permits for construction/installation of COUNTY's commudication equipment (the 'Rental Commencement Date'),.and on each anniversary thereof during the term of this Agreement. In addition, COUNTY shall pay all real estate taxes attributable to the Premises. AT&T~ acknowledges and agrees that said revenue shall be and remain the sole property of CITY, notwithstanding anything tothe contrary contained in the Tower Site Lease. Excapt as expressly set forth to the contrary in this Fifth Amendment, COUNTY shall not be required to make any further monetary payments in considerationof the rights granted herein to use and occupy space upon the Tower and within COUNTY's equipment building. ARTICLE IV CONSTRUCTION AND ALTERATIONS Section 4.01 COUNTY shall have the right, subject to the provisions of Section 4 of the Original Lease, to install upon the Tower COUNTY's antennas and equipment identified in the Tower Loadih~ Dlegn, n~, attached hereto as Exhibit 'G'. In addition, COUNTY. at its expense, shall have the dght to construct and/or install a 432 square foot equipment building, one (1). one hundred kilowatt (100KW) generator and one (1), above ground propane fuel tank in the locations depicted on the Site Plan attached hereto as Exhibit 'H". COUNTY agrees to hold harmless and indemnify CITY and AT&T, to the extent permitted by law and without waiver of sovereign immunity, against any environmental impact adsing from COUNTY's installation of the propane tank or the maintenance and/or filling thereof., COUNTY shall install an upgraded tower grounding system in accordance with Motorola's R56 specifications for COUNTY's 800 MHZ program. COUNTY shall provide at its cost and expense all labor and materials necessary to connect said grounding system and COUNTY's generator to CITY's equipment building. ARTICLE V USE OF TOWER Section 5.01 Use. COUNTY's communication equipment and buildings and the location of same on and about the Tower are identified on the Tower Loading Diagram attached hereto as Exhibit"G"and the Site Plan attached hereto as Exhibit "H". COUNTY shall have the right to use and operate its equipment buildings, antennas and frequencies identified as assigned to it on the Site Plan attached hereto as Exhibit "H" and the Tower Loading Diagram attached hereto as Exhibit "G" dudng the entire term of this Agreement without interference by any party. The frequencies to be utilized on the Tower are set forth ~n Exhibit "1" attached hereto and made a part hereof. COUNTY shall not utilize any frequencies not identified as assigned to COUNTY in Exhibit "!" in its operations on the Property without the prior written consent of CITY and AT&T. Section 5.02 Access COUNTY shall have the right to enter upon the Property at all times ~n order to gain access to its communication equipment, and CITY shall provide COUNTY with 24 hour access to COUNTY's equipment building. COUNTY shall comply with any reasonable secUrity procedUres established by CITY to prevent unauthorized access to the Tower site and equipment buildings. COUNTY shall provide CITY and AT&T with not less than 48 hours prior notice of any entry upon the Tower, except in the event of an emergency,. CITY, COUNTY and AT&T shall each designate emergency contact personnel to notify in case of an emergency requiring access to the Tower. Section 5.03 Hazardous Substancea ~' COUNTY shall not use, store or dispose of any "Hazardous Substances" on the Property.including, without limitation: (i) friable asbestos; (ii) urea formaldehyde foam insulation; (iii) polyChlorinatad biphenyis; or (iv) petroleum products; the handling, storage. transportation, disposal of or exposure to which is prohibited, limited or regulated by any federal, statd,County, regional or:local: authority. Notwithstanding the foregoing. COUNTY shall have the right to use such limited amounts of substances which may technical constitute 'hazardous materials'which are normally and customarily used in the conduct of its business operations, provided that all such substances are handled, transported and used in fUll compliance with all applicable laws and regulations governing the use thereof. COUNTY agrees that it shall be fUlly: resPOnsible for any cleanup or remediation of the ProPerty arising out of COUNTY's failure to comply with the provisions of this Section. ARTICLE VI INSURANCE COUNTY shall upon execution hereof provide CITY and AT&T with a certificate evidencing self insurance coverage for comprehensive general liability in the amount of $100.000 ~ Person and $200,000 per incident or occurrence which shall include coverage fi3r Ol~c. ns, automobile liability, premises liability and property damage. County shall maintain said insurance in full force and effect at all times dudng the term of this Fifth Amendment. In the event the Legislature should change COUNTY's statutory limits of liability above or below the sums insured against. COUNTY shall provide insurance to the extent of such limits of liability. ARTICLE VII REPAIRS AND MAINTENANCE Section 7.01 Tower. AT&T acknowledges and agrees that it is responsible for maintenance and repair of the Tower pursuant to the ToWer Site Lease. Notwithstanding the foregoing, any and all damages to the Tower caused by COUNTY shall be repaired by COUNTY at its sole cost and exPense. COUNTY shall immediately commence to repair said damageand shall thereafter diligently prosecute said repairs to completion. In the event that the Tower Site Lease with AT&T is terminated while this Agreement remains in effect, COUNTY shall thereafter be resPOnsible for payment .of fifty percent (50%) of the costs and expenses actually incurred .by CITY in maintaining and repairing the Tbwer. COUNTY shall reimburse CITY for its share of such mainten&nce and repair costs on an annual basis within thirty (30) days of COUNTY's receip.'.; of an invoice, together with such dn~.urnAntation es mav reasc, n~blv be reoucstcd.l,~' COUNTY', s Finance Department to ARTICLE VIII UTILITIES CITY shall provide electrical service for operation of the Tower Lighting System COUNTY shall construct and/or install at its sole cost and expense electrical service in sufficient capacity to operate COUNTY's communication equipment specified herein. COUNTY sl~all install a separate meter measurmng the consumption of electricity associated with COUNTY's use of its communication equipment and equipment building. COUNTY shall be responsible for payment of all separately metered, utility charges for the operation of COUNTY's equipment and equipment building. COUNTY agrees to provide CITY with emergency backup electrical power from its generator in sufficient capacity to power CITY's communication equipment in the event of a power failure at COUNTY's sole cost and expense. ARTICLE IX ANNUAL BUDGETARY FUNDING This Agreement and all obligations of COUNTY hereunder are subject to and contingent upon annual budgetary f.unding by the Board of County Commissioners of Palm Beach County. ARTICLE X- MISCELLANEOUS PROVISIONS Section 10.01 Cooperative Agr~emenL a) CITY. COUNTY acknowledges and agrees that the CITY is allowing COUNTY to utilize the Tower in recognition of the potential benefits to be derived by the South Palm Beach County Public Safety Communications Cooperative in establishing a link between the COUNTY's and the Co-op's 800 MHZ systems. The COUNTY agrees that it will provide the Co-op access to utilize the Smart Zone Controller to be located at the COUNTY's Forest Hill Blvd. Tower at no cos{ to the Co-op. In addition, the COUNTY will establish microwave communications between the sites with capacity for the Co-op's required six Tls. The foregoing is subject to the COUNTY and the Co-op agreeing upon and entedng into a formal wdtten agreement addressing the operation and maintenance responsibilities for said controller and equipmenL The interfaces between the Co-op's systems and the COUNTY's microwave subsystems and controller are not being provided pursuant to. this Agreement. b) AT&T. COUNTY acknowledges and agrees that AT&T is allowing COUNTY to utilize the Tower in consideration of the mutual benefits to be gained by COUNTY and AT&T through sharing space on each other's towers, COUNTY agrees that it shall allow AT&T to place its .::ommunicafion equipment on COUNTY's 400 foot self support tower at 20 mile bend at no charge to AT&T. AT&T agrees that it shall allow COUNTY to place its Communication equipment on AT&T's Lantana Tower; Section 10.02 Notice~. Any consents, approvals and permissions by thc.parties hereto shall be effective and valid only if in writing and any notice by either party to the other shall be in wdting and mailed prepaid by certified mail return receipt requested, addressed: (a) if to CITY at: Communication Division 100 E. Boynton Beach Blvd. Boynton Beach, .FL 33435 (c) If to AT&Tat: AT&T Wireless Services of Florida, Inc. 3405 Forest Hill Blvd. West Palm Beach, FL 33406 Attn: James E. Randall Site Acquisition Manager with a co py to: AT&T Wireless Services Legal Department 11760 North U.S. Highway 1 North Palm Beach, FL 33408 Attn: Real Estate Counsel (D) If to the COUNTY at: Palm Beach County Property & Real Estate Attn: Director 3323 Belvedere Road, Bldg, 503 West Palm Beach, FL 33406-1548 with a ~opy to: Palm Beach County Attn: County Attorney 301 North Olive Avenue West Palm Beach, FL' 33401 or at such address as the COUNTY, CITY and AT&T respectively, may designate in writing. NI notices given hereunder shall be effective and deemed to have been duly given only upon receipt by the party to which notice is being given, said receipt being deemed to have occurred upon such date as the postal authorities shell show the notice to have been delivered, refused, or undeliverable, as evidenced by the return receipt. Rest of page intentionally telt blank. · Section 10.03 Binding Effect; Severability. This Fourth Amendment shall be binding upon and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. In the event that any term, covenant, condition or provision of this Fourth Amendment and/or the Tower Site Lease is prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent the same is prohibited or invalid, but the remainder hereof shall not be invalidated and shall be given full force and effect so far as is possible IN WITNESS WHEREOF, COUNTY 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. ATTEST: a political subdivision of the DOROLHY H. WILKEN..Clerk ~,,,,,,,,,State/~,/jof Flor~a ..... Deputy Clerk /o..*" APPROVED AS TO FORM AND LEGAL S~FFICIENCY %,,,~ ..... ; ..... ~ ' PALM BEACH COUNTY. FLORIDA. 1999 51! D ATTEST: ~ .......... APPROVED AS TO FORM'Z/iilIliIlli[t~~ AND LEG~ SUFFICIENCY Ci~ AEom~/~ THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida Print Nam& AT&T WIRELESS SERVICES OF FLORIDA, INC. a Florida corporation Print Name H:~,W~'OATA',BOYNTON.ATT.wlxl ~ - 12/'10/g~ EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Commencing at the NW comer of the property as described in Exhibit "A" above (the "Property") run East a distance of 14.6 feet to a point on the north line of said Property, thence run South a distance of 16 feet, more or less, to the Point of Beginning of the herein described PARCEL 1. Thence run East a distance of 12 feet to the NE corner thereof; thence run South a distance of 35 feet to the SE comer thereof; thence run West a distance of 12 feet to the SW comer thereof; thence run North a distance of 35 feet to t he NW comer thereof and Point of Beginning, containing 420 Sq. Ft. PARCEL 2: Commencing at the SW comer of the above descdbe PARCEL 1, run East a distance of 1 foot and 3 inches to a point on the south line of said PARCEL 1; thence run South a distance of 8 feet to the Point of Beginning and NW comer of the herein described PARCEL 2, being triangular shaped. Thence run East a distance of 40 feet 5 inches to the NE comer thereof; thence run southwesterly along a line deflecting from .the previous direction at an angle of 60 degrees,, a distance of 40 feet 5 inches to a point; thence run northweeterly along a'iine deflecting from the previous direction at an angle of ;60 degrees, a distance of 40 feet 5 inches to the .Point of Beginning, containing 890 Sq. Ft. more of less. ' this _ 18th,day of .. Nov~nber _, 1986, between the City of Boynton Beach, Florida (Lessor) and West Palm Beach Cellular Telephone Ccmloany,' Riviera Beach, Florida (Lessee). For good and valuable consideration, the parties agree as follows: 1. Premises. Lessor hereby leases to Lessee a parcel of land and portions of the antenna tower facility located thereon ("the Premises") owned, by Lessor and located within a fenced tower area at 551 Northwest 14th Avenue, Boynton Beach, Florida 33435, and described on Exhibit A attached hereto (the Property), subject to the terms conditions of this Lease and the additional terms and conditions set forth in Exhibit B attached hereto and incorporated' herein by reference. 2. ~Term. This Lease shall be for a period of fifty (50) years, commencing on the date of this agreement. Lessee shall have : the right to extend this Lease for three (3) additional ten (10) year terms. Exercise. of this right shall be by written notice to Lessor at least ninety (90) days prior to termination of the initial or any renewal lease term, ~u~d ~ubject to Lessor.s approval. 3. Rent. a. Lessee shall pay Lessor, as rent, the sum of ten ($10) dollars per mOnth. Rent and any revenues due Lessor fr~n Lessee's third party tower facility use shall be payable on the first day of each mOntJl in advance at such place as may be designated by Lessor, except that rent for the first .month has been paid upon execution of this Le~se, ~d..Lessor ac;m(z.:~ledge~- r¢..~i~t of ~his m~a,~.. b. In the event of termi~,=tion of this Lease at a time other than the end of one of the specified rental periods, 'then the re~t shall be prok-ated as of the date of term/nation, and, in the event of' termination for any reason other than nonLpayment of rent, all P~.epaid rent shall be refunded to Lessee or paid 'on account: -1- 4.~ 'ovements; Liability; Access; l_ities. a. Lessee shall erect and, for the duration of this Agreement, maintain on the premises an antenna tower, base and ground- ing system (hereinafter called "tower facility") which shall beccme and remain the property of Lessor. Maintenance of above tower faci- lity. will not inclUde (unless otherwise contracted) Lessor's antennaes, dishes, cables, modifications or appurtenances. In preparing pr~ni- ses Lessee shall provide for the location and construction of Lessor's grounding facilities and building and off site preparation to inclUde a building foundation, generator pad, fencing the tower site as w~ll as power and phone connections to a point where separate metering can be used. b. Lessor shall erect at its sole expense and for the sole use of Lessor a supporting outbuilding for housing-of Lessor's electronic equipment and ancillary e~ergency power generating equip- ment, which shall remain the property of Lessor. Lessee shall have the right to erect and mintain on the premises a supporting out- building for housing of Lessee's electronic equi[ment and emergency ~ power generating equipment which shall r~main the property of Lessee" c. The "tower facility" shall be erected and maintained at the sole expense of Lessee and at its sole risk. Lessee shall pay .for any and all damage to persons as w~ll as to property that my in any manner be caused by the erection or maintenance of the "tower facility", and shall save Lessor harmless 'frc~n any loss or damage by reason of the erection or maintenance of the "t6wer facility". d. Lessor shall provide Lessee ingress and egress for vehicles, wires, pipes, cable, conduits and related appurtenances as shall be necessary for the bringing of electricity, gas, water, telephone and any and all other utilities to-t~he ~renises an~ .f~? reasonable and proper storage of such fuel as Lessee shall de~: necessary for an e~erg~_-.~,/-a,-_-_~liary p~;cr supply. e. Lessor and ~ssee shall each be responsible for their respective electric utility and telephone service each to be separately metered and charged. Lessee shall assu~e all charges for operating and maintaining tower. -2- 5. .~e__~s. against the property. Lessor shall pay all ta~. of any kind assessed 6., Use. Lessor shall operate a public safety VHF and 800 MHz UHF trunked radio syst~n with attendant microwave facilities as liconse~d by the Federal Ccranunications Ccmnission (FCC), to bo located above a tower height of tw~ hundred (200) feet (exclusive of "YAGI" antennas at a height of fifty (50) feet or below and within the para- meters established herein). Lessee shall operate a cellular radio cem- munications syst~l and attendant microwa~ facilities as licensed 1~ the FCC, to be located at or below a maximua tower height of tw~ hundred (200) feet. Lessor and Lessee reserve the right to enter into third party agreements for user access and user space on their respec- tire portions of the tower facility so long as the criteria established o 1~ section seven (7) of this agre~nent have ~ met or ~:~ed, and prov~ded~ that' tower design specifications and manufacturer and installer affected. All gross revenues gen'm~rated. ~.. by LeSsor's third party will b>. -Lessee ~gstruction (excluding ) as ($227,337.60) all such revenues will be betw~=_n the Lessee and Lessor. and/or use~ access When the faci ii B ! · : 50 ~bas~s The pr~m%ises may be used by both Lessor and Lessee'fo~ the transmission 'and reception of ccmnunications and signals in-any and all 'frequencies. allowed by law or which may be allowe~ by law in~ the future, and for the construction of necessary facilities, ante~nas or equipment buildings, s~ lated hereinafter and limitations and engin~ 7. In_~t.erferen alln~- t'.ho Us.,~ of ~he operations of the other ~ject to the non-interference provisions sti.?u- ubject to windloading, li~itat'ions, warranty ring certifications. ~.e. Neith mr Lesso)' nor Lesse~ shall use nor m~y way wn~c~ interferes with the ,;ever, the right and obligation of Lessor to operat~ a public safety radio system is 'absolute and shall not bs violated no~ subjected to .,rbit~:~.tio~l~ Any such v,~0~lation by Lessee shall oe~ned a material breach of th':.?. Agrec~m_nt e~.;~id~ L~¥~',,sor shall have the Lq~diate right to unilate[-~::] ]y terminate any inter-- fering use by original Lessee's '&ird part:.e? o;.: assigns. Lessor. and Lessee agree, ever, to utilize all resourc ' their disposal to mutually minimize and/or eliminate frequency and/or interm~dulation interference now and in the future. Any other change in use (for example, as'to frequency, antenna location or change in antenna size or type) by either party, shall be on a mutual consent basis, subject to technical and engineering studies approved by both parties, the cost for which shall be borne by the party seeking the additional use or change in use unless the City cc~munication frequencies are affected by government licensing bodies, and in such case Lessee will adjust to such 'governmental determinations that direct Lessor frequen- cies. ~ne specific frequencies that are "absolute", and not to be violated, (except as identified above by governmental action) as referred to above are attached with Exhibit D to this Lease. 8. .Insurance l Lessor and-Lessee shall at all times during the term of this Agreement at each of its expense maintain a policy or policies of casualty and ccmprehensive general liability insurance in an amount not less than tw~ (2) million-doliar~ ~ ,, $2,000';"000) with premiums thereon fully paid in advance~ '.isSued by a Best's AAA-rated" cco~oany or City self-insurance program, insuring all the equi~nent and the premises and covering acts and cmissions of the other party. Said pollcy or policies shall name the other party as co-insured, and cer- tificates or insurance shall be provided to each other by both parties ~rithin sixty (60) days of initial issuance and the respective policy annual renewal dates. 9. .T..erminatioq. This Agreement may be terminated on thirty (30) days after written notice as follows: (a) by either party upon a default of any covenant or term hereof by the other which is not cured within thirty (30) days of receipt of written notice of default; (b} .b~ ..~.~ upon ninety (90) da¥~'wri~ten.~otice to Lessor. ~n the exercise of such right by Lessor or-Lessee this Agreement shall beccme null and ~id and neither will have any further obligation to the other, except Lessee's right at its so] e option to remove any and all fixtures, appurtenances, improvements and equipment erected, locata~, placed or constructed by Lessee on the pr6mises, (other than t.~ze tower facility, and Lessor's equiD~_nt building and appurtenant facilities), the removal of which shall ..be coordinated with Lessor and shall be at the sole expense of Lessee. --4-- -i 10. "_~uction of Premises~. If thc raises or Lessee's improv~nents thereon are. destroyed or damaged, Lessee may elect to terminate this Lease as of the date Of the damage or destruction by notice._ . given' to Lessor in writing not n~re than 45 days following the date of damage. In such event, all rights and obligations of the par- ties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reinbursement of any prepaid amounts paid by Lessee and att'ributable to the anticipated term following the date of termination. 11. Condemnation. If a condemning authority takes all of the property, or a portion sufficient, in Lessee's determination, to render the premises unsuitable for the use which Lessee was then making of the pr~mises, this .Lease shall terminate and be of no further force or effect as of the date the title vests in the con- _ d~aning authority. The parties shall be entitled to share in the con- demnation proceeds in proportion to the values of their respective inter.ests in the property. Sale of all or Part of the property to a purchaser with the power of eminent dcmain in the face of a threat, or probability of the .exercise of power, shall be treated for the pur- poses of this section as a taking by condemnation. 12. .Hold Harmless. (a) Lessee hereby assumes, releases and agrees to id~mnify, defend, protect and save' Lessor harmless frc~ and against any 'loss of an/or damage to the property of Lessor, third parties or Lessee, and all loss and/or .damage on account of injury to or death of any persons whcmsoever arising in any way out of Lessee's use or occupancy of the premises, the installation, _use, maintenance, repair or r~m~oval of Lessee's equiu~ent, or out of acts or cmissions to act of Lessee, its employees, agents and invitees, unless such loss and/or damage arises Le~ssor, its .e~ployees, agents or invitees. :1 (b) Lessor hereby assumes, releases and agrees to indem- nifY, defend, protect and save Lessee harmless f~cm and against any loss of and/or damage .to the property of Lessee, third parties or Lessor, and all loss and/or 'damage on account of injury to or death of -5- ! any persons % ~ever arising in any way out Lessor's use or occu- pancy of the Pr~mises, the installation, use, maintenance, repair or r~loval of Lessor's equi~nent, or out of acts or cmissions to act of Les ~sor, its ~ployees, agents and invitees, unless such loss and/or damage arises in whole or in part from the negligence or willful misconduct of Lessee, its ~mployees, agents or invitees. 13. Right of First Refusal. Prior to selling the property or any portion thereof, Lessor shall notify Lessee in writing of the sale price Offered by a third party. Lessee shall have the first right of refusal~to purchase the property at substantively cc~oarable values and terms upon giving Lesso~r notice of its exercise of these refusal rights within 30 days of receipt of Lessor's notice. 14. DisDutes. Any controversy or claim arising out of or relating to this Lease, or the breach thereof, other than as stipu- lated in Article 7 (Interference) with regard to public safety radio, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and the Florida State arbitration laws, and the procedures set forth in Exhibit C attached hereto and .. incorporated herein by reference, it is agreed that the substantially prevailing party shall be entitled to recover in addition to costs such s%mm as the court my adjudge reasonable as attorneys' fees,., including fees upon aDpeal of any judgment or ruling. 15. .Notices. All notices, requests, demands and other com- munications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Lessor, to.- City of Boynton Beach P. O. Box 310 Boynton Beach; FL 33425-0310 Attn: City Manager if to Lessee, to: West Palm Beach Cellular Telephone Ccmpany 4152 West Blue Heron Bl~d. Riviera Beach, FL 33404 Attn:. Operations Manager 16. _Warranties. Lessor warrants that it has full right, power, and authority to execute this I~ase and has goOd and unencum- bered title to the property. 5essor further convenants that Lessee -6- shall have th~ _~t enjoyment of the premises ~ng the term of this Lease and that the pr~nises are zoned to permit Lessee,s use. 17. ~Successors~_ and _A~ ~iqns. pr~nises described on Exhibit part, assigned by Lessee with however, that Lessee may assig~ Cc~ies, Inc., without the cz This Lease shall ran with the ,. This Lease may be, in whole or in khe written consent of Lessor provided, this Lease to McCaw Cx~,,,unications lsent of Lessor. This Lease shall be binding upon and inure to the successors and assigns. Assign financing shall not constitut~ IN W~TNESS WHERm0F the sents to be signed by their dub · Witness: STATE OF FLORIDA ) COUNTY OF PAIZ4 BFACH ) I HEREBY CERTIFY that on authorized in the State aforesai~ acknowledg~nents, pers3~nally ap[mm of the City of f ~-t~h Beach, 'Floi acknowledged, executing the same witnesses freely and ~luntarily · porate seal of S~id City' WITNK~S my hand ~n~ n~ last aforesaid this ~.~__~_~ day (NOTARIAL SEAL) kenefit of the parties-, their respective .nent for the purpose of obtaining ~ssigr~nent under the terms of this Lease. ~rties hereto have caused these pre- authorized officers on this /~ 1986. CITY OF BOYNTON BEACH, FLORIDA Approved as to Fora and Legal Sufficiency ttb~ney ~'-~ ~is day, before me an officer duly ~and. in~th, e County aforesaid to take r~.- ~_~'_ .__. -~ ._. _ . _' __---, '~da, and that they severally ~the pr.e,sence of t~ subscribing ruder ,%uthor]t~ dull, vested in th~ i affixe<,~, the¥-eto is '~'e true No,fry Public in a~d for the- County and. State aforesaid. My C~n~ission Expires: Notary Public. State ol FIo~,da My Comrniss]on Expires Jan. 2, 1989 WEST: PAr24 BEACH c~.LULAR TELRPHONE CO. RIVIERA BEACH, FLORIDA Witness: STATE OF FLORIDA COUNTY OF PALM BEACH Wayne Iradley Gens Manager I HER~YCERTIFY that on this day, before mean officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledg~m~ents, personally appeared ~ Wayne Bradley, General M~r. ~ of West Palm Beach Cellular Telephone C~mpany, Riviera Beach, Florida, and that he/they severally acknowledged executing the same in the pre- sence of two' subscribing witnesses freely and voluntarily under authority duly vested in them and that the seal affixed thereto is ~e true corporate seal of said cc~pany. WITNESS myh~nd.~official seal in the County and State last aforesaid this 12th day of November , 1986. Notary]Public i~'and for 'the Count/and State aforesaid. (NOTARIAL SEAL) My Cc~ssion Expires: -S- EXHIBIT A To the Antenna Tower Site 'Lease and Joint Use Agreement dated November 18, 1986,~ between the City of Boynton Beach, Florida, as Lessor and West Palm Beach Cellular Telephone c~pa~y, Riviera Beach, Florida, as Lessee. A parcel of land and portions of the antenna tower facility located thereon ("the Premises") ' which are a part of the following property owned by Lessor ("the Property'.), which Property is legally described as follows: Tract "B" Rolling Green Ridge-Second Addition, a subdivision in Palm Beach County, Florida, according to plat thereof recorded in Plat Book 26, Page 214, Public Records of Palm Beach County, Florida It is .Lessee and Lessors understanding that Lessee at Lessee's cost ~wilI cause a constructing permit to be obtained for the tower facility and Lessee'.s/LeSsor.s associated facilities (Building, Utilities, etc. ). Part of this permitting' process will be to make permittable site.drawings. Before Obtaining aboVe permit, Lessee and Lessor will mutually approve and affix signatures to said drawings designating such approVal. Lessee/Lessor agree that upon approval of both parties and upon approval of the construction perndt these drawings will beccmg, part. of Exhibit A and be attached to this Lease as Exhibits A-1 and A-2. -9- EXHIBIT B To the Antenna Tbwer Site Lease and Joint Use Agreement dated November ,18,. 1986 ___ between the City of Boynton Beach, Florida, as'Lessor, and West Palm Beach Cellular Telephone Ccmpany, Riviera Beach, Florida, as Lessee. Project Coordination. Lessee, in conjunction with Northern~__~ Teleccm, 1201 E. Arapaho Road, Richardson, Texas, 75081 and their associates, shall retain, at no expense to the City, the firm of Ellis Tower Cc~pany, Inc., PO Box 23217, Fort Lauderdale, Florida, 33307, to act as Applicant and overall Coordinator for this project on behalf of both Lessor and Lessee. 2. Project Scope. Ellis Tower Ccmpany, Inc. shall be responsible for all site planning, design, engineering, certification, coordination, permitting, construction, installation and management of the project to its completion in a manner satisfactory to the Lessor/ Lessee and in general accordance With specifications provided by Booz, Allen & Hamilton, Inc., communications consultants to Lessor, and the Ellis Tcwer Proposal Number 2003-A dated September 22, 1986, and made a part hereof. ~ne scope of this prQject shall include but not be limited a. soil borings and tests b. site surveys and plans in accordance with applicable City Codes C. foundation and tower engineering design, and calcu].ations d. tower, fencing, and equi~m~ntbuilding location and grounding e. coordination with FAA for approval to utilize medi~- intensity strobe lighting f. coordinati6n with Florida Power and Light, Southern Bell Telephone and City staff de~rtments g. installati~n of Lessor s tower moL~ti,'~ hardware only h. other site development related by Lessor and. mutually approved by lessee 3. Resolution of Technical Dispute. Subsequent to final site develofm~_nt andtower facility construction, problems of a tech- nical matter shall not be i~iately subject to arbitration but shall -i0- b~ resolved .le satisfaction of both Lessu ~ld Lessee, in conjunc- tion with the following parties acting, as required, on Lessor's and Lessee' s behalf: Booz, -Allen & Hamilton, InC. Ellis Tower Ccmpany, Inc. Motorola C~-.unications & Electronics, Inc. ApPlicable Motorola Service Shop (MSS) Northern Teleccm -11- Sold T~:, NORTItERN TELECOM, INC, .... S~ipTo: City of BOynton Beach 1201 'E. Arapaho Rd' Boynton Beach FL Richardson, TX 75081 ' ITEM QUANTITY ' ... MODEL DESCRIPTION . PRICE fl. .One 320/~/SBC Furnish and install one'Rohn Model SSH~, 320' self- , . supporting tower." Tower designed to EIA Standard RS-222-C'and the S,B.C., 90 psf unifo'rmwind'load. Tower to support: ,. OWNER ... 'ELEV. °=ANTENNA TYPE LiNE'SIZE I CitY 320' DB810- 1/2" ' . N/A L..: City 300' DB810 · 1-1/4" N/A · City ., 280' DB810 1-!/4" N/A City , 230' 8' Grid 7/8" 140' , City . 230' 8' Grid~ 7/8" 260' . *' Cell One 200' 8-DB1001? on 1-5/8" Symmetrically .. " 6' side'arms ~ounted Cell One 180' UI~8 (6'GHz) E~64 '360' .- ~ Cell One 180' URX8 (6 CHI) .-EW64 220' Cell One 150' UHX8 (6 GHz) EW64 '170' ~ ...... , Cell One .- 140' U~X8 (6 GHz) E~64 180' · Quotation includes to~er sections, base foundations , (based upon our observations at the tower site, cost may vary after receipt of soil analysis), So~l '" boring, 3' side arms for the City's DBB10 antennas," · . dish mounts for the'two 8''grid dish antennas at the 230' elevation, ste~ bolts for Climbing, - · - grounding to EIA specifications, paint-and lights in conduit or medium intensity strobe lighting, '" customers option, .. .. .-. Refer to Proposal No.. 2003-A Date .9/22/86 Your Reference 'Date Payment Terms Estimated Shipp,ng "' 1/3 With Order; 1/3 On Delivery; Meeting· '.'- 9/17/86 .. 1/3 On Completion Ship vi~: [~ Prel~id '[~Colleci ': Special Conditions Delete Items 2,4,5,7,8,9,11 & 12 on reve: 'sid, CONFIRMING ~J: SUBJECT TO TERMS AND CONDITIONS ATTACHED [] OR ON REVERSE SIDE Acceptanc~ Net c~sh on receipt of inVoice. A service charge of ! ~% a month will be added Io all ~ccount$ over 30 d~y$ ¢gd, BY DATE . TITLE _~ :1 D[HIBIT D To .the Antenna Tcwer Site' Lease and Joint Use ~reement dated .November 18, 1986, between the City of Boynton Beach, Florida, as Lessor, and West Palm Beach Cellular Telephone ~y, Riviera Beach, Florida, as Lessee. In accordance with Sections Six (Use) and Seven (Interference) of the accompanying Agre~rent, the following frequencies are those utilized, or to be utilized, by the City which under no circtm~tances shall be subjected to any~ type of interference by Lessee, its associates and assigns, and/or any other third-[arty tower user.- 800 ~z Tm3NK~ U~ 2181.60 / 2131.60 (~Z) 856.28750 / 811.28750 857.28750 / 812.28750 858.28750 / 813.28750 859.28750 / 8]4.28750 860.28750 / 815.28750 155.100 154.265 155. 370 * Proposed Frequencies; pending final allocation & licensing. EXHIBIT C TO the Antenna Tower Site Lease and Joint Use Agreement dated between Of BoYnton Beach, Lr Telephone Ccmpany, ~ as Lessee, LFASE ARBITRATION Within ten (10) days of receipt of written notice of ccmplaint, each party shall designate an individual as arbitrator. Within an additional ten (10) days, the two individuals shall appoint a third individual.' Within an additional twenty (20) days, the three individ,~,s shall hear the dispute and shall, within twenty (20) -days after hearing, render their decision in writing to both parties. -12- J.610, and such other frequencies , the City and the 'Company may approve. The Installation thereof will be subject to inspection and approval by the City and the Company. Any interference to or from the ~heriff's radi6 equipment will be the respon- sibility of the Sheriff. 5. Access and Maintenance: The Sheriff shall be per- mitted twenty four hour a day access to the ~ity Radio Equipment Building a~d Tower for maintenance purposes. The City's Communication 6enter and the Company shall be notified prior to entry. The Sheriff aha11 be responsible for any and all expenses incurged for the installation main- tenance, and use of the Sherif~'s equipment located in the City Radio Equipment Building and Tower. The equipment described abov~ shall be maintained at all times in a proper and safe condition by the 6. Interference~ The Sheriff shall not use nor allow the use of'the premises in any way which interferes with the operations of the other pact{es hereto. Further the right and obli~atio~ o~ City to operate a public safety radio system i-s absolute and shall not be'violated nor subjected to arbitration. Any euch-violation by Sheriff shall be deemed a material brea~h of this A~reement. City or Company shall have the immediate right to unilaterally terminate any use by Sheriff which interterea with the business of City or Company. City, Company and Sheriff agree, however, to laze all resources at their disposal to mutually minimize and/or eliminate frequency and/or lnter~odula~ion inter- ference ~ow and in the future. Any other change in u~e (fo~ example, as to frequency, antenna location or change in antenna size or type) by any party shall be on a mutual con- sent basis, subject to technical and engineering studies approved by City a~d Company, thc'Cost for which shall be use unless the city toe, unica%for frequencies are affected by govert~ment'licensing ~odJe~, and in such case Company t;ill adjumt to such governmental determinations that direct CiZy irequoncics. 7~ Hold Harmless: Sherif:f ,~.~by assumes, releases and agrees to indemnify, defend, protect and save City and tO the proptrt~ si City or Company, and a1~ loss and/or damag~ on accoun~ of injury to or death si any persons ~homsoever arising ~n an~ ~ay out si Sherit~'s use or occu- pancy si the premises, the installation, use ~aintenance, gepaic or removal of Sheriff's equipment, or out si sots or om~ssions ~o ac~ st City.or Company, or ~heir agents o~ invitees, un,ess such loss and/or damage arises in t~hole o~ in parc from the negligence or will,u! misco~duct Of City or Company, or their employees, agents or invi~ees. Nothing contained herein, shall be deemed to hays waived any imm~ni~ies granted pursuant to Section 768.28 of the ~lo~lda Statutes (1987) and any amendnents thereto, durin9 the term of this agreement. 8. Notice: Any no, ice o~ demand to be given or served upon an~ party hereto in connection with this agreement poses upon depoe%t in the U. S. Postal Service (registered or ce~i£ied ~a£1) as follows~ SheriTf~ R/chard P. ~lle Sherif~ o~ Palm Beach Count~ 3228 ~un Club Road ~est Palm Beach, F~orida 33416 City of Boynton Beach P. O, Box 310 goynton Beach. F~ 33425-0310 COmpany, Palm 8each County Cellular Telephone Company 1 Clear,eke Centre 250 Australian Avenue South, 9th F~oor Hess Palm Beach, FL 33401 9. E~fective Dater This agreement shall tak~ effect upon ~he execution by a~! parties hereto. Page 3 of 4 (&greemeut consists ot this and 3 Precedin9 pages) City of Boynton 'Bea~, Florida ATTEST-. O Richard P. Wille, Sheriff of Palm Beach County State of Flo=i~a Appzoved as to Form (Corporation seal) Palm Beach Cellula= Telephone Company. a Flo=ida Gene=al Partnership Page 4 of 4 CO., IdC: L March Mr. Jean Hahn Palm Beach County Sherlff Office lladio Digital Division ~i0! Tuxedo Ave, West Palm Beach, FL 33405 £ubjecr: (:icy of BoynCon Beach 320' 5elf-$upporl:ing ToVer t..'e h,we rtwtewed yo,r req,est to install a Dl~-264 antenna with 7/3" line at the 260~ e~evation on the above sub~ect to-er. The origlnal design of thc LOWer allewed ~5 sq. f:, of antenna area ar. fha 230~ elevatJ, on. In view of thc fact the C1ty of }~oynton has not plnced a]l :!au ar-tcnnas on the tower as originally pl-~nned, It Is my opinton~ ~he Jv.$t,':l]ar'-'on of this additional ant~nnu and line wil! nut degrade the 1nreg£tcy of the lev'et. Very truly yours. FLLIVOWER CO., INC, H. E. "Bud" Blaksley ~ Gencral Nanager 1tEE: hn P.O lb,x '-' I:t lz,mL,rd;:lc. 1'*1. Witnensea; City//of Boy~)~n, neach ~r.~ ~Approve~ as to Form and Legal Palm Beach Cellular Telephone Company, a ~lorida General Partnor~nip ·his agreement, entered into this _ .~.~_. day of i989, by a~d between; Richard P. Wills, She~if~ al Palm Beach County~ state of Florida, hereinafter referred to es "SheriZf", and the City of Boynton Beach, Florida, a munici-[ pal corporation, hereinafter referred to as "City", and Palm Beach Cellular Te%ephone Company, a Florida General Partnership, hereinafter re~erred to as "COmpany'', to enter into a certain joint use agreement pertaining to a certain Tower Site Lease, and in consideration ~or the mutual promi- ses and for good and valuable consideration. The par~ies hereby agree ae ~ollowe; 1. Scope of Agreement: The pa~ties hereto acknowledge th~ ~xistence of Tower $~te Lease and Joing Uae Agreemenn, dat,d November 18, 1986, and an amendment to said agreement dated June 21, 1~88, 'entered into by and between the "city" and the "Company" and the parties hereto now mutually wish =o further amend said agreement to allo%-~ the Sheriff to install an a~tenna on the' existing structure as described i~ ~aid agreement, aa amended. 2. Term, Renewal,and Cancellation= The term of this agreement, shall be one (1) year and shall be ~ubject =o the ~e~ms and eonditione'o~ the a~Ove described lea~c and amendments thereto, copies of the lease and the amendments are at~eched hereto, as Exhibit "A" Exhibit "B" and Exhibi~ "C". Th~s agreement shall automatically renew annually, unless cancelled by thir=y (30) days written motice of any party, so long as the lease is in effect. 3. Antenna Installation~ ~e Sheriff shall be per- mitted.to instaI1 a DB-264 antenna, 7/8" hardline and related components thereto, on the existing tower aL the 235 ~oot level. Tnstallation shall be in accordance with the ~lli~ Tower Documentation Appended hereto. 4. Radi¢~ Equipment: The Sheriff shall be permitted to' in~;~]l ;: ~((J.O re~.[ver cabine~ inside the exis~ia~ Radio Equipment ;~uil~isg. Th-'$heriff's re~eivers ~;ill o~)era%e o~, thn fOllO~ing freguel%Cie~ 155.715, 155.520, Page? 2 of .i 0 EXHIBIT "D" To the Antenna Tover SAte Lease and Jo~t Use Agreument dated ltovemher 18~ 1986, betew~n the City of Boynton Beach, Florida, as Lussor, and Palm Beach County Cellular Telephone company, West Palm Beach, Florida, as Lessee. In accordance with Sections Six (use) and Seven tlnt~rference) of the accompanying Apreement, tha following fr=quenc~es are thos~ ut~l~ze~ by the Cl~y which under no circumstances shall be subJecte~ ~o any type o~ interference by Lessee, its associat=s an~ assigns, and/or &n~ other 800 MHa TRUNKED UHF 856.28750./ 811.28750 857.28~50 ! 812.28750 8S8.28750 ! 813.28750 859.28750 ! 814.287~0 860.28750 / 815.28750 ~ GHZ MIcRO~AvE VHF HZGH-BAND 2~81.60 ! 213[.60 (MHZ) 155.100 154.265 155.370 AMEHDf~EHT HUMBER 2 TO TOilER SITE LEASE AND JOIHT USE hURRY, lENT (J~ne 20, 1989) 0 Amendment Number 2 to Tower Site Lease and 3Bin, Use Agreement, dated NOvember 18, 1986, ~nd amendment to the agreement, dated June 21, 1988 between the City of Boys,on Beach, ~lorlda (Lessor)and Palm Beach County Cellular ~elephone Company, West Palm Beach, Florida flosses). OF BOYHTOH BRACH, (hereinafter referred to as FLORIDA, re,erred to as Les: enter into Joint Lnd the 21:st day of B, and ~REAS, the parties now mutually wish to £urtbe~ amend said Agreement; HOW. THEREFORE, for.~OOd and valuable consideration the par- ties ag=es as foll0ws~ 1. $au~£on 4~of the ~irs~ amendment to the original agreement is further amended to provide the followingz Lessor and lessee do hereby acknowledge ~hnt the ~ollowin9 re~lects the presently existing antenna arrays on ~he tower facility~ SW-90 180 deg. Line Size Az__~imuth ?/8' H/A Page 1 o~ 2 A. CITY Elevation- " Antena~ TYPe Line S~e A_A~uth ~O''(~ 109) ~S810. or equivalent --1 1/4' 300' (S. leg) DBeI0 o~ equivalen~ I 1/4=' 280' (S~.leg) DB810 or equivalent ! 1/e= ~/A 230' (S. leg) 4' grid.dish (2Ghz) 7/e- 150 ~eg. 20' (NE leg) VHF yagi B. C__gLLOLAR OHE - ---~_~__.~.~ Elevation Ant. Type Line Size Azimuth ~-Sb-~T~.--~ace) -DB56¢ - -T-~Te~-' 360 neg. 200, (~. face) 4 DSS64 1 5/8= 120 deg. 200t ~N. face) 4 DES64 ! 5/8' 240 deg. (Above are replacements ~or 3 DB1001? on 6' side arms at the 200* Level ~, HE, NN legs] and I dblOOl? on a 6* side arm [NE leg] at the 170' level, ail with L S/ON line). ~leva=lon 9uantity An~e Line Size Azimuth leo' (NH leg) ~ U~-~10 dis~ 7/~-; 304 deg. (2Ghz) 160' (NN leg) i DB100L7 on a I 5/8" H/k 6' Side arm 1¢0' (S. leg) i UEX8 dish Cll Ghz) Ele___v__atio~ 23S' ¢~E leg) (receive'only) 2. Execution of this amendment .constitutes mutual approval by both leGsor and lessee to enteF into a third-party ~se ~ree~ent w~tb the ~alm Beach 'Count~ Sherlff~s for receive~ antenna installation as indicated in paragraph 1. C. ebove. 3,Any provision of ~he original TOWer Site Lease and ~o~nt Use Agreement not specifically amended previously or herein shall ~ema~a in full fo~m and ef[ect as o~£9inally provided. ~-~ In ,1,ness ehereo~, the parties here ~o have caused these presents to be signed b~ ~eir duly authorized officers on this ~___ day o£ ~_~//.~_~_Td-_ ...... , 1~09. O 8. ~nsu,ra~c~. Lessor and Lessee shall at ~iI times dur£ng fha tc~m of this' agreement at each of its expense maintain a policy or policies of premises liability insurance (commonly. 'known as Owners, Landlords, and Tenant's Liability) in an amount totalling not less than two' 42) million dollars ($2,000,000.00) insuring the premises, and covering, acts and omissions of parties. Said ~olic¥ or policies shall ~e issued either Jointly or on behal£ of both parties, or separately in the am~.unt cf one (1) million dollars ($1o000,00D.0~) each by an insurance company maintaining a~ leaa~ a Beet's A-VIII rating, or 'by ~he city's aelf-insur&nce program, and shall provide for notification of the additional lnsuret thirty (30) days prior to cancellation or non-renewal of tha polic~. A copy of the insurance policy or certificate shall bm provide~ to each ocher by bo~h par~ies within sixty {601 days of' initial Issuance and the respective policy annual renewal dates. 3. Section 15. N0tiue~ o£ the original ~r Sito l~&se and Joint Use igreemen~ is hereby amended to provide as follOWs: 15. Notices. All notices, requests, demands and other communications hereunder shall be in w~iting and shall be deemed given if personally delivered or mailed, certified mall, return 2 ~ uu4 addresses: the following If to Lessee, to: City Of Boynton Beach P.O. Box IlO Boynton Beach, FL ]]425-0310 Attn: City ManaGer Palm Beach County Cellular Telephone Company One clearlake Centre 250 Australian Avenue, South ~inth~Floor West Palm Beach, FL 31401 4. Lessor and Lessee.do hereby acknowledge that the following reflects the presently existing antenna arrays on the tower facili~¥~ A. City: Elevation AnteHna TFDe Li~e Size Azimuth 32~' ~$.leg.} D~810 or equivalent 1 1/4" ~/A 300' (S.leg) ~ DB81O or equivalent -1 1/4" 280' (S.leg) DB810 or equ£valent 1 1/4" N/A 230' {S.leg) 4~ grid dish (2Ghz) 7/8" 150 der, 20' {NE leg) Y~F Ya~i 1 1/4" 150 de~. B- Cellular One: ~levation Ante~aTYpe Line Size Azimuth 200' (3)-DB10017 on a 1 5/8" (s,Ng,~a legs) 6' side arm -180' (~W leg) U~X10 dish {2Ghz) ?/8" ~04 deg. 170' (NE leg) DB10017 on a 1 5/8" 6' side arm 160' (NW l~g) DBlO017 on & I 5/8" 6' sf~e arm 140' (S.leg) UHX8 dish (Il Shz) EW-gG 180 deg. Notwithstandi~g the present discrepancy b~tween "as buil~" antenna* arrays and those proposed l~ Exhibit "B", speoi~ically pursuant to ~lia T~wer Proposal H~er 2003-A da~ed ~ept~er 22, 1986, the parties hereby ~xhibic "B" ~o the original agre~ent, to the extent exls%ln~ chaBges In ante~a size, type and place~nt ~ that Exhibit "~" and as reflected i~ ~his ~n~ent do not exce~ the wind-loadin~ design ltmita~io~s and i~erference prohibitions orfginall~ proposed and mutually agreed u~n both parties. fXHIBIT D To the Antenna Tower Site Lease and Joint Use Agreement dated November 18; 1986~ between the City of Boynton Beach, Florida, as Lessor, and West Palm Beach Cellular Telephone Company, Riviera Beach, Florida, as Lessee. F~Uf~CIES In accordance with Sections Six (Use) and Seven (Interference) of the accc~ying Agreement, the following frequencies are those utilized, or to be utilized, by the City which under no circumstances shall be subjected to any type of interference by Lessee, its associates and assigns, and/or any other third-party tower user: 800 ~tZ TRUNK~D UHF 856,28750 / 811.28750 857.28750 / 812.28750 858.28750 / 813.28750 859.28750 / 814.28750 860.28750 / 815.28750 2181.60 / 2131.60 155.100 154.265 155.370 * Proposed Frequencies; pending final allocation & licensing. -13- O ANEND~EHT TO T~ER SITE LEASE AND JOINT USE AGREEMENT DATED ~OVFAIBER 18. 1986 BETi/EEN THE CITY OF BO¥~TON BEACH, FImRIDA ILESSOR}~AND PALM BEACH CQUNTY CELLULAR 'TELEPHONE COmPAnY, WEST PALM BEACH, FLORIDA [LESSEEJ WHEREAS, the CITY OF BOYNTON BEACH, (hereinafter referred to as Lessor) and PALM BEACH COUNTY CELLULAR TELEPHONE' COM~ANY~ WE~T PALM BEACH, FLORIDA, Ihereinafter referred to as Lessee) did enter into a certain T~er Site Lease and Joint ~se A~reement dated the 18th day of November, 198~, and the parties mutually wish to amend said Agreement; NOW, THEreFORe, ~or goo~. and valuable consi~egation the patties agree as ~ollows: 1. Section 1. Premises. of the o£iginal Tower Site Lease and Jol~lt Use Agree~en~ is hereby amended to read as ! ' follows !, I' 1. Prem~e~. Lessor hereby leases to Lessee a parcel o~ land and portions of the antenna tower facility locat~d thereon ("the Premises") owned byLessor and located within a fenced tower area at 515 N.W. 15th Avenue, Boyntou ~each, Florida 33435, and described on Exhibit "A" attached hereto (the s~b~ect to the terms and ¢ond£t~onS of this Lease and tb~ additional terms end conditions set £o~th in Exhibit "B" attached hereto and incorporated herein by reference. Section 8. Insurance. of the or£~lnal Tower Site ~. Lease and Joint Use Agreement is hereby amended to read as gollows: i' I' ! O !, S. Exhibit D. attached to the erie*hal Tower Site [! Lease and Joint Use [greement is hereby superseded by a new ~'; Exhibit "D" which is attached hereto and incorporated herein ii by reference. 6. Any prov£siol~ O[ the original Tower Site Lease and {' Joint Use Agreemeng not specifically amended herein shall ,. remain in full force and effect as originally provided ! - .' IH WITNESS WtlEREOF, the parties hereto have caused !i these p~esents to be signed {~ kheir duly authorized O[ficers oa this ~day of 0~.~.~ , 1e88. Ci ty~f~ ' 'Mayor Approved as to Form and Legal Sufficie~ City ~ttorney ' STATE OF FLORIDA ) ! sst COUNTY OF ~AL~ BEACH ) ! HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County af0r~sai~ to take aqknowledgements, personally appeared . AS~';~e,~=W~ ~_, ~ayor and J' ~'~--~'~.~/ , City Clerk respectively of the Ci~ oZ Bo~o~ Beach, Florida, and that =he~ severally' ~- ackn~led~ed executin~ the s~ iR the presence ~ubscribing witnesses freel~ and voluntaril~ u~er ~ duly vested In them by said City and that the CiCy seal aZZixed ~hereto is ~he true corporate seal of said " WI~ESS mF head and official seal i~ the County and State last aforesaid this ~ day of ~. , 1988. ao~9~y P~lic in and-[orth~ County a~ State aforesaid. Witnesses: PALM BEACH COUNTY CELLULAR TELEPHONE CO., WEST PAl/4 BEACH, FLORIDA STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me an officer duly aUthoNized Un the State aforesaid and i~ the County a~oresaid t° take acknoWledgements, personally appeared and tha~ hershey se%erally acknowledqed executing the ;~e in the presence of two subscribin~ witnossea freely and volu~tarilyunder authority duly vested in them a~ that the seal afftxe~ theret6 is the true corporate seal of sai~ company. WIT~ESS ~y hand and official seal in the County and State last aforesaid this ~ day of ?//_~z~ , 1988. 'Co~t~and Stat~ afo=e~aid. ~ uo? i I i EM QUANTITY MODEL LIS TOL ER co., INC.. PROPOSAL NO. 2003-A DATE 9___.~_~86 DESCRIPTION PRICE Two 19 hole waveguide ladders are included, one for the City of Boynton Beach and one for Cellulr One. These waveguide ladders will allow the City and Cell one to have their transmission lines separate from each.other. Since the exact quantity of cellular antennas and dishes for Cell One are not kno~rn at this time, mounts for these antennas are priced separately. PRICE BREAKDOWN: Materials (per above) '- $129,210.00 Foundations ~(Piles 66" ~ x 49' + 1' re,'eal) ....... 54,6.62.00 Freight to site ......... Soil boring .......................... Tower erection and installation ....... Total ........................ Florida Sales Tax ...... TOTAL TOWER COST .......... '- 3,740.00 '- 900.00 - !8,000.00 ....... $216,512.00 '-~--- 10,825.60 Dish antenna mounts with tie-backs ....... Cell antenna mounts ....... . ....... Labor to install cell antenna and line 760.0D/each Labor to install trflXdish antenna and line ....... 1100.00/each $227,337.60 $475.00/each 275.00/each EXHIBIT C To the Antenna .Tower Site Lease ar~ Joint Use Agreement dated November 18r 1986, be~ the CJI Florida, Riviera Beach, Flori~ see. Within ten (10) days of receipt of written notice of ocmplaint, each party shall designate an indivi~] as arbitrator. Within an additional ten~ [10) days, the two indivic~]s shall appoint a third individual~. Within an additional twenty (20) days, the three indivio%~ls shall hear the dispute and shall, within tw~_nty (20) days after hearing, render the/r-decision in ~writ/ng to both parties. -12-