R97-183RESOLUTION NO. R97-/,~.~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION
TAKEN BY THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ON
OCTOBER t6, 1997, AS SET FORTH IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE SAID
RATIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
(SCRWTDB) requests ratification of the action taken by the Board on October 16, 1997, as
set forth in the attached Exhibit "A";
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 ratify the action taken by the South Central Regional Wastewater Treatment &
Disposal Board on October 16, 1997, as set forth in the attached Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this /-~ day of November, 1997.
A'FI'EST:
Citgo Clerk
~' O'~--u4~ '~
tllllllll t l[~.[~'\\\\\
Vi,ce/Mayor,
Commissioner
EXHIBIT "A"
Authorization to Expend $2,000 From Sinking Fund on an Emergency Basis
to Repair #5 Effluent Pump;
Authorization to Enter Into a Lease Agreement with Omnipoint
Communication Services to Construct a Monopole on the North East Corner
of South Central's Property;
Authorization to 'Increase J. J. Kirlin's Contract for the Northwest Reuse
Project from $4,539,795 to $4,595,743.00 to cover $55,989 of Change
Orders;
Authorization to Increase RIC Man's Contract for the Northwest Reuse
Project from $2,477,738.09 to $2,535,701.75 to cover $57,963.66 of Change
Orders.
£f7
authorization to Expend $2,000 From Sinking Fund on an F:mergenc¥ Basis
to Repair #5 Eflluent Pump;
Authorization to Enter Into a Lease Agreement with Omnipoint
Communication Services to Construct a MonoPole on the North East Corner
of South Central's Property;
Authorization to 'Increase J. J. Kirlin's Contract for the Northwest Reuse
Project from $4,539,795 to $4,595,743.00. to cover $55,989 of Change
Orders;
Authorization to Increase RIC Man's Contract for the Northwest Reuse
Project from $2,477,738.09 to $2,535,701.75 to cover $57,963.66 of Change
Orders.
IV. CONSENT AGENDA
C. 2
RESOLUTION NO. R97-
A RESOLUTION OF THE CITY COMMISSION OF THE
OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION
TAKEN BY THE SOUTH CENTRAL REGIONAL
, WASTEWATER TREATMENT' AND. DISPOSAL BOARD ON
OCTOBER 16, 1997, AS SET FORTH IN EXHIBIT "A"
AUTHORIZING AND DIRECTING
'E SAID
in the
& Disposal Board
16, 1997, as
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, Flodda, does
hereby ratify the action taken by the South Central Regional Wastewater Treatment &
Disposal Board on October 16, 1997, as set forth in the attached Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this
day of November, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
S:ca~Reso~SCRW'r-10/16/97
· ROBERT J. HAGEL
Executive Director
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · De]ray Beach. Florida 33445
Telephone
(407) 272-7061 (407) 734-2577
Fax: (407) 265-2357
MEMORANDUM
TO:
FROM:
DATE:
RE:
City Clerk, Boynton Beach ~ -~ ~t~ ~'~
Mary Ann Shumilla /~.~,cc.; ~.
October 17, 1997
RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of October 16, 1997
which require signatures. Would you please place these on the Agenda for your next
Commission meeting.
Would you please contact.me at 272-7061 when the Ratifications are executed.
Thank you.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION, OF OCTOBER 16, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 16, 1997, by a VOte of 7-0, apProve AUTHORIZATION TO EXPEND
~20. 000 FROM SINKING FUND ON AN EMERGENCY BASIS TO REPAIR #5 EFFLUENT
PUMP.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 16, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October 16, 1997, by a vote of 7-0, approve AUTHORIZATION TO ENTER INTO
A A LEASE AGREEMENT WITH OMNIPOINT COMMUNICATION SERVICES TO
CONSTRUCT A MONOPOLE ON THE NORTH EAST CORNER OF SOUTH CENTRAL 'S
PROPERTY.
Bids received on September 9, 1997. Initial Lease Agreement $30,000 per year -
increaseS 3% in years2-5. Board receives 50% of collocation rent.
WHEREAS,
the City Beach.
requires ratification by the City of Boynton Beach and
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CiTY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
COMSM. L-NICATIONS SITE LEASE
This
entered into this day of
omnipoint Communica~ ~MB
address is 600 Ansin Boulevard, Hailtandale
Central Regional Waste~
address of 1801 N. Congress Ave.,
("Lessor")-
Commhunications Site Lease Agreenment ("Agreement") is
, 1997, between
Inc.~, ("Lessee") whose
and the South
.sposa. Lrd, with an
Beach, Florida 33445
,alua~ble
consideration the receipt~ and
, 'acknowledged, the parties ~hereto
1. Premises. Lessor is the owner of a parcel Cf'land
located in the City of Delray Beach, County of Palm
F~ 18
Exhibit A an exed hereto. Les~sor her
Lessee leases from Lessor, approximately
square feet. of the
any (the "Premises") as descI
2. Use. The Premises may be used
connection with the provision of
("Permitted Use"). Lessor agrees to cOoperate w2
Lessee's expense, in making application-for and
licenses, permits and any and al
may be required for Lessee's Permi
Y
in
Lessee and
id (10,000)
if
o.
in
at
all
Is that
3. Tests and Construction~ Lessee shall have the right at any
time following the full execution of this Agreement to enter upon
the Property for the purpose of making appropriate engineering and
boundary surveys, inspections, s°il test borings, other reasonably
necessary tests and constructingthe Lessee Facilities (as defined
in Paragraph 6(a) below).
4. Term. The term of this Agreement shall be five (5) years
commencing ninety (90) days after complete execution of this
Agreement or upon the commencement of the installation of Lessee
Facilities (hereinafter defined), whichever first occurs
(,,Commencement Date") and terminating on the fifth anniversary of
the Commencement Date (the "Term"), unless otherwise terminated as
provided in Paragraph 10. Provided Lessee is not then in default
under the terms of this Agreement, Lessee shall have the right to
extend the Term for four (4) successive periods of five (5) years
each (each a "Renewal Term") on the same terms and conditions as
set forth herein. This Agreement shall automatically be extended
for each successive Renewal Term unless Lessee notifies Lessor of
its intention not to renew prior to commencementof the succeeding
Renewal Term.
5. Rent. On the Commencement DaSe and on the first day of each
month thereafter, Lessee shall pay to Lessor as rent TWO THOUSAND
FIVE HUNDRED ~LND NO/100 DOLLARS ($2,500.00) per mcnth ("Rent") plus
applicable Florida s~ate sales tax. On each anniversary of the
commencement Date during the Term and Renewal Terms, the Rent,
exclusive of sales tax, shall be increased to an amount equal to
one hundred three percent (103%) of the annual Rent for the last
twelve-month period immediately prior to the adjustment (exclusive
of taxes). Further, Lessee shall pay rent and fee payable ~o
Lessor at the South Central Regional Wastewa~er Treatment and
Disposal Board, 1801 N. COngress Ave., Delray Beach, FL 33445;
Attention: Executive Director. Notwithstanding the foregoing,
Lessee may, ~a~ any time during the: Term or any Renewal Term, elect
to ~ a~nually, in which event Rent shall be payable on the
, of the month following the date Lessee makes such
ele~ct prorated for the period from the first day of said
ca2 ~nth until the day prior to the Commencemen~ Date, and
on each anniversary of the Commencement Da~e.
6. .Access.
the
el~
In
busi~
the
co!
Fac~
its
the
gr~
oper~
Le:
from
Land
rea:
~Lessee has'the right to erect, maintain and operate on
radio communications facilities, including without
an antenna tower or pole and foundation, utility lines,
:ion lines, ~ir conditioned equipment shelter(s),
'.pment, radio transmitting and receiving antennas and
structureS thereto ("Lessee Facilities").
therewith, Lessee has the right to do all work
ze, maintain alter the Premises for Lessee's
and to transmission lines connecting
nas to ~mitters and receivers. All of Lessee's
~ion and lmtlon work shall be performed at Lessee's
expense and in a good and workmanlike manner. Title
~e Facilities shall be held by Lessee. All of Lessee
Lessee's personal property and are not
right to remove all Lessee Facilities at
a commercially reasonable time, not to
~expiration or earlier termination of
Lessee repairs any damage to the Premises
Upon termination, Lessee shall not ~e
remove foundation more than one (1) foot below
Lessee shall ,pay for the electricity it consumes in its
the rate charged by the servicing utility company.
[1 have the right to draw electricity and other utilities
existing ilities on the Land or obtain separate utility
rom .iJ.ty company that will provide service to the
a sta: power g~nerator for Lessee's exclusive
~ssor Such documents or easements as may be
require( said, utility companies to provide such
service to the Premises, including the grant to Lessee or to the
servicing utility company at no cost to the Lessee, of an easement
in, over, across or through' the Land as required by'such servicing
utility company To provide utility services as provided herein;
provided such easements do confIict with Lessors
domin~ sary for
acceptable to
!er.
risk
its
(d)
nearest publi? roadway
allow pedestrian and vehicu]
and'
damage Lesse,
7. Removal Bo~d.
ring
Lessor
Lessor.
sha .1 be
8. ID~grference-
that
lice
pr~
shalli
( "FCC"
Lessee shall operate
cause Interf
Property,
In
operation of the Lessee
preexiS~in~ or
of
Agreement
(b)
permit itself,
the
to the
Lessee s operations.
3
of,this
ran
Agreement at
ireasonable ap]
LesseeFacilities
LessOr and other
that their
.operat.
any
)r
not
breach by Lessor. In the event interference occurs, Lessor shall,
upon being advised of such interference by the Lessee, notify the
third party of such interference and it shall be the responsibility
of Lessor to cause such third party to eliminate same within ten
(10) days of notice, and failing to do so, Lessor shall terminate
its agreement with such third party and shall require the i~ediate
removal of the third party's equipment, from the Tower. In the
event Lessor fails to comply with this paragraph~ Lessee may
terminate this agreement, and/or pursue any other remedies
available under this Agreement, at law, and/or at equity.
9. property taxes or sales taxes are assessed,
Less on of such taxes directly attributable to
the!Les Lessee Shall be responsible for paying any
and all ad valor taxes assessed against the Property directly
Lessee's installation and/or ope Fee
· ty. In the event Less~ separately
bi for personal property or ad valorem
9, Less shall pay such es to Lessor
Lessee receipt tax
bill Lessor of same.
10. Waiver of LessorSs Lien.
any lien rights it may have concerning the
are deemed Lessee's personal property and
not fixtures, and Lessee has the right to remove the same at any
time without Lessor's consent.
Lessor acknowledges that Lessee has entered into a
final arra~ including promissory notes and financial and
security the financing of the Lessee Facilities (the
"Collateral") .th a third party financing entity (and may in the
future enter :o additional financing arrangements with other
entities). In connection therewith, Lessor (i) consents
to ion of the Collateral; (ii)disclaims any interests
in as fixtures or otherwise; and (iii) agrees that
be exempt fromexecution, foreclosure, sale,
. or distress for any Rent due or to become due and
be removed at any time without recourse to
legal
This Agreement may be terminated without further
(30) days prior written notice as follows: (i)
a default of any covenant or term hereof by
default is not cured within sixty (60) days
notice of default, provided that the grace
default is ten (10) days from receipt of
Lessee for any reason or for no reason, provided
notice of early termination to Lessor not
(30) days prior to the Commencement Date; or
4
(iii) by Lessee if i~ does not obtain or maintain any license,
permit or other approval necessary for the construction and
operation of LeSsee Facilities; or (iv) by Lessee if e is
unable to occupy and u~ilize the Premises due to an acti ~he
FCC, including without limitation, a take ba
change in frequencies; if
12.
Fa
the Premises or Lessee
event
of
the Prem
13 ce. Lessee, at Lessee's sole cost and expense, shall
aintain on the Premises and on the Lessee Facilit~ies,
bodil and propertydamage insLlrance with a
limit least One Million and~00/] Dollars
per occurrence. Such insurance shall ~n~ an
basis st all liability of Lessee, its employ
aris or in connection with
all as ~or herein.
po2
cert ,f ins
thirty (3~
14
ss.ee
or
in
for borrowed money or in respect of guaranties thereof, (ii) has
obligations evidenced by bonds, debentures, notes or similar
instruments, or (iii) has obligations under or with respect to
letters of credit, bankers acceptances and similar facilities or in
respect of guaranties thereof.
15. warranty of Title and Quiet Enjoyment= Lessor warrants that:
' ' and has rights of
Lessor owns
~ess thereto andtbs Property in fee simple
the Property is free and clear of all liens,
' ' s (ii) Lessor has full right to make
encumbrances and restriction ;
and perform this Agreement; and (.iii) Lessor covenants and agrees
with Lessee that upon Lessee paying the Rent and observing and
performing all the terms, covenants and conditions on Lessee'S part
to be observed and performed, Lessee may peacefully and quietly
enjoy:the Premises.
16. Lessee shall be solely responsible to maintain the
Pr well as the Tower constructed thereon and all leasehold
improvementls installed 'Lessee. Except as set forth in Paragraph
6(a), wi reasonable time not to exceed 90 days
~e of thisAgreement or expiration thereof,
the Premises to the condition in which it
existed upon the execution hereof, reasonable wear and tear and
loss by casualty or other causes beyond Lessee's control excepted.
Lessee agrees that it will not use,
17. under,
generate of any Hazardous Material on,
about:or the Premises in violation of any law or regulation.
Lessor represents, warrants and agrees (i) that neither Lessor nor,
to Lessor's knowledge, any third party has used, generated, stored
or disposed of, or permitted the use, generation, storage or
disposal HazardOus Material (defined below) on, under,
about or Premises in violation of any law or regulation,
and (ii) Lessor will not, and will not permit any third party
to us~, store or dispose of any Hazardous Material On,
in 'violation of any law or
under, indemnify and hold harmless'
regulation.
Lessor and Lessor's partners, affiliates, agents and employees
against any and ~11 losses, liabilities, claims and/or costs
(inclUding reasonable attorney's fees and costs) arising from a~y
breach of any representation, warranty or agreement contained in
this para As used in this paragraph, ,Hazardous Material"
shalI' petroleum or any petroleum product, asbestos, any
sUbs~a] known by the :state in which the Premises is located to
cause ~oductive toxicity, or any substance,
chemical or waste is identified as toxic or
any applicable federal, state or local law or
This paragraph shall survive the termination of this
Agreement.
18. Liability and IndD. mnit¥. Lessee shall indemnify and hold
Lessor harmless from
and expenses of
negligence or willful misconduct of Lessee or Lessee's agents or
employees in or about the Property.
19. Miscellaneous.
.re
under
negot
conta
writing~
in
(b) If
unenforceable
Agreement or
than those as
not be a
and enfo
any provision of this Aqreement or
to :the is
valid
bene~
parties.
and the
ire
made
reli~
set
(d)
, notice or .ired be
~ied or or
overnight courier to the address ofithe respective parties
.low:
Lessor
Exe~ Director
SCRWT&
1801 N- Congress Ave.
Delra:y Beach, FL 33445
Lessee:
Site~Acquisitions
Omnipoint Communications MB
Operations, Inc.
600 Ansi
, FL 33309
With a copy'to:
Ro! piel, Esq.
501 Ave.
Delray Beach, FL 33483
for
from time to time designate.any other address
notice to the other party. Ail notices
deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State
of Florida.
(f) Lessor acknowledges that a Memorandum of Agreement in the
form annexed hereto as Exhibit C will be recorded by Lessee in the
official records of the County where the Land is located. In the
event the Land is encumbered by a mortgage or deed of trust, Lessor
agrees to obtain and furnish to Lessee a non-disturbance and
attornment instrument for each such mortgage or deed of trust.
(g) Lessee may obtain title insurance on its interest in the
Premises. Lessor shall cooperate by executing documentation
required by the title insurance company.
(h) tn any case where the approval or consent of one party
hereto is required, requested or otherwise to be given under this
Agreement, such party shall not unreasonably delay or withhold its
approval or consent.
{i) Ail Riders and Exhibits annexed hereto form material
parts of this Agreement.
each of
may beexecuted in duplicate counterparts,
be deemed an original.
20.
that
and light
("FAA") and
indemnify and
liabilities
requirements
be,
CuJ~e
by
and Liqhtin~ Requirements.
ld
: Lessor's
Lessee acknowledges
onsible for' compliance .with all Tower marking
of the Federal Aviation Administration
To the extent permitted by law, Lessee shall
Lessor harmless from any fines or other
by Lessor's failure to comply with such
Id Lessee be cited by either the FCC or FAA
not in compliance and, should Lessee fail to
of noncompliance within the time frame allowed
Lessor may either terminate this Agreement
to Lessee )~ :eed to cure the conditions
whichamounts may be deducted
21.
Lessee's
ex~),
re
any
It is understood that it shall be
to obtain, at Lessee's sole cost and
permits, consents and approvals from local,
goverr~ental authorlities as required by Lessee to
the Lessee Facilities (collectively, the
'). Lessor agrees to cooperate with Lessee
::Lessee and to execute such documents reasonably
Governmental Approvals. The making of this
constitute -an abrogation of the Lessor's
~evelopment regulatory power, and the Lessee's
lngent upon all such development approvals being
of Delray Beach or another governmental
with jurisdiction not approve any required
development approval prerequisite to the
operation of the Lessee Facilities, this Agreement
8
shall become automatically null and void as if same never existed
and so as to not be the basis in any respect for a d~mage claim as
a result of such denied development or~
Lessor's property (including. s
located ~thereon, are in subs
life/safety, disabl
applicable governmental es. Lessee
applicable laws relating to its possession and use
of the
22.
Casualt¥:~nd Condemnation.
(a)~ If any part
Fire, act of God~
"Casualty") so as to
Facilities for the Permit
manner, .then ~Lessee may
written notice to LeSsor
which termination shall be effective as
Casualty..i Upon
paying any further Rent
prepaid rent made to
Term; and Lessee
the Premises to
Ag
Fa( )n exls
of
.cations Facility:is 'damaged by
casualty (herein
use of the Lessee
Use in a commercially reasonable
Agreem providing
Cas%
date
from
~turn
this
.see
(b)
or by a
continued use o
commercially re
Agreement by, p:
shall be ve as
taking. Upon such
reimbursed
pursue
domain.
taken in,
the
and :ssee shall
respect
to
eminent
23.
and allpermits
structure
elsewhere on
transmiSSion,
whethersimi'lar
conditions
Party Lease,' );
additional rent
rentals (net
connection
'14
f
pursuant ~o the Third Party Lease within thirty (30) days of
receipt of such revenue by Lessee including applicable sales tax
thereon. The foregoing shall not require Lessee to make additional
payments to Lessor resulting from Lessee's improvements, additions,
alterations or expansions for its o%~ benefit to Lessee's Site.
IN WITNESS WHEREOF, the parties haYe executed this Agreement
as of the date first above written.
LESSOR
signed, sealed and delivered SCRWT&DB
in the presence of:
By:
Witness
Print name: Print name:
Title:
Wi%ness
Print name: Address:
APPROVED AS TO FORM:
Executed on
day of
, 199 .
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
of _, 199_, by
of
personally known to me or who has produced
take an oath.
day
as
, who is
as identification and who did (did not)
WITNESS my hand and official seal
Notary Public
Print name
My commission expires:
[SIGNATURE OF LESSEE ON FOLLOWING PAGE]
10
LESSEE
Signedi sea!ed and delivered
in the presence of:
OMNIPOINT COMF~UN I CATIONS
OPERATIONS, INC.
MB¸
Witness
Print name:
By:
Pr iht name:
Michael Kennif f
Title:
~{itness
Print name: Address:
STATE OF FLORIDA
COUNTY OF PAL~ BEACH
General Manager
600 ;uasin Boulevard
Hallandale, F1 33309
The foregoing instrument was acknowledged before me this day
of , 1997, by Michael Kenniff, as General Manager of
0r~nipoint Commu3~ications FIB Operations, Inc., who is .personally
known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal
Notary Public
Print name
My commission expires:
Executed on day of
· 1997.
EXHIBIT A
TO
COF~fUNICATIONS SITE LEASE AGREEMENT
THE LAND
12
EXHIBIT B
TO
COMMUNI~TIONS SITE LEASE AGREEMENT
THE pREMISES
13
abowe this line - this space reserved for recording
Do not write
purposes
Site Name: SCRWT&DB
Site ID: WPI029-B
Memorand,,m of Communications Site Loase A~oreement
THIS MEMORANDUM evidences that a lease was made and entered into by wr~uen
Communications Site Lease Agreement (~Agreement") dated ,1997,
between South Central Regional Wastewater Treatment and Disposal Board ("Lessor"'), whose
address is 1801 N. Congress Ave., Delmy Beach, Florida 33445 and Omnipoint
Communications MB Operations, Inc., a Delaware corporation ('Lessee"), whose address is 600
Ansin Boulevard, H~llandale, Florida 33009 the terms and conditions of which are incorporated
herein by reference.
Such Agreement provides in part that Lessor leases to Lcsse~ a ~ site located at 1801 N.
Congress Ave., City of Delmy Beach, County of Palm Beach, State of Florida, w/thin thc
property of Lessor which is described in Exhibit "A~ attached hereto, with grant of casement
for un_restricted rights of access thereto and to electric and telephone facilities for a terra of five
(5) years commencing on the date which is ninety (90) days following the execution of the
Agreement or upon commencement of the inst~ll~tion of the Les__see Facilities, whichever first
occurs, which term is subject to four (4) additional five (5) year extension periods by Lessee.
Not later than thirty (30) days following the cancellation, termin~fon or expiration of the
Agreement, Lessee will make, execute and deliver to Le-ssor an instrument, in form and
substance reasonably satisfactory to Lessor, in recordable form, releasing this memorandum of
Communications Site Lease Agreement.
IN WrrNESS WHEREOF, the parties have executed this memorandum as of the day and y~,~r
first above written.
Signed, sealed and delivered in the presence of:
'LESSOR' - SCRWT&DB
Printed Name:
By:
Printed Nsmc:
Prh~ted Name:
Title:
Date:
Address:
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
Thc foregoing instrument was ac'knowledged before me this day of ,
1997, by , or by , as
of South Central RegiOnal .Wastcwater Treatment and Disposal Board.
He/sM is to mc or provided. . as identification
and h not take an oath.
(AFFIX NOTARIAL SEAL)
(Official Notary Signature)
Notary Public, Stat~ of
My Commission expires:
PrlnI,~ typed or Stamped Name of Notary
Commission Number:.
Signed, sealed ;md deHverc~d in the prese, uce of: 'LESSEE'
O,,r,,,ipoint Commtm~catlons MB oper~t/on$, Inc.
a Delaware Corporation
By:
Printed Name: Printed Name: Michael Keamiff
Title: General M,,,,,,ger
Printed Name: Da~:
600 Ansln Boulevard
Hailer, dale, Florida 33009
STATE OF FLORIDA :
COUNTY OF :
The foregoing/nstrument was acknowledged l~fore m~ this day of . 1997, by
lvfichaeI K~,~iff, as Gemeral M~uager of Omuipoint Co,~rm-~ications IVlB ~ons, Inc., a Dela~re corporatiau.
on be. half of the oorporatlon. He./she is pea~onal imown to mo or proVide~ as
ide~tifi~-ation and he/she did/did not take aa oath.
(AFFIX NOTAKIAL SEAL)
15
(Official Notm'y Signature)
Notar~ Public, Sta~ of
My Commi.qsiou expires:
Printed, typed or Stamped Na~ of Notary
Col~m; .,~'sion Number:.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF OCTOBER 16, 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on October16, 1997, by a vote of 7-0, approve AUTHORIZATION TO INCREASE J.
J. KIRLIN'S CONTRACT FOR THE NORTHWEST REUSE PROJECT FROM ,~4,539, 795
TO ,~4,595,784.00 TO COVER ,~55,989.00 OF CHANGE ORDERS.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The ebove action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
DISPOSAL BOARD
· 1997
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on OCtober 16, 1997, by a vote of 7-0, approve AUTHORIZA TIONTO INCREASERIC
: MAN'S CONTRACT FOR THE NORTHWESTREUSE PROJECT FROM ~2,477, 735.09
TO ~2,535,701.75 TO COVER ~57,963.66 OF CHANGE ORDERS.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton. Beach this
day of , , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney