R07-093
II
1 RESOLUTION NO. R07- CA '3
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4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE MAYOR AND CITY CLERK
7 EXECUTE THE SECOND AMENDMENT TO LEASE
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND NEW CINGULAR WIRELESS TO PROVIDE
10 FOR ADDITIONAL RENEWAL TERMS BEYOND THE
11 ORIGINAL TERM; AND PROVIDING AN EFFECTIVE
12 DATE.
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15 WHEREAS, the parties entered into a Lease Agreement dated February 1, 1995, and
16 an Amendment thereto dated August 1, 2000; and
17 WHEREAS, the parties wish to further amend that Agreement by allowing an
18 extension of the Lease Agreement and a new provision for an option to expand the leased area
19 for potential future colocations; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, on
21 recommendation of staff, deems it appropriate to approve a Second Amendment to Lease
22 Agreement between the City of Boynton Beach and New Cingular Wireless to provide for
23 additional renewal terms beyond the original term and an option to expand the lease area.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and
27 confirmed as being true and correct and are hereby made a specific part of this Resolution
28 upon adoption.
29
Section 2.
The City Commission does hereby approve and authorize the
30 Mayor and City Clerk to execute a Second Amendment to Lease Agreement between the City
S:ICAIRESOISecond Amendment Lease Agreement (New Cingular).doc
"
of Boynton Beach and New Cingular Wireless to provide for additional renewal terms beyond
2 the original term and an option to expand the lease area, a copy of which is attached hereto
3 and made a part hereof as Exhibit "A".
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Section 3.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of August, 2007.
ATTEST:
. -~~
(Corporate~eiitJ
S:ICAIRESOISecond Amendment Lease Agreement (New Cingular).doc
CITY OF BOYNTON BEACH, FLORIDA
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PREPARED BY AND AFTER
RECORDING RETURN TO:
David F. Webber
Singleton Cooksey LLP
6363 Woodway, Suite 610
Houston, Texas 77057
K01-oQS
MEMORANDUM OF SECOND AMENDMENT
TO LEASE AGREEMENT
THIS MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT
("Memorandum") dated as of the latter of the signature dates below, by and among The City of
Boynton Beach, a municipal corporation of the State of Florida ("Landlord"), having a mailing
address of 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-
0310, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor by
merger to BellSouth Mobility LLC, a Georgia limited liability company, successor by corporate
election to BellSouth Mobility Inc., a Georgia corporation ("Tenant"), having a mailing address
of6100 Atlantic Blvd., Norcross, Georgia 30071.
WIT N E SSE T H:
WHEREAS, Lessor and Tenant entered into that certain Lease Agreement dated February
1, 1995, which is recorded in Official Record Book 8874, Page 1260 in the Public Records, Palm
Beach County, Florida, as amended by that certain Amendment to Lease Agreement dated
August 1, 2000 (collectively, the "Lease") wherein Tenant leased certain real property located on
the City of Boynton Beach Little League Field, located on Woolbright Road in the City of
Boynton Beach, Palm Beach County, Florida as such property is more particularly described in
the Lease and on Exhibit "A" attached hereto and made a part hereof (the "Property"); and
WHEREAS, the parties entered into that certain Second Amendment to Lease Agreement
dated as of the date hereof (the "Second Amendment"), in order to, among other things, extend
the Lease term, all upon the terms and conditions more fully set forth therein.
NOW THEREFORE, for the mutual covenants and premises herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged,
the undersigned parties, intending to be bound, agreed in the Second Amendment as follows:
1. Status of Parties. All parties acknowledge that, to the best of its knowledge the
other parties have complied in all material respects with the obligations under the Lease
occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are
not in default under the terms of the Lease.
1
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2. Extension Term. Subparagraph 4.b. of the Lease was modified in the Second
Amendment in order to provide that Tenant shall have the option to extend the Lease term for
three (3) additional five (5) year terms [commencing on September 15, 2020 and continuing until
September 14, 2035], upon the terms and conditions set forth in the Lease.
3. Option. A new Paragraph 25 was added to the Lease granting Tenant the option
to lease additional property adjacent to the Property under the terms and conditions set forth in
the Lease.
4. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the
meanings set forth in the Second Amendment and/or the Lease, as applicable.
5. No Other Amendments. Except as expressly modified by the First Amendment,
the Lease remains unchanged and in full force and effect.
[Signature pages to follow]
2
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BU#811576
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly
executed as of the date of their execution.
WITNESS:
-r/;fl~ ~ ~_ 7Yl M;t;)
Witness Signature
_~ l~rj e--- f1 Ot'L-t~
Witness P 'nted N
WItness Signature
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Witness Printed Name
WI ness Signature
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Witness Printed Name
LANDLORD:
THE CITY OF BOYNTON BEACH, a municipal
corpora~IOrida
By:
Printed Name: Kurt Bressner
Title: City Man.p ger
Date: CB -:1.,11-07
By:
Pri te Name: Jim Cherof
TitI : C~~tt07ey
Date: d- 07
4
Site name: ABBB
BU#81 1576
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
On this ~3 day of -A~-r ,2007, personally appeared before
me Kurt Bressner, City Manager ofT e City of Boynton Beach, a mUnIcIpal corporatIOn
of the State of Florida to me personally know to be the person who signed the foregoing,
and who, being be me duly sworn and being informed of the contents of said instrument,
stated and acknowledged under oath that he has executed the same as his voluntary act
and deed and was voluntarily executed by hirnse(f for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
~V"II.
!~ '1:
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Notary Public State of Florida
Carol A Mahoney
My Commission 00460414
Expires 08110/2009
Notary Public
My Commission expires:
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
On this 013 day of A~ t , 2007, personally appeared before me Jim
Cherof, City Attorney of The . y of Boynton Beach, a mUnIcipal corporatIOn of the
State of Florida to me personally know to be the person who signed the foregoing, and
who, being be me duly sworn and being informed of the contents of said instrument,
stated and acknowledged under oath that he has executed the same as his voluntary act
and deed and was voluntarily executed by hirnsel{for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
!i;~~
~ 0,,.'/
Notary Public State of Florida
Carol A Mahoney
My Commission 00460414
Expires 08/10/2009
Site Name: ABBB
BU#811576
WITNESS:
TENANT:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
Witness Signature
Witness Printed Name
By:
Name: Nellie Jabbari
Title: Senior Manager - PartnershipsIMLA's
Date:
Witness Signature
Witness Printed Name
THE STATE OF
9
9
9
COUNTY OF
I, , a Notary Public within and for the State of
duly commissioned and acting, do hereby certify that on this _ day of , 2007,
personally appeared before me Nellie Jabbari, to me personally known to be the person who signed the
foregoing Memorandum of Second Amendment to Lease Agreement and who, being by me duly sworn
and being informed of the contents of said instrument, stated and acknowledged under oath that she is the
Senior Manager - Partnerships/MLAs of New Cingular Wireless PCS, LLC a Delaware limited liability
company, and, as such, is a duly certified individual who may enter into agreements on behalf of that
entity. Moreover, she has acknowledged that the entity has executed the same as its voluntary act and
deed and was voluntarily executed by herself, on behalf of said entity, for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
5
Site Name: ABBB
BU#811576
SECOND AMENDMENT TO LEASE AGREEMENT
R07- oQ3
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment") dated as of
the latter of the signature dates below, by and among The City of Boynton Beach, a municipal
corporation of the State of Florida ("Landlord"), having a mailing address of 100 E. Boynton
Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310, and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, successor by merger to BellSouth
Mobility LLC, a Georgia limited liability company, successor by corporate election to BellSouth
Mobility Inc., a Georgia corporation ("Tenant"), having a mailing address of 6100 Atlantic
Blvd., Norcross, Georgia 30071.
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated February 1,
1995, which is recorded in Official Record Book 8874, Page 1260 in the Public Records, Palm
Beach County, Florida, as amended by that certain Amendment to Lease Agreement dated
August 1, 2000 between the parties (collectively, the "Agreement") whereby Landlord conveyed
a Lease to Tenant for property located on the City of Boynton Beach Little League Field, located
on Woolbright Road in the City of Boynton Beach, Palm Beach County, Florida and containing
approximately 1,000 square feet, together with a right-of-way or access thereto (said leased
parcel and right-of-way hereinafter called "Property");
WHEREAS, the Agreement has an initial term and renewal terms that will terminate on
September 14,2020 ("Original Term") and Landlord and Tenant desire to amend the terms of the
Agreement to provide for additional renewal terms beyond the Original Term.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Landlord and Tenant agree as follows:
1. Status of Parties. All parties acknowledge that, to the best of its knowledge the
other parties have complied in all material respects with the obligations under the Agreement
occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are
not in default under the terms of the Lease.
2. Defined Terms. Any capitalized terms not defined herein shall have the meanings
ascribed to them in the Agreement.
3. Subparagraph 4.b. Amendment. Subparagraph 4.b. of the Agreement is hereby
amended by deleting the current text and inserting the following:
"b. Tenant shall have the option to extend this lease for seven (7) additional five (5)
year terms (the "Extension Terms"), and each Extension Term shall automatically occur
unless Tenant gives Landlord written notice of its intention not to extend this Agreement
at least six (6) months prior to the end ofthe current term. Landlord shall have the option
to cancel this Agreement after the third five (5) year Extension Term by giving Tenant
written notice of its intention to do so at least six (6) months prior to the end of the then
1
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current term. The initial term and any Extension Terms shall be collectively referred to
herein as the "Lease Term.''''
The parties acknowledge that pursuant to this Amendment the Lease Term exceeds the Original
Term by an additional fifteen (15) years.
4. Subparagraph 4.c. Amendment. Subparagraph 4.c. of the Agreement is hereby
amended by adding the following language to the end of such Paragraph:
"During the additional Extension Terms (the fifth through seventh Extension Terms)
annual rent shall be increased annually by five percent (5%) over the annual rental that
was in effect during the previous year."
5. Subparagraph 4.e. Amendment. Subparagraph 4.e. of the Agreement is hereby
amended by deleting all references to "fifth (5th) five (5) year term" and inserting in lieu thereof
"seventh (7th) five (5) year term":
6. Paragraph 25 Amendment. The Agreement is hereby amended by adding a new
paragraph 25, which shall read as follows:
"25. Option. Subject to the terms and conditions set out in this Agreement,
Tenant is hereby granted the right and option to lease additional property located adjacent
to the Property being sixteen (16) foot by twenty (20) foot ("Additional Property") as
more particularly described on Exhibit "A" attached hereto. Tenant shall exercise its
option by delivering to Landlord written notice of its election to exercise the option and
thereafter the parties shall execute a mutually agreed upon amendment to the Agreement.
The parties agree that annual rent for the Additional Property shall be $15,168.00 paid
annually by Tenant. Such annual rent for the Additional Property shall be adjusted in
accordance with the terms of the Agreement. Tenant's option shall commence upon the
date of execution of this Amendment by both parties and shall continue for two (2) years,
at which time the option set out herein shall terminate without notice, and be null and
void and without further force or effect.
7. Consideration. In consideration for amending the Agreement, Tenant agrees to
pay Landlord the amount of Twenty-Three Thousand Five Hundred and 00/1 00 Dollars
($23,500.00) ($25,000.00 less $1,500.00 previously paid by Tenant to Landlord to review and
process this Amendment) upon execution of this Amendment by both parties.
8. Remainder of Agreement Unaffected. In all other respects, the remainder of the
Agreement shall remain in full force and effect. Any portion of the Agreement that is
inconsistent with this Amendment is hereby amended to be consistent.
9. Headings. The headings contained in this Amendment are for reference purposes
only and shall not modify or affect this Amendment in any manner whatsoever.
2
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BU#811576
10. Counterparts. This Amendment may be executed in counterparts, all of which
together shall constitute one agreement binding on all the parties hereto, notwithstanding that all
such parties are not signatories to the original or same counterpart.
[Signature pages to follow]
3
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BU#811576
IN WITNESS WHEREOF, Landlord and Tenant have caused this Memorandum to be
duly executed as of the date of their execution.
WITNESS:
~'7J?~
Witness Signature
WItness Signature
~ J4NA:L/I'f'D
Witness Printed Name
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Witness Signature
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Witne Printed Name
WItness Signature
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Witness Printed Name
LANDLORD:
THE CITY OF BOYNTON BEACH, a municipal
corporation 0 the State of Florida
By:
Printed Name: Kurt
Title: City l1anager
Date: J'.3.3 / (J'1
J '
Bressner
Attest:
.
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B.
Prin Name: Jim Cherof
Title: City !ttorn~y
Date: ~,}", /) 7
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3
Site name: ABBB
BU#811576
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
On this ~3 day of ~ r ,2007, personally appeared before
me Kurt Bressner, City Manager ofT CIty of Boynton Beach, a mUnIcIpal corporatIOn
of the State of Florida to me personally know to be the person who signed the foregoing,
and who, being be me duly sworn and being informed of the contents of said instrument,
stated and acknowledged under oath that he has executed the same as his voluntary act
and deed and was voluntarily executed by hirnse((for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
~Y"II4:
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Notary Public State of Florida
Carol A Mahoney
My Commission 00460414
Expires 08/10/2009
~A
Notary Public
My Commission expires~-Il>-()1
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
On this ~3 day of i, 2007, personally appeared before me Jim
Cherof, City Attorney of The C of Boynton Beach, a municipal corporation of the
State of Florida to me personally know to be the person who signed the foregoing, and
who, being be me duly sworn and being informed of the contents of said instrument,
stated and acknowledged under oath that he has executed the same as his voluntary act
and deed and was voluntarily executed by hirnselj'for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
~V"II4:
:f~~
. .
'!I. q
~ o,;,.df
Notary Public State of Florida
Carol Avlahoney
My CommiSSion 00460414
Expires 08/10/2009
Notary Public
My Commission expires: 'f) - (0-
Site Name: ABBB
BU#811576
WITNESS:
TENANT:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
Witness Signature
Witness Printed Name
By:
Name: Nellie Jabbari
Title: Senior Manager - PartnershipsIMLA's
Date:
Witness Signature
Witness Printed Name
THE STATE OF
9
9
9
COUNTY OF
I, , a Notary Public within and for the State of
duly commissioned and acting, do hereby certify that on this _ day of , 2007,
personally appeared before me Nellie Jabbari, to me personally known to be the person who signed the
foregoing Second Amendment to Lease Agreement and who, being by me duly sworn and being informed
of the contents of said instrument, stated and acknowledged under oath that she is the Senior Manager _
Partnerships/MLAs of New Cingular Wireless PCS, LLC a Delaware limited liability company, and, as
such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover, she
has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily
executed by herself, on behalf of said entity, for the uses, purposes and consideration therein mentioned
and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
6
EXHIBIT "A"
Additional Property
[Legal Description - sixteen foot by twenty foot to be attached]
7
Site Name: ABBB
BU#811576
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.fl.us
www,boynton-beach.org
MEMORANDUM
TO: Mike Rumpf
Planning and Zoning Manager
FROM: Janet M. Prainito
City Clerk
DATE: August 24, 2007
SUBJECT: R07-093- Memorandum of Second Amendment to Lease Agreement
Attached for your handling are two partially executed original agreements mentioned
above and a copy of the Resolution. Once the documents have been fully executed,
please return one original document to the City Clerk's Office for Central File.
Thank you.
Attachments (2)
5:\CC\WP\AFTER COMMI551ONlDepartmental Transmittalsl2007lR07-093 Cingular Lease agreement Mike Rumpf.doc
America's Gateway to the Gulfstream
The City of Boynton Beach
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City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach,org
MEMORANDUM
TO:
Kathy Zeitler
Planner, Planning & Zoning
FROM:
Janet M. Prainito
City Clerk
DATE:
September 21, 2007
SUBJECT:
R07-093 - Cingular Wireless Lease Agreement
Attached for your information and files are six partially executed originals of the above-
mentioned Agreement and a copy of Resolution R07-093. Please obtain required signatures
and return one copy to this office for central file.
If you have any questions or concerns, please do not hesitate to contact me.
C!!rm. ~
Attachment
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Kathy Zeitler, P & Z,Cingular Contracts.doc
America's Gateway to the Gulfstream
Site Name: ABBB
BU#811576
PREPARED BY AND AFTER
RECORDING RETURN TO:
David F. Webber
Singleton Cooksey LLP
6363 Woodway, Suite 610
Houston, Texas 77057
MEMORANDUM OF SECOND AMENDMENT
TO LEASE AGREEMENT
THIS MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT
("Memorandum") dated as of the latter of the signature dates below, by and among The City of
Boynton Beach, a municipal corporation of the State of Florida ("Landlord"), having a mailing
address of 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-
0310, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor by
merger to BellSouth Mobility LLC, a Georgia limited liability company, successor by corporate
e 1 ec.6 "~!: tl P ~ 110 C~,,-"t 1., !,.tf 'J 1: ~ 1: "-~' ~ !1'1::. :? G:,~r~;" '"",~ -~-'=,Y-: -.:~ 7"_~ ("!.?~ :..-; t"1. 1~ ," _.: ..-~ ~~~ 2 !.l~?i 1i ~~ r>- ,.,~ -;:-
of6100 Atlantic Blvd., Norcross, Georgia 30071.
WIT N E SSE T H:
WHEREAS, Lessor and Tenant entered into that certain Lease Agreement dated February
1, 1995, which is recorded in Official Record Book 8874, Page 1260 in the Public Records, Palm
Beach County, Florida, as amended by that certain Amendment to Lease Agreement dated
August 1,2000 (collectively, the "Lease") wherein Tenant leased certain real property located on
the City of Boynton Beach Little League Field, located on Woolbright Road in the City of
Boynton Beach, Palm Beach County, Florida as such property is more particularly described in
the Lease and on Exhibit "A" attached hereto and made a part hereof (the "Property"); and
WHEREAS, the parties entered into that certain Second Amendment to Lease Agreement
dated as of the date hereof (the "Second Amendment"), in order to, among other things, extend
the Lease term, all upon the terms and conditions more fully set forth therein.
NOW THEREFORE, for the mutual covenants and premises herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged,
the undersigned parties, intending to be bound, agreed in the Second Amendment as follows:
1. Status of Parties. All parties acknowledge that, to the best of its knowledge the
other parties have complied in all material respects with the obligations under the Lease
occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are
not in default under the terms of the Lease.
I
Site Name: ABBB
BU#811576
2. Extension Term. Subparagraph 4.b. of the Lease was modified in the Second
Amendment in order to provide that Tenant shall have the option to extend the Lease term for
three (3) additional five (5) year terms [commencing on September 15, 2020 and continuing until
September 14,2035], upon the terms and conditions set forth in the Lease.
3. Option. A new Paragraph 25 was added to the Lease granting Tenant the option
to lease additional property adjacent to the Property under the terms and conditions set forth in
the Lease.
4. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the
meanings set forth in the Second Amendment and/or the Lease, as applicable.
5. No Other Amendments. Except as expressly modified by the First Amendment,
the Lease remains unchanged and in full force and effect.
[Signature pages to follow]
2
Site Name: ABBB
BU#811576
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly
executed as of the date of their execution.
WITNESS:
Q Mher{ ~ (!iJen~ -alt.tXifvlt1n
Witness Printed Name
WITNESS:
C~~~p~~~~
~ Qk /iJ~Jl/VVO/LC
Witness Sign ture
Cn:&x, tLO ~~ ~Ub({bK
Witness Printed Name
LANDLORD:
THE CITY OF BOYNTON BEACH, a municipal
corporation oft State of Florida
By:
Printed Name: Kurt Bressner
Title: City Manager
Date: -914..110'1
, '
OJ/Ld- '
im Cherof
Ity Attorney
q//q/O 7
.
4
..,
Site name: ABBB
BU#811576
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
On this "-.I$t'day of ~ ,2007, personally appeared before
me Kurt Bressner, City Manager 0 The CIty of Boynton Beach, a munICIpal corporatIOn
of the State of Florida to me personally know to be the person who signed the foregoing,
and who, being be me duly sworn and being informed of the contents of said instrument,
stated and acknowledged under oath that he has executed the same as his voluntary act
and deed and was voluntarily executed by himse(ffor the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
-tl~ >J1~
Notarv Public
-', ~-._.L"';"~'d ~.:::.. -- CJ /17/ 1lL__
.,411.", VAL
.,~,:!,u~. ORIE MOATS
. ',~"\'1 MY COMMISSION # DO 346198
.;;.,*'i>~! EXPIRES: September 17, 2008
"I;,.rf:::~~" Bonded Thru Notafy PubUe lJnderNrttera
THE STATE OF FLORIDA
COUNTY OF P AUvl BEACH
On this I q t:Jv day of ~ ' 2007, personally appeared before me Jim
Clterof, City Attorney of The City of Boynton Beach, a municipal corporation of the
State of Florida to me personally know to be the person who signed the foregoing, and
who, being be me duly sworn and being informed of the contents of said instrument,
stated and acknowledged under oath that he has executed the same as his voluntary act
and deed and was voluntarily executed by himself for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
..::~~~:'r;:;;." VALORIE MOATS
. 'A~ .t~ MY COMMISSION # DO 346198
; ..i,..~,,} EXPIRES: September 17, 2008
.: .:";:.\~'<t-., Booded Thru Notary Public Underwriters
...~.';..
--z/~ fJ1~
Notary Public
My Commission expires: If 11'1 / tJ~
Site Name: ABBB
BU#811576
WITNESS:
TENANT:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
Witness Signature
By:
Name: Nellie Jabbari
Title: Senior Manager - PartnershipslMLA' s
Date:
Witness Printed Name
Witness Signature
Witness Printed Name
THE STATE OF
s
s
s
COUNTY OF
I, , a Notary Public within and for the State of
duly commissioned and acting, do hereby certify that on this _ day of , 2007,
personally appeared before me Nellie Jabbari, to me personally known to be the person who signed the
foregoing Memorandum of Second Amendment to Lease Agreement and who, being by me duly sworn
and being informed of the contents of said instrument, stated and acknowledged under oath that she is the
Senior Manager - Partnerships/MLAs of New Cingular Wireless PCS, LLC a Delaware limited liability
company, and, as such, is a duly certified individual who may enter into agreements on behalf of that
entity. Moreover, she has acknowledged that the entity has executed the same as its voluntary act and
deed and was voluntarily executed by herself, on behalf of said entity, for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
5
Site Name: ABBB
BU#811576
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment") dated as of
the latter of the signature dates below, by and among The City of Boynton Beach, a municipal
corporation of the State of Florida ("Landlord"), having a mailing address of 100 E. Boynton
Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310, and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, successor by merger to BellSouth
Mobility LLC, a Georgia limited liability company, successor by corporate election to BellSouth
Mobility Inc., a Georgia corporation ("Tenant"), having a mailing address of 6100 Atlantic
Blvd., Norcross, Georgia 30071.
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated February 1,
1995, which is recorded in Official Record Book 8874, Page 1260 in the Public Records, Palm
Beach County, Florida, as amended by that certain Amendment to Lease Agreement dated
August 1, 2000 between the parties (collectively, the "Agreement") whereby Landlord conveyed
a Lease to Tenant for property located on the City of Boynton Beach Little League Field, located
on Woolbright Road in the City of Boynton Beach, Palm Beach County, Florida and containing
approximately 1,000 square feet, together with a right-of-way or access thereto (said leased
prce] 2nd rgl~t-of-w~:v lJer::>h2.fter called "Pro:~':'r:y"':
WHEREAS, the Agreement has an initial term and renewal terms that will terminate on
September 14,2020 ("Original Term") and Landlord and Tenant desire to amend the terms of the
Agreement to provide for additional renewal terms beyond the Original Term.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Landlord and Tenant agree as follows:
1. Status of Parties. All parties acknowledge that, to the best of its knowledge the
other parties have complied in all material respects with the obligations under the Agreement
occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are
not in default under the terms of the Lease.
2. Defined Terms. Any capitalized terms not defined herein shall have the meanings
ascribed to them in the Agreement.
3. Subparagraph 4.b. Amendment. Subparagraph 4.b. of the Agreement is hereby
amended by deleting the current text and inserting the following:
"b. Tenant shall have the option to extend this lease for seven (7) additional five (5)
year terms (the "Extension Terms"), and each Extension Term shall automatically occur
unless Tenant gives Landlord written notice of its intention not to extend this Agreement
at least six (6) months prior to the end of the current term. Landlord shall have the option
to cancel this Agreement after the third five (5) year Extension Term by giving Tenant
written notice of its intention to do so at least six (6) months prior to the end of the then
I
Site Name: ABBB
BU#811576
current term. The initial term and any Extension Terms shall be collectively referred to
herein as the "Lease Term.""
The parties acknowledge that pursuant to this Amendment the Lease Term exceeds the Original
Term by an additional fifteen (15) years.
4. Subparagraph 4.c. Amendment. Subparagraph 4.c. of the Agreement is hereby
amended by adding the following language to the end of such Paragraph:
"During the additional Extension Terms (the fifth through seventh Extension Terms)
annual rent shall be increased annually by five percent (5%) over the annual rental that
was in effect during the previous year."
5. Subparagraph 4.e. Amendment. Subparagraph 4.e. of the Agreement is hereby
amended by deleting all references to "fifth (5th) five (5) year term" and inserting in lieu thereof
"seventh (ih) five (5) year term":
6. Paragraph 25 Amendment. The Agreement is hereby amended by adding a new
paragraph 25, which shall read as follows:
"25. 0",t:"". SA)::'ct to tl,~
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Te:larlt is hereby granted the right and opriol1 to lease additional propeny located adjacent
to the Property being sixteen (16) foot by twenty (20) foot ("Additional Property") as
more particularly described on Exhibit "A" attached hereto. Tenant shall exercise its
option by delivering to Landlord written notice of its election to exercise the option and
thereafter the parties shall execute a mutually agreed upon amendment to the Agreement.
The parties agree that annual rent for the Additional Property shall be $15,168.00 paid
annually by Tenant. Such annual rent for the Additional Property shall be adjusted in
accordance with the terms of the Agreement. Tenant's option shall commence upon the
date of execution of this Amendment by both parties and shall continue for two (2) years,
at which time the option set out herein shall terminate without notice, and be null and
void and without further force or effect.
7. Consideration. In consideration for amending the Agreement, Tenant agrees to
pay Landlord the amount of Twenty-Three Thousand Five Hundred and 00/100 Dollars
($23,500.00) ($25,000.00 less $1,500.00 previously paid by Tenant to Landlord to review and
process this Amendment) upon execution ofthis Amendment by both parties.
8. Remainder of Agreement Unaffected. In all other respects, the remainder of the
Agreement shall remain in full force and effect. Any portion of the Agreement that is
inconsistent with this Amendment is hereby amended to be consistent.
9. Headings. The headings contained in this Amendment are for reference purposes
only and shall not modify or affect this Amendment in any manner whatsoever.
2
Site Name: ABBB
BU#811576
10. Counterparts. This Amendment may be executed in counterparts, all of which
together shall constitute one agreement binding on all the parties hereto, notwithstanding that all
such parties are not signatories to the original or same counterpart.
[Signature pages to follow]
3
Site Name: ABBB
BU#811576
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly
executed as of the date of their execution.
Witness Printed Name
~ (!hjl~ )Mil krlJ~
Witness Sign ture
~ II ~ 1(11 rl{ 4uJJurWrll1
Witness Printed Name
CDl m
Witness Printed N4I11e
~ ~)VW -~JyJ\Jd11Li
Witness Signafure
~jVl~ Clj()t\Y-P'LUrVV1arJ
Witness Printed Name
LANDLORD:
THE CITY OF BOYNTON BEACH, a municipal
corporation of the tate of Florida
By:
Printed Name: Kurt Bressner
Title: City Manager
Date: 9/:L/71J7
, ,
By:
Printe
Title:
Date:
: Jim Cherof
Ity Attorney
q(lq/Or
4
Site name: ABBB
BU#811576
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
On this -.J./ sf' day of ~ ,2007, personally appeared before
me Kurt Bressner, City Manager 0 The City of Boynton Beach, a municipal corporation
of the State of Florida to me personally know to be the person who signed the foregoing,
and who, being be me duly sworn and being informed of the contents of said instrument,
stated and acknowledged under oath that he has executed the same as his voluntary act
and deed and was voluntarily executed by himse(ffor the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
.....';.~..... VALORIE MOATS
!~<it'..~.;; MY COMMISSION # 00 346198
!-: ~j EXPIRES: September 17, 2008
f,;...... Bonded Thru Notary Public UndelWrilers
-zf~ n1~
"Jot2.rv Public
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q j/7/lJf
THE STATE OF FLORIDA
COUNTY OF PALM BEACH
On this I q~ day of ~ ,2007, personally appeared before me Jim
Cherof, City Attorney of The City of Boynton Beach, a municipal corporation of the
State of Florida to me personally know to be the person who signed the foregoing, and
who, being be me duly sworn and being informed of the contents of said instrument,
stated and acknowledged under oath that he has executed the same as his voluntary act
and deed and was voluntarily executed by himse(ffor the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
V~ Y11H:&i
Notary Public
My Commission expires: q //7/1767
, ....;:;r~r1Jt. VALORlE MOATS
!.f \;. MY COMMISSION # 00 346198
. ~:.A~~1 EXPIRES: September 17, 2008
! ;'tf,iift.~.... Bonded Thru Notary Public UndelWriters
'--
Site Name: ABBB
BU#811576
WITNESS:
TENANT:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
Witness Signature
By:
Name: Nellie Jabbari
Title: Senior Manager - PartnershipsIMLA's
Date:
Witness Printed Name
Witness Signature
Witness Printed Name
THE STATE OF
s
s
s
COUNTY OF
I, , a Notary Public within and for the State of
duly commissioned and acting, do hereby certify that on this _ day of , 2007,
personally appeared before me Nellie Jabbari, to me personally known to be the person who signed the
foregoing Second Amendment to Lease Agreement and who, being by me duly sworn and being informed
of the contents of said instrument, stated and acknowledged under oath that she is the Senior Manager -
Partnerships/MLAs of New Cingular Wireless PCS, LLC a Delaware limited liability company, and, as
such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover, she
has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily
executed by herself, on behalf of said entity, for the uses, purposes and consideration therein mentioned
and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
6
EXHIBIT" A"
Additional Property
[Legal Description - sixteen foot by nineteen foot to be attached]
7
Site Name: ABBB
BU#811576
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GEMINI
~ ml CROWN
Iii! Ii (-\STi!
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Dee Ware
Gemini Development Group
4131 Hollywood Blvd
Hollywood, FL 33021
Tel 954-983-2250
Fax 954-983-2230
Crown Castle International
An Authorized Vendor of
Crown Castle International
1220 Augusta Drive #500
Houston. TX 77057
Ms. Zeitler:
I would appreciate your assistance with the attached documents. They need to be notarized and witnessed. 1 will
be happy to pick them up once completed.
Thank you,
~........,
,
~
Dee Ware
Gemini Development Group
561-214-3658
Dware@geminidevgroup.com
The City of Boynton Beach
~.......:9c
r <<).
~ / < .
.', ..... J.\. · //~.
.~~.
' j ; ~
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
MEMORANDUM
TO:
Regarding reason for two sets of this agreement
FROM:
Janet M. Prainito
City Clerk
DATE:
October 10, 2007
SUBJECT:
R07-093 - Cingular Wireless Lease Agreement
The original six sets of this agreement were somehow lost and Cingular only received two, so
they requested another set be sent to them. Since these were signed as witnesses and notary
by different people both sets were put in the permanent file.
Attachment
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Kathy Zeitler, P & Z,Cingular Contracts.doc
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