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R09-068 II I RESOLUTION NO. R09- OfoB A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO GROUND LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND UNISITE, LLC. AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Unisite, LLC., is requesting an amendment to the Lease approved on August 17, 1999 to allow an expansion of the lease area by an additional 300 square feet for the placement of a SOO-gallon propane generator for Verizon Wireless (sublessee): and 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 a First Amendment to Ground Lease Agreement between the City of Boynton Beach and Unisite, LLC.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratitied and confirmed as being true and correct and are hereby made a specitic part of this Resolution upon adoption hereof. Section 2: The City Commission of the City of Boynton Beach, Florida does -~ hereby authorize and direct the Mayor and City Clerk to execute a First Amendment to ,Ground Lease Agreement between the City of Boynton Beach and Unisite, LLC., a copy I I of which Agreement is attached hereto as Exhibit "A". II I Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED this 61. {6T day of April, 2009. CI \'Y OF BOYNTON BEACH ~~ -- \~~ ayor - . rry T or 'I' '_ // I / / \.J ",'r,:,? l \ /C_.~ re" \ '""'-, " V J ,__ t. (.... .... c__ _ __....' t /~ - c~emez u___~ Commissioner. Marlene Ross ATTESl: FIRST AMENDMENT TO GROUND LEASE AGREEMENT THIS FIRST AMENDMENT TO GROUND LEASE AGREEMENT ("First Amendment") is entered into as of the \ a -\ "" day of '(Y"\~~ , 2009 ("Effective Date"), by and between the City of Boynton Beach, a Florida municipal corp~ration (hereinafter referred to as "Landlord') and Unisite, LLC, a Delaware limited liability company, (hereinafter referred to as "Tenant"). WIT N E SSE T H: A. Landlord is the owner of that certain parcel of land (the "Property") located in the County of Palm Beach, State of Florida, and Landlord and Unisite, Inc., predecessor in interest to Tenant, entered into that certain Ground Lease Agreement dated September 3, 1999, (the "Agreement") as amended by that certain Addendum to Ground Lease Agreement, by and between Landlord and Unisite, Inc., predecessor in interest to Tenant, dated November 15, 1999 (the "Addendum") (collectively, the "Lease"), whereby the Tenant leases a portion of the Property ("Premises"), together with any easements for ingress and egress and the installation and maintenance of utilities, all as set forth in the Lease (hereinafter collectively the "Site"). The Property and Premises/Site are depicted in Exhibit A attached hereto. B. Landlord and Tenant desire to amend the terms ofthe Lease as provided herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Compound Expansion. a. Effective as of the Commencement Date (as defined below), Landlord hereby leases to Tenant an additional three hundred (300) square feet of land ("Additional Area") contiguous to the Premises as designated on Exhibit B. Upon the Commencement Date, the Additional Area is hereby included in the Premises under the Lease. Exhibit B may be replaced by Tenant with a survey depicting the actual legal description of the Premises and/or the Site. b. Landlord hereby grants to Tenant, its officers, agents, employees and independent contractors the right and privilege to enter upon the Site, and/or the Additional Area at any time after the date of this Amendment, to perform or cause to be performed test borings of the soil, environmental audits, sampling, and/or tests, engineering studies and to conduct a survey of the Site and the Additional Area (the "Studies".). Landlord will provide Tenant with any necessary keys or access codes to the Property if needed for ingress and egre!,s. Landlord will not unreasonably interfere with Tenant's use of the Property in conducting these activities. Tenant will restore the site and/or the Additional Area and will indemnify Landlord for any claims or damages caused by Tenant or its agents or employees as part of the scope of these Studies. c. The "Commencement Date" shall be the earlier of: (i) the date Tenant notifies Landlord in writing that Tenant elects to commence leasing the Additional Area; or (ii) the Rent Commencement Date, as defined below. d. The "Rent Commencement Date" is the earlier of: (i) the date that Tenant issues a written 'Notice To Proceed' to one of its actual or prospective licensees or subtenants First Amendment to Ground Lease Agreement Quantum Park, FL Site # 91997 ("Customer") for the purpose of commencing the Customer's installation of equipment on all or a portion the Additional Area; or (ii) if no written Notice to Proceed is issued, then the date that a Customer which has entered into a license or sublease agreement with Tenant commences to install such Customer's equipment or other personal property at the Additional Area;, or (iii) 9 months after the Effective Date of this Amendment. e. The Rent Commencement Date shall be contingent on: (i) Tenant entering into a binding agreement with a Customer for that Customer's occupation of a portion of the Additional Area and Tenant and such Customer obtaining all necessary certificates, permits, licenses, and other approvals that may be required by any federal, state, or local authority for a Customer to occupy and operate on the Additional Area and Site; and (ii) Tenant determining, at its sole discretion, that the status of title of Landlord as to the Additional Area is acceptable to Tenant; and (iii) Tenant determining at its sole discretion that the Additional Area, Site and Property are clear of any hazardous substances, which include any material or substance which is or becomes defined as a hazardous substance, pollutant, or contaminant, subject to reporting, investigation, or remediation pursuant to any federal, state, or local governmental authority, and any oil, or petroleum products or their by-products. If anyone of the above contingencies shall not be satisfied, then Tenant may, at any time prior to the Rent Commencement Date, in writing to Landlord, terminate this Section 1 in its entirety and this Section 1 shall then be null and void and of no further force and affect, provided that the remainder of this Amendment will otherwise survive and continue in full force and effect. f. Commencing on the Rent Commencement Date, the monthly rent payable under the Lease shall be increased by Two Hundred Thirty Five and No /100 Dollars ($235.00) per month. 2. Notices. All notices or demands by or from Tenant to Landlord, or Landlord to Tenant, required under this Lease will be in writing and sent (United States mail postage pre-paid, certified with return receipt requested or by reputable national overnight carrier service, transmit prepaid) to the other party at the addresses set forth below, as applicable, or to such other addresses as the parties hereto may, from time to time, designate consistent with this paragraph, with such new notice address being effective 30 days after receipt by the other party. Notices will be deemed to have been given upon either receipt or rejection. Landlord: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Attn: City Manager Tenant: American Tower 10 Presidential Way Wobum, MA 01801 Attn: Land Management First Amendment to Ground Lease Agreement Quantum Park, FL Site # 91997 With a copy to: American Tower 116 Huntington Ave. Boston, MA 02116 Attn: Legal 3. Approvals. Without limiting any of Tenant's other rights under the Lease, Landlord shall cooperate with Tenant, at no out-of-pocket expense to Landlord, in Tenant's efforts to obtain, maintain, renew and reinstate any and all of the certificates, permits, licenses, zoning, variances and other approvals which may be required from any federal, state or local authority as well as any necessary easements for Tenant or Tenant's sublessees, licensees, and/or customers' occupation or use ofthe Site (collectively, the "Approvals"). Landlord agrees to execute within 15 days after receipt of a written request from Tenant any and all documents necessary, in Tenant's reasonable judgment, and in a form reasonably acceptable to Tenant to allow Tenant and its sublessees, licensees, and/or customers to obtain, maintain, renew or reinstate the Approvals. Landlord further irrevocably appoints Tenant as attorney-in-fact coupled with an interest to execute any document or Approval which Landlord fails to execute within 15 days after Landlord's receipt of a request for execution. Landlord does not warrant, represent or guarantee any approval required by any City Board, Department, or City Commission. 4. Sie:nae:e. Without limiting any of Tenant's rights under the Lease, Tenant shall have the right to install and maintain identifying signs or other signs required by any governmental authority on or about the Site, including any access road to the Site. Tenant must comply with any and all governmental rules, regulations, and ordinances. 5. Documentation. Upon any permitted transfer or assignment of the Landlord's interest in this Lease, prior to Tenant's being obligated to make any rent or other payments to the successor Landlord, Landlord's successor will provide Tenant with a completed Internal Revenue Form W-9, or then equivalent form, and any other reasonably necessary documentation requested by Tenant in order to confirm such transfer of the Lease. 6. Memorandum of Lease. Upon request by Tenant, Landlord shall execute and deliver to Tenant a Memorandum(s) of Lease, reflecting this Amendment, in a form reasonably acceptable to Tenant and which is recordable in the county in which the Property is located. 7. Ratification/Estoppel. Tenant and Landlord each hereby ratifies and confirms that the Lease is in full force and effect. Landlord represents and warrants that, as of the Effective Date, Tenant is not in default in the payment or performance of its obligations under the Lease and, to the best of Landlord's current knowledge, there is no existing condition that, although not presently a default, may result in a default under the Lease. Except as modified herein, the Lease and all the covenants, agreements, terms, provisions and conditions thereof remain in full force and effect and are hereby ratified and affirmed. If any inconsistency exists or arises between the terms of the Lease and the terms of this Amendment, the terms of this Amendment shall prevail. 8. Entiretv~ Amendment~ Counterparts. This Amendment, together with the Lease, constitutes the entire agreement among the undersigned parties hereto. Any modification to this Amendment must be in writing and signed and delivered by authorized representatives of the affected parties in order to be effective. This Amendment will be governed by the laws of the state in which the Site is situated. This Amendment may be executed in any number of counterparts, each of which shall be an original, which may be delivered via facsimile, but all of which taken together shall constitute one instrument. First Amendment to Ground Lease Agreement Quantum Park, FL Site # 91997 IN WITNESS WHEREOF, Landlord and Tenant have each executed this Second Amendment as of the Effective Date written above LANDLORD: WITNESSES: City of Boynton Beach, a Florida municipal corporation ~ ~g~~~~e- By: ~,UPT BRESSNER Its: CITY M,;\NAGER Print Name: \6...<'V"\<V"\, ~~Go\..",-i. \0,<,\ e.. BO'{~ rON SEACH. FL Si1::h 1{JJl()J146 CITY ATTORNEY Print Name: l€A:h Kr f\5Nt'f"'F ACKNOWLEDGEMENT State of County of Pal m8~~ On~ 6,.llIL'4 before m~, h'€n t t '11eti . Public, personally appeared It~ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY PUBIJC-STATE OF FLORIDA , J 'I ) ...,.......... Catherine Cherry.Guberman € _ \ Commission # DD792144 Notary Public ~""'''h'''/ Expires: MAY 27, 2012 Print Name: lJ()NPlW TlillU ATLANTIC BONDING CO" INC. My commission expires: ~Q First Amendment to Ground Lease Agreement Quantum Park, FL Site # 91997 TENANT: WITNESSES: U nisite, LLC, a Delaware limited liability co Qi\~ - - sch Signature M ~ rttf ent, Land Management Pri t Name: ttmYJ ~ Si H thTf' Pri JV~T ( tV ACKNOWLEDGEMENT TENANT State of Massachusetts County of Middlesex On OC;;\O'{\\l1 before me, (here insert name), a Notary Public, personally appeared Jason D. Hirsch, Vice President, and Management, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. o l8l 'L L .Jaqwald~ Notary Pu lC - !OJ\ )(3 UOISS!WWOJ W Print Name: h<rpO ~"Snd AHV.LON My commission expires: u~~t\!U~OW .S a!Je~ First Amendment to Ground Lease Agreement Quantum Park, FL Site # 91997 EXHmIT A This ~xhibit A May be R~~~aced by an As-Built Survey at Tenant's Option depicting the Leased Premises, Access and Utthttes Easements and if applicable, guy wire and guy anchor easements . ...A , . ~ A PARes. OF V.ND IElNG ^ PORnON OF LOT 92. Q BOYNTON BEACH, P.I..D. PLAT NO. 3 NJ RECORDED IN ~ OK e01 PAGES 29-31 OF THE PUBUC RECORDS OF PALM WCH ~Um.; ffOOIDA. BEING MOREPARTICUlARLYDESCaIliDAS FOLLOWS; I. ~"1~.,..1 .t ;.~ C<JMMENCE AT THE EASTERLY "OST NOR'11-tMST COJINI!R. 'OJI'" 0 LOT 92; THENCe ON A GRID BEARING OF N71..01-W Al.ONO TH N~ UNE OF SAID Lof t2. (SAID UNE ALSO ICING THE SOUTH UNE OF A Mea OF LAND RECORDED: IN OFfiICIAL RECOAO BOCK &Me, f!.AGE 321 AS HawN ON SAID PlAT) A DlSTANqi OF 5.01 F!ET: THENCe 81S02O'fIrW A OISTAHCEOF 6.00,:&ET TO A POI FEr SOU'nf OF; AND PARALLB. VI61"H THe NORTH UN!! SAID LOT 92: THENCe N71'31'01-W ALONG SAK) PNtH.LEL. UNE It. DISTAN e OF !O.OO PEET; THENCE S1r3&'2rvY A DISTANCE OF !C.01 FEET; THENCE 871038'01'"1 A oeSTANCE OF ao.oo FEET TO A POI ON A LINES.CO Fer 'NEST OF AND PARAUiL WITH 1M! I!A8T UNE OF Q LOT &2. SAtD POINT BEING ON :THE ARC OF A NON-TANGSNr CURVE. CO VE TO WEST. A RADIAL UNE OF SAID CURVE THROUGH SAID POINT MAVIN A BEARING OF SlIr15'10'"E: TH~CE NORTHERlV Al..ONG SAID PARALLEL HE. ALONG THE ARC OF SAID CURVE TO THE lEFT, HAVING A CENTRAL t.e OF 02.10'.45- AND A RADIUS OF 1315.'00 FEET FOR AN ARC DISTANCE 50.02 FEET TO I THE POJNTOF BEGINNING: SAlC lAND SITUATE lNITHlH THE CITY OF IOYNT'ON' H, PALM BEAGH 'COUNTY. PLORJ~ CQNTAI~INCI 2,-500 SQUARE FEET. MORE OR LSS. ; First Amendment to Ground Lease Agreement Quantum Park, FL Site # 91997 EXHffiIT B This Exhibit B May be Replaced by an As-Built Survey at Tenant's Option depicting the Leased Premises, Access and Utilities Easements and if applicable, guy wire and guy anchor easements 1 ~'-It u::tox NIt... I "'1'1--4- LE55Ef:N5E~ '~Q .;-'l., E Pfill"....E T~M< j TO BE RElfO'lE:l LESSEE/I.I"".D 8' l( 11'" CONe, PAD T-tIOIlLE II'. ll' i CONC,PNl ~ ~ b I 1 ; ~ MElllO PC1l ~ PU~ "-1" )C 14'-0'" I Ill'" C()NC. p~ S;j ~ " QItA~L .-. [;] SIJRI:'~ "'lO"02:D / "'- ,c' ~o SPAR!< WFFER ~ I ~Sa:/USER Plllll'OSDl 4-' X!J:O' Y7 ~ !iP~ I I <:LO .AI1. - TO BE REWQ~ fly LESSEEN!f:R ., \ ~~Il/~ b i <> I '\., ""/ ..EW "'-AlL T~~~ ~ -- ro WATCH ElGSlIH<J; '.," -- P.O' LaSEE;u,;m ::~L~~~,~_~ SO' -0' P>IOPOSED "EW LEASE AREA First Amendment to Ground Lease Agreement Quantum Park, FL Site # 91997 Space Above Line Reserved For Recorder's Use Prepared by & Return to: Justin White American Tower Land Management 10 Presidential Way Woburn, MA 01801 1. Title of Document: Memorandum of Lease 2. Date of Document: 3. Landlord: City of Boynton Beach 4. Tenant: U nisite, LLC 5. Statutory MaHin!! Address(es): Landlord: City of Boynton Beach 100 E, Boynton Beach Blvd. Boynton Beach, FL 33435 Tenant: American Tower 10 Presidential Way Wobum, MA 01801 Attn: Land Management 6. Property Address: 310 1 Quantum Blvd, Boynton Beach, FL 33426 Property Control Number: 08-43-45-17-09-000-0922 7. Le!!al Description: Exhibit A 8. Prior Recorded Notice of Lease: in Book 11346. Pal!e 356 in the rel!istrv of Palm Beach County. Florida. Prepared bv and Return to: American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Management / Justin White ATC Site # 91997 A TC Site Name: Quantum Park MEMORANDUM OF LEASE This MEMORANDUM OF LEASE ("Memorandum") is entered into on the day of , by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter referred to as "Landlortf') and Unisite, LLC, a Delaware limited liability company, (hereinafter referred to as "Tenanf'). NOTICE is hereby given of the following described Lease as amended, for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute a restatement and amendment of any such prior recorded notices. 1. Lease: Ground Lease Agreement, between Landlord and Tenant, or its predecessor in interest, entered into on September 3, 1999, as amended (the "Lease") 2. Prior Recorded Notice of Lease: in Bookl1346. Palle 356 in the rellistrv of Palm Beach County. Florida. 3, Lease Commencement: October 12, 1999. 4. Expiration of Current Term: October 11, 2009; 5. Extended Terms: Lessee has the option to further extend the term of the Lease for each of 3 successive 5 year terms. 6. Leased Premises: As described in Exhibit "A," attached hereto, together with any access and utility easements. Exhibit A may be replaced by an as-built survey at Lessee's option depicting the Leased Premises, access and utilities easements and if applicable, guy wire and guy anchor easements. 7. Additional Area: As stated in that certain Amendment between the Lessor and Lessee dated , (the "Amendment"), as of the Commencement Date (as such term is defined in the Amendment), the Additional Area set forth in Exhibit B will be added to and become a part of the Leased Premises. Exhibit B may be replaced by an as-built survey at Lessee's option depicting the Leased Premises, access and utilities easements and if applicable, guy wire and guy anchor easements. 8. Incorporation: The terms and conditions of the Lease, as amended, are hereby incorporated into this Memorandum. 9. Effect: This Memorandum is not a complete summary of the terms and conditions contained in the Lease. Provisions in the Memorandum should not be used in interpreting the Lease provisions. In the event of a conflict between this Memorandum and the Lease, the Lease will control. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day first above written. LANDLORD: WITNESSES: City of Boynton Beach, a Florida municipal corporation By: ~~ ~4~;""(. ~,UFi r 8r(ESSNER Signature Its: C!: y !V,~NAGER Print Name: '~'Of'V"\.""",~c....Y\~ 'fO,,-e.., BiJ'{NTON BEACH, FL Ci1~ r)<(A:')tJ~F'j: APPR Signature Print Name: l..elfh 1<rP6l\K)Fr CITY ATT("!~I\I!!Y ACKNOWLEDGEMENT State of County of PClI m DtaO ~ On ~ l\J-j is, a wL before m~~t~iI~;' UJe"-t ~ I I l)1' 0'0 11 (here insert name), a Notary Pubhc, personally appeared j (: eS's t . , p~rsonal1y known to..me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. NOTARY PUBIJC-STATE OF FLORIDA ,""'"'''''' Catherine Cherry-Guberman i .~commisSion#DD792144 "i." l Expires: MAY 27, 2012 '".."., GC:O C BOl'lDED THJU ATLANTIC: 100000lN .,IN. TENANT: WITNESSES: Unisite, LLC, a Delaware limited ~,~ Signature ~ Pro t Name: 1\1 A1V1)fJ ~ ~ ') V So Ti IV W tt1 Ie--- ACKNOWLEDGEMENT TENANT State of Massachusetts County of Middlesex On 01;; 0 D before me, (here insert name), a Notary Pu lic, personally appeared Jason , Hirsch, Vice P ent, Land Management, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Marie ~c Moynihan NOTAHY PUBLIC My Commiss;on Expires September i 7, 2010 EXHIBIT B This Exhibit B May be Replaced by an As-Built Survey at Tenant's Option depicting the Leased Premises, Access and Utilities Easements and if applicable, guy wire and guy anchor easements 1 e;o' -0' lEASE ^REA I #'-+" lES5EI;/V5ER '.xl GAL E PIlOl' //HE r.lld( 1 T<) lIE llElIO~ LL5$fE~ I' K'I' COt4c. PAD T-_Lt 6' x rf < CONe. PAD ~ ~ ~ ''I "; i ... ,; ...' ""11>1l PO b P".... 9'-4- X '~'-O. I I!I~ o(wc FJ.:) g r- ...CIt"~L ~ SlI/lI'~ -- ;>;W>O!l:O /" " ,(}' NO SP.6RK !tjm;R ~ / LmlG:/OS91 .-- .._ED 4-- X Ht y'/ GIlOlJllO !J'1'Ire. I !:LO "'^Ll. ---11) BE 1ttlIO'lIED IlY LLS~ENSI':R \ 0 T ~~ I b "- "'/ NEW _.AU. I _- ro "ATC~ !;:.ISlI-.G .... -- In ~.EEf\J'SER .. ~.~L.-~ ~ ",...u.NEW GATE 4~'-+' _0SEIl NEoA' W^LL 00'-0' ....OPOSfD NEW L.E^SE AAUo EXHIBIT A This Exhibi.t A May be Replaced by an As-Built Survey at Tenant's Option depicting the Leased Premises, Access and Utilities Easements and if applicable, guy wire and guy anchor easements . ,.A , . ~ A PARCEL OF ~ND BE\NG A. POFmON OF LOT 92r Q BOYNTON BEACH, P.I.D. PLAT NO. 3 NJ RECORDED IN ft) OK 801 PAGES 29-31 OF THE PUBUC RECORDS OF PALM BEACH ~U~' ~ORIDA, BeiNG MORE PARTICUlARLY DESCaIBED AS F01..LOWS:. \ ~ ~ i ~,.~! J~' ~ COMMENCE AT lliE EASTERLY MOST NOR1I-t!A.ST cciaNIR 'OJI" D LOT 92; THENCE ON A GRlD lEARING OF N71-:w'01- W AlOHG 11-1 NOfmot UNE OF SAID LOT t2. (SAID UNE ALSO BEING THE SOUTH UNE OF A ARea OF LAND RECORDED IN OFFICIAL RECOfU) BOOI< 5448. f!AGE 321 AS HOWN ON SAID PlAT) A DISTANCe OF 5.01 FeeT; THENCE S1a-2asrw A Of STANCe OF 5.00 F&T TO A POI FEET SOUTH OF; AND PARALLEl. V\fTH THE NORTH UN! SAle LOT 92.: 1'HeleE N71W01--N ALONG SAm PARALLEL UNE A ctSTAN e OF eo.co FEeT; THENCE S1rn1.rw A DISTANce OF !D.01 FEET; TlfENCE 871038'01'"1 A DISTANCE OF 50.00 FEET TO A POI FEET' \r\EST OF AND PARAUa. WITH THIl!AST UNE OF POINT ElNa ON :THI! NtC OF.A NON-TANGeNT CURVE CO RADIAL UNE OF SAID CURVE THROUGH SAm POINT MAVIN A BEARING OF Sli'15"1CTe; THENCE NORTHERLY ALONG SAID PARALLEL He. ALONG THE! ARC OF SAID CURVe TO THE LEFT. HA\llNG A CENTRAL. u: OF W10'4S" AND A RADIUS qF 131.1.QO FEET FOR AN /4I.C DISTANCE 50.02 FEET TO nie PCUNT OF BEGINNING; SAID LAND SI'TlJATE vvmtlN THE CITY OF IOYNTON H, PAlM BEACH 'COUNTV. P\O~ CONTAI~ING 2,500 SQUARe FEET. MORE OR LESS. ; 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@ci.boynton-beach.f1.us www.boynton-beach.org May 15, 2009 Mantaj Hans Contract Attorney American Tower Corporation 10 Presidential Way Woburn, MA 01801 Re: Resolution # R09-068 First Amendment to Ground Lease Agreement Dear Ms. Hans: Attached for your information and file is the fully executed agreement mentioned above and a copy of the Resolution. Since the agreement has been fully executed, I have retained one (1) original for our files. If you have any questions, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH ~Yn.~ t M. Prainito, CMC City Clerk Attachments CC: Central File tis s: \ cc \ WP \ AFTER COMMISSION\ Other Transmittal Letters After Commission \2009 \R09-068 First Amendment to Ground Lease Agreement American Tower Corp,doc America's Gateway to the Gulfstream