R10-025
I
1
2 RESOLUTION NO. R10-025
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
6 THE CITY MANAGER TO EXECUTE A LEASE
7 AGREEMENT WITH CLEAR WIRELESS, LLC., TO
8 ALLOW FOR GROUND EQUIPMENT AND CO-
9 LOCATION ON THE EXISTING
10 TELECOMMUNICATIONS TOWER AT HESTER PARK
11 LOCATED AT 1901 NORTH SEACREST BOULEVARD;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, the property has been leased from the City by Sprint Spectrum since
15 June, 2001 for a telecommunications tower at Hester Park (Resolution ROI-200); and
16 WHEREAS, the original Lease Agreement for the site requires that each additional
17 tenant with ground equipment have a separate lease agreement with the City for their own
18 ground space; and
19 WHEREAS, Clear Wireless is proposing to co-locate antennas at 136 feet high on the
20 150 foot monopole tower and to co-locate ground equipment within the existing fenced tower
21 lease area and comply with setbacks; and
22 WHEREAS, collocation IS encouraged to prevent the proliferation of
23 telecommunications towers in the City of Boynton Beach; and
WHEREAS, staff has reviewed the request for collocation and recommends that the
City consent to the request.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
E :\Data\B2\ltems\ 77\ 1 037\535\Reso _ -_Clear_Wireless _lease_Agreement -_telecommunications doc
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1 hereof.
2 Section 2. The City Commission of the City of Boynton Beach, Florida does
3 hereby authorize the City Manager to execute the Lease Agreement between the City of
4 Boynton Beach and Clear Wireless, LLC., to allow for ground equipment and co-location on
5 the existing telecommunications tower at Hester Park located at 1901 North Seacrest
6 Boulevard, Boynton Beach, a copy of said Lease Agreement is attached hereto as Exhibit "A".
7 Section 3. This Resolution shall take effect immediately upon passage.
8
9 PASSED AND ADOPTED this I~ ...,.hday of February, 2010.
10
11 CITY OF BOYNTON BEACH, FLORIDA
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27 ATTEST:
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35 (Corporate Seal)
E :\Data\82\ltems\ 77\ 1 037\535\Reso _ -_Clear_Wireless _lease _ Agreement- _telecommunications. doc
.,. ^ \0- O:{ ~
. SITE NAME. Boynton Beach Hester Center Cn'\\ n K7R1Y8
SITE NO FI -\lIA6004
GROUND SITE LEASE AGREEMENT
THIS GROUND SITE LEASE AGREEMENT ("Agreement") dated and is effective as of
k~~, 2010, is between Clear Wireless LLC, a Nevada limited liability company ("Clearwire" or
"Tenant"), a d The City of Boynton Beach ("Owner" or "Landlord").
For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises. Landlord owns a parcel of land ("Land or Property") located in the City of
Boynton Beach, County of Palm Beach, State of Florida, commonly known as 1901 Seacrest Blvd., Boynton Beach,
FL 33435 (APN: 08-43-45-16-01-013-0010). The Land is more particularly described in Exhibit A annexed hereto.
Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to
Clearwire and Clearwire leases from Owner approximately Forty-Nine Square Feet (49 s.f.) square feet of space on
the Land and all other access and utility easements necessary or desirable therefore (collectively, "Premises") as
may be described generally in Exhibit B annexed hereto.
2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full
execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term
Commencement Date as defined in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be permitted
to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections,
and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental
tests (collectively, "Investigations and Tests") that Clearwire may deem necessary or desirable to determine the
physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due
Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no
reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to
terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period
and prior to the Term Commencement Date. Owner and Clearwire expressly acknowledge and agree that
Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of
performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any
portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly
provided in this Paragraph 2), prior to the Term Commencement Date. Clearwire shall repair and restore the
Premises and any other City property which was damaged as a result of Clearwire's due diligence activities and
restore same to its original condition. Clearwire shall indemnifY the City for any liability incurred due to
Clearwire's due diligence activities.
3. Use. The Premises may be used by Tenant for any lawful activity in connection with the
provisions of wireless communications services, including without limitation, the transmission and the reception of
radio communication signals and the construction, maintenance and operation of related communications facilities.
Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all
licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the
Premises. Tenant shall comply with any and all laws, ordinances, rules and regulations.
4. Term. The term of this Agreement shall commence upon the date Tenant begins construction of
the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the Effective Date,
whichever first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term
Commencement Date ("Term") unless otherwise terminated as provided herein. Notwithstanding the foregoing, the
Term of this Agreement shall be coterminous with the Sprint Spectrum, L.P. Lease Agreement. Tenant shall have
the right to extend the Term for five (5) successive five (5) year periods ("Renewal Terms") on the same terms and
conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term
unless Tenant notifies Landlord of its intention not to renew at least thirty (30) days prior to commencement of the
succeeding Renewal Term.
5. Rent. Within fifteen (15) business days following the Term Commencement Date and on the
first day of each month thereafter, Tenant shall pay to Landlord as rent THREE HUNDRED and 00/100 Dollars
($300.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal
Clearwire Execution Copy 1-28-201 (I - 1- \',5-22-06
. SITE NAME. Boynton Beach Hester Center Crown 8782Y8
SITE NO.. FL.MIA6UM
Term shall be prorated. Rent shall be payable to Landlord at PO Box 310, Boynton Beach, FL 33425-0310
Attention: City Manager. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon
Tenant's receipt of an accurate and executed W-9 Form from Landlord.
6. Improvements.
6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and
operate on the Premises radio communications facilities, including but not limited to a tower or pole and foundation,
utility lines, transmission lines, an air conditioned equipment shelter(sl and/or an air conditioned equipment room,
electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power
generator and generator pad, and supporting equipment and structures therefore ("Tenant Facilities"). In
connection therewith, Tenant has the right to do all work necessary to prepare, add, maintain and alter the Premises
for Tenant's communications operations and to install utility lines and transmission lines connecting antennas to
transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole
cost and expense and in a good and workmanlike manner, after obtaining any and all permits, licenses or other
required approvals for construction work in the Premises, Tenant may not allow any liens to be placed on the
Premises. Title to the Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant
or its lenders or assigns and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense
on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the
Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall
remove the Tenant Facilities from the Property. Tenant shall not be obligated to remove any foundation more than
one (I) foot below grade level.
6.2 Repair and Maintenance. Landlord shall have no maintenance obligation concerning the
Premises and no obligation to make any repairs or replacements, in, on or to the Premises. Tenant assumes the full
and sole responsibility for the condition, operation, repair, replacement, and maintenance of the Premises, including
all improvements, throughout the term of this Agreement. Tenant will maintain the Premises and all improvements
in good repair an in a clean condition. Tenant will not commit or allow to be committed any waste on any portion of
the Premises.
7. Access and Utilities.
7.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors
and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Tenant.
Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-exclusive right and easement for
pedestrian and vehicular ingress and egress across the Property, and such right and easement may be described
generally in Exhibit B.
7.2 Landlord shall maintain all access roadways from the nearest public roadway to the
Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except
for any damage caused by Tenant's use of such roadways.
7.3 Tenant shall be solely responsible for any and all utility connections and utilities.
8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal
Communications Commission ("FCC") requirements including those prohibiting interference to communications
facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any
such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities,
Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to
the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to
cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to
eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a
material breach of this Agreement.
Cleannre Execution Copy }.28-20]O - 2- \'.5-22-06
. SITE NAME. Boynton Beach Hester Center Cro\\TI 87829H
SITE NO.. FL.MIM064
9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities as well as
all real property taxes and all other taxes, fees and assessments attributable to the Premises as a result of this
Agreement.
10. Termination.
10.1 This Agreement may be terminated without further liability on thirty (30) days prior
written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which
default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not
be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party
has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion;
provided that the grace period for any monetary default is ten (10) days from receipt of written notice. (ii) This
Agreement may be terminated by Tenant without further liability for any reason or for no reason, provided Tenant
delivers written notice of termination to Landlord prior to the Term Commencement Date.
10.2 This Agreement may also be terminated by Tenant without further liability on one (1) year prior written
notice (i) if Tenant is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval
from any governmental authority, thus, restricting Tenant from installing, removing, replacing, maintaining or
operating the Tenant Facilities or using the Premises in the manner intended by Tenant; or (ii) if Tenant determines
that the Premises are not appropriate for its operations for environmental or technological reasons, including
without limitation, signal strength, coverage or interference, or (iii) or Tenant otherwise determines, within its sole
discretion, that it will be unable to use the Premises for Tenant's intended purpose.
11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed,
condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of
the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more
than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to
the actual reduction or abatement of use of the Premises.
12. Insurance: Subrogation: and Indemnity.
12.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of
One Million and No/100 Dollars ($1,000,000.00), and shall name the Landlord as an additional insured on such
policy or policies. Tenant may satisfY this requirement by obtaining the appropriate endorsement to any master
policy of liability insurance Tenant may maintain.
12.2 Except to the extent that such Losses are due to the willful misconduct or negligence of
the Landlord, Tenant shall indemnifY, defend and hold Landlord harmless from and against all claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses)
(collectively "Losses") arising from the Tenant's breach of any term or condition of this Agreement or from the
negligence or willful misconduct of Tenant or its agents, employees or contractors in or about the Property. The
duties described in this Paragraph 12.2 shall apply as of the Effective Date of this Agreement and survive the
termination of this Agreement.
13. Assignment. Tenant may assign this Agreement only after obtaining Landlord's approval,
which approval shall not be unreasonably withheld or delayed..
14. Title and Quiet Enjovment.
14.1 Landlord represents and warrants that (i) it has full right, power, and authority to execute
this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that
Tenant is not in default hereunder after notice and expiration of all cure periods, and (iii) the Property and access
rights are free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date.
Clearwire Execution Copy i.28-20)O - 3- \'.5-22-06
SITE NAME. Boynton Beach Hester Center Crown 878298
SITE NO.. FL-MIA6064
14.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy
from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title
or any liens or encumbrances which may adversely affect Tenant's use of the Premises, Tenant shall have the right
to terminate this Agreement immediately upon written notice to Landlord.
15. Environmental. As of the Effective Date of this Agreement: (1) Tenant hereby represents and
warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and
warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or
affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
behalf of Landlord from any governmental entity or any person or entity claiming any violation of any applicable
environmental law or regulation in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any
third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the
Property in violation of any applicable law or regulation. Without limiting Paragraph 12.2, Tenant shall indemnifY,
defend and hold Landlord harmless from and against all Losses (specifically including, without limitation,
attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of any
representation or warranty made in this Paragraph 15; and/or (ii) environmental conditions or noncompliance with
any applicable law or regulation that result from operations in or about the Property by Tenant or Tenant's agents,
employees or contractors. The provisions of this Paragraph 15 shall apply as of the Effective Date of this
Agreement and survive termination of this Agreement. "Hazardous Material" means any solid, gaseous or liquid
wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as
such terms are defined in any applicable environmental law or regulation, and shall include, without limitation, any
petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form,
polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property
or the environment or which has been or is in the future determined by any governmental entity to be prohibited,
limited or regulated by any applicable environmental law or regulation.
16. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory
or otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for the
purposes of this Agreement, whether or not the same is deemed real or personal property under applicable laws, and
Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether
before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without
Landlord's consent.
17. Notices. All notices, requests, demands and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for
next-business-day delivery by a nationally recognized overnight carrier to the following addresses:
If to Tenant, to: With a copy to: If to Landlord, to:
Clear Wireless LLC Clear Wireless LLC City Manager
Attn: Site Leasing Attention: Legal Department City of Boynton Beach
4400 Carillon Point 4400 Carillon Point PO Box 310
Kirkland, W A 98033 Kirkland, W A 98033 Boynton Beach, FL 33425
Telephone: 425-216-7600 Telephone: 425-216-7600 Phone: 561-742-6010
Fax: 425-216-7900 Fax: 425-216-7900 Fax: 561-742-6011
Email: Siteleasin clearwire.com With Co To:Ci
Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other
party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
18. Miscellaneous.
18.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notifY Tenant
in advance in writing of the payee's name and address.
18.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled to
its reasonable attorney's fees and court costs, including appeals, if any.
Clearv.ire Execution Copy 1-2R-2010 - 4- \',5-22-06
,
SITE NAME. Boynton Beach Hester Center Cro"n 878298
SITE NO. FL.MIA6064
18.3 If any provision of the Agreement is invalid or unenforceable with respect to any party,
the remainder of this Agreement or the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
18.4 Terms and conditions of this Agreement which by their sense and context survive the
termination, cancellation or expiration ofthis Agreement will so survive.
18.5 This Agreement shall be governed under law of the State in which the Premises are
located, and be binding on and inure to the benefit of the successors and permitted assignees of the respective
parties.
18.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded
by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the duration of
any Renewal Terms, and/or other reasonable terms consistent with this Agreement.
18.7 All Exhibits referred herein are incorporated herein for all purposes.
18.8 This Agreement constitutes the entire Agreement between the parties, and supersedes all
understandings, offers, negotiations and other leases concerning the subject matter contained herein. There are no
representations or understandings of any kind not set forth herein. Any amendments, modifications or waivers of
any of the terms and conditions of this Agreement must be in writing and executed by both parties.
19. Governing Law. Jurisdiction and Venue. The Agreement has been executed and
delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the
State of Florida. Tenant represents and agrees that it is familiar with all laws, ordinances and regulations. The
Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or
otherwise by the laws ofthe state of Florida. Venue for any action arising from or related to the Agreement shall be
brought in a court of competent jurisdiction in Palm Beach County, Florida.
20. Sovereign Immunity. Landlord is a political subdivision of the State of Florida and
enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive
or modifY the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be
amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in
the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure Landlord
ofthe limitation from liability provided to the State's subdivisions by state law.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Clearwire Execution Copy 1-28-2010 - 5- v.5-22-06
, SITE NAME: Boynton Beach Hester Center Cro,m 878298
SITE NO.. FL-MIA6064
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date first above
written.
LANDLORD: TENANT:
The City of Boynton Beach Clear Wireless LLC,
By: -~ a Nevada C;;;;b;~:~panY
By: C1 '" ~
Name: Name: ! 1 ,1 '. ~<; ."~
KURT OR[SSNCR !:;>\ I , ,~.' . '~! '~_. f ; ~' :\! r '., '-,
Title: CITY MANAGER Title:
BOYNTON BEACH, FL ;J jf 9 /10
Date: Date:
,
Tax I.D.:
WITNESSES: WITNESSES:
?~~~~ /'/;tukl
Signature
Signature
-ro..N\:r .s.\-~"1.-\O"" ~ Michael A. Brenner
Printed Name
Printed N a
06(Lkl1~
Signature /
J....eitt, kr A~f\1dFF
Printed Name
Clearwire ExecutIOn Copy 1-28.2010 - 6- \".5-22-06
, SITE NAME. Bo~nton Beach Hester Center Cro\\n 8782Y8
SITE NO FL-MIA6064
[Notary block for Landlord]
STATE OF rLondQ )
COUNTY OF \)ClI \'Yl b~ OQ h ) ss.
)
~OTARY PUBLIC-STATE OF FLORIDA
""""""" Catherine Cherry-Guberman
!~ ~Commission #DD792144
":."""",..l Expires: MAY 27, 2012
BO:ilJED THRU ATLA:'lTIC BONDL'IG CO., INC.
(Use this space for notary stamp/seal)
[Notary blockfor Tenant]
STATEOF)Gt~A
COUNTY OF F[1L TO N ) ss.
)
I certifY that I know or have satisfactory evidence that LJr:;a 70rr ~Sis the person who appeared before
me, and said person acknowledged that he signed t is instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of Clear Wireless LLC, a Nevada limited liability company,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
~\\\"III"'1I111
~",\\ p.. \ A It IIII~ Notary Pub!"
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~~ ...~\SS/O...;....~ ~ Print Name
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(Use this space for notary stamp/seal)
Clearwire Execution Copy }-28-2010 - 7- \',5-22-06
SITE NAME. Boynton Beach Hester Center Crown 878298
SITE NO FL-MIA6064
EXHffiIT A
DESCRIPTION OF LAND
to the Agreement dated ,2010, by and between The City of Boynton Beach, as
Landlord, and Clear Wireless LLC, a Nevada limited liability company, as Tenant.
The Land is described and/or depicted as follows (metes and bounds description):
APN: 08-43-45-16-01-013-0010
A WRITTEN DESCRIPTION OF THE LAND IS PRESENTED HERE
ROLLING GREEN RIDGE 1 ST ADD TR A (LESS NL Y 158.64 FT OF EL Y 140 FT, SLY 161.83 FT OF EL Y 170
FT OF WLY 182.13 FT
Clearo."1re ExecutlOn Copy }.28.2U10 - 8- \5.22-06
SITE NAME Boynton Beach Hester Center Crown H7R2\}8
SITE NO FL.MIA6064
EXHIBIT B
DESCRIPTION OF PREMISES
to the Agreement dated , 2010, by and between The City of Boynton
Beach, as Landlord, and Clear Wireless LLC, a Nevada limited liability company, as Tenant.
The Premises are described and/or depicted as follows:
A DRAWING OF THE PREMISES IS PRESENTED HERE
--
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---~!
..~
jProposeej T-O"xT-O" CIN I
IGround Lease One Ft Off
fence Typical _..___-----.1
Notes:
1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it.
2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental
authorities.
3. The access road's width will be the width required by the applicable governmental authorities, including
police and fire departments.
4. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only.
The actual types, numbers, mounting positions and locations may vary from what is shown above.
5. The locations of any utility easements are illustrative only. The actual locations will be determined by the
servicing utility company in compliance with all local laws and regulations.
Clearwire Execution Copy 1-28-2010 - 9- \' 5-22.06
. SITE NAME. Boynton Beach Hester Center Crown S78298
SITE NO FL-MIA6064
EXHIBIT C
COMMUNICATIONS FACILITY
to the Agreement dated , 2010, by and between City of Boynton Beach,
as Landlord, and Clear Wireless LLC, a Nevada limited liability company, as Tenant.
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
4400 Carillon Point
Kirkland, W A 98033
Attn: Site Leasing
MEMORANDUM OF AGREEMENT
APN: 08-43-45-16-01-013-0010
This MEMORANDUM OF AGREEMENT is entered into on , 2010, by City of Boynton
Beach, with an address at 100 E. Boynton Beach Blvd, Boynton Beach, FL, 33425 (hereinafter referred to as
"Owner" or "Landlord") and Clear Wireless LLC, a Nevada limited liability company, with an address at 4400
Carillon Point, Suite 300, Kirkland, W A 98033 (hereinafter referred to as "Clearwire" or "Tenant").
l. Owner and Clearwire entered into a Communication Tower Agreement
("Agreement") dated as of ,2010, effective upon full execution of the parties ("Effective Date")
for the purpose of Clearwire undertaking certain Investigations and Tests and, upon finding the Property
appropriate, for the purpose of installing, operating and maintaining a communications facility and other
improvements. All ofthe foregoing is set forth in the Agreement.
2. The term of Clearwire's tenancy under the Agreement is for five (5) years
commencing on the date Tenant begins construction of the Tenant Facilities or eighteen (18) months following the
Effective Date, whichever first occurs ("Term Commencement Date"), and terminating on the fifth anniversary of
the Term Commencement Date with five (5) successive five (5) year options to renew.
3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The
portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises") are set
forth in the Agreement.
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first
written above.
LANDLORD: TENANT:
City if Boynton Beach Clear Wireless, LLC,
a Nevada limited liability company
By: EXHmIT ONLY - DO NOT EXECUTE By: EXHmIT ONLY - DO NOT EXECUTE
Name: Name:
Title: Title:
Date: Date:
Clearwire Execution Copy 1-28-2010 - 10- \ .5-22.06
- SITE NAME' Boynton Beach Hester Center Crown 878298
SITE NO.. FL-MIA6064
{Notary block for Landlord}
STATE OF )
) ss.
COUNTY OF )
I certifY that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she
was authorized to execute the instrument and acknowledged it as the of
, a , to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
[Notary block for Tenant}
STATE OF )
) ss.
COUNTY OF )
I certifY that I know or have satisfactory evidence that is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the of Clear Wireless LLC, a Nevada limited liability company,
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notary stamp/seal)
H:\201O\ 1 00018\Clearwire MIA6064 - Boynton - Hester Center - Ground_Lease (2).DOC
(Ieaf\\'ire Execution Copy 1-28-2010 - 11- ".5-22-06
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@bbfl.us
www.boynton-beach.org
February 23, 2010
Mr. Brian Plewinski
Site Acquisition Specialist
Civil Solutions Incorporated
4101 Ravenswood Road #201
Fort Lauderdale, FL 33312
Re: Resolution Rl0-025 Ground Site Lease A9reement
Dear Mr. Plewinski
Attached for your information and use are two (2) executed documents for the agreement
mentioned above. Since the documents have been fully executed, I have retained one (1) original
for our Central File.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~1:-
udith A. Pyle C
Deputy City Clerk
Attachments (2)
(Agreements)
Cc: Kathleen Zeitler
Central Files
S:\CC\WP\AFrER COMMISSJON\Other Transmittal Letters After Commission\2010\RlO-025 Clear Wireless L1cGround Site Lease.doc
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