R95-164RESOLUTION NO. R95-/~/¢/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A NOTICE OF
TERMINATION OF LEASE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND BELLSOUTH
MOBILITY, INC.; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach entered into a Lease Agreement with
Bellsouth Mobility, Inc., on September, 1991, which granted Bellsouth Mobility, Inc.,
the right to construct, operate and maintain a communications facility on the City's
Water Tank for an initial term of five years; and
WHEREAS, the City of Boynton Beach and Bellsouth Mobility, Inc., have
mutually agreed that the relocation of Bellsouth's facility and leased property as
provided in the water Tank Lease was not in the best interests of either party; and
WHEREAS, the parties have heretofore entered into a new and separate
Lease Agreement dated February 1, 1995, and recorded August 14, 1995 in OR
Book 8874, page 1260 of the Public Records of Palm Beach County for a parcel of
City owned property which is separate and distinct from the original Water Tank
Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
~ The Mayor and City Clerk are hereby directed to execute the
Termination of Lease and Release of Interest in Real Property for the Lease dated
September 26, 1991 between the City of Boynton Beach and BellSouth Mobility,
Inc., a copy of said document being attached hereto as Exhibit "A".
~ This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ,~ day of October, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
M~ .Pro
Com
ATTEST:
(Oorporate Seal)
Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box310
Boynton Beach, Florida 33425-0310
Oty Hall: (407) $7S-6000
FAX: (407) 375-6090
October 16, 1995
ALAN L. GABRIEL, ESQ.
International Bldg., Penthouse East
2455 East Sunrise Blvd.
Ft. Lauderdale, FL 33304
RE: Termination of Lease and Release of Interest in Real Property
Dear Mr. Gabriel:
Attached please find the above mentioned document that needs to be completed by
Bellsouth Mobility Inc. When the instrument is completely executed, please return
a copy of same to my attention for our Central Files. Thank you.
If you have any questions regarding this, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
Sue Kruse, CMC/AAE
City Clerk
America's Gaterz~y to the Gulfstream
Return to and Instrument prepared by:
ALAN L. GABRIEL, ESQ.
International Bldg., Penthouse East
2455 East Sunrise Boulevard
Fort Lauderdale, Florida 33304
TERMINATION OF LEASE AND
RELEASE OF INTEREST IN REAL PROPERTY
A Lease Agreement was entered into on September 26, 1991, by
and between the following parties: the CITY OF BOYNTON BEACH, a
municipal corporation of the State of Florida, as Lessor, and
BELLSOUTH MOBILITY INC, a Georgia corporation, as Tenant for
certain real property located in the City of Boynton Beach, Palm
Beach County, State of Florida, upon which the City had constructed
a water tank (hereinafter referred to as "Water Tank Lease") and
which property is more particularly described in the attached
Exhibit "A" hereby incorporated herein and hereinafter referred to
as "Leased Property";
WHEREAS, said Water Tank Lease was recorded on January 15,
1992 in Official Records Book 7088, Page 1801, of the Public
Records of Palm Beach County, Florida; and
WHEREAS, pursuant to said Water Tank Lease, Tenant was granted
the right to lease said Leased Property for the purpose of
constructing, op. erating and maintaining a communications facility
for an initial term of five years commencing September 26, 1991
through September 30, 1996. Paragraph 6 of said Lease Agreement
further provided for 'the anticipated relocation of Tenant's
communication facilityand leased property to an area approximately
1,000 feet south of the existing Leased ProPerty; and
WHEREAS, Lessor and Tenant have mutually agreed that the
relocation of Tenant's communication facility and leased property
as provided in the Water Tank Lease was not in the best interest of
the parties, and that in lieu thereof a new location and lease
would be entered into between the parties; and
WHEREAS, Lessor and Tenant have entered into a new and
separate Lease Agreement dated February 1, 1995, and recorded
August 14, 1995 in O.R. Book 8874, Page 1260, of the Public Records
of Palm Beach County (hereinafter referred to as Substitute Lease),
for a parcel of City owned property which is separate and distinct
from the Leased Property leased to Tenant in the above described
Water Tank Lease Agreement.
NOW THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto do hereby agree as
follows:
1. The foregoing recitations are true and correct and are
hereby incorporated herein by reference.
2. Tenant hereby acknowledges that, pursuant to Paragraph 6,
c) of the Substitute Lease, Tenant has dismantled its
communications facility at the City's water tank location described
in Exhibit "A" and relocated its equipment shelter and antennas
onto the replacement structure located on the Substitute Lease
property and that Lessor may, upon execution of this Termination of
the Water Tank Lease, remove and dismantle its existing water tank.
3. Lessor and Tenant do hereby mutually agree to and give
formal notice from one to the other of the termination of that
certain Lease Agreement dated September 26, 1991, and recorded
January 15, 1992, in O.R. Book 7088, Page 1801, of the Public
Records of Palm Beach County, for the Water Tank property, and the
parties do hereby declare said Lease Agreement described above as
terminated effective September 30, 1995, and thereafter said Lease
shall be of no further effect. Upon the effective date of
Termination of said Lease the parties thereto shall have no further
obligation to one another, including the payment of monies, and
Tenant does thereby release, relinquish and surrender all rights,
privileges and interest in the property described in the attached
Exhibit "A"
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals.
Signed in the p~esence of:
Witness
Print Name: ~/~Y/~/ ~~
CITY OF BOYNTON BEACH
Print' N~e:
Title: ~~ ~ //
Dated:
~. ness
~rint Name:
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425-0310
APPROVED AS TO FORM:
~ITY ATTORNEY
ATTEST:~__zz~_~n,.~~,~
'~IT~ CLERK
STATE OF FLORIDA :
COUNTY OF PALM BEACH:
The foregoing instrument was acknowledged before me this 6th
day of October , 1995, by Gerald Taylor
as Mayor of the CITY OF BOYNTON BEACH,
a municipal corporation, who executed the foregoing instrument and
acknowledged before me that he executed the same' for the purposes
therein expressed, and who is personally known to me ~xxm{~xx~=~
_~ as identification and who ~
(did not) take an oath.
My Commission expires:
~int Name: Janet M. Prainito
Signed in the presence of:
Witness
Print Name:
Witness
Print Name:
BELLSOUTH MOBILITY INC
By:
Print Name:
Title:
Dated:
5201 Congress Avenue
Boca Raton, FL 33487
STATE OF FLORIDA :
COUNTY OF PALM BEACH:
The foregoing instrument was acknowledged before me this
day of , 1995, by
as of BELLSOUTH MOBILITY INC, a
Georgia corporation, who is personally known to me or who has
produced as identification and who did
(did not) take an oath.
My Commission expires:
NOTARY PUBLIC
Print Name:
5563 leal. rel
MORGAIV EKL. UIVD
I~OA~y · MC~GA~ · ~TI~ · CCM~i~:! I~lC~
EXHIBIT
EQUZ PNENT ROON
LEGAL DESCRIP?ION LEASE SITE
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