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R00-025RESOLUTION NO. R00-~ a RESOLUTION Of THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) AND A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NEXTEL SOUTH CORP.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, recommendation of staff, hereby authorizes and directs the Mayor and City Clerk to enter into a Communications Site Lease Agreement and a Memorandum of reement between the City of Boynton Beach and Nextel South Corp.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorize and direct the Mayor and City Clerk to execute a Communications Site Lease Agreement and a Memorandum of Agreement between the City of Boynton Beach and Nextel South Corp., said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~' day of March, 2000. co sio ¢ Gommissionor Market.: South Flor/da Site No.: FL 2513A Site Name: High Point PREPARED BY: Paula Hickman, Esq. Nextel South Corp. 2201 Lucien Way, Suite 200 Maitland, FL 32751 RETURN TO: Alan Gabriel, Esq. 2455 E. Sunrise Blvd., Ph-E Ft Lauderdale, FL 33304 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this ~ day of ,2000, by and between City of Boynton Beach, a Florida municipal corporation, with an address at 100 E. Boynton Beach Boulevard, P.O. Box 310, FL 33425 (hereinaiter referred to a~ "Lessor") and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Lessee"). Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the __ day of 2000, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. The term of the Agreement is for five (5) years commencing on ., 2000 ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with four (4) successive five (5) year options to renew. The Land which is the subject of the Agreement is in Palm Beach County, Florida, described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. Signed, sealed and delivered in the presenc.e of.' Ptint Namd:/YI g/~tJ~/t~-A//V~-- Witness - l~t9 .. t ~t--~ .... ' PrintName: ~-~?'1' ¥ /,... -~ Ap~pmv~d~A, To F~jn:.~ City Attorney's Office LESSOR: City of Boynton Beach, Title: Mayor Executed on the ,~ day of ,ff~,~,~e/, ,2000 STATE OF Florida OF The foregoing instrument was ackr~owledged before me this 8 day of ,~4~ttr ,2000, by Gerald Broening, as Mayor of City of Boynton Beach, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Nota~ Public M ~ '~'n ~. blic, State of Florida }' ~ '~or~a* My Commission Exp. 01/02F2001;~ ~ .-SOo-a-~OX~V- n.. ~o~ s~,,i~ · ~co. ~,,.,.~.,.~.,~,.'~,..~.~.~.,.~.,~.;.~~ CONTINUED ON FOLLOWING PAGE) ~'~lh Florida Site No.: FL2513A Site Name: High Point Signed, sealed and delivered in the presence off Approved As To F.otm: City Attorney's Office LESSOR: CITY OF BOY'NTON BEACH, aF'oridam , ipa' c. _ By: Print Name: Gerald Broening Title: Mayor Executed on ~ day of ,,~,~,~'d/ ,2000 Federal Tax ID#: 5%6000282 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this ~ day of .~/.~,~'~'~.tr ,2000, by Gerald Broening, as Mayor of City of Boynton Beach, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take ~n oath. · WITNESS my hand and official seal. Signed, sealed and delivered in the presence of: LESSEE: Nexte{ South Corp., a Georgia corporation d/b/a Nextel Communications By: Witness Print Name: Print Name: John Cafaro Title: Vice President Witness Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by John Cafaro, as Vice President of Nextel South Corp., a Georgia corporation, d/b/a Nextei Communications who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission expires: Res, ised S/50/99 4 Market • South Florida 00—cal5 Site No.. FL 2513A Site Name High Point COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) This Communications Site Lease Agreement (Ground) ( "Agreement ") is entered into this I W day of 11ke r,41 , 2000, between City of Boynton Bcach, a Florida municipal corporation with an office at 100 East Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, FL 33425( "Lessor "), and Nextel South Corp. a Georgia corporation, d /b /a Nextel Communications with an address of 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 ( "Lessee "). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the "Land ") and BellSouth Mobility, Inc , has erected a monopole (the "Tower ") on the Land located in the City of Boynton Beach, County of Palm Beach, State of Florida commonly known as Little League Field, 300 Woolbright Road (the Tower and Land are collectively the "Property "). The Land is more particularly described in Exhibit A annexed hereto Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately five hundred fifty eight (558) square feet of the Land and all access and utility easements, if any, (the "Premises ") as described in Exhibit B annexed hereto. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services ( "Permitted Use ") Lessor acknowledges that Lessee must also enter into a separate agreement with a third party for the use of the Tower in order to install Lessee's antennas in connection with the Permitted Use. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below). 4. Term. The term of this Agreement shall be five (5) years commencing upon construction of Lessee Facilities or One Hundred Eighty (180) days from full execution of this Agreement, whichever first occurs ( "Commencement Date ") and terminating on the fifth anniversary of the Commencement Date (the "Term ") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for four (4) successive five (5) year periods (the "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew six (6) months prior to commencement of the succeeding Renewal Term Lessor may elect not to renew this Agreement for the fourth or fifth Renewal Term by providing Lessee written notice of such election no less than six (6) months prior to the commencement of such Renewal Term Notwithstanding the foregoing, in no event shall the Term or Renewal Term(s) of this Agreement exceed the term of the lease agreement between the City of Boynton Beach and BellSouth Mobility, Inc., dated February 1,1995, attached hereto as Exhibit D 5. Rent. (a) Within thirty (30) days of the Commencement Date and on the first day of each year thereafter, Lessee shall pay to Lessor as rent Ten Thousand and 00 /100 DOLLARS ($10,000.00) per year ( "Rent "), plus applicable sales tax. Rent for any fractional year at the beginning or at the end of the Term or Renewal Term shall be prorated, Rent shall be payable to Lessor at City of Boynton Beach, 100 E Boynton Beach Boulevard, FL 33425, Attention. Finance Director (b) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to five {percent (5 %) of the Rent for the previous year, exclusive of taxes (c) As additional consideration, Lessee shall pay Lessor a one time signing bonus in the amount of Seven Thousand and 00 /100 DOLLARS ($7,000 00) within thirty (30) days of the Commencement Date (d) As additional consideration, Lessee shall design and construct a materials storage facility ( "Storage Facility ") adjacent to the Premises as generally shown on Exhibit B. Upon completion of construction and inspection and approval of the Storage Facility by Lessor, title to the Storage Facility shall be turned over to Lessor Thereafter, Lessor shall be solely responsible for all maintenance, operation, repair and any other costs associated with the Storage Facility. 6. Facilities; Utilities; Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including without limitation utility lines, transmission lines, air conditioned equipment shelter(s) and foundation, electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ( "Lessee Facilities ") In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Lessee shall not be required to remove any foundation more than one (1) foot below grade level (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use) Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities, at Lessee's sole cost and expense, will be at a location acceptable to Lessor and the servicing utility company. (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty -four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non - exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor 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 Lessor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Lessee's use of such roadways 7. interference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Land, provided that their installations predate that of the Lessee Facilities. If at any time the Lessee Facilities causes interference to facilities of the Lessor or other lessees or licensees of the Land, which facilities were installed prior to the installation of the Lessee Facilities, and such interference cannot be eliminated within thirty (30) days of notice from Lessor of such interference, Lessor may require that Lessee cease 1 Remed 8/30/99 • Market.: South Florida Site No.: FL 2513A Site Name High Point operations of the Lessee Facilities until such interference can be corrected or eliminated, at which time, Lessee may resume operations of the Lessee Facilities. Lessor may permit Lessee to test its Lessee Facilities periodically in order to correct such interference. All operations by Lessee shall be in compliance with all Federal Communications Commission ( "FCC ") requirements. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Property or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. in the event interference occurs, Lessor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable time period. If Lessor fails to comply with this Paragraph 7, Lessee may terminate this Agreement, and /or pursue other remedies under this Agreement, at law, and /or at equity. 8. Taxes. if personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the Land. Lessee shall reimburse Lessor for any increase in real estate taxes directly attributable to Lessee Facilities within sixty (60) days of receipt from Lessor documentation, reasonably acceptable to Lessee, from the taxing authority indicating the increase is due to Lessee's improvements 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral ") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings 10. Termination. 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, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty (30) days prior to the Commencement Date, or (Iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies, or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. 11. Casualty, Destruction or Condemnation. (a) if the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee 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 Lessor no more than forty -five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee 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. (b) if any part of the Property or Premises is damaged by fire, act of God, inclement weather, or other casualty (herein "Casualty ") so as to prevent the continued use of the Lessee Facilities for the Permitted Use in a commercially reasonable manner, then Lessee may terminate this Agreement by providing written notice to Lessor within sixty (60) days of such Casualty, which termination shall be effective as of the date of such Casualty Upon such termination, Lessee shall be excused from paying further Rent and shall be entitled to a return of any prepaid Rent made to the Lessor to the extent of the unused, prepaid year, and further, Lessee shall remove Lessee Facilities to accordance with Paragraph 6(a) above and return the Premises to the Lessor in the condition it was prior to this Agreement, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. In the event Lessee does not elect to so terminate this Agreement, then Lessee, at its cost, shall restore the Lessee Facilities to the condition existing prior to such damage, reasonable wear and tear excepted. 12. Insurance Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a coinbined single limit of at least One Million and 00/100 Dollars ($1,000,000 00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor, at Lessor's sole cost and expense, shall procure and maintain on the Land, bodily injury and property damage insurance with a combined single limit of at least One Million and 00 /100 Dollars ($1,000,000.00) per occurrence Such insurance shall insure, on an occurrence basis, against all liability of Lessor, its employees and agents arising out of or in connection with Lessor's use, occupancy and maintenance of the Land. Each party shall provide to the other a certificate of insurance evidencing the coverage required by this Paragraph 12 within thirty (30) days of the Commencement Date 14. Assignment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor, provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in- interest or entity acquiring fifty -one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of the Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 ( "Waiver of Lessor's Lien ") above. This Agreement shall run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 15. Warranty of Title and Quiet Enjoyment. Lessor warrants that (i) Lessor owns the Land in fee simple and has rights of access thereto and the Land is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement, and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold interest 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee Lessee shall be responsible for all costs associated with the operations and maintenance of the Premises and Lessee Facilities Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wcar and tear and loss by casualty or other causes beyond Lessee's control excepted 2 Revised 8/30/99 Market South Flonda Site No . FL 2513A Site Name: Ihgh Point 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims and /or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and /or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation This paragraph shall survive the termination of this Agreement. 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this 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. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below Lessor: City Manager Lessee Nextel South Corp City of Boynton Beach 851 Trafalgar Court, 100 E. Boynton Beach Blvd Suite 300E P.O. Box 310 Maitland, FL 32751 Boynton Beach, Florida 33068 Attn . Property Manager With a copy to City Attorney's Office With a copy to Nextel Communications, inc City of Boynton Beach 2001 Edmund Halley Drive 100 E Boynton Beach Blvd. Reston, VA 20191 -3436 P O. Box 310 Attn : Legal Dept , Contracts Manager Boynton Beach, Florida 33068 Attn City Attorney Lessor or Lessee 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. (e) This Agreement shall be governed by the laws of the State of Florida. (1) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non - disturbance and attomment instrument for each such mortgage or deed of trust (g) Lessee may obtain title insurance on its interest in the Land Lessor shall cooperate by executing documentation required by the title insurance company (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. (j) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. 20. Tower Marking and Lighting Requirements In the event that Lessor gains control of the Tower, Lessor acknowledges that it, and not Lessee shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ( "FAA ") and the FCC To the extent permitted by law, Lessor shall indemnify and hold Lessee harmless from any fines or other liabilities caused by Lessor's failure to comply with such requirements Should Lessee be cited by either the FCC or FAA because the Tower is not in compliance and, should Lessor fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Lessee may terminate this Agreement immediately on notice to Lessor or proceed to cure the conditions of noncompliance at Lessor's expense, which amounts may be deducted from the Rent 21. Governmental Approvals It is understood that is shall be Lessee's sole responsibility to obtain, at Lessee's sole cost and expense, any and all permits, consents and approvals from local, state or federal governmental authorities as required by Lessee to construct and operate the Lessee Facilities (collectively, the "Governmental Approvals ") Lessor agrees to cooperate with Lessee, at no additional cost to the Lessee, and to execute such documents reasonably required to obtain the Governmental Approvals. Lessee acknowledges that this Agreement does not bypass any permits or approvals required by the City of Boynton Beach's Planning and Zoning Division. This Agreement does not constitute an abrogation of the Lessor's governmental land development regulatory power, and the Lessee's performance is contingent upon all such Governmental Approvals being obtained. Should the City of Boynton Beach or another governmental authority agency with jurisdiction not approve any required application for Governmental Approval(s) prerequisite to the installation or operation of the Lessee Facilities, this Agreement shall become automatically null and void so as not be the basis in any respect for a damage claim as a result of such denied Governmental Approval(s) IN WITNESS WIIEREOF, the parties have executed this Agreement as of the date first above written. 3 Res ised 8/30/99 Market.• South Florida Site No : FL 2513A Site Name. High Point LESSOR: Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH, a Florida mu opal core 9en k a l i�C By: Print Name./ / 'I Print Name. Gerald Broening • t Title: Mayor Witness: n ,.y� Print Name: c°- r* L SA G - ( Executed on 8 day of 7!7/9.PG/Y ,2000 Federal Tax ID #: 59- 6000282 Approved F m: City Attorney's Office STATE OF FLORIDA 7 COUNTY OF ,Z...en AgEole..e The foregoing instrument was acknowledged before me this day of .q.49eh/ , 2000, by Gerald Broentng, as Mayor of City of Boynton Beach, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take in oath. WITNESS my hand and official seal. No ry Public Print Name /e11111 / / /NIi r, rrr7lllT4!/llllllllllll111 itY P e oa Suzanne H. Kruse > My commissiirJr S Notary Puhhr „Bi ' of Fonda P Commission No. CC 608148 > ` 'or'AQ My Commission Exp 01/02/2001; 800-3 -NOT kity . rla Notary Servtoe & Bonding Co „\ \\'A))))))))))))) LESSEE: Signed, sealed and delivered in the presence of: Nextel South Corp., a Georgia corporation d/b /a Nextel Communications By: • Witness Print Name /� ?4J `/ �J(j A (2(? /4 Print Name: John- Cefefe SRI CI%1'j) 04641 / t 11 1 . At # a !g f/ Title: V?ee President Witness Print Name: exc. / /)U(, -y) STATE OF 6 el !1 COUNTY OF G Lf r i n ( P 1+ R t GNU) or t The foregoing instrument was acknowledged before me this 1 day of ma , 2000, by Do as Voice President of Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and offi ial s•. I. 1i!� - _�i�. v ii. r•, Pb • miaow AS 1111 Print Name 0111111111////////�/ DODO My commission expires: - Q��tb5104r JAN Z 31 : � 2004 / p / 1111110 4 Revised S/30/99 Market.: South Florida Site No.: FL 25I3A Site Name: High Point EXHIBIT A DESCRIPTION OF LAND to the Agreement dated OVA 2000, by and between City of Boynton Beach, a Florida municipal corporation, as Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee. The Land is described and /or depicted as follows (metes and bounds description). A portion oldie parcel identified as Tax Assessor's Folio # 08- 43- 45- 33 -14- 000 - 0051/0052/0053, situated in the State of Florida, County of Palm Beach, City of Boynton Beach and described as follows: NEXTEL LEASE SITE LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF LOT 5, SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY. FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND 'BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A BRASS DISK IN CONCRETE AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 89 °19'58" WEST, ALONG THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 1285.15 FEET, TO THE POINT ON INTERSECTION OF THE NORTH LINE OF SAID LOT 5 AND A NORTHERLY EXTENSION OF THE EASTERLY RIGHT -OF -WAY LINE OF S.W. 3rd STREET; THENCE SOUTI-101 °51'57" EAST, ALONG SAID EASTERLY RIGI•I I -OF -WAY LINE OF S.W. 3rd STREET AND ITS NORTHERLY EXTENSION, A DISTANCE OF 297 .20 FEET; THENCE NORTH 08 °00'03" EAST, DEPARTING SAID EAS1 ERLY RIGHT -OF -WAY LINE, A DISTANCE OF 25.10 FEET, TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED NEXTEL LEASE SITE: THENCE NORTH 88 °08'03" EAST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 01°51'57" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 88 °08'03" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH 01 °51'57" WEST, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING CONTAINING 450 SQUAIZE FEET OR 0 0 103 ACRES, MORE OR LESS. ACCESS EASEMENT LEGAL DESCRIPTION: A STRIP OF LAND FOR ACCESS EASEMENT PURPOSES, BEING A PORTION OF LOT 5. SECTION 33, TOWNSHIP 45 SOUTI -I, RANGE 43 EAST, BOYNTON BEACH. PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1. PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE POINT OF BEGINNING OF TI-IE ABOVE DESCRIBED NEXTEL LEASE 511E: THENCE SOUTH 0 I '51'57" EAST, ALONG THE WEST LINE OF SAID ••NEXTEL LEASE SIDE AND ITS SOUrI -IERLY EXTENSION, A DISTANCE OF 51.33 • FEET; TI IENCE sOUTI 188°0(1'03" WES T. A DISTANCE OF 25.10 FEET, TOA POINT ON TI IE EASTERLY RIGI I f -OF -WAY LINE OF S.W. 3rd STREET; THENCE NORTH 01°51'57" WEST, ALONG SAID EASTERLY RIGHT - OF - WAY LINE, A DISTANCE OF 51.33 FEET; THENCE NOItTT-I 88 °08'03" EAST, DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE, /\ DISTANCE OF 25.10 FEET, TO THE POINT OF B EGINNING. Revised V30/99 5 Market.: South Florida Site No.: FL 2513A Site Name: High Point EXHIBIT B (Paee 1 of 2) DESCRIPTION OF PREMISES to the Agreement dated (IWdtCM 1(° , 2000, by and between City of Boynton Beach, a Florida municipal corporation, as Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee.' The Premises are described and /or depicted as follows: _ i74� -.TI 1111111111()))11 � ill IN t: jj II - " s f,.,,. � ! � � { r �ii`�, l,I� i in � t i. K a 7 Ire _... • � , � a �. - �gl� ,, , I a j z i X r h I e6 � . p .7 M�1 0 6. a F ,.' ,. L- � r a t'� ° .. l it id tl lo U lh to co llii tx FR !g ill le d le /, I 11 �' �I 1.0 S ; . i • � L , o 0 %. ,- 17 'Ill - rr'll - 4 i t II —C + f ' — : & iiiiiiiiii /t N _l_ Y _ � t } r �_ � . , . ,‘. ...„,A _, t LI t I � � h tf k ).( r 7 if 1 4) lhz \ T .T-_-:-.-_-_ I 1 t 1 I 1 =��� _ 4- _t - -ti— h j I _ — -_-_-.)-- —, `z ,i,, r .._____ il ---___ ::= . iT 7 --- _ y i ii <1 : — — 1 n i X '4 la II (1 � P h � ? S (ri l a Pi S �g flfl li S Notes: 1) This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. 6 Rev, ed 6130/99 • Market.: South Florida Site No.: FL 2513A Site Name Nigh Point EXHIBIT B (Page 2 of 2) DESCRIPTION OF PREMISES to the Agreement dated MAILCA ( 0 , 2000, by and between City of Boynton Beach, , a Florida municipal corporation, as Lessor, and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee.' The Premises are described and /or depicted as follows: • 1 >. - I 11 t ;011 —; • .— -- -- — 111 1 0 q co , r -' 0 I)) ii l >t y� ' l 8 E th i'.i. Al I .[1,1 _ ) • _ I • 1 f . - . .r 5 63 // ;;*r ,. il 1 I '11 ii li 31 thi =' 1 f :: ' g QQ ° t 1 IrS: ;. n �• •. / 114 \ .. • U. v Zii '» at 11 'F t' 'I t 111 I ti � / \ U z i fl! I U — — — 11 /1 11 r < h i ' Io n , � c if lux > ? s114 4 i r4j P' -1 9 is 1 j �, . �� 3 66 iii / ` �> Z x j 0 y t R R / R � li ' prr#+ x1. l• t >(i II ,1 t I Illi1 yt ds it �,��,,,,, c 1r5 1 U ii Ili! ilk ''��''�' ft� ><l • ia - .iu �la daiaiT+iZ�i Gam''. T,��� __ zs— �—�r�- •• •• 1 1 ' Pri tab' lit VI x1:; " " I Notes. 5) This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 6) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 7) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 8) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above 7 Revised 8130/99 Market.• South Florida Site No FL 2513A Site Name: High Point EXHIBIT C PREPARED BY: Paula Hickman, Esq Nextel South Corp. 2201 Lucien Way, Suite 200 Maitland, FL 32751 RETURN TO: Alan Gabriel, Esq 2455 E Sunrise Blvd , Ph -E Ft Lauderdale, FL 33304 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this day of , 2000, by and between City of Boynton Beach, a Florida municipal corporation, with an address at 100 E. Boynton Beach Boulevard, P.O. Box 310, FL 33425 (hereinafter referred to as "Lessor ") and Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Lessee "). Lessor and Lessee entered into a Communications Site Lease Agreement ( "Agreement ") on the day of 2000, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement The term of the Agreement is for five (5) years commencing on , 2000 ( "Commencement Date "), and terminating on the fifth anniversary of the Commencement Date with four (4) successive five (5) year options to renew. The Land which is the subject of the Agreement is in Palm Beach County, Florida, described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises ") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. LESSOR: City of Boynton Beach Signed, sealed and delivered in the presence of: a,Floorriidaa municipal lccorrpo�raattiion BY � . W1L1tt ic 3. t,�+ mEC1 Witness • Print Name: Print Name Title: Mayor Witness Print Name. Executed on day of ,2000 Approved As To Form: City Attorney's Office STATE OF Florida COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by Gerald Broening, as Mayor of City of Boynton Beach, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission expires: (SIGNATURES CONTINUED ON FOLLOWING PAGE) 8 Revised 6/30/99 • Market : South Florida Site No.• FL 25I3A Site Name. High Point LESSEE. Signed, sealed and delivered in the presence of Nextel South Corp., a Georgia corporation d/b /a Nextel Communications By: _EOREAB�f U ONI "° Q]IEXEC E Witness Print Name. Print Name: John Cafaro Title: Vice President Witness Print Name. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by John Cafaro, as Vice President of Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS nay hand and official seal. Notary Public Print Name My commission expires: 9 Revised 8/30/99 Market • South Florida Site No.: FL 2513A Site Name High Point EXHIBIT D THIRD PARTY LEASE to the Agreement dated f1k)t,G4 1 0 , 2000, by and between City of Boynton Beach, a Florida municipal corporation, as Lessor, and Nextel South Corp., a Georgia corporation, d /b /a Nextel Communications as Lessee. Please see related third party lease agreement dated February 1,1995, attached hereto: 10 Revised 8/30/99 , Market:South Flonda SiteNo.:FL2513A SiteName:High Point • LEAS: AGREEMENT BETWEEN THE CITY 2F BOYNTON BEACH AND BELLSOUTH MOBILITY INC This LEASE AGREEMENT (hereinafter referred to as "Agreement ") is made and entered into this / day of re , 1994 between the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425 -0310, (hereinafter referred to as "CITY ") and BELLSOUTIH MOBILITY INC, whose address is 5201 Congress Avenue Boca Raton, FL 33487, (hereinafter referred to as "TENANT "). W I T N E S S E T H: WHEREAS, CITY is the owner of certain real property known as the City's Little League Field, located at in the City of Boynton Beacn in Palm Beach County, State of Florida; and WHEREAS, TENANT desires to lease a portion of said real property (hereinafter called ? roperty), with a right of way for access thereto, containing approximately 1,000 square feet more specifically described in and as substantially shown outlined in red on Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and other good and - .•aivable consideration, the receipt and sufficiency of which are Hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitations are true and correct and are hereby incorporated herein by reference. 2. CITY hereby leases to TENANT that certain parcel of Property located within CITY's Little League Ball Field at /%1.e. /&, /r Ao�,a , containing approximately 1,000 square feet, situated in Palm Beach County, State of Florida, together with the non - exclusive right for ingress and egress, seven (7) days a week, twenty -four (24) hours a day, on foot or motor vehicles, including trucks, and for the installation and maintenance of utility wires, cables, conduits and pipes over, under or along a twenty foot (20 foot) wide right of way extending from the nearest public right of way which is , to the demised premises, (including TENANT's equipment shelter and lighting structure as referenced herein), said Property 1 1 vlarket:South Floric'a itteNo:FL25 ;deName:High Point . - ltid right of way for access being substantially as described herein 1,1 Exhibit "A" and o5 shown enclosed within red lines en Exhibit "A" attached hereto and made a part hereof. CITY shall cooperate wLth TENANT in its effort Lo obtain utility services along said right of 'gray by sic, ilia such documents or easements as may be re xuireo by said ility companies. In the event any public utility is unable to use Lie aforementioned right of . ;ay, the CITY hereby agrees Lo grant an additional right of way either to the FZi1tj`1T or to the pull_o utilit at no cost to the TENANT. 3. CITY also . :ereby crrants to TENANT the right to survey said Property, and said survey snail then become Exhibit "8", which :Thal l be attached hereto and made a part: hereof, and snail control in the event of discrepancies between It and Exhibit "A". Cost for such work shall be borne by the TENANT. 4. This Agreement shall be for an initial term of Live (5) :ears, which shall commence upon the issuance of a certificate of occupancy by CITY for TENANT'S improvements as herein identified, unless otherwise terminated pursuant to Paragraph 5, below. Consideration for the initial term and all extensions thereof shall be provided by TENANT as follows: a. During the initial term of this Agreement, CITY shall be paid an ual. - ntal fee payment. 0 l imiummimmiummillit DOLLARS ( . The initial payment shall be due and payable Lo CITY thirty days after issuance of the Certificate of Occupancy by the City and annually thereafter on the anniversary of the lease year. A lease year is the twelve (12) months commencing with the anniversary of the lease date and terminating with the last day of the twelfth month thereafter. b. TENANT shall have the option to extend this Agreement for four (4) additional five (5) year terms, and such extensions shall automatically occur unless TENANT gives CITY written notice of its intention not to extend this Agreement at least six (6) months prior to the end of the Lhen current term. CITY shall have the option to cancel this Agreement after the third five year option term by giving TENANT written notice of its intention to do so at lease six (6) months prior Lo the end of the then current term. c. Subject Lo the terms of paragraph 4.f. of this Agreement, during the initial Live (5) year term. T '"7 r-ha be paid an annual rental lee payment of DOLLARS During each additional Live (5) year term the annual rental Lee shall be adjusted annually to equal the purchasing power of the previous year. The basic annual rental fee shall be adjusted by any chance in the Index now known as "United States Bureau of Labor Statistics, Consumer Price Index, for All Urban Consumers," Thereinafter referred to as the "Index ". If such Index shall be discontinued with no successor or comparable successor index, the parties shall attempt to agree upon a substitute 1 L 1 y'arket:SoUth h 3 IteNu.:FL2513A SiteName:High Point • formula, .,lt if the r1rties .re unable to agree upon a substitute formula, ::hen the .:;jitter snail be determined by arbitration in accordance with the rules of the American Arbitration Association then prevailing. Such adjustment shall be accomplished by cuultiplyin:: the aforementioned basic annual rental fee by a fraction, the numerator of ,high shall be the most recently published annual Index prece ±in g the Eirst day of the lease year for ':.high adjustment is made. the denominator of which fraction shall be the corresponding annual Index for the year preceding the first date of the previous lease year. Said sum is in addition to • the base rental fee and is payable upon the next annual payment after publication of the subect Consumer Price Index and shall cover the past due amounts and the next annual rental fee adjustment shall be computed and payable. d. The computation of the annual rental fee adjustment shall never result in a reduction from the base rental fee above provided so that the minimum rental fee hereunder shall never be less than the aforesaid base rental fee. e. If at the end of the fifth (5th) five (5) year term this Agreement has not been terminated by either party by giving to the other written iiuLice of an intention to terminate it at least six (6) months prior Lo the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms there -after until terminated by either party by giving to the other written notice of its intention Lo so terminate at least six (6) months prior to the end of such ter;:;. The annual rental fee for this period shall be equal to the annual rental fee paid for the previous year of the fifth (5Lh) five (5) year term and increased by five (5 %) percent. E. Upon the issuance of a Certificate of Occupancy by CITY for TENANT' s Communications Facility at the Ball Field, as referenced herein, TENANT shall in lieu of making the payment of rent for the initial five year Lem as provided in paragraph 4.c. above, TENANT, shall pay to CITY a one time lump sum payment of SEVENT'i -FIVE THOUSAND and NO /100 DOLLARS ($75,000.00). This lump suns payment shall constitute the advance rental payment by TENANT for the initial five year lease term calculated as follows: 1) For lease years 1, 2, 3, 4 & 5 of the Acrreemenc at the existing annual rental amount of 11111 and NO /100 DOLLARS ) for a total o and NO /100 DOLLARS , plus applicable sa es tax. 2) wiffirmagyingaw and NO /100 DOLLARS to CITY for CITY's use to improve the Ball Field. g. Commencing with the first Live year extension term (lease year 6) of Lhe Agreement, if so extended, the annual rental amount 3 ?3 1 Market South Flor;da SlteNo.:FL2513A SiteName:High Point - 3liall be adjusted pursuant to _he terms of paragraph a . c . of this A9Lcement . 5. TENANT shall use :he Property for the purpose of constructing, maintaining and operating a Communications Facility and uses incidental thereto, consisting of a) a new unmanned equipment building construc_ed by TENANT to shelter its telecommunications equipment and related office space. The new building will be attached to : :TY's existing store room /equipment building and the new construc :ion shall substantially match the building trim and :lie building type and exterior finish of the existing building; b) a one hundred fifty coot (150') free standing lighting structure designed to meet TENANT's telecommunications needs, and; c) all necessary connecting appurtenances. A security fence consisting of chain link construction or similar but comparable construction, at the option of TENANT, shall be placed around the perimeter of the : roperty (not including the access easement). All improvements shall be at TENANT's expense. TENANT will maintain the Property in a reasonable condition. It is understood and agreed that TENAIIT's ability to use the Property is contingent upon its obtaining after the execution date of this Agreement, all of the certificates, permits and other approvals that may be required by any federal, state or local authorities. CITY shall cooperate with TENANT in its effort to obtain such approvals and shall Lake no action which would adversely affect the status of the Property with resoect to the proposed use thereof by TENANT. CITY agrees to sign such papers as required to file applications with the appropriate zoning authority and /or commission for the proper zoning of the Property as required for the use intended by the TENANT. TENANT will perform all other acts and bear expenses associated with the rezoning procedure. CITY agrees to make its best efforts to support the rezoning and administrative procedures. In the event that any of such applications should be finally rejected or any certificate, permit, lease or approval issued to TENANT is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or soil boring tests or radio frequency propagation tests are found to be unsatisfactory so that TENANT in its sole discretion will be unable to use the Property for _ts intended purposes, TENANT shall have the right to terminate this Agreement. Notice of the TENANT's exercise of its right to ter -mate shall be given to CITY in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by the CITY as evidenced by the return receipt. All rental fees paid prior to said termination date shall be retained by the =ITY. Upon such termination, this Agreement shall become null and void and all the parties shall have no further obligations, includ_ng the payment of money, to each other. TENANT shall offer CITY the first option to purchase said lighting structure, the equipment building and certain remaining improvements at such time as TEIIANT may elect to terminate this Agreement for the agreed upon sum of One Hundred Dollars ($100.00) . CITY shall have sixty days from receipt of such notice of a '4 Market:South Florida SiteNo.:FL2513A SiteName:High Point • termination in whicn Lo exec :_se this option and notify TENANT in writing. 6. a) TENANT shall, at its expense, remove the existing lighting structure and replace the structure with a new comparable structure and remount CITY existing lighting equipment at substantially the same heir ::t as said lighting equipment is presently located. 'TENANT will allow CITY, without charge, to re- locate on the new lighting structure its municipal lighting equipment for ballpark, recreational purposes, at an elevation and with such equipment and related cables satisfactory to CITY and as approved by TENANT, .sith such approval not to be unreasonably withheld. CITY shall provide TENANT upon execution of this Agreement with an exact description of all lighting equipment and height required for the installation for current and future use anticipated by CITY. The cost of CITY's equipment, and after the initial installation thereof, the maintenance of this equipment shall be CITY's responsibility. Said installation and maintenance are to be performed by CITY, or its contractors, in a workmanlike manner and all work is to be done in a manner consistent with TENANT'S high quality construction standard. With the exception of general day -to -day maintenance, prior to the commencement of any installation or maintenance :work that will impact TENANT's cables and /or equipment, CITY shall submit detailed plans of the work to be performed to TENANT for its approval and TENANT shall have the option to approve CITY's contractor prior to any installation and/or maintenance that will require access to the structure. b) CITY grants TENANT permission to attach necessary transmission lines, cables, antennas, fixtures, and other associated equipment from the equipment shelter to the lighting structure Lo make TENANT's antennas operational. c) Construction of the replacement lighting structure shall commence as soon as possible, with anticipated completion of the new structure being on or about January 31, 1995, or as otherwise mutually agreed between CITY and TENANT. Upon the completion of the new lighting structure and reasonable prior notice to CITY, TENANT shall dismantle its existing telecommunications facility within sixty (60) days after the replacement structure is operational and relocate the equipment shelter and mount its antennas onto the replacement structure. TENANT shall be responsible for the cost of such relocation. CITY does Hereby agree that the existing water tank will not be removed and dismantled by CITY until such time as TENANT :ias removed its equipment shelter and antennas as contemplated erein and relocated same to the replacement structure. d) The cost of TENANT's telecommunications equipment, its installation and maintenance thereof shall be TENANT's responsibil- ity. Said installation and maintenance are to be performed by TENANT, or its contractors, in a workmanlike manner and all work is 5 15 Market:South Florida SiteNo.:FL2513A C tpNamerfi ,h Point Lo i done in a .,tanner consistent w Lh TENANT's high quality ._o:uil.irscLion stanuard. Prior 1.0 .lie commencement of any installation work TENANT shall submit detailed plans of the work to be performed to CITY for its approval. e) TENANT snail Lurn1sa to the unmanned equipment shelter electric service for the operation of TENANT'S telecommunications equipment. Said electric service shall be furnished underground to TENANT's equipment = :ielter and TENANT shall be solely liable for electricity expenses relating to its installation. TENANT's electrical service s::all be separately metered and TENANT shall be responsible for all costs associated with metering, including the cost of installinc any meter. If TENANT should install any emergency generators at this site, said generator shall be propane Lueled and all equipment shall comply with Palm Beach County's t•IellLield Protection Ordinance. 7. TENANT shall indemnify and hold CITY, its agents, servants or employees, harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by the TENANT, its agents, servants or employees, excepting, however, such claims or damages as may be due to or caused by the acts of the CITY, or its agents, servants or employees. 8. CITY agrees that TENANT may self- insure against any loss or damage which could be covered by a comprehensive general public liability insurance policy. 9. TENANT will be responsible for making any necessary returns for and payin i any and all property taxes separately levied or assessed against its improvements on the Property. TENANT shall reimburse CITY as additional rent its proportionate share of any increase in real estate taxes levied against the leased Property in excess of the taxes due for the 1991 real estate taxes on the real property in which the leased premises are a part and payable and are not separately levied or assessed against TENANT's improvements by the taxing authorities. 10. Except as provided in paragraph 5 herein, TENANT upon termination of this Agreement shall within a reasonable period, remove its personal property and fixtures and restore the Property to its original condition, reasonable wear and Lear excepted. AL CITY's option when Lhis Agreement is terminated and upon CITY's advance written notice to TENANT, TENANT will leave the foundation and security fence to become property of CITY. If such time for removal causes TENANT to remain on the property after termination of this Agreement, TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment terns, until such Lime as the removal of personal property and fixtures are completed. 6 r6 1 Clarke :South Florida SiteNo.:FL2513A SiteName:Hieh Point 11. Should the CITY, at any Lime during the term of this Agreement, decide Lo sell ail or any pert of the Property (the Property to include only the parcel leased hereunder) to a purchaser other than TENANT, such sale shall be under and subject to this Lease Agreement and TEi1ANT's rights hereunder, and any sale by the CITY of the portion of this Property underlying the right of gay nerein granted shall be under and subject Lo the right of tha TENANT in and to such right of way. CITY agrees not t sell, lease or use any other areas of the entire parcel upon which Property is situated for placement of other communications facilities if, in TENANT's sole judgment (which shall not be arbitrary), such installation would interfere with the facilities in use by TENANT. 12. CITY covenants that TENANT, on paying Lire rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Leased Property. 13. CITY covenants that CITY is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. CITY further covenants that there are no other liens, judgments or impediments of title on the Property. 14. IL is agreed and understood that this Agreement contains all agreements, promises and understandings between the CITY and TENANT and that no verbal or oral agreements, promises or understandings shall be binding upon either the CITY or TENANT in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the parties. 15. This Lease Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. 15. This lease may not be sold, subleased, assigned or transferred at any time except to TENANT's principal, affiliates or subsidiaries of its principal, or to any company upon which TENANT is merged or consolidated. As to other parties, this Lease may not (// be sold, subleased, assi ned - - - -• without thg_serrhtttn c. en o - - , such consent not to be unreasona ly withheld. 17. All noLices Hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice) : CITY: City of Boynton Beach c/o City Manager 100 E. Boynton Beach Boulevard P.O Box 310 Boynton Beach, Florida 33425 -0310 7 1 Market:Sou *h FloriCa SiteNo.:FL2513A SiteName:High Poznt TENANT: Uc11Couth Nobility Inc 5201 Congress Avenue Boca Raton, FL 33487 ATTN: Manager Real Estate 18. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 19. If the whole of the leased premises or such portion thereof as will make the premises unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between CITY and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of CITY and TENANT hereunder. Nothing in this provision shall be construed to limit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT's leasehold interest hereunder. 20. CITY and TENANT agree that a copy of this Agreement shall be recorded among the Public Records of Palm Beach County, Florida, upon execution of this Agreement. CITY and TENANT agree to take such actions as may be necessary to permit such recording or filing. TENANT, at TENANT's option and expense, may obtain title insurance on the space leased herein. CITY shall cooperate with TENANT's efforts to obtain such title insurance policy by executing documents or, at CITY's expense, obtaining requested documentation as required by the title insurance company. If title is found to be defective, CITY shall use diligent effort to cure the defects in title. 21. CITY shall hold TENANT harmless from and indemnify TENANT against and from any damage, loss, expenses or liability resulting from the discovery by any person of hazardous substance generated, stored, disposed of, or transported to or over the Property, as long as such substance was not stored, disposed of, or transported to or over the Property by TENANT, its agents, contractors, employees, or invitees. TENANT will be responsible for any and all damages, losses, and expenses and will indemnify CITY against and from any discovery by any persons of such hazardous wastes generated, stored, or disposed of as a result of TENANT's equipment and use of the subject Property. 22. In connection with any litigation arising out of this Agreement, the prevailing party, whether CITY or TENANT, shall be entitled to recover all costs incurred including attorney's fees for services rendered in connection with any enforcement or breach of contract, including appellate proceedings and post judgment proceedings. 8 r8 Z 'vlarket:South Florida Sites' o.:FL2513A SiteName:High Potrit 23. In accordance with Florida Law, the following statement is hereby made: RADON GAS: Radon is a natural occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present .':ealth risks to persons who are exposed to i� over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testinc may be obtained from your county public health unit. 24. This Agreement shall be executed in three (3) counterparts, each of which shall be deemed an original, and such counterparts shall constitute but one and the same Agreement. IN WITNESS WIIEREOF, the parties hereto have set their hands the day and year first written above. CITY Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH ♦ Y• Z74,..e.nz.;)r Pri t Name 6 1(z. , 9,1.41.74 .- 7 A&i. — MAYOR v -c_-- --iiftic; . Attest: rte,. - 4 ' Av g_ _ _ _ _ Pri - Name -It 114. i J>i/ e- 1/14f2 illy &' per '_. APP OVED AS TO FORM: l ‘tk c_Ct.T ATT RIIEY STATE OF FLORIDA . COUNTY OF PALM BEACH . I HEREBY CERTIFY that on this 1 . day o f attic L _ . , 199 before me personally appeared t•iayor /I r. HAA�ne�l� of the City of Boynton Beach, to me well known to be the individual 3 s Market:South Florida SiteNo.:FL2513A - • SiteName:Hieh Point who executed the f ;regoing instrument and acknowledged before me that he executed t.';e same for the purposes therein expressed. at WITNESS my hand and official seal this /° day of , 1995-. • . /1: »L, o NO PUBLIC Prr Name J/iN c,r /4. }BRA in,'1O M Comm �- .• JMIET M. PRAMiv ! MY CCA1Ai1551011 ! CC 3 ;.: . touts: AIWA WA 71.19; _ TENANT Signed, sealed and delivered in the presence of: BELLSOUTH MOBILITY INC (14a/z4 yeO Print Name 1, i r 4/ /I. Attest: Prin •'ame AWAY STATE OF FLORIDA COUNTY OF PALM BEACH S I HEREBY CERTIFY that on this (� day of 199 , before me personally appeared ,5 Gnay , of BELLSOUTH MOBILITY INC, to me well known to be the individual who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expressed. / ITNESS my hand and official seal this /6 day of J /71,6frIA1 , 199A. Novi aUB L I C ��. f • A.AlC/ 5-\.) Print Name My Commission Expires: J•lol3ry Public. 5iate of FIcrirfa at Largo 5563REV- .AGR My Commission L::p :fe Dec. 17. 1995 10-13-94 ponded thru IluckIe'acrry & Associates (MIAMI ABBB) 10 • • 20 Market:South Florida • Siteislo. :FL2513A- . -- . .., ' ` SiteNan e:Hieh Point ' !a. � - – 0.-1 .---• • f \ \�. \ \ \\ \ \\ \ \ \ \ \\�\ \`. \ \ � 1 i 2-_ / / C I: — 1 1 -. 1 1 1 it It 1. 1 gl ii X 1 1' r �o -1 ) i 1 11 II 1 i 2 ■ o I i I 1 : / C 1 11 . z 0 11 0 a e ; q I 0 ri Pr crl i ll JI 1 BELLSOUTH MOBILITY INC T �+ ti MIAMI. FLORIDA CELLULAR SYSTEM Y111 ! tl . � rT''° CELL SITE_yin A808 RELO EXHIBIT 'A" irF ►uH ■ momoroIL AMU WC ELLvATdii du ' 2 I