R12-106 I
I
1 RESOLUTION NO. R12 -106
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AUTHORIZING AND
5 DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A
6 SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN
7 THE CITY OF BOYNTON BEACH, FLORIDA AND STC FIVE
8 LLC., SUCCESSOR IN INTEREST TO SPRINT SPECTRUM L.P.,
91 EXTENDING THE LEASE FOR EIGHT (8) ADDITIONAL FIVE
10' (5) YEAR TERMS FROM THE INITIAL TERM AT 229 N.E. 9TH
11 AVENUE; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, Sprint has leased property from the City at the Public Works
14 Compound for a telecommunications tower since April 15, 1997; and
15 WHEREAS, the City Commission has determined that it is in the best interests of
16 the residents of the City to execute a Second Amendment to Lease Agreement between the
17 City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L. P.,
18 extending the Lease for eight (8) additional five (5) year terms from the initial term at 229
19 N.E. 9 Avenue.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25 Section 2. The City Commission of the City of Boynton Beach, Florida does
26 hereby authorize and direct the Mayor and City Clerk to execute a Second Amendment to
27 Lease Agreement for Telecommunication Tower Site between the City of Boynton Beach
28 and STC FIVE LLC., successor in interest to Sprint Spectrum L.P., extending the Lease for
29 eight (8) additional five (5) year terms from the initial term, a copy of the Second
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1 Amendment is attached hereto as Exhibit "A ".
2 Section 3. This Resolution shall become effective immediately upon passage.
3
4 PASSED AND ADOPTED this 2 day of October, 2012.
5 CITY BOYNTON BEACH, • ORIDA
8 Mayor,. -Woo • ro . .•
9
10
11 Vice Mayor — Mack McCray
12
13
14 Com•'sio g —
15 /
16
17 Commissi : er — St; en • zman
18
20 ommissioner — Marlene Ross
21 ATTEST:
22
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25 - t M. Prainito, MMC
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SECOND AMENDMENT TO LEASE AGREEMENT
FOR TELECOMMUNICATION TOWER SITE
THIS SECOND AMENDMENT TO LEASE AGREEMENT FOR
TELECOMMUNICATION TOWER SITE (this "Second Amendment ") dated as of the latter
of the signature dates below (the "Effective Date ") by and between CITY OF BOYNTON
BEACH ( "Landlord ") having a mailing address of PO Box 310, Boynton Beach, Florida 33425-
0310 and STC FIVE LLC, a Delaware limited liability company ( "Tenant "), successor in
interest to Sprint Spectrum L.P., a Delaware limited partnership ( "Sprint "), by Global Signal
Acquisitions II LLC, a Delaware limited liability company, its attorney -in -fact.
WITNESSETH:
WHEREAS, Landlord and Sprint entered into that certain Lease Agreement for
Telecommunication Tower Site dated August 13, 1996; as modified by that certain Addendum to
PCS Site Agreement attached thereto and as further modified by that certain Resolution R01 -294
adopted by the Landlord on November 6, 2001(collectively, the "Original Agreement "), whereby
Landlord conveyed a lease to Sprint for a portion of land located at 222 N.E. 9th Avenue,
Boynton Beach, Palm Beach County, Florida 33435 (Boynton Public Works Compound Site)
consisting of 1235 square feet, together with access and utility easements thereto, as more
particularly described in the Original Agreement and that certain Memorandum of PCS Site
Agreement recorded April 24, 1997 in File No. 97- 144274, Official Records Book 9760, Pages
1454 -1457 of the Official Public Records of Palm Beach County, Florida; and
WHEREAS, the Original Agreement was amended by that certain First Amendment to
Lease Agreement for Telecommunication Tower ( "First Amendment ") dated November 6, 2001
and recorded in Clerks File No. 20120233007, Official Records Book 25262, Page 1838 of the
Official Public Records of Palm Beach County, Florida by and between Landlord and Sprint to,
among other things, lease to Tenant an additional portion of land consisting of 495 square feet
for a total lease area of 1730 square feet (collectively, the "Property ") (the Original Agreement
and the First Amendment shall be collectively referred to herein as the "Agreement "); and
WHEREAS, the Property may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto; and
WHEREAS, the Agreement has an initial term and renewal terms that will expire on
October 29, 2021 (the "Original Term "), and Landlord and Tenant desire to enter into this
Second Amendment in order to amend the Agreement to, among other things, provide for
additional renewal terms beyond the Original Term.
NOW THEREFORE, in consideration of the promises and mutual covenants contained
herein, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct in all respects and are hereby
made a part of this Second Amendment for all purposes.
Site Name Boynton Public Works Compound 1
BU #: 878211
2. Status of Parties/Estoppel. All parties acknowledge that, to the best of its
knowledge, the other parties have complied in all material respects with the obligations under
the Agreement occurring on or prior to the date hereof and that, to the best of its knowledge, the
other parties are not in default under the terms of the Agreement.
3. Defined Terms. Any capitalized terms not defined herein shall have the
meanings ascribed to them in the Agreement.
4. Initial Term Commencement Date. The parties hereby ratify and affirm that the
commencement date for the Initial Term of the Agreement was October 30, 1996.
5. Legal Description of the Property; Exhibit A. The parties hereby agree that
the correct legal description for the Property and correct legal description for the non-
exclusive ingress and egress easement is attached hereto as Exhibit A; which exhibit is
incorporated herein by reference for all purposes. Accordingly, the Agreement is hereby
amended by deleting Exhibit A (as modified by Exhibits A and B in the First Amendment)
attached thereto and replacing it with the corresponding exhibit that is attached hereto. Exhibit
A attached to this Second Amendment shall supersede and replace the legal descriptions that are
attached to the Agreement as descriptions for the Property and the ingress and egress easement.
6. Paragraph 5.02 Amendment: Term. Paragraph 5.02 is hereby amended by
deleting the current text and inserting the following:
"Tenant shall have the option to extend this lease for eight (8) additional
five (5) year terms. Such extensions shall automatically occur unless
TENANT or LANDLORD, if LANDLORD determines in good faith that
the Premises are needed by LANDLORD for public purposes, gives
written notice to the other party of its intention not to extend this
Agreement at least six (6) months prior to the end of the current term."
The Initial Term and any extensions shall be collectively referred to herein as the "Lease Term."
The parties acknowledge that pursuant to this Second Amendment the Lease Term exceeds the
Original Term by twenty (20) years and that, unless terminated sooner, the final extension term
of the Agreement will expire on October 29, 2041.
7. Paragraph 16.01 Amendment: Notice. Paragraph 16.01 of the Agreement is
hereby amended by deleting the address for Tenant, and inserting in lieu thereof the following:
TENANT: Sprint Contracts and Performance
Mailstop KSOPHT0101 — Z2650
Re: Cell Site #878211— Boynton Public Works Compound
6391 Sprint Parkway
Overland Park, Kansas 66251 -2650
Attn: Marion S. Crable, Manager
Site Name: Boynton Public Works Compound 2
BU #: 878211
with a copy to: Global Signal Acquisitions II LLC
c/o Crown Castle USA Inc.
Re: Cell Site #878211— Boynton Public Works Compound
2000 Corporate Drive
Canonsburg, Pennsylvania 15317
Attn: Legal Department
8. Extension Term Rent. The Agreement is hereby amended by adding a new
paragraph which shall read as follows:
"5.04 Effective October 30, 2016 (at the beginning of the fifth 5 -year term),
annual rent shall be increased annually by five percent (5 %) over the annual rent
that was in effect for the previous year."
9. Amendment Consideration. In consideration for amending the Agreement,
Tenant agrees to pay Landlord the amount of Eight Thousand Five Hundred and 00 /100 Dollars
($8,500.00) within sixty (60) days of the full execution of this Second Amendment by both
parties.
10. Representations, Warranties and Covenants of Landlord. Landlord
represents, warrants and covenants to Tenant as follows:
(a) The Property is owned by Landlord free and clear of any right of any
individual, entity or governmental authority arising under any option, right
of first refusal, lease, license, easement or other instrument, except for the
rights of Tenant arising under the Agreement as amended hereby and the
rights of utility providers under recorded easements.
(b) Upon Tenant's request, Landlord agrees to cure any defect in Landlord's
title to the Property which in the reasonable opinion of Tenant has or may
have an adverse affect on Tenant's use or possession of the Property.
(c) Landlord agrees to execute such further documents and provide such
further assurances as may be reasonably requested by Tenant to affect any
release or cure referred to in this paragraph, to evidence the full intention
of the parties, and to assure Tenant's use, possession and quiet enjoyment
of the Property under the Agreement as amended hereby.
11. IRS Form W -9. Landlord agrees to provide Tenant with a completed IRS Form
W -9, or its equivalent, upon execution of this Second Amendment and at such other times as
may be reasonably requested by Tenant. In the event Landlord's property on which the
Property is located is transferred, the succeeding landlord shall have a duty at the time of such
transfer to provide Tenant with a completed IRS Form W -9, or its equivalent, and other related
paper work to effect a transfer in rental to the new landlord. Landlord's failure to provide the
IRS Form W -9 within thirty (30) days after Tenant's request shall be considered a default and
Site Name Boynton Public Works Compound 3
BU #: 878211
Tenant may take any reasonable action necessary to comply with IRS regulations including, but
not limited to, withholding applicable taxes from rent payments.
12. Authority. Landlord represents and warrants that, as of the date of this Second
Amendment, Landlord is duly authorized and has the full power, right and authority to enter
into this Second Amendment and to perform all of the Landlord's obligations under this Second
Amendment and the undersigned has the authority to execute and deliver this Second
Amendment to Tenant.
13. Construction of Documents. Each party hereto acknowledges that this Second
Amendment shall not be construed in favor of or against the drafter hereof.
14. Remainder of Agreement Unaffected. In all other respects, the remainder of the
Agreement shall remain in full force and effect. Any portion of the Agreement that is
inconsistent with this Second Amendment is hereby amended to be consistent.
15. Headings. The headings contained in this Second Amendment are for reference
purposes only and shall not modify or affect this Second Amendment in any manner
whatsoever.
16. Entire Agreement. The Agreement (as amended by this Second Amendment)
embodies the final, entire agreement between the parties with respect to the subject matter of
this Second Amendment, and supersedes any and all prior agreements, representations,
understandings and commitments, whether oral or written relating to this subject matter, and
may not be contradicted or varied by evidence of prior, contemporaneous or subsequent oral
agreements or discussions of or on behalf of the parties to this Second Amendment.
17. Counterparts. This Second Amendment may be executed in separate and
multiple counterparts, each of which shall be deemed an original but all of which taken together
shall be deemed to constitute one and the same instrument.
18. Recordation. Tenant and Landlord agree that a copy of this Second Amendment
(or a Memorandum thereof) shall be recorded in the public records of Palm Beach County,
Florida upon execution of this Amendment. The cost for recordation shall be paid by Tenant.
19. Governing Law, Jurisdiction and Venue. The Agreement (as amended by this
Second Amendment) 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. The Agreement (as
amended by this Second Amendment) shall be governed in all respects, whether as to validity,
construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for
any action arising from or related to the Agreement (as amended by this Second Amendment)
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 (as amended by this Second
Amendment) is intended, nor shall be construed or interpreted, to waive or modify the
Site Name Boynton Public Works Compound 4
BU #: 878211
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 (as amended by this Second Amendment), or any
disagreement or dispute concerning it, shall be construed or resolved so as to insure Landlord of
the limitation from liability provided to the State's subdivisions by state law.
IN WITNESS WHEREOF, the undersigned parties have caused this Second
Amendment to be duly executed as of the Effective Date.
ATTEST: CITY OF BOYNTON BEACH
By �--
, City Clerk By: - 4ris
C , Mayor
l
APPROVED AS TO FORM AND Date: 4- 77Lr , 2014
LEGAL SUFFICIENCY
By( J �._ % �L:y� •
•r 'ice of the C• t • ey
4 �
Q =:
J
Site Name: Boynton Public Works Compound 5
BU #: 878211
WITNESSES: STC FIVE LLC,
a Delaware limited liability company
-c� mf By: GLOBAL SIGNAL ACQUISITIONS II LLC,
a Delaware limited liability company
Print Name: _ u S cc. ' its Attorney -in -Fact
\('�' � 1 „ n B y:
J (T!,
Print Name: uAv 'C" �'C•� Name: Lisa A. Sedges
Title: RET Manager
THE STATE OF TXA §
COUNTY OF MAS §
The foregoing Second Amendment to Lease Agreem nt for Telecommunicatiion Tow, er
Site was acknowledged before me this S day of , 2014, by 1,►Sh 11- is . ,
itYlmna of Global Signal Acquisitions II LLC, a Delaware limited liability
company, the Attorney-in-Fact of STC FIVE LLC, a Delaware limited liability company, for
and on behalf of said entity and for the purposes, intents and consideration stated in the
foregoing Second Amendment to Lease Agreement for Telecommunication Tower Site. He /She
is personally known to me or has produced - as identification.
In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and
said witnesses, on the date set forth above. / � nia
Si nature of NNot y Public
g y
C (f T.. illeaKes
Printed Name of Nofary Public:
My Commission Expires: [Seal]
� r � C r o n 1 T:
j F :; I4;YG ��=',�!:)N1 �. , .. A , , us, L :, 2
Site Name Boynton Public Works Compound 6
BU #• 878211
EXHIBIT A
TOWER PARCEL:
THAT PART OF LOTS 2 AND 3, BLOCK 1, CONGRESS GROVE, AS PER THE PLAT
THEREOF RECORDED IN PLAT BOOK 13, PAGE 63 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, SITUATED IN THE
NE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND NAIL AND DISK AT THE POINT OF INTERSECTION OF
THE CENTERLINE OF NE 1ST STREET (50 FOOT WIDE RIGHT -OF -WAY) WITH THE
CENTERLINE OF NE 6TH AVENUE (40 FOOT WIDE RIGHT -OF -WAY) SAID POINT
BEING LOCATED SOUTH 89°5T13" WEST, A DISTANCE OF 182.04 FEET FROM A
FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF THE CENTERLINE OF
SAID NE 6TH AVENUE WITH THE CENTERLINE OF NE 2ND STREET (50 FOOT WIDE
RIGHT -OF -WAY); THENCE NORTH 01°21'11" WEST ALONG SAID CENTERLINE OF NE
1ST STREET FOR 168.61 FEET TO A FOUND 1/2" IRON ROD AT THE POINT OF
INTERSECTION OF SAID CENTERLINE OF NE 1ST STREET WITH THE CENTERLINE
OF NE 7TH AVENUE (50 FOOT WIDE RIGHT -OF -WAY); THENCE NORTH 32 °30'41"
EAST FOR 203.05 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 °54'40"
EAST FOR 40.50 FEET; THENCE NORTH 00 °30'13" WEST FOR 16.50 FEET; THENCE
SOUTH 89 °46'34" EAST FOR 30.00 FEET; THENCE SOUTH 00°30'13" EAST FOR 57.00
FEET; THENCE NORTH 89 °46'34" WEST FOR 31.00 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,730 SQUARE FEET (0.04 ACRES), MORE OR LESS.
Site Name. Boynton Public Works Compound 7
BU #: 878211
EXHIBIT A - CONTINUED
20 -FOOT WIDE NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT:
THAT PART OF LOTS 2 -7, BLOCK 1, CONGRESS GROVE, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGE 63, AND LOTS 121 AND 136, ARDEN PARK, AS
PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 96, AND THE
VACATED RIGHT -OF -WAY OF ORANGE STREET, AS PER THE DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 2312, PAGE 959, ALL IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NE 1/4 OF THE
SE 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND NAIL AND DISK AT THE POINT OF INTERSECTION OF
THE CENTERLINE OF NE 1ST STREET (50 FOOT WIDE RIGHT -OF -WAY) WITH THE
CENTERLINE OF NE 6TH AVENUE (40 FOOT WIDE RIGHT -OF -WAY) SAID POINT
BEING LOCATED SOUTH 89°5T13" WEST, A DISTANCE OF 182.04 FEET FROM A
FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF THE CENTERLINE OF
SAID NE 6TH AVENUE WITH THE CENTERLINE OF NE 2ND STREET (50 FOOT WIDE
RIGHT -OF -WAY); THENCE NORTH 01°21'11" WEST ALONG SAID CENTERLINE OF NE
1ST STREET FOR 168.61 FEET TO A FOUND 1/2" IRON ROD AT THE POINT OF
INTERSECTION OF SAID CENTERLINE OF NE 1ST STREET WITH THE CENTERLINE
OF NE 7TH AVENUE (50 FOOT WIDE RIGHT -OF -WAY); THENCE NORTH 32 °30'41"
EAST FOR 203.05 FEET TO THE SOUTHWEST CORNER OF A TOWER PARCEL;
THENCE NORTH 00 °54'40" EAST ALONG THE WEST LINE OF SAID TOWER PARCEL
FOR 15.03 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE
HEREIN DESCRIBED 20 FOOT WIDE INGRESS AND EGRESS EASEMENT; THENCE
NORTH 89 °0520" WEST FOR 10.00 FEET TO AN INTERSECTION WITH A LINE THAT IS
PARALLEL WITH AND OFFSET 10.00 FEET WEST OF SAID WEST LINE; THENCE
NORTH 00 °54'40" EAST ALONG SAID PARALLEL LINE FOR 25.35 FEET; THENCE
NORTH 00 °30'13" WEST ALONG SAID PARALLEL LINE FOR 39.91 FEET; THENCE
NORTH 89 °56'33" EAST FOR 263.43 FEET; THENCE NORTH 01 °02'00" WEST FOR 245.54
FEET TO AN INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF NE 9TH
AVENUE AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 11,690 SQUARE FEET, MORE OR LESS.
Site Name Boynton Public Works Compound 8
BU# 878211
EXHIBIT A — CONTINUED
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Site Name: Boynton Public Works Compound 9
BU #: 878211
among other things, lease to Tenant an additional portion of land consisting of 495 square feet
for a total lease area of 1730 square feet (collectively, the "Property ") (the Original Agreement
and the First Amendment shall be collectively referred to herein as the "Agreement "); and
WHEREAS, the Property may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto; and
WHEREAS, the parties entered into that certain Second Amendment to Lease
Agreement for Telecommunication Tower Site dated as of the date hereof (the "Second
Amendment "), in order to, among other things, extend the term of the Agreement, all upon the
terms and conditions more fully set forth therein.
NOW THEREFORE, for the mutual covenants and premises herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged,
the undersigned parties, intending to be bound, agreed in the Second Amendment as follows:
1. Initial Term Commencement Date. The parties ratified and affirmed in the
Second Amendment that the commencement date for the Initial Term of the Agreement was
October 30, 1996.
2. Capitalized Terms. Capitalized terms not otherwise defined herein shall have
the meanings set forth in the Second Amendment and /or the Agreement, as applicable.
3. Legal Description of the Property; Exhibit A. Exhibit A to the Agreement was
deleted in the Second Amendment and replaced with a new Exhibit A that is attached hereto.
The Exhibit A attached hereto accurately describes the Property leased by Tenant and the non-
exclusive ingress and egress easement thereto.
4. Renewal Term. Paragraph 5.02 of the Agreement was modified in the Second
Amendment to provide for four (4) additional terms of five (5) years each (the final such
Renewal Term, unless the Agreement is terminated sooner, will expire October 29, 2041), upon
the terms and conditions set forth in the Agreement (as amended).
5. No Other Amendments. Except as expressly modified by the Second
Amendment, the Agreement remains unchanged and in full force and effect.
6. Agreement Controls. This Memorandum summarizes, for purposes of the public
record, certain rights granted to Tenant in the Agreement by virtue of the Second Amendment,
and this Memorandum does not and it should not be interpreted to amend, amplify or diminish
any of the terms and provisions contained in the Agreement (as amended). The parties agree and
intend that the terms and provisions contained in the Agreement (as amended) shall control in the
event of any conflict between any sentence contained in this Memorandum and the terms and
provisions contained in the Agreement (as amended).
Site Name: Boynton Public Works Compound 2
BU# 878211
7. Counterparts. This Memorandum may be executed in counterparts, all of which
together shall constitute one agreement binding on all the parties hereto, notwithstanding that all
such parties are not signatories to the original or same counterpart.
8. Recordation. Tenant, at its cost and expense, shall have the right to record this
Memorandum in the public records of Palm Beach County, Florida, upon the terms and
conditions set forth in the Second Amendment.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY;
SIGNATURE PAGES BEGIN ON FOLLOWING PAGE]
Site Name: Boynton Public Works Compound 3
BU #. 878211
IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum to
be effective as of the Effective Date.
ATTEST: CITY OF BOYNTON BEACH
By:
, City Clerk By: �i�r z
, Mayor
APPROVED AS TO FORM AND Date: j 4n6(' , 2014
LEGAL SUFFICIENCY
r.
u .
office of the Ci , A
Site Name: Boynton Public Works Compound 4
BU#: 878211
WITNESSES: STC FIVE LLC,
a Delaware limited liability company
€A. cova � — By: GLOBAL SIGNAL ACQUISITIONS II LLC,
a Delaware limited liability company
Print Name: vo its Attorney -in -Fact
rdilL Mr
•
By:
Print Name: J QX'PI L-e_.e. Name: i . . , •
Title:
THE STATE OF TSs § RET Manager
COUNTY OF t-i-,462 Q IS
The foregoing Memorandum of Second Amendment to Lease Agreement for
Telecommunication Tower Site was acknowledged before me this 4 3 day of ,
U
2014, by f 4 G,/ O j i MAI)4 e( of Global Signal Acquisitions II LLC, a
Delaware limited liability company, the Atrney -in -Fact of STC FIVE LLC, a Delaware
limited liability company, for and on behalf of said entity and for the purposes, intents and
consideration stated in the foregoing Memorandum of Second Amendment to Lease Agreement
for Telecommunication Tower Site. He /She is personally known to me or has produced
as identification.
In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and
said witnesses, on the date set forth above. `�y
Signature of Notary / Public
g �"y
Cardin 1 Moores
Printed Name of Notary Public:
My Commission Expires: [Seal]
J.
� � - `' EXPiREL��
. �� L17
Site Name Boynton Public Works Compound 5
BU #: 878211
EXHIBIT A
TOWER PARCEL:
THAT PART OF LOTS 2 AND 3, BLOCK 1, CONGRESS GROVE, AS PER THE PLAT
THEREOF RECORDED IN PLAT BOOK 13, PAGE 63 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, SITUATED IN THE
NE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND NAIL AND DISK AT THE POINT OF INTERSECTION OF
THE CENTERLINE OF NE 1ST STREET (50 FOOT WIDE RIGHT -OF -WAY) WITH THE
CENTERLINE OF NE 6TH AVENUE (40 FOOT WIDE RIGHT -OF -WAY) SAID POINT
BEING LOCATED SOUTH 89 °57'13" WEST, A DISTANCE OF 182.04 FEET FROM A
FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF THE CENTERLINE OF
SAID NE 6TH AVENUE WITH THE CENTERLINE OF NE 2ND STREET (50 FOOT WIDE
RIGHT -OF -WAY); THENCE NORTH 01°21'11" WEST ALONG SAID CENTERLINE OF NE
1ST STREET FOR 168.61 FEET TO A FOUND 1/2" IRON ROD AT THE POINT OF
INTERSECTION OF SAID CENTERLINE OF NE 1ST STREET WITH THE CENTERLINE
OF NE 7TH AVENUE (50 FOOT WIDE RIGHT -OF -WAY); THENCE NORTH 32 °30'41"
EAST FOR 203.05 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 °54'40"
EAST FOR 40.50 FEET; THENCE NORTH 00 °30'13" WEST FOR 16.50 FEET; THENCE
SOUTH 89 °46'34" EAST FOR 30.00 FEET; THENCE SOUTH 00 °30'13" EAST FOR 57.00
FEET; THENCE NORTH 89 °46'34" WEST FOR 31.00 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,730 SQUARE FEET (0.04 ACRES), MORE OR LESS.
Site Name. Boynton Public Works Compound 6
BU# 878211
EXHIBIT A - CONTINUED
20 -FOOT WIDE NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT:
THAT PART OF LOTS 2 -7, BLOCK 1, CONGRESS GROVE, AS PER THE PLAT THEREOF
RECORDED IN PLAT BOOK 13, PAGE 63, AND LOTS 121 AND 136, ARDEN PARK, AS
PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 96, AND THE
VACATED RIGHT -OF -WAY OF ORANGE STREET, AS PER THE DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 2312, PAGE 959, ALL IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NE 1/4 OF THE
SE 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A FOUND NAIL AND DISK AT THE POINT OF INTERSECTION OF
THE CENTERLINE OF NE 1ST STREET (50 FOOT WIDE RIGHT -OF -WAY) WITH THE
CENTERLINE OF NE 6TH AVENUE (40 FOOT WIDE RIGHT -OF -WAY) SAID POINT
BEING LOCATED SOUTH 89°57'13" WEST, A DISTANCE OF 182.04 FEET FROM A
FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF THE CENTERLINE OF
SAID NE 6TH AVENUE WITH THE CENTERLINE OF NE 2ND STREET (50 FOOT WIDE
RIGHT -OF -WAY); THENCE NORTH 01°21'11" WEST ALONG SAID CENTERLINE OF NE
1ST STREET FOR 168.61 FEET TO A FOUND 1/2" IRON ROD AT THE POINT OF
INTERSECTION OF SAID CENTERLINE OF NE 1ST STREET WITH THE CENTERLINE
OF NE 7TH AVENUE (50 FOOT WIDE RIGHT -OF -WAY); THENCE NORTH 32°30'41"
EAST FOR 203.05 FEET TO THE SOUTHWEST CORNER OF A TOWER PARCEL;
THENCE NORTH 00 °54'40" EAST ALONG THE WEST LINE OF SAID TOWER PARCEL
FOR 15.03 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE
HEREIN DESCRIBED 20 FOOT WIDE INGRESS AND EGRESS EASEMENT; THENCE
NORTH 89 °0520" WEST FOR 10.00 FEET TO AN INTERSECTION WITH A LINE THAT IS
PARALLEL WITH AND OFFSET 10.00 FEET WEST OF SAID WEST LINE; THENCE
NORTH 00 °54'40" EAST ALONG SAID PARALLEL LINE FOR 25.35 FEET; THENCE
NORTH 00 °30'13" WEST ALONG SAID PARALLEL LINE FOR 39.91 FEET; THENCE
NORTH 89 °56'33" EAST FOR 263.43 FEET; THENCE NORTH 01 °02'00" WEST FOR 245.54
FEET TO AN INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF NE 9TH
AVENUE AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 11,690 SQUARE FEET, MORE OR LESS.
Site Name: Boynton Public Works Compound 7
BU #: 878211
EXHIBIT A — CONTINUED
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Site Name Boynton Public Works Compound 8
BU #' 878211