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R12-105
1 ,r 1 RESOLUTION NO. R12 -105 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., 9 EXTENDING THE LEASE FOR EIGHT (8) ADDITIONAL FIVE 10 (5) YEAR TERMS FROM THE INITIAL TERM AND TO 11 INCREASE THE SIZE OF THE LEASE PARCEL BY 100 SQUARE 12 FEET AT 3600 MINER ROAD; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, Sprint has leased property from the City at the City's Water Storage 16 1 Tank at 3600 Miner Road for a telecommunications tower since October 30, 1996; and 17 WHEREAS, the City Commission has determined that it is in the best interests of 181 the residents of the City to execute a Second Amendment to Lease Agreement between the 191 City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L. P., 201 extending the Lease for eight (8) additional five (5) year terms from the initial term and to 21 increase the size of the lease parcel by 100 square feet at 3600 Miner Road. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the Mayor and City Clerk to execute a Second Amendment to 29 Lease Agreement for Telecommunication Tower Site between the City of Boynton Beach 30 and STC FIVE LLC., successor in interest to Sprint Spectrum L.P., extending the Lease for Document m Windows Internet Explorer I 1 eight (8) additional five (5) year terms from the initial term and increasing the size of the 2 lease parcel by 100 square feet at the City's Water Storage Tank at 3600 Miner Road, a copy :3 of the Second Amendment is attached hereto as Exhibit "A ". 4 Section 3. This Resolution shall become effective immediately upon passage. 5 6 PASSED AND ADOPTED this 2 11d day of October, 2012. 7 CITY • BOYNTON BEA! , FLORIDA 8 9 1 <c _ "" '" 10 Mayor - - . row, . a•�� 11 13 , • - • ayor - Mack '• c ray 11 1 � 1: Commi : 'one - - 1 1. Assit _ �t 1 • Co issi . (• ' S n • olzman 2• 21 / 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 V P t hl • ilt:C 27 Jan t M. Prainito, MMC 28 Cl 291 (Co► -- -,► 2 Document in Windows Internet Explorer iI 'I R (a - SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE (this "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 as of October 30, 1996, adopted by Landlord by Resolution 96 -083 on June 18, 1996, and as evidenced by an Affidavit of Recording recorded on June 12, 2012 in Clerks File No. 20120233006, Official Records Book 25262, Pages 1822 -1837 of the Official Public Records of Palm Beach County, Florida; a Memorandum of which was recorded on April 24, 1997 in File No.97- 144272, Official Records Book 9760, Pages 1446 -1449 of the Official Public Records of Palm Beach County, Florida; as modified by that certain Addendum to PCS Site Agreement attached thereto and evidenced by an Affidavit of Recording recorded on August 8, 2012 in Clerks File No. 20120311321, Official Records Book 25377, Pages 0491 -0493 of the Official Public Records of Palm Beach County, Florida (collectively, the "Original Agreement "); and as clarified by that certain Agreement Regarding Ground Lease adopted by Landlord by Resolution 05 -110 on June 21, 2005, and as evidenced by an Affidavit of Recording recorded on August 31, 2012 in Clerks File No. 20120344414, Official Records Book 25423, Pages 1778 -1799 of the Official Public Records of Palm Beach County, Florida (collectively the "Agreement "), whereby Landlord conveyed a lease to Sprint for a portion of land consisting of 800 square feet located at 3600 Miner Road, Boynton Beach, Palm Beach County, Florida 33436 (City of Boynton Beach Water Storage Site) ( "Original Property "), together with access and utility easements thereto, as more particularly described in the Agreement. WHEREAS, Tenant desires to lease from Landlord, and Landlord agrees to lease to Tenant, additional land adjacent to the Original Property consisting of 100 square feet ( "Additional Property ") for a total lease area of 900 square feet (the "Leased Property ") WHEREAS, the Leased 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 Site Name: City of Boynton Bch Water Stor 1 BU #: 878215 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 Amendment for all purposes. 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. Additional Land; Legal Description of the Property; Exhibit A. Landlord hereby agrees to lease to Tenant the Leased Property in the location depicted on Exhibit A attached hereto. The parties hereby agree that the correct legal description for the Leased Property, and correct legal description for the non - exclusive ingress and egress and utility easements thereto, leased by Tenant are attached hereto as Exhibit A -1, Exhibit A -2, and Exhibit A -3 respectively; which exhibits are incorporated herein by reference for all purposes. Accordingly, the Agreement is hereby amended by deleting Exhibit A attached thereto and replacing it with the Exhibit A, Exhibit A -1, Exhibit A -2, and Exhibit A -3 that are attached hereto. Exhibit A, Exhibit A -1, Exhibit A -2, and Exhibit A -3 attached to this Amendment shall supersede and replace the legal descriptions that are attached to the Agreement as descriptions for the Leased Property and the ingress and egress and utility easements. 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 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 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. Site Name: City of Boynton Bch Water Stor 2 BU #: 878215 7. Rent Adjustment. On the first day of the second full month following the full execution of this Amendment, the annual rent shall increase to $20,295.38. Following such increase, the annual rent shall continue to adjust pursuant to the terms of the Agreement, as amended herein. 8. 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 #878215— City of Boynton Bch Water Stor 6391 Sprint Parkway Overland Park, Kansas 66251 -2650 Attn: Marion S. Crable, Manager with a copy to: Global Signal Acquisitions II LLC c/o Crown Castle USA Inc. Re: Cell Site #878215— City of Boynton Bch Water Stor 2000 Corporate Drive Canonsburg, Pennsylvania 15317 Attn: Legal Department 9. Extension Term Rent. Section 6.03 of the Agreement is hereby amended by deleting the current text and inserting the following: "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." 10. 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 Amendment by both parties. 11. 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. Site Name. City of Boynton Bch Water Stor 3 BU #: 878215 (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. 12. IRS Form W -9. Landlord agrees to provide Tenant with a completed IRS Form W -9, or its equivalent, upon execution of this 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 Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 13. Authority. Landlord represents and warrants that, as of the date of this Amendment, Landlord is duly authorized and has the full power, right and authority to enter into this Amendment and to perform all of the Landlord's obligations under this Amendment and the undersigned has the authority to execute and deliver this Amendment to Tenant. 14. Construction of Documents. Each party hereto acknowledges that this Amendment shall not be construed in favor of or against the drafter hereof. 15. 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 Amendment is hereby amended to be consistent. 16. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 17. Entire Agreement. The Agreement (as amended by this Amendment) embodies the final, entire agreement between the parties with respect to the subject matter of this 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 Amendment. 18. Counterparts. This 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. 19. Recordation. Tenant and Landlord agree that a copy of this 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. Site Name: City of Boynton Bch Water Stor 4 BU #: 878215 20. Governing Law, Jurisdiction and Venue. The Agreement (as amended by this 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. Tenant represents and agrees that it is familiar with all laws, ordinances and regulations. The Agreement (as amended by this 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 Amendment) shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 21. Sovereign Immunity. Landlord is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement (as amended by this Amendment) is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement , (as amended by this 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 Amendment to be duly executed as of the Effective Date. ATTEST: CITY OF BOYNTON BEACH By: , City Clerk By: , Mayor APPROVED AS TO FORM AND Date: LEGAL SUFFICIENCY By: Office of the City Attorney Site Name: City of Boynton Bch Water Stor 5 BU #: 878215 WITNESSES: STC FIVE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Print Name: its Attorney -in -Fact By: Print Name: Name: Title: Date: THE STATE OF § § COUNTY OF § The foregoing Second Amendment to Lease Agreement for Telecommunication Tower Site was acknowledged before me this day of , 2012, by , 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. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] Site Name. City of Boynton Bch Water Stor 6 BU #: 878215 EXHIBIT A AT LINE BOUNDARY SURVEY �- "` , lOTOas R OON.L PA1MC as [AST of �x °.=�- - - - - -- — - - - -74-1-__ -- P ..� �. FON MOM PORT a — Na1*001 — a Mal. ,6 -- .e P UST CONCRETE aAm IMPER Raga 60 34 6 .6PNUi ^ Oro rmT .eE PulEC wa* -a. -wn > (211516 m.IPns P01m�u16 wc E CM. 50 I a 8 Ews, UM OF Rum ii �.: UST, PAN: SEAM ' uroflirW r`)�'M w°aa mless1 °ele.rlm� J — a AawwT , n,s. «(m e..,..�.:w -- - --r .WE .w«T -m -MAT Drnlu,ro«P) ' . g I F / ,.. 115 1 Err IRON Tim ^ _ - - - " \ ` ' e Rosser LIP) 1 —lux I 1 011) P m RAMS. N.M. I' 143 Wm) 1 11„ - ' 1 r \ y 10 216- PUT QOM E/3 PACE PACE 145 I A . 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Site Name: City of Boynton Bch Water Stor 7 BU #: 878215 EXHIBIT A -1 TOWER PARCEL: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712 ", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 °30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89 °29'43" WEST FOR 63.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 °30'17" WEST FOR 45.00 FEET; THENCE NORTH 88 °29'43" WEST FOR 20.00 FEET; THENCE NORTH 01 °30'17" EAST FOR 40.00 FEET; THENCE SOUTH 88 °29'43" EAST FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 900 SQUARE FEET (0.02 ACRES), MORE OR LESS. Tax Parcel No.: 08- 43- 45- 21 -18- 000 -3090 Site Name: City of Boynton Bch Water Stor 8 BU #: 878215 EXHIBIT A -2 20 FOOT WIDE NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712 ", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 °30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89 °29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 45 FEET TOWER PARCEL; THENCE SOUTH 01 °30'17" WEST ALONG THE EAST LINE OF SAID TOWER PARCEL FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT; THENCE SOUTH 88 °29'43" EAST FOR 10.00 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET EAST OF THE EAST LINE OF SAID TOWER PARCEL; THENCE NORTH 01 °30'17" EAST ALONG SAID PARALLEL LINE FOR 121.38 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT -OF -WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 2,628 SQUARE FEET (0.06 ACRES), MORE OR LESS. Site Name: City of Boynton Bch Water Stor 9 BU #: 878215 EXHIBIT A -3 10 FOOT WIDE NON - EXCLUSIVE UTILITY EASEMENT: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712 ", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 °30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89 °29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 40 FEET TOWER PARCEL; THENCE CONTINUE NORTH 88 °29'43" WEST ALONG THE NORTH LINE OF SAID TOWER PARCEL FOR 5.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE NON- EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 01 °30'17" EAST FOR 85.49 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT -OF -WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 855 SQUARE FEET (0.02 ACRES), MORE OR LESS. Site Name: City of Boynton Bch Water Stor 10 BU #: 878215 PREPARED OUT -OF -STATE BY: David F. Webber Singleton Cooksey PLLC Attorneys at Law 6363 Woodway, Suite 600 Houston, Texas 77057 RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: n Crown Castle R t a; - 10 1220 Augusta, Suite 500 Houston, Texas 77057 Tax Parcel No.: 08- 43- 45- 21 -18- 000 -3090 Cross References: File No. 97- 144272, Book 25262, Page 1822 Book 9760, Page 1446 Official Public Records of Palm Beach County, Florida MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE (the "Memorandum "), 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 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33425 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 as of October 30, 1996, adopted by Landlord by Resolution 96 -083 on June 18, 1996, and as evidenced by an Affidavit of Recording recorded on June 12, 2012 in Clerks File No. 20120233006, Official Records Book 25262, Pages 1822 -1837 of the Official Public Records of Palm Beach County, Florida; a Memorandum of which was recorded on April 24, 1997 in File No.97- 144272, Official Records Book 9760, Pages1446 -1449 of the Official Public Records of Palm Beach County, Florida; as modified by that certain Addendum to PCS Site Agreement attached thereto and evidenced by an Affidavit of Recording recorded on August 8, 2012 in Clerks File No. 20120311321, Official Records Book 25377, Pages 0491 -0493 of the Official Public Records of Palm Beach County, Florida (collectively, the "Original Agreement "); and as clarified by that certain Agreement Regarding Ground Lease adopted by Landlord by Resolution 05 -110 on June 21, 2005, and as evidenced by an Affidavit of Recording recorded on August 31, 2012 in Clerks File No. 20120344414, Official Records Book 25423, Pages 1778 -1799 of the Official Public Records of Palm Beach County, Florida Site Name: City of Boynton Bch Water Stor 1 BU #: 878215 (collectively the "Agreement "), whereby Landlord conveyed a lease to Sprint for a portion of land consisting of 800 square feet located at 3600 Miner Road, Boynton Beach, Palm Beach County, Florida 33436 (City of Boynton Beach Water Storage Site) ( "Original Property "), together with access and utility easements thereto, as more particularly described in the Agreement. WHEREAS, the parties entered into that certain Second Amendment to Lease Agreement for Telecommunication Tower Site dated as of the date hereof (the "Amendment "), in order to, among other things, (i) lease to Tenant an additional 100 square feet parcel adjacent to the Original Property for a total lease area of 900 square feet (the "Leased Property "), and (ii) extend the term of the Agreement, all upon the terms and conditions more fully set forth therein. WHEREAS, the Leased 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 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 Amendment as follows: 1. Initial Term Commencement Date. The parties ratified and affirmed in the 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 Amendment and /or the Agreement, as applicable. 3. Legal Description of the Property; Exhibit A. Exhibit A to the Agreement was deleted in the Amendment and replaced with new Exhibit A, Exhibit A -1, Exhibit A -2, and Exhibit A -3 that are attached hereto. The Exhibit A, Exhibit A -1, Exhibit A -2, and Exhibit A -3 attached hereto accurately describes the Leased Property leased by Tenant and the non- exclusive ingress and egress and utility easements thereto. 4. Renewal Term. Paragraph 5.02 of the Agreement was modified in the 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 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 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 Site Name: City of Boynton Bch Water Stor 2 BU #: 878215 of any conflict between any sentence contained in this Memorandum and the terms and provisions contained in the Agreement (as amended). 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 and Landlord agree that a copy of this Memorandum shall be recorded in the public records of Palm Beach County, Florida upon execution of this Memorandum. The cost for recordation shall be paid by Tenant. 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: , Mayor APPROVED AS TO FORM AND Date: LEGAL SUFFICIENCY By: Office of the City Attorney Site Name: City of Boynton Bch Water Stor 3 BU #: 878215 WITNESSES: STC FIVE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Print Name: its Attorney -in -Fact By: Print Name: Name: Title: Date: THE STATE OF § § COUNTY OF § The foregoing Memorandum of Second Amendment to Lease Agreement for Telecommunication Tower Site was acknowledged before me this day of , 2012, by , 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 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. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] Site Name: City of Boynton Bch Water Stor 4 BU #: 878215 EXHIBIT A �_... --:- BOUNDARY SURVEY IN 00013 - - -�- - - EMICR 101114111EOM rR TO 46 Ea PAM 4e EMT o RE Enure EAmaN __ - - - - - - - .44 w 2201°" K PONT PALO or 001 10N®prt r - rROre AST CORNER a EcTTa a CE 42 8 TM.. .e m ELM. [wsr Pr. SEAM -- _ -� _ CENiGUE� W ROA _ _ �- - Y caIOC CANS ....."*".".."."..........."....“...77"....""..'' 0 ASR AL Y A.NALT ROAD ( n m rem NW .6 00004 -a. -.. i FART Ara Cr :0160 to ' 5 000 0 0 O ' "' �'2 EAST RAW BEAM Kra OF =WRVS COMM Or MAW w1.""°'At /, 4ECE sCRTs S , _ � (o) -r ri1O� _ .r' - _ _ - - - \Y MOE 000,0 -6 -t.v cEduTnx(v) raRO , n • nW Xoo - - - - - • -• ^' M' H 3 % " *w ' 127:021 riicE t6 mACT C (NO ..10RTRCA117 .2! 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F lamO wa Map Site Name: City of Boynton Bch Water Stor 6 BU #: 878215 EXHIBIT A -1 TOWER PARCEL: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712 ", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 °30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89 °29'43" WEST FOR 63.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 °30'17" WEST FOR 45.00 FEET; THENCE NORTH 88 °29'43" WEST FOR 20.00 FEET; THENCE NORTH 01 °30'17" EAST FOR 40.00 FEET; THENCE SOUTH 88 °29'43" EAST FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 900 SQUARE FEET (0.02 ACRES), MORE OR LESS. Tax Parcel No.: 08- 43- 45- 21 -18- 000 -3090 Site Name: City of Boynton Bch Water Stor 7 BU #: 878215 EXHIBIT A -2 20 FOOT WIDE NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712 ", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 °30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89 °29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 45 FEET TOWER PARCEL; THENCE SOUTH 01 °30'17" WEST ALONG THE EAST LINE OF SAID TOWER PARCEL FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT; THENCE SOUTH 88 °29'43" EAST FOR 10.00 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET EAST OF THE EAST LINE OF SAID TOWER PARCEL; THENCE NORTH 01 °30'17" EAST ALONG SAID PARALLEL LINE FOR 121.38 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT -OF -WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 2,628 SQUARE FEET (0.06 ACRES), MORE OR LESS. Site Name: City of Boynton Bch Water Stor 8 BU #: 878215 EXHIBIT A -3 10 FOOT WIDE NON - EXCLUSIVE UTILITY EASEMENT: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712 ", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01 °30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89 °29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 40 FEET TOWER PARCEL; THENCE CONTINUE NORTH 88 °29'43" WEST ALONG THE NORTH LINE OF SAID TOWER PARCEL FOR 5.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE NON- EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 01 °30'17" EAST FOR 85.49 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT -OF -WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 855 SQUARE FEET (0.02 ACRES), MORE OR LESS. Site Name: City of Boynton Bch Water Stor 9 BU #: 878215