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R13-045 II ' 1 RESOLUTION NO. R13- 04E 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE EXECUTION OF THE 6 ELEVENTH AMENDMENT TO THE TOWER SITE 7 LEASE AND JOINT USE AGREEMENT BETWEEN 8 , THE CITY OF BOYNTON BEACH AND NEW 911 CINGULAR WIRELESS PCS, LLC AND PALM BEACH 10 1 COUNTY, FLORIDA FOR THE 11 ! TELECOMMUNICATIONS TOWER AT THE 12 1 ROLLING GREEN MUNICIPAL COMPLEX; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, a portion of the Rolling Green Municipal Complex located at 515 NW 17 14 Court has been used for a communications tower constructed by Cingular (f /k/a/ 18 AT &T); and 19 WHEREAS, this tower is primarily shared by various City and County 20 governmental agencies providing emergency services to the area and by Cingular providing 21 cellular phone and data service to its customers; and 22 WHEREAS, the City Police Department and County desire to make modifications 23 to the tower antennas to support future uses along with Cingular requesting approval for the 24 addition of equipment and frequencies to the tower to upgrade their regional network; and 25 WHEREAS, upon recommendation of staff, the City Commission has determined 26 that it is in the best interests of the residents of the City to execute an Eleventh Amendment 27 to the Tower Site Lease and Joint Use Agreement with New Cingular Wireless PCS, LLC., 28 and Palm Beach County, Florida; and 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: \ \apps3 city cbb \auto \Data \178 \Items \170\2457\3171 \Reno_ -_I lth_Amendment_to_Tower Site_Lease(Rollmg_Green) doc �I I 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize execution of the Eleventh Amendment to the Tower Site Lease 6 and Joint Use Agreement with Cingular Wireless and Palm Beach County Communications, 7 attached hereto as Exhibit "A ". 8 Section 3. This Resolution will become effective immediately upon passage. 9 10 PASSED AND ADOPTED this t day of June, 2013. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 - %IY 15 �►�ay — /rry T or 16 17 4L Am, 18 ice Mayor — W . • s row . Hay 19 20 \ \i 21 Commr sie ner — D vid . erker 22 23 It' al 24 •,►mmis ',ner — ichael itzpatrick 25 , 26 k! 0 � 27 C ( i mmissioner — Joe Casello 28 ATTEST: 29 30 31 t. V , • , / " • 32 i J. - t M. Prainito, MMC 33 " ity Clerk 34 0 1-Y -p 35 36 37 38 o to Seal) _. 39 0 ® Cr \ \apps3 city cbb \ auto \Data \178 \Items \170\2457 \3171 \Reno_ -_1 1th_ Amendment_ to_ Tower_Site_Lease(Rolhng_Green) doc