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R01-200RESOLUTION NO. R01- ~oo A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON' i BEACH, FLORIDA,` AUTHORIZING A2'4I) DIRECTIN~ T~ MAYOR CITY CLERK TO EX~CUTE A LEASE AOREEMF-NT BETWEEN THE CITY OF BOYNTON FLORIDA AND SPRINT SPECTRUM PERMITTING THE MONO POLE CELL SE^cREST BOtmEVAP, O); ~ ~ROV~mO EFFECTIVE DATE. WHEREAS, upon recommendation Of staff, the City Commiss :hat it is in the best interests of the residents of the City to execute between the City of Boynton Beach and Sprint Spectrum L. P., location ora 144-foot Monopole located at Hester Park (1901 Seacres NOW, THEREFORE, BE IT RESOLVED BY THE CIT' OF THE CITY OF BOYNTON BEACH, FLORID& THAT: Section 1. The City Commission of the City of Boynton hereby authorize and direct the Mayor and City Clerk to execute between the City of Boynton Beach and Sprint Spectrum, L.P., subj and provisions as indicated in the Agreement, including the processin conditional use application for the proposed telecommunications t Hester Park. Section 2. passage. PASSED AND ADOPTED this That this Resolution shall become effective day of June, 2001. CITY OF BOYNTON on has determined Lease Agreement nd permitting the Blvd.); and f COMMISSION each, Florida does Lease Agreement to all conditions : and approval of a wer at the City's immediately upon ACH, FLORIDA Commissioner ~This inst~h~ent prepared by: Karen E. Roselli KAREN E. ROSELLI P.A, 222 Lakeview Avenue, Suite 260 ~ ~",-~est Palm Beach, FL 33401 .=turn this instrument to: ~/'~r<aren E. Roselli KAREN E. ROSELLI P.A. 222 Lakeview Avenue. Suite 260 West Palm Beach, FL 33401 Do not write above this line - this space reserved for recording purposes April 99 Site Name: Boynton Beach (Hester Park Ball Field) PCS Site Agreement Site Address: 1901 Sescrest Blvd., Boynton Beach, FL 33425 Memorandum of PCS Site Agreement This memorandum evidences that a lease was made and entered into by written PCS Site Agreement ~etweer THE CITY OF BOYNTON BEACH ("Owner") and Sprint Spectrum L.P., a Delaware limited Such Agreement provides in part that Owner leases to SSLP a certain site ("Site") located at 1901 33425, City of Boynton Beach, County of Palm Beach State of Flodda. within the propeAy of Owner which is hereto, with grant of easement for unrestricted rights of accessthereto and to electric and telephone fa .~cpmmencmgon Jo.~ .~' , 2001, which term is subject to four (4) additional five (5) yeal WITNESS WHEREOF. the parties have executed this Memorandum as of the day and year first al "OWNER .... SSLP" City of Boynton Beach, Florida By: Name: Title: Address: P.O. Box 310, I~ovnton Beach, J:L 33425-0310 Witnesses as to Owner.' ~ Sprint Spectrum L.P., a Delawal Title: Director, South East Reqion Address: 1357 Hembree, Suite 1~00 Roswell, Georqia 30076 Attach Exhibit A - Site Description Site ID: MI54XC083 lated dU.e,~. ~' , 2001, artnership ('SSLP"). acrest Blvd., Boynton Beach, FL described in Exhibit A attached ~itities for a term of five (5) years extension periods by SSLP, ove written limited oartnership !ifil::~:,:"':illlllfli!lJllJJJJ:lll ,mi J II i 0 Z !1 _~11 / / ill !~ i: '1 I l / / ii¸ Il' II¢lJJ~ 1 UULILIL~ i PCS SITE AGREEMENT Site Name BOYNTON BEACH--(HESTER PARK BALL FIELD) ,~ddj'eSS: 1~01 SeaCrest Blvd., Boynton ~-==--=h, FL 3342S ~-.~.-.~emises and Use~ Owner, CITY OF BOYNTON BEACH; leases to Sprint spectrum LP., a Delaware lin deasn~ed be~. [Check appropEate bOX(es)] , , ~ LandCensiSting0faPpro~dmately30 x60 squamf,eetuPonwh~chSSLPwillconstruct~s equipmentbesestafionand 5~] SPace required~o~,~ ~bte runs to cen~ PCS equipment and antennas, in the ~on(S) (Site )Sh°w~ en EXh bit A-'I (legal descHption)~ and Exhib.it A-2 (drawi,n..gs pr .~?:1 by ARC, ~ shall be replaced in the future with final Owner approved construction or as--built dravangs), together f~ the pu~ of facility ~PCS"), storage tar.ks}, April 99 Site L D. MI MXCO~3 ~ed partnership ~'SSLP'), tile site antenna structure; ~DIS~ GERAGHTY & MILLER and, vith a no~-m(diusive easement for in the discretion of SSLP, SOUrce of e~ and telephone fac~liti, s. The Site will be used by SSLP modif~ng, maintainbg and operating; at its expenae~ a ~1 communications sewice system limitation; a ~, antenna equ!pmeflt, cable va~ng, beck-.u..p ~ sou~ :(mdiu. ding generators and ! the S~te, an ante,?a st~cture. SSLP w~ll use the Site !n a menne~l which vail no~ unreasonably disturb and Owner have the refit due unless aggregate pay 0fa building pendit, On the date that to ~e Ownar be increased of (198284=100) di~ued). In .o e lass tha~ the amOUnt of the that ., or assign Rs rights when sent via KS 66251- operation oft~e obtaining any wear and tear and are in subetandat will s~betanfidily the COmmencement Date or any Likewise, Owner will n~ I equipment or (b) ~ install or ira. prove -,_xisting utilities In the ~ a sub meter for water including Signing any easement or Termina?on: ..SS?_.r~a.y_ termin~t_e this. Agr_~nt at any time by notice .t.o Owner without further liability if {~SLP does not obtain all permits or appr?~s {c~?c~vay, ~..prat) required from a?y ...go~. mental a~he~:y or any eessments required fromany third party to operate the POS syn. efl?,.or..~..any such approva! ~s ca_r~.~! expires ..or is .v, ffhdraw~ ? terrn~naled, or if Owner fails to have proper bwnership of the Site or auth~ to emor ~nm m~s Agreement, or if SSLP, m its sois discretion, dete~nmes based upon changes or ddvar~ h3 technOloev since the tim,, ~.~C~mmencerne~ Dale that the further use of the Site for its intended purpose by SSLP is impract~d, nefrmient or ~3thenvise u~n'feasibis for '~'*~t~ De. fa, ult, .If.either .party is in default under this A.qreement for a period of (a) 15 days following receipt of notk · from the non-defau~ing party with -~=~3ec[ m a ?arault which may be cured selely by the payment of money, or (b) 30 days following receil~ of nddc .~ from the non-defaurang part~ w~h respect to a default which may not be cured solely by the payment of money, then in either e~al the non-:de,au ing pa~'y may pursue any remedies available to it against the defaurang par~ undeE applicable law, including, but hal limited to 'the right to te~Tninale t =~ m..a.y, n~t ~bly bp .?amd within a ~ ~,;this Agreement may hal he terminated if the defaultingparb'~is Agreement.commenceslf actionthe nea-monetan/fo cure the rau~ within such 30:day pe~od and proceeds w~h due diligence to fu ly cure the default. c?m.s W of ow ip, of the S by th* ind*mn party. ,~ ~,j~n,~,y ~ mx ap...pq m .any. cia.ires ansmg from the ssis negl~ence or mtentisnal misconduct of the indemniti party. The ind~nn~ obligations under th~s Paragraph vail sunave terminatk~ of this Agreement. ?_,~..~, ~, _ ~a., r~.~,;~o~e~ or aa~g~,ou$ n any appacame/ecleml, state or Iocal:isw or regulation SSLP wi# not introduce or use any such suosmnc~ on me ~ite in violsson:ofany applicable l~v. - . ..~ ~n~x~='-c~Ss~a~'l~W~*L~eth~Se~nsi~ -f~-~pa~ Lof '" ,p ,p ,p ,p ,p ,p ,p ,p ,pe~ pro[=en'y taxes assessed directly upon and arising solely from its use of the . ~ ~. .* !~y~ urn, . ....a~:r~na~pay~o ~w~eranymcrease nreai property taxss altributabissolalyfo anvimprov~ .- _ ementsto the Site made _b_y_?~:5._P. ~(ithm ~ cl..a~ .a _~_,recel~;..of.~: ~do~u.. m~nta~ ,ndisating calcuisti~l, of SSLP~ allare of such rea~ estate taxes and payment of the ,000,000 Such he named aS an ado"r~nal insured 20.'. ~ paztiss to this SSLP, Owner agrees prorapb~ fo (including the Exhibits) repmsenistions, p~emises or s; (e) if any provision of this persons other alid and enfa'ceable fo the proceeding to enforce expenses frorn the non- The f01iswi~ng Exhibits are attached to and made a pert :of this ~: Exhibits A-1 (Legal Description), A-2 GERAGHTY & SaLLER), and ~.(M~Um Of ~), OWNER: CITY OF BOYNTON BEACH Its: S.S./Ta0( No.: Address:__ P.O. Box 3'10. Bovnton BeaCh. FL 33425-0310 Sprint Spectrum LP. a Delawa~e~r~rnited partnership ~B~mes W. Greene SE$* ~-. :' ector .......................................... ,: Attach ExhFait A - Site Desctip'don and Exhibit B - Memorandum of PCS Site Agreemen k"awings prepared by ARCADIS, EXHIBIT A Site Name: Boynton Beach [Hester Park Ball field) PCS Site Agreement Site Address: 1901 Seacrest Blvd., Boynton Beac~ FL 33425 Site Description Site situated in the City of Boynton Beach, County of Palm Beach, State of Flodda, commonly described as follows: Legal Description: April 99 Site ID: MIE4XC0~3 Sketch of Site: Owner initials ~ .... LP initials ~,f~ e: Owner ami $SLP ma,~ SSLP's option, replace this F_)~h~ ~ an exhibit setting forth the legal desorip~n of tt~ ~,..~ted and/or an as-built drawing depicting the Site. 0perry on which the Site is *[Use this Exhibit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Optian Agreement and Memorandum of Option Agreement.] l ! ! rTM ~ '~'~ *~41 Ill ,l il ,Iii II ill lil~' 1 ill · ! ~:t ~t I I I I .J " i ii Ii [iii Iii illj Jli Ji,lh ;,Id, . I' This instrument prepared by: Karen E. Roselli KAREN E. ROSELLI PA. 222 Lakeview Avenue, Suite 260 west Palm Beach, FL 33401 Retum this instnanent to: -~.Karen E. Roselli KARENE. ROSELLI P.A. 222 Lakeview Avenue, Suite 260 West Palm Beach, FL 33401 Do not write above this line - this space reserved for recording purposes EXHIBIT B Site Name: Boynton Beach (Hester Park Ball Field) PCS site Agreement Site Address: t901 Seacrest Blvd., Boynton Beach, FL 3~42~ Memorandum of PCS SiteAgraement This memorandum evidences that a lease was made and entered into by written PCS Site Agreement between THE CITY OF BOYNTON BEACH ('Owner') and Sprint Spectrum L.P. a Delaware limited Such Agraement provides in part that Owner leases to SSLP a certain site ("Site') located at 1901 Se; 33425, City of Boynton Beach, County of Palm Besc~ S~ate of Flora, within the property of Owner which is hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone fa~ ~ommenc~ng on ~ 2001, which term is subject to four (4) additional five (5) year N WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first ab "OWNER" "SSLP" ApH199 Site ID: MIS4XC083 ted J(4n 5' ,2ool, rtnerahip ("SSLP'). ~crast Blvd., Boynton Beach, FL Jescribed in Exhibit A attached ilities for a term of five (5) years .~ension periods by SSLP. ~ve written. By:City of Boynton/~///~ By:Beach' FloridI ./~ .. Sprint~Z~_. ~. ~~' ~Spectrum L.P., a_ Delaware limited partnership Name: ~--~..f'O~ F. '""~CO~--.t~;ftC~ Na~/-: j: JamesW. Greane Title: __ Address: P.O. Box310. Bo'mten Beach. FL 33425-0310 Title: Director. South EastReqion Address: 1357 Hembrae, Suite 100 Roswell, Georqia 30076 Attach Exhibit A - Site Description Witnesses as to Owner. Witnesses as to SSLP: OWNER NOTARY BLOCK: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoin~g instrument was acknowl, edged before me this of , a Florida municipal corporation, on behalf of the municipall corporation. (AFFIX NOTARIAL RI:Al ~, -- ~'.,~.~ EXPIRES: February 24,~04 ,2001, (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC--STATE OF My commission expires:~ / ~ $SLP NOTARY BLOCK: STATE OF i~ COUNTY OF ~ (PRINTED, TYPED OR STAMPED NAN E OF NOTARY) COMMISSION NUMBER: ~C ~/'. ~-'~4:) ~ ~he foregoing instrument was acknowledged before me this ~ dayof //~ ~_.~ ,2001, by Sprint spectrUmAFFiX NOTARIAL SEALL'P" a Delaware limited partnership, who executed~ ' ~the foregoing in .~u ment~all~(~.of such corporation. ( ) (NO IT21RyA Lp~BOuTA RYC--SSIGTATN~E O~FFR E)~'~ ' My---.-: (PRiNTEDt TYPED OR STAMPED NAME OF NOTARY)