R00-092RESOLUTION NO. R00-,¢¢,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO LEASE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND BELLSOUTH
MOBIILTY, INC, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the parties entered into an Option and Lease Agreement, dated
February 1, 1995; and
WHEREAS, the parties wish to modify certain terms an d conditions of the
Lease as provided in the attached Agreement;
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
does hereby authorize and direct the Mayor and City Clerk to execute an
Amendment to Lease Agreement between the City of Boynton Beach and BellSouth
Mobility, Inc., said Agreement being attached hereto as Exhibit '%".
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this /2¢ day of July, 2000.
Commissioner
ir Cit:CClerk
AMENDMENT TO LEASE AGREEMENT
THIS AMElhlDMENT TO LEASE AGREEMENT ("Amendment") is made this
_ ./ day of (.~~ , 2000 (the "Effective Date"), by BELLSOUTH
MOBILITY INC., a Georgia corporation ("BellSouth") and ~ CITY OF BOYNTON
BEACH, a municipal corporation of the State of Florida ("Landlord").
TIL4T WHEREAS, Landlord and BellSouth are pa~es to that certain Option and Lease
Agreement dated as of February 1, 1995 (the "Lease"), the terms of which are incorporated
herein by reference, whereby BellSouth leases certain real property located in Palm Beach
County, State of Florida, as such property is more particularly described in the Lease (the
"Property"); and
WI~REAS, the parties wish to modify certain terms and conditions of the Lease as
provided herein.
NOW THE~REFORE, for the mutual covenants and premises herein, and other good
and valuable consideration, the receipt and sufficiency of which is hereby mutually
acknowledged, the undersigned parties, intending to be bound, hereby agree as follows:
I. Status of Parties. The parties each acknowledge that, m the best of its knowledge,
the other party bas complied in all .material respects with the Obligations under the Lease
accruing on or prior to the date hereof and that, to the best of its knowledge, the other party is not
in default under the terms of the Lease.
2. Amended Lease Term,, Attached to this Amendment and incorporated herein by
reference are a total of three (3) riders to this Amendment (the "Riders"). The Riders set forth
certain specific terms of amendment to the Lease. Except as expressly modified by the Riders,
~ Lease remains unchanged and '~n full force and effect.
3. Capitalized Terms~ Capitalized terms not otherwise def'med herein shall have the
meanings se~ in the Lease.
4. Recordation. At the request of either party, a memorandum of this Amendment, or
an amendment to any previously recorded memorandum or short form of lease, shall be executed
by the parties and recorded in the proper recording office.
BRA 270 (CITY OF BOYNTON BEACH}
MI1A87672~01\1VNC01 !.DOCX39632.0005
ll'q WITNESS WllE~OF, the undersigned have executed this Amendment the day
and year first above written.
Georgia corporation
Printed Name: Steohen A. Brake,
Title: Assistant Vice Pra-~ict~.nt
Print Name:
LANDLORD:
THE CITY OF BOYNTON BEACH, a municipal
co o on o,
Printed Name:
Title:
BellSouth's Initials:
BellSouth Site No.: Landlord's Initials:
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Boymo~ B~.h Ammdmmt Bm 270
MI I :\87672~01 \1VNC01 !.DOCB9632.0005 2
RIDER 1: MONTm~Y RENTAL RATE
All references in Section 4 of the Lease shall be and are hereby modified to provide that,
commencing the Effective Date, and continuing through the remainder of the current Lease term,
t_th~-~ rental payable under the Lease shall be Fifteen Thousand and No/100 Dollars
($15,000). Rent shall otherwise continue to be due and payable in the manner currently provided
in the Lease.
BellSouth's Initials:
BellSouth Site No.: ~ Landlord's Initials:
Lo~{: C \WII%'DOWS~TEMp~8~m~t Arm~lm~t Form~ do~DocmOix~ Lo~N ~DATA~III~BRADYXA Xt
· : ' ' : OKIVNC01..DOCDo~sOpenNam~#g7672vl.CmwnBellSouth
l~oymon Beach Amendment Bra 270
MI1:~I17672~1\1VNC01 LDOCB9632.~5 3
RIDER 2: ASSIGNMENT AND SUBLEASING
Section 16 of the Lease shall be and is hereby modified to provide as follows: The Lease
may be sold, assigned, licensed or otherwise transferred at any time by BellSouth to BellSouth's
parent company or any affiliate or subsidiary of BellSouth, to Crown Castle International, Inc. or
any of its subsidiaries or affiliates (collectively, "Crown"), to any entity with or into which
BellSouth is merged or consolidated, to any entity resulting from a reorganization of BellSouth,
or to any third party agreeing to be subject to the terms and conditions of the Lease. Otherwise
this Lease may not be sold, assigned, or transferred without the written consent of Landlord, such
consent not to be unreasonably withheld. BellSouth may sublease or sublieense part or all of the
Property, and in the event the Property or any part thereof is subleased or sublieensed to Crown,
Crown may further sublease or sublicense all or any part of the Property to third party tenants,
but in each case BellSouth or Crown (as the ease may be) will provide notice to Landlord of the
sublease/sublieense.
BeliSouth's Initials:
BellSouth Site No.: Landlord's Initials:
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i MI 1 :\87672~01 \1VNC01 !.DOCA39632.0005 4
RIDER 3:
ADDITIONAL CONSIDERATION FOR FREE RIGHT OF ASSIGNMENT
AND SUBLEASING - LUMP SUM PAYMENT
As further consideration for Landlord's willingness to modify Section 16 of the Lease
relating to assignment, subleasing and other transfers as provided herein, BellSouth agrees to
make a one-time payment to Landlord of Two Thousand Dollars and No/100 ($2,000.00)(the
"Fee"). Such Fee shall be payable to Landlord within thirty (30) days after the Effective Date.
BellSouth's Initials: , Landlord's Initials:
BellSouth Site No.:
Local: C:\WINDOWS\TEMl~A. green~nt Amendment Forms.docDoc~-Open Loc:N:'OATA~4II'~BRADY~tGR\I',/NC01LDOCDoc~'Open Nan.: #87672 vi - Crown BellSouth
Boynton Beach Am~lment Bra 270
MI1:\87672~1\1VNC01 !.DOC-~39632.0005 5
BellSouth
Cellular Corporation
1100 Peachtree Street
8th Floor 8G06
Atlanta, GA 30309
FEDERAL EXPRESS
August 2, 2000
City of Boynton Beach
C/o City Manager
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33425-0310
Re: Amendment to Lease Agreement - Cell Site - SF ABBB
2000
CITY
o OFFICE
Dear Lessor:
Enclosed is your copy of the fully executed Amendment to Lease Agreement for SF ABBB.
We have requested a check in the amount of Two Thousand Dollars and 00/100 ($2,000.00) be sent
to you from our Atlanta office within 7 days these monies cover the one-time payment to modify the
lease. Also, effective August 1, 2000 your new annual rent will be Fifteen Thousand Dollars and
00/1 O0 ($15,000.00).
If you have any questions or concerns, please feel free to contact me at 404-249-5088, as I will be
your point of contact. It is the intent of BellSouth Cellular Corp. to maintain an excellent
relationship with each lessor and on behalf of our company, thank you for your continued
cooperation.
ff'~-~erely, ~
Real Estate Administration Specialist
BellSouth Cellular Corp.
Enclosures
CC:
Wendy Bonner - BMI Project Manager
Jim Watkins - Crown Castle
Headquarters - Crown Castle
The City of
Boynton Beach
City Clerk's Office
1 O0 £. Boynton Beach Boul~ard
P.O. Box 310
Bofnton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
July 24, 2000
CHRISTY L. BRADY, ESQUIRE
WELL, GOTSHAL & MANGES LLP
701 BRICKELL AVENUE, SUITE 2100
MIAMI, FLORIDA 33131
RE: RESOLUTION #R00-92 - BELLSOUTH MOBILITY, INC.
Dear Ms Brady:
Attached please find a copy of the above mentioned resolution and a partially signed
Amendment to the Lease Agreement. Please sign where necessary and return to
me a copy of the original document for our Central Files.
If you have any questions, please do not hesitate to contact me.
Sincerely,
CITY OFBOYNTON BEACH
SUE KRUSE, CMC/AAE
CITY CLERK
"An Equal Opportunity/Affirmative Action/ADA Employer"