R01-294RESOLUTION NO. ROi- ~q
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A FIRST AMENDMENT
TO LEASE AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND SPRINT
SPECTRUM L.P.. PERMITTING SPRINT TO LEASE AN
ADDITIONAL PARCEL OF REAL PROPERTY AT 229
N.E. 9TM AVENUE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission has determined that it is in the best im~ests of
Ire residents of the City to execute a First Amendment to Lease Agreement between the
City of Boynton Beach and Sprint Spectrum L. P., permitting Sprint to lease an additional
oarcel of land located at 229 N.E. 9th Avenue, for the purpose of allowing installation,
~eration and maintenance of additional telecommunications equipment proposed by
BellSouth Mobility, LLC, a Georgia hmited liability company, by its sole member,
~ingular Wireless LLC, (Cingular) by way of a sublease to Cingular; and
NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION
OF TItE CITY OF BOYI'qTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
aereby authorize and direct the Mayor and City Clerk to execute a First Amendment to
Lease Agreement between the City of Boynton Beach and Sprint Spectrum, L.P., subject
.o all conditions and provisions as indicated in the original Agreement, dated August 13,
1996.
Section 2. That this Resolution shall become effective immediately upon
~assage.
PASSED AND ADOPTED this ~ day of November, 2001.
ATTEST:
Clerk
II
· ommissioner
Commissioner
FIRST AMENDMENT TO
LEASE AGREEMENT FOR TELECOMMUNICATION TOWER
THIS FIRST AN[ENDMENT entered into this (~ day of tq~,~m~)~, 2001,
by and between:
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, with a
business address at 100 E. Boynton Beach Boulevard. Boynton Beach, Florida,
(hereinafter referred to as "CITY")
and
SPRINT SPECTRUM L.P., a Delaware limited partnership, with a business
address of 1357 Hembree Road, Suite 250, Roswell, Georgia, 30076, (hereinafter referred
to as "TENANT" or "SPRINT").
WITNESSETH:
WHEREAS, on or about August 13, 1996, CITY and SPRINT entered into a
Lease Agreement for Telecommunication Tower Site ["Lease Agreement") for certain
real property located at 222 N.E. 9th Avenue, Boynton Beach, Florida (the "Site"); and
WHEREAS, SPRINT desires to lease an additional parcel of real property at the
Site for the purposes of allowing the installation, operation and maintenance of additional
telecommunications eqmpment proposed by BellSouth Mobility Limited Liability
Company, a Georgia LLC d/b/a Cingular Wireless, ("CINGULAR") by way of a sublease
to Cingular; and
WHEREAS, the Lease Agreemcmt requires CITY approval prior to any co-
location on the Site;
NOW THEREFORE, in consideration of the promises and mutual covenants
contained herein, the parties agree as follows:
A. Modification of Section 1.01: In addition to the Proper~y referred to in
the Lease Agreement, CITY leases to TENANT the additional parcel of real property
situated in Boymon Beach, Palm Beach County, Florida, more particularly described in
Exhibit "A" - First Amendment attached hereto and incorporated herewith,
(hereinafter referred to as "Additional P~roperty"). Additional Property is located at 222
N.E. 9th Avenue in the City of Boynton Beach, Florida.
CITY additionally leases to TENANT a non-exclusive easement for ingress and
egress, 7 days a week, 24 hours a day, on foot or motor vehicles, including tracks and for
installation and maintenance of utility wires, cables, conduits and pipes over, under or
along a 20 foot wide easement extending from nearest public right-of-way, as shown in
Exhibit "B" - First Amendment, attach[ed hereto and incorporated herewith.
Page I1 of 3
B. Rent for Additional Property: Rent for the Additional Property will
commence on the Rent Start Date, and will be paid armually in advance on each
anniversary of the Rent Start Date. The Rent Start Date for the Additional Property shall
be simultaneous x~Sth the issuance m TENANT or CINGULAR of a Certificate of
Completion for the Additional Property by CITY. The annual rent shall be Seven
Thousand Five Hundred Dollars ($7,500.00) which shall be in addition m the Rent
referred to in the Lease Agreement, with partial years, if any, to be pro-rated.
Upon the issuance of a Certificate of Completion by CITY for the Additional
Property, TENANT, in lieu of making annual payment of rent for the irfitial five-year
term, shall pay to CITY a one,time lump-sm payment of Th/ny-Seven Thousand Five
Hundred Dollars ($37,500!00). This lurrrp sum shall constitute the advance rental
payment by TENANT for the initial five-year lease term for the Additional Property.
Thereafter the rent shall be payable to CITY on an annual basis.
C. Rent Increase for Additional Property: At the expir~ttion of the initial
five-year lease term for the Additional Property, increases of additional rent shall be as
set forth in the Lease Agreement, that being "CPI" with respect to the Rent Start Date for
the Additional Property.
D. Conditions for Additional Property: TENANT represents that another
telecommunications tower will not be constructed on the Additional Property by
TENANT or anthor/zed subtenants. CITY consents to proposed sublease by TENANT to
CINGULAR in accordance with all requirements of the Lease Agreement, as amended
herein.
E. First Amendment Controls: In the event of a conflict between the Lease
Agreement and this First Amendment, this First Amendment shall control.
F. Lease Aereement Remains In Effect: All terms and conditions of the
Lease Agreement, First Amendmem and Exhibits thereto which are not inconsmten!
herewith remain in full force and effect.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page~g of 3
?CCK ,3222 PAGE Ob57
IN WITNESS OF THE FOREGOING. the parties have set their hands and seals the
day and year fIrst written above.
ATTEST: ,\\\\\\\11111/11//11 CITY Of' BOYNTON BEACH
,$"'\OYNTO,\./% ~ 6
~'< ............. <S>~~~ ·
. ~ 0 "'(j'O"i'I'O!l.1~~"'" l' ~
- ~ ...., -
- \ 0:::' It!-
:: 0 \ . :' ;V-yerald Broening. Mayor
'" '. 400(,. .'
~ ".; vi~, \. ..
~ .....
z .....0.
~//. f::'LO...,',',
FORM AND '11///11'11 ' .\.,\\\....
. Jdl"
CY
-
By:
OffIc
SPRINT SPECTRUM L.P.,
a Delaware limited partnership
WITNESSES:
f.",o-f:,J~
JP5d;( p, I(rf~"I1A tV
Print Named . j
;Y=->-;> 'I/cf'
Dc>N P,./I"H P';>
Print Name
BY:? ;n.CJiL
Lawrence M. Callander
Director of East Region
STATE OF GEORGIA
COUNTY OF FULTON
)
APPROVED
j1[ I:-
II~ /Y'C'I
fw SHy.}
LEGAL
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments.
personally appeared LAWRENCE M. CALLANDER as Director of East Region of SPRINT SPECTRUM
L.P.. a business authorized to conduct business in the State of Florida. and acknowledged under oath that he
has executed the foregoing Agreement as the proper official of SPRINT SPECTRUM L.P.. for the use and
purposes mentioned herein and that the instrument is the act and deed of SPRINT SPECTRUM L.P.. He is
personally known to me.
IN WITNESS OF TH}JOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this --'L day of 41tlvp>fl/ i?J~ .2001.
AUA&
Notary Public
,:"",..' .,.',?
~... . &" .... ."
i' /~...vl' ',"
" ...."'~T~...
~..;.
:., ; -,,~-.
: ':1111'
<:>'.;";.;.<1'P'fV ,r~
", "
"".~:~::.;.:,' '~')->
'"
My Commission Expires: r;.. }-o r;-
Page31 of 3
Mlp3 Xt!-o7z - O.z.
SPRINT MI02XC07-02
LEGAL DESCRIPTION O/= ADDITIONAL LEASE PARCEL
A portion of Lots 2 & 3, Block ?, "CONGRESS GROVE", as recorded in Plat Book 13, Page
63 ofthe Public Records of Palm Beach County, Florida being more particularly described as
follows:
Commence at the Southwest Corner of said Lot 3, Block 1; thence S89 °35'39"E along the
South line of said Lot 3 for 14.40 feet; thence NO0 '12'08"W for 56.44 feet to the POINT OF
BEGINN/NG of the following described parcel; thence N89 °28'29"W for 30.00 feet; thence
NO0 °12'08"W for f 6.50 feet; thence S89 °28~9"E for 30. OO feet; thence SOO °12'08"E for f 6. 50
feet to the POINT OF BEGINNING.
/I--12.-o I'
NOTE:
1,)
See Boundary Survey under File No. B-1695A, Dated 09-27-2000. by this FIRM,
for a detailed Sketch of the Legal Description described heron.
THIS LEGAL DESCRIPTION WAS PREPARED UNDER MY SUPERVISION.
LEITER, PEREZ & ASSOCIATES, INC,
BY: DATE: ~ Ic~Z~,~3~
SIDENT
REGISTERED PROFESSIONAL SURVEYOR & MAPPER NO. 1633
STATE OF FLORIDA