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RESOLUTION NO.~/-/.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A LEASE
AGP~EMENT BETWEEN THE CITY OF BOYNTON BEACH
AND BELL SOUTH MOBILITY FOR A PORTI~ OF THE
CITY'S WATER TOWER TO ACCOMMODATE THE
INSTALLATION O! A COPY OF
SAID AGREEMENT AS EXHIBIT
"A"; ANDPROVIDINGAN EFFECTIVE DATE.
WHEREAS, the city Commission of the City of Boymton Beach,
Florida, ("OWNER") desires to lease a portion of the City's
Water Tower to accommodate the installation of an antenna; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY ~OMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City of Boynton Beach, Florida hereby
authorizes and directs the Mayor and City Clerk to execute the
Agreement, as attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA THIS .J DAY OF~P/--~Hm~7~ , 1991.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
(CORPORATE SEAL)
jAG/i~S '
A: ~./O&R
RES06
LEASE AGREEMENT
.BETWEEN
THE ~TY OF BOYNTON BEACH
~D
BELLSOUTH MOBILITY INC
This LEASE AGREEMENT (hereinafter referred to as "Agreement")
is made and entered into this day of ,199! between the
CITY OF BOYN~ON BEACH, a municipal corporation of the State of
Florida (hereinafter referred to as "LESSOR") and BELLSOUTH
MOBILITY INC, (hereinafter referred tb as "TENANT"). ~
RECITALS:
WHEREAS, LESSOR is the owner of certain real property located
at 1620 South Seacrest Boulevard in the City of Boynton Beach In
Palm Beach County, State of Florida; and
WHEREAS, TENANT desires to lease a portion of said real
property (hereinafter called. Property), with a right of way for
access thereto, containing approximately square feet more
specifically described in and as substantially shown outlined in
red on Exhibit "A" attached hereto and made a part hereof; and
?~EREAS, LESSOR currently has an existing elevated water tank
located in the vicinity of the demised premises; and
WHEREAS, TENANT desires to construct an unmanned telecommuni-
cations equipment shelter at the base of the exist-ing water tank
and mount upon the water tank various telecommunication antennas;
and
WHEREAS, pursuant to this Agreement the parties hereto
anticipate ~hat the existing water tank structure shall be
entirely replaced by I~ESSOR and -relocated together with TENANT's
telecommunications equipment and antennas;
NOW, THEREFORE, in consideration of the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. The foregoing recitations are true and correct- and are
hereby incorporated herein by reference.
2. LESSOR hereby leases to TENA/~T that certain parcel of
Property, containing approximately square feet, situated in
Palm Beach County, State of Florida, together with the non-
exclusive right-for ingress and egress, seven (7) days a week,
twenty-four (24) hours a day, on foot or motor vehicles, including
trucks, and for the installation and maintenance of utility wires,
cables, conduits and pipes over, under or along a twenty foot (20
foot) wide right of way extending from the nearest public right of
way which is South Seacrest Boulevard, to the demised premises,
said Property and right of way for access being substantially as
described herein In Exhibit "A" and as shown enclosed within red
lines on Exhibit "A" attached hereto and made a part hereof.
LESSOR shall cooperate ~ith TENANT in its effort to obtain utility
services along said right of way by signing such documents or
easements as may be required by said utility companies. In the
event any public utility is unable to use the aforementioned right.
of way, the LESSOR hereby agrees to grant an additional right of
way either to the TENANT or to the public utility at no cost to
the TENANT.
3. LESSOR also hereby grants to TENANT the right to survey
said Property, and said survey shall then beCome Exhibit "B",
which shall be 'attached hereto and--made a part hereof, and shall
in the event of discrepancies between it and Exhibit "A".
Cmst. for such work shatl'be borne by the TENANT~
both' LESSOR'~
shall be for an ~
execution..
of five (5)
to
all
· e
extensions thereof shall b prow,dad by TEN ~ANT as. follows:
- a. ~ During
the
and
n
after.
~s
of' its th': six
(6~months) prior to ~ end of ~the. then current term...
c. (5) year term the ~nnual
rental fee shall be ~ , to eq~lal._the purchasing
fee shall b~
States
of Urban
Consumers, Index
shall be d] Sssor or comparable
-index, the ~ 11 to agree upon a substitute
formula, but if the.parties e to agree.upon a substitute
formula, then thei~matter sha~ arbitration in
accordance with ths.~les of the
then prevailing, bY
multiplying annual ~ee by a
fraction, the numerator of shall be the most r~cently
published annual Index precedinq ~he first day of the lease year
for which adjustment is made, .the denominator of which fraction
s~all be the corresponding a~nual ~ndex fo~ the year.~reced~g the
first date of the p~eviou~' lease year. Said ~m ~s i~ add,ilion to
th~ base rental fee and-is p~ya~le iupon the ?ext a~nual ~ayment
after publication ~of the subject .Consumer Price Index and shall
cover the past due amounts ~and the next annual rentgl fee
~',.~ ~ she!
~]~m~nt 1 be computed and payable and shal~ be limited tea
seven percent (7%) increase over the:~revious year's .rental fee.
d. The computation of the annual rental fee adjustment
shall never result in a reduction from the base rental fe~ above
provided so that the minimum rental fee hereunder shall n~ver be
less than the aforesaid base renta~ fee.
e. If at the end of the fifth (5th) five (5) year term this
Agreement has not been terminated by either party by g~ving to the
other written notice of an intention to terminate it at least six
(6) months prior to the end of such term% this Agreement shall
continue in force upon the same covenants, terms and conditions
for a further term of one (1) year, and for annual terms there-
after until zerminated by either party by giving to the other
written notice of its intention to so terminate at least six (6)
months prior to the end of such term. The annuaL rental fee for
this period shall be equal to the annual rental fee paid for the
previous year of the fifth (5th) five ~5) year term and inereased
by five (5%) per cent.
2
to any installation that will require access to the structure,
unless an emergency shall exist in which~.case notice shall be
provided to LESSOR at least twenty-four (24) hours after access to
the structure has occurred.
.c. TENANT shall furnish to t~e unmanned, equipment ~she%ter
of TENANT's teleCOmmunications
electricity expenses
relating electrical service shall
any meter.
thi~ site,
If TENANT should instatlany.-emergency ~enerators at
said generator shall be
's Wetlfield
d~ ~Should
with LESSOR'~
upon
equipment
herein.
~ntenn~s interfere
that
<interference
or.. within 1~0 days remove its ~antenn~s and
~his Agreement pursuant, to Parag~raph 5
7. TENANT shall indemnify ~nd hold LESSOR, its agents,
servants or employee~,.harmless against any claim of liability or
loss from personal in]ury or property damage resulting~ ~rom or
arising out of the use and occupancy of the Property bY the
TENANT, its agents~, servants or~ employees, excepting, however,
such claims or damages as may be .due to or caused by the acts of
the LESSOR,~or itm~age~ts, servants, or employees.
LESSO~ ag~e~s~ ~ha~ENANT may self-insure-against any 3 -.
loss or .damage~wh£ch could be~covered by a'compr~hensive ~eneral
public liability insurance policy.
9. TENANT will be responsible for making any necessary'
returns for and paying any and'all property taxes separately
levied or assessed against its improvements on the Property.
TENANT shall reimburse LESSOR as additional rent its proportionate
share of any increase in real estate taxes levied against the
leased Property in excess of the taxes due for the'' t9~1 real
estate taxes on the real property in which the leased premises are
a part and payable and are no% .,separately levied or assessed
against TENANT's improvements by the taxing authorities.
10. TENANT upon termination of this Agreement shall within
a reasonable period, remove its personal property and fixtures
and restore the Property to its original condition, reasonable
wear and tear excepted. At LESSOR's option when this Agreement is
terminated and upon LESSOR's advance written notice to TENANT,
TENANT will leave the foundation and security fence to become
property of LESSOR. If such ~time for removal causes TENANT to
remain on the property after termination of this Agreement, TENANT
shall pay rent at the then existing monthly rate or on the
existing monthly pro-rata basis if based upon a longer payment
term, until such time as the removal of personal property and
fixtures are completed.
11. Should the LESSOR, at any time during the term of this
Agreement, decide~to sell all or any part of the Proper~y (the
Property to include only the parcel leased hereunder) l to a
purchaser other than TENANT, such sale shall be under and subject
to this Lease Agreement and ~ENANT's rights hereunder, add any
sale by the LESSOR of the portion of this Property underlying the
right of way herein granted shall be under and subject to the
right of the TENANT in and to such right- of way. LESSOR agrees
not to sell, lease or use any other areas of the entire parcel
upon which Property is situated for placement of other
communications facilities if, in TENANT's sole judgment [which
5. TENANT shall use the Property for the purpose of con-
structing, maintaining and operating a Communications Facility
and uses incidental thereto, consisting of a building or buildings
a~ necessary now or in the future to shelter its telecommunica-
tions., equiPment and ~elated oft ~se of
mounting on t
to meet
the.
of of the
Property ( : All improvements
in
a
papers
zoni]
or
~g~eement
have
each
the
the
6. It is antic~
water tank will b~
1,000 feet south
of the new replac
TENANT shall distant]
and relocate the ~
replacement water~
of such relocation. LESSOR
water tank will not be
time as TENANT. ha~s
contemplated herein
tank.
replacement elev
OR and located appro~
.on
the
cost
do~ ~ting
removed and dismantled~by LES~ snch
removed its and antennas as
an~ :,tel to the repiacement water
a. LESSOR hereby grants to TENANT the right to suryey the
replacement water tank~ and site~. and said survey shall then
become Exhibit 'C', whic~ shall be attached hereto and made a part
hereof. The cost for such work ~hall be borne by TENANT.
b. The cost of said telacommunications equipment, its
installation and maintenance thereof shall be TENANT's
responsibility. Said installation and maintenance are to be
~erformed by TENANT, or its ~o~tract0rs, in a workmanlike manner
nd all work' is {o-be done in ~a manne~ consistent ~wlth T~NANT?s
high quality ConstrUction stand~rd. Prior to the commencement df
any installation work TENANT shall submit detailed plans of the
work to be performed to LESSOR for its approval. TEN.AN~ shall
provide LESSOR with at least forty-eight (48) hours notzce prior
3
shall not · be~ arbitrary) , such
the facilities in use by TENANT.
and :enjoy the Leased ~Property~
suf:
· o
authority t
further, covenan~s~
installation would interfere with
rent and
and h°ld
execute this Agreement.
are nO other liens,
g~od and
has full
LESSOR
judgments or
14. It
contains all
LESSORand
and
that this
tile
addition,
void. and in f
partieS..
15. This
be governed, interpreted,
the State of Florida.
and any
to be
: in the
Lease Agreement and the performance thereof shall
construed and regulated by the laws of
16. This lease may not b~ sold, subleased, assigned or
TENANT's principal, affiliates
or subsidiari~ or to any company upon which
TENANT is merged :or consolidated. As to other parties, this
unreasonably withheld.
17. Ail notices hereunder must be in writing and shall be
· ' '1, ' t
deemed validly given if. sent by certified mai return recelp
requested, addressed as follows~ (or any other address that the
party to be notified may have designated to the sender ~y like
notice):
TENANT:
BellSouth Mobility Inc.
500 cypress Creek Road, West
suite 709_
Fort Lauderdale, Florida 33309
ATTN: Manager Real Estate
LESSOR:
city of Boynton Beach
c/o city Manager
100 E. Boynton Beach Boulevard
P~O Box 31~
Boynton. Beach, Florida 33425-0310
18.' This Agreement shall extend to and bind the heirs,
personal representatives, successors and assigns of the parties
hereto.
19. If the whole of the leased premises or such .portion
thereof as will make the premises unusable for the purposes
herein leased, are condemned by any legally constituted authority
for any public use or purpose, then in either of said events the
term hereby granted shall cease from the time when possession
thereof is taken by public authorities, and rental s~all be
accounted for as between LESSOR and TENANT as of that date. Any
lesser condemnation shall in no way affect the respective rights
and obligations of LESSOR and TENANT hereunder. Nothing in this
provision shall be construed to limit or affect TENANT's right to
an award of compensation of any eminent domain proceeding for the
taking of TENANT's leasehold interest hereunder.
20. LESSOR and TENANT agree that a copy of this Agreement
5
and obligations of LESSOR and TENANT hereunder. Nothing in this
provision shall be construed to limit or affect TENANT's right to
an award of compensation of any eminent domain proceeding for the
taking of TENANT's leasehold interest hereunder~
20.
shall be
Florida,
LESSOR and TENANT agree that a copy of this-Agreement
recorded among the Public Records of Palm Beach County,
upon execution of this Agreement.
IN WITNESS WR~_.REOF, the parties hereto have set their hands the
day and yea~ first ~ritten above.
LESSOR
Signed, sealed and delivered
in the presence of:
Print Name' ~
Print/~ame
.
ATTO~EY
CITY OF BOYNTON BEACH
'MAYOR
Attest: ~ ~.,~-~.~ ~ C'~ .~
Deputy glty U±erK
STATE OFFLORtDA :
COUNTY OF PALM BEACH :
I HEREBY CERTIFY that on this 3 day of ~e~-r~ , 1991,
before me personally appeared Mayor Arline Weiner' of
the City of Boynton Be~ch, to me well known to be the individual
who executed the foregoing instrument and acknowledged before me
that~he executed the same for the purposes therein expressed.
WITNESS my hand and official seal this ~ day of
N~kRY PUBLIC
My Commission Expires:.
TENANT
Signed, sealedand delivered
in the presence of:
BET.T~ODTm MOBILITY INC
Print Name By:
Print Name
Attest:
STATE OF GEORGIA :
COUNTY OF FULTON :
I HEREBY CERTIFY that on this day of ,
1991, before me personally appeared ,
of BELLSOUTH MOBILITY INC, to me well known to be the individual
who executed the foregoing instrument and acknowledged before me
that he executed the same for the purposes therein expressed.
WITNESS my hand and official seal this day of
, 1991.
NOTARY PUBLIC
Print Name
My Commission Expires:
5563LEAS.AGR