HomeMy WebLinkAboutR2010-26 Amendment to Communications Site Lease Agreement with Sprint Spectrum, LPRESOLUTION 2010-26
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE
COMMUNICATIONS SITE LEASE AGREEMENT WITH SPRINT SPECTRUM,
L.P. TO PROVIDE FOR THE INSTALLATION OF AN ADDITIONAL
ANTENNA AND RELATED EQUIPMENT AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 63-99, the Village approved and executed a
Communications Site Lease Agreement (Ground) with Sprint Spectrum, L.P. ("Sprint") for the
erection of a telecommunications tower and the installation of related equipment adjacent to the
Village Community Center ("Site"); and
WHEREAS, the Village received a request from Global Signal Acquisitions III LLC ("Global'),
attorney -in -fact for STC Five, LLC, successor -in -interest to Sprint Spectrum, L.P., to allow Clear
Wireless LLC to locate an additional antenna on the existing tower and install additional
equipment on the existing platform utilized by Sprint; and
WHEREAS, in accordance with Section 45-21 of the Village Code of Ordinances, the Village
Planning Commission reviewed and approved the placement of the additional antenna and
equipment at the Site; and
WHEREAS, Global and the Village wish to execute a First Amendment to the Communications
Site Lease Agreement (Ground) to provide for the collocation of the antenna and equipment, and
the Village Council determines that the execution of the First Amendment is in the best interests
of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the First Amendment to the
Communications Site Lease Agreement (Ground) with Global Signal Acquisitions III LLC,
attorney -in -fact for STC Five, LLC, successor -in -interest to Sprint Spectrum, L.P., a copy of
which is attached hereto and incorporated herein, and authorizes and directs the Mayor and
Village Clerk to execute the First Amendment on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4.
This Resolution shall be effective immediately upon adoption.
ADOPTED THIS 13th DAY OF MAY, 2010.
Village Sal) -
CZ
MAYOR
VILLAGE CLERK
Prepared bv:
Matthew J. Traiser, Esq.
8805 Tamiami Trail North
Suite 212
Naples, Florida 34108
Return to:
Crown Castle
Attention: Gus Garcia
Site BUN: 878279
6306 Benjamin Road
Suite 604
Tampa, Florida 33634
STATE OF FLORIDA
COUNTY OF PALM BEACH)
FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
THIS FIRST/,/M/ENDMENT TO PCS SITE AGREEMENT (the "Amendment") is made and
entered into on this day of to,Qy , 2010 (the "Effective Date"), by and between STC Five,
LLC, a Delaware limited liability company, successor -in -interest to Sprint Spectrum, L.P., by and through
its attorney in fact, Global Signal Acquisitions III LLC ("Lessee"), and the Village of North Palm Beach,
a Florida municipal corporation with an office at 501 U.S. Highway 1, North Palm Beach, Florida 33408
("Lessor").
WITNESSETH:
WHEREAS, Lessor and Lessee are parties to that Communications Site Lease Agreement
(Ground) dated November 9, 1999 (the "Lease"), a memorandum of which was filed for record in O.R.
11607, Page 520 in the Public Records of Palm Beach County, Florida (the "MOL"), relating to certain
real property located in Palm Beach County, Florida legally described on the attached Exhibit A (the
"Pronertv"), and granting to Lessee a lease on a portion thereof (the "Premises");
WHEREAS, the parties desire to amend the Lease to provide for the consent to locate additional
equipment within the Premises as more particularly set forth below.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter set forth and the sum of Ten and No/100 Dollars ($10.00), in hand paid by Lessee
to Lessor, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as
follows:
1. AMENDMENTS. The Lease is hereby amended as follows:
(a) Consent to Sublease or Sublicense the Premises. Lessor does hereby consent to
Lessee's grant of a sublease, sublicense or right of use of all or a portion of the Premises to Clear
Wireless LLC (hereinafter "Collocator"). Collocator's antenna shall be placed on the existing tower as
depicted in Exhibit B attached hereto and incorporated herein, and Collocator' s facilities and equipment
shall be placed on the existing equipment platform and located entirely within the area specified in
Exhibit B to the Lease. Collocator's equipment and facilities shall be considered part of Lessee's
Facilities as that term is defined in the Lease.
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BU# 878279 — Village of N. Palm Beach Comm
t,
(b) Additional Rent. In consideration for Lessor's consent to the sublease of space
within the Premises to Collocator, Lessee shall pay to Lessor the amount of One Thousand Three
Hundred Four and 77/100 Dollars ($1,304.77) per month (hereinafter "Collocator Consent Rent"),
commencing upon the first day of the month following the commencement of physical preparation or use
of the Premises by Collocator, and continuing thereafter until the earlier of: (i) the expiration or
termination of the Lease, or (ii) the cessation of Collocator's use of the Premises, as evidenced by a
written notice of such termination or cessation by Lessee to Lessor. The Collocator Consent Rent shall be
payable and shall escalate upon the same terms and at the same time as the Rent set forth in the Lease, for
so long as such Collocator Consent Rent is payable to Lessor as set forth herein.
2. MISCELLANEOUS.
(a) Full Force and Effect. All of the terms, provisions, covenants and agreements contained
in the Lease are hereby incorporated herein by reference in the same manner and to the same extent as if
all such terms, provisions, covenants and agreements were fully set forth herein. Lessor and Lessee
ratify, confirm and adopt the Lease as of the date hereof for purposes of compliance with Florida Statute
Ch. 695.01 (as amended). Except as otherwise expressly amended herein, all the terms and conditions of
the Lease shall remain and continue in full force and effect. In case of any inconsistency between the
Lease, as amended, or the MOL and this Amendment, this Amendment shall govern and control.
(b) Binding Effect. The Amendment shall be binding upon the heirs, legal representatives,
successors and assigns of the parties. The parties shall execute and deliver such further and additional
instruments, agreements and other documents as may be necessary to evidence or carry out the provisions
of the Amendment.
(c) Entire Agreement. The Amendment supersedes all agreements previously made
between the parties relating to its subject matter.
(d) Counterparts. The Amendment may be executed in two (2) or more counterparts and by
facsimile, each of which shall be deemed an original, but all of which together shall constitute but one and
the same instrument.
(f) Authority. Each of the parties represent and warrant that they have the right, power,
legal capacity and authority to enter into and perform their respective obligations under this Amendment.
(Signatures appear on the following page)
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BU# 878279 — Village of N. Palm Beach Comm
r
IN WITNESS WHEREOF, the parties have executed this Second to PCS Site Agreement on the
day and year first written above.
WITNESSES:
Print N e: E C
P nt ame:.J
STATE OF FLORIDA
) ss.
COUNTY OF PALM BEACH
LESSOR:
Village of North Palm Beach, a Florida
municipal corporation
By: Ar/1.
Name: William Manuel, Mayor
Attest:
By:
Name:
/6/' Cl�� 71, 4 4
Melissa Teal, Village Clerk
On the 1 day of M in the year of 2010, before me, the undersigned, a Notary Public
in and for said state, persona y appeared William Manuel, the Mayor of the Village of North Palm Beach,
a Florida municipal corporation, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the instrument the
individual or the entity upon behalf of which the individual acted, executed the instrument.
WITNESS my hand and official seal.
Signature: ././/1c�
My Commission Expires: _ J/! «14.20/3
Commission Number: DD 77
3
\\\i\Y - MEUSSA A. TEAL
4*1 ....._6 .
' Notary Public • State of Florida
• e My Comm. Expires Jul 13, 2013
.- Commission di 00 871577
t ` Bonded Through National Notary Assn.
BU# 878279 — Village of N. Palm Beach Comm
WITNESSES:
STATE OF G o-t9 �c=a A
Ft( LT 0 i' J COUNTY
LESSEE:
STC Five LLC, a Delaware limited liability
company
By: Global Signal Acquisitions III LLC, a
Delaware limited liability company, its
Attorney in Fact
By:
Name: ' Fps 14 Cam+
Its: res e-c-
I, M,®c Pe.A-evrs®e a notary pittplic for said county and state, do hereby
certify that (3 rya i A , Co 6 b , the V roper mgr. of Global Signal
Acquisitions III LLC, the attorney in fact for STC Five LLC, a Delaware limited liability company,
personally appeared before me this day and acknowledged the execution of the foregoing instrument for
and on behalf of the company. Given under my hand this c2 1 day of A Rol L , 2010.
Notary Public
't-YhQ c: ,
Printed Name
My Commission Expires:
My Commission Number:
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BU# 878279 — Village of N. Palm Beach Comm
EXHIBIT "A"
LEGAL DESCRIPTION OF PARENT PARCEL
PARENT TRACT DESCRIPTION
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COOMEN CO4G At NE SOuTHA EST CORNER or SAto NORTHEAST DARTER
THOME SOON IlifV44 3 EAST A T.OivC 751E SOAR U 4E OF 3At10 i101a:1i€AS -WARIER. (hE 9EUTi4
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SNP SECTION A;
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DANCE F411111 31-Yr FOR 2139.15 FEET TO A POINT ON DIE L45T Lf4f cr A PARCEL OF LAIC
DESCRIED IN OF19CTAL RECORD RCM 5442. PAGE 1451. PIMA ialLCpia1D3 OF P4111 SEEM MOT.
FLORID&
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OOMITARAMG $ AU. 114434 SQUARE FEET OR 210 Imes
B-1
BU# 878279 - Village of N. Palm Beach Comm
EXHIBIT "B"
PLACEMENT OF ANTENNA ON EXISTING TOWER
BU# 878279 — Village of N. Palm Beach Comm
B-1