Res 2019-111 First Amendment to Communications Site Lease AgreementRESOLUTION NO. 2019-111
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 NEW CINGULAR
WIRELESS, PCS, LLC, AS SUCCESSOR IN INTEREST TO AT&T WIRELESS
SERVICES OF FLORIDA, INC. 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 19-2000 on March 9, 2000, the Village Council
approved the execution of a Communications Site Lease Agreement (Ground) with AT&T Wireless
Services of Florida, Inc. for the erection of a telecommunications tower and the installation of
related equipment at the Community Center; and
WHEREAS, the Agreement will expire on July 10, 2020, and the Village received a request from
New Cingular Wireless PCS, LLC, as successor in interest to AT&T Wireless Services to amend
the Lease Agreement to, among other things, extend the term of the Agreement and adjust the
monthly rent; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizen of the Village of North Palm Beach.
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 New Cingular Wireless PCS, LLC, as successor in interest to
AT&T Wireless Services of Florida, Inc., a copy of which is attached hereto and incorporated
herein, and authorizes 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repealed to the extent of such conflict.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.
PASSED AND ADOPTED THIS 26TH DAY OF SEPTEMBER, 2019.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Prepared by and When
Recorded Return to:
Black Dot Wireless
2 72 71 Las Rarnblas, Suite 300
Mission Viejo, CA 92691
Re: Cell Site # WP111; Cell Site Name: PBG FIRETREE (FL)
Fixed Asset Number: 10070215
State: Florida
County: Palm Beach
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this � day of 2019, by and
between Village of North Palm Beach, a Florida municipal corporation, having a mailing address at 501
US Highway 1, North Palm Beach, FL 33408 (hereinafter referred to as "Lessor") and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park
Blvd NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as "Lessee").
1. Lessor and Lessee (or its respective predecessor) entered into a Communications Site Lease
Agreement dated March 9, 2000, as amended by that certain First Amendment to
Communications Site Lease Agreement dated , 2019 (hereinafter, collectively
the "Agreement") for the purpose of installing, operating and maintaining a communications
facility and other improvements at Lessor's real property located in the City of North Palm
Beach, County of Palm Beach, commonly known as 1200 Prosperity Farms Road, North
Palin Beach, FL 33410. All of the foregoing are set forth in the Agreement.
2. The Agreement commenced and has been in effect since July 11, 2000 and the parties agree
to continue the Agreement, commencing on July 1, 2020, with four (5) successive five (5)
year Additional Extension Terms, unless Lessee notifies Lessor in writing of Lessee's
intention not to renew the Agreement at least sixty (60) days prior to the expiration of the
then current Additional Extension Term.
3. The portion of the land being leased to Lessee (the "premises") is described in Exhibit 1
annexed hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deeined or
construed as amending or modifying, any of the terms, conditions or provisions of the
Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between
the provisions of this Memorandum of Lease and the provisions of the Agreement, the
provisions of the Agreement shall control. The Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, successors, and assigns, subject to the
provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and
year first above written.
WITNESSES:
P t Name:
Print Name: � S\N rPU
Prin Name: Kath Porter
Print Name: Yasmarie Nevares
"LESSOR"
Village of North Pahn Beach,
a Florida municipal corporation
By: 42��6� (:?- C","
Print Name: l v
Its:
Date: -1 -- i
"LESSEE"
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Pr111 Y ,+
Its:
Date: x12-71 )Le fq
LESSOR ACKNOWLEDGEMENT
STATE OF
\ ��) SS.
COUNTY OF
at I know or have satisfactory evidence that ���� is
I certify that ry
the person who appeared before me, and said person acknowledged that said person signed tTlis
instrument, on oath st ted that said person was authorize to exec the in ru e t and ac wledged it
as the `� of U'� �' i��"(�n`c- , to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: Off— J�� \ i '-�g
Nt
'�°�+���
TAMMY HELD
Notary Public - State of Florida
`o '
Commission # GG 272898
of
My Comm. Expires Dec 4, 2022
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(%42,ature of Not
(Legibly Print or tamp Name of Not
Notary Public in and for the State of ���
My appointment expires: ��' ��
STATE OF
COUNTY
LESSEE ACKNOWLEDGEMENT
SS.
certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he signed this instrument, onoth stated th e was authorized to execute the
instrument and acknowledged it as the ef&X � ✓ /"� , �.� " of AT&T Mobility
Corporation, the Manager of New Cingular Wireless PCS, LLC, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED: 2-1 ,(�/r /
Notary Seal
R
Notary Public State of FloridaKathy A Porter19 My Commission GG 294555
Expires 03/04/Z023
f,1 �
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(Signa e of ota )
:, Kati Porter
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
Exhibit 1 to Memorandum of Lease
Premises
The premises is located on a portion of the property described and/or depicted as follows:
A PARCEL OF LAND IN THE NOFITIIEAST CAJARTER OF SECTION 8, TOWNSHIP 42 SOUTH,
FLANGE 43 EAST, PALAI BEACH COUNTY, FLORIDA. BEING MdRE i M71CUL.AALY OESCRIIIED
AS FOLLOWS;
COMMENCING AT THE SOUTHKST CORNER OF SAID NORTHEAV QUARTER;
7`HENCE S0ilTT1 89'46'53 EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER,
(THE SOUTH LINE OF SAID QUARTER IS ASSUMED TO BEAR SOUTH 89'4653' EASTJAND
ALL OTHER BEARINGS ARE RELATIVE THERETO), A DISTANCE OF 105,04 FEET TO A
POINT ON THE EAST RICHT OF WAY UNE OF PROSPERITY FARMS ROAD; ,
fiiENCE HORTH 0035'37' EAST ALONG SAID EAST FLIGHT OF WAY UNE, A DISTA14CE Cf
729.74 FEET TO THE POINT OF BEGINNING OF HEREINAFTER DESCRIBED PARCEL.;
T14ENCE CONT1KUE NORTH 00-35'37- EAST ALONG SAIL? EAST RIGHT OF WAY LINE. A'
DISTANCE OF 584.55 FEET TO A PCXNTON A UNE 20,00 FEET SOUTH OF. WIIEN
MEASURED AT RIC#1T ANGLES TO AND PARALLEL WITI1 THE NOnTN UNE OF T14E
SOUTHWEST QUARTER OF 'PIE NORTHEAST QUARTER OF SAID SECTION 8,
THENCE SOUTH 89758'27' EAST ALONG SAID PARALLEL UNE. A DISTANCE OF 876.51
FEET TO A POINT;
THENCE SOUTH 2512'15' KST PARALLEL TO 714E WEST RIGHT OF WAY UNE OF THE
NORTH PALM BEACH WATERWAY AS SHOWN ON THE PIAT OF GOLF COURSE ADDITION
NO. 2. %4LLIAGE OF NORTH PALM BEACH AS RECORDED IN PLAT 9OOK28, PAGE 67,
PUBLIC RECORDS OF P" DEACII COUNTY; FLORIDA, A DISTANCE OF 451.51 FEET TO A
POINT ON PIE EASTERLY PROLOtICATIOH OG THE NORTH RIGHT OF WAY UNE OF BURNS
ROAD, AS ' OESGRIBED IN OFFICIAL, RECORD BOOK 1241, PAGES 259, AND 260, PUBUC
RECORDS OF PALM BEACH COUNM FLORIDA. -
THENCE NORTIi 892423" WEST ALONG SAID PROLONGATION, A DISTANCE OF 604.83
FEET TO A PO(HT ON SAID EAST RIGHT Or WAY UNE OF PnospmrY FAAus no,w AHo
THE P041 T OF BEGINNING;
SUBJECT TO AN EASEMENT FOR BIKE RIDING PURPOSE'S OVER AND ACROSS THE WEST
10.100 FEET TIIEREOF.
CONTAINING IN ALL 10,O ACTIES. MORE OR LESS.
Cell Site No. WP111
Cell Site Name: PBG FIRETREE
Fixed Asset No. 10070215
Market: South Florida
Address: 1200 Prosperity Farms Road, North Palm Beach, FL 33410
FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT ("First
Amendment"), dated as of the latter of the signature dates below (the "Effective Date"), is by and
between Village of North Palm Beach, a Florida municipal corporation, having a mailing address of 501
US Highway 1, North Palm Beach, FL 33408 (hereinafter referred to as "Lessor"), and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, successor to AT&T WIRELESS SERVICES
OF FLORIDA, INC., having a mailing address of 1025 Lenox Park Blvd NE, Yd floor, Atlanta, GA
30319 (hereinafter referred to as "Lessee").
WHEREAS, Lessor and Lessee (or its respective predecessor) entered into a Communications
Site Lease Agreement dated March 9, 2000, (hereinafter, referred to as the "Agreement"), whereby
Lessor leased to Lessee certain Premises, therein described, that are a portion of the Property located at
1200 Prosperity Farms Road, North Palm Beach, FL 33410; and
WHEREAS, the term of the Agreement will expire on July 10, 2020, and the parties mutually
desire to renew the Agreement, memorialize such renewal period and modify the Agreement in certain
other respects, all on the terms and conditions contained herein; and
WHEREAS, Lessor and Lessee desire to amend the Agreement to extend the term of the
Agreement; and
WHEREAS, Lessor and Lessee desire to amend the Agreement to adjust the Rent in conjunction
with the modifications to the Agreement contained herein; and
WHEREAS, Lessor and Lessee desire to amend the Agreement to modify the notice section
thereof; and
WHEREAS, Lessor and Lessee desire to amend the Agreement to permit Lessee to add, modify
and/or replace equipment in order to be in compliance with any current or future federal, state or local
mandated application, including but not limited to emergency 911 communication services subject to the
terms set forth below; and
WHEREAS, Lessor and Lessee desire to amend the Agreement to clarify scope of Lessee's
permitted use of the Premises; and
WHEREAS, Lessor and Lessee, in their mutual interest, wish to amend the Agreement as set
forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree
that the recitals set forth above are incorporated herein as if set forth in their entirety and further agree as
follows:
1. Extension of Term. The Term of the Agreement shall be amended to provide that the
current term, which conunenced on July 11, 2015, shall expire on July 10, 2020 ("Current Term"%
and commencing on July 11, 2020, will be automatically renewed, upon the same ten -ns and
Cell Site No. wP111
Cell Site Name: PBG FIRETREE
Fixed Asset No. 10070215
Market: South Florida
Address: 1200 Prosperity Farms Road, North Palm Beach, FL 33410
conditions of the Agreement, for four (4) additional sixty (60) month terms (each an "Extension
Term"). Hereafter, "Term" shall include the Current Term and any applicable Extension Term. The
Terms will automatically renew without further action by Tenant, unless Tenant notifies Landlord in
writing of Tenant's intention not to renew the Agreement at least sixty (60) days prior to the
expiration of the Current Term or any Extension Term. Landlord agrees and acknowledges that,
except as such permitted use or other rights may be amended herein, Tenant may continue to use and
exercise its rights under the Agreement as permitted prior to the fust Extension Term.
2. Rent. Commencing on July 11, 2020, the current Rent payable under the Agreement
shall be Three Thousand Six Hundred Twelve and 23/100 Dollars ($3,612.23) per month and shall
continue during the Term, subject to adjustment as provided herein.
3. Future Rent Increase / Extension Term Increase. The Agreement is amended to
provide that commencing on July 11, 2025, Rent shall increase by fifteen percent (15.0%) and at the
beginning of each Extension Term thereafter, as applicable.
4.. Permitted Use. Provided that such improvements do not substantially change the
physical dimensions of the Tower or the Premises and Lessee obtains all required building permits for
such improvements from Lessor, Lessee, its personnel, invitees, contractors, agents, sublessees, or its
authorized sublessees, or assigns may use the Premises, at no additional cost or expense, for the
transmission and reception of any and all communications signals and to modify, supplement, replace,
upgrade, expand, including but not limited to the number and type(s) of antennas, or refurbish the
equipment and/or improvements thereon, or relocate the same within the Premises at any time during the
term of this Agreement for any reason, or in order to be in compliance with any current or future federal,
state or local mandated application, including but not limited to emergency 911 communication services
or for any other reason. Lessor shall reasonably cooperate in obtaining governmental and other use
permits or approvals necessary or desirable for the foregoing permitted use. If Lessor does not comply
with the terms of this section, in addition to any other rights it may have at law or equity, Lessee may
terminate this Agreement and shall have no further liability to Lessor.
5. Right of First Refusal. Notwithstanding any other provisions contained in the
Agreement, if at any time after the Effective Date, Lessor receives a bona fide written offer from a third
party seeking any sale, conveyance, assignment or transfer, whether in whole or in part', of any property
interest in or related to the Premises, including without limitation any offer seeking an assignment or
transfer of the Rent payments associated with this Agreement or an offer to purchase an easement with
respect to the Premises ("Offer"), Lessor shall immediately furnish Lessee with a copy of the Offer.
Lessee shall have the right within ninety (90) days after it receives such copy to match the financial terms
of the Offer and agree in writing to match such terms of the Offer. Such writing shall be in the form of a
contract substantially similar to the Offer, but Lessee may assign its rights to a thud party. If Lessee
chooses not to exercise this right or fails to provide written notice to Lessor within the ninety (90) day
period, Lessor may sell, convey, assign or transfer such property interest in or related to the Premises
pursuant to the Offer, subject to the terms of this Agreement. If Lessor attempts to sell, convey, assign or
transfer such property interest in or related to the Premises without complying with this Section 6, the
sale, conveyance, assignment or transfer shall be void. Lessee shall not be responsible for any failure to
make payments under this Agreement and reserves the right to hold payments due under this Agreement
until Lessor complies with this Section 5. Lessee's failure to exercise the right of first refusal shall not be
deemed a waiver of the rights contained in this Section 5 with respect to any future proposed conveyances
as described herein.
Cell Site No. WP111
Cell Site Name: PBG FIRETREE
Fixed Asset No. 10070215
Market: South Florida
Address: 1200 Prosperity Farms Road, North Palm Beach, FL 33410
6. Acknowledgement. Lessor acknowledges that: 1) this First Amendment is entered into
of the Lessor's free will and volition; 2) Lessor has read and understands this First Amendment and the
underlying Agreement and, prior to execution of the First Amendment, was flee to consult with counsel
of its choosing regarding Lessor's decision to enter into this First Amendment and to have counsel review
the terms and conditions of the First Amendment; 3) Lessor has been advised and is informed that should
Lessor not enter into this First Amendment, the underlying Agreement between Lessor and Lessee,
including any termination or non -renewal provision therein, would remain in full force and effect.
7. Notices. Paragraph 19 (d) of the Agreement is hereby deleted in its entirety and replaced
with the following:
NOTICES. All notices, requests, demands and communications hereunder will be given by first class
certified or registered mail, return receipt requested, or by a nationally recognized overnight courier,
postage prepaid, to be effective when properly sent and received, refused or returned undelivered.
Notices will be addressed to the parties as follows:
If to Lessee:
New Cingular Wireless PCS, LLC
c/o: AT&T Network Real Estate Administration
Cell Site No.: WP111; Cell Site Name: PBG FIRETREE (FL)
Fixed Asset No.: 10070215
1025 Lenox Park Blvd NE
31d Floor
Atlanta, GA 30319
With a required copy of the notice sent to:
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Department
Cell Site No.: WP111; Cell Site Name: PBG FIRETREE (FL)
Fixed Asset No.: 10070215
208 South Akard Street
Dallas, TX 75202-4206
As to Lessor:
Village of North Palm Beach
501 US Highway 1
North Palm Beach, FL 3 340 8
Attn: Village Manager
With a required copy of the sent to:
Leonard G. Rubin, Esq.
Leonard G. Rubin, P.A.
701 Northpoint Parkway, Suite 209
Cell Site No. N VP111
Cell Site Name: PBG FIRETREE
Fixed Asset No. 10070215
Market: South Florida
Address: 1200 Prosperity Farms Road, North Palm Beach, FL 33410
West Palm Beach, FL 33407
Either party Hereto may change the place for the giving of notice to it by thirty (30) days prior
written notice to the other as provided herein.
8. Charges. All charges payable under the Agreement such as utilities and taxes shall be
billed by Lessor within one (1) year from the end of the calendar year in which the charges were incurred;
any charges beyond such period shall not be billed by Lessor, and shall not be payable by Lessee. The
foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed
by Lessor. The provisions of this subsection shall survive the termination or expiration of the Agreement.
9. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this First Amendment, the terms of this First Amendment shall control. Except as
expressly set forth.in this First Amendment, the Agreement otherwise is unmodified and remains h1 full
force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First
Amendment.
10. Capitalized Terms. All capitalized terms used but not defined herein shall have the
same meanings as defined in the Agreement.
[SIGNATURES APPEAR ON THE NEXT PAGE]
Cell Site No. IVP111
Cell Site Name: PBG FIRETREE
Fixed Asset No. 10070215
Market: South Florida
Address: 1200 Prosperity Farms Road, North Palm Beach, FL 33410
IN WITNESS WHEREOF, the parties hereto have respectively executed this First Amendment
effective as of the date of the last party to sign.
LANDLORD:
VILLAGE OF NORTH PALM BEACH,
a Florida municipal corporation
By: a6L�- .
Printed Name: PI -81z"1 l_ C— ,( V6 fZ E
Title: h / 0 fz
Date: 1 b -- I — 2,e7 i? q
Attest:
By:
=n22� I-
Voge Clerk
Witness:
Printed Name: 1D K pu CkJ-j ! f-
-Date: L.0 I f C
Witness: Q�!� �P-A
Printed Name: TOIJWNIJ-11�
Date: � t�, ~ �— , l
TENANT:
New Cingular Wireless PCS, LLC,
A Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
11
Prinfe�Name: jF--- ffi%e,41
Title:&,.a ve
Date:0�4,C,7
Witness: rx/
Katby Potter
Printed Name:
Date: F-
21/14
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
Witness:�i'.,.,l�
Printed Name:
Yasmarie Nevarez
Date:
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
Cell Site No. IVP111
Cell Site Name: PBG FIRETREE
Fixed Asset No. 10070215
Market: South Florida
Address: 1200 Prosperity Farms Road, North Palm Beach, FL 33410
LESSOR ACKNOWLEDGMENT
STATE OF f`, � )
,p\ (�-� SS.
COUNTY OF 1 '�`�ti'"— `e'
I certify that I know or have satisfactory evidence that �' `� 0' •�is
the person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it
as theof VILLAGE OF NORTH PALM BEACH, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
� P& TAMMY HELD
�•�n; Notary Public - Stateof Florida
Commission # GG 272898
� of r`°` My Comm. Expires Dec 4, 2022
Bonded through National Notary Assn.
Signature of Nota A
(Legibly Print or tamp Name of Notary)
Notary Public in and for the State of
My appointment expires:
Cell Site No. WP111
Cell Site Name: PBG FIRETREE
Fused Asset No. 10070215
Market: South Florida
Address: 1200 Prosperity Farms Road, North Palm Beach, FL 33410
LESSEE ACKNOWLEDGMENT
STATE OF
SS.
COUNTY OF`'j�l )
I certify th t I know or have satisfactory evidence that
/�C-`(> �fV is the person who appeared before mc, and said person
acknowledged that he signed this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the,,, l,(��i,/,.�� of AT&T Mobility
Corporation, the Manager of New Cingular Wireless PCS, LLC, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED:
I
Notary Seal
Notary Public State of Florida
�' Kathy A Porter -
My Commission GG 294555
stir df Expires 03104!2023
c: a
.4
(Signa�Areo /h
��iV Porter
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires: