1999-063 Communications Lease with Sprint• SOLUTION NO. 63_99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF NORTH PALM BEACH, FLORIDA,
AUTHORIZING AND DIItECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A COMMUNICATIONS SITE LEASE
AGREEMENT (GROUND) WITH SPRINT SPECTRUM L.P., A
DELAWARE LIMITED PARTNERSHIP, D/B/A SPRINT PCS
ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR
THE PURPOSE OF LEASING LAND AT THE NORTH PALM
BEACH COMM,i]NITY CENTER FOR INSTALLATION AND
OPERATION OF A TELECOMMUNICATIONS FACILITY;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VII,LAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section l . The Village Council of the Village of North Palm Beach, Florida, does
hereby approve the communications site lease agreement (ground) with Sprint Spectrum L.P., a
Delaware limited partnership, d/b/a Sprint PCS attached as Exhibit "A", which agreement is for the
purpose of leasing land at the North Palm Beach Community Center for installation and operation of
a telecommunications facility.
Section 2 The Mayor and Village Clerk are hereby authorized and directed to execute
the communications site lease agreement (ground) with Sprint Spectrum L.Y., a Delaware limited
partnership, d/b/a Sprint PCS set forth in Exhibit "A" for and on behalf of the Village of North Palm
Beach, Florida.
~, This resolution shall take effect immediately upon its adoption.
•
PASSED AND ADOPTED THIS 26th DAY OF OCTOBER , 1999.
(Village Seal)
ATTEST: !' L~~
VILLAGE CLERK ~
sprin~.res
Market: Somh Florida
Site No.' MUB%I)O71fF)
Silt Nanx. Village of Nonh Palm Beah
This Communications Site Leese Agreement (Ground) (`Agreement") is entered into this day of ~a /~ , 1999, between
Village of Nonh Palm Beach, a Florida municipal corporation with an office al SOI U.S. Highway 1, North Palm Beach, FL 13408 ("Lessor"),
end Sprint Spectrum L.P., s D<lawar< limited partnership, dMa Sprint PCS with m address of 1150 N. Meadow Parkway, Suite I I8, Roswell,
• GA 7CJ76 ("Lessee").
For good end valuabl<consideration the receipt and tuffici<ncy ofwhich is hereby acknowledged, th<pani<s hereto agree as follows:
1. Prendses. Lessor is the owner of a parcel of lard (the "Land') end an existing light pole ("Light Pole") located in Ihe Nonh Pelm Beach,
Coumy of Pelm B<a<h, State of Florida commonly known as Village of North Pelm Beach Community Censer, 1200 Prosperity Farms Road.
The Lend is more parriculerly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee snd Leslie leases from Lessor,
approximately 20' x 10' o(the Lard end ell a<c<as and uliliry easemenb, if any, (Ihe "Premises") at d<udbed in Ezhibit B annexed hereto.
T. iss. The Premises may b<uxd by Lessee for the installation, maintenance, operation, replacement, repair and removal of Lessee Fuilities,
ns defined below, including Ihe transmission and reception of radio signals.
3. Trsls and Conslnallon. Ltsue shall have Ihe right at any lime following Ihe full execution of this Agreement ro emer upon Iht Lend for
the purpose of making appropriate engineering and bouMary surveys, inspeclians, soil test borings, other reasonably necessary tests and
construning Ihe Lessee Facilities (as defined in Paragraph 6(a) below).
4. Term. Th<term of this Agreement shall b<five (5) years wmmencing upon constrvdion ofLesue Facilities or On<Hundred Eighty (180)
days from final execution of this Agreement, whichever first occurs ("Commencement Date") and terminating on the fifth anniversary of eht
Commencement Date (Ihe'Term") unless otherwise terminated as provided in Paragraph 10. Leslie shall have the right to extend Ihe Term for
three (3) successive five (5) year periods (the "Renewal T<rtns') on Ne same terms end conditions as set forth herein. This Agreement shall
automatically be exterded for each successive Ren<waI Tenn unless Lesxe notifies Lessor of its intention not to renew prior to commencem<m
of the succeeding Renewal Term.
5. $sBl.
(e) Within IS days of the Commenc<menl Date and on she first day of each month thereafter, Leslie shall pay to Lessor as rent Two
Thousand and 00/100 DOLLARS (12,000.00) per month ('Rent"). Rent for any fnerional month at the beginning or al the end of the Term or
Renewal Term shall be proreted. Rent shall be payable to Lessor at 501 U.S. Highway 1, Nonh Pelm Beach, Florida 33408; Anentioo. Village
Manages.
(b) Rem shall b< increued on each anniversary of Ihe Commenamenl Dat< by an amount equal to ihrtt percent (JY.) of the Rtnt for Ihe
previous year.
6. Fadlllles: Ulllllles: Aettss.
(n) Lessor shall transfer title to the Light Pole to Lessee end Lessee shall remove and dispose of the Light Pole, at its sole cost and
expense. Lessee shall erect a replacement Tower, maintain and operate on Ihe Premises lelecommunicetions fa<iliries, including without
Ilmitation, an antenna pole ("Tower") end foundation, uliliry lines, iransmiuion lines, air conditioned equipment shelter(s), electronic equipment,
radio Transmitting and receiving antennas, supporting equipment and tlrvclur<s thereto (coll<crively'Lesstt Facilities"). Upon completion of the
Towtr, Leases shall, at its sole cost and expenx, install Lesur's existing field lights ("Lessor'[ Equipment") to be located on Ihe Tower st their
existing height level as shown on Exhibit B. Lessor shall be fully responsible end liable for Ihe operation of Lessor's Equipment which will be
performed by a Third parry selected end managed by Lessor. Lesstt chats have no liability of any nature to Leuor or any third parry for failure to
repair or maintain Lessor's Equipment unless caused by Ihe actions of Leslie or its agents. Lessor chats give Lesse<priar telephone notice (770-
772-20).7) of the commencement of repair and maimenance work and Lessor and its egems chats take dl reaunable steps ne<essary to avoid
interference with Lessee's lelecommunicetions operations. Leuor shall b< solely responsible for ail eltttricity costs associated with Lessor's
Gquipment. Lessor represents and warants Thal it owns and controls (end has the right to have relocated) the Lessor's Equipment.
Notwithstanding Paragraph 14 of this Agreement, Leuor may not assign, sublet or onc~rwiu transfer its right to locate (or uu) any equipment on
Ihe Tower. In connection (herewith, Lessee has Ih<righr to do all work rxeeesary to prepare, maintain and titer Ihe Premises for Lessee's business
opcmtions end to install Transmission lines conn<cring Ihe antennas to the Irensmilt<rs end receivers All of Lcsuc's constru<tion and installation
work shall be performed at Lessee's sole cost and expense and in a goad and workmanlike manner. Title to Ihe Leslie Facilities shall be held by
Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to and shall remove all Lcssce
Facilitits, except for Ihe Tower, at its sole expenu on or before Ihe expiration or earlier 1<nnination of the Agr<emem; provided, Lessee repairs
any damage to the Premises eased by such removal. Should Lesstt fdl to remove Lessee Facilities from the Lend within thirty (30) days of
Termination or earlier expiration of Ihe Agreement, Lesur may rcrtave and store Leaue Facilitice eI Lessee's sole cost end expense. If L<sue
does not claim Leue< Facilities, and provided Thal Leuor has given Lessee and any third party financing entity sixty (60) days prior wrinen
notice, the Lessee Facilities shall be dttmed abandoned. Upon Ierminalion of Ihis Agreement, Leslie shall not be required to remove any
foundation more than one (p foot below grade level. Upon expiration or earlier Ierminalion of Ihe Agreement, to<h termination resulting
through no fault of Lessor, Lesse<shall transfer marketable lisle far the Tower to Lessor without charge.
(b) Lessee shall poy for eht electricity it consumes in its operations at the rate charged by the servicing uliliry company. Lesuc shall have
the right to draw electricity end other utilities on Ihe Land by obtaining upstate uliliry xrvice from any uliliry company Thal will provide urvice
to Om Land (including a standby power generator for Lessees exclusive uu). Lessor agrees to sign such documents or eaxmenrs es may be
required by said utility companies to provide such service to the Premises, including Ihe grant to Leuee or to Ihe servicing Wiliry company et no
cost to [he Lessee, of an easement in, over across or through the Land as required by ouch servicing uliliry company to provide utility services es
provided herein. Any easement necessary for each power or other utilities will b< iI a location ecttprablc la Lessor aM the urvicing utility
company.
(e) Leuee, Lesue'a employees, agents, subcontr¢[ou, lenders and invitees shall have access to Ott Premius without notiu to Lessor
twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Leslie, and its agents, employees, contractors, guests and
invitees, a nonexclusive right and <aumenr for pedestrian and vehicular ingreu and egress across that portion of Ihe Land described in Exhibit
B.
(d) Lessor shall maintain all access roadways from Ihe n<artsl public roadway to the Premius in a manner sufficient to allow ptdtsrrian end
vehicular access at ell limes under normal weather conditions. Lessor shall be responsible for maintaining end repairing such roadway, at its ulc
cxpenu, except for any damage caused by Leuce's uu ofauch roadways.
(e) Prior to conun<ncing construction or modifications of the Leutt Facilitits, other then routine mainrenantt or Ihe replacement of like
• equipment. Lessee shall obtain all required Covemrltental Approvals. It is Lesxe's sale responsibility to obtai4 at Lessee's sole cost and
cxpcnx, any end all pemsils, licenus, and approvals from saes, state or federal govemmenlal authorities as required by law for the constrvclion
and operation of the Lessee Facilities (collectively, the "Govemmenlel Approvals"). Lessor agrees to reasonably cooperate with Leue<, at no
additional cost to the l.euee, and to exttut< such documents reasonably required to obtain the Govemmenul Approvals. Lesxe shall instill and
maintain, at its tole ezpens<, ell landscaping as approved by Ihe Villeg<of North Palm Beach's Planning Commission. This Agreenxnt does not
constitute en abrogation of Lesur'a Bovemmental regulatory land development powers.
C ~aMICFWI WIMWIDO[S6pini tp•~mm LN~u a Fml\ilhse MHwN Idm &WIiINAL CCNMIMICATIONE SITE t ELSE AGREEMEMIaROUND) bx
R,nuJ IO~IU'4')
Page 1
Amrkec South Flodds
Si¢No.~ MIIRXCWI(F)
Sil: Nanx Village of NOnh Pdm Beach
7. inlerhrence.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to L<sur end other 1<sues or licensees of the
Land, provided that their installations predate that of the Lessee Facilities. All operations by Lesue shall be in compliance wish all Federal
Communications Commission ("FCC") requirements.
• (b) Subsequent to the instellalion of the Lesstt Facilities. Leuor shell not permit stuff. its lessees or licensees to install new equipment on
the Lard or progeny contiguous thereto owned or controlled by Lessoq Ifeuch equipmem is likely to eauu interference with Lessee's operations.
Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor aBrecs to take all reasonable steps
necessary to eliminate such interference, in a reasonable time period.
8. TAYCa. If personal properly taxes are asusud, Leutt shall pay any portion of such taxes directly mributable to the Lessee Facilities.
Lessor shall pay all real property razes, asussments and deferred razes on the Lard. Lessee shall reimburu Lessor for any increase in real estate
taxes directly attributable to L<sstt Facilities within sixty (60) days of receipt from Lessor of tutfici<nt documentation from the taxing authority
indicating the increase is due to Lesstt i improvements.
9. Waiver of Lessor's Llen.
(a) Lessor waives any lien rights it may have con<eming the Lesue Facilities which are deemed Lessee's perunal properly and not
futures, end Lesue has the right to remove the same st any time without Lessors consent.
(b) Lessor acknowledges that Lessee has entered into a financing arrangement including promlasory notes and financial end u<urily
egr<cments for Ih< financing of the Lessee Facilities (the "Collateral') with s third parry financing entity (end may in the furore enter imo
additional Gnan<ing arrangements with other financing entities). In eoMtttion therewith, Lessor (i) conunts to Ih< intsallation of the Collateral;
(ii) diulainss any interest in the Collateral, as fizlur<a or uh<rwiu; end (iii) agrees That the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to beconx due end that such Collateral may be removed el any time witholy
recourse to legal proceedings.
10. Terminatlon. This Agreement may b< terminated without further liability on thirty (JO) dayt prior wrinen notice as follows: (i) by either
parry upon a default ofany covenant or term hereof by the other party, which de6ult is not cured within sixty (60) days of receipt of wrinen
notice of default, provided That the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee far any reason
or for no reason, provided Lessee delivers wrinen notitt of early 1<mtination to Lesur no later than Thirty (30) days prior to the Commencemcm
Date; or (iii) by L<ssec if it does not obtain or maintain any license, permit or other approval necessary for the sonstructian end operation of
Lessee Facilities; or (iv) by Lesstt if Lesstt is unable to occupy and utiliu Ih< Premius due to an action of the FCC, including without
limitation, a lake back of channels or change in frequencies; or (v) by Lessee if Lesue delertnin<s That the Premises are not appropriate for its
operations for economic or technological reasons, including, without limitation, signal interference.
I1. Desiruetlon or Condemnaslon. If the Premius or Lesue Fuilities are damaged, destroyed, condemned or transferred in lieu of
condemnation, Lesue may <kd to terrninate This Agreement as of Ih< date of Ih< damage, dutmdion, condemnation or Transfer in lieu of
condemnation by giving notice to Lessor no more Than Pony-five (dd) days following the date of such damage, destruction, condemnation or
Transfer in lieu of condemnation. If Lessee chooses not to lerminat<ihls Agreement, Rent shall be reduced or abated in proponian to the actual
reduction or abatement of uu oflhe Premises.
I=. Insurance. Lessee, at Lese'e's wle cost and ezpense, shall procure and maintain on she Premius and on the Lessee Facilities, bodily injury
end properly damage insurance with a combined single limit of at least One Million and 00/100 Dollars (f 1,000,000.00) per occurrence. Such
insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with
Lessee's use of she Premises, all as provided for herein. Lessor shall be named es an additional insured on Lessee's policy. Lessee shall provide
tD Lessor a cenifcale of insurance evidencing the coverage required by This paragraph within thirty (30) days of the Commenc<nxnt Dale.
U. Walver of Subroeaslon. Lessor and Lessee releau each other aM their rcspecsive principals, employees, representatives and agents, from
any claims for damage so any person or so the Premises or so the Lesue Facilities Thereon caused by, or That result from, risks insured against
under any insurance policies carried by lh< parties and in forte at Ih< lime ofany such damage. Lessor and Lessee shall cause w<h insurance
policy obtained by them to provide shat she insurance company waives all right of recovery by way ofsubrogation against the other in connection
with any damage covered by any policy. Neither Lessor nor Lesu<shall be liebl<so the other for any damag<eauud by fire or any of the risks
insured against under any insurance policy required by Paragraph 12.
14. Asslenmens and Subletflne. Leuee may not sublet, or otherwise trans&r all or any pan of its interest in This Agreement or in the Premise;
provided, however, that Lessee may assign its interest so its parent company, any subsidiary or affiliate of it or its parent company or to any
successor-in-interest or entity acquiring fifty-one percent (STY.) or more of its stock or assets, subject to any financing entity's interest, if any, in
this Agreement as set forth in Paragraph 9 above. Lesur may assign This Agreement upon written notice to Lessee, subject to the assignee
assuming all o! the Lessors obli8ations herein, including but not limited to, thou set forth in Paragraph 9 ("Waiver of Lessors Lien') above.
7 his Agreement shall run with the progeny and shall be binding upon end inure to the benefit of the ponies, their respective su«esurs, personal
representatives, heirs and assigns. Notwishslanding anything to the contrary contained in shit Agreement, Lessee may auign, mortgage, pledge,
hypothecate or otherwise transfer without notice or consent its intern[ in this Agrttment to any financing entity, or agent on behalf of any
financing entity to wham Lessee (i) has obligations for bortowed money or in rcspces of guaranties thereof, (ii) has obligations evidenced by
bonds, debentures, notes or similar instmments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances end similar
facilities or in respect of guaranties thereof.
if. Warnniv of Tllle and Oulel Enlovment. Lessor wamnb Iha1: (i) Lessor owns the Land in fee simple end has rights of access Thereto
and the Land is free and clear of ell liens, <ncumbrentts and rcstrictans; (ii) Leuor has full right to make and perform this Agreement; and (iii)
Lessor covenants and agrees with Lessee That upon Lesu<paying ih< Renl and oburving end performing sit the terms, <ovenanta and conditions
on Lessee's pan to be observed and performed, Lesue may peacefully and quietly enjoy the Premius. Lessor agrees to indemnify end Aold
harmless Lessee from any end all claims on Lesse<'a leasehold interest arising from any breazh ofany representation or wartanry contained in shin
Paragraph If.
16. Reoalrs. Lesse<shall be required to make any repairo Ia she Premius during ih< lease term that were not necessitated by Ne negligenc<or
willful misconduct of Lessor or its agents. Lessor shall not be responsible for the repair ofdemag<ceuud by Leue< to she Lend. Except as tel
forth in Paragraph 6(a) above, upon ezpiretion or termination hereof, Lesue shall redore the Premises to the wndition in which it existed upon
execution hereof, r<asonabl<wear and tear and loss by casualty or oNer onus beyond Lessee's eonlrol excepted.
17. Iazardous Substances. l.ecue agree that it will not uu, generate, store or dispos<ofany Haurdous Material on, under, abom or within
• she Lend to violation ofany law or regulation. Lessor repruenss, warrants end aBrecs (I) that neither Lessor nor. to Lessors knowledge. any
third parry has used, generated, stored or disposed of, or pemilsted the uu, generation, storage or dispoul of, any Hazardous Material (defm<d
below) on, order, ebous or within [he Lard in violation of any law or regulation, and (2) That Lesur will riot, and will not permit any third pony
m usq gcncrara, score or dispose ofany Hazardous Material on, undcq about or within she Land in violation ofany law or regulation. Lessor and
Lessee each agree to defend, indemnify and hold harmless she other and the others partners, affiliates, agents end employees against any and all
losses, liabilities, claims and/or vests (including reasonable astomey's fees and costa) arising from any breuh ofany representation, wartanry or
ngre<ment conained in this paagraph. As uud in this pengreph, "Hazardous Material" shall mean petroleum or any petroleum product,
asbestos, any substance known by the state in which the Land is located to souse sonar and/or reproductive toxicity, and/or any substance,
C 41iElCfl W I WIMW IDOfslSpim spavum L NAUe l SiutlVillye MH.M blm &xMfINAL C~IMDNICATIONS anE LEASE AOREEMEMIORDUNmax
Ren,N I WLL94
Page 2
Murka.: South Florida
Site No.'. MUB%CW 1(F)
Bile NanK: Village ofNonh Palm Beach
chemical or waste that is identified es hazardous, toxic or dangerous in any appliubl< federal, tlete or local law or regulation. This paragraph
shall survive the termination ofthis Agreement.
I8. Llablllrv and Indemnity. Lessee shall indemnify end hold Lessor harmless from ell claims (including attomeys' fees, costs and
• expenses of defending against such claims at both the Trial and Appellate level) arising from Lessee's use of the Premittc. Lessor shall
indenvlify and hold Lessee harmless from all claims (including attorneys' feet, costa end expenua of defending against such claims at both the
Trial and Appellate level) arising from the negligence or willful mittorlduct of Lessor or Lessor's agents, employees, or contactors in or about
the Land. The duties described in Paragraph IB surviv<t<mrination of Nis Agreement.
19. Miscellaneous.
(a) This Agreement constitul<s the entire agreement and underNanding between the parties, end supersedes all offers, negotiations and
other agreements concerning the subject ma0er contained herein. Any amendments to This Agreement mull be in writing and executed by bath
parries.
(b) If any provision of this Agreemem is invalid or unenforceable with respect to any parry, the remainder of this Agreement or the
application of such provision to persons other than Ihose u to whom it is held invalid or unenforceable, shall sat be alTected end each provision
ofthis Agreemem shall be valid and enforceable to the fullest extent permined by law.
(c) This Agreemem shall M binding on and inure to the benefit ofthe successors and permitted assignees of the respective panics.
(d) Any notice or demand required to be given herein shall be made by ttnified or registered mail, return receipt requested, or reliable
overnight courier Io the address of the respeniv<panies set forth below:
Lessor: Village of North Pelm D<a<h
501 U.S. Highway One
Nosh Pelm Beach FL J1408
Attn: Village Menager_
With a copy to: Ceorge W. Baldwin, Esq.
Law Offices of Brant end Baldwin
3J0 Federal Highway
Lake Park, FL 33405
Lessee: Sprint Spectrum L.P.
1160 N. Meadow Parkway
Suite 118
Roswell, GA 30076
Withacopy to: Sprint Spectrum L.P.
Ann: Business Law Group
4900 Main Street, 11° Floor
Kansas City, MO 64112
Lessor or Lessee may from time to time designate any other address for this purpose by written noli« to the other parry. All notices hereunder
shall be deemed received upon Betual receipt.
(<) This Agreement shall be governed by the laws ofthe State ofPlorida.
(f) Lessor acknowledges that a Menarendum of Agreement in Ih< form annexed hereto as Exhibit C will be recorded by Lessee in the
official «cords of the County where the Land is located. In the event she Land is enwmbered by a moM1gage or deed of trust, Lessor agr«s to
obtain end fumisA to Lessee a non-0isturban<e and attomment imtmment for each such mortgage or deed of trust and that Lessee, at its wl< cost
and ezpense, shall record a release of such Memorandum of Agreement upon expiration or earlier tenninalion hereof.
(g) Lessee may obtain title insurance on its interest in the Lend. Lessor shall cooperate by executing documentation required by the title
insurance company.
(h) In any rase where the approval or consent of one perry hereto is required, requested or otherwise [o be given under Ihis Agreement,
such parry shall not unreasonably delay or withhold its approval or tonunl.
(i) All Riders and Ezhibits annexed hereto form material pans ofthis Agreement.
Q) This Agreement may be executed in duplicate count<rpans, eaeA of which shall be deemed m original.
IN 1\'ITN ESS WIIEREOF, th<pani<s have executed Ihis Agreement as of the date first above written.
LESSOR:
Signed, sealed and delivered in the presence of` Village of th Palm Beach,
a Florid nicipal core ration
Witness
Print Name. /~ T /(~} Print ame: Edward Eissev
7Yf~..~e~/A• / Title:
Wimeas: /?~,E/rss,~ A• T.E,~T ~e-
Print Name es r
I ag<Clerk
STATC OP ~LORnIDA
COUNTY OF YQ//YI s~
Federal Tax IDp:_ 59-6017964
The foregoing instrument was acknmvledged before me this~_day of y,d6llCli.t7L _, 1999, by Edward Eistty, as
Mayor of Village~f North Pelm Beach, a Florida munlclpal eorporalion, who is cersonally known to me or who has produced
as identificelion and whoLk (did noU take en oath.
\VITNLSS my hand and official seal.
Not E~jSS.d /9..9~~/
Pnnl Name Tjv~
My commission cxpiresa~ _ / ,~0~
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
C,OiEICF W EWIM WP(%KalSpnm spearvm L Nan.) Siuf\VilluEe MNW QJm &¢MrINAL C91MIMIC/.TIONS afrE LEASE AaIEEMEM IaaOUHn) dr[
A..i,N IP'!SW
Page 3
Merkel.: South Florida
SilS NO~. MUBXCW I{F)
girt Name: Village ofNOnh Palm Beach
• Signed, sealed and delivered.,. in the presentt oL
Witness /~~ ~ ~ I
Print Name:!,~y'I~nG kly(1LIM
Wnne fL~
Print Name'. MI~~~ VCItNB ~'
Sl'Al'E OF
COUNTY OF
LESSEE:
Sprint Spatrum L.P., a Dclawerc limited partncrship
d/b/a Sp ' t PCS
By`sC_G%~21.1-.+-c-
Pri ame: Yfl~.aG s / U__na
Title:^~IF'!C-(c/ S~ Ko-$v(s-YT
Tppe foregoingg instrument was acknowledged before me nthis ' f day of f~b.TCi.~J~./L~ , 1999, by
_1a.-as S 1J• r7/G~ A~ as'~f1~fG~d $6 IGa~o'Yk of Sprint Spcotrum L.P., a Delaware limited
partnership who is personally known to me orwhe-#es-prednad -aa-identiGcaliaoand-whadid (did
not tak<an oath:
T 'SS my hared arld official seal.
v Public ^ u~
~Q 9 /a9 ra l~I
Print Nam<
My< ~i '~~.p~ ~rleJ~_
•
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ReriuJ IP]OM
Page 4
Market: South Florida
Sim No.: Mlla%C071(F)
Sim Namc: Village of Nonh PRlm Beah
• DESCRIPTION OF LAND
Io the Agreement dated /Ydl~ ~ .1999, by and between Village of Nonh PRIm Beach, a Florida municipal corporation es
Lessor, end Sprint Spectrum L.P., a Delaware limited partnership, dMa Sprint PCS u Lessee.
The Land is described end/or depicted as (allows (metes end bounds description):
A portion ofth<parcel idrntified as Tax Assessor's Folio p 03J2-08-00-OOo-1110 situated in Ih<State of Florida, County of Palm
Beach, Village of Nonh Pelm Beach and described as follawa:
See Attached 2 Pages
•
C W FfICEW PWIMWPWffbpnm fpavum L Nhue) Simrvillea<olNmA Nlm Ru[AVIHALCQ/1MUNICATIONf SITE LFASE AGREEMOMIOROIMD) bx
P.~i~N I W1W W
Page 5
•
38/25/1999 13:58 d0762658f^ VILLAGE OF N P "7i PAGE 05
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Speelel afeY[Anfy"IDH'0•
LEGAL DESCRIPTION:
A pert 01 (IOndgelnuetmor•$et lion 3, TOarnfM l2 $OUIn, Renq< e3 Feal, Palm Beoen
Count FI rldo, q par tiworly deacnoed oa fellers
Commencing of (n• aoutheeal corner of the Plo! of SMICTUARY COVE os re•corded
in PIOI Book 75, pages LSO and 151. PuoAC Reeords ~of Palm BOOM Cowl~• Floridm
Inenb< along lh• easterly prolongellon of NCr4ovN lint of add Plot S8a 252E"E for
anes6 rnetrM n poMt on a curve eencov..pahr Eal 1, M.In a rodNa of OS.00 leer
c e radial An• Ceara N62. 26!q~~~f i 9
, aoid curve, Inrouon a tenlyd mnl. r nn•ei~in[ ~hjQge_a~dMrlY 91on9 the, arc of
n<
91
0
0
manta along aoid Eoat"Aro N26•~2'ea"E Iona623.O3~fHt4W p poin`~onolMq~0lorcseid
Soutn Ane pf Ine PIOI of SANCTUARY COVEI By~~~~ ~~pp~dyn~~~ ~
588. 25'2B"F for 91.06 IeN to m• PONT ORyFCIM11Y0, i i (6eulh,Ane
Containing M elfllS,~3e aQuer< feel or 2.63 ~9aea. ..
G
i
~ ~
SURVEYOR'S NOTE'S • ~ I' •
LTMI$ DRAWWO IS NOT A SURVEY. ~ -~f. r~
2. NO SEARCH OF THE PUBLK RECORDS NA~ UEEfJ[MADE~$Y TMS OFfKE.
J THE DESCRIPTION SKETCH RID TlIE OESCRPTgN •TE%T COMPRISE THE
COMPLETE LECAL DESCRIPTgN, THE L ALOE CFOPTION •IS NOT VALID
UNLESS 80TH ACCOMPINV EACH OTHER. -
s~ORICINAI, RNSED SEAL OOF A FLORYIOµA LKXHS(O SURyfYOR Apq MAPPER ~~
EMPLOYED BY LgBERG LRID $UIVEYMC. ~•
• S. DATE OF LEGAL GESC/(1PTIOw MAY S, 1997
LIDSERG LANp SUHVEYWC, WC.
age •1.,,..~:;_
RICHARD J, WM_gE ~ D~iSD IP ION 4 SKETCH lOR+
PROFESSIONAL SURVEYOR ANO MAPPER C A i YM WLi 1LS~ INC.
FLORIDA CERTIFKATE H0. 8327 • - 1!~ •1~R TY'r}IARBOR f60l~T![I
C~ LIDBERG LAND ..: 1 , • ' ~ B. Po_
' '~ Iw A+w
SURVEYING INC. ~ -
tassu ~ 'tir. ~ Mosirr ~•.wssve
675 Meat IDdlanry M Road.
sure too. Jayrrv. Flame 33150 FxD, ^" EY'. ~ SNFFf OF
., yr
Initial
08/25%1999 13:58 G0762658f' VILLAGE OF N P '^H PAGE 07
_ ORB 994/1^\Ps 1887
cxnieie ^A ^- CPao~¢. o~ OT o~ '
w a
SpecLl ^aiSenty/De•b
LECAL DESCRW TION' -"IY' "iT • 1
A uNO o/ lon4 IS.00 leer in ..ietn dWOle ~1JS•etion (q(q Ts{.riano a22 South,•Ronge IJ
Emt, Palm B<a<n County, ibrieo, lne eenlergTe' o/. `~N7~ a Tare 7parlicWOrly eeserAeo
as lotlora' I ,
Commenein 14 r .
q of the saumeaal corner of Oro' pp[of, Ct $•;C(~[ as reeoraee
h Pmt Book 73, poge• 130 ono 131, PVDI< R•~prAa 'qf poYl ~j~n~ccovnt Fbrba:
Inence along tn< eealtrW prolongotion el Ihie Soul o' 10 Pbt.S08~~p328"E for
4 ']9.07 N•1 to o point on.e eufue eoneev Idt e r a o1. 12.30 leer
one Irom wNcn a re6ol tvro D•ars NS2• ]a•24•E• •al0" eiA'F a1sG D•Hq' In• POINT OF
BECINNMIO: Inence seutnerl obnp tM arc of ~a/a Curve. D}ppn o « ntra angle of
DO. 29'76", /or as1 lee l: trisnce 507.33•q•E Ya 63.57 leel !o o point of curvature el
a curve concave to ln< wa•t, novhq a reolva of 1{2.50 fe<U Uene• wum•rW aonq
the orc of aoie curve, Wougn a centres onQle .Of ]a' •T{9£ for SS.Sa /ub menu
326. 32'J9'w for 431.67 feel: lnenaa N00 10!3{'W .IW 2Q0.90 1••t to a peinl on N•
Eost ine of a pere•I Of hoes eeacrlDeo in Oflbfq ReeoTY~Bppy Jaa2. poq• 1431. Puaae
R•corer of Palm Beeson County, Florba oM 11je' PONT # TERMINUS.
Centoirwnq .n an 12.179 savor< q•I er 0.20 eeJ•• mor l'er Ras.
:..j. lfy3a : _!
l . ~ i i- 1 '
:~~ q;
' ~ 4~E' 1s .'s f
~~
j 1 i
n
1
' :~il~: ET3 "'. ~ .
.~.,
:~ .. +
j6 .:
SIMVEYOR'S NOTE'S+ ~j'" ;"t '~ '
. if:, itp~ 1~ ,
L TIOS ORAWWC IS NOT A SURVE;. !'
2. NO SEMCN OF THE PUBLK: RECORDS NAS O~TN MIRE BY THI$ OFFICE.
J THE DESCRIPTION SKETCH ANp THE OESCRIPTWN TE%T COi6RISE THE
COMPLETE LECIL DESCRIPTK)N. THE LECµ DESCIIY'lION IS NOT VALO
UNLESS 00TH ACCOMPANY EACN OTHER. i - ,
•. THIS LEGAL DESCRIPTON tS NOT VAIJO WI .T'.TIt~ SICK~T7~E AND THE
ORIC^VAL RuSED SEAL OF A,FLORIOA WOE fNRyP.Y.OR'llA MPFpER
CMPLOYED BY LDDERC LAHO Si/RVEYINO, -
e.s
. S. DATE (4 LEiJAL OESCR1PTgN. MAY 3. 1497 j'' r ~ ,
. 'CORER,;: LINO SlG'VEYNC, rtC. t ~ /'
~~ 1
~__-Y._l>>_ot_.. _ ~~ Iz -
RIf:HAitO .1. WILICIE ~~ RE~R~B[L7'CN~OR:;
PROFESDIONIL StravgypR APD MApppt • ~i CO OQE UNITT (NQ. Initial Initial
FLOAOA CERTIFICATE N0. 5327 IP P 4C~ OR a rxt
LIDBfRG LAND FLO: ' ~[~~~~ Fe. Pc.
C~ S(/RVEYING INC. oFF. DATE ~ `
LHal91 ~% OSRIS/p/ O~•A9FS9R/
6Ib Y•sr fn0/anfown RoOe/.... ~~.n t~n~ ran
Marku< South Forida
giU. NO.: MIIgXNII(F)
Sib Name Village ofNonh Palm Beach
• DESCRIPTION OF PREMISES
to the Agreement dared /YO/ ' , 1999, by and between Village of North Palm Beach, a Florida municipal corporation as
Lessor, and Sprint Spectrum L.P., a Delaware limited pann<rahip, dMe Sprint PCS es Leasee.~
The Premises are deuribed and/or depicted es follows:
See Attached 1 Yage
Nstsa
I) This hahibis nwy be rcplaad by • land survcy of the Premius once is is received by Lessee.
I) SelWCk of the Premius from the land's boundaries shall Mthe disdna rcquirW by the applicable govemmennl aolhorities.
p WidM Ohcttssroaa shall be she width rc9uired by We applinble govemmenWl wlhoAies, including polio and drc departments.
I) Thctypc. nurrMnnd mounting positions and locations of antenwsand lnlsamission lines ueillustrotive only. Actual types, numbers, naunling positions
may vary from what is dawn above.
C arfICFWPWIMWPDCea6pim Spxwm l Nlue l SimAVillaSe MNwN PYm aaeaYMAL fQIMVmCATpNS aRE IEASE AOaEEMENTt0a0UNmac[
a,~bN IW1Wtq
Page 6
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IOItIeI
Markel: South Flodda
Sik Nu: MUBXCOII(F)
give Name: Village ofNonh Palm Beach
PREPARED BY:
Michael Christiansen, Esq.
- Maslrinna & Christiansen, P.A.
1300 N. Federal Highway, Suite 700
Fort Lauderdale, FL 33304
RETURN TO:
Michael Christiansen, Esq.
Mastriana & Christiansen, P.A.
1300 N. Federal Highway, Suite 200
Fort Lauderdale, FL JJ304
This Memorandum of Agreement is entered into on this day of , 1999, by and between Village o! North
Palnl Beach, a Florida municipal corporation, with an eddrecs at 301 U.S. Highway 1, Village of North Palm Beach, Florida 33408 (hereinaner
referred to as"Lessor') and Spectrum L.P., a Delaware limited partnership, dMs Sprint PCS with an address of 1130 N. Meadow Parkway, Suite
I IS, Roswell, GA J0076 (hereinaner referted to as "Lessee').
Lessor and Lessee cntcrcd into a Communications Site Leasc Agreement ("Agreement") on the ~Iday of [~ 1999, for the purpose
of installing, operating and maintaining a radio communications facility and other improvements. All o the foregoing are cat torah in the
Agreement.
The term of the Agreement is for five (3) years commencing on _ ("Commenttment Date'), and terminating on the
Gnh anniversary of the Commenttment Date with lhre<(3) sutteuive five (3) year options m renew.
The Lend which is the cubj<ct of the Agreement is in Palm Beach County, Florida, described in Exhibit A annexed hereto. Th< portion of the
Land being leased to Lessee (she'Premises") is described in Ezhibil B annexed hereto.
IN WITNESS WHEREOF, the panics have executed this Memorandum of Agreement as of the day end ywr first above written.
LESSOR:
Signed, aeatcd and delivered in the presenc<of: Village of No Palm BeacA,
e Florida cipal corporation
r
s.(.e D _ (~ iJ By: .~
Witness
Prins~Na~m/e~. •-s0l/~G ~~ rnt~/'- Print ame: Edward Eissev
/i"!/~-L4S6L//`'•,~/~-r Title:
Witness //A /~~+4 A.T~~ Oran
Print Name: // A esP ,~
Illage Clerk r
STATE OF_F~On/~/df~Jj -/
COUNTY OF _ ~.4~M x8.E.40L1
The foregoing instrumcnl was acknowledged before me this_~day of/~d~7slfit7t, 1999, by Edward Bissey, as Mayor of
Village of North Palm Beach, a Florida municipal corporation, vyhp_' M••^^•tl'• s^^•^ r or who has produced
A/~j¢ as idmtificelion and who m4(did not) tak<an oath.
WITNESS my hand and official seal.
// ~, /j
~C~%C-~iQ~C. ~/~fl
MELISSA A 1FAL
,/
~F~%SS
4 lY • TE
4~ ( In'cawlssloxaxwa~
.
.
Prim Name ~~g0 ~ Ig' a00f
ams4lNU W Wyalek Ulesrxllwa
My commission <xpires:_IT~~ /_„~0~
/~" '
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
•
Nolen.
I) ibis E.xhibil nuy be rcpland by a land wrvcy of the Premises oMe it is received by Lesue.
O Setback o(Ihc Premises from she land's boulMariec shall be the disnna required by Ne applicable govemmemd au0wrisies.
I1 WiJlh of access road sMll be the widsh required by the appliuble govemmenYl aullwnlies, including police and fire deparlmenss.
I) the lYpe, numbennd nlounling positions mJlocations of aDlenrus and lnnsmisslon lirMnrcillwlnsive only. Aelusl types, nunarerx, mounting positions
may wry from wlul is shown above.
C V)EEICE\WLWIMWaDOC6~Spimap[[vun LYJWe l siupVillye el NwN aJm MwEVM.LL COJAMMICxT10M fn6 LN,Sa/,OnEEMEMrOaWNDtM1-<
a[ri,eJIM659
Page 7
•
„ W-g. F west for Taxpayer oly. 1,„n ,e Ilw
r. Mrd 11911 ~dentificatlon Number and Certification :: a°io u~ ~"s T
wININ M M TlNwr
IW /rlwl /NNtI
Rwx p NW e1Nn IIN IYN YI [YtN OI ew M W Inn M •Ney Nn• tMN yn nIN Y Irl l hin. to eH•ttlnl o pN t 11 yin uu In •aunl.
/wkm un Itlb N•NhINa W WYINIw n PP
Ilr lour TW h the rppoplna boa. Fx
fmduds, tNt Is your aaeiA teeurllrr mmbx ac a sacur Y num er
SId. Fx tola paplelxt, tae M 6tY000ans
p•q• L Fx elh•r enUUaa, II R your ompleyer
mUlkNim mardx EM. 11 yw da nal hna a OR
tuber, Na How To Oel • TW 6alew.
ols: 11 tha ncaunl h In more tlln ono rlanb mp oYer en a on n er
a me chrt on ply I Ix puldelimt on whot•
tuber to enter.
W Ilhholdln9lSee Exempl Payest
Ider pendli•t el Der)urY. I nrtllY tun:
IM mmber shorn on Nis Ixm b my unacl Nxp•yer Hen111kNim nunbor for 1 m wdUrg Ix a number p ba Issued to met, and
1 m not sv61cl le'bxkup wllMOldrp 6ewsr. ul I rn mrrpl /rem backup wlWwlding, n Ibl 1 Mra tut been mulled by the Inlernd
Perems Serc~ca giN 1 m subJa<l la Yxkup wltlJwiding a a ntull al o Idlue U repM 111 Inlentt r dridendt, or kl dw IRS An
mGllsd ma Nat I m m Ixgar oub)de1 do 6xkup wl ldbg.
'ullllullon'Inslrucllont - Yau mutt xott eul INm 2 tbwa 1/ yw hne bun mUlld by 6e R45 6N rov r• eurr•ndy subject Ic -nkup
dWwldmp 6eelute el udernDarlXlg Inlvatl x dirlderdt M yser 4x rahxn Fx nd uNta tramngom, Ram 2 don ml apply. Fx
wr191ya MNrat pnd, a. acyulltlUm r tlMommnl of a•euel peparty, emcoRAm of debt cantrbuUarx p n Yldnidud nikcmenl rrnpamenl
NJ. M generrUY D•YrmnN oNsr J-n Yllenst_Nd dirldends, yav ra ml npkad b olgn M CerUlkNlan, 6ul you must pMda Yo'rr correct
Dale
J
A I.eW
IJ1Y
Markel.'. South Florida
Sim NO: MIJB%COJI(F)
Sim Name: Village of NOM Palm &ach
• Signed, sealed end delivered in the presen<c of:
Mn.~~
Witness
Print Name 1 JL'i~'yM~s~ ~/~~y.}/1
Witness ~L
Print Name: M: ~~ bQ.va1ZL1
LESSEE:
Sprint Spectrum L.P., a Delaware limited pannership
d/b/a S ri 1 PCS
ey:
Prin am\\e: LJI~C C~-f/ SF F~i~l orJ
Title: ^IMvS La7• ~~/etnp
STATE OF l J~-~
COUNTY OF
Thy foregoing instrument was acknowledged fore me this I day of A Jvae....a~.n IYYY, Dy
l~\YK/ S IA7 ~C7 YLt«-~, as E• SE of Sprint Spectrum L.P., a Delaware limited partnership, d~b/a Sprint PCS
w ho is arwnally known to me or»ilo-haapredaeed ae-~nliFlaetien end whodfd (did not take an
oath.
tlSS my hand arld offmial seal
Ngtpry Public /'_
~IM9 u(dn~YGc ~=-G
Prins Nam< p
My comm fa~ilNflda F.zal as~JuN~2a P002~
•
C'OErICE~W1 W IMW PWCS\Spinl SpennmL YJAae) Silo\Villye or NwN Etlm aeN.Y1NALCgIMUNIfAT10N5 SITE
NevixJ lYlWN9
Page 8