05-14-2020 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MAY 14, 2020
501 U.S. HIGHWAY 1 7:30 PM
Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
In accordance with Executive Order No. 20-91 issued by Governor Ron DeSantis on April 1, 2020, all
senior citizens and individuals with a significant underlying medical condition are ordered to
stay at home and limit the risk of exposure to COVID-19. The Order further indicates that all
persons in Florida shall limit their personal interactions outside of their homes to only those
necessary to obtain or provide essential services or conduct essential activities. Similarly, the
Centers for Disease Control and Prevention guidance advises that all individuals adopt far-reaching
social distancing measures, including avoiding gatherings of more than 10 people. Therefore, in
accordance with Executive Order No. 20 -69 issued by the Governor on March 20, 2020, the
Village of North Palm Beach shall be conducting this meeting utilizing communications media
technology. The members of the Village Council will not be physically present in the Council
Chambers and shall be participating virtually. Members of the public may participate in the
meeting via internet access or by telephone as set forth below.
INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY
To join meeting by computer (video & audio) click or type the following link in address bar:
https://us02web.zoom.us/j/83248529352?pwd=blpTTjhEOWZGUDhOb1lFVnpJSGhXdz09
Meeting ID: 832 4852 9352
Password: 031234
To join meeting by phone (voice only):
877 853 5257 US Toll-free
888 475 4499 US Toll-free
Meeting ID: 832 4852 9352
Password: 031234
Regular Session Agenda, May 14, 2020 Page 2 of 93
Public Comments: Public comments can be submitted by filling out the public comment form that
can be accessed by clicking the following link Public Comment Card. Public comments can also be
made by leaving a voice message at 561-904-2126. All public comments will be read into the record
at the Public Comment portion of the meeting.
For full detailed instructions on how to the join the meeting by either telephone or by
computer please see the Village of North Palm Beach Village Council webpage or click on the
following links:
Instructions for attending Village Council Meeting by phone
Instructions for attending Village Council Meeting by computer
AGENDA
ROLL CALL
INVOCATION - VICE MAYOR
PLEDGE OF ALLEGIANCE - MAYOR
AWARDS AND RECOGNITION
1. Proclamation - National Public Works Week
APPROVAL OF MINUTES
2. Minutes of the Emergency Special Session held 3/23/20
3. Minutes of the Regular Session held 4/23/20
COUNCIL BUSINESS MATTERS
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item
under Statements from the Public. Time Limit: 3 minutes
Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda
will be called on when the issue comes up for discussion. Time Limit: 3 minutes
Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
4. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2020-01 - GENERAL FUND BUDGET
AMENDMENT Amending the Adopted General Fund Budget for Fiscal Year 2020 to classify the
total amount financed for Village vehicles as Capital Outlay.
Regular Session Agenda, May 14, 2020 Page 3 of 93
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
5. RESOLUTION – Approving a Fifth Amendment to the Communications Site Lease Agreement with
Cellco Partnership d/b/a Verizon Wireless for a telecommunications tower adjacent to the
Community Center; and authorizing execution of the Amendment and Amended Memorandum of
Agreement.
6. RESOLUTION – Approving a proposal from Engenuity Group, Inc. for engineering, bidding and
construction phase services for the West Alleyway Pavement Rehabilitation Project at a total cost
of $45,725; and authorizing the Village Manager to execute all documents necessary to effectuate
the services.
7. Receive for file Minutes of the Environmental Committee meeting held 3/2/20.
OTHER VILLAGE BUSINESS MATTERS
8. MOTION – Authorizing partial Release of Retainage in the amount of $229,167 to the Weitz
Company for the North Palm Beach Country Club Project.
9. RESOLUTION – THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
Approving a Third Amendment to the Communications Site Lease Agreement with STC Five LLC,
successor in interest to Sprint Spectrum, L.P.; and authorizing execution of the Amendment and
related Memorandum of Agreement.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceeding s is
made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this
meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
PROCLAMATION
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE MAYOR
NATIONAL PUBLIC WORKS WEEK
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital
importance to sustainable and resilient communities and to the public health, high quality of life and
well-being of the people of the Village of North Palm Beach; and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated
efforts of public works professionals, who are engineers, managers and employees at all levels of
government and the private sector, who are responsible for rebuilding, improving and protecting our
nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and
other structures and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children in the Village of
North Palm Beach, Florida to gain knowledge of and to maintain a progressive interest and
understanding of the importance of public works programs in their respective communities; and
WHEREAS, the year 2020 marks the 60th annual National Public Works Week sponsored by the
American Public Works Association; and
NOW, THEREFORE, I, Susan Bickel, by virtue of the authority vested in me as Mayor of the Village
of North Palm Beach, do hereby proclaim the week of May 17 through May 23, 2020 as
NATIONAL PUBLIC WORKS WEEK
in the Village of North Palm Beach, Florida. I urge all citizens to join with representatives of the
American Public Works Association and government agencies in activities, events and ceremonies
designed to pay tribute to our public works professionals, engineers, managers and employees and to
recognize the substantial contributions they make to protecting our national health, safety, and quality
of life.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of
North Palm Beach to be affixed this 14th day of May, 2020.
Susan Bickel, Mayor
DRAFT MINUTES OF THE SPECIAL EMERGENCY SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
MARCH 23, 2020
Present: Darryl C. Aubrey, Sc.D., Mayor
Mark Mullinix, Vice Mayor
David B. Norris President Pro Tem
Susan Bickel, Councilmember
Deborah Searcy, Councilmember
Len Rubin, Village Attorney
Andrew D. Lukasik, Village Manager
Jessica Green, MMC, Village Clerk
ROLL CALL
Mayor Aubrey called the meeting to order at 2:30 p.m. All members of Council were present.
All members of staff were present.
Mr. Lukasik gave an update on the COVID-19 response and the emergency preparation measures
undertaken by Village employees.
Discussion ensued between Council, Mr. Lukasik and staff regarding what Village facilities and
types of businesses would be closed and what Village facilities and types of businesses would
remain open in accordance with the Governor’s orders.
Mr. Lukasik gave an update on the implementation and timing of the Employee Administrative
Leave Bank.
Information Technology Director Michael Applegate discussed the options that were available
for having the Council meeting online and by teleconference. The public would have th e option
to go online to watch and listen to the meeting or to call in by telephone.
Discussion ensued between Mr. Lukasik, Mr. Rubin and Council on whether to have the next
Regular Council Meeting scheduled for March 26, 2020.
The Council came to consensus to have the next Regular Council Meeting scheduled for March
26, 2020 and to conduct the meeting by electronic communication utilizing available online and
telephonic methods.
Mr. Lukasik discussed the closing of Village facilities and stated that staff was researching
companies that offer deep cleaning services to sterilize Village facilities while they are closed to
the public. Mr. Lukasik stated that staff was waiting on cleaning and protective supplies from
the Emergency Operations Center. In the meantime, staff was purchasing supplies wherever they
could be found.
Draft Minutes of Village Council Special Emergency Session held March 23, 2020 Page 2 of 2
Discussion ensued between Council, Police Chief Richard Jenkins and Fire Chief J.D.
Armstrong regarding what safety protocols the Police Department and Fire Department have
been putting in place during the COVID-19 pandemic.
Mr. Lukasik gave an update on what activities have been closed and what activities are still
functioning at the Country Club.
Discussion ensued between Council, Mr. Lukasik and Country Club General Manager Beth
Davis regarding the Country Club operations and functions during the COVID-19 pandemic.
Mr. Lukasik discussed potential economic impacts due to the pandemic and potential strategies
for mitigating the impacts to the Village and its employees.
Councilmember Searcy asked what safety protocols were in place to protect the Village’s
sanitation workers.
Public Works Director Steven Hallock gave an update on the safety protocols that the Sanitation
Department was utilizing to protect its sanitation workers.
Councilmember Bickel recommended that Council present a unified, reassuring and supportive
response to residents in the midst of the COVID-19 pandemic.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 3:37 p.m.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
APRIL 23, 2020
Present: Susan Bickel., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
INTRODUCTION
Mr. Lukasik gave introductory comments and explained that the meeting would be conducted
electronically by internet access or telephone.
ROLL CALL
Mayor Bickel called the meeting to order at 7:40 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Bickel gave the invocation and President Pro Tem Norris led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held April 9, 2020 were approved as written.
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Mayor Bickel read into the record a public comment received from Ryan Muller, 720 Cinnamon
Road. In his comment, Mr. Muller asked why the boat ramps in the Village continue to be shut
down and if there was a tentative date of when they would be re-opened.
Mr. Lukasik explained and gave an update regarding the COVID-19 response and Palm Beach
County’s Emergency Management Orders that closed and restricted facilities, parks, boat ramps
and recreational activities. Mr. Lukasik explained that the restrictions were beginning to lift in
phases and that the Village was continuing to follow the County’s guidelines and requirements.
Mr. Lukasik gave an update on the Village’s response to the COVID-19 pandemic. Mr. Lukasik
stated that there was a 10% increase in the volume of trash picked up by the Sanitation Department.
Crime has decreased by 4% and the Police Department was mostly responding to calls by phone
versus in person. Fire Rescue’s total call volume has decreased by 41% compared to the same time
period last year.
Draft Minutes of Village Council Meeting held April 23, 2020 Page 2 of 4
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS continued
Councilmember Searcy asked why the Fire Rescue Department’s calls have decreased.
Mr. Lukasik explained that medical and automobile accident calls have dropped dramatically and
stated that it was his hypothesis that the decrease may be due to less people getting ready and on the
road to go into work.
Mr. Lukasik gave an update on Village activities that may be cancelled and stated that the Village
was operating as normal as possible with some employees working in the office and some employees
working remotely from home. Two thirds of part-time employees were still active and approximately
half have been furloughed.
Councilmember Searcy asked if the summer camp would be cancelled for the entire summer.
Mr. Lukasik stated that they would have to wait and see how the phases of re-opening the county
progressed and would make a decision on when to open up the summer camp based on those phases
and progressions.
CONSENT AGENDA
Vice Mayor Mullinix moved to approve the Consent Agenda. Councilmember Aubrey seconded
the motion which passed unanimously. The following items were approved:
Receive for file Minutes of the Infrastructure Surtax Oversight Committee meeting held 1/14/20.
Receive for file Minutes of the General Employees Pension Board meeting held 2/11/20.
Receive for file Minutes of the Library Advisory Board meeting held 2/25/20.
Receive for file Minutes of the Recreation Advisory Board meeting held 3/10/20.
Receive for file Minutes of the Audit Committee meeting held 3/11/20.
RESOLUTION 2020-33 – FIREWORKS DISPLAYS
A motion was made by Vice Mayor Mullinix and seconded by Councilmember Searcy to adopt
Resolution 2020-33 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE PROPOSAL OF STARFIRE CORPORATION TO
PROVIDE JULY 4TH FIREWORKS DISPLAYS AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE. Acting Recreation Director Stephen Poh discussed and explained that one proposal was received
from Starfire Corporation and that the contract was a three year contract for years 2020 through
2022 at a cost of $25,000 per year.
Mr. Rubin stated that the contract allows for cancellation and in the event of cancellation, the
contract would be extended by one year.
Mayor Bickel asked if the 4th of July event could be changed and rescheduled to another day if it
needed to be cancelled.
Draft Minutes of Village Council Meeting held April 23, 2020 Page 3 of 4
RESOLUTION 2020-33 – FIREWORKS DISPLAYS continued
Mr. Poh stated that he spoke with Starfire Corporation and they stated that they would reschedule
the 4th of July event to another date as long as they were notified in sufficient time.
Mr. Rubin stated that language regarding rescheduling of event dates should be included in the contract. Thereafter, the motion to adopt Resolution 2020-33 and amending the contract to add additional
language to provide for alternate event dates in the year 2020, passed unanimously.
RESOLUTION 2020-34 – AMENDMENT TO GOLF COURSE MAINTENANCE CONTRACT
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
adopt Resolution 2020-34 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AN AMENDMENT TO THE GOLF COURSE
MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF MAINTENANCE, INC. TO
INCLUDE BUNKER REPAIR AND POND REMEDIATION WORK, PROVIDE FOR A
PAYMENT SCHEDULE FOR THE ADDITIONAL WORK AND EXTEND THE CONTRACT
TERM BY ONE YEAR; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Head Golf Professional Allan Bowman explained that the grass that was installed on the golf
course has done very well and the majority of the golf course looked very good, but the type of
grass that was installed does not do well on steep slopes and as a result, the bunkers were in need
of repair. Mr. Bowman presented and explained photos of the golf course bunkers that needed
repair and photos of what the bunkers should look like.
Mayor Bickel read into the record a public comment received from Jeff Egizio, 1036 Country
Club Drive. In his comment, Mr. Egizio discussed the issues with the golf course bunkers and
recommended that Council allocate funds to fix the golf course bunkers and lake edges.
President Pro Tem Norris agreed that the golf course was looking great and also agreed that the
bunkers needed repair.
Vice Mayor Mullinix stated that the golf course bunkers required repair immediately.
Councilmember Aubrey asked Mr. Bowman about the issues with the edges of the lakes on the
golf course.
Mr. Bowman explained that the proposal would take care of the pond with the most pressing
need on the golf course which was the pond between the 9th and 18th hole. All of the other ponds
would be addressed over time in the future and would hopefully be repaired by Village staff.
Thereafter, the motion to adopt Resolution 2020-34 passed unanimously.
Draft Minutes of Village Council Meeting held April 23, 2020 Page 4 of 4
VILLAGE COUNCIL MATTERS/REPORTS
Councilmember Searcy thanked staff for all of their hard work over the past month.
Councilmember Searcy commended Chief Richard Jenkins for his hard work on the State of
Florida Opioid Task Force and stated that Chief Jenkins was the only member of the task force
that was asked to return for phase two.
Councilmember Searcy commended staff for being a part of all of the committees that are
involved with the re-opening of Palm Beach County.
Mr. Lukasik thanked former Palm Beach County Commissioner Karen Marcus for having a part
in getting staff involved with the committees that are a part of the re-opening of Palm Beach County.
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
Mr. Tom Magill commented on the Audit Committee Annual Report and stated that he was glad
to report that there was a 12% increase in unallocated funds. On behalf of the Audit Committee,
Mr. Magill commended Finance Director Samia Janjua and her staff for their hard work.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:13 p.m.
VILLAGE OF NORTH PALM BEACH
FINANCE DEPARTMENT
TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Samia Janjua, Finance Director DATE: May 14, 2020 SUBJECT: ORDINANCE – 2nd Reading – General Fund Budget Amendment for FY 2020 Capital Leases
During the Fiscal Year 2020 budget process, Village Staff evaluated the option of leasing its
vehicles versus directly purchasing them. Village Council has approved the following capital lease
programs:
Description Lease
Term
Annual
Payment
Total
Payments ①
Total
Financed ②
Village-wide Vehicle Lease 5 Years $60,505 $302,523 $282,068
Ambulance Lease 7 years $49,055 $358,385 $327,203
Total $109,560 $660,908 $609,271
① Principal + Interest + Balloon payment; ②Principal + Balloon payment
The annual debt service for these capital leases is budgeted in the General Fund; however, the
Village’s Auditor has advised that the total amount financed for capital leases should be shown in
the Fiscal Year 2020 budget as “other financing sources/uses” and capital outlay for financial
reporting purposes. (Note: this requirement is for the first year of the lease only):
GASB
“When a capital lease represents the acquisition or construction of a general capital asset,
the acquisition or construction of that asset should be reflected as an expenditure and
other financing source, consistent with the accounting and financial reporting for general
obligation bonded debt.”
There won’t be a net income effect in 2020 but, because it increases the total FY 2020 General
Fund Budget, a budget amendment ordinance is required:
Budget Amendment:
Fund Account Description Use Source
General Fund A4200-09901 Capital Lease $609,271
General Fund A5540-66000 Capital Lease $609,271
Total $609,271 $609,271
At its April 9th Regular Session, Council approved the Budget Amendment Ordinance # 2020-01
on 1st Reading without modification.
The attached Ordinance has been prepared/reviewed for legal sufficiency by your Village
Attorney.
Recommendation:
The Administration recommends Council consideration and approval on second reading
of the attached Ordinance authorizing the Mayor and Village Clerk to execute the required
budget amendment for the Capital Leases in accordance with Village policies and
procedures.
Page 1 of 2
ORDINANCE NO. 2020-____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING THE ADOPTED GENERAL FUND 4
BUDGET FOR FISCAL YEAR 2020 TO CLASSIFY THE TOTAL AMOUNT 5
FINANCED FOR VILLAGE VEHICLES AS CAPITAL OUTLAY; PROVIDING 6
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 7
AN EFFECTIVE DATE. 8
9
WHEREAS, during Fiscal Year 2020, the Village Council approved two capital lease programs, one 10
Village-wide and the other for a fire rescue vehicle (ambulance); and 11
12
WHEREAS, while the Village has budgeted the annual debt services for these leases in the General 13
Fund, the Village Auditor has advised the Village that the total amount financed for capital leases 14
should be shown in the Fiscal Year 2020 budget as “other financing uses/sources” and capital outlay 15
for financial reporting purposes; and 16
17
WHEREAS, notwithstanding the lack of any net income effect, because this amendment increases 18
the total amount of the budget, this transfer must be accomplished by ordinance as required by Section 19
166.241, Florida Statutes; and 20
21
WHEREAS, the Village Council determines that the adoption of this budget amendment is in the best 22
interests of the residents and citizens of the Village of North Palm Beach. 23
24
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM 25
BEACH, FLORIDA as follows: 26
27
Section 1. The foregoing recitals are hereby ratified as true and correct and incorporated herein. 28
29
Section 2. The Village Council hereby amends the adopted Village of North Palm Beach General 30
Fund budget for Fiscal Year 2020 as follows: 31
32
Budget Amendment: 33
34
Fund Account Description Use Source
General Fund A4200-09901 Capital Lease $609,271
General Fund A5540-66000 Capital Lease $609,271
Total $609,271 $609,271
35
Section 3. The Mayor and Village Clerk are hereby authorized and directed to execute the budget 36
amendment for and on behalf of the Village of North Palm Beach. 37
38
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 39
reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 40
holding shall not affect the remainder of this Ordinance. 41
42
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 43
herewith are hereby repealed to the extent of such conflict. 44
Page 2 of 2
Section 6. This Ordinance shall be effective immediately upon adoption. 1
2
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 3
4
PLACED ON SECOND, FINAL READING AND PASSED THIS ________ DAY OF 5
___________, 2020. 6
7
8
(Village Seal) ______________________________ 9
MAYOR 10
11
12
ATTEST: 13
14
15
VILLAGE CLERK 16
17
APPROVED AS TO FORM AND 18
LEGAL SUFFICIENCY: 19
20
21
VILLAGE ATTORNEY 22
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGERS OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Chuck Huff, Special Projects Director
DATE: May 14, 2020
SUBJECT: RESOLUTION – Approving a Fifth Amendment to the Communications Site Lease
Agreement with Cellco Partnership d/b/a Verizon Wireless for a telecommunications
tower adjacent to the Community Center.
Village Staff received a request from Cellco Partnership d/b/a Verizon Wireless to amend the existing
Lease Agreement to extend the term and provide for annual rent increases.
Through the adoption of Resolution 82-2001, the Village Council approved and executed a
Communications Site Lease Agreement (“Lease Agreement”) with Primeco Personal Communications
Limited Partnership for the erection of a telecommunications tower and the installation of related
equipment adjacent to the Community Center. Primeco Personal Communications has become Verizon
Wireless. The current lease agreement terminates on November 30, 2021.
In 2013, the Village Council approved and executed a First Amendment to the Lease Agreement to add
an additional area for the installation of a diesel generator and fuel tank, together with a utility easement
across the parking lot, in exchange for a $500.00 increase in the monthly rent.
In 2014, the Village Council approved and executed a Second Amendment to the Lease Agreement to
add approximately 136 square feet to the leased premises to install HVAC condenser units, as well as
an additional easement to connect such units to the existing ground space, in exchange f or a $650.00
increase in the monthly rent.
In 2015, the Village Council approved and executed a Third Amendment to the Lease Agreement to
remove three existing antennas, relocate three of the remaining antennas and add seven new antennas,
coaxial lines and hybrid lines for a total configuration of ten antennas and related equipment in exchange
for a $250.00 increase in monthly rent.
In 2018, the Village Council approved and executed a Fourth Amendment to the Lease Agreement to
install one additional antenna and add coaxial lines and hybrid lines, resulting in a total configuration of
eleven antennas and related equipment, in exchange for a $250.00 increase in monthly rent.
Verizon Wireless is requesting to again amend the Lease Agreement to extend the term of the Agreement
for a period beginning December 1, 2021 and ending on November 30, 2026. So long as Verizon
Wireless is in compliance with the terms and conditions of the Agreement and is not in default, Verizon
Wireless shall have the right to extend the term of the Agreement for three (3) additional, successive five
(5) year renewal terms. The Agreement shall automatically be extended for each of these successive
renewal terms unless Verizon Wireless notifies the Village in writing of its intention not to renew at least
six (6) months prior to the expiration of the then-current term. During each renewal term, all terms and
conditions of the Agreement shall remain in full force and effect, including three percent (3%) annual
increases in rent in accordance with Section 5(b) of the Lease Agreement.
The attached Resolution and Fifth Amendment have been prepared and/or reviewed for legal sufficiency
by the Village Attorney.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
a Fifth Amendment to the Communications Site Lease Agreement with Cellco Partnership d/b/a
Verizon Wireless and authorizing the Mayor and Village Clerk to execute the Fifth Amendment and
accompanying Amended Memorandum of Agreement in accordance with Village policies and
procedures.
Page 1 of 2
RESOLUTION NO. 2020-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A FIFTH AMENDMENT TO THE
COMMUNICATIONS SITE LEASE AGREEMENT WITH VERIZON WIRELESS
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 82-2001, the Village Council approved and executed
a Communications Site Lease Agreement (Ground) with Primeco Personal Communications Limited
Partnership n/k/a Cellco Partnership d/b/a Verizon Wireless (“Verizon”) for the erection of a
telecommunications tower and the installation of related equipment adjacent to the Village
Community Center; and
WHERAS, through the adoption of Resolution 2013-57, the Village Council approved and executed
a First Amendment to the Lease Agreement to add an area to the leased premises for the installation
of a diesel generator and fuel tank, together with a utility easement across the parking lot in exchange
for an increase in the monthly rent; and
WHEREAS, through the adoption of Resolution 2014-84, the Village Council approved and executed
a Second Amendment to the Lease Agreement to add additional ground space to install HVAC
condenser units and an easement necessary to connect such units to the existing ground space in
exchange for an increase in the monthly rent; and
WHEREAS, through the adoption of Resolution 2015-90, the Village Council approved and executed
a Third Amendment to the Lease Agreement to remove three existing antennas, relocate three of the
remaining antennas and add seven new antennas, coaxial lines and hybrid lines for a total
configuration of ten antennas in exchange for a $250.00 increase in monthly rent; and
WHEREAS, through the adoption of Resolution 2018-55, the Village Council approved and executed
a Fourth Amendment to the Lease Agreement to add one new antenna, coaxial lines and hybrid lines
for a total configuration of eleven antennas in exchange for a $250.00 increase in monthly rent; and
WHEREAS, the Village has received a request from Verizon to again amend the Lease Agreement
to extend the term for an additional five years, with the option for three addit ional five-year renewal
terms; 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 Fifth Amendment to the Communications
Page 2 of 2
Site Lease Agreement (Ground) with Cellco Partnership d/b/a Verizon Wireless, a copy of which is
attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the
Fifth Amendment and accompanying Amended Memorandum of Agreement 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 _____ DAY OF ________________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
1
Lessee Site I.D.: NPB Community Center/ No. 131829
FIFTH AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
This Fifth Amendment to Communications Site Lease Agreement (Ground) (the “Amendment”)
is made and entered into this _________ day of ___________________, 20___, by and between Village
of North Palm Beach, a Florida municipal corporation (“Lessor”), and Cellco Partnership d/b/a Verizon
Wireless, a Delaware general partnership (“Lessee”). Lessor and Lessee may be collectively referred to
herein as the “Parties”.
RECITALS:
WHEREAS, Lessor and Lessee (or their respective predecessors-in-interest) are party to that
certain Communications Site Lease Agreement (Ground) dated November 13, 2001, as amended by that
certain First Amendment to Communications Site Lease Agreement (Ground) dated December 19, 2013,
as further amended by that certain Second Amendment to Communications Site Lease Agreement
(Ground) dated January 27, 2015, as further amended by that certain Third Amendment to
Communications Site Lease Agreement (Ground) dated January 18, 2016, and as further amended by that
certain Fourth Amendment to Communications Site Lease Agreement (Ground) last executed on
November 16, 2018 (collectively, the “Agreement”), pursuant to which Lessor leases to Lessee certain
premises as more particularly described in the Agreement; and
WHEREAS, Lessor and Lessee desire and intend to amend certain terms of the Agreement as
provided herein.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree to be legally bound to this Amendment as follows:
1. Capitalized Terms. Capitalized terms not defined in this Amendment shall have the same
meanings attributed to them in the Agreement.
2. Term Extension. Lessor and Lessee acknowledge that the Agreement is currently scheduled to
expire on November 30, 2021. The Parties hereby agree to extend the term of the Agreement for
a period beginning December 1, 2021 and ending on November 30, 2026 (the “Expiration Date”).
Provided Lessee has abided by the terms and conditions of the Agreement and is not then in
default thereof, following the Expiration Date, Lessee shall have the right to extend the term of
the Agreement for three (3) additional, successive five (5) year renewal terms. The Agreement
shall automatically be extended for each of these successive renewal terms unless Lessee notifies
Lessor in writing of Lessee’s intention not to renew at least six (6) months prior to the expiration
of the then-current term. During each renewal term, all terms and conditions of the Agreement
shall remain in full force and effect, including increases in rent in accordance with Section 5(b) of
the original Agreement.
3. This Amendment shall be effective upon execution by both parties.
4. The Parties hereby reaffirm their rights and obligations under the Agreement as modified by this
Amendment. In the event of any inconsistencies between the Agreement and this Amendment,
the terms of this Amendment shall control. The Agreement and this Amendment contain all
agreements, promises or understandings between Owner and Tenant and no verbal or oral
agreements, promises or understandings shall be binding upon either Owner or Tenant in any
2
dispute, controversy, or proceeding at law. Any addition, variation or modification to the
Agreement and Amendment shall be void and ineffective unless made in writing and signed by
the Parties. In the event any provision of the Agreement or Amendment is found to be invalid or
unenforceable, such a finding shall not affect the validity and enforceability of the remaining
provisions of the Agreement or Amendment.
[Signatures appear on the following page.]
3
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the date
indicated above.
Lessor:
Village of North Palm Beach, a Florida municipal
corporation
Witnesses:
By: ______________________________
Witness
Print Name: Name: ___________________________
Title: ___________________________
Date: ____________________________
Witness
Print Name:
Lessee:
Cellco Partnership d/b/a Verizon Wireless
Witnesses:
By: ______________________________
Witness Name: ___________________________
Print Name: Title: ____________________________
Date: ____________________________
Witness
Print Name:
1
Prepared By and Upon Recording, Return to:
Bonnie Bolz Merkt, Esq.
Ginsberg Jacobs LLC
300 South Wacker Drive, Suite 2750
Chicago, Illinois 60606
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
Lessee Site ID: NPB Community Center, No. 131829
AMENDED MEMORANDUM OF AGREEMENT
This Amended Memorandum of Agreement ("Amended Memorandum") is made this _____ day
of _____________, 20__, between Village of North Palm Beach, a Florida municipal corporation
(“Lessor”), and Cellco Partnership d/b/a Verizon Wireless, a Delaware general partnership (“Lessee”).
Lessor and Lessee are at times collectively referred to hereinafter as the "Parties".
1. Lessor and Lessee (or their respective predecessors-in-interest) have executed that certain
Communications Site Lease Agreement (Ground) dated November 13, 2001, as amended by that
certain First Amendment to Communications Site Lease Agreement (Ground) dated December
19, 2013, as further amended by that certain Second Amendment to Communications Site Lease
Agreement (Ground) dated January 27, 2015, as further amended by that certain Third
Amendment to Communications Site Lease Agreement (Ground) dated January 18, 2016, and as
further amended by that certain Fourth Amendment to Communications Site Lease Agreement
(Ground) last executed on November 16, 2018 (collectively, the “Agreement”), and as
documented by that certain Memorandum of Agreement recorded on November 30, 2001, in
Book 13132, Page 1854, as Document No. 20010526478, of the Official Records of Palm Beach
County, Florida (the "Memorandum”).
2. Lessor and Lessee entered into that certain Fifth Amendment to Communications Site Lease
Agreement (Ground) dated __________________, 20___ (the “Fifth Amendment”), and the
Parties wish to amend the Memorandum as more fully set forth herein.
3. Lessor and Lessee acknowledge that the term of the Agreement shall expire on November 30,
2021. Pursuant to the Fifth Amendment, Lessee and Lessor have agreed to extend the term of the
2
Agreement for a period beginning on December 1, 2021 and ending on November 30, 2026.
Thereafter, Lessee shall have the right to extend the term of the Agreement for three (3)
additional, successive five (5) year renewal terms.
4. Except as necessary to conform hereto, all of the terms and conditions of the Memorandum shall
remain in full force and effect, and shall extend to and be binding upon the respective executors,
administrators, heirs, successors and assigns of Lessor and Lessee.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
(SIGNATURE PAGE TO FOLLOW)
3
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, Lessor and Lessee have caused
this Amended Memorandum to be duly executed on the date first written hereinabove.
Lessor:
Village of North Palm Beach, a Florida municipal
corporation
Witnesses:
By: ______________________________
Witness
Print Name: Name: ___________________________
Title: ___________________________
Date: ____________________________
Witness
Print Name:
Lessee:
Cellco Partnership d/b/a Verizon Wireless
Witnesses:
By: ______________________________
Witness Name: ___________________________
Print Name: Title: ____________________________
Date: ____________________________
Witness
Print Name:
4
STATE OF ______________ )
) LESSOR ACKNOWLEDGMENT
COUNTY OF ___________ )
I, ___________________, do hereby certify that ________________________ personally came
before me this day and acknowledged that he/she is the _________________________ of the VILLAGE
OF NORTH PALM BEACH, a Florida municipal corporation, and he/she, being authorized to do so,
executed the foregoing AMENDED MEMORANDUM OF AGREEMENT as his/her own act and deed
on behalf of VILLAGE OF NORTH PALM BEACH. He/She is personally known to me or has
produced ____________________________________ as identification.
WITNESS my hand and official Notarial Seal, this day of , 20____.
____________________________________
Notary Public
My Commission Expires:
______________________
STATE OF _________________ )
) LESSEE ACKNOWLEDGMENT
COUNTY OF _______________ )
I, ___________________, do hereby certify that _________________personally came before me this day
and acknowledged that he/she is the __________________________ of CELLCO PARTNERSHIP
d/b/a Verizon Wireless, a Delaware general partnership, and that he/she, as _______________________,
being authorized to do so, executed the foregoing AMENDED MEMORANDUM OF AGREEMENT
on behalf of CELLCO PARTNERSHIP d/b/a Verizon Wireless. He/she is personally known to me.
WITNESS my hand and official Notarial Seal, this day of , 20___.
___________________________________
Notary Public
My Commission Expires:
______________________
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: May 14, 2020
SUBJECT: RESOLUTION – Accepting a proposal from the Village Engineer, Engenuity Group,
Inc., to provide professional engineering services for the West Alleyway Pavement
Rehabilitation project at a cost of $45,725.
Through the adoption of Resolution 2016-30 on May 26, 2016, the Village executed a Continuing
Contract for Professional Engineering Services with Engenuity Group, Inc. to serve as Village Engineer.
Village Staff is recommending utilizing this Contract engage the Village Engineer to provide professional
engineering services for the West Alleyway Pavement Rehabilitation project at a cost of $45,725. The
services will be performed by Engenuity and one of its subconsultants, Ardaman & Associates, Inc., in
accordance with the terms of the Continuing Contract.
Due to the very poor condition of portions of the western alleyway pavement (see the attached excerpt
from the pavement condition report) and the importance it has relative to future redevelopment (see the
attached excerpt from the 2016 Citizens’ Master Plan), Village Staff plans to conduct an initial pavement
assessment and base exploration that the Village Engineer can use to design an appropriate project
scope. There is $310,000 plus any Infrastructure Surtax Fund balance budgeted this fiscal year for
Asphalt Resurfacing. The Capital Improvement Plan (CIP) has $310,000 budgeted each year for the
following four (4) years.
The Infrastructure Surtax Committee recommended to Village Council on September 12, 2019 to use
any Infrastructure Surtax Fund balance to increase the Asphalt Resurfacing budget, and Village Council
agreed. Depending on the competitive bids received, the project scope will be adjusted to fit within the
FY2020 Asphalt Resurfacing budget.
The Village’s Purchasing Policy requires “All purchases in excess of $25,000 and up to $50,000 shall
be brought to the Village Council on Consent Agenda for approval”.
The attached Resolution has been prepared and/or reviewed by your Village Attorney for legal
sufficiency.
Account Information:
Fund Department /
Division
Account
Number
Account
Description Amount
Infrastructure
Surtax
Public Works /
Streets & Grounds I7321-66210 Construction &
Major Renovation $45,725
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution accepting
a proposal from the Engenuity Group, Inc., to provide professional engineering services for the
West Alleyway Pavement Rehabilitation project at a cost of $45,725, with funds expended from
the Infrastructure Surtax Fund – Account Number I7321-66210 (Construction & Major
Renovation), in accordance with Village policies and procedures.
RESOLUTION 2020-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM
ENGENUITY GROUP, INC. FOR ENGINEERING, BIDDING AND
CONSTRUCTION PHASE SERVICES FOR THE WEST ALLEYWAY
PAVEMENT REHABILITATION PROJECT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village is a party to a Continuing Contract for Professional Engineering Services
with Engenuity Group, Inc. to perform engineering and related services as Village Engineer; and
WHEREAS, Village Administration recommended accepting the proposal submitted by Engenuity
Group, Inc., to perform engineering, bidding and construction phase services associated with west
alleyway pavement rehabilitation project; and
WHEREAS, the Infrastructure Surtax Oversight Committee recommended the use of
Infrastructure Surtax funds for this project, and the Village Council determines that the use of such
funds complies with all legal requirements; and
WHEREAS, the Village Council determines that the adoption of this Resolution 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 and accepts the proposal submitted by
Engenuity Group, Inc. pursuant to the Continuing Contract for Professional Engineering Services,
to perform engineering, bidding and construction phase services associated with west alleyway
pavement rehabilitation project at a total cost of $45,725.00, with funds expended from Account
No. I7321-66210 (Streets and Grounds – Construction and Major Renovation). The Village
Council further authorizes the Village Manager to execute all documents necessary to effectuate
these services.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
2020 03-06 Proposal
Project No. 03045.139
Page 1 of 7
March 06, 2020
Steven Hallock
Director of Public Works
Village of North Palm Beach
645 Prosperity Farms Road
North Palm Beach, FL 33408
(Via E-Mail: shallock@village-npb.org)
Re: Professional Civil Engineering Services
West Alleyway Pavement Rehabilitation
North Palm Beach, Florida
Engenuity Group Project No. 03045.139
Dear Mr. Hallock:
We are pleased to offer this proposal to render professional civil engineering
services in connection with the West Alleyway Pavement Rehabilitation, located
in North Palm Beach (hereinafter called the ‘Project’).
Our services will consist of preparation of construction documents, bidding
assistance, and construction administration services. All as set forth in Exhibit “A”
which is attached to this letter.
This proposal is based on our conversations regarding pavement rehabilitation
options for the alleyway from Village Hall on the South, to North Anchorage Dr.
on the North, for a distance of approximately 3700 LF. We are also including
services for Ardaman & Associates for initial pavement/base exploration and
construction phase services.
Our services as set forth in Exhibit “A” will be provided for a lump sum of
$45,725.00 based on the following distribution of compensation:
A. Design Plan Preparation and Coordinate with Geotech $29,000.00
B. Bid Assistance $ 1,500,00
C. Construction Administrative Services (Engenuity) $ 8,500.00
D. Geotechnical Exploration (pavement coring’s) for $ 6,725.00
Design; and Construction Phase Services will be provided per the
attached proposal from Ardaman and Associates
2020 03-06 Proposal
Project No. 03045.139
Page 2 of 7
Permit Fees, Reproduction Charges and Reimbursable Expenses
The Total Contract Price does not include the payment of any governmental
agency submittal fees. The cost of these fees and any costs incurred by the office
for printing, reproduction and other reimbursable expe nses such as long-distance
telephone calls, facsimile, postage, travel, and document copy charges will be
billed to the client monthly.
Invoicing and Payment
Work will be invoiced on a monthly basis for work completed to date. Invoice shall
be paid in full by the Client within thirty (30) days of the invoice date, unless within
such thirty (30) day period, Client notifies Engenuity Group, Inc. in writing of its
objection to the amount of said invoice. Such notice shall be accompanied by
payment of any undisputed portion of said invoice. If written objection is not
received within thirty (30) days it shall constitute approval of invoice by Client. If
the payment is not received within thirty (30) days of billing date, a late charge
will be added to the invoice in the amount of 1½ percent per month on the
outstanding balance. If payment is not received within sixty (60) days of the
invoice date, work may be suspended on the project until the outstanding
invoice(s) are paid in full.
This proposal represents the entire understanding between you and us with
respect to the Project. If this satisfactorily sets forth your understanding of our
agreement, please execute the attached Authorization and return it to us. If you
have any questions, please do not hesitate to contact us.
PURSUANT TO FLORIDA STATUTES § 558.0035 (2013) AN INDIVIDUAL
EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE.
Sincerely, Approved by:
Adam Swaney, P.E. Keith B. Jackson, P.E.
Director of Engineering Vice President
2020 03-06 Proposal
Project No. 03045.139
Page 3 of 7
EXHIBIT “A”
West Alleyway Pavement Rehabilitation
North Palm Beach, FL
Engenuity Group Project No. 03045.139
ENGINEER’S SERVICES:
A1.01 Preliminary Engineering
A. Coordinate with the Geotechnical Engineer on pavement cores.
B. Review Geotechnical Engineer’s report findings to facilitate a pavement
rehabilitation design.
A1.02 Design and Permitting Phase Services
A. Meet with OWNER to define and clarify OWNER’S requirements for the Project and
available data.
B. Conduct walk/drive thru with owner prior to plan preparation.
C. Prepare drawings indicating the scope, extent, and character of the paving work
to be performed and furnished by the CONTRACTOR. Drawings will utilize a recent
aerial as a base map. Survey data will not be collected for this project. Plans will
include curb placement where necessary to facilitate drainage runoff and
conveyance. No drainage design or construction is anticipated as existing
grading patterns will be utilized. Transitions to existing paved surfaces along the
route will be incorporated. Existing wire utilities and supporting poles will remain in
place. Existing concrete wall on west side of right of way will remain in place with
new pavement to match approximately at same grade.
D. Prepare project manual with specifications and contract documents for bidding.
E. Attend up to three (3) coordination meetings.
F. Items to be furnished by OWNER:
2020 03-06 Proposal
Project No. 03045.139
Page 4 of 7
1. Soil borings and analysis by Geotechnical Engineer are included in this
proposal, attached.
G. This proposal does not include the following:
1. The design of any offsite turn lanes, road widening, median adjustments,
and water main or force main improvements.
2. Preparation of an NPDES permit application.
3. Preparation of a South Florida Water Management District dewatering
permit application.
4. Reproduction of drawings and specifications for CONTRACTOR’S use during
construction.
5. Travel outside of Palm Beach County for meetings.
6. Survey including boundary, topography, platting or construction layout.
7. Design of landscaping, irrigation, and lighting.
8. Coordination of new or relocated electrical, gas, telephone, and TV
services.
A1.03 Bidding Phase Services
A. Assist OWNER in advertising for and obtaining bids for the Work.
B. Attend pre-bid conference and issue minutes.
C. Issue Addenda as appropriate to clarify, correct, or change the Bidding
Documents.
D. Attend the Bid opening, assist in evaluation of Bids and make a recommendation
for award.
2020 03-06 Proposal
Project No. 03045.139
Page 5 of 7
A1.04 Construction Phase Services
A. Preconstruction Conference. Attend a Preconstruction Conference prior to
commencement of Work at the Site.
B. Visits to Site and Observation of Construction. In connection with observations of
CONTRACTOR’S work in progress while it is in progress:
1. Make no more than fourteen (14) visits to the site at intervals appropriate
to the various stages of construction, as ENGINEER deems necessary, in
order to observe as an experienced and qualified design professional the
progress and quality of the Work. Such visits and observations by
ENGINEER, are not intended to be exhaustive or to extend to every aspect
of CONTRACTOR’S work in progress or to involve detailed inspections of
CONTRACTOR’S work in progress beyond the responsibilities specifically
assigned to ENGINEER in the Contract Documents, but rather are to be
limited to spot checking, selective sampling, and similar methods of
general observation of the Work based on ENGINEER’S exercise of
professional judgment. Based on information obtained during such visits
and such observations, ENGINEER will determine in general if
CONTRACTOR’S work is proceeding in accordance with the Contract
documents, and ENGINEER shall keep OWNER informed of the progress of
the Work.
2. ENGINEER will not, during such visits or as a result of such observations of
CONTRACTOR’S work in progress, supervise, direct, or have control over
CONTRACTOR’S work nor shall ENGINEER have authority over or
responsibility for the means, methods, techniques, sequences, or
procedures of construction selected by CONTRACTOR, for safety
precautions and programs incident to regulations applicable to
CONTRACTOR’S furnishing and performing the Work.
Accordingly, ENGINEER neither guarantees the performance of any
CONTRACTOR nor assumes responsibility for any CONTRACTOR’S failure to
furnish and perform its work in accordance with the Contract Documents.
C. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and
interpretations of the Contract Documents as appropriate to the orderly
completion of CONTRACTOR’S work. Such clarifications and interpretations will
be consistent with the intent of and reasonably inferable from the Contract
2020 03-06 Proposal
Project No. 03045.139
Page 6 of 7
Documents. ENGINEER may issue Field Orders authorizing minor variations from
the requirements of the Contract Documents.
D. Shop Drawings and Samples. Review and approve or take other appropriate
action in respect to Shop Drawings and Samples and other data which
CONTRACTOR is required to submit, but only for conformance with the
information given in the Contract Documents and compatibility with the design
concept of the completed Project as a functioning whole as indicated in the
Contract Documents. Such review and approvals or other action will not extend
to means, methods, techniques, sequences or procedures of construction or to
safety precautions and programs incident thereto. ENGINEER has an obligation
to meet the CONTRACTOR’S submittal schedule that has earlier been
acceptable to ENGINEER.
E. Applications for Payment. Based on ENGINEER’S on-site observations as an
experienced and qualified design professional, ENGINEER will review pay
applications and advise OWNER to either recommend payment or return the pay
application to the CONTRACTOR for correction.
F. Inspections and Tests. Require such special inspections or tests of CONTRACTOR’S
work as deemed reasonably necessary, and receive and review all certificates
of inspections, tests, and approvals required by Laws and Regulations or the
Contract Documents. ENGINEER’S review of such certificates will be for the
purpose of determining that the results certified indicate compliance with the
Contract Documents and will not constitute an independent evaluation that the
content or procedures of such inspections, tests, or approvals comply with the
requirements of the Contract Documents. ENGINEER shall be entitled to rely on
the results of such tests. Field testing of materials is not included in ENGINEER’S
scope of services.
G. Record Drawings. Review Record Drawings prepared and certified by the
CONTRACTOR’S Florida licensed surveyor and the CONTRACTOR.
H. Completion of Construction Certifications. Prepare construction completion
certifications and submit to the following agencies:
1. Village of North Palm Beach
I. Substantial Completion. Promptly after notice from CONTRACTOR that
CONTRACTOR considers the entire Work ready for its intended use, in company
with OWNER and CONTRACTOR, conduct a review of the work to determine if it
is Substantially Complete.
2020 03-06 Proposal
Project No. 03045.139
Page 7 of 7
J. Final Notice of Acceptability of the Work. Conduct a final review to determine if
the completed Work of CONTRACTOR is acceptable.
K. Contract Time. ENGINEER’S services during construction are dependent upon
the timely performance of CONTRACTOR’S work. ENGINEER’S services are based
on a construction Contract Time of seventy-five (75) calendar days for final
completion of the work. If the CONTRACTOR exceeds such period of time,
ENGINEER’S compensation shall be subject to an equitable adjustment.
2200 North Florida Mango Road, Suite 101, West Palm Beach, Florida 33409 Phone (561) 687-8200 FAX (561) 640-7375
Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando, Port St. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach
Louisiana: Baton Rouge, Monroe, New Orleans, Shreveport
AAI Proposal No. 20-P-5666
March 5, 2020
Engenuity Group Inc.
1280 North Congress Avenue, Suite 101
West Palm Beach, FL 33409
Attention: Keith Jackson, P.E.
Proposal for Pavement Exploration and Monitoring Program
NPB West Alley Pavement Rehabilitation Project
North Palm Beach, Florida
Pursuant to your request, we are pleased to perform an exploration and testing program to determine the
thicknesses of the existing pavement section materials forming the alley way between Eastwind Drive and US
Highway 1 from Anchorage Drive to the north and south in North Palm Beach, Florida. Our pavement exploration
services will include a limited visual assessment of the existing pavement conditions with photograph
documentation and the performance of up to eight (8) pavement cores to determine the thickness, layering and
bonding of asphalt layer(s) and to determine the nature, thickness and apparent firmness of the pavement base
material. Auger borings will be performed to a depth up to 8 feet (as allowed by the water table) at up to 4
locations to determine the nature of underlying soils and the depth to the groundwater table. The core holes will
be patched with cold patch asphalt. Considering the location of the roadway, we will provide only minimal traffic
control measures (warning signs, cones, etc.) during the performance of our field work. If it is determined that
the field exploration work cannot be safely performed without a formal Maintenance of Traffic (MOT) plan with
partial and/or periodic lane closures, we will present those costs to you for third-party MOT under a different
proposal. A report will be issued presenting our findings and general recommendations for the repaving project.
In addition, we have also provided estimated costs for limited periodic inspection services during the repaving
work to verify that the assumed Full Depth Reclamation (FDR) operation and asphalt paving are conducted in
general accordance with plan specifications. At this time, we assume the repaving project will consist of FDR;
consequently, the performance of tests (Marshall stability pills, field proctors and field density tests) will be
required on the FDR base material. For the asphalt paving, we preliminarily estimate that the repaving work will
last up to 5 days but can revise our proposal once the estimated time has been provided by the paving contractor.
We will monitor the asphalt temperature during placement, perform backscatter density tests and obtain one bulk
sample of asphalt for laboratory extraction/gradation testing. In addition, we will conduct post-pavement coring
services to verify the thickness and density of the new asphalt and to check the condition of the FDR base.
Following our monitoring program, we will compile an engineering report documenting our observations and test
results. We estimate the following services will be required or this project:
Pavement Exploration
1. Initial site visit, layout of coring locations and photographic documentation of existing conditions:
- Project Engineer – 4 hours @ $125.00/hour ................................................................................ $500.00
2. Field work:
- Mobilization/demobilization of coring equipment (lump sum) ....................................................... $150.00
- 8 cores @ $110.00/core ............................................................................................................... $880.00
- Auger borings 4 borings to 8 feet @ $10.00/foot .......................................................................... $320.00
- Equipment and materials .............................................................................................................. $150.00
- Traffic Control Measures .............................................................................................................. $150.00
3. Data compilation & report preparation:
- Senior Project Engineer – 2 hours @ $140.00/hour ......................................................................... $280.00
- Staff Engineer – 5 hours @ $125.00/hour......................................................................................... $625.00
Pavement Exploration Estimated Total ............................................................................................... $3,055.00
NPB West Alley Pavement Exploration Page 2
AAI Proposal No. 20-P-5666
Construction Phase (assuming FDR and asphalt resurfacing)
1. Engineering Technician (including travel) 5 days @ 3 hours/day @ $55.00/hour .............................. $825.00
Staff Engineer – 4 hours @ $125.00/hour ........................................................................................... $500.00
2. FDR and Asphalt Testing:
- Field Proctor Tests (FDR mix) – 2 tests @ $85.00/test ................................................................ $170.00
- Marshall Pills for Compressive Strength Tests (sets of 3 pills) – 2 sets @ $105.00/set............... $210.00
- Asphalt Temperature Monitoring .................................................................. no charge while tech on site
- Backscatter/Spread rate and FDR in-place density tests ............................. no charge while tech on site
- Cores for densities: 3 cores @ $110.00/core ............................................................................... $330.00
- Mobilization/demobilization – 1 trips @ $150.00/trip .................................................................... $150.00
- Equipment and materials .............................................................................................................. $150.00
- Traffic Control Measures .............................................................................................................. $150.00
- Unit Weight (Density) – 3 tests @ $40.00/test.............................................................................. $120.00
- Extraction & Gradation Tests – 1 tests @ $300.00/test ................................................................ $300.00
3. Data compilation & report preparation:
- Senior Project Engineer – 1 hours @ $140.00/hour ......................................................................... $140.00
- Staff Engineer – 5 hours @ $125.00/hour......................................................................................... $625.00
Construction Phase Estimated Total .................................................................................................. $3,670.00
Summary of Services
Pavement Exploration ............................................................................................................................. $3,055.00
Construction Phase ................................................................................................................................. $3,670.00
Estimated Project Total ........................................................................................................................ $6,725.00
This proposal is subject to the applicable terms in the enclosed General Conditions, and to the following: (1)
access to the coring locations is to be readily available, (2) the provided scope of work will be adequate, (3) if
deemed necessary, Ardaman & Associates, Inc. will coordinate the location of underground utility lines through
Sunshine State One Call of Florida (SSOCOF). We cannot take responsibility for damages to private
underground lines or structures and/or underground services which do not subscribe to SSOCOF; their locations
should be provided by the client prior to commencement of the field work.
Please sign and return the enclosed Proposal/Project Acceptance and Agreement form as an indication of your
acceptance of our proposal terms and authorization to proceed with the work. Please complete the form in its
entirety to help us set up your file correctly and please provide us with the names and addresses of all parties
who should receive copies of our reports for this project.
Please do not hesitate to contact our office should you have any questions concerning this proposal or whenever
we may be of assistance to you.
ARDAMAN & ASSOCIATES, INC.
Mark Zrallack, P.E. Dan Zrallack, P.E.
Construction Services Manager Branch Manager
Attachments: Proposal/Project Acceptance and Agreement Form
General Conditions
PROPOSAL/PROJECT ACCEPTANCE AND AGREEMENT
PROJECT INFORMATION:
Project Name NPB West Alley Pavement Rehabilitation Project
Project Location North Palm Beach, Florida
Proposal Number and Date 20-P-5666 / March 5, 2020
Description of Services Pavement Exploration and Testing Program
Estimated Fee $6,725.00 (unit rates)
PROPERTY OWNER IDENTIFICATION:
Name
Property Identification Number
Address
City/State Zip Code Phone
Attention Title
PAYMENT TERMS:
Payment shall be due within 30 days after date of each periodic invoice. Interest at the rate of 18% per
annum (or the highest rate allowable by law) shall accrue on all amounts not paid within 30 days after date
of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by
Client. Failure to timely pay any invoice shall constitute a waiver of any and all claims against Ardaman &
Associates, Inc.
PROPOSAL ACCEPTANCE:
By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page,
and Ardaman & Associates, Inc.’s General Conditions appearing on the following page of this Proposal,
are incorporated herein by reference. In the event this Proposal Acceptance was received by facsimile,
Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal,
including the Terms on this page, and Ardaman & Associates, Inc.’s General Conditions have been made
available and are incorporated in this agreement.
Accepted this day of , 2020.
Individual, Firm or Corporate Body Name
Authorized Contact Person
Address
City/State Zip Code Phone
Title _________________________ Fax Email
(Signature of authorized representative)
GENERAL CONDITIONS – FLORIDA
Parties And Scope Of Work – Ardaman & Associates, Inc. (hereinafter referred to as “A&A”) shall include said company, its division, subsidiary, parent or affiliate
performing the Work. “Work” means the specific services to be performed by A&A as set forth in A&A’s proposal as wel l as any additional services requested or accepted
by Client. “Client” refers to the person or business entity ordering the Work to be done by A&A. If the Client is ordering the Work on behalf of a third party, the Client
represents and warrants that the Client is the duly authorized agent of said third party for the purpose of ordering and directing said Work. In the event Cl ient is not the
authorized agent of said third party, Client shall be individually liable hereunder. Further, Client shall disclo se any such agency relationship to A&A in writing before the
commencement of A&A’s Work hereunder. Client agrees that A&A’s professional duties are specifically limited to the Work as set forth in A&A’s proposal. The Client
assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client ’s intended purpose.
A&A’s Work is for the exclusive use of Client, and its properly disclosed principal. In no event shall A&A have any duty or obligation to any third party. Directing A&A to
proceed with the Work shall constitute acceptance of the terms of A&A’s proposal and these General Conditions.
On-Call Services – In the event A&A is retained to perform construction materials testing (“CMT”), including but not limited to proctor and soil density tests, concrete tests,
etc., on an On-Call basis such that A&A is not retained to perform continuous observations of construction, Client assumes sole responsibili ty for determining the location
and frequency of sampling and testing. In such On -Call testing, A&A’s test results are only representative of conditions at the test location and elevation, and different
conditions may exist at other locations and other elevations. Furthermore, in the event Client fails to properly determine the location or frequency of sampling and testing,
under no circumstances will A&A assume that duty by performing its CMT services.
Right-of-Entry – Unless otherwise agreed, Client will furnish right-of-entry on the property for A&A to make the planned borings, surveys, and/or explorations. A&A will
take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result
from the planned operations is not included in the contracted amount.
Damage to Existing Man-made Objects – It shall be the responsibility of the Client to disclose the presence and accurate location of all hidden or obscure man -made objects
relative to field tests, sampling, or boring locations. Client waives any claim against A&A arising from any damage to exist ing man-made objects. In addition, Client shall
defend, indemnify and hold A&A harmless from any third party claim arising from damage to existing man-made objects.
Limitation of Liability - A&A shall perform services for Client in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the
standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this obligat ion and
A&A is promptly notified in writing prior to one year after completion of such portion of the services, A&A will re -perform such portion of the services, or if re-performance
is impracticable, A&A will refund the amount of compensation paid to A&A for such portion of the services. In no event sha ll A&A be liable for any special, indirect,
incidental, or consequential damages. The remedies set forth herein are exclusive and the total liability of A&A whether in contract, tort (including negligenc e whether sole
or concurrent), or otherwise arising out of, connected with or resulting from any and all services provided by A&A, including but not limited to the Work, shall not exceed
the total fees paid by Client or $50,000.00, whichever is greater. Client may, upon written request received within five day s of Client’s acceptance hereof, increase the limit
of A&A’s liability by agreeing to pay A&A an additional sum as agreed in writing prior to the commencement of A&A’s services. This charge is not to be construed as being
a charge for insurance of any type, but is increased consideration for the greater liability involved. A&A’s individual professionals, employees, and agents are third party
beneficiaries to these General Conditions,
PURSUANT TO §558.0035, FLORIDA STATUTES, CONSULTANT’S INDIVIDUAL EMPLOYEES
AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISIN G
OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT
TO THIS AGREEMENT.
Sampling or Testing Location – Unless specifically stated to the contrary, the unit fees included in this proposal do not include costs associated with prof essional land
surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on
specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations
unless otherwise stated in the report.
Sample Handling and Retention – Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and A&A, at its sole discretion,
will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writi ng by the Client to store or otherwise handle the
samples. (a) NON HAZARDOUS SAMPLES: At Client’s written request, A&A will maintain preservable test samples and specimens or the residue therefrom for thirty
(30) days after submission of A&A’s report to Client free of storage charges. After the initial 30 days and upon written request, A&A will retain test specimens or samples
for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event t hat samples contain substances
or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances (“Hazar dous
Substances” and “Hazardous Constituents”, respectively), A&A will, after completion of testing and at Client’s expense: (i) return such samples to Client; (ii) using a manifest
signed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Clien t agrees to pay all costs associated with the storage,
transport, and disposal of such samples. Client recognizes and agrees that A&A is acting as a bailee and at no time does A&A assume title of said wa ste.
Discovery of Unanticipated Hazardous Materials – Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they
could or should be present. A&A and Client agree that the discovery of unanticipated hazardous materials constitutes a chang ed condition mandating a renegotiation of the
scope of work or termination of services. A&A and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for A&A to take immediate
measures to protect health and safety. A&A agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be
encountered. Client encourages A&A to take any and all measures that, in A&A’s professional opinion, are justified to preser ve and protect the health and safety of A&A’s
personnel and the public. Client agrees to compensate A&A for the additional cost of working to protect employees’ and the public’s health and safety. In addition , Client
waives any claim against A&A arising from A&A’s discovery of unanticipated hazardous materials or suspected hazardous mate rials.
Indemnification – Client agrees to defend, indemnify and save harmless A&A from all claims, including negligence claims, suits, losses, personal injuries, death and property
liability resulting from the actions or inactions of Client, Client’s contractors, representative s, agents and employees.
Legal Jurisdiction – The parties agree that any litigation shall only be brought in a court of competent jurisdiction located in Orlando, Orange County, Florida. All causes
of action, including but not limited to actions for indemnification and contribution, arising out of A&A’s Work shall be deemed to have accrued and the applicable statutes of
limitation shall commence to run not later than the date of issuance of A&A’s final invoice for the Work. Each of the partie s hereto irrevocably waives any and all right to
trial by jury in any legal proceeding arising out of or relating to this agreement.
Force Majeure - A&A shall not be held responsible for any delay or failure in performance caused by fire, flood, explosion, war, strike, embargo, government requirement,
civil or military authority, acts of God, act or omission of subcontractors, carrier, clients or other similar causes beyond its control.
Drafting and Severability – This Agreement has been drafted by all Parties hereto and shall not be construed against one Party or in favor of any other P arty. In the event
that any provision of this Agreement is held invalid, the remainder of this Agreement shall be fully enforce able.
8/17
THEVILLAGEOF “THE BEST PLACE TO LIVE UNDER THE SUN” VillageNORTHPALMBEACH
Environmental Committee
DRAFT Minutes
Village Hall Conference Room
Monday, March 2, 2020
6:00pm
1. Call toOrder: the meeting was called toorder byChairperson Marcus at6:00p.m.
2. Roll Call:
a. Present: Ellen Allen, Camille Carroll, Lisa Interlandi, Karen Marcus, Mary Phillips,
Shawn Woods, Kendra Zellner
b. Also Present: Andy Lukasik, Steve Hallock, EdCunningham, Jeremy Hubsch, Jack
Sandquist, Jonathan Haigh
3. Approval ofMinutes: The minutes ofthe January 27, 2020 meeting were unanimously approved
aspresented.
4. Public Comments: none.
5. Discussion Items:
a. Review ofproposed commercial Landscape Code:
i. Planning Commission Member Jonathan Haigh, Landscape Architect atKimley-
Horn who editedthe proposed code was inattendance to answer
questions/concerns, discuss major changes and help refine.
ii. Intent/Goal:
1) Decrease surface parking
2) Increase plazaareas, buffers and screening
iii. Compliance:
1) Additional density around parking lots will only be required during
re-development.
2) Existing businesses will need tocomply with Northlake overlay standard
codes (section 45a-3c. d.) implemented May 31, 2014.
3) Planning Commission has anexception process where owners can
propose alternatives tothe code.
iv. Suggested Additions:
1) Distances mulch should beplaced away from trunks/plantings.
2) Concerns regarding rubber mulch.
3) State and County lists regarding prohibited invasive plantings?
v. Misc. - Council will require education onhow thick mulch should beinstalled.
b. Urban Garden :
i. Jack Sandquist , Urban Abundance, has alarge farm inJupiter anddiscussed
best practices for environmental conservation and urban gardens/forests.
1) Education:
a) Benefits ofand how toinstall/maintain food container gardens
and forest systems (agro-forestry) including composting at
home orinthe community
b) Currently noschool programming
2) Passive Education:
a) Lecture series
b) Plantings throughout the Village and atfacilities/parks
c) Signs
d) Weblink
e) Tours
f) Garden club
3) Volunteering:
a) Could aide students infulfilling community service requirement
b) Boy Scouts
c) Girl Scouts
d) Targeted groups (OPC)
4) Benefits:
a) Improve sustainability
b) Reduce waste
c) Water conservation
d) Bring family/community together
5) Accountability:
a) Someone needs tobeheld accountable
b) 80% ofallcommunity gardens fail due todelegation with no
following up
6) Food Forestry System:
a) Can take 2-3years tofeel impacts
b) Year-round planting/growing recommended
c) Varied grow seasons recommended
d) Stressed importance oflow maintenance crops consisting of
herbs, vegetables and fruit trees
e) Size, ¼ acre minimum
f) Drip irrigation with well isbest, cisterns also work well
7) Concerns:
a) Theft
b) Man hours required tomaintain
c) Long-term logistics
8) Successful Programs:
a) Abacoa
b) Boca Raton
9) Possible Village Locations:
a) Osborne Park
b) Community Center
c) Andy will tour Village with Jack for best location
10) Organization - application process
11) Misc.- committee could speak with Faith Lutheran Church who is
considering agarden
c. Heritage Day Booth:
i. Education:
1) Committee will contact owner ofeducational bus that could participate
onsite.
2) Steve will contact SWA for availability/interest. They typically have their
own booth, tools and volunteers.
3) Tools:
a) Literature :
Earth Day Clean-Up sign-insheet
Recycling Do’s & Don’ts
Resident shared recycling bin location
b) Brochures - Jeremy will look for fertilizer ban brochures
c) Recycling bags
d) Stickers
e) Bins (SWA)
f) Signage
ii. Logistics:
1) Best location for bus due topower requirements/availability - Shawn
will find out power requirements
2) Best location for SWA
3) Parks & Recwill provide tables/chairs
4) Committee will provide tent
6. Updates:
a. Anchorage Park Restoration:
i. Status:
1) Waiting for engineering and design proposals
2) Currently working with the bank
3) Discussing design/logistics/phasing with landscape architects
ii. Requirements:
1) Full-scope plan
2) Plan review with neighboring residents
b. Lakeside Park Berm:
i. Scope:
1) Incorporate removing/trimming some larger items
2) Move exotics out and replace with native plantings
3) No new coconut palms will beplanted due torisk ofinjury during
storms
ii. Misc. - committee will beresponsible for removal ofthe smaller, undesirable
plantings because they won’tbeaddresses bythe landscaper.
c. Education
i. “Go Green” letters torestaurants and grocery stores tophase-out plastics
1) Education:
a) Statistics
b) Damage toenvironment
c) List ofalternative items touse (dowe have one?)
d) Weblinks:
Loggerhead’sBlue Table program
Village “Go Green” effort
Other efforts
e) Committee contact information
f) Committee on-site visits
2) Incentives:
a) Ifchoose tophase-out they will be promoted in the monthly
newsletter
b) Listed asparticipant inLoggerhead’sBlue Table program
3) Misc. - alist ofrestaurants will need tobe created
ii. Speaker series atFarmer’sTable
7. Misc.:
a. March 14 was recommended for trial run NPB clean-up
b. April 18 is the Great American Clean-Up
c. Next Meeting: April 6
8. Adjournment: the meeting was adjourned at 7:17 p.m.
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGER’S OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Chuck Huff, Director of Special Projects
DATE: May 14, 2020
SUBJECT: MOTION – Partial Release of Retainage in the amount of $229,167 to the Weitz
Company for the North Palm Beach Country Club Project
Village Staff is recommending releasing a portion of the project retainage to reflect the amount of finished
work at the new Country Club clubhouse. The Village has received a request from Weitz for the release
of approximately half of the retainage left on the contract. Given that the project is over 99% complete
and that the majority of their subcontractors have completed their contractual obligations to Weitz and
the Village, Staff believes this is a reasonable request. However, there are still some outstanding items
that have not been completed and/or are not acceptable to the Village.
The amount of retainage left on the project is $458,042.00. The Village has received an application for
payment from Weitz in the amount of $229,167.00. This leaves a balance of $228,875.00 to be paid and
approved by the Village Council once all unacceptable work has been approved and accepted by the
Village. Staff believes that the remaining retainage is sufficient to complete these tasks should Weitz be
unable to do so.
The two remaining critical areas of concern with the project include:
Faulty lights in the stairs (Grand Staircase and West side of Grille Room)
Note that the approximate cost to replace the lights is $24,800 (62 stair lights @ $400.00 each)
The compromised integrity of the precast stone in the stair treads and coping around the second
floor of the building.
Note that the approximate cost to replace all the stair treads and precast coping on the perimeter
of the second floor is $50,000.00.
As part of this discussion, change orders #16 through #24 have been reviewed and approved by all
parties with the exception of change orders #20 and #24. Peacock and Lewis, the project architect,
issued comments regarding the labor costs of $9,600.00 in change order #20. These costs were
reviewed by the Village’s Construction Manager, Joe Gaudet, who determined them to be appropriate.
In Mr. Gaudet’s review dated November 18, 2019, he recommended approval as the change was
necessary and price was appropriate and subsequently funded through the owner’s contingency.
Peacock and Lewis also identified concerns with change order #24 where a scope gap was identified by
Weitz at the entry pavilion perimeter. Weitz indicated they priced the perimeter as finished concrete while
Peacock and Lewis stated it should have been precast stone. The plans did not show the precast stone.
However, the team believed it would be best to use the precast stone and subsequently directed Weitz
to install it using the contractor contingency in the amount of $4,410.68.
This agenda item requires Village Council action to release of a portion of the retainage amount.
However, Staff will also utilize this opportunity to review change orders approved during the course of
the project, as well as the overall project budget status. A PowerPoint presentation for this review is
attached.
Recommendation:
Village Staff recommends Council consideration and approval of a partial release of retainage in
the amount of $229,167 to the Weitz Company in accordance with Village policies and procedures.
May 14, 2020
Funding Source Amount Total
Loan $15,000,000
Country Club 227,818
GF Unassigned Fund Balance 3,922,527
Total Budget $19,150,345
Total Expenses (see expense summary slide)(19,055,249)
Balance Available (Village + Loan Proceeds)$95,096
Funding Source Amount Total
Total Interest Earnings $548,911
Total Expenses (see expense summary slide)(374,372)
Balance Available (Interest Earnings)$174,539
Total Balance Available = $269,635
Transfer to CIP = (100,000)
Net Available = $169,635
Description Amount
Architect 1,431,816
Architect -Master Plan 227,818
Bag Storage System 18,770
Club Parking Lot Coating & Striping 8,900
Construction Mgr 339,615
Farmers Table 166,760
FPL 25,712
Furniture, Fixtures & Equipment 230,063
Loan Financing 40,483
Material Testing 116,863
Miscellaneous 20,666
Description Amount
Permit / Application / License Fees 147,663
Pool 86,605
Restroom & Shower Trailers 18,058
Signage 21,978
Synthetic Turf 15,447
Technology 249,171
Temporary Facilities 428,689
Weitz 12,411,372
Weitz DPO 3,021,298
Weitz Pre-Construction 27,500
Total Expenses = $19,055,249
Description Amount
Employee Parking Lot $70,657
Brightview -Materials & Repair Tee Boxes 35,820
Cart Paths 51,266
Pool Equipment w/ installation 82,452
Brightview -Replace Sod 6,848
Pool Drain Work 19,834
Precision (Additional Landscaping)22,404
Relocation of Force Main 43,090
Marquee Sign (pending)42,000
Total Expenses = $374,372
Description CIP
Fund
Clubhouse
Project $$
Weitz
Contract Total
Engineering Services $8,500 $8,500
Paver / Brick Removal 22,143 12,663
Pool Chiller (CIP Budget = $50k)64,018 64,018
Pool Pump Room (CIP Budget = $200k)198,536 198,536
Pool Resurfacing (CIP Budget = $200k)486,730 486,730
Rubberized Flooring 38,962 38,962
Pool Drainage 19,834 19,834
Pool Interactive Water Feature 438,015 438,015
Pool Equipment 80,143 80,143
Pool Pavers 163,505 163,505
Pool Leak 9,100 9,100
Pool Pipe 7,900 7,900
Total $749,284 $186,582 $601,520 $1,537,385
Total CIP Budget $450,000
Actual Expense (749,284)
Over Budget (299,284)
PCCO #Description Amount
PCCO #1 -#10 Approved by Council June 2019 $2,502,557.92
PCCO #11 Contract Changes 16,432.38
PCCO #12 Contract Changes 173,498.64
PCCO #13 Contract Changes for Pavilion (Farmers Table)0.00
PCCO #14 Contract Changes 36,874.00
PCCO #15 Direct Purchase by VNPB (283,738.78)
PCCO #16 Contract Changes 197,643.06
PCCO #17 Direct Purchase by VNPB (74,782.03)
PCCO #18 Contract Changes 63,715.85
PCCO #19 Direct Purchase by VNPB 50,436.94
PCCO #20 Contract Changes 28,870.40
PCCO #21 Direct Purchase by VNPB 78,562.67
PCCO #22 Contract Changes 14,761.35
PCCO #23 Contract Changes (88,000.00)
PCCO #24 Contract Changes (63,175.16)
Total $2,351,458.60
VILLAGE OF NORTH PALM BEACH
VILLAGE MANAGERS OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Chuck Huff, Special Projects Director
DATE: May 14, 2020
SUBJECT: RESOLUTION – Approving a Third Amendment to the Communications Site Lease Agreement with STC Five LLC (successor in interest to Sprint Spectrum, L.P.)
Village Staff received a request from Global Signal Acquisitions III LLC, attorney-in-fact for STC Five LLC,
successor in interest to Sprint Spectrum L.P. for approval of a Third Amendment to its existing
Communications Site Lease Agreement with the Village for the site located at 1200 Prosperity Farms Road
(Community Center).
Through the adoption of Resolution 63-99 on October 28, 1999, the Village Council approved and executed
a Communications Site Lease Agreement with Sprint Spectrum, L.P. for the erection of a
telecommunications tower and the installation of related equipment adjacent to the Community Center.
Through the adoption of Resolution 2010-26 on May 13, 2010, the Village Council approved and executed
a First Amendment to the Lease Agreement with Global Signal Acquisitions III LLC, attorney-in-fact for
STC Five, LLC, successor in interest to Sprint Spectrum, L.P., to provide for the collocation of an additional
antenna on the existing tower and the installation of additional equipment on the existing platform in
exchange for additional rent in the amount of $1,304.77.
Through the adoption of Resolution 2015-35 on April 23, 2015, the Village Council approved and executed
a Second Amendment to the Lease Agreement extending the term of the Agreement by an additional
twenty years (from terminating in 2019 to terminating in 2039), providing for additional compensation (a
one-time 10% increase in 2019 in addition to the annual increases), and providing a right-of-first refusal
for any offer to purchase fee title, an easement, a lease, a license or any other interest in the Site.
Global Signal Acquisitions has requested a Third Amendment to the Lease Agreement for additional
easements. The requested easement runs along the north side of property and then turns south to Sprint’s
platform at east end of property. Any other easements depicted on the surveys are existing. As
consideration for the execution of this Amendment, Lessee shall pay to Lessor the sum of Two Thousand
Five Hundred and No/100 ($2,500.00) Dollars within sixty (60) days following the final execution of the Third
Amendment by the Village.
The attached Resolution and Third Amendment have been prepared and/or reviewed for legal sufficiency
by the Village Attorney.
Recommendation:
Village Staff request Council consideration and approval of the attached Resolution approving a
Third Amendment to the Communications Site Lease Agreement with STC Five LLC (successor-in-
interest to Sprint Spectrum L.P.) and authorizing the Mayor and Village Clerk to execute the Third
Amendment and accompanying Memorandum of Agreement in accordance with Village policies
and procedures.
Page 1 of 2
RESOLUTION NO. 2020-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A THIRD AMENDMENT
TO THE COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) WITH
STC FIVE LLC, SUCCESSOR IN INTEREST TO SPRINT SPECTRUM L.P.,
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
THE THIRD AMENDMENT ON BEHALF OF THE VILLAGE; 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) (“Lease Agreement”) with Sprint Spectrum,
L.P. for the erection of a telecommunications tower and the installation of related equipment
adjacent to the Village Community Center (“Site”); and
WHEREAS, through the adoption of Resolution 2010-26, the Village approved and executed a
First Amendment to the Lease Agreement with Global Signal Acquisitions III LLC (“Global”),
attorney-in-fact for STC Five, LLC, successor-in-interest to Sprint Spectrum, L.P., to provide for
the collocation of an additional antenna on the existing tower and the installation of additional
equipment on the existing platform; and
WHEREAS, through the adoption of Resolution 2015-35, the Village approved and executed a
Second Amendment to the Lease Agreement to extend the term of the Agreement, provide for
additional compensation, and provide a right-of-first refusal for any offer to purchase fee title, an
easement, a lease, a license or any other interest in the Site; and
WHEREAS, the Lessee has requested the execution of a Third Amendment for additional
easements in exchange for the payment of $2,500.00; and
WHEREAS, the Village Council determines that the execution of the Third Amendment to the
Lease Agreement 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 Third Amendment to the
Communications Site Lease Agreement (Ground) with 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 Third Amendment and related
Memorandum of Agreement 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.
Page 2 of 2
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS _____ DAY OF ________________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
42698514 v2 1
BU#: 878279; N. Palm Beach
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
THIS THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE
AGREEMENT (the “Amendment”) is made and entered into effective as of the last date of
execution set forth below, by and between VILLAGE OF NORTH PALM BEACH, a Florida
municipal corporation, having a mailing address of 501 U.S. Highway 1, North Palm Beach,
Florida 33408 (“Lessor”), and STC FIVE LLC, a Delaware limited liability company
(“Lessee”), successor in interest to Sprint Spectrum, L.P., a Delaware limited partnership
(“Sprint”) (having a mailing address of c/o Crown Castle USA Inc., Attention: Legal - Real Estate
Department, 2000 Corporate Drive, Canonsburg, Pennsylvania 15317).
W I T N E S S E T H:
WHEREAS, Lessor and Sprint entered into that certain Communications Site Lease
Agreement last dated November 9, 1999 (the “Original Agreement”), covering certain real
property, together with an easement for ingress, egress and utilities thereto, being more particularly
described in Exhibit “A” attached hereto (the “Premises”), a memorandum of which Agreement
was filed for record in Book 11607, Page 520 in the Official Records of Palm Beach County,
Florida (the “MOL”);
WHEREAS, Lessor and Lessee entered into that First Amendment to Communications
Site Lease Agreement dated May 14, 2010 (the “First Amendment”), and that certain Second
Amendment to Communications Site Lease Agreement dated April 30, 2015 (the “Second
Amendment” and together with the Original Agreement and the First Amendment, the
“Agreement”), a memorandum of which was filed for record in Book 27763, Page 511 in the
Official Records of Palm Beach County, Florida;
WHEREAS, the Premises may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto; and
WHEREAS, the Agreement has an original term (including all extension terms) that will
terminate on December 14, 2039 (the “Original Term”) and the parties desire to amend the
Agreement to provide for additional easements and as otherwise set forth herein.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, the receipt and sufficiency of which are hereb y acknowledged, the
parties hereby agree as follows:
1. AMENDMENTS. The Agreement is hereby amended as follows:
42698514 v2 2
BU#: 878279; N. Palm Beach
(a) Additional Easements. From and after the date hereof, the term “Premises” shall
include (i) an easement for ingress, egress and utilities over, under and across that certain real
property described on Exhibit “B” attached hereto (the “Access and Utility Easement”) and (ii)
and an easement for the underground installation of utilities under and across that certain real
property described and shown on Exhibit “C” attached hereto (the “Underground Utility
Easement”). Each of the Premises and the Access and Utility Easement and the Underground
Utility Easement are shown on Exhibit “C” attached hereto. The parties acknowledge and agree
that the real property subject to the Agreement is as described on the Exhibits attached hereto.
(b) Consideration. As consideration for the execution of this Amendment, Lessee
shall pay to Lessor the sum of Two Thousand Five Hundred and No/100 ($2,500.00) Dollars within
sixty (60) days following the final execution of this Amendment by Lessee.
2. MISCELLANEOUS.
(a) Full Force and Effect. All of the terms, provisions, covenants and agreements
contained in the Agreement 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 Agreement as of the date hereof and
acknowledge that there are no defaults under the Agreement or events or circumstances which,
with the giving of notice or passage of time or both, would ripen into events of default. Except as
otherwise expressly amended herein, all the terms and conditions of the Agreement shall remain
and continue in full force and effect. In case of any inconsistency between the Agreement or the
MOL and this Amendment, the terms and conditions of this Amendment shall govern and control.
(b) Binding Effect. This 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 this Amendment.
(c) IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W-
9, or its equivalent, upon execution of this Amendment and at such other times as may be
reasonably requested by Lessee. In the event the Premises is transferred, the succeeding Lessor
shall have a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9,
or its equivalent, and other related paper work to effect a transfer in rent to the new Lessor.
Lessor’s failure to provide the IRS Form W-9 within thirty (30) days after Lessee’s request shall
be considered a default and Lessee may take any reasonable action necessary to comply with IRS
regulations including, but not limited to, withholding applicable taxes from rent payments.
(d) Representations and Warranties. Lessor represents and warrants that:
(i) Lessor is duly authorized to and has the full power and authority to enter
into this Amendment and to perform all of Lessor’s obligations under the Agreement as
amended hereby.
42698514 v2 3
BU#: 878279; N. Palm Beach
(ii) Lessee is not currently in default under the Agreement, and to Lessor’s
knowledge, no event or condition has occurred or presently exists which, with notice or the
passage of time or both, would constitute a default by Lessee under the Agreement.
(iii) Lessor agrees to provide such further assurances as may be requested to
carry out and evidence the full intent of the parties under the Agreement as amended
hereby, and ensure Lessee’s continuous and uninterrupted use, possession and quiet
enjoyment of the Premises under the Agreement as amended hereby.
(e) Entire Agreement. Except to the extent modified herein, all other provisions of
the Agreement remain in full force and effect. In the event of an express conflict between this
Third Amendment and the Agreement, as amended, the terms of this Third Amendment shall
control.
(f) Counterparts. This 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.
[Signatures appear on the following pages.]
42698514 v2 4
BU#: 878279; N. Palm Beach
IN WITNESS WHEREOF, the parties have executed this Third Amendment to
Communications Site Lease Agreement effective as of the day and year first written above.
WITNESSES: LESSOR:
VILLAGE OF NORTH PALM BEACH,
a Florida municipal corporation
Print Name:
By: (SEAL)
Name:
Print Name: Its:
STATE OF _____________ )
)
____________ COUNTY )
The foregoing Third Amendment to Communications Site Lease Agreement was
acknowledged before me this ____ day of ____________, 20___ by ______________________
as ______________________of VILLAGE OF NORTH PALM BEACH, a Florida municipal
corporation, on behalf of the municipal corporation. He/She is personally known to me or has
produced ____________ as identification.
Given under my hand this _____ day of _________________, 20___.
______________________________
Notary Public
Printed Name
My Commission Expires:
My Commission Number:
42698514 v2 5
BU#: 878279; N. Palm Beach
WITNESSES: LESSEE:
STC FIVE LLC,
a Delaware limited liability company
Print Name:
By: Global Signal Acquisitions III LLC,
a Delaware limited liability company,
its Attorney in Fact
Print Name:
By: (SEAL)
Name:
Its:
STATE OF _____________ )
COUNTY OF ___________ )
The foregoing Third Amendment to Communications Site Lease Agreement was
acknowledged before me this ____ day of ____________, 20___ by ______________________
of GLOBAL SIGNAL ACQUISITIONS III LLC, a Delaware limited liability company, as
Attorney in Fact of STC FIVE LLC, a Delaware limited liability company, on behalf of the
limited liability company. He/She is personally known to me or has produced ____________ as
identification.
Given under my hand this _____ day of _________________, 20___.
______________________________
Notary Public
Printed Name
My Commission Expires:
My Commission Number:
A-1
42698514 v2
BU#: 878279; N. Palm Beach
EXHIBIT “A”
THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST
ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29"
EAST FOR 1535.66 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86°08'00" EAST FOR
20.00 FEET; THENCE SOUTH 03°52'00" WEST FOR 30.00 FEET; THENCE NORTH 86°08'00" WEST
FOR 20.00 FEET; THENCE NORTH 03°52'00" EAST FOR 30.00 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 600 SQUARE FEET (0.013 ACRES), MORE OR LESS.
Together with:
10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT:
THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 5 FEET OF BOTH
SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST
ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29"
EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER
PARCEL; THENCE SOUTH 03°52'00" WEST ALONG THE WEST LINE OF SAID TOWER PARCEL
FOR 22.65 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN
DESCRIBED 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 75°52'21"
WEST FOR 27.75 FEET TO THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 278 SQUARE FEET (0.006 ACRES), MORE OR LESS.
B-1
42698514 v2
BU#: 878279; N. Palm Beach
EXHIBIT “B”
12 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT:
THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND THE "VILLAGE OF NORTH PALM BEACH" TRACT AS PER
DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 9941, PAGE 1882 OF SAID PUBLIC
RECORDS, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 6 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST
ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29"
EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER
PARCEL; THENCE SOUTH 86°08'00" EAST ALONG THE NORTH LINE OF SAID TOWER PARCEL
FOR 6.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED
12 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT; THENCE NORTH 03°52'00"
EAST FOR 6.00 FEET; THENCE SOUTH 86°08'00" EAST ALONG A LINE PARALLEL WITH SAID
NORTH LINE OF SAID TOWER PARCEL FOR 54.86 FEET; THENCE SOUTH 25°12'15" WEST FOR
62.54 FEET; THENCE SOUTH 09°27'39" WEST FOR 80.13 FEET; THENCE SOUTH 08°32'30" EAST
FOR 94.70 FEET; THENCE SOUTH 19°26'38" WEST FOR 26.83 FEET; THENCE SOUTH 63°40'26"
WEST FOR 60.08 FEET; THENCE SOUTH 24°57'54" WEST FOR 36.60 FEET; THENCE SOUTH
05°27'45" EAST FOR 48.86 FEET; THENCE SOUTH 37°38'47" WEST FOR 17.98 FEET; THENCE
NORTH 89°24'23" WEST FOR 543.77 FEET; THENCE SOUTH 00°35'37" WEST FOR 36.85 FEET TO
AN INTERSECTION WITH THE SOUTH LINE OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL,
AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE
PUBLIC RECORDS OF SAID PALM BEACH COUNTY, AND THE NORTHERLY LINE OF THAT PART
OF TRACT "S" DESIGNATED AS AN ACCESS EASEMENT DEDICATED TO THE PUBLIC, AS PER
THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT BOOK 86, PAGE 111 OF SAID PUBLIC
RECORDS, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 12,831 SQUARE FEET (0.29 ACRES), MORE OR LESS.
C-1
42698514 v2
BU#: 878279; N. Palm Beach
EXHIBIT “C”
12 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT:
THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 6 FEET OF BOTH
SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST
ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29"
EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER
PARCEL; THENCE SOUTH 03°52'00" WEST ALONG THE WEST LINE OF SAID TOWER PARCEL
FOR 11.38 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN
DESCRIBED 12 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 89°57'57"
WEST FOR 11.69 FEET; THENCE NORTH 00°02'30" WEST FOR 184.37 FEET TO AN INTERSECTION
WITH A LINE THAT IS PARALLEL WITH AND OFFSET 6 FEET SOUTH OF THE NORTH LINE OF THE
"VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL
RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY;
THENCE NORTH 89°58'27" W EST ALONG SAID PARALLEL LINE FOR 713.01 FEET TO AN
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD (A PUBLIC
RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 10,909 SQUARE FEET (0.25 ACRES), MORE OR LESS.
As generally shown, together with the premises and access and utility easements thereto, on the
following pages.
C-2
42698514 v2
BU#: 878279; N. Palm Beach
C-3
42698514 v2
BU#: 878279; N. Palm Beach
C-4
42698514 v2
BU#: 878279; N. Palm Beach
1
42698893 v1
BU#: 878279; N. Palm Beach
This Instrument Prepared By:
John R. “B.J.” Ibach, Esq.
Burr & Forman LLP
Bank of America Tower
50 North Laura Street, Suite 3000
Jacksonville, Florida 32202
Return To:
Crown Castle
1220 Augusta Drive, Suite 500
Houston, Texas 77057
Attention: PEP Department
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Cross Reference to:
Book 11607, Page 520
Book 27763, Page 511
Palm Beach County, Florida Records
MEMORANDUM OF THIRD AMENDMENT TO
COMMUNICATIONS SITE LEASE AGREEMENT
THIS MEMORANDUM OF THIRD AMENDMENT TO COMMUNICATIONS
SITE LEASE AGREEMENT (“Memorandum”) is made and entered into effective as of the
last date of execution set forth below, by and between VILLAGE OF NORTH PALM
BEACH, a Florida municipal corporation, having a mailing address of 501 U.S. Highway 1,
North Palm Beach, Florida 33408 (“Lessor”), and STC FIVE LLC, a Delaware limited liability
company (“Lessee”), successor in interest to Sprint Spectrum, L.P., a Delaware limited
partnership (“Sprint”) (having a mailing address of c/o Crown Castle USA Inc., Attention:
Legal - Real Estate Department, 2000 Corporate Drive, Canonsburg, Pennsylvania 15317).
W I T N E S S E T H:
WHEREAS, Lessor and Sprint entered into that certain Communications Site Lease
Agreement last dated November 9, 1999 (the “Original Agreement”), covering certain real
property, together with an easement for ingress, egress and utilities thereto, being more
particularly described in Exhibit “A” attached hereto (the “Premises”), a memorandum of
which Agreement was filed for record in Book 11607, Page 520 in the Official Records of Palm
Beach County, Florida (the “MOL”);
WHEREAS, Lessor and Lessee entered into that First Amendment to Communications
Site Lease Agreement dated May 14, 2010 (the “First Amendment”), and that certain Second
Amendment to Communications Site Lease Agreement dated April 30, 2015 (the “Second
Amendment” and together with the Original Agreement and the First Amendment, the
“Agreement”), a memorandum of which was filed for record in Book 27763, Page 511 in the
Official Records of Palm Beach County, Florida;
2
42698893 v1
BU#: 878279; N. Palm Beach
WHEREAS, the Premises may be used for the purpose of constructing, maintaining and
operating a communications facility, including tower structures, equipment shelters, cabinets,
meter boards, utilities, antennas, equipment, any related improvements and structures and uses
incidental thereto; and
WHEREAS, the Agreement has an original term (including all extension terms) that will
terminate on December 14, 2039 (the “Original Term”); and
WHEREAS, effective as of the date of this Memorandum, Lessor and Lessee have
entered into a Third Amendment (the “Third Amendment”) to the Agreement to add additional
easements and desire to acknowledge, confirm and make record of the above-referenced
amendment.
NOW, THEREFORE, Lessor and Lessee hereby acknowledge and agree that the
following accurately represents the Agreement, as amended:
MEMORANDUM OF THIRD AMENDMENT TO
COMMUNICATIONS SITE LEASE AGREEMENT
Lessor: Village of North Palm Beach, a Florida municipal
corporation, with a mailing address of 501 U.S.
Highway 1, North Palm Beach, Florida 33408.
Lessee: STC Five LLC, a Delaware limited liability
company, having a mailing address of c/o Crown
Castle USA Inc., Attention: Legal - Real Estate
Department, 2000 Corporate Drive, Canonsburg,
Pennsylvania 15317.
Premises: The real property leased by Lessor to Lessee,
together with easements for ingress, egress and
utilities thereto, is described in Exhibit “A,”
attached to this Memorandum and incorporated
herein by this reference.
All of the terms, provisions, covenants and agreements contained in the
Agreement, as amended by the Amendment, 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 Agreement, as
amended by the Amendment, as of the date hereof, and acknowledge that there are no defaults
under the Agreement, as amended, or events or circumstances which, with the giving of notice or
passage of time or both, would ripen into events of default. Except as otherwise expressly
amended herein, all the terms and conditions of the Agreement, as previously amended, shall
remain and continue in full force and effect. This Memorandum will be recorded in the
applicable land records and is intended to provide notice to third parties of the Agreement and
3
42698893 v1
BU#: 878279; N. Palm Beach
any and all amendments thereto. The Agreement and any and all amendments thereto contain
terms and conditions in addition to those set forth in this Memorandum. This Memorandum is
not intended to amend or modify the terms and conditions of the Agreement or of any
amendments thereto. To the extent that the terms and conditions of this Memorandum differ
from the terms and conditions of the Agreement and/or any amendments thereto, the terms and
conditions of the Agreement and/or any amendments thereto shall govern and prevail.
Capitalized terms not otherwise defined herein shall have the meaning defined in the Agreement
and/or any amendments thereto.
[Signatures Appear on the Following Pages]
4
42698893 v1
BU#: 878279; N. Palm Beach
IN WITNESS WHEREOF, the parties have executed this Memorandum effective as of
the day and year first written above.
WITNESSES: LESSOR:
VILLAGE OF NORTH PALM BEACH,
a Florida municipal corporation
Print Name:
By: (SEAL)
Name:
Print Name: Its:
STATE OF _____________ )
)
____________ COUNTY )
The foregoing Agreement and Memorandum of Third Amendment to Communications
Site Lease Agreement was acknowledged before me this ____ day of ____________, 20___ by
______________________ as ______________________of VILLAGE OF NORTH PALM
BEACH, a Florida municipal corporation, on behalf of the municipal corporation. He/She is
personally known to me or has produced ____________ as identification.
Given under my hand this _____ day of _________________, 20___.
______________________________
Notary Public
Printed Name
My Commission Expires:
My Commission Number:
5
42698893 v1
BU#: 878279; N. Palm Beach
WITNESSES: LESSEE:
STC FIVE LLC,
a Delaware limited liability company
Print Name:
By: Global Signal Acquisitions III LLC,
a Delaware limited liability company,
its Attorney in Fact
Print Name:
By: (SEAL)
Name:
Its:
STATE OF _____________ )
)
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
20___ by ______________________ of GLOBAL SIGNAL ACQUISITIONS III LLC, a
Delaware limited liability company, as Attorney in Fact of STC FIVE LLC, a Delaware limited
liability company, on behalf of the limited liability company. He/She is personally known to me
or has produced ____________ as identification.
Given under my hand this _____ day of _________________, 20___.
______________________________
Notary Public
Printed Name
My Commission Expires:
My Commission Number:
A-1
42698893 v1
BU#: 878279; N. Palm Beach
EXHIBIT “A”
THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST
ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29"
EAST FOR 1535.66 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86°08'00" EAST FOR
20.00 FEET; THENCE SOUTH 03°52'00" WEST FOR 30.00 FEET; THENCE NORTH 86°08'00" WEST
FOR 20.00 FEET; THENCE NORTH 03°52'00" EAST FOR 30.00 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 600 SQUARE FEET (0.013 ACRES), MORE OR LESS.
Together with:
10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT:
THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 5 FEET OF BOTH
SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST
ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29"
EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER
PARCEL; THENCE SOUTH 03°52'00" WEST ALONG THE WEST LINE OF SAID TOWER PARCEL
FOR 22.65 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN
DESCRIBED 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 75°52'21"
WEST FOR 27.75 FEET TO THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 278 SQUARE FEET (0.006 ACRES), MORE OR LESS.
AND:
12 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT:
THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, AND THE "VILLAGE OF NORTH PALM BEACH" TRACT AS PER
DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 9941, PAGE 1882 OF SAID PUBLIC
RECORDS, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 6 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST
ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29"
EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER
A-2
42698893 v1
BU#: 878279; N. Palm Beach
PARCEL; THENCE SOUTH 86°08'00" EAST ALONG THE NORTH LINE OF SAID TOWER PARCEL
FOR 6.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED
12 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT; THENCE NORTH 03°52'00"
EAST FOR 6.00 FEET; THENCE SOUTH 86°08'00" EAST ALONG A LINE PARALLEL WITH SAID
NORTH LINE OF SAID TOWER PARCEL FOR 54.86 FEET; THENCE SOUTH 25°12'15" WEST FOR
62.54 FEET; THENCE SOUTH 09°27'39" WEST FOR 80.13 FEET; THENCE SOUTH 08°32'30" EAST
FOR 94.70 FEET; THENCE SOUTH 19°26'38" WEST FOR 26.83 FEET; THENCE SOUTH 63°40'26"
WEST FOR 60.08 FEET; THENCE SOUTH 24°57'54" WEST FOR 36.60 FEET; THENCE SOUTH
05°27'45" EAST FOR 48.86 FEET; THENCE SOUTH 37°38'47" WEST FOR 17.98 FEET; THENCE
NORTH 89°24'23" WEST FOR 543.77 FEET; THENCE SOUTH 00°35'37" WEST FOR 36.85 FEET TO
AN INTERSECTION WITH THE SOUTH LINE OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL,
AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE
PUBLIC RECORDS OF SAID PALM BEACH COUNTY, AND THE NORTHERLY LINE OF THAT PART
OF TRACT "S" DESIGNATED AS AN ACCESS EASEMENT DEDICATED TO THE PUBLIC, AS PER
THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT BOOK 86, PAGE 111 OF SAID PUBLIC
RECORDS, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 12,831 SQUARE FEET (0.29 ACRES), MORE OR LESS.
AND:
12 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT:
THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 6 FEET OF BOTH
SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP
42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST
ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29"
EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER
PARCEL; THENCE SOUTH 03°52'00" WEST ALONG THE WEST LINE OF SAID TOWER PARCEL
FOR 11.38 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN
DESCRIBED 12 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 89°57'57"
WEST FOR 11.69 FEET; THENCE NORTH 00°02'30" WEST FOR 184.37 FEET TO AN INTERSECTION
WITH A LINE THAT IS PARALLEL WITH AND OFFSET 6 FEET SOUTH OF THE NORTH LINE OF THE
"VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL
RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY;
THENCE NORTH 89°58'27" WEST ALONG SAID PARALLEL LINE FOR 713.01 FEET TO AN
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD (A PUBLIC
RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 10,909 SQUARE FEET (0.25 ACRES), MORE OR LESS.
As generally shown, together with the premises and access and utility easements thereto, on the
following pages.
A-3
42698893 v1
BU#: 878279; N. Palm Beach
A-4
42698893 v1
BU#: 878279; N. Palm Beach
A-5
42698893 v1
BU#: 878279; N. Palm Beach