R2020-35 Fifth Amendment to Communications Site Lease Agreement with VerizonRESOLUTION NO. 2020-35
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 additional 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.
Page 1 of 2
Section 2. The Village Council hereby approves the Fifth Amendment to the Communications
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 14TH DAY OF MAY, 2020.
(Village Seal)
ATTEST:
VILLAGE CLERK
Page 2 of 2
MAYOR
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 41,a day of tt />" , 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 acicrrowledge 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 Part
ies 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
1
� 11111! Illll lllll 311111111111111111111111 1111
jL
t'n1m B a_h (ountir Florida
heron R. BoCt:si:L..ERK & i:ONF`14ROLL-ER
F'ss 11Th - 11.�9y (4rssi
Prepared By and Upon Recording, Return to:
Bonnie Bolz Merlct, 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
("Les r" ), 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 133 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 cert
ain Fifth Amendment to Communications Site Lease
Agreement (Ground) dated 20� (the "Fifth Amendment"), and the
Parties wish to amend the Memora dum 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
1
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)
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.
Witnesses:
A/ Y KJA
Witness
Print Name:
Witne s /
Print Name w `•/
vle'�
Witnesses:
vVitness
?rint Name:
Lessor:
Village of North Palm Beach, a Florida municipal
corporation
IC -� • _ V _ <<L
I
i�
It .
Lessee:
Cellco Partnership d/b/a Verizon Wireless
Niraj Patel
BYitive DiFecter Ne ork
Name: ring
Title:
Date:
STATE OF f`-- )
LESSOR ACKNOWLEDGMENT
COUNTY O��—
I ;,d.�hereby certify that n
before me this day and acknowledged that he/she is the (;
OF NORTH PALM BEACH, a Flon'da municipal corporation, d h
executed the foregoing AMENDED MEMORANDUM OF AG M
on behalf of VILLAGE OF NORTH PALM BEACH. He/She is
produced as identification.
WITNESS my hand and official Notarial Seal, this "day of
My mmi sion Expires:
Z
STATE OF � f1`�2Q� )
COUNTY OF )
personally came
y of the VILLAGE
/she, being authorized to do so,
ENT as his/her own act and deed
per known to me or has
Jessica J. Green
NOTARY PUBLIC
STATE OF FLORIDA
r Comm# GG951576
1 Expires 3/7/2024
LESSEE ACKNOWLEDGMENT
I,M hereby certify that �[ personally came before me this day
and acknowledged that he/she is the ,E�e/�� QQ s ee�m of CELLCO PARTNERSHIP
d/b/a Verizon Wireless, a Delaware general partnership, and that he/she, as Z ieeuehlde h.LfPc� ,
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�.
My Commission Expires:
Notary Public
ROSE ANN MARIE AHLC;REN
NOTARY PUBLIC
UNION COUNTY
NORTH CAROLINA
MY COMMW10N EXPIRES 913/=
4