2001-082 Verizon Communications Site Lease Agrmt RESOLUTION 82-2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
TO ENTER INTO A COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) WITH
PRIMECO PERSONAL COMMUNICATIONS LIMITED PARTNERSHIP, D/B/A VERIZON
WIRiiLESS, ATTACHED AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE
OP THE VILLAGE AUTHORIZING THE INSTALLATION OF A CELL PHONE ANTENNA
AT THE COMMUNITY CENTER BALL FIELDS WITHIN THE VILLAGE; AND PROVIDING
POR AN EFFEC77VE DATE.
I3E 1T RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. 7'he Village Council of the Village of North Palm Beach, Florida, does hereby approve
the Communications Site Lease Agreement (Ground) with Primeco Personal Communications
limited Partnership, d/b/a Verizon Wireless, attached as Exhibit "A", which agreement is for the
purpose of the Village authorizing the installation of a cell phone antenna at the Community Center
ball fields.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Communications Site Lease Agreement (Ground) with Primeco Personal Communications Limited
Partnership, d/b/a Verizon Wireless, set forth in Exhibit "A" for and on behalf of the Village of
North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSF,D AND ADOPTED THIS 12th DAY OF OCTOBER, 2001.
(Village Seal)
MAYOR
• ATTES
VILLAGE. CLERK
.^,Iarket: NPB Community Center
Site No.: Site Number 68622
Site Na!rle:
COMMUNICATIONS SITE LEASE AGREEMENT (GROUND
This Communications Site Lease Agreement (Ground) ("Agreement") is entered into this
13th day of November 2001 ,between VILLAGE OF NORTH PALM BEACH, a Florida
m ~~.nicipal corporation, with an office at 501 U.S. Highway 1, North Palm Beach, Florida 33408
'Lessor"), and PRIMECO PERSONAL COMMUNICATIONS LIMITED PARTNERSHIP d/b/a
Verizon Wireless, with its principal office located at 180 Washington Valley Road, Bedminster, New
Jersey 07921 ("Lessee").
For good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the '`Land") and an existing light pole ("Light
Pole") located in Village of I~'orth Palm. $each, County of Palm Beach, State of Florida, commonly
known as 1200 Prosperity Farms Road, `forth Palm Beach Community Center. The Land is more
;particularly described in Exhibit A annexed hereto. Lessor leases to Lessee and Lessee leases from
Lessor, approximately 100 square feet of the Land, as described in Exhibit "A" attached hereto and
made a part hereof (the "Leased Land") together v~ith: (i) certain building interior space known as
I North Palm Beach Community Park COr1C(,SSl(:TY r:u~~~ •~iY.uated inside a building located on the Land,
such area is more particularly described on ~;~:hik~it B :~tt,ached. hereto and made a part hereof
("Building Space"), (ii) underground space required for cable runs to connect communications
~ equipment located in the Building Space to the antennas located on the Tower (as defined below) and
depicted on Exhibit B attached hereto and made a part hereof ("Cable Space") (iii) anon-exclusive
i easement for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor
vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables,
conduits, and pipes over, under, or along such easement extending from the nearest public right-of-
way, Prosperity Farms Road, to the "Premises" (a: defined below) for access, such easemert being
more particularly described in Exhibit B attached hereto and made a part hereof (the "Access and
utility Easement"). The Leased Land, Building Space, Cable Space and Access and Utility
Easement are hereinafter collectively referred to as the "Premises".
2. Use. The Premises may be used by Lessee for the installation, maintenance, operation,
replacement, repair, modification and removal of Lessee Facilities, as defined below, and uses
incidental and all necessary appurtenances, including, but not limited to, the transmission and
reception of radio signals.
3. Tests and Construction. Lessee shall have the right at any time following the full execution of
this Agreement to enter upon the Land for the purpose of making appropriate engineering and
boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing
the Lessee Facilities (as defined in Paragraph 6(aj below). If Lessee undertakes to have such a
survey prepared said survey shall then become Exhibit "C" which shall be attached hereto and made
a part hereof, and shall control in the event of boundary and access discrepancies between it and
Exhibit "A"
4. Term. The term of this Agreement shall be five (5) years commencing upon the first (1st) day of
the month following the date this Agreement is executed by the parties or the first (1st) day of the
month following the date LESSEE is granted a building permit by the governmental agency charged
with issuing such permits, whichever date occurs last ("Commencement Date") and terminating on
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Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as
provided in Paragraph 10. Lessee shall have the right to extend the Term for three (3) successive
five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein.
This Agreement shall automatically be extended for each successive Renewal Term unless Lessee
notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term.
5. Rent.
(a) Within 15 days of the Commencement Date and on the first day of each month
thereafter, Lessee shall pay to Lessor as rent. TWO THOUSAND AND 00/100 DOLLARS ($2,000.00)
per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or
Renewal Term shall be prorated. Rent shall be payable to Lessor at 501 U.S. Highway 1, North
Palm Beach, Florida 33408, Attention: Village Manager.
(b) Rent shall be increased on each anniversary of the Commencement Date by an amount
equal to three percent (3%) of the Rent for the previous year.
6. Facilities; Utilities; Access.
i
(a) Lessor shall transfer title to the Light Pole to Lessee and Lessee shall remove and
dispose of the Light Pole, at its sole cost and expense. Lessee shall erect a replacement Tower (as
~ defined below), which shall exceed the height of the existing Light Pole by twenty (20) feet, maintain
and operate on the Premises telecommunications facilities, including without limitation, an antenna
pole ("Tower") and foundation, utility lines, transmission lines, air conditioned equipment shelter(s),
electronic equipment, radio transmitting and receiving antennas, supporting equipment and
structures thereto (collectively "Lessee Facilities"). L1pon completion of the Tower, Lessee shall, at
its sule cost and expense, install Lessor's existing field lights ("Lessor's Equipment") to be located on
the Tower at their existing height level as shown on Exhibit B. Lessor shall be fully responsible and
liable for the operation of Lessor's Equipment which will be performed by a third party selected and
managed by Lessor. Lessee shall have no liability of any nature to Lessor or any third party for
failure to repair or maintain Lessor's Equipment unless caused by the actions of Lessee or its agents.
Lessor shall give Lessee prior written notice at least forty-eight (48) hours before commencement of
repair and maintenance work and Lessor and its agents shall take all reasonable steps necessary to
avoid interference with Lessee's telecommunications operations and Lessor shall reimburse Lessee
for the costs incurred by Lessee in repairing any damage to Lessee Facilities caused by such repair
and maintenance work. Lessor shall be solely responsible for all electricity costs associated with
Lessor's Equipment. Lessor represents and warrants that it owns and controls (and has the right to
have relocate) the Lessor's Equipment. Notwithstanding Paragraph 14 of this Agreement, Lessor
may not allow any other communications carrier the right to locate any equipment on the Tower. In
connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter
the Premises for Lessee's business operations and to install transmission lines connecting the
antennas to its communications equipment. All of Lessee's construction and installation work shall
be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the
Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal
property and are not fixtures. Lessee has the right to and shall remove all Lessee Facilities, except
for the Tower and foundation, at its sole expense on or before 90 days after the expiration or earlier
termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such
removal, reasonable wear and tear and casualty excepted. Should Lessee fail to remove Lessee
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Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
Facilit~.es from the Land within ninety (90) days of termination or earlier expiration of the
Agreement, Lessor may remove and store Lessee Facilities at Lessee's sole cost and expense. If
Lessee does not claim Lessee Facilities, and provided that Lessor has given Lessee and any third
party financing entity sixty (60) days prior written notice, the Lessee Facilities shall be deemed
abandoned. If such time for removal causes Lessee to remain on the Premises after termination of
this Agreement, Lessee shall pay rent at the then existing monthly rate or on the existing monthly
pro-rata basis if based upon a longer payment term, until such time as the removal of the Lessee
Facilities and all personal property are completed. Upon expiration or earlier termination of the
Agreement, such termination resulting through no fault of Lessor, Lessee shall transfer marketable
title for the Tower to Lessor without charge.
(b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by
the servicing utility company. Lessee shall have the right to draw electricity and other utilities on
the Land by obtaining separate utility service from any utility company that will provide service to
the Land (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign
such documents or easements as may be required by said utility companies to provide such service to
the Premises, including the grant to Lessee or to the servicing utility company at no cost to the
Lessee, of an easement in, over across or through the Land as required by such servicing utility
company to provide utility services as provided herein. Any easement necessary for such power or
other utilities will be at a location acceptable to Lessor and the servicing utility company.
I (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have
access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week,
at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a
non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Access
and Utility Easement as described in Exhibit B.
(d) Lessor shall maintain all access roadways from the nearest public roadway to the
Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal
weather conditions. Lessor shall be responsible for maintaining and repairing such roadway, at its
sole expense, except for any damage caused by Lessee's use of such roadways.
(e) Prior to commencing construction or modifications of the Lessee Facilities, other than
routine maintenance or the replacement of like equipment, Lessee shall obtain all required
Governmental Approvals. It is Lessee's sole responsibility to obtain, at Lessee's sole cost and
expense, any and all permits, licenses, and approvals from local, state or federal governmental
authorities as required by law for the construction and operation of the Lessee Facilities (collectively,
the "Governmental Approvals"). Lessor agrees to reasonably cooperate with Lessee, at no additional
cost to the Lessee, and to execute such documents reasonably required to obtain the Governmental
Approvals. Lessee shall install and maintain, at its sole expense, all landscaping as approved by the
Planning Commission. This Agreement does not constitute an abrogation of Lessor's governmental
regulatory land development powers.
.-
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Market: NPB Community Center
Site No.: Site Number 68622
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7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to
Lessor and other lessees or licensees of the Land. All operations by Lessee shall be in compliance
with all Federal Communications Commission ("FCC") requirements.
(b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its
lessees or licensees to install new equipment on the Land or property contiguous thereto owned or
controlled by Lessor, if such equipment is likely to cause or causes interference with Lessee's
operations. Such interference shall be deemed a material breach by Lessor. In the event
interference occurs, Lessor agrees to take all reasonable steps necessary to eliminate such
interference, in a reasonable time period. Lessor and Lessee acknowledge that in the event that if
such equipment interferes with Lessee Facilities there will not be an adequate remedy at law;
therefore, Lessee shall have the right to specifically enforce the provisions of this paragraph in a
court of competent jurisdiction.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes
directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments
and deferred taxes on the Land. Lessee shall reimburse Lessor for any increase in real estate taxes
directly attributable to Lessee Facilities within sixty (60) days of receipt from Lessor of sufficient
documentation from the taxing authority indicating the increase is due to Lessee Facilities.
~ 9. Waiver of Lessor's Lien.
(a) Lessor expressly waives all rights of levy, distraint or execution, including without limitation any
statutory or common law security interest or landlord's lien for rent it may have concerning the
~ Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the
right to remove the same at any time without Lessor's consent.
(b) Lessor acknowledges that Lessee may enter into a financing arrangement including promissory
notes and financial and security agreements for the financing of the Lessee Facilities (the
"Collateral") with a third party financing entity. In connection therewith, Lessor (i) consents to the
installations of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise;
and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy,
attachment, or distress for any Rent due or to become due and that such Collateral may be removed
at any time without recourse to legal proceedings.
10. Termination. This Agreement may be terminated without further liability on thirty (30) days
prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by
the other party, which default is not cured within sixty (60) days of receipt of written notice of
default, provided that the grace period for any monetary default is fifteen (15) days from receipt of
notice and Lessee shall have such extended period as may be required beyond the sixty (60) days if
the nature of the cure is such that it reasonably requires more than sixty (60) days and Lessee
commences the cure within the sixty (60) day period and thereafter continuously and diligently
pursues the cure to completion; or (ii) by Lessee for any reason or for no reason, provided Lessee
delivers written notice of early termination to Lessor no later than thirty (30) days prior to the
Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other
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Market: NPB Community Center
Site No.: Site Number 68622
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approval necessary for the construction and operation of Lessee Facilities or if any such license,
permit or other necessary approval is subsequently canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; or (iv) by Lessee if Lessee is unable to occupy
and utilize the Premises due to an action of the FCC, including without limitation, a take back of
channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not
appropriate for its operations for economic or technological reasons, including, without limitation,
signal interference. The Lessor may not maintain any action or effect any remedies for default
against Lessee unless and until Lessee has failed to cure the same within the time periods provided
in this Paragraph. In addition, provided Lessee is not in default hereunder and shall have paid all
rents and sums due and payable to the Lessor by Lessee, Lessee shall have the right to terminate
this Agreement upon each annual anniversary of this Agreement provided that three (3) months
prior notice is given the Lessor.
11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed,
condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as
of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving
notice to Lessor no more than ninety (90) days following the date of such damage, destruction,
condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this
Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use
of the Premises.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain, on the
~~I Premises and on the Lessee facilities, bodily injury and property damage insurance with a combined
~ single limit of at least Two Million and 00/100 Dollars ($2,000,000) per occurrence. Such insurance
shall insure, on an occurrence basis, against all liability against Lessee, its employees and agents
arising out of or in connection with Lessee's use of the Premises. Lessor shall be named as an
additional insured on Lessee's liability insurance policy. Lessee shall provide to Lessor a certificate
of insurance evidencing the coverage required by this pay agraph within thirty (30) days of the
Commencement Date.
13. Waiver of Subro ation. Lessor and Lessee release each other and their respective principals,
employees, representatives and agents, from any claims for damage to any person or to the Premises
or to the Lessee Facilities thereon caused by, or that result from, risks insured against under any
insurance policies carried by the parties and in force at the time of any such damage. Lessor and
Lessee shall cause each insurance policy obtained by them to provide that the insurance company
waives all right of recovery by way of subrogation against the other in connection with any damage
covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused
by fire or any of the risks insured against under any insurance policy required by Paragraph 12.
14. Assignment and Subletting'. Lessee may not sublet, or otherwise transfer all or any part of its
interest in this Agreement or in the Premise provided, however, that Lessee may assign its interest
to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-
interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any
financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may
assign this Agreement upon written notice to Lessee, subject to the assigned assuming all of the
Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of
Lessor's Lien") above. This Agreement shall run with the property and shall be binding upon and
~ inure to the benefit of the parties, their respective successors, personal representatives, heirs and
assigns. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign,
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Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this
Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has
obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by
bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to
letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof.
15. Warranty of Title and Quiet EnLyment. Lessor warrants that: (i) Lessor owns the Land in
fee simple and has rights of access thereto and the Land is free and clear of all liens, encumbrances
and restrictions and that there are no covenants, easements or restrictions which prevent the use of
the Premises by the Lessee as set forth herein; (ii) Lessor has full right to make and perform this
Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and
observing and performing all the terms, covenants and conditions on Lessee's part to be observed
and performed, Lessee may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify
and hold harmless Lessee from any and all claims on Lessee's leasehold interest arising from any
breach of any representation or warranty contained in this Paragraph 15.
16. Repairs. Lessee shall be required to make any repairs to the Premises during the lease term
that were not necessitated by the acts or omissions of Lessor or its agents. Lessor shall not be
~ responsible for the repair of damage caused by Lessee to the Land. Except as set forth in Paragraph
6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition
in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other
causes beyond Lessee's control excepted.
17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any
Hazardous Material on, under, about or within the Land in violation of any law or regulation.
Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any third
party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal
of, any Hazardous Material (defined below) on, under, about or within the Land in violation of any
law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate,
store or dispose of any Hazardous Material on, under, about or within the Land in violation of any
law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other
and the other's partners, affiliates, agents and employees against any and all losses, liabilities,
claims and/or costs (including reasonable attorney's fees and costs) arising from any breach of any
representation, warranty or agreement contained in this paragraph. As used in this paragraph,
"Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance
known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or
any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation. This paragraph shall survive the termination of
this Agreement.
18. Liability and Indemnity. To the extent permitted by law, each party hereto shall indemnify
and hold the other party harmless against any claim of liability or loss from personal injury or
property damage resulting from or arising out of the ownership, use and occupancy of the Premises
or the Land by the indemnifying party, its servants or agents, excepting, however, such claims or
damages as may be due to or caused by the acts or omissions of the other party, or its servants or
''-' agents. The duties described in Paragraph 18 survive termination of this Agreement. Nothing
contained herein is intended nor shall be construed to waive lessors rights and immunities under
Florida Statutes, as amended from time to time.
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Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
19. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the
parties, and supersedes all offers, negotiations and other agreements concerning the subject matter
contained herein. Any amendments to this Agreement must be in writing and executed by both
parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party,
the remainder of this Agreement or the application of such provision to persons other than those as
to whom it is held invalid or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
~ (d) Any notice or demand required to be given herein shall be made by certified or registered
mail, return receipt requested, or reliable overnight courier provided the courier's regular business is
delivery service and provided further that it guarantees delivery to the addressee by the end of the
next business day following the courier's receipt from the sender, addressed as follows:
Lessox•: Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, Florida 33408
Attn: Village Manager
With a copy to: George W. Baldwin, Esq.
Law Offices of Brant and Baldwin
330 Federal Highway
Lake Park, Florida 33405
Lessee: PrimeCo Personal Communications,
Partnership d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Lessor or Lessee may from time to time designate any other address for this purpose by written
notice to the other party. Notice shall be effective upon mailing or delivering the same to a
commercial courier, as permitted above.
(e) This Agreement shall be governed by the laws of the State of Florida.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as
Exhibit "D" will be recorded by Lessee in the official records of the County where the Land is located.
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Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
(g) Subordination and Non-Disturbance. In the event the Land is encumbered by a
mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee, a subordination, non-
disturbance and attornment instrument for each such mortgage or deed of trust and that Lessee, at
its sole cost and expense, shall record a release of such Memorandum of Agreement upon expiration
or earlier termination hereof.
(h) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by
executing documentation required by the title insurance company.
(i) In any case where the approval or consent. of one party hereto is required, requested or
otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its
approval or consent.
i (j) All Riders and Exhibits annexed hereto form material parts of this Agreement.
(k) Intentionally Deleted.
~ 20. Rights Upon Sale. Should the Lessor, at any time during the term of this Agreement,
decide to sell all or any part of the Land to a purchaser other than Lessee, such sale shall be under
and subject to this Agreement and Lessee's rights hereunder, and any sale by the Lessor of the
j portion of this Land underlying the right-of-way herein granted shall be under and subject to the
right of the Lessee in and to such right-of-way.
21. Inte ration. The failure of Lessor or Lessee to insist upon strict performance of any of the
terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not
waive such rights and such party shall have the right to enforce such rights at any time and take
such action as may be lawful and authorized under this Agreement, either in law or in equity.
22. Submission of Lease. The submission of this Agreement for examination does not
constitute an offer to lease the Premises and this Agreement becomes effective only upon the full
execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered
deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement.
Each of the parties hereto warrants to the other that the person or persons executing this Agreement
on behalf of such party has the full right, power and authority to enter into and execute this
Agreement on such party's behalf and that no consent from any other person or entity is necessary
as a condition precedent to the legal effect of this Agreement.
23. Applicable Laws. Lessor agrees to keep the Land in conformance with all applicable,
laws, rules and regulations and agrees to reasonably cooperate with the Lessee regarding any
compliance required by the Lessee in respect to its use of the Premises.
24. Survival. The provisions of the Agreement relating to indemnification from one party to
the other party shall survive any termination or expiration of this Agreement. Additionally, any
provisions of this Agreement which require performance subsequent to the termination or expiration
of this Agreement shall also survive such termination or expiration.
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Market: NYB Community Center
Site No.: Site Number 68622
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25. Captions. The captions contained in this Agreement are inserted for convenience only
and are not intended to be part of the Agreement. They shall not affect or be utilized in the
construction or interpretation of the Agreement.
26. Annual Termination. Notwithstanding anything to the contrary contained in this
Agreement, provided Lessee is not in default hereunder and shall have paid all rents and sums due
and payable to Lessor by Lessee, Lessee shall have the right to terminate this Agreement upon each
annual anniversary of this Agreement provided that three (3) months prior notice is given to Lessor.
27. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in
a building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county health department. This notice is provided pursuant to Section 404.056 of the Florida
Statutes.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
LESSOR:
i
~'IL R B I M BEACH, a Florida
Signed, sealed and delivered i the presence of: muni ipal or o io
I
B'
Witness
Print Name: ~d L o_,e~~
~ lifJi¢ I~ Print Name:sl'
!~C/ .S
Title: 0~-- _
Witness: _
Print Name: /~i'/.~ 6/.f,~ ~- ~i~~ A s
Federal Tax ID#: 59-6017984
STATE OF
COUNTY OF ~G'yf
The for~~jj~oing• ~strument was cknowledged before me this ~.,~(day of ~ Y,~'7~(db~,P?C~~ by
~~t/lGf .C3 •N~/UL/..S , as /2- of VILLAGE OF NORTH PALM BEACH, a Florida
municipal corporation, a ,who is personally known to me, or who has produced
as identification and who ~1 (did not) take an oath.
WI~~~S~~~an ffi al. ~,r,
---~~-f~ - _ ~ ~ , _ fJ~J~ +P MELISSA A. TEAL
~ ~ MY COMMISSION N OD 031441
r/ 1~ n Of it EXPIRES; July l3, 2005
No a ~ ll~` I T~/ '-gOp.gNOTARY FL
f~ 1
Notaiy Service Q Bork7lnp, Inc.
Print Name
My commission expires: G! ~QO~
(SIGN TURES CONTINUED ON FOLLOWING PAGE)
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Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
LESSEE:
PRIMECO PERSONAL COMMUNICATIONS,
Signed, sealed and delivered in the presence of: LIMITED PARTNERSHIP d/b/a Verizon
Wireless
Witness ~ / ~ ~~~~`~~n ^ By:_ _
Print Name: I l/V
Howard H. Bower
~ _ A Area Vice President -Network
Witness: South Area
Print Name: ~ -/v ~?Sdn!
STATE OF ~p~=~ ~ ~Ly'L ~~--~
! COUNTY OF ~ C•~lt~v_'~
~-~ c~.
The foregoing instrument was acknowledged before me this day of ~`Je;i`:aY~.4%?.~1"1_2001, by
Howard H. Bower, as Area Vice President - Network, South Area, of PnimeCo Personal
I Communications, Limited Partnership d/b/a Verizon ~~'ireless, on behalf of the limited partnership.
I He/She is personally known to me, or who has produced _ as identification and who
did (did not) take an oath.
WITNESS my hand and official seal.
~f~j~ ~ oi'rr y; OFFICIAL SEAL
~ ~ ~ ;~~~- ~ f~t_C~k?~ _ c Notary Public, North Carolina
Notary ubli~ ° r~ ~ County of Mecklenburg
CHERYL L BUTTERWORTH
ti, 1 Y~ ~ ~ My Commission Ex fires June 24, 2006
Print Na e
My commission expires: ~ l,Lt/l,~.i ~- ~i~'
.-~
Page 10
rt ~~,r NPB Community Center
Sire ~`o Site Number 68622
5i,e N~~rne:
EXHIBIT A
D$SCRIPTION OF LAND
ro the Agreement dated by and between the ~'ILL~GE OF
rlOR.TH PALiv1 BEACH, a Florida municipal corporation, as Lessor and PRIMECO PERSONAL
CO`a1~1UMC.gT10NS LIMITED PARTNERSHIP d/b/a Verizon Wireless, as Lessee.
i The Land is described and/or depicted as follows (metes and bounds descriptionj:
D~SCRIPT'ION O~
PARENT TRACT
i -
A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 42 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MOftE PARTICULARLY DESCRIBED
AS FC110W5:
COMMENCING AT THE SOUTH`fl1;ST CORNER OF SAJD NORTHEAST pUAATER;
THENCE SOUTH 89'4b'53' EAST ALONG THE SOUTH LINE OF SAIp NORTHEAST QUaR7ER,
(T-~E SOU IN LINE OF SAID QUARTER IS ASSUMED TO BEAR SOUTH 98'4.8'53' EAST A.ND
A~_ OT>-IER BEARINGS ARE RELAT1Vt= THERETO), A OISTANCE OF 105.00 FEET TO A
POINT ON THE EAST RIGHT OF WAY UNE OF PROSPERITY FARMS ROAD;
?'FENCE NORTH 00'35'37' EAST ALONG SA10 EAST RIGHT OF WAY LINE, A DISTANCE OF
729.?4 FEET TO THE POINT OF BEGINNING OF NEREINAF?FR DESCRIBED PARCEL;
THENCE CONTINUE NORTH 00'35'3' EAS7 ALONG SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 584.55 FEET TO A POINTON A UNE 20.00 FEET SOUTH OF, Y'MEN
uEASURED AT aIC>•I7 ANGi.ES TO AND PARALI,FL W1T1-l THE NORTH UNE DF' THE
SOUTN44EST QUARTER Of THE NOf~THEAST QUARTEt~ OF SAID SECTION 9;
THENCE SOU TN 8G58'27" EAST ALONG 5A1D PARALLEL UNE. A asrANCE or: e7s.s1
~TD~PaNT;
THENCE 90tJTH 25'i 2'15' Y,'ES? PAFULLEL TO THE MrEST RIOT Of WAY UNE OF THE
NORTH PALIA BFACti WATERWAY AS SHOWN Ott THE PLAT OF GOLF COURSE AbDITION
N0. 2, YIWAGE OF NORTH PALM BEACH AS RECORDED IN PLAT BOOK28, PI~GE 87,
PUBUC FECORDS 0~ PA11~1 BEACH COUNTY, FLORIDA, A DISTANCE 4F 65251 FEET TO A
POINT ON THE EASTI:ALY PROIONCATION OC THE NORTH R1G~T OF WAY UNE oR BURNS
,ROAp, AS DESCRIBED IN OFF1CIAl. RECORD BOOK 1241, PAGES 259, ANO 260, PUBLIC
R E C bR p 5 OF P ALLI 9 E.~ C}a COUNTY, FL.Dfi 10 A;
THENCE NORTH 6924'23" WEST ALONG SAID PROUONGI~TION, A DISTI~NCE OF 604,63
F-EL-`T TO ^ POINT ON SAID E.~57 RJCHT OF Wlll' UNE OF PROSPE7~ITY F~lRA~15 RQAD ANQ
THE POINT Of BEGINNING; '
.-- ,
SUBJECT TO AN EASEMENT FOR BIKE RIDING PURPOSES 0`~R AND ACROSS THE WEST
10, 00 FEET THEREOF.
CONTAINING IN AI.L 10.0 ACRES. FORE OR LESS.
~ Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
EXHIBIT "B"
(Page 1 of 3)
DESCRIPTION OF PREMISES
to the Agreement dated by and between VILLAGE OF
NORTH PALM BEACH, a Florida municipal corporation as Lessor, and PRIMECO PERSONAL
COMMUNICATIONS LIMITED PARTNERSHIP d/b/a Verizon Wireless, as Lessee.
The Premises are described and/or depicted as follows:
I
See Attached 2 Pages
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EXHIBIT "B"
(Page 2 of 3)
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Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
EXHIBIT "C"
SURVEY DESCRIPTION
to the Agreement dated _ by and between VILLAGE OF
NORTH PALM BEACH, a Florida municipal corporation as Lessor, and PRIMECO PERSONAL
COMMUNICATIONS LIMITED PARTNERSHIP d/b/a Verizon Wireless, as Lessee.
[ Intentionally left blank ]
~--
Page 13
Market: NPB Cornmunity Center
Site No.: Site Number 68622
Site Name:
PREPARED BY:
PrimeCo Persona] Communications,
I~itnited Partnership
dba Verizon Wireless
777 Yamato Road, Suite 600
Boca Raton, Florida 33431
RETURN TO:
i PrimeCo Personal Communications,
Limited Partnership
dba Verizon Wireless
777 Yamato Road, Suite 600
Boca Ratan, Florida 3343.1
~I
I
i
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this 13th_ day of November _ 2001
by and between VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, with an
office at 501 U.S. Highway 1, North Palm Beach, Florida 33408 ("Lessor"), and aRIMECO
~ PFRSC?:~`F~L COMMUNICATIONS. LIMITF~D PARTNERSHIP d/b/a Verizon Wireless. with its
principal office located at 180 Washington Valley Road, BedminstF~r, New Jersey G7S~21 ("Le~aee
Lessor and Lessee entered into a Communications Site Lease Agreement (CrrUllnd)
("_~greement") on the 13th day of November __,2001, for the purpose of installing,
operating and maintaining a radio communications facilit;~ and other. improvements. All of the
foregoing are set forth in the Agreement.
The term of the Agreement is for five (5) years commencing on _ /
("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with
three (3) successive five (5) year options to renew. The Agre~m.e~ii shall automatically be extended
for each successive Renewal Term unless Lessee notifies Le~s~r of its intention not to renew prior to
commencement of the succeeding Renewal Term
The Land which is the subject of the Agreement is in Paim Beach County, Florida, described
in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "P-remises") is
described in Exhibit B annexed hereto.
[SIGNATURES ON NEXT PAf3E]
[REMAINDER OF' PAGE INTENTIONALLY LEk'T BLANK]
Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of
the day and year first above written.
LESSOR:
VILLAGE OF NORTH PAL EACH, a Florida
Sign d, sealed and delivered in the presence of: municip p r
Witness `
Print Name: ~ oL o!C FS R. (,tJ ~-~~IP print Name:~i¢'!//GC 1~ /1/ ~.S _
T
' / ~ Title:_ 2
Witness: 1~~~ ~ , 1!ET-- /
Px•int Name: ~ Att
Federal Tax ID#: 59-6017984
STATE OF ~ .4-
CUUN'I'Y OF
The foregoing >.n trument was acknowledged before me this day of
~_6~ , ~~,/by
i ,,,~,~t//G~~~//.S, as /~~!/D~
2 _ of VILI.~IGE OF NORTH PALM BEACII, a Florida
j municipal corporation, a _ ,who is nersanally known to me or who has produced
_ as identification and whom (did not) take an oath.
j WITNESS my hand and official seal.
r
+P~ ~ MELISSA A, TEAL
N y P/~yiClic MYCOMMISSION# Dp031d4q
/~f/?S/T/7 ' //'-' ~~iR~+ EXPIRES:1uly 13, 2005
- 1-BOD.3NOTARY Ft Ngery gervica & Bondi
Print Name
My commission expires:-(_`°`~I wO0.5`
(SIGNATLJRES CONTINUED ON FOLLOWING PAGE)
,--~
Market: NPB Community Center
Site No.: Site Number 68622
Site Name:
LESSEE:
PRIMECO PERSONAL COMMUNICATIONS,
Signed, sealed and delivered in the presence of: LIMITED PARTNERSHIP d/b/a Verizon
Wireless
Witness By:~ _
Print Name:__~ _
~ ~ ~ Howard H. Bower
i ~ 2C9-~~ Area Vice President -Network
Witness South Area
Print Na A• <
STATE OF ~~~~(n. ~(/...12i~(rl,i-~'~~
COUNTY OF i~~ ((,~~~V~
The foregoing instrument was acknowledged before me this ~ day of ~1f~-~11~-~- 2001, by
Ilo,vard H. Bower; as Area Vice President - Netvvork, South Area, of PrimeCo Personal
Communications, Limited Partnership d/b/a Verizon V~%ireless, on behalf of the limited partnership.
Hc~iShe is personally known to me, or who has produced as identification and who
~ did (did not) take an oath.
i
WITNESS my hand and official seal.
lVotar P he '~,'r"#• ~ OFFICIAL SEAL
y Notary PYblic, North Carolina
Coun of Mecklenbur
~ 'LI L ~ hJl,~"Pw Vv U~~~--~ ~- " CHERYL L. BUTTERWORTH
Print Name M. ommi$sion Ex~ire~s,f~un 24, 2006
My commission expires: