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2009-121
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2009-121
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Last modified
3/7/2022 3:05:44 PM
Creation date
10/5/2015 8:47:32 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/05/2009
Control Number
2009-121
Agenda Item Number
8.C.
Entity Name
Verizon Wireless
New Cingular Wireless
Subject
Tri-Party Sublease Land Agreement Stealth Flagpole Communications Tower
Sea Oaks Wastewater Treatment Vero Disney
Area
8865 N. Hwy. A1A
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late charge in the amount of, <br />The Commencement <br />Date is defined as the first (I") day of the Month following the date this Agreement is executed <br />by the pal -ties or the first (0) day of the month following tile date LESSEE is a <br />permit by the governmental agency charged with issuing such permits, whichevgraernteevd entbocuildingcurs <br />last; provided, however, in no event shall the Commencement Date occur later than the first (I't) <br />day of the month following the date, that is three (3) months after the date this Agreement is <br />executed by the Parties. <br />3.2. LESSEE shall furnish and install a separate electrical meter at the premises for the <br />measurement of electrical power used by LESSEE's installation, LESSEE shall Pay the local <br />utility provider directly for its power consumption at the Promises. <br />4. EX �FEN S I �QN S, This Agreement shall automatically be, extended for four <br />(4) additional five (5) year terms unless the LESSEE terminates it at the end of the then current <br />term by giving the LESSOR written notice of the intent to terminate at least six (6) months prior <br />to the end of the then current term. <br />5. ANNUAL RE -NT INCREASE. Commencing on the first annual anniversary <br />Of the Commencement Date and on each annual anniversary thereafter during the term of this <br />Agreement I including all extension terms), annual rent shall increase by an amount equal to <br />of the annual rent due for the immediately preceding lease year. <br />INTENTIONALLY` OMITTED, <br />7. USE,, GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for <br />the purpose of constructing, maintaining and operating a stealth flagpole, up to eighty (80) feet <br />high, wireless communications facilities and uses incidental and all necessary appurtenances, <br />The stealth flagpole tower shall look and function as a flagpole with all antennae located under <br />an outer skin of fiberglass, plastic or similar material which will be conducive to LESSEE's use <br />of the stealth flagpole as permitted in this Agreement. Entrance to the exterior skill of the stealth <br />flagpole will be below ground rather than by elevated waveguide bridges. Tile flag will be of <br />such size and quality to gain the reasonable approval of the Indian River County (tile ,County-). <br />The flag and stealth flagpole will be illuminated at night at the expense of LESSEE and will be <br />fitted with hardware so the flag thereon can be flown at half mast and/or lowered when <br />necessary. A security fence consisting of chain link construction or similar but comparable <br />construction may be placed around the Perimeter of the Premises at the discretion of LESSEE <br />(not including the access easement), All improvements shall be at LESSEE's expense and the <br />installation of all improvements shall be, at the discretion and option of the LESSEE. LESSEE's <br />initial installations shall be subject to LESSOR's P'nior written approval, which approval shall not <br />be unreasonably withheld, delayed or conditioned, Thereafter, LESSEE shall have the right to <br />t 0 <br />replace, repair, add or otherwise modify its initial installations or any portion thereof wi h ut <br />LESSOR's approval, whether the equipment is specified or not on any exhibit attac <br />during the term of this Agreement, provided LESSEE does nhod hereto, <br />not install any equipment outside the <br />boundaries of the Promises. In the event LESSOR's P <br />agrees not to unreasonably withhold, r"or written WrOval iS required, LESSOR <br />Pr•cn)ises, including the delay or condition its consent, LESSEE W1 <br />11 Inaintain the <br />aMearance and functioning of the flag and flagPOIC according to t11e <br />
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