HomeMy WebLinkAbout1998-3064
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Market: Ft. Lauderdale
Site No.: FL -1596•A
Site Naas: Winter Beach
ATTACHMENT 6
OWNER'S CONSENT
(If required pursuant to Prima Lean)
FOR GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY
ACKNOWLEDGED, OWNER (INDIAN RIVER COUNTY) HEREBY AOREES AND CONSENTS TO THE
FOREGOING SITE SUBLEASE, INCLUDING BUT NOT LIMITED TO THE USES, RIGHTS-OF-WAY AND OTHER
RIGHTS AND RESPONSIBILITIES THEREIN GRANTED TO LESSEE (NEXTEL SOUTH CORP.). OWNER (INDIAN
RIVER COUNTY) ACKNOWLEDGES THAT THE WITHIN SITE SUBLEASE RUNS WITH THE LAND AND SHALL
REMAIN IN FULL FORCE AND EFFECT FOR ITS ENTIRE TERM REGARDLESS OF ANY CHANGE IN
OWNERSHIP OF THE LAND. OWNER (INDIAN RIVER COUNTY) ALSO AGREES TO PROVIDE LESSEE
(NEXTEL SOUTH CORP.) UNDER THE SITE SUBLEASE NOTICE OF AN OPPORTUNITY TO CURE ANY
DEFAULT BY LESSOR (BELLSOUTH MOBILITY, INC.) UNDER THE AGREEMENT BETWEEN OWNER (INDIAN
RIVER COUNTY) AND LU$OR (BULL$OUT H MOBILITY, INC,),
Consideration, u used herein, shall mean the following:
A S10,000 capital contribution paid by Levee (Nextel South Corp.) to Owner (Indian River Couoty).
A monthly Rent payment in the amount of two thousand and 00/100 dollar ($2,000.00) shall be paid by Lane (Nextel
South Corp.) to Lessor (BellSouth Mobility, Inc.), with Owner (Indian River County) receiving its proportionate share of six
hundred sixty-six and 67/100 dollar ($666.67) Erna Lessor (BellSouth Mobility, Inc.), for as long as Lessee (Nextel South
Corp.) is a co -location tenant on the tower under the above referenced Site Sublease.
Rent shall be increased on the first day of each Renewal Term under the above referenced Site Sublease by an amount equal
to twenty (2034) percent of the Rant for the previous Term or Renewal Tenn.
Signed, sealed and delivered in the presence of:
11 - • ,'14.
Witness
Print Name:t M LI CI Q ..So N CS
Wimess
Print Name: Aides" E, hotY/re
STATE OF FLORIDA
1.••6,••1 U14.4,/
BOARD OF CO
IND
, COUNTY OF
6yf the Stine of Florida
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Print
Title:
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this c92 day ofaataded19911, by John W. Ttppio, u
Chairman of ThoBoatel o County Commissional, a political subdivision of dm State of Florida, o is kt
ya and who did o an oath,
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myld and official sal.
Notary Public
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Print Name
My Commission Expires:
Cando. Arai
10/15/9$
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r Market: Ft. Lauderdale
Site No.: FL -1596-A
Site Name: Winter Beach
SUBLEASE NO.
STRUCTURE NO. TC07
Site Sublease
to the Muter Antenna Site Lease Agreement between NEXTEL SOUTH CORP, a Georgia
corporation, and its wireless communications affiliates (collectively •Compsn fl, with as office at 851
Trafalgar Court, Suite 300E, Maitland, Florida 32751, and BELLSOUTH CELLULAR CORP, a
Georgia corporation on behalf of itself and hi affiliates, BellSouth Mobility Inc. and American CQUular
Communioadons Corporation, .11 having their principal pita of business at 1100 Peachtree Street, NS
Suite 910, Atlanta, Qeorgie 3030924399 (Gollaotlwfy'IICC").
The within Site Sublease remains in M1 force and effect for its entire term regardless of any
change in ownership of the Land. Tho within Site Sublease nms with the land for the entire term u set
forth in Paragraph 6 of the Agreement.
1. Name of Lessor: BellSouth Mobility Inc.
2. Name of Lessee: Nextel South Corp.
3. Site No/Name: FL1596A/Winter Beach`(Nextel)-TC07Nero Beach (BellSouth)
4. Site Address: 3955 65' street, Vero Beach, Florida
5. Site Latitude and Longitude: 27-42-32.2180.25-34.2
6. Contingency Date: Commit of Construction
7. Monthly Rent 52,000.00
8. Term: 16 years, 8 months.
9. Site Lessor -owned or Lessor -Lased: X
If lased, Term of Underlying Lase Remaining: Initial Tenn 1 year, 8 months with 3 additional
S year Renewals.
10. Special Acceu Requirements: None
11, Existing Mortgages, EEL,; None
12. Existing Environmental Issues: None
13. Lessor Contact for Access for Emergency: Jim Watkins (561) 995-3578, (561) 308-1422
14. Lessee Contact for Emergency: John Wilson (954)-275-1460
Colleatla Apsnm 1
10/13/1998
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' Market Ft. Lauderdale
Sia No.: FL -1596-A
Site Name: Winter Bach
15. Address for Notice Purposes:
Lessee: Nextel South Corp.
6700 N. Andrews Ave, Suite 700
Ft Lauderdale, FL 33309
Atter: Property Manager
With a copy to: Nextel Communications, Inc
1505 Parra Credit Drive
McLean, VA 22102
Atte. Legal Dept, Contracts Manager
Lessor: BellSouth Mobility c/o Real Estate &
Construction Department
5201 Congmi Awe, Boos Raton, FL 33417
IN WITNESS WHEREOF, the parties have executed this Agreement u of the date first above written.
Witness
Print Name:
Lessor:
BELLSOU TH MOBILITY INC, a Georgia
corporation
Br
Print Name;
Witness Titin,
Print Name: Address:
Tax IDM:
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Conopdss Agronat 2
10/15/1995
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v , Site No.: PL -1596•A
Site Name. Winter Beach
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of . 1998, by
u of BELLSOUTH MOBILITY INC.,
a Georgia corporation, who is personally known to me or who hu produced
u identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
Leasee:
Signed, Sealed and delivered in the presence of: NEXTEL SOUTH CORP.
a Georgia corpoadoo
Witness
Print Name: Print Name; John Cafaro
Title; Vice President
Witness
Print Name: Address; 851 Trafalgar Court Suite 300 E
Maitland. FL 32751
Tax ID alp:
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Callao Ayes 3
IW13/199$
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Market: Ft. Lauderdale
Sim No.: FL -1596-A
Sim Naar: Winter Beach
STATE OF
COUNTY OF
The foregoing instrument wu aclmowledged before me this day of .1998, by John
Cafaro, u Vice President of NEXTEL SOUTH CORP.. a Georgia corporation, who is personally blown
to me or who has produced u ideatifoatiaa and who did (did not) take an
oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commiuion expires:
Attaclunents:
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
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Description of the Property (including
Equipment Shelter/Room/Cabinet Location's)
Plans and Specifications
Existing Liens, Rights -of -Way, Easements
and Mortgages
Current Communications Users of Site
(including frequencies)
Memorandum of Agreement
Owner's Consent
Prime Lease
\• 'r. Agent*
10/13/1998 •
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?dirket Ft. Lauderdale
BiteNo.: FL.1596-A
Site Nsmr Winter Bach
ATTACHMENT 1
DESCRIPTION OF PROPS! .TY
(including description of the Antenna/Dish Location(:), Equipment Shelter/Room/Cabinet Location(,)
to the Site Sublease dated , 1998, by and between BELLSOUTH
MOBILITY INC., a Georgia corporation, u Lessor., and NEXTEL SOUTH CORP., a Georgia
corporation, u Lessee.
LVOAL DCSCRPT!OH
LEASE PARCE4
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A parcel of land being a portion of the East one-half of the
Northwest ore -quarter of the Southwest one-quarter of Section 10.
Township 32 South. Range 39 East. Indian River County. Florida.
being more particularly described as follows:
Commencing at the Northeast corner of the Northwest one-quarter
of the Southwest one-quarter of said Section 10. proceed
S 00^26'30" W along the East line of the Northwest one-quarter of
the Southwest one-quarter of said Section 10 a distance of 1.020.53
feet: thence N 89.33'30" W a distance of 274.33 feet to the Point of
Beginning: thence S 00.26'30" W a distance of 50.00 feet: thence
N 89.04'59' W a distance of 58.00 feet: thence N 00.26'30" E a dis-
tance of 50.00 feet: thence S 89.04'39" E a distance of 58.00 feet
to the Point of Beginning. •
Containing 2.899.9•square feet. more or. less.
UWE
1. This Attachment maybe replaced by a land sm'vsy of the Property coca it is:eceived by Leases.
2. lietbact ofthe Property W w ttee. from mo 1md's boundaries shall be the distance required by the applicabie
PinignMaWidth of earns rad shall be the width requfred by the applicable g mmmisr tel sotborido, including
police and lice depsrt sub.
Tho type and mounting positions of eateaoa and trammi sloe lines ars i>lustrativeody Actual "o built"
dnwings sbaf bs attached end ioco:porsted hneia st the time of completion of construction..
S. lids Attachment is to include any Plant ibr rousing lines, stWty wires, sue. on or auto the Property.
• a Colloaea Ap snret S
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`moi%C..,w.►Jr_ ale 1041w11.�+418041 wM�1F 0004 willtrun — rIN.ers}as.r" -Lib.f.:
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Site No.:FIr1596A
Sits Namr Winter Bath
ATTACHMENT 2
PLANS AND SPECIFICATTON$
to the Sits Sublease dated . 199E by and between BELLSOUTH
MOBILITY INC., s Georgia corporation, as Lasor., and NEXTEL SOUTH CORP., a Georgia
corporation, as Lessee.
........ .r.......
Distal 14 tank
4-26-4
Proposed
Nextel 10'
x 20'
shelter
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shelter
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FL1596A Winter Beach 1
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Parket Ft Laude data
Sits Nos: Fi.1596-A
Sia Name Winter Beach
ATTACHMENT 3
to the Site Sublease dated , 1998, by and between BELLSOUTH
MOBILITY INC, a Georgia corporation, u Lessor, and NE TEL SOUTH CORP., a Georgia
corporation, as Lessee.
Right -of -Way Consent Agreement is attached hereto u Attachment 7, pages 1-9 Of
THE ATTACHED PRIME LEASE; PARAGRAPH# 1 AND EXHIBIT "B" FOR
DESCRIPTION;
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• Market Pt Lauda"
She No.: FL -1596•A
Site Name: Mater Bach
to the Site Sublease dated , 1998. by and between BELLSOUTH
MOBILITY INC., a Georgia corporation, u Lessor., and NEXTEL SOUTH CORP., a Georgia
corporation, u Lessee.
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Market Ft. Lauderdd&
She No.: FL -1596•A
Sia Name whiter Beach
PREPARED EYt
P. D. Hidmon, ep.
Need South corp.
6700 Ni Andrews Avenue, Sults 700
lh. Laadetdals, FL 33309
RETURN TOt
Sits Dewlcpmea Manger
Noxell South Cap.
6700 N. Ares Ammo, Suits 700
Pt. Lauderdale, FL 33309
ATTACHMENT 5
This Memorandum of Agreement is entered into on this day of ,
1998, by and between BELLSOUTH MOBILITY INC., a Georgia corporation, with an office at 1100
Peachtree Street, N.E. Suite 910, Atlanta, Georgia 30309-4599 (hereinafter referred to u "Lessor") and
NEXTEL SOUTH CORP., a Georgia corporation, with an office at 851 Trafalgar Court, Suite 300E,
Maitland, Flonda 32751 (hereinafter referred to as "Lessee").
1. Lessor and Lessee entered into a Site Sublease on the day of .1998, for
the purpose of iastallmg, operating and maintaining a radio communications facility and
other improvements. All of the foregoing are set forth in the Site Sublease.
2. The term of the Site Sublease is for one year eight months ..commencing on
1998 and ending On 8/13/2000, with 3 successive 5 year options to
renew. If all options to renew are exercised, the term of this Site Sublease will expire 16
years after the Commencement Date (u defined in the Site Sublease).
3. The Land, which is the subject of the Site Sublease, is described in Attachment 1 annexed
hereto.
(SIGNATURE CONTINUED ON FOLLOWING PAGE)
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Market: Ft. Lauderdale
Site No.: FL -1596-A
Site Name: Winter Bach
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement u of the
day and year first above written.
Lessor:
BELLSOUTH MOBILITY INC.
a Georgia Corporation
FOR BELOW - DO NOT DEE
Witness
Print Name; Print Name;
Titb1
Witneu
Print Name: Address:
Tax ID#:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of . 1998, by
u of BELLSOUTH MOBILITY
INC., a Georgia corporation, who is personally known to me or who hu produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commiuion oxpira;
Collocadot Agreement
10115/9$ . .
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(SIGNATURE CONTINUED ON FOLLOWING PAGE)
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pitwrrt4116 /�^11_.lelt..au•M.wrwanr"'
The foregoing instrument was acknowledged before me this day of 1998, by
John Cafaro, u Vice President of NEXTEL SOUTH CORP., a Georgia corporation, who is personally
known to me or who hu produced u identification and who did (did not)
take an oath.
Casio Arms
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' Market: ft Lauderdale
Site No.: FL -1596-A
Site Name: Winter Beach
ATTACHMENT 6
QTR'S CtJN413NT
(If required pursuant to Prime Lew)
FOR GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH 1S HEREBY
ACKNOWLEDGED, OWNER (INDIAN RIVER COUNTY) HEREBY AGREES AND CONSENTS TO THE
FOREGOING SITE SUBLEASE, INCLUDING BUT NOT LIMITED TO THE USES, RIGHTS-OF-WAY AND OTHER
RIGHTS AND RESPONSIBILITIES THEREIN GRANTED TO LESSEE (NEXTEL SOUTH CORP.). OWNER (INDIAN
RIVER COUNTY) ACKNOWLEDGES THAT THE WI'T'HIN SITE SUBLEASE RUNS WITH THE LAND AND SHALL
REMAIN IN FULL FORCE AND EFFECT FOR ITS ENTIRE TERM REGARDLESS OF ANY CHANGE IN
OWNERSHIP OF THE LAND. OWNER (INDIAN RIVER COUNTY) ALSO AGREES TO PROVIDE LESSEE
(NEXTEL SOUTH CORP.) UNDER THE SITE SUBLEASE NOTICE OF AN OPPORTUNITY TO CURE ANY
DEFAULT BY LESSOR (BELLSOUTH MOBILITY, INC.) UNDER THE AGREEMENT BETWEEN OWNER (INDIAN
RIVER COUNTY) AND LESSOR (BELLSOUTH MOBILITY, WC.),
Consideration, u used herein, shall mean the following:
A S 10,000 capital contribution paid by Lessee (Nextel South Corp.) to Owner (Indian Riva County).
Amon Rent payment in the amount of two thousand and 00/100 dollars (52,000.00) shall be paid by Lessee (Nextel
hundred sixty-six and 67//100 dollars (S666.67) from Lessor (Indian
River Cary) receivingru in u Lessee (share of six
Corp.) is a co -location tenant on the tower under the above referenced Site Sublease.
Inc.), for long u Lessee (Nextel South
Rent shall be increased on the first day of each Renewal Term tinder the above referenced SIte Sublease by an amount equal
to twenty (20X,) percent of the Rent for the previous Term or Renewal Term.
Signed, sealed and delivered In the presence of
Witness
Print Name;
Witness
Print Name;
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me dile
Chairman of The Board of County Cornmiuioners, a poiidcal
me and who did (did not) isko an mho
WITNESS my hand and official seal.
Notary Public
Print Name
My Commiuiau Expires:
Conoadon Amiens
10/15/9$
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BOARD OF COUNTY COMMISSIONERS, COUNTY OF
INDIAN RIVER, a poldcal subdivision of the Snn of Florida
Print Name:
Title:
John W. Tonin
Chairman
of
John
subdivisionf the Sate of Florida, who is personally $mown as
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Sia No.: FL -1396•A
81ra Nama: Winter Hoch
ATTACHMENT 7
MISIALESSI
to the Site Subleue dated 1998, by and between BELLSOUTH
MOBILITY INC., a Georgia corporation, u Lessor., and NEXTEL SOUTH CORP., a Georgia
corporation, u Lea
The Prime Lease by and between INDIAN RIVER COUNTY, u Lessor, and BellSouth Mobili
u Lessee, is attached hereto u Attachment 7, Pages 1-9 . ty Inc.,
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•LEAS' AGREEMENT
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141,446 .•
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Recon0 vR rm
JVFR,PX.IAA TON
CLERK CIRCUIT COURT
INDIAN AIM CO. PLA .
This Agreement, made this __ August
1990 between Indian River County, (OptTonoc-�+ior) hereinafter
designated LESSOR and ULLSOUTN MOSILITT INC, (Option's -Tenant)
hereinafter called TENANT. •
• LESSOR is the owner of approximately 151,400 square
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foot of contain real property (hereinafter called Property)
located in winter Beech in Indian River County, state of
• Florida, and TENANT desires td lease a portion of said real
property with a right of way for access thereto.
om
•• • 1. LESSOR hereby leases toTENANTthat.cartaln portion
of Property (Leased Premises), containing approximately 2,475
square feet, situated in Indian River County, State of Florida,
together with the nonexclusive nigh
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' seven (7) day■ a week twentytour 24) hours a day,en took or
tighten improve and ogress
motor.•vehicle,'includinq trucks, an •!or the instalation and
maintenance of. utility wires, cables conduits and pipes over,
under or along'.a thirty toot (30') wide right of way extending
from the nearest public right•of way 65th Street to the Leased
Premises; said Property, Lease premises and right of way for
access being substantially as described herein in Exhibit "A"
and as shown enclosed within red lines on Exhibit "A" attached
hereto and made a part hereof. •LESSOR shall cooperate with
TENANT in its effort to obtain utility services along said right
of way'bytsigning such documents or easements as may be required
by said utility companies. In the event any public Utility is
unable to use the aforementioned right of way, the LESSOR lioroby
agrees to grant an additional right of way.either to the TENANT
or to the public utility at no cost to the TENANT.
2.' LESSOR also hereby grants to TENANT the itch! to
survey said Property, and the legal description on said survey
shall then became Exhibit "S", which shall be attached hereto
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• and made a part hereof, and shall control in the event of
discrepancies between it and Exhibit."A".. Cost for such work
shall be born by the TENANT. • ." -
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% 3. This Agreement shall belfor an initial term of five
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(5) years beginning on the date the option is exercised by •
TENANT at an annual rental of
•l1e43•001 to be paid in equal monthly installments on the
irrt'ttay'of the month, in advance to Indian River County,
lorida or to such other person, firm or place as the LESSOR
I may, from time to time, designate in writing at least thirty
(30) days in advance of any rental payment date. •
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4. TENANT ihali have the option to extend this lease
for four (4) additional five (5) year terms by giving the LESSOR
writen notice of its intention to do 'so at'loast six (6) monthx[
prior to the end of the then•ourrent term.
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5. .The annual ental for the first (1st) five .(5') .Years ..•-` 0
extension term shalldbe rental
to �wo•ihe oent)"One-ItrndrN" or n
rorty-oelitere 11509 1 the second {{2nd)•tive f). year Q
extoneion tori shall br creased to roue-4'heuee Nen-8undsed k
t.
ekctno-Bollers;H'6�0.POa).the third (3rd)6tive (5) Year t
p�'-r�
extension term shall+be eaa,p�ed to Piyiatheveand-EeaFd tnmdrex� t
sew poo•OO)1'and the;;Jqurth,(•Ath) five (5)
year extension term shall be ino eased to Sln=+i esaan44w . I
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**tensionetermm thistAgreement has not been of the 4terminateds) year
party by giving to the other written notice of an intention
terminate
shallst six (conttiinueesin forceppon ted Nofa such
covenants, terms and conditions !ora further upon the
one (1)
year, and for annual terms thereafter until terminated by either
so party by giving to the other written notice of its intention to
tomer terminate
at
rental for CtTaunt prior to the end of such
paid for the last month of the fis ourth(4th)(4tb) be five (5) a the ren!
extension. ( )year
constructing, TENANT shall use the Property for the purpose of
Facility and�usesnincidentaldthereto ncona siscsttingioftaobbuuilding
or.buildinga as necessary now or in the future to shelter
telecommunications equipment and related'office space, a free
height nawoorpinethe futures too meantenna T'.structure
ec mm sufficient
ion.
needs andall slacing of SIS&Z .Collecting appurtenances. ecurityn
comparable oonstruotion may at the option of TIM Similar but
around
perimeter of%the Property (not lneludinp the access
easement).
will Allntimpe improvements shall be.at TscAjrr's expense.
is understood and agreed that TE in'a ability totuse the It
Property is contingents obtaining
ability t use the
date of this A upon its he certificates,
cater the efts and
other grssment,•all o!"tee certificates, permits and
localother authorities. aprvl that
reshaquired by any federal, state or
silt to obtain such approvals an4 cooperate
TENANT in hic
would adversely affect the status of the Property
with
hor which
to the proposed use thereof by TENANT. ooR agreeshoespgct
such papers as required to file applications withrthe to sign
ap• prop of hate s ming au authority
and/or commission for the proper
TENANT. TENANT will perform *11 otuired her aactsuandibearr expensesby the
associated. with the rezoning procedure.noto
register any written or verbal agrees not ,to
be procedures.Ian the event that any of tion albs ationsns o
finally rejected or any cert!lloates pbpstueacense should
approval issued
ddrto TENANT o terminatedby
led • t, license or
canceled, expires, lapses, or is
soil
be Doting
titests r radio frequency' p� ionitests arc !off
to
olb be unsatisfactory so that MART, is ta sole discretion,
MAST b shallua to uuse the
right for its intended ,
o! the TENANT'a exercise of its right terminate
natesshallsNoeioe
given to LESSOR in writingel, retu nhrec ibe
p
requested, and shall be effective and Bail, return receipt
the LESSOR as evidencedupon receipt of such police iby
d
to said termination date byhall betritaiibned y• ell rentals Uponpnd
such termination, this Agreement shall me the Landon. n
all the parties shall have no further oblliiga°attioons, including void athe
money, to each other.
S. TENANT shall indemnify and bold LESSOR harmless
against any claim of liability or loss 1rom.personal injury or
Property damage resulting from or arising out of the use and
occupancy of the Property by the !iN)1N'f, At narvents or agents,
excepting, however, mush claims er damages se may be due to or
caused by the acts of the LltUaob, Of its servants or agents.
LESSOR
gey
insure against
any damaaywhich�d be raCompreheruivegeneral public liability insurance policy.-
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IS. All notices hereunder suit be in writing and shall
be deemed validly given if sent by certified mail, return
receipt requested, addressed as follows (or any other address
that the party to be notified may have designated to the sender
by like notice):
TENANT: BellSouth Mobility Inc
au0lress Creek West
Fort Lauderdale, tlorida 33309
Attn: Manager Real Estate
LESSOR: Board of county Commissioners
Indian River County
1840 25th street
Vero Beach, Florida 32960
19. This Agreement shall extend to and bind the heirs,
personal representatives, successors and assigns of the parties
hereto.
71t LISSOR'e option this Agreement shall be
subordinate to any mortgage by LIMOS *shish Item time to time
may encumber all or part of the Property or right of way,
validity of the Agreementintbhs event of a foreecce shall losureise tof
LESSOR'S interest and also TtNANT's right to remain in occupancy
of arid have access to the Property as long as Tenant is not in
default of this Agreement. MAST shall execute in a timely
manner whatever instruments as may reasonably be required to
evidence this subordination clause. In the event the leased
Property is encumbered by a mortgage, the LESSOR, no later than
ten (10) days after this lease is exercised, shall have obtained
and furnished to TENANT a non -disturbance instrument in
recordable form for each such mortgage. At TENANT'S option,
should LESSOR fail to provide such instrument within the
specified time period, TENANT may witbhold:and accrue the
monthly rental until such time as the run -disturbance
agreement(s) is received.
21 If the whole : of the Leased Premises;' right of way
or easements or such portion thereof as will make the premises
unusable for the purposes herein leased, are condemned by any
legally constituted authority for. any public use or purpose,
then in either.of said events the term hereby granted shall
cease from the time when possession thereof is taken by public
authorities, and rental shall be accounted for as between LESSOR
aqd TENANT as of'that date. :Any'lesser condemnation shall in no
way affect the respective rights and obligations of LESSOR and
toNANT limiteor affect TENANT'S rigghtstooan provision be nation
any eminent domain proceeding for. the taking of �ANT's on of
leasehold interest hereunder.
22.- TENANT, at TENANT'S option may erect either a self
supporting toweror a guyed tower suitable for his proposed
use. should TENANT choose to erect a guyed tower, LESSOR grants
TENANT easements for the purpose of anchoring and mounting guy
wires extending from TINAMT a tour. Said easement shall extend
three ha dred,aad fifteen Leet Mau') Soon direction, hum the
tossed Pssmrim,
rights:
/' t" 1 . 1
13. L2ISOR grants that ThttAfT has the following
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1.Twenty-four hour, mons day 'knot right of
ingress and' ens to said guy anchors ;inchors for,the purposes of
maintenance, tion, and tallation•tonsure the proper
instalation and operation of the TEruNT's•faoility.''•$uch
inspection •maintenance and installation shall be TENANT.' sole
responsibility and•
all such costa shall be borne,br MAW.•• •'
B.`.''the right to clear all trees, f
or
other obstructions and totrim and cut and keep'0trriiwmsd andrgrowth'
acut
all dead, withl
eak,:l ninqall or
dangerous trees'and:limba which may
upon MAC.. tower.or tower's guy wises.
,
6660119690ao
IWkt'•.aw.iylrn�ae u JaewUaaerrri. %a..e.er.a[:. *• �tlot•.r`*co
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IM MIMS MUM, the parties hereto have set their
handsand affixed their respective seals the day and year first
above written.
Signed, sealed and delivered in the presence oft
LESSORS BOARD OF COUNTY COMMISSIONERS
Signed, sealed and deliverid in the presence oft
EE ENCAF
a.S .et..*
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NORTH
TYPICAL GUYED TOWER. EASrMEN PLAN
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10. TENANT will be responsible for making any
necessary returns fax and paying any and all property taxes
separatyyely levied or assessed agdinat its improvements on the
ProforanytIncreeaase i areal estate taxeall reimburse esslevi d againstR as nal therent
leased
Property which are directly attributable to the improvements
constructed by TENANT and are not separately levied or assessed
against TENANT'a improvements by the taxing authorities.
11. TENANT upon termination of this Agreement, shall,
within a reasonable period, remove its persbnal property and
fixtures and restore the Property to its original above grade
condition, reasonable wear and tear excepted. At LESSOR'a
option when this Agreement is terminated and upon LESSOR''
advance written notice to TENANT, TENANT will leave the
foundation and security fence to become property of LESSOR. If
such time for removal causes TENANT to remain on the Property
after termination of this Agreement, TENANT 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 personal property and fixtures are
completed.
12. Should the LurOU, at any time during the term of
this Agreement, decide to sell all or any part of the Leased
Premises to a purchaser other than TENANT, such sale shall be
under and subject to this Lease Agreement and TENANT'' rights
hereunder, and any sale by the LESSOR of the portion of this
Property underlying the right of way or easements herein granted
shall be under and subject to the right of the TENANT in and to
such right of way or easements. LESSOR agrees not to sell,
lease or use any other areas of the Property for the placement
of other communications facilities if, in TENANT'S sole
judgment, such installation would interfere with the facilities
in use by TENANT.
13. LESSOR covenants that TENANT, on paying the rent
and performing the covenants shall peaceably and quietly have,
hold and enjoy the Property.
• 14. LESSOR covenants that LESSOR is, seised of good and
sufficient title and interest to the Property and has full
authority to enter into and execute this Agreement. LESSOR
further covenants that there are no other liens, judgments or
`iapdiments of title on the Property. .
15., It is agreed and understood that this Agreement
contains all agreement', promises and understandings between the
LESSOR and TENANT and that no verbal or oral agreements,
promises or understandings shall be binding' upon either the
LESSOR or TENANT in any dispute, controversy or proceeding at
lAggreementnd ashall be voidvandaineffeecctive modification
inwritingsigned by the parties.
16.' This Lease Agreement and the performance thereof
shall'be governed, interpreted, construed and regulated by the
laws of the State of Florida.
17. This lease may not be sold, subleased assigned or
transferred fl anytime mesa to TIMANTM' principal, affiliates
er subsidiaries el ts prineslal er to any company upon which
TENANT IS merged er consolidated. TENANT also reserves the
right to provide tower apace for public service communications
such as police and fire departments, ambulances, etc. As to
other parties, this Lease may not be sold, subleased, assigned
or transferred without the written consent of the LESSOR, such
consent not to be unreasonably withheld.
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frills cid, ammo re, agm weft: WSW #40410.0
Anita Ziair:;" le
j,);9AL DESCRIPTIO:(
aanC • TRACT
The East one -halt of the Northwest
quarter of section 10. Township 32
County. Florida.
Sites VERO SEACN, LISA.
one-quarter of the Southwest one -
South. Range 39 East. Indian River
DESCRPTIOU
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A parcel of land being • portion of the East one -halt of the
Northwest
Ranguarter e 39eEast.Xndiant nRiverrCounty,of BFlorida.
being more particularly described as follows:
Commencing at the Northeast corner of the Northwest one-quarter
of the Southwest one-quarter of said Suction 10. proceed
8 00.26'30" M along the East line of the Northwest one-quarter of
,the Southwest one-quarter of said Section 10 • distance of 1•.020.53
feet: thence N 89.33630" M a distance of 274.35 feet to the Point of
Beginnings thence 8 00.26'30" M a distance of 50.00 feet: thence
N 09.04'59' M a distance of 58 00 feet: thence N 00'26'30" E a die-
tante of 50.00 foots thongs 0 83'04'79" 1 a distance of 20,00 loot
to the Point of Beginning.
Containing 2.899.9•square test. more or less.
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• LEGAL ACCESS/ANC1ORIPTEAS1 ENT
Aniarcel of land being
ei gtawiottion of the East one-half of the Northwest
South. Range 39 East. Indian RiveruCounty.arter fFlorida. ion being°more r92
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larly described as follows* g partieu-
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Cosmencing et the Northeast corner of the Northwest 1/4 of the Southwest
Southwesti1/4e ofiSectionp100`•edistance of9274.36 foots thence 810000'26'30" M
Street distance
Souuth Nineet siaehpRoad)onthed South right-of-way line of 65th
,Beginning* thence 8 00.26'30" W a distance of 1667.81nt ofeet:9tthe htneeoint of 0
8 69'04'59" E a distance of 274.36 filets thence s 00'26'30" M a distance 0
•of 633.48 loots thence 0 09.39'22" M a distincs of 660.29 feat: thence
N 00.26'40" E a distance of 640.09 feats thence 3 09.04.59" E a distai%ce aT
of 353.92 teats !hopes 0 00.26'30" E a distance of 667.81 feet to a point Cm,
on said south right-of-way line of 65th Streets thence 8 09.04659" E along
said south right-of-way line of 65th Street a distance of 30.00 feet•to the CD
Point of Beginning.
Containing 440;405.5 square teat or
10.11 acres. more or less. •
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BELLSOUTH
eatltwei Cattle Cap.
1100 Pathan twat N.E.
Adana, Oartia 303011•45II
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CERTIFIED MAIL • Z302435031
Return Receipt Requested
September 20, 1999
RECEIVED
OCT 12 1999
CLERK TO THE BOARD
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
11140 26TH STREIT
VERO BEACH, FL 32060•
4614 e
Re: Notice of Address Change for BMI Site'VERO(COr
Dear Sir or Madam:
Pursuant to the Notice Section of the Agreement for the above referenced site, please be advised that
effective immediately all notices, demands or correspondence should be addressed to:
BellSouth Cellular Corp.
1100 Peachtree Street, N.E.
Mall Stop 6A03
Atlanta, Georgia 30309
Attention: Real Estate DepaMleM
BellSouth Cellular Corp.
1100 Peachtree Street, N.E.
Suite 910
Atlanta, GA 30309
Attention: Legal •
If you have any que$tions, p .' to eontad us our toato number (677) 231 5447.
Sincerely,
Sheryl 1, Hand
Rept Estate Manag
+.,, ��r p
r'eatrtatiag•ive
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CD BELLSOUTH
IMMMOGiber carp.
IKOE Peachtree Street, N.E
Atlanta, Georgie 30306459E
CERTIFIED MAIL -Z302435031
Return Receipt Requested
September 20, 1999
RECEIVED
OCT 12 1999
CLERK TO THE BOARD
a
Pr
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY
1840 25TH STREET
VIRO BIRCH, FL $1900.
Re: Notice of Address Change for BM! Site'VERO(CO)'
Dear Sir or Madam:
Pursuant to the Notice Section of the Agreement for the above referenced site, please be advised that
effective immediately all notices, demands or correspondence should be addressed to
BellSouth Cellular Corp.
1100 Peachtree Street. N.E.
Mall Stop 8A03
Atlanta, Georgia 30309
Attention: Real Estate Department
With a copy to:
BellSouth Cellular Corp.
1100 Peachtree Street. N.E.
Suite 910
Atlanta, GA 30309
Attention: Legal Department
If you have any questions, please feel free to contact us at our toil -free number (877) 2315447.
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