HomeMy WebLinkAbout2021-186SITE LEASE AGREEMENT
This Site Lease Agreement (the "Agreement") is made and effective as of the date the last Party executes
this Agreement (the "Effective Date"), by and between Indian River County, a political subdivision of the State of
Florida, having a place of business at 1801 27th St, Vero Beach, FL 32960 ("Landlord"), and DISH Wireless L.L.C., a
Colorado limited liability company having a place of business at 9601 S. Meridian Blvd., Englewood, Colorado
80112 ("Tenant," and together with Landlord, the "Parties," each a "Party").
WITNESSETH:
1. Definitions.
"Affiliate(s)" means, with respecttoa Party, anyperson or entity, directlyor indirectly, controlling, controlled
by, or under common control with such Party, in each case for so long as such control continues. For purposes of
this definition, "control" shall mean (i) the ownership, directlyor indirectly, or at least fifty percent (50%) of either:
(a) the voting rights attached to issued voting shares; or (b) the power to elect fifty percent (50%) of the directors
of such entity, or (ii) the ability to direct the actions of the entity. Notwithstanding the preceding, for purposes of
this Agreement, EchoStar Corporation and itsdirect and indirect subsidiaries shall not be deemed to be "Affiliates"
of Tenant unless after the Effective Date anysuch entityqualifies as a direct or indirect subsidiary of DISH Network
Corporation.
"Applicable Laval' means any applicable federal, state or local act, law, statute, ordinance, building code, rule,
regulation or permit, or any order, judgment, consent or approval of any Governmental Authority having
jurisdiction over the Parties or this Agreement.
"Governmental Authority" means any: (i) federal, state, county, municipal, tribal or other local government
and any political subdivision thereof having jurisdiction over the Parties or this Agreement; (ii) any court or
administrative tribunal exercising proper jurisdiction; or (iii) any other governmental, quasi -governmental, self-
regulatory, judicial, public or statutory instrumentality, authority, body, agency, bureau or entity of competent
jurisdiction.
"Installation" meansthe installation of Tenant's Equipment at the Premises.
"Permitted Modifications" meansany modifications necessary for the repair, maintenance, and, if
necessary, the replacement of any of Tenant's Equipment with like -for -like equipment within the Premises, but
does not mean the addition of any equipment or the replacement of equipment with other equipment that
causes an increase in the structural loading of the Structure.
"Property" meansthat certain parcel of real property upon which the Structure is located.
"Structure" meansthat certain light pole structure, which is located on the Property.
2. Premises, Term, Rent and Contingencies.
2.1 Premises. Landlord is the owner of the Structure and the Property located at 390126TH ST, VERO
BEACH, FL 32960 as more particularly described in Exhibit A. Landlord leases to Tenant (a) approximately 100
square feet of ground space, and (b) space on Landlord's Structure, all for the use and operation of Tenant's
facilities assuch are initially described in Exhibit B, collectively referredto asthe "Premises". Landlord also grants
to Tenant any easements on, over, under, and across the Property for utilities, fiber and access to the Premises.
Landlord agreesthat providers of utility orfiber services may use such easement(s) and/or available conduit(s) for
Site Number: M I M IA00558A Lease Version: 1.0
Market: MIAMI A/NIV
the installation of any equipment necessary to provide utility or fiber service. If the existing utility or fiber sources
located within the Premises or on the Property are insufficient for Tenant's Permitted Use, Landlord agrees to
grant Tenant and/or the applicable third party utility or fiber provider the right, at Tenant's sole cost and expense,
to install such utilities or fiber on, over and/or under the Property as is necessary for Tenant's Permitted Use;
provided that Landlord and Tenant shall mutually agree on the location and the timing of such installation(s).
2.2 Term. This Agreement shall be effective as of the Effective Date. The initial term of this Agreement
(the "Initial Term") will commence on the first (15Y) day of the month following the commencement of Tenant's
Installation (the "Commencement Date"), and will expire on the last day of the month that is sixty (60) months
after the Commencement Date unless terminated sooner, renewed or extended in accordance with this
Agreement. The Initial Term shall automatically renew for up tofour (4) additional termsof sixty (60) months each
(each, a "RenewalTerm" and togetherwiththe Initial Term, the "Term"). However, Tenant may, in Tenant's sole
and absolute discretion, elect not to renew the lease at the end of the then -current Term by giving Landlord
written Notice at least ninety (90) days prior to the end of the then -current Term. The Parties agree that, subject
tothe Contingencies, this Agreement constitutesa binding and valid obligation on each Partyand thateach Party
has vested rights in this Agreement as of the Effective Date.
2.3 Rent. Beginning on the Commencement Date and continuing through the term of this Agreement,
Tenant shall pay Landlord rent for the Premises ("Rent") in the amount of one thousand seven hundred fifty and
00/100 Dollars ($1,750.00) per month. The first Rent payment shall be made within twenty(20) business days of
the Commencement Date, with subsequent rent payable by the fifth day of each month. On each anniversary of
the Commencement Date, the Rent shall be automatically increased by two and a half percent (2.5%) of the then -
current Rent. Payments shall be delivered to the address designated by Landlord in Section 12.11, or by electronic
payment.
All payments for any fractional month shall be prorated based upon the number of days during such
month that the payment obligation was in force ("Payment Terms"). Tenant shall require receipt of a validly
completed IRS approved W-9 form (or its equivalent) prior to paying any Rent or any other amount(s) due under
this Agreement.
2.4 Contingencies. The Parties acknowledge and agree that Tenant's ability to lawfully use the
Premises is contingent upon Tenant obtaining all certificates, permits, approvals and other authorizations that
may be required by any Governmental Authority in accordance with Applicable Law (collectively, the
"Governmental Approvals"). Tenantwill endeavor to obtain all such Governmental Approvals promptly. Landlord
hereby authorizes Tenant, at Tenant's sole cost and expense, to file and submit for Governmental Approvals.
Landlord shall: (a) cooperate with Tenant in Tenant'seffortsto obtain such Governmental Approvals; (b) promptly
execute and deliver all documents necessary to obtain and maintain the Government Approvals; and (c) not take
any action that would adversely affect Tenant's ability toobtain and/or maintain the Governmental Approvals. If:
(i) any application for Governmental Approvals is rejected, conditioned, materially delayed or otherwise not
approved for any or no reason; or (ii) Tenant determines, in Tenant's sole and absolute discretion, that such
Governmental Approvals cannot be obtained in a timely and commercially reasonable manner (clauses (i) and (ii)
collectively, the "Contingencies"), then, Tenant shall have the right in its sole and absolute discretion toterminate
this Agreement immediately upon Notice to Landlord, without penalty or further obligation to Landlord (or
Landlord's affiliates, employees, officers, agentsor lenders). If, following the Commencement Date, and through
no fault of Tenant, any Governmental Approval issued to Tenant is canceled, expires, lapses or is otherwise
withdrawn or terminated by the applicable Governmental Authority, then Tenant shall have the right in its sole
and absolute discretion to terminate this Agreement upon ninety (90) days' Notice to Landlord without penalty
or further obligation to Landlord (or Landlord's affiliates, employees, officers, agents or lenders). Ifthis Agreement
is terminated, thisAgreement shall be of no further force or effect (except as set forth to the contrary herein).
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI AINI .
3. Use, Access and Modifications to Tenant's Equipment.
3.1 Tenant's Permitted Use. Landlord agreesthat Tenant may use the Premises for the purpose of the
installation, operation, maintenance and management of a telecommunications facility (including, without
limitation, equipment designed to transmit and receive radio frequency signals) (collectively, "Tenant's
Equipment"), which shall include the right to replace, repair, add, or otherwise modify any or all of Tenant's
Equipment and the frequencies over which Tenant's Equipment operates ("Tenant's Permitted Use"). Landlord
acknowledges and agreesthat if radiofrequency signage and/or barricades are required by Applicable Law, Tenant
shall have the right to install the same on the Property. Tenant's Permitted Use does not include the ability to
increase the size of equipment or the number of or size of antennasnor does it include adding sub -tenants on the
Premises, without authorization from Landlord. Any engineering, structural upgrades, plan review or permitting
cost s sha I I be borne by Te na nt. Prior to t he i nsta Hat ion of Te na nt's E q u i pme nt, Te na nt ha s i nspe ct ed t he Pre m ises
and Structure, and Tenant has determined that they are suitable for Tenant's Permitted Use. Landlord makes no
expressed or implied warranty or representation with reference to the usability of the Premises for Tenant's
Permitted Use.
3.2 Access. Commencing on the Effective Date and continuing throughout the Term, Tenant, its
employees, agents and contractors shall have access to the Premises 24 hours per day, 7 days per week and at no
additional cost or expense to Tenant, provided that Landlord and Tenant shall mutually agree on the location and
the timing of such access. Further, Landlord grantsto Tenant the right of ingress and egress to the Structure and
the Premises. Prior to entering the Premises, Tenant and its employees, agents, and contractors will be required
to obtain a badge through Landlord. Those employees, agents and contractors whom are not pre -credentialed,
will need to contact Landlord, at least 24 hours in advance. Should a non -credentialed employee, agent or
contractor require access outside of normal business hours or in the case of an emergency, the employee, agent
or contractor shall gain access through a credentialed Tenant employee, agent or contractor.
3.3 Modifications to Tenant's Equipment. After Tenant's initial Installation, Tenant may make
Permitted Modifications without any increase in Rent or the approval of Landlord, but subject to access
requirementsof Section 3.2 of this Agreement. For any modification toTenant's Equipment otherthan Permitted
Modifications, Tenant shall require Landlord's written approval, which shall not be unreasonably conditioned,
delayed, or denied.
4. Utilities, Liens and Taxes.
4.1 Utilities. Tenant shall have its own utility meter installed in a mutually agreed upon location at
Tenant's expense.
4.2 Liens. There shall be no liens or mortgages or other security interests that encumberthe Premises.
4.3 Taxes. Landlord shall pay all taxesthat accrue against the Structure during the Term. If any such
tax or excise is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the
taxing authority. Tenant shall be liable for all taxesagainst Tenant's personal property or Tenant's fixtures placed
in the Premises, whether levied or assessed against Landlord or Tenant. Landlord shall reasonably cooperate with
Tenant, at Tenant's expense, in any appeal or challenge to Taxes. If, as a result of any appeal or challenge by
Tenant, there is a reduction, credit or repayment received by Landlord for any Taxes previously paid by Tenant,
Landlord agrees to promptly reimburse to Tenant the amount of said reduction, credit or repayment. If Tenant
does not have the standing rights to pursue a good faith and reasonable dispute of any Taxes under this section,
Landlord will pursue such dispute at Tenant's sole cost and expense upon written request of Tenant.
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI nitin
S. Interferenceand Relocation of Tenant's Equipment.
5.1 Interference. Tenant agrees to use commercially reasonable efforts to ensure that Tenant's
Equipment does not cause measurable transmission or reception Interference (as defined below) with any
equipment installed attheStructure asof the Effective Date. Following the Effective Date, Landlord agrees not to
install or to permit others to install any structure or equipment which could block or otherwise interfere with any
transmission or reception by Tenant's Equipment ("Interference"). If Interference continues for a period more
than forty-eight (48) hours following a Party'sreceipt of notification thereof, Landlord shall cause any interfering
party to cease operating, and/or relocate, the source of Interference, or to reduce the power sufficiently to
minimize the Interference until such Interference can be remedied.
5.2 Relocation of Tenant's Equipment. Following Tenant'sreceipt of a written Notice from Landlord,
Tenant agrees to temporarily relocate its equipment to a mutually agreed upon location on the Property (a
"Temporary Location") to facilitate Landlord's performance of maintenance, repair or similar work at the Property
or in or on the Structure, provided that: (a) Tenant agreesto pay for all costs incurred by Tenant for relocating
Tenant's Equipment to the Temporary Location as well as back to the original location ("Relocation Costs") asset
forth below; (b) Landlord gives Tenant at least six (6) months prior written Notice (except in the case of a bona
fide emergencywhich is reasonably likely to result in damage or injury to persons, the Structure or the Property
(an "Emergency"), in which event Landlord will provide the greatest amount of notice possible under the
circumstances; and (c) except for an Emergency Tenant shall not be required to relocate its equipment to a
Temporary Location more than one (1) time within any five (5) year period. If Tenant's use of the Temporary
Location requires Tenant to undergo re -zoning or re -permitting, Landlord shall not require Tenant to relocate
Tenant's Equipment, absent an Emergency, until Tenant's receipt of all Governmental Approvals applicable to
Tenant'suse of the Temporary Location.
6. Maintenance and Repair Obligations.
6.1 Landlord Maintenance of the Structure. Landlord represents and warrants that, as of the
Effective Date, the Structure, the Structure's systems and all structural elements of the Structure are in
compliance with Applicable Law. Throughout theterm of this Agreement, Landlord shall maintain, at its sole cost
and expense, the Structure and the Property (but not Tenant's Equipment located thereon) in good operating
condition. Landlord shall not have anyobligation to maintain, repair or replace Tenant's Equipment except tothe
extent required due to the acts and/or omissions of Landlord, Landlord's agents, contractorsor other tenants of
the Structure. Landlord agreesto safeguard Tenant's Equipment with the same standard of care it uses to protect
its own property, but in no event less than reasonable care. In addition, Tenant may take all actions necessary,
in Tenant's reasonable discretion, to secure and/or restrict accessto Tenant's Equipment.
6.2 Tenant Maintenance of Tenant's Equipment. Tenant assumes sole responsibility for the
maintenance, repairand/or replacement of Tenant's Equipment, except asset forth in Section 6.1. Tenant agrees
to perform all maintenance, repair or replacement of Tenant's Equipment ("Tenant Maintenance") in accordance
with Applicable Law, and in a good and workmanlike manner. Tenant shall not be permitted to conduct Tenant
Maintenance in a mannerthat would materially increase the size of the Premises.
7. Surrender and Hold Over.
7.1 Surrender. Except as set forth to the contrary herein, within ninety (90) days following the
expiration or termination of this Agreement (the "Equipment Removal Period"), inaccordance with the terms of
this Agreement, Tenant will surrender the Premises to Landlord in a condition similar to that which existed
immediately prior to Tenant's Installation together with any additions alteration and improvements to the
Premises, in either case, normal wear and tear excepted. If Tenant's Equipment is not removed during the
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI
Equipment Removal Period, Tenant will be deemed to be in Hold Over (as defined in Section 7.2 below) until
Tenant's Equipment is removed from the Premises. Tenant shall have the right to access the Premises or remove
a ny or all of Tenant's Equipment from the Premises at anytime during the Term or the Equipment Removal Period.
7.2 Hold Over. If Tenant occupies the Premises beyond the Equipment Removal Period without
Landlord's written consent ("Hold Over"), Tenant will be deemed to occupy the Premises on a month-to-month
basis, terminable by either Party on thirty (30) days' written Notice to the other Party. All of the terms and
provisions of this Agreement shall be applicable during that period, except that Tenant shall pay Landlord a rental
fee equal to one hundred fifty percent (150%) of the then current monthly Rent applicable at the expiration or
termination of the Agreement, proratedforthe number of days of such hold over.
8. Default, Remedies and Termination.
8.1 Default. If any of the following events occur during the Term (each a "Default"), then the non -
Defaulting Party mayelect one or more of the remedies set forth below in this Section 8 or seek anyother remedy
available: (a) Tena nt's fa ilure to make any payment required by this Agreement within thirty (30) days after receipt
of written Notice from the Landlord of such failure to pay; (b) failure by either Partyto observe or perform any
provision of this Agreement where such failure: (1) continues for a period of thirty (30) days after written Notice
thereof from the non -Defaulting Partyand the Defaulting Partyhas failed to cure or commenced the cure of such
Default; and/or (2) based upon Tenant's reasonable determination, materially affectsTenant'sability to transmit
or receive wireless communications signals to or from the Premises; (c) either Partyfiles a petition in bankruptcy
or insolvency or for reorganization or arrangement underthe bankruptcy laws or under any insolvency act of any
state, or admits the material allegations of any such petition by answer or otherwise, or is dissolved or makes an
assignment for the benefit of creditors; and/or (d) involuntary proceedings under any such bankruptcy law or
insolvency act or for the dissolution of either Party are instituted against either Party, or a receiver or trustee is
appointed for all or substantially all of the property of either Party, and such proceeding is not dismissed, or such
receivership or trusteeship vacated within sixty (60) days aftersuch institution or appointment.
8.2 Remedies. Upon the occurrence of anyuncured Default, the non -Defaulting Party maythereafter
terminate this Agreement immediately upon written Notice to the other Party without prejudice to any other
remedies the non -Defaulting Party may have at law or in equity.
8.3 Termination. Tenant shall have the right to terminate this Agreement without further liability
upon one hundred eighty (180) days prior written Notice to Landlord due to any one or more of the following: (i)
changes in Applicable Law which prohibit or adversely affect Tenant's ability to operate Tenant's Equipment at
the Premises; (ii) Tenant, in its sole discretion, determines that Tenant's Permitted Use of the Premises is obsolete
or unnecessary; (iii) Landlord or a third party installs any structure, equipment, or other item which blocks,
hinders, limits, or prevents Tenant from being able to use the Tenant Equipment for Tenant's Permitted Use.
9. Limitation of Liability and Indemnification.
9.1 Limitation of Liability. EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS SET FORTH
BELOW IN THIS SECTION 9, NEITHER PARTY NOR ANY OF ITS AGENTS, CONTRACTORS OR EMPLOYEES, SHALL BE
LIABLE TOTHE OTHER PARTY OR ANY PERSON CLAIMING THROUGH THAT PARTY FOR ANY EXEMPLARY, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
CLAIMS CAUSED BY OR RESULTING FROM THE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF
THATPARTY, ITS AGENTS, CONTRACTORS OR EMPLOYEES. LANDLORD'S LIABILITY SHALL ONLY BETOTHE LIMITS
SETFORTH IN SECTION 768.28, FLORIDA STATUTES.
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI nrN►r
9.2 Tenant's Indemnity. Except tot he extent caused by the breach of this Agreement by Landlord or
the actsor omissions of Landlord, its officers, agents, employees, contractors, or any other person or entity for
whom Landlord is legally responsible, Tenant shall defend, indemnify and hold Landlord and its officers, directors,
shareholders, employees, agents and representatives ("Landlord's Representatives") harmlessfrom and against
any and all claims, demands, litigation, settlements, judgments, damages, liabilities, costsand expenses (including,
without limitation, reasonable attorneys' fees) (individually or collectively, a "Claim") arising directly or indirectly
out of: (i) anyact or omission of Tenant, its officers, agents, employees, contractors, orany other person or entity
for whom Tenant is legally responsible ("Tenant's Representatives"); or (ii) a breach of any representation,
warranty or covenant of Tenant contained or incorporated in this Agreement. Tenant's obligations under this
Section 9.2 shall survive the expiration or earlier termination of this Agreement for two (2) years.
9.3 Landlord's Indemnity. Except to the extent caused by the breach of this Agreement by Tenant or
the acts or omissions of Tenant or Tenant's Representatives,, Landlord shall defend, indemnify and hold Tenant,
its officers, directors, shareholders, employees, agentsand representatives harmless from and against any and all
Claims arising directly or indirectly out of: (i) any act or omission of Landlord, its officers, agents, employees,
contractors or any other person or entity for whom Landlord is legally responsible; (ii) a breach of any
representation, warranty or covenant of Landlord contained or incorporated in this Agreement; and/or (iii) the
generation, possession, use, storage, presence, release, spill, treatment, transportation, manufacture,
refinement, handling, production and/or disposal of Hazardous Substances in, on, about, adjacent to, under or
near the Premises, the Structure and/or the Property, and/or any contamination of the Premises, the Structure
and/or the Property by any Hazardous Substance, but only to the extent not caused by Tenant or Tenant's
Representatives. Landlord's obligations under this Section 9.3 shall survive the expiration or earlier termination
of this Agreement for two (2) years. Landlord's obligations under this section shall only be to the limits set forth
in section 768.28, Florida Statutes.
9.4 Indemnification Procedure. The Party seeking indemnification (the "Indemnified Party") shall
promptly send Notice to the Party from whom indemnification is being sought (the "Indemnifying Party") of the
claim or suit for which indemnification is sought. The Indemnified Partyshall not make any admission asto liability
or agreeto any settlement of or compromise any claim without the prior written consent of the Indemnifying
Party. The Indemnified Partyshall, at the Indemnifying Partyrequest and expense, give the Indemnifying Partyall
reasonableassistance in connection with those negotiations and litigation.
10. Insurance.
10.1 Landlord Obligations. Throughout the Term, Landlord shall maintain, at Landlord's sole cost and
expense, the following insurance coverage (i) Commercial General Liability of not less than $1,000,000 per
occurrence and $2,000,000 aggregate; Property Insurance on the Premises to include all perils coverage such as
fire, wind, names storms and other hazards.
10.2 Tenant Obligations. Throughout the Term, Tenant shall maintain, at Tenant's sole cost and
expense, the following insurance coverage: (i) workers' compensation insurance with no less than the minimum
limits required by Applicable Law; (ii) employer's liability insurance with such limits as required by Applicable Law,
and (iii) Commercial General Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000
aggregate to include Landlord as additional insured..Tenant shall provide Landlord's Risk manager with a
certificate of insurance confirming that such policy has been obtained and is in full force and effect, and confirming
that such policy will not be cancelled without thirty (30) days' prior written notice to Landlord. Such policy shall
be primary to any liability insurance obtained by Landlord.
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI AINI .
10.3 Insurance Requirements. All policies required by this Section 10 shall be issued by insurers that
are (1) licensed to do business in the state in which the Property and/or Structure are located, and (2) rated A- or
better by Best's Key Rating Guide.
10.4 Waiver of Subrogation. To the fullest extent permitted by law, Landlord and Tenant for
themselves and any and all parties claiming under or through them, including, without limitation, their respective
insurers, hereby mutually release and discharge each other and the other'sAffliates, and their respective officers,
directors, shareholders, agents, employees, contractors, and/or any other person or entity for whom a Party is
legally responsible from any claims for damage to any person or to the Premises or any other real or personal
property that are or are claimed to have been caused by or result from risks insured against under any insurance
policies carried by the waiving party and in force at the time of such damage and hereby waive any right of
subrogation that might otherwise exist in or accrueto any person on accountthereof. All policies required to be
carried by either Party herein shall contain an endorsement in favor of the other Party waiving the insurance
company's right of subrogation against such other Party. THIS RELEASE SHALL APPLY EVEN IF THE LOSS OR
DAMAGE IS CAUSED BYTHE FAULT OR NEGLIGENCE OF A PARTY HERETOOR BY ANY PERSON FOR WHICH SUCH
PARTY IS RESPONSIBLE. EACH PARTYAGREESTO NOTIFY ITS INSURANCE CARRIER(S) OFTHIS PROVISION.
11. Representations and Warranties.
11.1 Representations and Warranties. Landlord represents, warrantsand covenantsthat: (a) Landlord
has the right and authorityto execute and perform this Agreement; (b) there are no liens, judgmentsor other title
matters materiallyand adversely affecting Landlord's title to the Property; (c) there are no covenants, easements
or restrictions that prevent the use of the Premises for Tenant's Permitted Use; (d) the Structure and the Premises
are ingood repair; (e) Landlordwill comply with allfederal, state, and local laws inconnection with anysubstances
brought on to the Property and/or Structure that are identified as toxic or hazardous by any Applicable Law,
ordinance or regulation ("Hazardous Substance"); and (f) Tenant's use and quiet enjoyment of the Premises shall
not be disturbed. Landlord is responsible for any loss or damage, including remediation, with respect to Hazardous
Substances as per Applicable Law. Landlord understands and agreesthat notwithstanding anything contained in
this Agreement to the contrary, in no event shall Tenant have any liability whatsoever with respect to any
Hazardous Substance that was on, about, adjacent to, under or near the Structure prior to the Effective Date, or
that was generated, possessed, used, stored, released, spilled, treated, transported, manufactured, refined,
handled, produced or disposed of on, about, adjacent to, under or near the Property and/or Structure by: (1)
Landlord, its agents, employees, contractors or invitees; or (2) any third party who is not an employee, agent,
contractor or invitee of Tenant.
12. Miscellaneous.
12.1 Assignment. Neither Partymay assign or otherwise transfer any of its rightsor obligations under
this Agreementto any third party without the prior writtenapproval of the other Party, which consent shall not
be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, either Party may assign or
transfer some or all of its rights and/or obligations under the Agreementto: (i) an Affiliate; (ii) a successor entity
to its business, whether by merger, consolidation, reorganization, or by sale of all or substantially all of its assets
or stock; (iii) any entity in which a Party or its Affiliates have any direct or indirect equity investment; and/or (iv)
any other entity directly or indirectly controlling, controlled by or under common control with any of the
foregoing, and in each case, such assignment, transfer or other such transaction shall not be considered an
assignment under this Section 12.1 requiring consent and the non -assigning Party shall have no right to delay,
alter or impede such assignment or transfer.
12.2 Rights Upon Sale of Property or Structure. Should Landlord, at any time during the Term, sell or
transfer all or any part of the Property or the Structure to a purchaser other than Tenant, such transfer shall be
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI AINI .
subject tot his Agreement and Landlord shall require any such purchaser or transferee to recognize Tenant's rights
under the terms of this Agreement in a written instrument signed by Landlord and the third party transferee. If
Landlord completes any such transfer without executing such a written instrument, then Landlord shall not be
released from its obligations to Tenant under this Agreement, and Tenant shall have the right to look to Landlord
and the third party for the full performance of this Agreement. In addition to, and not in limitation of the
preceding, in the event the Landlord sells or transfers either its rights in all or any portion of the Premises or
Landlord's right to the receive the Rent (and other payments) derived from the Premises under this Agreement,
in either case separate from the underlying Structure and/or Property, to any third party who is not an Affiliate of
Landlord, then prior to any such sale or transfer Landlord shall first provide Tenant with a right of first refusal
("ROFR")toacquire such right(s). In order to evaluate the terms and conditions offered to Landlord by such third
party Landlord shall provide Tenant with a full, complete and unredacted copy thereof and Tenant shall have thirty
(30) days from receipt thereof to elect to exercise its ROFR; provided that Tenant's exercise of the ROFR shall be
on the same terms and conditions as offered to Landlord by such third party (except as may be mutually agreed
upon to the contrary).
12.3 Reserved.
12.4 Condemnation. If all or any portion of the Premises is condemned, taken by a Governmental
Authority or otherwise appropriated by the exercise of the right of eminent domain or a deed or conveyance in
lieu of eminent domain (each, a "Taking"), either Party hereto shall have the right to terminate this Agreement
immediately upon Notice to the other Party. Ifeither Party electsto terminate this Agreement, the Rent set forth
herein shall be abated, and Tenant's liability therefor will cease as of the dateofsuch Taking, this Agreement shall
terminate as of such date, and any prepaid rent shall be returned to Tenant. If this Agreement is not terminated
as herein provided, then it shall continue in full force and effect, and Landlord shall, within a reasonable time after
possession is physically taken by the condemning authority restore the remaining portion of the Premises to
render it reasonably suitable for the uses permitted by this Agreement and the Rent shall be proportionately and
equitably reduced. Notwithstanding the foregoing, Landlord shall not be obligated to expend an amount greater
than the proceeds received from the condemning authority less all expenses reasonably incurred in connection
therewith (including attorneys' fees) for the restoration. All compensation awarded in connection with a Taking
shall be the property of Landlord, provided that if allowed under Applicable Law, Tenant may apply for and keep
as its propertya separate award for (i)the value of Tenant's leasehold interest; (ii) the value of Tenant's Equipment
or other personal property of Tenant; (iii) Tenant's relocation expenses; and (iv) damagesto Tenant's business
incurred as a result of such Taking.
12.5 Recording. If requested by Tenant, Landlord and Tenant agree to execute a Memorandum of
Lease that Tenant may record atTenant'ssole cost and expense. The date set forth in the Memorandum of Lease
is for recording purposes only, and bears no reference to commencement of the Term or rent payments of any
kind.
12.6 Force Maieure. Notwithstanding anything to the contrary in this Agreement, neither Party shall
be liable to the other Party for nonperformance or delay in performance of any of its obligations under this
Agreement due to causes beyond its reasonable control, including, without limitation, strikes, lockouts,
pandemics, labor troubles, acts of God, accidents, technical failure governmental restrictions, insurrections, riots,
enemy act, war, civil commotion, fire, explosion, flood, windstorm, earthquake, natural disaster or othercasualty
("Force Majeure"). Upon the occurrence of a Force Majeure condition, the affected Partyshall immediately notify
the other Party with as much detail as possible and shall promptly inform the other Party of any further
developments. Immediately after the Force Majeure event is removed or abates, the affected Party shall perform
such obligations with all due speed. Neither Partyshall be deemed in default of this Agreement tothe extent that
a delay or other breach is due to or related to a Force Majeure event. A proportion of the Rent herein reserved,
according to the extent that such Force Majeure event shall interfere with the full enjoyment and use of the
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI AINI .
Premises, shall be suspended and abated from the date of commencement of such Force Majeure event until the
date that such Force Majeure event subsides. If such Force Majeure event prevents the affected Party from
performing its obligations under this Agreement, in whole or in part, for a period of forty-five (45) or more days,
then the other Party may terminate this Agreement immediately upon Notice to the affected Party.
12.7 Successors and Assigns. The respective rights and obligations provided in this Agreement shall
bind and shall continue to apply for the benefit of the Parties hereto, their legal representative, heirs, successors
and permitted assigns. No rights however, shall continue to apply for the benefit of any assignee, unless such
assignment was made in accordancewith Section 12.1 of this Agreement.
12.8 Governing Law and Construction. This Agreement shall be construed, governed and enforced in
accordance with the laws of the state in which the Premises is located. The section and paragraph headings
contained in this Agreement are solely for reference purposes, and shall not affect in any waythe meaning or
interpretation of this Agreement.
12.9 Severability. Each provision of this Agreement shall be construed as separable and divisible from
every other provision and the enforceability of any one provision shall not limit the enforceability, in whole or in
part, of any other provision. Ifa court or administrative body of competent jurisdiction holds any provision of this
Agreement to be invalid, illegal, void or less than fully enforceable as to time, scope or otherwise, such provision
shall be construed by limiting and reducing it so that such provision is valid, legal and fully enforceable while
preserving tothe greatest extent permissible the original intent of the parties; the remaining terms and conditions
of this Agreement shall not be affected by such alteration, and shall remain in full force and effect.
12.10 Waiver; Remedies. It is agreed that, except as expressly set forth in this Agreement, the rights
and remedies herein provided in case of Default or breach by either Landlord or Tenant are cumulative andshall
not affect in any manner any other remedies thatthe non -breaching Party may have by reason of such defaultor
breach. The exercise of any right or remedy herein provided shall be without prejudice to the right to exerciseany
other right or remedy provided herein, at law, in equity or otherwise.
12.11 Notice. All notices or requests that are required or permitted to be given pursuant to this
Agreement must be given in writing by certified US mail (postage pre -paid) with return receipt requested or by
courier service (charges prepaid), or solely in the case of notice to Landlord by email, to the party to be notified,
addressed to such party at the address(es) or email address(es) set forth below, or such other address(es), email
address(es) or fax number(s) as such Party may have substituted by written notice (given in accordance with this
Section 12.11)to the other Party ("Notice"). The sending of such Notice to the proper email address (in the case
of email transmission) or the receipt of such Notice (in the case of delivery by first-class certified mail or by courier
service) will constitute the giving thereof.
If to be given to Landlord:
Indian River County
Board of County Commissioners
Attn: Finance Department
1801 27th Street
Vero Beach, Florida, 32960
If to be given to Tenant:
DISH Wireless L.L.C.
Attn: Lease Administration
5701 South Santa Fe Blvd.
Littleton, Colorado 80120
12.12 Entire Agreement. This Agreement sets forth the entire, final and complete understanding
between the Parties hereto regarding the subject matter of this Agreement, and it supersedes and replaces all
previous understandings or agreements, written, oral, or implied, regarding the subject matter ofthis Agreement
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI AINI
made or existing before the date of this Agreement. Except as expressly provided by this Agreement, no waiver
or modification of any of the terms or conditions of this Agreement shall be effective unless in writing and signed
by both Parties. Any provision of this Agreement that logically would be expected to survive termination or
expiration, shall survive for a reasonable time period under the circumstances, whether or not specifically
provided in this Agreement.
12.13 Compliance with Law. Each Party shall, with respect to its actions and/or inactions pursuant to
and in connection with this Agreement, comply with all applicable statutes, laws, rules, ordinances, codes and
governmental or quasi -governmental orders or regulations (in each case, whether federal, state, local or
otherwise) and all amendments thereto, now enactedor hereafter promulgated and in force during the termof
this Agreement, a Renewal Term or any extension of either of the foregoing.
12.14 Counterparts. This Agreement may be executed in any number of identical counterparts and, if
so executed, shall constitute one agreement, binding on allthe Parties hereto, notwithstanding that allthe Parties
are not signatories tothe original or the same counterpart. Execution of this Agreement by facsimile or electronic
signature shall be effective to create a binding agreement and, if requested, Landlord and Tenant agree to
exchange original signed counterparts in their possession.
12.15 Attorneys' Fees. If an action is brought by either Party for breach of any covenant and/or to
enforce or interpret any provision of this Agreement, each Partyshall be required tocover its own costs, expenses
and reasonable attorneys' fees, both at trial and on appeal, without expectation of reimbursement in any form.
12.16 Incorporation of Exhibits. All exhibits referenced herein and attached hereto are hereby
incorporated herein in their entirety by this reference.
(Remainder of page intentionally left blank. Signature page follows. j
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI ni,vn
IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this
Agreement as of the Effective Date.
LANDLORD:
Indian River County,
apolitical subdivision of the State of Florida
TENANT:
DISH WIRELESS L.L.C.
By:By:
Nae: Jose h E. Flescher1,Na
Its: Chairman
Date:
A0PR tO AS TO FORM
A .;D LEGAL SUFFIO1EN
AWNGOLD
01 ONIYATTORNEY
Date: 1111 61202-1
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
Br-zw4 U)aj d&"'y
Deputy Clerk
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI AINII
EXHIBITA
LEGAL DESCRIPTION OF PROPERTY
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP33SOUTH, RANGE 39 EAST, PROCEED NORTH
89°45'39" WEST, A DISTANCE OF 1997.62 FEET TO A POINT; THENCE SOUTH 04°15' 11" WEST, A DISTANCE OF 30.07
FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT DRIVE (A/K/A34" AVENUE, A90 FOOT RIGHT-
OF-WAY) SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY
LINE SOUTH 10°36'49" WEST, A DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE,
CONCAVE TO THE WEST, HAVING A RADIUS OF 1125.14 FEET AND A CENTRALANGLE OF 09°30'08"; THENCE SOUTH
ALONG SAID CURVE, A DISTANCE OF 186.60 FEET; THENCE SOUTH 20°06'57" WEST, A DISTANCE OF 82.11 FEET TO
THE POINT OF CURVATURE OFA TANGENT CURVE, CONCAVE TOTHE EAST, HAVING A RADIUS OF 1825.86 FEET AND
A CENTRAL ANGLE OF 19°54'25"; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 634.38 FEET, THENCE SOUTH
00°12'32" WEST, A DISTANCE OF 55.06 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIVER
FARMS DRAINAGE DISTRICT MAIN CANAL (300 FOOT RIGHT-OF-WAY); THENCE ALONG SAID NORTHERLY RIGHT-OF-
WAY
IGHT-OFWAY LINE SOUTH 69'22'53" WEST, A DISTANCE OF 482.50 FEET; THENCE NORTH 15`50'35" WEST, A DISTANCE OF
50.17 FEET TO A POINT 50.00 FEET NORTH OFAFORESAI D MAIN CANAL NORTH RIGHT-OF-WAY LI NE;THENCE SOUTH
69°22'53" WEST ALONG SAID LINE PARALLELAND 50.00 FEET NORTH OF SAID MAIN CANAL NORTH RIGHT-OF-WAY
LINE, A DISTANCE OF 1001.21 FEET; THENCE NORTH 18°15'26" WEST, A DISTANCE OF 386.46 FEET; THENCE: NORTH
63°53'04" WEST, A DISTANCE OF 476.06 FEET; THENCE NORTH 89°45'39" WEST, A DISTANCE OF 414.56 FEET,
THENCE NORTH 00°14'21" EAST, A DISTANCE OF 876.82 FEET TO A POINT 30.00 FEET SOUTHERLY OF THE NORTH
LINE OF SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE SOUTH 89°45'39" EAST ALONG A LINE BEING
30.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID SECTION LINE, A DISTANCE OF 2557.93 FEET OTTHE POINT OF
BEGINNING.
CONTAI NI NG 61.75 ACRES MORE OR LESS.
Site Number: MIMIA00558A Lease Version: 1.0
Market: MIAMI 3111ViV
EXHIBIT B
I.11149We1►1
Site Number: MIMIA00558A
Market: MIAMI Lease Version: 1.0
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Site Number: MIMIA00558A
Market: MIAMI Lease Version: 1.0
Upon Recording, Return to:
DISH Wireless L.L.C.
Attention: Lease Administration
5701 S. Santa Fe Dr.
Littleton, CO 80120
Re: MIMIA00558A
(Space above for Recorder's Office)
MEMORANDUM OF SITE LEASE AGREEMENT
This Memorandum of Site Lease Agreement made this 4 day
2021, by and between Indian River County, a political subdivision of the State of Florida
("Landlord"), having place of business at 1801 27th St, Vero Beach, FI -32960, and DISH Wireless
L.L.C., a Colorado limited liability company ("Tenant"), having place of businessat 9601 South
Meridian Boulevard, Englewood, Colorado 80112. Tenant and Landlord are at times collectively
referred to hereinafter as the "Parties" or individually as the "Party". This Memorandum is
summarized as follows:
1. Tenant and Landl rd ent red into a Site Lease Agreement ("Agreement") with an
effective date of, 2021, for the purpose of installation, operation,
maintenance, and anagement of a wireless communications facility. All of the
foregoing, in addition to the provisions set forth in the Agreement between the Parties,
are incorporated by reference and made a part herein.
2. Landlord is the owner of a certain light pole structure and real property located at 3901
26TH ST, VERO BEACH, FL 32960 being more particularly described in Exhibit attached
hereto and made a part herein (the "Property")
3. Landlord has leased to Tenant and Tenant has leased from Landlord, space for Tenant's
equipment installation on the Property, as described or depicted in Exhibit B, attached
hereto and made a part herein (the "Premises"), that includes certain right of way grants
of easements for access and utilities as provided in the Agreement (which may or may
not be described or depicted in Exhibit B) which easements are in effect, or may be
acquired, or granted, throughout the term of the Agreement as renewed or extended
subjectto the termsand conditionsas set forth in the Agreement.
DISH SI I1 IU \1L\Q1ui;iM
4. The Agreement has an initial term of five (5) years commencing the first (1st) day of the
month following the commencement of Tenant's Installation (the "Commencement
Date"), Tenant shall have the right, at its election, to extend the term of the Agreement,
by four (4) terms of five (5) years each or in any other such manner as prescribed in the
Agreement. If all options to renew are exercised, the Agreement will have a term of
twenty-five (25) years from the Commencement Date.
5. During the initial term and all renewal terms of the Agreement, Tenant shall have a right
of first refusal in the event the Landlord wishes to sell or transfer its rights in all or any
portion of the Premises or Landlord's right to the receive the Rent (and other payments)
derived from the Premises under this Agreement.
6. Duplicate copies of the originalsof the Agreementare in the possession of the Landlord
and Tenant at the addresses set forth above and reference should be made thereto for a
more detailed description thereof and forresolution of any questions pertaining thereto.
7. It is expressly understood and agreed by all Parties that the sole purpose of this
Memorandum of Site Lease Agreement into give record notice of the Agreement; it being
distinctly understood and agreed that said Agreement constitutes the entire agreement
between Landlord and Tenant with respect to the Premises and is hereby incorporated
by reference. The Agreement contains and sets forth additional rights, terms, conditions,
and obligations not enumerated within this Memorandum which govern the Agreement.
This Memorandum is for information purposes only and nothingcontained herein may be
deemed in any way to modify or vary any of the terms or conditions of the Agreement.
In the event of any inconsistency between the terms of the Agreement and this
Memorandum, the terms of the Agreement shall control. The rights and obligations set
forth in the Agreement shall be binding upon and inure to the benefit of the Parties and
their respective heirs, representatives, successors, and assigns.
[Reminder of page intentionally left blank. Signature pagefollows.]
UI SII S1 IV IU VARV IiiiM
IN WITNESS WHEREOFF, the Parties have executed this Memorandum of Site Lease Agreement
as of the day and year first written above.
LANDLORD:
Indian River County,
a political subdivision of the State of Florida
TENANT:
DISH WIRELESS L.L.C.
APPROa E:n r. r "r)
AND LEGAL r�s- i
BY�... .�.. ,....
YL A 1,
COUtit'i Y /,,,, 'O: *04"y
ni>u srrr: iu Nm1Lw)i5Xk
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
CIA /1' 11 ) 4 11A j,
-7 er:
Deputy Clerk
DISH'S ACKNOWLEDGEMENT
State of Colorado )
SS
County of Arapahoe )
—\AOn this day 1� ZM1 the foregoing instrument was acknowledged
before me Miriam M Simpson, a Notary Public Dave Mayo who proved to me on the basis of
satisfactory evidence to be the person (s) whose name is/ are subscribed to the within
instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their
authorized capacity (ies) and by his/her/their signature(s) on the instrument the person (s) or
the entity upon behalf of which the person (s) acted executed the instrument (s).
I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
L
��I ISIry MPSONe of ColoradoD M 20094018901
ion Expires ^' L02
5 1
Notar Public
My Commission Expires: 812112 Commission No: 20094018901
LANDLORD'S ACKNOWLEDGMENT
STATE OF Florida
SS:
COUNTY OF Indian River
On this 9th day of November 20_, before me, the undersigned a Notary
Public in and for the county and state aforesaid, personally appeared
Joseph E. Flescher (person/company) to me known to be the identical person who
executed the within and foregoing instrument as its Chair (title), and acknowledged to me
that he executed the same as his free and voluntary act and deed,and as the free and voluntary
act and deed of said Board __(company), for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
of Public
My Commission Expires: April 9, 2023
Commission No: GG 321703 EDWWJAMES OFFUiT
%.„,1 COMMISSION i'GG 321703
EXPIRES:Apra 9,2023
".74:7 rg, Bonded TMu Notary pubic Under rdlers
►A. i • r r ►- ��
DISH'S ACKNOWLEDGMENT
STATE OF
SS:
COUNTY OF
On this day of , 20 , • ore me, the undersigned a Notary Public
in and for the county and . ate aforesaid, personally appeared
of D . Wireless L.L.C. to me known to be the identical
person who executed the within a• • foregoing instrument as its (title), and
acknowledged to me that he exec ed the same as his free and voluntary act and deed, and as
the free and voluntary act and • -ed of said DISH Wireless L.L.C.,forthe uses and purposes therein
set forth.
Given and- , y hand and seal the day and year last above written.
Notary Public
My Commission Expires:
Commission No:
uisn srri ID\milvl;:x\
EXHIBIT A
Legal Description of the Property
A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 33 SOUTH. RANGE 39 EAST,
INDIAN RIVER COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 33 SOUTH,
RANGE 39 EAST. PROCEED NORTH 89045'39" WEST, A DISTANCE OF 1997.62 FEET TO
A POINT: THENCE SOUTH 04015' 11" WEST, A DISTANCE OF 30.07 FEET TO A POINT
ON THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT DRIVE (A/K/A 34" AVENUE. A
90 FOOT RIGHT-OF-WAY) SAID POINT BEING THE POINT OF BEGINNING; THENCE
CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 10036'49" WEST. A
DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE.
CONCAVE TO THE WEST, HAVING A RADIUS OF 1125.14 FEET AND A CENTRAL
ANGLE OF 09030'08": THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 186.60
FEET; THENCE SOUTH 20°06'57" WEST, A DISTANCE OF 82.11 FEET TO THE POINT OF
CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST. HAVING A RADIUS
OF 1825.86 FEET AND A CENTRAL ANGLE OF 19054'25"; THENCE SOUTH ALONG SAID
CURVE, A DISTANCE OF 634.38 FEET. THENCE SOUTH 00012'32" WEST, A DISTANCE
OF 55.06 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIVER
FARMS DRAINAGE DISTRICT MAIN CANAL (300 FOOT RIGHT-OF-WAY); THENCE
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 69022'53" WEST. A
DISTANCE OF 482.50 FEET: THENCE NORTH 15°50'35" WEST, A DISTANCE OF 50.17
FEET TO A POINT 50.00 FEET NORTH OF AFORESAID MAIN CANAL NORTH RIGHT-
OF-WAY LINE: THENCE SOUTH 69°22'53" WEST ALONG SAID LINE PARALLEL AND
50.00 FEET NORTH OF SAID MAIN CANAL NORTH RIGHT-OF-WAY LINE. A DISTANCE
OF 1001.21 FEET: THENCE NORTH 18015'26" WEST. A DISTANCE OF 386.46 FEET:
THENCE: NORTH 63053'04" WEST, A DISTANCE OF 476.06 FEET; THENCE NORTH
89045'39" WEST, A DISTANCE OF 414.56 FEET; THENCE NORTH 00014'21" EAST, A
DISTANCE OF 876.82 FEET TO A POINT 30.00 FEET SOUTHERLY OF THE NORTH LINE
OF SECTION 3. TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE SOUTH 89045'39"
EAST ALONG A LINE BEING 30.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID
SECTION LINE, A DISTANCE OF 2557.93 FEET OT THE POINT OF BEGINNING.
CONTAINING 61.75 ACRES MORE OR LESS.
UIS91 S'I'l7i Ill DINILU1155M
EXHIBIT B
The Premises
(see attached)
DISI UY, ID MMIL0055A1
d.*s,h
NOTES
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UTTIETON, CO 80120
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A&E PROJECT NUMBER
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DISH WRElESS. LLC.
It
MIMIA00558A
3901 26th STREET
VERO BEACH, FL 32966
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DISH WRElESS. LLC.
PROJECT INFORMATION
MIMIA00558A
3901 26th STREET
VERO BEACH, FL 32966
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dish wireless
November 17, 2021
Inidan River County
1801 27th Street
Vero Beach, FL 32960
5701 South Santa Fe Drive
Littleton, CO 80120
NOV 2 2 2021
COUNTYAi I-ORNEY'S
OFFICE
RE: Site Lease Agreement (SLA) and Memorandum of Site Lease Agreement (MOL)
Lessee Site ID: MIMIA00558A
Dear Dylan Reingold, Attorney,
DISH Wireless L.L.C. is pleased to partner with you as we build out our 5G Network! Enclosed you will find
two (2) partly executed SLA's and MOL's. Please sign and return one of each back to:
Dish Wireless
Lease Administration
5701 South Santa Fe Drive
Littleton, CO 80120
If you are interested in having your rent paid via Electronic Funds Transfer ("EFT") please complete the
enclosed EFT request form and return it with a voided check.
For questions or concerns that may arise during our tenancy, please utilize the following number 844-924-
4186 or you can email us at Landlordrelations,adish.com.
We look fSlrward to a long-term partnership with you
Mi?ior
mpson
SeLease Administrator
Dish Wireless L.L.C.
dish -
Dish Wireless L.L.C.
Authorization Agreement
for Automated Deposits &
Credits
I hereby authorize and request DISH Wireless L.L.C. ("Company") to make payment of any amounts owed to me by
initiating credit entries to my account at the Bank indicated below ('Bank"). I hereby authorize and request Bank to
accept any credit entries initiated by Company and to credit all such entries to my account without liability for the
correctness of the entries.
It is understood and agreed that I may terminate this agreement at any time upon three business days prior written
notice to Company or Bank. Notification to Company or Bank shall be effective upon receipt.
I understand and agree that if an erroneous credit is made to my account, that Company and Bank are authorized
to stop payment, reverse the entry or make any adjustments necessary to my account to correct the erroneous
entry.
DISH SG Site ID:
Landlord Entity Name:
Rent Payee Name:
(if different from
Landlord entity)
Signed:
Printed Signed Name:
Date:
Depositor Account Information
1. Attach a voided, pre-printed company check, deposit slip or letter from banking institution with the following
information:
• Account Name and Address
• Bank Name
• Bank Routing Number
• Bank Account Number
2. Email completed document to WirelessAPHelpDeskPDish. com OR mail to:
DISH Wireless L.L.C.
ATTN: Accounts Payable
9601 S. Meridian Blvd.
Englewood, CO 80112
COMPANY/PERSONAL NAME 1102
101 ANY ROAD
CITY, STATE 12345 DATE
ATTACH VOIDED CHECK HERE
Sample Bank NOT Wk H.8 NEGOTIABLE
8
'W* R"i" SAMPLE -- VOID