HomeMy WebLinkAbout1998-174to the Maser Site Agreement between Neem Comnuniadons, Inc, a Delaware corporaion, anther with is winks
eonnmladons subsidiaries affiliate. oxilsairebt 'Noon and AT&T Wirekss Services, Inc, dlbh AT&T Whelan Servioss (fsrrnaly
known as McCaw Cellular Cannuniat oms, Ia4, a Delaware corporados ('AT&T Winless Services') and, together with is wSss +
conrnuniations subsidiaries affiliates, celCSy'AT&T'. The pwdss hweby agree that all of the amu and conditions of the abort
rte enad Maar She Agreement ire Naupnsd SS by this refurroa
Nam of Llsmut AMU*, NIA,
Site Address 3121rdbnwn Road, Sebastian. Florida
Site Latitude and Longitude 2747-16.10,10.27.55.19
Site Licensor (armed): or Licensor (lase* X
If leased, Tarin of Underlying Lasefive (5) yam and option for four (4) additional (5) year terns.
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Licensor Contact for Access for Emergency: Rob Shama (407) 257.9950
Licensee Contact for Emergency: Marty Wills (954) 273-1450
Licensee's Address for Nodal Purposes Nadel South Corp.
aS 1 Trafalgar Court, Suite 300E
Maitland, FL 32751
Attn: Property Manager
With a copy to:
Neste! Communications, Inc.
1505 Farm Credit Drive
Md inn, Vitt** 33101
Alta Llplttsnmen6, Conirwa Manager
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COUNTY OF
The foregoing instrument was selmowledged before ms this day of . 1998. by
es of AT&T Winless Servkw of Florida, a Florida corporation. who is personally known to me or who has
produced as identifkadon Ind who did (did not) take an oath.
WITNESS my hand and official seas.
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STATE OF Creb 1245 A
COUNTY OF Grr i) tA! Al EDIT
The [ongoing Inmuman wu acknowledged before me this 14 day of 199g, by John Cahn, u
Reginal The President of £agassSg of Nath South Corp., a Georgia corpora who is personally known to me or who has
'produced u identification and who didd�not) tabs as oath..
A(NgIONt
EXHIBIT I:
EXHIBIT 2:
EXHIBIT 3:
EXHIBIT 4:
EXHIBIT 3:
EXHIBIT 6:
Description of Land _
Description of Premisa (incite Plan and Specifications)ee oEquipment Shelter/RoonVCabhwt
Easements and Mortgages
Memorandum of Agrooment
Prime Lew
RF Engineering and Current Communication Users of Site (including hegwncin)
Owner's Conan
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gUDEW EASES'I592A\SITELSC.DOC
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Mb.: Ft. Lauderdale
Sits FL -1592•A
Sia Nuns: Seblethl
EXHIBIT
DESCRIPTION OF LAND
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S•bW)an
lode Sits Limn dated .1991, by and between AT&T WIRELESS SERVICES OF FLORIDA. INC., a
Florida corporation. as LLNnact, and NEXTEL SOUTH CORP, $ ONrtla corporation, a Lifland.
DESCRIPTION OF
PARENT TRACT
A. poal.d N OIIWS Rowe Oink 1074, Pegs 131 Wien
Mar t* fins
Prue lend !nested In Ws Northeast One-Ow1ee (N31/4)
el the Nerth.est On. -Oras (NE+/4)1 LESS W. cis 20 ease
Ohne .n/ • MOM. 0 le l.u�hoss Q, -O� (*_S31/4) of
We Nsrl..n t Ww-OwMV ( / ) Towne
31
rip
N 39 M111en 1yCNRrr MINK Ind
EtIan IL TOM * 11
TNDCCE $ x•12 u w Song the NOM line e1 We add forV.set
On.-Ou.rt.r 041/4) .f $ntIsn I1. • /steno. of 11748 hit W
the NOMveat caner of the sold Cast 20 one N the Nert Sal
On.-.q»ror (NCI/4) .f IM No fM.ut On.-Ouert.r (14c1/4)i
THENCE $ 0001.23 W .Ions to west Inc .f the add Cert 20 Orae.
• lawns of 1323.33 feat, to a Mint In We South One el the
sold Northeast One -Oester (N31/4) N tea Nellesst Ore-Od.rtre
(NE 1/4), said Pont as Ming the Northwnt senior of smite.
I4 awd aARAN • as reconSed In
Florida; Oent Pigs 714 NAM Rosario
THENCC continuo ere the aeuMoy 0 Seo Seat of S.k.dfal IROI.M.
Nit 1. the fs*alne courses end awns
Mea senttnu. S 00 01.24' W • Mono of 130.11 feet to •paint Mr
o evne concave to to Southwest hating • noon of 43$.14 f tea
nofwhich..h bee N 1320.11' w•
CL waiters N.M We ars of seal sans. • /M1er s of 70.30 fest
II=• $anted fl N 011,1011,14•411. 111414,11111114.111414,111111eW PMR.• k.vMerf1
1NWC 00'01.2x' E • •sterno. N HA hats
RIM( $ 1199402' IN • flumes of 711 Hit Nears or less. N tie
C..ory p
Mors flips el SsMrrersn last11iOiCC N.rthwntu y. wa.tely. 191611ifW. $s,M.s.ts' fl.
W. one S.vn
th y r.neer the weirs spa a 5SI%llfSre Law. • dlns ass
•t 1147 fut. rain. re Meal to that South Ie .f We sold Southeast
One -Castor (flh/4) N to NarlwMt On-OuerM► (HCl 4� )
TIC= 1 11•139$ 1I •Mrp that e 1b meld Ssuth Iof Wass
Onrawirlior
(SC1/4) N the Northeast On-Owrter (NC1/4) • Nana N 17.1 est. Nine or
Mot, to tea Seuthn.t saner of the no lovleest On.-OuSMY (1(1/4) N IS
Netheaot On. -Ove is (NCI/4 i
114171Cc N 07011.1.w NNp west Ie of N sold Leel On -Nell (c1/2) of
the Norlfnest On-Ovsrte (HC1/1). a anent* d 2113.47 hs/ M WS •oreaaW
Nos One N Me nrth.nut On-OuSrter (NEL/4k
mit FI 10 E ales Wo sad NSM IM • SMunS SI Q7.11 lest to the
POI
DESCRIPTION OF
LEASE PARCEL (NEXTEL)
A won N IoM Mrs the Southnd Ono -Quintin (S[1/4) .f IM
Nathn.t Ore-Oearter (NE /4) of Section 1e. Township 3t Sona.
Rap. 34 East. Min Near County, norm.. ssld areal bang
Neer. Mrtlaio y bseid n Wawa
COYYENCINO .1 11h. $.uthw.st teener of Nwn
.old Ssvth..O-Ows'
((�Wg/4) N We NgrTesM
l4 Q•19ngVufw (NCI/4) N e .Usn 11,
Sni•Ot4tived
NW LW:
hof Ilio NONA OnMI aOwMof (41Oat of WO /4) •
nano 1 worts' c • disarm .l 14.110 Mt Y 1M POINT
or Kowloon
TH CNCC ssntbw $ 0111•Nt C. • /Item of 40.00 Inst
THENCE S w0.OS4M w . •isteres N MN Mt
THENCE N Kal•lr if W. Nahum* .f 40.00 Wit
THENCE N WN•44' 1 • tons. of 23.111 feet W the POMP Of
11113:1114WI Moo SWIG M mssn Leet County. I1r1M • MNtdip
9/4 nouns lent. mono or Mn.
i11L7SLRltlll lc pLVy I ASI'M I342A11ITEISC.00C
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DESCRIPTION OF PREMISES
to the Site License dated 199*, by and between ATRT WIRELESS SERVICES OF FLORIDA, INC., a
; ';< Florida corpontlon„ u Licensor, and NEXTEL SOUTH CORP., a Dent oorponsion, sr Lfoeuu.
The Prime an described and/or depicted u fotiorn:
I IJSI RS'\SiflLI)lNI F, $Ii\ I$9:A%SIThISC.1)UC
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Mkt: Ft Lauderdale
Site FL -1592-A
Site Name:Sebastian
EXHIBIT 3
MEMORANDUM OF LICENSE AGREEMENT
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Sebastian
to the Site License dated 1991, by and between AT&T WIRELESS SERVICES OF FLORIDA, INC, a
Florida corporation„ Liana, Llaa, and NEXTEL SOUTH CORP., a Nona aapmnioa, ss Licensee.1. Licensor and Licensee enteredinto a Site License Agreement ("Agreement" on the_ day of
1998, lir die purpose of installing, opasting and communications a radio couniations facility end other itnprovemaits. All
of the foregoing is set forth in the Agreement
2. The arm of the Agreement is for V yeascanoeing ca ncing on 1991 and ending on
massive four (4) sive five (5) yearoptions to renew. If all options ro renew an aerated, the term of this Agreement
will expire twenty-two (22) years afterthe Commencement Date (a defined in the Agreement).
3. The Land which is the subject of the Agreement is dneribd in Exhibit A sited hereto. That portion of the Land being leered to
Licensee ("Premises") b dserfbed in Exhibit 13 annexed hereto.
M WITNESS WHEREOF, the partite have executed this Memorandum of Agreement as of the day and year first above written.
L)CONIORt
AT&T WIRELESS SERVICES OF FLORIDA, a Florida corporation
Signed, sealed and deliveredin the prosaic* of
Ey:
Witney
Prim Name. Print Name:Title:
Witness
Print Name:
STATE OF FLORIDA
Date.
COUNTY OF
The foregoing instrument was acknowledged beforeme this day of . 1998, by
as of AT&T Wireless Services of Florida, a Plaids corporation, who is personally known to me or who has
produced as identification and who did (did not) take an oath.
WITNESS my hand and offtcW seal
Notary Public
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Print Name
My commission expires:
SIGNATURES CONTINUED ON FOLLOWING PAGE
EILVSSIT&DEVILEASESU 392AISITELSC.DOC
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The foregoing instrument wu acknowledged before me this day of 1998, by Jobs Caere, u
Regional Vice President of Engineering of Reseal South Corp.. a Georgia corporation, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
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t111SERSISITE DEVit. EASES11392As3,TELSC. DOC �)
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Mkt: Ft Landedals
Situ Na: !41592-A IROS
SIN Name Sebastian Sebastian
LXHIEIT 4
PRIMZ LEASE
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N dm SIN Ucunn dsS 1995, by and bone AT&T WIRELESS SERVICES OR FLORIDA, Rt, a
Florida corporation,. as Lianssr. and NEXTEL SOUTH CORP, a Osorgla angst" as Liansss.
Tits Primo Las is aaasMd Sato as Exhibit 4 Papa I through It
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Mkt.: Ft. Lauderdale
Site No.: FL -1592-A
Site Name: Sebastian
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Sebesian
EXHIBIT 4
{,EASE, CREEM!NT
This Agreement made tilts SMC day of ''4"r 19'
between the COUNTY OF INDLAN RIVER, a.political subdivision of the
State of Florida, whose address Ls 1840 25th Street, Vero Beach,
Florida, 32960, hereinafter designated COUNTY, and TALCOM, INC., a
Florida Partnership with offices at 1920 Corporate Drive, Boynton
Beach, FL 33426, hereinafter designated as TENANT.
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RECITALS:
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COUNTY is the owner of certain real property located in Indian
River County, Stats of Florida, and MART desires to lease a
portion of said real property, together with a fifteen foot (15')
wide right of way for access thereto (said leased parcel and right
of way hereinafter called "property"). The Property is more
specifically described on•Exhibit "A' attached hereto and made a
part hereof.
NOW, THEREFORE, in consideration of the mutual covenants set
forth in this Agreement, COUNTY hereby grants to TENANT the right
to lease said Property, including a right of way for access
t hereto, for the term and in accordance with the covenants and
conditions set forth herein.
1. Leased Premises: COUNTY hereby leases to TENANT and
TENANT leases from COUNTY the property, together with the
nonexclusive right for ingress and egress, seven (7) days a week,
twenty-four (24) hours a day, on foot or motor vehicle, including
trucks, and for the installation and maintenance of utility wires,
cables, conduits and pipes over, under or along a fifteen foot
(15') wide right of way extending from the nearest public right of
way to the Property.
2. Timm: This Agreement shall be for an initial term of
five (5) years commencing upon COUNTY.' recespt of written
notification by TENANT advising‘COUNTY that TENANT has received all
approvals, permits, consents or orders necessary to use the
P roperty by TENANT as contemplated herein. TENANT shall have the
✓ ight to extend this Lease for four additional five (5) year terms
and such extension(s) shall automatically occur unless TENANT
provides COUNTY with written notice of acs intent not to extend
t his Agreement, no later than six (6) months prior to the
t ermsnatson of the then current term If, at the end of the fourth
five (5) year extension term, this Agreement has not Deen
tineminatad by either party pursuant to the terms of this Agreement,
t his Agreermmnt shall continue in force upon the same covenant',
t erms and conditions set forth in this Agreement. for an additional
t erm of one (l) year and for annual terms thereafter until
t erminated by either party upon giving the other patty written
n otice of its intent to terminate at least six months prior to the
e nd of such teem.
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Mkt.: Ft. Lauderdale
Site No.: FL -1592•A
Site Namr. Sebastian
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Sebastian
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3. Consideration: The patties acknowledge and agree that as
consideration for COUNTY granting to TENANT the tights set forth in
this Agreement, the parties agree as follo`►s:
a. As a one-time lump sum rental fee, TENANT, at its
expense, shall arrange for the construction of a 214' free standing
telecommunication tower to be located on or about the Property
(Tower") and to arrange for the construction of a fres standing
1,000 square foot equipment shelter, in which each party may house
its telecommunication equipment ("Equipment Building").
b. As consideration for TENANT making such lump sum
rsntal,fss payment and !or arranging Lor the construction o! the
Tower and Equipment Building, and In additionto the eights granted
herein to TENANT, COUNTY shall pay to TENANT as a contribution to
the construction costs of the Tower and Equipment Building, a lump
sum payment in the amount of 530,000 payable within thirty (30)
days of final approval and permits for construction.
4.
a. TENANT shall have the right to use the Property for
the purpose of constructing, operating, maintaining and occupying
the Tower and the Equipment Building as deemed necessary by TENANT
in the operation and maintenance of its business, which shall
include, but not be limited to, the transmission and reception of
radio communication signals in any and all frequencies. TENANT
shall have the right to place on or about the Tower any and all
telecommunications equipment and attendant facilities deemed
necessary by TENANT in the operation and conduct of its business.
The parties acknowledge and agree that TENANT is designing and
constructing the Tower in order for. the Tower to accommodate and tc
have the structural and design capacity necessary to support
additional facilities TENANT may desire to place on the Tower
during the term of this Agreement, as more particularly describer
in Exhibit "D" attached hereto.
b. In addition to TENANT'S facilities located on or
about the Tower, COUNTY shall have the exclusive right to locate or
the top 30 feet and the non-exclusive right to locate on the Towel
certain antennas and cables to be used for public service
communication purposes by COUNTY, the location and description of
which are more particularly identified in Exhibit "C" attacher
hereto.
TENANT covenants that the Tower will be dssiyynsd tc
accommodate the facilities identified in Exhibit "C". Priortt
finalizing the tower design, COUNTY will be given the opportunit
to review the Tower design to determine that it meets the design;
and structural standards necessary to accommodate the facilitist8
identified in Exhibit "C".
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Mkt: Ft. Lauderdale
Site No.: FL -1592-A
Site Name•. Sebastian
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COUNTY must provide 30 -day written notice to TENANT before it
may modify, alter oc change. the facilities identified in Exhibit
"C" and/or prior to placing. modifying, altering or changing any
additional facilities other than that which 1s described in Exhibit
"C" on or about the Tower; COUNTY'S notice must describe the
proposed modifications, alterations, changes and facilities. Prior
to making any modification, alteration, change or addition to the
facilities described in Exhibit "C", COUNTY must have performed and
delivered to TENANT a structural analysis of the Tower. The
structural analysis must consider TENANT'S future facilities
identified on Exhibit "0" and COUNTY's proposed modifications,
alternations, changes and additions. The purpose of the structural
analysis is to allow TENANT to determine whether such modification,
alteration, change or additional facility or facilities will affect
the structural integrity of the Tower or affect TENANT** ability to
place additional facilities on the Tower. If TENA$T determines
t hat such additional facilities or such modifications, alterations
o r changes would affect the structural integrity of the Tower or
affect TENANT'S future use of and placement of additional
facilities on the Tower, COUNTY shall take whatever action
necessary, in cooperation with TENANT, to eliminate such effects.
In no event may COUNTY'* modification, alteration, change or
addition to the facilities identified in Exhibit "C" interfere with
o r affect TENANT'S ability or desire to construct additional
facilities on the Tower to accommodate TENANT'S increased customer
demands and/or technological requirements. COUNTY shall be
responsible for all costs associated with preparing such an
analysis and the costs, if any, of making any changes,
modifications or alterations to the Tower necessary to accommodate
COUNTY'S proposed modification, alteration, change or addition to
its facilities.
Any and all facilities placed on or any modifications to such
facilities located on or about the Tower by COUNTY shall be
purchased, installed and maintained by such party, at its expense.
The installation, repair, alteration and/or maintenance of COUNTY's
equipment shall be performed only by contractors or subcontractors
who ars qualified to perform such work in a manner consistent with
TENANT's construction and maintenance standards. COUNTY must
arrange for its contractor or subcontractor to include TENANT as an
additional insured under their Comprehensive General Liability
Policy in an aggregate amount of five million dollars. Prior to
commencing such construction [elated activity, COUNTY must provide
TENANT with a Certificate of insurance evidencing such coverage and
Including TENANT as an additional insured,
c. TENANT shall have the eight to occupy certain floor space
within the Equipment Building and shall have the right to place
within such area, telecommunications equipment and attendant
facilities necessary to the operation and maintenance of TENANT'S
business. COUNTY shall have the right to occupy up to 700 square
feet of floor space locates in the Equipment Building for the
purpose of housing its telecommunication facilities.
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Mkt.: ft. Lauderdale
Site No.: FL -1592•A
She Name: Sebastian
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d. COUNTY grants to TENANT the right to use COUNTY's
land which is located adjacent to or adjoining the Property, as is
reasonably necessary in order to construct, install, repair and
operate the Tower and Equipment Building.
e. TENANT may construct and maintain, at its expense,
a security fence consisting of chain link construction or similar
but comparable
construction such fencesrial does along
obstthe ructoreter of the
the access
Property,, provided
easement.
5. Interference
The parties musuaLly agree not to cause any interference with
another party's teleaeamunieatieas facilities or equipment or
another party's use of the Tower or Equipment euililinq. If any
party causes an interference with any other party's tele-
communication facilities, equipment or any other party's use of the
Tower or Equipment Building, the interfering party will take all
steps necessary to correct and eliminate such interference at its
sole cost: A party will be deemed the 'interfering party if it
introduces any activity or change, modification or addition to its
telecommunication facilities, equipment, or its use of the Tower or
Equipment Building that interferes with another party's existing
telecommunication facilities or equipment or any other party's then
current use of the Tower or Equipment Building. The parties
acknowledge and agree that time is of the essence.
6. Improvements and Utilities:
a. During the term of this Agreement, all right, title
and interest in and to the Tower Equipment Building and all of
TENANT's telecommunications equipment and attendant facilities
located thereon or therein shall remain the property of the TENANT.
b. COUNTY shall cooperate with TENANT in TENANT'. effort
to obtain utility services to the Property by executing such
documents or easements as may be required by the serving utility
company(.). If any utility is unable to locateutilities within
the Property, COUNTY hereby agrees to grant to TENANT or such
utility, at no cost of TENANT, an alternative right of way or
utility easement.
c. TENANT shall separately meter the charges for the
consumption of electricity for power and/or lighting associated
with it• use and shall pay all costs associated therewith. COUNTY
shall be respunsibls for the payment of all utility charges
incurred in tha operation of its telecommunication facilities anc
its occupancy of the Tower and Equipment Building.
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Site No.: F -1392•A IRO!
Site Name. Sebsuiat Sebastian
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7. Site Platt: The patties hereby acknowledge that Exhibit
' A' describes a parent tract of land. The .parties agree that
TENANT shall have the right to have the Property surveyed for the
purposes of preparing a site plan and identifying that portion of
the property upon which the Tower and Equipment Building shall be
constructed. Upon compietion.of the survey.; the legal description
described therein shall be attached to this Agreement as Exhibit
o B' and shall bs deemed to bs an accurate description of the
Property as such term is defined and used herein. Ths cost of
preparing such a survey shall be borne by. the TENANT.
T inatlonl The TENANT shall have the right to
terminate this Agreement !ft
a. TENANT fails to receive, obtain and/or maintain any
consent, permit or approval of any entity necessary for TENANT to
operate its business and/or to use the Property, Tower or Equipment
Building as contemplated herein;
b. TENANT no longer desires, as determined in its sole
discretion, to use or occupy the Property, the Tower and/or
Equipment Building; or
c. The condition of the Property, the Tower and/or
Equipment Building is deemed unsatisfactory to TENANT, as
determined in its sole discretion.
TENANT shall advise COUNTY of its intent to terminate by
giving COUNTY written notice of termination, setting forth the
effective date of such termination, to be delivered by certified
mail, return receipt requested. Upon such termination, TENANT
shall be relieved of any and all obligations under this Agreement
and shall return the Property to COUNTY in accordance with
paragraph 14 below.
9. Approvals. Permits or.Consents: COUNTY shall cooperate
with and assist TENANT in obtaining any and all approvals, permits
or consents necessary for TENANT to use the Property, Tower and
Equipment Building as contemplated herein, which shall include but..
not be limited to, executing instruments and appearing at hearings
concerning such approvals, permits and consents. TENANT shalt bs
✓ esponsible for any costs. incurred by COUNTY in connection with `=
obtaining such approvals.
10. VaLetianane t Cash party shall maintain, at its expense,
e ach patty s respectkve telecommunication facilities located on Of
about the Property, the Tower and the Equipment Building. Each
party shall be responsible for maintaining chat portion of the
floor space of the Equipment Building occupied by such party..„,,
TENANT shall bs responsible, during the effective period of this c
Agreement', for mat.ntaininq the Tower and the common areas of the
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Mkt.: Ft. Lauderdale
Sit,No.: FL•1592•A
Site Name: Sebastian
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11. Indemnit:ies:
a. TENANT shall indemnify and hold COUNTY harmless
against any claims of liability or Loss from personal injury or
property damage resulting solely from or arising solely out of the
use or occupancy of the Property by the TENANT, its servants or
agents;
b. To the extent that there is a waiver of sovereign
immunity for the state or subdivisions of the state in tort actions
pursuant to sections 768.28 (Florida Statutes), and to the extent
allowed by state law, COUNTY shall indsmnify and hold TENANT
harmless against any alalms of liability orloss 01 personal
injury, property damage, including attorneys' lees an costs,
resulting from or arising out of the use and occupancy of the
P roperty by the COUNTY, its servants and agents. •
c. If COUNTY allows any other party (limited to county
o rganizations) to occupy and maintain telecommunication facilities
o n or about the Tower in accordance with this Agreement. COUNTY
shall require such party to indemnify TENANT for any claims,
losses, attorney's fees and costs arising out of 'or in connection
with such party's•use of the Tower.
12. jnsurance:
a. TENANT shall maintain Commercial General Liability
insurance in the amount of one million dollars and include COUNTY
as an additional insured on such policy or policies.
b. TENANT agrees that COUNTY may self -insure against
any loss or damage which could bs covered by a Commercial General
Public Liability Insurance Policy.
c. No party shall bs Liable to another party (or their
successors or assigns) for any loss or damags.caussd by fire or any.
other risks enumerated in a standard "all risk' insurance policy
and, in the event of such incurred loss, no party's insurance
company shall have a subrogated claim against the other.
13. Taxes: TENANT shall pay any personal property taxes and
all other fees and assessments assessed on, or any portion of such
t axes attributable to, its telecommunication facility located on or
about the Tower or Equipment Building. COUNTY shall pay when due,
all reel property taxes attributable to the Property. However,
TENANT shall pay any increase In real property taxes levied agatnen
t he Property which Ls directly attributable tc. TENANT'S; use of the
Property and COUNTY agrees to `.urnich proof of such increase to
TENANT.
la. surrender of Prooerty: Upon termination of this.
Agreement, TENANT shall. wLChin a reasonable period, remove all of
►ts personal property, Lnclud►nq but not limited to its=.
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Mkt: Ft. Lauderdale
Site No.: FL•1392-A
Site Name: Sebastian
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Sebastian
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telecommunication facilities located on or about. the Tower and/or
Equipment Building and all right, title and interest in and to the
Tower and the Equipment Building shall vest in and become the
property of COUNTY. Ln removing its personal property, TENANT must
leave the Tower and Equipment Building in the condition that
existed upon termination of this Agreement, subject to normal wear
and tear.
1S. Transfer of Tit14. Ouiet tnlovment and Access to the
property: COUNTY warrants that it has valid leasehold to the
Property and has the right to execute this Agreement and agrees
that TENANT shall, subject to the terms and conditions of this
Agreement, have the peaceable and quiet enjoyment and possession of
the Property without any interference or hindrance from COUNTY or
any persons lawfully claiming by, through or under COUNTY. COUNTY
further covenants that there are no liens, judgments, impediments
of title or any third party claims to,.against or concerning the
Property.
16. Subordination: This Agreement shall not be subordinate
to any mortgage entered into by COUNTY which, from time to time,
may encumber all or any portion of the Property or right of way
unless such mortgagee recognizes the validity of this Agreement and
enters into a non -disturbance and attornment agreement with TENANT,
in a form acceptable to TENANT, pursuant to which TENANT shall have
the right to remain in occupance of and have access to the Property
in the event COUNTY's interest in the property is foreclosed. The
parties acknowledge and agree that all instruments necessary to
evidence subordination and the non -disturbance and attornment
agreement shall be executed in a timely manner and in recordable
form.
17. Condemnation: If a condemning authority takes all of the
Property or any portion sufficient, in TEZNANT's sole determination,
to render the Property, the Tower and/or Equipment Building
unsuitable for the use which TENANT was then making of the
Property, the Tower and/or the Equipment Building, this Agreement
shall terminate as of the date that title vests in the condemning
authority The parties shall be entitled to share in the
condemnation proceeds in proportion to the values of their
respective interest in the Property as such interest exists
immediately prior to the termination of this Agreement (which for
TENANT shall include, where applicable, the value of its
t elecommunication facilities, the Tower and the Equipment Building,
moving expenses, prepaid rent and business dislocation expenses)
the flake of ail or part of the Property to a purehassr with the
pewter at eminent domain in the face of the exercise of such power,
shall be treated as a taking by condemnation. EC all of the
Property or any portion thereof is condemned by any legally
constituted authority for any public use or purpose and TENANT'S
ability to use the Property an accordance with the terms set forth
h erein is impaired. then this Agreement shall cease from the time
t hat such condemning authority takes possession of the Property.,
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Mkt.: Ft. Laudable IR09
Site No.: FL -1592-A Sebastian
Name:Sebastian
•
Page $of12
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Nothing In this provision shall be construed to Limit or affect
in
proceed ■ rightivolving award of the taking of nsation TENANT'sn an leaseholds interest
proceeding 9
hereunder
1a. Niseellansous Provisions:
a. it is agreed and understood that this Agreemethe
nt
contains all agreements, promises and understandings between ishs
COUNTY and TENANT and that no verbal or oral agreements, p
or understanding shall be binding upon either the COUNTY or TENANT
Ln any dispute, controversy or proceeding at law, and any addition,
variation or moditioation to this 1► rusmsat ahah� bay t and
Ineffective unless made in writing and signed by t
b. This Agreement and the performance Chi eof shalltbe
e
governed, interpreted, construed and regulated by
State of Florida
C.
This Aqr eement may be sold, assigned, sublet, licensed or transferred, in whole or in part, by TENANT without the
principal, affiliate
company
consent of COUNTY to TENANT s parent company, ppn with which
or subsidiaries of its principal or to any p Y
TENANT is merged or consolidated. As to other parties, this
Agreement may not be sold, assigned, sublet, licensed � _
transferred, in whole or In part, by TENANT without the pr
written consent of COUNTY, which consent shall not be unreasonaby
• withheld; provided, however, cOUNTY's consent shall not be required
if TENANT remains primarily liable for the obligations imposed
hereunder.
COUNTY may not sell, assign, sublet, license or
transfer this Agreement, in part or in whole, to any party without
the prior written consent of TENANT, which stay be withheld in its
sole discretion.
d. All notices hereunder must be in writing and shall
be deemed validly given if sant by certified mai address that return eipt
t
requested, addressed as follows (or anyother
party to be notified may have designated to the sender by like
notice):
.
st
COUNTY: County of fndian River
1840 25th Street
12960
Vero Beach, FT. 2srv�ess Maim, emergsnay
c-6
it.ta7saeisrM"'.111.1P.1
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1!'a s�e�tsRr�ats�.arikelatialegarrain
•
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• • Mkt.: Ft. Lauderdale
Site No.: FL -1592-A
Site Name•. Sebastian
•
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v
1R09
Sebastian
TENANT: Talcom, Inc.
1829 Corporate Delve
Boynton Beach, EL 33426
Attn: James E. Randall
and
Pale 9 of 12
Legal Department
250 Australian Avenue
9th Floor
West Palm Beach, FL 33401
Attni William Higgins, inquire
•
e. This Agreement shall extend to and bind the heirs;,
personal representatives, successors and assigns of the parties
hereto.
f. COUNTY and TENANT agree that this Agreement will be
forwarded for recording or filing in the appropriate office of the
County of Indian River, and COUNTY and TENANT agree to take such
actions as may be necessary to permit such recording or Mint'
•
TENANT, at TENANT'S option and expense, may obtain title insurance;
o n the space leased herein. COUNTY shall cooperate with TENANT!,.
e fforts to obtain such title insurance by executing documents or:
at COUNTY'S expense,•obtaining requested documentation as required
by the title insurance company. If title is found to be defective,
COUNTY shall use diligent effort Co cute the defects La title.
g. COUNTY hereby waives any and all lien rights it ma?;
have, statutory or otherwise, concerning any of TENANT'S property:
o r improvements or any portion thereof (except for the Tower: and,
Equipment Building), which shall be deemed personal property,fot
t he purposes of this Agreement, regardless of whether or not MO
is deemed real or personal property under applicable laws,. an
COUNTY gives TENANT the right to remove all or any portion of same`,
from time to time in TENANT'S sole discretion without COUNTr
consent.
h. COUNTY represents and warrants to TENANT'-=Jthat
hazardous substances have not been generated, stored or disposedeit
on or about the Property, nor have the saws been transported toil
over the Property. 'Hazardous substance' shall be interpreted,
broadly to mean any substance or material defined or deuignatsd,as
hasardous or toxic wales, hasardous or toxic material, hasardou ,or,
toxic or radioactive substance or other similar tern by cAA
federal, state or local environmental lav, regulation cat..t*4
presently in effect or promulgated in the future, as such lawsem
regulations or rules may be amended from time to time; and it shati
be interpreted to include but roc be limited to any substatCO
which, after release into the environment will and may reasonably
be anticipated to cause sickness. death, oc disease. COUNTY"vll.l°
hold TENANT harmless from and indemnify TENANT against and Trots Sark:
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damage, loss, expense, attorney's lei or liability resulting from
any breach o'f this representation and warranty, to the extent
allowed by law.
i. In connection with any litigation arising
o!
TENANT, out utof
this Agreement, the prevailing party, whether'COUNTT
urred
shall be reasonable attorney's attorneys fees reasonable
for services rendered in
including r proceedings.
connection wocsedi any
nand pose tjudgsas t P °! contract, including
appellate pr
I. In accordance with Florida law, the lollowinq
staeenent is hereby made)
RADON OAS: Radon is a natural occurring radioactive gas
that, when it has accumulated in a building in sufficient
quantities, may present health iso! t'=a�oa that hons oasrs
illd
exposed it over time. regarding radon and
federal and state guidelines have been found in buildings
in Florida.nAdditional
may be obtainedation from your outy public
radon testing may
health unit.
k. The parties will execute two originals and COUNTY
and TENANT shall each retain an original' will not encumber nor
1. TENANT covenants that it i snt
create or grant a security interest in the Tower or Equ pm
Building.
19. COUNTY and TENANT shall be responsible for providing the
items and services as listed on Exhibit E attached.
IN WITNESS WHEREOF, the parties hereto have set their hands and
affixed their respective seals.
Mkt.: Ft. Laudetdaie
She No.: FL•1592•A
Site Name: Sebagian
TALCOM. INC.
A Florida Partnership
MCCAW COMMUNICATIONS OF
FLORIDA,tNC., GENERAL PARTNER:
instrument e4s acknowledged before me this L
199 by Kenneth Q. Macht, Chairman o
Commissioners of Indian River County, Florida
known to me.
Printed Signature:
The lore'oing instrument was acknowlsdq
day of ��� � , 1995, by r"kfN
'of Talcom,
1
e h '
Mkt.: Ft. Lauderdale
Site No.: FL -1592-A
Site Name: Sebastian
INDIAN RIVER NORTH COMMUNICATION TOWER SITE
Commence at the Southwest corner of the St 1/4
Section 18, Township 31 South, Range 39 East, and
along the 40 -acre line, a distance of 978.02 feet
run 8 89.51'166 E. a distance of 150.00 fest
BEGINNING. Then run
Continuing i 89•5l•l6• ` a distance
shoreline of /chumann Lake. Then
distance of 378 fast ± to the shoreline of the said laps. Then raw!,,
Easterly, Northeasterly, and Northwesterly along the meandering
of the shoreline to the end of the first described course herein.
Containing within the above bounds 104,853 square feet _'or,2.414
acres ± lying in Indian River County, Florida. ;, , ':�;;°,
y t;
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Mkt: Pt. Lauderdale
SiteNo.: PL -1592-A
• Site Name: Sebastian
li
setup: Omni, DB810K, Total of Three (3) Omni Antenna, ESMR
alpha face:
beta face:TX: 851— 866 Mhz
gamma face: RX: 806 — 822 Mhz
• ' r. HAUSERSSITEPEMEASES I592AMTELSC DOC
t.naw�a9�!�rRvr
•
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Mkt: Ft. Lauderdale
SiteNo.: FL -1592-A
Site Name Sebastian
ir 1.6
1R09
Sebastian
r
EXHIBIT
OWNER'S CONSENT
to the Site License dated 1 ! tq 3 ,199S, by and between AT&T WIRELESS SERVICES OF FLORIDA, INC.,
Florida corporation, as Licensor, and N S UTH CORP., a Georgia corporation, se Liens.
FOR 000D AND VALUABLE CONSIDERATION (a dented below) PAID BY LICENSEE TO LICENSOR, OWNER
HEREBY AGREES AND CONSENTS TO THE FOREGOING LICENSE AGREEMENT, INCLUDING BUT NOT LIMITED ;>
TO THE USES, RIGHTS-OF-WAY AND OTHER RIGHTS AND RESPONSIBILITIES TIMEREIN GRANTED TO LICENSEE.'
Coasideadon, es used herein, shall mean the followinS: ..
530,000 capital contribution, S1500.00 per month rent paid to AT&T Wireless Services of Florida Inc. and owner receives its
proportionate share of same from AT&T.
Signed, sealed and delivered in the presence of
STATE OF FLORIDA
COUNTY OF /ND/4QJ R / VEat
••
BOARD OF COUNTY COMMISSIONERS COUNTY OF
INDIAN ! Malau eitapf the State of Florida
•
By:
W. Tia
Title: chairman
Date: ?/t/93"
•
The foregoing instrument was acknowledged before me Mb T day of Q1.10UST , 1998, by John W. TIppin,
Chaimtm of The Board of County Commissioner, who is personally known to me or who has produced _ ``t
Pram is) al TO no as identification end who dW (did sot) aka an oadt
WITNBS$ my hand and omcIaIn&.
Notary ublic
RCrA /11. 3nn s n,
Print Name
My commission expires: eiSr aacd
min nw&wrraern mw,
�j jj Cambria No. new ht. amide
Nan Public, km of i9
rank` My Commissiongq. 09444000
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