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HomeMy WebLinkAbout1990-142• LEASE AGREEMENT This Agreement, made this 14th day of August 1990 between Indian River County, (Optionor -Lessor) hereinafter designated LESSOR and BELLSOUTH MOBILITY INC, hereinafter designated TENANT. RECITALS: LESSOR is the owner of approximately 851,400 square feet of certain real property (hereinafter called Property) located in Winter Beach in Indian River County, State of Florida, and TENANT desires to lease a portion of said real property with a right of way for access thereto. 1. LESSOR hereby leases to TENANT that certain parcel of Property (Leased Premises), containing approximately 2,475 square feet, situated in Indian River County, State of Florida, 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 trunks, and for the installation and maintenance of utility wires, Babies, conduits and pipes over, under or along a thirty foot (30') wide right of way extending from the nearest public right of way 65th Street, to the Leased Premises, said Property, Leased Premises and right of way for access being substantially as described herein in Exhibit "A" and as shown enclosed within red lines on Exhibit "A" attached hereto and made a part hereof. LESSOR shall cooperate with TENANT in its effort to obtain utility services along said right by of way by signing such documents or easements as may be required unabledtotusety theompanies. In aforementionedhe event rightofaY public utility is way, the LESSOR hereby agrees to grant an additional right of way either to the TENANT or to the public utility at no cost to the TENANT. 2 LESSOR survey said Property,tland so hthe bley gatol descriptionn onts to TENANT hsaidgsurvey shall then become Exhibit "B", which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "A" Cost for such survey work shall be borne by the TENANT 3. This Agreement shall be for an initial term of five (5) years beginning on the date the Option is exercised by TENANT at an annual rental of Four Thousand Eight Hundred Dollars ($4800.00) to be paid in equal monthly installments on the first day of the month, in advance, to Indian River County, Florida or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. 44 TENANT shall have tho option to extend this lease for four (4) additional five (5) year terms by giving the LESSOR written notice of its intention to do so at least six (6) months prior to the end of the then current term. 5 The annual rental for the first (1st) five (5) year extension term shall be increased to Five Thousand Five Hundred Twenty Dollars (;5520.00), the second (2nd) five (5) year extension term shall be increased to Six Thousand Three Hundred Forty Eight Dollars ($6348.00), the third (3rd) five (5) year extension term shall be increased to Seven Thousand Three Hundred Dollars ($7300.00), and the fourth (4th) five (5) year extension term shall be increased to Eight Thousand Three Hundred Ninety Five Dollars ($8395.00) • • LR 4o;.r.nGo.;m*TPi�1;re*ir i:kW aiilIVO :r ‘144Prira, aOgar: 6 If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of such term. Monthly rental for this period shall be equal to the rent paid for the last month of the fourth (4th) five (5) year extension. 7. TENANT shall use the Property for the purpose of constructing, maintaining and operating a Communications Facility and uses incidental thereto, consisting of a building or buildings as necessary now or in the future to shelter telecommunications equipment and related office space, a free standing monopole or three sided antenna structure of sufficient height now or in the future to meet TENANT's telecommunication needs and all necessary connecting appurtenances A security fence consisting of chain link construction or similar but comparable construction may at the option of TENANT be placed around the perimeter of the Property (not including the access easement) All improvements shall be at TENANT's expense. TENANT will maintain the Property in a reasonable condition. It is understood and agreed that TENANT'. ability to use the Property is contingent upon its obtaining after the execution date of this Agreement, all of the certificates, permits and other approvals that may be required by any federal, state or local authorities. LESSOR shall cooperate with TENANT in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by TENANT. LESSOR agrees to sign such papers as required to file applications with the appropriate zoning authority and/or commission for the proper zoning of the Property as required for the use intended by the TENANT. TENANT will perform all other acts and bear expenses associated with the rezoning procedure LESSOR agrees not to register any written or verbal opposition to the rezoning procedures. In the event that any of such applications should be finally rejected or any certificate, permit, license or approval issued to TENANT is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority or soil boring tests or radio frequency propagation tests are found to be unsatisfactory so that TENANT, in its sole discretion, will be unable to use the Property for its intended purposes, TENANT shall have the right to terminate this Agreement Notice of the TENANT's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid to said termination date shall be retained by the LESSOR Upon such termination, this Agreement shall become null and void and all the parties shall have no further obligations, including the payment of money, to each other. 8. TENANT shall indemnify and hold LESSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by the TENANT, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of the LESSOR, or its servants or agents. 9. LESSOR agrees that TENANT may self -insure against any loss or damage which could be covered by a comprehensive general public liability insurance policy. r • • • • :er 10 TENANT will be responsible for making any necessary returns for and paying any and all property taxes separately levied or assessed against its improvements on the Property TENANT shall reimburse LESSOR as additional rent forany increase in real estate taxes levied against the leased Property which are directly attributable to the improvements constructed by TENANT and are not separately levied or assessed against TENANT's improvements by the taxing authorities. 11 TENANT upon termination of this Agreement, shall, within a reasonable period, remove its personal property and fixtures and restore the Property to its original above grade condition, reasonable wear and tear excepted. At LESSOR's option when this Agreement is terminated and upon LESSOR's advance written notice to TENANT, TENANT will leave the foundation and security fence to become property of LESSOR. If such time for removal causes TENANT to remain on the Property after termination of this Agreement, TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of personal property and fixtures are completed. 12. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Leased Premises to a purchaser other than TENANT, such sale shall be under and subject to this Loaso Agroomont and TENANT's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right of way or easements herein granted shall be under and subject to the right of the TENANT in and to such right of way or easements. LESSOR agrees not to sell, lease or use any other areas of the Property for the placement of other communications facilities if, in TENANT'S sole judgment, such installation would interfere with the facilities in use by TENANT. 13 LESSOR covenants that TENANT, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Property. 14. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property. 15 It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or TENANT in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the parties. 16. This Lease Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. 17. This lease may not be sold, subleased, assigned or transferred at any time except to TENANT's principal, affiliates or subsidiaries of its principal or to any company upon which TENANT is merged or consolidated. TENANT also reserves the right to provide tower space for public service communications such as police and fire departments, ambulances, etc. As to other parties, this Lease may not be sold, subleased, assigned or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. • • • • 18. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): TENANT: BellSouth Mobility Inc 500 Cypress Creek West Suite 700 Fort Lauderdale, Florida 33309 Attn: Manager Real Estate LESSOR: Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32960 19. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 20. At LESSOR's option, this Agreement shall be subordinate to any mortgage by LESSOR which from time to time may encumber all or part of the Property or right of way; provided, however, every such mortgage shall recognize the validity of the Agreement in the event of a foreclosure of LESSOR'' interest and also TENANT," right to remain in occupancy of and have access to the Property as long as Tenant is not in default of this Agreement. TENANT shall execute in a timely manner whatever instruments as may reasonably be required to evidence this subordination clause. In the event the leased Property is encumbered by a mortgage, the LESSOR, no later than ten (10) days after this lease is exercised, shall have obtained and furnished to TENANT a non -disturbance instrument in recordable form for each such mortgage. At TENANT's option, should LESSOR fail to provide such instrument within the specified time period, TENANT may withhold and accrue the monthly rental until such time as the non -disturbance agreement(s) is received. 21. If the whole of the Leased Premises, right of way or easements or such portion thereof as will make the premises unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between LESSOR and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of LESSOR and TENANT hereunder Nothing in this provision shall be construed to limit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT's leasehold interest hereunder. 22 TENANT, at TENANT'S option may erect either a self supporting tower or a guyed tower suitable for his proposed use. Should TENANT choose to erect a guyed tower, LESSOR grants TENANT easements for the purpose of anchoring and mounting guy wires extending from TENANT's tower. Said easement shall extend three hundred and fifteen feet (315') in all directions from the Leased Premises. 23. LESSOR grants that TENANT has the following rights: A. Twenty-four hour, seven day a week right of ingress and egress to said guy anchors for the purposes of maintenance, inspection, and installation to insure the proper inatalation and operation of the TENANT'' facility. Such inspection, maintenance and installation shall be TENANT's sole responsibility and all such costs shall be borne by TENANT. B. The right to clear all trees, undergrowth, or other obstructions and to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees and limbs which may interfere with or fall upon TENANT'' tower or tower's guy wires. 144:00. ,?pert'. •I .4• • • IN WITNESS WHEREOF, the parties hereto have set their handsand affixed their respective seals the day and year first above written. Signed, sealed and delivered in the presence of: LESSOR: BOARD OF COUNTY COMMISSIONERS By CHAIRP. Executed on /Q day of , 19 9S Swor n subscribed b?fore me this 19 `f() /,`47 day of SNOT Y PUBLIC My commission expires: Signed, sealed and delivered in the presence of: WITNESS • TENANT:EL SO O=ILI `INC 22 Y6 w .3 ; 4 �./�,. tµ' n Rxecuted on v O c�a �o£'�� 1 T, 1,lF�� 1 + i11� ;r Sworn to and subscribed before me this 19f NOTARY PUBL4C DL01.4% day of • My commission expires:• Merl Mk rr:►oW} , 11011 flyer Ca Admin. L,n I i.1; Hlsk Mgr. u f tamokomstrom PRODUCER Marsh i McLennan Incorporated 3400 Georgia-Pacific Center P.O. Box 105008 Atlanta, GA 30348 INSURED BELLSOUTH CORPORATION INCL. BELLSOUTH MOBILITY INC ROOM 13005 1155 PEACHTREE STREET, NE ATLANTA, GA 30367-6000 sI)))I i:?&sa'si'si'ssis)i.))i'siii>.».'s3i>+i:'ri;:s� ISSUE DATE (IAM/OO/YY) 9/19/90 11113 CERTIFICATE 121 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIF CATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI8 CERTIFICATE MAY PE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SYTHE POLIOIES DOOM HEREIN 11 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OP SUCH POLICIES, LIMITS SHOWN MAY HAVE SEEN REDUCED EY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE )IAM/DO/YY) POLICY EXPIRATION DATE (MM/OD/YY) ALL OMITS )113210.W129 GENERAL LIABILITY COMMERCIAL GENERAL UASILTTY CLAIMS MADEn OCCUR. OWNERS & CONTRACTORS PROT. 2OCLR P37904E 10/15/89 10/15/90 GENERAL AGGREGATE PRODUCTS-COMP/OPS AGGREGATE PERSONAL A ADVERTISING IFUURY MOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED ALTOS GARAGE UABIUTY EXCESS UABIUTY FIRE DAMAGE (My on. Iln) MEDICALEXPENBE (My on. p.non) COMBINED SINGLE UNIT BODILY INJURY (P« person) BODILY INJURY IP.I MICIG.nt PROPERTY DAMAGE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' UABILJTY (DISEASE— EACH EMPLOYEE) DESCRIPTION Of OPERATIONS/LOCATIONS/VENIC W /RESTRIC7IONI/SPECIAL ITEMS CERTIFICATE HOLDER IS AN ADDITIONAL INSURED AN RESPECTS PREMISES LEASED EY THE NAMED INSURED, LOCATION OF PREM/SES • WINTER BEACH, FLORIDA REVISED EMI 030 AMAIIMACMAWAAPW INDIAN RIVER COUNTY 1840 25TH STREET VERO BEACH, FL 32960 AOWA! iflIOM *e k r �l ` au i.> 3 raaal?r 4 AO a, M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO AWL _10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND Ia1 HE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT r r (�H� v ys.. 's. 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