HomeMy WebLinkAbout1997-209•
•
•N„tat I
tit •
•
•
TOWER AND GROUND SPACE LEASe
Site: EMS Station
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
es/97
91-201
Indian River County Board of County Commissioners, hereinafter called *Lessor, and PrlmeCo
Personal Communications, L.P., a Delaware Nmited partnership, hereinafter called 'Lessees, agree 0
follows:
1. In consideration of the mutual covenants stated herein, the Lessor doss hereby grant permission to
the Lessee to Install and operate radio communication equipment on Lessors property at 18” Street and
17" Avenue (more specifically described on the attached Exhibit' W.
2. The antenna shaft be Installed upon the tower located at Latitude 27' degrees 38' minutes 00' seconds
North and Longitude 80' degrees 24' minutes 14' seconds West, at a height of 150' fest above ground
level. Flexible coaxial transmission lines shaft be installed between the antenna and the radio equipment.
Such coaxial lines shaft be firmly anchored to the tower. Radio communications equipment consisting of
transmitter, receiver and accessories, including a back-up generator, shall be installed M the tower
equipment shed located at the base of the tower, Lessee shah have the right to occupy not mon than 626
square het of floor space for Installation of such equipment Committed tower utilisation epee, Including
protective clearance above and below the antenna(s) shall not exceed 140' to 180' feet
3.n The totm of the se and the Lessee's obligation to pay rent shall commence on the ay of
ML4 A a err 19 ff The term of this lease shall be fire (5) year(s) commencing on the date this baa
is ex ted (the 'Commencement Date) and shaft automatically be extended for four (4) additional five
(5) year extension terms thereafter unless within 90 days prior to the expiration of the term thereof, or any
renewal under this provision, Lessee shaft notify in writing that it does not desire to have the lease
renewed. The Lessor reserves the right to terminate this leap upon 180 days prior written notice by
Lessor to Lessee that the property Is needed for an overriding public purpose as determined In the sole
discretion of Lessor, provided, however, that the lease of the property to a third party for commercial
purposes shall not be considered an overriding public purpose.
4. Lessee Defaults:
A The occurrence of any one or more of the following events shell constitute an 'Event of
Default' hereunder by Lessee;
1. The Valium by Lessee to make any payment of rent or any other payment required to
be made by Lessee hereunder, as and when due, where such failure shaft continue
fora period of twenty (20) days after written notice thereof Is received by Lessee from
Lessor.
2. The failure by Lessee b observe or perform any of the covenants of provisions of this
Lease to be observed or performed by Lessee, other than as specified In Paragraph
4.A(1), where such failure shalt continue for a period of thirty (30) days after written
notice thereof Is received by Lessee from Lessor, provided, however, that It shall not
be deemed an Event of Default by Lessee If Lessee shall commence to cure such
failure within said thirty (30) day period and thereafter diligently prosecutes such cure
to completion within ninety (90) days, union "Milan extension ie granted by Lessor,
B. The Lessee abandons the premises or uses the premises for any unauthorized purpose.
indite River County EMS Tower - 62715 t
1
`�•+\ '•amici► r_4w.! If/dMioi�lreel�.M�idFAr►.!•
*vt.woalli a .a.r•-•r ts—` a wa�i�.ee Kirr'.+oriwrwry�+:
4
1
4.
• 4*
sr
r4
•
•
•N
,
a•
•
C. If there occurs an Event of Default by Lessee, kr addition to any other remedies available to
Lessor at law or In equity, Lessor shall have Vie option to terminate this Lease and ail rights of
Lessee hereunder.
6. Lessor shall have the right to %m male this lease upon 80 days written notice It
A Lessee defaults hereunder n described under Paragraph 4;
B. The tower is wholly or partially destroyed from any cause and cannot be reasonably repaired.
8. The Lessee may terminale this lease upon 60 days written notice to Lessor if any of the following
occurs.
A Lessee determines, In Its sole discretion, that k will be unable to obtain all necessary
Governmental Approvals for Lessee's Intended use of and Improvements to the Property
desired by Lessee; or
B. Lessee's application for any Governmental Approvals necessary for Lessee's use of the
Property and Improvements desired by Lessee Is denied; or
C. any Governmental Approvals necessary for Lessee's use of the Property and/or
Improvements to the Property, whether now or hereafter desired by Lessee, are canceled,
expired, lapsed or are otherwise withdrawn, terminated or denied so that Lessee, In its
reasonable judgment, determines that It will no longer be able to use the Property for Lessee's
intended use; or
D. the Federal Communications Commission allocates the frequencies at which Lessee may
operate Its antennas and equipment and may from time to time change such frequencies.
My changes of thls nature that, in Lessee's reasonable judgment, renders Its operation of a
wireless communications facility at the Property obsolete; or
E. if Lessee determines that the Property has become unsuitable for Lessee's operations due to
changes In system or network design or in the types of equipment used in such operations of
Lessee's operations at the Property become unprofitable.
F. Any termination notice rendered by Lessee pursuant to thls Paragraph shall cause this Lease
to expire with the same force and effect as though the data set froth In such notice were the
date originally set as the expiration date of this Lease and the parties shag make an
appropriate adjustment, as of such termination data, with respect to payments due to the
other under this Lease.
7. This lease shall be binding upon the respective parties, their assigns and successors. Except to
Lessee s parent company, Lessee may assign its rights and obligations under this lease ony upon prior
written approval of the Lessor, and such approval shall not be unreasonably withheld
8. Lessee takes the facilities as Is and Lessor does not warrant that the faculty Is sufficient for the use
Intended by Lessee. Any modifications necessary to make the facility usable by the Lessee may only be
made after approval by the Lessor, such approval not to be unreasonably withheld, and shall be made at
the sole expense of the Lessee.
11 A, Lessee shall pay Lessor at 1140 21' Street, Vero leach, Florida 029/0 an annual rental of
Ten Thousand, Eight Hundred Dollar (=10,800.00) payable yearly In advance and due on each and every
anniversary data of the Cornmencement Date during the term of ills lase. On each anniversary of the
Commencement Date during the term, the annual rent shall be increased by four percent (4%).
bdian River County EMS Tower - 62715 2
•
t lraiw.i rw� rr A w fi 1%craaav*: katiota,
r•� , *or •-.r
•
•
,.
-a
•
•
•
•
•
B. In addition to the annual rent described herein, Lessee shall pay Lessor a one time payment
of Ten Thousand Dollars ($10,000.00).
C. Security Deposit By Lessee: Lessee shad deposit with Lessor a refundable security deposit of
Ten Thousand Dollars ($10,000.00) that may be used by Lessor In the event that Lessee breaches this
Lease and such breach causes Lessor to Incur expenses that would have not been Incurred but for
Lessee's breach of this Lease, especially regarding removal of any of Lessee's property from the Leased
Property. Lessor shall be required to maintain the deposit In an Interest bearing account maintained In a
financial Institution insured by the Federal Deposit Insurance Corporation and separate from Lessor's
other funds. Upon the termination or expiration of the Lean, ad Interest that may accrue on the deposit,
shad be added to the deposit amount and returned to Lessee.
10. Lessee shad separately meter all utilities consumed by Lessee. Lessor agrees to cooperate with
Lessee In obtaining and/or maintaining, at no expense to Lessor, such approval, utility services and
easements required for Lessee's proposed use of the Leased Property.
11. During the term of this base, Lessor agrees that Lessee shad have free access to the tower and the
premises on which the tower Is located 24 hours per day, for the purpose of installing, maintaining,
repairing and removing Its equipment
12. The Installation, maintenance, repair and removal of Lessee's equipment shah not damage the
premises or the tower structure or interfere with the maintenance of the Lessor's property.
13. Lessee shall comply with all rules and regulations of the Federal Communisations Commission, and
all other applicable laws and regulations.
14.
A. Lessor warrants and agrees that Lessee, upon paying the rent and performing the covenants
herein provided, shall peaceably and quietly have and enjoy the Property.
B. Lessor hereby grants to Lessee, as a primary Inducement to Lessee's entering Into this
Lease, the first priority right to Instal Its antennas and operate its wireless communications
facility at the Tower. From time to ems Lessor may grant to other entities the right to operate
wireless communications facilities at the Tower and/or the right b Instal antennas M
connection with the operation of such facilities or other communications fadlitles; provided,
however that Lessor shall not allow the operation of such facilities and antennas by other
tenants to interfere with the operation of Lessee's antennas and equipment as It exists at the
time of such other tenant's installation or as It may be modified at any time during the term of
this Lease, as the same may be extended. If any such interference occurs, Lessor agrees to
eliminate or cause the elimination of such Interference with Lessee s operations within a
reasonable time after receipt of Lessee's notice of such Interference and, If necessary, to
cause the interfering party to cease Its operations. If such interference continues for more
than thirty (30) days after Lessee's notice to Lessor with respect to such interference, Lessor
shad require the party causing the Interference to cease using the equipment which is causing
the Interference.
15. Lessor agrees:
A. to maintain the radio tower In good working condition at all times in order that tin Lessee may
have the use of said tower as contemplated herein;
1/1 to maintain the radio tower strictly In accordance with the requirements of the Federal
Communications Commission and all required Governmental rubs and regulation.
EMS Tower -62713 3
s.
•
•
1
t V
e1 '
tail I#
�
y
.j
ial
41 14
1
C
;
1.
r
-s 1
1
•
1
•a
F
I'
IIM
•
•
l
1
1
•
•
•
•
• .•
•
•
18. The Lessee does hereby agree to Indemnify and save the County harmless from any and all claims,
liability, losses and causes of action which may arise out of Lessee's Interest In the leased premises under
this lease agreement or the Lessee's activity on the demised premises. The Lessee shah pay all claims
and losses of any nature whatsoever in connection, therewith, and shall defend all wits, at the County's
request, M the name of the County when applicable, and pay all costs and Judgments which issue
therefrom. The foregoing Mdemnt icatlon shall not apply to claims, lability, losses and puss of action
which arise solely from the negligent or intentional acts of Lessor.
17. The Lessee shah maintain public Nabillty Insurance, naming Indian River County as an additional
insured, with policy limits of no less than S100,000.00 per occurrence and 5300,000.00 aggregate at al
times during the term of this lease. The Lessee shah provide proof of Insurance b the County at the time
this lease is executed, and with each annual rental payment
18. Lessee's equipment shall remain personal to and the property of Lessee. At the termination of this
lease, Lessee shall promptly remove all its equipment, and shall, at Lessee's expense, restore Lessor's
properties to the same condition as they were prior to Lessee's occupancy, normal wear and tar
excepted.
19. All notices hereunder must be M writing and, unless otherwise provided herein, shall be deemed
validly given If sant by certified mag, return receipt requested, addressed n follows (or to any other
mailing address which the party to be notified may designate to the other party by such notice) or as
otherwise provided under applicable state law. Should Lessor or Lessee have a change of address, the
other party shall immediately be notified as provided in this Paragraph of such change. Unless Lessor
otherwise specifies in writing, rent checks from Lessee shall be sent to the person listed to whom notices
are sent
Lessee: primeCo Personal Communications. LP,,
a Delaware limited oartnershio
Address: 777 Yamato Road. Suite 60
$oca Raton. Florida 33431
Attn: Property Manaaer
f5811 995-5500
With a copy to: prImeCo Personal Communications. LP
Attn: Edward WhoII Eso.
Address: 8875 Hidden River Hwy.. Suite 350
Tampa. Florida 33837
Attn: Lecai Deoartment
f8131 815-4840
Lessor. Indian River County Board of County Commissioner%
1840 25" Street
Vero Beach. Florida 32980
AW: Doua Wright
20. Hazardous Substances: Lessor represents and warrants to Lessee that hazardous substances
have not been generated, stored or disposed of on or about the Property, nor have the same ben
transported to or over the Property. 'Hazardous substance" shah be interpreted broadly to mean any
substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material
hazardous or tcsio or radioactive substance or other similar tans by any federal , state or local
environmental law, regulation or rola presently In effect or promulgated M the Wture, 0 such laws,
regulations or rules may be amended from time to time; and It shalt be interpreted to include but not be
limited to any substance which, after release into the environment, will and may reasonably be anticipated
to cause sickness, death, or disease.
Indian River County EMS Tower - 62713 4
lW•14.11 .+w..ell.re+ia+Lt.�aureA reari y► 1rre ++e 4 ;Noe_
"
-
i'.
•
•
•
•
4
•
•
34
•
•
••
•
1 6
•
•
21. Bale or Transfer by Lessor. Should Lessor, at any time during the term of this Lease, sell,
lease, transfer or cetera' convey al or any part of Lessor's Property b any transferee other than
Lessee, then such transfer shall be under and subject to this Lease and al of Lessee's rights hereunder.
22. Memorandum of Lease: Concurrently with the execution. of this Lease, Lessor shall execute
before a notary and deliver to Lessee for recording a'Memorandum of Lean Agreement In the form of
the attached Exhibit 'Bs' Such Memorandum shall not disclose any financial terms, unless required to do
so by the laws of such Jurisdiction.
23. Right to enter Into agreement: Lessor warrents and agrees that Lessor is seized of good and
sufficient title to and Interest In the Property and has full authority to enter into and execute thio Lease and
that there are no undisclosed lens, judgments or Impediments of file on Lessor's Property that would
affect this Lease.
24. Condemnation: In the event the whole of Lessor's Property, including without limitation the
Property and Tower, shal be taken or condemned, ether temporarily or permanently, for public purposes,
or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shal
forthwtth automatically cease and terminate. Lessor shall receive the entire condemnation award for land,
Tower and such other improvements as are paid for by Lessor, and Lessee hereby expressly assigns to
Lessor any and ell right, title end Interest of Lona now or hereafter ring In end to any ouch award,
Lessee shall have the right to mow from such authority, but not from Lessor, any compensation es may
be awarded to Lessee on account of the leasehold interest, moving and relocation expenses, and
depreciation to and removal of the personal property and fixtures of Lessee.
25. This lease constitutes the entire agreement of the patties hereto and shal supersede al prior offers,
negotiations and agreements. No revision of this lease shall be valid unless executed in writing by both
parties
IN WITNESS WHEREOF, the parties have hereunto signed this base In duplicate this
aeat- day of „Lai 9. j1n the presence of the undersigned witnesses.
LESSOR: INDIAN RIVER COUNTY BOARD OF
COUNTY COMMJ9�SIONERS
B7:
Print Name: CYrolvn K
As its:
Attest By:
s
. r i`... et ei AIerk
LESS s ' �RWI€00 P
• O
'44\°°r, D*
#17.
249
ert
our► a rn
r/rr LSYA flYM
1 L =►� ria%
SORAL COMMUNICATIONS,
•Rliriilted partnership
•t t7 Wltn
print emel tet aver
As Its: VI it LOA. ion 011%3.
Indian River County EMS Tower - 62715
5
Print Name
•
0.11
•
�,,�� lIirIs'
a
err
•
1
-1
•
•
•
ta�•ufi , „ $ r�
r
I. •
•
•
•
THIS INSTRUMENT FREFARZD ST:
NAME:
ADDRESS:
tititas
777 Yawata Rd., Ste, 40
jots Rataa. FL 33434
then7 Pr
EXHIDTT "B"
MEMORANDUM OF TOWER SPACE LEASE
THIS MEMORANDUM OF LEASE AGREEMENT, made and entered into a of dds __Wday of afrf
1997, by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("LESSOR`') whose address is
1840 25* Street, Vero Beach, FL 32960, and PRIMECO PERSONAL COMMUNICATIONS, L.P., a Delaware limited
partnenhip ("LESSEE") whose address is 777 Yamato Raad, Suite 600, Boa Ram, FL 33431.
1. LESSOR, on the terms and conditions set forth hr an unrecorded document dared
Space Lease", which tenni and conditions are incorporated heroin, 19S and antitied "Town
in
provided, does hereby lease to LESSEE, and LESSEE hen rent byanda� iR. ce oa of the rent and covenants)locae d r
by accepts from LESSOR, Detain site CPropeny") located at 1 r
Street and 17` Avenue, in the City of Vero Bach, County of Indian River, State of Fbtida, within the property of LESSOR which is
described in Exhibit "A" attached hereto and incorporated hereby by the reference ("LESSOR'S Property), together with a non-
exclusive easement to acres the Property and to Install and maintain utilities, for an initial term of flue (5) years commencing on
AFflY , which term may be extended by LESSEE for four (4) addldonal'flve (5) year period(s) subject to the
conditions of Paragraph 3 of the Tower Ipso Lew Apron
IN WITNESS WHEREOF, LESSOR and LESSEE have duly executed the Memorandum of Tower Space Lege u of the day and
year tint above written.
LESSOR: INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
Name•.
As Its: Chat
Addreu:
Attest
Indian Rivet conoty BMS Tower - 62715
t fir
6
LESSEE: PRIMECO PERSONAL COMMUNICATIONS,
I.P., a Delaware limited partnenhlp
Nam mak,
As ba + sr\ j eSkexiRsak- CSM
Address: 777 Vernet* Road. Suite 60Q
Roca Raton. FL 33431
Skit be there're. else witnesses:
(2)
14.P, Ained
(Print signed above)
RECEIVED
bac se min
CLERK TO THE BOARD
. 'waruealt �4tra-t7A.1a►N rieer.+rw�f �� p vs+1 w e3wdt'isZfrf
w
or
At I
► .�L�IL�}ew�'1MO�.fwi•Af��. - ,. "�►.MJr► ai 1M/ea . y`- ► ' an be 4.# "' it�►C..er►R«►: ...+..: a....• •.
-
LESSOR:
STATE OF: Ft ORl cLa.
COUNTY OF:TaJd ea Al )ttdecR...
Tka
Esa
1997, b1rns ;personally known to me , of Indian River County Board of
as n.
(AFFIX NOTARIAL SEAL)
LESSEE:
STATE OF: FLORIDA
COUNTY OF: PALM BEACH
PATRICIA L �ONEa
Yr COMIASap11 / MOM EXPIRES
real Et no
ionomagitIAMISINVICI, MC
aartta...
(OFFICIAL NOTARY Rc)
Notary Public - Stats
(Printed, Typed or Stamped Name of Notary)
Commission Number:
The foregoing Instrument was acknowledged before me this j �Wicks
day of c , 1997, Reboot
flalMwE, as 6iednrtwl eMrwbr of PrlmeCo Personal Commun/eatYons, LP., a Delaware limited partnership, on
behalf of the partnership.4ie is personally known to ms,
• (AFFIX NOTARIAL SEAL) Vet
C
* * It/ C..■...sCare
y"uur l 11111111«w
ladles River River Coax ty EMS Tower- 62713 7
1:.
•
(OFFICIAL NOTARY SIG 2E)
Notary Public • State of
(Printed. Typed or Stamped Name of Notary
t:
.1,
•
iss
tt•
1.,
1't
Commencing at the Southwest comer of the Southeast quarter of Section 2, Township
33 South, Range 39 East run South 89'22'00' East (Basis of Bearings) along the South
line of said Section 2 a distance of 978.5 feet mors or less to an Intersection with the
centerline of 17" Avenue;, ry7
Thence North 89'22'00" East along the said centerline of 17a Avenue a distance of
1286.03 feet to an intersection with the Easterly extension of the south line of a 80 foot
right-of-way as described in Official Record Book 39, Page 14 of the Public Records of
Indian River County;
Thence North 89'07'53" West along the sald South right-of-way line, and the easterly
extension, thereof, a distance of 35,00 feet to an intersection with the West right-of-way
Zine of 17" Avenue;
Thence continue North 89'07'53' West along the said South right-of-way linea distance
of 318.00 feet to the Point of Beginning of the heroin described Parcel;
From the Point of Beginning continue North 89'07'53' West a distance of 131.71 feet
Thence South 00'26'20' West a distance of 62.65 feet;
Thence South 68'29'40' East a distance of 20.92 feet
Thence South 37'09'40' East a distance of 48.30 feet
Thence South 06'42'40' East a distance. of 32.21 feet;.
Thence South 89'07'53' East and parallel with the said South right-of-way line a
distance of 77.47 feet;
Thence North 00'56'45' East and parallel with the said centerline of 17" Avenue a
distance of 140 00 feet to the Point of Beginning;
Said Parcel containing 15,341 square feet more or less.
ti. r4� $sry t .fR
r r ' `i. y RIvtu.Ca mt .mbIS To�wur- 62715 S
tvt4�''t� L att V w� 1
.sti°� �� � " �� ."t .`QL �`>�+�"' a����Ca�lli U�t��1} ,'P�1'. " � �'�� [ is �t.�• q'h ry i�r ' ..
ew It vir 40, 161 fir 4.1441
.�(_�
tip' el^• ., 3* 41441
, .-L - y t t tag.Yr