HomeMy WebLinkAbout1997-208 ' s
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TOWER AND AROUND SPACE LFASE
STATE OF FLORIDA Sibs Hobart Tower
COUNTY OF INDIAN RIVER
Indian River County Board of County Commissioners, herelna}br called •Lessor•, and PrimeCo
Personal Communications, L. P., a Delaware limited partnership, herekuli r caped •Leseee•, agree as
follows:
1 . In consideration of the mutual covenants stated herein, the Lessor does hereby grant permission to
the Lessee to Instafi and operate redo communication equipmant on Lessors property at i0wanle Hobart
Park (77" Street), City of Waboseo, County of Indian River, State of Florl le (more specifically described
on the attached Exhibit *A*),
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2. The antenna shall be Installed upon the tower located at Latitude 2r degrees 44' minutes 03' seconds
North and Longitude 80' degrees 28' minutes 30' seconds West, at a height of 150' feet above ground
level. Flexible coaxial transmission lines shall be Installed between the antenna and the radio equipment
Such coaxial lines shall be Army anchored to the tower. Radio communications equipment consisting of
transmitter, reaNer and access"% Including a track•up genaata, Mae M installed In the tower
aqulprrlent shed located at the bile of the Iowa, Lessee shall haw the fight to oowpy not mon than 628
•quare feet of Noor space for Installation of such equipment Committed tower utilization space, Including
protective clearance above and below the antenna(s), shall not exceed 14(y to 180' feet
3. The term of the ase and the Lessee's obligation to �Jgy
9 pay rent shag commence on the of
19 The term of this lease shall be five (5) years) commencing on the date this lease
Ise ted (the 'Commencement Date') and shall automatically be extended for four (4) additional Ave
(5) year extension terms thereafter unless within 90 days prior to the expiration of the term thereof, or any
renewal under this provision, Lessee shall notify in writing that it does not desire to have the lease
renewed. The Lessor reserves the right to terminate this lease upon 180days prior wwritttten 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 Moss
a third party for commercial
purposes shag not be considered an overidin public purpose.
4. Lessee Defaults:
A The occurrence of any one or more of the following events shah constitute an •Event of
Defaulr hereunder by Lessee:
1 . The failure by Lessee to make any payment of rant or any other payment required to
be made by Lessee hereunder, as and when due, where such failure shall continue
for a period of twenty (20) days after written notice thereof is received by Lessee from
Lessor.
2. The failure by Lessee to observe or perform any of the covenants of provision of this
Lease to be observed or performed by Lessee, other than as specified in Paragraph
4.A(1 ), where such failure shall 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 commience to cure such
failure within aid thlole (30) day period and thembir diligently prosmWo such cure
b oompleNon within days, unless wrldan axbnsion gfsnted by Law -
B. The Lessee abandons the premises or uses the premisas for any unauthorized purpose.
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C. If there occurs an Event of Defsuft by Lessee, In addition to any other remedies available to
Lessor at law or In equity, Lessor shall have the option to bm*m to this Lease and an rights of
Lessee hereunder,
5. Lessor shall have the right to lemdnate this lease upon 60 days written rwtica a:
A, Lessee defaults hereunder as described under Paragraph 4;
B. The tower Is wholly or partially destroyed from any cause and cannot be reasonably repaired,
6, The Lessee may terminate this lease upon 60 days written notice to Lessor K any of the following
occurs,
A, Lessee determines, In Its sole discretion, that It will be unable to obtain an necessary
Governmental Approvals for lessee's Intended use of and improvements to the Property
desired by Lessee; or
8. Lessee's application for any Govemmental Approvals necessary for Lessee's use of the
Property and Improwmente desired by Lessee N denled; W
Q 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, terninated or denied so that Lessee, In Its
reasonable judgment, determines that it will no longer be able to use the Property for Loam'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,
Any changes of this 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 equiprnent used In such operations of
Losses's operations at the Property become unprotifabla
F, Any termination notice rendered by Losses pursuant to this Paragraph shall cause this Lease
to expire with the same force and effect as though the date set froth in such notice were the
date originally set as the expiration date of this Leese and the parties shall make an
appropriate adjustment, as of such termination date, 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
Loom's parent company, Lesses may assign Its rights and obligation under this lase only upon prior
written approval of the Lessor, and such approval shah not be unreesonably withheld,
a. Leasee takes the facilities es Is and Lessor does not warrant that the facility Is suffident for the use
Intended by Leases. Any modHlcations necessary to make the fadhy usable by the Losses may only be
made ager approval by the lessor, such approval not to be tmnasonabt with OK end &W be made et
the sole expense of the Loom
ILI0. . A Loam shah pay Lessor at 1840 251" Street, Vero Beach, Florida 32980 an annual rental of
Ton Thousand, Eight Hundred Dollars ($10,800.00) payable yearly In advance and due on each anddL
every
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anniversary date of the Commencement Date during On term of this lease. On each anniversary of the
Commencement Date during the term, the annual rent shall be increased by four percent (4%).
B. In addition to the annual rental described herein, Lewes shall pay Lessor a one time payment
of Ten Thousand Dollars ($10,000.00).
C, Security Deposit By Lesser. Lessee shall deposit with Lessor a refundable security deposit of
Ten Thousand Dollars ($ 10,000.00) that may be used by Lessor in the event that Lessee broaches this
Lease and such broach causes Lessor to kion expenses that would have not been Incurred but for
Lessee's broach 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 Lessors
other funds. Upon the termination or expiration of the Lease, all Interest that may some on the deposit,
shall be added to the deposit amount and returned to Lessee.'
10. Losses shall 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 loose, Lessor agrees that Loom shall have free access to the tower and the
promises 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 shall not damage the
promises or the tower structure or Interfere with the maintenance of the Lessors property.
13. Lessee shall comply with all rules and regulations of the Federal Communications Commission, and
all other applicable laws and regulations.
14.
A Lessor warrants and agrees that Lessee, upon paying the rent and performing the covenants
heroin 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 Install Its antennas and operate its wireless communications
facility at the Tower. From time to time Lessor may grant to other entitles the right to operate
wireless communications facilities at the Tower and/or the right to install antennas In
connection with the operation of such facilities or other communications facilities; 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 tern of
this Lease, as the same may be extended. If any such Interference occura, 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 operogons. K such Interference continues for more
than thirty (30) days after Lessee's notios to Lessor with reaped to such Interference, Lessor
shall require the party causing the Interference to cease using the equipment which is causing
the Interference.
10, Lessor agrees;
A, to maintain the radio tower in good working condition at IN times in order that the Lessee may
have the use of said tower as contemplated heroin;
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Be to maintain On radio tower strictly In accordance with ft requirements of the Federal
Communications Commission and all required Govemmordel rules and regulation.
18. The Lessee does hereby agree to Indemnity and am the County harmless from any and all claims,
Nablity, losses and and causes of action which may arlse out of Lessee's Interest M the leased premises under
this lease agreement or the Lessee's activity on the demised premises. The Lessee shall pay all claims
and losses of any nature whatsoever In connection, therewith, and shah defend all suit, at the County's
request, In the name of the County when applicable, and pay all oosb and Judgments which Issue
therefrom. The foregoing Indemnification shall not appy to claimik liability, losses and causes of action
which arise solely from the negligent or Intentional acts of Lessor.
17. The Lessee shall maintain public Nobility insurance, morning Indian Rim County as an additional
Insured, with policy limits of no less than $ 100,000.00 per occurrence and $300,000.00 aggregate at all
times during the term of this lease. The Lessee shall provide proof of Insurance to the County at the time
this lease Is executed, and with each annual rental payment. i
18. Lessee's equipment shall remain personal to and the property of Lessee. At the termination of this
lease, Lessee shall promptly remove OR Its equipment, and Mall, at Lessee's expense, restore Lessors
properties to the same condition as they were prior to Lessee's occupancy, normal wear and tear
excepted.
106 AN notlwa hereunder must be In writing and, union otherwise provided heroin, shall be deemed
validly given H sent by certified mail, return receipt requested, addressed as 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 low. Should Lessor or Lessee have a change of address, the
other party shall Immediately be notified as provided M this Paragraph of such lunge. Unless Lessor
otherwise specMes In writing, rent checks from Lessee shall be sent to the person Rated to whom notices
are sent
Lou": PdmeCo Personal Communications v
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a Delaware limited partnership
Address: 777 Yamato Road Suite 60
Boca Raton. Florida 33431 ,
Attn: Property Manager
(5811995-5500
With a copy We PrimeCo Personal Communications-
:
ommunication: Edward Moll Ego
Address: 887b Hidden River Hwy.. Suite 350
Tampa. Florida 33837
Attn: Legal Department
(81 31 61 5-4840
Lessor Indian River County Board of County Commissioners
1840 251" Street
yero Beach. Florida 32960
Mine Douo Wright
200 Hazardous Substances: Lessor represents and waran loLessee that hazardous substances
have not been generated, stored or disposed of on or about the Property, nor have the same been
tnnsperted t9 or ever the Propergr, 'Haiirdoua aubstana' shall be Inter"lad broody to moan Rimy
substance or material defined or dni IN ut hozuftlit a 1041 wate, hwrdouo or toxo material,
hazardous or toxic or radioactive substance or other skndw Win by any federal . state or local
environmental law, regulation or rule presently In elfed or prortwlgate i in the future, as such laws,
Indian River Coegty Hobert Tower - 62717
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regulations or rules may be amended from tins to time; and it shall be Interpreted to include but not be
limited to any substance which, after false" into the environment, will and may reasonably be anticipated
to cause sickness, death, or disease.
21 . Sale or Transfer by Lessor. Should Lessor, at any time during the term of this Lease, sell,
base, transfer or otherwise convey all or any part of Lessor's Property to any transferee other than
Lessee, then such transfer shall be under and subject to this Lease and all of Lessee's rights hereunder.
22. Memorandum of Lease: Concurrently with the execution of this Lease, Lessor shah execute
before a notary and deliver to Lessee for recording a 'Memorandum of Lean Agreemenr M the form of
the attached ExhibR 'S'. Such Memorandum shah not disclose any financial tomo, unless required to do
so by the laws of such Jurisdiction.
23. Right to enter Into agreement: Lessor warrants and agrees that Lessor is seized of good and
sufficient title to and Interest in the Property and has full authority to color Into and execute this Lease and
that there aro no undisclosed hens, judgments or impediments of this on Lessors Property that would
affect this Lease.
24. Condemnation: In the event the whole of Lessors Property, Including without hmhadon the
Property and Tower, shah to token or condemned, either tompororhy or permammtty, for public purposes,
or sold to o condemning authority under threat of oondemnatiorl to pnivent toklnp, Men this Lease shah
forthwith automatically cease and terminate, Lessor shah receive the entire WAomnedw award for land,
Tower and such other Improvements as are paid for by Lessor, and Less" hereby expressly assigns to
Lessor any and all right, tide and interest of Lessee now or hereafter arising in and to any such award. ,
Lose" shah have the right to recover from such authority, but not from Lessor, any compensation as may
be awarded to Lessee on account of the leasehold Interest, moving and relocation expenses, and
depreciation to and removal of the personal properly and fixtures of Lasses.
25. This lease constitutes the entire agreement of the parties hereto and shall supersede all prior offers,
negotiations and agreements. No revision of this base shah be valid unless executed In writing by both
` parties.
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IN WITNESS WHEREOF, the perdu haw hemrno signed this bate in duplicate this
day of _, 19 In Q» presence of the undersigned witrt mu& ,
LESSOR: INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
By;
Print Name: Ca olyn KO) esfort
S., , I - II . . . .
#g _
A its, Chai a00 . �p
Attest By@ ,
• C a iork
L!B I M ,,�JJMMIC0 $ONAL COMMUNICATIONt. ;
''L,P;,4tU6 an limited rtnomhlp ,
By" 49 WCL
Print Name:
Print Name:
Yb�r� 1[�ci �,e n '
�— Witn
AsIts:. kleVx6cstA %wc4ex
Print Name:
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EXHIBIT "A"
LEGAL DESCRIPTION
S1 /4 of SW1 /4, less West 40 feet for road right-ofAvW and less South 40 feet of SEI /4
of SWIM of Section 33, Township 31 South, Range 39 East
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ITIS Q4SIRt1MIM PREPARED aYt
NAMEt PRIMECO PERSONAL COMM
ADDRZMt 777 Ya■ato Rd_ Sb. GH
EXHIBIT "B"
MEMORANDUM OF TOWER SPACE LEASE
TH MEMO DUM OF LEASE AGREEMENT. made and entered into as of this day of
19970 by and between INDIAN RIVER COUNTY BOARD OF COUNTY
C M IONERS ("LESSOR") whose address is 1840 25' Street, Vero Beach, FL 32960, and PRIMECO
PERSONAL COMMUMCATIONS, L.P., a Delaware Reeled partnership ("LESSEE') whose address Is 777
Yamato Road, Suite 600, Boa Raton, FL 33431 .
1 . LESSOR, on the terms and conditions set forth to as unrecorded document dated ,,' 1 Nrl •f 19�7and
entitled "Tower Space Lesse", which terms and conditions are incorporated herein by reference, and in
consideration of the rent and covenants therein provided, does hereby lease to LESSEE, and LESSEE hereby rants
and accepts born LESSOR, certain site ("Property' ) located at Kiwanis Hobart Park (77' Street), in the City of
Wabm, County of Indian Riva, State of Florida, within the proputy of LESSOR which la doacdw in Exhibit
"A" attached hemto and inootpomled hemby by thio reMenes ("LBSSOR'e Pmpegl% together with a none
exclusive Basemen to accesa the and to install and maintain utilities, for an initial term of tive (S) years
commencing on 5 j/ . which term may be extended by LESSEE for four (4) additional five
(S) year period(s) subject to the conditions of Paragraph 3 of the Tower Space Lease Agreement
IN WITNESS WHEREOF, LESSOR and LESSEE have duly executed this Memorandum of Tower Space Lease
as of the day and year first above written.
LESSOR: LESSEE;
INDIAN RIVER COUNTY BOARD OF PRIMECO PERSONAL COMMUNICATIONS,
COUNTY COMMISSIONERS L.P., a Delaware limited partnership
By: AI
gl,
Names CarAyn K . Ez"t Name: Robert Keken
As ib: Chairman , :: ;; !L. . As hr. Technical Director
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Address: Addr m: 777 Yamsto Road Suite 600
Boa Raton. FL 33431
Attest By: z: _ . ,, , . Sinned In tke o wifteffee
fie .
(Pft me= at W stave) (t'riot name stoned
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LE880fiw
STATE OF: LoQ o R
COUNTY OF: N r A ,�7
The foregoing o aLtrument �� fon bZO 'dap► d of Indian 1RIwr
by G�4K ^J N
County Board of County Commlesbnen who k pemonaly known to me ev has—ped
(AFFIX NOTARIAL SEAL)
(OFFICIAL NOTARY SIGNA E)
Notary Pubft - Stats of
(Printed, Typed or Stamped Name of Notary)
Commission Number:
FATIIOIA K NM Y
yY OOAMIItAOM i tt1l11000 DfNA11
AM 276 tial
anew nwi nor r� wuv+u. •o.
LESSEE:
STATE OF: FLORIDA
COUNTY OF: PALM BEACH
The foregoing instrument was acknowledged before me this day of o, ,o�
19971 by Robert Kehgen, as Technical D/rector of PrlmeCo Personal Communlcadona, LP., a
Delaware limited paMereh/p, on behaU of the partnership. He N personally known to me.
(AFFIX NOTARIAL SEAL)
1 .000
WFFICIAL NOTARY 1 N E)
* * a �Notary Puble - b of
e*w. a�r1 t1M =cNn T e, , i c>
�.� (Printed, Typed or Stamped Niffm of Notary
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