HomeMy WebLinkAbout1997-207Y
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TOWER AND GROUND SPACE LEAS
Its Gifford Water Tower
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
s-. -91
97-a07
Indian River County Board of County Commissioners, hereinafter called 'Lessor', and PrimeCo
Personal Communications, L.P., a Delaware limited partnership, hereinafter called 'Lessee', agree n
follows:
1. In consideration of the mutual covenants stated herein the Lessor does hereby grant permission to
the Lessee to Install and operate radio communication equipment on Lessors propertyat 28^ Court, City
of Vero Beach, County of Indian River, Stab of Florida (more spedlbaIy described on the attached
Exhibit 'A").
2. The antenna shall be Installed upon the water tower located at Latitude 27' degrees 40' minutes 6'
seconds North and Longitude Sr degrees 34' minutes 18' seoonde West, ata Might o1130' feet above
ground SviL Flexible coaxial transmission lines shall be installed between ate antenna and ate radio
equipment Such coaxial lines shall be fIrmty anchored to the tower. Radio communications equipment
consisting of transmitter, receiver and accessories, Including a back-up generator, shalt be instalted In the
tower equipment shed located at the base of the tower. Lessee shad have the right to' occupy not more
than 525 square feet of floor space for installation of such equipment. Committed toner:elation space,
including protective clearance above and below the antenna(s), shed not exceed 130' fest t ////
3. The term of the se and the Lessee's obligation to pay rent shaft commence on the S'�day of
19M.The term of this lease shall be five (5) year(s) commencing on the date this lease
Is eY6oiited (the 'Commencement Date') and shall automatically be extended for four (4) additional Me
(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 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:
Al The occurrence of any one or more of the following events shal constitute an 'Event of
Defaur hereunder by Lessee:
1. The failure 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 shall continue
fora 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 provisions of this
Lease to be observed or performed by Lessee, other than as specified in Paragraph
4,A(1), where suoh failure shah continue fora period of Mktg (30) days after written
notice thereof is received by Lessee from Lesson provided, howsve, that it shall not
be deemed an Event of Default by Lessee if Lessee shal commence to cure such
failure within said thirty (30) day period and thereafter diligently prosecutes such cure
b completion within ninety (90) days, unless written extension is granted by Lessor.
B. The Lessee abandons the premises or uses the premises for any unsuCrortsed purpose.
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C If there occurs an Event of Default by Lessee, In addltIon to any other remedies available to
Lessor at law or In equity, Lessor shaft have the option to terminate this Lease and all rights of
Lessee hereunder.
5. Lessor shall have the right to terminate this lease upon 80 days written notice It
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.
8. The Lessee may terminate this lease upon 80 days written notice to Lessor if any of the following
occurs.
A. Lessee determines, in its sole discretion, that it wilt 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 dented; 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, Lessee's
its
reasonable judgment, determines that it will no longer be able to use the Property
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 Le'sem operations
operations due
to
changes in system or network design or In the types equipment used
of
Lessee's operations at the Property become unprofitable.
F. Any termination notice rendered by Lessee 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 Lease and the parties shaft 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
Lessee's parent company, Lessee may assign lts rights benot unreasonably obligations
under witthis lease
only upon prior
written approval of the Lessor, and such approval rig
0, Lessee takes the faoilides as Is end Lessor don not warrant that the mduty Is sultkdent for the use
Intended by Lessee My modifications necessary to make
be by the Lessee and shall bye mode at
be
made after approval by the Lessor such approval unreasonably
the sole expense of the Lessee.
9. A. Losses shaft pay Lessor at 1840 25" Street, Vero Beach, Florida 32980 an annual rental of
Nine Thousand, Three Hundred, Sixty Dollars (59,380.00) payable yearly In advance and due on each
and every anniversary date of the Commencement Date during the term of this (ease On each
Tndtan Rlvbi,Coiwty Gifford Water Tower - 62716
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anniversary of to Commencement Date during the temp, the annual rent shall be increased by four
percent (496).
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 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 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 hi 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 Lease, all interest that may accrue on the deposit,
shall be added to the deposit amount and returned to Lessee.
10. Lessee 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, vtility swims and
easements required for Lessee's proposed use of the Leased Properly,
11. During the term of this lease, Lessor agrees that Lessee shat have fres 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 shall 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 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
herein provided, shall peaceaby 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 fadiities at the Tower and/or the right to install antennas In
connection with the operation of such facilities or other communication 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 term of
this Lean, 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, 11 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
shalt require the party causing the interference to crease using the equipment which is causing
the Interference,
15. Lessor agrees:
A to maintain the radio tower in good working condition at all tines in order that the Lessee may
have the use of said tower as contemplated herein;
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B. to maintain the radio tower strictly in accordance with the requirements of the Federal
Communications Commission and ail required Governmental rules and regulation.
18. The Lessee does hereby agree to indemnify and save the County harmless from any and all claims,
this lease agreement
and causes or the Lessee's ich may arise activity on the de demif sed
prsm The Lessee shall pay 's interest in the leased premiseer
s
and lease soresma
and losses of.arty nature whatsoever in connection, therewith and shah defend all web,
tthe County's
request, in that:name of the County when applicable, and pay all costs and judgments which issue
therefrom. The foregoing indemnification shall not apply to claims, Ilability, losses and causes of action
which arise solely from the negligent or intentional acts of Lessor.
17. The Leises shall maintain public liability Insurance, naming Indian River County as an add oacell
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insured, with policy limits of no less than 8100,000.00 per occurrence and $300,000.00 aggng
atimes 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
181 Lessee's equipment shell 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 tear
excepted.
19. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed
validly given If sent by certified mail, retum receipt requested, addressed as follows to notice) any ot er
er
mailing address which the party to be notified may designate to the other party by
suchotherwise 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 suchgt UnISd tom notices
ss Lessor
otherwise specifies in writing, rent checks from Lessee shall be sent to the person
are sent
Lessee: P imeCo Personal
Cort Communications. L.P.
Delaw
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Address: 777 Yamato Road Suite 80
j3oca Raton. Florida 33431
Attn: Property Manaoer
15811995-5500
primeCo Personal Communications. LP
Attn: Edward Wholl Ess
8875 Hidden River Hwy . Suite 350
Tamoa Florida 33837
With a copy to:
Address:
Attn:
Lessor.
Legal Department
18131 815-4840
Indian River County Board of County Commissioners
1840 25" Street
Vero Beach. Florida,'}2980
Attn: Doug Minh!
20; .- Hazardous Substances: Lessor represents and warrants to Lessee that have hazardous substances been
r,
have not been generated, stored or disposed of on or about the , to mean any
ttatspOrted to or over the Property. 'Hazardous substance' shah be Intsrproted broadly
eubstince or material defined or designated n hazardous or toxic waste, hazardous or to,dc material,
t. hazardous or toxic or radioactive substance or other similar term by any federal , stats or local
enylrorimental law, regulation or rule presently in effect or promulgated in the future, as such laws,
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to include be
but not
regulations or rules may be amended from time to time; and h shall be interpretedreasonably ds bu not be
limited to any subs hl disease. release
by law. Into the environment, will and may
to cause sickness, death,
ff the term of this Lease, sell,
l21.ease, transtef or otherwise convey all or any pa Bale et Trans Lessor. Should Lart of Lessor's Property to any transferee other than
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Lessee, then such transfer shall be under and subject to this Lease and all of Lessee's rights hereunder.
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22. MenteMa� ndum of Lease: Concurrently with the executor of this Lease, Lessor shall execute
of Lean
e
before a notay;and deliver to lessee for recording a'Memorandumra��a i ii todo
orm of
the attached; Exhibit *Be Such Memorandum shall not disclose any
financial terms, so by the lava bf such Jurisdiction.
23. that
is seized of good and
Right to enter Into
to and Interest inagreement: the Property and has full authority to enter into and sufficientexecute this Lease and
that then are no undisclosed liens, judgments or impediments of title on Lessor's Property that would
Out this Dasa.
24. Condemnation: In the event the whole of Lessor's Property. Including without limitation the
Property and Tower, shall be taken or condemned, either temporarily or permanently, for public purposes,
or sold to a condemning authority under threat of condemnation to prevent taking, then this Lease shall
forthwith automatically cease and terminate. Lessor shalLr N and Lthe essee hereby condemnatioation award assigns land,
Tower and such other improvements as are paid for by in and to any such award
Lessor any end all right, title and interest of lessee now or hereafter arising mp
Lessee shall have the right to recover from such authority, but not from , any
ccompensaocationnsation as may
tion s, and
be awarded to Lessee on account of the leasehold
depredation to and removal of the personal property and fixtures of Lessee.
25. This lease constitutes the entire agreement of the parties hereto s shall supersede
ll prior offers,
negotiations and agreements. No revision of the lease shah be valid unless executed in awriting by both
parties.
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PRESSEE: L PiMEa0 PERS., * Delaware limited partnershiNAL p
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Tats INSTRUMENT PREPARED BY:
NAME: ?MECO PERSONAL COMM
ADDRESS: 777 Yamate MLitt. tied
Iota Ratua. FL 3343k
EXHIBIT "B"
MEMORANDUM OF TOWER SPACE LEASE
THIS MEMORANDUMOFLEASE AGREEMENT, made and entered into as of this( eday of
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, LP., a Delaware limited
partnership ("LESSEE") whose address is 777 Yamato Road, Suite 600, Boca Raton, FLAf 33431.
1. LESSOR, on the terms and conditions set forth in an unrecorded document dated 7K /s, 19jjand entitled "Tower
Space Lease", 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 rents and accepts from LESSOR, certain she ("Property") located at 28a
Court, in the City of Vero Beach, County of Indian River, State of Florida, within the property of LESSOR which is described in
Exhibit "A" attached hereto and incorporated hereby by this reference ("LESSOR s Property"), together with a non-exclusive
segment t4 lima) Property and to install and maintain utilities, for an Initial tmn of five (3) yen commencing on
RA� /rt _,, which tern may be extended by LEMUR for fbur (4) additional fin (5) year periods) subject to the
cond ions 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 fust above written.
LESSOR: INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
Name:
M Ib:
Carolyn i . Eaaert., /
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Address: j8402 Tat"
•C °° 7
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Chairman
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Attest By:
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LESSEE: PRIMECO PERSONAL COMMUNICATIONS,
LP., a Delaware limited partnership
By: .z
Num Eskratkua
M Its: Ishaisilitirsoz
Address: 777 Yamato Road Suite 600
Docs Raton. FL 33431
Sign - !n the prnares of two wldtasn:
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Print name signed .. ' (Prima name signed above)
%. `t►�a►fiae.
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me foregoing inatn t was acknowledged before me this 30 qday of Boar, bar
G'A�o�y�/ K• (aster as GriMR.sfmt/
County Cbmmisslonem who Is personallyknown to me . o Indian River County Board of
triificanon.
(AFFIX NOTARIAL SEAL)ev
LESSEE:
STATE OF: FLORIDA
COUNTY OP PALM BEACH
The
e foregoing Instrument was acknowledged before me this day of a.n s, th QC , 1997, by Robert
Kltpen, as Teshn/cal Director of PrlmeCo Personal Communications, LP., a Delaware limited partnership, on
behalf of the partnership. He Is personally known to me.
(AFFIX NOTARIAL SEAL.)
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Exhibit "A"
Legal Description
That part of the Southwest % of the Northeast 34 of Section 22, Township 32 South,
Range 39 at lying West of the West right-of-way of Lateral 'H" Canal, being more
particularlyascribed as beginning at the Northwest comer of the Southwest''4 of the
Northeast of said Section 22, Township 32 South, Range 39 East Thence run South
along theQ barter Section Zine a distance of 550 feet Thence run East and parallel to
the North Ii of said Southwest'/. of Northeast' a distance of 815.0 feet Thence run
South and parallel to said Quarter Section line a distance of 85.0 feet Thence run East
and parallel to said North line a distance of 120.0 feet; Thence run South and parallel to
said % Section line a distance of 15.0 feet; Thence run East and parallel to said North
line a distance of 99.53 feet to the West rightof-way of Lateral If Canal; Thence run
Northwesterly along said West righted -way a distance of 053.23 feet to the North line of
said Southwest % of Northeast 4 Thence run along said North linea distance of
977.04 feet to the said % Section line and point of beginning;
Together with an easement and the right to make necessary improvements thereon for
ingress, egress, drainage and utilities over, on and under the following described
parcel: The West 35 feet of the Southwest Quarter of Northeast Quarter of Section 22,
Township 32 South, Range 39 East, Tess the North 550 feet thereof.
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