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HomeMy WebLinkAbout1997-329• • • X • • , • RECEIVED DEC 121991 CLERK TO THE BOARD 97-329 /? -9- 47--- //6,z (IROUND SPACE LEASE Site: 3975 6Sth Smet_ Vero Blaeh PL STATE OF FLORIDA COUNTY OF INDIAN RIVER Indian River County Board of County Commissioners, hereinafter called "Lessor", and Sprint Spectrum, L.P., a Delaware Limited Partnership, hereinafter called "Lessee", agree as follows: 1, In consideration of the mutual covenants stated heroin, the Lessor don hereby grant permission to the Lessee to install and operate radio communication equipment on Lessor's property at 3975 65th Street, City of Vero Beach, County of Indian River, State of Florida (more specifically described on the attached Exhibit "A"). 2 Lessee shall have the right to occupy not more than 900 square feet" of ground space for installation of its communication equipment. 3. The term of this lease shall commence upon execution of this lease agreement (the ` commencement date") and shall continue until January 21, 2001 (the "initial tenn"). Lessee shall have the option of extending this lease for three (3) additional five (5) year terms. This lease shall automatically be renewed for each successive Renewal Tenn unless Lessee gives Lessor written notice of its intention not to exercise any such extension option at least six (6) months prior to the end of the then current term. 4. Lessee Defaults: A. The occurrence of any one or more of the following events shall constitute an ' Event of Default' 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, u and when due, where such failure shall continue for a period of twenty (20) days after wntten nonce 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(t), 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 stall not be deemed an Event of Default by Lessee if Lessee shall commence to care such failure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion within ninety (90) days, unless written extension is granted by Lessor. • 'fit i � �J' � �.dmriIM►Wtareei • • • • • • • i 4 • The Lessee abandons the premises or uses the premises for any unauthorized purpose. C. If there occurs an Event of Default by Lessee, in addition to any other remedies available to Lessor at law or in equity, Lessor shall have the option to terminate this Lease and all rights of Lessee hereunder. 5. Lessor shall have the right to terminate this lease upon 60 days written notice if A. Lessee defaults hereunder as described under Paragraph 4; Be The tower is wholly or partially destroyed from any cause and canto reasonably repaired. 6. The Lessee may terminate this lease upon 60 days written notice to Lessor if any of the following occurs. A. Lessee determines, in its sole discretion; that it 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,Lesaee'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 aor 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 antenna and equipment and may from time to time change such frequencies. Any changes of this nature that, m Lessee's reasonable judgment, renders its operation of a wireless communications facility at the Property obsolete; or 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 this Paragraph shall cause this Lease to expire with the same force and effect u though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, u of such termination date, with 1: ei • ,• is w k i r • • • • • • 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 only upon prior written approval of the Lessor, and such approval shall not be unreasonably withheld. 8. Lessee takes the facilities u is and Lessor does not warrant that the fable bytheiensseet for the use intended by Lessee. Any modifications necessary to make the facility 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. 9. A. Lessee shall pay Lessor at 1840 25th Street, Vero Bach, Florida 3296a� d rental of Nine Thousand Three Hundred Sixty Dollar ($9,360.00) payable yearly in ace an due on e,ach Commencement Date dunng the term of On each anniverrsary of d every the ommencement niversary date of Date during the term, the annual rent shall be s lease. increased by four percent (4%). 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 Dollar ($10,000.00) which may be in the form of an irrevocable letter of credit during the term of this lease, that may be used by Lessor in event that Lessenoe been breaches this Lease and such breach causes Lessor to incur expenses would 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 depsit nn an interest bearing account maintained in a financial institution insured by the Federal Deposit Corporation and separate from Lessor s other Rinds. 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, utility services and easements required for Lessee's proposed use of the Leased property. 11. During the term of this lease, Lessor agrees that Lessee shall have free access to the property and the premises on which the property 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 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. 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. 15. The Lessee does hereby agree to indemnify and save the County hannleu from any and all claims, liability, losses and causes of action which may arise out of Lessee's interest in the leased premises under the lease agreement or the Lessee's activity on the demises premises. The Lessee shall pay all claims and losses of any nature whatsoever in connection, therewith, and shall defend all suits, at the County's request, in the name of the County when applicable, and pay all costs and judgments which issue therefrom. The foregoing indemnification shall not apply to claims, liability, losses and causes of action which arise solely from the negligent or intentional acts of Lessor. 16. The Lessee shall maintain public liability insurance, naming Indian River County u Ott additional insured, with policy limits of no less than 5100,000.00 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. 17. 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 u they were prior to Lessee's occupancy, normal wear and tear excepted. 18. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given if sent by certified mail, return receipt requested, addressed u follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or u otherwise provided under applicable state law. Should Lessor or Lessee have a change of address, the other party shall immediately be notified u 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: Skim" 5Pecrium Le P. 4 717 4ecunel Avenue., Address: KRptskC Cir'%y, Mt 5euri Ci4►la- With a copy to: SP/oar SPCCtAL M L• P• Addrni Lessor: Address: 11 et A -MO %loAc a. 3 - 3aq gei6 Na Flew • • • fad x4 of +t if 4j 01 ti '.i 1 _} • • • • • 19. 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 been transported to or over the property. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated u hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall 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, by law 20 Sale or Transfer by Lessor. Should Lessor, at any time during the term of this Lease, sell, beau, transfer or otherwise convoy 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. 21. 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 Lease Agreement" in the form of the attached Exhibit "B". Such Memorandum shall not disclose any financial terms, unless required to do so by the laws of such jurisdiction. 22. 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 enter into and execute this Lease and that there are no undisclosed liens, judgments or impediments of title on Lessor's Property that would affect this Lease. 23. Condemnation: In the event the whole of Lessor's Property 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 shall receive the entire condemnation award for land and other improvements as are paid for by Lessor, and Lessee hereby expressly assigns to Lessor any and all right, title and interest of Lessee now or hereafter arising in and to any such award Lessee shall 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 property and fixtures of Lessee. 25. This lease constitutes the entire agreement of the parties hereto and shall supersede all prior others, negotiations and agreements, No revision of this lease shall bo valid unless executed in writing by both parties. • 1 • Stkiat 4$10100410p. ' im:eai er�u�rri-. •71; co O ti Cid IN WITNESS WHEREOF, the parties have hereunto 'is this day Of nemh r�P o the uesignease dwitna LESSOR: ,Lndian River County Board of County Commissioners lr • • Itt • • • • • THIS INSTRUMENT PREPARED BY: NAME: SPRINT SPECTRUM, L.P. ADDRESS: clo Joseph J. Deltas, Jr., P.A. 401-A South Indian River Drive Fort Pierce, FL 34950 EXHIBIT "B" MEMORANDUM OF GROUND SPACE LEASE THIS MEMORANDUM UR LEASE AGREEMENT, mads and owed into so of this s.. day of Ase :AAV 1997, by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS a De ("LESSOR") whose whose address is 1840 25th Street, Vero Beach, FL 3496 re Litnited Partnership (' LESSEE"), whose address is 3:4-17.A.,...1.r-' 1. LESSOR, on the terms and conditions set forth in an unrecorded document dated jut -es rat titi `� 1997, and entitled "'Ground Space Lease", which terms and conditions we incorporated herein by reference, and in consideration of the rent and covaunts therein provided, does hereby lease to LESSEE, and LESSEE hereby rents and accepts from LESSOR, certain site ("Property") located at 3975 65th Street, in the City of Vero Beach, County of Indian River, State of Florida, with 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 e t to access the e I ¶� tine ma until Property and to install and maintain utilities, for err initial term to begin Aa w e�tii.11V Q January 21, 2001, which term may be extended by LESSEE for time (3) additional fib (5) yew periods subject to the conditions of Paragraph 3 of the Ground Space Lease Agreement IN WITNESS WHEREOF, LESSOR and LESSEE have duly executed this Mc mnndum of Ground Spix Lease as of the day and year first above written. LESSOR: INDIAN RIVER COUNTY LESSEE: SPRINT SPECTRUM, LP., !}OA ,OF COUNTY a Delaware Limited partnership • BY: :_ Name: : , As kat A.14; Address:.ys•; 4 Attest By: P Ogictusts ir:i.1, Je BY: mina pt rawttl!..r L we - As Its: L+ o ].Beaune Address: Q:.lS W ')(4Pe- alatFta_ (o34 - re ppt.3 .331 (2) PRINTED NAME: ,T 1' re • e 1P ow t "- it /S 41 ;N. 14. 1 I it .a • 1/4t� tr ii Ie It 1g 1 i 4 [ . in • • • • • Pt • • • • • STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 9 day of I 997Ay Carolyn IC Eggert, Chairman of the Board of County Commissioners and W! , Deputy Clerk who are personally known to me. NOTARY PUBLIC Signature State of Florida at Large (seal) 4 • s'atainolef amour, IP. 4 J • r, • • • GA Bond Number. 400JJ9299 KNOW ALL BY THESE PRESENTS, That we, Sorint Spectrum. L.P. . u principal, and St. Paul Fire and Marine Insurance Companv , as Surety, aro held and firmly bound unto Indian River County a Board of County Commissioners. 1840 25th Street Vero Peach. FL 32960 as Obligee in the sum of Ten Thousand and No/100 (510.000.00) lawful money, to be paid to said Obligee, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bound Principal has made application with Obligee for a permit to install antennas and transmission lines on an existing tower (3975 85th Street. Vero Beach. FL) and u a condition of this permit Principal has agreed to remove the antennas and transmission lines when and if they are no longer in use or maintained. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,;That if the above named Principal, its successors or assigns, does and shall well and truly observe, perform, fulfill and keep its obligations u set forth in the above mentioned permit, for which a bond must be posted, then the above obligation to be void; otherwise to remain in till) force and effect, This bond is subject, however, to the following conditions: FIRST: That in the event of a default on the part of the Pnncipal, its successors or assigns, a written statement of such default with full details thereof shall be given to Surety promptly, and in any event, within thirty (30) days after the Obligee shall learn of such default, such notice to be delivered personally or by registered mail to Surety at 385 Washington Street, St Paul, Minnesota 55102. SECOND: That no claim, suit of action under this bond by reason of any such default shall be brought against Surety unless asserted or commenced within twelve (12) months after the effective date of any termination or cancellation of this bond. THIRD: That this bond may be terminated or canceled by Surety by ninety ,(90) days prior notice in writing from Surety to Principal and Obligee, such notice to be given by certified mail. Such termination or cancellation shall not effect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. The liability of the Surety shall be limited to the amount set forth and is not cumulative. FOURTH: That no right of action shall accrue under this bond to or for the use of any person other than the Obligee, its successors and assigns, and this bond shall not be effective until such time as the Obligee has issued the permit requested by Principal. IN WITNESS WHEREOF, the above bound Princi 9 Su. ty have hereunder set their hands and seals, this 11th day of, Mav , 19 98 Countersignature: Laura Fash, FL Resident Agent X11 '' ST. PAUL FIRE AND MARINE INSURANCE 9. ANY . le, '`i f.'By: Melissa D. Evans, Attorney -in -Fact F1:" • in ILO' :. •1 ori 4l 0, .41 fie a ill "'Sid ST. PAUL FIRE AND MARINE INSURANCE COMPANY ,' • &irety 38S WdhiflItou Street. SL Paul, Minnesota 53102 CERTIFIED For verification of the auonntichy of dais Power of Attorney, y0u my telephone toll free 1.300.421.3880 sed ask for • COPY NO. the Power of Attorney Clerk. Please refer to the Cannata of Authority No. and the nand Individual(s). F-14787 GENERAL POWER OF ATTORNEY " CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY TTtESE PRPSEN' St That St. Pad The and Madge Ia.raerm Cempwy, s corporation organized and existing order the laws of be Sae of Minnesota, having its principal office in the City of Si. Paul. Minnesota, does hereby eosins and apolar: John T. Iockton, III, James C. Pateidl, Michael C. Frost, David M. Iockton, Janet L. Nehlcop, Melissa D. Evans, Patrick T: Pribyl, Douglas individually, Michael Diane Angers, Kevin D. Kalish, Batty 1. MoCYsight, as its neva and lawful attorney(s)-In-fact to execute, sol and deliver for end m its SAW a way. my and YI bonds and undenddngs, recognizance*, contracts of indemnity and other wdtinga obliptory in the areae thereof, which are or may M allowed. required or pertained by law, statute, rule, rcgulanon, contrast ea ebony's*, tor ,lo E ZED TN PENALTY ME I714 CF FIFTY MZLLICIII MUMS ($50,000,000)FAC1i of these presents, shall be u binding spm said St. Ptd Fire and Monne Insurance Cotapany, u fully and This harehoof A Ito UI. FIRE Ind may a IMS I In MndA mel a COMPevoked,ANY M s mit d utd pay a Arca Y.a.(+vn.C7 of Ill. Byl cwt by HO Shareholders Of pA�UI.1� AND MAIUNI; INSURANCE C(1MPANY u e artUn/ tonal and M on the 1B(h day of April, X97/, of which IM follow* Is a ltie ItaiseHpl used "Rhe President or any Vice President, Assistant vice President, Secretary or Sereioe Censer General Manager shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Contpeny, and mach the Seal of the Company thereto, bonds and uadertdtings, mcognisanors, contracts of indemnity and other writings obligatory iw the nature thereof, ad issued to pursuance of this aaedoa (2) To appoints Attomeys-in-fact, who we hereby authorised to artily so copies of any power -memoir and/or any of the By -Laws of the Company, and Oven him." (3) To remove. at any tine, shy such Attorney-in-fact or Special Attorwq•in-fa t and revoke the authority glata meeting duly called ad Pother, this Powe of Moray is Biped and sealed by facsimile punuam to resolution d the Board of Mean of said Company adopted held on the Sean day of May, 1959. of which to following le a true excerpt:of gnome or an conflate relating thereto by "Now therefore the signatures of such officers and die sed ante Company may be affixed to ant such power y }the facsimile, and any such power of anorney or certificate bearing such facsimil .ignws a facsimile seal shall be valid and binding u tun wild pagrespect d any such power so executed and certified by facsimile apneas and facsimile sal shall be valid and binding upon the Company any bond or undertaking to which it is attached." IN TESTIMONY WHEREOF, St. Ped Fla and Marble fwsaaawa Campeel has caned this inamurnsnt to be signed and its corporate sed to be affixed by its authorized officer, this 30th day of November. AD. 1990. EY. PAUL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF AUTHORITY NO. 2036516 and the execution of d1 such see, as of the in a b pursuance elected officers d its principal office. apply, to all rowers and purposes, u if the suns had been duly executed and acknowledged by regularly STATE OF NEW JERSEY l sa County of Somerset J KENNETH J. IEYAN. SeaKay On ads 25th day a March 1997 • _before me came the individual who executed the Mg instrument. to one '' 1 personally known, and. by fns duly sworn, said that Ie/ale h be thereindescribedCorps nd officer Sal and °fSt. Paul Me and Moine Insureme Cempyres dg were duly affixed by oyer a sae that the seal crud said Iw to said nsment (athe Corporals Sal of mid Company that the 1. Board of Directors of said Company. IN TESTIMONY WHEREOF. I tare hereunto in my bead ad affixed my Mad Sad, at the township of Bedminster, New Jersey, the day and year Brat above written. 4(` • •1.1t0 r CERTIFICATION I tM 9ndmgniared omen of /1. Peel flea anti Mafhle Irentep aMitsvhL with. eon of the Wen of the Bytiwe of AIN ban y � isaift� 1itt PANY,full force and effect. dui the same ~ LWDA S � Notary Public, Middlesex, NI My Commission Expires Decanter 16.2001.;+j� GGBb h Oe hM31► Mews set v3 eompand the n IOW of the POW of__MMA cwnpany awl funh In rid Anrwneyy. with IMUAllf ON MlLt3 tN TH1�jili comet ttattaoripts dared. ad d alts *bole d to rid aigiads. ad ibM UseWal Peres' f Atternsy Irl rtt, . ��,�,TESTU4ONY WHEREOF, I have hereunto set trey bend this , 1.. dery of MAY 11 1998 19 F• +'1 dl6lner d Attorney teamed` t e Certifies d Authority No. prase i eat • the upper right Gomer is binding. Rape°plea• can sapM alt ;; ' earn Bert binding mot cls angry. ! t I, I opidatioatment Fi are invalid ISSUICD IN E-nSSOFTIrn,asL7YAMOciaETA=ABOFEUTOnrALLYTOM AND WITHOIJTANY YALIDFIY:! III�ll -- 20550 Rev. 1244 Prided In U.S.A. • yil'lp I h. t`leisesetar 1 • PALM BEACH COUNTY: INDIAN RIVER COUNTY 1840 25TH STREET VERO BEACH FL 32980 - RECEIVED OCT 12 1999 CLERK TO THE BOARD Pursuant to the Notice Section of the Agreement for the above referenced site, effective immediately all notices, demands or correspondence should be addre BellSouth Cellular Corp. 1100 Peachtree Street, N.E. Mail Stop 8A03 Atlanta, Georgia 30308 Attention:. Real Estate Department With a copy to: , ir�.r,.both.** '%1 "tdi}!b'P '_ w►- �F ___ r. real '.( jrw+rr' 70�tMla1+K'7 car 'p •,��� .�y eP °littliStS �Y Rrl `+�� �.avrwK +tl l trite iaL • :It • • 4 @ BELLSOUTH a.fS..ui C.6.1yF 1100 Nicht,' Stmt N.L Adapt . Oar* 30300.1601 CERTIFIED MAIL - Z302434528 Return Receipt Requested September 20, 1999 PALM BEACH COUNTY INDIAN RIVER COUNTY 1840 25TH STREET VERO BEACH, FL 32960 - Ra. Notice of Address Change for BMI Slta'ANW Dear Sir or Madam: RECEIVED OCT 12 1999 CLERK TO THE BOARD Pursuant to the Notice Section of the Agreement for the above referenced site, please be advised that effective immediately on notices, demands or correspondence should be addressed to: BellSouth Cellular Corp. 1100 Peachtree Street, N.E. Mail Stop 8A03 Atlanta, Georgia 30309 Attention: Real Estate Department With a copy to: BellSouth Cellular Corp. 1100 Peachtree Street, N.E. Suits 910 Atlanta, GA 30309 Attention: Legal Department 11 you have any questions, please feel fres to contact us at our tol--hae number (877) 231 5447. Sincerely, Sheryl E. Hand Rol Botato Monager , :v:'enre-'Xa«..►..+N.•wr-rasa.