HomeMy WebLinkAbout2005-243 R
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LESSEE Site I . D . South Reverse Osmosis Water Plant, No . 69023
LAND LEASE AGREEMENT
This Agreement , made this 19th day of July 20 05 between Indian
River County , a political subdivision of the State of Florida, with its mailing address located at
1840 25th Street , Vero Beach FL 32960 , hereinafter designated LESSOR , and VERIZON
WIRELESS PERSONAL COMMUNICATIONS LP d/b/a Verizon Wireless , with its principal
office located at 180 Washington Valley Road , Bedminster, New Jersey 07921 , hereinafter
designated LESSEE . The LESSOR and LESSEE are at times collectively referred to hereinafter
as the "Parties" or individually as the "Party" .
1 . PREMISES . LESSOR hereby leases to LESSEE a portion of that certain parcel
of property (the entirety of LESSOR ' s property is referred to hereinafter as the Property) , located
at 1550 91h Street SW , Vero Beach , Florida 32968 , and being described as a 70' by 70 ' parcel
containing 4900 square feet , as described in Deed Book 604 at Page 2159 , as recorded in the
Recorder ' s Office of Indian River County, State of Florida, together with the non -exclusive right
for ingress and egress , seven (7 ) days a week twenty- four (24 ) hours a day , (controlled by the
seven (7 ) days a week twenty- four (24) hours a day manned water plant ) on foot or motor
vehicle , including trucks , and for the installation and maintenance of utility wires , poles , cables ,
conduits , and pipes over, under, or along a twenty foot (20 ') foot wide right- of-way extending
from the nearest public right- of-way , 9th Street SW (Oslo Road) , to the demised premises . The
demised premises and right of way for ingress and egress and right of way for utilities
(hereinafter collectively referred to as the "Premises " ) are as described herein in Exhibit A
attached hereto and made a part hereof, and as shown on that certain survey attached hereto and
incorporated herein as Exhibit B .
In the event any public utility is unable to use the aforementioned right-of-way , the
LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE or to the public
utility at no cost to the LESSEE .
2 . SURVEY . LESSOR has granted to LESSEE the right to survey the Property
and the Premises , and said survey is attached hereto and made a part hereof as Exhibit B , and
shall control in the event of boundary and access discrepancies between it and Exhibit A . Cost
for such work shall be borne by the LESSEE .
3 . TERM . 3 . l . This Agreement shall be effective as of the date of execution
by both parties , provided, however, the initial term shall be for five ( 5 ) years and shall
commence on the Commencement Date (as hereinafter defined) at which time rental payments
will be due at an annual rental of Eighteen Thousand and 00/ 100 Dollars ($ 18 , 000 . 00) , subject to
increase as set forth in this Agreement, including any applicable sales tax , ( "rent" ) . Rent shall
be paid annually in one lump sum payment on the Commencement Date ( as hereinafter defined) ,
and on each successive anniversary of the Commencement Date during the term of this
Agreement , in advance , to LESSOR 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
crate . In the event rent is not received within ten ( 10) days of the due date , LESSEE shall pay a
late charge in the amount of Two Hundred and 00/ 100 Dollars ($ 200 . 00) . The Commencement
Date is defined as the first ( 0) day of the month following the date this Agreement is executed
by the parties or the first ( 0) day of the month following the date LESSEE is granted a building
permit by the governmental agency charged with issuing such permits , whichever event occurs
last ; provided, however, in no event shall the Commencement Date occur later than the first ( 0)
day of the month following the date that is three (3 ) months after the date this Agreement is
executed by the Parties .
3 . 2 . LESSEE shall furnish and install a separate electrical meter at the Premises for the
measurement of electrical power used by LESSEE ' s installation . LESSEE shall pay the local
utility provider directly for its power consumption at the Premises .
4 , EXTENSIONS . This Agreement shall automatically be extended for four
(4) additional five (5 ) year terms unless the LESSEE terminates it at the end of the then current
term by giving the LESSOR written notice of the intent to terminate at least six (6) months prior
to the end of the then current term .
5 . ANNUAL RENT INCREASE . Commencing on the first annual anniversary
of the Commencement Date and on each annual anniversary thereafter during the term of this
Agreement (including all extension terms) , annual rent shall increase by an amount equal to three
percent (3 %) of the annual rent due for the immediately preceding lease year.
6 . INTENTIONALLY ONIITTED ,
7 . USE; GOVERNMENTAL APPROVALS . LESSEE shall use the Premises for
the purpose of constructing , maintaining and operating a stealth flagpole , up to one hundred fifty
( 150) feet high, wireless communications facilities and uses incidental and all necessary
appurtenances . The stealth flagpole tower shall look and function as a flagpole with all antennae
located under an outer skin of fiberglass , plastic or similar material which will be conducive to
LESSEE ' s use of the stealth flagpole as permitted in this Agreement. Entrance to the exterior
skin of the stealth flagpole will be below ground rather than by elevated waveguide bridges . The
flag will be of such size and quality to gain the reasonable approval of the Indian River County
(the "County") . The flag and stealth flagpole will be illuminated at night at the expense of
LESSEE and will be fitted with hardware so the flag thereon can be flown at half mast and/or
lowered when necessary. A security fence consisting of chain link construction or similar but
comparable construction may be placed around the perimeter of the Premises at the discretion of
LESSEE (not including the access easement). All improvements shall be at LESSEE's expense
and the installation of all improvements shall be at the discretion and option of the LESSEE .
LESSEE 's initial installations shall be subject to LESSOR's prior written approval , which
approval shall not be unreasonably withheld, delayed or conditioned . Thereafter, LESSEE shall
have the right to replace , repair, add or otherwise modify its initial installations or any portion
thereof without LESSOR 's approval , whether the equipment is specified or not on any exhibit
attached hereto , during the term of this Agreement, provided LESSEE does not install any
equipment outside the boundaries of the Premises . In the event LESSOR's prior written approval
is required, LESSOR agrees not to unreasonably withhold, delay or condition its consent .
LESSEE will maintain the Premises in a good condition reasonable wear and tear excepted.
LESSOR will maintain the Property , excluding the Premises , in good condition , reasonable wear
(a) Workers ' Compensation in at least the limits as required by law ;
Employers ' Liability Insurance of not less than $ 100, 000. 00 for each accident .
(b) Commercial General Liability Insurance including, but not limited to ,
Independent Contractor, Contractual , Premises/Operations , Products/Completed Operation and
Personal Injury covering the liability assumed under the indemnification provisions of this
Agreement, with limits of liability for personal injury and/or bodily injury , including death , of
not less than $2 ,000 , 000. 00 , each occurrence ; and property damage of not less than
$ 1 ,000,000 . 00 , each occurrence . (Combined single limits of not less than $27000 ,000 . 00, each
occurrence , will be acceptable unless otherwise stated) . Coverage shall be on an " occurrence "
basis , and the policy shall include Broad Form Property Damage coverage and Fire Legal
Liability of not less than $ 50 , 000 . 00 per occurrence , unless otherwise stated by exception herein .
(c) Commercial Automobile and Truck liability covering owned, hired , and
non owned vehicles with combined single limits of not less than $2 ,000 ,000 . 00 , each occurrence .
Coverage shall be on an " occurrence " basis, such insurance to include coverage for loading and
unloading hazards .
(d) Builder's Risk Insurance LESSEE shall procure or cause the contractor to
maintain builder's risk insurance ( " all risk ") with limits equal to one hundred percent ( 100 % ) of
the completed value of the structure (s) , building(s) , or addition (s) . The policy must contain an
endorsement (or the equivalent) to provide coverage during transit and installation .
Each insurance policy shall include the following conditions by endorsement (or the
equivalent) to the policy:
( 1 ) The insurance provider shall endeavor to give LESSOR thirty (30) days
prior notice of cancellation of coverage, by mail to : Indian River County, Purchasing Division ,
2625 19th Avenue, Vero Beach , FL 32960-3335 .
(2) The insurance provider shall have no recourse against LESSOR for
payment of premiums or assessments for any deductibles which all are at the sole responsibility
and risk of LESSEE .
(3 ) The term "LESSOR" shall include all Authorities , Boards , Bureaus ,
Commissions , Divisions , Departments , and Offices of Indian River County and individual
members , employees thereof in their official capacities , and/or while acting on behalf of Indian
River County.
(4) The policy clause " Other Insurance " shall not apply to any insurance
coverage currently held by LESSOR to any such future coverage , or to LESSOR 's self insured
retention of whatever nature as relates to LESSEE ' s negligence .
(5 ) LESSOR shall be named as an additional insured on LESSEE ' s certificate
of insurance required to be provided to LESSOR with respect the general and automobile
liability coverage .
(a) Workers ' Compensation in at least the limits as required by law ;
Employers ' Liability Insurance of not less than $ 100 , 000 . 00 for each accident.
(b) Commercial General Liability Insurance including, but not limited to ,
Independent Contractor, Contractual , Premises/Operations , Products/Completed Operation and
Personal Injury covering the liability assumed under the indemnification provisions of this
Agreement , with limits of liability for personal injury and/or bodily injury, including death , of
not less than $2100000. 00 , each occurrence ; and property damage of not less than
$ 1 ,000,000 . 00 , each occurrence . (Combined single limits of not less than $ 2 ,000 , 000 . 00, each
occurrence, will be acceptable unless otherwise stated) . Coverage shall be on an " occurrence "
basis , and the policy shall include Broad Form Property Damage coverage and Fire Legal
Liability of not less than $ 50 , 000 . 00 per occurrence , unless otherwise stated by exception herein .
(c) Commercial Automobile and Truck liability covering owned, hired, and
non owned vehicles with combined single limits of not less than $ 27000 ,000 . 00 , each occurrence .
Coverage shall be on an " occurrence " basis, such insurance to include coverage for loading and
unloading hazards .
(d) Builder's Risk Insurance LESSEE shall procure or cause the contractor to
maintain builder's risk insurance ( " all risk ") with limits equal to one hundred percent ( 100 %) of
the completed value of the structure(s) , building(s) , or addition (s) . The policy must contain an
endorsement (or the equivalent) to provide coverage during transit and installation .
Each insurance policy shall include the following conditions by endorsement (or the
equivalent) to the policy :
( 1 ) The insurance provider shall endeavor to give LESSOR thirty (30) days
prior notice of cancellation of coverage , by mail to : Indian River County, Purchasing Division ,
2625 19th Avenue, Vero Beach , FL 32960-3335 .
(2) The insurance provider shall have no recourse against LESSOR for
payment of premiums or assessments for any deductibles which all are at the sole responsibility
and risk of LESSEE .
(3 ) The term "LESSOR" shall include all Authorities , Boards , Bureaus ,
Commissions , Divisions , Departments , and Offices of Indian River County and individual
members , employees thereof in their official capacities , and/or while acting on behalf of Indian
River County.
(4) The policy clause " Other Insurance " shall not apply to any insurance
coverage currently held by LESSOR to any such future coverage , or to LESSOR's self insured
retention of whatever nature as relates to LESSEE ' s negligence .
(5) LESSOR shall be named as an additional insured on LESSEE ' s certificate
of insurance required to be provided to LESSOR with respect the general and automobile
liability coverage .
10 . ANNUAL TERMINATION . Notwithstanding anything to the contrary contained
herein , and provided LESSEE is not in default hereunder and shall have paid all rents and sums
due and payable to the LESSOR by LESSEE, LESSEE shall have the right to terminate this
Agreement upon each annual anniversary of this Agreement provided that three (3 ) months prior
notice is given the LESSOR .
11 , INTERFERENCE. LESSEE agrees to have installed radio equipment of the
type and frequency which will not cause measurable interference to LESSOR ' s equipment
existing as of the Effective Date on the Property . If LESSEE ' s equipment causes such
installation , LESSOR may require LESSEE to power down the operation of the interfering
equipment (except for intermittent testing in order to determine whether such interference has
been ameliorated) . LESSOR agrees that LESSOR and/or any other tenants of the Property who
currently have or in the future take possession of the Property will be permitted to install only
such radio equipment that is of the type and frequency which will not cause measurable
interference with the existing equipment of the LESSEE. The Parties acknowledge that there
will not be an adequate remedy at law for non-compliance with the provisions of this paragraph
and therefore , LESSEE shall have the right to specifically enforce the provisions of this
paragraph in a court of competent jurisdiction .
12 . REMOVAL UPON TERMINATION. LESSEE , upon termination of the
Agreement, shall , within ninety (90) days , remove its building(s) , antenna structure (s) (except
footings) , fixtures and all personal property and otherwise restore the Premises to its original
condition , reasonable wear and tear and casualty excepted . LESSOR agrees and acknowledges
that all of the equipment, fixtures and personal property of the LESSEE shall remain the personal
property of the LESSEE and the LESSEE shall have the right to remove the same , whether or not
said items are considered fixtures and attachments to real property under applicable law . If such
time for removal causes LESSEE to remain on the Premises after termination of this Agreement,
LESSEE 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 the building , antenna
structure , fixtures and all personal property are completed. LESSOR expressly waives all rights
of levy, distraint or execution with respect to LESSEE ' s property, including without limitation
any statutory or common law security interest or landlord's lien for rent. Notwithstanding
anything herein to the contrary, upon mutual agreement of the Parties prior to the termination of
this Agreement, LESSOR may require that LESSEE leave the flagpole and chain link fence (if
any) located within the Premises , which items shall then become the property of LESSOR .
13 , INTENTIONALLY OMITTED ,
14 . RIGHTS UPON SALE . Should the LESSOR, at any time during the term of
this Agreement , decide to sell all or any part of the Property to a purchaser other than LESSEE,
such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any
sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted
shall be under and subject to the right of the LESSEE in and to such right-of-way.
15 . QUIET ENJOYMENT. LESSOR covenants that LESSEE , on paying the
rent and performing the covenants shall peaceably and quietly have , hold and enjoy the Premises .
16 . TITLE . 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 or affecting LESSOR 's title to the same and that there are no covenants , easements ,
restrictions or agreements binding on LESSOR or the Property which prevent the use of the
Premises by the LESSEE as set forth above .
17 . INTEGRATION . It is agreed and understood that this Agreement contains
all agreements , promises and understandings between the LESSOR and LESSEE and that no
verbal or oral agreements , promises or understandings shall be binding upon either the LESSOR
or LESSEE 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 and signed
by the Parties . In the event any provision of the Agreement is found to be invalid or
unenforceable , such finding shall not effect the validity and enforceability of the remaining
provisions of this Agreement . The failure of either Party to insist upon strict performance of any
of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement
shall not waive such rights and such Party shall have the right to enforce such rights at any time
and take such action as may be lawful and authorized under this Agreement , either in law or in
equity .
18 . GOVERNING LAW . This Agreement and the performance thereof shall be
governed , interpreted, construed , and regulated by the laws of the State in which the Property is
located. Venue for any lawsuit brought by either party against the other party or otherwise
arising out of this Agreement shall be in Indian River County , Florida, or in the event of federal
jurisdiction , in the United States District Court for the Southern District of Florida .
19 . ASSIGNMENT . This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE 's principal (s ) ,
affiliates , or any subsidiary of LESSEE , its principal ( s ) or affiliates ; to any entity which acquires
all or substantially all of LESSEE 's assets in the market defined by the Federal Communications
Commission in which the Property is located by reason of a merger, acquisition or other business
reorganization ; or to any entity which acquires or receives an interest in the majority of
communication towers of the LESSEE in the market defined by the Federal Communications
Commission in which the Property is located . LESSEE agrees to provide written notice of such
sale, assignment , or transfer to LESSOR as soon as reasonably practicable . As to other parties ,
this Agreement may not be sold, assigned or transferred without the prior written consent of the
LESSOR , which such consent will not be unreasonably withheld , delayed or conditioned.
LESSEE may sublet the Premises within its sole discretion , upon written notice to LESSOR .
Any sublease that is entered into by LESSEE shall be subject to the provisions of this Agreement
and shall be binding upon the successors , assigns , heirs and legal representatives of the
respective parties hereto .
20 . NOTICES . All notices hereunder must be in writing and shall be deemed
validly given if sent by certified mail , return receipt requested or by commercial courier,
provided the courier's regular business is delivery service and provided further that it guarantees
delivery to the addressee by the end of the next business day following the courier' s receipt from
the sender, addressed as follows (or any other address that the Party to be notified may have
designated to the sender by like notice) :
LESSOR : Indian River County
County Administration Building
1840 25th Street
Vero Beach , Florida 32960
Attention : Director of General Services
LESSEE : Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention : Network Real Estate
Notice shall be effective upon mailing or delivering the same to a commercial courier, as
permitted above .
21 . SUCCESSORS . This Agreement shall extend to and bind the heirs , personal
representatives , successors and assigns of the Parties hereto .
22 . SUBORDINATION AND NON-DISTURBAN E . At LESSOR ' s option , this
Agreement shall be subordinate to any mortgage or other security interest by LESSOR which
from time to time may encumber all or part of the Property or right-of-way ; provided, however,
every such mortgage or other security interest shall recognize the validity of this Agreement in
the event of a foreclosure of LESSOR 's interest and also LESSEE ' s right to remain in occupancy
of and have access to the Premises as long as LESSEE is not in default of this Agreement .
LESSEE shall execute whatever instruments may reasonably be required to evidence this
subordination clause . In the event the Property is encumbered by a mortgage or other security
interest , the LESSOR immediately after this Agreement is executed , will obtain and furnish to
LESSEE , a non -disturbance agreement for each such mortgage or other security interest in
recordable form. In the event the LESSOR defaults in the payment and/or other performance of
any mortgage or other security interest encumbering the Property, LESSEE , may , at its sole
option and without obligation , cure or correct LESSOR ' s default and upon doing so , LESSEE
shall be subrogated to any and all rights , titles , liens and equities of the holders of such mortgage
or security interest and the LESSEE shall be entitled to deduct and setoff against all rents that
may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct
such defaults .
23 . RECORDING . LESSOR agrees to execute a Memorandum of this Lease
Agreement which LESSEE may record with the appropriate Recording Officer at the sole cost of
LESSEE . The date set forth in the Memorandum of Lease is for recording purposes only and
bears no reference to commencement of either term or rent payments .
24 . DEFAULT . In the event there is a default by the LESSEE with respect to any
of the provisions of this Agreement or its obligations under it , including the payment of rent , the
LESSOR shall give LESSEE written notice of such default . After receipt of such written notice ,
the LESSEE shall have fifteen ( 15 ) days in which to cure any monetary default and thirty ( 30)
days in which to cure any non -monetary default , provided the LESSEE shall have such extended
period as may be required beyond the thirty ( 30) days if the nature of the cure is such that it
reasonably requires more than thirty (30 ) days and the LESSEE commences the cure within the
thirty (30) day period and thereafter continuously and diligently pursues the cure to completion .
The LESSOR may not maintain any action or effect any remedies for default against the
LESSEE unless and until the LESSEE has failed to cure the same within the time periods
provided in this Paragraph .
25 . ENVIRONMENTAL .
a . LESSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws , including any regulations , guidelines , standards , or
policies of any governmental authorities regulating or imposing standards of liability or
standards of conduct with regard to any environmental or industrial hygiene conditions or
concerns as may now or at any time hereafter be in effect , that are or were in any way related to
activity now conducted in , on , or in any way related to the Property , unless such conditions or
concerns are caused by the activities of the LESSEE .
b . LESSOR shall hold LESSEE harmless and indemnify the LESSEE from and
assume all duties , responsibility and liability at LESSOR Is sole cost and expense , for all duties ,
responsibilities , and liability (for payment of penalties , sanctions , forfeitures , losses , costs , or
damages) and for responding to any action , notice , claim , order, summons , citation , directive ,
litigation , investigation or proceeding which is in any way related to : a) failure to comply with
any environmental or industrial hygiene law , including without limitation any regulations ,
guidelines , standards , or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene concerns or conditions as may now or at any time hereafter be in effect , unless such
compliance results from conditions caused by the LESSEE ; and b) any environmental or
industrial hygiene conditions arising out of or in any way related to the condition of the Property
or activities conducted thereon , unless such environmental conditions are caused by the
LESSEE .
26 , CASUALTY . In the event of damage by fire or other casualty to the Premises
that cannot reasonably be expected to be repaired within forty-five (45 ) days following same or,
if the Property is damaged by fire or other casualty so that such damage may reasonably be
expected to disrupt LESSEE ' s operations at the Premises for more than forty-five (45 ) days , then
LESSEE may at any time following such fire or other casualty , provided LESSOR has not
completed the restoration required to permit LESSEE to resume its operation at the Premises ,
terminate this Lease upon fifteen ( 15 ) days written notice to LESSOR . Any such notice of
termination shall cause this Lease to expire with the same force and effect as 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, as of such termination date , with respect to
payments due to the other under this Lease . Notwithstanding the foregoing , all rental shall abate
during the period of such fire or other casualty .
27 . CONDEMNATION. In the event of any condemnation of the Property , LESSEE
may terminate this Lease upon fifteen ( 15 ) days written notice to LESSOR if such condemnation
may reasonably be expected to disrupt LESSEE ' s operations at the Premises for more than forty-
five (45 ) days . LESSEE may on its own behalf make a claim in any condemnation proceeding
involving the Premises for losses related to the antennas , equipment , its relocation costs and its
damages and losses (but not for the loss of its leasehold interest) . Any such notice of termination
shall cause this Lease to expire with the same force and effect as 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 as of such termination date with respect to payments due to the other
under this Lease .
28 . SUBMISSION OF LEASE . The submission of this Lease for examination does
not constitute an offer to lease the Premises and this Lease becomes effective only upon the full
execution of this Lease by the Parties . Each of the Parties hereto warrants to the other that the
person or persons executing this Lease on behalf of such Party has the full right , power and
authority to enter into and execute this Lease on such Party ' s behalf and that no consent from
any other person or entity is necessary as a condition precedent to the legal effect of this Lease .
29 . APPLICABLE LAWS . LESSEE shall use the Premises as may be required
or as permitted by applicable laws , rules and regulations . LESSOR agrees to keep the Property
in conformance with all applicable , laws , rules and regulations and agrees to reasonably
cooperate with the LESSEE regarding any compliance required by the LESSEE in respect to its
use of the Premises .
30 . SURVIVAL . The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement .
Additionally , any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration .
31 . CAPTIONS . The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement . They shall not affect or be
utilized in the construction or interpretation of the Agreement .
32 , REVENUE SHARING. LESSEE may sublease any portion of the Property
at its sole discretion , upon prior written notice to LESSOR . Any sublease that is entered into by
LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the
successors , assigns , heirs and legal representatives of the respective parties hereto . The term
" Sublease" , "Sublet" , "Sublessee" and any other similar term shall apply to any situation by
which LESSEE allows a third party use of the Property for co -location , whether it be by formal
sublease , license or other agreement. All rights and responsibilities of LESSEE set forth in this
Agreement shall be enjoyed by and binding on any Sublessee .
In the event LESSEE subleases any portion of the Property , in accordance with this
Agreement , any rental paid by any Sublessee (s) shall be divided between the LESSOR and the
LESSEE in the following manner : 50 % to LESSOR and 50 % to LESSEE . Any Sublessee shall
be instructed to pay the foregoing percentage amounts directly to the LESSOR and the LESSEE .
For all Subleases of any nature whatsoever, LESSEE will provide LESSOR with a tri -party
agreement to be executed by the LESSEE , it ' s Sublessee , and LESSOR to confirm direct
payment obligation from the Sublessee to the LESSOR and to indicate LESSOR has been
notified of the sublease ; and LESSEE shall have no liability of any nature to LESSOR in the
event of failure of payment by Sublessee . It is understood and agreed by the Parties that the
foregoing rental percentage amounts shall only apply if LESSEE is able to accommodate all of
Sublessee ' s facilities within LESSEE 5s Property . If LESSEE is unable to accommodate any or
part of Sublessee ' s facilities within the Property , then LESSOR may enter into an agreement
with the Sublessee for a portion of the property that Sublessee requires to locate its facilities . In
this event , LESSEE shall receive 100 % of the rental for that portion of the facilities that are
located within the limits of the Property and LESSOR shall receive 100 % of the rental ,
negotiated by LESSOR and Sublessee , for the portion of Sublessee ' s facilities that are located on
the property outside LESSEE ' s Property .
Notwithstanding any other provision of this Agreement , the LESSEE shall not be
required to obtain approval from the LESSOR for the Subletting of the Property or part thereof;
however, LESSEE shall provide written notice thereof to LESSOR . LESSEE shall have the sole
right to determine whether it will Sublet any portion of the Property or whether it will sublease to
any specific Sublessee .
33 , CAPITAL CONTRIBUTION. Concurrent with the execution of this
Agreement by LESSEE , LESSEE shall tender to LESSOR , as a capital contribution , a check in
the amount of Fifteen Thousand and 00/ 100 Dollars ($ 15 , 000 . 00) .
34 . TAXES . LESSEE shall pay as additional rent any documented increase in
real estate taxes levied against the Property which are directly attributable to the improvements
constructed by LESSEE within the Premises . LESSOR shall provide to LESSEE a copy of any
notice , assessment or billing relating to real estate taxes for which LESSEE is responsible under
this Agreement within ten ( 10) days of receipt of the same by LESSOR . LESSEE shall have no
obligation to make payment of any real estate taxes until LESSEE has received the notice ,
assessment or billing relating to such payment as set forth in the preceding sentence . LESSEE
shall have the right, at its sole option and at its sole cost and expense , to appeal , challenge or
seek modification of any real estate tax assessment or billing for which LESSEE is wholly or
partly responsible for payment under this Agreement . LESSOR shall reasonably cooperate with
LESSEE in filing , prosecuting and perfecting any appeal or challenge to real estate taxes as set
forth in the preceding sentence , including but not limited to , executing any consent to appeal or
other similar document . LESSEE shall be responsible for the payment of personal property taxes
on LESSEE ' s wireless communications equipment which may be located on the Property, and
agrees to pay the same in a timely manner.
IN WITNESS WHEREOF , the Parties hereto have set their hands and affixed their
respective seals the day and year first above written .
LESSOR :
Indian River County
By _ � j �
Thomas S . Lowthq , chaff r
Date approved by>tCC : 07 - 19- 2005
Attest J . K . B4&3b k of Cour
By
Deput 'rk
Approved :
Joseph A . a d , County Administrator
AMariafnE
d as to form an ega ff y :
. ell , Assistan " ty At mey
LESSEE :
Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
WITNESS
BY :
Name : _ yL=" « Name : Hans F . Leutenegger
Area Vice President - Network
South Area
Name :
# 1765804_v6
DESCRIPTION DP LEssoa P(gopeW
.S BY aJIM
The North 5 acres of the East 8.48 acres of the West 18 . 48 acres of Tract
16 . Section 231 Township 33 South, Range 39 East, according to the Lost
General Plot of lands of Indian River Forms Company, filed in the office
of the Cleric of the Circuit Court of St. Lucie County , Florida , in Piot
Book 2 , Page 25 . less canal and road rights —of — way; said lands now
lying and being in Indian River County, Florida .
Together with
The West 10 acres of Tract 16, Section 23, Township 33 South, Range 39 East,
according to the lost general plot of lands of Indian River Forms Company,
filed in the office of the Clerk of the Circuit Court of sL Lucie County,
Florida , in Plot Book 2 , Page 25 .
Soid lands now lying and beim in Indian River County, Florida .
DESCRIPTION OF LESSEE`; POVH SES
A Parcel of land lying in the Wm 10 acres of Tract 16, Section 23, Township
33 South , Ronge 39 East, according to the lost general plot of land$ of the
Indian River Forms Company, as recorded in Plat Book 2, Po(
e 25, of the
Public Records of St Lucie County, Florida, said lands now lying and being in
Indian River County, Florida, said parcel being more porticulody described
os follows_
Commencing at the Southeast corner of said Section 23 , proceed North 89'
41 ' 30" West along the South fine of sold Section 23, o distance of 1190.32
feet. thence departing said Section line. North 00' 18 ' 30 ' East o distance
of 1167. 12 feet to the POINT OF BEGINNING; thence North Off 21 ' 28" East
e distance of 70 .00 feet; thence South 89' 56' 32 ' East o distance of
70.00 feet thence South 00' 21 ' 28' West a distance of 70.00 feet; thence
North 85 56' 32 ' West a d'atonce of 70 .00 feet to the POINT OF BEONNING .
Containing on area of 4 ,900 squore feet
DESCRIPTION OF PROPOSED 20 ' ACCESS EASEM N
A 20 foot ride strip of land lying in the West 10 oores of Tract 16, section
23 . Township 33 South, Range 39 East, according to the last general plot
of lands of the Indian River Forms Company, as recorded in Plat Book 2,
Poge 25 , of the Public Records of St Lucie Courcy, Florida , said lomds now
lying and being in Indian River County Florida, said strip also lying in o
Portion of the North 5 acres of the East 8 .48 acres of the West 18. 45
acres of said Tract 16 , the sidelines of said 20 foot wide strip lying 10.00
feet on each side of the following described centerline.
Commencing of the Southeast corner of said Section 23. proceed North 89'
41 ' 30� West along the south rine of said Section 23, a distance of 1190.32
feet; thence deporting said Section line, North 0O' 18 ' 30' East a distance
of 1157. 12 feet to the POINT OF BEGINNING of the herein described centerline;
thence South 89' 56' 32" East o distance of 104 .55 feet; thence South
37' 39 ' 25 " East a distance of 105 . 30 feet; thence South 41 " 05 ' 12 `
East a distance of 62,91 feet to a point on a curve concave Southeasterfy,
having a radius of 726. 41 feet. said point having a radial line bearing
South 68' 32 ' 30 ' East; thence said
and counterclockwise along
the orc of said curve, through a central angle of 20' 44 ' 05 o distance
of 262 .88 feet to a point on said curve having o radial line beorin�
South 89' 16 ' . 35" East; thence deposing said curve . South 00' 19' 00
West o distance of 7+0.53 feet to a point on the North right—of —woy kne
of Oslo Rood , said Point lying 30.00 feet North of the aforementioned South
line of Section 23, said pant olso being the POINT OF TERMINATION of the
herein described cerderfine .
The sidelines of acid easement to be extended or trimmed, as necessary,
to meet at angle ' points oftd meet the North right—of —way fine of Oslo Rood
at the point of termination .
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Prepared By and Returned To .
Jason S . Gibson , Esq.
Holland & Knight LLP
P. O. Box 14070
One East Broward Boulevard , Suite 1300
Fort Lauderdale, Florida 33301
LESSEE's Site I .D. : South Reverse Osmosis Water Plant, No . 69023
SHORT FORM OF LEASE AGREEMENT
This Short Form of Lease Agreement ("Memorandum") is made this 191h day of
Jul y , 200 5 , between Indian River County, a political subdivision of the State of
Florida with its principal offices located at 1840 25th Street, Vero Beach , Florida 32960 , hereinafter
designated LESSOR and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless ,
a limited partnership of the State of Delaware , with its principal offices at 180 Washington Valley
Road, Bedminster, New Jersey 07921 , hereinafter designated LESSEE.
1 . LESSOR and LESSEE entered into that certain Land Lease Agreement ( "Lease " ) on
July 19 , 200 5 for a term of five (5 ) years with four (4) additional , automatic five (5 )
year renewals thereafter unless terminated in accordance with the terms of the Lease .
2 . In consideration of the rental set forth in the Lease , LESSOR hereby leases to LESSEE
a portion of that certain parcel of property (the entirety of LESSOR ' s property is referred to
hereinafter as the Property) , located at 1550 9th Street SW , Vero Beach , Florida 32968 , and being
described as a 70 ' by 70 ' parcel containing 4900 square feet, as described in Deed Book 604 at
Page 2159 , as recorded in the Recorder' s Office of Indian River County, State of Florida, together
with the non -exclusive right for ingress and egress , seven (7 ) days a week twenty-four (24) hours a
day, (controlled by the seven (7 ) days a week twenty-four (24) hours a day manned water plant )
on foot or motor vehicle , including trucks , and for the installation and maintenance of utility wires ,
poles , cables , conduits , and pipes over, under, or along a twenty foot (20') foot wide right-of-way
extending from the nearest public right-of-way, 9th Street SW (Oslo Road) , to the demised
premises . The demised premises and right of way for ingress and egress and right of way for
utilities (hereinafter collectively referred to as the "Premises ") are as described herein in Exhibit A
attached hereto and made a part hereof, and as shown on that certain survey attached hereto and
incorporated herein as Exhibit B .
3 . The Lease is effective as of the date set forth in Paragraph 1 above and the term of the
Lease commences as set forth in the Lease . A copy of the Lease is on file in the office of
the
LESSOR and LESSEE .
4 . The terms , covenants and provisions of the Lease are hereby incorporated into this
Memorandum, and such terms , covenants and provisions shall extend to and be binding upon the
respective executors , administrators , heirs , successors and assigns of LESSOR and LESSEE .
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and
LESSEE have caused this Memorandum to be duly executed as of the date first written above .
LESSOR :
Indian River County
By — S
Thomas S . Lowther, Chairman
Date approved by� BCC : 07 - IL 2005
Attes . J . K . Bartdn , Cle f Court .
y%ok QA
Deputy , � , .erk
Approved : `'
Joseph A . Baird ounty Administrator
r as t iency :
an e 1 , As ` ant C unty Attorney
LESSEE :
Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
WITNESSES :
Y, BY :
Name : STE ✓EAv f Name : Hans F. Leutenegger
Area Vice President , Network, South Area
Name :
# 3028853_v2
STATE OF FLORIDA )
ss .
COUNTY OF INDIAN RIVER )
The foregoing instrument was acknowledged before me this 19th day of
July , 20a5 by Thomas S . I nwthpr , the Chairman of Indian River
County , a political subdivision of the Heat ^f Flnida on behalf of said political subdivision .
He/She is personally known to me or------- has produced
Notary Public : _ 1, L �h a kT
Name of Notary Printed : Kimberly E . Massung
(NOTAI1ritng
MY COMMISSION # DD216503 EXPIRES
My commission expires : ,duly 150 2007 a�= July 15, 200
•.' •oFF,�d;� BONDED THRU TROY FAIN INSURANCE, INC
My commission number is : DD216503
STATE OF � )
ss .
COUNTY OF kl_9' (
The foregoing instrument Jwas acknowledged before me this day of
W , 2001 by Hans F. Leutenegger, as Area Vice President , Network, South Area
of Verizo ` Wireless Personal Communications LP d/b/a Verizon Wireless , a Delaware limited
partnership , on behalf of the limited partnership . He is personally known to me or has produced
as identification .
.t . • OFFICIAL, SEAL ' Notary Publi
Nolimy PIJb0c, North CerOIW*
county of oeston
3usen E Loral Name of Not ry Printed :
Cx ans � E st8/ /
0't
(NOTARY SEAL)
My commission expires : <� S
My commission number is : �1
EXHIBIT " A "
(Legal Descriptions of Property and Premises)
DESCRIPTION OF Lpssoa PWgj °
AS Er aANT
The North 5 acres of the East 8.48 acres of the West 18 .48 acres of Tract
16 , Section 23 , Township 33 South, Range 39 East, according tc the Last
General Pict of lands of Indian River Forms Company, filed in the office
of the Clerk of the Circuit Court of St. Lucie County , Florida ,. in Plot
Book 2, Page 25 , less canal and road rights —af— way; said lands now
lying and being in Indian River County, Florida.
Together with
The West 10 acres of Tract 16 , Section 23, Township 33 South, Range 39 Eost,
according to the lost general plot of lands of Indian River Forms Company,
filed in the office of the Clerk of the Circuit Court of SL Lucie County,
Florida , in Piot Book 2 , Page 25 .
Said lands now lying and beim in Indian River County, Florido .
DESCRIPTION OF �SsEEs PM-1ISE$
A parcel of land lying in the West 10 acres o1 Tract 16, Section 23, Township
33 South , Range 39 East, according to the lost general plot of landLs of the
Indian River Fortes Company, as recordco' in Plat Book 2, Page 25, of the
Public Records of SL Lucie County. Fiorido , said lands now lying and tieing in
Indian River County, Florido, said parcel being more particularly described
as follows:
Commencing at the Southeast comer of =id Section 23 , proceed North 89'
41 ' 30' West along the South fine of said Section 23, a distance of 11910-32
feet; thence deporting sold Section line, North Off 18 ' 30' East o distance
of 1167 . 12 fact to the POWT OF BEGINNING; thence North 00' 21 ' 28' East
a distonce of 70 .00 feet; thence South 89' 56' 32 ' East o distance of
70.00 feet thence South 00' 21 ' 28' West o distance of 70.00 feet;; thence
North 85 56' 32 ' West a distance of 70.00 feet to the POINT OF 8CC4NNING .
Conioin'ing on area of 4 ,900 square feet
DESCRIPTION OF PROPOSED ZO ' ACCESS EASEM Nr
A 20 foot wide strip of land lying in the West 10 acres of Tract 16, Section
23" Township 33 South, Range 39 East, according to the lost general plot
of lands of the Indian River Forms Company, as recorded in Piot Book 2,
Page 25, of the Public Records of SL Lucie County, Florida , said lands now
lying and being in Indwh River County Florida, Said strip oiso lying in a
Portion of the North 5 acres of the East 8.48 acres of the West 18. 45
acres of said Tract 16 , the sidelines of said 20 foot wide strip lying 10.00
feet on each side of the following described centerline:
Commencing at the Southeast corner of said Section 23. proceed North 89'
47 ' 30 ' West along the South rim of said Section 23, a distance of 1190.32
feet; thence deporting said Section line, North 00' 18 ' 30 ' East a distance
of 1157. 12 feet to the POW OF BEGINNING of the herein described centerline;
thence South 89' 56' 32' East o distance of 104 .55 feet; thence South
37' 39 ' 25 ' East a distance of 105. 30 feet; thence South 41 ' 05 ' 12 "
East a distance of 62.91 feet to a point on o curve concove southieasterty,
having a radius of 726. 41 Leet, said point having a radial line bearing
East, h
South 68' 32 " 30' ence Southwesterly and counterclockwise olong
the arc of soil curve. through a central angle of 20' 44 ' 05 , o distance
of 262 .88 feet to a point on said curve honing o radial line beorinc�
South 89' 16" . 35' East; thence deporting said curve , South 00' 19 ' 00
West a distonce of 740 .53 feet to a point on the North right—of —way line
of Oslo Rood , said paint lying 30.00 feet North of the aforementioned South
lime of Section 23, said point also being the POINT OF TERMINAT10N of the
herein described centerline .
The sidelines of said easement to he extended or trimmed , as necessary,
to meet at ongie ` points olid meet the North right —of—way fine of Oslo Rood
at the point of termination.
EXHIBIT " B "
(Depiction of Property and Premises )
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FLORIDA SALES TAX EXEMPTION CERTIFICATE
VERIZON WIRELESS PERSONAL COMMUNICATIONS LP d/b/a VERIZON WIRELESS , a
Delaware limited partnership , hereby certifies to Indian River County , a political subdivision of
the State of Florida ( "Landlord " ) that the premises subject to that certain Land Lease Agreement,
dated - 20ODS , between Landlord and Verizon Wireless , is to be used
for the #facemat of towers , antennas , cables , accessory structures , or equipment used in
providing cellular communications services , personal communications services , paging services ,
specialized mobile radio services , or some other form of mobile one -way or two-way
communications services . The undersigned understands that when any person fraudulently , for
the purpose of evading tax, issues to a vendor, or to any agent of the state , a certificate or
statement in writing in which he or she claims exemption from the sales tax , such person, in
addition to being liable for payments of the tax plus a mandatory penalty of 200 % of the tax , shall
be liable for fine and punishment provided by law for conviction of a felony of the third degree ,
as provided in s . 775 . 082 , s . 775 . 083 , or s . 775 . 084 , Florida Statutes .
Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless 80-00-p07049-66-0
Lessee/Licensee ' s Name (Print) Florida Sales Tax Certificate #
0000403046 KNLF230 — Miami -Fort Lauderdale
Florida Communications Tax # FCC License Number
Antennas/Equipment used to provide (check one) :
Cellular ESM X PCS Paging
s--
Signature of authorized representative Date
Hans F. Leutene�zger 75 -2681333
Print name of authorized representative Federal Tax I . D . Number
Area Vice President — Network South Area 908 -306 -7000
Title of authorized representative Telephone Number
# 3028942_v2