HomeMy WebLinkAbout2007-069 0 -7
LESSEE Site I.D. : Indian River Sea Oaks, No. 69022
LAND LEASE AGREEMENT
This Agreement, made this 20th day of February , 2007 between Indian
River County, a political subdivision of the State of Florida, with its mailing address located at
1840 25`h 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 One Verizon Way, Basking Ridge, New Jersey 07920, 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 8865 N. Hwy. AIA, Vero Beach, Indian River County, Florida 32963 and being described as a
25 ' by 100' parcel containing 2500 square feet, as described in Deed Book 843 at Page 2237 , 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,
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 fifteen foot ( 15 ') wide right-of-
way extending from the nearest public right-of-way, N. Hwy. AlA, 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.
LESSEE shall provide LESSOR with a copy of " as-built" plans depicting its initial installations
at the Premises promptly upon completion of construction thereof. Cost for such work shall be
borne by the LESSEE.
3 . TERM. 3 . i .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
date. 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 ( I ") 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 ( 1 ")
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 OMITTED .
7 . USE ; GOVERNMENTAL APPROVALS . LESSEE shall use the Premises for
the purpose of constructing, maintaining and operating a stealth flagpole, up to eighty (80) 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, including the appearance and functioning of the flag and flagpole according to the
specifications contained herein, in a good condition reasonable wear and tear excepted.
LESSOR will maintain the Property, excluding the Premises, in good condition , reasonable wear
and tear excepted. It is understood and agreed that LESSEE's ability to use the Premises is
contingent upon its obtaining after the execution date of this Agreement all of the certificates,
permits and other approvals (collectively the "Governmental Approvals") that may be required
by any Federal , State or Local authorities as well as satisfactory soil boring tests which will
permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE
in its effort to obtain such approvals and shall take no action which would adversely affect the
status of the Property with respect to the proposed use by LESSEE . LESSEE, upon LESSOR ' s
reasonable request from time to time, will provide LESSOR with current copies of its
Governmental Approvals relating to its use of the Premises . In the event that any of such
applications for such Governmental Approvals should be finally rejected or any Governmental
Approval issued to LESSEE is canceled, expires , lapses, or is otherwise withdrawn or terminated
by governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE in
its sole discretion will be unable to use the Premises for its intended purposes or the LESSEE
determines that the Premises is no longer technically compatible for its intended use, LESSEE
shall have the right to terminate this Agreement . Notice of the LESSEE's exercise of its right to
terminate shall be given to LESSOR in writing by certified mail , return receipt requested, and
shall be effective upon the mailing of such notice by the LESSEE. All rentals paid to said
termination date shall be retained by the LESSOR. Upon such termination , this Agreement shall
become null and void and all the Parties shall have no further obligations including the payment
of money, to each other.
8 . INDEMNIFICATION. In consideration of the sum of Fifteen and 00/ 100
Dollars ($ 15 .00), the receipt and sufficiency of which is acknowledged by LESSEE, LESSEE
shall indemnify, defend, and hold harmless LESSOR and its agents and employees from and
against all liabilities, claims, damages , losses, and expenses, including attorney's fees , arising out
of or resulting from LESSEE' s use of the Premises, provided that any such liability, claim,
damage, loss, or expense : a) is attributable to bodily injury, sickness, disease or death , or to
injury to or destruction of tangible property, including the loss of use resulting therefrom; b) is
caused by any negligent act or intentional misconduct of LESSEE, its agents, employees and
contractors; and c) is not caused by the negligence or willful misconduct of LESSOR.
9. INSURANCE.LESSOR and LESSEE hereby waive any and all rights of action
for negligence against the other which may hereafter arise on account of damage to the Premises
or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what amounts,
such insurance is now or hereafter carried by the Parties, or either of them. During the term of
this Agreement, LESSOR shall procure, pay for, and maintain comprehensive general liability
and property liability insurance with liability limits of not less than $2,000,000 combined single
limit for injury to or death of one or more persons in any one occurrence and for damage or
destruction to property in any one occurrence. Further, during the term of this Agreement,
LESSEE shall procure, pay for, and maintain at least the following insurance coverages and
limits, evidenced by delivery to LESSOR of certificates of insurance executed by the insurers
listing coverages and limits , expiration dates and terms of policies, and listing all carriers issuing
said policies:
(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 $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 $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 .
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 .
It . 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
Director of Utility Services
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-DISTURBANCE. 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' s 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 Agreement 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 Agreement 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
Agreement and the parties shall make an appropriate adjustment as of such termination date with
respect to payments due to the other under this Agreement.
28. SUBMISSION OF LEASE. The submission of this Agreement for examination
does not constitute an offer to lease the Premises and this Agreement becomes effective only
upon the full execution of this Agreement by the Parties . Each of the Parties hereto warrants to
the other that the person or persons executing this Agreement on behalf of such Party has the full
right, power and authority to enter into and execute this Agreement 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 Agreement.
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 Premises
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 Premises 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 in the form attached hereto as Exhibit "C " to be executed by the LESSEE, its
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 the Premises. If
LESSEE is unable to accommodate any or part of Sublessee ' s facilities within the Premises, 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 Premises 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 the Premises .
Notwithstanding any other provision of this Agreement, the LESSEE shall not be
required to obtain approval from the LESSOR for the Subletting of the Premises 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 Premises 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, hereunto and to a duplicatq 4efeof, LESSOR and LESSEE
have caused this Memorandum to be duly executed as of the date 'first,wtitten above.
LESSOR , ,\ ;' Y
Indian River�Count} ` t
By:
Gary C . 7eeler , Chairman
Date approved by BCC : 02 /20 / 07
Attest: , ., K. Bartory Clerk of Court
By c fir _ ( _
Deputy Clerk
Approved: ,
J s ph A. Baird, County Administrator
Appr s to ency:
Marian E . Fell , ssistant County Attorney
LESSEE:
Verizon Wireless Personal Communications LP
d/b/a Vin
irel ss
WITNESSES :
4 — BY:
Name : Steven B . Cele Name: Leutenegger
Area Vice President, Network, South Area
Name: Bonnie L. Darrenkbmr
# 4112703_v2
3
Exhibit "A"
(Description of Property and Premises)
DESCRIPTION OF F&q_EEKTY
AE %CPwrYO IN OFF/CAL RF-COwDS Bri e13, PAGE 2239,
LvoA*v ,RhER COUN?: rt0l PURL C RECORDS
'hot portion of Government Let 2, in Section 25 , Township 31 South,
longe 39 East, lying ono being in in
River County, Florida, described
is follows '
,ommence of the Southwest corner of said Government Lot 2; thence run
South 89' 47' 30" Ecst for 91 .67 feet to the point of beginning; thence
un North 55' 38' 22" East for 90.40 feet; thence run North 37- 39' 49"
Cast for 191 .C5 feet; thence run North 64' 08' 21 " East for 264.37 feet,
o the Westerly right of way line of State Road No. A1A, having a 100 foot
title fight of way; thence run Southeasterly olong said right of way line,
an the arc of a circular curve to the right, concave Southwestertr, having
i radius of 5693.88 feet, through a central angle of 03' 36' 09 , for an
rrc distance of 358.00 feet, to the South line of said Government Lot 2;
hence run North 89' 47 ' 30" West, for 590. 19 feet to the point of beginning.
)ESCRIPTION OF LESSEE P IZ& M IS E,1�
' hat portion of Government Lot 2 in Section 25, Township 31 South,
longe 39 East, lying and being in Indian River County, Florida, described
as follows:
:orornence at the Southwest corner of said Government Lot 2; thence run
rmtn 89' 49' 40" East along the South line of said Government Lot 2,
I distance of 91 .67 feet; thence continue South 89' 49' 40" East along
:he South line of said Government at 2, a distance of 412 ,76 feet; thence
North 00' 09 ' 17° East a distance of 36.26 feet to the POINT OF BEGINNING;
thence North 8950' 43 " West a distance of 25.00 feet; thence North
JO' 09 ' 17" East o distance 100.00 feet; thence South 89' 50' 43" East
a distance of 25.00 feel; thence South W' 09' 17" West a distance of
100. 30 feet to the POINT OF BEGINNING.
Containing on Oreo of 2,500 square feet .
DESCRIPTION OF ACCESS & UTILITY EASEMENT
4 15 .00 foot wide strip of fond in Government Lot 2, in Section 25,
Township 31 South , Range 39 East, Indian River County, Florida, the sidelines
o' which lying 7.SC feet on each side of the following described centerline:
,ummence ul the Southwest corner of said Government Lot 2; thence run
South 89' 49 ' 40" East along the South line of said Government Lot 2,
a distance of 91 .67 feet; thence continue South 89' 49' 40" East along
the South line of said Government Lot 2, a distance of 412.76 feet; thence
North 00' 09' 17" East a distance of 36.26 feet; thence North 89' 50' 43"
West O distance of 1750 feel to the POINT OF BEGINNING of the herein described
centerline; thence South 00' 09' 17" West a distance of 28.76 feel; thence
South 89' 49 ' 40" East, parallel to and 7.50 feet Northerly of, when measured
right Orales to, said South Fre of Government Lot 2, a distance of 131 . 18 feet;
thence North 67 43' 14" East o distance of 54.64 feet to a point on the
West right— of—way (r/w) line of State Road No. AIA ( 100' r/w width), said
point being the POINT TERMINATION of the herein described centerline.
The sidelines of sold 15 foot wide strip to be extended or trimmed, as
necessary, to form one ronti9uous shape, and to meet the Westerly r/w
li•ie of State Road No. AIA at the point of termination.
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VI: I v.am
Exhibit "C"
(Form of Tri -Party Agreement)
Lessee' s Site ID:
TRI-PARTY SUBLEASE AGREEMENT
This Tri -Party Sublease Agreement ("Agreement") is made and entered into this
day of , 20_ by and among INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, with a mailing address located at 1840 25`h Street, Vero Beach ,
Florida 32960 , hereinafter designated "Owner" , 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 " ,
and a , with its mailing address
located at hereinafter referred to as
" Sublessee" .
RECITALS
WHEREAS , Owner is the owner of certain real property situated at
(hereinafter the "Property") .
WHEREAS , Owner and Lessee entered into that certain Land Lease Agreement dated
(hereinafter referred to as the "Prime Lease " ) , attached hereto as
Exhibit 1 , whereby Lessee leased a portion of the Property legally described in the Prime Lease
(herein the "Premises") for the purpose of constructing and operating a communications tower
and facilities .
WHEREAS, Sublessee desires to sublease from Lessee both ground space and tower
space to install , maintain and operate a communications facility.
WHEREAS, Section 32 of the Prime Lease requires any sublessee co-locating within the
Premises to execute this Agreement.
WHEREAS, this Agreement shall constitute Lessee's written notice to Owner of a
sublease of the Premises as required by Section 32 of the Prime Lease.
NOW, THEREFORE , for and in consideration of the covenants and conditions set forth
herein , and other good and valuable consideration , the receipt and sufficiency of which are
hereby acknowledged, the parties hereto hereby agree as follows :
1 . The foregoing Recitals are true and correct and are incorporated herein by
reference.
2. Pursuant to Section 32 of the Prime Lease, Sublessee acknowledges and agrees
that any sublease rent due under that certain dated
, 20—, by and between Lessee and Sublessee, hereinafter referred to as
the "Sublease", is to be split equally between Owner and Lessee and that Sublessee is obligated
on the first ( P ) day of each month during the term of the Sublease to pay Owner for its fifty
percent (50%) share of said rent. Upon determination of the Commencement Date of the
Sublease by Lessee and Sublessee , Sublessee shall promptly thereafter provide written
confirmation of said Commencement Date to Owner. In the event Sublessee fails to timely make
any payment to Owner due under this Agreement, and such failure continues for more than
fifteen ( 15) days after receipt of written notice from Owner to Sublessee, then Sublessee agrees
that Owner shall be entitled to exercise against Sublessee all remedies available to a landlord
under a lease in the State of Florida, including the right to terminate the Sublease. The foregoing
shall not in any way limit Lessee's rights and remedies against Sublessee for Sublessee's failure
to perform under the Sublease.
3 . Sublessee's rights under the Sublease and its use of the Premises are subject in all
respects to the terms and conditions of the Prime Lease, including without limitation , the
interference provisions set forth in Section 11 of the Prime Lease; provided, however, Sublessee
shall not be obligated for monetary obligations payable by Lessee to Owner under the Prime
Lease except as contemplated in the Sublease and this Agreement.
4. 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 other by notice
delivered in accordance with this paragraph):
Owner: Indian River County
Director of Utility Services
County Administration Building
184025 th 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
Sublessee :
Notice shall be effective upon mailing or delivering the same to a commercial
courier, as permitted above.
5 . In the event the Prime Lease expires or is otherwise terminated, Owner and Sublessee may
agree on a new lease agreement for Sublessee' s use of space at the Property.
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date
first written above.
LESSEE :
WITNESSES : VERIZON WIRELESS PERSONAL
COMMUNICATIONS LP
d/b/a Verizon Wireless
By:
Name : By:
Name : Hans F. Leutenegger
Title : Area Vice President, Network,
By: South Area
Name : Date :
OWNER :
INDIAN RIVER COUNTY
By :
Name :
Title :
Date approved by BCC :
Attest Clerk of Court
By:
Title: Deputy Clerk
Approved :
Name :
Title: County Administrator
Approved as to form and legal sufficiency:
Name:
Title : Assistant County Attorney
SUBLESSEE:
WITNESSES :
By:
Name: By:
Name:
Title:
By: Date:
Name:
EXHIBIT 1
Prime Lease
See Attached
Prepared By and Upon Recording, Return to:
Amy E. Armond, Esq.
Holland & Knight LLP
One East Broward Boulevard, Suite 1300
P.O. Box 14070
Fort Lauderdale, Florida 33301
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER )
LESSEE's Site I.D. : Indian River Sea Oaks, No. 69022
MEMORANDUM OF LAND LEASE AGREEMENT
This Memorandum of LAND LEASE AGREEMENT is made this day of
, 200 between INDIAN RIVER COUNTY, apolitical subdivision of the State
of Florida with a mailing address of 1840 25th Street, Vero Beach FL 32960 , hereinafter referred
to as "LESSOR", and VERIZON WIRELESS PERSONAL COMMUNICATIONS LP d/b/a
Verizon Wireless, with its principal office located at One Verizon Way, Basking Ridge, New
Jersey 07920, hereinafter referred to as "LESSEE' . LESSOR and LESSEE are at times
collectively referred to hereinafter as the "Parties" or individually as the "Party".
1 . LESSOR and LESSEE entered into a Land Lease Agreement (the "Agreement") on
200_ for an initial term of five (5) years, commencing on the
Commencement Date (as defined below) . The 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.
2. 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 8865
N. Hwy. AIA, Vero Beach , Indian River County, Florida 32963 and being described as a
25 ' by 100' parcel containing 2500 square feet, as described in Deed Book 843 at Page
2237 , 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, on foot or motor vehicle, including trucks, and for the
installation and maintenance of utility wires , poles, cables, conduits , and pipes over,
1
under, or along a fifteen foot ( 15 ') wide right-of-way extending from the nearest public
right-of-way, N. Hwy. AIA, 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.
3 . The Commencement Date of the Agreement, of which this is a Memorandum, is defined
as the first ( 0) day of the month following the date the Agreement is executed by the
parties or the first ( I 't) 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 ( Is`) day of the month following the date that is three (3 ) months after the
date the Agreement is executed by the Parties .
4. The terms, covenants and provisions of the Agreement, the terms of which are hereby
incorporated by reference into this Memorandum, shall extend to and be binding upon the
respective executors , administrators, heirs, successors and assigns of LESSOR and
LESSEE.
[Remainder of Page Intentionally Left Blank]
[Signatures On Next Page]
2
: ss.
COUNTY OF )
The foregoing instrument was acknowledged before.- me this day of
20_, by ,,;,the of Indian River
County, a political subdivision of the State of Florida, on behalf of said political subdivision .
He/She is personally knawrfto me or has produced
as identification.
Ile
Notary Public:
Name of Notary Prieted:
(NOTARY SEAL)
My commission expires :
My commission number is :
STATE OF
ss .
COUNTY OF )
1Thq foregoing instrument was acknowledged before me this 21I day of
Q ) , 20& by Hans F. Leutenegger, as Area Vice President, Network, South Area
of Verizon Wireless Personal Communications LP d/b/a Verizon Wireless , a Delaware limited
partnership, on behalf of te limited partnership. He is personally known to me or has produced
as identification.
I /� �
Notary Public : l 1 A Yi I A l A p o A\�Yt(11'�
Name of Notary Printed: Catharine Lawson
(NOTARY SEAL)
My commission expires : k+rtuary 4, 2010 ' 1?IFfCIAC SEAL
N�tafy fiuglis, North Carolina ;
Cauntyof �a4a us irS
My commission number is : JA CATNARINE LAWSON
�� MyCommissionExpiresJanua q, ppiC
4
Exhibit "A"
(Description of Property and Premises)
DESCRIPTION OF PRd PEk�
AS RGCO (Xri W Cp ZA: VFCORU5 BOOK 848, PAGE 22,19,
agplN! RhER C'F/Nry ft ROA Pu6[rC RECORDS
hat portion of Government Let 2 , in Section 25, Township 31 South ,
urge 39 East, lying and being in Indian River County, Florida, described
ss fol'aws.
:ommence at the Southwest corner of said Government Lot 2; thence run
iOuth 89' 47' 30" Ecst for 91 ,67 feet to the point of beginning; thence
.on North 55' 38 ' 22" East for 90.40 feet: thence run North 37' 39 ' 49"
ast for 191 .03 feet; thence run North 64' 08' 21 " East for 264.37 feet
c the Westerly right of way line of State Road No. AIA, having a 100 toot
.Ida right of way; thence run Southeasterly along said right of way line,
1n the arc of a circular curve to the right, concave SouthwssterlZ, having
r radius of 5693.88 feet, through a central angle of 03' 36' 09 , for an
uc distance of 358.00 feet, to the South fine of said Government Lot 2:
hence run North 89' 47' 30" West, for 590. 19 feet to the point of beginning.
DESCRIPTION OF L,ESS Ee P � M I! nat porton of
S �S
1 South,
2ange 391 East, lying ro debeingatin2 Indiavernmnt L . inn Riectver County, Flon 25. orida, 3decribed
1s follows:
:ommence at the Southwest corner of said Government Lot 2: thence run
South 89' 49 ' 40" East along the South line of said Government Lot 2,
s distance of 91 .67 feet; thence continue South 89' 49' 40" East along
he South line of said Government Lot 2, a distance of 412,76 feet; thence
vorth Ou 09' 17" East a distance of 36.26 feet to the POINT OF BEGINNING;
'theorth
00' nce 09 ' 17* Est adist distance 100.00 feet distance
South e09' 5043"'ce NEast
o distance of 25.00 feet: thence South 00' 09' 17" West a distance of
10O. GO feet to the POINT OF BEGINNING.
.antoin;nq an area of 2,500 square feet.
DESCRIPTION OF ACCESS & UTILITY EASEMENT
A 15,00 foot wide strip of land in Government Lot 2, in Section 25,
township 31 South, Range 39 East, Indian River County. Florida, the sidelines
o' which lying 7.50 feet on each side of the followirg described centerline:
_um'nence of the Southwest corner of said Government Lot 2; thence run
South 89' 49 ' 40" East along the South line of said Government Lot 2,
a distance of 91 .67 feet; thence continue South 89' 49' 40" East along
the South line of said Government Lot 2, o distance of 412.76 feet; thence
North 00' 09 ' 17" East a distance of 36.26 feet: thence North B9' 50' 43'
West o distance of 17.50 feet to the POINT OF BEGINNING of the herein described
centerline: thence South 00' 09' 17" West a distance of 28.76 feet; thence
South 89' 49' 40" East parallel to and 7.50 feet Northerly of, when measured
right nogles to, said South line of Government Lot 2, a distance of 131 . 18 feet:
thence North 67' 43' 14" East a distance of 54. 64 feet to a point on the
West right—of—way (r/w) line of State Road No. AIA ( 100' r/w width), said
Point oeing the POINT TE.RMINATICN of the herein described centertlne.
The sidelines of soFd 15 foot wide strip to he extended or trimmed, as
necessary, to form one contiguous shape, and to meet the Westerly r/w
Iris of State Road No. AIA at the point of termination.
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written .
LESSOR:
Indian RiveGounty " a
Rv � GC1 ..
l
Gary C Wheeler, hirinan
Date approved by BCC: 0 / 0 / 07
Attest: JBarton Jerk of Court
By V DD
Deputy Clerk
th
ed-
A. Baird, County Administrator
ed as to form and legal sufficiency:
Marian E. Fell'ASS1Stant County Attorney
LESSEE:
Verizon Wireless Personal mmunications LP
d/b/a Verizon it ess
WITNESS p
`✓ �— BY:
Name: Steven B • a Name: Hans F. Leutenegger
P Area Vice President - Network
,UL " _ South Area
Name: 8onnip t n
R 3626779_v8