HomeMy WebLinkAbout2001 07 09 Consent B Verizon Wireless Consent and Subordination Agreement
COMMISSION AGENDA
ITEM B
CONSENT X
INFORMATIONAL
PUBLIC HEARING
REGULAR
07/09/01
Meeting
MGR. fJ./"' /DEP
Authorization
REQUEST: It is requested that the City Commission approve the attached
Consent and Subordination Agreement between the City and Verizon Wireless.
PURPOSE: This agenda item satisfies provisions of a Site Agreement between the
City and APT Tampa/Orlando, Inc. ("V oicestream") wherein the city must consent to any co-
location arrangements between V oicestream and another wireless company.
BACKGROUND: The City granted a lease on December 12, 1997, to APT
Tampa/Orlando, Inc., to construct a tower on property owned by the city at 1126 East
State Road 434. The lease requires the city's consent for any other wireless company to
co-locate facilities on that tower.
The lease also provides that the city will receive 50% of the monthly co-location
revenue to be received by the holder of the prime lease.
RECOMMENDA TIONS:
Staff recommends that the City Commission approve the attached Consent and
Subordination Agreement between the city and Verizon Wireless.
ATTACHMENTS:
Letter dated June 20, 2001, from City Attorney Anthony Garganese
Consent. and Subordination Agreement
COMMISSION ACTION:
.'
BROWN, WARD, SALZMAN & WEISS, P.A.
ATTORNEYS AT LAW
Usher L. Brown ·
John H. Ward.
Gary S. Salzmano
Jeffrey S. Weiss
Suzanne D' Agresta
Anthony A. GarganeseO
Scott D. Danahy
Alfred Truesdell
Arthur R. "Randy" Brown, Jr. +
Brett A. Marlowe
Jeffrey P. Buak
Kristine R. Kutz
Joseph G. Colombo
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, FL 32802-2873
(407) 425-9566
(407) 425-9596 FAX
Email: agarganese@orlandolaw.net
Web site: www.orlandolaw.net
Cocoa, FL (866) 425-9566
· Board Certified Civil Trial Lawyer
o Board Certified Business Litigation Lawyer
o Board Certified City, County & Local Government Law
+ Board Certified Labor & Employment Law
June 20, 2001
Via Hand Delivery
Mr. Gene DeMarie, Director of General Services
City of Winter Springs
1126 East S. R. 434
Winter Springs, FL 32708
Re: Consent and Subordination Agreement between City of Winter Springs
and Verizon Wireless
Our File No. 1193
Dear Gene:
Enclosed is a copy of the aforementioned agreement that was negotiated for the tower located
behind City Hall. Please ensure the agreement is placed on the City Commission Agenda for
approval as soon as possible.
Based on the representation ofVerizon's attorney, the City will receive $500.00 per month
for this co-location. That amount is based on the agreement between Verizon and APT in which
Verizon will compensate APT $1,000.00 per month to colocate on the tower behind City Hall. The
,
Mr. Gene DeMarie, Director of General Services
City of Winter Springs
June 20,2001
Page 2
City of Winter Springs has an agreement with APT in which the City will receive 50 percent ofthe
rental proceeds between APT and any colocator.
If you have any questions regarding this matter, please do not hesitate to contact me.
Anthony A. Garganese
City Attorney
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CONSENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT ("Agreement")-dated ,
2001 is made by and between THE CITY OF WINTER SPRINGS, FLORIDA, a Florida
municipal corporation ("City"), and PRIMECO PERSONAL COMMUNICATIONS,
LIMITED PARTNERSHIP, a Delaware limited partnership, d/b/a VERIZON
WIRELESS ("Verizon Wireless") and provides as follows:
RECITALS:
City is the owner of certain real property (the "Premises") located at 1126 East
S.R. 434, Winter Springs, Florida, and more particularly Clescribed in Exhibit "A", which
is attached hereto and made a part hereof.
City entered into a Site Agreement for Land with APT Tampa/Orlando, Inc.
("VoiceStream"), dated December 12, 1997 ("the Prime Lease"), under which
V oiceStream has undertaken the construction and operation of telecommunications
tower.
V oiceStream and Verizon Wireless previously entered into a master agreement
pursuant to which the Premises have been designated as a site on which Verizon Wireless
desires to enter into a site Co-Location Agreement.
Under the terms of the Prime Lease, the City must give its consent, not to be
umeasonably withheld, to the proposed Co-Location Agreement between VoiceStream
and Verizon Wireless.
As a condition of its consent to the Co-Location Agreement contemplated by
Verizon Wireless and V oiceStream, City has requested that Verizon Wireless agree to be
bound by the obligations arising under the Prime Lease.
AGREEMENT:
NOW, THEREFORE, in consideration of their respective covenants herein made,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are true and correct and
are hereby incorporated into this Agreement as if specifically set forth herein.
2. Consent. The City hereby consents to Verizon Wireless co-locating their
communications and related facilities on the Tower and on the Leased Premises. In
furtherance of consenting to the co-location, the City also consents to Verizon Wireless
",
entering into the Sublease with VoiceStream for the use of a portion of the Leased
Property ("Subleased Parcel") and the Tower. The Subleased Parcel is legally described
on Exhibit "B," which is attached hereto and incorporated herein by this reference. The
use of the Subleased Parcel shall be limited to op~rating and maintaining communications
equipment and related facilities in order to effectuate the co-location. City also consents
to Verizon Wireless' use of the non-exclusive utility easements and non-exclusive ingress
and egress easements to the Leased Property. These easements were granted to
V oiceStream by the City and are legally described under the Site Agreement. The
easement legal descriptions are attached hereto as Exhibit "C" and incorporated herein by
this reference. V erizon Wireless agrees to fully comply with the terms and conditions of
the aforementioned easements and further agrees that Verizon Wireless shall not in any
way overburden the easements or interfere with the City's and any other authorized user's
right to use the easements.
3. Term. The City acknowledges and agrees--that under the terms of the
Sublease, Verizon Wireless shall have the right to sublease the Subleased Parcel and co-
locate on the Tower for an initial term of five (5) years with four (4) renewal term(s) of
five (5) years. This Agreement shall automatically renew unless: (i) Verizon Wireless
has provided the City written notice of its desire not to elect its option under the Sublease
prior to the expiration of the existing Term or Renewal Option of the Sublease, as the
case may be; (ii) Verizon Wireless is in breach of this Agreement, beyond any applicable
cure period, in which case, this Agreement may only be renewed if the City agrees to the
renewal in writing and Verizon Wireless cures the breach; or (iii) Verizon Wireless is in
breach of the Sublease beyond any applicable cure period, in which case, the Agreement
may only be renewed if the City and VoiceStream agree to the renewal in writing and
Verizon Wireless cures the breach.
4. Termination of V oiceStream Site Agreement. If the Site Agreement is
terminated by V oiceStream or City and Verizon Wireless desires to continue occupying
and possessing the Subleased Parcel and Tower space, Verizon Wireless may do so by
entering into a written lease agreement with the City which shall require direct payment
of rental proceeds to the City. Any such lease shall be in substantially in the same form,
and contain the same terms and conditions as the Prime Lease.
5. Subordination to Prime Lease. Verizon Wireless, in its capacity as
sublessee under the Prime Lease, agrees that its interest in the Co-Location Agreement
between Verizon Wireless and VoiceStream shall be subordinate and inferior to the
Prime Lease. Verizon Wireless agrees not to violate any term or condition contained in
the Prime Lease, nor to create or suffer any event or condition which would constitute
any breach or event of default under the Prime Lease, to the extent that such agreement
creates no additional burdens or obligations, monetary or otherwise, beyond those created
by the Co-Location Agreement. The City agrees that so long as Verizon Wireless is in
compliance with the terms of this Consent and Subordination Agreement, the Co-
2
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,-
Location Agreement, and the Prime Lease (but only to the extent contemplated
hereunder), Verizon Wireless shall continue to have and enjoy the uninterrupted and
quiet possession of the Premises as if it had been the original party to the Prime Lease.
,-
6. Assumption of Obligations of Prime Lease. In the event that Verizon
Wireless should succeed to VoiceStream's interest under the Prime Lease, or in the
Premises or any improvements thereon, Verizon Wireless assumes and agrees to be
bound by all the terms and conditions thereof. In such event, Verizon Wireless shall
continue to have and enjoy the uninterrupted and quiet possession of the Premises as if it
had been the original party to the Prime Lease.
7. Indemnification and Hold Harmless. Verizon Wireless shall indemnify and
hold harmless the City and its employees, officers, and attorneys, from and against all
claims, losses, damages, personal injuries (including but not limited to death), or liability
to the person or property (including reasonable attorneys' fees through any and all
administrative, trial, post judgment and appellate proceedings), directly or indirectly
arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of
or resulting from Verizon Wireless and its employee's, agent's or contractor's use and
occupancy of the Subleased Parcel, Tower, and utility and ingress and egress easements.
This indemnification shall survive the expiration or termination of this Agreement.
The indemnification provided above shall obligate Verizon Wireless to
defend at its own expense or to provide for such defense, at the sole option of the City, as
the case may be, of any and all claims of liability and all suits and actions of every name
and description that may be brought against the City or its employees, officers, and
attorneys which may result from Verizon Wireless' and its employee's, agent's, and
contractor's use and occupancy of the Subleased Parcel, Tower, and utility and ingress
and egress easements.
8. Intended Beneficiary. It is expressly intended that the assumption and
compliance provisions agreed to by Verizon Wireless in Paragraphs 5 and 6 above shall
run directly to, and for the benefit of, the City.
9. Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the City's potential liability under state
and federal law.
10. Self-Operative Provisions. The provisions of Paragraphs 4 and 5 hereof
shall be effective and self-operative without the execution of any further instruments on
the part of any ofthe parties hereto.
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11. Representations. Each of the parties hereto represents and warrants that it
has full right and authority to enter into this Agreement; and that no other consents are
required in connection herewith.
10. Miscellaneous. (a) This Agreement shall bind and inure to the benefit of
the parties and their respective successors and assigns; (b) this Agreement may be
executed in several counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument; (C) notices required hereunder shall be in
writing and sent by U.S. mail, postage prepaid, to the address ofthe party set forth below;
(d) this Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
. Agreement effective as of the date set forth above.
WITNESSES:
CITY OF WINTER SPRINGS,
a Florida municipal corporation
BY:
Title:
Print Name
Date:
Print Name
Attest:
Title:
Print Name
Date:
Print Name
~
KOvQ en iVVL
Print Name
PRIMECO PERSONAL COMMUNICATIONS,
Limited Partnership d/b/a Verizon Wireless
BY:
tvh~
Howard H. Bower
Area Vice resident - Network South Area
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Exhibit A
Premises Description
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7
CONSENT AND SUBORDINATION AGREEMENT
THIS AGREEMENT ("Agreement") dated ~"l9 f/, ,
200 I is made by and between THE CITY OF WINTER SPRING , FLORIDA, a Flonda
municipal corporation ("City"), and PRIMECO PERSONAL COMMUNICATIONS,
LIMITED PARTNERSHIP, a Delaware limited partnership, d/b/a VERIZON
WIRELESS ("Verizon Wireless") and provides as follows:
RECITALS:
City is the owner of certain real property (the "Premises") located at 1126 East
S.R. 434, Winter Springs, Florida, and more particularly described in Exhibit "A", which
is attached hereto and made a part hereof.
City entered into a Site Agreement for Land with APT Tampa/Orlando, Inc.
("VoiceStream"), dated December 12, 1997 ("the Prime Lease"), under which
VoiceStream has undertaken the construction and operation of telecommunications
tower.
VoiceStream and Verizon Wireless previously entered into a master agreement
pursuant to which the Premises have been designated as a site on which Verizon Wireless
desires to enter into a site Co-Location Agreement.
Under the terms of the Prime Lease, the City must give its consent, not to be
unreasonably withheld, to the proposed Co-Location Agreement between VoiceStream
and Verizon Wireless.
As a condition of its consent to the Co-Location Agreement contemplated by
Verizon Wireless and V oiceStream, City has requested that Verizon Wireless agree to be
bound by the obligations arising under the Prime Lease.
AGREEMENT:
NOW, THEREFORE,in consideration of their respective covenants herein made,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are true and correct and
are hereby incorporated into this Agreement as if specifically set forth herein.
2. Consent. The City hereby consents to Verizon Wireless co-locating their
communications and related facilities on the Tower and on the Leased Premises. In
furtherance of consenting to the co-location, the City also consents to Verizon Wireless
entering into the Sublease with VoiceStream for the use of a portion of the Leased
Property ("Subleased Parcel") and the Tower. The Subleased Parcel is legally described
on Exhibit "B," which is attached hereto and incorporated herein by this reference. The
use of the Subleased Parcel shall be limited to operating and maintaining communications
equipment and related facilities in order to effectuate the co-location. City also consents
to Verizon Wireless' use of the non-exclusive utility easements and non-exclusive ingress
and egress easements to the Leased Property. These easements were granted to
V oiceStream by the City and are legally described under the Site Agreement. The
easement legal descriptions are attached hereto as Exhibit "C" and incorporated herein by
this reference. Verizon Wireless agrees to fully comply with the terms and conditions of
the aforementioned easements and further agrees that Verizon Wireless shall not in any
way overburden the easements or interfere with the City's and any other authorized user's
right to use the easements.
3. Term. The City acknowledges and agrees that under the terms of the
Sublease, Verizon Wireless shall have the right to sublease the Subleased Parcel and co-
locate on the Tower for an initial term of five (5) years with four (4) renewal term(s) of
five (5) years. This Agreement shall automatically renew unless: (i) Verizon Wireless
has provided the City written notice of its desire not to elect its option under the Sublease
prior to the expiration of the existing Term or Renewal Option of the Sublease, as the
case may be; (ii) Verizon Wireless is in breach of this Agreement, beyond any applicable
cure period, in which case, this Agreement may only be renewed if the City agrees to the
renewal in writing and Verizon Wireless cures the breach; or (iii) Verizon Wireless is in
breach of the Sublease beyond any applicable cure period, in which case, the Agreement
may only be renewed if the City and VoiceStream agree to the renewal in writing and
Verizon Wireless cures the breach.
4. Termination of VoiceStream Site Agreement. If the Site Agreement is
terminated by V oiceStream or City and Verizon Wireless desires to continue occupying
and possessing the Subleased Parcel and Tower space, Verizon Wireless may do so by
entering into a written lease agreement with the City which shall require direct payment
of rental proceeds to the City. Any such lease shall be in substantially in the same form,
and contain the same terms and conditions as the Prime Lease.
5. Subordination to Prime Lease, Verizon Wireless, in its capacity as
sublessee under the Prime Lease, agrees that its interest in the Co-Location Agreement
between Verizon Wireless and V oiceStream shall be subordinate and inferior to the
Prime Lease. Verizon Wireless agrees not to violate any term or condition contained in
the Prime Lease, nor to create or suffer any event or condition which would constitute
any breach or event of default under the Prime Lease, to the extent that such agreement
creates no additional burdens or obligations, monetary or otherwise, beyond those created
by the Co-Location Agreement. The City agrees that so long as Verizon Wireless is in
compliance with the tenns of this Consent and Subordination Agreement, the Co-
2
Location Agreement, and the Prime Lease (but only to the extent contemplated
hereunder), Verizon Wireless shall continue to have and enjoy the uninterrupted and
quiet possession ofthe Premises as if it had been the original party to the Prime Lease.
6. Assumption of Obligations of Prime Lease. In the event that Verizon
Wireless should succeed to VoiceStream's interest under the Prime Lease, or in the
Premises or any improvements thereon, Verizon Wireless assumes and agrees to be
bound by all the terms and conditions thereof. In such event, Verizon Wireless shall
continue to have and enjoy the uninterrupted and quiet possession of the Premises as if it
had been the original party to the Prime Lease.
7. Indemnification and Hold Harmless. Verizon Wireless shall indemnify and
hold harmless the City and its employees, officers, and attorneys, from and against all
claims, losses, damages, personal injuries (including but not limited to death), or liability
to the person or property (including reasonable attorneys' fees through any and all
administrative, trial, post judgment and appellate proceedings), directly or indirectly
arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of
or resulting from Verizon Wireless and its employee's, agent's or contractor's use and
occupancy of the Subleased Parcel, Tower, and utility and ingress and egress easements.
This indemnification shall survive the expiration or tern1ination of this Agreement.
The indemnification provided above shall obligate Verizon Wireless to
defend at its own expense or to provide for such defense, at the sole option of the City, as
the case may be, of any and all claims of liability and all suits and actions of every name
and description that may be brought against the City or its employees, officers, and
attorneys which may result from Verizon Wireless' and its employee's, agent's, and
contractor's use and occupancy of the Subleased Parcel, Tower, and utility and ingress
and egress easements.
8. Intended Beneficiary. It is expressly intended that the assumption and
compliance provisions agreed to by Verizon Wireless in Paragraphs 5 and 6 above shall
run directly to, and for the benefit of, the City.
9. Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28,
Florida Statutes, or other limitations imposed on the City's potential liability under state
and federal law.
10. Self-Operative Provisions. The provisions of Paragraphs 4 and 5 hereof
shall be effective and self-operative without the execution of any further instruments on
the part of any of the parties hereto.
3
11. Representations. Each of the parties hereto represents and warrants that it
has full right and authority to enter into this Agreement; and that no other consents are
required in connection herewith.
10. Miscellaneous. (a) This Agreement shall bind and inure to the benefit of
the parties and their respective successors and assigns; (b) this Agreement may be
executed in several counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument; (c) notices required hereunder shall be in
writing and sent by U.S. mail, postage prepaid, to the address of the party set forth below;
(d) this Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed and ct~lj'i"ered this
Agreement effective as of the date set forth above. ' '.,
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c..nlcL C\.\ 1-
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Print Name
~
BY:
WITNESSES:
CITY OF W
a Florida muoi
Date:
AttesU\l~~~
Title: City C rk
Date: July 13, 2001
i(~
KfUl F1J.;t-(jy).
Print Name d BY:
Ifll../I_ . II/; ~ci <JZ:yO 0~
) .; '/L ;u' '1,.A. Date:
PRlMECO PERSONAL COMMUNICA TrONS,
Limited Partnership d/b/a Verizon Wireless
M~
Howard H. Bower
Area Vice 7eSi%t - Network South Area
{p f 81
,
4
Exhibit A
Premises Description
,lU 1\-4A.T TRACT ~ PAACn. Cf" lANO l'rtNG tN S(C~ 36. TOWNSHIP 20
SCOlH. RANCE: .30 EAST. SEMINOlE CCONTY. F'lCfOOA. 8eHC A. PORT1ON
~ WTTRO..l. PARt< ACCOROcNG TO THE PlAT THEREOf' AS R(CORO(O IN
Pt.AT SOOt< 11. PAGE 4-4. OfTlO"l REcoms OF SOMHOlE COUNTY.
n~ AHa 8E1N<i LfOR( PARTICUlARlY CE:SOOOtJ) AS FOllOWS:
~C AT THE NOOlliYf(ST CORN(R or $.AlO UJTTRn PAAK;
~(Na: SOOn-. 18"58'10. Vlt:ST A OfSTANCf: OF 1~7.00 f'EET TO A POtHT:
~(NC( SOUlli 71"01'504 EAST A OCSTAH~ OF ".00 rEEl TO tHE PacNT
Of' B(QNNINC: nENC( NOftlW '8~'1o'" EAST A OfSTAHa: Of ~.OO mT
TO A POINT: ~ SOUTH 71"01':50. EAST A. OCST~cr OF 50.00 fELT TO
A POtNT: ~EHCE SOUtH 13"58'10. ~ST A DtSTA,HC( Of 50.00 Ft:ET TO A
POINT: THEHa: NM1H 71~'SO. ~T A OCSTN<<:f: Of so.oo rEET TO 1HE
POINT Of 8E:ClNNtNG.
CONT~ 2.SOO SOUA-R( fELT ~ 0.OS7 ~ES MeR( OR LESS.
:za.~
FEJCHTNER. Tl<EQDOR & NUlA II.
ZONED "C-1-
R.OOll ZONE 'AI!'
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Bl...l.fNBERQ. LEWIS A.I\
ZONED 'C2"
R.OOO ZONE! -It
"""""'" -'CAUl
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-.-.a.~_~'nlMl'n
u:m.l ~1L_~I-.clI~umNU..UIC,_........
o:N_"('If1)OT~ I~OTUoI~'-' ~ I'D IlCl'\Af ItCMDf'
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PAOPosal AREA f'OA
PORTAIILE GEtlERA TOR
MOU>9
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Proposed Verizon Wlre/ess
Equipment Platform
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"JUANITA D.
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Exhibit 8
Subleased Parcel
-:X
-
ENLARGED SITE PLAN
I IIOOi _ ~ '=
6
, ;
Exhibit C
Easement legal description(s)
t~ INQIESS~ [AS(U(NT
~ OESCRIPllOH
olU. '!WAT 'ntACT Clt PAACa OF LNG L'nflG .. SECftOIC 3lI. ~ 20
soum RNOQ; .JO EAST. so..a..t COlJNT'I. F\.CROA. EtCG A PCATlON
OF WTTREl.L PAaIC ~ TO 1M!: PUT 1HERCOF AS Il€COROm 1M
I'tAT lIOOIC 11, PI<<< oW, ~ RtcalOS OF SDlH1E CCUNTY,
n.oAIQA. AIG lIOlC WOR( PlIRllCUUIlLY uLSat.eco AS f'OU.QWS:
COIAlf:HCNC AT 1M!: NOl'~ OCRM:R 0/1' SAG W1"lNl. PMIC;
l\4(N(X SOU~ 1~"o" lIII[ST' A OISTNlCE OF 1~7.00 FtrT M " POINT:
1\4€HC( SOU~ 71"Ot':lQ" EAST A 0ISTAHa: OIF 44..00 FUT TO N PaHr
OF B(QHfllNQ: 1lG~ CONllNU: SOUlW 71't1.'5O" (AS1' It, OlSTAHa:
OF 1~lt ra:r M A POINT: tlfOtCf: sou'" 2S"lIt...... t€ST A lllSTNlCE OF
17V.Sl FtET 10 A POINT: lM)K.t sount f~a" WEST It, llISTAHa: OF
151.82 FtET 10 A POINT OIl ft1( NOA~AS1'ERLY RlGHT-or-WAY ~ OF
STATE: ~ .... 43+, 1llt:NCX 17.SO FU:T AL.ONC SAIO AlCHT-OV-w"y UN(.
A&.OHC ni( Nf;C OF A OJR~ CI:lHCA Il€ TO 1t4( NClItn4, MA\IlNC .to DEl. T"
AHQ..E OF 00"01'J4", A lUOCUS OF J64.:4. 74 FlET. " ~ 8EAAlNc oc..
NOR". 3~~. \lEST. NfO A QiORO 0/1' 17.~ ftET to A PONT: TtEHa:
NORl14 la~ta" EAST. OEI"ARt1flC SM) RlQ4T-q'-WAY UHE:. II
OtST.aHCE OF 14Z.1I7 ftET TO Ii. POlN T; 1l1(N(X NCR1l4 28"01'..... EAST "
0tST~ OF 171US ftET 10 "nl( POtCT OF 8(QHNlNC.
CDHT~ 1..221 SIQl.I.<lIIt: rEEl' Oft lI.Q24 AOlC IotClA( OR LaS.
15' U11UTY E4S[W(Nt -,,-
u:c:.tt. Ol:SCltlPnaH
'l!. '!WAr TRACT OR PAAa1. aT l..-.G L'nHG III SEc:noH 31. ~SHIP 20
scunc. IW4CX JO EAST. SOllNC1E CCUHT'l', fUlIlIOA. ~ A PQAnOM
OF w TTRC...L. PI<II:11C A.CalRI)lNC 10 1M!: PUT lHDl(Qf' AS IlCXII1O€O ..
......., lIOOIC 11, "I<<< +4, 0fflCII0l. M:CXlRDS OF SOIINOl..E CIllIJNlY.
ft.CRIOA. IMIJ 8E1NC A IS ;oaT 'MOE: UTlJl"t' EASiDOr L'rWtG 7.5 FE[1'
u:FT .uta ltII;HT OF 1M: ~ ~ a:NtDUNE:
~ AT 1t4( NOft'n4.aT COINJl OIF SMI wnm. P.wc:
~ SOU~ 1S'V'lC1" .aT A OISTNCE aT 157.00 nET 10 " I'OIHT:
MHCt SOU1l4 7t"llt'5O" EAST " DlSTNCCt OF ~+4 fUT to 'nE: PONT
OF B(~ ~ SOUtlf 2II't1""" . A DlSTAHa: 01 t~1 f"aT
to It. POINT: ne.a: SCU~ 1~o" W " OlSTNCE OF t~' FUr 1'0
" POlHT L'nNG 1..so FU:T NOAtt€ASlUI.Y 01 1tt[ NOIt~V
lIICHT-Qf'-WAY lJIOf; OF STAll: llQ;lD _ ~ 1tCNC:E '73.a1 fUT, N.JJHC
1tt[ ARC OF " ~ 1.'nNC 7..so ftET NOR1lEASltRLV OF N<fO PNULUL
.m SAID AIOn-OF-WAY LINE. SAG ~ BEING CCHCA\1t TO ll4E
SIOU'll4WEST, HAWC A DEl.TA IoHa.E (I 00"l~33". A lUOIIS at 3&42t.24
ftXT, It. QiORO 8EoUlINC OF sou nt 3a"QZ't'- tAST. NC) " CHOIlQ OF .
17.3.41 f'EET TO 1tt[ POINT OfF' ~noN.
.S' U1lUl"t' (45OAOfT ...
lLCN.. Q€SC:RPllOH
NJ. lMAT llUCT OIl PNlal. OIF l.NG LWIG III SECt1CN ~ TOWcSf1IP 2a
sou-nc. UHCE: JO EAST. SlD*CLt: CX)UNT'l', n.0ltIQA. 8E)N(; A PClRllOH
OF WT11ln.L P IoAt( N:;CCIU)lNC 10 1M: I'U T 1l4[R(OF AS 1lf:CORO(D ..
I'U T lIOCIC 11, PAGE +4, ClFflCW.. M:~ OF ~ CCUHT'l',
fl.ORGA. NIO 8(JNC " 15 rooT .oE: UltUTY (ASOIOfT L'nN4 7-'0 fUT
un IMIJ NGHT OF 1t4( f'OU..O'<l'NQ QCClI<<D aNt'EJtI.N(:
CCWIol(NQNC AT 1M: HOAllMEST ~ or SMJ wnm. P~
ntENCt soont '~'IO. 'll€ST " OISTAHCt'OF 157.00 fUT 10 A PClINT:
MNCX SOIrH 71"l1t~. EAST' " QlST.ucIX OF 51.&S FU:T 10 nc I'OIHT
aT 9(QHfltNG: ~a: sount 0X17'44" CloST .to OIST~ OF 110.00
nET TO 1W: PC)IN' OF ltftt,IMA 1ION.
7