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HomeMy WebLinkAboutNextel South Corp. Telecommunications Tower Collocation Consent Agreement -2000 09 11 . , , I I . , , . . . , I ,. ,_ _.1 TELECOMMUNICATIONS TOWER COLLO<;ATION CONSENT AGREEMENT THIS AGREEMENT is made this jl-rn dayofSt:~~ , 2000, by and between the City' of Winter Springs, Florida, a Florida municipal corpoFation f~City''), and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications ("Nextel"). WITNESSETH: WHEREAS, City .is the owner of real property located at 1126 East S.R. 434, Winter Springs, Florida 32708 which is legally described on Exhibit "A'" ("Leased Property''). A copy of Exhibit "A" is attached hereto and fully incorpoy;ated herein by this reference; and WHEREAS, City. entered into that certain Site Agreement for Land, dated December 12, 1997 ("Site Agreement") with APT Tampa/Orlando, Inc., a Delaware corporation ("APT');' and WHEREAS, APT constructed a one hundred sixty-five foot (165') slip hole communications monopole which is designed with spaces to collocate the antennas of three (3) commercial mobile radio service operators ("Tower''); and WHEREAS, APT and Nextel have entered into, or are about to enter into, a Collocation Site Sublease ("Sublease") whereby'Nextel sUbleases a portion of the Leased Property for purposes of coUoca~on on the Tower, and of operating and main~ining communication equipment and related facilities; and WHEREAS, City desires to ,<onsent to the Sublease between Nextel and APT and to the Nextel collocating its communications facilities on the Towerunder''the tenos.and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, .the parties hereto, "intending to be legally bound hereby agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Consent to Collocation. The City hereby consents to Nextel collocating their communications arid related facUities on the Tower and on the Leased Premises. In furth~ce of consenting to the collocation, the City also consents to Nextel entering into the Sublease with APT for the use of a portion of the Leased Property ("Subleased Parcel") and the Tower. The Subleased Parcel is legally descn1>ed on Exhibit liB," which is attached hereto and incorporaled herein by this reference. The use of the ~ubleased Parcel shall be limited to operating'-and maintaining communications equipment and related facUities in order to effectuate the collocation. City also consents to Nextel's u!le of the non-cxclusive utility easements and non-cxclusive ingress and egress easements to the Leased Property. The easements were granted to APT by the City and are legally descn"bed under the Site Agreement. The easement legal descriptions are attached hereto as Exhibit "C" and incorporated herein by this reference. Nextel agrees to fully comply with the terms and conditions of the aforementioned easements and further agrees that Nextel shall not in anyway overburden the easements or 'interfere with the City's and any other authorized user's right to use the easements. .. _~__. _._..... _.._" - ." "_'.' .~ ...... .._ .0" .... _. .. _. .. _ .., ..-, ____. .. -. ..~._....- . . . ._._ _.'_'" ...... ..._._. . ......__... .. ___uo .... ____ .. - ...---.---.--.-... ". ..-.-...-.......... 3.0 Term. The City acknowledges and agrees that 'under the tenns of the Sublease, Nextel shall have the right to sublease the Subleased Parcel and collocate on the Tower for an initial term of five (5) years with four (4) . renewal term(s) oftive (5) years. This Agreement shall automati.cally renew unless: (i) Nextel has provided the City written notice of its desire not to elect its option under the Sublease prior to the 'expiration of the existing Tenn or ~enewal Option of the Sublease, alJ the case may be; (ii) the City has tenninated this Agreement pursuant to Paragraph 23 of this Agreement; (Hi) Nextel is in breach of this Agreement, beyond any applicable cure period, in S:\Centra1\FlJcgal\Sites\2000s\2073b\Reviewer\2073'B City Consent Agmt 07/24/00 I . . t , , I I I 1 · I which case, .this Agree~ent may only be renewed if the City agrees to the renewal in writing and Nextel cures the breach; or (iv) NexteJ is in breach of the Sublease beyond any applicable cure period, in which case, the Agreement may only be renewed if the City and APT agree to the renewal in writing and Nextel cures the breach. 4,0 Termination of APT Site Agreement. If the Site Agreement is tenninated by APT or City and Nextel desires to continue occupying arid possessing the Subleased Parcel and Tower space, Nextel may do so by entering .i;nto a written lease agreement with the' City which shall require direct payment of ~ental proceeds to the City. 5.0 Assignment. This Agreement shall not be assigned or transferred, unless.the assignment is consented. to in writing by the City; provided, however that Nextel may assign its interest to its parent company, any subsidiary or affiliate of it or its parent comp~y or to any successor-in-interest or entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any fmancing entity's interest, if any, in this Agreement as set forth in Paragraph 27 herein. Notwithstanding anything to the contrary containe4 in .this Agreement, Nextel may assign, mo~gage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any fmancing entity, or agent on behalf of any fmancing entity to .whom Nextel (i) has obligations for borrowed money or in respect of guaranties thereof; (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (ill) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect ofgu~tiesd1ereo! 6.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shan not in any respect whatsoever create any rights on behalf of any party not expressly a party to this Agreement 7.0 Further Assurances. From and after the execution of this Agreement, each of ~e parties hereto shall fully cooperate with each other and perform any further act(s) and execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes ~ intentions of this Agreement. 8.0 Severability. If any provision of this Agreement is held to be invalid, void or unen!orceable, the remaining provisions shall nevertheless remain in full force and effect, unless the absence .of the invalid, void or unenforceable provision or provisions causes this Agreement to fail in its essenti~ purposes. 9.0 Governing'Law and Venue. This Agreement shall be consbUed and enforced in accordance with the. laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction-shall be in the 'state circuit courts located in Seminole County, and in the federal district court in Orlando, Florida, any objections as to jurisdiction or venue in such courts being expressly. waived. 10.0 Attorney's ~ees. In the event any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, the prevailing party in.such litigation or controversy shall be entitled to recover from the. other party or parties all reasolUlble attorney's fees and paralegal fees, eXpenses an~ suit costs, inc::1uding those associated with any appellate or post-judgment ~ollection proceedings. 11.0 Non-Waiver. No delay or failure by either party to .exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided for herein: n.o Notices. Any notice, reques~ instruction; or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next . business day after being deposited with a recognized overnight mail or courier delivery service and addressed as follows (or to such other person or at such other address, of whi_ch ~-X_p.!~ ~el"C?!Q..~~!L1.!~ve giv~.~ttel!_nog~~_ ,__'___' . ..--. '-asprovidedlierem): - . .------- - ...--... - _______.__.___._m_____.____._.___. - To City of Winter Springs: City Manager 1126 East S.R. 434 Winter Springs, Florida 32708 PH: (407) 327-5957 FAX: (407) 327-4753 . S:\Central\FlJegal\Sitcs\2000s\2073b\Reviewer\207JB City Consent Agmt 07/24100 2 \ , .. " r , , I " j i To Nextel: Nextel South Corp, 851 Trafalgar Court Suite 300 E Maitland, Florida 32751 With a copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, Virginia 20191-3436 Sixth Floor, Mail Stop 6E630 Attn: Site Leasing Services, Contracts Manager 13.0 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same instrument. 14.0 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or videotape, photograph, or other 'writing of the Nextel related to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or Nextel. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of Nextel is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, Nextel shall promptly supply copies of said public records to the City. All books, cards, registers, receipts,' docUments, and other papers in connection with this Agreement shall during normal business hours of Nextel be open and freely exhibited to the City for the purpose of examination and/or audit. 15.0 Independent Contractor, Nextel shall be considered an independent contractor under this Agreement. 16.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supercedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 17,0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the . City's right to sovereign iInmunity under Section 768,28, Florida Statutes, or other limitations imposed on the City's potential liability under state and federal law. 18.0 General Liability Insurance. Nextel shall purchase and maintain, at its own expense, such general liability insurance and automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of Nextel's use of the Subleased Parcel, Tower, or utility and ingress and egress easements. The insurance shall have minimum limits of coverage of ONE MILLION AND 00/100 DOLLARS i$I,OOO,OOO) per occurrence combined single limit for bodily injury liability and property damage. This !!hall include, but not be . limited to, automobile liability of owned vehicles, hired and non-owned vehicles, and employee non-ownership. .All insurance coverage shall be with insurer(s) licensed by the State of Florida to engage in the business of writing of insUrance. The City shall be named on the foregoing insurance policies as "additional insured." Nextel shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to beJlurchased and maintained by Nextel in "."- .. accoraancewitli1liiS-paragraplioniliehaslSontsnot cOlnplYing wlth"thc'"Agreemenithe CitYshlili noti-iY NexteC~--. writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. The City,afits discretion, reserves the right to require Nextel to obtain reasonable increases in the insurance coverage set forth in this paragraph. Nextel shall continuously maintain such insurance during the tenn of this Agreement in the amounts, type, and quality as required by this paragraph. S:\Central\F1Jegal\Siles\2000s\2073b\Reviewer\20738 City Consent Agmt 07/24/00 3 . ' , , , ' . ' \ , , , , . , j I . 19.0 Indemnification and Hold Harmless. Nextel shall indemnify and hold harmless the City and its employees, officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability to the person or property (including reasonable attorney's fees through any and all administrative, trial, post judgment and appellate proceedings), directly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Nextel's and its employees,' agents,' and contractors' use and occupancy of the Subleased Parcel, Tower, and utility and ingress and egress easements. This indemnification shall survive the expiration or earlier termination of this Agreement. This indemnification provided above shall obligate Nextel 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 result from Nextel's and its employee's, agent's, and contractor's use and occupancy of the Subleased Parcel, Tower, and utility and ingress and egress easements, In all events the City shall be permitted to choose legal cOUDSt';1 of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This indemnification shall survive the expiration or earlier termination of this Agreement. 20.0 Standard of Care. In using the Subleased Parcel, Tower, and utility and ingress and egress . easements, Nextel shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. 21.0 Termination. If Nextel defaults in fulfilling any of the covenants of this Agreement and such default shall continue for sixty (60) days after Nextel's receipt of written notice from the City specifying the nature of said default, or, if the said default so specified shall be of such a nature that the same cannot be reasonably cured or remedied within such sixty (60) days and Nextel shall not in good faith commence the curing or remedying of such default within such sixty (60) days and shall not thereafter diligently proceed therewith to completion, then in any one or more of such events this Agreement shall terminate and come to an end as fully and completely satisfied and Nextel shall then quite and surrender the Subleased Parcel and the right to use the utility and ingress and egress easements as provided herein and remove its communication equipment and related facilities as set forth in Paragraph 32,0. 22.0 Nextel's Signatory. The undersigned person executing this Agreement on behalf of Nextel hereby represents and warrants that he/she has the full authority to sign the Agreement on behalf of Nextel and to fully bind Nextel to the terms and conditions set forth in this Agreement. 23.0 Not Recordable. The parties understand and agree that neither this Agreement nor any sublease shall be recorded in the public records. 24.0 Hazardous Materials. Nextel represents and warrants that its use of the Subleased Parcel, Tower, and the utility and ingress and egress easements will not generate any Hazardous Material, nor will it store or dispose on or near the Sublease- Parcel, Tower and the utility and ingress. and egress easements, any Hazardous Material, in violation of any applicable law or regulation. Nextel shall indemnify and hold harmless the City and its employees, officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal injuries (including but not limited to death), or lillbility to the person or property (including reasonable attorney's fees through any and all administrative, trial, post judgment and. appellate proceedings), directly arising from the generation, storage, disposal, transportation or use of Hazardous Materials by Nextel and its employees, agents, and contractors on the Subleased Parcel, Tower and the utility and ingress and egress easements in violation of any applicable law or regulation, For purposes of this Agreement, Hazardous Materials shall mean gasoline, petroleum and other -----.- petroleumJnr--=P-I9dul:;JS.Jls..b.esto.s...any...suhs.tanceJcnQWXLby .the..state..in.whichthe..8.ubleaseclParceLisJocateclto_cau5e__......__. _. . cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This indemnification shall survive the expiration or termination of this Agreement. 25.0 Liens. Nextel shall keep the Subleased Parcel and utility and ingress and egress easements free from any liens arising out of any work performed for, materials furnished to, or obligations incurred by or on behalf of Nextel. Nextel shall also hold the City harmless against any such liens and shall take immediate action to remove S:\Central\F1JegaJ\Sites\2000s\2073b\Reviewer\2073B City Consent Agmt 07n4/00 4 . - ... , 4. j )"'-~j: , . . . , . EXHIBIT B PAGE 1 OF2 PAGES , to the Telecommunications Tower Collocation Consent Agreement dated , 2000, by and between the City of Winter Springs, Florida, a Florida municipal corporation ("CITY") and NEXTEL South Corp., a Georgia corporation d/b/a NEXTEL Communications, The Subleased Parcel is described/shown as follows: ...- -.--.... FL 2073-B Gardena + Not To Seale Nelte) Leased Premises , ~ Approx. dimeasioDS (2.5 .~ ~ Of Nextel Premises -, CIloQ~ CQUllttt(.~ - , h__ _.. 'u. .__ _. ..,~+__ .+- .-......... "'''H'''_._.. . ..._.....__... _""_'n -- .~.. .. . -.... n' '_~ ...._..... _._ u_.'. __.__ ~__.~.. ...... . .--..--.....-... .... "._. ........... m_~__ . _ ...... S:\Central\F1Jegal\Sites\2000s\2073b\Reviewer\2073B City Consent Agml 07/24/00 8 I , , any such lien should one be filed against any property owned by the City as a result of work perfonned or asa result of under this Agreement for or on behalf of NexteI. The City waives any lien rights it may have concerning Nextel's communications equipment which are deemed Nextel's personal property and not fixtures ("Collateral"), and Nextel has the right to remove the same at any time without the City's consent. The City acknowledges that Nextel has entered into a fmancing arrangement including promissory notes and financial and security agreements for the fmancing of the Collateral with a third party financing entity (and may in the future enter into additional fmancing arrangements with other fmancing entities). In connection therewith, the City (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 26.0 Condemnation, If the whole of the Subleased Parcel or utility and ingress and egress easements, or such portion thereof as will make said parcel unusable for the purposes herein subleased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the tenn hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between Nextel and City as of that date, 27,0 Damage or Destruction. Notwithstanding any other provision of this Agreement, Nextel shall bear the risk of loss or damage to its communications equipment and personal property on the Subleased Parcel, Tower, and utility and ingress and egress easements, except to the extent such loss or damage is caused by the negligence or willful misconduct of the City. Under no circumstances under this Agreement will the City be liable to Nextel for economic loss, lost profits, loss of business, loss of market share, or any other incidental, punitive, special or consequential damages of any nature whatsoever even ifinfonned of the possibility of such damages. 28.0 Maintenance. Nextel shall be solely responsible for maintaining its communications equipment and personal property in a safe and good condition, working order and repair. Nextel shall be solely responsible for promptly repairing damage to its communications equipment and personal property. Nextel shall keep the Subleased Parcel, Tower and utility and ingress and egress easements free of debris and anything dangerous, noxious, or offensive in nature which would crease a hazard or undue vibration, heat or noise. 29.0 Utilities. Nextel shall provide for its own utilities and shall be responsible for paying such utilities, 30,0 Taxes. Nextel shall pay any and all taxes and assessments levied upon Nextel's communications equipment and personal property used or kept on the Subleased Parcel, Tower, or utilities and ingress and egress . easements. 31.0. Rent. Nextel acknowledges and agrees that Nextel shall pay APT Two Thousand and no/100 dollars ($2,000,00) per month to sublease the Subleased Parcel and that rent shall be increased at the beginning of any applicable renewal tenn by an amount equal to 15% of the rent for the tenn or previous renewal tenn of the applicable sublease, Nextel also acknowledges and agrees that the City shall receive fifty percent (50%) of the aforementioned rental proceeds from APT pursuant to the Site Agreement. Nextel agrees that the sublease rental amount shall not be decreased or eliminated without the express written consent of the City, Should Nextel fail to make the rent payments under the sublease, the City shall have the right in accordance with the provisions of paragraph 21 herein, to immediately tenninate this Agreement and in such case Nextel shall also immediately remove its communications and related facilities from the Subleased Property and utility and ingress and egress easements. . ".. ---- .... ._.._-~.----_._...__... "..-.-. ----...- -..-. .-.." - ...., ._-.... ...--..., -_.-.,._~---_..- .-.-.. --.-- .-- ---.-.--. ..._--_......_._-~... .-..-.-. .-...--.".- .. .---..-.----.--..... ..----....-. ~"~-"-'---'-'--"""'---" .. -... -- _._~_..... 32.0 Removal of Equipment. Upon tennination of this Agreement, Nextel shall, within sixty (60) days, remove all of its communications equipment and related facilities from the Subleased Parcel and utility and ingress and egress easements and restore said property to its original above grade condition, If such time for removal causes Nextel to remain on the Subleased Parcel after tennination of this Agreement, Nextel shall pay rent directly to the City in the amount of Four Thousand and No/I00ths ($4,000,00) per month until such time as the removal of the communications equipment and related facilities are completed, Upon tennination of this Agreement and removal of S:\Central\FUegal\Sites\2000s\2073b\Reviewer\2073B City Consent Agmt 08/15/00 5 . I I,. I . . . I 'j Nextel's communication equipment and related facilities, Nextel shall be released of any liability occurring On the Subleased Property and utility and ingress and egress easements after such termination and removal. 33.0 Modification. Modifications of this Agreement shall only be made in writing signed by both parties, 34.0 Compliance with Laws. Nextel shall comply with all local, state, and federal laws and regulations regarding the construction, placement, maintenance and use of Nextel's communications equipment and related facilities. 35.0 Signs. Except for signage required by any applicable governmental entity, Nextel shall not place any sign(s) on the Subleased Property, Tower or utility and ingress and egress easements. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above, Signed, sealed and delivered in CITY OF WINTER SPRINGS, the presence of: a Florida municipal cOIp9ration ~~~~ -. R~~r)n~ Witness ~ By: Ronald W. McLemore, City Manager lNarne:'b......\..')> 1? . \..oe: I\~ l- e J- ~-1- - Witness ~ ~ Print Name. ;:W~ ~~ -)..........-A Cd NEXTEL SOUTH CORP., a Georgia corporation, d/b/a NE CO C 0, By: Prin Its: ..u+_.. ~ti ... """. .,. ... ..... Witn~~~ Print Name: /(!;}1 Lfl ( ]A , "', - . _____ _ . . _~_.._. '.__n___.. .__ ....._.__.....____ ..., ..---....--.----..--....-..--.....-....--..... . . ..... ..-.-..-....-..---.. _... -.. "'_'..'__'~,_~__,__ .. "u...... _ . .-.----...-.-...... --".. S:\Central\FIJegal\Sites\2000s\2073b\Reviewer\2073B City Consent Agmt 07/24/00 6 ~ . . r ~ , . , ., I . EXHIBIT A to the Telecommunications Tower Collocation Consent Agreement dated ,2000,by and between the City of Winter Springs, Florida, a Florida municipal corporation ("CITY") and NEXTEL South Corp., a Georgia corporation d/b/a NEXTEL Communications, The Leased Property is described as follows: Parent Tract Legal Description Lots I through 25 and including Hoover Street, Luttrell Lane, and the South one-half(S Y:z) of 2nd Street of Luttrell Park according to the Plat thereof as recorded in Plat Book 11, Page 44 of the Public Records of Seminole County, Florida, being a portion of Lot 27, Block B ofD.R. Mitchell's survey of the levy grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying Northeasterly of State Road 419 (Sanford-Oviedo Road). - <__.. .._._.._..~_._._..__. ......m__'_.._..... __. ".____.. __..._n.. ....__.. ___.._._.. ..._. .... .._ ____..._,. --. - ~....,- ,._.... _._... ....__.. ,.__..."n___ ___"'_"__'_."_..h' .-- . . ..-... - . .............. ... ......._......M._..... S:\Central\FIJegal\Sites\2000s\2073b\Reviewer\2073B City Consent Agmt 07/24/00 . 7 - . ,. . . A , , ' )1': ) . . . w. . . . EXHIBIT B PAGE 2 OF 2 PAGES to the Telecommunications Tower Collocation Consent Agreement dated , 2000, by and between the City of Winter Springs, Florida, a Florida municipal corporation ("CITY") and NEXTEL South Corp., a Georgia corporation d/b/a NEXTEL Conununications, The Subleased Parcel is described/shown as follows: -----_. FL 2073-B Gardena roUIID \IC. POST Not To Scale N.t. CORIl~. t.OT 26 - -..... 1lL0ClI a, U'r, 011-"4 T - -..... -- -.. -- - Nextel Leased Premises CORNEll -..... I(lT FOUND N euel Aecess Road . - .< " / / " 19 ~ " " \ \ Q) \ - - - .-.~ ....-- .--..-..- -.-.... . - --"-""'--.--...-. -.' _h.. '_". .__. _____.~._ _0< ____ _. .__n _ ..___ 0.. ......... ____ '0"' .__.._." _.....-, ...--.---- --,,"-""- "......- S:\Central\FIJcgaJ\Sitcs\2000s\2073b\Revicwer\2073B City Con5C111 Agm! 07/24/00 9 . . . . . , .....> . . JI .' , . , EXHIBIT C to the Telecommunications Tower Collocation Consent Agreement dated , 2000, by and between the City of Winter Springs, Florida, a Florida municipal corporation ("CITY") and NEXTEL South Corp" a Georgia corporation d/b/a NEXTEL Conununications, The easements are described as follows: 15' UTILITY EASEMENT "A": All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East, Seminole County, Florida, being a portion of Luttrell Park according to the plat thereof as recorded in Plat Book 11, page 44, Official Records of Seminole County, Florida, and being a 15 foot wide utility easement lying 7.5 feet left and right of the '~ollowing described ~~~~erline: Conunencing at the Northwest corner of said Luttrell Park; thence South 180 58'10. West a distance of 157.00 feet to a point; thence South 710 01' 50" East a distance of 36.44 feet to the Point of Beginningi thence South 260 01' 48" West a distance of 17851 feet. to a point; thence South 180 58"10" West a distance of 129.59 feet to a point lying 7.50 .feet Northeasterly of the Northeasterly right-of-way line of State Road No. 434; thence 173.81 feet, along the arc of a curve lying 7.50 feet Northeasterly of and parallel with said right-of-way line, said curve being concave to the Southwest, having .a delta angle of 000 18' 33", a radius of 38429.24 feet, a chord bearing of South 3S0 02' lS" East, and a chord of 17381 feet to the Point of Termination. 15' Ingress/Egress Easement: All that tract or parcel of land lying in Section 36, Township 20 Sou.,th, R~ge 30 East, Seminole County, Florida, being a portion of Luttrell Park according . to the plat thereof .as recorded in Plat Book 11, page 44, Official Records of Seminole County, Florida, and being more particularly described as follows: Conunencing at the Northwest corner of said Luttrell Park; thence South 180 58' 10" West a distance of 157.00 feet to a point; thence South 710 01' SO" East a distance of 44.44 feet to the Point of Beginning; thence continue South 710 01' SO" East a distanc~ of 15.11 feet to a point; thence South 260 01' 48" W~st a distance of 17S.81 feet to a point; thence South 180 6S' 10" West a distance of 151.82 feet to a point on the Northeasterly right-of-way line of State Road No. 434; thence 17.80 feet along said right-of-way line, along the arc of a curve, concave to the North, having a delta angle of 000 01' 36" , a radius of 38436.74 feet, a chord bearing of North 570 54' 55" West, and a.chord of 17.90 feet to a point; thence North lS0 58' 10" East, departing said right-of-way line, a distance of 142.97 feet to a point; thence Nortn260 01' 44" East a distance of 176_94 feet to the Point of Beginning. 15' Utility Easement "B": All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East, Seminole County, Florida, being a portion of Luttrell Park according to the plat thereof as recorded in Plat Book 11, page 44, Official Records of Seminole County, Florida, and being a 15 foot wide utility easement lying 7.50 feet left and right of the' following described. centerline: .. _._~_.._,. ..-+----..-~--.--..--.-..----.---~.. ~. ..-......-.-- ".., ....-......--.---... .._.~_._....__. --.....---..-..- . <..--.. .___u__.__. __.._,.. .___. . .. ..__. _____._... h....__ . ,..__,_._... .._..._ ._ ..___. ...... .______.____ . ..... ___.._~__. _..... Conunencing at the Northwest corner of said Luttrell Park; thence South 180 58' 10" West a distance of 157.00 feet to a point; thence South 710 01' SO" E~st a diptance of 51.83 feet to the Point of Beginning; thence South 020 17' 44" East a distance of 110..00 feet to the Point of Termination. S:\CeritraJ\FUegaJ\Sites\2000s\2073b\Rt:viewer\2073B City Consent Agmt 07/24/00 9 ,