HomeMy WebLinkAbout2000 11 13 Regular A BellSouth Mobility, Inc, Lease Agreement
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COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearin
Re ular
xx
November 13, 2000
Meeting
MGR.
fDep' .
REQUEST: Community Development Department, Land Development Division, presents to
the Commission a proposed lease agreement between the City of Winter Springs
and BellSouth Mobility, Inc" to construct a cellular tower on the Site 16 property.
PURPOSE: The purpose of this agenda item is to present to the Commission a proposed lease
agreement between the City of Winter Springs and BellSouth Mobility, Inc., to
construct a cellular tower on the Site 16 property. Site 16 is located eastward of
the intersection of Bahama Road and Shore Road,
APPLICABLE LAW
Ordinance No. 678
FINDINGS: 1) The proposed lease meets the requirements of Ordinance No. 678 and is to
be located at "Site B" on the map attachment. The tower will be 165' in height.
The site to be leased is ] 0,000 sq, ft. in size,
2) The lease agreement shall be for an initial term offive (5) years with an option
to renew for three (3) additional five (5) year terms to occur automatically unless
Tenant gives City written notice to not extend at least six (6) months prior to the
end of the current term,
3) The tower to be located at Site 16 will have space for five (5) antenna arrays.
The second slot from the top belongs to the City and the City can set the terms for
this location and not share the proceeds with BellSouth.
4) The lease term is to be $30,000.00 per annum, with the exception of the first
year, The rental amount for each subsequent lease year shall be equal to the rental
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November 13, 2000
REGULAR AGENDA ITEM A
Page 2
amount of the preceding lease year plus five percent (5%) of that amount. The
rent for the first six (6) months of the lease shall be $1,500,00 and the next six
(6) months shall be $15,000,00. The second year's rent shall be $31,500,00
Provided the lease runs for the entire twenty (20) year term, the City will realize
approximately $978,000.00 from BellSouth.
5) Other than the second slot which will belong to the City, the City will realize
$1,000,00 per month for each of the remaining three slots when occupied,
6) Negotiations are presently ongoing for the second slot once the tower is
operational.
RECOMMENDA TION:
The recommendation is that the Commission approve the proposed lease
agreement between the City and BellSouth for the construction of a
communications tower at the Site 16 location.
ATTACHMENTS:
A - Ordinance No. 678
B - Proposed Lease
C - Proposed Site Layout
COMMISSION ACTION:
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ATTACHMENT A
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ORDINANCE NO. 678
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
AMENDING CHAPTER 20 OF THE CODE OF
ORDINANCES BY CREATING SECTION 20-434
ttTELECOMMUNICATIONS TOWERS" ~ PROVIDING
FOR DEFINITIONS; PROVIDING FOR FINDINGS
AND INTENT~ PROVIDING. FOR APPLICABILITY;
PROVIDING FOR LOCATION; PROVIDING FOR
PERFORMANCE STANDARDS {DESIGN CRITERIA;
PROVIDING FOR SPECIAL EXCEPTIONS;
PROVIDING FOR CO-LOCATION~ PROVIDING FOR
ABANDONMENT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of
Winter Springs, Florida has determined it to be in the best
interests of the health, safety and welfare of the citizens of
Winter Sprlngs, Florida to regulate the location, design and
other matters relating to Telecommunications Towers in the
City of Winter Springs, Florida; and
WHEREAS, the Code of Ordinances of the City of
Winter Springs does not provide regulations which' reflect
changes in technology and federal regulations for such
Telecornmunlcations Towers;
WHEREAS, the City of Winter Springs seeks to guide and
control future development within the City to preserve and
maintain the character of its established land use and zoning
districts and has an objective (Objective 3 of the Future Land
Use Element in the City's Comp~ehensive Plan, Vol. 2 of 2)
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which requires that "land developmer.t regulations shall
provide cri teria to ensure such (public and quas~-public)
facilitles are located and designed to be compatible with
adjacent land uses";
WHEREAS, the City Commission realizes that our society is
becoming
dependent
cellular
and other
on
types
of
communication requiring transmission towers and that provision
of Telecornmunica tion Tow~rs and utili ty service facilities
within the City of Winter Springs serves the public health,
safety and welfare; and
NOW, THEREFORE, BE IT ORDAINED BY Tr~ CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA, YriAT:
sp.crTON T - City of Winter Springs Code, Chapter 20,
"Zoning", is hereby amended by adding a new section, Section
20-434 to read as follows;
Sec. 20-434. Telecommunications Towers.
(a) Definitions.
ANTF.NNA shall mean a transmitting and/or recelvlng device
used in telecommunications that radiates or captures
electromagnetic waves, including directional &~tennas, such as
panel and microwave dish Antennas, and omni-directional
Antennas, such as whips, excluding radar Antennas, amateur
radio Antennas and satellite earth stations.
CO-LOCATION shall mean Telecommunications Towers that
have the potential to have, three or more carrier Antennas
located on it.
DE~D~MF.N~ REVTRW COMMTTTF.F. shall mean the City staff
composed of the City Manager, Land Development Coordinator,
Ci ty Engineer, Public Works/Utili ties Director, Communi ty
Development Coordinator, Building Official, Police Chief, Fire
Chief.
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Gt~7D TONEE shall mean a TelecommQ~ications Tower that is
supported, in whole 0;:- in part, by guy wires and ground
anchors.
LAT1'TCE TOWSR shall mean a Telecommunications Tower that
is constructed with a series of struts forming a non-solid
surface tower, without guy wires standing on and fastened to
an in-ground pier.
MICROWAVE shall mean a dish antenna, or a dish-like
antenna used to link communication sites together by wireless
transmission 0= voice or data.
MONOPOT,E ""OWSR shall mean a Teleconununications Tower
consisting of a single pole or spire self supported by a
permanent foundation, constructed without guy wires with
ground anchors.
P~_~L ANTENNA shall mean an array of Antennas designed to
concentrate a radio signal in a particular area.
ST"8AT,.,....... FACTT,TTY shall mean any Teleconununications
facility which is designed to blend into the surrounding
environment. Examples of stealth facilities include
architecturally screened roof-mounted Ante~~as, Antennas,
integrated into architectural elements, and Telecommunications
Towers designed to look like light poles, mono-power poles or
trees.
TELECOMMUNICATIONS TOWER shall mean a monopole tower
constructed as a free-standing structure greater than 35 feet
and no more ~~ ~ feet in height including antenna, which
supports communication, transmission or receiving equipment.
The term includes towers for the transmission or receiving
television, AM/FM radio, digital, microwave, cellular
telephones, or similar forms of electronic communication. The
term excludes radar towers, radio support structures licensed
by the FCC, transportable communication devices, private home
use of satellite dishes and television antennas and satellite
earth stations.
J:m.TP A}jT~A shall mean a cylindrical Antenna that
transmits signals in 360 degrees.
(b) Pindings and Intent.
The City has with increasing frequency received requests
to approve sites for Telecommunications Towers. Land
development regulations have not adequately identified
specific procedures to address recurring issues relating
to the approval of locations for Telecommunications
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Towers. Therefoie, it is the intent of this ordinance
(to be codified as Sec. 20-434 of the Code of Ordinances
of the City of Winter Springs) to address the recurrent
issues pertaining to the approval of Telecommunications
Towers upon parcels located in the City of
Winter Springs. Accordingly, the City Commission finds
that the promulgation of this ordinance is warranted and
necessary:
(1) To protect resida~tial areas and land uses from the
potential adverse impacts of Telecommunications
Towers when placed at inappropriate locations or
permitted without adequate controls and regulation
consistent with the provisions of law;
(2) To minimize the adverse visual impacts resulting
from Telecommunica tions Towers through sound and
practical des1gn, siting, landscape screening, and
innovative camouflaging techniques' all in
accordance with generally acceptable engineering
and planning principles and the public heal th,
safety and welfare;
(3) To avoid potential damage to adj acent properties
through sound engineering and planning and the
prudent and careful approval of Telecommunications
Tower sites ~~d structures;
(4) To require shared use/co-location of existing and
new TelecommQ~ications Towers (capability of having
space for tnrfte or more carriers) to avoid
proliferation of towers throughout the City of
Winter Springs. One co-located position shall be
reserved exclusively for the use of the City of
Winter Springs;
(5) To ensure that location of Telecommunications
Towers is consistent with the provisions of the
city of Winter Springs Comprehensive Plan, the East
Central Florida Regional Policy Plan, . the State
Comprehensi ve Plan as well as the provisions of
State and Federal Law; and,
(6) To fix a fa~r and reasonable compensation, by
resolution of the City Commission, to be paid to
the City for the privilege to locate a
Telecommunications Tower in the City and defray the
administrative costs of reviewing the applications.
Also, a fee shall apply separately to each antenna
user on the Tower or other support structure. Fee
rates shall be renegotiable when contract expires.
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(c) Applicability_
(1) All new Telecommunications Towers and antennas in
the Ci ty of Winter Springs shall be subj ect. to
these :::-egulations and all other applicable
regula tions . For purposes of measurement,
Telecommunications Tower setbacks as listed in
subsection (f) (1) shall be calculated and applied
to facilities located in the City of Winter
Spr~gs, irrespective of other municipal and county
jurisdictional boundaries.
(2) All new communications Antennas (i.e. stealth
rooftop or building mounted antennas) which are not
attached to Telecommunications Towers shall comply
with subsection (f) (11).
(3) All Telecommunication Towers existing on July 14,
1997 shall be allowed to continue their usage as
they presently exist. Routine maintenance shall be
permitted on such existing towers. New
construction other than routine maintenance on an
existL~g Telecommunications Tower shall comply with.
the requirements of this section.
(4) For purposes of implementing this section, a
Telecommunications Tower that has received City
approval or building permit, but has not yet been
constructed, shall be conside~ed an existing tower
so long as such approval is current and not
expired.
(d) Location, Permitted Uses and Special Exceptions.
(1) Telecommunications Towers shall be a permitted use
at the following sites (see map attachment Figure 1
dated July 14, 1997) subject to other regulations
which may apply:
*
City of Winter Springs Wastewater Treatment
Plant #l\West Plant.
*
Proximate area of the Seminole County School
Board Consolidated Services Facility (a/k/a
Bus Barn).
*
City of Winter Springs West Effluent Disposal
Sites: at the southeast quadrant of Site 16
east of the southern percolation ponds.
*
City of Winter Springs City Hall.
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(2) A monopole shall be the permitted type of
Telecommunications Tower within the City of Winter
Springs. Stealth-designed monopoles are encouraged
by the City.
(3) Additional Tel~communication Tower sites shall only
be permitted as a Special Exception pursuant to
this ordinance. A property declared eligible for
considera tion as an additional Teleconununica tion
Tower site is City of Winter Springs Fire Station
#3 to be located on the south side by S.R. 434 in
Tuscawilla Tract 15, Parcel 3 (approximately 2,300
feet west of Vistawilla Drive). The
Telecommunications Tower located on this site shall
require a special exception from the Winter Springs
City Commission in accordance with this ordinance
and applicable City code provisions. The Tower on
this site shall not exceed a height of 120 I and
shall only be available as a tower site-following
approval by City Commission as part of the grant of
the Special Exception. Following approval and
construction of the four (4) towers described in
this subsection, additional towers may be applied
for ~~d justified in accordance with the applicable
standards for a special exception in the City Code,
as well as these standards:
(a) The tower at proposed Fire stations #3
and any subsequent additional
telecommunication tower is required for
public safety comm~~ication needs; or,
(b)
Technical data is presented
applicant indicating that the
tower is the only technically
available site to
telecommunications services
needs to area citizens; and,
by an
proposed
feasible
assure
coverage
(c) Such Technical., data specified in
subsection (b), above, is not for
speculative, untried telecommunications
uses but is for current technology
recognized or approved for service area
needs and market conditions under
applicable state, federal or local laws,
regulations or ordinances; and,
(d) All such Technical data shall be provided
at cost to the applicant. The City may,
in approx~mate cases in its sole
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discretion, retain the service of
technically competent consultants to
evaluate the data submitted by a...TJ.
applicant to justify ~ additional towe=
pursuant to this ordinance. The
applicant shall post a deposit with the
Ci ty Manager or his designee in a sum
such that the applicant for the
addi tional Teleconununica tion Tower pays
the full cost of technical review of such
tower by City's consultant; and,
(e) Initial review of any additional
Telecommunication Tower sites shall be by
the City's Development Review Committee.
The Special Exception shall also be
considered by the Planning and zoning
Board which shall make a reconunendation
to the City Commission concerning said
Special Exception; and,
(f) Additional tower sites shall be:
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(ii) Erected to a height that is the
minimum height necessa-ry to
technically serve the applicant's
needs, but not exceeding the lesser
of ~ or a height calculated based
on a tower setback of 125% of the
tower height measured at grade from
the base of the tower to the closest
~esidentially zoned property line;
and
(iii) the use of stealth tower is
encouraged in accordance with this
ordinance.
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(e) Site Plan.
Any Telecomm~~ications company o~ entity that intends to
install a Telecommunications Tower in the City shall file
a si te plan (as defined in Chapter 20 "Zoning", if
applicable and/or Chapter 9 "Land Development" Code of
Ordinances, City of Winter Springs) with the Land
Development Coordinator. Said site plan shall be
reviewed by the Development Review Committee.
(f) Performance Standards/Design Criteria.
(1) Setbacks.
a. Telecommunications Tower setbacks shall be
measured from the base of the tower to the
property line of the parcel on which it is
located.
b. The setback requirements shall be a minimum of
ten (10) feet from any lot line and shall
comply with setback requirements in this
ordinance or the City Code for setbacks from
adjoining uses.
(2) Separation of towers from off-site uses used to
calculate maximum tower height.
Separation distances between Telecommunications
Towers and the lot line of any residential zoned
property shall be used to determine the maximum
height of a proposed tower. The maximum height of
any tower shall not exceed ~ provided however
that the distance from the tower base to the
nearest lot line of residentially zoned property
shall be a minimum of 125% of the tower height.
(3) Measurement of Height.
a. Measurement of Telecommunications Tower height
shall include Antenna, base pad, and any and
all other appurtenances and shall be measured
fram the finished grade of the parcel on which
the Telecommunications Tower is located.
b. Telecommunications Towers shall not exceed QUe
bundred sixty fi VA (165 ') feet in height which
shall include the antenna.
(4) Illumination.
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Telecommunications Towers shall not be artificially
lighted except to assure human safety as required
by the Federal Aviation Administration.
(5) F~nished color.
Telecommunications Towers not requiring F.~
painting/marking shall be of such color that will
blend with the surrounding environment.
(6) Structural Design.
a. Site plan(s) are required and shall be
submitted for approval as defined in Chapter
20 zoning (if applicable) and/or Chapter 9
Land Development, Code of Ordinances, City of
Winter Springs, Florida.
b. Telecommunications Towers shall be constructed
in accordance with the EIA/TIA 222-E Standards
as published by the Electronic Industries
Association, which may be amended from time to
time, ASCE 7-95, "Minimum Design Load for
Buildings and Structures", (Wind Loads
G~apter), as published by the American Society
of Civil Engineers, and further defined bv
ASCE 7-88, "Guide to the Use of the Wind Load
Prov:Lsions", both which may be amended from
time to time, and all City of Winter Springs
construc~ion/building'codes as indicated in a
statement signed, sealed and dated by a
professional engineer licensed to practice in
the State of Florida.
c. Such statement shall also describe the tower's
capacity, number and type of antennas it can
accommodate. No tower shall be permitted to
exceed :Lts loading capacity. For all towers
attached to existing structures, the statement
shall include certification that the structure
can support the load imposed by the tower.
d. All new Telecommunications Towers, and those
existing towers to be modified, shall have the
capability of having space for th~ee or more
carriers. One of these spaces shall be
reserved exclusively for the use of the City
of Winter Springs. Tower owners shall
accommodate other antenna users on the:Lr
towers.
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e. ?u~ther, any improveme~ts ~~d/or additions
(i.e., Antenna, satellite dishes, etc.j shall
require submission of a site plan signed,
sealed and dated by a professional engineer
licensed in the State of Florida which
provides substantial competent evidence of
compliance with the EIT/TIA 222-E Standards
ASCE 7-95, "Minimum Design Load for Buildings
and Structures", (Wind Loads Chapter), as
published by the American Society of Civil
Engineers, and further defined by ASCE 7-88,
"Guide to the Use of the Wind Load
Provisions", both which may be amended from
time to time, in effect at the time of said
improvement or addition.
(7) Public Notice.
Notice of any request, under this ordinance, shall
be published (in a newspaper of general
circulation) and personal notification shall be
given to all property owners located within three
times the height of the tower area. Personal
notification shall mean notice sent by first class
U.S. mail, and to the Board of Directors of duly
recognized homeowners associations.
(8) Signage.
No commercial signage or advertising shall be
permitted on a Telecommunication Tower unless
otherwise required by law or the signage pertains
only to the posting of the property relative to
trespassing. The use of any portion of a tower or
perimeter fence/wall for signs or advertising
purposes, including company name, banners,
streamers, etc., shall be prohibited.
(9) Fencing.
a. A vinyl coated chain-link fence or masonry
wall not less than eight (8) feet in height
from finished grade shall be installed by the
applicant around each Telecommunications
Tower. Barbed wire or other fencing method to
prevent pedestrian access to the tower, not to
exceed two (2) feet in height, shall be
installed along the top of the fence or wall,
but shall not be included when calculating the
height of the fence or wall.
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b. Access to ~he tower through the fence or wall
shall be t~=ough a gate which shall be locked
a t all times the tower si te is not being
occupied by the person or entity in charge of
the Telecommunications Tower or site.
(10) Landscaping.
The visual impacts of a Telecommunications Tower
shall be mitigated for nearby viewers through
landscaping or other screening materials at the
base of the tower and ancillary structures ~n order
to maintain visual aesthetics for those who must
view the site on a regular basis including, but not
limited to, proximate residents and the travelling
public. The following landscaping and buffering
requirements shall be required around the perimeter
of the tower and accessory structures;
a. A row of shade trees of minimum of eight (8)
feet tall that will reach heights of 40+ feet,
two and one-half (2 1/2) inches in caliper,
and a maximum of ten (10) feet apart shall be
planted around the outside perimeter of the
fence/wall;
b. A continuous hedge shall be planted in front
of the tree line referenced above; it shall be
at least thirty (30) inches high at planting
capable of growing to at least thirty-six (36)
inches in height within eighteen (18) months
shall be planted in front of the tree line
referenced above;
c. All landscaping shall be of the evergreen
variety beL~g a minimum quality of Florida #1.
d. All landscaping shall be xeriscape tolerant
and shall be properly maintained. by the
Telecommunications Tower owner/operator to
ensure good health and viability.
The use of existing vegetation shall be preserved
to the maximum extent practicable and may be used
as a substitute or supplement towards meeting
landscaping requirements.
(11) Antennas on Buildings.
Stealth rooftop or building mounted antennas shall
only be permitted after buildout to three co-
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locations on each of the four (4) tower sites
indicated in subsection (d) above. After buildout
occurs, then steal th rooftop or bUilding mounted
antennas may be erected. Any stealth rooftop or
building mounted antennas which are not attached to
a Telecommunications Tower, shall be a permitted
ancillary use to any commercial, industrial, Public
Buildings, Utility Installation, and Recreation
(sites greater than ten (10) acres in size) land
uses indicated on the Future Land Use Map of the
City's Comprehensive Plan provided that:
a. antennas shall only be permltted on buildings
which are at least fifty (50) feet in height
(the height requirement may be waived if
public safety needs warrant the antenna) ;
b. antennas may not extend more than twenty (20)
feet above the highest pOint of a.roof (this
requirement may be waived if public safety
needs warrant additional height);
c. ante~~as and related equipment buildings shall
be located or screened to minimize the visual
impact of the antenna upon adjacent properties
and shall be of a material or color which
matches the exterior of the building or
structure upon which it is situated;
d. no commercial advertising shall be allowed on
an antenna or supporting structure;
e. no signals, lights, illumination shall be
permitted on an antenna or equipment building
unless required by the Federal Communications
Commission (FCC) or the Federal Aviation
Administration (FAA): and
f. No more than' one (1) total unmanned equipment
building shall contain more than seven hundred
fifty (750) square feet of gross floor area or
be more than twelve (12) feet in height. All
building shall be subject to regulations of
the Building Department; and
(12) Equ~pment Storage
Mobile or immobile equipment not
support of a Telecommunications
shall not be stored or parked on
tower unless repairs to the tower
used in direct
Tower facility
the site of the
are being made.
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and are in prog~ess.
(13) Schedule of structural Integrity
Telecommunication Tower owneis/operators shall
submit to the Building Department a certified
statement from a qualified, registered,
professional engineer, licensed in the State of
Florida, attesting to the structural and electrical
integrity of the tower on the following schedule:
(a) All towers examined one year after
initial construction.
(b) All towers every five (5) years;
(d) The City may require such certified
statement after a nearby unusually severe
storm event as determined b~ the (NOAA)
national weather service.
(14) Transmission/Reception Interference.
Each application to allow construction or
modification of a Teleconununications Tower shall
include a certified statement from a qualified,
registered, professional engineer, licensed in the
State of Florida, attesting that the construction
of the tower, including receiving and transmitting
f~nctions, shall not interfere with public safety
communications and the usual and customary
transmission or reception of radio, television,
etc_, service enjoyed by adjacent residential and
non-residential properties_
(1 5) Telecommunications Towers are prohibited when a
proposed or existing prinCipal use includes the
storage, distribution, or sale of volatile,
e.xplosi ve, or hazardous wastes such as LP gas,
propane, gasoline, natural gas, and corrosive or
dangerous chemicals.
(g) Co-location of Communications Antennas.
The City of Winter Springs desires to minimize the number
and general proliferation of communication towers. This
section is intended to insure that Telecommunication
Towers that are permitted within the City of Winter
Springs are utilized in a manner that provides for the
maximum number of service providers upon each tower
within the context of technical feasibility and safety_
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Further, this section lS intended to minimize the number
of such towers w:. thin the Ci ty. Specifically, as a
minimum, Telecomm~~ications Towers exceeding one hundred
(100) feet in height shall be engineered and constructed
to accommodate th-ee ()) communication providers. The
City shall have the authority to require, specify and
otherwise stipulate that Telecommunication Towers be
engineered and constructed in a manner that provides for
three (3) co-loca tlons as part of the conditional use
and/or site plan approval processes. As a condition of
approval of all Telecommunication Towers and to the
extent that co-location is technically feasible, all
owners of existing Telecommunication Towers shall, upon
request of another service provider and for reasonable
and agreed upon consideration, permit additional
communication service providers upon such e~isting
Telecommunication Tower. Applicants desiring to
construct new Telecommunication Towers shall submit
written documentation that clearly explains the need for
and reasons for the proposed construction of a new
Telecommunication Tower rather than locating proposed
antenna array/communication equipment upon an existing
tower. Such documentation shall include plans of
existing and future towers by the applicant/provider in
question, correspondence with existing Telecommunication
Tower owners and may include a cost analysis of
alternatives. Existing service providers, e.g., existing
Telecommunication Tower owners, that are unwilling, upon
request of another service provider, to allow co-location
upon such existing tower, shall submit written
documentation to the City with reasons and justification
as to why such co-location cannot be accomplished.
Competition between service providers shall not be
considered to be a valid reason for preventing or
otherwise obstructing co-location., The City shall
determine whether the applicant and/or existing provider
are reasonable and correct in their respecti ve
assertions. If the city determines that either party is
being unreasonable or otherwise uncooperative, the City
shall deny the applicant's request for a new tower and/or
the City may cause the existing Telecommunication Tower's
approval to be revoked and said existing tower to be
removed. Such determination involving existing tower
owners shall be made in writing and adopted by a majority
vote of the City Commission upon holding an advertised
public hearing and notification of the owner at least
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fifteen (15) days prior to such hearing. Upon adoption
of such determination by the City Commission, the
existing tower owner and the property upon which such
tower is loca~ed shall be considered to be a violation of
the City's Land Development Regulations and shall be
subject to any and all remedies and penalties thereof.
To minimize adverse visual impacts associated with the
proliferation and clustering of Telecommunications
Towers, co-location of communications Antennas by more
than one (1) carrier on existing or new Telecommunication
Towers shall take precedent over the construction of new
single-use Telecommunications Towers as follows:
(1) Proposed communications Antennas shall co-locate
onto existing Telecommunications Towers.
(2) Type of Construction. A Telecommunications Tower
which is reconstructed to accommodate the Co-
location of an additional communications Antenna
shall be of a monopole tower type. Steal th-
designed monopoles are encouraged.
(3) Height. An existing Telecommunications Tower may
be modified or rebuilt to the allowed height
including antennas by compliance with this
ordinance;
(4) Onsite-location.
a. A Telecommunications Tower which is being
rebuilt to accommodate the Co-location of an
additional communications Antenna may be moved
onsi te, but shall comply with or maximize
setback requirements from residentially zoned
property.
b. After a Telecommunication Tower is rebuilt to
accommoda te Co-location, only one (1) tower
shall remain on the site;
(h) Certification of Compliance with Federal Communications
Commission (FCC) NIER Standards
Prior to rece~ving final inspec~on by the Winter Springs
Bu~lding Department, documented certification shall be
submitted to the FCC, with copy to the Land Development
Coordinator, certifying that the telecommunications
facility complies with all current FCC regulations for
non-ionizing electromagnetic radiation (NIER).
(i) Abandonment.
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(1 ) In the event the l:se of any Telecammunica tions
Tower has ~een discontinued for a period of one-
hundred eighty (180) consecutive days, the tower
shall be deemed to be abandoned. Determination of
the date of abandonment shall be made by the
Building Official who shall have the right to
request documentation and/or affidavits from the
Telecommunications Tower owner/operator regarding
the ~ssue of tower usage. The Telecommunications
Tower owner/operator shall provide all requested
information within ten (10) working days of a
request being made, and failu:e to so provide shall
be deemed to constitute 180 days of non-use of the
Tower. Upon such abandonment, the owner/operator
of the tower shall have an additional ninety (90)
days within which to: (i) reactivate the use of
the tower or transfer the tower to another
owner/operator who makes actual use of the tower,
or (ii) dismantle and remove the tower. With
regard to towers that received special exception
approval,' rrL~ety (90) days after dismantling or the
expi.::-ation of the two-hundred seventy (270) day
period as set forth in this Section, the special
exception ~~d/or variance for the tower shall
automat~cally expire.
(2) The City of Winter Springs, upon abandonment, and
at its discretion, may assu....ne ownership of the
tower at no cost, or require the owner to dismantle
the tower at the owner's expense. If the decision
is to dism~itle the tower, the property shall be
cleared of all appurtenances and returned to its
natural state.
(3) A...'"1 appropriate Surety Instrument to assure
dismantling costs shall be provided by the owner
prior to a tower construction permit.
SECTTON II - If ~'y section or portion of this Qrdinance
proves to be invalid, ~'"1lawful or unconstitutional, it shall
not be held to invalidate or impair the validity, force or
effect of any other section or portion of a section or
subsection or part of this Ordinance. Also, if any portion is
deemed invalid, unlawful or unconstitutional, then a ninety
(90) day moratorium on the construction and/or erection and/or
]6
~~~ ..;.#
~ 'i:
locatlon and placemen~ of any ~elecomm~~ic~tion Towers within
the City of Winter Spyings, Florida. shall automatically go
into effect upon said findings of invalidity, unlawfulness or
unconstitutionality to enable the City time to properly
prepare, consider and enact a new tower ordinance to protect
the public health, safety and welfare.
SECTION TTT - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTTON TV - This Ordinance shall take effect ~mmediately
upon its adoption, in accordance w1th 166.041 (4) Florida
Statutes.
tV
PASSED AND ADOPTED this}..! day of iJ~./
, 1997.
A~~k~
- . 6PKI S, CITY CLER..'<
FIRST READING ~c?6/ /997
POSTEDC~rffl IP97
SECOND READING AND PUBLIC lfEARING.J~-4_/l:/~f'7
/
17
.' .
ATTACHMENTB
Sen,! By: BWS;
407 425 9596;
Oct-20.00 12:35PM;
Page 3
LEASE ^G~MENT
THIS LEASE AGREEMENT is made this 13thday of Novemb~2000, between the CITY
OF WINTER SPRINGS, a Florida Municipal Corporation, whose address is 1126 East State Road
434, Winter Springs, FL 32108, (hercinafter desipated "City") and BELLSOl1TH MOBILITY
INC., a Georgia corporation authorized to do business in the State of Florida with offices at 5201
Congress Avenue, Boca Raton, FL 33487, (herc~ designated "Tenant").
REcrr ALS~
WHEREAS, Tenant desires to lease from City the real property for purposes of
CODstructiJ:1B, operating, 8Ild maiDtainina a telecommunications tower md antennae and (Elated
appurtenances for purposes of providing wireless t.o1ecommunicatlon services; and
WHEREAS, by adopting the Telecommwlications Act of 1996, the United States Congress
hAS indicated that the development of td~unicatiOl1S ipftutrocturc is a national priority; and
WHEREAS, the parties believe that this LeaSe Agreement is consistent with. and
implements, the national priority established by the United States Conaress in the
Telecommunications Act of 1996; and
WHEREAS, the parties believe that the implementation of this national priority through this
Lease Agreement saves a public purpose,
WHEREAS, City desires to lease the real property to Tenant for the public and private
purposes stated therein.
NOW THEREFORE. in consideration of the foregoing premises and other 2000 and
valuable consideration. the receipt and sufficiency of which is bacbyacknowledged, the City and
Tenant agree as follows:
'-<<&ASK AGREEMENT
1. Rtti Property.
City hereby leases to Tenant that certain parcel of real property located in Seminole County,
State of Florida, together with the non-exclusive riabt for ingres5 md egress, seven (l) days a week,
twenty-four (24) hours a day, on foot or motor vehicle. including ttw:b, and for the installation and
maintenance of utility wUes, cables, conduits and pipes over, under or alans Il twenty foot (20') wide
non-ex.c1usive right of inpss and egress extending fiom the ncaKSt public right of way, namely
Shore Road . to the ~ Property. The Lease Property is more specifically described
herein in Exhibit · A" which i. attached hereto and made apart heRo! Said Lease PIopelt)' and non-
exclusive right ofingress and egress shall be hereinafter rdtu~-d to as "Leaso Property", Cfty shall
8glSov'd1 M9\tilky Opdoa IIId Lean ~
Octobtt \7.1000
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j, Sent By: BWSj
407 425 9596;
Oct-20-00 12:36PM;
Page 4
cooperate with Tenant in Tenant's effort to obtain utility services along said Lease Property by
signing such documents or easements ~ may be requited by said utility companies and 8$ may be..
lliwfully signed by City to further the pwpose of this Lease: Agreement; provided, however, the
foregoing language shall not be in~,pl~ted as requiring City to srant or expedite the eonsidetatlon
of any ~ of permit, ordinance, n:solutioD, or approval. All utilities to the Lease Property shall be
separately metered in TCD.8Ilt's name and paid fur by Tecant In the event any public utility is unable
ro use the aforementioned Lease Property, City hereby aarees to cooperate with the Tenant in
locating an alternative suitable right of way or utility easement either to the Tenant or to the public
utility at no additional cost to the Tenant other than the rental amount stated in this tease
Agreement, provided tlUlt to do so is consistent with all requirements ofFedaal, State, and local law
and is determined not to be adverse to the public interest In the event that no suitable right-of.way
is made available that is acceptable to Tenant or the public utility, Tenant may immediately
tcrmiDaIe thi$ AtJrcement without my further liability hcmmdcr. and City shall mum \0 Tenant any
prepaid rent attributable., on a pro rata basis, to time periods after said termination. Further. Tenant
agrees that it shall carefully coordinate all applications fur casements or other docwnen1s involving
any type of governmental approvals with the City. and that to that end City shall not be asked to join
in or consent to any submittal to a governmental entity without an adequate opportunity tor City's
professional staff or consultants to review the same and advise City. City shall have the ability to
ask Tenant to include chanaes to its permit applications provided the chqes: (a) do not add
significantly to Tenant's development costs, (b) do not result in a significant delay, (c) are DOt
contrary to Tenant's development plan and (d) do not impair or alter the Tenant's intended use ofth<:
Lease Property.
1. Survey, Relocation.
City also hereby sranu to Tenant the right to survey said Lease Property, and the legal
description on said survey shall then become Exhibit -8", which shall be attached hereto and made
a part hereo~ and shaU control in the event of discrepancies between it an Exhibit · A-. City grants
Tenant the right to take m~. make ca1cu1atiom, and to DO~ other ~ 3dbecb, uses
or other infotDlation as reuonably deemed by Tenant to be t'Clcvant and pertinent, as such
information relates to City's real property, leased or otherwise abutting or SUII'Ounding the Lease
Property. Cost for such survey work shall be solely borne by the Tenant. lfas a result of any tests
or Investigations conducted by Tenant. or ifrequired in connection with obtaining any nec.essary
zoning approvals or other ocrtificatcs. permits. licenses. or approvals, Tenant desires to relocate aU
or any portion of the Lease Property to other porticms of City's a4;KCnt property, City agrees to act
in a reasonable and timely m.annor with respect to the approval of such a rcJocaccd site.
3. Tn..; R~ntal Paymfllts.
This Lease Agreement sball be for an initie1 term of five (5) Yfl8J"S beginning on the date tIW
Lease Agrc:cmc:nt is fully executed by both partic:a. Tenant shall have the option to extend this Lease
Agroc:ment for thRe (3) additioual fi~ (5) year tcons. and such c:xtcmiODS sha11 automaticaJ.1y occur
unless Tenant gives City written notice of its intention not to extend this Lease Agreement at least
six (6) months prior to the end of the cum:nt term. The first six month$ (6) months rent shall be One
91l11Souds Mobl/~ Opti~ Q ~e A,rmnmc
~ 17.2000
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Selft By: BWS;
407 425 9596;
Oct-20.00 12:37PM;
Page 5
ThoUS8l1d Five Hundred and no/lOOths DoUars ($1,500.00) which shall be due and payablo to the
City in full upon execution of this Lease Aareemcnl Notwithstanding any other termination rights
available to Tenant under this Lease Agreement. Tenant, at its sole and absolute discretion. shall
have the right to terminate this Agrecmc:nt It AnY times during the first six months (6) moirths with
five (5) days prior written notice to City. Notice of the Tenant's exercise ofits right to terminate
shall be given to City in aoco.rdance with Paragraph 1 S. hereof, and shall be effective upon receipt
of such notice by the City as evidenced by the mum re<:cipt or acknowledgment of receip~ as
applicable. The tMrIAi"ing six. (6) months rent for the fidt lease year sball be Fifteen Thousmd and
noli OOtbs f>ollars ($15,000.00) whic:h shall be due and payable to the City in full prior to beainning
of the seventh month under this Lease Agrement The rental amount for the second lease year
under thU Lease Ageement shall be Thirty-One 'Jbou,sand Five Hundred and nollOOtbs Dollars
(531,500.00) which shall be due and payable in full in advance of the second anniver.wy ftom the
effective date ofthls Lease Ap-cemcnt. The rental amount for eada IlUbsequent lease year shall be
equal to the rental aD10unt of the preceding lease year plus five percent (5%) of that amount. (For
example, the rental amowtt fortbe third lease year sba11 be 531.500.00 x 1.05 :::S33,07S.00and so
on until the end of this Lease Agreement.) Rental payments sball be due BD:d payable in advance on
each anniversary from the e~tive date of this Lease Apcement. Rental payments shall bo made
pa.yable to the City of W'urter Springs or to such other person. tinn or place 8$ the City may, from
time to time, designate in writiDa at least UUrty (30) days in advaDce of any rental payment. IfTeuant
fails to pay the rental PfOC*'ds within ten (10) days of when due, Tenant shall pay a late fee to
Tenant in the 8J1tount offive pc:rcc:nt (5%) oftbe delinquent payment
4. Use ofLr:ase Property.
Except as provided in this paragraph 4.0, all other uses of the Leased Property by Tenant are
prohibited.
a. Teuut's Use. Tenant shell use the Lease Property for the purpose of
constructing, DU1iotJIinit\g and operating a wirelcs$ telecommunications tower (the '"Tower") and uses
incidental thereto, consisting of en equipment padlshelter or building or buildings as necessary now
or in the futuro to sbe1ter telecommunications equipment. . &gdAtOI BOd related office space. a free
standing monopole of a heigbt of one hundred sixty-five feet (165') above ground level (AGL), and
all necessary ~ecting appwtcDaOCCS (hcn:iDafter ~ to as .CommuaJ.catioDS Pacility"). The
monopole shall provide for a total oftive telecommunication carriers, including TCIWJt and City.
The second spaoc from the top of on the monopole $ball be for the City's exclusive use and any
rental amounts rc<lCivcd from said second space shall be negotiated by and ~vcly belong to 1M
City~ provided Cit}'s use does not exceed the capacity requircmCllt of a l)'pical cellular
communications provider aDd said use doos not interfere with any otheI user oflbe Communications
Facility in place prior to City. In the event that the City's use interferes with any pre-existing user
of the Tower. including Tenaot, Cit;y sball rectify said interference wi1hin 48 hours afta notiQC, [f
such int<<fCl'CllCC is not rec:tifi~ wi1hin said 48 hour period. Cit;y shall turn off power to the
off~ equipment (except for i.ntermiu.ent power for iata~ testing ~). Tenant may
at its discretion modify its antcuna s1Iutturc or building(s) ~istem with the Communications
Facility allowed under this subparagraph. A security fence consisting of chain link constrUCtion or
8d\Soll1h Mobility Oplicm Ind I.WC ~
~1'.2000
3
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i' Ser?t By: BWS;
407 425 9596;
Oct.20-00 12:37PM;
Page 6
similar but com('l'J'Ilblc comtrucrion shall be placed around the perimeter of the Lease Property (not
including Ihe twenty foot (20') ingress and egress right of way). All ofTQnaDt's improvements sball
be at Tenant's sole expense:. Upon prior written approval of City. Tenant may temporarily use
adjoining and adjacent IN1d under City's control as is reasonably required during coDSUUction,
installation, mainten~. and operation of the Communications Facility. At all times, Tenant will
maintain the Lease Property in a good, safe and reasonable condition. It is understoOd aDd agreed
that Tenant's ability to use the Lease Property is contingent upon its obtaining a1ter the execution
date of this Lease AgrcemflOt, of aU the certifieatcll, pcnnits and other approvals mat may be required
by any federal, state or local authorities. City sba1l cooperaxe with Tenant in ill effort to obtain such
approvals. City agrees to sign such papers a!l are customarily and reasonably required to file
appUcations with the appropriate zoning authority aD<1'or co~;llsion for the proper t.Oning of the
Lease Property as requited for the Tenant's intended use set forth in this subparagxaph. Tenant will
pe:form all other acts and bear all expenses associated with the zonina procedure. City agrees not
to register any writtm or verbal posi1ion to the zoniq procedures, providine Tenanfs zonilli mluest
is coll5istcnt with this Lease Agreement NotwithsWlding my other tmnination rights available to
Tenant under this Lease Agreement. TtUDt, at its sole and absolute discretiou. $ball have the right
to termina1r; 1his ~ with ninety (90) days prior wriuen 1'Otice to City. Notice oftbe Tenants
cltercise of i1s riSht to tetminate sba1l be pYen to Ci'Y in ~ with Paragraph 15. hereof. and
shaH be effective upon ra:eipt of such Dotice by the City as evidenced by the return I<<cipt or
acknowledgment of receipt. as applicable. All rentals paid to said termination date shall be JeUlined
by the City. Upon such termination, this Lease Agreement shaJl *<>me null and void and all the
parties shall have no further obligations. including the payment of money, to each other.
b. Colloeatlon OD Lease Property. It is the City's desire to grant the
leasehold interest provided for herein to the Tenant in order to prevent the proliferation of
Communication Facilities within the City of Winter Springs. Therefore. the parties hereto
specifically agree 1hat the Tenant shall allow at least four other telecommunication companies (or
three of such companies and the Ci'Y), said tdecommunication systems ooiDS similar in natUre to
those of Tenant, including direct competitors of Tenant to ~locate antennae facilities on the
monopole to be ~rcctc:d on the ~ Property during the term of the Lease and buildings on the
ground space. Refusal to make the monopole available to other co-users on a reasonable buis shall
constitute a material breach of this Lease Agreemmt and entitle City to terminate ~ Lease
Agreement without penalty. The co-location space which is the secon<\ from the top shall be
ex.clusively reserved for City's use. Further, nothing ~ntaincd in this parqraph shall obligate
Tenant to allow co-Io~on of anteDnae facilities on the monopole which would unreasonably .
interfere with the primary use of the monopole by the Tenant. Otba' wireless telecommunications
providers which collocate their antcnnle and related appuxtenantos on the Lease Property, shall be
required to fim execute a coosent ~ with dx City under terms and conditions S\lbstantially
similar to the terma and cood.ilions coataioed in this Lease Aareemeat. including, but not limited to,
co-locatot directly payiq City the c:oUocation tent, co-locator separately leasiDs ground space for
its equipmcm. and further provided that the \>>-localor fWly abide by such <:oveaants lIDd conditions
as are contained herein to protect CitY! property. City aarccs 1hat said consent agreements with co-
locaton shall not <:ontam terms which, on their faee, extend beyond the tem1 of this Lease
Agreement All co-locators (with the exception ofthc occupan1(s) of the City's space as provided
8oUSoulh MoIIUity CJpCAmIIIId lDlSe '\pmaIt
Oaobcr \ ", 2000
4
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Sept By: BWS;
407 425 9596;
Oct-20-00 12:38PM;
Page 7/19
in paragraph 4. a.) shall pay City a monthly rental amount of One Thousand and no/IOOths Dollars
($1,000.00) per month which shall be made payable as requited in the con:llent agreement. Said
monthly rental amount (plus any sales tax due) shall be the total amount payable for the City's
consent. To the extent feasible, all co-Iocarod' ground equipment shall be located within the Lease
Property .
~. Tenaat'1 Maidtenaaee. Tenant sbaIl have the sole responsibility for the:
maintenance, repair, and security of the Lease PropertY and its Communication Facilities and other
property and equipment of Tenant located thereon, and shall keep the same in good repair and
condition during the term ofmis Lease Agreement. Tenant shall keep the Lease Property free of
debris and any dangerous, noxious, or offensive malerial wbicl1 would create. hazard or interfere
with the Leased Property and City'. swroundiDg property. Unless otheIwise agreed by City,
maintenance and repairs to Tenam's Communication Facilities which have the potential to create
noise or be disruptive shall berestri~ bctwCal the hours of between 7:00 a.m. and 7:00 pm.,
Monday through Saturday, excluding holidays. NotWithstandi"K anything contained ben:in to the
contrary, emergency repairs to the Lease Property (e.g., repairs or maintenance necessitated by an
intenuptioo of Tenants services as determined in Tc:nant's discretion) may be eonducted at'any time
as reasonably required.
d. Lightiag Color Or MODopoleIBaildlDg. Tenant sball retain the
galvanized steel finish ofits mODOPOlc so that it that blends with the surrounding area. Tenant shall
paint its equipment building a color that blends with the SUl1'OUI1diDg area and shall maintain the
paint in lID appropriate IDIU1DCI' to make the building as W10btrusivc IS possible. Unless &.ffirmaJivcly
required by Federal or State law, the Tenant shall not affix any type of strobe ligbl to the monopole
or place the same on the Lease Property.
c. ComplJaDce with LaW,. Tenant Iib.all c:omply with all presen1 &.cd future
Pedaat State and loc:allaws, tulcs and regulations in ~on with the installation. use, op<<ation,
repair, and maintenance of the Lease Property. monopole, and other Communication Facilities.
Failure to comply with such lows, rules. and regulations sb.l1l constitute . malCrial breach and default
under this Lease Agreement TeD3I1t sball be solely respomiblc for any pcaaltiC$ and fines arising
out of or in any way connected with the violation o( or IlOD-i:Ompliance with, such laws, rules, and
reaulatiollS. Notwithstanding the forcaoing, Tenant sba1l not be responsible for violations oflaws,
roles and replatiOllS with respect to any pre-cWting condition of the Lease Property or matters
caused by City or third parties.
S. TenmllndemllUy aad Holclllaraaleu.
Tenant shall indemnify and hold ha1m1ess City and its ofticcn, employees, attorneys, and
agents from and against fNt.ry demand, claim, cause of .u:tioo, judgment and expense, including
rcascmablc attorney's fees throu8h all trial, ~nlstrativc, post judgment, and appellate proceedinas,
and all loss and damase arising from aD)' iujUIY (including death) or damage to the person or
property of Tenmt or to the penon or property of Tenant's agents. servants, employees. guests,
invitees, Of to any other person or personal property 001be Lease Property, including, but not limited
OellSoutll Mollilny OptiOll _ LaISc~'
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407 425 9596;
Oct-20-QO 12:39PM;
Page 8/19
to, City'! agents, servants, employees, guests, invitees, and personal and real property; (i) where the
injwy or damage is caused by any act or omission ofTeoa.n~ its agents, servants.. employees or any
other person entering upon the Lease property undet express or implied invitatiOd of Tenant; and
(ii) where the injury or damage results from the violation created by Tenant, its agents. servants, or
employees, of any law, ordinance or governmental order of any kind. or of the provisions of this
Lease Agreement; and (iii) where the injury or damage is in any way related to or connected with
the conduct of Tenant's use and cx:cupancy of die Lease Property.
a. IDdemnifi~tioD CoD.litiol1. This indemnification shall obligate the Tenant
to defend at its owo cxpcme or to provide for such defense, at the option of the City as the case may
be, of any and all claims, liability and all suits and actions of every name and description that may
be brought against the City or it! employees, offi<:m. attorneys, and ~ for which Tenant has
an indemnificatory obligaUon under Paragraph S.O, ~ however, such claims or damages as may
be due or caused by the City. or its servants or agents. Such indenWficatiOD shall be satisfied wilhin
the policy limitations by the existence of the ins1Jrance coverage required by this Lease Agrcanent.
For any claim in acess of the policy Iimita1ions spedfied in this Lease Agreement. or for any claim
which is excluded from the policy required in this Lease Apement. the Tenant may be lIubj~ to
any legal or equitable proceedln&s arlsill2 from this indemnity. The City maJl be permitted to
choose legal counsel of its sole choice, the fees for which shall be subject to and Included with this
indemnification provided herein.
b. City's IWPOll5ibiIJty. City sba1.1 be responsible for the acts and
omissions of itself and its officers. employees, and agents to the extent permitted by law.
c. Limitatioa of CUy'. Liability. The obliptions of City under this Lease
Agreement do not constitute pmona1 obUgatiOll5 of1he individual oftiocn or employees of City. and
Tenant sballlook soldy to the Lease Property that is subject of this Lease Agreement and to 110 other
wets of the City for satisfaction of any liability in respect of this Lease and will not seek recourse
against the individual officers or cmplo)'CQ of City or any other personal assets for such satisfaction.
d. Survival. This paragnph sbal1 survive the tonnination of this Lease
Agreement until all applicable statute of limitations have expired.
6. General LiabUIty lIISurance.
Tenant shall continuously IDIfntBin in force. at all times during the term of the Lease
Agreement, and at its sole cost and expense. a Commercial GePeraJ Liability or Business Owner
Liability insunmcc policy with a sinp limit, per ~. for bodily injury and property damage
of not Jess than One Million and noIlOO DolJarB ($1,000,000.00) and wi1h the City orWintel' Springs
named as llIl additional insured as ita lntemts may tlppeal' from time to time 8l1d shall submit proof
of same prior to conunencina eonstrucrlon of the monopole or any CommunicatioD Facilities on the
Lease Property and thereafter upon request of the City. Failure Oft the part of Tenant to mainrain
the required liability i.nsunulce shall constitute a ma!erial breach of the terms of this Lcue
Agreement. Certificates of insurance for any such insurance policy required to be obtained by
8.lISllUllt Motrt1l\y 0pdDtI tr4 ~ ~
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407 425 9596;
Oct-20.00 12:39PM;
Page 9/19
Tenant in compliance with thi$ ~h shall be filed and maintained with the City annually during
the term of the Lease Agreement or filed more frequently at such time Tenant changes its.insurance -
policy. Tenant shall immediately advise the City of any claim or litiption that may result in liability
to City. From time to time, the City and Tenant shall negotiate appropriate increases in the
minimum limits of insurance required in this Lease AlfCaDCIlt in consideration of an increase in the:
cost-of-living or chanees in case law or jury verdicts for damages in Florida that may increaso
liability ofTcnaut or the City. Failure of the parties to qree on an increue. the requ~ limits for
all typeS of imura.nce cove.rap l1'quin:d bemmder 3ha11 inacase by 2S% over the minimum limits
as required prior to the parties commenclDg ncgOtiatiODS for an iDsurance covcraac increase.
Notwitbsw\d.ing the foregoing. the parties a&I'" that the required limit for each type of insurance
coverage required heIeundcr sball not incmue by more tbIIl2S% during 811)' five year period during
this Lease Agreement. All policies ahall conraln an endorsement which requires at least thirty (30)
days prior written notice to the City ofW'mta Springs by the insurer of any intention not to renew
such policy or to cancel, replace or materially alter the same.
L Other lDsuraDce. Tenmt shall also continuously JnIintain in force.. at aU
times during the term. of the Lease Agreement, and at its sole cost and expeose. an automobile
liablllty insurance poliey covering all owned. biml ami nOD-owned vehic:lcs in use by Tenant, its
employees and agents, with personal protection iDsurance and property p~on insurance to
comply with the provisioftS of state Jaw, with minimum limits and applicable requirements as set
forth in paragraph 6.0. In addition, worbrs' compensation insuraDc:e shall be continuously
maintained which meets applicable state and federal law.
7. Tues.
T enllDt shall be responsible for making any necessary returns for and paying aD)' and aU
property taxes separately levied or assessed against its improvcmems on the Lease Property. Tmam
shall annually reimburse City as additional rent for any increase in real estate taxes lavied against
the Lease Property which arc directly attributable to the improvements constructed by Tenant and
are not separately levied or assessed agaiJut Tenant's improvements by the taxing authorities. If
Tenant fails to pay all taXes as provided above, City may pay the same, and upon written t=iuat,
subject to a thirty (30) day grace period. TCD8Jlt sball be in default md City shall have all other
remedies available at law or under this Aercement to collect and pay the taxes from Teuant and
Tenant shall immediately rclmburx City for 1he amount thereof (iDc1udina penalties tmd interest
thereto) plus interest at a rato of21 % per BIUlUID. No~DLliDllbc foregoing, City hereby agrees
that if the taxes which are levied aaainJt Tenant'. improvements on the Lease Property are
incorrectly assessed. TeD.ID1 r7unn~ll\S the risht to appeal the tax assessment to the appropriak
governmental authority, said appeal shall be paid for by Tenant
8. Removal of TeuDt'. Property Upoa T.rmSaatioD.
Upon tennhlation ofthi. Lease Agn:cment. Tenant shalL within mnety (90) days. remove
aJl of its Communications Facilities aDd restore the Lease Property to its original above grade
condition, ordilUll')' wear and tear and dlunaec by casualty excepted. At City's option, when this
BelISoudt Mobil'" Opqofl-' t...aoe ~l
()<<oboer /7. 2000
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Ser)t By: BWS;
407 425 9596;
Oct-20-00 12:40PM;
Page 10/19
Lease Agreement is tennin.ucd and upon City's advance written notice to Tenant, Tenant will leave
the foundation and security fence to become property of City at no cost to City. If such time for
removal causes Tenant to remain on the Lease Property beyond such ninety (90) day removal period,
Tenant shall pay rent at the then existing monthly tate or on the existine annual pro-rata basis if
~ upon a lOI1&cr payment term, until $UCh time as the removal of the Communications Faollities
are completed. NotWithstanding. if at the time this Lease Aaree.ment terminates another
teJecommWlication provider is co-locating on Tenant's Tower. pumJa11t to an existing consent
agreement with City, Tc::nant may elect to: (8) retain ownenh1p of the: Tower and delay such removal
[0 the extent nccc'sary to pcnnit the co-location(s) to continue operating under the terms and
l:onditions of their consent agreement with City, (b) traDsfer or sell the Tower to an existing co-
loClltor in ~ordance with Tenant's master ~t with said c:o-lQC8tor, provided the existing co-
locator aarees to be bound by the tems of chis Lease Apeemc:nt, includini but not limited to, the
payment of the rent due hereunder, or (c) transfcrthe Tower to the City for its curront fiUr market
value. Upon termination of this Lease Agreement and removal of Tenant's Communication
Facilities, Tenant shall be released of any liability ooourring on the Lease Propmy after such
termination and removal, except full removal of the Commwdcauion Facilities shall not be JCqUired.
to release such liability if the Communication Pacilities are required to remain on the Lease Property
for co-Ioc:ation(s) pursuant to thb Lease Agrecmont and Tcoant conveys its full interest and title in
the remaining Conununication Fatilities to the City or a telecommunications provider co-locating
on the Lease Property. The communications facilities, equipment. improvements, fixtures and other
property of Tenant and its subtenants lU1dIor lic:emccs on the Leased Property man be and remain
the personal property of Tenant and/or its subtenants and/or licensees shall be entitled to take or
remove all or any portion of their respective Communications Facilities, equipment. improvements,
fixrures and other property from the Leased Property without any hindrance by. through or UDder
City or the holder of any mortgage, deed of trust. ground lease or other encumbrance.
NotwithsWlding the foregoing provisions, the Ccmmunications Facilities shaD remain the personal
pro~ of the Tenant, but in tho event Tcnantabandons its Communication Facilities on the Leased
Property, and if City desires to regain the Leased Property, then at any tUnc thereafter, City may
forthwith reentu and take possession of the Leased Property without process. or by any other lawful
means.
9, Future Salt or Lease of City's Property.
Should the City, at any time during the term oftbis Leax Agreement, decide to sell aU or
any p< of its RIl property which include8 the Lease Property to a pmchaser o1bcr than Tenam. such
we shall be under and subject to this Lease ~ent and Teuam'1I rights hemmder. City agrees
not to sell, leuc or use my other an:as of the qer parcel upon wbid1 the Lease Property is 3ituated
for the placement of other communlcatiom fKilities if such inltUJatiOll would cause inted'm:ncc
to Tenant's ability to reeeivc or trusmit wireless commWlication servi~ from Tenant's
Communication FaQlitica located on the Lease Property or the c:ommuniootions equipment of any
other users of the Towa. as determiDed in Tenant's discretion.
lkllSvvdl Mo&fUcy OP\iOtl eM I..as~ 1\Vf--
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407 425 9596;
Oct-20.QO 12:4QPM;
Page 11/19
10. Peaceful Eajoyment.
City covenants that Tenant. on paying tho rent and performing the covenants contained in
this Lease Agreement shall peaceably and quietly have. hold and enjoy the Lease Property.
U. TItle to Property.
City covenants that City is seized of good and marketable title and interest to the Lease
Property and bas full authority to enW into and execute this Lease Agreement. subject to any
encumbrances recorded in the public records of Seminole County, Florida.
12~ Entin Aqeemmt/ModHicatioaa.
It is agreed and understood that this Lease Agreemmt c:ontaim aU agreements. promises and
Wlderstandings betweeu the City and Tenant and that DO verbal or oral agreements. prop1Jses or
\1I\derstandings sball be biDding upon either the City or Tenant in any dispute. controVersy or
proceeding 81law, and ~ addition, vmiarion or modUkation to this Lease Agreement shall be void
and ineffective unless made in writing and siJQed by the parties.
13. Veaue aud JurisdlcttoD.
This Lease AgICCDlcnt and the perfounance tbc:n:of sbal1 be eoverned. interpreted. constlUcd
and regulated by the laws of the StIlle of Florida. The putics hereto agRe that the $We or federal
courts located in the State of Florida shall have exch.mive jurlsd.lCtion over the parties and the subject
matttz of any Utigation between the parties hemmder. For pUIposes of state court action. venue shall
lie within. Seminole County. Florida and Orlando, Florida. for federal c:ourt action.
14. Limited AnlammenL
This Lease Agreement may not be sold, assiped or transferred at any time except to: (a)
Tenant'$ principal. .ffiliAtes or subsidiaries ofits ~ipal or to any company upon which Tenant
is merged OD consolidalcd. (b) Crown Communications. Inc. or any principal, affiliates or
~idiaries of its principal or (c) an entity with a financial net worth in exce" of Fifty Million
Dollars (SSO,OOO,OOO.OO). As to othcrparties, this Lease Agreement may not be sold, assigned or
tnwfe1Ted without the written consent of the City such consent not to be unreasonably withhold.
City will consent to co-IoClltion on the To~, provided any sueb co-l~awr complios with the
provisions of subparqraph 4.b. ofmis Lease A,rccment.
15. Notkes.
AU notices ~ m_ be in wri~ and sbaU be deemed validly liven if sent by
certified mail. return receipt requested, or by a. national overnight receipted dellvay servi<:es which
provides signed acknowledgments ofl':ceipt (including Federal Express, UPS, Em<<Y. Purolatot,
BeilSoI4 M9tIiIity ()pUofl aM a- ~l
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407 425 9596;
Oct.20.00 12:41PM;
Page 12/19
DHL. Airborne and other similar COwlers delivery services), addressed as follows (or any other
address that the party to be notified may have designated to the sender by like notice):
City:
Tenant:
For Legal Notices
only, a copy to:
16. Binding Agreement.
City of Winter Springs
Ronald W. Mclemore, City Manager
1126 East State Road 434
Winter Springs, FL 32708
Phone: 407-327-1800
Fax: 407-327-6686
BcllSouth MobiUty. Inc.
5201 CoDIl'CSS Avenue
Boca Raton, FL 33487
Attn: Network Real Estate Manager
Phone: 561.995-3000
Fax: 561-995-3594
BellSouth Cellular Corp.
Suite 910
J 100 Peachtree Street. N.E.
Atlanta, Oeoraill 30309-4599
Attention: Legal Department
This Lease Agreement shall extend to and bind the bei.rs. personal representatives, successors
and assisns of he panies hereto.
17. Noa-dimlrbanece wtnuDent.
At City's option. this Lease Agreement sba1l be subordinate to any mortgage by City which
from time to time may encumber 111 ofpart ofthc Lease Property. provided, howcver, every such
mOItpie shaU recognize. in a form subsclntially the same as the Subordination and N~
Agrc:cment attached hereto as Exhibit B, the validity of this Lease Agreement in the event of a
foreclosure of City's interest and also Tenant's right to remain in occupancy of and have access to
the Lease Property IS long as Tmant is DOt in default oftbis IAasc Agrr:anent. Tenant shall CX1:alte
in a timely manner whatever insttwnents as may reasonably be required to evidence this
subordination clawc:. In the event the Lease Property is ClDcumbercd by a mortgage, the City , no
later than thirty (30) days after this lease is cxcrciKd, shall have obta41cd and fumisbed to Tenant
a l1oa-disturben" instrument in ~rdable form for ead1 such mortgage.
8<t1SOUd1 MabCIitJ Optloft 104 Lew ~
OclOber 17. 2000
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407 425 9596;
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Page 13/19
18. Waiver otStatutory Lien.
City disclaims and waives an)' now existing or hereafter arising laodlot'~s lien or other
statutOrY or non-statutory lien or security interest in Tenant's and/or its subtenants and/or licensees'
Communications Facilities, equipment, improvements, fixtw'cs and other property.
19. Condem..dGll; CaJu,dty.
If the whole of the Lease Property or such portion thereof as will make the Lease Property
unusable for the puI'pO$C$ herein leased, are condemned by any legally constituted authority for any
public use or purpose, then in either of said events this Lease Agreement shall tem1inate from the
time when possession thereof is taken by public authorities. and City shall return to Tenant any
prepaid rent attributable, on a pro rata bail, to time periods after said tamination. Any lesser
condemnation sbDll in no way affect the respective rights and obligations of City and Tenant
hemmder. Nothing in this provision shall be construed to limit or affect Tenant's right to an award
of compensation from the condemning 8\lthority of any eminent domain proceeding for the taking
OrTawll's leasehold intmest hereundor.
If Tenant's Communications Facility or improvements are severely damaged or destroyed
by rue or other casualty so that the ~ or replacement ~will cost in excess of twenty-five
percent (25%) of the fair nwket value of me Communications FaciU1y or any improvements, Tenant
shall not be required to repair or replace the Communications Facility or any of Tenant's
improvements made by Tenant. and Teaant may terminate this Aarecroent by giving written notice
to City. Upon such temrlnati011, the City shall return to Tenant any prepaid rent attributable. on IS
pro rata basis, to time periods after said tennination.
20. Title Policy; Title Defeeta.
Tenant. at Tenant's option and expense, may obtain title insurance on the space leased herein.
City shall cooperate with Tenant's eft'om to obtain such title insurance policy by execudng
documents or, at Tenant's expense. obtainiDg requested docwnentation as required by the title
insunDce company. If title is found to be defective. City shall use diUgent effort to cure the defects
in title. At Tenant's option. should 1110 City fail to provide requested documentation with thirty (30)
days of Tenant', re<luest. or fail to provide the Non-distwbanoe instIumcnt(s) 8! noted in Paragraph
17 of this Lease Agreement, Tenant may withhold and accrue the annual rental unti1auch time as
the ~ documeot(s) is (arc) rceeiYCd, or if title fs fouDd to be d~ve sod City has failed to
cure the defects wirhin a reasoaable period. TGJlIIlt may canc:eJ this Lease Agreement or cure the tltle
defect at City's reasonable expense utilizing the withheld payments. In the event that the Lease
Property is CI1Cumbered by a mortgage aud the mortgage requires the consent of the Mongagee to
leases and/or improvements on the Lease Property, City shaI1 provide Tenant with the prior written
consent of the MOIfPgce to this Lease Agreement, as required under the tenUS of the mortgage.
Should City fail to obtain tho written consent of the Mo~, as required, Tenant, at Tenant's
option, may withbold and acaue the annuaJ rc:a1al untlI such time as tho COtlSeI1t is I1:CCivcd or c:anoe1
this Lease AgJ:ecm.ent.
lkUSoutlI Moflolllq Op<<taa aDd Lcax ~
Octoh<< 17. 2000
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Ser)t By: BWS;
407 425 9596;
Oct.20-00 12:42PM;
Page 14/19
21. Tenaot and City Default.
IfTeoant default>> in fulfilling any of the covenants of this Lease Agreement and such default
shall continue for sixty (60) days after Tenant's receipt of written notice from City specifying the
nature of said default, Of, if the said default so specified shall be of such a natUre that the same
cannot be reasonably cured or remediod within such sixty (60) da)' period, if Tenant shalll10t i4 good
faith commence the curing or remedying of such default within such sixty (60) day period and shan
not thereafter diUeently proceed therewith to completion, then in anyone or more of such evenlB this
Lease Agreement shall terminate and come to an end as fully and completely as if such w= the day
herein definitely fixed for the end and expiration of this Lease Agreement and Tenant sbal11heo quit
!Dd surrender the Lease Property to City as provided herein. Notwi1hstanding in the event of default
by Tenant, the City shall have the right. at its option, to any other mnedy the City may ha.ve by
operation of law.
If City defaults in fulfilling any of the covenants of this Lease Agreement and such default
shaU continue for sixty (60) days after City's receipt of written notice from Tenant specifying the
nature of said default. or, if the said default so specified shall be of such a nature that the same
cannot be rcasol1llbly curc:d or remedied within such sixty (60) day period. if City sball not in IOod
faith COmInCnCC the curing or remedying of such dcfiwJt within ~c:h sixty (60) day period .nd shall
not thereafter diligently proceed therewith to completion. then Tenant may terminate this Lease
Agreement and/or pursue any other remedits Tenant may have allaw or in equity, includina the right
to specifically enforce the terms of this Leuc Agreement.
12. Attorney Fees.
In COMedion with any litigation arising out of this Lease Agreement, the prevailing party,
whether City or Tenant. sbal1 be entitled to recover aU reasonable COStS incurred including reasonable
attorney's ~ for SeMca rendered in connection with any enforcement of breach of contract.
including all trial, appellate, and post judgment proceedings.
13. Radon Ga..
In accordance with Florida Law, the following statement is hereby made:
RADON GAS: Radon is a natural oc:~ radioactive gas that,
when it bas accumulated In a building in sufficient quantities, may
present health risks to persons who ate exposed to it over time.
Levels of radon that ~ federal aDd state guidelines have been
found in buildings in Florida. Additional information tee8l'ding
radon and radon tcstins may be obtained from your county public
~th unit.
aell.So\Jdl Uobilll7' 0pWn m4 u_ ~
Octokr 11, 1000
12
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407 425 9596;
Oct-20-QQ 12:42PMj
Page 15119
24. lWanIou. Sabstanu.
8. TtDlilot fndemnifiCJltion. Tenant shall bold City bartnlcss from and
indemnify City against and from any dmnaae. loss, expenses of liability, including rnsonable
attorneys fees, resulting from the discovery by any person ofhazmdous substance generated, stored,
disposed ot: or tranSpOrted to or over the Lease Property by Tenant. its agen1S. contractotS.
employees, or invitees, as Jong as such substance was not: (a) stored. di~sed of, or ttansported to
or over the Lease Ptopetty by City .lu agents, amtractors. employees, or invitces, (b) pment on or
about the Lease Property prior to the date of this Lease Agreement. or (c) stored, disposed of, or
tranSpOrted to or over 1he Lease Property by a third party or entity which is not affiliated with or
controlled by Tenant.
b. Teuur RepreseatatlonsIWarraatles aad Indemnification. Tenant
represents and wammts that its use of the Lease Property will DOt aencmte any hazardous substance
and that it will not, in violation of any appliablc law or regulation, store or dispose on or near the
Lease Property nor traI1!pOrt to or near the Lease Property, any ~ous substance. In the event
Tenant breaches the af~oncd bu.ardous waste represcntatiOtt and warranty, Tc:oao.t shall bold
City hannlcss from and indemnify City against and from any dama8c, loss, expenses. or liabi1i1)',
ineludina reasonable attorneys fees, resulting from the discovery by any pcrsDn of hazardous
substance geMt8.ted. stotod. ~scd of. or transported to over the Lease Property by Tenant, its
agents, contractors. employees, or invitees.
C. lDdUlllifieatioD CODdkfolL The indemnification condition stated in
paragraph 'a shall apply to the indemnification in this paragraph 24. This in<kmnification shall
survive the ~~on of tis Agrttment until aU app~ble statute or limitations have expired.
d. City Repraentatlon and RespoaalbWty. City represents to TCD8Ilt that to
the best of City's knowledge and belle! there are no hazardous substances present on or within the
Lease Property. Should City learn of the presence of baurdous substances on or about the Lease
Property during tho cxistcm;o of this Lease ~cat, City agrees to provide written notice to
Tenant of such praence. City aarees to be responsible for my hazardow substance generated,
stored. disposed ot: or transported to or over Lease Property, provided such substance was stored.
disposed of. or traDSported to or over the Lease Property by City or its employees.
25. Coullterpaa1l.
This Lease Agreement may be executed in COWltcrpat1s, each of which shall be deemed an
original, and such counterparts shaU constitute but one and the same Lease Agreement.
26. Flmeu for Ult.
City ma1ces no warranties or represcnl&tions as to the fitness of the Lease Property for the
USCl'l intended by the Tenant, wbabocvcr. FwthcnnOl1l. City docs not warrant or guarantee that the
use or mnine of sunounding propccties will not be of such a nature that could ~ with Tenant's
8dlSoW1 Mobility Optlan MIl ~ ApCcnaII
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407 425 9596;
Oct-20-00 12:43PM;
Page 16/19
use of the Lease Property durlnS the terms of this Lease Agreement. However. City agrees to not
lease adjacent property to third parties for installation and use of wireless communications facilities. -
which interfere with Tenant's use of the LaLse Property.
27. No JoiDt Venture.
NotlU.n& herein shall be deemed CO create a joint venture or principal-agent relationship
between the parties, and neither party is authorized to, nor shall eithel' party act toward third persons
or the public in any manner which would indicate any such relationship with the other.
Z8. Tenant', Dne Care.
Tmant shall at all times cxerQse due care and shall insta1~ operate. maintain, and repair the
CommtmiC8tion Facilities on the Lease Propc:ny using commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damaae, injuries. or nuisances to the
public or damage to the Lease Property and the sunoundins real and personal property owned by
City. The Lease Property shall be kept and maintained in a safe, suitable, ~bstantial condition, and
in good order and repair.
29. AgrumRt Not Recordable.
This Lease Agreement shall not be recorded in any public records; however, at either party's
election, a mutually acceptable short form may be rcoordcd to place parties on notice of the existence
of this Lease Agreement.
30. Sovereip IDlJQualty.
Nothing contained herein shall be deemed a waiver, by either partY. of the City's riKht to
sovereign immunity or other limitations imposed by Section 768.28, Florida Statutes.
31. Waiver.
Failure oCthe one party ro insist upon perfoanaooc by the othec party of any provision of this
Lca!C Agreement within any time period shall not act as a waiver of the one party's right to later
claim a failure to perform on the pat( of the other party.
32. Rlgbt to Refue AdmlWon to Property alld to Eject.
City reserves the right to refuse ~S5ion to the Lease Property to any person not known
by City or properly identifie4; to eject any pmon from the Lease Property whose conduct may tmd
to be harmt'u.1 to the safety and intmests of the Lease Propeny, the surrounding real and pcm>nal
property owned by City, zwd any tenant, to clmlc any part of the Lease Propctty dwing any riot or
other incident where the public health, safety, or welfare may be impaired.
BdlSoul1l Mobility Opdon II\d Lcao ~l
OclDbcr 17, 2000
14
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407 425 9596;
Oct-20-00 12:43PM;
Page 17/19
33. Termination ofLene due to Interfennce.
If City detetnliMS, in its reasonable discretioD, that Tenant's Communications Facility
interferes IJJld Jeopardizes City's operation. maiJuenance, and repair of the City's utilities system
located thereon as they cwtently exist, City shall give Tenant one hundred eighty (180) days prior
written notification and Tenant shall hAve sixty (60) days in which to cure such interference before
City shall have the right to to.rminatc: this Lease Agreement without peuaJty, however, in such case,
Tenant shall have no further obligation or liability beyond that incurred as of the termination date,
and the City shall return to Tenant any prepaid rent attributable, on a pro rata basis. to time periods
after said termination. City also. at all times during this Lease Agreement, rescIVes the right to take
any action it deems necessary, in its sole and absolute ~tion, to operate, repair, maintain, alter
or improve its utilities systems and its attendant systems located on the Lease Property and
surrounding property; providod, the City agrees to act in good faith to avoid interfem1ce with
Tcaanfs use of the Lease Property, and the provisions oCtile foregoins senten~ ~ apply if
Tenant's Communications Facility interferes and jeopardizes said operation, repair, maintenan<:e,
alteration or improvements. In addition, if the City's use of its property causes significant
interference: with Tenant's ability to receive or transmit from the Lease Property-, T':!l:r:.~ ~~j'
terminate this Lease Agreement upon sixty (60) days written notice.
34. HeadiogJ; latupretatioa.
All ~din8S in this Lease Agreement are for convcoience only and shall not be used to
intetpm parapaph numbers or cons1ruc iu provisions. Any reference in this Lease Agreement to
a whole number paragraph (e.g. 26.0) shall mean to include not only the whole number paragraph,
but also any subparagraphs thereto (e.g. 26.1,262, etc.)
IN WITNESS WHEREOF, the pllrties bcrcto ha~ set their hands and affixed their
respective seals.
Signed, sealed and delivered
In the presence of:
CI
~t.:::,'"W?k.:::J
By:
PAUL PARTYKA
Ml)'or
:!:~i~~/O
BeIISoIldl Moblllry Option MIl LDuc ~
Octob<< 11. 2000
IS
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407 425 9596;
Oct-2Q.QQ 12:44PM;
Page 18/19
, ,
Tenant
BELLSOUTH MOBILITV, INC.
a Georgia CoIpOration
STA 1E OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME the wu;lersigned authority, personally appeared PAUL PARTYKA the Mayor
oftbe City ofWmter Sprinp, a Florida Municipal Corporation who produced ,
:::: :t.:-::,:~f.i-cmion end who m::lmowlcdgcd the furcgoing in3trumcnt for the putp05eS set forth therein.
Nowy Public. Slate of Florida
My Commission expires:
STATE OF FL
COUNTYOF P~unBEfJC.t+
BEFORE. ME, the undetSianed authority, appeared 1'(') AJ R..I ~lJfiL the
DrUcnJl( . ofBELLSOtrrH MOBILITY. INC.. a Geol'iia corporation. on behalf of
me w~-~~~Cin., '~D ~ed~9W~ ~ identification and who acknowledged the
foregoing instrument for me purposes set ruiJl ti~t;.'t.ill.
r!;) .
NOta1yRif..S1Ile~ ~
My Commission expire,: * ....Cllnt~rCClleMo
.. ~1e.~
841180UlJ1 Mobility Optlollll\d l.uM Mumm\
Oclotlcr 11. 2000
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Sen,:: By: BWS;
407 425 9596;
Oct-20-00 12:44PM;
Page 19/19
tH d ,;:ll.Ul.
Extllblt A
LAND OESCRIPllON
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ATTACHMENT C
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BAHAMA RD.
(DlRT RD.)
SHORE RD.
EXIST. SPRINr
TELEPHONE
RISER (TYP.)
TRACT -",-
P4.SSl'<( PAf(t( I co.rso:rVATlOH
(OCDICATtD TO OT'f OF ....Nt[R SPRINGS)
WINDING HOLLOW UNIT 4
(P\..AT BOOI( 5.2. p..a:s 11-21)
EXIST. 20' 'MDE
INGRESSjE<;RESS
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Lor 102
BLOCK "D"
~
APPROX. LOT i?,
UNE LOCATION ~ _ _
~ -------
--- -
-------
--------
WATER VALVES
EXIST. 60' 'MDE
ACCESS ju TIU TY
EASEMENT
EXIST. 10' 'MDE
FLORIDA POWER CORP,
EASEMENT t =
~./..,::-;
-=
, "
-
-
, " '
LOT 101
BLOCK "0"
EXIST. 5'
I'.1RE FENCE
-------
LEGEND
- -of(- - - OVERHEAD ELECTRIC
- - - -p- UNDERGROUND POWER
- - - -,- UNDERGROUND TELCO
------- LEASE PARCEL
---- PROPERTY LINE
---..-.- EASEMEN T
-x-x- CHAINLlNK FENCE
---0--0--0- WOOD FENCE
[::=J TYP. BLDG,
TYP. ROAD
0 TYP. UTILITY POLE
-i-t--t--i- RAILROAD TRACK
-
Lor 111
BLCO< "D"
SITE PLAN
~
SCALE: AS NOrED
mUE NORTH
SC/.t.( IN FEU
L-
a 15 150 300
I
450
LOT 101
BLOCK "D"
LATITUDE 28'41'19..35"
LONGITUDE 81"16'55.71"
AVERAGE SITE ELEVATION 51.0'
FU ruRE
20' x 10' (TYP.)
PROP. 150'
MONOPOLE
, "
LOT 101
BLOCK "D"
---
LO T 111
BLCO< "D"
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LOT 110
BLOCK '"D"
I "PARENrjm"r
IL BOOMOAR
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LOT 111
BLOCK "D"
LO r 11 0
BLOCK D"
A
24" x 36"
tt" x 17"
1" = 75'
l" = 150'
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I ~~ I~,i.m.(, INC.
\,1\,;/ CROWN~~~
W- COIolMUNICATlONS
CROwN COf.A<UNlCATIONS. 1'lC.
77 7l GU-OCS ROAD
BOCA RATON. F1. JS4~
(407) 491-7713
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fM'PA. Fl... JJ607-5755
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ORAWN BY: EM
CH(CKED BY: DLC
I SITE NAME
lAKE STREET
SEMINOLE, COUNTY
I SITE NUMBER
09275-007..()96-10
I SITE ADDRESS
SHORE ROAD
WINTER SPRINGS
FLORIDA
I DRAWING DATE:
09/11/00
I SCALE:
AS NOTED
I SHEET n TlE
SITE PLAN
I SH(U NUMBER
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CITY OF "TINTER SPRINGS
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1,'
LEASE AGREEMENT . ..
lIDS LEASE AG~NT is made this~day ofAiD'!nlb;Y, 2000, between the CITY
OF WINtER SPRINGS, rida Municipal Co~oration, whose address is 1126 East State Road
434, Winter Springs, FL 32708, (hereinafter 'designated "City")imd BELLSOUTH MOBILITY
(IN C., a Goergia 6 e'1'ol'llliOH authorized to do business in the State of Florida with. offices at 520 I
Congress Avenue, Boca Raton, FL 33487, (herei,l1after designated "Tenant").
LLC!/ 111: /falJy'ut!. /rsJtJus-'l~.n~E~' i~
. . RECITALS: ,
,
WHEREAS, Tenant desires to lease, from City the real property for purposes of
constructing, operating, and maintaining a telecommunicatio~s tower and ~mtenmie and related
appurtenances for purposes of providing wireless telecommuniCation services; and
. ." ,. , .. ,WHEREAS, by adopting the Telecommunications Act of 1996,the United States Congress'. .. .,'. ,
has indicated that the development of telecommunications infrastructure is a national priority; and
WHEREAS, the parties believe that this Lease Agreement is consistent with, and
implements, the national priority established by the United States Congress III the
Telecommunications Act of 1996; and
WHEREAS, the parties believe that the implementation of this national priority through this
Lease Agreement serves a public purpose.
WHEREAS, City desires to lease the real property to Tenant for the public and private
purposes stated therein.
NOW THEREFORE, in consideration of the foregoing premises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged" the City and
Tenant agree as follows:
LEASE AGREEMENT u--' _"
1. Real Property.
City hereby leases to Tenant that certain parcel of real property located in Seminole County,
State ofPlorida, together with the non-exchisive 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 arid
maintenance of utility wires, cables, conduits and pipes over, under or along a twenty foot (20') wide
non-exclusive right of ingress and egress extending from the nearest public right of way, namely
Shore Road , to the Lease Property, The Lease Property is more specifically described
herein in Exhibit" A" which is attached hereto arid made apart hereof. Said Lease Property and non-
, exclusive right of ingress and egress shall be hereinafter referred to as "Lease Property". City shall
BellSouth Mobility Option and Lease Agreement I
October 17,2000
-.. '. . ..._". ......,-.....--....'... ... ............... ,"h_," ........... ...... ".. . ",..... ,
.... ..'------.-.-..-- - ---.....-..---.--
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cooperate with Tenant in Tenant's effort to obtain utility services along said Lease Property by
signing such documents or easements as may be required by said utility companies and as may be
lawfully signed by City to further the.purpose of this Lease Agreement; provided, however, the
foregoing language shall not be interpreted as requiring City to grant or expedite the consideration
of any type of permit, ordinance, resolution, or approval. All utilities to the Lease Property shall be
separately metered in Tenant's name and paidtbr by Tenant. In the event any public utility is urtable
to use the aforementioned Lease Property, City hereby agrees to cooperate with the Tenant in
locating an alternative suitable. right of way or utili!y easement either to the Tenant or to the public
utility at no additional cost to the Tenant other than the rental amount stated in this Lease
Agreement, provided that to do so i~ consistent with all requirements of Federal, State, arid local law
and is determined not to be adverse to the public interest. In the event that no suitable right-of-way
is made available that is a'cceptable to Tenant or the public utility, Tenant may immediately
terminate this Agreement without any further liability hereunder, aIld City shall return to Tenant any
prepaid rent attributabie, on a pro rata basis, to time periods after said' termination. Further, Tenant
agrees that it shall carefully coordinate all applications for easements or other documents involving
any type of governmental approvals-with the.City, and that to.that end City shall not be asked to join
in or consent to any submittal to a.governmental entity without an adequate opportunity for City's
professional staff or consultants to review the same and advise City. City shall have the ability to
ask Tenant to include changes to its permit applications provided the changes: (a) do not add
significantly to Tenant's development costs, (b) do not result in a significant delay, (c) are not
contrary to Tenant's development plan and'(d) do not impair or alter the Tenant's intended use of the
Lease Property.
2. Survey, Relocation.
City also hereby grants to Tenant the right to survey said Lease Property, and the legal
description on said survey shall then become Exhibit "B", which shall be attached hereto and made
a part hereof, and shall control in the event of discrepancie~ between it an Exhibit "A". City grants
Tenant the right to take measurements, make calculations, and to note other structures, setbacks, uses
or other information as reasonably deemed by Tenant to be relevant and pertinent, as such
information relates to City's real property, leaSed or otherwise abutting or surrounding the Lease
Property. Cost for such survey work shall be solely borne by. the Tenant. If as a result of any tests
or investigations conducted by Tenant, or if r~quired in connection with obtaining any nece_ssary
zoning approvals or other certificates, permits, licenses, or approvals, Tenant desires to relocate all
or any portion of the Lease Property.to other portions of City's adjacent property, City agrees to act
in a reasonable and timely maimer with respect to the approval of such a relocated site.
3, ... Term; Rental Payments.
This Lease Agreement shall be for an initial term offive (5) years beginning on the date this
Lease Agreement is fully executed by both parties. Tenant shall have the option to extend this Lease
Agreement for three (3) additiqnal five (5) year terms, and such extensions shall automatically occur
unless Tenant gives City written notice of its intention not to extend this Lease Agreement at least
six (6) months prior to the end of the current term. The first six months (6) months rent shall be One
Bel/South Mobility Option and Lease Agreement 2
October 17,2000
--.-.,. .
,
, ~
~
Thousand Five Hundred and noll OOths Dollars ($1,500.00) which shall be due and payable to the
City in.full upon execution of this Lease Agreement. Notwithstanding any other termination rights
available to Tenant under this Lease Agreement, Tenant, at its sole and absolute discretion, shall
have the right to terminate this Agreement at any time dUring, the first six months (6) months with
five (5) days prior written notice to. City. Notice of the Tenant's exercIse of Its right to terminate
shall be.given to City in accordance with Paragraph 15. hereof, and shall.be effective upon receipt
of such notice by the City as evidenced by the return receipt or acknowledgment of receipt, as
applicable. The remaining six (6) months rent fo~ ~e first lease year shall be Fifteen Thousand and
nollOOths Dollars ($15,000.00) which shall be due and payable t.o the City in full prior to beginning
of the seventh month under this Lease Agreement. The rental amount for the second lease year
under this L.ease Agreement shall be Thirty-One Thousand Five Hundred and nollOOths Dollars
($31,500.00) whiCh shall be due and payable in full in advance of the ~econd annivers~ from the
effective date of this Lease Agreement. The rental amount for each su~sequent lease year. shall be
. equal to the rental amount of the preceding lease year plus five percent (5%) of that amount. (For
example, the rental amount for the third lease year shall be $31,500.00 x 1.05 = $33,075.00 and so
'H . on until the end of this Lease Agreement.) Rental payments shall be-due and, payable in advance on
each anniversary from the effective date of this Lease Agreement. Rental payments shall be made
payable to the City of Winter Springs or to such other person, firm or place as the City may, from
time to time, designate in writing at least thirty (30) days in advance of any rental payment. If Tenant
fails to pay the rental proceeds within ten (10) days of when due, Tenant shall pay a late fee to
Tenant in the amount of five percent (5%) of the delinquent payment.
4. 'Use of Leas.e Property.
Except as provided in this paragraph 4.0, all other uses of the Leased Property by Tenant are
prohibited.
a. Tenant's Use. Tenant shall use the Lease Property for the purpose of
constructing, maintaining and operating a wireless telecommunications tower (the "Tower") and uses
incidental thereto, consisting of an equipment pad/shelter or building or buildings as necessary now
or in the future to shelter telecommunications equipment, a generator and related office space, a free
standing monopole of a height of one hundred sixty-five feet (165') above ground level (AGL), and
all necessary. connecting appurtenances (hereinafter referred to as "Cbriununications FaciIity")._The
monopole shall provide for a total of five telecommunication carriers, including Tenant and City.
The second space from the top of on the monopole shall be for the City's exclusive use and any
rental amounts received from said second space shall be negotiated by and exclusively belong to the
City; provided City's use does not exceed the capacity. requirement of a typical cellular
communicatiQns provider and said use does not interfere with any other user of the Communications
Facility in place prior to City. In the event that the City's use interferes with any pre-existing user
of the Tower, including Tenant, City. shall rectify said interference within 48 hours after notice. If
such interference is not rectified within said 48 hour period, City shall turn off power to the
offending equipment (except for intermittent power for interference testing procedures). Tenant may
at its discretion modify its antenna structure or building(s) consistent with the Communications
Facility allowed under this subparagraph. A security fence consisting of chain link construction or
BellSouth Mobility Option and Lease Agreement 3
October 17,2000
,
<
similar but comparable construction shall be placed around the perimeter of the Lease Property (not
including the twenty foot (20') ingress and egress right of way). All ofT~nant's improvements shall
be at Tenant's sole expense, Upon prior written approval of City, Tenant may temporarily use
adjoining and adjacent land under City's control as is reasonaqly required during construction,
installation, maintenance, and operation of the COinrilUnications Facility. At all times, Tenant will
m'aintain the Lease Property in a good; safe and reasonable condition. It is understood and agreed
that Tenant's ability to use the Lease Prope.rty is contingent upon its obtaining after the execution
date of this Lease Agreement, of all the certificates, permitsand other approvals that may be required
by any federal, state or local authorities. City shaH' cooperate with Tenant in its effort to optain such
approvals. City agrees to sign such papers as are customarily and reasonably required to file
applications with the appropriate zoning authority and/or commission for the proper zoning of the
Lease Property as required for the Tenant's intended use set forth in this subparagraph. Tenant Will
perfom1 all other'acts and bear all expenses associated with the zoning procedure. CitY agrees not
to register any written or verbal position to the zoning procedures, providing Tenant's zoning request
is consistent with this Lease Agreement. Notwithstanding any other termination rights available to
_...,.. - T~l}~J;1! :tl11gerJ.h~s. Lease Agreement, Tenant, at its sole and absolute discretion, shall have the right..... . ..... .-.'
to terminate this Agreement with ninety (90) days prior written notice to City. Notice of the Tenant's
exercise of its right to terminate shall be given to City in accordance with Paragraph 15. hereof, and
shall be effective upon receipt of such notice by the City as evidenced by the return receipt or
acknowledgment of receipt, as applicable. All rentals paid to said termination date shall be retained
by the City. Upon such termination, this Lease Agreement shall become null and void and ali the
parties shall have no further obligations, including the payment of money, to each other.
b. CoUocationon Lease Property. It is the City's desire to grant the
leasehold interest provided for herein to the Tenant in order to prevent the proliferation of
Communication Facilities within the City of Winter Springs. Therefore, the parties hereto
speCifically agree that the Tenant shall allow at least four other telecommunication companies (or
three of such companies and the City), said telecommunication systems being similar in nature to
those of Tenant, including direct competitors of Tenant to co-locate antennae. facilities on the
monopole to be erected on the Lease Property during the term of the Lease and buildings on the
ground space. Refusal to make the monopole available to other co-users on a reasonable basis shall
constitute a material breach of this Lease Agreement and entitle City to terminate this Lease
Agreement ,without penalty. The co-location space which is the. second from the top sh~l.pe
exclusively reserved for City's use. Further; nothing contained in this paragraph shall obligate
Tenant to allow co-location of antennae facilities on the monopole which would unreasonably
interfere with the primary use of the monopole by the Tenant Other wireless telecommunications
providers which collocate their antennae lInd related appurt~nances on the Lease Property, shall be
required to first execute a consent agreement with the City under terms and conditions substantially
similar to the'terms.and conditions contained in this Lease Agreement, including, but not limited to,
co-locator directly paying City the collocation rent, co-locator separately leasing ground space for
its equipment, and further provided that the co-locator fully abide by such covenants and conditions
as are contained herein to protect City's property. City agrees that said consent agreements with co-
locators shall not contain terms which, on their face, extend beyond the term of this Lease
Agreement. All co-locators (with the exception of the occupant(s) of the City's space as provided
BellSouth Mobility Option and Lease Agreement 4
October 17,2000
.j;
,
~
in Paragraph 4. a.) shall pay City a monthly rental amount of One Thotlsand and nolI OOths Dollars
($1,000.00) per month which shall be made payable as required in the consent agreement. Said
monthly rental amount (plus any sales tax due) shall be the total amount payable for the City's
consent. To the extent feasible, all co-locators' ground eqUipment ,shall be located within the Lease
Property .
,.'
c. Tenant's Maintenance. Tenant shatl have the sole responsibility for the
maintenance, repair, and security of the Lease Pr<;>pertyand its Communication Facilities and other
property and equipment of Tenant located thereon, and shall keep the same in good repair and
condition during the term of this Lease Agreement. Tenant shall keep the Lease Property free of
debris and 'any dangerous, noxious, or offensive material which would create a hazard or interfere
with the Leased Property and City's surroundIng property. Unless otherwise a.greed by City,
maintenance and repairs to Tenant's ComrrlUnication Facilities which have the potential to create
noise or be disruptive shall be restricted between the hours of between 7:00 a.m. and ,7:00 p:m.,
Monday through Saturday, excluding holidays. Notwithstanding anything contained herein to the
contrary, emergency repairs to.the, Lease Property-(e.g., repairs-or maintenance necessitated by an
interruption of Tenanfs services as determined in Tenant's discretion) may be conducted at any time
as reasonably re'quired.
. . retain
d. Lighting Color of Mopopole/BuiJding. Tenant, shall the
galvanized steel finish of its monopole so that it that blends with the surrounding area. Tenant shall
paint its equipment building a color.that blends with the surrounding area and shall mairitain the
paint in an appropriate manner to make the l:milding as unobtrusive as possible~ Unless affinnatively
required by Federal or State law, the Tenant shall not affix any type of strobe light to the monopole
or place the same on the Lease Property.
e. Compliance with Laws. Tenant shall comply with all present and future
Federal, State and local laws, rule~ and regulations in connection with the installation, use, operation,
repair, arid maintenance of the Lease Property, monopole, and other Communication Facilities.
Failure to comply with such laws, rules, and regulations shall constitute a material breach and default
under this Lease Agreement. Tenant shallt:>e solely responsible for any penalties and fines arising
out of or in any way connected with the violation of, or non-compliance with, such laws, rules, and
regulations. Notwithstanding the foregoing, Tenant shall not be responsible for violations ofJaws,
rules and regulations with respect to any pre-existing condition of the Lease Property or matters
caused by City or third parties.
5. Tenant Indemnity arid lIold Harmless.
Tenant shall indemnify and hold harmless City and its officers, employees, attorneys, and
agents from and against every demand, claim, c~use of action, judgment and expense, including
reasonable attorney's fees through all trial, administrative, post judgment, and appellate proceedings,
and all loss and damage arising from any injury (including death) {)r damage to the person or
property of Tenant or to the person or property of Tenant's agents; servants, employees, guests,
invitees, or to any other person or personal property on the Lease Property, including, but not limited
BellSouth Mobility Option and Lease Agreement 5
October 17,2000
.
~
to, City's agents, servants, employees, guests, invitees, and personal arid real property; (i) where the
injury or damage is caused by any act or omission of Ten ant, its agents, servants, employees or any
other person entering upon the Lease Property under express or implied invitation of Tenant; and
(ii) where the injury or damage results from the violation. created .by .Tenant, its agents, servants, or
employees, of any law, ordinance or governmental order of any kind, or of the provisions of this
Lease Agreement; and (iii) where the injury 'Or damage is in any'way related to or connected with
the conduct of Tenant's use and occupancy of the Lease Property.
a. Indemnification Condition. This indemnification shall obligate the Tenant
to defend at its own expense or to provide. for such defense, atthe option of the City as the case may
be, of any and all claims, liability and all suits and actions of every name and description that may
be brought against the. City or its employees, .. officers, attorneys, and agents for which Tenant has
an indemriificatory obligation under Paragraph 5.0,. except, however, such claims or damages as may
be due or caused by the City, or its servants. or agents. Buch indemnification shall be satisfied within
the policy limitations by the exist~nce of the insurance coverage required by this Lease Agreement.
... For any claim in excess of the policy limitations specified in this Lease'Agreement;or for any claim
which is exc.1uded'from the policy required' in this Lease Agreement, the Tenant maybe subject to
any legal or equitable proceedings arising from this indemnity. The City shall be permitted to
'choose legal counsel of its sole choice, the fees for which shall be subject to and ineludedwith this
indemnification provided herein.
b. City's Responsibility. City shall be responsible for the acts and
omissions of itself and its officers, employees, and agents to the extent permitted by law.
c. Limitation of City's Liability. The obligations of City under this Lease
Agreement do not constitute personal obligations of the individual officers or employees of City, and
Tenant shall look solely to the Lease Property that is subject of this Lease Agreement and to no other
assets of the City for satisfaction of any liability in respect of this Lease and will not seek recourse
against the individual officers or emplqyees of City or any other personal assets for such satisfaction.
d. Survival. This paragraph shall survive the termination of this Lease
Agreement until all applicable statute of limitations have expired.
--,.....
6. General Liability Insurance.
Tenant shall continuously main!ain in force, at all times during the term of the Lease
Agreement, and at its sole cost and expense, a Commercial General Liability or Business Owner
Liability insurance policy with a single limit, per occ~ei1ce, for bodily injury and property damage
of not less than 'One Million and noll 00 Dollars ($1,000,000.00) and with the City of Winter Springs
named as an additional insured as its interests may appear from time to time and shall submit proof
of same prior to commencing construction of the monopole or any Communication Facilities on the
Lease Property and thereafter upon request of the City. Failure on the part of Tenant to maintain
the required liability insurance shall constitute a material breach of the terms of this Lease
Agreement. Certificates of insurance for any such insurance policy required to be obtained by
BellSouth Mobility Option and Lease Agreement 6
October 17, 2000
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0
Tenant in compliance with this paragraph shall be filed and maintained with the City annually during
the term of the Lease Agreement or filed more frequently at such time Tenant changes its insurance
policy. Tenant shall immediately advise the City of any claim or litigation that may result in liability
to City. From time to time, the City and Tenant, shall negotiate appropriate increases in the
minimwn limits of insurance required in this Lease Agreement in consideration of an increase in the
cost-of-living or changes in case law or jutj verdicts for damages in Florida that may increase
liability of Ten ant or tIle City, Failure ofthe parties to agree on an increase; the required limits for
all types of insurance coverage required hereund~r shall increase by 25% over the minimum limits
as required prior to the parties commencing negotiations for an insurance coverage iricrease.
Notwithstanding the foregoing, the parties agree that the required limit for each type of insurance
coverage required hereunder shall not increase by more than 25% during any five year period during
this Lease Agreement. All policies shall contain an endorsement which requires at leasithirty (30)
days prior written notice to the City of Winter Springs by the insurer of any intention not to renew
such policy or to' cancel, replace or materially alter the same.
"..- -. H_ .d_.,...... a." -.. .- Other Insurance. Tenant shall also contipuously maintain in force;at all . . - ~ . . . . - - -~
times during the term. of the Lease Agreement, and at its sole cost and expense,' an automobile
. .
liability insurance policy covering all owned, hired and non-owned vehi~les ih use by' Tenant, its
employees and agents, with personal protection insurance and property protection insurance to
comply with the provisions of state law, with minim.um limits and applicable requirements as set
forth in paragraph 6.0. In addition,' workers' compensation insurance shall be continuously
maintained which meets applicable state and federal law.
7. Taxes.
Tenant shall be responsible for making any necessary returns for and paying any and all
property taxes separately levied or assessed against its improvements on the Lease Property. Tenant
shall annually reimburse City as additional rent for any increase in real estate taxes levied against
the Lease Property which are directly attributable to the improvements constructed by Tenant and
are not separately levied or assessed against Tenant's improvements by the taxing authorities. If
Tenant fails to pay all taxes as provided above; City may pay the same, and upon written request,
subject to a thirty (30) day grace period, Tenant shall be in default and City shall have aU other
remedies available at law or ~nder this Agreement to collect and pay the taxes from TenanUind
Tenant shall immediately reimburse City for the amount thereof (including penalties and interest
thereto) plus interest at a rate of 21 % per annum. Notwithstanding the foregoing, City hereby agrees
that if the taxes which are levied against Tenant's improvements on the Lease Property are
incorrectly assessed, Tenant maintains the right to appeal. the tax assessment to the appropriate
governmental authority, said appeal shall be paid for by Tenant.
8. Removal of Ten ant's Property Upon Termination.
Upon termination of this Lease Agreement, Tenant shall, within ninety (90) days, remove
all of its Communications Facilities and restore the Lease Property to its original above grade
condition, ordinary wear and tear and damage by casualty excepted. At City's option, when this
BellSouth Mobility Option and Lease Agreement 7
October 17,2000
-q
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Lease Agreement is terminated and upon City's advance written notice to Tenant, Tenant will leave
the foundation and security fence to become property of City at no cost to City. If such time for
removal causes Tenant to remain on the Lease Property beyond such ninety (90) day removal period,
Tenant shall pay rent at the then existing monthly ~ate or on: the 'existing:annual pro..,rata basis if
based upon a longer payment term, Until such time'as the removal of the Communications Facilities.
are completed. Notwithstanding, if at the' time this Lease' Agreement terminates ariotper
telecommunication provider is co-locating on Tenant's Tower, pursuant to an existing consent
agreement with City, Tenant may elect to: (a) retail) ownership of the Tower and delay such removal
to the extent necessary to permit the co-location(s} to coritinueoperating under the terms and
conditions of their consent agreement with City, (b) transfer or sell the Tower to an existing co-
locator in accordance with Tenant's master agreerrient wi,th said co-Ioc;ator, provided the ~xisting co-
locator, agrees to be bound by the terms (>f this Lease Agreement, including but not limited to, the
payment of the rent due hereunder, or (c) transfer the Tower to the City for its currerit fair market
value. Upon t~rminati6n of this Lease Agreement and removal of Tenant's Communication
Facilities, Tenant shall be released of any liability occurring on the Lease. Property after such
termination and removal, except full removal'ofthe'Communicatioh Facilities shall not be required
to release such liability if the Communication Facilities are required to remain on the Lease Property
for co-Iocation(s) pursuant to this Lease Agreement and Tenant conveys its fun interest and title in
the remaining Communication Facilities to the City or a telecommunications providyrco-locating
on the Lease Property. The communications facilities, equipment, improvements, fixtUres and other
property of Ten ant and its subtenants and/or licensees on the Leased Property shall be and remain
the personal property of Tenant and/or its subtenants and/or licensees shall be entitled to take or
remove all or any portion of their respective Communications Facilities, equipment, improvements,
fixtures and other property- from the Leased Property without any hIndrance by, through or under
City or the holder of any mortgage, deed, of trust, ground lease or other encumbrance.
. Notwithstanding the foregoing provisions, the Communications Facilities shall remain the personal
property of the Tenant, but in the event Tenant abandons its Communication Facilities on the Leased
Property, and ifCity desires to regain the Le~sed Property, then at any time thereafter, City may
forthwith reenter and take possession of the Leased Property without process, or by any other lawful
means.
9. Future Sale or Lease of City's Property,
.-'.-.
Should the City, at any time during the term of this Lease Agreemerit, decide to sell all or
any part of its real property which includes the Lease Property to a purchaser'other than Tenant, such
sale shall be under and subject to this Lease Agreement and Tenant's rights hereunder. City agrees
not to sell, lease or use any other areas of the larger parcel upon ~hich the LeaseProperty is situated
for the placem~nt of other comI11Unication's facilities if such installation wouid calise interference
to Tenant's aoility to receive or transmit wireless communication services from Tenant's
Communication Facilities located on the Lease Property or the communications equipment of any
other users of the Tower, as determined'in Tenant's discretion.
BellSoulh Mobilily Option and Lease Agreement 8
October 17, 2000
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10. Peaceful Enjoyment.
City covenants that Tenant, on paying the rent and performing the covenants contained in
this Lease Agreement shall peaceably andquietly, have, hold.arid.enjoy the Lease Property.
.,..ii'.
11. Title to Property.
City covenants that City is seized of good and marketable title and interest to the Lease
Property and has full authority to enter into and execute this Lease Agreement, subject to any
encumbrances recorded in the public records of Seminole County, Florida.
12. Entire Agreement/Modifications.
It is agreed arid understood that this Lease Agreement contains all agreements; promises and
. ~'-' .. understandings between the City and Tenant and that no..verbal.or oral agreements, promises or
understandings shall be binding upon either the City or Tenant in any dispute, controversy or
proceeding at law, and any addition,vanation or modification to this Lease Agreement shall be void
and ineffective unless made in writing and signed by the parties.
13. Venue and Jurisdiction.
This Lease Agreement and the performance thereof shall be governed, il1t~rpreted, construed
and regulated by the laws of the State of Florida. The parties hereto agree that the state or federal
courts located in the State of Florida shall have exclusive jurisdiction over the parties and the subject
matter of any litigation between the parties herelU1der. For purposes of state court action, venue shall
lie within Seminole County, Florida and Orlando, Florida, for federal court action.
14. Limited Assignment.
This Lease Agreement may not be sold, assigned or transferred at" <lny time except to: (a)
Tenant's principal, affiliates or subsidiaries of its principal or to any company upon which Tenant
is merged on consolidated, (b) Crown Communications, Inc. or any principal, affi1 iate.s_ . or
subsidiaries of its principal or (c) an. entity. with a financial net worth in excess of Fifty Million
Dollars ($50,000,000.00). As to otherparties, this Lease Agreement may not be sold, assigned or
transferred without the written consent of the City such consent not to be unreasonably withheld.
City will consent to co-location on' the -Tower; provided anY such co-locator complies with the
provisions of subparagraph 4. b. of this Lease Agreement.
!
15. Notices;
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested, or by a national overnight receipted delivery serVices which
provides signed acknowledgments of receipt (including Federal Express, UPS, Emery, Purolator,
BellSouth Mobility Option and Lease Agreement 9
October 17,2000
.. .,..., ...".,.."...t'->....,.,.....'..........,.
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=
:
DHL, Airborne and other similar couriers delivery services), addr'e.ssed as follows (or any other
address that the party to be notified may have designated to the sender by like notice):
CitY: City ofWintet Springs. .
Ronald W. McLemore, City Manager
1126 East State Road 434 ~
Winter Springs, FL 32708
Phone:407-327~1800
Fax: 407'::327-6686
Tenant: BellSouth Mobility~ LL ~
5201 Congress Avenue. ~H-.
Boca Raton,FL 33487
Attn: NetworkReal Estate Manager
Phone: 561,.995-3000
.. .. ..~., . .. ~ ._~>-.. . Fax: 561-995-3594 ... ., . . ~. . . -..-
.. ~., _ ,4.'.
For Legal Notices
only, a copy to: BellSouth Cdlulal CU1J.T. "ltuJ/ur'y' u(!.
Suite 910
1100 Peachtree Street, N .E.
Atlanta, Georgia 30309-4599
Attention: Legal Department
16. Binding Agreement.
This Lease Agreement shall extend to and bind the heirs, personal representatives, successors
and assigns of he parties hereto.
17. Non-disturbance Instrumen t:
At City's option, this Lease Agreement shall be subordinate to any mortgage by City w.hJch
from time to time may encumber all of part of the Lease Property, provided, however, every such
mortgage shall recognize, in a form substantially the same as the Subordination and Non-disturbance
Agreement attached hereto as Exhibit B, the validity of this Lease Agreement in the event of a
foreclosure of City's interest and also Tenant's right to remain. in occupancy of and have access to
the Lease Property as long as Tenant is not in default of this Lease Agreeilient. Tenant shall execute
in a timely manner whatever instruments as may reasonably be required to evidence this
subordination clause. In the event the Lease Property is encumbered by a mortgage, the City, no
later than thirty (30) days after this lease is .exercised, shall have obtained and furnished to Tenant
a non-disturbance instrument in recordable form for each such mortgage.
BellSouth Mobility Option and Lease.Agreement JO
October 17, 2000
-.-- ",. .. ... -,.. .... "-,.,,....,'..,.,. . .... ....... ...... -, ...... ..-."' .,..... ... ... ".... . .... .
. '. .-... ....
;'
;'
18. Waiver of Statutory Lien.
City disclaims and waives any now existing or hereafter arising landlord9s lien or other
statutory or non-statutory lien or security interest in Tenant's and/or its subtenants and/or licensees'
Communications Facilities, equipment, improvenients, fixtures and other property.
....i;.,-.
19. Condemnation; Casualty.
If the whole of the Lease Property or such portion thereof as will make the Lease Property
unuSable for the purposes herein leased, are condemned by any legally constituted authority for any
public use.or purpose, then in either of said.events this Lease A.greement shall terminate from the
time when possession thereof is taken by public authorities, and City shall return to !enant any
prepaid rent attributable, on a pro rata basis, to time periods after said termination: Any lesser
cortdemnation~hall in rio way affect the respective rights and obligations of City and Tenant
hereunder. Nothing in this provision shall be cOQ.strued to limit or affect Tenant's right to an award
. of compensation from the condemn~ng authority of-any eminent domain proceeding for the taking
of Ten ant's leasehold interest hereunder.
If Tenant's Communications Facility or improvements are severely damaged or destroyed
by fire or other casualty so that the repair or replacement thereof will cost in excess of twenty-five
percent (25%) of the fair market value of the COmInunications Facility or any improvements, Tenant
sha~l not be required to repair or replace the Communications Facility or any of Tenant's
improvements made by Tenant, and Tenant may ~erminatethis Agreement by giving written notice
to City. Upon such termination, the City shall return to Tenant any prepaid rent attributable, on a
pro rata basis, to time periods after said termination.
20. Title Policy; Title Defects.
\
Tenant, at Tenant's option and expense, may obtain titie insurance on the space leased herein.
City shall cooperate with Tenant's efforts to obtain such title insurance policy by executing
documents or, at Tenant's expense, obtaining requested documentation as required by the title
insurance company. If title is found to be defective, CitY shall use diligent effort to cure the defects
in title. At Tenant's option, should the City fail to provide requested documentation with thirty_(3.0)
days of Ten ant's request, or fail to provide the Non-disturbance instrument(s) as noted in Paragraph
17 of this Lease Agreement, Tenant may. withhold and accrue the annual rental until such time as
the requested document(s) is (are) received, oriftitle is found to be defective and City has failed to
cure the defects within a reasonable period, Tenant may cancel this LeaSe Agreement or cure the title
defect at City's reasonable expense utilizing the withheld payments. In the event that the Lease
Property is encumbered by a mortgage andthemorigage requires the consent of the Mortgagee to
leases and/or improvements on the Lease Property, City shall provide Tenant with the prior written
consent of the Mortgagee to this Lease Agr~ement,as required under the terms of the mortgage.
Should City fail to obtain the written consent of the Mortgagee, as required, Tenant, at Tenant's
option, may withhold and accrue the annual rental.until such time as the consent is received or cancel
this Lease Agreement.
BellSouth Mobility Option and Lease Agreement II
October 17. 2000
. ......,""....".......Y'O............_._...___.._..._.. ..-_..-.,._._...... ,.. .-'....... ,,-.. .....
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~
21. Tenant and City Default.
If Tenant defaults in fulfilling any of the covenantS of this Lease Agreement and s~~h default
shall continue for sixty (60) days after Tenant's re'ceipt of written notice from City specifying the
nature of said default, or, if the said default1;o specified shall be of such a nature that the same
cannot be reasonably cured or remedied within such sixty (60) day period, if Tenant shall not in good
faith commence the curing or remedying of such ~~fault within such sixty (60) day period and shall
not thereafter diligently proceed therewith to completion, then in any one or more of such events t4is
Lease Agreement shall terminate and coine to an end as fully and completely as if such were the. day
herein definitely fixed for the end and expiration of this Lease Agreement and Tenant shall then quit
. and surrender the.Le~eProperty to City as provided herein., Notwithstanding in the event of default
by Tenant, the City shall have the right, at its option, to any other remedy the City .may have by
operation of law.
............ . If City defaults in fulfilling any of the covenants of this Lease-Agreement 'and 'such default
shall continue for sixty (60) days after City's receipt of written notice from Tenantspecifying the
nature of said default, or, if the said default so speCified shall be of suth a nature that the same
. .
cannot be reasonably cured or remedied within such sixty (60) day period,if City shall not in good
faith conimence the curing or remedying of such default within such sixty (60) day period and shall
not thereafter diligently proceed therewith to completion, then Tenant may terminate this Lease
Agreement and/or pursue any other repledies Tenant may have at law or in equity, including the right
to specifically enforce the teinisofthisLease Agreement.
22. Attorney Fees.
In connection with any litigation arising out of this Lease Agreement, the prevaiHng party,
whether City or Tenant, shall be entitled to recover all reasonable costs incurred including reasonable
attorney's fees for services rendered in connection with any enforcement of breach of contract,
including all trial, appellate, and post judgment proceedings.
23, Radon Gas.
...-...-..
In accordance with Florida Law, the following statement is hereby made:
RADON GAS: Radon is a natural occurring radioactive gas that~
when it has accumulated in a building in sufficient quantities, may
. c present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public
health unit.
BellSouth Mobility Option and Lease Agreement 12
October 17, 2000
24. Hazardous Substance.
a. Tenant Indemnification. Tenant shall hold City harmless from and
indemnify City against .and from any damage, loss, expens~s of liability, including reasonable
attorneys fees, resulting from th~ discovery by ani person of hazardous substance generated, stored,
disposed of, or transported to or overthe'"Lease Property by Tenant, its agents, contractors,
employees, or invitees, as long as such substance was not: (a) stored, disposed of, or transported to
or over the Lease Property by City, its agents, coptractors, employees, or invitees, (b) present on or
about the Lease Property prior t~ the date of thi~Lease Agreement, or (c) stored, disposed of, or
transported to or over the Lease'Property by a third party or entity which is not affiliated with or
controlled by Tenant.
b. Tenant Represcntations/Warranties and Indemnification. Tenant
represents and warrants that its use of the Lease Property will riot generate any hazardous substance
and that it will 'not, in violation of any applicable law or regulation, store or dispose on or near the
Lease.Property.-nor transport to or near the Lease Property, any hazardous substance, In the event..'. . -~-"
Tenantbreaches the aforementionedhazardbus waste representation and warranty, Ten~t shall hold
City harmless from and indemnify City against and from any damage, loss, expenses, or iiability,
including reasonable attorneys fees, resulting fr()m the discovery by any person of hazardous
substance generated, stored, disposed of, or tran~ported to over the Lease Property by Tenant,its
agents, contractors, employees, or invitees.
c. Indemnification Condition. The indemnification condition ~tated In
paragraph 5a shall apply to the indemnification in this paragraph 24. This indemnification shall
survive the termination of this Agreement until all applicable statute or limitations ba~e expired.
d. City Representation and Responsibility. City represents to Tenant that to
the best of City's knowledge and belief th~re are no ~azardous substances present on or within the
Lease Property. Should City learn of the presence of hazardous substances on or about the Lease
Property during the existence of this Lease Agreement, City agrees to provide written notice to
Tenant of such presence. City agrees to be responsible for any hazardous substance generated,
stored, disposed of, or transported to or over Lease Property, provided suchsu_bstance was stored,
disposed of, or transported to or over the Lease Property by City or its employees. ,-~ ~'.
25. Counterparts.
This Lease Agreement may be executed in counterparts; each of which shall be deemed an
original, ang such counterparts shall constitute but one and the same Lease Agreement.
26. Fitness for Use.
City makes no warranties or representations as to the fitness of the Lease Property for the
uses intended by the Tenant, whatsoever. Furthermore, City does not warrant or guarantee that the
use or zoning of surrounding properties will not be of such a nature that could interfere with Tenant's
BellSouth Mobility Option and Lease Agreement 13
October 17,2000
. .. '. -...... .." _, ..... .. ..... ". _ .._.... ._,......_..... hno>_." .......', ...-.-....-...... "" '. .
use of the Lease Property during the terms of this Lease Agreement. "Hov;ever, City agrees to not
lease adjacent property to third parties for installation and use of wireless communications facilities
which interfere with Tenant's use of the Lease Property.
27. No Joint Venture.
...,,'..
Nothing herein shall be deemed to create a joint venture or principal-agent relationship
between the parties, and neither party is authorize~ to, nor shall either party act toward third persons
. ' .
or the public in any manner which would indicate any such relationship with the other.
28. Tenant's Due Care.
Tenant shall at all times exercise due care and shall install, operate, maintain, 'and repair the
. .
Communication Facilities on the Lease Property using commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the
public or damage to the Lease Property-and'the'surrounding real and personal.property owned by
City. The Lease Property shall be kept and maintain.ed in a safe, suitable, substantial condition, and
in good order and repair. .
29. Agreement Not ~ecord~ble.
This Lease Agreement shall not be recorded in any public records; however, at either party's
election, a mutually acceptable short form may be recorded to place parties on notice of the existence
of this Lease Agreement.
30, Sovereign Immunity.
Nothing contained herein shall be deemed a waiver, by either party, of the City's right to
sovereign immunity or other limitations imposed by Section 768.28, Florida Statutes.
31. Waiver.
Failure of the orie party to insist upon performance by the other party of any provision of this
Lease Agreement within any time period shall not act as a waiver of the one party's right to later
claim a failure to perform on the part of the other party.
32. Right to Refuse AdmiSSion to Property an~ to. Eject.
,- "
City reserves the right to refuse admission to the Lease Property to any person not known
by City or properly identified; to eject any person from the Lease Property whose conduct may tend
to be harmful to the safety and interests of the Lease Property, the surrounding real and personal
property owned by City, and any tenant, to close any part of the Lease Property during any riot or_
other incident where the public health, safety, or welfare may be impaired.
BellSouth Mobility Option and Lease Agreement 14
October 17,2000
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33, Termination of Lease due to Interference;
If City determines, in its reasonable discretion, that Tenant's Communications Facility
interferes . and jeopardizes City's operation, maintenance; anqrepair of the City's utilities system
located thereon as they currently exist, City shall give Tenant one hundred eighty (180) days prior
written notification and Tenant shall have sixty (60).days in which to cure such interference before
City shall have the right to terminate this Lease Agreement without penalty, hQwever, in such case,
Tenant shall have no further obligation or liability beyond that incurred as 'oftheterminationdate,
and the City shall return to Tena.rlt. any prepaid re'Qt attributable, on a pro rata basis, to time periods
after said termination. City also, at all times during this Lease Agreement, reserves the right to. take
any action it deems 'necessary, in its sole and absolute discretion, to operate, repair, J:l1aintain, alter
or improve its. lltilities systems and its attendant systems. located on the Lease Property and
Surrounding property; provided, the City agrees to act in good faith to avoid interference with
Tenant's use of the Lease Property, and the provisions of the foregoing sentence shall apply. if
Tenant'sCom.munications Facility interferes and jeopardizes said operation, repair, maintenance,
. ... " ,_. - -.--.. alteration or improvements. IIi addition, if the City's use of its..property. causes significant
interference with Tenant's ability to receive or transmit from the Lease 'Property, Tenant may
terminate this Lease Agreement upon sixty (60) days written notice. .
34. Headings; Interpretation.
All headings in this Lease Agreement are for convenience only and shall not be used to
interpret paragraph numbers or construe its provisions~ Any reference in this Lease Agreement to
a whole number paragraph (e.g. 26.0) shall mean to include not only the whole number paragraph,
but ~lso any subparagraphs thereto (e.g. 26.1,26.2, etc.)
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals.
Signed, sealed and delivered
In the presence of:
(~~LG~~ .. ::TY ~~ .'-"-.
Name: .-A-1:J-::J2..L~ ~~ ~~ PAUL PARTYKA - (J
Mayor
"
BellSouth Mobility Option and Lease Agreement 15
October 17. 2000
---------- -- -.-.-----.___.., .... on. ._. ._ .. ....... .. ..._..________....._.._u.__.__._.... .....u...__._
o A/Tenant <."
\ BELLSOUTH MOBILITY, iN€=-it:::c!
fl Georgia CO'1'ortition4'; A~toy LL~ I /T5 soL.€' mLmt!JtEL
;U?~-~ 'iJ ~~~
Name: 7). a.'~V.D""~/.D Name:ei>. &... ....
Nam~b Title: nJ3S.. 1'187"/)"-" c>P",,",if;"7'/DAfS
~ . .
STATE OF FLORIDA
COtJ:NTY OF SEMINOLE
,. .,....... ~ . . . ...... .. . ...._...,. , .
BEFORE ME the undersignedauthority, personally appeared PAUL PARTYKA the Mayor .
of the City of Winter SpriIlg~, a Florida Munici pal Corporation who produGed ~(lQ)} :D (f'r1a V .~ k.AWUJ>1 h,r.
~eatien arid who aekpowledged the foregoing instrument for the purpose's set forth the in.
Ih' "'_hLG...... ~ak ~f-<-~
~Jj~ My Commission CC920806Notary Pu~hc.' State ?fFlonda .. ~ .
'''",,'./ Expires March 21,2004 My CommISSIOn expIres: (11\a ~ d\ 3..( , (J,L,{)LI
I I
STATE OF 6eo~c:?h4
COUNTY OF PoL rD,.j
LLe.
BEFORE ME., the undersign~d authority, r;ppeared &>/B"IVO~ , the
.1J:p..s !1.leIwDd ~f BELLSOUTH MOBILIT+'-INC., a Cc.OIgia corporation, on behalf of
the corporation, who produeetl 1.5 ~ornl ~ lo1G'\~}r'1 ~~ntification and who acknowledg~~ .!~e
foregoing instrument for the purposes set forth therein.
~f;,.~
NotaryPublie, State ~f6eb~I.a. .
My Commission expires: oz-/~/~o~
. o,WI~ "df- c.o<u1~ '
BellSouth Mobility Option and Lease Agreement 16
October 17, 2000
,-~
. Exhibit A
:
LANO DESCRIPTION
1" ;
(CtU. TOWER .srm
... .,
A P ~Rcn. OF' lANO e!lNQ A PORl1~ Q1' .I.QT. 100. ,SLO~ 0: or THE P\,A T "D,R.
""T~n.1.:S SURVEY OF Tl-It L.tVY C'lAAT ON~ LAl<t ~S$Jp;" AS. RlCMCm IN
P'..4T8001< 1, PACE :s; OF THi: ~ufJUC M:COft~.~'~INOL! COUNTY.
F\.ORIOA. iDNO ~ l.lORE. PA,RTIC'ULARL.Y CEsat~~D. AS"~OWS: .
COI.ft.4e;NClNCl AT n1P.: HOR'JriWT COftHER or..n-tt. PUT "NoRTH OfitUNCO'
RAN OilS' ~C. 1", AS M:CO"OED IN : fiLA T, !I001< 12.P A Of: J. OF' l1-IE puauo.
RECORDS CFsntlNCU COUNty, ~ ~oA;"h-IENtE scu~ on 1'3r' EAst ..
. ~ONG THE ~ST RICHT ~ WAY UN~ rO"SHORE ~OAl)AS SHO'llN ON~ SAlO
Pt..}. T. A OIST ANCE a: 20.~J FET': 'TH~c;t.OEP;lRnNC SAID RIOHT OF WAY;
NCATH ~T:37'~. EA$T, AOISTANC€ .9F1aeo.~2FE:ET. 1riEN~ SOU'TH
OO'22'0!5" ~.lST, A OISTANCEOf' 2~O~ Pur TO .TH!POU~T or BEe)lNNINO;'
THENCt cOt'fTlNUe: SOU'TH oe:22"co" EAST. ,,' OIST ~NCE CF 1 00.00 '~r:
lT1ENct SCUn1 a:r~7'~~".~sT,A C1srANa:.oF'.'()O.oo rrrr: THEN<:( ~JH
OO"'22~O~. 'M::S'T. ADlsrAN~ OF' 100..00rteT:n1ENC!: NOftiH 8J'37'55"
.f:ASi, A CISfANC!:(Y 100.00 ~~,.~::TH~. "~IN~ .~f'_ B~GlN.N:N(l,
SAlO UNCS SItUATE IN n-ie: CI'TY. OF' .W1N'"T'm ~ftINC3, ~lNot.! COUN'rr',
Ft.O~bA ANO CCfiTAlN 10;OOosOUAAE: f'E.ET~. J.4QRE: 0" L!5S, .
-
.-
"-
-
LAND~N
(ACCESS ANDUl'ILITY~
A PARCEL OF J..AND BEING A PORItoNOF LOr. 100, BLOCK D. OF. nm PLAT.""D.R.
Ml.OCHELL's SURVEY OF TEE I..EVYGRANT" ON:LAKE JESSlTP'". AS RECORDEr) IN PLAT
OOOK:4 PAaB 5. OF mE Pf.lBLIC RECORDS OF aEMINOLE' COONTY;FLORJDA, BEING MORE
PARTIctJLA1U.YDESOIaEoASFOLLOWS:.. . ' .
.. .
ro.MMENCE A'r'l'HB NOR"I'T:IP.AST CORNER: OF mEPLAT"NORT.Ji 0Rr.AN00 RANCHE$.SEC.:
1",. AS R8CORDBo IN PLAT BOoK 12, PAGE 3, Of'11m l'OBLIc RECOJU)S OP.~
COUNTY, FLORIDA,. AND RUN nmNCB .Al..ONG 'WE l!AST RIGm" QIJ WAY lJNE OF ~
ROAD. AS SHOWN UPON SAIOP.LA:t SburHorU'3T"E.AS':r.ADISTANCEOF20,..93.F$'rTQ
nm~ Of!' BEGlNNrNG oFmE~DESCRmEo PARCEL; TBENCEDEPAImNG SAm ,
RmHr OF WAY LINE, NORnI3'M7'S5" J!,AST. AnIsuNc:B OPl680.37 PEE:1'; ntENCB SO'O'1.'H
06cn>vs>> EAST~ A DISTANCE OF 45.11 FEET; THENCEsour.a 83"'J1'55"" WEST. A,D~ANCB ____.
Of 20.00 FEET; mENCE ~ ()6onW.WEST, ADIST.-\NCE QF.26,.$6 FEET; .1'HENo!SOU1'H
87'"37',5'- WEST. A DISTANr.:B oF 1660.0:3 PEET.TOA POINT OF INlBRSEcr.ION ,wrm: nIB
AFORESAID BAST iuGHT OF WAY LINE OF SHORE ROAD; 'l'BENCE. ALONG SAID EAST.
RfGiT Of" WAY LlNE, NORTH 07<'11'37 WEST, ADIST.ANCB o~ 20.07 FEET TOT.8B.Po:1Nr OF
BEGINNING. . . ' - .:,. _ .
.-
SAID UNDS SITUATE IN nm Orr OF WINTER SPRlNGS... SEMINOLE cauNrY_ FLORIDA,
AND. CONTAlNING 0.783 ACREs (34.120 SQUAAEFEBT) OF LAND. MORE OR LESS.
®BELLSOUTH Mobility
BellSouth Mobility 561 995-3000
5201 Congress Avenue
Boca Raton, Florida 33487
November 16, 2000
Brown, Ward, Salzman & Weiss, PA
111 North Orange Avenue, # 875
Orlando, FL 32802-2873
ATT: Mr. Anthony Garganese
Re: BellSouth Mobility, Inc and City of Winter Springs Agreement -Lake Street Site
Dear Mr. Garganese,
Enclosed please find four (4) original Lease Agreements, one (1) Statement of Ownership, (2) Short Form
Lease Agreements and one (1) W-9 Form. BellSouth Mobility, Inc has already executed the Agreements.
Please have the documents executed by The City of Winter Springs and return three of the Lease
Agreements along with one Short Form Lease, the Statement of Ownership and the W-9 Form.
If you have any questions in regard to the agreements, please call me at (561) 995-3252. 'Thanks for your
assistance with this.
Sincerely,
Nessiffer bhaisingh
Real Estate Administrator
Real Estate & Construction
Network -State of Florida
Enc. (8)
e
F«m W-9 I Request for Taxpayer
(Rev. November 1999) Identification Number and Certification
Department of the Treasury
Internal Revenue Servke
Name Qf a joint account orrryo.uaachan^ge~dy~ax name, see Specific Instructions on page 2.)
~ Business me, if different from above. (See Specific Instructions on page 2.)
0
c
a
d
0
d
a
Give form to the
requester Do NOT
send to the IRS.
Check appropriate box: ^ Individual/Sole proprietor ^ C«poration ^ Partnership ^ Other- _I.-TO.IL~.~'-=CY~P.l3-=~------._.....
Address (number, street, and apt. « suite no.) Requester's name and address (opt'ronaq
~t 1 a. Co ~ a S`E' S~ ~-Z ~ o ~ c` t-4- ~. `-~
City, state, and ZIP code .
t i~,~'e c- ~Q~ ,rq S
Taxpayer Id`entific~t~ion~Number
Enter your TIN in the appropriate box. For
individuals, this is your social security number
(SSN). However, if you are a resident alien OR a
sole proprietor, see the instructions on page 2.
For other entities, it is yyour employer
identification number (EIN). If you do not have a
number, see How to get a TIN on page 2.
Note: If the account is in more than one name,
see the chart on page 2 for guidelines on whose
number to enter.
3a~oA-a~9
Social security number
Employer identificaRb'on number
~~ ~ U 1~3~y
list account number(s) here (optional)
~j] For Payees Exempt From Backup
I Withholding (See the instructions
on page 2.)
Under penalties of perjury. I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject [o backup withholding because: (a) 1 am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 2.)
Sign p
Here Signature - `j-y~ ~~` ~ ~~ / ~ oate - 1 0 `1 ~ (
Purpose of form. A person who is
required to file an information return with
the IRS must get your correct taxpayer
identification number (TIN) to report, for
example, income paid to you, real estate
transactions, mortgage interest you paid,
acquisition or abandonment of secured
property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9, if you are a U.S. person
(including a resident alien), to give your
correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify the TIN you are giving is
correct (or you are walling for a number to
be issued),
2. Certify you are not subject to backup
withholding, or
3. Claim exemption from backup
withholding if you are an exempt payee.
If you are a foreign person, IRS prefers
you use a Form W-8 (certificate of foreign
status). After December 31, 2000, foreign
persons must use an appropriate Form
W -8.
Note: If a requester gives you a form other
than Form W-9 to request your TIN, you
must use the requester's form if it is
substantially similar to this Form W-9.
What is backup withholding? Persons
making certain payments to you must
withhold and pay to the IRS 31% of such
payments under certain conditions. This is
called "backup withholding." Payments
that may be subject to backup withholding
include interest, dividends, broker and
barter exchange transactions, rents,
royalties, nonemployee pay, and certain
payments from fishing boat operators. Real
estate transactions are not subject to
backup withholding.
If you give the requester your correct
TIN, make the proper certifications, and
report all your taxable interest and
dividends on your tax return, payments
you receive will not be subject to backup
withholding. Payments you receive will be
subject to backup withholding if:
1. You do not furnish your TIN to the
requester, or
2. You do not certify your TIN when
required (see the Part III instructions on
page 2 for details), or
3. The IRS tells the requester that you
furnished an incorrect TIN, or
4. The IRS tells you that you are subject
to backup withholding because you did no[
report all your interest and dividends on
your tax return (for reportable interest and
dividends only), or
5. You do not certify to the requester
that you are not subject to backup
withholding under 3 above (for reportable
interest and dividend accounts opened
after 1983 only).
Certain payees and payments are
exempt from backup withholding. See the
Part II instructions and the separate
Instructions for the Requester of Form
W-9.
Penalties
Failure to furnish TIN. If you fail to furnish
your correct TIN to a requester, you are
subject to a penalty of S50 for each such
failure unless your failure is due to
reasonable cause and not to willful neglect.
Civil penalty for false information with
respect to withholding. If you make a
false statement with no reasonable basis
that results in no backup withholding, you
are subject to a 5500 penalty.
Criminal penalty for falsifying
information. Willfully falsifying
certifications or affirmations may subject
you to criminal penalties including fines
and/or imprisonment.
Misuse of TINS. If the requester discloses
or uses TINS in violation of Federal law, the
requester may be subject to civil and
criminal penalties.
Cat. No. 10231X Form VII-9 (Rev. 11-99)
Form W-9 (Rev. 11.99) Page 2
Specific Instructions
Name. If you are an individual, you must
generally enter the name shown on your
social security card. However, if you have
changed your last name, for instance, due
to marriage, without informing the Social
Security Administration of the name
change, enter your first name, the last
name shown on your social security card,
and your new last name.
If the account is in join[ names, list first
and then circle the name of the person or
entity whose number you enter in Part I of
the form.
Sole proprietor. You must enter your
individual name as shown on your social
security card. You may enter your
business, trade, or "doing business as"
name on the business name line.
Other entities. Enter your business
name as shown on required Federal tax
documents. This name should match the
name shown on the charter or other legal
document creating the entity. You may
enter any business, trade, or "doing
business as" name on the business name
line.
Part I-Taxpayer Identification Number
(TIN)
You must enter your TIN in the appropriate
box. If you are a resident alien and you do
not have and are not eligible to get an
SSN, your TIN is your IRS individual
taxpayer identification number (ITIN). Enter
it in the social security number box. If you
do not have an ITIN, see How to get a
TIN below.
If you are a sole proprietor and you have
an EIN, you may enter either your SSN or
EIN. However, using your EIN may result in
unnecessary notices to the requester.
Note: See the chart on this page for further
clarification of name and TIN combinations.
How to get a TIN. If you do not have a
TIN, apply for one immediately. To apply
for an SSN, get Form SS-5, Application for
a Social Security Card, from your local
Social Security Administration office. Get
Form W-7, Application for IRS Individual
Taxpayer Identification Number, to apply
for an ITIN or Form SS-4, Application for
Employer Identification Number, to apply
for an EIN. You can get Forms W-7 and
SS-4 from the IRS by calling
1-800-TAX-FORM (1-800-829-3676) or
from the IRS's Internet Web Site at
www.irs.gov.
If you do not have a TIN, write "Applied
For" in the space for the TIN, sign and
date the form, and give it to the requester.
For interest and dividend payments, and
certain payments made with respect to
readily tradable instruments, generally you
will have 60 days to get a TIN and give it
to the requester. Other payments are
subject to backup withholding.
Note: Writing "Applied For" means that
you have already applied fora TIN OR that
you intend to apply for one soon.
Part II-For Payees Exempt From
Backup Withholding
Individuals (including sole proprietors) are
not exempt from backup withholding.
Corporations are exempt from backup
withholding for certain payments, such as
interest and dividends. For more
information on exempt payees, see the
separate Instructions for the Requester of
Form W-9.
If you are exempt from backup
withholding, you should still complete this
form to avoid possible erroneous backup
withholding. Enter your correct TIN in Part
I, write "Exempt" in Part II, and sign and
date the form.
If you are a nonresident alien or a foreign
entity not subject to backup withholding,
give the requester a completed Form W-8
(certification of foreign status).
Part III-Certification
For a joint account, only the person whose
TIN is shown in Part I should sign (when
required).
1. Interest, dividend, and barter
exchange accounts opened before 1984
and broker accounts considered active
during 1983. You must give your correct
TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and
barter exchange accounts opened after
1983 and broker accounts considered
inactive during 1983. You must sign the
certification or backup withholding will
apply. If you are subject to backup
withholding and you are merely providing
your correct TIN to the requester, you must
cross out item 2 in the certification before
signing the form.
3. Real estate transactions. You must
sign the certification. You may cross out
item 2 of the certification.
4. Other payments. You must give your
correct TIN, but you do not have to sign
the certification unless you have been
notified that you have previously given an
incorrect TIN. "Other payments" include
payments made in the course of the
requester's trade or business for rents,
royalties, goods (other than bills for
merchandise), medical and health care
services (including payments to
corporations), payments to a nonemployee
for services, payments to certain fishing
boat crew members and fishermen, and
gross proceeds paid to attorneys (including
payments to corporations).
5. Mortgage interest paid by you,
acquisition or abandonment of secured
property, cancellation of debt, qualified
state tuition program payments, IRA or
MSA contributions or distributions, and
pension distributions. You must give your
correct TIN, but you do not have to sign
the certification.
Privacy Act Notice
Section 6109 of the Internal Revenue Code
requires you to give your correct TIN to
persons who must file information returns
with the IRS to report interest, dividends,
and certain other income paid to you,
mortgage interest you paid, the acquisition
or abandonment of secured property,
cancellation of debt, or contributions you
made to an IRA or MSA. The IRS uses the
numbers for identification purposes and to
help verify the accuracy of your tax return.
The IRS may also provide this information
to the Department of Justice for civil and
criminal litigation, and to cities, states, and
the District of Columbia to carry out their
tax laws.
You must provide your TIN whether or
not you are required to file a tax return.
Payers must generally withhold 31 % of
taxable interest, dividend, and certain other
payments to a payee who does not give a
TIN to a payer. Certain penalties may also
apply.
What Name and Number To
Give the Requester
For this type of account: Give name and SSN o(:
1. Individual The individual
2. Two or more The actual owner or the
individuals Quint account or, if combined
account) funds. the first individual
on the account'
3. Custodian account of The minor'
a minor (Uniform Gift
to Minors Act)
4. a. The usual The grantor trustee'
revocable savings
cast (grantor is
also trustee)
b. So-called cast The actual owner '
account that is not
a legal or valid cast
under stale law
S. Sole proprietorship The owner '
For this type of account: Give name snd EIN of:
6. Sole proprietorship The owner'
7. A valid Dust, estate, or Legal entity'
pension oust
f1. Corporate The corporation
9. Association. Gub, The organization
religious, charitable,
educational, or other
tax-exempt
organization
10. Partnership The partnership
11. A broker or registered The broker or nominee
nominee
12. Account with the The public entity
f)epartment or
Agriculture in the name
h
f
a public entity (suc
o
as a state or local
government. school
district. or prison) that
receives agricultural
program payments
' List first and circle the name of the person whose
number you furnish. If only one person on a joint
account has an SSN, that person's number must be
/umished.
'Circle the minor's name and furnish the minor's SSN.
'You must show your individual name, but you may also
enter your business or 'ddng twsiness as" name. You
may use either your SSN or EIN (i/ you have one).
' list first and circle the name of the legal wsl estate.
or pension trust. (Do rat furnish the TIN of the personal
representative or vustee unless the legal entity itself is
not designated in the account title.)
Note: If no name is circled when more than one
name is listed, the number will be considered to
be that of the first name listed.
STATEMENT OF OWNERSHIP
and
DESIGNATION OF AUTHORIZED AGENT
Before me, the undersigned authority personally appeared being by me first duly sworn, on oath
deposes and says:
1. The City of Winter Springs is the fee simple title owner of the property described in the attached
legal description.
2. The City of Winter Springs is requesting the appropriate zoning and site plan approvals to allow
the.c~iistructign.~o~f a communications tower on said property.
3.
That the City`of Winter Springs has appointed BellSouth Mobility Inc and its agents in Seminole
is authorized agents on its behalf to accomplish the above.
1126 East State Road 434, Winter Springs, FL 32708
(STREET ADDRESS)
The City of Winter Springs
(PRINT NAME OF OWNER)
(TELEPHONE NUMBER)
The foregoing instrument was acknowledged before me on~~~~ 200, by ~ CCL
the ~'~,~~ of the City of Winter Springs, who is personally known to
me or has produced (type of identification).
1~.1s1~11C~1,Q1. Q-d~-~~
Notary Public, State of Florida
Name printed: ~ N~ct.~yl (.. ~ ~~Ul~s ! ~'
My Commission Ex fires: 3. /, ~ ~
Commission No.: ~ C ~D~C~Lt
[NOTARIAL SEAL]
,~~"w~, ~eboran L Gnlesp~e
** My commisslon cCO2oeoe
~~°« »"''~ E~Ires Man;h 21, 2004
Exhibit A
LAND DESCRlP1~ON
cam. row~R ~T>E~
A PARC>!l. OF LANO QE1N0 A PORTiCN O>' LAT. 100, BIOC:C D. Of THE P'U1T 'D.R
MlTCHE1.1'S SURVEY 0f TML LtVY GRANT ON LAKE ~S.7UP;' A~ RECORDED IN
P1~T ROOK t, PACE 5; Of' THE PlJ>~iJC RECORDS 0!r' S£AtINOLE COUNTY,.
FI.CR10A, QDNC 1AORE. PA,RTICUtJ~RL.Y DES~t!>r~[D AS FOl1p1NS:
CQMiNENpNO At THrr NORTHEAST CORNER OF T}iE Pl,1T 'NORTH ORLJ~N00
RANC>y[S SCC. t`, A9 R£COROED W PUIT ROOK 12 Pi10E 3. Of THE PUDUC.
R£COROS OF SE1d1NOl.E COUNTY, Fl.ORfoA; T~iENCE Sal1T!-I OT'11'JT' Eals'I`
M.ONG THE EI~ST RlCtiT Of WAY UNE FOR SHORE ROAQ AS SHOWN ON Sato
PLl~T. A D~STANC£ C~ 20.93 FEET; THENC£ DEPARTING SAID RfQHT Of WAY,
NORTH ~T37'S3` EAsT, /- Ot3TANCE OF t a0Q32 FEET; THENCE 80lkTH
Od~2'C~` EJ~ST, A OlSTANCE Of' ZS00 FL'LrT TO THE POINT Of BEAINMINl3;
THEycF CONTINUE SQUTH ae-22•oa~ E,~sT, r. o:.ST,~NCE oi< ~oo.oa ~F~r:
TH~NC£ SdJTH 87 3T~" WEST. A OISTANC>: OF 1'QQ.00 FEf'f; THENC£ MORT}~
o8~2'OS" WEST. A DISTANCE of 1G0.00 FEET; 711ENCE NORTH e3'37'S5'
EAST, A OIStArvCE OF ioo.oo F'E>rT TO:.TH!! rCINT OF BEaN~:Na.
5A10 UINOS SITUATE IN TttE pTY OF WINTER 5?RINGS. ~'aAINC!4.L CCUNTl',
FLOlgOA AND Cbt1TAIN 10,ppQ SQUARE FEET, )rlOftl; OR LE55. ~ -
LAND DESORON
(ASS !l,ND i}FiLTTY EA~~d~T}
.4 FARO CIF T.,AND BIELYG A PORIION OF LOT' 100, ffi.OK~ D. aP'~ '1SE Pi.dT 'DAR
]~I~,'S 50EtvE1' OF THE r.EVY GRAIN'Y' pltt I.AKL~ ". d$ RF,CQRb~ IN Pi.A2
BOOK 1, PAtx"8 5; OF TFlE PUffi1C REOf~DS OIF .k C~][~tY; I"Lf]~R7D/~ BEING Ii,~}RE
PARTICUI.hItt,'Y b~ES A3 FQa<.IAvV9_ '
COII~N(~: AT T~ NOR1'AF.A~~T O~Z1I~8f~ ~PI.AT'bR]btl~ QEtLA~ RANCC~E3.SEC:
1". AS YiECOBDED IIY Pi.AiT HOfyK 17, PACE 3, Of7 7'~ PU9i~G ItE00ItDS 097 SF.if~OE.E
CXaI7N'L'Y', FLt3RIDA, ANI? RUN AI.[g-fiCs 'IE$ Rh4T BICsEEI 0>P VItAY I.11~(E aF SI=6DYtE
ROAD, A q SHOWN ~'ON SAID P.i.~i'~ SOLTTI3 aT°I ]'3?' EA.~, A DfL4FA14~ ~ 2093 ~FEE•~ TO
TAB POIIIVT QE+ BEGII~xi OF T,1~ HERE DE6(3IOHID PAROZ~.; TY9ENK~ HEP SAID
RIFT OF WAY LII3B, Nf~III 57°37'55' EAS'Y', d D;tSTANC23 Cri716~s~03T ~E'l; TA~Cfi SC-i>Tg
06°22'05" EA$~ A DISTANCE OF 45.II FEET; 7~T(E E3'3?'33" 9RES'T~ ADI~'1"ANCE
OF 20.40 FE~"'1; ~Nf:E NOI<C1H06°ZZ:OS'•~VEST, A DISTANCE OF26.46 FQT;'IZ'~!(E`ESOtTTH
87°3T3S' WES'T', A~ DLSTAI'~ OQr 166Q43 FEET-T-D A 1'QIN,T CEt II+TI~~N •RII'PH Tim
APCRtESA,ID gA.4'F ~T QF W;e+IY LINE OIF ARE 1IASD; 7~E- l~7.aNCi 3!I<ID EAST
RtGKP (~ WA'Y ~, I 07° I1'3T' WEST. A DLS3'ANC'S.OF 2ta.49 FEET 1t7 TY~POIl~tI' ~'
~G.
SAII? LAl~il]i5 S~TC3ATF Il-I 'I~6 C1T1'' OvF WQa1TFR 3I?R~NGlS,. 9ks CC1iJN!'Y FF.,O>~tIDA,
ANYy-CONTAmiI>!7C~ Q783 M3tES (34,120 3QIIAItEFELI'y ~IAMJ, DARE O~IFS3.