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HomeMy WebLinkAbout2000 11 13 Regular A BellSouth Mobility, Inc, Lease Agreement ~::i-.' ~~ .; .-- 4i 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 ;~_--.,.I<...., ~ ~ = . 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: ,....... 1--...... ( ATTACHMENT A ) '~. . ,~~ .f; 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) rtf. l,~ " 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. 2 I"':!- ~~ .'i: 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 3 ~ -'-'-. ., p.S/:'3 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. 4 ~ ,.;..... .: (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. 5 ,~~' ........ .; (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 6 r"!f :-..... '"" 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: (i) , . .' ~.':~:' (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. 7 .rif' ~ ..: (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. 8 I~ ~ . .. 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. 9 ,-:!' ~ 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. 10 r -- " 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- 11 .l~ ---. l. 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. 12 f~ ."i, 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_ 13 t",~-' -...,I, 1. 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 14 .c":" -, 7 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. 15 J..~ ........, (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 1 8v~0'd Z ~08~ ~ .V.d SQTaM ~ UU~ZT8S.P~OM ~~~OJe ~~ ~)oa 31~lS3 ~~ ew:St I"lOOC-b ~-.LJO :t'/d9l:C OO/(ll/Ol :De"..O.....ll 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 2 8TX:O'd ~g 31~lS3 lV3~ 0t>':5Il: OOOC-6t-DO ~= MOttd ~-~.d QU~~M ~ UOW~l004p~OM .UMO~~ <. ~~dQL:C OO/e./OL 'P""-C"""l:J 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 8VP0' d toGa 31.1;1153 It;j~ 0P:S;! 000C-6!-lXl t1 .CUd : .'V.d W18[H>M " U~L&fZT"S"p_JdM "U,'llO\U...IO <- =WalL,,:f: 00/0,/0," ;....:.^'t.OG\j 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 8Y/Sel. d t:f.X)8 31t1153 ""b3tJ [\7 :5;1 000c-61- DO C ~Oed ~.~.d oV~.M V uwwrtaC"PJ_M ~UMO~U <~ :",dL<'{; 00/6L/O\ :D~"l~::>"ll 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~' (ktoll<< 17,2000 5 8 t /90 . d t:j:lOl! 311;1153 1l;1~ tv:St 000G-Gt-1Xl Q en~d ~+v'd e_TOM w u~WZT.e.OJQM .uMOJa <- ~..dQl:C OOIElllOl :P"^l:'J:";>\j Ser.,t By: BWS; 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 ($1,000,000.00) and wi1h the City orWintel' Springs named as llIl additional insured as ita lntemts may tlppeal' from time to time 8l1d shall submit proof of same prior to conunencina eonstrucrlon of the monopole or any CommunicatioD Facilities on the Lease Property and thereafter upon request of the City. Failure Oft the part of Tenant to mainrain the required liability i.nsunulce shall constitute a ma!erial breach of the terms of this Lcue Agreement. Certificates of insurance for any such insurance policy required to be obtained by 8.lISllUllt Motrt1l\y 0pdDtI tr4 ~ ~ ()aDbfr 17.1000 6 81/12'd ~J08 31~lS3 ~~ ~v:~T 000c-6t-1JO L ~OYd ~4V.d G~~9M ~ U9WZ~-a-PJUM .UMOJO <- lnc<A ~ Ie 00/0 ~ 10 ~ : n,,^1:''''''\:i Sellt By: BWS; 407 425 9596; Oct-20.00 12:39PM; Page 9/19 Tenant in compliance with thi$ ~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 7 et/OO'd ~J08 3l~153 l~~ c17:S r 000c-6 r -1J() g W61ld ~ .V.d ~9l'eM "V "PU""'(_$.O..JlttM .UMO....g <- :.......OL'C OO/"l/O~ :P"^T"D"~ 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&lt 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-- (}(tobcr 17, 2000 I 8t/&0 'd t;:jJOO 3W1S3 lt1:RJ (v:Si 000C-6!-lJO Q eOed ~ .,,'".... gu"[eH\ "V '..rloUZT9C.P......M .UMo....a <:~ :....d61:C 00/61/01 :O,,^T..oetj Sen,t By: BWS; 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 Octobw 17. 1000 9 8t/0t . d tfXl8 3J.tHS3 "l::G~ (v:St 000Z-6t-1JO 0\ ~Ou~ ~'V'd ~O~OM V u.~7TeQ'p~BM 'UMO~a <- !r<dBl:C OO/Bl/Ol :p"^1:e~e~ Sen,t By: BWS; 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 JO (\1' :St QOOG-6t-UO sutt'd tJJOO 31tHS3 ltJ~ II DOO~ ~~V.d Q9T~M ~ uewz~.a.PJ8M 'uMOJ9 <- :r<dOZ:C 00/61/0' :p<>^T"""H " Sent By: BWS; 407 425 9596; Oct-2Q.QO 12:41PM; 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 11 eV<:>t'd ~L Q6-d :4V.d QaT8M ~ uuwzTeA.p~"M tVMQ~a <- ~J08 31~lS3 ~~ vv:Sl 000C-6t-DO ~~dO~:~ aO/aL/Ot :pU^~d~d~ 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 m~t . d tiX)g 3ltl1S3 lU3~ ~~:SL 000~-6t-~JO Cl DO~d ~ .v~d gnT-M ~ u~W7TftSfpJ.M tUMO~O ~- :ndO~;C 00/6L/OL :OQ^T~n~~ SeM By: BWS; 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 OdOw 17. 1000 lJ 8t/v! . t.l \:D08 3ltH53 -,t1~ Sit' :S;t 000C-6t-1JO ~\ e6v~ :.V4d c~~eM. u~WT-T~3~PJOM ~UMOJG ~- ~""cflC::C OO/()~/Ol ;P"^l'.."..u Sent By: BWS; 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 8t/~;t'd l::DD8 3lljlS3 -1lj3~ sv: Sl OOOC-6 t-1JO ~\ ...O'ld ~ 'V.~ Y\II"l'DNo. "'" u9w~T.e.o...II,)M .UMO..JO <- :~d'~:C OU{6,{01 :~n^~.~o~ Ser..t By: BWS; 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 t:l L/'JL . d ~J08 31~lS3 1U3~ SI1:S1 oo0(:-61-DO Ql OOUd ~ .~'d ~~~ftM ~ uOWZTQ~'P~.M .UMO.'O ~. ~"'dZ:<::~ OO/6L/OL ;p.I\Te:>e\l Senot By: BWS; 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 16 BVl.t'd ~ 31~lS3 ~~ 9V:St 000z-6t-lJU LL .Odd ~-~.d aU~OM ~ uw~.teQ#PJ~M .UMO~a <. :~d~Z:~ 00/61/01 :pe^~e~~~ Sen,:: By: BWS; 407 425 9596; Oct-20-00 12:44PM; Page 19/19 tH d ,;:ll.Ul. Extllblt A LAND OESCRIPllON ""'01 (ctU. TOWER .~) A ,AAca. or lAHO I!JHO A ~1'lCH ~ LOT \00. 8\.0C1C D. Of nit; !'\.AT -g.R. MlT~'S tuRYIY 01 " &rI't ~,. ON UlCI J[UJPI. AS ftt~om IN ~T acoc ,. PAOi: $. QI "U: PUIUC "tcOltDS CI tcY1~0\.! COUNT'I'. n.~rOA. 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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 :"'~\- / ".' 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" I \ LOT 110 BLOCK '"D" I "PARENrjm"r IL BOOMOAR I LOT 111 BLOCK "D" LO r 11 0 BLOCK D" A 24" x 36" tt" x 17" 1" = 75' l" = 150' ([;,l ~ ~ ~d~ ~ ~~~-:l1. 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 ii ], Ii 'I I I @~ i I 1,1 1:1 ~ , HOft EN<KNEE"'NO. 1He. ~~11OHa CIlOOU" 2201 HORTH ~ST'SHORE BL\{)_ ~ IE 250 fM'PA. Fl... JJ607-5755 f't1. (61J) 2ll2-2JOO rAX (au) 282-2+49 CA, 4213 -r- i5 e w ~ ::> 8 '" '" ~ "- '" z ~ 0 ~ IS1 '" I ~ :5 1;; w ~ ~ '< "- ;Z 0 ~ S 6 - ~ z '- lH'iOfl,ot.tlf\NOriC:OP\"RlQlmDNC015nESOl.E PltOPOn'r rY ~ (X)IAI~. Cf fS ~ SOlD..Y fOA: USl: Bf fH( 0W't6 HfO rrs AfflUo..n:::s.R(J"RO()l..lCflONOIl:VS€:~on~ NtOfCA n-E: IPlIftJRNATIOl<l (::('MLooINO) IN If 0 f'OfUKX)Oo .,m,o,Jf n-tl!: 'IWftITl!:N POll.clSSlOM OF n,c 0WH0l. 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 A-O . \ CITY OF "TINTER SPRINGS i\1ASTER PLANNING ~L-\.P u.<E: J!SUP ~~;. ,.",' ^ I .' ..'. ~ =-J~ Jf6 ~. . II ltCl)C) .., -----..--.. --...... -.--.....- ..--".-., -..-........., - .......- -.-.- tl .. = ~ 1DCl') . ~ J'e'>> l:"n'.o:lO ~..... c:".. rur , I~ IE \f~ \ ,\ ,\ ). , .. -1 . 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_," ........... ...... ".. . ",..... , .... ..'------.-.-..-- - ---.....-..---.-- . ';: "r.-a: ~, 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 -----. 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 ~ 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 --, < < 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'->....,.,.....'..........,. ------.--- = : 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............_._...___.._..._.. ..-_..-.,._._...... ,.. .-'....... ,,-.. ..... --.------. -_._-~---~.. ..... . ~ 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 ..... 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.