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Home My WebLink About1997 12 08 Regular Item P COMMISSION AGENDA ADD ON ITEM P Dec. 8. 1997 Meeting egular X Consent formational MGR~_ Autho iz 'ion REQUEST: City Manager requesting the Commission to approve a lease agreement with A.P.T. for the erection of a telecommunications tower at City Hall. PURPOSE: The purpose of this item is to approve a lease agreement between the City and AP. T. for the erection of a 164 foot telecommunications tower to be located behind City Hall. cONSIDERA TIONS: This agenda item is needed to gain Commission approval of the terms and conditions of a lease that would allow AP.T. to erect a telecommunications tower behind City Hall. On September 8, 1997 the City commission approved Ordinance #678 providing for the erection of telecommunications towers in the City. The City Hall site is one of the four initial sites approved in the ordinance for erection of towers. The terms of the lease are quite favorable to the City providing the City with $12,000 annually in rents for location of the tower and A.D.T.'s location on the tower, plus 50% of the rent obtained by A.P.T. for all other locations on the tower. These rents could produce another $15,000 in annual rental income. Please note: Section 4.D(2) is being amended to provide that AP.T. will pay $200 monthly into an escrow account for future removal of the tower, and providing for a 50% sharing of revenues for all additional locations on the tower as stated above. FUNDING: No funding requests are needed for this item. REcOMMENDA TIONS: The City Manager is recommending that the City Commission approve a lease agreement with A.P. T. to erect a communication tower behind City Hall with any appropriate amendments the Commission deems necessary. IMPLEMENTATION: It is estimated that the antennae will be erected and operational by January 1, 1997. ATTACHMENTS: A.PT. Proposed Lease Site Plan COMMISSION ACTION: SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs SITE AGREEMENT FOR LAND This Site Agreement For Land ("Agreement") entered into as of the _ day of , 1997, by and between City of Winter Springs, a Florida incorporated municipality ("Owner"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and APT Tampa/Orlando, Inc., a Delaware corporation, whose address is 8410 W. Bryn Mawr, Suite 1100, Chicago, IL 60631-3486 ("APT"), provides for the granting and leasing of certain property interests on the following terms: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties hereto agree as follows: 1. PROPERTY. The property interests hereby leased and granted by Owner (individually and collectively, the "Project Site") shall include the following: [Xl Real property comprised of approximately ~ square feet of land ("Premises"); [XI Non-exclusive easements required to run, maintain and operate utility lines and cables on and to the Premises; and [X) Non-exclusive easement across Owners Property (hereinafter defined) for access, ingress and egress to the Premises IN OR UPON THE Owner's real property ("the Owner's Property"), located at 1126 East S. R. 434, Winter Springs, in the County of Seminole, and legally described on Exhibit "A" attached hereto, which Owner's Property is subject to APTs interest in the Project Site as set forth in this Agreement. The Project Site is depicted and legally described on said Exhibit "B", attached hereto. All improvements made to the Project Site pursuant to this Agreement shall be known hereafter as the "APT Facilities". 2. NO FRANCHISE GRANTED. This Agreement is not a franchise pursuant to city charter or ordinance or state statute, nor is it a permit to use the right-of-way under the control of the Owner, except to the extent of any easements granted hereunder. Any such franchise or permit must be obtained separate from Owner. 3. TERM. The term of this Agreement shall be Five (5) and a fraction years, with the first year commencing on the day of , 199_, and shall be subject to the necessary approvals by the City of Winter Springs and Seminole County, FL of all zoning, building permits and any other necessary approvals for the construction of the APT Facilities (the "Commencement Date") and terminating on the _ day of 2002 (the "Initial Term"), unless otherwise terminated as provided in Paragraph 9. APT shall have the right to extend the term of this Agreement for Four (4) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term on such same terms and conditions, unless APT notifies Owner in writing of its intention not to renew prior to commencement of the succeeding Renewal Term, or Owner notifies APT that it is in violation of this Agreement, state law, federal law or local ordinances, and APT fails to cure said violation in accordance with this Agreement. 4. RENT. A. For the Initial Term, APT shall pay to Owner annual rent in the amount of Twelve Thousand and 00/100 Dollars ($12,000.00) ("Rent") in quarterly payments of Three Thousand and 00/100 Dollars ($3,000.00) on the first day of January, April, July and October, together with any applicable sales tax. If the obligation to pay Rent commences or ends on a day other than the first day of the quarter, then Rent shall be prorated on the basis of a ninety (90) day quarter and shall be delivered within 20 business days from the Commencement Date. B. For any Renewal Term, APT shall pay Rent in the amount of Rent to be paid during the previous term (whether the Initial Term or a Renewal Term), increased by an amount equal to a percentage of the Rent to be paid during such previous term, which percentage increase shall be computed and established for the entire \\Apt-tafl-nt1\site\ORLANDO\A-2-E-015\015.b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs current Renewal Term at the beginning of each such Renewal Term by multiplying the number of years in the previous term (whether the Initial Term or Renewal Term) times three percent (3%). C. Rent shall be paid electronically via electronic wire transfer, direct deposit or other paperless means into a bank account to be designated by Owner. Owner may from time to time, designate another bank account for the deposit of Rent provided the request is made in writing and received by APT at least sixty (60) days in advance of any Rent payment date. D. (i) The APT Facilities shall be constructed with a one hundred sixty five (165') foot monopole (the "Tower") designed with spaces to collocate the antennas of three (3) commercial mobile radio services ("CMRS") operators. APT shall have the exclusive use of one space on the Tower at approximately one hundred sixty four feet (164') (the "APT Space"). The Owner shall have the use of the second space (from the top) on the Tower (the "Owner's Space"). In the event that the Owner decides not to occupy or use the Owner's Space itself or for a public purpose but instead to permit another user to be collocated in the Owner's Space, the rent from said user shall be shared as follows (a) If the user is provided by APT, the Owner and APT shall share equally the rent from such user; and (b) if the user is provided by the Owner, the Owner shall be entitled to all the rent from such user. APT and the Owner shall share equally in the rent produced from the third collocation space on the Tower. APT shall be entitled to all Attachment Fees, hereinafter defined, received from any third party collocator. Attachment fees are defined as capital reimbursement for costs incurred by APT in connection with the leasing of the Project Site and the construction of the Tower on the Project Site. The Owner is exempt from any Attachment Fees. (ii) APT shall cooperate with Owner and each collocator ("Other Provider") in connection with their locating and placing their antennas and other facilities on the Tower and in the ancillary support facilities. If the location and placement of the antennas and other facilities can not be agreed upon, APT shall perform such technical studies as may be necessary to determine the location. (iii) Each new Other Provider shall be solely responsible for the cost of locating and placing their equipment onto the tower and into ancillary support buildings. The Other Providers shall also be responsible for any liabilities that arise from the Other Provider's use of the Tower. APT shall be responsible for securing from such Other Providers sufficient insurance for activities and uses of the Project Site by such Other Providers and further shall indemnify Owner pursuant to Section 10 of this Agreement for activities of Other Providers. (iv) Within three days after receipt, APT shall notify Owner in writing of all sublease or assignment requests or proposals which APT receives for use of the Tower. 5. USE. The Project Site may be used for the purpose of installing, removing, replacing, maintaining and operating a communications facility generally in, under, on and above the Project Site as shown on Exhibit "B", subject to such modifications and alterations as required by APT (collectively, the "Communications Facility", which Communications Facility, without limitation, shall constitute a portion of the APT Facilities), provided that APT shall not be required to occupy the Project Site. APT agrees to comply with the provisions of City of Winter Springs ordinance 678, as codified and as subsequently amended. Owner shall provide APT with twenty-four (24) hour, seven (7) day a week, year-around access to the Project Site. APT shall pay all personal property taxes assessed against the APT Facilities. Owner shall timely pay all real property taxes and assessments, if any, against the Owner's Property. APT shall not allow any construction or materialmen's liens to be placed on the Project Site or Owner's Property as a result of its work on the Project Site. Owner shall be entitled to all Rents due under this Agreement on a net basis. Owner shall not be required to make expenditures of any kind in connection with this Agreement or to make any repair or improvement to the Project Site or the Premises. In addition, APT shall pay to the third parties entitled thereto, all taxes, assessments, insurance premiums, maintenance charges, costs and expenses against the Premises which may be contemplated under any provisions of this Agreement. APT, its agents and contractors, are hereby granted the right, at APT's sole cost and expense, to enter upon the Owner's Property and conduct such studies as APT deems necessary to determine the Project Site's suitability for APT's intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as APT deems \\Apt-tafl-nt1\site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 2 SITE ID: A-2-E-015-8 SITE NAME: City of Winter Springs necessary or desirable. Owner shall cooperate with APT and execute all documents required to permit APT's intended use of the Project Site in compliance with zoning, land use, building and any other applicable regulations, whether local, state or federal in nature. Owner hereby appoints APT as its agent and attorney-in-fact for the limited purpose of making such filings and taking such actions as are necessary to obtain any desired zoning, land use approvals, building permits and/or any other applicable permits and approvals. APT shall at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, safety, radio frequency emissions, and radiation) in connection with the use, operation, maintenance, construction and/or installation of the Premises. APT shall pay, as they come due and payable, all fees, charges, taxes and expenses required for licenses and/or permits required for or occasioned by APT's use of the Premises. 6. APT IMPROVEMENTS. A. (i) Prior to commencement of construction, APT shall submit plans and specifications for all improvements to Owner for Owner's written approval, such approval not to be unreasonably withheld. No improvement, construction, installation or alteration shall be commenced until plans for such work have been approved by the Owner and all necessary permits have been properly issued. (ii) Such plans shall include: Fully dimensioned site plans that are drawn to scale and show (a) the proposed location of the antennas, equipment shelter, access and utility easements, driveway and parking areas, (b) the proposed locations changes in the landscape, (c) the proposed type and height of fencing, (d) the proposed color of all structures, including fencing, (e) the proposed type of construction material for all structures, including fencing, and any other details that Owner may reasonably request. (iii) Prior to commencing construction, APT shall also provide Owner with the name of the contractor that will be constructing the improvements. The contractor is subject to the prior written approval of Owner, such approval not to be unreasonably withheld. All improvements shall be constructed in a workmanlike manner without the attachment of any liens to the Premises and shall be completed in compliance with all applicable laws, rules, ordinances and regulations. 8. (i) The Tower shall remain the property of APT and APT shall at Owner's request remove the Tower upon termination of the Agreement. Such removal shall be done in a workmanlike and careful manner and without interference or damages to any other equipment, structures or operations on the Owner's Property, including use of the Owner's Property by Owner or any of Owner's assignees or lessees. If however, APT requests permission not to remove all or a portion of the improvements, and Owner consents to such non-removal, title to the affected improvements shall thereupon transfer to Owner and the same thereafter shall be the sole and entire property of Owner, and APT shall be relieved of its duty to remove the same. Any personal equipment or other improvements which are not removed within thirty (30) days of termination of this Agreement shall become the property of Owner, at Owner's option. (ii) Upon removal of the improvements (or portions thereof) as provided above, APT shall restore the affected area of the Premises to the reasonable satisfaction of Owner. All costs and expenses for the removal and restoration to be performed by APT pursuant to this section 8 shall be borne by APT, and APT shall hold Owner harmless form any portion thereof. Notwithstanding the foregoing, APT shall not be required to remove any foundation more than five (5) feet below grade level. APT shall provide Owner with a Fifty Thousand and NO/100 Dollar ($50,000) performance bond during the initial Term and each Renewal Term of this Agreement to ensure Owner that APT will comply with the provisions of this Section 68(ii) regarding removal. 7. UTILITIES. Payment for electric seNice and for telephone or other communication seNices to the APT Facilities shall be APT's responsibility. Owner agrees to cooperate with APT in its efforts to connect the APT Facilities to existing utility seNice at APT's expense. 8. CONDITION OF PROPERTY. Owner represents that the Owner's Property and all improvements thereto, are in compliance with all building, life/safety, and other laws, ordinances, rules and regulations of any \\Apt-tafl-nt1\site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:56 PM 3 SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs governmental or quasi-government authority. APT shall be responsible for conducting due diligence regarding the condition of the Property. 9. TERMINA TION. This Agreement may be terminated by APT at any time, in its sole discretion, by giving written notice thereof to Owner not less than 30 days prior to the Commencement Date. Further, this Agreement may be terminated by APT immediately, at any time, upon giving written notice to Owner, if: (a) APT cannot obtain all governmental certificates, permits, licenses or other approvals (collectively, "Approval") required and/or any easements required from any third party within six (6) months of the Commencement Date; or (b) Owner fails to deliver any non-disturbance agreement or subordination agreement required by APT; or (c) Owner breaches a representation or warranty contained in this Agreement; or (d) Owner fails to have proper ownership of the Owner's Property and/or the Project Site and/or authority to enter into this Agreement; or (e) during the Initial Term, APT determines that the Owner's Property contains substances of the type described in Section11 of this Agreement; or (f) during any Renewal Term, APT determines that the Project Site is not appropriate for its operations for economic, environmental or technological reasons Such termination shall not constitute a waiver of APT's rights under Paragraph 14 of this Agreement, prior to said termination. 10. INDEMNITY AND INSURANCE. A. Disclaimer of Liability. Unless resulting from Owner, Owner's agents, employees, or contractors negligence or intentional misconduct, Owner shall ,not at any time be liable for injury or damage occurring to any person or property arising out of APT's construction, maintenance, repair, use, operation, condition or dismantling of the Premises. B. Indemnification. Unless resulting from the negligence or intentional misconduct of the "Indemnitees" (as hereinafter defined), APT shall at its sole cost and expense, indemnify and hold harmless Owner and all associated, affiliated, allied and subsidiary entities of Owner, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "'ndemnitees") from and against: (i) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any act or omission of APT, its personnel, employees, agents or contractors, resulting in bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible property which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use or condition of the Premises or the Tenant's failure to comply with any federal, state or local statute, ordinance or regulation. (ii) Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to APT, or its contractors, for the installation, construction, operation, maintenance or use of the Premises. (iii) Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any financing or securities offering by APT of its affiliates for violations of the common law or any laws, statutes, or regulations of the State of Florida or United States, including those of the Federal Securities and Exchange Commission, whether by APT or otherwise. (iv) To the extent permitted by law and subject to the statutory limits set forth in Section 768.28, Florida Statutes, Owner shall, at its sole cost and expense, indemnify and hold harmless APT, its officers, personnel, employees, agents, affiliates and contractors from and against any and all claims, liabilities, obligations, damages, penalties, liens, costs, charges, losses and expenses (including without limitation reasonable fees and \\Apt-lafl-nt1 \site\ORLANDO\A-2-E-015\015-b\sile agreement 12-3-97.final.doc 12/04/97 3:55 PM 4 SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs expenses of attorneys, expert witnesses and consultants) resulting out of Owner's ownership, use, maintenance or management of Owner's Property including the Premises, any act or omission of Indemnitees or breach of this Agreement by Indemnitees. This indemnity shall not apply to any negligent or intentional act of APT or its personnel, employees, agents, or contractors. C. Assumption of the Risk. APT undertakes and assumes for its officers, agents, affiliates, contractors and employees (collectively "APT" solely for purposes of this section), all risk of dangerous conditions, if any, on or about the Premises, and APT hereby agrees to indemnify and hold harmless the Indemnitees against and from any claim asserted or liability imposed upon the Indemnitees for bodily injury or property damage to any person (other than from Indemnitees negligence) arising out of APT's installation, operation, maintenance, condition or use of the Premises or APT's failure to comply with any federal, state or local statute, ordinance or regulation. D. Defense of Indemnitees. In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, APT shall, upon notice from any of the Indemnitees, at APT's sole cost and expense, resist and defend the Indemnitees; provided, however, that APT shall not admit liability in any such matter on behalf of the Indemnitees and Indemnitees shall not admit liability for, or enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of APT. E. Notice, Cooperation and Expenses. Owner shall give APT prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Owner from cooperating with APT and participating in the defense of any litigation by Owner's own counsel. APT shall pay all reasonable expenses incurred by Owner in response to any such actions, suits or proceedings. These reasonable expenses shall include out-of-pocket expenses such as reasonable attorneys fees and shall also include the reasonable value of any services rendered by the Owner's attorney, and the reasonable expenses of Owner's agent, employees or expert witnesses, and disbursements and liabilities assumed by Owner in connection with such suits, actions, or proceedings but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Owner by APT. F. Insurance. During the term of this Agreement, APT shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: (i) APT shall maintain commercial general liability insurance insuring APT against liability for bodily injury, death or damage to property arising out of the use of the Project Site by APT, with combined single limits of Three Million and NO/100 Dollars ($3,000,000). Any policy required to be obtained by APT pursuant to this paragraph shall contain a waiver of subrogation in favor of the party hereto, to the extent required under the indemnity sections of this paragraph. (ii) Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with limits of One Hundred Thousand and NOlDollars ($100,000) for each accident. (iii) Automobile liability insurance covering all owned, hired and nonowned vehicles in use by APT, its employees and agents, which complies with the provisions of state law with limits of One Million and NO/100 Dollars ($1,000,000) as the combined single limit for each occurrence for bodily injury and property damage. (iv) At the start of and during the period of any construction, builders all risk insurance, or an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the Tower. Upon completion of the Tower, APT shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the Premises. The amount of insurance at all times shall be representative of the insurable values installed or constructed. \\Apt-tafl-nt1 \site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 5 SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs (v) All policies other than those for Worker's Compensation shall be written on an occurrence and not on a claims made basis. (vi) The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. G. Named Insureds. All policies, except for property/builder's risk and worker's compensation policies, shall name Owner and their respective officers, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds to the extent required to indemnify under this Agreement (herein referred to as "Additional Insureds"). Each policy which is to be endorsed to add Additional Insureds hereunder, shall contain separation of insureds wording, as follows: "In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder." H. Evidence of Insurance. Certificates of insurance for each insurance policy required to be obtained by APT in compliance with this paragraph shall be filed and maintained with Owner annually during the term of the Lease. APT shall immediately advise Owner of any claim or litigation that may result in liability toOwner. I. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Agreement shall comply with the following: At least sixty (60) days prior written notice shall be given to Owner by the insured of any intention not to renew such policy or to cancel such policy. Such notice shall be given by registered mail to the parties named in this paragraph of the Agreement. J. Insurance Companies. All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business by the State of Florida or surplus line carriers on the State of Florida Insurance Commissioner's approved list of companies qualified to do business in the State of Florida. K. Deductibles. All insurance policies may be written with deductibles. APT agrees to indemnify and save harmless Owner, the Indemnitees and Additional Insureds from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by this Agreement. L. Contractors. APT shall require that each and every one of its contractors who perform work on the Premises to carry, in full force and effect, workers' compensation, commercial general liability and automobile liability insurance coverages of the type which APT is required to obtain under the terms of this paragraph with appropriate limits of insurance. M. Review of Limits. If Owner determines and APT agrees that higher limits of coverage are necessary to protect the interests of Owner or the Additional Insureds, APT shall be notified and shall obtain the additional limits of insurance, at its sole cost and expense. 11. HAZARDOUS SUBSTANCES. A. Owner represents that Owner has no knowledge of any substance, chemical, or waste on the Owner's Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law, ordinance, rule or regulation ("Hazardous Substances"). Hazardous Substances shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, \\Apt-tafl-nt1\site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 6 SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulations or rules, as may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. B. APT represents and warrants that its use of the Premises herein will not generate any Hazardous Substance, and it will not store or dispose on the Premises not transport to or over the Premises any Hazardous Substances other than those used in APT's normal business operations, if any. APT further agrees to hold Owner harmless from and indemnify Owner against any release caused by APT of any such Hazardous Substance and any damage. loss, or expense or liability resulting from APT's release, including all reasonable attorneys' fees, costs and penalties incurred as a result thereof, except any release caused by the negligence or intentional acts of Owner, its employees or agents or contractors. Owner shall hold APT harmless from and indemnify APT against any damage, loss, expense, response costs, or liability, including consultants' fees and any legal and court costs and attorneys' fees resulting from the presence of Hazardous Substances on, under or around the Owner's Property or resulting from Hazardous Substances on, under or around the Owner's Property or resulting from Hazardous Substances being generated, stored, disposed of, or transported to, on, under, or around the Owner's Property by Owner, as long as the Hazardous Substances were not generated, stored, disposed of, or transported by APT or its employees, agents or contractors. The terms of this paragraph shall survive the expiration or earlier termination of this Agreement. 12. DAMAGE OR DESTRUCTION. A. If the Tower or any portion of the Tower is destroyed or damaged so as to materially hinder effective use of the Tower through no fault or negligence of APT, APT may elect to terminate this Agreement upon thirty (30) days written notice to Owner. In such event, APT shall promptly remove the Tower from the Premises. This Agreement (and APT's obligation to pay Rent) shall terminate upon APT's fulfillment of the obligations set forth in the preceding sentence, at which termination APT shall be entitled to the reimbursement of any Rent prepaid by APT. Owner shall have no obligation to repair any damage to any portion of the Premises. B. In the event the Premises are taken by eminent domain, this Agreement shall terminate as of the date title to the Premises vests in the condemning authority. In the event a portion of the Premises is taken by eminent domain so as to materially hinder effective use of the Premises by APT, either party shall have the right to terminate this Agreement as of the date of transfer of title, by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, APT shall not be entitled to any of the portion of the award paid for the taking and the Owner shall receive full amount of such award. APT hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Premises, shall belong to Owner, APT shall have the right to claim and recover from the condemning authority, but not from Owner, such compensation as may be separately awarded or recoverable by APT on account of any and all damage to APT's business and any costs or expenses incurred by APT in moving or removing its equipment, personal property, and leasehold improvements. 13. QUIET ENJOYMENT. APT, upon payment of the Rent, shall peaceably and quietly have, hold and enjoy the Project Site. If, as of the date of execution of this Agreement or hereafter, there is any mortgage, or other encumbrance affecting Owner's Property, then Owner agrees to obtain from the holder of such encumbrance a Subordination, Non-Disturbance and Attornment Agreement pursuant to the terms of which APT shall not be disturbed in its possession, use and enjoyment of the Project Site. Except in cases of emergency, Owner shall not have access to the Project Site unless accompanied by APT personnel. 14. DEFAULT AND OWNER'S REMEDIES. It shall be a default if APT defaults in payment or provision of Rent or any other sums to Owner when due, and does not cure such default within ten (10) days; or if APT defaults in the performance of any other covenant or condition of this Agreement and does not cure such other default within thirty (30) days after written \\Apt-tafl-nt1 \site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 7 SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs notice from Owner specifying the default complained of; or if APT abandons or vacates the Premises, or if APT is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or if APT becomes insolvent. In the event of a default, Owner shall have the right, at its option, in addition to and not exclusive of any other remedy Owner may have by operation of law, without any further demand or notice, to re-enter the Premises and eject all persons therefrom, and declare this Agreement at an end, in which event APT shall immediately remove the Tower and pay Owner an sum of money equal to the amount of the unpaid rent accrued through the date of termination and any other amounts necessary to reasonably compensate Owner for all detriment proximately caused by APT's failure to perform its obligations under the Agreement. In the event of any default of this Agreement by APT, Owner may at any time, after notice, cure the default for the account of and at the expense of APT. If Owner is compelled to payor elects to pay any sum of money or do any act which will require payment of any sum of money or is compelled to incur any expense, including reasonable attorneys fees in instituting, prosecuting or defending any action to enforce the Owner's rights under this Agreement, the sums so paid by Owner with all interest, costs and damages shall be deemed to be Additional Rent and shall be due from APT to Owner on the first day of that month following Owner incurring the expense described herein. 15. MISCELLANEOUS. A. Owner represents and warrants that Owner has full authority to enter into and sign this Agreement and has good and marketable title to the Owner's Property. B. APT represents and warrants that it is duly authorized to do business in Florida and that the undersigned signatory for APT is fully authorized by APT to enter into this Agreement on behalf of APT. C. This Agreement supersedes all prior discussions, negotiations and agreements between the parties hereto and contains all agreements and understandings between the Owner and APT regarding the subject matter of this Agreement. This Agreement may only be amended by a writing signed by both parties. Exhibits "A" through "C" are hereby incorporated into this Agreement by reference. D. This Agreement may be signed in counterparts by the parties hereto. E. The terms and conditions of this Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of Owner and APT. F. The prevailing party in any action or proceeding to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. G. Simultaneously herewith or on or before the Commencement Date, Owner shall execute and acknowledge and deliver to APT for recording a memorandum of this Agreement ("Memorandum") in the form of Exhibit "C". Owner hereby grants APT permission to insert the effective date of this Agreement into the Memorandum after execution of the Memorandum. H. APT shall not assign this Agreement in whole or in part, or sublet all or any part of the Premises without the Owner's prior written consent, which consent shall not be unreasonably withheld. Consent by Owner to any assignment or subletting shall not constitute a waiver of the necessity of such consent to any subsequent assignment or subletting. This prohibition against any assignment or subletting shall be construed to include a prohibition against any subletting or assignment by operation of law. No such assignment or subletting shall release APT from any of the obligations arising under this Agreement. If APT is a corporation or partnership, and if the control thereof changes at any time during the term of the this Agreement, then Owner at its option may, by giving ten (10) days prior written notice to APT declare such \\Apt-tafl-nt1\site\ORLANDO\A.2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 8 SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs change a breach of this paragraph unless Owner has previously approved the new controlling party. As used in this definition the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of APT, whether through ownership of voting securities, by contract or otherwise. Any person or entity to which this Agreement is assigned pursuant to the provisions of the Bankruptcy Code, 11 USC section 101, et seq., shall be deemed without further act to have assumed all of the obligations of APT arising under this Agreement on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Owner an instrument confirming such assumption. Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to Owner, shall be the exclusive property of Owner, and shall not constitute property of APT or the estate of APT within the meaning of the Bankruptcy Code. Any monies or other considerations constituting Owner's property under the preceding sentence not paid or delivered to Owner shall be held in trust for the benefit of Owner and be promptly paid to Owner. I. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Owner: City of Winter Springs City Manager 1126 East S.R. 434 Winter Springs, FL 32708 With a Copy to: City of Winter Springs City Clerk 1126 East S.R. 434 Winter Springs, FL 32708 If to APT: APT Tampa/Orlando, Inc. Real Estate Department PO Box 31793 Chicago, IL 60631-0793 With a Copy to: APT Tampa/Orlando, Inc. Real Estate Department 6902 Cypress Park Drive Tampa, FL 33634 J. This Agreement shall be construed in accordance with the laws of the State of Florida, with venue in Seminole County. K. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. L. Owner and APT each represent that they have not been represented by a real estate broker or other agent in this transaction. Each party shall indemnify and hold the other party harmless from any claims for commission, fee or other payment by such broker or any other agent claiming to have represented a party herein. M. The parties hereto warrant and represent, each to the other, that the matters of fact contained herein are true and accurate. N. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. \\Apt-tafl-nt1\sile\ORLANDO\A-2-E-015\015-b\sile agreement 12-3-97.final.doc 12/04/97 3:55 PM 9 SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs O. SIGNS/GRAFFITI. APT may not place signs on the Tower. APT shall first obtain the Owner's written consent to design, size and location as to any signs anywhere on the Premises. Owner at any time may enter the Premises and undertake any activities necessary to abate or remove graffiti located therein. APT shall reimburse Owner all costs incurred by Owner in connection with such abatement or removal within thirty (30) days of Owner's presenting APT with a statement of such costs. P. MAINTENANCE. APT shall, at its own expense, maintain the Premises and all improvements, equipment and other personal property on the Premises in good working order, condition and repair. APT shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature which would create a hazard or undue vibration, heat or noise. a. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may 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. IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement on this ,1997. day of _ OWNER Witnesses: CITY OF WINTER SPRINGS, A FLORIDA INCORPORA TED MUNICIPALITY 1. Print Name: By: Print Name: Print Title: Date: 2. Print Name: Address of Owner: Attest: Print Name: Print Title: Telephone No.: Facsimile No: FederallD No.: [Corporate Seal] Date: \\Apt.tafl-nt1 \site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 10 SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs APT Witnesses: APT TAMPA/ORLANDO, INC. 1. Print Name: By: Tony R. McDowell Its: Director Engineering and Operations and Authorized Agent [Corporate Seal] 2. Print Name: Address of APT: Real Estate Department American Portable Telecom, Inc. PO Box 31793 Chicago,lL 60631-0793 Date: With copy to: APT Tampa/Orlando, Inc. Real Estate Manager 5907 - B Hampton Oaks Parkway Tampa. FL 33610 \\Apl-lafl-nI1 \sile\ORLANDO\A-2-E-015\015-b\sile agreemenI12-3-97.final.doc 12/04/97 3:55 PM II SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs EXHIBIT "A" TO SITE AGREEMENT LEGAL DESCRIPTION OF THE OWNER'S PROPERTY: PARENT TRACT LEGAL DESCRIPTlON LOTS 1 Tl-iROUGH 25 AND INCLUDING HOOVER STREET, LUTIRELl LANE. AND Tl-iE SOUTl-i ONE-HALf (S1/2) Of 2ND STREET Of lUTIRELL PARK ACCORDING TO Tl-iE PLAT Tl-iEREOF AS RECORDED IN PLAT BOOK 1" PAGE 44 Of Tl-iE PUBUC RECORDS Of SEMINOLE COUNTY, flORIDA, BEING A PORTlON Of LOT 27, BLOCK B Of D.R. MITCHELL'S SURVEY Of ~E LEVY GRANT AS RECORDED IN PLAT BOOK " PAGE 5 OF THE PUBUC RECORDS OF SEMINOlE COUNTY, flORIDA, L YlNG NORTHEASltRL Y OF ST A It ROAD 419 (SANFORD-OVIEDO ROAD), It is agreed by Owner and APT that the proper and precise legal description for the Owner's Property will be corrected, if necessary, and Ihat the correct legal description may be placed on Ihis Exhibit "A" and/or that this Exhibit "A" may be replaced 10 reflect suel, plOper alld precise legal description by APT unilaterally. \\Apt-tan-nt1\site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 12 SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs EXHIBIT "B" TO SITE AGREEMENT Page 1 of 2 SKETCH AND DESCRIPTION OF THE PROJECT SITE: Notes: The instrument to which this exhibit is altaclled and into w1lich illstrument this exhibit. is (ul1y incorporated: may, at APT's SOIB. op~ion, be modified aneVor amended unilateral1y by APT to establish, clarify or change the locatIon o( t~e no~excluslve easement (or ~tlllty IIIles and cables by recording an instrument signed by APT in the public records of the County In whIch the Owner's Property IS located, which instrument shall set forth the details of such modification and/or amendment. ., Notwithstanding anything in the instrument which this exhibit is attachad to the contrary, APT, at Its sole optIon, may umlate.rally replace and substitute for this exhibit a sutvey of the Project Site, showing non-exc~usive eas~ment~ for Ingress,. egress ~nd utility lines and cables to setvice the Project Site and/or may unilaterally replace and substitute for thIS exhIbit constructIon draWings of the APT Facilities of the Project Site. . , d b th Setback of the APT Facilities from the boundaries of Owner's Property and of the Project Site shall be the dlstance"reqUlre y e applicable governmental authorities. , LMdth of any access road or easement granted to or used by APT, shall be the width re~uired by ~he ap,?licable governmental authorities, including police and fire departments but in no event less than fifteen feet(15 J ex~e~t If prohibIted by governmental authorities having jurisdiction over the Owner's Property, the Project Site and/or the APT FaCIlities. l[AS[ pARal UCAl OUCllIP 1lOH AU neAT ",ACT 01'1 P""co. or LAIIO l W1C IN 5I:cnCl'l 18, tOM/SHIP JO sounl, ''''He;( .30 [AU, 5I:WINOU COUIIN. nOAIO, BONC Ii p~nCl'l 01 lutmru PARtl ACCOIlOlNCro ne( PLAT ne(Mor AS MC~[)(O IN PLA T eOOll II, PAC( ..., arnOAl MCOAOS or S[WINOU COUIITY, nOAIDA. N<<J IONC WOM; pAAncu.Ntl Y OUCAI8m AS rwows: COWWr:NONC AT lH[ NCRnHI{ST CXlRN(1l or lAID Wtm(l ...utIC: THOIa: soune III~'IO' ~IT A OISTANCI: or 151.00 ruT TO A PONT; 1liOIa: soune 7'1l1'SO' (AST A 0I1TANa: or U,DO rUT ro ni[ "OINT or I[ONNINQ: ntOla: N~ne 11"58'10. rUT A OISTANa: or SO.oo rUT 10 A "aN,; nI[Na: SOUni 711)1'SO' [AS' A OIS'ANa: or !la.OO ru, TO A ..OIN': THOIC( SOUnl 11"58'10. ~T A OISTANa: OF !la.DO ruT to A PDlNT; THENa: lI~nI 111ll'!\O' IlI[ST A DlUAHe( or 5O.DO no ro Tll( pDlNT OF "ClNNlNC. C~'A/HINC 1.500 SOUAM nn ~ 0.De1 ACMS WOIl[ 01'1 USS. II' urulY [ASOI(NT 'A. UG.Al D(sCRIPn~ AU THAT "'ACT CR PAAal or lAHO l'tlNC IN 5{CTlOH JI, ~s.. lO SOUTH. IlANQ[ JO (AST, SOIINOl.l OOUNTY. nORlO' IONC Ii pCRnON or lUtmW PAIIt( Ac:x::aRDlNC ro 1H[ PlAT MIUor AS It(CMO(O IN PlAT lOOK It, PAQ[ .... orTlOAl Il(COIlOS or SOIINOl( CXIlINTY, nOllllOA, AHa II(lNC A IS rOOT WlO[ unuTY [A5I:WOIT l 'IlHC 1.' nn lUl AHO IICHT or THE rouOWlNC IlUOlIlm CDntJU,lN[: OOIA/(NOHC AT Tll[ N~nI.ST COMf(Il or SAIO LUTmEl pAIIt(: TllOfa: SOUTH 11I1WI'10. wUT A OISTANa: or "'.llO rto ro A POINT; lllOfa: SOUTll 71'01'50. [AST A OISTANa: OF 18,44 rtO ro THE PONT or II[ ClNNING; nlDIa sou Tll ,. '01' 411. . A II ST AHa: or "',51 'U T TO A PlINT: THENa: SOUnl III~'IO. . A IISUNa: or ,n,Sf nn TO A POINT lWfC HO ru T NCR THE ASn:AI. Y or lH[ NOATHtASttJIl Y "'~T-or-.AY UH[ or STAft 1Il0AD No. 4J4: Tll(Na I1J,II1 'UT. AUlNC nI( Aile or A OJII'<< l 'IlNC 1.SO rn' NOI'ITlltASTDll Y or ANO pAIIAI.Ul. .ne SoU) "'~l-or-WAY UII[. SAIO CUR'<< IIEINC ~eA'<< TO THE SOUnl.n, HA\I4NC A on TA ANQ.L OF 00"'')')', A "AOIUS OF ,)11411.24 no, A OiClRO .UINC or SOUTll 1lI1l2'I,' UST, N<<J A OiOAD or 17J.1I rUT TO THE paNT or m.., IN A nOH, ,. 2. 3. 4. IS' INCA[SS/'fCR[SS (AS[WOf' UCAl OlSCJIIPnCl'l AU THAT "'AC' OA PAllCU or LAND l YlNG IN sr:cnOH le. TO~!iHp 20 SOUTH, RAHG( ,)0 (AST. sr:WIHC1.l COUHN, nOAIO' OONG A PORIlOH or lUTmEU pAllII ACCOAOIHC TO nlE PLA' tH[lKor AS MCOAOED IN PLAT 800Il ", PAQ[ <<, ornOAl MCClROS or S[WINQ..[ eOUNN, n~lDA. N<<J IONC WOA[ PAil nCUlAlIl Y llUatl8m AS rwows: COWW[NOIIC AT THE lI~tHlII{ST COANDt or SAIO LUT11l[L PAAIC; THEHC[ SOUTH 111"58'10' .sr A DlS'ANCE OF 157,00 ru' '0 A POIN'; TliOIt[ SOUTH 71111'50. UST A OIS I ANt[ or 44,00 "(1 '0 tHE PClII<lT or II(CINNINC; fHOft( c~nNU( SOUtH 111ll'~. UST A DlSTAIla: 01 HUt "n 11) A POIHT; Tll(1Ia: SOUtH 1111"4'. ~sr A DlS'ANt( OF 171,11 rtn ro A POINT; MNa: soune 111'511'10' .ST A DlS'ANa: or 151.12 r[O TO A pOlHT ~ THE NORTHEA$T[RLY IllCHT-or-WAY UN[ or STAT[ 1l0AO lie. 4.34; noa: \1,'0 ruT AlCl'lC SAID "'~T-or-.'" LIH[. ALONG THE AIIC or A eUII\f:. (XlNCA\f: TO THE NOATH, HA\I4NC A DO. U ANCU or llOll"lll'. A "ADlUS a le4le,74 rn" A O'OAO B[ ""'Ne or NORne .)7'58',)5' ~T. AIIb A 0i0A0 OF 17.10 rtn 10 A pDIN'; neENa: NOATH 1I1W1'IO. UST, OO'AIITlNC SAIO IUCHT-or-WAY ~[, A DISTAIIC( or 142.11 nn '0 A POINT; MNa: NOAnI 21111'411' [AST A DISTANa: or 111... "n TO TH[ POINT or MClHNING. tONTAlHlHG I,UI SOUAIl[ nIT OA O.OU ACR( "OIl[ OIl Usl. 15' unuTY [,t,5{II[NT 'I. UCAl O(~lPn~ AU. tHAT TRACT OA p""en or LAND l 'IlHC IN sr:c nCl'l le, TOwtlSHIP 20 SOUtH, IlANC( .)0 US" .W'NOU COUIIN, nOAIOA, BUNG A pORnON or LUrntW PARtl ACCOllOlHC TO TH[ PlAT TH[R{or AS Il[COAD[O IN PLAT 1I001l II, PAC( 44, ornClAl "[COAOS or S[WINOU CDUNN, nORIO, AHa "'NC A IS roo, WlO( uruTY USOIOH l nNC 1.~ ruT lUl ANIl IlICHT or ne[ rG.1.OlllllNC D[~18ED a:N T[IlUN[; COWIIOIOHG AT Tll[ NOATH"EST CORN[1l 01 SAIO w\-mH PARI<; nl[NC( SOUTH 111~'IO' .ST A DlSIAHa: or 151,00 ruT '0 A PaNT; THOle[ soune 1I1ll'SO' (AST A DISTANt( or SUll ru, 10 1ll[ pOlH' or lI(DlNIIING; 'nc[Ht( soune 021 7'46' (AST A OIS1AHa: or "0,00 ruT TO THE "DINT or T[AWlNA tlClN, \\Apl-lafl-nI1 \site\ORLANDO\A-2-E-015\015-b\sile agreemenI12-3-97.final.doc 12/04/97 3:55 PM 13 SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs EXHIBIT "B" TO SITE AGREEMENT Page 2 of 2 SKETCH AND DESCRIPTION OF THE PROJECT SITE: Legal description of property to be attached. -- -- -~20+ ~03. 00' Rt:COvt:RED ,. IRON PtP[ , CNJ 0(5,""O'tED q..QfI' ':ST -- l:j --, \ \ \ \ \ , ------- ~ , .. f -__ ~ .C't/~~--------____________________________ cis",ohD o.otf tA5l ----_______________ ~t:#l~~- -__ T IlOOIl ,II. ~.,... .. , I I I ===~~ t \ '.... \ ----------------------------------------------- , S71'O"~_ 50.00" L[ASI[ ~iUlCI1 , ~ ~ ~~ 9 N71'Ol'_ ;;; 9 50. 00" 9 ---------- ~lVI1ION -.A 99 g9~g 9 9 99 9 9 9 9 U 9 I I , I I I I I __oJ D1ST1tO FPC PO'lIIOl TRNlSf'0AIII[R ASPttALT PARkttG :.. ASPHAl.TOIlM: ASPHALT ~_"C ASPHALT P_lNC II ' II II II II II II II II II II " " II II ~II -II !III _1/ :/11 ~II II II 1/ II II II II 1/ o 11' _!lSIl:"'US ~DlT AIlC.A; 1.221 SCUM!: nrY all Q.OJII AatU "AOIO [OUlPWOH BEl0J ~ .'010 TOWER QTY cr WHTtll Sl'RlNCS '-15111' n\lt IIlA.lJNC 9 ASPHALT ~"""'NC ASPHAL f PAMC"O ASPMALT PAUINC o 0 C 01 .. TtA W('ltJ'S ~?> <1~ ~ ~ m... SPUa: POINT ~ OlD (E CCNDUT o <1<;) " ''/ I ~IUI.+1'::J ( :5:55 PM @ 9 14 SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs EXHIBIT "C" TO SITE AGREEMENT THIS INSTRUMENT PREPARED BY AND RETURN TO: Corporate Legal Review APT Tampa/Orlando, Inc. 6902 Cypress Park Drive Tampa, FL 33634 MEMORANDUM OF SITE AGREEMENT FOR LAND/LEASE THIS MEMORANDUM OF SITE AGREEMENT FOR LAND/LEASE ( "Memorandum") is made and entered into by and between City of Winter Springs, a Florida incorporated municipality, with an address of 1126 East S.R. 434, City of Winter Springs, FL 32708 as "Owner", and APT Tampa/Orlando, Inc., a Delaware corporation, with an address of 8410 W. Bryn Mawr, Suite 1100, Chicago, IL 60631-3486, "APT". 1. PREMISES. Owner and APT have entered into a Site Agreement for Land dated as of , 1997 (together with any amendments and modifications thereto, the "Site Agreement"), whereby Owner has leased and APT has hired those certain premises in Seminole County, Florida, consisting of, among other things, approximately square feet of land, as depicted and legally described on Exhibit "A" attached hereto and hereby incorporated into this Memorandum and certain easements (the "Project Site"). 2. TERM. The initial term of the Site Agreement shall be a period of five (5) and a fraction years commencing as of the "Commencement Date," as defined herein below, and terminating on the 31st day of December following the fifth (5th) annual anniversary of the Commencement Date unless otherwise terminated as provided in the Site Agreement ("Initial Term"). 3. RENEWAL OPTIONS. In addition to the Initial Term and on and subject to the terms of the Site Agreement, the Site Agreement term may be automatically extended for four (4) consecutive periods of five (5) years each. Each such extension shall be known hereinafter as a "Renewal Term." Hereinafter, the Initial Term, together with any and all Renewal Terms, shall be known as the "Term" of the Site Agreement. 4. COMMENCEMENT. The "Commencement Date" is \\Apt-tafl-nt1 \site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 15 SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs 5. LEASE INCORPORATED. All of the terms, conditions, provisions and covenants of the Site Agreement are hereby incorporated herein as if fully set forth in this Memorandum, To the extent that any of the terms hereof are inconsistent with the terms of the Site Agreement, the terms of the Site Agreement shall control. In the event that an inspection of or reference to the full terms, conditions, provisions or covenants of the Site Agreement is desired or necessary, a request for such inspection should be made to the Owner at the address set forth above, stating the name and address of the person and/or entity requesting the inspection, and setting forth the reason for the inspection. The Owner may permit or refuse such inspection in its sole and absolute discretion. IN WITNESS WHEREOF, Owner and APT have executed this Memorandum as of the date and year set forth below their respective signatures. Signed, sealed and delivered in the presence of: Witnesses: OWNER: City of Winter Springs, a Florida incorporated municipality 1. Print Name: By: Print Name: Print Title: Date: 2. Print Name: Attest: Print Name: Print Title: [Corporate Seal] Date: TENANT: Witnesses: APT Tampa/Orlando, Inc., a Delaware corporation 1. Printed Name: 2. Printed Name: By: Name: Title: Tony R. McDowell Director, Engineering and Operations and Authorized Agent [Corporate Seal] Date: \\Apt-tafl-nt1 \site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 16 SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged [name of person). as incorporated municipality on behalf of the has produced as identification. ' before me on this _ day of , 1997, by [title of person). of City of Winter Springs, a Florida [type of entity). He/she is personally known to me or My commission expires: [Seal] Notary Public - State of Florida Commission Number: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me on this _ day of ,1997, by Tony R. McDowell, as Director, Engineering and Operations and Authorized Agent, of APT Tampa/Orlando, Inc., a Delaware corporation. He is personally known to me or has produced as identification. My commission expires: [Seal] Notary Public - State of Florida Commission Number: \\Apt-tafl-nt1\site\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 17 .. #- SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs THIS INSTRUMENT PREPARED BY AND RETURN TO: Corporate Legal Review APT Tampa/Orlando, Inc. 6902 Cypress Park Drive Tampa, FL 33634 MEMORANDUM OF SITE AGREEMENT FOR LAND/LEASE THIS MEMORANDUM OF SITE AGREEMENT FOR LAND/LEASE ( "Memorandum") is made and entered into by and between City of Winter Springs, a Florida incorporated municipality, with an address of 1126 East S.R. 434, City of Winter Springs, FL 32708, as "Owner", and APT Tampa/Orlando, Inc., a Delaware corporation, with an address of 8410 W. Bryn Mawr, Suite 1100, Chicago, IL 60631-3486, "APT". 1. PREMISES. Owner and APT have entered into a Site Agreement for Land dated as of . 1997 (together with any amendments and modifications thereto, the "Site Agreement"), whereby Owner has leased and APT has hired those certain premises in Seminole County, Florida, consisting of, among other things, approximately -;A.SO() square feet of land, as depicted and legally described on Exhibit "An attached hereto and hereby incorporated into this Memorandum and certain easements (the .Project Site"). 2. TERM. The initial term of the Site Agreement shall be a period of five (5) and a fraction years commencing as of the "Commencement Date," as defined herein below, and terminating on the 31st day of December following the fifth (5th) annual anniversary of the Commencement Date unless otherwise terminated as provided in the Site Agreement ("Initial Term"). 3. RENEWAL OPTIONS. In addition to the Initial Term and on and subject to the terms of the Site Agreement, the Site Agreement term may be automatically extended for four (4) consecutive periods of five (5) years each. Each such extension shall be known hereinafter as a "Renewal Term." Hereinafter, the Initial Term, together with any and all Renewal Terms, shall be known as the "Term" of the Site Agreement. 4. COMMENCEMENT. The "Commencement Date" is 5. LEASE INCORPORATED. All of the terms, conditions, provisions and covenants of the Site Agreement are hereby incorporated herein as if fully set forth in this Memorandum. To the extent that any of the terms hereof are inconsistent with the terms of the Site Agreement, the terms of the Site Agreement shall control. In the event that an inspection of or reference to the full terms, conditions, provisions or covenants of the Site Agreement is desired or necessary, a request for such inspection should be made to the Owner at the address set \\Apt-tafl-nt1\site\ORLANDO\A-2-E-015\015-b\12-3-97 MOA.doc 12/04/97 3:57 PM " ~ SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs forth above, stating the name and address of the person and/or entity requesting the inspection, and setting forth the reason for the inspection. The Owner may permit or refuse such inspection in its sole and absolute discretion. IN WITNESS WHEREOF, Owner and APT have executed this Memorandum as of the dale and year set forth below their respective signatures. Signed, sealed and delivered in the presence of: OWNER: Witnesses: City of Winter Springs, a Florida incorporated municipality 1. Print Name: By: Print Name: Print Title: Date: 2. Print Name: Attest: Print Name: Print Title: [Corporate Seal] Date: TENANT: Witnesses: APT Tampa/Orlando, Inc., a Delaware corporation 1. Printed Name: 2. Printed Name: By: Name: Title: Tony R. McDowell Director, Engineering and Operations and Authorized Agent [Corporate Seal] Date: \\Apl-lan-nt1 \sile\ORLANDO\A-2-E-015\015-b\12-3-97 MOA.doc 12/04/97 3:57 PM 2 ;; SITE ID: A-2-E-015-B SITE NAME: City of Winter Springs STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me on this _ day of . 1997. by [name of person), as [title of person). of City of Winter Springs, a Florida incorporated municipality on behalf of such municipality. He/she is personally known to me or has produced as identification. My commission expires: (Seal) Notary Public - Slale of Florida Commission Number: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me on this _ day of . 1997, by Tony R. McDowell. as Director, Engineering and Operations and Authorized Agent, of APT Tampa/Orlando, Inc., a Delaware corporation. He is personally known to me or has produced as identification. My commission expires: [Seal) Notary Public - State of Florida Commission Number: \\Apl-lan-nI1\sile\ORLANDO\A-2-E-015\015-b\ 12-3-97 MOA.doc 12/04/97 3:57 PM 3 ~ SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs EXHIBIT A , l[ASl PAIlcn UCAl DUCll"~ AU ~A I ",At? OIl 'MCn. or LAIIO lW<lC IN .c IlOfI Je, T01llfl'" 10 SOU nt, IlAHC( ,)0 lAS!, .UINOU COUIlN, fU"'IO~ IIOIIC A POIlnON Of lUm[lL PMIl ACCOIlOlNC ru ~[ PLAT TH[ll{or AI Il{COIlD(D 1M PLA I 1l00lf U, 'ACI[ u, arnOAl II(CORDS Of S(UINOU COUNty, nOltIO"- AND 'OIlG "OIl( PoUl nClA.Nll Y OUCI88O> AI 'D.J.!lWS: COWIIOfOIIC AT lH( 1I000THlIIIUT CXlANU or SAID Wm[l "MtC; TM[NC( SOUTH II~'IO' lIIIUT A DlSTAHt[ ar IS1,OO mT TO A PONT; 'I)f()It( SOUI)4 71'0"50' lA.Sf A OISTAHt( ar u 00 rUT ro TH[ POINI Of IltOtlNINQ: n!OlC( NOltTH '1'51"0' toUI A OIS!AHC( or 50,00 rUT 10 A '0IN1: ~OIC( SOUTH ""01'50' [AST A OIS!AHC( Of ~.OO n:o 10 A POll"; THOfCt SOU~ '1'51'10' l1IIOT A OISTAHC( ar 50,00 n:U 10 A POINT: ~NC( NOltTH 11'01'lW). .UI A OIUANt( ar !IO.oo n:n ro Ol[ POll" or "CINNINC. CONTAI.....C 1.!IOO SCUM( 'U1 011 0.051 ACIln UeA( Olt uss. IS' UTUTY tA!IOI(NI 'A' U GAl DUOIP nON AU. I)4AT "'ACT 011 P""t[t or LAHO tW<lC IN 5(CTlOH Je, T0.4SJ.. 10 SOU 1)4, IlANCI[ Jl) [ASf. !iOIINOU COUNty. nOltlD~ 'ONO A POIInON ar lumw PAIll( ACCCltIllNC ru ~ PlAT fHfll[or AS "lCOIlO(D IN "UI IOQIC U, PAC( <<. arnoAl It{C(WIDS or SUIINOU COJNty, ftOflllt)~ AM) lI(lNC A 15 '001 IlO( unuty lASl:lltNI tW<lC 1.S n:n un AHD NCHT or ~ 'D.J.o.NG DUCJlIO> contJlIJN(: OOIN{NCIIfC AT 1)4[ NOIlllt." CMN[Il or SAID tU~l PAMe; ~INct SOUI)4 11'51"0' l1II(Sf A D1UANct ar 'S7.00 no 10 A "OINT; lltOlct IOUI)4 7''0''50' [oU, A DIStANt[ ar Je u n:o ru fHf PONT ar ll(ClllNNQ; lltOta: SOUTH )1'0,'.1' W A DISTANt( or 171,51 n:n TO A PONT: ~NC( SOUI)4 II'!>I'IO' W A OISUNC( ar ''',Sf rrn ro A POINT tW<lO 1.50 ruT NOIITH(ASn:RlY ar fHf NOROlIASIUllY "'CHI-ar-wAY lIN[ ar STAIt ItOAD HII. 4J4; I)4[HCl I7J," f(If, AlONG 1lt[ Aile: ar A CUIt~ t 'ftNC 1.50 m I NOItfH[AS!t"'- Y ar AHD PAIlAlUl. .TH SAIl IIICHt-Of-WAY UN[, SAIO CUIt~ I[ING OONCA~ ro fH( SOUTH'll(", HA~NC A bO.IA ANlU: Of OO'S'J]', A IlADlUS ar Jl411." "0, A 040A0 I(UINC ar SOUTH .)1'02'1,' UST, AND A 040AD ar I7J.1I rro TO M POINT or TOIIIINAflOH. R:\ORLANOO\A-2-E-015\015-b\12-3-97 MOA.doc 15' INCJlrsslt~(u IASOIOIT u CAt. DUellIP nON AlL THAI "'ACI 011 P""Cll ar lAND l'rINC IN sn: nON Je. TOlll'4SUP JO SOU 1)4, RANG( JO (ASI. .VINC1.( COUllty, nOR1D~ OOIlG A PORnON 01 LU~lL P""'II ACCIl'lIllNO to lltr PLAT 1)4(Itl:Of AS Il(CORO[O IN PLA T 800Il U, PACI[ u. C>n1DAl Il{CMOS Of S(VINOU CDUIIN, rUlIllD~ AND IIOIIG UDAl PAil n~Ill Y 1X..SCItl80> AS fa.lOWS: COWIIOlONC AT fH( N()IIITHl1II{ST CXlRNl'1t 01 'AIO wmH PAAtC; TH(HC[ SDUTH 11'51"0' .(1 T A illS I AHCt ar 15 7 00 ru I TO A POIN T; not( SOUI)4 71'0"50' lAST A DlStAHC[ or 44.00 n:n TO mr POIIIr ar IlOtlNINC; not( CONnNU( scum n"O,'so' [ASt A OISIAlla: or 15,11 rUT 1'0 A POINT: fl-l(NC( soum JI'01'.I. W[lI A DIStANt( ar ''',,, n:n 1'0 A POINt: fHflla: SOUI)4 '1'51"0' lIIIrsr A OISTANt( 01 1St.12 Hn 10 A POINT ON fHf NORTH(ASItRlY At~T-ar-.AY UN( ar SlAIt II0AO II.. 4.)4; THOIC( 17,'0 rrn AlONO SAID "'C>>tl-ar-WAY LINl, AtONC fl-l( Me: or A CUIl~. COIICA~ 10 fl-l( 1I000m, HA"'IIC A llO. fA ANCl.[ ar OO"O"Je', A IlADlUS t1f 1lI4Jll'. ru f, A OlOAO Il A.IIINC t1f N(lIlTH J7'!11'JS' .ul, AHI) A OlORD ar 17,10 rUT TO A POINT; ntlNCl N(lIlTH II'!>I"O' (A5I, OO'MTlHO SAID RIOIn-Of-WAY LJOIE. A DI5IANC( ar IH.'7 n:n TO A POIIIT; nl[lIa: 'lOAm JI"OI'41' [ASf A OlStANC( ar 17.... rtn TO 1)4( POIIII ar lI(ClHIIING. CONIAlNlNG I,U' SOUAIU ru I 0It O,OJII ACR[ VOR( OR UU TS' U nUN [A5{II[NI ",. UCAI.. 01 SCRIP nON AU THAI "'ACT OR PMen ar LAND l YlNG IN .cnON 38, TO""9" JO SDUI)4, ItAHG( JO [ASt, SlWIHOU COUI<IN, nORI()~ IUIIO A POIlnON ar tumw PMIC ACCIl'lDINC TO nIl PlA T fHfltl:or AS M:COIlO(O IN PLAT 1I0Q1C II, PACI[ 44, OfnOAl Il[COAOS ar SlW'NC1.( CDUIIN, nORIO~ AHO lI(lNC A 15 rool .[)( UTlUN tASOIOH.lm.c 7,50 rul lUt AND IUCH' ar 1)41 'D...L.OWNG [)(SaUlIlD a:N It:IlUNt: COWIIINOHG AI 1lt( NIl'II)4'll(Sr CORN[Il Of SAID W""'rl PAIN: not( soum 1I'!>1'10' l1II{ST A DlSIAHa: 01 151.00 ru I 10 A PaNI; nOt( soum 71'01'50' [AST A DlSTAHt( 01 St.IJ rul 10 nt[ POINT ar lI(CINNINQ; llt(Nt( SOUI)4 01' ,.... [oUT A D1STANa: ar 110,00 mT TO fH( "CPlT 01 It:''''''AllON. " 12/04/97 4:27 PM 4 REV DATE 6 JO/21. 1997 10/1 1997 9/Z3 1997 7/30 1997 7/BB 4 3 2 J I I - I ..,9 I .. - I -I- l~' n- - - --..+- - - ~~ -41i\-~- -r'I 't CATCH W--~24.RCP~--~---ibd ~ADWALL BASIN I I - \ \ I I \ ..~~ \ II E> t" f> I I..'}..' \" ~. I If" '1-_ 1 ~; : \ ----_-J'!J _____-~:1--TOE-OF-SL~-----+-~-- . ! I \ ... I I - ..'}..~ \ ~I I+-" : I' " ..'}..:1 I \i.. I i I I I I I I I I I I . Ii."'}..' 8 II -;. ~ I i I I I I I i i I I : I i I i I I ~ ' i I lS~OAI( . i r 1 I ').-. +4.00' -/.-1(1.' '. ",""' .. N iii * ~ ,..: It) ... RE1EN11ON POND SO. 00' -- -- -- .,,:1 1 -~- ~ f> --+- ..'}... --------+-:----JQP_Qf BANK ..~:I- -------+--- - ,r.. 'a"OAK . ~> -_ HI.OAK \ \ ~~, ~ \' ~>';';'.O'" '.O~~:::<>A:~'" , ..'}..:1 12"OAK,~~ +- ..~~ - ~&.OAI( -I- \ \ <,) --- . ,.' '2"OAK . , -I- ..i.\, ."> \lS.0AK ..~:I- .,:1 '-I- +-.... \ \ \---1S' UllUTY EASEMENT -B- ~ ~ \ .. ~ '\ \. 'I; \ .~~:- ".p,," 8 'w' -I-"'}..~ il ANSf'ORMER I ~9 ~9 -I- ....... S1~ -I- 8- r),JRB ~f> ..'}..'!J S71'01 'SO.E LEASE PARCEL. AREA: 2SOO SQUARE FEET OR 0.OS7 ACRE:J: +- ..'}..'!J ..'}..~ +- 12"PAlIll ~ 1-, .>_____ ..~, .' K ~~. 12"OAK ,.)_.- , S"OAK . .... ..~:!l +- P.O.8. EASEMENT ., o ! U; i I l- I : : , r 1_/' i I l Ie ~ t~' /1 i ~:/ :(1 t I j/ ~ ~ ~:~ ;:) I I,I~ . I' I ~ ,: I Iii: - 1 ' I I, ~"/~' : : , I I I I I ~'I :; , I ~. I~ ..0(. ,+- I ,J~ ,. ,I ..~:1 ....... -I- 1'y , ...." \ \ \ .. \ \ f> ,.'}... \ \ \ \ S"OAK, .> --- +- ..'}..~ , .,)0-- \ . '_,' -S"OAK I fB ~ I \ ., p iJ I I i I I I I i to'}..~ +- ....~ 1 S' INGRESS/EGRESS EASEMENT ... ,1 ....' +- LEASE PARCEL. LEGAL DESCRIPllON ALL THAT TRACT OR PARCEL OF LAND LYING IN SECllON 38, TOVtt<lSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, R.ORIDA. BEING A PORllON OF LUmELL PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE +4, OFfICIAL RECORDS OF SEMINOLE COUNTY, R.ORIDA. AND BEING MORE PARllCULARL Y DESCRIBED AS FOLlOWS: COMMENCING AT THE NORTHV€ST CORNER OF SAID WTTREL PARK; THENCE SOUTH 1e-se'10- WEST A DISTANCE OF 1S7.00 FEET TO A POINT; THENCE SOUTH 71'01'SO. EAST A DISTANCE OF +4.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 18"58'10- EAST A DISTANCE OF SO.OO FEET TO A POINT; THENCE SOUTH 71'01'SO- EAST A DISTANCE OF SO.OO FEET TO A POINT; THENCE SOUTH 11"58'10. WEST A DISTANCE OF SO.OO FEET TO A POINT; THENCE NORTH 71'01'SO- WEST A DISTANCE OF SO.OO FEET TO THE POINT OF BEGINNING. CONTAINING 2.SOO SQUARE FEET OR 0.OS7 ACRES MORE OR LESS. 15' UllUTY EASEMENT .A. LEGAL DESCRIPllON ALL THAT TRACT OR PARCEL OF LAND LYING IN SECllON 38, TOVtt<lSHIP 20 SOUTH, RANGE 30 EAST, SEMINOlE COUNTY, R.ORlDA. BEING A PORllON OF WTTREU. PARK ACCORDING TO THE PlAT THEREOF AS RECORDED IN PlAT BOOI< 11, PAGE 44, OFfICIAL RECORDS OF SEMINOLE COUNTY, R.ORIDA. AND BEING A 1S FOOT WIDE UllUTY EASEMENT LYING 7.S FEET LEFT AND RIGHT OF THE FOLlOWING DESCRIBED CENlmUNE: COMMENaNG AT THE NORTHYLST CORNER OF SAID WTTREL PARK; THENCE SOUTH 11"51'10. VeEST A DISTANCE OF 1S7.oo FEET TO A POINT; THENCE SOUTH 71'01'50- EAST A DISTANCE OF 38.44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 28'01'48. W A DISTANCE OF 171.51 FEET TO A POINT; THENCE SOUTH 18"58'10. W A DISTANCE OF 128.9 FEET TO A POINT LYING 7.50 FEET NORTHEASTERLY OF THE NORTHEASTERlY RIGHT-OF-WAY UNE OF STATE ROAD No. 434; THENCE 173.81 FEET, ALONe THE ARC OF A CUR~ LYING 7.SO FEET NORTHEASTERLY OF AND PARALLEL WITH SAID RIGHT-OF-WAY UNE, SAID CUR~ BEING CONCA~ TO THE SOUTH~T, HAVING A DELTA ANGLE OF 00'5'33-, A RADIUS OF 3&429.24 FEET, A CHORD BEARING OF SOUTH 31"02'19. EAST, AND A CHORD OF 173.81 FEET TO THE POINT Of' TERMINA llON. REVISION DESCRIPTION DSGN CHK ADD UTIUTY KASEJIENTS PLOT ADDITIONAL SPOT BLEVATIONS REVlSB S1TB LOCATION 83 LAT/LONG TO 27 DATUJI ADD JlS' U'I7UTY BASEJIENT 8 ~ ,.- -. - ',. ), "'""'-- , ,-.._ . 12"PAlM '-'...> "'- , ..S.OAK " . ..~. -I- ..~:1 +- ..~~ +- ~:I- +- I -"'}----- ',,> .....-..-, , .~_.' 12"OAK o ! lii : lS"OAK , '. . v;..--: 1r'}..:1' '" " '1 O"OAK -+ ~'.--..> -- 12"OAK to~~ j "....>-....... ..~.to +- ..~:!l -I- ,. . ,....>--: " r",. to'}..:!l -I- '-' iI"OAK ~..;>........ ..'}..9 . 'rt'OAK +- ..~~ +- ,." -, ; ._~- c '",,~-_ It , . ..'}..' . ,-'1- c S.OAK ' , \. ':. --"" '.~ . ,10"OAK ..,.>~- '. , " lO.SWEET GUM ..~.() +- to~" -I- to~~ +- , ,.' ~'-8"OAK to'}..9 +- , ,~ " ..'}..:1 +- ~ ..~" +- ~ ~ ASPHALT PAVEMENT LEASE PARCEL DETAIL SCALE: I" = 20' 1 S' INGRESS/EGRESS EASEMENT LEGAL DESCRlPllON ALL THAT TRACT OR PARCEL OF LAND LYING IN SECllON 38, TOVtt<lSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY. R.ORlDA. BEING A PORllON OF WTTRELL PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 44, OFF1CIAL RECORDS OF SEMINOLE COUNTY, R.ORIOA. AND BEING WORE PARTICULARLY DESCRIBED AS FOLlOWS: COWMENaNG AT THE NORTHWEST CORNER OF SAID WTTREL PARK; THENCE SOUTH 18"58'10. VeEST A DISTANCE OF 1S7.OO FEET TO A POINT; lHENCE SOUTH 71 '01 'SO. EAST A DISTANCE Of +4.00 FEET TO THE POINT OF BEGINNING; THENCE CONllNUE SOUTH 71'01'SO" EAST A DISTANCE OF 1S.11 FEET TO A POINT; THENCE SOUTH 28'01'48. VeEST A DISTANCE OF 179.91 FEET TO A POINT; THENCE SOUTH 18'e8'10- WEST A DISTANCE OF 151.12 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY UNE OF STATE ROAD No. 434; THENCE 17.90 FEET ALONG SAID RIGHT-OF-WAY UNE, ALONG 'THE ARC OF A CURVE. CONCA~ TO THE NORTH, HAVING A DELTA ANGLE 01 00'01'38-, A RADIUS Of 38438.74 FEET. A CHORD BEARING OF NORTH 37"58'35- YtDT, AND A CHORD OF 17.90 FEET TO A POINT; THENCE NORTH 11"58'10" EAST, DEPARllNG SAID RIGHT-OF-WAY UNE, A DISTANCE OF 142.97 FEET TO A POINT; THENCE NORTH 28'01'41- EAST A DISTANCE OF 178.98 FEET TO THE POINT OF BEGINNING. CONTAINING 1,228 SQUARE FEET OR 0.028 ACRE M~ OR LEss. 1S' UllUTY EASEMENT -B- LEGAl DESCRlPllON ALL THAT TRACT OR PARCEL OF LAND LYING IN SECllON 38, TOVtt<lSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, FLORIDA. BEING A PORllON OF WT1RE1.L PARK ACCOROtNG TO THE PlAT 'THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 44, OF'FlCtAL. RECORDS Of SEMINOLE COUNTY, FLORIDA. AND BEItG A 15 FOOT .oE UllUTY EASEMENT LYING 7.~ FEET LEFT AND RIGHT OF lHE Fa.LOWNG DESCRIBED CENTERUNE: cotAfENaNG AT THE NORlHWEST CORNER OF SAID WTTREL PARK; THENCE SOUTH 18"58'10" WEST A DISTANCE Of 1S7.OO FEET TO A POINT; THENCE SOUTH 71'01'50" EAST A DISTANCE Of S1.83 FEET TO THE POINT Of BEGINNING; lHENCE SOUlH mT.... EAST A DISTANCE Of 110.00 FEET TO THE POINT OF lEIUNA 11ON. ~ GBODATA CONSULTANTS, INC. ~ SURVBYlNG Ie )lAPPING 2700 'WESTHALL LANE SUITE 137 MAITLAND, FLORIDA 32751 VOICE: (407) 880-2322 FAX: 660-8223 m"24'~ . oC . ,..- ,- / - / : / P iO.C. I RE~~1'~~------------------_ eN> ~ o.at EAST --------------- N.W. OF U/1'TREU. PARK --------------- PLAT BOOK{11, PAGE +4 ---------.:... {\ , { {. \ - I I . \ n:: - = = = b =0 I RElENllON AREA \ 'n': \ \ I I II: \ \ } ( . :: \ '---------------------------------____________ /) [;t:: r== ==== ===n, II \ ----------______-/ / IT - II S71'01'Sb-E-- ) I: II -. ___ I; II !SO. 00 ------------______________________ // II :: LEASE PARCEl.",.,~:' ----------------------// ii 11,0 ~ 8 .v"^-;' j: :: ~ 2': "~ ~ ':--~ ~~ ,~- :: .. 571 'Ol'50"El1 N71 'O1.;~. lii ~. ';O~' . :J~: : ! ~N..:' J,~'II ~ SO.~ W "'-.: ~_ ,,",,'J_ .'" ,.' ,~:. :: '"",,"""';' '- J6,~' It' :,0 It' II ~:i " :v...,. +t II r ~)"-..... J>, ::~ II I iil '~\ ;::~: ~ "'." .,:~- /:: J , H ~ i \" ." '" :v- ;. /;1 ;' I :I~ \~, ~~ ~-. ,V_...:. ./1: / .,!; \ \ "''"~; v::': /;! ;' I ~;~ - '- ,~t ".:C ____CDIlERUNE OF 15' c-- 0'.. /::/ : 'II ~ UllUTY EASEMENT / ill /' ) i: 'w' \,'/",,15' UllUTY EASEMENT -S" / ~ II \ , ~~ / /: , I \ __...1 III l-"~ I I;: , . I ASPHALT PARKING \1' I ~ I II :\ I~ "8 8 ..... 503.00' ,.",.,- ,,' RECOVERED 1. IRON PIPE CAP DESTROYED O.~' WEST ---- ---- ---- --- --- --- --- --- --- --- -- :-- -- ,'- ~ ---, \ \ \ \ ) I ..........-... ,.. 8 ,..: ." ... .' es ~ ~-..:: ~ ".. ~ ~ .,:-~ ASPHALT DRIVE i~ ~! ~ U; ~ ~ in ... II ASPHALT PARKING ASPHALT PARKING II CENTERUNE OF 1S' UllUTY EASEMENT 1 S' INGRESS/EGRESS EASEMENT AREA: 1,228 SQUARE FEET OR 0.028 ACRa " " RADIO EQUIPMENT DEI] 0., ;: i ii ~ I '$/ I ~I I ! , ./ , ~I ~!. :, " RADIO TO~R i ~i: ~:; i....li Ii II , , I, 'i 11 I CITY OF WINTER SPRINGS ADMINtSTRA ll~ BUILDING " " ii -~ o ! - U; r:J ASPHALT PARKING ASPHALT PARKING Ii. . 0015'33" R - 38429 24' L . , 73.e1' C8 . S38'02'19"E ASPHALT DRIVE C . 173.S1' ASPHALT PARKING (l ~.?' 4.?' ~ @ @ @ CE WATER METERS ~ LEGEND: o 4~ . RCP ~ . ~tJ l:A - 00.39'30- R - 38438.74' L - 441.89' C - 441.69' CS - ~3'11-E en, ~ 81 III PARENT TRACT DETAIL SCALE: 1" = 40' (l N71 -:24' 32.W 131.77' APT Tampa / Orlando, I,nc. DESIGN / ENGINEERING / CONSTRUCTlON By. RUOR DAIIIILl~ T"CO.~ CERmCA 11ON: I HEREBY CERTIFY THAT A SUR~Y Of THE PROPERTY SHO~ HEREON WAS IllADE UNDER MY SUPER-"'SION ANO THAT THE SUR~Y MEETS THE MINIMUM TECHNICAl STANOAROS AS SET FORTH 8Y THE nORlOA BOARD Of PROI'ESSlONAl SUR~YORS ANO IllAPPERS IN CHAPTER 61G17-6, nORlOA ADWlNISTRAn~ CODE, PURSUANT TO CHAPTER 472.027 OF THE nORIDA STATUTES AN[) THAT TI-lt. ~ElOr4 HEREON ACCURATE REPRESENTATION THEREOf TO THE BEST Of illY KNOVltEOClE AND BEUEF, SUB.f:CT TO NOTES ~ Tampa / Ortando, Inc. 5907 Hampton Oaka Parkway, Suite B Tampa, Florida 33810 813 883-1000 NOTICE: UtI os IT IEMS tHE 8IGNA1\ME AMI) OIIGIW. ItAISED lEAL (6 A fUN)A UClUIED ~ UNE'tOR AMI) UJJ ,0. 1IIS OM" SICE1Qt. PlAT, OR MAP IS f'OR INFaWA1IONAL PUr._ ONLY NItJ IS NOT VALID '"~ zL~^, ~ IJ)J;J( ,.~ H~,",-~"" Land ~ eulln_ Llc:.,.. No. llSSS VAUD OHL Y WITH SIGNA lURE ANO OIBOSSED SEAL LAKE JESSUP 434 It 419 s'T ~ 1E RO~ _ 'TO LONGWOOO CENlRAL WINDS PARK CITY OF WINTER YICINlIT IMP NOT TO ICAIZ GENERAL NOTES: 1. THE PURPOSE OF lHtS DRAWING IS TO DETERMINE THE UWlTS OF THE LEASE PARCEL AND INGRESS/EGRESS EASEMENT RELAll~ TO 1HE PARENT TRACT AS DESCRIBED IN THE LEGAL OESCRIPllONS SHOWN HEREON, BY ESTABUSHING OR RE-ESTABUSHlNG CORNERS, WONUMENTS AND BOUNDARY UNES; FURTHERMORE. TO ESTA8USH THE HORIZONTAL. AND VERllCAL. SPAllAL RELAllONSHIP OF THE NAlURAL OR MANMADE FEA lURES LYING THEREIN. 2. THE BEARINGS SHOVtt<l HEREON ARE BASED ON 1HE EASTERLY BOUNDARY OF THE PLAT OF WTTREll. PARK BEING N 18"58'10. E RELA~ TO THE DEPAR1\IENT OF TRANSPORTAllON RIGHT-Of-WAY MAP FOR STAlE ROAD 434, AND ARE ASSUMED. 3. lHE SURVEYOR HAS NOT ABSTRACTED lHE LANDS SHO-.. HEREON FOR EASEMENTS AND/OR RIGHT-OF-WAY RECORDS. 4. NO UNDERGROUND INSTAUAllONS OR IMPRO~ENTS HAVE BEEN LOCATED EXCEPT AS SHOVtt<l. S. VERllCAL. DA lUM USED: SEMINOLE COUNTY BENCHWARK OESIONA llON: 0112 / SPORTS ElEVAllON: 48.199 (NOW 29) 5-)(5- CONCRETE MONUMENT WITH BRASS DISC STAMPED G.P.s. 0182 / SPORTS, LOCATED 100' NORTH OF S.R. 434 . 85' WEST OF ENTRANCE TO CENTRAL. _DS PARK. 8. VERllCAL. INFORMAllON IS RELAllVE TO MEAN SEA LEVEL (NOW 29). 7. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL. RAISED SEAl OF A F\.C)RtDA UCENSED SUR~ AHO MAPPER THIS ORA_a. SKETCH, PLAT OR MAP IS FOR INFORMA llONAL PURPOSES ONLY AND IS NOT VAUD. . 8. GEOGRAPHIC LOCA llON SCALED FROM QUAD MAP: LA lllUDE - 28. 42' 01.8- N (~I m NAD 27) LONGllUDE - 11. 1S' S9.9- W (SCALED NAD 27) PARENT TRACT LEGAL. OESCRIPllON LOTS 1 THROUGH 25 AND INCLUDING HOOVER STREET, WTTRELL LANE. AND THE SOUTH ONE-HALF (51 /2) OF 2ND STREET OF WT1'RELL PARK ACCORDING TO THE PLAT lHEREOF AS RECORDED IN PLAT BOOK 11, PAGE +4 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, R.0Rt0A. BEING A PORllON OF LOT 27, BLOCK B OF D.R. WlTCHELL'S SURVEY OF 'THE LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE S Of THE PUBUC RECORDS Of' SEMINOLE COUNTY, R.ORIDA. LYING NORTHEASTERlY OF STATE ROAD 419 (SANFORD-O~EDO ROAD). SET S/I- REBAR . CAP La flSSS8 cELl EUCTRIC METER o E8 ELEClRIC BOX REINFORCED CONCRElE PIPE :;;t FIRE HYDRANT WATER METER "- !:), liS + MAC SPOT ElEVA 11 ON UllUTY POLE P.o.c. POINT OF COMMENCEMENT P.O"B. POINT OF BEGINNING F.D.O.T. FLORIDA DEPAR1\IENT OF TRANSPORTAllON R/W RIGHT-OF-WAY NOW NORTH AMERICAN GEODEllC VERllCAL DA lUM OVERHEAD UllUTY UNES UGHT POLE ..... .... F03-01 BOUNDARY & TOPOGRAPHIC SURVEY OF LAKE JESSUP -- RM - 1-22-17 - 1-23-17 ... 17-1/ls 7 .t APT -BTS-A-2-E-015-B ...- - tItV .. ", .... ..- 1-2-17 It 1-11-17 .... .. lD ..r _ -. _ . ell\' . _ ... --. ...... ~ REV 3 SCM.E OMWIG NUI.-R '.-20' F0301SVRDWG