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HomeMy WebLinkAbout2016 02 08 Consent 301 Cell Tower ContractsCOMMISSION AGENDA ITEM 301 Informational Consent X Public Hearings Regular February 08, 2016 KS SB Regular Meeting City Manager Department REQUEST: The Finance Director requests that the City Commission consider an extension of the T- Mobile USA Tower LLC and New Cingular Wireless PCS, LLC contracts. SYNOPSIS: City staff requested that the City Attorney review and prepare contracts to extend the two existing City cell tower leases between T- Mobile USA Tower LLC and New Cingular Wireless PCS, LLC. The current contracts will expire on December 22, 2022 (Shore Road) and November 20, 2020 (City Hall). The proposed contract amendments are set forth in this agenda item. CONSIDERATIONS: Two cell tower sites are owned by the City at Shore Drive and City Hall. The current contracts expire December 22, 2022 (Shore Drive) and November 20, 2020 (City Hall). Both towers combined contribute approximately $200,000 per year in operating revenue to the General Fund. It is staff s desire to continue this relationship and extended and enhance the revenue streams from the leases. Shore Drive Tower /New Cingular Wireless PCs, LLC (Contract Amendment One) 1) Extend the term of the lease six (6) additional 5 -year terms. Expiration will change from November 6, 2020 to November 6, 2050 unless terminated sooner as provided in the lease. 2) Grants the tenant the right of first refusal in limited situations where the City has received and Consent 301 PAGE 1 OF 3 - February 08, 2016 is ready to accept a bona fide written offer to acquire an interest in the leased premises from another person or entity that owns towers or wireless telecommunication facilities (or in the business of acquiring the City's interest in the agreement) 3) Management of the second position on the tower. The City currently controls an antennae position on the tower that at its discretion can be used for City purposes or be leased. It is our desire to authorize Crown Castle to market and share in the rent revenue according to a 70% / 30% split, City receiving the 70% share. Compared to the present contract, this will have a favorable revenue impact to the City of $15,000 per year. 4) In addition to the four other co- locations referenced in this agreement, tenant will allow the City to install a small radio antennae on the tower for the City's emergency management purposes at a cost of $2,500. Funds will come from the Local Law Enforcement Fund and are described in Consent Agenda Item 302 (February 8, 2016). City Hall Tower /T- Mobile USA Tower LLC (Contract Amendment Two) 1) Extend the term of the lease by six (6) additional 5 -year terms. Expiration will changed from December 31, 2022 to December 31, 2052 unless terminated sooner as provided in the lease. 2) Grants the tenant the right of first refusal in limited situations where the City has received and is ready to accept a bona fide written offer to acquire an interest in the leased premises from another person or entity that owns towers or wireless telecommunication facilities (or in the business of acquiring the City's interest in the agreement). 3) Increase the annual rent escalation from 3% to 5% effective for the years immediately preceding the adjustment date. FISCAL IMPACT: By approving the contract modifications the City will benefit an additional $450,000 (nominal /over 30 years) in rent for the City's position on the tower (once filled) and an additional $81,000 (nominal /over 30 years) from the rent escalation rate increases. The City will also benefit by the addition of a radio antennae that will strengthen our emergency communications abilities for a cost of $2,500. With the proposed contract modifications the generated revenue over thirty years is approximately $15,300,000. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff Consent 301 PAGE 2 OF 3 - February 08, 2016 is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Subject to the City Manager and City Attorney finalizing the agreements with the tower companies, staff recommends that the City Commission authorize the City Attorney to prepare and the City Manager to execute any and all applicable documents required to facilitate the proposed contract amendments with/between New Cingular Wireless PCS, LLC, T- Mobile USA Tower LLC and their representatives. ATTACHMENTS: Amendment One (draft) Amendment Two (draft) Government Entity Tower License Agreement (draft) Consent 301 PAGE 3 OF 3 - February 08, 2016 Amftam4tt :I_ FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ( "First Amendment ") is made effective this day of , 2016, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City"), with a mailing address of 1126 E. State Road 434, Winter Springs, Florida 32708, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, and the successor by merger with BellSouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, for itself and as general partner of Bellsouth Carolinas PCS, L.P., a Delaware limited partnership ("Tenant'), with a mailing address of New Cingular Wireless PCS, LLC, Suite 13 -F West Tower, 575 Morosgo Drive, Atlanta, Georgia 30324. WHEREAS, City and Bellsouth Mobility LLC, a Georgia limited liability company ( "Bellsouth "), entered into that certain Lease Agreement dated November 7, 2000 (as amended and assigned, the "Lease Agreement "), whereby City leased to Bellsouth an approximately 10,000 square feet portion of that property (said leased portion being the "Lease Property") located at 411 Shore Road (Tax Parcel # 26- 20- 30- SAR -OD00- 1010), Winter Springs, Seminole County, Florida, which property is described in Book 1955, Page 522 in the Seminole County Clerk's Office ( "Clerk's Office "), together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Lease Agreement. The Lease Agreement is evidenced by, and the Lease Property is described in, that Short Form Lease Agreement dated November 7, 2000, and recorded on January 17, 2001, in Book 3991, Page 993 of the Clerk's Office, which was replaced by that Short Form Lease Agreement dated September 18, 2002, and recorded on October 15, 2002, in Book 4560, Page 375 in the Clerk's Office ( "Memorandum "); and WHEREAS, Tenant is the successor -in- interest in the Lease Agreement to Bellsouth; and WHEREAS, the Lease Agreement has an original term, including all extension terms, that will expire on November 6, 2020 ( "Original Term "), and City and Tenant now desire to amend the terms of the Lease Agreement to provide for additional extension terms beyond the Original Terns, and to make other changes. NOW THEREFORE, in exchange for the mutual promises contained herein, City and Tenant agree to amend the Lease Agreement as follows: 1. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Lease Agreement. The recitals in this First Amendment are incorporated herein by this reference. 2. Section 3 of the Lease Agreement is amended by replacing "three (3)" with "nine (9) ", thereby adding six (6) additional five (5) -year extension terms to the Lease Agreement beyond the Original Term, and extending its total term to November 6, 2050, unless sooner terminated as provided in the Lease Agreement. Site Narne: FL Lake Street BSI 802222 Crown BU: 802222 Cingular Site: 10020262 PPAB 258502V I 3. Section 15 of the Lease Agreement is amended by deleting Tenant's notice addresses in their entirety and replacing them with the following: Tenant: AT &T Network Real Estate Administration Re. 10020262 Suite 13 -F West Tower 575 Morosgo Drive Atlanta, Georgia 30324 With a copy to: AT &T Legal Department- Network Attn: Network Counsel Re: 10020262 208 S. Akard Street Dallas, Texas, 75202 -4206 With a copy to: Crown Castle South LLC c/o Crown Castle USA Inc. E. Blake Hawk, General Counsel Attn: Legal -Real Estate Department 2000 Corporate Drive Canonsburg, Pennsylvania 15317 -8564 4. A new Section 35 is added to the Agreement as follows: 35. Right of First Refusal. If the City receives a bona -fide, written offer from any person or entity that owns towers or other wireless telecommunications facilities (or is in the business of acquiring City's interest in this Lease Agreement) to purchase fee title, an easement, a lease, a license, or any other interest in the Lease Property, or City's interest in this Lease Agreement, or an option for any of the foregoing, and the City is seriously considering accepting the written offer, the City shall provide written notice to Tenant of said written offer, and Tenant shall have a right of first refusal to acquire such interest on the same terms and conditions expressly stated in the offer, excluding any terms or conditions which are (i) not imposed in good faith or (ii) directly or indirectly designed to defeat or undermine Tenant's possessory or economic interest in the Lease Property. City's notice shall include the prospective buyer's name, the purchase price and/or other consideration being offered, the other terms and conditions of the offer, the due diligence period, and the proposed closing date. If the City's notice shall provide for a due diligence period of less than sixty (60) days, then the due diligence period shall be extended to be sixty (60) days from exercise of the right of first refusal and closing shall occur no earlier than fifteen (15) days thereafter. If Tenant does not exercise its right of first refusal by written notice to City given within thirty (30) days of receipt of the aforesaid notice, City may convey the property as described in the Site Name: FL Lake Street BSI 802222 Crown BU: 802222 Cingular Site: 10020262 2 PPAB 2-583502V 1 City's notice. If Tenant declines to exercise its right of first refusal, then this Lease Agreement shall continue in full force and effect and Tenant's right of first refusal shall survive any such conveyance. Tenant shall have the right to assign the right of first refusal to any person or entity as part of an assignment of this Lease Agreement. Notwithstanding the aforesaid, this right of first refusal is not intended to apply to any other kind of similar written offer received by the City from any other person or entity not described above, or any other written offer to acquire the Lease Property and/or the parent, surrounding property owned by the City on which the Lease Property lies within. S. A new Section 36 is added to the Agreement as follows: 36. Management of Second Position on the Tower. Upon request by the City, Tenant may solicit offers from wireless telecommunication providers to collocate an antennae on the City's reserved space located second from the top in accordance with the requirements set forth in Section 4(b) of this Agreement. If Tenant is successful in obtaining a telecommunication provider to collocate on such space, and the financial rental terms of the collocation are acceptable to the City, the City agrees to split the rent collected from such provider with the Tenant, as follows: the City shall receive seventy percent (70 %) of the rental proceeds and Tenant shall receive thirty (30 %) of the rental proceeds. However, the aforesaid split does not apply to any additional rent required by the City for any additional land that may be necessary to support equipment and other appurtenances. The City will receive one hundred percent 0 00 %) of such additional rent. 6. A new Section 37 is added to the Agreement as follows: 37. Emergency Management Antennae. In addition to the four other collocations referenced in this Agreement, Tenant will allow the City to install a small radio antennae on the tower for emergency management purposes. The location of the antennae shall be subject to the approval of the Tenant and treasonable terms and conditions set forth in a separate consent agreement between the Tenant and City. Tenant's approval shall not be unreasonably withheld. 7. Representations, Warranties and Covenants of City. City represents, warrants and covenants to Tenant as follows: (a) City is duly authorized to and has the full power and authority to enter into this First Amendment and to performs all of City's obligations under the Lease Agreement as amended hereby. Site Name: FL Lake Street BSI 802222 Crown BU: 802222 Cingular Site: 10020262 3 PPAB 2583502V 1 (b) Except as expressly identified in this First Amendment, City owns the Lease Property free and clear of any mortgage, deed of trust, or other lien secured by any legal or beneficial interest in the Lease Property, or any right of any individual, entity or governmental authority arising under an option, right of first refusal, lease, license, easement or other instrument other than any rights of Tenant arising under the Lease Agreement as amended hereby and the rights of utility providers under recorded easements. (c) Upon Tenant's request, City shall discharge and cause to be released (or, if approved by Tenant, subordinated to Tenant's rights under the Lease Agreement as amended hereby) any mortgage, deed of trust, lien or other encumbrance that may now or hereafter exist against the Lease Property. (d) Upon Tenant's request, City shall cure any defect in City's title to the Lease Property which in the reasonable opinion of Tenant has or may have an adverse effect on Tenant's use or possession of the Lease Property. (e) Tenant is not currently in default under the Lease Agreement, and to City's knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Lease Agreement. (f) City agrees to execute and deliver such further documents and provide such further assurances as may be requested by Tenant to effect any release or cure referred to in this paragraph, calxy out and evidence the full intent and purpose of the parties under the Lease Agreement as amended hereby, and ensure Tenant's continuous and uninterrupted use, possession and quiet enjoyment of the Lease Property under the Lease Agreement as amended hereby. 8. IRS Form W -9. City agrees to provide Tenant with a completed IRS Form W -9, or its equivalent, upon execution of this First Amendment and at such other times as may be reasonably requested by Tenant. In the event the Lease Property is transferred, the succeeding landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W -9, or its equivalent, and other related paper work to effect a transfer in rent to the new landlord. City's failure to provide the IRS Form W -9 within thirty (30) days after Tenant's request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 9. In all other respects, the remainder of the Lease Agreement shall remain in full force and effect. Any portion of the Lease Agreement that is inconsistent with this First Amendment is hereby amended to be consistent with this First Amendment. This instrument may be executed in any number of counterparts, each of which shall be deemed an original and which together shall constitute one and the same instrument. Site Name: FL Lake Street BSI 802222 Crown BU: 842222 Cingular Site: 10020252 4 PPAB 2583502V1 IN WITNESS 'WHEREOF, City and Tenant have signed this instrument under seal and have caused this First Amendment to be duly executed on the day and year first written above. CITY: CITY OF WINTER SPRINGS, a Florida municipal corporation By: Print Name. Title: Site Name. FL Lake Street BSI 802222 Crown BU: 802222 Cingiilar Site: 10020262 PPAB 2583502V 1 SEAL) IN WITNESS WHEREOF, City and Tenant have signed this instrument under seal and have caused this First Amendment to be duly executed on the day and year first written above. TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT &T Mobility Corporation, a Delaware corporation Its: Manager By: (SEAL) Nellie .Iabbari Area Manager Real Estate Transactions Site Name: FL Lake Street BSI 802222 Crown BU: 802222 Cingular Site: 10020252 5 PPAB 2583502 V 1 Prepared out of State. Return to: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Tax Parcel 4 26- 20- 30- 5AR -ODOO -1010 Cross index with Book 4560, Page 375 MEMORANDUM OF FIRST AMENDMENT TO LEASE AGREEMENT THIS MEMORANDUM OF FIRST AMENDMENT TO LEASE AGREEMENT ( "Amended Memorandum ") is made effective this day of , 2014, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ( "City "), with a mailing address of 1126 E. State Road 434, Winter Springs, Florida 32708, and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, and the successor by merger with BellSouth Personal Communications LLC, a Delaware limited liability company, dated December 31, 2004, for itself and as general partner of Bellsouth Carolinas PCS, L.P., a Delaware limited partnership ( "Tenant "), with a mailing address of New Cingular Wireless PCS, LLC, Suite 13 -F West Tower, 575 Morosgo Drive, Atlanta, Georgia 30324. WHEREAS, City and Bellsouth Mobility LLC, a Georgia limited liability company ("Bellsouth'), entered into that certain Lease Agreement dated November 7, 2000 (as amended and assigned, the "Lease Agreement "), whereby City leased to Bellsouth an approximately 10,000 square feet portion of that property (said leased portion being the "Lease Property") located at 411 Shore Road (Tax Parcel # 26- 20 -30- 5AR -OD00- 1010), Winter Springs, Seminole County, Florida, which property is described in Book 1955, Page 522 in the Seminole County Clerk's Office ( "CIerk's Office "), together with those certain access, utility and/or maintenance easements and /or rights of way granted in the Lease Agreement. The Lease Agreement is evidenced by, and the Lease Property is described in, that Short Form Lease Agreement dated November 7, 2000, and recorded on January 17, 2001, in Book 3991, Page 993 of the Clerk's Site Name: FL bake Street BSI 802222 Crown BU: 802222 Cingular Site: 10020262 PPAB 25835 02'V 1 Office, which was replaced by that Short Form Lease Agreement dated September 18, 2002, and recorded on October 15, 2002, in Book 4560, Page 375 in the Clerk's office ( "Memorandum "); and WHEREAS, Tenant is the successor -in- interest in the Lease Agreement to Bellsouth; and WHEREAS, the Lease Agreement has an original term, including all extension terms, that will expire on November 6, 2020 ("Original Term "), and City and Tenant now desire to amend the terms of the Lease Agreement to provide for additional extension terms beyond the Original Term, and to make other changes; and WHEREAS, City and Tenant made and entered into a First Amendment to Lease Agreement of even date herewith ( "First Amendment ") and pursuant to the terms of, and for that consideration recited in, the First Amendment, the parties wish to hereby amend certain provisions of the Lease Agreement, and provide this Amended Memorandum as notice thereof, as follows: 1. City does hereby lease unto Tenant, its successors and assigns, the Lease Property for six (6) additional five (5) -year extension terms beyond the Original Term, such that the Original Term and all extension terms of the Lease Agreement may last for a term: of fifty (50) years, expiring on November 6, 2050, unless sooner terminated as provided in the Lease Agreement. 2. The Lease Property is described as an approximate 10,000 square feet portion of real property (said leased portion being the "Lease Property ") located at 411 Shore Road (Tax Parcel # 26- 24.30- 5AR -OD00- 1010), Winter Springs, Seminole County, Florida, which property is described in Book 1955, Page 522 in the Seminole County Clerk's Office. 3. This Amended Memorandum contains only selected provisions of the First Amendment, and reference is made to the full text of the Lease Agreement and the First Amendment for their full terms and conditions, which are incorporated herein by this reference. Except as otherwise provided in the First Amendment and this Amended Memorandum, the terms and conditions of the Lease Agreement remain in full force and effect. This instrument may be executed in any number of counterparts, each of which shall be deemed an original and which together shall constitute one and the same instrument. Site Name: FL Lake Street BSI 802222 Crown BU: 802222 Cingular Site: 1 0020262 PPA13 2583502V I IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written. Signed, sealed and delivery in the presence of: Print Name: Print Name: STATE OF SS: COUNTY OF CITY: CITY OF WINTER SPRINGS, a Florida municipal corporation Hy: (SEAL) Print Name: Title: The foregoing Memorandum of First Amendment to Lease Agreement was signed, sealed, delivered, and acknowledged before me this day of 12014, by - ^ a (Title), of the City of Winter Springs, a Florida municipal corporation, for and on behalf of the corporation who [ ] is personally known to me or who ] produced a as identification- (Seal) Notary Public Print Name: My Commission Expires: Site Name: FL Lake Street BSI 802222 Crown BU: 802222 Cingular Site: 10020252 PPAB 2583502V i IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and have executed this Amended Memorandum as of the date first above written, Signed, sealed and delivery in the presence of Print Name: Print Name: STATE OF SS: COUNTY OF 1 TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT &T Mobility Corporation, a Delaware corporation Its: Manager By: (SEAL) Nellie Jabbari Area Manager heal Estate Transactions The foregoing Memorandum of First Amendment to Lease Agreement was signed, sealed, delivered, and acknowledged before me this day of 2014 by Nellie _Jabbari. Area Manager Real Estate Transactions of AT &T Mobility Corporation, a Delaware corporation, as Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, for and on behalf of the corporation who [ j is personally known to me or who[ ] produced a as identification. (Seal) Notary Public Print Name: My Commission Expires: Site Name: FL Lake Street BSI 802222 Crown BU: 802222 Cingular Site: 10020262 4 PPAB 2583502V SECOND AMENDMENT TO SITE AGREEMENT FOR LAND (BU 825280) THIS SECOND AMENDMENT TO SITE AGREEMENT FOR LAND ( "Second Amendment ") is made effective this day of , 2016, by and between CITY OF WINTER SPRINGS, a Florida incorporated municipality ( "Owner'), and T- MOBILE USA TOWER LLC, a Delaware limited liability company ( "Tenant "), by and through CCTMO LLC, a Delaware limited liability company, its Attorney -in -Fact. WHEREAS, Owner and VoiceStream Tampa/Orlando, Inc., successor by name change to APT Tampa/Orlando, Inc. ( "VoiceStream "), entered into a Site Agreement for Land dated December 12, 1997 (as amended and assigned, the "Agreement "), whereby Owner leased to VoiceStream a portion of land being described as a 2,500 square feet portion of that property (said Ieased portion being the "Premises ") located at 1126 East S.R. 434 (Tax Parcel #26-20-30 - 5AR -OB00- 0270), Winter Springs, Seminole County, State of Florida, and being further described in Book 1557, Page 566 in the Seminole County Clerk's Office ( "Clerk's Office "), together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Agreement. Notice of the Agreement is provided by, and the Premises is described in that certain Memorandum of Site Agreement for Land/Lease ( "Memorandum "), recorded on May 5, 1998, in Book 3418, Page 409 in the Clerk's Office; and WHEREAS, Owner and VoiceStream entered into an Amendment No. 1 to Site Agreement for Land dated March 12, 2001 ( "First Amendment "), which increased the size of the Premises to 3,500 square feet; and WHEREAS, Tenant is the successor in interest to VoiceStream; and WHEREAS, the Agreement has an original term, including all Renewal Terms (as defined in the Agreement), that will expire on December 31, 2022 ( "Original Term "), and Owner and Tenant now desire to amend the terms of the Agreement to provide for additional Renewal Terms beyond the Original Term, and to make other changes. NOW THEREFORE, in exchange for the mutual promises contained herein, Owner and Tenant agree to amend the Agreement as follows: 1. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. The recitals in this Second Amendment are incorporated herein by this reference. "APT" shall be replaced throughout the Agreement with "Tenant ". 2. Section 3 of the Agreement is amended by replacing "Four (4) successive" with "Ten (10) successive ", thereby adding six (6) additional five (5) -year Renewal Terms to the Agreement beyond the Original Term, and extending its total term to December 31, 2052, unless sooner terminated as provided in the Agreement. 3. Section 4B of the Agreement is amended by adding the following the end of the section: Site Name: Lake Jessup (VS) BU: 825280 PPAB 2583159v1 Notwithstanding, and in lieu of the foregoing Rent escalations, commencing on January 1, 2023, and every year thereafter (each an "Adjustment Date"), the annual Rent shall increase by an amount equal to five percent (5 %) of the annual Rent in effect for the year immediately preceding the Adjustment Date. 4. Section 151 of the Agreement, as same was amended in the First Amendment, is amended by supplementing Tenant's notice addresses by adding the following thereto: With a copy to: T- Mobile USA Tower LLC, c/o Crown Castle USA Inc. E. Blake Hawk, General Counsel Attn: Legal -Real Estate Department 2000 Corporate Drive Canonsburg, Pennsylvania 15317 -8564 5. The Agreement is amended by adding a new Section 16 to the end of the Agreement stating the following: 16. RIGHT OF FIRST REFUSAL. If the City receives a bona -fide, written offer from any person or entity that owns towers or other wireless telecommunications facilities (or is in the business of acquiring City's interest in this Agreement) to purchase fee title, an easement, a lease, a license, or any other interest in the Premises, or City's interest in this Agreement, or an option for any of the foregoing, and the City is seriously considering accepting the written offer, the City shall provide written notice to Tenant of said written offer, and Tenant shall have a right of first refusal to acquire such interest on the same terms and conditions expressly stated in the offer, excluding any terms or conditions which are (i) not imposed in good faith or (ii) directly or indirectly designed to defeat or undermine Tenant's possessory or economic interest in the Premises. City's notice shall include the prospective buyer's name, the purchase price and/or other consideration being offered, the other terms and conditions of the offer, the due diligence period, and the proposed closing date. If the City's notice shall provide for a due diligence period of less than sixty (60) days, then the due diligence period shall be extended to be sixty (60) days from exercise of the right of first refusal and closing shall occur no earlier than fifteen (15) days thereafter. If Tenant does not exercise its right of first refusal by written notice to City given within thirty (30) days of receipt of the aforesaid notice, City may convey the property as described in the City's notice. If Tenant declines to exercise its right of first refusal, then this Agreement shall continue in full force and effect and Tenant's right of first refusal shall survive any such conveyance. Tenant shall have the right to assign the right of first refusal to any person or entity as part of an assignment of this Agreement. Notwithstanding the aforesaid, this right of first refusal is not intended to apply to any other kind of similar written offer received by the City from any other person or entity not described above, or any other written offer to acquire the Premises Site Name; Lake Jessup (VS) BU: 825280 PPAB 2583 ] 59v] and /or the parent, surrounding property owned by the City (currently used as City Hall) on which the Premises lies within. 6. Representations, Warranties and Covenants of Owner. Owner represents, warrants and covenants to Tenant as follows: (a) Owner is duly authorized to and has the full power and authority to enter into this Second Amendment and to performs all of Owner's obligations under the Agreement as amended hereby. (b) Except as expressly identified in this Second Amendment, Owner owns the Premises free and clear of any mortgage, deed of trust, or other lien secured by any legal or beneficial interest in the Premises, or any right of any individual, entity or governmental authority arising under an option, right of first refusal, lease, license, easement or other instrument other than any rights of Tenant arising under the Agreement as amended hereby and the rights of utility providers under recorded easements. (c) Upon Tenant's request, Owner shall discharge and cause to be released (or, if approved by Tenant, subordinated to Tenant's rights under the Agreement as amended hereby) any mortgage, deed of trust, lien or other encumbrance that may now or hereafter exist against the Premises. (d) Upon Tenant's request, Owner shall cure any defect in Owner's title to the Premises which in the reasonable opinion of Tenant has or may have an adverse effect on Tenant's use or possession of the Premises. (e) Tenant is not currently in default under the Agreement, and to Owner's knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Agreement. (f) Owner agrees to execute and deliver such further documents and provide such further assurances as may be requested by Tenant to effect any release or cure referred to in this paragraph, carry out and evidence the full intent and purpose of the parties under the Agreement as amended hereby, and ensure Tenant's continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Agreement as amended hereby. 6. IRS Form W -9. Owner agrees to provide Tenant with a completed IRS Form W- 9, or its equivalent, upon execution of this Second Amendment and at such other times as may be reasonably requested by Tenant. In the event the Premises is transferred, the succeeding Owner shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W -9, or its equivalent, and other related paper work to effect a transfer in rent to the new Owner. Owner's failure to provide the IRS Form W -9 within thirty (30) days after Tenant's request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 7. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Second Amendment is hereby Site Name: take Jessup (VS) BU: 825280 .3 - PPAB 25831590 amended to he consistent with this Second Amendment. This instrument may be executed in any number of counterparts, each of which shall be deemed are original and which together shall constitute one and the same instrument. Site Name: bake Jessup (Vs) BU: 825280 -4- PPAB 2583159vi IN WITNESS WHEREOF, Owner and Tenant have signed this instrument under seal, and have caused this Second Amendment to be duly executed on the day and year first written above. OWNER: CITY OF WINTER SPRINGS, a Florida incorporated municipality By. Print Name: Title: Site Name: Lake Jessup (VS) BU: 825280 PPAB 2583159v] (SEAL) IN WITNESS WHEREOF, Owner and Tenant have signed this instrument under seal, and have caused this Second Amendment to be duly executed on the day and year first written above. TENANT: T- MOBILE USA TOWER LLC, a Delaware limited liability company, By: CCTMO LLC, a Delaware limited liability company, its Attorney -in -Fact By: Print Name: Title: Site Name: Lake Jessup (VS) BU: 825280 _ 6 _ PPAB 2583159vl (SEAL) Prepared out of State. Return to: Crown Castle I220 Au sta Suite 500 Houston, Texas 77057 Cross Index with Book 3418, Page 409 Tax Map #: 26- 20- 30- SAR -OBOO -0270 MEMORANDUM OF SECOND AMENDMENT TO SITE AGREEMENT FOR LAND THIS MEMORANDUM OF SECOND AMENDMENT TO SITE AGREEMENT FOR LAND ( "Amended Memorandum ") is made effective this day of 2014, by and between CITY OF WINTER SPRINGS, a Florida incorporated municipality ("Owner'), with a mailing address of 1126 East S.R. 434, Winter Springs, FL 32708, and T- MOBILE USA TOWER LLC, a Delaware limited liability company ("Tenant'), by and through CCTMO LLC, a Delaware limited liability company, its Attorney -in -Fact, with a mailing address of c/o Crown Castle USA Inc. 2000 Corporate Drive, Canonsburg, Pennsylvania 15317- 8564. WHEREAS, Owner and VoiceStream Tampa/Orlando, Inc., successor by name change to APT Tampa/Orlando, Inc. ( "VoiceStream "), entered into a Site Agreement for Land dated December 12, 1997 (as amended and assigned, the "Agreement"), whereby Owner leased to VoiceStream a portion of land being described as a 2,500 square feet portion of that property (said leased portion being the "Premises ") located at 1126 East S.R. 434 (Tax Parcel #26-20-30 - 5AR-OBOO- 0270), Winter Springs, Seminole County, State of Florida, and being further described in Book 1557, Page 566 in the Seminole County Clerk's Office ("Clerk's Office "), together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Agreement. Notice of the Agreement is provided by, and the Premises is described in that certain Memorandum of Site Agreement for Land /Lease ( "Memorandum"), recorded on May 5, 1998, in Book 3418, Page 409 in the Clerk's Office; and Site Name: Lake Jessup (VS) BU: 825280 _ 1 PPAB 2583159v1 WHEREAS, Owner and VoiceStream entered into an Amendment No. I to Site Agreement for Land dated March 12, 2001 ( "First Amendment ''), which increased the size of the Premises to 3,500 square feet; and WHEREAS, Tenant is the successor in interest to VoiceStream; and WHEREAS, the Agreement has an original term, including all Renewal Terms (as defined in the Agreement), that will expire on December 31, 2022 ("Original Term "), and Owner and Tenant now desire to amend the terms of the Agreement to provide for additional Renewal Terms beyond the Original Term, and to make other changes; and WHEREAS, Owner and Tenant made and entered into a Second Amendment to Site Agreement for Land of even date herewith ( "Second Amendment ") and pursuant to the terms of, and for that consideration recited in, the Second Amendment, the parties wish to hereby amend certain provisions of the Agreement, and provide this Amended Memorandum as notice thereof, as follows: I. Owner does hereby Iease unto Tenant, its successors and assigns, the Premises for six (6) additional five (5) year Renewal Terms beyond the Original Term, such that the Original Term and all Renewal Terms of the Agreement may last for a term of approximately fifty (50) years, expiring on December 31, 2052, unless sooner terminated as provided in the Agreement. 2. The Premises is described as that 3,500 square feet portion of that property located at 1I26 East S.R. 434 (Tax Parcel #26- 20- 30- SAR -OBOO- 0270), Winter Springs, Seminole County, State of Florida, which parent parcel is described in Book 1557, Page 566 in Clerk's Office. Exhibit A attached to the Memorandum is supplemented by Exhibit A attached hereto, showing the additional 1,000 square feet added to the Premises pursuant to the First Amendment. 3. This Amended Memorandum contains only selected provisions of the Second Amendment, and reference is made to the full text of the Agreement and the Second Amendment for their full terms and conditions, which are incorporated herein by this reference. Except as otherwise provided in the Second Amendment and this Amended Memorandum, the terms and conditions of the Agreement remain in full force and effect. This instrument may be executed in any number of counterparts, each of which shall be deemed an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Owner and Tenant have signed this instrument under seal, and have caused this Amended Memorandum to be duly executed on the day and year first written above. Signed, sealed and delivery in the presence of Site Name: Lake Jessup (VS) BU: 825280 -2. PPAB 2583159v1 OWNER: CITY OF WINTER SPRINGS, a Florida municipal corporation Print Name: Print Name: STATE OF COUNTY OF By: Print Name: Title: (SEAL) The foregoing Memorandum of Second Amendment to Site Agreement for Land was signed, sealed, delivered, and acknowledged before me this day of 12014, by (Title), of the City of Winter Springs, a Florida municipal corporation, for and on behalf of the corporation who [ ] is personally known to me or who [ ] produced a as identification. (Seal) Notary Public Print Name: My Commission Expires: Site Name: Lake Jessup (VS) BU: 825280 -3- PTAB 2583159v1 IN WITNESS WHEREOF, Owner and Tenant have signed this instrument under sea], and have caused this Amended Memorandum to be duly executed on the day and year first written above. TENANT: T- MOBILE USA TOWER LLC, a Delaware limited liability company, By: CCTMO LLC, a Delaware limited liability company, its Attorney -in -Fact By: (SEAL) Print Name: Title: STATE OF COUNTY OF The foregoing Memorandum of Second Amendment to Site Agreement for Land was acknowledged before me this day of 2014 by as the of CCTMO LLC, a Delaware limited liability company, as the Attorney in -Fact of T- MOBILE USA TOWER LLC, a Delaware limited liability company, for and on behalf of the company who [ ] is personally known to me or who [ ] produced a as identification. (Seal) Notary Public Print Name: My Commission Expires: Site Name: Lake Jessup (VS) BU: 825280 -4- PPAB 25831590 EXHIBIT A SA7[7 1 -- 24F itCP �— AStN \♦ RETCHnON P" {fl a ', ♦\ �, x� ........,... . _' —TOE OF SLUFF .. —Y 11 ytib AREA 9;Wm F FEET OR 0.057 ACRE& %b $A 7TpW } w tis u�euc .ys iO � ------ R4.OQ• .n S7110115C m m O` 7 f�7b r pRfFABRiCAiEO t5'oyy td *�yb xa� PORKER +...rww M / kn e � �� • R�M..I�i.4 �+-Y� la Site Name: Lake Jessup (VS) BU: 825280 PPAB 2583159vi �y i♦a .d +,ar IEfEr� 7n sK ,r+iw � 0 t,.' b Uw" Pat - txa+rcta'iwt row Uma PM rtai 7 f�7b r pRfFABRiCAiEO t5'oyy td *�yb xa� PORKER +...rww M / kn e � �� • R�M..I�i.4 �+-Y� la Site Name: Lake Jessup (VS) BU: 825280 PPAB 2583159vi �y i♦a .d +,ar IEfEr� 7n sK ,r+iw � w .a 'aka b Uw" Pat �,. o.o — uw.tY t Uma PM rtai dIe1AC i nm ougme mm fw MMIty.T —• —10 wnw ►.RC P S OM^W.MWVIf ►.eAl POwT OF wv. w rJMS n&%VA M7A*fj p T A tAtAMM'PtM1RM Rf� IMSH- GY -WI1Y N4SP "Mm A.Uftw QaDEM 5tlnlrJ[ C.7W Sm PLM1 - /V l Eam �•�G?M5� atc n 2m CROWN v CASTLE Customer Site Name: NIA Crown Site Name: FL h*1tE1TFWEf BSI 802222 Customer Site No.: NIA JDE Business Unit: 802222 License Identifier: 479987 GOVERNME ENTITY TOWER LICEN EMENT (for co- location by landlord with no Basic Payments due to Licensor) THIS GOVERNMENT ENTITY TOWER LICENSE AGREEMENT (this "Agreement ") is entered into as of this day of _ (the "Effective Date ") between Crown Castle South LLC, a Delaware limited liability company , with a place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 ( "Licensor "), and City of Winter Springs, a Florida municipal corporation, with its principal office at 1126 East State Road 434, Winter Springs, Seminole County, FL 32708 ("Licensee "). In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows: 1. DEFINITIONS The following terms as used in this Agreement are defined as follows: "Acquiring Party" Any person acquiring title to Licenser's interest in the real property of which the Site forms a part through a Conveyance, "AM Detuning Study" A study to determine whether measures must be taken to avoid disturbance of an AM radio station signal pattern, as described in Section 2.3 below. "Closeout Documentation" As -built drawings and other installation documentation required by Licensor, as described in Section 2.6 below. "Conveyance" Including, without limitation, any exercise by a Lender of its rights under the Security instrument, including a foreclosure, sheriffs or trustee's sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Site and any other transfer, sale or conveyance of the Licensor's interest in the property of which the Site forms a part under peril of foreclosure or similar remedy, including, without limitation to the generality of the foregoing, an assignment or sale in lieu of foreclosure or similar remedy. " Equipment" Licensee's communications equipment including, but not limited to Licensee's antennas, cables, connectors, wires, radios, radio shelter or cabinet, and related transmission and reception hardware and software, and other personal property. "Event of Default" As described in Article 13 below, any material breach of this Agreement for which no cure period applies, or any other breach of this Agreement that is not cured within the applicable cure period stipulated herein. "FCC" The Federal Communications Commission. Prepared by: S. 'Taylor Prepared on: October 14, 2015 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21-07 :r= Customer Site Name: N/A Crown Site Name: PttAIM STREET B81 80" Customer Site Number: N/A JDE Business Unit: 802222 License Identifier: 479987 "Government Entity" Any federal, state or local governmental unit or agency thereof with jurisdiction applicable to the Site. "Intermodulation Study" A study to determine whether an RF interference problem may arise, as described in Section 2.3 below. "Intermodulation Study Fee" The fee payable by Licensee to Licensor to defray Licensor's costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject Intermodulation Study. "Lender" Any and all lenders, creditors, indenture trustees and similar parties. "Licensed Space" That portion of the Site which is licensed to Licensee hereunder. "Licensee" The party named as "Licensee" in the first paragraph hereof and its successors in interest. "Licensor" The party named as "Licensor" in the first paragraph hereof and its successors in interest. "Modification" (i) Any modification to the Equipment as specified herein or an approved Site Engineering Application; (ii) any alterations in the frequency ranges or FCC licensed allocation or power levels specified in the approved Site Engineering Application; (iii) any change in Licensee's technology protocol (e.g., GSM, CDMA, TDMA, DEN, etc.); (iv) any addition of Equipment or occupation of additional space, or relocation of Equipment on the tower or on the ground, or relocation of ground space or equipment shelter space; or (v) any repair to the Equipment that affects tower loading capacity. "Modification Application Fee" The fee payable by Licensee to Licensor in the amount of Zero and 00 /100 Dollars ($0.00) to defray Licenser's costs incurred in evaluating a Site Engineering Application. "Prime Lease" The lease(s), sublease(s) or other prior agreements) or instrument(s) (e.g., deed) from which Licensor derives its rights in the Site and/or which contain(s) restrictions on use of the Site, as described in Article 18 below. "RF" Radio frequency. "Security Instrument" Any and all mortgages, deeds of trust or other deeds, and any similar security agreements that encumber the Site to secure the debt of Licensor. "Site" The property referred to in Section 2.1 below, which is owned, leased, or otherwise controlled by Licensor and which contains the Licensed Space. "Site Application Fee" The fee paid by Licensee to Licensor to evaluate a Site Engineering Application to determine whether the tower and Site have sufficient capacity to accommodate the Equipment. "Site Engineering Application" The application form (as may be amended by Licensor from time to time), which shall be submitted to Licensor by Licensee when Licensee desires to apply Prepared by: S. Taylor Prepared on: October 14, 2015 2 Revisers on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21 -07 --om Customer Site Name: NIA Crown Site Name: Fm Customer Site Number: N/A JDE Business Unit: 802222 License Identifier: 479987 for a license to install or make a Modification to Equipment. The approved Site Engineering Application is attached to, and incorporated into, this Agreement as part of Exhibit B. "Site Plan" The site plan referred to in Section 2.2 below, a ropy of which is attached hereto as Exhibit C. "Site Rules" The "Site Rules ", or its successor, issued by Licensor from time to time, as described in Section 2.2 below. "Structural Analysis" An engineering analysis performed to determine whether the physical and structural capacity of the tower are sufficient to accommodate the proposed Equipment, which analysis takes into consideration factors such as weight, wind loading and physical space requirements. "Structural Analysis Fee" The fee payable by Licensee to Licensor in the amount of Two Thousand Five Hundred and 00 /100 Dollars ($2,500.00) to defray Licensor's costs incurred with respect to its performance of a Structural Analysis. "Subsequent Use" Any installation or modification to Licensor's or another user's equipment subsequent to the installation or modification of the Equipment as described in Section 6.1 below, "Term" The term of this Agreement, as set forth in Article 4 below. "Term Commencement Date" Immediately upon full execution of this Agreement. "Tower Level Drawing" The tower level drawing referred to in Section 2.2 below, a copy of which is attached hereto as part of Exhibit B. "Work" The installation of Equipment or construction of an approved Modification to Equipment at the Site, as set forth in Section 2.5 below. 2. SITE LIC NSE E NT LI NSED MACE, APIELLVAIJON FORM DIFICATIONS CONDITIONS PRECEDENT trlk�5 t G;�, orc 2.1 The Site. The Site consists of that certain parcel of property, located in the the County of Waahipg*n, and the State of Florida, which is described in Exhibit A hereto. 2.2 License to Install, Operate and Maintain the Equipment. Licensor hereby grants a license to Licensee to install, operate and maintain the Equipment at the Site within the Licensed Space, as such Equipment and Licensed Space is described in, and subject to, the approved Site Engineering Application and Tower Level Drawing attached hereto as Exhibit B and as shown in the Site Plan attached hereto as Exhibit C. Such license is subject to the Site Rules and is restricted exclusively to the installation, operation and maintenance of antennas and equipment consistent with the specifications and in the locations identified in Exhibit B and Exhibit C. If Licensee fails to install the total number of permitted antennas and transmission lines as described in Exhibit B and Exhibit C within one hundred eighty (180) days of commencement of its initial installation of Equipment, the right to install any such antennas and lines not installed shall be deemed waived. No capacity or rights will be reserved for future installation of such Equipment after such one hundred eighty (180) day period. 23 Application for Modifications. Licensee shall apply to make Modifications by submitting a Site Engineering Application to Licensor together with payment of the Modification Application Fee, A Structural Prepared by: S. Taylor Prepared on: October 14, 2015 3 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21 -07 .fl Customer Site Nance: NIA Crown Site Name: l Customer Site Number: NIA JD)E Business Unit: 902222 License Identifier: 479987 Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in connection with a proposed Modification, and Licensee will be liable for the cost thereof. Any approved Modification shall be evidenced by an amendment to this Agreement, and the Site Engineering Application approved by Licensor describing the Modification shall be an exhibit to said amendment. 2.4 Conditions Precedent to Installation of Equipment or Modification, Notwithstanding anything to the contrary herein, the parties agree that Licensee's right to install Equipment or make a Modification to Equipment at the Site shall not commence until the following conditions are satisfied: (i) Licensor has received any written consent required under the Prime Lease to allow Licensor to license the Licensed Space to Licensee; (ii) a Site Engineering Application has been approved by Licensor; (iii) the Site Application Fee, Structural Analysis Fee, Intermodulation Study Fee and fee for AM Detuning Study (if any) have been paid; (iv) Licensee has received all required permits (if any) for its installation of, or Modification to, the Equipment and all required regulatory or governmental approvals of Licensee's proposed use of the Site, and Licensor has received, reviewed, and accepted copies of such required permits (if any) and such required regulatory or governmental approvals; and (v) Licensor has received a waiver of any applicable rights of first refusal in and to the space or Licensed Space that Licensee identifies in the Site Engineering Application. With respect to Licensee's initial installation of Equipment at the Site, if any applicable conditions precedent are not satisfied within one hundred eighty (180) days of the date of foil execution of this Agreement, either party shall have the right to terminate this Agreement upon written notice to the other party, unless and until an applicable conditions precedent are thereafter satisfied. Upon satisfaction of all conditions precedent, Licensor shall provide written notice to Licensee to confirm said satisfaction. w; Il 2.5 Performance of Work. Licensee sway engage Licensor to install Licensee's Equipment, and to make approved Modifications to Licensee's Equipment pursuant to this Article 2 (the "Work "), upon terms mutually agreed upon by the parties in writing; prQw p�' arrn- thei�urk ,��ha11"(i3�exget;�a- a�ett�e '- ,r�.f�'l�5"� liLemser-94wee P ' Licensor shall in-neAvaAbe liable for any defect in the Work or any of the materials used, and Licensee shall rat rely on Licensoe's inspection of the Work as confirmation that no defects exist. All Work shall be perforated in accordance with the standards set forth in the Site Rules. The foregoing requirement that Licensee only engage Licensor or a vendor approved by Licensor to perform Work on the Site is a material term of this Agreement. 2.6 Closeout Documentation. In the event that Licensee engages Licensor to perform any Work for Licensee, Licensor shall provide to Licensee all Closeout Documentation within forty -five (45) days of completion of the Work, engages a vend e to r>;eat aka pnFPase•- 9f- 4efrayi - heteundef- 3. ACCESS, US 3.1 Access to Site. Licensor hereby grants to Licensee a non - exclusive license for pedestrian and vehicular ingress to and egress from the Site over the designated access area to the Site as described in Exhibit A, on a 24 hour per day, 7 day per week basis, subject, however, to any restrictions in the Prime Lease or any underlying easement, for the purposes of maintaining, operating and repairing the Equipment, together with license to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility Prepared by: S. Taylor Prepared on: October 14, 2015 4 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21-07 r- mw Customer Site Name: NIA Crown Site Name: �- Customer Site Number: NIA JDE Business Unit: 802222 License Identifier: 479987 service, including electric and telephone service, to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area. 3.2 Authorized Persons; Safety of Personnel. Licensee's right of access to the Site shall he limited to vendors approved by Licensor or persons under their direct supervision, Licensee shall not allow any person to climb a tower for or on behalf of Licensee without ensuring that such person works for a vendor approved by Licensor for the subject Work. The foregoing limitations on Site and tower access are material terms of this Agreement. 3.3 Notice to District Manager. Licensee agrees to provide Licenser's designated District Manager (or other designated person) prior notice of any access to be made by Licensee to the Site, except in the event of an emergency, in which event Licensee shall provide notice within twenty -four (24) hours following such emergency access. For the purposes hereof, an emergency shall be deemed to be a situation that reasonably appears to present an imminent risk of bodily injury or property damage. 3.4 Licensee's Use of the Site. Licensee shall use the Licensed Space at the Site to install, operate and maintain only the Equipment and shall transmit and receive only within the FCC licensed frequency ranges and at the power levels specified herein. 3.5 Permits, Authorizations and Licenses. Licensee shall be solely responsible for obtaining, at its own expense, all permits, authorizations and Iicenses associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor. 16 Zoning Approval. Licensee must provide Licensor with copies of any zoning application or amendment that Licensee submits to the applicable zoning authority in relation to its installation or modification of Equipment at the Site, at least seventy -two (72) hours prior to submission to the applicable zoning authority. Licensor- reserves the right to (i) require that it be named as co- applicant on any such zoning application or amendment and/or (ii) require revisions to any such zoning application or amendment. Licensor also reserves the right, prior to any decision by the applicable zoning authority, to approve or reject any conditions of approval, limitations or other obligations that would apply to the owner of the Site or property, or any existing or future Site licensee, as a condition of such zoning authority's approval; provided, how9y er Licensor shall not unreasonably withhold or delay approval of any such conditions of approval, limitations or other obligations. Licensee agrees that any Modification, or change in use of the Licensed Space, as approved herein, requires an amendment hereto which may entitle Licensor to compensation. Licensee shall be solely responsible for all costs and expenses associated with (i) any zoning application or amendment submitted by Licensee, (ii) making any improvements or performing any other obligations required as a condition of approval with respect to same and (iii) any other related expenses. 3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is unavailable, Licensee shall pay a share of such costs as allocated by Licensor, 4. JRM 4.1 Term of Agreement. The term of this Agreement shall commence on the Term Commencement Late and continue for a period of Five (5) year(s), ending on the day immediately prior to the Filth (5th) anniversary of the Term Commencement Date at twelve o'clock (12:00 p.m.) EST (the "Term "). 4.2 Automatic Term Renewal. The Term shall automatically extend for Five (5) renewal period(s) of Five (5) year(s) each unless either party provides written notice to the other of its election not to renew the Term, at least Thirty (30) days prior to the end of the current Term. Prepared by: S. Taylor Prepared on: October 14, 2015 5 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA Z- 21 -07 r_ = Customer Site Name: N/A Crown Site Name: 02222 Customer Site Number: N/A JDE Business Unit: 802222 License Identifier: 479987 4.3 Term Subject to Prime Lease. Notwithstanding the foregoing, if Licensoe's rights in the Site are derived from a Prime Lease, then the Term shall continue and remain in effect only as long as Licensor retains its interest under said Prime Lease. 5. PANTS 5.1 Method of Payment. All payments due hereunder shall be made by check payable to Crown Castle South LLC, PO Box 301334, Dallas, TX 75303 -1334. Licensee shall include the JDE Business Unit No. 802222 on or with each payment. 5.2 INTENTIONALLY DELETED 5.3 INTENTIONALLY DELETED 3.4 Taxes, Fees and Assessments. Licensee shall pay directly to the applicable Government Entity or to Licensor if Licensor is invoiced by such Government Entity, all taxes, fees, assessments or other charges assessed by any Government Entity against the Equipment and /or Licensee's use of the Site or the Licensed Space. Licensee shall pay to Licensor or the appropriate taxing authority, if and when due, any sales, use, ad valorem or other taxes or assessments which are assessed or due by reason of this Agreement or Licensee's use of the Site or the Licensed Space, 14 6.1 Interference to Licensee's Operations. Licensor agrees that neither Licensor nor Licensor's other users of the Site or property adjacent to the Site controlled or owned by Licensor, whose equipment is installed or modified subsequently to Licensee's Equipment ("Subsequent Use "), shall permit their equipment to interfere with Licensee's permitted transmissions or reception. In the event that Licensee experiences RF interference caused by such Subsequent Use, Licensee shall notify Licensor in writing of such RF interference and Licensor shall cause the party whose Subsequent Use is causing said RF interference to reduce power and/or cease operations in order to correct and eliminate such RF interference within seventy -two (72) hours after Licenser's receipt of such notice. In the event Licensor is notified of any RF interference experienced by Licensee alleged to be caused by a Subsequent Use, the entity responsible for the Subsequent Use shall be obligated to perform (or cause to be performed) whatever actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF interference. Licensor further agrees that any licenses or other agreements with third parties for a Subsequent Use will contain provisions that similarly require such users to correct or eliminate RF interference with Licensee's operation of its Equipment following receipt of a notice of such interference. 6.2 Interference by Licensee, Notwithstanding any prior approval by Licensor of Licensee's Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to Licensor and/or other pre - existing uses of users of the Site in excess of levels permitted by the FCC, If Licensee is notified in writing that its operations are causing such RF interference, Licensee will immediately take all necessary steps to determine the cause of and eliminate such RF interference. If the interference continues for a period in excess of seventy-two (72) hours following such notification, Licensor shall have the right to require Licensee to reduce power and/or cease operations until such time as Licensee can make repairs to the interfering Equipment. In the event that Licensee fails to promptly take such action as agreed, then Licensor shall have the right to terminate the operation of the Equipment causing such RF interference, at Licensee's cost, and without liability to Licensor for any inconvenience, disturbance, loss of business or other damage to Licensee as the result of such actions. Licensee shall indemnify and hold Licensor and its subsidiaries and affiliates harmless from all costs, expenses, damages, claims and liability that result from RF interference caused by Licensee's Equipment. Prepared by: S. Taylor Prepared on: October 14, 2015 6 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21-07 .1; Customer Site Name: NIA Crown Site Name: FL-4�A 802222 Customer Site Number: NIA JDE Business Unit: 802222 License Identifier: 479987 7. RELOCATION OF EQUIPMENT BY LICEN QR 7.1 Relocation of Equipment at Licensor's Option,. Licensor shall have the right to change the location of the Equipment (including re- location of Equipment on the tower to an elevation used by other licensees) upon sixty (60) days written notice to Licensee, provided that said change does not, when complete, materially alter the signal pattern of the Equipment existing prior to the change. Any such relocation shall be performed at Licensor's expense and with reasonably minimal disruption to Licensee's operations and shall be evidenced by an amendment to this Agreement. 7.2 INTENTIONALLY DELETED 8. Rp' EXPOSURE Licensee agrees to reduce power or suspend operation of its Equipment if necessary and upon reasonable notice to prevent exposure of workers or the public to RF radiation in excess of the then- existing regulatory standards. 9. LIENS Licensee shall keep the Licensed Space, the Site and any interest it or Licensor has therein free from any liens arising from any work performed, materials furnished or obligations incurred by or at the request of Licensee, including any mortgages or other financing obligations, and shall discharge any such lien filed, in a manner satisfactory to Licensor, within thirty (30) days after Licensee receives written notice from any patty that the lien has been filed. 10. MUTUAL INDEMNIFICATION Each party shall indemnify, defend and hold the other party, its affiliates, subsidiaries, directors, officers, employees and contractors, harmless from and against any claim, action, damages, liability, loss, cost or expense (including reasonable attorney's fees), resulting from or arising out of the indemnifying party's and/or any of its contractors', subcontraotors', servants', agents' or invitees' use or occupancy of the Site. 11. INSURANCE Licensee shall carry commercial general liability insurance on a form providing coverage at least as broad as the ISO CG 0001 10 01 policy form covering its occupancy and use of the Site. Licensee shall ensure that its policy, and that its independent contractors' policies, be endorsed to cover Licensor as an additional insured on a primary and non - contributory basis with Licensor's policies on a form that does not exclude the concurrent negligence of the additional insured. At a minimum, Licensee and all parties accessing the Site for or on behalf of Licensee (other than independent contractors of Licensee, which must provide coverage as separately specified by Licensor) shall obtain the following insurance coverage: (i) statutory workers' compensation including employer's liability with the following limits: $1,000,000 per accident; $1,000,000 disease, each employee; and $1,000,000 disease policy limit; (ii) commercial general liability covering bodily injury, death and property damage including, but not limited to, coverage for explosion, collapse and underground exposures (XCU) and products/completed operations with limits not less than $1,000,000 per occurrence, combined single limit with a $2,000,000 general policy aggregate and a separate products/completed operations aggregate of $2,000,000; (iii) automobile liability covering all owned, hired and non -owned vehicles with combined single limits not less than $1,000,000 per accident; (iv) umbrella liability insurance of $5,000,000; and (v) commercial all risk of loss fire with extended coverage insurance covering all of Licensee's equipment and improvements at the Site. The commercial general Prepared by: S. Taylor Prepared on: October 14, 2015 7 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21 -07 Jv CAME Customer Site Name: NIA Crown Site Name: 2222 Customer Site Number: NIA JDE Business Unit: 802222 License Identifier: 479987 liability limits identified above shall be increased on every tenth (1 Os') anniversary of this Agreement by twenty-five percent (25 %) over the limit of insurance for the immediately preceding ten (10) year period. All insurers will carry a minimum A.M. Best A -(FSC VIH) or equivalent rating and must be licensed to do business in the state where the Site is located. All policies required to be provided pursuant to this section shall contain a waiver of subrogation in favor of Licensor. The insurance requirements in this Agreement shall not be construed to limit or otherwise affect the liability of the Licensee. Licensee shall provide certificates of insurance evidencing said coverage to Licensor upon execution of this agreement and at least annually as the policies renew. Any failure on the part of Licensor to request the required certificates of insurance shall not in any way be construed as a waiver of any of the aforesaid insurance requirements. Licensee shall agree to provide a copy of said policies upon receipt of written request by Licensor. Licensee agrees to provide notice to Licensor within two (2) business days of receipt of any cancellation notice of any of the required insurance policies. 12. CASUALIX OR CONDE AT10N 12.1 Casualty. In the event that the Site, or any part thereof, is damaged by fire or other casualty not caused by Licensee, Licensor shall have ninety (90) days from the date of damage, if the damage is less than total destruction of the Site, in which to make repairs, and one hundred and eighty (180) days from date of destruction, if the Site (including the tower structure) is destroyed, in which to replace the destroyed portion of the Site. If Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or destruction effectively precludes Licensee's use of the Site as authorized under this Agreement, then either party may, at its option, terminate this Agreement without further liability of the parties, as of the date of partial or complete destruction. If, for any reason whatsoever, Licensee's use of the Site is interrupted due to casualty, Licensee's sole remedy shall be the aforementioned right to terminate this Agreement. Except with regard to repair of the Site as stated in this Section 12.1, Licensor shall not be responsible for any damage caused by vandalism or acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or interruption or termination of Licensee's operations caused by forces majeure or acts of God. 12.2 Condemnation. If any part of the Site shall be taken under the power of eminent domain Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law. 13. DEFAULT REMEDIES WAIVER OF CONSE UENTIAL DAMAGES Each of the following shall constitute an Event of Default hereunder: (i) Licensee's failure to pay any amount due hereunder within ten (10) days after receipt of written notice from Licensor that said payment is delinquent; (ii) Licensee's engagement of a vendor not approved by Licensor to perform Work on the Site in violation of the requirements of Section 2.5 above; (iii) Licensee's breach of this Agreement by installing Equipment or making a Modification other than as permitted hereunder as described in Section 2.7 above; (iv) Licensee's violation of the Site and/or tower access limitations in Section 32 above; (v) Licensee's failure to stop its Equipment from causing RF interference to Licensor and/or other pre - existing uses of users of the Site in violation of the requirements of Section 6.2 above; and (vi) either party's failure to cure any breach of any other covenant of such party herein within thirty (30) days after receipt of written notice from the non - breaching party of said breach, provided, however, such thirty (30) day cure period shall be extended upon the breaching party's request if deemed by the non - breaching party to be reasonably necessary to permit the breaching party to complete the cure, and further provided that the breaching patty shall commence any cure within the thirty (30) day period and thereafter continuously and diligently pursue and complete such cure. In the Event of Default by Licensee, Licensor shall have the right to terminate this Agreement as set forth in Section 19.3 below. All delinquent amounts shall bear interest at the lesser of one and one -half percent (1 '/2 %) per month, or the maximum amount permitted by law. Except as otherwise provided herein, neither party shall be liable to the other for consequential, indirect, special, punitive or exemplary damages for any cause of action whether in contract, tort or otherwise, hereunder to the extent allowed by law. Prepared by: S. Taylor Prepared on: October 14, 2015 8 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21 - 07 r_ " Customer Site Name: NIA Crown Site Name: FL LAKE STREET 1351802222 Customer Site Number: NIA JDE Business Unit: 802222 License Identifier: 479987 14. USE OF HAZARDOUS CHEMICALS Licensee must inform Licensor if it will house batteries or fuel tanks at the Site. The use of any other hazardous chemicals at the Site requires Licensor's prior written approval. Licensee agrees to provide to Licensor no later than each January 15th, an annual inventory of its hazardous chemicals at the Site. 15. GOVERNING LAW, VENUE The laws of the state where the Site is located, regardless of conflict of law principles, shall govern this Agreement, and any dispute related to this Agreement shall be resolved by arbitration or litigation in said state. 16, ASSIGNMENT, SUBLEASE SHARING This Agreement may not be sold, assigned or transferred, in whole or in part, by Licensee without the prior written approval or consent of Licensor, which consent may be withheld at Licensor's sole discretion. Any such assignment shall be evidenced by a form provided by Licensor and executed by Licensor, Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreement, either directly or through subsidiaries or affiliated entities. Licensee shall not share the use of its Equipment with any third party. Notwithstanding the foregoing, Licensee may allow other government entities, agencies and departments to benefit from the operation of the Equipment, provided that any access to the Site by such other government entities, agencies or departments is expressly prohibited and shall be deemed to be a violation of the access limitations set forth in Section 3.2 above. 17. NU, TICES All notices hereunder shall be in writing and shall be given by (i) established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices may also be given by facsimile transmission, provided the notice is concurrently given by one of the above methods. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible. The notices shall be sent to the parties at the following addresses: As to Licensee: City of Winter Spring 1126 East State Road 434 Winter Spings, FL 32708 Telephone Number: (407) 327 -5960 Facsimile Number. As to Licensor. Crown Castle South LLC 2000 Corporate Drive Canonsburg, PA 15317 Attention: Legal Department Telephone Number: (724) 416 -2000 Facsimile Number. (724)416.2353 Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party. Prepared by: S. Taylor Prepared on. October 14, 2015 9 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21 -07 :r Customer Site Name; NIA Crown Site Name: FL LAKE STREET BSI 802222 Customer Site Number, NIA JDE Business Unit: 802222 License Identifier: 479987 18. PRIME LZASE AGREEMENT Licensor and Licensee acknowledge that Licensee's use of the Site is subject and subordinate to the Prime Lease. A redacted copy of the Prime Lease is attached as Exhibit D hereto. Licensee agrees to be bound by and to perform all of the duties and responsibilities required of the lessee, grantee or licensee as set forth in the Prime Lease to the extent they are applicable to the access to and use of the Site. 19. TERMINATION 19.1 Withdrawal or Termination of Approval or Permit. In the event any previously approved zoning or other permit of a Government Entity affecting the use of the Site as a communications facility is withdrawn or terminated, this Agreement shall be deemed to have been terminated cffective as of the date of the termination of the permit or approval. 19.2 Termination of Prime Lease. In the event that the Prime Lease terminates for any reason, this Agreement shall be deemed to have terminated effective as of the date of the termination of the Prime Lease. 19.3 Termination in the Event of Default. In the Event of Default by either party (the "defaulting party "), the other party (the "non - defaulting party ") may terminate this Agreement by providing written notice of such termination to the defaulting party. Such written notice shall describe (i) the Event of Default, and (ii) in the case of breach that could have been cured in accordance with Article 13, the defaulting party's failure to cure such breach within the stipulated cure period. The non - defaulting party's right to terminate this Agreement pursuant to this Section 19.3 is in addition to any other rights and remedies provided to the non - defaulting party by law or under this Agreement. 20. NQ WAXVJER No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted. 21, NON- DISCLOSUU The parties agree that except to the extent required by law, without the express written consent of the other Party, neither party shall reveal, disclose or publish to any third party the terms of this Agreement or any portion thereof, except to such parry's auditor, accountant, lender or attorney or to a Government Entity if required by regulation, subpoena ar government order to do so. Notwithstanding the foregoing, either party may disclose the terms of this Agreement to any of its affiliated entities, and Licensor may disclose the terms of this Agreement to any of its lenders or creditors or to third parties that are existing or potential lessees or licensees of space at the Site as may be reasonably necessary with respect to the operation, leasing, licensing and marketing of the Site, including, without limitation, terms relating to Licensee's permitted frequencies for the purposes of R!` compliance tests and terms relating to Licensee's Equipment installed, or to be installed, on the tower for the purposes of structural analysis. Prepared by: S. Taylor Prepared on: October 14, 2015 10 Revised on: CROWN CASTLE STANDARD F'O&M GOVERNMENT ENTITY TLA 2..11 -07 Customer Site Name: N/A Customer Site Number: N/A Crown Site Name: FL LAKE STREET BSI 802222 JDE Business Unit: 802222 License Identifier: 479987 22. SUB RDINATION NON - DISTURBANCE ATTORNMENT 22.1 Subordination. Subject to Section 22.2, this Agreement and Licensee's rights hereunder are and will be subject and subordinate in all respects to: (i) the Security Instrument from Licensor in favor of Lender insofar as the Security Instrument affects the property of which the Site forms a part; (ii) any and all advances to be made thereunder; and (iii) any and all renewals, extensions, modifications, consolidations and replacements thereof. Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to the execution of this Agreement. 22.2 Non - Disturbance. The subordination described in Section 22.1 is conditioned upon the agreement by Lender that, so long as this Agreement is in full force and effect and Licensee is not in material default (beyond applicable notice and cure periods) hereunder, Lender, for itself and on behalf of its successors in interest, and for any Acquiring Party, agrees that the right of possession of the Site and all other rights of Licensee pursuant to the terms of this Agreement shall remain in fail force and effect and shall not be affected or disturbed by Lender in the exercise of its rights under the Security Instrument, 22.3 Liability of Parties. Licensee and Licensor agree (i) that any Conveyance shall be made subject to this Agreement and the rights of Licensee hereunder and (ii) that the parties shall be bound to one another and have the same remedies against one another for any breach of this Agreement as Licensee and Licensor had before such Conveyance; providrd , however, that Lender or any Acquiring Party shall not be Iiable for any act or omission of Licensor or any other predecessor -in- interest to Lender or any Acquiring Party. Licensee agrees that Lender may join Licensee as a party in any action or proceeding to foreclose, provided that such joinder is necessary to foreclose on the Security Instrument and not for the purpose of terminating this Agreement. 22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or any Acquiring Party, along with reasonable supporting documentation, (i) Licensee shall not seek to terminate this Agreement and shall remain bound under this Agreement, and (ii) Licensee shall attom to, accept and recognize Lender or any Acquiring Party as the licensor or lessor hereunder pursuant to the provisions expressly set forth herein for the then remaining balance of the Terms of this Agreement and any extensions or expansions thereof as made pursuant hereto. Licensee agrees, however, to execute and deliver, at any time and from time to time, upon the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to evidence such attornment. Co. etb 's fi0 a iS alpfeInWAA `IS 'i�t },aand�d b *4n e- �����tv.se�5 r'�V�} �-0 50Vre+r��csi[r 1'"t�I't►'�1h'•�� �Qr Lo,n lar a aft lam a Prepared by: S. Taylor Prepared on: October 14, 2015 11 Revisers on: CROWN CASTLE STANDARD FORM GOVERNMENT EN'T'ITY TLA 2 -21 -07 Jr Customer Site Name: NIA Crown Site Name: FL LAKE STREET BSI 802222 Customer Site Number: N/A JDE Business Unit: 802222 License Identifier: 479987 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. Licensor Crown Castle South LLC By: Date: Print Name: Title: Licensee City of Winter Springs By: Date: Print Name: Title: Prepared: by: S. Taylor Prepared on: October 14, 2015 12 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2 -21 -07 f'= .rm LAN DESCRIPTION (ML tv A PAR= Or WO eMNO A POR7M W LOT. 190, BLOCK 0. CF ?Ht PLAT WL NTCHMI UMVF.Y Of " LM WANT ON LAKE Xnjp;' As R!l:IrORM IN FIAT BOOK 1. PACK S; OF THE i UIWC RECW83- W* WdWAt,.iC MUM., MCRIOA. IMMO UCM, PAR71CULARLY DESCMa' AS {OLLGlifF t COMMtHgNO AT THE HC"TW.MT CCIWIR of 7Xt PLAT •NCItTH OMMDO, RANCH"- SEC. V% AS ACCCAM IN PLAT, 8000 12 PA46 'I OF IK PUSUC RnOROS CF MAINCIX COLWTY, P.WbOA; 'tWgMX SOJ7N 07"11 1r• BAST ' ALomc Tqe eAsT Rjcifr of WAY LINE ram lHoR» RaAa AS sHovm ON• "D PLAT, A DISTANCE CF =93 FEEM, TMINCt- W.AR"NO SAID M43HT OF WAY. 00s2`0d" EAST; A DISTANM CV 2LCO FW TO THE POINT Of HOWINO.,' iH_£HCE C�7NTme Sw7H Caa!2y.'�y'.1��EAsT,�A' oKsTAywcE CAF+�7.t�igy f�/?�a.�T;■��/�yy� e�.4EMCC SMTrt 7 #W.y�L�7r�f�i+.��f.. f {�/ya/{Ni/TANC r�,OF M0...00 f/a j +■i'y7�y7+7�Li`i1:iR� H .1 �9.4/4�W7r WST. A DISr NNE O 100.00 Mai iENCt HORTH WOW EAST, A ISSTA14CZ -Or IMCC - M.%T ro:" PMT OF 809NrrNa. SA4 LANDS SMATE III THE PTY- OF VAN IER $Pf4N*t ZMN= COM Y, FLOIRIaA MAC CONTAIN IQ,= SQUARE FEiw"T. 14CM CR LEW. .1:,' BOUNDARY & TOPOGRAPHIC RYEY LAKE STREET CELL SITE - WINTE SPRINGS I�{ 1 1 Row K j lap i Ro 7t 11' . } a! Inmai7 su�eT ar me j 1clSY C � aRm aRarcpC 9CME + h too +aa ROCK W w Vx- �. ULM w is' z... r. �■ — 6rYN M now asrn Ls m lap Guam IT CROWN .,,. CASTLE Customer Site Name. NIA Crown Site Name: FL LAKE STREET BSI 802222 Customer Site Number: NIA JDE Business Unit: 802222 License Identifier: 479987 EXHIBIT B to Government Entity Tower License Agreement APPROVED SITE ENGWEERMG APPLICATION AND TOWER LEVEL DRAWING See Attached Prepared by: S. Taylor Prepared on: October 14, 2015 14 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY ILA 2 -21 -07 1Cm CCIsitesTM : Crown Castle Online Application Pagel of 3 CROWN . CASTLE Customer Approved: Oct 13 201 Application ID: 311791 Revision # 1 Submitted: Oct 02 2015 Submitted By: Elizabeth Lamb Original Submit Date: Oct 02 2015 Desired Install Date: N/A Reason for Application. First time antenna Installation at this site ]DE 306 Number 349824 Applications are subject to applicable Crown Castle engineering, regulatory, zoning/ planning, and priority Property-owner approval. Approval conditions may result In alternative requirements for type and /or placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer. Company Information MLA: Stand Alone Agreement - TLA Company: City of Winter Springs Address: 1126 EAST STATE ROAD 434 City /TOWn: WINTER SPRINGS State: FL Postal Code: 32705 Customer Sob N/A Number: Customer N/A Payment Reference: Customer Site Name: N/A Customer Site Number; N/A Legal Entity Information Operating Legal Entity: City of Winter Springs Primary Contact: E -mail: Address: City /Town: RF Contact: E -mail: Shawn Boyle sboyle@winberspringsfi.org 1126 East SR 434 Winter Springs Kevin smith ksmith Owlnterspringsfl.org Project Management Vendor Project Management Vendor: Crown Castle - PMV Service Information Svc Technology EIRP (WATTS) 1 Analog 250.0 Site Information Crown Castle FL LAKE STREET 1357 502222 Site Name: Crown Castle 802222 Site ID: Crown Castle Florida District: Address: 411 Shore Road CWTOwn: Winter Springs State: FL Postal Code County: Seminole Latitude: 281 41' 1936" Longitude; Structure MONOPOLE Structure Type: Height: Phone: 407 -327 -5960 Fax: N/A State. FL Postal Code: 30000 Phone: 407 - 327 -5957 : 32708 -81° 16'55.71" 160 ft Frequencies Transmit Receive Std Frequency Start Stop Start Stop MHz /GHZ 146.61 147.39 144.6 146.37 MHz http:// www. ccisites. com /engappliclAppTrkEngPrint.do ?command= View &printMode= tru... 10/14/2015 CClsites"4 : Crown Castle Online Application Page 2 of 3 2 Analog 250.0 447.0 450.0 442.0 445.0 MHz Antenna Information Building Type- N/A Cust Mount Length Width Class / C Line Mount Mfg. / TransmitTransmitReaeiveReceive Pos. CAD Mount Elev Level Azimuth Model Svc Start Stop Start Stop Use Orient Status A Side Arm 155 145.0 9 SINCLAIRI 146.61 147.34 144.6 146.37 TX/RXM1d- Proposed Mount FT SC281- PRPSD Pad Mount Side Arm N/A N/A HL N/A PRPSD Building Mount [SO N/A N/A N/A N/A NIA WA N/A 308 -1t B Side Arm 155 145.0 0 SINCLAIR2 447.0 450.0 442.0 445.0 TX /RXMid- Proposed Mount FT SC329- Mount Side Arm HL Mount [SO 308 -1] Feedline Information Pos. Customer Mount Class Qty Mfg. Model Length Location Ladder Type Status A Side Arm Mount 1 Primary: COMMSCOPE FXL 540 PE 205.0 INTQI None Proposed Secondary: N/A B Side Arm Mount 1 Primary: COMMSCOPE FXL 540 PE 205.0 INTQ1 None Proposed Secondary: N/A Optional Component Information Pos.Customer Mount Class Qty. Mfg. A Side Ann Mount N/A N/A B Side Arm Mount N/A N/A Power Requirements VAC Need Crown Power N/A No Lease, Pad, and Building Requirements Building Tower Mounted Equipment Model Type Elevation N/A WA N/A N/A N/A N/A Phase N/A Amps 0 Status N/A N/A Building Id #: N/A Building Type- N/A Length Width Height SQ. Footage irregular Status SQ. Footage Lease 5ft 01n 51t Oin N/A N/A 25.0 NIA PRPSD Pad 5ft Oln 5ft Oin N/A N/A 25.0 N/A PRPSD Building N/A N/A N/A N/A N/A N/A NIA WA N/A Other Pad Requirements No cabinets, dishes or other pads exist for this application Number of Existing Cabinets. 0 Number of Proposed Cabinets: 1 Generator Requirements No generators exist for this application Battery Requirements Type Qty- Mfg. Is Battery Backup Required? No Model http;// www. ccisites. comlengapplic /AppTrkEngl?rint.do ?cvlrLmand= View &printMode= tru... 10/14/2015 J:." la CClsiti:04 : Crown Castle Online Application N/A N/A Scope of Work/ Additional Information N/A N/A N/A N/A Page 3 of 3 Scope of Work. City of Winter Springs proposing to install VHF and UHF repeaters: 1 Sinclair SC2811-11- and 1 SC329 and 2 1/2" coax. Will install a cabinet to house repeater equipment and grounding equipment at 155' with their mount at 145'. Proposing a lease area of Vx5' and a cabinet approximately 58 "H x 39" w x 25 "0. * *Indicates where Cut Sheet data has been entered. NOTICE: Structural Analysis shall be performed In accordance with the current revision of the TIA /EIA 222 standard and applicable local building permit codes and standards. EME analysis shall be consistent with current revision of FCC /OSHA standard OZTB 65. AM detuning, when required, will be performed to 47 CFR22.371. The customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound Installations. Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customer's expense. Crown Castle requires drawings for pre - construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 20001 preferred). Appendix A - Antenna, Feedline, THIE Specifications Antenna Spedfications Quantity Manufacturer Model Type Height Width Depth Weight Fiat Plate Area 1 SINCLAIR SC329 -HL OMNI 138.5 IN 2 -0 IN 2.0 IN 12,0 t.BS 1.18 FT2 1 SINCLAIR SC2a1 -HI. OMNI 248.5 IN 5.0 IN 5.0 IN 79.0 LB5 5.3 FT2 Feedline Specifications Quantity Manufacturer Model Nominal Size Nominal O.D. 2 COMMSCOPE< FXL 544 PE 112" 0.61 IN http:ll www. ccisites. comlengapplic /AppTrkEngPrint.do ?command = View &printMode= tru... 10/14/2015 rm"t CCROWN v CASTLE C110Vp AF" Armcss USA e xtFnTl toll rror� me sixs W z Q � MU DBrf MI i MNI MTV TMi& RENWIER: " ", Ne RM E girewxe — �.� � ew.s asi�r eai eman HtSliEea UNR MAIRER Y;ifZ IrfE AOOREBS R aRORE RO�U 'N/tl;p E a9INTCOMR ]alw R4NIXL MINTY S MIEET IIr1.E 45 FT PROPOSED LEVEL IN EE T MUMMWA i 1f -x ,J .. CASSTLR Customer Site Name: N/A Crown Site Name: FL LAKE STREET BSI 802222 Customer Site Number: NIA JDE Business Unit: 802222 License Identifier: 479987 EXHIBIT C to Government Entity Tower License Agreement SITE PLAN; LOCATION AND DIMENSIONS 0,ENGTH, WIDTH, HEIGHT) OF EQUIPMENT BUILDING/FLOQR SPACE AND ANY OTHER INSTALLATION AT THE SITE See Attached Prepared by: S. Taylor Prepared on: October 14, 2015 15 Revised on: CROWN CASTLE STANDARD FORM GOVERNMENT ENTITY TLA 2.21 -07 i �E r I F I I i I I I I i I00' -O' Sit ANEA i I i I .i I II f 4 2' -5' O `_-_ _ _ J •i (PROPOSED) I I UTILITY *BANE CFWN UWS PENCE in W/3 STRAWS BNFB 159R£ 25._0. _ i (COMPOUND AREA) 802222 CROWN v CPO" I m " IT I {PROPOSED} I I�I IELCO k POWER UIILM FRAME f f IIL - IIC lC - UC it vc ] ] le O I } I i -0_ uli{iry FRAME S S WORKING CLFARANG£ 1 ICE Bf?IDGE L • •I rPi / (TYp) !O._O. 9' -6 e " " i 1 rNO PIER I II + 1 1 I r $ 160' -0' ? M MONOPOLE i i - M MY OF WIERSPSPRIZ REA PA D /Apfd _ - - -� (I I ` I I I I ! !!{ I f I I I I I I ' f I 4 (COMPOUND AREA) 802222 CROWN v CPO"