HomeMy WebLinkAboutVoiceStream Site License__
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Mark: Central
Site N~ : FL2073B
Site Name: Gardena
LICENSE NO. STRUCTURE NO.
SITE LICENSE
This Site License is made this day of , 200_ pursuant to and in accordance with the Master Site Agreement (referred
to herein as "MSA" or "Agreement") dated as of December 3, 1999, between VoiceStream Wireless Corporation, then a Washington corporation,
now a Delaware corporation, and any subsidiaries, affiliates or partners that wish to participate in this Agreement (collectively "VoiceStream"), and
Nextel Communications, Inc., a Delaware corporation, d/b/a Nextel Communications and any subsidiaries or affiliates that wish to participate in this
Agreement (collectively "Nextel"). The parties hereby agree that all of the terms and conditions of the MSA are incorporated herein by this
reference.
1. Name of Licensor: APT Tampa/Orlando, Inc. , a Delaware corporation
a participating subsidiary of VoiceStream Wireless Corporation, a Delaware corporation
2. Name of Licensee: Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications
a participating subsidiary of Nextel Communications, [nc., a Delaware corporation
3. Site No./Name: VoiceStream: A2E015-B /City of Winter Springs
Nextel: FL2073B / Gardena
4. Site Address: 1126 East S.R. 434, Winter Springs, FL 32708
5. Site Latitude and Longitude: N28°42' 09" Latitude / W81° 15' 60" Longitude
6. Due Diligence Period (see paragraph 5 of the MSA): One hundred eighty (180) days from execution.
7. Monthly Rent: $2,000.00 (Two Thousand Dollars and no/100)
8. Term (see paragraph 6 of the MSA): Five (5) years with four (4) successive five (5) year renewals commencing on the date Licensee
begins construction of the Licensee Facilities or ninety (90) days from execution of the Site License, whichever first occurs.
9. Site Licensor (owned): or Licensor (leased): x
If leased, Term of Underlying Lease: See Prime Lease, Exhibit 4
] 0. Special Access Requirements: None known.
1 1. Existing Mortgages, etc.: None known.
12. Existing Environmental Issues: None known.
13. Licensor Contact for Access for Emergency: National Operations (800) 416-2782 /Local Operations (813) 243-3300
14. Licensee Contact for Emergency: National Operations ( ) /Local Operations/Jim Donati (407) 948-2181
15. Licensee's Address for Notice Purposes:
Nextel South Corp.
Suite 300E
851 Trafalgar Court
Maitland, FL 32751
Attn: Property Manager
With copy to: Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, VA 20191-3436
Sixth Floor, Mail Stop 6E630
Attn: Site Leasing Services, Contracts Manager
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
8/8/00 2:09 PM /Page 1
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Market: Central
Site No.: FL2073B
Site Name: Gardena
Licensor's Address for Notice Purposes:
With copy to
LICENSOR:
APT Tampa/Orlando, Inc., a Delaware corporation
Name:
Title: ~//"~L"~/-"
Witnesses:
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APT Tampa/Orlando, Inc.
3650 - 1315` Avenue SE, Suite 200
Bellevue, WA 98006
AtM: PCS Leasing Administrator
With a copy to: Attn: Legal Department
APT Tampa/Orlando, Inc.
Suite 400
3111 W. Dr. Martin Luther King Blvd.
Tampa, FL 33607-6201
Attn: Real Estate Manager
Printed Name: ~~~C`~~Q__.,L/. ~~27_S~j
Printed Name: T
LICENSEE:
Nextel South Corp., a Georgia corporation, d/b/a
Nextel Co nications
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By:
Name: Johti C faro
Title: V~ce resident
Attachments:
Exhibit l: Description of Land
Exhibit 2: Description of Premises (including description of Equipment Shelter/Room/Cabinet Location(s)
Existing Liens, Rights-of-Way, Easements and Mortgages and Plans and Specifications)
Exhibit 3: Memorandum of Agreement
Exhibit 4: Prime Lease
Exhibit 5: RF Engineering and Current Communications Users of Site (including frequencies)
Exhibit 6: Owner's Consent
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
8/8/00 2:09 PM /Page 2
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Market: Central
Site No.: FL2073B
Site Name: Gardena /
STATE OF ~~''~1-r C!L ~
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T'he foregoing instr~m~~ was acknowledged beof APTeTamtpa/O/ rl ~~ay of ~iX~U'~1, 2000 by ~~~-i ~1 ~°.1 1``~~f~~~ ~s
ando, Inc., a Delaware corporation, on beha f of the corporation. He is
p rsonally known to me or has produced as identification.
~,~"a~ Judith Pidwinski
t~'itMY Commission CC885223
?nn~`~ F~cpires DeCOmb9r 13, 2003
space for notary
STATE OF GEORGIA
COUNTY OF ' `1,. ~ t i ~ 1 c' ,t
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Notary Publ~c T
Print Name -J~-~l J ~~ ~~`~ ~'~~~~~
My commission expires 3
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The foregoing instrument was acknowledged before me this ~_day of i4,~ y;.: ~,} , 2000 by John Cafaro as Vice President of Nextel South Corp., a
Georgia corporation, d/b/a Nextel Communications, on behalf of the corporation. He is personally known to me or has produced
as identification.
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Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
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Notary~'ublic ~ __
Print Name r 1 i ~ ~' a ~ ',. 1 ~ f` ~ ~t / ~t t~~ i t .,% `a~ t _
My commission expires
(Use this space for notary stamp/seal)
8/8/00 11:18 AM /Page 3
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'Market: C'erltral
Site No.: FL2073B
Site Name: Gardena
EXHIBIT i
DESCRIPTION OF LAND
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to the Site License dated , 2000, by and between, APT Tampa/Orlando, Inc., a Delaware corporation
as Licensor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Licensee.
The Land is described and/or depicted as follows:
LASE -ARCEI
tL C,At DCSUIP nON
Al.t MA1 1RAC1 d1 -MCQ CX LAND lV1NC N SECTION J~, tOMNfAP 20
SOUn/, RANGE 30 [AST, SEYNOL[ COUNTY, rld1A)A, eONC A -OIl11Cy/
Or 1UT111CLL -AR« ACCdIdNC ro M( PLA1 MERCO/ Af RECOROCO NI
PUT OdJK il, -AOE N, OrT1C1AL RECORDS Or SCYNOL[ COUNTY,
I~d1OA, ANO eONC YORE PMntX1LAJ1lY OCidbe[D Af ~OLLOMS;
COYY[NQNC AT THE NORMMCST CORi/ER Or SAq WTTR[l PARK;
MCNC[ SOU01 IeSe'10' wCST A dS1ANCE Or 157.00 7[LT i0 A POINT;
nm+tt SOUM 71T)1'SO' CAST A dSTANCE or Il.oo rEEt ro me -onlt
Or eEC1NNNQ nM'}ICE NORM 1~'S~'10~ EAST A dS1ANCi 0/ 50.00 rEE-
10 A /dNT; THENCE SOUM 71Tft'SO' CAST A dSTANCE d 50.00 rL[T TO
A PdNT; 1-/ET/C[ SOUM 1~'S~'10~ MCST A dSTANCE Or 50.00 /LET 10 A
PRINT; THENCE NORM T1V1'SO• TEST A asrANCE O- SO.oo rE[T ro Mf
POMI Of ~EGNMNC.
CONTAI-ANC 2,500 SOU ARE rLCI OR O.OS7 ACRES YCR[ OR tLSi
1S' Ut1UTT EASCI/CN/ ~A~
1.[CJ1L O[SCRIPnON
ALL THAT TRACT OA PMCEI Or l/NIO ITNC N SECTION Je, 1T?MNSHIP !O
SOU M, RANOC 30 EAST, SfIANOIL COUNTY, ILd110A, eCTNC A POR110N
Or WTTR[11 PARK ACCCROMIC ro THE PLAT MRCOr AS R!ECOROEO M
-l.Ai lOOK I1, PAC[ N, OrT1OAl RCC[MOS Or SC4INOL[ OOUNTY,
1Ld110A, ANO eCTNC A IS TOOT MIOC VRUTY EASEYENf IYWG ).S IECT
urT ANO RlOHT or TH[ rouowlc oESCTa,etD COITCIIUNE;
CdMCNCINC AT ME Nd1MMEST CORNER Or SAq LUTTREI -ARK;
M[NCC SOVM 1~'S~'10~ HEST A dS1ANCC Or IS7,00 tLCT ro A POINT;
M(?IC[ SOVM 71a1'SO' [AST A dS1ANCE Q 30.11 RET TO T1rt PONT
Or eECRMINQ MC1/CC SOUM ri~l'10' • A dSTANCE Or 17R.51 ri[i
t0 A -OIII1; iNEMtf Sfll1M 10SA'10' T# A dSTANCE Or 1?1f.S1 fEC1 TO
A POnI T L 1MIC 7. SO rEE 1 N011 TI1E AS T[7K T Or iNE NOR M[J1S lE7lL Y
Rldll-OT-NAT UNE Or S1Ait ROAD Nom. 131; hIENCE 17].el FEET, ALONG
TN[ ARC Of A C1111V( IYNC 7.50 rCCT NdIM(AS1[71LY 0/ AND PARALLa
IMM TAO RIGHT-Or-wAr UNG sAq C11RVC ecAlc CCNCAVf ro T1IE
SOUMMEST, HANNC A OQTA AHOL[ Of OO1S'3S', A RADIUS a 31121.2/
RC1, A OiORO 1[MNC Or SQ1M 3CO)'10' CAST, AND A OHd10 OF
115,11 IECT ro Tt POINT or 101YNA110N.
and otherwise known as 1126 East S.R. 434, Winter Spi1nQ5, FL 32708
A.P.N. or P.I.N. or Real Property Tax I.D. #:
IS' Ndt(SS/CdiCSS [ASOICNT
L[cAL o[suwnw
ALL MAT TRACT OR PMCEL a taNO IW/C N SECnON 3{, TOW-t9AP 7
SOU M, RANG( 30 EAS1, SEYINd.F COUNTY, rLORIOA, BC1NG A POAl10N
or LUTTRELL PMK ACCOIIOMIC 10 ME PLAT MER[d' Af RECORO[0 NV
-LAT e00K 11, -ACf l1, OrT1CtAl RECORDS Or SEYNOtt COUNTY,
ILORDA, ANp eONC Y011[ PARRCUTARLY D[S(yttelD AS fOLLOwi
COYY[NCINC AT 11I[ NOIIMMLST CORNC71 Or SAq WTTRCL PMK;
TFKNCC SOUM 1~'Saf'10~ T1(ST A diTANCE Or 15700 I'EE1 f0 A PdNi;
THDICC SOUM 7101'SO' EAST A dS1ANGC Or 11.00 rLEI t0 M[ POwT
Or •[ONNNC; nAU1CE CONnNIAi SOUM T'101'SO' EAST A gS1ANt[
OI 13.11 r[[T ro A PANT; nICNCE SOUM 2AVI'IK' •CS1 A dStANt[ C
171.f1 rL[T TO A PpN1; 1HENCC SOUM tO~K'10' HEST A pSCANC[ Or
isl.f2 r[Cl 10 A PONIi oN n/E NORTHEASrCRLY INUIT-or-WAY LsIC 0-
STALE ROAD Na 131; iTlO/tE /7.~0 ILFT ALONG SAID RIGHT-Or-17AT l~
MONO M MC Or A CURVE, CONCAVE f0 111E MORM, NANNG A OQ1A
AMCIE Or 0001'Jr', A RAOrUS Or SAIJA.71 rQt, A 410+10 e(MNiC Or
NORM 3TSK')S~ MCSf, ANtI A dIONO Or II,AO rLEi 10 A PdNi; MENC
NdIM IE~'10~ CAST, DEPMnNC SAq RIU11-CI•-MAT' UNE, A
dS1ANCE a 112.f7 1'[CT 10 A PdNT; THENCE NORM 2f~1'If' EILST A
DISTANCE Or 17/.~~ IiET TO n1[ Pd1/t Of eCCA4HING.
CONINNNC 1,121 SQUARE rLIT OR 0.02e AGTTE YOR[ OR ILSi
1S' UnUTY EASCY(HT 'e'
ttcAL a scs+IP noN
ALL MAT TRACT dl PMCQ a lANO lYI1IG N SECiN]rl 76, TOMNSIAP 2<
30VM, RANGE 30 [AST, S[YNQi COUNTY, IlOA10A, •ONC A PdiT10N
Of lUT1R[Il -ARK ACCOIIOM/C 10 ME PLAi 1N[RCOr AS RECORO[0 M
PLAT eOdt ti, PACE t1, OrIIGAL REGd10S Or SEWN'OLi C'DUNTY,
rLORDA, ANO eCMICA IS r001 MKX UTUTY [ASEUOII LYNC 7.50 rTli
lF)'T ANO RN?Il Or M( fOLt,OMINC OCSCRIeED CEMICRUNE;
COYY(NC1NC AT ME NORMVEST COtM(R Or SAID WtiTMI PAA!K;
nUICE SOUM 1~'S!'10' IKST A dS1A}/CE a 15700 TLFT TO A POMT;
RipIC[ SOUM 71~Oi'S0' [AST A pS1ANCC Or SI.l3 rE[1 TO ME PONi
Or eECMNNQ iHCfICC SOUM 0217'/x' CASi A DISTANCE OT 110.00
-EEi 70 THE POMII Or 1CRYtNATK1N.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
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Market: Central
Site No.: FL2073B
Site Name: Gardena
DESCRIPTION OF PREMISES
to the Site License dated , 2000, by and between, APT Tampa/Orlando, Inc., a Delaware corporation
as Licensor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Licensee.
The Premises are described and/or depicted as follows:
Plans and Specifications (consisting of 2 pages) are attached hereto.
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Licensee.
2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable govemmental
authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire
departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual
types, numbers, mounting positions may vary from what is shown above, subject to Licensor's approval as provided in
Paragraph 5(b) of the License.
5. This Exhibit is to include any plans for routing lines, utility wires, etc. on or across the Property.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
8/8/00 1 l :18 AM /Page 5
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NEXTEL COMMUNICATIONS
SITE # FL-2073
GARDENA SITE
SITE ELEVATIONS
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DRAWN BY: RCM
CHECKED BY: M. LEAHY
APPROVED BY: M. LEAHY
CADD FILE NAME:
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Market: Central
Site No.: FL2073B
Site Name: Gardena
EXHIBIT 3
MEMORANDUM OF AGREEMENT
to the Site License dated , 2000, by and between, APT Tampa/Orlando, Inc., a Delaware corporation
as Licensor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Licensee.
This Memorandum of Agreement is entered into on this day of 2000, by and between, APT
Tampa/Orlando, Inc., a Delaware corporation, with an office at Suite 400, 3111 W. Dr. Martin Luther King Blvd., Tampa, FL 33607-6201
(hereinafter referred to as "Licensor") and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, with an office at 851 Trafalgar
Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Licensee").
1. Licensor and Licensee entered into a Site License Agreement ("Agreement") on the day of
2000, for the purpose of installing, operating and maintaining a radio communications facility and other
improvements. All of the foregoing are set forth in the Agreement.
2. The term of the Agreement is for five (5) years commencing on , 2000 and ending on
,with four (4) successive five (5) year options to renew. If all options to renew are exercised, the
term of this Agreement will expire twenty-five (25) years after the Commencement Date (as defined in the Agreement).
3. The Land which is the subject of the Agreement is located in Seminole County and described in Exhibit 1 annexed
hereto. That portion of the Land being licensed to Licensee ("Premises") is described in Exhibit 2 annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written.
LICENSOR
[EXHIBIT ONLY -NOT EXECUTION COPY]
APT Tampa/Orlando, Inc., a Delaware corporation
By:
Name:
Title:
Witnesses:
Printed Name:
Printed Name
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
LICENSEE
[EXHIBIT ONLY -NOT EXECUTION COPY]
Nextel South Corp., a Georgia corporation, d/b/a
Nextel Communications
By:
Name: John Cafaro
Title: Vice President
Witnesses:
Printed Name:
Printed Name:
8/8/00 11:18 AM /Page 6
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Market: Central
Site No.: FL2073B
Site Name: Gardena
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of 2000 by as
of APT Tampa/Orlando, Inc., a Delaware corporation, on behalf of the corporation. He is
personally known to me or has produced as identification.
Notary Public
Print Name
My commission expires
this space for notary
STATE OF GEORGIA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2000 by John Cafaro as Vice President of Nextel South Corp., a
Georgia corporation, d/b/a Nextel Communications, on behalf of the corporation. He is personally known to me or has produced
as identification.
Notary Public
Print Name
My commission expires
(Use this space for notary
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
8/8/00 11:18 AM /Page 7
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Market: Central
Site No.: FL2073B
Site Name: Gardena
EXHIBIT 4
PRIME LEASE
to the Site License dated , 2000, by and between, APT Tampa/Orlando, Inc., a Delaware corporation
as Licensor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Licensee.
The Prime Lease (consisting of 17 pages) is attached hereto.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:18 AM /Page 8
•
SITE ID: 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:
[XJ Real property comprised of approximately a5oo square feet of land ("Premises");
[X] Non-exclusive easements required to run, maintain and operate utility lines and cables on and to
the Premises; and
[XJ Non-exclusive easement across Owners Property (hereinafter defined) for access, ingress and
egress to the Premises
1N 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 APT's 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 t;::ci^esc dG7~ F~^_,m 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
R:\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/10/97 3:45 PM
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SITE ID: 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 slip hole
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 any other user (whether CMSR or not) to be collocated in
the Owner's Space, the rent from said user shall be shared equally between APT and the Owner. In addition, APT
and the Owner shall share equally in the rent produced from all third party collocaters on the Tower whether
CMSR or not. 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",
wflich 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 APTs 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
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SITE ID: A-2-E-015-B
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.
B. (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 B 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, unless required by federal or state law, or by a city
ordinance or resolution that determines a need for removal of the foundation, in which case, APT will remove the
entire foundation. APT shall provide Owner with a performance bond in the amount of $50,000 for the first year of
the initial term, increasing by 3% each year during the initial Term and each Renewal Term of this Agreement, to
ensure Owner that APT will comply with the provisions of this Section 66(ii) regarding removal.
7. UTILITIES. Payment for electric service and for -telephone or other communication services to the APT
Facilities shall be APTs responsibility. Owner agrees to cooperate with APT in its efforts to connect the APT
Facilities to existing utility service at APTs 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
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SITE 10: A-2-E-015-B
SITE NAME: City of venter Springs
governmental orquasi-government authority. APT shall be responsible for conducting due diligence regarding the
condition of the Property.
9. TERMINATION. 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 Sectionl1 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 APTs rights under
Paragraph 14 of this Agreement, prior to said termination.
10. INDEMNIT1'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 "Indemnitees") 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
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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 APTs 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 Ovrner 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 NO/Dollars ($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 coverag.: c~~,rering c~blcs, materials, machinery and supplies of any
nature whatsoever which are to be used in or incidental to the installation of the lower: -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.
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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 to
Owner.
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,
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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 APTs obligation to pay Rent) shall terminate upon APTs 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 APTs 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
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SITE ID: A-2-E-015-6
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 pay or 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 a~ainct ~ny.a~~i~nment or subletting shall be construed to include a
prohibition against any subletting or assignment by o~,~ra;icn cf ;oar. 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
R:\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/10/97 3:45 PM R
SITE ID: A-2-E-015-B
SITE NAME: City of V1(nter 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 venter 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.
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SITE ID: 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.
Q. 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 ~ day of
J tceAt~aR%, 1997.
OWNER
Witnesses:
1.
nn Nam ~ _ = S
~. P
Pri ame: ~a~n~ct A u~c~.rb
Address of Owner:
Telephone No.: S/b - -/ D D
Facsimile No: 07 - 3~ ~ -G p/ ~.
Federal ID No.: Sg' /b2 G36 f/
CITY OF R SPRINGS, A
FLORID INCO MU ICIPALITY
ay:
Print Name: P UL P . PART
Print Title: MAY R
Date:
Attest:`
Print Name: /Gj _ ~/e~sit7 S
Print Title: _ C;ty C+~e[? K
[Corporate Jean
Date: ,/~ - /.~ " `1'7
R:\ORLANDOW-2-E-015\015-b\site agreement 12-3-97.final.doc 12/10/97 3:45 PM 10
- _ __
., ~ ',
SITE IO: A-2-E-015-B
SITE NAME: City of Winter Springs
APT
Witnesses:
1.
Print Name: A . '~
Print Name : _ ~', ~ut`(a.rrSL..
Address of APT:
Real Estate Department
American Portable Telecom, Inc.
PO Box 31793
Chicago, IL 60631-0793
APT TAMPA/ORLANOO, INC.
By:_ `rte ~ ~' 1
Tony P2! McDowell ,
Its: Director Engineering and Operations
and Authorized Agent
// (Corpolra/te Seal]
Date:_ l ~ " `?f ' ~j
With copy to:
APT Tampa/Orlando, Inc.
Reaf Estate Manager
5907 - B Hampton Oaks Parkway
Tampa, FL 33610
R:\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/10/97 3:45 PM
r
• ~ ~ ,
SITE ID: 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 DESCRIPTION
LOTS 1 THROUGH 25 ANO INCLUDING HOOVER STREET, LUTTRELL LANE,
ANO THE SOUTH ONE-HALF (S1 /2) OF 2N0 STREET OF LUTTRELL PARK
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 800K 11, PAGE
44 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING A
PORTION OF LOT 27, BLOCK B OF O.R. IAITCNELL'S SURVEY OF THE LEVY
GRANT AS RECORDED IN PUT 800K 1. PAGE 5 OF THE PUBUC RECORDS OF
SEMINOLE COUNTY FLORIDA. LY1NG NORTHEASTERLY OF STATE ROAD 419
(SANFORO-OV1E00 ROAD).
If is agreed by Owner and APT fhc; ;':~ Frcacr ~::~ ,^,~cise legal description for fhe Owners Property wi!! be corrected, i/ necessary. and Ihaf
fhe correct legal description maybe placed on this Exhibit A"and/or Ihaf this Exhibit A" may bo ioplacod Iu rollocf such prupor onr! piociso
legal description 6y APT unilaterally.
\Wpt-la0-ntt\sile\ORLANDOW-2-E-015\015-b\site agreement 12-3-97.final.doc 12/04/97 3:55 PM 12
r _
a
SITE ID: A-2-E-015-B
SITE NAME: City of Winter Springs
EXHIBIT "B" TO SITE AGREEMENT
Page i of 2
SKETCH AND DESCRIPTION OF THE PROJECT SITE.'
/CAS[ PARCEL
LI CAl OCSCII P TNyI
Au MAr IwACt oR -MCa or uwo tnlrc w sccnoN ]e, 1o11MrlIIP 2p
SOUn/, RAMU ]0 [ASt, SEYMOLE COUNry, ILOROA, eONC A -011T10N
Or lUT1M(LL PMK ACCOIIdNC ro ME PLAT M[Rfo/ Af RECd10E0 w
PLAT e00K 11, PAC( H, OFT:1aAt RECORDS OT SLNNOIj COUNTr,
Tld1gA, ANO eONC NOR[ PMf1CUlA1TlY OCfCR18ID Af fOLLOwi
CONNp1aN6 AT 11fE NOR MME 21 CORNER OF SAq WTTREI PARK;
MCNU SOUM le'Se'10• MESI A dS1ANCE OF 151.00 -iFi 10 A POINT;
1-1[11C[ SOUM 7101'50• EAST A dSTANC[ d 11.00 TL[T ro nK PdNT
Or efCrlrNNQ 111()IU N011M le'Se'10• [ASt A dS1Al/C[ OF 50.00 rLET
10 A PdNT; MC7/CE SdJM 71~1'SO• [AST A dS1ANCC OF 50,00 FfC1 TO
A -dNi; T-KNC[ SOU TN te"Se'10' MCST A dS1ANCE OF 50.00 ItE1 10 A
POMT; MNCE Nd1M 71~1'SO• MCST A pS1ANCC OF 50.00 FEC1 TO ME
POwt Or eCCwMNC.
CONTAINANC I,l00 SOU MC rLCT OR 0.05) ALRCS YOR[ oR lLii
15' U11UTY EASC1tENI 'A•
l2 CAl OE SdeP nON
ALL MA1 TRACT OR PAAC[l OF l/1N0 l1'1NC N SECTION Je, TOMRIS/AP !0
SOU M, RANGE JO [AS1, SLAMNOI[ COUNTY, T1d110A, eCMC A PORnON
0/ tUTTR[ll PARK ACOOIiOINC ro h/E PLAT HEREOF Af 11ECOROfO N
PLAT BOON 11, PAOL l1, OrT1aAl RCCOROS OF SCNINOIj COUNTY,
IYORIOA, ANp eC1NC A IS f001 IMO[ VTIUry [ASEYfHT tr1NC 7.S -EET
tt>-r ANO RIri/T or Ti/[ -aLLOMwc OESCRIe[D CO/TUt1NE:
CONNCNaI1C Al TH[ NORMMEST CORNER U SAq IUTTREI PARK;
M[NOL fOUM le'Se'10• M[ST A dS1ANC[ Or IS7.o0 F[ET ro A Po1NT;
M(11CE SOUM 71~1'SO• [AST A df1ANCE OF Jl,11 -E[T ro 1F[ PdNi
a eEORhtINC; 111CT10[ SOU TT 7e Vt'Ie' w A dSTANCE Or I)e.St FLE1
TO A -ONT; TIKNC[ SOUM IeSe'10• w A d51ANCE OF 1?f.S~ rECT ro
A POw 1 111110 7.50 FEE 1 MOq Ti[ AS TERL Y Or 111E NOR MCAS tCRt Y
RIONf-U-wAr l1NC OF S1AiC ROAD Ma 1]I; M[Mft 17].el fCET, AIONC
MC ARC OF A CURrE l1'wC 7.5p FQI Nd1M[ASiCMY Or ANO PARAtlt1
MM SAA RIONI-OF-MAr LINE, SAq Cl111VC e[wC CdICAV( ro 111E
SOUMM(fT, NA11NC A OCiTA ANCIE OF 001!']J•, A RAdUS OF ]e/21.21
F[ET, A o/oRO ecARNC or SoUM Je~2'IS• cASt, ANO A a+aRO aF
11].el R[T ro nlE PdNT or T[11YNAnON.
Notes:
15' NCR[SS/EUiESS (ASC?.rfNi
ttwt ocuRlPnaN
ALL MAT 1RAC1 OR PMUl Or lAMO IrWC Rt SECnON ]~, TOMAVS/IP ;
SOVM, RAMC[ ]0 EAS1, SENwOt[ COUNTY, FLdilOA. Bt1NC A POgnON
d IUTTRCLL PMK ACtd10rNC 10 M[ PLA1 MCRCOr AS R[CORO[O IN
-ui sock 11, PAC[ /1, OmaAt RECOrros ar xuwat cOUNry,
FlORDA, ANp eONC YOq[ PAR11CUURlY OESCJMeEI] AS rOLLOwi
CONYO/aNC AT T1[ M011TNw[ST CORNCII Of SAq WTmCI PARK;
TNENC[ SOUM le'Se'10• N(ST A dS1ANCE Of 15]00 fiET f0 A POIN1;
T1~ICE SOU TN 7101'50• CAST A dS1ANC[ Or 11.00 rE[t TO MC POW]
OF eCCNiNwC; T-IE)tU CONnNUE SOUM 71171'50• [AST A dfIANC(
OI IS.I1 -[CT ro A /OM/T; MENC( SOUM II~1•Ie• MAST A dS1ANCC ~
17S.St R[1 ro A POINT; MN(]E So1rM le3d'10' IAEST A dflANCC or
iSt.et F[Cl 10 A POwI ON iNE MOR111[ASICRt1' RIU/T-Or-wAr lM O
STA1[ ROAD Na ISI; 1HDtU 17,0 FCET AIOHC SNO RIONT-Ot-wAr (~
MONO 11K MC Or A CIM~E. CONCA~[ TO 1110 NORM, NAMNC A OQiA
ANCL[ d" 0001']!', A RApnrS d 3a1J1.71 Fi><t, A d10R0 e[MN/C tY
NORM ]7'SA']S• wEST, Alto A CftOgO Or 17,M0 RET t0 A POiNI; M[Ni
Hd1M le'SI'10• [AST, O[PMhNC SAq RIOH1-d-wAr UNC, A
OIS1ANCf OF III.t7 RfT 10 A PdNi; THENC[ NOgM 2ITl1'Ie' [AS1 A
DISTANCE Or 171ee IT[T TO ME POwT Of eECr-/NIMC.
CONTAINING 1,725 SOUARC FEfT OR 0.02e AUK NOR[ OR ILSi
IS' UTILITY [AS[NENT •e•
ttcA1 otsaTlPnoN
ALL MAT 1RACT M PMC[1 Or lANO trlNr. w S[CnON ]A, iOMM S/AP 71
SOUM, RANCC 30 [AST, fEMwotE COl1Nry, FLdiIoA, eE1NC A PORnoN
Of IUTTRill PArIK ACCOIION/C TO M[ PLAT TNERCOf AS RECORDED w
PLAT SOON 11, PAD[ /1, OFr1UAt RECdiOS Of SEYINOI.[ COVNry,
FLd11DA, ANO eEwC A 13 F001 MAO( Ut>lJry [ASEllp/1 l'rMtC 7.SO F[E1
LEFT ANO RKi/i Of M( FQ.IpWMC OCSCRIeED CENT[RUM(:
CONY(NONC AT THE MORMWEST CORNER Or SAq W}1q[t PARK;
n1o+U SWM le'Se'10• MIST A dS1A)/U Or 15700 iTli 10 A POM1;
T-ICNU SOUM I1~01'SO' [AST A dS1ANU f)F Sl.e] -EI1 10 MC POWT
OE bC01NNM/C; 111[NU SOUM 0717'M• [AST A OISIAMC[ OF 110.00
FEET 10 111E -dNl d 1CRNwA110N.
t. The inshvmenf to which this exhibit is attached and info which inshurnenf Phis exhibit is lv/ly incorporated, rnay, al API's solo upllon, be
modified anoYor emended unilaterally by APT fo establish, clarify or change the location o/the nonexclusive easement for utility lines
and cables by recording an Insf-umenf signed by APT In the public records of the County in which the Owner's Property is located,
which Instrument shall set lorih the details of such modification and/or amendment.
2. Nohvilhsfanding anything In the inslrumenf which Ibis exhibit Is attached fo the contrary, APT, at its sole option, may unilaterally replace
end substitute for Phis exhibit a survey of the Project Site, showing non-exclusive easements for ingress, egress and ufil~(y lines and
cables fo service the Project Site and/or may unilaterally replace and substitute for this exhibit consfruclion drawings o/ the APT
Facilities o/the Project Site.
3. Setback of the APT Facilities from the boundaries of Owner's Property and of the Projec!- ~%!^-she!! he !fie ~~s(ance required by the
applicable govemmenfal authorities. ,,
4. Width of any access road or easement granted fo or used by APT, shall be the width required by flee applicable governmerrfal
authorities, including police end fire departments but !n no event less than frfleen leef(157 except i/ prohibited by govemmenfal
authorities having jurisdiction over the Owners Property, the Project Sife and/or (he APT Facilities.
\1Apt-lafl-nl1\sile\ORLANDOW-2-E-015\015-b\sile agreement 12-3-97.final.doc 12/04/97 3:55 PM 13
__ _ _
' SITE ID: A-2-E-015-B
SITE NAME: City of Winter Springs
EXHIBIT "B" TO SITE AGREEMENT
Page 2 0l 2
SKETCH AND DESCRIPTION OF THE PROJECT SITE: Legal descrip(ion ofproperty to be altaclled.
8
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- _.._-__ - . -___ T-_
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
R:\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/10/97 3:45 PM I S
1
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:
Print Name.
2. -
Pri Name: c,,~; ~ ~ t~c,a„~„
OWNER:
City of Wi ings, a orida incorporated
municipals
By:
Print Name: PAUL P . PARTYK~I
Print Title: MAYOR
Date: /~ -/s Sr'j
Attest: ~
Print Name:
Print Title: n~~ n ~.oa.l!_
[Corporate Seal]
Date: l~-~ l~-`i'?
Witnesses:
1 4,~L~
P nted Na : L~,g R,'~ ,a-~~ra- 1- , ~ f ,dui ~ rry r~-~
2.
Printed ame: ~_ ,,~( ate.
TENANT:
APT Tampa/Orlando, Inc., a Delaware
corporation
By:
Name: ony R. McDowell
Title: Director, Engineering and Operations
and Authorized Agent
/ [Corpora/te Seal]
Date: /c~ ' ,?S - J
R:\ORlANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/10/97 3:45 PM ~ 6
SITE ID: A-2-E-015-B
SITE NAME: City of Winter Springs
STATE OF FLORIDA
COUNTY OF S~1'v~,tw9 OI ~
. P The foregoing instrument was acknowledged before me on this f ~ day of ~~,~yf~, 1997, by
P A name of person], as title of person], of City of Winter Spnngs, a Florida
incorporated municipality on behalf of the (type of entity]. Hg/she is personally known to me or
has produced as identi ication. -"""
My commission expires: !y . '
~Y M ~ Notary Pu c -State of FI ida
[Seal) * * nny coax cc4oa7s5 Commission Number:
Expires Auy. 28, 1998
Bonded by ANB
~~'of ~~~oe ~-852-5878
STATE OF FLORIDA
COUNTY OF ~{L ~S fyil2jlu ~ ~f
The foregoing instrument was acknowledged before me on this L day of ''a'rm 9e , 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:
~~; Barbara L llapmati
'. YY COIrIYfSS10fV ~ t~9189 E>Q'RES
~~
t' Ortober2,1iA9
''... eo~nnalUrnotrf~suw~,ll~
M
R:\ORLANDO\A-2-E-015\015-b\site agreement 12-3-97.final.doc 12/10/97 3:45 PM
17
.~ ,
Market: Central
Site No.: FL2073B
Site Name: Gardena
EXHIBIT 5
RF ENGINEERING
to the Site License dated , 2000, by and between, APT Tampa/Orlando, Inc., a Delaware corporation
as Licensor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Licensee.
LICENSER'S FREOUENCIES
setup: Sector
alpha face: 0 TX 1930-]945 MHz RX 1850-1865 MHz
beta face: 120 TX 1930-1945 MHz RX 1850-1865 MHz
gamma face: 240 TX 1930-1945 MHz RX 1850-1865 MHz
LICENSOR'S TENANT FREQUENCIES:
setup: Sector
alpha face: 90 TX 869-880, 890-891.5 MHz RX 824-835, 845-846.5 MHz
beta face: 210 TX 869-880, 890-891.5 MHz RX 824-835, 845-846.5 MHz
gamma face: 330 TX 869-880, 890-891.5 MHz RX 824-835, 845-846.5 MHz
LICENSOR'S TENANT FREQUENCIES:.
setup: Sector
alpha face: 0 TX 1945-]950 MHz RX 1865-1870 MHz
beta face: ]20 1945-1950 MHz RX 1865-1870 MHz
gamma face: 240 1945-1950 MHz RX 1865-1870 MHz
LICENSEE'S FREOUENCIES
setup: Sector
alpha face: 30 851-866 MHz RX 806-821 MHz
beta face: 150 851-866 MHz RX 806-821 MHz
gamma face: 270 851-866 MHz RX 806-821 MHz
OTHER KNOWN FREQUENCIES ON PROPERTY:
None.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:18 AM /Page 9
,. ~ ,
Market:,Central
Site No.: FL2073B
Site Name: Gardena
EXHIBIT 6
OWNER'S CONSENT
to the Site License dated , 2000, by and between, APT Tampa/Orlando, Inc., a Delaware corporation
as Licensor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Licensee.
Owner's consent (consisting of 9 pages) is attached hereto.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:51 AM /Page 10
___ ___ _
,~ ,
. ~ ~ i ~ ,
Market:~Central ,
Site No.: FL2073B
Site Name: Gardena
TELECOMMUNICATIONS TOWER
COLLOCATION CONSENT AGREEMENT
THIS AGREEMENT is made this day of , 2000, by and between the City of Winter Springs, Florida, a
Florida municipal corporation ("City"), and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications ("Nextel").
WITNESSETH:
WHEREAS, City is the owner of real property located at 1 126 East S.R. 434, Winter Springs, Florida 32708 which is legally described on
Exhibit "A" ("Leased Property"). A copy of Exhibit "A" is attached hereto and fully incorporated herein by this reference; and
WHEREAS, City entered into that certain Site Agreement for Land, dated December 12, 1997 ("Site Agreement") with APT
Tampa/Orlando, Inc., a Delaware corporation ("APT"); and
WHEREAS, APT constructed a one hundred sixty-five foot (165') slip hole communications monopole which is designed with spaces to
collocate the antennas of three (3) commercial mobile radio service operators ("Tower"); and
WHEREAS, APT and Nextel have entered into, or are about to enter into, a Collocation Site Sublease ("Sublease") whereby Nextel
subleases a portion of the Leased Property for purposes of collocation on the Tower, and of operating and maintaining communication equipment and
related facilities; and
WHEREAS, City desires to consent to the Sublease between Nextel and APT and to the Nextel collocating its communications facilities
on the Tower under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto, intending to be legally bound hereby agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference.
2.0 Consent to Collocation. The City hereby consents to Nextel collocating their communications and related facilities on the Tower and
on the Leased Premises. In furtherance of consenting to the col location, the City also consents to Nextel entering into the Sublease with APT for the
use of a portion of the Leased Property ("Subleased Parcel") and the Tower. The Subleased Parcel is legally described on Exhibit "B," which is
attached hereto and incorporated herein by this reference. The use of the Subleased Parcel shall be limited to operating and maintaining
communications equipment and related facilities in order to effectuate the collocation. City also consents to Nextel's use of the non-exclusive utility
easements and non-exclusive ingress and egress easements to the Leased Property. The easements were granted to APT by the City and are legally
described under the Site Agreement. The easement legal descriptions are attached hereto as Exhibit "C" and incorporated herein by this reference.
Nextel agrees to fully comply with the terms and conditions of the aforementioned easements and further agrees that Nextel shall not in anyway
overburden the easements or interfere with the City's and any other authorized user's right to use the easements.
3.0 Term. The City acknowledges and agrees that under the terms of the Sublease, Nextel shall have the right to sublease the Subleased
Parcel and collocate on the Tower for an initial term of five (5) years with four (4) renewal term(s) of five (5) years. This Agreement shall
automatically renew unless: (i) Nextel has provided the City written notice of its desire not to elect its option under the Sublease prior to the
expiration of the existing Term or Renewal Option of the Sublease, as the case may be; (ii) the City has terminated this Agreement pursuant to
Paragraph 23 of this Agreement; (iii) Nextel is in breach of this Agreement, beyond any applicable cure period, in which case, this Agreement may
only be renewed if the City agrees to the renewal in writing and Nextel cures the breach; or (iv) Nextel is in breach of the Sublease beyond any
applicable cure period, in which case, the Agreement may only be renewed if the City and APT agree to the renewal in writing and Nextel cures the
breach.
4.0 Termination of APT Site Agreement. If the Site Agreement is terminated by APT or City and Nextel desires to continue occupying
and possessing the Subleased Parcel and Tower space, Nextel may do so by entering into a written lease agreement with the City which shall require
direct payment of rental proceeds to the City.
5.0 Assignment. This Agreement shall not be assigned or transferred, unless the assignment is consented to in writing by the City;
provided, however that Nextel may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-
in-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this
Agreement as set forth in Paragraph 27 herein. Notwithstanding anything to the contrary contained in this Agreement, Nextel may assign, mortgage,
pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing
entity to whom Nextel (i) has obligations for borrowed money or in respect of guaranties thereof; (ii) has obligations evidenced by bonds, debentures,
notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of
guaranties thereof.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:18 AM /Page 11
, 1 . ~ I
i • ~ ~ l ~ ~ 1
Market:1Central
Site No.: FL2073B
Site Name: Gardena
6.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall not in any respect whatsoever create any rights
on behalf of any party not expressly a party to this Agreement.
7.0 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other
and perform any further act(s) and execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes
and intentions of this Agreement.
8.0 Severability. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall
nevertheless remain in full force and effect, unless the absence of the invalid, void or unenforceable provision or provisions causes this Agreement to
fail in its essential purposes.
9.0 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The
parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the state circuit courts located in
Seminole County, and in the federal district court in Orlando, Florida, any objections as to jurisdiction or venue in such courts being expressly
waived.
10.0 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with this Agreement between the parties
hereto, the prevailing party in such litigation or controversy shall be entitled to recover from the other party or parties all reasonable attorney's fees
and paralegal fees, expenses and suit costs, including those associated with any appellate or post judgment collection proceedings.
11.0 Non-Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that
right, shall constitute a waiver of that or any other right, unless otherwise expressly provided for herein.
t2.0 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be
deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States
Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery
service and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as
provided herein):
To City of Winter Springs: City Manager
1126 East S.R. 434
Winter Springs, Florida 32708
PH: (407) 327-5957
FAX: (407) 327-4753
To Nextel: Nextel South Corp.
851 Trafalgar Court
Suite 300 E
Maitland, Florida 32751
With a copy to: Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, Virginia 20191-3436
Sixth Floor, Mail Stop 6E630
Attn: Site Leasing Services, Contracts Manager
13.0 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall
be an original; but such counterparts shall together constitute but one and the same instrument.
14.0 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video
tape, photograph, or other writing of the Nextel related to this Agreement, may be deemed to be a Public Record whether in the possession or control
of the City or Nextel. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of Nextel is
subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request
by the City, Nextel shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers
in connection with this Agreement shall during normal business hours of Nextel be open and freely exhibited to the City for the purpose of
examination and/or audit.
15.0 Independent Contractor. Nextel shall be considered an independent contractor under this Agreement.
16.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supercedes all prior
negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:18 AM /Page 12
__
Market ,Central
Site No.: FL2073B
Site Name: Gardena
17.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity
under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state and federal law.
18.0 General Liability Insurance. Nextel shall purchase and maintain, at its own expense, such general liability insurance and automobile
liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of Nextel's
use of the Subleased Parcel, Tower, or utility and ingress and egress easements. The insurance shall have minimum limits of coverage of ONE
MILLION AND 00/100 DOLLARS ($1,000,000) per occurrence combined single limit for bodily injury liability and property damage. This shall
include, but not be limited to, automobile liability of owned vehicles, hired and non-owned vehicles, and employee non-ownership. All insurance
coverage shall be with insurer(s) licensed by the State of Florida to engage in the business of writing of insurance. The City shall be named on the
foregoing insurance policies as "additional insured." Nextel shall cause its insurance carriers to furnish insurance certificates and endorsements
specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under
such policies will be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. If the
City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by Nextel in
accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify Nextel in writing thereof within thirty (30)
days of the date of delivery of such certificates and endorsements to the City. The City, at its discretion, reserves the right to require Nextel to obtain
reasonable increases in the insurance coverage set forth in this paragraph. Nextel shall continuously maintain such insurance during the term of this
Agreement in the amounts, type, and quality as required by this paragraph.
19.0 Indemnification and Hold Harmless. Nextel shall indemnify and hold harmless the City and its employees, officers, attomeys,
agents, and contractors from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability to the person or
property (including reasonable attorney's fees through any and all administrative, trial, post judgment and appellate proceedings), directly arising
from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Nextel's and its employees,' agents,' and
contractors' use and occupancy of the Subleased Parcel, Tower, and utility and ingress and egress easements. This indemnification shall survive the
expiration or earlier termination of this Agreement.
This indemnification provided above shall obligate Nextel to defend at its own expense or to provide for such defense, at the sole option of
the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the
City or its employees, officers, and attorneys which result from Nextel's and its employee's, agent's, and contractor's use and occupancy of the
Subleased Parcel, Tower, and utility and ingress and egress easements. In all events the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This
indemnification shall survive the expiration or earlier termination of this Agreement.
20.0 Standard of Care. [n using the Subleased Parcel, Tower, and utility and ingress and egress easements, Nextel shall use that degree of
care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality.
21.0 Termination. If Nextel defaults in fulfilling any of the covenants of this Agreement and such default shall continue for sixty (60) days
after Nextel's receipt of written notice from the City specifying the nature of said default, or, if the said default so specified shall be of such a nature
that the same cannot be reasonably cured or remedied within such sixty (60) days and Nextel shall not in good faith commence the curing or
remedying of such default within such sixty (60) days and shall not thereafter diligently proceed therewith to completion, then in any one or more of
such events this Agreement shall terminate and come to an end as fully and completely satisfied and Nextel shall then quite and surrender the
Subleased Parcel and the right to use the utility and ingress and egress easements as provided herein and remove its communication equipment and
related facilities as set forth in Paragraph 32.0.
22.0 Nextel's Signatory. The undersigned person executing this Agreement on behalf of Nextel hereby represents and warrants that he/she
has the full authority to sign the Agreement on behalf of Nextel and to fully bind Nextel to the terms and conditions set forth in this Agreement.
records.
23.0 Not Recordable. The parties understand and agree that neither this Agreement nor any sublease shall be recorded in the public
24.0 Hazardous Materials. Nextel represents and warrants that its use of the Subleased Parcel, Tower, and the utility and ingress and
egress easements will not generate any Hazardous Material, nor will it store or dispose on or near the Sublease Parcel, Tower and the utility and
ingress and egress easements, any Hazardous Material, in violation of any applicable law or regulation. Nextel shall indemnify and hold harmless the
City and its employees, officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal injuries (including but not
limited to death), or liability to the person or property (including reasonable attorney's fees through any and all administrative, trial, post judgment
and appellate proceedings), directly arising from the generation, storage, disposal, transportation or use of Hazardous Materials by Nextel and its
employees, agents, and contractors on the Subleased Parcel, Tower and the utility and ingress and egress easements in violation of any applicable law
or regulation. For purposes of this Agreement, Hazardous Materials shall mean gasoline, petroleum and other petroleum by-products, asbestos, any
substance known by the state in which the Subleased Parcel is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or
waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This indemnification shall survive
the expiration or termination of this Agreement.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:18 AM /Page 13
',
Market: Central
Site No.: FL2073B
Site Name: Gardena
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25.0 Liens. Nextel shall keep the Subleased Parcel and utility and ingress and egress easements free from any liens arising out of any work
performed for, materials furnished to, or obligations incurred by or on behalf of Nextel. Nextel shall also hold the City harmless against any such
liens and shall take immediate action to remove any such lien should one be filed against any property owned by the City as a result of work
performed or as a result of under this Agreement for or on behalf of Nextel.
The City waives any lien rights it may have concerning Nextel's communications equipment which are deemed Nextel's personal property
and not fixtures ("Collateral"), and Nextel has the right to remove the same at any time without the City's consent.
The City acknowledges that Nextel has entered into a financing arrangement including promissory notes and financial and security
agreements for the financing of the Collateral with a third party financing entity (and may in the future enter into additional financing arrangements
with other financing entities). In connection therewith, the City (i) consents to the installation of the Collateral; (ii) disclaims any interest in the
Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress
for any rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings.
26.0 Condemnation. If the whole of the Subleased Parcel or utility and ingress and egress easements, or such portion thereof as will make
said parcel unusable for the purposes herein subleased, are condemned by any legally constituted authority for any public use or purpose, then in
either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be
accounted for as between Nextel and City as of that date.
27.0 Damage or Destruction. Notwithstanding any other provision of this Agreement, Nextel shall bear the risk of loss or damage to its
communications equipment and personal property on the Subleased Parcel, Tower, and utility and ingress and egress easements, except to the extent
such loss or damage is caused by the negligence or willful misconduct of the City. Under no circumstances under this Agreement will the City be
liable to Nextel for economic loss, lost profits, loss of business, loss of market share, or any other incidental, punitive, special or consequential
damages of any nature whatsoever even if informed of the possibility of such damages.
28.0 Maintenance. Nextel shall be solely responsible for maintaining its communications equipment and personal property in a safe and
good condition, working order and repair. Nextel shall be solely responsible for promptly repairing damage to its communications equipment and
personal property. Nextel shall keep the Subleased Parcel, Tower and utility and ingress and egress easements free of debris and anything dangerous,
noxious, or offensive in nature which would crease a hazard or undue vibration, heat or noise.
29.0 Utilities. Nextel shall provide for its own utilities and shall be responsible for paying such utilities.
30.0 Taxes. Nextel shall pay any and all taxes and assessments levied upon Nextel's communications equipment and personal property
used or kept on the Subleased Parcel, Tower, or utilities and ingress and egress easements.
31.0. Rent. Nextel acknowledges and agrees that Nextel shall pay APT Two Thousand and No/100 Dollars ($2,000.00) per month to
sublease the Subleased Parcel and that rent shall be increased on the anniversary of the commencement date of that sublease in an amount equal to
four percent (4%) of the previous years rent. Nextel also acknowledges and agrees that the City shall receive fifty percent (50%) of the
aforementioned rental proceeds from APT pursuant to the Site Agreement. Nextel agrees that the sublease rental amount shall not be decreased or
eliminated without the express written consent of the City. Should Nextel fail to make the rent payments under the sublease, the City shall have the
right in accordance with the provisions of Paragraph 21 herein, to immediately terminate this Agreement and in such case Nextel shall also
immediately remove its communications and related facilities from the Subleased Property and utility and ingress and egress easements.
32.0 Removal of Equipment. Upon termination of this Agreement, Nextel shall, within sixty (60) days, remove all of its communications
equipment and related facilities from the Subleased Parcel and utility and ingress and egress easements and restore said property to its original above
grade condition. If such time for removal causes Nextel to remain on the Subleased Parcel after termination of this Agreement, Nextel shall pay rent
directly to the City in the amount of Four Thousand and No/IOOths ($4,000.00) per month until such time as the removal of the communications
equipment and related facilities are completed. Upon termination of this Agreement and removal of Nextel's communication equipment and related
facilities, Nextel shall be released of any liability occurring on the Subleased Property and utility and ingress and egress easements after such
termination and removal.
33.0 Modification. Modifications of this Agreement shall only be made in writing signed by both parties.
34.0 Compliance with Laws. Nextel shall comply with all local, state, and federal laws and regulations regarding the construction,
placement, maintenance and use of Nextel's communications equipment and related facilities.
35.0 Signs. Except for signage required by any applicable governmental entity, Nextel shall not place any sign(s) on the Subleased
Property, Tower or utility and ingress and egress easements.
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:1 S AM /Page 14
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i ~~ ,
' ~
Market:~Central
Site No.: FL2073B
Site Name: Gardena
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above.
[EXHIBIT ONLY -NOT EXECUTION COPY] [EXHIBIT ONLY -NOT EXECUTION COPY]
Signed, sealed and delivered in CITY OF WINTER SPRINGS,
the presence of: a Florida municipal corporation
Witness By: Ronald W. McLemore, City Manager
Print Name:
Witness
Print Name
NEXTEL SOUTH CORP.,
a Georgia corporation, d/b/a
NEXTEL COMMUNICATIONS
By:
Witness Print Name:
Print Name: Its:
Witness
Prin[ Name
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:18 AM /Page 15
'.
Market: Central
Site No.: FL2073B
Site Name: Gardena
,i
EXHIBIT A
~, ,
to the Telecommunications Tower Collocation Consent Agreement dated , 2000, by and between the City of
Winter Springs, Florida, a Florida municipal corporation ("CITY") and NEXTEL South Corp., a Georgia corporation d/b/a NEXTEL
Communications.
The Leased Property is described as follows:
Parent Tract Legal Description
Lots 1 through 25 and including Hoover Street, Lumell Lane, and the South one-half (S 'h) of 2"d Street of Luttrell Park according to the Plat thereof
as recorded in Plat Book I1, Page 44 of the Public Records of Seminole County, Florida, being a portion of Lot 27, Block B of D.R. Mitchell's
survey of the levy grant as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida, lying Northeasterly of State Road 419
(Sanford-Oviedo Road).
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando 8/8/00 11:18 AM /Page 16
__. __ , _T T.... __-__
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Market: Central
Site No.: FL2073B
Site Name: Gardena
EXHIBIT B
PAGE 1 OF 2 PAGES
to the Telecommunications Tower Collocation Consent Agreement dated , 2000, by and between the City of Winter
Springs, Florida, a Florida municipal corporation ("CITY") and NEXTEL South Corp., a Georgia corporation d/b/a NEXTEL Communications.
The Subleased Parcel is described shown as follows:
FL 2073-8 Gardena
Not To Scale
Nextel Leased Promises
Approx. dimensions (25_ x
Of Nextel Premises
„~ ~ 1 >a
~.~ .~.
[lO.awG OPJI MO-00
.ur ~cr:~ m,nm
LbLTIIG ~' p.
tJlyl uuc RMC! -~
w/ ~ sr+~11DS law6[9 .ML
Nextel Access Road '1
\` ~ h.'r
l
Nextel Utility Easement
\70'. tu~i:ll
\ c,•. a .,
KCiC: ' MIL11
dal'
la•~
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~cc=ss/u ~ it.irr
EAS"_MENT ~
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Cy1SbIC 7H'
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f ~ ~ ~ ~~ "yr (! Ctti'OrIC ie
''y j Il v~.ly wP / ~i ~.T~_. .~k~f{'• f m.CICIC
. ~ C~IY7~ 1lMCw10YT ~~. \K ' .,
~,y a.
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Ir . aas',a
h ~ /o `-Jyp°DiCe wool` '
Ir `` ~\'•' ~~t•
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~/ ~, T nor ~d • !~`~ `~ ~ \J
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~~ ~~ ~~`'`~- ~" s~ Nextel Tower Space a
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ti
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Uiillpr ~~ pl yCC/ ~' ^ /' tC11C IWiirK ~XS1rIC YCTI hAM
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
a ~ r. ~ ~ i ~ ~ . 1 ~~ ~
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Market: Central
Site No.: FL2073B
Site Narne: Gardena
EXHIBIT B
PAGE 2 OF 2 PAGES
to the Telecommunications Tower Collocation Consent Agreement dated , 2000, by and between the City of Winter
Springs, Florida, a Florida municipal corporation ("CITY") and NEXTEL South Corp., a Georgia corporation d/b/a NEXTEL Communications.
The Subleased Parcel is described/shown as follows:
FL 2073-B Gardena rouNO MC. POST Not To Scale
N.e. CORNEQ, t.0i I6
\ DIOCK 0, ~`r 6111411
\ \ Nt 1-115 PARCSI,
\
CORNED \ \ a o. .
Nextel Leased Premises 'CT FOUND ~ , ` =~FSg_vnurr us~uFatT
,,, `, ~ ~ ~'~ISTINC REiENT10N PCND
Nextel Access Road
Nextel Tower Space at
i 5~ ' RAD center
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Nextel Utility Easement \ `~
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,,,~ ,v,, ~s,
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0 i "''t s~•9r ~~ ~ ~L~pE~
/ ~ / ~ \ \
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Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
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Market: Central
Site No.: FL,2073B
Site Name: Gardena
EXHIBIT C
to the Telecommunications Tower Collocation Consent Agreement dated , 2000, by and between the City of
Winter Springs, Florida, a Florida municipal corporation ("CITY") and NEXTEL South Corp., a Georgia corporation d/b/a NEXTEL
Communications.
The easements are described as follows:
15' UTILITY EASEMENT "A":
All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East,
Seminole County, Florida, being a portion of Luttrell Park according to the plat
thereof as recorded in Plat Book 11, page 44, Official Records of Seminole County,
Florida, and being a 15 foot wide utility easement lying 7.5 feet left and right of the
following described centerline:
Commencing at the Northwest corner of said Luttrell Park; thence South 18° 58' 10" West
a distance of 157.00 feet to a point; thence South 71° O1' 50" East a distance of 36.44
feet to the Point of Beginning; thence South 26° O1' 48" West a distance of 17851 feet
to a point; thence South 18° 58' 10" West a distance of 129.59 feet to a point lying
7.50 feet Northeasterly of the Northeasterly right-of-way line of State Road No. 434;
thence 173.81 feet, along the arc of a curve lying 7.50 feet Northeasterly of and
parallel with said right-of-way line, said curve being concave to the Southwest, having
a delta angle of 00° 18' 33", a radius of 38429.24 feet, a chord bearing of South 38°
02' 18" East, and a chord of 17381 feet to the Point of Termination.
15' Ingress/Egress Easement:
All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East,
Seminole County, Florida, being a portion of Luttrell Park according to the plat
thereof as recorded in Plat Book 11, page 44, Official Records of Seminole County,
Florida, and being more particularly described as follows:
Commencing at the Northwest corner of said Luttrell Park; thence South 18° 58' 10" West
a distance of 157.00 feet to a point; thence South 71° O1' S0" East a distance of 44.44
feet to the Point of Beginning; thence continue South 71° O1' S0" East a distance of
15.11 feet to a point; thence South 26° O1' 48" West a distance of 178.81 feet to a
point; thence South 18° 68' 10" West a distance of 151.82 feet to a point on the
Northeasterly right-of-way line of State Road No. 434; thence 17.80 feet along said
right-of-way line, along the arc of a curve, concave to the North, having a delta angle
of 00° O1' 36", a radius of 38436.74 feet, a chord bearing of North 57° 54' S5" West,
and a chord of 17.90 feet to a point; thence North 18° 58' 10" East, departing said
right-of-way line, a distance of 142.97 feet to a point; thence North 26° O1' 44" East
a distance of 176.94 feet to the Point of Beginning.
15' Utility Easement "B":
All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East,
Seminole County, Florida, being a portion of Luttrell Park according to the plat
thereof as recorded in Plat Book 11, page 44, Official Records of Seminole County,
Florida, and being a 15 foot wide utility easement lying 7.50 feet left and right of
the following described centerline:
Commencing at the Northwest corner of said Luttrell Park; thence South 18° 58' 10" West
a distance of 157.00 feet to a point; thence South 71° O1' S0" East a distance of 51.83
feet to the Point of Beginning; thence South 02° 17' 44" East a distance of 110.00 feet
to the Point of Termination.
Site Number: AZE015-B
Site Name: Ciry of Winter Springs
Market: Tampa/Orlando
~ ,
,.;
Market: Central
Site No.: FL2073B
Site Name: Gardena
Prepared by:
Paula Hickman, Senior Attorney
Nextel South Corp.
2500 Maitland Center Parkway, Suite 300
Maitland, Florida 32751
Phone: (407)838-0076
Fax: (407) 838-0090
Return to:
Nextel South Corp.
851 Trafalgar Court, Suite 300E
Maitland, Florida 32751
Phone: (407) 838-0076
Fax: (407) 838-0090
MEMORANDUM OF AGREEMENT COVER PAGE
Licensor:
Licensee:
APT Tampa/Orlando, Inc., a Delaware corporation
Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications
Legal Description (Abbreviated):
i ~
'. ,
Lots 1 throueh 25 and includine Hoover Street, Luttrell Lane, and the South one-half tS %:l of 2"d Street of Luttrell
Park according to the plat thereof as recorded in Plat Book 11, PaEe 44 of the Public Records of Seminole County,
Florida, being a portion of Lot 27, Block B of D.R. Mitchell's Survey of the Levy Grant as recorded in Plat Book 1,
Page 5, of the Public Records of Seminole County, Florida, lying Northeasterly of State Road 419 (Sanford-Oviedo
Road).
Assessor's Property Tax Parcel Account Number(s):
Site Number: A2E015-B
Site Name: City of Winter Springs
Market: Tampa/Orlando
8/8/00 11:18 AM /Page 20