HomeMy WebLinkAboutDELETE Bellsouth Mobility Lease Agreement -2000 11 13Sent By: BWS; a07 425 9596; Oct-20-00 12:35PM; Page 3
LE ~-GRFsEMENT
TINS LEAS$ AGR3~MLIVT is mwde this 13 ttstay ot1J• ovemhe~000, betwaen the G'Y'T'Y
OF WINTER SPRINGS, a Florida Mtmicipal Corporation, whose addres, u 1126 East State Road
434, Winter Springs, FL 32708, nrereisafter designated "City's and BELLSOUTH MOBILITY
IIYC., a deorgia corporation authori~od to do bwirxss in the State of Florida wit4 o~iees at 5201
Congress Avenue, Boca Raton FL 33487, (lureina~er designated "Tet~m").
IZECTTALS:
WHEREAS, Tenant desires to tease from City the real property for purposes of
constructing, operating, sad maintalriing a telecornmutticatioms tower sail antennae wad related
appurtenances for purposes of providing airekss telecommunic~tlon services; and
WHEREAS, by adopting the Teleoo4rtmunicahoas Act of 1496, the United States Coragtess
has indicated that the development of tekcocaulunications iafiylatiucture is a national priority; and
WHEREAS} the parties believe that this Lease Agreelncnt is consistent with, and
implements, the national priority established by the United States Congress in the
Telecommwaications Act of 1996; and
WHEREAS, the parties believe that the implementation of this national priority through this
Lease Agreement serves a public purpose.
W>fIEI2EAS, City desires to lease the rral property to Tenant for the public and private
Purposes stated therein.
NOW THEREFORE. in consideration of the foregoing premises and other good and
valuable cousidt"tation, the receipt and sufficiency of which is hereby ackaowledgod, the City acrd
Tenant agree as follows:
L~.ASE AG(~LEE1yIE1~Ci'
1. Ral Property.
City hereby bases to Tenant that certain parcel of t~l property located in Seminole County,
State of Florida, togtther with the n~oi--exclusive right foe ingress sad eggs, se~-ett (~ days a week,
twenty-four (24) hours a day, oa foot oc motor vehicle, including iluclca, and far tha installation and
maintenance of utility wires, cables, cordufts and pipes over, varier a aEa®g a twenty foot {ZO') wide
non-acclwive right of it~regs and egress e~ct~in8 fiom the ncaost public right of way, namely
Road . to the Lease Property. The Lease Property is more specifically dssa~ibed
htrela 111 F~clnblt 'A" Which u atf~C~lOd lureCo ~ nude apart +~~~ Si1d Lease t'ropaty ~ I30A-
exelustve ngllt of trlgn.4S and egress shat! be hereittafler referred bD ae "Crane P'roPeriY". City sttttll
6cU5oud~ Mo6~ky Opdaa sail I.aa Aa~at
Oetoba tT, 2000
8T/Zy'd tf~OH 31li153 "1ti32! OV.ST 000G-bt-S~0
SoTaM `O ueW2Ts3'P•1BM '4...0.9 <- 'Wdel:E 00/9~/O- :Panco:adN
z aped " v'd
Senx By: BWS;
407 425 9598; Oct-20-00 12:38PM; Page 4
coapcratc with Tenant in Tenant`s effort to obtain utility services along said Lease Property by
signing such documents or easements as may be required by said utility companies and as may be
lawfully signed by City w feather the purpose of this Lease Agreement; provided, however, the
foregoing fasaguagc shall not be inurpreud as requiring City ~ grant or expediu the consideration
of any type of permit, ordinanoc, resoiution, ~ approvaL All utilities to the Lease Property shall be
separaoely metered in Tewat's name and paid for by Teoaat. In the evau aiay public utility is unable
to use the aforementioned Lease Property, City hereby a;rces a cooperate with the Tenant in
locating an elteraativc suitable right of way or tttiiity easeatent either to the Tenant or to the public
utility at no additional cost to the Tarrant otlta rhea the rental amount sta+oed is this Lease
Agreement, ptovidod that to do so is conslstettt with all requirements of Fedtaal, State, and local law
and is determined trot to be adverse to the public interest. In the event that ao Suitable right-ofway
is made available that is acceptable to Tenant or ttte public utility, Tenant may iramedlately
tcrzrtiaau this Agreement withouR any ftaRha liability hemtnder, and City shall return to Tempt atty
Prepaid raft attn'burable, ort a pro rata basis, oo tittle periods alter said terrnitratiou. Further, Tenant
agrees that it shall carefully eoordinatt al! applioaaom for easements or other documents involving
anry type of governmental approvals with the Miry, and that to that end City shall not be astral to join
in or consent to any submittal w a govetnmetYtal entity without an adequate opportunity for City's
professional staff or consultants to review the setae and advise City. City shall have the ability to
ask Tenant to include cttattges to its permit applieatioro provided the changes: (a) do not add
significantly to Tenant's development costs, (b) do not result la a significant delay, (c) are ~t
contrary to Tenant's developrnatit plan and (d) do not impair or alb the TeaanYs inbendod use of the
Lease Property.
Z. Satvey, Relocation.
City also hereby grants to Tenant the right to survey said Lease Property, and the legal
description on said survey shall then become Exhibit `B`, which shall be atiech9d hereto and made
apart hereof and shall cool is the event of discrcpaxics between it an Exhibit "A". City greats
Testant the right m take maw, make ~. and to note other strucaaos, actbacks, usss
or other infozmatioa as reasonably deegttd by Tenant to be t+devartt and pertinent, as such
infotmadon relates to City's real property, leased or otherwise abutting or surrousidialj the Lease
Property. Cost for such survey wort shall be solely borate by the Tenant. If as a result of any tests
or investigations conducted by Temtu, ar if required is comxtion with obtaining nay necessary
xvning approvals err other oerti8cates, pet~ositt-. licxnsea, or approvals, Tenant desires to relocate all
or nay portion of tba Lease Prvpccty to other portions of City's adjacrnt property, City agrees to act
in a reasonable and timely meaner with respect to the approval of such a relocaud sine.
3. Term; Rental Piq-ments.
This Lease Agreement steal! be for an initial term of Rve (S) ya~rs beginning on the date this
Lease Agreement is fully execuoed by bath parties. Tenant shad! hive the option to extend this Lease
Agrexmeat for three (3) additional Svc (S) year t~ and such tactensions shall automatically occur
unless Tenant given Cary written aotioe of its irnttntIoa not to extend this Lease Agr+eemeat at least
six (~ months prior to the end of the crarent tam. The t~rst six months (ti) months neat shall be One
9sliSoud~ 1~1osHity opt;oh and Lwo Apesmcnt 2
o~ 17.2000
8TiE0'd ttJ06 3ltils3 ~ti3a ev:Si 000-6T-1~0
F~ ..Ovd •y~d voc anti 9 uawz Teg'p.~~m 'un~o .~y ~- 'Wd9l:C 00/81/Ol :pens amend
Sent By: BWS;
407 425 9596; Oct-20-00 12:37PM; Page 5
Thousand Five Hundred and no/100ths Dollars (S 1,500.00} which shall be due and payable to the
City in full upon execution of tl~;-s Lease Agt>~ment. Notwithstandingany other termination rights
available w 7enartt under thin Lease Agreement. Tenant, u its :ole and absolute discretion, shall
have the right to terminate this Agcamcnt at any time during the first six months (~ months with
5ve (S) days prior written notice to City. Notice of the Tenant's exercise of its right to terminate
shall be given to City in eocosdaaee with Pat~aph i S. hereof, and shall be effective upon receipt
of such noticx by the City as evidenced by the tonun reaipi or aclmowledgment of rcCC'lpt, as
applicable. The remaining six (6) months ttrt for the first lease year shall be Fifteen'17iousand and
noll00ths Dollars (815,000.00} which shall be due and payable w the City in hill prior to bagintiag
of the seventh mornh under this Lease Agreeonern. The rental >a»ount for the second lease year
under this Lcasc Agreement slmll be Thirty-Once Thousand Five Hundred stud no/100ths Dollars
(831.500.00) which shall be due atyd payable in fall is advance of the second anniversary from the
e~'ectiva daft of this Leese Agreement. 'fie rental amount for each eubsequsnt lease year shall be
equal W the rental amount of the preceding lease year Plus Rve pe<cent (Syi) of theft amount. (For
example, the rental amount for the third htasa Year sludl be S31,S00.00 x 1.05 = 533,075.00 and so
on until the end of this Lease Agreement.) Rmta1 payments shall be due and payable in advancx err
each anniversary from the effective date of this Lease Agroea>,ent. Rental payments shall bo made
payable to the City of Winter Springs or to stuh other petso4 ~ m' place as the City naay, from
time to fume, designate in writing at least thirty (30) days in advance of any rental payment. If TmaAt
fails to pay the rental prooeeda within ten (10} days of when dun, Tenant shall pay a late fee to
Tenant in the amount of five percent (S%) of the delinQuent payment.
4. Use of Lease Proprrty
Except as provided in this paragraph 4.0, all other uses of the Leased Property by Tenant eme
prohibited.
a. ?anant's Us.. Textaat shall use the Lease Property for the purpose of
en~c~,g, maintaining and opdtadng a wireless telooommuad tovuer (the `Tower's and uses
lrre'uiental thereto. o~ Of an oquipttteat pardlshzlter or building or buildings as naessaty now
or in the futuro to s6eher telaoomanunic~ati~ons equipmenR, a generator and related o$ce space, e- free
standing trtonopole of a height of one huzidTCd sixty-8ve fat (165') above grolu-d Iewel (AGL}, and
all attxsserY ~~8 ~ ~~ cefe~rred to as "CarnmwiicationsFncility"). 7hc
monopole shall provide for a total of five telecxa~unic~tlo~n carriers, itxludlag Test uud City.
The second apace from the top of oa the atvnopole shall b>r for Qu ~ sex~ust ~~ ~~ the
rental amounts received from said second space shall be aegodatod by
City; provided City's use does not extxe0 the capacih' requirement of a typical cellular
communications provider and said use dean not intafero with nay othcs user of the CoQmmnicetiaats
Facility in placx prior to City. Ice the event that the City's use interferes with any pre-existing user
of the Tower, including Tenant, City ahal! rectify said intetfrrenoe witlur- 4811°>ns dim °°ti°0' If
such intccferet~ee is not reeH6ad within said 48 hour period, City shall turn off po Ito dte
offending equipment (e~ccept fa i~ittent power !or i~er6a~eswe testing pe~ocedwces).
ea it, discretion modify its antenna structure or builcliag(s) consistent with the Communications
Facility allowed under this subparagaph- A aeeaaity faux conssating of chain liralc oor>;sttuetion or
HellSoum MoeMld optima ~d t.edc Apes>~a~
oaoeR u, zooo
BIiVO'd ti~Ofl 31d1S3 1tl32~ Ov:SI 00211-6i-1J0
p •Oed 'V'd oite/M 4 v~au~z TSS'p-~eM •uMC, .,g <-
Segt By: BwS;
a07 425 9596; Oct-20-00 12:37PM; Page 6
similar but conspatable construction shall be placed around the perimeter of the Lease Yropcrty {not
iccch,dirtg the twenty foot (Z0~ ingress and egress right ofvrsy). All of Tenant's improvements shall
be at Tomcat's sole gcpcngc. Upon prior written approval of City. Tenant may temporarily use
adjoining and adjacaet lucd undo Clry'a contirol as is reasonably rcquired during construction,
instaUatlon, maintenance, and operation of the Comcnunia~tious Facility. At all tosses, Tenant will
tnaurtain the Luse PrapertY in a good, safe aad reasonable condition. It is utsderstvod and agreed
that Taaant's ability to scse the Lease Property is contingent upon its obtaining aRer the execution
date of this Lease A®rerlnent, of all the oetti~catee, permits acrd other approvals that may be regwred
by any f.edecal, state or local authorities. City shall cooperate with Tenant in its effort m obtain each
approvals. City agrees to sign such papaya as are customar;ly and reasonably required to Sle
applications with the appropriate aoctiu6 authority and/or comaaissioa for the proper ~oaing of the
Lease Property as required for the Teasat's intended user art forth in thin subparagraph. Ta+smt will
perform all other acts asd bear sll expeoaes associated with the inning procedure. City agrees not
to register any written or verbal position to the mnio$ pcooeduKS, providing ?errant': xooi~ request
is coaststcnt with this Lease Agre~tseat. Notwithstevnding ~Y °'~ ~rminatiam rights available to
Tcnactt under this Lease Agregnent, Tenant, at iL4 sole act absolute distTCtiou. shall have the right
to terminate this Agtoeasaot w~ a~Y ~) ~Ys PtiOt written notice to City. Notice of the Tertutt's
exercise of its right to terminate shall be given to City in accordance with Paragcapit 1 S. hereof, and
shall be effective upon receipt of such tmtice by the Ciry as evidenced by the rrtura receipt or
aclmowledgment of raeipt, as applicable. All r~atals paid to said teramaativn date shall be remitted
by the City. Upon such tcrmiuation, Chia Lease Agreecrsant shall become null and void and all the
parties shall have ,so fiutlier obligations, including the payment of moray, to each other.
b. Colloartiota oa Lease Property. It is the City's desire m Brant the
leasehold interest provided for heroin to the Tenant in order to prCVCat the proliferation of
t;oaansunicatioa Facilities within the City of Winter Springs. 1ltetefore, the parties hereto
specifically agree that the Tenant shall allow at least fora other teiooommsmicatioa coanpa~nies {m
throe of such companies and tht Ciry), said tclocommunicadoa systems being siatiiar in naxtnre to
those of Tenant, inchuding direct competitors of Tenant to vo-locatr altt~e fa~cil-tks on th°
monopole to be erected on the Lease Property during titre teen of the Lease a~ buildings on the
ground space. Ro£usat to make the monopole available wother oo-usa~s on a reawaable basis shall
constitute s mateertal breach of this Lease Agreement and entitle City to terminate this Lease
Agreement without pacalty. The oo-location spacx wbicb is the second from t>re top shall be
exclusively resen+od fa City's use. Further, nothing contained in this paragraph shall obligate
Tenant to allow co-location of antemrae facilities ost the monopole which would vareasouably
interfere with the primary use of the monopole by tl~ Tenant. Other winless tclccomasunications
provides which collocate their antausnc and rclaud appurtenances on the Lease: Property, shall be
required to first execute a coaaecst agreerndnt with lire City under terms acrd conditions substantially
similar to the farms acrd conditiozs oontauaed ;n this Lease Agraema~ lacltrding' but rEOt limited to,
ca-locator directly paY~ ChY the collocation rent, oo-locator separately ~le8 6ro~ ~ for
its equipment, and further provided that the co-locator fisllr abide by such ooveaanuc and conditions
as are contained herein to proUect City's properly. Ciry agrr~s that said consent agceemetna with co-
locswrs shall not contain terms which, on their fade, extend beyond the term of this Lease
Agi^cetrreat. All co-locators {with dye exception of the oa~paat(s) of the City's space as provided
~nswe~ Moeuny opioa,aa lane ~ s
Otloba l1, 2000
et iS0 . d ti00H 314153 ~t1~ ~ b : S t 0902-6 T -1~0
Q a0ed 'd'd esL~M 4 new=TeS'v.~sM 'un+o..tl <- ',VdL t:6 AO/B~/OL :PanT •~oH
Sept By: BWS;
407 425 9596; Oct-20-00 12:38PM; P2ge 7119
in Patagr'aph 4. a.) shall pay City a monthly rental amount of pne Thousand and no/100ths Dollars
(51,000.00) per month which shall be made payable as required in the consent agreernont. Said
monthly rental amount (plus say sales tax due) shall be the total amount Payable for the City's
consast. To the extent feasible, all co-locators' ground equipment slsall be located within the Lease
Property.
c. TcnsaN: Maintetuate. Tenant shall have the sole responsibility for the
maint~arsce, repair, and sectaity of the Least property and its Commwoicatioas Facilities sad other
Property and equipment of Tarwtt locates thereon, and shall keep the same in good repair and
condition during the tam of this Lease Agc~earsecst. Tenant shall keep the Lease Property >ra of
debris and any dangerous, naxions, or o8atsive material which would create a hared or interfere
with the Leased Property and City's suaoundin8 Pr'oP~Y. Unless othervvix agtaed by City,
maustasana and repairs to Tensiat's Consmmsication Facilities which have the poriotstial to create
noise or be disruptive shall be t+estricted between Ilse hoary of between 7:00 am. and 7:00 p.m.,
Monday through Saturday. excluding holidays. Notwithstanding anything wntain~ hereirs to the
contrary, attergency t~epair's to tie Lease Property (e.g., repairs or maintenance necessitated by an
interruption of Tenant's services as d~a~osined in Tenmf s discretion) may be Graduated at any titnc
as reasonably required.
d. Lighting Color oiMoaopole/Bnr'IdMg. Tenant shall r~ctain the
galvanised steel ffrush of its motwpok so that it that blends wilt the surrauoding area. Tenant shaA
paint its equipment building a eola~r that blends with the svcrounding area and shall maintain rise
paled is an appropriate manta' m make the building as unobtrusive as possible. thsless eiffittnativdy
requited by Federal or State law. the Tatam shall not affuc asry type of aerobe ligist to the monopole
or place the same on the Lease Property.
e. Coaaplituce with I.tu's. Taoeat ahali comply arlth all preseoR and
Federal, State and local laws, roles and regulatlons k con~tion with the installation, use, operation,
repair, and tnaintensace of the Lease Property. monopole, and other Communication Facilities.
Fallure to comply with such laws, rules, and regulstions shall ooostitute a material breach and default
under this Gesso Agreennem. Terlammt sbaU be solely responsible for any pcaalties sad fines arising
out of or in any way connected with the viohttwrs oly or noa-c~mpliaace with, such ltws, ntles, and
regulationx. Notvvidsstanding t3se foregoing, Tenant >1sa11 rat be respomibk for violations of laws,
rules atsd regulations with respect to easy pn-existin8 condition of the Lease Property or rnattera
caused by City or third Dartiw.
5. Tenant llnaannlty and HoM Harmlkas.
Tenant shall irsdemnify sad hold harmless City and its o$lcen, employees, attorneys, sad
ageasts from and against evuy derssaad, claim, cause of action, ludgaseat sad expanse, including
reasonable attorney's fees through all trial, adminisMrive. post judgment, sad appdGa° n~~
and all loss and damage arising from any injury (iaciuding death) or damage to the person or
property of Tcnaat or to the person or property of Tenant`s agave, servants, employees, guests,
invitees, or to any other person or persorpl pcope:rY oa the Lease Property. irccludirsg, but not limited
ea~sa,m >s~~ opwn erne t.ws A~nian
oaeeer t ~, 2000
8t~90'd ti~09 31!1153 ~ti3a TD:ST 0002-6T-100
g ef~.+d -y'd ssTeM ~ u..wzt~g'A.~eM 'UM0.~6 <- ~,ydCl:C 00/8l/Ol :PSnT•Oay
Sett By: BwS;
407 425 9596; Oct-20-00 12:39PM; Page 8/19
to, City's agents, secvant,> employees, guests, invitees, and persoeal and real prapeaty; (i) where the
injury or damage is caused by eras act or omisaioa of Tent, its ageutsy servaoRs, employees or any
other person entering upon the Lease Property under express or implied invitation of Tenant; and
(ii) where the injury or damage czsults from the violation creatod by Tenant, its agars, servants, or
employees, of any taw. ordinance or governmental order of arty kind, or of the provissans of tfiis
Lessc Agreement; and (iii) where the irwjury or damage is in ergs way related to or conrrocted with
th,e conduct of Tenant's rue and oceupataey of the Lease Property.
a. IndemniG~ation Condition. This inderru>ifiation shall obligate the Tenant
to defend at its own cxpcox or m provide foe such defcatse, at the oprt(on of the City as tba case may
be, of any and all claims. liability and all stun and ae~ioru of every nano and deacrtption that may
be brought sgai~nst the City or its employees, officers, attorneys, and aeeats for which Tensttt has
as iademaificatory obllgauoa ur>der Paragraph 5.0, except ltiowever, such claim9 ar damages as may
be due or caused by the City, or its servants or agents. Such irtdeatmification shall be satisfiod withiat
the policy litaitations by the existence of the insurance wvetrtge required by this Lease Agreement.
For any claim is excess of the policy limitxt[ar~s spod8ed is this Lease Agreement. or for sap+ eiaitu
which is occluded fmrn the policy required in this Lease Agrreement, the Tet>aut may be subjoct m
any legal or equitable ps+oceedlrtgs arisirtg fiom this iadc~tttzrity. The City steel! be peaaitted w
choose legal counsel of its mle choice, the ~ for which shall be arbject to and included with this
indemttiHcatfonptovidedherein.
b. City's Responslbillty. City sha11 ba responsible for the acts and
omis~ons of itself and its offieess, employees, and agents to the exoent permitted by Iaw.
c. Limitt-tion of CHy's I.labllity. The obligations of City uttdcr this Lease
m do not cottsdwte pwarsorial obligations of the individuat officers or employees of City, and
Tenant null look solely m the Luse Property that is subject of this Lease Agr+~enc sad to ~ other
assns of the City for satisfaction of ergs liability in respect of this Lease and will not seek r+eeau<ae
again,~t th+e individual officacs or employom of City or any other personal assets foot such s+ttisfaction.
d. Suw,'vsl. This paragntph shall survive the termination of this Lease
Agreement until a!! applicable smtute of llmitadons have aspired.
6. Gena~al Liability Iastuance.
Tenant sha11 continuously maintain in forte, at all times during the term of rile Leafs
Agreement, and at its sole cost and txpeuse, a Cammarcial General Liability or Business Owner
Liability insurancx policy with a single limit, per occuaata, for bodily iz;jury and pt~erty damage
of not less than tJne Million artd no/100 Dollars (s 1,000,000.00) and with the City of Winter Springs
namod as as additional insurod as its interests riu-y appear from tiax zfl tune artid ~a11 submit proof
of same prior to comaiaudng consiruaion of the monopole a any Corpmunioation Facilities on the
Lease PropeRy and thcreaR,sr upon requost of the City. Failure oa the put of Tenant to meuntaia
the required liability insiaatuoe shall constitute a material breach of the terms of this Leax
Agreement. Certificates of iattuaric:e for any such insurance policy requured to be obtained by
8susoum MObHity Optloa snd Leas A{raa~aK
Oanber 17.3000
8TiL0'd t1~OH 31ci1S3 11i32J zb:Si 0002-5t-1J0
L aOBd -'V'd o9teM 1 uaWZi~9'PJeM •UMOJB <- :WORl7E 00/8l/O~ :i7bAte~ey
Sertt By: BwS;
a07 a25 9596; Oct-20.00 12:39P~d; Page 9/19
Tenant in compliarax with this p~raph shall be filed and rrtaintained with the City annually during
the term of the Lease Agxtemeat or 5kd men frequently at such time Testant changes its insurance
policy. Tenant shall imuuLedi~ely advise the City of any claim or litigation that may result in liability
to Cary. From time tp tune, the City and Teaant shall negotiate appropriate increaxs in the
minimum limits of insutaacx required in this Lease Agroenunt in coadidexatia~n of an iucxease is the
cost-of-living or changes i~ sue law or jtay ve~tdiets for dams~gas in Florida that may it~ereate
liability of Tenser or the City. Failure of the patties to agree osa sin isscs~se, the r+equirod Iiatlts for
all types of insurance coverage required shall increase by 259 over the minimum limits
as s+equirai prior to the panics commmciag negotiarioas for an insurance coverage itscrcasc.
Notwithstandins the foregoing, the pasties egret that the required iirrdt for each type of ins~nance
coverage rogttired hereunder shall not iacnw by mare than 25'Yo dusiag say 8ve year pcrivd daring
this Lease Agreement. All policies shall centers an ettdorsemmt which rzquires it least thirty (30)
days prior written >~u to the City of Wisstca 3pzings by this insus^er of arty intention net to resew
such policy or to cancel, replace a materially alter the same.
a. Oe6er lfnsnrance. Tenasrt shall also corairulously ssuuanain in forcx, at all
times during the term of the Lase Agreeoneat, and at its sole coat sad expense, an arrtosrwbile
liability iss~sranee policy covering all ovmed. hired and non-owned vehicles in use by Toaant, its
employees sad agents, with personal protection insurance and properly protection inanrancx to
comply with the provisions of state law, with sainimum lisnib and applicable nquirennesrts as set
fora in paragraph 6.0. Iu addition, workers' canpa>:ation insurance shalt be continuously
maintained which meets applicable state and federal law,
7. Taucs.
Tenwt shall be responsible for maldssg air necessary returns for and paying easy and all
property taxes separately levied or assessed against its impr+ovemeim on the Lease Property. Tenant
shalt annually srimbutac City as additional rout for my increase itt seal estate texts levied against
the Lease Property which are directly attributably to the improvesnettts wnstracted by Tenant sad
are not separatdy levied or assessed against TetwtYs is>ipt+ovements by the taxing authorities. If
Teasel fails to pay all taxes as provided above, Ciry may pay the same, and upon written roquattt,
subject to a thirty (30) dsy grate period, Tenant shall be in def~usit and City shall have all other
rccsudias available at law or u~uder this Aeroeaxat to collect and pay the taxes from Tesuwt and
Tenant shall isasnediatcly reimburx City fm the amount thereof (including penalties and interest
therrto) plus interest at a rate of 21 Yi per annum. IVotwiffistanding else foregoing, City hereby agrees
that if the taxes wltioh are levied against Tenant's imptovemetsts on the Lease Property are
incorrectly assessed, Tenant the right to appeal the tax assessment to tlsc approprurtc
goveaunental authority, said appeal shall be paid for by Tenant.
8. Reniova! of Tenant's Property Upon Tarminatioa.
Upon termination of this Lease Agi+ocment, Tenant shall. within rrituty (90) dsya. t+atrove
all of its Comenunicatiosta Fs~cilitiea ar-d ttistore the Lease Praperry to its original above grade
condition, ordinary wear and ten sad damage by casuslty excepted. At City's opdoq when thin
e.~+s~a ~eaar o~o«.~a r...~ w~,cu ~
oaoba ~ ~, =ooo
8I i80 ' d t1a06 31ti1 S3 ~ti321 Zv : S T 0002-6 L -1~0
0 YH~d -'V'd SeToM 4 ~.a~ust~rq'pJeM ~UMOJe ~c- :Wd6l:C 00/dl/Ot :DanTa~vd
Sert By: BWS;
a07 425 9598; Oct-20-00 12:40PM; Page 10/t9
Lcasc Agreement is t~ermminatcd and upon City's advance written notice to Tenant, Tenant will leave
the foundation and security feaea to become property of City at no cost to City- If such time for
r~eraoval causal Tenant to rernaia on the Lease Property beyond such ninety (90) day removal pared,
Tenant shall pay rmnt ar the then existia~g monthly rats or oa the existing annual pro-rata basis if
balled upon a forager payment term, until such time as the removal of the Comsnurrieatioas Facilities
ere completed. Notwithstanding, if at tht time this Lease Agrwmesrt terminates aaothcr
telecot»muaication provider is co-locating on Tenant's Tower. gnrsuant to an existing consent
agreement with City, Tenant may elect to: (a) rosin owrrorship of the Tower and delay such rrsnaval
to the extent naxssery to permit the co-ioeatioa(s) to continue operating under thz terms end
coadidoas of their consent agreomtnt with City, (b) transfer ar sell the Tower to an existing co-
locator in aecordaaoe with Tex»mt's sss~sser agreement with acid co-lvcaaor, pa+ovidai the adsting co-
Ioeator gees to be bound by the tarots of this Lease Agreematt, isrcludiag but not limited to, the
payment of the rent dne hereunder, ar (c) transfer the Towel to the City for its current fair marlt~et
value. Upon terminadost of this Lwse Agreattreat sad s+aaoval of Tenant's Com:aunleation
Facilities, Tenant shell be released of any liability ooatsrring on the Lease Property after such
termination sad removal, except frill removal of the Co~mmusticatia~a Facilides shall rmt be required
to rdeaae such liability if the Consmunication Facilities are required to :+anain on the Lease Property
for co-location(s) ptastta~nt m than Lease Agiteme~nt and Tenant Conveys its full is>bcreat and title in
time szsnaining ComtrtunicsttionFncilities to the City or a tdeoamsntmic~dions provider co-locating
on the Lease Property. The Cottttsrutugtioas facilities, egtuparatt, impeoveerre<sts, fixtttrrs and other
property of Terrattc sad its subtenants and/or licensees o~n the Leased Pr+opa~y shad be and ramnain
tht personal property of Torrent sadlor its asbtanaats andlor liceaseas shall be oatitlad to take or
remove all or nay portion of their respective Communicstiom Facilities, equipinant, imporovenmob,
fixtures and other property $om the Leased Property without any hindrance by, through or tmd~
City or the holder of any mortgage, deed of treat, ground lease or other ertcumba~e.
Notwithstaadinglhe foregotag provision, the Cotrarttunicatioa>s Facilities shall remain the pa~sosml
propest~r of the Tenant, but in tip event Tenet abandons Ira Commraoiattion Facilities on the Leased
Property, end if City desitas oo regain the Leased Propetty-, then at any time thereafter, City may
forthwith reesttcr sad taloe possession of the Leased Property without process, or by any other lawful
means.
9. Foture S+~k or i.we of Cih-'s Property.
Siloutd tfu Ciry, ax any time during the term of this Lease Agr+aaaattt, decide to sell all or
eay past of ib foal property which includes gee Leax Property to a putc>taser other rhea Tenant, such
sale shall be ussdar and subject >n this Lease Agreeeseat sad Teasnf s rtgtsts ha+eunder. City ap~ees
slot to sell, Ieaae or use any other arm of the larger pas+cxl upon whleh the Larse Property is situated
for the placconeat of other communications facilities if such iastaUation would cave iaterforenCo
w Tenant's ability to receive or transmit wireless communication seavicss from ?enant's
Cvssssaunicatia>a Facilities located on the Lwe Property ar the vomrrrunioetions equipment vfany
other users of the Tower, as determistcd is Tenant's discretion.
sri~s~ar ~ o~oa.~e ~ ~~
os~« i~, tooa
BTi60'd tl~08 31tliS3 ~i3a ~b:ST 0002-6T-1J0
p sOBd •'V'J ooS~M 9 ~.vr/z T~S~P~~M 'ueno .r !! <- :wd6L:E 00/8l/OL :PenT •~~tf
Sent By: BwS; 407 425 9596; Oct-20-00 12:40PM; p2ge 11~1g
10. Peaceful Eq joyment.
City covetants that Tenant, on paying the rent and performing the coverrasrts contained in
this Lease Agreenicnt shell paaoeably and quicdy have, bold and enjoy the Lease Property.
11. Title to Property.
City covenants that City is seized of good and gwrketable title and igterest t0 the Lease
Propccty and has full authority to errtar iaW and execute this Least Agreement, Subject to eny
encumbrances recorded in the public rooords of Semirale County, Florida.
12. Entire Ag~eemeutlModiScatioaa.
It is agrcod and understood tl~ thus Lease Amt eotuains all ~~ promises and
understandings between the City ewd Tenant end that ao verbal or oral agroements, promises or
understandings shall be binding upon either the city or Tenant in any dispute, cantrnversy or
proeeedi:ig at law, and aA' addition, variation or modiRcation to ails Lease Agreement shall be void
and ineffective unless made in writing and sig~aed by the patios.
13. Veoue and Jariadiedoo.
This Leasr Agreement and the performance thaoof shell be govataed, iaoDerpreted, cottstniod
and rcgulatcd by the Laws of the State of Florida. The parties hereto ages tb~at the orate or federal
courts located in the State of Flaride stall have exdtnive jtttisdicdon over the parties and the subjat
nutter of arty litigation betweart the parties hawod«. For p~uposes of state coact action, venue shall
lie within Seminole County, Florida sari Orlando, Florida, for federal coact action.
14. Liptited Assl~nment.
This Lease Agreement may not be sold, aasigaod or transferred at any time except tio: (s)
Tenant's principal, affiliates or subaidiartea of its principal or to any compat~- upoq which Tenant
is n~trged on consoGdatsd, (b) Crown Communicxtioas, Lnc. or any principal, affiliates or
subsidiaries of its prinoipel or (c) an entity with a Snancial net worth in excess of F'ifly Million
Dollars (SS0.000,000.00). As to other parties, this La~sc A~gratt Wray not bz sold, t~ss9gned or
transferred without the written coasec-t of the City such eorrsent not to be unreasonably withheld.
City will consent to co-location oa the Towar, provided any such oo-locator connplios with the
pmvisiona of subpataRtaph 4.b. ofthis Lease Agt+oemenL
15. Notices.
All notices herenader ~ bo in writing and shall be aeetned validly jlvcn if sent by
certified mail, return recxipc requested, ar by a national overnight nceiptsd delivery services which
provides aigaed acknawled ofrec.ipt (including Federal Express, UPS, Emery, Purolator,
O.u9oeti~ Mv~iliey Opt1o~ rN Lrw llpoow~nt 9
Ouobor 11,1000
8ii0t'd ti~OH 31ti1S3 '1ti3?! £b:Si 0002-6t-1~0
Ql w09d ~'V'd eBT6M • 4eW2T~8'P~eM ~UmOJg <- ~NdBI:E oo/Bt/o- 'Psnce~eN
Sent By: BwS; a07 425 9596; Oct-20-00 12:41 PM; Page 12/19
DHL, Airborne and other similar couriers delivery services), addressed as follows (ar any other
address that the party to be notified may have designated to the sender by like notice):
Ciry: City of Winter Springs
Ronald W. IvlcLcmore, City Manager
1126 East State Road 434
Wutter Splittgs, FL 32708
Phone: 407-327-1800
Fax: 407-32?-668b
Tcaaat: 9cilSouth lvivbiilty, inc.
5201 Congress Avenue
Boca Raton, FL 33487'
Attn: Network Rral Estate Manager
Phone: 561-995-3000
Fax: 561-995-3594
For Legal Notices
only, a copy to: BellSouth Cellular Corp.
Suite 9l0
l 100 Peachtree Street, N.E.
Atlanta, t3eorgia 30309-4549
Attention Legal Department
16. Binding Agcet~anent.
This Lease Agreement shall extend ~ and bind the heirs, personal representatives, suoccssors
and assigns of he pude9 hereto.
17. Naa-dirtttrbapa Instrameat.
At City's optioq thin Lease Ageoesnent shall be subordinate to any urortgage by City which
from time to time may encumber ail of part of the Lease Property, provided, hovvcver, tvvey such
mortgage shall reoog<»~e, in a form substat~ally the same as rho Sub~otdiriatiou ark Non-disnab~arwe
Agreement attached hereto as Exbr'bit 8, tho validity of this Lease Agreement in the event of a
foreclosure of city's interest and also Tet~'s right m renu~in in occupancy of and have access to
the Lase Property as long as Tmaat is not in detisslt of this Lease Agroemm~t. Teoaat shall eaoecute
in a timely manner whstevar instruments as away reasonably be required to evidence this
subordination clause. in the evem the Lease Property is e~ncuatbemd by a mortgage, the City , ao
later thw thirty (30) days aRcr this lease is acercisod, shall have obtained and famished to Tena>Yt
a non-disturbance iastrumsat in r+ocordable form for each such mortgage.
edlsoae MobiGq Optbn aw lase 10
ocaeK t~. Zooo
giitt'd ti")OEi 31Fi1S3 1H32! ~b:ST 0~-6t-1:)0
:rvdOZ~E 00/8l/O- :wo^?saaN
l~ bC6.7 'r'd e6T pM 'D UHwZjf(,~PJeM ~UMOJe <-
Seat By: BwS; 407 425 9596; Oct•20-00 12:41PM; P2ge 13/19
IS. Waiver of Statutory Lien.
City disclaims and waivrs any now existing or hereaRer arising landlords lien or other
samnay or non-statutory lien os security interest in Tenant's and/or its atrbtasaats and/or licensees'
Communications Facilities, oquypment, improvements, fixtures and other property.
19. CoAdeaatatlen; Cs~nalty.
if the whole of the Lase Property or such portion thereof as will make the Lease Property
unusable for the purposes herein leased, are e~ndemnal by aal' legally cxmstitutcd authority for any
public use or purpose, then iu either of said events this Lease Agt+oement shall Laminate from the
time whey possession thereof is taken by public attthoritics, and City shall return to Tenant any
prepaid rant attributable, o~n a pm rata basis, to time psriods; after said ta>nw~ion. Any lesser
eoademnatioa shall is no way affect true respective rights and obHgatioru of City and Tenant
herourtder. Nothing is this provision shall be constn~al to limit ar affect I'rnant's right to an award
of compensation fraan the condemning authority of any eminecrt domain proceeding for the taking
of Tenant's leasehold ingest hereesndet.
Tf Tenant's Communications Facility or improvements are severely damaged or destroyed
by fire or other casualty so that the repadr or reglaoement th>sreof will coat in excess of twenty-five
percent (259/i) of the fair rnariaet value of the Commwniatioffi Facility or any improvcmeats, Tertaztt
shall not be required to repair or Laplace the Communications Facility or airy of Tetrmt's
improvements made by Tenant, sad Tempt may seeminate this Agroament by giving written notice
to City. Upon such terminadoa, the City shall return m Tenant ally prepaid rent attributable, on a
pro rata basis, to time ptriods after' said termination.
24. Title Policy; Titlt Defecq.
Tenant„ at Tenant's optiat and expanse, may obtain title ia9urac~ce on the space leased hae;in.
City shall Cooperate with Tenant's e8'ozts w obtain such ddc insurance policy by executing
documents or, at Tatatt's eacpense, obtaining rcquertal docttcrienpttion as required by the title
insurance company. If tide is found to be defective, City shall use diligent effort to cure the defects
;n title. At Tenant's option, should ttte city fail m pllovide regaeaoed doamr>sxttation with thirty (30)
days of tenant's request, or fail to provideLib Nort-aisat~.n~ ~s~ as meted in pah
17 of tlvls Lease Agreement, Tenant may withhold acrd accrue the annual rental until such time as
the rogocstcd docuntept(s) i, (are) raveived, or if title is found to be defective aced City has tsikd tv
cure the defects within a teatonable period, Trapani racy cea>oet this Ltteac Alt or cur>r the title
defect at City's te'~sooable expense tttil>xing the withheld payments. In the event that the Lease
Property is eacut>nbered by a mortgage and the mortgage requires the consent of the Mortgagee to
leases arud/or improveaments on the Lease Property, City shall provide Tawnt with the prior wclttca
consait of the Mortgagee to this Lease A~roement, as requirod under the terms of the mortgage.
Should City fail to obtain the written consent of the Mortgagee, as c+ege>ared, Tenant, at Tenwt"s
opdon, may withhold and accrue the ar~ru~al rental uc~l such time as the coassent is cexeivod or cac~oel
this Lease Agrcemecit.
s.us~rx ~aiq opcim ~.a ~ ~~ I 1
oem~ei t 7.2000
8L/ci'd 1j70H 31ti153 "ltf3?i dV:Sj 0C~10Z-5S-1~0
~WdOL ~E 00/8L/Ol =P••n LSU..N
~l aB~d •'V•d o~TOM 'Q uewz T~A'P~eM 'un~o-iH <-
Sert By: BwS; a07 a25 9596; Oct-20-00 12:42PM; Page 14/19
Zl. Tenant and City Default.
1f Tesian: defaults in fulfilling any of the eovcaant~ of this Lease Agreesneat and such default
shall continue for sixty (60) days after Tenant's receipt of vr+ritttn notice from City specifying the
nature of said default, or, if the slid default so specified :full be of such a nature that the sane
cannot be sewonably cured or rettodedied within such sixty' (60) day Period, if Tenant shall not in good
faith comtnonce the euriflg or readedying of such default witfiin auch ~ (60) day period and shall
not thereafter diligently ps+ocoed therewith to completion, then in a~qy one or mote of arch Cveats this
Lease Agreement shall terminate atLd cosae to an end as lolly and completdy es if such were the day
herein definitely fixed for dIC end and ptpin~ation Of this Lease Agreement and Teneut shall tlrm quit
and surrender the Lease Property to City as provided herein. Notvvlthstanding inthe evau of default
by Tenant, the City shalt hn+e the sight, at its option, to any other »medy the City may have by
operation of law.
If city defaults in tltifilling slty of the cavauots of this tease Agi~eement astd such default
stall continuo for sixty (60) days aftu Ciry's receipt of written notice from Taaentt specilj-Iag the
Hoare of said default, or, if the said default so specified shell be of such a nature that the same
cannot be reasonably cur+od or remedied within such sway (60) dory period. if City shall rent in ~
faith oort~raarce the curing or resnadying of such default within such aixty- (60) day pcrivd and shall
not thereafter diligently Wrocxcd therewith to completion, then Tenant may termirtata this Lcasc
A~eearent aad/as pursue amy other remedieda Teeurtt razy have at lrwa os inequity, including the tight
ro speeificoJly enforce the terms of this Leese Agreett~tt.
22. Attorney secs.
In connection with any litigation arising out of this Lease Agreement, the prcwailing party,
whether City or ?meat, shall be ratified to stxov~er all reasonable costs inwrred including s+easoneible
attorney's frw for services rendered in connection with aQY enforrartdtt of bleach of contract,
including all trial, appellate, and post judgment pmaedittgs.
23. Radon Gas.
In sccordwwcwce with Florida Lew, the following statement is hereby made:
RADON GAS: Radon is a natural occurring radioactive gas that,
when it has accumulated In a building in str~clem quantities, may
present ltCalth risks to persons who are exposed to it over tlrne.
Lovcis of radon drat exceed federal and state guidelines have been
found in buildings in Florida. Additional infosmatioa regarding
radon end radon leafing shay be obtarned i3rom your eouary public
health emit.
EeuSoatA rdobil~q o~c+o.+.a uw
oaoler X7,1000
6 S /E'(' d
~~ oBed 'V'd VpTeM 4 veW=TeS'p.~rM 'un~o.i9 <-
12
ri~ 31tl1S3 1ti32{ bo:Si 0002-6T-1~0
'rrdoZ:e oo/e~/v~ soenTe~aN
Ser,t By: BNJS; a07 a25 9596; Oct-20.00 12:a2PM; Page 15/19
24. I~azardvus $ttbatance.
a. 'Penwat todemnffintioa. Tenant shall hold City harmless from and
inckmrJify City against and from any datru~ge, loss, expanses of liability, including reasonable
attorneys fees, restiilting from the discovery by uty pt~n of hamrdous S1~ttmct ge.oexated, stored,
disposed o~ or transpoAed to or over the Lease Propcriy by Tenant, its agents, contractors,
employees, orr invittxs, ae long es such substance was not: (a) stored. disposed of; or transported to
or Duct the Lease Property by (Sty. its ~a contractors. cnnployeea, or invitees, (b) prsseac on or
about the Lease Property prior W the date of this Lease Agreeatart, of (t:) stored, disposed of, of
transported to or over the Lease Property by a third party or entity which is not affiliated with or
controlled by TerJat-t.
b. Tensor Repreuriadon:/Wurraatles and Indemni8t:aiion. Tenant
rcpresentx std wasrartts then its use of the Lease Property will not gericsate say hazardous substance
and that it will not, in violation of any applicable law of rcgtrlatio4 store or dispose on or near the
Lease PropatRy nor transport to or noar the Lease Property, any hazardous substance. In the cveut
'fcaant breaches fire aforomentioaod hazardous waste station and w~i'. Tmatrt shall bold
City harmless from and ittdemnify City against end from any damage, lass, expanses, or liability,
iaeluding reasonable attorneys fees, resulting from the d>,oovery by any Person of hazardous
subataruce getute-ted, salted, disposed o>y or tcaasportod to over the Lease Property by Tenetlt, its
agents, contractors, employees, or invitcts.
c. IadsmniGeaeloa Canditlon. The indemnification condition stated in
paragraph 3a shall apply to the indemnification in this paragraph 24. This inde~i5cation shall
survive the tamiint-don of this Agrermtat until alt applicable statute or Limitations have expired.
d. Ciity Repr>csentstloa and RapowiblUty-. City represents to Tarsnt that to
the best of City's kuawkdgtt and belfef tht~e arc na hazardous substrmccs preserlt on or within rho
Leans Proptcty. Should City learn of the presence of hazsa~dous aubsdtrrccs o~ or about the Lease
Property during rho cxista-co of this Ltax A~roemeat, City agues to provide vvritoen notice to
Tenant of such prcacaee. City agras to be reapoeaible for any hazudous substance geaenRed,
stoned, disposed ofy or transported to or over Lease Property, pr~ovfded each substaace was stored.
disposed of. or transported to or over the Lease Property by City or its employees.
2S. Connterpares.
This Lease Agreement may be aoecuted in counterparts, each of which shall be deemed an
original, and sack counterparts shall constitute birt one and the same Lease Agreaslerd.
t6. Fitn~ for Una
City makes no wandnties or ropresentations as to the fitness of the Lease Property for the
uses intended by the Tenant, v~-Lutsoevtr. Futthcrmors, City does not v+ratrant or guarantee that the
u9e or Zotrit~ of starounding peopecdes will not be of such a nature that oontd lntecferc with TenanCs
9eit9au~i+ Mobilter pytian ani 1~ft A jreeeneet l3
oaoMr t ~, ioao
elivL'J ti'JOfl 31ti1S3 ~3Z! Sv:ST 8002-6T-1~0
ue~uzTCS'p.seM 'u,wo.,g <- 'rva~t:e oolAL/o~ :t~~^To~ou
r- i~vd ='V'd ssSeM R
Sert By: BWS; 407 425 9596; Oct-20-00 12:43PM; P2ge 16/19
use of the Lease Property duritt,8 rile terms of this Lease Agreement. However, City agrees to not
lase adjacent property m third parties for installation and use of wireless communications facilities
which interfere with Tenant's use of the Lease Property.
Z7. No Joint Veattnre.
Nothit~ herein shall ba deettted to creata a joint venture or principal-agent relationship
betvNeca the parties, end ntither parry is e~horized to, nor shall either panty act toward third persons
or the public in any manner which wouldrndieste arty such relationship with the oifisr.
Z8. Tenant's Dne Cue.
Tcnant shall at al! tines eaeercise due care cod shall install, operate, mairnain, and repair the
Communication Facilities on the Leese Ptopccty ttsiag oottutiovily acceptod methods and devices far
Pravatting failures and accidents which are likely to cause damage, iajurle8, or nuisances to the
public or damage to the Lease Property and tha sturovnding real and personal property owned by
City. T1re Lease Prapcrty shall bs lotpt and mauttainod in a safe, suitable, substantial condition, and
in good order and repair.
29. Agreemlttt Not Rscot~dttbla
This Lease Age~eansat shell tat be recorckd in arty public r>'voads: however, at either party's
elecdon, ~ mutually aocxptable short form may be rcoordod ~ place patio ~ native of the sxisteac4
of this Lease A~
30. 5ovstrl~a Immualty.
Nothing contained herein shall bs deemed a waiver, by dther party. of the City's right to
sovereign immunity or other limitations imposed by Section y6828, Florida Statutes.
31. Waive.
Faihtne of the one petty oo insist upon pexfotmaaoe by sot: other PAY of aRY pr~avision of this
Lease Agreement within any time period shall not act as a waivar of the one party's tight to later
claim a failure to perform an the paR of the otlser party.
32. Right to RE!'itse Admisdoa to Property sad to E~sct.
City t>rserves tho right to refuse admission to the Lease Property to say person not known
by City nor ply ideatiSed; to eject any person from the Lease Property wlwse conduct may rand
to be harmlltl to the safety and interests of the Lease Property, @io sttrrotitttding real sad petsanal
property owned by City, and nay tenant, to clone nary part oitho Lease Property during any riot or
other incident where the public health, safety, or welfaos may be unptdred.
adtSOUBt Mobility Optlott rw0 teat: ApMlnest 14
October t7, 2000
ec~st•d tnoa ~als~ ~~ sv:st 0eez-~t-loo
qi ..aid -'d'.+ raTOM `Q uewxteg•D_,aM •uMOJH <- :wd~2!¢ OU/t3~/Ol :i~ontu0ey
Sert By: BWS; 407 425 9596; Oct-20.00 12:43PM; Page 17/19
33. Termination of Lease due to Iaterfarence.
If City determines, in its reasonable discretion, that Tenant's Communications Facility
Interferes and jeopardises City's operation, maintenancx, and repair of the City's utilities system
located thereon as they curtrrntly exist, City shall give Tenant one hundred eighty (180) days prior
written notification and Tmeat aha11 love sixty (6~ days in which to can stub iutetfet+ence before
City shall have the eight t4 tcnninstc this Lease Agreement without penalty, however, in such case,
Tenant shall have no further obligation or liability beyond that inctured as of the terminntivn date,
and the City shall return to Tenant aqy pt+epaid rent attributable, a~n a pro rata basis, to time periods
attu said tenminadon. City also, at all times during this Lease Agreement, reserves the right to take
any action it deems necdsery, in its sole and absoluoe discretion, to operate, repair, maintain, alto
or improve its utilities systems and its attendant systems located on the Lease Property And
surrounding psvpettY: Pro~~, ~ City agrees to act in good fildth to avoid interference with
Tenant's use of the Leax Property, and the provisions of the foregoing Santana shall apply if
Tenanrt; Communicatians Fa,eility interferes and jeopardisa said opcnttion, repair, mainteaancc,
alteration or improvements. In addition, if the City's use of its property causes signi5caat
interference with Tenant's abitity to receive or tzsnsrnit from the Lease Pmger~:, T-~-~w` --~-
terminate this Lease Agreement upon sixty (60) days writLetf notice.
34. Heading,:; Intecpretatlan.
All headings in Ibis Lease Agrocrnpttt are for convenience only and shall not be used to
interpret p~~Ph sambas or construe its provisiotra. Any reference 1u this Lease Agreement to
a whole number paragraph (e.g. 26.0) shall meat to include not only the whole number paragaph,
but also any subparagraphs thereto (e.g. 26.1, 26.2, etc.)
IN WI'T'NESS WHEREOF, tIu parties hereto have net their hands and affixed their
respective seals.
Signed, sealed and delivered
In the pt~esence of:
CIT OF R 5~
;'\, J
~- BY~
Name: ~-.1 ~ i.~~J ~ - ~~~ pAUl. PARTYKA
1 Mayor
1
Name:
e~usa~ Mewx~y o~..,r ~
o i~,zooo
e~~,L•d
9l e0ed -'~/'d '+eT aM 9 uowZTeS'P~~M 'u/r10~~~ ~-
is
ti708 31tilS~ ~ti32i SV:ST 0002-6T-1~0
~iNdZZ=£ OO/6l/OL :pYNTAOid
Sent By: BwS;
a07 a25 9596; Oct-20.00 t2:aaPM; Page t8Jt9
TCIfetlt
BTLLSOUTH M~BILI1'Y, INC.
a (~oorgia Corporation
~ _t~ 1~ _
Tine: t~P~~.-.
r
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME the wxdersigned t~uthotity, perso~Y aPPe~ PAUL PARTYKA the Mayor
of the City of Winter Springs, a Florida Municipal Corporation who produsxd
_ - - _~u..=*iotn and who ar]cnawlodged the Farcgoing inshumcat for tlu purposes set forth thtreia
Notary Public, State of Florida
My Cotnmisrion expires:
STATE OF ~L
COUNTY OF AtJn t3E Grp
BF~oltt: • Ms, the undersigaed authority, ~ D _~} RzEDfiL.._ the
O~R6e ~ of BELL90UTH MOBILITY, INC., a Georgia corporatioA- oo behalf of
~;~ ;,:w~..~=_, -._ - ~CCCCd tra.G ~ ti-ao identification usd vvho acknowledged the
.oregotng tns~utnatt[ ror ute purppsea sct ctrric s..~~:~rn
v~'
Notary 'c, State orida / 1 ~ K rra
My Commissionexpirea: * t"!'c>dwt,~„ocl~
~ Jy~r f0.7pq~
BNtSeuUt Mobility Option gad l~tw ADee+n~at t 6
atee~~ ~ r. zooo
BLiLt'd liXlfi 31tilSa 1H32! 9vcST 0002-6T-l~Cl
~t •4ad --V'd YYToM 'C uvW:Z99'PJa~y( ~UMOJe t- :V,dt2:E 00/Bt/Ot =pen'Ce~a~,
SenK By: BWS; 407 425 9596; Oct-20-00 12:44PM;
a ~ d IOlUl
Ezn~b~t a
LAND DESCR~P110N
tccu Tvwvt ~rrt~
~ l~ARCiL Oi' tANO OONa ~- r01lTlON bf l.OT t00, 04dCK o. 0- Tti1E AII-t 'O.R.
A~V-TOOOK~ t ~~ ~ RE~COltD~f ~ ~t~~ puN~OfD IK
Itic~o~ ooNa ~oRt ~~rncuWb.Y oca~elolco ~~ Rou.nws=
fan..w
~owlwtNCwo AT ThlC lrae~t~ E ._:.~~.A_ ._- ___ .~n _ ~ ., __ .~ ~__. m...~~
. ~u_ ~~ ::
a•NCkcs stc. i•. ~ steo~~Eo ai I~U-T r0olc-ia. PAGE a o- 1ME ~Uc
i~COROfi: Oc_s~[WHG~_COtINTY, fLORlOk 1Mt•,E~/i~~IpC~6: =,d :- -°__.'---' ``___
.r t~ finM~~ ~I~•N/ ~~ Miiw w. ce:e`
.'- _ - __ -_ ,~__ •°_•~t~lt! C!J-AAIIMC SMO Alp~lt OR' W11Y.
... ~..- -
9~b'22'Q8' EAST, A OIST>VVCI~ O/' T0.00 RR TO tME raIKT OI OEQ~u~:
THSNCE COMI7NVE SpVIli OP~.ra~ ~. ~=.:'~:c~~- =_ `=`' - _''`-
-_ - - - _ - - „4T1ViCC Oi 100.00 ~lCTf 4NEuii~ i~iuiiiri
EAST. A {713SM'ffrG ~' iuvyv~rR~• iv •iw ::-~": ~° i~^;•:``~;°`i:
wo u~NOS IjI1VATE IN ~E aTr Olr fMt~dt s+luKO=, ~Ird. ~~~= ~'~
~C~ ^~ A^t0 CONYJ~tN f 0.000 '~QtiAR>s }'aY. MORR 01! t.ESS.
aNO DES. cR ~,
~1-cccss /wo L!Tlurr EAOdE'r1~
~- P~col. o~ w~lu ~orlc ~- pafitloN o~ TRAC'~ ~ aF TM~ au-T •wwolfve
.~,•• ~ ww ~ ~wT t~• ~S RECQf10RD IN ~L/-T ROOK 0!, PAOCS ~7-9f OF r-u ~1J8lJC
-_ _ _ --- r ~.~uwf'Y, -1AItpI- A110 ~.hORtldi Of~ tors ,00. toy.
___- __ -- _ - - - .. . ~... wr~.,~
-~ __ •°.~i~~ii !!~'~ r{.A~ ~K 1. PA{rt Imo. aR iris rvvvir
pE~CR10l~ u 1'p~Gt
- - - -. ..
BEGINNING At TML NCRTMLAST CORNCJt OI" °~!~!? ~-' ='~_
k}i.C+~,~ ~~. ! -~ JI# Rf=CORdlO !N RJIT lRgOK 1 ~ r~s ~. yr /rri. ~ 4oi+v
~ ~~
__ - . Ali ~. ~9M !`\^~ ` _~ n-`.nwvvA :. ~~ _ -
- _ _ - ~ ~ _ !~. ~ E7Li I~ 1 r7 ~Y~~ 1• ~~r T/.O't r DTI
a:,~' ~ ~" ~ ~~ - • - - ~r ~ ~ <~T 14.00 !~'1; TiiE11CE NOIt ii1
~e4T 2'x.79 •F~ET: 'THQtCC NORTM '~:ft•Q~r
.~~r...-_= x~riT-} ~~T.~~ ~A~. •~d.~~ ~~Ii /nit'lrir ri~%~irz ~ -
E11sT- ~aat BEET; TIIQe+YCE NORTf1 oe`o~~~•.'eppo• ••~ •~ all rfrrfr: TMaeE t~IOR~M
~- .:
M~n4C I~Vr~.1'. fi„ ~d .iii V'~. Y~ ,i a-. ss - _
ra*T 7Sd4.e7 ~.ET: i]'IEI'ItZ'iVHlr1 W fl.Vw ynv~. `•`.••~ __- •~•~.•
y;,;.;^ ~J'JT59• rMEIT. 30.00 /LtT: T1~lCE NOARI 06'~'Ob' _MIE_!T. 4i.9o
rt>^T Ti+E.NCE SOUTit d.1~7"'3.'f' wBST, !liti.~ .- ~ ...~_ -_, ~ __
_ _ - -? ~
- -~ ~.~ 9aJt14 7Q~o0`1! v~'ii, .o• ct.,
_ - _ .•"~- .. .Y ~..r~~ a. erer. fUa/1~1C! lOU1N
-- - -- `~
~r+cE soon{ e~`se'a4~ foss. ~ ass _. _ - -
--: fMiY ~~ ~ roa f
~::. ~.,..... .~~~~W~ION 1MTN Tl~ [A,ST Rlp~lt' ,. ~......r
~i7AD /-~ SttOvPW Cti Salto ~Lj4T '!!<?!!T!! tN~ AaNE:tk_c. _
~d~ItH OT•If'~7' ~>R /-WwG x1110 E/13T RrC•/T 0~ MMf! i,1t~l~. o.o rc;~ iv
TM~ POINT ~ iEORNMNG;
Slap L.APIDS QfUATE M THE pTtt Cf 1hANTE7! >l~R~. ~„4tJr COtIhTY.
ftOroOA.
Page 19/t9
t3t~8t;'d ti00H 31H1S3 'lt!~21 9ti~St 0002-bj-100
8l ~A..d •'V'd oe~•M 9 u~ewzja9'P.~uM 'umo..8 .c- :WdZZ:£ 00/8l/Ol :P•/~T •v wtl