HomeMy WebLinkAboutAT&T Wireless Services of Florida Consent, Non-Disturbance and Attornment Agreement -1999 08 26
. J
Site No,: OR-73/Winter Springs
State: Florida
County: Seminole
CONSENT, NON-DISTURBANCE
AND ATTORNMffiNT AGREEMENT
THIS AGREEMENT (hereinafter referred to as "Agreement") is dated and entered into
this 1st day of September, 1999, by and between, CITY OF WINTER SPRINGS, a Florida
incorporated municipality, whose principal office address is 1126 East S.R. 434, Winter Springs,
Florida 32708 ("Overlandlord"), APT T AlvfP NORLANDO, INC., a Delaware corporation,
whose principal office address is 6902 Cypress Park Drive, Tampa, Florida 33634
("Sublandlord") and AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, ,
whose principal office address is 2400 Maitland Pkwy., Suite 110, Maitland, Florida 32751
("Subtenant").
WITNESSETH
WHEREAS, Overlandlord is the owner of fee simple title to certain real property located
at 1126 East S.R. 434, Winter Springs, Florida 32708, more particularly described in Exhibit "A"
attached hereto and incorporated herein by reference ("Parent Tract"); and
WHEREAS, Overlandlord entered into that certain Site Agreement for Land dated
,December 12, 1997 ("Ground Lease") with Sub landlord pursuant to which Sub landlord leases
the property, more particularly described in Exhibit "B" attached hereto and incorporated herein
by reference ("Subject P~cel"), for an initial term commencing on December 12, 1997 and
terminating at mIdnight on December 18, 2002.
WI}EREAS, Sub landlord desires to Sublease a portion ofthe Subject Parcel, more
particularly described in Exhibit "B" attached hereto and incorporated herein by reference
("Subleased Premises"), to Subtenant for the purpose of operating and maintaining
telecommunication equipment and the construction, alteration, maintenance, repair, replacement
and relocation of related facilities, antennas, equipment and buildings, and any activities related
thereto.
.
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, intendmg to be legally bound hereby, agree as follows:
-
1. Overlandlord acknowledges and. agrees that: (i) the Ground Lease remains in full
force and effect; (ii) that Sub landlord is in good standing under the Ground Lease; and (iii) that
Sub landlord has not been nor is now in default under the terms of the Ground Lease.
2. Overlandlord ackriowledges and agrees that by executing this Agreement,
Overlandlord consents to Sublandlord entering into a Site Sublease Agreement dated September
1, 1999 ("Sublease") with Subtenant.
"
c:\scf\at&t\l 001 278\OR73lseAPTapproved 6-21-99,cl 1
.
.
3. Overlandlord and Subtenant acknowledge and agree that in the event Sub landlord
defaults in the performance of its obligations under the Ground Lease, whether monetary or non-
monetary, Overlandlord shall provide Subtenant with written notice of the default. If
Sub landlord fails to cure the default and Overlandlord terminates the Ground Lease or pursues
any remedies that may affect Subtenant's rights and interest under the Sublease, it is agreed that
notwithstanding such termination or remedies, Subtenant's rights under the Sublease shall not be
affected, modified, or altered. Upon notice of termination of the Ground Lease, Subtenant shall
be entitled to direct any payments due under the Sublease to Oyerlandlord in full satisfaction of
any sums that Overlandlord may claim are due and owing to Sub landlord under the Sublease.
4. In the event Overlandlord takes possession of the Subject Parcel, Overlandlord
agrees that in the exercise of its rights, Overlandlord shall not affect or disturb Subtenant's right
to possession of the Subleased Premises or any of Subtenant's other rights under the Sublease so
long as Subtenant is not then in default, after applicable notice and/or grace periods, under any of
the terms, covenants, or conditions ofthe Sublease.
S If the interest of Sub landlord or any successor of Sub landlord UJlder the Ground
Lease and/or Sublease is terminated or extinguished, Overlandlord and Subtenant hereby agree to
be bound to one another under all'ofthe terms, covenants and conditions of the Sublease. From
and after the occurrence of such event, Overlandlord and Subtenant shall have the same remedies
for the breach of any provision of the Sublease that Sub landlord and Subtenant had before
Overlandlord succeeded to Sublandlord's interest; provided, however, that Overlandlord shall not
be:
a, personally liable for any act or omission of any prior sublandlord
(including Sublandlord); or
.
,
b. bound by any rent or additional rent which Subtenant might have paid for
more than the one month in advance to any prior sub landlord (including
Sub landlord).
6. Overland lord acknowledges and agrees that there are no parties who currently
have a leasehold or license interest in the Parent Tract other than Sublandlord.
7. The parties acknowledge and agree that Subtenant shall have the right to occupy
the Subleased Premise~ for an initial term which shall terminate at midnight on December 18,
2002 and that the Sublease shall automatically renew for four (4) renewal term(s) offive (5)
years. If Sub landlord does not renew the Ground Lease and Subtenant desires to continue
occupying and possessing the Subleased Premises, Subtenant may do so at its election pursuant
- to the'terms of the Ground Lease (including the right to renew) and shall direct all rental
payments to Overlandlord. Notwithstanding Paragraph 6.B(i) of the Ground Lease, Overlandlord
acknowledges and agrees that in the event that Sub landlord elects not to renew the Ground Lease
or elects to terminate the Ground Lease and Overlandlord does not take ownership of the tower,
Subtenant may, under Paragraph 10(c) of the Sublease, exercise its option to purchase the Tower
from Sublandlord simultaneously with the assignment and asswnption of the Ground Lease.
8. This Agreement shall be binding upon and shall inure to and benefit the respective
successors and assigns of the parties hereto and any tenants of Overland lord or any subtenants of
Sub landlord which are permitted under the Ground Lease.
c:\sct\at&t\l 00 1278\OR73lseAPTapproved 6-21-99,cl 2
Sublandlord which are permitted under the Ground Lease.
IN WITNESS WHEREOF, the undersigned have signed this Agreement as of the date
first set forth above.
WITNESSES: "Overlandlord"
~ ~ \.('~~~ -- CITY OF WINTER SPRINGS, a Florida
Incorporated municipality
PrintName~~A\..b\(.~"'B'-~~L BY:;P~ A...I ~-#-'
~lYN.-.;_ p~ Print Name: Ronald W. MoL.mo.r.
Print Name:.::s-~,,,y" ~ \\.c.. L"'I> Title: City Managp.T
Altek4~ J- -
Print Name: Andrea Lo-rp.TIzo.,..Lur>.cp.s
Print Title: Intprim city Clp.rk
[Corporate Seal]
" .
"Sub landlord "
9' vJl,WA.. /l~/. a.... . APTTAMP AJORLANDO, INC., a Delaware
W~~
. PrintName: .J.,bl'tt. f1;Aw;A)!;,l. BY:. . )., fir
(\.\!lIlll!Q ~ ff:: Print Name: Barry M. Brown
Print Name: ..~ _ c. r .u>~ Title: Director Engineering & Operations
c:\scf\at&t\l 00 1 278\OR731seAPTapproved 6-2 t -99,cl 3
. ,
"Subtenant"
AT&T WIRELESS SERVICES OF FLORIDA,
INC., a Florida corporation
~c~~Gor- BY:~~WfO~
Print Narri~\A ~~~IS.e.\t-J Print Name: Mary DiOrio
. 4",., ~...~
Title: Director of Network Realization
T
Print Name: ft/~ blf l:/~ liA-1/C/l
OVERLANDLORDACKNOWLEDGMENT
STATE OF ~I OJ;' /d Ct....-/ )
COUNTY OF J:e17UJ2~ ) ss:
)
oJ:~-Jldf9b.fore ~~. t. . ~S Notary Public,
personall appeared, 11 d /). me . -Pm_ personally known to . e (or proved to me on the
basis of satisfactory evidence) who has produced - as 1 entification to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which
the person acted, executed the mstrument.
-
(SEAL)
..
Notary Publi ~i: Amy R Lovfngfoss
* *My CommIssion CC882625
- My commission ex s: \;...~ ExplresAugust 12, 2003
.'
c:\sct\al&l\l 00 1278\OR731seAPTapproved 6-21-99,cl 4
-
SUBLANDLORD ACKNOWLEDGMENT
STATE OF f t..OtlbA )
\-\\u..\&~\\ ) ss:
COUNTY OF )
On ~o{'\q, , before me, , ~\C1UA$ CU\),"G<<o~~ Notary Public,
personally appeared Barry M. Brown, personallY' known to ~ or who has produced
as identification and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which
the person acted, executed the instrument.
(SEAL)
~ :r'.."'....'IIII'''''''''''"IIII'1II?11
' Notary Public 1 ~~ Nicholas Clive Glover ~
My commission expires: : .. .. Notary Public, Slate of Florida (
<.' ~ i ConunissioD No. CC 597297 ~
~ ~ 0'1\.0 My ConunissioD Exp. 1211912000 (
. (
. '..eoo.3.NOTARY - PIa. NOIaIy Service &: BcllldiD. Co (
<~\"""""""""""""""'W,)""""""""""""""""""'''')''''''''''''''W,)'''''')''~ ~
.
,t
SUBTENANT ACKNOWLEDGMENT
STATE OF C;~ llQ.c.. , (\ )
hl'l LO~ ) ss:
COUNTY OF )
On ~"".".., ~H>.I QV1, before ~ ~\-""~'b~o, Notary Poblic,
personally appeared Mary DiOrio, personally kno me or who has produced " as
identification and acknowledged to me thatsheexecUted the same in her authorized capacity, and that by her
signature on the instrument, the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. , (SEAL)
~ .~ ~(>...,Ir.-"v-.
~~,
~ Public, Fulton~; Geor~
My commission expires: Mv Corilmlsslon 8<pires August 25,
.'
.~, '\
,
c:lscf\aI&I\l 00 1278\OR731seAPTapproved 6-21-99,cl 5 ,
..
Exhibit" A"
to that certain Consent, Non-Disturbance and Attornment Agreement dated September 1, 1999,
by and between the CITY OF WINTER SPRINGS, APT TAMPNORLANDO, INe. and AT&T
WIRELESS SERVICES OF FLORIDA, INe.
The Parent Tract is legally described as follows:
.
P ARENT TRACT
LEGAL OESCRI? nON
lOTS I rHR00GH 25 AND INClUOING HOOVER srnrn. LV rTREll lAH €.
AND THE SQJ m CNE-HALF (S1/:Z) OF mo STREET OF LUTTReLL PARK
, ACCOOOING TO THE: PLAT "J1-iE:RE:QF AS RECORO€Q IN PU-T Boet< II, PACE:
~+ Of" mE PU8ue RECORDS Of $8.ltN<A..E CooNn-. FtOOtOA. 8E:/NG A
PORTICtf Of' lor 27, BLOCX 8 OF D.R.' l.4HCHELL'S SURY()' Of" mE Ltvy
GRANT AS RECORDED IN PLAT 800< 1, PA~ 5 OF mE: PU8UC RE:CORDS OF"
SEl"{[HctE: COJNTY, FLORIDA, LYlHG NORTrlEASit.RlY OF STATE: ROAD +19
(SANF~O-OV1E:OO ROAO).
" .
,-
-
. ,
-
c:\sct\al&l\ 1 00 I 278\OR73lseAPTapproved 6-21.99,cl 6
.. .
. ' .
Exhibit "B" (1) .
to that certain Consent, Non-Disturbance and Attornment Agreement dated September 1, 1999
by and between CITY OF WINTER SPRINGS, APT TAMPA/ORLANDO, INe. and AT&T
WIRELESS SERVICES OF FLORIDA, INC.
The Subject Parcel and Subleased Premises are legally described as follows:
ALL THAT TRACT OR PARCEL OFLAt'ill LYING IN SECI10N 36. TO',v:;SHIP 20 SOuT.:!, R.A...NGE
30 EASI', SBvITNOLE COUNTY, FLORID;... BEING A PORTION or: U.ITTRELL PA...'Lf{ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK II, PAGE 44, OffiCIAL RECORDS OF
SE.\iITNOLE COUNTY, FLORIDA. A...'\ID BilliG MORE PARnCUL~>U. Y DESCRIBED AS FOLLOWS:
COMMENCING ATTIrE !'10RTHWESTCOR.~"EROF SAID urrmELL PA.RK; TI-IENCE smrrrr
18058' 1.0" WEST A DLST.A...'iCE OF l57.00 FE....~ TO A POil'lL; r.riE'i"CE SOUTH 71' 01' 50" EAST A
DISTAL'lCE OF 44.00 FEET TO THE PO~"T OF BEGJ}\iNlNG; rri.ENCE NORT:ri L80 5&' 10" E.o\ST A
DISTA.N'CE OF 50.00 FEET TO A POrNl; THEN'CE SOtITH 710 Ot' 50" EAST A orSTANCE OF 50.00
FEET TO A POQ\tT; TF..ENCE SOIJTrl t80 53' 10'" WEST A DISTA.:."iCE Of 50.00 FEET TO A PO~'T;
THENCE NORrrl' 71" 01' 50" WEST A DISTA.:.'l'CE OF 50.00 FE.c'l TO TRE POl};'T OF BEQI?-<'?'fING.
emIT A.I:l'-.'1NG 2.500 SQUARE FEET OR 0.057 ACRES MORE OR LESS.
"
AT&T W1RELESS SER'J1CES
OR-7J. W1NTER SPRINGS
LEAst PARCEL
LEGAL DESCRIPTlON
ALL THAT TRACT OR PARCEL OF LAND L YlNG IN SECTlON 36, TOWNSHIP 20
SOUTH, RANGE 30 EAST, SE,I"lINOLE COUNIr', FlORIDA, BEING A PORTlON OF
LUTTRELL PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1" PAGE 44, OFFICIAL RECORDS OF SEMINOLE COUNTY, FLORIDA, AND
BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT TI-iE NORTHWEST CORNER OF SAID LUTTREL PARK; THENCE
SOUTH 18'58'10' 'NEST A DISTANCE OF 157,00 FEET TO' A POINT; THENCE
soum 71'01'50' EAST A DISTANCE OF 68,00 FEET TO Il-JE POINT OF
BEGINNING; THENCE N,ORTH 18"58'10' EAST A DISTANCE OF 31.00 FEET TO '
, POINT; TI-iENCE SOUTH 71'01 '"50' EAST A DISTANCE OF 26,00 FEET TO A
POINT; THENCE SOUTH 18'58'10' WE;?T A DISTANCE OF 31.00 FEET TO A
- POINT; THENCE NORTH 71'01'50' WEST A DISTANCE OF 26,00 FEET TO THE
POINT OF BEGINNING,
CONTAINING 806 SQUARE FEET MORE OR LESS.
c:\sc!\at&t\! 00I278\OR73IseAPTapproved 6-21-99,cl 7
"
. ~ .
,.
Exhibit" B" (2)
to that certain Consent, Non-Disturbance and Attornment Agreement dated September 1, 1999,
by and between CITY OF WINTER SPRINGS, APT T ALYfP A10RLANDO, INe. and AT&T
WIRELESS SERVICES OF FLORIDA, INe.
1 5' TN r. R F S SrF:(; RE SSE A~ClJJJ:G.c\IJllli!l.JLUQ.c!
ALL T1L\ T TRACi OR PARCEL OF LAND L YTNG IN SFcr10tI 36, TO',vrJSfHP lO SOUTH, RANGE
)0 CASl, SEMfl'IOLE COUNiY, FLO~JD^, neCNC A PORTION OF LlfTTRELL PARK ACCORDING
TO (liE Pl.A T TIIEREOF AS 'RECOPDED [1" PLA T nOOK II, PAGE 44. OFfiCIAL RECOPDS OF
SEMINOLE COUNTY, FLORIDA, AND 8ErNG MORE PARTICULAR.L '{ DESCRlBED AS FOLLO\VS:
COMMENCrNG AT TIrn NORTH',l/F,ST CORl'IER OF SAID LU1TP-ELL PARK; THENCE SOU111
I~' 58' 10" weST A OISlANCe OF 157,00 FEET TO A POfNT; THF.NCF. SOUTH 71' 01' 50" EAST A
mSlANCE OF 44,00 FEET TO THE POINT OF 8EGfl'JNlNG; THENCE COi'lTlNUE SOUTH
71' 0 I' 50" EASl A OIST ANCE OF 15,11 FEET TO ^ paM; TIIENCE SOUTH ~6' 0 I' 4S" WEST ^
DISTANCE 179,91 FEET TO ^ POrNT; THENCE SOUTH 18' 58' 10" WEST,~ DISTANCE OF 151.82
FEET TO A PO [NT ON THE NORTICEASTERLY RlGfIT.OF-WA Y LINE OF STATE ROAD No, 4)4;
THENCE 17,90 FEET ALONG SAID RlGfIT.OF, W A '( LINE, ALONG THE AP,C OF A CUR. VE.
CONCAVE TO THE NORTII. HAVING A DELTA ANGLE OF 00'01' 36", ^ ?\DCUS OF 334J6,74
FEET, ^ CHORD BEARlNG OF NORlli)7' l6' )j" WEST, NID A CHORD OF 17.90 FEET TO A
POINT; TIIDlCE NORTIIl&' 58' 10" EAST, DEPARTING SA.(!) RlGfIT-OF.WA Y LINE,,~
nrSlANCE OF 142,97 FEET TO A POINT; THENCE NORm 26' 01' 48" EAST A DISlANCE OF
178,98 FEET TO THE POfNT OF BEGlNMNQ,
CONTAlNlNG 1,226 SQUMtE FEET OR 0,028 ACRE MORE OR LESS.
I~; IjTIUTY EA~E,~ff,"IT 'A' r Fe.11 rlfSrRrPT!D,"1
ALL TII,\ T TRACT OR PAl.CEL Or wv-ro L '(U'IG IN SE<:T;IJN ]6, TO'Ji>S,C[? 10 SOtrTH, RANGE
30 EAST, SE,~IlNOLE COUNTY, FLORID,..., BEfl'IO A PORTION OF LltG?.2:'L ?A.,.o: ACCORDC'I(j
TO THE PLA T ntEREOF AS RECORDED fl'I PLH 800K r I. PAGE .w, o 1'.=:<: r.... L. ?...oCOWS OF
SE~ffiIOLE COUNiY, FLORIDA, A.'fD BEING A 15 FOOT \VIDE lJIlLfT'( ~ASE~.f"NT LYING U
F~ET LEFT AND RCGIIT OF THE FOLU)\O/U'IIj DESCR.lllEO CENTERL~i!,.
CO/.[MENC[}JG AT THE I'IOR TIrNEST COR,"",,- OF s....m LUTTRELL ?~:, "".2,'''CE SOUTH
IS' 58' 10" l'fEST A DrST ANCE OF I 57,GO FEET TO A PO [NT; THEHC:;: SOUT:.. ,I' 0 I' 50" EAST A
OlSTANCE OF loA,' FEET TO TIIE Pon-IT OF 8EGfMIJNG: TIlBlCE sor.rr<! 25' 01' q" '..,. A
, " DfSTM1CE OF 17S,51.FEETTO A ?Oll-ff; THENCE SOUTH IS' l8' 10" 'J, A !)(STA..\;CE OF 1"9.59
FEET TO .\ POfl'IT L YTNG 7,50 FEET NORTHE.ISTERL I' OF THE NORT:-{S",STE?-L \' RlGfIT-OI',
',' '\1{ A'Y LINE OF STATE ROAD No, 4 )4; rc{E/'ICE 171,SI FEET, .\LOhG T'!i:E ,-\"'.C OF A CU<t V'E
L role 7,50 FEET I'IORTI(EASTERL I' OF Mro p..IRAu.eL WTTH SMD OUG",.OF.WA I' Ll}iE,
SAID CURVE BEING CONCA VE TO TIfE SOlHl.r,l/F,ST, f[A 'I1NG A i) EL ,.... A.'10Lc OF 00' 15' lJ",
A RADIUS OF )3,129,24 FEET, A C'rlORD BEA.'UNG OF SOUTH)3' 02' IT' c....ST, AND A CHORD
OF 17).SI FEETTOTHEPOi1'ITOFTERMINATTON.
IS' !frn !TV F:A ~F'MFN'T "nO I EG<IL.O.ES.CF..U:UQ.t!
ALL TI{A T "ffiACT OR PARCEL OF lANl) L TING fN SECTION 16, TOWNSHl? 20 SOtrrH. RANGE
JO EAST, SE~UNOLE COUYTY, FLORIDA, BErNG A PORTION OF LlIlTR.ELL PARK ACCORDING
TO TIrE PLATTIrnREOF AS RECORDED IN pLAT BOOK II, PAGE ,~, OHfClAL RECORDS OF
SEMINOLE COUNTY, FLORIDA, AND BEING ^ 15 FOOT WIDE UTl:LITY E,...S.1v1B'1T t 'fING 7,50
FEET LEFT ANDRlOHT OF TILE FOLLOWING DESCRI1lEO CENTERLINE:
-
COl-lMENCING A T TIlE NORTHWEST CORNER OF SAID LlIlTR.EtL ? ARI(; THENCE SOU11{
lB' 58' IO"'WEST ^ DISTANCE OF 157.00 FEET TO ^ PO !NT; TIIENCE'SCtrTH 7t" 0(' 50" EAST A
DlSlANCE OF 51.8J FEET TO TIlE PO!NT 01' BEGINNING; TICENCE SOU11{ 02' 17' 46" EAST A
D/STANCE OF 110,00 FEET TO TIre POrNTOFTER/'([NATION,
.
c:\scl\at&t\ I 00 1278\OR731seAPTapproved 6-21-99,c1 8