HomeMy WebLinkAboutBellsouth Mobility Short Form Lease Agreement -2003 02 25PREPARED TIY AIYp AFTER
RECORDI{~C RET.'URV TA:
~tatcine A. Cnlloway, Esq.
Crown Castle Intcrnatinnsl
6473 Congress Avenue
suite 250
Boca Raton, Florida 3,1487
Ths purpose of thb Cotrodtve Shod
Form Option Is b replace that cedaln
Memos m of Agrttemeni
reconie B 3991 Pore 0943 In
the Con miaow on 1/t7/Ol.
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SHORT FORM i.EASE AGREEMENT
This Sho O Lease Agreement is made this ~ day ofa~p~002, between
the CITY OF SPRINGS whose address is i I26 East State Road 434, Winter Springs,
FL 3270$, here r designated CITY, and IB1uLLSOUTH MOBILITY LLC, a Georgia
LLC, dba Cingular W' ess, successor in interest to Bellsouth Mobility, Inc., a 'Ercorgia
corporation, with o 6100 Atlantic Boulevard, Norcross, Georgia 30071, hereinafter
designated TENANT.
_W ITNE5SETH:
CITY, upon the terms~~onditions more particularly set forth in that certain .Lease
Agreement dated November 7'", 2 by and between CITY and TENANT "Le
( ase
A ree eat"), which terms and 'ons are incorporated herein by reference, and in
consideration of the fees and cove rein provided, does hereby lease to TENANT that
certain property more particularly d on Exhibit attached hereto and incorporated
herein by reference (the "Property"). ~
1. CITY hereby ]eases to TEN Property for an initial term of five (5) years
upon the terms and conditions set forth in e':~ Lease Agreement dated November 7t1i,
2000.
2. TENANT further has the option toe the initial term for three (3) additional
consecutive five (5) year periods upon the terms an ' i s set forth in the Lease Agreement
(the "Extension Options"). For purposes of providin o third parties hereunder, it shall be
presumed that the Extension Option has been cxercis in the future unless TENANT executes
and records in the public records an instrument which indi{hat the Extension Option has not
been exercised or this Short Farm has been tcr-ninated. ~l ~
3. CITY covenants that. upcm exercise of the O NANT, on paying the rent
and performing the covenants set forth in the Lease Agreemeeaceably and quietly have,
hold and enjoy the Property.
sITE NAME: LAKE STRcET
SITE NUMBER: 602222
F LL.E I~M~i ~"C~02957664
QR 900K OiS60 Prl[~ 0376
4. It is understood that this is a Short Form Lease Agreement, which is for the same
rents .and upon the same agreement as the Lease Agreement, which Lease Agreement is
incorporated herein by reference and shall be a part of this instrument as fully and completely as
if the same were set forth herein.
IN W1TNF.SS WHEREOF, CTTY and TENANT have signed, sealed and delivered this
Short F Lease Agreement as of the date and year first above written for the purpose of
pravidi orded notice of TENANT'S rights under the lease Agreement.
Signe and delivered CITY UF' WINTER SPRINGS:
in the ~~
'~rintName:~i~,i~e, 1'al\0.C1~y
Print N
STATE OF FLORIDA:
COUNTY OF `aoyt~..~..v~e-QO_
The foregoing instrument
2002, by ~ln4t 11~.M
ITY OF WINTER SPRINGS, a Florida
He1She is ersonallY k~ nom to me or has
SRE NAME: LAKE STREET
SRE NUM9ER: OOQ222
By:~
Name:
Title:
O
NOTARY PITI~t
Print Name:
My Commission E
(NOTARY SEAL)
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d before me this 1~t``day of
~ ~~,~J~~,et- for the
anon, on behalf of the corporation.
-~' as identification.
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FILE MINk 21)d2'937'664
OR 8L101( (14361] PiiiQE 037A
F,XHiRIT "A"
LAND UH SCRIPTION
(CELL TOWER SI'['E)
A PARCEL OF LAND BEING A PORTION OF LOT 100, BLOCK D, OF THE PLAT "D.R. MITCHELL'S
SURVEYQF THE LEVY GRANT ON LAKE JESSUP," A5 RECORDED IN PLAT BOOK 1, PAGE 5, OF 7HE
PUBLIC CORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
CUNINIE AT THE NORTHEAST CORNER OP THE PLAT "NORTH ORLANDO RANCHES SEC. 1",
A5 IN PLAT BOOK 12, PAGE 3, OF THE YUBLIC RECORDS OF SEMINOLE COUNTY,
PLORI SOUTH 07°11'37" EAST ALONG THE EAST RIGHT OF WAY LINE FOR SHORE
ROAD A ON SAID PLAT, A DISTANCE. OF 20.93 FEET; THENCE DEPARTING SAID RIGHT OF
WAY, NO 7'55" EAST, A DISTANCE OF 1660.32 FEET; THENCE SOUTH 06°22'05" EAST, A
DISTANCE .00 FEET TO THE POINT OF BEGINNING; THENCE CONILNUE SOUTH 06°22'05" EAST,
A DISTANCE OP 1 T; THENCE SOUTH 83°37'55" WEST, A DISTANCE OF 100.00 FEET; THENCE
NORTH 06°22'0 " , A DISTANCE OF 100.00 FEET; THENCE NORTI[ 83°37'55" EAST, A DI5TANCE
OF t00.00FEET OINTOF+BEGINNING.
SAID LANDS S TF., T}IE CTTX OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA AND
CONTAIN 10,000 SQ T, MORE OR LESS.
LAND DESCRIPTION''-''
(ACCESS AND UTILITY EA ENT)
A PARCEL OF LAND BEING A 1N OF TRACT A OF THE PLAT "WINDING HOLLOW UNIT 4" AS
RECORDED IN PLAT BOOK 52, ES 17-21 OF THE P11A1.TC RECORDS OF SEMWOLE COUNTY,
FLORIDA AND A PORTION OF LOTS 101, AND 102, BLOCK D OF THE PLAT '"D.R. MITCHELL'S
SURVEY OF THE LEVY GRANT ON SSUP;' AS RECORDF..D IN PLAT BOOK 1, PAGE 5, OF THE
PUBLIC RECORDS OF SEMINOLE C ORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: /~~
BEGINNING AT THE NORTHEAST CO PLAT "NORTH ORLAN7)Q RANCHES SEC. I", AS
RECORDED IN PLAT BOOK 12, PAG>; 3, OF RECORDS OF SEMINOLE COUNTY, FLORIDA;
THENCE SOUTH 82°36'52" EAST, 93.50 k ' _ I~1 C~NORTH 82°13'30" EAST, 279.14 FEET; THENCE
NORTH 87°38'04" EAST, 222.57 FEET; THENC °00' 19" EAST, 40.02 FEET; THENCE NORTH
60°21'56" EAST, 69.24 FEET; THENCE NORTH 8 5T, 23.73 FEET; THENCE NORTH 06°22'05"
WEST, 10.00 FEET; THENCE NORTH 83°37'55" 0.00 FEET; THENCE SOUTH 06°22'05" EAST,
10.00 kEET; THENCE NORTH 83°37'55" FAST, 22 1; THENCE NORTH 80°08'14" EAST, 78.52
FEET; THENCE NORTH 86°01'18" EAST, 61.46 FE ~ Cl; NORTH 87°59'08" EAST, 48.70 FEET;
THENCE NORTH 81°45'09" EAST, L 17.48 FEET; THEN 4°26'S9"EAST, 144.77 FEET; THENCE
NORTII 83°37'55" EAST, 258.87 FEET; THENCE SOUTk 'EAST, 45.00 FEET: THENCE 50UTH
83°37'55" WEST, 20.00 FEET; THENCE NORTH 04°22'05" T, 45.00 FEET; THENCE SOUTH 83°37'55"
WEST, 941.15 FEET; THENCE SOUTH 40°21'56" WEST, 68.23 • THENCE SOUTH 7B°00' 19" WEST,
44.86 FEET; '!'HENCE SOUTH 87°58'04" WEST, A DISTANCE 2 31 FEET; THENCE 50UTH 82°13'30"
WEST, 280.80 FEET; THENCE NORTH 82°36'52" WEST, 90. TO A POINT OF INTERSECTION
WITH THE EAST RIGHT OF WAY LINE FOR SHORE ROAD OWN ON SAID PLAT "NORTH
ORLANDO RANCHES SF.C. !". THENCE NORTH 07°1l'37" ~ G SAID EAST RIGHT OF WAY
L[NE, 20.67 FEET TO THE POINT OF BEGINNING. /'~
SAID LANDS SITUATE IN THE CITY OF WINTER SPRINGS, SLMID(ULE Y, FLORIDA.
SITE NAME: LAKE STREET
SITE NUMBER; BQ2222
Prepared by and when
recorded return to:
David J. Edwards, Esq.
Edwards, Cohen, Jacobs, & Haramis, P.A.
200 N. Laura Street, Suite 1200
Jacksonville, Florida 32202
SHORT FORM LEASE AGREEMENT
This Short Form Lease Agree 11~~is made this 7~day of N4~1~2~Yt•~2~iY , 2000, between
the CITY OF WINTER SPRING~~~Ivvhose address is 1126 East State Road 434, Winter
Springs, FL 32708, hereinafter designated City, and BELLSOUTH MOBILITY , with
offices at 5201 Congress Avenue, Boca Raton, FL 33487, hereinafter designated Tenant. ~cC,
~~ D~'A~vyLL~~
WITNESSETH: iss setEme~n~E~[
City, upon the terms and conditions more particularly set forth in that certain Lease
Agreement dated as of even date herewith by and between City and Tenant ("Lease
Agreement"), which terms and conditions are incorporated herein by reference, and in
consideration of the fees and covenants therein provided, does hereby lease to Tenant that certain
property more particularly described on Exhibit A attached hereto and incorporated herein by
reference (the "Property").
1. City hereby leases to Tenant the Property for an initial term of five (5~ years
commencing on Jy',~;enn)7,e~rJ ,~f~ ,upon the terms and conditions set forth in the Lease
Agreement.
2. Tenant further has the option to extend the initial term for three (3) additional
consecutive five (5) year periods upon the terms and conditions set forth in the Lease
Agreement (the "Extension Options"). For purposes of providing notice to third parties
hereunder, it shall be presumed that the Extension Options have been exercised in the future
unless Tenant executes and records in the public records an instrument which indicates that an
Extension Option has not been exercised or this Short Form has been terminated.
3. City covenants that upon exercise of the Option, Tenant, on paying the rent and
performing the covenants set forth in the Lease Agreement, shall peaceably and quietly have,
hold and enjoy the Property.
4. It is understood that this is a Short Form Lease Agreement, which is for the same
fees and upon the same agreement as the Lease Agreement, which Lease Agreement is
incorporated herein by reference and shall be a part of this instrument as fully and completely as
if the same were set forth herein.
IN WITNESS WHEREOF, City and Tenant have signed, sealed and delivered this Short
Form Lease Agreement as of the date and year first above written for the purpose of providing
recorded notice of Tenant's rights under the Lease Agreement.
Signed, sealed and delivered
in the presence of:
`./'
Name printed. _ h.~tl~
CITY OF WINTER SPRINGS
4
~i ~ /J
V//
h1
Name: PAUL P . PA~~Y
Title: MAYOR
e printed: ~C~ y, 1 c~ 4 ~ ~~~ 1~ +l (1
STATE OF FLORIDA
COUNTY OF -A • ~ ~ ~.
The foregoing instrument was acknowledged before me this ~ day of iu- 2004, by
-~ ~ , as ~-~,'L'1~vl~Z_ , of the CITY OF WIN ER SP GS, a Florida
municipal corpo ation, on behalf of t-he0corporation, who is personally known to mew=
~ a
My Commission Expires:
Signed, sealed and delivered
in the presence of:
Name: ~. ~ ~.~ _ D,r~~n
~a~~,~,~
N e: . ti., 5~~.~ ,~1-
NOTARY PUBLIC
Print Name:
Commission No. G~
'-~~~~ itlespie
*~k My Commission CC9208pg
(Seal) ~Mp~,t. Expires March 21, 2004
BELLSOUTH MOBILITY ~FE-~~-
~~~ ItLGO y LL_L~, .7,5 SOLD /11E~-1~8~C
~i//,-
Name: ,~,p /~Ec/i~/p~S
Title: ~iQiFS. /l/E>u~e,~x ~~~e~o-7~o~c(S'
STATE OF C~EoKG//}-
COUNTY OF ~! PTO
The foregoing instrument was acknowledged before, me this ~~lay of NO%P~'1'1~~1"_ , 2000, by
~,~Eyn/D~S the ~i~ES, /l~o,~ru~ek L~~~,g of BELLSOUTH
MOBILITY , on behalf of the corporation, who is personally known
to me
LL ~
NO PUBLI
My Commission Expires: ~~~/~~ Print Name: ~~~ ~~'~'t`''e
Commission No. ~7u~ir~i~e7%~~va./
(Seal)
Exhibit A
LANG ~ESCRiP~flN
tcLU YowER 91Tt~
A PARCEL. OF UWO Z1ElNG A PORIICN QP ~,pT. 100. 9lOCx D, Cf Tl~LE P'LA7 'L7.R
~ITCS~eu,'s suR~Y of tLyLt trn aaAHT oN Lr1,fiL ~~UP-' ~.s RfrC0I40ED IN
PU-T ROOK S, pAG'E ~; OF THE Pl»ALIC RECORDS Of~ ~tiNOtt COUNTY..
FLORIDA, QC1NG MORE. PARTLCLIt~,RL..Y OESC!!~[D AS FOLLANlS:
COlNLrIENpNO AT THE. NORTNEABT CORNL~J+t O!< T}iS PLAT 'k0#1TH ORL.4N00
!t!-NCLiES SCC. t', X15 1lECOROED IN PLAT. t'LOOK 12 P~10E 3. Of 11-1E PUpUC.
R£CCRflS OP SEbtI1NOLE COUNTY, FLORIDA; TL~iENCE Sal1TL-i 87't1'3T EAST`
AI.QI'1G THE E.,ST RLC~lT Of WAY LINE" FOR SHORE ROAD AS 5}#OWN ON 5J1l0
PLAT. A OIS7~1Nt~ aF 20.93 FEET; THENCE OEP:~TINC SAlO RLOHT OF WAY,
NaRTH eT3~'~` EAST A asT,wc~ OF , aaa.32 f~T; Tf~IENCE 80U.TN
t?d'ZZ'C~' EAST, A QI$TANCE Of'' ZS_00 ~Z"T T'Q THE PAINT OF BEGWNING;~
THEI~GE CONTINUE SouTL{ ce'22•CC-~ BAST, A Q13T~MCE aF too.fl0 ,>~r:.
rr+ENCZ: SOUTH 8.3~7's3' wEST. ,- OIST,~WCE 4F 1'QQ.00 t'EET; THENC£ NORT>~L
08'2Z:a5~ wEST. A t]ISTI,IVC£ ~' 100.00 FEET; T1iENCE NaeTt-r a3'37'S5'
EAST, A 0157'ANC>! OP 100.00 !'EET TO:.THL*_ PAINT OF BE4INI~:N4.
SAiO L.1NOS SITUATE IN TI`tE GTE' OF 1MN'fER SPRINGS. SElAWOtL Cal'1NTY,
}10ltlOA ANC CONTAIN 1Q,QGp SgUAf2E FEET, MORE OR L!'*S.
~ >t N
(~ ANL~ IFITLITY EA1T}
1~ ~ ~RF' 1~'~i.~ ri7J_ill\7' A iV~i1Vl'~ Ll Tr1V I. ~'Jfi, D~ ~' T~r rLAi ~~.
11~.'S SURVEY OF 7~ Y.BV'~l Ca~Al`I"1' (~i t.arcw ~', A$ R~ YN ~A2
LOUIE 1, PAt~ 9, OF T~ PF9~.iC ~ {~ ~.E~ may; Qpk;. HE>NG~
PlliRTICi7I.ARL".a: AiES A91~I[.Lp?gtS:
tl'CE AT 1788 N~ O~ T~PtAT'D1~TH ( ~N~.SE~
1", AS Rt~CCIRDEp IN PLAT HQQI<K 72, PACs? 3, 0~ 7I~ P'[JBQ~C ADS t3F S.E
COI3NTX', FL.ORB?i4t, Alm Rt~f T~EtiiC6 AI.i7~Cs 'I141$ T BIC~ t7P WAY LLIKB ~ S1~tE
1I:C1AD, t~,S SPiOWAT SON SAID P3.h'i; 9[7ET113 07°11'37° EAR, A DfRI'AI~E QF 2999 FEES "TiD
17:18 P+QINT CLP BE~~ ~'~ PAR>t~ri 1 "DEPPA~ATl'N~G SAlLt3
Ri+C3HT tAF RFAY Ll~iL3,, Nl7R'>Ti S?°37'55" ~T} ADS OP ib8D.3?1;'Y~CS ~
tlb°22't15" F.,+11$T, A Dl~TANCE (IF' 4f.I1 FEET; SI<!i}T'B 83°3733" Vi~ESi',, A. D~!"AlyiCE
f7F 2t1.OQ F1:E'F; '4I~NNE~ 1~OLiCT1i06°TL'~lS'•11f+E'3T; A I~3'.l~it~ OF~7~6.46 l?~T;.TE$~iOE:DOIJ'lii
87°37'53" ~, Ac, D1S'1'AN+QE CR'' 1t~GQ.03 FEET-1"C? A Pt]II~T OF Ild18ESEC'Tl17~ •~Y1TS TILE
ASAID ]BAST iT ELF A€A.X l.Ii~ ~ SERE 1ttOAD; T~CE• ALOI+TQ 8iA]D1:~'T
Ri(~YL' (~ yyA,,y LII~, NKAIr17EI 0?°Il'37" WEST, A DLS'3'AIYCE. [IF 2~?.0'f I'~'T T8 T~ POIl-lT OF
~G
SA,II) LA1+dDS SiTVA"fE II-i 'TB'E CIT'Y' QF W~i'I7ER 3PR><NI~,,. 8t~rr~r.F y ~
Ai+Rf. CONTl°-!!~T»TG 0.783 At7[iES (34y1.~D SQiJA~tE FPd?T~ t,]D[~ 1.A1~iD, D~ORE ~ ~'~S.
BROWN, WARD, SALZMAN & WEISS, P.A.
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman°
John H. Ward'
Jeffrey S. Weiss
Attorneys at Law
Offices in Orlando, Kissimmee,
Cocoa &Viera
R~~~~~~~
SEP 1 2 20x2
'Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer
°Board Certified City, County & Local Government Law
Ronald McLemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
CITY OF WINTER SPRINGS
City Manager
September 11, 2002
Debra S. Babb
Jeffrey P. Buak
Alfred Truesdell
John U. Biedenharn, Jr.
Joseph E. Blitch
Scott D. Danahy
Todd K. Norman
Vincent E. Scarlatos
Erin J. O'Leary
Of Counsel
~~
,~
Re: Bellsouth Mobility, LLC Short Form Lease Agreement
City of Winter Springs -General
Our File No.: 1193
Dear Ron:
Please find enclosed herewith, three original Short Form Lease Agreements and
three Title Affidavits for municipal corporation. These documents have been prepared by
Tara Blackwell of Crown Castle International.
After it was discovered that the legal description attached to the memorandum of
lease previously recorded was inaccurate, we have reviewed both forms and find the same
to be in proper order at this time. Please execute each of these documents where
indicated and provide a certified copy of the City Charter and the ordinance, which was
adopted by the City Commission, to authorize the lease between the City of Winter Springs
and Bellsouth Mobility LLC..
Once you have executed these documents, please return the same to our office and
we will forward the documents to Ms. Blackwell for execution by Bellsouth Mobility and
recording. After the recording, we will be provided with an original which will be forwarded
to the City Clerk for her records.
225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa &Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Ronald McLemore, City Manager
September 11, 2002
Page 2
If you have any questions regarding this matter, please do not hesitate to contact
our offices.
Very truly yours,
/ Jeffrey P. Buak
Assistant City Attorney
JPB/jd
Enclosures:
Agreements (3)
Affidavits (3)
cc: Anthony A. Garganese, City Attorney
F:IDocslCity of Winter SpringslGenerallCarrespondencelMcLemore, RonaldlBellsouth Mobility Exec Agr Ltr 091102jpb.Jd