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HomeMy WebLinkAboutAerial Communications Letter -1997 12 18 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. Mclemore July 16, 1998 City Manager Michael S. Brown Collection Manager Aerial Communications 6902 Cypress Par1< Drive Tampa, FL 33634 Dear Mr. Brown: ~~ This letter Is to advise you of the City of Winter Springs approval of your co-location sublease with Sprint at the 134~foot level on the tower located at City Hall in Winter Springs. This approval is contingent upon your acknowledgement of the following: 1. The 134-foot co-locatJon site is below that co-location site reserved for the City of Winter Springs. cu"O ~ 1iJ cu '" 2. The proposed Sprint site will in no way encumber the City of Winter Springs from utilizing the .....:l bO' ~ .5 .... .... reserved site located between the lower level proposed Sprint site and the upper level Aerial site. ~ 0.. ~~ 3. All rental revenues gained from the lease cu 2 .;; .5 eqLlslly '.vitA tt:le City at WiRter SPRRg?' .;;;3 .- ...... ~ 0 4: The siting of the Sprint co-Iocation at the 134 foot level is consistent with all parts of the Master 1::0 cu .- Lease entered into between the City of Winter Springs and AP.T., Inc. in December, 1997. ....u '" . .- (1) t- :g .;; 0\ 5. Regarding the Sublease, we require revision of Paragraph 7 to avoid ambiguities regarding 8 !:i ~ interpretation of the Lease. Please delete the phrase "Except as otherwise in the sublease" in the -0 ~ ..... cu~cu fourth (4th) sentence of Paragraph 7 an9 the phrase"... do not conflict with specific provisions .... .D ::l cu E hereof in the fifth (5th) sentence (see attached). Please send us an amended sublease reflecting :9.Dcu ./:l 0 u these changes. :B.s 0 CU-Oc .D cu .- 6. Note that prior to construction of the antenna the lease reqUires: :::=~~ "_ 1-1 ~ ;3g<: . a) the name and qualifications of the contractor Installing the antenna; and b) a letter from the structural engineer who signed and sealed the original tower plans attesting to the integrity of the tower after antenna installation; and four (4) sets of signed, sealed and dated plans for the antenna addition; and c) Secure a building penn it prior to commencement of antenna installation. If A P. T. is in agreement with the tenns of this letter please have an authorized agent of AP. T. sign below and retum this letter and at minimum two revised, signed subleases to me. Upon receipt and review, I will return an executed sublease to you immediately. Sincerely, e::.:'~ A ..e;;i?~ City Manager AP.~ Signature RWM~p P"fONf R. MtDOWEtl DIRECTORtk(NGlNEERlNG & OPERATIQNS Via FedEx September 23, 1999 City of Winter Springs Attn.: Mr. Don Leblanc 1126 East S.R. 434 Winter Springs, FL 32708 Dear Don: Michael S. Brown Collocatlon 8 RE Manager 6902 Cypress Park Drive Tampa, FL 33634 Direct Number: (813) 243-3222 Mobile Number: (813) 263-0864 Fax: (813) 243-1906 Email: broml@aeriall.com I have enclosed an original copy of the Site Sublease Agreement between APT and AT&T for your files. If you have any questions, do not hesitate to contact me. Sincerely yours, ichae .Brown APT Tampa/Orlando, Inc. /. _~., ~~~ . SITE 10: A-2-E-015-8 SITE NAME: City of Winter Springs SITE AGREEMENT FOR LAND This Site Agreement For Land ("Agreement") entered into as of the day of ~~'rib~, 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 Oe(aware 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: (X] Real property comprised of approximately asoo square feet of land ('Premises'}; (X] Nan-exclusive easements required to run, maintain and operate utility lines and cables on and to the Premises; and (X] Nan-exclusive easement across Owners Property (hereinafter defined) for access, ingress and egress to the Premises IN OR UPON THE Owner's real property ("the Owners 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 Propefij 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 if a permit to use the right-0f-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 provides in Paragraph 9. APT shall have the right to extend the term of this Agreement for Fur (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 AgreemenC RENT A. For the Initial Term, APT shall pay to Owner annual rent in the amount of "Rent") in quarterly payments of ) 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 ninehy (90) day quarter and shall be deliversd '~~ithir. 20 h~ ~siness days from 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.~ORLAN00~-2-E-015\o15-b\site agreement 12-3-97.final.doc 12/10!97 3:45 Ptit ,' ' SITE ID: A-2-E-015-8 SITE NAME: Cihy of 4~tnter Springs current Rene~,val 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 papertess means into a bank account to be designated by Owner Owner ma from ti t i . y me o t me, designate another bank account far the deposit of Rent provided the request is made in writing and received by APT at least sixt 60 days in adva f y ( ) nce o any Rent payment date. D. (i) The APT Facilities shall be constructed with a one hundred sixty five (165') foot sli mono l h l th " ^ p po o e ( e e Tower ) designed with spaces to collocate the antennas of three (3) commercial mobile radio services ("CMRS") operators. APT shat( have the exclusive use of one space on th T e ower 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 O ' ' ; ~ wner s Space itself or for a public purpose but instead to permit any other user (whether CMSR or not) to be collocated i h ' S . ~ n t e Owner s Space, the rent from said user shall be shared equally between APT and the Owner. In addition APT d ~Y ...,w_ , an the Owner shall share equally in the rent produced from all third party collocaters on the Tower whether CMSR or not APT h ll ~. . s a 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 (easing of the Project Site and the construction of the Tower on the Preject Site. The Owner is exempt from A ". ~ _ any ttachment Fees. .~ (ii) APT shall cooperate with Owner and each collocator ("Other Provider'} in connection with their locating and placing their antennas and other f iliti th ac es on e Tower and in the ancillary support facilities. If the location and placement of the antennas and other facilities can not be agreed u o APT p n, shall perform such technical studies as may be necessary to determine the location. (iii) Each ne~,v Other Provider shall be solely responsible far the cast of locating and placing their i equ pment onto the tower.a~d 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 activitie f O h s o t er Providers. (iv} VVthin 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, rer=ioving, replacing, maintaining and operating a communications facilihy generally in, under, on and above the Project Site as shown on Exhibit "8" , subject to such modifications and alterations as required by APT (collectively, the "Communications Faciiiry , which Communications Facilih/, without limitation, shall constitute a portion of the APT Facilities) rovid d th , p e at 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 properh taxes and assessments if any ' , , against the Owner s Properhy. APT shall not allow any construction or materialmen's liens to be placed on the Project Site or Owner's Properhj 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 connectio7V 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 ,gPT's sole cost and expense, to enter upon the Owners Properhy and conduct such studies as APT deems necessary to determine the Project Site's suitability for APT's intended use. These studies may include surreys, sail tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as APT deems R:\ORLANOOW-2-E~015?015-blsite aqr»ment iZ-3-97 final.doc 12; ?Oi9' 3 a5 P~~.1 ~ ,~ ,~ 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 APTs 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 al( 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 rion~emoval, title t:, the affected improvements shall thereupon transfer to Owner and the same thereafter shall be the sole and en-iire property of Owner, and APT shall be relieved of its duty to remove the same. ~.ny 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 far the removal and restoratign 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 550,000 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 68(ii) regarding removal. 7. UTILITIES. Payment for electric service and for telephone or other communication services to the APT Facilities shall be APT's responsibility. Owner agrees to cooperate with APT in its efforts to connect the APT Facilities to existing utility service at APT's 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 R:\ORlr1N00~4-2-E-0151015-b\site agreement 12.3-97.final.doc 12/10/97 3:45 Ph1 ~ 1 SITE 10: A-2-E-015-8 SITE NAME: City of Winter Springs governmental orquasi-government authority. APT shall be responsible for conducting due diligence regarding the condition of the Property. 9. TER~b11NAT10N. 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 Oate. Further, this Agreement may be terminated by APT immediately, at any time, upon giving written notice to Owner, if: (a) APT cannot obtain all govemmental 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 Sectionll 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. INOEMN/TYAND 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 APTs construction, maintenance, repair, use, operation, condition or dismantling of the Premises. B. Indemnification. Unless resulting from the .negligence or intentiona( 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 constn~ction, installation, operation, maintenance, use or condition- ~f 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 attomeys, 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 crams, inc!~_~r!in; 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 cast 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 R:\OR~r1NOO~A-2-E•O15\015-5\site agreement 12-3-97.final.doc 12/10!97 ~ 45 P~.i SITE ID: A-2-E-015-8 SITE NAME: City of Winter Springs expenses of attomeys, 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 APT's 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 API'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 Cy Owner's own counsel. APT shall pay all reasonable expenses incurred by O~,vner in response to any such actions, suits or proceedings. These reasonable expenses shall include out-of-packet 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 Owner 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 damaa? 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) Worf<er'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 NOl100 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 coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the Tower. 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. R 10RLANOOW•2•E-015\O15-b\site agreement 12-3-97.final.doc 12/t0/97 3:45 PM S SITE ID: A-2-E-015-8 SITE NAME: City of Winter Springs (v) All policies other than those for Workeris 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 warding, 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 i~tentiori 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 pe!icies 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 famished 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 genera( 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, R:10RLANOOW-2-E-015\015-b~sile agreement 12-3-97.final.doc t2/~0/97 3:45 PM SITE ID: A-2-E-015-8 SITE NA~titE: 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 APTs 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 casts and attorneys' fees resulting from the presence of Hazardous Substances on, under or around the Owners 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 Owners 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 APT's obligation. to pay Rent) shall terminate upon APT's 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 went of any taking under the power of eminent domain, APT- shall ,;ot be entitles to any cf the portion of the award paid for tt~e 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 incur-ed 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 Owneris 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 R \OR~ANOOw-2-E-015\O15•b\sile agreement 12-3-97 finaLdoc 12/10/97 3 45 Ptit 7 SITE ID: A-2-E-a15-B 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 Owners Property. B. APT represents and warrants that it is duly authorized .#o 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 Agreemen# 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. 0. 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, pers representatives, successors and assigns of Uwner and APT. F. The prevailing party in any action or proceeding to enforce• the terms of this Agreement sha entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from non-prevailing party. G. Simultaneously herewith or on or before the Commencement Date, Owner shall execute acknowledge and deliver to APT for recording a memorandum of this Agreement ("Memorandum") in the forr Exhibit "C". Owner hereby grants APT permission to insert the effective date of this Agreement into 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 Prem without the Owner's prior written consent, which consent shall not be unreasonably withheld. Consent by Owner to any assignment or subletting shall not ~~1nCtitiita a waiver of the necessity of such consent to any subsequent assignment or subletting. This prohibition against any assignment or subletting shall be construed to include a prohibition against any subletting or assignment by operation of law. 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:10R1_r~,N00W-2•E-0151015-b~site agreement 12-3.97.final.doc 12/10/97 3:45 Petit SITE 10: A-2-E-015-8 SITE NA~titE: City of venter 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 Cade, 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, shalt 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 Winter 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 '.nth 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_Seminale_Caunty. 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 payme.^.! ~~ _u~h hrn4er 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. R:\ORLa~'~lOO~A~2~E-015\015-b\site agre~menl 12-3-97.rinal doc 12/0/97 3 a5 P~~1 9 SITE ID: A-2-E-015-8 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 shat! reimburse Owner all costs incurred by Owner in connection with such abatement or removal within thirty (3d) days of Owners 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 worfcing 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. Ill WITNESS WHEREOF, the parties hereto bind themselves to this Agreement on this day.of 1997. OWNER amine ses: 1 1. .. } Pnn ame. ~1 2. Pri t Name: ~ae,~ c, ~t„~~ dtn o Address of Owner: Telephone No.: yDf1--3a `~ -i, k~ Facsimile No: ~{pr1-3a7~(041~ Federal ID No.:_~ - ~ o a~ ~ ~ y CITY OF ~ ER SPR GS, A Attest: Print Name: t~cJS Print Title: Ci-~.~ Lttr FLORI INC T h! CIPAUTY By: Print Name: PAUL P • PARTY Print Title: ~1YOR ' Date: (Corporate Seal Date: l a -/.~-~i 7 R ~ORLANDOW-2-E-01~~015-b~site agreement 12-3-97 final doc 12/10/97 3 a5 PM ~~ SITE 10: ,~,-?-`-J ; -g SITE NAME: City of Winter Springs APT Witnesses: rte..---- Pnnt Name: ~c~rt~~-2,~- . ~~t-u.Q,rn n Z. ~~~~%~~tu~~ Print Name ~'. '~u(~a.,-r~_ Address of APT: Real Estate Department American Portable Telecom, Inc. PO Box 31793 Chicago, IL 60631-0793 APT TAMPA/ORLANDO, fNC. Tony R! McDowell , Its: Director Engineering and Operations and Authorized Agent / (Corpo`r/ate Seal) Date: l~~!?f '~j tit copy to: APT Tampa/Oriando, Inc. Real Estate Manager 5907 - B Hampton Oaks Parkway Tampa, FL 33610 R:10RLANOOW-Z•E-015\015-b~sile agreement 1Z-~-97.rinal.doc 12/10/97 3:45 PM SITE 10: A-2-E-015-B SITE NAME: City of Winter Springs EXHIBIT "A" TO SITE AGREEMENT LEGAL DESCR1PTl0~J OF THE OWNER'S PROPERTY: PARENT TRACT LEGAL oESCRIPnoN LOTS i TNROUG~-I 25 AND INCLUDING HOOVER STREET, LUTTRELL L1WE, AND THE SOUTH ONE-HALF (S1/2) OF 2N0 STREET OF LUTTRELL PARK ACCORDING 70 THE PLAT THEREOF AS RECORDED IN PLAT BOOK it, PACE 44 Cf THE PU6L1C RECORDS Of SE~IINOI.F COUNTY, FLORIDA, BEING A PORTION OF' LOT 27, BLOCK 8 OF O.R. -,IITCNELL'S SURVEY OF 7NE LEVY GRANT AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEI.IINOLE COUNTY, FLORIDA, LYING NORTHEASTERLY OE STATE ROAD 419 (SANFCRD-OV1ED0 ROAD). If is agreed 6y Owner end APT the! fha proper and predse legal description (or the Owners Property wilt be corrected, if necessary, and Thal the correct legal description may be placed on this Exlubi( 'A' and/or' lltef (leis Ezhibit 'A' niey be replaced fo rellecf such prt~per erit! precise fegel description by APT unilelerelly. \Wpt•lafl•nli\rile\ORlAN00~1-2-E•015~015•b\site agreement 12-3-97.final.doc 12/04!97 3:55 PM I? SITE ID: A-2-E-015-8 SITE NAME: City of venter Springs EXHIBIT "B" TO SITE AGREEMENT Page 1 of 2 SKETCH AND DESCRIPTION OF THE PROJECT SITE: ICJLSE PAACFI lI GAL OCSUt r 110H ALL MAt f71 AG1 d1 •MGCL tY V.MO l'I't•+C N SCC TICN 3/, IOwH lIP ?O SOU tI t, RANG ]O CAST, SXVNU,-( COUM n, fLOR OA, pNG A POR TiOrt d IU ITICLL PMK ACCORaNC TT7 M( PUT M(RE Or Af RE COnOEO w rIAT 100rt I1, -AC( H OrT1CTAL RECO~?S tX SLVNQL CCUHTY, fLOADA, Ahq 117NC Vq*1 PM nCU(JJII.T DELCJbeCD AL f41Cr+rS: COUY(?K]NG AT Ttt( MCIRMbICST CXxTH(11 tX SAq WTTREI -ARK; iFtCN a SOUTH I t S.1' 10' *E S( A d S T Ml(E a t 51.00 RCT T O A f'd M I; TI-~TtC( SOVM )1~1'SO' (I,ST A aSTA-la d II.a7 rECi ro T+,( PowT a e(aHNwQ nn.c( NORM t~11'l0' [ASr A asrArtc>; d S4.o4 R[r 10 A -O~sl T; TH CHtx SOU M l l vT~b' Cut A aS TAAICC d Sa.oo RCT TO A -daf• MHCC SOVM 1111'10' wCST A aSIANa d b.oo rLZr TO A P C-N f; T1-EHCC HO'1 TH lI LI'SO• -CST A ASIAN CL d Sa oa RCT ro ME ro.11 d KGH~+wC. COH tNta•tC 1_100 SOU AJtC RCT d1 QW) ACAt1 1+C~IL a l1SS, 1 5' U ftJ TY E A SrLC N t • A' l.C GAL DE SCR P naN AU, h1 A T TR A C 1 Cq P AA CC l d' 11V,0 (F7rC M SC C 11CM 3/, TTTW St 1P 70 SOU M, RANt>v ]0 CAST. STJnNO(,C OCJU~-fTY-'fLt]RIOA, 6EJNC A POR~nCN d IUtTII[1y IARX ACr^AnaNC 1t7 MC PUT MCRCIY AS RCCdIOEO M PLAT 10Csf II, PAOC e-1, CYTI(7AL RCCOROS d SUnNOI.C COUNTY, RaeOA, AFeO KIHC A I] rOOt tM0( UnUTY CASEVCItf lri1C 7.5 RCT I.CTT A.HQ b Oi T tX TI-Q I OLL Q+W C OE SL'A11 C- Cf]r TE.T UNE: OOuvE NC1NG AT MC NO't'Tl-1w(ST COTrCR Or S.1q LU T'iltCl -A11K; MCHtZ SOUTH 1111'10• IKS1 A DISiAHC( d 151.00 RR ro A PdNT; M(?Ia fOUM I1 T]1'b• (AST A pSTAl-IC£ a 11,11 RCT ro n-E POINT d eEpraAHG MP+a SOUM 7101'41' w A pSTAHQ olr 111.51 RCT TO A •ORIT; T1-(Ha SOl1M 115.1'10• M' A aSrANC( Of 171.51 RCT TT) A PtrH T (PING 1.50 RF 1 NOR TI-(AS fLtll Y a Tt-E NOR fH(AS TT?Il Y RIPrI-CY-MA7 ll+t Or SIATE ROAD N.. IJ/• Rt(NC( 111./t /Q T, AIONC TH[ AA C d A 0.18 `.( ('n-1 , 1,54 r'C'[ T Npl M(A S iT.RL C d ANO P AA AUb III TH SA.D Rip-IT-O(-71Ar uN [, SAD aJt1 `.(.eCNG C701cAK TO ME SOU M*(ST, NA~tNC A Ott TA AHCC,[ Or 0013']]', A RADIUS Cf ]1111.71 R CT. A CFrotO 1(M N C Or SOU M 310 7' 1 /' (AS T, AFq A C7-fG710 d 1)]11 R(T ro n( PANT d T[71YMATlOr. NQles: IS" -tcstESS/Ca1CSS CASE].+fNr It C.AL OC StJI w nor A(L MAT iRAL1 ~ PARCIL d LANG ItWC w 9ECnar 1f, TOwMSi-iP 10 SOU M, RANG( ]0 CAST, SCVMICIL COI,~ITY, iLOR10A,. DUNG A PCFfbH d lUn'R((t PARK AaC6ttOINC TO M( PLAT MER(Or 45 R(CCI'#OEO w P(J./ SbJK 11, -AC( t•1, CYTIOAL t-ECCRDS d SCVNO(.[ COC11tf'r, fIORDA, A}q 11pNG VgyC PAA nCLI.AAl1' C{SdtlAm AS fQ.1,Clxi COVVCNCINC AT Tt-[ NQRMIU(ST Cx71NC71 Of IA10 W1TItCl PARK; T1A:Na SOUTH 1/11'10• tESf A gSTAHCE t3~ 157 C0 RET r0 A PdMT; TF[?la SOUTH 71a1'S0' CAST A asrAllCf d 1<.00 RCi TO MC POwT or ~CCINNMC~ T}(}1CC cOrInMJ( zOUM TTU1~]4• CASr 4 aS1A4CC d IS.II RCT to A /aNT; tN(Ha SQ1M 2101'11' 11[ST A dS1Alra Ct 117.11 RCT 1T] A POINT: n-IE.Ha SO.1M 1•]i'10' ItESf A aSTAMa d 151.11 (CCT TO A POWT OH TFE NOgn..[ASr[RCT MCHT-d-r'AT UE Dr STATC ROAD Na 1}I; TTICIrC( 17.10 rLFi AIONG SJ.10 AfOHf-d-MAr (~f. AlbrG T}-[ ARC d A CLM K, CON CAK TO MC NOq M, HA~INC 4 DQ TA ANCLE tY OOVI'.31', A AAOIt1S d 111 Si.1f fLL f, A ON}t0 ^C MrIC d NORM ]7'51']3• •CS T, AHO A Cf IORO d 17,10 RCT TO A IaNT; MEHCT: H ORM If].tl'10' CAS f, OCPM TMG SAq Rlp-11'-dr-1-AY (yt(, A OtSTANa Ctr III.t7 RET TO A POINT; T}-ICNa NORtH I(pt't1• CI.ST A Ott TAHQ Or I7ltf RCT TO (1/( POWT a DC CaHMNC. carTA,I.,..IC t,I1~ z~uAA[ r[Lr dl 4.o7e ACTtE opal On ttss 15' UnUTY [ASCV(HT '1' I.CGAL DESOiIP11Or1 AL1 MA ( TitAC T O't P MC'.Cl tY V.NO l YINC 1H SLC TTON 11, TD *+r STaP 70 SOV M,.RANa 30 EAST, S(YINt3'„C COUNTY, FLOR DA, ^QNC A PO4110r d IUTTTtCLL PARx ACtOROeNC TO M( PLAT tHERLd AS RECORO(0 w PUT ~OOf I1, PAGC ti, dnuAL RCCOROS d slCutala(1 COUNTY, fLCN D A, ANQ D( 1N C A I S f OD t tMCIC U 11U T`r CASCZIE:}I T l TV I G 7.50 RL 1 LFFT ANO R161T d MC fQ10WNG DESC71A9m CENT7:RUNC: COVV(NONG AT THE NOIIMM(Sf CQtMCR Of SAq WF'Tltt( PAR>< T1tCNCC SOUM 11'Sd'i0• n(ST A OtS1ANa a IS100 R1T TO A P'O+rT; TIQta SOUM 7101'50' CAST A tltSfANa CY 51.1.,}. fTLT TO MC PCANf 9r 6(ONNMC; TI-~(VC( SOUM 0717'11' [A31 A GSTANQ pr 110.00 fLZT TO il-[ PGNiT d TLRLNAT1pN. 1. The inslrunlenf to which lh(s exhibit is eflaclled end into which Instrument (his ezhibi( is fully incorporated, may, al APT's sole ap(ion, be modified and/or emended unilaterally by APT to establish, dari(y or change the kcafion o(fhe nonexGusive easement (or utility fines end cables by rlscording en instrument signed by APT In the public records o/the County in which the Owner's Property is klcaled, which instrvmenl shell sal (orih the deleils o(such modification and/or amendment. 2. Notwi(hslanding anything in the inslrumenl which this exhibil Is a(teched to the contrary, APT, at ifs sale option, may uni/a/era//y replace end substitute far this exhibit a survey o(the Project Site, showing non-exclusive easements (or ingress, egress and ufilily lines end cables fo service the Pro?R~l .Ci(P anrUnr may Itnilaferally replace end substitu(a (or this exhibil construction drawings o(Ihe APT Facilities o(fhe Project Site. J. Balbach of the APT Facililies (rvm the boundaries o(Owne~s Property and o(the Project Sife shat! be the distance required by the applicable gavemmenfal authorities. 4. Width oI any access ~vad or easement granted to or used by APr shall be the width required by the applicable governmenfa! aulhorifies, including police end ~re departments but in no even( less than Ti(taen leat(i5'J ercepl i( prohibited by govemmenfal authorities hevingjurisdiclion over the Owne/s Property, the Prnjecf Site and/or the APr Facililies. \Wpl-lafl-nlt~sile\ORLANOOW-2-E-0151015-b\site agreement 12.3-97.(inal.doc 12/04/97 3:55 PM I ) SITE 10: A-2-E-015-8 SITE NAtitE: City of Winter Springs EXHIBIT "B" TO SITE AGREEMENT Page 2 of 2 SKETCH AND DESCRIPTION OF THE PROJECT SITE.' Lega! description of property to be attached. -' ----- ----- ~.. ,~r,.,,m - i ---_ Kzr --------- P .C. ----- _ -' B K ~ ---------- wvr ------__- -- \ K a7rwa d c„^r --- O~ /~ ----- ` -.~-___------- _~ ~ t • f K'i7. 111, I ~+ ~ f \ ~ ` ~ 1 r I t II ~ `~ ~ p. I..~:.. ~ 11 I1 ~ ~ ~ --------~.__~ ! ~ ^ II II tnvr'~L't-- i ^ ~ e 11 ~~ ---------~ ___--------- ----- ~ ~ ------- _ _-_-- II tU.a[ /~ r Q ~ 1 II 8 g ~ ~ e ~ ^ ~ - I ~ - v G L^J-~ e ~ ~ ~ J II e llnv~'7c~. e ~ _ r..i sa°C e e e II I I ~ ~ l I ` e ~ `-~ ~ Ir ((''~~ I t C7 e _ e • u ~ 1 r 1x67 a a~oxm ta^ r _ 1 I ^ I e / ^/ L' GOtrla[/K o' lr r I R II - uTL TT~GSL~4~t r C II is utun t~war ti- r 1 I pisn+v FPC PO'/E7l TR11t5fCRS+ER • - n 61 = 1 ? - - .7/~.~I ..isc..c 4 ~ I p •, r 1 ~ r,v.u~r o~c ~ f II I ~ r ,j < ~ n 1 t 11 G ~I 1 7r....~r I.~.r..e ^ ^ .v...~r I.w"«c ^ ~ ~ I I ~ aD~rV~aM d 1r ..Oa ^ 1 ~ ~ ~ •utk 1~.1[ 70J./[ fuT a aloi^ .ucs ^ 1 It II ~ ^ ^aac ^ ro"a ~ ^ ^ I ~~ r ( att ar Tr+11U snv~cs [ ~ • 7o.,,snl.mc aaa.t e ^ I ~ 11 M 11 II + ^ ~ 11 II n ' mvr 1[' ^ - ^ - ~ r..~ Q c o - r7 r'713~.~ _ D 17. M' - a \ N ~ ~ yKI! \ 'aCE -lJll Wl( ~ s . ~ti: 7]/tillf ortK ..ni[ ~ ' ti TEl CaOUIT ~ _ u _ ....r m11171Ur+~ Or IS CClCUT Y~ Pl~ll CAD TEl _ \ Fy11J(T /Mt^+C w ~ 49°M.lf /H[e,C . C „ ~ Q ~ ~ Q ~ s ~+r,~ .. rt. un1T 9 ~ ~c4, ` ~ ra srucz ro^+r ~ o-0 olf cua.7 r `. O ~ ` _......_. ....... ILIU9ly/ J:55 Phi I~ SITE I D: A-2-E-015-8 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 .. MEMORANDUti1 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 venter Springs, FL 32708 as "Owner", and APT Tampa/Or(ando, 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 Sits - 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:\ORLANOOW-2-E•O1 S\O1 S-hlsite agreement 12-3-97.final.doc 12/10/97 3:45 PM ~ ~ 1 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 andior 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. 1N WITNESS WHEREOF, Owner and APT have executed this Ntemorandum as of the date and year set forth below their respective signatures. Signed, sealed and delivered in the presence of: )stn ess es: Print Name. '~ 2. ~ 'r Pri Name: ~-.;cL ~~`qS~n OWNER: City of ~ ings, a orida incorporated municipaii ey: Print Name: PAUL P. PART Print Title: MAYOR Date: /~ --/S = p'J Attest: Print Name: Print Title: nti`f., n (w~,LC [Corporate Sealj Date: Io`i- l~-4'7 Witnesses: 1 P nted Na :3g-~z.D ~¢- L • 1 uu ~~"~ Z. Printed ame: ~,c.! a-r8,._ TENANT: APT TampaiOr(ando, Inc., a Delaware corporation By: Name: _ ony R. McDowell Title: Director, Engineering and Operations and Authorized Agent [Corporate Seal] Date: !o~ ' f 7~ ' L R:\ORIANDOW-2-E-015\015-b~site agreement 12-3-97.final.doc 12/10/97 3:45 P(vt I6 SITE 10: A-2-E-015-8 SITE NAME: City of Winter Springs STATE OF FLORIDA COUNTY OF S'eM.I~J o~ ~ - P The foregoing instrument was acknowledged before me on this day oF,~~ 1997, by p A (name of person], as title of person], of City of V~tnter Springs, a Florida incorporated municipality on behalf of the [type of entityj. H~/she is personally known to me or has produced as idenh cation. '-' ti1y commission expires: !~ Mr M hoQtatys Notary Pu c - State of FI ida t (Seal] *~~* r„h, co~.,mc..r~., cc.oa7.cs Commission Number. E,cF4scAuq.2s, lflsa e«,aed 6r nr+s '~~'~~~°~ eoa-asz-saga STATE OF FLORIDA COUNTY OF ~.1lCcSB000U.~rI~ The foregoing instrument was acknowledged before me on this ~ day of cPm'~~1997, by Tony R McDowell, as Director, Engineering and Operations and Authorized Agent, of APT TampalOrlando, 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. .~'x-'~ Ba~ata L Tfuaman i YY CCl~lulSSlCN t CG991~9 Etc S `;~~~ • Octbed„t93g ~' ~i1~UTFiG1'.FiliK~)t~ R:\ORlAN00\A-2-E-015\015-b\site agreement 1Z-3-97.final.doc 12/10/97 3:45 P(v1 17 EXHIBIT E EiYVIRONitiIENTAL LAWS . As used herein in this Sublease, "Environmental Laws" means all federal, state and Local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits pertaining to the protection of human health and/or the environment, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et ems., the Clean Air Act, 42 U.S.C. §§ 7401, et ~ec1., the Federal Water Pollution Control Act, 22 U.S.C. §§ 1251, et ems., the emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et esq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et ems., the Oil Pollution Control Act, 33 U.S.C. §§ 2701, et seq., and Missouri, or any other comparable Local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. This definition includes all federal, state or local land use laws dealing with environmental sensitivity including, but not limited to, laws regarding wetlands, steep slopes, aquifers, critical or sensitive areas, shorelines, fish and wildlife habitat, or historical or archeological significance. As used in this Sublease, "Hazardous Substance" means any hazardous or toxic substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from.time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material waste or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their by- products. TWD:dsg 091197:69465 l:\agreemen\forms\leaseMower\to~versub.doc r ~ Site No.: OR-73/Winter Springs State: Florida County: Seminole ~'°H"~".~.°~ CONSENT, NON-DISTURBAi~1CE AND ATTOI21~1MENT 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 SPRNGS, a Florida incorporated municipality, whose principal office address is 1126 East S.R. 434, Winter Springs, Florida 32708 ("Landlord"), APT TAMPA/ORLANDO, 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, Landlord 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, Landlord entered into that certain Site Agreement for Land dated December 12, 1997 ("Ground Lease") with Sublandlord pursuant to which Sublandlord leases the property, more particularly described in Exhibit "B" attached hereto and incorporated herein by reference ("Subject Parcel"), for an initial term commencing on December 12, 1997 and terminating at midnight on Dec~rnber 18, 2002. WHEREAS, Sublandlord desires to Sublease a portion of the 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, intending to be legally bound hereby, agree as follows: 1. Landlord acknowledges and agrees that: (i) the Ground Lease remains in full force and effect; (ii) that Sublandlord is in good standing under the Ground Lease; and (iii) that Sublandlord has not been nor is now in default under the terms of the Ground Lease. 2. Landlord acknowledges and agrees that by executing this Agreement, Landlord consents to Sublandlord entering into a Site Sublease Agreement dated July 1, 1999 ("Sublease") with Subtenant. 3. Landlord and Subtenant acknowledge and agree that in the event Sublandlord defaults in the performance of its obligations under the Ground Lease, whether monetary or non- c:\sct\at&t\1001278\OR731se~PTapproved 6-ZI-99.c1 t ~ ~ 1 ~ ~ monetary, Landlord shall provide Subtenant with written notice of the default. If Sublandlord fails to cure the default and Landlord terminates the Ground IGease 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 Landlord in full satisfaction of any sums that Landlord may claim are due and owing to Sublandlord under the Sublease. 4. In the event Landlord takes possession of the Subject Parcel, Landlord agrees that in the exercise of its rights, Landlord 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 of the Sublease. 5. If the interest of Sublandlord or any successor of Sublandlord under the Ground Lease and/or Sublease is terminated or extinguished, Landlord and Subtenant hereby agree to be bound to one another under all of the terms, covenants and conditions of the Sublease. From and after the occurrence of such event, Landlord and Subtenant shall have the same remedies for the breach of any provision of the Sublease that Sublandlord and Subtenant had before Landlord succeeded to Sublandlord's interest; provided, however, that Landlord 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 Sublandlord (including Sublandlord). 6. Landlord 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 Premises for an initial term which shall terminate at midnight on December 18, 2002 and that the Sublease shall automatically renew for fo~.ur (G) renewal term(s) of five (5) years. If Sublandlord 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 Landlord. Notwithstanding Paragraph 6.B(i) of the Ground Lease, Landlord acknowledges and agrees that in the event that Sublandlord elects not to renew the Ground Lease or elects to terminate the Ground Lease and Landlord 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 assumption 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 Landlord or any subtenants of Sublandlord which are permitted under the Ground Lease. c:\sct\at&t\I 001278\OR731seAPTapproved 6-21-99.c1 r~ i Attest: Print Name: Print Title: [Corporate Seal] IN WITNESS WHEREOF, the undersigned have signed this Agreement as of the date Frst set forth above. WITNESSES: "Landlord" CITY OF WINTER SPRNGS, a Florida Incorporated municipality Print Name: By: Print Name: Print Name: Title: Print Name: Print Name: "Sublandlord" APT TANIPA/ORLANDO, INC., a Delaware corporation By: Print Name: Barry M. Brown Title: Director Engineering & Operations c:\sct\at,4ct\IOOlZ73\OR731seAPTapproved 6-21-99.c1 3 .`~ ~ "Subtenant" AT&T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation By: Print Name: Print Name: Mary DiOrio Title: Director of Network Realization Print Name: LANDLORD ACKNOWLEDGMENT STATE OF COUNTY OF ss: On before me, Notary Public, personally appeared ~ ,personally known to me (or proved to me on the basis of .satisfactory evidence) who has produced as identification 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 instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: c:~sct~at3ce\ t o0I 278\O R731se.4PTapproved 6-21-99.c1 4 s' ' ~ Y • SUBLANDLORD ACK1~10WLEDG~IENT STATE OF ) ss: COUNTY OF ) On before me, Notary Public, personally appeared Barry M. Brown, personally known to me or who has produced as identitcation and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on [he instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: SUBTENANT ACKNOWLEDGMENT STATE OF - - ) ss: COUNTY OF On before me, Notary Public, personally appeared Mary DiOrio, personally known to me or who has produced as identification and acknowledged to me that she executed 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) Notary Public My commission expires: c:\sct\at&t\1001273\OR731seAPTapproved 6-21-99.d 5 - ! Exhibit ":~" to that certain Consent, Non-Disturbance and Attornment Agreement dated September 1, 1999, by and between the CITY OF WIC"TER SPRINGS, APT T~:~~LP:~/ORL ~vDO, NC. and ~.T&T WIRELESS SERVICES OF FLORIDA, NC. The Parent Tract is legally described as follows: PARENT TRACT L~C.~L OESGPIF i ~C~( LOi; i T}-~~~cCUC~? LS ~itit7 iiiCLUCI~`IC FiQO~`.'t jir;c'CT. LUtiriGl.L Lfl.'~r ~"'''a i PE S~1 iN CNE-H,~lf (51 /Z} Cf- 2N0 Sir,; `T ~ LUT~'~E~ PARK ACCCRO(NC TQ T'rtE PUT TNEREG~ rt5 ~ECCaGc'D IN PLAT BCCtC ((, P.1Cc {~ CF T'rit PL16UC ftECGROS Cf S'c111NG(..~ C~~'NT'~, rLC4?;Q~, gE;NG ~ PORTiC?ty Cr LOT Z7, BLQC}C 5 G~ o.R_ 1.(ITC.'~cL.%'S Sv'P,vEY GF TNc C=Y'f GRANT .~S RECCft0E0 IN PLAT BCX~C 1, P,ICt 5 CF T`: c" rUOL:C RECCF?OS OF Sc1(fNC~E C~Jh iY, i=L.Or~(OA, LYiI'ty NCR i r!EJ.S i t:..?L" C-F' S i.~ i`c ftG'.l0 4i 4 c^seP ~tact\ 1001273`.OR731sr:\PTapprovtd 6-21-99 cl 6 ,~ ~ ~ • ~ ~ Exhibit "B" (1) to that certain Consent, Non-Disturbance and Attornment A~ cement dated September 1, 1999 by and between CITY OF WINTER SPRNGS, APT T'~tiLP.r~,~ORLA~~DO, INC. and :~T&T WIRELESS SERVICES OF FLORIDA, :INC. The Subject Parcel and Subleased Premises are Iegaily described as follows: A:L i LET?~.4CTORPa~CE~OFi~~~JL~Cy`+'S~ ~~Q`r.. . TC~'~~;5~~?GSOL=--•R.P~+~~ 30 `-~.~ ~, S~LVOLc CCC,'`~`i `:', FrOR~ ~ ?FLAG ~ ?O~:?C~ OF L'~-~.LL ?- ~{ A.000RJ~G TO T=~_:-. ?L4T T"rTi~.Or AS ~.:,CO~DE.D I`r °L:iT BOG'K I ! , ?~_C==, C: r CL~..'L~CO~S Or S=~L'ti~OLY. COL~~?~:, rr 0~~, .~v7i B:~;G ~10R.;. ?:~,~::CUL~?.-Y 0=SC2"?ED A-S : GLLO'N:;: CO~~'~CL'`iCATT~~`ICRT'r:N~'STCQ~ti_Z0^S~Lr-~Z,-r n:,~{~i_~CL•SGu:~. 13° ]3' !0" w`EST A DfSTAtiCE OF [3?.00 ;=c~T 1~0 :'. ?CL'~i; i ^ ti-~ SGu i.1 7i' 01' ~Q" :AST A DIST_-~~:Cc GF =4.C(~ . ~~ L TO ire POD i 0: 3~GL`;?`~'~C: T-~Y.~,~CD tiC•~ i __ t3' :d' 'C" ~'•_ST A DIST{ ~~ O. 50-',0 F~,,..'0 A ?aGV-I'; :~,~'Ct SOLTci 7I' u: ~u' =r.S~: >. DiS T.~'~C~ Or ;O GO F~ TO A ?OLtii; I=j~C~ SOCK: ! 3° ~3' :0" ~ SST ~ DIS TA ~C= CF X0.00 FcE. TO :~ °OL~i L'; T?»`~Cc tiOR". %t Qt SO' ':v.S T ?~ DrSTA..`+Cc CF SO.bG c~.., . :~C . -~. ?OLti T Cc 3=Gi_`•~+~:C. CO`+i.-~~; ~ iG Z.~00 SQli.`~cy : =~ G?t 0.0~ ~ .~CZS ~IOc2...~- 0:? -S.. CR-73- `NIN'_R SPRINGS _=GAL OESCRIP'1CN a! L rr1AT TRACT OR PARCEL CF l.awC ~_'Gl`JG IN ScC:~C~`i 30, i0',4NSHIP 20 SCUT'-i, ,RANGE 30 E,-SST, SE.uI~~iCLE COUwTY, ,~LGR!vA. EEi~JG A ?CRrON OF LU TTRELL PAR'{ ACCORDING TO r riE PLAT r~IEPECF -~S R_COROEO !N PLA T 90CK 11, PACE ->•->• OF=iCIAL RECCRCS CF SE.4IINCLE .,CU~~+-`!, FLCRID~, ~`JC BE:NG ,UCRE PARrCULARLY CESCR!EED AS ; OU_C'NS: CO~.JMENCING AT THE NCRr~-iwEST CCR~~JER OF S,~IC ! l:l`~E~_ PARK; r-!E~~JCE SOUTH 18'58'10" 'NEST A DISTANCE CF 137.G0 FEET TO" A POINT; r~iENCE SCUTH 71'01'50" EAST A DISTANCE OF o8.C0 FEET TO THE POINT CF EEGINNING; T'riENCE NCRTH 18'S8'i0' EAST A DISTANCE OF 31.00 FEET TO POINT; THENCE SOUrri 71'01'0" E.~sr A DISTANCE vF 2E.C0 FEET TO A POINT; rr!ENCE SOUT'-1 18'58'10" 'WEST A DISTANCE CF 31.00 FEET TO A POINT; rHE~NCE NORTH 71~a1'SO" wESr a, asrANCE GF 2s.oa FEsT ro r~+E POINT OF BEGINNING. CONTAINING 806 SCUARE FEET ,UORE CR LESS c.~sct`at&c[~! 001 ?73`,OR731sz.-~PTapproved o-? I -99 c1 _ __ _ • f 'v „ 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~~IP_-~'ORLa~VDO, MC. and AT&T `VIRELESS SERVICES OF FLORIDA, INC. !5"`;l;RcSS;F~:RF.SS _.\_;..t.L`.Z~ .._1L_.ILLSS.RLJCI~_`! ALL i r \T 13.~\CT GR .°:L7.CEL OF L?.2~2~ L'm rG iN iFC'[Of: 75. T., .."' :0 i0(,'T'rf. P,A;;G c. )n BAST, SE.~I@+OLE COfJiv"i`!. FLOAfi)n, nE(?ir~ n VOK(1nN OF L(~ i~E:.' Pn RK nCCOan C;r, TV i c!E PL:\ C iFfER-EOF .\S RECORDED C1 ?L.~T CIOOK I I, ? aGF, u. CF:?Cia,L RrCJR D5 OF E?.[PULE COUNT'!, FLU RID n, A;-~'D B ECIG >fOF,E ?:\TT[Cf (L:\? L'! . r'_ ,i, ;,~ ED :\S FOLLO',~5 CO~~fNtL*ICLNG AT TF~ up P.TFf'•v'FST CORNEA OF SA[D LCf['T3ELL ?;.7_K: Tn'F`•rC'c SOt.'Ti[ t 4' i d' 10" WEST .1 D($TAAICfi OP 157 CO FEET TO :\ POfAR'; T'rln,~'C= SOt, ; ~ ; I' 01' S0" EnST n U[STA; ICE OF +y CO FEc`; TO TH F, t 0[`/ T CF 3EGRM'f*1G: TT ('ctiCc''v'~~L2 SCUT!-{ -f;'01'S0"E.\STaD(ST.~uCF.OFI:IIFEcT70:\?OM': rf°~rrc;:`L":-!'6•al'+3";',cST :\ DISTANCE l7?.7! FEET TO :A POINT. ir[FNCE SO(ITH (3° Sd' 10"'x =5-.~ D[STn2rCE OF !iL32 FcET TO A ?OCR' O;1~?[E NORi':[EA.SiER~.Y ZG[{T-OF-WAY Lnr-_ OF STATT_ RO,~ ,:n. y}y THENC'c ; 7.00 FEET nLONCi SACD RtGifT~OF.wA Y LfYE. ALONG T'~- , ~.,, OF A CL"R'/F CU NCA VE TU TF{'c vORl>a, FL\VCJG ,\ DELL\ ANGLE OF 00" CI' 7n', ,\ F_\.7Rf : C7F 1dy76.7t FE.""C, A CHORD 8'c~PLrG OF VORTF{ 7 T' So' ] 5" IVES T , n.; rU n ~ -pP~ OF f 790 FEET TO A POCR'; TF[E'~CE NORTit I t• 53' f0" E.aST, DE?:\.RTCIG SA;D RIGFC'-GF-'+7n'C LL`!E', .~ D(STn NCF. OF 1a297 F'cET TO A ?O fNT; '[rfF_>;CE NOR:?[ ?n' 01' +3" EAST .a DfST.a: !(E OF 173.99 FEET TO TFfE ?Of,NT OF HEGCD;NClG. CO`R'N?TNG 1,2:5 SQUnRE FEET OR 0.023 :\C?~ },(ORE OR LESS. ~~ruTr' _.A~;. _YT -\' f .`~.: _1.L_2:.~_iC~°iCLl~v ~:... i..-LIT .~A:';JR .:,?f_c_ .-,1C-...'rT1rG C; SE~T".9N -. _:,~ _~ 7Jii: r[. S: ~.`!G: :~) F:\SL ...cl~[L` ._E .7r,?mr, -__..~..~. 3F.iN'rJ.7 ?GRi ~., ".. ,--___ . _ _~ {::,=0a;.D;~~ _ ,.-= ~ UT !?,_.-__°OF .\S RF.(-03^FD :: U' 30CK I I~ ?, r,F ~_ P- ;r.~ , o,._O?.:::5 CF .7F~'.C?InC_'~COC.T~T'%. FLORCD.~.?_fD BcCrf;:AIi FOOT'.t~iEL.__'-. _, __c. ._°.`~i L'r': ri '.. .=.,'-I.E=C:\:(D?,:i„F(T,7F 7i.,r.c~'l.!'.)t~~It~D.~-.~r7!L ~~r_c~•.=.~._~._ ~ _ :)•(`•L°_`IC~ rG A ~ T~ ~'OP.; r .t e>T i:O P..`:=p. OF S.AL:) ~iJ i .~ 4~__ ?,+?_:. =_`:~'c S;J(~ i r( i {° J~i' 10" "/EST:A D15 T.~tlCF. JF li'.U7 F'cET TO .A .-'O C,' -'(c,.;;=5:: _-. 'l' JI =O'~ p.~ST 1 CST.~r~OF75..r.t FE~TO T'-LE?^C~""OF9°_CCR(TIQ: Ti[EVCE SO~_-.Ii'Ji'+.7"'.vA C, -.~)1CE OF t??.5. ,,-E='TC -\ :., ..- .-. _~ SCUT?I 1.3' )i~ ,. ~iS ,.., ~.E OF I:?.i9 FEET T.O.\?OCrT,,,'~rG7.SC=.-ET%!ORT'y.. TERL'COFTh_NC: __"-_^~ '"' ~CiHT-OF- . "'•~'.1Y Ljr'OF ST.~T=ROAD Nn^+l+;ri_°:rCE 17731 FEET.:\;.OPI:: T_-~~._"~F.~.^~?,'.~ L':'CI(; 7.50 FEET r`ICRTiC..°.\S7"?.Y OF.\:?) ?:W..~[L?L `~Z~ ~ S? ~ ?.G?'.~..c.~;;.aY LC~_, i:\:DCC.~'~'dE7S1000tiC.\~c?'0 =~;CL'('A~ST„L-\'~ufr;aJcL-,.,~:IGLzCFOU'!5'Ji.. .\ ?_~7(iiS Of i9.t37.'_,t FE~:.:\ C30?^ 3~-L~,;.'~iG CF SOUTF! i3' JZ' ; . °_.+.ST, .4~"D .\ C'r[ORD ~)F 177.31 Fr ET TOT'r~„POCrTOFT22vfC%.tT(ON LS' RTr.ITY F\cFV cNT "D" [ ^~~II~SL~ttLILQV ALL TzG~ r TRAC'C UR PARCEL OF [.\; fD LtT; rG rt~! S"eCCTOv 7~, TO'•~~:5r~"~ 20 SGUTFL R,~i 1GE 7o EAST, ;EirIINGLE COU'~TY, FLORID:\, DE&jG A PORT10;1 OF L;,'ri.t=LL P.4..C:C ACCORDav'G TO THP PLAT iTlEREOF AS RECORDED LN PLAT 600K l I, PACE u, CFF[CUL RECORDS OF SE~fi7'rOLE COUNTY. FLORA, AND BE:NG A t5 FOOT vrIDE GTTL[T't =AS:;.[~;1'C L'CQYG 7.50 FL-ET LEFT AND RIGFCi OF TF(E FOLCO'.VL`1G DESCRIBED CETT2LLNz: COtifh[LNC;NG AT Tt fE NORTFRVEST COR,`+ER OF SAID LUTT7„LL ?A.C:. TH'cirC°_ SOUTH 13' S9' t0"uEST A D(STAN Cc OF l57!lr) FEET TO n PO(M; TF[ENCESCU ; d 7t' Ot' So" EAST A D[STANCE OF 51.YJ FE5T TO TF(E PO(YC OF BEGONNLNG; TF{E;tCE 50:J =' 0.• 17' 16" EAST A DISTA.ICL- OF 110.00 FEET TO TF[E POCtT OF TERt`fL~rATiON. ~'`SCP,a[3ctt.(0012'3\OR731sa:~P-I':Ipprovzdo-'_1-99.1 s