HomeMy WebLinkAbout2007 07 11 Public Hearing 501 Vertex Development Conditional Use - Telecommunications Tower
BOARD OF ADJUSTMENT
AGENDA
Public Hearing X
July 11, 2007
Meeting
MGR.
DEPT.
REQUEST: The Community Development Department requests the Board of
Adjustment hear the request of Vertex Development, LLC for a Conditional Use to allow
a telecommunications tower, on a 70' x 70' lease site, at the Tuscawilla Country Club
(1500 Winter Springs Boulevard), in the Tuscawilla Planned Unit Development (PUD).
The site is located within the PUD zoning district ( the site has a Recreation and Open
Space FLU designation).
PURPOSE: The purpose of this agenda item is to request the Board of Adjustment
consider the appropriateness of the proposed 150' tall monopole telecommunications
tower (cell tower) and its associated site improvements, pursuant to the criteria set forth
in Section 20-33 and Section 20-451 of the City's Code of Ordinances. Section 20-33
sets forth the criteria and process for a conditional use. Section 20-451, as amended by
Ordinance No. 2006-12, sets forth a 3 tiered zoning system for the location of all
proposed telecommunication towers within the City.
The first tier allows telecommunications towers as a permitted use at 4 specific, mapped
sites within the City (the City's wastewater treatment plant #1/west plant, the Seminole
County School Board Consolidated Services Facility - a.k.a. "bus barn, the City's west
effluent disposal sites - located at the SE quadrant of Site 16, east of the percolation
ponds, and the City Hall site).
The second tier allows telecommunication towers to be considered for a conditional use
at the following sites:
a. On property owned by the City of Winter Springs that is designated
public/semi-public on the City's future land use map; or
b. On an existing commercial or industrial building, not located or incorporated
within a single family residential area, provided the tower does not extend
more than ten (10') feet above the roof line of the building and the tower does
not exceed the applicable maximum height limitation in the City Code; or
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c. Within (enclosed) an existing church steeple or other type of existing structure
which exists for a primary purpose other than for personal wireless services.
It is the intent of this subsection to take advantage of existing structures for
providing personal wireless services and not to allow the construction of new
structures for said purposes; or
d Upon existing sports lighting structures, utility structures, and water tanks,
provided the structure is not located within a single family area, the tower
does not extend more than ten (10') feet above the top of the existing
structure, and the tower does not exceed the applicable maximum height
limitation in [he CiTy Code; or
e. On the site of the proposed Fire Station #3 which is to be located on the south
side ofS.R. 434 in Tuscawilla Tract 15, Parcel 3 (approximately 2300feet
west of Vistawilla Drive). Said tower, if approved, shall not exceed one
hundred twenty (120') feet.
The third tier allows a request a for conditional use for a site not listed in tier one or
tier two, if the applicant presents competent, substantial evidence which
demonstrates that the first two tiers are not available or technically feasible for
locating a tower. A telecommunication tower shall be considered for a conditional
use on the following preferred sites, which are listed in the order of preference.
These preferred sites shall be considered in the sequence listed below and the
applicant shall be required to demonstrate, based on technical feasibility, that a more
preferred site is not available or suitable before requesting a lesser preferred site:
a. Property which has a future land use designation of Industrial.
b. Property which has a future land use designation of Mixed Use and is part of
a Development of Regional Impact.
c. Densely wooded or concealed areas limited to a golf course and areas of
property which have been designated conservation by perpetual easement and
on the city's future land use map. If a new telecommunication tower is placed
within trees or wooded areas, the tower shall be concealed by the surrounding
trees or wooded areas to the maximum extent possible to minimize the
visibility of the tower from any road, occupied building, and fairway if located
on a golf course. Trees can be existing on the subject property or installed to
meet the requirements of this subsection, or they can be a combination of
both.
d Property which has a future land use designation of Greeneway Interchange
District.
All other locations shall be prohibited. Further, the construction of a tower for
speculative purposes shall be prohibited. For purposes of this code, it shall be deemed
primae facie evidence that a tower is being built for speculative purposes if the applicant
cannot provide with the application written evidence that one or more carriers have
committed to locate on the proposed tower within three (3) months ofthe construction of
the tower for a period of at least five (5) years.
July 11, 2007
Public Hearing 50 1
Page 3 of 10
APPLICABLE LAW AND PUBLIC POLICY:
Section 9-600 through 9-606 of the City's Code of Ordinances
Section 20-33. Conditional Uses
Section 20-451, as amended by Ordinance No. 2006-12, Telecommunication Towers
Settlement Agreement and Amended Settlement Agreement No.1
The Telecommunications Act of 1996
Section 365.172 Florida Statutes
CONSiDERATiONS:
Cell phone service in the Tuskawilla P.D.D. has been problematic for some time. The
applicant proposes to locate a 150' tall monopole tower on a 70' x 70' lease site at the
140 + acre Tuscawilla Country Club site within the Tuscawilla Planned Unit
Development (PUD) that has a Recreation and Open Space FLU designation (a potential
Tier Three location). The proposed site is located near the southwestern end of the
existing driving range.
The applicant must provide evidence that the proposed structure meets the criteria set
forth in Subsection 20-451 (as amended by Ordinance 2006-12) of the City Code as well
as the conditional use criteria in Section 20-33. The attached application packet includes
the applicant's responses to the Section 20-33 criteria and Section 20-451 criteria. In
addition, the applicant must provide evidence that the proposal meets the requirements of
Section 9-600 through 9-606 of the City's Code of Ordinances (Aesthetic Review
Standards).
Pursuant to Section 20-451, all telecommunication towers must comply with the
following development standards:
1. They shall be located as far as technically feasible from properties that are
designated residential on the City's Future Land Use and Zoning maps and shall
comply with all other applicable distance standards which are set forth in the City
Code.
The applicant must substantiate, that the proposed tower is as far as is
technically feasible from properties designated residential on the City's FLU
and zoning maps. The request appears to comply with the other applicable
distance standards (e.g. the lease site appears to be at least 200' from the
nearest residential properties along Augusta National Boulevard and E.
Pebble Beach Circle, in Country Club Village). The minimum distance from
residential properties is 125% of the height of the proposed tower. The 200'
distance represents 134 % of the proposed tower height.
2. To the extent feasible, the lowest height technology must be incorporated
including, but not limited to, micro-cell technology.
The applicant must substantiate that the proposed tower and future co-
locators will incorporate the lowest height technology, including, but not
limited to, micro-cell technology. The applicant has stated that the proposed
height is the minimum height required to accommodate seven carriers (co-
locators). In addition, the 150' monopole is proposed to be located among
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mature vegetation which might have an impact on the proposed tower height.
Staff has included as a part of this document, a report from Arthur K. Peters
wherein he details some alternate technologies, including the use of multiple,
low-height towers (as in Medina, Washington) and the use of stealth and
disguise facilities. Other low height technologies may be available and
should be considered before approving a 150 high monopole.
3. Tower height must be the minimum necessary to serve the applicant's needs (not
to exceed a total height of 165' or a height calculated based on a tower setback of
125 percent of the tower height measured at grade from the base of the tower to
the closest residentially zoned property line.
As stated in item #1 above, the site appears to be approximately 200' from
the adjacent Country Club Village residential subdivision. As also
referenced above, the number of co-locators was a justification given by the
applicant for the 150' tower height. In addition, staff noted the nearby dense
tree canopy as being a potential influence on the tower height. No technical
data was provided by the applicant which addressed the use of some of the
more effective stealth technologies. As previously stated, other low height
technologies may be available and applicable and should be considered
before approving a 150 high monopole.
4. The most effective stealth technology (including stealth technology) must be
incorporated.
The use of a 150' tall monopole does not appear to represent use of the most
effective stealth technology. However, staff also recognizes that there are
numerous other factors, including the number of co-locators and the existing
tree canopies on adjacent parcels, which influence the design of the proposed
facility. The antennae shall be internally-mounted/concealed rather than
close-mounted. Further, other stealth technologies should be employed to the
maximum extent feasible.
5. The location must be the least visually intrusive in the community.
To address this requirement, the applicant has provided a visual impact test
(balloon test) which was performed on March 7,2007. This documentation
includes photographs of the balloon taken from various locations depicted on
a map. This test is attached as part of this report. This test provides
documentation of the visual impact of the proposed 150' tall monopole but
does not address the reduction of visual impacts on the community attainable
through the use of lowest height technologies.
6. The proposed tower shall be located in an area where the visual impact on the
community is minimized to the greatest extent possible.
As stated above in item #5, the applicant has provided the balloon test to
document/address the visual intrusion into the neighboring communities.
Again, there has been no consideration of the possible mitigation levels
attainable through the use of lowest height technologies.
July II, 2007
Public Hearing 50 I
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7. Antennas must be close mounted or concealed (however concealment shall be
encouraged and preferred to the greatest extent practicable).
Staff requires concealed antennae.
Like all other developments of structures and buildings within the City, Ordinance 2006-
12 requires all applications for location of a telecommunications tower to comply with
Sections 9-600 through 9-606 of the City's Code of Ordinances. These sections address
the minimum community appearance and aesthetic review standards of the application.
Pursuant to Section 9-603 of the City Code, the City Commission (as applied to this
application, a recommendation from the Board of Adjustment to the City Commission)
may approve, approve with conditions, or disapprove the application only after
consideration of whether the following criteria have been satisfied:
(1) The plans and specifications of the proposed project indicate that the setting,
landscaping, proportions, materials, colors, textures, scale, unity, balance, rhythm,
contrast, and simplicity are coordinated in a harmonious manner relevant to the particular
proposal, surrounding area and cultural character of the community.
The proposed 150' monopole is difficult to compare to any facility in the area except
the power transmission line poles in the area. The concrete poles for these lines are
approximately ninety (90') feet high and are similar in color to the proposed
monopole. The base of the monopole and the ancillary equipment is enclosed with
an 8' chain-link fence with three strands of barbed wire and associated landscaping
located along the exterior of the fence. The proposed landscaping meets the
requirements of Section 20-451 of the City's Code of Ordinances.
(2) The plans for the proposed project are in harmony with any future development which
has been formally approved by the City within the surrounding area.
While staff has received no formal application, we are aware of a possible future
development of residential units on the Country Club site. In addition, staff is
aware of a small addition to the south side of the clubhouse restaurant. As stated
above, staff has received no formal application for review nor have we seen any site
plan for the possible residential units. These projects represent expansion of an
existing facility and the addition of more residential units to the area. The use of
lowest height technology, even if additional towers are necessary to cover the service
area, would be more in harmony with the existing and future development and
existing recreational uses in the area.
(3) The plans for the proposed project are not excessively similar or dissimilar to any
other building, structure or sign which is either fully constructed, permitted but not fully
constructed, or included on the same permit application, and facing upon the same or
intersecting street within five hundred (500) feet of the proposed site, with respect to one
or more of the following features of exterior design and appearance:
(A) Front or side elevations,
(B) Size and arrangement of elevation facing the street, including reverse
July 11, 2007
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arrangement,
(C) Other significant features of design such as, but not limited to: materials, roof
line, hardscape improvements, and height or design elements.
The proposed 150' monopole can best be compared to the transmission line power
poles located in the adjacent power line easement. This easement is located
approximately sixty (60') feet west of the proposed monopole lease site. These
concrete power poles are approximately ninety (90') feet tall. The monopole can be
painted white which will somewhat resemble the color of the concrete transmission
Hne poies.
(4) The plans for the proposed project are in harmony with, or significantly enhance, the
established character of other buildings; structures or signs in the surrounding area with
respect to architectural specifications and design features deemed significant based upon
commonly accepted architectural principles of the local community.
The proposed 150' monopole will exceed the height of the transmission line poles by
approximately sixty (60') feet. While the proposed monopole is unique in
Tuscawilla in terms of its purpose and appearance, the use of lowest height
technology could substantially improve the project's relationship to the established
character of other buildings and structures in the surrounding area.
(5) The proposed project is consistent and compatible with the intent and purpose of this
Article, the Comprehensive Plan for Winter Springs, design criteria adopted by the city
(e.g. Towne Center guidelines, SR 434 design specifications) and other applicable federal
state or local laws.
The use of a 150' monopole, when considered in light of the aesthetic review section
of the Code, does not represent consistency and compatibility as defined by this
section. The use of lowest height technology would allow for greater consistency and
compatibility with the surrounding neighborhood. Section 20-451, as amended by
Ordinance 2006-12, requires Tier Three sites to demonstrate that no Tier One or
Tier Two locations are available or technically feasible for the location of a tower.
The applicant has provided no information relative to the requirement. Pursuant to
the Tier Three site requirements, the proposed site does appear to be a densely
wooded/concealed area located on a golf course.
(6) The proposed project has incorporated significant architectural enhancements such as
concrete masonry units with stucco, marble, termite-resistant wood, wrought iron, brick,
columns and piers, porches, arches, fountains, planting areas, display windows, and other
distinctive design detailing and promoting the character of the community.
The use of architectural enhancements is all but precluded when utilizing alSO'
monopole structure. The applicant has incorporated no significant architectural
enhancements into this project. Such enhancements might be a major element to
lower height facilities as would be the possible incorporation of these lower height
solutions into existing or compatible architectural elements. Examples may include,
July 11,2007
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but not be limited to, bell towers, entrance features, incorporation into existing
architecture, and clock towers.
OTHER FACTORS:
Another cell tower site has been proposed on the City's East Waste Reclamation Facility
site located at 1560 Winter Springs Boulevard. This site is a Tier Two site as defined by
Ordinance 2006-12 and is the subject of the preceding agenda item (Item # 500 on the
Board of Adjustment agenda for July 11, 2007). Should the Board of Adjustment
recommend approval ofthe Tier Two site, the Tier Three site that is the subject of this
report would not be viable as a stand alone cell tower site because of the stipuiations set
forth in Ordinance 2006-12 stating that anyone proposing a Tier Three site must present
to the City competent substantial evidence which demonstrates that Tire One and Tier
Two locations are not available or technically feasible for the location of a tower. The
Tier Three site could be considered as part of the employment of lowest height
technology wherein multiple sites would be required to provide adequate wireless service
to the area.
The proposed telecommunication tower site is subject to a final order approving
settlement agreement and amended settlement agreement#l, recorded in Official
Records Book 3102, page 1356, as amended by the second amendment to settlement
agreement, recorded in the ORB 3146, page 0454. Said agreements state that the
subject property shall be developed as single family, detached residences. The
proposed cell tower is inconsistent with the agreements. An amendment to the
settlement agreements would be required to permit a cell tower on the subject
property.
FINDINGS:
1. The parent tract contains a golf course a Recreation and Open Space FLU designation.
2. Any approval of a telecommunications tower on the proposed site will require an
amendment to the applicable settlement agreements.
3. Pursuant to Section 20-33 of the City Code, "all conditional use recommendations and
final decisions shall be based on the following criteria to the extent applicable:
a) Whether the applicant has demonstrated the conditional use, including its
proposed scale and intensity, traffic-generated characteristics, and off-site
impacts, is compatible and harmonious with adjacent land uses, and will not
adversely impact land use activities in the immediate vicinity."
The concept of harmony and compatibility, as applied to the proposed
facility, is different than for an addition to a building. The only other similar
structures in this immediate area with which this monopole can be compared
are the Transmission line power poles, which are approximately sixty (60')
feet shorter than the proposed monopole. The off-site impacts are limited to
the visual presence of the tower on surrounding residential and recreational
areas. The use of lower height technology would lessen this impact.
July 11,2007
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b) Whether the applicant has demonstrated the size and shape of the site,
the proposed access and internal circulation, and the design enhancements to be
adequate to accommodate the proposed scale and intensity of the conditional use
requested. The site shall be of sufficient size to accommodate design amenities
such as screening, buffers, landscaping, open space, off-street parking, and similar
site plan improvements needed to mitigate against potential adverse impacts of
the proposed use."
The appiicaiion for ihis faciiiiy specifies a 70' X 70' compound. 1 he
drawings associated with this application detail a 50' X 50' lease area. While
the applicant must confirm which specification is correct, it would seem that
either layout will accommodate the tower and its ancillary equipment as well
as an adequate landscape area. Staff understands that a slight modification
may be necessary once the exact location is established. Details regarding
access, power supply feeds, and the source of power will be addressed as part
of the final engineering for the proposed tower.
c) Whether the proposed use will have an adverse impact on the local
economy, including governmental fiscal impact, employment, and property
values. "
Theoretically, the proposed faciliiy could have a positive impact on the local
economy because it could enhance wireless communications in the Tuscawilla
area. If the applicant employed concealment, low height, stealth
technologies, impact on property values could be negligible.
d) Whether the proposed use will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and wildlife,
open space, noxious and desirable vegetation, and flood hazards."
The proposed facility will not have an adverse impact on the natural
environment, subject to the applicant providing a listed species survey
indicating no adverse impacts. In addition, a surveyor statement from the
applicant determining documenting that the tower lease site of the site is
outside the 100 year floodplain must be submitted. A tree survey showing all
tress within 75' of the lease area must be submitted indicating those trees to
be removed.
e) Whether the proposed use will have an adverse impact on historic, scenic,
and cultural resources, including views and vistas, and loss or degradation of
cultural and historic resources."
Staff does not believe that the proposed tower will create any of these adverse
impacts except for the possibility that an adverse impact may occur to the
scenic resources of the area. The 150' height question needs to be addressed
July II, 2007
Public Hearing 501
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as part of the consideration of scenic resources. At issue are the scenic vistas
and views and the potential adverse impacts to the area's scenic resources.
f) Whether the proposed use will have an adverse impact on public services,
including water, sewer, surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and bicycle and
pedestrian facilities."
Staff does not believe the proposed use will create any of these adverse
impacts.
g) Whether the proposed use will have an adverse impact on housing and
social conditions, including variety of housing unit types and prices, and
neighborhood quality."
The proposed monopole should not impact social conditions and the variety
of housing types. Housing prices and neighborhood quality are potentially at
risk of being affected because of the visual presence of the proposed
monopole. The use of lowest height technology will decrease these potential
impacts.
CONDITIONS OF APPROVAL:
1. Provide a tree survey for the area within 75' of the lease parcel.
2. Provide a Listed Species Report and sufficient documentation to verify
that the proposed facility location is not in the 100-year floodplain area.
3. Any proposed tower solution must be compliant with Section 9-600
through 9-606 of the City's Code of Ordinances to the greatest extent
possible.
4. The applicant must provide credible and compelling data documenting
that the lowest height technology required to provide personal wireless
service to the Tuscawilla area has been used.
5. The applicant must provide competent substantial evidence which
demonstrates that Tier One and Tier Two locations are not available or
technically feasible for the location of a tower.
6. Amend the applicable settlement agreements to allow the installation of a
telecommunications tower on the subject parcel.
7. Any other conditions deemed appropriate by the Board of Adjustment to
meet the requirements of the applicable City Codes.
RECOMMENDATION:
Based upon the requirements contained in the applicable City Codes, including the
aesthetic review code (Section 9-600 through 9-606) and Section 20-451 as amended by
Ordinance 2006-12, it is questionable as to whether a 150' monopole meets the criterion
stipulated by the City for the use of lowest height technology and aesthetic compatibility
and harmony requirements under the Code.
July II, 2007
Public Hearing 501
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Staff requests the Board of Adjustment consider the information presented in this staff
report and during the public hearing testimony and, if the Board is satisfied that the
request is consistent with all applicable criteria and code provisions, including whether or
not the applicant has provided competent substantial evidence which demonstrates that
Tier One and Tier Two locations are not available or technically feasible for the location
of a tower, make the recommendation they deem appropriate to the City Commission
based upon the criterion set forth in Sections 20-33 and 20-451 ofthe City's Code of
Ordinances. The Board of Adjustment's recommendation must take into account the
action taken on the previous agenda item relative to the Tier Two site proposal because of
the requirements for a Tier Three sile as ut:laileu in Oruinance 2006-12. In audition, the
Board must consider the necessity of amending the applicable settlement agreements.
The City Commission may consider the use of two or more shorter towers or the use of
concealed/stealth technology as an alternative to the one tower as proposed in this
request.
ATTACHMENTS:
A. Location Map
B. Ordinance No. 2006-12
C. Arthur K. Peters Report
D. Application package
E. City Manager Letter on Tower Height
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ATTACHMENT B
ORDINANCE NO. 2006-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, AMENDING
SECTION 20-451 OF THE CITY CODE REGARDING
TELECOMMUNICATION TOWERS AND ANTENNAS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VITI, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Commission has held several public workshops and hearings regarding
the current telecommunication tower ordinance and has determined that said ordinance should be
updated to potentially allow additional locations for telecommunication towers and/or other
appropriate personal wireless service facilities in order to enhance the quality of personal wireless
services that ar~ being provided to the citizens and businesses of Winter Springs; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare ofthe citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2. Code Amendment. The City of Winter Springs Code, Section 20-451,
Telecommunication towers, is hereby amended as follows: (underlined type indicates additions and
.suikc.out type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of
text existing in Section 20-451. It is intended that the text in Section 20-451 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
City of Winter Springs
Ordinance No. 2006-12
Page I of 18
Sec. 20-451. Telecommunications towers.
1. (a) DefInitions.
Antenna shall mean a transmitting and/or receiving device used in telecommunications
that radiates or captures electromagnetic waves, including directional antennas, such as
panel and microwave dish antennas, and omni-directional antennas, such as whips,
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Co-location shall mean telecommunications towers that have the potential to have three
(3) or more carrier antennas located on it.
Development review committee shall mean the city staff composed of the city manager,
land development coordinator, city engineer, public works/utilities director, community
development coordinator, building official, police chief, fIre chief.
Guyed tower shall mean a telecommunications tower that is supported, in whole or in
part, by guy wires and ground anchors.
Lattice tower shall mean a telecommunications tower that is constructed with a series
of struts forming a non-solid surface tower, without guy wires standing on and fastened
to an in-ground pier.
Microwave shall mean a dish antenna, or a dish-like antenna used to link
communication sites together by wireless transmission of voice or data.
Monopole tower shall mean a telecommunications tower consisting of a single pole or
spire self supported by a permanent foundation, constructed without guy wires with
ground anchors.
Panel antenna shall mean an array of antennas designed to concentrate a radio signal in
a particular area.
Personal wireless services shall mean any personal wireless service defined in the
Federal Telecommunications Act which includes Federal Communication Commission
(FCC) licensed commercial wireless telecommunications services including cellular.
personal communication services (PCS). specialized mobile radio (SMR). enhanced
specialized mobile radio (ESMR). paging as well as unlicensed wireless serviceS. and
common carrier wireless exchange access services.
Stealth facility shall mean any telecommunications facility which is designed to blend
into the surrounding environment. Examples of stealth facilities include architecturally
screened roof-mounted antennas, antennas integrated into architectural elements, and
telecommunications towers designed to look like light poles, mono-power poles or trees.
City of Winter Springs
Ordinance No. 2006-12
Page 2 of 18
Telecommunications tower shall mean a monopole tower constructed as a free-standing
structure greater than thirty-five (35) feet and no more than one hundred sixty-five (165)
feet in height including antenna, which supports communication, transmission or
receiving equipment. The term includes towers for the transmission or receiving
television, AM/FM radio, digital, microwave, cellular telephones, or similar forms of
electronic communication. Tne term exciudes radar towers, radio support siruciures
licensed by the FCC, transportable communication devices, private home use of satellite
dishes and television antennas and satellite earth stations.
Whip antenna shall mean a cylindrical antenna that transmits signals in three hundred
sixty degrees (360) degrees.
(b) Findings and intent. The city has with increasing frequency received requests to
approve sites for telecommunications towers. Land development regulations have not
adequately identified specific procedures to address recurring issues relating to the
approval of locations for telecommunications towers. Therefore, it is the intent of this
section to address the recurrent issues pertaining to the approval of telecommunications
towers upon parcels located in the city. Accordingly, the city commission finds that the
promulgation of this section is warranted and necessary:
(1) To protect residential areas and land uses from the potential adverse impacts of
telecommunications towers when placed at inappropriate locations or permitted without
adequate controls and regulation consistent with the provisions of law;
(2) To minimize the adverse visual impacts resulting from telecommunications towers
through sound and practical design, siting, landscape screening, and innovative
camouflaging techniques all in accordance with generally acceptable engineering and
planning principles and the public health, safety and welfare;
(3) To avoid potential damage to adjacent properties through sound engineering and
planning and the prudent and careful approval of telecommunications tower sites and
structures;
(4) To require shared use/co-location of existing and new telecommunications towers
(capability of having space for three (3) or more carriers) to avoid proliferation of
towers throughout the city. One (1) co-located position shall be reserved exclusively for
the use of the city;
(5) To ensure that location of telecommunications towers is consistent with the
provisions of the City of Winter Springs Comprehensive Plan, the East Central Florida
Regional Policy Plan, the state comprehensive plan as well as the provisions of state and
City of Winter Springs
Ordinance No. 2006-12
Page 3 of 18
federal law; and-
(6) To fix a fair and reasonable compensation, by resolution of the city commission, to
be paid to the city for the privilege to locat~ a telecommunications tower in the city and
defray the administrative costs of reviewing the applications. Also, a fee shall apply
separately to each antenna user on the tower or other support structure. Fee rates shall
be renegotiable when contract expires.;..;-
(7) To discourage new telecommunication towers and to encourage the use of existing
structures including. but not limited to. rooftops. sports lighting. utility poles. and
church steeples for deploying personal wireless service facilities: and
(8) To encourage the use of the lowest height technology to provide personal wireless
services including. but not limited to. micro cell technology.
(c) Applicability.
(1) All new telecommunications towers and antennas in the city shall be subject to these
regulations and all other applicable regulations. For purposes of measurement,
telecommunications tower setbacks as listed in subsection (1)(1) shall be calculated and
applied to facilities located in the city, irrespective of other municipal and county
jurisdictional boundaries.
(2) All new communicatio~ antennas (Le., stealth rooftop or building mounted
antennas) which are not attached to telecommunications towers shall comply with
subsection (1)(11). .
(3) All telecommunication towers existing on July 14, 1997 shall be allowed to continue
their usage as they presently exist. Routine maintenance shall be permitted on such
existing towers. New construction other than routine maintenance on an existing
telecommunications tower shall comply with the requirements of this section.
(4) For purposes of implementing this section, a telecommunications tower that has
received city approval or building permit, but has not yet been constructed, shall be
considered an existing tower so long as such approval is current and not expired.
(d) Location, permitted use$ and conditional uses.
(1 ) All telecommunication towers shall comply with the following development
standards:
0) . Thev shall be located as far as technically feasible from properties that are
designated residential on the City's Future Land Use or Zoning Maps and shall comply
with all other applicable distance standards which are set forth in the city code:
(ii) To the extent technically feasible. the lowest height technology shall be
City of Winter Springs
Ordinance No. 2006-12
Page 4 of 18
incorporated including. but not limited to. micro cell technology:
(Hi) Towers shall be erected to a height that is the minimum height necessary to
technically serve the applicant's needs. but not exceeding the lesser of one hundred
sixty-five (165) or a height calculated based on a tower setback of one hundred twenty-
five (125) percent oithe tower height measured at grade from the base of the tower to
the closest residentially zoned property line:
(iv) The most effective stealth technology (including stealth towers) shall be
incorporated:
(v) The location shall be the least visually intrusive location in the community:
(vi) The proposed tower shall be located in an area where the visual impact on the
community is minimized to the greatest extent practicable:
(vii) Antennas shall be close-mounted or concealed. However. concealment shall be
encouraged and preferred to the greatest extent practicable: and
(viii) The visual impact of all towers shall be reduced or eliminated to the maximum
extent possible by concealment. camouflage. and disguise.
(2) In addition to the standards set forth in subsection (1) above. the location of all
proposed telecommunication tower sites shall be determined based upon a tiered zoning
system. Specifically. a telecommunication tower shall be allowed as either a permitted
use or a conditional use depending upon the location of the applicable site:
(i) Tier One. Telecommunication towers shall be a permitted use
Telecommunications towers shall be a permitted use at the following sites (see map
attachment Figure 1 dated February 12. 2007 J nl, 14,. 1997) subject to other
regulations which may apply:
.a. City of Winter Springs Wastewater Treatment Plant #1/West Plant.
b. Proximate area of the Seminole County School Board Consolidated Services Facility
(alk/a Bus Barn).
c. City of Winter Springs West Effluent Disposal Sites: at the southeast quadrant of Site
16 east of the southern nerco!ation Donds.
. ~ ~
d. City of Winter Springs City Hall.
(2) A monopole shall be the permitted ty pc oftdeconununication5 to wee within the City
of Winter Springs. Stealth-designed monopoles Me cllcomaged by the dty.
City of Winter Springs
Ordinance No. 2006-12
Page 5 of 18
(:Hi) Tier Two. A telecommunication tower shall be considered a conditional use at the
following locations. provided the proposed tower complies with the standards of this
section and complies with the conditional use criteria set forth in 20-33 of the City
Code:
a. On property owned by the City of Winter Springs that is designated public/semi-
public on the City's future land use map: or
b. On an existing commercial or industrial building. not located or incorporated within
a single family residential area. provided the tower does not extend more than ten (10)
feet above the roof line of the building and the tower does not exceed the applicable
maximum height limitation in the City Code: or
c. Within (enclosed) an existing church steeple or other type of existing structure
which exists for a primary purpose other than for personal wireless services. It is the
intent oHms subsection to take advantage of existing structures for providing personal
wireless services and not to allow the construction of new structures for said purposes;
or
d. Upon existing sports lighting structures. utility structures. and water tanks. provided
the structure is not located within a single family residential area. the tower does not
extend more than ten (10) feet above the top of the existing structure, and the tower
does not exceed the applicable maximum height limitation in the City Code: or
e. On the site of the proposed Fire Station #3 which is to be located on the south side
of S.R. 434 in Tuscawilla Tract 15. Parcel 3 (approximately 2.300 feet west of
Vistawilla Drive). Said tower. if approved. shall not exceed one hundred twenty (120)
feet.
(Hi) Tier Three. If an applicant presents to the city competent substantial evidence
which demonstrates that Tier One and Tier T\"lO locations are not a;tailable or
technically feasible for the location of a tower. a telecommunication tower shall be
considered a conditional use on the following preferred sites. which are listed in order
of preference. The preferred sites shall be considered in the sequence listed below and
the applicant shall be required to demonstrate. based on technical feasibility. that a more
preferred site is not available or suitable before requesting a lessor preferred site:
City of Winter Springs
Ordinance No. 2006-12
Page 61?f 18
a. Property which has a future land use designation of Industrial.
b. Property which has a future land use designation of Mixed Use and is part of a
Development of Regional Impact.
c. Densely wooded or concealed areas limited to a golf course and areas of property
which have been designated conservation by perpetual easement and on the city's future
land use map. If a new telecommunication tower is placed within trees or wooded areas.
the tower shall be concealed by the surroun.ding trees or wooded areas to the maximum
extent possible to minimize the visibility of the tower from any road. occupied building.
and fairway if located on a golf course. Trees can be existing on the subject property
or installed to meet the requirements of this subsection. or they can be a combination
ofhoth. '
e. Property which has a future land use designation of Greeneway Interchange.
All other locations shall be prohibited. Further. the construction of a. tower for
speculativeputposes shall be prohibited. For purposes of this code. it shall be deemed
primae facie evidence that a tower is being built for speculative putposes ifthe applicant
can not provide with the application written evidence that one or more carriers have
committed to locate on the proposed tower within three (3) months of the construction
of the tower for a period of at least five (5) years.
Additional telceommtlllicatioll to ~cr site,s shall only be, permitted as a conditional use
pmsuant to this section. A ploperty dcelated eligible rot consideration as all additional
telcconmumication to~er site is City or-Winter Sptings File Station #3 to be located 011
tho south side"" S.R. 434 in Tusca~illa Tlact 15, rAIcc13 (apptoximately 2,300 feet
west ofVista~i11a DIivG). The tdecommunkations to~el located on this site shall.
Ieqttire a conditional use fIOm the Wintci S prillgS City Commission in acC01 dancc ~ ith
tlus section and applicable. City Code pIO v i,sions. The to ~cr on this site shall not excecd
a height of one hundted t~cnty fcGt (120) and shall only be, availablo as a to~el site
follo~ing approval by cit) commission as part of the gIant of tlle conditional use.
FolIo wing appIo val and eonstl tletion of the. fOUl (4) to ~eI 05 described in tlUs subsection,
additional to ~e.rs may be, applie,d for and justificd in ac.cordance. ~ith the applicable
standro:d,s fol a conditional use in the City Code., as wdl as th"so standMds.
a. The tOW"1 at plopos"d Pile Station #3 and any subsequent additional
tdcconummieation towel is l"quite.d fol public. safety "ommunkatioll needs, or
b. Technical data is presented by an applicant indicating that the proposed tower is the
om, techtucally feasible available. site, to assUle tele.collmmnkatioll,s sel vices cOverage
needs to Mea dti:z:ells, and
e. Sueh tcchnical data 3pcdfied in subscction b., abo"v'e, is not for speculative, untried
tek"olIunumeation,s uses but is fOI "Ulient technology Iecognized 01 approved for
City of Winter Springs
Ordinance No. 2006-12
Page 7 of 18
set vicc area necds and market conditions undelapplkable state, federal 01 loc.allaws,
regulations 01 oldinMccs,
d. All such tcclmical data shall be provided at cost to the applietmt. The dty may, in
approximate. c-ases ill its sole disc-letion, retain the sClvice of tec.hnically c,ompetent
c.Ollstlltants to evaluate the data submitted by an applicant to justify an additional towel
plliStlant to this oldinancc-. The applic-ant shall post a deposit with the city managel 01
l' .1" 1 1.11. ,. r 1 .1-1" I I .,
Jll~ U~~~5U~~ Ih ~ 5Ul.15U",u t..lat Ule a.lJp.h"an! .101 t le aualtlvl!lL tce\.-v!uJl!UIJ !Catlull to wer
pay s the full cost of techniC-a! I e. v ie. w of stlCh to wel by city IS e.ol1stlltant,and
c. Initial re'iicw of any additional telecommunication tower sites shall be by the city's
development leview committee.. The conditional tlse shall also be c,onsidc.lc.d by the
planning and zoning board which shall makG a 1 c.comm~ndatioll to the city commission
c.oneelning said conditional use, and
f. Additional to wel sites shall be.
(i) Locatcd as far as possible from residentially zoned property (and at least the
minimum set forth in this oldinancc), and
(ii) Erected to a height that is the minimum height necessary to technically serve the
applicant's needs, but not cxc,ceding the 1c.SSel of one htmdled sixty-fi vC (165) 01 a
height ealcwated based on a tOWel setback of one hundled tWGnty-fi ve (125) pc-Icent of
the to wel height measmcd at glade flom the base of the to wel to the closest! csidentially
roned property line, and
(Hi) The use of stealth to'V'v'Cr is cncomaged in accordance viith this section.
(e) Site plan: Application: Technical Supporting Data.
ill Any telecommunications company or entity that intends to install a
telecommunications tower in the city shall file a site plan for review and approval by the
city in accordance with the city code. All proposed towers requiring conditional use
approval shall be reviewed by the board of adiustment for compliance with this section
and other applicable provisions of the city code. Upon review. "the board of adiustment
shall make a recommendation to the city commission of either approval. approval with
conditions. or denial.
(2) All applications shall contain the information required by the City to process
applicable building permits. aesthetic review pursuant to section 9-600 et seq. of the city
code. site plan permits. and any other required development permits. Applications shall
City of Winter Springs
Ordinance No. 2006-12
Page 8 of 18
be processed within the time frames required by law. Additionally. at a minimum. the
following infonnation shall also be provided by the applicant:
a. Name. address. telephone number. and orig~nal signatures of the applicant and all co-
applicants.
b. Detailed description of the request.
c. Location infonnation including legal description of subject property.. parcel
identification. geographic coordinates. and name of nearest roads. street addresses. or
other landmarks.
d. Scaled elevation and engineering drawings depicting the proposed tower and related
facilities including all mounts. antennas. collocation spaces. and equipment facilities.
e. A current property appraiser aerial delineating the subjec~ property. the proposed
tower and related facilities within 1.000 feet of the proposed tower and facilities.
f. For proposed towers within trees and wooded areas. a tree survey identifying the type.
size (DBH). and height of existing and/or proposed trees within a 75-foot radius of the
proposed tower and related facilities.
g. Future land use and zoning designation of the subject property.
h. Any applicable letters of approval for the proposed request received by the applicant
from any other government agency including the FAA. FDOT. and FCC (ifpennitted
by law).
i. Documentation oflocation and site selection process. including search ring. location
and siting criteria. alternative sites in the area. and site selection methodology.
i. To the extent pennitted or required by law.. technical data. maps and analysis
showing the area to be served by the proposed tower and personal wireless service
facilities and any claimed gaps in coverage where the applicant desires to erect a tower.
In addition. technical data and maps demonstrating any other proposed. existing. and
authorized towers in the service area as the proposed tower and related facilities.
k. Documentation evidencing that one or more carriers have committed to locate an
antennae on the proposed tower for purposes of providing personal wireless services.
(3) The applicant shall provide a visual impact report that provides a line-of-sight
analysis including scaled and colored front. side. and rear elevation drawings or
photographs that depict the proposed tower and related facilities. The drawings or
photo~aphs shall also depict any significant natural and manmade features that affect
the buffering of the potential visual impact of the proposed tower and related facilities.
Upon receipt of the visual impact report. the City may require the applicant to conduct
a visual impact demonstration consisting ora minimum of two hour balloon test. which
shall demonstrate the maximum height ofthe proposed tower. The balloon test shall be
City of Winter Springs
Ordinance No. 2006-12
Page 9 of 18
scheduled with the City and representatives of the City shall be present at the proposed
site for purposes of evaluating the test.
e 4) For purposes of demonstrating technical feasibility under this section 20-451. the
.
applicant shall be required to submit. in coni unction with a site plan application and to
the extent permitted or required by law. technical data indicating that the proposed
tower is the only technically feasible available site to assure telecommunications
services coveraQe needs to area citizens. Further. such technicatg1!Yl not for
speculative. untried telecommunications uses. but is for current technology recognized
or approved for service area needs and market conditions under applicable state, federal
or local laws. regulations or ordinances. All such technical data shall be provided at
cost to the applicant. The city may. in approximate cases in its sole discretion. retain the
.
service of technically competent consultants to evaluate the data submitted by an
applicant to iustify an additional tower pursuant to this section. The applicant shall post
a deposit with the city manager or his designee in a sum such that the applicant for the
additional telecommunication tower pays the full cost oftechnical review of such tower
by city's consultant.
c. Illitialre.view of ally additional tclecommunication tower sites shall be. by the city's
devdopme.ut revicw cotnnlittcc. The conditional usc shall also be. considcte.d by the
planning and zoning bOaId which shall make arecommcndation to the <:.ity commission
concerning said conditional use, a11d
(as defincd in Chapter 20 "Zoning", if applicable
[TIllS P ACE INTENTIONALLY LEFT BLANK] and/or Chapter 9 "Land
Dc v elopment" Code ofOrdinallces, City of Winter Springs) with the land development
coordinato!. Said site plan shall be reviewed by tlu; development rcvic.w committce.
(f) Performance standards/design criteria.
(1) Setbacks.
a. Telecommunications tower setbacks shall be measured from the base of the tower to
the property line of the parcel on which it is located.
b. The setback requirements shall be a minimum often (10) feet from any lot line and
shall comply with setback requirements in this section or the City Code for setbacks
from adjoining uses.
(2) Separation of towers from off-site uses used to calculate maximum tower height.
Separation distances between telecommunications towers and the lot line of any
residential zoned property shall be used to determine the maximum height of a proposed
tower. The maximum height of any tower shall not exceed one hundred sixty-five (165)
City of Winter Springs
Ordinance No. 2006-12
Page 10 of 18
feet provided however that the distance from the tower base to the nearest lot line of
residentially zoned property shall be a minimum of one hundred twenty-five (125)
percent of the tower height.
(3) Measurement of height.
a Measurement of telecommunications tower height shall include antenna, base pad,
and any and all other appurtenances and shall be measured from the finished grade of
the parcel on which the telecommunications tower is located.
b. Telecommunications towers shall not exceed one hundred sixty five (165) feet in
height which shall include the antenna.
(4) Dlumination. Telecommunications towers shall not be artificially lighted except to
assure human safety as required by the Federal Aviation Administration.
(5) Finished color. Telecommunications towers not requiring FAA painting/marking
shall be. of such color that will blend with the surrounding environment.
(6) Structural design.
a. Site plan(s) are required and shall be submitted for approval as defined in Chapter 20
Zoning (if applicable) and/or Chapter 9 Land Development, Code of Ordinances, City
of Winter Springs, Florida.
b. Telecommunications towers shall be constructed in accordance with the EIAffIA
222-E Standards as published by the Electronic Industries Association, which may be
amended from time to time, ASCE 7-95, "Minimum Design Load for Buildings and
Structures," (Wind Loads Chapter), as published by the American Society of Civil
Engineers, and further defined by ASCE 7-88, "Guide to the Use of the Wind Load
Provisions", both which may be amended from time to time, and all City of Winter
Springs construction/building codes as indicated in a statement signed, sealed and dated
by a professional engineer licensed to practice in the State of Florida.
c. Such statement shall also describe the tower's capacity, number and type of antennas
it can accommodate. No tower shall be p~rmitted to exceed its loading capacity. For all
towers attached to existing structures, the statement shall include certification that the
structure can support the load imposed by the tower.
d. All new telecommunications towers, and those existing towers to be modified, shall
have the capability of having space for three (3) or more carriers. Upon request by the.
.Gi!x.- e Qne of these spaces shall be reserved exclusively for the use of the City of
Winter Springs. Tower owners shall accommodate other antenna users on their towers.
City of Winter Springs
Ordinance No. 2006-] 2
Page II of 18
e. Further, any improvements and/or additions (Le., antenna, satellite dishes, etc.) shall
require submission of a site plan signed, sealed and dated by a professional engineer
licensed in the State of Florida which provides substantial competent evidence of
compliance with the EIT trIA 222-E Standards ASCE 7-95, "Minimum Design Load for
Buildings and Structures," (Wind Loads Chapter), as published by the American Society
of Civil Engineers, and further defined by ASCE 7-88, "Guide to the Use of the Wind
LoadProvisions," bot; which may be amended from time to time, in effect at the time
of said improvement or addition.
(7) Public notice. Notice of any request, under this section, shall be published (in a
newspaper of general circulation) and personal notification shall be given to all property
owners located within three (3) times the height of the tower area. Personal notification
shall mean notice sent by first class U.S. mail, and to the board of directors of duly
recognized homeowners associations.
(8) Signage. No commercial signage or advertising shall be permitted on a
telecommunication tower unless otherwise required by law or the signage pertains only
to the posting of the property relative to trespassing. The use of any portion of a tower
or perimeter fence/wall for signs or advertising purposes, including company name,
banners, streamers, etc., shall be prohibited.
(9) Fencing.
a. A vinyl coated chain-link fence or masonry wall not less than eight (8) feet in height
from finished grade shall be installed by the applicant around each telecommunications
tower. Barbed wire or other fencing method to prevent pedestrian access to the tower,
not to exceed two (2) feet in height, shall be installed along the top of the fence or wall,
but shall not be included when calculating the height of the fence or wall.
b. Access to the tower through the fence or wall shall be through a gate which shall be
locked at all times the tower site is not being occupied by the person or entity in charge
of the telecommunications tower or site.
(10) Landscaping. The visual impacts of a telecommunications tower shall be mitigated
for nearby viewers through landscaping or other screening materials at the base of the
tower and ancillary structures in order to maintain visual aesthetics for those who must
view the site on a regular basis including, but not limited to, proximate residents <llld the
travelling public. The following landscaping and buffering requirements shall be
required around the perimeter of the tower and accessory structures;
a. A row of shade trees of minimum of eight (8) feet tall that will reach heights of forty
(40) plus feet, two and one-half (2 1/2) inches in caliper, and a maximum of ten (10)
City of Winter Springs
Ordinance No. 2006-12
Page 12 of 18
feet apart shall be planted around the outside perimeter of the fence/wall;
b. A continuous hedge shall be planted in front of the tree line referenced above; it shall
be at least thirty (30) inches high at planting capable of growing to at least thirty-six (36)
inches in height within eighteen (18) months shall be planted in front of the tree line.
referenced above;
c. All !a.lldscaping shaH be of the evergreen variety being a minimmn quality of Florida
#1.
d. All landscaping shall be xeriscape tolerant and shall be properly maintained by the
telecommunications tower owner/operator to ensure good health and viability.
The use of existing vegetation shall be preserved to the maximum extent practicable and
may be used as a substitute or supplement towards meeting landscaping requirements.
(11) Antennas on buildings. Stealth 100ftOP 01 building mounted antennas shall on!) be
pet:mitted afkl buildout to tlue, (3) co-locations on each of the fom (4) tower sites
indicated in subsection (d) abOve. After buildout oecms, then ~ S,tealth rooftop or
building mounted antennas may be erected. Any stealth rooftop or building mounted
antennas which are not attached to a telecommunications tower, shall be a permitted
ancillary use to any commercial, industrial, public buildings, utility installation, and
recreation (sites greater than ten (10) acres in size) land uses indicated on the future land
use map of the city's comprehensive plan provided that:
a. Antennas shall only be permitted on buildings which are at least fifty (50) feet in
height (the height requirement may be waived if public safety needs warrant the
antenna);
b. Antennas may not extend more than twenty (20) feet above the highest point of a roof
(this requirement may be waived if public safety needs warrant additional height);
c. Antennas and related equipment buildings shall be located or screened to minimize
the visual impact of the antenna upon adjacent properties and shall be of a material or
color which matches the exterior of the building or structure upon which it is situated;
d. No commercial advertising shall be allowed on an antenna or supporting structure;
e. No signals, lights, illumination shall be permitted on an antenna or equipment
building unless required by the Federal Communications Commission (FCC) or the
Federal Aviation Administration (FAA): and
f. No more than one (1) total unmanned equipment building shall contain more than
seven hundred fifty (750) square feet of gross floor area or be more than twelve (12) feet
City of Winter Springs
Ordinance No. 2006-12
Page 13 of 18
in height. All building shall be subject to regulations of the building department; and
(12) Equipment storage. Mobile or immobile equipment not used in direct support of
a telecommunications tower facility shall not be stored or parked on the site of the tower
unless repairs to the tower are being made, and are in progress.
(13) Schedule of structural integrity. Telecommunication tower owners/operators shall
submit to the building department a certified statement from a qualified, registered,
professional engineer, licensed in the State of Florida, attesting to the structural and
electrical integrity of the tower on the following schedule:
a. All towers examined one year after initial construction.
b. All towers every five (5) years;
c. The city may require such certified statement after a nearby unusually severe storm
event as determined by the (NOAA) national weather service.
(14) Transmission/reception interference. Each application to allow construction or
modification of a telecommunications tower shall include a certified statement from a
qualified, registered, professional engineer, licensed in the State of Florida, attesting that
the construction of the tower, including receiving and transmitting functions, shall not
interfere with public safety communications and the usual and customary transmission
or reception of radio, television, etc., service enjoyed by adjacent residential and non-
residential properties.
(15) Prohibitions with certain principal uses. Telecommunications towers are prohibited
when a proposed or existing principal use includes the storage, distribution, or sale of
volatile, explosive, or hazardous wastes such as LP gas, propane, gasoline, natural gas,
and corrosive or dangerous chemicals. This prohibition does not apply to emergency
generators.
(g) Co-location of communications antennas. The City of Winter Springs desires to
minimize the number and general proliferation of communication towers. This section
is intended to insure that telecommunication towers that are permitted within the City
of Winter Springs are utilized in a manner that provides for the maximum number of
service providers upon each tower within the context of technical feasibility and safety.
Further, this section is intended to minimize the number of such towers within the city.
Specifically, as a minimum, telecommunications towers exceeding one hundred (100)
feet in height shall be engineered and constructed to accommodate three (3)
communication providers. The city shall have the authority to require, specify and
otherwise stipulate that telecommunication towers be engineered and constructed in a
City of Winter Springs
Ordinance No. 2006-] 2
Page ]4 of ]8
manner that provides for three (3) co-locations as part of the conditional use and/or site
plan approval processes. As a condition of approval of all telecommunication towers
and to the extent that co-location is technically feasible, all owners of existing
telecommunication towers shall, upon request of another service provider and for
reasonable and agreed upon consideration, permit additional communication service
providers upon such existing telecommunication tower. Applicants desiring to construct
new telecommunication towers shall submit written documentation that clearly explains
the need for and reasons for the proposed construction of a new telecommunication
tower rather than locating proposed antenna array/communication equipment upon an
existing tower. Such documentation shall include plans of existing and future towers by
the applicant/provider in question, correspondence with existing telecommunication
tower owners and may include a cpst analysis of alternatives. Existing service providers,
e.g., existing telecommunication tower owners, that are unwilling, upon request of
another service provider, to allow co-location upon such existing tower, shall submit
written documentation to the city with reasons and justification as to why such co-
location cannot be accomplished. Competition between service providers shall not be
considered to be a valid reason for preventing or otherwise obstructing co-location. The
city shall determine whether the applicant and/or existing provider are reasonable and
correct in their respective assertions. If the city determines that either party is being
unreasonableor otherwise uncooperative, the city shall deny the applicant's request for
a new tower and/or the city may cause the existing telecommunication tower's approval
to be revoked and said existing tower to be removed. Such determination involving
existing tower owners shall be made in writing and adopted by a majority vote of the
city commission upon holding an advertised public hearing and notification of the
owner at least fifteen (15) days prior to such hearing. Upon adoption of such
determination by the city commission, the existing tower owner and the property upon
which such tower is located shall be considered to be a violation of the city's Land
Development Regulations and shall be subject to any and all remedies and penalties
thereof.
To minimize adverse visual impacts associated with the proliferation and clustering of
telecommunications towers, co-location of communications antennas by more than one
(I) carrier on existing or new telecommunication towers shall take precedent over the
construction of new single-use telecommunications towers as follows:
(1) Proposed communications antennas shall co-locate onto existing
telecommunications towers.
(2) Type of construction. A telecommunications tower which is reconstructed to
accommodate the co-location of an additional communications antenna shall be of a
monopole tower type. Stealth-designed monopoles are encouraged.
City of Winter Springs
Ordinance No. 2006-12
Page 15 of 18
(3) Height. An existing telecommunications tower may be modified or rebuilt to the
allowed height including antennas by compliance with this article;
(4) Onsite-Iocation.
a. A Telecommunications tower which is being rebuilt to accommodate the co-location
of an additional communications antenna may be moved onsite, but shall comply with
or maximize setback requirements from residentially zoned property.
b. After a telecommunication tower is rebuilt to accommodate co-location, only one (1)
tower shall remain on the site;
(h) Certification of compliance with Federal Communications Commission (FCC) NIER
Standards. Prior to receiving final inspection by the Winter Springs Building
Department, documented certification shall be submitted to the FCC, with copy to the
land development coordinator, certifYing that the telecommunications facility complies
with all current FCC regulations for non-ionizing electromagnetic radiation (NIER).
(i) Abandonment.
(1) In the event the use of any telecommunications tower has been discontinued for a
period of one-hundred eighty (180) consecutive days, the tower shall be deemed to be
abandoned. Determination of the date of abandonment shall be made by the building
official who shall have the right to request documentation and/or affidavits from the
telecommunications tower owner/operator .regarding the issue of tower usage. The
telecommunications tower owner/operator sh~l provide all requested information within
ten (10) working days of a request being made, and failure to so provide shall be
deemed to constitute one hundred eighty days (180) days of non-use ofthe tower. Upon
such abandonment, the owner/operator of the tower shall have an additional ninety (90)
days within which to:
a. Reactivate the use of the tower or transfer the tower to another owner/operator who
makes actual use of the tower; or
b. Dismantle and remove the tower. With regard to towers that received conditional use
approval, ninety (90). days after dismantling or the expiration of the two-hundred
seventy (270) day period as set forth in this section, the conditional use and/or variance
for the tower shall automatically expire.
(2) The City of Winter Springs, upon abandonment, and at its discretion, may assume
ownership of the tower at no cost, or require the owner to dismantle the tower at the
owner's expense. lfthe decision is to dismantle the tower, the property shall be cleared
of all appurtenances and returned to its natural state.
City of Winter Springs
Ordinance No. 2006-] 2
Page ]6 of 18
(3) An appropriate surety instrument to assure dismantling costs shall be provided by
the owner prior to a tower construction permit.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinarlces ~J.d resolutions adopted by the Cit)' Corr~ission, or pa..rts of prior ordina..llc.es
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance, including Figure I which is
attached hereto and fully incorporated herein by this reference, shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed
or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors
may be corrected and additions, alterations, and omissions, not affecting the construction or meaning
of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
[ADOPTION PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 2006-12
Page 17 of 18
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 12th day of February, 2006.
~ f. /!My{
. ~ . .
--- - -~~-~- --
JU~ Ii'. tlUMi, lYl;lyor,
ATTEST:
A LORENZO-LUACES, City Clerk
.I
Approved as to legal form and sufficiency for
the City 'nter Springs only:
ANTHONY . GARGANESE, City Attorney
First Reading:
January 22, 2007
Second Reading:
February 12,2007
Effective Date:
February 12,2007
City of Winter Springs
Ordinance No. 2006- 1 2
Page 18 of 18
Figure 1 to Ordinance 2006-12
February 12, 2007
\ I
,.
ATTACHMENT C
CONSULTING ENGINEERS
RECEIVED
APR 2 6 2007
ARTHUR K. PETERS
RADIO
TELEVISION
CATV
COMMON CARRIER
5422 NW 91 ST BOULEVARD
GAINESVILLE, FLORIDA 32653-2872
CITY 011 WINTER SPRINGS
.Q~t&l}.e,rCCE
(352) 331-0149
FAX: (352) 331 -8026
www.akpce.com
akpce@cox.net
April 17, 2007
Mr. Ronald W. McLemore
r':.h, ~ ..1...............................
VllY IVlalla~C;j
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Dear Mr. McLemore:
This is in response to your request for information concerning (1) the experience that the City of
Medina, Washington is having with disguise and stealth cellular technology, and, (2) will similar
technology work in Winter Springs.
The City of Medina is small, with a pop,ulation of about 3000 persons, a land area of 1.43 square miles
and a water area of 3.35 square miles. Its. population and area is ten times smaller and its tree density is
much lower than Winter Springs. Finally, Medina's terrain undulations are approximately similar to
Winter Springs except near tile water where the land abruptly falls to sea level.
I spoke with Ms. Rebecca Leslie, a planning consultant to the City, and with Mr. Joseph Gellings,
Director of Development Services. The City regulates Wireless Communications Facilities in Title 17,
Chapter 90 of its Municipal Code.
A feature most pertinent to this analysis is that Medina overall tower heights are restricted to 35 ft.
above ground, including all antennas. This restriction has given rise to a number of different tower
configurations. For example, one tower is a relatively thin pole-like structure. Another is disguised as a
light pole in a church parking lot. Another has recently been rebuilt using a fatter, shrouded cylindrical
tower. Co-location is encouraged on all towers. Some ground facilities are placed inside of in-ground
vaults having an above ground height of about 5 inches.
Medina has seven cellular towers. The spokespersons knew of few service problems. At present four
providers serve Medina over the seven towers. This implies that not all potential providers have physical
facilities in the City. It is believed that each tower supports a single provider. There are three cities
adjacent to Medina that likely have cell sites that provide service into Medina, possibly including
providers having no sites within Medina.
Since Medina cells use regular cellular equipment, there are no special technical issues relating to
disguise and stealth antennas. Only physical mounting and shrouding considerations differ between
normal and disguised facilities. For example, regular antennas mount to fake trees that hide the
antennas behind non-conducting fake leaves or needles. Also, regular antennas are used behind
shrouds within a lighting standard extension or a flagpole.
Because standard technology is employed in Medina, similar technology will work in Winter Springs.
However, due to the dissimilar size and population of the two cities, several important considerations
must be examined before employing the Medina experience.
Page 2
Mr. Ronald W McLemore
April 17, 2006
Most importantly, according to the Medina spokespersons, stealth and disguise facilities do not totally
hide cellular facilities and antennas, except in cases such as bell towers and the like. My personal
experience is that, for example, a tall bell tower or tall fake tree are almost as visually objectionable as
monopole towers because they can be foolishly out of scale and, as a result, more visible in some
locations and circumstances.
Another consideration is the number of towers required. In Medina there are seven towers in an area of
1.3 square miles for a tower density of 5.3 towers per square mile. If consideration is given in Winter
Springs to a 35 ft. maximulYl height then, for the typical number of providers in Florida, three more
providers must be accommodated. At 35 ft. it is doubtful that there would be any collocations.
Therefore. the tower density would rise in Florid.a to 10 towers with a density of 7.7 towers per square
mile. The Winter Springs area currently requiring improved coverage has a radius of about one mile
covering an area of about 3.1 square miles. It could require 24 towers to cover that area with 7
providers using 35 ft. towers. This includes both 800 MHz and 1900 MHz systems.
If towers were allowed 70 ft. heights the numbers would decrease both because of greater range and a
few collocations might occur. Even with this height increase the number of towers could, in this case,
require 6 or more towers. There is also the issue that quite possibly the providers will do nothing further
in Winter Springs because of the expense of multiple towers and cell site equipment.
I recommend some consideration be given to the utilization of a single, relatively thin cylindrical
(uniform cross-section) monopole structure that houses antennas and transmission lines inside a non-
conducting shroud. These structures seem to be less visually distracting and perceptually fade into the
background noise rather quickly. The finish should be non-reflecting and have a pleasant, neutral gray
color, as opposed to white or black. This type of structure has been termed a flagpole, but when used
as an actual (white) flagpole, is usually offensively out-of-scale.
Finally, as an update to my March, 2006 report, there has been little progress of cellular alternative
technologies. There are a few standards being voted on in the next months that will lead to the
development of dual mode service that is aimed at seamlessly merging Wi-Fi and cellular services.
However, current plans for these services revolve around computer centric operations such as short
messages, images and e-mail. While there is mention of voice services and efforts to include voice in
the initial standard processes, convenient and fluid cellular-like voice services are still years in the future
because there have been no viable suggestions or proposals relating to managing transfer of calls
between Wi-Fi networks and the public switched telephone (cellular) network.
Sincerely,
Arthur K. Peters, P.E.
Via Facsimile and USPS
..
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5966
FAX:407-327-6695
BOARD OF ADJUSTMENT APPLICATION
~ CONDITIONAL USE I SPECIAL EXCEPTION
o VARIANCE
o WAIVER
APPLICANT:
MAILING ADDRESS:
.:[GIU po... F L 33(ODG
~ ~ ~ ~~ t
PHONE & EMAIL A\ot\']lu i-Z - (it'!)3.35 -4110& / a.lQ(\i.Ul z. @ eQ~+hlir'\k.lle:
A",~ COc.~iQI'l-(~'s) qZ8'- 4403 / "M~. c.bc.k~at1@ t-owec..ja.l. COM
If Applicant does NOT own the property:
PROPERTY OWNER: JNutte.l ~~\{\~S C.~IU~
Last FIrst MIddle
MAILING ADDRESS: ~fa.\tIIs;;~;~, 53:J0'i5
Il j ,1/ Cit}' Sta~ I Zip Code I
PHONE & EMAIL -tlli~(.~Qtldl\e.L-C4~1).3~lq-.~SI.Mja~dt1e(l@tusc..wl.I(4.Cc..cO~
This request is for the real property described below:
PROPERTY ADDRESS: J ~ .WI'ilte~ ~(Llt1jS ~.: WllTte_1'it. ~ .f L 32.11://
TAX PARCEL NUMBER:---3..J - caC-3l-.6131S- neco - D~4A
SIZE OF PARCEL: {o I ldL.. J 13~. Dct S't. B . / ILlt). 5 ac. .
Square Feet Acres
EXISTING LAND USE: (\ b\-t' c.ouctse...
Current FUTURE LAND USE Classification: :=Re.c.~e. (A.h n (\ Wt'th ~lJ D \)~ e.ll \a+
Current ZONING Classification:J<eC.lteu:h'Oil w~+h VU\) oJe.~~
Please state YOUR REQUEST:
RECEIVED
Ar"'R ? 'el ~:"-"J
~ l :,,., ; L.'"-,,vJ'
CITY OF WINTER SPRINGS
Permitting.. Kim
M=h 2005
The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal
due process as required by law, including the right to receive notice, be heard, present evidence, cross-
examine witnesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or hearings, they will need a record of the proceedings and, for such
purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which
includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall
expire two (2) years after the effective date of such approval by the City Commission, unless a building
permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within
said time period. Upon written request of the property owner, the City Commission may extend the
expiration date, without public hearing, an additional six (6) months, provided the property owner
demonstrates good cause for the extension In addition, if the aforementioned building permit is timely
issued, and the building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and null and void. (Code of Ordinances, Section 20-36.)
THE FOllOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
g' A copy of the most recent SURVEY of the subject property.
~ A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
~ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
a JUSTIFICATION for the Request (See Attached List)
~ NAMES and ADDRESSES of each property owner within 150 ft. of each property line. (3+iMt.s+he he~~+ ,)
~ Notarized AUTHORIZATION of the Owner, bf -the ~we..12 - 4SC-H
!F the ,d,pp!icant is other than the Owner or Attorney for the Owner (see below).
[Y"" APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval ofthe pertinent stage of development.
CONDITIONAL USE / SPECIAL EXCEPTION $ 500
WAIVER $ 500
VARIANCE $ 500
TOTAL DUE
$
!5bt) ~
2
March 2005
By submitting this application you hereby grant temporary tight of entry for city otTlcials to enter upon the subject
property for purposes of evaluating this application.
*.*********************************.****.*****************.***************************
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certilY that 1 am the Owner in fee simple of subject lands described within this Application for
Board of Adjustment consideration:
Signature or Owner
Sworn to and subscribed before me this
_day of 20_
Notary Public
My Commission expires:
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
**************************************************************************************
1f' FO~ USE WHEN APPUCANT IS NOT QWNER OF THE SUBJECT REAL PROPERTY:
I, ,A1/c,' p /
~r~rr
do hereby, with my notarized signature, allow
v ~ T t (it x n eve lop III ~ nt, LL C to represent me in this Application related to my property. The
property is identified as: Tax Parcel Number(s) 31- 20- 31- SBB-0000-004A
WINTER SPRINGS FL 32708
S\'ro~n to and subscribed before me this
I ;. ~ day of ~ L 20~. Notary Public
My Commission expires: I') ^ I
t/' 'F.e: b. ?-.~ ( c:NJ 0
. Personally KnO\.\'n
Produced JD: (Type) -
Did take an Oath 'm.~:.!i~ll""'" LAURA A. ROUNTREE
Did Not take and Oath lJ3 &;'~ Notary Pubfrc - State of Florida
- . -
l ~. . 'EM'! Commission Expiles Feb 26, 2010
..~ ~:- Commission # DO 4A'i'iAA
+********~+.****~**********~***..~*~.*.~*~*~ *~~ ~'*~*..d~1~.***~**Tf~.Jl~...*
"III" tlon eo tly Nanona Notary Assn.
~Q~~
-
***++
-
3
I\i=h 2005
CONDITIONAL USE PERMIT REQUEST
Taken from Winter Springs Code of Ordinances, Section 20-33(d):
All Conditional Use recommendations and final decisions shall be based on the
following criteria to the extent applicable. Attach additional paper as necessary:
,~
What is the Conditional Use you are requesting?
150' flag less flagpole-type wireless telecommunications stealth tower and
associated ground equipment ("the wireless facility").
~ How is the Conditional Use (including its proposed scale and intensity,
traffic- generating characteristics, and offsite impacts) compatible and
harmonious with adjacent land uses?
The wireless facility is proposed to be located on a 140.5 acre parent tract
developed as a golf course. The size of the parent tract itself absorbs most, if not all, of
any adverse visual impact from any offsite residential uses. Additionally the proposed
wireless facility has been located on the parent tract abutting a mature tree canopy so
as to provide additional buffering and screening from offsite uses. The proposed
wireless facility, at full capacity, will only generate approximately 8 vehicle trips per
month.
~ Will the Conditional Use adversely impact land use activities in the
immediate vicinity? If no, why not?
No. The proposed wireless facility will neither adversely impact the recreational
uses on the parent parcel nor will it adversely impact off-site residential uses.
rtJ. Demonstrate how the size and shape of the site, the proposed access and
internal circulation, and the design enhancements are adequate to accommodate
the proposed scale and intensity of the conditional use requested. The site shall
be of sufficient size to accommodate design amenities such as screening buffers,
landscaping, open space, off-street parking, and other similar site plan
improvements needed to mitigate against potential adverse impacts of the
proposed use.
The proposed wireless facility is proposed to be a 70' by 70' foot compound, the
minimum size necessary to accommodate 7 carriers on the facility. The height
proposed, 150', is also the minimum height required to accommodate 7 carriers. The
stealth design of the wireless facility mitigates any adverse visual impacts. The
compound will be fenced and screened according to the land development code. The
proposed wireless facility has been placed on the parent tract so as to maximize the
screening and buffering of existing mature vegetation. The site requires no off street
parking.
ORLA_ 439939.1
rA Will the proposed use have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values? If no,
why not?
No, the proposed wireless facility places no demand on city services, displaces
no one, and will have no impact on property values.
~ _ _~i11 t.he pr~pose~ us~ have.~~.adverse ~~~act o~ n~~~.~~1 environment,
inClUding air, water, and nOise pOllution, vegetation and wlldllTe, open space,
noxious and desirable vegetation, and flood hazards? If no, why not?
The proposed wireless facility does not require sewer or water, creates no odor,
noise, or flood hazard, nor will create any adverse impact on vegetation or wildlife.
lJi Will the proposed use have an adverse impact on historic, scenic and
cultural resources, including views and vistas, and loss or degradation of cultural
and historic resources? If no, why not?
There are no historical or cultural resources nearby.
~ Will the proposed use have an adverse impact on public services, including
water, sewer, surface water management, police, fire, parks and recreation,
streets, pubic transportation, marina and waterways, and bicycle and pedestrian
facilities? If no, why not?
No, the proposed wireless facility creates little or no demand on public services.
The unmanned facility does not need water or sewer, and creates no parking, traffic, or
other transportation issues.
~ Will the proposed use have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and
neighborhood quality? If no, why not?
The proposed wireless facility is to be placed on a parent tract that is already
developed as a golf course. The surrounding lands are also already developed with
residential uses No adverse impact is expected. The proposed wireless facility will,
however, greatly enhance the ability of the wireless industry to serve the ever increasing
demands and needs of the adjacent residential uses.
2
ORLA_ 439939.1
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority, personally appeared Alan Ruiz, President,
Vertex Development LLC, who being by me first duly sworn, under oath, deposes and states as
follows:
1 . I am over eighteen (18) years of age and have personal knowledge of the matters
contained herein.
2. I am the President of Vertex Development LLC and have the authority to sign this
affidavit.
3. The construction of the tower located at 1500 Winter Springs Boulevard, Winter
Springs, will accommodate Co-Location of additional antennas for wireless service
providers or users.
4. Based upon Vertex's search of the area, no existing Telecommunications Tower,
Alternative Tower Structure, building or other structure is located within T-Mobile's
geographic search area.
5. Based upon Vertex's search of the area, government-owned property is not available
within the T-Mobile search area for the Wireless Communication Facility.
6. Vertex, and/or its successors and assigns, hereby agree to allow the shared use and
Co-Location of the Tower, if additional user(s) agree in writing to meet reasonable
terms and conditions for such shared use.
FURTHERAFFIANTSAYE~~ ~
Alan Ruiz, President
Vertex Development LLC
COUNTY OF HILLSBOROUGH
STATE OF FLORIDA
This fOregO~>1?was. acknowledged before me tb!s 0l0y4-. day of ~, I
, 2007, by at) CJ, Z , who IS personally known to me or
produced and w 0 dId take an oath.
WITNESS my hand and official seal, thisc:lO'f<.rtay of 2007.
My Commission Expires:
"'......,,..._ AMY A. COCHRAN
""~... .-....
i~' -..~\ Commission II DO 417630
~.. ~ My Commission Expires
, ~..~~~. JulV 01. 2009
01/00/00 12:00A P.001
Vt1l?r~ ~ 4--r r:~cc..~"ile,
ctJ
May 23,2007
To: Amy Cochran
Vertex Development, LLC
405 South Dale Mabry Highway,
#244
Tampa, FL 33609-2820
Verizon Wireless
777 Yamato Road
Suite 600
Boca Raton, FL 33431
Re: Proposed Tower Collocation, Tuscawilla Site ID# 80321 at Winter Springs, FL.
Dear Amy:
Thank you for informing Verizon Wireless of the proposed tower that Vertex Development is
planning to build at 1500 Winter Springs Blvd., Winter Springs Florida 32708. Verizon Wireless
has determined that it has a need for additional coverage and/or capacity that could be served by
a collocation on the proposed communications tower. I will be contacting you to discuss your
proposed site in more detail and to obtain periodic updates as to your progress to obtain final
zoning approval.
Verizon Wireless will consider entering into a collocation agreement with Vertex Development,
LLC to collocate on the proposed tower to the extent that Vertex Development, LLC obtains all
necessary governmental approvals, and assuming that the parties can come to terms on a
collocation agreement with terms and conditions acceptable to Verizon Wireless.
This letter is not a commitment by Verizon Wireless to enter into a collocation agreement, and
this letter should not be relied upon by Vertex Development, LLC in that regard. A binding
agreement for the lease of any tower space from Vertex Development, LLC shall not exist until a
final, definitive, and fully negotiated collocation agreement has been fully executed and
delivered. Further, it is understood by all parties that Verizon Wireless reserves the right to
simultaneously negotiate \vith other landlords for sites in the immediate geographical area in
which the above described proposed communications tower is to be located, and there is no
assurance whatsoever that Verizon Wireless will conclude a deal for the above described
proposed communications tower unless and until a collocation agreement is fully executed and
delivered.
Cordially,
,,-''''.'''J tl ~.
(I .",. {!r-r--I-~'/ . k.---
'.'-/;;t.-;'1 c/'../ I J) t/ ,ft>' l.' - '
/1"" ~"'1u..--z......,,--
(~Josephil{e Conde, Real Estate and Construction Manager
cc: Jason Hillenbrand, Project Manager
01/00/00 1Z:00A P.001
---
TOWER LEASE WITH OPTION
THIS TOWER. LEASE WITH OPTION (this "Lease") is by and between Vertex Development, LLC, a Delaware
limited liability company ("Landlord") and T-Mobile South LLe, a Delaware Limited Liability Company ("Tenant").
J. Option to Lease.
(a) In consideration of the payment of (the "Option Fee") by Tenant to Landlord,
Landlord hereby grants to Tenant an' option to lease the use of a portion of the real property described in the attached Exhibit A
(the "Property"), together with the right to use the tower located thereon ("Tower") on the terms and conditions set forth herein
(the "Option"). The Option shall be for an initial term of twelve (I2) months, connnencing on the Effective D~te (as defined
below) (the "Option Period"). The Option p..,..;.vt ",..v hi. extended bv Tenant for an additional six (6) months upon written
notice to Landlord and payment of the sum 0, ) ("Additional Option Fee") at any time prior to the
end of the Option Period.
(b) During the Option Period and any extension thereof, and during the term of this Lease. Landlord agrees to
cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the
Premises (as defined below) from all applicable government and/or regulatory entities (including, without limitation, zoning and
land use authorities, and the Federal Communications Commission ("FCC") ("Governmental Approvals''), including appointing
Tenant as agent for all land use and zoning pennit applications, and Landlord agrees to cooperate with and to allow Tenant, at no
cost to Landlord. to obtain a title report, zoning approvals and variances, land-use permits, and Landlord expressly grants to
Tenant a right of access to the Property to perfonn surveys, soils tests, and other engineering procedures or environmental
investigations on the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's
engineering specifications, system design, operations and Governmental Approvals. Notwithstanding the foregoing, Tenant may
not change the zoning classification of the Property without first obtaining Landlord's written consent During the Option
Period and any extension thereo( Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and
permits or authorizations that relate to other property. During the Option Period and any extension thereo~ Tenant may exercise
the Option by so notifying Landlord in writing, at Landlord'~ address in accordance with Section 12 hereof.
(c) If Tenant exercises the Option, then, subject to the following terms and conditions, Landlord hereby leases to
Tenant the use of that portion of the Tower and Property, together with easements for access and utilities, generally described and
depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises are located at 1500
Winter Springs Blvd, Winter Springs, FL 32708. Tenant's location on the Tower shall be at the 155' level of the approved
structure.
2. Term. The initial term of the Lease sh'all be seven (7) years commencing on the date of exercise of the Option (the
"Commencement Date"), and terminating at midnight on the last day of the initial term (the "Initial Term").
3. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication
signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, tower
and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities. Approved Equipment is shown
on the attached Exhibit D.
4. &mt. Tenant shall pay Landlord, as rent _ per month
("Rent"). Rent shall be payable within twenty (20) days following the Commencement Date prorated for the remainder of the
month in which the Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of each
month to Vertex Development, LLC at Landlord's address specified in Section 12 below. If this Lease is terminated at a time
other than on the last day ofa month, Rent shall be prorated as of the date of termination for any reason (other than a default by
Tenant) and all prepaid Rent shall be inunediately refunded to Tenant
5. Renewal. Tenant shall have the right to extend this Lease for four (4) additional, five~year terms (each a "Renewal
Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein, except that Rent shall be increased by
" .' '., of the Rent paid over the preceding term. This Lease shall automatically renew for each
SUCCessIve Kenewal Tenn unless Tenant notifies Landlord, in writing, of Ten ant's intention not to renew this Lease, at least sixty
(60) days prior to the expiration of the Initial Tenn or any Renewal Term. If Tenant shall remain in possession of the Premises at
the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month-to-month
tenancy under the same terms and conditions of this Lease.
6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by
Landlord or lessees or licensees of Landlord, with rights in the Property prior in time to Tenant's (subject to Tenant's rights under
this Lease, including. without limitation, non-interference), Similarly, Landlord shall not use, nor shall Landlord pennit its
lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the
Site Number.
SiU: NiIJtIe'
Mori<et:
EA82C
N. Tusbwilb
Orlando
Versiou 10..2.01
01/00/00 12:00A
P.002
>---->
operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written
notice from the other, be responsible for terminating said interference. In the event any such interference does not cease
promptly, the parties aclmowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall
have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such
interference or to terminate this Lease immediately upon written notice.
7> Improvements: Utilities: Access.
(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property
and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving
antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location
based system, including, without limitation, antenna(s), coaxial cable, base units and other associated equipment (collectively,
the H.^..ntenn2. F~cnitiesU), as such locat~on based system may be required by any county, state or federal agency/department
Tenant shall have the right to alter, replace, expand, enhance and upgrade the Antcnna Facilities at any time during the term of
this Lease. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances.
Landlord acknowledges that it shall not interfere with any aspects of construction, including, without limitation, attempting to
direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as
defined below) ("Construction Interference'} Landlord further acknowledges that it will be responsible for any costs and
damages (including, fines and penalties) that are directly attributable to Landlord's Construction Interference. The Antenna
Facilities shall remain the exclusive property of Tenant. Tenant shall have the right to remove the Antenna Facilities at any time
during and upon the expiration or termination of this Lease.
(b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities,
including, without limitation, the construction of a fence.
(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property
in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted.
Upon termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear
and tear and casualty excepted.
(d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the
Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable
efforts in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for
utilities used on the Property by Tenant. In the event separate meters are not installed, Tenant shall pay the periodic charges for
all utilities attributable to Tenant's use. Landlord shall diligently correct any variation, interruption or failure of utility service.
(e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an Easements in, under and
across the Property for ingress, egress, utilities and access (including access for the ptrrposes described in Section I) to the
Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone
service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any
Renewal Term (collectively, the "Easements"). The Easements provided hereunder shall have the same term as this Lease.
(I) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises ("Access") at all times during the Initial
Term of this Lease and any Renewal Term. In the event Landlord, its employees or agents impede or deny Access to Tenant, its
employees or agents, Tenant shall, without waiving any other rights that it may have at law or in equity, deduct from Rent
amounts due under this Lease an amount equal to five hundred and noli 00 Dollars (S500.00) per day for each day that Access is
impeded or denied.
8. Termination. Except as otheT\vise provided herein, this Lease may be terminated, vtithout any penalty or further
liability as follows:
(a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under
this Lease within that thirty (30) day period;
(b) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior
to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits
or cancels any license (including, without limitation, an FCC license), permit or any Governmental Approval neccssary to the
installation and/or operation ofthe Antenna Facilities or Tenant's business;
(c) upon ninety (90) days' written notice by Tenant if the Property or the Antenna Facilities are, or become
unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to
which the Antenna Facilities belong;
Site Number:
Sile Name:
Markel:
E482C
N. Tuskawilla
Orlando
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(d) immediately upon written notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so as
in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event,
all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the
reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises
and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or
(e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the
Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each
be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with
the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation.
9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any
other rights granted to it at la'.". or in equity, each pany shaiJ have the right, but not the obligation, to terminate this Lease on
written notice pursuant to Section 12 hereof, to take effect immediately, if the other party (i) fails to perform any covenant for a
period of thirty (30) days after receipt of written notice thereof to cure or (ii) commits a material breach of this Lease and fails to
diligently pursue sueh cure to its completion aftcr sixty (60) days' \lfI"itten notice to the defaulting party.
10. Taxes. Landlord shall pay when due all real property taxes for the Property, including the Premises. In the event
that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the
obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease. Notwithstanding the foregoing,
Tenant shall pay any personal property tax, real property tax or any other tax or fee which arc directly attributable to the presence
or installation of Tenant's Antenna Facilities, only for so long as this Lease has not expired of its own terms or is not terminated
by either party. Landlord hereby grants to Tenant the right to challenge, whether in a Court, Administrative Proceeding, or other
venue, on behalf of Landlord and/or Tenant, any personal property or real property tax assessments that may affect Tenant. If
Landlord receives notice of any personal property or real property tax assessment against the Landlord, which may affect Tenant
and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient to
allow Tenant to consent to or challenge such assessment. Further, Landlord shall provide to Tenant any and all documentation
associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this
Section 10, In the event real property taxes arc assessed against Landlord or Tenant for the Premises or the Property, Tenant
shall have the right, but not the obligation, to terminate this Lease without further liability after thirty (30) days' written notice to
Landlord, provided Tenant pays any real property taxes assessed as provided herein.
II. Insurance and Subrogation and rndemnification.
(a) Tenant will provide Commercial General Liability Insurance in an aggregate amount of One Million and nolI 00
Dollars ($1,000,000.00). Tenant may satisfy this re'tjuirement by obtaining the appropriate endorsement to any master policy of
liability insurance Tenant may maintain.
(b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive
all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for
all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim
against the other. To the extent loss or damage is not covered by their first party property insurance policies, Landlord and
Tenant each agree to indemnify and hold harmless the other party from and against any and all claims, damages, cost and
expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts or omissions or
willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors,
licensees, tenants and/or subtenants of the indemnifying party, or (b) a breach of any obligation of the indemnifying party under
this Lease. Notwithstanding the foregoing, this indemnification shall not extend to indirect, special, incidental or consequential
damages, including, without limitation, loss of profits, income or business opportunities to the indemnified party or anyone
claiming through the indemnified party. The indemnifying party's obligations under this section are contingent upon (i) its
receiving prompt written notice of any event giving rise to an obligation to indemnifying the other party and (ii) the indemnified
party's granting it the right to control the defense and settlement of the same, Notwithstanding anything to the contrary in this
Lease, the parties hereby confirm that the provisions of this scction shall survive the expiration or termination of this Lease.
Tenant shall not be responsible to Landlord, or any third-party, for any claims, costs or damages (including, fines and penalties)
attributable to any pre-existing violations ofapplicabJe codes, statutes or other regulations governing the Property.
12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three (3)
days after deposit in the U,S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day
delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to
time designate any other address for this purpose by providing written notice to the other party.
Silt: Number.
Site Name:
Marl<et:
E4S2e
I\. Tuskawilla
Orlando
VcrsioIlIO.2-01
01/00/00 12:00A P.004
j"
If to Tenant to:
T-Mobile
12920 SE 38'h Street
Bellevue, WA 98006
Atto: PCS Lease Administrator
With a copy to: Attn: Legal Dept.
With a CODY to:
T-Mobile South LLC
3407 W. Dr. Martin Luther King Jr. Blvd.
Tampa, FL 33607
Attn: Lease Administration Manager
If to Landlord, to:
Vertex Development, LLC, a Delaware limited liability company
405 S. Dale Mabry Hwy, #244
Tampa, FL 33609-2820
With a COPy to:
u. QUiet tfllOymCnt, lllle and AuthorItv. Landlord covenams and warrants to Tenant that (i) Landiord has tuii right,
power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property and the Tower frce and clear of
any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the
Premises; and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of
any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease,
Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any
applicable grace or cure period.
14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste
(collectively, "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the
Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and
remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused
solely by Tenant, that have occurred or which may oecur on the Property. Each party agrees to defend, indemnify and hold
harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands
and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses,
judgments and reasonable attorney fees that the indemnitee may suffer or incur due to the existence or discovery of any
Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any
Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from thc indemnitor's activities on the
Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property
not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term of this Lease. The
indemnifications in this section specifically include, without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall
survive the termination or expiration of this Lease. .
15. Assignment and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the
Easements (as defined above) to any person or business entity which is authorized pursuant to and FCC licensed to, operate a
wireless communications business, is a parent, subsidiary or affiliate of Tenant, is merged or consolidated with Tenant or
purchases more than fifty percent (50%) of either an Q\.vnership interest in Tenant or the asscts of Tenant in the "Metropolitan
Trading Area" or "Basic Trading Area" (as those terms are defined by the FCC) in which the Property is located. Upon such
assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for
performance under this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord.
Tenant may otherwise assign this Lease upon \witten approval of Landlord, which approval shall not be unreasonably delayed,
withheld, conditioned or denied.
Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna
Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their
successors or assigns (collectively "Mortgagees"), provided such Mortgagees agree to be bound by the terms and provisions of
this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by
Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give
Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the
Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the default notice,
as provided in Section 9 of this Lease. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by
Tenant. Failure by Landlord to give Mortgagees such notice shall not diminish Landlord's rights against Tenant, but shall
preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the
Premises as provided in Section 17 of this Lease.
16. Successors and Assigns. This Lease and the Easements granted herein shall run with the land, and shall be binding
upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.
17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise,
concerning the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of this Lease,
Site Number:
Site Name:
Marke!:
E482C
N. Tuskawilla
Orlando
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.d"';"
whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees
the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in
Tenant's and/or Mortgagee's sole discretion and without Landlord's consent.
18. Miscellaneous.
(a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court
costs, including appeals, ifany.
(b) Each party agrees to furnish to the other, within twenty (20) days after request, sueh truthful estoppel information as
the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of the parties, and supercedes all offers, negotiations
and other agreements, with respect to the subject matter and property covered by this Lease.
(d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in
substantially the form attached hereto as Exhibit C necessary to protect its rights or use of the Premises. The Memorandum of
Lease may be recorded in place of this Lease, by either party. In the event the Property is encumbered by a mortgage or deed of
trust, Landlord agrees, upon request of Ten ant, to obtain and furnish to Tenant a non-disturbance and attornment agreement for
each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest
in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith.
(e) This Leasc shall be construed in accordance with the laws of the state in which the Propcrty is located.
(I) I f any term of th is Lease is found to be void or invalid, such finding shall not affect the remaining terms of this
Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they
shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not
be interpreted against the draftsman, but rather in accordance with the fair meaning thereof. No provision of this Lease will be
deemed waived by either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied-by
delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a
waiver of such provision with respect to any subsequent matter relating to such provision.
(g) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease
in their individual or representative capacity as indicated.
(h) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all
of which together shall constitute a single instrument.
(i) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand
and acknowledge that Exhibit A (the legal description of the Property) and Exhibit B (the Premises location within the Property),
may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the
preparation of final, more complete exhibits, Exhibits A, and/or B, as the case may be, which may have been attached hereto in
preliminary form, may be replaced by Tenant with such final, more complete exhibit(s). The terms of all Exhibits are
incorporated herein for all purposes.
(j) If Landlord is represented by any broker or any other leasing agent, Landlord is responsible for all commission fee
or other payment to such agent, and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone
claiming through such broker. If Tenant is represented by any brokcr or any other leasing agent, Tenant is responsible for all
commission fee or other payment to such agent, and agrees to indemnify and hold Landlord harmless from all claims by sueh
broker or anyone claiming through such broker.
The effective date of this Lease is the date of execution by the last party to sign (the "Effective Date").
Sile Nunkr:
Site Nume:
Market:
E482C
N. Tuskawilla
Orbndo
Version 10-2-01
LANDLORD:
By:
Printed Name:
Its:
Date:
TENANT:
By:
Printed Name:
Its:
Date:
Site Number.
Site Natre:
Market:
-'
01/00/00 12:00A P.008
Man~
--7) q-1/~
,
T-Mobilc South LLC
/ / d6al
/
.~ \\c~",,~ ~
Mike Ackroyd
DirectO\Engineering & Operations
<-\fi \~ 'I
E482C
N, Tuskawilla
Orlando
1WITNESSES:
Version 10-2-01
01/00/00 12:00A P.001
,--.
-........
SrrI; NAME: Yell"" Tu.cawill>
Sn1; NUMI3ER:FL-ORLI69
COMMUNICATION TOWER SUBLEASE AGREEMENT
S COMMUNICATION TOWER SUBLEASE AGREEMENT ("Agreement") dated and is effective as
~ , 2007, is between Cleamire US LLC, a Nevada limited liability company
're" or "Tenant"), and Vertex Development, LLC, a Delaware limited liability company ("Landlord").
For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Premises.
1. 1 Landlord owns a parcel of land ("Land") and a telecommunications tower ("Tower") located in
the City of Winter Springs, County of Seminole, State of Florida, commonly known as Tuscawilla Country Club
located at 1500 Winter Springs Boulevard, Winter Springs Florida (APN: 31-20-31-5BB-00OO-004A), The Tower
and the Land are collectively referred to herein as the "Property." The Land is more particularly described in
Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence
Period"), Landlord hereby leases to Clcamire and Clearwire leases from Landlord approximately Forty-Nine (49)
square feet of Land and all aceess and utility easements necessary or desirable therefore (collectively, "Premises")
as may be described generally in Exhibit B annexed hereto,
1.2 The Premises arc located on the Land leased to the Landlord under that certain prime lease
between Winter Springs Golf, LLC, as Prime Lessor, and Landlord, as Prime Lessee, dated as of January 6, 2006
("Prime Lease"), which is attached hereto and made a part hereof as Exhibit D. Notwithstanding anything to The
contrary contained in this Agreement, if the Prime Lease requires Landlord (as the Prime Lessee thereunder) to
obtain Prime Lessor's prior written consent before subleasing or licensing space within Landlord's leased area,
then such consent shall be a condition precedent to this Agreement and to each of the parties' rights and
responsibilities set forth herein.
2. Effective DatefDue Diligence Period. This Agreement shall be effective on the date of full
execution hereof ("Eftective Date"). Beginning on the Effective Date and continuing until the Term
Commencement Date as defined in Paragraph 4 below ("Due Diligence Period"), Clearwire shall only be
permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys,
inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and
environmental tests (collectively, "Investigations and Tests") that Clearwire may deem necessary or desirable to
determine the physical conditioIl, feasibility and suitability of the Premises. In the event that Clearwire determines,
during the Due Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or iffor any
other reason, or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall
have the right to terminate this Agreement without penalty upon 'written notice to Landlord at any time during the
Due Diligence Period and prior to the Term Commencement Date. Landlord and Clearwire expressly acknowledge
and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited
purpose of performing the Investigations and Tests, and that Cleanvire shall not be considered an owner or
operator of any portion of the Property, and shall have no ownership or control of any portion of the Property
(except as expressly provided in this Paragraph 2), prior to the Term Commencement Date.
3. Use. The Premises may be used by Tenant.for any lawful activity in connection with the
provisions of wireless communications services, including without limitation, the transmission and the reception of
radio communication signals and the construction, maintenance and opercition of related communications facilities.
Landlord agrees, at no expense to Landlord, to cooperate with Tenant, in making application for and obtaining all
licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the
Premises.
4. Term. The term of this Agreement shall commence upon tlle date Tenant begins construction
of the Tenant Facilities (as defined in Paragraph 6 below) or thirty (30) days following the issuance of a Certificate
of Occupancy for the Property, whichever occurs first ("Tenn Commencement Date") and shall terminate on the
tenth (lOth) anniversary of the Term Commencement Date ("Tenn") unless otherwise terminated as provided
01/00/00 12:00A P.002
-
SITE NAME: Vorld< Tus<:awiIIa
SITE NUMBER:FL-ORL169
herein. This Agreement shall automatically be extended for four (4) successive five (5) year periods ("Renewal
Terms") on the same terms and conditions as set forth herein unless Tenant notifies Landlord of its intention not
to renew at least six (6) months prior to commencement of the succeeding Renewal Term.
Tenant shall be required to use Landlord's general contractor to complete their installation at their sole
cost and expense.
5. Rent Within fifteen (IS) business days following the Term Commencement Date,
Tenant shall pay to Landlord as rent 1 per
month ("Renf') to be paid annually in advance. Rent for any fractional month attne beginning or at the end of the
Term or Renewal Term shall be prorated. P...ent shall be paJ~!e to Landlord at 405 Sc-..ith Dale r"fabry Highway~
Suite 244, Tampa, Florida 33609; Attention: Alan Ruiz. All ofTenanCs monetary obligations set forth in this
Agreement are conditioned upon Tenant's receipt ofan accurnte and executed W-9 Form from Landlord. Rent
shall be increased on each anniversary of the Commencement Date by an amount equal to >CreeDt of the
Rent for the previous year.
Within thirly (30) days of the Commencement nl4tp. Tp.n:mt shall cay to Landlord a one-time capital
contnbution fee in the amount of
6. Imorovements.
6.1 Tenant has the right to construct, maintain. install, repair, secure, remove and operate
on the Premises radio communications fucilities, including but not limited to utility lines, transmission lines, an ice
bridge(s), electronic equipment, transmitting and receiving antennas, :mtp.nna!: and equipment, a power generator
and generator pad, and supporting equipment and stroctmes therefore ("Tenant Fadlities"). In connection
therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's
communications operations and to install utility lines and transmission lines connecting antennas to transmitters
and receivers. All of Tenant's construction and installation work sba11 be performed at Tenant's sole cost and
expense and in a good and workmanlike manner. Title to the Tenant Facilities and any equipment placed on the
Premises by Tenant shall be held by Tenant or its lenders or assigns and are not fixtures. Tenant has the right to
remove the Tenant Facilities at its sole ~xpense on or before the expiration or earlier termination of this
Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or
earlier termination of this Agreement, Tenant shall remove its Tenant Facilities,. including but not limited to
antenna structure(s), building (s) (except footings), fixtures and all personal property and otherwise restore the
Premises to its original condition. reasonable wear and tear and casualty excepted.
7. Access and Utilities.
7.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors
and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to
Tenant Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-cxclusive right and
easement for pedestrian and vehicular ingress :md egress across the Property, and such right and easement may be
descnDed generally in Exhibit B.
7.2 Landlord sball rrurintain all access roadways from the nearest public roadway to the
Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
conditions. Landlord shall be respoIlSlble for maintaining and repairing such roadways, at its sole expense, except
fOT any damage caused by Tenant's use of such roadways.
7.3 Tenant shall have its own meter installed and be responsible for its own utility bills.
8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal
Communications Commission ("FCC") requirements including those prolu'biting interference to communications
facilities of Landlord or other lessees or licensees of the Property, provided that the instaI1ation and operation of
any such facilities predate the installation of the Tenant Facilities. Subsequent to the insrnl1:mon of the Tenant
Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any
alterations to the Property or property contiguous thereto owned or controlled by Landlord. if such modifications
01/00/00 12:00A P.003
. .~ i.ii.iI
SITE NAME: Vert.ex. Tu.."t:aw.111a
SITE NUMBER:FL-ORLI69
are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use
best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this
paragraph shall be a material breach of this Agreement.
9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and
Landlord shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the
Premises or this Agreement.
10. Termination.
10.1 This Agreement may be terminated without further liability on thirty (30) days prior
written notice as follows: (i) by eitller party upon a default of any covenant or term hereof by the oilier party,
which default is not cured within six1y (60) days of receipt of written notice of default, except that this Agreement
shall not be terminated if the default cannot reasonably be cured ,,,ithin such sixty (60) day period and the
defaulting party has commenced to cure tlle default within such sixty (60) day period and diligently pursues the
cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt afwritten
notice. This Agreement may be terminated by Tenant without further liability for any reason or for no reason,
provided Tenant delivers written notice of termination to Landlord prior to the Commencement Date.
10.2 After the initial term, this Agreement may also be terminated by Tenant without furilier
liability on sixty (60) days prior written notice if Tenant is unable to reasonably obtain or maintain any certifiC'dte,
license, permit, authority or approval from any governmental authority, thus, restricting Tenant from installIng,
removing, replacing, maintaining or operating the Tenant Facilities or using ilie Premises in the manner intended
by Tenant.
11. Destruction or Condemnation. If ilie Premises or Tenant Facilities are damaged, destroyed,
condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of
the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more
than forty-five (45) days following fue date of such damage, destruction, condemnation or transfer in lieu of
condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to
the actual reduction or abatement of use of the Premises.
12. Insurance: Subrogation: and Indemnity.
12.1 Tenant shall provide Commercial General Liability Insurance in an aggregate amount of
One Million and No/lOO Dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the
appropriate endorsement to any master policy of liability insurance Tenant may maintain.
12.2 Landlord and Tenant hereby mutually release each other (and their successors or
assigns) from liability and waive all right of recovery against the other for any loss or damage covered by fueir
respective first-party property insurance policies for all perils insured thereunder. In the event of such insured loss,
neither party's insurance company shall have a subrogated claim against the oilier.
12.3 Landlord and Tenant shall each indemnify, defend and hold the other harntless from
and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and
consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any
term or condition of this Agreement or from the negligence or willful misconduct of fue indemnifying party or its
agents, employees or contractors in or about the Property. The duties described in tl1is Paragraph 12.3 shall apply
as of ilie Effective Date of this Agreement and survive the termination of this Agreement.
13. AssiJmment. This Agreement may be sold, assigned or transferred by the Tenant witllOut any
approval or consent of the Landlord to Tenant's lender(s) pursuant to a financing agreement, or to the Tenant's
principal, affiliates, subsidiaries of its principal; to any entity which acquires all or substantially all of Tenant's
assets in the market defined by the Federal Communications Commission in which the Property is located by
01/00/00 12:00A P.004
. ..........
SITE NAME: Vertex TuscawiDa
SITE NlJMBER:FL-QRL169
reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be
sold, assigned or transferred without the written consent of the Tenant, which such consent will not be
unreasonably withheld or delayed. Tenant may sublet the Premises within its sole discretion, upon notice to
Landlord. Any sublease that is entered into by Tenant shall be subject to the provisions of this Agreement and
shall be binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto.
14. Title and Quiet Enioyment.
14.1 Landlord represents and warrants that (i) it has full right, power, and authority to
execute this Agreement, (ii) Tenant may peacefully and quietly enjoy the Premises and such access thereto,
provided iliai Tenant is nOl in defauit hereunder after notice and expiration of all cure periods, (iii) it has obtained
all necessary approvals and consents, and has taken all necessary action to enable Landlord to enter into this'
Agreement and allow Tenant to install and operate the Facility on the Premises, including without limitation,
approvals and consents as may be necessary from other tenants, licensees and occupants of Landlord's Property,
and (iv) the Property and access rights are free and clear of all liens, encumbrances and restrictions except those of
record as of the Effective Date.
14.2 Tenant has the right to obtain a title report or commitment for a leasehold title policy
from a title insurance company of its choice.
15. Environmental. As of the Effective Date of this Agreement: (I) Tenant hereby represents and
warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or
affecting the Property in violation of any applicable law or regulation, and (2) Landlord hereby represents and
warrants that (i) it has no knowledge of tlle presence of any Hazardous Material located in, on, under, upon or
affecting the Property in violation of any applicable law or regulation; (ii) no notice has been received by or on
behalf of Landlord from any governmental entity or any person or entity claiming any "iolation of any applicable
environrnentallaw or regulation in, on, under, upon or affecting the Property; and (iii) it will not pemlit itself or
any third party to use, generatc, handle, store or dispose of any Hazardous Material in, on, under, upon, or
affecting the Property in violation of any applicable law or regulation. Without limiting Paragraph 12.3, Landlord
and Tenant shall each indemnify, defend and hold the other harmless from and against all Losses (specifically
including, williout limitation, attorneys', engineers', consultants' and experts' fees, costs and c"..penses) arising
from (i) any breach of any representation or warranty made in this Paragraph 15 by such party; and/or (ii)
environmental conditions or noncompliance with any applicable law or regulation that result, in the case of
Tenant, from operations in or about the Property by Tenant or Tenant's agents, employees or contractors, and in
tl1e case of Landlord, from the ownership or control of, or operations in or about, the Property by Landlord or
Landlord's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other
parties. The provisions of this Paragraph 15 shall apply as of the Effectivc Date of this Agreement and survive
termination of this Agreement "Hazardous Material" means any solid, gaseous or liquid wastes (including
hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are
defined in any applicable environrnentallaw or regulation, and shall include, without limitation, any petroleum or
petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form,
polycWorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property
or the environment or which has been or is in the future determined by any governmental entity to be prohibited,
limited or regulated by any applicable environmental law or regulation.
16.
Subordination of Landlord's Lien. Landlord hereby subordinates any and all lien rights it may have, statutory or
otherwise concerning the Tenant Facilities or any portion thereof which shall be deemed personal property for tl1e
purposes of this Agreement, whetl1er or not the same is deemed real or personal property under applicable laws,
and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time,
whetl1er before or after a default under this Agreement, in Tenant's and/or Mortgagee's sole discretion and without
Landlord's consent.
17. Notices. 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, or sent by for
next-business-day delivery by a nationally recognized overnight carrier to the following addresses:
01/00/00 12:00A P.00S
.-
SITE NA.>.fE,; Vertex ru..:.wilIa
SITE NUMBER:FL.ORL 169
If to Tenant, to: With a copy to: lito Landlord, to:
Clearwire US LLC Clearwire US LLC Vertex Development, LLC
Atm: Site Leasing Attention: Legal Department Attention: Alan Ruiz
4400 Carillon Point 4400 Carillon Point 405 S. Dale Mabry Highway
Kirkland, W A 98033 Kirkland, WA 98033 Suite 244
Telephone: 425-216-7600 Telephone: 425-216-7600 Tampa, Florida 33609
Fax: 425-216-7900 Fax: 425-216-7900 TeleDhone: (813) 335-4768
Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the
other party. AU notices hereunder shaH be deemed received upon actual receipt or refusal to accept delivery.
18. Marking and Lighting. Landlord shall be responsible for compliance with all marking and
lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited
because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance,
Tenant may proceed to cure the conditions of noncompliance at Landlord's expense, which amounts may be
deducted from (and offset against) the Rent and any other charges or amounts due, or coming due, to Landlord.
19. Miscellaneous.
19.1 If Tenant is to pay Rent to a payee other than the Landlord, Landlord shall notify Tenant
in advance in writing of the payee's name and address.
19.2 The substantially prevailing party in any legal claim arising hereunder shall be entitled
to its reasonable attorney's fees and court costs, including appeals, if any.
19.3 If any provision of the Agreement is invalid or unenforceable with respect to any party,
the remainder of this Agreement or the application of such provision to persons other than those as to whom it is
held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
19.4 Terms and conditions of this Agreement which by their sense and context survive the
termination. cancellation or expiration of this Agreement will so sUIVlve.
19.5 This Agreement shall be governed under law of the State in whieh the Premises are
located., and be binding on and inure to the benefit of the successors and permitted assignees of the respective
parties.
19.6 A Memorandum of Agreement in the form attached hereto as Exhibit C may be recorded
by Tenant confirming the (i) effectiveness of this agreement, (ii) expiration date of the Term, (iii) the dumtion of
any Renewal Terms, and/or other reasonable terms consistent with this Agreement.
19.7 All Exhibits referred herein are incorporated herein for all purposes.
19.8 Landlord shall make a diligent and good faith effort to obtain a NondistuIbance
Agreement for the benefit of Tenant from each lender with a security interest recorded upon the title to the Site at
the time of execution of this Agreement.
19.9 This Agreement constitutes the entire Agreement between the parties, and supersedes all
understandings, offers, negotiations and other leases concerning the subject matter contained hereirt There are no
representations or understandings of any kind not set forth hereirt Any amendments, modifications or waivers of
any of the tenns and conditions of this Agreement must be in writing and executed by both parties.
19.10 Landlord agrecs not to disclose, without the written consent of Tenant, any of the tenns
of this Agreement or any other written agreement between the parties relating to the privileges granted herein,
except as required by governmental authority, in which case Landlord shall inform Tenant prior to divulging such
information.
01/00/00 12:00A P.006
SITE NAME: Vert"" 'lllioawilla
SITE NUMBER:FI.-0RLI69
IN WITNESS WHEREOF, the parties have entered into this Agreement effective upon the date of
execution by all parties.
LANDLORD:
Vertex Development, LLC, a Delaware limited liability
company
Bv'
. .
~~~
-~~ ~ C-- :5
Alan Ruiz
~r-
Name:
Title: ~anager
Date: (p II Z./ b 7
I I
TaxI.D.: 31- /494d'l.3
MY I( C-och;ecil1
TENANT:
Name
,10111) A Storch
VICl~ i-Jresident - Net'~iOrk Deployment
Print Name:
Clcarwire US LLC, a Nevada limited liability company
By:
C--.. c-')
Title:
Date:
Of .1< - D 1
1211/121121/121121 12:I2lI2lA
P.12l12l7
...----
SlTE NlL'-'E: Vertex Tusc.,.,i11a
sm, NUMBER:FL-ORLI69
Vertex Development, LLC
STATE OF FLORIDA
)
) ss.
)
COUNTY OF HILLSBOROUGH
I certifY that I know or have satisfactory evidence that Alan Ruiz is the person who appeared before me,
and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the Manager of Vertex Development, LLC, a Delaware limited liability
Notary Public
Print Name Amy . ochran
My commission expires July 1. 2009
,\l"""" AMY
~1''''''':-~ A. COCHRAN
~'~.i Commission 1# DO 417630
- ....~"1iJI!.~~~ My Commission Expires
"""~Ir.-~"" July 01.2009
(Use this space for notary stamp/seal)
STATE OF WASHINGTON
)
) ss.
).
COUNTY OF KING
I certify that I know or have satisfactory evidence that John A. Storch is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the VP Network Deployment of Clearwire US LLC, a Nevada limited
liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instlumcnt
Dated:
Notary Public
Print Name
My commission expires
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'1111 OF Wil,S",;;'
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01/00/00 12:00A P.001
~..
COM\tlUNICATIONS SITE LEASE AGREEMENT
TIns COMMUNICA nONS SITE LEASE AGREE.lVlliNT ("Lease
Agreement") dated as of , is made by and between Royal Street
Communications, LLC, a Delaware limited liability company ("Lessee") and Vertex Development,
LLC, a Delaware limited liability company ("Lessol"").
RECITALS
This Lease Agreement IS entered into based upon the following facts, circumstances and
understandings:
A. Lessor leases certain real property legally described in Exhibit "A" attached hereto
and commonly known as FLS032; 1500 Winter Springs Blvd. Winter Springs, Florida 32708 Assessor's
Parcel Number 3] -203l5BB-QOOO-004A ("Lessor's Real Property"). Lessee desires to lease a portion of
Lessor's Real Property with any necessary easements over other pOltions of Lessor's Real Prope11y
and/or shared use of Lessor's easements over other real property necessary for Lessee's access and
utilities to the leased area (altogether the "Premises"), as described on Exhibit "B" attached hereto.
Lessor represents and 'rvarrants that it has the right to grant the rights set forth herein and that it has fLLll
rights of ingress to and egress from the Premises from a public roadway.
B. Lessee is a communications carrier that desires to construct and operate a wireless
communications site at the Premises as part of its communications network.
C. Based on the Premises set fOlih herein and on the terms and conditions set forth
below, Lessor is willing to lease the Premises to Lessee for Lessee's proposed use subject to the terms
and conditions ofthis Lease Agreement.
WHEREFORE, in consider"ation of the PI"cmises set forth above mId the terms and
conditions set forth herein, the parties, intending to be legally bound, hereto agree as follows;
1. Grant of Lease. Lessor hereby leases to Lessee the Premises for Lessee's proposed
use, subject to the following terms and conditions for the Term.
2. Permitted Uses. The Premises may be used by Lessee for the operation of a wireless
communications site. Under this Lease Agreement, Lessee may install, place, use and operate on the
Premises such antennas, radio transmitting and receiving equipment, conduits, \-vires, batteries, back-up
generators, utility lines and facilities, supporting structures, telephone facilities, and related equipment
(collectively "Lessee's Facilities") as Lessee deems necessary for the operation of its wireless
communications site at the Premises. Further, Lessee may perform construction, maintenance, repairs,
additions to, and replacement of Lessee's Facilities as necessary and appropriate for its ongoing business
and has the right to do all work necessary to prepare, modify and maintain the Premises to accommodate
Lessee's Facilities and as required for Lessee's communications operations at the Premises.
Page I of I 7
Site No.: ORD210
Site Address: 1500 Winter Springs Blvd. Winter Springs. Florida 32708
EXECUTION COpy 7.10.06
EXECUTION COpy
12l1/12l12l/12l12l 12:I2lI2lA
P.12l12l2
3. Conditions Precedent: Prior Approvals. This Lease Agreement is conditioned upon
Lessee obtaining all governmental licenses, permits and approvals enabling Lessee to construct and
operate wireless communications facilities on the Premises without conditions which are not standard or
typical for premises where wireless communications facilities are located. Lessor agrees to cooperate
with Lessee's reasonable requests for Lessor's signatures as real property owner on permit applications,
for allowing site inspections by governmental agencies required in connection with reviewing permit
applications, and for assistance in obtaining such necessary approvals, provided that such cooperation
and assistance shall be at no expense to Lessor.
4. Term. The term of this Lease Agreement ("Term") shall be Seven (7) years.
commencing with the issuance of a local governmental building permit allowing Lessee to construct
Lessee's Facilities on the Premises or twelve (12) months from the date of full execution of this Lease
Agreement, whichever occurs first ("Commencement Date"). Lessee shall promptly deliver written
notice to Lessor of the Commencement Date. Lessee shall have the right to extend the Term of this
Lease Agreement for four (4) additional terms (each a "Renewal Term") of five (5) years each. The
terms and conditions for each Renewal Term shall be the same terms and conditions as in this Lease
Agreement, except that the Rent shall be increased as set forth hereinbelow. This Lease Agreement shall
automatically be extended for each successive five (5) year Renewal Term unless Lessee notifies Lessor
in writing of Lessee's intention not to extend this Lease Agreement at least thirty (30) days prior to the
expiration ofthe first Term or any Renewal Term.
5. Rent. Within fifteen (15) days of the Commencement Date, Lessee shall pay LessorLas
rent, the sum of fl'. . ., ) per month. Rent shall be payable on the
first day of each month, in advance, to Lessor or Lessor's alternate payee specified in Section 22, Notices
and Deliveries. If the Commencement Date of this Lease Agreement is other than the first day of a
calendar month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the
calendar month in which the Term commences, and thereafter Lessee shall pay a full month's Rent on the
first day of each calendar month, except that payment shall be prorated for the final fractional month of
this Lease Agreement, or if this Lease Agreement is terminated before the expiration of any month for
which Rent should have been paid. Rent shall be increased annually, on the anniversary of the
Commencement Date b) of the previous year's Rent.
6. Due Dili2:cnce Contin2:encv and. Pre-Commencement Date Access to Premises.
Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease
Agreement and prior to the Commencement Date, to enter the Premises for the pwpose of making
necessary inspections, taking measurements and conducting engineering surveys (and soil tests where
applicable) and other reasonably necessary tests to determine the suitability of the Premises for Lessee's
Facilities ("Due Diligence"), and for the purpose of preparing the Premises for the installation or
construction of Lessee's Facilities. During any Due Diligence activities or pre-construction work, Lessee
shall have insurance which covers such activities as set forth in Section 16, Insurance. Lessee will notify
Lessor of any proposed tests, measurements or pre--construction work and will coordinate the scheduling
of such activities with Lessor. If in the course of its Due Diligence Lessee determines that the Premises
are unsuitable for Lessee's contemplated use, then Lessee shall have the right to terminate this Lease
Agreement prior to the Commencement Date by delivery of written notice thereof to Lessor as set forth
in Section 13, Termination.
Site No.: ORD210
Site Address: 1500 Winter Springs Blvd. Winter Springs. Florida 32708
EXECUTION COpy 7.) 0.06
Page 2 of]7
01/00/00 12:00A P.003
'--'
7. One:oing Access to Premises. Throughout the Term and any Renewal Term of this
Lease Agreement, Lessee shall have the right of access without escort to the Premises for its employees
and agents twenty-four (24) hours a day, seven (7) days per week, at no additional charge to Lessee. Tn
exercising its right of access to the Premises herein, Lessee agrees to cooperate with any reasonable
security procedures utilized by Lessor at Lessor's Real PropeIty and fUlther agrees not to unduly disturb
or interfere with the business or other activities of Lessor or of other tenants or occupants of Lessor's
Real Property. Lessor shall maintain all existing access roadways or drive\-vays extending from the
nearest public roadv,,:ay to the Prell1is~s in a manner sufficient to al!o\v "for Lessee's access to the
Premises. Lessor shall be responsible for maintaining and repairing such roadways and driveways at
Lessor's sole expense, except for any damage caused by Lessee's use of such roadways or driveways. If
Lessee causes any such damage, Lessee shall promptly repair the same at its sole expense. Except those
constructed by Lessee, Lessor, not Lessee, shall be responsible for the maintenance and compliance with
laws of all towers and structures located on the Premises, including compliance with Part 17 of the
Federal COlTIlllunications Commissions' Rules.
8. Lessee's Work. Maintenance and Repail's. All of Lessee's construction and
installation work at the Premises shall be performed at Lessee's sole cost and expense and in a good and
workmanlike manner. Lessee shall submit copies of the site plan and specifications to the Lessor for prior
approval, which approval will not be unreasonably withheld, conditioned or delayed. Lessor shall give
such approval or provide Lessee with its requests for changes within five (5) business days of Lessor's
receipt of Lessee's plans. If Lessor does not provide such approval or request for changes within su~h
five (5) business day period, Lessor shall be deemed to have approved the plans. Lessor shall not be
entitled to receive any additional consideration in exchange for giving its approval of Lessee's plans.
Lessee shall maintain Lessee's Facilities and the Premises in neat and safe condition in compliance with
all applicable codes and governmental regulations. Lessee shall not be required to make any repairs to
the Premiscs except for damages to the Premises caused by Lessee, its employees, agents, contractors or
subcontractors. Upon the expiration, cancellation or termination of this Lease Agreement, Lessee shall
surrender the Premises in good condition, less ordinary wear and tear; hO\vever, Lessee shall be required
to rcmove any foundation supports for Lessee's Facilities which have been installed by Lessee.
9. Title to Lessee's Facilities. Title to Lessee's Facilities and any equipment placed on
the Premises by Lessee shall be held by Lessee. All of Lessee's Facilities shall remain the property of
Lessee and are not fixtures. Lessee has the right to remove all Lessee's Facilities at its sole expense on
or before the expiration or termination of this Lease Agreement. Lessor acknowledges that Lessce may
entcr Into financing arrangements including promissory notes and nnancial and security agreements for
the financing of Lessee's Facilities (the "Collateral") with a third paIty financing entity and may in the
future enter into additional nllancing arrangements with other financing entities. In connection
therewith, Lessor (i) consents to the installation of the Collateral to the extent that the Collateral is pmt
of the approved Lessee's Facilities; (ii) disclaims any interest in the Collateral, as fixtures or otherwise,
whether arising at law or otherwise, including, but not limited to any statutory landlord's lien; and (iii)
agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress
for any Rent due or to become due and that such Collateral may be removed at any time without recourse
to legal proceedings.
10. Utilities. Lessec shall have the right to install utilities, at Lessee's expense, and to
improve the present utilities 011 or near the Premises (including, but not limited to the installation of
emergency back-up power). Subject to Lessor's approval of the location, which approval shall not be
Page 3 of J 7
Site No.: ORD2JO
Site Address: 1500 'Winter Springs Blvd. Winter Springs, Florida 32708
EXECUTION COpy 7.10.06
01/00/00 12:00A P.004
'----'
unreasonably withheld, conditioned, or delayed, Lessee shall have the right to place utilities on (or to
bring utilities across) Lessor's Real Property in order to service the Premises and Lessee's Facilities.
Upon Lessee's request, Lessor shall execute recordable easement(s) evidencing this right. Lessee shall
fully and promptly pay for all utilities furnished to the Premises for the lise, operation and maintenance
of Lessee's Facilities. Upon Lessee's request, Lessor shall allow Lessee to install sub-metering
equipment on existing Lessor utility service(s). Lessee agrees to install, at Lessee's cost, the required
equipment, meters and connections and will reimburse Lessor for Lessee's lIse of utilities at a rate equal
to Lessor's lInit cost for the utilities. Lessee shall pay the cost of utility service provided to the Premises
and attributable to Lessee's us(~ ("Utility Chilrge"). Lessee shall pay the estimated cost of the Utility
Charge monthly in advance. The parties estimate the Utility Charge at the commencement of construction
to be TBD ($0,00) per month. During the teon of this Lease Agreement, at Lessor's request (which
request shall not be more frequent than once every twelve months), Lessee shall calculate the actual
Utility Charge for the immediately preceding twelve (12) months based on the readings from the
privately installed sub-meter at Lessor's property. If the actual Utility Charge varies from the estimated
Utility Charges paid, the parties shall reconcile past payments of utility charges and adjust future
estimates of the Utility Charge to renect Lessee's actual usage.
11. Il1te""crcncc with Communications. Lessee's Facilities and operations shall not
interfere with the communications configurations, fi'equencies or operating equipment which exist on
Lessor's Real Property on the efTective date of this Lease Agreement ("Pre-existing Communications"),
and Lessee's Facilities and operations shall comply ,vith all non-interference rules of the Federal
Communications Commission ("FCC"). Upon \vritten noticc from Lessor of apparent interference by
Lessee with Pre-existing Communications, Lessee shall have the responsibility to promptly terminate
such interference or demonstrate to Lessor with competent infomlation that the apparent interference in
fact is not caused by Lessee's Facilities or operations. Lessor shall not, nor shall Lessor permit any other
tenant or occupant of any portion of Lessor's Real Property to, engage in any activities or operations
which interfere with the communications operations of Lessee described in Section 2, above. Such
interference with Lessee's communications operations shall be deemed a material breach by Lessor, and
Lessor shall have the responsibility to promptly terminate said interference. In the event any slIch
interference does not cease promptly, the parties acknowledge that continuing interference ,>vill cause
irreparable injury to Lessee, and therefore Lessee shall have the right to bring a couli action to enjoin
such interference or to terminate this Lease Agreement immediately upon notice to Lessor, Lessor agrees
to incorporate equivalent provisions regarding non-interference with Pre-existing Communications into
any subsequent leases, licenses or rental agreements with other persons or entities for any portions of
Lessor's Real Property,
12. Taxes. Lessee shall pay personal property taxes assessed against Lessee's Facilities,
and Lessor shall pay ,>vhen due al I real property taxes and all other taxes, lees and assessments
attributable to the Premises and this Lease Agreement.
13. Termination. This Lease Agreement may be term inated by Lessee elTective
immediatcly withollt further liability by delivery of vvTitten notice thereof' to Lessor prior to the
Commencement Date for any reason resulting from Lessee's DlIe Diligence, or if a title report obtained
by Lessee for Lessor's Real Property shows any defects of title or any liens or encumbrances which may
adversely affect Lessee's use of the Premises for Lessee's intended use, or for any other or no reason.
This Lease may bc terminated without further liability on thirty (30) days prior written notice as follows:
(i) by either party upon a default of any covenant, condition, or term hereof by the other party, v.:hich
default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Lessee if it does
Page 4 of 17
Site No.: ORD21 0
Site Address: 1500 Winter Springs Blvd. Winter Springs, Florida 32708
EXECUTION COPY 7.10.06
01/00/00 12:00A P.005
...-.--
not obtain licenses, permits or other approvals necessary to the construction or operation of Lessee's
Facilities ("Permits"), is unable to obtain such Permits v,,'ithout conditions which are not standard or
typical for premises where wireless communications facilities are located or is unable to maintain such
licenses, pcnnits or approvals despite reasonable efforts to do so; (iii) by Lessee if Lessee is unable to
occupy or utilize the Premises due to ruling or directive of the FCC or other govemmental or regulatory
agency, including, but not limited to, a take back of frequencies; or (iv) after the initial term by Lessee if
Lessee determines that the Premises are not appropriate for its operations for economic, environmental or
technological reasons, including, without limitation, signal strength or interference. Other than as stated
herein, Lessor sha!I not have the right to terminate, revoke or cancel this Lea.se i\.grecinent.
14. Destruction of' Premises. If the Premises or Lessor's Property is destroyed or
damaged so as in Lessee's judgment to hinder its effective use of Lessor's Property for the ongoing
operation of a \"lireless commun ications site, Lessee may elect to terminate th is Lease Agreement without
fUIther liability of Lessee as of the date of the damage or destruction by so notifying Lessor no more than
thirty (30) days following the date of damage or destruction. In such event, all rights and obligations cif
the parties which do not survive the termination of this Lease Agreement shall cease as of the date of the
damage or destruction.
15. Condemnation. If a condemning authority takes al( of Lessor's Rcal Property, or a
portion which in Lessee's reasonable opinion is sufficient to render the Premises unsuitable for Lessee's
ongoing operation of a wireless communications site, then this Lease Agreement shall terminate without
further liability of Lessee as of the date when possession is delivered to the condemning authority. In
any condemnation proceeding each party shall be entitled to make a claim against the condemning
authority for just compensation recoverable under applicable condemnation law. Sale of all or pal1 of the
Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of
eminent domain shall be treated as a taking by a condemning authority.
16. Insurance. Lessee shalf maintain the following insurance: (l) Commercial General
Liability with limits of One Million Dollars ($1,000,000.00) per occurrence, (2) Automobile Liability
with a combined single limit of One Million Dollars ($1,000,000.00) per accident, (3) Workers
Compensation as required by law, and (4) Employer's Liability with limits of One Million Dollars
($] ,000,000.00) per occurrence. Lessor, at Lessor's sole cost and expense, shall procure and maintain on
the Property, bodily injury and property damage insurance with a combined single limit of at least One
Million Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis,
against liability of Lessor, its employees and agents arising out of or in connection \-vith Lessor's use,
occupancy and maintenance of the Property. Each party shall be named as an additional insured on the
other's policy. Each patty shall provide to the other a certificate of insurance evidencing the coverage
required by this paragraph within thirty (30) days of the Commencement Date. Each party waives any
rights of recovery against the other for injury or loss due to hazards covered by their property insurance,
and each party shall require such insurance policies to contain a waiver of recovery against the other.
17. Assi1!nments or Transfers. Lessor may assign or transfer this Lease Agreement to any
person or entity \,/ithout any requirement for prior approval by Lessee, provided that such assignee or
transferee agrees in writing to fulfill the duties and obligations of the Lessor in said Lease Agreement,
including the obligation to respect Lessee's rights to nondisturbance and quiet enjoyment of the Premises
during the remainder of the Term and any Renewal Term hereof. Lessee may assign or transfer this
Lease Agreement without prior approval by Lessor to any of Lessee's parmers, shareholders, members,
subsidiaries, or aftlliates, to any entity in which Lessee or any of its afliliates holds an ownership
Page 5 of]7
Site No.: ORD210
Site Address: (SOO 'Winter Springs Blvd. Winter Springs. Florida 32708
EXECUT]ON COPY 7.10.06
01/00/00 12:00A P.008
~.,
..........
interest, or to a person or entity acquiring by purchase, merger or operation of law a majority of the value
of the assets of Lessee. Lessee shall not assi6'11 or transfer this Lease Agreement to any other person or
entity without the prior written approval of Lessor, which approval shall not be unreasonably withheld,
conditioned, or delayed. Notwithstanding anything to the contrary contained in this Agreement, Lessee may
assign, mOltgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to
any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for
borro\-ved money or in respect of guaranties thereof~ (ii) has obligations evidenced by loans, bonds,
debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit,
bankers acceptances and sirnilar fhciJ jtj~s or in respect of guaranties thereof.
18. Subleases. Lessee shall not have the right to sublease or otherwise allow any other
communications provider to occupy space on any antenna structure or equipment enclosure installed by
Lessee at the Premises.
19. Nondisturbance and Quiet Enioyment: Subordimltion: Estoppel Certificates.
(a) So long as Lessee is not in default under this Lease Agreement, Lessee shall be
entitled to quiet enjoyment of the Premises during the term of this Lease Agreement or any Renewal
Term, and Lessee ~hall not be disturbed in its occupancy and use of the Premises.
(b) This Lease Agreement shall be subordinate to each and every deed of trust,
mortgage or other security instrument which may now or hereafter affect Lessor's Real Propel1y and to
any renewals, extensions, supplements, amendments, modifications or replacements thereof. In
continuation of such subordination, Lessee shall execute and deliver promptly any certificate of
subordination that Lessor may reasonably request, provided that such certificate acknowledges that this
Lease Agreement remains in full force and effect, recognizes Lessee's right to nondisturbance and quiet
enjoyment of the Premises so long as Lessee is not in default under this Lease Agreement: only contains
true and accurate statements and Lessee's iiability shall be capped at the remaining rent under this Lease
Agreement. fr any mortgagee or lender succeeds to Lessor's interest in Lessor's Real Property through a
foreclosure proceeding or by a deed in lieu of foreclosure, Lessee shall attorn to and recognize such
successor as Lessor under this Lease Agreement.
(c) At any time upon not less than ten (10) days' prior written notice by Lessor,
Lessee shall execute, acknowledge and deliver to Lessor or any other party specified by Lessor a
statement in writing certifYing that this Lease Agreement is in full force and effect, if true, and the status
of any continuing defaults under this Lease Agreement.
20. Indemnifications.
(a) Lessee's Indemnitv. Lessee hereby agrees to indemnify and hold Lessor and
Lessor's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors
harmless from and against any and all losses, claims, liabilities, damages, costs and expenses (including
reasonable attorney's fees and costs) and injuries (including personal injuries or death) arising from or in
connection with Lessee's use, operation, maintenance or repair of Lessee's Facilities at the Premises or
access over Lessor's Real Property or Lessee's shared use of Lessor's easements for access to the
Premises, except those resulting from the negligence or \villful misconduct of Lessor or Lessor's officers,
directors, partners, shareholders, employees, agents, contractors or subcontractors.
Site No.: ORD21O
Site Address: 1500 \Vinll:r Springs Blvd. Wimer Springs, Florida 32708
EXECUTION COpy 7. IO.cJ6
Page 6 of 17
01/00/00 12:00A P.007
'"_r
(b) Lessor's Indemnity. Lessor hereby agrees to indemnify and hold Lessee and
Lessee's officers, directors, partners, shareholders, employees, agents, contractors or subcontractors
harmless from and against any and all losses, claims, liabilities, damages, costs and expenses (including
reasonable attorney's fees and costs) and injuries (including personal injuries or death) arising from or in
connection with Lessor's use, operation, maintenance or repair of improvements on Lessor's Real
Property, Lessor's shared use of easements for access to Lessor's Real Property, any violation of
governmental regulations relating to the Premises and any towers llsed by Lessee (including the lighting
or painting for aviation pathways), except those resulting from the negligence or willful misconduct of
Lessee or Lessee's officers, directors, partners, shareholders, en1p!oy~es, agents~ c.ontractors or
subcontractors.
(c) Survival of Indemnity Provisions. The indemnity provisions of this section
shall survive the expiration, cancellation or expiration of this Lease Agreement.
21. Hazardous Matedals. Lessee agrees that it will not lise, generate, store or dispose of
any Hazardous Material on, under, about or within the Lessor's Real PropeJ1y in violation of any law or
regulation. Lessor represents, 'warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any
third party has used, generated, stored or disposed of, or permitted the use, generation, storage or
disposal of, any Hazardous Material (defined below) on, under, about or within Lessor's Real Propeliy in
violation of any law or regulation, and (2) that Lessor will not, and will not permit any third pm1y to use,
generate, store or dispose of any Hazardous Material on, under, about or within Lessor's Real Property in
violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmle~s
the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities,
claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any
representation, warranty or agreement contained in this paragraph. As used in this paragraph,
"Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by
the state in which Lessor's Real Property is located to cause cancer and/or reproductive toxicity, and/or
any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement.
22. Notices and Deliveries. AllY notice or demand required to be given herein shall be
made by certified or registered mail, return receipt requested, confirmed fax, or reliable overnight
delivery service to the address of the respective parties set forth below:
Lessor:
Vertex Development, LLC
405 S. Dale Mabry Hwy., #244
Tampa, FL 33609-2820
Attn; Alan Ruiz
Telephone: 813 335-4768
Facsimile: 813 436-5674
Federal Taxpayer JD Number: 37-1494273
Lessee:
Royal Street Communications, LLC
7557 Rambler Road. Suite 700
Dallas, Texas 7523]
Attn: Property Manager
Telephone: 214-265-6509
Facsimile: 214-265-6510
Copy to: Metro pes
Attn: Leasing/Zoning Manager
51] South US 1-l\vy 30 I
Tampa, FL 33619
813-830-5500
Page 7 of 17
Site No.: ORD21O
Site Address: 1500 Winler Springs 131 yd. Wintt;r Springs. Florida 32708
EXECUTION COpy 7.10.06
01/00/00 12:00A P.008
"-,,.'
Lessor or Lessee may from time to time designate any other address for notices or deliveries by written
notice to the other party.
23. Miscellaneous.
(a) Severability. If any provision of the Lease Agreement is held to be invalid or
unenforceable by a court of cotllpetent jurisdiction \vith respect to any party, the remainder of this Lease
Agreement or the application of such provision to persons other than those as to whom it is held invalid
or unenforceable shall not be affected, each provision of this Lease Agreement shall be valid and
enforceable to the fullest extent permitted by law, and the parties shall negotiate in good faith to amend
this Lease Agreement to retain the economic effect of the invalid or unenforceable provisions.
(b) Bindine:Effect. Each party represents and warrants that said party has full
power and authority, and the person(s) executing this Lease Agreement have full power and authority, to
execute and deliver this Lease Agreement, and that this Lease Agreement constitutes a valid and binding
obligation of each party, enforceable in accordance with its terms, except as enforceabilit)' may be
limited by applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting the
enforcement of creditor's rights generally and by general equitable principles (whether enforcement is
sought in proceedings in equity or at law). This Lease Agreement shall be binding on and inure to the
bene11t of the successors and permitted assignees of the respective parties.
(c) Waivers. No provision of this Lease Agreement shall be deemed to have been
waived by a pa11y unless the waiver is in writing and signed by the party against whom enforcement of
th<: waiver is attempted. No custom or practice which may develop between the parties in the
implementation or administration of the terms of this Lease Agreement shall be construed to ",,'aive or
lessen any right to insist upon strict perforrhance of the terms of this Lease Agreement.
(d) Govcrniu{! Law. This Lease shall be governed by and construed in accordance
with the laws of the State in which the Premises are located.
(c) Attornevs' Fees and Costs. The prevailing pm1y in any legal claim arising
hereunder shall be entitled to its reasonable attomeys' fees and court costs.
(1) Survival. Terms and conditions of this Lease Agreement which by their sense
and context survive the termination, cancellation or expiration of this Lease Agreement will so survive.
(g) Memorandum of Lease. Lessor acknowledges that <1 Memorandum of
Agreement substantially in the form annexed hereto as Exhibit C will be recorded by Lessee in the Official
Records of the County where the Property is located.
(h) Entire Agreement; Amendments. This Lease Agreement constitutes the entire
agreement and understanding between the pa11ies regarding Lessee's lease of the Premises and
supersedes all prior and contemporaneolls offers, negotiations and other agreements conceming the
subject matter contained h<:rein. There are no representations or understandings of any kind not set forth
herein. Any amendments to this Lease Agreement mllst be in writing and executed by duly authorized
representatives of both parties.
Page 8 of 17
Site No.: ORD210
Site Address: 1500 Winter Spring.s Blvd. Winter Springs, Florida 32708
EXECUTION COpy 7.]0.06
01/00/00 1Z:00A P.009
._/
(i) No Presumptions Ree.ardine Preparation of Lease Aereement. The parties
acknowledge and agree that each of the parties has been represented by counselor has had full
opportunity to consult with counsel and that each of the parties has participated in the negotiation and
drafting of this Lease Agreement. Accordingly it is the intention and agreement of the parties that the
language, teons and conditions of this Lease Agreement are not to be construed in any way against or in
favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in
connection with the preparation of this Lease Agreement.
ISIGNATURE PAGE FOLLOWS]
Site No.: ORD210
Site Address: 1500 Winter Springs Blvd. Winter Springs. Florida 32708
EXECUTION COPY 7.10.06
Page 9 of 17
"--..-
01/00/00 12:00A P.010
IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their
duly authorized representatives on the dates set forth below and acknowledge that this Lease
Agreement is effective as of the date first above written.
Name:
Print:
WITNESSES:
.aA~ar~?l_
Print: Y"{L; TI c.!v-
rIf) L _ .'J Ii I
Name: ~ac,~/' ~~
Print: kJraRl 'J1al'~7
Name:
LESSOR:
Vertex Development, LLC,
a Delaware [imi~ted liabHityco:any _ _-
By: ~~_. _ .
(Signature
Print Name:-A1Qf\~1 t :2
Title: Mr1l1Cl j~ Ilj NloM.bee
Date: q - ~.~lp
(Signature)
Print Name:
Title:
Date:
LESSEE:
Royal Street Communications, LLC, a Delaware
limited liability compa:y ~ .
By: ~'~"""j~.A f..c_R.....{.
I (Sign ire)
Print Name: L /'1'1 d w t!Cl.r /,' 1(...,.
Title: ryrllIr~Jc 1Dudr'v......:i trp-~.!J-v
Date: 9 /~/lJ~
Page 10 of 17
Sire No.: ORD210
Site Address: 1500 Winter Springs Blvd. Winter Springs, Florida 32708
EXECUTION COpy 7.10.06
~
Q7
FUlURE PROPANE
TANKS
I
I
I
I
I
\
\
\
\
PROPOSED 150' GALVANIZED
STEEL STEALTH TOWER
STRUClURE (UNIPOLE)
/"
/"
/"
/"
/"
/"
s' EXISTING NATURAL VEGETATIVE
LANDSCAPE BUFFER
(WHERE REQUIRED)
PROPOSED METROPCS
14')(16' LEASE AREA
~EXISTING
DIRT ROAD
~ TOP OF TOWER
EL-150'
\
\
\
\
\
\
\
\
\
'&. \
PROPOSED CLEARWlRE
7'x7' LEASE AREA
n
II PROPOSED FUlURE ANTENNAS
II
II $-
II RAD CENTER =145' ::t AGL
u
n
II PROPOSED FUlURE ANTENNAS
II
II $-
II RAD CENTER =135' ::t AGL
u
n
II PROPOSED FUlURE ANTENNAS
II
II $-
II RAD CENTER =125' ::t AGL
u
n
II PROPOSED FUlURE ANTENNAS
II
II $-
II RAD CENTER -115' ::t AGL
u
n
II PROPOSED FUlURE ANTENNAS
II
II $-
II RAD CENTER =105' ::t AGL
u
n
II PROPOSED FUlURE ANTENNAS
II
II ~
II RAD CENTER =95' ::t AGL
u
n
II PROPOSED FUlURE ANTENNAS
II
II $-
II RAD CENTER =85' ::t AGL
u
PROPOSED ANTENNAS AND
SHALL BE MOUNTED INSIDE TH~~ttR MOUNTS
THE flORIDA BUILDING CODE WIND ~~ ME
REQUIREMENTS AS USTED ON SHEET T -1 .
/"
\'
\ I
\1
\\
PROPOSED SPRINT /NEXTEL
16'x20' LEASE AREA
ROPOSED 50' x SO'
VERTEX LEASE AREA
/'
/"
/"
/"
/"
/"
/"
/"
PROPOSED T-MOBILE
15'x23' LEASE AREA
TOWER NOTES:
1. THE PROPOSED TOWER AND ANTENNAS
WERE DESIGNED BY OTHERS.
2. THE TOWER ELEVATION SHOWN IS FOR
REFERENCE ONLY.
-{~ ~
" ~
SITE PLAN
GRAPHIC SCALE
FINISHED GRADE
EL= 0.0' AGL
43.6' :i:20' (NAVD88)
10' 0'
~
S' 10'
I ,
(Scale in feet)
11x17 Scale: 1"=10'
20'
I
TOWER ELEVATION
NOT TO SCALE
~ foresite
~ ...,. group
Foreslte Group. me.
23 IN. Kentucky Ave.
SUite 2
Lakeland. FL 3380 I
o I 8G3.G03.4044
f I 8G3.G03.4G45
www.foreslteqroupmc.com
FL CA 2G I I 5
FLORIDA UCENSED PROfESSIONAl. EIlCINEER
No. 57905
I HEREBY CER1IfY lIlAT 1IlIS DRAWING
:,.ARED UNDER IIY DlRECllON ON THE ~
TO lIE ~ .~ INFORIIAnON FURNISHED
~ CONf'ORIIS 10 ACCEPTED
FL~ PRACTICES IN THE STAlE Of'
STAlUlES. IN :n:. tcw: 471, FLOIlIOA
0IGIllEER'S lEST Of' 1IlIS
SPECIflCAllONS~ ~ PlANS ANO
-.. IIUllllING coor.s.APPUCN!A.E.
fl~ I
A
\ I 1< II \ 1)1 \ I I II ,\ I '\ 1 I I (
FORESllE .XlII NUIlIBER
102.005
ISSUED FOR:
DESIGNED BY:
DRAWN BY:
APPROVED BY:
DAlE:
ZONING
ADR
RCS
ADR
APRIL 2007
PROSCT NAIlI[
TUSCAWILLA
FL-5032
!lH[[l' lITt[
SITE PLAN & TOWER
ELEVATION
IlRAlMNG NUUBFR
Z-3
12"x18" EMPLOYEE /GATE FRAM~l~" . GATE POST
NOTICE SIGN SCH.40 (TYP.)
12'-0. .. I 8'-0"
/. /
/
[FABRIC: 9 GA CORE WIRE SIZE, 2" MESH NOTE:
WITH VINYL COATING ORIENTATION SHOWN FOR
REFERENCE ONLY, SEE SHEET Z-3
I. 8'-0" .. 112" r-- FOR LOCATION OF GATE,
II ! CORNER, END OR
I i PULL POST 3"
I SCH.40 PIPE (TYP.)
BARBED WI" "... ...
8'-0" -..! "
b
I 0
'" I
io
TOP &: BRACE RAIL
1~" SCH.40 PIPE (TYP,)
STRETCHER BAR
FENCE CORNER
POST BRACE
~" DIAGONAL ROD
WITH GALVANIZED
STEEL TURNBUCKLE
OR THREADED
ROD.
.CL
;.,~
If. ~
'11
tl'! Ill..
J12"C FENCE DETAIL
NOT TO SCALE
6"x6" FRAMED
HAND HOLE
.
/
I
AT TIME OF PLANTING. ALL NEW TREES SHALL
BE A MIN. HEIGHT OF 8' AND HAVE A MIN.
CAUPER 2 1/2" DBH (DIAMETER AT BREAST
HEIGHT)
4" TALL 36" DIAMETER EARTH SAUCER
TO RETAIN MULCH 3" DEEP LAYER
SHREDDED BARK MULCH.
\
\
\
\
\
\
PROPOSED TREES
TO BE REMOVED
(TYP. OF 3)
z
~
TOP SOIL MIXTURE TAMPED
FlRM TO PREVENT SETTLEMENT
PROPOSED SO' x SO'
VERTEX LEASE AREA
ROOT
BALL
5 TIMES (5X)
ROOT BALL
LANDSCAPING NOTES'
1. ALL TREES AND SHRUBS TO BE XERISCAPE SPECIES INDICA TED ON PLANS.
INTENDED TO SURVIVE ON NORMAL RAINFALL.
LANDSCAPING
..///.~EXISTING
CONCRETE PAD
2. CONTRACTOR SHALL WARRANTY ALL PLANTlNGS FOR ONE YEAR BEGINNING AT THE DATE OF
ACCEPTANCE. CONTRACTOR SHALL REPLACE ANY DEAD OR DISCOLORED TREES/SHRUBS
WITHIN THE WARRANTY PERIOD.
EXISTING TREES TO ~
REMAIN (TYP.) ,~
-
TREE PLANTING DETAIL
NOT TO SCALE
2" MULCH (PINE STRAW)
CULTIVATED
S L
PROPOSED TREES /\
(AS NEEDED FOR
SCREENING)(TYP.)
PROPOSED SHRUBS
(AS NEEDED FOR
SCREENING)(TYP.)
~
,\\1//...-
LANDSCAPING PLAN
z
~
GRAPHIC SCALE
20' O' 10' 20'
~I'
(Scale in feet)
llx17 Scale: 1"=20'
SPECIES
UVE OAK
(QlERQJS -..HA)
LANDSCAPE SCHEDULE
QUANTITY SIZE
SPACING MAX.
COMMENTS
1, LAY OUT BED.
2. ROTOTILL BED TO 12" DEPTH.
3. INSTALL PLANTS AND MULCH.
4. WATER THOROUGHLY.
S. IF UNABLE TO ROTOTILL DUE TO TREE ROOTS, HAND DIG HOLE (FOR EACH
PLANT) 12" WIDE AND 6" DEEPER THAN CONTAINER.
N
HEIGHT MIN.
8'
AT PLANTING
6** 2~" DBH
TREES
10' O.C.
TOLERAN~ CAPABLE OF
40'
XERISCAPE TOLERANT.
CAPABLE OF REACHING
40" WITHIN 12 MONTHS
SHRUBS VIBURNUM
(--..M ACERIfO.lUM)
30"
AT PLANTING
16**
S' O.C.
SHRUB PLANTING DETAIL
NOT TO SCAlE
**= AS REQUIRED
~ foresite
~ -... group
Foreslte Group, mc.
23 IN. Kentucky Ave.
SUite 2
Lakeland, FL 3380 I
o I 863.603.4044
f I 863.603.4645
www.foresltegroupmc.com
FL CA 2G I I 5
FLORIDA UCEHSED PROfESSIONAl. ENGINEER
No. 57llO5
I HERESY CER11FY THAT THS MAIlING WAS
PREPARED UNDER MY DlREC1ION ON THE DATE
SHOWN IlASED ON THE N'DRlIAllON FURNISHED
TO ME AS NOTED IHJ CONfORMS 10 ACCEPTED
ENGIIIEERING PRACTICES IN THE STATE OF
FLORIDA PURSUANT TO SEC1IOH 471, FLORIlA
STA lUTES. ... ADIlI11OIl, 10 THE IIEST OF 1lIIS
ENGIIlEER'S KNOlIUDGE. THE PlANS IHJ
SPEClFlCAllONS COMPI. Y IlITH THE APPUCA8l.E
__ IIUII.DlIlG CODES.
REVISIONS
NO. DAlE
DESCRlPlION
A
\ , .(,! \ l)f \ 11 ( '\' '\ I I I (
FORE!lITF JOIl NUMBER
102.005
ISSUED FOR:
DESIGNED BY:
DRAWN BY:
APPROVED BY:
DATE:
ZONING
AOR
RCS
AOR
APRIL 2007
PRO.FCT NAYF
TUSCAWILLA
FL-5032
SHEET TITI F
SITE CONSTRUCTION
DETAILS
llRA-.G MlURFR
Z-4
ATTACHMENT E
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Ronald W. McLemore
City Manager
June 29,2007
Alan Ruiz
Vertex Development, LLC
405 Dale Mabry Highway, Suite 244
Tampa, Florida 33609
Dear Mr. Ruiz:
This letter is to advise you that the City Commission has expressed strong concerns regarding the
negative aesthetic impacts of cell tower monopoles at the 130-150 foot height being discussed at
this time. The Commission has expressed a strong preference for a lower tower alternative that
would fit on an existing telephone pole and a new pole installation that would not extend above
the typical tree canopy line in the City.
This letter is provided for advisory purposes only and should not be construed in any way as a
regulatory decision.
If you have any questions, please contact me at your convenience.
Sincerely,
/(~~ fA) ~Jl~~
Ronald W. McLemore
City Manager
/jp
cc: Community Development Director
Date: July 11, 2007
The attached documents were presented by Ms.
Mary D. Solik, Esquire, during the discussion of
Public Hearing Agenda Item "501" at the July 11, 2007
Board Of Adjustment Regular Meeting.
.
.
~
i
The City of Winter Springs, Florida
CELLULAR REPORT
March 24, 2006
,,..-.,
Prepared by
CONSULTING ENGINEERS
Arthur K. Peters
Gainesville, Florida
\. .
.
.
Cellular Report Executive Summary
This report has laid the foundation for three important conclusions regarding the present state
of and the future of wireless services in the City of Winter Springs.
1. There is an area in the eastern end ofthe city that is now receiving inadequate first
cellular service. A new cell site is required somewhere in the shaded area shown on
the attached map. There is some latitude as to exactly where in the shaded area a cell
is placed, leaving the decision to factors based on usual technical cellular siting
considerations such as property availability and signal levels.
2. There is currently no technology that can substitute for cellular communications and
provide the same functionality. New technologies such as Wi-Fi and WLAN systems
need much further development before they can be seamlessly integrated into a public
service. Even though there are now entities trying to prove such systems, it will be
several years before new technologies are adequately stable.
Micro-cells, a cellular technology, using low antennas and pole-mounted equipment
requires that surrounding cells also be small and closely spaced. The cellular
providers in and around Winter Springs have relatively large cells that are widely
spaced. The use of micro-cells here is at least 3-5 years away and must await
substantial reorganization of the present systems.
3. The current Winter Springs Ordinance providing for wireless services needs revision
soon. As currently implemented in the Ordinance, cellular service improvements are
not possible in the city. This is mainly due to the requirement that all four of the sites
specifically designated in the Ordinance be functional before any other sites can be
approved. Two of the designated sites will likely never be used. See the map.
Locations for cellular sites must be based on technical considerations only.
CONSULTING ENGINEERS
Arthur K. Peters
.
.
Winter Springs Cell Towers
This report is the result of an analysis and inspection of the cellular service currently
experienced in the City of Winter Springs, Florida. Also included are recommendations
designed to provide good wireless communications services while maintaining tight control
of environmental and lifestyle issues.
Existing Conditions
There are four locations in the City's Code that are specified as sites for telecommunications
towers with a fifth recommended for such use to be located at the proposed site of Fire
Station #3 on SR 434. Other tower locations are permitted under Conditional Use provisions,
but only after the four specified sites have been constructed and are occupied. Presently,
there are no facilities at the Bus Barn or West Wastewater Treatment Plant sites specified in
the Code.
It is my understanding that the City Commission deems this study necessary in part because
specific areas of the City are receiving less than satisfactory service from one or more
cellular providers.
An inspection was made of existing towers located within City limits and for an appropriate
distance outside of the City. Figure 1 shows existing approximate tower locations with an
estimate of the number of cellular providers co-located on each. Also shown are the available
locations mandated by the City's tower ordinance.
Several sites exist at locations outside the City limits, some immediately adjacent to its
border and others well beyond its border. Only those sites that provide service within the City
limits have been considered.
CONSULTING ENGINEERS
Arthur K. Peters
.
.
Range Factors
Appendix 1 was created to describe some characteristics of cellular systems and what is
needed to provide adequate service to a community. Most critical is the range of cell sites.
Factors affecting range include those mentioned in Appendix 1 and others such as the
physical environmental. Hills or rolling terrain, trees, types of building materials, building
sizes and weather conditions are a few factors that can affect range. Each of the factors can
also have varying effects on range depending on the frequency of cellular service. For
example, tree leaves, especially pine needles, decrease range differently at one frequency
than at another. Similarly, rain and temperature can change cell ranges depending on the cell
frequency.
Winter Springs has enough trees to have significantly degraded ranges of cell transmissions.
This appears to be significant in the eastern end of the City where reception is reported to be
below standard.
It is essential that adequate overlapping coverage exist between adjacent cells. If money were
no object, cell range could be ignored, as could antenna heights and transmitted power, by
using as many cells as were needed to provide service. Antennas mounted in trees could be
easily disguised and made virtually invisible. Unfortunately, costs for such a service would
be prohibitive.
So, in a practical system, range is maximized as much as possible, especially during early or
immature development. This usually means high antennas and greater transmitted powers.
Cells are added as a system matures and needs greater capacity, each reusing channels or
bandwidth to increase the capacity of the entire system. See Appendix 1. Since interference
occurs destructively in all cellular systems, when cells are added it is necessary to reduce the
size of each existing cell. For example, increasing the number of cells in Winter Springs
requires decreasing the size of existing cells to prevent destructive interference.
CONSULTING ENGINEERS
Arthur K. Peters
.
.
Winter Springs is presently in a relatively immature cellular state with some areas needing
improved basic service.
Cell Placement
A cellular system may be visualized as a honeycomb where the cells are connected and
uniformly sized. Connection is required to provide complete coverage. Uniformly sized cells
produce the maximum system capacity because interference from cells reusing a system's
bandwidth is well defined and uniform in all cells. When one or more cells are enlarged the
interference is no longer uniform in all cells because larger cells produce higher signal levels
than smaller cells. Nearby smaller cells using the same frequencies or bandwidth will receive
larger amounts of interference from the larger cells. The same situation occurs when smaller
cells are added. The surrounding large cells produce large amounts of interference.
Signal power levels decrease with increasing distance. Conversely, the closer to a cell, the
higher is the signalleveI. This is important to the proper placement of cells. If a cell is
moved, more interference will occur from (and toward) cells in the direction of the move.
To minimize interference due to a moved cell or from introduction of a new cell, surrounding
cells must be modified by, for example, decreasing the powers and/or antenna heights of
surrounding cells. But, decreasing powers and/or antenna heights reduces the coverage areas
of the affected cells which, in turn, can and does cause diminished service to areas previously
well served.
These seemingly conflicting effects are real and must be handled carefully to prevent service
disruptions. This also explains why cells that are similar in size and uniformly positioned
afford the greatest system efficiency and capacity.
Correct cell placement requires consideration of a large number of factors. It is not a simple
process. I do not imply that the process is inflexible. With so many factors under the
designer's control there are opportunities to be somewhat flexible in some circumstances. For
CONSULTING ENGINEERS
Arthur K. Peters
.
.
example, antenna patterns can be changed to compensate for terrain obstructions or to
position a cell away from its ideal position. But, these techniques are limited in the amount of
compensation that can be applied.
The upshot of this discussion is that cells must be positioned based on environmental and
system factors. Cell placement cannot simultaneously be arbitrary and correct, or, arbitrary
and efficient.
Deficiencies With The City's Telecommunications Ordinance
The present Code, while permitting towers, places a prohibition on towers until four required
sites are constructed and occupied. These required sites are, in a technical cellular sense,
arbitrarily positioned. Furthermore, two sites are not well placed with respect existing
cellular providers. For example, the two unoccupied sites are so close to existing cells as to
render them useless. Thus, it is unlikely the present cellular providers will ever utilize them.
Under these circumstances it is unlikely that service will be improved in deficient areas. An
area needing service improvements (for some providers) occurs in the eastern part of the
City. Another cell site is required in that area.
Code Recommendations
Because new cells must be fitted into the existing cell site matrix, it is recommended that the
existing Code be amended to eliminate the requirement to construct the remaining
unoccupied sites before other sites can be approved.
If cellular usage increases, as it undoubtedly will, additional cells will be required to meet
increased demand. Those unoccupied sites may someday become desirable when the density
of cells permits their use.
If the Commission does follow the above recommendation, it is likely that it will receive
more applications for towers. Also, it is likely that there will be competing tower applications
CONSULTING ENGINEERS
Arthur K. Peters
.
.
at some time. I would direct the Commission's attention to two Ordinances that could be
easily modified for use in Winter Springs. Both Pasco and Alachua Counties have ordinances
using a tiered process of granting tower applications. Both counties were intent on having
tight control over quality of life issues such as visual and aesthetic impact. It occurs to me
that Winter Springs would be similarly interested.
Cellular Alternatives
Appendix 2 was prepared in response to questions posed during my inspection. At the
present time and in the near future there are no technological innovations that would provide
similar utility to cellular.
There are major changes coming in telecommunications, both technological and sociological.
However, the many competing technologies are neither refined nor stable enough for public
consumption in the near term. When they arrive they will be revolutionary. But, like every
other revolution, will take a relatively long time to be fully assimilated. It will take even
longer for them to become as widespread as cellular and perhaps, in some locations, they
may never appear.
~
Arthur K. Peters, PE
March 24, 2006
CONSULTING ENGINEERS
Arthur K. Peters
.
.
Appendix 1 - Cellular System Layout Considerations
A cellular system is limited by the Federal Communications Commission to operate within
an assigned frequency band. In order to maximize its ability to serve large numbers of
customers, a system must reuse that assigned frequency band. Any given cell is capable of
simultaneously serving a relatively small number of conversations, sometimes as few as 30
for an omnidirectional cell.
Such limited systems employ a number of modifications to cells to increase the number of
customers served. For example, a cell is typically broken into three sectors, each with its own
frequency band, effectively increasing the total bandwidth of a cell.
Cells are placed in a regular pattern to obtain the most theoretically efficient capacity
(number of simultaneous conversions). The cell pattern used by each cellular provider is
rarely the same as other providers, although recently providers are tending to co-locate their
facilities to save costs and avoid problems associated with the acquisition of sites for new
cells.
In current cellular practice cells are not always optimally located. As a result theoretical
efficiencies are not realized. Further, nearby cells reusing the same bandwidth are subject to
interference. A carefully balanced system adjusts transmitting power, antenna radiating
characteristics, antenna heights, coding schemes and other factors to obtain the greatest
practical capacity.
The principal goal is to obtain a regular cell pattern using similar transmitting power, antenna
types and heights and generally providing equal technical factors in every cell. Achieving
this goal is rarely accomplished. A system, whether optimal or not, will obtain some
maximum capacity less than the theoretical maximum.
To further increase capacity a system must further reuse its assigned band. Each reuse
requires a new cell at a new location. As the number of cells increases each cell must be
CONSULTING ENGINEERS
Arthur K. Peters
.
.
reduced in size. Normally, this requires antenna height and transmitted power reductions and
sometimes antenna replacements.
Consistent with cell regularization, once a system downsizes some cells, it becomes
unbalanced, with some small and some large cells, producing efficiency reductions due to
interference. Reduced efficiencies will persist until all cells are made equal. Most existing
systems are in this state and will probably never reach the optimum efficiency because
expansion rates are so great.
Finally, a system's frequency band plays large role. Higher frequency bands are typically less
efficient due to lower building (and other object) penetration and reduced signal propagation
distances. This means that systems operating at higher frequency bands must use a greater
number of cells than lower frequency systems.
CONSULTING ENGINEERS
Arthur K. Peters
.
.
Appendix 2 - Alternatives To Cellular Systems
The consumer and technical presses abound with descriptions of neat and wonderful devices
with unlimited features that, when they reach a stable and mature state, will provide
everything you ever wanted. However, as will be shown, there is nothing currently available
that will, in the near future, match the universality of ubiquitous cellular service. New
cellular features are being implemented almost faster than one's imagination. These features
are being applied to a mature technology and usually work as advertised.
There is considerable research and testing to combine cellular with new technologies. One,
which has recently received considerable attention, is a technology called Wi-Fi, that was
created from Internet roots. Several manufacturers are now incorporating this technology in
standard cell phones that are to be released in June and July of this year.
Wi-Fi is a maturing technology governed by worldwide standards that presently operates in
the 2.4 and 5 GHz bands. It provides computer access at high rates of speed and is capable of
transmitting pictures, music and other data and entertainment forms. Unfortunately, because
of its high frequencies and low power it is limited to very short service distances, on the
order of 300 feet. (A new, not-yet adopted standard has claimed service ranges of up to 1500
feet.) An advantage of Wi-Fi's short range is that it can be effectively used inside buildings, a
situation that frequently impairs cellular service.
Wi-Fi equipment is relatively cheap and easily installed. People gathering places are prime
candidates for this service. With V oice-over-Internet Protocol (V oIP) there are visions of
providing both services in the standard cell phone that would automatically and seamlessly
transfer from one to the other service as needed. This might provide for uninterrupted calls
when transitioning between cellular service and VoIP. However, there are many technical
issues to overcome including the fact that V oIP and cellular service might have different
providers.
CONSULTING ENGINEERS
Arthur K. Peters
.
.
A number of cities are interested in installing and using wide-area Wi-Fi systems for their
public safety, administrative and as a revenue producing public service, with or without
cellular connection. This has raised many political issues that are unlikely to be resolved
anytime soon. Further, while customer phones may be equipped to operate both cellular and
Wi-Fi in the next months, fluid and reliable integrated service is probably at least two years
away.
A review of the literature shows no other emerging technology that would eclipse the cellular
- Wi-Fi combination.
For example, people frequently inquire about satellite communications. The military does it.
Civilian users do it with large handsets (with large whip antennas) at great expense. There is
not enough worldwide combined satellite capacity to provide more than a miniscule
percentage of existing, not considering future, consumer cellular needs.
This leads to the inescapable conclusion that until a new technology comes along that
provides equivalent services of the current cellular system, consumer needs will essentially
remain a function of cellular providers and a terrestrial interconnection mechanism,
potentially with added performance enhancements such as Wi-Fi.
CONSULTING ENGINEERS
Arthur K. Peters
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Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
AGENT OF RECORD LETTER
BEFORE ME, the undersigned authority, personally appeared ;41rc~~1 ~rr?r '
(;f'l'pr" r I'hn,,--- (title), of Winter Springs Golf, LLC, and hereby designate and
appoint the Fole '& Lardner LLP Attorneys At Law and/or Mary Doty Sohk, whose address 1S
III North Orange Avenue, Suite 1800, Orlando, Florida 32801-2386, Telephone is 407-423-
7656, Facsimile is 407-648-1743, Email Address is msolik@foley.com and/or Vertex
Development, LLC, 405 Dale Mabry Highway, Suite 244, Tampa, Florida 33609-28205,
including any of its representatives, as my Agent of Record for the purpose of any and all
permitting, zoning, and/or land use applications, hearings, or processes in association with the
development of a communication facility on my property.
My Agent of Record is hereby vested with authority to make any representations, agreements, or
promises which are necessary or desirable in conjunction with any of the aforementioned
processes. My Agent of Record is also authorized to accept or reject any conditions imposed by
any reviewing board or entity. My Agent of Record has the authority to execute documents
relating to any of the above described processes on my behalf. .
p<-LI ~
Signature ?/
(l1/rho",! ~rrAer-
Printed Name
(flrr
Title
Courtesy Cleaners LLC
Date
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STATE OF FLORIDA
COUNTY OF seWLH1O~
Th~ foregoipg instrument was acknowledged.before me this l:9aay of {tpRiL ,2007, by
M I (Ud~1 Gavvtue V , as -4.ev1fJ.ttJ m tLVla.~ <- of Winter Springs
Golf, LLC, who is personally known to me or who has produced - as
identification.
--- .- - -
- -
~LoJ?~
No\ary: Public ~
L-aurt[ 74 . ru J1-1re.e
Printed Name of Notary
"'~~~~'~::;" LAURA A. ROUNTREE
m:,~o "';~ Notary Public. Stale of Florida
. :. * . ~ Commission Expires Feb 26.2010
" ~ ? Commission # DO 485556
III '#/ OFf\; "
, .".....,. Bonded By National Notary ASS/I.
~--_....~--
AGENT OF RECORD LETTER
I, Alan Ruiz, President, Vertex Development, LLC, 405 Dale Mabry Highway, Suite 244,
Tampa, Florida 33609-28205, hereby designate and appoint Foley & Lardner LLP Attorneys At
Law and/or Mary Doty Solik, whose address is 111 North Orange Avenue, Suite 1800, Orlando,
Florida 32801-2386, Telephone is 407-423-7656, Facsimile is 407-648-1743, Email Address is
msolik@foley.com, as my and/or Vertex's Agent of Record for the purpose of any and all
permitting, zoning, and/or land use applications, hearings, or processes.
My Agent of Record is hereby vested with authority to make any representations, agreements, or
promises which are necessary or desirable in conjunction with any of the aforementioned
processes. My Agent of Record is also authorized to accept or reject any conditions imposed by
any reviewing board or entity. My Agent of Record has the authority to execute documents
relating to any of the above described processes on my and/or Vertex's behalf.
.~~
Alan Rui7, President - .
VerEX r;;;~o~ment, LLC
Date 1,
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this jC:/'chy of At~I/ ,2007, by
Alan Ruiz, President, Vertex Development, LLC, who is personally known to me or who has
produced as identification.
(SEAL)
"~;~~'~';~"" AMY A. COCHRAN
f~~~% Commission II DO 417630
~.~ ,;'1 My Commission Expires
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This instnIment prepared by and
should be returned to:
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Stuart Smith, Esq.
D & KNIGHT LLP
. ox 1526
do, FL 32802-1526 tv'\
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~ SPECIAL WARRAIITY DEED E ~
The Grant~~USCAWILLA INVESTORS, INC., a Delaware corporation:- <>>
whosemailingaisFourEmbarcaderoCenter.SanFrancisco.CA 94111, N
in consideration ~ Dollars ($10.00) and other valuable consideration
received from the ( r tees, hereby grants and conveys to the Grantees,
WINTER SPRINGS ~"(t.L.C., a Florida limited liability company. whose
mailing address is 99 ~~~ Hill Road, Suite 305, Parsippany, NJ 07054. and
whose Taxpayer 10ft is .144 , the lands in Seminole County, Florida,
described on attached )"A".
This conveyance is su~ easements and restrictions of record and to
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of and good right to convey '~ ~ vested in the Grantor. and the
Grantor hereby warrants the title t~ds and will defend the same against
the lawful claims of anyone c1aimin~gh or under the Grantor.
Dated this Jd: day of ma.!F1: ' 2000.
. ( ('N)
Signed in the presence of: ~ V
~JVILLA INVE~TORS. INC.,
~ware corporation
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EXHIBIT n A"
SEMINOLE CO..FL
NA FARMS, as recorded in Pla1 Book 6, pa&e 23, Public Records, Seminole County. Ronda, lymg
in 18, Township 21 South, Range 31 East, City of Wuuer Springs, Seminole County, and being
news:
o
Northeast cornu of the plat of WEDGEWOOO UNIT ONE, Plat Book 20, Pages 56 and 57.
. Ie Cowny, 1heace SoIlt~. \)7014"23" E1sI alOll& the East boundary of said plat for 319.40
. 6037'51. EastaloD& the East boundary ofWdplat for474.25 feet; thcDa: Scum 10053'10" East
e:fsaid pw, aDd along the East boundary ofWEDGEWOOO UNIT TWO, Plal Boole 21.
Pages II and 1 . Recotds. Seminole Coonry, Rorida, 634.0Heel; thence South 18054'08" East along the
East boundMy ~ of WEDGEWOOD UNIT lWO and along !be East boundary of !he pial of
WEDGEWOOD REE, Plat Book 21, Pages 13 and 14, Public Records, Seminole County, for 489.86 feet;
thence South II " ;;d0Dg !he East boundary of said plat of WEDGEWOOD UNIT THREE for 150.34
feet; theuce South 150 8' !.,astalOQg the East boundary ofuid plat foc 306.15 fett; thence South 4405Z'21" East
along the East boun ~ lat for 274.06 feet; tha1cc Sou!h690S5'33" West along the South boundary of said
plat, also being the Howell Cm:k for 138.85 fec:t; tbcnce Sou1h 87019'11" West along said South
boundaJy for 70.00 feel; South 21034'51" West. along said South boUDlbly foe 145.76 feel to !he
No~terly Right-of-Wa ~em Wa.y as shown on the plat ofWlNTER SPRINGS UNIT 3, Plat Book
17, pages 89 and 90, Public R , . Ie County; thence Southeasterly along said Nocthastttly Right-of. Way
line, along the arc of a curve e NorthI:astcrly, having a ndillS of 1610.00 feet, through a central ;mgle of
52058'46". having achocd bcarin~63045'45" East, for 14&8.71 feet to the point of tangency; thence NOM
89"44'51" ~t along said No . -of-Way line foc 29.37 feet to the West boundary of the plat of
WOODSTREAM, Plat Book 24, P 97 and 98, Public Records, Seminole: County; thence Northerly along said
West boundary for the following counes: 00&15'09" West for214.51 feet: North 6003S'S8" West for 685. I I
feet; North 78"35'12" West foc 145.64 nh 09G24'26" West for 541.51 fttt to the Southwest comer of !he
plat of COUNTRY CLUB VILLAGE U , Plat Book. 25, Pages 33 through 37, Public Reconls. Seminole
County; thence North 58"23'53" West West bouodary of said plat for 442.28 feet; thence Nom
01 0 14'5r West along \be West boundaIy . and along the West boundary of the plat of COUNTRY
CLUB VILLAGE UNIT lWO, Plat Book. 79 and 80, Public Records, Seminole County, Florida,
for 796.14 feet; Ihettce North 10"47'28" West ~w.?f boundary of said plat, and the West bOl.mdary of the
plat of COUNTRY CLUB VILLAGE UNIT 0 ~k 22, pages 4. 5 and 6, Public Records, Seminole
County for 566.65 feel; thence continue along the of said pIal for the following courses: North
29aSS'16" West for 340.05 feet; North 61053'50' 07 feet; Noeth 64"55'36" East for 451.79 feet;
North 04041'25' wt for 82,96 feet to the poin! of 0 a curve coocave Southwcstc:rly: Noethweslerly
along the arc of said curve, having a radius of38.88 fi a ccntn1 angle of S8.SO'48', foc 39.93 feet 10
!he point of tangency; North 54"09'23" West for 260. to the point of curvaru.rc of a curve concave
Southwesterly; Northwesterly ;;dong the ace of said curve. ius of 102.22 feet, through a central angle
of 38"57'']]" ,for 69.51 feet to the point of tangency; South e3l for 40.95 feet to the point curvalUIe
of a curve concave Northeasterly; NoethWC$terly alOIl8 the .n: eve, having a radius of 223.97 feet, through
a central angle of 3Z03Q'll" , for 127.05 fttt to the: point of tan ; North 6OG36'4S" West foc 23.02 feet to the
point of curvatUre of a curve concave Southerly; Westerly along the 'd curve: baving a radius of 25.00 feet,
lhrough a cemm angle of 83015'10'. for 36.33 feet to a point of with the South Right~f.Way line of
Winter Sprinss Boulevard and a point of tc:rmin.a1ion along said Weste of COUNTRY CLUB VILLAGE
UNIT ONE; thc:nc.e Southwesterly along said South Right-<lf-Way me ong the arc of a curve concave:
Nonhwesterly. ba,ving a radius of 1205.92 feet, a chord baring of Sou "West, through a central angle
of 46"37'34", for 981.35 fttt 10 the: Point of Beginning. ~QJJ)
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38~4
0885
EAST GOLF COURSE
SEMINOLE CO~fL
Ponk>n of PHILUP R. YONGE GRANT, Plat Booi:: I. page 38, Public Ra:onIs of Seminole County, Florida and
part of GARDENA FARMS, Plat Book 6, page 23, Public Records, SetDiooIe County, Rorida: lying in Sections
7,8,17 18, Township 21 South, Range 31 Em, City ofWinle1" Springs, Seminole County, Ronda, being more
panicu1ar ribed as foll0*5:
Northwest corner of the pIal of TUSCA WILLA UNIT 7, as rerorded in Pllll Book U, pages 46
Reconis, SemiooIe COIIIlty; theDce Nonh 87'51'00" East along the North line of said pial for 285.67
~ of me pl2l of GREENBRIAR LANE, Plat Boot. 32, page 32, Public Records, Seminole
County; lI~Y aloog the West bouDdary along the an: of a curve coocave Northwesterly and having
a radiu$~' lhrooClu cemraI angle of 90'00'00" , fur39.27 feet to the point of tangency: thence North
Or09'OO" said West boundary for 75,94 feet to the point of CUJV3I11Ie of a c::ircular curve OOIJC<llle
Southw . Northwcstedy along said West boundary, along the an: of said curve, having a radius of
472.11 feet throughE3Dgle of 06')4'S4" , for 54.18 feet lathe East line oh 110 feet wide Ronda Power
and Light Co' t as reconled in Official Records Boot. 174, pages 234 - 244, Public Records,
Scmioole COW1Iy, nh 31045'52" West along said East line for 2412.<l9 feet to the centerline of HoweU
Crect.; thenCe N aloog said centerline fur the following~: North 5S.48'42" East for 39.28 feet;
North 13057'00" East for 1~44 feet; South 65'42'28" East far 53.92 feet; North 16'08'27" East for 61.62 feel;
North 29004'00" Wcst~ feet; North 84'28'41" East for 93.38 feet; North 40.40'42" East for 61.28 feet;
North 10010'05" East f; :.j., feet: Narth 81 "28'42" East for61.U feel; North 02038'26" West for 56,84 feet;
North 31048'19" East for ~; North 28009'35" West for 65.08 feet; SOl1lh 76052'16" East for 74.79 feet;
North 40001'25" East for 3 49 ; North 40043'04" West for 40.96 feet; North 0700S'54" East for 47.03 feel;
South SOOlO'OS" East for. . orth 03010'47" East for 47.03 feet; North 36044'06" East for 64.26 feet
to a point of tennination along centerline of Howell Crcdr:; thence South 26054 '18" East for 364 .56 feel: Ibence
Soulb 56017'36" East for 186.6 ~; South 22"05'05" East for 167.53 feet; tbcnce South IS.31'15" East
for 333.70 feet; theoce South 130 for 426.26 feet; thence South 23'33'39" Easl for 353.84 feet; thence
South 69024'09" East for 315.33 f;, South 31'23'45" East for 652.31 feet; thence North 68802'37" East
for 452.35 fed 10 the Northwest co of the pial of FAIRWAY OAKS UNIT ONE, PIal Book 23, pages 96, 97
and 98, Public Records, Seminole CDUD , Nonb 68002'37" Easl along the North boundary of said plal for
247.12 feet; thence North 75009'51" al the North bounduy of said pial for 643.68 feet; thence Sculb
29033'07" East along the East boundary 0 I for 299.19 feet; thence South 53031'SO" East along the East
boundary of said pial for 231.34 feet; 1'43'32" East along the East boundary of said plat fur 317.70
feet to tlu: North boUDdary of said plat of TU UNIT 7; thence Northeasterly along the North boundary
of said pial along the arc of a curve concave and having a radius of 1258.15 feet, a chord beJuing of
North 66042'43" East through a central angle of e"gar 446.81 feet la the point of n:verse curvalUre of a
curve concave Northwesterly and lying along tIl boundary of the plat of TUSCAWILLA UNIT 13. as
m:orded in Plat Book: 29, p;tges I and 2 of the Pub~Seminole Coonty; thence Nonheasterly along the
arc of said curve. having a radius of } 160.00 feet, a angle of 11 "43'08", for 237.26 feet to the point
of tangency; thcnc::e North 65810'00" East along die of said plat for 350.00 feet to the point of
CUtV3lUl1:: of a curve conCave Southea$terly and lying onh boundaty; thmce Northeasterly along the
arc of said curve, baving a radius of 921.22 feet, throu angle of 19"50'20". for 318.98 feet; thence
North OS.54'54" East fur 6 12.03 feet; thence North 44059' 0 80.91 feet; thence North 66025'16" West
for 470.11 feet; thence Nonh 78811'13" West for 1038.42 North 57'16'57" West for 259.96 feet;
thence North )4038'06" East for 299.31 feet; tbence Nonb I" West for 434.41 feet \0 the most Southerly
oomer afthe Sewage Treauoent Plant Site as described inOfficiii Rk 1027. page 619, Public Records.
Seminole County; thellcc North 12"56'23" West along the Westerly, of said Tract fur 100.00 feet; thence
North 34011'57" West for 300.00 feet; thence continue North 3 '" West for 250.87 feet; thence North
sr 19'24" West fur 809, II feet to the centerline of a ditch; thence tcr1y and Northeasterly along the
centerline of said ditch, along the following courses: North 16048'35" 39.04 feet to the point of curvalUTC
of a CUf"e concave WcsrcrIy, Northeasterly and Nonbwesterly along th&'Pfj 'd curve, having a radius of 57 .51
fect, through a central an~ of 82"00'20'. for 82.31 feet to the po~/. ; North 65.11'45" West for
389.00 fcd to the poinl of c::urvalUre of a curve concave Nonheasterly, westerly along the arc of said
curve, having a radius of 55.84 feet, through a central angle of 64 009'40" or 6 . t to the point of tangency;
I
L
OffiCIAL RECORDS
BOOK Dft,r,r
3844
0886
North 01 ~02'05" West for 114.88 feet; Nor1b 22"25'15" EwM~f'e6,M to dx cenrerliDe of Howell Cn:o:ek;
tbena: Nonherly along said ccmertillc of Howdl Cm:k, dx-lOliOWlDg councs; North 51059'49" East for n.so
feet: Soudl76016'SSo Ea$( for 72.69 feet; Nonb )6007'S5" East fo!:67.49 feet; NonIII7~31'2g" West for 70.78
feet; North 29"07'42" East for 14.49 feet 10 lbe South Riglu~f-Way IiDc of Wmter Springs Boulevard: thence
North y along sUI South Rigbt-of- Wry lioe, alOn& die Me of a curve 00IlCaVe Southerly and laving a radius
of2 feet, a chord bearing of North 81046'S7" WCSt,1hroqh I CCIIIr.Il angle of 16"23'18", for 655.71 fecI
to oftangmcy; dxoce North 89"58'36" West along said South Rigtu~f-Way line for 1285.51 feet; thence:
'17" West forJ35.25 feet; thence South42"JI'59" West for2J4.Ufeet; lhencc South ':>2"10')4" Wesl
tet; thence Soulh 66"37'28" West for 69S.01 feet; thax:e North 54"05')7" West for 287.98 feet to the
Right~f-Way line of W'1DlA:r SpriDgs Boulevard: ~ South 27"28'26" West a100g said
. -of-Way lisle for 20.96 feet lO lhc point of curvatUre oca c:urve COIICave Nonhwcslerly, me! lying
eutcdy Righl~f-Way liDe, tb!:nce Southwcstaiy along dx an; of said curve, baviDg a radius of
gh a central angle of 03"59'U", for 83.99 feet to die poiDL of reverse CUlVatUIe of a curve
CODCave ./ and lying aloD8 the Northeasterly bouodary of the plitt of COUNTRY CLUB VILLAGE UNIT
ONE,~m:.orded . Book 21, pigC$ 4, S and 6, Public Records, Seminole County; theoce Southc:aslerly along
the N Euterly bouodary of said pia for the following cout'KS: Soulher1y along the an: of the lasl
described ~a radius of 25.00 feet, Ihrough a cmtral angle of 92"04 '360, for 40.18 feet 10 ~e paint
of taDgcDcy: 6'45" Em for 15,31 fcellO the point of CU1'Vanare uf a curve concave Northerly; Easterly
along the arc of sa! curv having a radius of 173.97 feet, through a CC1ItraI angle 002"30' 11", for 98.69 feel
to the point of tang 86~53'04" East for 40.95 feet to the point of curvalW'C of I curve COllC<l\le
Southerly; EasIerly aI of said curve, having ~ ~iU5 of 152.22 feet, through a central angle of38"S7'33'
for 103.j() feet to the ency; South 54"09'23" East for 295.46 feet to the point of curvabUe of a CUJ'\le
CODCaVe Southwesterly; y along the arc of said curve, having a radius of 61.62 feet; through a central
angle ofS80j()'48., fo.-69. poinIofIallgeocy; South 04"41'25" West for 58.94 feet; South 5400S'37"
East for 90.06 feet; thence 31"45'52" East along the East bolllldaIy of said pial of COUNTRY CLUB
VILLAGE UNIT ONE and ala lhe~t boundary of the plat of COUNTRY CLUB VILLAGE UNIT TIiREE
for 1102.28 feet: thenee South 580~~est fOl" 155.39 feet: thence: South 17004')8. East forS33.09 feet; lbcnce
South 17004'38" East for 365.18 ,Jhiuce South 31044' 13" East for46S.84 feet to the NorIhc:ast corner oflhat
cc:nain parcel described in Official Book 1428, pages 206 aDd 201, Public Records, Seminole County;
thence along the East and South . 'd parcel, the following courses: South][ ~44'13" East for 300.00
feet; South 75"52'42. East for 331.3 01"11 '44" East for 418.79 feet; North 70-29'34" West for
215.02 feet; South 79044'00" West for ; South 36044'30" West for 103.84 feet to lhe EAst bouncbry
of the plat of WOODSTREAM, as reco 24, pages '17 and 98, Public Records, Seminole COWlty:
lhc:nce South 000J5'09- East along said for 244.83 feet 10 the North boundary of the plat of
WINTER SPRINGS UNIT 3, as recorded in , Pages 89 md 90. Public Records, Seminole County:
Thence North 89"44'51" East a101lg said North <Joe 127.37 feet to the point of ttllVal11re of a curve
coocave Northerly and lying along the NonherIy ~Ja!.d plat; thence Easterly along the an: of said curve,
baving I radius of 20,289.77 feel through a central ./ I .3'5[", for 67J.9S fcel to lbc point of tangency;
thcuce Nonh 87051'00" East along uid North bo f< . fcellO the Point of Beginning.
L~:. (~
From the Nonheast comer of WINTER SPRINGS UNIT 3, ~ Plat Book 17, PI8C5 89 and 90, Public
Records of Seminole County, Florida; nUl North 8705]'00" an Easlerly utellSion of the North line of
said WINTER SPRINGS UNIT 3, I distan<:e of 395.67 ftello a Ion the East cascmenlline of a Florida Power
and Lighl Easement recorded in Official Records Boot 183, page 130, . Rccords ofSemioole COWlty, Florida:
nmthence: ~nhJt045'S2" West foracllitaucc 0(3674.63 feet; 426.66 feet 10 the Point of Beginninl!,
said painl being on the cc:nccrline of Howell Creek; run dIencc NorthC . d ceulerline of Howell Crect the
following courses: run Nonh 14"3I'IS" East for a distance of 103.24 run North 40.31'18" East for
a distance of ,53.38 fcct: thenee North 06"08'17" East for I dlswx:e of : thence run North 64020'12"
East for a diSL1Dce of 107.70 ftel; thence: run North 13 ~25'05- West for ad' 160.26 feet; thence run North
2t"36'48" We$[ for a distance of 84.60 feel; thence run North 24"28' ~ of 51.90 feet: thence
run North 06"01'13" Ea.n for a dislaDce of 79,25 feel; lhence run South 42orr3J t for I dist1llCC of73.29
feet; thence: run North 18~47'34" Easl for I dislaDce of 21.66 feel; thence ~, 'd cc:nccr1ine of Hoy,~1I
I
L
OfFICIAL RECORDS
gOOl( PAGf'
3844
0881
Creek run the following courses: !lID South 690SlMlCO~"'~ distlIIlCC of 383.72 feet: thence run South
87037'08" East for a distmCe of 484.86 6:et to a point on the Westerly Risht~f.Way line of proposed GreenBriar
LaDe (60' R/W), said point bcin& OIl a curve coucave Easterly aod baviDg a radius of 626.89 feet; thence from a
Wlgent beMing of South ZrJO'36" West, ruII Southerly along the arc of said CUlYe aDd said Westerly right-of-way
line 239. through a central aogIe of21 052'56" to the point of tangency; thence continue Southerly along said
WCSlerly' -of,way liac the following courses: Run South 00037'40" West for a diswux of 346.49 feet to the
po~~ of a curve concave Westerly and having a radiU$ of 1572.82 feet and a chord bearing of South
110~5" ~. om Southerly alOIl& the an: of said CUIVe S93.47 feet through a central angle of 21 037' 10'
to a run South 21049'28" West for a dist.aDCe of 346.24 feet to the point of curvature of a curve
concave having a radius of 1395.11 feet; tbence run Southerly along the arc of said curve 216.6Z feet
through a eof08"53'41" toapoiDI; thence leaving said Westerly right-of-way line, run South 860 IS'10"
West for a f IS3.49 feet; thence run North 03043"12" West for a diswx:e of 244.69 feet; thence North
40"22'19" distanee of 310.63 feet; thence North 64.51'04" East for a distance of 134.93 feet; thence
North 31 OSO' t for ~dislance of 146.S8 feet; thence North 15"31'52" West for a distance of 399.90 feet;
thence Noeth 400~'3 . ~ for a disuDc:c of 122.n feet; thence North 73044'33" West for a distance of 68.22
feet; thcnc:c Sou ' 0" West for a distanCe of 90.27 feet; thence North 54 026'46" West for a distance of
216.20 feet to the ginning.
LESS: ~
From the Northeast rom~TER SPRINGS UNIT 3, 35 recorded in Plat Book 17, pages 89 and 90 of the
Public Records of Seminot Florida; run North 87051'00" East along an Easterly extension of the North
line at said WINTER SPRI T 3 for a dislaIICC of 395.61 fed 10 a point on the East Easemenl line of a
Florida Power and Ligbt ~~ed in Official Records Book 183, page 130. Public Records of Semioo1e
County, Florida; thence om No~"4'"5'S2" West for adistaDce of3674.63 feet; thence East 1426.66 feet; thence
run South 54026'46" East for a distan~116.20 feet to the Point of Bcginning: thcnc:c tun North 51011'10" East
for a disran.ce of 90.27 feet; then uth 73044'33" East for a distance of 68.22 feet; thence ron South
74"34'23" West for a distance of 1 . eel to the Point of Beginning.
LESS: ~
Begin at the intc:rscction of the Westerly Ri ~ y line of Greenbriar Lane {60' R/W} and the Southerly line
of BRAEWICK AT TUSCA WILLA, PItAS roed in Plat Book 37, pages 53 through 54 of the Public
Records of Seminole County Florida. tun Sou 4" East along a radial line and along said Southerly line
for a distance of 60.00 feet to a point on a curve DCa :-,outheastcrly baving a radius of 566.89 feet; thence nln
Southwesterly along the arc of said curve through a~~ of 12"55'39" for a di5lance of 127.91 feet; thence
run South 87037'08' East for a distance of 34.26 f~~enc~SoUth 35033'46" East for a distance of II3Z.34
feet; thence run South 23" 18'5r East foradUtance 0M9~2' cnce run South 71054'46' West foradi$UlllCC
of 184.01 feet; thence run Sooth 04017'52" West for a .14 feet; thence run South 39028'43" East for
a distanee of 722.49 feet; thcna: run South 73012'02 or a distJlDCe of 288.95 feet; thence run North
8,5 "20'31" ~t for a distanCe of 402.56 feet; theDce tun '29" East for a distance of 135.88 feet: thcnce
run North 63'11'33" East for adistmcc of 180.5S feet; c uth 59'00'08" East for a distatlce of 196.74
feet; thcnc:c ruII South 43"57'50" East for a distance of 183.8 South OS058'56" East for a distance
of 93.96 feel: thence run South 53"46'20' East for a distance : thclIce run South 06"15'58" West for
a distance of 121.12 feet; thence roD South 68017'08" West distance of 417_24 feet: thence run South
81058'16" West for a diSlaDCC of 763.79 feet: thenc:e run North 22" l' . West for a distance of 478.46 feel:
thence roll South 89017'52" West for a distance of 174.22 feet; ru th 59041'12' Wesl1-or a distallte
of~74.66 feel; thence run South 46008'35" West for a distance on. . thence run Notth 1502S'14" West
for a distance of 391.42 feet; thence run North 53028'50" West for a of 243.05 feet; thence run Soulh
52004'01' West for a distance of 164.22 feet: thence IUD North 66051'. for a distance 0(32.51 feCI 10 a
poinl on a CUIVC concave Northwesterly having a radius of 1200.24 feel bearing of South 17029'44"
West; thence run Southwesterly along the arc of said curve through a ( 06012'14" for a distance of
129.96 feet to the Northeasterly comer of GREENBRIAR LANE, as )~f.w .Book 32. page 32 of the
Public Records of Seminole County, Florida; thence run Nonh 69024'09" W~iaIline and [I\( Northerly
I
L
OfFICIAL RECORDS
BOOK PM;r
3844
0888
line of said GREENBRIAR LANE fIX 1I diltmcc: of 60 .~~~ f,Qai1M1 a curve concave Northwesterly baving
a radius of 1140.24 feet, said point being lbe Northwesterly comer of said GREENBRIAR LANE; thence run
Northeasterly along !be arc: of said curve dlroughacenttal angle of06"4O'OS" fora diswx:e of 132.70 feet; thence
run North 66051'36. West for a distaDCt: of42.98 feet; thence run North 01021'28" East for a distance of 453.26
feet; run Nol1b 12"49'23" West fora disl8DCC of 176.73 feet; thence run North 86415'10" East for a distance
of 153.49 { to a point 011 a curve COOOlve Southeasterly havins a radius of 1395.11 feel and a chord bearing of
"East; !hence run Norlheasterly a1011g!be arc: of said curve through central angle of 08"53'47" for
.62 feet; theuce run North 21049'28" East for a distance of 346.24 feet to a point on a curve
concave westerly having a radius of 1572.82 feet lIIld a chord bearing of North 11426'15" East; thence run
No ~tbe an: of said curve: through acatu.! angle of2I037'IO" for a distance: of593.47 feet; thence
run No 0' East for 1I dislaDcc: of 346.49 feet to a point of curvature of a curve concave Southeasterly
having a ~~~~9 feet; theuce run Nonheastedy along !he arc of said curve lhrough a central angle of
37'02'56. \!2J~ of 405.36 feet to the Point of Beginning.
TOGE11IER W~~ 0
Tracts A and B ~BRIAR LANE EXTENSION, as recorded in Plat Book 41, page 24 of the Publit;
Records of Semino~ty. Rorida.
LESS AND EXCEPT: ~
Lots I through 19. ARRO . T TUSCAWILLA - UNIT I, according to Plat thereof, recorded in Plat Book
50, pages 42-50, of the Pub~ R of Seminole County, Ronda.
LESS AND EXCEPT: ~
COI11lIlC1lCC at the Northeast coruer ~ SPRINGS UNIT 3, as recorded in Pial Book 17, pages 89 and 90,
Public Records of Seminole: County. '; run thence North 00"15'09" West along a projection of the East line
of said WINTER SPRINGS UNIT 3, istancc: of 658. 13 feet to a point on the Easterly Riglll-<Jf-Way line of a
110' Ronda Power and Light Easement, ~ed in Official Records Book 183, page 130. Public Records of
Seminole: Cowuy, Florida; nm thence No~~'S2" West along said Easterly Right-<Jf-Way line 3274.35 feel;
run !hence North 54405'31" West along tlie 'd Easterly Right-of-Way line of Florida Power and Light
~t 480.37 feet to the Southern tD051 described in Official Records Book 1893, page 332 of
said Public Records and the Point of Beginning, inue North S4.0S '37. West along said Easterly easement
Right-of-Way line and the Westerly line of said rds Book 1893, page 332 for a distilncc: of 287.98 feel
10 the Easterly Right-of-Way line of Winter Sp . ~; thence run Sou!h 27"28'26- Wcst along said
Easterly Right-of-Way line 10 a poin! on a DOn-Qagen ncalfe Northweslerly halfing a radius of 1205.92 feel
and a chord bearing of South 29'19'23" West; esterly along the an: of said curve and said
Easterly Right-of-Way line through a central aogle of'S" a distance: of 84.11 feet to a poim on a non.
tangent curve concave Easterly having a radius of 2j.00 :;.anl1 a chord bearing of South 14 '35' 54" East, said
poinl being on lhe Nonherly'Righl-of.Way line of AugtJlita' levard (~O' R1W); !hence run the following
S courses and diswu:es along said Northerly Rigbt-<Jf-Way : therly along the arc of said curve through a
central angle of 92.01'27" for a distance of 40.15 feet to tbe ~cy; thence run South 60036'37. East
for a distance of 15.31 feet to lbe point of curvatUre ofa curve onheasterly having a radius of 173.97
feet; thence run Southeasterly along the: arc of said curve throu cenlral angle of 32030'11" for a dislance of
98.69 feet (0 the point of tangency; thence run North 86.S3'12" East ~ istance of 40.95 feel to the poiOl of
curvature of a curve concave Southwesterly baving a radius of 152.22 t; run Southeasterly along the are
of said curve through a central angle of 38'19'59. for a distiln~ of 10 0 a point of non-tangency; then~
dep~~g said Northerly Riatll-of-Way line. run North 66431'28" East fa ~~ce of 32.64 feel to the Point of
"".=m. ~
~r:~
I
L
~tclAl RE:C~'ff
384~
0889
LESS:
SEMINOLE CO..FL
That part of Lots S, 6 7 aod 8, THE EAST PART OF PHILIP R. YONGE GRANT. SOUTIl PART, as recorded
in P1aI I, page 38 of the Public Records of Seminole County, Florida, lying in Seaion 7 , Township 21 South.
Range 31 t. Seminole County. Florida being more panicuIarly described as:
Co most Westerly a:>mer otTract 'C', ARROWHEAD AT TUSCA WILLA - UNIT 2. recorded in
Plat es 52, '3 aDd 54 of tbc Public Rec:onls of Seminole County, Florida; thence S 89"58'36' E.
50.00 th~tth line of said Tract 'C' 10 the NorthCllSt comer of said Tract 'C'. said North line ofTracl
'C' also ~ Right of Way line of Winter Springs Boulevard recorded in OffIci.1.l Records Book 1057.
Pages 164 1644, of the Public Rerords ofScminole COWIt)', Florida; thCUl% leaving said ARROWHEAD
at TUSCA NIT 2 ruD S 89058'36' E. 986.19 fCC( alolll said South Right of Way line of Winter Spring
Boulevud fa int of "; theuce OOIltiuuc S 89058'36" E, 199.33 feet: along said South Rigbl-of-Way
tine to the Point of C of a curve COIICaVC Southerly having a T3dius of 2,292.44 feel, thence run Easlerly
6S6.03 feet alon f said curve throu&h a Ccmral Angle of 16.23'47" to the IDOSl Northerly comer ofLoI
]8, CHELSEA P SCA WILLA PHASE n, recorded in Plat Book: 46, pages 64 and 65 of the Public
Records of SeminoI , Rorida; leaving the Southerly Right of Way line of said Winter Springs Boulevard
run alOll8 the WC$terlY~Of said CHELSEA PARC AT ruSCAWlLLA PHASE II through the following
COUI$CS and diSUDCeS, S "W, 14.78 feet; thence S 17037'28' E. 70.78 feet; theoce 536"01'55' W. 67.49
feel; thence N 76"16'55 , .69 feet; Ibeoce S 51"59'49' W, 77.50 fm; thence S 22~5'15' W, 148.00 feel
to the lDOSt Weslerly CO ~f said CHELSEA PARe AT TUSCA WILLA PHASE II. said most Westerly
comer of Lot 44 abo bcing rthcrly comer of Lot 13, CHElSEA PARe AT ruSCA WILLA PHASE
IlCCOrded in Pl:u Book 45, 83 of the Public Records of Seminole COUIIly, Florida, thence run S
2202S'15' W, 128.24 feet alo the Westerly 1m of Lots 11. 12 aDd 13 of said CHELSEA PARC AT
TUSCA WILLA PHASE I to the mo~t W, y comer of saicl Lot 11; thence S Olo02'OS' E, 20.29 feet along the
Westerly line of said Lot II to th eslerly a:>rncf of Lot 60 of FOX GLEN AT CHELSEA PARCo
TUSCAwtLLA recorded in Plat , 78,79, SO. 81 and 82 of the Public Records of Seminole County,
Florida; d1eoce SOl 002'05" E. 94.59 eet a101l the Westerly lineohaid Lot 60 and the Wesrerly line of Tract "A'
of said FOX GLEN AT CHELSEA PARC WILLA to the Point of CurvatUre of a curve concave Easterly
having a radius of 55.84 feet; thence Sou 62.53 feet along the arc of said curve through a centtal angle
of64009'4O"; thence leaving said curve aDd . i said FOX GLEN AT CHELSEA PARe. TUSCAWlLLA
run N 87"21'25" W, '59.92 feet; thence N ~, E, 185.64 feet; lhencl: N 60000'54" E, 63.59 feet; lhencc
N 18018'37" W, 82.90 feet; thence N 55.39'4 .73 feet; thence N 00026'08' E, l32.88 feet; thence N
89026'54" W, 1:56.06 feet; thence N 00"24'59 f, ~ feet to the South Right of Wa.y of Winter Springs
::ard and the sa.i~ Point of Beginning.. ~~o
That pan of Section 7, Township 21 South, Range II . e COUIlt)'. Florida being more particularly
descnDed as beginning at the' most Westerly comer of Loll BRIAR SUBDIVISION PHASE 2, recorded
in Plat Book 40, pages 42. 43 and 44 of the Public Reco . Ie Counry, Florida; thence along the
Northerly line of said GREENBRIAR SUBDMSI0N PHASE~ !be followin& courses and distam%s:
N 55048'42' E. 39.28 feet: thence N 13.57'00" E, 100.44 S 65"42'28" E, 53.92 feet: thence N
16808'27' E. 61.62 feet; thence N 29004'00" W. 34.04 feet; N 84828'41" E, 93.38 feet; meoa: N
40840'42" E. 61.28 fc:et; tIxDc.e N IO"IO'OS' E, 18.79 fca. tbence I Nonherly line of GREENBRIAR
SUBDIVISION PHASE 2 run N 31045'52" W. 215.15 feet; 8014'07" W. 350.00 feet 10 the
Nonheuterly line of !be 110.00 foot wide Florida Power and Light Easement, recorded in Official
Records BooII:: 2877. Page 1538 or the Public R.ccords of Seminole County o' ; thence S J 1 045'52" E. 316.13
feet a.1ong said Northc.uterly line to me Point of Beginning. .~
v(2)f\
~
;
i
!
j
----'
FLOOD NOTE
ACCORDING TO lAY INTERPRETATIONS OF COMUUNITY PANEL
NO. 120295 01.5 E ~ ll-lE F1.000 INSURANCE RATE ),lAPS
fOR SEMINOlE COUNTY, Fl.ORIQA, DATED 4/17/95 niE
SU8..E:CT PROPERTY 15 IN FLOOD ZONE .X", IE "AREAS
DETERU1NED TO BE OUTSIDE THE 5OO-YEAR FLOOD PLAIN",
1
BOUNDARY AND
TOPOGRAPHIC SURVEY
SITE DEl AIL
SCALE: 24")( 36" SHEET I". 10'
SCALE: 11")( 17" SHEET ,". 20'
" N
... ro
3 "-
.s 8
~
8
"
~
%
't-
1,.1:>."-
"'i!:
<f>9:,:.\
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<"
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~q,
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"k~Q..
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-" + ~.
'(.,r.,,~
'<-:"'~
"h~~-"
~?-
,10
0"-
V
,1'
0"-
\)
PROPOSED TOWER LOCA TlON INFORMA TlON
HAD BJ
LATlnJDE . 28'40'23.71" N t5O'
LONGITUDE. 8115'18.90" W :t50'
NAD 27
LA TlTUOE . 28'40'22.72" N %50'
LONGITUDE - 8115"9,66" W :50'
GROUND UE:VATlON AT BASE OF" TO'NER - 42.4't20' NGV029
GROUND ELEVATION AT BASE OF TO~ . 43.5'*20' NAI,{)8B
\
\
q.
~
~
\
L
GRAPHIC SCAlE
20 0 10 20 40 80
""^--i............' I
( IN FtET )
SCALE: 24")( 36" SHEET ,". 40'
SCALE: 11")( 11" SHEET I". 80'
LOT 9
SOU TH UNE Of' LOT 9
NORTH UHf OF LOT 10
(o~
'ot"
IN SECTlON 18, TO.,.".,SHIP 21 SOUlli, RANCE 31 EAST.
SEIolINOLE COUNTY, FLORIDA
FOR: VERTEX DEVELOPMENT, LLC
PROPERTY DESCRIPTIONS
PARENT PARCEL
(omClAL RECORD BOOK 38<<, PAGE 882)
SEE DESCRIPTION ATTAOiED HERETO
TO~ PARCEL
(PREPARED BY THIS omCE)
THAT PART or LOT 10, PHIUP R. YONGt GRANT, AS PER PLAT THEREOf
RECORDED IN PLAT BOOK 1. PACE J8. OF THE PUBUC RECORDS Of'
sallNOLE COUNTY, FlORIDA, BEING ""ORE PARTICULARLY DESCRIBED AS
fOlLOw.;,
COtolMENCE AT THE MOST NORTliERL Y CORNER OF LOT 170. COUNTRY ClUB
VILLAGE. UNIT THREE. AS PER PLAT THEREOf RECORDED IN PLAT BOOK 25.
PAGE 34. Of THE PUBUC RECORDS OF SEMINOlE COUNTY, flORIOA. SAID
POINT BEING ON THE WESTERLY UHE Of AN EXISTING 110' WIDE FlORIDA
PO'M:R &: WGHT CQWPANY EASEMENT; THENCE 5 31'45'52" E ALONG THE
NQRTHEASTERL Y UNf Of SAID COUNTRY ClUB VILLAGE. UNIT THREE AND
ALONG THE Vr'ESTERL Y UNE Of SAID FlORIDA PO'NER a: UGHl Co.APANY
EASEUENT FOR J06.15 f!ET; Tl-lENCE N 58'4'08" E FOR 167.56 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE N 5814'08"' E FOR 50.00
FEET: lliENCE S 31.45'~2. E FOR 50.00 FrET; lliENCE S 58'4'08- W FOR
50.00 fEET; THENCE N 31"5'52" W FOR 50.00 fEET TO SAID P~NT OF
BEGINNING.
CONTAINING 2.500 SQUARE FEET, lrolORE OR LESS.
LEGEND
. INDICATES PLACED 1/2- REBAR Willi
GEOllNE L.B 7082 CIV'
o INDICA TES IRON PIN fOUND AS NOTEO
o INOICATES CONCRETE I.lONUlrolENT FOUND AS NOTED
_~ INDICATES OVERHEAD UTlUTY UNE
e INDICATES CONCRETE unuTY POlE
_ D -INDICA TES CHAlNUNI< FENCE
(___) INDICATES RECORD DESCRIPTION DATA
x 3~UI INDICATES SPOT ELEVATION
tNDICA rES PINE TREE AS NOTED
6. INDICA TES Et.tr.l TREE AS NOTEO
o INDICATES OAK TREE AS NOTED
. INDICA TES PAUl TREE AS NOTED
TREE NOTE: INDICATED TREE SIZE IS TRUNK
DIAlrolEl'ER IN INCHES, 4-5 fOOT ASOVE GROUND
SURVEYOR'S NOTES
1. BEARINGS HEREON ARE REFERENCED TO lliE ASSUI.lED BEARING Of' 5
,31.45'52- W ALONG lliE 'l\(SlERLY UNE OF lliE 110' 'NIOE FLORIDA PO'NER
&: UGHT COMPANY EASELlENT.
2. NO ASOVE-GROUND OR BELOW-GROUND UTlUTlES OR IMPROVEMENTS
~RE LOCATED EXCEPT AS SHO'M-I HEREON.
3. lliE BOUNDARY &: TOPOGRAPHIC SURVEY SHO'M-l HEREON IS BASED
ON ACTUAL FlELO lr.lEASUREM(NTS AND OBSERVATIONS DATED FEBRUARY
06, 2006.
4. REPRODUCTIONS OF llilS SKETCH ARE NOT VAUO WITHOUT THE
SIGNATURE AND tHE ORIGINAL RAISED SEAL Of A flORIDA UCENSEO
SURVEYOR AND LlAPPER.
5. lliE PURPOSE Of llilS SURVEY IS TO ESTABUSH AND DESCRIBE A
TOI'tER PARCEt. THIS IS NOT A BOUNDARY SURVEY Of' THE PARENT
PARCEL
6. LATITUDE AND LONGITUDE VALUES OEPICTED HEREON WERE
ESTA8USHEO WITH A TRIMBLE PRO XR GPS RECEIVER EQUIPPED WITH A
COAST GUARD BEACON RECEIVER fOR REAl. T1Io4E CORRECTION.
7. ElEVATIONS DEPICTEO HEREON ARE BASED UPON GPS OBSERVATIONS
MADE WITH AN A$HTECH LDCUS RECEIVER THAT WERE POST PROCESSED
'MTH CORS DATA FILES AND ARE REFERENCED TO THE NAVD66 DATUM.
PHIUP R, YONCE GRANT
PLAT BOOK 1, PAGE 38
LOT 10
PARENT PARCEL
WINTER SPRINes GOlF LLC
OfflCIAl RECORD BOOK 3~, PAGE 862
TAX PARCEL NO. 31-20-31-~B-OOOO-OO4A
NOTE,
SET 1/2" REBAR
(NO 10ENnnCA nON)
AT THE CENTEJ1 OF
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DAVID G. SHORT 7
flORIDA PROFESSIONAL S)R',(;,'''t..~ AND UAPPER
CERTlFlCATE Of REGISTRATION NO. 5022
G E'iDL I N E
SURVEYING, INC.
ProIIlUioll.' Land SurNJ'On
13430 NY IOflh Terrace, Sui... A
.uacbua, Florid.a 32fH&
(386)41B-05OO fa~(J88)4l;2-99B8
geolln eOgeolineinc.com
SCAL[ 1- . 40'
OAT[ FEBRUARY 06. 2006
P~O..(CT , 264-24
F'IELO Baal< Il2.6
TUSCAWILLA SITE # FL 5032
SEMINOLE COUNTY, FLORIDA
264-24
IXPIR'J' CONBTlUcn:ON KAH4am, [Nt.
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!":;'RYANN~ !'10?S::
r-L =-Rt\ Q~ CIRCUIT COUiH
.., SEMINOLE COUNTY. Fl.
RECORDEO &. l/ERlfIEll
531777
This instrument prepared by and
should be returned to:
'00 HAY - 3 PM 3= 1t8
Stuart Smith, Esq.
D & KNIGHT LLP
. ox 1526
do, FL 32802-1526 tv"
~5-8500 ~<&tJ:J2.\.Y
.A ~T_fd.S.Y w
~~ 31-20-31-5BB-OOOO-OO4A ,......... T_" Q}
\SV v"'~ 31-20-31-586-oooo-oo3D .......... ~~ ~;:
~ 031-20-31-588-0000-0070 ...____' ~ _0.0. ~
~ SPBCL\L WARIWITY D: E ~
The Grant~USCAWILLA INVESTORS, INC., a Delaware corporation,'" ex>
whose mailing a is Four Embarcadero Center, San Francisco, CA 94111, N
in consideration ~ Dollars ($10.00) and other valuable consideration
received from the ( r tees, hereby grants and conveys to the Grantees,
WINTER SPRINGS ~.L.C., a Florida limited liability company, whose
mailing address is 99 erry Hill Road, Suite 305. Parsippany, NJ 07054, and
whose Taxpayer mlt is ~144 , the lands in Seminole County, Florida,
described on attached "A".
This conveyance is su~ easements and restrictions of record and to
:::;~;~: ;;;G,~:~:;~~;~;;~n, ~t ~':UIO:crs~
of and good right to convey .~ ~ vested in the Grantor, and the
Grantor hereby warrants the title t~~ds and will defend the same against
the lawful claims of anyone claimin~gh OT under the Grantor.
Dated this J.Qt:. day of ma}?~ ' 2000.
( ('~')
Signed in the presence of: ~ V
~JVILLA I~TORS, INC.,
~ware corporatIon
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ted Name: ~1lll"I!IJ t. ~(..'t.ful\
By:
Name:
Title;
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L
OfFICIAL RECORDS
BOOK P~r,~
38t.4
0884
EXHIBIT nAil
SEMINOLE CO..FL
NA FARMS, JlS recorded in Plat Book 6, ~e 23, Public Rea>rds, Seminole County, Ronda, lymg
in 18, Township 21 South, Range 31 East, City of WIl!IC1' Springs, SemiDole County, and being
nows:
o
Northeast coma of the plat of WEDGEWOOO UNIT ONE. Plat Book 20, Pages 56 and 57,
. Ie Counry. 1heoce SoII'~, ~"I"'2J" E1st along tIH: East boundary of said plat for 319.40
6~37'51" EastaJODIthe East boundary ofuidpbt for474.25 feet; thence South 10053'10' East
~said pw, aDd aIoog the East botmd.a1y ofWEDGEWOOO UNIT TWO, Pial Book 21.
Pages 11 md 1 . Records. Seminole COUIIlY, Rorida. 634.02 fm; 1bentt South IB"54'08" East along the
East boundary ~laI of WEOOEWOOD UNIT TWO and aloog !be East boundary of the pial of
WEDGEWOOD REE, Plat Book 21. Pages 13 and 14, Public Records, Seminole County, for 489.86 feet:
thence South IIG " 3loug the East bouDdaty of said plat of WEl)GEWOOD UNIT THREE for 150.34
fm; ~ South 25" , ~ alOllg the East boundary of S3id plat for 306.15 I'm: theDcc South 44 .52'21" East
along the East ~ lat for274.06foc:t: tbmce South 69055'33" West along the South boundary of said
plat. also being the Howell Creek for 138.85 feet; tbcnce Sou1h 87019'11" West along said South
boundary for 10.00 feel; South 21034'51" West aloog said South bound2ry for 145.76 feet to the
NoI1hcasterly Right-of-W ~em Way JlS shown on the plat of WINTER SPRINGS UNIT 3, Pial Book:
17. pages 89 aDd 90, Public R , . Ie County: thence Southeasterly along said Northastcrly Righr-of. Way
line, along the arc of a curve e Nonhcasterly, laving a ~us of 1610.00 feet, through a central angle of
SrS8'46". having achero bearing~63045'4S" East, for 14&8.71 fm to thepointoftangency: then<x North
89"44'51" East along said No . ~f.Way line for 29.37 feet to the West boundary of the plat of
WOODSTREAM, Plat Book 24, P 97 and 98, Public Rea>rds, Seminole County; thence Northerly along said
We$! boundary for the following courses: 00015'09" West for 214.S1 feet: North 60035'58" Wesr for 685_11
feet; Nonh 78.3S'I2" West for 145.64 rth 09024'26" West for 541.51 f<<:t to the Southwest corner of the
plat of COUNTRY CLUB VIlLAGE U , Plat Boot 25. Pages 33 through 31, Public Rewrds, Seminole
County; thence Nonh 58.23'53" West West boundary of said plat for 442.28 feet: thence North
01014'Sr West along the West boundaIy , and along the West boundaIy of the plat of COUNTRY
CLUB VILLAGE UNIT lWO. Plat Book 79 and 80, Public Records, Seminole County, Florida,
for 796.14 feet; thence Nonh 10"47'28" West boundary of said plat, and the West boundary of the
plat of COUNTRY CLUB VILLAGE UNIT 0 k: 22, pages 4, 5 and 6. Public Rea>rds, Seminole
County for 566.65 feet; tbenec c:ontinne along the of said plal for the following courses: North
29'"58'16" West for 340.05 feet: North 61"53'50" 07 feet: North 64 .55'36" East for 451.79 fm;
North 04041'25" East for 82.96 feet ro tbe poinr of 0 a CUlYe concave Southwesterly; Northwesrerly
dong the ~ of said curve. having a radius of38.88 fi a ecntr2I angle of S80SO'48", for 39.93 feet to
the point of tangency; North 54 "09'23" West for 260. ro the point of curvatUI'C of a curve COllCave
Southwesterly; Northwesterly along the ace of said curve. ius of 102.22 feet. through a central angle
of 38057']3". for 69.S 1 feet to the point of tangency; South ClIt for 40.95 feet to the point curvanm:
of a curve concave Nonheasterly; Northwestcrly alOll8 UIe arc rve, having a radius of 223.97 feet, through
a central angle of 32"30'11", for 127.05 feet to the point of tall ; North 60036'45' West for 23.02 feet to the
point of curvatUre of il curve concavc Southerly; Westerly :along the 'd curve having a radius of 25.00 feet,
through a centnd angle of 83015'10., for 36.33 feet to a poinr of with the South Right-of-Way line of
Winter Springs Boulevard and a point of tenninalion along said Weste of COUNTRY CLUB VIllAGE
UNIT ONE; theuce Southwesterly along said South Right-of-Way !DC ong the ace of a curve concave
Northwesterly, baving a radius of 1205.92 feet, a thotd bearing of Sou "Wesr, through a central angle
of 46"37'34", for 981.35 feet to the Poinr of Beginning. ~O )
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ufflW.L Kt~IJRO~
BOOK PA~~
38~4
0885
EAST GOLF COURSE
SEMINOLE CO..fL
Ponion of PHIWP R. YONGE GRANT, PIal Book: I, page 38, Public Records of Semioole County, Florida and
part of GAROENA FARMS, Plat Book 6, page 23, Public Reconh, Setnioole CounIy, Florida: lying in Sections
7,8,17 18, Township 21 South, Range 31 Em, City ofWin= Spring$, Seminole County, Aorida, being more
particul 'bed as follows:
Be~
Northwest comer of the pial of TUSCA WILLA UNIT 7, as recorded in PIAl Book 22, pages 46
Records, SemiooIe County; tbeDCe North 87"51'00. East aIoag &be North line of said pial for 285 .67
~ of me pial ofGREENBRJAR LANE, Plat Boot 32, page 32, Public Rccords, Seminole
County; ~~y aIoog the West bouDdary along the Me of a curve ~e Northwesterly and having
a radiU$~' throup a ccmraI aogle of 90"00'00" , for 39.27 feet to the point of tangency; thence North
02"09'00" said West boundary for 75.94 feet to lhc: poinl of c;ur.oaIllIe of a circular curve CODC3ve
Southw . NOdhwcstCrly along said West boundary, along the an: of said curve, having a radius of
472.11 feet IhrouE. mgle of 06")4'54., for 54.18 feet to the East line ofa 110 feet wide Florida Power
and Ught Co' as recorded in Official Rccords Book 174, pages 234 - 244, Public Rccords.
ScmiDole COIl11Iy, rth 31 "45'52" West along said East line for 2412.49 fttt to the centerline of HoweU
Creek; thence y aIoog said centerline forthc following courses: North 55048'42" East for 39.28 feet;
North 13057'00" East for 199:,44 feet; South 65.42'28. East for 53.92 feet; North 16"08'27- East for 61.62 feet;
North 29"04'00" West~ feet; North 84"28'41" ~t for 93.38 feet; North 40040'42" East for 6L28 feet;
North 10010'05. East f< 5.. feet; North 81 "28'42" East for 61.22 feet; North 02038'26" West for 56.84 feet;
North 31"48' 19' Eat for ~; North 28009'35- West for 65.08 feet; SOOth 76052'16" East for 74.79 feel;
North 40001'25. East for 3 49 ; North 40043'04" We5t for 40.96 feet; North 07"08'54" East for 47.03 feet;
Soum 50010'05" East for. . orth 03"10'47" E3st for 47.03 feet; North 36"44'06" Easl for 64.26 feel
to apointoftenninalioll along centerline of Howell Crttk:; thence South 26"54'18. East for 364.56 feet; thence
South 56017'36" East for 186.6 ~; South 22"05'05" Easl for 167.53 feet; thc:nce Soum1S031'15" East
for 333,70 feet; thepc.e South 13"0 for 426.26 feet; thence Soutb 23033'39. East fat 353.84 feet: thence
South 69024'09" East for 315.33, South 31 "23'45- East for 652.31 feet; thence North 68"02'37" East
for 452.35 feet (0 the Northwest co of the plat of FAIRWAY OAKS UNIT ONE, Plat Book 23, pages 96, 97
and 98, Public Rccords, Seminole Coun , North 68 .02'37" Easl along the North boundary of said plal for
247.12 feet; thence North 75009'51" al the North boundary of said plat for 643.68 feet; thence South
29033'07" East along me East bouodaIy 0 for 299.19 feet; thence South 53"31'50" East along the East
boundary of said plat for 231.34 feet; 1"43'32" East along the East boundary of said plat for 317.70
feet 10 the North boundary of said plat of TU UNIT 7; ~ NonheaErly along the North boundary
of said plat along the arc of a curve concave and having a radius of 1258.15 fect, a chord bearing of
North 66042'43" East through a central ang1c of eagor 446.81 feet to the paiDl of reverse curvatUre of a
curve concave Northwesterly and lying along ili boundary of the plat of TUSCAWILLA UNIT 13. as
recorded in Plat Book: 29, pages I and 2 oftbc PubmSm1ino\e Coonty; tbencc Northeasterly along the
an: of said curve, having a radius of 1160.00 feet, <= angle of 11043'08., Cor 237.26 feet to the point
of tangency; theoce North 65010'00. East along the of said pial for 3.50.00 feet to the point of
cucvatUte oC a curve conCave Soutbcaslerly and lying orth boundary; thence Northeasterly along the
arc of said curve, having a radiUll of 921.22 feet, throu mgle of 19050'20", for 318.98 fect; thenc~
Nonh OS" 54' 54' East for 612,03 feet; thence North 44 059' 80.91 feet; thcnce North 66 "25'16" West
for 470.11 feel; thcnc:e North 78"11'13" West for 1038.42 North 57"16'57" West for 259.96 feet;
lhence North ]4038'06" East for 299.31 feet; lhence Nonh \" West for 434.41 feet 10 the most Southerly
comer oflhe Sewage Treaunmt Plant Site as described in Offici Rii" 1027. page 619, Public Records.
Seminole County; thence North 12"56'23" West along the Westerly, of said Tracl for 100.00 feet; thence
North 34"11'57" W~ for 300.00 feet: thence continue North 3 ," West for 250.87 feet; lhence North
52" 19'24" West for 809.11 f=IIO the cenlerline of a ditch: thence erly and Northeaslerly along the
centerline of said ditch, along the following courses; North 16048'35" 39.04 feet 10 the point of curvaLUCC
of a curve concave Westerly, Northeastcdy and Northwesterly along th~~jfj'd curve, hllving a radius of 57.5 1
feet. through a centnl angle of 82"00'20", for 82.31 feel to the po~(6r ; North 65"11'45' Wesl for
389.00 feet to the point of curvatU1'e of a curve concave Northeasterly, csterly along the arc: of said
curve, having a radius of 55.84 feet. through a cenua1 angle of 64 "09'40" r 6 . t to the poinl of tangency;
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OffiCIAL RECORDS
BOOK ~ r,r
3844
0886
North 01 OQ2'OS" West for 114.88 feet; Nonb 22"25'15. EwMr,,~t'e6.M 10 tile cenrerliDe of Howdl Clttk:;
tbence NonhcrIy aIoog said CCUl&t'tiDc of Howell Cmek, lhc-fuUOMng councs: North 51"59'49" EJst for TI.)()
feet; Soudl 76~6'SS" East for 12.69 feel; Nonb )6001"55" East for 67.49 feel; NonIl17031'2S" West for 70.78
feet; North 29"07'4r East for 14.49 fccr 10 lbe South RighJ~f-Way IiDc of Wmter Springs Boulevard; thence
North y aloag Rid Sowh Risbt~f-Way liDe, a1oia& rile ace of a cune 0lHICaVe Southerly and lu.viog a radius
of2 feet, a chon1 bearing of North 81046"57" WCSt, Ihrou&h I CCIItt'aI angle of 16023'18", for 655.71 feet
to of taogcocy; t.beoce North 89058')6" West along said Soutb RigIu~f-Way line for 1285.51 feet; thence
'17" West forJ3S.2Heet; the:lla; Soulh420ll'S9" West for 234.26 feet; lhencc South 52"10'34" Wcst
tel; thence Souch 66"37'28" West for695.01 feet; thence North 54"05'37" West for 287.98 feet to the
y Right~f-Way line of Wmter SpriDgs Boulevard; thence South 27"28'26" West a100g said
. -of-Way liDe for 20.96 feet to the point of CUI'\1IllJre ola curve COIlCave Northwesterly, and lying
Right-of-Way liDe, ~ SouthWC$tCrly aIoog lbe art: of said curve, baving a radius of
gb a caltm angle of 03059'26", for 83.99 feel to lbe point of reverse curvature of a curve
concave and lying along the Nonheasterly boundary of the plat of COUNTRY CLUB VILLAGE UNIT
ONE~as ~nled . Book 22, pages 4,5 aDd 6, Public Records, SemiooIe County; thence Southeasterly along
the Easterly ~ of said pial for the fullowin& 00tU'5CS: SoutbcrIy along che ace of the last
described ~a radius of 25.00 &d, dtrough a cmtr3l angle of 92 004 '36", for 40. 18 feet to the point
of tangency; '45" EaI for 15.31 feet to the point of curvana.re of a curve conuve Northerly; Easterly
along the arc of ~baVing a radius of 173.97 feet, through a ccntra.l angle 002 "30'11", for 98.69 feet
to Ibe point of tang 86053'04" East for 40.95 feet to the point of CUlVaIUrC of a curve concalle
Southerly; Easterly aI of said CUIVe, hailing a txiius of 152.22 feet, through a central angle of38"S7'33'
for 103.50 feet to the ~ency; South 54"09'23" East (or 295.46 feet to the point of curvature ofa curve
concave Southwesterly; y a100g Ihe arc of said curve, having a radius of 67.62 feet; through a cenll8l
angle 0(58050'48", (or 69. e pointoftangeucy; South 04041'25" WC$t for 58.94 feet; South 54005'37"
East for 90.06 feet; thence 045'52" &it along the East boW1dary of said pial of COUNTRY CLUB
VILLAGE UNIT ONE and aI the~t bouudmy of the plat of COUNTRY CLUB VILLAGE UNIT THREE
for 1102.28 feet; thence Sou1hS80~ for ISS.39feer; thence South 17004'38" East for 533.09 feet; lhence
South 17004'38" East for 365.18 South 31"44'13" East (or 465.84 feet to the Northeast corner of that
certain pan:el descnllcd in Official Book 1428, pages 206 and 207, Public R.ecords, Seminole Co\lllly;
thence along the East and South 'd parcel, the following courses: South 31 044'13' East for 300.00
feet; South 75.52'42' Ean for 331.3 01011'44" East for 418.79 feet; North 70"29'34" West for
215.02 feet; South 79044'00' West for ; South 36044']00 West for 103.84 feet to the East boundary
of the pla1 of WOOD STREAM, as ra:o 24, pages 97llDd 98, Public Records, Seminole County:
thence South 00"15'09" East along said for 244.83 feet \0 !be North boundary of the pIal of
WINTER SPRINGS UNIT 3, as mcorded in , Pages 89 and 90, Public Records, Seminole COUIIly;
Thence North 89044'51" East along said North <lOr 127.37 feet to the point of curvature of a curve:
concave Northerty and lying along the Northerly 5' d plat; thence Euterly al0ll8 the 3rt of said curve,
baving a radius of 20,289.17 feet through acenual -- 1 3'St., for 671.95 feet to lbc point of tangency;
thc:nce Norch 87051'00" fist along said North bo fo . feet to the Point of Beginning.
LESS . ~
From the Nonheur comer of WINTER SPRINGS UNIT 3, ~ Plat Boot 17, pages 89 and 90, Public
Records of Seminole County, Florida; run North 87'51'00" an Easterly extension of the North line of
5I.id WINTER SPRINGS UNIT 3, a distance of 395.67 feet to a t on the East easement line of a Florida Power
and Light Easement recorded in Official Reconls Book 183, page 130, . Rccords of Seminole County, Florida:
run thence NonhJt'4S',52" West foudistancc of3674.63 feet; 426.66 feet to the Point of BegilUling,
said point being on the cencerline of Howell Creek; run thellc;e NorthC 'd centerline of Howell Creek the
following councs: run North 14031'15" East for a distance of 103.24 run North 40"31'18" E.ut fur
a distance of 53.38 feet; thence North 06'08'17" East for a distance of ; thence run North 64"20'12"
East for a distance of 107.70 f~; thence runNonh 13'25'05. Wcst for ad' 160.26 feet; thCDCe run North
21"36'48" West fora distance of 84.60 feet; thence run North 24"28' Etma: of 51.90 feet; rhence
run Notth 06002'13" East for a distance of 79.25 feet; thence run South "42"rr3} t for a dist1l1CC DC 73.29
feet; thence run North 18047'34" East for I disWlcc of21.66 feet;!bcnce ~ 'd centerline ofHow~lI
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OFFICIAL RECORDS
BOO1{ PAG~
3844
OB81
Creek lUll lhc following courses: I\IlI South 69"SI14IC(l~W'1. distance of 383.72 frel; thence run South
87031'08" East for a di.staaCe of 434.86 ~ to a point on the W~y Right-of-Way line of proposed GreenBriar
LaDe (60' R/W), said poiDl bcin& on a curve coucave Easterly and having a ndius of 626.89 feet; thence from a
Wlgenl bearing of South Zr30'36" Wesl, [UIl Sou!hedy along lhc arc of said curve aDd said Westerly righl-of-way
line 239. tbtougb a cmtral aogIe onl 052'56" 10 the poinl oftangeocy; thence colllinue Southerly along said
Westerly' -of-way line the following courses: Run South 00037'40" West for a disWlCC of 346.49 feet 10 the
po' of a CUJVC c;onave Westerly and having a radius of 1572.82 feel and a chord bearing of South
11" run Southerly aloD& the are of said curve 593.47 feet through a central angle of 21 037" 10"
10 a run Sourh ZI049'280 West for a distance of 346.24 feel lO the point of curvalUre of a curve
concave baving a radius of 1395_11 feet; dIence run Soulherly alOlJ8 the arc of said curve 216.62 feet
through a C of080S3'41" lO a point; thence leaving said Westerly right-of-way line, nmSoulb 86015'10"
West for a f 153.49 feel; thence nm North 03043'12" West for a distanee of 244.69 feet; lbence North
40"22'19" diswx:e of310.63 feet; thence Nonh640S1'04" East for a distancc of 134.93 feel; lbcnce
North 31050' for ~cIistaIKe of 146.58 feet; thence North 15"3l'S2' West for a distanCC of 399.90 feet;
thence North 400~'3 . Wt!sl for a distance of 122.77 feel; thence North 13'44'33" West for a distance of 68.22
feet; mence Sou ' 0" West for a distance of 90.27 feet; thence North 54 026'46" West for a distance of
216.20 feet to the ginning,
LESS; ~
From the Nollheast com NTER SPRINGS UNlT 3, as recorded in Plat Book 17, pages 89 and 90 of the
Public Records of Semino Florida; run North 8105 "00" East along an Easterly cxtcnsion of the North
line at said WINTER SPRl T 3 for a distance of 39S.67 feet 10 a point on the East Easement line of a
Florida Power and Light ~~ in Official Records Book 183, page 130, Public Records of Seminole
County, Florida; thence run No~045'52' West for a diSWlce of3674.63 fect; theocc East 1426.66 feet: thence
run South 54026'46" East for a d"1StlIDCC pf~16.20 feet to the Point of Bcginning; thCflCe run Nonh 51011'10' East
for a dist3nCC of 90.27 feet; thcn~~uth 73044'33" E35l for a distance of 68.22 feet; thence run South
14034'23" West for a distance of l~ectto tbt: Point of Beginning.
LESS: ~
Begin at the intersection of the Wcsterly Ri \ Y line of Greenbriar Lane (60' R/W) and the Southerly line
of BRAEWlCK AT TUSCA WILLA, PHAS rde<l in PIal Book 37, pages 53 through 54 of the Public
Records of Seminole County Florida, run Sou 4' East along a radial line and along said Southerly line
for a diSlaDCC of 60.00 feet lO a point on a curve DCa ~uthC3S1erly having a radius of 566.89 fect; thence ron
Southwesterly along the arc of said curve through a.~< of 1205.5'39' for adi5lance of 127.91 feet; thence
run South 87037'08" East for a disWlcc of 34.26 f~~~enc run South 35033'46" East for a distance of 1132.34
feet; thence run South 23018'52" East foradislatlcc 0 92 /" ' cncc run South 11054'46" West for a distance
of 184.01 feet; mence run Soulb 040I7'S2' West fora ,14 feel; thence run South 39'28'43" East for
a distance of 722.49 feet; thence run Soulh 73012'02 or a disWICC of 288.95 feet; thence run North
8S"20'31- East for a distanCe of 4OZ.56 feet; lbcncc run '29" East for a distance of 135.88 feet: thence
run North 63"11'33" East (ora distance of 180.55 feet; th c uth 59000'08- East for a distance of 196.14
feel; thence [UIl Soulb 43 GS7'SO' East for a distance of 183.8 South 08058'S6" East for a distance
of 93.96 feet; thence run South 53046'20" East for a distance : thence run South 06015'58" West for
a disunce of 121.IZ fret; thc1ICC nm Soulb 68017'08" West distance of 417.24 feet; thence run South
81'58'16" West for a dislaDCC of 763.79 feet; thence run North 22" l' "West for a distance of 478.46 feel;
thence run South 890I1'Sf-" West for a disance of 774.22 feet; ru th 59'41'12" West for a distance
of 274.66 feet; thence run South 46008'35' West for a distance of 2. . thence run North 15'25'14" West
for a distance of 391.42 feet: thence run Nonh 530Z8'SO" West for a of 243.05 feet; Ihence run South
S2~04 '07' West for a distance of 164.22 feet: thence run North 66"51'" for a distance of 32.51 feel to a
point on a curve concave Northwesterly baving a radius of 1200.24 feel bearing of South 17029'44'
Wesl; thence IUD Southwesterly along the arc of said curve through a ce f 06012' 14' for a distance of
129.96 feet to the Northeasterly comer of GREENBRIAR LANE, as l~j.N Book 32, page 32 of the
Public Records of Seminole COllnty, Florida; thence run North 69024'09' W~ialline and [he Northerly
I
L
OFfICIAL RECORDS
BOOI< p.\f;r
3844
OB88
line of said GREENBRIAR LANE for a disuDcc of 6O.~gQI,F;. ~~ a curve concave Nonhwesterly baving
a radius of 1140.24 feet, said point hems the Northwesterly corner of said GREENBRIAR LANE; thence run
Northeasterly along !be arc of said curve through ac:entt2l angle of0604Q'OS" for a disoDce of 132.70 feet; thence
run North 66051'36" West roc a dis~ of 42.98 feet; thence run North 01021'28" Ust for a distance of 453.26
feet; run Nonh 12049'23" Wesl fora distanCe of 176,73 feet; thence run NoM 86015'10" East for a distance
of 153.49 t to a point 011 a curve concave Soutbeasterly having a l'3Idius of 1395.11 feet and a chord bearing of
"East; thence: run Nonhcaster1y along !be arc of said curve through CClItral angle ofOS053'47" for
.62 feet; tbeuce run North 21049'28" East for a dislaIlc:e of 346.24 feet to a point on a curve
westerly having a radius of 1572.82 feet IUld a chord bearing of North 11026'15" East; thence run
!be arc of said CUIVe through a centnl angle of 21037' 10" for a dislance of 593 .47 fed; thence
East for a distllncc of 346.49 fecI to a point of curvature of a curve concave Southeasterly
~m:~9 feet; thcnce run Nonhcasterly along the arc of said curve through a central angle of
W~.... of 405.36 feet to the Point of Beginning.
TOGETHER W~~ 0
TraclS A and B ~RIAR LANE EXTENSION, as recorded in Plat Book 41, page 24 of the Public
Records of Semino~, Florida.
LESS AND EXCEPT: ~
Lots I through 19. ARRO . T TUSCAWILLA - UNIT I, according 10 Plat thereof. recorded in Plat Book:
SO, Pil!!cs 42-50. of the Pub~ R of Seminole County, Florida.
LESS AND EXCEPT: ~
Commeucc at the Northeast comer ~ SPRINGS UNIT 3. as recorded in Plal Book 17. pages 89 and 90,
Public Rocords of Seminole County. ': run thence North 00"15 '09" West along a projection of the East line
of said WINTER SPRINGS UNIT 3. istaocc of 658.13 fect 10 a pQint on the wu:rly Right-of-Way line of a
110' Florida Power and Light Ea3c:menl, ~ed in Official Records Book IB3. page 130. Public Records of
Seminole Cowity, Florida; tun thence No~~'52" Wcst along said Easlerly Right-of-Way line 3274.35 feet:
run thcoa: North 54005'31" West along l!ie 'd Easterly Right-of-Way line of Florida Power and Light
Easement 480.37 reel to the Southern lDOs( described in Official Records Book: 1893. page 332 of
said Public: Recon1s and the Point of Beginning, inUl: North S4005' 37" West along said Easterly easement
Right-of-Way line and the Wcs~rly line of said r<ls Book: 1893, page 332 for a distance of281.98 fecI
10 the Easterly Right-of-Way line of Winter Sp . eYiid; thence run South 2r2B'26" West along s<lid
Easlerly Righl-of- Way line 10 a point on a DOQ-~gen nCiI"c Northwesterly having a radius of 1205.92 feel
and a ehord bearing of South 29"19'23" West; then esterly along the arc of said curve and said
Easterly Right-of.Way line through a central angle of'S" a distance of 84. 17 feel to a poiD! on a non,
tangent curve concave Easterly baving a ramus of ZS.OO a cllord bearing of South 1403Y54" East, said
point being on the Nonhedy'Right-of.Way line of Augusta ~ulevard (~O' RfW); thence run the following
5 courses and disrances along said Northerly Right-of.Way'; therly along the arc of said curve through a
central angle of 92'01'27. fora distance of 40.15 fcello tbe ~cy; theoce run South 600)6'37" East
for a distance of 1~.31 feet 10 the point of CUIVlt\Jrc ora curve onheaslerly baving a radius of 173.97
feet; thence mn Southeasterly along the lU'C of said curve throu central angle of 32030'11" for a distance of
98.69 feet to the pQint of tangem;y; theuo: run North 86053'12" East f< istlU1l:C of 40.9.5 feet to the poiOl of
curvature of a curve concave Southwesterly baving a radius of 15l.22 t: e run Southeasterly along the arc
of said curve througll a central angle of 3so19'S9" for a dislallce of 10 0 a poil1l of non-tangency; thence
dcp~~g said Northerly Riglu-of-Way line, run North 66037'28" East fo ~qnce of 32.64 rectlo tbe Point of
...-. ;t~
~ r:~
I
L
-~._--
~ICIAl RE~~f
3844
0889
LESS:
SEMINOLE CO..Fl
lbat pan of Lots 5.61 aod 8. THE EAST PART OF PHIUP R. VONGE GRANT, SOUTH PART, as recorded
in Plar. I, page 38 of the Public Records of Semiuoh: County, Florida, lying in Section 7 . Township 21 South,
Range 31 t. Scmioole County, Florida being more paniculMly described as:
most Westerly comer of Tract "C". ARROWHEAD AT TUSCA WILLA - UNIT 2, recorded in
es 52, ~3 aDd 54 of the Public R<<ords of Seminole County, Florida; thence S 89058'36' E.
~rth line of said Tract 'C' to !be NoI1heast comer of said Tract 'C', said North line of Tract
. 'sOuth Right of Way line of Winter Springs Boulevard rccotded in Official Records Book 1057,
1644, of the Public Records of Seminole COWJty, Florida; thcuce leaving said ARROWHEAD
NIT 2 ruD S 89"58'36' E, 986.19 feet along said South Right of Way line ofWintcr Spring
Boulevard fi inl of "; thence continue S 89"58'36" E, 299.33 feel along said South Righl-of-Way
line to the Point of C of a curve concave Southerly having a radius of 2,292.44 feel, thence ruo Easterly
656.03 feet alan f said curve through a Cemr.d Angle of 16"23'47" to the most Northerly comer of Lot
]8, CHELSEA P SCA WILLA PHASE n, recorded in Plat Book: 46, pages 64 and 65 of the Public
Records of Seminol , Florida; leaving the Southerly Right of Way line of said Winter Springs Boulevard
run along the WesterlY~Of said CHELSEA PARC AT TUSCAWILLA PHASE 11 through the following
counes and diSUDCC$. S . W, 14.78 feel; thence S 17037'28" E, 70.78 feet; theacc 536"07'55" W, 67.49
feel; thence N 76"26'55 , .69 feet; tbencc S 51059'49' W, 77.50 feet; !bence S 22~'15" W. 148.00 feel
to the most Westcriy co ~f said CHELSEA PARe AT TUSCA WILLA PHASE II, said most Westerly
comer of Lot 44 also being rtberly comer of Lot 13, CHELSEA P ARC AT TUSCA WILLA PHASE
I recorded in Plat Book 45. 83 of the Public Records of Seminole COUDty, Florida, thence run S
22025'15" W, 128.24 feet aI the Westerly lines of Lots 11, 12 iIIld 13 of said CHELSEA PARe AT
TUSCA WILLA PHASE I to the~ mosw' y comer af sai4 Lot 11: thence S 01002'05" E, 20,29 feet along the
Westerly line of said Lot II 10 estcrly comer of Lot 60 of FOX GLEN AT CHELSEA PARC,
TUSCAWILLA recorded in Plal boo , es 78, 79, SO, 81 aDd 82 ofthc Public Records of Seminole County,
Florida; theoce SO 1002'05' E, 94.59 eet alOll !be Westerly line of said Lot 60 and !be Westerly line afTract 'A'
of said FOX GLEN AT CHELSEA PARC WILLA to the Point of Curvature of 11 curve concave Easterly
having a radius of 55.84 feet; thence Sou 62.53 feel aloog the arc of said curve through a centtaL aIlgle
of64009'4O'; thence leaving said curve and . g said FOX GLEN AT CHELSEA PARCo TUSCAWlLLA
run N 87'21'25' W, ~59.92 feet; thence N :\, E, 185.64 feet; thence N 60000'54" E. 63.59 feet; thence
N 18018'37" W, 82.90 feet: thence N 55'39'4 .73 feet; thence N 00"26'08" E, 132.88 feet; thence N
89026'54' W, 156.06 feet; thence N 00.24'59 f, ~ feet to the South Righi of Way of Winter Springs
Boulevard and the said Point of BegiMing., ~> 0
LESS,. V;
, ~~~
That part of SQ:{iOQ 7. Township 21 South. Range 31 . Ie County. Florida being more particularly
descn'bed a!I beginniog at the' most westerly comer of lot 1 RlAR SUBDIVISION PHASE 2. recorded
in Pial BooIc 40, pages 42, 43 aD4 44 of me Public Reco - Ie County, Florida; thence along the
Northerly line of said GREENBRIAR SUBDIVISION PHASE ~ the followin& courses and distances:
N 55048'42" E. 39.2& feet; thence N 13'57'00' E, 100.44 f< S 65042'28" E. 53.92 feet; thence N
16008'27" E, 61.62 feet; thcncc N 29"04'00' W. 34.04 f~; N 84028'41' E, 93.38 feet; lhence N
40040'42" E, 61.28 feet; tbcntc: N IO"10'O~" E, 28.79 fCC(. tbcntc: I~OnllerlY line of GREENBRIAR
SUBDIVISION PHASE 2 tUn N 31.45'52" W. 215.15 feel; th S"I.t'07" W, 350.00 feet 10 the
Northeasterly line of the 110.00 foot wide Florida Power aD4 Light Easement, recorded in Official
Records Boot 28n, Page 1538 aCthe Public Records of Seminole County '; thence S 31"45'52" E, 316.13
feet along said NOrtbuslcrly line to the Puinl of Beginning. ~~
Y0
~
i
!
J
--.J
PARENT PARCEL
(AS PER CITRUS COUNTY PROPERTY APPRAISERS TAX ROLL)
CASA DE SOL PB 12 PG 24 LOTS 1,2,3,4,5,6 & 7 ((SUB] TO PCl 715 TEMP
CONSTR EASE OVER S 10 FT 7 DESCR IN OR BK 1655 PG 224)
VERTEX DEVELOPMENT LEASE PARCEL
(PREPARED BY THIS OFFICE)
THAT PART OF CASA DE SOL SUBDIVISION AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 12, PAGE 24 OF THE PUBLIC RECORDS OF CITRUS
COUNTY, FLORIDA lYING IN SECTION 19 TOWNSHIP 18 SOUTH, RANGE 19
EAST SAID CITRUS COUNTY BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF LOT 1 CASA DE SOL SUBDIVISION
AS PER PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 24 OF THE
PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA; THENCE SOUTH 00024'45"
EAST ALONG THE WEST LINE OF SAID LOT 1 FOR 90.00 FEET TO AN
INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 90.00
FEET SOUTHERL Y OF THE NORTH LINE OF SAID LOT 1; THENCE SOUTH
89043'12" EAST ALONG SAID PARALLEL LINE FOR 90.00 FEET TO AN
INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 90.00
FEET EASTERLY OF SAID WEST LINE; THENCE NORTH 00024'45" WEST
ALONG SAID PARALLEL LINE FOR 90.00 FEET TO AN INTERSECTION WITH
SAID NORTH LINE; THENCE NORTH 89043'12" WEST ALONG SAID NORTH
LINE FOR 90.00 F:EET TO SAID POINT OF BEGINNING.
CONTAINING 8,100 SQUARE FEET, MORE OR LESS.
20' WIDE INGRESS, EGRESS, EASEMENT
(PREPARED BY THIS OFFICE)
THA T PART OF CASA DE SOL SUBDIVISION AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 12, PAGE 24 OF THE PUBLIC RECORDS OF CITRUS
COUNTY, FLORIDA LYING IN SECTION 19 TOWNSHIP 18 SOUTH, RANGE 19
EAST SAID CITRUS COUNTY, LYING WITHIN 10 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 1 CASA DE SOL
SUBDIVISION AS PER PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 24
OF THE PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA; THENCE SOUTH
89043'12" EAST ALONG THE NORTH LINE OF SAID LOT 1 FOR 90.00 FEET TO
AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET
90.00 FEET EASTERLY OF SAID WEST LINE; THENCE SOUTH 00024'45" EAST
ALONG SAID PARALLEL LINE FOR 10.00 FEET AND THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, THE SIDELINES OF
SAID EASEMENT TO BE PROLONGED OR SHORTENED TO BEGIN AT AN
INTERSECTION WITH SAID LINE THAT IS PARALLEL WITH AND OFFSET
90.00 FEET EASTERLY OF SAID WEST LINE; THENCE SOUTH 89043'12" EAST
ALONG A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET SOUTHERLY
OF SAID NORTH LINE FOR 85.85 FEET TO AN INTERSECTION WITH A LINE
THAT IS PARALLEL WITH AND OFFSET 10 FEET WESTERLY OF THE EAST
LINE OF SAID LOT 1; THENCE SOUTH 00025'25" EAST ALONG SAID
PARALLEL LINE FOR 246. I I FEET TO AN INTERSECTION WITH THE NORTH
RIGHT OF WAY LINE OF COUNTY ROAD NUMBER 486, ALSO KNOWN AS
WEST NOR VELL BRYANT HIGHWAY (A PUBLIC RIGHT OF WAY), AND THE
POINT OF TERMINUS or THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 6,639 SQUARE FEET, MORE OR LESS.
20' WIDE UTILITY EASEMENT
(PREPARED BY THIS OrFICE)
THA T P ART OF CASA DE SOL SUBDIVISION AS PER PLAT THEREOF
RECORDED IN PLAT BOOK 12, PAGE 24 OF THE PUBLIC RECORDS OF CITRUS
COUNTY, FLORIDA LYING IN SECTION 19 TOWNSHIP 18 SOUTH, RANGE 19
EAST SAID CITRUS COUNTY, LYING WITHIN 10 FEET OF BOTH SIDES OF A
CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF LOT 1 CASA DE SOL
SUBDIVISION AS PER PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 24
OF THE PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA; THENCE SOUTH
00024'45" EAST ALONG THE WEST LINE OF SAID LOT 1 FOR 90.00 FEET TO AN
INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 90.00
FEET SOUTHERL Y OF THE NORTH LINE OF SAID LOT 1; THENCE SOUTH
89043'12" EAST ALONG SAID PARALLEL LINE FOR 10.00 FEET TO AN
INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10.00
FEET EASTERLY OF SAID WEST LINE, AND THE POINT OF BEGINNING OF
THE HEREIN DESCRIBED CENTERLINE, THE SIDELINES OF SAID EASEMENT
TO BE PROLONGED OR SHORTENED TO BEGIN AT AN INTERSECTION WITH
SAID LINE THAT IS PARALLEL WITH AND OFFSET 90.00 FEET SOUTHERLY
OF SAID NORTH LINE; THENCE SOUTH 00024'45" EAST ALONG SAID
PARALLEL LINE FOR 166.21 FEET TO AN INTERSECTION WITH THE NORTH
RIGHT OF WAY LINE OF COUNTY ROAD NUMBER 486, ALSO KNOWN AS
WEST NORVELL BRYANT HIGHWAY (A PUBLIC RIGHT OF WAY), AND THE
POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 3,324 SQUARE FEET, MORE OR LESS.
PAUL J. FORD AND COMPANY
STRUCTURAL ENGINEERS
250 East Broad Street . Suite 1500 . Columbus, Ohio 43215
April 19, 2007
Vertex Development, LLC
405 South Dale Mabry Hwy., #224
Tampa, FL 33609-2820
Attn: Alan Ruiz
Re: Proposed 150-ft Slim-Line Pole
Located in Seminole Co., FL: Site #FL5032 - Tuscawilla
PJF Project #44407-545 / T APP #07-0953
Dear Mr. Ruiz:
We understand that there may be some concern on the part of local building officials
regarding the potential for failure of communication poles. Communication structures are.
designed in accordance with the Telecommunications Industry Association ANSI/TIA-222-G
2006, "Structural Standard Antenna Supporting Structures and Antennas." The TIA standard
was developed by professional engineers experienced in the design of communication
structures. Much of these specific design criteria are often not available in local building
codes.
The monopole will be designed with seven carriers and designed to withstand a basic wind
velocity of 120 mph. This meets the TIA minimum recommended wind velocity for Seminole
County. The design also complies with the 2004 Florida Building Code with 2006
Supplements. The TIA-222-G basic wind velocity is a peak, 3-second gusted wind velocity.
The monopole for this site will be designed as a "bend-over" pole. This means that the bottom
of the pole will be intentionally over-designed in an attempt to limit the fall radius of the pole.
This pole will be designed with the top 70-ft meeting the design wind criteria, but the bottom
80-ft will be strong enough to resist considerably more than the design wind. In the unlikely
event that this pole should collapse the resulting fall radius would be limited to 70-ft. Once
the upper portion is no longer upright catching the full force of the wind, the stresses in the
lower portion of the pole are reduced, making a further collapse of the pole unlikely.
COLUMBUS, OHIO
(614) 221-6679
Fax (614) 448-4105
ATLANTA, GEORGIA
(404) 266-2407
Fax (404) 869-4608
An Employee-Owned Company
.
.
ORLANDO, FLORIDA
(407) 898-9039
Fax (407) 897-3662
April 19, 2007
Page 2 of 2
Vertex Development, LLC
Attn: Alan Ruiz
Re: Proposed 150-ft Slim-Line Pole
Located in Seminole Co., FL: Site #FL5032 - Tuscawilla
PJF Project #44407-545 / T APP #07-0953
The pole will be designed by a qualified professional engineer for a wind velocity that meets
the requirements for the area in which it is located. The pole will be properly designed with
all of the applicable safety factors as required by the code. Communication poles are safe
structures with a long history of reliable operation.
We hope this review of the monopole design has given you a greater degree of comfort
regarding the design capacity inherent in pole structures. Please feel free to call with any
comments you may have. We can be reached at (614) 221-6679 and will be glad to discuss
this matter.
If you have any questions, please do not hesitate to call.
Sincerely,
PAUL J. FORD AND COMPANY
~~--e:
Michael F. Plahovinsak. P.E.
Project Manager
e-mail: mplahovinsak@pjfweb.com
Hhti~h67
FL #0000057077
P]F #E8-0002848
file: G:\COMMON\WORD\Mike_P\44407-545.doc
Richter Engineering, Inc.
Ccrtjficate if Authorization 09356
2007 West Reynolds St. . Plant City, FL 33563 . Tel 813.500.0362 . Fax 813.752.0512
April 20, 2007
Attention: Randy Stevenson
City of Winter Springs Community Development Department
1126 East State Road 434
Winter Springs, Florida 32708-2799
RE: Parcel# 31-20-31-5BB-0000-004A
Tuscawilla Country Club Telecommunications Tower
Vertex Development
Dear Mr. Stevenson:
I attest that the construction of the telecommunication tower at Tuscawilla Country Club
located at 1500 Winter Springs Boulevard in Winter Springs Florida, including receiving
and transmitting functions, shall not interfere with public safety communications and the
IJsual trailsmission of television, radio, etc., service enjoyed by adjacent residential and
~reSidential properties.
Mark V. Richter, P.E.
Private Consultant
J Florida License # 56196
.
01."00.'00 12: OOA F'. 001
UNITED STATES OF AMERICA
FEDERAL COMMUNICATIONS COMMISSION
ANTENNA STRUCTURE REGISTRATION
Owner: Vec:::e;.: :JeveJcpemenc, LLC
Antenna Structure
Registration !'lumber.
Alan RUlZ 1253422
Vertez Developement, LLC
405 S. Dale Habry Hwy, #224
Tampa, FL 33609
Issue Dote
85-15-2007
Location of f~, ,..-., 7erinc: S;!uctu{e: Ground Elevation :AMSL.:
apEnox. 108':,.6' froE! lnts:::c of Whl::e Spnnqs ~n tx 12.9 meters
Glenn Abbey Cl.l:' at lA3.27deg
Wlflter Sp~"i.ng3 , t.'L Overall Helght:':.bove Ground (AGL)
48.7 meters
Longliu::::e Ove:::::11 HeighT "'.bo',e f'ilean Sea
[.at tu ,je Le'iel i.'\ r';lSL'
28-40-23.7N 81-15-18.9W fJAD83 61.6 meters
POinting and LIgntJng Requlrer:lents:
NONE
Speclol Conditions
,
FCC RegJstlcltlo'l
Numl)el ,:FRfJ: 0012869657
This reglstratl':Jr1 IS '2ffectl.;e upon completion of tl,e described antenna Stl Jcrure arc notlllcatlon to the
CommiSSion YOU MUST NOTIFY THE COMMISSION WITHIN 24 HOURS OF COMPLETION OF CONSTRUCTION OR
DISMANTLEMENT OF YOUR ANTENNA STRUCTURE, please file FCC Form 854. To tl'e elec:ronlcollv connect 10 the
.[;ntenna Structure ,?egistralion S'/stem bV pointing 'lour 'Neb browser to I,ttp://wirele;s.k:c go\.iontenna. E:ectronlc
filing is recommended 'You rn:)',' also Lie manually bV submitting a poper cop,/ of FCC F.orm 354. Use purpose
c:ocJe "r'H" tor notification of com;oletion of construction. use purpose code "DI fOI c1.Yflccltion ot QI'termo structure
dismantlemer;t
The ':ntenno Structure Registrotion IS not on authorization to construct radiO tacillties or transmit radio slgnols. It IS
necessarv 'rat 011 radiO equpment on trs structure be covered bV a \'alid FCC Ilce"se or construction permit.
You must immediately provide a copy of this Registration to all tenant licensees and permittees sited on the
structure described on this Registration (although not required, you may want to use Certified Mail to obtain proof
ot receipt), and display your Registration Number at the site. See reverse for Important information about the
Commission's Antenna Structure Registration Rules.
13
FCC 854R
December 2006
G
51
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FAA TOWER CERTIFICATION
1),lk
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Monday, April 16, 2007 (2),jpg
Seminole County Property Appraiser Get Information by Parcel Number
:J,~\':D _::':::-:tJ~I::'~.L Ci-:.. ,\S/\
PROJ3ER"TV
APPRJ-\iSER
S:::::Mlt-.,:O~C COL:;TY-L
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GENERAL
Parcelld: 31-20-31-5BB-0000-004A
Owner: WINTER SPRINGS GOLF LLC
Own/Addr: C/O ROC GOLF GROUP
Mailing Address: 375 FORSGATE DR
City,State,ZipCode: MONROE TWP NJ 08831
1500 WINTER SPRINGS BLVD WINTER SPRINGS
Property Address: 32708
Facility Name: TUSCAWILLA GOLF AND COUNTRY CLUB
Tax District: W1-WINTER SPRINGS
Exemptions:
Dor: 38-GOLF COURSE
SALES
Deed Date Book Page Amount Vacllmp Qualified
SPECIAL
WARRANTY
DEED
CERTIFICATE OF
TITLE
WARRANTY
DEED
WARRANTY
DEED
OS/2000 03844 0882 $5,500,000 Improved
12/1997 03344 0865
$100 Improved
09/1987 01892 0091 $3,000,000 Vacant
01/197501069 0290 $400,000 Vacant
Find Sales wlth"l thiS DOR Code
LAND
land Assess
Method
land
Units
land
Value
Frontage Depth
Unit Price
Page I of 3
2006 WORKING VALUE SUMMARY
2005 VALUE SUMMARY
2005 Tax Bill Amount: $36,693
2005 Taxable Value: $1,996,347
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
Value Method:
Number of Buildings:
Depreciated Bldg Value:
Depreciated EXFT Value:
Land Value (Market):
Land Value Ag:
Just/Market Value:
Assessed Value (SOH):
Exempt Value:
Taxable Value:
Tax Estimator
No
No
No
No
LEGAL DESCRIPTION
Market
6
$1,003,748
$172,531
$805,134
$0
$1,981.413
$1,981,413
$0
$1,981.413
PLATS: Pick
LEG PT OF LOTS 4 TO 12 IN 7-21-31 LYING
WL Y OF GREENBRIAR LANE & SLY OF
WINTER SPRING BLVD & PT
OF LOT 1 TO 5 IN 18-21-31 LYING WL Y OF
GREENBRIAR LANE & EL Y OF
WOODSTREAM & WOODSTREAM
REPLAT & NL Y OF NORTHERN WAY BEING
PT OF GOLF COURSE DESC IN ORB 1892
PG 91 (LESS BEG NW COR
TUSCAWILLA UNIT 7 RUN N 87 DEG 52 MIN
10 SEC E 285.32 FT NEL Y ON CURVE 3927
FT N 2 DEG 7 MIN 50 SEC
W 75.64 FT NL Y ON CURVE 3941 FT W
72844 FT S 2 DEG 7 MIN 50 SEC E 158.56
FT N 87 DEG 52 MIN 10 SEC E
419.53 FT TO BEG & BEG MOST NLY COR
LOT 38 OF CHELSEA PARK AT TUSKAWILLA
PH II RUN S 29 DEG 47
MIN 02 SEC W 14.78 FT S 17 DEG 37 MIN 28
SEe E 70.78 FT S 36 DEG 07 MIN 55 SEC W
6749 FT N 76 DEG 26
http://www.scpatl.org/plsweb/re_web.seminole _ county_title?P ARCEL=3 1203 15BBOOOO... 1/10/2006
Seminole County Property Appraiser Get Information by Parcel Number
ACREAGE
ACREAGE
LOT
LOT
Page 2 of 3
o
o
o
o
$57,866
$9,438
$699,999
$37,831
MIN 55 SEC W 7269 FT S 51 DEG 59 MIN 49
SEC W 775 FT S 22 DEG 25 MIN 15 SEC W
27624 FT S 114.88 FT
SEL Y ALG CURVE 62.53 FT N 87 DEG 21
MIN 25 SEC W 559.92 FT N 2 DEG 38 MIN 35
SEC E 18564 FT N 60 DEG 54
SEC E 6359 FT N 18 DEG 18 MIN 37 SEC W
829 FT N 55 DEG 39 MIN 46 SEC W 51.73 FT
N 132.88 FT W 15606
FT N 19369 FT TO SLY R/W WINTER
SPRINGS BLVD EL Y & SEL Y ALG SLY R/W
95536 FT TO BEG & BEG MOST WL Y COR
OF LOT 173 GREENBRIAR SUBD PH 2 RUN
N 55 DEG 48 MIN 42 SEC E 3928 FT N 13
DEG 57 MIN E 100.44 FT S 65 DEG
42 MIN 28 SEC E 53.92 FT N 16 DEG 08 MIN
27 SEC E 61.62 FT N 29 DEG 04 MIN W 3404
FT N 84 DEG 28 MIN
41 SEC E 93.38 FT N 40 DEG 40 MIN 42 SEC
E 61.28 FT N 10 DEG 10 MIN 05 SEC E 28.79
FT N 31 DEG 45 MIN
52 SEC W 21515 FT S 58 DEG 14 MIN 07
SEC W 350 FT S 31 DEG 45 MIN 52 SEC E
316.13 FT TO BEG)
o
o
o
o
82665 1,00000
134.830 100.00
1000 999,99900
1000 54,04400
BId
Num
Bid Class
MASONRY
PILAS
WOOD
2 BEAM/COL
Subsection / Sqft
Subsection / Sqft
3 MASONRY 1975
PILAS
Subsection / Sqft
4 MASONRY 1975
PILAS
Subsection / Sqft
5 MASONRY 1975
PILAS
Subsection / Sqft
Subsection I Sqft
Subsection I Sqft
6 MASONRY 1976
PILAS
Subsection I Sqft
Subsection / Sqft
BUILDING INFORMATION
Y~ar
Bit
Gross .
SF Stones
ExtWall
Bid
Value
Est. Cost
New
Fixtures
1973
CONCRETE BLOCK-STUCCO -
MASONRY
WOOD SIDING WITH WOOD OR
METAL STUDS
OPEN PORCH FINISHED /6142
CARPORT FINISHED / 540
WOOD SIDING WITH WOOD OR
METAL STUDS
OPEN PORCH FINISHED / 276
WOOD SIDING WITH WOOD OR
METAL STUDS
OPEN PORCH FINISHED /276
CONCRETE BLOCK-STUCCO -
MASONRY
BASE SEMI FINISHED / 736
OPEN PORCH FINISHED / 83
BASE SEMI FINISHED /1292
CONCRETE BLOCK-STUCCO -
MASONRY
OPEN PORCH FINISHED /1707
OPEN PORCH FINISHED / 64
$363,998
$109,717
$239,295
4
7,040
$617,205
$1,081,867
1989
22
20,354
$14,964
$31,669
5
400
$14,964
$31,669
5
400
$49,429
$104,612
7
665
$197,469
14
4,514
EXTRA FEATURE
Description Year Bit Units EXFT Value Est. Cost New
OVERRIDE 1979 127,080 $29,533 $29,533
OVERRIDE 1979 806 $2,257 $2,257
OVERRIDE 1979 2,000 $1,400 $1,400
OVERRIDE 1998 5,297 $88,248 $88,248
OVERRIDE 1998 6,631 $7,891 $7,891
OVERRIDE 1979 517 $290 $290
OVERRIDE 1981 57,600 $24,192 $24,192
OVERRIDE 1981 16 $1,882 $1,882
http://wwwscpatlorg/pls/web/rc web.scminole _county _title?P ARCEL=3120315BBOOOO... 1 II 0/2006
Seminole County Property Appraiser Get Information by Parcel Number
Page 3 of 3
OVERRIDE 1981 1,662 $4,654 $4,654
OVERRIDE 1981 120 $118 $118
OVERRIDE 1989 14,186 $5,081 $5,081
OVERRIDE 1989 6 $647 $647
OVERRIDE 1989 1 $3,500 $3,500
OVERRIDE 1998 520 $928 $928
OVERRIDE 1979 1,574 $881 $881
OVERRIDE 1979 7 $1,029 $1,029
NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad
valorem tax purposes.
... If au recentl urchased a homesteaded ro ert our next ear's ro ert tax will be based on Just/Market value.
http://www.scpatl.org/pls/web/re_web.seminole_county_title?PARCEL=3120315BBOOOO...1/10/2006
Vertex Development, LLC
ANTENNA SITE APPLICATION (ASA) &
REQUEST FOR OCCUPANCY FORM
In order to determine occupancy suitability and enter into a Tenant Lease, please furnish
the information in the blue fields by typing over the descriptions. Then return the completed ASA with
a $1,500 Application Fee. Once the ASA is finalized, fonnallease documentation shall commence.
Direct all correspondence to:
Vertex:: Development, LLC att.: Alan Ruiz e-mail:alanruiz@earthlink.net Date ASA transmitted to Carrier: I April 19, 2006 I
405 South Dale Mabry Highway, # 244 cell: 813.335.4768
Date ASA returned from Carrier:
Tampa, FL 33609-2820 fax: 813.436.5674
Lessee: Royal Street Communications, LLC (Metro PCS)
Lessee Contacts: Leasing Contact RF Contact Construction Contact
Name: Darin Miller Name' Arthur Hall Name: Hal Hodges
Phone #: 813-830-5559 Phone #: 813-830-5573 Phone #: 813-530-5558
Fax#: 813-830-5501 Fax#: Fax#:
e-mail: dmiller@.metroPcs.com e-mail: ahall@.metropes.com e-mail: hodQes@.metropes.com
Subject Tower:
Vertex Site Number: FL 5032 Tenant Site Number: ORD210-D Tower Utilization: I I
Vertex Site Name: Tuscawilla Tenant Site Name: Vertex FL5032
Type:
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II V""~I IIIUO"H .tll;;;d L.~Ult-'III'i:;t ....
.
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I Type of antenna
I Antenna manufacturer
I Antenna model #
I Type of mount
"Lines of coax
I
I
tddltional tower mounted LUiPment (TMA, GPS, etc.):
I . .. . . .. .
I 1 st aadlllonal .tem I I Rad center: I
I
! 2nd additional Item: I
:
iGround r~~ounted Equipment:
! Reaui,ed amund sn8ce:1 14' x 16'
! ' ~ , I
l;dd'tiO'::: :~~1~::~~:';~~~:18qU,pment (pPC, geneTf' f::~;;~':~r)
I 2nd additional ;temT I LocationL
i ' _
i
!Powert'Teico Requirements:
i .
Rad center
Total # of antennas
UCoax size
Level VI it:;
105'
6
TBO
TBD
12
7/8"
I
I
Kao """,er.1
Total # or antennas: I
, _. ._. 'T"'--___
Level Ililt!;:;
Rad (':€>itel
T otai # of amennas:
Type of antenna:
Type of antenna
Antenna manufacturer:
Antenna manufacturer:
Antenna model #:
Antenna model #.
Type of mount
Type of mount:
HLines of coax:
HLines of coax'
"Coax size:
"""Coax size:
**AII coax shall be blocked or bundled
J
I
I
I
I
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I
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!
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Size: I
S,ze: I
Comment I
Comment: i
Rad center: I
ShS!!Bi or Psd cqu:pm8nt-l
"~~m~~.'1
,,>...~"" 'c. n
Pad
I
I
Size: I
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Comment: I
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!RF Emissions:
! Vc!tage: 240 ! I ERP (watts) Frequency (MHz)
I
i Service 200 I i ........~.
i r""I-'CIO~C i Cc;YGI One 483 1980-1985
i ,::::: ,~_._2____~1 I Leije~ Two:
i I
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Baskhau! Level Three
i i ,
01/00/00 12:00A P.OOl
01/00/00 12:00A P,001
SITE LEASE WITH OPTION
THIS SITE LEASE \\lJTH OPTION (this "ti"~S~") i" by and b~twcen Wi~tcr Springs Golt~ LLC. A Florida Limited Liability
Company ("Landlord") aiH! Venex Development LLC. ~:\ Od8ware Limitt:d LiabiEly Company ("Tenant"l-
I P[)lion to Lc:lse.
13) In consideration of the p"Y1ll~nt or live IlLlnJwJ and no.'100 dollap,; 1$500.00.1 (the "Optiun Fcc") by Tenam to Landlord. Landlord
hereby grJ"I$ to Tenant an option to I~asc a portio," of tr." real property desc.-ibd il1 the anachcd ExhibjJ A (the "Property"), on \h~ t~rms ami
conditions sel forth herei" (the "Optioa"), The Option shall be for an inirial teml of twelve (12) month" COlTIr]1cncing on the EITectivt Date (Cl'i
ddined below) (rhe "Ortion Period"). 111c Option Period mny be extended by TCJ1un; tor nn addilional twelvc [IZ) monihs Upolll,vrit1cn nolice
to Liindlord and rJym~nt of tile SUI~l ofrivc hundred Jnd no/]OO dollar:; (iSOn.OO) ("Additional Option Fee") tit ~ny time prior 10 rhc end ofth"
Option Period.
(b) During the Op;ion I'erio,j 8nd any extt'n,ion thereof. and during the lmtiJI Term ~l,d any Rcne'.V~1 Teem I.Il:; th05e terrm; are dc1ln<:d
below) of Illis Lease, Landlord asre<:, to Cooper~(c witl, Tenant in nhiilining, at Ten,lnt's expCllse, ail licenses and permit> or authoriLattons
requfrcd l,lr Tenallt's use of the Prtmiscs [as deflr,ed helow) from all arpljc~ble go',emmcnt and/or regulatory entities (including. without
imitation, ZGning and lrlnd USe ~uthorjtie" and th~ Federal Commurdcation C0:11ml$,ion (nr:cC") ("Governlllcntnl Approvals"), incluJi.1g all
land u,e "ad zoning ?'-'nni! applications. and Landlord agrees co cooperale wilh and to allow Tenant, at no cO.,t to L~ndlerd, to obtain a litle
repon, zoning appro,'"ls Jnd yariJnec;;. land-use permil'. l"ndlord exprc>sly grunts to Tcr.ant a right of access to the Pt'oPCrTy to perlorm err}'
surveys. SOlI lcsts. <lnd other cngint::ering proccdure~; or environn)~0tal illVl;:stigatiorlS ("Tes1S") on the PTOpcI1y dccn1cd neces:Sill}' or appropriate
by Tenant to <",,'uate the suitabiEty of the Pmpcr;y tor Ihe uses ~untcmplated under tillS LCilse. Tenant agrees to inckmnify and hold Land10rd
harmk"s a:;ainsl ~lty loss or injul} occurring or caused by Tcnallt'snght ofJcccs, to !h~ property. DuriJlg the Option Period and any ext~nsion
thereof, ~l1d during the lni:ial Term c'r ,my Rene'.vJI Term of this Le2se, L3ndlord agrees that it will not interfere with TC"anr', dfofts 10 secure
other licenses and permits or authL\rization, thai relate to Olhi:t prOperty During ,he Option Pcrioclund any extension thereof. T~na'" [-.ony
exe[cisc the Option by so noufying L2ndlmd in ,.",iring,;H L3ndlord', address in accorDance with Section 12 l1'orcof.
(el ]f Tenant exercIses the Option, th~n L.~ndlord hereby leases ro Ten,Hlt rhat portion L\f the 1'1opel1}' suflicielll for placement or the
Antcnna Faeilitic"S I as defilled below), together with all neeesgary spac,:, and eaSement, for '";cess [nd utilities, ns g~nerally desCnbed and
depicted in th~ aILle],('d E.t;JJibit 8 (colketivc!)' rderred to hereinafter a, Ihe "Premises"). Tile PrelllJses. Im:atcd at 15fJO Willler Springs Blvd.,
'.vinter Springs,Scm,n.)!e COUnty, 1'L 3270~,
2. Tenn, The term of this Leasc shllll be ri1irty (30) years conlllv:ncing 011 the d:lte of excrci;c or t!lC Option (the "Contl11trI~rtllent
Date"). "rId tl:nninating 8; midnight Oil rite 'asl day nrrhe Tenn.
J. 1\:rmilt.ttLL ~e. The Prcmi$..;s Inay be used by Ten<lHI fur th~ IrJosmission zmd receptic'n of radio communication signal:; and [or the
construetiol1, insralblion, operation. l11ai"tenanee. repair, rel11ov~1 (1r repbeemem of relntcd faciliiJcs, includin;;. without limitJtiol1'-fO'T}nf) 1.___
b~,,,. ant'0111105. I11[Cro",,,...< dIShes. cqutpl11em shdlers ,mJ/uc ,,"llll[dS and relaleu ""lIynles, 5( e. /.} PtJEiV j:1/iYl L tJtt [ ~
". ,~,m. In considerarion of the Propeny, Vencx shall pay 10 OWrIu. by ,'inll~ of a on~-lil11c payment an "mOUnl eCluJI to ~
~ fa (tbe "Fee") along witl\ other good :!l1li valuable cnnsidermicms. The Fce shall be paid to
Owner Within t"'e:lty (20) dilYS of the Cnmmcnccmelll Date. Thcrc;tikr, no additional FCe shall b~ due to OWnct rOr the re'Cl..ir,dcr of the Tenn.
The Ice ",ill be non-rd'llndabk:, exccpt in Ll:;OS oflandtord\ lille"red default.
s. 111l~rt!;.r:.cnc"", Ten'iIll shall no, u,,, tile Premises III any WilY whieh lOicrfereo with tile u,e oflhe Property by LilJ1dlorcl. or lessees or
licensecs of Landlord with rights in 1he Property prior in tlme iL' Tenanr's i,subjecl LO T cnant's righls under Ihis LC:l5e. including, without
limir:ition. nOll-irJi2rferencc'!. Similarly, Landlord shall r:ot use. ;iOr sh:J1l La!1c1lord pc,mit its lessees. lict.::1s(;t;S, cl~ployccsl inVite\.';,; Qf agent;; to
llse, tiny p01110n of the ProPCl1y III any way which imerreres with the operation, of Tella'll. The use or radiu:;, GPS equipment, irrigction
controls, or any ,J111-.::r cu~tOTn3ry cqujpn1enl us(;d io th\.' Donnal ope-rations of ;.) :;olf course \\'i!l 1101 be Clll1sidcred inlerference by Tenant. Sitch
jnttrf~rencc sh::l1J be dee;neJ a f11atcrtiJl breach by the interfering pftrly~ who sball. upon wr(aen notice fronl ~he otber. be fcspon5ibie [or
,enninatin),: otHd inl~rkr"ncc. In lite c.'tlll allY such imnfercncc docs n(11 cease rromrrly. rhe partics ackn0\\'kdg~ that crlnti~'Jing interference
Jll;J)' callse ~rrcparabJc injr:I~\' 2nd. Ihcrefnre. the iojlred p:ll1y shall 11~W the right. in "dditiol1 to "ny other rights that it moy heve aT Jaw 'Jr in
cqujty~ to brjn~ a cOLIn ~ction In enjoin ,:;uch interference l), to tenniri;:nc this Le;lsc imm('J;~lldy upon \....rittcn notice.
O. ~..IDJ::f.!l1~nls: Utilili.g:..; ;\Ci~~'5.
Pi TCllam sllJlI hilve the right. "I its expcns~, to ereLt .1I1d maintain oa the Pn.:miscs illtptQ\'elllenls. pcrsonal properTy a~d facilities
tlCCCss3ry 10 (lj)crarc its cornl1lunic:ItJOns sy~lem. inz:ludtng: widlO:lC iim.itJrioll, r~Jio tr~His:nittiTig and receiving ;)nlc:nnasl n1icro\yl.lYC d:sh~s,
lower Jnd t1<lSe, equiDn1Cnt shel,"", and,:or cabinds and relared cablco and utility li,lcs and D l(lc~lj(1n b~"cd synel11. as such locnlion b8$d system
"''':' oe req'Ji;'cd b;' an;' (;l)unty. otatc or fd~rJi age:1cyidcpanm~;\t, and including, \\'ilhlJ~t lil1lilalion. 3ddJlion~1 amennB(SI. coaxial Cable. b:rse
unil.> and other assoLialcd ~qu:pll1em (colkct;\'cJy. rht "Antenna FJeiJiti"s"\ Tenant sh"1I ho'.-r the right to alte"" replace. e:<pdnd, enhance anu
upgrJde ti,e ,-\ntenf};] Facili,ies at ~ny lime durn\g th,' Icrnl ofrhls Lease, TCI1<1nl"hilll c;luoe 211 conslrucltOIl to occur lien-Iree and in col11piiance
with "!I Jpplrc~ble la\\'s drll] ordinances, La:',dlerrd acknowicdges rhell it shall noi,her interfere wilh a"y 2$pects of eOl1silllUinn nor attempl 10
Jireo COmlrcc[[()1I relsonnel :!s to the lo~aliol1 ill' or merhod Of:n;;tillIJtion of [he "\IlIC~i\;r F"eililics and Ihe; Ease;n1ents (as defined below). The
01/00/00 12:00A P.002
Antenna Facilities shall remain the exclusive property of Ten am and sh,lI] not be considered fixturcs. Tenant shall have the right to remove the
Antenna Facilities at any time during and upon the expiration or termination of this Lease. At the expiration or telmination of this Lease,
Tenant shall be required to remove all items installed on Landlord's propcrty. The foundation will be removed to six feet below grade and all
lands will b~ restored to their pre-construction condition.
(b) Tenant at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities. including, without
limitation, the construction of a fence to be approved by Landlord. Tenant will be required to install a white PVC fence, to be approved by
landlord, around the tower compound with a minimum of five feet of landscaping around the fence. Should any goveming municipality require
3 different type fence or landscape plan, both landlord and Tenant agree th8t Tenant will comply with the governing municipality.
(c) Tenant shall, at Tenam's expense, keep and maintain the Antenna Facilities now or hereafter located on the Propehy in
commercially reasonable condition and repair during the term of this Lease, normal wear and tear excepted. Upon termination or expiration of
this Lease. the Premises shall be returned to LandlQrd in good, usable condition, normal wear and tear excepted.
(d) Tenant shall have the right 10 install utilities, at Tenant's expense and with Landlord's approval, and to improve the prescnt utilities
on the Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable elforts in
as>isling Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for utilities used on thc Property
by Tenant. In the event separate meters are 110t installed, Tenant shall pay the periodic charges for all utilities attributable to Tenant's use, at the
rate charged by the servicing utility. Landlord shall diligently correct any variation, interruption or failure of utility service that is caused by
Landlord.
(e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant easements, under and aeross the Property
for ingress. egress. utilities and access (including access for the purposes described in Section 1) to the Premises adequate to install and maintain
utilities, including but not limited to, the installation of power and telephone service cable, and to service the Premises and the Antenna Facilities
at all times dt'ring the Initial Term of this Lease and any Renewal Term (collectively, the "Easements"). The Easements provided hereunder shall
have the same tcon as this Lease. Should Tenant cause any damage to Landlord's property, Tenant will be responsible for repairing any
damage. Tenant will begin repairs on any damages to Landlord's property caused by Tenant or any of its Agents within five business days of
damages occurring. Except for the initial construction period. if Tenant does not begin repairs within five business days. Landlord shall reserve
the right to repair damages caused by Tenant or any of its agents. Tenant shall reimburse Landlord One Hundred and Ten Pet'cent (110%) the
cost of the repairs. During construction of the tower. Tenant will make every efttJrt to schedule tower construction activities in a manner that
will not interfere with the normal operations of the Tuscawilla Golf Club.
(I) Tenant shall have 24-hours-a-day. 7-days-a-week access to the Premises at all times during the Initial Tenn of this Lease and any
Renewal T erlll, at no charge to T enanL
7 Termination, Except as otherwise provided herein, this Lease may be tenninated. without any penalty or further liability except for
Tenant's responsibilities under section 6(a). and all other pans of this agreement, regarding the restoration of the property. as follows:
(a) upon thirty (30) days' written notice by Landlord if Tenant fails to Cure a default for payment of amounts due under this Lease
within such thirty (30) day period;
(0) immediately upon written notice by T enam if Tenant notifies Landlord of any unacceptable results of any Tests prior to Tenant's
installation of the Antenna Facilities on the Premises, or if Tenant does not obtain, maintain, or othenvise forfeits or cancels any license
tllleluding, without limitation. an FCC license). permit or any Governmental Approval necessary to the installation and/or operation of the
Antenna Facilities or Tenant's business:
(c) upon thiny (30) days' wrilten notice by Tenant if Tenant determines that the Property, the Building or the Antenna Facilities 3rC
inappropriate or unnecessary for Tenant's operations for economic or technological reasons. in which case the Fee paid to Landlord by Tenant
will not bc refundable:
(d) immediately upon wrinen notice by Tenant if the Premises or the Antenna Facilities are destroyed or damaged so 3S in Tenant's
reasonable judgmcnt to subsrantially and adversely affect the effective use of the Antenna Facilities, in which case tbe Fee paid to Landlord by
Tenant will not be refundable. In such event all right:; and obligations of the parties shall cease as of the date oflhe damage or destruction; or
(el at the time title to tbe Propeny transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient
in Tenant's determination to render the Premises unsuitable for Tenant's use, in which case the Fee paid (0 Landlord by Tenant will not be
refundabl". Landlord and Tcnant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or pan of the
Propeny to ~ purch3ser with the power of eminent domain in the tace of the exercise of the powcr shall be treated as a taking by condemnation.
8. [)ef'~l'!t and Right to Cure. !(otwithstanding anything contained herein to the contrary ai1d without waiving any other rights granted
to it al law or in equity, each party shall have the right, but not the obligation, to terllJinate this Lease on written notice pursuant to Section 12
hercol~ to l~ke effect immediately, if the other party fails to perfoml any covenant or commits a matcrial breach of this Lease and fails to
diligently pursue a cure thereof to its completion after thirty (}O) days' written notice specifying such failure of perfom13nce or default.
01/00/00 12:00A P.003
9. Taxes. Landlord shall pay whcn due all real property taxes for the Properly. including the Premises. [n the event that Landlord
fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the obligation, to pay such owed
amounts and deduct them from Rem amounts due under this Lease. Notwithstanding the foregoing, Tenant shall pay any personal property tax.
real property tax or any other tax or fee whieh is directly attributable to the presence or installation of Tenant" Antenna Facilities, only for so
long as this Lease remains in effect. [f LandlQrd receivcs notice of any personal property or real property tax assessment against Landlord,
which may affect Tenant and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant
sufficient to allow Tenant to consent to or challenge such assessment, whether in a Court. administrative proceeding, or other venue, on behalf of
Landlord and!or Tcnant. Further, Landlord shall provide to Tenant any and all documentation associated with tbe assessment and shall execute
any and all documents reasonably necessary to effectuate the intent of this Section 10. In the event real property taxes are assessed against
Landlord or Tenant for the Premises or the Property, Tenant shall have the right, but not the obligation, to temlinate this Lease without further
liability after thirty (30) days' writlen notice to Landlord. provided Tenant pays any real property taxes assessed as provided herein,
lO. Insurance and Subro>;ati;;';l and Indemnification.
(a) Tenant will maintain Commercial Genct'al Liability lnsurancc in amounts of One Million and no/lOa Dollars ($1,000,000.00) per
occurrence and Two I'dillion and no/IOO Dollars (52,000,000.00) aggregate. Tenant may satisfy this requirement by obtaining the appropriate
endorsement to any master policy of liability insurance Tenant may maintain. Landlord will be named as an additional insured on the Tenants
insurance and will provide evidence of this on an annual basis,
(b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of
recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured
thereunder. In the event of snch insured loss, neither party's insurance company shall have a subrogated claim agaln$t the other.
(c) Subject to the property insurance waiver set forth in Section 11 (b) above, Landlord and Tenant each agree to indemnify and hold
hamlless the other patiy [j.om and against any and all cbims, damages, costs and expenses, including reasonable aHomey fees, to the extent
eaused by or arising out of the negligent acts or omissions or willful misconduet in the operations or activities on the Property by the
indemnifying party or the employees, agents, contractors, licensees, tenants and/or subtenants of the indemnifying party, or a breach of any
obligation of the indemnifying party under this Lease. The indemnifying pany's obligations under this section are contingent upon its receiving
prompt written notice of any event giving rise to an obligation 10 indemnifying tlte other party and the indemnified party's granting it rhe right to
control the defense and settlement of the same.
(e) Notwithstanding anything 10 the contrary in this Lease, the parties hercby confirm that the provisions of this Section 11 shall
survive the expiration or termination of this Lease.
(1) Tenant shall not be responsible to Landlord, 9r Jny lhird~pJrty, for any claims, costs or damages (including, fines and penalties)
attributable to any pre.existing violations or applicable codes, statutes or other regulations gOverning the Property.
1 j Notices. All notices, requests. demands and other communications shall be in writing and are effective three (3) days after
deposit in the U.S. mail, certified and postage paid. or upon reecipt ifpcrsonally delivered or sent by next-business~d8Y delivery via a nationally
recognized ovemight courier to the addresses sct forth below. Landlord or Tenant may from time to time designate any other address for this
purpose by providing written notice [0 the other party,
If to Tenant, to:
With 3 copv to:
Vertex Development LLC
405 S. Dak Mabry, Suite 244
Tampa, FL 33609
If to Landlord to:
Wit hac QI2Y...lQ.:
'vVinter Springs Golf, LLC
1500 Winter Sprint> Blvd.
Winler Springs, FL 3no~
12. Quiet Enjoyment. Title and A.uthority. Landlord covenants and warrants to Tenant that (i) Landlor.d has full rigbt. power and
authontv to exccute Ihi;; Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, except those
disclosed to Tenant and which will nor inter.fere witl] Tenant's rights to or use o[[he Premises: and (iii) execution and performance of this Lease
will not violate allY laws, ordinances, covenants. or the provisions of any mortgage. lease, or other agrecment binding on Landlord. Landlord
01/00/00 12:00A P.004
covenants that at aJltimes during the term or this Lease, Tenant's quiet enjoYTllent of the Premises Dr any pm1thereof shall not be distlIlb~d as
iong as Tenant is not in default beyond any applicable grace or cure period.
) 3. Environm~ntaJ Laws. Landlord represents that it has no knowledge of any substance, chemical or waste (collectively, "Hazardous
Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation.
Landlord and Tenant shall not introduc'c or use any Hazardous Substance on the Propnty in violation of any applicable law. Landlord shall be
responsible for, and shaU promplly conduct any investigation and remediation as required by any applicable environmental laws, aU spills or
other releases of any Hazardous Substonce not caused solely by Tenant that have occurred or which Inay occur on the Property. Each party
agrees to defend. Indemnify and hold hamlless the other from and against any and all administrative and judicial actions and rulings, claims,
cuuscs of aClion, demands and jiablIity (collectively, "Claim~") including, but not limited to, damages. costs, expenses, assessments, penalties.
fines, losses, judgments and reasonable attomey fees that the indemnitee may suffer or incur due to the existence or discovery of any Hazardous
Substances on the Property or the migrmion of any Hazardous Substance toother properties or the release of any Hazardous Substance into the
environment (collectively, "Actions"), that relute to or arise from the indemnitor's activities on the Property. Landlord agrees to defend,
indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not caused by Landlord or Tenant prior to the Initial
Term. The indemnifications in ',his section specil1cally include, without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal or restoraTion work required by any governmental authority. This Section 14 shall survive the
termination or expiration of thiS Lease.
14. Assic:nment and SubkasinQ. Tenanl shall have the right to assign or otherwise transfer this Lease and the Easements (as defined
above) granted herein UpOll written consent from landlord. Upon such assignment, Tenant shall be relieved of all liabilities and obligations
hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease
the Premises, upon wTillen nor;ce 10 Landlord.
Additionally. Tenant may, upon notice to Landlord, grunt a security interest in this Lease and the Antcnna Facilities, and may
collaterally assign this Lease and the Antenna Facilities to any mongagees or holders of security interests, including their successors or assigns
(collectively "Secured Parties"). In sueh event. Landlord shall execute such consent to leasellold fJnaneing as may reasonably be reqUired by
Seeured Panies.
15. Successors and Assigns. ThiS Lease and the Easements granted herein shall run with the land, and shall be binding upon and inure
to the benefit of the parties. their respective successors, personal representatives and assigns.
16. Waiver of Landlt)rd's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the
Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of this Lease. whether or not the same is
deemed rcal or personal propcrty under applicable laws, and Landlord gives Tenant and Secured Parties the right 10 remove all or any portion of
the same from timc 10 time. whether before or arkr a default under this lease. in Tenant's and/or Secured Party's sole discretion and without
Landlord's consent.
J? Misceilaneolls.
(a) The prevailing party In any litigation arising hereunder shall be entitled 10 reimbursement from the other party of its reasonable
attorneys' fees and cow1 costs, including appeals. ifany.
(b) This Lease constitutes the cnllle agreement and understanding of thc parties, and supersedes all offers, negotiations and other
agreements with respect to the subjecl maHer Jnd property covered by this lease. Any amendments to this Lease must be in writing and
exe!; uted by bot h p"rties
(c) Landlord agrees to cooperate with Tenant in executing any documents necessary to protect Tenant's rights in or use of the
Premises. A i\1er.lof<mdum of LeJs~ in substantially the form attached hereto as Exhibit C may be recorded in place of this Lease by Tenant.
(d) In the event Ihe Properly is encumbered by a mortgage or deed of lruSI, landlord agrees, upon request of Tenant, to make every
reasonable effonto obtain and furnish to Tenant a non-disturbance and attornment agreement for each sueh mortgage or deed of trllst, in a fonn
reasonably acceptable to Tenant. Tenant agrees this lease is subordinate to any future mortgages provided Landlord provides Tenant a nOI1-
disturbance and attomment agreement for each such mortgage or dced of trust, in a form reasonably acceptable to Tenant.
Ie) Tenant may obtain title insurance on its Interest in the Premises. Landlord agrees to execute such documents as the title company
may requirc in connection therewith. Any title insUl"ance obtained by tenant will be at Tenants sole expense and Landlord will be provided a
copy
(I) This Lease shall be construed in accordance with the laws of the stale in which the Propeny is located. without regard to the
contlicts oflelW pnnciples of such state..
(g) I I' any term of Ihis Lease is found to be void or invalid, the remaining terms of this Lease shall continue in full torce and effeet.
1"n1' qllestlons of particulac interpretation shall not be interpreted against the draner, hut mther in accordance with the fair meaning thereof. No
provision 01' tllis Lease will be deemed waived by either party unless expressly \yaived in writing by the waiving pany. No waiver sholl be
01/00/00 12:00A P.005
lmplied by delay or any other Jet or omission of either party. No waiver by either party of any provision Qfthis Lea~e shall be deemed a waiver
of such provision with respect to any subsequent matter relating to stich provision.
(h) The per:>Qns who have executed this Lease represent and warrant that they are duly authorized to executc this Lease In their
individual or represenlative capacities as indicated.
(i) This Lease may be executed in any number of counterparts, each of which shall be deemed an originaL but all of which togethcr
shall constitute a single instrument.
(j) :\11 c);hilJits referred to herein and any Addenda are incorporated herein [or all purposes. The parties understand and acknowledge
that Exhibits A and B may be attached to this Lease and the Memorandum of Lease, in preliminary [om'. Accordingly, the parties agree that
upon the preparation of final, more complete exhibits, Exhibits A, and/or B, as the case may be, may be replaced by Tenant with such final, more
complete exhibit{s).
Ik) If either p~rty is represcnted by any broker or any other leasing agent, such party is responsible for all commission fee or other
payment to such agent, and agrees to indemnifY and hold the other party harmless from all claims by sLlch broker or anyone cbiming through
such broker.
The effective date of this Lease is the date of execution by the last party to sign (the "EJTective Date").
:NDLORD :'" s~ ~
P'i""'lN'mo(~ $,h,",,", ----r-
Witness:~~1 '"
Its:
President
p"",,, N'm"_~ l ~;;oV>'-""
WilneS~(; ~
Printed Name:A ,~ ,-
Date:
Januarv 06. 2006
Date:
January 06, 2006
L
By:
Vertex Development LLC
/~~ /~.
~~~
A Ian Ruiz
TENANT-
Printed Name:
[ts:
President
Witness:
printe~ame:
01/00/00 1Z:00A P.006
-~
ADDENDUM TO SITE LEASE WITH OPTION
[Additional Terms]
in the event of conlliet or inconsistency between the terms of this Addendum and this Lease, the terms of the Addendum shall govern and
cOnlrol. All capitalized terms shall have the same meaning 3S in this Lease.
Section 17. Miscellaneous. Add the following:
(I) T-Mobile is the anchor tenant on the proposed Tower. and T-Mobile will lead all permitting and approval processes,
(m) The proposed Tower will be built to accommodate no less than three (3) PCS wireless carriers if it is approved at 130 feet. The
Tower will be submitted into pem1itting with the City of Winter Springs as a camout.lage unipole at 150 feet. At I SO feet the Tower could
accommodate the c4uiprnent of four to live carriers, At 160 feet. the Tower e1luld accommodate the equipment of five to six carriers,
(n) It'the proposed Tower is approved by the City of Winter Springs for at least 130 feet in height. then Tenant will obtain three
carriers to attach their network antennas to the Tower within one year of the building remlir dale as issued by the City of Winter
Springs Building Department. Currently T-)'10bile will install equipment on tbe proposed Tower and Verizon Wireless desires to
install equipmenr also. Tenant will marker the Tower to all carriers currently serving the greater Orlando metro area and will
proactively market the tower space for all future carriers in rhe Orlando metro area,
(0) Within fiftcen (15) days of Winter Springs Golf. LLC. delivering to Vertex Development, LLC a completely executed Site Lease
With Option, Vertex Development, LLC will pay Winter Springs Golf, LLC a sum ofSevcn Thousand Five Hundred Dollars
($7,500).
(pl Within fifteen (IS) days ofYertex Development, LLC receiving all necessary goycrnmental approvals to build a Unipolc on
property owned by Winter Springs Golf. LLC. Vertcx Development, LLC will pay Winter Springs Golf, LLC a sum ofTwelve
Thotlsand Five Hundred Dollars (512,500).
Iq) All construction will be coordinated with Landlord so as to not inleriere with Landlord's nonnal business operations.
L/\NDLORD /7~~rI% ~LC \ '
By V~4Z~~--
Printed Name: Christopher Schiavone
Witness:
}v/ J-- //L
J anuarv 06,2006
P,,,,eed Nom, #~""</~'"
""po,,,A, ~
Printed Name: <'
Its'
Date:
President
Its:
Presidenl
"'-----
TENANT:
By:
Vcnex Dcvelopment LLC ,
/~hr /~.
~~--;/c====-~~
Alan RUl7. ,,; , //
<.. \.D
~<..
[
'T~~--7t
.~;;'''7q// ~,hl;C
Printed Name:
Date:
hnuun 06, 2006
01/00/00 1Z:00A P.007
EXHIDIT A
Legal Description
The Property is legally described as follows:
To be determined by official survey upon completion of final zoning process.
Survey to I)e paid for by the tenant and appurtenant racilities to be approved by Landlord.
Assessor's Parcel Number: 31-20-31-5BB-OOOO-004A
01/00/00 12:00A P.008
EXHIBIT B
The location of the Premises within the Property (together with access and utilities)
is more particularly described and depicted as follows;
A SO' x SO' tower compound along with the necessary landscape perimeter as determined by the local, gOHrnillg municipality.
T() he determined by oflicial survey upon completion of tinal zoning process and to be approved by Landlord.
01/00/00 12:00A P.010
Memorandum of Lease
Assessor's Parcel Number: 31-20-3l-5BB-OOOO-004A
Betwcen Winter Springs Golf. LLC ("Landlord") and Vertex Development LLC ("Tenant")
A Sttc Lease with Option (the "Lease") by and between Winter Springs Golf, LLC. Florida Limited Liability Company ("Landlord") and Vertex
Dcvelopment LLC. a i\ Delaware Limitcd Liability Company ("Tenant") was made regarding a portion oftile following property:
See Attached Exhibit "A" incorporated herein for all purposes
Tile Option is for a term of twelve (J 2) months after the Effective Date of the Lease (as defined under the Lease), with up to one
adJitionaltwelve (12) month renewal ("Optional Period").
The Lease is for a tem of thirty (30) years and will commence on the date as set forth in the Lease (the "Commencement Date").
l\f WITNESS vI/HEREOF, thc par1ics hereto have respectively executed this mcmorandum effective as of the date of the last party to sign.
~:'DlORD~~
Primed Name: <:;hristoph<:r Schiavone
/'
Witness: Vd-/L q-
I>"""d~$_~~
Witness: ~
Printed Name: 1
Its:
President
Date:
January 06, 2006
Its:
President
Pnnted Name:
v~
Alan Ruiz
TENANT
By:
Date:
January 06. 2006
01/00/00 lZ:00A P.011
/Notttrr block (or Landlord/
,/(,;:~r,;ii~ J~.
[Notary bIOCkJo~,,~~?orati~lI, P"rtllersllip, Limited Liability COlt/pall)']
ST ATE or i.. /~,t~!'/ii~x,
(/ , ,': ) 5S,
COU"lTYOF ~,"" \/i'HUJi,:JdJ.. )
1l1is instrument was acknow1edi!cd before/me on ,~),,~ '/iLLjJ;;' ~t. ;;:~\({:; by, /<>~/,f '. j he'!"" /./;'7t ',:" ,[title]
'. ", i ,. of /;':.',:,//,::-/". /, hl'f/";'S,?,~ />>";(7';//:/ /)/0(.. [type of entity]. on behalf of said
'i/'/i)./..b.ti't;.L({namcofentityJ,' I
;}. 1
Dated: 1__1-__" //'~,,< (/":"
~1'U:U'''' iliA
."tm~~Y ""~"'" .....NCY JABLONSKI
",.. . ,<-", No""" p .
! . . < -", UbIic. Slate of Florida
"::~ g,JMY CommisslQQ Expires Mar 14 2OO!l
";'1,,0. ",<t.,.' Commission # 00 An7""'';
....... Bonded By Nalional ...,~.
!. / / /
/ ' ;' ../.... II. """ /, ..
j':;~(", y: /',/ /1 r~,ll /1..-
'otary Public / /::: ~, t.~j:~_ .,' --r.;,' ,. ,_
Pnnt )Tame /l /;..; /- I/_A:.._-l'. ~., I ,r-//) t <' f) ~:;:l</ !
My commission expires j :"'1-,,/ i/ --(I (:I
(Use this space lor notary stamp/seal)
{Notary block (or Tel/alltl
STA TE OF FLORIDA
)
) Ss'
)
COUNTY OF H1LLSBOROUGH
] cenify that I know or have satisfactory evidence that Alan Ruiz is the person who appeared before me, and said perSall
acknowledged that he signed this instrument, on oath SUIted that he was authorized to execute the instrume.nt and acknowledged it
as the President ofVerlcx Development LLC, a A Delaware Limited Liability Compnoy, to be the free and voluntary act of slIch party for
the uses and purposes mentioned in the instrument.
Dated: January 06, 2006
/] ~.....
~J ~1' \
~ _YfOlJ/tiJ / { J :', ~..
Notary Public
Print Name
My commission expires _.
(Use this space for notary stamp/seal)
,'\f:l1~~ Laura M. Ferris
/l' ....A Commission # 00423085
-.... .....
~....... J." Expires April 27. 2009
,'~Wt , ~nftd Troy F.ir. .ll'\$lJrJi/"tC.. 11'lC. ~701S
01/00/00 1Z:00A P.012
~
Memorandum of Lea~e EXHIBIT A
Legal Description
The Property is legally described as follows:
Assessor's Parcel Number: 31-20-31-SBB-OOOO-004A
01/00/00 l2:00A P.OOl
COl\lMUNICATlONS SnE LEASE A,GREEi\lENT
THIS COlVIIVlUNICA nONS SITE LEASE AGREEl\IENT ("Lease
Agreement") dated as of , is made by and uetween Royal Street
COnImunications,LLC, a Delawal'e limited liability company ("Lessee") and Vertex Development,
LLC, a Delaware limited liability compan)' ("Lessor"),
RECITALS
ThiS Le,lse Agreemcnt is cnten::d into based upall the i'ullowillg fiICts, circulnstances and
ullder:,talldings.
A, Lessor leases certain real property legally described in E:;hibit "A" allached hereto
anu cOll1lrlOllly known as FL5032; 1500 'vVinter Springs Blvd, Winter Springs, FIOi'ida ::;:nos /\ssessor's
Parcel NUlllber :1! -2U315B!3-0000-004A ("Lessor's Real Property"), Lessee desires to !case a portion oj'
Lessl1r', Real Propel'll' with any necessary casements over other portions of Le:0501'' Real I'ropcl1j'
,1I1d,:l'l shal'ed use 01 Lessor's easements over other real pruperly necessary for Lessee's access and
utilities lu the leased area fallog<:rhcr the "Premises"), as descriLx'd un Exilibil "[)" attached hereto,
Lessur reprcsellb "ml \Yarr~lI1ts th2ll it has the right to grant the rit-Itts set I'urtll hCleill ~lllcl tlut It Itas Il~1I
l'lgllts ,.>1' ill;;I'CSS tu 2111d cgress fruln the Premises from a public roadway,
H. Lessec is a cOlllmunications carrier that desires to construct and OpCl'(lte a wireless
CUllllllUlllc,ltions Site at the Premises as part of its communications network,
C. Bilsed on the Pl'ernises set forth herein and on the ((;rms and conditions set forth
below, I.c~ssor IS willing to lease the Premises to Lessee for Lessee's pt'Oposed use subject to the terms
ancl conditions oftllis Lease Agreement.
WlIEREFORE, in wlIsideratioll of the Pl'emises set forth above olntl the terms and
conditions set forth herein, the parties, intending to be legally bound, hereto agree .IS follows:
l. G rant of Lease. Lessor hereby leases tu Lessee the [)rcmises fOI Lc-;sec' s proposed
us\:, slIbj\..'(\ \U the.; t()lto,\ing tcrms and conditions for the Term.
.., Permitted Uses, The Premises may be used by Lessee for tile op<:ralioll ut' ,t wireless
COllllllUllIc.<Itillns SilC, Under this Lease Agreement, Le~see may install, place, ust: and operate on the
Pn.:1ll iscs sue-Ii <lntcnll:IS, radio lI'ClIlsrnilting aJl(1 receiving eCjuipmellt, conduits, \vircs, batteries, back-up
gCIIUal'i'S I.It i I it:. I iltcs and fac i I iti.:s, supporting structures, telephone t'aci I ities, and related equipment
(collcc,tl\'eI\ "Le,-;ee's F:teilities") as Lessee deems necessary for the opei'alion uf its wireless
COlllnllllllC,IIIUlh sill' :It the Pi'emises. Further, L,essee may perJ(lI'Ill construction, l1lalntell:illCe, repairs,
adclilions to, and l'cplaccmcllt or Lessee's Facilities as necessary and 2lppropI'iate for ils ongoing, business
and has tilL' right tl,) du ,dl \\ork necc:ssary to pi'cpare, modify and mailllain th..:: Prenlises to accornll1odat..::
Lessee's I'Jediti(', and as I'equired fOl' Lessee's communications operations at the Premises,
P,lgt.: 101 j 7
Sitl: N", OlW210
Site Ac.ldrc:ss 150U 'V,,; Cl Sp'ICH;S I\t..(1 WIlller Spring,;, Florida 327U8
l::XLC!' IIUN CO!",' ~,: IO(h)
EXECUTION COpy
01/00/00 12:00A P.002
3. Conditions Precedent: Prior Approvals. This Lease Agreement is conditioned upon
Lessee obtaining all governmental licenses, permits and approvals enabling Lessee to construct and
operate wireless communications facilities on the Premises without conditions which are not standard or
typical for premises where wireless communications facilities are located. Lessor agrees to cooperate
with Lessee's reasonable requests for Lessor's signatures as real property owner on permit applications,
for allowing site inspections by governmental agencies required in connection with reviewing permit
appl ications. and for assistance in obtaining such necessary approvals. provided that such cooperation
and assistance shall be at no expense to Lessor.
4. Term. The term of this Lease Agreement ("Term") shall be Seven (7) years
commencing with the issuance of a local governmental building permit allowing Lessee to construct
Lessee's Facilities on the Premises or twelve (12) months from the date of full execution of this Lease
Agreement, whichever occurs first ("Commencement Date"). Lessee shall promptly deliver written
notice to Lessor of the Commencement Date. Lessee shall have the right to extend the Term of this
Lease Agreement for four (4) additional terms (each a "Renewal Term") of five (5) years each. The
terms and conditions for each Renewal Term shall be the same terms and conditions as in this Lease
Agreement, except that the Rent shall be increased as set forth hereinbelow. This Lease Agreement shall
automatically be extended for each successive five (5) year Renewal Term unless Lessee notifies Lessor
in writing of Lessee's intention not to extend this Lease Agreement at least thirty (30) days prior to the
expiration of the first Term or any Renewal Term.
5. Rent. Within fifteen (15) days of the Commencement Date, Lessee shall pay Lessor,_ as
rent, the sum of 'l' _ ) per month. Rent shall be payable on the
first day of each month, in advance, to Lessor or Lessor's alternate payee specified in Section 22, Notices
and Deliveries. If the Commencement Date of this Lease Agreement is other than the first day of a
calendar month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the
calendar month in which the Term commences, and thereafter Lessee shall pay a full month's Rent on the
first day of each calendar month, except that payment shall be prorated for the final fractional month of
this Lease Agreement, or if this Lease Agreement is terminated before the expiration of any month for
which Rent should have been paid. Rent shall be increased annually, on the anniversary of the
Commencement Date b) of the previous year's Rent.
6. Due Diligence Contingency and Pre-Commencement Date Access to Premises.
Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease
Agreement and prior to the Commencement Date, to enter the Premises for the purpose of making
necessary inspections, taking measurements and conducting engineering surveys (and soil tests where
applicable) and other reasonably necessary tests to determine the suitability of the Premises for Lessee's
Facilities ("Due Diligence"), and for the purpose of preparing the Premises for the installation or
construction of Lessee's Facilities. During any Due Diligence activities or pre-construction work, Lessee
shall have insurance which covers such activities as set forth in Section 16, 1nsurance. Lessee will notify
Lessor of any proposed tests, measurements or pre:Construction work and will coordinate the scheduling
of such activities with Lessor. If in the course of its Due Diligence Lessee determines that the Premises
are unsuitable for Lessee's contemplated use, then Lessee shall have the right to terminate this Lease
Agreement prior to the Commencement Date by del ivery of written notice thereof to Lessor as set forth
in Section] 3, Termination.
Site No.: ORD2l0
Site Address: 1500 Winter Springs Blvd. Winter Springs. Florida 32708
EXECUTION COpy 7.10.06
Page 2 of ] 7
01/00/00 12:00A P.003
7. ()ngoing ~L\ccess to P.-cluises. 'fhrollghollt lhe l\~.fln and any Rcnc\val 'rcnn of this
Lease Agreement, Lessee shall have the right of access without escort to the Premises for its employees
alld agents twcmy-four (24) Iwul's a clay, seven (7) days per week, at no additional charge to Lessee. In
exercising its right of access to the Premises herein, Lessee agrees to cooperate with any reasonable
security procedures utilized by L.essor at Lessor's Real Property and fuI1her agrees not to unduly disturb
or interfere Ivith the business 01' other activities of Lessor or of other tenants or occupants of Lessor's
Real Property. Lessor shall maintain all existing access roadways or driveways extending from the
nemest public roadway to the Premises in a manner suntcient to allow for Lessee's access to the
Premises. Lessor shall be responsible for maintaining and repairing such roadways and drivcways at
Lessor's sole expense, except fiJr any damage caused by Lessee's use of such roadways or drive\vays. If
Lessee causes any such damage, Lessee shall promptly repair the same at its sole expense. Except those
constnlcled by Lessee, Lessor, nut Lessee, sktll be responsible for the maintenance and compliance with
lzms of all lO\VCt.S and struclures !L,caled on the I'I'elllises. including compliance vvith I'art 17 of lhe
Feckral COlllmunlcations Commissions' Rules
g, Lessee's Work, lVlaintenance and Repairs. All of Lessee's construction and
installmion Ivork al the I'I'emises shall be performed at Lessee's sole cost and expense and in a good and
Ivorkmalllikc manner. Lessee shall submit copies of the site plan and specifications to the Lessor for prior
approval, which approval \villnOl be unreasonably withheld, conditioned or delayed. Lessor shall give
sllch approval or provide Lessee with its requests for changes within five (5) business clays or Lessor's
receipt of Lessee's plans. If Lessor do~s not provide such approval or request for changes Ivithin such
five (5) business clay period, Lessor shall be deemed to have approved the plans. Lessor shall not be
entitled to receive any additional consideration in exchange for giving its approval of Lessee's plans.
L"essee shall maintain Lessee's Facilities and the Premises ill neat and safe condition in compliance \vith
all applicable codes and govemlnental regulations. Lessee sha.II not be required to make any repairs to
the Premises except fOt damages to the Premises caused by Lessee, its employees, agents, contractors or
subcontractors. Upon the expiration, cancellation or termination of this Lease Agreement, Lessee shall
surrender the Premises in good condition, kss mciinary wear and tear; hovvevct', Lessee shall be required
to reIllove any foundation suppons for Lessee's Facilities which have been installed by Lessee.
9. Title to Lessee's Facilities. Title to Lessee's Facilities and any equipment placed on
the Premises by Lessee shall be held by Lessee. All of Lessee's Facilities shall remain the propeny of
Lessee and are not fixtures. Lessee has the right to remove all Lessee's Facilities at its sole expense on
or before the expiratioll or termination of this Lease i~greell1ent. Lessor acknowledges that Lessee may
el1lcr into iil12lncing alTangell1cllts includillg prOllllssory notes ami l~nancial and security agreemcnts lor
the l~nallcing of Lessee's Facilities (the "Collateral") with a third party financing entity anclmay in the;
future enter into additional financing arrangemellts wilh other financing entities. In connection
therewith, Lessor (i) consents to the installation of the Collateral to the extent that the Collateral is pari
of the approved L.essee's Facilities; (ii) disclaims allY interest in the Collateral, as fixtures or othenvise,
whether arising at law or otherwise, including, but not limited to any statutory landlord's lien; and (iii)
agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress
for any Rent due or to become clue ancl that sllch Collaterallllay be removed at any time without recourse
to legal proceedings.
10. Utilities, Lessee shall have lhe right to install utilities, at Lessee's expense, and to
improve the present utilities 011 Ot' near the PI'emises (including, but Ilot limited to the installation of
emergency back-up power) Subject lO Lessor's approval of the location, which approval shall not be
Page 3 0 r 17
Site ]\0. OR0210
Sire Address: 1500 \Vjl~k'.r Springs Bh'd \Vin:~r Springs, (']o:ida 327GS
I:.:X[CuTIO:~ COP'( 7.10.06
01/00/00 12:00A P.004
lII1rl:asulubly \\itlilll::ld, eOlldilionl::d, or delayed, Lessee shall have the right to place utilities 011 (or to
bl'illg utilities across) Lessor's Real Property in order to sCI'vice the Premises and Lt:ssee's facilities.
UpOl1 L.essee's request, Lessor shall execute re.:eordable easement(s) evidencing this right. [,essee shall
Cully and promptly pay for all utilities furnished to the Premises for the use, opcratilJn and maintenance.:
01 Ll:ssec's Facilities. Upon Lessee's request Lessor shall allow Lessee to install sub-metering
equipment on existing L.cssor utility service(s). Lessee agrees to instalL at Lessee's cost, the: re.:quil'ed
equipment. meters cmd cOllnections and will reimburse Lessor 1'01' Le.:ssee's USt; of utilities at a rate equal
to IJessor's unit cost for the utililie.:s. Lessee shall pay tile cost of mility service provided to the Premises
and attributable to Lessee's use ("Utility Charge"). Lessee shall pay the estimated cost of the Utility
Char'ge Illomhly ill advance. The parties estimate tile Utility Charge at the commencement of constHlctioll
to be TBD (~OOO) per month. During the.: term of this Lease Agreement. at Lessor's request (which
request shall IlOt be more frequent than ollee evcI'y twelve.: months), Lessee shall calculate the actlwl
Utility Charge.: for the illllllediately preceding twelve (12) months based on the.: re.:adings from the
privately inst:.illecl sub-me1er at Lessor's property If the.: "ctllal Utility Charge varics from thl' cstimclted
Utility Charges paid. the parties shall reconcile past paymellls or utility charge.:s cll1d ad.lllst future
estilll~lles of the Uilily Charge to rellect Lesse.:e's actllalusage.
II. Intcd"cl'cncc with Communications, Lessee's Facilities and operations shall not
inl<:rCeIL:' Ilith the l~OIllIl1Ullicati()ns conligurations, i"reqllcncies or operating e.:quipmcnt which e\.ist on
Les~,)r's Real "rope.:ny l)n the elTective date of this Lease Agreement ("Pre-existing Communications"),
and Le\see' s I~aci I it ie) and operations shall comply with all non-i ntertcrence.: ru Ies of the Federal
COlllnllllll(;ation~ COll1mission ('TCC'). Upon written notice fmm Lessor of apparent intnkrcllec b,y
Les~ee with Pre-existing Communications, Lessee shall have the responsibility to promptly terminate
such interference or demonstrate to Lessor with competent information that the apparent interference in
fsct is not caused by Lessee's Facilities or operations. Lessor shall not, nor shal] Lc~sOl' permit any other
tenant 01 occupant of any portion of Lessor's Real Property to, engage in any activities or operariolls
which inkrfere With lhe communications operations of Lessee described in Section 2, above. Such
illlerference.: with Lcssee's communications operations shall be deemed a material breach by Lessor, and
Lessor shall have the responsibility to promptly terminate said interference. In the event any such
interference docs not cease pl"Olllptly, the parties acknowledge.: thaI continuing interference will cause
IITeparablc injury to Lessee, and therefore Lessee shall have the right to bring a Cllurl action to cnjoin
such interference or to te.:rminate this Lease Agreement immediately upon notice to Lessor. Lessor agrees
to incorporate equivalent provisions regarding non-interfel'ence with Pre-existing Communications into
any subsequent leases, licenses or rcntal agreements with other persons or entities for any portions of
Lessor's Real Property.
12. Taxes, Lessee shall pay personal property taxes asse.:ssed against Lessee's Facilities.
and Lessor shall pay when due all real property taxes and all otller taxes. iCes and aSSCSSll1em)
attribulable to the Premises and this L.ease Ag.reement.
13. TCI'mination. This L.ease Agreement Illay be terminated by L.e.:ssee eiTe.:ctivc
imlllediatel) Ivi1hollt further liability by delivery of \vritten notice lhereof to Lessor prior to lhe
Coml1\ence.:lllent Date for any reason resulting from Lcssee.:'s Due Diligence, or if a title report obtained
by Lessee Cor Lessor's Real Property shows any defects oftitlc or any liens or encumbrances which may
aclver~dv affect Lessee's use of the Premises for Lessee's intended use, or for any other 01" no reason.
This Lea~e lllay be terminated without further liability on thirty (30) days prior written IJotice as follows:
(i) by eitllel pany upon a default of any covenant, condition, or term hereof by the other party, which
default is not cured within sixty (60) days of receipt of wrinen notice of default; (ii) by Lessee if it does
Page 4 of l7
Site No. ORD210
Sit~ Address: 1500 Winla Srring:; Blvd Winter Springs. Florida 32708
EXECUTION COP\'710,06
01,'00,,'00 12: 00A F'. 005
IJUt obtain licenses, pe!'!llib 01' lllhcr approvals necessary to lile cunstruction or operation or Lessee's
Facilities C.!:.ermits"j, is unZlbk to obtain such Permits without conditions which arc not standard or
typical for premises whcre wire'less communications t~lcilities arc located or is u1l3ble to maintain such
licenses, permits or approvals despite reasonable errorts to do so; (iii) by Lessee if Lessee is unable to
occupy or utili!,e the Premises due to ruling or directive of the FCC or other governmental or regulatory
agency, including, but not limited to, a take back of frcqut:ncies; or (iv) after the initial term by' Lessee if
Lessee determines thalthe Premises are not appropriate for its operations for economic, environmental or
technological reasorlS, including, Ivithout limitation, signal strength or interference, Other than as stated
herein, Lessor shall not have the right to terminate, revoke or cancel this Lease Agrcl:menl.
1.:t. Destnlction of Premises. If the Premises or Lessor's Propcny is destroyed or
damaged so as in Lessee's judgment to hinder its effective lIse of Lessor's Property for the ongoing
oper,ltrOll ul' a wireless communications site, Lessee may elecl to terminate this Lease Agreement without
fUl1l1er I iabi II ty of Lessee as of the date of the damage or destruction by so notifYing Lessor no more than
thiny (30) days follov'iing the date of damage or destruction, In sllch event, all rights and obligations of
the parties which do not survivc the termination of this Lease Agreement shall cease as of the date of the
damage or destruction,
15. Condemnation. If a condemning author'ity takes all or Lessor's Real Property, or a
portion which in Lessee's re~lsolwble opinion is sufficient to render the Premises unsuitable for Lessee's
ongoing operation of a Ivireless communications sile, then this Lcase Agreement shall terminate without
further lIability oi' Lessee as 01' the date when possession is delivered to the condemning authority in
any condemnation proceedll1g cach party shall be cntitled to make a claim against the condemning
authoritv for just compensation recoverable under applicable condemnation law, Sale of all or pan of the
Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of
eminent domain shall be treated as a taking by a condemning authority,
16. Insurance. Lessee shall maintain the flJlIowing insurance: (1) Commercial General
Liabi I ity with I im its of One rvl i II ion Dollars ($1,000,00000) per occurrence, (:2) Automobile Liability
with a combined single limit of Onc ;vlillion Dollars ($],000,000,00) per accident. (3) Workers
Compensation as required by law, and (4) Employcr"s Liability with limits of One rl/lillion Dollars
($1,000,000,00) per occurrence, Lessor, at Lessor's sole cost and expense, shall procure and maintain on
the Propcny, bodily injury and property damage insw'ance with a combined single limit of at least On<:
f\/Iillion Dollars (SI,OOO,OOO,OO) per occurrence. Such insurance shall insure, on an occurrencc basis,
against liability of Lessor, its employees and agents arising out of or in connection with Lessor's use,
occupancy and maintenance or the Propetty, Each party shall be mllned as an additional insured 011 the
other's ]Jolicy, Each par1y shall provide to the other a cet'tificate of insut'ancc evidencing the coverage
required by this paragraph within thirty (30) days of the Commencement Date, Each party waivcs any
rights 01 recovery again:;t the other I'or injmy or loss due to hazards covered by their property insurance,
and each rany shall require such insural.l..Ce policies to contain a waiver of recovery against the other.
17. Assignments or Transfers. Lessot' may assign or transfer this Lease Agreement to an)'
pl.:rson or entity \\itheJl:t any t'cquircll1cnt for prior approval by Lessee, provided that such assignee or
rransferee agr>:es rn wriring to I'ultill the duties and obligations of the Lessor in said Lease Agreement,
including the obligation to respect Lessee's rights to nondisturbancc and quiet enjoyment of the Premises
duril1g the remainder' of the Term and any RenC\val Term hereof. Lessee may assign or transfer thi,
Le~lsc Agreement without prior i1liproval by Lessor to any of Lessee's partners. shareholders, members.
subsidiaries, or affiliates, to any entity in which Lessee or any of its afliliates holds an ownership
Page5ofl7
Site No ORD210
Sit~ r\ddrl''': 15110 Winter :iI1i'l11:;S U!'.'d WlJll~r Spring:;, Florid" 3270S
EXECUTION COP'" 7,1 OfJG
01/00/00 12: 00A F'. 00~'
interest, or to a person or entity acquiring by purchase, merger or operation of law a majority oi'the value
of the a~seb of Lessee. L<essee shall not assign or transfer this Lease Agreement to any other person or
cmity without the prien writtcn approval of Lessor, which approval shall not be unreasonably withheld.
eonditiolled, or delayed Notwithstanding anything to the contrary cOlllainecl in this Agreement, Lessee may
assign, mOl1gclge, pledgc, hypothecate or otherwise transfer without consent its interest in th is Agreement to
Cln) fin,ll1cing entity, or agent on behalf ai' any financing entity to \I.holl) Lessee (i) has obligations f",r
borrowed mOIH':y or in respect of guaranties thereot: (ii) has obligations evidenc<::d by loans. bonds,
debentures, notes 01' similar instruments, or (iii) has obligations L1nclel' or with respect to Ietkrs of credit.
bankers dcc<:ptal\cl.'s ,1I1c1 similar l~lCilities or in I'espect of guaranties thel'eor
IS. Suhleases. Lessee shall not have the right to sublease or otherwise allow any other
communications provider' to occupy space on an)' antenna structure or equipment enclosure installed by
Lesse:e at the Prclll ises,
19, NOlldisturbance and Ollie! Enjoyment: SlIbonlina!ion: Estorpe[ Cer-tificat<.'s.
(:1) So long as Lessee is not in default under this Lease Agrcemcllt. Lessec shall be
<::ntitlccl to quiet enjl)ymenl of the Pn::mises during the term of this Lease Agreement eJ[' any Re:ne:vval
Term. ,lnd Lesse<:: ,hall not b<e disturbed in its occupancy' and use of th<e Premises.
(b) This Lease Agreemellt shall bc subordinate to each and <every deed of trust,
III OI'tgagl' or other scclII'ity instrument whieh may no\v or hereaf'te:r affect Lessor's Real Propeny and to
any renewals, extensions, supplements, amendments, modifications or replacements thereof. In
confirmation of such subordination, Lessee shall e.\:tCllte and deliver promptly any c<ertiiicate of
subordination that Lessor may reasonably request, providcd that such certificate acknowledges that this
Lease: Agreement remains in full force and effect, recognizes Lessee's right to nondisturbance and quiet
enjoyment of the ['rcmises so long as Lessee is not in default uncleI' this Lease Agreement, only contains
trLle and accurate statements and Lessee's liability shall bc capped at the rcmaining rent lindeI' this Lease
Agleement. II' any mOITgagee 01' lender' succcecls to Lessor's mlCr<est in Lessor's R<eal Property through a
j"m:closLlIT proceeding or by a deed in lieLl of forcclosLlre, Lessee shall allorn to and recognize sLlch
successor as Lessol' Linder th is Lease Agreement.
(c) At any time upon not less than !en (10) days' prior written notice by Lessor,
Lessee shal I execute, acknowledge and deliver to Lessor 01' any other parry specified by Lessor a
statement in writing certifying that this Lease Agreement is in full force and efTect, if true, and the status
of any cOlltinuing der;llIlts under this Lease Agreement.
:W. Indemnifications.
(a) Lessee's IndelIlnity. Lessee hereby agrees 10 indemnify and hold Lessor and
Lessor's officers, directors, partners, shareholders, employees, agents, contractol's or subcontractors
h,mnless from and against any and all losses, claims, liabilities, damages, costs and expenses (including
r<easonclbk: attorney's fees and costs) and injuries (including personal injuries or death) arising from or in
connection with Lessee's use, operation, maintenance or repair of L..:ss-.;c's facilities at the Premises or
acc(,'ss over Lessor's Real Property or Lessee's shared use of Lessor's easements for access to the
h'cmises, except those resulting frol11 the negligence or willfulmisconducl of Lcssor or Lessor"s officers,
directors, partners, shareholders, employecs, agents, contractors or subcontractors,
I'age 6 or ] 7
Sih.: No. ORD211J
Si[C !\ddl'CSS 15tJU \'Jil1tcr Springs lJlvd Wlla"r Springs 1:1'\IlJa 321m;
EXECUTION COP\' '7 I D.UG
01,..'00,.'00 12: OOA F'" 007
(11) Lcssor", Indcmnity. Lessor hereby agrees to indemnify anel hold Lessee and
Le,stc::', uClic.:c::rs. dltcc.:tors, p<\rtncl's, shareholders, employees. agents, contractol's or sLlbcontractol's
Inrl11!c"s frum and against an) and all losses, claims, liabilities, damages, costs and expenses (including
reasonabk dtlOrney's I'ces ane! costs) and injmies (including personal injmies or death) arising from or 1I1
connection with Lessor's use, operation, maintenance or repair of improvements on Lessor's Real
Properly, Lessor's skln:d Lise of easements for access to Lessor's Real Property, any violation of
governmental regu lations relating to thc Premiscs and any towers lIsed by Lessee (inelud ing the lighting
or painting for aviation pathvvays), except those I'csulting from the negligence or willful misconduct of
Lessee or Lessee' 3 officers, directors, partners, shareholders, employees, agents, contractors or
subcontractors,
(f) Survival of Indemnity Provisions. Tile indemnity provisions of this section
sll,1I1 survive the c\:piration. cance Ilation or expiration of th is Lease Agreement.
21. Hazanlous l\btct'ials. Lessee agrees that it \villnot use, generate, store or dispose or
an\' I-l,l/ardous tvLl1erial 011, uncleI', about or within the Lessor's Real Property in violation of any law or
regui:Jtion. Lcssor represents, warrants and agrees (1) that neither Lessor nor, ro Lcssor's knowledge, any
third party has used, g.::nCl'atcd, stored or disposed of, or permined the llse, generation, storage or
disposal of. any Halardolls rvlakrial (defined below) on. under, about 01' \vithin Lessor's Real Property in
violation of any law or regulaticll1, and (2) that Lessor will not, and will not permit any third party to use,
gencl'ate, sture or dispose or any Hazardous Ivlaterial on, under, about or within Lessor's Real Property in
violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmle?s
the oth"r and Ih" other's partners, affiliates, agents and employees against any and al! losses, liabilities,
churns ,mcjior cosrs (including reasonable: attorneys' fees and costs) arising from any breach of any
representation, walTanty or agreement contained in this paragraph, As used in this paragraph,
"Hazardous ivlaterial" shall mcan petroleum or any petroleum product, asbestos, any substance known by
the stare 111 which Les:;or's Real Propcl1}' is located to cause cancer andlor reproductive toxic.:ity, audioI'
any substance, chcmical or wa:;tc that is identified as hazardous, toxic or dangerous in any applicable
federal, slate or localla\v or regulation, This paragraph shall survive the termination of this Agreement.
22. Notices aud Deliveries. /\.ny notice or demand requircd to be given hCI'Cil1 shall be
made by certified or regis[cl'(:d mail, return receipt requested, confIrmed fax, or reliable overnight
delivery service 10 tile address of the respective parties set forth below:
Lessor:
Vertex Developmcnt, LLC
40S S Dale i\labry 1111')'" #244
Tampa. FL 33609-2820
:\[tn: Alan Ruiz
Tc:leplwnc: 813 335-4768
Facsimile: 313436-5674
Feclelal Taxpayer ID Number: 37- 1494273
Lessee:
Royal Street Communications, LLC
7557 Rambler Road, Suite 700
Dallas, Texas 7523]
Altn: ProperTy rVlanagcr
Tekphone: 2 J 4-265-G509
racsil1lilc: 214-265-6510
Copy to: Metro pes
Ann: Leasing!Zon ing f\"lanager
51 J South US I-Iwy 301
Tampa, FL 33619
813-830-5500
Page 7 of ]7
Sire No. ORD210
Site Address: [SOli \Vlnll'r Srrii:gs Bi',.'d. Wil1ll'l' Springs, Florida 32708
EXECUT10N COPY 710.06
01/00/00 12:00A P.008
lxsSDr or Lessee llIay from time to time Jesigllatc allY other adJress fur 110tices OJ' deliveries by vITitten
nUlicc tu the other party.
23. \lisccllaneous.
(a) SeveralJilih'. If any provision 01' the Lease Agreement is held to bc invalid or
unen!\.)ITeable by a court of competent jurisdiction with respect to any party, the remainder of this Lease
AgrcclTlcnr or the application or sllch provision to persons other than those as 10 whom it is held invalid
or Llncnf\.Jrceablc shall not be affected, each provision of this Lease Agreement shall be valid and
enforccZlblc [0 the fullest extent permitted by law, and the parties shall negotiZlte in good faith to amend
this Lease Agreement to retain the economic effect of the invalid or ullcnforceabk provisions.
(h) Binding Effect. Each party represents and warrants that said party has full
power and authority, and the person(s) executing this Lease Agreement have l"till power and authority, to
executc and deliver this Lease Agl'eement, and that this Lease Agreement constitutes a valid and binding
obligation of each party, enforceable in accordance with its terms, except as enlorceabilit) may bc
limited by applicable bankruptcy, insolvency, reorganization, moratmium 01" othel. laws affecting the
enforcemcnt of creditor's rights generally and by general equitable principles (whether enforcement is
sought in pmceeclings in equity 01. at law). This Lease Agn:;emcnt shall be binding on and inure to the
bt::nclil of the succc'ssurs and pcrmitted assignees of the respective parties.
(c) \Vaivcl's. No provision of this Lease Agreement shall be decmed to have been
wmv<:d by a par1y unless the waiver is in writing and signed by the party against whom eniol'cement of
thl: \\~lI\'cr is atlcmpted No custom or practice which may dcvelop between the parties in the
Illlpklll(;Illatioll or aJlninistratiun of tht: tt:rms of this Lease Agreement shall be construed to waive or
lesscn .1Il) I'ight 10 insist upon strict perlonilancc ofthc terms of this Lease Agreement.
(d) Governing Law. This Lease shall be governed by and construed in accordance
wirl1thc laws ofthc State in which the Premises are located.
(c) Attorncvs' Fees and Costs. The prevailing party 111 any legal claim arising
hcrcundc:r Sllcdl be entitled to its reasonable atto1l1eys' fees and court costs,
(I) SUI'Vival. Terms and conditions of this Lease Agreement which by their sense
and [(1Ilk:;! surv'ive the terInination, cancellation or expiration of this Lease Agreement \viII so survive.
(g) Memorandum of Leasc, Lessor acknowledges that a I'v1crnorandum of
Agl'eement substantially in the j()rm annexed hereto as E~hibit C \vill be recorded by Lessee in the Orlicial
Records of the COLlnty I\-here the Property is located.
(II) Entire Agreement: Amcndments, This Lease Agreement constitutes the entire
a!..'.I<:t:IlKIll and ullderstanding between the paliies regarding Lessee's lease of the Premises and
supersedes all prior and contemporaneous of rei'S, negotiations and other agreements concerning the
subject II1~HtlT cOlHailll:d hncin, There arc no representations or unclcl'standings of any kind not set fOlih
herein All) amendments to this Lease Agreement Illust be in writing and executed by duly authorized
reprc:senlativcs of both parties,
Page S of 17
Site Nu. O!ZD21 0
Sile AddreSS: 150U '.','liner Spllng~ Blvd. Winter Spring.s, Florid" 32708
EXlCUTION COP'/ 71006
01,-'00,-'00 12: OOA F'. 00:3
(i) No Presumptions Regarding Preparation of Lease _A~!yeell1ellt. The parties
acknowledge llnd agree that each of the parties has been represented by cOllnsel or has had full
opportunity to consult with counsel and that each or lhe parlies has participated in the negotiation and
drafting Df lh is Lease Agreemcllt. Accordingly it is the intention and agreement of the parties that the
I3nguage, krllls and conditions of this Lease Agreement an:; not to be construed in any way against or in
favor 01" any paIty hereto by l-C,lson of the roles and ['esponsibilities of the parties or their counsel in
COllll(:ction with the preparation or this Lease Agreement,
ISIGNATURE PAGE: FOLLOWS]
Page 9 of 17
Silt: No. ORD2! 0
Sile :\ddress 15i10 \\inlcr Spril\g:i Bhct Winter Spring>, Florida 32708
EXECUTION COpy 7 1006
01/00/00 12:00A P.010
11'\ WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their
duly authorized representatives on the dates set forth below and acknowledgc that this Lease
Agreement is effective as of the datc first above written.
LESSOR:
Print:
'j> :. f '.IV} ;;:., r ...<
L--{tfi; (:i /i, .... (<I Ii "
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Date:
Pa"e 10 of 17
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Site No.: ORD210
Sitc Addrcss: 1500 \Vinlcr Spring, 11lvd. \Vinlcf Springs. Florid~ 32708
EXECUTION COP'!' 710.06
01'00/0012:00A P.001
TOWER LEASE WITH OPTION
THIS TOWER LEASE WITH OPTION (this "Lease") is by and between Vertex Development, LLC, a Delaware
limited liability company ("Landlord") and T.Mobile South LLC, a Delaware Limited Liability Company ("Tenant").
I. Option to Lease.
(a) In consideration of the payment of (the "Option Fee") by Tenant to Landlord,
Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached Exhibit A
(the "Property"), together with the right to use the tower located thereon (lower") on the terms and conditions set forth herein
(the ~OptiOD"). The Option shall be for an initial tcnn of twelve (12) months, commencing on the Effective Date (as defined
below) (the "Option Period"). The Option D~'-;Arl m"v h", ...'l(tended bv Tenant for an additional six (6) months upon written
notice to Landlord and payment of the sum 0, ) ("Additional Option Fee") at any time prior to the
end of the Option Period.
(b) During the Option Period and any extension thereof, and during the tenn of this Lease, Landlord agrees to
cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the
Premises (as defined below) from all applicable government andlor regulatory entities (including, without limitation, zoning and
land use authorities, and the Federal Communications Corrunission ("FCC") ("Governmental Approvals"), including appointing
Tenant as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no
cost to Landlord, to obtain a title report, zoning approvals and variances, land-use permits, and Landlord expressly grants to
Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental
investigations on the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's
engineering specifications, system design, operations and Govenunental Approvals. Notwithstanding the foregoing, Tenant may
not change the roning classification of the Property without first obtaining Landlord's written consent During the Option
Period and any extension thereof, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and
permits or authorizations that relate to other property. During the Option Period and any extension thereof, Tenant may exercise
the Option by so notifying Landlord in writing, at Landlord'~ address in accordance with Section 12 hereof.
(c) If Tenant exercises the Option, then, subject to the following terms and conditions, Landlord hereby leases to
Tenant the use of that portion of the Tower and Property, together with easements for access and utilities, generally described and
depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises are located at 1500
Winter Springs Blvd, Winter Springs, FL 32708. Tenant's location on the Tower shall be at the 155' level of the approved
structure.
2. Term. The initial term of the Lease shall be seven (7) years commencing on the date of exercise of the Option (the
"Corrunencement Date"), and terminating at midnight on the last day of the initial term (the initial Tenn").
3. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication
signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, tower
and base, anteunas, microwave dishes, equipment shelters andlor cabinets and related activities. Approved Equipment is shown
on the attached Exhibit D.
4. Rent Tenant shall pay Landlord, as rent per month
("Rent"). Rent shall be payable within twenty (20) days following the Commencement Date prorated for the remainder of the
month in which the Commencement Date fulls and thereafter Rent will be payable monthly in advance by the fifth day of each
month to Vertex Development, LLC at Landlord's address specified in Section 12 below. If this Lease is terminated at a time
other than on the last day ofa month, Rent shall be prorated as of the date of termination for any reason (other than a default by
Tenant) and all prepaid Rent shall be immediately refunded to Tenant
5. Renewal. Tenant shall have the right to extend this Lease for fOUT (4) additional, five-year terms (each a "Renewal
Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein, except that Rent shall be increased by
. , -, of the Rent paid over the preceding term. This Lease shall automatically renew for eaeh
successIve Kenewal Term unless Tenant notifies Landlord, in writing, of Ten ant's intention not to renew this Lease, at least sixty
(60) days prior to the expiration of the Initial Term or any Renewal Term. lfTenant shall remain in possession of the Premises at
the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month-to-month
tenancy under the same terms and conditions of this Lease.
6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by
Landlord or lessees or licensees of Landlord, with rights in the Property prior in time to Tenant's (subject to Tenant's rights under
this Lease, including, without limitation, non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its
lessees, licensees, employees, invitccs or agents to use, any portion of the Property in any way which interferes with the
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opcrallons of Tcnant Such Interference shall be deemed a material breach by the II1terfcnng party, who shall, upon "Tirren
notice frolll the other, be responsible for terminating said interference, In the event any such Interferencc docs not cease
promptly, the parties acknowledge that continuing interference may cause irreparable mlury and, therefore, the ulJured party shall
have the right, in addition to any other rights that It may have at law or in eqUity, to bring a court action to enJoin such
intcrferencc or to temunate thiS Lcase Immedlatcly upon wrinen noticc.
7 Imrrovements: Utilitres: /lccess
(011 Ten:mt shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property
and facilitIes necessary to operate Its communicatIons system, including, without lImitation, radio transmitting and receiving
antennas, nllcrowave dIshes, tower and base, eqUipment shelters and/or cabinets and rebted cables and ut,lity lines and a location
based system, including, WIthout limItation, antenna(s), coaxial cable, base units and other associated eqUIpment (collectively,
the "Antenna Facilities"), as such location based system Illay be required by any county, state or federal agency/department
Tenant shall havc the rIght to alter, replace, expand, enhance and upgrade the Antenna Facilities at any time during the tenn of
this Lease Tenant shall cause all construction to occur lien-free and in compliance with all applIcable laws and ordinances
Landlord acknowledges that it shall not Interfere with any aspects of construction, including, without limitation, attempting to
direct construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as
defined below) ("ConstnlCtlon Interference"} Landlord further acknowledges that it will be responsible for any costs and
damages (includIng, fines and penalties) thar ,Ire directly attributable to Landlord's Construction Interference The Antenna
Facill!ies shall remain the exclUSive property of Tenant. Tenant shall have the nght to remove the Antenna facilities at any tune
during and upon the expiration or termination of this Lease.
(b) Tenant, at its expense, may use any and all appropriatc means of r,-,wicting acccss to the Antenna FacIlities.
including, without limitation, the construcuon of a fcnce,
Ie) Ten:mt shall, at Tenant's expense, keep and maintain the Antenna facilities now or hereafter located on the Property
in cOI1Ullercially reasonable condition and repair dunng the tcrm of this Lease, nornml wear and tear and casualty excepted.
Upon terminanon or expiration of thIS Lease, the PremIses shall be returned to Landlord In good, usable conditIOn, normal wear
and tear and casualty excepted
(d) Tcnant shall have the nght 10 Install utllities, at Tcnant's expense, and to improve the present utilities on the
Property (including, but not limited to, the Installalion of emergency power generators), Landlord agrees to use reasonable
efforts In assisting Tenant to acquIre necessary utility service. Tenant shall, wherever practicable, install separate meters for
utilllies used on the Property by Tenant In the event separate meters are not installed, Tenant shall pay the periodIC charges lor
all utilities anributablc to Tenant's use Landlord shall diligently correct any variation, interruption or failure of utilIty sen'lce
(e) As partial consideratIon for Rent paid under this Lease, Landlord hereby grants Tenant an Easements In, under and
across the Property for ingress, egress, utIlitIes and access (including access for the purposes descnbed tn Section I) to the
Premises adequate to install and maw.tarn uuhtIes, which include, but are not limited to, the installation of power and telephone
service cable, and to service the PremIses and the Antenna Facilities at all times during the Initial Tenn of this Lease and any
Renewal Tcrm (collectively, the "Easements", The Easements provided hereunder shall have the same term as this Lease
(I) Tenant shall have 24-hours-a-d8)'. 7-days-a-week access to the Premises ("Access") at all times during the Initial
Term of thIS Lease and any Renewal Term. In the event Landlord, its employees or agents impede or deny Access to Tenant, its
employees or agents, Tenant shall, withuut w:.Jiving any other rights that it may have at law or in equity, deduct from Renr
amounts due under this Lease an amount equal to five hundred and noil 00 Dollars (S50000) per day for each day that '\ccess IS
Impeded or denied.
S, TemunatJon. ExcepI 3S otherWise proVided herein, this Lease may be terminated, without any penally or further
lIabIlity as follows:
(a) upon thirty (30) days' written notICe by Landlord if Tenant fails to cure a dcfault for payment of amounts due under
this Lcase within that thirty (30) day period;
(bl immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior
to Tenant's installation of the Antenna Facilities on the Plemises, or if Tenant is unable to obtam, maintain, or otherwise forfeits
or cancels any licensc (includlllg, without limitation, an FCC license), permit or any Governmental Approval necessary to the
installation and/or operation of the Antenna Facllrt.es or Tenant's business;
(c) upon nmety (90) days' writlen notice by Tenant if the Propcrty or the Antenna FacIlities are, or become
unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communIcations system to
which the Antenna Facilities belong;
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(d) Immediately upon written notice by Tenant if the Premises or the Antennn Facilities are destroyed or damaged so as
in Tenant's reasonable Judgment to substantially and adversely affect the effective use of the Antenna Facilities In such event,
all rights and obligations of the parties shall eense as of the date of the damage or destruction, nnd Tennnt shall be entitled to the
rellllbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises
alld/or tile Antenna Facilities are restored to (he condition existmg Immediately prior to such damage or destruction; or
(e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the
Property sufficient in Tenant's deternlination to render the Premises unsuitable for Tenant's use, Landlord and Tenant shall each
be entitled to pursue their own separate awards with respect to such taking, Sale of all or part of the Property to a purchaser with
the power of el11lnent domain in the face of the exerCise of tile power shall be treated as a taking by condemnation.
9, Default and Right to Cure, Notwithstanding anythmg contained herein to the contrary and without waiving any
other rights granted to it at law or in eguity, each pal'll' shall have thc right, but not the obligation, to terminate this Lease on
written notice pursuant to Scction 12 hereof, to take effect immediately, if the other party (i) fails to perform any covenant for a
period of thirty (30) days aftcr receipt of wfltten notice thereof to eure or (ii) commits a material breach of tltis Lease and fails to
diligently pursue such cure to its completion aftcr sixty (60) days' written notice to the defaultmg party.
10 Taxcs Landlord shall pay when due all real property taxcs for the Property, including the Premises, In the event
that landlord fails to pay any slrch real property taxes or other fees and assessments, Tenant shall have the right, but not the
obligation, [0 pay such owed amounts and deduct them ii'om Rent amounts due under this lease, Notwithstanding the foregoing,
Tenant shall pay any personal property tax, real propeny tax or any other tax or fee which arc directly attributable to the presence
or installation of Tenant's Antenna Facilities, only for so long as this lease has not expired of its own terms or is not terminated
by either party, landlord hereby grants to Tenant thc fight to challenge, whether in a COUlt, Administrative Proceedmg, or other
venue, on behalf of Landlord and/or Tenant, any personal property or real propeny tax assessments that may affect Tenant. If
Landlord receives notice of any personal propeny or real property 1<L\ assessment against the Landlord, which may affect Tenant
and IS directly attributable to Tenant's installation, Landlord shall proVide timely notice of the assessment to Tenant sufficicnt to
allow Tenant to consent to or challenge such assessment. Further, Landlord shall provide to Tenant any and all doeumentalion
associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the mtent of thiS
Section 10. In the event real property taxes arc assessed against Landlord or Tenant for the Premiscs or the Property, Tenant
shall have the right, but not the obligation, to tel'minale thiS lease without further liability after thirty (30) days' written notice to
Landlord, proVided Tenant pays any real property taxes assessed as prOVided herein,
II, Insurance and Subrogation and Indemnification,
(a) Tenant will provide Commercial General Liability Insurance in an aggregate amount of One 1\-1 ill ion and noil 00
Dollars (~I ,OOO,DOO.OO) Tenant may satisfy this rc:quirement by obtaining the appropriate endorsement to any master policy of
liability insurance Tenant may maintain,
(b) landlord and Tenant hereby mutually release caeh other (and their successors or aSSIgns) from liability and waive
all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for
all pcrils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim
against the other. To the extent loss or damage IS not covered by their first party property insurance poliCies, landlord and
Tenant each agrec to indemnit}' and hold hannless the other party from and against any and all claims, damages, cost and
expenses, including reasonable attorney ices, to the extent eauscd by or arising out of (a) the negligent acts or omissions or
willfullllisconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors.
licensees, tenants and/or subtenants of the indemnifYlIlg party, or (b) a breach of any obligation of the indemnifying pany under
this Lea5c, r\otwithstandlllg the foregoing, thIS indemnification shall not extend to indircct, special, incidental or consequential
damages, including, Without limitation, loss of profits, income or business opportunities to the indemnified party or anyone
claiming through the indemnified party, The indemnifying party's obligations under this section are contingent upon (i) rts
receiving prompt written notice of any event giving rise to an obligation to indemnifying the other party and (ii) the indemniflcd
party's granting It the right to control the defense and settlemcnt of the same. Notwithstanding anything to the contrary in this
lease, the parties hereby confirm tllat the provisions of this section shall survive the expiration Or tennination of this Lease
Tenant shall not be responsible to landlord, or any third-party, for any claims, costs or damages (including, fines and penalties)
attributable to allY pre-existing violations ofapplicablc codes, statutes or other regulations governing the Property,
12, Notices, All notices, requests, demands Jnd other communications shall be in writing and are effective three (3)
days after deposit in the U,S, mail, certified and postage paid, or upon receipt ifpcrsonally delivered or sent by next-business-day
delivel;.' via a natIOnally recognized overnight COlmer to the Jddresscs set forth below, Landlord or Tenant lllay from time to
time designate any other address for this purpose by providing wntten notice to the other party,
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If to Tenant tQ:
T-\1obtlc
12920 SI: 3S'" Street
Bcllevuc, WA 98006
Altn: pes Lease Administrator
With a copy to: Attn' Le~al Dept.
With a copy .!Q:
T-Mobile South LLC
3407 W. Dr. Martin Luther King .If. Blvd
Tampa, FL 33607
Altn: Lcase Administration rv-1anager
If to Land]ord. to:
Vertex Development. LLC. a Delaware Innited ]iability eOl11pilny
405 S Dale i\1abry Hwy, #244
Ta!llp~l. I-I. 3360<)-2820
With a copv to:
13. QUIet Enioyment, Title and Authoritv. Landlord covenants and warrants to Tenant that (i) Landlord has full right,
power and authority to execute this Lcase; (ii) it has good and unencumbered title to the Property and the Tower free and clear of
any liens or mortgages, except those dise]osed to Tenant and which will not interfere with Tenant's rights to or use of the
Premises: and (iii) executIOn and perfomlance of this Lease will not violate any laws, ordinanccs, covenants, or the provisions of
any mortgage, lease, or other agrccmcnt binding on Landlord Landlord covenants that at all times during the tern1 of this Lease,
Tcnant's quiet enJoyment of the Prcmiscs or any part thereof shall not be dLsturbed as long as Tenant is not III default beyond any
applicable grace or cure period.
14. ~nvironmcnta] Laws. Land]ord represents that it has no knowledge of any substance, chemical or waste
(collectively, "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the
Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and
rcmediation as required by any app]icable environmental laws, all spills or other releases of any Hazardous Substance not caused
solcly by Tcnant, that have occurred or which may oeeur on the Property. Each party agrees to defend, indemnify and hold
hannless the other from and against any and all administrative and Judicial actions and rulings, claims, causes of action, demands
and liabiluy (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, tines, losses,
Judgments and reasonable attorncy fecs that the indemnitee may suffer or incur due to the eXistence or discovery of any
Hazardous Substances on the Property or the migration of any Hazardous Substance to other propertles or the release of any
Hazardous Suhstance into the environment (collectively, "Actions"), that relate to or arise !i-om the indemnitor's activities on the
Property Landlord agrees to defcnd, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property
not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term of this Lease. The
indemnifications in this scction specifically includc, without limitation, costs incurred in connection with any investigation of site
conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. This Section 14 shall
survive the termination or expiration of this Lease
15. Assignment and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the
Easements (as defined above) to any person or busincss entity which is authorized pursuant to and FCC licensed to, operate a
wireless communications busmess, is a parent, subsidmry or affiliate of Tenant, is merged or consolidated with Tenant or
purchases more than tift l' percent (50%) of either an ownership interest in Tenant or the assets of Tenant in the "Metropolitan
Trading Area" or "BaSIC Trading Area" (as those terms are defined by the FCC) in which the Property is located. Upon such
assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for
performance under th is Lease and all obligations hereunder Tenant may sublease the Premises, upon written notice to Landlord.
Tenant may otherwise assign this Lease upon written approval of Landlord, whieh approval shall not be unreasonably delayed,
\vithheld, condll1oned or denied.
Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna
Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders ofseeurity interests, including their
successors or assigns (collectively "ivlortgagees"), proVided such rvlot1gagecs agree to be bound by the terms and provisions of
this Lease. In such event, Landlord shall exccute such consent to leasehold financing as may reasonably be required by
Ivlortgagccs Landlord agrees to notify Tenant and Tenant's tvlortgagees simu]taneously of any default by Tenant and to give
Ivlortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the
Prcmiscs, except that the cure pel-iod for any Mortgagees shall not be less than thtrty (30) days after receipt of the default notice,
as providcd In Section 9 of this Lease. All sucl1 notices to Mortgagees shall be sent to Mortgagees at the address specified by
Tenant. Failure by Landlord to give Ivlortgagecs such notice shall not diminish Landlord's rights against Tenant, but shall
preserve a]1 fights of f\.1011gagees to cure any default and to remove any property of Tenant or Mortgagees located on the
Premises as provided in Section 17 of this Lease.
16 Successors and Assil,(ns This Lease and the Easements granted herein shall run with the land, and shall be binding
\lpon and Inure to the benefit ofthc parties, their respective successors, persona] representatives and assigns.
17. \Vaiver of Landlord's Lien. Landlord hereby waives any and ,t11 lien rights it may have, statutory or otherwise,
conceming thc Antenna FacilIties or any pOltion thereof, which shall be deemed personal property for the purposes of this Lease,
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whether or not the same is deemed real or personal property under applicable laws, and Landlord gIves Tenant and Mortgagees
the nsht to removc all 0[' any portion of the same from timc to time, whether before or aftcr a default under this Lease, in
Tenant's and:o: !\;lortgagee's sole discretion and without Landlord's consent.
IS. tvllseellaneous.
(a) The prevailing party in any litigation arrsing hereunder shall be entltlcd to its reasonable attorneys' fees and court
costs, including appeals. if any
(b) Each party agrees to furnish to the other, within twenty (20) days after request. slleh tt'Uthful estoppel information as
the other may reasonabl y request
(c) This Lease constitutes the entire agreement and understanding of the parties, and supercedes all offers, negotiations
and other agreements, with respect to the subject matter and property covered by this Lease,
(d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in
substanllally the fom1 attached hereto as Exhibit C necessary to protect its rights or use of the Premises. The Memorandum of
Lease may be recorded in place of this Lease, by either pany. In the event the Property is encumbered by a mOl1gage or deed of
trust, Landlord agrees, upon request of Ten ant, to obtain and furnish to Tenant a non-disturbance and attornment agreement for
each such mortgage or deed of trust. in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest
In thc PrCI111Ses. Landlord agrees to execute such documents as the title company may requIre in connection therewith,
tel This Lease shall be construed in accordance with the laws of the state In which the Property is located,
(I) If any term of thiS Lease IS found to be void or invalId, such findmg shall not affect the remaining terms of thlS
Lcase, vvhich shall conril1l1c in full force and effect The parties agree that lf any provisions arc dcemed not enforceable, they
shall be deemed modified to the cxtent necessary to make them enforceable Any questions of particular interpretation shall not
be interpreted agalllst the draftsman, but rather in accordance with the fall' meanrng thereof No prOVISion of this Lease will be
deemed waived by elther pany unless expressly waived in writing signed by the waiving party No waiver shall be implied-by
delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a
waiver of such provision with respect to any subsequent matter relating to such provision,
(g) The persons who have executed this Lcase represent and warrant that they are duly authorized to execute this Lease
in their individual or reprcsentative capacity as indicated,
(h) This Lease may be executed in any nu'rnber of counterpart copies, each of which shall be deemed an original, but all
of which together shall constItute a single instrument.
(i) All Exhibits reterred to herein and any Addenda are incorporated herein for all purposes. The parties understand
and acknowledge that Exhibit A (the legal descI'iption of the Property) and Exhibit B (the Premises location within the Property).
may be attached to this Lease and the r\.'lemorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the
preparation of final, morc complete exhibits, Exhibits A, and/or S, as the case may be, which may have been attached hereto in
prehminary fonn, may be replaced by Tenant with such final. more complete exhibit(s). The terms of all Exhlbits are
incorporated herein for all purposes
Ij) If I_andlord is represented by any broker or any other leasing agent, Landlord is responsible for all commission fee
or other payment to such agent, and agrees to indemnify and hold Tenant harmless from all claims by such broker or anyone
claiming through such broker. If Tenant is represented by any broker or any other leasing agcnt, Tenant is responsible for all
commission fee or other payment to sLleh agent, and agrees to indemnify and hold Landlord harmless from all claims by such
broker or anyone claiming through such broker.
The effective date of this Lease lS the date of execution by thc last party to slgn (the "Effective Date").
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Vertex Development, LLC. a Delaware lirni!.cdJiaW.ity company
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Alan Ruiz ( ____ ,/ PI)! Nabe./ ~i'iX.)7!~/,/{gJ"
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'I-Mobile South LLC
,WITNESSES:
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Print Name 8'1-0 ;2.J1 A 'y~' ,c!...c 0...:>
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DlrcctOJ, Engineering & Operations
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Orlando
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Vertex Development, LLC
ANTENNA SITE APPLICATION (ASA) &
REQUEST FOR OCCUPANCY FORM
In order to determine occupancy suitability and enter into a Tenant Lease. please furnish
the information in the blue fields by typing over the descriptions. Then return the completed ASA with
a $1,500 Application Fee. Once the ASA is finalized, formal lease documentation shall commence.
Direct all correspondence to:
Vertex Development, LLC att: Alan Ruiz e-mail:alanruiz@earthlink.net Date ASA transmitted to Carrier: I January 9, 2006 I
405 South Dale Mabry Highway, # 244 cell: 813.335.4768
Date ASA retumed from Carrier:
Tampa, FL 33609-2820 fax: 813.436.5674
Lessee: I SprintlNextel I
Lessee Contacts: Leasing Contact RF Contact Construction Contact
Name: Dennis Olivo Name: David Coniglio Name:
Phone #: 419-392-3170 Phone #: 407-230-.9743 Phone #:
Fax#: 813--623-3022 Fax #: 407--475-1911 Fax#:
e-mail Dennis Olivo@lcccom e-mail. david.coniglio@mail.sprint.com e-mail:
Subject Tower:
Vertex Site Number: FL 1056FL 5032 Tenant Site Number: OR60XC515-D Tower Utilization: I I
Vertex Site Name. Tuscawilla Tenant Site Name. WINTER SPRINGS
Type:
T................. as ..ro.f.,.....-f c........r\.~ro.........
I' '","rY1\:#lI unOUl U.GV '-"fU1P_HHGI lI...
I
Rad center.
Total # of antennas:
Type of antenna:
Antenna manufacturer:
Antenna model #:
Type of mount
"Lines of coax
~Coax size:
Lt::Vt::1 VIII:::
115
3
dualpole
EMS
RR-6518-VDPL2I-R
vertical
6
1518
Rad center.
Total # of antennas:
Type of antenna:
Antenna manufacturer:
Antenna model #:
Type of mount
**Lines of coax
~Coax size:
Levei Two
I _. ._' ,1.-___
LeV!;;:1 Illlt::t::
Rad center.
Total # of antennas:
Type of antenna:
Antenna manufacturer:
Antenna model #:
Type of mount
HLines of coax:
"Coax size:
Comment I
Comment: I
I I
I I
I
**AII coax shall be blocked or bundled
Additional tower mounted equipment (TMA, GPS, etc)
I 1 st add,lional item I I Rad center I
I 2nd add,tional'tem: I I Rad center: I
IGrOUnd Mounted Equi~ment:
I Required ground space: I 20 X 25 l Sh~lt8r or Pad eq:':lpment I
I t,dditi"-"nal grr.' 'nrl. '-1-'01 'n'ed e"; .ipen"n! (Dr Dr ge"-',,:>,-al'-"'" f, ;01 t<nk et.~)'
I" 'N. 'VU U ,., u. , ,-;u,._ , v, ,,~ V" .v~ .u., , .v..
I 15t additional item ~ I Locelion: I
I 2nd addittonai ,tern: I I Location: I
I
I Power,1f e!co Requirements:
I
i
I
I
I
I
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Voltage:
Service All,;perage
!3E!c~Jmu1 method'
120f240V
200A
Phase:
Size: 1
Size: I
~
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camment'-----il
.
I
Co.""""' I i III
Comment I . .
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Size I
IR- E'.
I j-- miSSions:
I
I
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Level One
Level Two:
Level Three"
I ERP (watts) Frequency (r\4Hz)
54.07 1900
,
,
Vertex Development,LLC
ANTENNA SITE APPLICATION (ASA) &
REQUEST FOR OCCUPANCY FORM
In order to determine occupancy suitability and enter into a Tenant Lease, please furnish
the infonnation In the blue fields by typing over the descriptions. Then return the completed ASA with
a $1,500 Application Fee. Once the ASA is finalized, formal lease documentation shall commence.
Direct all correspondence to:
vertex Development, LLC all: Alan Ruiz e-mail:alanruiz@earthlink.net Date ASA transmitted to Carrier: I January 9,2006 I
405 South Dale Mallfy Highway, it 244 cell: 813.335.4768
Date ASA returned from Carrier:
Tampa, FL 33609-2820 fax: 813-436.5674
Lessee: Verlzon WIreless Personal Communications LP, a Deleware limited
hip dIbIa Verizon WIreless
Lessee Contacts: Leasing Conlact RF Conlact Construction Contact
Name: Amy Cochran Name: Pete Nason Name: Chris Lee
Phone it: (813) 928-7893 Phone #: (321) 263-2734 Phone #: (813) 404-1626
Fax #: (772) 365-6319 Fax#: (407) 916-5088 Fax #: (813) 6154902
e-mail: ochran.1VV erizon VVireles e-mail: iPeter.Nason{(j)VerizonWlreless.con e-mail: rj s. LeetmVerizonWireless. C
Subject Tower:
Vertex Site Number: I FL 5032 I Tenant Site Number:1 80321..- I Tower UtiIizalion:1 I
Tuscawilla Vertex Tusc:awIfla Flagpole
Tenant Site Name: Type:
vertex Site Name:
Tower Mounted Equipment:
Level One Level T 11\10 Level Three
Rad center: 135' Rad center: 135' Rad center: 135'
T etal it of antennas: 1 Total it of antennas: 1 T etal ## of antennas: 1
Type of antenna: X-pol panel Type of antenna: X-pol panel Type of antenna: X-pol panel
Antenna manufacturer: CSA Wireless Antenna manufacturer: CSA Wireless Antenna manufacturer: CSA WtreIess
Antenna model #: PCSX085-18-2 Antenna model #: PCSX085-18-2 Antenna model #: PCSX085-18-2
Type of mount See spec sheet Type of mount See spec sheet Type of mount See spec sheet
*"Lines of coax: 2 ""Lines of coax: I 2 -Unes of coax: 2
-Coax size: 1 518" -Coax size: 1 5IB" -Coax size: 1 51B"
I -All coax shall be blocked or bundled I
Additional tower mounted equipment (TMA, GPS, etc.):
1st additional item:: N1A I Rad center: I I Size: I I Comment I I
2nd additional item: n..,... N1A Rad center: I I Size: I I Comment I I
Ground Mounted Equipment:
Required ground space: I 10' x 24' I Shelter or Pad equipment I Pad I Comment I I
iAdditional ground mounted equipment (pPC, genefator, fuel lank, etc.):
1 st additional item: I 4' x 7' Propane ~ank I Location: I TaD I Size: I 4'x7' I Comment I Propane Tank Lease Area I
Lease Area R 'red
2nd additional item:l I Location: I I Size: I I Comment I I
PowerfTelco Requirements: RF Emissions:
Vol1age: 220 ERP (walls) Frequency (MHz)
Service Amperage 200 Level One: 307 150 -1965 TX, 1870-1885
Phase: Single Level Two: 307 50 - 1965 TX, 1870-1885
Backhaul method: T1 Level Three: 307 50 - 1965 TX, 1870-1885
Vertex Development, LLC
ANTENNA SITE APPLICATION (AS A) &
REQUEST FOR OCCUPANCY FORM
In order to determine occupancy suitability and enter into a Tenant Lease, please furnish
the infonnation in the blue fields by typing over the descriptions. Then return the completed ASA with
a $1,500 Application Fee. Once the ASA is finalized, formal lease documentation shall commence.
Direct all correspondence to:
Vertex Development, LLC att.: Alan Ruiz e-mail:alanruiz@earthlink.net Date ASA transmitted to Carrier: January 19, 2006
405 South Dale Mabry Highway, # 244 cell: 813.335.4768 Date ASA retumed from Carrier: January 30,2006
Tampa. FL 33609-2820 fax: 813.436.5674
Lessee: I New Cingular Wireless I
Lessee Contacts: Leasing Contact RF Contact Construction Contact
Name: Susie Lee Name: Dan Wehmeyer Name: Steve Jensen
Phone #: (407) 256-6398 Phone #: (407) 222-0012 Phone #: (407) 761-0213
Fax #: (240) 379-2498 Fax#: (866) 253-7302 Fax#: (321) 263-0193
e-mail: slee1@bechtel.com e-mail: dan.wehmever@cinqular.com e-mail: seiensen@bechtel.com
Subject Tower:
Vertex Site Number: FL 5032 Tenant Site Number I TBD I Tower Utilization: I I
Vertex Site Name: Tuscawilla TBD
Tenant Site Name: Type:
Tower Mounted Equipment:
Level One Level Two Level Three
Rad center: 127' Rad center: Rad center:
Total # of antennas: 3 Total # of antennas: Total # of antennas:
Type of antenna: panel Type of antenna: Type of antenna:
Antenna manufacturer: Decibel Antenna manufacturer: Antenna manufacturer:
Antenna model #: DB858HDDH90-SX Antenna model #: Antenna model #:
Type of mount TBD Type of mount Type of mount
"Lines of coax: 6 "Lines of coax: "Lines of coax:
'**Coax size: 1-5/8" **Coax size: '**Coax size:
I -All coax shall be blocked or bundled I
Additional tower mounted equipment (TMA, GPS, etc.):
1 st additional item: I 3 TMAs I Rad center: I 127' I Size: I I Comment I I
2nd additional item: I 3 Diplexers I Rad center: I 127' I Size: I I Comment I I
Ground Mounted Equipment:
Required ground space: I 10' x 20' I Shelter or Pad equipment I pad equipment I Comment I I
Additional ground mounted equipment (PPC, generator, fuel tank, etc.):
1 st additional item: I I Location: I I I I Comment I I
2nd additional item: I I Location: I I Size: I I Comment: I I
PowerfTelco Requirements: RF Emissions:
Voltage: 120/240 V ERP (watts) Frequency (MHz)
Service Amperage 200 amps Level One:
Phase: Level Two:
Backhaul method: Level Three:
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TenT~ Of Rene-7YBl 'Term shaH be proraie.d. iJ_.t~ ,,=h -~i H'_ ~",,-...ir-'5~"'" t ~.... L__~ ~ .:{. -"- r, 1~} Hl -n~:I.'-'v
Suite 144, Tampa, FlDrida 33(AYi; At'''f,ti'-'~~C~~~;~: }'~"~::-Cl:~;:;:~~';!~:~~~ <~~~~~t~:~; ~;i~~~;~~;;:-,>
A_greemenl ;1fC (:{lnditionffi uT~,orr TeIi;~llf s r0-=~-ipt of an aCA'":UIatc and CX(~~-utc-.d 'rli ~9 Fon::n frum L:indlDn:L l~ejii
s.haIl be in(,"n;a..~ on ~ch ffnnrVf:fSaIY oftb~ [:olt~~rnencem_cnt [)ate bv fu~ r-nnDunt ~~Tu.i11 to
~ - ^
~:rQi;iJ~
Df ill e
r:_...~ ~-
~(j~Hi ~~'H' ~iH~
~ ~'_A~' ~ '.' ~ ~ ._,~_
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..n~ "HU_
- ..~. --.. .-.
.. ... .~- ..~.._-
c-nntrihutlon fe.e in the :-1mcunt uf
n iffipfQye--;:nenIS,
-. "- rrcnaIlt I-L"-l5 111c TIvht tr~ ("'_nnctr-nc,j _fn~'Hlitarn.., lrrSlli1i~ -;---~,,~;~ ~y--.,_v -. v' -; ~
on illt; PreilllY::s ."dio L"HTI!,mmc,,,.!o;;S taG:!-iiti~~,-i!1~i~d~\;'~but !lot hmited to ,ru;';~~e;~;:;~;~;;~~,~~ =.,] u~~.;~~
~~:g;~;~~~~~Lr;~~ ~~~if::;:;,,~~~~~:e~<~~~:t~':'l~~;;~e~~::~t~:,~~:;~,;~ ~3~E~::;=~:
.. .--
llK;reV/ita, 'i'en~iut h~lS Hit; iigl!t to au aU w0rk i1~~~"f to pre{:.are and rnaintajn the Promjse~s
c{':;rnrn~H'1ic=.rtiDllS UL.~ratiOlli and
f""r.::- T=~<,,::;=-=~;r
......"~ ,!i;, "-'H...L~.'t'{. .~
to in..stall utility lines and transmi5Siol-:. lilies WililiX.,-dU? ~.lit~:iii~i::; tu u-a.usmii.t~rs
,",'n.d TP.l. -v::;>. "T".'iVE':.f"~... '~'I ... ,~",.Jl"'::2 t:" I"""',"","~-"~"""'" _....-I ._........."11__ -".. "J! ~ ......J -. m '... ":
,.;......... ;;...~. ~~7~'~ ~:: .::;,~.~ ~:....;~~.:.:.;;,'z ,,"""~J-<;l~jt..lU~Uva ~A.u.U_ 1,u..~lai.:ti:nlon ":'U1E: si;,ai~ co(: p(:_~iOt1TI9:J at ler@1]t-s SOh': co,S;t i!.H~.;
~xpen~e ;;;.rui m a gc=od and wOIk-y:.1;;!-:~!l.-c :fir..uner. . H~- I . - 't !~.h'.U .....~~4iHP- ..~~- -~- "'1!l.--cC-A - 1. ~ .'
Premi= by Tcn~nt c;t-",ij be held 1Ty T{;nanf Of its l:d:~C();~~:~:;~'":~~~~:t ~~,~~;:. '-t~;::~~~r~":!~;~r::~:
rcriilive the 'Tefi~ni Fi!i;iliu{;s ai its Sl..!!e sll:peuE.e en Of before the expi!~_~;_Gn or eart.er termination of: th~s
::~:~~i~~;~ic~:;l~~~~~<:!~;~~;':~~~~~' .;~~:~G S~1~'l~~:~s ~='~~=~~~:~~'~~~~i~~:~~:wn~~~~:~ ~~
;l>;~~'i:~~~~~~~~~,,~'~::;;~: '<:::~bi~"~=::::;~;=:~:::1~~J7:i1Y ~nd ;1thct'.~1SC iCStore tte
R. . ."__'.
~~~~_~n~~)~~~_
L:-indk1rd ;~h:~ill prmi.-de 1 en.;;lnl,
;-,,:'n-o;:",-n-r-c
~. .....-L'.-'._"-"--"-_... ,,~
agents;- CDllUacilir:-... Si~bi;:iJ,Utral.:;tO[S
and
~i~'5_~_gH~
__----:.,cL . __.
WH.ll ~~:o...;z:":'~
tu li!ePrefRiE.:::~ t-;venty",fhnr (24) hout".:: 3.
dc~:'"~
se-\<~n
cE TIn Cllillge- I0
..- .~. . - -
i i;:,.rranr. L-anUiC?!-U g:-~~!t:ns t? -f~n;lnl and 'renanr's a..gcnt~"' employees <Ulti (zJnuac1.n:ts,., a ~~n-exclH5~v~ Kight &:!_d
~.3~~J~:-:_~Ht !O[ ~-}t:".1~;1J]an and ~/eh1cu_ffir 1n5i.~.SS and egre:::.s aGn)s.,~ the PT~'pc.!iy.:o arui s~~h .ri~clIt and cascrnent may be
dL".,Scnbcd generally in E'{hfbi1 E --
7.2 L-:tgdloni sb.aH !H3inr.;.:rui ail aCl<::e:~ marit;-'ifaYS fiOiH t-.~._~_~ fiC~~Ie-Si. public rc~uw~y ~o tt1:C
j:'TCf.H.Ct.;S "tn '-~ .L.~{illlCr ;:;uft1cicni ill allOl7" F~~~.stri?ill ;H-~.d V[:-!~,,=,:i1i;u aL1:..-e:ss at .aU tirr:~es ~.u:~der H:0rntal ''1.;,c:cJhcr
(:)nu!t!o!ts. Landlord :o;tirli~ ~~; ~~f~nsfDj~ EH ,vj!1lli~ning and. repairing SU!.1l Inad1Y'3yg~ at 1ts &-Jlc e:<pCIlsc. e,"~cep1
ior an~? d~';i!~;.;gc i,"::-iuSi_:d hy !,i,..:!Eillt s!..L.~ Of SUCH f~}3uWaVS,
.i, ~~if. ~l ~y'~ .iW: v~;'ll u;.a.w ii.:i:3ialleu <:i..Ho, ~;e K:'~iOnS1Dl[: lor !~ n~"!1: utih1:v b!H~.
<>
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lli~c~i.tZ@l1Cf;.
t ef1Ar!f~
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i7 "'......;1 ;:}-~",,-,
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L':GrHuiiance
---:., ~~
V-';i!.H
~y ~ ~ .
aH rt:.ijen.li
C...)rilin.illL.lcati~1ns !:':o~n_missjog {.>::';f"(~~(~',: reG,.n~n~SCT1S lIiCi";u:.~~..np fh~"'"'l~ """,,_u1~:L':~:___ . . r - .
~ .._. _ _ ~. _ . _.ou...-:;: __........_ j1.1,-.n\'~'!~Ldb :inI~::!CIelli~2 It.l. (.On:HnlliU~:aUDr6
:~1l:~1~~ ~~~::~~~O~~~:,~~~ l~~-:~~:~~::;t:~~S.;~~: ~:~~~~~;/~~~;:;~~~: ~~~~~~::~!~~~:::;t::~:~:~,~~
L'..~__..~i ~.~"";",_, ..:\1 .1 ~..
~i~;:~~~lS 't~~:~f;r::~:;-~r ~;~;:~} '-:I::;~~~~~-~:~~ .~~st;~:~i;~= ~:ti:'~-'~~i~:~~i~~:~~~
----.---'--,.....,.~.~~-~~'~-.....-.~--__._.,.,~~......_~.,."'...~".,,'''''''''''___......~.'''~~_.....__~_v_~__''',.......__~~.~._.,.,.~,.,...~.,,_.~___
~''-- ~'!\~1E: \'.:r1c:"
'.'>-rr "" ".'Or.V'L' "'v' '''::f,)
> '..' . ~ . . " ." . -' . -'. .', - ,
are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use
best efforts to climinate such illtertCIence in a reasonable time period. Landlord's failure to comply with this
paragraph shall be a material breach of this Agreement
'I lax~. Tenanl shall pay personal property taxes assessed :Jgainsl the Tenant Facilities and
Law.Hunj shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the
Premises or this Agrcemem.
10. Termination.
10.1 This Agreement may be terminated without further liability on thirty (30) days prior
written notice as follows. (i) by either party upon a default of any covenant or lernl hereof by the olher party.
,vhich deftrult is not cured ,,<vithin S~A1y (60) da).'s of receipt of ''''litten notice of default, except that this AgrcCITICnt
shall n01 be lcnninaled If the default carmol reasonabiy be cured withw slIch sixty (60) day period and the
defaulting pat~y has cornmcnccd tv cure t1;(; default itViiJiiii suell si~\i.y (GO:; Jay period aud diiigc!lti) pur~ucs the
cure to cornpletion; p.ro'vjdc~ that the grace period fOf 3ny m{)n.ct~~ry defcH_ll i~; t~n (JO) d2)'"S ffon:~ receipt of~:vrittcn
H(l{li..,:(: .
i'B!::;; :~,glCCinent
Hl}~Y be If:rIninated bv Ten~'nF H'ithou~. fnn..ht~f H3bthtv tor ;:lIP/ fCaSD:!1 or T0r
.~.-" ..............-....
.... " -_...,
OL.'."' ~ V'.H.,.,,~a..
~ ':L_dU ~L,.;_ '0 ~,,; \':,riUen HClice of tcnnirwODD iG L;'lndl<>;::j p[i~)~ ~('; tht: C0HilnCfi.c..:.Tdcni 1.);1;'....:,
/\ft~;r the ~niual tc:rnL
WiS
fn~1~
aLSU !lC icnruna~ed
'~. (~n;-EH
\.~'-,Hh-;!H fUrl h!"t.
---,., _+>. -.,...- .---.,-.
DF
(AO)
\,-Titten fH:=Hlce if T errant ..
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.~:~~...:.~~~:~: ~.;-=~, ;"'-'"'t...:..LJ.;"'U~"".
hc-ense f~ennli ;jU.U10n{\/ Of appr(}\'a!tl"orn any g;'J\-'crnrncnt31 ~u!ti10n~~,:, rhu~."
"rf;D3.Iit fn.1n1 !TIstalhGQ:.
n::pjacmg,
u~ainiauling or operating the
1'__H"~"" [:-.,.~;i:~: _.~ ~,_
.. \""'Hd.IH .i .~,",~i..UC~ ,n
F'n~:EilSt':'~S in th~ iHlliH1.Cf intended
.~'cn;]rH
, ,
11
L1estrocuon 0] CUnde!nI!~J;,i0rL
1l In~
:~'Y"~",-:, .....-.:::'
... .. -~.:~. ~~"'...~~
""',r-
>"'~
~enJ.IH
h .-,r', l ,';., ,~'"
.t G....:u..u.....""::;
11fC
c':" ,.,.', " '<'''''~
u<.:l,i.1i.a.~",u.
dcstro~vcd,
cDndGHlnea t)[ nansfe-rred jn heu of condc.rnnation renant rrra.y elect 1c: t;-::mlinate this
the ltllnagc:, destrLiC!1oH-, CDHdcHination t,')l transf~:;r LiJ hz:u or GGHdC:illnatlOH UV ?HvHlE. iii..il',,'" ~n i...:,uld!ord no mOJ(~
as of" i he date- or
(.UndCiHn.21LhHL if '~f't:BaH! choose::-; noi_ ~o terrn.inalc- ul1S l'\greerne.nL Rent shaH be reduced or abated in proporTIon to
the ~l;.::ti..i~l! !t,.",n;:r;u_:...~.;:.... ~J[ ~tbat:;:-g1-21~L c/ 'G--;C 01 tL..e YL,;1!11~....:5
H1J.n f(jrt~'.-fi\'e i4S) day:;; fono~ving Ul{; date of Slh.'.h d~!n1age,
'.:01!dCnHi~itiGn Of tI""~tnsftr in heu of
i!}~g.r~~Q;~__~Hbn}g"!.!}i,-='l~...r:I:_..d In~~mlnl~Y
I', 1
",:" ~
Tenant shaH prG\,'idc C:ornrncrci;ll (;cnc:f2.I
':U::-d._= ,-::~~..._ l j-' ~1n ~tggr\'~gaLl: GIHount of
,-.ni.C i\-'Hid.){~ ~HKl i~ijjiGO [;oihii'~ {S;LOOn,OGfj,(JO)
cn-dQrS-C:H!'.:~'n! 1.0 :Ht} rH,,1~i:.'f pJE.:Y c.:. llaG-"<;~l-) rEsura..n;:c 1 ClldiE .i.iS\' ilialnLdln
Tenani IHay saUSiv
j h~"'~ :rP!H1H':'H:0I'!!
.-<-.......... ~......,~~~~ ......~A....~.
by obta!ning the
1 -, '""';
L.andlord :U1C
'ren~Hn ht:f~b}
................
--.,.---.,.--- -
e;-H":H
Uti lCr {
thC:Lf
succe.ssors (:'[
~ss~;~s) frC;H! liability and \vai1.-e aU rjght of recovery ag::linS5 the ULuer f()~- ~tny loss or o::11n3-g;:; co\'cred by their
rcsp{x::lh.'e nr;';!-p~DY pf0rJ"~rl:y insui"ance polic~es for all ~-{~ri!s ~nsurcd thcrc~.lndcr fH the c;.ceIH Df suell insured lDss.
IH'1:n:"t
i.'.l5UraHCe COlnp~lnv shaH ha\-'C a SUbrC2:dtcd claira d2~~.1 nsi
- ~ <-" ,
.1...- -.,5.. '.,_
Ui~ '"_"'i,.;,,:;
f2.1
Lalld~ord anulcnani sj!~H c''ich
." . ,~
iHOCJJ.lHffv,
fI:::ifnu :~j'~:1
!.nl(i
the nHH-'!' hH..l.rrnless trnn:
dt'.ti
~Ei
claUDS, 10558s1 Eahilltics} d2J:lagcs~ costs., and c::,:pcnses ~,lnC!Uulng
co~~s and expenses) (coHectivciy 't..GSSc~r) arising from the
~"'-J"'~"-" n ,-.!-, 1,.
.;. .....~~\..H~av..'.....
attorneys and.
Cf~i! Sl~ i i{in~ S.
3g:~H1s, cUl.pioyees Of contractors
l;..'[HI Df c-onditiun of this j~grccn~cHt or IroIn the ncgiigeiiC:~ (H ;-v'dlh..d. juis.couduct of thz:. iHQernnifYl!l~. pintv 01 its
brca.ch of an)"
a,:; of tll~~ FJT~.(;Hv>.2 DlllC of U!i~ .AgreeH~ent and sur,,7i~Je the terrn~n;H_H~~n Of th~~ L\greemcn!,
in or ;ibr~ut the Propeny. T'te dnti.:s ac:;cnhcd ~n !h15
L,,;,,_"'
..- -
sIiall 3.DnIy
j ~
~~,:.0~Jgn.fncnt
'fhls A.eTcemcnt llifF/ be 5cld.
-- -'
Of iL1 n;r(~~rF:d
{he 1\;nant v/ithout ail\:.
~DDro\-al Of CGH5cnt of die L;-~nd!()fd to rr~;naHrS lcnder{s~ pHfS!iaiH in :.i f!!::-Hh:!Ug ~1t:TC.Cln(;nL or to ,he ~renaH1.~S
~~;".c;~__--.l
1jj. ~lj',.>llH:I
subsidiaries of Its priTIcipai~ to ;~~ny
!.b:SeL\ I!i
rH}n-kCl dc:f~ ned tfi
~hc: Fe-dcfai. (\.nnrnnDica~jfHlS ('0fr=rnl;';;f.:-:FYI ".
v~-hich ;:l:;!..Fllres all or suosiantal1v all of Tcrran(s
. -
~.. h ,.-,... ~.,. .'~
..~. . . ,. .. ....-
,. , . . '. - ..
Pfop~rty is loc~lt~:;d
---,~-__-~ "__~" _'____~_.__~__...~.~_u~......._..._______.._~......._~,_~_~~___~__..,.___'_"_~'~'_~'__~"'~'_~_______'__'__'~.___"_
~_.--*lidIiI
SITE NA\1E '.'t"r!C;''tTU:;':;:l'.'::L
SrlT NI..i~fBER;Ft-OR.LleJ
i"t2ison Ul ..... rncfgC!. ur ULlU.;T bu~iHess reurgJlllz..~..n1.01L liS to OU.1cr pardcs, HilS 1\...grCCH.1CIlt nlay not b:.:.;
soid. assIgned or translerred wlUloul the wnlten consent ot the Tenant wluch such consent will not be
nnreason;Jbly withheld or delayed TCrh'illt may sublet the Premises within its sole discretion, upon notice to
Landlord. Any sublease that 15 emcred into by Tenant shall be subject to the provisions of this Agreement and
shall be biuding upon the succcssors~ assigns, heirs and legal representatives of the respective parties hereto..
i~. l.!Y~'!lld ~?tj;[lJoym(:Ilt.
[~ndloHl rcprCS('~It~
anti
\".--:~r-r-:ODi:,:;
.. ....'~ ...........-"'....
DElI
it n:l5 full rigl:.!~
t".......... -~,
-~"-''''''''--~J
t:xecute HilS Agreemem, (III lenant may peacefully and qwetly cn!ov the PremIses and slIch access thereto
::-=-.--:"":,~~(L--,~ d,,::t "'r:---n:qn1 < :,":.~ ,;-0 :-1:-'~'~::;H h,-';;'.;n{L:,,' .~n~~, ~-;.t;~~-i--r:o- ~F"-1.
,-,', ::" i ,-.-. n-..... :""-.,';,-.A,, [;:;....: ~ h.",,:- I"~"'_~'; ..,..-,A
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~li g~\.-:C:0::'{1J ':,' ;1l)~nUV5i..0 .t1HU L:{iil~;"::iH:~_ ~'HH~ tnrs taKen aU nece~.:~lli~' act.H)I! to en;~bic Ltlndinrd to enter ~nto rhls
/"~::'.;'"~~~""n~0~~. ..~:"_~ ?}~"'''':i: ".~--';":'~~f'; ~.,.--, ~f-;d,:l! -~~"d r~~'-,..:"'::,'":.:' d,~~
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CHV~rOn!n(,:.F~a.ii~n~' Of I\C:ElH~Hon HI. fJfL ttHUCr Hnon f1r
~fE~ Prn-r-e~",'- Tf!f~ !;n~ rt 'P/~n !~0t !l('f'nl~~ 'd':;;f"ff pr
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lh~ (:;J~~ {Ji LiiIHHoni i HHH UH': o\,:o,'HershlD f)f Ci}rn:fO~ {r( Of ODeraoons !f1 or :-!hnul ~h~ Pr~nertv nv 1,~rHi!nf'd ('1"1"'
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01/00/00 12:00A P.005
----
SITE t;A.ME: Vcrt~'( Tuscawill&
SITE NUMBER:FL-ORL I 09
lito Tenant. to:
With a copy to:
If to Landlord_ to:
CleaIWirc US LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, W A 98033
Telephone: 425-216-7600
FflX: 425-216-7900
Clearwire US LLC
I Attention: Legal Department
4400 Carillon Point
I Kirkland, W A 98033
i Tc1cphO"'" 4"'''-216,'6(\n
I L U UV. ~~ . , '"
i Fax: 425-216-7900
-~--------~--
Vertex Development:, LLC
Attention: Alan Ruiz
405 S. Dale Mabry Highway
Suite 244
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Tampa~ Florida 33609
Tclcphonc:t~J}) 335-47~,X
l..andlord or TenH-Tlt may from time to tinlc designate any oilier address for tP..is pu...rpos.e by \vritten notice 10 the
other paIly_ .<~H notic.es hereunder shall be deemed received upon actual receipt or refusal to nccept dciivery
~ g ~~iltkjng,_~~~ Ligl11l.ru; Landlord shall bc responsible fOf c().ulpli~!tc:~ '.viLh ~!H Hl{-itk in,s ~Hld
lighting rcq!!~n:;Inen~:-:, of the Federal p.,,-\,'iati(!TI A.drnjpjstralion C-;'Fj\.r~:l'} and thcF(~(~ Should 'T'cn;,ult he C11Cd
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01/00'0012;00A P"006
SITE NAME: VertexTusc:twilla
SITE NUMBER:FL-ORLl69
IN WITNESS WHEREOF, the parties have entered into this Agreement effective upon the date of
execution by all parties.
LANDLORD:
Vertex Development, LLC, a Delaware limited liability
company
By:
~~
Alan Ruiz
f'\6 r-..
Name:
Title: Manager
Date: &/1~/()7
I I
TaxLD"4~~ - /-<lCf4d7.;
LCoch;eCiJ1
TENANT:
Clcarwire US LLC, a Nevada limited liability company
Name
-101m A Storer
:J\~ t"re.s!dent - NeThvork Deployr-nent
Print Name:
By:
C-....c~
Title:
Date: 0 r _ 1-(' - 0 1
Vertex Development LLC
STA1E OF FLORIDA
COUNTY OF HlLLSBOROUGH
01/00/00 12:00A P.007
S[TE N^"\1E; V <itex Tus<:.wiJla
S[1o NUMBER:FL-ORL[ 69
)
) ss.
)
I certifY that I know or have satisfactory evidence that Alan Ruiz is the person who appeared before me,
and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the Manager of Vertex Development, LLC, a Delaware limited liability
company, to be the free and volun f such party for the uses and purposes mentioned in the instnuncnt.
Dated: 6{P
I certifY that I know or have satisfactory evidence that John A. Storch is the person who appeared before
me, and said person acknowledged that hc signed this instrument, on oath stated that he was authorized to execute
the instrument and acknowledged it as the VP Network Deployment of Clearwire US LLC, a Nevada limited
liabiHtv company. to be the free a.,d voluntary act of S"tlch party for the u~es and purposes mentioned in the
ilislTIlH1Cnt. ,r~ r.. J
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l \ ^ . , r,[ '1::-':-1- I,,) I ,n f ! I \/1 I n
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n.,..;~ - j~-c ^ I 'I fA I J l' I,ZI./1/1 ! f J 1/L/1
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rv1y comrnission expires ~.~71,:L.,:I~-1---._.~~__.~.___=
-, '
\.."..,..". AM
~~~:.. .:~~ Y A. COCHRAN
~. .~ Commission II DD 417630
~~"" ~i My Commission Expires
"..~,~,,, JUly 0 I. 2009
(Use this space for notary stamp/seal)
ST A 1E OF WASHINGTON
COUNTY OF KING
.-- ~-_..- .-~
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....~:;-...:...~ ,(5.;::-
.\,_.,.<c'\\'::'>...A"':S'"':-=-:..~'''"
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Notary Public
Print Name Amv ochran
My commission expires July L 2009
)
) 55.
),
01,'00/00 12: OOA
F'.001
Vl(1) 2).2007
'"
ver'>:IOnwireless
,:'T~;;;.,':.
['0: 1\111Y Cochran
Vel1cx I)cvclopment, LLC
405 South Dille Mabry Highway.
;';'244
Tampa. fL 33609-2820
Verizon Wireless
777 Yarnato Road
Suite GOO
Boca Raton, FL 33431
Re: P,'oposcd Tower Collocation, Tuscawilla Site [D# 80321 at Winte,' Sp,'ings, FL.
Dear Amy:
Themk you for informing Verizon Wireless of the proposed tmver that Vertex Development is
planning to build at 1500 \Vinter Springs Blvd, Winter Springs Florida 32708. Vcrizon \Vireless
has determincd that it has a nced for additional coverage and/or capacity that could be served by
a collocation on thc proposed communications tower. I will be contacting YOII to discuss your
proposed site in more detail and to obtain periodic updates as to }llUr progress to obtain final
zoning approval.
Veriwn \Virelcss will consider entering into a collocation agreement with Vct1ex Development,
U.C to collocate on the proposed to\ver to the extent that Vertex Developmcnt LLC obtains all
necessary governmental approvals, and assuming that the paJ1ies can come to terms on a
collocation agreement with terms and conditions acceptable to Verizon Wireless.
This letter is not a commitment by Verizon Wireless to enter into a collocation agreement, and
this letter should not be relied upon by VCliex Development, LLC in that regard. A binding
agreement Cor the lease of any tower space horn Vertex Development LLC shall not exist until a
final, definitive, and fully negotiated collocation agreement has been fully executed and
del iwred, Fut1her, it is understood by all parties that Verizoll Wireless reserves the right to
simultaneously negotiate with other landlords for sites in the immediate geographical area in
which the Z1bo\'c described proposed communications tower is to bc located, and there is no
assurance whatsoever that Verizon \Vireless will conclude a deal for the above described
proposed communications tower unless and until a collocati on agreement is fully executed and
delivered,
Cordially.
,/Josephirie Condt\ Real Estate and Construction ~1anager
Cc: Jason Hillenbrand. Project Manager
Vertex Development, LLC
Tuscawilla Tower
Property Owner Notice List
Lot # Name Street Address City State Zipcode
172 William & Teresa Elwood 1010 E. Pebble Beach Cir. Winter Springs FL 32708
171 Michael & Kerry Steck 1012 E. Pebble Beach Cir. Winter Springs FL 32708
170 Penelope Anderson Trust 1 014 E. Pebble Beach Cir. Winter Springs FL 32708
169 Annie Hernandez 1016 E. Pebble Beach Cir. Winter Springs FL 32708
168 Margaret Ricotta 1018 E. Pebble Beach Cir. Winter Springs FL 32708
167 Mary J. Burrows Trust 1020 E. Pebble Beach Cir. Winter Springs FL 32708
166 Joan Brotherton 1022 E. Pebble Beach Cir. Winter Springs FL 32708
165 Dorothy Piccinin 1024 E. Pebble Beach Cir. Winter Springs FL 32708
164 Shirley Schlinger 1026 E. Pebble Beach Cir. Winter Springs FL 32708
163 William & Nancy Cook 1028 E. Pebble Beach Cir. Winter Springs FL 32708
162 Kenneth & Joan Bradley 1030 E. Pebble Beach Cir. Winter Springs FL 32708
161 Eileen Carey 1032 E. Pebble Beach Cir. Winter Springs FL 32708
160 Barbara Nixon 1034 E. Pebble Beach Cir. Winter Springs FL 32708
159 Dustin Dittmer 1036 E. Pebble Beach Cir. Winter Springs FL 32708
158 Victor & Sylvia Tisdel 1038 E. Pebble Beach Cir. Winter Springs FL 32708
157 Frank & Donna Parker 1040 E. Pebble Beach Cir. Winter Springs FL 32708
132 Sabine Hermening Trust 1013 E. Pebble Beach Cir. Winter Springs FL 32708
133 Cullen & Carole Reaves 1015 E. Pebble Beach Cir. Winter Springs FL 32708
134 Betty Lucas 1017 E. Pebble Beach Cir. Winter Springs FL 32708
135 Paramjeet Sandhu 2140 Firestone Ct. Oviedo FL 32765
136 Judith Rosenblatt 1021 E. Pebble Beach Cir. Winter Springs FL 32708
137 Dewey & Marie Vaughn 1023 E. Pebble Beach Cir. Winter Springs FL 32708
138 John O'Dell 1025 E. Pebble Beach Cir. Winter Springs FL 32708
139 Theodore & Gertrude Mader 1027 E. Pebble Beach Cir. Winter Springs FL 32708
140 Eugenie Rastonis 1029 E. Pebble Beach Cir. Winter Springs FL 32708
141 William Poole 1031 E. Pebble Beach Cir. Winter Springs FL 32708
119 Payton & Helen McDonald 1168 E. Winged Foot Cir. Winter Springs FL 32708
118 Donald & Aurora Basti 1170 E. Winged Foot Cir. Winter Springs FL 32708
117 Johnnie & James Moore 1172 E. Winged Foot Cir. Winter Springs FL 32708
116 Bernard & Ruth Jean Ostle 1174 E. Winged Foot Cir. Winter Springs FL 32708
115 Dorothy Malone Trust 1176 E. Winged Foot Cir. Winter Springs FL 32708
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
July 11 , 2007
City of Winter Springs
Community Development
1126 East State Road 434
Winter Springs, FL 32708
Reference: Vertex Development Communication Site
1500 Winter Springs Blvd.
Gentlemen:
Sprint Nextel supports the above referenced application of Vertex Development to
construct a communication site to service the Tuscawilla area. Sprint Nextel is
interested in the collocating on the site once the site is constructed. The site will
provide needed wireless service to the Sprint Nextel customers in the surrounding area.
SinCerelY,. / _
0~-
~i~arper
Market Manger, Central Florida
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "SOl" at the July 11,2007 Board Of Adjustment
Regular Meeting.
07111/2007 11: 44 FAX 407327888:5
WINTERSPRINGS
~ 002/002
'''1:1''1,-
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Via Hand Delivery
July 11, 2007
City of Winter Springs
Planning and Zoning Board
1126 East State Road 434
Winter Springs. Florida 32708-2799
Re: Crown Castle International-
Application for new telecommunications Structure in Tuscawilla, Florida
Dear Planning and Zoning Board,
This letter is submitted by the authority of Crown Castle Intemational.
Crown Castle International, an applicant seeking approval to construct a new communications
facility in Tuscawilla, regretfully requests that its application for pennit be withdrawn from further
consideration. Crown understands the concerns expressed by the City review staff as it relates to the
leased area and structure height. Unfortunately, Crown seeks to facilitate the co-Iocation of as many
carriers as possible. Hence, any height and space restrictions would significantly thwart this objective.
Crown Castle International is appreciative for the time and consideration the City of Winter Springs
provided it in this maUer.
~\\-
le.ra egi J;'\
It's Consultant
Cc: Crown Castle International
rl1~u i ries@awsollltioilsir!c,Go!))
www.ew~~ol(ltionsins ,coni
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "SOl" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "SOl" at the July 11,2007 Board Of Adjustment
Regular Meeting.
=~~~
. " . '~tja
The City of Winter Springs, Florida
Present Tower Locations
Squares are sites specified in the Code
Red Dots are unoccupied sites
Blue dots are currently occupied sites
Numerals estimate the number of carriers at a site
Figure 1
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Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "SOl" at the July 11,2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "SOl" at the July 11,2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "SOl" at the July 11,2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "501" at the July 11, 2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "SOl" at the July 11,2007 Board Of Adjustment
Regular Meeting.
Date: July 11, 2007
The attached documents were presented into the Record by Ms.
Mary D. Solik, Esquire, during the discussion of Public Hearings
Agenda Item "SOl" at the July 11,2007 Board Of Adjustment
Regular Meeting.
July 11, 2007
Board of Adjustment
The attached was referenced during the discussion of
Public Hearings Agenda Item "501 "at the July 11, 2007
Board Of Adjustment Meeting.
~
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Source: ELS Engineering & Land Systems and Land Design Innovations, Inc" October 2001
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Map 1-4:
Future Land Use
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'-------
1
o
1 Miles
NMAJOR ROADS
/.\/ LOCAL STREETS
NCITY OF WINTER SPRINGS
MUNICIPAL BOUNDARY
_ WATER FEATURES
~ CONSERVATION OVERLAY
FUTURE LAND USE:
D Residential Rural
D Residential Low
Ir' :':J Residential Medium
_ Residential High
D Town Center
D Greenway Interchange
D Mixed Use
_ Commercial
_ Public I Semi-Public
D Industrial
D Recreation
g Conservation
II
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* LAND DESIGN INNOVA:~
140 Orlando Avenue, Suite 295
Winter Park, Florida 32789
407-975-1273
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Springs
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Map is for graphic representation purposes only;
actual data must be verified by City staff.
Map 1-4:
Future Land Use
l
I
o
1 Miles
I
NMAJOR ROADS
/\/ LOCAL STREETS
N CITY OF WINTER SPRINGS
MUNICIPAL BOUNDARY
_ WATER FEATURES
~ CONSERVATION OVERLAY
11:'-
FUTURE LAND USE:
D Residential Rural
D Residential Low
o Residential Medium
_ Residential High
D Town Center
D Greenway Interchange
D Mixed Use
_ Commercial
_ Public I Semi-Public
D Industrial
D Recreation
mil Conservation
N
* LAND DESIGN INNOVA~~::.~
140 Orlando Avenue, Suite 295
Winter Park, Florida 32789
407-975-1273