HomeMy WebLinkAboutClear Wireless LLC Telecommunications Tower Collocation Consent Agreement - 2010 22 01 TELECOMMUNICATIONS TOWER
COLLOCATION CONSENT AGREEMENT
THIS COLLOCATION CONSENT AGREEMENT ( "Agreement ") is entered into by and
between the City of Winter Springs, a Florida municipal corporation ( "City "), and Clear Wireless
LLC, a Nevada limited liability company authorized to conduct business in Florida ( "Clear
Wireless ").
Whereas, City is the owner of real property located at 1126 East S.R.434, Winter Springs,
Florida 32708 which is legally described on Exhibit "A" ( "Leased Property"). A copy of Exhibit
"A" is attached hereto and fully incorporated herein by this reference; and
Whereas, City entered into that certain Site Agreement for Land, dated December 12, 1997
("Site Agreement ") with APT Tampa/Orlando, Inc., a Delaware corporation ("APT "); and
Whereas, APT constructed a one hundred sixty -five foot (165') slip hole communications
monopole which is designed with spaces to collocate the antennas of three (3) commercial mobile
radio service operators ( "Tower "); and
Whereas, APT has since changed its name and has been merged into T- Mobile South LLC
( "T- Mobile "); and
Whereas, as part of the merger, T- Mobile assumed all responsibilities and obligations under
the Site Agreement as if T- Mobile were an original party and signatory of the Site. Agreement; and
Whereas, Clear Wireless desires to collocate on the Tower; and
Whereas, City desires to consent to Clear Wireless collocating its communication facilities
on the Tower under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
herein contained, the receipt and sufficiency, of which are hereby acknowledged, the parties hereto,
intending to be legally bound hereby agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and hereby incorporated herein by
this reference.
2.0 Consent to Collocation. The City hereby consents to Clear Wireless collocating their
communications and related facilities on the Tower on the Leased Premises. In furtherance of
consenting to the collocation, the City also consents to Clear Wireless entering into the Sublease
with T- Mobile for the use of a portion of the Leased Property ( "Subleased Parcel ") and the Tower.
The Subleased Parcel is depicted on Exhibit "B," which is attached hereto and incorporated herein
by this reference. The use of the Subleased Parcel shall be limited to operating and maintaining
Page 1 of 9
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
communications equipment and related facilities in order to effectuate the collocation. City also
consents to Clear Wireless' use of the non - exclusive utility easements and non - exclusive ingress and
egress easement to the Leased Property. The easements were granted to T- Mobile (f/k/a APT) by
the City and are legally described under the Site Agreement. The easement legal descriptions are
attached hereto as Exhibit "C" and incorporated herein by this reference. Clear Wireless agrees to
fully comply with the terms and conditions of the aforementioned easements and further agrees that
Clear Wireless shall not in any way overburden the easements or interfere with the City's and any
other authorized user's right to use the easements.
3.0 Term. The term of this Agreement shall commence on the date that the last party hereto
fully executes this Agreement. The City acknowledges and agrees that Clear Wireless shall have the
right to collocate on the Tower for an initial term of five (5) years with four (4) renewal term(s) of
five (5) years. This Agreement shall automatically renew unless: (i) Clear Wireless has provided the
City written notice of its desire not to renew prior to the renewal; (ii) the City has terminated this
Agreement pursuant to paragraph 22.0 of this Agreement; (iii) Clear Wireless is in breach of this
Agreement, in which case, this Agreement may only be renewed if the City agrees to the renewal in
writing and Clear Wireless cures the breach; or (iv)Clear Wireless is in breach of the Sublease
Agreement with T- Mobile, in which case, the Agreement may only be renewed if the City and T-
Mobile agree to the renewal in writing and Clear Wireless cures the breach.
4.0 Termination of Site Agreement. If the Site Agreement is terminated by T- Mobile or
City and Clear Wireless desires to continue collocating on the Tower space, Clear Wireless may do
so by entering into a written lease agreement with the City which shall require direct payment of
rental proceeds to the City.
5.0 No Assignment. This Agreement shall not be assigned or transferred, unless the
assignment is consented to in writing by the City.
6.0 Third Party Rights. This Agreement is not a third party beneficiary contract and shall
not in any respect whatsoever create any rights on behalf of any party not expressly a party to this
Agreement.
7.0 Further Assurances. From and after the execution of this Agreement, each of the
parties hereto shall fully cooperate with each other and perform any further act(s) and execute and
deliver any further documents which may be necessary or desirable in order to carry out the purposes
and intentions of this Agreement.
8.0 Severability. If any provision of this Agreement is held to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless remain in full force and effect, unless the
absence of the invalid, void or unenforceable provision or provisions causes this Agreement to fail
in its essential purposes.
9.0 Governing Law and Venue. This Agreement shall be construed and enforced in
Page 2 of 9
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
accordance with the laws of the State of Florida. The parties further agree that in any dispute between
them relating to this Agreement, exclusive jurisdiction shall be in the state circuit courts located in
Seminole County, Florida, and in the federal district court in Orlando, Florida, any objections as to
jurisdiction or venue in such courts being expressly waived.
10.0 Attorney's Fees. In the event any litigation or controversy arises out of or in
connection with this Agreement between the parties hereto, the prevailing party in such litigation or
controversy shall be entitled to recover from the other party or parties all reasonable attorney's fees
and paralegal fees, expenses and suit costs, including those associated with any appellate or post -
judgment collection proceedings.
11.0 Non - Waiver. No delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any
other right, unless otherwise expressly provided herein.
12.0 Notices. Any notice, request, instruction, or other document to be given as part of this
Agreement shall be in writing and shall be deemed given under the following circumstances: when
delivered in person; or three (3) business days after being deposited in the United States Mail,
postage prepaid, certified or registered; or the next business day after being deposited with a
recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy
transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such
other person or at such other address, of which any party hereto shall have given written notice as
provided herein):
To City of Winter Springs: City Manager
1126 East SR. 434
Winter Springs, Florida 32708
PH: (407) 327 -5957
FAX: (407) 327 -4753
To Clear Wireless: Clear Wireless LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
PH: (425) 216 -7600
FAX: (425) 216 -7900
With a Copy to: Clear Wireless LLC
Attn: Legal Department
4400 Carillon Point
Kirkland, WA 98033
13.0 Counterparts. This Agreement may be executed in any number of counterparts, each
Page 3 of 9
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
of which when so executed and delivered, shall be an original; but such counterparts shall together
constitute but one and the same instrument.
14.0 Public Record. It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of the
Clear Wireless related to this Agreement, may be deemed to be a Public Record whether in the
possession or control of the City or Clear Wireless. Said record, document, computerized
information and program, audio or video tape, photograph, or other writing of Clear Wireless is
subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the
specific written approval of the City. Upon request by the City, Clear Wireless shall promptly supply
copies of said public records to the City. All books, cards, registers, receipts, documents, and other
papers in connection with this Agreement shall during normal business hours of Clear Wireless be
open and freely exhibited to the City for the purpose of examination and/or audit.
15.0 Interpretation. The City and Clear Wireless have participated in the drafting of all
parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement
shall be interpreted more harshly against either of the parties as the drafter.
16.0 Independent Contractor. Clear Wireless shall be considered an independent
contractor under this Agreement.
17.0 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements, either oral
or written, and all such matters shall be deemed merged into this Agreement.
18.0 Sovereign Immunity. Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right
to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the
City's potential liability under state or federal law. As such, the City shall not be liable under this
Agreement for punitive damages or interest for the period before judgment. Further, the City shall
not be liable for any claim or judgment, or portion thereof, to any one person for more than one
hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when
totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising
out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars
($200,000.00). This paragraph shall survive termination of this Agreement.
19.0 General Liability Insurance. Clear Wireless shall purchase and maintain, at its own
expense, such general liability insurance and automobile liability insurance to cover claims for
damages because of bodily injury or death of any person or property damage arising in any way out
of Clear Wireless' use of the Subleased Parcel, Tower, or utility and ingress and egress easements.
The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined
single limit for bodily injury liability and property damage. This shall include, but not be limited to,
automobile liability of owned vehicles, hired and non -owned vehicles, and employee non - ownership.
Page 4 of 9
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
All insurance coverage shall be with insurer(s) approved by the City Manager and licensed by the
State of Florida to engage in the business of writing of insurance. The City shall be named on
the foregoing insurance policies as "additional insured." Clear Wireless shall cause its insurance
carriers to furnish insurance certificates and endorsements specifying the types and amounts of
coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no
insurance under such policies will be canceled without thirty (30) days prior written notice to the
City in compliance with other provisions of this Agreement. If the City has any objection to the
coverage afforded by or other provision of the insurance required to be purchased and maintained
by Clear Wireless in accordance with this paragraph on the basis of its not complying with the
Agreement, the City shall notify Clear Wireless in writing thereof within thirty (30) days of the
date of delivery of such certificates and endorsements to the City. The City, at its discretion,
reserves the right to require Clear Wireless to obtain reasonable increases in the insurance
coverage set forth in this paragraph. Clear Wireless shall continuously maintain such insurance
during the term of this Agreement in the amounts, type, and quality as required by this paragraph.
20.0 Indemnification and Hold Harmless. Clear Wireless shall indemnify and hold
harmless the City and its employees, officers, attorneys, agents, and contractors from and against all
claims, losses, damages, personal injuries (including but not limited to death), or liability to the
person or property (including reasonable attorney's fees through any and all administrative, trial, post
judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors,
omissions, intentional or otherwise, arising out of or resulting from Clear Wireless' and its
employee's, agent's, and contractor's use and occupancy of the Tower and utility and ingress and
egress easements. This indemnification shall survive the expiration or termination ofthis Agreement.
The indemnification provided above shall obligate Clear Wireless to defend at its own
expense or to provide for such defense, at the sole option of the City, as the case may be, of any and
all claims of liability and all suits and actions of every name and description that may be brought
against the City or its employees, officers, and attorneys which may result from Clear Wireless' and
its employee's, agent's, and contractor's use and occupancy of the Subleased Parcel, Tower, and
utility and ingress and egress easements. In all events the City shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be subject to and included with this
indemnification provided herein, as long as said fees are reasonable.
21.0 Standard of Care. In using the Subleased Parcel, Tower and utility and ingress and
egress easements, Clear Wireless shall use that degree of care and skill ordinarily exercised, under
similar circumstances by reputable members of its profession practicing in the same or similar
locality.
22.0 Termination. If Clear Wireless defaults in fulfilling any of the covenants of this
Agreement and such default shall continue for sixty (60) days after Clear Wireless' receipt of written
notice from the City specifying the nature of said default, or, if the said default so specified shall be
of such a nature that the same cannot be reasonably cured or remedied within such sixty (60) days
and Clear Wireless shall not in good faith commence the curing or remedying of such default within
Page 5 of 9
Gleam/ire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
such sixty (60) days and shall not thereafter diligently proceed therewith to completion, then in any
one or more of such events this Agreement shall terminate and come to an end as fully and
completely satisfied and Clear Wireless shall then quit and surrender the Subleased Parcel and the
right to use the utility and ingress and egress easements as provided herein and remove its
communications equipment and related facilities as set forth in paragraph 33.0. Clear Wireless shall
have the right, without penalty, to terminate this Agreement upon thirty (30) days prior written notice
to City if, at any time, Clear Wireless terminates its agreement with T- Mobile. Upon such
termination, neither party hereto shall have any further obligation to the other except for those
obligations listed in paragraph 33.0 herein and for those which survive the expiration or termination
of this Agreement.
23.0 Clear Wireless' Signatory. The undersigned person executing this Agreement on
behalf of Clear Wireless hereby represents and warrants that he /she has the full authority to sign the
Agreement on behalf of Clear Wireless and to fully bind Clear Wireless to the terms and conditions
set forth in this Agreement.
24.0 Not Recordable. The parties understand and agree that neither this Agreement nor
any sublease shall be recorded in the public records.
25.0 Hazardous Materials. Clear Wireless represents and warrants that its use of the
Subleased Parcel, Tower, and the utility and ingress and egress easements will not generate any
hazardous substance and that it will not in violation of any applicable law or regulation, store or
dispose on or near the Subleased Parcel, Tower and the utility and ingress and egress easements, any
hazardous substance. Clear Wireless shall indemnify and hold harmless the City and its employees,
officers, attorneys, agents, and contractors from and against all claims, losses, damages, personal
injuries (including but not limited to death), or liability to the person or property (including
reasonable attorney's fees through any and all administrative, trial, post judgment and appellate
proceedings), directly or indirectly arising from the generation, storage, disposal, transportation or
use of Hazardous Materials by Clear Wireless and its employees, agents, and contractors on the
Subleased Parcel, Tower and the utility and ingress and egress easements. For purposes of this
Agreement, Hazardous Materials shall mean gasoline, petroleum and other petroleum by products,
asbestos, explosives, PCBs, radioactive material or any "hazardous" or "toxic" material, substance,
or waste which is defined by those or similar terms or is regulated as such under any statute, law,
ordinance, rule or regulation of any governmental authority having jurisdiction over the Subleased
Parcel, Tower or utility and ingress and egress easements or any portion thereof or its use, including
any material, substance or waste which is defined as: (i) a "hazardous substance" under the Water
Pollution Control Act (33 U.S.0 Section 1301 et seq., as amended); (ii) "hazardous waste" under the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq., as amended); (iii)
a "hazardous substance" or "hazardous waste" under the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended or any other superfund law); (iv) a "hazardous
chemical" under 29 C.F.R. Part 1910; or (v) a "pollutant" or "contaminant" under 42 U.S.C. Section
9601. This indemnification shall survive the expiration or termination of this Agreement.
26.0 Liens. Clear Wireless shall keep the Subleased Parcel and utility and ingress and egress
Page 6 of 9
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
easements free from any liens arising out of any work performed for, materials furnished to, or
obligations incurred by or on behalf of Clear Wireless. Clear Wireless shall also hold the City
harmless against any such liens and shall take immediate action to remove any such lien should one
be filed against any property owned by the City as a result of work performed or as a result of under
this Agreement for or on behalf of Clear Wireless.
27.0 Condemnation. If the whole of the Subleased Parcel or utility and ingress and egress
easements, or such portion thereof as will make said parcel unusable for the purposes herein
subleased, are condemned by any legally constituted authority for any public use or purpose, then
in either of said events the term hereby granted shall cease from the time when possession thereof
is taken by public authorities, and rental shall be accounted for as between Clear Wireless and City
as of that date.
28.0 Damage or Destruction. Notwithstanding any other provision of this Agreement,
Clear Wireless shall bear the risk of loss or damage to its communications equipment and personal
property on the Subleased Parcel, Tower, and utility and ingress and egress easements, except to the
extent such loss or damage is caused by the negligence or willful misconduct of the City. Under no
circumstances under this Agreement will the City be liable to Clear Wireless for economic loss, lost
profits, loss of business, loss of market share, or any other incidental, punitive, special, or
consequential damages of any nature whatsoever even if informed of the possibility of such damages.
29.0 Maintenance. Clear Wireless shall be solely responsible for maintaining its
communications equipment and personal property in a safe and good condition, working order, and
repair. Clear Wireless shall be solely responsible for promptly repairing damage to its
communications equipment and personal property. Clear Wireless shall keep the Tower and utility
and ingress and egress easements free of debris and anything dangerous, noxious, or offensive in
nature which would crease a hazard or undue vibration, heat, or noise.
30.0 Utilities. Clear Wireless shall provide for its own utilities, if required, and shall be
responsible for paying such utilities.
31.0 Taxes. Clear Wireless shall pay any and all taxes and assessments levied upon Clear
Wireless's communications equipment and personal property used or kept on the Tower or utilities
and ingress and egress easements.
32.0 Rent. Clear Wireless acknowledges and agrees that Clear Wireless shall pay T-
Mobile One Thousand Four Hundred Twenty Five and 00 /100 Dollars ($1,425.00) per month to
collocate on the Tower and that rent shall be increased on the anniversary of the commencement date
of that sublease in an amount equal to three percent (3 %) of the previous years rent. Clear Wireless
also acknowledges and agrees that the City shall receive fifty percent (50 %) of the aforementioned
rental proceeds from T- Mobile pursuant to the Site Agreement. Clear Wireless agrees that the
sublease rental amount shall not be decreased or eliminated without the express written consent of
the City. Should Clear Wireless fail to make the rent payments under the sublease, the City shall
Page 7 of 9
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
have the right to immediately terminate this Agreement and in such case Clear Wireless shall also
immediately remove its communications and related facilities from the Tower and utility and ingress
and egress easements.
33.0 Removal of Equipment. Upon termination of this Agreement, Clear Wireless shall,
within sixty (60) days, remove all of its communications equipment and related facilities from the
Tower and utility and ingress and egress easements and restore said property to its original above
grade condition. If such time for removal causes Clear Wireless to remain on the Subleased Parcel
after termination of this Agreement, Clear Wireless shall pay rent directly to the City in the amount
of four thousand and no /100ths ($4,000.00) per month until such time as the removal of the
communications equipment and related facilities are completed. Upon termination of this
Agreement and removal of Clear Wireless's communication equipment and related facilities shall
be released of any liability occurring on the Subleased Parcel and utility and ingress and egress
easements after such termination and removal.
34.0 Modification. Modifications of this Agreement shall only be made in writing
signed by both parties.
35.0 Compliance with Laws. Clear Wireless shall comply with all local, state, and
federal laws and regulations regarding the construction, placement, maintenance and use of Clear
Wireless' communications equipment and related facilities.
36.0 Signs. Clear Wireless shall not place any signs) on the Subleased Parcel, Tower or
utility and ingress and egress easements.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year written above.
CITY OF WINTER SPRINGS:
By: evin L. th City Manager
Date:
Page 8 of 9
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
CLEAR WIRELESS LLC:
Print Nam r— RAJ BERI
Title:
Date: \ / I S I to
Page 9 of 9
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
EXHIBIT A
The Leased Property is described as follows:
Parent Tract Legal Description
Lots 1 through 25 and including Hoover Street, Luttrell Lane, and the South one -half (S %) of 2 " Street of Luttrell
Park according to the Plat thereof as recorded in Plat Book 11, Page 44 of the Public Records of Seminole County,
Florida, being a portion of Lot 27, Block B of D.R. Mitchell's survey of the levy grant as recorded in Plat Book 1,
Page 5 of the Public Records of Seminole County, Florida, lying Northeasterly of State Road 419 (Sanford - Oviedo
Road).
•
•
•
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
EXHIBIT B
R
-
ii
E XISTING ELEVATED META.
CRATE PLATFORM
EXISTING EXISTING ICE BR10GE
EXISTING TBD -0'
ICE BRIDGE MONOPOLE EXISTING UnUTV
H -FRAME
f _x__x x x--x x x
x- x -x -x -x
I EX15riVC ��
x I CENEMtOR
x
EXISTING
x �� ELECTRIC I Conn r -0' HIGH
EXISTING X CHAIN -ANN FENCE
ICE BRIDGE --
EXISTING x r
TELCO L
F PUU . C _ EXISTING x
a opium=
I I x
x
\ EmsnNC EXISTING
x \ `LADDER PAD own H- FRAME
1
PROP0.�'ED JUCTIC I BOx EXISTING x
IIOUNIT:D ON 4'0 CALV. Me / ICE BRIDGE I
- -
STEEL POST, SEE DETAIL x ��
m I / i
Mr rLCO " / ExlsnN c
D / £ I IT PAD x PROPOSED CLEAR WIRELESS ANTENNA
"'" - --.. s........._ / EXISTING WLM ROUTED UNOERCROUNO IN
/ (2) 1' SOH. 40 PVC CONDUIT,
I M S HEL i DETAIL • EXISTING EXISTING / _ EQUIPMENT ENT SHELTER 108
EQUIPMENT EXISTING / EXISTING
ON CONCRETE x H -FRAME / I5•- 0'X22• -0'
PAD I / ELEVATED METAL X
GRATE PLATFORM
Ill r MOUNT GPS ANTENNA ON UMW
] -0•1 x EXTENDS ABOVE ROOF F ADJAC�F..IT
I EQUIPMENT SHELTER, SEE DETATL
EL I \ i _ x OS
x O L_ . .. - I
o 01 _ — — EXISTING
y UTX11Y 14-FRAME x
T iiiiE x x __ X_ R pTRFI RS ELECTRIC SCH 40 PYC tTA1L® OF ELECTRIC SERVICE (1V BE
�� SEE DETAILS CONFIRMED BY mum
2� vM
PROPOSED CLEAR WIRELESS NOTE
•
T- 0'47' -0' LEASE AREA
MAINTAIN MINIMUM OF r -0' CLEARANCE BETWEFJL
JUNCTION BOX PIER AND TOWER FOUNDATION.
EQUIPMENT LAYOUT
SCALE- 1- - TO• -0-
l0' 5 , 0
10'
MEM
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010
EXHIBIT C
•
The easements are described as follows:
15' UTILITY EASEMENT "A ":
All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East,
• Seminole County, Florida, being a portion of Luttrell Park according to the plat
thereof as recorded in Plat Book 11, page 44, Official Records of Seminole County,
Florida, and being a 15 foot wide utility easement lying 7.5 feet left and right of the
following described centerline:
Commencing at the Northwest corner of said Luttrell Park; thence South 18° 58' West
a distance of 157.00 feet to a point; thence South 71° 01' 50" East a distance of 36.44
feet to the Point of Beginning; thence South 26° 01' 48" West a distance of 17851 feet
to a point; thence South 18 58'•10" West a distance of 129.59 feet to a point lying
7.50 feet Northeasterly of the Northeasterly right -of -way line of State Road No. 434; -
thence 173.81 feet, along the arc of a curve lying 7.50 feet Northeasterly of and
parallel with said right -of -way line, said curve being concave to the Southwest, having
a delta angle of 00° 18' 33 ", a radius of 38429.24 feet, a chord bearing of South 38°
02' 18" East, and a chord of 17381 feet to the Point of Termination.
15' Ingress /Egress Easement:
. All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East,
Seminole County, Florida, being a portion of Luttrell Park according • to the plat
thereof .as recorded in Plat Book 11, page 44, Official Records of Seminole County,
Florida, and being more particularly described as follows:
Commencing at the Northwest corner of said Luttrell Park; thence South 18° 58' 10" West
a distance of 157.00 feet to a point; thence South 71° 01' 50" East a distance of 44.44
feet to the Point of Beginning; thence continue South 71° 01' 50" East a distanc4 of
15.11 feet to a point; thence South 26° 01' 48" West a distance of 178.81 feet to a
point; thence South 18° 68' 10" West a distance of 151.82 feet to a point on the
Northeasterly right -of -way line of State Road No. 434; thence 17.80 feet along said
right -of -way line, along the arc of a curve, concave to the North, having a delta angle
of 00° 01' 36 ", a radius of 38436.74 feet, a chord bearing of North 57° 54' 55" West,
and a chord of 17.90 feet to a point; thence North 18° 58' 10" East, departing said
right -of -way line, a distance of 142.97 feet to a point; thence North-26° 01' 44" East
a distance of 176_94 feet to the Point of Beginning.
15' Utility Easement "B ":
•
All that tract or parcel of land lying in Section 36, Township 20 South, Range 30 East,
Seminole County, Florida, being a portion of Luttrell Park according to the plat
• thereof as recorded in Plat Book 11, page 44, Official Records of Seminole County,
Florida, and being a 15 foot wide utility easement lying 7.50 feet left and right of
the'following described centerline:
Commencing at the Northwest corner of said Luttrell Park; thence South 18° 58' 10" West
• a distance of 157.00 feet to a point; thence South 71° 01' 50" East a distance of 51.83
feet to the Point of Beginning; thence South 02° 17' 44" East a distance of 110.00 feet
to the Point of Termination.
Clearwire Site No.: FL- ORL0275
Execution Copy 1 -11 -2010