Ordinance 10-1916 •
ORDINANCE NO. 10 -1916
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
AUTHORIZING THE CITY ADMINISTRATOR TO
EXECUTE A LEASE AGREEMENT BETWEEN THE CITY
OF LONGWOOD AND T- MOBILE SOUTH, LLC FOR THE
LEASE OF A 3,600 SQ. FT. PORTION OF CITY PROPERTY
AT 300 N. WAYMAN STREET, LONGWOOD, SEMINOLE
COUNTY, IN THE STATE OF FLORIDA, FOR A TERM OF
FIVE YEARS WITH THE OPTION OF FIVE (5)
SUCCESSIVE RENEWAL TERMS AT THE ANNUAL RENT I'
OF $23,400 ADJUSTED ANNUALLY AT AN INCREASE OF
THREE (3) PERCENT, AND PROVIDING FOR AN
EFFECTIVE DATE. •
WHEREAS, T- Mobile South, LLC requested that the City ofLongwood consider leasing a
3,600 Sq. Ft. portion of city property at 300 N. Wayman Street for the purpose of installing and
operating a 100 -foot flagpole communications tower including equipment cabinets, generators, and
associated equipment; and,
WHEREAS, the City Administrator recommends that the City Commission approve the
proposed lease agreement between the City of Longwood, Florida and T- Mobile South, LLC; and,
WHEREAS, the City Commission of the City of Longwood finds that said lease is in the best
interest of the City of Longwood.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1: The City Administrator is hereby authorized to execute a lease, attached as
Exhibit "A," with T- Mobile South, LLC for a lease of a 3,600 Sq. Ft. portion of city -owned real
property at 300 N. Wayman Street, Longwood, Seminole, in the State of Florida, more fully
described in the attached lease agreement, for a term of five (5) years with the option of five (5)
successive terms of five (5 years) at the annual rent of $23,400 adjusted annually with an increase of
ORDINANCE NO. 10 -1916
Page 1 of 2
three (3) percent.
SECTION 2: SEVERABILITY. The provisions of this Ordinance are declared to be
separable and if any section, paragraph, sentence or word of this Ordinance or the application thereto
any person or circumstance is held invalid, that invalidity shall not effect other sections or words or
applications of this Ordinance. If any part of this Ordinance is found to be preempted or otherwise
superseded, the remainder shall nevertheless be given full force and effect to the extent permitted by
the severance of such preempted or superseded part.
SECTION 3: CONFLICTS. If any ordinance or part thereof is in conflict herewith, this
Ordinance shall control to the extent of the conflict.
SECTION 4: This ordinance shall become effective upon passage hereof.
FIRST READING AND TRANSMITTAL READING: NO Vr wl b I S 20 / b
SECOND READING AND ADOPTION: beAevv1 14e.4--- 4, 2-CD 1
PASSED AND ADOPTED THIS ' DAY OF Le r-- , 2010
•
JOHN C. i'G 4 T, MAYOR
ATTES :
SARAH M. MIRUS, MMC, MBA, CITY CLERK
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
D I L LAN Of ATTORNEY
ORDINANCE NO. 10 -1916
Page 2 of 2
LEASE AGREEMENT
THIS LEAS AGREEMENT ( "Agreement ") is made and entered into this
1p day of eat. , 2010 (the "Effective Date "), by and
between the CITY OF LONGWOOD, FLORIDA, a municipal corporation, hereinafter
referred to as "City" and T- MOBILE SOUTH LLC, a Delaware limited liability
company, with offices at 3407 W. Dr. Martin Luther King Jr. Blvd., Tampa, FL 33607,
hereinafter referred to as "TENANT ".
1. Option to Lease.
(a) In consideration of the payment of One Thousand and No /100 Dollars
($1000.00) by TENANT to City, City hereby grants to TENANT an option to lease the
Property (as defined below), on the terms and conditions set forth herein (the "Option ").
The Option shall be for a term of six (6) months, commencing on the Effective Date (the
"Option Period ").
(b) During the Option Period and any extension thereof, and during the term of
this Agreement, City agrees to cooperate with TENANT in obtaining, at TENANT'S
expense, all licenses and peiurits or authorizations required for TENANT'S use of the
Property 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 all land use and zoning permit
applications, and City agrees to cooperate with and to allow TENANT, at no cost to City,
to obtain a title report, zoning approvals and variances and land -use permits. The parties
understand, notwithstanding the preceding sentence, that any zoning approvals, variances
or land -use permits requiring approval of the City Land Planning Agency, Planning
Board, Board of Adjustment or other administrative board requires a noticed public
hearing, is quasi- judicial in nature and that the approval or denial of any such application
is solely determined by said administrative board. During the Option Period, City
expressly grants to TENANT a right of - access to the Property to perfolnr any surveys,
soil tests, and other engineering procedures or environmental investigations ( "Tests ") on
the Property deemed necessary or appropriate by TENANT to evaluate the suitability of
the Property for the uses contemplated under this Agreement. The provisions of Section
13, below, shall apply during the Option Period, and TENANT shall be required to
maintain the commercial general liability insurance required under Section 17, below,
during the Option Period. During the Option Period and any extension thereof, TENANT
may exercise the Option by so notifying City in writing, at City's address in accordance
with Section 12 hereof.
2. Premises: The City is the owner of certain real property, commonly known as Fire
Station 17, located at 300 North Wayman Street, Longwood, Seminole County and in the
State of Florida. If TENANT exercises the Option, CITY will lease to TENANT and
TENANT will lease from CITY a portion of such real property containing approximately
3,600 square feet of land, together with a right of way thereto as hereinafter described
(such portion of real property and such right of way being hereinafter called the
•
"Property "). The Property is more specifically described on Exhibit "A" attached hereto
and made apart hereof. In addition to the Property leased hereunder, City will grant
TENANT a right of way license over, upon, under and across the Property for the
purpose of access and for the construction, operation and maintenance of the proposed
improvements on the Property. Such right of way shall be non - exclusive and will be
twenty (20) feet wide and will be specifically identified by City. In addition, the City
grants TENANT a non- exclusive license required to run utility lines and cables. No other
portion of City property may be used pursuant to the Agreement.
3. Communication Equipment: If TENANT exercises the Option, City will and does
hereby grant an exclusive lease to TENANT to construct, install, maintain, and operate
the improvements described in this Section 3, including, but not limited to, a 100 -foot
flagpole communications tower ( "Flagpole Tower "), equipment cabinets, generators and
associated equipment on the Property: -
(a) The Property shall encompass up to 3,600 square feet of land as is required for the
construction, installation, maintenance and operation of the Communications Equipment
(as defined below) of TENANT as depicted on Exhibit "B ".
(b) Engineering and design of the Flagpole Tower to be placed at the Property shall
be done in a manner that will allow TENANT to construct, install and operate antennas
inside the Flagpole Tower. Said construction of said Flagpole Tower and all other
Communications Equipment and associated facilities to be located at the Property shall
be done in accordance with and substantially as set forth on the engineering plans
attached hereto and incorporated herein by reference as Exhibit "C ". Said construction
shall not deviate from the attached plans, unless written approval for any deviation is
given by the City, and such approval shall not be unreasonably withheld, conditioned or
delayed. All final engineering drawings will be signed and sealed by an engineer
registered in the State of Florida, and shall substantially confoini to the plans attached as
Exhibit "C ". Notwithstanding anything to the contrary in this Agreement, after the initial
installation of the Communications Equipment and Flagpole Tower, TENANT may alter,
upgrade, expand, add to or otherwise modify the ground -based portions of its
Communications Equipment without City's consent or approval provided said alteration,
upgrade, expansion, addition or modification (i) substantially conforms with the design
intent of the plans attached as Exhibit "C ", and (ii) does not extend beyond the
boundaries, or increase the dimensions, of the Property.
(c) The location of the Flagpole Tower shall be reflected as set forth on the
engineering plans in Exhibit "C ". No alterations of the Flagpole Tower or its location
shall be made without prior written approval and acceptance by the City, such approval
not to be unreasonably withheld or delayed.
(d) The Communications Equipment may include, without limitation, the initial three
(3) antennas, dishes, electronics equipment, and other accessories.
2
(e) Flexible coaxial transmission lines connecting the Communications Equipment
installed at the base of the Flagpole Tower which shall be anchored and installed within
the Flagpole Tower in accordance with good and accepted engineering practices.
(f) Radio communications equipment consisting of transmitters, receivers and
accessories to be installed in multiple outdoor equipment cabinets or shelters located in
accordance with Exhibit "B ". The TENANT's building plans will follow noinial City of
Longwood review processes prior to construction.
(g) Generators, electrical distribution rack, etc.
For the purposes of this Agreement, all of TENANT's equipment described in this
Section 3 is referred to collectively as the "Communications Equipment
4. Tenn: The primary term of this Agreement shall be for five (5) years (the "Initial
Tenn ") commencing on the date of exercise of the Option by TENANT (this date shall be
hereinafter called the "Commencement Date "). TENANT shall have the right to extend
this Agreement as set forth in Section 9 below. Once the actual Commencement Date is
determined, TENANT will send City a notice that specifies the same.
5. Use Payments:
(a) Initial Rent: During the first year of the Initial Term of this Agreement, as
payment for the use of the Property, TENANT will pay the City an annual lease fee of
Twenty -Three Thousand Four Hundred Dollars ($23,400.00), in monthly payments of
One Thousand Nine Hundred Fifty Dollars ($1,950.00), on the first day of each month;
provided, however, that rent for the first month shall be due thirty (30) days after the
Commencement Date. The rent for any partial month at the beginning or end of the term
shall be prorated.
(b) Annual Increases: During the Initial Term and any Extended Terms (as defined
below), monthly rent shall be adjusted on each annual anniversary of the Commencement
Date to an amount equal to one hundred three percent (103 %) of the monthly rent in
effect immediately prior to the adjustment date.
6. Use by TENANT: TENANT will use the Property for the sole purpose of
constructing, operating, maintaining, repairing, replacing and removing the
Communications Equipment. TENANT will abide by all local, state and federal laws,
• ordinances and regulations. TENANT shall keep all improvements and facilities situated
on the Property in compliance with all rules and regulations of the FCC and Federal
Aviation Administration ( "FAA ") and their successor organizations. TENANT shall
obtain all permits and licenses necessary to operate its Communication Equipment.
TENANT shall use the Property for no other purpose. TENANT is granted such usage on
an exclusive basis.
7. Access:
3
(a) TENANT shall have reasonable ingress and egress on a 24 -hour basis to the
Property for the purposes of construction, operation, maintenance, installation, repair and
removal of said Communications Equipment. Provided, however, that only authorized
contractors, engineers or employees of TENANT, or persons under TENANT's direct
supervision, will be permitted to enter the Property (except for that access granted to City
in Section 7(b) below) and their entry shall be for the purpose of constructing, installing,
operating, removing, maintaining or repairing TENANT's Communications Equipment
and for no other purpose. TENANT shall be responsible for the cost of the activities.
TENANT shall telephonically notify City in advance of its need to install, remove,
maintain or repair its Communications Equipment located on the Property, except in the
case of an emergency, in which event notification shall be given as soon as reasonably
possible.
(b) City shall have access to the Property at all times for the purpose of maintaining
the flag height upon the Flagpole Tower and in the case of emergency; provided,
however, that City will provide as much notice as reasonably practicable under the
circumstances in order to enable TENANT to have a representative present during any
such emergency access by City.
8. Utilities at TENANT's Cost: TENANT shall be solely responsible for and
promptly pay all charges for electricity, telephone and any other utility service used or
consumed by TENANT on the Property. City shall advise TENANT of and reasonably
cooperate with any utility company requesting an easement over and across the Property
and City's adjoining property, in order that such utility company may provide service to
TENANT. The area of the desired easement shall be described on Exhibit "A" and the
location of the easement shall be in the City's sole discretion. TENANT shall have an
electrical bank and telco pedestal demarcation point installed at the Property as shown on
Exhibit "B ", for its use in a location identified by the City and shall run any utility lines
underground from the utility source to TENANT's Communications Equipment. In the
event that underground obstructions exist that would prevent the TENANT from using a
particular route, the City will reasonably cooperate with TENANT to identify an alternate
underground route. The cost of such meter and of installation, maintenance and repair
thereof shall be paid for by TENANT. TENANT and the utility company providing
services to TENANT shall have access to all areas of the Property necessary for the
installation, maintenance and repair of such services.
9. Extensions:
(a) The term of this Agreement may be extended for up to five (5) additional and
consecutive five (5) year periods (each, an "Extended Term ") so long as TENANT is not
then in default hereunder. Subject to the provisions of Section 9(b), below, this
Agreement shall be automatically extended for each successive Extended Term unless
TENANT gives City written notice of its intention not to extend at least six (6) months
prior to the end of the then current term. If TENANT gives City written notice of its
intention not to extend, the terns of this Agreement shall expire at the end of the then
4
current term. All references herein to the "term." of this Agreement shall include the term
as it is extended as provided in this Agreement. The annual lease fee for the Extended
Terns shall be payable in the same manner as the annual lease fee for the Initial Teen
subject to the use payment adjustment set forth in Section 5 above.
(b) Notwithstanding anything to the contrary in this Agreement, and subject to the
following terms and conditions, City shall have the one -time only right (the
"Renegotiation Right ") to request the renegotiation of the following ternis and conditions
of this Agreement: (i) the base rent that TENANT shall pay City during the remaining
term of the Agreement pursuant to Section 5, above; (ii) the amount of the bond that
TENANT shall be required to maintain pursuant to Section 14(f), below, during the
remaining tei of the Agreement; (iii) the insurance limits that • TENANT shall be
required to maintain pursuant to Section 17, below, during the remaining tern of the
Agreement; and (iv) the amount of any increased rent that TENANT shall be required to
pay pursuant to Section 22(b), below, with respect to any new subleases or sublicenses of
the Property that may occur during the remaining term of the Agreement. The
Renegotiation Right is and shall be a one -time only right that the City may exercise, if at
all, only once, and to exercise the Renegotiation Right, City must provide written notice
of such exercise to TENANT at any time during and prior to the expiration of the 13
18 or 23' lease year of this Agreement. Upon the City exercising its Renegotiation
Right, during the remainder of the then current Extended Tenn the parties will negotiate
in good faith in an effort to mutually agree upon the renegotiated terms and conditions of
Agreement. If the parties come to such an agreement, the parties will amend this
Agreement to incorporate agreed upon changes and the parties with be governed by this
Agreement as amended. If the parties are unable to come to such an agreement prior to
the expiration of the then current Extended Teimi, this Agreement shall expire upon the
expiration of the then current Extended Tenn.
10. Holding Over If TENANT should remain in possession of the Property after the
expiration of the teen of this Agreement without the execution by City and TENANT of
a new agreement, then TENANT shall be deemed to be occupying the Property as a
tenant -at- sufferance on a month to month basis, subject to all the covenants and
obligations of this Agreement, at a monthly rental of one and one -half (1.5) times the per -
month rental then provided herein, and for a period not to exceed 6 months; provided,
however, that the City shall have the right to terminate such tenancy at sufferance and
eject TENANT from the Property at any time upon written notice to TENANT given at
least fifteen (15) days prior to the end of any month.
11. Relocation: Upon at least one (1) year's prior notice to TENANT, City shall have
the right to require the relocation of the Flagpole Tower and Communications Equipment
to a different site in the event the City needs the Property for development or for any
municipal purpose.. If relocation is required by the City, City shall provide an alternate
location and TENANT shall either elect to terminate this Agreement as provided herein
or relocate the Flagpole Tower, TENANT's Communications Equipment and any
communications equipment belonging other users of the Flagpole Tower to the new
location as required by the City, at City's sole cost and expense, and within a reasonable
5
time (which reasonable time shall be no longer than 120 days from the City's request for
relocation unless otherwise agreed to by the City, subject to force majeure and
TENANT's receipt of all necessary Governmental Approvals for the relocation of the
Flagpole Tower and Communications Equipment); provided, however, that at least three
(3) competitive bids will be obtained with respect to any such relocation costs and
expenses. After receiving the three (3) competitive bids, the City may rescind its
relocation request if the City detennines in its sole discretion that such costs are not
financially feasible. If TENANT, in its sole discretion, determines that the relocation site
proposed by City is unacceptable, TENANT shall have the right to terminate this
Agreement immediately and without penalty upon written notice to City, and such
termination will be effective as of the expiration of the one (1) year notice period
described above. If TENANT agrees to relocate the Flagpole Tower and
Communications Equipment pursuant to this Section 11, TENANT shall have the right to
install, operate and maintain any temporary communications equipment reasonably
necessary to enable TENANT's continuous operations during the period of such
relocation, including, without limitation, a cell -on- wheels.
12. Notices:
(a) Any notice shall be in writing and shall be delivered by hand or sent by United
States registered or certified mail, postage prepaid, or by a nationally recognized courier
service, addressed as follows:
City: TENANT:
City of Longwood T- Mobile USA, Inc.
Attn: City Administrator 12920 SE 38 Street
175 West Warren Avenue Bellevue, WA 98006
Longwood, FL 32750 Attn: PCS Lease Administrator
•
with a copy to:
T- Mobile South LLC
3407 W. Dr. Martin Luther King Jr. Blvd
Tampa, FL 33607
Attn: Lease Administration Manager
(b) Either party may change its address or telephone number to which notice shall be
given by providing written notice of such change as provided above. Notice shall be
deemed given when delivered if delivered by hand or courier, or when postmarked if sent
properly by certified mail.
13. Liability and Indemnity: TENANT agrees to indemnify City and hold City
harmless from all claims (including costs and expenses of defending against such claims)
arising from the acts, omissions, negligence or misconduct of TENANT's agents,
employees, invitees, contractors, subcontractors, subtenants or licensees in or about the
6
Property, or in connection with the installation, operation or maintenance of the Flagpole
Tower or Communications Equipment occurring during the term of this Agreement.
TENANT agrees to use and occupy the Property at its own risk and hereby releases the
City, its agents and employees, from all claims for any damage or injury sustained by
TENANT arising from such use or occupancy, except for those resulting from the sole
negligence or willful misconduct of the City, its agents, employees, invitees, contractors,
subcontractors, subtenants or licensees. In the event that City is joined in a lawsuit which
arises from, or is alleged to arise from, the acts, omissions, negligence or misconduct of
TENANT or TENANT's agents, employees, invitees, contractors, subcontractors,
subtenants or licensees in connection with TENANT's use of the Property or TENANT's
installation, operation, use or maintenance of the Communication Equipment, TENANT
agrees to defend City and to indemnify and hold City harmless from and with respect to
any settlement of such litigation or judgment entered therein, to include attorneys' fees,
pre -trial, trial and on appeal. The City will otherwise be liable for its own negligence
subject to the sovereign immunity provisions of F.S. 768.28. This provision shall survive
the expiration or termination of this Agreement.
14. Termination:
(a) Either party shall have the right to terniinate upon a material breach by the other
party of any of the provisions of this Agreement, subject to Section 15 below.
(b) Notwithstanding any other termination rights available under this Agreement,
after the expiration of the Initial Tenn, TENANT shall have the right to terminate this
Agreement upon one hundred and eighty (180) days prior written notice to City if the
Property is or becomes inappropriate or unacceptable for TENANT's operations for
technological reasons, including, without limitation, signal interference caused by
physical obstruction
(c) Upon termination or expiration of this Agreement, neither party will owe any
further obligation under the terms of this Agreement, except that TENANT shall be
responsible for removing all of its Communications Equipment from the Property and for
restoring the areas occupied by TENANT to its original condition as near as practicable,
and except normal wear and tear and acts beyond TENANT's control. Within one
hundred twenty (120) days after the tenniination or expiration of this Agreement,
TENANT shall remove all improvements, fixtures and personal property constructed or
installed on the Property by TENANT and restore the Property to its original above grade
condition, reasonable wear and tear excepted. If such removal causes TENANT to remain
on the Property after termination or expiration of this Agreement, TENANT shall pay
rent at 150% of the then existing monthly rate, until such time as removal is completed.
This provision shall survive the expiration or termination of this Agreement.
(d) Intentionally Deleted.
(e) Upon the termination or expiration of this Agreement, all rights, title and interest
of TENANT in the Property shall end and the City may re -enter upon and take possession
•
of the Property. Such termination shall be without prejudice to the City's right to collect
from TENANT any rental or additional rental which has accrued prior to such
termination.
(f) Upon receipt of the building permit and prior to the installation of the
Communications Equipment, TENANT will post a bond in a form reasonably acceptable
to both parties and in the principal amount of Twenty Thousand Dollars ($20,000.00),
effective for the term of this Agreement, which provides for the removal of the
Communications Equipment in the event such Communications Equipment is abandoned
by TENANT.
(g) In the event TENANT files bankruptcy (regardless of what Chapter of the U.S.
Bankruptcy Code the TENANT files said bankruptcy), TENANT shall immediately
either accept this Agreement and stay in full compliance with same, or shall reject the
Agreement. If TENANT so rejects this Agreement, the Agreement will terminate and
except for TENANT's obligation to remove the Flagpole Tower and Communications
Equipment as required herein, neither party will have any further rights or obligations
under this Agreement.
15. Defaults and Remedies:
(a) Notwithstanding anything in this Agreement to the contrary, TENANT shall not
be in default under this Agreement until:
1. In the case of a failure to pay lease fees or other sums due under this
Agreement, fifteen (15) days after TENANT's receipt of written notice thereof from City;
or
2. In the case of any other default, failure to cure such default after thirty
(30) days after receipt of written notice thereof from City, provided, however, where any
such default cannot reasonably be cured within thirty (30) days, TENANT shall not be
deemed to be in default under the Agreement if TENANT commences to cure such
default within said thirty (30) day period and thereafter diligently pursues such cure to
completion.
(b) In the event TENANT fails to cure a default within the applicable cure period
specified herein, City may, at its option, terminate this Agreement, without affecting its
other rights and remedies at law or in equity.
(c) Notwithstanding anything in this Agreement to the contrary, City shall not be in
default under this Agreement unless it fails to cure such default after thirty (30) days after
receipt of written notice thereof from TENANT, provided, however, where any such
default cannot reasonably be cured within thirty (30) days, City shall not be deemed to be
in default under the Agreement if City commences to cure such default within said thirty
(30) day period and thereafter diligently pursues such cure to completion. In the event
City fails to cure a default within the applicable cure period specified herein, TENANT
8
may, at its option, terminate this Agreement, without affecting its other rights and
remedies at law or in equity.
(d) The prevailing party in any litigation arising hereunder shall be entitled to
reimbursement from the other party of its reasonable attorneys' fees and court costs,
including appeals, if any.
16. Taxes: TENANT shall pay annually any and all taxes that may be levied and
assessed upon the Property attributable to any improvement thereto made by TENANT,
the Flagpole Tower and Communications Equipment installed thereon, or upon this
Agreement or the amounts paid under the terms of this Agreement (sales taxes), or any
rights arising under this Agreement. If any such tax is paid by City, TENANT shall
reimburse City for the amount of any such tax payment within sixty (60) days of receipt
of sufficient documentation indicating the amount paid and the calculation of TENANT's
pro -rata share. Upon written request by TENANT, the City shall furnish evidence of
payment of all such taxes.
17. Insurance: TENANT shall, at its sole cost and expense, at all times during the
term of this Agreement maintain in effect a policy or policies of insurance: a) covering its
personal property located on the Property and TENANT's improvements to the Property
paid, for and installed by TENANT, providing protection against any peril included under
insurance industry practices within the classification "fire and extended coverage ",
providing protection as deemed desirable by TENANT with respect to its personal
property and to the full insurable value of its TENANT improvements paid for by
TENANT; and b) Commercial General Liability insurance with minimum limits of Three
Million Dollars ($3,000,000) for injury to or death of one (1) or more persons in any one
(1) occurrence and Three Million Dollars ($3,000,000) for damage to or destruction of
properties in any one (1) occurrence. TENANT shall name the City as an additional
insured on the commercial general liability insurance policy and shall furnish City with a
certificate of insurance. Such insurance certificates will be supplied to City prior to
Commencement Date and renewal certificates will be provided to the City annually
thereafter. Failure to comply with the terms of this section will be deemed to be a
material breach hereof. The policy limits required hereunder may be provided under any
combination of primary and excess liability insurance policies maintained by TENANT.
18. Intentionally Deleted.
19. Hazardous Materials:
(a) TENANT wanants, represents, and agrees that TENANT at no time will use,
generate, store or dispose of any Hazardous Materials on the Property in violation of any
. applicable law, regulation, statute or ordinance, other than, to the extent peiniitted by
applicable law. The City warrants, represents, and agrees that the City at no time will use,
generate, store or dispose of any Hazardous Materials on the Property on which the
Flagpole Tower and Communications Equipment is located in violation of any applicable
law, regulation, statute, or, ordinance, other than, to the extent permitted by applicable
9
law. The term Hazardous Materials shall mean petroleum or any petroleum product,
asbestos, and any other substance, chemical or waste that is identified as hazardous,
toxic, or dangerous in any applicable Federal, State, or Local law, rule, or regulation.
(b) TENANT shall have the right at its sole cost and expense to perform such
Tests, investigations or studies as it deems appropriate to determine the presence of
Hazardous Materials on the Property and shall provide a copy of such Tests to the City.
The Tests shall establish the baseline condition of the Property at the time of the
commencement of this Agreement.
(c) TENANT shall be responsible for any and all damages, losses, and expenses
and will indemnify the City for the presence of any Hazardous Materials or wastes
generated, stored or disposed of on the Property by TENANT in violation of any
applicable law.
20. Fixtures: City covenants and agrees that no part of the improvements constructed,
erected or placed by TENANT on the Property or other real property owned by City shall
be or become, or be considered as being, affixed to or a part of the City's real property,
any and all provisions and principles of law to the contrary notwithstanding. All
improvements of every kind and nature constructed, erected or placed by TENANT on
the Property shall be and remain the property of TENANT.
21. Assignment: This Agreement may be sold, assigned or transferred at any time by
TENANT to TENANT's parent company or any affiliate or subsidiary of TENANT or its
parent company, to any entity with or into which TENANT is merged or consolidated, or
to any entity resulting from a reorganization of TENANT or its parent company.
Otherwise, this Agreement may not be sold, assigned or transferred without the written
consent of City, such consent may not to be unreasonably withheld, delayed or
conditioned. The parties acknowledge and agree that withholding consent for sale,
assignment or transfer to any entity not deemed creditworthy, in City's sole estimation,
shall not be deemed unreasonable. The parties acknowledge that FCC licensure of any
assignee shall be considered to meet the `creditworthy' requirement.
22. Collocation:
(a) TENANT may sublicense or sublease the Property to creditworthy entities
upon written notice to the City, and receipt of consent from City. City shall not
unreasonably withhold, delay or condition consent to sublicense or sublease, provided
that said sublicensee or sublessee is a creditworthy entity, said creditworthiness to be
determined by City, in its sole estimation, and City's withholding consent to a non -
creditworthy entity shall not be deemed or considered unreasonable. The parties
acknowledge that FCC licensure of any sublicense or subtenant shall be considered to
meet the `creditworthy' requirement. There shall be a maximum of two (2) collocators
subleased or sublicensed by TENANT, unless otherwise approved by the City.
(b) If TENANT subleases or sublicenses space within the Property to any
additional Carrier, the monthly rent that TENANT pays City shall be increased by Five
Hundred Dollars ($500.00) per additional Carrier, prorated for any partial months, and any
such rent increase shall be effective as of the commencement date of the additional Carrier's
sublease or sublicense with TENANT, which date TENANT shall notify City of in writing.
If TENANT's sublease or sublicense with any additional Carrier tenninates for any reason,
the monthly rent that TENANT pays City pursuant to this provision shall be reduced
accordingly effective as of the termination date of the sublease, which date TENANT shall
notify City of in writing. As used herein, "Carrier" shall mean any commercial provider of
wireless telecommunications services, but shall not mean any governmental, public service,
civil defense or amateur radio operator. Notwithstanding anything to the contrary in this
Section 22(b), the rent that TENANT pays City shall not increase in the event that (a) City
enters into a separate lease with another Carrier for ground space adjacent to the Property,
and (b) TENANT enters into a lease with such Carrier for space on the tower located within
the Property.
23. Other Conditions:
(a) City acknowledges that following the execution of this Agreement,
TENANT will seek to obtain all Governmental Approvals necessary for the construction,
operation and maintenance of the Communications Equipment on the Property. If
TENANT exercises the Option, and thereafter any Governmental Approval is finally
rejected or any previously obtained Governmental Approval is cancelled or terminated by
the applicable governmental authority, TENANT shall have the right to terminate this
Agreement by written notice to the City and all rentals paid to the City prior to
termination shall be retained by the City. Upon such termination, this Agreement shall
become null and void and the City and the TENANT shall have no other further
obligations to each other, other than TENANT's obligation to remove its property as
hereinbefore provided. City agrees to cooperate to the extent permitted by law and
without incurring additional liability or without requiring the expenditure of additional
public funds, with TENANT in obtaining the Governmental Approvals and, without
limiting the generality of the foregoing, to execute any applications, maps, certificate or
other documents that may be required in connection with the Governmental Approvals.
(b) Whenever under the Agreement the consent or approval of either party is
required or a determination must be made by either party, no such consent or approval
shall be unreasonably withheld or delayed or conditioned, and all such determinations
shall be made on a reasonable basis and in a reasonable manner.
(c) TENANT covenants and agrees that TENANT's Communication Equipment,
and its installation, operation and maintenance will comply with all applicable rules and
regulations of the FCC, FAA and the ordinances of the City, including, but not limited to,
the building and electrical codes of the City.
(d) If the Property is damaged for any reason so as to render it substantially
unusable for TENANT's use, rent shall abate for such period not in excess of ninety (90)
11
days while City, at its expense and in its sole discretion, restores the Property to its
condition prior to such damage, Provided however, in the event City fails to repair the
Property within the ninety (90) day period, TENANT shall have the right to teiminate
this Agreement with no further obligations hereunder. City shall under no circumstances
have any obligation to repair, restore or replace the Flagpole Tower or Communications
Equipment.
(e) The Flagpole Tower shall at all times have a current American flag placed
upon it in accordance with the United States Code Title 4, Chapter 1. The flag shall be
one that is designed to fly in all types of weather. There shall be a light specifically
placed to illuminate the flag at night or having a light source sufficient to illuminate the
flag so it is recognizable as such by the casual observer. If the flag is faded or tattered
beyond repair, or dirty beyond cleaning, then the flag shall be promptly replaced by
TENANT. The flag, when it is in such condition that it is no longer a fitting emblem for
display; shall be destroyed in a dignified way, preferably by burning. TENANT will be
responsible for purchasing the initial flag and any replacements thereof.
(f) Miscellaneous: This Agreement cannot be modified except by a written
modification executed by City and TENANT in the same manner as this Agreement is
executed. The headings, captions and numbers in this Agreement are solely for
convenience and shall not be considered in construing or interpreting any provision in
this Agreement. Wherever appropriate in this Agreement personal pronouns shall be
deemed to include other genders and the singular to include the plural, if applicable. This
Agreement contains all agreements, promises and understandings between the City and
TENANT with respect to the subject matter hereof, and no verbal or oral agreements,
promises, statements, assertions or representations b y City or TENANT or any
employees, agents, contractors or other representations of either, shall be binding upon
City or TENANT.
(g) This Agreement shall be construed in accordance with the laws of the state in
which the Property is located, without regard to the conflicts of law principles of such
state. Venue for any lawsuit between the parties arising from or relating to this
Agreement shall be brought in Seminole County, Florida.
(h) If any teem of this Agreement is found to be void or invalid, the remaining
temrs of this Agreement shall continue in full force and effect. Any questions of
particular interpretation shall not be interpreted against the drafter, but rather in
accordance with the fair meaning thereof. No provision of this Agreement will be
deemed waived by either party unless expressly waived in writing 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 Agreement shall be deemed a waiver of
such provision with respect to any subsequent matter relating to such provision.
(i) The persons who have executed this Agreement represent and warrant that
they are duly authorized to execute this Agreement in their individual or representative
capacities as indicated.
12
(j) This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute a single
instrument.
(k) TENANT acknowledges and agrees that the Property is owned by a
municipality and therefore is not subject to construction liens pursuant to Chapter 713,
Florida Statutes, or other liens or encumbrances due to the City's sovereign immunity and
constitutionally protected status. TENANT shall not permit and shall affirmatively
prevent any construction or mechanic's lien or any other lien or encumbrance to be filed
or claimed against the Property, or any part of the Property, for any labor, services or
materials furnished to the Property, TENANT's improvements to the Property or
otherwise filed or claimed arising out of concerning the actions or omissions of TENANT
or its agents, employees, invitees, contractors, subcontractors, laborers, materialmen,
vendors, licensees and subtenants. If any such lien or encumbrance is filed or claimed,
then TENANT shall be in default of this Agreement. All subtenants, licensees,
contractors, subcontractors, mechanics, laborers, materialmen and others who provide
any labor, materials or services, or otherwise participate in the improvement of the
Property, or any combination thereof, shall be and are hereby given notice that TENANT
is not authorized to subject City's interest in the Property or any other part of the Property
to any claim for construction, mechanics', laborers' or materialmen's liens, or any other
liens or encumbrances, and all persons dealing directly or indirectly with TENANT may
not look to the Property or other City property or funds as security for payment.
TENANT shall indemnify, defend (with counsel reasonably acceptable to City) and hold
City harmless from and against all expenses, lien claims or damages to either property or
person which may arise by reason of the making of any additions, improvements,
alterations and /or installations to the Property and by virtue of any liens or encumbrances
filed or claimed against the Property arising out of or concerning the actions or omissions
of TENANT, its agents, employees, invitees, contractors, subcontractors, laborers,
materialmen, vendors, licensees and subtenants, including reasonable attorneys' fees and
litigation costs at trial and appellate levels.
24. Radon Gas Notification: As required by Section 404.056(g), Florida Statutes, the
TENANT shall take notice of the following:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state guidelines
have been found in buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your county public health unit.
25. Quiet Enjoyment: The City covenants that TENANT, on paying the rental and
perforuring the covenants, terms and conditions required of TENANT contained herein,
shall peaceably and quietly have, hold and enjoy the Property and the leasehold estate
granted to TENANT by virtue of this Agreement.
26. Memorandum: City will reasonably cooperate with TENANT in executing any
documents necessary to protect TENANT's rights in or use of the Property. A
13
Memorandum of Agreement in substantially the form attached hereto as Exhibit "D" may
be recorded in place of this Agreement by TENANT. Upon the expiration or termination
of the Agreement, TENANT will record a written release of the Memorandum of
Agreement.
27. Public Records Act: The TENANT acknowledges that City is a Florida
Municipal Corporation and subject to Chapter 119, Florida Statutes. As such City and
TENANT shall comply with all laws regarding public records. TENANT acknowledges
and understands that this Agreement and any and all correspondence, documentation,
memoranda, electronic correspondence and the like is subject to public inspection and is
public record.
28. Interference: TENANT shall not use the Property in any way which interferes
with the use of the Property or adjacent property by City or lessees or licensees of City
with rights prior in time to TENANT's (subject to TENANT's rights under this
Agreement, including, without limitation, non - interference). Similarly, City shall not
use, nor shall City penult its lessees, licensees, employees, invitees or agents to use, any
portion of the Property or City's property immediately adjacent thereto in any way which
interferes with the 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 acknowledge 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 Agreement immediately upon written notice.
Signature Page to Follow
•
14
( / I
V \
IN WITNESS WHEREOF, the parties hereto have respectively executed this Agreement
effective as of the date of the last party to sign.
CITY: CITY OF LONGWO6iD, FLORIDA WITNESSES:
_ (-c - . \ v.ii,e
By //1
Name: Jahn Nat vt et Name: ' 121
Title: Isla . Od` Si• is /: ......,,,Ar . ) IP7
y
Date: IZIOS 2210 Name:& o ° I rL-
TENANT: T- MOBILE SOUTH LLC ITNESSES:
By: )3y'`Z ' NA_,,,,,_ Sign: _____&2_, A
1
Name: Mike Ackroyd Name: 10\- . • C'
G� '
Title: Director, Engineering and Operations Sign: , i
1-,-- '
Date: V)- — (z � . \0 Name: e 5.5 L 0v k
15
EXHIBIT A
PROPERTY
(Page 1 of 2)
TOWER LEASE PARCEL
(PREPARED BY GEOUNE SURVEYING)
A PARCEL OF LAND LYING WITHIN LOT 22, BLOCK "P ", OF LAKE WAYMAN HEIGHTS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE
82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 24, BLOCK "P ", OF SAID LAKE
WAYMAN HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 3, PAGE 82 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
THENCE NORTH 90'00'00" WEST ALONG THE SOUTH UNE OF SAID BLOCK "P ". FOR
148.82 FEET; THENCE NORTH 00'00'00" EAST, FOR 81.37 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 00 EAST, FOR 33.00 FEET; THENCE SOUTH 89'56'49"
EAST, FOR 31.00 FEET; THENCE SOUTH 00'03'11" WEST, FOR 33.00 FEET; THENCE
NORTH 89°56'49" WEST, FOR 31.00 FEET TO THE AFORESAID POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAIMNG 1,023 SQUARE FEET, MORE OR LESS.
PROPOSED T- MOBILE 10' WIDE NON - EXCLUSIVE U11UTY EASEMENT
(PREPARED BY GEOUNE SURVEYING)
AN EASEMENT 10.00 FEET IN WIDTH FOR NON - EXCLUSIVE UTILITY PURPOSES, LYING
WITHIN THAT PART OF LOTS 22 AND 23, BLOCK "P". OF LAKE WAYMAN HEIGHTS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 3. PAGE
82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. SAID EASEMENT LYING
WITHIN 5.00 FEET ON EACH SIDE OF A CENTERLINE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 24. BLOCK "P ". OF SAID LAKE
WAYMAN HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 3, PAGE 82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA.
THENCE NORTH 90'00'00" WEST ALONG THE SOUTH UNE OF SAID BLOCK "P ", FOR
148.82 FEET; THENCE NORTH 00'00'00" EAST, FOR 81.37 FEET TO THE SOUTHWEST
CORNER OF AN EXISTING 31 -FOOT BY 33 -FOOT TOWER PARCEL; THENCE SOUTH
89'56'49" EAST ALONG THE SOUTH LINE OF SAID TOWER PARCEL. FOR 5.00 FEET;
THENCE DEPARTING SAID SOUTH UNE, RUN SOUTH 00'00'00" WEST, FOR 15.00 FEET TO
114E POINT OF BEGINNING OF HEREIN DESCRIBED CENTERLINE; THENCE CONTINUE SOUTH
001)0'00" WEST, FOR 66.36 FEET TO SAID THE AFORESAID SOUTH UNE OF BLOCK "P ",
SAID POINT BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED EASEMENT
CENTERUNE
CONTAINING 663.6 SQUARE FEET, MORE OR LESS.
PROPOSED T- MOBILE 15' WIDE NON - EXCLUSIVE INGRESS, EGRESS AND UTIUTY
EASEMENT
(PREPARED BY GEOUNE SURVEYING)
AN EASEMENT 15.00 FEET IN WIDTH FOR NON - EXCLUSIVE INGRESS, EGRESS AND
UTIUTY PURPOSES LYING WITHIN THAT PART OF LOTS 22, BLOCK "P ", OF LAKE
WAYMAN HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 3, PAGE 82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA.
SAID EASEMENT LYING WITHIN 7.50 FEET ON EACH SIDE OF A CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 24, BLOCK "P ", OF SAID LAKE
WAYMAN HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 3, PAGE 82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA.
THENCE NORTH 90'00'00" WEST ALONG THE SOUTH UNE OF SAID BLOCK "P ", FOR
148.82 FEET; THENCE NORTH 00'00'00" EAST FOR 81.37 FEET TO THE SOUTHWEST
CORNER OF AN EXISTING 31 -FOOT BY 33 -FOOT TOWER PARCEL; THENCE SOUTH
89'58'49" EAST ALONG THE SOUTH UNE OF SAID TOWER PARCEL. FOR 7.50 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT CENTERLINE; THENCE
SOUTH 00'00'00" WEST, FOR 15.00 FEET; THENCE SOUTH 89'56'49" EAST, FOR 23.00
FEET; THENCE SOUTH 00'00'00 WEST. FOR 81.34 FEET TO THE AFORESAID SOUTH UNE
OF BLOCK "P ", SAID POINT BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED
EASEMENT CENTERUNE
CONTAINING 1,565.1 SQUARE FEET. MORE OR LESS.
16
EXHIBIT A
PROPERTY
(Page 2 of 2)
LOT 22
CENTER OF N° _- LOT 23
PROPOSED
TOWER
\ 5' IRON PICKET FENCE
,_, (: 77V0 X77:0 6.8
w i \
\ F TOP OF BANK
7
r� 0
o n — '�— 59'± RETENTION AREA
-- __ 77.2 / I — ' / a r` „d '",.�' /',r'' j'
o / N 1 ,/,r r 1 f.°; EDGE OF CONCRETE � _ •
POINT CF BEGINNING: r r /Yr .' /�.: A NT <;,, " F
'MAZER LEASE PARCEL / rui^ /,�/ 0 23:00/ �1 -' ` / BEGINNING*-" f /
/ /-/ 2,' / ✓'; ;r �,� CENTER1 NE' ' `'2 '
t ° .• �°` //
/ d -15 WIDE '/ r o d •
LOT 21 V �! 72 ; C S •,:t. / s / LOT 24
/ 76.7 � .,' ; `l v r l ;
/ I ',/f,7-/e, ' ' UTf),ITY" 2' . r
i F' t STORY BLOCK r
/ / + , r J / 'e EASEMENT '`f 8 UI DI NG �'
/..: /.. - / `: i / / (FIRE STATION) / /
/ POINT OF Q m a / /t` i ' . - ` a //
,
/ BU NING: oo�
/ $ I fi,.'I',' '�6, +','r1 ` °'':+ f
/ CENTERLINE z • °o //„—nr s .r,, ,,/ alit
/ / EASEMENT 76 76 i 'E l -�,�,t . � .S / /2 //
//
tn / sc , y / SOUTHEAST
1 . .P LOT 24. BL
a ;, CO x,
il
X7 I •
.7 � 4y. • /
[5 [ f• '/ ' _ [ 1 [61.5'
76.1 76.2 s 90'x0'00" W 148.82'
—w i® —;:. —WI I —tea —:a —}1
POINT OF TERMINUS: G i ' ` i . - OF
CENTERLINE 10' VIDE e 1 CONCRETE [411.50']
UTILITY EASEMENT •`' 411.24'
LENT POINT OF TERMINUS:
CENTERLP 15' VIDE INGRESS,
EGRESS AND UTRJTY EASEMENT
SITE BLNttlIARK: /
MAGNOLIA AVENUE 60D NAIL IN WEST SIDE OF
(50' VIDE RICHT —CF WAY PER PLAT) WOOD POWER POLE
EI:EVATIONs 76.7' NAVD'88
17
•
EXHIBIT B
COMMUNICATIONS EQUIPMENT
-4 1140 Wei Ali g gia !ii
'''. •1.1 - v..1;tpg .
q PR ;,...".1 §ac .,; i'
-... .9, p 2 A §.,1 2F igGEP
5 4' ,..1: a
;, •• ; iii 1 I / j j
' 1
I _
I
r ‘ I .fr ' V •
■ 0
1 i it'i,'•::' 4 ■ - P°
NT Vgg E ah'• 4:in 11 ff;.". I \
6 . ''-•
I \ '
r
, ':;i::•;-i.:; Etil °= •=t5i:qi z ----- '------ I 1 \ 1
t
.00-k, F.;•;,.,, , 15 i :,v a — I e. _
I - s ''
i P- :::= • '4 A ; • ;:c) — — — .17'
— I __. ,...--- - -\ 1 1 —
1 sTt :IN PPM' ='ti
, . —1
—
.;; g ' It,
.0 .; . .. , .. . , . . ,- . , . ' . \ „., l' il ‘. :I •-•(,__' ':4
2 r
.......:..............,........ ,. .. : ... :....:.. ; ....,- .., ,......-. ....„ :-..: I
••,.-.....:. -.:•....„ •• ..... .•• • ...• ., .....„,,,, ___..--, , . ,
..„.,.....„„.._....„.:.,„_.:..,:,._:.:.•_,_:..,_...,.,,,•::, 4 5N 1 r 1, ,t,,,,...,..4..Aa,?„ ....1 Rgi
0Eg 0. .•• •t •-: •: 1 ::.• • 7' : -. - • .--..::...•• -.'‘.-. I: ' . . Mid
!1.;10 lit--16u,Ut \ 1 ''' 1 \ 1 4
ii•;;!;;E iir,;;TE 7,5 ,! &-_,,,
F
•-•,'•••-.. :- .. •-, , r... . .-• • .. -... ;3371 4;2, z',1Q
n'A M ' 0 3 1 • : 11 .-': 11 :' . • igg - 1,1. - ' • • Ji : • '..:':- • :.:,..,. ../ §i AP 0 Ri \
m
z4
- . ..... -• - 1.;•:-... .' - . •••.- F'''' •-• .• • . •''.: ' .'• 1 'i- 'g 0 g 5: \ ';8 ?1
,, g-..t ri 0*" -§
:.• • '..: ,..':' ',',.. '.. g 21' ''' A 0;1' F ) .P''' P r' 1/41
',i 4 'iga ..'''''::::',:!::. `-.'..I A.:: ..-- ..-....: g' -- -. • .,--. - 1 .c , 9P ''',, 4 .4
- 54
" ...i ! A .- -. ,., - -• ,..–- ,. ,. .. 2 ..: , ,. . ti
Q / 1
g-.
,F3
Pi9 H
!R 5 ;
AT
V . \
e
ir.' g g • .
0 A ,„A
R I g xo, '
4 5 i.11===== -
ev ...---
v, 2 , •./,`Iii — ..m.i.l i t -....,
, " — ■ . , , i 1 g g ; • •..,
liti ••'.1
, 4 ___ • ;A J:p 2. !V Eg. e, ..4 ',\\ •,':••:N
-
--
il 11
.7.1 ze ..„? k P, r2 -
'7•P r a 1. 'i VI ii gb, fa,x 14* I:
,i
fl g 4
i . s■ .:: ; 1 5 !E gg-V=1„,.. .•:,,,;;,,,,,
,,,,,:fi::::
!,,,,,,
,
.4 ....., ..., ,
C AI'
a a I!
cr 'q il .1
z
iszo" I,
18
EXHIBIT C
CONSTRUCTION PLANS AND DRAWINGS
19
EX.IIIBIT D
MEMORANDUM OF AGREEMENT
Prepared by, return to:
T- Mobile South LLC
3407 W. Dr. Martin Luther King Jr. Blvd.
Tampa, FL 33607
Attn: Lease Administration Manager
MEMORANDUM OF AGREEMENT
Assessor's Parcel Number: 32- 20- 30- 512 -0P00 -0010
CITY OF LONGWOOD, FLORIDA ( "City") and T- MOBILE SOUTH LLC ( "TENANT ")
A Lease Agreement (the "Agreement ") by and between CITY OF LONGWOOD,
FLORIDA, a municipal corporation ( "City") and T- MOBILE SOUTH LLC, a Delaware limited
liability company ( "TENANT ") was made regarding a portion of the following property:
See Attached Exhibit "A" incorporated herein for all purposes
The Agreement is for a term of five (5) years and will commence on the date as set forth
in the Agreement (the "Commencement Date "). TENANT shall have the right to extend the
Agreement for up to five (5) additional five -year terms in accordance with the terms of the
Agreement.
IN WITNESS WHEREOF, the parties hereto have respectively executed this
memorandum effective as of the date of the last party to sign.
CITY: CITY OF LO NGWOO P LORIDA WITNESSES: /
By: S i , _ 1 �
Name: -J 0, • et: Name: 6 in -
Title: m 1/41 n f " Sig(
Date: 1 2 1 2.01 C7 Name: e604 /✓ ,5
TENANT: T- MOBILE SOUTH LLC WITNESSES:
By: c\
Name: Mike Ackroyd Name: _ Ie v-c"v
Title: Director, Engineering and Operations Sign:
Date: \ (cy. D � k O Name: , j e.SS Lau k
20
�✓/
STATE OF FLORIDA
COUNTY OF SEMINOLE
This instrument was acknowledged before me on be trnbe.& q , 2010
b Solar' C - . 041- , as — Yt1 f
of CITY OF LO e • a r FLORIDA, a municipal corporation, on behalf of the
corporation who is personally known to me or has produced as
identification. -
Dated: /2/09/2.010
opze / /-
Notary Public
i ,,,4 / Print Name i< r r V
SARAH M. MIRUS P
v ` t N Notary Public - State of Florida 6,, My commission expires aszy It
i ti ;� � My Comm, Expires Jun 23, 2014 L
", o Commission # DD 981810
d °� Bonded Through National Notary Assn. j
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I certify that I know or have satisfactory evidence that Mike Ackroyd 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 Director, Engineering & Operations, of T- MOBILE SOUTH
LLC, a Delaware limited liability company, to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated: / a- 11
. .. Notary Publ ( kii , 1 1 1 111
/
G n rheresa G
�aY Po Notary Public State of Florida Print Name e�'eS ' •
Bloc"
_ Brown
( , v My Commission DDr51735 My commission expires i J i /p
' ' Expires 01124/2012
21
EXHIBIT A
PROPERTY
TOWER LEASE PARCEL
(PREPARED BY GEOUNE SURVEYING)
A PARCEL OF LAND LYING WITHIN LOT 22, BLOCS( "P ", OF LAKE WAYMAN HEIGHTS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOCK 3, PAGE
82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 24, BLOCK "P ", OF SAID LAKE
WAYMAN HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON
PLAT BOOK 3, PAGE 82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY. FLORIDA.
THENCE NORTH 90'00'00" WEST ALONG THE SOUTH UNE OF SAID BLOCK "P ". FOR
148.82 FEET: THENCE NORTH 00'00'00" EAST, FOR 81.37 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 00'03'11" EAST. FOR 33.00 FEET: THENCE SOUTH 89°56'49"
EAST. FOR 31.00 FEET; THENCE SOUTH 00'03'11" WEST, FOR 33.00 FEET; WHENCE
NORTH 89'56'49" WEST, FOR 31.00 FEET TO THE AFORESAID POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINING 1.023 SQUARE FEET, MORE OR LESS.
PROPOSED T- MOBILE 10' WIDE NON - EXCLUSIVE U11U1Y EASEMENT
(PREPARED BY GEOUNE SURVEYING)
AN EASEMENT 10.00 FEET IN WIDTH FOR NON- EXCLUSIVE U11L11Y PURPOSES, LYING
WITHIN THAT PART OF LOTS 22 AND 23, BLOCK "P ", OF LAKE WAYMAN HEIGHTS
SUBDIVISION. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 3, PAGE
82 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. SAID EASEMENT LYING
WITHIN 5.00 FEET ON EACH SIDE OF A CENTERLINE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 24, BLOCK "P ". OF SAID LAKE
WAYMAN HEIGHTS SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 3, PAGE 82 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
THENCE NORTH 90'00'00" WEST ALONG THE SOUTH UNE OF SAID BLOCK "P FOR
148.82 FEET; THENCE NORTH 0000'00" EAST, FOR 81.37 FEET TO THE SOUTHWEST
CORNER OF AN EXISTING -31 -FOOT BY 33 -FOOT TOWER PARCEL; THENCE SOUTH
89'56'49" EAST ALONG THE SOUTH LINE OF SAID TOWER PARCEL. FOR 5.00 FEET:
THENCE DEPARTING SAID SOUTH UNE, RUN SOUTH 001)0'00" WEST, FOR 15.00 FEET TO
THE POINT OF BEGINNING OF HEREIN DESCRIBED CENTERLINE; THENCE CONTINUE SOUTH
00'00'00" WEST. FOR 66.36 FEET 10 SAID THE AFORESAID SOUTH UNE OF BLOCK "P ",
SAID POINT BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED EASEMENT
CENTERLINE.
CONTAINING 663.6 SQUARE FEET, MORE OR LESS.
PROPOSED T- MOBILE 15' WIDE NON - EXCLUSIVE INGRESS, EGRESS AND UTIUIY
EASEMENT
(PREPARED BY GEOUNE SURVEYING)
AN EASEMENT 15.00 FEET IN WIDTH FOR NON - EXCLUSIVE INGRESS, EGRESS AND
U11UTY PURPOSES LYING WITHIN THAT PART OF LOTS 22, BLOCK "P ". OF LAKE
WAYMAN HEIGHTS SUBDIVISION. ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 3, PAGE 82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA.
SAID EASEMENT LYING WITHIN 7 FEET ON EACH SIDE OF A CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 24. BLOCK "P ". OF SAID LAKE
WAYMAN HEIGHTS SUBDIVISION. ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 3. PAGE 82 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA.
THENCE NORTH 90'00'00" WEST ALONG THE SOUTH UNE OF SAID BLOCK "P ", FOR
148.82 FEET; THENCE NORTH 00'00'00" EAST, FOR 81.37 FEET TO THE SOUTHWEST
CORNER OF AN EXISTING 31 -FOOT BY 33 -FOOT TOWER PARCEL THENCE SOUTH
89'56'49" EAST ALONG THE SOUTH UNE OF SAID TOWER PARCEL, FOR 7:50 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT CENTERLINE: THENCE
SOUTH 00'00'00" WEST, FOR 15.00 FEET; THENCE SOUTH 89'56'49" EAST, FOR 23.00
FEET; THENCE SOUTH 0000'00" WEST. FOR 81.34 FEET TO THE AFORESAID SOUTH UNE
OF BLOCK "P ", SAID POINT BEING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED
EASEMENT CENTERLINE.
CONTAINING 1.565.1 SQUARE FEET. MORE OR LESS.
22
•
LONGWSOD C ll Y OF LO GW•OD
��. FLORIDA f
'( f- ,7 7 1 1`T'itiy
EST )spa
December 16, 2010
T- Mobile South LLC
3407 W. Dr. Martin Luther King Jr. Blvd.
Tampa, Florida 33607
Attention: Lease Administration Manager
RE: Lease Agreement
To Whom It May Concern:
Enclosed are three signed, original Lease Agreements between the City of Longwood and
T- Mobile South, LLC.
Please have the agreements notarized and return one original Lease Agreement to us in
the enclosed stamped, self - addressed envelope.
Thank you for your time -and assistance.
Sincerely,
CITY OF NG OOD
Sarah M. Minus, MMC, MBA
City Clerk •
SMM/Ikj
Enclosures
17 5 . „ Florida 3 / ;0 ( 07 260-.1440 Voice (4 �/� 16!, *i
, ;. , `�l'i`,'.s r`'.4•'�t'.� ;° • _ Wit. ,) CiR �'t >.r. rj j
www.long,woodfl