2000-40
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LEASE AGREEMENT
This Agreement is made this /JSday of -, 2000, between THE CITY OF
CLERMONT, the address of which is '..a./ 1\0(1 :t IInolìt ~
hereinafter designated LESSOR, and BELLSOUTH MOBILITY INC, with 0 Ices at 5201 ? L¡ Î \~-
Congress Avenue, Boca Raton, Florida 33487, hereinafter designated TENANT. O!;)...,
RECITALS:
LESSOR is the owner of an approximately \ð(,} foot tall water tower (the "Water
Tower") located at 1')\ s5-tnn A-Ll-f' 11 t ~ , Clermont, Florida. TENANT wishes
to Lease from LESSOR the following (the "Property"): (i) a portion of the Water Tower at
approximately the.1.ìèL foot level for the placement and use of its wireless communications
antennas, cables and mounting brackets, (ii) a~' by~' portion of the ground adjacent
to the Water Tower for the placement and use of its related communications equipment
and generator (if any) and (iii) an easement for ingress, '€gress and utilities from the
nearest public right-of-way, namely, Highland Avenue. The Property is more specifically
described in and substantially shown outlined in red on Exhibit "A" attached hereto and
made a part hereof.
NOW, THEREFORE, in consideration of a sum of ten dollars and other good and
valuable consideration, the receipt and sufficiency of whcih are hereby acknowledge, the
parties hereby agree as follows:
LEASE AGREEMENT
1. LESSOR hereby leases to TENANT the Property. The parties agree that
pursuant to the "Survey" provisions below, it is intended that the legal description from the
survey will be attached hereto as Exhibit B and serve-as the description of the Property.
LESSOR shall cooperate with TENANT in TENANT's effort to obtain utility services along
the portion of the Property comprising the right of way by signing such documents or
easements as may be required by said utility companies. In the event any public utility is
unable to use the aforementioned right of way, the LESSOR hereby agrees to grant an
alternative right of way or utility easement either to the TENANT or to the public utility at
no cost to the TENANT. All utilities serving TENANT's use of the Property shall be
installed underground.
2. LESSOR also hereby grants to TENANT the right to survey said Property,
and the legal description on said survey shall then become Exhibit "B", which shall be
attached hereto and made a part hereof, and shall control in the event of discrepancies
between it and Exhibit "A". LESSOR grants TENANT the right to take measurements;
make calculations, and to note other structures, setbacks, uses, or other information as
deemed by TENANT to be relevant and pertinent, as such information relates to LESSOR's
real property, leased or otherwise abutting or surrounding the Property. Cost for such
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survey work shall be borne by the TENANT.
3. This Agreement shall be for an initial term of five (5) years beginning on the
earlier of: (a) the date that TENANT provides notice to LESSOR that TENANT has
completed its due diligence, obtained its permits and wishes to commence the term or (b)
the date which TENANT begins the installation of its equipment on the Property.
Notwithstanding the foregoing, the commencement date shall be no later than ninety (90)
days after the date which this Agreement is executed by the parties hereto. The annual
rental due for the initial year of the initial term shall be THIRTY THOUSAND Dollars
($30,000.00), plus applicable taxes, to be paid in equal monthly installments on the first
day of the month, in advance to LESSOR or to such other person, firm or place as the
LESSOR may, from time to time, designate in writing at least thirty (30) days in advance
of any rental payment date. Annual rental for each subsequent year of the initial term shall
increase by five percent from the annual rental for the previous year, such increase to be
effective upon each anniversary of the commencement of the term of this Lease.
4. TENANT shall have the option to extend this lease for three (3) additional five
(5) year terms, and such extensions shall automatically occur unless TENANT gives
LESSOR written notice of its intention not to extend this Lease Agreement at least six (6)
months prior to the end of the current term.
5. The annual rental for the first year of the first (1 st) five year extension term
shall be equal to the annual rental in effect for the final year of the initial term, plus five
percent. The annual rental for each subsequent year of the renewal terms shall increase
by five percent from the annual rental for the previous year, such increase to be effective
upon each anniversary of the commencement of the term of this Lease.
6. If at the end of the third (3rd) five (5) year extension term this Agreement has
not been terminated by either party by giving to the other written notice of an intention to
terminate it at least six (6) months prior to the end of such term, this Agreement shall
continue in force upon the same covenants, terms and conditions for a further term of one
(1) year, and for annual terms thereafter until terminated by either party by giving to the
other written notice of its intention to so terminate at least six (6) months prior to the end
of such term. Monthly rental for this period shall be equal to the rent paid for the last
month of the fourth (4th) five (5) year extension term.
7. TENANT shall use the Property for the purpose of constructing, maintaining
and operating a communications facility and uses incidental thereto (the "Communications
Facility"), consisting of telecommunications equipment, an equipment building, a generator
(if any), cables, cable supports, antennas, antenna structures and mounting brackets all
of sufficient number and type now or in the future to meet TENANT's telecommunication
needs and all necessary connecting appurtenances. It is understood and agreed that this
is an unmanned facility. TENANT may at its discretion modify its antennas or equipment
provided TENANT obtains any necessary permits and approvals from LESSOR, which
approval shall not be unreasonably withheld or delayed. LESSOR agrees to approve any
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modification to antennas or equipment on the Water Tower which constitutes a one for one
exchange of antennas or does not adversely affect the appearance of the Water Tower,
provided TENANT complies with the interference provisions of Paragraph 13. of this
Agreement and the replacement antennas do not result in a material increase in load on
the Water Tower structure. Further, LESSOR's approval shall not be required for changes
to equipment placed in TENANT's equipment building. A security fence consisting of chain
link construction or similar but comparable construction may at the option of TENANT be
placed around the perimeter of the ground level portion of the Property (not including the
access easement). All improvements shall be at TENANT's expense. LESSOR grants
TENANT the right to use adjoining and adjacent land then owned by LESSOR as is
reasonably required during construction and installation of the Communications Facility or
during any replacement or repair of the Communications Facility, provided such use does
not interfere with any existing improvements within said adjoining and adjacent land.
TENANT will maintain the Property in a reasonable condition. It is understood and agreed
that TENANT's ability to use the Property is contingent upon its obtaining after the
execution date of this Agreement, all of the certificates, permits and other approvals that
may be required by any federal, state or local authorities, including City of Clermont site
plan approval. TENANT shall meet all applicable codes. LESSOR shall cooperate with
TENANT in its effort to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use thereof by
TENANT. LESSOR agrees to sign such papers as are customarily and reasonably
required to file applications with the appropriate zoning authority and/or commission for the
proper zoning of the Property as required for the use intended by the TENANT. TENANT
will perform all other acts and bear expenses associated with the rezoning procedure.
LESSOR agrees not to register any written or verbal opposition to the rezoning procedures,
unless such opposition arises from planning, zoning, building or other department review
of the rezoning in accordance with LESSOR's normal rezoning review process.
Notwithstanding any other termination rights available to TENANT under this Agreement,
TENANT, at its sole and absolute discretion, shall have the right to terminate this
Agreement with ninety (90) days prior written notice to LESSOR and a lump sum payment
to LESSOR in an amount equal to nine months rental at the rate in effect at the time of
termination. Notice of the TENANT's exercise of its right to terminate shall be given to
LESSOR in writing by certified mail, return receipt requested, and shall be effective upon
receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid
to said termination date shall be retained by the LESSOR. Upon such termination, this
Agreement shall become null and void and all the parties shall have no further obligations,
including the payment of money, to each other, provided TENANT has complied with
Paragraph 11 of this Agreement.
8. TENANT shall indemnify and hold LESSOR harmless against any claims of
liability or loss from personal injury or property damage resulting from or arising out of the.
use and occupancy of the Property by the TENANT, its servants or agents, excepting,
however, such claims or damages as may be due to or caused by the acts of the LESSOR,
or its servants or agents.
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9. TENANT shall at all times during the term of this Agreement either: (i) self-
insure against any loss or damage which could be covered by a commercial general public
liability insurance policy and provide certification acceptable to LESSOR of TENANT's
adequate net worth (net worth of greater than $50,000,000 will be deemed to be adequate
net worth), or (ii) maintain commercial general liability insurance in an aggregate amount
of at least $1 ,000,000.00 with the LESSOR named as an additional insured on the policy
or policies and provide LESSOR with a Certificate of Insurance evidencing such insurance
coverage.
10. TENANT shall be responsible for making any necessary returns for and
paying any and all property taxes separately levied or assessed against its improvements
on the Property and the portion of the real property occupied by TENANT. TENANT shall
reimburse LESSOR as additional rent for any increase in real estate taxes levied against
the Property which are directly attributable to the improvements constructed by TENANT
and are not separately levied or assessed against TENANT's improvements by the taxing
authorities.
11. Title to all improvements constructed or installed by TENANT on the Property
shall remain the personal property of TENANT, and not fixtures, regardless of whether
such improvements are attached or affixed to the Property. TENANT, upon termination
of this Agreement shall, within a reasonable period not to exceed ninety (90) days, remove
all improvements, fixtures and personal property constructed or installed on the Property
by TENANT and restore the Property to its original condition, reasonable wear and tear
and loss by casualty or other causes beyond TENANT's control excepted. If such time for
removal causes TENANT to remain on the Property after termination of this Agreement,
TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro-rata
basis if based upon a longer payment term, until such time as the removal of personal
property and fixtures are completed.
12. Should the LESSOR, at any time during the term of this Agreement, decide
to sell the Water Tower or any part of its property which includes the Property or any part
thereof, such transfer shall be under and subject to this Agreement and TENANT's rights
hereunder.
13. LESSOR covenants that TENANT, on paying the rent and performing the
covenants shall peaceably and quietly have, hold and enjoy the Property. LESSOR shall
not use, nor permit its tenants, licenses, invitees or agents to use any portion of the Water
Tower or any adjoining or proximate property of LESSOR in any way that interferes with
the operations of TENANT. TENANT may enforce this provision at law or in equity.
However, any uses of the Water Tower or any adjoining or proximate property of LESSOR
existing at the time of execution of this Agreement which are disclosed to TENANT by
LESSOR or are readily observable by TENANT shall be considered as existing conditions
acceptable to TENANT, and LESSOR shall not be required to alter, modify or discontinue
the existing use. TENANT agrees to install the equipment comprising its Communications
Facility (the "Equipment") only of types and generating frequencies which will not cause
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interference to transmissions or signals from LESSOR and other users of the Water Tower
as may be already in place on the Water Tower as of the date of this Agreement. In the
event the Equipment causes such interference, TENANT will take prompt action and all
steps necessary to correct and eliminate the interference. If the interference cannot be
eliminated with in 48 hours after receipt of written notice from LESSOR to TENANT,
TENANT shall temporarily disconnect the electric power and shut down the Equipment
(except for intermittent operation for the purpose ottesting, after performing maintenance,
repair, modification, replacement, or other action taken for the purpose of correcting such
interference) and if such interference is not corrected within 30 days after receipt of the
written notice, TENANT agrees to remove the Equipment from the Water Tower and the
Property and this Agreement shall terminate as if by expiration. After the Equipment has
been installed, LESSOR shall place similar restrictions upon interference with TENANT's
frequencies on others using the Water Tower with LESSOR's permission, or under
LESSOR's authority, installed on the Water Tower after the date of this Agreement.
LESSOR agrees to use diligent efforts to enforce the restrictions, and TENANT may
enforce the restrictions at law or in equity. Should LESSOR fail to cure the cause of any
such interference within 45 days of LESSOR's receipt of written notice of the interference,
TENANT may remove the Equipment from the Water Tower and Property and terminate
this Agreement.
14. LESSOR covenants that LESSOR is seized of a good and sufficient
ownership interest to the Property and has full authority to enter into and execute this
Agreement. LESSOR further covenants that there are no other liens, judgments or
impediments of title on the Property.
15. It is agreed and understood that this Agreement contains all agreements,
promises and understandings between the LESSOR and TENANT and that no verbal or
oral agreements, promises or understandings shall be binding upon either the LESSOR
or TENANT in any dispute, controversy or proceeding at law, and any addition, variation
or modification to this Agreement shall be void and ineffective unless made in writing and
signed by the parties.
16. This Lease Agreement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State of Florida.
17. This Agreement may not be sold, assigned or transferred at any time except
to TENANT's principal, affiliates or subsidiaries of its principal or to any company upon
which TENANT is merged or consolidated. As to other parties, this Agreement may not
be sold, assigned or transferred without the written consent of the LESSOR, such consent
not to be unreasonably withheld.
18. All notices hereunder must be in writing and shall be deemed validly given
if sent by certified mail, return receipt requested, or by nationally recognized overnight
delivery service addressed as follows (or any other address that the party to be notified
may have designated to the sender by like notice):
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LESSOR:
City of Clermont, Florida
One Westgate Plaza
Clermont, Florida 34712-0219
Attention: City Manager
TENANT:
BellSouth Mobility Inc
5201 Congress Avenue
Boca Raton, Florida 33487
Attn: Network Real Estate Manager
19. This Agreement shall extend to and bind the heirs, personal representatives,
successors and assigns of the parties hereto.
20.
mortgage.
21 . If the whole of the Property or such portion thereof as will make the Property
unusable forthe purposes herein leased, is 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 condemning authorities, and
rental shall be accounted for as between LESSOR and TENANT as of that date. Any
lesser condemnation shall in no way affect the respective rights and obligations of
LESSOR and TENANT hereunder. Nothing in this paragraph shall be construed to limit
or adversely affect TENANT's right to an award of compensation from any condemnation
proceeding for the taking of TENANT's improvements, fixtures, equipment and personal
property or for TENANT's relocation costs; however, any award which is compensation for
the taking of the fee simple interest in the Property shall be the sole property of the
LESSOR.
LESSOR represents and warrants that the Property is not subject to a
22. LESSOR and TENANT agree that a Short Form of this Lease Agreement will
be forwarded for recording in the appropriate office of the County of Lake, and LESSOR
and TENANT agree to take such actions as may be necessary to permit such recording.
TENANT, at TENANT's option and expense, may obtain title insurance on the space
leased herein. LESSOR, shall cooperate with TENANT's efforts to obtain such title
insurance policy by executing documents or, at TENANT's expense, obtaining requested
documentation as required by the title insurance company. If title is found to be defective,
LESSOR shall use diligent effort to cure the defects in title. At TENANT's option, should
the LESSOR fail to provide requested documentation within thirty (30) days of TENANT's
request, TENANT may withhold and accrue the monthly rental until such time as the
requested document(s) is (are) received, or if title is found to be defective and LESSOR
has failed to cure the defects within a reasonable period, TENANT may cancel this
Agreement or cure the title defect at LESSOR's expense utilizing the withheld payments.
23. If TENANT defaults in fulfilling any of the covenants of this Agreement and
such default shall continue for sixty (60) days after TENANT's receipt of written notice from
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LESSOR 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) day period, if TENANT shall not in good faith commence the curing or remedying of
such default within such sixty (60) day period and shall not thereafter diligently proceed
therewith to completion, then in anyone or more of such events this Agreement shall
terminate and come to an end as fully and completely as if such were the day herein
definitely fixed for the end and expiration of this Agreement and TENANT shall then quit
and surrender the Property to LESSOR as provided herein.
24. If TENANT's Communications Facility or improvements are damaged or
destroyed by fire or other casualty, TENANT shall not be required to repair or replace the
Communications Facility or any of TENANT's improvements made by TENANT. TENANT
shall not be required to expend for repairs more than twenty-five percent (25%) of the
replacement value of the Communications Facility or any improvements. Additionally, if
completion of the repairs is not possible within ninety (90) days following the date of the
damage or destruction, TENANT may terminate this Agreement by giving written notice to
LESSOR. Termination shall be effective immediately after such notice is given. Upon such
termination, this Agreement shall become null and void and LESSOR and TENANT shall
have no other further obligations to each other, other than TENANT's obligation to remove
its property as provided in Paragraph 11.
25. In connection with any litigation arising out of this Agreement, the prevailing
party, whether LESSOR or TENANT, shall be entitled to recover all reasonable costs
incurred including reasonable attorney's fees for services rendered in connection with any
enforcement of breach of contract, including appellate proceedings and post judgment
proceedings.
26.
In accordance with Florida Law, the following statement is hereby made:
RADON GAS: Radon is a natural 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.
27. To the extent allowed by law, LESSOR shall hold TENANT harmless from
and indemnify TENANT against and from any damage, loss, expenses or liability resulting
from the discovery by any person of hazardous substance generated, stored, disposed of,
or transported to or over Property, as long as such substance was not stored, disposed of,
or transported to or over the Property by TENANT, its agents, contractors, employees, or
invitees. TENANT will not introduce onto the Property or adjoining properties any
hazardous substances and, if TENANT should do so, TENANT will be responsible for any
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and all damages, losses, and expenses and will indemnify LESSOR against and from any
discovery by any persons or such hazardous wastes generated, stored, or disposed of as
a result of TENANT's equipment and uses of the aforementioned Property. TENANT shall
promptly remove any such hazardous substances introduced on the Property by TENANT,
and TENANT's failure to commence doing so within 30 days after notice by LESSOR, or
any shorter time directed by any state, county or regional agency, shall result in the
termination of this Agreement.
28. This Agreement shall be executed in three (3) counterparts, each of which
shall be deemed an original, and such counterparts shall constitute but one and the same
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals.
Signed, sealed and delivered
in the presence of:
THE CITY OF CLERMONT
Ylfkh~ ~
Name printed' tJ I< Qn d
~~
Name printed:~ L::tLVI ~
~
Name: ~A'I'T//.r 7}/Jd t///{~ ~
Title: ~~,,~
STATE OF FLORIDA
COUNTY OF DUVAL .J..A-¡¿G"
The foregoing instrument V{as acknowledged before me thisd5" day of~, 2000,
by \\AQ.c\ ~ S .\Unh\~, the --.Û\ö..-~ð ( of THE CITY OF
CL~~~~ municipal corporation, on behalf of the corporation. Helshe i~o'naJÐ
c:::k~ has produced as
icentification.
Q
NOTARY P~IC
Print Name: ~~ I ~li\. .J . \'\\M;)(\\)C-
Commission No.
My Commission Expires:
.~\\ì\~~ PATRICIA L, MADDOX
. . ¡.\ MY COMMISSION It CC 776048
.i"f EXPIRES: September 17, 2002
. .' Bonded Thru Notary Public Underwriters
(Seal)
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Ø::- ~ELLSOUTH MOBILITY INC
Signed, sealed and delivered
in the presence of:
Name printed:
STATE OF 6r&tJ¡¿(;,/~
COUNTY OF
M-u ro AJ
Stephen A. Brake.
Assistant Vice President
The foregoing instrument was acknowledged before me this 1L day of 2>~,
2000, by 6f.ephf:41 /J. , I6ra.Jc-e ,the Ass!. V'¡c¿~~ of
BELLSOUTH MOBILITY INC, a Georgia corporation, on behalf of the corporation, who is
personally known to me or who has produced as
identification.
My Commission Expires: D~zf~
~'ÌJJ,~
NOTARY PUBLIC
Print Name: (Y)E:ú)DI~ /ñ. f/ot>~
Commission No. 6uJ¡IIIAl6--a é'ot.lll11Y .
(Seal)
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EXHIBIT A
The parties agree that a sketch depicting the site may be
initialed by the parties and attached hereto as Exhibit A.
Regardless, this Exhibit A will be superseded by the surveyed
legal description of the Property which will be attached to the
Agreement as Exhibit B.
Exhibit
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CLERMONT
8ELLSOUTH MOBILITY
JOB No. 9904-41
GSELL SOUTH Mobility.
5601 CONGRESS AVE
BOCA RATON, FL
DlssroN AVE
CLEAwONT. FL
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@ BEL~OUTH Mobility
BellSouth Mobility
5201 Congress Avenue
Boca Raton, Florida 33487
561 995-3000
December 12, 2000
FEDERAL EXPRESS
City of Clermont, Florida
One Westgate Plaza
Clermont, FL 34712-0219
Att: City Manager
Re: BellSouth Mobility Cell Site: "Downtown Clermont"
Dear Sir/ Madam:
Enclosed please find two (2) original Site Sublease Agreements between Bel/South
Mobility, Inc. and the City of Clermont. for the above referenced site, which have
been fully executed Please retain these in your files.
Should you have any questions in regard to the Agreement, please feel free to
contact Carol Watling at 404-249-4484.
~
Nessiffer Abhaisingh
Real Estate & Construction Administrator
Enclosure (3)
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LEASE AGREEMENT
This Agreement is made thisd5äay of 41.lJIJßT ,2000, between THE CITY OF
CLERMONT, the address of which is ~Q-k. Ola?~'eïl:\\Of\j- ~\ ~
hereinafter designated LESSOR, and BELLSOUTH OBILITY I C, with offices at 520
Congress Avenue, Boca Raton, Florida 33487, hereinafter designated TENANT.
RECITALS:
LESSOR is the owner Qf an ap"proximately 100 foot tall water tower (the "Water
Tower") located at j) 1 SC;+-O n ~ U-f' J ,Clermont, Florida. TENANT wishes
to Lease from LESSOR the following (the "Property"): (i) a portion of the Water Tower at
approximately the..ll..ò- foot level for the placement and use of its wireless communications
antennas, cables and mounting brackets, (ii) a 3.\ I by 2:Q.' portion ofthe ground adjacent
to the Water Tower for the placement and use of its related communications equipment
and generator (if any) and (iii) an easement for ingress, egress and utilities from the
nearest public right-of-way, namely, Highland Avenue. The Property is more specifically
described in and substantially shown outlined in red on Exhibit "A" attached hereto and
made a part hereof.
NOW, THEREFORE, in consideration of a sum of ten dollars and other good and
valuable consideration, the receipt and sufficiency of whcih are hereby acknowledge, the
parties hereby agree as follows:
LEASE AGREEMENT
1. LESSOR hereby leases to TENANT the Property. The parties agree that
pursuant to the "Survey" provisions below, it is intended that the legal description from the
survey will be attached hereto as Exhibit B and serve as the description of the Property.
LESSOR shall cooperate with TENANT in TENANT's effort to obtain utility services along
the portion of the Property comprising the right of way by signing such documents or
easements as may be required by said utility companies. In the event any public utility is
unable to use the aforementioned right of way, the LESSOR hereby agrees to grant an
alternative right of way or utility easement either to the TENANT or to the public utility at
no cost to the TENANT. All utilities serving TENANT's use of the Property shall be
installed underground.
2. LESSOR also hereby grants to TENANT the right to survey said Property,
and the legal description on said survey shall then become Exhibit "B", which shall be
attached hereto and made a part hereof, and shall control in the event of discrepancies
between it and Exhibit "A". LESSOR grants TENANT the right to take measurements,
make calculations, and to note other structures, setbacks, uses, or other information as
deemed by TENANT to be relevant and pertinent, as such information relates to LESSOR's
real property, leased or otherwise abutting or surrounding the Property. Cost for such
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survey work shall be borne by the TENANT.
3. This Agreement shall be for an initial term of five (5) years beginning on the
earlier of: (a) the date that TENANT provides notice to LESSOR that TENANT has
completed its due diligence, obtained its permits and wishes to commence the term or (b)
the date which TENANT begins the installation of its equipment on the Property.
Notwithstanding the foregoing, the commencement date shall be no later than ninety (90)
days after the date which this Agreement is executed by the parties hereto. The annual
rental due for the initial year of the initial term shall be THIRTY THOUSAND Dollars
($30,000.00), plus applicable taxes, to be paid in equal monthly installments on the first
day of the month, in advance to LESSOR or to such other person, firm or place as the
LESSOR may, from time to time, designate in writing at least thirty (30) days in advance
of any rental payment date. Annual rental for each subsequent year of the initial term shall
increase by five percent from the annual rental for the previous year, such increase to be
effective upon each anniversary of the commencement of the term of this Lease.
4. TENANT shall have the option to extend this lease for three (3) additional five
(5) year terms, and such extensions shall automatically occur unless TENANT gives
LESSOR written notice of its intention not to extend this Lease Agreement at least six (6)
months prior to the end of the current term.
5. The annual rental for the first year of the first (1 st) five year extension term
shall be equal to the annual rental in effect for the final year of the initial term, plus five
percent. The annual rental for each subsequent year of the renewal terms shall increase
by five percent from the annual rental for the previous year, such increase to be effective
upon each anniversary of the commencement of the term of this Lease.
6. If at the end of the third (3rd) five (5) year extension term this Agreement has
not been terminated by either party by giving to the other written notice of an intention to
terminate it at least six (6) months prior to the end of such term, this Agreement shall
continue in force upon the same covenants, terms and conditions for a further term of one
(1) year, and for annual terms thereafter until terminated by either party by giving to the
other written notice of its intention to so terminate at least six (6) months prior to the end
of such term. Monthly rental for this period shall be equal to the rent paid for the last
month of the fourth (4th) five (5) year extension term.
7. TENANT shall use the Property for the purpose of constructing, maintaining
and operating a communications facility and uses incidental thereto (the "Communications
Facility"), consisting of telecommunications equipment, an equipment building, a generator
(if any), cables, cable supports, antennas, antenna structures and mounting brackets all
of sufficient number and type now or in the future to meet TENANT's telecommunication
needs and all necessary connecting appurtenances. It is understood and agreed that this
is an unmanned facility. TENANT may at its discretion modify its antennas or equipment
provided TENANT obtains any necessary permits and approvals from LESSOR, which
approval shall not be unreasonably withheld or delayed. LESSOR agrees to approve any
2
.
.
modification to antennas or equipment on the Water Tower which constitutes a one for one
exchange of antennas or does not adversely affect the appearance of the Water Tower,
provided TENANT complies with the interference provisions of Paragraph 13. of this
Agreement and the replacement antennas do not result in a material increase in load on
the Water Tower structure. Further, LESSOR's approval shall not be required for changes
to equipment placed in TENANT's equipment building. A security fence consisting of chain
link construction or similar but comparable construction may at the option of TENANT be
placed around the perimeter of the ground level portion of the Property (not including the
access easement). All improvements shall be at TENANT's expense. LESSOR grants
TENANT the right to use adjoining and adjacent land then owned by LESSOR as is
reasonably required during construction and installation ofthe Communications Facility or
during any replacement or repair of the Communications Facility, provided such use does
not interfere with any existing improvements within said adjoining and adjacent land.
TENANT will maintain the Property in a reasonable condition. It is understood and agreed
that TENANT's ability to use the Property is contingent upon its obtaining after the
execution date of this Agreement, all of the certificates, permits and other approvals that
may be required by any federal, state or local authorities, including City of Clermont site
plan approval. TENANT shall meet all applicable codes. LESSOR shall cooperate with
TENANT in its effort to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use thereof by
TENANT. LESSOR agrees to sign such papers as are customarily and reasonably
required to file applications with the appropriate zoning authority and/or commission forthe
proper zoning of the Property as required for the use intended by the TENANT. TENANT
will perform all other acts and bear expenses associated with the rezoning procedure.
LESSOR agrees not to register any written or verbal opposition to the rezoning procedures,
unless such opposition arises from planning, zoning, building or other department review
of the rezoning in accordance with LESSOR's normal rezoning review process.
Notwithstanding any other termination rights available to TENANT under this Agreement,
TENANT, at its sole and absolute discretion, shall have the right to terminate this
Agreement with ninety (90) days prior written notice to LESSOR and a lump sum payment
to LESSOR in an amount equal to nine months rental at the rate in effect at the time of
termination. Notice of the TENANT's exercise of its right to terminate shall be given to
LESSOR in writing by certified mail, return receipt requested, and shall be effective upon
receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid
to said termination date shall be retained by the LESSOR. Upon such termination, this
Agreement shall become null and void and all the parties shall have no further obligations,
including the payment of money, to each other, provided TENANT has complied with
Paragraph 11 of this Agreement.
8. TENANT shall indemnify and hold LESSOR harmless against any claims of
liability or loss from personal injury or property damage resulting from or arising out of the.
use and occupancy of the Property by the TENANT, its servants or agents, excepting,
however, such claims or damages as may be due to or caused by the acts of the LESSOR,
or its servants or agents.
3
.
.
9. TENANT shall at all times during the term of this Agreement either: (i) self-
insure against any loss or damage which could be covered by a commercial general public
liability insurance policy and provide certification acceptable to LESSOR of TENANT's
adequate net worth (net worth of greater than $50,000,000 will be deemed to be adequate
net worth), or (ii) maintain commercial general liability insurance in an aggregate amount
of at least $1,000,000.00 with the LESSOR named as an additional insured on the policy
or policies and provide LESSOR with a Certificate of Insurance evidencing such insurance
coverage.
10. TENANT shall be responsible for making any necessary returns for and
paying any and all property taxes separately levied or assessed against its improvements
on the Property and the portion of the real property occupied by TENANT. TENANT shall
reimburse LESSOR as additional rent for any increase in real estate taxes levied against
the Property which are directly attributable to the improvements constructed by TENANT
and are not separately levied or assessed against TENANT's improvements by the taxing
authorities.
11. Title to all improvements constructed or installed by TENANT on the Property
shall remain the personal property of TENANT, and not fixtures, regardless of whether
such improvements are attached or affixed to the Property. TENANT, upon termination
of this Agreement shall, within a reasonable period not to exceed ninety (90) days, remove
all improvements, fixtures and personal property constructed or installed on the Property
by TENANT and restore the Property to its original condition, reasonable wear and tear
and loss by casualty or other causes beyond TENANT's control excepted. If such time for
removal causes TENANT to remain on the Property after termination of this Agreement,
TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro-rata
basis if based upon a longer payment term, until such time as the removal of personal
property and fixtures are completed.
12. Should the LESSOR, at any time during the term of this Agreement, decide
to sell the Water Tower or any part of its property which includes the Property or any part
thereof, such transfer shall be under and subject to this Agreement and TENANT's rights
hereunder.
13. LESSOR covenants that TENANT, on paying the rent and performing the
covenants shall peaceably and quietly have, hold and enjoy the Property. LESSOR shall
not use, nor permit its tenants, licenses, invitees or agents to use any portion of the Water
Tower or any adjoining or proximate property of LESSOR in any way that interferes with
the operations of TENANT. TENANT may enforce this provision at law or in equity.
However, any uses of the Water Tower or any adjoining or proximate property of LESSOR
existing at the time of execution of this Agreement which are disclosed to TENANT by
LESSOR or are readily observable by TENANT shall be considered as existing conditions
acceptable to TENANT, and LESSOR shall not be required to alter, modify or discontinue
the existing use. TENANT agrees to install the equipment comprising its Communications
Facility (the tlEquipmenttl) only of types and generating frequencies which will not cause
4
.
.
interference to transmissions or signals from LESSOR and other users of the Water Tower
as may be already in place on the Water Tower as of the date of this Agreement. In the
event the Equipment causes such interference, TENANT will take prompt action and all
steps necessary to correct and eliminate the interference. If the interference cannot be
eliminated with in 48 hours after receipt of written notice from LESSOR to TENANT,
TENANT shall temporarily disconnect the electric power and shut down the Equipment
(except for intermittent operation for the purpose of testing, after performing maintenance,
repair, modification, replacement, or other action taken for the purpose of correcting such
interference) and if such interference is not corrected within 30 days after receipt of the
written notice, TENANT agrees to remove the Equipment from the Water Tower and the
Property and this Agreement shall terminate as if by expiration. After the Equipment has
been installed, LESSOR shall place similar restrictions upon interference with TENANT's
frequencies on others using the Water Tower with LESSOR's permission, or under
LESSOR's authority, installed on the Water Tower after the date of this Agreement.
LESSOR agrees to use diligent efforts to enforce the restrictions, and TENANT may
enforce the restrictions at law or in equity. Should LESSOR fail to cure the cause of any
such interference within 45 days of LESSOR's receipt of written notice of the interference,
TENANT may remove the Equipment from the Water Tower and Property and terminate
this Agreement.
14. LESSOR covenants that LESSOR is seized of a good and sufficient
ownership interest to the Property and has full authority to enter into and execute this
Agreement. LESSOR further covenants that there are no other liens, judgments or
impediments of title on the Property.
15. It is agreed and understood that this Agreement contains all agreements,
promises and understandings between the LESSOR and TENANT and that no verbal or
oral agreements, promises or understandings shall be binding upon either the LESSOR
or TENANT in any dispute, controversy or proceeding at law, and any addition, variation
or modification to this Agreement shall be void and ineffective unless made in writing and
signed by the parties.
16. This Lease Agreement and the performance thereof shall be governed,
interpreted, construed and regulated by the laws of the State of Florida.
17. This Agreement may not be sold, assigned or transferred at any time except
to TENANT's principal, affiliates or subsidiaries of its principal or to any company upon
which TENANT is merged or consolidated. As to other parties, this Agreement may not
be sold, assigned or transferred without the written consent of the LESSOR, such consent
not to be unreasonably withheld.
18. All notices hereunder must be in writing and shall be deemed validly given
if sent by certified mail, return receipt requested, or by nationally recognized overnight
delivery service addressed as follows (or any other address that the party to be notified
may have designated to the sender by like notice):
5
.
.
LESSOR:
City of Clermont, Florida
One Westgate Plaza
Clermont, Florida 34712-0219
Attention: City Manager
TENANT:
BellSouth Mobility Inc
5201 Congress Avenue
Boca Raton, Florida 33487
Attn: Network Real Estate Manager
19. This Agreement shall extend to and bind the heirs, personal representatives,
successors and assigns of the parties hereto.
20.
mortgage.
LESSOR represents and warrants that the Property is not subject to a
21 . If the whole of the Property or such portion thereof as will make the Property
unusable for the purposes herein leased, is 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 condemning authorities, and
rental shall be accounted for as between LESSOR and TENANT as of that date. Any
lesser condemnation shall in no way affect the respective rights and obligations of
LESSOR and TENANT hereunder. Nothing in this paragraph shall be construed to limit
or adversely affect TENANT's right to an award of compensation from any condemnation
proceeding for the taking of TENANT's improvements, fixtures, equipment and personal
property or for TENANT's relocation costs; however, any award which is compensation for
the taking of the fee simple interest in the Property shall be the sole property of the
LESSOR.
22. LESSOR and TENANT agree that a Short Form of this Lease Agreement will
be forwarded for recording in the appropriate office of the County of Lake, and LESSOR
and TENANT agree to take such actions as may be necessary to permit such recording.
TENANT, at TENANT's option and expense, may obtain title insurance on the space
leased herein. LESSOR, shall cooperate with TENANT's efforts to obtain such title
insurance policy by executing documents or, at TENANT's expense, obtaining requested
documentation as required by the title insurance company. If title is found to be defective,
LESSOR shall use diligent effort to cure the defects in title. At TENANT's option, should
the LESSOR fail to provide requested documentation within thirty (30) days of TENANT's
request, TENANT may withhold and accrue the monthly rental until such time as the
requested document(s) is (are) received, or if title is found to be defective and LESSOR
has failed to cure the defects within a reasonable period, TENANT may cancel this
Agreement or cure the title defect at LESSOR's expense utilizing the withheld payments.
23. If TENANT defaults in fulfilling any of the covenants of this Agreement and
such default shall continue for sixty (60) days after TENANT's receipt of written notice from
6
.
.
LESSOR 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) day period, if TENANT shall not in good faith commence the curing or remedying of
such default within such sixty (60) day period and shall not thereafter diligently proceed
therewith to completion, then in anyone or more of such events this Agreement shall
terminate and come to an end as fully and completely as if such were the day herein
definitely fixed for the end and expiration of this Agreement and TENANT shall then quit
and surrender the Property to LESSOR as provided herein.
24. If TENANT's Communications Facility or improvements are damaged or
destroyed by fire or other casualty, TENANT shall not be required to repair or replace the
Communications Facility or any of TENANT's improvements made by TENANT. TENANT
shall not be required to expend for repairs more than twenty-five percent (25%) of the
replacement value of the Communications Facility or any improvements. Additionally, if
completion of the repairs is not possible within ninety (90) days following the date of the
damage or destruction, TENANT may terminate this Agreement by giving written notice to
LESSOR. Termination shall be effective immediately after such notice is given. Upon such
termination, this Agreement shall become null and void and LESSOR and TENANT shall
have no other further obligations to each other, other than TENANT's obligation to remove
its property as provided in Paragraph 11.
25. In connection with any litigation arising out of this Agreement, the prevailing
party, whether LESSOR or TENANT, shall be entitled to recover all reasonable costs
incurred including reasonable attorney's fees for services rendered in connection with any
enforcement of breach of contract, including appellate proceedings and post judgment
proceedings.
26.
In accordance with Florida Law, the following statement is hereby made:
RADON GAS: Radon is a natural 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.
27. To the extent allowed by law, LESSOR shall hold TENANT harmless from
and indemnify TENANT against and from any damage, loss, expenses or liability resulting
from the discovery by any person of hazardous substance generated, stored, disposed of,
or transported to or over Property, as long as such substance was not stored, disposed of,
or transported to or over the Property by TENANT, its agents, contractors, employees, or
invitees. TENANT will not introduce onto the Property or adjoining properties any
hazardous substances and, if TENANT should do so, TENANT will be responsible for any
7
.
.
and all damages, losses, and expenses and will indemnify LESSOR against and from any
discovery by any persons or such hazardous wastes generated, stored, or disposed of as
a result of TENANT's equipment and uses ofthe aforementioned Property. TENANT shall
promptly remove any such hazardous substances introduced on the Property by TENANT,
and TENANT's failure to commence doing so within 30 days after notice by LESSOR, or
any shorter time directed by any state, county or regional agency, shall result in the
termination of this Agreement.
28. This Agreement shall be executed in three (3) counterparts, each of which
shall be deemed an original, and such counterparts shall constitute but one and the same
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals.
Signed, sealed and delivered
in the presence of:
THE CITY OF CLERMONT
V1)-, ~
N.m.~ - - -. ~ 1n{u:.../@d
~V'6
~~~
Name: ~¥rr:' /d-',t-W'r::<'" ~
Title: ./H~/l
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument ~as acknowledged before me thiscÌS" day of&c'16 ,2000,
by Jjll~n\C') S ."'t\ir-\II \\.0.. ,the 3Y\~(')\ ~fî9:iEClTY OF
CLERMONT a municipal corporation, on behalf ò the corporation. He/she is ~nalJV
nome or as produced as
0 entific .
A~~'MJk... PATRICIA L. MADDOX
!.~'ifi:'f:~ MY COMMISSION # CC 776048
: ~.~~§ EXPIRES: September 17. 2002
~1.P.' OF ....~.., Bonded Thru Notary Public UnderwrltelS
. """.
-~ .t "..; . J. 'j\/\ Clr \ (þ.>,c
NOTARY P~IC M
Print Name: ì\~JC\~ ~ ~ dò)C
Commission No.
My Commission Expires:
(Seal)
8
.
.
~ELLSOUTH MOBILITY INC
,
Signed, sealed and delivered
in the presence of:
c;,.,-re h~
Name printed: ~~ ~/
STATE OF 660~/11-
Stephen A. Drakð,
Assistm:¡t Vice rraãidel,t
COUNTY OF Fu..t-'7ollJ
The foregoing instrument was acknowledged before me this -.6. day of ~ - ,
2000, by S+qh~ A. 8rr::Ut..¿ ,the As~1-. Vrc:::c..' ~~ of
BELLSOUTH MOBILITY INC, a Georgia corporation, on behalf of the corporation, who is
..per~onally kr::19Wr::1 tn me or who has produced as
identification.
My Commission Expires: ÐiZ6J7C13
~'/Ã~
NOTARY PUBLIC
Print Name: fVlEt.lJD/6m./IotJk.G<.
Commission No. 6wIAiIt/677 (!.rJqAftY
(Seal)
9
. .
.
.
EXHIBIT A
The parties agree that a sketch depicting the site may be
initialed by the parties and attached hereto as Exhibit A.
Regardless, this Exhibit A will be superseded by the surveyed
legal description of the Property which will be attached to the
Agreement as Exhibit B.
HIGHLAND AVE
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Exhibit
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(181M)
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PROPOSED (:QNTJNuOus
HEDCf (WAI IttRTlE)-
____31-0:'_- ___no
IIAIDCE
PROPOStD .' OWH LlNIC
FfNCf IWI8£D WIRE -
APPROX. NORTH!
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SITE LAYOUT
APPROX SCALE. , - - 20'
GSELL SOUTH Mobility-
5601 CONGRESS AvE
BOCA RATON, FL
DlssrON AvE
CL£RIootONT - FL
1
or
CLERMONT
8ELLSOUTH MOBILITY
Joe No. 9904-41
r-r-..,..,..",... r-.r-
~~-~-~-~.~-
04/04/2001
09:44
EDWARDS, COHEN & JACOBS PA.
NO. 593
¡;J01
..
.
EDWIUlDS, COHEN, JACOBS, 1L4RAMIS" BURNE7T. PeA.
The Ql'eenleu/ /lvi/ding, J 3th Floor
200 North Laura Street
JacbOlWiUe, Florida 32202
(904) 633-79'19 .. FØC3illlile .. (904) 633.9026
FACSIMILE COVER LETIER
FOR IMMEDIATE DELIVERY
~~
vJ~C-
9.
~~ .dÌÕ
TO:
FROM:
Theresa
John C, Sawyer. Jr.
Machine Phone:
(352) 394.1452
(352) 394-4081x300
Office Phone:
COMMENTS:
Theresa. The new exhibits need to be attached to the ahort
form. and then recorded In the public recorda. J will falm
care of haYing the short form recorded if you will let me
know whether the City ha. any objection to the exhlblt8.
The exhlblta to the shari farm you r8COnIecI .,.
Inadequate to provide adequate record notlae of
BeIlSauth'. Int8rest. Plea.8 let me know. ThlUlk you.
((I eft 0 1
'-1M
PL6
ob j eel- ) ðvC
)'5 Æc~
(O~,i4
DATE:
TIME S1 ARTED:
April4,2001
TOTAL NUMBER OF PAGES INCLUDING COVER LETTER: 2
IF YOU DO NOT RECEIVE All THE PAGES, PLEASE CALL BACK AS SOON AS
POSSIBLE AT THE FOLLOWING NUMBER; (904) 633-7979.
OPERATOR
FILE NO:
This faCSimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION Intended un!, for the use or the
Addressee(') nlmed above. "you Ire not thelnten4ed recipient afthls facsimile, or DIe employee or 1gent' respans1b18
for dellverln llt to the Intendecl recipient, you Ire hereby n~ed It'IIIt Iny disseminatiOn or copying of It'Iis facsimile is
strictly prahibitecl. If you hBY8 naIvecI this faClimile in error, pl...e immedletely notify UI Þytelephøne end retum the
original flollmll8 to us It 118 ebDV8 84dr... vie U. S. Postel 88M.. Thank you for your cooperation In this m"".
03/19/2001
17:28
EDWRRDS. COHEN & JRCOBS PRo
NO. 433
Gl01
.
.
EDW ADS, COHEN, JACOBS, HARAMIS & B URNE17', P.Â.
200 North Laura Street
12th Floor, Greenleaf Building
Jacksonville, Florida 32202
(904) 633.7979 . Telecopier . (904) 633.9026
TELECOPIER COVER LETTER
FOR IMMEDIATE DELIVERY
TO:
MACHINE PHONE:
Theresa
(362) 394.1452
OFFICE PHONE:
FROM:
COMMENTS:
John C. Sawyer, Jr.
Please see the following. Thank you.
DATE:
March 19, 2001
TIME STARTED
TOTAL NUMBER OF PAGES INCLUDING COVER LETTER:
.
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL BACK AS SOON AS
POSSIBLE AT THE FOLLOWING NUMBER: (104) 133-7171.
OPERATOR:
FILE NO.
Jaho Sawyer
Thlli faGlilmlll contaIns PRIVILEGED AND CONFIDENTIAL INFORMATION Intended onl, for the un or Ute
AddRl8&88( &) named aboY.. If you are not ",.Intended recipient of this flCtlmllt, or ttt. employee or agent røsponslble
for dellverfng it to the intended recipient, rau are h8lÜy notlfted ttlld 8n, dllisemlnltlon or c:opyfng of this facalmile 1$
slricll, prahlbit8d. "JOU h.we receMld VII, flcstrnlle in enar, ..... immedl1t8ly nøtlfy UI b1 teIepllO"' 8nd nltum the
oñglnll fBCIlmile to ullI1he llbove acldr". via U.S. Postal SlMcs. Thll'lk you for yaur caapendion In this mltter.
~ rf¡ r/.
3)é7
~tt.\
03/19/2001
17:28
EDWARDS. COHEN & JACOBS PA.
NO. 433
(;102
'eo .
.
.
;. ~
EDWARDS, COHEN, JACOBS, llAllAMIS & BURNE1T, P.A.
The Greenleaf Building, J 2rh Floor
200 North Laura Street
JacksDnvills, FloridD 32202
(904) 633.7979 . Facsimile. (904) 633-9026
FACSIMILE COVER LETTER
FOR IMMEDIATE DELIVERY
TO:
FROM:
I~
Sf.iIL l. Medll8"
John C, Sawyer. Jr.
Office Phone:
(352) 394-1452
(352) 394.3350
Machine Phone:
COMMENTS:
Patricia-Attached Is the Short 'arm Le..e Agreement
between SeliSouth Mobility and the City of Clermont that
the City previously executed. Also attached are the
updated exhibits to the short form, that contain thel.gal
descrfptlona of the 81te. Ple.elet me knaw if the City h-
any objections to attaching the updated Exhlblt&. A legal
description Is necessary to provide record notice of
Bell South's installation. Please give me a call with any
comments or concems. Thank you.
DATE:
March 5, 2001
TIME STARTED:
TOTAL NUMBER OF PAGES INCLUDING COVER LETTER¡.f" ð
IF YOU DO NOT RECEIVE ALL THE PAGES. PLEASE CALL BACK AS SOON AS
POSSIBLE AT THE FOLLOWING NUMBER: (904) 633-7979,
OPERATOR
FILE NO:
~Is facsimile contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the U18 of the
AddresH8(s) nameclllbave. If you are not the Intended recipi8ntafthll facsImile. orth. empJ~yee or Igent resp,nslÞl8
for delivering It to the Intended recipient. yau are hereby notified that an, dissemination or copying of this facsimile Is
strictly prohibited. If you have received this røcslmneln error, please Immediately notify U8 by tllephone and re1um the
03/19/2001
17:28
EDWARDS, COHEN & JACOBS PA.
NO. 433
£il03
..' ...-
.
.
;. ,
P~pared bY and when
reœrded mum to:
John c. sawyer, Jr,
200 North Laure St., 12'" Fir.
Jacksonville. Florida ;12202
This Short Form Lease Agreement is made this 4::- day of ~~OO,
between THE CITY OF CLERMONT, whose address is One Westgate Plaza. Clermont
Florida 34712-0219, hereinafter designated LESSOR, and BELLSOUTH MOBILITY
¿I.L with offices at 5201 Congress Avenue. Boca Raten, Florida 33487. hereinafter
designated TENANT. ~
RECITALS:
A LESSOR and TENANT have entered into that certain Lease Agreement
dated ~f{(." ~,,-...1lr)'tthe .LeaseR), for the lease of certain real property and space on
lESSOR S Water Tower, and access thereto, located on that parcel of land located in
Clermont, Lake County, Florida as described on Exhibit A attached hereto and
incorporated herein by reference (collectively, the .Property").
NOW, THEREFORE, in consideration of ten dollars and other good and valuable
consideration. the parties hereby agree as follows:
1. The foregoing recitations are true and correct and are hereby incorporated
herein by reference,
2. LESSOR, upon the terms and conditions more particularly set forth in the
Lease, which terms and conditions are incorporated herein by reference, and in
consideration of the rent and covenants therein provided, does hereby lease to
TENANT the Property.
3. LESSOR hereby leases to TENANT, and TENANT hereby accepts the
Property for an initial term of five (5) years, commencing on 1:>e.t.em~ l ZO ,
TENANT further has the option to extend the initial term for three (3) additional
consecutive five (5) year periods upon the terms and conditions set forth in the lease
(the -Extension Options.). For purposes of providing notice to third parties hereunder, it .
shall be presumed that the Extension Options have been exercised in the future unless
TENANT executes and records in the public records an instrument which indicates that
an Extension Option has not been exercised or this Shor1 Form has been terminated.
4, LESSOR covenants that TENANT, on paying the rent and performing the
covenants set forth in the Lease, shall peaceably and quietly have. hold and enjoy the
03/19/2001
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EDWRRDS. COHEN & JRCOBS PRo
NO. 433
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Property,
6. It Is understood that this is a Short Form Lease Agreement, which is for
the same rents and upon the same terms as the Lease, which lease is Incorporated
herein by reference and shall be a part of this instrument as fully and completely as If
the Hme were set forth herein,
IN WITNESS WHEREOF, LESSOR and TENANT have signed, sealed and
delivered this Short Form Option Lease Agreement as of the date and year first above
written far the purpose of providing recorded notiçe of TENANT'S rights under the
Option and lease Agreement.
Signed, sealed and delivered
in the presence of:
THE CITY OF CLERMONT
~.f.~~
~~~~
N....,.......: Ill'/" ~()I\.À..
~
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N :.l:!.iI1'QJ d 5. Turv; 1 ~
Title: Mayor
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this r: day of~
~~~' C~~E~M¿;r{I:/~clpal ~:or~~~h'alf of the corporatio~
He/She is personally known to .me or who has produced
- . -- - as identification.
My Commission Expires:
NOTARY PUBLIC
Print Name:
Commission No.
: ~ UY P"nllCfAL ,,~..;. ""'--."
. 00MMI&SI00,. .
. ElFrRES: SIple'
8rnIM.. flIIIIt . . ,
(Seal)
03/19/2001
17:28
EDWRRDS, COHEN & JRCO8S PRo
NO. 433
1i10S
. ...
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N.!€:~.:ff;l! dJ
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Name: ~rI?
~LLSOUTH MOBILfTY~ ¡. S-......
t?"'\C..~,~\"'V L.v\......r~.. L"c.., , ..
~_\.....c..t .
~ #!ft.~ ~
Title: Executive Dìnctor
partuerships i'iëãI'1IR1t8
;'-7.()/
Signed, sealed and delivered
in the presence of:
STATE OF 66>(.~' fir
COUNTY OF RJ L -ro~
The foregoing instrument was acknowledged before me this ~~y of -~,
2001. by ß rUlMI\! A ,~ A-tU I the , ~~ G4.Lt. Y'C.- "þ¡ U Gf1 QfL.. Of
BELlSOUTH MOBILITY INC. a Georgia Lt.-Co.. ( an behalf of the col't'f~ who
is personally known to me SF wAG h.s øF8E8..eed -:-æ-
i"e"t;"~lf(Jn.
My Commission Expires:
ÅIPk' JA . ~
-
NOTARY PUBLIC
o~~t~ Print Name: ~f1..Oole ~ I Hao~
Commission No. érVJ~ ~
~\'I!IIIIIIII""q"..
tJ~ f,. M. 1010 "II'i, (Seal)
0°'\ "....,-"..~+_'\
fÌj'~O'[A~~~\
I.;t I ex,"IR~S e'11 \
. ¡ GEORGIA} ã
fi \ fEe. 25, 2003: ~
\~~CJB~,\G {t ¡
.... /iIIJ ......,,"~..~~'-.,
"' 'IVETT a -.'
~ .~.\.
'III/IIII!:IIIII"""
03/19/2001
17:28
EDWARDS, COHEN & JACOBS PA.
NO. 433
1iJ06
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BELLSOUTH MOBILITY
SITE: DOWNTOWN CLERMONT
. LEASE P ARCBL
LEGAL DESCRIPTION
ALL mAT TRACT OR. PARCEL OF LAND L Y1NG IN SECTION 19, TOWNSHIP 22 SOUTH,
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING APOR.TJON OF LOT 187, CLERMONT
HElOHrS, ACCORDING TO mE PLAT 1HEREOF, AS RECORDED IN PLAT BOOK 4, PAGE
1, OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER. OF LOT 186 OF SAID CLERMONT
HEIGHTS, SAID NORTHWEST CORNER LYING AT THE INTERSECTION OF THE
EASTERLY RIGHT-Of-WAY LINE OF DISSTON AVENUE (A 60 FOOT WIDE PUBUC
RIGHT-Of-WAY). AND THE SOt.mmRL Y RIGlIT-OF-W A YLINE Of HIGHLAND AVENUE
(A 60 FOOT WIDE PUBLIC R1GHT-OF-WAY)~ THENCE S89DOS'39"E ALONG SAID
SOUTHERLY RIGHI' -OF-WAY LINE A DIS! ANCE OF 49.00 FEET TO A POINT~ THENCE
SOOD44'2B"W, DEPARTING SAID RIGHT-OF-WAY LINE A DISTANCE OF S4.89 FEET TO
A POINT; THENCE S39D31'S3"E A DISTANCE OF 60.1\ FEET TO THE POINI' OF
BEGINN1NG', mENCE N8S11 S6'O7"W A DISTANCE OF 20.00 FEET TO A POINT; 1HENŒ
SOI°0J'SJ"W A DISTANCE OF 31.00 FEET TOAPOINT~ THENCE S88°S6'07"EA DISTANCE
OF 20.00 FBET TO A POINT; THENCE NO 1 °O3'S3"E A DISTANCE OF 31.00 FEET TO THE
POINT OF BEGJNNING.
CONTAINING 620 SQUARE FEET MORE OR LESS.
03/19/2001
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17:28
EDWARDS. COHEN & JACOBS PRo
NO. 433
1i107
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BBLLSOUTH MOBn.ITY
SITE: DOWNTOWN CLERMONT
NON-EXCLUSIVE INGRESSIEGRESS
&. UTU..ITY EASEMENT
LEGAL DESCRIPTION
ALL mAT TRACT OR-PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 22 SOUTH.
RANGE 26 EAST, LAKE COUNTY, FLORIDA, BEING A PORTION Of LOTS 186 &. 187"
CLERMONI'HEIGHrS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4, PAGE 1, OF THE PUBUC RECORDS OF LAKE COUNTY, FLORIDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 186 OF SAID CLERMONT
HEIGHrS, SAID NORTHWEST. CORNER L YrNG AT THE INTERSECTION OF tim
EASTERLY RIGHT-Of.WAY LINE OF DISSTON AVENUE (A 60 FOOT WIDE PUBLIC
RIGHI' -OF.W A Y), AND TIm SOurHERL Y RIGHT .OF. WAY LINE OF HIGHLAND AVENUE
(A 60 FOOT WIDE PUBLIC RIGlIT.OF.WAy); mENCE S89°08'39"E ALONG SAID
SOUTHERLY RIGHT.OF.WAY LINE A DISTANCE OF 29.00 FEET TO THE POINT OF
BEGINNING; mENCE CONTINUE S89D08'39"E ALONG SAID RIGHT-Of-WAY ~ A
DISTANCE OF 20.00 FEET TO A POINT; THENΠSOOD44'28"W, DEPARTING SAID RIGHT-
OF-WAY LINE A DISTANCE OF 54.89 FEET TO A POINT; THENCE 8391131'5311E A
DISTANCE OF 60.11 FEET TO A POINT; THENCE N88°S6IO7"W A DISTANCE OF 20.00
FEET TO A POINT; THENCE 501 DO3IS31'W A DISTANCE OF 7.40 FEET TO A POINT;
THENCE N39°31'S3'W A DISTANCE OF 60.05 FEET TO A POINT; THENCE NOOo44'2S"E A
DISTANCE OF 62.26 FEET TO 11ΠPOINT OF BEGINNING.
CONTAINING 2,299 SQUARE FEET MORE OR LESS.
03/19/2001
, ¡; .. .
17:28
EDWRRDS, COHEN & JRCOBS PRo
NO. 433
¡;¡08
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BELLSOUTH MOBILITY
SITE: DOWNTOWN CLERMONT
PARENT TRACT
LEGAL DESCRIPTION
LOT 186 AND LOT 187, CLBRMONT HEIGHTS, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 4, PAGE 1, OF THE PUBLIC RECORDS OF LAKE COUNTY.
FLORIDA
133/19/213131 17:28 EDWARDS. COHEN & JACOBS PA. NO. 433 li'ø9
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a`&` AT&T Network Real Estate Administration
575 Morosgo Drive
Suite 13-F West Tower
Atlanta,GA 30324
06/14/2013
CITY OF CLERMONT-FL>9M
PO BOX 120219
CLERMONT, FL 34712
Re: NOTICE OF NEW LEGAL NOTICE ADDRESS
10019967
Dear CITY OF CLERMONT-FL>9M:
Our Wireless Network Real Estate Administration department is moving its office. Effective immediately,all legal notices relating
- _-- —to the cell site lease referenced above should be sent to AT&T with a copy(as referenced above)of that letter sent to AT&T's
Legal Department. Any other correspondence should be sent to only AT&T Network Real Estate.
By U.S. Postal Service or Overnight Courier
AT&T Network Real Estate Administration
Re. 10019967
Suite 13-F West Tower
575 Morosgo Drive NE
Atlanta,GA 30324
With a copy to:
By U S Postal Service
New Cingular Wireless PCS, LLC
Attn:AT&T Legal Department
Fixed Asset#: 10019967,Cell Site Name: ORL DTCLERMT, FL
208 S Akard Street
Dallas,TX 75202-4206
KEEP THIS LETTER WITH YOUR LEASE AGREEMENT AND OTHER IMPORTANT LEGAL DOCUMENTS
If tax bills are being mailed directly to AT&T from the Taxing Authority,please notify your local taxing authority of our new U.S.
Postal Service address to avoid possible tax liens or risk of property loss
We-look forward to a continued successful relationship with you,to receive more details regarding this move notification you
can contact us at G22140 @att.com.
In addition to our move,we need you to spread the word-AT&T is going green! It is easy to make the change from receiving
paper checks and take advantage of the time saving payment method of direct deposit. Send your request to make the change
to venmtce @att.com with your supplier name and number,Bank Name,Bank Routing Number(must be a 9-digit number),Bank
Account Number(include leading zeros),and email address for the recipient of remittance information
If you need your supplier number, please contact us at 1-866-921-6959,option 2,and then option 2 again
For AT&T,
S.
Linda Butler
Director of Network Real Estate Administration
USA
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