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2000-36 Market.: ' Centra') Florida . Site No.: FL 2090E Site Name: West Central Clermont . COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) This Communications Site Lease Agreement (Ground) ("Agreement") is entered into this:li.L day of."vÐÍ-./mhbh$J between the City of Clermont, a Florida municipal corporation with an office at P.O. Box #120219, Clermont, FL 34~0~ Nextel South Corp. a Georgia corporation, d/b/a Nextel Communications with an address of 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (" Lessee"). For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Lessor is the owner of a parcel of land (the" Land") located in the City of Clermont, Lake County, State of Florida commonly known as 400 12th Street. The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately Six Hundred and Sixty (660) square feet of the Land and all access and utility easements, if any, (the "Premises") as described in Exhibit B attached hereto. 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph 6(a) below). Lessee shall not interfere with Lessor's use of the Land or any adjoining property in the conduct of any such surveys, tests or borings. In the event this Agreement expires or is terminated prior to the Commencement Date, as hereinafter defined, Lessee will immediately remove any and all of its equipment from the Land and restore the Land to its condition existing immediately prior to Lessee's entry, reasonable wear and tear and damage not caused by Lessee excepted. 4. Term. The term of this Agreement shall be five (5) years commencing upon construction of Lessee Facilities or Ninety (90)days from full execution of this Agreement, whichever first occurs ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement of the succeeding Renewal Term. 5. (a) Rent. Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent Two Thousand and 0011 00 DOLLARS ($2,000.00) per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Lessor at P.O. Box 120219, Clermont, FL 34712-0219; Attention: City Manager. (b) Rent shall be increased on each anniversary of the Commencement Date by an amount equal to five percent (5%) of the Rent for the previous year. 6. Facilities; Utilities; Access. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including, an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Lessee Facilities"). This shall be an un-manned facility and shall meet all permitting requirements and conform to City of Clermont ordinances relating to wireless communication. The site plan and the tower design and height shall be incorporated in Exhibit B attached hereto. In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All utility lines shall be installed underground. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement; provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Lessee shall not be required to remove any foundation more than four (4) feet below grade level. (b) Lessee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use). Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility company. (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor grants Lessee permission to construct an access road (the "Access Road") at least twelve feet wide, from the nearest public roadway, Minneola Avenuc, across the Land owned by Lessor, to thc Prcmiscs, and as morc fully described in Exhibit B. Lessee will maintain the Access Road at its sole cost and expense except for damages resulting from use of the Access Road by Lessor, or its agents, employees, contractors, or invitees, the cost of which shall be Lessor's sole responsibility. Lessor shall maintain all other access roadways from the nearest public roadway to the Land for Lessee's non-exclusive use in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Lessor shall maintain the access roadways at its sole cost and expense except for damages resulting from use of the access roadways by Lessee or its agents, employees, contractors, or invitees, the cost of which shall b~ Lessee's sole responsibiii¡y. 7. lnteñerence. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the Land, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. (b) Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on the Land or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations. Such interference shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steRs necessary to eliminate such interference, in a reasonable time period. 8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. The parties acknowledge that, by virtue of Lessor being a municipality, the Land is exempt from real estate taxes as of the date of this Agreement. In the event the tax exempt status of the Land should change as a direct result of Lessee's improvements on the Premises, and as a result Lessor is required to pay real estate taxes, Lessee shall at its sole option do one of the following: (i) pay all such taxes for Lessor, or (ii) pursue such remedy as Lessee deems appropriate, including, but not limited to, contesting such loss of status. Lessee's obligation to pay such taxes or pursue other remedies is conditioned upon Lessor providing to Lessee the documentation from the taxing authority, reasonably acceptable to Lessee, S:IC"cntI'OIIFIJcgnllSilcsI2000s12090cIRcvicwcrlLcasc-Ground 20no¡ finnllOl300.docRcvised 1/24/00 Market.: . Centra', Florida ,. Site No.: FL 2090E Site Name: West Central Clermont .. indicating that the change in status is directly attributable to Lessee's improvements to the Premises. 80th parties agree that Lessee will not be responsible for any taxes owed prior to the Commencement Date. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated 'on ninety (90) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days ofreceipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by Lessee, so long as payments of Rent are current, for any reason or for no reason, provided Lessee delivers ninety (90) written notice of early termination to Lessor and pays to Lessor an amount equal to twelve (12) months Rent at the rental rate in effect at the time of termination as liquidated damages in consideration for such early termination (representing the loss of Rent which may have otherwise have been payable to Lessor under this Agreement had such early termination not been effectuated); or (iii) by Lessee if it does not obtain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; 11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. 13. Indemnlflcation. Lessee shall indemnify and hold Lessor harmless from all claims arising from the acts or omissions of Lessee or Lessee's agents or employees pursuant to this Agreement or in or about the Property. Lessor, to the extent permitted by law, shall indemnify and hold Lessee harmless from all claims arising from the acts or omissions of Lessor or Lessor's agents or employees pursuant to this Agreement or in or about the Property. 14. Assi!nment and Sublettin!. Lessee may assign this Agreement or sublet or license the Premises or any portion thereof to an entity upon written notification to Lessor by Lessee, subject to the assignee assuming all of Lessee's obligations herein. Upon assignment or subletting, Lessee shall be relieved of all future performance, liabilities, and obligations under this Agreement. Lessee shall have the right to sublet this Agreement without Lessor's consent. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of the Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Lessor's Lien") above. This Agreement shall run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Lessor may sell or lease the Land to others subject to this Agreement. 15. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto and the Land is free and clear of all liens, encumbrances and restrictions which would preclude this Agreement; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises. 16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee or are required to correct any damage caused to the Land by Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (I) that neither Lessor nor, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees against any and all losses, liabilities, claims andlor costs (including reasonable attomey's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, ."Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located to cause cancer and/or r~productive toxicity, anellor any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive the termination of this Agreement. 18. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. S:ICentraIIFUegaJlSitesI2000s12090eIReviewerILeo...-Ground 2090E final 10 I JOO.doeRevised 1/24/00 2 Market.: ' Centra! FlOrida. Site No.: FL 2090E Site Name: West Central Clermont . (d) Any notice or demand required to be given herein shall be made by certified or registered mail, retum receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor: City of Clermont I Westgate Plaza P.O. Box 120219 Clermont, FL 34712-0219 Attn.: City Manager Lessee: Nextel South Corp. 851 Trafalgar Court, Suite 300E Maitland, FL 32751 Attn.: Property Manager With a copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Sixth Floor, Mail Stop 6E630 Attn: Site Leasing Services, Contracts Manager Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement shall be governed by the laws of the State of Florida. (t) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the official records of the County where the Land is located. (g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title insurance company. Lessee shall provide Lessor a copy of the insurance policy, ifany. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. (j) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Signed, sealed and delivered in t~ SÐQ.utJt '1Q. , Witness . Pri", N ,",~iJ Ji/. J) IUB: ~ Sð":; .().&~ Witness: &~~. 0.. is/- ~ Print Name: ~ , (Q 1""\ LESSOR: City of Clermont, a Florida municipal corporation BY'~~ Print Name: Harold S. Turville. Jr. Title: Mayor Tax ID#: 2422250 I 00-076-00900 STATE OF FLORIDA COUNTY OF --..J...~\l...f The foregoing instrument was acknowledged before me this ';¿C/I day of Ot1~ , ~1'9'9') by II- ~ lei lofullI¿, as fYlnJ.(oT of the City of Clermont, a Florida municipal corporation, who is personaJl.y~<u!le or who has produced as identification and who did (did not) take an oath. ~...~:~. PATRICIA L. MADDOX !.'if :~ MY COMMISSION # CC 776048 : ~~i1} EXPIRES: September 17, 2002 1( ':?R:'.;~...., Bonded Thru Notary Public Undervlrilers My commission expires: (SIGNATURES CONTINUED ON FOLLOWING PAGE) .':: .; ..' ..;. S:ICentraIIFUegollSitesI2000s12090eIReviewerlLe..e-Ground 2090E finoll01300.docRevised 1/24/00 3 Market.: . Central Florida . Site No.: FL 2090E Site Name: West Central Clermont '8 LESSEE: Signed, sealed and delivered in the presence of: Nextel South Corp., a Georgia corporation d/b/a Nextel Communications . a~a,~ Witness ,-/- ~~4,.,(f¿;h:s r- . ~ --7/ ~ Witness Print N"", fA~, ~~ {; £orgi t+ {;LJJ," n 1'If':H- By: Vice President Titl : STATE OF COUNTY OF The foregoing instrument was acknowledged before me this I r¡ day of Oc..Jvbé../ ,~óDð, by John Cafaro, as Vice President of Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is personally known 10 me or who has produced as identification and who did (did nJ),t) take an oath. WITNESS my hand and official seal. ~1~vJ--W~ Notary (Y . Fh A F. r E cJ¡ fI /I -¡h ð rn n.'\ðl\- Print Name I My commission expires: ~\""...nrr"II/~ ~'\~~c"'EI.4 ~,,~ ~,~~,......... r~,,~ ~ y;" \rdNSš~!.'T~ ~ i -~"~~P-'-~1'..."~ '\ ... ~'.:"'," b... . ~ -- ::: .. : ~. ..., ~ (/) - = :l ~ ~O::: =: CO" :Z= ~~O\ ~4i*§ ~ ". ..';::- ..... ~ ',lh.--. "v ~ ~ '~IY ~ ~ ~"9 J:'t";"...,\.\,, ,~ '/,,'T r PUQ.,v ,-", III 0 \" 111/1""1111\\\\ S:ICentraIIFUegallSiles\2000s\2090e\ReviewerlLease-Ground 2090E finall01300.docRevised 1124/00 4 Market.: . Cl:ntrai Florida. Site No.: FL 2090E Site Name: West Central Clermont '8 EXHIBIT A DESCRIPTION OF LAND to the Agreement dated , -' by and between the City of Clermont, a Florida municipal corporation as Lessor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee. The Land is described and/or depicted as follows (metes and bounds description): Lots 4, 5, 6, II, 12, 13 and 14, Block 142, Johnson's Replat according to the official map of the City of Clermont, recorded in Plat Book 8, Pages 17 to 23 inclusive, Public Records of Lake, County, Florida. S'ICenlraIIFUegaIISitesI2000s12090eIReviewcrILc..,e-Gmllnd 2090E final 101300 dneRcI';sed 1/24/00 5 Market.: Céntral Florida 8 . Site No.: FL 2090E . Site Name: West Central Clermont ,8 . ' .. EXHIBIT B DESCRIPTION OF PREMISES ~ to."the Agreement dated . '-' by and between the City of Clermont, a Florida municipal corporation as Lesso'r, and Nextel South Corp" a Georgi!! c~rporati?n,dJb/a,Nextel Communications.as Lessee: IN WEST CENTRAL' ~l.ERMONT SECTION 2.3, TOWNSHIP 22 ~TH. RANGE 25 EAST, LAKE COUNTY. FLORIDA FOR: NEXTEL COMMUNICATIONS --., PRIME LEASE PARCEL AREA==3.GOO SQUARE FEET:!: N898 438 49 ~ 60.00. 10' WIDE LANDSCAPE AREA (TYP) 2' z'(rIP) 8' PROPOSED CHAiNUNI( F~E W! O\IERHEAO SECURITY .. 8 c:s CO it ... ... ~ . (Q ... .;... 10m . -,.j S b ~ 0 (f) 2' (m» [---fB--:. I' I FuTURE 10'.20' I T'I'P) IL EQUIP, BUILDINC! -Jî-----Õ/! - r-Jl-, I b ~ 8.5 ",6' I NZ I I ..~ I I ~S i I"-wm I 1< æ 0.: I I i2s I I 23 I I I I._--_.J . ~ <S CO NEXTEL LEASE PARCEL ~I ~I 1/1 ~ .... .... ï= N .- 2' (rIP) 40")(40" FENCED GRAVEL COMPOUND .. Co .... tJJ 2 =ï P~OPOSED 2-&' ~ SWING CA'TES ~I Iii I tJJ NOC" 16' 11"W ~ 4,26' 590' 00' OO"E 252.46' .. NORTH ~/W LINLM,lf1INEOLA AVE~~ --f8O~IaDU~ ........... PROPOSED 90 lof, 12' WIDE GRAVEl. ~OAD -- -- TIE INTO EXiSTtNC DIRT ReAD ACCESS & UTI LlTY ........... '0 0 ò I/) SCOIIE BOAR ~ .- ... 'iø '7' 0 0 SfGT 'flU Z - IJ PROPOSED - - - - CENTERUNE MINNEOlA AVENUE SITE PLAN " . ClIENT'. DeSlGNEO, OAIIO w. """CCW"tI' ..os INfOIlWAliCIN ~ NEXIEI.: DIA"', 0"'0 w. S'OI<tC""UR NC. HEX TEL SITE , Fl-209D E COMMUNI CA lIDNS _aem, ŒRAID ~ WLDOVom'II ClYIL ENCIN[ERS "'NO LAND SUR\lEYO~s ....ST CENTRAL CLERMONT IS, ,....~ CWII1 PAl[: &EPJDI[A. 2000 lAIC[ C9UNTY, flORIDA 224 Sw SECOND AvENUE ~ I[ ;100 EA!IT D<':; I ÇAlNESYlU.E. fLORIDA 32601 11A11I.NoD, n.DlIO4 ~znl SCAI.[: ,'- 20' PRoPOSED 140' STEAlTH PHONE: JS2-J78-ISII PWØ([: .07-"'-Z:.JZ flAGPOLE TOWER p(. ]i~ n8 "78 fA{; tO7-H7-IZU JOI NIl_A: "~-O7o-.D ..- DThis Exhibit may be replaccd by a land survey of the Premises once it is received by Lessee, 2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3) Width of access road shall be the width required by the applicable governmental authorities, including poliee and fire departments, 4) The type, number and mounting positiôns and locations of antennas and transmissiÒn lines are illustrative only, Actual types, numbers, mounting positions may vary from what is shown above, . S:ICentraI\FUegal\SilesI2000s\2090eIReviewcr\Leasc.Ground 2090E final 10 1300.docRc,'iscd 1/24/00 6 Market.: . Centrål Florida 8 . Site No.: FL 2090E . Site Name: West Central Clermont ,8 . . '. . .. MEMORANDUM OF AGREEMENT EXHIBIT B DESCRIPTION OF PREMISES to the Memorandum of Agreement dated, , -' by and between the City of Clermont, a Florida municipal /b/a Nextel Cornrnunic~tiol:!s as Lessee.' WEST CENTRAL: ~lERMONT IN SECTION 23. TOWNSHIP 22~TH, RANGE 25 EAST . . LAKE COUNTY, F'LORIDÅ FOR: NEXTEL COMMUNICATIONS '-'-- PRIME LEASE PARCEL AREA-oJ.SOO SQUARE FEET:i: N89- 4;$" 49 "E 60.00" , 0' WIDE LANDSCAPE AREA ('T'tP) 2' z'(rIP) 8' PROPOSED CHAiNUNI( ~ W! O\IERHEAO SECURITY .. 8 c:j q) it .... ..... ~ .. ... (Q .... ..... .r.. lam . -,-j ~ b ~ 0 (fI [---Te--l e' I F'UTuRE 10'.20' I L EQUIP. SUILDINCj -~-----~ r- -, I . CÞ I ~z I U I ¡;:!! I ..5 I r-- \oJ III I 1< III: a: I ~5 I I 26: ~---_J ~~ S89- 4J": 49"'" 2' (mt) . S ~ CO NEXTEL LEASE PARCEL til w ~I In ~ .... .... ~ N ... I' (mt) 40")(40" FENCED GRAVEL COMPOUND .. CO ..... ~ ::¡ ..+.. "- ACCESS & UTILITY EASEMENT .......... P"CPOSED 2-5' ~ SWING CA1ES ~I 1;;1 w NOO" 16' 11"W ~ 4,26' 590' 00' aaME 252.46' .. NORTH f!.1W- LI/\/E...JI)f1INEOLA AVE!'<I~ -~l!!!æuroP~ .......... PROPOSED 90 lor. 12' WIDE GRAVEL ~OAO -- -- TIE INTO EXISTING DIRT ROAD '0 ~ 0 It) StOltE 8Q¡I\R ~ ... ..... iø 0 0 SlGT 1111.£ Z - J PROPOSED - - - - CENTERUNE MINNEOlJ; 'AVENUE SITE PLAN 5H '" . OJEN"- D[SIOHtD: DAWI w. --CCW'"CI' .œ INfORIIAl1l1N ~ NEXÆL: ""ANr, 0"'0 w. ITC!<[C'I'P!<[A NC. NEXTEL SIT! I f'L-2090 E _aŒD, ŒJIAU) '" WLDIIVIm\I CIVIL ENQNEERS "NO LNlO SUR'<£YORS COMMUNI CA 11ONS ....~ T CENTRAL CLERMONT as, """"- CQlRT DA~ IEPIDISI:A. 2000 LAICE C9UNTY, flORIDA 224 Sw SECOND AvENUE 11.'11[ - U9T DC;; I C"'NESYUE. fLDRIO.. 32501 AITlMO. "'- .12701 ""I.E' " - 20' P"DPO5ED 140' !rn:Al..1H PHONE: 352-378-1511 -I: 407-"'-W2 F1.AGPDLE TOWER fAX: 352-~78-467Ø ">1; 4O7-"7-12U -'OIl IlUIeER, "5-02..0. Notes: 5)This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee. 6) Setback of.the Premises from the Land~s boundaries shall be the distance required by the applicable governmental authorities. 7) Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 8) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. . S:\CcntraIlFUcgal\Sitcs\2000s\2090c\RevicwcrlLc..c-Ground 2090E nnDll01300.docRcviscd 1/24/00 I Market.: . Cent~1 Florida 8 Site No.: FL 2090E Site Name: West Central Clermont .8 EXHIBIT C PREPARED BY: Paula Hickman, Senior Attorney Nextel South Corp. 2500 Maitland Center Parkway, Suite 300 Maitland, FL 32751 RETURN TO: Property Manager 851 Trafa1gar Ct., Suite 300E Maitland, FL 32751 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this day of , -' by and between the City of Clermont, a Florida municipal corporation, with an address at P.O. Box 120219, Clermont, FL 34712-0219 (hereinafter referred to as "Lessor") and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Lessee"). Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the - day of , -' for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. The term of the Agreement is for five (5) years commencing on , - ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with three (3) successive five (5) year options to renew. The Land which is the subject of the Agreement is in County, Florida, described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: LESSOR: City of Clermont, a Florida municipal corporation Witness Print Name: By: Print Name: Harold S. Turville. Jr. Title: Mayor Witness Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , -' by Harold S. Turville. Jr. as Mayor of the City of Clermont, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission expires: (SIGNATURES CONTINUED ON FOLLOWING PAGE) S:ICenu'aIIFUegaIlSilesI2000s12090eIReviewel'ILeose-Ground 2090E fiuall01300.docRcvjscd 1/24/00 7 Market.: . Celitnil Florida 8 Site No.: FL 2090E Site Name: West Central Clemont Signed, sealed and delivered in the presence of: Witness Print Name: Witness Print Name: STATE OF COUNTY OF .8 LESSEE: Print Name: John Cafaro Title: Vice President The foregoing instrument was acknowledged before me this day of , -' by John Cafaro, as Vice President of Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission expires: S:ICentraIIFUegallSilesI2000s12090eIRevicwer\Lease-Ground 2090E finaI101300.docRevi.cd 1/24/00 8 Market.: . c:entnil Florida 8 Site No.: FL 2090E Site Name: West Central Clermont .8 MEMORANDUM OF AGREEMENT EXHIBIT A DESCRIPTION OF LAND to the Memorandum of Agreement dated , -' by and between the City of Clermont, a Florida municipal corporation as Lessor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee. The Land is described and/or depicted as follows (metes and bounds description): Lots 4, 5, 6, II, 12, 13 and 14, Block 142, Johnson's Replat according to the official map of the City of Clermont, recorded in Plat Book 8, Pages 17 to 23 inclusive, Public Records of Lake County, Florida. ~. S:ICentraIIFIJegaIISitesI2000s12090eIReviewerILease-Ground 2090E finall01300.docRevised 1/24/00 9 PREPARED BY:' . Paula Hickman, Senior AttomeJ Nextel South Corp. 2500 Maitland Center Parkway, Suite 300 Maitland, FL 32751 . RETURN TO: Property Manager 851 Trafalgar Ct., Suite 300E Maitland, FL 32751 MEMORANDUM OF AGREEMENT . This Memorandum of Agreement is entered into on this ~(P day of s.,p¡-~mbef ,-~)) , by and between the City of Clermont, a Florida municipal cof"JJO.ration, ~ith an address at P.O. Box 120219, Clermont, FL 34712-02~nafter referred to as "Lessor") and Nextel South 'Corp., a Georgia corporation, d/b/a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Lessee"). Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement") on the - day of , ---> for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. .I i The term of the Agreement is for five (5) years commencing on , - ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with three (3) successive five (5) year options to renew. The Land which is the subject of the Agreement is in County, Florida, described in Exhibit A annexed hereto. The portion of the Land being leased to Lessee (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. 5;8"00, ~v~~ ~ Witness ' Print Name: :DAlAl)] M. ~ ,c..¡¿E.~SnÀ) &U {J &a~ Witness & D 8J Print Name: c../ü . 7~tJ'"' LESSOR: City of Clermont, a Florida municipal corporation ~o Print Name: Harold S. Turville. Jr. Title: Mayor STATE OF ~Ot('l("'~~ COUNTY OF ~ A- \L .J2 The foregoing instrument was acknowledged before me this c?l ~ day of {Jlerc:J!f.e.;e/, áa::zJby Harold S. Turville. Jr. as Mayor of the City of Clermont, a Florida municipal corporation, who is per~nnallv known to me or who has produced as identification and who did (did not) take an oath. N~;~~~,c.. ~. t)'l~&)~\.- Print Name r My commission expires: .4.\~..~rit-~ PATRICIA L. MADDOX :.: :..: MY COMMISSION # CC 776048 : . J EXPIRES: September 17, 2002 .' Bonded Thru Notary Public Underv:::rørs (SIGNATURES CONTINUED ON FOLLOWING PAGE) S \C cnlraIIFI_lcgallSilcsl2000sI2090eIRcvicwcrlMOA.doc . . "! LESSEE: Signed, sealed and delivered in the presence of: Nextel South Corp., a Georgia corporation d/b/a Nextel unications '. /Jd/h. 12. a~ Witness ~ÞJ!:~ W;m<ß ~) Print Name - By: Vice President Title: STATE OF GEORGIA I COUNTY OF G u) / n n f 11- The foregoing instrument was acknowledged before me this /1 day of ()(:Iü b fJ ,~, by John Cafaro, as Vice President of Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is personally kllQWfl to me or who has produced as identification and who did (di~t) take an oath, My commission expires: \\\\""" """'1 \\' UEIA'" II/. ~,~' i.~,~ ~:::,:...~!iO'/'~ ,~ <,~,".::...."":Ojll""~' ..., ... ",;y'", oJ' 'r,l:'i_", ~.cj ~ ...~" ,'V ~,... ~ ::::~':;-.~ Aßy ~"(:"- - --" '0;: "'1J'i . 0 - = z:' :~ 23 : Z :: ~ ~ \ 2004 11} ..- ? -....," ~., ~: -Ó~'" ColJNí'{~"'6 ¡ ';";',;. ;<:1 :.:.,:.......:.., " ...~... ';'//;'>'I-¡'\" P'û'\:>'-:.,:' /1,. . " 11'11: i III \I ",; \' s: ICcn'",IIFI_lcgallSitcs\2000s\2090cIRcvicwcrlMOA.doc 2 . . . . MEMORANDUM OF AGREEMENT EXHIBIT A DESCRIPTION OF LAND to the Memorandum of Agreement dated ~, ~, by and between the City of Clennont, a Florida municipal corporation as Lessor, and Nextel South Çorp., a Georgia corporation, d/b/a Nextel Communications as Lessee. The Land is described and/or depicted as follows (metes and bounds description): , . Lots 4,5,6, II, 12, 13 and 14, Block 142, Johnson's Replat according to the official map of the City ofClennont, recorded in Plat Book 8, Pages 17 to 23 inclusive, Public Records of Lake County, Florida. ! S '\Ccn1ralIFI_lcgallSiteSI2000s12()Q()cIRe.¡ewer\MOA .doc 3 " '" '. ,.' :::. " J' ',' °, - ". , 'K . . . . . MEMORANDUM OF AGREEMENT EXHIBIT B DESCRIPTION OF PREMISES to the Memorandum of Agreement dated , -' by and between the City of Clennont, a Florida municipal corporation as Lessor, and Nextel So,th Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee.. WEST CENmAL "'.L.EAMONT IN SECTION 23, TOWNSHIP 22 ~u rHo RANGE 25 EAST, LAKE COUNTY. FLORIDA FOR: NExTEL CO~MUNICA TlONS ! PRIME LEASE PARCEL AREA-3.600 SQUARE FEET:!: N89" 43' 49"£ 60.00' 1 O' WlOI: UWOSCAPE AREA (1'rP) r r!'WI ,'_0 QWIIØ( FENCl w/IMJIHEoQ SEQRn .. ~ [---Ta--: .' cS r 2!! 10 (I'IP I FUTURE 10'~ I 1'11') L-i'-I!!'~NC": i!~ ~ -î '" .. ~~ .... r- -, - : 2~ I"" ..... ~2e I" io : ~~: r .--" I - !'WI '<~":I . ¡.. "'" ~ : -a: -..; I 2.. I b L____J 51 g r c::i (1'/1') Co 1:;1 IoJ ~I III :1 NEXTEL LEASE PARCEL ¡.. - .... Co .... , ~1[~-" ~I ~ ã' NOO' 16' "OW ~ 4.26' 59(' 00' 00"[ 252.46' . - . .- NORTH ~IW- uN[ ~NEÕlA AYE!'IIIL.¡ -~-~-~ ........... PROPOSED 90 lor. 12' WlO( Cru.V(~ ~ UTI LIlY 0 0 ò on "'... l- - .. -- - b 0 11% - CtNTERUNE WINNEOIA AVENUE I Mr' 'U PROPOSED SITE PLAN - , -. oal -- ...-.- """. -- ..... ,-- --.....,-,- NEI1O. !lit , "-2010 [ T CtNTRAl ClERWQNI .- CCIIN1Y, I\.ORCA ...oPOStO 14C1' $1[....... ~[ '-' 1)YNAN GROUP 11OC. NEXJÐ.: OOUIIUNICA'I1CWS --............- ."'...-.- 0... ..-.., - LNOO ........., n, ,. s<ca.o "'NO( ,-,"-1.[. ,....,. .- -. "2""-"" m- >02- m-"" ... ~..... - ....-..., --- -...,.-."" .~ ..._,.,.., -, e.... .. -. .......- Notes: n-- This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee, 2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable govemmental authorities. 3) Width ofacces5 road shall be the width required by the applicable govemmental authorities. including police and fire departments. 4) The type. number and mounting positions and locations of antennas and transmission lines are iI1ustnltive only. Actual types. numbers. mounting positions may vary from what is shown above. S:\CcnIraIIFI_lcgaJlSilc:sl2000sI2090eIRcvicwcrlMOA doc 4