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2005-48 Site ID: 80632 -1 Nextel Clermont West LAND LEASE AGREEMENT THIS LAND LEASE AGREEMENT ( "Agreement "), dated as of the date below, is entered into by the CITY OF CLERMONT, a municipal corporation existing under the laws of Florida, with its principal offices located at 685 West Montrose Street, Clermont, Florida 34711 (hereinafter referred to as "Landlord ") and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b /a Verizon Wireless, with its principal offices located at 180 Washington Valley Road, Bedminster, New Jersey 07921 (hereinafter referred to as "Tenant "). BACKGROUND Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at 402 12th Street, Clermont, Lake County, Florida (the "Property "). The Property being further identified on the Legal Description of the Property attached hereto as Exhibit 1. Tenant desires to lease a portion of the Property in connection with its federally licensed communications business to provide space for Tenant's _ equipment, which is subject to a separate lease for the placement of antennas from the owner of an antenna structure located on the Property or adjacent , property, in accordance with this Agreement. Landlord desires to lease to Tenant a portion of the Property in accordance with this Agreement. AGREEMENT The parties agree as follows: 1. LEASE OF PREMISES. Landlord leases to Tenant a portion of the Property containing approximately 345 square feet, together with unrestricted access for Tenant's use from the nearest public right -of -way along the Property and an easement for utilities, all as described on the attached Exhibit 2 (collectively, the "Premises "). Nothing herein shall prohibit Landlord from leasing a location on the Premises and all access and utility easements related thereto, to any entity other then Tenant. Provided, however, that any such lease, license or easement or easement, shall not interfere with Tenant's rights granted herein. 2. PERMITTED USE. Tenant has the right to erect, maintain and operate on the Premises radio communications facilities, including utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, supporting equipment and structures thereto ( "Communication Facility"). This shall be an unmanned facility and shall meet all 1 Site ID 80632 -1 Nextel Clermont West permitting requirements and conform to City of Clermont ordinances relating to wireless communication. The site plan shall be incorporated in Exhibit 2, attached hereto. In connection therewith, Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant'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 Tenant's construction and installation work shall be performed at Tenant' s sole cost and expense and in a good and workmanlike manner. Title to the Communication Facility shall be held by Tenant. The Communication Facility shall remain Tenant's personal property and are not fixtures. Tenant has the right to remove Tenant's Communication Facility at its sole expense on or before the expiration or earlier termination of this Agreement; provided, Tenant repairs any damage to the Premises caused by such removal, reasonable wear and tear excepted. 3. INSTALLATIONS. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to (i) modify, supplement, replace, upgrade, or expand the equipment without Landlord's prior approval; and (ii) relocate the Communication Facility within the Premises at any time during the term of this Agreement with Landlord's prior written approval. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. 4. TERM. (a) The initial lease term will be five (5) years ( "Initial Term "), commencing upon the Commencement Date, as defined below. The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the Commencement Date occurred unless terminated as otherwise provided herein. (b) The Tenant shall have the right to extend this Agreement for four (4) additional five (5) year Term(s) (the "Extension Term "), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least ninety (90) days prior to the expiration of the existing Term. (c) The Initial Term and the Extension Term are collectively referred to as the Term. ( "Term "). 5. RENT. (a) Commencing on the earlier of: (i) the date that Tenant commences construction; or (ii) Ninety (90) days from the full execution of this Agreement (the 1 2 3-13-Olo Site ID: 80632 -1 Nextel Clermont West "Commencement Date "), Tenant will pay the Landlord a monthly rental payment of One Thousand Three Hundred and Fifty Dollars and No Cents ($1,350.00), plus any applicable sales tax ( "Rent "), to Landlord, at the address set forth above, on or before the 5 day of each calendar month in advance. Rent will be prorated for any partial month. (b) Beginning with year two (2) of the Initial Term, the monthly Rent will increase by three percent (3 %) over the previous year's Rent. 6. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises for Tenant's Permitted Use and Tenant's ability to obtain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively referred to as "Governmental Approvals "). Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Governmental Approvals for Tenant's use under this Agreement and to assist Tenant with such applications. (b) Tenant has the right at Tenant's expense, to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of Tenant's choice. (c) Tenant may also obtain, at Tenant's sole cost and expense, soil boring, percolation, engineering procedures, environmental investigation or other tests or reports (collectively the "Tests ") on, over, and under the Property, necessary to determine if the Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system, design, operations or Governmental Approvals. ' 7. TERMINATION. This Agreement may be terminated on written notice as follows: (i) immediately by either party upon the other party's failure to cure a default within the cure period set forth in paragraph 15 of this Agreement; or (ii) by Tenant, so long as payments of Rent are current, for any reason or for no reason, provided Tenant delivers ninety (90) days written notice of early termination to Landlord and pays to Landlord 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 Tenant under this Agreement had such early termination not been 3 • Site ID: 80632 -1 Nextel Clermont West effectuated); or (iii) by Tenant if it is not able to obtain or maintain any Governmental Approvals necessary' for the construction and operation of Tenant's Communication Facility. Notwithstanding anything contained herein to the contrary, Tenant shall not be required to pay the termination fee set forth in paragraph 7(ii) in the event that the Agreement is terminated pursuant to Paragraphs 7(i) if caused by Landlord's default, 7 (iii), 18, 19, or 20 of this Agreement. 8. INTERFERENCE. (a) Tenant shall operate the Communication Facility in a manner that will not cause interference to Landlord and other lessees or licensees of the Property, provided that their installations predate that of the Communication Facility. All operations by Tenant shall be in compliance with all Federal Communications Commission ( "FCC ") requirements. (b) Subsequent as to the installation of the Communication Facility, Landlord shall not permit itself, its lessees or licensees to install new equipment on the Property or property contiguous thereto owned or controlled by the Landlord, if such equipment is likely to cause interference with Tenant's operations. Such interference shall be deemed a material breach by Landlord. In the event interference occurs, the Landlord agrees to take all reasonable steps necessary to eliminate such interference within thirty (30) days. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will have the right, in addition to any other rights that Tenant may have at law or in equity, for Landlord's breach of this Agreement, to elect to enjoin such interference. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any injury, loss, damage or liability whatsoever (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from or related to in any manner, the installation, use, maintenance, repair or removal of the Communication Facility or the breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each hereby waives any claims that they may have against the other with respect to consequential, incidental or special damages. 4 ' Site ID. 80632 -1 Nextel Clermont West 10. WARRANTIES. Landlord warrants that: (i) Landlord owns the Property in fee simple and has rights of access thereto and the Property is free and clear of all liens, encumbrances, and restrictions which would preclude this Agreement; (ii) Landlord has full right to make and perform this Agreement; and (iii) Landlord covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants, conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 11. ENVIRONMENTAL. Tenant agrees that it will not use, generate, store or dispose of any Hazardous Materials on, under, about or within the Property in violation of any law or regulation. Landlord represents, warrants and agrees that: (i) neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Property in violation of any law or regulation, (ii) Landlord has not used, generated, stored or disposed of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. Landlord and Tenant, to the extent permitted by law and without waiving any sovereign immunity that Landlord may enjoy, agree to defend, indemnify and hold harmless each other and the other's partners, affiliates, agents and employees against any and all claims, causes of action or damages of any kind, including attorney fees, against the non - breaching party related to a breach of the covenants contained in this Section 11, unless such claims, causes of action, or damage arise from the negligent or willful acts or omissions of the non - breaching party. 12. ACCESS. Except as limited below, at all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour, seven (7) day pedestrian and vehicular access to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. The access granted herein is limited to Tenant and its employees, agents and subcontractors, provided such individuals shall carry current and valid photo identification on their person at all times while on the Premises and such authorization is subject to the provisions of The Homeland Security Act, and, except in the instance of a bona fide emergency, a minimum of 24 hours notice to the Clermont Police Department (352- 394 -5588) AND the Clermont Public Works Department (352- 394 -3350) prior to entering upon the Premises and Property. Upon 5 Site ID. 80632 -1 Nextel Clermont West Tenant's request, Landlord will execute a separate recordable access agreement evidencing this right. In the event any public utility is unable to use the access or easement provided to Tenant, the Landlord hereby agrees to grant an additional access either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant. 13. REMOVAL / RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all such improvements. Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear excepted. Tenant will be responsible for the replacement of any trees, shrubs, or other vegetation damaged by Tenant's Communication Facility and will be required to remove from the Premises or the Property any foundations or underground utilities. 14. MAINTENANCE / UTILITIES. (a) Tenant will, at Tenant's expense, keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property but not the Premises, and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Tenant will be solely responsible for and promptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. Landlord will fully cooperate with any utility company requesting an over, under and across the Property in order for the utility company to provide service to the Tenant. During any application period the Tenant will have the right to temporarily use Landlord's electricity and will pay the Landlord the current local utility rate for electric consumed by Tenant. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after the meter is read by the Landlord and 6 Site ID 80632 -1 Nextel Clermont West billed to Tenant Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement (i) non - payment of Rent if such Rent remains unpaid for more than sixty (60) days after receipt of wntten notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of wntten notice from Landlord specifying the failure No such failure or breach, however, will be deemed to exist if Tenant has commenced to cure such default within such penod and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all nghts and remedies available to Landlord under law and equity (b) The following will be deemed a default by Landlord and a breach of this Agreement Landlord's failure to perform any term or condition under this Agreement within forty-five (45) days after receipt of written notice from Tenant specifying the failure No such failure or breach, however, will be deemed to exist if Landlord has commenced to cure the default within such penod and provided such efforts are prosecuted to completion with reasonable diligence Delay in cunng a default will be excused if due to causes beyond the reasonable control of Landlord If Landlord remains in default beyond any applicable cure penod, Tenant will have the nght to exercise any and all nghts under this Agreement and any other rights available to Tenant at law or in equity, including the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant 16. ASSIGNMENT / SUBLEASE. This Agreement may be sold, assigned or transferred by the Tenant without any approval or consent of the Landlord to the Tenant' -s pnncipal, affiliates, subsidiaries -of its pnncipal or to any entity which acquires all or substantially all of Tenant' -s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization As to other parties, this Agreement may not be sold, assigned, sublet or transferred without the 7 Site ID 80632 -1 Nextel Clermont West written consent of the Landlord, which such consent will not be unreasonably withheld or delayed 17. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered Notice will be addressed to the parties at If to Landlord CITY OF CLERMONT a municipal corporation existing under the laws of Flonda 685 West Montrose Street Clermont, Florida 34711 If to Tenant Venzon Wireless Personal Communications LP, d/b /a Venzon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention Network Real Estate Either party hereto may change the place for the giving of notice to it by thirty (30) days pnor wntten notice to the other as provided herein 18. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein However, if the invalid, illegal or unenforceable provision matenally affects this Agreement then the Agreement may be terminated by either party on ten (10) days prior written notice to the other party hereto 19. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within two (2) business days In the event Tenant receives notification of any condemnation proceedings affecting the Premises, Tenant will provide notice of the proceeding to Landlord within two (2) business days If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authonty The parties will be entitled to share in the condemnation proceeds, to the extent permitted by Chapter 73, in proportion to the values of their respective interests in the Property, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses Tenant will be entitled to reimbursement for any prepaid Rent 8 Site ID 80632 -1 Nextel Clermont West 20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property within forty-eight (48) hours of the casualty Tenant will provide notice to Landlord of any casualty affecting the Premises within forty-eight (48) hours of the casualty If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction Upon such termination, Tenant will be entitled to collect all msurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent 21. INSURANCE. Tenant will carry during the Term, at its own cost and expense, the following insurance (i) "All Risk" property insurance for its property's replacement cost, (ii) commercial general liability insurance with a mmumum liability of $2,500,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (in) Workers' Compensation Insurance as required by law Tenant shall provide to Landlord certificates of continuous coverages prior to the effective date of this lease and annually thereafter The certificates shall provide that Landlord will receive at least thirty (30) days prior notice of cancellation of the coverages required by this paragraph Failure of Tenant to maintain insurance coverages can be considered by Landlord as a matenal breach of this Agreement 22 Taxes. Tenant shall pay as additional rent any documented increase in real estate taxes levied against the Premises which are directly attnbutable to the improvements constructed by Tenant Landlord shall provide to Tenant a copy of any notice, assessment or billing relating to real estate taxes for which Tenant is responsible under this Agreement within ten (10) days of receipt of the same by Landlord Tenant shall have no obligation to make payment of any real estate taxes until Tenant has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence In the event Landlord fails to provide to Tenant a copy of any real estate tax notice, assessment or billing within the ten (10) day penod set forth herein and such failure causes prejudice to Tenant, Tenant shall be relieved of any obligation or responsibility to make payment of real estate taxes referred to in the notice, assessment or billing which was not timely delivered by Landlord to Tenant 9 Site ID 80632 -1 Nextel Clermont West Tenant shall have the nght, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which Tenant is wholly or partly responsible for payment under this Agreement Landlord shall reasonably cooperate with Tenant in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document 23. MISCELLANEOUS. (a) Amendment/Waiver This Agreement cannot be amended, modified or revised unless done in wnting and signed by an authonzed agent of the Landlord and an authorized agent of the Tenant No provision may be waived except in wnting signed by both parties (b) Short Form Lease/MOL Either party will, at any time upon fifteen (15) days pnor written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form Lease Either party may record this Memorandum or Short Form Lease at any time, in its absolute discretion Tenant shall upon termination of this Agreement, record a release of the Memorandum or Short Form Lease in the public records of Lake County, Flonda (c) Bind And Benefit The terms and conditions contained in this Agreement will run with the Property and inure to the benefit of the parties, their respective heirs, executors, admimstrators, successors and assigns (d) Entire Agreement This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all pnor offers, negotiations and agreements (e) Governing Law and Venue This Agreement will be governed by the laws of Flonda in which the Premises are located, without regard to conflicts of law, with venue exclusively in Lake County (f) Interpretation Unless otherwise specified, the following rules of construction and interpretation apply (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof, (n) use of the term "including" will be interpreted to mean "including but not limited to ", (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same 10 4 Site ID 80632 -1 Nextel Clermont West may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed, (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement, (v) use of the terms "termination" or "expiration" are interchangeable, and (vi) reference to a default will take into consideration any applicable notice, grace and cure penods (g) Estoppel Either party will, at any time upon fifteen (15) days pnor written notice from the other, execute, acknowledge and deliver to the other a statement in wnting (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed (h) No Option The submission of this Agreement for examination or consideration does not constitute a reservation of or option for the Premises This Agreement will become effective as an Agreement only upon the legal execution, acknowledgment and delivery hereof by Landlord and Tenant (I) Radon Gas In accordance with Flonda Law, the following notice is hereby given to Tenant. "RADON GAS RADON IS NATURALLY OCCURING 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 HEALTH DEPARTMENT " [SIGNATURE PAGE TO FOLLOW] 11 Site ID 80632 -1 Nextel Clermont West IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed with an effective date of , X31, 200 . WITNESSES: "LANDLORD" CITY OF CLERMONT, a municipal corporation existing under the laws of Flonda rint NameL/79 n P l,!.),4 pco /v By ���;? , - .._,_ .- Pnnt ame. , - Its: Mayor ••. 1 ' / .a.il f%Cl Federal Tax lDtto5Y-4,Ot IVO P .tNam- (A ' , .717J Attest Name. [+off: 1 Title City Cler WITNESSES: "TENANT" Verizon Wireless Personal Communications LP, a Delaware limited partners.' d/b /a Verizon irel y/ . . . „ 4 c id c . . . . e. . . „ ____ Pnnt ame: ..CiE vEtv ,g Co (-€ By: 1 (��l Print Name: Hans F. Leutenegger `�`�' ` Its: Area Vice President - Network, South Area Pnnt Name OAT - % P. J 1■1£ iik i` 12 Site ID 80632 -1 Nextel Clermont West TENANT STATE OF NORTH CAROLINA ) ) ss COUNTY OF MECKLENBURG ) The foregoing instrument was acknowledged before me this day of , 20 by Hans F Leutenegger, as the Area Vice President - Network, South Area of Venz n Wire ss Personal Communications LP, a Delaware limited partnership d/b /a Venzon Wireless, on behalf of the partnership He is personally known or ( ) who has produced as identification `... -- : OFFICIAL SEAL' ` Notary Public, North Carolina k, 1 �:� County of Gaston f Susan E Long No . i, i Comm on E fires 8!28 /2008 Print I ame ' Sflfl EL LIW -7 Commi • sio xpires I a zoo • LANDLORD STATE OF FLORIDA ) ) ss COUNTY OF LAKE ) The foregoing instrument was acknowledged before me this el day of 2005 , b j4. b 14 Wry' Ile), as the Mayor of the City of Clermont, a municipal corporation existing under the laws of the State of Flonda, on behalf of the corporation He /She who is personally known OR () who has produced as identification dr - -4,41-1.# - N• . Public Print Nam o /1/a-- E - V My Commission Expires � •Iy, Jane warren 4 + �, ` My Comm scion D0133315 'ai r` Expires August 19 2006 13 Site ID 80632 -1 Nextel Clermont West EXHIBIT 1 DESCRIPTION OF PROPERTY to the Agreement datedlat 20,06 , by and between CITY OF CLERMONT, as Landlord, and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b /a Venzon Wireless as Tenant. The Property is descnbed and/or depicted as follows PARENT TRACT LOTS 4. 5. 6, 11, 12, 13 AND 14. BLOCK 142. JOHNSON'S REPLAT ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT. RECORDED IN PLAT BOOK 8. PAGE 17 TO 23 INCLUSIVE. PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. Note 1 If the foregoing description is not a metes and bounds legal descnption, the parties agree to replace the foregoing descnption with a metes and bounds legal description of the Property upon receipt thereof 14 fenant referred to on this exhibit as Venzon Wireless Site ID 80632 -1 Nextel Clermont West EXHIBIT 2 DESCRIPTION OF PREMISES Page 1 of 2 to the Agreement dated, 2045 , by and between CITY OF CLERMONT, as Landlord, and Venzon Wireless Personal Communications LP, a Delaware limited partnership d/b /a Venzon Wireless as Tenant The Premises are descnbed and/or depicted as follows- VERIZON WIRELESS LEASE PARCEL NEXTEL CLERMONT WEST 806321,, A PORTION OF LOTS 13 AND 14. BLOCK 142. JOHNSON'S REPLAT ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT. RECORDED IN PLAT BOOK 8. PACE IT TO 23 INCLUSIVE. PUBLIC RECORDS OF LAKE COUNTY. FLORIDA. ALSO LYING IN THE SOUTHEAST OUARTER SECTION 23. TOWNSHIP 22 SOUTH. RANGE 25 EAST. LAKE COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 14, THENCE NORTH 90 °00'00 EAST. ALONG THE SOUTH LINE OF SAID BLOCK 142 AND THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE. A DISTANCE OF 56.38 FEET, THENCE DEPARTING SAID LINE. NORTH 00 °16'14" WEST. A DISTANCE OF 14.58 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 89 °43'46 WEST. A DISTANCE OF 30.00 FEET* THENCE NORTH 00 °16'14 WEST. A DISTANCE OF 11.50 FEET, THENCE NORTH 89 °43'46" EAST. A DISTANCE OF 30.00 FEET, THENCE SOUTH 00 °16'14' EAST. A DISTANCE OF 11.50 FEET TO THE POINT OF BEGINNING. CONTAINING 0.0079 ACRES OR 345 SOUARE FEET. MORE OR LESS. VERIZON WIRELESS INORESSEGRESS EASEMENT NEXTEL CLERMONT WEST 80632-1 A PORT! ON'W LOT 13. BLOCK 142. JOHNSON'S REPLAT ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT. RECORDED IN PLAT BOOK 8. PAGE 17 TO 23 INCLUSIVE. PUBLIC RECORDS OF LAKE COUNTY. FLORIDA. ALSO LYING IN THE SOUTHEAST OUARTER SECTION 23. TOWNSHIP 22 SOUTH. RANGE 25 EAST. LAKE COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE SOUTHWEST CORNER OF LOT 14. SAID BLOCK 142s THENCE NORTH 90 °00'00' EAST. ALONG THE SOUTH LINE OF SAID BLOCK 142 AND THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE. A DISTANCE OF 63.67 FEET TO THE POINT OF BEGINNING, THENCE DEPARTING SAID LINE. NORTH 00 °16'14' WEST. A DISTANCE OF 14.61 FEET, THENCE NORTH 89 °43'46 EAST. A DISTANCE OF 20.00 FEET, THENCE SOUTH 00 °16'14' EAST. A DISTANCE OF 14.70 FEET TO THE AFORESAID SOUTH LINE OF BLOCK 142 AND THE NORTH RIGHT OF WAY LINE OF MINNEOLA AVENUE, THENCE SOUTH 90 °00'00" WEST. A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.0067 ACRES OR 293 SOUARE FEET. MORE OR LESS. Notes I This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant 2 My setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authonties 3 Width of access road shall be the width required by the applicable governmental authonties, including police and fire departments 4 The type, number and mounting positions and locations of antennas and transmission lines are illustrative only Actual types, numbers and mounting positrons may vary from what is shown above 15 Tenant referred to on this exhibit as Venzon Wireless Site ID 80632 - Nextel Clermont West EXHIBIT 2 DESCRIPTION OF PREMISES Page 2 of 2 to the Agreement dateatj 2005 , by and between CITY OF CLERMONT, as Landlord, and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b /a Venzon Wireless as Tenant e a The Premises are descnbed and/or depicted as follows- v U - 3 °o 0 s 0 x r x x - - - x �r x �x }x eg 8 > f ---- • - - - - -- i l i < a r a T r\ T 1 < `0 gp ', 1 '� 6 1 x ,> e 191144 119%4 ►: 3 > , i 011/3113 i e 1 > ° Ea f2 j Im "4 r - ; ,,I 0 W % L •s 14 111 i 3 : I t * -,F J LL : _ ;A.., El i. I 0 1 > < < OE- - A w x o > O = \ill(' 1 = x_ d _ l `I 'N ` ' ' '' � - : j 4. b \ W , x 1 1 11 x/ x D k t r Z 1 > < x x � `, a > < 1,1 > ` V F- x > 1 1 = g �� 1 � � ` s Z > :it x > , d 3 I t 9 �� p o b d r I 1 > I x mi $gy `e 1 I> 1)* p l an 1 > e Ili x > 1 x n ' 4 0 4 --------/— 4 --_____2(. x x �' irlyk_ � % TV° x x Y x x g 1 3 0` 3 3 � w -- +► � I t 0 i 4. • • °° 1 n 3 * J 0 g di `ooc x Q m ¢aW ., x Z se e 0 2 2n 0.. v `6 1:11 oa °n< d 0- i OJ 0z.,.n'fns 1 a 11,141V-06.§:i ° gxgt�.Wro;; < o.. o K -. n�nF.axaa• UW 16 gW 11 • Site ID 80632 -1 Nextel Clermont West ATTACHMENT 1 MEMORANDUM OF LEASE [FOLLOWS ON NEXT PAGE] 17 RECEIYEa ~~~~ ~~, 4 Prepared by and Return to: • Tirso M. Carreja, Jr., Esq. Fowler White Boggs Banker, P.A. 501 East Kennedy Boulevard Suite 1700 Tampa, Florida 33602 MEMORANDUM OF LEASE r1 f.~ Site ID: 806~~II~f~~~~ 1~~~~~~ll lil~~iill lf3f 1111 CFh~ ?lal~bl?24369 ~~ -)308u F`95 fi(yffl] - ~1:15- (LrP95} t}ATE: C12/iSl21l-)b 179:38:11 AM .1AMES C:. WATY.I1~3r CLERY~ OF COURT LAY~E CDUI~TY 6`ECORGIhIG FEES 5?.5i.1 This Memorandum of Lease is entered into on this ~ day of , 20a~', by and between CITY OF CLERMONT, a municipal corporation existing under the laws of Florida, with its principal offices located at 685 West Montrose Street, Clermont, Florida 34711 (hereinafter referred to as "Landlord") and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless, with its principal offices located at 180 Washington Valley Road, Bedminster, New Jersey 07921 (hereinafter referred to as "Tenant"). 1. Landlord an Tenant entered into a certain Lease Agreement ("Agreement") on the 1,'~ day o , 200, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for an Initial Term of five (5) years commencing on the date that Tenant commences construction and ending on the last day of the month in which the fifth (5th) anniversary of the Commencement Date occurs, with four (4) successive five (5) year options to renew. 3. The land which is the subject of the Agreement is described in Exhibit 1 annexed hereto. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 2 annexed hereto. 4. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. Site ID: 80632-1 Nextel Clermont West • • IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. WITNESSES: rint Nama` g p ~,~ ~,~F/ -' ~~ Print N "LANDLORD" CITY OF CLERMONT, a municipal corporation existing under the laws of Florida B .~ Print Name:!-fpQD/Q~ /~c.vry-/~~°. Its: Mayor Federal Tax ID#S~•~ ~(J' Name: Title: City WITNESSES: • G/~ Print ame : ~T>_/E,J mob'. Go ~ E Print Name: ~ ~ "TENANT" Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless ,, By: Print ame: Hans F. Leutenegger Its: Area Vice President -Network, South Area Site ID: 80632-1 Nextel Clermont West TENANT • STATE OF NORTH CAROLINA ) ss: COUNTY OF MECKLENBURG ) The foregoing instrument was acknowledged before me this ~ day of , 20, by Hans F. Leutenegger, as the Area Vice President -Network, South Area of Ve 'zon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless, on behalf of the partnership. He is personally known or ( ) who has produced as identification. • " .IAL SEAL' NQt~rY pubifq, North Carolina ~an1y at Ciaeton ~u~an E. l.o X2006 LANDLORD STATE OF FLORIDA ) ss: COUNTY OF LAKE ) The foregoing instrument was acknowledged before me this ~_ day o 20U~_, by ~AnU LCD ! ti~Vt ~~C as the Mayor of the City of Clermont, a . municipal corporation existing under the laws of the State of Florida, on behalf of the corporation. ~-I"e/She who is personally known OR ( ) who has produced as identification. tary Public Print Name ~ ~~Y'r~ l'1/ My Commission Expires: ,~~y, Jere Warren ;~' My Comrr~iasion pp133315 ~-a~ q1~~ r ~J Site ID: 80632-1 Nextel Clermont West EX~~BIT 1 • DESCRIPTION OF PROPERTY to the Agreement datedll~ow e...~/,~:-•~ , 20~ by and between CITY OF CLERMONT, as Landlord, and Verizon Wireless Personal Communications LP, a Delawaze limited partnership d/b/a Verizon Wireless, as Tenant. The Property is described and/or depicted as follows: PARENT TRACT LOTS 4. 5. 6. 11. 12. 13 AND 14; BLOCK 142. JOHNSON'S REPEAT ACCORDING TO THE OFF[C1AL W1P OF THE CITY OF CLERYONT. RECORDED IN PLAT BOOK 8. PAGE 17 TO 23 INCLUSIVE. PUBLIC RECORDS OF LAKE COUNTY. FLORIDA. • The quality of this image is equivalent to the quality of the original document. Note: • 1. If the foregoing description is not a metes and bounds legal description, the parties agree to replace the foregoing description with a metes and bounds legal description of the Property upon receipt thereof. Tenant referred to on this exhibit as Verizon Wireless E7~IIBIT 2 • Site ID: 80632-1 Nextel Clermont West DESCRIPTION OF PRENIISES Page 1 of 2 to the Agreement dated 20~ by and between CITY OF CLERMONT, as Landlord, and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless, as Tenant. The Premises are described and/or depicted as follows: VER~ON WIRELESS LEASE PARCEL NEXTEL CLERIi~O11iT WEST 8063-1 A PORTION OF LOTS 13 AND 14. BLOCK 142. JOHNSON'S REPEAT ACCORDING TO THE OFFICIAL IIAP OF THE CITY OF CLERYONT, RECORDED IN PLAT BOOK 8. PAGE I7 TO 23 INCLUSIvE. PUBLIC RECORDS OF LAKE COUNTY. FLORIDA. ALSO LYING IN THE SOUTHEAST QUARTER SECTION 23. TOWNSHIP 22 SOUTH. RANGE 25 EAST. LAKE COUNTY. FLORIDA. BEING YORE PARTICULARLY DESCRIBED AS~FflCLONSr COI~ENCE AT THE SOUTHEEST CORNER OF SAID LOT 14r THENCE NORTH 90.00'00` EAST. ALONG THE SOUTH LINE OF SAID BLOCK 142 AND THE NORTH RIGHT OF NAY L[NE OF YINNEOLA AVENUE. A DISTANCE OF 56.38 FEETr THENCE DEPARTING SAID LINE. NORTH 00.16.14' NEST. A DISTANCE OF 14.59 FEET TO THE POINT OF BEGINN1NGr THENCE SOUTH 89.43'46' WEST. A DISTANCE OF'30.00 FEETe THENCE NORTH 00.16'14" NEST. A DISTANCE OF II..50 FEETr THENCE NORTH 89.43'46' EAST. A DISTANCE OF 30.00 FEETr THENCE SOUTH 00.16' 14 ' EAST. A DISTANCE ~ i I ~. 50 FEET TO THE PO[ NT OF • BEGINNING. _ CONTAINING 0.0079 ACRES OR 345 SQUARE FEET. YORE OR LESS. VERQON WIRELESS IN EASEMENT NEXTEL CLERMONT WEST 8062 1 A PORTIONS~F LOT 13. BLOCK 142. JOHNSON'S REPEAT ACCOI~ING TO THE OFFICIAL YAP OF THE CITY OF CLERYDNT, RECORDED 1N PLAT BOOK 8. PAGE IT TO 23 INCLUSIVE. PUBLIC RECORDS OF LAKE COUNTY. FLORIDA. ALSO LYING [N THE SOUTHEAST QUARTER SECTION 23. TOWNSHIP 22 SOUTH. RANGE 25 EAST. LAKE COUNTY. FLORIDA. BEING YDRE PARTICULARLY DESCRIBED AS FOLLONSr COIArENCE AT THE SOUTHEEST CORNER OF LOT 14. SAID BLOCK 1421 THENCE NORTH 90.00'00' EAST. ALONG THE SOUTH LINE OF SAID BLOCK 142 AND THE NORTH RIGHT OF NAY LINE OF YINNEOLA AVENUE. A DISTANCE OF 63.67 FEET TO THE POINT OF BEGINNINGr THENCE DEPARTING SAID LINE. NORTH 00.16'14' NEST. A DISTANCE OF 14.61 FEETr THENCE NORTH 89.43.46` EAST. A DISTANCE OF 20.00 FEETr THENCE SOUTH 00.16'14` EAST. A DISTANCE OF 14.70 FEET TO THE AFORESAID SOUTH LINE OF BLOCK 142 AND THE NORTH RIGHT OF NAT LINE OF YINNEOLA AVENUEr THENCE SOUTH 90.00.00" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.0067 ACRES OR 293 SQUARE FEET. YORE OR LESS. Notes• 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant 2. Any setback of the Premises from the Property's boundaries shall be ffie distance required by the applicable governmental authorities. • 3. Width of access road shall be the width required by the applicable governmental authorities, including police and_fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and mounting positions may vary from what is shown above. The quality of ti'tla image is equivalent to the quality of the original document. • Tenant referred to on this exhibit ss Veriwn Wireless EXHIBIT 2 Site ID: 80632-1 Nextel Clermont West DESCRIPTION OF PRENIISES Page 2 of 2 ~ ~ o The Premises aze described and/or depicted as follows: € s to the Agreement dated.A ~~ . ~..1~ V,1.3, 20~ by and between CITY OF CLERMONT, as Landlord, and Verizon Wireless Personal Communications LP, a Delawaze limited partnership d/b/a Verizon Wireless, as Tenant. 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