2006-41(~ D
COMMUNICATIONS SITE LEASE AGREEMENT (WATER TANK) v
This COMMUNICATIONS SITE LEASE AGREEMENT ("Agreement") is dated as of /~('JT~/)[J~a~Y
200 by Royal Street Communications LLC, a Delaware limited liability company (Tenant), and the City of Clermont, a Florida
mumcipal corporation ("Owner" or "Landlord").
For One Dollar ($1.00) paid to Owner, and other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1. Premises. Owner owns a parcel of land ("Land") and a water tank ("Water Tank") located in the City of Clermont, County
of Lake, State of Florida, commonly known as 1105 Disston Ave. (APN: 30-22-26-04000001860). The Water Tank and the Land are
collectively referred to herein as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the
provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to <"I'enant> and <Tenant> leases
from Owner approximately 224 square feet of Land and space adjacent to and/or on the Water Tank and all access and utility
easements necessary or desirable therefor (collectively, "Premises") as maybe described generally in Exhibit B annexed hereto.
2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ("Effective
Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 3 below ("Due
Diligence Period"), <Tenant> shall only be permitted to enter the Property for the limited purpose of making appropriate engineering
and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural
and environmental tests (collectively, "Investigations and Tests") that <Tenant> may deem necessary or desirable to deternune the
physical condition, feasibility and suitability of the Premises. Upon <"Tenant>'s request, Owner agrees to provide promptly to
<I'enant> copies of all plans, specifications, surveys and Water Tank maps for the Land and Water Tank. The Water Tank map shall
include the elevation of all antennas on the Water Tank and the frequencies upon which each operates. In the event that <T'enant>
deternunes, during the Due Diligence Period, that the Premises are not appropriate for <T'enant>'s intended use, or if for any other
reason, or no reason, <'Tenant> decides not to commence its tenancy of the Premises, then <I'enant> shall have the right to terminate
this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term
Commencement Date. Owner and <I'enant> expressly acknowledge and agree that <Tenant>'s access to the Property during this Due
Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that <I'enant> shall not be
considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property
(except as expressly provided in this Paragraph 2), prior to the Term Commencement Date.
3. Term. The term of <Tenant>'s tenancy hereunder shall commence upon the start of construction> of the Tenant Facilities (as
defined in Paragraph 6 below) or eighteen (18) months following the Effective Date, whichever first occurs ("Term Commencement
Date") and shall terminate on the fifth anniversary of the Term Commencement Date ("Term") unless otherwise terminated as
provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods ("Renewal Terms") on
the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term
unless Tenant notifies Landlord of its intention not to renew prior to commencement of the succeeding Renewal Term.
4. Rent. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month
thereafter, Tenant shall pay to Landlord as rent Three Thousand Dollars ($3,000) 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 Landlord at P.O. Box 120219,
Clermont, Florida 34712-0219; Attention: City Manager. All of Tenant's monetary obligations set forth in this Agreement are
conditioned upon Tenant's receipt of an accurate and executed W-9 Form from Landlord.
(b) Rent shall increase on each anniversary of the Term Commencement Date by an amount equal to five percent (5%) of the
Rent then in effect for the previous year.
5. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for any lawful activity in
connection with the provision of communications services, and Tenant shall have the ongoing right to perform such Investigations and
Tests as Tenant may deem necessary or desirable. Provided however, that said use, inspection or testing shall not interfere with
Landlord's use of the premises. Landlord agrees to cooperate with Tenant, at no out of pocket expense to Landlord, in making
application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended
use of the Premises.
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6. Facilities; Utilities; Access.
(a) Tenant has the right to construct, erect, maintain, test, replace, remove, operate and upgrade on the Premises
communications facilities; including without limitation utility lines, transmission lines, an air conditioned equipment shelter(s),
electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and
generator pad, and supporting equipment and structures therefor ("Tenant Facilities"). Prior to commencing construction of the
Tenant Facilities, Tenant shall provide Landlord with sufficient plans, designs and specifications for Landlord's review. Landlord
agrees to provide comments to said plans, designs and specifications within thirty (30) days of receipt. Tenant agrees to act reasonably
to incorporate Landlord's comments into the construction of the Tenant Facilities as provided herein. 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 of Tenant's construction and installation work shall be
performed at Tenant's sole cost and expense and in a good and workmanlike manner. Tenant shall hold title to the Tenant Facilities
and all of the Tenant Facilities shall remain Tenant's personal property and are not fixtures. Tenant has the right to remove the Tenant
Facilities at its sole expense on or before the expiration or earlier Termination of this Agreement, and Tenant shall repair any damage to
the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant
Facilities from the Property.
(b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company.
Tenant shall have the right to draw electricity and other utilities from the existing utilities on the Property or obtain separate utility
service from any utility company that will provide service to the Property. In connection therewith, Landlord hereby grants to the local
telephone, power and utility companies (as appropriate) non-exclusive rights to locate, construct, install, operate, maintain, repair,
replace, alter, extend, and/or remove cables and lines on, over, under and across a portion of Landlord's Property as necessary or
desirable therefor. Landlord agrees to sign such documents or easements, at no cost to Tenant or the utility companies, as may be
required by said utility companies to provide such service to the Premises. Any easements necessary for such power or other utilities
will be at locations reasonably acceptable to Landlord and the servicing utility company.
(c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord
twenty-four (24) hours a day, seven (7) days a week, at no charge. Landlord grants to Tenant, and Tenant's agents, employees and
contractors, anon-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, and such right and
easement maybe described generally in Exhibit B.
(d) Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient
to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining
and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways.
(e) Landlord hereby grants access to the Premise to Tenant and its employees, agents and contractors, 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 (~~: y~ y -53~AND the Clermont Public Works Department ( 3f'~d ~2 ~l 7~32G) prior
to entering upon the Premises and Property.
7. Interference.
(a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC")
requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the
Property, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities.
(b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees
to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if
such modifications are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use
best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a
material breach of this Agreement.
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8. Taxes. If personal property taxes are assessed, Tenant shall pay any portion of such taxes directly attributable to the Tenant
Facilities. Currently Landlord's property is not subject to real property taxes or assessments, however, to the extent Tenants use of the
prenuses causes Landlord's otherwise tax exempt real property to be taxable, Tenant shall as additional rent hereunder pay any ad all
ad valorem taxes assessed on the subject real property.
Waiver of Landlord's Lien.
(a) Landlord waives any lien rights it may have concerning the Tenant Facilities, all of which are deemed Tenant's
personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent.
(b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and
financial and security agreements for the fmancing of the Tenant Facilities ("Collateral") with a third party financing entity (and may
in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (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 without further liability on thirty (30) 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 of
receipt of written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within
such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently
pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice;
or (ii) by Tenant if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of
-the Tenant Facilities; or (iii) by Tenant if Tenant is unable to occupy and utilize the Premises due to an action of the FCC, including
without limitation, a take back of channels or change in frequencies; or (iv) by Tenant if any environmental report for the Property
reveals the presence of any Hazardous Material after the Term Commencement Date; or (v) by Tenant if Tenant determines that the
Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference;
or (vi) by Tenant if the Landlord fails to deliver to Tenant an executed memorandum of agreement or non-disturbance and attornment
agreement pursuant to Paragraphs 19(g) and (h) below.
11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in
lieu of condemnation, Tenant 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 Landlord no more than forty-five (45) days following the date of such damage,
destruction, condemnation or transfer in lieu of condemnation. If Tenant 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.
(a) Tenant, at Tenant's sole cost and expense, shall procure and maintain commercial general liability ("CGL")
insurance covering bodily injury and property damage with a combined single limit of at least One Million and 00/100 Dollars
($1,000,000.00) per occurrence. Subject to the standard exclusions and limitations of CGL policies, such insurance shall insure, on an
occurrence basis, against all liability of Tenant, its employees and agents arising out of or in connection with Tenant's use of the
Premises, all as provided for herein. Within thirty (30) days following the Effective Date, Tenant shall provide Landlord with a
certificate of insurance ("COI") evidencing the coverage required by this Paragraph 12. Alternatively, Tenant shall have the option of
providing Landlord with evidence of such coverage electronically by providing to Landlord a Uniform Resource Locator ("URL")
Link to access Tenant's memorandum of insurance ("MOI") website in order for Landlord to review the coverage required by this
Paragraph 12.
(b) To the extent permitted by law and without waiving any sovereign immunity either party may enjoy, Landlord, at
Landlord's sole cost and expense, shall procure and maintain CGL insurance covering bodily injury and property damage with a
combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Subject to the standard exclusions
and limitations of CGL policies, such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and
agents arising out of or in connection with Landlord's use, occupancy and maintenance of the Property. Within thirty (30) days
following the Effective Date, Landlord shall provide Tenant with a COI evidencing the coverage required by this Paragraph 12.
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Alternatively, Landlord shall have the option of providing Tenant with evidence of such coverage electronically by providing to Tenant
a URL Link to access Landlord's MOI website in order for Tenant to review the coverage required by this Paragraph 12.
(b) Each party shall be named as an additional insured on the other's policy.
13. Waiver of Subrogation. Landlord and Tenant release each other and their respective principals, employees, representatives
and agents, from any claims for damage to any person or to the Property or the Premises or to the Tenant Facilities or any other
.property thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at
the time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance
company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy.
Neither Landlord nor Tenant shall be liable to the other for any damage caused by any of the risks insured against under any insurance
policy required by Paragraph 12.
14. Liability and Indemnity. To the extent pemutted by law and without waiving any sovereign immunity either party may
enjoy, Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all claims, losses, liabilities,
damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses")
arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct
of the indernifying party or its agents, employees or contractors in or about the Property. The duties described in this Paragraph 14
shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement.
15. Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or
in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent
company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fifty-one percent
(51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9
above. Upon assignment, Tenant shall be relieved of all future performance, liabilities, and obligations under this Agreement,
provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment maybe
evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of
Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Landlord's Lien") above. This
Agreement shall run with the Land 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, Tenant may assign,
mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any fmancing entity, or
agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii)
has obligations evidenced by bonds, debentures, notes or similar instnunents, or (iii) has obligations under or with respect to letters of
credit, bankers acceptances and similar facilities or in respect of guaranties thereof.
16. Warranty of Title and Ouiet Enioyment. Landlord warrants that: (i) Landlord owns the Property in fee simple, has rights
of access thereto from the nearest public roadway, which Tenant is legally pernritted to use, and the Property and access rights are free
and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date; and (ii) Landlord covenants and
agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in
default hereunder after notice and expiration of all cure periods.
17. Repairs. Tenant shall repair any damage to the Premises or Properly caused by the negligence or willful misconduct of
Tenant. Upon expiration or termination hereof, Tenant shall repair the Premises to substantially the condition in which it existed upon
start of construction, reasonable wear and tear and loss by casualty or other causes beyond Tenant's reasonable control excepted.
18. Hazardous Material.
(a) As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate,
handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property in violation of any Environmental Law
(as defined below), and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous
Material located in, on, under, upon or affecting the Property in violation of any Environmental Law; (ii) no notice has been received
by or on behalf of Landlord from, and Landlord has no knowledge that notice has been given to any predecessor owner or operator of
the Property by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with any
Environmental Law for any environmental damage (or the presence of any Hazardous Material) in, on, under, upon or affecting the
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Property; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on,
under, upon, or affecting the Property in violation of any Environmental Law.
(b) Without limiting Paragraph 14 and to the extent permitted by law and without waiving any sovereign immunity that
either party may enjoy, Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all Losses
(specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i)
any breach of any representation or warranty made in this Paragraph 18 by such party; and/or (ii) environmental conditions or
noncompliance with any Environmental Law (as defined below) that result, in the case of Tenant, from operations in or about the
Property by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or
operations in or about, the Property by Landlord or Landlord's predecessors in interest, and their respective agents, employees,
contractors, tenants, guests or other parties. The provisions of this Paragraph 18 shall apply as of the Effective Date of this Agreement
and survive termination of this Agreement.
(c) "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated
substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall
include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos
in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the
environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any
Environmental Law.
(d) "Environmental Law" means any and all present or future federal, state or local laws, rules, regulations, codes,
ordinances, or by-laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings,
directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental
pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge,
release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any
Hazardous Material, or otherwise regulating or providing for the protection of the environment.
19. 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) Both parties represent and warrant that their use of the Property and their personal property located thereon is in
compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government
authority.
(c) 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.
(d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the
respective parties.
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(e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt
requested, or reliable overnight courier to the address of the respective parties set forth below:
Landlord: Tenant:
Royal Street Communications LLC.
City of Clermont Attn: Property Manager
(oYeW me Air vse .St. 7557 Rambler Road, Suite: 700
P.O. Box 120219 Dallas, Texas 75231
Clermont, FL 34712 -0219
Attn: City Manager
Phone: one
With a copy to:
Royal Street Communications LLC.
C/O Metro PCS
Attn: Leasing and Zoning M —gr
511 US Highway 301 S.
Tampa, Fl. 33619
813 - 830 -5500
Landlord or Tenant 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 or refusal to accept delivery.
(f) This Agreement shall be governed by the laws of the State of Florida, with exclusive venue in Lake County, Florida.
(g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as
Exhibit C and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the County
where the Property is located.
(h) In the event the Property is encumbered by a mortgage or deed of trust, Landlord agrees to obtain and deliver to
Tenant an executed and acknowledged non - disturbance and attomment instrument for each such mortgage or deed of trust in a
recordable form reasonably acceptable to both parties.
(i) Landlord agrees to fully cooperate with Tenant (including obtaining and/or executing necessary documentation) to
clear any outstanding title issues that could adversely affect Tenant's interest in the Premises created by this Agreement.
0) 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.
(k) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter
into and perform their respective obligations under this Agreement.
(1) Both parties took part in the negotiation of this Agreement and agree that legal concepts intended to construe the
Agreement against the drafter will not apply against either party.
(m) In the event of any breach or default by either party, the other party shall be entitled to all rights and remedies
provided for in this Agreement and/or available at law, in equity, by statute or otherwise, all of which rights and remedies shall be
cumulative (and not exclusive).
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(n) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the
scope or intent of any provision of this Agreement.
(o) All Recitals set forth above, and all Riders and Exhibits annexed hereto, form material parts of this Agreement and
are hereby incorporated herein by this reference.
(p) This Agreement maybe executed in duplicate counterparts, each of which shall be deemed an original.
20. Marking and Lighting Requirements. Landlord shall be responsible for compliance with all marking and lighting
requirements of the Federal Aviation Administration ("FAA") and the FCC. Except for and not including any such lighting that is
required by the construction of Tenant's Facilities, which shall be the sole responsibility of Tenant. Should Tenant be cited because the
Property is not in compliance and should Landlord fail to cure the conditions of noncompliance after written notice as provided herein,
Tenant may either terminate this Agreement or proceed to cure the conditions of noncompliance at Landlord's expense, which
amounts maybe deducted from (and offset against) the Rent and any other charges or amounts due, or coming due, to Landlord.
21. Supplier Diversity. <'Tenant> is committed to equal employment and vendor diversity. As part of this commitment, it is the
policy of <I'enant> that small business concerns, veteran-owned small business concerns, HUBZone small business concerns, women-
owned small business concerns, small disadvantaged business concerns (including 8(a) business concerns) and historically black
colleges and universities and minority institutions ("Diverse Suppliers," as further defined below) shall have the maximum practicable
opportunity to participate in performance of contracting between <'I'enant> and its vendors. The term "Diverse Supplier(s)" shall
mean and be defined as set forth in Federal Acquisition Regulation Part 19 and 13 C.F.R. Part 121. In addition, "Historically black
colleges and universities," as included in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean and include
institutions determined by the Secretary of Education to meet the requirements of 34 C.F.R. Section 608.2; any nonprofit research
institution that was an integral part of such a college or university before November 14, 1986; and "Minority institutions," as included
in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean institutions meeting the requirements. of Section
1046(3) of the Higher Education Act of 1965 (20 U.S.C. §1135d-5(3)); and also Hispanic-serving institutions as defined in Section
316(b)(1) of such Act (20 U.S.C. §1059c(b)(1)). Landlord shall confirm in the space below whether or not Landlord reasonably
believes it qualifies as a Diverse Supplier.
***SIGNATURES ON FOLLOWING PAGE***
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature below.
LANDLORD:
City of Clermont,
a Florida municipal coporation
By:
N~t~~c:
~r;ir:
Date:
l Pik"1.D:
HAROLD TURVILLE
Mayor
Diverse Supplier: ^ Yes ®No
Witnesses for HAROLD TU MLLE=
rintN~ eC ~~ ~ ~(J~Y`~'1~°f~
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ORD286/Disston Ave.
TENANT:
Royal Street Communications LLC,
a Delaware limited liability company
~..
By:
Name: Linda Carllle
Network Development. Manager
Title:
s
Date:
Witnesses for C' ~ ~c' _ _ ~l t~
~~~-
Print Name: C'i~~6 (~ ~ (~~
~:- i" ~--
Print Name: D~ ~` C /L1 ~~G.-~'L/~--
9/29/06
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EXHIBIT A
DESCRIPTION OF LAND
to the Agreement dated D~l~b ~° /~ ~^t 200, by and between the City of Clermont, a Florida
municipal corporation, as Landlord, and <Royal Street Communications LLC, a Delaware limited liability company , as Tenant.
The Land is described and/or depicted as follows (metes and bounds description):
APN: 30-22-26-04000001860
CLERMONT, CLERMONT HEIGHTS LOTS 186, 187 PB 4 PG 1
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EXHIBIT B
to the Agreement dated ~~~Y~je/~, 02 ~ 200, by and between the City of Clermont, a Florida
municipal corporation, as Landlord, Royal Street Communications LLC, a delaware limited liability company , as Tenant.
The Premises are described and/or depicted as follows:
A PARCEL OF LAND BEING A PORTION OF LOT 187, CLERMONT HEIGHTS, AS RECORDED IN PLAT BOOK 4, PAGE 1
OF THE PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULAR DESCRIBED AS
FLLOWS:
DESCRIPTION OF PREMISES
COMMENCE AT SOUTHWEST CORNER OF LOT 186 OF SAID CLERMONT HEIGHTS; THENCE ON AN ASSUMED
BEARING OF N00'49'22"E ALONG THE WEST LINE OF SAID LOT 186, A DISTANCE OF 135.21 FEET; THENCE
S89'10'38" A DISTANCE OF 104.30 FEET TO THE POINT OF BEGINNING; THENCE S88'S0'09"E DISTANCE OF 14.00
FEET; THENCE SO1'09'S1"W A DISTANCE OF 16.00 FEET; THENCE N88'S0'09" A DISTANCE OF 14.00 FEET; THENCE
NO1'09'S1"E A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND SITUATE WITHIN
LAKE COUNTY, FLORIDA CONTAINING 224.00 SQUARE FEET MORE OR LESS.
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Water Tank Agreement-Revised 9/5/06
ORD286/Disston Ave.
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-10-
Notes:
1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it.
2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental authorities.
3. The access road's width will be the width required by the applicable governmental authorities, including police and fire
departments.
4. Without in any way limiting Paragraph 6 (or Tenant's right to make future changes), Tenant intends to initially install up to twelve
(12) antennas, fifteen (15) coaxial cables and three GPS signal units and connections. The type, number, mounting positions and
locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations
may vary from what is shown above.
5. The locations of any utility easements are illustrative only. The actual locations will be determined by the servicing utility
company in compliance with all local laws and regulations.
Water Tank Agreement-Revised 9/5/06
ORD286/Disston Ave.
9/29/06
- 11 -
(~ ~,, ~ n EXHIBIT C
to the Agreement dated ~l ~r ~/~ ~ ~ 200, by and between the City of Clermont, a Florida
municipal corporation, as Landlord, and Royal Street Communications LLC, a elaware limited liability company, As Tenant.
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Royal Street Communications LLC,
Attn: Property Manager
7557 Rambler Road Suite: 700
Dallas, Texas 75231
MEMORANDUM OF AGREEMENT
ORD286 /Disston Ave.
APN: 30-22-26-04000001860
This MEMORANDUM of AGREEMENT is entered into on , 200_, by the City of Clermont, a
Florida municipal corporation, with an address at P.O. Box 120219, Clermont, Florida 34712-0219 (hereinafter referred to as
"Owner" or "Landlord") and Royal Street Communications LLC, a Delaware limited liability company, with an office at 7557
Rambler Road Suite: 700, Dallas Texas 75231 (hereinafter referred to as "<I'enant>" or "Tenant").
1. Owner and <Tenant> entered into a Communications Site Lease Agreement ("Agreement") dated as of
200. ,effective upon full execution of the parties ("Effective Date") for the purpose of <T'enant>
undertaking certain Investigations and Tests and, upon finding the Property appropriate, for the purpose of installing, operating and
maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The term of <I'enant>'s tenancy under the Agreement is for five (5) years commencing on
200_, ("Term Commencement Date"), and terminating on the fifth anniversary of the Term
Commencement Date with five (5) successive five (S) year options to renew.
3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land
being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement.
In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above.
LANDLORD:
City of Clermont,
a Florida municipal coporation
By: EXHIBIT ONLY - DO NOT EXECUTE
N;II11C
Harold Turville
TENANT:
Royal Street Communications LLC,
a delaware limited liability company
BY~ EXHIBIT ONLY - DO NOT EXECUTE
Name:
Title` Mayor Title:
Date:
Water Tank Agreement-Revised 9/5/06
ORD286/Disston Ave.
Date:
-12-
9/29/06
STATE OF ~' br ~ , G'--
COUNTY OF ~~'~ ~
n ~ 02 200 .before me, l ~ ~ ' ~f~~' Q ` Notary Public,
personally appeared the City of Clennont, a Flonda municipal corporation, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public (~ n
My commission expires: " I ~ ~ - ~ V ~~
STATE OF
COUNTY OF
,~pRY Pue(i TRACY ACKROYO
e~'~~~~~ c* MYCOMMISSIONIMDD219165
* EXPIRES: September 6, 2007
~l7JE OF FIOP\Or Bonded Ttuu Budget Notary Services
On , 200_, before me, ,Notary Public,
personally appeared Royal Street Communications LLC, a delaware limited liability company,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instnment and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the
instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal:
Notary Public
My commission expires:
(SEAL)
Water Tank Agreement-Revised 9/5/06 9/29/06
ORD286/Disston Ave.
-13-
MEMORANDUM OF AGREEMENT
EXHIBIT A
DESCRIPTION OF LAND
to the Memorandum of Agreement dated ~ (Q oZ ~ 200 by and between the City of
Clermont, a Florida municipal corporation, as Landlord, and oyal Street Communications LLC, a delaware limited liability company
as Tenant.
The Land is described and/or depicted as follows (metes and bounds description):
APN: 3 0-22-2 6-040000018 60
CLERMONT, CLERMONT HEIGHTS LOTS 186, 187 PB 4 PG 1
Water Tank Agreement-Revised 9/5/06
ORD286/Disston Ave.
9/29/06
-14-
ro
ATTN. MetroPCS Decom Project
3617131"Ave SE
Bellevue,WA 98006
SENT VIA:US Certified Mail,return receipt requested
May 5,2015
City of Clermont
685 W.Montrose St.
PO Box 120219
Clermont,FL 34712-0219
Attn:City Manager
RE: Termination of Communications Site Lease Agreement(Water Tank)dated on or about
October 24,2006,as the same may have been amended from time to time
("Agreement")by and between the City of Clermont,a Flonda municipal corporation
and Royal Street Communications LLC,a Delaware limited liability company
("MetroPCS")
Site Address: 1105 Disston Ave.,Clermont,FL 34711
Site ID: ORD286
Lease ID: ORD286
To City Manager,
This letter is written notice that MetroPCS,or the applicable affiliate of MetroPCS,is terminating the above-
referenced Agreement pursuant to Section 10 of the Agreement. The Agreement will therefore terminate
at 11:59 pm on August 31,2015.
MetroPCS requests the return of any security deposit or other funds previously paid to you or any
predecessor landlord. All refunds should be mailed to the address set forth above. MetroPCS will and
expects that each party will execute any further documentation reasonably requested to evidence the
termination of the Agreement,including,but not limited to a release of any bonds or other form of security
and release of memorandum of lease.
MetroPCS highly values the relationship that was established with you. We would like the opportunity to
contact you in the future should our network or business requirements change. Should you have any
questions or need additional information, please send an email to MetroPCSDecom2@T-Mobile.com
referencing the Site ID and Lease ID noted above in your email subject line, and a representative of the
decommission team will contact you.
Sincerely,
U 1
Jonathan Mock
Real Estate Acquisition Specialist