Loading...
HomeMy WebLinkAboutAgreement_Franchise_04/14/2005e ' Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South LICENSE AGREEMENT This License Agreement ("Agreement") is made and entered into as of this ~ day of ~ 2005 by and between THE VILLAGE OF TEQUESTA, a Florida muni ipal corporation, located at 250 Tequesta Drive, Suite 300, Tequesta, Florida 33469, hereinafter designated "VILLAGE" and NEXTEL SOUTH CORP., a Georgia corporation, d/b/a Nextel Communications, located at 851 Trafalgar Court, Suite 300 East, Maitland, FL 32751, hereinafter designated "LICENSEE." The VILLAGE and LICENSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". NOW, THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties agree as follows: LICENSE AGREEMENT 1. PREMISES. 1.1 VILLAGE hereby grants to LICENSEE the exclusive right to use approximately Four Hundred and Sixty Eight (468) square feet of ground space on the property of the VILLAGE for the construction, operation and maintenance of an equipment shelter, and to erect, operate and maintain Six (6) communications antennas on the VILLAGE'S existing communications tower ("tower"), located at 901 N. Old Dixie Highway, Tequesta, Florida 33469, ("Premises") which is located on a portion of real property owned by the VILLAGE ("Property") and which is legally described in Exhibit A attached hereto and made a part hereof. The LICENSEE shall have the right to locate Six (6) antennas on the tower only between the 110.25 to 119.75 foot height level. Notwithstanding anything contained herein, the VILLAGE shall maintain exclusive ownership of the tower and has the exclusive right to rent, lease or licensee all other space on the tower to third parties and to collect the rent from any such leases or licenses. A description of the communications antennas, wires, cables, conduits, pipes, coax, and other equipment, the frequencies to be used by the LICENSEE, the location of the antennas on the tower and the ground equipment is set forth in Composite Exhibit B, attached hereto and made a part hereof. A site sketch depicting the location of the tower and the equipment shelter is attached hereto as Exhibit C. The equipment shelter shall be fenced and secured by and at the sole expense of the LICENSEE using an eight foot high security fence. Landscaping shall be as agreed upon by the parties prior to the commencement of construction. 2. USE. 2.1 LICENSEE may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair and replacement of its communication equipment, including without limitation utility lines, transmission lines, an ice bridge(s), an air conditioned equipment shelter(s), electronic equipment, transmitting and KAREN E. ROSELLI, ESQUIRE 1 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures (collectively, the "Communications Facility"). Upon execution of this Agreement, LICENSEE shall provide the VILLAGE with copies of all Federal Communications Commission ("FCC") licenses for all frequencies used by LICENSEE on the Premises. All antennae and equipment shall be painted in a neutral color so as to have the equipment blend into the surrounding environment as best as is reasonably possible. 3. ACCESS. 3.1 VILLAGE grants to LICENSEE the non-exclusive right of ingress and egress from a public right-of--way, seven (7) days a week, twenty four (24) hours a day, over the Property to and from the Premises for the purpose of installation, operation and maintenance of the Communications Facility, provided however that LICENSEE shall give the VILLAGE'S plant operator 24 hours advance notice prior to any such access at (561)-575-6235 during business hours, and (561)-262-4326 after hours, except in the case of an emergency. LICENSEE shall comply with all reasonable security procedures established by the VILLAGE to prevent unauthorized access to the Communications Facility and the Property generally. The VILLAGE and the LICENSEE shall each designate emergency contact personnel to notify in case of an emergency requiring access to the Communications Facility. The VILLAGE reserves the right to enter the Premises at any time together with Licensee's authorized representative to visually inspect the Premises or to show the Premises to prospective licensees, lenders, or purchasers.. 4. ALTERATIONS. 4.1 Attached hereto as Exhibit B ("Equipment Specifications") is a list of all equipment, antennae and frequencies to be operated by the LICENSEE upon the Premises. LICENSEE shall not at any time construct or install any additional antennas or equipment or make any improvements, alterations or modifications to the Premises (excluding routine maintenance, repairs, the like-kind replacement of the Communications Facility, or any modifications to the interior of the equipment shelter or items housed therein), without the written consent of the VILLAGE, which will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the LICENSEE acknowledges that the appearance of the tower and its compatibility with the surrounding areas is a significant and major concern of the VILLAGE and that the VILLAGE shall have the sole and exclusive discretion to approve or deny a request for the installation of additional equipment and/or antennas, based solely on aesthetics. 4.2 In no event shall the LICENSEE be permitted to make changes or modifications which: (i) expand or materially change or alter the LICENSEE'S use of the Premises; (ii) are installed outside of the boundaries of the Premises as depicted on Exhibit C; or (iii) may otherwise adversely affect the structure or appearance of the Premises. Whenever the LICENSEE desires to make alterations, improvements, modifications, additions or other changes to the equipment or antennae designated on Exhibit B, then the LICENSEE prior to making said changes shall provide the VILLAGE with plans and specifications which fully describe the equipment and/or antennae to be installed. The plans and specifications shall include, but not be limited to, the KAREN E. ROSELLI, ESQUIRE 2 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South name of the manufacturer(s), model numbers, serial numbers, safety requirements, dimensions, weight, frequencies, and the location of the proposed installation(s) on the Premises. The plans and specifications shall be reviewed by the VILLAGE and. approved prior to the commencement of any proposed changes or improvements. The VILLAGE'S approval will not be unreasonably withheld, conditioned or delayed. After VILLAGE's approval of the plans and specifications, an updated Exhibit B to this Agreement shall be prepared by LICENSEE and signed by both the VILLAGE and the LICENSEE; thereafter, the VILLAGE and the LICENSEE shall amend the Agreement to substitute the revised Exhibit B for the prior Exhibit B. 5. RENT. 5.1 This Agreement shall be effective on the date that the VILLAGE signs this Agreement ("Effective Date"). The initial term shall be for a five (5) year period commencing on the Effective Date (the "Commencement Date"). Annual rent for the first one-year of the term of this Agreement shall be Thirty Eight Thousand and 00/100 Dollars ($38,000). Rent for the initial five-year term, inclusive of the four percent annual increase, in the amount. of $210,820.25 shall be paid in full by LICENSEE upon the earlier of the date of the issuance of a building permit or forty-five (45) days after the Effective Date. Thereafter, annual rent shall be paid in full and in advance to the VILLAGE or to such other person, firm or place as the VILLAGE may, from time to time, designate in writing, on each .anniversary of the Commencement Date. Commencing on the first anniversary. of the Commencement Date and on each anniversary thereafter, and any extension terms of this Agreement, annual rent shall increase by an amount equal to four percent (4%) of the previous year's rent. 5.2 If LICENSEE fails to pay any payment of rent within fifteen (15) days after receipt of written notice from the VILLAGE of such failure, then LICENSEE shall pay a late charge in an amount equal to five percent (5%) of the amount of rent then due.. The late charge will be paid to the VILLAGE within thirty (30) days after demand by the VILLAGE. In addition, interest at the rate of one and one-half percent (1.5%) .per month shall accrue against the delinquent payment(s) from the date due until the date the payment is received by the VILLAGE. LICENSEE and the VILLAGE agree that the late charge is a reasonable estimate of the extra administrative expenses incurred by the VILLAGE in handling the delinquency. Any and all sums of money or charges required to be paid by the LICENSEE under this Agreement other than the annual rent shall be considered "Additional Rent" whether or not the same is so specifically designated and the VILLAGE shall have the same rights to enforce due and timely payment by the LICENSEE of all Additional Rent as are available to the VILLAGE relating to annual rent. 5.3 At the time of payment of the annual rent for the first five-year term of this Agreement„ LICENSEE shall also pay the VILLAGE aone-time financial contribution of Five Thousand Dollars ($5,000.00), for reimbursement of legal and other professional fees incurred by the VILLAGE in the negotiation and consummation of this Agreement. 5.4 Not more then thirty (30) days after the Term Commencement Date, Licensee hereby agrees to supply VILLAGE a performance bond in the amount of Fifty Thousand and 00/100 KAREN E. ROSELLI, ESQUIRE 3 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South Dollars ($50,000.00) ("Performance Bond"), for the sole purpose of assuring Licensee's payment of all sums that may become due to VILLAGE under this Agreement, including without limitation, any and all Rent. In the event that Licensee fails to pay VILLAGE any sum of money due under this Agreement, VILLAGE shall provide Licensee written notice of such failure, together with sufficient documentation of the amount that is due ("Late Notice"). If VILLAGE still has not received payment thirty (30) days after the date of the Late Notice, VILLAGE may access the Performance Bond upon ten (10) days' prior written notice to Licensee. 6. ELECTRICAL UTLITITIES. 6.1 LICENSEE shall obtain and install a separate electrical meter at the Premises for the measurement of electrical power used by LICENSEE's operations and for the exterior lighting of the LICENSEE'S equipment shelter. LICENSEE is responsible for paying the costs of such electrical usage directly to the local utility provider. If it is determined that LICENSEE has consumed electrical service or other utilities which are in addition to those metered by LICENSEE'S separate meter, the VILLAGE. shall have the right to invoice LICENSEE for any such charges, which shall be in addition to the rent and other payments required to be made by the LICENSEE under this Agreement. The VILLAGE shall not be liable for any interruption or stoppage of electrical service to the Premises or for any damage to persons or property resulting from that interruption or stoppage, unless caused by the negligence or willful misconduct of the VILLAGE, its employees, servants or agents. 7. EXTENSIONS OF TERM. 7.1 LICENSEE shall have the right to extend this Agreement for three (3) additional five (5) year terms. This Agreement will automatically renew for each successive renewal term unless either party notifies the other party in writing of its intention not to renew at -least ninety (90) days prior to the expiration of the existing term. LICENSEE shall have no right to renew this Agreement, if the LICENSEE is in default under any provision, of this Agreement beyond any applicable grace or cure period when the then current term expires, or ninety (90) days prior to the expiration of the then current term. 8. CONSTRUCTION, MAINTENANCE; GOVERNMENTAL APPROVALS. 8.1 The LICENSEE will maintain, at its sole cost and expense, the Premises in good condition, reasonable wear and tear excepted. All work must be performed by duly licensed contractors specializing in such work, shall be performed in a good and workmanlike manner, shall be prosecuted to completion in accordance with the plans and specifications and all applicable governmental laws, regulations, rules, codes and orders. LICENSEE acknowledges that all work performed by or on behalf of the LICENSEE is performed and accomplished solely for the benefit and convenience of the LICENSEE and not for the benefit of the VILLAGE. LICENSEE shall ensure that the construction of the Communications Facility and any other KAREN E. ROSELLI, ESQUIRE 4 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South work performed by or for the LICENSEE is performed to completion in accordance with the approved plans and that all persons or entities performing work or providing materials relating to such improvements including without limitation, all contractors, subcontractors, laborers, materialmen, suppliers and professionals, are paid in full for such services and materials. 8.2 Any damage caused to the Property due to the acts or omissions of LICENSEE, its agents, employees or contractors, or any damage caused by the installation, repair, maintenance and operation of the Communications Facility, shall be repaired at the sole cost of LICENSEE. If LICENSEE fails to commence to perform its obligations under this Paragraph, the VILLAGE will notify LICENSEE in writing of the specific required repair. If LICENSEE fails to perform the maintenance or repair within fifteen (15) days of receipt such written notice from the VILLAGE, the VILLAGE may perform the maintenance or repair at Licensee's expense. LICENSEE will reimburse the VILLAGE within thirty (30) days after receipt of an invoice from the VILLAGE for the cost of such maintenance or repair. 8.3 The VILLAGE shall cooperate with LICENSEE in its effort to obtain and maintain any required governmental approvals ("Governmental Approvals") and shall take no action which would adversely affect the status of the Property with respect to the permitted use thereof by LICENSEE. The VILLAGE shall not be obligated to accept any restrictions or conditions of any Governmental Approvals pertaining to the VILLAGE's use of the Property that would adversely affect the VILLAGE'S use of the Property or the market value of the Property. In the event that any of such applications for such Governmental Approvals should be finally rejected or LICENSEE determines that such Governmental Approvals may not be obtained in a timely manner or any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority, or that LICENSEE determines that the .Premises is no longer technically compatible for its. use, or that LICENSEE, in its sole discretion, will be unable to use the Premises for its intended purposes, LICENSEE shall have the right to terminate this Agreement. Notice of LICENSEE'S exercise of its right to terminate shall be given to the VILLAGE in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LICENSEE. All rent paid prior to the termination date shall be retained by the VILLAGE. 9. ACCEPTANCE OF PREMISES. 9.1 LICENSEE certifies that LICENSEE has inspected the Premises, Property, and tower, upon which the LICENSEE'S equipment shelter and antennas will be constructed and accepts the same "AS IS" in their existing condition, as of the Commencement Date of this Agreement, together with all defects, patent or latent, if any, and subject to all easements, encumbrances, and restrictions and matters of record. LICENSEE further acknowledges that the VILLAGE has made no warranties or representations of any nature whatsoever regarding the Premises, Property, or tower, including without limitation, any relating to the physical condition or structural integrity thereof or of any improvements located thereon or thereon, or the suitability thereof for the LICENSEE'S intended use. The VILLAGE shall not be required to perform any KAREN E. ROSELLI, ESQUIRE c~ S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South repair work, alterations or remodeling of the Property, Premises, or the tower as a condition of this Agreement. 10. INDEMNIFICATION. 10.1 To the fullest extent permitted by laws and regulations, the LICENSEE shall indemnify, defend, save and hold harmless, the VILLAGE, its officers, agents and employees from any and all claims, damages, losses, liabilities and expenses, pertaining to or arising out of the direct, indirect, or consequential construction, maintenance, use and or occupancy of the Premises and the Property by the LICENSEE or its subcontractors, agents, officers, employees or independent contractors. The LICENSEE shall pay all losses, claims, liens, settlements, or judgments of any nature whatsoever in connection with the foregoing indemnification, including but not limited to, reasonable attorney's fees (including appellate attorneys' fees and costs). The VILLAGE reserves the right to select its own legal counsel to conduct any defense in any such proceedings, and all costs and fees associated therewith shall be the responsibility of the LICENSEE. The indemnities provided by LICENSEE under this Section 10 will not extend or apply to claims, damages, losses, liabilities or expenses caused by or resulting solely from the negligence or willful misconduct of VILLAGE, its employees, agents or contractors. Nothing contained herein is intended nor shall it be construed to waive the VILLAGE's rights and immunities under the common law or Florida Statute 768.28, as amended from time to time. 10.2 Except for liability resulting solely from or arising out of the acts or omissions of VILLAGE, its servants or agents, VILLAGE will not be liable for the following: (i) loss of or damage to LICENSEE's property located in or on the Premises or the Property, by theft or otherwise; (ii) injury or damage to persons or property or the Premises resulting from fire, explosion, falling sheetrock, gas, electricity, water, rain, snow or leaks from any part of the Premises or from the pipes, appliances or plumbing works, street or subsurface or from any other place or by dampness; (iii) injury or damage caused by other licensees of the Property or any person on the Property, by occupants of property adjacent to the Property,. by the general public, or by the construction of any private, public or quasi-public work; (iv) any latent defect in construction of the Property; or (v) any loss or damage due to imperfect or unsatisfactory communications experienced by LICENSEE for any reason whatsoever. 11. INSURANCE. 11.1 During the entire term of this Agreement, the LICENSSE shall secure an maintain, at its own expense and keep in effect during the full. period of the contract, a policy or policies of insurance, which must include the following coverages and minimum limits of liability: (a) Workers Comuensation and Emaloyer's Liability Insurance for all employees of the LICENSEE engaged to work under the Contract in accordance with the laws of the State of Florida. The LICENSEE agrees to be responsible for the employment, control and conduct of its KAREN E. ROSELLI, ESQUIRE 6 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South employees and for any injury sustained by such employees in the course of their employment unless it is solely caused by the negligence or intentional acts of the VILLAGE or its agents, employees or contractors . (b) Comprehensive General Liability Insurance with the following minimum limits of liability: $3,000,000 Combined Single Limits, Bodily Injury and Property Damage Liability Per Occurrence. Coverage shall specifically include the following minimum limits and not less than those required for Bodily Injury Liability and Property Damage: $3,000,000 Combined Single Limits, Bodily Injury and Property damage Liability per Occurrence. (1) Premise and Operations; (2) Independent Contractors; (3) Products and Completed Operations; (4) Broad Form Property Damage; (5) Broad Form Contractual Coverage applicable to this Contract. (6) Personal Injury with employment and contractual exclusions removed and deleted. (c) Comprehensive Automobile Liability Insurance for owned and hired automobiles and other vehicles used by the LICENSEE in the performance of the work and with the following minimum limits of liability: $1,000,000 Combined Single Limits, Bodily Injury and Property damage liability per occurrence. 11.2 Notwithstanding the foregoing, the coverage amounts required above can be met by combination of underlying and umbrella policies. ALL LIABLITY INSURANCE POLICIES SHALL SPECIFICALLY PROVIDE THAT THE VILLAGE IS AN ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF THE LICENSEE UNDER THIS AGREEMENT. All insurance policies shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the VILLAGE by certified mail, return receipt requested. LICENSEE shall provide thirty (30) days written notice of cancellation or non-renewal (ten (10) days for non-payment of premium). The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability: B+ or above. 11.3 LICENSEE will deliver to the VILLAGE, no later than fifteen (15) days after the Effective Date, certificates of insurance evidencing the coverages required under this Agreement. Alternatively, .LICENSEE shall have the option of providing Landlord with evidence of such KAREN E. ROSELLI, ESQUIRE 7 S:Central/F1a.Lega1/Sites 3500/FL3540S-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South coverage electronically by providing to Landlord a Uniform Resource Locator ("CTRL") Link to access LICENSEE'S memorandum of insurance ("MOI") website in order for Landlord to review the coverage required by this Paragraph 11. 11.4 All required insurance except Workers' Compensation shall preclude any underwriter's rights of recovery or subrogation against the VILLAGE with the express intention of the parties being that the required coverages protect both parties as the primary insurance for any and all losses covered by the above described insurance. LICENSEE by entering into this Agreement, agrees to a waiver of subrogation for each required policy of insurance, except Workers' Compensation, provided however, that the VILLAGE acknowledges and agrees that the LICENSEE does not agree to a waiver of subrogation for incidents that arise from the acts or omission of the VILLAGE or its agents, employees, or contractors. The provisions of this Paragraph shall survive the termination or earlier expiration of this Agreement. VILLAGE, at VILLAGE'S sole cost and expense, shall procure and maintain Broad Form Property insurance of at least Two Million Dollars per occurrence, and Four Million Dollars, aggregate. Within thirty (30) days following the receipt of a written request by the LESSEE, the VILLAGE shall provide LESSEE with a certificate evidencing the coverage required by this Paragraph. Notwithstanding anything contained herein to the contrary, the above coverage may be self insured by Village. 12. ANNUAL TERMINATION. 12.1 Notwithstanding anything to the contrary contained herein, provided the LICENSEE is not in default hereunder and shall have paid all rents and sums due and payable to the VILLAGE by LICENSEE, LICENSEE shall have the right to terminate this Agreement upon any anniversary of the Commencement Date provided that six (6) months prior notice is given the VILLAGE. In the event of LICENSEE'S early termination of the Agreement under this Paragraph, LICENSEE shall pay the VILLAGE a termination fee equal to one (1) year's annual advance rent, at the then current rate, which shall be in addition to any prepaid rent for the then current term. 13. INTERFERENCE. 13.1 The frequencies to be used by the LICENSEE, VILLAGE and other pre-existing tenants of VILLAGE are set forth on Exhibit "D" ("Frequencies"), attached hereto. LICENSEE shall not use any frequencies at the Premises that are not designated on Exhibit "D" without the prior written consent of the VILLAGE, which shall not be unreasonably withheld, and which shall be subject to the provisions of this Paragraph. 13.2 In the event of such interference and after the VILLAGE has notified LICENSEE of such interference, LICENSEE will take all steps necessary to correct and eliminate the interference. If LICENSEE is unable to cure such interference within seventy-two (72) hours a$er receipt of KAREN E. ROSELLI, ESQUIRE 8 S:Central/F1a.LegaljSites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South notice from the VILLAGE, LICENSEE agrees to temporarily discontinue use of its Communications Facility or portion thereof causing the interference until such time as LICENSEE is able to cure the interference; provided, however, LICENSEE shall be able to intermittently continue use of its Communications Facility solely for the purpose of testing whether the interference has been cured. 13.3 In the event a dispute arises between the VILLAGE and LICENSEE over the source of continuing interference under this Paragraph, the VILLAGE and LICENSEE agree to mutually select an independent consultant ("Independent Consultant") with expertise in electronic telecommunications to determine the source of the interference. The Independent Consultant's .determination will be conclusive. The fees for the Independent Consultant shall be shared equally by the VILLAGE and the LICENSEE; provided however that if the Independent Consultant determines that the LICENSEE's Communications Facility is the source of the interference, LICENSEE will pay all of the fees and expenses of the Independent Consultant and LICENSEE will cease all operations until the interference is resolved. The Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this Paragraph and therefore, either Party shall have the right to specifically enforce the provisions of this Paragraph in a court of competent jurisdiction. 14. REMOVAL UPON TERMINATION. 14.1 Upon termination of the Agreement, LICENSEE shall, remove its equipment, fixtures and all personal property and restore the Premises to its original condition, reasonable weaz and teaz excepted within sixty (60) days of the date of termination. If such time for removal causes LICENSEE to remain on the Premises after termination of this Agreement, LICENSEE shall pay rent at the then existing annual advance rate, until such time as the removal of its equipment, fixtures and all personal property aze completed. If LICENSEE fails to remove its equipment, fixtures and all personal property within the sixty (60) day period, the VILLAGE shall have the right to remove and store or dispose of such equipment, fixtures and personal property at the sole cost of LICENSEE, including all reasonable attorney's fees incurred in connection with the removal and storage or disposal of such equipment, fixtures and personal property. 15. QUIET ENJOYMENT. 15.1 The VILLAGE covenants that LICENSEE, on paying the rent and performing the other covenants on its part to be performed under this Agreement, shall peaceably and quietly have, hold and enjoy the Premises. 16. TITLE. 16.1 The VILLAGE covenants that the VILLAGE is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. The VILLAGE further covenants that there are no other liens, judgments or impediments of title on KAREN E. ROSELLI, ESQUIRE 9 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South the Property, or affecting the VILLAGE'S title to the same and that there are no covenants, easements, restrictions or agreements binding on the VILLAGE or the Property which prevent the use of the Premises by the LICENSEE as set forth above. 17. INTEGRATION. 17.1 It is agreed and understood that this Agreement contains all agreements, promises and understandings between the VILLAGE and the LICENSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the VILLAGE or the LICENSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining .provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as maybe lawful and authorized under this Agreement, either in law or in equity. 18. GOVERNING LAW. 18.1 This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida and venue for any action arising out of this Agreement shall be in Palm Beach County, Florida. 19. NO SUBLETTING OR ASSIGNMENT. 19.1 The parties expressly understand and agree that the VILLAGE shall have the sole and exclusive right to lease additional space on the tower and on the ground. for the installation of additional antennas, cables and equipment. All rent or other compensation derived from the rent of additional tower and/or ground space shall belong exclusively to the VILLAGE and. the LICENSEE shall have no rights or claims to any such revenues. The assignment, subletting or subleasing of any rights or space conferred hereunder shall constitute a material breach of this Agreement by the LICENSEE and the VILLAGE shall have the right to terminate this Agreement effective immediate and to pursue all legal and equitable remedies available to it under this Agreement and applicable law. 19.2 This Agreement may not be sold, assigned or transferred by LICENSEE without the prior written consent of the VILLAGE, which will not be unreasonably withheld, conditioned or delayed, however, LICENSEE 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. Upon assignment, LICENSEE shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee KAREN E. ROSELLI, ESQUIRE 1 O S: Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease. 032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South assumes all of LICENSEE'S obligations herein. VILLAGE may assign this Agreement, which assignment may be evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of VILLAGE'S obligations herein, including but not limited to, those set forth in Paragraph 37 ("Waiver of VILLAGE's Lien") below. 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, LICENSEE 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 VILLAGE (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. 20. NOTICES. 20.1 All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's- regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): VILLAGE: VILLAGE OF TEQUESTA 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469 Attention: Village Manager Telephone: 561-575-6200 LICENSEE: NEXTEL SOUTH CORP., a Georgia Corporation, d/b/a Nextel Communications 851 Trafalgar Court, Suite 300 East Maitland, FL 32751 Attention: Property Manager Telephone: 407-838-5334 With a cop to: KAREN E. ROSELLI, ESQUIRE Z 1 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Attention: Regional Legal Services-Contracts Manager Notice. shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 21. SUCCESSORS. 21.1 This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto. 22. RECORDING. 22.1 This Agreement shall not be recorded by either party in the Public Records. 23. DEFAULT. 23.1 In the event there is a default by LICENSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the VILLAGE shall give LICENSEE written notice of such default. After receipt of such written notice, LICENSEE shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided LICENSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LICENSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. 23.2 In the event of a holdover, refusal or failure to vacate and relinquish possession of the Premises at the expiration or earlier termination of this Agreement, the LICENSEE shall be liable to pay the VILLAGE during the entire period of such holdover, double rental, as provided in Chapter 83.06, Florida Statutes. 24. HAZARDOUS MATERIALS. 24.1 As of the effective date of this Agreement: (1) LICENSEE 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) VILLAGE 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 KAREN E . ROSELLI , ESQUIRE Z 2 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South Environmental Law; (ii) no notice has been received by or on behalf of VILLAGE from, and VILLAGE 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 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. 24.2 If LICENSEE ever has knowledge of the presence in or upon the Premises of hazardous or toxic materials, LICENSEE must immediately notify the VILLAGE in writing. Any disposal of hazardous materials, whether by the LICENSEE or a third party performing work on behalf of Licensee, shall be reported to the VILLAGE immediate upon knowledge thereof by the LICENSEE. The LICENSEE shall be solely responsible for the entire cost of remediation and clean up of any hazardous materials upon the Premises, or emanating from the Premises, or onto adjacent lands, as a result of the LICENSEE'S or the LICENSEE'S agents, contractors, or employees disposal or release of hazardous materials in the exercise of the rights granted by this Agreement. The LICENSEE agrees to indemnify, defend and hold the VILLAGE harmless from and against .any and all claims, suits, judgments, losses, damages, fines, or other liabilities, which may be incurred by the VILLAGE, including reasonable attorney's fees and costs, which may arise directly or indirectly or proximately, from any violation by LICENSEE, LICENSEE'S agents, contractors, or employees of federal, state or local laws or regulations pertaining to hazardous materials in the exercise of the rights granted by this Agreement. 24.3 "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. 24.4 "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. KAREN E. ROSELLI, ESQUIRE Z3 S:Central/F1a.Lega1/Sites 3500jFL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South 25. CASUALTY. 25.1 In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LICENSEE's operations at the Premises for more than forty-five (45) days, then LICENSEE may at any time following such fire or other casualty, provided the VILLAGE has not completed the restoration required to permit LICENSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days written notice to the VILLAGE. Any such notice of termination shall cause this Agreement to expire with the same force and. effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, all rental shall abate during the period of such fire or other casualty. 26. CONDEMNATION. 26.1 In the event of any condemnation of the Property, LICENSEE may terminate this Agreement upon fifteen (15) days written notice to the VILLAGE if such condemnation may reasonably be expected to disrupt LICENSEE'S operations at the Premises for more than forty- five (45) days. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses (but not for the loss of a leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 27. SUBMISSION OF LICENSE AGREEMENT. 27.1 The submission of this Agreement for examination does not constitute an offer to license the use or occupancy of the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this- Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 28. APPLICABLE LAWS. KAREN E. ROSELLI, ESQUIRE Z4 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South 28.1 LICENSEE shall use the Premises as maybe required or as permitted by applicable laws, rules and regulations. The VILLAGE agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LICENSEE regarding any compliance required by LICENSEE in respect to its use of the Premises. 29. SURVIVAL. 29.1 The provisions of the Agreement relating to indemnification shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 30. CAPTIONS. 30.1 The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 31. RADON GAS. 31.1 Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. This notice is provided pursuant to Section 404.056, Florida Statutes. 32. TAXES. 32.1 The LICENSEE shall be responsible for the payment of all personal property taxes, charges and assessments of any kind (including without limitation apro-rata share of all real property taxes) levied, charged, or assessed which are directly attributable to LICENSEE's equipment and personal property located on the Property. 33. SAFETY CERTIFICATIONS. 33.1 On each of the following occasions, LICENSEE will provide the VILLAGE with a certification from a qualified independent third party acceptable to the VILLAGE ("Safety Certification"): (i) prior to commencing installation of the equipment and Communications Facility; (ii) within sixty (60) days after commencing operation of the Communications Facility; and (iii) at any subsequent time that LICENSEE makes material alterations to the Communications Facility that affect in any manner the equipment, Communications Facility or radio frequency transmissions from the equipment or the Communications Facility. Each Safety Certification must verify that: (i) the Communications Facility does not generate radio KAREN E. ROSELLI, ESQUIRE Z S S: Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South frequency emissions at a level that could cause persons in uncontrolled areas to be exposed to radiation in excess of the Maximum Permissible Exposure levels established by FCC regulations; (ii) the Communications Facility does not generate radio frequency emissions at a level that could cause persons who enter controlled space, as defined by FCC regulations, to be exposed to radiation in excess of the Maximum Permissible Exposure levels established by the FCC for occupational exposure. If the Safety Certification does not provide the verifications described herein, then VILLAGE may terminate this Agreement effective upon written notice to LICENSEE. 34. ATTORNEY'S FEES. 34.1 It is the understanding of the Parties that if legal action is required to enforce this Agreement, the prevailing party will be entitled to reasonable attorney's fees and costs in addition to any other relief to which the prevailing party is awarded. 35. ACCORD AND SATISFACTION. 35.1 In the event the LICENSEE pays an amount than is less than the amount stipulated to be paid under this Agreement, such payment shall be considered to be made only on account of the stipulated amount. No endorsement or statement on any check or letter shall be deemed to be an accord and satisfaction. The VILLAGE may accept any check or payment without prejudice to the VILLAGE's right to recover the balance due or to pursue any other remedy available to the VILLAGE pursuant to this Agreement or under the law. 36. FORCE MAJEURE. 36.1 Any party delayed by a Force Majeure Event, as defined herein, in performing under this Agreement shall use reasonable efforts to remedy the cause or causes of such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the time to perform under this Agreement. "Force Majeure Event" shall mean any act of God, fire, flood, earthquake, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility service, or labor dispute. 37. Waiver of VILLAGE's Lien. (a) VILLAGE waives any lien rights it may have concerning the Communications Facility, all of which are deemed LICENSEE's personal property and not fixtures, and LICENSEE has the right to remove the same at any time without VILLAGE's consent. (b) VILLAGE acknowledges that LICENSEE has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Communications Facility ("Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection KAREN E. ROSELLI, ESQUIRE Z G S: Central/Fla. Legal/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South 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. 37. LIST OF LICENSE AGREEMENT EXHIBITS (ALL OF WHICH ARE INCORPORATED HEREIN AND MADE A PART HEREOF): EXHIBIT A- Legal description. EXHIBIT B- Equipment Specifications EXHIBIT C- Site sketch/site plan EXHIBIT D- Frequencies IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. ~ ~ ,L~ C~ WITNE$~S Name: *~ ~~ r~.~ ~'(o C~-~ WITNESS / Name:G!w~ ~r ~~ S~I~i ~c ~~ ~.~= ,~~ WITNESS Name: ~~il~,~.11,~(~ ~" o.f~.~- WITNESS Name: L~~A,e~i9 !~~/ VILLAGE: ```~~~~~lO F 1~~~ ~ ~ ~ Michael Co 0 ~`vvQ.~~PF 0,~,~t~ .~'~~llage Manager =': SEAL ND INCORPORATED: iN~':'G '~ : QQ' ~ii9j: ~;E 4 X95 \ ~ '''''~~ O11111 ~~~ / • /' name: Scott mrth~ Title: VP Site elopment South Region KAREN E. ROSELLI, ESQUIRE 1 7 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A 60.00 FOOT BY 40 0 FOOT PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP OUTH, RANGE. EAST, BEING A PART OF THE VILLAGE OF TEQUESTA BEING MORE PARTICUL Y DESCRIBED AS FOLLOWS: ~:3 KAREN E. ROSELLI, ESQUIRE 1 8 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease. 032305 Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South EXHIBIT B SPECIFICATIONS OF EQUIPMENT ATTACHED KAREN E. ROSELLI, ESQUIRE Z 9 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 NEX~"~ SOUTH REGION EBTS WORKSHEET VERSION 1.0 FINAL ate: 09/21/2004 Original Date: Issue Number: FINAL Issuing Engineer: Renato Sagues Original Engineer: Site ID #: NFL3540-AP Latitude: 26.9681 26 - 58 - 5.16 Site Name: NFL3540-AP Jupiter Li hthouse Longitude: 80.08984 80 - 5 - 23.42 Address: 210 Milita Trail Type of Structure: EXISTING Site Configuration: Sector Ground Elevation (AMSL) in feet: Structure Height (AGL) in feet: 120 County/Parish: JUPITER, PALM BEACH Antenna Tip Height (AGL) in feet: NAD: 1983 Mounting Height (AGL) in feet: 115 Radiation Centerline (RCAGL) in feet: Alpha 115 Morphology: Urban Beta 115 Gamma 115 ALPHA BETA GAMMA Orientation _ 30 150 270 Control Channel on Ant1-1 Ant2-1 Anti-1 TX/RX Coaxial Line Len th feet) _ 140 140 140 Number of TX/RX Coax runs 4 4 4 TX/RX Coax Manufacturer & Size 7/8" 718" 7/8" Number of TX/RX Antennas 2 2 2 TX/RX Antenna Manufacturer EMS EMS EMS TX/RX Antenna Model" RR65-12-00 AL4 RR65-12-00 AL4 RR65-12-00 AL4 TX/RX Antenna Gain (dBd) 12.00 12.00 12.00 TX Desi n ERP (Watts 48.00 48.00 48.00 Tx Desi n ERP dBm) 46.81 46.81 46.81 Degree of Mechanical Tilt 0.00 0.00 0.00 Degree of Electrical Tilt 0 0 0 RFDS Du lex Gen4 Du lex Gen4 Du lex Gen4 Combiner Type 4:1 /None 4:1 /None 4:1 /None BR Type 800MHz Quad / Le ac 800MHz Quad / Le ac 800MHz Quad / Le ac # of 800MHz Quad /Carriers Enbl 2 2 2 2 2 2 # of 900MHz Quad /Carriers Enbl # of Legac BR 4 4 4 T pe of Le ac BR PA 70 70 70 *`Antennas should be ordered with 7/16-DIN Female connector, unless stated otherwise. antennas oer sector Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South EXHIBIT C SITE PLAN/SKETCH OF TOWER AND EQUIPMENT SHELTER KAREN E. ROSELLI, ESQUIRE 2 O S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305 • .. TO SCALE LINE TABLE COURSE BEARING DISTANCE L1 S 52'34 05 w 229.81 L2 N 52'34'05 E 40.00 L3 N 35'32 56 W 60.00 L4 S 35'32 56 E 60.00 L5 S 52'34 05 W 40.00' NORTH 1 2 EXHIBIT C IB'-DwX 26'-Dw NEXTEL LEASE AREA \ S 89'57'03" E_1201.14' _ _ VILLAGE OF TEQUESTA ` & LOXAHATCHER RNER 3 ENVIRONMENTAL CONTROL DISTRICT ZONING: C-2 of ~ bl ~ ~-PROPOSED 0 z S 89'57'03 355.29' 20 -0 WIDE INGRESS/EGRESS EASEMENT N 89'57'03" EXISTING PAVED ROAD PROPERTY BOUNDARY -EXISTING 130'-0" FLAG POLE ~ h PAVED ROAD ~n rn 0 0 w ROAD T ~'-e•x 20--~ ~ _ I P ~ w/ cAeLE suP - ~ - - . ~ I ~ x ~ II I x PROPOSED I I II I >< -~ GPS ANTENNAS I I x YOUrREDH~ ~ " II I EXISTING 130'.-0" pROppSED I " x FLAG POLE T8'-0's 26'-0~ 3'-0 NEXTEL LEASE ~~ I x ~ .. m '~ I of - I ~~ •. - - ~E ~ s _p. I I I I x OR R~JT TELCO AND POWER ~ >< ~~ °D x ~ EXISTING x CHAIN LINK FENCED COMPOUND AREA PfOPOSCd 2O'-0" WIdC Nextel ~ d'Y1 Access/LTtility Easem~t ~" - z ~^--R ~} x ~ EXISTING PROPOSED METER 13•_O^ WIDE dE OISC. SWITCH CHAIN LINK GATE ON Ex6TING H-FkWE W/ TELCO BOX NORTH MORRISON z HERSHFIELD ~ _ J W ~ Two SSWh UnNereily Drive. SUNS 245. F1erY~. FL 33324 = TSI: 851.577.4655 far. 954577.4658 ~ Steh of FIerIAa C09 OOOD6508 U YiYVW.r110RKC11I1e(eN'wb•~~ oiuwerc rmE: eEVmow rr: ~ LEASE E)ONSIM1COYPOIIND PLAN wEZrEt ertE xwE 4wo ruac e~ ~R Oe/zoia N $ • JUPITER LIGHTHOUSE ie FL-3540 B '~° ~ ~~ Nme Ca.rwnurAOetlon. oesaco er: a Sr1E •WeE35: S"fR rt• 1 Of Z 4»0 ~ .woeEws wwc 907 OlD DIXIE NV/V wtrvNOKe R: "~ susE ~re TEOUESTA, FL Jl4 89 rt. Wlreee+~L n acre SAE owxw wwE u.D SeE wrl:ER: RTSD 1MC A.E wo. 604>KNN•99 VILLAGE OF TEOIJES TA 2 3 D B ' ,' ~ EXIIIBIT EOI11P6/ENT LIST: (6) ANTENNAS, PROPOSED RAD CENTER tt5' (6) COAX CABLES. (t) PREFAB EQUIPMENT SHELTER (2) GPS ANTENNAS (t) TEST MOBILE ANTENNA (t) MICROWAVE (IF APPLICABLE) (1) GENERATOR (IF APPLICABLE) NOTES: RF FRIENDLY MATERIAL AT ANTENNA LOCATION EXISTING I ( ANTENNAS ~~ ANTE~ INSIDE FLAG POLE SEPARATE PEST) POLE CHAIN LINK FENCE _ 0'-0" REFERENCE ~, `~~ 1 LCA.7C C/1111611- NOT TO SCALE z MORRISON HERSHFIELD J ~ Two sown uolvarsity Drive, &,Oe z4s, Fune°R. FL aT3za ~ a Tal: 95/.577.4855 F~c 954.577.465fi Htap o(Floritls C06 00988506 U WWW.RgR1i0NIM7n6rE.WrR 1 NEX~~ NnNwl Cortrrrsdestlons 6M0 N. N41REO3 M2. R. wAe~W4L R !.1]De 2 J a s 0 I z N X W LEASE OWIfIIT-TOw®IPROFILE ~xt0. snc wRC Iwo mR4Et °"T` °`"" °"~°~~" JUPITER LIGHTHOUSE FL-3540 B swc: ore""" sr: '" DESIGRED 6r: [C s0[ .ooRCSS: 901 OLD DIXIE MWY S'KE'r °' = Or = ePV1tWCD or: uC TEOUES7q FL 33469 511E ORNER wuE .~o SIR RuR6Ek ~ sU Rw 6Dq-3pAg,00 FL TBO VILLAfiE OF TEgIESTA 3 D B A r Site Name: Jupiter Lighthouse Site Number: FL3540B Market: South EXHIBIT D FREQUENCIES TX: 851 - 866 935 - 940 RX: 806 - 821 896 - 901 KAREN E. ROSELLI, ESQUIRE 2 1 S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305