HomeMy WebLinkAboutDocumentation_Regular_Tab 27_04/14/2005 � • • • •
emo
To: Mayor and Council
From: Michael R. Couzzo, Jr., Village Manage� ___ _�
Date: 4/12/2005
Re: Nextel South Corporation/ Agenda Item Number 27 Memo
Provided for your review, consideration and approval is Ordinance 52-04/05, a
license agreement with Nextel South Corporation. This agreement is similar to the
previous agreements with Sprint and T-Mobile, which were previously approved by
Council.
Village staff has been working on this agreement over the past year. There is space
on the existing tower to accommodate this request and the purposed rent has been
adjusted accordingly. I would like to acknowledge Community Director Newell for his
assistance in coordinating, with representatives from Nextel, the space required at
the site. �
Ms. Karen Roseffi, P.A. has reviewed the agreement and recommends it for your
consideration. .
Please feel free to contact me if you should require additional information.
MRC/ak
1
•. � • •
emo �
To: Mayor and Council
From: Michael R. Couzzo, Jr., Village Manage� ____�...�,�.�
Da#e: 4/12/2005
Re: Nextei South Corporation/ Agenda Item Number 27 Memo
Provided for your review, consideration and approvaf is Ordinance 52-04/05, a
license agreement with Nextel South Corporation. This agreement is similar to the
previous agreements with Sprint and T-Mobile, which were previously approved by
Council.
Village staff has been working on this agreement over the past year. There is space
on the existing tower to accommodate this request and the purposed rent has been
adjusted accordingly. I would like to acknowledge Community Director Newell for his
assistance in coordinating, with representatives from Nextel, the space required at
the site. �
Ms. Karen Roselli, P.A. has reviewed the agreement and recommends it for your
consideration.
Please feel free to contact me if you should require additional information.
MRC/ak
1
RESOLUTION NO. 52-04/05
A RESOLUTION DF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING
A LICENSE AGREEMENT WITH NEXTEL SOUTH CORP, A
GEORGIA CORPORATION D/B/A NEXTEL GOMMUNICATTONS, OF �
MAITLAND FL, AND THE VILLAGE OF TEQUESTA, TO GRANT
AN EXCLUSIVE RIGHT TO USE APPROXIMATELY 468 SQUARE �
FEET OF GROUND SPACE ON A PORTION OF REAL PROPERTY
OWNED BY THE VTLLAGE OF TEQUESTA, LOCATED AT 901 N.
OLD DIXIE HIGHWlaiY, TEQE7ESTA, FLORIDA.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
. THE VILLAGE 4F TEQUESTA, PALM BEAC�I COUNTY, FLORIDA, AS
FOLLUWS:
ECTION 1: Consideration to enter into a License Agreement, (Attachment A) with Ne�el
outh Corp, a Georgia Corporation, d/b/a Nextel Communications of Maitland, Florida, and
e Village of Tequesta, to grant an exclusive right to use approximately 468 square feet of
ound space on the Village property for the construction, operation, and maintenance of an
quipment shelter; and to erect, operate and maintain six (6) communica.tions antennas on the
illage's existing communications tower located at 901 N. Old Dixie Highway, Tequesta
lorida. ` _
TIiE FOREGQING RESOLUTION WAS OFFERED by Councilmember
, who moved its adoption. The motion was seconded by Councilmember
�, and upon being.put to a vote; the vote was as follows:
FOR ADOPTION AC'rAINST ADOPTION
e Mayor thereupon declared the Resolution duly passed and adopted this day
f , A.D, 2005.
MAYOR OF TEQUESTA
.�
�
,
Jim Humpage
;
ATTEST:
� Gwen Cazlisle
Village Clerk
a 3
Site Name: Jupiter Lighthouse
Site Number: FL3540B
Market: South
LICENSE AGREEMENT
This License Agreement ("Agreement") is �nade and entered into as of this day of „
- , 2005 by and between THE VILLAGE OF TEQUESTA, a Florida
municipal, 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 eonstruction, 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. OId 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 Eachibit 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 lugh 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, fiSQUIRE 1
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Site Name: Jupiter Lighthouse
Site Number: FL3540B
Market: �outh
receiving antennas, microwave dishes, antennas and equipment, a power generator and generator
pad, and supporting equipment and structures (collectively, the "Cornmunications Facility").
Upon execution of tfiis Agreement, LICENSEE shall provide the VILLAGE with copies of a1I
Federal Comrnunications Commission ("FCC") licenses for all frequencies used by LICENSEE
on the Premises. All antennae and equipment sha11 be painted in a neutral colar 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 righf 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 piant
operator 24 hours advance notice prior to any such access at (561)-575-6235 during business
hours, and (561)-262-4326 after hours, exeept 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 VTLLAGE
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 asiy additional antennas or equipment or make any
irnprovements, 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 concem 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) aze 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
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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 Eachibit B to this Agreement shall be prepared by LICENSEE and signed by both the
VILLAGE and the LICENSEE; fhereafter, the VILLAGE and the LICENSEE shall amend the
Agreement to substitute the revised Exhibit B for the prior E�hibit 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 "Cornmencement Date"). Annual rent for the first one-yeaz of the term of
this Agreement shall be Thirty Eight Thousand and 001100 Dollars ($38,U00). Rent for the
initial five-yeaz term, inclusive of the four percent annual increase, in the amount of $210,820.25
shall be paid in full by LICENSEE upon the eazlier of the date of the issuance of a building
permit or forty-five (45) days after the Effective Date. Tfiereafter, 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, frorn 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 sueh 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 d�e 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 ar 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 a one-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 �
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- ,
, � �
Site Name: Jupiter Lighthouse
Site Number: FL3540B
Market: South �
Dollars ($50,000.00) ("Performance Bund"), for the sole purpose of assuring Licensee's
payment of all sums that may becorne 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 tlus Agreement, VILLAGE shall provide Lieensee 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 ta 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 Agr�ement. 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 xesulting
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
Agreernent, 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 L�
S:Central/F1a.Lega1/Sitea 3500/EL3540B-Final Lease.032305
Site Namec Jupiter Lighthouae
Site Number: FL3540B
Market: South
work performed by or for the LICENSEE is performed to completion. in accordance wi�th the
approved plans and that all persons or entities performing work or providing materials relating to
such improvements incluc�ing without limitation, a11 cantractors, 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 �nder 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 norice from the
VILLAGE, the VILLAGE may perform the maintenance or repair at Licensee's expense.
LICENSEE will reimburse the VILLAGE within thirty (3U) days after receipt of an invoice from
the VILLAGE for the cost of such maaintenance or repair.
8.3 The VILLAGE shall cooperate with LICENSEE in its effort to obtain and maintain any
required govemmental 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 abligated to accept any restrictions or condiiions 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 mazket 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 arry Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is
otherwise withdrawn or terminated by government�l 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, arid 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 5
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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
alI claims, damages, losses, liabilities and expenses, pertaining to or arising out of the direct,
indirect, or consequential canstruction; 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,
r.easonable attorney's fees (including appellate attorneys' fees and costs). The VILLAGE
reserves the right to select its own legal counsel to conduct any defen�e 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 ernployees, agents or contractors. Nothing contained herein
is intended nor sha11 it be conshued to waive the VILLAGE's rights and immunities under the
common law or Florida Statute 768.28, as amended from time #o time.
10.2 Except for liability resulting soleiy from or arising out af the acts or omissions of
VILLAGE, its servants or agents, VILLAGE will not be liable for the following: (i) loss of or
damage to L•ICENSEE's property located in ar 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 Pmperty or any
person on the Property, by vccupants 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 .
1 l.l 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 Comaensallon and Emnlover's t.iabilitv 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
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Site Number: FL3540B
Market: Soufh
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) Comnrehensive " General Liabilitv 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 minirnum limits and not
less than those required for Bodily Injury Liability and Property Damage:
$3,000,000 Combined Sirigle 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
rernoved and deleted.
(c) Comarehensive Automobile Liabilitv Insurance for owned and hired
automobiles and other vefiicles used by the LICENSEE in the performance
of the work and with the following minirnum 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 IJNDER THIS AGREEMENT. All insurance policies shall contain a provision or
endorsement. that the coverage afforded shall not be eancelled, materially cha�ged or renewal
refused until at least thirty (30) calendar days written notice has been given to the VII,LAGE by
certified mail, return receipt requested. LICENSEE shall provide thirty (30) days written norice
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 ']
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Site Name: Jupiter Lighthouse
Site Number: FL3540B
Market: 3outh
coverage electronically by providing to Landlord a Uniform Resource Locator ("URL") 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 shalI preclude any undervvriter's
rights of recovery or subrogation against the VILLAGE with the express intention of the parties
being that the required coverages grotect both parties as the primary insurance for any and all
losses covered by the above described insurance. LICENSEE by entering into this Agreement,
a�rees to a waiver of subrogation for each required policy of insurance, except Workers'
Compensation, provided however, that the VILLAGE aeknowledges 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 expiratian of this Agreement.
VILLAGE, at VILLAGE's sole cost and expense, shall procure and maintain Broad Form
Property insurance of at least Twa 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. ANN[JAI; TERMTNATION
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 #he 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 E�hibit "D" without the prior
written consent of the VILLAGE, which shall not be unreasonably withheld, and which shall be
subject to the provisions of#his 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 after receipt of
KAREN E. ROSELLI, ESQUIRE 8
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Site Number: FL3540B
Market: South
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notice from the VILLAGE, LICENSEE agrees to temporarily diseontinue use of its ;
Corrimunications Facility or portion thereof causing the interference until such time as ,
LICENSEE is able to cure the interference; provided, however, LICENSEE shall be able fio
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 inter�erence under this Pazagraph, 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 Consultanf's
determination will be conclusive. The fees for the Tndependent 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 rernedy 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 Pazagraph in a court of competent jurisdiction.
14. REMOVAL UPON TERMINATION.
14.1 Upon temiination of the Agreement, LICENSEE shall, remove its equipment, fixtures
and all personal property and restore the Premises to its original condition, reasonable wear and
tear 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 sha11 pay
rent at the then existing annua.l advance rate, until such tirne as the removal of its equipment,
fixtures and all personal property are 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.
1S. QUIET ENJOYMENT.
151 The VILLAGE covenants that LICENSEE, on pay�ng 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 covenanfs 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/FL35408-Final Lease.032305
Site Name: Jupiter Lighthouae
Site Number: FL3540B
Market: South
the Property, or affecting the VILLAGE's title to the same and that there aze no covenants,
easements, restrictions or agreements binding on the VILLAGE or the Property which prevent
the �se of the Aremises by the LICENSEE as set forth abave.
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
LTCENSEE in any dispute, controversy or proceeding at law, and any addition, variation or
modification to this Agceement 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,
sueh finding shall not affect the validity and enforceability of the remaining .provisions of this
Agreement. The failure of either Party to insist upon striet performance of any of the terms or
conditions of this Agreement or to exercise any of its riglzts 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 may be 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 fifly-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, ESQUIRfi � 0
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, whieh
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, ptedge,
hypotheeate 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 VII�LAGE (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 give� 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
tY�e 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 ttie 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,
dfb/a Nextel Communications
851 Trafalgar Court, Suite 300 East
Maitland, FL 32751
Attention: Property Manager
Telephone: 407-838-5334
With a co to:
KAREN E. ROSELLI, ESQUIRE ],].
S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305
Site Name: Jupiter Lighthouae
Site Number: FL3540B
Market: South
Nextel Communications, Inc.
� 2001 Edmund Halley Drive
Reston, VA 20191-343b
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 sha11 not be recorded by either party inthe Public Records.
23. DEFAULT. ,
23.1 In the evenf tliere 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 monet�ry default and thirty (30) days in which to
�cure any non-monetary defauit, 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 (3U) 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 eazlier 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 Qf 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 ],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 violatian of, or
requiring compliance with any Environmental Law for any environmental damage (or the
presence of any Hazardous Materialj in, on, under, upon or affecting the Property; and (iii) it will
not pernut 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 knowled.ge 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 perfortnin�
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 eost 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 a11 claims, suits, judgments, losses, damages,
fines, or other liabilities, which may be incurred by the VILLAGE, including reasonable
attomey'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 hazazdous
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
� petroieum or petroleum products or by-products, fla,mmable explosives, radioactive materials,
asbestos in any form, polychlorinated biphenyls and any other substanee � 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, generatio�,
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 ].3,
S:Central/F1a.Lega1/Sites 3500/FL35408-Final Lease.032305
Site Namec Jupiter Lighthouse
Site Number: FL354OB
Market: South
25. CASUALTY
25:1 In the event of damage hy fire or other casualty to the P�remises that cannot reasonably be
expeeted to be repaired within forty-five (45) days fallowing 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 mare than forty-five (45) days, then LICENSEE
may at any time following such fire or other casualty, provided the VILLAGE has not eompleted
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 �orth in such notice were the date originally set as the expiration date of this Agxeement
and the parties shall make an appropriate adjustment, as of sueh termination date, with respect to
payments due ta the other under this Agreement. Notwithstanding the foregoing, all rental shall
abate d�aring the period of such fire or other casualty.
26. CONDEMNATION
26.1 In the event of any condernriation 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 t12e 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 t�is 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 frorn this Agreement aend 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 ]
S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305
Site Name: Jupiter Lighthouse
Site Number: FL3540B
Market: South
28.1 LICEN5EE shall use the Premises as may be 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 coaperate with LICENSEE
regarding any compliance required by LICENSEE in respect to its use of the Premises.
29. SURVIV.AL.
29.1 The provisions of the Agreement relating to indemnification shall survive any
termination or expiration of tlus 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 aze not
intended to be part of the A�reement. 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 fram your county
health department. This notice is provided pursuant to Section 404.056, Florida Statutes.
32. TAX�S.
32.1 The LICENSEE shall be responsible for the payment of all personal property taxes,
charges and assessments of any kind (including without limitation a pro-rata share of all real
property taxes) levied, charged, or assessed which aze 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
�ommunications Facility that affect in any manner the equipment, Communications Facility or
radio frequency transmissions from the equipment or the Communications Faeility. Each Safety
Certification must verify that: (i) the Communications Facility does not generate radio
KAREN E. ROSELLI, ESQUIRE 1 rj
S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305
Site Name: Jupiter Lighthouse
Site Number: FL35408
Market: South
frequency emissions at a level that eould cause persons in uncontrolled azeas to be exposed to
radiation in excess of the Ma�imum Permissible Exposure levels established by FCC regulations;
(ii} the Cornmunications Facility does not generate radio frequency emissions at a level that �
eould 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 attomey's fees and costs in
addition to any other relief to which the prevailing party is awarded.
35. ACCORD AND SATISFACTIQN.
351 In the event the LICENSEE pays an amounf 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, tenorist 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 finaaicing
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 ].(
S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305
Site Name: Jupiter Lighthouae '
Site.Number: FL35408 -
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, foreclo�ure, sale, levy, atta.ehment, or distress for any Rent due or to become due and
that sueh Collateral may be removed at any time without recourse to legal proceedings.
37. . LIST OF LICENSE AGREEMENT EXHIBITS (A.LL 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.
VILLAGE:
WITNESS
Name: By:
Name: Michael Couzzo
Title: Village Manager
WITNESS
Name: �
� ���
wrrrrESs
Name: �I I�.1. �;a �a ame: Scott mith
Title: VP Site elopment South Region
. WITNESS
Name:1�?�l,��a�} l�4��e,�
KAREN S. ROSELLI, ESQUIRE 17 '
S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305
i
Site Name: Jupiter Lighthouse
Site Number: FL3540H
Market: South
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
A 60.00 FOOT BY 40.00 FOOT PARCEL OF L�ND LYING IN SECTION 30, TOWNSHIP
54 SOLJTH, RANGE 40 EAST, BEING A PART OF THE VILLAGE OF TEQUESTA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
KAREN E. ROSELLI, ESQUIRE 1,8
S:Central/F1a.Lega1/SiCea 3500/FL3540B-Final Lease.032305
Site Name: Jupiter Lighthouse
Site Number; FL3540B
Market: South
EXHIBIT B
SPECIFICATIONS OF EQUIPMENT
ATTACHED ' �
KAREN E. ROSELLI, ESQUIRE 1,9
S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Lease.032305
NE7C�EL'
SOUTH REGION EBTS WORKSHEET '
VERSION 1.0
� FINAL
ete: 09I21120U4 Originai Date:
(ssue Number: FINAL
Issuing Enginee�: RenataSegues Origi�al Engineer:
Slte ID /F: NFL3540-AP LatRude: 26.9681 26 • 58 - 5.16
Site Name: NFL3540-AP Ju iter Li hthouse Longitude: . 80.08984 80 - 5- 23.42
Address: 210 Milita Trail Type of Structure: EXISTING
Stte Conflguratbn: Sector
Ground Elevation (AMSL) in feet:
Structure Haight (AGL) in feet: 120
CountyfPaHsh: JUPtTER, PALM BEACH Antenna Tip HeigM (AGL) in feet:
NAD: 1983 Mounting Meight (AGL) in feet: 115
Radiatlon Centeriine (RCAGL) in feet: AI ha 115
Morphology: Urban Beta 115
Gamma 115
re on 5 2
Control C annel on Anti-1 Ant2-1 Ant3-1
TX/RX Coaxial line Len feet 140 140 t40
Number of TXIRX Coax runs 4 4 4
TX/RX oax Man uror & Size 7/8" 7/8" 7!&"
Number of TX/RX Antennas 2 2 2
TX/RX Antenna anufacturer EMS EMS EMS
TX/RX Antenna Model"' RR65-12-00 AL4 RR65-12-00 AL4 RR65-12-00 AL4
TX� �tenna Oain dBd 12.00 12.00 12.00
T7 i ERP Watts 48.00 48.00 48.00
Tx � ERP dBm - 46.81 48.81 46.81
D ree of Mechanical Tilt 0.00 A.00 0.00
D ree of Electrtca Tik D 0 0
R DS Du Iex:Gen4 Du lex Gen4 Qu Iex Gen4
Combiner T 4:1 / None 4:1 / None 4:1 / None
BR T e SOOMHz Quad / L ac 800MHz Quad /Le ac SOOMHz Quad•/ L ac
# of 800MHz Quad / Cartiers Enbl 2 2 2 2 2 2
# of 900MHz Quad / Carriers Enbl
# of L ac BR 4 4 4
T of L ac BR PA 70 70 70
**Antennas should be ordered with 7M&DIN Female connector, unless stated othervvise.
plumbin : see attached "Plumbin " tab for 8R and RFDS plumbin instrucHons
2 dual le antennas er sector
Site Namec Jupiter Lighthouse
3ite Number: FL3540B
Market: South
EXHIBIT C
SITE PLAN/SKETCH OF TOWER AND EQUIPMENT SHELTER
KAREN E. ROSELLI, ESQUIRE
S:Central/F1a.Lega1/Sites 3500/FL3540B-Final Le s�e.032305 I
s.
' � •• � EXHIBIT G
PROPOSED
LINE TA 18�-0�x 26'-0" . ESSOR
COURSE BEARING DIS7ANCE NEXTEL LEASE AREA PROPERTY �
Lt S 52'34 05 W 229.$1 \ 5 89'S7'03" E_1201.14'_,__ -- BOUNDARY
l2 N 52'3 0 E 40.00 VILLAGE OF 7EQUESTA EXISTING 130'-0"
L3 N 35'32 56 W 60.00 � dt LOXAHATCHER RNER A , � FLAG POLE
L4 S 35'32 56 E 60.00 ENVIRONMENTAL CONTROL DISTRICT �, `
5 r� • q yy 40;Q 3 ZONING: C-2 �, $
o ��
^� � EXISTING
RpppSEO I,^� PAVED ROAD �
• oI � 20'-0" W1QE a
. a INCRESS/ECRESS o
` EJISEMENT o
. N .
� XISTING PAVED RQAD •
� 5 89' 7'03 E N 89�7'b�' E 921.26
NORTH 355.29' . EXISTING
. PAVED ROAD �
� NOT TO SCALE
� 40 ;_�,
�1 2p'
w/ c.�9�E � _ � _ — — ` . . .
x � � x
. 4 �i i I . .
. . . � i x -�
�5� �� i � � .
GPS ANTEN� . . � X
IAOUNTEO GN SF�L� "�
(7YPK',AL- 0F 2) . I I � . EXtSTING 130
� • I . FLAG POLE
18'-0'x 26'-0� 3 -� I
NEXTEL LE1►SE A�� � m
. i _-_ i �
f . x .
� �� , . .
.. �. 5 _ �, x .
� e
re�co ,w�POw�R ^ x �� I . .. � ' .
,
EXISTING
. � i � X CHAIN UNK FENCED
Proposed 20'-0 W1aC NCXtCI COMPOUNO ��
L � -�. .
Access/Ut;ucy E�m�t "" — x --� x
��/ V
. EXISTING PROPOSED METER
' 13tp" WIDE , � 015C. SWiTCFI
CHNN LINK GATE . . ` ON E%ISTMIG �
H—�rw+E w/
TELCO BOX
NORTH
2 LEASE EXHIBIT-COMPOUND PLA "
NOT TO SCALE
oaw�xe m�: kMro� rr: �
. - - LEItBE EfOM01T-COYRCIIND PLAN �
'" M O R R I S O N�� wnn me w+c .�w r.uoe yn ��/zoia
� JUPITER UGHTHf�USE
HERSHFIELD � �, N� FL -354OB � s��^+ � �
Two SaAh UMwnf1Y DAw� SiIM 2�+. �^�0^• FL 333'14 NwN�c�nwnurAe�tlon� . D[s�n �r: Cc
Z TM: Y51.577.4�6 isc D'i4'-�.'�` _ LS . srtC �oo�[ 01 OLD DUtIE HN/Y sKEi �r 1 OF � �rM�orco x: K
� StaN of FloriOa CO� 0000l� s70° " 'wac�iro� � TEOUESTA, Ft 334 69 -
V ww,M,mar�a�M�iddcom n. wbawc. n auoo �s�rt o.�cR wWC wo sac rw�n�: re nt r+e. so�. �•'rso
. VILLA6E OF TEqRSTA "
1 2 3
' ' ,` ' .EXIIIBIT' �
� ���
(6) ANT@NNAS,
• PROPOSED RAO CENTER 115'
(6) Cl?AX CABLES.
(1) PREFAB EOUIPMENT SHELTER �
(2) GPS ANTENNAS
� , (1) TEST M081LE ANTENNA D
(1 ) MICROWAVE (If APPUCABLE)
. . (1 ) GENERATOR (tf APPLICABLE)
EXISTING �
. AMERICAN fUG
�XISTING .
ANTENNAS .
INSIDE FLAG POLE 130'—D' aGl. .�
- pP OF fLAG POLE�
125'—O" C.L. OF nNTENNA
n60vE GRADE
,� t i S'-0` C.l: OF AtiTEN►�u►
A80VE CRADE . '
tp '-0" C.L. OF AN7ENNA '
� . �
FtI1CPOLE
NOTES: :
� �NDLY WTERW. EXYST113G �
( µ�,�►T�NI OF T� ANTENNIiS � .
� �� INSIDE FIAG POLE �
SEPARATE ��) .
0
�
.- � . . - . . � r Q i .� . -.
� �
�
• X
W
FLAG POIE
. .. _ • EXiSTING B
CHAIN LINK •
FENCE
� 0'-0' REFERENCE a_
�J ,
� LEASE EXHIBIT-TO�fVER PROFILE q
NO? TO SCALE
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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