HomeMy WebLinkAboutDocumentation_Regular_Tab 09_07/10/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
7/10/14
Consent Agenda: No Resolution #:
Originating Department: Legal / Brad Gomberg
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Approval of Verizon Cell Tower Agreement for 136 Bridge Road (Public Works Facility)
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Account #: �B� p � _� f � � Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: �'h�;ose an Appropriate Fund Balance: Choose an item.
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...� . .
Department Head Legal and Brad Gomberg _ -
Finance Director or Representative
Reviewed for Financial Sufficiency ❑
No Financial Impact ❑
Attorney: (for legal sufficiency)
Village Manager: G � � ---
Submit for Council Discussion: [�
Approve Item: ❑
Deny Item: �
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Form Amended: 3/14/14
V� G'i�� c��.J/ �t�cd, �/. J4G.
ATTORNEYS AT LAW
1111 Hypol�ixo Road, Suite 207
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JOHN CORBEI°f TELII'HONE (561) 586-7116
TRELA J. WHITE TELECOPIER (561) 586-9611
KEITEI W. DAVIS�
R MAX LOHMAN a Bo�d Certified in City, Coimty �d Loc�l Govemme� Law
ABIGAII. FORRESTER 70RANDBY
JENNIFER GARDNER ASHTON °'"AICP, LEED AP
ERIN L. DEADY, P.A., Of Couosel*'�
TO: Village Mana.ger Couzzo
FROM: Village Attorney Davis
DATE: July 2, 2014
RE: Verizon Lease Agreements — Bridge Road and Old Dixie Sites
On June 27, 2014, after lengthy and detailed discussions that occurred over the past several
months with legal counsel for Verizon Wireless, and with the significant technical assistance of
Brad Gomberg, I provided you with two Lease Agreements as referenced above. Specifically, a
ground lease for the Bridge Road cell tower site (Verizon is separately contra.cting with
American Tower for tower space at this site), and a ground/tower lease for the Old Dixie
Highway cell tower site. The agreements provide the Village with annual revenue starting at
$36,000.00 each, escalating annually throughout the term of the agreements. The ground lease
has an i.nitial term of 10 years, to coincide with Verizon's tower lease with American Tower.
The ground/tower lease has an initial term of 5 yeazs. Both Lease Agreements, as is customary
in cell tower agreements, provide for renewals that are self-executing. Both Lease Agreements
provide for 4 additional extension terms of 5 yeazs each.
Also, as is customary in cell tower agreements, both Lease Agreements provide Verizon with
the ability to terminate under certain circumstances. While the Lease Agreements allow the
Village to terminate as well, in the event of a breach and failure to cure, they do not include a
termination "for convenience" provision. Although this type of termination clause is customary
in many agreements tha.t the Village enters into, they are not typical in cell tower agreements.
The reason tha.t they are not typical is that the provider (Verizon in this case) invests significant
capital resources in insta.11ing their equipment and crea.ting their network. Additionally, if the
Village had the ability to terminate the Lease Agreements for no particular reason, there would
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be potential for disruption to the provider's network that would exceed any benefit to their
locating at the particular site in the first place. An added complication with the Bridge Road site
is tha.t the ground lease with the Village and the tower lease with American Tower are dependent
on each other. One is pointless without the other, making a termination for convenieace
provision even more problematic. ,
I also note that all current cell tower agreements to wluch the Village is a pariy (many pre-
dating my firm's representation of the Village, and some from as recent as 2009) contain similaz
termination provisions, as do previous agreements that are no longer in effect. Beyond that, I
have looked at cell tower agreements in other jurisdictions and also find termination langua.ge
that has the same effect as that contained in our proposed Verizon agreements.
It is my understandi.ng that one Village department head Uas raised concerns, and disagrees
with the absence of a"termi.nation for convenience" provision in the proposed Verizon
agreements. The argument made to me regarding the termi.nation provisions was tha.t if, in the
future, the state of the industry changes such thax the Village might be able to get a better deal,
we would not be able to termi.nate our agreement with Verizon for convenience, in order to try
and get a new tenant and more revenue. In response, I wonder wha.t potential new tenant would
want to subject themselves to similar treatment (being terminated for convenience), at greaxer
expense. Further, I reiterate my position regazding these documents:
A great deal of time and effort has gone into creating them. They are legally sufficient
heyond question and they provide the Village with a ha.ndsome revenue stream for a significant
number of years. The termination provisions are customary for this type of agreement, and have
consistently been adopted and approved by the Village, to my knowledge, without the objections
now being raised. Despite the foregoing, I have reached out to legal counsel for Verizon
regarding this issue. He has verified everything that I ha.ve previously discussed with you, as I
have now memorialized in tlus Memorandum. Verizon will not enter into agreements with the
Village if we insist on the type of termination provision that is desired by the complaining
department head. Verizon's reasons are as stated. above.
It is my opinion tha.t I have provided two lease agreements that benefit the Village; both of
which are legally sufficient and both of which contain favora.ble terms and conditions. I
specifically advise against pushing the issue that has been raised regarding termination
provisions contained in the agreements.
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LESSEE Site I.D.: ATC E Tequesta. 68691
LAND LEASE AGREEMENT
This Agreement, made this day of , 2014, between The Village of Tequesta,
Florida, a municipal corpora.tion with its principal offces located at
345 Tequesta Drive, Tequesta, Florida 33469, hereinafter designated LESSOR, and
Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, a Delawaze limited
partnership, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking
Ridge, New Jersey 07920 (telephone number 866-862�404), hereinafter designated LESSEE.
The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Pazties" or
individually as the "Party".
WHEREAS, pursuant to that certa,in Lease Agreement ("Crround Lease") dated September
18, 2009 by and between LESSOR and New Cingular Wireless PCS, LLC, a Delawa.re limited
liability company ("AT&T"), LESSOR leased to AT&T certain portions of the Property described
therein, located at 136 Bridge Road, Tequesta, Florida 33469 (the "AT&T Ground Space"), for use
in connection with the provisions of communications services, including the opera.tion of a
communications tower (the "Tower"). The Ground Lease was later assigned by AT&T to
American Towers, Inc, a Delawaze corporation ("ATC") via that certain Assignment and
Assumption of Lease Agreement dated November 18, 2009 by and between AT&T and ATC; and
WHEREAS, LESSEE desires to also lease ground space from LESSOR comprised of
additional portions of LESSOR'S property located at 136 Bridge Road, Tequesta, Florida 33469 in
connection with the provisions of communications services.
NOW, THEREFORE, in considera.tion of the mutual covenants herein set forth and other
good and valuable considera.tion, the receipt and sufficiency of which is hereby acknowledged, the
parties hereby agree as follows:
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of
property (the entirety of LESSOR's property is referred to hereinafter as the Property), located at
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136 Bridge Road, Tequesta, Florida 33469, and being described as a 28' by 25 ' parcel containing
700 square feet (the "Land Space"), together with the non-exclusive right (the "Rights of Wa�')
for ingress and egress, seven (7) days a week twenty-four (24) hours a da.y, on foot or motor
vehicle, including trucks over or along a twenty (20) foot wide right-of-way extending from the
nearest public right-of-way, Bridge Road, to the Land Space, and for the installation and
maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more
rights of way from the Land Space.
LESSOR also grants to LESSEE a non-exclusive right for ingress and egress, seven (7)
da.ys a week twenty-four (24) hours a day on foot or motor vehicle, including trucks, and for the
installation and mai.ntenance of utility wires, poles, cables, conduits, and pipes over, under, along
or across the Property to connect: (1) the Premises to the AT&T Crround Space, (2) the Rights of
Way to the Premises, and (3) the Rights of Way to the AT&T Ground Space (the "Easement").
The Land Space and Rights of Way, and the Easement are hereinafter collectively referred to as the
"Premises". The Iand Space and Rights of Way aze more particularly described herein in Exhibit
"A" attached hereto and made a part hereof. The Properiy is likewise described herein in Exhibit
"A" attached hereto and made a part hereof. A site sketch depicting the location of the ATC
Tower and the Premises is attached hereto as Exhibit "B".
In the event any public utility is unable to use the Rights of Way, LESSOR hereby agrees
to grant an additional right-of-way either to LESSEE or to the public utility at no cost to LESSEE.
LESSOR hereby consents to LESSEE executing a separa.te agreement with ATC for space
on the Tower (the "ATC Lease"). LESSOR acl�owledges that this Agreement is contingent upon
LESSEE executing the ATC Lease. The ATC Lease shall include a provision acknowledging the
existence of this Agreement and requiring that LESSEE comply with this Agreement's terms and
conditions, in addition to the terms and conditions of the ATC Lease. Further, if at any time during
the term of this Agreement the ATC Lease is termi.nated, LESSOR agrees that LESSEE shall have
the right to terminate this Agreement upon thirty (30) da.ys prior written notice to LESSOR In
addition, and notwithstanding anything to the contrary contained in this Agreement, including the
provisions of Paragraph 27 below, LESSOR shall not have the right to terminate this Agreement
unless LESSOR simultaneously terminates the Ground Lease with ATC.
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2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the
Property, and the Premises, and said survey shall then become Exhibit "C" which sha11 be attached
hereto and made a part hereof, and shall control in the event of boundary and access discrepancies
between it and Exhibit "A". Cost for such work shall be bome by LESSEE.
3. T`ERM; RENTAL. This Agreement shall be effective as of the da.te of execution
by both Parties, provided, however, the initial term shall be for ten (10) years and shall
commence on the Commencement Date (as hereinafter defined) at which time rental payments
shall commence and be due at a tota.l annual rental of Thirty Thousand and 00/100 Dollars
($30,000.00) to be paid in equal monthly installments on the first da.y of the month, in advance,
to LESSOR or to such other person, firm or place as LESSOR may, from time to time, designate
in writing at least thirty (30) da.ys in advance of any rental payment date by notice given in
accordance with Paragraph 23 below. The Agreement shall commence based upon the date
LESSEE is granted a building permit by the governmental agency charged with issuing such
permits, or the date of execution of the Agreement by the Parties, whichever is later. In the event
the date at which LESSEE is granted a buildi.ng permit or the date of execution of the
Agreement, whichever is applicable, falls between the 1�` and 15�' of the month, the Agreement
shall commence on the 1�` of that month and if such date falls between the 16�' and 31 � of the
month, then the Agreement shall commence on the 1�` day of the following month (either the
"Commencement Date"). LESSOR and LESSEE acknowledge and agree that initial rental
payment(s) shall not actually be sent by LESSEE until thirry (30) days after the Commencement
Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1,
LESSEE shall send to the LESSOR the rental payments for January 1 and February 1 by
February 1.
a. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer
and in such event, LESSOR agrees to provide to LESSEE bank routing information for such
purpose upon request of LESSEE.
b. LESSOR hereby agrees to provide to LESSEE, in conjunction with the execution
of this Agreement, certa.in documentarion (the "Rental Documentation") evidencing LESSOR'S
interest in, and right to receive payments under, this Agreement, including without limitation: (i)
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documentation, acceptable to LESSEE in LESSEE'S reasonable discretion, evidencing
LESSOR's good and sufficient title to and/or interest in the Property and right to receive rental
payments and other benefits hereunder; (ii) a complete and fully executed Intemal Revenue
Service Form W-9, or equivalent, in a form accepta.ble to LESSEE, for any party to whom rental
payments are to be made pursuant to this Agreement; and (iii) other documentation necessary for
evidencing LESSOR'S interest in, or right to receive renta.l payments and other benefits
hereunder, requested by LESSEE in LESSEE'S reasonable discretion. From time to time during
the Term of this Agreement and within thirty (30) days of a written request from LESSEE,
LESSOR agrees to provide updated Rental Documentation in a form reasonably accepta.ble to
LESSEE. The Rental Documentation shall be provided to LESSEE in accorda.nce with the
provisions of and at the address given in Paragraph 23.
c. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the
payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE
shall have no obligation to make any rental payments until Rental Documentation has been
supplied to LESSEE as provided herein; provided, however, in the event any amounts which
would otherwise be due have not been paid by LESSEE due to the absence of Rental
Documentation, such amounts shall be paid to LESSOR by LESSEE within forty-five (45) days
of the delivery of Rental Documentation to LESSEE.
d. Within fifteen (15) days of obtaining an interest in the Property or this
Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall
provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph.
From time to time during the Term of this Agreement and withi.n thirty (30) days of a written
request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated
Renta.l Documentation in a form reasonably acceptable to LESSEE. Delivery of Rental
Documentation to LESSEE by any assignee(s), transferee(s) or other successor(s) in interest of
LESSOR shall be a prerequisite for the payment of any rent by LESSEE to such party and
notwithstandi.ng anything to the contrary herein, LESSEE shall have no obligation to make any
rental payments to any assignee(s), transferee(s) or other successor(s) in interest of LESSOR
until Rental Documentation has been supplied to LESSEE as provided herein; provided,
however, in the event any amounts which would otherwise be due have not been paid by
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LESSEE Site I.D.: ATC E Tequesta 68691
LESSEE due to the absence of Renta.l Documentation, such amounts shall be paid to LESSOR,
or any assignee(s), transferee(s) or other successor(s) in interest of LESSOR, as applicable, by
LESSEE within foriy-five (45) days of the delivery of Rental Documentation to LESSEE.
4. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless LESSEE termi.nates it at the end of the then current term by
giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of
the then current term.
5. EXTENSION RENTALS. Commencing on the first annual anniversary of the
Commencement Date and on each annual anniversary thereafter during the Term of this
Agreement (including all extension terms), the annual rental fee shall increase by an amount equal
to one point five (1.5%) of the annual rental fee due for the immediately preceding 12 month
period.
6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) yeaz
extension term this Agreement has not been term.i.nated by either Pazty by giving to the other
written notice of an intention to terminate it at least three (3) months prior to the end of such term,
this Agreement shall continue in force upon the same covenants, terms and conditions for a further
term of five (5) years and for five (5) year terms thereafter until terminated by either Party by
givi.ng to the other written notice of its intention to so terminate at least three (3) months prior to
the end of such term. Annual rental for each such additiona.l five (5) year term shall be calculated
pursuant to Paragraph 5 above. The initial term and all extensions shall be collectively referred to
herein as the "Term".
7. TAXES. LESSEE shall have the responsibility to pay any personal property, real
estate taxes, assessments, or charges owed on the Properry which LESSOR demonstrates is the
result of LESSEE'S use of the Premises and/or the insta.11ation, maintenance, and operation of
the LESSEE'S improvements, and any sales tax imposed on the rent (except to the extent that
LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the
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Property is located), including any increase in real esta.te taxes at the Property which LESSOR
demonstrates arises from the LESSEE'S improvements and/or LESSEE'S use of the Premises.
LESSOR and LESSEE shall each be responsible for the payment of any taxes, levies,
assessments and other charges imposed including franchise and similar taxes imgosed upon the
business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing,
LESSEE sha.11 not have the obligation to pay any tax, assessment, or charge that LESSEE is
disputing in good faith in appropriate proceedings prior to a final determi.nation that such tax is
properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall
be construed as making LESSEE liable for any portion of LESSOR'S income taxes in
connection with any Property or otherwise. Except as set forth in this Paragraph, LESSOR shall
have the responsibility to pay any personal property, real esta.te taxes, assessments, or cha.rges
owed on the Property and shall do so prior to the imposition of any lien on the Property.
LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any ta.x assessment or billing for which LESSEE is wholly or
partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at
LESSEE'S expense in filing, prosecuting and perfecting any appeal or challenge to ta.xes as set
forth in the preceding sentence, including but not limited to, executing any consent, appeal or
other similar document. In the event that as a result of any appeal or challenge by LESSEE,
there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid
by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction,
credit or repayment. In the event that LESSEE does not have the standing rights to pursue a
good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such
dispute at LESSEE's sole cost and expense upon written request of LESSEE.
8. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the
purpose of constructing, maintaining, repairing and operating a communications facility and uses
incidental thereto. LESSEE shall maintain, at its sole cost and expense, its equipment in good
condition, reasonable wear and teaz excepted. All work performed on the Premises shall be
performed by licensed contractors specializing in such work, shall be performed in a good and
workmanlike manner, and shall be prosecuted to complerion in accordance with the plans,
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LESSEE Site I.D.: ATC E Tequesta 68691
specifications and issued permits. Any damage caused to the Properiy, including the Premises, due
to the acts or omissions of LESSEE or its agents, contractors or employees, shall be repaired by
LESSEE at LESSEE'S sole cost and expense, excepting wear and tear and casualty da.mage.
LESSEE shall have the right to replace, repair, or otherwise modify its uriliries, equipment,
antennas and/or conduits or any portion thereof and the frequencies over which the equipment
operates, whether the equipment, antennas, conduits or frequencies aze specified or not on any
exhibit attached hereto, during the Term. In no event shall LESSEE be permitted to make
changes or modifications which: (i) expand or materially change or alter the LESSEE'S use of
the Premises; (ii) are installed outside of the boundaries of the Premises; or (iii) may otherwise
adversely affect the Premises. A security fence consisting of chain link construction or similar
but comparable construction ma.y be placed around the perimeter of the Premises at the
discretion of LESSEE (not including the access easement).
It is understood and agreed that LESSEE'S ability to use the Premises is contingent upon
its obtaining after the execution date of this Agreement all of the certificates, permits and other
approvals (collectively the "Governmenta.l Approvals") that may be required by any Federal, State
or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the
Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such
approvals and shall take no action which would adversely affect the status of the Properiy with
respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for
such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued
to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by
governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be
obtained in a timely manner; (iv) LESSEE determines that any soil boring tests are
unsatisfactory; (v) LESSEE determi.nes that the Premises is no longer technically compatible for
its use, or (vi) LE5SEE, in its sole discretion, determ.i.nes that the Premises is obsolete or
unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's
exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return
receipt r�uested, and shall be effective upon the maili.ng of such notice by LESSEE, or upon such
later date as designated by LESSEE. All rentals paid to said termination da.te shall be retained by
LESSOR. Upon such terminarion, this Agreement shall be of no further force or effect except to
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the extent of the representa.tions, warranties and indemnities made by each Party to the other
hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to
LESSOR.
9. INDEMNIFICATION. Ea.ch Party shall indemnify and hold the other harmless
against any claim of liability or loss from personal injury or property damage resulting from or
arising out of the negligence or willful misconduct of the indemnifying Pariy, its employees,
contractors or agents, except to the extent such claims or da.mages may be due to or caused by
the negligence or willful misconduct of the other Party, or its employees, contractors or agents.
Notwithstanding anything in this Agreement to the contrary, LESSOR'S liability shall be limited
by the statutory amounts set forth in SEC. 768.28, FZoYida Statutes, including the limits
regarding attomey's fees. Nothing contained in this Agreement shall be construed as a waiver of
LESSOR'S sovereign immunity beyond the waivers set forth in Sec. 768.28, Florida Statutes.
Nothing contained in this Agreement shall be construed as LESSOR'S consent to be sued.
10. INSURANCE. LESSOR shall, at its own cost and expense, ma.intain broad form
property insurdnce of at least One Million Dollars ($1,000,000.00). At tis sole discretion,
LESSOR may be self-insured for such coverage. LESSEE shall, at its own cost and expense,
maintain commercial general liability insurance with limits not less than $1,000,000 for injury to
or death of one or more persons in any one occurrence and $500,000 for damage or destruction
to property in any one occurrence. LESSEE shall include LESSOR as an additional insured.
11. LIMITATION OF LIABILTTY. Except for indemn.ification pursuant to Paragra.phs
9 and 29, neither Party shall be liable to the other, or any of their respective agents,
representatives, employees for any lost revenue, lost profits, loss of technology, rights or
services, incidental, punitive, indirect, special or consequential damages, loss of da.ta, or
intemiption or loss of use of service, even if advised of the possibility of such da.mages, whether
under theory of contract, tort (including negligence), strict liability or otherwise.
Notwithstanding anything in this Agreement to the contrary, LESSOR'S liability shall be limited
by the statutory amounts set forth in SEC. 768.28, Florida Statutes, including the limits
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regarding attorney's fees. Nothing contained in this Agreement shall be construed as a waiver of
LESSOR'S sovereign immunity beyond the waivers set forth in Sec. 768.28, Flo�ida Statutes.
Nothing contained in this Agreement shall be construed as LESSOR'S consent to be sued.
12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods,
LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the
Commencement Date provided that six (6) months prior notice is given to LESSOR. In the
event LESSEE chooses to terminate the Agreement pursuant to this section, it shall pay to
LESSOR a termination fee equal to three (3) times the preceding month's rent.
13. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency
which will not adversely affect or cause harmful interference which is mea.surable in accordance
with then existing industry standards to any equipment of LESSOR or other lessees of the
Property which equipment existed on the Property prior to the date this Agreement is executed
by the Parties. In the event any after-installed LESSEE'S equipment causes such interference,
and after LESSOR has notified LESSEE in writi.ng of such interference, LESSEE will ta.ke all
commercially reasonable steps necessary to correct and eliminate the interference, including but
not limited to, at LESSEE'S option, powering down such equipment and later powering up such
equipment for intermittent testing. In no event will LESSOR be entitled to terminate this
Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy
the interference issue. LESSOR agrees that LESSOR and/or any other tena.nts of the Property
who currently have or in the future ta.ke possession of the Properiy will be permitted to install
only such equipment that is of the type and frequency which will not adversely affect or cause
harmful interference which is measurable in accordance with then existing industry standards to
the then existing equipment of LESSEE. The Parties acknowledge that there will not be an
adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore,
either Party shall have the right to equitable remedies, such as, without limitation, injunctive
relief and specific performance.
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14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or
within ninety (90) days after any earlier termination of the Agreement, remove its buildi.ng(s),
antenna structure(s) (except footings), equipment, conduits, fixtures and all personal property
and restore the Premises to its origi.nal condition, reasonable wear and tear and casualty damage
excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and
personal properry of LESSEE shall remain the personal property of LESSEE and LESSEE shall
have the right to remove the same at any time duri.ng the Term, whether or not said items are
considered fixtures and attachments to real property under applicable Laws (as defined in
Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after
termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the
existing monthly pro-rata basis if based upon a longer payment term, until such time as the
removal of the building, antenna structure, fixtures and all personal property are completed.
LESSOR expressly waives all rights of levy, distraint or execution with respect to LESSEE'S
property, including without limitation any statutory or common law security interest or landlord's
lien for rent.
15. HOLDOVER. LESSEE has no right to reta.in possession of the Premises or any part
thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the
Parties a.re negotiating a new lease or lease extension in good faith. In the event that the Parties
aze not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds
over in violation of Paragraph 14 and this Paragraph 15, then the rent then in effect payable from
and after the rime of the expira.tion or earlier removal period set forth in Paragra.ph 14 shall be
equal to the rent applicable during the month immediately preceding such expiration or earlier
terminarion.
16. ELECTRICAL SERVICE LESSEE shall install an electrical meter at the Premises
for the measurement of electrical power used by LESSEE'S operations pursuant to this
Agreement as well as its operations pursuant to the ATC Lease. LESSEE is responsible for
paying the costs of such electrical usage directly to the local utility provider. If it is determined
that LESSEE has consumed electrical service or other utilities which aze in addirion to those
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metered by LESSEE'S separate meter, LESSOR shall have the right to invoice LESSEE for any
such charges, which shall be in addition to the rent and other payments required to be made by
LESSEE under this Agreement. LESSOR will not be liable for a.ny intemiption or stoppage of
electrical service to the Premises or for any da.mage to persons or property resulting from that
intemiption or stoppage, unless caused by the negligence or willful misconduct of LESSOR, its
employees, servants or agents.
17. RIGHTS UPON SALE. Should LES50R, at any time during the Term decide (i) to
sell or transfer all or any part of the Properiy to a purchaser other than LESSEE, or (ii) to gant to
a third pa,rty by easement or other legal instrument an interest in and to that portion of the
Property occupied by LESSEE, or a larger portion thereof, for the purpose of opera.ting and
mainta.ining communications facilities or the management thereof, such sale or grant of an
easement or interest therein shall be under and subject to this Agreement and any such purchaser
or transferee shall recognize LESSEE'S rights hereunder under the terms of this Agreement. To
the extent that LESSOR grants to a third party by easement or other legal instrument an interest
in and to that portion of the Property occupied by LESSEE for the purpose of operating and
maintaining communications facilities or the management thereof and in conjunction therewith,
assigns this Agreement to said third party, LESSOR shall not be released from its obligations to
LES5EE under this Agreement, and LESSEE shall have the right to look to LESSOR and the
third party for the full performance of this Agreement.
18. QiJIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and
performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises.
19. T1TLE. LESSOR represents and wanants to LESSEE as of the execution date of
this Agreement, and covena.nts during the Term that LESSOR is seized of good and sufficient
title and interest to the Property and has full authority to enter into and execute this Agreement.
LESSOR further covenants during the Term that there are no liens, judgments or impediments of
title on the Property, or affecting LESSOR'S title to the same and that there are no covenants,
11
LESSEE Site I.D.: ATC E Tequesta 68691
easements or restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
20. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be bindi.ng upon either LESSOR or LESSEE
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 writi.ng 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 remain.i.ng 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 may be
lawful and authorized under this Agreement, in law or in equity.
21. GOVERNING LAW. This Agreement and the performance thereof shall be
govemed, interpreted, construed and regulated by the Laws of the State in which the Property is
located.
22. ASSIGNMENT; SUBLETTING. This Agreement may be sold, assigned or
transferred by LE5SEE without any approval or consent of LESSOR to LESSEE'S principal,
affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of
LESSEE'S assets in the market defined by the Federal Communications Commission in which
the Property is located by reason of a merger, acquisition or other business reorganization. As to
other parties, this Agreement may not be sold, assigned, subleased or transferred without the
written consent of LESSOR, which such consent will not be unreasonably withheld, delayed or
conditioned. No change of stock ownership, partnership interest or control of LESSEE or
transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment
hereunder.
12
LESSEE Site I.D.: ATC E Tequesta 68691
The sale, assignment, subletting or transferring of any rights or space conferred hereunder
in violation of the terms of this Paragraph 22 shall constitute a material breach of this Agreement
by LESSEE and LESSOR 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.
23. NOTICES. 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):
LESSOR: Village of Tequesta, Florida
345 Tequesta Drive
Tequesta, Florida 33469
LESSEE: Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actua.l receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representative, successors and assigns of the Parties hereto.
25. SUBORDINATION AND NON-DISTURBANCE. At LESSOR'S option, this
Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust
or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all
or part of the Property or right-of-way; provided, however, as a condition precedent to LESSEE
13
LESSEE Site I.D.: ATC E Tequesta 68691
being required to subordinate its interest in this Agreement to any future Mortgage covering the
Property, LESSOR shall obtain for LESSEE'S benefit a non-disturbance and attornment
agreement for LESSEE'S benefit in the form reasona.bly satisfactory to LESSEE, and containing
the terms described below (the "Non-Disturbance Agreement"), and shall recognize LESSEE's
right to remain in occupancy of and have access to the Premises as long as LESSEE is not in
default of this Agreement beyond applicable notice and cure periods. The Non-Disturbance
Agreement shall include the encumbering pariy's ("Lender's") agreement that, if Lender or its
successor-in-interest or any purchaser of Lender's or its successor's interest (a "Purchaser")
acquires an ownership interest in the Property, Lender or such successor-in-interest or Purchaser
will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR'S obligations under the
Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the
Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in
the subject loan (if any) and on all successors and assigns of Lender and/or its participants and
on all Purchasers. In return for such Non-Disturbance Agreement, LESSEE will execute an
agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinaxe
to the Mortgage or other real property interest in favor of Lender, (2) agrees to attom to Lender if
Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of
LESSOR'S defaults, provided such cure is completed within the deadline applicable to LESSOR.
In the event LESSOR defaults in the payment and/or other performance of any mortgage or other
real property interest encumbering the Property, LESSEE, may, at its sole option and without
obligation, cure or correct LESSOR'S default and upon doing so, LESSEE shall be subrogated to
any and all rights, titles, liens and equities of the holders of such mortgage or other real property
interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise
become due under this Agreement the sums paid by LESSEE to cure or conect such defaults.
26. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement
which LESSEE may record with the appropriate recording officer. The date set forth in the
Memora.ndum of Lease is for recording purposes only and bears no reference to commencement
of either the Term or rent payments.
14
LESSEE Site I.D.: ATC E Tequesta 68691
27. DEFAiTLT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, includi.ng the payment of rent, LESSOR
shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE
shall have fifteen (15) days in which to cure any monetary breach and thirry (30) days in which
to cure any non-monetary breach, provided LESSEE 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 LESSEE commences the cure within the thirty (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSOR may not
maintain any action or effect any remedies for default against LESSEE unless and until LESSEE
has failed to cure the breach within the time periods provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written
notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days
in which to cure any such breach, provided LESSOR 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 LESSOR commences the cure within the thirly (30) day period
and thereafter continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and unril
LESSOR has failed to cure the breach within the time periods provided in this Paragraph.
Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if
LESSOR fails, within ten (10) days after receipt of written notice of such breach, to perform an
�
obligation required to be performed by LESSOR if the failure to perform such an obligation
interferes with LESSEE'S ability to conduct its business on the Properly; provided, however,
that if the nature of LESSOR'S obligation is such that more than ten (10) days after such notice
is reasonably required for its performance, then it shall not be a default under this Agreement if
performance is commenced within such ten (10) day period and thereafter diligently pursued to
completion.
15
LESSEE Site I.D.: ATC E Tequesta 68691
28. REMEDIES. Upon a default, the non-defaulti.ng Party may at its option (but
without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting
Party's behalf, including but not limited to the obtai.ni.ng of reasonably required insurance
policies. The costs and expenses of any such performance by the non-defaulting Party shall be
due and payable by the defaulting Party upon invoice therefor. In the event of a default by either
Party with respect to a material provision of this Agreement, without limiting the non-defaulting
Party in the exercise of any right or remedy which the non-defaulting Party may have by reason
of such default, the non-defaulting Party may termi.nate the Agreement and/or pursue any remedy
now or hereafter available to the non-defaulti.ng Party under the Laws or judicial decisions of the
state in which the Premises are located; provided, however, LESSOR shall use reasona.ble efforts
to mitigate its da.mages in connection with a default by LESSEE. If LESSEE so performs any of
LESSOR'S obligations hereunder, the full amount of the reasonable and actual cost and expense
incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall
pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the
date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate
permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay
LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting
forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including
all accrued interest, due against all fees due and owi.ng to LESSOR until the full undisputed
amount, including all accrued interest, is fully reimbursed to LESSEE.
29. ENVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with any
and all environmental and industrial hygiene laws, including any regulations, guidelines,
standards, or policies of any governmental authorities regulati.ng or imposing standards of
liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or concerns as may now or at any time hereafter be in effect, that are or were in any
way related to activity now conducted in, on, or in any way related to the Property, unless such
conditions or concerns are caused by the specific activities of LESSEE in the Premises.
16
LESSEE Site I.D.: ATC E Tequesta 68691
b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and
assume all duties, responsibility and liability at LESSOR'S sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) failure to comply with
any environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-
compliance results from conditions caused by LESSEE; and b) any environmental or industrial
hygiene conditions arising out of or in any way related to the condition of the Property or
activities conducted thereon, unless such environmental conditions are caused by LESSEE.
Notwithstanding anything in this Agreement to the contrary, LESSOR'S liability shall be limited
by the statutory amounts set forth in Sec. 768.28, Florida Statutes, including the limits regarding
attomey's fees. Nothing contained in this Agreement shall be construed as a waiver of
LESSOR'S sovereign immunity beyond the waivers set forth in Sec. 768.28, Florida Statutes.
Nothing contained in this Agreement shall be construed as LESSOR'S consent to be sued.
30. CASUALTY. 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 followi.ng same or, if the
Properiy is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LESSEE'S operations at the Premises for more than forty-five (45) days, then LESSEE
may, at any time following such fire or other casualty, provided LESSOR has not completed the
restoration required to permit LESSEE to resume its operation at the Premises, termi.nate this
Agreement upon fifteen (15) da.ys prior written notice to LESSOR. Any such notice of
termination shall cause this Agreement to expire with the same force and effect as though the
da.te 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, the rent shall
17
LESSEE Site I.D.: ATC E Tequesta. 68691
abate during the period of repair following such fire or other casualty in proportion to the degree
to which LESSEE'S use of the Premises is impaired.
31. CONDEMNATION. In the event of any condemnation of all or any portion of the
Property, this Agreement shall termi.nate as to the part so taken as of the date the condemning
authority takes title or possession, whichever occurs first. If as a result of a partial condemnation
of the Premises or Property, LESSEE, in LESSEE'S sole discretion, is unable to use the
Premises for the purposes intended hereunder, or if such condemnation may reasonably be
expected to disrupt LESSEE'S operations at the Premises for more than forry-five (45) da.ys,
LESSEE may, at LESSEE'S option, to be exercised in writi.ng within fifteen (15) days after
LESSOR shall have given LESSEE written notice of such ta.king (or in the absence of such
notice, within fifteen (15) days after the condemning authority shall have ta.ken possession)
terminate this Agreement as of the date the condemning authority ta.kes such possession.
LESSEE may on its own behalf make a claim in any condemnation proceeding involving the
Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its
damages and losses (but not for the loss of its 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. If LESSEE does not terminate this Agreement in accordance
with the foregoing, this Agreement shall remain in full force and effect as to the portion of the
Premises remaining, except that the rent shall be reduced in the same proportion as the rentable
area of the Premises taken bears to the total rentable area of the Premises. In the event that this
Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repa.ir
any damage to the Premises caused by such condemning authority.
32. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease the Premises
and this Agreement becomes effective only upon the full execurion of this Agreement by the
Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement a.nd
18
LESSEE Site I.D.: ATC E Tequesta 68691
shall not invalidate the rema.ining provisions of this Agreement. Each of the Parties hereto
wa,rrants 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.
33. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in
compliance with all applicable laws, rules, regulations, ordi.nances, directives, covenants,
easements, zoni.ng and land use regulations, and restrictions of record, permits, buildi.ng codes,
and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect
or which may hereafter come into effect (including, without limitation, the Americans with
Disabilities Act and laws regulating haza.rdous substances) (collectively "Laws"). LESSEE
shall, in respect to the condition of the Premises and at LESSEE'S sole cost and expense, comply
with (a) all Laws relating solely to LESSEE'S specific and unique nature of use of the Premises
(other than general office use); and (b) all building codes requiring modifications to the Premises
due to the improvements being made by LESSEE in the Premises.
34. SURVNAL. The provisions of the Agreement relati.ng to indemnification from one
Party to the other Party 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.
35. CAPTIONS. 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.
IN WITNESS WHEREOF, the Parties hereto have set their hands and af6xed their respective seals
the day and year first above written.
LESSOR:
19
LESSEE Site I.D.: ATC E Tequesta 68691
WITNESS Village of Tequesta, Florida
BY:
Name: Name:
Title:
Date:
Name:
LESSEE:
Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
WITNESS
BY:
Name: Name: Aparna Khurjekar
Area Vice President Network
Date:
Name:
20
LESSEE Site I.D.: ATC E Tequesta 68691
Exhibit "A"
(Description of Premises and of Properly)
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4� eo�th. Raw�e 4� FP� P�.�,el 1ap41h Cot�ity BScsfda,
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21
LESSEE Site I.D.: ATC E Tequesta 68691
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22
LESSEE Site I.D.: ATC E Tequesta 68691
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23
LESSEE Site I.D.: ATC E Tequesta 68691
Exhibit "B"
(Site Sketch)
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AT&T b10B/U7Y UAUTY EA�MENT�' ful fNGRE55/EGRESS EASfMENT I
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24
LESSEE Site I.D.: ATC E Tequesta 68691
Exhibit "C"
(LESSEE's Survey)
(See Attached)
25
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I
Prepared By and Upon Recording, Retum to:
Nitin Datt, Esq.
c/o Maria Martella, Florida Registered Paralegal
Holland & Knight LLP
515 E. Las Olas Boulevard
Suite 1200
P.O. Boz 14070
Fort Lauderdale, Florida 33301
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
Lessee Site ID: ATC E Tequesta 6869]
MEMORANDUM OF LAND LEASE AGREEMENT
This MEMORANDUM OF LAND LEASE AGREEMENT ("Memorandum") is made
this day of , 20_, befinreen THE VILLAGE OF TEQUESTA,
FLORIDA , a Florida municipal corporation with its principal offices located at 345
Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as "LESSOR°, and
VERIZON WIRELESS PERSONAL COMMUNICATIONS LP d/b/a Verizon Wireless, a
Delaware limited partnership with its principal office located at One Verizon Way, Mail
Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter referred to as °LESSEE".
LESSOR and LESSEE are at times collecfively referred to hereinafter as the "Parties" or
individually as the "Party".
1. LESSOR and LESSEE entered into a Land Lease Agreement (the "Agreemen�')
on , 20 for an initial term of ten (10) years, commencing on
the Commencement Date (as defined below). The Agreement shall automatically
be extended for four (4) additional five (5) year terms unless the LESSEE
terminates it at the end of the then current term by giving the LESSOR written
notice of the intent to terminate at least six (6) months prior to the end of the then
current term. If at the end of the fourth (4th) five (5) year extension term the
Agreement has not been terminated by either Party by giving to the other written
notice of an intention to terminate it at least three (3) months prior to the end of
such term, the Agreement shall continue in force upon the same covenants,
terms and conditions for a further term of five (5) years and for five (5) year terms
1
thereafter until terminated by either Party by giving to the other written notice of
its intention to so terminate at least three (3) months prior to the end of such
term.
2. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
(the entirety of LESSOR's property is referred to hereinafter as the Property),
located at 136 Bridge Road, Tequesta, Florida 33469, and being described as a
28' by 25 ' parcel containing 700 square feet (the °Land Space"), together with
the non exclusive right (the "Rights of Way") for ingress and egress, seven (7)
days a week finrenty four (24) hours a day, on foot or motor vehicle, including
trucks over or along a finrenty (20) foot wide right of way extending from the
nearest public right of way, Bridge Road, to the Land Space, and for the
installation and maintenance of utility wires, poles, cables, conduits, and pipes
over, under, or along one or more rights of way from the Land Space.
LESSOR also grants to LESSEE a non-exclusive right for ingress and egress,
seven (7) days a week finrenty-four (24) hours a day on foot or motor vehicle,
including trucks, and for the installation and maintenance of utility wires, poles,
cables, conduits, and pipes over, under, along or across the Property to connect:
(1) the Premises to the AT&T Ground Space (as defined in the Agreement), (2)
the Rights of Way to the Premises, and (3) the Rights of Way to the AT&T
Ground Space (the "Easement"). The Land Space and Rights of Way, and the
Easement are hereinafter collectively referred to as the "Premises". The Land
Space and Rights of Way are more particularly described herein in Exhibit "A"
attached hereto and made a part hereof. The Property is likewise described
herein in Exhibit "A" attached hereto and made a part hereof. A site sketch
depicting the location of the tower and the Premises is attached hereto as Exhibit
�
3. The Commencement Date of the Agreement, of which this is a Memorandum, is
based upon the date LESSEE is granted a building permit by the govemmental
agency charged with issuing such permits, or the date of execution of the
Agreement by the Parties, whichever is later. In the event the date at which
LESSEE is granted a building permit or the date of execution of the Agreement,
whichever is applicable, falls befinreen the 1 st and 15th of the month, the
Agreement shall commence on the 1 st of that month and if such date falls
between the 16th and 31 st of the month, then the Agreement shall commence on
the 1st day of the following month (either the "Commencement Date°).
4. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or
any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a
third party by easement or other legal instrument an interest in and to that portion
of the Property occupied by LESSEE, or a larger portion thereof, for the purpose
2
of operating and maintaining communications facilities or the management
thereof, such sale or grant of an easement or interest therein shall be under and
subject to this Agreement and any such purchaser or transferee shall recognize
LESSEE'S rights hereunder under the terms of this Agreement. To the extent
that LESSOR grants to a third party by easement or other legal instrument an
interest in and to that portion of the Property occupied by LESSEE for the
purpose of operating and maintaining communications facilities or the
management thereof and in conjunction therewith, assigns this Agreement to
said third party, LESSOR shall not be released from its obligations to LESSEE
under this Agreement, and LESSEE shall have the right to look to LESSOR and
the third party for the full performance of this Agreement.
5. The terms, covenants and provisions of the Agreement, the terms of which are
hereby incorporated by reference into this Memorandum, shall extend to and be
binding upon the respective executors, administrators, heirs, successors and
assigns of LESSOR and LESSEE.
Remainder of Page Intentionally Blank
Signafure Page to Follow
3
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and
LESSEE have caused this Memorandum to be duly executed on the date first written
hereinabove.
LESSOR:
WTTNESS Village of Tequesta, Florida
BY:
Name: Name:
Title:
Date:
Name:
LESSEE:
Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
WITNESS
BY:
Name: Name: Aparna Khurjekar
Area Vice President Network
Date:
Name:
4
STATE OF FLORIDA )
) LESSOR ACKNOWLEDGMENT
COUNTY OF PALM BEACH )
I, , do hereby certify that personally
came before me this day and acknowledged that s/he is the of THE
VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation, and s/he, being
authorized to do so, executed the foregoing MEMORANDUM OF LAND LEASE
AGREEMENT as his/her own act and deed on behalf of THE VILLAGE OF
TEQUESTA, FLORIDA. He/She is personally known to me or has produced
as identification.
WITNESS my hand and official Notarial Seal, this day of , 20_.
Notary Public
My Commission Expires:
STATE OF NORTH CAROLINA )
) LESSEE ACKNOWLEDGMENT
COUNTY OF MECKLENBURG )
I, , do hereby certify that Aparna Khurjekar personally came
before me this day and acknowledged that she is the Area Vice President Network of
VERIZON WIRELESS PERSONAL COMMUNICATIONS LP d/b/a Verizon Wireless, a
Delaware limited partnership, and that she, as Area Vice President Network, being
authorized to do so, executed the foregoing MEMORANDUM OF LAND LEASE
AGREEMENT on behalf of VERIZON WIRELESS PERSONAL COMMUNICATIONS
LP d/b/a Verizon Wireless. She is personally known to me.
WITNESS my hand and official Notarial Seal, this day of , 20_.
Notary Public
My Commission Expires:
5
EXHIBIT A
(Description of Premises and of Property)
Description of Properry and Rights of Way:
�e �au#h 47�3.76 1��� �f #h� 'N�eu�t 25Q #�et ai� ffie Eask a�6�.�i i4et of the� Sauth+rwa�� c�i�q�uu�+�r
��Yf t f+�� ni� S�ct(on 34. Tayweush(p 4Q S��rth. 9i�ge 9�3 �a��t. �'aktn �eQ�h Gc��nnty. Flarida. � AN�
�G�'T tl��inam tho� p�ark�ov�e ttr�o� d��ed fn Sp��N V1�arr�ty �� �t�i�d 1[n d]�FF�c9�l R�r��
�[� 1f]�a3r8, �agn� 7�5, �nai Ir� S�r��1al `W�anty �e�d r�ee�°d�d irs 9nffis�ol Recards �oc�c 1�1�9. �c��
1539. f�utl� �t the �°�G6c �e�s�ds �f �al�n ����h P�u�ty�. �la�id�. 1� �w�er�t �or t�c,�rea� �d egr+eas
a� �r�ik�ci ir► �asaenen# Dead ba#�va�n �ttv ETNo�ta ant� li�dy 5t��u&um�ser, ,�r. flr�d ttu� F�AB�+� �f
'fequest+a. � dt�l�r incarpisrat�d �Ixtrida munf�eipal oorparatf�, �ated Septarnber 2t}� 7�7�. r�����d
�eptember �� 199� tn d�cFal I�ecord� Bt+ok s^9�31. �c�ge 1T85, a�s �n�de� �y Amendreient To E�as�m�ent
t�eed dated N�a�m��r 7. �997. r�rdled mecerrrber 3p, 1997, 6� g�ica�l Recard� ��Cc 10159. P�ic�e ��.
be�th o# the �ubl�i� 'R��r�� of Pr�l�ri �euch G�rtty, Fiorldo.
Description of Land Space:
,� p�c,�l �f lar�d �,�n� a�rar#6tut �f tha �outh 473.76 f��t af the We�t 25Q feet o� th� ���t �65.�
fee� �a1' #�e �a�#(hweat 1/4 af Seetlt�n 30, Towrt�h� 4� Svuth. Rcenge 43 Eaa#. Pal�xa B�ch �our�ty.
Fl�ida, sa6� �5r�sl mvre par#Eculorly de�cribed as i�ol�ows:
C�nm�e���q at � rnund concr�te rnonuam�re# ��tl� PaI� B�e�cln ��nty �detFe �ras� d6�c at th� �t�
1/4 c-�rrr�r o4 �a9d Sac#[cfl 3U. Rrsac� Saa�th BB' 57' �2" 1Yest along #h�� �th lin� ¢# tEao 5�'kFA�
1 f� af sa�� Sectime 30, o dla�an�:e Q� �4�,88 #ee# ta � po6�t faefn� diatant North �B` 57 4�" East,
919.26 f�t from � x�c�t �n eQrucr�te eurb markTng th�e Sou�w�s� c�e��r c� th�+ ��s� 46�.2E f�et QF
�afd SautHvrast ca�n�r afi �ctlan 30; th+�n�e dap+�ing �id wine. North 00' 28' Oa YVe�� a d�te�etc�
�f �.73 feet #s+ Eh�a �Q�NT �F ���I�WtNG: #h�r�ce Sauth 89' 45' 33" West a d�s#�e� 04' �5.[�f1 �'�a�
�h�nce kJ�th �}°' 14' �� W�� a dBs#��e �f 2�_�70 feet: t}��nce Nerth 8�` �5' 33 ���t a�d�tsm�
of �5��1� f�#; ��aenc� Scauth fib' T�#' ��" �c�at a distan�e of �8.a0 feet te, kBro� �'f�]I�T �� ���{VC+��G
�t�u�iFrr� � c��+ �af ,�pp sq��re fe�t.
6
EXHIBIT B
(Site Sketch)
(Lessee is referred to herein as "Verizon Wireless")
°4T&T AfOB/UTY 20' {NDE
AT&T MOBlL7Y f/AIJ7Y EASEblEN7y fpl lNCR£55/EGRE55 EAS�MENT �
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