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HomeMy WebLinkAboutAgreement_General_08/12/2014 (2) Prepared By and Upon Recording, Return to: Nitin Datt, Esq. c/o Maria Martella, Florida Registered Paralegal Holland & Knight LLP 515 E. Las Olas Boulevard Suite 1200 P.O. Box 14070 Fort Lauderdale, Florida 33301 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Lessee Site ID: Tequesta Flag Pole Tower, Site No. 68510 MEMORANDUM OF LAND AND TOWER LEASE AGREEMENT This MEMORANDUM OF LAND AND TOWER LEASE AGREEMENT ( "Memorandum ") is made this 1 day of �s� 20!y, between THE VILLAGE OF TEQUESTA, FLORIDA, a Florida m icipal 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 collectively referred to hereinafter as the "Parties" or individually as the "Party ". 1. LESSOR and LES EE entered into a Land and Tower Lease Agreement (the "Agreement ") on 12 , 20)1 for an initial term of five (5) years, commencing on the ommencement 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 1 five (5) year terms 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 901 Old Dixie Highway, Tequesta, Florida 33469, and being described as a three hundred (300) square foot parcel of ground space, including the existing equipment shed located thereon (the "Land Space "), together with the non exclusive right (the "Rights of Way ") for ingress and egress, seven (7) days a week twenty four (24) hours a day, on foot or motor vehicle, including trucks, over the Property extending from the nearest public right of way to the Land Space, as specified below, for the use and maintenance of the existing equipment shed, and for the installation, use and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along the Land Space. LESSOR also leases to LESSEE a portion of LESSOR'S existing communications tower (the "Tower") located on the Property, in order for LESSEE to erect, operate and maintain communications antennas thereon. The Land Space, Rights of Way, and Tower space leased to LESSEE are hereinafter referred to as the "Premises" and is more particularly described 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 equipment shed is attached hereto as Exhibit "B ". 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 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 building permit or the date of execution of the Agreement, whichever is applicable, falls between the 1st and 15th of the month, the Agreement shall commence on the 1st of that month and if such date falls between the 16th and 31st of the month, then the Agreement shall commence on the 1 st 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 or the Tower thereon 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 Tower and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or 2 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 Tower and /or 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. Nothing contained in this Paragraph 4 shall in any way impact LESSOR'S right to lease additional Tower space or additional ground space on the Property which does not interfere with LESSEE'S use of the Premises, including Tower space as described in Exhibit A. 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 Signature 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: WITNESS Village €Tequ sta Name: e: Title: o r' Date: —('9C—(Lk Name: l i LESSEE: Verizon Wireless Personal Communications LP d /b /a Verizon Wireless WITNESS BY: Name: A" Ti1�' Name: Aparna Khu ' kar Area Vice President Network Date: Nam 4 STATE OF FLORIDA ) LESSOR ACKNOWLEDGMENT COUNTY OF PALM BEACH ) I, bb RNWi11UM5 do hereby certify that R6 , 54d e( 8A(VN personally came before me this day and acknowledged that s /he is the 00 C)e- of THE VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation, and s /he, being authorized to do so, executed the foregoing MEMORANDUM OF LAND AND TOWER LEASE AGREEMENT as his /her own act eed on behalf of THE VILLAGE OF TEQUESTA, FLORIDA. He /She is ersonally known me or has produced as d I I (cation. WIT my han and off icial Notaria Seal, this I f X day of 1 2014 LORI MCWILLIAMS 61i. Notary Public - State of Florida My Comm. Expires Oct 18. 2016 -•' ''' Notary Public Commission # EE 217256 Bonded Through National Notary Assn. My Co m issi on STATE OF NORTH CAROLINA ) LESSEE ACKNOWLEDGMENT COUNTY OF MECKLENBURG ) I, Ma, 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 AND TOWER 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, thiQ day of J_ . , 20 6 - . N tary Pu lic My Commission Expires: ht `�a°RJF �,.KJSZ, NOT B"UC MECh1 ISURG COt I N N6RTH cAR93'ix A CO�AMJ,�S90N EXPIRES 5Ari ``'P 5 EXHIBIT A (Description of Premises and of Property) (Lessee is referred to in this Exhibit as "Verizon Wireless ") Description of Property: The South 600.79 feet (measured at right angles to the South line thereof), of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, lying East of the Easterly Right of Way line of Old Dixie Highway as described in Order of Taking recorded in Official Records Book 6548, Page 1319, of the Public Records of Palm Beach County, Florida. Description of Land Space: A parcel of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, sold parcel more particularly described as follows: COMMENCING at the Southeast corner of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing last said line, North 00' 02' 57" East a distance of 412.56 feet to the POINT OF BEGINNING; thence North 35' 27' 46" West a distance of 25.00 feet; thence North 54' 32' 14" East a distance of 12.00 feet; thence South 35' 27' 46" East a distance of 25.00 feet; thence South 54' 32' 14" West a distance of 12.00 feet to the POINT OF BEGINNING. Containing on area of 300 square feet. Description of Rights of Way: DESCRIPTION OF VERIZON WIRELESS GROUND RING EASEMENT A 3.00 foot wide strip of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, said parcel more particularly described as follows: COMMENCING at the Southeast corner of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing lost said line, North 00' 02' 57" East a distance of 412.56 feet; thence South 09' 32' 14" West a distance of 4.24 feet to the POINT OF BEGINNING; thence North 35' 27' 46" West a distance of 31.00 feet; thence North 54' 32' 14" East a distance of 18.00 feet; thence South 35' 27' 46" East a distance of 31.00 feet; thence South 54' 32' 14" West a distance of 18.00 feet to the POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: A parcel of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, said parcel more particularly described as follows: COMMENCING at the Southeast corner of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing last said line, North 00' 02' 57" East a distance of 412.56 feet to the POINT OF BEGINNING; thence North 35' 27' 46" West a distance of 25.00 feet; thence North 54' 32' 14" East a distance of 12.00 feet; thence South 35' 27' 46" East a distance of 25.00 feet; thence South 54' 32' 14" West a distance of 12.00 feet to the POINT OF BEGINNING. Said 3.00 foot wide strip containing a net area of 258 square feet. 6 DESCRIPTION OF VERIZON WIRELESS STOOP EASEMENT A parcel of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, sold parcel more particularly described as follows: COMMENCING at the Southeast corner of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing lost said line, North 00' 02' 57" East a distance of 412.56 feet; thence North 54' 32' 14" East a distance of 12.00 feet; thence North 35' 27' 46" West a distance of 19.49 feet to the POINT OF BEGINNING; thence continue North 35' 27' 46" West a distance of 4.00 feet; thence North 54' 32' 14" East a distance of 3.75 feet; thence South 35' 27' 46" East a distance of 4.00 feet; thence South 54' 32' 14" West a distance of 3.75 feet to the POINT OF BEGINNING. Containing an area of 15 square feet. DESCRIPTION OF VERIZON WRELESS 3' ICE BRIDGE EASEMENT A 3.00 foot wide strip of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, the sidelines of said strip lying 1.50 feet on each side of the following described centerline; COMMENCING at the Southeast corner of sold Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing last sold line, North 00' 02' 57" East a distance of 412.56 feet; thence North 54' 32' 14" East a distance of 12.00 feet; thence North 35' 27' 46" West a distance of 5.51 feet to the POINT OF BEGINNING of the herein described centerline; thence North 56' 10' 32" East a distance of 4.81 feet to the POINT OF TERMINATION of the herein described centerline. The sidelines of said strip to be extended or trimmed, as necessary, to form one contiguous shape and to meet a bearing of North 35' 27' 46" West at the Point of Beginning. Containing on area of 14.4 square feet, more or less. In addition to the above, Lessee shall have non - exclusive access and utility rights across the Property as necessary to connect the Premises to the nearest public right of way. Tower Space: Space at the 105' level on the Tower 7 EXHIBIT B (Site Sketch) (See attached) 8 D MN P Es APPLiCANi OWNER: X EX6TMF E1EYAttM (SEE SURfE» t. REYO EXAMS YEGETABON D B EEMS. OROAMC AIM )ELEIERIW4 PATERIM3 MW MW ARE USE BY COW'OUIM .0 DRIVEWAY ROW D PROPOSED ELEVATION (MAW 663 Z TEMAI WLL K AU WED. CLEANSAND i� M E ML BE FREE M ALL UM- APPR EDR RS TE 9 ER. U ME S bAPPROVE 1 S SHALL BE CObPACTED TLT 95fE W l9VE MMIW DRY DENSITY bWf1EpPROtT W 70 A�YM W OF 2 MT THE BOTRb1 OF ALL FODTMGS uNMMI 2600 f+SF BEAMNG CAPA W M BE REWREO. ✓ N / 1].9 EfnSTWG FLEVADON CONTOUR IN%W XX) fferi �/lWUEiBSs _ � EIEVABDN LDNlOI1N fH%YD XYJ PRMOGED RApO EGUPIE.NT MID NITENNAS TO BE PROL BY VEM20N M VXM Nw — L A PROMS M CONTRACTOR TO COPBMI 1= M1. CAKE -StmR 0 1. 20 b 40 5. TTT A A ATO ROAD, DA S fic . 1 ND ITSD M APPROVED EOWVALWT. TIE WO E%iS.NO LOCK AS N 0. MSTALL 5/16' /� BOCA BATON, FLORIBA 73431 .ALVAMZEO C PMY a BMAT TO K O9TAME0 FRCP VT W AM:IESS SCALE M FEET ( AS Z SM 5 L PROJECT NAME AND LOCATION: PR08CT LOCATE. M FLODD IX 'C'. AREAS . OF flO.OPC. PER PER %\ i . 5 22 % 3t SIZE) fTRP CWYUWtt PANEL ND —Ml— DATE. OCiDBER 15, i963 E EC NT ON ,' = t.' (1i' % iT 4L') TEBUESTA FLAG POLE VERIZON SITE #68510 901 N. OLD DIXIE HIGHWAY TEQUESTA, FLORIDA 33469 jj'' \ PROJECT ENGINEER SSEE 3' NON -E%C SF) EA�PENT m B , (} ` ®WAYPOINT E%IS1M0 ICE BRMCE ' ' X 4' D BY KRRON '( PROPOSED t' % t• E ICREIE J� STOOP e1TMN LESSEE t' X I < Hp+E%CI.USVE EASEA4lT —W. N f6fiGAi ROAE, LENTLLC j , {v M— YE BRIDGE �i 6EOW.RI E�NISYW GN P. Ml W 1 < J J I/ 1 • I �9 -+2Y. ' i FL0FVEACA#MM ENGINEE �/j ; // Exmrw ,arc PucPU.e TDRER \ .e 'S� ti • O.y i „• -e• % zr Flo. 51587 j / SHCl.1ER ACQUIRED ) s * �. /J BY VEMZCN i / ExMBNC ICE BROCE LESSEE PROPO3;5) 2' % 25' LEAS AI6J. (300 SF) ,\ /j% Jr !,, ,. EMSONG CIXNPPLNT ON `e STATE�kf= 1 I l / J / f :. c.NCRETE sue \. RUSMS LESSEE PRWOSEU 3' IMII E%CU]SYE �, 1 • ( 1 - vT(\ 9 GRCUAD BRIG AND HVAC UM)S CAyEPENT � � � l�l 'I .. - S+' • _,. � DATE •^� ~• ~' \��\\ / � APRIL 21.20 I�I�lllt�� ISSUED FOR r J1� / j ( l 4 ', l .. ' CONSTRUCTION PLANS —C U (T n SUBMITTALS 1 /1 /j r !i \ gR P EA RC REV. DATE DESCRIPTION j l r�j 1 , 1 , / r l ( l ! r ) , ) jl ( !f // Ji � W ' 1 ll j j ' FM i ',� J J 1 J X / NG PAWL I EIBS� / �G 5'ERNCE fft E%ISTNG PRWOa'T. A —Z. OESCI Gfi1QtATg2 ( \ \\ bE%10. GENERATOR 10 BE REPO,£.). YAMIAM LITIARM \ i0' SEPARRTNM BETMEEM EXRAUSi ARD ANY HVAC UTA15 l �r PROPDSEO LESSEE s• - % N• EXS,NG coNa+E,E � � yr` PROJECT NUMBER GENERA— — FOR DIESEL GENERAIDR, M 6' -Y % i • / LEASE AREA SEE DETAIL MT FM PAD OETMIS � / L201403 -05 DRAWN BY CHECKED APPROVED )� )CIE RGM APPROVING AGENCY 'ALLAGEOFTEOUESTA, FLORIDA BUILDING CODE WRS 2010 FLORIDA BUILDING CODE 8EFf3ORE 0RE Y SHEIT TITLE SITE PLAN SHEET NUMBER PROPOSED SITE PLAN -VZW TEOUESTA FLAG POLE, 901 N. OLD DIXIE HIGHWAY, TEQUESTA, FLORIDA 33469 qp C'1 WE — BASED CN SURVEY FRONDED BY MMAN B. ZETIR AW ASSOVATES NORTH Lessee Site ID: Tequesta Flag Pole Tower, Site No 68510 FLORIDA SALES TAX EXEMPTION CERTIFICATE VERIZON WIRELESS PERSONAL COMMUNICATIONS LP d /b /a VERIZON WIRELESS, a Delaware limited partnership ( "Lessee "), hereby certifies to THE VILLAGE OF TEQUESTA, FLORIDA, a Florida municipal corporation, ( "Lessor ") that the premises subject to that certain Land and Tower Lease Agreement, dated , 20_, between Lessor and Lessee, is to be used for the placement of towers, antennas, cables, accessory structures, or equipment used in providing cellular communications services, personal communications services, paging services, specialized mobile radio services, or some other form of mobile one -way or two -way communications services. The undersigned understands that when any person fraudulently, for the purpose of evading tax, issues to a vendor, or to any agent of the state, a certificate or statement in writing in which he or she claims exemption from the sales tax, such person, in addition to being liable for payments of the tax plus a mandatory penalty of 200% of the tax, shall be liable for fine and punishment provided by law for conviction of a felony of the third degree, as provided in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. Verizon Wireless Personal Communications LP d /b /a Verizon Wireless 80 -00- 007049 -66 -0 Lessee Name (Print) Florida Sales Tax Certificate # 0000403046 KNLF230 — Miami -Fort Lauderdale Florida Communications Tax # FCC License Number (market= MTAO151 Antennas /Equipment used to provide (check one): Cellular ESMR X PCS Paging Signature of authorized re esentative Date Aparna Khurjekar 75- 2681333 Print name of authorized representative Federal Tax I.D. Number Area Vice President Network 908 - 306 -7000 Title of authorized representative Telephone Number #20256790_v5 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 LAND AND TOWER LEASE AGREEMENT This Agreement, made this / Z day of ' 7 , 2014, between The Village of Tequesta, Florida, a municipal corporation ith its principal offices located at 345 Tequesta Drive, Tequesta, Florida 33469, hereinafter designated 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 4AW 100, Basking Ridge, New Jersey 07920 (telephone number 866 - 862 - 4404), hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party ". WHEREAS, LESSOR owns the Property located at 901 Old Dixie Highway, Tequesta, Florida 33469 which contains, among other things, an existing equipment shed and a communications tower; and WHEREAS, LESSEE desires to lease ground space comprised of portions of LESSOR'S property located at 901 Old Dixie Highway, Tequesta, Florida 33469, including the existing equipment shed, as well as space on the communications tower, from LESSOR in connection with the provisions of communications services. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. PREMISES AND TOWER SPACE 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 901 N. Old Dixie Highway, Tequesta, Florida 33469, and being described as a three hundred (300) square foot parcel of ground space, including the existing equipment shed located thereon (the "Land Space "), together with the non - exclusive right (the "Rights of Way ") for ingress and egress, seven (7) days a week twenty -four (24) hours a day, on 1 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 foot or motor vehicle, including trucks, over the Property extending from the nearest public right -of -way to the Land Space, as specified below, for the use and maintenance of the existing equipment shed, and for the installation, use and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along the Land Space. LESSOR also leases to LESSEE a portion of LESSOR'S existing communications tower (the "Tower ") located on the Property, in order for LESSEE to erect, operate and maintain communications antennas thereon. LESSEE shall have the right to locate up to six (6) antennas on the Tower. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge and agree that Exhibit B (as is hereafter defined) depicts the exact location of LESSEE's initial installation of three (3) antennas on the Tower space, but that the exact location of the entirety of the Tower space as may be used for up to three (3) future antennas may not be shown on Exhibit B but is nonetheless included in leased Tower space. LESSEE may install up to three (3) additional antennas, at approximately the same height levels identified in Exhibit B, for a total of six (6) antennas upon subsequent application to LESSOR for same, as specified in Paragraph 9 below. Notwithstanding anything contained herein, LESSOR shall maintain exclusive ownership of the Tower and has the exclusive right to rent, lease or license all other space on the Tower to third parties and to collect the rent from any such leases or licenses. The Land Space, Rights of Way, and Tower space leased to LESSEE are hereinafter referred to as the "Premises" and is more particularly described 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, LESSEE'S antennas thereon, and the equipment shelter is attached hereto as Exhibit "B". 2. ACCESS LESSEE shall have access to Premises seven (7) days a week twenty - four (24) hours a day. Notwithstanding the foregoing, LESSEE shall give LESSOR'S plant operator 24 hours advance notice prior to accessing the Tower at (561) -575 -6235 during business hours (8:00 a.m. - 5:00 p.m. Monday through Friday), and (561)- 262 -4326 after hours, except in the case of an emergency. LESSEE shall comply with all reasonable security procedures established by LESSOR to prevent unauthorized access to the Premises and the Property 2 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 generally. LESSOR and LESSEE shall each designate emergency contact personnel to notify in case of an emergency requiring access to the Premises. LESSOR reserves the right to enter the Premises at any time to visually inspect the Premises and/or Tower or to show the Premises and /or Tower to prospective licensees, lenders, or purchasers. 3. 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 shall 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 borne by LESSEE. 4. TERM, RENTAL This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due annually at a rental of Thirty Six Thousand and 00 /100 Dollars ($36,000.00) to be paid on the Commencement Date, and each annual anniversary of the Commencement Date, 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) days in advance of any rental payment date by notice given in accordance with Paragraph 24 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 building permit or the date of execution of the Agreement, whichever is applicable, falls between the 1 St and 15 of the month, the Agreement shall commence on the 1 St of that month and if such date falls between the 16 and 31 of the month, then the Agreement shall commence on the 1 St 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 thirty (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 first annual rental payment by February 1. 3 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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, certain documentation (the "Rental Documentation ") evidencing LESSOR's interest in, and right to receive payments under, this Agreement, including without limitation: (i) 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 Internal Revenue Service Form W -9, or equivalent, in a form acceptable 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 rental 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 acceptable to LESSEE. The Rental Documentation shall be provided to LESSEE in accordance with the provisions of and at the address given in Paragraph 24. 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 within thirty (30) days of a written request from LESSEE, any assignee(s) or transferee(s) of LESSOR agrees to provide updated 4 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 Rental 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 notwithstanding 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 LESSEE due to the absence of Rental 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 forty -five (45) days of the delivery of Rental Documentation to LESSEE. 5. EXTENSIONS This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates 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. 6. EXTENSION RENTALS For purposes of this Paragraph 5, a "Lease Year" shall be defined as the twelve -month period which commences on the Commencement Date or annual anniversary thereof, as applicable, and end on the day immediately preceding the next successive anniversary of the Commencement Date. 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 the greater of : (i) an amount equal to four percent (4 %) of the monthly rental fee due for the immediately preceding Lease Year, or (ii) an increase determined by a formula as follows: Renewal Rent = (Basic Rent) +((IR- IL) /IL X Basic Rent) Definitions: IR is the Consumer Price Index for the month which is three (3) months immediately 5 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 preceding the month in which the second Lease Year and each succeeding Lease Year commence. IL is the Consumer Price Index for the month which is three 3 months immediately preceding the month in which this Agreement commenced. "Consumer Price Index" shall mean the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor for Urban Wage Earners and Clerical Workers for All Items (CPI W) U.S. City average or shall mean the successor thereto. In the event the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of the rent for the second Lease Year and each succeeding Lease Year shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics, or if the Bureau should fail to publish the same, then with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by any nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published and there is no successor thereto, such other index as LESSOR and LESSEE may agree upon shall be substituted for the Consumer Price Index, and if they are unable to agree, then such matter shall be submitted to arbitration in accordance with the then existing commercial rules of arbitration of the American Arbitration Association at the American Arbitration Association office nearest the LESSEE. 7. ADDITIONAL EXTENSIONS If at the end of the fourth (4th) five (5) year extension term this 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, 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 6 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 giving 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 additional five (5) year term shall be calculated pursuant to Paragraph 6 above. The initial term and all extensions shall be collectively referred to herein as the "Term ". 8. TAXES LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which LESSOR demonstrates is the result of LESSEE'S use of the Premises and /or the installation, 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 Property is located), including any increase in real estate 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 imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding the foregoing, LESSEE shall 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 determination 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 estate taxes, assessments, or charges 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 tax 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 taxes 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 7 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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. 9. 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 tear 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 completion in accordance with the plans, specifications and issued permits. Any damage caused to the Property, 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 normal wear and tear and casualty damage. LESSEE shall, prior to any use of the Premises, relocate the existing generator located on the Premises to a location depicted in Exhibit B or any location mutually agreed upon between the parties. LESSEE shall have the right to replace, repair, or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. With respect to Lessee's ground space, the equipment specified in Exhibit B may be repaired, replaced or added to by Lessee without Lessor's consent, provided Lessee does not use any space beyond that which is designated in Section 1(c) above. However, with respect to LESSEE space on the Tower, LESSEE shall not at any time construct or install any additional antennas or equipment or make any improvements, additions, modifications or alterations other than those approved by LESSOR, without the written consent of LESSOR, which will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, LESSEE acknowledges that the appearance of the Tower and its compatibility 8 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 with the surrounding areas is a significant and major concern of LESSOR. The equipment shelter shall be landscaped, fenced and secured by, and at the sole expense of, the LESSEE using an eight foot high security fence and vegetation approved by the LESSOR. LESSOR grants LESSEE any additional ground space necessary to comply with the landscaping, fencing and security requirements above. Additionally, LESSOR shall have the sole and exclusive discretion to approve or deny a request for the installation of additional equipment and /or antennas located on LESSEE's Tower space, based solely on aesthetics. 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 structure or appearance of the Premises or Tower. Whenever LESSEE desires to make alterations, improvements, modifications, additions or other changes to the equipment or antennae on LESSEE's Tower space, designated on Exhibit B, then LESSEE, prior to making said changes, shall provide LESSOR with plans and specifications which fully describe the equipment and /or antennae to be installed. The plans and specifications shall be reviewed by LESSOR and approved prior to the commencement of any proposed changes or improvements. After LESSOR'S approval of the plans and specifications, an updated Exhibit B to this Agreement shall be prepared by LESSEE and signed by both LESSOR and LESSEE; thereafter, LESSOR and LESSEE shall amend the Agreement to substitute the updated Exhibit B for the prior Exhibit B. 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 "Governmental Approvals ") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit LESSEE use of the Premises as set forth above 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 Property, including the Premises, 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 9 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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 or structural analysis is unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines 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 requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, 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. 10. INDEMNIFICATION Each 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 Party, its employees, contractors or agents, except to the extent such claims or damages 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, Florida Statutes, including the limits 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, Florida Statutes. Nothing contained in this Agreement shall be construed as LESSOR'S consent to be sued. 11. INSURANCE LESSOR shall, at its own cost and expense, maintain broad form property insurance of at least One Million Dollars ($1,000,000.00). At its 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. 10 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 12. LIMITATION OF LIABILITY Except for indemnification pursuant to Paragraphs 10 and 30, 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 data, or interruption or loss of use of service, even if advised of the possibility of such damages, 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 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, Florida Statutes. Nothing contained in this Agreement shall be construed as LESSOR'S consent to be sued. 13. 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. 14. INTERFERENCE LESSEE agrees to install equipment 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 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 writing of such interference, LESSEE will take 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 11 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 the interference issue. LESSOR agrees that LESSOR and /or any other tenants of the Property who currently have or in the future take possession of the Property 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. 15. TOWER COMPLIANCE LESSOR covenants that it will keep the Tower in good repair as required by all Laws (as defined in Paragraph 35 below). The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs including maintenance the LESSEE may make the repairs and the costs thereof shall be payable to the LESSEE by the LESSOR on demand together 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. If the LESSOR does not make payment to the LESSEE within ten (10) days after such demand, the LESSEE shall have the right to deduct the costs of the repairs from the succeeding monthly rental amounts normally due from the LESSEE to the LESSOR. No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. Not later than fifteen (15) days following the execution of this Agreement, LESSOR shall supply to LESSEE copies of all structural analysis reports that have been done, if any, with 12 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 respect to the Tower and throughout the Term, LESSOR shall supply to LESSEE copies of all structural analysis reports that are done with respect to the Tower promptly after the completion of the same. 16. 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 building(s), antennas, equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. The existing equipment shed is the property of LESSOR and shall not be removed except with the express written consent of LESSOR. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 35 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. 17. HOLDOVER LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 16 and this Paragraph 17, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 16 shall be equal to the rent applicable during the month immediately preceding such expiration or earlier termination. 13 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 18. ELECTRICAL SERVICE LESSEE shall install an electrical meter at the Premises for the measurement of electrical power used by LESSEE'S operations. 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 are in addition to those 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 any interruption or stoppage of electrical service to the Premises or for any damage to persons or property resulting from that interruption or stoppage, unless caused by the negligence or willful misconduct of LESSOR, its employees, servants or agents. 19. RIGHTS UPON SALE Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Tower thereon 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 Tower and or Property occupied by LESSEE, or a larger portion thereof, for the purpose 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 Tower and /or 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. Nothing contained in this Paragraph 18 shall in any way impact LESSOR'S right to lease additional Tower space or additional ground space on the Property which does not interfere with LESSEE'S use of the Premises, including Tower space as described in Paragraph 1. 14 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 20. QUIET ENJOYMENT LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 21. TITLE LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants 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, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 22. 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 binding 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 writing signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 23. GOVERNING LAW This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 24. ASSIGNMENT, SUBLETTING This Agreement may be sold, assigned or transferred by LESSEE without any approval or consent of LESSOR to LESSEE's principal, 15 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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. The parties expressly understand and agree that LESSOR shall have the sole and exclusive right to lease additional space on the Tower and on the Property for the installation of additional antennas, cables and equipment. All rent or other compensation derived from the rent of additional Tower and /or Property space shall belong exclusively to LESSOR, and LESSEE shall have no rights or claims to any such revenues. The sale, assignment, subletting or transferring of any rights or space conferred hereunder in violation of the terms of this Paragraph 23 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. 25. 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): 16 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 LESSOR: Village of Tequesta, Florida 345 Tequesta Drive Tequesta, Florida 33469 Attention: Village Manager 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 actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 26. SUCCESSORS This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 27. 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; provided, however, as a condition precedent to LESSEE 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 reasonably 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 party'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 17 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn 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 correct such defaults. 28. 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 Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 29. DEFAULT 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, including 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 thirty (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 18 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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 thirty (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 until 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 Property; 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. 30. REMEDIES Upon a default, the non - defaulting 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 obtaining 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 terminate the Agreement and /or pursue any remedy now or hereafter available to the non - defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages 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 19 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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 owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 31. 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 regulating 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 Tower or Property, unless such conditions or concerns are caused by the specific activities of LESSEE in the Premises. 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 Tower or 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 20 I I i LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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, Florida Statutes. Nothing contained in this Agreement shall be construed as LESSOR'S consent to be sued. 32. CASUALTY. In the event of damage by fire or other casualty to the Tower or Premises that cannot reasonably be expected to be repaired within forty -five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt 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, terminate this Agreement upon fifteen (15) days 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 date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall 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. 33. CONDEMNATION In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate 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 Tower, 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 forty -five (45) days, LESSEE may, at LESSEE'S option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the 21 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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 repair any damage to the Premises caused by such condemning authority. 34. 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 execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 35. APPLICABLE LAWS During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building 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 hazardous substances) (collectively "Laws "). LESSEE shall, in respect to the condition of the Premises and 22 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 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. 36. SURVIVAL The provisions of the Agreement relating 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. 37. 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. 23 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: WITNESS Village equesta, Floridep Name: �3,,. �,/ 1 � .�,,, ain f rYl`► Title: f Date: ilk Name: LOA M 4AW1 4,ftj LESSEE: Verizon Wireless Personal Communications LP d /b /a Verizon Wireless WITNESS BY: Name: A/ A Name: Aparna Khurjek Area Vice President Network ej L O - 7 — Date: ` . -ft . �y Na 24 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 Exhibit " A " (Description of Premises and of Property) (Lessee is referred to in this Exhibit as "Verizon Wireless ") Description of Property: The South 600.79 feet (measured at right angles to the South line thereof), of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, lying East of the Easterly Right of Way line of Old Dixie Highway as described in Order of Taking recorded in Official Records Book 6548, Page 1319, of the Public Records of Palm Beach County, Florida. Description of Land Space: A parcel of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, said parcel more particularly described as follows: COMMENCING at the Southeast corner of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing last said line, North 00' 02' 57" East a distance of 412.56 feet to the POINT OF BEGINNING; thence North 35' 27' 46" West a distance of 25.00 feet; thence North 54' 32' 14" East a distance of 12.00 feet; thence South 35' 27' 46" East a distance of 25.00 feet; thence South 54' 32' 14" West o distance of 12.00 feet to the POINT OF BEGINNING. Containing an area of 300 square feet. Description of Rights of Way: DESCRIPTION OF VERIZON WIRELESS GROUND RING EASEMENT A 3.00 foot wide strip of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, said parcel more particularly described as follows: COMMENCING at the Southeast corner of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of sold Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence deporting last said line, North 00' 02' 57" East a distance of 412.56 feet; thence South 09' 32' 14" West a distance of 4.24 feet to the POINT OF BEGINNING; thence North 35' 27' 46" West a distance of 31.00 feet; thence North 54' 32' 14" East a distance of 18.00 feet; thence South 35' 27' 46" East a distance of 31.00 feet; thence South 54' 32' 14" West a distance of 18.00 feet to the POINT OF BEGINNING, LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL - A parcel of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, said parcel more particularly described as follows: COMMENCING at the Southeast comer of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing last said line, North 00' 02' 57" East a distance of 412.56 feet to the POINT OF BEGINNING; thence North 35' 27' 46" West a distance of 25.00 feet; thence North 54' 32' 14" East a distance of 12.00 feet; thence South 35' 27' 46" East a distance of 25.00 feet; thence South 54' 32' 14" West a distance of 12.00 feet to the POINT OF BEGINNING. Said 3.00 foot wide strip containing a net area of 258 square feet. 25 LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 DESCRIPTION OF VERIZON WIRELESS STOOP EASEMENT A parcel of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, sold parcel more particularly described as follows: COMMENCING at the Southeast comer of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of sold Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing last said line, North 00' 02' 57" East a distance of 412.56 feet; thence North 54' 32' 14" East a distance of 12.00 feet; thence North 35' 27' 46" West a distance of 19.49 feet to the POINT OF BEGINNING; thence continue North 35' 27' 46" West o distance of 4.00 feet; thence North 54' 32' 14" East a distance of 3.75 feet; thence South 35' 27' 46" East a distance of 4.00 feet; thence South 54' 32' 14" West a distance of 3.75 feet to the POINT OF BEGINNING. Containing on area of 15 square feet. DESCRIPTION OF VERIZON WIRELESS 3' ICE BRIDGE EASEMENT A 3.00 foot wide strip of land being a portion of the South 600.79 feet of the Northwest 1/4 of the Northwest 1/4 of Section 30, Township 40 South. Range 43 East, Palm Beach County, Florida, the sidelines of said strip lying 1.50 feet on each side of the following described centerline: COMMENCING at the Southeast corner of said Northwest 1/4 of the Northwest 1/4 of Section 30, proceed North 89' 57' 03" West along the South line of said Northwest 1/4 of the Northwest 1/4 a distance of 230.56 feet; thence departing lost said line, North 00' 02' 57" East a distance of 412.56 feet; thence North 54' 32' 14" East a distance of 12.00 feet; thence North 35' 27' 46" West a distance of 5.51 feet to the POINT OF BEGINNING of the herein described centerline; thence North 56' 10' 32" East a distance of 4.81 feet to the POINT OF TERMINATION of the herein described centerline. The sidelines of said strip to be extended or trimmed, as necessary, to form one contiguous shape and to meet a bearing of North 35' 27' 46" West of the Point of Beginning. Containing an area of 14.4 square feet, more or less. In addition to the above, Lessee shall have non - exclusive access and utility rights across the Property as necessary to connect the Premises to the nearest public right of way. Tower Space: Space at the 105' level on the Tower, as depicted in Exhibit B attached hereto. 26 LESSEE Site I.D.: Tequesta Flag Pole, Site No. 68510 Exhibit "B" Lessee may be referred to herein as "Verizon" (Site Sketch) (See Attached) 27 ®H1YON s3lrXassY axY zlrm 'e mnroe. 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ST - y LESSEE Site I.D.: Tequesta Flag Pole Tower, Site No. 68510 Exhibit "C" (LESSEE'S Survey) (LESSEE is referred to in this depiction as "Verizon Wireless ") (See Attached) 28 ® 'Z �1y P19� \ •. .4 . � p'.e:eLt P 3:S'.?bYS / �$. as ;aP' '. ZpI \' "%, ` ' Centro of Tus cuMMa,ex N O ♦lw d ♦ s1l10P PASWENT,. " \ NAD 1983 28' 58' Os.18 N. .G J W' 0.5' 2J.42 W Long. 113+ 4 °A°� � :{1hh nM1,h q \\ ,a sa ri .•. `ip �;` � ° f. ° 1P .. xAO 1s1a: �' a »' w.a' W � PARENT MALT � � Y� �' e`' ( °" = • 4 ° ° ,/ a �'*� Top of raaA It ba11 d laxw: s ,roue ��,�1elr 9MT VERIZON WIRELESS n r, /,T• �y'P� u �; dd 9'' s `*• ,b d.atNn = no• raw •aa ' ,� LEASE PARCEL �y o o '9• �' 4 o E 9S2B2398 NAD 83 90 1 PMCE.S k 5 WI HERE1�55 Q '4�" 1 Pi1 �(� 1/ • i.��T` ), �♦rNp(�fiSEYBIi 1 ^ 4. � / P,VI'' $ `G °a OEaSDEff T � q . d (F,aSE'PAMLEi \ g 1 'I� ' r r. I �! \ j, •` Ep / ♦ \ @4 g ..K �OS ids y � ?� ♦ $�� f v�/ rc�' f { �� A �0,32E 'off \ ♦ , r �' r �� 1 !! 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I S a 3 1 DESCRIPTION OF VERIZON WIRELESS LEASE PARCEL DESCRIPTION OF PARENT TRACT i C .ea op- i .1 P ee lend beta R a vwN. ar M= sets 800.79 feet er ,M N«MAVt 1/1 ar 1 Nw,nxat 1/11 ar s «use w. �a awnMi 40 SuM. unge 43 Een, Pdm ch omfy, ibitlo, Bold Pwcel ndu Parliwbrly dexrNwi oe tdllwe: MSgiN11011 AS PR03f0F0 BY gJW1 1 �4. qs'- P ``4 CCYN[NCING at its -.t 1 1 -1 a 27' E urmr of wN NorthwW 1I4 of its Nort - 1/1 of Sactbn Jo, pocrcd NwU 09' Tw -a 600.]9 bel ((meawxetl al nghl angle to Me SuU INe Mwae. d 1 {� 'P 57'03' Wal ohng Ms SouM Iha of ald Nadhwal 1/4 d ihs NwUweat 1/4 Nw a tlbluu of 230.58 fee,; Menu Me lM1wat 0uwtw (NN 1 /1) of tM NoMenl Ouartw (NW 1 /4) of 511fbn dapwthg loaf .dd ihro. NortM1 00' DV 57• Eat a dbtome of 412.56 het lv lM1< PANT BE(Y=AdRtG: Mace 311, ioaYNp w Sutlh Ra qe 43 Eat. Pats Deed, County Florid¢ l Eat /' Q0 OY'0 N1 - 35' 2Y 48 Went a dbtuu of 25.00 fro,: Meme NwM 54• J2' 14' Eat v dote. of 12.00 feet; -I of Ma Eml•dy RIgM1I of Way Ibe er qd Obb xghxaY a daaTed in Ords 6 ' t 35 Eat a dlelana d 25.°0 -1; : t- 32 1 SouU 54' 4' -.- -.- 200 feet to oI Ta%Mg recorded M ONbld Recwda Boo4 BSw. Page 111E or the Pudlc N' the P T °F 9E(NIfAIO. Reowda of Pdm BwM Cun,Y. flake. `a 1 ,-, CutahM9 u row of 301 Wuare 1111. DESCRIPTION OF SPRINT LEASE PARCEL xzz DESCR IPTION OF VERIZON WIRELESS GROUND RING EASEMENT 171,E SEARCH REPORT ©© ®� O % A 300 fool side strk, d lad I., a pw6w d U,e SuM -11 fat of Ms --t 1/4 of IM HarUaal 1/4 d -1. 40^ EA9r. HYIO A PMT OP L01gtENCINC of Me SwMeal . E ewmr of wN NarthNwl t/4 S NorUrwt 1/4 1 $xlbn J0. Droaed NWM1 OB' OE ,w6E0 AS POILOVe@ 1 P 0r ' j 5Y 03 Weal abn9 Me SwM IMe of auk NorMm</ 1/4 .11112".. MM1wat 1/4 a dolmas of 210.55 Iat Umu CNk1E11tt Ai iW SOUREMT CORNER OF TE NORONEST ONE- gIMiER Q. 1/4) I 5 0 , dap ,. bet •ok 1/4) Ihw, NarU °0' 02' 5Y E. a tl1•tame o. teat: ther,u SwIF 09' 3 14• Weal a dblance OF TIE NORTNNEST ONE -WMiFR (MI OF Sx0 SECTLn ]0; 1HFI10E xORM 1 , f 4.24 fat to tM PgNT OF BEgtYMlG: Menu NMh 35' 2Y w Wat a dWame of 31.00 fe�t Mau rats 511' OOTB'SY w aLg10 TE FASt tNE Of SAID NN 1/4 OF THE Nw 1/4. A DKTANCE Q< / ' / / IC p w11l E a t 19,0° fat II E FOWT PL1. BO 21.G 6• Eat o -,I, of 31.1%1 fee,; ace $W IF 54' 32' T BJ� :: TEME SWM S2'N'OS HEST, A INSTANCE O 1P Bt FEET ro lxE I ^^ VLWI1aN0 OF TN SPRNT CS LEASE MCA: T#NCE CgiINYE SWM %CEPT 1HE FOLLOWNC DESCflY3f0 PARCEL: 5z a• vESI. A gsrAx¢ a w.aD rtEr, iNDICE xaRM Ss'SYSe• nESr. A I „ r g5TAx0E K Y..00 F£LT. TNFxcE NORM sz'M'OS' EAST. n g5iaxfF m 40.00 fQT I a'' o // A -mf of IoM beag a P- of Ue SaM 60D.79 feet el Me xwM.en 1/4 01 the Northwal 1/4 d Sat1a 3D, TtlN 10. 5WT1 JS'JY59• EASE A DSrNNE a 6000 FEET t0 rK POWs OP 1 $ L�L TownvM1b w Sulh. Raq• u Eat. Pdm 8- C - Ift •atl DwcN more DwikWaNY daacTed oe Idbxa: BE CONTANNI6 2400 SWME FFEL YOlE OR 1£55. 1 - / s Z CpaENC9F0 at Us SuMwel comr If oak Nodhae•t 1/4 d the NorUeat of Satla 30, pocad NsM 89' 4Vva0' LEASE PARC6 (SPaNQ 1 'd 57 03 Wei dw9 Me South lino of sad Nathweat 1/4 of ,M Northsat 1/4 dbluu of 230.58 feel: thence SCRYY'RS ERRg15: •4G ••w ©O.RB 13x9, PG ]l2 N I / dW - fat sak llna. North W' 02' S7 Eaat a dblanu of 112.58 eat to fM -T W 9EgF - thou 3 O a8p23699. PG L (W �Q t 1 35 7 46 • w t o dblanu of 25.0 fal: Uau NwM 54' 32 14• E-1, v - of 12.00 fat: Ueme GRAPHIC SCALE Q l a, dP Su1M1 JS' 2 >' 46 E.t a dbteme of 25.00 fat; Uaa south 54' 32' 14• Wen a able. 1112.0- rat tp 10 0 5 10 20 4D QORH 1b99. K 46J I- 1.PATK TWEE) Ip Ue PONT OF 9EGYINNO. w'a60' ! FASE PARCD. (MO> CABTAI TYEEI �g Sak 3.0o rat MOe etNp conta,hg a ml wa vi 289 ­t rat. �oae. z3N4, PG en ( Ix BEET) i ban - to fat � DESCRIP1ION OF VERIZON WIRELESS STOOP EASEMENT PA.G A - of fwd -N o I- of tM S th M79 fat of Me N th. t 1/4 of the NwUwal 1/4 of sp0u SD. Tosn P w Suth. Range 43 E.L Pa BaaG1 CavntY• (kMda. add ports mare PorQCW y dsw Ted a tdbwe: 1 ohm o.N <,W� W1111F1dCP1p of M• SuUael cans al eak Narthxat i/4 of the NorlhNrt i/4 of Salon 30 pracatl NwiM1 �' YCIwA4ENIED L,WE CY AE2ROxE FCN K- f TIN x ro4waW, afy c 5T °S Wal okng the SuM IMe of auk NpUxe•t 1/4 of Me NoRhwal 1/4 a dblanu of 23D.% feet: Uau m ( Fld:xdl3 SUREY BY ° ) I ' � c deport9g bvl ak Ilm NwU 00' °Y W Eul o dbtmce al 412.56 fal; Umu NMF 54' 32' lA Eat o dialw.a 1 N89'SY03 ' 2}p.gg• d 12.00 tan; Mau NwM 35' 2]' w YMl a --- of 19.49 1111 to Me FONT OF BEFMNNG; theme wnlMa Ne95)OS w 911 w , ' Y x.'�'ua N° 'w, WP r NaU 35 2]' 46 -t a dote. of 4.00 1111 theme - 54 32' 14• Eoel a able. d 3.75 tat then. S.th 35 27' 46 East a detuu of 4.00 fat: thm. - 54 32' 14 Went a dbtuu of 3.75 fat to ,� Me P T OF BEL91W.10. NOTES: a LEGEND ContaY a era .f 15 paws - LOCATION DESCRIPTION OF VERIZON WIRELESS 3' ICE BRIDGE EASEMENT 1. E ted d R 1Me wraaY due not re8ecl w detem umrahb� GY.- CONCRETE .-ENT. NO I.D. C - aNIERIJW NOt ro SCALE 2. R of MY s,NasY we nd veNtl .ague N been IFS vgnolura and pGe -DOWN gdW1A (ORWHD OD) C - C ONC.ONCNEIE A 3.00 fool Mae nI®d Nak be9p a Pwlkn of tlW SwM 600.]9 IeN d its Nadhwt i/4 d its Nwlhxat 1/4 d SaTm d robed 1101 of a Flwlda Ncenad Surwyw and Mapp >. g .l(A Towndp w SovM. Rw,ge <S Pdm Bach tlw skaNna ak afro IIY,q 1.50 (eat u each 3. STawfau aMitlu ud hprlwnW,la are not locelw u a part of tl•b wxwY. P.O.C. -FONT OF CpeENCEIENT (Y)- MEASURED E.I. -1y....1, or q P.O.T. -FOWL OF IERYNAl10N R-R RECORD DESCRP1Nrl p SITE eke of Ma fobwFq desaped eenlwlinc 4. AY beundwY meowramenh egad pothnenalonv urNeaa ofhsMa ptaQ P.O.B. -FONT OP BEdtwaJO R- RAOAIS Ts�+; LpIYENgHG of tM Sutha•t.m' f oak Norl". 1/4 or Me NwMWaI 1/4 of Sedbn 30. peued `o 89' A Bewtbna dqa Freon wa in feet, rnsencad to NA40 - p bead 0.R....OR1gAL NECgiDS BOq( L - iR�A ANgE 5 SY OS Pleat abng its SeuM Nne ak NorU.af 1/1 of tla NorMwat 1/4 a dMUU of 230.56 rut then. BN. •A 232 1965" -g o pudbM1ed tleatbn of 15.92' NAVD'88. NA39'88-NORTN AYEWCNI YRIICP� EL- E{EVATgI dapwlln9 tut ak Iha. NorM °0• °2' SY Eat a dbtuu of 411W fat: Mau Na 54' 32'14' Eat a tislmu 6. 9w9dmY $un'4Y b M1rdiM to VeriAa 1a3rakaa leas pI- Moan hereon. DA11M a< 1988 NAD -NORM AYE . DAIIJ. a f 12.00 fat, Mace Nwlh JS' 27' 48 1Nat o dbta. of 5.51 let M Me POINT OF .EGNWNO of Me FseM ]. Tapographk Sway b IYnNtl to aot ebwliav Mow, b Vwira Wtreba pacw. eM- r9srAi1W BENCXA1AAIt PC. -PAf£ deaTN cataMnC fhma NaM 58' 10' 32 Can a -.11 of 0.BI fat to the PMT OF -NA-1 of Ue 9 W /CM . Verkan v-aa Pad oboe hssu wlp9mled by lds *tray Per cNnl <uWa,lan. SET WIP SET 5/B• 010. Mig1 68 ROD TNP.- NIMISIi 1 M1seh dewlbed ante,iY,e. STAYPEO 'NBZ -L9 w R(E. -RAHOE IM •ItlnMes d oak nrp b M eAleMed w IdnmN, u n.cw,wy, 11 ro,m ua un09uaua •hlpe and to nwt a basup 9. Sway ails as b Pbud 2111 "e per Food Inarenu Rate Yap m. 12°2280°01 C. • = E%1siND SPOT ELEYAl10H W. R- -SWIPE FEET of NeNh 35' 27' M Wert al the Pohl al BphnM9. dried Seplembs J0. 1962 a auPHled by FEYA YIP $TMl catty. ©= Od£ SEARCH "XI' / CPS- OE08AL POgTONND SYSIEN 10. Nepww MM rMSa. to Omerddp @ Enumbau Sawtl, 36922 b gNCOa M /C- NON ROD IAIM CM F0. IP /.FOUR° WON GIPS WM CM Cutehhg a ore of 14.1 paws taL ndre w Ian. Y N. IR /.F= NON ROD aM CM TMb InNxanu Camponyy. MM a e-1. dote d AawarY 24. 2014. 1MV -Y R/N> =pWT OF WAY "-YET& iJONT PdE raMCia ad b Ymiied to pbttdN• eaanlala aNallrp the kou 9weeb I.D.- pENTBCAtIgf LIT..tATIUDE con,ahw MMM lhol each. EL- ElEVATMf LONG- LONgTN1E M ap ry 1M surveyor Fu raged -Y M upon Uet 11wc11 MU r<apeet to ,M pb\ldNe FND. -Fg1tA B.() VI Surv .aaamab of read. Ne .rflnal anew ITomb«a- N-I- b ylaiaa'�mntane a d Mt I Ina 1 =w �m�'Remtt *lme wrE REWSON To pogr a p hic B YOORS SIGNAT QPSBAL William B. Z entz & Associates, Inc. Bounda ATo ra hic Surrey for Percw w1d eaaa,a, +Teen hwew. . a ,1. awd,ma Waa w. u.s. 9- 1 «L Nn "/" II.. Plane -.I -.I PiOle$W,,na! S,,,V, og & Mappll/g Verixon Wireless t - #88510 • Tequesto Flagpole Flwko Wat am. ps Red Tbne CPS Ob I-- te u da d sw.sy, aM arc I.- . M MMM FAA 1 -A ideate {Mrizuld -+ /- 15 fat, lE0FA1JI1ggt tbNlLy fM.eew 901 X. Old Dixie Highway, Tequesta 3 1e1). f 684 Ofa o HghW y Pala Beach County, Florida a N 14 Vero Beach, R 32962 an,w, w rao mP aner +++ x11 w Phone: (772) 567 -7551 FI.: 2 567 -1751 W. @Z. Nl I %J5 2/15/i III -T 11 1 F