Agenda 07/11/2017 Item #16D1107/11/2017
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to Ground Lease Agreement and Memorandum
of Lease with the Verizon Wireless Personal Communications LP at Vineyards Community Park.
OBJECTIVE: An amendment is required to allow Verizon Wireless LP (Verizon) the continued use of
the property at Vineyards Community Park for the operation of a telecommunications monopole.
CONSIDERATIONS: Since 1997, Verizon has leased one thousand square feet of vacant property
located at northwest corner of Vineyards Community Park (Vineyards) for the installation and operation
of a communications monopole with related ground equipment. Currently, both parties wish to extend the
lease term and modify several conditions of the Lease as follows:
The First Amendment to Ground Lease Agreement (Amendment) provides for the following:
1. Extend the lease term for an additional twenty-five years.
2. Increase the first year’s rent to $30,000 with annual three percent compounded increases.
3. Provide the County with a one-time cash contribution of $10,000.
All other provisions included in the original Lease, except for those listed above, shall remain in effect.
FISCAL IMPACT: The first year’s rent of $30,000 and the one-time cash contribution, as well as all
subsequent annual rental payments, shall be deposited into the following accounts: twenty percent of the
$30,000 rent ($6,000) and twenty percent of the $10,000 cash contribution ($2,000) into MSTD General
Fund, Franchise Administration (111-100210-362110), and eighty percent of the $30,000 ($24,000) and
eighty percent of the $10,000 cash contribution ($8,000) into MSTD General Fund, Vineyards
Community Park (111-156390-362180).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the First Amendment to
Ground Lease Agreement and the Memorandum of Lease with Verizon Wireless Personal
Communications LP.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Verizon Vineyards CAO 2017 (PDF)
2. Verizon Vineyards 1997 Lease (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.11
Doc ID: 3366
Item Summary: Recommendation to approve a First Amendment to Ground Lease Agreement
and Memorandum of Lease with the Verizon Wireless Personal Communications LP at Vineyards
Community Park.
Meeting Date: 07/11/2017
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
06/14/2017 9:15 AM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
06/14/2017 9:15 AM
Approved By:
Review:
Public Services Department Joshua Hammond Additional Reviewer Completed 06/14/2017 11:02 AM
Facilities Management Toni Mott Additional Reviewer Completed 06/14/2017 1:18 PM
Public Services Department Sean Callahan Additional Reviewer Completed 06/14/2017 2:43 PM
Facilities Management Dennis Linguidi Additional Reviewer Completed 06/15/2017 3:16 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 06/15/2017 4:02 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/19/2017 10:44 AM
Public Utilities Department Heather Bustos Additional Reviewer Completed 06/19/2017 12:55 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/19/2017 4:57 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 06/27/2017 8:50 AM
Public Services Department Len Price Level 1 Division Reviewer Skipped 06/27/2017 5:10 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/27/2017 5:22 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/28/2017 1:59 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 2:56 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 07/02/2017 4:15 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/05/2017 5:17 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/05/2017 5:20 PM
07/11/2017
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
FIRST AMENDMENT TO GROUND LEASE AGREEMENT
This First Amendment to Ground Lease Agreement (this "1 mendmenf') is made effective
as of the latter signature date hereof (the *Effective Dale") by and between Collier County, a
political subdivision of the State of Florida ("Ownel') and Verizon Wireless Personal
Communications LP d/b/a Verizon Wireless ("Tenanf') (Owner and Tenant being collectively
refened to herein as the "Parties").
RECITALS
WHEREAS, Owner owns the real property described on Exhibit A attached hereto and by this
reference made a part here of (lhe "Owner's Lant'); and
WHEREAS, Owner and Tenant's predecessor-in-interest, PrimeCo Personal Communications,
LP, entered into that certain Ground Lease Agreement dated May 27 ,1997 (the"Lease"), pursuant
to which the Tenant leases a portion of the Owner's Land and is the beneficiary of certain
easements for access and public utilities, all as more pa(icularly described in the Lease (such
portion ofthe Owner's Land so leased along with such portion ofthe Owner's Land so affected,
collectively, lhe"Leased Area"), which Leased Area is also described on [!![j!1!; and
WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties
identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with
an effective date of March 27,2015 and both with ATC Sequoia LLC, a Delaware limited liability
company ("American Tower"), pursuant to which American Tower subleases, manages, operates
and maintains, as applicable, the Leased Area, all as more particularly described therein; and
WHEREAS, Tenant has granted American Tower a limited power of attomey (lhe "POA") b,
among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on
behalf of Tenant, all as more particularly set forth in the POA; and
WHEREAS, Owner and Tenant desire to amend the terms of the Lease to extend the term thereof
and to otherwise modify the Lease as expressly provided herein.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth
herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which
are hereby acknowledged, the Pa(ies hereby agree as follows:
l. One-Time Pavment. Tenant shall pay to Owner a one-time payment in the amount of Ten
Thousand and No/l00 Dollars ($10,000.00), payable within thirty (30) days ofthe Effective
Date and subject to Tenant's receipt of this Amendment and an original Memorandum (as
defined herein) executed by Owner.
2. Lease Term Extended. Notwithstanding anything to the contrary contained in the Lease or
this Amendment, the Parties agree the Lease originally commenced onMay 27 , 1997, is hereby
amended to provide Tenant with the option to extend the Lease for each offive (5) additional
five (5) year renewal terms (each a"Renewal Term" and, collectively, the "Renewal Terms")
following the expiration date stated in the Lease. Notwithstanding anything to the contrary
contained in the Lease, (a) all Renewal Terms shall automatically renew unless Tenant notifies
Owner that Tenant elects not to renew the Lease at least sixty (60) days prior to the
commencement of the next Renewal Term, and (b) in the event Tenant fails to make any
payment to Owner ofany rent or other sums as and when due under the Lease, as modified by
ATC Site No: 411196
VZW Site No: 118328
Site Name: ArborG
3this Amendment, owner shall not have the right to terminate the Lease or pursue any other
available remedies unless and until Tenant fails to cure such default within ten (10) days after
receiving written notice thereof from owner. The owner hereby agrees to execute and return
to Tenant an original Memorandum ofLease in the form and of the substance attached hereto
as Exhibit B and by this reference made a part hereof (the ,,Memorandum',) executed by
Owner, together with any applicable forms reasonably needed to record the Memorandum,
which forms shall be supplied by Tenant to Owner.
Rent and Escalation. Commencing on May 27, 2017, the rent payable from Tenant to
Landlord under the Lease is hereby increased to Thirty Thousand and No/100 Dollars
($30,000.00) per year (lhe "Renf'). Commencing on May 27,2018 and on each successive
annual anniversary thereof, Rent due under the Lease shall increase by an amount equal to
three percent (3"/") of the then current Rent. Notwithstanding anything to the contrary
contained in the Lease, all Rent and any other payrnents expressly required to be paid by Tenant
to Landlord under the Lease and this Amendment shall be paid to Collier County. The
escalations to Rent in this Section shall be the only escalations to the Rent and anylall
escalations to Rent in the Lease are hereby null and void and of no further force and effect.
Landlord and Tenant Acknowledsments and Statements. Except as modifred herein, the
Lease and all provisions contained therein remain in full force and effect and are hereby ratified
and affirmed. Each Party hereby reaffirms the representations and warranties made by such
Party in the Lease as of the Effective Date, and confirms that such representations and
warranties apply to this Amendment to the same extent as to the Lease. The Parties hereby
agree that no defaults exist under the Lease. To the extent Tenant needed consent and/or
approval from Landlord for any of Tenant's activities at and uses of the site prior to the
Effective Date, including subleasing to American Tower, Landlord's execution of this
Amendment is and shall be considered consent to and approval ofall such activities and uses
and confirmation that no additional consideration is owed to Landlord for such activities and
uses.
Notices. The notice addresses for Tenant listed in Section 10 ofthe Lease are hereby replaced
with the following:
Tenant: Verizon Wireless
A$n. Network Real Estate
180 Washington Valley Road
Bedminster, NJ 07921
with copv to: American Tower
Attn: Land Management
l0 Presidential Way
Wobum, MA 01801
and also with cop), to: American Tower
Attn: Legal Dept.
I 16 Huntington Avenue
Boston, MA 021 16.
ATC Site No: 411196
VzW Site No: 118328
Site Name: Arbor45G
E刈 HIBIT A
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αソbθ rη ′αcθ グα′7セ ″α″′む″″ο′αs dθ scr′bθ グbθ ′οw
Owner's Land
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“
Oν ′θrむ
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Thc Owller's Land consists ofthe entirc legal taxable lot owned by Owllcr as described in a deed
(Or deeds)tO OWner of which the Lcascd Area is a part thereof with such Owllcr's Land being
situated in the County of Collier,State ofFlo五 da,and being described below:
襲農:こ h避 ぎ盤:響 :::撫 凛 菫:欝 轟慰:撰 鷺驚
ana restrictiOne.
Parccl IE): 80708195004
ATC Site No:411196
VZW Site No: 118328
Site Name: Arbor
LEASED PREMISES
Tenant shall have the right to replace this description with a description obtainedfrom the Lease
orfrom a description obtainedfrom an as-built surt ey conducted by Tenant.
The Leased Area consists ofthat portion ofthe Owner's Land as defined in the Lease which shall
include access and utilities easements. The square footage ofthe Leased Area shall be the greater
of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant's (and Tenant's customers)
existing improvements on the Owner's Land; or (iii) the legal description or depiction below (if
anv)./ATC Site No:411196
VZW Site Nol l18328
Site Name:ArborL|
ACCESS AND UTILITIES
The access and utility easements include all easements ofrecord as well that portion ofthe Owner's
Land currently utilized by Tenant (and Tenant's customers) for ingress, egress and utility purposes
from the Leased Area to and from a public right ofway.
ATC Site No: 411196
VZW Site No: 118328
Site Name: Arbor
@
EXHIBIT B
FORM OF MEMORANDUM OF LEASE
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
Prepared bv and Return to:
American Tower
l0 Presidential Way
Woburn, MA 01801
Attn: Land ManagementiDaniel Levine, Esq.
ATC Site No: 4l I196
ATC Site Name: Arbor State ofFlorida
Assessor's Parcel No(s): 80708195004 County of Collier
MEMORANDUM OF LEASE
This Memorandum of Lease (the "Memorandum") is entered into on the day of
,201- by and between Collier County, a political subdivision of the
State of Florida("Owner") andVerizon Wireless Personal Communications LP dlbla Verizon
Wireless ("Tenanf').
NOTICE is hereby given of the Lease (as defined and described below) for the purpose of
recording and giving notice of the existence of said Lease. To the extent that notice of such Lease
has previously been recorded, then this Memorandum shall constitute an amendment of any such
prior recorded notice(s).
l. Owner's Land and Lease. Owner is the owner of certain real property being described in
Exhibit A attached hereto and by this reference made apart hereof (the"Owner's Lant').
Owner and Tenant's predecessor-in-interest, PrimeCo Personal Communications, LP, entered
into that certain Ground Lease Agreement dated May 27, 1997 (the "Lease"), pursuant to
which the Tenant leases a portion of the Owner's Land and is the beneficiary of certain
easements for access and public utilities, all as more particularly described in the Lease (such
portion ofthe Owner's Land so leased along with such portion of the Owner's Land so affected,
collectively, the "Leosed Area"), which Leased Area is also described on Exhibit A.
2. American Tower. Tenant, Verizon Communications Inc., a Delaware corporation, and other
parties identified therein, entered into a Management Agreement and a Master Prepaid Lease,
both with an effective date of March 27,2015 and both with ATC Sequoia LLC, a Delaware
limited liability company ("Americon Tower"), pursuant to which American Tower subleases,
manages, operates and maintains, as applicable, the Leased Area, all as more particularly
described therein. In connection with these responsibilities, Tenant has also granted American
Tower a limited power of attorney (the "POA") to, among other things, prepare, negotiate,
execute, deliver, record and/or file certain documents on behalf of Tenant, all as more
particularly set forth in the POA.
'}fi:i[H;illl;:Site Name: Arbor
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34Expiration Date. subject to the terms, provisions, and conditions ofthe Lease, and assuming
the exercise by Tenant of all renewal options contained in the Lease, the final expiration date
olthe Lease would be May 26,2042. Notwithstanding the foregoing, in no eventihall renant
be required to exercise any option to renew the term ofthe Lease.
Leased Premises Description. Tenant shall have the right, exercisable by Tenanl at any time
during the original or renewal terms of the Lease, to cause an as-built survey of the Leased
Area to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the
Leased Area set forth on Exhibit A with a legal description or legal descriptions based upon
such as-built survey. Upon Tenant's request, Owner shall execute and deliver any documents
reasonably necessary to effectuate such replacement, including, without limitation,
amendments to this Memorandum and to the Lease.
Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions
and conditions contained in the Lease. In the event ofa conflict between this Memorandum
and the Lease, the Lease shall control. Owner hereby grants the right to Tenant to complete
and execute on behalf of Owner any govemment or transfer tax forms necessary for the
recording of this Memorandum. This right shall terminate upon recording of this
Memorandum.
Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand,
by nationally recognized courier service, or by First Class United States Mail, certified, return
receipt requested to the addresses set forth herein: to Owner at: 3335 East Tamiami Trail,
Attn: Real Property Management, Naples, FL 34112; to Tenant at: Verizon Wireless, Attn.
Network Real Estate, 180 Washington Valley Road, Bedminster, NJ 07921; with cooy to:
American Tower, Attn: Land Management, 10 Presidential Way, Wobum, MA 01801, and
also with copy to: Attn Legal Dept. I 16 Huntington Avenue, Boston, MA 021 16. Any of the
parties hereto, by thirty (30) days prior written notice to the other in the manner provided
herein, may designate one or more different notice addresses from those set forth above.
Refusal to accept delivery of any notice or the inability to deliver any notice because of a
changed address for which no notice was given as required herein, shall be deemed to be receipt
of any such notice.
Counterparts. This Memorandum may be executed in multiple counterparts, each of which
when so executed and delivered, shall be deemed an original and all of which, when taken
together, shall constitute one and the same instrument.
Governins Law. This Memorandum shall be govemed by and construed in all respects in
accordance with the laws of the State of Florida, without regard to the conflicts of laws
provisions of the State ofFlorida.78ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
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IN WITNESS WHEREOF, Owner and Tenant have each executed this Memorandum as of the
day and year set forth below.
TENANT WITNESS
Verizon Wireless Personal Communications LP
dlbla Verizon Wireless
By: ATC Sequoia LLC,
a Delaware limited liability company Signature:
Title: Attorney-in-Fact
Print Name:
Signature:
Signature:
Print Name:
Title:
Print Name:
Date:
WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this _ day of 201-, before me,
the undersigned Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/trer/their authorized capacity(ies), and that by hisftrer/their signature(s) on the instrument,
the person(s) or the entity upon which the person(s) acted, executed the instrument.
WITNESS my hand and offrcial seal.
Notary Public
Print Name:
My commission expires:lsEALl
ATC Site No: 411196
VZW Site No: 118328
Site Name: Arbor , -.' ,
OWNER:
DATED:
AWEST:
DWIGHT E.BROCK,Clerk
BY:
Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMⅣIISSIONERS,COLLIER COUTY,FLORIDA
BY:
PENNY TAYLOR,Chai..1.an
Jennifer A.Belpedio /ヽ
Assistant county Attorney
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AttC Site No:411196
VZVV Site No:118328
Site Name:Arbor
EXHIBIT A
This Exhibit A may be replaced at Tenant's option as described below
Owner's Land
Tenant shall have the right to replace this description with a description obtained from Owner's
deed (or deeds) that include the land area encompassed by the Lease and Tenant's improvements
thereon
The Owner's Land consists of the entire legal taxable lot owned by Owner as described in a deed
(or deeds) to Owner of which the Leased Area is apart thereof with such Owner's Land being
situated in the county of Collier, state of Florida, and being described below:
Trr,ct s-4r trho vineyards unlt 3, -in accordancs wlth and *ubJcct to
irre-prit iecoruca tir gtat, ao.r te, at Paqer 2-5 ' fublic
Recorda Collier c""ii*l-iforlaa-EiEffict to €heEiISylng covenants
and reatrJ,cclonr.
Parcel ID: 80708195004
ATC Site No: 411196
VZW Site No: 118328
Site Name: Arbor
LEASED PREMISES
Tenant shall have the right to replace this description with a description obtainedfrom the Lease
orfrom a description obtainedfrom an as-built survey conducted by Tenant.
The Leased Area consists of that portion of the Owner's Land as defined in the Lease which shall
include access and utilities easements. The square footage of the Leased Area shall be the greater
of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant's (and Tenant's customers)
existing improvements on the Owner's Land; or (iii) the legal description or depiction below (if
any).
ATC Site No: 411196
VZW Site No: 118328
Site Name: Arbor
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ACCESS AND UTILITIES
Thc acccss and utility casemcnts includc all easements ofrecOrd as、vellthat portion ofthe O、vner's
Land currcntly utilizcd by Tcnant(and TCnant's customers)fOr ingress,cgress and utility purposes
from thc Leased Arca to and'om a public Hght ofwり
ATC Site No:411196
VZW Site No:118328
Site Name:Arbor
•
GROUND LEASE AGREEMENT
Site: 63028 - Vineyards Community Park (Naples)
THIS GROUND LEASE AGREEMENT ("Lease"), is entered into
effectively on the ,?qday of 1997, the ("Commencement
Date"), and between the two parties: Collier County ("OWNER") and PrimeCo
Personal Communications, L.P., a Delaware limited partnership ("PCS" or
"TENANT"). The parties agree as follows:
I. The Property: Owner's Property; The Leased Area; And Tenant's
Property.
A. OWNER owns a parcel of land that has the following address: 6231
Arbor Boulevard, City of Naples, County of Collier, State of Florida, herein called
("OWNER's Land"), which is shown on attached Exhibit Al. PCS is in the
communications business and desires to lease land and an access easement thereto,
referred to herein collectively as the LEASED AREA. OWNER's property is a
parcel of land that is larger in area than the LEASED AREA. The LEASED
AREA is a part of OWNER's Land. All personal property brought onto the
LEASED AREA by or on behalf of PCS is referred to herein as "TENANT's
Property." Any personal property brought onto the LEASED AREA by OWNER
or on behalf of OWNER is referred to herein as "OWNER's Property." Any
property brought onto the LEASED AREA by any third party is referred to herein
as "Third Party Property."
B. OWNER hereby leases the LEASED AREA to PCS. This Lease is
not a Franchise under any law, rule or regulation. The LEASED AREA comprises
approximately One Thousand (1,000) square feet of land: a fifty (50) foot by
twenty (20) foot parcel, plus an access easement thereto; both are as shown on the
attached Exhibit A2.
C. OWNER and PCS hereby agree that the LEASED AREA may be
surveyed by a licensed surveyor at PCS' costs, which survey may replace Exhibit
A2 and become a part hereof and shall supersede the first Exhibit A2 in the event
of any discrepancy between such survey and the description of Paragraph 1.B.,
above.
2. Lease: Access Easement.
OWNER hereby grants to PCS a non-exclusive access easement (during the
entire life of this Lease) for free access to the LEASED AREA seven (7) days a
week, twenty-four (24) hours a day. No above -ground structures shall be
constructed in the access easement.
3. Lease Term And Rent.
A. RENT PAYABLE IN MONEY. This Lease has an initial term of
fifteen (15) years from the Commencement Date. The annual rent shall be
Fourteen Thousand Dollars ($14,000.000), pro -rated at $1,167 per month. The
rent shall be paid annually in advance, beginning on the Commencement Date,
and thereafter not later than each anxiiversary date thereof. Rent shall be paid to
OWNER (or as OWNER may otherwise direct from time -to -time in writing at
least 30 days -before the respective next rent payment date). Prior to and until the
first day of the month following commencement of delivery of any of PCS'
property onto the LEASED AREA, the Annual Rent shall be One Hundred Dollars
($100.00), twelve (12) months of which shall be prepaid in advance. Any
unearned balance shall be credited against PCS' first payment of $14,000.00. In
the unlikely event that PCS has not delivered any property to the LEASED AREA
prior to the first anniversary date of this lease, PCS may either terminate this
Agreement upon written notice to Owner, without further obligation or liability; or
may allow this Agreement to remain in full force and effect provided if this
Agreement remain in effect, the $100.00 per month rent shall automatically
increase to $14,000 per year, payable in full not later than the first anniversary
date of this Lease. PCS shall throughout this lease pay OWNER a late payment
charge equal to five percent (5%) of any payment not paid promptly when due.
Any amounts not paid promptly when due shall also accrue interest of two percent
(2%) per month or the highest interest rate then allowed by law, whichever is
higher, which interest shall be paid by PCS to OWNER. As additional one-time
consideration for the execution of this Lease by OWNER, PCS will pay OWNER
the sum of ten thousand dollars ($10,000.00) to be used by OWNER to make
improvements to OWNER'S LAND.
B. CASH DEPOSITS BY TENANT. PCS shall also at that time deposit
with OWNER a refundable security deposit of two month's rent (initially
$2,334.00) and a deposit of ten thousand dollars ($10,000) that may be used by
OWNER in the event that PCS breaches this Lease and such breach causes
OWNER to incur expenses that would have not been incurred but for PCS' breach
of this lease, especially regarding removal of any of PCS' property from the
LEASED AREA. If in time OWNER deems such $10,000 deposit, with accrued
compounded interest thereon, to be insufficient to insure the necessary funds to be
available to remove all of PCS' property from the LEASED AREA, PCS shall
increase that deposit as demanded in writing by OWNER. OWNER shall have all
right and title to interest that may accrue on all deposits. If the parties hereto
should enter one or more other leases at one or more other sites, this deposit may
be applied by OWNER to any one, more, or all of the other sites.
C. LEASE EXTENSIONS. This Lease may be extended by mutual
agreement for a five (5) year extension period at the end of the initial term of
fifteen (15) years provided that, not more than three hundred and sixty (3 60) days
prior to the last day of the fifteenth (15'h) lease year and not less than one hundred
and eighty days (180) prior to that date, PCS advises OWNER in writing of PCS's
intention to extend the Lease and commence negotiations. Failure to supply such
written notice shall operate as a termination of this Lease effective on the last day
of the fifteenth (15th) lease year. If the Lease, by mutual agreement, is extended
beyond the fifteenth (15`h) year, the existing base rent for the fifteenth (15`h) lease
year shall be increased by at least twenty percent (20%) and the mutually agreed
upon sum shall be the base rent for the sixteenth (16`') lease year through the
twentieth (20"') lease year, unless agreed otherwise. Subject to OWNER'S timely
receipt of such written notice of PCS's intention to extend and negotiate, OWNER
and PCS will negotiate in good faith to come to mutual agreement regarding terms
and conditions of the extended lease, which will be applicable as of the first day of
the sixteenth (16"') lease year. If the parties do not mutually agree to extend the
lease on or before the last day of the fifteenth (15"') lease year, the lease shall
terminate on the last day of the fifteenth lease year.
D. RENT INCREASES AT END OF FIFTH LEASE YEAR AND AT
END OF TENTHLEASE YEAR. Effective on the first day of the sixth lease year,
the annual rent shall be increased as follows: The existing base rent for the fifth
lease year shall be increased twenty percent (20%). The resulting figure shall be
the base rent for the sixth lease year through the tenth lease year. Likewise,
effective on the first day of the eleventh (11`'') lease year, the annual base rent for
the tenth year shall be increased by twenty percent (20%). The resulting figure
shall be the base rent for the eleventh (11"') through the end of the fifteenth (15`h)
lease year.
4. Use Of The Leased Area.
A. PCS shall use the LEASED AREA to construct, remove, replace,
maintain, secure and operate its communications facilities, consisting of one (1)
monopole communications tower that shall not exceed a height of one hundred
twenty-five (125) feet above ground level, exclusive of any antennas that may be
installed thereon, plus antenna support structures and/or related facilities to be
constructed on the ground within the LEASED AREA, to license part thereof to
third parties, and for any other lawful uses directly related thereto. No antenna
installed on the tower shall exceed a height of one hundred forty (140) feet above
ground. Subject to other provisions regarding approvals and technical
specifications related thereto, any and all antenna arrays (including those of third
parties) may from time -to -time be modified, added to, or substituted. Each
structure may be configured as requested by PCS from time -to -time, provided
PCS, at its sole expense, obtains all permits and approvals required by all
applicable jurisdictions, including OWNER, for each configuration.
B. PLANS REVIEW BY OWNER. OWNER shall have the right to review
and approve plans for any and all improvements installed within the LEASED
AREA, which approval shall not be unreasonably withheld or unreasonably
delayed. Prior to commencing any construction, PCS (and each third party
licensee) shall submit a copy of plans and specifications for all improvements to
OWNER for review and approval. No improvement, construction, installation or
alteration shall be commenced until plans for such have been approved by
OWNER and permits have been issued to authorize such construction. Such plans
shall include, if applicable to the improvement, fully dimensional site plans that
are drawn to scale and show: (i) the proposed location of the antennas and
equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and
height of fencing; (iv) the proposed color of all structures, including fencing; and,
(v) the proposed type of construction for all structures, including fencing, and any
other details that OWNER may request. All improvements shall be constructed in
a workmanlike manner and shall be completed in compliance with all applicable
laws, rules, ordinances and regulations. Improvements to or within the LEASED
AREA (and within the easement access area) shall be at no expense to OWNER.
PCS and all Licensees shall maintain all of their improvements in a reasonable
condition throughout the life of this Lease to the reasonable satisfaction of
OWNER. TENANT shall allow OWNER free access to its own personal property
within the LEASED AREA at all reasonable times that OWNER desires such
access. In the event that OWNER may be required by law to install other personal
property within the LEASED AREA, OWNER reserves the right to do so free of
charge provided such property does not materially harm the use of the tower by
PCS or by any third party licensee. OWNER has no knowledge of any potential
requirement to install any such property within the LEASED AREA. As the
LEASED AREA is in a park, landscaping and security fencing are of particular
concern to OWNER; therefore, PCS shall be required to install, repair, and
maintain landscaping and security fencing to the reasonable satisfaction of
OWNER.
C. THREE COMMUNICATIONS SYSTEMS. The tower and all other
facilities shall be designed and constructed so as to accommodate at least three (3)
separate communications systems. PCS shall have the exclusive right to use the
portion of the tower above 110 feet above ground level ("AGL") PCS hereby
grants to OWNER the option (by license) to utilize, free from the payment of any
rent, that portion of the tower between 90 feet AGL and 110 feet AGL. OWNER
may advise PCS at any time(s) of OWNER'S desire to use such area, but OWNER
shall not be required to make its decision(s) regarding its use of that area except in
response to a bona fide offer from a Third Party to PCS to license that space.
OWNER may take up to sixty (60) days from the receipt of notification by PCS
that an offer from a Third Party has been received, which notice shall describe the
offer in detail, to make its decision. If OWNER decides that it does not desire to
use space for its own needs or for the use and benefit of any other Users, OWNER
will not exercise its option to use that space and that decision shall release that
space to PCS for licensure to that Third. Party. These valuable assets are to be
used and shall not be reserved for remotely possible future uses. PCS shall license
the remaining area on the tower, (and such ground space as is then required) to a
Third Party on such lawful and reasonable terms and conditions as chosen by PCS.
If the space that is subject to Owner's option is licensed to a Third Party and that
license comes to an end, that circumstance shall automatically reinstate OWNER's
option to elect to use that space, which option OWNER may the exercise or may
wait until there is another offer from a Third Party to use that space. If OWNER
decides to use that space, OWNER shall be required to meet the terms of the offer
from the Third Party, except the total amount of rent and/or other payments that
OWNER must pay to PCS shall never exceed the rent then payable to OWNER by
PCS. In the event OWNER desires to install equipment on the Tower, OWNER,
at OWNER's expense, shall submit to PCS the following: (a) detailed site plans as
well as plans and specifications setting forth the proposed antenna and other
equipment and construction, installation, and other work to be performed on the
Tower and LEASED AREA; and (b) a list of all frequencies currently or
anticipated to be licensed or assigned to OWNER by the FCC. If required by PCS,
OWNER shall also submit a structural analysis of the Tower addressing the
installation of additional antenna and other equipment on the Tower and
demonstrating that the installation of such items will not exceed the load capacity
of the Tower. OWNER shall not install any equipment or commence any work on
the Tower or the LEASED AREA until PCS approves, in writing, the OWNER's
plans and specifications, frequencies, and structural analysis, if any; such approval
to be given in PCS' reasonable discretion.
D. THIRD PARTY LICENSEES. Each license (which includes each
User) shall always be subject to all terms and conditions of this Lease, and each
license shall be subject to review and approval of PCS. OWNER has the right, but
not any duty; to review each proposed license. Use of the tower and site by
OWNER and each third party shall be subject to written approval by PCS upon
such reasonable terms and conditions as may be required by PCS. PCS makes no
representations to OWNER or to any third party that the LEASED AREA, the
tower or/or any other thing will be suitable for OWNER's needs or the needs of
any third party, and PCS has no obligation to modify any facility to suit
OWNER's needs or the needs of any third party. Each Licensee shall be solely
responsible for the cost of locating and placing its property onto the tower and into
any ancillary structures on site. Each Licensee shall also be responsible for any
liabilities that may arise from that Licensee's use of any part of the LEASED
AREA, including the tower. PCS shall promptly notify OWNER in writing of all
license requests which PCS receives for use of the Tower or any other part of the
LEASED AREA.
i. The third party, at the third party's expense, shall submit to
PCS the following: (a) detailed site plans as well as plans and specifications
setting forth the proposed antennas and other equipment, the height and location
of such antennas and other equipment, and the construction, installation and other
work to be performed on the Tower and LEASED AREA; and (b) a list of all
frequencies currently or anticipated to be licensed or assigned to the third party by
the FCC. If requested by PCS, the licensee shall supply to PCS a structural
analysis of the Tower addressing the installation of additional antennas and other
equipment on the Tower by the third party and demonstrating that the installation
of such antennas and equipment will not exceed the load capacity of the Tower.
The third party shall not install any equipment or commence any work on the
Tower or the LEASED AREA until PCS approves, in writing, the third party's site
plans, plans and specifications, frequencies, and structural analysis (if any), such
approval to be given in PCS' reasonable discretion.
ii. The third party's use of the Tower shall be limited to the
antennas and other equipment and frequencies approved and expressly agreed
upon in advance by PCS pursuant to paragraph 4. D. i above.
iii. The third party's installation, use and occupancy of the Tower
and LEASED AREA shall be in continued compliance with all then applicable
laws, regulations and requirements of all federal, state, and local authorities,
including the FCC.
iv. THIRD PARTY ASSUMPTION OF RISKS AND
INSURANCE RFCS IREMENTS. The third party shall assume all risks in
connection with the installation, operation, maintenance, repair, replacement and
removal of the third party's antennas and all other property located on the
LEASED AREA and the Tower. The third party shall maintain commercial
general liability insurance insuring against liability for personal injury, death or
damage to personal property arising out of use of the Tower by the third party.
Such insurance shall provide coverage (in an amount of not less than one million
dollars ($1,000,000.00) for bodily injury or death to any one (1) or more persons
and in an amount not less than one million dollars ($1,000,000.00) for property
damage and shall include a contractual liability endorsement naming PCS as an
additional insured on such policies. , All insurance policies shall be written with
insurance companies qualified to do business in State of Florida and shall provide
for thirty (34) days written notice to PCS prior to cancellation. Certificates of
such policies shall be delivered to PCS prior to the installation of the third party's
equipment. Further, the third party shall reimburse PCS for any damage to the
Tower or PCS' equipment, and shall be required to indemnify and hold PCS
harmless from any and all liability, claims, demands, actions, losses, damages,
orders, judgments and any and all costs and expenses including, without
limitation, reasonable attorneys fees and costs, arising from or incurred in
connection with claims for injury to persons or property caused by the act or
omission of such third party or its respective agents, contractors or employees
including, without limitation, the use of the Tower, LEASED AREA or third
party's equipment or the breach of any contractual obligation to OWNER or PCS.
V. The third party's license to use the Tower may be assignable.
vi. PCS shall have the right to have a representative present during
the installation of the third party's antennas and other equipment.
vii The third party's installation of the third party's antennas and
other equipment on the Tower and the LEASED AREA shall be performed on
dates and at times and within time frames approved by PCS in writing and shall
not interrupt or interfere with the operation of PCS' communications system or
PCS' equipment unless PCS agrees to such interruption or interference in writing.
E. MAINTENANCE, REPAIR AND REPLACEMENT OF PROPERTY.
i. PCS shall maintain, repair and replace the Tower, all of its
equipment and all other of its personal property to the highest quality
construction, repair and maintenance standards during the entire life of this
Lease.
ii. OWNER shall maintain, repair and replace OWNER's
equipment. In order to protect the integrity of the Tower, OWNER agrees
that any maintenance, repair and/or replacement performed on the
OWNER'S Property shall be done in a workmanlike manner consistent with
PCS' high quality construction standards.
iii. EACH THIRD PARTY shall be required herein and by its
respective license agreement to do likewise for all of its Third Party
Property. In order to protect the integrity of the Tower, each third party
must in its license agreement agree that any maintenance, repair and/or
replacement performed by it or on its behalf of its Personal Property shall be
done in a workmanlike manner consistent with PCS' high quality
construction standards.
iv. NON -INTERRUPTION AND NON-INTERFERENCE. Any
maintenance, repair or replacement work performed on OWNER'S Property
shall not interrupt or interfere with the operation of PCS' communications
system or PCS' equipment unless PCS specifically agrees in writing to such
interruption or interference.
V. PLAN REVIEW BY PCS. Prior to the commencement of any
maintenance, repair or replacement work on OWNER's Property, OWNER
shall submit to PCS for approval plans and specifications of the
maintenance, repair and replacement work to be performed. PCS shall have
the option to comment upon such plans, specifications and contractor prior
to the commencement of any maintenance, repair or replacement work, all
at the Property Owners' expense.
vi. NOTICE TO PCS. OWNER shall provide PCS with at least
forty-eight (48) hours notice prior to any maintenance, repair or replacement
work that will require access to the Tower structure or LEASED AREA,
unless an emergency exists in which case notice shall be provided to PCS
not later than twenty-four (24) hours after access to the Tower structure or
LEASE AREA has occurred. PCS shall have the right to have a
representative present during any non -emergency maintenance, repair or
replacement by OWNER (or Third Party Licensee) that will require access
to the Tower or to the LEASED AREA, but not the tower.
F. INTERFERENCE. PCS agrees to install communications equipment
of a type and frequency which will not cause interference with OWNER's
equipment at the LEASED AREA. In the event PCS' equipment causes
interference with OWNER's equipment at the LEASED AREA, PCS will take all
steps necessary to correct and eliminate such interference at PCS' sole cost and
expense. OWNER agrees not to allow any future use of OWNER's equipment or
addition and/or modification to any current use of the Tower or OWNER's
property that may cause interference with or the improper operation of the Tower,
PCS' equipment, or PCS' communications signal or system. In the event that any
addition or modification to the OWNER's equipment causes interference with
PCS' equipment or communications signal and/or system, OWNER, upon
notification of such interference, agrees to promptly remedy such interference at
OWNER's expense until such interference is corrected to PCS' sole and
reasonable satisfaction. In the event OWNER and PCS cannot resolve such
interference problems, OWNER and PCS agree to resolve any interference
disputes by arbitration which shall be performed in accordance with the Rules of
the American Arbitration Association. The arbitration decision/award shall be
binding upon OWNER and upon PCS and may be entered in any court having
jurisdiction thereof. OWNER and PCS agree that the costs associated with any
arbitration shall be borne by PCS if PCS is the cause of the interference or by
OWNER if OWNER is the cause of the interference.
G. BARE LICENSE TO PARK VEHICLES. If there is insufficient space
to park same within the LEASED AREA, Owner hereby grants to PCS and each
future third party licensee, subject to availability of space for same, a bare license
with no interest coupled thereto to park their respective motor vehicles on
OWNER's Property for short periods of time while the vehicle owner/entity is
constructing, removing, replacing and/or servicing its antenna(s) and/or its
communications facilities within the LEASED AREA.
H. OWNERSHIP OF TOWER AND OTHER PROPERTY.
(1) During The Life Of Thi5' Lease: The Tower shall remain the property
of PCS during the life of this Lease. Any other property brought onto the
LEASED AREA by or on behalf of PCS shall remain the property of PCS during
the life of this Lease and after termination of this lease. All property brought upon
the LEASED AREA by OWNER shall remain the property of OWNER. All
property brought upon the LEASED AREA by any third party shall remain the
property of that third party during the life of this Lease and after expiration or
termination of this Lease except as may be specified otherwise in the respective
controlling license agreement for the subject property of that third party licensee.
(2) At Expiratim or Termination of ase: Upon expiration or
termination of this Agreement, PCS shall, at no cost to OWNER, remove the
tower and all of its other property from the LEASED AREA unless OWNER
directs otherwise to PCS. If the termination or expiration of this Lease occurs
before an extension into the eleventh lease year (See Section 3 (C)), and if
OWNER elects to acquire ownership of the tower, Owner must pay to PCS the
then depreciated book value of the Tower. If this lease expires or is terminated
after the Lease is extended into the eleventh lease year per Section 3 (C), OWNER
may direct to PCS that PCS shall not remove the tower from the LEASED AREA,
whereby Tower shall thereby automatically, at no cost to OWNER, become the
sole property of OWNER, and PCS, upon removal of all of its other property from
the LEASED AREA, shall then have no further duty or responsibilities with
regard to the tower.
(3) Third Party Licensees: Each license from PCS to each third party
shall specifically require that at the end of this Lease each third party shall
immediately remove all of its property from the LEASED AREA. All property
removed by PCS or third party shall be removed by or on behalf of its then owner
without delay and at no cost to OWNER. Removal of all property by or on behalf
of PCS and each third party licensee shall be done in a workmanlike manner and
the LEASED AREA shall be restored by PCS to its original condition, normal
wear and tear excepted. OWNER may, however, then grant to a respective third
party a license to remain on the Tower and/or the LEASED AREA, in which event
the property of the third party licensee may remain in accord with such license.
(4) Bill of Sale: In the event that OWNER desires to acquire ownership
of the tower, for record keeping purposes and County property inventory control
purposes, PCS will, at no cost to OWNER, convey to OWNER a Bill of Sale for
the Tower. Absent a controlling law to the contrary, failure to convey the Bill of
Sale shall not, however, affect the total automatic transfer of title to the Tower to
OWNER.
Early Termination Of This Lease By PCS.
If any of the following events (paragraphs A through E) occur, PCS has the
right to immediately terminate this Lease by giving written notice to OWNER of
such termination before three hundred and sixty-five (365) days of the
Commencement Date.
A. PCS determines, in its sole discretion, that it will be unable to obtain
all necessary Governmental Approvals for PCS' intended uses of and
improvements to the LEASED AREA as desired by PCS; or,
B. PCS' application for any Governmental Approvals necessary for
PCS' use of the LEASED AREA and/or TENANT'S Property and improvements
desired by PCS is denied; or
C. Any Governmental Approvals necessary for PCS' use of the
LEASED AREA and/or improvements to the LEASED AREA, whether now or
hereafter desired by PCS, have been canceled, have expired, have lapsed or have
otherwise been withdrawn, terminated or denied so that PCS, in its reasonable
judgment, determines that it will no longer be able to use the LEASED AREA for
PCS' intended uses; or
D. The Federal Communications Commission ("FCC") allocates the
frequencies at which PCS may operate the subject antennas and related equipment
and may from time to time change such frequencies. Any change of this nature
that, in PCS' reasonable judgment, renders its operation of a wireless
communications facility at the LEASED AREA obsolete; or
E. If PCS determines that the LEASED AREA has become unsuitable
for PCS' operations due to changes in system design or network design or in the
types of equipment used in such operations, or PCS' operations at the Property
• become unprofitable.
F. Any timely termination notice delivered to OWNER by PCS shall
cause this Lease 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 Lease
and the parties shall make an appropriate adjustment, as of such termination date,
with respect to payments due to the OWNER under this Lease.
G. OWNER shall have at its sole discretion the option of terminating
this LEASE if PCS conclusively and finally loses its license from the FCC to
provide PCS/cellular services for any reason, including, and not limited to, non-
renewal, cancellation, or expiration of the license. If the loss of the license is not
due to any fault of PCS, and OWNER desires to own the tower and/or other
facilities, OWNER shall pay to PCS the then depreciated book value of the tower
(and any other facilities that may be conveyed by agreement between PCS and to
OWNER). If the loss of that license is due to the fault of PCS, including non-
feasance, such loss of the license shall, at OWNER's election, forfeit the tower to
OWNER. OWNER may terminate this Lease if PCS does not in good faith make
and continue to pursue all reasonable efforts to obtain all required permits and
construct the planned tower and all necessary related facilities.
6. Assignment And Subletting.
A. Except to a "Partner Company," "Affiliate," "Subsidiary" or a
• Subsidiary or Affiliate of a Partner Company of PCS (as defined below), PCS
shall not assign this Lease, or allow it to be assigned, in whole or in part, by
operation of law or otherwise. PCS shall not mortgage or pledge this Lease or any
of TENANT's property, or any part thereof, nor sublet any part of the tower or
• other of TENANT'S Property without the prior written consent of OWNER, which
consent shall not be unreasonably, withheld or unreasonably delayed. Any
assignment or other transfer not authorized by OWNER shall be void ab initio.
B. NYNEX, Bell Atlantic, AirTouch Communications, and U.S. West
are each currently a Partner Company of PCS. As used in this Lease, an Affiliate
of any entity is any corporation fifty-one percent (51%) or more of the stock of
which is owned, directly or indirectly, by such entity. A Subsidiary of an entity is
any corporation eighty percent (80%) or more of which is owned by such entity.
C. No consent by OWNER to any assignment, lease, sublease or any
other transfer by PCS shall relieve PCS of any obligation to be performed by PCS
under this Lease, whether arising before or after the assignment, sublease or other
transfer. The consent by OWNER to any assignment, sublease, or other transfer,
shall not relieve PCS from the obligation to obtain OWNER's express written
consent to any other or subsequent assignment(s), sublease(s) or other transfer(s).
It is contemplated by OWNER and PCS that PCS will license space on the tower
for installation of antennas by third parties, and that PCS may license space on the
ground to third parties for location of their equipment related to their antennas
installed on the tower.
D. Any sale or other transfer, including by consolidation, merger or
reorganization, of a majority of the voting stock of PCS (if PCS is then a
. corporation) or any sale or other transfer of a majority interest (whether of profits,
losses, capital, or voting power) or a majority of the persons composing the
managers of the partnership (if PCS is then a partnership), shall not be an
assignment for purposes of this Section 6.
7. Utilities.
PCS shall be responsible directly to all serving entities for all utility
services used at the LEASED AREA. OWNER agrees to cooperate with PCS in
its efforts to obtain utilities from any location provided by the OWNER or by any
other servicing utility.
8. Indemnification, Insurance, Assumption Of Risk.
A. Subject to Paragraph 8.E., PCS hereby agrees to indemnify and hold
OWNER harmless from and against any and all claims of liability for personal
injury or property damage to the extent that they result from or arise out of: (i) the
acts or omissions of PCS, its agents and employees in, on or about the LEASED
AREA and/or the easement access area, excepting however, such claims or
damages as may be due to or caused solely by the acts or omissions of OWNER,
its employees or agents; and/or (ii) PCS' breach of any term or condition of this
Lease on PCS' part to be observed or performed.
B. To the extent then allowed by law, and subject to Paragraph 8.E.,
41 and
hereby agrees to indemnify and hold PCS harmless from and against any
and all claims of liability for personal injury or property damage to the extent that
they result from or arise directly out of. (i) the acts or omissions of OWNER, its
10
agents and employees in, on or about the LEASED AREA and/or access easement
• area, excepting, however, such claims or damages as may be due to or caused
solely by the acts of PCS, its employees or agents; and/or (ii) OWNER's breach of
any term or condition of this Lease on OWNER's part to be observed or
performed.
C. PCS shall provide OWNER with a certificate of insurance, issued by
an insurance company licensed to do business in the State of Florida proving that
PCS then carries comprehensive general liability insurance with limits of liability
thereunder of not less that One Million Dollars ($1,000,000.00) combined single
limit for bodily injury and/or property damage together with an endorsement for
contractual liability. Such insurance shall name OWNER as an additional insured
with respect to the LEASED AREA and with respect to PCS' Property. PCS will
provide OWNER with a renewal certificate within ten (10) business days of
OWNER's request for such certificate. Any insurance required to be provided by
PCS under this Paragraph 8 may be provided by blanket insurance policy covering
the LEASED AREA and PCS' Property mid other locations of PCS, provided such
blanket insurance policy complies with all of the other requirements of this Lease
with respect to the type and amount of insurance required. PCS may also fulfill its
requirements under this Section 8 through a program of self-insurance. If PCS
elects to self -insure, then PCS shall furnish OWNER with a letter stating that said
self-insurance program then in effect provides for coverage equal to or greater
than that required of PCS herein by private insurance. OWNER cannot be certain
that the specific insurance requirements specified in this Lease will be adequate
. with the passage of time; therefore, OWNER reserves the right to reasonably
amend the insurance requirements by issuance of Notice in writing to PCS,
whereupon receipt of that Notice PCS shall have sixty (60) days in which to obtain
the required additional insurance, unless, for good cause, OWNER requires that
such insurance be acquired in less than sixty (60) days.
D. OWNER shall provide PCS with a certificate of insurance, issued by
an insurance company licensed to do business in Florida indicating that OWNER
carries comprehensive general liability insurance with limits of liability thereunder
of not less than One Million Dollars ($1,000,000.00) combined single limit for
bodily injury and/or property damage, together with an endorsement for
contractual liability. OWNER will provide PCS with a renewal certificate within
ten (10) business days of PCS' request for such certificate.
E. Each such policy described in either paragraph (C) or (D), above,
shall be written so as to provide that the insurance company waives all rights of
recovery by way of subrogation it may have against OWNER or PCS in
connection with any loss and/or damage covered by such policy. The OWNER
and PCS agree and hereby release each other with respect to any claim (including
a claim for negligence) which the other party may have against such party for loss,
damage or destruction of, or liability for damages to, the LEASED AREA and/or
TENANT'S property occurring during the term of this Lease, as same may be
extended, and normally covered under a fire insurance policy with extended
coverage. Notwithstanding anything contained in this Lease to the contrary, the
. provisions of this Paragraph 8.E. shall control.
F. ASSUMPTION OF RISK BY PCS. PCS accepts the LEASED AREA
as is." PCS, for its officers, agents, affiliates, contractors, materialmen, suppliers,
laborers, and employees (collectively "PCS" for the purposes of this Section 8)
hereby undertakes and assumes all risk of dangerous conditions, if any, on the
LEASED AREA and on the access easement area, and hereby agrees to indemnify
and hold harmless OWNER and all Users against and from any claim asserted or
liability imposed upon OWNER or any User for personal injury or property
damage to any person (other than from OWNER's gross negligence) arising out of
the PCS' installation, operation, maintenance, condition or use of the LEASED
AREA and/or the access easement area, or PCS' failure to comply with any
federal; state or local law, ordinance, rule or regulation.
PCS Defaults.
A. The occurrence of any one or more of the following events shall
constitute an "Event of Default" of this Lease by PCS:
(1) The failure by PCS to make any payment of rent as and when
due. Each rent payment shall be mailed to OWNER via certified mail, return
receipt requested, or by any other method where PCS is notified in writing by the
carrier that delivery of the rent to the OWNER has actually occurred. OWNER
shall have no duty or responsibility to notify PCS of any late payment or of the
fact that the payment was less than the full amount then due to OWNER except as
prerequisite to declaring PCS to be in default of this Lease.
(2) The failure by PCS to observe or perform any of the covenants
or provisions of this Lease to be observed or performed by PCS, other than as
specified in Paragraph 9.A. (1), where such failure shall continue for a period of
thirty (30) days after written notice thereof is received by PCS from OWNER;
provided, however, that it shall not be deemed an Event of Default by PCS if PCS
shall commence to cure such failure within said thirty (30) day period and
thereafter diligently prosecutes such cure to full completion.
(3) If PCS abandons or vacates the Property
(4) To the extent allowed by law, if PCS is adjudicated as bankrupt
or makes any assignment for the benefit of creditors; or if PCS becomes insolvent
or OWNER reasonably believes itself to be insecure.
B. If there occurs an Event of Default by PCS, in addition to any other
remedies available to OWNER at law or in equity, OWNER may elect to terminate
this Lease and all rights of PCS hereunder.
C. If there occurs an Event of Default by PCS, OWNER shall not have
the right, prior to the termination of this Lease by a court of competent jurisdiction,
to enter upon any of TENANT'S Property and/or remove persons or property from
TENANT'S Property, except as needed to accomplish emergency repairs.
D. In the event of a material default of this Lease by PCS, OWNER shall
have the right, at its option, in addition to and not exclusive of any other remedy
OWNER may have by this Lease or by operation of law, without any further
12
demand or notice, to either (a) declare this Lease at an end. If ordered by
OWNER, PCS shall immediately remove the tower and its property as specified
by OWNER, and PCS shall then pay to OWNER a sum of money equal to the total
of (i) the amount of unpaid rent, if any, then accrued through the date of
termination; (ii) the amount by which the unpaid rent reserved for the balance of
the term; and (iii) any other amount necessary to compensate OWNER for all
detriment proximately caused by PCS' failure to perform its obligations under the
Lease; or (b) without terminating this Lease, OWNER may relet the tower, for the
account of PCS upon such terms and conditions as OWNER may deem advisable,
and any moneys received from such reletting shall be applied first to the expenses
of such reletting and collection, including reasonable attorneys' fees, real estate
commissions paid, if any, and thereafter be applied toward payment of all sums
due or to become due to OWNER hereunder, and if a sufficient sum shall not be
thus realized to pay such sums and other charges, PCS shall pay OWNER,
monthly, any deficiency, notwithstanding that OWNER will have received rental
payments in excess of the rental to OWNER stipulated in this Lease in previous or
subsequent months, and OWNER may elect to bring an action therefor as such
monthly deficiency shall arise.
E. No re-entry and taking of possession of TENANT'S Property by
OWNER shall be construed as an election on OWNER's part to terminate this
Lease, regardless of the extent of renovations and alterations by OWNER, unless a
written notice of such specific intention is given to PCS by OWNER.
Notwithstanding any reletting without termination, OWNER may at any time
• thereafter elect to terminate this Lease for any such previous breach.
10. Notices.
All notices hereunder must be in writing and, unless otherwise provided
herein, shall be deemed validly given if sent by certified mail, return receipt
requested, addressed as follows (or to any other mailing address which the party to
be notified may designate to the other party by such notice) or by overnight
courier service. Should OWNER or PCS have a change of address, the other party
shall immediately be notified as provided in this Paragraph of such change.
Unless OWNER otherwise specifies in writing, rent checks from PCS shall be sent
to the person listed below to whom notices are sent.
PCS:
PRIMECO PERSONAL COMMUNICATIONS, L.P.
777 Yamato Road, Suite 600
Boca Raton, Florida 33431
Attn.: Property Manager
Telephone Number: (561) 995-5500
With a copy to: Edward Wholl, Esquire
Address: 8875 Hidden River Parkway, Suite. 350, Tampa, FL 33637
Attention: Legal Department
Telephone Number: (813) 615-4840
• OWNER: Collier County
Attention: Franchise Administration Coordinator
13
Address: 3301 East Tamiami Trail, Administration Building
First Floor
Naples, FL 34112
Telephone Number: (941) 774-8577
With a concurrent copy each to: (1) Office of the Collier County Attorney and (2)
Collier County's Real Property Management Department.
11. Sale Or Transfer Of The Leased Area By Owner,
The LEASED AREA is in a park. OWNER has no plans to sell or
otherwise convey away any part of or any interest in any part of the LEASED
AREA to PCS or any other person or entity. Should OWNER, at any time during
the life of this Lease, sell, lease, transfer or otherwise convey all or any part of the
LEASED AREA, to any transferee other than PCS, then such transfer shall be
under and, during the entire term of this Lease, shall be subject to this Lease and
all of PCS' rights hereunder.
12. Hazardous Substances.
A. OWNER has no knowledge that neither OWNER nor any other
person or entity has used, generated, stored or disposed of, or permitted the use,
generation, storage or disposal of any Hazardous Material (as defined in Paragraph
12.13, below) on, under, about or within any part of OWNER's Property in
• violation of any law or regulation. OWNER and PCS each agree that they will not
use, generate, store or dispose of any Hazardous Material (as defined in Paragraph
12.13, below) on, under, about or within OWNER's Property in violation of any
applicable law or regulation.
B. OWNER and PCS each agree to defend and indemnify the other and
the other's partners , affiliates, agents and employees against any and all losses,
liabilities, claims and/or costs (including reasonable attorneys' fees and costs)
arising from any breach of any warranty or agreement contained in Paragraph
12.A. As used in Paragraph 12.A, "Hazardous Material" shall mean any
substance, chemical or waste identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation (including petroleum and
asbestos).
13. Condemnation.
A. Whole Condemnation. Because OWNER is a governmental entity
and few condemnors have authority to condemn the LEASED AREA, it is
unlikely that the LEASED AREA will ever be condemned. If the LEASED
AREA, including without limitation any of TENANT's Property, shall be taken or
condemned, either temporarily or permanently, for public purposes, or sold to a
condemning authority under threat of condemnation to prevent taking, then this
Lease shall automatically terminate as of the date of the taking, condemnation, or
sale.
• B. Partial Condemnation. If any portion of the LEASED AREA shall
be taken or condemned, either temporarily or permanently, for public purposes, or
14
sold to a convening authority under threat of such condemnation to prevent taking,
then OWNER agrees that PCS may use and/or construct upon an alternative
portion of OWNER's Property that is suitable for PCS' purposes, provided such
suitable space is available. The exact site to which PCS may relocate will be
determined by OWNER, and it may be any portion of OWNER's Property (or
other property owned or controlled by OWNER), provided PCS approves the new
site as being suitable for PCS' intended uses. OWNER will designate a site to
which PCS may relocate prior to the taking, condemnation or sale. In the event no
alternative portion of the OWNER's Property is suitable for PCS' purposes, then
this Lease shall forthwith automatically terminate as of the date of the taking,
condemnation or sale.
C. Condemnation Award. OWNER shall receive the entire
condemnation award for the land and all other improvements as were paid for by
OWNER. PCS hereby expressly assigns to OWNER any and all right, title and
interests of PCS now or hereafter arising in and to any such award. PCS shall
have the right to recover from the condemnor, but not from OWNER, any
compensation as may be awarded to PCS on account of the taking of its leasehold
interest, moving and relocation expenses, and depreciation to and removal of
personal property and fixtures of PCS from the LEASED AREA.
14. Liens.
PCS shall keep TENANT's Property free from any liens arising out of any
work performed, materials furnished, or obligations incurred by or on behalf of
PCS. PCS shall, within twenty (20) days following the imposition of any such
lien, cause the same to be released of record either by payment thereof or by
posting of a proper bond in accordance with Section 713.24, Florida Statutes. No
work which OWNER performs or has performed within the LEASED AREA shall
be deemed to be for the use and benefit of OWNER so that no mechanics or other
lien shall be allowed against the estate of OWNER by reason of OWNER's
consent to any such work. OWNER may, at its election, post notices in the
LEASED AREA advising that OWNER it is not responsible for payment for any
such work.
15. Fire And Other Casualty Damage To Facilities.
If the tower and/or related facilities is/are totally or substantially destroyed
by an act or occurrence beyond the control of PCS, PCS may terminate this Lease
effective on the date of such occurrence, or PCS may elect to rebuild the tower or
construct a similar tower. If PCS elects to terminate this Lease under this
provision, any unearned rent for the remainder of that lease year shall be refunded
by OWNER to PCS provided PCS has not otherwise breached this Lease to the
monetary detriment of OWNER or to any User. If PCS elects to rebuild the tower
(or construct a new tower) the annual rental shall be reduced to $100.00 per month
for only the ninety (90) days following the damage date occurrence, at which time
the prior existing annual rent shall automatically recommence.
16. Taxes.
15
• A. This is a net -net Lease as to OWNER. PCS shall be liable for and
shall pay to the applicable taxing authority if billed directly to PCS, or to OWNER
if billed to OWNER, upon thirty (30) days prior written notice from OWNER, any
and all taxes and assessments levied against any personal property or trade or
other fixtures placed by PCS in or about the LEASED AREA.
B. OWNER's Property is not now subject to any real property taxes.
Nevertheless, PCS shall pay (as additional rent) real property taxes, if any, that
may be levied against the LEASED AREA and/or against OWNER's Property as a
result of this Lease and/or any improvements constructed on the LEASED AREA
by PCS and/or any licensees other than OWNER. PCS shall not be responsible for
any increases in real property taxes which are a result of tax assessment of
OWNER's Property due to improvements made by Owner or any third parties
acting under Owner.
C. If hereafter laws of taxation are altered so that if any new tax, any
payment "in lieu of ' or "as a substitute for" all or any portion of any taxes and/or
special assessments are imposed on any of the tangible and/or intangible property,
such obligations shall be assumed and be paid by PCS except any such payments
directly attributable to communications equipment installed on the site by
OWNER or through OWNER. This assumption shall not preclude PCS from
contesting any and all such obligations.
17. Quiet Enjoyment And Non -Interference.
A. OWNER warrants and agrees that PCS, upon paying the rent and
performing all covenants herein provided, shall peaceably and quietly have and
enjoy the LEASED AREA, EXCEPT OWNER CANNOT WARRANT OR
GUARANTEE TO PCS THAT INSTALLATION OF THE PLANNED
COMMUNICATIONS TOWER AND/OR ITS RELATED FACILITIES ARE
ALLOWED AND/OR PERMITTED USES OF THE LEASED AREA. It is
the opinion of the County Attorney and of attorneys for PCS that the planned uses
of the LEASED AREA, as expressed in this Lease, are allowed and permitted uses
of the LEASED AREA and are not in violation of any provision in the deed of that
area to the County, and are not in violation of any provision of the Planned Unit
Development (PUD) Ordinance that applies to the LEASED AREA. All risks of
"use" issues are hereby assumed by PCS. Subject to the foregoing, OWNER
warrants and agrees that OWNER is seized of good and sufficient title to and
interest in the LEASED AREA and has full authority to enter into and execute this
Lease and that OWNER knows of no liens, judgments or impediments of title on
the LEASED AREA Property that would affect this Lease.
B. OWNER hereby grants to PCS, as a primary inducement to PCS'
entering into this Lease, the first priority right to install its antennas and operate its
wireless communications facility on the LEASED AREA. From time to time
OWNER may grant to other entities a lease or license to install communications
towers and/or operate wireless communications facilities on OWNER's Property
and/or the right to install antennas in connection with the operation of such
. facilities or other communications facilities; provided, however, that OWNER
shall not allow the operation of any such facilities and antennas by others which
interfere with the operation of any antennas and/or equipment in the LEASED
16
AREA as it exists at the time of such other occupant's installation or as it may be
modified at any time during the term of this Lease, and as the same may be
extended. If any such interference occurs, OWNER . agrees to cause the
elimination of such interference with operations at the LEASED AREA within a
reasonable time after receipt of PCS' notice of such interference and, if necessary,
to cause the interfering party to modify or cease its operations. If such
interference continues for more than thirty (30) days after PCS' notice to OWNER
with respect to such interference, OWNER shall require the party causing the
interference to modify its use of or cease using such equipment which is causing
that interference.
C. PCS covenants and agrees that PCS' equipment, installation,
operation and maintenance at the LEASED AREA and same by any third party
licensee will not interfere with the operation of the OWNER's 800 MHz system or
OWNER's other transmitted or received radio signals. In the event there is any
such interference, PCS will promptly take all steps necessary to correct and
eliminate same within a reasonable period of time. If PCS is unable to eliminate
such interference caused by any such equipment, installation, operation and/or
maintenance at the LEASED AREA, PCS agrees to remove the offending antennas
from the LEASED AREA and, if the interference cannot be corrected to the
satisfaction of OWNER, this Lease shall terminate at the election of OWNER.
18. Estoppel Certificates.
A. OWNER, at the request of PCS, shall provide PCS with a certificate
is stating: (1) whether OWNER has any claim against PCS and if so, stating the
nature of each such claim; (2) that OWNER recognizes PCS' right to PCS'
antennas, equipment and other property at the LEASED AREA; (3) that PCS then
has the right to remove PCS' equipment and other property from the LEASED
AREA notwithstanding that same may be considered a fixture under Florida law;
and (4) that OWNER at the time of execution of the Estoppel Certificate has no
legal interest in and affirmatively disclaims any interest to PCS' equipment and
other property within the LEASED AREA.
B. PCS, at the request of OWNER, shall provide OWNER with a
certificate stating: (1) that this Lease is unmodified and in full force and effect
(or, if there has been any modification, that the same is in full force and effect as
modified (and shall state the modification(s)); (2) whether or not, to PCS'
knowledge, there are then existing any set -offs or defenses against the
enforcement of any of the agreements, terms, covenants or conditions hereof upon
the part of PCS to be performed or complied with (and, if so, specifying each of
the same); and (3) the dates, if any, to which rent has then been paid in advance.
19. Miscellaneous Provisions.
A. BROKERS. OWNER and PCS represent to each other that they have
not negotiated with any real estate broker in connection with this Lease.
B. ENTIRE AGREEMENT. This Lease, including attached exhibits
which are hereby incorporated by reference, incorporates all agreements and
understandings between OWNER and PCS, and no verbal agreements or
17
understanding shall be binding upon either OWNER or PCS. Any addition,
variation or modification to this Lease shall be ineffective unless made in writing
and signed by both of the parties.
C. CONTINUED COMPLIANCE WITH ALL APPLICABLE RULES.
OWNER agrees that the LEASED AREA complies with and during the term of
this Lease shall continue to comply with all building, life/safety, disability and
other laws, codes and regulations of any applicable governmental or quasi -
governmental authority. Correcting any such non-compliance shall be
accomplished at no cost or expense of PCS.
D. CONTROLLING LAW. This Lease and all license agreements and
other agreements related hereto and the performance hereof shall be governed,
interpreted, construed and regulated by the laws of the State of Florida. Any
lawsuits that may be brought to enforce any part of this Lease, including any claim
for damages, shall be brought in Collier County.
E. SUCCESSORS AND ASSIGNS. This Lease, all licenses, and all other
directly related agreements shall be binding and inure to the benefit of the parties,
their successors and/or assigns. This Lease, and each and every covenant and
condition herein, is intended to benefit the LEASED AREA and shall extend to
and bind all successors and assigns of the respective parties.
F. NON-TECHNICAL READING OF TERMS AND CONDITIONS. All
provisions hereof shall be construed as both covenants and conditions, the same as
if the words importing such covenants and conditions had been used in each
separate paragraph. No distinction between a condition, a term, a promise or a
covenant is intended.
G. NEUTRAL CONSTRUCTION. Each party has had an opportunity to
review and negotiate this Lease and have executed this Lease only after such
review and negotiation. The language of each part of this Lease shall be construed
simply and according to its fair meaning, and this Lease shall not be construed
more strictly in favor or against either party.
H. ALL OTHER INTERESTS SUBORDINATE. This Lease and all of
TENANT's property at the LEASED AREA shall during its life always be
superior to any mortgage and any other pledge by OWNER and by PCS. OWNER
and PCS shall at no cost or expense to the other, execute whatever subordination
agreements and/or other instruments as may be required by the other to evidence
each subordination. PCS hereby promises that as of the date of execution of this
Lease there is no deed of trust, mortgage, or other any other encumbrance
affecting this Lease or any property of PCS that may be placed within the
LEASED AREA. OWNER promises that there exists no mortgage, deed of trust,
or other encumbrance or pledge by OWNER that is superior to PCS' Leasehold
interests in this LEASE, and that OWNER shall not knowingly enter into or suffer
any such encumbrance to become superior to any of PCS' interests under this
Lease. The only possible exception to this promise by OWNER could be an
is
encumbrance that is not avoidable by OWNER as a matter of law.
18
I. ATTORNEYS' FEES. If either party institutes any action or
proceeding in court to enforce any provision hereof, such as an action for damages
for any alleged breach of any provision hereof, then the prevailing party in such
action or proceeding shall be entitled to receive from the non -prevailing party such
amount as the court may adjudge to be reasonable attorneys' fees for the services
rendered to the prevailing party, together with its other reasonable litigation
expenses.
J. FAILURE TO CURE CURABLE BREACH. If either party breaches
this Lease in any manner and fails to commence to cure such breach within thirty
(30) d4ys after receiving a written notice from the other party exactly specifying
the violation (or if the breaching party fails thereafter to diligently prosecute the
cure to completion), then the non -breaching party may enforce each of its rights
and remedies under this Lease or provided by law or it may (although it shall not
be obligated to do so) cure that breach or perform the breaching party's
obligations (on the breaching party's behalf and at the breaching party's expense)
and require the breaching party to reimburse all reasonable expenses incurred in
doing so, plus interest (from the date such expenses are incurred until
reimbursement) at twelve percent (12%) per annum.
K. SEVERABILITY. If any portion of this Lease is declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion shall be
deemed modified to the extent necessary in such court's opinion to render such
portion enforceable and, as so modified, such portion and the balance of this Lease
shall continue in full force and effect.
L. INJUNCTIONS AND EQUITABLE RELIEF. In addition to all other
remedies provided for in this Lease, OWNER and PCS shall be entitled to
immediate restraint by injunction (or any other appropriate equitable remedy) of
any violation of any of the covenants, conditions or provision of this Lease.
M. CAPTIONS. The captions of the paragraphs used in this Lease are for
convenience of reference only and shall not affect the interpretation of this Lease.
N. EXISTING LIGHT POLE. The subject Tower will be installed in a
location so as to replace an existing light pole at a ball field. The existing light
pole shall be removed from the ground by PCS and shall be left on the ground to
be moved by OWNER. At no cost to OWNER, PCS will install light fixtures on
the Tower to take the place of the now existing lights. Such lights shall be
installed at the same height as the existing lights. After installation, OWNER shall
be responsible for the maintenance, repair and replacements of the light fixtures.
O. GOVERNMENT APPROVALS BY PCS. OWNER acknowledges that
PCS' ability to use the LEASED AREA and TENANT'S Property for its intended
purposes is contingent upon PCS' obtaining and maintaining, both before and
after the Commencement Date, all of the certificates, permits, licenses and other
approvals (collectively, "Governmental Approvals") that may be required by any
federal, state and/or local authority, including OWNER, for the foregoing uses and
improvements to the Property desired by PCS. OWNER agrees to cooperate with
PCS in PCS' efforts to obtain such Governmental Approvals and OWNER shall
19
take no action that would adversely affect PCS' obtaining or maintaining such
Governmental approvals.
P. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the
execution of this Lease, OWNER shall execute and deliver to PCS for recording a
"Memorandum of Lease Agreement" in the form of the attached Exhibit B.
END OF TEXT OF LEASE
IN WITNESS WHEREOF, OWNER and PCS have duly executed this Lease as
of the day and year first above written.
ATTEST:
ii/.
DWIGHT, E CROCK
CLERK'OF" CdURTS
By:
" Deputy Clerk
Approved as to Form and
Legal Sufficiency:
Thomas C. Palmer
Assistant County Attorney
STATE OF FL RIDA
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORJDA
By //���----
TIMOTHY HANCOCK, CHAIRMAN
PCS ("TENANT".)
PRIMECO PERSONAL COMMUNICATIONS,
L.P. a Delaware Partnership
By: /,/Print Name: /,/
Print I I Cwp l �
Title int f i z U
The foregoing Ground Lease was accknowleded before me this 16kLday
of i�r t �1997, by 1�c as the
�QC.LiCgl UVC Uel of Primeco Personal Communications, L.P., a
Delaware Partnership, who is personally known to me.
11.PY 148, e. v....q un! n uQN
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My Commission Expires:Ul�Q�
h: \agreements/2/4/97 gro un d 1 eas e-tc p
20
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OR BOOK PAGE
>•,xulBxT "412
Tract S-4, The Vineyards Unit 3, in accordance with and suoject to
the plat recorded in Plat Book 16 at Pages 2-5 , Pu„lic
Records Collier County, Florida rub]ect to the fo lowing covenants
and restrictions.
By delivery and acceptance of this deed of conveyance the
Grantor and Grantee respectively acknowledge for themselves and
their successors and assigns the following covenants and
restrictions which shall bind them, run with the land, and enure
to the benefit of all owners of tracts within The Vineyards Unit
3:
1. `.ne lands conveyed herein shall be used for public
school, park, recreation, open spice, and associated
purpvses,
2. The owners of Tracts S-3 and S-,4 (School Board and
Collier County) shall design a„d construct the roadway shown
as Arbor. Boulevard on the plat of The Vineyards VAt 3. Said
design of Amor Boulevard shall include a landscapable median
at the eastern intersect:.on with Vinevards Boulevard.
3. Tracts S-1 and S-2 shall have ingress and egress access
via the roadway shown as Arbor Boulevard on the plat of The
Vineyards Unit 3, subject to Collier County right-of-way
regulations.
4. All landscape easements shown on the plat she . be
installed, constructed, and landscaped by the Grantor or The
Vineyards Community Association, Inc., within 90 days From
the improvement of any parcel or tract abutting r. landscape
easement shown on the plat of The Vineyards Unit 3, but in
any event not later then two years from the recording of
theee restrictions in the Public Records of Collier County,
Florida. The design and landscaping wi`_.%in landscape
easements abutting ;Vanderbilt Beach Road as shown on the plat
of The Vineyards Unit 3 shall be subject to mutual approval
by the Grantor and the Owner of Tract S-3 (School Board)
prior to initial installation.
5. The Owner of Tract S-3 (School BoRrd' shall tie into the
master water management plan for The Vineyards PUD via Arbor
Boulevard and Vineyards Boulevard at no cost to the Grantor.
6. The water management requirements of Tract S-4 shall be
provided via a 3.5± acre lake to be designed, constructed,
and connected to the master water management plan of the
vineyards PUD at the expense of the owner of parcel S-4
(Collier County). The location of the 3.5± acre '-.As shall
be within the southerly 1200 feet of Tract S-4. t.:iy water
management requirements for either parcel S-3 or S-4 not met
by the 3.5+ acre lake shall be provided by the Grantor via
the master water management plan for the Vineyards PUD.
7. Any construction and use for the purposes of athletic
f3alds (football, baseball, soccer) shall be substantially
located within the nortnerly 950 feet of Tract S-4 and the
westezly 425 feet of Tract S-3 as shown on the plat of the
Vineyards Unit 3. The owneru of Tracts 6-3 and S-4 (School
lilt! 4F$ 11a01 34
JR BOOK PAGE
Board and Collier County) shall .lot light said athletic
fields for a period of five years from the first date of
recording of these restrictions in thy, public records of
Collier County, Florida.
S. The owner of Tract S-4 (Collier County) shall r. -t place
Tract S-4 in use for. public park purposes, with the exception
of the above referenced athletic fields and associated
facilities, for 30 months from the first date of recording of
these restrictions in the public records of collier County,
Florida.
9. The o'oners of Tract S-3 (School Board) and Tract S-4
(Collier County) shall case the western 425 feet of Tract
S-3 to be designed for joint use by said owners for athletic
fields, park and associated purposes. Additionally, the
owners of Tract S-3 (School Board) and Tract S-4 (Collier
County) shall cause those portions of Tract S-3 and S-4 which
are adjacent to and near the western terminus of Arbor
Boulevard as shown on the plat of the Vineyards Unit 3 to be
designed for joint use by said owners for the purposes of
ingress, egress, parking, and utilities necessary to serve
the entire requirements of both Tracts S-3 and s-4. To this
end, the owners of Tract F•!3 (School Board) and Tract S-4
(Collier County) shall be obligated to grant reasonable
easements for said purposes to each other to effectuate this
provision.
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RESOLUTION 97 - 2ss
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING THE LEASE
AGREEMENT BETWEEN COLLIER COUNTY AND PRIMECO
PERSONAL COMMUNICATIONS, L.P. FOR USE OF COUNTY -OWNED
PROPERTY AT THE VINEYARDS COMMUNITY PARK.
WHEREAS, PrimeCo Personal Communications, L.P., a Delaware Limited Partnership,
hereinafter referred to as "PCS", desires to lease a portion of the Vineyards Community Park,
located at 6231 Arbor Boulevard, Naples, Florida, in Collier County, a political subdivision of
the State of Florida ("Collier County"), in order to construct and operate one (1) monopole
communications tower not to exceed a height of one hundred twenty-five (125) feet above
ground level, exclusive of any antennas that may be installed thereon, plus antenna support
structures and/or related facilities to be constructed on the ground within the Leased Area. No
antenna installed on the tower shall exceed a height of one hundred forty (140) feet above ground
level; and
WHEREAS, the initial Lease term shall be for ten (10) years, with one (1) additional
renewal term of five (5) years; and
WHEREAS, the Lease terms were advertised pursuant to Section 125.35, Florida
Statues; and
WHEREAS, the Board of County Commissioners is satisfied that this leased area will be
used for PCS's use and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve! the attached Lease
Agreement, Exhibit "A", between Collier County and PrimeCo Personal Communications, L.P.,
a Delaware Limited Partnership.
2. The Chairman of the Board of County Commissioners of Collier County, Florida,
is hereby authorized to execute the attached Lease Agreement on behalf of the County.
This Resolution adopted this may of c+.c.s- , 1997 after motion,
second and majority vote.
ATTEST:
:DWIGHT ,E.'•'.,BROC°k-, Clerk
�60erk
Approved as to form
and legal sufficiency:
_rLw., C
Thomas C. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
IMOTHY . HANCOCK, Chairman