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Home My WebLink AboutPCS SITE AGREEMENTEffective 10-02-2001 AIETROPCS CALWORNMNLORIDA, INC. PCS SITE AGREEMENT Site Name _Hutchinson Island Club Condominium Association Metro PCS Site I. D. No. F 7247 SW393 Addreess_ _,,,10410 South Ocean Blvd. Jensen Beach, Florida 34957 A. Site, Us Pnwim: Owner leases to XletroPCS C Ayrnia/Florida, Inc., a Delaware corporation C'AMTRO PCS), the site described below: [Check qVqpiaP kec(VA ❑ Land consisting of approximately squam feet upon which METRO PCSwill construct its equipment base station ❑ Building interior space consisting of approximately square feet; Y Building exterior space for attachment of antennas or tower structure; Y Building exterior space for placement of base station equipment; ❑ Tower antenna space between the foot and foot level on the Tower; Y Space required for cable runs to connect PCS equipment and antennas, in the location(s) ("Site") shown on Exhibit A, together with a non-exclusive easement for reasonable access thereto for ingress and egress to the Site and to the appropriate, in the discretion of METRO PCS, source of electric and telephone facilities. The Site wM be used by METRO PCS for the purpose of installing, removing; seplar� modifying, mmn rig and operating; at its expense, a personal communications service system facility, including, without limitation, antenna equipment, cable wiring, back-up power sources (mcludmg generators and final storage tanks), related fixtures and, if applicable to the Site, an antenna structure (collectively the " PCSF, AMMO PCS will use the Site in a manner which will not unreasonably disturb the occupancy of Ownees other tenants. ALMO PC4will have access to the Site 24 hours per day, 7 days per week. METRO PCSis hereby given the right to survey, soil test, radio covenge test, and t D conduct any other investigations it deems necessary to determine if the Site is suitable for its use as intended by this anent. 2. Term, Renewal: The terms, of this :agreement (the "Initial Termis cPau6sp R encing on the date ("Commencement Date') both METRO PCS and Owner have executed this ement This Agreement will be automatically renewed ..- ��w^n; l terms (each a "Renewal Tenor")o ars each, cu s �l. provides Owner notice of intention not m renew not less tl one hundred (180) days prior to the expiration of the Initial Term or way Renewal Term. Should METRO PCS hold possession of the Site or any portion thereof after the date upon which the Site is to be swxendered, AM RO PCS shall become a tenant on a month -to -month basis upon a1i the terms, covenants, and conditions of this Agreement except those pertaining to the Agreement term. METRO PCSwill continue occupancy from month -to -month until terminated by Owner or.11IETRO PCSby the giving of thirty (30) days written notice to the other 3. ReaU Increases: Until the date that is 60 days after the issuance of a hmldiug pew rent will be a one -tithe payment of $1 the receipt of which Owner adlmowledges and a_r fundable $1,50D security deposit Thy rent wiD be paid in n y installments of $1500.00 (until increased as set forth herein), partial months to be prorated, in advance. The Rest payable hereunder shall be increased by four percent 4% commencing with the first anniversary of the Commencement Date and thereafter on each and every anniversary of the Commescement ate during the Initial Term and Each Renewal Term. 4. Tit! Quiet Possession. Owner represents and agrees (a) that it is the Owner of the Site; (b) that it has the tight to eater into this ..'agreement; (c) that the person signing this Agreement has the authority to sign; (d) that AM-IWO PCSis entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Tema so long as METRO PCS is not in default beyond the expiration of any at period; and (e) that Owner shall not have unsupervised access to the Site or to the PCSF. 5, A��m' M-Subletting METRO PCSwM not assign or transfer this :anent without the prior written consent of Owner, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, MMTRO PCS may assign without Owner's prior watten consent to any lender or mortgagee of the PCSF, party controlling, controlled by or under common control with ALMO PCSor to any party which acquires substantially all of the assets of ME72?O PCS. METRO PZSmay sublet the Site but shall remain fully liable w Owner under this Agreement 5. Notiee::aD notices must be in writing and are effective only when deposited in the U.S. mail, certified and postage prepaid, return receipt requested, or when sent via overnight delivery. Notices to METRO PCS are to be sent to: NletroPCS, 1401 NW 136th Avenue, Suite 304, Sunrise, FL 33323, Attention: Mike Haggerty with a copy bo Metro PCS Califamia lwida Inc., 8144 Waho Hill Lane, Suite goo, Dallas, 1X 75231. Notices to Owner must be sent to the address shown underneath Ownees si�auite 7. Metro PCS Iniptovennee AM-220 Ymay, at its expense, make such improvements on the Site, as it deems necessary fiam time to time for the operation of the PCSF. Owner agrees to cooperate with METRO PCSwith respect to obtaining any required zoning approvals or local, state, or governmental permits required for MMO PCS'use and occupancy of the Site and such improvements. Upon termination or expiration of this Agreement, METRO .PCS may remove its PCSF and unprovements and will restore the Site to substantially the condition existing on the Commencement Date, except_ for ordinary wear and tear and casualty loss. All METRO PC SPCSF shalt temain the prop" of MEMO PC5and are not fly. In ccinnectim with METRO PC4's financing ma%emwn, Owner waives my landlords lien on the PCSF; agrees the PCSF may be removed by METRO PCSwixhout the need for legal proceedings; and agrees the PCSF shall be exempt from distress, execration, levy and/or sale for unpaid rent Owner agrees to execute reasonable documentation to this effect upon request of METRO P09 S. Compliance: Owner represents that Owner's property (including the Site), and all improvements located thereon, are in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicahle governmental authorities. ME"IA'O PCS will substantially comply wath all applicable laws relating to its possession and use of the Site. 9. METRO PCS will resolve technical interkrence problems with other equipment Iocated at time Site as of the C onanaencenxsnt Date or any equipment drat becomes attached to the Site at any future dare when hMTRO PCS deaires to add addinoaml Effective 10-02-2001 • • equipment to the Site. Mewise, Owner will not permit or suffer the installation of any firture equipment, which (a) results in technical interference problems with METRO PCS'sthen existing equipment or (b) encroaches onto the Site. 10. UtOitles: Owner represents that utilities adequate for METRO PGS's use of the Site are available. METRO PLSwh11 pay for all utilities used by it at the Site. Owner will cooperate with MU MO PCS in METRO PCS's efforts to obtain utilities from any location provided by Owner or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. IL Termination: METRO PCS may terminate this Agreement at any time by notice to Owner without further liability if METRO PCS does not obtain all permits or other approvals (collectively, "approval') required from any governmental authority or any easements required from any third party to operate the PCSF, or if any such approval is canceled, expires or is withdrawn or terminated, or if Owner fails to have proper ownership of the Site or authority to enter into this Agreement, or if METRO PCS, for any other reason, in its sole discretion, determines that it will be unable to use the Site. Upon termination, all prepaid rem will be retained by Owner unless such tern nation is due to Owner's failure of proper ownership or authority, or such termination is a result of Owner's default and neither party will have any further liability to the other except METRO PGS'responsmbiility of removing all of the PCSF from the Site and any term or conditions of this Agreement that survive the termination of this Agreement 12. Default Provision: If either party is in default under this Agreement for a period of (a) fifteen (15) days following receipt of notice from the non -defaulting party with respect to a default which may be cured solely by the payment of money or (b) thirty (30) days following receipt of notice from the non -defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non -defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement If the non -monetary def hilt may not reasonably be cured within a 30-day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30-day period and proceeds with due diligence to fully sue the default 13, Indemnities: Owner and METRO PCS each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use and/or occupancy of the Site by the indemnifying party. This indemnity does not apply to any claims arising from the sole negligence or intentional misconduct of the indemnified party. The indemnity obligations under this paragraph will survive termination of this Agreement 14. Hazmdoms Substances: Owner represents that it has no knowledge of any Environmental Pollutants, as defined herein, on the Site that is in violation of any Applicable Environmental Law, as defined herein. In addition, Owner warrants and represents that it will not use, generate, store or dispose of any Environmental Pollutants on, under, about or within the Site in violation of any Applicable Environmental Law. METRO PCS will not introduce, dispose of or use any Environmental Pollutants on the Site in violation of any Applicable Environmental Law. "Environmental Pollutants" means all hazardous or toxic substances so listed in Applicable Environmental Law, including without hmniation, hazardous materials, petroleum, asbestos and nuclear waste "Applicable Environmental Law" means federal, state, or local laws and regulations pertaining to hazardous, toxic or polluting substances, including but not limited to CERCI A and RCRA_ Each of Owner and METRO PCY agree to indemnify and hold harmless the other party and its agents, employees, successors and assigns, from any and all claims, damages, fines, penalties, judgments, costs and liabilities (collectively "Losses") arising out of or related to any breach or inaccuracy contained in this Paragraph 14, except Losses caused solely by such party's own use, spill, discharge, release or deposit of Environmental Pollutants on the Site. Such Losses shall include reasonable attorney's fees, consultant and laboratory fees and costs; investigation and assessment expenses; cleanup and remediation expenses; expenses associated with discharging any hens. The provisions of this Paragraph 14 shall survive the termination of this Agreement 15, Subordination. Non -Disturbance: This Agreement is subordinate to any mortgage or deed of trust now of record against the Site. However, promptly after the Agreement is fully executed, Owner will use diligent efforts to obtain a non -disturbance agreement reasonably acceptable to METROPLSfiom the holder of any such mortgage or deed of trust 16, Taxes: METROPCSwill be responsible for payment of all personal property taxes assessed directly upon and arising solely from its use of the PCSF on the Site. METRO PCS will pay to Owner any increase in real property taxes attributable solely to any improvements to the Site made by METRO PCS within sixty (60) days after receipt of satisfactory documentation indicating the calculation of AdMWO PCs's pro-rata share of such real estate taxes and payment of the real estate taxes by Owner. Owner will pay when due all other real estate taxes and assessments attributable to the property of Owner of which the Site is a part 17. Insurance Considerations: METRO PCS will procure and maintain, throughout the term of this Agreement, commercial general liability insurance, with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to Owner within thirty (30) days of written request Owner shall maintain, throughout the term of this Agreement; commercial general liability insurance, with limits of not leas than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability with a certificate of insurance to be famished to MEMO PCSwithin (30) days of written request In addition, Owner shall maintain, throughout the term of this Agreement, "All Risk" property coverage, including coverage for fires extended coverage, vandalism and malicious mischief on the Site in an amount not less than 100% of the full replacement cost of Owner's improvements on the Site (excluding, however, the PCSF and property of other tenants). Each policy required under this Paragraph 17 will provide that cancellation will not occur without at least thirty (30) days prior written notice to the other party. I.S. Maintenance: METRO PCSwilI be responsible for repairing and maintaining the PCSF and any other improvements, including any antenna or tower structure, installed by MEMO ARCS at the Site in a proper operating and reasonably safe condition; provided, however if any such repair or maintenance is required due to the acts of Owner, its agents or employees, Owner shall reimburse METRO PCS for the reasonable costs incurred by METRO PGSto restore the damaged areas to the condition which existed immediately prior thereto. Owner will maintain and repair all other portions of the property of which the Site is a part in a proper operating and reasonably safe condition If Owner is owner of the tower then, in that event, Owner acknowledges that it, and not METRO PGS, shall be responsible for compliance Effective 10-02-2001 • • with all tower marking and lighting requirements which may be required by the FAA or the FCC. Owner shall indemnify and hold harmless METRO MSfrom any fines or other liabilities caused by Owners failure to comply with such requirements. Further, should METRO PCS be cited by either the FCC or FAA because the tower is not in compliance within the time Name allowed by the citing agency, METROPGS may terminate this Agreement immediately upon notice to Owner, or, at AIMMOPQV option, cause the tower to comply with FAA or FCC requirements and Owner shall be responsible for reimbursing AW MO PGS for its actual, reasonable costs incurred to bring the tower into compliance with FAA or FCC requirements. 19. Condemmation or Casualty of Sire In the event that any government, public body, or other condemning authority shall take, or if Owner shall transfer in lieu of such taking, or if all or such part of the Site is damaged or destroyed making it physically or financially infeasible for the Site to be used in the manner intended by this Agreement, METRO PGSshan have the right to terminate this Agreement effective as of the date of the taking by the condemning party or the date of such damage or destruction and the rental shall be prorated appropriately. METRO PLSis entitled to pursue a separate condemnation award for the PCSF from the condemning authority, to the extent permitted by law, provided that no award to METRO MwID diminish any award to Owner. 20, Miscellaneous Matters: (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) this Agreement is governed by the laws of the state in which the Site is located (c) If requested by METRO PGS, Owner agrees promptly to execute and deliver to METRO PGSa recordable Memorandum of this Agreement in the form of Exhibit B; (d) this Agreement (including the Exhibits) constitutes the entire agreement between the parries and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties; (e) if arty provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, win not be affected and each provision of this Agreement will be valid and enforceable to the firmest extent permitted by law; (1) the prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non -prevailing party; (g) when under this Agreement the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld, conditioned, or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner, and (h) this Agreement may be prepared for execution by duplicate originals, each ofwhich constitute one in the same instrument. 21. Non-Blndmg Until Futly Executed: This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. The following Exhubits are attached to and made a part of this Agreement Exhibits A and B. 22. Govemim Ears yelm The validity, construction and effect ofthis Agreement shall be governed by the laws ofthe State ofRorida. Any claim, objection or dispute arising out ofthe terms of this Agreement shall be litigated in St LAicie County, Florida }FV7cHtNSoaJ 1SlA"rD Gt.ViS 0100'"1 Vn OSJ0r-(it TI o tt-J OWNER: Q U �O` •�� v By. 'IR Its: 1(tcrm Tax No.: 5rt - MD, Z C> 7 Address: \at to -,. Cce.e� t:244- Date: 5/Z7 JCX5 . MdmPCCS CaliforaialF➢orida,77IInc,,.,,�/aDelawarrel�c corporation Br Q, F�1 LOVIiY �" /yU1 lur�Kf O��r� s V 0 - CFO v Date: d Apach Exhibit A - Site Description and Exhibit B - Memorandum of PCS Site Agmetnent Effective 10-02-2001 0 • EXHIBIT A To MetroPCS California/Florida, Inc. PCS Site Agreement Site Name Hutchinson Island Club Condominium Association Site L D. FICP247 SW595 Site/Legal Description Site situated in the City of Jensen Beach, County of St Lucie, State of Florida commonly described as follows: Legal Description: Hutchinson Island Club Subdivison ID: 4511514 Sketch of Site: as Q I illy I o m L�@pp I�SC --- tp--- __--_—L_--- Q 9Q &w lstEM I � aQ ffrm��BBB Q rnL'TM 1} &R9QIG P69{ 7�(y�j¢9 r" OF UM ROID U-'MWd. � NQtF ®tl 10�- Owner Initials NWMO PCS Initials C9c L,M �� c Effective 10-02-2001 • 0 Note: Owner and METRO PCS may, at METRO PCS's option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is looted and/or an as -built drawing depicting the Site. This instrument prepared by: Michael Cbristiansen Mastriana & Christiansen 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 Return this instrument to: Michael Christiansen Mastriana & Christiansen 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 Do not write above this line - this space reserved for recording purposes EDIT B to Metro PCS Site Name Hutchinson Island Club PCS Site Agreement Memorandum of PCS Site Agreement Site L D. FTP247 SW595 This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated 2005, between ("Owner") and MetroPCS Californitmerida, Inc., a corporation ("METRO PCS"'). Such Agreement provides in part that Owner leases to METRO PCS a certain site ("Site") looted at _10410 S. Ocean Blvd., City of Jensen Beads, Coady ofSL Lrutie, State of Florida, within the property of Owner which is described m Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on 2005, which term is subject to four (4) additional five (5) year extension periods by METRO PCS. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. "OWNER" By: Name: Title: Address: Witnesses as to Owner. Printed Name: "METRO PCS" MetroPCS California/Florida, Inc., a Delaware corporation By: — Narne: Title: Address: Witnesses as to METRO PCS: „TiZ . ; M. Effective 10-02-2001 • Printed Name: Printed Name: OWNER NOTARY BLOCK: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this 2005, by a (AFFIX NOTARIAL SEAL) My won expires: METRO PCS NOTARY BLOCK: STATE OF _ COUNTY OF M day of Of (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC —STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: - The foregoing instrument was aclmowledged before me this 2005, by_ day of of MetroPCS Califomia/Florida, Inc., a Delaware corporation, who executed the foregoing matnrment on behalf of such corporation (AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC —STATE OF My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) r 0 This instrument prepared by: Michael Christiansen Mastriana & Christiansen 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 Return this instrument to: Michael Christiansen Mashima & Christiansen 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 Do not write above this line - this space reserved for recording purposes Site Name Hutchinson Island Club Condominium Association Site L D. Fi P247 SW599 Memorandum of PCS Site Agreement This memorandum evidences that a lease was made and entered into by written PCS Site Agreemem dated . 2005, betweentswcw vs aN is uar.•,o e-L g co -o® ,I Nl u n ('Owner") and MetroPCS California/Florida, Inc., a corporation ("METRO PC6". Such Agreement Provides in part that Owner leases to METRO PCS a certain site ("Site") looted at 10401 S. Occan Blvd., City ofJensen Beach, County of St Iuae, State of Florida, within the property of Owner which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on 2005, which term is subject to four (4) additional five (5) year extension periods byMETROPCS IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written "OWNER„ "METRO PCS" nv-r[.1i, w �ro 1S Lw>,•o L L Co nfA6M/ N 1 V r►'1 MotroPCS'rCaliforuif orida, Tue., a Delaware Name:corw•�•+w 4Wporaff lya 2 raw. ride: Address: .T, r%€)►tt ma, / Address: _l_4o t Qw 13t.T►+ �d P z'PUSEK aFAek Jul., 35(4'Sy fat �z NSg�y for W as as PCS: Printed Name: —DAY o J. 4t. 3iS7 e/DRC-�✓ GEw.I.f Printed Name:... ORNER NOTARY BLOCK: STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this 2005, by a (AFFIX NOTARIAL SEAL) My commission expires: METRO PCS NOTARY BLOCK: STATE OF k'4ott� a to COUNTY OF as day of corporation. (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC —STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: The foregoing instrument was acknowledged before me this 2005, b• foregoing instrument on (AFFIX NOTARIAL SEAL) Ni My commission expires: G - Zb - l al•lffivIM day of "mow. u ja a Of �ff'1