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HomeMy WebLinkAboutLEASE AGREEMENTp S ANNE® Ilan cl South Florida: v Site No.:. FL-258513 BY 4�5n Ty SitcNamc: :Hutchinsontsland St L (ilPi C®Uri}}y W �e� .. �I .. COMMUNICATIONS SITE LVIASF AGRFFMFNT (BUILDING) This Standard Budding Lease Agreement ("Agreement") is entered into this % day of(._s!r! 4t , 1991between THE 'PRINCESS CONDOMINIUM ASSOCIATION OF 1WtCHINSON iSLANA.INC , a Florida -not -for profit corporption, with an office at9650 S. Ocean Dr, Jensen Beach, Florida, 34957 CLessoe ), and NEXTEL SOUTH CORP, a Georgia corporation, Wd Nextcl Communications with an office at;s51� Trafalgar Court, Suite 300E &faiHand, FL 32151 ("Lessee") For goad acid valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ... 1. Ittrulses Lessons the owner of parcel off and (the .'Land") and building (the Building") located in the Village of Jensen Beach, County of St. Lucie, State of Florida commonly known as The Princess Condominium (theBlnlding and the Land are collectively, the "Property"). me Land. " is more particularly described i ' Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor approximately Four Hundred (4W) square feet of roofs ace on . the Building and ace cuher ad'acent to or on the roof of the building for Lessee's Communication F. g F... �. 1. g Equipment and up to twelve (12) Antennas and all access and utility casements if any, (collectively, the "Premises") as described in Exhibit B annexed hereto 2. Llm : The Premises maybe used by Lessee �i any activity in connection with the provision of communications services. Lessor agrees.to coopers{G with Lessee, at Lesseeexpense, in malting applies iion for and obtaining all licenses, permits and any and all other necessary approvals that may+ be. required for Lessee's'intended use of the Premises 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Property for the purpose of making appropriate engineering and poundarysurveys; inspections, soil test borings, other reasonably necessary. tests and constructing the Lessee Facilities (as defined in Paragraph 5(a) below). 4 rm. Me term of this Agreement shall:be five (5)years commencing .upon construction of Lessees facilities or One Hundred Eighty (IS days - days from final execution _of this Agreement, whichever first occurs ("Commencement Date') and terminating on the fifth, anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided in Paragraph 10, Lessee shall have the right to extend the Term for five (5) successive five (5):year periods (the "Renewal l emis j on the same terms and conditions as.setforth herein, This Agreement shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intcnHon notfo renew prior.to commencemeht'of the succeeding. Renewal Term. 5. Ren . Within 15 days. of the 'Comincncement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as 'rent O ...p pcir:month "Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be.increased at the beginning of an applicable renewal terns b twenty F g� g y PP Y Y(20).pereent of the rent for the term or previous renewal term Rent.shall be payable to Lessor atQ6: (O S. Ocean Dr., Jensen Beach, Florida, 34957; Attention: David J: Loughlrrt: ' 6. Facilities Utilifiest Aeeess: (a) Lessee has the right to erect, maintain Id operate on the Premises radio communications facilities, including without limitation an air conditioned equipment' room -on the roof of the Bniiding, utility lines transmission lines, electronic equipment radio transmiMng and receiving antennas :and. supporting equipment and structures thereto ("Lessee Facilities").' In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antennas -to the transmitters and receivers. All of Lessee's'eonstructI6 and installation workshall be performed at Lessees sole cost- and expense and in good and workmanlike manner. thfic to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee has the right to remove all :Lessee Facilities at its sole expense op: or before the expiration or earlier termination of the Agreerent; provided; Lessee repairs anydamage to the Premises caused by such removal: (b).: Lessee shall pay for the electricity it constimes in its operations at the rate charged by the servicing unbty:company. Lessee shall have the right to drain eleciricity and otherntilities from the existing utilities on the Property or obtain separate utility service from any utilitycompany that will vide service to the Pro . pro perty (including a standbypower generator for Lessee's exclusive use)E Lessor agrees to sign such documents'or casements as may be required'by said utility comlialnies to;pro4ide such service to the Premises, including the grant ao Lessee or to the servicing utility company at no: cost to the Lessee, of an easement in, over across or through the:Land as required by such servicing: utility company to provide utility services as provided herein; Any easement necessary forsucb.power or other utilities will beat a location acm+table•to Lessor. and the servicing utility company. (c) Lessee, Lessee's employees, agents :subcontractors, lenders and anvitces shall have access to the Promises without nofic notice.to. Lessor twenty- four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to,Lessee, and its agents, employees, contractors, guests. and invitees; a non-exclusive right andeasement for pedestrian and vehicular ingress and egress across that portion of the Land described in > ichibit B. (d). -Lessor shall maintain all access roadways] from the nearest public roadway to tlieiPreniises in a manner sufficient to allow pedestrian and vehicular:access at all times under notmai'weather donditions. Lessor shall be responsible for maintaining and; repairing such roadway, at its sole expense; except for any damage caused by Lessee's use of such roadways and/or parking lots. 7. Interference. (a) Lessee.shall operate -the Lessee Facilitfesiin:a wanner that will not cause interference to Lessor and other less ees:or.licensees of the Property,'proyidcd that their installations predate that of the Lessee Facilities: All operations by Lessee shall be in compliance with all Fedcral Communications Commission ("FCC°) requirements.. @) Subsequent to the. installation of the Lessee Facilities, Lessor shall pot permit itself, its lessees or licensees to install new egtupnreat on the Property or property contiguous thereto owned or controlled by Lessor, if such equipment is:likely to cause interference with L:essee's operations. Such interference shall. be, deemed a material breach.by Lessor. In the event interference occurs, Lessor agrees to take. all action necessary to eliminate such interfererec;'in a reasonable time period. 'In the event Lessor fails fo'cornply with this paragraph, Lessee may terminate: this, Agreement and/or pursue any other remedies available under this Agreement, at Is and/or arequity. - g. Taxes. If personal property'taxes are'assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes; assessments and deferred taxes on the Property. 9. Waiver ofhessor'sLien . (a) :Lessor waives any lien.rights it may have concerning the.Lessee Facilities which are deemed Lessee'spersonal property and not fixtures, and Lessee has the right to remove the same at.any tinie without Less6evconsent.; (b) Lessor acknowledges that Lessee has entered into a financing arrangement. including promissory notes .and financial and security agreements for the financing of the Lessee Facilities (the "Col lateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the'Gollateral; (ii).disclaims . . any interest in the Collateral, as fixtures or otherwise; and (M) agrees that the Collateral shall be exempt from execution, foreclosure,:salc, Ievy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings; 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows; (i) by either party upon a default of any covertant or term hereof by the'other party, which default is not cured tyithin sixty (60) days of reccipt t f written notice of . FC5t7SBRStirra_DHtN.Fr157'SL'i8tit\2585FDtL.00C; . _ I .. : 1' - .. ... • .. . aevifat 10l1N8 , . .. . Market: South Florida Site No.: FL-2585-B Site Name: Hutchinson Island default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (i) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early termination to Lessor no later than thirty(30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference. 11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. ' 12. Insurance Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00l100 Dollars (S1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor, at Lessor's sole cost and expense, shall procure and maintain on the Property, bodily injury and property damage insurance with a combined single limit of at least One Million Dollars ($1,000,000) per occurrence. Such insurance shall insure, on an occurrence basis, against liability of Lessor, its employees and agents arising out of or in connection with Lessor's use, occupancy and maintenance of the Property. Each party shall be named as an additional insured on the other's policy. Each party shall provide to the other a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. 13. Waiver of Subroeation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in Iorce at the time of any such damage. Lessor and Lessee shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy, Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Assienment and Subletting. Lessee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Lessor; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assuming all of Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 above. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed moneylor in respect of guaranties thereof, :(ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations un er or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof, 15. Warranty of Title and Oulet Enioyment Lessor warrants that: (i)Lessor is, per §718.111, Florida Statutes, the lawful representative of the unit owners who own the Property in fee simple and has rights of access thereto; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terns, covenants and conditions on Lessee's part to be observed and performed;1,6 scc may peacefully and quietly enjoy the Premises. Lessor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold interest. 16. R_ epatrs Lessee shall not be required to ntdke any repairs to the Premises or Property unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material (defined below) on, under, about or within the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor not, to Lessor's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lossor and Lessee each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates, agents and employees ngainst any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous vfaterial" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in�witich the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicnbte federal, state or local law or regulation. This paragraph shall survive the termination of this Agrcement. 1 18. Liability and Indemnity. Lessee shall indemnify and hold Lessor harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims) arising from the negligence or willful misconduct of Lessee or Lessee's agents or employees in or about the Property. Lessor shall indemnify and hold Lessee harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims) arising from the negligence or willful misconduct of Lessor or Lessor's agents, employees, licensees, invitees, contractors or other tenants occurring in or about the Property. The duties described in Paragraph 18 survive termination of this Agreement. 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any 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, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (d) Any notice or demand required to be! given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Lessor. The Princess Condominium 9630 S. Ocean Dr. Jensen Beach, Florida, 34957 Attn,: Building Manager Lessee: Nextel South Corp. 851 Trafalgar Court, Suite 300B Maitland, FL 32751' Attn.: Property Manager riIusaRs\srts_DMLEAsas:sa5-VCMtVa.Doc Re bal IWAS Market: South Florida -SiteNo.: FL-2585-D SiteNaine: ButchinsonIstand With a copy to: Nextel Communications,, Inc. 1505 Farm Credit Drive McLean, VA 22102 Attn.: Legal Dept, Contracts Manager Lessor or Lessee may from time to time designate any other address for this purpose by written notice to, the other party. All notices hereunder shall be deemed received upon actual receipt, f i (e) This Agreement shall be governed by t}rc laws of the State of Florida. (i) Lessor acknowledges that a Memorandllum of Agreement,in the form annexed hereto as Exhibit will be recorded by Lessee in the Official Records of the County where the Property is located. In the event the Property is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non -disturbance and attornment instrument for each such mortgage or deed of trust. t 4 (g) Lessee may obtain titleinsurance on its interest in the Premises. Lessor shall cooperate by executing documentation required by the title insurance company, (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement such party shall not unreasonably delay or withhold its Iapproval or consent. () All Riders and Exhibits annexed beretolform material parts ofthisAgreement. 0) This Agreement may be executed in duplicate counterparts, each ofwhich shall be deemed an original. 20. Markin and Llghtine Requirements; L or shall be responsible for compliance with all marking and lighting requirements of the Federal - Aviation Administration{"FAA") and the FCC. should Lessee be cited because the Property is not in compliance and, should Lessor fail to cure the conditions of noncompliance, Lessee may either temrinate this Agreement or proceed to cure the conditions of noncompliance at Lessor's expense, which amounts may be deducted from the Rent. IN WITNESS WHEREOF, the parties have ex cured this Agreement as of the date first above written. LESSOR. THE PRINCESS CONDOMINIUM ASSOCIATIO OF Signed, sealed and delivered in the presence of: HUTCHINSON' ISLAND'IN��CC'., appFlorida-not-for profit Corporation, __ Witness ^� Print.Name,( w.'/s1J % 1 PrtntName:� Dominick Albano �jl Title: President Witness: Print Nam' �C"✓G f C7111r "7, 4J r'✓e°v Tax IDit: 59-2512629 I STATE OF FLORIDA COUNTY OF / I&C.1 tt The foregoing instrument was acknowledged before me this Ap �a day of �le _, 199_P by Dominick Albano, as President of The Princess Condominium Association of Hutinson Island Inc., a Florida -not -for profit corporation, who is personally known to me or who has produced I as identification . i i WITNESS m hand and official seal. ar FE sqr t s azvd�s y ��; Drat � 8ondei 8l Sc w, c sns f,' m UDL�C Notary y� 'c Perm e:4 xr uxa Ot a to // t 11 Print Name � `" My commission expires:% 1/ (SIGNATURES CONTINUED ON FOLLOWING PAGE) ILA S sutrE_nevv:>:Asesusasutxsasrrirr.DOC 3 aMa�a rooms • I , Market.- South Florida Site No. FL-2585.13 Site Name: Hutchinson Island Signed, sealed and delivered in the presence of: witness e LESSEE: NEXTEL SOUTH CORP., a Georgia corporation, d/b/a Nextel Communications By: Print Name: Print Nate: • John Gafaro Witness G �J�� Title: Vice President Print Name: L QfXG�GGLG STATE OF COUNTY OF The foregoing instrument was ac knowledged beI fareme this- Z-� day of L �'lr':r�-^ i, 199�, by John Cafaro, as Vice President of Nextel South Corp., a Georgia ctilporalion, dlVa Nextel Communications who is personally known to me or who has produced as identification . M���� WITNESS my hand and/official official y�yrtV� iyy IsQ� 4 yP Print Name „ ! My commission expires: i I i RAUSERSISna DEVq ASFSL+58$-BUJ85FIkDDC Rtriud lWatiB 4 j Market; 'South Florida Site No.: FL-2565-B Sitc Name: I lutchinson island EXI1111IT A DESCRIPTION OF LAND to the Agreement dated 061; };ef ? t 199 _, by and betwcen THE PRINCESS CONDOMINIUM ASSOCIATION OF HUTCHINSON ISLAND INC., a Florida not -for -profit corporation, as Lessor, and NEXTEL SOUTH CORP., a Georgia corporation, d/b/a Nextel Communications as Lessee. The Land is described and/or depicted as follows: A portion Of the South 464.92 feet of the North 1,785.84 feet of fractional Section 2,.Township 37 South, Ratige 41 East, St. Lucie County, Florida, being more particularly described as follows; Beginning at the intersection of the Westerly right-of-way line of State Road n-1-A,, with the North- line of the South 464.92 feet of said fractional Section 2, run N 88°20129" E, along the North line of the South 464.92 feet of the North 1,785.84 feet of said Section 2, a distance of 610.34 .feet, more or less, to the high Water Line 'of theAtlantic Ocean; thence Southeasterly, mean- dering the High Water line of the Atlantic Ocean, a distance of 495 feet, more or ld'ss, to a point in the South line of the North 1,785'.84 feet of said Section 2; thence S 08020129" W, along said South line, a distance of 453 feet, more or less, to a point in the Easterly right -,of -way line of State Road A-1-A; thence N 22058901" W, along said Easterly right-of-way line, a distance of 171.,74 feet; thence] 5 03"20'29" W, a distance of 541.33 feet; thence N 12036107", W, a distance of 310.40 feet; thence N 08*20129" E, along the North line of the South 464.92 Peet of the North 1,785.84 feet:of said Section 2, a distance of 375.00 feet to the POINT OF BEGINNING. LESS AND EXCEPT the road right-of-way for State. Road A-1-A, a 100.00 foot road right-of-way. Said ,portion, (less road -right- of-way), containing 8.13 acres. ItWSER=Irr-DEVILEASM58S-aW 85LSEDOC R,,iud tol:NB Market: South Florida Site No.: F1.1585-U Site Namc: Ilutchinson Island RXIIH)ITI) I DESCRIPTION OF PRENIISES to the Agreement dated 0d,W; tf �:rt , 199�L by and between THE PRINCESS CONDOMINIUM ASSOCIATION OF HUfCHINSON ISLAND INC., a Florida-nol-for pfolit corporation, as Lessor, and NUXTEL SOUTH CORP., a Gcorgia corporation, dlb/a Nexicl Communications as Lessee.' i The Premises arc described and/or depicted as follows: i i N I" A4.4 E T`R:Y CAI A tirA,-nj 4114s - a.' ote 1) This Hxhibit maybe replaced by a land survey of the Premises once it is received by Lessee. 2) Setback oftbe Premises from (lie Land's boundaries shall be the distance required by the applicable governmental authorities. 3) width oracccss road simll,be the width required by the applicable governmental authorities,. including police and lire departments, 4) The type, number and mounlingpositions and locations ofanicnnas and transmission lines arc Illustrative only. Actual types, numbers, mounting positions may vary from what is shown above. uauseRs srre nn > nnscs� ses.omunscooc G Rt,ht d tanris Market: South Florida Site No.: fL-2585-B Sits Name: Hutchinson Island Paula Hickman, Esq. Nextel South Corp. 6700 N. Andrews Avenue, Suite 700 Ft. Lauderdale, FL 33309 RETURN TO: Alan Gabriel, Esq. 2455 East Sunrise Blvd., PHE Ft. Lauderdale, FL 33304 EXHIBIT C MEMORANDUM OFAGREEMENT This Memorandum of Agreement is entered intolon this day of ' , 199__, by and between THE PRINCESS CONDOMINIUM ASSOCIATION OF HUTCHINSON ISLAND INC., a Florida -not -for profit corporation, with an address at 9650 S. Ocean Dr., Jensen Beach, Florida, 34957 (hereinafter referred to as "Lessor") and NEXTEL SOUTH CORP., a Georgia corporation, dlb/a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to as "Lessee"). Lessor and Lessee entered into a Communications Site Lease Agreement ("Agreement') on the _ day of 199_, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. The term of the Lease is for five (5) years commencing on 199_,_, ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. The Land which is the subject of the Agreement is in County, Florida, described in Exhibit A annexed hereto. The portion of the land being leased to Lessee (the "I" mises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. I LESSOR: Signed, sealed and delivered in the presence of: Witness Print Name: Witness Print Name: I STATE OF COUNPY OF 1 `0 R E Y, II B IT ONLY - D 0 N 0T EXECU E Print Name Title: The foregoing instrument was acknowledged before me this day of 199_ by as of a who is personally known to me or who has produced as identification. WITNESS my hand and official seal. NotaryPublic Print Name My commission expires: (SIGNATURES CONTINUED ON FOLLOWING PAGE) n:tuseas�srrc DEV%EASEM5".VZ85 7NLDOC 7 Q. 1N I Market: South Florida ti Site No.:FL-2585-H Site Name: Hutchinson Island I LESSEE: Signed, scaled and delivered in the presence of: NEXTEL SOUTH CORP., a Georgia corporation &b1a Nextel Communications FOR FXHIBIT ONLY - D01NOT EXECUTE Witness Print Name: ! Print Name:.- John Cafaro Title: Vice President Witness Print Name: SPATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 199_, by .John Cafaro, as Vice President of Nextel South Corp., a Georgia corgioration, d/b/a Nextel Communications who is personally known to me or who has produced as identification. WITNESS my hand, and official seal. �. i Notary Public Print Name My commission expires i nwstotssrre Deco ansEseses•ausssrrnit me 8 Ravlue 1Trz