Loading...
HomeMy WebLinkAboutLEASE AGREEMENT10 RECEIVED AUG 01 201E ST. Lucie County, Permitting OPTION This Agreement made this between The Sands on the c Association Inc._, whose addres Florida, 34949, hereinafter MOSILITr INC, whose address is Florida 33487, hereinafter des LESSOR is the owner < building located at 310North AIA. St. Lucie County, State of Florida, Option to lease a portion of approximately 900 square feet prefabricated communications bui communications building and certai building for the mounting of variou to as "Property" and "Rooftop Spac Space are more particularly shown and made a part hereof. TENA nonexclusive right for ingress & Rooftop Space, parking area and el twenty-four (24) hours a day, in hours, for the installation, mai: TENANT's sole expense, of a PCs tra NOW, THEREFORE, in consid( (hereinafter be paid by TENANT to LESSOR, w execution of this Agreement, the right and Option to lease a including the nonexclusive right herein. The option may be exercised 1 SCANNFD St Cup e �nUnty day of l� , 1928_, Congress Avenue, Boca Raton, TENANT. certain real property and nd TENANT desires to obtain an id real property containing for the installation of a ing or construction of a positions on the roof of the antennas (hereinafter referred ). Said Property and Rooftop i Exhibit "A" attached hereto also desires to obtain a egress to the Property and ators, seven (7) days a week, uding during normal business :Hance and operation, all at mitting facility. Dn of a sum of 'red to as "Option oney" , to TENANT will provide upon its OR hereby grants to TENANT the Property and Rooftop Space, access thereto, for the term any time within twelve (12) months from final execution of this 1 At TENANT's election, and notification to LESSOR, the time d exercised may be further extended fc 'x 6 ith an addition by TENANT to LE extended. The t me during which the further extended by mutual agreemen Option period or during the term exercised and the LESSOR decides to status of the Property and Rooftop thereto, LESSOR shall immediately nc TENANT may take steps necessary to p Property and Rooftop Space. LESSOR covenants that LESSOR if title and interest to the Property authority to enter into and execute covenants that there are no other I of title on the Property and Rooftop This option may not be sola, time except, with prior written affiliates or subsidiaries of its E which TENANT is merged or consolide option may nbt be sold, assigned or consent of the LESSOR, such co withheld. Should TENANT fail to exerci thereof within the time herein li, granted hereunder shall be deemf option terminated, and LESSOR sha: option, and no additional money sh the other. The -LESSOR shall permit TENN ingress and egress to the Proper such surveys, roof inspections, subsurface borings, radio propagat similar nature, as TENANT may dee TENANT. If My of TENANT's suxv( testa or other activities indicate Rooftop Space in order to prep installation of TENANVO equipmer LESSOR and TENANT. LESSOR shall performed Cch repaire which may I the TENANT. In addition, TENANT applications for certificates, pex be required by any federal, stat n by LESSOR. ion TENART'a prior written :ing which the Option may be oae ( adds payment of �SOR for the Op os period so )ption may be exercised may be in writing. If during said if the Lease, the Option is subdivide, sell or change the Space or property contiguous .ify TENANr in writing so that otect TENANT's interest in the seized of good and sufficient nd Rooftop Space and has full :his Agreement. LESSOR further Ace, judgmente or impediments Space. fed or transferred at any e to TENANT'a principal, al or to any company upon As to other parties, this Eerred without the written not to be unreasonably this Option or any extension ed, all rights and privileges completely surrendered, this retain all money paid for the be payable by either party to during the option Period free and Rooftop Space to conduct structural strength analysis, f tests -and other activities of feessary, at the sole cost of , roof inspections, analysis, fat repairs are required to the e the Rooftop Space for the upon the mutual agreement of mfptly perform or cause to be necessary to meet the needs of ill have the right to file any :s and other approvals that may or local authorities. LESSOR 4. i agrees to cooperate with TENANT approvals and sign such papers applications with the appropriate a Notice of the exercise of the Yo the LESSOR, Jn writing by I requested. Notic shall be deem( posted. on the date of such notic take effect: LEASE 1. LESSOR hereby leases to real property ("Property") containin feet for the installation of a building or construction of a commc position on the roof of the bull: mounting of various antennae in ac shown on Exhibit "A" (attached bar Said Property and Rooftop Space are +^e Florida 34949 and LES: aoaexclueive right for ingress an Rooftop Space, parking area and ale twenty-four (24) hours a day, in( hours, for the installation, maint TENANP's sole expense, of the follo, associated antennae: A. Directional antenna and ub to three microwave dishes mi The antennas may be mounted at a e future so that the signals transW not be impeded by the Building c thereon. The exact location on the agreed upon by TENANT and LESSOR. TENANT may make such alterations necessary. TENANT and LESSOR agree Square feet of ground space adjace to be mutually agreed upon by MAN emergency generator, along with miscellaneous cables. Prior to ( TENANT shall submit detailed plans for its approval. LESSOR shall hav of T6NAN'r'e plan to review and ap) of LESSOR to notify TENANT within I constitute a waiver of LESSOR's shall be deemed approved. its efforts to obtain such may be required to file tion shall be given by TEWWT tified mail,' return recei t effective on the date it is the following Agreement shall !VM that certain parcel of >pproximately 900 square uefabricated communications cation building and certain g ("Rooftop Space") for the dance with Paragraph 1A, as > and made a part hereof). rated at i*Oo North AEA. Fort hereby grants TENANT the egress to the Property and tore, seven (7) days a week, ding during normal business ante, and operation, all at g PCs telephone equipment and system, associated equipment, anted upon the Rooftop apace. he ::tedc and rec ived thereby will any other structure mounted building roof will be mutually Subject to LESSOR`a approval, to said Rooftop Space as are to allow TENANT to. lease 200 t to condominium at a location 'and LESSOR for use of TENANP'S related wires, conduit and xmnencemant of any alteration if proposed alteration to LESSOR thirty (30) days after receipt rove same. Failure On: the a 1 he thirty (30) day period eh ichts hereunder and the plane B. One story prefabricated construction of a communications equipment to be installed or coc square feet of Property as inc hereto. Said alterations, furthe workmanlike manner and done so tl materialmen's liens will be permitt termination of this Lease, TENANT [ from the Property and Rooftop and removal. C. Flexible coaxial between the various antennae on equipment building located on the above. D. TENANT agrees to insi and frequency which will not caw tenants of the Property and Roofte installation. In the event TENANT's TENANT will take all steps necessary interference at its sole cost. Ll future tenant's use of the roof or a any current tenant's use of the roof cause the improper operation of TENA agrees not to lease any portion of t PCS communication facilities. S. LESSOR shall cool effort to obtain utility servic easements as may be required by shall furnish the Property and Rc sufficient for the operation of existing electrical facilities TENANT's equipment shall be made electrical lines, conduit, cire electrical facilities shall be in contractor of TENANT's choice a shall maintain said special elects risk and expense. E iications building or consisting of PCS radio l on approximately 900 on Exhibit W attached ce, are to be performed in a no mechanics', laborers' or on the building. Upon the 1 remove all of its equipment pair any damage done by said mission line shall be ran Rooftop Space and the radio artv referred to in lA and 1E al radio equipment of a type interference with existing Space at the time of such equipment causes interference, to correct and eliminate such ISOR agrees not to allow any Edition and/or modification to to cause interference with or r a equipment. LESSOR further e roof for placement of other with TENANT in TENANT's signing such documents or -utility companies. TENANT Space with electric service equipment. Any change in red to meet the needs of SANT's expense. Any special breaker switches or other ad by a qualified electrical TENANT's expense. -TENANT facilities at its sole cost, F. Any antenna to be in3talled upon the Rooftop Space subsequent to the initial installat on of the directional antenna system shall be subject to LESSOR'S prior written approval, which shall not be unreasonably withheld o delayed. LESSOR's failure to approve or disapprove any additiona3 items within thirty (30) days following the request therefor shall be deemed an approval. 2. LESSOR also hereby grantslto TENANT the right to survey said Property and Rooftop Space, and survey shall then become Exhibit hereto and made a part hereof, and discrepancies between it and Exhibit right to take measurements, make ca structures, setbacks, uses, or otk TENANT to be relevant and pertinent, LESSOR's real property, Ieased or ott the Property and Rooftop Space. Cost borne by the TENANT. 3. . This Agreement shall be _bCSiarking on the date the OE monthly notallments on t ce to The Sands on The a iation. Inc. or to such oth R may, from time to time, des days in advance of any rental 4. TENANT shall have the < four (4) additional five (5) year automatically occur unless TENANT its intention not to extend this months prior to the end of the cur S. The annual rental for eion term shall be increased to the eion t___ ___ >_ -_.-_____d to Ur, 6. If at the end of the extension term this Agreement has party by giving to the other writ terminate it at least six (6) months this Agreement shall continue in terms and conditions for a further annual terms` thereafter until termi to the other written notice of it least six (6) months prior to the e, for this period shall be equal to t of the fourth (4th) five (5) year ei 7. TENANT shall use the Pro) purpose of constructing, maintai communications Facility and uses it :he legal description on said o, which shall be attached hall control in the event of A'. LESSOR grants TENANT the culatione, and to note other r information as deemed by s such information relates to rwise abutting or surrounding for such survey work shall be an initial term of five (5) �, TENANT i eNT at n to be paid n .rat day of the month, in ion, term or piace as the in writing at least thirty t date. n to extend this lease for s, and such extensions shall as LESSOR written notice of Agreement at least six (6) term. fourth (4th) five (S) year :ot been terminated by either an notice of an intention to prior to the end of such term, ,rce upon the same covenants, :erm of one (IY year, and for ited by either party by giving intention to so terminate at .of much term. Monthly rental rent paid for the last month ension term. and Rooftop Space for the and operating a Mobile ml thereto, consisting of • the installation of a prefabricated construction of a one story commun PCS radio equipment on the Propert and associated equipment of the R( shall be at TENANT's expense. TO and Rooftop Space in a reasonable t agreed that TENANT's ability to use upon its obtaining, after the execu of the certificates, permits and required by any federal, state or cooperate w£th TENANT in its eff03 shall take no action which would ad property and Rooftop Space with res by TENANT. Notwithstandij(g any otl to TENANT under this Agreemeht, T] discretion, shall have the right t ninety (901 days prior written nc payment to LESSOR in an amount` ecp rate in effect at the time of tgrm exercise of its right to terminat writing by certified mail, return effective upon receipt of such At! the return receipt. All rentals shall be retained by the LESSOR Agreement shall become null and vol no further obligations, including other- e. TMUtNT shall indemnify an any claims of liability or loss fr damage resulting from or arising of the Property and Rooftop Space by agents, excepting, however, such cla or caused by the acts of the LESSOR, 9. LESSOR agrees that TEM Ioss or damage which could be cc public liability insurance policy. 10. TENANT shall be respons: returns for and paying any and all I or assessed against its improvement Space. TENANT shall reimburse LES increase in real estate taxes le: Rooftop Space which are directly a� constructed by TENANT and are not against TENANT's improvements by the 11. TENANT upon termination c a reasonable period, remove its per, the Property and Rooftop Space. I: C7 ;ommunications building or the ations building consisting of and the mounting of antennas !top Space. All improvements aT will maintain the Property (dition. It is understood and he Rooftop Space is contingent on date of this Agreement, all other approvals that may be ,cal authorities. LESSOR shall to obtain such approvals and rsely affect the status of the ct to the proposed use thereof c termination rights available EiT, at its sole !nd absolute terminate this Agreement.with .ce to LESSOR and a 1UM15 sum 6 to six months rental at the ation. Notice of the TENANT'S shall be given to LESSOR in !ceipt requested, and shall be by the LESSOR as evidenced by ,aid to said terneinationv'date Upon such termination, this and all the parties shall have he payment of money, to each hold LESSOR harmless against n personal injury or property of the use and occupancy of the TENANT, its servants or me or damages as may be due to or its servants or agents. self -insure against any by a. commercial general for making any necessary mrty taxes separately levied on the Property end Rooftop as additional rent for any d against the Property and ibutable to the improvements :narately levied or assessed this Agreement, shall, within ml property and fixtures from such time for removal causes 0 TENANT to remain on the Property termination of this Agreement, TENA) existing monthly rate or on the exis based upon a longer payment term, anl personal property and fixtures are a 12. Should the LESSOR, at any Agreement, decide to sell all or a Rooftop Space, such sale shall be w Agreement and TENANT's rights hereun< 13.' LESSOR covenants that TEI performing the covenants shall peace enjoy the Property and Rooftop Space 14. LESSOR covenants that U sufficient title and interest to the has full authority to enter into LESSOR further covenants that there or impediments of title on the Prope. 15, LESSOR represents and wa Rooftop Space is in compliance with orders, rules, regulations and requi state, or municipal governments or commissions, boards and offices thi notices, orders, roles and regular, Fire Underwriters, or any other exercising similar functions relai property and Rooftop Space. 16. If TENANT has not perform' inspection of the roof of the ROI period as authorized by this Lease term of this Lease Agreement, at th right to perform or cause to be pert of the Rooftop Space. TENANT shall any roof inspection report prepared "Report•) and LESSOR shall acknowle' the roof as set forth therein. In that repairs are required to preps roof in order to provide for TENT Space, upon' the mutual agreement promptly perform or cause to be per meet the needs of TENANT. All defic ShaII be deemed preexisting condii responsible for or required to rope Report. 17. This Lease Agreement and be governed, interpreted, construe' U i Rooftop Space after the shall pay rent at the then ,g monthly pro-rata basis if such time as the removal of time during the term of this ,y part of said Property and ier and subject to this Lease on paying the rent and and quietly have, hold and R is seized of good and 'perty and Rooftop Space and execute this Agreement. I no other liens, judgments and Rooftop Space. ante that the Property and L1 laws, ordinances, notices, ments of any and all federal, the appropriate departments, aof, as well as any and all as of the National Board of body, not constituted and ag to all or part of the i or caused to be performed an Etop Space during the Option Agreement, TENANT, during the sole =at of TENANT, has the rmed an inspection of the roof provide LESSOR with a copy of ursuant to this paragraph (the .7e in writing the condition of :he event the Report indicates a, maintain and/or repair the IT'S occupancy of the Rooftop )f the parties, LESSOR Shall ormed such repairs in order to encies evidenced in the Report Lone and TENANT shall not be c any item as evidenced in the the performance thereof shall and regulated by the laws of the State of Florida. 18. This Lease may not be sol: any time except to TENANT's princip. of its principal or to any company i consolidated. As to other parties, assigned or transferred without the such consent not to be unreasonably this Lease upon notice to LESSOR. 19. All notices hereunder mus deemed validly given if sent by cartl requested, addressed as follows la. party to.be notified may have desi notice): assigned or transferred at affiliates or subsidiaries on which TENANT is merged or this Lease may not be sold, ritten consent of the LESSOR, rithheld. TENANT may sublease be in writing and shall be .ed mail, return receipt any other address that the ated to the sender by like LESSOR: The Sands on the Ocean, A Condominium, Sec.I, Association, Inc 3100 North AlA Fort Pierce, FL 34949 TENANT: BellSouth Mobili 5201 Congress Av Boca Raton, FL Attn: Network Re; 20. This Agreement shall personal representatives, succe hereto. 21. At LESSOR'S option, this any mortgage by LESSOR which from t, part of the Property and Rooftop f such mortgage shall recognize the va event of a foreclosure of LESSOR'S i to remain in occupancy of and he, Rooftop Space as long as TENANT Agreement. TENANT shall execu reasonably be required to evidence the event the Property and Rooft mortgage, the LESSOR, no later tha lease is exercised, shall have obta Non -Disturbance instrument in re, mortgage. 22. If the whole of the Prop portion thereof as will make th unusable for the purposes herein legally constituted authority for a Inc. ie 187 Estate Manager d to and bind the heirs, and assigns of the parties ease shall be subordinate to . e to time may encumber all or Ace, provided, however, every Ldity of this Agreement in the :erest and also TENANT's right access to the Property and is not in default of this whatever instruments may sis subordination clause. In Space is encumbered by a thirty (30) days after this ied and furnished to TENANT a rdable form for each such and Rooftop Space or such Dperty and Rooftop Space ad, are condemned by any :blic use or purpose, then in either of said events the term h, the time when possession thereof is and rental shall be accounted for aE of that date. Any lesser condemnat) respective rights and obligations of Nothing in this provision shall be TENANT's right to an award of compe proceeding for the taking of TENANT'e 23. LESSOR and TENANT agree Agreement will be forwarded for appropriate office of the County, C TENANT agree to take such actions such recording or filing. TENANT, at may obtain title insurance on the shall cooperate with TENANT's of insurance policy by executing docum obtaining requested documentation insurance company. If title is found use diligent effort to cure the d option, should the LESSOR fail to p within thirty (30) days of TENANT's : Non -Disturbance instrument(s) as no Agreement, TENANT may withhold and a such time as the requested document title is found to be defective and defects within a reasonable pert Agreement or cure the title defect the withheld payments. 24. If TENANT defaults in £Ulf this Agreement and such default shal after service by LESSOR of written the nature of said default, or, if shall be of such a nature that the E or remedied within such sixty (60) ! in good faith commence the curing within such sixty (60) day perm diligently proceed therewith to comp: of sudh events this Agreement shall fully and completely as if such date fixed for the and and expiration of then quit alfd surrender the Leased herein. 25. In connection with any 1 Agreement, the prevailing party, whe entitled to recover all reasonal reasonable attorney's fees for servi any enforcement of breach of c proceedings and poet judgment procee C , J •eby granted shall cease from taken by public authorities, between LESSOR and TENANT as n shall in no way affect the ;ESSOR and TENANT hereunder. :onstrued to limit or affect cation of any eminent domain leasehold interest hereunder. that this Option and Lease -ecozdiag or filing in the St. Lucie, and LESSOR and a may be necessary to permit TENANT's option and expense, space leased herein. LESSOR, orts to obtain such title nts or, at LESSOR'S expense, as required by the title to be defective, LESSOR shall facts in title. At TENANT's ovide requested documentation :quest, or fail to provide the ad in Paragraph 20 of this true the monthly rental until (a) is (are) received, or if ESSOR has failed to cure the d, TENANT may cancel this it LESSOR'e expense utilizing ling any of the covenants of continue for sixty (60) days )tice upon TENANT specifying is said default so specified ie cannot be reasonably cured period, if TENANT shall not remedying of such default and shall not thereafter :ion, then in any one or more :urinate and come to an end as :re the day herein definitely Ls Agreement and TENANT shall amises to LESSOR as provided cation arising out of this LESSOR or TENANT, shall be costa incurred including rendered in connection with :act, including appellate 26. In accordance with Florida Law, the following statement is hereby made: RADON GAS: Radon is a natural that, when it has accumul; sufficient quantities, may persons who are exposed to it that exceed federal and state in buildings in Florida. regarding radon and radon tea your county publichealth unit. 27. LESSOR shall hold TENAF TENANT against and from any damag, resulting from the discovery by an; generated, stored, disposed of, or ] as long as such substance was transported to or over the Pro] contractors, employees, or invitees for any and all damages, losses, LESSOR against and from any disc hazardous wastes generated, stored, TENANT-aequipment and uses of the :curring radioactive gas ad in a building in event health risks to er time. Levels of radon idelines have been found Additional information ng may be obtained from harmless from and indemnify loss, expenses or liability ierson of hazardous substance nsported to or over Property, t stored, disposed of, or ty by TENANT, its agents, TENANT will be responsible expenses and will indemnify my by any persona or such r disposed of as a result of rementioned Property. 28. TENANT agrees to provide courtesy notification to the manager or designated contact before ccessing the site. 29. This Agreement shall be executed in three (3) counterparts, each of which shall bq deemed an original, and such counterparts shall constitute but ong and the same Agreement. IN WITNESS WHEREOF, the part: and affixed their respective seals. 10 ID hereto have set their hands • I • Signed, sealed and delivered in the presence of. A44z� E Witness rint Name:.Teud J., tics.✓rso Wit Print Name: STATE OF FLORIDA COUNTY OF ST. iut,F The foregoing- instrument was acknowledged before me this f�L day of f'FAQnA� , 2998, lay .gym dew A ,CACA: A as c/T FuT of an DfT�e e m c I. Association. Inc., a /=A A1A L' RPe RAr,a n. who A is personally known to me or who hasl produced aFk as identification and who did (did not) take an oath. My commission Expires: r ARRASEL ROYN �9 tolaWNi I3.1M W O �A1�yt0Y9 . ■RANfICB(MW0c4CN:. 11 (Seal) Signed, sealed and delivered in the presence of: witness Print�//Name:/�'17�L�-if witn as Print Name: IMA) FIFGE STATE OF-�''ierd/o� COUNTY OF -1.6 The foregoing instrume of as Georgia co ration, produced who did (did not) take EEO nt was acknowleldged before me this , 1999, by �✓ �' 6A^- of BELLSOUTH MOBILITY INC, a who is personally known to me or who has —� as identification and an oath. My Commission Expires: �0�13/apoo Ayp�p{pp/6t�I0.:5] 01/]V9] Name: i (Seal) 'su ALOOM �MMU uvn umvlu.