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HomeMy WebLinkAboutPCS SITE AGREEMENTPCS SITE AGREEMENT April99 Site New Sands of the Ocean Site L D. MI1 B�tC 016 Address 3100 Ocean Drive 1. Premises and Use. Owner, Sands on the Ocean Condominium A Florida nmt for profit Coroa-atlon leases to Sprint Spectrum LP., a Delaware limited pantu miMp CSSLP-), the site described bebvr. Gredr appropriate box(GM Land cansistbg of approdme" 790 square fed uponwhich SSLP win construct ns ❑ equipment base station and O adema structu e; • Ndd'ggehInterior spe�cefor� eentoofOf I panr� s, SCANNED X Building exterior space for placement of base station equipment; B� El Tower antenna space between the _fool and _ lid level on the Tower; X space required for cable rums to camel PCS equipment and antennas, St. Lucie County location(s)F�dh In the loon(s) ('SfteF) shown an lbh A, together with a nonA ddumve easement for reasonable access thereto and to the appropriate, In the crwredon of SSLP, source of eleWic and telephone faaTitles. The She will be used by SSLP for the purpose of Installing. removing, replacing, nrodifyig, maintaining and operating. at its expense. a personal communications service system facttity (" PCn Including. without 0mllall n, ardenna equipment, cable whing, back-up power sources (Including generators and fuel storage tanks), related fixtures and, 9 applicable to the Site, an antenna struda e. SSLP will use the Site in a manner which will not unreasonably disturb the accupanccp of Owner's other tenants SSLP will have access to the Shia 24 hours per day, 7 days per week 2. Term. The tam of this Agreement (the'InPoal Term') is 5 years, cemmenoing on the date ('Commencement Date) both SSLP and Owner have executed this Agreement. This Agreement wig be automatically renewed for four additional terms (each a'Renewal Term) of 5 years each, unless SSLP provides Owner notice of Intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Tam. 3. Rent Urutl the date which is 80 days after $suance of a building permit, rent V41 be a a- a regate payment the receipt of Which Owner arl rkrMedges. Thereafter, rent will be paid in equal mord"* instahmeds o (until increased as sit forth herein), partial moms to be prorated, In advance. R Renewal w91 be the annual red In effect for the net year of the Initial Term or prior Renewal Tern. as the ease may be, Increased by pert anti" 4. Title and Quiet Possession. Owner represents and agrees (a) that it is the Owner of the She; (b) that it has the right to enter into this Agreement (c) that the person signing this Agreement has the authority to sign; (d) that SSLP Is entitled to access to the Site at all tines and to the quid possession of the She throughout the inhfal Term and each Renewal Term so long as SSLP Is not In default beyond the expiration of any cure period; and (a) that Owner shall not have unsupervised access to the She or to the PCS equipment 8. Assignme d/Subleli ing. Tenant shall have the rigid to sublease or assign its rights underthis Agreement without notice to or consent or Owner. G. Notices. Ail nukes must be In writing and are effective only when deposited In the U.S. mail, ceNfled and postage prepaid, or when sent via overnight delivery. Notices to SSLP are to be sent Ice Sprint Spectrum LP., 1357 Hembree Read, Suite 100, Roswell, GA MM, Aftrh: base Manager, with a copy to Sprint Spectrum LP., 4900 Main Street, 11 Floor, Kansas Cry, MO 54112, Attu: Business Law Group. Notices to Owner must be sent to the address shown underneath Owners signature. 7. yrprwements. SSLP may, at Its expense, make such improvements on the She as it deems necessary from time to gone for the operation of the PCS system Owner agrees to cooperate with SSLP with respect to obtaining any required zoning approvals for the She and such Improvements. Upon termination or expiation of this Agreement, SSLP may remove its equipment and Improvements and will restore the She to substantially the condition existing on the Commencement Date, except for ordinary wear and tear and casualty lass. 8. Compliance with Laws. Owner represents that Owner's property Qnduding the Site), and all Improvements located thereon, are In substantial compliance with bulldirg, hfelsafety, disability and other taws, codes and regula to ns of applicable governmental autarkies. SSLP will substantially comply with all applicable laws relating to its possession and use of the Site. 9. Interference. SSLP will resolve technical Interference problems with other equipment lorded at the Site on the Commencement Date or any equipment tat becomes attached to the Site at any future dale when SSLP desires to add additional equipment to the She. LIXervlae, Ownerwill not permit or suffer the installation of any future equipment which (a) results in technical interference problemswith SSLP's then existing equipment or (b) encroaches onto the Site. 10. Urines. Owner represents that utilities adequate for SSLP's use of the Site are available. SSLP will pay for all utilities used by it at the Ste. Owner will cooperate with SSLP in SSLP's efforts to obtain utilities from any location prodded by Owner or the servicing utility, including signing any easement or other irsbument reasonably required by Me utlity company. 11. Temdnation. SSLP my terminate iris Agreement at any time by notice to Owner without further liability if SSLP does not obtain all permits or other approvals (collecfivey,'approvai) required from any governnenal authority or any easements required from arty third party to operate the PCS system, or If any such approval Is canceled, expires or is withdrawn or terminated, or If Owner falls to have proper ownership of the She or authority to enter orb this Agreement, or If SSLP, for any other masoq in its sole disaeiah, detemdnes that it will be unable to use the She. Upon temdnaton, all —prepa►irerd will be reamed by Owner unless such termination Is due_ to Owner's failure of proper ownership or authority. Of such termination is a result of- 12. Default. If either party is In default under this Agreement for a period of (a)15 days following receipt of notice from the nondafaulmhg party with respell to a default which may be cured solely by the payment of money, or Qx) 30 days folbwmg receipt of notice from the nondeautlmg party with rasped to a default which may not be cured solely by the payment of money, then, in either everd, the nondeauhing party may phaerre any remedies available to it against the defaulting party under applicable law, Including, but not limited to, the fight to laminate this Agreemead. lithe nonarahetary default may not reasonably be aced within a 304ay peiod, this Agreement may not be terminated If the defaulting P" commences action to cure the default wkhm such 304ay period and proceeds with due diligence to fly cure the ddsuh. 13. Indemnity. Owner and SSLP each Indemnifies the other against and holds the other harmless from any and erg costs Qnciuding reasonable atlemeys' fees) and calls of flab0hy or lass which arise out of the ownership. use and/or occupancy of the Site by the Indemntiymg party. This Indemnity does not apply to any claims arising from the sale negligence or Intentional mt)? duot of the Indemnified parry. The indemnity obligatlors under this Paragraph will survive termination of this Agreement. ClibPDF - www.fastio.com % Hazardous Substances. Owner represents that R has no k rMedge of any substance, chemical or waste (collectively, %ubstancW) on the Site that Is Identified as hazardous, toxic or dangerous In Amy applicable federal, state or kcal law or regulation. SSLP VA not Introduce or use any such stbstarwe on the Site In violation of any applicable laws ' 16. Subordination and Non4DIsbubance. This Agreement Is subordinate to any mortgage or deed of mast now of record against the Site. However, promptly after the Agreement Is fully executed, Owner will use dlligent efforts to obtain a non -disturbance agreement reasonably acceptable to SSLP from the holder of any such mortgage or deed of trust. 16. Taxes. SSLP wig be responsible for payment of all personal property tames assessed directly upon and arising solely from its use of the communkatbns facility on the She. SUP will pay to Owner any increase In real property taxes attributable solely to any Improvements to the SRO made by SSLP within 60 days alter receipt of satisfactory documentation I dcating calculation of SSLP's 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 properly of Owner of which the Site Is a part. IT. Insurance. SUP will procure and maintain commercial general liability Insurance, with llmtis of not less than $1,000,000 combined single lirtst per occurrence for bodily Injury and properly damage liability, with a certificate of insurance to be furnished to Owner within 30 days of written request. Such policy will provide that cancellation wRl not occur without at least 15 days prior written notice to Owner. Each party hereby waives bright of recovery against the other for any loss or damage covered by any Insurance policies maintained by the we" party. Each party will cause each Insurance policy obtained by R to provide that the Insurance company waives all rights of recovery against the other party in connection with any damage covered bysuch policy. 19. Maintenance. SSLP wRl be responsible for repaving and maintaining the PCS system and any other Improvements Installed by SSLP at the Site In a proper operating and reasonably safe condition; provided, however R any such repair or maintenance Is required due to the ads of Owner, R4 agents or employees, Owner shall reimburse SSLP for the reasonable costs Incurred by SSLP to restore the damaged areas to the condition which existed immediately prior thernto. Owner will maintain and repafr all other portions of IM property of which the Site Is apart Ina proper operating and reasonably safe condition. 19. Miscellaneous. (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) R requested by SSLP, Owner agrees promptly to execute and deliver to SSLP a recordable Memorandum of this Agreement in the form of Exhibit S; (d) this Agreement (including the Exhibits) constmxes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be In writug and executed by both Parties; (a) R anyprovislon 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, wfdl not be affected and each provision of this Agreement will be valid and enforceable to the idlest extent permitted by lax; and (1) the prewili g party In any action or proceeding In court Of mutually agreed upon arbitration proceeding to enforce the terns of this Agreement Is entmed to receive its reasonable attorneys' fees and other reasonable enforcement costs and expanses from the ron-prevali g party. 20. Nonbinding Until Fully 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 R Is fully executed by loth parties. The following By. attached to and made a pad of this Agreement: Exhibits A, B and _ S owos 0'^ 1h.. Ore cur+ loworn 'env,.. �krer�. t , Rfsoc.1 ML l AraSV/ C..E �".r- Date: //Q�zors0 35r9d1y Sprint Spectrum L.P a Depore limited By. Its Se Do./ niroir s 47/'Z. — Attach Exhibit A - She Description and Exidbd B - Memorandum of PCS Site Agreement ClibPDF - www.fastio.com EXHIBIT A April 99 Site Name Sands on the Ocean PCS Site Agreement site t. D. M154XCO15 Site Description Site situated in the City of A%' 7/FReE . County of St. Lucie. State of Fionda wmmonly descnbed as follows: Legai Description: All of THE SANDS ON THE OCEAN CONDOMINIUM SECTION ONE, a ' Condominium, according to the Declaration of Condominium recorded in OR. Book L 4Q4, Page 1995, and all exhibits and amendments thereof, Public Records of St. Lucie County, Florida; Less and Except all of the Units within the Condominium. Sketch of Site: ,'. � it " Ir WII= i II tl .— �� V Y � odA� •,Y1 - mil • it � ��I f I in'lICY.P __—__-- muu I ores , iiYY �p Mr+° o ^o � c oQo 0 o°U © c 0 t YAP IRCO K1WDy,��<1mY Owner Initials - m SSLP Intdals m OVERALL SITE PLAN Notes ownerand SSLP may. st SLP's Option, replace this adtibt wmi en ambd setting faro the Iegal description of the pmperty on which the Sh is located andfor an aa8uth drawing depfetlng the Sits. 't0ee this Ehdtmlt A for PCS Ste Agreewff, Manomrtdtan df PCS Ste AgreaneM option Agreement and Me=mndum of OpWn Agre=Wq ClibPDF - www.fastio.com i This instrument prepared by: Michael Christiansen Mastiiana & 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 Oils line - this space reserved for recording purposes EXHIBIT B - Aprilss Site Name Saands on the Ocean Condomirdum PCS Site Agreement Site 1. D. M154XCO15 Memorandum of PCS Site Agreement This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated si- 9 2000, between The Sands on the Ocean Condominium Association ('Owner') and Sprint Spectrum L.P., a Delaware limited partnership ('SSLP'). Such Agreement provides in part that Owner leases to .n SSLP a certain site ('Site) located at 3/ere .VnrP / 4-/-A . City of irn,/Pr A"'F4Cir County of Sr. ,C uc /,tom . 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 . 2000, which term is subject to four (4) additional five (5) year extension periods by SSLP. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. "OWNER" By. r/f F AnUls O/Y T/fF IX'/%N Name: J14 Title: fE'S/cifA,/uT ,R/oo NoRTi/ Attach Exhibit A - Site Description "SSLP" Sprintie:'1-aVV um L.P., a Delawa a limited partnership BygL NaCII5 % r Title: 5 � 5 t' c 1b e, Address: (35-I J-Ipl•wr�rfeA. IPa Sclee...) o&LL)V.lt, 08-RD Printed CIibPDF - www.fastio.com STATE OF I.. A - COUNTY OF S'T /, yG/ F_ The foregoing Instrument was acknowledged before me.this day of , 2000. ❑ by El by NA/.19H I- rfy17 /i as S /y7 o(c�aND oei T//F Z! Fa .41 corporation, on behalf of the corporation, by partner (or agent) on behalf of . a partnership. 4- (AFFIX NOTARIAL SEAL) ( IALNOTARY SIGNATURE) NOTARY PUBLIC —STATE OF FLwr . My wmmissim expires. SSLP NOTARY BLOCK: STATE OF COUNTY OF �AYp James A. Reaves ra orarscc9W (PRINTED, TYPED 9 Y)) COMMISSION NUM _ ;T ZNoNewina we, te- CcYj?s/;t a The foregoing instrument was admmyedged before me this �` day of "1362000, by �4rt �S 0 • CJi2�ZN"�S//Zenzm of Sprint Spectrum L.P., a Delaware limited partnership, who executed the foregoing instrument an behalf of such corporation. (AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE) aNOTARYPUBLICTATEOF a/L(o //1— My commission expires: ClibPDF - www.fastio.com W-9 Request for Taxpayer qagoeew. GivO�'°ft naxar DqwUXM1CfgwTM=Y Number and Certification '�'b`b°� IdemdRasemue saviee Name(d'joffinamm, Edfintand cudetho—oflhapmen wcuft whownumba you eda wPart I below.) BusineasNam The Sands on the Ocean, A Condominium, Section 1, Association, Inc. Please ahodrappmpriab bm:I I Io&aldvapSclept%dc r Ca,pomtim X Parb—hip I other Add,m(mtmbv,s1mdwdapl.orsoitena) RcWcs 'saaoxaodaddtas(cptimal) ' 3100 N AlA, Office city, state and ZIP code List e,soamnvmber(s) baa (aptiaml) Ft. Pierce, FL 34949 Part I Taxpayer Identification Number Fmtwy=IINintheapp,opriawbox FahtdM&uKtbisnyam Social Security Number PartH For Payees Exempt samisecmdymumba(SSM FaraWeredGie4itisywr $um Backup Withholding _ Ifyoudonothavea mamI a, aee How to Get a TINbcIay. OR Employer Identification Number Part 1H Certification UndapaaWes of perjury, I cafify that The mmbashown onthis farm ismycoura mpayaidemifiwlionnumba(orlemwaitingfwammsbertabe issuedtome),and I mmnot subjeato backup wilhhold ng became (a) I nm exempt from backup withholding ar (b) I have not been natifiad bX the hdemd Revenue Servicetbat I am mbje tto backup wilhholdbtg m a result of afallureto repel all mterat or dividotds, or (c) the IRS bmnoModmethail ammo IangasubjeatobacFupwidholdmg. . Cadflcatlon lustrumlons. You mustard.is and rtem2 above if you have beenmliEed bythe M9 thatyou are cvmadysubjm to bazkvp whhholdmg becenwofundacepmtiagimaestwcUvidmdsmyaortmremnu. Far real aaatetsansacdons, itan2doesnotapply. FormmfgageimaestpaKlhe aeptisWm orebaoda—em ofxasedFopaty, caomgatim of ddd, codn'huE=to ea k&vidod rdkemrm arangoaem OM) and gmaaEy payments ogwd=idammd uaenot tosi thecatificatimbut must avideyomcmrceiTIN. SIg11 y Sigoaurre 3 Q �.� J ; %L—� Date Here ?4G es Form W-9 (Rev. 3-94) CIibPDF - www.fastio.com