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HomeMy WebLinkAboutTOWER-STRUCTURE-EQUIMENT REMOVAL BONDr TOWER / STRUCTURE / EQUIPMENT REMOVALBOND SCANNED BY St. Lucie County KNOW ALL MEN BY THESE PRESENTS: Location of tower/structure/equipment: 6189 North Federal Highway, Fort Pierce, FL 34949 Site ID: Indrio FA # 10016806 Bond Number: 09100894 THAT New Cingular Wireless PCS, LLC 6201 Congress Ave., Boca Raton, FL 33487 as Principal, and Fidelity and Deposit Company of Maryland, a corporation duly organized under the laws of the State of Maryland as Surety, are held and firmly bound unto St. Lucie County, 2300 Virginia Ave., Ft. Pierce, FL 34982 as Obligee, the penal sum of Five Thousand and NO/100 Dollar ($6,000.00) for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, the liability of the surety being limited to the penal sum of this bond regardless of the number of years the bond is in effect WHEREAS, the Principal has entered into a written agreement with the property owner for the placement of a tower, structure or equipment furnishing telephone, television or other electronic media service, which agreement sets forth the terms and conditions which govern the use of such towers, structures or equipment and which agreement is hereby specifically referred to and made part hereof, and WHEREAS, the St. Lucie County ordinance and/or the property owner, requires the submission of a bond guaranteeing the maintenance, replacement, removal or relocation of said facility, NOW THEREFORE, the condition of this obligation is such, that if the above bounden Principal shall perform in accordance with the aforesaid ordinance and/or agreement, and indemnify the Obligee against all loss caused by Principal's breach of any ordinance or agreement relating to the maintenance, replacement, removal or relocation of a tower, structure or equipment, then this obligation shall be void, otherwise to remain in full force and effect unless cancelled as set forth below. THIS BOND may be cancelled by Surety by giving thirty (30) days written notice to the Obligee by certified mail. Such cancellation shall not affect any liability the surety has incurred under this bond prior to the effective date of the termination. PROVIDED that no action, suit or proceeding shall be maintained against the Surety on this bond unless the action is brought within twelve (12) months of the cancellation date of this bond. SIGNED this 8th day of November, 2012. New Cingular Wireless PCS, LLC Principal: By AT&T Mobility Corporation its manager By: Surety: Fidelity and Deposit Company of Maryland �y 1 ` By: OX, lf•�1.�el,le(V HeWi A NoNeaen. Attorney -in -Fact S"rA"CE OF Missouri County of St. Charles On this 6th day of appeared ACKNOWLEDGMENT BY SURETY Heidi A. Notheisen I ss. November 1 2012 , before me personnally Fidelity and Deposit Company of Maryland , known to me to be the Attomey-in-Fact of ,the corporation drat executed die within instrument, and acknowledged to me that such corporation executed the same. IN Wrl'NESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, die day and year in this certificate lust above written. My Commission Expires: July 18, 2016 NppWk 01 Mis N�AyNCYLJOHNS01 Stae ysaud Commissioned tar St Cmy haudyea Cawtt Commissionon�u�inber:12369020 8015 S 011o:GF F F 2oe Nancy I_ Johnson Notary Public ur the State of Missouri County of St. Charles Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the ereby nominate, constitute and appoint Pamela A. BEELMAN, Cynthia L. CHOREN nn R. FRANK, Karen L. ROIDER, Debra C. SCHNEIDER and Sandra L HAI�„pl� F a and lawful agent and Attorney -in -Fact, to make, execute, seal and d its 6 I Wits act and deed: any and all bonds and undertakings, and the execut s or ante of these presents, shall be as binding upon said Company as o a es, as if they had been duly executed and acknowledged by e two' y at its office in Baltimore, Md., in their own proper persons. This power of alto es t of Pamela A. BEELMAN, Cynthia L. HANAK, Heidi A. NOTHEISEN, JoAnn R. FRANK, I�y� INCCHNEIDER, Sandra L. HAM, dated December 12, 2007. The said Assistant does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D.2009. FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Gerald F. Haley Assistant Secretary State of Maryland iss: City of Baltimore f Frank E. Martin Jr. Vice President On this 3rd day of December, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. OO\A I\ Jff c-0 I00Y.'.'f �,fl rq,'\��rt� ``; �.r�r.c�>.(iC� L• _ AI/1^T� Constance A. Dunn Notary Public My Commission Expires: July 14. 2015 POA-F 079.0626 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Ibis Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Comp with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6th day of Novenber 2012 Y.., e)' 15xla Assistant Secretary n REC"D SEP 0 1, 70ta SCANNED BY St. Lucie County Building and Code Regulations Division Permitting and Zoning 2300 Virginia Ave Ft. Pierce, F134982 772462-1553 PerMitting, oepartme- St. L-11:' - — Cash Security Fund, Irrevocable Letter of Credit or Bond to Secure Cost of Removing an Antenna, Antenna Array or Tower Service Provider Information 1.Name: FIDELITY AND_DEPOSIT COMPANY OF MARYLAND 2. Address: 600 Red Brook Boulevard # 350 Owings Mills, MD 21117 Phone: (W) 605-6000 Phone Number: Fax Number: 3. Location of Tower (Address): 6189 N US HWY 1 fVis �r, Q/6W6C 4. Parcel Identification Number: 1406-413-0003-000-8 5. Lease Holders Name & Address: AT&T.Mobility aka NEW CINGULAR WIRELESS 8601 West Sunrise Blvd, Plantation FL 33322 Phone Number: °JS�/-Sl'01- y9 yam! Fax Number: 6. ID Number of Bond, Irrevocable Letter of Credit or Check: 09100894 7. Permit Number of Tower, Antenna or Antenna Array: Page 1 of 2 Cash, Security Fund, Irrevocable Letter of Credit or Bond to Secure Prior Service Provider Information (If Replacement Bond): 1. Name: 2. Address: Phone Number: Fax Number: 3. Location of Tower (Address): 4. Parcel Identification Number: 5. Lease Holders Name & Address: Phone Number: Fax Number: 6. ID Number of Bond, Irrevocable Letter of Credit or Check: 7. Permit Number of Tower, Antenna or Antenna Array: 1/12/2009 Page 2 of 2 Anne Holman, f mile Numher:1.6 Recorded: 07-05 SCANNED BY St. Lucie County �.T •. {,ref. ss Se,,�4�� Cal OPTION AND L This instrument was prepared by: Record and return to: Iallian Arango de la Hoz, Esq. Weiss, Serota Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, FL 33133 Jerk of the uirqM Court - St. Lucie County 45349 OR BIW 1156 PAGE 1492 -9B 10:40 A.M. ReCeftD SEP 0 51019 Permitu D at, bum, 6ouatym, eet ER PAGE AGREEMENT BOOK 115 PAGE 1 4y* This Agreement made this L� day of , 1932, between Frank K. Spain , whose address is 409 South Beach Road, Hobe Sound, FL 33455, hereinafter designated LESSOR and BELLSOUTH MOBILITY INC, whose address is 5201 Congress Avenue, Boca Raton, Florida 33487, hereinafter designated TENANT. LESSOR is the owner of located at County, State of Florida, and T lease a portion of said real pr square feet for the installatic building or construction of a positions on the tower for t other associated equipment nec (hereinafter referred to as "F Property and Tower Space are m attached hereto and made a pa obtain a nonexclusive right fo and Tower Space, parking area, (24) hours a day, including du installation, maintenance and expense, of a PCS transmitting c he ore rt r � NOW, THEREFORE, in conside3 Dollars ($500.00), (hereinafter r be paid by TENANT to LESSOR, wh execution of this Agreement, the right and Option to lease said P3 the nonexclusive right for acce. accordance with the covenants and The Option may be exercised from final execution of this Agr The time during which the extended if any applications for approvals required by any federa. still pending at the end of the ei LESSOR and TENANT agree that said until all approvals required are r period exceed eighteen (18) mont srtain real property and tower #1, Fort Pierce, St. Lucie desires to obtain an Option to y containing approximately 910 a prefabricated communications nications building and certain inting of various antennas and y to make antennas operational sty" and "Tower Space"). Said rticularly shown on Exhibit "A" reof. TENANT also desires to -ess and egress to the Property n (7) days a week, twenty-four normal business hours, for the -ation, all at TENANT's sole ity. :ion of a sum of FIVE HUNDRED erred to as "Option Money"), to h TENANT will provide upon its 3SOR hereby grants to TENANT the ierty and Tower Space, including thereto, for the term and in )nditions set forth herein. any time within eight (8)months nt by LESSOR. ption may be exercised may be certificates, permits or other state or local authority are ht (8) month said option period. option period shall be extended ceived, in no event shall option S. The time during which the Option may be exercised may be fu4her extended by mutual agreement in writing. If during said Optionlperiod or during the term of the BOOK 1.If4 PAGE 1471`_ Lease, the Option is exercised and sell or change the status of t: property contiguous thereto, LESSO in writing so that TENANT may 1 TENANT's interest in the Property LESSOR covenants that LESSOR title and interest to the Propel authority to enter into and execu covenants that there are no other of title on the Property and Towei This Option may not be sold time except, with prior writtei affiliates or subsidiaries of its which TENANT is merged or consoli Option may not be sold, assigned i consent of the LESSOR, such withheld. Should TENANT fail to exe thereof within the time herein granted hereunder shall be di Option terminated, and LESSOR ; Option, and no additional money the other. The LESSOR shall permit TEN& ingress and egress to the Propert surveys, structural strength ana propagation tests and other activi may deem necessary, at the sole c surveys, analysis, tests or other are required to the Tower Space ix for the installation of TENAN' agreement of LESSOR and TENANT, cause to be performed such repair the needs of the TENANT. In addi to file any applications for approvals that may be required authorities. LESSOR agrees to cod to obtain such approvals and sign file applications with the approp3 Notice of the exercise of t. to the LESSOR, in writing by requested. Notice shall be der posted. On the date of such not take effect: the LESSOR decides to subdivide, e Property and Tower Space or shall immediately notify TENANT ake steps necessary to protect nd Tower Space. is seized of good and sufficient :y and Tower Space and has full e this Agreement. LESSOR further liens, judgments or impediments Space. assigned or transferred at any notice to TENANT's principal, rincipal or to any company upon ted. As to other parties, this transferred without the written tsent not to be unreasonably this option or any extension ted, all rights and privileges completely surrendered, this retain all money paid for the 1 be payable by either party to IT during the Option Period free and Tower Space to conduct such ysis, subsurface borings, radio des of similar nature, as TENANT st of TENANT. If any of TENANT's activities indicate that repairs order to prepare the Tower Space s equipment, upon the mutual ESSOR shall promptly perform or ; which may be necessary to meet ion, TENANT shall have the right �rtificates, permits and other >y any federal, state or local >erate with TENANT in its efforts ;uch papers as may be required to .ate authorities. Option shall be certified mail, ied effective on --e, the following given by TENANT return receipt the date it is Agreement shall `1R BOOK PAGE 1. IQ0#;F_)M 1. LESSOR hereby leases to real property ("Property") contaii feet for the installation of building or construction of a comm exhibit "A") and certain positions shown in exhibit "B" for the mount' associated equipment to make antenx Paragraph 1A, as shown on Exhibit part hereof). Said Property and 7 the nonexclusive rignt for ingre Tower Space, -and parking area, s (24) hours a day, including duri installation, maintenance, and expense, of the following PCS t antennas: A. Directional antes equipment, including but not limit( and antenna fixtures, shall be mot antennas may be mounted at a suffi( so that the signals transmitted a impeded by any other structure mo, place its antenna system on the 20 location on the tower will be mut LESSOR and shall be as described Subject to LESSOR's approval, TEN2 said Tower Space as are necessary alteration TENANT shall submit alteration to LESSOR for its apprc (14) days after receipt of TENANT same. Failure on the part of LE; fourteen (14) day period shall c rights hereunder and the plans sha: B. One story prefabr construction of a communications equipment to be installed or square feet of Property as in hereto. Said alterations, furthe workmanlike manner and done so t: materialmen's liens will be permits termination of this Lease, TENANT : from the Property and Tower and removal. 3 TENANT that certain parcel of ing approximately 910 square i prefabricated communications inications building (as shown in on the tower ("Tower Space") as ag of various antennas and other s operational in accordance with "A" (attached hereto and made a ewer Space are located at 6189 and LESSOR hereby grants TENANT and egress to the Property and an (7) days a week, twenty-four normal business hours, for the eration, all at TENANT's sole Bphone equipment and associated as system and associated d to transmission lines, cables, ated upon the Tower Space. The ient height now or in the future (d received thereby will not be nted thereon. TENANT desires to i' level of the tower. The exact sally agreed upon by TENANT and Dn Exhibit "B" attached hereto. LTr may make such alterations to Prior to commencement of any detailed plans of proposed ral. LESSOR shall have fourteen 's plans to review and approve 3OR to notify TENANT within the Dnstitute a waiver of LESSOR's 1 be deemed approved. ed communications building or lding consisting of PCS radio tructed on approximately 910 ted on Exhibit "A" attached re, are to be performed in a no mechanics', laborers' or on the property. Upon the 1 remove all of its equipment air any damage done by said L C. Flexible coaxial between the various antennas on equipment building located on the above. D. TENANT agrees to ii and frequency which will not c� tenants of the Property and Tov installation. In the event TENANT TENANT will take all steps necessz interference at its sole cost. future tenant's use of the tower o any current tenant's use of the to cause the improper operation of T interference is encountered LESSO: to promptly and diligently resolve notice by TENANT. E. LESSOR shall cool effort to obtain utility service easements as may be required by shall furnish the Property and I sufficient for the operation of existing electrical facilities TENANT's equipment shall be made electrical lines, conduit, ciri electrical facilities shall be ir contractor of TENANT's choice a shall maintain said special elect: risk and expense. LESSOR agrees install a generator to provide ba and shall be for its sole use. F. Any antenna subsequent to the initial system shall be subject to shall not be unreasonably k approve or disapprove any days following the request PAGE 3-40 fission line shall be run Tower Space and the radio -tv referred to in lA and 1B tall radio equipment of a type se interference with existing r Space at the time of such equipment causes interference, y to correct and eliminate such ESSOR agrees not to allow any addition and/or modification to ar to cause interference with or TANT's equipment. In the event will exercise its best efforts such problems immediately after rate with TENANT in TENANT's by signing such documents or ;aid utility companies. TENANT aer Space with electric service its equipment. Any change in squired to meet the needs of TENANT's expense. Any special it breaker switches or other :alled by a qualified electrical ( at TENANT's expense. TENANT cal facilities at its sole cost, gat TENANT may at its sole option : up power for TENANT's equipment to be installed upon the Tower Space nstalli,tion of the directional antenna LESSOR's prior written approval, which thheld or delayed. LESSOR's failure to additi nal items within fourteen (14) herefo shall be deemed an approval. 2. LESSOR also hereby grar said Property and Tower Space, a survey shall then become Exhibi hereto and made a part hereof, a discrepancies between it and Exhil right to take measurements, make structures, setbacks, uses, or TENANT to be relevant and pertinei LESSOR's real property, leased or the Property and Tower Space. C1 s to TENANT "the right to survey i the legal description on said "B", which shall be attached I shall control in the event of .t "A". LESSOR grants TENANT the calculations, and to note other )ther information as deemed by :, as such information relates to )therwise abutting or surrounding ;t for such survey work shall be ?R BOOK 1 -1 PAGE 141' borne by the TENANT. 3. This Agreement shall years beginning on the date the annual rental of Eighteen Thou in equal monthly installments advance to Frank K. Spain or as the LESSOR may, from time to thirty (30) days in advance of be on to any 4. TENANT shall have the c four (4) additional five (5) year automatically occur unless TENANT its intention not to extend this months prior to the end of the cur: 5. The annual rental foi extension term shall be increased and sixty Dollars ($$20,160) ; extension term shall be increase, ve (5) year extension term shall be 6. If at the end of tb extension term this Agreement ha party by giving to the other wr, terminate it at least six (6) mont this Agreement shall continue in terms and conditions for a furthe annual terms thereafter until ten to the other written notice of i least six (6) months prior to the for this period shall be equal to of the fourth (4th) five (5) year 7. TENANT shall use the Pr purpose of constructing, mainta Communications Facility and uses the installation of a prefabricat construction of a one story comm, PCS radio equipment on the Prope and associated equipment on the shall be at TENANT's expense. TEP a reasonable condition. It is ur ability to use the Tower Space i after the execution date of for an initial term of five (5) ion is exercised by TENANT at an _Dollars (S18,000) , to be paid the first day of the month, in such other person, firm or place e, designate in writing at least rental payment date. )tion to extend this lease for erms, and such extensions shall gives LESSOR written notice of Base Agreement at least six (6) ant term. the first (1st) five year to twenty thousand one hundred the second (2nd) five .(5) year to twenty two thousand five 00 Dollars ($22,579.20) the on term shall be increased to a fourth (4th) five (5) year to twenty eight thousand three lars ($28,323.35) . fourth (4th) five (5) year not been terminated by either tten notice of an intention to Ls prior to the end of such term, force upon the same covenants, term of one (1) year, and for inated by either party by giving :s intention to so terminate at :nd of such term. Monthly rental the rent paid for the last month :xtension term. perty and Tower Space for the ning and operating a Wireless ncidental thereto, consisting of d communications building or the aications building consisting of ty and the mounting of antennas Tower Space. All improvements %NT will maintain the Property in lerstood and agreed that TENANT's contingent upon its obtaining, this Agreement, all of the OR BOOK certificates, permits and other a] any federal, state or local autl with TENANT in its effort to obta no action which would adversely a and Tower Space with respect to th Notwithstanding any other termin under this Agreement, TENANT, at : shall have the right to terminate days prior written notice to LE; LESSOR in an amount equal to si effect at the time of termination. of its right to terminate shall 1 certified mail, return receipt ri upon receipt of such notice by return receipt. All rentals paid retained by the LESSOR. Upon such become null and void and all th obligations, including the payment 8. LESSOR will make at it and replacements, as well as governmental authority having juri premises and the Tower, unless the or alterations are solely require equipment located on the Tower and its expense, all necessary repaix as required. Provided however, damaged to such an extent that I would be an imprudent business da repair or rebuild the tower and i Agreement and reimburse Tenant tb has been paid in advance of any i agrees that Tenant has the right, or rebuild the tower at its expeni do so. 9. TENANT shall indemnify any claims of liability or loss damage resulting from or arising the Property and Tower Space by t] excepting, however, such claims caused by the acts of the LESSOR, 10. LESSOR agrees that TE1 loss or damage which could be public liability insurance policy 11, TENANT shall be re returns for and paying any and PAGE 1414 ?rovals that may be required by ,rities. LESSOR shall cooperate a such approvals and shall take Eect the status of the Property proposed use thereof by TENANT. :ion rights available to TENANT :s sole and absolute discretion, this Agreement with ninety (90) 3OR and a lump sum payment to months rental at the rate in Notice of the TENANT's exercise a given to LESSOR in writing by ;nested, and shall be effective .he LESSOR as evidenced by the o said termination date shall be ermination, this Agreement shall parties shall have no further of money, to each other. expense all necessary repairs alterations required by any idiction in and to the licensed required repairs, replacements, for the Tenant's communication if so, the TENANT shall make, at replacements, and alterations if the Tower is destroyed or i Lessor's sole judgment repair vision, Lessor may elect not to L such event, may terminate this pro rata share of the rent that iexpired term hereunder. Lessor but not the obligation to repair B. if Lessor should elect not to d hold LESSOR harmless against om personal injury or property it of the use and occupancy of TENANT, its servants or agents, damages as may be due to or its servants or agents. self -insure against any by a commercial general ible for making any necessary property taxes separately levied SIR BOOK 1-1-5 1 PAGE 14o-"- or assessed against its improverr Space. TENANT shall reimburse Li increase in real estate taxes levi Space which are directly att: constructed by TENANT and are nc against TENANT's improvements by t :s on the Property and Tower )R as additional rent for any against the Property and Tower utable to the improvements separately levied or assessed taxing authorities. 12. TENANT upon terminationof this Agreement, shall, within a reasonable period, remove its personal property and fixtures from the Property and Tower Space. Iff such time for removal causes TENANT to remain on the Property and Tower Space after the termination of this Agreement, TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of personal property and fixtures are completed. 13. Should the LESSOR, at Agreement, decide to sell all c Tower Space, such sale shall be Agreement and TENANT's rights her 14. LESSOR covenants that performing the covenants shall pea enjoy the Property and Tower Space 15. LESSOR covenants that sufficient title and interest to has full authority to enter in LESSOR further covenants that th or impediments of title on the Pr 16. LESSOR represents and Tower Space is in compliance wit orders, rules, regulations and rec state, or municipal governments commissions, boards and offices notices, orders, rules and regul Fire Underwriters, or any otl exercising similar functions re Property and Tower Space. 17. This Lease Agreement be governed, interpreted, cons the State of Florida. 18. This Lease may not be any time except to TENANT's pri of its principal or to any comp consolidated. As to other par assigned or transferred without such consent not to be unreasona f time during the term of this any part of said Property and ider and subject to this Lease on paying the rent and and quietly have, hold and LESSOR is seized of good and -he Property and Tower Space and and execute this Agreement. -e are no other liens, judgments >erty and Tower Space. .rrants that the Property and all laws, ordinances, notices, rements of any and all federal, - the appropriate departments, Rreof, as well as any and all ions of the National Board of body, not constituted and Ling to all or part of the the performance thereof shall and regulated by the laws of Ad, assigned or transferred at ipal, affiliates or subsidiaries upon which TENANT is merged or !s, this Lease may not be sold, e written consent of the LESSOR, v withheld. r •`. �R BOOK 115 PAGE 1', 19. All notices hereunder deemed validly given if sent by c requested, addressed as follows party to be notified may have notice): LESSOR: TENANT: BellSouth Mobi 5201 Congress Boca Raton, FL Attn: Network : 20. This Agreement shall personal representatives, succe hereto. 21. At LESSOR's option, thi any mortgage by LESSOR which from part of the Property and Tower Spa mortgage shall recognize the val event of a foreclosure of LESSOR's to remain in occupancy of and have Space as long as TENANT is not TENANT shall execute whatever required to evidence this subordi Property and Tower Space is encuir no later than thirty (30) days aft have obtained and furnished to TE: in recordable form for each such n 22. If the whole of the P. portion thereof as will make the for the purposes herein leased, constituted authority for any pub] of said events the term hereby g when possession thereof is taken shall be accounted for as betwe( date. Any lesser condemnatior respective rights and obligations Nothing in this provision shall TENANT's right to an award of cc proceeding for the taking of TENAP 23. LESSOR and TENANT Agreement will be forwarded .st be in writing and shall be tified mail, return receipt or any other address that the >ignated to the sender by like ity Inc 33487 al Estate Manager d to and bind the heirs, and assigns of the parties s Lease shall be subordinate to time to time may encumber all or :e, provided, however, every such idity of this Agreement in the interest and also TENANT's right access to the Property and Tower in default of this Agreement. instruments may reasonably be cation clause. In the event the :)ered by a mortgage, the LESSOR, ar this lease is exercised, shall IANT a Non -Disturbance instrument operty and Tower Space or such roperty and Tower Space unusable are condemned by any legally Lc use or purpose, then in either -anted shall cease from the time ,y public authorities, and rental n LESSOR and TENANT as of that shall in no way affect the of LESSOR and TENANT hereunder. :)e construed to limit or affect npensation of any eminent domain is leasehold interest hereunder. that this Option and Lease recording or filing in the Imo\ R BOOK 11 PAGE 15C appropriate office of the County TENANT agree to take such action: such recording or filing. TENANT, may obtain title insurance on t] shall cooperate with TENANT's insurance policy by executing doc obtaining requested documentatic insurance company. If title is foi use diligent effort to cure the option, should the LESSOR fail tc within thirty (30) days of TENANT' Non -Disturbance instrument(s) as Agreement, TENANT may withhold anc such time as the requested docum title is found to be defective ai defects within a reasonable pf Agreement or cure the title defe, the withheld payments. 24. If TENANT defaults in ft this Agreement and such default sY after service by LESSOR of writte the nature of said default, or, shall be of such a nature that the or remedied within such sixty (60) in good faith commence the curix within such sixty (60) day pe diligently proceed therewith to co of such events this Agreement shal fully and completely as if such da fixed for the end and expiration c then quit and surrender the Lease herein. 25. In connection with any Agreement, the prevailing party, u entitled to recover all reaso: reasonable attorney's fees for sex any enforcement of breach of proceedings and post judgment proc 26. In accordance with is hereby made: RADON GAS: Radon is a nature that, when it has accum sufficient quantities, may persons who are exposed to i that exceed federal and stat in buildings in Florid: regarding radon and radon t of St. Lucie, and LESSOR and as may be necessary to permit at TENANT's option and expense, s space leased herein. LESSOR, :fforts to obtain such title xments or, at LESSOR's expense, x as required by the title id to be defective, LESSOR shall defects in title. At TENANT's provide requested documentation request, or fail to provide the toted in Paragraph 20 of this accrue the monthly rental until nt(s) is (are) received, or if 3 LESSOR has failed to cure. the riod, TENANT may cancel this t at LESSOR's expense utilizing filling any of the covenants of 11 continue for sixty (60) days notice upon TENANT specifying the said default so specified same cannot be reasonably cured day period, if TENANT shall not or remedying of such default Lod and shall not thereafter pletion, then in any one or more terminate and come to an end as a were the day herein definitely this Agreement and TENANT shall Premises to LESSOR as provided litigation arising out of this ether LESSOR or TENANT, shall be able costs incurred including ices rendered in connection with contract, including appellate edinas. Law, the following statement L occurring radioactive gas lated in a building in present health risks to over time. Levels of radon guidelines have been found Additional information sting may be obtained from OR BOOK 1 your county public health 27. LESSOR shall hold TEN! TENANT against and from any dama resulting from the discovery by a generated, stored, disposed of, or as long as such substance was transported to or over the Pr contractors, employees, or invite for any and all damages, losses, LESSOR against and from any di: hazardous wastes generated, store( TENANT's equipment and uses of the PAGE 1! _ _ • SIT harmless from and indemnify 'e, loss, expenses or liability y person of hazardous substance transported to or over Property, not stored, disposed of, or perty by TENANT, its agents, S. TENANT will be responsible and expenses and will indemnify :overy by any persons or such , or disposed of as a result of aforementioned Property. 28. This Agreement sha4 be executed in three (3) counterparts, each of which shalll be deemed an original, and such counterparts shall constitute but One and the same Agreement. IN WITNESS WHEREOF, the par ies hereto have set their hands and affixed their respective seals. OR BOOK 1 Signed, sealed and delivered in the presence of: I Print Name:y,,ot+ 7 Witness Print Name:fUA7 L— c/ STATE OF FT�0�2ID1i — COUNTY OF van The eggoing instrument was ad o1997, by As..ur'jtO' of me or who has produced who did (did not) take an oath. My Commission Expires: PAGE 15CO LESSOR dged before me this day as a who is pP�yy kn�um o identification and PQrintYNPammeeL � V-Lr G . rrD4,k< L' . (Seal) OFFICIAL NOCARYSEAL STEVEN C FRANKLIN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC5897M MY COMMISSION EXP. SEPT 302DDO 1R BOOK 115� PAGE 15('" Signed, sealed and delivered in the presence of: Witness Print Name • 3y WtQ.0a a-4m� Witness Print Name: TM2eQS4 F2YY4$i STATE OF ?:: Xy7.4 COUNTY OF The fore oing instrument was ackni of ,- , 1997, by as IX, P. Georgia corecftation, who is per produced who did (did not) take an oath. My Commission Expires: RWMp/6 RLOR.ISE 11/17/97 !"IBELLSOUTE MOBILITY INC l•Ilr Title MM21UN .L vn.c rnwn+. ,.. . Violl° a. before me this ,L,9 "''day of BELLSOUTH MOBILITY INC, a ly known to me or who has 'as identification and WUtldQ NOTARY PUBLICf ,'W,n, �( p„Qn Print Name: W eA `Y�'/ vl (Seal) ,�" WE77GYA.WNMR Wme: 6epw t7, MM ftRWdTW Rft Pd% OR BOOK 1156 PAGE 1: 5 EXH 10 IT'A" By: NaTE: Drawing not to rcaoie 0 3s' z5' 00p_ 85 M 100 ft. Lessor Initials _ Tenant Initials N P � OR BOOK 11-56 PAGE 1€j,, 13 • • EXHIBIT " DESCRIPTION OF PA ENT TRACT DESCRIPTION PEP WARRANTY Di ED FROM WTWV. INC. AND DBA MICROWAVE SERVICE COMPANY. FILED AND RECORDED IN ST. LUCIE COON PUBLIC RECORDS ON 10122191 (O.R.S./PG. NOT KNOMI BY W.B.Z. do ASSOC.) BEGINNING on the North boundary line of the S 1/4 of the NE 1/4 of the SE 1/4 of Section 6, Township 34 South, Range 40 East, at a point 369.56 feet East from the NW corner of said S /4 of the NE 1/4 of the SE 1/4, said point being 100 feet Westerly from when measured at right angles to) the survey line of State Road No. 5; thence run South 18' 21' 34" East 500 feet along a line 100 feet Westerly of and parallel to said survey line; thence turn and run Southwesterly 512.7 feet, more or less, to a point 500 feet South of the NW corner of S 1/4 of NE 1/4 of SE 1/4, on the West line of the E 1/2 of the SE 1/4 of said section; thence North 500 feet to the NW corner of the S 1/4 of the NE 1 14 of the SE 1/4; thence run East along the North line of the S 1/4 of the NE 1/4 of the SE 1/4 to the point of beginning. All lying in and being a port of the SE 1/4 of Section 6, Township 34 South, Range 40 East. DESCRIPTION OF ACCESS EASEMENT A parcel of land lying in the Soul Range 40 East, St. Lucie County, described as follows: Commencing of a 3"X3" concrete me right —of way r/w) line of State R foot r/w width and the Westerly r/ proceed South 18' 39' 40" East along feet to the POINT OF BEGINNING; the said Westerly r/w line a distance c Westerly r/w line, South 69' 09' 47 South 18' 38' 15" East a distance line of an existing concrete block bui said Northerly building line a disto building line, North 18' 38' 15" We: 69' 09' 47" East a distance of 1 1/4 of Section 6, Township 34 South, i, said parcel being more particularly iument at the intersection of the Northerly ad No. 713 (Turnpike Feeder Road. 100 line of U.S. Highway No. 1 (r/w varies), said Westerly r/w line a distance of 951.85 ce continue South 18' 39' 40" East along 20.01 feet; thence departing from said West a distance of 116.33 feet; thence of 1.17 feet to o point on the Northerly ling; thence South 71' 21' 45" West along ce of 22.00 feet; thence departing said t a distance of 20.34 feet; thence North $8.33 feet to the POINT OF BEGINNING. Containing on area of 2.783 square l feet.