HomeMy WebLinkAboutOPTION AND LEASE AGREEMENTSCANNED
BY
St. Lucie County
OPTION & LEASE AGREEMENT
This Option and Land -Lease, hereinafter referred to as -
"Lease", is made the last day executed below by and between
WYNNE CAPITAL, LLC, a Florida limited liability company,
having an address of 8000 South US Highway One Suite 402 Port St.
Lucie, FL 34952, Federal Tax ID 650901349, hereinafter referred to
as "Lessor", and SCI TOWERS, LLC., a Florida limited liability
company, having a mailing address of 8000 South US Highway One
Suite 402 Port St Lucie, FL 34952, hereinafter referred to as
"Lessee."
1. The Option.
(a) For the sum of (the
"Option Fee"), to be paid to Lessor by Lessee upon execution of this
Lease and other good and valuable consideration, Lessor hereby
grants to Lessee the exclusive and irrevocable option for one (I) year
from the date hereof (the "Initial Option Period'), to lease the Leased
Space (as defined below) on the terms and conditions set forth below
(the "Option"). The Option may be extended for an additional one
(1) year period upon written notification. to Lessor by Lessee
accompanied by the payment of an additional
delivered to Lessor prior to the
end of the Initial Option Period. The Initial Option Period, as it may -
be extended, is referred to herein as the "Option Period"
(b) In the event the Additional Option Fee is not
made and/or written notice not delivered by the due date for the same,
then the Option will terminate and this Lease will terminate and
Lessor will be entitled to retain all previously paid sums as full
payment for the Option granted hereunder. However, if Lessor
accepts any Additional Option Fee, Rent (as defined below), and/or
written notice after the due date for the same, then Lessees failure to
mnke timely payment of the additional fee will be deemed waived
and this Lease will be reinstated. Upon Lessee's exercise of the
Option, the Lease which follows will take effect and Lessee shall be
entitled to a credit for all Option Fees paid against Rent due under
this Lease.
(c) During the Option Period,. Lessee shall have the
right to enter Lessor's property to conduct tests and studies, at
Lessee's expense, to determine the suitability of the Leased Space for
Lessees intended use. The tests may include, without limitation,
surveys, soil tests, environmental assessments and radio wave
propagation measurements.
(d) Lessee may exercise the Option by delivery of
written notice to Lessor in accordance with the Notice provision
specified herein. Upon Lessee's exercise of the Option, the Lease
which follows will take effect.
2. Leased Space and Premises. Upon Lessee's exercise
of the Option, Lessor shall lease, and hereby leases, to Lessee
approximately 10,000 square feet of space as depicted in Exhibit A
attached hereto (the "Leased Space") within the property identified
by the St. Lucie County Property Appraiser's office as Parcel #21087
111-0001-010-8 with the legal description set forth in Exhibit B
attached hereto ("Premises"). Lessor also hereby giants to Lessee the
right to survey the Leased Space at Lessee's cost. The survey will
automatically replace Exhibit A and be made a par[ hereof. The
Leased Space legal and access and utility easement set forth in the
survey will replace any parent parcel description set forth in Exhibit
B as soon as it becomes available. In the event of any discrepancy
between the description of the Leased Space contained herein and the
survey, the survey will control. The Leased Space will be utilized to
construct, support and operate a wireless communications facility,
including a communications tower, antennas, cables, and related
structures and improvements (collectively the "Structures"),
Site Name:
Site Number.
including the uses as permitted and described in Section I of this
Lease and for any other purpose with the Lessor's prior written
consent which shall not be unreasonably withheld, conditioned of
delayed. In the event Lessee chooses to erect a guyed tower, Lessor
hereby grants an appurtenant easement to Lessee (i)'in, over and
across the Premises for the purpose of anchoring, mounting and
replacing the guy wires extending from Lessee's tower on the Leased
Space, and (ii) in, over and across thatportion of the Premises dying
within twenty (20) feet from each guy wire anchor and from both
sides of every guy wire for the purpose of maintaining and repairing
such guy anchors and wires together with the right to clear all trees,
undergrowth or other obstructions and to trim, cut and keep trimmed
and cut all tree limbs, undergrowth, or other obstructions which may,
in the reasonable opinionof Lessee,interfere with or fall upon
Lessee's tower, any of the tower's guy anchorsand wires or any of
Lessee's other improvements on the Leased Space.
3. Term. The initial term of this Lease will be five (5)
years from the "Commencement Date' specified below (in no event
shall this date be ear]' r than the date on which Lessee exercises the
Option) and shall an nmtically renew for up to ten (10) additional
terms of five 5) y ars each unless Lessee notifies Lessor of its
intentio t re e r to commencement of the succeeding
�renewa
Rent. The r tfor the 5xst five (5) years of the Lease
r will' bi per month (the "Rent"), paid monthly in advance, which
Lesse"ill pay to Lessor at the place as Lessor will designate to
Lessee in writing. If the initial term or any renewal term does not
begin on the first day or end on the last day of a month, the Rent for
that partial month will be prorated by multiplying the monthly Rent
by a fraction, the numerator of which is the number of days of the
partial month included in the initial, term or renewal term and the
denominator of which is the total number of days in the full calendar
month Beginning with the sixth (6) year of the Lease and every
fifth (5) year thereafter, the then current monthly rental fee will be
increased- by the lesser of (i) fifteen (15%) percent or (4). the
percentage change in. the Consumer Price Index ("CPI"). for the
immediately preceding initial tern or renewal term for which the
Rent has remained constant. For the purposes of the calculation, the
CPI will be the Consumer Price Index U.S. Averages for the Urban
Wage Earners and Clerical Workers All Items (1982-84-100)
published by the United States Department of Labor, Bureau of Labor
Statistics for the three (3) months prior to the escalation date. Each
such year shall commence on the corresponding anniversary of the
Commencement Date. Lessee is entitled to withhold payment of
Rent until such time as Lessee receives a completed W-9 form from
Lessor, setting forth the Federal tax identification number of Lessor
or the person or entity to whom the Rent checks are to be made
payable as directed in writing by Lessor. The parties acknowledge
and agree that the foregoing is a reasonable requirement in order to
allow Lessee to comply with its legal requirements.
5. Ingress and Egress. Lessor hereby grants to Lessee an
easement (the "Easement") for ingress, egress andregress over the
Premises adjacent to the Leased Space for construction, operation and
maintenance of the Structures on the Leased Space, and for
installation, construction, operation and maintenance of underground
and above ground telephone, telegraph, and power lines, in
connection with its use of the Leased Space. The term of this
Easement will commence upon exercise of the Option and will
continue until the last to occur of (i) expiration of the initial tens or
renewal term, or (it) removal by Lessee of all of its property from the
Leased Space after expiration of the initial term or renewal term. The
location. and configuration of the Easement will be agreed upon by
TatyUs
the parties within ten (10) business days after the latter of Lessee's
exercise of the Option, or Lessee's approval of the survey. The
Easement shall be included in any recorded Memo (as hereinafter
defined) of this Lease. In addition, at Lessee's requestand expense,
this Easement will be set forth in a separate easement agreement (the
"Easement Agreemem") which Lessor and Lessee agree to execute
and which Lessee will have recorded as an encumbrance on the
property of Lessor. in all events, the Easement and this Lease shall
be binding upon all subsequent owners, successors and assigns.
Lessee agrees that Lessor may, at Lessor's expense,
relocate the above described easements to another comparable
location on the Premises provided that: (a) Lessee receives no less
than sixty (60) days prior written notice thereof; (b) Lessee approves
the proposed new location of the easement which approval will not
be unreasonably withheld or delayed; (c) Lessee's access and
beneficial use and enjoyment of the Leased Space is not interrupted,
obstructed or materially affected; and (d) the utility services to the
Leased Space are not interrupted.
6. Title wad Ouiet Possession. Lessor represents and
covenants that Lessor owns the Leased Space in fee simpleterms,
tree and clear of all liens, encumbrances and restrictions of every
kind and nature, except for those as set forth below:
Name of Lien holder Two of Lien
Lessor represents and warrants that there are no matters
affecting title that would prohibit, restrict or impair the leasing of the
Leased Space or use or occupancy thereof in accordance with the
terms and conditions of the Lease. Lessor represents and warrants to
Lessee that Lessor has the full right to make this Lease and that
Lessee will have quiet and peaceful possession of the Leased Space
throughout the initial term or renewal term.
7. Subordination. Non -disturbance and Attornment.
Lessee agrees that this Lease will be subject and subordinate to any
mortgages or deeds of trust now or hereafter placed upon the Leased
Space and to all modifications thereto, and to all present and future
advances made with respect to any such mortgage or deed of trust;
provided that, the holder of any such instrument agrees in writing that
Lessee's possession of the Leased Space will not disturbed so long
as Lessee will continue to perform its duties and obligations under
this Lease and Lessee's obligation to perform the duties and
obligations will not be in any way increased or its rights diminished
by the provisions of this paragraph. Lessee agrees to attom to the
mortgagee, trustee, or beneficiary under any such mortgage or deed
of trust, and to the purchaser in a sale pursuant to the foreclosure
thereof, provided that, Lessec's possession of the Leased Space will
not be disturbed so long as Lessee will continue to perform its duties
mid obligations under this Lease. Lessee's obligations hereunder are
conditioned upon receipt by Lessee, within ten (10) business days
after Lessee's notice of its intent to exercise the Option, or within ten
(10) business days after the date of creation of any future mortgages
or deeds of trust, of a Subordination, Non -disturbance and
Attomment Agreement in form reasonably acceptable to Lessee, from
any holder of a mortgage, deed to secure debt, or deed of trust to
which this Lease is, or will become, subordinate.
8. Governmental Approvals and Compliance. During
the initial tern or renewal term, Lessee will make reasonable efforts
to comply with all applicable laws affecting Lessee's use or
occupancy of the Leased Space. Lessee will not commit, or suffer to
be committed, any waste on the Leased Space. Lessor agrees to fully
cooperate with Lessee in order to obtain the necessary permits for
construction and use of the Leased Space and its Structures
(including any modifications) to the tower or Leased Space or the
addition(s) of equipment or sublessees to the tower or Leased Space),
including, but not limited to, zoning approvals/permits and building
permits. Lessor agrees not to take any action that may adversely
affect Lessee's ability to obtain all of the necessary permits required
for construction of the Structures. Lessee will obtain any necessary
governmental licenses or authorizations required for the construction
and use of Lessee's intended Structures on the Leased Space and will
famish copies of same to Lessor as same are issued. If and to the
extent Lessee is at any time required to landscape or provide
screening around the outside of the tower or Leased Space, Lessor
hereby grants Lessee an easement ten (10) feet in width around the
perimeter of and adjacent to the Leased Space in order to comply
with such landscaping or screening requirements.
9. Assignment and Subleasing. Lessee may sublet all or
part of the Leased Space or may assign or transfer this Lease in whole
or in part without Lessor's consent Upon such assignment, Lessee
shall be relieved of all liabilities and obligations under this Lease.
Lessor may not assign this Lease or any rights thereunder, except in
connection with conveyance of fee simple titleto the Premises,
without the prior written consent of Lessee, in Lessee's sole and
absolute discretion. In the event that Lessee from time to time
subleases all or a portion of the Leased Space or as otherwise
reasonably required by Lessee for work at the Leased Space, Lessor
hereby grants to Lessee a temporary construction easement over such
portion of the Premises as is reasonably necessary for such work
Following the completion of such work, Lessee shall, at Lessee's sole
cost and expense, promptly repair .any damage to the temporary
easement area arising from Lessee's use thereof.
10. Notices. All notices, demands, requests, consents,
approvals and other instruments required or permitted to be given
pursuant to this Lease will be in writing, signed by the notifying
party, or officer, agent or attorney of the notifying party, and will be
deemed to have been effective upon delivery if served personally,
including but not limited to delivery by messenger, overnight courier
service or by overnight express mail, or upon posting if sent by
registered or certified mail, postage prepaid, return receipt requested,
and addressed as follows:
To Lessor: Wynne Capital, LLC
8000 South US Highway One
Suite 402
Port St. Lucie, FL 34952
RE: Wynne Ranch Tower
Phone # - (888) 549-3889
Rent Payable to: Wynne Capital, LLC
To Lessee: SCI Towers, LLC.
8000 South US Highway One
Suite 402
Port St Lucie, FL 34952
RE: Wynne Ranch Tower
Phone# (888)549-3889
The address to which any notice, demand, or other writing may be
delivered to any party as above provided may be.changed by written
Site Name:
Site No.:
notice given by the party as above provided. Simultaneously with
any notice of default given to Lessee under the terms of this Lease,
Lessor shall deliver a copy of such notice to Lender at an address to
be provided by Lessee.
11. Lessee Improvements. Lessee has the right, at its sole
expense, to make the improvements on the Leased Space as it may
deem necessary, including any improvements necessary for the
construction and operation of the Structures. Lessee will be
responsible for the cost of any site preparation work necessary to
prepare the Leased Space to support the Structures. All Lessee's
improvements, including but not limited to, prefabricated buildings,
generators, fencing, Structures and any other improvements will
remain the property of Lessee. The Structures may be used for the
transmission, reception and 'relay of communication signals,
including, without limitation, radio frequency signals. Upon
termination of this Lease, Lessee will, to the extent reasonable,
restore the Leased Space to its original condition at the
commencement of this Lease, except for ordinary wear and tear and
damages by the elements or damages over which Lessee had no
control. Lessee and Lessor agree that it will not be reasonable to
require Lessee to remove any improvements contemplated hereunder
which are permanent in nature, including but not limited to
foundations, footings, concrete, paving, gravel, vegetation and
utilities.
12. Insurance. Lessee, at all times during the term(s) of
this Lease, will maintain in full force a comprehensive public liability
insurance policy covering all of its operations, activities, liabilities
and obligations on the Leased Space, having limits not less than One
Million Dollars ($1,000,000). On or before the Commencement
Date, Lessee will give Lessor a certificate of insirance evidencing
that such insurance is in effect. Lessee shall deliver to Lessor a
renewal certificate evidencing that such insurance is in effect within
ten (10) business days. of Lessor's request for such certificate. The
insurance policy shall be issued by an insurance company authorized
to do business in the state in which the Leased Space is located and
shall provide thirty (30) days prior written notice to the Lessor of any
cancellation of such policy. Any insurance required to be provided
by Lessee may be provided by a blanket insurance policy covering
the Leased Space and other properties leased or owned by Lessee
provided that such blanket insurance policy complies with all of the
other. requirements with respect to the type and amount of insurance.
13. Operating Expense. Lessee will pay for all water,
gas, heat, light, power, telephone service, and other public utilities
furnished to the Leased Space and used by Lessee throughout the
initial term or renewal term hereof, and all other costs and expenses
of every kind whatsoever in connection with the use, operation, and
maintenance of the Leased Space and all activities conducted thereon.
14. Taxes. Lessee will pay any personal property taxes
assessed on, or any portion of the taxes attributable to the Structures.
Lessor will pay when due all real property taxes and all other fees and
assessments attributable to the Premises.
15. Maintenance. Lessee will use best efforts to maintain
the Leased Space in good condition and state of repair. Except
insofar as Lessee is made responsible by this Lease, Lessor will
maintain the premises surrounding the Leased Space in good
condition and state of repair.
16. Hold Harmless. Lessor will be held harmless by
Lessee from any liability (including reimbursement of reasonable
attorneys' fees and all costs) for damages to any person or any
property in or upon the Leased Space at Lessee's imitation, or for
damages to any person or property resulting from the actions of
Lessee (including damages caused by or resulting -from the existence
of the Structures) on the Leased Space, unless the damages are
caused by, or are the result of, the misconduct or negligence of
Lessor or any of Lessees agents, servants, employees, licensees or
invitees. Notwithstanding any provisions herein to the contrary, it is
understood and agreed that all property kept, installed, stored or
maintained in or upon the Leased Space by Lessee will be so
installed, kept, stored or maintained at the risk of Lessee. Lessor will
not be responsible for any loss or damage to equipment owned by
Lessee which might result from tornadoes, lightning, wind storms, or
other Acts of God; provided, however, Lessor will be responsible for,
and agrees to hold Lessee harmless from any liability (including
reimbursement of reasonable legal feesand all costs), for damages to
any person or my property in or upon the Leased Space arising out of
the misconduct or negligence of Lessor or any of Lessor's agents,
servants, employees, licensees or invitees. Except for willful
misconduct, neither Lessor nor Lessee will in any event be liable in
damages for each other's business loss, business interruption or other
consequential damages of whatever kind or nature, regardless of the
cause of the damages, and each party, and anyone claiming by or
through them, expressly waives all claims for the damages.
17. Termination Riehts.
(a) Lessee may terminate this Lease, at its option,
after giving. Lessor not less than sixty (60) days prior written notice to
cure, if. (i) any governmental agency denies a request by Lessee for a
permit, license or approval which is required for Lessee to construct
or operate the Structures on the Leased Space or any such permit is
revoked; (ii) Lessee determines that technical problems or radio
interference problems from other antennas or from nearby radio
transmitting facilities, which problems cannot reasonably be
corrected, impair or restrict Lessee from using the Leased Space for
Lessee's intended purpose; (iii) Lessee determines that it does not
have acceptable and legally enforceable means of ingress and egress
to and from the Leased Space; (iv) Lessor does not have legal nor
sufficient ownership of or title to the Leased Space or Premises or the
authority to enter into this Lease; (v) utilities necessary for Lessees
contemplated use of the Leased Space are not available; (vi) the
Leased Spaceis damagedor destroyed to an extent which prohibits or
materially interferes with Lessee's use of the Leased Space or
Lessee's equipment and attachments thereto; (vii) the Premises now
or hereafter contains a Hazardous Material;:(viii) Lessee is unable to
obtain a Subordination, Non -disturbance and Attomment Agreement;
(ix) a material default by Lessor occurs; (x) Lessor fails to perform
any of they material covenants or provisions of this Lease or if any
representation or warranty contained herein is found to be untrue; (xi)
the Leased Space is the subject of a condemnation proceeding or
taking by a governmental authority, or quasi -governmental authority
with the power of condemnation, or if the Leased Space is transferred
in lieu of condemnation (rent will be abated during the period of
condemnation or taking); (xii) the use of the site will not sufficiently
benefit Lessee economically or commercially; (xiii) if Lessee
determines, in its sole discretion that it will not be viable to use the
site for its intended purpose; or (xiv) if Lessee determines, in its sole
discretion, that it will be unable to use the site for any reason. In the
event of termination by Lessee or Lessor pursuant to this provision,
Lessee will be relieved of all further liability hereunder. Any rental
fees paid prior to the termination date will be retained by Lessor. in
the event Lessor fails to perform its obligations under this Lease for
any reason other than Lessee's breach, Lessee may pursue all
remedies available at law and in equity. Lessor hereby acknowledges
that. Lessee will incur significant expenses in reliance on this Lease,
Site Name:
Site No.:
and therefore agrees to pay Lessee for all consequential damages
which Lessee will suffer as a result of lessors breach. In the event
Lessor fails to comply with the terms of this Lease, Lessee may, in its
sole and absolute discretion, cure any such default, and to the extent
Lessee inures any expenses in connection with such cure (including
but not limited to the amount of any real property taxes Lessee pays
on behalf of Lessor), Lessor agrees to promptly reimburse Lessee for
such expenses incurred and hereby grants Lessee a security interest
and lien on the Premises, to secure Lessor's obligation to repay such
amounts to Lessee. In addition, Lessee may offset the amount of any
such expenses incurred against any rent payable hereunder.
(b) Lessor may only terminate this Lease, at its
option, in the event of a material default by Lessee or Lessee's failure
to pay Rent when due, which default or failure is not cured within
sixty (60) days after Lessee's receipt of written notice of such default
or failure. No such failure to cure a material default, however, will
be deemed to exist if Lessee has commenced to cure such default
within said period and provided that such efforts are prosecuted to
completion with reasonable diligence. Delay in curing a material
default will be excused if due to causes beyond the reasonable control
of Lessee.
18. Exclusivity. During the initial term or renewal term,
neither Lessor, nor its successors or its assigns, will use or suffer or
permit another person, corporation, company, or other entity to use
the Premises or any adjacent parcel of land now or hereafter owned,
leased or managed by Lessor, its successors or assigns, for the uses
pemitted herein or outer uses similar thereto.
19. Binding on Successors. The covenants and conditions
contained herein will apply to and bind the heirs, successors,
executors, administrators and assigns of the parties hereto. Further,
this Lease will run with the land and all subsequent purchasers will
be subject to the terms and conditions specified herein.
20. Access to Leased Space/Premises. Lessee shall have
at all times during the initial term or renewal term the right of access
to and from the Leased Space and all utility installations servicing the
Leased Space on a 24 hours per day/7 days per week basis, on foot or
by motor vehicle, including trucks, and for the installation and
maintenance of utility wires, cables, conduits and pipes over, under
and along the right-of-way extending from the nearest accessible
public right-of-way.
21. Governing Law. The parties intend that this Lease
and die relationship of the parties will be governed by the laws of the
State in which the Leased Space is located.
22. Entire Lease. All of the representations and
obligations of the parties are contained herein, and no modification,
waiver or amendment of this Lease or of any of its conditions or
provisions will be binding upon a party unless in writing signed by
that party or a duly authorized agent of that party empowered by a
written authority signed by that party. The waiver by any. party of a
breach of any provision of this Lease will not operate or be construed
as a waiver of any subsequent breach of that provision by the same
patty, or of any other provision or condition of the Lease.
23. Survev and Testing. Lessee will have the right during
the initial term or renewal term of this Lease (and the Option Period,
if applicable) to survey, soil test, and make any other investigations
necessary to determine if the surface and subsurface of the Leased
Space are suitable for construction and operation of the Structures. If
Lessee, prior to completion of the Structures determines that for any
reason the surface or subsurface of the Leased Space is not suitable to
construct and operate the Structures, this Lease, upon written notice
given to Lessor prior to completion of the Structures will become null
Site Name:
site No.;
and void; provided that at Lessee's sole expense the Leased Space
Will be promptly restored to the -extent contemplated by the Lessee —
Improvements section above and provided further that Lessee will
deliver copies of all soil tests and investigation reports to Lessor.
24. Oil. Gas and Mineral Rights. Lessor does not grant,
lease, let or demise hereby, but expressly excepts and reserves here
from all rights to oil, gas and other minerals in, on or under and that
might be produced or mined from the Leased Space; provided,
however, that no drilling or other activity will be undertaken on or
beneath the surface of the Leased Space or Easement area to recover
any oil, gas or minerals. This Lease is given and accepted subject to
the terms and provisions of any valid oil, gas and mineral lease
covering the Leased Space or any part thereof, now of record in the
office of the County Clerk, provided, however, that any future oil, gas
or mineral lease covering the above -described lands or any part
thereof will be in all respects subordinate and inferior to the rights,
privileges, powers, options, immunities, and interests granted to
Lessee under the terms of this Lease.
25. Hazardous waste.
(a) The term "Hazardous Materials" will mean any
substance, material, waste, gasor particulate matter which is
regulated by the local governmental authority where the Leased
Space is located. the State in which the Leased Space is located, or
the United States Govemment, including, but not limited to, any
material or substance which is (i) defined as a "hazardous waste,"
"hazardous material," "hazardous substance," "extremely hazardous
waste;' or restricted hazardous waste" under any provision of state or
local law, (ii) petroleum, (iii) asbestos, (iv) polychlorinated biphenyl,
(v) radioactive material, (vi) designated as a "hazardous substance"
pursuant to Section 311 of the Clean Water Act, 33 U.S.C. 11251 et
seq. (33 U.S.C.'1317), (vii) defined as a "hazardous waste" pursuant
to Section 1004 of the Resource Conservation and Recover Act, 42
U.S.C. '6901 at seq. (42 U.S.C. '6903), or (viii) defined as a
"hazardous substance" pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act. 42
U.S.C. 19601 et Soil. (42) U.S.C. 19601). The term "Environmental
Laws" will mean all statutes specifically described in the foregoing
sentence and all applicable federal, state and local environmental
health and safety statutes, ordinances, codes, rules, regulations, orders
and decrees regulating; relating to or imposing liability or standards
concerning or in connection with Hazardous. Materials.
(b) Lessor represents and warrants that, to the best of
Lessor's knowledge, (i) the Leased Space has not been used for the
use, manufacturing, storage, discharge, release or disposal of
hazardous waste, (ii) neither the Leased Space nor my part thereof is
in breach of any Environmental Laws, (iii) there are no underground
storage tanks located on or under the Leased Space, and (iv) the
Leased Space is free of any Hazardous Materials that would trigger
response or remedial action under any Environmental Laws or any
existing common law theory based on nuisance or strict liability. If
any such representation is in any manner breachedduring the initial
term or renewal term of this Lease ( a "Breach'), and if a.Breach
gives rise to or results in liability (including but not limited to, a
response action, remedial action or removal action) under any
Environmental Laws or any existing common law theory based on
nuisance or strict liability, or causes a significant effect on public
health, Lessor will promptly take any and all remedial and removal
action as required by law to clean up the Leased Space, mitigate
exposure to liability arising from, and keep the Leased Space free of
any lien imposed pursuant to, any Environmental Laws as a result of
a Breach.
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(c) In addition, Lessor agrees to indemnify, defend
and hold harmless Lessee, its officers, partners, successors and
assigns from and against any and all debts, liens, claims, causes of
action, administrative orders and notices, costs (including, without
limitation, response and/or remedial costs), personal injuries, losses,
attorneys' fees, damages, liabilities, demands, interest, fines,
penalties and expenses, consultants' fees and expenses, court costs
and all other out-of-pocket expenses, suffered or incurred by Lessee
and its grantees as a result of (a) any Breach, or (b) any matter,
condition or state of fact involving Environmental Laws of
Hazardous Materials which existed on or arose during the initial term
or renewal term of this Lease and which failed to comply with (i) the
Environmental Laws then in effect or (ii) any existing common law
theory based on nuisance or strict liability.
(d) Lessor represents and warrants to Lessee that
Lessor has received no notice that the property or any part thereof is,
and, to the best of its knowledge and belief, no part of the Premises is
located within an area that has been designated by the Federal
Emergency Management Agency, the Army Corps of Engineers or
any other governmental body as being subject to special hazards.
(e) The covenants of this section will survive and be
enforceable and will continue in full force and effect for the benefit
of Lessee and its subsequent transferees, successors and assigns and
will survive the initialterm or renewal term of this Lease and any
renewal periods thereof.
26. Mechanic's and Landlord's Liens. Lessee will not
cause any mechanic's or materialman's lien to be placed on the
Leased Space and Lessee agrees to indemnify, defend and hold
harmless Lessor from any such lien from a party claiming by, through
or under Lessee. Additionally, Lessor disclaims and waives any now
existing or hereafter arising landlord's lien or other statutory or non -
statutory lien or security interest in Lessee's and/or its sublessees'
communication facilities, equipment, improvement, fixtures or other
property.
27. Headings. The headings of sections and subsections
are for convenient reference only and will not be deemed to limit,
construe, affect, modify or alter the meaning of the sections or
subsections.
28. Time of Essence. Time is of the essence of Lessor's
and Lessee's obligations under this Lease.
29. Severability. If any section, subsection, term or
provision of this Lease or the application thereof to any party or
circumstance will, to any extent, be invalid or unenforceable, the
remainder of the section, subsection, terns or provision of the Lease
or the application of same to parties or circumstances other than those
to which it was held invalid or unenforceable, will not be affected
thereby and each remaining section, subsection, term or provision of
this Lease will be valid or enforceable to the fullest extent permitted
by law.
30. Real Estate Broker. Lessor represents and warrants
that Lessor has not signed a listing agreement, dealt with or otherwise
agreed to pay a broker's commission, finder's fee or other like
compensation to anyone in connection with the lease of the Leased
Space or the transaction contemplated by this Lease and Lessor
agrees to indemnify and hold Lessee harmless from and against any
such claims or costs, including attorneys' fees, incurred as a result of
the transaction contemplated by this Lease.
31. Further Assurances. Each of the parties agree to do
such further acts and things and to execute and deliver the additional
agreements and instruments (including, without limitation, requests
or applications relating to zoning or land use matters affecting the
Structures) as the other may reasonably require to consummate,
evidence or confirm this Lease or any other agreement contained
herein in the manner contemplated hereby. If Lessor fails to provide
requested documentation within thirty (30) days of Lessee's request,
or fails to provide any Non -Disturbance Agreement required in this
Lease, Lessee may withhold and accrue the monthly rental until such
time as all such documentation is received by Lessee.
32. Right to Register or Record. Lessee may request that
Lessor execute a Memorandum of Option and Land Lease,
Memorandum of Land Lease or Short Form of Lease (collectively a
"Memo") for recording in the public records. .Lessor agrees and
authorizes Lessee to attach and/or insert a certified legal description
of the Leased Space, once complete, to the. Memo and record same in
the public records.
33. Interpretation. Each party to this Lease and its
counsel have reviewed and had the option to revise this Lease. The
normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party will not be employed in the
interpretation of this Lease or of any amendments or exhibits to this
Lease.
34. Condemnation. Lessor shall fully advise Lessee in a
timely manner of all condemnation proceedings or prospective
condemnation proceedings in order that Lessee may fully protect and
prosecute its rights and claims relating to the Leased Space. If the
whole of the Leased Space shall be taken or condemned by, or
transferred in lieu of condemnation to, any governmental or quasi
governmental authority or agency with the power of condemnation
during the initial Option Period, Additional Option Period or initial
term or renewal term of this Lease, Lessee shall be entitled to any
award based upon its leasehold interest as set forth in this Lease,
along with the value of all Lessee's improvements, including, but not
limited to, the Structures, prefabricated buildings, generators, fencing
and any other improvements and for all of Lessee's other personal
property, trade fixtures, fixtures, moving expenses, business
damages, business interruption, business dislocation, prepaid Rent or
other losses or expenses as may be incurred. In the event only a
portion of the Premises, which portion does not include the whole of
the Leased Space, shall be taken or condemned by, or transferred in
lieu of condemnation to any governmental or quasi -governmental
authority or agency with the power of condemnation during the Initial
Option Period, Additional Option Period or initial term or renewal
term of this Lease, Lessee shall have the option to either: (1)
terminate this Lease; or (2) continue in possession of the property
pursuant to the terms of this Lease with a proportionate reduction in
Rent equal to that portion, if any, of the Leased Space so taken,
condemned or transferred in lieu of condemnation. In either event,
Lessee shall be entitled to any award based upon its leasehold interest
in the portion of the Premises condemned, taken or transferred in lieu
of condemnation, along with the value of all Lessee's improvements,
including, but not limited to, the Structures, prefabricated buildings,
generators, fencing and any other improvements and for all. of
Lessee's other personal property, trade fixtures, fixtures, moving
expenses, business damages, business -interruption, business
dislocation, prepaid Rent or other losses or expenses as may be
incurred. Nothing contained herein shall prohibit Lessee from
making its own claims against any condemning authority for any
losses or damages Lessee shall incur as a result of a condemnation, or
sale in lieu of condemnation, of the whole or any portion of the
Premises.
35. Right of First Refusal. If at any time during this
Option and Lease Agreement, Lessor receives a bona fide written
5 °a6 R
TOWERS
Site Name:
Site No.:
offer from a third person (the "Offer") to sell, assign, convey, lease or
otherwise transfer or create any interest in the Leased Space and/or
Premises, or any portion thereof, which Lessor desires to accept,
Lessor shall first give Lessee written notice (including a copy of the
proposed contract) of such Offer prior to becoming obligated under
such Offer, with such notice giving Lessee the right to purchase the
Leased Space for a pro-rata price based on the size that the Leased
Space is to the portion of the Premises described in the Offer. Lessee
shall have a period of thirty (30) days after receipt of Lessor's notice
and terms to accept the Offer or exercise Lessee's right to purchase
the Leased Space and exercise this right of first refusal by notifying
Lessor in writing. If Lessee has not accepted the Offer or exercised
its right to purchase the Leased Space in writing to Lessor within
such thirty (30) day period, the Offer will be deemed rejected. In
addition to the above, Lessor shall not, at any time during the initial
term or renewal term of the Lease, grantany interest in any portion of
the Leased Space or any portion of the Premises (other than the
conveyance of fee simple title to the entire Premises) to any third
party without the prior written consent of Lessee, in Lessee's sole and
absolute discretion.
36. Date of Lease. The parties aclmowledge that certain
obligations of Lessor and Lessee are to be performed within certain
specified periods of time which are determined by reference to the
date of execution of this Lease. The parties therefore agree that
wherever the term "date of execution of this Lease," or words of
similar import are used herein, they will mean the date upon which
this Lease bas been duly executed by Lessor and Lessee whichever is
the later to so execute this Lease. The parties further agree to specify
the date on which they execute this Lease beneath their respective
signatures in the space provided and warrant and represent to the
other that such a date is in fact the date on which each duly executed
his or her name.
COMMENCEMENT DATE: The date that Lessee exercises its
Option.
tarvms
TOWEERS
Site Name:
Site No.:
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the last day and year specified below.
LESSOR: WYNNE CAPITAL, LLC
a Florida limited liability company I
V. / P
'title:
Date:
Witness:
Print Name:
Witness: ''' —Pp k,. n
Print Name: / A �...'
Notary Public:
1 do hereby certify that `S— �• whois,
personally Known or who has proved by sufficient
Hv1 ence to be the person named herein, personally appeared
belbre me this day and acknowledged the due execution of the
Iregoing instrument.
Witness my hand and seat this \��`�'� day of
1_.tn,, �i ,20�.
'rotary Signature
+' "rhf••,,; SUSAN MAGEE
.. MYCOIAMISSIONOEE0.77266
?.'•. `�= EXPIRES: February 23.2015
' 'y wW' Ucntl:d Thnt Nolzry Publl. Und:mr
Site Name:
Site No.:
LESSEE: SCI TOWERS, LLC.,
a Florida limited liability company
By:
By: H. Lee Chapman
Its: VP of Sit Coln pt�s, Inc, Its Managing Member
Date: f� i4 1. I
Witness,. (U — ! _
PrintName: V
Witness:-Z��ci
���
Print Name {�
Notary Public:
I do hereby certify that W Leo CIF-arc�� ho is
personally known to me or who has proved by sufficient
evt ence o e me person named herein. personally appeared
before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and seal this day of
Q �Ruca , 201L_.
r
f
otaryignature —
Ij`,Ni•",p�,�§g�+ SUSAN MAGEE
1 +: ,f�wy '_ MYCOlP7dI551QY®EE 0.i7286
�'�}-�• °- IXPIRES: February23, 2015
•Ftid,`•-' Ba�x17Mi NNaYPu56 UndemTttrs L_
EXHIBIT A
Current Sketch/Survey of the Leased Space within the Premises
The Leased Space shall consist of square feet ground space along with easement rights for access to the
Leased Space by vehicle or foot from the nearest public way and for the installation of utility wires, poles, cables, conduits
and pipes on the Premises in the approximate locations as depicted below:
DESCRIPTION OF LEASED SPACE TO BE INSERTED UPON COMPLETION OF SURVEY
S R %C> ea
Site Name:
Site No.:
24 08 AC
Q
�vmvk i}i,DG01-
8
x iE,'1
r Y 1 4
Initials:
Initials:
EXHIBIT B
LEGAL DESCRIPTION
ATTACH LEGAL DESCRIPTION FROM DEED
The Leased Space shall consist of square feet ground space along with easement rights for access to the
Leased Space by vehicle or foot from the nearest public way and for the installation of utility wires, poles, cables; conduits
and pipes on the Premises in the approximate locations as depicted below:
DESCRIPTION OF LEASED SPACE TO BE INSERTED UPON COMPLETION OF SURVEY
Initials:
Initials:
Site None:
Site No.:
Prepared by: H. Lee Chapman
After recording return to:
SCI Towers, LLC.
8000 South US Highway One, Suite 402
Port St. Lucie, FL 34952
Ph: 888-549-3889
MEMORANDUM OF OPTION AND LAND LEASE
THIS MEMORANDUM OF OPTION AND LAND LEASE (herein "Memorandum") is made this day
of , 201_, by and between Wynne Capital, LLC, a Florida limited liability company having
a mailing address of 3000 South US Highway One Suite 402 Port St. Lucie, FL 34952 (herein "Lessor") and SCI
TOWERS, LLC., a Florida limited liability company having a mailing address of 8000 South US Highway One Suite
402 Port St. Lucie, FL 34952 (herein "Lessee").
WHEREAS, Lessor and Lessee entered into that certain Option and Land Lease dated
, 201_ whereby, Lessor granted to Lessee an Option to lease the land described in
Exhibit "A" attached hereto and made a part hereof. All terms used but not defined herein shall have the
meaning ascribed to them in the Option and Land Lease.
WHEREAS, Lessor and Lessee desire to enter into this Memorandum to give notice of said
Option and Land Lease and all of its terms, covenants and conditions to the same extent as if the same were fully
set forth herein.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration including the option, the rents reserved and the covenants and conditions more
particularly set forth in the Option and Land Lease, Lessor and Lessee do hereby covenant, promise and agree
as follows:
1. The Option and Land Lease provides in part that Lessor grants to Lessee an exclusive and irrevocable
Option to lease approximately 10,000 square feet at a certain site ("Site") located in Section 08, Township 353,
Range 37E, County of St. Lucie, State of Florida, Parcel ID# 2108-111-0001-010-8, Tax Map No. 21/07X within
the property of or under the control of Lessor which is legally described in Exhibit "A" attached hereto and made a
part hereof. The Initial Option Period expires one (1) year from date of execution and may be extended for an
additional period of one (1) year.
2. In the event Lessee exercises the Option, Lessee shall lease the Site from Lessor, together with all
easements for ingress, egress and utilities as more particularly described in the Option and Land Lease, all upon
the terms and conditions more particularly set forth in the Option and Land Lease for a term of five (5) years,
which term is subject to ten (10) additional five (5) year extension periods.
10
Sitc Name:
Site No.:
3. The sole purpose of this instrument is to give notice of said Option and Land Lease and all its terms,
covenants and conditions to the same extent as if the same were fully set forth herein. The Option and Land
Lease contains certain other rights and obligations in favor of Lessor and Lessee which are more fully set forth
therein.
4. Right of First Refusal. If at any time during the Option and Lease Agreement, Lessor receives a bona fide
written offer from a third person (the 'Offer") to sell, assign, convey, lease or otherwise transfer or create any
interest in the Leased Space and/or Premises, or any portion thereof, which Lessor desires to accept, Lessor
shall first give Lessee written notice (including a copy of the proposed contract) of such Offer prior to becoming
obligated under such Offer, with such notice giving Lessee the right to purchase the Leased Space for a pro-rata
price based on the size that the Leased Space is to the portion of the Premises described in the Offer. Lessee
shall have a period of thirty (30) days after receipt of Lessor's notice and terms to accept the Offer or exercise
Lessee's right to purchase the Leased Space and exercise this right of first refusal by notifying Lessor in writing.
If Lessee has not accepted the Offer or exercised its right to purchase the Leased Space in writing to Lessor
within such thirty (30) day period, the Offer will be deemed rejected. In addition to the above, Lessor shall not, at
any time during the initial term or renewal term of the Lease, grant any interest in any portion of the Leased Space
or any portion of the Premises (other than the conveyance of fee simple title to the entire Premises) to any third
party without the prior written consent of Lessee, in Lessee's sole and absolute discretion.
5. The conditions, covenants and agreements contained in this instrument shall be binding upon and inure
to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and assigns for
the term of the Option and Land Lease and any extensions thereof. All covenants and agreements of this Option
and Land Lease shall run with the land described in Exhibit "A".
I
Site Neste:
Site No.:
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written.
WJTNESSES:
IVA
ct-J V
Print Name
Am 6 a
Print Name J
STATE OF\
} .ss:
COUNTYOF
LESSOR: WYNNE CAPI AL, LLC
Print:\� �n
Title:
Date:
1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid, to take acknowledgments, personally appeared
to me known to be the person described in and who executed the
foregoing instrument and who acknowledged before me that he executed the same in the capacity aforestated.
WITNESS my hand and official seal in the County and State last aforesaid the \yam day of
sc 201\\.
Sign Name:
Print Name: <N\ uaQ�
Notary Public
My Commission expires on:
E=7
edTlw Notary Puhlie U.tAeMtiters
12
Site Name:
Site No.:
LESSEE: SCI TOWERS, LLC.
A FLORIDA LIMITED LIABILITY COMPANY
By: H. Lee Chapman
Its: V� o� ode Concepts, Inc., Its Managing Member
Dat�l Iti I I {L
I I
Print Name
STATE OF }
} .ss:
COUNTYOF`A�, }
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid', to take acknowledgments, personally appeared \\. L. z-o- -r . AS VP
OF SITE CONCEPTS, INC, MANAGING MEMBER OF SCI TOWERS, LLC., A FLORIDA LIMITED LIABILITY
COMPANY, to me known to be the person described in and who executed the foregoing instrument and who
acknowledged before me that she executed the same in the capacity aforestated.
WITNESS my hand and official seal in
Sign Name:
Print Name: x s c lei
Notary Public
My Commission Expires:
P%�,MASEE
s,., L1}•Ep5!S';SSION3EE037'rS6
s EXPIRES: February2% 201.
�I ",:^j"+ BaadaiTFv NdaryPUFAcWdervriars
Site Name:
Site No.:
the County and State last aforesaid the '�y-�"X day of
13
EXHIBIT "A"
Legal Description
The Leased Space shall consist of square feet of ground space along with easement rights for access to the Leased Space by
vehicle or foot from the nearest public way and for the installation of utility wires, poles, cables, conduits and pipes on the
Premises in the approximate locations as depicted below:
(Lessor and Lessee agree that a leased area legal description and access and utility easement can be substituted with a survey
as soon as it becomes available.)
14
Site Name:
Site No.:
�L
Work Request No, 882W3 s EASEMENT
Sec:08, Twp 35 S, Rge 37 E (BUSINESS) JOSEPH E
MITH• CLERK OF THE ,CIRCUFTCOURT
This Instrument. Prepared By SAINT LUC
ECOUNTY
Parcel I.D.210&111-0001-Of0-8 N-Lce Cha mau FILE 461
Name: P OR BOOK 1
(Maintahec!.by County Appraiser) $i« awcm LLC RECORON
2480&2=1903.47,02 PM
314 PAGE 1439-1441 Dw Type, EASMT
C0 Name:
Address: FUMix 1695 Om Ta>
: $2700
10
PpTm'Ci1y, FL34991
RECEIVED
The undersigned, in consideration of the payment of $1.00 and other good and
valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and•give to Florida Power & Light Company, its affiliates,
OCT 0 3 2019
licensees, agents, successors; and assigns ( FPL"), a non-exclusive
easement foreverfor the construction, Operation and maintenance of overhead
ST.Lucie County, Permitting
and underground electric utility facilities (Including wires, poles, guys, cables,
conduits and appurtenant equipment) to be installed from time to time; with the
See Exhibit "A" ("Easement Area")
or
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument
Signed, sealed and delivered in the presence of
J , - r ice . .(.Z n , Entity name
`i �......,...,................... BY
PrintName�G eo-rTu, 1' RSA_' ra
ess Print Name'
h -Z7D Print Address:
Print NameZ4 'P-<. \ � c'\
(V aness)
a
20 .
STATE OF AND COUNTY OF The oregoing instrument was acknowledged
before me this day of i •. a <-A-• 20 r by rq ti� �, ,: t �- �r „ ,i � c the
as identification, and who
My Commission Expires:
SUSMrIAFLEUR
MYCOMMISSiONfGG35S20f
e. 'EXPIRES: Feduary23,2023
.•'?"in°�' Bad8011,NRG4ryPUNCNdMWNtlI.
SCANNED
BY
St. Lucie County
take an
NOTE:
-DESCRIPTION NOT
VALID WITHOUT
SKETCH.
Exhibit "A"
Easement Area
DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 35
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCi
COMMENCING AT THE NORTHEAST CORNER OF SECTION 8;
EAST, ST. LUCIE COUNTY, FLORIDA; THENCE S0036'00"E
SECTION 8; -A DISTANCE OF 1902,70 FEET; THENCE S89'2
FEET; THENCE S00'36'00"E, A DISTANCE .OF 100.00 FEET
OF
TO
THENCE S00'36'00"E ALONG EAST LINE OF LEASE PAF
THE POINT OF BEGINNING.
CONTAINING-12,358.78 SQUARE FEET, MORE OR LESS.
ONAL SURVEYOR & I
REGISTRATION #5556
SKETCH & DESCRIPTION 'OF: PORT SAINT LUCIE OFFiCl
FPL EASEMENT 10250 SW VILLAGE PARKWAY
SURE 201
PREPARED FOR: PORT SAINT LUCIE. FL34987
0 772-462.2455
SO TOWERS 4www.ede-inc.com
REVISIONS ..
'J08 No, ah297-2. DATE. FIELD 800K: N/A- CHECKED BY. NT0
SCALE ; 1'=40' DRAWN BY: FS PAGE:N/A CADD RI£: 14-297-2 FPL
RANGE 37 EAST, ST. LUCIE
1S FOLLOWS'.
;HIP 35 SOUTH, RANGE 37
THE EAST LINE OF SAID
A DISTANCE OF 340.08
POINT OF BEGINNING
EET WEST
LNCEOF 2
E OF A 'L
CE OF 20
THE -
D
_D
E
SHEET
RELATIVE
4. 8 AND. ..
CSAJLV UN IfIL LINt LADLLLV HEREON :AS: .
(BEARING BASIS), ALL OTHER. BEARINGS P. Q C
ARE RELATIVE THERETO,
Z THIS SKETCH AND DESCRIPTION IS FOR THE NORTHEA5C CORNER
EXCLUSIVE .PURPOSE OF DESCRIBING THE- SECTION 8 _ H 9 ,
PARCEL OR STRIP OF LAND 'SHOWN AND IS
NOT'A.BOUNDARY SURVEY.
O1,1,
I Mo
O 0
w S89'2 '00"W 340.08'
LEASE 0
PARCEL o
S89'24 00' W 55:08
S00 3&'00"E '20.00 N89"24'QO"E
' 135.68' m
Q' m
0
zj
Lu
m
PARCEL ID:
SCALE : 2108--111-0001-010--8-ii
INTENDED DISPLAY '
Q {SECURITY YARD) 10
Scale in feet --
1' inch = 100, Feet o
co
a 00I
OI
ABBREVIATION LEGEND z`,
._ P.O.C. "POINT OF COMMENCEMENT..._. - N
P•O.B. POINT OF BEGINNING 589'S2'1.5"E 20.00
P.O.T: POINT OF TERMINUS • „ . S89'52;15"E�'6.00' ° Z.
A.R.B.. 'OFFICIAL RECORD BOOK.. - 589'S2'15 E 5.40 J.
P.& PLAT BOOK
PG. PAGE lo' 5470E T1.oRwa Poir�R ID.DD'
SOUTH LINE OF & UCHT EASEMENT i— ¢,
_ RIW RIGHT OF WAY (o R.B. 415• PG, 1771) '1 r'- UJ,.
CENTER (!NE NORTHEAST QUARTER
S/0 SUBDMSIDN OF SECTION L8
SKETCH. & DESCRIPTION_ 'O' PORT SAINT LUCIE OFFICE
FPL EASEMENT 10250 SWVIllAGEPARKVVAY
4 _ SLOE 201 ,
PREPARED FOR: VORTSAINT LUCI[, FL34987 '
cif. 772�62.2455 _.ENGINEERS 0 SURVEYORS
Sr / Old/�/7� www.edeine.com ENVIRONMENTAL SHE
1✓ / TOWERS, rnPcw i "It aAUTMP Pn sws
4¢.<m1s¢AI€ .krtxoavaiwNeus9 20F 2
`. REVISIONS
JOB Na. a4-297-2 DAIE:7/17/2018 FIELD BOOK: N/A, CHECK91) BY: YTO- --
SCALE, 1`-40' DRAWN. BY: FS .PAGE:N/A_ CADD FILE; 14-297-2 FPL EASE.d.9 -. -
Monday, September 2, 2019 _ - 50:37 PM Eastern Daylight Time
Subject: Re: Wynne Ranch-FPL New Construction Service for commercial project (cell phone tower
site)
Date: Thursday, August 29, 2019 at 2:17:46 AM Eastern Daylight Time
From: H Lee Chapman
To: laurie.risley@waypoint-engineering.com
CC: Russell Morrison
Attachments: Recorded FPL Easement.pdf, image001.png, image002.jpg, image003.png, image004.png,
image00S.png, image006.png, image007.png
From: Russell Morrison <russell.morrison@waypoint-engineering.com>
Date: Thursday, June 6, 2019 at 7:09 AM
To: Home <lee@scitowers.com>
Subject: Wynne Ranch-FPL New Construction Service for commercial project (cell phone tower site)
Lee, give me a call when you get a chance to discuss.
Thanks
Russell C. Morrison, P.E.
Waypoint Engineering and Equipment LLC
820 W. Indiantown Road, Suite 105
Jupiter, Florida 33458
561-252-1220 cell
russell.morrison@waypoint-engineedng.com
From: Laurie Risley <laurie.risley@waypoint-engineering.com>
Sent: Tuesday, June 4, 2019 8:48 AM
To: Russell Morrison
Subject: RE: New Construction Service for commercial project (cell phone tower site)
Per FPL info below, the costs are:
M, a e can IN.i f MOM al = $0 (as the EAR is high enough to justify)
Page 1 of 9
R. iser" 'M at he a = $1,843.22
= $0 with the condition that the customer digs trench and
installs FPL's pvc
Thank you,
Laurie T. Risley
Waypoint Engineering and Equipment LLC
941-928-0791 cell
Laurie. Risley wa _point-engin rin .com
From: Russell Morrison <russell.morrison@waypoint-engineering.com>
Sent: Tuesday, June 4, 2019 6:30 AM
To: Laurie Risley <laurie.risley@waypoint-engineering.com>
Subject: Re: New Construction Service for commercial project (cell phone tower site)
I don't see the cost info...
Russell C. Morrison, P.E.
Waypoint Engineering and Equipment LLC
820 W. Indiantown Road, Suite 105
Jupiter, Florida 33458
561-252-1220 cell
russell.mordsonO-may_ inpo t-enajogerinq.com
From: Laurie Risley <laurie.risley waypoint-engin rin .com>
Sent: Monday, June 3, 2019 11:46:31 PM
To: Russell Morrison
Subject: FW: New Construction Service for commercial project (cell phone tower site)
Page 2 of 9
sua9n>w»,
um Awd
y¥ T +eg
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HaD EGA 3 4 q
� ya@� ig&Ra�m,moa
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..... _im smiql T= , J2a m G z . r » « — ---
a nwao eafybI
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ma:wl w cK
yweaW&;ay%3
nm 523 !y
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m,
naamoWen, A
,«.r>«a,» Lou) »mesawrw,w s« ?
«; 2s
M?
ig s
0KS'
i
Russell,
FPL replied back below on the costs for Wynn Ranch.
Thank you,
Laurie T. Risley
Waypoint Engineering and Equipment LLC
941-928-0791 cell
Laurie. Risleyj§wayp i -en ineerin corn
From: Keith, Josh <JOSh.Keith(a)fol.com>
Sent: Monday, June 3, 2019 7:48 PM
To: Laurie Risley <Iaurie.rislev-a waypoint-engineering.com>
Subject: RE: New Construction Service for commercial project (cell phone tower site)
Good Evening Laurie,
Based on current design layout:
Page 3 of 9
A. OH would be covered by EAR x 4 = $0; however the HH & riser would be: $1843.22
B. UG based on UCD tariff would have no CIAC if the —400' (primary trench & 2" conduit)
credits installed by the customer were applied.
Thanks,
pj.o I Josh Keith I PD Ops Treasure Coast — Sr Engineer 1772.489.6227
From: Laurie Risley<laurie.rislev(a�avooint-engineering.com>
Sent: Monday, June 03, 2019 3:46 PM
To: Keith, Josh < DBh.Keithla,fil.com>
Subject: RE: New Construction Service for commercial project (cell phone tower site)
Josh,
We are waiting on the OH cost, if there is one. Where do you stand with this?
Then, once that is done, how soon can we know what the UG cost would be?
Thank you!
Thank you,
Laurie T. Risley
Waypoint Engineering and Equipment LLC
941-928-0791 cell
Page 4 of 9
From: Keith, Josh <Josh.Keith@fpl.com>
Sent: Wednesday, May 29, 2019 12:24 PM
To: Laurie Risley <laude.risley_ waypoint-enain erin .com>
Subject: RE: New Construction Service for commercial project (cell phone tower site)
Good Morning Laurie,
I am currently still in the design phase, I should have the OH estimate in a few days.
How the costs are determined:
hom!/www.fpl. com/partner/pdf/electric-service-standards-p rovision s. p-df
III. SERVICE PROVISIONS
SECTION: PAGE Ill: 2 of 12
C. Extension of FPL's Electric Facilities
Regards,
FPL® I Josh Keith I Office: (772) 489-6227 1
1 Power Delivery - Distribution Operations I Treasure Coast — Senior Engineer
Link to FPL's Electrical Service Standards: hhtt s:/lwww.fpl.com artne_r/builders/service-standards.htmI
Also visit the new FPL Project Portal atfpl.com/conshvction to manage your FPL Residential and
Commercial construction projects. Get information on construction services and project types,
apply for your construction project, track project milestones, manage your project team and more.
From: Laurie Risley<laude.d5JWjamyooint-engineerina.Q >
Sent: Tuesday, May 28, 2019 10:40 PM
To: Keith, Josh <Josh.Keith ,fpl.com>
Subject: RE: New Construction Service for commercial project (cell phone tower site)
Page 5 of 9
J
Thank you, Josh. I will get on this.
Regarding the extension of primary .... OH vs UG. Have you come up with a cost? Is an OH
pri extension free? What is the cost to do an UG pri extension?
In either scenario above, the customer would bring an ug service to FPUs point of connection
(I assume to either a HH at base of pole, or to a PM TX).
Please advise....
Thank you,
Laurie T. Risley
Waypoint Engineering and Equipment LLC
941-928-0791 cell
Laurie. Rislevy�oint-enaineerina.com
From: Keith, Josh <Josh.KeithCa V.com>
Sent: Tuesday, May 28, 2019 7:11 PM
To: Laurie Risley <laurie.dsle wa point-enaineerina.com>
Cc: Russell Morrison <russell.morrison &wavpoint-enaineering.com>
Page 6 of 9
Subject: RE: New Construction Service for commercial project (cell phone tower site)
Good Evening Laurie,
I've attached the following documents:
1. 360 Notification of FPL Facilities form
z. Easement Cover Letter w/ Instructions
3. Easement for Business
Here is an outline of the proposed FPL facilities easement, where the blue dot represents an
existing transformer pole.
The 20' wide easement would start from the existing pole and travel north 310' then west 115'.
This area would need cleared of trees and overhang before construction could commence.
Page 7 of 9
r-�
Thanks,
EBA I Josh Keith I PD Ops Treasure Coast — Sr Engineer 1772.489.6227
From: Laurie Risley <laurie.rislevia =point-engineerino,�m>
Sent: Thursday, May 09, 2019 5:53 PM
To: Keith, Josh <Josh.KeAb@ 1. nm>
Cc: Russell Morrison <russell.morrison@wayZmbt-engioeering=>
Subject: RE: New Construction Service for commercial project (cell phone tower site)
CAUTION - CXTERNAL EMAIL
Thank you, Keith.
I am attaching
1. The commercial checklist form
2. A .pdf file that has Google Maps on it, for ease of locating the parcel in the rural area of
County Road 68 (SR 68?)
3. A .pdf file of the construction plans for the cell tower site
4. A .pptx file with requested point of service
Please advise when you have visited the site.
Thank you,
Laurie T Risley
Waypoint Engineering and Equipment LLC
941-928-0791 cell
Laurie. Risle�noint-engengineering. com
From: Keith, Josh <Josh.Kei b@,t l.com>
Sent: Thursday, May 9, 2019 3:34 PM
To: Laurie Risley<laurie.risiey@,wayrooinL-=ineering=>
Cc: Cunningham, Mark O <Mark.O.Cunningham@f Ip com>; lannotti, Tammy
<Tammy lannotti _ I.com>
Subject: New Construction Service for commercial project (cell phone tower site)
Hi Laurie,
Per our phone conversation, I've attached the Commercial Checklist form. Please fill -out and
send back to me along with any engineered site & electrical plans you may have.
Regards,
Page 8 of 9
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FPL® I Josh Keith I Office: (772) 48"227 1
1 Power Delivery - Distribution Operations I Treasure Coast — Senior Engineer
Link to FPL's Electrical Service Standards: hffpsa/www. I.com/oartneribuilders/service-standards.html
Also visit the new FPL Project Portal at fnl.com/constniction to manage your FPL Residential and
Commercial construction projects. Get information on construction services and project types,
apply for your construction project, track project milestones, manage your project team and more.
Basic info:
• Property is a parcel of land that will have a new cell phone tower
constructed
• Property is on SR 68, 15.4 miles west of 1-95 ("Premier Citrus
Granada" signage is a landmark on SR 68 to look for)
• Zip code rural 34945
• St Lucie County Prop appraiser says that there has not vet been an
address assigned to the parcel (parcel ID # is 2108-111-0001-010-
8)
• Existing single phase oh line stops about 400' away from needed
service. Need cost from FPL to (1) extend single phase OH line
and provide OH TX with HH and base of pole, x (2) provide single
phase UG primary to PM TX.
• property owner is Wynne Ranch. Property owner willing to clear
trees, provide easement.
• SCI Towers is developer
• Waypoint Engineering is engineer with the survey and site plan
• Contact person with Waypoint is Laurie Risley 941-928-0791
. (email Laurie.Rislav@w-aypoint-engineering.com)
Page 9 of 9
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ED
J. Crompton Electric Inc. Proposal OCT 0 3 2019
ST. Lucie County, Permitting
West Palm Beach, FI. 33409
Phone (561) 588-6559 Fax (561) 585-9088
Sitd`Name a* W nne Ranch Tower
MET rm.. blWaypoint Engineering
M�� escription
4_ .'
..AMOUNT rz
Provide labor and equipment to clear and grub property
$6,370.00
Provide and install caisson per plan
$75,000.00
Provide labor and equipment to stack new 250' tower and tower fighting system
$31,000.00
Provide and install landscape and gravel per plan
$8,500.00
Provide an install chain -link fence per plan
$11,250.00
Provide and install electrical and grounding. Price excludes any FPL fees.
$20,000.00
Provide management, dum sters, POL and general conditions
$3,500.00
TOTAL
':;T$1
55620.p0,`;�
We appreciate the opportunity to offer you a proposal on this project. Should you have any questions ple
feel free to contact us at (561) 588-6559 or Info@jcromptonelectric.com
RlO I(,) - RECEIVED
��G��00
10�0�% ear' OCT 0 3 2019
)P� eQaol SAINT LUCIE COUNTY PROPERTY APPRAISER
ST
o° REQUEST FOR REAL PROPERTY SPLIT/COMBINATION. were County, Permitting
QetMs� v, .
Notice: While the Saint Lucie County Property Appraisers office stakes every effort to maintain the most current andaccurateinformation
possible, there are no warramics aepressed or implied for our data, its use, or its interpretation. The data maintained by this oflce is
developed and collected for the purpose of producing a property cox roll' and as such should not be relied upon as legal determination of title
and/orboundaries.
BEFORE AN APPLICATION FOR A'PARCEL SPLIT / COMBINATION CAN BE ACCEPTED
ALL PREVIOUS / CURRENT TAXES MUST BE PAID IN FULL 3-1 t)
(Attach a car v of receipt / bill indicating paid in full)
ACTION REQUESTED: COMBINE Xn'SPLI EJ
Special Comments or instructions:
�C ,G
THE FOLLOWING PARCEL(S): cow
Is parcel vacant? or improved? If improved, indicate location of buildings) -
oil -pop_ 1-o io-a a lOg -141 pro f -e)r� -�
(Identify by parcel &address)1.
and-4198--t*t 0001-Ot0-8
Title must be the same for all parcels being combined. (e AC,
12 2S . FCC+ 15a334S
IN MAKING THIS REQUEST, I RECOGNIZE AND AGREE TO THE FOLLOWING:
1. This action does not nullify or alleviate any existing liens or encumbrances on the properties, and the Property
Appraiser is not responsible for any problems or complications resulting from this action Uwe have requested.
2. That this action will be completed by the Property Appraiser's office on a non -priority- basis, "first come -first served'.
3. That Uwc andare the owner(s) of record or the legal agent for the owner(s) of record, and that I/we maybe required to
provide recorded proof of such ownership or agency. If acting as agent written proof of agency is required.
4. That the. Property Appmiscr.is'not responsible for errors arising from errors or omissions in surveys or other
information submitted in connection with this request.
5. That Uwe have verified with the St Lucie County Planning Department or other Jurisdictional Agency as to what
adverse effects, if any, this spliticombination may have on the property.
6. If the property is mortgaged, Iiwe must notify all
es associated vvith the properties listed above.
PRINT; Owner - PRINT, Aa nt
Phone: Home
FOR USE BY PROPE TY tPPRA SER'S OF)iC
Order taken by: I
4cc,:F /2Z93 C6ccc) Wkl^)e CCOAe
Wo:2 976-SS13 Fax
UN§Y
// Date
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