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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-057 Site Lease and Cellular Antenna Installation at the Sports ComplexTemp. Reso. #13774 April 15, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 - OT7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SITE LEASE AGREEMENT WITH DISH WIRELESS, LLC FOR THE INSTALLATION OF CELLULAR ANTENNA AND ASSOCIATED GROUND EQUIPMENT ON THE EXISTING CELLULAR TOWER SITE AT THE CITY'S TAMARAC SPORTS COMPLEX PROPERTY AT A MONTHLY RATE OF $4,000; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ANY PERMIT APPLICATIONS AS MAY BE REQUIRED ON BEHALF OF THE CITY AS OWNER OF THE PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, DISH Wireless. has requested a Site Lease Agreement for the installation of cellular antenna and associated ground equipment on the existing cellular tower site at the City's Tamarac Sports Complex property; and WHEREAS, the proposed Site Lease Agreement is for an initial term of five (5) years, with five (5) additional, automatic five (5) year extensions thereafter; and WHEREAS, rent is set at $4,000 per month with a three percent (3%) increase at the annual anniversary of the Site Lease Agreement effective date; and WHEREAS, the Interim Director of Information Technology recommends approval of the Site Lease Agreement; and Temp. Reso. #13774 April 15, 2022 Page 2 of 4 WHEREAS, it is the City Manager's recommendation to execute the Site Lease Agreement; and WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute a Site Lease Agreement with DISH Wireless, LLC. for the installation of their cellular antenna and ground equipment at the existing cellular tower site at the City's Tamarac Sports Complex property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission approves the Site Lease Agreement with DISH Wireless, LLC. (attached hereto as "Exhibit 1 ") for the installation of cellular antenna and associated ground equipment at the existing cellular tower site at the Tamarac Sports Complex property, and the appropriate City Officials are authorized to execute the associated documents. SECTION 3: The appropriate City Officials are authorized to execute all permit applications as may be required, on behalf of the City as Owner of the property. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #13774 April 15, 2022 Page 3 of 4 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. The remainder of this page intentionally left blank Temp. Reso. #13774 April 15, 2022 Page 4 of 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of 2022. 61 -7-0; U. ICHELLE J. EZ MAYOR ATTEST: KIMBE Y DILLON, CMC ACTIN CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO ' l APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. Cell Site: Tam--- / MIMIA00710B State: Florida County: Broward SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (the "Lease") is dated and entered into on S' , 2022 ("Effective Date") between City of Tamarac, a political subdivision of the Otate of Florida with principal offices located at 7525 NW 88 h Avenue, Tamarac, FL 33321 ("Landlord"), and DISH Wireless L.L.C., a Colorado limited liability company having a place of business at 9601 S. Meridian Blvd., Englewood, Colorado 80112 ("Tenant"). Landlord and Tenant may be referred to within this Lease individually as a "Party" or together as the "Parties." 1. Leased Property and Permitted Uses. Landlord hereby leases to Tenant approximately one hundred (100) square feet (the "Ground Space") of certain real property (the "Property") shown by sketch and legal description on Exhibit "A" attached hereto, having a street address of 9901 NW 77th Street, Tamarac, FL 33321. Landlord also leases to Tenant space on the Landlord's monopole tower located on the Property (the "Tower") at a centerline located at the seventy-six (76') foot level in addition to five (5) vertical feet above and below the centerline (the "Tower Space") for the installation by Tenant of up to 9 antennas and 12 remote radio units. Landlord further grants to Tenant for the term of the Lease, a non-exclusive easement (the "Easement") upon adjoining property owned by Landlord for the purposes of pedestrian and vehicular ingress and egress, as reasonably necessary, to and from an open and improved public road and for the installation and operation of utilities servicing the Property and for the construction, operation, and maintenance of all improvements thereon (the location of the Easement is also shown on Exhibit "B"). The Ground Space, the Tower Space and the Easement are collectively referred to as the "Leased Property." The Leased Property may be used for (i) the transmission and reception of communication signals, (ii) the construction, operation, alteration, maintenance, repair, replacement and relocation of related facilities, towers, antennas, equipment as described in Exhibit "A" related to (i), and (iii) activities necessary to any of the foregoing (collectively, the "Tenant's Permitted Use"). Tenant acknowledges that the Leased Property is on property and in a compound owned by the City of Tamarac and existing leases located on the Property may remain in place. 2. Initial Term. This Lease shall commence on the Effective Date and continue for five (5) years (the "Initial Term"), unless sooner terminated as provided herein. 3. Renewal Terms. Provided Tenant is not then in Default (as defined in Section 10 herein), this Lease shall automatically renew for five (5) additional five-year terms (each being a "Renewal Term"), unless Tenant notifies Landlord in writing of Tenant's intention not to renew 127507082.8 MIMIA00710B AO this Lease at least 60 days prior to the expiration of the Initial Term or any then -current Renewal Term. 4. Due Diligence Period. For up to 90 days from the Effective Date ("Due Diligence Period"), Tenant and its agents, engineers, surveyors and other representatives shall have the right to enter upon the Property to conduct geological or engineering tests, apply for and obtain applicable governmental permits and approvals, and otherwise to do those things on or off the Property that are required by the City of Tamarac, or, in the opinion of Tenant, are necessary to determine the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant shall not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. If Tenant, in its sole discretion, determines the Property is not suitable for the Permitted Use, Tenant may terminate this Lease. Prior to the expiration of the Due Diligence Period, Tenant shall send written notice to Landlord of its intent to terminate this Lease or proceed under its terms (the "Due Diligence Notice"). If Tenant elects to terminate this Lease, neither Landlord nor Tenant shall have any further obligation or liability under this Lease except as otherwise provided herein. 5. Governmental Approvals. During the Due Diligence Period, Tenant shall, at its sole cost and expense, obtain any and all permits, consents and approvals from local, state or federal government authorities as required by Tenant to construct and operate Tenant Antenna Facilities (collectively, the "Governmental Approvals"). Landlord agrees to cooperate with the Tenant at no cost to the Landlord and to execute such documents reasonably required to obtain the Government Approvals, with the exception of the approvals required from the City of Tamarac. The making of this Agreement does not constitute an abrogation of the Landlord's governmental land development regulatory power, and the Tenant's performance is contingent upon all such development approvals being obtained. Should the City of Tamarac or another governmental authority agency with jurisdiction not approve any required application for development approval, prerequisite to the installation or operation of the Tenant Antenna Facilities, this Agreement shall automatically become null and void and there shall be no basis for a damage claim as a result of such denied development order. 6. Rent. Beginning on the Commencement Date (as defined below) Tenant shall pay to Landlord, in advance, monthly base rental payments of Four Thousand and No/100 Dollars ($4,000) ("Rent") on or before the first day of each month. Rent shall be payable to Landlord at City of Tamarac, 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401, Attention: Finance Department. Landlord will provide the requisite information for Tenant to pay Rent by direct deposit to Landlord's bank, but the implementation of the direct deposit system shall be at Tenant's sole expense. On each annual anniversary of the Effective Date, Rent will increase by three percent (3%), exclusive of sales tax. The "Commencement Date" shall be the I' day of the month following the earlier o£ (i) the date that is thirty (30) days after the date that Tenant receives the Government Approvals or (ii) the date Tenant begins operating the Antenna Facilities. Landlord and Tenant shall agree in writing as to the Commencement Date. 127507082.8 MIMIA00710B A O 7. Holdover. Tenant has no right to retain possession of the Leased Property beyond the expiration or termination of this Lease. If Tenant fails to vacate the Leased Property after the expiration or termination of the Lease, Tenant shall be, at Landlord's sole election, a tenant at will or at sufferance, and Tenant shall pay, in addition to any other rent or other sums then due Landlord, base rental equal to 150% of the then -current Rent. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided under the provisions of this Lease, and this section shall not be construed as consent for Tenant to retain possession of the Leased Property. 8. Interference. A. Tenant shall not use the Property in any way that interferes with the use of the Property by Landlord, or by tenants of Landlord holding rights to the Property on the Effective Date of this Lease; provided, however, that Landlord hereby acknowledges that Tenant's use of the Property for Tenant's Permitted Use shall not constitute an impermissible interference by Tenant. Furthermore, Tenant shall operate the Antenna Facilities in a manner that will not cause interference to Landlord and other tenants or licensees of the Property. Landlord shall have the right to terminate this Lease if Tenant's Antenna Facilities interferes with Landlord's equipment or the equipment or use of any other third -party tenant, provided that such third-party's equipment is installed as of the Effective Date, and provided that Tenant has been unable to eliminate such interference (excepting intermittent testing done by Tenant in an effort to remediate such interference) within thirty (30) days after receipt of notice of such interference from Landlord. If Landlord terminates this Lease pursuant to this section, Tenant shall immediately remove all of its equipment and personal property from the Property. All operations by Tenant shall be in compliance with all Federal Communications Commission (the "FCC") requirements. B. Subsequent to the Effective Date, Landlord shall not, and shall not permit its tenants or licensees to, install new equipment on the Property or property contiguous thereto owned or controlled by Landlord, if such equipment is likely to cause interference with Tenant's operations. In the event such interference occurs, Landlord shall, upon being advised of such interference by the Tenant, notify the third party of such interference. In the event Landlord fails to comply with this paragraph within 60 days of receipt of such notice by Tenant, Tenant may terminate this Lease and/or pursue any other remedies available under this Lease, at law, and/or at equity. 9. Improvements; Utilities; Access. A. Tenant shall have the right, at its expense, to install, construct, maintain, modify, supplement, replace and upgrade a communications facility on the Property, which may include radio transmitting and receiving antennas, equipment shelters and other improvements relating thereto (collectively the "Antenna Facilities") provided that the Ground Space and the Tower Space occupied remains the same or less. All work by Tenant shall be performed in compliance with applicable laws and ordinances. Tenant is not authorized to contract for or on behalf of Landlord for work on, or the furnishing of materials to, the Property or any other part of the Property, and Tenant shall discharge of record by payment, bond or otherwise, within 10 127507082.8 MIMIA00710BAO business days subsequent to the date of its receipt of notice thereof from Landlord, any mechanic's or construction liens filed against the Property for work or materials claimed to have been furnished at the instance of Tenant. B. Tenant shall, at Tenant's expense, keep and maintain the Leased Property in commercially reasonable condition and repair during the term of this Lease. The Antenna Facilities shall remain the exclusive property of Tenant, and Tenant shall have the right to remove all or any portion of the Antenna Facilities at any time during the term of this Lease. Within a reasonable period following the expiration of the term of this Lease (as such term may be renewed from time to time in accordance with this Lease), Tenant shall remove the Antenna Facilities and return the Leased Property to Landlord in visibly the condition existing as of the Effective Date, reasonable wear and tear excepted. C. Tenant shall, at Tenant's expense, cause the utilities servicing the Antenna Facilities to be separately metered. Further, Tenant shall have the right, at Tenant's expense, to install or improve utilities serving the Property (including, but not limited to, the installation of emergency power generators). D. Landlord shall provide Tenant with 24 hour, 7-day per week access to the Property for the installation, maintenance and operation of the Antenna Facilities and any utilities serving the Property. E. As between Landlord and Tenant, Tenant shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors. Nothing herein shall create any contractual relationship between any subcontractor and Landlord or any obligation on the part of Landlord to pay or see the payment of any moneys due to any subcontractor. F. All permits and licenses required by federal, state, local or county laws, rules and regulations necessary for the execution of any work undertaken by Tenant pursuant to this Lease shall be secured and paid for by Tenant or Tenant's contractors or subcontractors. Tenant and Landlord agree that the failure of the Lease to address a particular permit, condition, fee, term or restriction shall not relieve Tenant of the necessity of complying with the law governing said permitting requirements, conditions, fees, terms or restrictions. Landlord agrees to cooperate with Tenant to obtain such permits and licenses. 10. Default; Termination and Other Remedies. This Lease may be terminated, without penalty, as follows: A. by Landlord if Tenant fails to pay any rental, fees, or other charges due under this Lease and such failure is not cured within ten (10) days after Tenant's receipt of written notice of default from Landlord (a "Monetary Default"); B. by either Party if the other Party defaults (other than a default described in Section 10.A above) by failing to keep, perform, or observe any non -monetary term, covenant, or 4 127507082.8 MIMIA00710BA O condition of this Lease that is to be kept, performed, or observed by such Party, and such Party fails to cure such default within thirty (30) days after written notice of such default is received by the defaulting Party from the non -defaulting Party (a "Non -monetary Default," and together with a Monetary Default, collectively, a "Default"); provided, however, that if such default is capable of being cured, but not within such 30-day period, this Lease may not be terminated so long as the defaulting Party commences appropriate curative action within such 30-day period and thereafter diligently prosecutes such cure to completion as promptly as possible; C. by Tenant on thirty (30) days prior written notice if it is unable to obtain, maintain or otherwise forfeits or cancels any license, permit or governmental approval necessary for the construction or operation of the Antenna Facilities or Tenant's actual or intended use of the Property; and D. by Tenant on thirty (30) days prior written notice if Tenant determines, in its reasonable discretion exercised in good faith, that based on (i) technology, (ii) interference with use of the Property resulting from the acts of any third party, an act of God or from other natural forces or (iii) changes in system design or system usage patterns, Tenant's use of the Antenna Facilities (as the same may have been modified from time to time) is no longer consistent with the optimal operation of Tenant's communication system or such continued use would be commercially unreasonable. E. It is the intent of the Parties that Tenant's Antenna Facilities shall not constitute a fixture. Upon termination of this Lease, this Lease shall become null and void, and neither Party shall have any further rights or duties hereunder, except as expressly provided in this Lease, and (i) any monies owed by either Party to the other up to the date of termination shall be paid within 30 days of the termination date, (ii) Tenant may remove all of its Antenna Facilities, and (iii) those terms of this Lease that should survive its expiration or termination shall survive, including, without limitation, any indemnification obligations. F. Notwithstanding the foregoing, upon a Default, the non -defaulting Party may, at its option, perform the defaulting Party's duty or obligation and the costs and expenses of any such performance by the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. Further, the non -defaulting Party may pursue any remedy now or hereafter available to it under the laws of the State of Florida. 11. Casualty and Condemnation. A. If any part of the Antenna Facilities is damaged by fire or other casualty so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable manner, then Tenant may terminate this Lease by providing written notice to Landlord, which termination shall be effective as of the date of such damage and/or destruction. Upon such termination, Tenant shall be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent. 127507082.8 MIMIA00710B A O B. If any part of the Property or the Antenna Facilities is taken by eminent domain, or by a deed in lieu of condemnation, so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable manner, then Tenant may terminate this Lease by providing written notice to Landlord, which termination shall be effective as of the date of the vesting of title in such taking. Upon such termination, Tenant shall be entitled to be reimbursed for any prepaid rent. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to any taking by eminent domain. C. Landlord shall not be liable to Tenant for damage to Tenant's property or improvements from any cause whatsoever unless caused by the negligence or intentional acts or omissions of Landlord, its agents or employees. Tenant shall have the right, however, to claim and recover its damages from any third party other than Landlord who may be liable for such damages. 12. Taxes. Tenant shall pay to Landlord any applicable sales tax on the Rent, and Landlord shall be responsible for remitting such tax to the appropriate government entities. Tenant shall pay any personal and real property taxes assessed on, special assessments or any portion of such taxes attributable to, the Antenna Facilities. Landlord's Federal Tax ID # is 59-1039552. 13. Insurance and Subrogation. A. Tenant will provide Commercial General Liability Insurance with a per occurrence limit of $1,000,000 and name Landlord as an additional insured. Neither Party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither Party's insurance company shall have a subrogated claim against the other. Each Party shall obtain from its insurers under all policies of fire, theft and other casualty insurance covering the Property or any portion thereof, improvements thereon or operations therein, a waiver of all rights of subrogation which the insurer might have against the other Party. B. Tenant shall procure and maintain Workers' Compensation Insurance, if required, for the duration of the Lease, in full compliance with the State of Florida's Workers' Compensation Law. C. Tenant shall not commence work under this Lease until it has obtained all insurance required under this Section 13 and such insurance has been submitted to Landlord, naming Landlord as additional insured if required by Landlord. Certificate of such insurance shall be filed with Landlord prior to commencement of any work hereunder. 14. Hold Harmless. Tenant shall indemnify and hold Landlord harmless from and defend against any and all action, injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from or relating to Tenant's, or any of Tenant's employees, agents, contractors or other persons acting on behalf of Tenant: (i) use of the Leased Property, including but not limited to its inspections during the Due Diligence Period, the installation, use, maintenance, repair or removal of the Antenna Facilities; or (ii) any breach or non -fulfillment of any covenant, agreement or obligation to be 127507082.8 MIMIA00710BA O performed by Tenant pursuant to this Agreement and the transactions contemplated hereby; provided however, that Tenant's obligations under this Section 14, shall be reduced to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. The provisions and obligations of this Section 14 shall survive the expiration or earlier termination of this Lease. Nothing in this Section 14 is intended to nor shall be construed to waive Landlord's rights and immunities under applicable law or §768.28, Florida Statutes, as may be amended from time to time. 15. Notices. All notices, requests, demands and other communications hereunder writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: To Landlord: City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 ATTN: City Manager With a copy to: City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 ATTN: City Attorney To Tenant: DISH Wireless L.L.C. ATTN: Lease Administration 5701 South Santa Fe Blvd. Littleton, CO 80120 16. Limitation of Liability. Except for indemnification pursuant to Section 14, neither Party shall be liable to the other, or any of their respective agents, representatives, employees or contractors, for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service arising from or relating to this Lease, or the use of the Leased Property. 17. Quiet Enioyment. Title and Authority. Landlord represents and warrants that (i) it has full right, power and authority to execute this Lease and has the power to grant all rights hereunder; (ii) it has good, marketable and unencumbered title to the Property free and clear of any liens, mortgages, restrictions or other encumbrances that will interfere with Tenant's Permitted Use; (iii) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, Lease or other agreement binding on Landlord; (iv) Tenant shall have the quiet enjoyment of the Property, subject to any other existing leases on the Property, and Tenant shall not be disturbed as long as Tenant is not in Default beyond any applicable grace or cure period; and (v) if the Property is encumbered by a deed to secure debt, mortgage or other security interest, Landlord will use its best efforts to provide promptly to Tenant a fully signed Subordination, Non -Disturbance and Attornment Agreement in a form acceptable to Tenant. 127507082.8 MIMIA00710B A O 18. Environmental Laws. As used herein, the term "Environmental Laws" shall mean any and all local, state or federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used herein, the term "Hazardous Substance" shall mean any toxic or hazardous waste or substance (including, without limitation, asbestos and petroleum products) that is regulated by Environmental Laws. Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws. Landlord represents, warrants and agrees that it has in the past and will in the future conduct its activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of any Hazardous Substance as of the date of this Lease. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law of, all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Property or surrounding property owned by Landlord. Tenant agrees that it will not use, generate, store, or dispose of any Hazardous Material on, under, about, or within the Land in violation of any law or regulation. Landlord represents, warrants, and agrees (1) that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about, or within the Land in violation of any violation of any law or regulation, and (2) that Landlord will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. This paragraph shall survive the termination of this agreement. 19. Assignment and Subleasing. Tenant may assign this Lease and its rights hereunder to any person or business entity which is a parent, subsidiary or affiliate of Tenant; controls or is controlled by or under common control with Tenant; is merged or consolidated with Tenant; or purchases a majority or controlling interest in the ownership or assets of Tenant. Tenant may not otherwise assign this Lease without Landlord's written consent, which consent shall not be unreasonably withheld or delayed. Tenant may not sublease the Leased Property. Any purported assignment or sublease in violation of this section is void. 20. Successors and Assigns. This Lease shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 21. Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof. The Antenna Facilities shall be deemed personal property for purposes of this Lease, regardless of whether any portion thereof is deemed real or personal property under applicable law. 22. Miscellaneous: A. Each Party agrees to furnish to the other, within 45 days after request (subject to City Commission scheduling), such truthful estoppel information as the other may reasonably request. Furthermore, each Party shall cooperate in executing any other documents (including a Memorandum of Lease, easement agreement, or both) necessary to protect a Party's 127507082.8 MIMIA00710B A O rights hereunder. Neither Party shall record this Lease, but may record the aforementioned Memorandum of Lease. B. Each Party represented in this transaction by a broker, agent or commission salesperson shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such person. Each Party shall indemnify, defend and hold harmless the other Party and its affiliates, officers, directors, agents and representatives from and against all liabilities, damages, claims, costs, fees and expenses whatsoever (including reasonable attorney's fees and court costs at trial and all appellate levels) arising in connection with any claim by any broker, salesman or finder claiming by or under such Party. This provision shall survive the termination or expiration of this Lease. C. The Parties acknowledge that a substantial portion of negotiations and anticipated performance and execution of this Lease occurred or shall occur in the State of Florida. Any civil action or legal proceeding arising out of or relating to this Lease shall be brought in the Circuit Court of the State of Florida in Broward County. Each Party consents to the jurisdiction of such court in any civil action or legal proceeding, and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be effected on such Party by mail, as provided in this Lease, or in such other manner as may be provided under applicable laws, rules of procedure or local rules. The Parties agree that this Lease shall be governed by the laws of the State of Florida as now and hereafter in force, without giving effect to any choice of law provisions. E. This Lease constitutes the entire agreement and understanding of the Parties with respect to the Property and subject matter hereof, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Lease must be in writing and executed by both Parties. In the event any provision of this Lease is determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or reconstrued as such authority determines, and the remainder of this Lease shall be construed to be in full force and effect. F. Landlord acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit `B" will be recorded by Tenant in the official records of the County where the property is located. In the event the Property is encumbered by mortgage or deed of trust, Landlord agrees to obtain and furnish to Tenant a non -disturbance and attornment instrument for each such mortgage or deed of trust. G. Tenant may obtain title insurance on its interest in the Premises. Landlord shall cooperate by executing documentation required by the title insurance company. H. In accordance with Florida law, the following notice is hereby given to Tenant: "RADON GAS; RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITY, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES 127507082.8 MIMIA00710BA O HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT." Tenant acknowledges having read the foregoing notification, and has executed this Lease fully aware of the aforementioned conditions. I. Failure by a party to enforce strict performance of any of the terms or conditions of this Lease, or to exercise any rights under this Lease, shall not waive those rights, and that Party shall have the right to enforce its rights at any time, and take such action as may be lawful and authorized under this Lease, in law or in equity. Except as may be expressly set forth in this Lease, the exercise by either Party of any of its remedies under this Lease will be without prejudice to its other remedies under this Lease or otherwise. J. TENANT AND LANDLORD WAIVE ANY RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, BETWEEN LANDLORD AND TENANT ARISING OUT OF THIS LEASE OR ANY OTHER INSTRUMENT, DOCUMENT, OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO. K. Time is of the essence as to each provision of this Lease. 23. Tower Marking and Lighting Requirements. Landlord acknowledges that it, and not Tenant, shall be responsible for compliance with all Tower marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited by either the FCC or FAA because the Tower is not in compliance absent the negligence or intentional acts or omissions of Tenant or its agents, employees or contractors, and should Landlord fail to cure the conditions of noncompliance within the time frame allowed by the citing agency, Tenant may terminate this Agreement immediately on notice to Landlord or proceed to cure the conditions of noncompliance at Landlord's expense, which amounts may be deducted from the Rent. 24. Compliance with Laws. Landlord represents that the Property and all improvements located thereon, are in compliance with building, life/safety, disability, and other laws, codes and regulations of applicable government authorities. Tenant will comply with all applicable laws relating to its possession and use of the Property. 25. Public Records Landlord is a public agency subject to Chapter 119, Florida Statutes. The Tenant shall comply with Florida's Public Records Law. Specifically, to the extent applicable under the law, Tenant shall: A. Keep and maintain public records required by Landlord in order to perform the service. B. Upon request from Landlord, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at no cost to the Landlord. 10 127507082.8 MIMIA00710B A Q C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement and any renewals thereof if Tenant does not transfer the records to the Landlord. D. Upon termination of the Lease, for any reason hereunder, transfer, at no cost to the Landlord, all public records in possession of Tenant, or keep and maintain public records required by the Landlord to perform the service. If Tenant transfers all public records to the Landlord upon termination of the Lease, Tenant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Tenant keeps and maintains public records upon termination of the Lease, Tenant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Landlord, upon request from Landlord's custodian of public records in a format that is compatible with the information technology systems of the Landlord. E. During the Initial Term of this Lease and any Renewal Term, Tenant shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. 26. Public Records Custodian. IF TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TENANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS LEASE, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERKATAMARAC.ORG 27. Scrutinized Companies. By execution of this Lease, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Tenant certifies that Tenant is not participating in a boycott of Israel. Tenant further certifies that Tenant is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has Tenant been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the Landlord will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The Landlord shall provide notice, in writing, to Tenant of the Landlord's determination concerning the false certification. Tenant shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Tenant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Tenant does not 11 127507082.8 MIMIA00710BA O demonstrate that Landlord's determination of false certification was made in error then the Landlord shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 28. Counterparts. This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signature Page Follows] 12 127507082.8 MIMIA00710BA O IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement as of the Effective Date. LANDLORD: City of Tamarac, a political subdivision of the State of Florida By: Name: Its: Date: 0S1 Zd 7'0 n- 13 TENANT: DISH WIRELESS L.L.C. Nar Its: Date: 22 127507082.8 MIMIA0071013A 0 Exhibit "A" Legal Description: All that certain lot, piece, or parcel of land, situate in the City of Tamarac, County of Broward, State of Florida, more particularly described on the attached Legal Description document: Parcel R of KINGS PO1NT REPLAT, as recorded in Plat Book 156, Page 3 of the Public Records of Broward County, Florida, a/k/a Kings Point Rockford Parcel ("Property"). And A PORTION OF SECTION 6. TOWNSHIP 49 SOUTH, RAN4E,41 EAST. BROWARD COUNTY, FLORIDA AND TOGETHER WITH A PORTION OF FLORIDA FRUIT LANDS COMPANY S08— DIVISION NO. 2 OF SECTIO14 S. TOWNSHIP 40 SOUTH. RANGE 41 EAST ACCORDING TO Ti+E PLAT THEREOF. AS RECORDED IN PLAT BOOK 1. PAGE 102 OF THC PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. BEING MORE FULLY DESCRIBED AS FOLLOWSS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6i'THENCE S 00'06444 " E. ALONG THE EAST LINE OF SAID SECTION 6. A DISTANCE OF 3274.80 FEET TO THE POINTI OF BEGINNINGS YH2NCE S 6002909319 Ee A DISTANCEOF S4-S3 FEETS THENCE S 40-127' 22 " W. A DISTANCE OF 57S.10 FEET4 THENCE S 06_ 32'!Z " W. A VjITANLE OF 33.00 FEET TO AN INTERSECTION WITH THE AMC OF A CIRCULAR CURVE TO THE RIGHT. WHOSE RADIUS POINT SEARS, N 08'32'22 " E. FROM THE LAST DESCRIBED POINTS THENCE i WESTERLY AND NORTHERLY. ALONG THE ARC.OF SAID CURVE HAVING A RADIUS OF 1600.00:. FEET. AN ARC DISTANCE OF 45-I6 FEET TO THE P0114T OF TANGENCYS THENCE N 79'50' 44 " W. A DISTANCE OF $71.66 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCU LAM CURVE TO THE R16HT. WHOSE RADIUS POINT $CARS S 78'S2'00 " E. FROM THE LAST OESCRISiEO POINTS THENCE NDRTHERLY AND EASTERLY. ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2367.00 FEET,- AN. ARC DISTANCE OF 762.53 FEET TO THE POINT of TAa6ENCV4 THENCE N l9•30'07•• E. A DISTANCE OF 342.76 FEETS THENCE S 000 2915311 C. A DISTANCE OF 636.24 FEET TO THE POINT OF BEGINNING. CONTAINING 14.118 ACRES, MORE OR LESS. SAID LAND SITUATE. LYING AND BEING INrBROMARO COUNTY. FLORIDA. _ _ ...�... ......�_ -_...ram... _ _ �... And A PORTION OF SECTION 6. TOWNSHIP 49 SOUTH..RANGE 41 EAST. BROWARO COUNTY. FLORID• AND TOGETHER WITH A PORTION OF FLORIDA FRUIT LANDS COMPANY SUB— DIVISION NO. 2 OF SECTION S. TOWNSHIP 49 SOUTH. RANGE 41 EAST ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK I. PAGE 102 OF THE PU00 C RECORDS .OF PALM 88ACH.COUNTY, FLORIDA# BEING MORE FULLY DESCRIBED AS FOLLOWS 1 CDMMCNCING AT THE NORTHEAST.CORNER OF SAID SECTION 6/ THENCE S 00006,641, Ea ALONG THE EAST LINE OR SAID SgCTI04 6, A DISTANCE OF 33S7.12 FEET TO THE POINT OF BEGINNINGi THENCE N ♦0'27'22 " E. A DISTANCE OF 72.90 FEETi THENCE S 12'50250.' E. A DISTANCE OF 76S.62 FEET TO AN INTERSECTION WITH T"C ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS N 12050'25.. W. FROM THE LAST DESCRIBED POINTS THENCE, SOUTHERLY AND WESTERLY. ALONG THE. ARC OF SAID CURVE, HAVING A RADIUS OF 1600.00 FEET, AN ARC DISTANCE OF 897.03 FEET THENCE N 40627'22 " E. A THENCE N 04*3242209 E. A DISTANCE OF 335.00 FEETS a DISTANCE OF 502-20 FEET TO THE POINT OF BEGINNING, CONTAINING 6-549 ACRES. MORE OR LESS. SAID LAND SITUATE. LYING AND BEING IN BROVARD COUNTY. FLORIDA. 14 127507082.8 MIMIA00710B Exhibit "A", continued � Qr,PWrt 1 eF( u� � wx•Yr�1c \ EOUrVENT PLAN it - T,. RIH W 4A — 127507082.8 15 �= dish IREV im— Mei.�ewwr�tan MIMIA00710B LEASE EXHIBIT 2101341 o0 :cn Mo'n.' icv MIWAOD710B BB01 Nw 7m STREET 74 NARAL, EL 33371 OVERALL MD EN4ROED SIR PLAN A-1 Exhibit "A", continued 'ILiJLNI ©oCEC:==m 0E3s:3c=© ��inw« cwc awuspan -.wan nr. sr �r 16 127507082.8 MIMIA00710B Exhibit "B" MEMORANDUM OF SITE LEASE AGREEMENT Attached hereto. 17 127507082.8 MIMIA00710B Upon Recording, Return to: DISH Wireless L.L.C. Attention: Lease Administration 5701 S. Santa Fe Dr. Littleton, CO 80120 Re: MIMIA00710B (Space above for Recorder's Office) MEMORANDUM OF SITE LEASE AGREEMENT This Memorandum of Site Lease Agreement ("Memorandum") is made thiscVtD day of 4, 2022, by and between City of Tamarac, a political subdivision of the State of Flori ("Landlord"), having a place of business at 7525 NW 88th Avenue, Tamarac, Florida 33321, and DISH Wireless L.L.C., a Colorado limited liability company ("Tenant"), having a place of business at 9601 South Meridian Boulevard, Englewood, Colorado 80112. Tenant and Landlord are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". This Memorandum is summarized as follows: 1. Tenant and Landlord_ entered 'nto a Site Lease Agreement ("Agreement") with an effective date of Q c,)-2J 2022, for the purpose of installation, operation, maintenance, and r6nagement of a wireless communications facility. All of the foregoing, in addition to the provisions set forth in the Agreement between the Parties, are incorporated by reference and made a part herein. 2. Landlord, or one of its affiliates, is the owner of a certain portion of real property located at 9901 NW 77th Street, Tamarac, Florida 33321 being more particularly described in Exhibit A, attached hereto and made a part herein (the "Property"). 3. Landlord has leased to Tenant and Tenant has leased from Landlord, space for Tenant's equipment installation on the Property in the locations as described or depicted in Exhibit B, attached hereto and made a part hereof (the "Premises"), that includes certain right of ways or grants of easements for access and utilities as provided in the Agreement (which may or may not be described or depicted in Exhibit B) which easements are in effect, or may be acquired, or granted, throughout the term of the Agreement as renewed or extended subject to the terms and conditions as set forth in the Agreement. 1 TENANT SITE NUMBER: MIMIA00710B 4. The Agreement has an Initial Term of five (5) years commencing on the Commencement Date, as set forth in the Agreement. The Initial Term shall automatically be extended for up to five (5) additional five-year terms unless Tenant elects not to extend the Agreement in the manner as prescribed in the Agreement. 5. Duplicate copies of the originals of the Agreement are in the possession of the Landlord and Tenant at the addresses set forth above and reference should be made thereto for a more detailed description thereof and for resolution of any questions pertaining thereto. 6. It is expressly understood and agreed by all Parties that the sole purpose of this Memorandum is to give record notice of the Agreement; it being distinctly understood and agreed that said Agreement constitutes the entire agreement between Landlord and Tenant with respect to the Premises and is hereby incorporated by reference. The Agreement contains and sets forth additional rights, terms, conditions, and obligations not enumerated within this Memorandum which govern the Agreement. This Memorandum is for information purposes only and nothing contained herein may be deemed in any way to modify or vary any of the terms or conditions of the Agreement. In the event of any inconsistency between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. The rights and obligations set forth in the Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. [Reminder of page intentionally left blank. Signature page follows.] z TENANT SITE NUMBER: MIMIA00710B IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the day and year last written below. LANDLORD: City of Tamarac a Political subdivision of the S f Florida Y, By: Name4aA61) (BLn n Title: f Date: L TENANT: DISH Wireless L.L.C. By: Nar Title [Reminder of page intentionally left blank. Acknowledgement page follows.] TENANT SITE NUMBER: MIMIA00710B STATE OF COUNTY OF E&UWV,6 LANDLORD'S ACKNOWLEDGMENT SS: On this day of / `�' , 2022, before me, the undersigned a Notary Public in and for the county and state aforesaid, personally appeared erson ompany) to ,Me known to be the identical person who executed the within and foreg'in instrument as its ; J�g� !2(title), and acknowledged to me tha fhe executed thef�ame a . free and voluntary aA and deed, and as the free and voluntary act and deed of saidOf /AA.PAKAr,_ (company), for the uses and purposes therein set forth. Given under my hand and seal the day and year last above Notary Public My Commission Expires: j�" �` o� Commission No: Ad 1 66%,507-- MONICA BARROS * # Commission # HH 166752 a� PExpkes October 5, 2026 �`'of r+.�r Bonled ilw BudpM NoYg SNMoN TENANT'S ACKNOWLEDGMENT STATE OF �nn.�'^•y'1^ ) SS: COUNTY OF J \IT Oe ) 1 �� On this 1day of.NA 2022, before me, the undersigned a Notary Public in and for the county dind state aforesaid, personally appeared � of DISH Wireless L.L.C. to me known to be the identical person who execute the within and foregoing instrument as its i V i " (title), and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of said DISH Wireless L.L.C., for the uses and purposes therein set forth. Given under my hand and seal the day and year last above wrtt a. Notary Public My Commission Expires:02-OL- 2b& Commission No: 201-140333100 4 TENANT SITE NUMBER: MIMIA00710B CHRISTIAN COLEMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174033360 MY COMMISSION EXPIRES FEBRUARY 2, 2026 EXHIBIT A Legal Description of the Property Property Address: 9901 NW 77th Street, City of Tamarac, County of Broward, State of Florida, 33321 Parcel Identification Number: 494105350030 Legal Description of the Property: All that certain lot, piece, or parcel of land, situate in the City of Tamarac, County of Broward, State of Florida, more particularly described on the attached Legal Description document. TENANT SITE NUMBER: MIMIA00710B EXHIBIT A Legal Description of the Property, continued Parcel R of KINGS POINT REPI.AT, as recorded in Plat Book 156, Page 3 of the Puhlic Records of Broward County, Florida, a/k/a Kings Point Rockford Parcel ("Property"). And A PORTION OF SECTION 6. TOWNSHIP 49 SOUTH. RANGE.41 EAST. BROWARD COUNTY. 1 FLORIDA AND TOGETHER WITH A PORTION OF FLORIDA FRUIT LANDS COMPANY SUB- DIVISION NO. 2 OF SECTION S. TOWNSHIP 49 SOUTH. RANGE 41 EAST ACCORDING TO Tf1E PLAT THEREOF. AS RECORDED IN PLAT BOOK I. PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. BEING MORE FULLY DESCRIBED AS FOLLOWS$ COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 61*THENCE S 00'0044 " E. ALONG THE EAST LINE OF SAID SECTION S. A DISTANCE OF 3274.E0 FEET TO THE POINT) OF BEGINNINGS THENCE S 60'29'S3" E, A DISTANCE OF 54.S3 FEET$ THENCE S 40'27' 22 " W. A DISTANCE OF 575.19 FEET& THENCE S 06'32'!i " W. A DISTANCE OF 33S.00 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT. WHOSE RADIUS POINT BEARS. N 00'32'22 " E. FROM THE LAST DESCRIBED POINTS THENCE WESTERLY AND NORTHERLY. ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1600.00 FEET. AN ARC DISTANCE OF 45.10 FEET TO THE POINT OF TANGENCY$ THENCE N 79'50' 4400 W. A DISTANCE OF 571.66 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCU- LAR CURVE TO THE RIGHT. WHOSE RADIUS POINT BEARS S 78'52'09 " E. FROM THE LAST DESCRIBED POINTS THENCE NORTHERLY AAD EASTERLY. ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 2347.00 FEET, AN ARC DISTANCE OF 752.53 FEET TO THE POINT of TANGENCY& THENCE N 29'3007 " E. A DISTANCE OF 342.76 FEET$ THENCE S 60* 29'53" E. A DISTANCE OF 636.24 FEET TO THE POINT OF BEGINNING. CONTAINING 14.116 ACRES. MORE OR LESS. SAID LAND SITUATE, LYING ANO BEING IN BRDWARO COUNTY. FLORIDA. t _ And A PORTION OF SECTION 6. TOWNSHIP 49 SOUTH. RANGE 41 EAST. BROWARO COUNTY. FLORIDA AND TOGETHER WITH A PORTION OF FLORIDA FRUIT LANDS COMPANY SUB- DIVISION N0. 2 OF SECTION S. TOWNSHIP 49 SOUTH. RANGE 41 EAST ACCORDING TO Tt+E PLAT THEREOF. AS RECOROEO IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. BEING MORE FULLY DESCRIBED AS FOLLOWS$ COMMENCING AT THE NORTHEAST CORNER OF SAIO SECTION 69 THENCE S 00@06044 " E. ALONG THE EAST LINE OF SAID SECTION 6. A DISTANCE OF 3357.12 FEET TO THE POINT OF BEGINNINGS THENCE N 40'27'22 " E. A DISTANCE OF 72.90 FEETt THENCE S 12*50025 " E. A DISTANCE OF 765-BZ FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT. WHOSE RADIUS POINT BEARS N 12*50*25 " W THE LAST DESCRIBED POINTS THENCE SOUTHERLY AND WESTERLY. ALONG THE AkC OF SAID CURVE, HAVING A RADIUS OF 1600.00 FEET. AN ARC DISTANCE OF 597-03 FEET,& THENCE N 06032'22 " E. A DISTANCE OF 335.00 FEET& THENCE N 40027022" E. A DISTANCE OF 502.20 FEET TO THE POINT OF BEGINNING. CONTAINING 6-S49 ACRES, MORE OR LESS. SAID LAND SITUATE. LYING AND BEING IN BRDWARD COUNTY, FLORIDA. TENANT SITE NUMBER: MIMIA00710B EXHIBIT B The Premises ss e.� ns sr 1 f — Ieafe� �YHI mm ■( I IU s � III i'rrras�a III' f9UIP1E12LAti 2 r.. III .'.:. ItEt I g S,�R -------------- & m�..> ) o °�,"I""A"` \ ,O � :ar iii • ___ rY��- LEASE EXHIBIT Nr rR fl: Tn lSTREET TA TAYAUFI:C. FL iL 31171 OVEPALL�AM NE�YlY10EY SITE PLAN �rauF A-1 ENLARGED SITE PLAN ® 1 Vnti�-o XEY !YN j TENANT SITE NUMBER: MIMIA00710B EXHIBIT B The Premises, continued MIA,- ------ - ---- V Y f - /41 mo t^ 1 Ili werao - RI. is xs pre ,a.q w.xna n oa x r.a ms�ns w ra •. r _ _. _ _ .nM MIA1yF_ •T/n1 TENANT SITE NUMBER: MIMIA007106