HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-113Temp. Reso # 12989
September 27, 2017
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- 113
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE OPTION & LAND
LEASE AGREEMENT, MEMORANDUM OF LAND LEASE AND
THE MEMORANDUM OF OPTION AND LAND LEASE WITH SBA
TOWERS IX, LLC AND AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE THE SAID DOCUMENTS FOR
THE CONSTRUCTION OF A STEALTH CELLULAR FACILITY IN
THE CITY'S AQUATIC CENTER PROPERTY LOCATED AT 9300
NW 58TH STREET, TAMARAC, FLORIDA 33321 AT A MONTHLY
RENT OF $2,200 PER MONTH FOR A MAXIMUM TERM OF
FIFTYFIVE (55) YEARS, PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 19, 2006 the City of Tamarac closed on the purchase of the
property located at 9101 NW 5711 Street, Tamarac, Florida 33351 from Tamarac Jewish
Center, and
WHEREAS, the property contained a cell site with a stealth tower (flagpole) and
ground facilities; and
WHEREAS, the cell site is currently leased and operated by SBA Towers IX, LLC
(SBA) and until recently housed four separate cellular carriers' antennas, generating a
monthly rent of $4,544.97 to the City; and
WHEREAS, three (3) out of the four (4) carriers have left the site in the last few years,
leaving a single carrier in place; and
Temp. Reso # 12989
September 27, 2017
Page 2
WHEREAS, the property where the cell site is currently located is now part of the
proposed Tamarac Village Development and must be removed; and
WHEREAS, SBA wishes to continue its presence in the immediate area and proposes
to develop a new stealth cellular facility in the Aquatic Center property as shown in the Exhibit
A of the Option and Land Lease Agreement (Lease Agreement) attached hereto as Exhibit 1;
and
WHEREAS, the initial monthly rent will be $2,200 for the first five (5) years and
increase fifteen (15%) percent beginning with the sixth (6th) year of this Lease Agreement and
every fifth (5th) year after that; and
WHEREAS, the City will receive a onetime Option fee of $2,500 at the execution of the
Lease Agreement, and
WHEREAS, the City will also receive a thirty (30%) percent revenue sharing from the
rental revenues generated from each additional carrier located to this site; and
WHEREAS, initial term of the proposed Lease Agreement is for five (5) years with ten
(10) automatic additional terms of five (5) years each; and
WHEREAS, the Director of IT recommends approval of the Lease Agreement; and
Temp. Reso # 12989
September 27, 2017
Page 3
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the
best interests of the citizens and residents of the City of Tamarac to approve the Lease
Agreement, Memorandum of Option and Land Lease (attached hereto as Exhibit 2) and
Memorandum of Land Lease (attached hereto as Exhibit 3) with SBA and authorize the
appropriate City Officials to execute such documents to construct a stealth cellular tower and
ground facilities in the City's Aquatic Center Property at a monthly rent of $2,200 for an initial
term of five (5) years with ten (10) automatic five (5) year extensions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA-
SECTION 1: That 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 referenced herein are incorporated and made a specific part of this resolution.
SECTION 2.- The City Commission approves the Lease Agreement, Memorandum of
Option and Land Lease and Memorandum of Land Lease with SBA and authorize the
appropriate City Officials to execute such documents to construct a stealth cellular tower and
ground facilities in the City's Aquatic Center Property at a monthly rent of $2,200 for an initial
term of five (5) years with ten (10) automatic five (5) year extensions.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: 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.
Temp. Reso # 12989
September 27, 2017
Page 4
SECTION 5: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
PATRICIA TEUrELf MC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA UEL S. GOR111141
CITY ATTORNE
A day of fi4le,2., , 2017.
IL' 1164�_
R Y DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ f"
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO
OPTION &
is Option and Land Lease, hereinafter referred to as
"Lease", is made the last day executed below by and between CITY
OF TAMARAC , a Florida municipal corporation, having an address
of 7525 NW 88Th Avenue, Tamarac, Florida 33321, hereinafter referred
to as "Lessor", and SBA TOWERS IX, LLC, a Delaware limited
liability company, having an office at 8051 Congress Avenue, Boca
Raton, Florida 33487-1307, hereinafter referred to as "Lessee."
1. The Option.
(a) For the sum of Two Thousand Five Hundred and
No/100 Dollars ($2,500.00) (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 two (2) years 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 two (2) year period upon written
notification to Lessor by Lessee accompanied by the payment of an
additional Two Thousand Five Hundred and No/100 Dollars
($2,500.00) (the "Additional Option Fee"), delivered to Lessor prior to
the end of the Initial Option Period. The Initial Option Period, as it
may be extended, is collectively 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 Lessee's failure to make timely payment of
the additional fee will be deemed waived and this Lease will be
reinstated. Upon Lessee's exercise of the Option, 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 the Premises (as defined below) to conduct tests and
studies, at Lessee's expense, to determine the suitability of the Leased
Space for Lessee's 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 Initial
Term (as defined below) shall commence.
(e) Simultaneously with the execution of this Lease
on the Effective Date, Lessee shall initially deposit with the Lessor, an
amount equal to one (1) month's Rent in certified funds (the "Security
Deposit"). No interest shall be paid on the Security Deposit. The
Security Deposit shall constitute an account payable by Lessor to
Lessee within thirty (30) days following termination of this Lease to
the extent, if any, that the Security Deposit has not been applied by
Lessor as hereunder provided.
If Lessee shall default with respect to any covenant, duty, or
obligation of Lessee under this Lease and such default is not cured as
permitted by Paragraph 17, then the Security Deposit or any part
thereof may be applied by Lessor (but Lessor shall not be obligated to
do so) to the damages sustained by Lessor by reason of any such
default or to indebtedness owing by reason of any failure of Lessee to
make any required monetary payment under this Lease. No such
application shall be construed as an agreement to limit the amount of
Lessor's claim or as a waiver of any damage or release of any
0021 1122 - v]
Site Name: Tamarac 4, FL
Site No.: FL16942-S
2/7/2017
LAND LEASE
indebtedness, and any claims of Lessor under this Lease not recovered
in full from the Security Deposit shall remain in full force and effect.
In the event of any conveyance or other transfer of the Premises (as
defined below) by the Lessor, Lessor's remittance of the Security
Deposit or any remaining portion thereof to the purchaser of the
Premises (as defined below) shall release and relieve Lessor of any
further obligation or liability to Lessee with respect to the Security
Deposit.
2. Leased Space and Premises. Upon Lessee's exercise
of the Option, Lessor shall lease, and hereby leases, to Lessee
approximately 1,380 (23' x 60') square feet of space as depicted in
Exhibit A attached hereto (the "Leased Space") within the property
commonly known as 9300 NW 581h Street, City of Tamarac, County
of Broward, State of Florida 33321, Property Parcel ID: 4941-08-03-
0291 with the legal description set forth in Exhibit B attached hereto
(`Premises"). Lessor also hereby grants to Lessee the right to survey
the Leased Space at Lessee's cost. The Leased Space legal and access
and utility easement set forth in the survey will replace any description
of the Premises 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"), including the uses as permitted and
described in Section 11 of this Lease and for any other purpose with
the Lessor's prior written consent which shall not be unreasonably
withheld, conditioned or delayed.
3. Term. The initial term of this Lease will be five (5) years
(the "Initial Term") from the "Commencement Date" specified below
(in no event shall this date be earlier than the date on which Lessee
exercises the Option) and shall automatically renew for up to ten (10)
additional terms of five (5) years each (each a "Renewal Term",
collectively with the Initial Term referred to hereinafter as the "Term")
unless Lessee notifies Lessor of its intention not to renew prior to
commencement of the succeeding Renewal Term.
4. Rent. The rent for the Initial Term of this Lease will be
Two Thousand Two Hundred and No/100 Dollars ($2,200.00) per
month (the "Rent"), paid monthly in advance, which Lessee will pay
to Lessor at the place, and in the manner, 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 (61h) year of this Lease and every fifth
(5'h) year thereafter, the then current monthly rental fee will be
increased fifteen (15%) percent. Each such year shall commence on
the corresponding anniversary of the Commencement Date (as defined
below). 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
applicable legal requirements.
In addition to the Rent, Lessor shall receive an additional
thirty (30%) percent revenue sharing beginning with the second (2°a)
carrier for each broadband telephony sublessee, including but not
limited to, PCS providers such as AT&T, Verizon, T-Mobile and
Sprint-Nextel, using the Structures or the Leased Space.
Notwithstanding the foregoing, all revenue sharing contained herein
shall be payable one month in arrears upon Lessee's receipt of rental
payment from its sublessees. Lessee shall provide Lessor a summary
report listing the sublessees on the tower and the sublessee's monthly
rent with Lessor's monthly rent check. In the event the first (1 sr)
sublessee is no longer a tenant on the Leased Space, the second (2°a)
sublessee who collocated on the Leased Space will take the place of
the first (11) sublessee for purposes of being excluded from the revenue
sharing provisions of this section.
5. In2ress and Eeress. Lessor hereby grants to Lessee
easements (the "Easements") for ingress, egress, regress, and parking
of vehicles (including trucks, cranes, and heavy machinery) 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, fiber and power lines, in
connection with its use of the Leased Space. The term of these
Easements will commence upon exercise of the Option and will
continue until the last to occur of (i) expiration of the Initial Term or
Renewal Term, or (ii) removal by Lessee of all of the Structures, and
any other property from the Leased Space after expiration of the Initial
Term or Renewal Term. "The location and configuration of the
Easements will be agreed upon by 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 Easements shall be included in any
recorded Memorandum (as hereinafter defined) of this Lease. In
addition, at Lessee's request and expense, these Easements will be set
forth in a separate easement agreement (the "Easement Agreement")
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 Easements and this Lease shall be binding upon all subsequent
owners, successors and assigns of the Premises.
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 Easements, 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 and Quiet Possession. Lessor represents and
covenants that Lessor owns the Leased Space and the Premises
(including the property that is subject to the Easements) in fee simple
terms, free and clear of all liens, encumbrances and restrictions of
every kind and nature, except for those as set forth below:
Name of Lien holder Type 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, use or occupancy thereof, or the granting of the
Easements in accordance with the terms and conditions of this Lease.
Lessor represents and warrants to Lessee that Lessor has the full right,
power and authority to enter into this Lease and that Lessee will have
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Site Name: Tamarac 4, FL
Site No.: FL16942-S
quiet and peaceful possession of the Leased Space and the Easements
throughout the Term.
7. Subordination, Non -disturbance and Attornment.
(a) 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 be
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 attorn
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, Lessee's possession of the Leased Space will
not be disturbed so long as Lessee will continue to perform its duties
and 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 Attornment
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.
(b) Secured Parties. Lessee may from time to time grant to
certain lenders selected by Lessee and its affiliates (the "Lenders") a
lien on and security interest in Lessee's interest in this Lease and the
assets and personal property of Lessee located on the Leased Space
(the "Personal Property") as collateral security for the repayment of
any indebtedness to the Lenders. Such security interest shall be
subordinate to Lessor's lien for rent and other monies due under this
Lease pursuant to §83.08, Florida Statutes. Nothing contained herein
shall be construed to grant a lien upon or security interest in any of
Lessor's assets. Should Lender exercise any rights of Lessee under this
Lease, including the right to exercise any renewal option(s) or
purchase option(s) set forth in this Lease, Lessor agrees to accept such
exercise of rights by Lenders as if same had been exercised by Lessee,
and Lessor, by signing below, confirms its agreement with this
provision. If there shall be a monetary default by Lessee under this
Lease, Lessor shall accept the cure thereof by Lenders within fifteen
(15) days after the expiration of any grace period provided to Lessee
under this Lease to cure such default, prior to terminating the Lease.
If there shall be a non -monetary default by Lessee under this Lease,
Lessor shall accept the cure thereof by Lenders within thirty (30) days
after the expiration of any grace period provided to Lessee under this
Lease to cure such default, prior to terminating this Lease. This Lease
may not be amended in any respect which would be reasonably likely
to have a material adverse effect on Lenders' interest therein or
surrendered, terminated or cancelled, without the prior written consent
of Lenders. If this Lease is terminated as a result of a Lessee default
or is rejected in any bankruptcy proceeding, Lessor may enter into a
new lease with Lenders or their designee on the same terms as this
Lease within fifteen (15) days of Lenders' request made within thirty
(30) days of notice of such termination or rejection, provided Lenders
pay all past due amounts under this Lease. The foregoing is not
applicable to normal expirations of the term of this Lease. In the event
Lessor gives Lessee any notice of default under the terms of this Lease,
Lessor shall simultaneously give a copy of such notice to Lender at an
address to be supplied by Lessee., so long as Lessee or Lender provide
2
such address to Lessor. Lessee shall have the right to record a
memorandum of the terms of this paragraph.
8. Governmental Approvals and Compliance. Duringthe
Term, Lessee shall comply with all applicable laws affecting Lessee's
use or occupancy of the Leased Space, the breach of which might result
in a penalty on Lessor or forfeiture of Lessor's title to the Leased Space.
Lessee will not commit, or suffer to be committed, any waste on the
Leased Space. During the Option Period and the Term 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 modification(s) 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 further agrees during the Option Period and the Term,
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 furnish 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 is expressly
permitted to assign, or transfer its rights under this Lease to entities
controlling, controlled by or under common control with Lessee, as
part of a sale of all or substantially all of its assets, or to its lender in
connection with financing. Upon such assignment, Lessee shall be
relieved of all liabilities and obligations under this Lease. Any transfer
of this Lease by merger, consolidation or liquidation or any change in
the ownership of, or power to vote, the majority of its outstanding
voting stock shall not constitute an assignment for the purposes of this
paragraph. Otherwise, Lessee may not assign this Lease without the
prior written consent of Lessor, which consent will not be
unreasonably withheld, conditioned or delayed. Lessee shall have the
right to freely sublet or transfer space to third parties on the Leased
Space without obtaining the prior written consent of Lessor. Lessor
may not assign the Rent or this Lease or any rights hereunder, or grant
any interest in any portion of the Premises, except in connection with
conveyance of fee simple title to the Premises, without the prior written
consent of Lessee, in Lessee's sole and absolute discretion. If Lessor
enters into any arrangement to separate the equitable or financial
benefit of this Lease, the Rent or any rights hereunder from the fee
simple ownership of the Premises, the Rent shall be automatically
reduced to One Dollar ($1.00) per year. 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
00211122 - v 1
Site Name: Tamarac 4, FL
Site No.: FL16942-5
overnight express mail, or upon posting if sent by registered or
certified mail, postage prepaid, return receipt requested, and addressed
as follows:
To Lessor: City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321
Phone # - (954) 597-3500
Rent Payable to: City of Tamarac
Attn.: Department of Financial Services
7525 NW 8811 Avenue
Tamarac, Florida 338fSS' �ji�
To Lessee: SBA TOWERS IX, LLC
8051 Congress Avenue
Boca Raton, FL 33487-1307
RE: Tamarac 4, FL/FL16942-S
Attn: Site Administration
Phone # - (561) 995-7670
The address to which any notice, demand, or other writing may be
delivered to any party as above provided may be changed by written
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, damages by the elements, and damages that
were not caused by Lessee, its sublessees, contractors, or agents.
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. Lessee agrees to
design the tower proposed as a stealth tower such that it will be
disguised, hidden or blend in with its surroundings to the extent
possible, while still complying with all relevant permitting
requirements.
12. Insurance. Lessor - Lessor, at all times during the Term
of this Lease, will maintain liability insurance policy covering all of
their operations, activities, liabilities and obligations on the Premises
in accordance in accordance with the City's insurance requirements as
set forth in Exhibit C. On or before the Commencement Date, Lessor
will give Lessee a certificate of insurance evidencing that such
insurance is in effect which shall be issued by an insurance company
authorized to do business in the state in which the Premises are located
and shall provide forty-five (45) days prior written notice to the Lessee
of any cancellation of such policy. Lessor shall deliver to Lessee a
I i-
renewal certificate evidencing that such insurance is in effect within
ten business days of Lessee's request for such insurance. Lessee
waives all rights to recover against the Lessor for any damages arising
from any cause covered by any insurance required to be carried by
Lessee, or any insurance actually carried by Lessee.
Lessee - Lessee, at all times during the Term 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 as set forth in Exhibit
C, and shall name Lessor as an additional insured on its general
liability policies On or before the Commencement Date, Lessee will
give Lessor a certificate of insurance 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 Lessee 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. Lessee waives all rights
to recover against the Lessor for any damages arising from any cause
covered by any insurance required to be carried by Lessee, or any
insurance actually carried by Lessee. The Lessee shall cause its
insurer(s) to issue appropriate waiver of subrogation rights
endorsements to all policies of insurance carried in connection with the
Property
13. Operatine Expenses. 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 Term
hereof, and all other costs and expenses of every kind whatsoever in
connection with the use, operation, and maintenance of the Leased
Space by Lessee and all activities conducted thereon by Lessee.
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 Leased Space. However, Lessee will
pay any increase in real property taxes levied against the Leased Space
which is directly attributable to Lessee's use of the Leased Space, and
including Lessee's improvements thereon. Lessor agrees to furnish
proof of the increase to Lessee.
15. Maintenance. Lessee shall 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.
Lessee, at its sole cost and expense, agrees to keep the Leased Space
free of debris and trash and will ensure the Leased Space remains in a
good, safe condition throughout the Term. Lessee and its sublesses
shall be responsible for painting and maintaining their equipment,
fixtures, and other personal property in good condition and repair. All
maintenance shall be at the Lessee's sole cost and expense and will be
subject to general inspection by the Lessor to insure a continuing
quality of maintenance and appearance and physical condition of the
Leased Space commensurate with maintenance, health, and safety
standards established by the Lessor and applicable law.
16. Hold Harmless. Lessor will be held harmless by Lessee
from any liability (including reimbursement of reasonable attorneys'
Site Name: Tamarac 4, FL
Site No.: FL16942-S
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fees and all costs) for damages to any person or any property in or upon
the Leased Space at Lessee's invitation, or for damages to any person
or property resulting from the actions of Lessee or its sublessees
(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 willful misconduct or negligence of Lessor or any
of Lessor's agents, servants, employees, licensees, sublessees 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 fees and all costs) for damages to
any person or any property in or upon the Premises or Leased Space
arising out of the willful 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 the Lessee and Lessor, and anyone
claiming by or through either party, expressly waives all claims for
such damages.
Lessee shall indemnify, protect, defend and hold harmless
Lessor against any and all suits, actions, claims, regulatory actions,
liabilities, penalties, losses, fines, judgments, forfeitures, losses,
injuries, and expenses, including attorney's fees and costs, resulting
from the death or injury to any person, destruction or damage to
property, arising from or caused by the presence, in or about the
Premises, of any Hazardous Materials placed on or about the Premises
by Lessee, its sublessees, or its agents, employees or assignees, or at
Lessee's direction, or by Lessee's failure to comply with all applicable
Environmental Laws.
17. Termination Rights.
(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 either
revoked or not renewed; (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 or sufficient
ownership of or title to the Leased Space or Premises or the authority
to enter into this Lease; (v) utilities necessary for Lessee's
contemplated use of the Leased Space are not available; (vi) the Leased
Space is damaged or 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 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 the 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
1.:
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. 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 incurs any expenses in connection
with such cure, 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 terminate this Lease, at its option, in
the event of a material default by Lessee which is not cured or Lessee's
failure to pay Rent when due, which default or failure is not cured
within sixty (60) days for a nonmonetary default, or thirty (30) days
for a monetary default, after Lessee's receipt of written notice of such
default or failure. No such failure to cure a 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.
(c) Upon termination of the Leaseor expiration of this
Lease, Lessee shall within ninety (90) days restore the Leased Space
to its original condition at the commencement of the Lease, except for
ordinary wear and tear and damages by the elements or damages over
which Lessee had no control. Lessor shall be entitled to receive
monthly rent payments until such time as the tower is removed from
the Leased Space. Lessee shall provide to Lessor a removal bond in
the amount of fifty thousand dollars ($50,000.00) to cover the cost of
removal of the Structures in the event that Lessee fails to do so in
accordance with this provision.
18. 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.
19. Access to Leased space/Premises. Lessee shall have
at all times during the 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 heavy machinery (including the right to park such
vehicles, trucks and machinery within the Easements and the Premises
adjacent to the Leased Space and the Easements), 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.
20. Governing Law. It is the intent of the parties that all
questions with respect to the construction of the Lease and the rights
and the liabilities of the parties shall be determined in accordance with
the laws of Florida and that all disputes arising hereunder shall be
Site Name: Tamarac 4, FL
Site No.: FL16942-S
00211122 - v]
heard and decided in Broward County, Florida.
21. 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 party, or of any other
provision or condition of this Lease.
22. Survey and Testing. Lessee will have the right during
the 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 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.
23. 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 Easements 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.
24. Hazardous Waste.
(a) The term "Hazardous Materials" will mean any
substance, material, waste, gas or 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
Government, 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. '1251 et seq. (33 U.S.C.
'1317), (vii) defined as a "hazardous waste" pursuant to Section 1004
of the Resource Conservation and Recovery Act, 42 U.S.C. '6901 et
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. '9601 et Seq.
(42) U.S.C. '9601). 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 any 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 breached during the 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.
(c) Nothing herein shall constitute a waiver by Lessor
of its sovereign immunity or the provisions of Section 768.28, Florida.
Statutes (2016). Further, nothing herein shall be construed as consent
by Lessor to be sued by third parties in any manner arising out of this
Lease.
(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 Term of this Lease.
25. 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.
The Lessee shall make, or cause to be made, prompt payment
of all money due and legally owing to all persons doing any work,
including subcontractors, or providing supplies and equipment in
connection with the construction, reconstruction or operation of the
Property. The Lessee shall have no power or right to and shall not in
any way encumber the Lessor's fee simple interest in the Property. If
any lien shall at any time be filed against the Property, the Lessee shall
promptly take and diligently pursue a cause of action to have the same
discharged or to contest in good faith the amount or validity thereof
and if unsuccessful in such contest, to have the same discharged. Upon
the Lessee's failure to do so, the Lessor, in addition to any other right
or remedy that it may have, may take such action as may be reasonably
necessary to protect its interest, and the Lessee shall be responsible for
any and all costs incurred by the Lessor in connection with such action,
including all reasonable legal fees, costs and expenses.
26. Headings. The headings of sections and subsections are
for convenient reference only and will not be deemed to limit, construe,
00211122 - v 1
Site Name: Tamarac 4, FL
Site No.: FL16942-5
affect, modify or alter the meaning of the sections or subsections.
27. Time of Essence. Time is of the essence of Lessor's and
Lessee's obligations under this Lease.
28. 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, term or provision of this 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.
29. 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.
30. Further Assurances. During the Option Period and
Term of this Lease, 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
31. 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 and Easements, once complete, to the Memo and
record same in the public records.
32. 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.
33. 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 Option Period or the 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 Option
Period or the 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,
1
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.
34. Rieht of First Refusal. If at any time during the Option
Period or the Term of this Lease, Lessor receives a bona fide written
offer from a third person (the "Offer") to sell, assign, convey, lease,
factor or otherwise transfer or create any interest in the current or
future Rent, this Lease, the Leased Space or the Premises, or any
portion thereof, which Lessor desires to accept, to the extent doing so
shall not violate any provisions of the prior rights referenced in
Paragraph 6 herein above, 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 acquire the interest described in the Offer on the terms set
forth in the Offer. Lessee shall have a period of thirty (30) days after
receipt of Lessor's notice and terms to exercise Lessee's right of first
refusal by notifying Lessor in writing. If Lessee has not exercised its
right of first refusal in writing to Lessor within such thirty (30) day
period, the terms of the Offer will be deemed rejected. Any action
taken by Lessor as part of a scheme or contrivance to circumvent the
intent of this Section will cause the monthly Rent payable to Lessor or
its successors or assigns to be reduced by fifty percent (50%) for all
terms remaining under this Lease. In the event that the provisions of
Paragraph 6 preclude affording such right to Lessee, Lessor shall make
such information known to Lessee along with the notice of the Offer.
35. Prevailing Party. In the event that any dispute
between the parties related to this Lease should result in litigation, the
prevailing party in such litigation shall be entitled to recover from the
other party all of its reasonable fees and expenses, including without
limitation, reasonable attorney's fees and costs.
36. Date of Lease. The parties acknowledge 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 has
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.
37. Third Party Beneficiary. Nothing contained in this
Lease shall be construed so as to confer upon any other party the rights
of third party beneficiary.
38. Radon. Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may
present health risks to persons who are exposed to it over time. Levels
of Radon that exceed Federal and State guidelines have been found in
buildings in Florida. Additional information regarding Radon and
Radon testing may be obtained from your county public health unit.
Site Name: Tamarac 4, FL
Site No.: FL16942-S
00211122 - v I
COMMENCEMENT DATE: The date that Lessee exercises its
Option.
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.
34. Right of First Refusal. If at any time during the Option
Period or the Term of this Lease, Lessor receives a bona fide written
offer from a third person (the "Offer") to sell, assign, convey, lease,
factor or otherwise transfer or create any interest in the current or
future Rent, this Lease, the Leased Space or the Premises, or any
portion thereof, which Lessor desires to accept, to the extent doing so
shall not violate any provisions of the prior rights referenced in
Paragraph 6 herein above, 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 acquire the interest described in the Offer on the terms set
forth in the Offer. Lessee shall have a period of thirty (30) days after
receipt of Lessor's notice and terms to exercise Lessee's right of first
refusal by notifying Lessor in writing. If Lessee has not exercised its
right of first refusal in writing to Lessor within such thirty (30) day
period, the terms of the Offer will be deemed rejected. Any action
taken by Lessor as part of a scheme or contrivance to circumvent the
intent of this Section will cause the monthly Rent payable to Lessor or
its successors or assigns to be reduced by fifty percent (50%) for all
terms remaining under this Lease. In the event that the provisions of
Paragraph 6 preclude affording such right to Lessee, Lessor shall make
such information known to Lessee along with the notice of the Offer.
35. Prevailing Party. In the event that any dispute
between the parties related to this Lease should result in litigation, the
prevailing party in such litigation shall be entitled to recover from the
other party all of its reasonable fees and expenses, including without
limitation, reasonable attorney's fees and costs.
36. Date of Lease. The parties acknowledge 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 has
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.
37. Third Party Beneficiary. Nothing contained in this
Lease shall be construed so as to confer upon any other party the rights
of third party beneficiary.
38. Radon. Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may
present health risks to persons who are exposed to it over time. Levels
of Radon that exceed Federal and State guidelines have been found in
buildings in Florida. Additional information regarding Radon and
Radon testing may be obtained from your county public health unit.
00211122 - v I
Site Name: Tamarac 4, FL
Site No.: FL16942-S
COMMENCEMENT DATE: The date that Lessee exercises its
Option.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the last day and year specified below.
LESSOR: CITY OF TAMARAC,
a Florida municipal corporation
Print Name: ,� �� • ��✓�C��
Title: �(� �/jl.avL e,✓-
Date:
Witness: C/ ��'�'
Print Name: 7z-�/ ' / , /-OQ/ 7
Notary Public:
I do hereby certify that eSt,.o j D 0. Y MQ �► who is
personally known to me, or who has proved by sufficient didence
to be the 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
20 �7
Notary Signature
rpti►!s'';,� LILLIAN PABON
f • .= Commission # FF 942181
Expires December 12, 2019
Bondad ThN Troy F* k*VNM SOMM7010
00211122 - v I
Site Name: Tamarac 4, FL
Site No.: FL16942-S
LESSEE: SBA TOWMS IX, LLC,
a Delaware limitSeTiability company
Print Name: Alyssa Houlihan
Title: Vice President, Site Leasing
Date: & (7,4 ,,ot- i
Witness: Wo(e'—JA
Print Name:
Andrea Reid -Gentles
Witness:
Print Name: Graciela CorteS
Notary Public:
I do hereby certify that ALYSSA HOULIHAN, who is personally
known to me, or who has proved by sufficient evidence to be the
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
20.
Notary Si
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* * MY COMMISSION # FF084094
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RBA72 FCOA SSC
BATTERY CABINET CABINET
CABINET
FCOA
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LEGAL DESCRIPTION OF THE PREMISES
A PORTION OF PARCEL P, "LYONS INDUSTRIAL PARK", ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71. PAGE 1 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED OF FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL P; THENCE
NORTH 00'01'37- WEST, ALONG THE WEST LINE OF SAID PARCEL P, A
DISTANCE OF 520.39 FEET; THENCE SOUTH 88'59'06" EAST, ALONG A
LINE PARALLEL TO THE SOUTH LINE OF SAID PARCEL P, A DISTANCE
OF 418.70 FEET; THENCE SOUTH 00'01'37" EAST, ALONG A LINE
PARALLEL TO SAID WEST LINE OF PARALLEL P. A DISTANCE OF 418.70
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF TAMARAC. BROWARD COUNTY,
FLORIDA, AND CONTAIN 5.001 ACRES, MORE OR LESS.
0021 1 122 - v I
Site Name: Tamarac 4, FL
Site No.: FL16942-S
C�
Initials: �k
Initials:
EXHIBIT C
INSURANCE REQUIREMENTS
City of Tamarac
Insurance Requirements
Vendor agrees to, in the performance of work and services under this Purchase
Order/Agreement, comply with all federal, state, and local laws and regulations now in effect,
or hereinafter enacted during the term of this agreement that are applicable to Vendor, its
employees, agents, or sub Vendors, if any, with respect to the work and services described
herein.
Vendor shall obtain at Vendor's expense all necessary insurance in such form and amount as
required by the City's Risk Manager before beginning work under this Purchase
Order/Agreement. Vendor shall maintain such insurance in full force and effect during the life
of this Agreement. Vendor shall provide to the City's Risk Manager certificates of all insurance
required under this section prior to beginning any work under this Agreement.
Vendor shall indemnify and save the City harmless from any damage resulting to it for failure
of either Vendor or any subVendor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the Vendor
agrees to maintain during the term of this contract:
Line of Business/ Coverage
Commercial General Liability
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability
Workers' Compensation &Employer's Liability
Limits
Occurrence Aggregate
$1,000,000 $1,000,000
$1,000,000 $1,000,000
Statutory
The City reserves the right to require higher limits depending upon the scope of work under
this Agreement.
Page 1 of 3
00211122 - v] 12
Site Name: Tamarac 4, FL
Site No.: FL16942-5
EXHIBIT C (continued)
INSURANCE REQUIREMENTS
Neither Vendor nor any subVendor shall commence work under this contract until they
have obtained all insurance required under this section and have supplied the City with
evidence of such coverage in the form of an insurance certificate and endorsement. The
Vendor will ensure that all subVendors will comply with the above guidelines and will
maintain the necessary coverages throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
licensed to do business in Florida. "Occurrence" form policies are required.
Each carrier will give the City sixty (60) days notice prior to cancellation.
The Vendor's liability insurance poncles shall be endorsed to add the City of Tamarac
as an "additional insured The Vendor's Worker's Compensation carrier will provide a
Waiver of Subrogation to the City.
The Vendor shall be responsible for the payment of all deductibles and self -insured
retentions. The City may require that the Vendor purchase a bond to cover the full
amount of the deductible or self -insured retention.
If the Vendor is to provide professional services under this Agreement, the Vendor must
provide the City with evidence of Professional Liability insurance with, at a minimum, a
limit of $1,000,000 per occurrence and in the aggregate. 'Claims -Made" forms are
acceptable for Professional Liability insurance.
A copy of proof of Insurance MUST be submitted with the proposal.
(SEE SAMPLE OF INSURANCE CERTIFICATE NEXT PAGE)
00211122 - v]
Site Name: Tamarac 4, FL
Site No.: FL16942-5
Page 2 of 3
13
EXHIBIT C (continued)
INSURANCE REQUIREMENTS
ACORD CERTIFICATE OF LIABILITY INSURANCE
DATE MMICDIYY
PRODUCER
THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
_ —
INSURERS AFFORDING COVERAGE
YOUR COMPANY NAME HERE
INSURER A:
Companies providing coverage
INSURERO. -
INSURER D.
INSURER k,
COVERAGES
THF POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA.VEU ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT TERM ON CONDITION OF ANY CONTHAC I OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGSKLGAI E LIMi7S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR KSR
TYPE OF INSURANCE
POLICY NUMBER POLICY' EFFfMMIECDATETNE
POLICY fil► TI N
ulIT4
GENEMLLIABILITY
j CCMMERCIAL GENERAL UADRITY
LAIM3 MADE ❑OCCUR
EACH OCCUP.RENCC _
_
Must Include General Liability
FIRE DAMAGE A, .. fin
f
NED EXP(ATy o10 paDj
S
PERSONAL E ADV INJURY
GENERAL AGGREGATE
PROCLCTS-COMNOP AGG
f
GEML AGGREGATE UNIT AFPIIES PER:
_ PdkY proles Ix
AUTOMOBILE LIABILITY
ANY All 0
ALL CMNED AUTOS
SCHECULED AUTOS
MIRED ALTOS
T0
NON-OWNED AUTOS
SAMPLE CERTIFICATE
AUTO ONLY -EA ACCIDENT
OTHR THAN EA A
AUTO ONLY: AGO OAGG
GAMOE LIABILITY
ANY AUTO
EXCESS LMJIUTY
OCCLR 1 CLAIMS MADE
DED C-11LE
RETENTION S
EACH OCCURRENCE
AGGREGATE
f
f
f
MRKERG COMPENSATION AND
EMPLOY
FMPLDYER3' IIASILRY
a _ CTF.
—
E.L. EACH ACCIDENT
FA. O'SFASE - EA EMPLOYEE
EL. DISEASE - POLICY LIMIT
OTHER
D C Certificate must contain wording similar to what appears below
I
THE CERTIFICATE HOLDER IS NAMED AS ADDITIONALLY INSURED WITH REGARD TO GENERAL LIABILITY"
AU 1-AL INSURED; INSU RER LETTER: UAN L:LLLA 110N
SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIMTION
City Of Tamarac IL 20 DAYS IN IN
7525 NW 88th Avenu� City Must Be Named as Certificate Holder LEFT.
Tamarac FL 33321
AUTNORIIED REPR EEERTATNE
ACORD 25-S (7197)
(DACORD CORPORATION 1988
0 0211122 - v 1
Site Name: Tamarac 4, FL
Site No.: FL16942-S
Initials
�A Initials:
14
4W
Prepared by: Andrea Reid -Gentiles
After recording return to: Leysi Quincoses
SBA Network Services, LLC
8051 Congress Avenue
Boca Raton, FL 33487
Ph: 1-800-487-7483 ext. 9306
MEMORANDUM OF LAND LEASE
THIS MEMORANDUM OF LAND LEASE (herein "Memorandum") is made this 1,,= day of
bC.m%C-&, , 2017, by and between CITY OF TAMARAC, a Florida municipal corporation,
having an address of 7525 NW 881h Avenue, Tamarac, Florida 33321 (herein "Lessor") and SBA TOWERS
IX, LLC, a Delaware limited liability company, having a principal office located at 8051 Congress Avenue,
Boca Raton, Florida 33487-1307 (herein "Lessee").
WHEREAS, Lessor and Lessee entered into that certain Option and Land Lease, dated
0c;M6641,, tG , 2017, (hereinafter referred to as "Lease") whereby Lessor leased to Lessee a
portion of the Premises (as defined below). All terms used but not defined herein shall have the meaning
ascribed to them in the Lease.
WHEREAS, Lessor and Lessee desire to enter into this Memorandum to give notice of said 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 rents reserved and the covenants and conditions more particularly set
forth in the Lease, Lessor and Lessee do hereby covenant, promise and agree as follows:
1. The Lease provides in part that Lessor leases to Lessee approximately 1,380
(23' x 60') square feet, as depicted in Exhibit "A" attached hereto (the "Leased Space") within the property
commonly known as 9300 NW 58'h Avenue, City of Tamarac, County of Broward, State of Florida 33321,
Property Parcel ID: 4941-08-03-0291 with the legal description set forth in Exhibit "B" attached hereto (the
"Premises).
2. Lessee shall lease the Leased Space from Lessor, together with all easements for ingress, egress
and utilities as more particularly described in the Lease, all upon the terms and conditions more particularly
set forth in the Lease for a term of five (5) years, which term is subject to ten (10) additional five (5) year
extension periods.
3. The sole purpose of this instrument is to give notice of said Lease and all its terms, covenants and
conditions to the same extent as if the same were fully set forth herein. The Lease contains certain other
rights and obligations in favor of Lessor and Lessee which are more fully set forth therein.
Site Name: Tamarac 4, FL
Site No: FL16942-S
®]
4. Right of First Refusal. If at any time during the Option Period or the Term of the Lease, Lessor
receives a bona fide written offer from a third person (the "Offer") to sell, assign, convey, lease, factor or
otherwise transfer or create any interest in the current or future Rent, the Lease, the Leased Space or the
Premises, or any portion thereof, which Lessor desires to accept, to the extent doing so shall not violate
any provisions of the prior rights referenced in Paragraph 6 therein, 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 acquire the interest described in the Offer on the terms
set forth in the Offer. Lessee shall have a period of thirty (30) days after receipt of Lessor's notice and terms
to exercise Lessee's right of first refusal by notifying Lessor in writing. If Lessee has not exercised its right
of first refusal in writing to Lessor within such thirty (30) day period, the terms of the Offer will be deemed
rejected. Any action taken by Lessor as part of a scheme or contrivance to circumvent the intent of this the
Right of First Refusal will cause the monthly Rent payable to Lessor or its successors or assigns to be
reduced by fifty percent (50%) for all terms remaining under this Lease. In the event that the provisions of
Paragraph 6 of the Lease preclude affording such right to Lessee, Lessor shall make such information
known to Lessee along with the notice of the Offer.
5. Assignment. Lessor may not assign the Rent or the Lease or any rights thereunder, or grant
any interest in any portion of the Premises, except in connection with conveyance of fee simple title to the
Premises, without the prior written consent of Lessee, in Lessee's sole and absolute discretion.
7. 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 Lease and any extensions thereof. All covenants and agreements of the Lease
shall run with the land.
Site Name: Tamarac 4, FL
Site No: FL16942-S SBA
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first
above written.
WITNESSES:
l
:i
Print Name
Print Name ,
STATE OF T \qbli \ 0. }
} .ss:
COUNTY OF }
LESSOR: CITY OF TAMARAC
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
Vii�'- � n V C' Z" , to me known to be the person described in and who
executed the foregoing instrument and who acknowledged before me that he/she executed the same in the
capacity aforestated.
r WITNESS my hand andofficial seal in
1 i 2011'
Sign Name:
Print Name: �� 1 C"-,v 2L\.OD rZ
Notary Public
LILLIAN PABON
g= Commission # FF 942161
Expires December 12, 2019
EoMad Thru Troy FNn In2urr10Q 800, 9 7019
the County and State last aforesaid the ' ^ day of
n
My Commission expires on:
Site Name: Tamarac 4, FL
Site No: FL16942-S
SBA®
WITNESSES: LESSEE: SBA TOWERS IX, LLC,
a Delaware limited liability company
Andrea Reid -Gentles BY: 4ZZ_
-
Print Name Print: Alyssa Houlihan
Its: Vice President, Site Leasing
Date: (i 12Z IZo rl
raciela Cortes
Print Name
STATE OF FLORIDA }
}.ss:
COUNTY OF PALM BEACH }
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 ALYSSA HOULIHAN, AS
VICE PRESIDENT, SITE LEASING OF SBA TOWERS IX, LLC, a Delaware 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.
WIT SS my hand and official seal in the County and State last aforesaid the ;)->— day of
, 2016.
MARTRIEP.7,M0
* MYCO10ISSION'FF034096
Sign Na [ 1 �� EXPIRES: February 14, 2018
OD I� 21 lOf!"I/1J jq>Fo..� o�BondedThruBudgetNotarvServiw
Print Name:
Notary Public
Marjorie A. Franco
My Commission Expires:
4
Site Name: Tamarac 4, FL
Site No: FL16942-S
EXHIBIT "A"
The Leased Space shall consist of 1,380 (23' x 60') 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:
_
?) LYONS INDUSTRIAL PARK �
3 PLAT BOOK 71, PAGE 1 s
B CANAL "
c
25Q04'(P) V 5 B6'59'06' E(D) 41d7O'(D)
a RR
v 3 NORTH
9
I � C
LYONS INDUSTRIAL PARK v PARENT PARCEL
.. ARAC
PLAT BOOK 71, PACE 1 c TAX PARCEL N0. CTY OF 49- 166-03-02v1 a
LOT 1, BLOCK 5 c aTTcuL RECORD BOdc 36751, PACE 1614
Mg �
b = N 6°�06 "�> 250.04'(P) SBA 20' WIDE NON-EXCLUSIVE
A, RIGHT-aF-wAr LINE
z1m A ESS&�TI�ITI(SEh1ENT
4� NW 58TH STREET a A
60' WqE RIOMT-OF-7/AY F ASPH T
q `> a-Y: 1voE ASPHALT ROAD .
a'j 111F9L�YONS
-OF-WAY UNE 2SO04'(P) V n
alll IC+IZ � 1213"
INDUSTRIAL PARK _ N B9'W6'2r EBOOK 71, PAGE 1 S 121.' x60LOT 1, BLOCK 4 [jF;gARP
MR
J
SOUTH LINE OF PARCEL T'
LYONS INDUSTRIAL PARK N W-59'06' W(D) 41a7D'(D)
PLAT BOOK 71, PAGE 1 1 N W'59'23* R
LOT 2, BLOCK 4 $ POINT OF BEGINNING`
SOUTHWEST CORNER OF PARCEL TP' CITY OF TAMARAC
CENTER OF PROPOSED TOWER IS 244.6't PARENT PARCEL TAX PARCEL NO. 4941-06-03-0310 V
FROM NORTHFAST CORNER OF pURDINO CANAL
250.04'(P) 5 Br39'06- E(P)
s 6639.2r E
126.59'(P) W(P) 100'(P) IOO'(P) fO0'(P) 100'(P)
LYONS INDUSTRIAL PARK POINT OF COMMENCEMENT
PLAT BOOK 71, PAGE 1 SE CORNER OF LOT 2. BLOCN 4
LOT 3, BLOCK 4 FOUND 1/2 IRON R00 LOT S, LOT 6,
Lff � puEOIBLQ BUCK 4 8LOCK 4
LOT 7, LET 8, LOT !,
ONE STORYBU9AN0 CENTER OF PROPOSED TOWER IS 259.5': BLOCK 4 BLOCK 4 BLOCK 4
FROM NORTHEAST CORNER OF BUILDING
5
Site Name: Tamarac 4, FL
Site No: FL16942-S S BA
EXHIBIT "A" (continued)
LEASED SPACE LEGAL DESCRIPTION
THAT PART OF THE 'CITY OF TAMARAC' PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 36751. PAGE 1834 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED IN THE
SOUTHWESTERLY PORTION OF PARCEL 'P', LYONS INDUSTRIAL PARK. AS
PER PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 1 OF THE
PUBLIC RECORDS OF SAID BROWARD COUNTY, SITUATED IN SECTION 8.
TOWNSHIP 49 SOUTH, RANGE 41 EAST. SAID BROWARD COUNTY, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 4, LYONS
INDUSTRIAL PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 71.
PAGE 1 OF THE PUBLIC RECORDS BROWARD COUNTY, FLORIDA; THENCE
NORTH 00'01'37' WEST ALONG THE EAST LINE OF LOTS 2 AND 1, SAID
BLOCK 4 FOR 191.99 FEET; THENCE NORTH 89'58'23' EAST FOR 125.69
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'51'59' EAST FOR
23.00 FEET; THENCE SOUTH 00*08*01' WEST FOR 60.00 FEET; THENCE
NORTH 89*51*59' WEST FOR 23.00 FEET; THENCE NORTH 00108'01'
EAST FOR 60.00 FEET TO SAID POINT OF BEGINNING.
CONTAINING 1.380 SQUARE FEET (0.032 ACRES). MORE OR LESS.
NON-EXCLUSIVE ACCESS & UTILITY EASEMENT LEGAL DESCRIPTION
THAT PART OF THE "CITY OF TAMARAC' PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 36751. PAGE 1834 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED IN THE
SOUTHWESTERLY PORTION OF PARCEL 'P', LYONS INDUSTRIAL PARK, AS
PER PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 1 OF THE
PUBLIC RECORDS OF SAID BROWARD COUNTY, SITUATED IN SECTION 8.
TOWNSHIP 49 SOUTH, RANGE 41 EAST, SAID BROWARD COUNTY, LYING
WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 4, LYONS
INDUSTRIAL PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 71,
PAGE 1 OF THE PUBLIC RECORDS BROWARD COUNTY, FLORIDA; THENCE
NORTH 00'01'37" WEST ALONG THE EAST LINE OF LOTS 2 AND 1, SAID
BLOCK 4 FOR 191.99 FEET; THENCE NORTH 89'58'23' EAST FOR 125.69
FEET TO THE NORTHWEST CORNER OF AN 23 FOOT BY 60 FOOT TOWER
PARCEL; THENCE SOUTH 89'51'59' EAST ALONG THE NORTH LINE OF
SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEAST CORNER OF
SAID TOWER PARCEL; THENCE SOUTH 00-08'01" WEST ALONG THE EAST
LINE OF SAID TOWER PARCEL FOR 50.00 FEET TO THE POINT OF
BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT
WIDE NON—EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT;
THENCE SOUTH 89'51'59" EAST FOR 10.00 FEET TO AN INTERSECTION
WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET EAST OF
SAID EAST LINE OF SAID TOWER PARCEL. THENCE NORTH OOW'01'
EAST ALONG SAID PARALLEL LINE FOR 137.00 FEET; THENCE SOUTH
89'85'23" WEST FOR 58.95 FEET TO AN INTERSECTION WITH THE WEST
LINE OF PARCEL 'P', SAID LYONS INDUSTRIAL PARK, AND THE POINT
OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 4,119 SQUARE FEET (0.095 ACRES), MORE OR LESS.
Site Name: Tamarac 4, FL
Site No: FL16942-S SBA
EXHIBIT B
LEGAL DESCRIPTION OF THE PREMISES
A PORTION OF PARCEL P, -LYONS INDUSTRIAL PARK% ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71, PAGE 1 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED OF FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL P; THENCE
NORTH 00'O1'37" WEST, ALONG THE WEST LINE OF SAID PARCEL P. A
DISTANCE OF 520.39 FEET: THENCE SOUTH 88'59'06' EAST, ALONG A
LINE PARALLEL TO THE SOUTH LINE OF SAID PARCEL P, A DISTANCE
OF 418.70 FEET: THENCE SOUTH 00'O1'37" EAST, ALONG A LINE
PARALLEL TO SAID WEST LINE OF PARALLEL P. A DISTANCE OF 418.70
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF TAMARAC. BROWARD COUNTY,
FLORIDA, AND CONTAIN 5.001 ACRES, MORE OR LESS.
Site Name: Tamarac 4, FL
Site No: FL16942-S S BA
't
Prepared by: Andrea Reid -Gentiles
After recording return to: Leysi Quincoses
SBA Network Services, LLC
8051 Congress Avenue
Boca Raton, FL 33487-1307
Ph: 1-800-487-7483 ext. 9306
MEMORANDUM OF OPTION AND LAND LEASE
THIS MEMORANDUM OF OPTION AND LAND LEASE (herein "Memorandum") is made this
1UP56day of OC aiatzw r , 2017, by and between CITY OF TAMARAC, a Florida municipal
corporation, having an address of 7525 NW 881h Avenue, Tamarac, Florida 33321 (herein "Lessor") and
SBA TOWERS IX, LLC, a Delaware limited liability company, having a principal office located at 8051
Congress Avenue, Boca Raton, Florida 33487-1307 (herein "Lessee").
WHEREAS, Lessor and Lessee entered into that certain Option and Land Lease, (hereinafter
referred to as "Lease") dated 4kg1g1p,&_ 116 , 2017, whereby Lessor granted to Lessee an Option
to lease a portion of the Premises (as defined below). All terms used but not defined herein shall have the
meaning ascribed to them in the Lease.
WHEREAS, Lessor and Lessee desire to enter into this Memorandum to give notice of said 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 Lease, Lessor and Lessee do hereby covenant, promise and agree as follows:
1. The Lease provides in part that Lessor leases to Lessee approximately 1,380
(23' x 60') square feet, as depicted in Exhibit "A" attached hereto (the "Leased Space") within the property
commonly known as 9300 NW 58th Avenue, City of Tamarac, County of Broward, State of Florida 33321,
Property Parcel ID: 4941-08-03-0291 with the legal description set forth in Exhibit "B" attached hereto (the
"Premises). The Initial Option Period expires two (2) years from date of execution and may be extended
for an additional period of 2 (2) years.
2. In the event Lessee exercises the Option, Lessee shall lease the Leased Space from Lessor,
together with all easements for ingress, egress and utilities as more particularly described in the Lease, all
upon the terms and conditions more particularly set forth in the Lease for a term of five (5) years, which
term is subject to ten (10) additional five (5) year extension periods.
3. The sole purpose of this instrument is to give notice of said Lease and all its terms, covenants and
conditions to the same extent as if the same were fully set forth herein. The Lease contains certain other
rights and obligations in favor of Lessor and Lessee which are more fully set forth therein.
Site Name: Tamarac 4, FL SBA ® 1
Site No.: FL16942-S
4. Right of First Refusal. If at any time during the Option Period or the Term of the Lease, Lessor
receives a bona fide written offer from a third person (the "Offer") to sell, assign, convey, lease, factor or
otherwise transfer or create any interest in the current or future Rent, the Lease, the Leased Space or the
Premises, or any portion thereof, which Lessor desires to accept, to the extent doing so shall not violate
any provisions of the prior rights referenced in Paragraph 6 therein, 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 acquire the interest described in the Offer on the terms
set forth in the Offer. Lessee shall have a period of thirty (30) days after receipt of Lessor's notice and terms
to exercise Lessee's right of first refusal by notifying Lessor in writing. If Lessee has not exercised its right
of first refusal in writing to Lessor within such thirty (30) day period, the terms of the Offer will be deemed
rejected. Any action taken by Lessor as part of a scheme or contrivance to circumvent the intent of this the
Right of First Refusal will cause the monthly Rent payable to Lessor or its successors or assigns to be
reduced by fifty percent (50%) for all terms remaining under this Lease. In the event that the provisions of
Paragraph 6 of the Lease preclude affording such right to Lessee, Lessor shall make such information
known to Lessee along with the notice of the Offer.
6. Assignment. Lessor may not assign the Rent or the Lease or any rights thereunder, or grant any
interest in any portion of the Premises, except in connection with conveyance of fee simple title to the
Premises, without the prior written consent of Lessee, in Lessee's sole and absolute discretion.
7. 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 Lease and any extensions thereof. All covenants and agreements of the Lease
shall run with the land.
Site Name: Tamarac 4, FL SBA ® 2
Site No.: FL16942-S
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first
above written.
WITNESSES:
ioy 4,09wAL.",
Print Name
Print Name
STATE OF ra }
} .ss:
COUNTY OF C }
LESSOR: CITY OF TAMARAC,
a Florida municipal corpor
inAt:Akr e C>ev�n�
Title: Q r
Date:
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
�Ci Ct Y n;y, to me known to be the person described in and who.
executed the foregoing instrument and who acknowledged before me that he/she executed the same in the
capacity aforestated.
WITNESS my hand and official seal in the County and State last aforesaid the 1 day of
201
Sign Name:
Print Name: ll �� ctisJ�
Notary Public
RPV'" •,. LILLIAN PAIR
0N
:s Commission # Fr 942161
Expires December 12, 2019
londsd Thru Tmy Fen Insuranro SD5aS7019
Site Name: Tamarac 4, FL
Site No.: FL16942-S
My Commission expires on:� �i q
S B A V]
WIT ESSES:
Andrea Reid -Gentles
Print Nam
�Zracieia Cortes
Print Name
STATE OF FLORIDA }
} .ss:
COUNTY OF PALM BEACH }
LESSEE: SBA TOWER , LLC,
a Delaware limited liq>rity company
By:
Print: Alys a Ho:'�ite
Its: Vice Leasing
Date: (B Z� tt
(CORPORATE SEAL)
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 ALYSSA HOULIHAN, as
VICE PRESIDENT, SITE LEASING of SBA TOWERS IX, LLC, a Delaware 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.
r,WITNESS my hand and official seal in the County and State last aforesaid the t�7-O day of
2016.
Sign Name: � * MYCON;,;4ISSION;�FF03409,
EXPIRES: February 14,201,
Print Name:IMieA. Fr�nCO AlF�FL��`or BondedThrul3u0getNotarysaru+cF
otary Public t� r/
My Commission Expires: // ��d
Site Name: Tamarac 4, FL S B A
Site No.: FL16942-S
EXHIBIT "A"
The Leased Space shall consist of 1,380 (23' x 60') 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:
LYONS INDUSTRIAL PARK
PLAT BOOK 71, PAGE 1
^v CANAL
250.04(P)
V'
0
S 88159'06- E(D) 418.70(D)
I
�
m
J
NORTH
�
a
i
LYONS INDUSTRIAL PARK
V
PARENT PARCEL m
o
PLAT BOOK 71, PAGE 1
an OF TAMARAC
TAX PARCEL NO. 4941-08-03-0291
^y
I= LOT 1, BLOCK 5 8
OFFICIAL
m RECORD BOOK 367.51. PACE 1034
O
H.
--_1E 4 -t
�- -
f
N 88'S9'O6' W(P) 250.04' P ()
SBA 20' WIDE NON-EXCLUSIVE
-_
Tg4'-14`
RIOHT-CP-WAY LINE
-NW-58TH-STREET
SS�� uA -_r EASEMENT
- -
-- _CIF-_ HAL o -
WE RIGHT-OFWAY
_ _ -
_ _-1
.-� �y
.EDGE OFASPHALT
24.2't woE ASMIALT ROAD
- - -
-- m RIGHT-OF-WAY LINE 250.04'(P) JTjj d
- _A I -- - OSINDUSTRIAL PARK N 89'58'2S E -_
c PLAT BOOK 71, PAGE i s 1z569' 23`X60
- LOT 1, BLOCK 4 m u AR n
J�ti m ode �
SOUTH LINE OF PARCEL'P'
LYONS INDUSTRIAL PARK m > N j N 86s9'06• VK 41a7TLO
PLAT BOOK 71, PAGE 1 _ t N 86'S9'23 W
LOT 2, BLOCK 4 g m POINT OF BEGINNING
SOUTHWEST CORNER OF PARCEL 'P' CITY OF TAMARAC
CENTER 6 PROPOSED TOW iR IS 244.6f PARENT PARCEL TAX PARCEL NO. 4941-OB-03-
FROM NORTHEAST CORNER OF BUILDING CANAL
250.04' P) 5 6859'Ofi' 7)
( S 8639'23' E
126.59'(P) I (P) 100'(P) 1OO(P) 100'(P) LYONS INDUSTRIAL PARK POINT OF COMMENCEMENT I
PLAT BOOK 71, PAGE i SE CORNER OF LOT 2, BLOCK 4 I
LOT 3, BLOCK 4 FOUND t/2I IRON ROD LOT 5, LOT 6,
LAP puEaB 17 BLOCK 4 BLOCK 4
LOT 7, LOT i.,
ONE STORY BUILONG CENTER OF PROPOSED TOWER IS 259.5'i BLOCK 4 BLOCK 4 BLOCK 4
I FROM NORTHEAST CORNER OF BUILDMG
Site Name: Tamarac 4, FL SBA ® 5
Site No.: FL16942-S
EXHIBIT "A" (continued)
LEASED SPACE LEGAL DESCRIPTION
THAT PART OF THE 'CITY OF TAMARAC' PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 36751, PAGE 1834 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED IN THE
SOUTHWESTERLY PORTION OF PARCEL "P', LYONS INDUSTRIAL PARK, AS
PER PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 1 OF THE
PUBLIC RECORDS OF SAID BROWARD COUNTY, SITUATED IN SECTION 8,
TOWNSHIP 49 SOUTH, RANGE 41 EAST. SAID BROWARD COUNTY. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 4, LYONS
INDUSTRIAL PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 71.
PAGE 1 OF THE PUBLIC RECORDS BROWARD COUNTY, FLORIDA; THENCE
NORTH 00'01'37' WEST ALONG THE EAST LINE OF LOTS 2 AND 1, SAID
BLOCK 4 FOR 191.99 FEET; THENCE NORTH 89'58'23" EAST FOR 125.69
FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'51'59" EAST FOR
23.00 FEET; THENCE SOUTH 00'08'01" WEST FOR 60.00 FEET; THENCE
NORTH 89*51*59" WEST FOR 23.00 FEET; THENCE NORTH DO'08'01"
EAST FOR 60.00 FEET TO SAID POINT OF BEGINNING.
CONTAINING 1,380 SQUARE FEET (0.032 ACRES), MORE OR LESS.
NON-EXCLUSIVE ACCESS & UTILITY EASEMENT LEGAL DESCRIPTION
THAT PART OF THE "CITY OF TAMARAC" PARCEL, AS PER DESCRIPTION
RECORDED IN OFFICIAL RECORD BOOK 36751, PAGE 1834 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED IN THE
SOUTHWESTERLY PORTION OF PARCEL 'P', LYONS INDUSTRIAL PARK, AS
PER PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 1 OF THE
PUBLIC RECORDS OF SAID BROWARD COUNTY, SITUATED IN SECTION 8,
TOWNSHIP 49 SOUTH, RANGE 41 EAST, SAID BROWARD COUNTY, LYING
WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 4, LYONS
INDUSTRIAL PARK, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 71,
PAGE 1 OF THE PUBLIC RECORDS BROWARD COUNTY, FLORIDA; THENCE
NORTH 00'01'37' WEST ALONG THE EAST LINE OF LOTS 2 AND 1, SAID
BLOCK 4 FOR 191.99 FEET; THENCE NORTH 89'58'23' EAST FOR 125.69
FEET TO THE NORTHWEST CORNER OF AN 23 FOOT BY 60 FOOT TOWER
PARCEL; THENCE SOUTH 89'51'59' EAST ALONG THE NORTH LINE OF
SAID TOWER PARCEL FOR 23.00 FEET TO THE NORTHEAST CORNER OF
SAID TOWER PARCEL; THENCE SOUTH 00'08'01" WEST ALONG THE EAST
LINE OF SAID TOWER PARCEL FOR 50.00 FEET TO THE POINT OF
BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT
WIDE NON—EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT;
THENCE SOUTH 89'S1*59" EAST FOR 10.00 FEET TO AN INTERSECTION
WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET EAST OF
SAID EAST LINE OF SAID TOWER PARCEL: THENCE NORTH 00*08*01"
EAST ALONG SAID PARALLEL LINE FOR 137.00 FEET, THENCE SOUTH
89'85'23" WEST FOR 58.95 FEET TO AN INTERSECTION WITH THE WEST
LINE OF PARCEL "P", SAID LYONS INDUSTRIAL PARK, AND THE POINT
OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
CONTAINING 4,119 SQUARE FEET (0.095 ACRES), MORE OR LESS,
Site Name: Tamarac 4, FL SBA
Site No.: FL16942-S
EXHIBIT B
LEGAL DESCRIPTION OF THE PREMISES
A PORTION OF PARCEL P, "LYONS INDUSTRIAL PARK", ACCORDING TO
THE PLAT THEREOF AS RECORDED IN FLAT BOOK 71, PAGE 1 OF THE
PUBLIC RECORDS OF BRO'iWARD COUNTY, FLORIDA, BEING MORE
PARTICLILARLY DESCRIBED OF FOLLOWS -
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL P; THENCE
NORTH DOTI.37" WEST, ALONG THE 'WEST LINE OF SAID PARCEL P. A
DISTANCE OF 520.39 FEET; THENCE SOUTH 88759'0V EAST, ALONG A
LINE PARALLEL TO THE SOUTH LINE OF SAID PARCEL P, A DISTANCE
OF 418.70 FEET; THENCE SOUTH OO'O1'37" EAST, ALONG A LINE
PARALLEL TO SAID WEST LINE OF PARALLEL P. A DISTANCE OF 415-70
FEET TO THE POINT OF BEGINNING,
SAID LANDS SITUATE IN THE CITY OF TAMARAC. BROWARD COUNTY,
FLORIDA, AND CONTAIN 5-COI ACRES, MORE OR LESS,
Site Name: Tamarac 4, FL S B A ® 7
Site No.: FL16942-S