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City of Tamarac Resolution R-2017-113 (3)
Temp. 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 58TR STREET, TAMARAC, FLORIDA 33321 AT 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 57tt' 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 (5t") 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 (110) 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 A day of 41AI , , 2017. Y DRESSLER MAYOR ATTEST: PATRICIATEUtEL,f C CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN l DIST 4: VICE MAYOR PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM )4,0- AItlo7 SAAAUEL S. GOR CITY ATTORNE OPTION & LAND LEASE This 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 of7525 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/] 00 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 tcnns 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 ofthe 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. 'Me Security Deposit shall constitute an account payable by Lessor to Lessee within thirty (30) days following termination of this Lease to the extent, if my, that the Security Deposit has not been applied by Lessor as hereunder provided. IfLessee shall default with respect to my covenant, duty, or obligation ofLessee 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 ofany failure of Lessee to make my 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 my damage or release of any 00211122 - vl Site Name T—.ac 4, FL Site No.: FL16942-S 2/7/2017 indebtedness, and my claims ofLessor under this Lease not recovered in fall 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 my remaining portion thereof to the purchaser of the Premises (as defined below) shall release and relieve Lessor of my 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 58" 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 my description of the Premises set forth in Exhibit B as soon as it becomes available. In the event of my 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 I I of this Lease and for my other purpose with the Lessor's prior written consent which shall not be unreasonably withheld, conditioned or delayed. 3. Term. The initial term ofthis Lease will be five (5) yews (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 ofthe succeeding Renewal Term. 4. Rent. The rent for the Initial Tenn ofthis 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. Ifthe Initial Term or my 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 ofwhich is the number ofdays ofthe partial month included in the Initial Term or Renewal Term and the denominator ofwhich is the total number of days in the full calendar month. Beginning with the sixth (0) yew ofthis Lease and every fifth (5"') year thereafter, the then current monthly rental fee will be increased fifteen (15%) percent. Each such year shall commence on the corresponding anniversary ofthe Commencement Date (as defined below). Lessee is entitled to withhold payment ofRent 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.d) 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 (11) sublessee is no longer a tenant on the Leased Space, the second (2nl) sublessee who collocated on the Leased Space will take the place of diefirst(V) sublessee for purposes ofbeing excluded from the revenue sharing provisions ofthis section. 5. Ingress and Egress. Lessor hereby grants to Lessee easements (the "Easements") for ingress, egress, regress, and puking 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 Tenn or Renewal Term, or (ii) removal by Lessee of all of the Structures, and my other property from the Leased Space after expiration ofthe 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 my 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 casement 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 mother 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 interriipted, obstructed or materially affected; and (d) the utility services to the Leased Space we not interrupted. 6. Title and Ouiet 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 clew of all liens, encumbrances and restrictions of every kind and nature, except for those as set forth below: Name of Lien holder !ype 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 00211122 - vI Site Name: Tantarac, 4, Fl, Site No. FL16942-S quiet and peacefid possession ofthe Leased Space and the Easements throughout the Tem. 7. Subordination, Non -disturbance and Attornment. (a) Lessee agrees that this Lease will be subject and subordinate to my mortgages or deeds oftrust now or hereafter placed upon the Leased Space and to all modifications thereto, and to all present and future advances made with respect to my such mortgage or deed of trust; provided that, the holder ofany 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 my way increased or its rights diminished by the provisions ofthis paragraph. Lessee agrees to attorn to the mortgagee, trustee, or beneficiary under my such mortgage or deed of truist, and to the purchaser in a sale pursuant to the foreclosure thereof-, provided that, Lessees 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 conditionedupon receiptby 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 my future mortgages or deeds of tmst� of a Subordination, Non -disturbance and Attomment Agreement in form reasonably acceptable to Lessee, from my holder ofa mortgage, deed to secure debt, or deed oftrust 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 my of Lessor's assets. Should Lender exercise any rights ofLessee under this Lease, including the right to exercise my renewal option(s) or purchase option(s) set forth in this Lease, Lessor agrees to accept such exercise ofrights 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 my 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 thereofby Lenders within thirty (30) days after the expiration of my grace period provided to Lessee under this Lease to cure such default, prior to terminating this Lease. This Lease may not be amended in my 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 my bankmptcy 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 ofthe term ofthis Lease. In the event Lessor gives Lessee my notice ofdefault under the terms ofthis 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 ofthe Leased Space, the breach ofwhich 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 my 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 approval&/pemits 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. Ifand 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. Assienment 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 ofall liabilities and obligations under this Lease. Any transfer ofthis Lease by merger, consolidation or liquidation or my change in the ownership of, or power to vote, the majority of its outstanding voting stock shall not constitute an assignment for the purposes ofthis 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 my rights hereunder, or grant my interest in any portion of the Premises, except in connection with conveyance offee 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 ofthe notifying party, and will be deemed to have been effective upon delivery ifserved personally, including but not limited to delivery by messenger, overnight courier service or by 00211122 - v I Site Name: Tarnarac 4, FL Site No.: FL16942-S 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 ofTamarac, 7525 NW 88" Avenue Tamarac, FL 33321 Phone # - (954) 597-3500 Rent Payable to: City of Tamarac Atm.: Department of Financial Services 7525 NW 881h Avenue Tamarac, Florida 33065 To Lessee: SBA TOWERS IX. LLC 8051 Congress Avenue Boca Raton, FL 33487-1307 RE: Tamarac 4, FL/FL 1 6942-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 my notice ofdefault given to Lessee under the terms ofthis 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 my 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 ofcommunication signals, including, without limitation, radio frequency signals. Upon termination ofthis Lease, Lessee will, to the extent reasonable, restore the Leased Space to its original condition at the commencement ofthis 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 my cancellation of such policy. Lessor shall deliver to Lessee a 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 my damages arising from any cause covered by my insurance required to be carried by Lessee, or my 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 time 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 ofLessor'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 ofany cancellation ofsuch 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 my damages arising from my cause covered by my insurance required to be carried by Lessee, or my insurance actually carried by Lessee. The Lessee shall cause its instirer(s) to issue appropriate waiver of subrogation rights endorsements to all policies ofinsurance carried in connection with the Property 13. Operating Expenses. Lessee will pay for all water, gas, heat, ligh� 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 ofthe Leased Space, and including Lessee's improvements thereon. Lessor agrees to finnish proofofthe 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 equipmenL 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 my liability (including reimbursement of reasonable attorneys' 00211122 - v I Site Name Tianartic 4, FL Site No.: FL16942-S 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 my 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 we the result of, the willful misconduct or negligence ofLessor 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 my 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 firom, 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 wising out ofthe willful misconduct or negligence ofLessor or my of Lessor's agents, servants, employees, licensees or invitees. Except for willful misconduct, neither Lessor nor Lessee will in my 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 my 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 my person, destruction or damage to property, arising from or caused by the presence, in or about the Premises, ofany 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 my 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 offlie 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 Attornment 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 my representation or warranty contained herein is found to be untrue; (xi) the Leased Space is the subject of a condemnation proceeding or taking by a governmental authority, or quasi -governmental authority with the power of condemnation, or if the Leased Space is transferred in lieu of condemnation (rent will be abated during the period of condemnation ortaking); (xii)theuseofthe 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 my reason. In the event oftermination 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 my 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 my such clefault, and to the extent Lessee incurs my 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 my rent payable hereunder. (b) Lessor may terminate this Lease, at its option, in the event ofa 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 normonetary default or thirty (30) days for a monetary default, after Lessee's receipt ofivritten 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 ofthe 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 he�rem will apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. Further, this Lease will ran with the land and all subsequent purchasers will be subject to the terms and conditions specified herein. 19. Access to Leased Soace/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 rigbt-of-way extending from the newest accessible public right-of-way. 20. Governinz 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 ofthe parties shall be determined in accordance with the laws of Florida and that all disputes arising hereunder shall be 00211122 - v I Site Name T—wac 4, Fl, Site No.: FL16942-S heard and decided in Browwd County, Florida. 21. Entire Lease. All ofthe representations and obligations of the parties are contained herein, and no modification, waiver or amendment ofthis 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 ofthat party empowered by a written authority signed bythatparty. 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 my other provision or condition ofthis Lease. 22. Survey and Testin2. Lessee will have the right during the Term ofthis Lease (and the Option Period, ifapplicable) to survey, soil test, and make any other investigations necessary to determine if the surface and subsurface of the Leased Space we suitable for construction and operation of the Structures. If Lessee, prior to completion of the Structures determines that for my 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 Riplits. 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 my part thereof, now of record in the office of the County Clerk, provided, however, that my 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 ofthis 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, my material or substance which is (i) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or restricted hazardous waste" under my provision of state or local law, (ii) petroleum, (iii) asbestos, (iv) polychlorinated bipheryl, (v) radioactive material, (vi) designated as a "hazardous substance" pursuant to Section 311 ofthe Clem 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 Sect. (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 de rees 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, Ill 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 therenfis 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 my existing common law theory based on nuisance or strict liability. Ifany such representation is in any manner breached during the Term ofthis 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 my 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 wising from, and keep the Leased Space free of any lien imposed pursuant to, any Environmental Laws as a result ofa 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 Amy Corps ofEngineen 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 ofthis Lease. 25. Mechanic's and Landlord's Liens. Lessee will not cause any me6anic's or materialman's lien to be placed on the Leased Space and Lessee agrees to indemnify, defend and hold harmless Lessor from my such lien from a party claiming by, through or under Lessee. Additionally, Lessor disclaims and waives any now existing or hereafter wising 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 my 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 my lien shall at any time be filed against the Property, the Lessee shall promptly take and diligently pursue a cause ofaction to have the same discharged or to contest in good faith the mount or validity thereof and ifunsuccessfirl in such contest, to have the same discharged. Upon the Lessee's failure to do so, the Lessor, in addition to my 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. Headinzs. The headings ofsections and subsections are for convenient reference only and will not be deemed to limit, construe, Site Name: Tamarac 4, FL Site No.: FL16942-S affect, modify or alter the meaning ofthe 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 my party or circumstance will, to my extent, be invalid or unenforceable, the remainder ofthe section, subsection, term or provision ofthis 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 ofthis 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 ofthis Lease, each oftbe 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 my other agreement contained herein in the manner contemplated hereby 31. Ri2ht to ReEister 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 cenified 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 my ambiguities we to be resolved against the drafting party will not be employed in the interpretation of this Lease or ofany 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, fencingandany other improvements and forall ofLessee'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 ofthe 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 ofcondemnation during the Option Period or the Term ofthis Lease, Lessee shall have the option to either: (1) terminate this Lease; or (2) continue in possession ofthe property pursuant to the terms of this Lease with a proportionate reduction in Rent equal to that portion, if any, of the Leased Space so taken, condemned or transferred in lieu of condemnation. In either event, Lessee shall be entitled to my award based upon its leasehold interest COMMENCEMENT DATE: The date that Lessee exercises its in the portion ofthe Premises condemned, taken or transferred in lieu Option. 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 ofLessee'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 my losses or damages Lessee shall incur as a result of a condemnation. or sale in lieu of condemnation, oftbe whole or any portion ofthe Premises. 34. Field of First Refusal. Ifat anytime 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 ofthirty (30) days after receipt of Lessor's notice and terms to exercise Lessee's right of first refusal by notifying Lessor in writing. IfLessee 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 ofthis 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 oftbe Offer. 35. Prevailing Par . In the event that my 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 we to be performed within certain specified periods oftime which are determined by reference to the date of execution of this Lease. The parties therefore agree that wherever the term "date of cxccution of this Lcase," or words ofsimilar import we 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 time. 37. Third PartV 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 - vl Site Name: T—..c 4, FL Site No. � FL16942-S IN WITNESS WHEREOF, the parties hereto have executed this Lease on the last day and year specified below. LESSOR: CITY OF TAMARAC, LESSEE: SBA TOWE , LLC, a Florida municipal corporation a Delaware limited ' rlity company /fl) Print Name: M&eel C. 6fe V.e�.� Print Name: Alyssa Houlihan Title: C.i��/ /UGIVIQ�tr- Date: (J —� Witness: d�� ' A,� / Print Name: / IAl-f /y/ , Notary Public: nn� �11 I do hereby certify that CJ0.I7L� �t�l`>l/. , 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. n es my hand and seal this 1 day of ILN , 20A-�_. Notary Signature i+i:•'• LILUAN PABON *` Commission # FF 942161 g4 Expires December 12, 2019 /"ffl(„�••' 8 kA T. TM Fen Nvrana dlD,igS1019 00211122 - v 1 Site Name: Tamarac 4, FL Site No.: FL16942-S Title: Vice President, Site Leasing Date: (' I ZZ 1 zp rl Witness:^`�•�`�•�`�T Print Name: Andrea Reid -Gentles Witness: r Print Name: Graciela GOrTe 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 204. 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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 8859'Or EAST, ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID PARCEL P, A DISTANCE OF 418.70 FEET; THENCE SOUTH OOV1'37- 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. 00211122 - v1 Site Name: Tamarac 4, FL Site No.: FLI6942-S V 1 Initials: 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. JVendor 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: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 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 $1,00,000 $1,000,000 Workers' Compensation &Employer's Liability Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 0021/122 - vl Site Name: Tamarac 4, FL Site No.: FLI6942-S Page 1 of 3 12 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 Bests 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 liabllfly, Insurance ponies shall be endorsed to add the City of Tamarac as an "additional insured'. The Vendors Worker's Compensation carder 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 - v1 Site Name: Tamarac 4, FL Site No.: FL16942-S Page 2 of 3 EXHIBIT C (continued) INSURANCE REQUIREMENTS —NwcnYn ACORD CERTIFICATE OF LIABILITY INSURANCEI rMroucu TXI8 CERTIFICATE IS ISSUE" AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS CERTIFICATE DOES NOT AMEND E%TEND OR ALTER THE. COVERAGE AFFORDED BY THE POLIb ES BELOW. INSURERS AFFORDING COVERAGE YOUR COMPANY NAME HERE w6E c Companies providing coverage RM ReA0. TNF POI.ICIF.S OF INSURANCE DS1tU 4ELONNAVE BEEN ISSUED 17IXE INBUNEU NAVE" ABOVE FOR THE FOEICY REPo00INDIGIED. NDIW THBTANDING YREOUIRENENTTERMOHCONDmONOFANTCONTRACTOROHe DODUMEHTWTHREE—TTO-ICHTHISCERTIFICATEMAYBEISBUw OR _ FERTAIN THE INSURANCEAFFORDED BY THE FOLCIES DESCPoBED hEREIN IB SUBJECTTO ALL THE TERMS. E%CWSIONS AND CONONIoN6 of BUCH _jUSA1 E IIM: "S SNOVM W Y HAVE BEEN REDUCED SY FND CLANS CCN4[YUL O[NGRAL WBLITY W46NADE —URexs JCII OCCURRENCE Must Include General Liability DYIAOE U. uF DV IN,YBY APp4EE pF0.: UENt�A�iWTB �R� � pR00LcTe--No ADO 1 .—TY SAMPLE CERTIFICATE I - T�Iµ A� AV O �AxYAU'O _ OCCUR `-f1NY5 NAx FAONacC:.NRFNCF O E E �FOYCY VYH Certlfiwte must contain wording similar to what appears below 'THE CERTIFlCATE HOLDER IS NANEDAS ADDITIONALLY INSURED WITH REGARD TO GENERAL LIABILITY" WUURERTME CANCELLATION utBAW Or nIE AWVE oEecRMw wUMd B6 C.NNOlu[B eeroxE YXE uHMnox City of Tamarac � we IL 9P oAnwmTex 7525 NW 88th Avenue _ City Must Be Named as Certificate Holder "^ Tamarac FL 33321 ACORD 26-S (7N7; (DACORD CORPORATION 1S66 / Initials:` Initials: 00211122-v1 14 Site Name: Tamarac 4, FL Site No.: FL16942-S 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 day of , 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 , 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 581h 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: FL16942-5 SBA 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: FL16942-5 SBA® IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. WITNESSES: LESSOR: CITY OF TAMARAC Print: Title: C' N- I C A �e %:nL Date: ky_ 1 b y Tint Name N M P�1 `1 y Print Name STATE OF }',Zrj U q } } .ss: COUNTY OF 1 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the 1�¢_xC"ounty a oresaid, to take acknowledgments, personally appeared ` Nu( Lo,j y,Q 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 Q a d offi�ciaq%seal in the County and State last aforesaid the \9� day of 20'7Y� Sign Name: Print Name: Notary Public My Commission expires on: :ytk LILLIAN PABON Commission # FF 942161 ?} , Expires December 12, 2019 Bqq Thu T,Fr FY Luumx my 111 1 Site Name: Tamarac 4, FL Site No: FL16942-S SBA® WITNESSES: Andrea Reid -Gentles Print Name Graciela COrtes Print Name STATE OF FLORIDA } }.SS: COUNTY OF PALM BEACH } LESSEE: SBA TOWERS , LC, a Delaware limited liab'' company By: Print: Alyssa Its: Vice President, Site Leasing Date: & (ZZ I Zot') T 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. TNESS my hand and official seal in the County and State last aforesaid the rday of 2016. MARiOfllEh.rlvUY(;t. �'n * MYC0610SSION.;Fmp, Sign e: EXPIRES: Februarv-4 An 'oF�cRo Ban&dThrtEt�d�avr-� _. Print Name: Franco Notary Public LL My Commission Expires: ?o1a;'P'*c MAILIORIEA.FRmw MY 0041MISSION&FF084094 EXPIRES: Febmflry14, 2018 BudedTllmBudgetWryServices Site Name: Tamarac 4, FL Site No: FL16942-S sBA® 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 NWSTRIAL PARK VIA PUT BOOK 71, PAGE 1 a CANAL 4 NORTH LYONS IN PARK PUT BOOK 71, PAGE 1 LOT 1. BLOCK 5 y PAnENT P%F v SBA M WADE NON-EXCLUSIVE y zxio.T.) p LYONS INDUSTRIAL PARK • "W I: 11 L PUT BOOK 71, PACE 1 *I LOT 1, BLOCK 4- � su-c.)v- LYONS INDUSTRIAL PARK $ R1f w ut �raJY(0) � PUT BOOK 71,PACE I _ _ x1 gs 12 6� aK 4 s asn TM parp¢a nM®. ro' r�x v�xrn r,P. xu osm-wro CANAL g sc.c.Tr) xnwc _.y LXr) LYONS INDUSTRIAL PARK�r)w,NL.,,c fy�1v) iotl(r) icp(v) U.M. FL:M.. PUTT 3, LO PAGE 1 lBLOCK / BLOCK 1 I Lp7B• LOT 7, BLOCK 4 /Y 11a .ao ox[ ra rravo--tau s - LOT 5 LOT 4 BLOCK 4 , I � 1r[Asr ctlep ff w6aw BLOCK 4 5 Site Name: Tamarac 4, FL Site No: FL16942-S SBA 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 B. 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, SAO BLOCK 4 FOR 191.99 FEET; THENCE NORTH 8958'23' EAST FOR 125.69 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 8951'59' EAST FOR 23.00 FEET; THENCE SOUTH 00-08'01- WEST FOR 60.00 FEET; THENCE NORTH 8951'59' WEST FOR 23.00 FEET; THENCE NORTH DO'08'01' EAST FOR 60.00 FEET TO SAID PONT 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 BOO( 71. PAGE 1 OF THE PUSUC 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 8951'59' 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 HERON DESCRIBED 20 FOOT MADE NON—EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE SOUTH 8951'59' 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 0008'01- EAST ALONG SAID PARALLEL LINE FOR 137.00 FEET; THENCE SOUTH 89185'23' 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: FL16942-5 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 00'01'37' WEST, ALONG THE WEST LINE OF SAID PARCEL P. A DISTANCE OF 520.39 FEET: THENCE SOUTH 8839'06* 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. Site Name: Tamarac 4, FL Site No: FL16942-5 SBA® 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 day of 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 , 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 ® t 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: VP? 991, &610�wwpo�_ M--/ P Print Name Print Name STATE OF� U s ) (��� ����� } .ss: COUNTY OF Ste_) LESSOR: CITY OF TAMARAC, a Florida municipal corporation v y Print: A w( C- Cr i^e (— Title: Cjyc,,, _AAA- a --- Date: b l Z I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and Tn the Countyforesaid, to take acknowledgments, personally appeared lU e Q Q ► n e ,t r� , 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 Stlrtx� 201� /pp Sign Name` Print Name: Notary Public LILLIAN ABON 1 commission M FF 942161 9' a' Expires December 12, 2019 ,'•:% „lr.� eaa.enw nw f. M...w ero�+ors the County and State last aforesaid the � day My Commission expires on: Site Name: Tamarac 4, FL Site No.: FL16942-S SBA® 3 WITNE SES: LESSEE: SBA TOWER , LLC, xxe'" a Delaware limited li ' ity company Andrea Reid -Gentles / By: Print Nam Print: Alys iiF� Its: Vice Leasing Date: 4P (CORPORATE SEAL) Graciela 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. WITNESS my hand and official seal in the County and State last aforesaid the _2�ay of , 2016. MAR!OREASRANOU Sig Name: /� *MYCOMM18810I0171`084* EXPIRES: FeMaary 14, 201P Print Name: A Franco'?ocr�o�� BoodedThmBodgdNo"Servlce, otary Public My Commission Expires: 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 PLAT BOOK 71, PACE 1 3 CANAL � L�JK4 NONnt s LYONS INDUSTRIAL PARK PARENT PMC PLAT BOOK ]f, PAGE 1 P LOT 1, BLOCKS f; ssrau r4cam aoa xnt rvh �Bv Q SM 20'WDE NONEXCLUSIVE l awr-OF uc g S NW SWMM S�TREMu g> a1u.�SENENT T i(Q' y ygg PARK INDUSTRIALRK x N WiT t I I PUT BOOK 71. PAGE 1 LOT 1. BLOCK 4 l m ! a LYONS INDUSTRIAL PARK U PT BOOK 71, PACE 1 $ m x(n) x M%•�r 4 Axon ro• LOT 2. BLOCK 1 $ a xaxr vlarAx¢ m„x • vex 2 a m4x xv,n`"us°r4°rae4 ainn.""ic' CANAL =:2' E') xn'.w"""""`as m-mru snwTry LYONS INOUSTRUL PARK PLAT BOCK 7" PAGE 1 LOT S. BLOCK 4; 11na� 'arty) s rc Tar) FLOTma, - y LOT B, BLOCK 1 BLOCK LOT 7, BLOC( 4 LOT 9, BLOCK BLOC( 4 Site Name: Tamarac 4, FL S Bi>, 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 BOOT( 71, PAGE 1 OF THE PUBLIC RECORDS BROWARD COUNTY, FLORIDA. THENCE NORTH OOD1'37' WEST ALONG THE EAST LINE OF LOTS 2 AND 1. SAD BLOCK 4 FOR 191.99 FEET; THENCE NORTH 89*W23' EAST FOR 125.69 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89*51'59' EAST FOR 23.00 FEET; THENCE SOUTH 00'08'Ot' WEST FOR 60.DO FEET; THENCE NORTH 89'51'59' WEST FOR 23.00 FEET; THENCE NORTH 00'WOt' 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 B. 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 PARCEI, 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 WADE 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 OO108'01' EAST ALONG SAID PARALLEL LINE FOR 137.00 FEET; THENCE SOUTH 89135'23' 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 S BA ® 6 Site No.: FL16942-5 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 00'01'37' WEST, ALONG THE WEST LINE OF SAID PARCEL P. A DISTANCE OF 520.39 FEET; THENCE SOUTH 8859'06' EAST, ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID PARCEL P, A DISTANCE OF 418.70 FEET; THENCE SOUTH 00101'37' EAST, ALONG A LINE PARALLEL TO SAID WEST LINE OF PARALLEL P. A DISTANCE OF 41&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, FIL SBA ® 7 Site No.: FL16942-5