Loading...
HomeMy WebLinkAboutTR-12007 Exhibit 1.pdfCOMMUNICATIONS SITE LEASE AOREENTEN'T Q1L -UND) This Communications Site Lease Agreement(Ground) (",agreement") is entered into this —21 day of tJ',r' 2000, between I -irac Jewish Center, Inc., a Florida not -for -profit corporation with an office at 9101 NW 57th Strcct, Tamarac, FL 33351 ("Lcssor"), and de�.tel South Corp. a. Georgia corporation, d/bla Ncxtci C'ommunications..with an address of $51 Trafalgar Court, Suite 300.E, Maitland, FL 0 751 ("Lessee"). For good and valuable consideration the receipt and suffloiency of which is hereby acknowledged, the parties hereto agree as follows: I. Rgmises. Lessor is the owner of a parcel of land (the "Land") located in the City of Tamarac, County of Broward, Sta.tc of Florida commonly known as Temple Beth Torah/Tamarac Jewish Center- The Land is more particularly described in Exhibit A, annexed hereto. Lessor hereby leases to Lesscc and Lessee leases from Lessor, approximately seven-hundred-tvcnty (720) square feet of the Land and all access and utility easements, if any, (the "Premises") as described in Exhibit B annexed hereto. In addition, to the 720 square feet, Lessee shall plant and maintain a landscape buffer which shall surround and extend ten (10) feet from the boundary of the Prcmiscs, unless ;and until Lessor's future development of the Property requires the removal of such landscaping at which time Lessee shall be relieved of its obligation to maintain such landscaping, 2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor ac ees to cooperate udth Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessees intended use of the Prcmiscs. 3. Tests and Construction. Lessee shall have the right at any time following the full execution of this Agrccmcnt to enter upon the Land for the purpose of making appropriate engineering and boundary su; veys, inspections, soil test borings, other reasonably necessary tests and constructing the Lessee Facilities (as defined in Paragraph G(a) below), Lessee shall indemnify and hold Lessor harmless from and against any and all liability, damage, loss; costs or expense incurred or sustained by Lessor by virtue of the tests and inspections of Lessee, its agents, employees or contractors. 4. Term. The term of this Agreement shall be ten (10) years commencing upon construction of Lessee Facilities or One Hundred Eighty (180) days from full execution of this Agreement, whichever first occurs ("Commencement Date") and terminating on the tenth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided` in Paragraph 10, Lessee shall have the right to extend the Term for four (4) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term. unless Lessee notifies Lcssor of its intention not to renctiv prior to comrnenoement of the succccding Rcncwal Term. Notwithstanding anything above to the contrary, after the initial Terrn, Lessor shall have the right to terminate this Agreement upon one year prior written notice to Lesscc. 5. Rent_ (a) 'Within 15 days of the Commencement Date and on the frrst day of each month thereafter, Lessee shall pay to Lessor as rent Two Thousand and. 001100 DOLLARS ($2,000.00) per month ("`Rent") plus applicable sales taxes. Rcnt for any fractional month at the beginning or at the end of the Term or Renewal Terra shall be prorated. Rent sliall be payable to Lesser at `;t 101 N rthwcst 57,th Street. Tamarac, FL 3335 k Attention: Executive Director (b) On each anniversary of the Commencement Dam-, Rentt shall be increased by an amount equal to four percent (4%) of the Rcnt for the previous year. G, Facilities, Utilities: Access. (a) Lessee has the right to erect, maintain and operate on the Promises radio communications facilities, including without limitation, an antenna tower or pole and foundation, util.iry lines, transmission lines, air conditioned equipment shclter(s), electronic equipment, radio rra.ismitting and rccciving antennas, supporting equipment and structures thereto ("Lessee Facilities"), Prior to commencing construction, Lessee shall submit proposed plans and speoifioati.onr, which shall depict landscaping, for the Les -cc Facilities to Lcssor for Lcssor'~ approval, which shall not be unreasonably conditioned, delayed or withheld. In the event that Lessor ncithcr approve: nor rejects such plans and specifications within fifteen (15) business days after receipt. such plans and specifications shall be deemed approved, in connection therewith, Lessee has the Tight to do all work necessary to prepare, maintain and alter the Premises for Lessee's business operations and to install transmission lines connecting the antonnas to the transmitters and receivers. In addition to the foregoing, Lesscc shall plant and maintain a landscape buffer which shall surround and cxtcnd ton (10) feet from the boundary of the Premises, unless and until Lessor's future development of the Property requires the removal of such landscaping, at which titne Lessee shall be relieved of its obligation, to maintain such landscaping, All of Lessees construction and installation work shall be performed at Lessee's sole cost and expense and in a good and worlomnlike manner. Title to the Lessee Facilities shall be held by Lessee. All of ,Lessee Facilities shall remain Lessee's personal property and are not fixtures. Lessee shall remove all Lessee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement, provided, Lessee repairs any damage to the Premises caused by such removal. Upon termination of this Agreement, Lessee shall not be required to remove an), foundation more than three (,3) foot below grade level. (b) Lessee shall pay for the electricity it consumes in its operations, including the operation of the lights attached to tare antenna tower or pole, at the rate charged by the servicing uti?ity company. Lessee shall have the right to d;a%v elec:rricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land (including the right to bring a power generator for Lcsscc's exclusive use in the event of an emergency), Lessor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the. Premises, including the grant to Lessee or to the servicing utility company at no cost to the Lessee, of an easement in, over across or through the Land as required by such servicing utility company to provide utility services as provided herein, Any easement necessary for such power or other utilities will be at a location acceptable to Lessor and the servicing utility company, (c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor twenty-four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, .Guests and invitees, a non-cxclusivc right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B. (d) Lessor grants Lessee permission to construct anon -exclusive access road (the "Access Road') at least twelve feet wide, from the nearest public roadway, NNIV 57'h Street across the Land owned by Lessor, to the Prenuses, and as more fully described in Exhibit B. Lessor must approve the location and placement of the Access Road, which approval shall not be unreasonably %x•dthheld, delayed or conditioned. Lcsscc will maintain the Access Road at its sole c-Qaz and cxperosc except for damages resulting from use of the Access Road by t,mtipr, or its agents, employees, contractors, or invitees, the cost of which shall be Lessor's sole responsibility, Notwithstanding the foregoing; Lessor reserves the right to relocate the Access Road from time to time as deemed necessary, subject to Lessees approval, which approval shalt not be unreasonably withheld, delayed or conditioned. Lessor shall maintain all other access roadways from the nearest public roadway to the Land for Lcssec's non-exclusive use in a manner sufficient to allow pedestrian and vehicular access at all tirrics under normal wcat?hor conditions. Lessor shall maintain the: access roadways at its sole cost and expense except for damages resulting from use of the acccss:roadw?ys lacy Lessee or its agents, employees, contractors, or inttitccs. the cost RtMt;C.d taa.rao 08 24/2005 09: as 95a45201�` EISENSMITH PAGE U _;;' 11 Nlarkct.: South Florida Site No.: FL26UD Site Name: Tamarac Central of which shall be Lessee's sole responsibility, Notwithstanding the above, bkparties acknowledge that the Land is currently an undeveloped parcel of property and that Lessor contemplates a future development of the Land by Lcssor or LC550r'S lessees or licensees which may include the removal of the Access Road. Accordingly, Lessor shall have the right, upon 180 days prior wvrittdn notice, to relocate the Acc*s3 Road on the Sand, provided that Lessee has uninterrupted vehicular and pedestrian access to the Premises at all times. In the event of such future development of the Land, Lessee shall have non^exclusive use of any newly developed roadways or parking facilities on the Land. 7. T"terference. (a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other Icssces or licensees of the Land, provided that their installations predato that of the Lessee Facilities, All operations by Lessee shall be in compliance with all Federal Communications Commission ("FCC") requirements. fh1 Subsequent to the installation of the Lessee Facilities, Lessor shall not permit itself., its lessces or licensees to install new equipment on yr property contiguous thereto owned or controlled by Lessor, if suoh equipment is likely to cause intcrfcrcnce with Lessee's operations, .sr>erence shall be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps h,ecessary to eliminate such interference, in a reasonable timc period. S. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Lessor shall pay all real property taxes, assessments and deferred taxes on the Land. 9. Waiver of Lessor's Lien. (a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the same at any time without Lessor's consent. (b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Lessee Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures Or otherwise; and (iii) agrccs that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such .4•iiatcral may be rcmovcd at any time without recourse to legal proceedinfs. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either part), upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (1.0) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early terrnination to .Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lcsscc if it does not obtain or maintain, through no fault of Lessee, any license., permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lcsscc is unable to ocoupy and utilize the Prcmiscs due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Lcsscc if Lessee determines that the Prcmiscs arc not appropriate for its operations for economic or technological reasons, including, without limitation, signal intcrfcroncc. In the cvcnt that t r.ssec terminates this Lease for economic reasons pursuant to subparagraph (v), above, Lessee shall pay to Lcssor as liquidated damages an amount equal to six (6) months of the then current Rent, 11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-five (45) days following; the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. Lessee, at Lessee's sole cost and cxpcnsc, shall procure and maintain on the. Premises and on the Lessee Facilities, bodily iniury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars (S1,000,000.00) per occurrence. In addition, Lessee shall procure and maintain insurance under an umbrella policy with a lint of Thrcc Million and 00/101) Dollars ($3,000,000). Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of the Premises, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee Shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. On the fifth anniversary of the Corruncncement Date, and at the inception of each Renewal Term, Lessee shall, upon written request by, Lessor, increase the limit of such insurance coverage by not more than t.vent'y percent (20%). 13 INTENTIONALLY DELETED. .�ssigoment. and Subletting. Lcsscc may assign this Agreement or sublet or license the Premises or any portion thereof to an entity upon written notification to Lessor by Lessee, subject to the assignee assuming all of Lessee's obligations herein. Upon assignment or subletting". Lessee shall be relieved of all future performance, liabilities, and obligations under this Agreement. Lessee shall have the right to sublet this Agreement without Lessors consent. Lessor may assign this Agreement upon written notice to Lessee, subject to the assignee assumina ali of the Lessor's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Lessor's Lien") above. This Agreement shall run with the property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, lessee may assign, mortgage, pledge, hypothccate or otherwvise transfer wa�tlhout notice or Consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Lcsscc (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures; notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect Of guaranties thereof. 15. Warranty of Title and Ouiet EnLyment. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto and the Land is free and clear of all liens, encumbrances and restrictions except for that certain mortgage in favor of Washington Mutual Bank Recorded in Official Records Book 303 Page 263 of the Public Records of Broward County, Florida; (ii) Lessor has full right to make and perform this Agreement; and (iii) Lessor covenants and agrees with Lessee that upon Lcsscc paying the Rcnt and observing and performing all the terms, Covenants and conditions on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Prcmiscs. Lcssor agrees to indemnify and hold harmless Lessee from any and all claims on Lessee's leasehold interest, fir. Repairs. Lessee shall not be required to make any repairs -to the Premises or Land unless such repairs shall be necessitated by reason of the default or neglect of Lessee. Except as set forth in Paragraph 6(a,}.above, upon',expiration or termin aion hereof, Lessee shall restore the Premises to the condition inwhich it cxistcd upon execution hereof, reasonable wcar and tear and loss b_y casualty or other causes beyond Lessee's control excepted. 17. Hazardous Substances. Lessee agrees that it will not use; generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any lam, or regulation. Lessor rmprescnts, warrants and agree.s (1) that neither Lessor nor, to Lessor's kno xledge without independent verification, any third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any 7iCviscd ii'_a: CU u8r'24/2005 09:49 954462014` EISENSMITH FADE 641`11 Maricet.: South Florida Site No.: FL 2683 D Sitc Name: Tamarac Central Hazardous Material (defined below) on, under, about or within the Land in violation of any la\v or regulation, and (z) that Lessor will not, and will not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or tivithin the Land in violation of any law or rcgulation, Lessor and Lessee each agree to defend, indemnify and hold harmless the other and tht other's partners, affiliates, agents and employees against any and all Iosses, liabilities, claims and/or Costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or agreement contained in this paragraph. As used in this paragraph, "Hazardous 1Matcria.l" shall mean petroleum or any petroleum product, asbestos, any substance known by the statc in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or rcgulation, This paragraph shall survive the termination of this Agreement:, 'Lessee agrees to hnvQ a Phase I environmental assessment ("Phase l") prepared for the Premises. The Phasc I shall be ocrtified to Lessee ,and Lessor. In the event that the Phase I reveals any existing contamination on the Premises, Lessee may terminate this Agreement upon notice to Lessor. In the event that Lcssec elects not to terminate this Agreement, Lessor shall not be liable to Lessee for anyconditions on the Premises which were disclosed to Lessee in the Phase 1, 18. Miscellaneous, (a) This Agreement Constitutes the entire agreement and understanding between the partics, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amcndmcnts to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (c ) This Agreement shall be binding on and inure to the benetjt of the successors and permitted assignees of the respecrive parties. (d) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respcctivc partics set forth below: Lessor: Tamarac Jewish Center, Inc. 9101 NTW 57"' Street Tamarac, FL 33331 Lessee: NNcxtcl South Corp. 851 Trafalgar Court. Suite 300E Maitland, FL 32751 Atm.: Property Manager With apopy to: Ncxtcl Connmiunicarions, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Sixth Floor, Mail Stop 6E630 Attn; Sitc Lcasing Services, Contracts \tanager Lessor or Lessee may :from time to time designate any other address for this purpose by written notice to the other party, All notices hereunder shall be deemed received upon actual receipt, (e) This Agreement shall be governed by the laws of the State of Florida. (f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be rccordcd by Lessee in the official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to obtain and furnish to Lessee a non -disturbance and attornment instrument for each such mortgage Or deed of trust. (g) Lessee may obtain title insurance on its interest in the Land. Lessor shalt cooperate by cxccuting documentation required by the title insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be gives, under this Agreement, such parry shall not unreasonably delay or withhold its approval or consent. (i) All Riders and Exhibits annexed hereto form material parts of this Agreement. (j) This Agrccmcnt may be executed in duplicate counterparts, each ofwhich shall be deemed an original. (k) Lessee shall operate the Lessee Facilities in accordance with all applicable taws, rules and regulations including, without limitation, the Maximum P'ennissible Emissions standards, as amended from time to time, promulgated by the Federal Communications Commission or other applicable governmental agency. (1) 1n the event that another wireless communications carrier submits a request to Lessee to collocate on Lessee's tower, Lessee shall not unreasonably deny such request; provided, however, that Lessee reserves the right to charge such carrier a fair market rental rate for space on the tower and to require such carrier to enter into a lease or liccnsc agreement with Lessee which contains such terms, conditions and covenants as are reasonable and customary in the telecommunications industry, IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. LESSOR: Tamar c wish Czri-G, Inc„ a Flor�tla not -for -profit corporation t 3 i� Signed, scale a elivered in the presence of: witness Pri»t Name:'' Print Namc.i-ii irf 7rGOr1( <:,r�� C Title:' Primers: Print Name: 'v `� 'Tax C)_r=: 59-3405955 Revi3cd 0` /24/2005 09:49 954462014-m E I SEPdSM I TH P91:3E Fr5i 11 Market.: South Florida Site No.: FL2683D Site Name: Trtrnarac Central STATE OF FLORIDA CaTNTY OF I>/- Thee foregoing instrument was acknowledged before me this day of � �' tj� 2000. by C '+ 8,&/ -,,I Z , a5_ P APs of Tamarac Jewish Center, Inc., a Florida not -for -profit corporation, vrho is pergonally known to me or who has produced as identification and who did (did no take an oa`T '`~� WITNESS my hand atfof1 ,ff6ial seal, Notary public % 1. , �/ /.y.+- f '� �`� 'f`�,yf 4r �.'>'?i1• i'}'}7`'iiyi7'77 ii7 h'>l7``:77:'i Print Name J ; rr,' ucr, sef"tcy R" Eth �s Nots y P-_ b[ic, State of Florida .L My commission expires: 'r� = Co -minsir,;; vu. CC604(6 { •'OFe�-; ,,ll,,, t=o,'.m��s�i»t k.xp. 31r2S!^?)07 } 'f "�andcd Thcvagl: ^la. tiu:::ry Service f= Sdrrdir.8'-;'. }[ '1l.ly J,L:r.:?•'.Jr :�'i 1,rlt"t111.J.+.%JI.J.�.:31.IiJ.:I�. LESSEE: Signed, scaled and delivered in the presence off Print Name,. Wi to 0s Print Name: Lan STATE OF Gcorsia COUNTY OF e , Nextel South Carp., a Georgia corpor, ion d,bl, Ne:.el Co unicatians By: j f f f Print a John 'afar Title: Vice PrC5idcnt Tile foregoing instrument was acknowledged before me this day of _ i , c L t , 2000, by John Cafaro, as vice President of Ncxtel South Corp,, a Georgia corporation, d/b/a Nextel Communications personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. ,titi�t;lntrrrrr,y Notary -Public 4 Print Name004 : My commission cxPires; 1w:,". 4�0 Jai'`' �.= ,".,➢ ��``� F.cvisl-d 1.`24,00 08i 24; 2005 09: 49 954462014^ EISENSMITH PAGE 061' 11 Market.: South Pforida Site No.: FL2683D Site 1Namc! Tamarac. Central EXTIT131T A DESCRIPTION OF LAND to the ,AgreemCnt dated A4J&V75 r `Z-j , 2000, by and between Tamarac de.t ish Cenwr, Inc„ a Florida not -for -profit corporation as Lessor, and Nextel South Corp„ a Georgia corporation, d/b/a Nextol Communications as Lessee. The Land is described anchor depicted as follows (motcs and bounds description): :a<a!d 7, Block 4 of LIONS INDUSTRIAL PA`M, as recorded in Flat Book 71., Page 1, of the Public Records of County, Florida Intended to be the sane premises as conveyed, to lessor by Warranty Deed dated April 28, 1999 and recorded in the Official Records of Broward County, Florida under OIL hook 29421 Page 1232, R4vi, cd 112d1U01 08/24/2005 09:45 954462014R EISENSMITH PAC3E C1Tr'11 'vl'arkct.; South !'lorida Site No,: TL268:p Site Name: Tamarac Central ExiirwT B DESC}2rPTrii;V OF PREMISES to the Agreement dated AV&VS T ZI , 2000, by and between Tamarac ie-ish Centcr, inc„ a Florida nnf-for.proIt corporation as Lessor, and Ne.xtei South turn„ a Gcnraia corporation, d/Lila Ncxte.l Communications as Lesscc., The Premise; arc described and/or depicted ns follows: ��.� � T'r►�s`�, jet � i �,.,�, �,-�--- Notes: I ) This L`-xhibil may be replaced by a land survey Of the Prcmisrs once it is recciveti by Lessee. 2) Scthack cif the Premises from the Umd's boundaries shall be the disinnee required by the applicable governmental nuihorities. 3) Width of access rnatii shall tic the width required by the applicable governmental authorities, including police and fire departments. 4) The type, number and mounting positions anti locations of antennas and tnannsrni gion lines arc il'ustrativc only. Actual types, numbers, mounting nositions may vary from what is sho" above, Revised 1,18. 24r 200E 09:49 95446201dm EISE[,IS +1ITH Market,: South Florida Site No.: FI.26831S Site Name: Tamarac Central PREPARED B V: Hickman, Esq. South Corp. 201 Lucien Way, Suite 200 Maitland, FL 32751 RETLTRN TO: Property Manager Nextel South Corp, 851 Trafalgar Court, Suite 300E Maitland, FL 32751 EX HIBIT C ME 47MORANDUTI 1 OF AGREEIVIENT This Memorandum of Agreement is entered into on this __ day of , 2000, by and beuween Tamarac Jewish Center, Inc., a. Florida not -for -profit corporation, with an address at 9101 NW 57th Street, Tamarac, FL 33351 (hereinafter referred to as "Lessor") and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter rcfcrrcd to as "Lessee"). Lessor and Lessee entered into a Communications Site Lease Agreement (",Agreement") on the, _ day of 2000, for the purpose of instatling, operating and maintaining a radio communications facility and other improvements, Ali of the foregoing are set forth in the Agreement. The term of the Agreemtnt is for tcn (10) years commencing on , 2000 ("Commencement Date"), and tenninating on the fifth anniversary of the COMMenoement Date with four (4) successive five (5)-year options to renew. The Land which is the subject of the Agreement is in Broward County, Florida, described in Exhibic A annexed hereto. The portion of the Lard being leaser! to Lesscc (the "Premises") is described in Exhibit S annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. Signed, seated and dclivercd in the presence of: Witness Print Na Witness Print Name: STATE OF Fl ri a COUNTY Or LESSOR; Tamarac R:wish Center, Inc,, a Florida not -for -profit corporation Print Narne The foregoing instrument was acknowledged before me this day of 2000, by as of Tamarac Jewish Center, Inc., i,flori{a not4or-profit corporation, who is personally kno m to me or who has produced as identlficadi n and who did (did not) take an oath, iG7 TNESS my hand and official seal. Notary Public Print Name. My commission expires: (SIGNATURES CONTINUEiD OLN FOLLO- 'ING PAGE-) Rrtic�d 1 �400 08/ 2412905 09: 49 EISEN'=MITH F'--"' �._nE &9/11 Market.: South Florida Site No.: FL76830 Site Name: Tamarac Central Signed, sealed and delivered in the presence of: wilncss Print Namc, Witness Print Name,. LESSEE_ Ncxtel South Corp„ a Georgia corporation dlb/a Nextel Communications f � By Print Name; (ohn Cafaro Cide: Vice President STATE, OF Georkia COUNTY' O The forego"ing instrument was acknowiedged before me this day of 2000, by John Cafaro, as Vice President of Nextel South Corp,, a Georgia corporation, dlbla Nextel Communioations who is personally known to me or who has produced as identification and who did (did not) take an oath, WITNESS my hand and official seal. Narary Public Print Name My commission expires: Revised P24100 8 08/24/2005 09:49 95446201d0 EISENSMITH PAGE 10..11 Market,; South Florida Site No.: FL2643D Shc Name: Tamarac Central VI;EMOPLANDUM OF .4O'R.1;3✓NLE T EXHIBIT A DESCRIPTION OF LAND to the h-ltmorandum of Agreement dated 2000, by and between Tamarac Jewish Center, fno., a Florida not-for- c fpovi.tion as Lessor, and Ncxtel South Corp., a Georgia corporation. d,'liia Nextel Communications as Lessee. The Land is described and/or depicted as follows (rncws and bounds description): Lots 6 and 7, Block 4 of L%%ONS INDUSTRIAL PARK, as recorded in Flat Book 71., Page. 1. of the Public Records of Broward County, Florida Intended to be the same premises as conveyed to lessor, by Warranty Deed dated April 28,1999 and recorded in the Official Records of Broward County, Florida under OR )`gook 29421 Page `Iil'L Rcvisrd 1424100 88/24/2005 09:49 954462014" EISENSNIITH MaOW.: Swath Florida NO.: F1?ti831) e: Tamarac Central MF,NIQRANDUNI OF AGREEMENT EXHISTT E DESCR)PTION OF PREMISES to the MemorgrldOm of Agrecm(:nl dated 12000, by and bet,yeen Tam.nrnc ,ic,,vish ::'cater, Inc-, a Fjoride not -for - Profit corporation as Lessor, and Nexrel South Corp., tt Gcorgia oorpotvion, ft/a Nutel Communications as I.csscc.' irTIE Notes: 5) This Exhibit may be replaced by a land survey of the Premises onec it is received by Lrssea. G) Setback or the Premises tvom the Land's boundaries small be the distance required by the applicable governmental authorities. 7) Width ol'acccss road s11211 be the width required by the applicable govemmental authorities, including polict and Ore dcpartments. 8) The type, numtcr and moumirlg positions and locations pf antennas and transmission lines are illustrative only. Aalttal types, numbers, MIOL 671A jX*i(ion; May vilr • Crom what is shown above.