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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-188Temp. Reso #11039 September 11, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006--[?L5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH NEXTEL COMMUNICATIONS TO LEASE ADDITIONAL GROUND SPACE AT A COST OF $350 PER MONTH, FOR THE INSTALLATION OF A 60 KW PROPANE GENERATOR AT THE CELL TOWER SITE LOCATED AT THE SPORTS COMPLEX, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission passed resolution R00-276 approving a Site Lease Agreement with Nextel Communications on October 25"', 2000 providing for ground and tower space for cellular services at the Sports Complex; attached hereto as Exhibit 1; and WHEREAS, nine (9) foot by sixteen (16) foot of additional ground space is needed to install a 60 KW propane generator; and WHEREAS, this standby generator will allow Nextel Communications to continue to operate the cell site during unexpected power outages; and WHEREAS, Nextel Communications will pay $350 per month for the additional ground space, increasing the total annual lease payment for this site to $39,578; and WHEREAS, the Director of IT recommends approval of the amendment; and 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 authorize the appropriate City Officials to execute the First Amendment to Communications Site Lease Agreement with Nextel Communications to lease additional ground space at a cost of $350 per month, for the installation of a 60 KW propane generator at the cell tower site located at the Sports Complex, attached hereto as Exhibit 2. Temp. Reso #11039 September 11, 2006 Page 2 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. SECTION 2: The appropriate City Officials are hereby authorized to execute the First Amendment to the Communications Site Lease Agreement with Nextel Communications, attached hereto as Exhibit 2, providing for Nextel Communications to lease additional ground space at a cost of $350 per month for the installation of a 60KW propane generator at the cell tower site located at the Sports Complex, said site is more fully described in Exhibit A of FYhihit 9 1 SECTION 3: Appropriate City Officials are hereby authorized to sign all necessary permit applications on behalf of the City as owner so this amendment can be processed. SECTION 4: The payment for the additional space will be three hundred and fifty ($350) Dollars per month for a total of $39,578 in annual lease payments for Nextel Communications at this site, with 5% annual increases. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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. 1 1 1 Temp. Reso #11039 September 11, 2006 Page 3 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this I l day of OC;"UbC,( , 2006. ATTEST: MARION SWENS N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. C CITY ATTO is q q RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-276 Temp. Reso #9176 a n�10 10/18/00 Page 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH NEXTEL COMMUNICATIONS FOR THE INSTALLATION OF A TELECOMMUNICATIONS TOWER, ANTENNA AND ASSOCIATED EQUIPMENT AT THE TAMARAC SPORTS COMPLEX; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO SIGN ALL NECESSARY PERMIT APPLICATIONS ON BEHALF OF THE CITY AS OWNER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE -DATE. WHEREAS, Nextel Communications requested a lease agreement for the installation of a telecommunications tower, antenna and associated equipment at the City's Tamarac Sports Complex; and WHEREAS, additional telecommunications antennas in the City will enhance the quality of wireless telephone reception; and WHEREAS, Nextel Communications will relocate the City's lights to the new seventy foot tower; and WHEREAS, the Director of Information Technology and Assistant City Manager recommend approval of the agreement; and WHEREAS, it is the City Manager's recommendation to execute the agreement; and L Temp. Reso #9176 18/1 am- A 1 Q/18/00 Page 2 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 authorize the appropriate City Officials to execute an agreement with Nextel Communications for the installation of a telecommunications tower, antenna and associated equipment, as well as the relocation of the City's existing field lights to the new tower. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1Z. : 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. SECTION 2: The City Commission authorizes the appropriate City Officials to execute an agreement with Nextel Communications (attached hereto as "Exhibit 1") forthe installation of a telecommunications tower, antenna and associated equipment, as well as the relocation of the City's existing field lights to the new tower. SECTION 3: Appropriate City Officials are authorized to sign all necessary permit applications on behalf of the City as owner so this proposal can be processed. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso #9176 �AA 10/18/00 Page 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 25th day of October, 2000. JOE SCHREIBER Mayor ATTEST: MARION SWENSON, CMC City Clerk I HEREBY CERTIFY that I have Market: South.Florida Site No.: FL3674-B Site Name: West Tan am PREPARED BY: Paula Hickman, Esq. Nextel South Corp. 2201 Lucien Way, Suite 200 Maitland, FL 32751 RETURN TO: Property Manager Nextel South Corp. 851 Trafalgar Court, Suite 300E Mamorld, FL 3"51 This Memorandum of Agreement is entered into on this day of , 2000, by and between THE Cl'1Y OF TAMARAC, a Florida municipal corporation (hereinafter referred to as "Landlord") 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 referred to as "Tenant"). Landlord and Tenant entered into a Site Lease Agreement ("Agreement") on the edy of _/�F./^ � _ . 2000, for the purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. The term of the Lease is for five (5) years commencing on ©�fI"�t✓ 2000, ("Execution Date') and terminating at Midnight on the day before the fifth anniversary of the Execution Date with for A) successive five (5) year options to renew. The Land which is the subject of the Agreement is in Broward County, Florida, described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. ATTEST: , Mariam Swenson, CMC, City Clerk Date: 6 LANDLORD: J e hreiber, Mayor Date: A Jeffrey L. illc , ity Manager Date: QQ (SIGNATURES CONTINUED ON FOLLOWING PAGE) Market: South f Imida Site No.: FL.3694-B Site Name: West Tamarac STATE OF COUNTY OF The foregoing instrument was acknowledged before me this dAf ay of _ If. J-C , 2000, by Joe Schreiber AND Jeffrey L. Miller, as Mayor and City Manager, respectively, of the City of Tamarac, a Florida municipal corporation, who are personally known to me orboveTroduced (did not) take an oath. WITNESS my hand and official seal. - Notarylic MoE- A - Print Name rs.io�3 My commission expires: Sign led and delivered in t e p"cc of Witness Print Namc:0 Witness go i�z/s Print Name; G STATE OF e3 Us) a COUNTYa ORICIALMARWI JUNK A WHITE 1... ARY PUBLIC STAIROF FLORMA COMM3%0N 1 M OC175 X MY COMMISSION laxl! SEPT 1s TENANT Nextel South Corp., a Georgia corporation, d/h/a N 1 CommunicationsBy: Pri Title: Vice President The foregoing instrument was acknowledged before me this„ 1 U day of O L %Pr , 2000, by John Cafaao, as Vice President of Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is persquWjXjgjZvn to me or who has produced as identification and who did (dkLnQ0 take an oath. WITNESS my hand and official seal. Notdry /'1n a IF E r Pi N / I) bM C�C0& Print Name My commission expires: 00" Madm: Site NO.: FL3674-8 Site Na7ae: West Tamarm DESCMMON OF LAND to the MEmotandum of Agmcnxnt dated �a , 2000, by and between THE CITY OF TAMARA.C, as Landlord, and Nextel South Corp., a Georgia corporation, Win Nextel CumEmmicaEtions as Tenant. The land is described and/or depicted as follows A P(1NTIOn OF SECTION 6. TO&HSHIP 49 SOUTn. RANGE +! (AFT, SPOWANO CpwITY. F&ON1UA AND TO441IE11 &ITN A PORTION OF FLORIDA FRUIT LANDS COMPANY sue. 111VISION ND_ 2 OF SaCTIOI, G. TOWNSHIP ►9 SOUTH, RAM46 61 EAST ACCORDING TO T-A! PLAT TNERBOF. AS RECORDED IN PLAT BOOK 1. PA49 109 OF, 7H9 PUBLIC R[CQROa OF PALM BEACH COUNTY, FLOAIDA. OBTNG MOR6 FULLY OBSCRISCO AS FOLLOWS. COMMENCING AT THE NOIITNBA&V CDRMBR OF SAID SECTION *a THENCE S gtl•06'•a•• E, ALONG THE EAST LINE OF SAID 51CTIOH S. A DISTANCE OF 3074.60 FEET TO THE Pot, OF Da01MNING& 7H[NCE S 60'29'53 " E. A DISTANCE OF S4,S3 FEET, THENCE 5 40-27 EE " B. A DISTANCE OF $75.19 FEET, THLHC[ S 08'3E'EE " W. A DISTANCE OF 336.0 FELT TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE NADIUS POINT BEARS. N 69'32'22 " E. PROM Tn[ LAST DESCRIBED POINT, THENCE WESTERLY AND MORTHMLY. ALONG THE ARC OF SAID CURVE HAVIN4 A RADIUS OF 1609.0 F[!T. AM ARC DISTANCE OF 46.10 FEET TO THE POINT TITS TARGaNCY, THENCE N 79'SO' 6+ " 9. A pIa TANCE OF 011.66 FEET TO AN INTERSECTION WITH THE ARC OF A C1RCV� LAN CURVE TO THE RIGHT. WHOSE RADIUS POINT DEANE 5 76'SL'09 " E. FROM THE LAS DE%C11I8E0 POINT, TMIHCS NORTHERLY AND EASTERLY. ALONG THE AMC OF SAID CURVE OF ING TAW A pADIV$ OF 2341.00 FEET, AN ANC DISTANCE tlF i6E.S3 FEET Ytl THE POINT OF TwNalMCY, THENCE N E9'30.07" E. A DISTANCE STANCE OF 34E.T6 F[ET, THENCE S 60• 29'S3" E. A OISTAMCE OF 636.E4 FEET TO THE POINT OF B[4INNINo. CONTAINING 14.119 ACRES. RORK an LESS. S%TV LAND SITUATE. LYING AND BEING IN'OROWARO COUNTY, FLOAIQA. A A,NI.:ON OF SECTION 6. TOWNSHIP 49 SOUTH, RANGE Ai EAST, BRD&AND�CuuH'rY, i._1M I1,A AND TDG[T1EN rITH A PORTION OF FLORIDA FRUIT LANDS COMPANY SUB. U:VIOIUN M0. 2 OF SECTION S. ToWNemip 49 SOUTH. RANGE 41 CAST ACCORDING iN T,.0 PLAT TmCRIW. All RECORDED IN PLAT BOOR 1, PAGE l6E OF THE P,A.LIC t9call11a QF %ALM BEACH COUNTY. FLORIDA. 62ING NOMA FULLY OESCRIEED A5 FOLLOWS, CO —?NC ISO AT THB NORTHEAST CORNER OF SAID SECTION 61 T/1SNCL 5 09106,44.. E. ALDN11 T1.a CAST LINE OF SAID S[CTIRN 6. A DISTANCO OF 3367.1E FEET TO T1.E POINT NF 044106N N1NG, THEn" N 40'27.22•' E, A DISTANCE of 72,00 FEET& 7HENCa S 12*6 E6" E. A DISTANCE OF 746.82 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT DEARS N I2'60`25 " 11. PNON T..[ LAST 0 SCRIDED POINTS THENCE SOUTHERLY A" WESTERLY. ALONG THE AMC OF SAID CUNWE. nAVING A RADIUS Op 1600.00 FEET. AN ARC DISTANCE OF 697.03 PEST•$ THaNC[ R 06'32'11" E. A DISTANCE OF 336.o0 FACT, TnEHCE N 40'21'22 " E. A JISTANCE OP $02.20 FEET TO THE POINT OF BEGINNING. CONTAINING 6.661 ACRES. NORE OR LESS, SAID LAND SITUATE, LYING AND 8EI46 1N BROWARO COUNTY, FLORIDA. Market: South F Site No.: FL367e-B Siw Name: West Tamarac DESCRIPTION OF PREMISES to the Memorandum of Apee =t dated � � �`� 2000, by and between THE CITY OF TAMARAC as Landlord, and Nextel South Corp., a Georgia corporation, We Nextel Cotmttuni etions as Tenant. The Nextel Premises consists of approxirtrstely 600 square feet that includes but is not limited to shelter space, Ndama space, C"eMCMU, and mhle runs which is described and/or depicted as follows: HogfH A~Aogp t3 or -re sca44 r ar►fnra if S%KIs P�/ntm nllt�p WAL /YEfA 'Rt.' x ♦4' fM�AM1 O1M+1�1#dtNEf *6� a:M ► om U Mi' $;" YC 'ti�frllitiT 9[171IR • au�n. i�u�nr tlR► aurrq Mom Now S tn�.. fir..., y7Y HAW ►tts. � I � 2e'e°' 17 twee rtsti Una Use ow Pitt" 4 i Cell Site: FL3674B West Tamarac State: Florida County: Broward Market. South Florida Site Name: West Tamarac Site Number: FL 3674B SITE LEASE AGREEMENT THIS Lease is dated and entered into on V 4 , 2000 ("Execution Date") between THE CITY OF TAMARAC, a Florida municipal corporation ("Landlord"), and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications ("Tenant").. 1. Les 9d PrOuffbLa—nd— Permitted Uses. Landlord hereby leases to Tenant a 22 foot by 40 foot section (the "Ground Space") of certain real property (the "Property") shown by sketch and legal description on Exhibit "A" attached hereto, having a street address of 9101 NW 77th Street, Tamarac, Florida 33321_ It is understood that Tenant intends to occupy exclusive space at the 65 foot level (the "Tower Space") on the Tower (as defined below) to be constructed on the Property, Landlord further grants to Tenant for the term of the Lease, a non-exclusive easement (the "Easement") upon adjoining property owned by Landlord for the purposes of pedestrian and vehicular ingress and egress to and from an open and improved public road and for the installation and operation of utilities servicing the Property and for the construction and maintenance of all improvements thereon (the location of the Easement is also shown on Exhibit "A"). The Ground Space, the Tower Space and the Easement are collectively referred to as the "Leased Property." The Leased Property may be used for (i) the transmission and reception of communication signals, (ii) the construction, alteration, maintenance, repair, replacement and relocation of related facilities, towers, antennas, equipment and buildings, and (iii) activities related to any of the foregoing (collectively, the "Tenant's Permitted Use"). Landlord acknowledges that Tenant will be constructing a telecommunications monopole on the Property at a height of 70 feet above ground level (the "Tower"). It is understood and agreed that the Tower will be designed so that it will accomnwdate the antennas and equipment of Tenant, and one (1) additional wireless carrier ("Third Patty Carrier") and the reinstallation of City's field lights that are currently installed on a light pole on the Leased Property. Tenant will reinstall the existing field lights on the new tower and ensure that it operates as required. Upon completion of installation, title to the Tower shall immediately vest in Landlord free and clear of any liens or other encumbrances and title shall remain thereafter with Landlord and become a part of, and affixed to, the real estate. Thereafter, Tenant shall be relieved of any and all responsibilities and obligations in connection with the Tower. Tenant's antenna facilities will not interfere with the operation of the field lights. Within sixty (60) days following the completion of the Tower, Tenant shall provide Landlord with a written statement which sets forth all of the costs and expenses incurred by Tenant in connection with the design and construction of the Tower, including all legal fees, engineering fees, zoning consulting fees and similar professional fees (such costs and expenses are collectively referred to as "Site Development Costs"). Landlord shall have the exclusive tight to penrnit a Third Party Carrier to collocate its antennas and related equipment (collectively, "Third Party Equipment") on the Tower; provided, however, that (a) Landlord shall provide Tenant not less than thirty (30) days prior written notice of its intention to permit such Third Party Carrier to collocate the Third Party Equipment, (b) there shall be at least a twenty (20) foot vertical separation between the Third Party Equipment and Tenant's Antenna Facilities on the Tower, (c) if the Third Party Carrier desires to install Third Party Equipment below the 65 foot level of the Tower, then Tenant shall have the option to relocate its Antenna Facilities to such lower level, and the Third Party Carrier will then install the Third Party Equipment at least twenty (20) feet above Tenant's Antenna Facilities based on the twenty (20) foot vertical separation requirements, (d) the Third Party Equipment will be installed at a time, in a manner, reasonably acceptable to Tenant, (e) Landlord shall Iease ground space to the Third Party Carrier for the construction and operation of the Third Party Carrier's equipment shelter pursuant to a separate lease agreement between Landlord and the Third Party Carrier, and (f) the Third Patty Carrier shall pay to Tenant fifty percent (50%) of the Site Development Costs prior to installing any Third Party Equipment on the Tower, it being understood and agreed that once such costs are received by Tenant, Cell Site; FL3674B West Tamarac State: Florida County: Broward Market: South Florida Site Name: West Tamarac Site Number: FL 3674B then Tenant shall not have the night to collect any additional percentage of Site Development Costs from any subsequent Third Party Carrier that collocates Third Patty Equipment on the Tower. 2. Initial Term. The initial term of this Lease shall be 5 years, cornmencing on the Execution Date. The initial term of this Lease shall expire at Midnight on the day before the 5th anniversary of the Execution Date. 3. Renewal Terms. This Lease shall automatically renew for 4 additional five-year terms (each being a "Renewal Term"), unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Lease at least 60 days prior to the expiration of the initial tern or any Renewal Term. 4. Rent. Within thirty (30) days of the date on which Tenant obtains its building permit for the commencement of construction of Tenant's Antenna Facilities, as hereinafter defined (the "Construction Commencement Date"), Tenant shall pay to Landlord the sum of Twenty -Six Thousand Four Hundred Dollars per year ($26,400) ("Rent"). Rent shall be payable within 30 days following each anniversary of the Construction Commencement Date (each such anniversary being referred to as an "Anniversary Date") to Landlord at City of Tamarac, 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401, Attention: Finance Department. Landlord will provide the requisite information for Tenant to pay Rent by direct deposit to Landlord's bank, but the implementation of the direct deposit system shall be at Tenant's sole option and expense. On each Anniversary Date, Rent shall be increased to an amount equal to one hundred five percent (105%) of the annual Rent for the last twelve-month period ina, diately prior to the adjustment (exclusive of sales tax). If this Lease is terminated on a day other than the Anniversary Date, then Rent shall be prorated as of the date of termination, and in the event of termination for any reason other than nonpayment of Rent, all prepaid Rent shall be promptly refunded to Tenant. 5. Due Dl iMce Period, For 90 days from the Execution Date, Tenant and its agents, engineers, surveyors and other representatives shall have the right to enter upon the Property to conduct geological or engineering tests, apply for and obtain applicable governmental permits and approvals, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary to determine the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense ("Due Diligence Period"). Tenant shall not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. If, in the sole and absolute opinion of Tenant, the Property is not suitable for Tenant's intended use, or Tenant determines that the operation of a communications facility on or within the Property would not be in Tenant's best interest, Tenant shall have the right at any time prior to the expiration of the Due Diligence Period to terminate this Lease by sending written notice of termination to Landlord. 'Thereafter, neither Landlord nor Tenant shall have any further obligation or liability under this Lease except as otherwise provided herein. Interference„ A. Tenant shall not use the Property in any way that interferes with the use of the Property by Landlord, or by tenants or tenants of Landlord holding rights to the Property on the Construction Commencement Date of this Lease; provided, however, that Landlord hereby acknowledges that Tenant's use of the Property for Tenant's Permitted Use shall not constitute an impermissible interference by Tenant. Furthermore, Tenant shall operate the Antenna Facilities in a manner that will not cause interference to Landlord and other tenants or licensees of the Property. Landlord shall be able to terminate this Lease if Tenant's Antenna Facilities interferes with Landlord's equipment or interferes with any other third -party tenant or their equipntertt, provided that such third - parry's equipment is installed as of the Construction Commencement Date, and provided that Tenant has been unable } Cell Site: FL3674B West Tamarac State: Florida County: Broward Market: South Florida Site Name: West Tamarac Site Number: FL 3674B to eliminate such interference within thirty (30) days after notice of such interference from Landlord. If Landlord terminates this Lease pursuant to this Section, Tenant shall remove immediately its equipment from the Property. All operations by Tenant shall be in, compliance with all Federal Communications Commission requirements. B. Subsequent to the Execution Date, Landlord shall not, and shall not permit its tenants or licensees to, install new equipment on the Property or property contiguous thereto owned or controlled by Landlord, if such equipment is likely to cause interference with Tenant's operations. Such interference shall be deemed a material breach by Landlord. In the event interference occurs, Landlord shall, upon being advised of such interference by the Tenant, notify the third party of such interference. In the event Landlord fails to comply with this paragraph, Tenant may terminate this Lease and/or pursue any other remedies available under this Lease, at law, and/or at equity. ,,PT2'rl4j.iM1 _TX1IlTfi1!' A. In addition to constructing the Tower, Tenant shall have the right, at its expense, to install, construct, maintain, modify, supplement, replace and upgrade a communications facility on the Property, which may include radio transmitting and receiving antennas, equipment shelters and other improvements relating thereto (collectively the "Antenna Facilities") provided that the space of the equipment and the space occupied remains the same or less. It is understood and agreed that the term Antenna Facilities shall not include the Tower and the foundation of the Tower. All work by Tenant shall be performed in compliance with applicable laws and ordinances. Tenant is not authorized to contract for or on behalf of Landlord for work on, or the furnishing of materials to, the Property or any other part of the Property, and Tenant shall discharge of record by payment, bond or otherwise, within 10 days subsequent to the date of its receipt of notice thereof from Landlord, any mechanic's or construction liens filed against the Property for work or materials claimed to have been Ai nished at the instance of Tenant. B. Tenant shall, at Tenant's expense, keep and maintain the Leased Property in commercially reasonable condition and repair during the term of this Lease. The Antenna Facilities shall remain the exclusive property of Tenant, and Tenant shall have the right to remove all or any portion of the Antenna Facilities at any time during the term of this Lease. Within a reasonable period following the expiration of the term of this Lease (as such term may be renewed from time to time in accordance with Section 3 above), Tenant shall (i) remove the Antenna Facilities and return the Leased Property to Landlord in visibly the condition existing as of the Execution Date, reasonable wear and tear excepted. C. Tenant shall, at Tenant's expense, cause the utilities servicing the Antenna Facilities to be separately metered. Further, Tenant shall have the right, at Tenant's expense, to install or inTrove utilities serving the Property (including, but not limited to, the installation of emergency power generators). D. Landlord shall provide Tenant with 24 hour, 7-day per week access to the Property for the installation, maintenance and operation of the Antenna Facilities and any utilities serving the Property. S. Term_1naPion. This Lease may be terminated, without any penalty or further liability, as follows: A. by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within 15 days after Tenant's receipt of written notice of default from Landlord; B. by either party if the other party defaults (other than a default desenbed in Section & A above) and fails to cure such default within 30 days after written notice of such default is received by the defaulting party from the non -defaulting party, provided, however, that if such default is capable of being cured, but not within b. Cell Site: FL3674B West Tamarac State: Florida County: Broward Market: South Florida Site Name: West Tamarac Site Number. FL 3674E such 30-day period, this Lease may not be terminated so long as the defaulting party commences appropriate curative action within such 30-day period and thereafter diligently prosecutes such cure to completion as promptly as possible; C. by Tenant on 30 days prior written notice if it is unable to obtain, maintain or otherwise forfeits or cancels any license, permit or governmental approval necessary for the construction or operation of the Antenna Facilities or Tenant's actual or intended use of the Property, or Tenant determines that it would be commercially unreasonable to obtain or maintain the same; and D. by Tenant on 30 days prior written notice if Tenant determines, in its reasonable discretion exercised in good faith, that based on (i) technology, (ii) interference with use of the Property resulting from the acts of any third party, an act of God or from other natural forces or (iii) changes in system design or system usage patterns, Tenant's use of the Antenna Facilities (as the same may have been modified from time to time) is no longer consistent with the optimal operation of Tenant's communication system or such continued use would be commercially unreasonable. Casualty andudemnation. A. If any part of the Antenna Facilities is damaged by fire or other casualty so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable manner, then Tenant may terminate this Lease by providing written notice to Landlord, which termination shall be effective as of the date of such damage and/or destruction. Upon such termination, Tenant shall be entitled to collect all insurance proceeds payable on account thereof and to be reimbursed for any prepaid Rent. B. If any part of the Property or the Antenna Facilities is taken by eminent domain, or by a deed in lieu of condemnation, so as to prevent the continuation of Tenant's Permitted Use in a commercially reasonable manner, then Tenant may terminate this Lease by providing written notice to Landlord, which termination shall be effective as of the date of the vesting of title in such taking. Upon such termination, Tenant shall be entitled to be reimbursed for any prepaid rent. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to any taking by eminent domain. 10. Tries. Tenant shall pay to Landlord any applicable sales tax on the Rent, and Landlord shall be responsible for rernitting such tax to the appropriate government entities. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Landlord's Federal Tax ID # is 59-1039552 11. Insurance and Subrogation. Tenant will provide Commercial General Liability Insurance in an aggregate amount of $1,000,000 and name Landlord as an additional insured. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. Each party shall obtain from its insurers under all policies of fire, theft and other casualty insurance covering the Property or any portion thereof, improvements thereon or operations therein, a waiver of all rights of subrogation which the insurer might have against the other party, and each party shall indemnify the other party against any loss or expense, including reasonable attorney's fees, resulting from the failure to obtain such waiver. 12. Hold Harmless. Tenant shall indemnify, defend and hold Landlord harmless from and against injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable 4 Cell Site: FL3674B West Tamarac Market: South Florida State: Florida Site Name. West Tamarac County: Broward Site Number: FL 3674E attorneys' fees and court costs) arising from the installation, use, maintenance, repair or removal of the Antenna Facilities or the breach of this Lease, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. 13. Notices. All notices, requests, demands and other communications hereunder writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: To Landlord. City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 ATTN: City Manager With a copy to: City of Ta21ffiraC 7525 N.W. 88ie Avenue Tamarac, Florida 33321-2401 ATTN: City Attorney To Tenant: Nextel South Corp. 851 Trafalgar Court, Suite 300E Maitland, FL 32751 Attn: Property Manager With a copy to: Nextel Comnnrnications, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Sixth Floor, Mail Stop 6E630 Attn: Site Leasing Services, Contracts Manager 14. ui!d EnjoymeniL Litle and AlllhoritLlandlord covenants and warrants that (i) it has full right, power and authority to execute this Lease and has the power to grant all rights hereunder; (ii) it has good, marketable and unencumbered title to the Property free and clear of any liens, mortgages, restrictions or other encumbrances that will interfere with Tenant's Permitted Use; (iii) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, Lease or other agreement binding on Landlord; (iv) Tenant shall have the quiet enjoyment of the Property, and Tenant shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period; and (v) if the Property is encumbered by a deed to secure debt, mortgage or other security interest, Landlord will use its best efforts to provide promptly to Tenant a fully signed Subordination, Non -Disturbance and Attornment Agreement in a form acceptable to Tenant. 15. Environmental Laws. As used herein, the term "Environmental Laws" shall mean any and all local, state or federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used herein, the term "Hazardous Substance- shall mean any toxic or hazardous waste or substance (including, without limitation, asbestos and petroleum products) that is regulated by Environmental Laws, Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws. Landlord represents, warrants and agrees that it has in the past Cell Site: FL3674B West Tamarac Market: South Florida State: Florida Site Name: West Tamarac County: Broward Site Number: FL 3674B and will in the future conduct its activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of any Hazardous Substance as of the date of this Lease. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law of, all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Property or surrounding property owned by Landlord. 16. Assignment and Subleasing. Tenant may not assign, or otherwise transfer all or any part of its interest in this Lease or in the Property without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in Paragraph 18 below. Landlord may assign this Lease upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 18 below. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (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. 17. Successors and Assigns. This Lease shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 18. Landlord's Lien. (a) Landlord waives any lien rights it may have concerning the Antenna Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Antenna 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, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees 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 Collateral may be removed at any time without recourse to legal proceedings. 19. Miscellaneous: A. Each party agrees to furnish to the other, within 45 days after request (subject to City Commission scheduling), such truthful estoppel information as the other may reasonably request. Furthermore, each parry shall cooperate in executing any other documents (including a Memorandum of Lease, easement agreement, or both) necessary to protect a parry's rights hereunder. Neither party shall record this ,Lease, but may record the aforementioned Memorandum of Lease. B. Each party represented in this transaction by a broker, agent or commission salesperson shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such person, and shall indemnify and hold the other party ham -less from and against any claims arising in connection therewith. Cell Site: FL3674B West Tamarac Market: South Florida State. Florida Site Name: West Tamarac County: Broward Site Number. FL 3674B C. Without limiting the terms of Section 8, if either party fails to perform a "material obligation' under this Lease within 30 days after receiving written notice from the other party, the party that delivers such notice may perform such obligation or take other appropriate curative action on behalf and at the expense of the nonperforming party. If the curative action is taken by Tenant, the expenses may be offset against the next payment(s) of Rent. If the curative action is taken by Landlord, the expenses shall be paid by Tenant together with the next payment of Rent. D. The parties acknowledge that a substantial portion of negotiations and anticipated performance and execution of this Lease occurred or shall occur in the State of Florida. Any civil action or legal proceeding arising out of or relating to this Lease shall be brought in the Circuit Court of the State of Florida in Broward County. Each party consents to the jurisdiction of such court in any civil action or legal proceeding, and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be effected on such party by mail, as provided in this Lease, or in such other rcanner as way be provided under applicable laws, rules of procedure or local rules. E. This Lease constitutes the entire agreement and understanding of the patties with respect to the Property and subject matter hereof, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Lease must be in writing and executed by both patties. F. In accordance with Florida law, the following notice is hereby given to Tenant: "RADON RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITY, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT". The undersigned Tenant acknowledges having read the foregoing notification, and has executed this Lease fully aware of the aforementioned conditions. 20. Yenue. This agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Sroward County, Florida. Wherefore, the parties hereby enter into this Lease as of the date first set forth above: (SIGNATURES CONTINUED ON FOLLOWING PAGE) Cell Site: FL3674B West Tamarac State: Florida County: Broward WITNESSES: LANDLORD: 7 hreiber, Mayor Date: 1111/, -wo Market: South Florida Site Name: West Tamarac Site Number: FL 3674B ATTEST" E!' •f. �. /)76 f•d.�.,. Jeffrey L. D !' er, aly Manager Date: o / k4l041 Marion Swenson, C/MC, City Clerk Date: and delivered in the presence of l% `7 ft 'Witness Print Name(J tr, 1, *6 l• Q. witness // Print Name: .� �' 4fi�,1� ADDroved as to form and legal sufficiencv Tenant: Nextel South Corp., a Georgia corporation d/b/a N elCommunications By: P nt e:_ . ] n Cafaro Title: (SIGNATURES CONTINUED ON FOLLOWING PAGE) a. ; Cell Site: FL367413 West Tamarac State: Florida County: Broward STATE OF GEORGIGIA�� COUNTY OF . gam& i iQ_Q.E ,,...— Market: South Florida Site Name: West Tamarac Site Number. FL 3674E The foregoing instrument was acknowledged before me this_ __LQ_day of "-&r , 2000, by John Cafaro, as Vice President of Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is peta�jXjwawn to me or who has produced as identification and who did (d jW) take an oath. WrN ESS my hand and official seal. oil of Pu is Print Name My commission expires: Cell Site: FL3674B West Tamarac Market: South Florida State: Florida Site Name: West Tamarac County. Broward Site Number: FL 3674E EXHIBIT "A" To the Site Lease Agreement dated , 2000 between THE CITY OF TAMARAC, as Landlord, and Nextel South Corp., as Tenant. The Ground Space is a 22 foot by 40 foot area, together with a non-exclusive easement for the purpose of vehicular ingress and egress and installation and operation of utilities, identified by the cross hatched area on the sketch below and which is located within the real property described below: A P.,NIION OF S[CTIDM 6. TawkSNIP 49 SOVTn, RANG9 41 EAG7. BROWAHO COUNTY. VU01110A An0 TOQETNER WITH A PORTION OF FLORIDA FRUIT LANOS COMPANY SUO- 01VISSON NO. 2 OF SECTION S. TOWNsNIF 61 SOVTA, RNN.E 61 EA{Y ACCORDING TO Y1,E PLAT THEREOF. AS RECORDED IN PLAT Book I. PAGE 10; OF.T-+C' PUBLIC N[CD1tps OF PALM BEACH COUNTY. F1.0RIOA, BEING NOR[ FULLT OESCRIB[O A!. FOLLOW!- CONwONCING AT THE NORTNOAsr CORNER OF SAID SECTION 61 TTANCE 5 00'0614411 E. ALON4 INC EAST LINE OF SAID SECTION 6- A 01STANCE. Or ]2T4.00 P[[T TO THE POIN OP U[GINNINCI THENCE S 60';9's)i1 E. A 01STANCE OR 54.S.1 FEET, TMEMC[ S 40'97 2;1• ,I, A DISTANCE OF $70.19 F[BTI THENCE S OS'" 'Ve" M, A DISTANCE OF 31•S.0 FEET TO AN INTER$tCTtON WITH INC AMC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS a MT ■TARS. N OS']2'22'' E. FROM THE LAST DESCRIBED MINT- TNlNCE MESTEMLT AND NORTHERLY. ALONG THE AMC OF SAID CURVE HAWING A RADIUS OF 1600.0 FEET. AN ARC DISTANCE qF 46.10 FEET TO THE Put"T OR TANGENCT. THENCE N W SO' 441' W. A p4S114CE OF 171.66 rE[T TO AN INTERtICTION WITH THE AMC OR A CIMCU- LAR CURVE TO THE RIONT. I11W6E RADIUS POINT DEARS S 7S'62'01 " E. PROM TH[ LAS DESCRIBED POINT, TN[RCE NORTH9ALY AND EAST9461- ALONG THE AMC OF SAID CURVE HAVING A RAp(uS W E)47,00 FEET. AN ARC DISTANCE DF 7�2 .52 rEEt TO THE POINT OF TAM4[NCYI THENCE N i9'S010711 C. A DISTANCE Or 542.76 WEFT- TN[NC[ S 60' 29'S7" E, A DISTANCE OF 1�4.24 r69T TO THE POINT OF EEGIMMIMG. CONTAINING ;;.14.11■ ACRES. MDR[ 0R Less. i LAND SITUATE, LYING ANO EEtM6 IM BROWARD COUNTY. FLORIDA. _ A F-N1.;ON i1F SECTION 6. TOW NSHIr 49 SOUTH. RANG[ 41 EAST. BROWAHD CUUNi'Y. -.UII11-A AMC TOGCTHRR WITH A PORTlon Or FLORIDA FRUIT LAIIOS COMPANY SUB- U:VISIZN NO. 2 or SECTION 6, TOWNSHIP 41 SOUTH. RANGE 41 CAST ACCORDtN6 :J i.j. PLAT TN[RQ011. AS RECORDED IN PLAT BOOK I, PAGE 102 Or TI,Q PVULIC RACOWIS OF PALM BEACH COUNTY. FLORIOA, OSING MORE FULLV POSCAIBEO AS Fg4LD1161 CONMCNCING AT THII MORTH[AST CORNER OF SA10 SECTION 6, THENCE S 00'06'44 " E. ALONG INC LAST LINE Or SAID SECTION 6. A CISTAMCQ or 33ST.12 FDET To THE 1'OIMT hR BQ GINNING, THENCE N 40'2Y'22'• E. A DISTANCE OF 72.►p FEET- THENCE $ II�50';61' C. A pISTANCE OF 76s.A2 FEET TO AN IMTQR59CTION Wl7N THE AR[ OF A CIRCULAR C4NIVE TO THE RIGHT, MHOSE RADIUS POINT BEARS N t2'60';1 " M. FROM THE LAST OESCRIOEO POINT, THENCE SOUTHERLY ANO M[STEALY, ALONG THE ANC OR SA111 CURVE, HAVING A RADIUS OF $600.00 FEET, AM ARC DISTANCE or 697.07 F!l T,I I" "CZ N D6'a2'2;"' E. A DISTANCE OF 735.00 F[ET, THENCE N 40'27'22" E. A ' .)ISTANC[ 00 $02.29 FEET TO THE POINT OF 094INNING. CONTAINII44 6.649 ACRES. MDRt On LESS. SAID LAND SITVATE, LYING AND BEING 114 BROWARD COUNTY, FLORIOA. 1,.' MMSX t•M y � L.wD 1tIAwiITa1'+pr' - ,N11 r VM9N i�� M4IR WANY v.'^rw1 1nM1r U1-nr ►N4,HaT 10 ON of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone; (954) 724-1230 • Facsimile (954) 7242454 Jeffrey L. Miller City Manager jeffmWomarac.org October 25, 2000 Ms. Andrea Scarborough Nextel Communications 6700 N. Andrews Avenue, Suite 700 Ft. Lauderdale, FL 33309 Re: Nextel Communications Agreement Dear Ms. Scarborough: I am pleased to advise you that at its meeting on October 25, 2000, the Tamarac City Commission approved a Resolution authorizing the appropriate City Officials to execute an agreement with Nextel Communications for the installation of a telecommunications tower, antenna and associated equipment. Enclosed is a copy of the approved resolution and lease agreement for your records. Mr. Levent Sucuogiu, Director of Information Technology, will be your contact person with the City concerning this matter. Please feel free to contact him at (954) 724-1300. However, if there should be any problems of a serious consequence, I expect you to advise me directly and immediately. Sincerely, Jeerey L. Miller City Manager c: Levent Sucuoglu, Director of Information Technology LS/gc Equal Opportunity Employer FIRST AMENDMENT TO THE SITE LEASE AGREEMENT BETWEEN NEXTEL SOUTH CORP. AND THE CITY OF TAMARAC THIS FIRST AMENDMENT to the Site Lease Agreement dated October 25, 2000, between the City of Tamarac and Nextel South Corp., a Georgia corporation is made and entered into this jA_ day of k, 2006, by and between: CITY OF TAMARAC, FLORIDA ("LESSOR"), a municipal corporation organized and operating pursuant to the laws of the State of Florida, with a business address of 7525 NW 881h Avenue, Tamarac, Florida; and NEXTEL SOUTH CORP. ("LESSEE"), a Georgia Corporation with an office located at 851 Trafalgar Court, Suite 300E, Maitland, Florida 32751. (LESSOR and LESSEE hereafter collectively referred to as the "Parties"). WITNESSETH WHEREAS, on October 25, 2000, the Parties entered into a five (5) year Site Lease Agreement ("Original Agreement") whereby the LESSEE agreed to rent from the LESSOR a twenty two (22) foot by forty (40) foot section of certain ground space real property generally located at 9901 NW 771h Street, Tamarac, Florida 33321 (the "Property"); and WHEREAS, the Original Agreement provides LESSEE with the right to extend the Term for four (4) successive five (5) year periods and is currently in its initial First Renewal Term which commenced on October 25, 2005. WHEREAS, pursuant to the Original Agreement, the LESSEE occupied exclusive tower and ground space, and LESSOR granted to LESSEE for the term of the lease a non-exclusive easement upon adjoining property owned by the LESSOR for purposes of pedestrian and vehicular ingress and egress to and from an open and improved public road and for the installation and operation of utilities servicing the Property and for the construction, operation and maintenance of all improvements thereon; and WHEREAS, the Original Agreement provided that the LESSEE shall pay the LESSOR the sum of twenty six thousand four hundred dollars ($26,400) annually as Rent; and WHEREAS, the LESSOR and the LESSEE now agree to an additional three hundred and fifty dollar ($350) per month rent increase for an additional nine (9) foot by sixteen (16) foot space to be located at the Property; and Site Name: West Tamarac W " Site #: FL3674 WHEREAS, this First Amendment _ to the Original Agreement between the parties reasserts and reaffirms that the Original Agreement was executed on October 25, 2000, and terminates on October 24, 2025, with provisions for automatic renewal. NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the Parties hereto agree as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct and incorporated herein. SECTION 2. The LESSOR and the LESSEE hereby agree to a three hundred fifty dollar ($350) per month rent increase to cover the cost of additional space, more particularly described in Exhibit "A" attached hereto and incorporated herein. The rent increase herein shall commence with the next rent payment following completion of the installation of the generator at space provided herein. SECTION 3. Unless otherwise defined herein, capitalized terms used in this Amendment have the same meanings such terms are given in the Original Agreement. SECTION 4. The Parties agree that in all other respects the Original Agreement shall remain in full force and effect, except as specifically modified herein. Page 2 of 4 Site Name: West Tamarac Site #: FL3674 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. ATTEST: MARION SWENSOi , CITY CLERK WITNESSES: Development LESSOR: CITY OF TAMARAC, FLORIDA A kyj•• i • LESSEE NEXTEL SOUTH CORP., a Georgia C oration BY: �--. PRINT: NAME: David Wong TITLE: Area Manager Site CERTIFICATION The foregoing instrument was acknowledged before me on this _5_ day of Q cknlae,l , 2006 by as P"cL cktr)n of NEXTEL South Corp., a Georgia Corporation, on b alf of the Corporation. eis personally known to me or has produced as id ification. �. KRISTEN BEYER Notary Pub iG tia�Y PU . 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