LAND LEASE FIVE YEAR AGREEMENT 09/01/1995 TO 07/31/2000
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LAND LEASE AGREEMENT
KNOW ALL MENDY THESE PRESENTS;
se Agreement, hereinafter referred to as ."Lease" is made and entered into this / h~day of
1995, between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Co ation, ereinafter referred to as "Landlord", and GTE MOBILNET OF TANIPA INCORPORATED, a
Delaware corporation for profit, with offices at 600 North Westshore Boulevard, Suite 900, Tampa, Florida
33609,acting herein by and through its authorized officers, hereinafter referred to as "Tenant".
WITNESSETH:
1. Premises: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the following
described lands, hereinafter referred to as "Leased Premises" situated in Pinellas County, State of Florida to wit:
SEE EXHIBIT "A"
2. Uses: Landlord hereby grants permission to Tenant to occupy the Leased Premises to install, construct and
operate a transmission tower up to but not more than 150 feet in height, and radio and microwave
communications equipment. Such equipment shall include, but not be limited to, an equipment building and
emergency gasoline, butane, diesel or other fuel powered generator on the Leased Premises at.a location suitable
for Tenant's needs. Said building win house additional equipment necessary for Tenant's communication
operations and the emergency generator will be used at Tenant's option, but in most cases only in the event of a
power failure. For the purposes of this agreement, the transmission tower and all of the Tenant's equipment,
building, generator, cables, wires, antennas and microwave dishes and accessories shall hereinafter collectively be
referred t03.S "Communication Equipment" or "Communications Center". Tenant shall at all times throughout
the term of this lease take every appropriate measure to insure that Tenant's Communication Equipment does not
interfere with, impede, modify, or alter the operation and performance of Landlord's transmission tower located
adjacent to the Lease Premises, or to the antennae and microwave receivers and/or transmitters as may be
located thereon upon the date of this agreement, or as may be reduced, added to, or otherwise modified during
the term of this Lease, and any of Landlord's communications equipment necessary for the operation thereof.
Landlord covenants with tenant that during the term of this Lease, or any extension hereof, it will refrain from
any modifications to its tower and communications equipment as existing upon the date of this agreement that
would be incompatible with Tenant's tower and communications equipment if constructed and operated as
provided above.
3. T~: The primary te
199 ~ and terminate on
below.
of t . s Lease shall be for five (5) years and shall commence on
~ subject to extensions as set forth in Par a
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4. Rent and Consideration: As rental for the Leased Premises, Tenant will pay Landlord at the address
designated in Paragraph number 9, the amount equal to Nine-thousand six hundred and no/100 dollars
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($9,600.00) annually during the first twelve (12) months of this agreement, payable in equal monthly installments
of Eight hundred and no/100 dollars ($800.00) each, plus applicable sales tax, all in advance. Rental payments
shall commence on the first day of the month following the execution of this agreement, and t.hereafter on a
monthly basis throughout the term of this Lease. During the initial term of this agreement, or any extension
thereof, the annual rental shall be adjusted at. the end of each year , and each adjustment shall be based on the
U.S. Department of Commerce "National Consumer Price Index" for all Urban Consumers, U.S. City Average,
("CPU-U') indicatorand shall be determined by dividing the CPI-Uindicator from the most recently published
indicator prior to the adjustment date, by the CPI-U indicator published one (1) year prior to the adjustment date,
and multiply the resultant number by the yearly lease rental amount of the most recent past lease period.
Provided, however, the new yearly lease increase amount shall in no case be less than 3% or more than 5% of the
most recent past yearly rental amount. In the event this Lease is extended beyond the primary term, as hereinafter
provided, the yearly rental rate shall be adjusted in accordance with the aforementioned rental adjustment
proVISions.
5. Access: Tenant is hereby given and granted the Right-of-Way of ingress and egress and utility purposes over
and across the Leased Premises and other lands owned by Landlord as may be required for the purpose of
erection, installation, maintenance and removal of such Communications Equipment and other necessary
appurtenances and for access for telephone lines and power lines in connection with its cellular, radio and
microwave communications center. Such Right-of-Way shall be via a non-exclusive ingress, egress and utilities
easement having a width of twenty-five (25) feet as depicted in Exhibit "B" attached hereto and made a part
hereof. In the event it is not practical in the opinion of either the Tenant or the applicable Utility Company to use
the above described easement for access, installation and maintenance of the aforementioned utilities, Landlord
agrees to grant to Tenant a reasonable alternate easement, or easements, for such Utility Companies purposes
over any other portion of Landlord's real property as determined solely by Landlord. Grant of such easement(s)
shall not unreasonably be withheld. Any such Utility Easement or Alternate Utility Easement(s) shall be for
installation and maintenance (whether by Tenant orby it's designated utility Company) under and/or above the
ground from the point of connection with the Utility Company's distribution network to Tenant's building located
on the Leased Premises. The width of such alternate easement(s) shall not exceed thirty (30) feet. It is further
understood that Tenant and the Utility Company providing services to Tenant shall have access to all area ofthe
Leased Premises every hour of every day for installation, maintenance and/or repair of such utility services.
Tenant shall provide its own padlock to access security gate that traverses the access easement as described in
Exhibit "B ", and shall attempt to notify Landlord, for security purposes, of any entry after normal business hours
by calling 462-6668. At the termination of the lease or any extensions, all easements will be deemed void and be
canceled of record.
6. Utilities at Tenant's Cost: Tenant shall be solely responsible for and promptly pay all charges for gas,
el~tricity, telephone service, or any other utility used or consumed by Tenant on the Leased Premises. Tenant
shall have an electrical current meter installed at the Leased Premises, and the cost of such meter and of
installation, maintenance and repair thereof shall be paid for by the Tenant.
7. Extensions: Tenant shall have the option to extend this Lease by a series for three (3) additional terms of
five (5). y~ars each so long as it has abided by the terms and conditions of the Lease and is not in default
hereunder. Tenant shall give written notice to Landlord of its intention to extend during the last six (6) months
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of the primary term or any extension thereof, as the case may be, but in no event shall such notice be less than
thirty (30) days prior to the expiration of any such term. In the event Tenant exercises its option to extend this
Lease, the Lease amount shall be adjusted annually as provided in Paragraph 4 above.
8. Holding Over: If Tenant should remain in possession of the Leased Premises after the expiration of the
primary term or any extension of this Lease, without the exercise of an option or the execution by Landlord and
Tenant of a new lease, then Tenant shall be deemed to be occupying the Leased Premises as a tenant-at-
sufferance on a month-to-month basis, subject to all the covenants and obligations of this Lease and at a monthly
rental of one and one-half (1 Y2) times the per month rental then provided hereby.
9. Notice: Any notice shall be in writing and shall be delivered by hand or sent by United States Registered
Mail, postage prepaid and addressed as follows:
LANDLORD
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, FI. 34618-4748
(813) 462-6700
TENANT
GTE Mobilnet of Tampa Incorporated
600 N. Westshore Boulevard, Suite 900
Tampa, Florida 33609
(813) 282-6000
Such addresses may be changed from time to time by either party by giving notice as provided above. Notice
shall be deemed given when delivered (if delivered by hand), when postmarked if sent by U.S. Mail, certified,
return receipt requested.
10. Liability and Indemnity: Tenant agrees to indemnify and save the Landlord harmless from all claims
(including costs and expenses of defending against such claims) arising or alleged to arise from any act or
omission of Tenant or Tenant's agents, employees or contractors occurring during the term of this Lease in or
about the Leased Premises. Tenant agrees to use and occupy the Leased Premises at it's own risk and hereby
releases Landlord, it's agents and employees, from all claims for any damage or injury brought on by Tenant to
the full extent permitted by law. Landlord in turn agrees to indemnify and save Tenant harmless from all claims,
negligence and torts (including cost and expenses of defending against such claims) arising or alleged to arise
from any act or omission of Landlord or Landlord's agents, employees, or contractors of Landlord occurring
during the term of this Lease; however, nothing herein shall constitute a waiver of any of the rights or defenses
available to the Landlord as a Florida municipality under Section 768.28, Florida Statutes, the "Sovereign
Immunity Waiver Statute".
11. Termination by Tenant: Tenant shall have the right to terminate this Lease at any time upon any of the
following events:
a. If the approval of any agency board, court, or other governmental authority necessary for the
construction and/or operation of the Communications Equipment cannot be obtained, or is revoked or if
Tenant determines the cost of obtaining or retaining such approval is prohibitive.
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b. If Tenant determines that the property is not appropriate for locating its Communications Equipment
for technological reasons, including, but not limited to signal interference.
c. In the event that any government or public body shall take all or such part of the Leased Premises
thereby making it physically or financially unfeasible for the Leased Premises to be used in the manner it
was intended to be used by this Agreement, Tenant shall have the right to terminate this Lease effective
as of the date of the taking by the condemning party and the rental shall be prorated appropriately.
However, if only a portion of the Leased Premises is taken, and Tenant does not elect to terminate this
Lease under this provision, then rent payments provided under this Lease shall be abated proportionally
as to the portion taken if the portion taken in any manner effects the ability of Tenant's Communications
Equipment to continue to perform in the manner it performed. prior to the taking, and Landlord is either
unable or unwilling to replace, to the Tenant's satisfaction, that portion of the Leased Premises taken.
Tenant will give Landlord thirty (30) days written notice of termination of this Lease under the terms of this
Paragraph number 11, sections (a), (b) and (c). Upon termination, neither party will owe any further obligations
under the terms of this Lease except fulfillment of all obligations of the tenancy herein created until and through
the termination date, and those covenants and representations that would reasonably survive such termination
date, specifically, but not limited to, those embodied in Paragraph number 17 (Environmental) and for Tenant's
.responsibility within 90 days following termination of this agreement of removing all of it's Communications
Equipment from the Lease Premises and restoring the areas occupied by Tenant to its original condition as near
as practical, save and except normal wear and tear and acts beyond Tenant's control. Should Tenant fail to
complete the removal of it's Communication Equipment and restoration of the Lease Premises within the. time
herein provided, Landlord may, at it's option, remove all of Tenant's equipment and restore the Lease Premises
and collect all expenses related thereto from the Tenant.
12. Defaults and Remedies: Notwithstanding anything in the lease to the contrary, Tenant shall not be in
default under this Lease until:
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a::lnthe case of failure to pay rent or other sums due under this Lease within fifteen (15) days after
receipt of written notice thereof from Landlord, or;
b. In the case of any other default, within thirty (30) days after receipt of written notice thereof from
Lan.dlord; provided, however, where any such default cannot reasonably be cured with thirty (30) days,
Tenant shall not be deemed to be in default under the Lease if Tenant commences to cure such default
within said thirty (30) day period and thereafter diligently pursues such cure to completion.
13. Landlord's Right to Terminate: In the event of Tenant's default in the payment of rentals or Tenant's
failure to comply with any other material provision of this Lease, specifically, but not limited to, the non-
interference provisions with Landlord's transmission tower and equipment as provided in Paragraph number 2 of
this agreement, then Landlord may, at it's option, terminate this Lease without affecting it's right to sue for all
past due rentals, and any other damages to which the Landlord is entitled. Should Landlord be entitled to collect
rentals or damages, or for the costs of removal of Tenant's Communications Equipment and restoration of the
Lease Premises, and be forced to do so through it's attorney, or by other legal procedures, Landlord shall, upon
receipt of a favorable ruling, be entitled to it's reasonable attorney fees thereby incurred.
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14. Taxes: Tenant shall pay annually an amount equal to any increase in real estate taxes that may be
attributable to any improvement to the Leased Premises by Tenant. Tenant further agrees to pay to Landlord any
occupancy tax or rent tax now in effect or hereafter enacted. If such tax is paid by Landlord, Tenant shall
reimburse Landlord for the amount of any such tax payment within thirty (30) days of receipt of sufficient
documentation indicating the amount paid and the calculation of Tenant's pro-rata share. Upon written request
by Tenant, Landlord shall furnish evidence of payment of all taxes made by Landlord.
15. Insurance: Tenant shall, at it's expense, maintain in force during the term. of this Lease, and provide a
certificate, or certificates, of insurance covering the entire term. of the lease, or any extension thereof, to
Landlord of a combined single limit Commercial Form. Insurance policy of bodily injury and property damage,
insurance, with a limit of not less than $1,000,000.00 insuring Landlord and Tenant against all liability arising out
of the ownership use, occupancy, or maintenance of the Leased Premises and appurtenant areas, which policy
shall name Landlord as additional insured. The Landlord's Risk Manager may require Tenant to provide any or all
of the following additional Insurance Endorsements upon determination of any additional risks inherent to
Landlord as a party to this Lease agreement:
a. Contractual liability coverage.
b. Personal Injury Liability coverage.
c. Broad Form Property Damage coverage.
All insurance coverages herein provided shall:
a. Be written on an "Occurrence" basis.
b. Shall not be suspended, voided, canceled or modified except after thirty (30) days prior written notice
by certified mail return receipt requested has been given to the Landlord's Risk Management Office.
c. Certificates of Insurance meeting the specific required insurance. provisions of this. Lease shall be
forwarded to the Landlord's Risk Management Office and approved prior to the start of any work or the
possession of the Lease Premises.
d. All insurance policies required within this contract shall provide full coverage from the first dollar of
exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the
Landlord.
e. RADON GAS: 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.
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16. Tests: Tenant is hereby given the right to survey,. soil test, radio coverage test, and to conduct any other
investigations needed to determine if the surface and location of the Leased Premises is suitable for construction
of a cellular, radio and microwave communications center.
17. Environmental:
a. It is acknowledged and agreed by Landlord that it will be necessary for Tenant, at tenant's expense, to
perform a Phase I environmental assessment to determine if there is any basis for suspecting that
hazardous materials or waste have been deposited or released in or upon the property being purchased
hereunder. If the results of the Phase I investigation reveal to the Tenant a potential hazardous materials
or waste situation, then Tenant shall be entitled, at Tenant's expense and at itls option to perform a Phase
II investigation consisting of, but not limited to, the sampling and analyzing of soil, ground water, air,
building components, and any other materials that may be upon or in the property. It is further agreed
that in the event a Phase I or Phase II investigation shall reveal to Tenant a potential or actual problem
concerning hazardous materials or waste in or about the property, the Tenant upon reasonable written
notice to Landlord, shall be entitled to terminate this agreement.
b. Tenant shall provide Landlord with all Phase I and, if performed, Phase II environmental investigation
reports within fifteen (15) days of receipt thereof. If, based on the report(s), Tenant concludes the
environmental status of the Lease Premises is acceptable to Tenant, then it will be deemed thereafter that
the conclusions as defined in the report( s) shall establish the environmental base line for the Lease
Premises and Tenant shall thereafter indemnify, defend and save harmless the Landlord, its successors,
assigns and agents from and against any legal or administrative proceeding brought against Landlord;
from all demands, claims, fines, penalties, or costs occasioned by subsequent discovery of any other
pollution or hazardous substances involving the Lease Premises, whether known or unknown to
Landlord, whether based in federal, state, or local environmental or other laws; strict liability or common
law; from any damage, claim liability or loss connected to any condition in, on, or of the Lease Premises
as of the date of the written report(s) and evaluations as contained therein; as well as during Tenant's
occupancy of the property and afterward as to any continuing violations after Tenant's occupancy if such
violations can reasonably be determined to have been caused directly by Tenant, its employees, agents,
contractors, or any person or entity acting for or on behalf of the Tenant. These covenants by Tenant to
indemnify, defend and save harmless Landlord, its successors, assigns and agents shall extend to and
iqclude any obligations of Landlord to perform remedial work ordered or recommended by any
governmental or administrative agencies. Tenant shall be solely responsible for responding to such
governmental or administrative agencies claims relating to contamination of the premises as may be
directly attributable to Tenant, its employees, agents, contractors, or any person or entity acting forol on
behalf of the Tenant during the term or any extension thereof, or after termination.
c. Upon expiration or termination of this Lease, Tenant shall, at Tenant expense, procure an
environmental audit, or audits, through an environmental firm or individual mutually agreeable between
Tenant and Landlord, in conformance with City of Clearwater Environmental Audit and Property
Assessment Guidelines as may be in existence at time of expiration or termination. Should the results of
such. studies and tests reveal any environmental contamination of the premises in amounts and/or
concentrations exceeding minimum acceptable levels as then established by applicable governmental
authorities, or in excess of the baseline environmental condition of the premises as established at the
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Lease commencement date, whichever shall define the lowest limits of environmental contamination then
present in, on, or of the Lease Premises, Tenant shall pay all costs associated with environmental
remediation of such contamination exceeding the lowest limits established using the aforementioned
criteria if such contamination is found to be directly attributable to Tenant, its employees, agents,
contractors, or any person or entity acting for or. on behalf of Tenant during the term of or any extension
of this lease, or after termination.
d. Tenant shall at all times during the term of this Lease, or any extension hereto, fully comply with all
Federal, State and Local environmental laws and administrative rules.
e. Tenant agrees to provide Landlord within seven (7) days of execution by Tenant, copies of all
registrations, reports, closure assessments and certification of financial responsibility forms as may be
required to be submitted to the State Department of Environmental Protection, or its successors,
pursuant to Rules of the Florida Administrative Code.
18. Fixtures: Landlord covenants and agrees that no part of the improvements constructed, erected or placed
by Tenant on the Leased Premises shall become, or be considered as being, affixed to or a part of Landlord IS real
property and any and all provisions and principles of law to the contrary notwithstanding, it being the specific
intention of Landlord to covenant and agree that all improvements of ~very kind and nature constructed, erected
or placed by Tenant on the Leased Premises shall be and remain the property of the Tenant.
19. Assignment and Subletting: Tenant may assign or sublet the Leased Premises or any part thereof without
the consent of Landlord only if Tenant remains liable for fulfillment of payments under this Lease, and all other
terms and conditions of this Lease, and the nature of the use is not changed or the Assignment is made to an
affiliate of GTE Mobilnet Incorporated. All other assignments shall require Landlord's prior written consent,
which consent shall not be unreasonably withheld.
20. Memorandum of Lease: Following the execution of this Lease, either party, at its sole expense, shall be
entitled to file the Memorandum of Lease (attached as Exhibit "C") of record in the County where the Leased
Premises is located.
21. Other Conditions:
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a. Landlord acknowledges that following the execution of this Lease, Tenant will be contacting the
appropriate local governmental agencies for the purpose of obtaining all building permits and approvals,
zoning changes and/or approvals, variances, use permits and other governmental permits and approvals
necessary for the construction , operation and maintenance of a cellular mobile telephone facility
("Communications Center") and related antennas, cable, conduits, wires and electronic and other
equipment on the Leased Premises ("Local Permits"). Landlord agrees to fully cooperate with Tenant in
obtaining the Local Permits and, without limiting the generality of the foregoing, to execute any
applications, maps, certificates or other documents that may be required in connection with the Local
Permits, with the exception that Landlord cannot guarantee that the City of Clearwater, Planning &
Zoning Board, or Development Code Adjustment Board will take favorable action or any action for
zoning or needed variances.
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b. Whenever under the Lease the consent or approval of either party is required or a determination must
be made by either party, no such consent or approval-shall be unreasonably withheld or delayed, and all
such determinations shall be made on a reasonable basis and in a reasonable manner.
c. Landlord covenants that the Tenant shall, upon paying the rent and observing the other covenants and
conditions herein upon it's part to be observed, peaceably and quietly hold and enjoy the Leased Premises
during the term of this Lease or as it may be extended without hindrance, ejection or molestation by the
Landlord, any persons claiming under the Landlord or any other tenant of the Landlord.
d. Landlord covenants and agrees that, at all times during the continuance of this lease, tenant shall have
the right to mortgage or convey by deed of trust or other instrument adequate for the purpose of securing
any bona fide indebtedness or evidence thereof, this lease only or the leaseholder's interest only of the
Tenant created hereby together with all of the Tenant's right, title and interest in and to improvements
hereinafter constructed, erected or placed on the Leased Premises by Tenant, provided always that no
such mortgage, conveyance or encumbrance, nor any foreclosure thereof, nor any purchase thereafter,
shall impair or abridge. the rights of the Landlord, as provided herein, or to which the Landlord may be
entitled in law or in equity.
e. During the continuance of this Lease, and m exercising the rights, powers, privileges and immunities
provided hereunder, Tenant shall fence 'in only that portion of the Leased Premises .as is reasonably
needed for it's improvements and for the proper and efficient operation of said Communications
Equipment. In most cases Tenant will only fence reasonable areas around Tenant's building and
transmission tower. Landlord shall not prohibit Tenant's access to the Leased Premises or be entitled to
use such portion so fenced, for any purposes. However, Landlord shall have the privilege of using that
portion of the surface of the Leased Premises not enclosed by fence so long as Landlord does not
interfere with Tenant's operations. Landlord further agrees to indemnify and save the Tenant harmless
from all claims arising or alleged to arise from any act or omission of Landlord or Landlord's agents,
employees or contractors or other tenants of Landlord within such portion of the Leased Premises not
fenced in. "Fence" within the context of this paragraph shall mean "chain link" fencing equal in grade and
construction to Landlord's fencing as existing in the immediate vicinity of the Leased Premises as of the
date of this agreement. Tenant's fence shall be constructed and maintained in accordance with all
applicable building codes.
f. Tenant shall satisfy itself as to the status and applicability of any liens, encumbrances and exceptions as
may exist and encumber Landlord's property prior of delivery of an executed copy of this Lease
agreement to Landlord for approval by its City Commission and execution by it's City Officials. It will be
deemed that the Landlord's title status in. and to the Leased Premises is satisfactory to Tenant by delivery
of this Lease agreement to Landlord's agent as hereinabove provided. Rental payments are due and
payable by Tenant as provided in Paragraph number 4 above.
g. Tenant shall have the right, at Tenant's sole discretion, to lease space on Tenant's transmission tower
and/or Lease Premises to "third parties". In the event Tenant so elects to enter into a third party lease
agreement, such agreement shall be subordinate and subject to this Lease and Landlord shall be furnished
a true copy thereof. Tenant shall remain in primary possession of the Lease Premises throughout the term
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of the third party lease. The term of any third party lease shall extend no longer than the initial term of
Tenant's lease or any extension thereto.
h. Exterior painting of Tenant's Communications Center shall conform in color and appearance with
Landlord's administrative building located on the overall site of which the Lease Premises is a part.
i. Any contingencies contained in this Lease Agreement that would prohibit Tenant from fulfilling every
covenant, term and condition herein shall be deemed to have been fully satisfied upon: (a) operational
commencement of Tenant's transmission tower, or (b), 180 days following the Lease commencement
date, whichever is sooner.
22. Entire Agreement and Binding Effect: This lease and any attached exhibits reference herein and attached
hereto constitute the entire agreement between Landlord and Tenant; no prior written or prior, contemporaneous
or subsequent oral promises or representations shall be binding. This Lease shall not be amended, or changed
except by written instrument signed by both parties hereto. Paragraph captions herein are for convenience only,
and neither limit nor amplify the provisions of this instrument. The provisions of this instrument shall be binding
upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties, but
this provision shall in no way alter the restriction hereon in connection with assignments and subletting by
Tenant.
23. Additional Clauses: Paragraph numbered none through none are added to and a part of this agreement.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease Agreement as of the date and year
first above written.
WITNESS:
TENANT:
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frIo f-(A A j) r(~yno k:
P~dss Name
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-R 0 6er+ u.J I-kt rd~e.-
Print Witness Name
GTE Mobilnet of Tampa Incorporated
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B: _/~
. James A La Belle
Area President-Florida
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Countersigned:
Approved as to form and legal.
sufficiency:
-flr-LL
Miles A T ,~nr~, A~;').i:staut City Attorney
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LANDLORD:
City of Clearwater, Florida
BY:
ATTEST:
k 4;>/ ~
Elizab~. De~a, City Manager
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a E. Goudeau, City.._.~_lerK;"' . ..'.....
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EXHIBIT "A"
Attached to and made a part of that certain LEASE AGREEMENT dated ~~ db
by and between the CITY OF CLEARWATER, FLORIDA ("Landlord"), aFfdl GTE ocilnet
Incorporated ("Tenant"). U
./
, 1992
of Tampa
(LEASED PREMISES)
- LEGAL DESCRIPTION: L ease Parcel
A parcel of land lying in the Southeast 1/4 of Section 21, Township
28 South. I?ange 16 East, Pinellas County, Florida, being more
particularly described as follows:
Commence at the Northwest corner of the Southeast 1/4 of Section
21, Township 28 South, I?ange 16 East, Pinellas County, Florida;
thence on the West boundary thereof. South 00.09'52" East, 0
distance of 866.66 ft/et; thence departing said West boundary, North
70.24'12" East, a distanclJ of 78.95 feet; tht/nce South 64XD19'44"
East, a distance of 63.51 ~t1t, to the POIN T OF BECINNING; thence
South 89"'19'44" East, a dlstanclJ of 50.00 feet; thence South
00"'40'16" West, a distance of 65.00 feet; thence North 89"'19'44"
West, a distance of 85.00 feet; thence North 00"'#)'16" East, 0
distance of 65.00 fet/t; thence South 89"'19'44" East, a distance of
J.5.00 feet, to the POINT OF BECINNING;
The aboVf1 described parcel contains 5525.00 square ~et. more or
1t/5s.
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EXHIBIT "B"
,
Tampa
Atta~d to and made a part of that certain LEASE AGREEMENT dated
199~ by and between the CITY OF CLEARWATER, FLORIDA ("Landlord"), an
Incorporate ("Tenant").
(ACCESS EASEMENT)
An easement for ingress, egress and utility purposes over across
the folIa wing describtld parcel.
A parcel of land lying in the Southeast 1/4 and the Southwest 1/,(,
of Section 21, TOWT7ship 28 South, Range 16 East, Pinellas County,
Florida, being more particularly described as follows:
Commence at the Northwest 1/4 or the Southtlast 1/4 of Section 21,
Township 28 South, I?ange 16 East, Pinellas County, Florida; thence
on the West boundary thereof, South 00"'09'52" East, a distance of
866.66 feet, to the POINT OF BEGINNING; thenctl dtlporting said West
boundary. North 70"'24'12" Easf, a distance of 78.95 feet; thtmce
South 64"'19'.{.4" East, a distance of 63.51 feet; thence North
89-,9'44" West, a distance of JS.oo feet; thtlnce South 00"'#)'16"
West, a distance of 11.26 feet; thenC"f! North 64-19'44" West, a
distance of 26.1J feet; thtlnce South 70"'24'12" West, a distance of
121.79 feet; thence South 4J"'4J'5J" West, a distance of 27.46 feet;
thence South 01"'16'Or East, a distance of J69.08 fetlt; thence
South 01"'09'54" West, a distance of 168.18 feet; thence South
00.09'05" East, a dis'tance of 1129.96 feet to the intersection with
thtl Northerly right of 1f'ay line of State Road No. 580; thence on
said right of way line, South 89"'47'59" West, a distance of 25.00
fetJt; thence dtJPartlng saId r/ght of way line, North 00.09'05"
West, a distance of 11JQ27 feet; th_nce North 01"'09'54" East, a
distance of 167.9J feet; thence North 01"'16'07" West, a distance of
378.90 feet; thence North 4J"'4J'sJ" East, a distance of +3.74 feet;
thtlnct! North 70-24'12" East, a di$tanctl of 59.19 feet, to the POIN T
OF BEGINNING;
The above describtltl parcel contains 1.08 acres, more or less.
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Site: Countryside Cell Site
EXHffiIT "e"
MEMORANDUM OF LEASE
KNOW ALL MEN BY THESE PRESENTS, THAT:
TIllS MEMORANDUM OF LEASE is made and entered into this2~ of 1995, by
and between the CITY OF CLEARWATER, FLORIDA ("Landlord"), whose addr s s: City anager, City of
Clearwater, P. O. Box 4748, Clearwater, Florida 34618-4748, and GTE Mobilnet of Tampa Incorporated
("Tenant") whose address is 600 N. Westshore Boulevard, Tampa, Florida 33609.
WITNESSETH
WHEREAS, Landlord has leased to Tenant, and Tenant has leased from Landlord, upon and subject to the
terms, c ven conditions, limitations and restrictions contained in that certain lease
dated 1995 ("Lease") between the parties hereto, that certain real property situated in
the Co of Pi as, State of Florida, more particularly described in "EXHIBIT A" attached hereto and made a
part hereof (ttLe sed Premises").
/
19~ and ending on
000 subject to Tenant's option to extend t term for three (3) additional periods of
(5) year: each upon the terms and conditions set forth in the above referenced Lease.
The rent and other obligations of Landlord and Tenant are set forth in the Lease, to which reference is made for
further particulars. In the event of any conflict between the terms and provisions of the Lease and those
contained in this Memorandum, those contained in the Lease shall govern and be controlling.
IN WITNESS WHEREOF, Landlord and Tenant have executed and acknowledged this Memorandum as of the
date first above written.
~~s~ ///~/-
c/~~,/p~~
..~.-- /. /\ .-C 1/
I ) L,'N f I ;1 1\,,1 01alc
Print Witness aine 'J
~wJJ), ~~L/
B .
James A. La Belle
Area President-Florida
Print Witness Name
county A:\GTEMOBL2.doc
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Site: Countryside Cell Site
LANDLORD: City of Clearwater, Florida
BY:
-$. /;; tj,-tr'
Elizabeth . Deptul , City Manager
Approved as to form and legal ATTEST:
sufficiency:
f~~~
~:1_" do l.~w, .\uill--t City Attorney
Pa rf)~ I w A. /If< /n ,
,.,
. ~
.--.
,/ .
_ w ~.._........:'
~ -
..# --
Acknowledgements: Memorandum of Lease
City of Clearwater/GTE Mobilnet of Tampa Incorporated
STATE OF FLORIDA
SS
COUNTY OF HILLSBOROUGH
ACKNOWLEDGEMENT
BEFORE ME, the undersigned, personally appeared, James A. La Belle, Area President-Florida of GTE
Mobilnet Incorporated, a Delaware Corporation, who executed the foregoing Memorandum of Lease on behalf
of the corporation, and who acknowledged the execution to be his free act and deeg for the use and purposes
herein set forth, and who is personally known to me or who produced A/' L /J- as
identification. - --.. '
WITNESS my hand and seal this .;2f5~ay of ~/ ' 1996 .
~~~~~
Print/type name: j?12VI2R-L-/ ).,;9-t!.E'j - /}-)?GO TT
BEVERLY LACEY-AR60TT
_ MY COMMISSION' CC 441176
~ . ; EXPIRES: SepIImber 24, 1996
"~I/f.., Bonded 11Iu NolIIy P\IIJlIc lbIIIIwIllInI
county A:\GTEMOBL2.doc
14
"
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Site: Countryside Cell Site
STATE OF FLORIDA
SS
COUNTY OF PINELLAS
ACKNOWLEDGEMENT
BEFORE ME, the undersigned, personally appeared Rita Garvey, the Mayor-Commissioner of the City of
Clearwater, Florida, who executed the foregoing Memorandum of Lease and acknowledged the execution to be
her free act and deed for the use and purposes herein set forth, and who is personally known to me.
WIlNESS my hand and seal this~ day of ~
C~~~
~ '( PfJ. CAROLYN L. BRINK
~ ~ COMMISSION # CC 463040
EXPl .
~ ~ 9ONOEDTHRll
~OF t\-~ ATlANTIC BONDING CO., INC.
,1995,
Notary Public
Print/type name:
STATE OF FLORIDA
SS
COUNTY OF PINELLAS
ACKNOWLEDGMENT
BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, the City Manager of the City of
Clearwater, Florida, who executed the foregoing Memorandum of Lease and acknowledged the execution to be
her free act and deed for the use and purposes herein set forth, and who is personally known to me.
e.. ~~
Notary Public ~AROLYN L. BRINK
P . tI . . . A,,~ COMMISSION # CC 463040
nn type name: ~ 6 !)(rlRtt U.~ 2?H~QQ
~ ~ BQNOEDTHRU
~ t\.~ ATLANTIC BONOING CO., INO,
county A:\GTEMOBL2.doc
15
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EXHIBIT A ~
Attached to and made a part of that certain LEAS~ ~GREEMENT dated ~ ,
th CITY OF CLEARWATER, FLORIDA ("Landlord"), anl2f' j;TE bilnet of
by and between e V
Incorporated ("Tenant"),
~-
190
Tampa
(LEASED PREMISES)
LEGAL DESCRIPTION: Leas~ Parcel
AparcfJl of land lying in the Southflast 1/4 of Sflction 21, Township
28 South, RangfJ 16 East, Pinellas County, Florida, being more
particularly df/scribfld as foliaIt'S:
CommenCfJ at the Northwest corner of the Southeast 1/4 of Section
21, Township 28 South, I?onge 16 East, Pinel/as County, Florida;
thflnce on the West boundary thereof, South 00-09'52" East, a
distance of 866.66 feet; thenc~ d~parting said West boundary, North
70-24'12" East, a distonc~ of 78.95 fetlt; thflnce South 64;1:1)19'44"
East, a disfoncfJ of 63.51 ~fJt, to the POINT OF BEGINNINC; thence
South 89.,9'44" East, a distance of 50.00 rfJ~t; thffncfJ South
00"'40"6" WfJst, a distanc~ of 65.00 fff~t; thtlnce North 89"'19'.{.4"
West, a distance of 85.00 fetlt; thencfJ North 00-#)'16" East, 0
distance of 65.00 feet; thtlnc~ South 89-,9'44" East, a distance of
J5.00 feflt, to the POINT OF BEGINNINC;
rhtl above d~scribfJd parcel contains 5525.00 square keto more or
less.
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EXHIBIT "B"
Att~sPed to and made a part of that certain LEASE AGREEMENT dated
199~ by and between the CITY OF CLEARWATER, FLORIDA ("Landlord"), and
Incorporate ("Tenant").
,
Tampa
(ACCESS EASEMENT)
TOGETHER WITH:
An t!asemtlnt for ingress, t!fJrtlss and utility purposes over across
thtl folIo wing dt!scribed parcel.
A parcel of land lying in the Southeast 1/4 and the Southwt!st f/'('
of Stlcf/on 21, TOWT7ship 28 South, Range 16 East, Pinel/as County,
Florida, being more particularly dt!scribed as follows:
CommenctJ at tht! Northwt!st 1/~ of the Southeast 1/4 of Section 21,
Township 28 South, I?ange 16 East, Pintlllas County, Florida; thenct!
on the Wftst boundary thereof, South 00"'09'52" East, a distance of
866.66 fetlt, to tht! POINT OF BECINNING; thenct! dtlparting said West
boundary. North 70"'24'12" East, a distance of 78.95 ftlet; thenCt!
South 54"'19'44" East, a distance of 53.51 fet!t; thtlnce North
89.,9'4-4" West, a distance of JS.OO feet; thenctJ South 00"'40'16H
West, a distanct! of 11.26 ft!et; thence North 64"'19'4-4" West, a
distanctJ of 26.1S fetlt; thtlnce South 70"'24'12" West, a distance of
121.79 feet; thence South 43.43'53" West, a distance of 27.46 feet;
thtlflce South 01 "'16 'Or East, a distance of 369.08 ftltd; thence
South 01.09'54" West, a distance of 158.18 feet; tht!nce South
Orr09'05" East, a distanctJ of 1129.96 feet to the inttJrsection with
thtl Northerly right of way line of State I?ood No. 580; thenct! on
said right of way line, South 89.47'59" Wut, a distance of 25. 00
ftltJt; thtlnctJ departing sold right of way line, North 00"'09'05"
Wt!st, a distanct! of l1Ja27 ftlet; thenctl North 01"'09'54" East, a
distanctJ of 167.9J fet!t; tht!nce North 01"'16'Or Wt!st, a distance of
J78.90 feet; thence North 4S.4.1'5J" East, a distance of 4.1.74 feet;
thence North 70"'24'12" East, a distance of 59.19 ftlt!t, to tht! POINT
OF BEGINNING;
The abo ve dtlscribtld parcel contains 1.08 acres, mort! or less.
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