HomeMy WebLinkAbout060-AT&T Wireless10B JUL I? AH il� IQ
Cell Site Number: OR -81 /Sanford
Address: 1701 Lowe Avenue
Sanford, Florida
OPTION AND LEASE AGREEMENT
THIS OPTION AND LEASE AGREEMENT ( "Agreement "), dated as of the date below, is entered into by the
CITY OF SANFORD, FLORIDA, a municipal corporation organized and existing under the laws of Florida,
having its principal office /residing at 300 North Park Avenue, Sanford, Florida 32772 -1788 (hereinafter referred
to as "Landlord ") and AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
Wireless Services, having an office at 11760 North U.S. Highway One, West Tower, 3rd Floor, North Palm
Beach, FL 33408 (hereinafter referred to as "Tenant ").
BACKGROUND
Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in
connection therewith, located at 1701 Lowe Avenue, City of Sanford, Seminole County, State of Florida and
more particularly described in Exhibit 1 attached hereto (collectively, "Property "). Tenant desires to use a
portion of the Property in connection with its federally licensed communications business.
Concurrent with the execution of this Agreement, Tenant represents and Landlord acknowledges that
T has entered into a separate sublease agreement with APT Tampa/Orlando, Inc. ( "APT Sublease "), dated
JAAij ft jK Zia , pursuant to which Tenant shall have the right to install, operate, maintain, repair,
replace, protect, and secure communication fixtures and related equipment, including antennas, cables,
accessories and improvements upon an existing communications structure ( "Adjacent Communications Facility")
located on the property adjacent to the Premises (as described in Paragraph 1 below).. Tenant desires to enter
into this Agreement for the purpose of acquiring ground space upon which it shall construct and maintain an
equipment shelter and associated facilities attendant to the operation of Tenant's Adjacent Communications
Facility.
The parties agree as follows:
1. OPTION TO LEASE. (a) Landlord hereby grants to Tenant an option (the "Option ") to
lease a portion of the Property measuring approximately 1707 square feet as described on attached Exhibit 2
(collectively the "Premises "), together with unrestricted access for Tenant's uses from the nearest public right -of-
way along the Property.
(b) During the Option period and any extension thereof, and during the term of this
Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the
Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or
engineering tests or studies of the Property ( "Tests "), to apply for and obtain licenses, permits, approvals, or other
relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and
include without limitation applications for zoning variances, zoning ordinances, amendments, special use permits,
and construction permits (collectively referred to as "Governmental Approvals "), and otherwise to do those things
on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the
physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the
feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will 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.
(c) Landlord covenants that during the Option and any extension thereof, Landlord shall
not cause or allow any changes, alterations, or modifications to occur to the condition or status of the Property,
including, but not limited to, zoning, land use designation, and status of title, that will adversely affect or impair
Tenant'
eAsct\at &t \0R -81 \Optionleaseagr.12.20.99 1 FL Land Option 7128199
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10B JUL I? AH il� IQ
Cell Site Number: OR -81 /Sanford
Address: 1701 Lowe Avenue
Sanford, Florida
OPTION AND LEASE AGREEMENT
THIS OPTION AND LEASE AGREEMENT ( "Agreement "), dated as of the date below, is entered into by the
CITY OF SANFORD, FLORIDA, a municipal corporation organized and existing under the laws of Florida,
having its principal office /residing at 300 North Park Avenue, Sanford, Florida 32772 -1788 (hereinafter referred
to as "Landlord ") and AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
Wireless Services, having an office at 11760 North U.S. Highway One, West Tower, 3rd Floor, North Palm
Beach, FL 33408 (hereinafter referred to as "Tenant ").
BACKGROUND
Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in
connection therewith, located at 1701 Lowe Avenue, City of Sanford, Seminole County, State of Florida and
more particularly described in Exhibit 1 attached hereto (collectively, "Property "). Tenant desires to use a
portion of the Property in connection with its federally licensed communications business.
Concurrent with the execution of this Agreement, Tenant represents and Landlord acknowledges that
T has entered into a separate sublease agreement with APT Tampa/Orlando, Inc. ( "APT Sublease "), dated
JAAij ft jK Zia , pursuant to which Tenant shall have the right to install, operate, maintain, repair,
replace, protect, and secure communication fixtures and related equipment, including antennas, cables,
accessories and improvements upon an existing communications structure ( "Adjacent Communications Facility")
located on the property adjacent to the Premises (as described in Paragraph 1 below).. Tenant desires to enter
into this Agreement for the purpose of acquiring ground space upon which it shall construct and maintain an
equipment shelter and associated facilities attendant to the operation of Tenant's Adjacent Communications
Facility.
The parties agree as follows:
1. OPTION TO LEASE. (a) Landlord hereby grants to Tenant an option (the "Option ") to
lease a portion of the Property measuring approximately 1707 square feet as described on attached Exhibit 2
(collectively the "Premises "), together with unrestricted access for Tenant's uses from the nearest public right -of-
way along the Property.
(b) During the Option period and any extension thereof, and during the term of this
Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the
Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or
engineering tests or studies of the Property ( "Tests "), to apply for and obtain licenses, permits, approvals, or other
relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and
include without limitation applications for zoning variances, zoning ordinances, amendments, special use permits,
and construction permits (collectively referred to as "Governmental Approvals "), and otherwise to do those things
on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the
physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the
feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will 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.
(c) Landlord covenants that during the Option and any extension thereof, Landlord shall
not cause or allow any changes, alterations, or modifications to occur to the condition or status of the Property,
including, but not limited to, zoning, land use designation, and status of title, that will adversely affect or impair
Tenant'
eAsct\at &t \0R -81 \Optionleaseagr.12.20.99 1 FL Land Option 7128199
(d) In consideration of Landlord granting Tenant the Option, Tenant hereby agrees to
pay Landlord the sum of One Dollar ($1.00), receipt of which is hereby acknowledged. The Option will be for an
initial term of six (6) months (the "Initial Option Term ").
(e) During the Initial Option Term and any extension thereof, Tenant may exercise the
Option by notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to the
Tenant subject to the following terms and conditions.
2. PERMITTED USE. Tenant may use the Premises, to: (i) construct and maintain an
equipment shelter, fencing and any other accessories, cables, and utilities (the "Communications Facility "),
necessary to the successful and secure operation of the Adjacent Communications Facility; and (ii) any activities
related to the foregoing (collectively, the Tenant's Permitted Use ").. Tenant has the right (i) to install and operate
transmission cables from the equipment shelter to the antennas, electric lines from the main feed to the equipment
shelter, and communication lines from the.main entry point to the equipment shelter and (ii) to erect, construct or
make Property improvements, alterations, or additions appropriate for Tenant's use ( "Tenant's Changes").
Tenant's Changes include the right to construct and maintain a fence around the Premises or undertake any other
appropriate means to restrict and secure access to the Premises. Landlord warrants that it has not caused, nor
will cause or allow the condition or status of the Property to be changed, altered or modified in any manner that
would adversely affect Tenant's Permitted Use of the. Premises.
3. INSTALLATIONS. Tenant agrees to comply with all applicable governmental laws, rules,
statutes and regulations, relating to its use of the Communications Facility on the Property. Tenant has the right
to modify, supplement, replace, upgrade, expand the equipment, or relocate the Communications Facility within
the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to
the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communications Facility
complies with all applicable federal, state or local laws, rules or regulations.
4. TERM. (a) In the event Tenant exercises the. Option, the initial lease term
( "Initial Term "), shall begin upon the Commencement Date, as defined below, and terminate on July 31, 2002.
(b) This Agreement will automatically renew for four (4) additional five (5) year terms
(collectively, the "Extension Term "), upon the same terms and conditions unless the Tenant notifies the Landlord
in writing of Tenant's intention not to renew this Agreement at least ninety (90) days prior to the expiration of the
existing term.
(c) If Tenant remains in possession of the Premises after the termination or expiration of
this Agreement then Tenant will be deemed to be occupying the Premises on a month to month basis (the
"Holdover Term "), subject to the terms and conditions of this Agreement.
(d) The Initial Term, and the Extension Term and the Holdover Term are collectively
referred to as the Term ( "Term ").
5. RENT. (a) Commencing on the date that Tenant commences construction (the
"Commencement Date "), Tenant will pay the Landlord a yearly rental payment of Thirteen Thousand Six
Hundred Dollars ($13,600.00), plus any applicable tax, to Landlord, at the address set forth above, on or before
the 5` day of each lease year in advance or to such other person, firm, or place as Landlord may, from time to
time, designate in writing at least thirty (30) days in advance of any due date. Rent will be prorated for any
partial month. As additional consideration, Tenant agrees to provide to Landlord three digital cellular telephones
manufactured by Nokia, Model Number 6160, three desk top chargers, and three car chargers; provided,
however, Tenant shall not be responsible for nor obligated to provide any warranty/service related work or to
replace, repair or update such phones as may be required. Additionally, Landlord shall be solely responsible for
obtaining, through a wireless carrier, the wireless service necessary to operate such phones.
(b) Tenant shall have the right to use a direct deposit system with regard to Rent payments.
Landlord agrees to cooperate with Tenant in providing requisite information to Tenant for such direct deposit. The
implementation of the direct deposit system shall be at Tenant's expense.
6. TERMINATION. This Agreement may be terminated, without penalty or further
liability, as follows:
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(a) by either party on thirty (30) days prior written notice, if the other party remains in
default under Paragraph 15 of this Agreement after the applicable cure periods;
(b) by Tenant on sixty (60) days prior written notice, if Tenant is unable to obtain,
maintain, or otherwise forfeits or cancels any required approval(s) or the issuance of a license or permit by any
agency, board, court or other governmental authority necessary for the construction or operation of the
Communications Facility as now and hereafter intended by Tenant; or if the Premises become unsuitable for
Tenant's operation due to governmental regulations; or if Tenant determines in its sole discretion that the cost of
obtaining or retaining the same is commercially unreasonable;
(c) by Tenant on sixty (60) days prior written notice, if Tenant determines in its sole
discretion that Tenant's use of the Premises (as the same may have been modified from time to time) is no longer
consistent with the optimal operation of Tenant's communications network based upon either technical or
economic considerations in Tenant's sole discretion;
(d) by Tenant on sixty (60) days prior written notice, if Tenant determines that interference
by or to Tenant's use of the Premises cannot be resolved to Tenant's satisfaction;
(e) by Tenant immediately upon notice, if destruction or damage to the Premises or the
A
taking thereof (by partial condemnation or otherwise) is sufficient, in Tenant's reasonable judgment, to adversely
affect Tenant's use of the Premises; or
(f) by Tenant immediately upon notice, if Tenant determines, in its sole discretion, due to
the title results, survey results or Tests, that the condition of the Premises is unsatisfactory or Tenant believes that
the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action or
intervention or third -party liability.
If this Agreement is terminated for any reason outlined in this paragraph, any prepaid rent will be refunded ,
on a prorata basis.
7. INSURANCE. (a) Tenant will carry during the Term, at its own cost and expense, the
following insurance: (i) "All Risk" property insurance for its property replacement cost; (ii) commercial general
liability insurance with a minimum limit of liability of $1,000,000 combined single limit for bodily injury or
death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by
law.
(b) Tenant will name the Landlord as an additional insured under its commercial general
liability policy. Tenant will require its insurance company to give at least thirty (30) days prior written notice of
termination or cancellation of the policy to the additional insured, except for termination or cancellation for non-
payment of premium, which notice will be ten (10) days.
(c) Notwithstanding anything in this Agreement, with respect to all loss, damage, or
destruction to the insured party's property (including rental value and business interruption) occurring during the
term of this Agreement, each of Landlord and Tenant hereby releases and waives all claims (except for willful
misconduct and negligence) against the other party, and against each of the other party's employees, agents, officers,
and directors. Landlord and Tenant will make a reasonable effort to include in their property insurance policy or
policies a waiver of subrogation provision whereby any such release does not adversely affect such policies or
prejudice any right of the insured party to recover thereunder.
8. INTERFERENCE. (a) Where there are prior existing radio frequency users on the
Property, the Landlord will provide Tenant with a list of all prior existing radio frequency users (and their
frequencies) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its
use of the Premises will not interfere with prior existing radio frequency users on the Property as long as the prior
existing radio frequency users operate and continue to operate within their frequencies, and in accordance with all
applicable laws and regulations.
(b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right
to any third party for use of the Propei y, if such use may in any way adversely affect or interfere with Tenant's
Communications Facility. Landlord will notify Tenant and receive Tenant's written approval prior to granting
any third party the right to install and operate communications equipment on the Property. Nothing contained
e:\scflat&t10R -8I \Optionleaseagr.12.20.99 3 FL Lend Option 7 128/99
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(a) by either party on thirty (30) days prior written notice, if the other party remains in
default under Paragraph 15 of this Agreement after the applicable cure periods;
(b) by Tenant on sixty (60) days prior written notice, if Tenant is unable to obtain,
maintain, or otherwise forfeits or cancels any required approval(s) or the issuance of a license or permit by any
agency, board, court or other governmental authority necessary for the construction or operation of the
Communications Facility as now and hereafter intended by Tenant; or if the Premises become unsuitable for
Tenant's operation due to governmental regulations; or if Tenant determines in its sole discretion that the cost of
obtaining or retaining the same is commercially unreasonable;
(c) by Tenant on sixty (60) days prior written notice, if Tenant determines in its sole
discretion that Tenant's use of the Premises (as the same may have been modified from time to time) is no longer
consistent with the optimal operation of Tenant's communications network based upon either technical or
economic considerations in Tenant's sole discretion;
(d) by Tenant on sixty (60) days prior written notice, if Tenant determines that interference
by or to Tenant's use of the Premises cannot be resolved to Tenant's satisfaction;
(e) by Tenant immediately upon notice, if destruction or damage to the Premises or the
A
taking thereof (by partial condemnation or otherwise) is sufficient, in Tenant's reasonable judgment, to adversely
affect Tenant's use of the Premises; or
(f) by Tenant immediately upon notice, if Tenant determines, in its sole discretion, due to
the title results, survey results or Tests, that the condition of the Premises is unsatisfactory or Tenant believes that
the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action or
intervention or third -party liability.
If this Agreement is terminated for any reason outlined in this paragraph, any prepaid rent will be refunded ,
on a prorata basis.
7. INSURANCE. (a) Tenant will carry during the Term, at its own cost and expense, the
following insurance: (i) "All Risk" property insurance for its property replacement cost; (ii) commercial general
liability insurance with a minimum limit of liability of $1,000,000 combined single limit for bodily injury or
death/property damage arising out of any one occurrence; and (iii) Workers' Compensation Insurance as required by
law.
(b) Tenant will name the Landlord as an additional insured under its commercial general
liability policy. Tenant will require its insurance company to give at least thirty (30) days prior written notice of
termination or cancellation of the policy to the additional insured, except for termination or cancellation for non-
payment of premium, which notice will be ten (10) days.
(c) Notwithstanding anything in this Agreement, with respect to all loss, damage, or
destruction to the insured party's property (including rental value and business interruption) occurring during the
term of this Agreement, each of Landlord and Tenant hereby releases and waives all claims (except for willful
misconduct and negligence) against the other party, and against each of the other party's employees, agents, officers,
and directors. Landlord and Tenant will make a reasonable effort to include in their property insurance policy or
policies a waiver of subrogation provision whereby any such release does not adversely affect such policies or
prejudice any right of the insured party to recover thereunder.
8. INTERFERENCE. (a) Where there are prior existing radio frequency users on the
Property, the Landlord will provide Tenant with a list of all prior existing radio frequency users (and their
frequencies) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its
use of the Premises will not interfere with prior existing radio frequency users on the Property as long as the prior
existing radio frequency users operate and continue to operate within their frequencies, and in accordance with all
applicable laws and regulations.
(b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right
to any third party for use of the Propei y, if such use may in any way adversely affect or interfere with Tenant's
Communications Facility. Landlord will notify Tenant and receive Tenant's written approval prior to granting
any third party the right to install and operate communications equipment on the Property. Nothing contained
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herein will restrict Tenant nor its successors and assigns from installing and modifying its /their communication
equipment.
(c) Landlord will not use, nor will Landlord permit its employees; tenants, licensees, invitees
or agents to use, any portion of the Property or any of Landlord's other properties in any way which interferes
with the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference
to cease upon not more than twenty-four (24) hour notice from Tenant. In the event any such interference does
not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable
injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in
equity, for Landlord's breach of this Agreement, to elect to enjoin such interference or to terminate the
Agreement upon notice to Landlord.
9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord
harmless from and against any direct injury, loss, damage or liability (or any claims in respect of the foregoing),
costs or expenses (including reasonable attorneys' fees and court costs) resulting from the installation, use,'
maintenance, repair or removal of the Communications Facility or the breach of any provision of this Agreement,
except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents
or independent contractors.
(b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any
and all direct injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses
(including reasonable attorneys' fees and court costs) arising from the actions or failure to act of Landlord or its
employees or agents, or the breach of any provision of this Agreement, except to the extent attributable to the
negligent or intentional act or omission of Tenant, its employees, agents or independent contractors.
10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it
is duly organized, validly existing and in good standing and has all rights, power and authority to enter into this
Agreement and bind itself hereto through the party set forth as signatory for the party below.
(b) Landlord represents and warrants that: (i) Landlord solely owns the Property as a legal
lot in fee simple, or controls the Property by lease or license, unencumbered by any liens, restrictions, mortgages,
covenants, conditions, easements, leases, or agreements of record or not of record, which would adversely affect
Tenant's use and enjoyment of the Premises under this Agreement; (ii) as long as Tenant is not in default then
Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iii) its
execution and performance of this Agreement will not violate any Laws, ordinances, covenants or the provisions
of any mortgage, lease or other agreement binding on the Landlord; and (iv) if the Property is or becomes
encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will use best efforts to
provide promptly to Tenant a Subordination, Non - Disturbance and Attornment Agreement in the form of Exhibit
3.
11. ENVIRONMENTAL. (a) Landlord represents, warrants and agrees that; to the best of
Landlord's knowledge: (i) the Property and its uses and operations complies, and will comply, with all local, state
and federal statutes or regulations, or ordinances pertaining to the environment or natural resources
( "Environmental Laws"); (ii) the Property has not been used or allowed to be used by Landlord or, to the best of
Landlord's knowledge, by any previous owner, to emit through ground, water or air, refine; manufacture,
generate, produce, store, contain, handle, transfer, process, treat, transport, or dispose of hazardous substances or
hazardous wastes, products or pollutants, including without limitation asbestos, oil, petroleum products and their
by- products, (collectively called "Hazardous Substance(s)") as defined and regulated under any Environmental
Laws; (iii) the Property has never been the subject of any federal or state Hazardous Substance(s) related list; (iv)
the Property has never required closure or clean -up of any Hazardous Substance(s); and (v) no asbestos,
Polychlorinated Biphenyls or other Hazardous Substance(s), underground storage tanks, or above ground storage
tanks exist or have existed or will exist on the Property.. Landlord warrants and represents that it will be solely
liable for the clean-up and removal df Hazardous Substance(s) and for any other activities, including but not
limited to the restoration of the Property, related in any way to Hazardous Substance(s) now and in the future
existing on the Property, except to the extent generated by Tenant. Landlord will defend, indemnify and hold
e:\scf\at &t \OR 81 \Optionleaseagr.12.20.99 4 FL Lana option 7/28/99
Tenant harmless from and against any and all direct liabilities, damages, losses, costs, assessments, penalties,
fines, expenses and fees, including reasonable legal fees, consultant fees and expert witness fees, related to
Landlord's breach of any of the above representations and warranties.
(b) Tenant represents, warrants and agrees to conduct its activities on the Premises in
compliance with all applicable Environmental Laws. Tenant will not use, generate,. release, manufacture, refine,
produce, store, or dispose of any Hazardous Substance(s) on, under, or about the Premises, except for the use of
sealed batteries for emergency back -up, any fire suppression system and small quantities of cleaning products
ordinarily used by commercial businesses. Tenant agrees to defend, indemnify and hold Landlord harmless from
and against any and all direct liabilities, damages, losses, costs, assessments, penalties, fines, expenses and fees,
including reasonable legal fees, that Landlord may suffer due to the existence or discovery of Hazardous
Substance(s) on the Property, or released into the environment that are directly caused by Tenant's use of the
Premises.
(c) The indemnifications of this Paragraph specifically include reasonable costs, expenses
and fees incurred in connection with any investigation of Property conditions or any clean-up, remedial, removal
or restoration work required by any governmental authority. The provisions of this Paragraph will survive the
expiration or termination of this Agreement.
12. ACCESS. Landlord will be permitted access to the Premises: (i) for emergencies without
prior notice to Tenant, so long as Tenant is notified as soon thereafter as reasonably practicable; and (ii) with
reasonable prior notice to Tenant to make necessary repairs; in all cases provided that Tenant's equipment,
technology and proprietary interests remain secure and the Communications Facility's operation is not adversely
affected.
At all times throughout the term of this Agreement, and at no additional charge to Tenant, Landlord will
provide, as further set forth in Exhibit 2, Tenant and its employees, agents, and subcontractors, with twenty -four
hour, seven day access to and over the Property, from an open and improved public road to the Premises, for the
installation, maintenance and operation of the Communications Facility and any utilities serving the Premises.
Upon Tenant's request, Landlord will execute an easement evidencing this right. In the event any public utility is
unable to use the access or easement provided to Tenant then the Landlord hereby agrees to grant an additional
access or easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant.
13. REMOVAURESTORATION. All portions of the Communications Facility brought onto the
Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by
Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communications Facility
constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a
part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature
constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may
be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of
this Agreement, Tenant will remove all such improvements. Tenant will, to the extent reasonable, restore the
Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty
or other causes beyond Tenant's control excepted. Tenant will not be responsible for the replacement of any
trees, shrubs, or other vegetation, nor will Tenant be required to remove from the Premises or the Property any
foundations or underground utilities.
14. MARSTENANCE/UTILITIES. (a) Tenant will, at Tenant's expense, keep and maintain
the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will
maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear
and tear and damage from the elements.
(b) Tenant will be solely responsible for and promptly pay all utilities charges for
electricity, telephone service or any other utility used or consumed by Tenant on the Premises. Landlord will
fully cooperate with any utility company requesting an easement over, under and across the Property in order for
the utility company to provide service to the Tenant. During any application period the Tenant will have the right
to temporarily use Landlord's electricity and will pay the Landlord the current local utility rate for electricity
e:\scflat &t \OR -81 \Optionleaseagr.12.20.99 5 FL Land Option 7 /28/99
4
Tenant harmless from and against any and all direct liabilities, damages, losses, costs, assessments, penalties,
fines, expenses and fees, including reasonable legal fees, consultant fees and expert witness fees, related to
Landlord's breach of any of the above representations and warranties.
(b) Tenant represents, warrants and agrees to conduct its activities on the Premises in
compliance with all applicable Environmental Laws. Tenant will not use, generate,. release, manufacture, refine,
produce, store, or dispose of any Hazardous Substance(s) on, under, or about the Premises, except for the use of
sealed batteries for emergency back -up, any fire suppression system and small quantities of cleaning products
ordinarily used by commercial businesses. Tenant agrees to defend, indemnify and hold Landlord harmless from
and against any and all direct liabilities, damages, losses, costs, assessments, penalties, fines, expenses and fees,
including reasonable legal fees, that Landlord may suffer due to the existence or discovery of Hazardous
Substance(s) on the Property, or released into the environment that are directly caused by Tenant's use of the
Premises.
(c) The indemnifications of this Paragraph specifically include reasonable costs, expenses
and fees incurred in connection with any investigation of Property conditions or any clean-up, remedial, removal
or restoration work required by any governmental authority. The provisions of this Paragraph will survive the
expiration or termination of this Agreement.
12. ACCESS. Landlord will be permitted access to the Premises: (i) for emergencies without
prior notice to Tenant, so long as Tenant is notified as soon thereafter as reasonably practicable; and (ii) with
reasonable prior notice to Tenant to make necessary repairs; in all cases provided that Tenant's equipment,
technology and proprietary interests remain secure and the Communications Facility's operation is not adversely
affected.
At all times throughout the term of this Agreement, and at no additional charge to Tenant, Landlord will
provide, as further set forth in Exhibit 2, Tenant and its employees, agents, and subcontractors, with twenty -four
hour, seven day access to and over the Property, from an open and improved public road to the Premises, for the
installation, maintenance and operation of the Communications Facility and any utilities serving the Premises.
Upon Tenant's request, Landlord will execute an easement evidencing this right. In the event any public utility is
unable to use the access or easement provided to Tenant then the Landlord hereby agrees to grant an additional
access or easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant.
13. REMOVAURESTORATION. All portions of the Communications Facility brought onto the
Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by
Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communications Facility
constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a
part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature
constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may
be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of
this Agreement, Tenant will remove all such improvements. Tenant will, to the extent reasonable, restore the
Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty
or other causes beyond Tenant's control excepted. Tenant will not be responsible for the replacement of any
trees, shrubs, or other vegetation, nor will Tenant be required to remove from the Premises or the Property any
foundations or underground utilities.
14. MARSTENANCE/UTILITIES. (a) Tenant will, at Tenant's expense, keep and maintain
the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will
maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear
and tear and damage from the elements.
(b) Tenant will be solely responsible for and promptly pay all utilities charges for
electricity, telephone service or any other utility used or consumed by Tenant on the Premises. Landlord will
fully cooperate with any utility company requesting an easement over, under and across the Property in order for
the utility company to provide service to the Tenant. During any application period the Tenant will have the right
to temporarily use Landlord's electricity and will pay the Landlord the current local utility rate for electricity
e:\scflat &t \OR -81 \Optionleaseagr.12.20.99 5 FL Land Option 7 /28/99
t
consumed by Tenant. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the
right, at its own cost and expense, to submeter from the Landlord. Tenant will pay on a monthly basis the current
local utility company rate for submetered electricity, after the meter is read by the Landlord and billed to Tenant.
i
Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of
Landlord, of such services to be furnished or supplied by Landlord.
15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by
Tenant and a breach of this Agreement: (i) non - payment of Rent if such rent remains unpaid for more than thirty
(30) days after receipt of written notice of such failure to pay from Landlord; or (ii) Tenant's failure to perform
any other term or condition under this Agreement within forty -five (45) days after receipt of written notice from
Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to
cure such default within such period and provided that such efforts are prosecuted to completion with reasonable
diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant.
(b) The following will be deemed a default by Landlord and a breach of this Agreement.
Landlord's failure to perform any term or condition under this Agreement within forty -five (45) days after receipt
of written notice from Tenant specifying the failure, or Landlord is in breach of any warranty or covenant under
this Agreement including the provisions of Paragraph 2 above.. No such failure, or breach, however, will be
deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are
prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes
beyond the reasonable control of Landlord.
16. ASSIGNMENT /SUBLEASE. (a) Landlord may assign this Agreement provided said
assignee will assume, recognize and also become responsible to Tenant for, the performance of all of the terms
and conditions to be performed by Landlord under this Agreement.
(b) Tenant may assign or sublet all or any part of the Premises, and all or any rights,
benefits, liabilities and obligations of this Agreement provided that the assignee or sublessee assumes, recognizes
and also agrees to become responsible to the Landlord for the performance of all terms and conditions of this
Agreement. Upon notification to Landlord by Tenant of any such action, Tenant will be relieved of all future
performance, liabilities and obligations under this Agreement to the extent of such assignment or sublease.
17. NOTICES. All notices, requests, demands and communications hereunder will be given by
first class certified or registered mail, return receipt requested, or by a recognized overnight courier, postage
prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be
addressed to the parties at the addresses set forth above (as to Tenant, Attn.: Site Acquisitions Manager, AT &T
Wireless Services, Re: Cell Site #OR -81 /Sanford, 2400 Maitland Pkwy., Ste. 110, Maitland, Florida 32751;
with a copy to AT &T Wireless Services, Cell Site #OR -81 /Sanford, West Tower, Third Floor, 11760 North
U.S. Highway One, North Palm Beach, FL 33408, Attn.: Real Estate Counsel). Either party hereto may change
the place for the giving of notice to it by written notice to the other as provided herein.
18. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the
remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were
not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this
Agreement then the Agreement may be terminated by either party on ten (10) days prior written notice to the
other party hereto.
19. TAXES. Tenant will pay all personal property taxes assessed on, or any portion
of such taxes attributable to, the Communications Facility. Tenant, upon presentation of sufficient and proper
documentation, will pay, within thirty (30) days, any increase in real property taxes levied against the Property
(excluding any additional taxes that relate to the period prior to the Commencement Date, i.e., rollback taxes)
which is directly attributable to Tenant's use of the Property, provided Tenant will be entitled to appeal any such
increase payable by it. Landlord agrees that it will cooperate with an appeal of such taxes and will promptly pay
when due all real estate taxes levied against the Property.
20. CONDEMNATION. In the event Landlord receives notification of any , condemnation
proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty -eight
eAscflat &t \0R -81 \Optionleaseagn 12.20.99 6 FL Land Option 7/28/99
(48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole
determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title
vests in the condemning authority. The parties will be entitled to share in the condemnation proceeds in
proportion to the values of their respective interests in the Property, which for Tenant, will include, where
applicable, the value of its Communications Facility, moving expenses, prepaid rent, and business dislocation
expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis.
21. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property
within forty-eight hours of the casualty. If any part of the Communications Facility or Property is damaged by
fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may
terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of
the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance
proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis.
22. BROKER FEES. Landlord acknowledges and represents that no broker or other person
was used by it in connection with this transaction. If any claims, actions or proceedings are brought against either
party ( "Indemnitee ") by reason of any broker, finder or other person claiming to have dealt with the other party
( "Indemnitor ") in connection with this transaction and /or the Premises, then the Indemnitor hereby agrees to
indemnify, hold harmless and defend the Indemnitee from and against all liabilities arising from such claims, and
all reasonable costs and expenses incurred in connection therewith (including, without limitation, reasonable legal
fees and disbursements). The provisions of this Paragraph will survive the termination of this Agreement.
23. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised
unless done in writing and signed by an authorized agent of Landlord and Tenant. No provision may be waived
except in writing signed by both parties.
(b) Short Form/Memorandum of Agreement. Either party will, at any time upon fifteen
(15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Short
Form/Memorandum of Agreement. Either party may record this memorandum at any time, in its absolute
discretion.
(c) Bind and Benefit. The terms and conditions contained in this Agreement will run with
the Property and inure to the benefit of the parties, their respective heirs, executors, administrators, successors
and assigns.
(d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part
hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and
agreements.
(e) Governing Law. This Agreement will be governed by the laws of the state in which the
Premises are located, without regard to conflicts of law.
(f) Interpretation. Unless otherwise specified, the following rules of construction and
interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the
construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean
"including but not limited to "; (iii) whenever a party's consent is required under this Agreement, except as
otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld,
conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into
this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable, and tvi) refer *nce to a
default will take into consideration any applicable notice, grace and cure periods.
(g) Estoppel. Either party will, at any time upon fifteen (15) days prior written notice from
the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is
unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this
Agreement, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in
advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the
part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be
eascf\ at& t \0R- 81 \Option]easeagr.12.20.99 7 FL Land option Vn8199
conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such a
statement within such time will be conclusive upon the requesting party that (i) this Agreement is in full force and
effect, without modification except as may be properly represented by the requesting party, (ii) there are no
i
uncured defaults in either party's performance, and (iii) no more than one month's rent has been paid in advance.
(h) No Option. The submission of this Agreement for examination or consideration does not
constitute a reservation of or option for the Premises. This Agreement will become effective as an Agreement
only upon the legal execution, acknowledgment and delivery hereof by Landlord and Tenant.
(i) Radon Gas. In accordance with Florida law, the following notice is hereby given to
Tenant: " 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 HEALTH DEPARTMENT."
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed with an effective date of
"LANDLORD"
WITNESSES: CITY OF SANFORD, FLORIDA, a municipal
corporation organ' and existing under the laws of
���LQ.lYl�2iLJLQGc�� Florida
P' t ame• a C W 5 By:
Mayo rd, ida
Pr t Name: A 11is Vfj Print N Lox r V A. . lo►1e,
B y: (1)aww . AoAaahv,�
Clerk of the City of SaWid, Flori
Print Name: ,.b ne+ 1 •
Federal ID No: 59- 6000425
[SEAL]
"TENANT"
AT &T WIRELESS SERVICES OF FLORIDA, INC.,
a Florida corpor tion
By:
Walter D. Tanner
System Development Manager, Network Realization
}
[ACKNOWLEDGMENTS ON NEXT PAGE]
e:\ scf\ at& t \OR- 81 \Optionleaseagr.12.20.99 8 FL Land Option 7/28/99
TENANT
STATE OF 2 1 0 r' 1
) SS:
COUNTY OF
The foregoing instrument was acknowledged before me thi 0 day of JO . by
Walter D. Tanner, System Development Manager, Network Realization, of AT &T WIRELESS SERVICES OF
FLORIDA, INC. (a Florida corporation), d/b /a AT &T WIRELESS SERVICES on behalf of the corporation><
who is personally known to me W1W has pro as identi ica
q TERESA A- *TORRE
My Comm EXP. 12/6/2002
No. CC 795250
Personally Known I : Other I.D.
STATE OF FIoriacL )
ss:
COUNTY OF % 1 i n 0l — )
Notary Pu _
Print Name: l •e.•Y" S' c7 r/ `
My Commission Expires: Y d
LANDLORD
The foregoing instrument was acknowledged before me this IQ4 day of jantaLry , ,ZDUD by
UIr l' DOS le- the Mayor of Sanford, Florida, a municipal corporation existing under the laws of
Florida, (4 who is personally known OR O who has produced as identification.
AY Pu DIANE CREW5
e Notary Public
COMMISSION # CC 655670
C EXPIRES JUN 15, 2001 Print Name: Z1 Crew
eB I
df My Commission Expires: _J 1�►ne IS 2-co
� ATLANTIC BONDING Co., INC. /
LANDLORD
STATE OF F l Of i d a )
) ss:
COUNTY OF Se m � nol e )
The foregoing instrument was acknowledged before me this Q44 day of 2006 by
J ahet W N . the Clerk of the City of Sanford, Florida, a municipal corporatio existing under the
laws of Florida, who is personally known OR O who has produced as
identification.
A�i.L.LZlY�r2 -� 1�/1 D /i mod.
6�' DIANE CREWS Notary Public /�
�, COMMISSION # CC 655670 Print Name: D i ane C r ete, S
EXPIRES JUN 15, 2001
BONDDD"U My Commission Expires: ,JLu% 2 M, 2W I
OR i�AfiLANTIC BONDING CO., INC.
e:\scf\at &t \OR -81 \Optionleaseagr.12.20.99 9 FL Land Option 7/28/99
r
' EXHIBIT 1
1 DESCRIPTION OF PROPERTY
1
to the Agreement dated _ Z� by and between the City of Sanford, Florida, as
4 y LL--,
Landlord, and AT &T WIRELESS SE CES OF FLORIDA, INC., a Florida corporation, d/b AT &T
i WIRELESS SERVICES, as Tenant.
is described and/or depicted as follows:
The Property ,
The South 1212.4 feet of Lot 7, PINE LM MUM, according to
the plat thereof as recorded in Plat Book 9, Page 27, of the
Public Records of Seminole County, Florida.
4
Note
1, if the foregoing description is not a metes and bounds legal description, the parties agree to replace the foregoing description with a metes and
bounds legal description of the Property upon receipt thereof.
FL Lend Onflm 7/28/99
r
I
I
i EXHIBIT 2
I
DESCRIPTION OF PREMISES
Page • Hof
to the Agreement dated u �L, 2crb by and between the City of Sanford, Florida, as
i Landlord, and AT &T WIRELESS SER CES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
i
WIRELESS SERVICES, as Tenant.
The Premises are described and/or depicted as follows:
20A0 FEET MWE ACCESS EASEMENT
(By others)
A Twenty (20) foot wide non - exclusive access easement for ingress /egress and
utilities purpose, lying ten (10) feet left and ten (10) feet right of a centerline
being more particularly described as follows:
For a Point of Reference Commence at the Southeast comer of said Lot 7;
Thence S 89' 58' 02' W. 217.07 feet along the South boundary line of said Lot
7; Thence deporting sold South boundary line N 00' 00 00" W. 270.07 feet .to
the Southeast comer of the previously described project area; Thence N 90' 00'
00` W 40.0 feet; Thence N 00' 26' 19" W. 30.0 feet, Thence S 90' 00' 00" E.
2010 feet to a Point of Beginning; Thence N 00' 26' 19" W, 662.28 feet; Thence
S 89' 33' 41" W. 135.0 feet; Thence N 2r 37' 49' W. 70.9 feet, Thence N 90'
00' 00' W. 90.0 feet; Thence S 44' 43' 18" W, 505.0 feet, Thence S 28' 33'
08" W. 47.21 feet, Thence S 01' 17' 54' W, 511.14 feet; Thence S 53' 10' 34"
W. 13.42 feet to o point along the East right -of -way line of S. Lowe Avenue
(& Oregon Avenue per Plot), sold point also being a Point of Termination.
The sidelines of easement to be shortened or prolonged to meet at angle point
and /or boundary lines.
15.00 FEET WX V17LITY EASEMENT
(By others)
A fifteen (15) foot wide non - exclusive easement for utilities purposes lying seven
and one -half (7.5) feet left and seven and one -half (7.5) feet right of o
centerline being more particularly described as follows:
For a Point of Reference Commence at the Southeast comer of said Lot 7;
Thence S 89' 58' 02' W, 217.07 feet along the South boundary line of sold Lot
7; Thence deporting sold South boundary line run N 00' 00' 00" W. 270.07 feet
to the Southeast comer of the previously described project area; Thence N 90'
00' 00" W. 7.50 feet to o Point of Beginning; Thence S 00' 00' 00" E, 262.56
feet, Thence S 89' 59' 02" W, 47.61 feet; Thence N 89' 59' 35' W 616.16
feet, Thence N 00' 00' 25" W. 24.27 feet to a Point of Termination.
The sidelines of easement to be shortened or prolonged to most at angle point
and /or boundary lines.
40.00 FEET z 42.87 FEET LEASE AREA
lying within the following described parent tract
The South 1212.4 feet of Lot 7, PINE LAKE GROVES, oecordJng to the Plot
thereof as recorded in Plot Book. 9. Page 27 of the Public Records of Seminole
County, Florida.
more particularly described as follows:
Commence at the Southeast comer of. said Lot 7; Thence S 89' 58' 02" W.
217.07 feet along the South boundary line of said Lot 7; Thence departing sold
South boundary line N 00' 00' 00" W, 270.07 feet to the Southeast comer of a
30.00 feet x 40.00 feet area, also being the Point of Beginning of the following
described parcel; Thence run N 90'00'00" W 40.00 feet; Thence run S 00
E, 42.67 feet; Thence run S 90 E, 40.00 feet; Thence run N 00 W
42.67 feet to the Point of Beginning. Containing 1,706.8 square feet or 0.039
acres more or less.
20.00 FEET LNGRESS /EGRESS & OTHM EASEMENT
Ong within the following described parent trocl:
The South 1212.4 feet of Lot 7, PINE LAKE GROVES according to the Plot
thereof as recorded In Plat Book 9. Page 27 of the Public Records of Seminole
County. Ronda.
tying 10.00 feet on both sides of the following described centerline:
Commence at the Southeast comer of said Lot 7; Thence S 89' 58' 02" W,
217.07 feet along the South boundary line of said Lot 7; Thence deporting said
South boundary line N 00' 00' 00' W. 227.40 feet to the Southeast comer of a
40.00 feet x.42.67 feet area; Thence S 90' 00' 00" E, 10.00 feet to the Point
of Beginning; Thence N 00'00'00" W, 82.67 feet, Thence N 90' 00' 00" W, 30.31
feet, Thence N 00'26'19' W. 652.28 feet: Thence 's 8933'41' W. 135.00 feet;
Thence N 2x37'49' W. 70.90 feet; Thence N 90'00'00" W. 90.00 feet, Thence S
44'43'18" W, 505.00 feet; Thence S 28 W,`47.21 feet; Thence S
01'17'54" W, 511.14 feet, Thence S 53'1034" W, 13.42 feet to the Cost
right -of -way One of Lowe Avenue, said point also being a Point of Termination.
The sidelines of easement to be shortened or prolonged to meet of angle points
end project boundary lines.
abtes
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant
2. Any setback of the Premises from the Property's boundarics .-hall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
at, ;.arid r - tim 7P)MO
EXH BIT 2
DESCRIPTION OF PREMISES
Page - of
to the Agreement dated U l� taw by and between the City of Sanford, Florida, as
Landlord, and AT &T WIRELESS SE CES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
'WIRELESS SERVICES, as Tenant.
The Premises are described and/or depicted as follows:
lW 1 W11d M & k
SITE: OR-81
SANFORD WEST
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No UAX
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Notes
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant.
2. Any setback ofthe Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
.3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
I
.
EXHIBIT 2
i
DESCRIPTION OF PREMISES
Page of ,
to the Agreement dated UX� j2, Z 00 by and between the City of Sanford, Florida, as
Landlord, and AT &T WIRELESS SE CES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
f
WIRELESS SERVICES, as Tenant.
The Premises are described and/or depicted as follows:
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16
Notcs•
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. •
4. The type, number and mounting positions and locations of antennas and transmission lines are
illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
Ft, Lanrl n*rlion 7/28199
Prepared by
Stacy C. Frank, Esquire
Frank & Gramling
P.O. Box 1991
Tampa, FL 33601 -1991
Return to:
AT &T Wireless Services
Attn: Real Estate Counsel
11760 North U.S. Highway 1
West Tower, Third Floor ,
North Palm Beach, Fl 33408
Cell Site No.: OR -81 /Sanford
State: Florida
County :Seminole
SUBORDINATION,
NON- DISTURBANCE
AND ATTORNMENT AGREEMENT
THIS AGREEMENT ( "Agreement), dated as of the date below, between
the , having its principal office /residing at
(hereinafter referred to as "Mortgagee ") and CITY OF SANFORD, FLORIDA, a municipal corporation organized
and existing under the laws of the State of Florida, having its principal office /residing at 300 North Park Avenue,
Sanflord, FL (hereinafter referred to as "Landlord "), and AT &T WIRELESS SERVICES OF FLORIDA, INC., a
Florida corporation, d/b /a AT &T WIRELESS SERVICES, having an office at 11760 North U.S. Highway One,
West Tower, 3rd Floor, North Palm Beach, FL 33408 (hereinafter referred to as "Tenant ").
WITNESSETH:
WHEREAS, Tenant has entered into a certain Option and Lease Agreement dated
(the "Lease ") with Landlord, covering property more fully described in Exhibit 2 attached hereto
and made a part hereof (the "Premises "); and
WHEREAS, Landlord has given to Mortgagee a mortgage (the "Mortgage ") upon property having a street
address of being identified as Lot in Block in the
of County, State of ( "Property"), a part of which
Property contains the Premises;
WHEREAS, the Mortgage on the property is in the original principal sum of
Dollars ($ ) , which Mortgage has been recorded in the appropriate public office in and for
County, ( "Mortgage "); and
WHEREAS, Tenant desires to be assured of continued occupancy of the Premises under the terms of the
Lease and subject to the terms of this Agreement;
FL Land Option 712W9
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein
contained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally
bound hereby, agree as follows:
1. So long as this Agreement will remain in full force and effect, the Lease is and will be subject and
subordinate to the lien and effect of the Mortgage insofar as it affects the real property and fixtures of which the
Premises forms a part (but not Tenant's trade fixtures and other personal property), and to all renewals,
modifications, consolidations, replacements and extensions thereof, to the full extent of the principal sum secured
thereby and interest thereon, with the same force and effect as if the Mortgage had been executed, delivered, and
duly recorded among the above - mentioned public records, prior to the execution and delivery of the Lease.
2. In the event Mortgagee takes possession of the Premises as mortgagee -in- possession, including
but not limited to by deed in lieu of foreclosure or foreclosure of the Mortgage, Mortgagee agrees not to affect or
disturb Tenant's right to possession of the Premises and any of Tenant's other rights under the Lease in the
exercise of Mortgagee's rights so long as Tenant is not then in default, after applicable notice and /or grace
periods, under any of the terms, covenants, or conditions of the Lease.
3. In the event that Mortgagee succeeds to the interest of Landlord or other landlord under the Lease
and/or to title to the Premises, Mortgagee and Tenant hereby agree to be bound to one another under all of the
terms, covenants and conditions of the Lease; accordingly, from and after such event, Mortgagee and Tenant will
have the same remedies against one another for the breach of an agreement contained in the Lease as Tenant and
Landlord had before Mortgagee succeeded to the interest of Landlord; provided, however, that Mortgagee will not
be:
(a) personally liable for any act or omission of any prior landlord
(including Landlord); or
(b) bound by any rent or additional rent which Tenant might have paid for
more than the one month in advance to any prior landlord (including
Landlord).
4. In the event that anyone else acquires title to or the right to possession of the Premises upon the
foreclosure of the Mortgage, or upon the sale of the Premises by Mortgagee or its successors or assigns after
foreclosure or acquisition of title in lieu thereof or otherwise, Tenant agrees not to seek to terminate the Lease by
reason thereof, but will remain bound unto the new owner so long as the new owner is bound to Tenant (subject to
paragraph 3 above) under all of the terms, covenants and conditions of the Lease.
5. Mortgagee understands, acknowledges and agrees that notwithstanding anything to the contrary
contained in the Mortgage and/or any related financing documents, including, without limitation, any UCC -1
financing statements, Mortgagee will acquire no interest in any furniture, equipment and/or other property installed
by Tenant on the Property. Mortgagee hereby expressly waives any interest which Mortgagee may have or acquire
with respect to such furniture, equipment and/or other property of Tenant now, or hereafter, located on or affixed to
the Property or any portion thereof and Mortgagee hereby agrees that same do not constitute realty regardless of the
manner in which same are attached or affixed to the Property.
i
i
6. This Agreement will be binding upon and will extend to and benefit the successors and assigns of
the parties hereto and to any assignees or subtenants of Tenant which are permitted under the Lease. The term
"Mortgagee ", when used in this Agreement will be deemed to include any person or entity which acquires title to or
the right to possession of the Premises by, through or under Mortgagee and/or the Mortgage, whether directly or
indirectly.
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed this day of
WITNESS /ATTEST: LANDLORD: CITY OF SANFORD, FLORIDA
a municipal corporation organized and existing under
the laws of Florida
Print Name:
Print Name:
WITNESS /ATTEST:
Print Name:
Print Name:
WITNESS /ATTEST:
Print Name:
BY:
Mayor of Sanford, Florida
Print Name:
BY:
Clerk of the City of Sanford, Florida
[SEAL]
TENANT:
AT &T WIRELESS SERVICES OF FLORIDA, INC.
a Florida corporation
BY:
Name:
Walter D. Tanner
Title:
System Development Manager, Network Realization
MORTGAGEE:
WLEDGMENTS ON NEXT PAGE]
FL Land Option 7128/99
BY:
Name:
Title:
TENANT
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of by Walter D.
Tanner, System Development Manager, Network Realization of AT &T WIRELESS SERVICES OF FLORIDA,
INC., a Florida corporation, d/b /a AT &T WIRELESS SERVICES, on behalf of the corporation, O who is
personally known OR who has produced as identification.
Notary Public
Print Name:
My Commission Expires:
LANDLORD
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of by
the Mayor of Sanford, Florida, a municipal corporation organized and existing
under the laws of Florida, ( )who is personally known OR O who has produced
as identification.
Notary Public
Print Name:
My Commission Expires:
LANDLORD
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of by
the Clerk of the City of Sanford, Florida, a municipal corporation organized and
existing under the laws of Florida, ( )who is personally known OR O who has produced
as identification.
Notary Public
Print Name:
My Commission Expires:
FL Lana option 7/28/99
MORTGAGEE
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of by
[name of representative] the jtitle] of
[name of banking institution], a corporation on
behalf of the corporation O who is personally known OR O who produced as
identification.
a
Notary Public
Print Name
My Commission Expires:
FL Land Option 7/28/99
�i
EXHIBIT 2
DESCRIPTION OF PREMISES
Page Hof ?
to the Agreement dated by and between the City of Sanford, Florida, as
Landlord, and AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
WIRELESS SERVICES, as Tenant.
The Premises are described and/or depicted as follows: '
x,00 FELT RIDE ACCESS FitlSel�(i
(By others)
A Twenty (20) foot wide non- excimlye access easement for ingross/egross and
utilities purpose, lying ten (10) feet left and ten (10) feet right of a aenferline
being more particularly described as follows:
For a Point of Reference Commence at the Southeast comer of said Lot 7.
Thence S 89' 56' 02' W. 217 °07 feet along the South boundary fine of said Lot
7. Thence deporting said South boundary line N 00' 00' 00" W 270.07 feet to
the Southeast comer of the previously described project area; Thence N 90 00'
00 W 40.0 feet. Thence N 00' 26' 19' W. JO.0 feet. Thence S 90' 00' 00'
20.0 feet to a Point of Beginning; Thence N 00' 26' 19' W. 662.28 feet. Thence
S 89' 33' 41" W. 135.0 lest. Thence N 27 jr 49' W, 70.9 feet. Thence N 90'
00' 00' W 90.0 lose Thence S 44' 43' 18' W 505.0 feet. Thence S 28' 33'
08" W. 47.21 feet. Thence S 01' 17' 54" W, 511.14 feet- Thence S 53' 10' 34"
W. 13.42 feet to a point along the East right -of -way fine of S. Lowe Avenue
(a Oregon Avenue per Plot), sold point also being a Point of Termination.
The sldelines of easement to be shortened or prolonged to meet at angle pant
and /or boundary lines.
15, 00 FEET 1IDE UTZLfTY MU
(By others)
A fifteen (15) foot wile non - exclusive easement for utilities purposes lying seven
and one -half (7.5) feet left and seven and one -hall (7.5) lest right of a
centerline being more portk:ulady described as follows:
For a Point of Reference Commence of the Southeast comer of said Lot 7.
Thence S Sr S8' 02' W. 217.07 feet along the South boundary line of sold Lot
7. Thence deporting said South boundary line run N 00' 00' 00' W. 270.07 feet
to the Southeast comer of the previously described project area, Thence N 90'
00' 00' W. 7.50 fact to o Point or Beginning; Thence S 00' 00' 00' E, 262.56
feet, There S 119' 59' 02' W. 47.61 feet. Thence N 89' 59' 35" W. 616.16
feet, Thence N 00' 00' 25' W 24.27 feet to a Point of Termination.
The sidelines of easement to be shortened or prolonged to meet of angle point
and/or boundary iinesi
40.00 FEAT z 42.69 I= LEASE AREA
lying within the following described parent tract:
The South 1212.4 feet of Lot 7, PINE LAKE GROVES, according to the Plat
thereof as recorded In Plat Book. 9. Page' 27 of the Public Records of Seminole
County. Florida.
more particularly described as follows:
Commence at the Southeast comer of sold Lot 7. Thence S 89' 58' 02' W,
217.07 feet along the South boundary line of sold Lot 7. Thence deporting sold
South boundary line N 00' 00' 00" W 270.07 feet to the Southeast comer of a
30.00 feet x 40.00 feet area, also being the Point of Beginning of the following
described parcel, Thence run N 90'00'00' W. 40.00 feet. Thence run S 00
E. 42.67 feet. Thence run S 90'00'00" E, 40.00 feet. Thence run N 00 W
42.67 feet to the Point of Beginning. Containing 1,706.8 square feet or 0.039
acres more or less.
20.00 FF:E1' INGM de EASENENENT
lying within the following described parent truce
The South 1212.4 feet of Lot 7, PINE LAKE GROVES, according to the Plat
thereof as recorded In Plot Book 9. Pogo 27 of the Public Records of Seminole
County, Florida ,
lying 10.00 feet on both sides of the following described centerline:
Commence at the Southeast comer of sold Lot 7. Thence S 89' S8' 02" W.
217.07 foot along the South boundary Mo of said Lot 7. Thence departing sold
South boundary line N 00' 00' 00" W, 227.40 feet to the Southeast comer of o
40.00 feet x .42.67 feet .area. Thence S 90' 00' 00' & 10.00 feet to the Point
of Beginning: Thence N 00 W. 82.67 feet. Thence N 90' 00' 00' W. J0.31
leek- Thence N 00'26'19" W. 652.28 feet Thence S 69'33'41' W. 135.00 feet.
Thence N 2737'49' W 70.90 feet. Thence N 90'00'00" W. 90.00 feet. Thence S
44'43'18' W, 505.00 fast. Thence S 26'33'08" W,• 47.21 feet, Thence S
01 W, 511. 14 feet, Thence S 53'10'J4' W. 13.42 feet to the East
right -of -way line of Lowe Avenue, sold point also being o Pant of Termination. '
The "lines of easement to be shortened or prolonged to meet at angle points
and project boundary Imes.
-
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
EXH BIT 2
DESCRIPTION OF PREMISES
Page � •of 13
to the Agreement dated _, by and between the City of Sanford, Florida, as
Landlord, and AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
WIRELESS SERVICES, as Tenant.
The Premises are described and/or depicted as follows:
M-- -T Wrd mLser%im
SITE: OR-81
SANFORD WEST
1
1 1 •
1
1
(M ST 240 1
3TASaJ ACCESS I •
1 1
1 1
tasn�e
Ta.a rwo aaTt
I
eaa Td�ie
K PRDPONO IC —D'
z+vtartt MKeJOt STAGUZED ACCESS .
T MOCt DRIVE
MIS
a
-
Lwow -
r+p 1
lU1R b
IV" WPAIN
tOIP�CNT
�IIIOwO
T
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aA a . n UuS A180 NT
pRpppp , SITELAYOUT' aD �. y
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above
i
` EXHIBIT Z
DESCRIPTION OF PREMISES
Page 3 of_
! to the Agreement dated _, by and between the City of Sanford, Florida, as
f Landlord, and AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
WIRELESS SERVICES, as Tenant-
The Premises are described and/or depicted as follows: '
1 .a ? A 6
J J v: ti :n t
t .
MW
1 1 n°w aman
1 1
1. 1
• 1 , Mrns
o I
H
_AZ= ACCEW 1 '
°D .o ° n w aa� 1 • aaeror.
AOsswoor 1
FI „ Itl
$UWECI• ' •�
1 G �ury ama,
rllata itOPOSED LEASE '
sawNt (s oo E eY)
1.706." SQ. Fr )
it Mat 1 SSS DS�ALL r ax o
WNW 1 41 IN
1 `
,X
+►'a� un�m a
M Otat9t / YIt111' j t/t•bY �,
MAC
w ratr etr aair 1 asi y
a taum u� er w r. rac a K u o
M
N otes* ,
L This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant.
2. Any setback ofthe Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. '
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
i
Prepared by
Stacy C. Frank, Esquire
Frank & Gramling
P.O. Box 1991
Tampa, FL 33601 -1991
Return to:
AT &T Wireless Services
Attn: Real Estate Counsel
11760 North U.S. Highway 1
West Tower, Third Floor
North Palm Beach, Fl 33408
Cell Site No.: OR -81 /Sanford
State: Florida
County: Seminole
MEMORANDUM
OF
LEASE
This Memorandum of Agreement is entered into on this day of , 2000, by and between
CITY OF SANFORD, FLORIDA, a municipal corporation organized and existing under the laws of the State of
Florida, with an office at 300 North Park Ave., Sanford, Florida (hereinafter referred to as "Landlord ") and AT &T
WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T WIRELESS SERVICES, with an
office at 11760 North U.S. Highway One, West Tower, 3rd Floor, North Pahn Beach, FL 33408 (hereinafter
referred to as "Tenant" ).
1. Landlord and Tenant entered into an Option and Lease Agreement (" Agreement ") on the day of
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.
2. The term of the Agreement is for an initial six (6) month option period, to be followed (unless a
Release is recorded) by an initial term commencing on the date that Tenant commences construction
and terminating on July 31, 2002, with four (4) successive five (5) year options to renew.
3. The land which is the subject of the Agreement is described in Exhibit 1 annexed hereto. The portion
of the land being leased to Tenant (the "Premises ") is described in Exhibit 2 annexed hereto.
4. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs,
successors, and assigns, subject to the provisions of the Lease.
FL Land Option 7128/99
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and, year first
above written.
WITNESSES:
"LANDLORD ".
CITY OF SANFORD, FLORIDA, a municipal
corporation organized and existing under the laws of
Florida.
By:
Mayor of Sanford, Florida
Print Name:
By:
Clerk of the City of Sanford, Florida
Print Name:
[SEAL]
"TENANT"
AT &T WIRELESS SERVICES OF FLORIDA, INC.,
a Florida corporation
By:
Walter D. Tanner
Its: System Development Manager, Network
Realization
;DGMENTS ON NEXT PAGE]
FL Land Option 7!28/99
TENANT
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before ;me this day of , by Walter D.
Tanner, System Development Manager, Network Realization, of AT &T WIRELESS SERVICES OF FLORIDA,
INC., a Florida corporation, d/b /a AT &T WIRELESS SERVICES, on behalf of the corporation, O who is
personally known OR who has produced as identification.
Notary Public
Print Name:
My Commission Expires:
LANDLORD
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of by
the Mayor of Sanford, Florida, a municipal corporation organized and existing
under the laws of Florida, ( )who is personally known OR O who has produced
as identification.
Notary Public
Print Name:
My Commission Expires:
LANDLORD
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of by
, the Clerk of the City of Sanford, Florida, a municipal corporation organized
and existing under the laws of Florida, ( )who is personally known OR O who has produced
as identification.
Notary Public
Print Name:
My Commission Expires:
FL Land Option 7128199
i
EXHIBIT 2
DESCRIPTION OF PREMISES
I Page _of ,?L
to the Agreement dated by and between the City of Sanford, Florida, as
Landlord, and AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
WIRELESS SERVICES, as Tenant.
i ,
The Premises are described and/or depicted as follows: '
20.00 FEET I/LDR ACCESS E AMM
(BY others)
A Twenty (20) foot wide non - exclusive access easement for ingress /egress and
u tuttr ss purpose, tying ten (f0) feet left and ten (10) feet right of a contorting
be /ng more partkulorty described
as follows:
For o Point of Reference Commence at the Southeast corner of said Lot 7;
Thence S 89' 58' 02' W. 217.07 feet along the South boundary one of said Lot I �
7; Thence departing sold South boundary line N 00' 00' 00" W 270.07 feet to
the Southeast comer of the previously described project area; Thence N 90' 00'
00' W. 40.0 feet' Thence N 00' 26' 19' W. J0.0 feet. Thence S 90' 00' OD'
20.0 feet to a Point of Beginning; Thence N 00' 26' 19' W. 662.28 feet' Thence
S 89.' J3' 41' W, iJ&0 feet' Thence N 27' J7' 49' W 70.8 fee- Thence N 90'
00' 00' W 90.0 fee - Thence S 44' 43' 18' W. 505.0 fee- Thence S 28' 3J'
08' W. 4721 fee - Thence S 01' 17' 54' W. 511.14 fee - Thence S 5J' 10' 34"
W. 13.42 feet to a point along the East right -of -way line of S. Lowe Avenue
(S. Oregon Avenue per Plat), sold point also being a Point of Termination.
The sidelines of easement to be shortened or prolonged to meet at angle point
and /or boundary lines.
15.00 FEEL VMS U77LITr rre.Sl aw
(BY others)
A fifteen (15) foot wide non- exciusive easement for utilities purposes tying seven
and one -half (7.5) feet left and seven and one -half (7.5) feel right of a
centerline being more particularly described as follows:
For a Point of Reference Commence of the Southeast comer of said Lot 7;
Thence S 89' 58' 02' W, 2f707 feet along the South boundary line of said Lot
7; Thence departing said South boundary fine run N 00' 00' 00" W. 270.07 feet
to the Southeast comer of the previously described project area, Thence N 90'
00' 00' W 750 feet to a Point of Beginning; Thence S 00' 00' 00" E 262.56
fee- Thence S 89' 59' 02' W 47.61 fee- Thence N 89' 59' 35' W, 616.16
fee- Thence N 00' 00' 25" W 24.27 feet to a Pant of Termination.
The skWms of easement to be shortened or prolonged to most of angle point
and/or boundary fines.
50.00 FEET z 41B7 ,FEEP .r,eait An>c!e
tying within the following described parent Wet:
The South 1212.4 feet of Lot 7, PINE LAKE GROVES, according to the Plat
thereof as recorded In Plot Book, 9, Page 27 of the Public Records of Seminole
County, Florida
more par iculddy described as follows:
Commence of the Southeast comer of said Lot 7. Thence S 89' 58' 02' W
217.07 loot along the South boundary fine of sold Lot 7; Thence departing said
South boundary line N 00' 00' 00' W. 270.07 feet to the Southeast comer of a
30.00 feet x 40.00 feet are% at" being the Point of Beginning of the following
described parcel; Thence run N 90 W. 40.00 feet; Thence run S 00'00'00'
E. 42.67 feet; Thence nun S 90'0000' E, 40.00 feet; Thence run N 00'00'00' W
42.67 feet to the Point of Beginning. Containing 1,706.8 square feet or 0.039
acres more or less.
20.00 FEET NC F_S"OE¢S & U77LITY FA. E F.NT
tying within the following described parent tract:
The South 12124 feet of Lot 7 PINE LAKE GROVES, according to the Plat
thereof as recorded in Plat Book 9, Pop 27 of the Public Records of Seminole
County, Florida
tying 10.00 feet on both sides of the following described centerline:
Commence at the Southeast comer of said Lot 7; Thence S 89' 58' 02' W,
217.07 feet along the South boundary line of said Lot 7; Thence departing said
South boundary One N 00' 00' 00' W. 227.40 feef to the Southeast comer of a
40.00 foot x .42.67 feet aroo, Thence S 90' 00' 00' E, 10.00 feet to the Point
of Beginning: Thence N 00'00'00' W 62.67 fee - Thence N 90' 00' 00' W, 30.31
fee- Thence N 00'2819" W 652.28 fee - Thence 'S 89'33'41' W. 135.00 feet.
Thence N 2737'49' W. 70.90 fee- Thence N 90'00'00" W. 90.00 feet. Thence S
44'43'18" W, 505.00 feet. Thence S 28'JJ08" W,' 47.21 feet' Thence S
01'1754' W, 511.14 fee - Thence S 53'l0J4' W IJ.42 toot to the East ,
right -of -way line of Lowe Avenue. said point also being a Point of Termination. ,.
The sidelines of easement la be shortened or prolonged to meet of angle points
and project boundary lines.
y ;
otcs: '
1. This Exhibit may be replaced by a land survey of the Premises once it is received by TcnanL
2. Any setback of the Premises from We Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
-- - - -- -- - -- - -- - -- I ---- I -.- -rr—_._ o ., . ---- ..._..._... r ....__ ......... � .._
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
I
EXHIBIT 2
€
1
DESCRIPTION OF PREMISES
Page of
to the Agreement dated _, by and between the City of Sanford, Florida, as
j
Landlord, and AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation, d/b /a AT &T
WIRELESS SERVICES, as Tenant
The Premises are described and/or depicted as follows:. '
N
.
LA VC�=
to r. w OX own
M
I
1
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frolaJm evrrortee
1 • r�Nmu>fiiNa�
1
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1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant
2. Any setback of the Premises firm the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities. including police and fire departments. '
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and
mounting positions may vary from what is shown above.
Form W -9 Re uest for Tax a ti
(Rev. December 1996)
Department of the Treasury
Internal Revenue Service
q V y
Identification Number and Certification
y Name (if a joint account or you changes your name, see specinc instructions
`a Business name, if different from above. (See Specific Instructions on page 2.)
` Check appropriate box: ❑ Individual/Sole proprietor ❑ Corporati
Address (number, street, and apt. or suite no.)
City, State, and ZIP code
Give form to the
requester. Do NOT
send to the IRS.
on page
Other
name
Taxpayer Identification Number (TIN) List account number(s) here (optional)
Enter your TIN in the appropriate box. For .
individuals, this is your social security number
(SSN). However, if you are a resident alien OR a Social security number
sole proprietor, see the instruction on page 2. I ( -�-
For other entities, it is your employer 7.F r Payees Exempt From Backup
identification number (EIN). If you do not have a OR thholding (See the instructions
number, see How To Get a TIN on page 2. Employer identification number page 2.)
Note: If the account is in more than one name, I I
see the chart on page 2 for guidelines on whose
number to enter. ►
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. 1 am not subject to backup withholding because: (a) 1 am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding.
Certification Instructions. – You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2. Does not
apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 2.)
Here
I Signature No-
Date►
Purpose of Form. —A person who is
include interest, dividends, broker and
5. You do not certify your TIN when
required to file an information return with
barter exchange transactions, rents,
required. See the Part III instructions on ..
the IRS must get your correct taxpayer
royalties, nonemployee pay, and certain
page 2 for details.
identificafion number (TIN) to report, for
payments from fishing boat operators.
Certain payees and payments are
example, income paid to you, real estate
Real estate transactions are not subject to
exempt from backup withholding. See the
transactions, mortgage interest you paid,
backup withholding.
Part II instructions and the separate
acquisition or abandonment of secured
If you give the requester your correct
Instructions for the Requester of Form
property, cancellation of debt, or
TIN, make the proper certifications, and
W -9.
contributions you made to an IRA.
report all your taxable interest and
Penalties
Use Form W -9 to give your correct TIN
dividends on your tax return, payments
Failure To Furnish TIN. if you fail to
to the person requesting it (the requester)
you receive will not be subject to backup
furnish your.correct TIN to a requester,
and, when applicable, to:
withholding. Payments you receive will be
you are subject to a penalty of $50 for
1. Certify e TIN you are giving is
ty y g g '
subject to backup withholding if:
each such failure unless your failure is due
correct (or you are waiting for a number to
1. You do not furnish your TIN to the
to reasonable cause and not to willful
be issued),
requester, or
neglect.
2. Certify you are not subject to
2. The IRS tells the requester that you
Civil Penalty for False Information With
backup withholding, or
furnished an incorrect TIN, or
Respect to Withholding. —If you make a
3. Claim exemption from backup
3. The IRS tells you that you are
false statement with no reasonable basis
withholding if you are an exempt payee.
subject to backup withholding because you
that results in no backup withholding, you
Note: Ifa requester gives you a form other
did not report all your interest and
are subject to a $500 penalty.'
than a W -9 to request your TIN, you must
dividends on your tax return (for reportable
Criminal penalty for Falsifying
use the requester's form if it is
interest and dividends only), or
information.— Willfully falsifying
substantially similar to this Form W -9.
4. You do not certify to the requester
certifications or affirmations may subject
What Is Backup Withholding— Persons
that you are not subject to backup '
you to criminal penalties including fines
making certain payments to you must
withholding under 3 above (for reportable
and /or imprisonment.
withhold and pay to the IRS 31% of such
interest and dividend accounts opened
Misuse of TINS. —If the requester
payments under certain conditions. This is
after 1983 only), or
discloses or Uses TINS in violation of
called "backup withholding." Payments that
Federal law, the requester may be subject
may be subject to backup withholding
to civil and criminal penalties.
Cat. No. 10231X
Form w -9 (Rev. 12 -96)
F
I r• 1
Form W -9 (Rev. 12 -96)
Page 1 1
Part II—For Payees Exempt From Backup
and certain other income paid to you,
Specific Instructions
Withholding
mortgage interest you paid, the acquisition or
Name. —If you are an individual, you must
Individuals (including sole proprietors) are not
abandonment of secured property,
cancellation of debt, or contributions you made
generally enter the name shown on your social
security card. However, if you have changed
exempt from backup withholding. Corporations
to an IRA. The IRS uses the numbers for
your last name, for instance, due to marriage,
are exempt from backup withholding for
certain payments, suqh as interest and
identification purposes and to help verify the
accuracy of your tax return. The IRS may also
without informing the Social Security
Administration of the name change, enter your
dividends. For more irlfprmation about exempt
provide this information to the Department of
first name, the last name shown on your social
f
payees, see the sepafate instructions for the
Requester of Form W.9,
Justice for civil and criminal litigation and to
cities, states, and the District of Columbia to
i security card, and your new last name.
If you are exempt from backup
carry out their tax laws.
If the account is in joint names, list first
withholding, you should still complete this form
You must provide your TIN whether or not you
and then circle the name of the person or
to avoid possible erroneous backup
are required to file a tax return. Payers must
entity whose number you enter in Part 1 of the
withholding. Enter your correct TIN in Part I,
generally withhold 31% of taxable interest,
form.
write "Exempt" in Part 11, and sign and date the
dividend, and certain other payments to a
The grantor trusteel
form•
payee who does not give a TIN to a payer.
Sole Pro lietor. —You must enter our
A y
Certain penalties may also apply.
Individual name as shown on your social
If you are a nonresident alien or a foreign
security card. You may enter your business,
entity not subject to backup withholding, give
What Name and Number To
trade, or "doing business as" name on the
the requester a completed Form W-8,
Exchange Accounts Opened After 1983 and
business name line.
Certificate of Foreign Status.
Valve the Keq uester
Other Entities. — Enter the business name
For this type of account:
Give name and SSN of:
as shown on required Federal tax documents.
1. Individual
The individual
This name should match the name shown on
Part II— Certification
2. Two or more
The actual owner ofthe
the charter or other legal document creating
individuals Qotnt
account or, if combined
the entity. You may enter any business, trade,
For a joint account, only the person whose TIN
account)
funds, the first individual
on the accountl
or "doing business as" name on the business
is shown in part 1 should sign (when required).
3. Custodian account of
The minor
name line.
11. Interest, Dividend, and Barter
a minor (Uniform Gift
Exchange Accounts Opened Before 1984
to Minors Act)
and Broker Accounts Considered Active
4. a. The usual
The grantor trusteel
Part I— Taxpayer Identification Number
During 1983. You must give your correct TIN
revocable savings
(TIN)
but you do not have to sign the certification.
trust tr stee) Is
You must enter your TIN in the appropriate
2. Interest, Dividend, and Barter
b. so -caned trust
The actual ownerl
box. if you are a resident alien and you do not
Exchange Accounts Opened After 1983 and
account that Is not
a legal or valid trust
have and are not eligible to et an SSN, our
g g y
Broker Accounts Considered Inactive
under state law
TIN is your IRS individual taxpayer
During 1983. You must sign the certification
S. Sole proprietorship
The owner
Identification number (ITIN). Enter it in the
or backup withholding will apply. If you are
social security number box. If you do not have
subject to backup withholding and you are
For this type of account:
Give name and EIN of:
an ITIN, see How To Get a TIN below.
merely providing your correct TIN to the
requester, you must cross out item 2 in the
6. Sole proprietorship
The owner
If you are a sole proprietor and you have an
certification before signing the form.
7. A valid trust, estate, or
Legal entity
EIN, you may enter either your SSN or EIN.
3. Real Estate Transactions. You must
pension trust
a. Corporate
The corporation
However, using your EIN may result in
sign the certification. You may cross out item
9. Association, dub,
The organization
unnecessary notices to the requester.
2 of the certification.
religious, charitable,
Note: See the chart on this page for further
4. Other Payments. You must give your
or other
tax-exempt
tax-exempt
t
clarification of name and TIN combinations.
correct TIN, but you do not have to sign the
y
organization
How To Get a TIN.—If you do not have a TIN,
certification unless you have been notified that
you have previously given an incorrect TIN.
10. Partnership
The partnership
The broker
apply for one immediately. To apply for an
"Other Payments" include payments made in
11. A broker or registered
nominee
or nominee
SSN, get Form SS-5 from your local Social
the course of the requester's trade or business
12. Account with the
The public entity
Security Administration office. Get Form W -7
for rents, royalties, goods (other than bills for
Department of
to apply for an ITIN or Form SS-4 to apply for
merchandise), medical and health care
Agriculture in the name
an EIN. You can get Forms W -7 and SS-4
services (including payments to corporations),
of a public entity (such
as a state or local
from the IRS by calling 1- 800 -TAX -FORM (1-
payments to a nonemployee for services
government, school
800- 829 - 3676).
(including attorney and accounting fees), and
district, or prison) that
If you do not have a TIN, write "Applied
payments to certain fishing boat crew
receives agricultural
For" in the space for the TIN, sign and date
9
members.
ro payments
List first ram and circle the name
of the person whose
the form, and give it to the requester. For
5. Mortgage Interest Paid by You,
number you furnish. If only one person on a joint account
interest and dividend payments, and certain
Acquisition or Abandonment of Secured
has an SSN, that person's number must be furnished.
payments made with respect to readily
property, Cancellation of Debt, or IRA
2 Ctrcle the minor's name and furnish the minor's SSN.
tradable instruments, you will generally have
Contributions. You must give your correct
3 You must show your individual name, but you may also
60 days to get a TIN and give it to the
TIN, but you do not have to sign the
enter your business or - doing business as" name. You
may use either your SSN or EIN (if you have one).
requester. Other payments are subject to
certification.
4 List first and circle the name of the legal trust, estate, or
backup Withholding..
pension trust. (Do not furnish the TIN of the personal
Note: Writing Applied For" means that you
Privacy Act Notice
representative or trustee unless the legal entity itself is
not designated In the account fide.)
have already applied for a TIN OR that you
intend to apply for one soon.
Section 6109 of the Internal Revenue Code
Note: If no name Is circled when more than one name is
requires you to give your correct TIN to
listed, the number will be considered to be that ofthe first
arsons who must file information returns with
name listed
F
the IRS to report interest, dividends,
s �
A 13 AM ii 20
Cell Site ID: OR- 081 /Sanford
State: Florida
County: Seminole
FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT
This Agreement is entered into, as of this 3rd day of May, 2000, by and between CITY OF
SANFORD, FLORIDA, a municipal corporation organized and existing under the laws of Florida,
( "Landlord ") , having an address at 300 North Park Ave., Sanford, Florida 32772 -1788 and AT &T
WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation ( "Tenant "), having an address at
11760 U. S. Highway One, West Tower, West Palm Beach, Florida 33408.
RECITALS
(A) Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges
arising in connection therewith, identified as 1701 Lowe Avenue, Seminole County, State of
Florida and more particularly described in Exhibit 1 attached hereto (collectively, "Property).
(B) On or about January 12, 2000, Landlord and Tenant entered into an Option and Lease
Agreement (hereinafter referred to as "Lease "), whereby Landlord agreed to Lease a portion
of the Property (Premises), as described in attached Exhibit 2, to Tenant for the purpose of
constructing, operating and maintaining a Communications Facility as defined in Paragraph
2., "PERMITTED USE" of the Lease.
(C) Landlord and Tenant desire to amend the Lease to increase the rent on an annual basis.
Now therefore, in consideration of the sum of TEN DOLLARS and other good and valuable
consideration, a receipt of which is hereby acknowledged, both Landlord and Tenant agree as
follows:
OPERATIVE PROVISIONS
The above recitals are true and correct and are incorporated herein.
Landlord and Tenant agree that Paragraph 5 (a) of the Lease is amended to include
the following language: `Beginning with year two (2) of the Initial Term, and each year
thereafter, including throughout any Extension Terms exercised, the annual rent will be
increased by three percent (3 %) over the previous year's rent."
Except as amended hereby, all of the terms and conditions of the Lease remain in full
force and effect and the Parties acknowledge and agree that each Party is in full
compliance with the terms of the Lease and that the Lease remains in good standing.
IN WITNESS WHEREOF the Parties hereto set their hand and seal thiO day of May, 2000.
(SIGNATURES ON FOLLOWING PAGE)
OR -081.1 Amendment.4 -26 -00
Witnesses as to Landlord
Print Name: n r . w s
rd
yu Lw il � W _
Witnesses as to Tenant
& R,
Print Name: o! .?>4-
Prmt Name: UO rs n4i M - M 4� C,Y'S
STATE OF FLORIDA
COUNTY OF ORANGE
fq_\W17i�i7:i�
[SEAL] -
CITY OF SANFORD, FLORIDA, a
municipal corporation organized and xisting
under the layj56f Florida
By:
ayor of Sanford, Florida
Print Name: Larry A. Dale
B
Clerk of the City of k anford, F rida
Pr mt Name: Janet R. Dougherty
TENANT:
AT &T WIRELESS SERVICES OF
FLORIDA, INC., a Florida corporation
Walter D. Tanner
System Development Manager
The foregoing instrument was acknowledged before me this 16 day of M 2000,
by Walter D. Tanner, the System Development Manager of AT &T Wireless Services of Florid , Inc., a
Florida corporation, on behalf of the corporation, w is personally known tome or has produced a —
as identification.
P% Ronda R Buza
** My Commission CC922130
Expires March 26.2004
c',- P. 8 WAZ,
Notary Public 0
Print Name: J4- R. �9
My Commission Expires:
OR -081.1` Amendment.4 -26 -00
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this L -+ day of M , 2000, by
Larry A. Dale, the Mayor of Sanford, Florida, a municipal corporation existing under the laws of Florida,
(J) who is personally known to me OR ( } who has produced - as
identification.
!� DIANE CREWS
COMMISSION # CC 655670
EXPIRES JUN 15, 2001
BONDED THRU
) ATLANTIC BONDING CO., INC.
c 2 ct';�
Notary Public
Print Name: Cr ew
My Commission Expires: unu I S 2 C0 1
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this L [ 4 h day of M QV , 2000, by
Janet R Dougherty, the Clerk of the City of Sanford, Florida, a municipal corporation existing under the
laws of Florida, ( who is personally known to me OR ( ) who has produced
as identification.
DIANE CREWS
COMMISSION # CC 655670
EXPIRES JUN )5 2001
BONDED THRU
(*O CO., INC.
_ c
Notary Public
Print Name: 1 Q rvz C 2 W S
My Commission Expires: L5 - 00
OR- 081.1 Amendment.4 -26-00
EXHIBIT 1
To the Agreement dated the 3rd day of May, 2000, by and between the City of Sanford, Florida, as
Landlord, and AT &T Wireless Services of Florida, Inc., a Florida corporation, d/b /a AT &T Wireless
Services, as Tenant
The Property is described and/or depicted as follows:
The South 1212.4 feet of Lot 7, PINE LAIE GROVES, according to
the plat thereof as recorded in Plat Hook 9, Page 27, of the
Public Records of Seminole County, Florida.
OR -081.1" Ammdment.4 -26 -00
EXHIBIT 2
(Page 1 of 3)
To the Agreement dated the 3rd day of May, 2000, by and between the City of Sanford, Florida, as
Landlord, and AT &T Wireless Services of Florida, Inc., a Florida corporation, d/b /a AT &T Wireless
Services, as Tenant
The Premises is described and/or depicted as follows:
20.00 FESI' ME ACCESS EASEMENT
A othero)
A Twenty (20) foot wide non - exclusive access easement for ingress /egress and
utilities purpose, lying ten (10) feet left and ten (10) feet right of a centerlins
being more partcularly described as follows:
For a Point of Reference Commence at the Southeast corner of said Lot 7;
Thence S 89' 58' 02' W, 217.07 feet along the South boundary line of said Lot
7; Thence departing sold South boundary line N 00' 00' 00' W. 270.07 feet to
the Southeast comer of the previously described project area; Thence N 90' 00'
00' W. 40.0 feet, Thence N 00' 26' 19' W. JO.0 feet; Thence S 90' 00' 00' &
10.'0 feet to a Point of Beginning. Thence N 00' 26' 19' W, 662.18 feet; Thence
S 89,: 33' 41' W. 035.0 feet; Thence N 27' J7' 49' W, 70.9 feet; Thence N 90'
00' 00' W. 90.0 feet Thence S 44' 43' 18' W. 505.0 feet; Thence S .28' J3'
08' W, 47,21 feet Thence S O1' 17' 54' W, $11.14 feet Thence S 53' f0' J4'
W, 13.42 feet to a point along the East right -of -way line of S. Lowe Avenue
(S. Oregon Avenue per Plat), sold point also being a Point of Termination.
The sidelines of easement to be shortened or prolonged to meet of angle point
and/or boundary Unee.
15.00 FEET nE rN .Irv�s_EMENT
(By others)
A fifteen (15) foot wide non - exclusive easement for utilities purposes lying seven
and one -half (7.5) feet left and seven and one -hall (7.5) feet right of a
centertine being more particularly described as lollows:
For a Point of Reference Commence at the Southeast comer of said Lot 7;
Thence S 89' 58' 02' W, 217.07 feet. along the South boundary fine of sold Lot
7; Thence departing sold South boundary line run N 00' 00' 00' W. 270.07 feel
to the Southeast comer of the previously described project area; Thence N 90'
00' 00' W. 7.50 feet to a Point of Beginning; Thence S 00' 00' 00" E. 262.56
feet; Thence S 89' 59' 02' W, 47.61 feel; Thence N 89' 59' 35' W, 616.16
feet, Thence N 00' 00' 25' W, 24.27 feet to o Point of Termination.
The sidelines of easement to be shortened or prolonged to meet at angle point
and/or boundary lines.
4000 FEET x 4267 FEET LUIV, EEe
tying within the following described parent tract:
The South 1212.4 feel of Lot 7, PINE LAKE GROVES, according to the Plot
thereof as recorded In Plat Book, 9, Page 27 of the Public Records of Seminole
County, Florida.
mom particularly described as follows.
Commence at the Southeast comer of said Lot 7; Thence S 89' 58' 02' W,
217.07 feet along the South boundary fine of said Lot 7; Thence deporting said
South boundary line N 00' 00' 00' W, 270.07 feet to the Southeast comer of a
JO.00 feet x 40.00 feet area, also being the Point of Beginning of the following
described parcel. Thence run N 9(700'00' W. 40.00 feel; Thence run S 00'00'00'
E, 42.67 feet; Thence run S 90'00'00' E, 40.00 feel; Then" run N 00'00'00' W,
42.67 feet to the Point of Beginning. Containing 1,706.8 square feet or O.OJ9
acres more or less.
20.00 FEET LM2WM /EG= & U71UTY EecP,uFNT
lying within the following described parent tract:
The South 1212.4 feet of Lot 7, PINE (AKE GROVES according to the Platu
thereof as recorded In Plot Book 9, Page 27 of the Public Records of Seminole
County, Florida.
tying 10.00 feet on both sides of the following described centerline:
Commence of the Southeast comer of said Lot 7; Thence S 89' 58' 02' W,
217.07 feet along the South boundary line of said Lot 7; Thence departing said
South boundary line N 00' 00' 00' W. 227,40 feet to the Southeast comer of a
40.00 feet x .41.67 feet ores; Thence S 90' 00' 00" E, 10.00 feet to the Point
of Beginning; Thence N 00'00'00' W, SZ67 feet; Thence N 90' 00' 00' W. Jo.31
feet Thence N 007209' W. 652.28 feet; Thence S 89'3341' W. 115.00 feet
Thence N 22"J7'49' W. 70.90 feet Thence N 90'00'00' W, 90.00 feet; Thence S
44'4318' W, 565.00 feet; Thence S 28'JJ'08' W,' 47.21 feet Thence S
01'17'54' W, 511.14 feet Thence S 53'1034' W, iJ.42 feet to the East
right -of -way line of Lowe Avenue, said point also being a Point of Termination.
The sidelines of easement to be shortened or prolonged to meet at angle points
and project boundary lines.
OR -081.1 Amendment.4 -26 -00
EXHIBIT 2
(Page 2 of 3)
To the Agreement dated the 3rd day of May, 2000, by and between the City of Sanford, Florida, as
Landlord, and AT &T Wireless Services of Florida, Inc., a Florida corporation, d/b /a AT &T Wireless
Services, as Tenant
The Premises is described and /or depicted as follows:
AT T' W�eless servkDes
SITE: OR -81
SANFORD WEST
1 1
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1 DOST 210 1
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PROPOSED 20' -0'
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PRO�P;O W LEASE
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SITE LAYOU1 aD
OR- 081.1 Amendment.4 -26 -00 6
EXHIBIT 2
(Page 3 of 3)
To the Agreement dated the 3rd day of May, 2000, by and between the City of Sanford, Florida, as
Landlord, and AT &T Wireless Services of Florida, Inc., a Florida corporation, d/b /a AT &T Wireless
Services, as Tenant
The Premises is described and/or depicted as follows:
NNIM
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1.706.8.* SQ. FT)
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OR -081.1x Amendment.4 -26 -00 7
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1.706.8.* SQ. FT)
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OR -081.1x Amendment.4 -26 -00 7