054-APT-Derby ParkTHIS INSTRUMENT PREPARED
BY AND RETURN TO:
Corporate Legal Review
APT Tampa/Orlando, Inc.
5907 -B Hampton Oaks Parkway
Tampa, FL 33610
MEMORANDUM OF SITE AGREEMENT FOR LAND
THIS MEMORANDUM OF SITE AGREEMENT FOR LAND ( "Memorandum ") is made and entered into
by and between the CITY OF SANFORD, FLORIDA with an address of 300 North Park Avenue, Sanford, Florida
32772 -1788, as "Owner", and APT Tampa/Orlando, Inc., a Delaware corporation, with an address of 8410 W.
Bryn Mawr, Suite 1100, Chicago, IL 60631 -3486, "APT".
1. PREMISES. Owner and APT have entered into a Site Agreement for Land dated
January 13, 1997 (together with any amendments and modifications thereto, the "Site Agreement"), whereby
Owner has leased and APT has hired those certain premises in Seminole County, Florida, consisting of, among
other things, approximately 1200 square feet of land, as depicted and legally described on Exhibit "A" attached
hereto and hereby incorporated into this Memorandum and certain easements (the "Project Site").
2. TERM. The initial term of the Site Agreement shall be a period of five (5) and a fraction years
commencing as of the "Commencement Date," as defined herein below, and terminating on the 31st day of
December following the fifth (5th) annual anniversary of the Commencement Date unless otherwise terminated as
provided in the Site Agreement ( "initial Term ").
3. RENEWAL OPTIONS. In addition to the Initial Term and on and subject to the terms of the Site
Agreement, the Site Agreement term maybe automatically extended for four (4) consecutive periods of five (5)
years each. Each such extension shall be known hereinafter as a "Renewal Term." Hereinafter, the Initial Term,
together with any and all Renewal Terms, shall be known as the "Term" of the Site Agreement.
4. COMMENCEMENT. The "Commencement Date" is the date on which APT begins construction of
the APT Facilities (as defined in the Site Agreement). Accordingly, unless otherwise specifically
stated here: the Commencement Date shall be the date of APT s filing of a Notice of
Commencement in the public records of the county in which the Project Site is located.
5. LEASE INCORPORATED. All of the terms, conditions, provisions and covenants of the Site
Agreement are hereby incorporated herein as if fully set forth in this Memorandum. To the extent that any of the
terms hereof are inconsistent with the terms of the Site Agreement, the terms of the Site Agreement shall control.
In the event that an inspection of or reference to the full terms, conditions, provisions or covenants of the Site
SITE ID: A -2 -E -005 -D
SITE NAME: Sanford
EXHIBIT "A"
TO MEMORANDUM OF SITE AGREEMENT FOR LAND
Page 1 of 2
LEGAL DESCRIPTION OF PROPERTY.' ,
A PARCEL OF LAND LYING AND BEING WITHIN 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. BEING MORE PARTICULARLY 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO A POINT OF BEGINNING; THENCE
N 90'00'00'W, 40,0 FEET; THENCE N 00 30.0 FEET; THENCE
S 90 40.0 FEET; THENCE S 00'26'19'E, 30.0 FEET TO THE POINT
OF BEGINNING.
SAID PROJECT AREA CONTAINS 1200 SQUARE FEET, MORE OR LESS.
TOGETHER WITH A TWENTY (20) FOOT WIDE NON- EXCLUSIVE ACCESS EASEMENT FOR
INGRESS / EGRESS AND UTILITIES PURPOSES; 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 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00 - W 270.07 FEET TO THE S.E. CORNER OF THE PREVIOUSLY
DESCRIBED PROJECT AREA; THENCE N 90 40.0 FEET; THENCE N 00
30.0 FEET; THENCE S 90 20.0 FEET TO A POINT OF BEGINNING; THENCE
N 00'26'19'W, 513.26' FEET; THENCE N 38'43'19'W., 270..19 FEET; THENCE
N 90'00'00'W, 90.0 FEET; THENCE S 44 505.0 FEET; THENCE
S 28'33'08'W, 47.21 FEET; THENCE S O1'17'54'W, 511.14 FEET; THENCE S 53'10'34'W,
13,42 FEET TO A POINT ALONG THE EAST RIGHT -OF -WAY LINE OF S. LOWE AVENUE
(S, OREGON AVENUE PER PLAT), SAID POINT ALSO BEING A POINT OF TERMINATION.
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAID ACCESS EASEMENT CONTAINS 14,259 SQUARE FEET, MORE OR LESS.
TOGETHER WITH 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 A CENTERLINE BEING MORE PARTICULARLY 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO THE S.E. CORNER 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 FEET;
THENCE N 89 616.16 FEET; THENCE N 00 24.27 FEET TO A POINT
OF TERMINATION.
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAID ACCESS EASEMENT CONTAINS 40,703 SQUARE FEET, MORE OR LESS
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E -005 -D
Exhibit "A"
A PARCEL OF LAND LYING AND BEING WITHIN 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. BEING MORE PARTICULARLY 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO A POINT OF BEGINNING; THENCE
N 90'00'00'W, 40.0 FEET; THENCE N 00'26'19'W, 30.0 FEET; THENCE
S 90 40.0 FEET; THENCE S 00 30.0 FEET TO THE POINT
OF BEGINNING.
SAID PROJECT AREA CONTAINS 1200 SQUARE FEET, MORE OR LESS,
TOGETHER WITH A TWENTY (20) FOOT WIDE NON— EXCLUSIVE ACCESS EASEMENT FOR
INGRESS / EGRESS AND UTILITIES PURPOSES; 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 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO THE S.E. CORNER 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, 20.0 FEET TO A POINT OF BEGINNING; THENCE
N 00'26'19 513.26' FEET; THENCE N 38'43'19'W., 270..19 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 A POINT ALONG THE EAST RIGHT —OF —WAY LINE OF S. LOWE AVENUE
(S. OREGON AVENUE PER PLAT), SAID POINT ALSO BEING A POINT OF TERMINATION.
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAID ACCESS EASEMENT CONTAINS 14,259 SQUARE FEET, MORE OR LESS,
TOGETHER WITH 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 A CENTERLINE BEING MORE PARTICULARLY 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO THE S.E. CORNER OF THE PREVIOUSLY
DESCRIBED PROJECT AREA; THENCE N 90'00'00'W, 7.50 FEET TO A POINT OF
BEGINNING; THENCE S 00'00 262.56 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 MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAID ACCESS EASEMENT CONTAINS 40,703 SQUARE FEET, MORE OR LESS.
0
\\Apt - tafl -ntl\ site \ORLANDO\A -2 -E- 005 \005- d\RIGHT -OF -WAY 2.doc 07/29/97
SITE ID: A -2 -E -005 -D
SITE NAME: Sanford
REVISED EXHIBIT "B" TO SITE AGREEMENT FOR LAND
Page 1 of 2
SKETCH AND DESCRIPTION OF PROPERTY:
A PARCEL OF LAND LYING AND BEING WITHIN 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. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWSs
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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO A POINT OF BEGINNING; THENCE
N 90'00'00'W, 40.0 FEET; THENCE N 00 300 FEET; THENCE
S 90 40.0 FEET; THENCE S 00 30,0 FEET TO THE POINT
OF BEGINNING.
SAID PROJECT AREA CONTAINS 1200 SQUARE FEET, MORE OR LESS.
TOGETHER WITH A TWENTY (20) FOOT WIDE NON— EXCLUSIVE ACCESS EASEMENT FOR
INGRESS / EGRESS AND UTILITIES PURPOSES; 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 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO THE S.E. CORNER 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 20.0 FEET TO A POINT OF BEGINNING; THENCE
N 00'26'19'W, 513.26' FEET; THENCE N 38'43'19'W., 270.19 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 A POINT ALONG THE EAST RIGHT —OF —WAY LINE OF S, LOWE AVENUE
(S, OREGON AVENUE PER PLAT), SAID POINT ALSO BEING A POINT OF TERMINATION.
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAID ACCESS EASEMENT CONTAINS 14,259 SQUARE FEET, MORE OR LESS.
TOGETHER WITH 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 A CENTERLINE BEING MORE PARTICULARLY 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO THE S.E. CORNER 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 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 AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAID ACCESS EASEMENT CONTAINS 40,703 SQUARE FEET, MORE OR LESS
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SITE ID: A -2 -E -005 -D
SITE NAME: Sanford
REVISED EXHIBIT "B" TO SITE AGREEMENT FOR LAND
Page 2 of 2
SKETCH AND DESCRIPTION OF PROPERTY.'
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SITE ID: A- 2- E -005D
Trout Lake
SITE AGREEMENT FOR LAND
CS - ostf
This Site Agreement ( "Agreement ") entered into this /_ day of January, 1997, by and between City of
Sanford ( "Owner "), whose address is 300 North Park Avenue., Sanford, Florida 32772 -1788 and APT
Tampa /Orlando, Inc., a Delaware corporation, whose address is 8410W. Bryn Mawr, Suite 1100, Chicago, IL
60631 -3486 ( "APT'), provides for the granting and leasing of certain property interests on the following terms;
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1. PROPERTY. The property interests hereby leased and granted by Owner ( "Property ") shall include the
following:
[X] Real property comprised of approximately 1,200 square feet of land
[X] Non - exclusive easements required to run utility lines and cables
[X] Non - exclusive easement across Owners Property (hereinafter defined) for access
IN OR UPON THE Owner's real property ( "the Owner's Property "), located at 1701 Lowe avenue "Derby
Park ", in the County of Seminole, and further described on Exhibit "A" attached hereto and subject to the
specifications shown and described on said Exhibit "B" shall constitute the APT Facilities.
2. TERM. The term of this Agreement shall be Five (5) and a fraction years, with the first year commencing
on the date APT begins construction of APT's Facilities ( "Commencement Date ") and terminating on the 31 st day of
December following the fifth annual anniversary of the Commencement Date (the 'Term "), unless otherwise
terminated as provided in Paragraph 9. APT shall have the right to extend the Term for Four (4) successive five (5)
year periods (the "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall
automatically be extended for each successive Renewal Term, unless APT notifies Owner in writing of its intention
not to renew prior to the commencement of the succeeding Renewal Term.
3. RENT.
A. APT shall pay to Owner annual Rent in the amount of fourteen thousand four hundred and 00/100
dollars ($14,400) ( "Rent ") in quarterly payments of three thousand six hundred and 00/100 dollars ($3,600) on the
first day of January, April, July and October, together with any applicable sales tax. If the obligation to pay rent
commences or ends on a day other than the first day of the quarter, then the rent shall be prorated on the basis of a
ninety (90) day quarter and shall be delivered within twenty (20) business days from the Commencement Date.
B. For the exclusive right and privilege to use Owner's Property for the purpose of installing and
utilizing APT's and any telecommunications systems operators (collectively the Operator ) telecommunications
systems components and equipment, APT shall pay Owner an amount (Percentage Rent) equal to Thirty Percent
(30 %) of APTs Total Lease Revenues (as defined hereinbelow) ( "Operator Income ) received by APT-in connection
with aforesaid site. APT shall pay to Owner the appropriate share of the Total Lease Revenues due to Owner within
thirty (30) days after APTs receipt of such Revenues. Total Lease Revenues means all cash, credits, or property of
any kind or nature reported as lease revenue for land and equipment (towers, attachments, antennae, cable,
combiners, service protection enclosures, etc.). APT agrees to make the communications facility available to
potential compatible tenants of a competitive lease rate.
C. The annual rent for each Option Term shall be the annual rent increased by the same percentage
as any percentage increase in the Consumer Price Index, All Items, U.S. City Average, as determined by the United
States Department of Labor, Bureau of Labor Statistics or any successor index, between the Commencement Date
and ninety (90) days prior to the commencement of the Option Period.
D. Rent shall be paid electronically via electronic wire transfer, direct deposit or other paperless
means into a bank account to be designated by Owner. Owner may from time to time, designate another bank
IA
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Sanford Lease.doc 1 1/02/97 11:45 AM
SITE ID: A- 2- E -005D
Trout Lake
account for the deposit of Rent provided the request is made in writing at least sixty (60) days in advance of any
Rent payment date.
4. USE. APT may use the Property for any lawful purpose, including, without limitation, APT's intended use
which is to construct, remove, replace, maintain, secure and operate a communications facility; including, without
limitation, required APT antenna array (as such antenna array may be modified, added to, or substituted from time
to time) and antenna support structures, and for any other uses incidental thereto. Each such antenna or antenna
support structure may be configured as requested by APT from time to time, provided APT obtains all permits and
approvals required by applicable jurisdiction for such requested configuration. Owner shall have the right to
approve plans for any improvements installed by APT on the Property, which approval shall not be unreasonably
withheld or delayed. Improvements of the Property to meet APT's needs shall be at APT's sole expense, and APT
shall maintain such improvements to the Property in a reasonable condition throughout the term.
The Property may be used for the purpose of installing, removing, replacing, maintaining and operating a
communications facility generally in accordance with Exhibit "B ", subject to such modifications and alterations as
required by APT (collectively, the "Communications Facility "), provided that APT shall not be required to occupy the
Property. Owner shall provide APT with twenty-four (24) hour, seven (7) day a week, year- around access to the
Property. APT shall pay all real and personal property taxes assessed against the Communications Facility. APT
shall keep the Property free from any liens arising out of any work performed, materials furnished, or obligations
incurred by or for APT. APT shall, within twenty (20) days following the imposition of any such lien, cause the same
to be released of record by payment or posting of a proper bond. No work which Owner permits APT to perform on
the Property shall be deemed to be for the use and benefit of Owner so that no mechanics or other lien shall be
allowed against the estate of Owner by reason of its consent to such work. Owner shall have the right to post
notices that it is not responsible for payment for any such work.
APT, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon
the Owner's Property and conduct such studies as APT deems necessary to determine the Property's suitability for
APT's intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave
propagation measurements, Feld strength tests and such other analyses and studies as APT deems necessary or
desirable. Owner shall cooperate with APT and execute all documents required to permit APTs intended use of the
Property in compliance with zoning, land use, and for building regulations.
APT will allow Owner to locate Owner's antenna for police, fire, or other public service use, on APT's tower
at a location to be mutually agreed upon. APT agrees that there will be no charge to Owner for the aforesaid use.
5. UTILITIES. Payment for electric service and for telephone or other communication services to the
Communications Facility shall be APT's responsibility. Owner agrees to cooperate with APT in its efforts to connect
the Communications Facility to existing utility service at APT's expense. INITIA
6. REMOVAL OF COMMUNICATIONS FACILITY. All personal property and trade fixtures of APT shall be
removed by APT upon the termination of this Agreement. Within thirty (30) days of the expiration or earlier
termination of this Agreement, APT shall return the Property to the condition existing at the time of this Agreement's
execution, reasonable wear and tear and loss by casualty or other causes beyond APT's control excepted.
Notwithstanding the foregoing, upon expiration or earlier termination of this Agreement, APT shall not be required to
remove any foundation more than two (2) feet below grade level. APT shall post with Owner a bond equal to Five
Thousand Dollars ($5,000.00) to secure the removal of the Communications Facility. The bond may be a cash bond,
a letter of credit or an insurance bond issued by a company authorized to do business in the State of Florida and
with a Best's rating of not less than "A ". Any bond must be approved by the City of Sanford, Florida as to form.
Any of APT's equipment or other property that has not been removed from the Property within thirty (30)
days after expiration or early termination of the Lease shall be deemed abandoned by APT and Owner shall be free
to dispose of same in any manner Owner chooses and without any liability to APT therefore. APT shall reimburse
Owner for reasonable costs and expenses in the removal thereof.
Sanford Lease.doc 2 1/02/97 11:45 AM
SITE ID: A- 2- E -005D
Trout Lake
7. INSURANCE. APT shall maintain commercial general liability insurance insuring APT against liability for
personal injury, death or damage to personal property arising out of use of the Property by APT, with combined
single limits of One Million and no /100 Dollars ($1,000,000.00). The Owner shall be named as an additional named
insured. APT shall provide Owner with a certificate of insurance for the aforesaid policy.
APT shall provide Owner with a certificate of insurance, issued by an insurance company licensed to do
business in the state in which the property is located indicating that APT carries adequate Workman's
Compensation Insurance prior to commencement by APT, and /or any party working for APT, of any work
whatsoever on Owner's property.
8. CONDITION OF PROPERTY. Owner represents that the Owner's Property and all improvements thereto,
are in compliance with all building, life /safety, and other laws of any governmental or quasi - government authority.
9. TERMINATION. This Agreement may be terminated by APT at any time, in its sole discretion, by giving
written notice thereof to Owner not less than thirty (30)days prior to the Commencement Date. Further, this
Agreement may be terminated by APT immediately, at any time, upon giving written notice to Owner, if: (a) APT
cannot obtain all governmental certificates, permits, licenses or other approvals (collectively, "Approval ") required
and /or any easements required from any third party; or (b) any Approval is canceled, terminated, expired or lapsed;
or (c) Owner breaches a representation or warranty contained in this Agreement; or (d) Owner fails to have proper
ownership of the Property and /or authority to enter into this Agreement; or (e) APT determines that the Owner's
Property contains substances of the type described in Section 11 of this Agreement; or (f) APT determines that the
Property is not appropriate for its operations for economic, environmental or technological reasons. Such
termination shall not constitute a waiver of APT's riqhts under Paragraph 15 of this Agreement.
10. INDEMNITY. Subject to Paragraph 7, APT hereby agrees to indemnify and hold Owner harmless from and
against any and all claims of liability for personal injury or property damage to the extent that they result from or
arise out of (i) the acts or omissions of APT; its agents and employees in, on or about the Property, excepting
however, such claims or damages as may be due to or caused solely by the acts or omissions of Owner, its
employees or agents, and /or (ii) APT's breach of any term or condition of this Lease on APT's part to be observed'
or performed.
Subject to Paragraph 7, Owner hereby agrees to indemnify and hold APT harmless from and against any ^
and all claims of liability for personal injury or property damage to the extent that they result from or arise out of (i)
the acts or omissions of Owner, its agents and employees in, on or about the Property, excepting, however, such
claims or damages as may be due to or caused solely by the acts or APT, its employees or agents, and /or (ii) "
Owner's breach of any term or condition of this Lease on Owner's part to be observed or performed.
APT shall design and /or equip any and all structures it places on Owner's property so as to protect nearby
facilities and property from lightning strikes or surges. APT agrees to indemnify and hold Owner harmless and is
responsible for any damages to nearby facilities and property caused by APT or due to APT's failure to provide
sufficient lightning and surge protection.
This indemnity provision is not intended to waive Owner's right to protection under the sovereign immunity
laws.
11. HAZARDOUS SUBSTANCES. Owner represents that Owner has no knowledge of any substance,
chemical, or waste on the Owner's Property that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation.
APT and Owner each agree that they will not use, generate, store or dispose of any Hazardous Material (as
defined in this Lease) on, under, about or within Owner's Property in violation of any applicable law or regulation.
Hazardous Material shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any
applicable federal, state of local law or regulation (including, petroleum and asbestos).
Sanford Lease.doc 3 1/02/97 11:45 AM
SITE ID: A- 2- E -005D
Trout Lake
APT and Owner each agree to defend and indemnify the other and the other's partners, affiliates, agents
and employees against any and all losses, liabilities, claims and /or costs (including reasonable attorney's fees and
costs) arising from any breach of any warranty or agreement contained in the above paragraph.
12. CASUALTY /CONDEMNATION. If any portion of the Owner's Property or Communications Facility is
damaged by any casualty and such damage adversely affects APT's use of the Property, or if a condemning
authority takes any portion of the Owner's Property and such taking adversely affects APTs use of the Owner's
Property, this Agreement shall terminate as of the date of the casualty or the date on which title vests in the
condemning authority, as the case may be if APT gives written notice of the same within thirty (30) days after APT
receives notice of such casualty or taking. The parties shall be entitled to make claims in any condemnation
proceeding for value of their respective interests in the Property (which for APT may include, where applicable, the
value of the Communications Facility, moving expenses, prepaid rent, and business dislocation expenses), but such
claim shall not be made against Owner.. Sale of all or part of the Property to a purchaser with the power of eminent
domain in the face of the exercise of power shall be treated as a taking by condemnation.
13. LEINS. APT shall keep the property free from any liens arising out of any work performed, materials
furnished, or of litigation incurred by or for APT. APT shall, within twenty (20) days following the imposition of any
such lien, cause the same to be released of record by payment or posting of a proper bond. No work which owner
permits APT to perform on the property shall be deemed to be for the use and benefit of owner so that no
mechanics or other lien shall be allowed against the estate of owner by reason of its consent to such work. Owner
shall have the right to post notices that it is not responsible for payment of such work.
14, QUIET ENJOYMENT. APT, upon payment of the rent, shall peaceably and quietly have, hold and enjoy the
Property. If, as of the date of execution of this Agreement or hereafter, there is any mortgage, or other encumbrance
affecting Owner's Property, then Owner agrees to obtain from the holder of such encumbrance a Non - Disturbance
and Attornment Agreement that APT shall not be disturbed in its possession, use and enjoyment of the Property.
Owner shall not cause or permit any use of Owner's property which substantially interferes with or impairs the
operation of the communication services being rendered by APT from the property. Except in cases of emergency,.
Owner shall not have access to the Property as described in Exhibit "B" unless accompanied by APT personnel.
15. DEFAULT. Except as expressly limited herein, Owner and APT shall each have such remedies for the
default of the other party hereto as may be provided at law or equity following written notice of such default and
failure to cure the same within thirty (30) calendar days.
16. MISCELLANEOUS.
A. Owner represents and warrants that Owner has full authority to enter into and sign this Agreemen
and has good and marketable title to the Owner's Property.
B. APT represents and warrants that it is duly authorized to do business in Florida and that the
undersigned are fully authorized by the APT to enter into this Agreement on behalf of APT.
C. This Agreement supersedes all prior discussions and negotiations and contains all agreements and
understandings between the Owner and APT. This Agreement may only be amended by a writing signed by both
parties. Exhibits "A" through "B" are incorporated into this Agreement by reference.
D. This Agreement may be signed in counterparts by the parties hereto.
E. The terms and conditions of this Agreement shall extend to and bind the heirs, personal
representatives, successors and assigns of Owner and APT.
F. The prevailing party in any action or proceeding to enforce the terms of this Agreement shall be
entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the
non - prevailing party.
G. At this time or on or before the Commencement Date, Owner shall execute and acknowledge and
deliver to APT for recording a Memorandum of this Agreement ( "Memorandum ") in the form of Exhibit "C ". Owner
Sanford Lease.doc 4 1/02/97 11:45 AM
SITE ID: A- 2- E -005D
Trout Lake
hereby grants APT permission to insert the effective date of the Site Agreement into the Memorandum after
execution of the Memorandum.
H. APT may assign this Agreement at any time without Owner's consent, provided that the same shall
not release APT from any of the obligations arising under this Agreement.
i. Notices shall be in writing and sent by United States Mail, postage prepaid, certified or registered
with return receipt requested or by any nationally- recognized overnight courier service to the address set forth
beneath the signature of each party below. Any such notice shall be deemed given when deposited in the United
States Mail or delivered to such courier service.
J. This Agreement shall be construed in accordance with the laws of the State of Florida, and venue
for any court proceeding in connection with this Agreement shall be Seminole County, Florida.
K. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel
information as the other may reasonably request.
L. Owner and APT each represent that they have not been represented by a real estate broker or
other agent in this transaction.
M. The parties hereto warrant and represent, each to the other, that the matters of fact contained
herein are true and accurate.
/
/
r
1111/
HE
1
Sanford Lease.doc 5 1/02/97 11:45 AM
SITE ID: A- 2- E -005D
Trout Lake
N. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from your county public health unit.
IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement on this day of
199
Witnesses: Bettye D. Smith
By: C�
Mayor 2YSanford, Florida
Print Name: w - r ,tea o Federal ID: 5 boo y S
Print Name: J)ia,ne L'rews
Jan Dougherty
ity Clerk of Sanford, I onda
APT TAMPA/ORLANDO FLORIDA
Witnesses:
Its: Direct Engineering and Operations
and Authorized Agent
Address &APT.
Real Estate Department
American Portable Telecom
PO Box 31793
Chicago, IL 60631 -0793
With copy to:
Real Estate Manager INITIAL
5907 - B Hampton Oaks Parkway
Tampa, FL 33610
Sanford Lease.doc 6 1/02/97 11:45 AM
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SITE ID:A- 2- E -005D
Trout Lake
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Print Name:
AP A/O ND OR /DA
B.
avid B. Low
Its: Vice President, Engineering & perations
Sanford Lease.doc 6a 1/02/97 11:45 AM
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/.--. .
SITE ID: A- 2 -005D
SITE NAME: Trout Lake
EXHIBIT "A" TO SITE AGREEMENT
LEGAL DESCRIPTION OF OWNER'S PROPERTY:
32.19.30.501.0000.007A
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.
Mi
1
It is agreed by Owner and APT that the precise legal description for the Owner's Property will be
corrected, if necessary, and that the correct legal description may be placed on this Exhibit "A" by APT.
Sanford Lease.doc 7 1/02/97 11:45AM
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APT
ATDS COMPANY
5907 Hampton Oaks Parkway, Suite B
Tampa, Florida 33610
813- 663 -1000
Fax 813- 623 -4011
July 25, 1997
Bettye D. Smith
Mayor of Sanford
300 North Park Avenue
Sanford, Florida 32772 -1788
RE: Site Number: A -2 -E -005 -D
Site Name: Trout Lake
Dear Ms. Smith:
Go
Attached you will find a copy of the lease, amendment no. 1, and amendment no. 2 between the
City of Sanford and APT Tampa/Orlando, Inc.
If you should have any questions or concerns, please do not hesitate to contact me directly at
813- 663 -1017.
Sincerely,
mod. �ck.-
Cheri L. Schmelzer
Real Estate Coordinator
Enclosure
SITE ID: A -2 -E -005 -D
SITE NAME: Trout Lake
LS - O's
AMENDMENT NO. i TO SITE AGREEMENT FOR LAND
This Amendment No.1 to Site Agreement for Land ( "Amendment") is entered into as of the date last
signed by all parties hereto, and modifies and amends that Site Agreement for Land dated 13 January, 1997,
( "Original Agreement'), by and between City of Sanford, Florida ( "Owner"), and APT Tampa/Orlando, Inc., a
Delaware corporation ( "APT'),
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties agree
as follows:
1. The foregoing provision and all exhibits attached hereto are hereby incorporated into this Amendment
as if fully set forth herein.
2. The Original Agreement is hereby modified such that (a) all references to Owner's Property and
"Owner's property" and each of them shall constitute references to that property more particularly
described in Exhibit A to the Original Agreement and such that (b) all references to Owner, Landlord
and owner and each of them shall constitute references to the City of Sanford, Florida, (c) The word
"therefor" is hereby substituted for the word "therefore" in the third line of the second paragraph of
Section 6 of the Original Agreement, (d) The word "property" in the second line of the second
paragraph of Section "7" of the Original Agreement shall mean the Property, as that term is defined
within the Original Agreement, (e) all references to the Lease, the lease, the agreement and the
Agreement shall constitute references to the "Agreement" as defined in the Original Agreement, and
(f) the prefatory paragraph of the Original Agreement is hereby modified such that " , Florida" is
inserted after "City of Sanford" but before "('Owner') ".
3. The first paragraph of Section 7" of the Original Agreement is hereby amended and restated to
provide as follows:
"APT shall maintain commercial general liability insurance insuring APT against liability for
personal injury, death or damage to personal property arising out of use of the Property by APT, with
combined single limits of One Million and No /00 Dollars ($1,000,000). The Owner shall be named as an
additional insured under such liability insurance policy. APT shall provide Owner with a certificate of
insurance for the aforesaid policy. Owner shall maintain commercial general liability insurance insuring
Owner against liability for personal injury, death or damage to personal property arising out of use of
Owner's Property by Owner, with combined single limits of One Million and No /00 Dollars ($1,000,000).
Owner shall provide APT with a certificate of insurance for the aforesaid policy."
4. The first two paragraphs of Section "10" of the Original Agreement are hereby amended and restated
to provide as follows:
"Subject to Paragraph 7, APT hereby agrees to indemnify and hold Owner harmless from and
against any and all claims of liability for personal injury or property damage to the extent that they result
from or arise out of (i) the acts or omissions of APT, its agents or employees in, on or about the Property
(excepting however, such claims or damages as may be due to or caused by the acts or omissions of
Owner, its employees or agents), and /or (ii) APT's breach of any term or condition of this Agreement on
APT's part to be observed or performed. This indemnity shall not apply to any claims, actions, damages,
obligations, liabilities and liens arising from any negligent or intentional misconduct of the indemnified party
and shall survive the termination of this Agreement".
\\APT- TAFL -NT1\ SITE\ ORLANDO \A- 2- E -005 \005-d\Amemdment to Lease A2E005D no.2 d0c - REV- 326.doc
la
SITE ID: A -2 -E -005 -D
SITE NAME: Trout Lake
5. The last sentence of Section "14" of the Original Agreement is hereby modified such that the words
"as described in Exhibit'B' " are deleted.
6. By signatures upon this Amendment, David B. Lowry, Vice President, Engineering and Operations for
APT, and as the duly authorized agent for APT, hereby adopts and ratifies all actions taken and all
agreements entered into by Tony McDowell, Director of Engineering and Operations and Authorized
Agent for APT, in connection with the Original Agreement, including, without limitation, the Original
Agreement, and hereby binds APT thereto as of the date of such actions and agreements.
Except as expressly set forth above, all provisions of the Original Agreement remain unchanged and in full
force and effect. In case of any inconsistencies between the terms and conditions contained in the Original
Agreement and the terms and conditions contained herein, the terms and conditions herein shall control, and
unless otherwise defined herein, hereby have the same meaning as in the Original Agreement.
IN WITNESS WHEREOF, each of the parties have executed this Amendment as of the date below their
respective signatures.
Witnesses:
Print Name: - DicL P— Cre-ws
2.
Address of Owner:
Telephone No.: (x"07- 33(� SloO�
Facsimile No.: 4 - 3 3n -s o 6
, fie s
1. 7
Prin fv ^jr E
2. . Y 0/ , A / it YK I�AL
Print Name : DE
OWNER
City of Sanford, Florida
PrintNathe: K. .
City Clerk of
Federal ID No. sg- (ot;
APT
APT mp nand inc.,
By: ,
' Lowry
Vice Pr e si de nt, Engineering and Operations
Date: lo/ 5/ % 7
[Corporate Seal]
Address of APT:
Real Estate Department
American Portable Telecom
PO Box 31793
Chicago, IL 60631 -0793
With copy to:
Real Estate Manager
5907 - B Hampton Oaks Parkway
Tampa, FL 33610
\APT - TAFL -NT1\ SITE\ ORLANDO\A- 2- E -005\005.d\Amemdment to Lease A2E0051) no.2 doe- REV- 326.doc
SITE ID: A -2 -E -005 -D
SITE NAME: Trout Lake
- a s�
AMENDMENT NO.2 TO SITE AGREEMENT FOR LAND
This Amendment No. 2 to Site Agreement for Land ( "Amendment") is entered into as of the date last
signed by all parties hereto, and modifies and amends that Site Agreement for Land dated 13'" January, 1997,
( "Site Agreement"), by and between City of Sanford, Florida ( "Owner"), and APT Tampa/Orlando, Inc., a Delaware
corporation ( "APT'), as later amended by that Amendment No. 1 To Site Agreement For Land entered into on
June 5, 1997, by and between Owner and APT (together with such amendment, the "Original Agreement").
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties agree
as follows:
1. The foregoing provision and all exhibits attached hereto are hereby incorporated into this Amendment as if
fully set forth herein.
2. Exhibit B of the Original Agreement is hereby modified, superseded and replaced by Revised Exhibit "B"
To Site Agreement For Land attached hereto and incorporated herein.
Except as expressly set forth above, all provisions of the Original Agreement remain unchanged and in full
force and effect. In case of any inconsistencies between the terms and conditions contained in the Original
Agreement and the terms and conditions contained herein, the terms and conditions herein shall control, and
unless otherwise defined herein, hereby have the same meaning as in the Original Agreement.
IN WITNESS WHEREOF, each of the parties have executed this Amendment as of the date below their
respective signatures.
Signed, sealed and delivered
in the presence of:
OWNER:
Witnesses:
P�
Print Name: P. aer
i .
ITI
Federal ID No.: 59- 6000425
Address of Owner:
300 North Park Blvd.
Sanford, Florida 32772 -1788
Telephone No.: (407) 330 -5600
Facsimile No.: (407) 330 -5666
CITY NFORD
I I Y A. DALE, as the Mayor of Sanford,
odide�
ATTEST tI" A p •tit Zf�
ANET R. DOUGHEFttY, as t e Clerk of
the City ,,o--f��Sanford,, Florida
Dated: 92iu - /
[SEAL]
R:\ORLANDO\A -2 -E -005\005 -0VUnendment No. 2 (rev. 5- 2- 97).doc 1 OF 2 07/08/97
SITE ID: A -2 -E -005 -D
SITE NAME: Trout Lake
APT
Witnesses:
With copy to:
Real Estate Manager
5907 B Hampton Oaks Parkway
Tampa, FL 33610
APT Tampa/Orlando, Inc.,
By: z �p
Da id . Lowry
Vice P esident, Engineering and Operations
Wt VP (1V9t1rg7701J
Date: 7 - 2 t, c t �-
[Corporate Seal]
Address of APT:
Real Estate Department
American Portable Telecom
PO Box 31793
Chicago, IL 60631 -0793
R:\ ORIANDOW- 2- E- 0051005-dV1mendment No. 2 (rev. 5- 2- 97).doe 2 OF 2 07/08197
l 'n,
SITE ID: A -2 -E -005 -D
SITE NAME: Sanford
REVISED EXHIBIT "B" TO SITE AGREEMENT FOR LAND
Page 1 of 2
SKETCH AND DESCRIPTION OF PROPERTY.
A PARCEL OF ,LAND LYING AND BEING WITHIN 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. BEING MORE PARTICULARY DESCRIBED AS
FOLLOWS
FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER
OF SAID LOT 7; THENCE S 89'58 217.07 FEET ALONG THE SOUTH
BOUNDARY LINE OF SAID LOT 7, THENCE DEPARTING SAID SOUTH BOUNDARY
LINE RUN N 00 270.07 FEET TO A POINT OF BEGINNING] THENCE
N 90'00'00'W, 40.0 FEET; THENCE N 00 30.0 FEET; THENCE
S 90'00'00'E, 40.0 FEET; THENCE S 00'26'19'E, 30.0 FEET TO THE POINT
OF BEGINNING.
SAID PROJECT AREA CONTAINS 1200 SQUARE FEET, MORE OR LESS.
TOGETHER WITH A TWENTY (20) FOOT WIDE NON- EXCLUSIVE ACCESS EASEMENT FOR
INGRESS / EGRESS AND UTILITIES PURPOSES; 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 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 SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO THE S.E. CORNER 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 20.0 FEET TO A POINT OF BEGINNING; THENCE
N 00 662.28 FEET; THENCE S 89 135.0 FEET; THENCE N 27'37'49'W,
70.9 FEET; THENCE N 90'00'00'W, 90.0 FEET; THENCE S 44 505.0 FEET; THENCE'
S 28 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 LINE OF S. LOWE AVENUE
(S. OREGON AVENUE PER.PLAT), SAID POINT ALSO BEING A POINT OF TERMINATION.
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES,
SAID ACCESS EASEMENT CONTAINS 14,259 SQUARE FEET, MORE OR LESS.
TOGETHER WITH 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 A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
FOR A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER
OF SAID LOT 7; THENCE S 69'58'02'W, 217.07 FEET ALONG THE SOUTH
BOUNDARY LINE OF SAID LOT 7, THENCE DEPARTING SAID SOUTH BOUNDARY
LINE RUN N 00'00'00'W 270.07 FEET TO THE S.E. CORNER 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 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 AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAID ACCESS EASEMENT CONTAINS 40,703 SQUARE FEET, MORE OR LESS.
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