HomeMy WebLinkAbout1997 Gound & Tower Lease AgreementGROUND AND TOWER LEASE AGREEMENT
SITE 119:Sebastian Police Tier.-62719
(e) PRUiECO PERSONAL. C01,1143MCATI0PLS,
THIS GROUND AND TOWER LEAS'. AGREEEMENT(-Leese'), is entered B. PCS Is granted options to extend this Lease on the some terms
Qq antl conditions for four (4) addifiunal We (5) year extension pence l
unto as of this — day 19f by ahertheoriginal lams expires. This Lease shall amomallcailybaextended
and between CTTY OF CRR)LCvPLAN for Me next extension period at the and of 1B then -current term unless
- u( l�r,ra2}xv PCS gives OWNER written notice of its desire to laminate this Lease
^OWNER'), and]�YE�Sr'-P.'; l� before the antl of the then -current tame.
a Delaware fimited partnership (•PCS1.
In consideration of the premises and of the mutual obllgallons and
agreements in this Lease, the parties agree as follows:
1. THE PROPERTY
A. OWNER Is the blehotderof that certain real properly Commedy
known as 1201 Main Street
City of Sebastian Counyal Indian RiVer
State al Florida ('OWNER's Property')
which is described) on the attached Exhtblt'At'. The parries agree that
the legal descnpllon d Owners Property may pa attached as ExNbil
-AV alter execution at this Lease.
a. PCS hereby destres to lease a podlon of OWNER's Property, and a
certain pdnlon of the lower (Tower) located on OWNER's Property,
together with obtaining aright of access and a right to install utilities (the
-Prapeny')- The Property which is Me subject of Nis Lease is cantoned
within OWNER'S Property, is approximately 5W (500 )square
lest, is more spe nlically described as a t1i1M111t9 () foot by
tYent9—five( 2S )fovtparceld laM,andis situated subsmmtegy
as shown on the adactted Exhibit'A2', and will, respect to Me space on
the Tower, its location and orientation are set tom on E MMft'A3' attached
huem, to addition, PCS shout have the right to run ..ties and wires
under. over and across OWNER's Property to connect PCS'a equipment
on the Tower to Its equipment in Its facility located on the Property. PCS
may park its vehicles on OWNER'. Property when PCS is cco snucting,
removing, replacing, anNpr servlAng Ib commurUeations facility.
C. OWNER and PCS hereby agree that the Property, (Nctuding an
access dgnt-of-way Mamie bud excluding the space an the Tower) may
be surveyed by a licensed surveyor at the sole cost of PCS, and such
survey shall Men teplace Exhibit 'AZ and became a part hared and
shall Control to describe the Property In the event of any discrepancy
between such survey antl the description contained in Paragraph 1.8
above,
2. LEASE AND EASEMENT
OWNER lenses the Property to PCS and giants to PCS a non-exclusive
easement (during the term of Nis Lease) to access the Property (seven
(]) days a week, twenty-four 1241 hours a day) and to install, remove,
replace, and maintain mlGiy cables. condults and pipes from Me Property
to the appropriate, in the discretion of PCS, source of electric and
telephone lacilitles.
3, TERM AND RENT
A. This Lease Shan be loran nilial tens of We (5) years beginning
on I1r ``a� 1 4 S I'Camm cement 0.101 at
an Annual 4n141 Oollam (E1 _ which rent shall
as paid annually, in advance, beginning On the Commencement Date
antl on each anniversary thereof (pordid years prorated) to OWNER or
as OWNER may otherwise direct from time to rime in writing at least
thirty (30) days before any rent payment date. Notwithstanding the
preceding, the changes agree that, prior to and until the first day at the
month lollewing commencement of installation of the PCS equipment an
the Properry,Ihe Annual Remenallonly be le),tr!,00 •Od Dollars
IS/ I. which rent shall be paid In the manner described above
C. The Annual Rent for each extension period shall be the Annual
Rent in effect for the Mal year of the p0not term or extension period. as
the Case may be, Increased by tsleetY percent (,.%()_ %s).
0. Should this Lease slat be In edett at Me conclusion W of of the
extension periods provided for herein, INS Lease shall continue in effect
upon the same teens and condgorts (Other Man Annual Rem which shelf be
an amount equal W In. Aonua1 Rent In effect for Me prior one 11) year
pedod,krmasedby, four pemem( 4 %))IoraluMerperiod
of one (1) year. arM for like annual periods Mereaher, unW and uNess
l9mmeted by expires, parry ty givi g to the oMerwrsten notce of fls Mtendon
Io so terminate at lees) ninety (90) days before me date this Lease expires.
4. USE OF THE PROPERTY
A. PCS may use the Property for any lawful purpose. Including,
without limitation, to construct, remove, replace. maintain, secure and
operate a communicallons facility. Including, without limitation. required
PCS antenna array (as such It pno army may be modifeq added to,
or substituted from time to A,= antenna support structures, and for
any other uses incidental thereto. Each such antenna or antenna support
It after may be Configured Ss requested by PCS from time to time,
provided POS obtains, pursuant to Paragraph S.B., all permits and
approvals required by applicable Jurisdictions for such requested
configuration. OWNER shall have the right to approve plans for any
Improvements Insisted by PCS on the Property, which approval shelf
not be unreasonably withheld or delayed. Improvement of the Property
to meet PCS's needs shall be al PCS's sole expense, and PCS shall
maintain such tmprovements to the Property M a reasonable conallion
throughout be Wan. (t) ,generators,
B. OWNER ackwwfedges Nat POS's ability to use Me Property for
its intended purposes is congngem upon PCS's obtaining and maintaining.
both before and after the Commencement Dale, all of the certificates,
permits, licenses and other approvals (collectively. *Govemmental
Approvals')that may be required) by any federal, slate or local authority
for the foregoing uses and improvements to Me Property desired) by PCS.
OWNER shall cooperate cam PCS in PCS's ado" to Obtain Such
Governmental Approvals and shall take no action that would adversely
affect PCS's obtalning,or maintaining such Governmental Approvals.
S TERMINATION
It any of the following occurs. PCS shall have the right to immediately
terminate this Lease by giving written notice to OWNER at such
termmalicn:
A. PCS determine$, in Its sole discretion, that It will be unable M
obtain all necessary Governmental Approvals for PCS's intended use of
and improvements to the Property desired by PCS; or
B. PCS's repticallon for any Governmental Approvals necessary for
PCS'a use of the Property and improvements desired by PCS is dented: or
C. any Governmental Appmvab necessary for PCS's use of the
Pmperry and/or Improvements to Me Property, whether now or hereafter
desired by PCS, are canceled, expired, lapsed or are olbemisewehdmwn.
terminated) or defied) so that PCS, in its reasonable judgment, detemnines
that it will no longer be able to use the Prapeny for PCS's intended use: or
D. the Federal Communications Commission Sit ... tax the
frequencies at which PCS may operate its antennas and equipment and
(FLORIDA 10/5/95) Page I GROUND AND TOWER LEASE AGREEMENT
may from time to time mange such frequencies. Any change of this
nature that. in PCS's reasonable judgment, renders its operation of a
wireless communications facility at the Property ohsalefe; or
E. d PCs aetennmes that the Pmp.Ay has become unsuitable lot
PCS's operations due to changes in system or network design or in me
types of equipment used In such Operations or PCs's operations at the
Property become uAp,oMzble.
Any lamination nodes tendered by PCs pursuant to this Paagrepn snail
cause mist Lease to expire with me same loco Spot enact as maugn me
date set loon in such notice were he date Originally set as the expiratlon
dare of this Lease and the parties shall make an appropriate adjustment.
oe of such lamination date, with respect m payments due to he otha'
under this Lease.
S. ASSIGNMENT AND SUBLETTING
A. Except to a'Partner Company,"AHiliate,"Subsolarle or a
Subsidiary or Affiliate of a Partner Company of PCs (as daflnad below).
PCS stall not assign this lease, w allow it to be assigned. In whale or In
pan, by operation of law or omerwise Or manage or pledge me same, or
sublet me Property, or any pan thereol, wiWut me prior wnhen consent
of OWNER Such consent rot to be unreasorlaby withheld or delayed.
OWNER'S consent to an assignment cr sublease sMW be deemed given
II OWNER does et respond to PCS`S request within Wny (30) delta
after OWNERS receipt of such request
S. NYNEX, Bell Atlantic, AirTaucb Communications and U.S. West
are each a Partner Camp". An Affiliate of an amity is any corporaton
filtyane percent is I%) or more of the stock of which is owned, directly or
indirectly. by such entity. A Subsldlary of an entity Is any corporation
eignty percent trig .). mare of which Is owned by Such entity.
C. No consent by OWNER to any assignment at sublease by PCS
Snell repave PCS of any obligation to be pedomed by PCS Under its
Lease. whether anshn before or after the assignment or sublease. The
consent by OWNER to any assignment or sublease shall not relieve PCs
from the obligation to obtain OWNER•s express WAMM consent to any
other assignment or sublease.
0. Any sale or other tansleq including by consolidation, merger or
reorganization, of a majority of the voting stock of PCS, It PCS is a
corporation, of any sae or other trereler of a majority in interest (whether
at probe, lasses, capital or voting power) or a majority at me persans
composing the managers of me partnership, it PCS is a pannershlp,
snail not be an assignment for purposes of INS Paragraph d.
T. FIRE OR OTHER CASUALTY
A. If me Tower, precool. tea. o damaged ordastrayed by a casualty
covered by ma for mance raPpMdtobesarnedbyOWNER, then OWNER
Shall Promptly commey a aOWNE 'srepare (to be diligently prosecuted
a comp{etlan entirely at OWNER's expenae),.and this Lease Snell
eamkme in lull tads and a half 11, however, epa ce a nt cam, or to he
exam of more than one-half (V2) of its replacement cost, ortoany
subalamliv extent by a notes
not m covered by Insurance, Sys OWNER
shall casualty.
of written motto to PCs, to repair,
Iwenry (an) days attar Ire
the Tow, r OWNER'S agnatelection a not to which
restoreSand/or rel otite pt
in
me lower but to designate a site an r (b) PCS may core and it
noWnst a cam Paragraph T.O. below, or (b) h repair, restore pent'
reconmmm the Tower. If. as a reads of any . ran casualty, the Property
becomes really or Me same
unusable n PCS, rant small abate dunng the
peed of repair in me same propomon to thetotalrem as me portion of
ire Property rendered unusable basisto the anstra Property.
S. It OWNER (a) undenakes the mpau. restoration and/or
reconsouctlon of the Tower or of my access thereto but fails to complete
such repair , restoration, and/or reeonstNctldn within tarty -five (45) days
attar me casualty. or (b) notifies PCS of OWNER'S intention not to repair,
restore and/or reconstma the Tower. or (c) fails to deliver to PCS me
wnnen notice required under Paragraph T.A. within twenty (20) days.
then PCS may immediately cancel his Lease by giving wnnen notice of
its election to cancel to OWNER.
C. OWNER agrees mar of reasonably required) during any period
of repair. restoration or reconstmellon (air for Me balance of the lease
term if OWNER elects not to re par the Tai PCs may use antler
construct upon an alternative potion of OWNER's Progeny wMW is
equally suitable for PCS'S purposes, provided such space is available.
The exact site to whim PCs may relocate WdL be determined by OWNER,
and it may be upon any ponton at OWN ER's Property (or other papemy
awned Or cenoolled by OWNER), provlUed mat PCs reasonably approves
the Site as equally suitable for PCS's totenaed uses. OWNER will
designate a temporary site to which PCs may relocate WIN. Za hours of
Me casualty, and It will designate a permanent site to whim PCs may
refocate in any etice to PCS that it does not interM 10 repair, restore
mayor reconstruct me Tower.
INSURANCE
A. Subject to Subparagraph S.E., PCs hereby agrees to inaemnily
and hold OWNER harmless from and against any and all deaths of Iim, y
for personal Injury or property damage to he extent That they result porn or
arse cut of (1) me acts or onesslors of PCS, is agents and employees in, on
or Occur he Tower. indldmg the Property, excepting however, such cairns
or damages as may be due to or caused solely by the acts cromisprose at
OWNER. its employees Or agents, and/or, (0) PCS's breach of any Same w
conaitlon of Alto Lease an PCS's pan to be observed or pedam ea.
S. SubjelttoSubparagraph S.F. OWNER hereby agrees tokd ty
and hold PCS handle. from and against any and all dams at liability but
personal injury w property damage to the eaten then may recut from W
arse am of (1) the acts or omissions of OWNER, its agents and employees
in, an or about the Tower, including the Property, excepang, howeve, such
claims or damages as may be due to or caused solely by me acts of PCS,
its employees or agents, and/or (it) OWNER'S breach of any term or
condition of this Lease on OWNER's part to be observed or pedomhed.
C. PCS shall provide OWNER widl a certificate of Insurance. Issued
by an insurance company licensed to do business In the state in WNW
Me Tower is katmea Indicating mat PCS earnest comprenensiv r general
liability insurance with limits of liabilitythereunder of not less tan $t
million combined single limit for bodily Injury and/or property damage
together with an endorsamem for cantacluaf liability. Such insurance
shall name OWNER as an addNonal Insured wit oespeo es me Property.
PCS will provide OWNER with a renewal cenlficate within ten (10)
husiness days of OWNER'S request for such ceniteate. Any insurance
required to be provided by PCS under this Pamgaph S may be pmvided
by a blanket insurance policy covering the Property and other locations
of PCs. provided such blanket Matuarncce policy complies with all of me
other requirements of mie Lease who respect to me type and amount of
insurance required. PCS may also WWI its requirements under rots
Paragraph a through a program of self-insurance. It PCs elects to sat -
insure. then PCS shag furnish OWNER with a lade, stating mat there is
a seiNnsuranca program in effect toot provides for he same, or greater.
coverage than required of PCS herein.
D. OWNER shall provide PCS with a ceNbcate of Insurance, issued
by an Insurance, company licensed to do business In the state in wAron
the Tower is located Indicating mat DWNER carries comprehensive
general liability insurance with limits at liability hereunder of rat less
than St million combined single limit for bodily injury mayor prop my
damage, together with an endorsement for comoncoal liability. Sucn
insurance shall name PCS as an additional insured with respect to he
Pmpeny. In addition. OWNER will cary'al-risk' hazard trsurarce or.
Mat Tower with sandard extended coverage in an amount at least equal
to Me greater of he amount required by any mortgagee holding a lien on
the Tower or me amount In WNW a Prudent owner in the same area as
where the Toweris located would manmin with respect to a undw rower.
OWNER will provide PCS with a renewal certificate within ten (10)
business days of PCS's request for such certificate.
E. Each hazard insurance policy canted by or an behalf of OWNER
insunng he Tower and each hazard insurance policy carried by ar on
behalf of PCS insunng PCs's antennas and equipment located an or
about me Property shall provide starred/ extended coverage. including
wood., fimdallon, coverage against losses caused by fire. Each Sucn
policy shall be written so as m provde that he insurance company waves
all rights of recovery by way of subrogation it may have against OWNER
or PCS in connection with my loss or damage covered by such policy.
The parties further agree and hereby release each other with respect m
(FLORIDA 1015195 Rev) Page 2 GROUND AND TOWER LEASE AGREEVE.NT
any dorm (Inducing a claim for negligence) which Me who, parry may,
have against such parry for loss, damage or destruction of. or liability for
damages to, the property of the other acquiring during the term of this
Lease, as same may be extended, and normally covered under a Tire
insurance policy with extended coverage. Notwithstanding anything
contained In this Lease to the contrary, Ina provisions of this Subparagraph
B.E. shall control.
9. UTILITIES
PCs snail be responsible directly to the serving entities for all Willies
required by PCS's use of the Property, however, OWNER agrees to
cooperate with PCs in its efforts to obtain utilities tram any location
provided by the OWNER or the servicing utility. Should electric power oe
provided by OWNER, PCs wig Oultall an electric meter and PCS's usage
shall be read by OWNER or, at OWNER's option, by PCS, on an annual
basis and the cost of electricity used by PCS shall be paid by PCS to
OWNER annually as a payment separate from rant and shall be computed
at the then -current public utility rate.
10. RIGHTS TO EQUIPMENT; CONDITION ON SURRENDER
A. PCS'smustrusandequipmentsneltremaMp..StlizarANa
pmperry, of PCS. At the termination or expiration of this Loma. PCs
shall have the right, but not Ma obligation to remove IN antennas and/or
equipment. It PCs elects to remove its amennao and agurpme . PCS
shall repair any damage caused by sued removal. and shag otherwise
surrender the Propary at the expiation of the term, as same may have
head momaked, or eadter termlrratlan thereof, in good condition, ordinary
wear and tear. damage by fire and other casualty excepted. Any of PCS's
equipment or other property teal has not been removed tram hie Property
al the time of Lease lamination shag be deemed abandoned by PCS
and OWNER shall be free to dispose of more In any manner OWNER
chooses and without any liability to PCS Ihereloc
S. Any claims relating to the condition of the Property must be
presented by OWNER in an!" W PCS within thirty (30) days alter the
termination or expiration of Mis Lease of OWNER shag be doomed to
have irrevocably waived any and all such claims.
11. PCS DEFAULTS
A. The occurrence of any one or more of the following events shall
constitute an 'Event of Gaul P hereunder by PCS:
(1) The failure by PCS to make any payment of rent or any other
payment required to be made by PCS hereunder. as and when due, where
such failure shag cangtwe for a period of hemsy (20) days alter written
notice thereof is received by PCS tram OWNER.
(2) The failure by PCS to observe or perform any of the
covenants or provisions of this Lease to be observed or pane=" by
PCs. other than as specified in Paragraph 11A(t), where such failure
shall continue for a period of lady, (301 clays after written not thereof
Is received by PCS tram OWNER; provided, however, that it shall not be
deemed an Event of Default by PCS II PCS shall commence to cure
such failure within said Nlry (20) day period and Monomer diligently
prosecutes such cure to completion.
S. it Thera occurs an Event of Default by PCS. in addition to any
other remedies available to OWNER at law, or in equity, OWNER shall
have the apilon to terminate this Lease and all lights at PCs nereunoesqe1
C. If there occurs an Event of Default by PCS. OWNER shall not
have me right, pdowo the tedur allon of th s Lease by a coup of competent
jurisdiction, to re-enter We Property and/or remove persons or property
tram the Property.
t2. NOTICES
All notices hereunder must be In writing and, unless othenvise provided
herein, shall be deemed validly given It sent by certified mail, return receipt
person gated below to whom notices are sent.
PRDSM PERSOML 1001*VNXICATIONS
PCS: 3t8t3UMVR D0, L.P., a Delaware limitedpamsership
Address: 777 Yamato Road, 'Suite 600
Roger Raton, Florida 33431
Telephone Number. (561) 995-5500
Yfitha4opyt% Edward Nholl• EGGS.
Address: 8875 Hidden River Parkway. Suite 350
Tampa, Florida 33637
Ann: Legal Department
Telephone Number: (_Q3)_ 1R_.and(1
OWNER: CITY OF SRRASTTAN
Attn: Thomas W. Frame. C;hv Meraper
Address: 1225 Main Street
Sebastian, FL 32958
Telephone Number. (561) 589-5330
13. SALE OR TRANSFER BY OWNER
Should OWNER. at any time during the term of this Lease, sell, lease.
transfer or olhoss isa convey a%or any part of OWNER's Property to any
transferee other than PCS, then such transfer shall be under and subject
to this Lease and ell of PCS's lights hereuntler.
14. HAZARDOUS SUBSTANCES
A. OWNER warrants and agrees that neither OWNER nor. Io
OWNER's knowledge, any third party has used. generated, stored or
disposed of. or permitted the use. generation. storage or disposal of, any
Hazamous Material (as defined in Paragraph 141.S.) on, Wider, about or
within OWNER'S Property In Mdallon of any law or regulation. OWNER
and PCS each agree that they will not use, generate, store at dispose of
any Hazadow Material (as defined in Paragraph 14.9.1 on, under, about
or within OWNER's Property in violation of any applicable law or regulation.
B. OWNER and PCS each agree to defend and Indemnity the other
and the other's Fanners, affiliates. agents and employees against any
and all losses, liabilities. claims snorer costs (Including reasonable
attorneys leas and costa) antrum, from any peach of any warranty or
agreement contained In Paragraph 14.A. As wed in Paragraph 14A.
'Hazardous Material- shall mean any substance, chemical or waste
identified as hazardous. toxic or dangerous in any applicable federal,
state or local law or regulation (Including, petroleum and asbestos).
15. CONDEMNATION
A. In the event the whole a/ OWNER's Property, including without
Ifmdalion the Property and Tower, shall be taken or condemned. either
urourc artly of permanently, for public purposes, or sod to a condemning
authority under threat of condemnation to prevent taking, then INS Lease
requested. addressed as follows (or to any other mailing address which snail lonhwilh automatically cease and terminate.
Me pasty to be notified may Castgnme to the other party by sucn notice) B. In the event any potion at the Property, Inoluding without limitation
ores otherwise provided under applicable slate law. Should OWNER of the Tower. shall be taken orcondemned, either temporarily or permanenlly.
PCS have a change of address, Ina .,her party slug immediately be for public purposes. or Said to a condemning riam q ly under Meet Of
notified as provided in this Paragraph of such dlange. Unless OWNER condemnation to prevent taking, then OWNER agrees that PCs may
otherwise specifies in writing, rent checks from PCS shall be sent to the use snorer construct upon an alternative portion of OWNER's Property
i•land require PCS to reimburse all reasonable expenses incurred in doing so.
(FLORIDA 10/5.'95) Page 3 GROUND ANO TOWER LEASE AGREEUENT
which is equally suitable for PCs's purposes, provided such space is
available. The exact site to whicn PCs may relocate will be determined
by OWNER, and II may be upon any poman of OWNER'. Property (or
Omar plop." awned Or canuadad by OWNER), provided that PCs
reasonably approved the site as equally sullable for PCs's intended uses.
OWNER will designate a site to which PCs may relocate prior to Me
taking, c .M adon or We. to me event no aftemasNm ponion of Me
OWNERS Property Is equally suitable for Me purposes of PCs, Men this
Lease shall Ianhwlm automatically cause and terminate.
C. OWNER snail receive Me entire condemnation award far land.
Tower and such caper Improvement. as are Amid Ian by OWNER. and
PCs hereby expressly assign. to OWNER any and SO right, that and
internal of PCs now or hereafter arising in and to any such awranl. PCs
shall have the right to recover from such aufhanty, but not from OWNER,
arty compensation de MY be awaNmd to PCs not c tat Me leasmatd
interest. moving and relocation expenses. and depreciation to and removal
al Me personal property and Mot of PCs.
le. LIENS
PCs shall keep the Property, free from any, Ilona arising aid of any work
petio W.materialstumbhW.orobiigadcns Mcur.dbyarrorPCS. PCs
shall. within lwemy (20) drys fallowing the ImpwPoon of any such den,
cause Ihe.a.a to be needed olrecom by payment er pasting of a pmper
bond. No want which OWNER permits PCs to perform on the Property
shut l be deemed to be for Me use aril benefit of OWNER so Mat no
meahamce practicer lien shad be allowed against the estate of OWNER by
reason at its consent to such work. OWNER shad have Me light M post
madces Mat it is hat Iespannble far payment for arty such work.
17. TAXES
PCs shall be Imale to, and snarl pay to Me applicable lasing authority, If
billed directly to PCs, or to OWNER U bOed W OWNER, upon Mom/ (20)
days prior, written notice from OWNER, any and all taxes and
assawM$naeNed against any personal property draws or other barred
Placed by PCs M or abaw Ma Property.
PCs shall pay as additional rant any Increases In real propelry taxes
Iavred against OWNER'S Property, Including the Tower. as a result of the
Improvements colmmcted by PCs on the Property. PCS will not be
respdraibld far any increases in reef property was which are a result at
masaOsment of OWNER'. Property due to any .ale ar transfer of
ownership thereof.
Ia. OUIrT ENJOYMENT AND NON-INTERF IRENCS
A. OWNER war.nls and agrees Mat PCs, upon paying the rent
and performing Me covenants herein provided, shad peaceably and quietly
have and enjoy Me Propel
ad0allans orimWovemerns to Me Tower mat might mu fe. with, suspend.
Cart or terminate access to or use by PCs of the Property or PCs's
antennas of equipment could cause inconvenience, expense and
economic lass to PCs. Therefore, OWNER agree. (1) or use its best
Shane W minimize such Inconventeree, passible lass or expense to PCs
by, among other things, not sialeeufing any of the foregoing anions, and
using its beat efforts oat to cause ar permit any fluoridation or mothers
with the operations of PCs's antennas or equipment, during Me hours of
4:00 P.M. to 7:00 P.M. an any weekday, and 01) to give PCs rumors of Say
repot., altern0oms, addWans or Improvements Na be made wire rasped,
to the maintenance and opeaon of Me Tower and Me Property or of
any planned shut dawns assaclared watch Me Towerfarscheddied or mudno
Maintenance that might aMonemy a11e4 the ape.11pn al PCS'e wretess
communications total amemlas or equipment.
S. OWNER shag no[ permit any parson, inducing woods drommuff
any contractor, employee, agent, tenant. or invited, to walk within a
out ( f )foot Rmirefs(a give
PCs reasonable
PCS LSavaned
whom b such ("cap. OWNER agrees ra racy to PCs reazoreble advance
whomcannot
noticenably In mecaseal hick *xay. ereadvance writ ten road,
cannot reasonably be given, in- aware, OWNER snarl gave PCs
telephonic contact atY_•_-_) ofrepairs.
muna. and pmedSm
or lmp71amor anal
M6emadey hreapmdWMemef the
ancaaMaperetlM
Of Me Tower and Me Property within such .tllw of Me antennas,
20. LIGHTING OF ANTENNAS
OWNER hereby agrees Mat, If becalse of PCs's coemit=an the Potomac,
any laws or regulations of Me Federal Aviation Administration. Federal
CommuNeadare Commission or any amen relevant govemmemaf agency,
or body require or recommend Mat POTS mummers shdfor the Tower be ail
anchor marked, PCs may b ad and mamtain Such Oi hrinq and markings.
In na event. h avow top shall PCs be responsible tar me mmwladon or
mantenance at any Ughlmg or madrlogs required by me operatons of
OWNER orany otherlenant in the tower. OWNER will permit PCs access
to all portions of Me Tower Mat PCs may need In Omer to check and
.Waco such required or .commended lighting at marking.
21. BROKERS
OWNER anal PCS represent to earn Omer that May have not negodared
with any real estate broker in connection with nob Lease. OWNER and
PCs agree that should any claim be made aganst me emir for a raw
estate bmkera commission, gnomes lee or Me like by reason of me acts cc
such parry, the parry upon am... acts such claim is populated shall
'financially proof hold the omerparry, free and harmless tram SO based. costs,
damages. claims. Nebdiffes and expea ses Inoornec dim therewith Including,
but hot Named to. reasonable legal lee.) anti .hail defend such .Nan by
legal counsel reasonably acceptable to Me indemnified Omer pony.
B. OWNERherebyg. mlo PCS,asapdmarylnducamentro PCS's 22. ESTOPPEL CERTIFICATES
enteMg Into this Lease, Me Ida priority right to Ikimpt Ua antae.s atM A. OWNER, at the request of PCS, shall provide PCs with a
operate its wireless communleadons fatally at the Tower. From tame b certificate stating: (1) whether OWNER'has any claim against PCs and
time OWNER may grant to Omer entitles me right to operate mouses If so, Stating me nature of such clwm;(2) Mat OWNER.cognizes PCs'.
cammumcadaoa (accUttes a Me Tower aodfo[ the rigor to l ss.lt amtmoze right to PCs's antennas, equipment aM Omer property; h5) gut PCs had
in connection with Me apmation of such faelidea mother commumcadare the right to remove PCs's equipment and Other property(mrn the Property
famUlles; provided, however Mat OWNER stall not allow me operrac i dl noMtihataMing Mal same may be car .dared a Omura under teal law;
such lecdoei aral anunnaa by monumental, toured... wNmmeopeadn and 14) Mat OWNER has Ica interest in and disclaims any mrsomat ca
of PCSb anteMas and equipment a. U e. am at me time of such other PCs's equipment and Omer property.
;mccors Imratlaudn or as a may be madiffed at any time during the term of B. PCS. at the request of OWNER, shall provide OWNER with a
has Lease. as ma Same may be exreMed. It anysurn food .rerxe..... camuoa[e stating: (1) Mat fhb Lease is unmoomed and In full force and
OWNER agrees to Stainers or cause Ole elimination Of Such interference effect (or. if Mere has been any modification. that me same is in lull lame
war, PCS's opeaons vnWn a reasonable Mae aher.ceim of FOSS notice and effect as modiNed and malag Me maGUoadool; f2) whtha[or not.
at such Interference and. it necessary, to cause Me Interfering parry to to PCs's knowledge, mero are then .slating any satbfls. or defenses
cease its ope.dons. It such inlederenee continues for more man thirty against Ina enforcement of any of the agreements, terms. covenants ar
t2O) days after PCs's notice to OWNER with respect. such Incoherence, conditions parent upon the pan of PCs to 0e performed or =,tied •wiles
ww....nod.,...,,,,.—vv.+.-wyACaa (and. it so apecllying the same); and (0) the dome• if any, to which Me
ewlw.., uauwvwu..COF.weuL..cnuv�.u�,e.,Ak rent has been paid In advance,
cop......,:.:,.....,..,«..,......,... a L\al� s'aL �'hd�s�
:`2 ®Cry vtS1ILT t� lmprplg.ty FO Q.•3� µS1{q tt2 Z2. M CELLANEOUS PROVISIONS
19. COORDINATION -OF OPERATION 8;U1P EOL,FFU1 15 pt5 Lrq tk2 A. OWNER warrsns and agrees Mat CWNER is Seized of good aria
1IIb�rAJ hour .
A. Asa ration uenca at the ER acknowledges
twenty -tow hen) noun daily sumarme the to and interest al not P. am and has Iuli ammanq lit hems
side of Operation per by PCS. OWNER acknowledges that any action Inbameaecne rtds06 oft O tl that Pe petty t Would asens.his Leas.
undertaken or permuted by OWNER in making repairs, alle.tidns, or imdeokrlen[s of uUa on OWNER'S Property MatwaWtl oiler.: ttus lease.
IFLORIOA 10y895) z-.;e u GROUND AND TOWER LEASE AGREE.ufEBIT
S. This Lease, including attached exhibits which are hereby
incorporated by reference, incorporates all agreements and
understandings between OWNER and PCs. and no verbal agreements
Or utW.tstagaings shall be binding upon either OWNER or PCs, and any
addition. vanallon or modification ID this Lease shall be Inellactive unless
made in writing and signed by the parties.
C. OWNER agrees that OWNERS Property (including, without
Ilmiladon, the Til and all Improvements comply and during the lard
of MIS Lease shad conMwe lawmpyl with ad bu idavi, dehalaty, dlubaity
and other laws, codes and regulations, of any applicable governmental or
q.Si-gGN,,nantal authority. All such campdanca shall be accomplished
atOWNER's axle oval atW ezperea. Except lot hnprwements made by
PCs. Owner at its sole eat shall maintain in good condition and repair.
Me Tower and other improvements upon which Me Property is located.
0. This Lease and the performance hereof shall be governed,
interpreted, construed and regulated by the laws of the Slate of
FTnri Rw
E. This Lease, and each and every covenant and condiVan herein,
is Intended to benefit Me Property and Shall extend to and bind the Pont.
Personal fOomsentgovea. Successors and Senegal at Me panes.
F The pandas agree Iliac all of the provisions hereof shall be
catlsttlled So, both covenants and conditions, Me same as It Me wards
importing Such covenants andeandiVona had been used in each separate
Paragraph.
G. The parties acknowledge that each has Pad an Opportunity to
review and negotiate this Lease and have executed this Lease only alter
such review and negodahon. The language of each part of this Lease
shall be construed simply and according to its fair meaning, and this
Leese shall not be construed more smcdy In favor or against either party.
H. At OWNER's option. MIS Lease shall be subaminate to any
mortgage by OWNER which tram time to time may encumber ad or any
Pad Of the Property, provided that every such mortgagee shaft recagfdae
(In wOting and In a form acceptable to PCs's wunsel) Me vellAiy, of MIS
Lease in Me event at a An.clo.ura of OWNER. interest and also PCs's
right to remain In Occupancy and have access to Me Pmpsny as tong as
PCs is not in default Of this Lease. PCs shall execute whatever
instruments may reasonably be required to evidence this subordination.
It. as 01 the data of executton of MIS Leas., there is any deed of trust.
ground lease or other similar encumbrance affecting OWNER', Property,
OWNER agrees to use its ben efforts In cooperating with PCs to obtain
lam unt holder of such encumbrance an agreement Mat PCs shad Pat
be disturbed M So possession, use and enjoyment of Me Property.
I. It OWNER breaches this Lease in airy manner ar Substantially
breaches any material term contained In any mortgage or deed of bust
superior to PCs's estate under MIS Lease (Oliver than any mortgage or
deed of trust for which PCs has obtained a rvon4lslumanca agreement
in accordance with Paragraph 23.H.) or contained In any lease under
which OWNER holds IIVe 10 any portion of OWNER'S Properly, and it
OWNER faits to admm.nce Of cute such breach within 1Mrty i00) days
after receiving a written relf from PCs exactly specifying the violation
(or it OWNER fails thereafter to diligently prosecute the cure to
completiont. Man PCs may Snlwce each d Va dgMs and remedies under
this Lease or provided by law or it may (although it shall not be obligated
to do so) cure OWNER's breach or perform OWNER's Obligations (on
OWNER'S behalf and at OWNER'S expense) and require Ina OWNER ID
reimburse (Or offset against rent) all reasonable expenses incurred in
doing s' __. _._ :._ _..:.__..._r........ a.......,......,
J. It any portion of this Lease is declared by a court Of competent
jurisdiction to be invalid or urtenfofeeabla, Man such pamon shalt be
deemed modified to the extent necessary in such court's Opinion to render
such portion anfomeable and, as so modified. such portion and the
Defame W this Laasa shay continue in full farce and affect.
K. Il either parry institutes any action or prmeeding in mun to enfame
tarry pmvmwn hereof, tar any acdan for damages for any alleged breach
of any provision hereof. then the prevailing parry in sucn action or
proceeding shall be entitled to receive from the non -prevailing pany such
amount as the court may adjudge to be reasonable ahameys' lees for
Ins services rendered to the prevailing parry, together with its ether
reasonable litigation expenses.
L In addition to the otherremeeles provided for in MIS Lease. OWNER
Good PCs shall be enlWed to Immediate restraint by injuncdon of any violation
of any of Me covenants, cor dldons or provisions of MIS Lease.
M. The captlonS of Mepaagraphs al this Lease are lorconveramce
DI reference only and Stay not affect Me ianpatadon of this Lease.
N. Concurrently with Me execution of MIS Lease, OWNER shall
execute before a Polary and deliver to PCs for recording a'Mem med,m
of Lease Agreemenr In the form of the attached Exhibit '9 Such
Memorandum shall not disclose any financial terms, unless required to
do so by the laws of such (uriadlctlon.
IN WITNESS WHEREOF. OWNER and PCs have duly executed this
Lease as of the day and year drat above written.
MR4ECO PERSONAL COMmNICATI0N8r
PCs: ALP., a Delaware limited partnership
Err
Name: Robert Ee1t9W
Its: rPEC.bo1Cal Director
W,dnee.as:
IPmNT NM1E SIGNED 'Wind (PRINT NAME SIGNED xOwE)
OWNER: CITY OF SEBASTIAN
IKA)iJ t{J t,� d
Nape, Thomas W. Frame
Its: City Man mar
S.SI kx No.:
Wd saes:
fit an
f�/ru./E ncr%EO F — ri�IF��k,Aahc-4:dEfEf `
8v
Name:
Its:
S.SJTaz No.:
Witnesses:
u\ Va
(PRINT NAME SIGNED A00VE) (PRINT NAME SIGNED ABOVE)
/FLORIOA 10/5,9.51 Page 5 GROUND AND POWER LEASE aGREEb¢NT
THIS INSTRUMENT PREPARED BY:
NAME. PXiSECD NHL 0011111'
ADOREss: %%7 Ed— Sbe•600
BOOR Fatal. EL 33CI
EXHIBIT "Blr
SHORT FORM LEASE
THIS SHORT FORM LEASE, made and entered Into as Of IMs 24 day .1 July Is 97 . by and between
CITY OF SEBAS I M TOWNEFr) whose address is
attrS� LP.. a Oelavrar. Nmited paltnersltip
('PCSjwhosB atldmsah _
I. OWNER, on the term, and conditions at f.M to an umecdrded docdm.M dated 19_11and enNlled'Groured and Tower Lease
Agreement', which lemma and conditions are Incorporated nerein by reference, and to cchaddefaddn Of the rent arts covenants therein provtdod. does
hereby lease to PCs, arW PCS hereby rants and account from OWNER. canainreal proaarry(-Properry') located at 1201 Main Street
in In. city at Sebastian County Of Indian River state at
Florida within the property of OWNER which is described In Exhibit 'At' attached hereto and Incorporated hereby by IMs reference
j-OWNEWe Properrn, together, with a n i,exdusive easement to access the Property and to install and maintain ullllges. (Of an imeal arm of
p l V E (_J�7 )yesm commanc ng on `h which form maybe extended by PCs for —
additional CN ✓ ( 4 1 year pariod(s) subject to the condigons W Paragraph ].B of the Ground and Tower Lasso Agreement.
2, Pwsuant to the Ground and Tower Lease Agreement. among other things. OWNER shall net cause or Permit any we of the OWNER•s Property
.Nch Inanans wiltt In Mpain the duallly of the communicalloms services being rendered by PCS 11" And Praperfy.
IN WITNESS WHEREOF, OWNER and PCS have duly executed Into Short Fdem Leese as of the day and year first above written.
(-) FRIMM FELgMpL CMgUNICMOM,
OWNER; CyITY OF SEB/1A$/rl]elM PCSv75 OCL.P.. a Delaware Ilmiad partnership
Sy: /f1.L.ar�sA tY •�R-- - ay: (e)
Name: Thomas W. Frame Name: '
IPNINrC1af 51Qy anSg opal II'RINT rvAME E1dNE0ABOVEI
Agile• }' C1Psils:
Address: 1225 Main Street Aadlear.
Sebastian, FL 32958
Sig infhapmsm enn hwif asses:
��..Ep l
^
IPmNrNA1SIGa•fie Rrr ldF_ GIbRm1Gl�flbcl
By
Nxma:
I1g0frfl-6 xl.vmaBOVEI
As its:
Address:
Signed m the presence of Iwo rvrinasses:
(pent WUE sWNEO weovin IPemTNAarESrGNEp AaOVE1
signedln me presence dl fwo wifnassBn
In P,
tPgINr NAr.If 51dNE0ABpvEi IPmNr NAVE SIGNEOAaOVE1
OWNER INITIALS
PCs INITIALS
oTr.er n^nnrrnl(I AMn Tn•••cnrcr^-.t(pF=;IF`rC
iFLORmA wi&S s)
EXHIBIT 'B11
NOTARIES —SHORT FORM LEASE
STATEOF
COUNTYOF
The foregoing instrument waa acknowledged before me this 0,246 " day al 19 by /{76i'1'/Q/J CJ.'
wta is personally known W ma or has p as 1 tl9cation.
_ SALLY
A. 0 law rw4 sarurvAal r
pYM•nr„ Notary Public — Slaa of Florida
' •• MY CpI/MLSSN)N /CC ge1114 .
A• P1 FAPIf1ES: gsobN5� ✓1 \/^i ri•'"IQ-�0 _ a, .. • Md9fP Rl Occur,
(Printed. Trped or Slampoldd Name of No,taIry)
wpanrel0at rwa—rA GWL Communion Number. CQ1D19%'F
STATE OF
COUNTYOF
Tha foregoing Instrument was acknewtadged before me thb day of •Ifl Eby
at a
corpmation. on bahetl of the corporation. Helshe is personally known to me or has produced as Identification.
IAFeI%Np TAFI/ S&W
(OFFlCUL upTAPY 91anAtUaE)
Notary Public — Slate of Florida
My commission expires:
(Printed. Typed or Stamped Name of Notary)
r dum'uacx Im—weFarurlpx Commission Number.
STATEOF
COUNTY OF
The Waiting inettumeMwaa acknowledged babre me this day of
partner (or agent) on behalf of
has produced
as IdeMpcaricn.
(AFFlx NaTAnlq 5FA11
(OFFlC4l NpTAgY SIGANPE{
Notary Public — State of Florida
My commission expires:
(Printed. Typed or Stamped Name al Notary)
xdnav atCCx legal —."n"GoVep
Commission Number:
as
19_ by
a partnership. He/She is personally known to me ar
OWNER INITIALS
PCs INTIALS
IFLORIOA 911y951 ,, e�nnnm anon -nr•�—. et�r l(RFskrF�n
ATTACHMENT
CONSENT TO PERFORM ACQUISITION ASSESSMENT
The undersigned, as owner of the Site, Property, Premises of Easement, or as
authorized agent or representative of the owner ("Owner"), does hereby grant
permission to PrimeCo Personal Communications, L.P. and its subsidiaries, their
employees, agents, consultants and representatives (herein individually and/or
collectively referred to as "PRIMECO"), to enter the Site, Property, Premises or
Easement, and contiguous property or properties owned or controlled by the Owner,
known as:
This Permission is granted for the purpose of performing an Acquisition Assessment,
which may include the preparation of an FCC "Environmental Assessment" (EA) as
defined by the FCC's rules (see 47 C.F.R. §§1.1301-1.1319).
Due to the type of work to be performed, the Owner hereby agrees to indemnify and
hold harmless PRIMECO from penalties, legal actions or suits from regulatory or third
party sources arising from or related to any existing hazardous waste releases or the
presence of hazardous materials associated with or related to the Site, Property,
Premise or Easement.
By: Date: 714
Signature
Thomas W. Frame
Name
City Manager
Title
City of Sebastian, Florida
Company
Page 2 of 2
ADDENDUM TO GROUND AND TOWER LEASE AGREEMENT
Addendum to Ground and Tower Lease Agreement made and entered into the P 44day of
J u l ``1 , 1997 by and CITY OF SEBASTIAN ("Owner') and PRIMECO
PERSONAL COMMUNICATIONS, L.P., a Delaware limited partnership ("PCS").
WHEREAS, Owner and PCs wish to incorporate the following terms and conditions into
the Ground and Tower Lease Agreement and in the event of a conflict between the provisions
of this Addendum and those of the Lease, this Addendum shall control.
Contingencies: The parties acknowledge and understand that Owner owns a one
hundred twenty-five foot (125') self-support Tower on the Leased Property. This Agreement
and the obligations of the parties hereunder are contingent upon PCs obtaining, at its sole
cost, any necessary permit, approval or consent, including FAA approval, to enable PCs to
extend the Tower to a height of one hundred fifty feet (150') AGL in accordance with any
specifications required to accommodate PCS's Equipment, all as contemplated under this
Agreement. PCs acknowledges and agrees that if PCs fails to obtain any required permit
or approval for any reason whatsoever, this Agreement shall terminate and both parties
shall be released from all further obligations hereunder, except for those obligations which
expressly survive expiration or termination of this Agreement. PCs shall not take any action
whatsoever with respect to the Permit without Owners prior written consent.
2. Plans and Specifications for Structural Enhancement: PCS shall submit to Owner all
plans and specifications for structurally enhancing the Tower, the names, addresses and
resumes of all architects, engineers, contractors and other workman in any way involved in
the structural enhancement of the Tower, and a structural analysis providing that the Tower,
as structurally enhanced, will accommodate all equipment located on the Tower, including,
without limitation, Owner's Equipment, and PCs's Equipment, all of which shall be approved
in writing by Owner and such approval shall not be unreasonably withheld or delayed. PCS
shall pay all costs associated with structurally enhancing the Tower including, without
limitation, all material costs, all architectural, engineering and contracting fees, all
certificates, permits, license and approval fees, and all costs incurred by Owner to review
the plans and specifications and to monitor the structural enforcement of the Tower.
3. Aooroved Uses: PCs's installation of PCs's Equipment on the Tower and the Leased
Property shall be limited to the antennas and other equipment and frequencies approved
and agreed upon in advance by Owner. Further, PCs's structural enhancement to the
Tower, if any, shall be limited to the structural enhancements shown on the plans and
specifications approved by Owner in writing. Owner makes no representation as to the
suitability or lawfulness of PCs's use or occupancy of the Tower or Leased Property or
structural enhancement of the Tower.
4. Ownership of Structural Enhancement: Upon completion of and payment by PCs for
the structural enhancement to the Tower, such structure enhancement shall become the
property of Owner.
Page 2 of 2
S. Interference: PCS shall not allow the operation of its equipment to interfere with Owner's
Operation of its equipment as it exists at the time of PCS' installation, induding the 600 MHZ
equipment scheduled for installation within six (6) months of this lease.
IN WITNESS WHEREOF, the parties hereto have signed, sealed and delivered this
Addendum to Ground and Tower Lease Agreement as of the date and year first written above.
WITNESSES: OWNER: CITY OF SEBAASS,T,IAAN�
Print Name:
Pdnt Name: ThOrIeS W. Frame
Its: City Manager
Print Name:
Date executed: 7/24/97
WITNESSES:
n���
riot Nam
Print Name: RV 4z c
PCS: PRIMECO PERSONALCOMMUNICATIONS,
L.P., a Delaware limite partnership
By:
Robert Keltgen, Technical Director
Date executed:
City of Sebastian, Florida
Subject: Ground and Tower Lease Agreement Agenda No.
Between the City of Sebastian and Primeco
Personal Communications Department Origin: City Manager
Approved
���for Submittal by: City Manager Date Submitted : July 1, 1997
' '" For Agenda of: Ju1y/1997
Exhibits: O Primeco Personal Communications Lease Agreement 23
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None NSA I REQUIRED: None
SUMMARY
Primeco Personal Communications, a company providing cellular type communications services
would like to co -locate facilities on the existing Sebastian Police Tower. Such facilities would
be attachment to the existing 125 foot high police communications tower located behind the Police
Department. Primeco's use of the tower would entail a structural addition to the tower, increasing
the overall height to 150 feet above the ground surface. Such extension would require both the
approval of the FCC and the FAA. The term of the Lease would be for an initial period of five (5)
years with an annual rent of $10,000 per year. The Lease also calls for options which would allow
Primeco to utilize the tower for four (4) additional five (5) year extension periods. Each extension
period shall entitle the City to increase the rent by 20% for each subsequent five (5) year term.
Should the Lease be continued beyond the option period, the term would be from year to year with
J.e ability of the City to increase the annual rent by 4% per year.
.'he concept of co -location is an extremely desirable approach to be approved by the Council in
asmuch as, it lessens tower proliferation. Secondly, this provides the City a good opportunity to
ancrease its revenue without additional costs to the taxpayers of the City.
ACTION
Approve the proposed Lease Agreement with Primeco Personal Communications and authorize the
City Manager to execute said lease.
Regular City Council Meeting
July 23, 1997
Page Fourteen
E. Tree Advisnry Board
97.157 L Anoint Alternate Member- Unexnired Tenn to Exnire 11/98 - Only One Amlication
Received - Committee Reenmmends William Brngnano (Director of Commrmim
Develonment Transmittal 7/16/97 Annlicatioo_ Minutes)
This item was deferred to August 13, 1997 under Agenda Modifications.
14. OLD BUSINESS
97.179 A. Anrove the Pronosed Lease Agreement with Primers Personal Communicatinnc and Authorize the
Citv Manager to Execute Said lease (City Manager Transmittal 7/1/97Primeco Personal
Communications Lease Agreementl
The City Manager briefly explained the contract and addendum. The City Attorney said she had
reviewed the lease and noted that changes made were in the addendum. She said the business aspects
of the lease were negotiated by the Chief of Police.
MOTION by Cadwrggh /Taracka
I move to approve the proposed Lease Agreement with Primeco Personal Communications
and authorize the City Manager to execute and the City Clerk to attest and the City Attorney to sign
approving form and content.
ROLL CALL: Mr. Paul - aye
Mrs. Sullivan • aye
Mr. Eames -absent
Mr. Tamcka - aye
Mrs. Cartwright - aye
MOTION CARRIED 4-0
97.175 B. Review Pending List (7110/97 List)
Mayor Cartwright suggested that the item be deferred to the August 6, 1997 workshop. City Council
concurred.
14
Regular City Council Meeting
July 9, 1997
Page Two
AGENDA MODTFTCATIONS tADDTTIONS AND/OR DR7 EUDNEI
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
It was the consensus of City Council to defer item 97.179 Primeco Agreement to the July 23, 1997 Regular
Meeting.
6. PROCL AMATIONS. ANNOIJNC'FMENTS AND/OR PRESENTATIONS
97.152 A. PresenmtiQn of Planue. to Kiry Rnnem - Indign NygE Cgunry gmmarignAI
ernat
Mayor Barnes presented the plaque to Kay Rogers.
7. TTEMS DEFERRED FROM .TTWE 25.1997 REGULAR MEETING DIRE TO LA(-K OF TIME
97.174/ G. Determine Feasihility of One-Wav Desimiation no City Streets for Tmflie. Calming -ifCmmcil
96.136 Sloncurs with Pnlic , - Admit Resolution No. R-97-39 - One-Wav Wave Street l('ity Manaoel_
Transmittal 6/19/97. Pmnosed R-97-39. Location Man Plan Roder Se_namte. (over. Maueller &
Molar Report)
A RESOLLTIDN OF THE CrrY OF SEBASTIAN, INDWIJ RR'ERCOnMY, FLORIDAAVFHORIZWGTFIE CrrY MANAGER
TO TARE THE NECESSARY STEPS TO CONVERT WAVE STREET FROM A TWO WAY STREET TO A ONE WAY =ET,
PROVIDEJG FOR RESU=ON OF CONE M; PROVIDNG FOR SEVERABBTrY AND PROVIDPIG AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-97-39 by title
The City Manager gave a brief history of this item, stated that this was ultimately a policy decision of
Council and said the City Engineer was prepared to discuss alternatives.
The City Engineer reported that she had looked at volume and safety issues, had conducted a traffic
count which resulted in a traffic count of approximately 2000 vehicles per day which is considered
light. She also noted there had been 2 traffic accidents since 1994. She said neither the volume or
safety record warranted one-waying Wave Street She said however, there is no engineering reason
why it couldn't go one way, therefore, so she could not recommend either way.
The City Manager said the issue has been speed into the curves on George Street making it difficult
to back out of driveways, noting there had been a discussion of stop signs at George and Dyke but
that it had been found that Florida Statutes prohibits the use of stop signs to slow speeding. He said
the City Engineer had informed him FDOT has a manual of traffic calming methods which she could
review. He then gave a brief history on how Wave Street became a through street.
A lengthy discussion followed relative to alternative methods to slow speeders on George Street such
as stops signs, reducing the speed limit, conducting a speed study, and requirements of Florida
Statutes Chapter 316.
Y O
`e
�
N F� -
"".
�gES
z
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589.5330 n FAX (561) 589-5570
July28, 1997
Primcco Personal Communications
777 Yamato Road
Suite 600
Been Raton, FL 33431
Attn: Lynn Wolter
Re: Ground and Tower Lease Agreement - Sebastian Police Tower
Dear Ms. Wolter:
Enclosed please find three original agreements as referenced above executed by City Manager, Thomas
Frame on behalf of the City of Sebastian. We will await return of one fully executed original.
If you have any questions, please do not hesitate to contact this office.
Sincerely
[Cathryn M. O'Halloran, CMC/AAE
City Clerk ...._._. -
cc: City Manager, Thomas Frame
Chief of Police, Randy White
Pmle Personal GnnmuNsafons, Lc
J Y.,.,. R.O. Sufic (M
Bo R9on. Florida t+lyt-FO-
ICI) "5 i5
LV
July 31, 1997 City of Sebastian Attn: Ms. Katherine M. O'Halloran
Ury1225 Main Street
Sebastian, Florida 32958
PRIMECO"
i4OM^ `o~xUx' 11ON3 Re: Ground and Tower Lease Agreement - Sebastian Police Tower
Dear Ms. O'Halloran:
Enclosed please find three fully executed "Ground and Tower Lease
Agreements" between City of Sebastian and PrimeCo Personal
Communications. Please have the agreements initialed where
indicated and return two back to me in the enclosed pre -paid Federal
Express envelope (please retain one original for your file).
Please note that the first annual rental payment shall be released upon
issuance of the Certificate of Occupancy as stated under paragraph
3(a) of the Lease Agreement.
If you have any questions and/or comments, please feel free to contact
me direct at (561) 995-5587.
Sim-�J�--�
Ada Rodriguez
Leasing Administrator
/ar
Enclosure
C*1
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
August 1, 1997
Ms. Ada Rodriguez, Leasing Administrator
PrimeCo Personal Communications
777 Yamato Road, Suite 600
Boca Raton, FL 33431-4407
Dear Ms. Rodriguez:
Enclosed you will find two "Ground and Tower Lease Agreements" between City of Sebastian
and PrimeCo Personal Communications. The Lease Agreements have been initialed as
requested.
Sincerely,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KMO/ctd
Enclosure