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HomeMy WebLinkAboutCorrespondenceDebbie Krueger From: Wayne Eseltine Sent: Friday, March 25, 200510:19 AM To: Debbie Krueger Subject: RE: Crown Castle Tower Building Permit Debbie, has this issue been resolved? The contractor is asking for his permit. -----Original Message ----- From: Debbie Krueger Sent: Friday, March 18, 2005 9:33 AM To: Wayne Fseltine Subject: FW: Crown Castle Tower Building Permit FYI, Debra Krueger Assistant Director of Finance 772-388-8204 ----Original Message ----- From: Tracy Hass Sent: Thursday, March 17, 2005 6:48 PM To: Debbie Krueger Subject: Crown Castle Tower Deb, I spoke with Rich concerning the additional Bellsouth antennae to be placed on the Crown Castle Communications tower located behind City Hall, and he advised that placement of additional antennae is acceptable under their current lease agreement. However, he also advised that I provide you with a copy of the permit application so you can arrange for payment in accordance with lease provisions. I suggest that we not issue the permit until such time as we receive the outstanding payments already accrued. The application is in my office should we receive payment, at which time it may be forwarded to the building department for release. Thank you, Trace Tracy E. Hass, AICP Growth Management Director City of Sebastian, Florida (772) 589-5518 Debbie Krueger From: Tracy Hass Sent: Tuesday, April 05, 2005 2:36 PM To: Debbie Krueger Subject: RE: Building Permit for Crown Debbie, In follow up to our conversation earlier today, please find the following to be an outline of events leading to the issuance of a building permit to Metro PCS for collocating an antennae on the Bellsouth Communications Tower located on City Hall property. Initially, the building permit application was on hold for zoning review until such time as the City received payment for unpaid lease revenues. Approximately two weeks following delivery of the permit application to my office, representatives of Metro PCS explained in great detail how they were subleasing space from Crown Castle Communications and Bellsouth in order to enhance the 911 -evacuation route coverage along the eastern seaboard. In discussions with Jim Smith of Crown Castle, he assured me that his office had contacted Bellsouth and they were prepared to cut a check for all back payments, which was to be delivered to City Hall within ten days - dating from Thursday, March 31st. That said, I presented the information to City Attorney Rich Stringer, upon which he advised me to release the building permit for Metro PCS, as they were an independent third party not involved in the financial debacle with Crown Castle. Therefore, I signed off on the permit application and released it to the building department on Friday, April 1 st - coincidentally not an April Fools joke! I hope this provides you with a bit of clarity regarding issuance of the Metro PCS building permit. Please let me know if I can be of further assistance. Tracy Page 1 of 2 Debbie Krueger From: Debbie Krueger Sent: Monday, May 15, 2006 4:04 PM To: Rich Stringer; Alfred Minner; Shai Francis Subject: Bell South Communication Tower Site #801858 FL VERO Crown Castle would like to extend their tower lease from 25 years to a perpetual lease. Please review to see if it would be worth our time. I have attached a spreadsheet and highlighted the forecasted revenue for this lease. I don't think the $319,000 that they are offering, compares to the $671,000 we will be receiving if we kept the lease in place and continued on for the next 100 years. Though we do get the money in one shot instead of monthly. Let me know what you all think. Debra Krueger City of Sebastian Assistant Finance Director Telephone #772-388-8204 Fax #772-388-8249 email address: dkrueger@cityofsebastian.org -----Original Message ----- From: Bethany Maggiano[mailto:bmaggiano@geminidevgroup.com] Sent: Monday, May 15, 2006 3:37 PM To: Debbie Krueger Subject: Re: [spam] Site #801858 FL VERO Sony about that - please find the original message below: Ms. Krueger, As discussed, please find attached an offer letter regarding the city's tower site with Crown Castle. Please distribute to the appropriate parties. After we spoke on the telephone, I was informed that an additional 10 x 13 space is needed to accommodate a Nextel generator at the site. Crown has requested that we move forward as quickly as possible to accommodate Nextel's need. I have attached a proposed site sketch for your review. In summary, the proposal will now include the generator expansion as well. This way, we can accomplish both goals with one set of documents. Again, Crown has requested that we move as quickly as possible to resolve both goals. Please respond at your earliest convenience.. As we discussed, I know the decision is not solely up to you and the process may be quite involved. Therefore, please advise me of the frequency of council/city meetings so that I can give Crown an estimate of when the proposal will be reviewed. I look forward to working with you! -Bethany 5/15/2006 Page 2 of 2 Bethany Maggiano Gemini Development Group, Inc. 440.773.3982 bmag iano o,peminidevgroup.com ----- Original Message ----- From: Debbie Krueger To: 'Bethany Maggiano' Sent: Monday, May 15, 2006 3:10 PM Subject: RE: [spam] Site #801858 FL VERO I did not receive the email & letter from last week. Could you resend??? Thank you, Debra Krueger City of Sebastian Assistant Finance Director Telephone #772-388-8204 Fax #772-388-8249 email address: dkruegerCWcityofsebastian. org -----Original Message ----- From: Bethany Maggiano [mailto: bmaggiano@geminidevgroup.com] Sent: Monday, May 15, 2006 2:46 PM To: dkrueger@cityofsebastian.org Subject: [spam] Site #801858 FL VERO Importance: Low Ms. Krueger, I just wanted to follow up with you to verify that you received the e-mail & letter that I sent you last week. Please advise me of the frequency of city meeting so that I can advise Crown & estimate when the proposal letter will be reviewed. Sincerely, Bethany Bethany Maggiano Gemini Development Group, Inc. 440.773.3982 bmaggiano@gemin idevgroup.com 5/15/2006 Page 1 of 2 Debbie Krueger To: Rich Stringer; Alfred Minner Subject: Bell South Communication Tower Site #801858 FL VERO -----Original Message ----- From: Bethany Maggiano[mailto:bmaggiano@geminidevgroup.com] Sent: Monday, May 15, 2006 3:37 PM To: Debbie Krueger Subject: Re: [spam] Site #801858 FL VERO Sorry about that - please find the original message below. Ms. Krueger, As discussed, please find attached an offer letter regarding the city's tower site with Crown Castle. Please distribute to the appropriate parties. After we spoke on the telephone, I was informed that an additional 10 x 13 space is needed to accommodate a Nextel generator at the site. Crown has requested that we move forward as quickly as possible to accommodate Nextel's need. I have attached a proposed site sketch for your review. In summary, the proposal will now include the generator expansion as well. This way, we can accomplish both goals with one set of documents. Again, Crown has requested that we move as quickly as possible to resolve both goals. Please respond at your earliest convenience. As we discussed, I know the decision is not solely up to you and the process may be quite involved. Therefore, please advise me of the frequency of council/city meetings so that I can give Crown an estimate of when the proposal will be reviewed. I look forward to working with you! -Bethany Bethany Maggiano Gemini Development Group, Inc. 440.773.3982 bmag ig ano@geminidevgroup.com ----- Original Message ---- Prom: Debbie Krueger To: 'Bethany Maggiano_' Sent: Monday, May 15, 2006 3:10 PM Subject: RE: [spam] Site #801858 FL VERO I did not receive the email & letter from last week. Could you resend??? Thank you, Debra Krueger City of Sebastian 5/15/2006 Page 2 of 2 Assistant Finance Director Telephone #772-388-8204 Fax #772-388-8249 email address: dkrueger@cityofsebastian. org -----Original Message ----- From: Bethany Maggiano [mailto: bmaggiano@geminidevgroup.com] Sent: Monday, May 15, 2006 2:46 PM To: dkrueger@cityofsebastian.org Subject: [spam] Site #801858 FL VERO Importance: Low Ms. Krueger, I just wanted to follow up with you to verify that you received the e-mail & letter that I sent you last week. Please advise me of the frequency of city meeting so that I can advise Crown & estimate when the proposal letter will be reviewed. Sincerely, Bethany Bethany Maggiano Gemini Development Group, Inc. 440.773.3982 bmagQiano _geminidevgroup.com 5/15/2006 0 Betbany magpiano Gemini Development Group ; Crown Castle International 6573 Cochran Road i An Authorized Vendor of 2000 Corporate Drive Suite A Solon, OH 44139 Crown Castle International Canonsburg, PA 15317 Tel 440-505-2200 Fax 866-607-4607 May 9, 2006 City of Sebastian Attn: Debra Krueger 1225 Main Street Sebastian, FL 32958 RE: Tower Site #801858 FL Vero 6 BSI 801858 Dear Ms Krueger, It was a pleasure speaking with you earlier today. As discussed, I have prepared this letter to describe the Perpetual Easement Program and the Lease Extension Program that Crown Castle currently offers to some of their Landlords. Please understand that I have prepared this letter for discussion purposes only and it does not constitute an official offer. I appreciate your prompt attention to this matter. Your Lease with Crown expires December 31, 2024. Based on the current use of the tower site, its location, and local market data, we have determined that we would like to continue operating at this site on a long -tem basis. Although the expiration date of 2024 may seem distant, from a business standpoint, it is fast approaching. Therefore, Crown is interested in taking action now to ensure a long-lasting relationship. After we spoke on the telephone, I was informed that an additional 10 x 13 space is needed to accommodate a Nextel generator at the site. Crown has requested that we move forward as quickly as possible to accommodate Nextel's need. I have attached a proposed site sketch for your review. In summary, the proposal will now include the generator expansion as well. This way, we can accomplish both goals with one set of documents. In order to facilitate this, we have designed the following programs: 1. Easement Program The Easement Program is similar to a land purchase except that instead of a general warrantee deed the Landlord conveys a perpetual easement. Crown's perpetual easement document is just like those used by the power and telephone companies for the past 100 years. With a perpetual easement the Landlord maintains ownership in the land underneath the tower site, but Crown has the right to use the site forever. Crown would offer $319,000.00 for a perpetual easement for the site including the 10 x 13 expansion. This figure could hold a tremendous amount of investment potential for your city. 2. Lease Extension Program Under the Lease Extension Program we allow our Landlords the ability to extend their Tower Lease for another 30 to 100 years. The original Option and Lease Agreement terms will remain in force along with the First Amendment. This program simply extends the length of time that the lease is in force and provides more security for both parties. Again, Crown is also requesting a 10 x 13 expansion to accommodate Nextel's generator in conjunction with the extension. As an additional incentive, and as thanks for the opportunity to extend our Lease, we are willing to offer you a $5,000 signing bonus when the new Lease Extension is executed. Take some time to review this information with the city council members. Please call me at the number below with any questions. I will be contacting you soon to review this as well. Sincerely, an Bethany Ma ano Portfolio Specialist Gemini Development Group An Authorized Vendor of Crown Castle International (440) 773-3982 MAGNETIC NORTH OEWITION FOR TRUE NORTH = QFQREEC H • �a I 0 _I 1.-0" ,3T -0 - (COMPOUND AREA) 3'-0"x2 -0" IRRIGATION PUMP ICE BRIDGE CINGULAR 10'-0"x21'-0" EQUIPMENT SHELTER ' ARFA > ....... .._........... ....... E , 1 E L: i •. i 170'-0" MONOPOLE --- -- - -- _ DIA / FOUNDATION �� ' ' •• '- _�- I' PIER -_- ---- ` t>a` ``SEH) METER i c: <IYGE TELCO BOX onARD' 6'-8" 12'-0" GATE BUSINESS UNIT: 801858 29'-4" 1'-0" VOICESTREAM 8'-0"x 14'-0" ' I i EOUIPMENT PAD ICE BRIDGE ` z wz cWi ` 2'-0" WIDE Ir Q _. a j ICE BRIDGE ow o 6'-8" 12'-0" GATE BUSINESS UNIT: 801858 29'-4" 1'-0" Page 1 of 3 Debbie Krueger From: Alfred Minner Sent: Monday, June 12, 2006 10:00 AM To: Debbie Krueger Subject: RE: [spam] Site #801858 FL VERO When ever is good for me Al Minner City Manager City of Sebastian -----Original Message ----- From: Debbie Krueger Sent: Monday, June 12, 2006 9:56 AM To: Shai Francis; Alfred Minner; Rich Stringer Subject: FW: [spam] Site #801858 FL VERO When would you all like to get together on this?? Debbie -----Original Message ----- From: Bethany Maggiano [mailto:bmaggiano@geminidevgroup.com] Sent: Thursday, May 25, 2006 10:00 AM To: Debbie Krueger Subject: Re: [spam] Site #801858 FL VERO Debbie, I am updating my notes to Crown Castle on this site. When should I expect to hear back from you regarding the city's decision? I just need a general timeframe for Crown's reference. Thanks, Bethany Bethany Maggiano Gemini Development Group, Inc. 440.773.3982 bmaggiano( ,P-eminidev roup.com ----- Original Message ----- From: Debbie Krueger To: 'Bethany Maggiano' Sent: Monday, May 15, 2006 4:04 PM Subject: RE: [spam] Site #801858 FL VERO Bethany, I have forwarded the information to the Finance Director, City Manager and City Attorney. When I hear something back I will call you. Thank you Debbie -----Original Message ----- From: Bethany Maggiano[mailto:bmaggiano@geminidevgroup.com] Sent: Monday, May 15, 2006 3:37 PM 6/12/2006 Page 2 of 3 To: Debbie Krueger Subject: Re: [spam] Site #801858 FL VERO Sorry about that - please find the original message below. Ms. Krueger, As discussed, please find attached an offer letter regarding the city's tower site with Crown Castle. Please distribute to the appropriate parties. After we spoke on the telephone, I was informed that an additional 10 x 13 space is needed to accommodate a Nextel generator at the site. Crown has requested that we move forward as quickly as possible to accommodate Nextel's need. I have attached a proposed site sketch for your review. In summary, the proposal will now include the generator expansion as well. This way, we can accomplish both goals with one set of documents. Again, Crown has requested that we move as quickly as possible to resolve both goals. Please respond at your earliest convenience. As we discussed, I know the decision is not solely up to you and the process may be quite involved. Therefore, please advise me of the frequency of council/city meetings so that I can give Crown an estimate of when the proposal will be reviewed. I look forward to working with you! -Bethany Bethany Maggiano Gemini Development Group, Inc. 440.773.3982 bmaggiano@p,eminidevaroup.com ----- Original Message ----- From: Debbie Krueger To: 'Bethany Maggi_ ano' Sent: Monday, May 15, 2006 3:10 PM Subject: RE: [spam] Site #801858 FL VERO I did not receive the email & letter from last week. Could you resend??? Thank you, Debra Krueger City of Sebastian Assistant Finance Director Telephone #772-388-8204 Fax #772-388-8249 email address: dkruegecit fsebastian. rg -----Original Message ----- From: Bethany Maggiano[mailto:bmaggiano@geminidevgroup.com] Sent: Monday, May 15, 2006 2:46 PM 6/12/2006 Page 3 of 3 To: dkrueger@cityofsebastian.org Subject: [spam] Site #801858 FL VERO Importance: Low Ms. Krueger, I just wanted to follow up with you to verify that you received the e-mail & letter that I sent you last week. Please advise me of the frequency of city meeting so that I can advise Crown & estimate when the proposal letter will be reviewed. Sincerely, Bethany Bethany Maggiano Gemini Development Group, Inc. 440.773.3982 bmaggiano ,�geminidevgroup.com 6/12/2006 Debbie Krueger From: Debbie Krueger Sent: Thursday, January 28, 201012:02 PM To: 'gus.garcia@crowncastle.com' Cc: Chris McCarthy Subject: Tower located at 1201 Main Street (BU #801858) Hi Gus, Per our discussion today, Chris McCarthy our Parks & Recreation Superintendent went out to the sight of the tower to see if there was any space available "additional land" available for Crown Castle to obtain an option to lease additional ground space. Following the site visit it was determined that there is limited space available and if you or a representatitve would like a site visit, Chris McCarthy would be available to show you the options. Per our earlier discussion the proposed options originally supplied from Crown Castle would not be suitable for the following reasons: 1. Proposed area is very close to an existing volleyball court. 2. Proposed area will be encroaching on a drainage retention area, as well as the grade slopes dramatically in that area. If we can be of any further assistance, or you would like Mr. McCarthy to meet with you or a representative feel free to contact me. Thank you.. Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772-388-8202 Fax #772-388-8247 email address: dkrueger@cityofsebastian.org ara HOOM Oruicm ELMO Memorandum To: Wayne Eseltine, Building Director Rebecca Grohall, Growth Management Director Chris McCarthy, Parks & Recreation Superintendent Jerry Converse, Public Works Director Linda Kinchen, Public Works Supervisor From: Debra Krueger, Administrative Services Director Date: December 8, 2009 Re: Communication Tower located @ 1201 Main Street (BU#801858) Please review the attached request from Crown Castle International to secure an option to lease additional land space. Currently Crown Castle subleases the communication tower from AT&T, in which we receive $3,743.86 per month for rent and revenue sharing on the tower and the antennas. If all looks good to you all, we will execute the lease and begin collecting our additional rent. If not, I will respond to them. Please get back with me prior to Wednesday, December 16, 2009 with your comments. If you have any questions, please do not hesitate to call me. We appreciate your assistance in this matter. l pello - qPacro 4 a l cam— ®�,ow�l Debbie Krueger From: Wayne Eseltine Sent: Tuesday, December 08, 2009 4:21 PM To: Debbie Krueger Subject: Communications Tower 1201 Main St. Debbie, Regarding the expansion of the site, I see no issues from a Building Code standpoint. However, the following practicality issues appear to be problematic: • The proposed expansion area appears to be very close to the existing volleyball court making it unusable for play. • The proposed expansion will be encroaching on the drainage retention area for the park. The grade slopes severely outside the fenced area to +/- 6-0 below existing grade at the base of the tower. To utilize this property a retaining wall will need to be built or bring in large amounts of fill to bring everything to the same grade. Encroaching into the drainage retention area will most likely trigger an approval requirement through St. John's Water Management District along with a revised site plan, which could be a lengthy process. Wayne Eseltine Building Director City of Sebastian INTERNATIONAL ��: November 23, 2009 Certified Delivery City of Sebastian ATTN: Al Minner 1225 Main St Sebastian, FL 32958 Re:- Tower located at 1201 Main Street (BU #801858) Dear Mr. Minner: Crown Castle ("Crown") is reviewing options to improve the tower site referenced above. One of the options we are assessing includes obtaining an option to lease additional ground space from you. This would make the subject tower more attractive to future tenants since at the moment there is not enough ground space to accommodate a new tenant. Crown would like to secure an option to lease ground space ("additional land") as shown on the attached drawing (Option #1 & Option #2). Once a future tenant is secured and starts utilizing the additional land, Crown will pay to you, as our landlord, an additional $200/month rent for as long as the lease is in effect and the tenant is utilizing the additional land. This is in addition to 25% of the revenue of the new carrier as stated in the lease. If you are in agreement with this proposal, please sign this letter and return it to me in the enclosed self-addressed, stamped envelope. I have included an extra copy of the letter for you to keep. Once I receive the signed letter from you, I will have an amendment to the lease prepared and will send it to you to sign. I thank you in advance for your continued cooperation with Crown. Should you have questions, please do not hesitate to contact me at (813) 342-3853 or by email at gus.garcia@crowncastle.com. Sincerely, Crown Castle S th LLC Gus Garcia Property Specialist — South Area Agreed this day of 12009. By: Print Name: Its: Enclosures: drawing, copy of letter, self-addressed stamped envelope 6306 Benjamin Road • Suite 604 • Tampa, Florida, 33634 Tel - 813.342.3853 • Fax — 813.342.3901 INTERNATIONAL �zr November 23, 2009 Certified Delivery City of Sebastian ATTN: Al Minner 1225 Main St Sebastian, FL 32958 Re: Tower located at 1201 Main Street (BU #801858) Dear Mr. Minner: Crown Castle ("Crown") is reviewing options to improve the tower site referenced above. One of the options we are assessing includes obtaining an option to lease additional ground space from you. This would make the subject tower more attractive to future tenants since at the moment there is not enough ground space to accommodate a new tenant. Crown would like to secure an option to lease ground space ("additional land") as shown on the attached drawing (Option #1 & Option #2) . Once a future tenant is secured and starts utilizing the additional land, Crown will pay to you, as our landlord, an additional $200/month rent for as long as the lease is in effect and the tenant is utilizing the additional land. This is in addition to 25% of the revenue of the new carrier as stated in the lease. If you are in agreement with this proposal, please sign this letter and return it to me in the enclosed self-addressed, stamped envelope. I have included an extra copy of the letter for you to keep. Once I receive the signed letter from you, I will have an amendment to the lease prepared and will send it to you to sign. I thank you in advance for your continued cooperation with Crown. Should you have questions, please do not hesitate to contact me at (813) 342-3853 or by email at gus.garcia@crowncastle.com. Sir_cerely, CrownSouth Gio-- Gus Ga;1a Property Specialist — South Area Agreed this day of )2009. By: Print Name: Its: Enclosures: drawing, copy of letter, self-addressed stamped envelope 6306 Benjamin Road • Suite 604 • Tampa, Florida, 33634 Tel - 813.342.3853 • Fax — 813.342.3901 E 5W -O" AREA) 4'-10" 1. 36* -2" 4'-0, . 3,-0, - q�7 3'-O"x2'-O' AT&T MOBILITY IRRIGATION 14 10'-01 r Pump BUILDING > METRO PCS 1701-01 8, -0'x12' -O' MONOPOLE TOWER PAD IN A 10' -0'x14* -0* FND. PIER AREA T -MOBILE Go I 8'-O"xl4*-O" T -MOBILE PAD INA TELCO edx METER N 15'-0'x23'-0" BOARD AREA �ICE BRIDGE'l . •. . . . •. . . . . . .•. . . . .......... . . .... ...... - -- --- - 0 C.) -4- i 2'-9- IEE_BRIDGE (TYP.) Igil - rl THIS SECTION OF THE FENCE TO E-REMOVI WOR klwc- T-MOI PPC RACK NEXTEL 3'-0' WORKING BUILDING IN A CLEARANCE 18*-O'x26'-0' AREA 5.-0. 12'-0" 22'-7* 6--g- (GATE) BUSINESS UNIT: 601858 03 v Debbie Krueger. From: Rebecca Grohall Sent: Tuesday, December 08, 2009 2:14 PM To: Debbie Krueger Cc: Alfred Minner; Robert Ginsburg Subject: Crown Castle I just received your memo - and I have a few questions. For clarification - this is the site behind the playground, closer to friendship park? Not the tower immediately behind the PD? We have a chapter in the LDC applicable to cell towers, they would need to follow the procedure outlined in the code (site plan application) before applying for building permits or conducting any work. Its my recommendation that any lease options or leases need to reference that they need site plan approval prior to any actual installation of subleasing of equipment. I would highly recommend that any future leases (if not already in the lease) include language that makes them responsible for maintenance on the tower (including osprey nest removal). From a financial perspective, I think the City should lease with other companies directly, rather than allowing them as subleasee to another company. Does Metro PCS and Nextel lease their space directly from the City or as sublesee to AT & T? What rates do they pay? The city would receive significantly more as the leasee than they would receive by allowing AT & T to sublease. Also, I don't think they should get an option without payment for that option. I think its typical that during an option -the company pays us a portion of the usual monthly rent. I know T -Mobile proposed paying a monthly fee during the option period. It appears from that letter that they are not proposing any payment during the option period. I can provide you the T Mobile lease/option if you want to view it. Rebecca Grohall, AICP Growth Management Director City of Sebastian rgrohall@cityofsebastian.org (772) 388-8228 OfOF st HOW OF Memorandum To: Wayne Eseltine, Building Director Rebecca Grohall, Growth Management Director Chris McCarthy, Parks & Recreation Superintendent Jerry Converse, Public Works Director Linda Kinchen, Public Works Supervisor From: Debra Krueger, Administrative Services Director Date: December 8, 2009 Re: Communication Tower located @ 1201 Main Street (BU#801858) Please review the attached request from Crown Castle International to secure an option to lease additional land space. Currently Crown Castle subleases the communication tower from AT&T, in which we receive $3,743.86 per month for rent and revenue sharing on the tower and the antennas. If all looks good to you all, we will execute the lease and begin collecting our additional rent. If not, I will respond to them. Please get back with me prior to Wednesday, December 16, 2009 with your comments. If you have any questions, please do not hesitate to call me. We appreciate your assistance in this matter. INTERNATIONAL November 23, 2009 Certified Delivery City of Sebastian ATTN: Al Minner 1225 Main St Sebastian, FL 32958 Re: Tower located at 1201 Main Street (BU #801858) Dear Mr. Minner: Crown Castle ("Crown") is reviewing options to improve the tower site referenced above. One of the options we are assessing includes obtaining an option to lease additional ground space from you. This would make the subject tower more attractive to future tenants since at the moment there is not enough ground space to accommodate a new tenant. Crown would like to secure an option to lease ground space ("additional land") as shown on the attached drawing (Option #1 & Option #2) . Once a future tenant is secured and starts utilizing the additional land, Crown will pay to you, as our landlord, an additional $200/month rent for as long as the lease is in effect and the tenant is utilizing the additional land. This is in addition to 25% of the revenue of the new carrier as stated in the lease. If you are in agreement with this proposal, please sign this letter and return it to me in the enclosed self-addressed; stamped envelope. I have included an extra copy of the letter for you to keep. Once I receive the signed letter from you, I will have an amendment to the lease prepared and will send it to you to sign. I thank you in advance for your continued cooperation with Crown. Should you have questions, please do not hesitate to contact me at (813) 342-3853 or by email at gus.garcia@crowncastle.com. SircereIv, Crown South Cio-- Gus Gar is Property Specialist — South Area Agreed this day of , 2009. By: Print Name: Its: Enclosures: drawing, copy of letter, self-addressed stamped envelope 6306 Benjamin Road • Suite 604 • Tampa, Florida, 33634 Tel - 813.342.3853 • Fax — 813.342.3901 JE (ARCA) 4W-0- -(C-P0..D �MU) 36'-V tq AT&T Y081 r- 0' UTY IRRIGATION ,0'-011 " 0 PUMP milolm, METRO PCs W -o'.1 2'-0' MONOPOLE TOWER PAD IN A MD. PIER-\ PQ INAS- T -mm" ELco wx uEiat I IS AREA BRIO'G'E' 3_9'__'CE mIRT (TYP) oallD ---I A MIS SOCTION OF 1NE FENCE TO -REMOVED, 9Si -- W6WIKING P/ IIIcFkT-WBILE PIN: WK NUTD, I tCr=E BUti-DING IN A A� 5 X45 � &7/Z BUSINESS UNIT: B01858 t Debbie Krueger From: Debbie Krueger Sent: Thursday, October 13, 2011 11:24 AM To: 'gus.garcia@crowncastle.com' Subject: City of Sebastian Cell Tower Located at 1201 Main Street (BU #8018581 Attachments: doc20111013112127.pdf v� doc2011101311212 7.pdf (254 KB)... Attached is an email sent to you on January 28, 2010, in which a reply was never received. Has there been any movement on this project, or shall we consider it closed?? Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772-388-8202 Fax #772-388-8247 email address: dkrueger@cityofsebastian.org Debbie Krueger From: Administrator Sent: Thursday, October 13, 2011 11:24 AM To: Debbie Krueger Subject: Delivery Status Notification (Relay) Attachments: ATT459683.txt; City of Sebastian Cell Tower Located at 1201 Main Street (BU #801858) ATT459683.txt City of Sebastian (242 B) Cell Tower L... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. gus.garcia@crowncastle.com 1 City of Sebastian Cell Tower Located at 1201 Main Street (BU #801858) Page 1 of 1 Debbie Krueger From: Garcia, Gus [Gus.Garcia@crowncastle.com] Sent: Thursday, October 13, 2011 12:59 PM To: Debbie Krueger Subject: RE: City of Sebastian Cell Tower Located at 1201 Main Street (BU #801858) Debra — Because of the response we received we did not move forward with this requirement. Thank you for your follow-up. Thank you, Gus Garcia Property Specialist — SWFL Crown Castle 6306 Benjamin Rd Suite 604 Tampa, FL 33614 Tel - 813-342-3853 Cell - 813-767-1702 Fax - 813-342-3901 gus.garcia@crowncastle.com From: Debbie Krueger (mailto:dkrueger@cityofsebastian.org] Sent: Thursday, October 13, 201111:24 AM To: Garcia, Gus Subject: City of Sebastian Cell Tower Located at 1201 Main Street (BU #801858) <<doc20111013112127. pdf» Attached is an email sent to you on January 28, 2010, in which a reply was never received. Has there been any movement on this project, or shall we consider it closed?? Debra Krueger, CGFO City of Sebastian Administrative Services Director Telephone #772-388-8202 Fax #772-388-8247 email address: dkrueger@cityofsebastian.org This email may contain confidential or privileged material. Use or disclosure of it by anyone other than the recipient is unauthorized. If you are not an intended recipient, please delete this email. 10/13/2011 Page 1 of 4 Debbie Krueger From: MIS Sent: Thursday, June 13, 2013 4:09 PM To: Debbie Krueger Subject: FW: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police From: Lea Collins [mailto:lcollins@unitedcommercial.net] Sent: Thursday, June 13, 2013 4:06 PM To: MIS Subject: RE: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police The projected construction start date is 7/20. I will be in touch once we get closer. Lea Coffins 325 Covent Gardens Place I Deltona, FL 32725 Mobile: 407-694-8951 Fax: 855482-3913 lcollins@unitedcommercial.net @No UNI 1 I1 y From: Lea Collins Sent: Thursday, June 13, 2013 3:57 PM To: 'MIS' Subject: RE: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Hi Barbara, I received your VM. I am tracking down the construction schedule. Standby. Lea Coffins 325 Covent Gardens Place I Deltona, FL 32725 Mobile: 407-694-8951 Fax: 855-482-3913 lcollins@unitedcommercial.net UNI ITT) CON I N 11:RVI A1, From: MIS[mailto:MISC@CityOfSebastian.o[g] Sent: Tuesday, November 27, 2012 2:41 PM To: Lea Collins Subject: RE: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Here is the document, signed, as requested. Sincerely; Barbara Brooke -Reese MIS Senior Systems Analyst City of Sebastian 6/17/2013 Page 2 of 4 MIS Department 772-388-8246 Direct breese@cityofsebastian.orp. From: Lea Collins rmailto:lcollins unitedcommercial.net] Sent: Tuesday, November 27, 2012 2:14 PM To: MIS Subject: RE: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Barbara, In an effort to gain regulatory approval, can you please review the attached document? Once approved, please sign where indicated and email a copy to my attention. The questions solely pertain to the tower. Thank you! From: MIS Sent: Tuesday, November 20, 2012 7:44 AM To: Debbie Krueger Subject: FW: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police From: Lea Collins rmailto:lcollins unitedcommercial.net] Sent: Monday, November 19, 2012 5:03 PM To: MIS Subject: RE: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Hi Barbara, Before we can start the permitting process, we will need the Consent and the 1 st page of the plans executed by the City. Once we have those items, then this will trigger the engineer to complete the structural analysis to ensure the tower is adequate to support the additional loading. Once we have a passing structural, then we will file for the permit. Works for you? Lea CoNns United Commercial Real Estate Services, Inc. 1320 Stellar Drive Oviedo, FL 32765 Mobile: 407-694-8951 From: MIS rmailto:MIS CityOfSebastian.or4] Sent: Monday, November 19, 2012 3:42 PM To: Lea Collins Subject: FW: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Please see the comments below from the Building Director regarding your request to add antennae to the Tower behind the Sebastian police department. Sincerely; Barbara Brooke -Reese 6/17/2013 Page 3 of 4 MIS Senior Systems Analyst City of Sebastian MIS Department 772-388-8246 Direct breese@cityofsebastian.ore From: Wayne Eseltine Sent: Monday, November 19, 2012 3:25 PM To: MIS Cc: Debbie Krueger Subject: RE: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Applicant needs to apply for a permit for the new antennae's to be added to the tower. They need a permit application from a licensed contractor and two sets of their sealed plans. Wayne Eseltine, CBO Building Director City of Sebastian 772-388-8235 From: MIS Sent: Thursday, November 15, 2012 2:25 PM To: Wayne Eseltine Cc: Debbie Krueger Subject: FW: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Wayne; Please review the plans regarding the tower behind the Police department,. Verizon wants to make an addition to what they already have up there. please advise. Sincerely; Barbara Brooke -Reese MIS Senior Systems Analyst City of Sebastian MIS Department 772-388-8246 Direct breese@cityofsebastian.org From: Lea Collins rmailto:lcollins unitedcommercial.net] Sent: Wednesday, November 14, 2012 7:25 AM To: MIS Subject: FW: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Barbara, Please see the attached consent letter and plans for your consideration. Once approved, please have the appropriate person sign the consent and the 1St page of the plans. I will then have Verizon cross -execute and provide a copy for your files. 6/17/2013 Page 4 of 4 Regards, Lea ON= United Commercial Real Estate Services, Inc. 1320 Stellar Drive Oviedo, FL 32765 Mobile: 407-694-8951 From: Lea Collins Sent: Thursday, October 25, 2012 4:17 PM To: 'mis@cityofsebastian.org' Subject: RE: Verizon @ 1201 Main Street, Sebastian, FL VZW Site: 62719/Sebastian Police Barbara, Verizon Wireless needs to make the necessary improvement to the site by installing one (1) equipment cabinet within their leased area and adding (3) additional antennas and related coaxial cables to their current loading. Pursuant to Section 4 of the Ground and Tower Lease Agreement dated July 24, 1997, Verizon "...may construct, remove, replace, maintain, secure and operate a communications facility... without limitation... PCS antenna array (as such antenna array may be modified, added to .... from time to time). This proposal is within Verizon's entitlement and a consent letter is only required, which I will send to you shortly for review. I have attached a copy of the Agreement and the proposed antenna specs for your convenience. I will provide a copy of the drawings depicting the location of the proposed antennas when they become available. Please feel free to contact me with any questions or concerns. Respectfully, Lea CoNns United Commercial Real Estate Services, Inc. 1320 Stellar Drive Oviedo, FL 32765 Mobile: 407-694-8951 6/17/2013 UiY OF SEMAN 4m;;� HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 • FAX (561) 589-5570 ." ?Ili"I CE '01 AN 31 M 10 53 January 30,2001 Luis Flores Weil, Gotshal & Manges, LLP 701 Brickell Avenue Suite 2100 Miami, FL 33131 re: Crown/BellSouth Mobility groundlease; title concerns Dear Luis: I have reviewed the Primeco lease with the City dated July 24, 1997 with a view towards your title concerns. As referenced in the document from Official Records 1167/2087, said document is merely a "notice" recording and states on its face that a land lease exists on the described parcel in accordance with the terms of an unrecorded document. I am providing a copy of said unrecorded document from the public records of the City of Sebastian. As is referenced in both the recorded and unrecorded documents, the site location is the existing police radio tower and a limited ground space adjacent thereto as shown in Exhibit A-3 of said lease. These public records clearly demonstrate that there is no conflict between this area and the groundlease parcel for BellSouth Mobility. As for the concerns with the Notice of Commencement, you stated that the title issue involved potential lien attachment to the described parcels under Chapter 713. Although the Notices were recorded on a Chapter 713 form, this was recorded as a courtesy so that a subcontractor could find the relevant parties to make a claim upon the statutorily - mandated public payment bonds. By law, no construction lien can attach to municipal property and thus there could be no resulting impact on the leasehold of BellSouth. An Equal Opportunity Employer" Celebrating Our 75th Anniversary I hope this satisfies any concerns you have relating to these title issues. As I told you, the tower was actually constructed (installed?) last week. Please let me know if I may be of further assistance. Respectfully, Rich Stringer City Attorney cc: City Manager Director of Finance Dave Herring \kR 0 r, OPTION AND LEASE AGREEMENT This Agreement is made this day of 2000, between CITY OF SEBASTIAN, a Florida whose address is 1225 Main Street icipal corporation, hereinafter designated LESSOR, and BELLSOUTastian FL 32958, offices at 5201 Congress Avenue, H MOBILITY with hereinafter designated TENANT. Boca Raton, Flo a 33487, LGd� ,6y• Lrli&,u-14r cL�� iT5 SALE RECITALS;/ LESSOR is the owner of certain real Property 1 1201 Main Street Sebastian, Indian Riverp y ocated at Florida, and TENANT desires to obtain an Option County, State of Of said real property.,p on to lease a portion square feet, together with atwenty foot containing �appr°ximately 2500 for access thereto (said leased parcel and r20 } wide right of way called "Property"). The Property is more specifically t °f ti`'ay hereinafter and substantially shown outlined in red n Exhibit rdescribed in hereto and made a part hereof. Mbit A attached NOW, THEREFORE, in consideration of a sum HUNDRED Dollars x$500.00), hereinafter referred °f FIVE Money",, rred to as "Option provide upon ei Sae by TENANT to the LESSOR, which xecution of this Agreement, the LESSOR herebTENANT y grants to TENANT the right and Option to lease said y real property, including a right of way for access portion of said term and in accordance with the covenants and c ss thereto, for the herein, conditions set forth The Option may be exercised at any time with months from final execution of this Agreement b In twelve (12) y LESSOR. At TENANT's election notification to LESSOR, the time during TENANT'S prior written exercised may be further extended for one which the Option may be six (6) months, with an additional ( } additional period of Dollars ($1,000 00) by TENANT to LESSOR payment e the of ONE THOUSAND extended. The time during which the Option ma be Option Period so further extended by mutual agreement in writing. exercised may be Option Period, or during the term of the lease If during said exercised, the LESSOR decides to subdivide, sell the Option is 1 or change the I status of the Property or Lessor's property contiguous thereto, LESSOR shall immediately notify TENANT in writing so that TENANT can take steps necessary to protect TENANT's interest in the Property. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property. This Option may not be sold, assigned or transferred at any time except, to TENANT's principal, affiliates or subsidiaries of its principal. As to other parties, this Option may not be sold, assigned or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. Should TENANT fail to exercise this Option or any extension thereof within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this Option terminated, and LESSOR shall retain all money paid for the Option, and no additional money shall be payable by either party to the other. The LESSOR shall permit TENANT during the Option Period free ingress and egress to the Property to conduct such surveys, structural strength analysis, subsurface boring tests and other activities of similar nature, as TENANT may deem necessary, at the sole cost of TENANT. In addition, TENANT shall have the right to file any applications for certificates, permits and other approvals that may be required by any federal, state or local authorities. LESSOR agrees to cooperate with TENANT in its efforts to obtain such approvals and sign such papers as may be required to file applications with the appropriate authorities. Notice of the exercise of the Option shall be given by TENANT to the LESSOR, in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted. On the date of such notice, the following Agreement shall take effect: LEASE AGREEMENT 1. LESSOR hereby leases to TENANT that certain parcel of real property, containing approximately 2500 square feet, situated At 1201 Main Street, Sebastian, Indian River County, State of Florida, together with the nonexclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation 2 and maintenance of utility wires, cables, conduits and pipes over, under or along a twenty foot ( 2 0 ' ) wide right of way extending from the nearest public right of way, namely Cross Street, to the leased parcel, said leased parcel and right of way for access being substantially as described herein in Exhibit "A" and as shown enclosed within red lines on Exhibit "A" attached hereto and made a part hereof. Said leased parcel and right of way for access shall be hereinafter referred to as "Property". LESSOR shall cooperate with TENANT in TENANT's effort to obtain utility services along said right of way by signing such documents or easements as may be required by said utility companies. In the event any public utility is unable to use the aforementioned right of way, the LESSOR hereby agrees to grant an alternative right of way or utility easement either to the TENANT or to the public utility at no cost to the TENANT. 2. LESSOR also hereby grants to TENANT the right to survey said Property, and the legal description on said survey shall then become Exhibit "B", which shall be attached hereto and made a part hereof, and shall control in the event of discrepancies between it and Exhibit "A". LESSOR grants TENANT the right to take measurements, make calculations, and to note other structures, setbacks, uses, or other information as deemed by TENANT to be relevant and pertinent, as such information relates to LESSOR's real property, leased or otherwise abutting or surrounding the Property. Cost for such survey work shall be borne by the TENANT. 3. This Agreement shall be for an initial term of five ( 5 ) years beginning on the date the Option is exercised by TENANT at an annual rental of Eighteen Thousand Dollars ($18,OOOZ, plus applicable taxes, to be paid in equal monthly installments on the first day of the month, in advance to City of Sebastian or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. 4. TENANT shall have the option to extend this lease for four (4) additional five (5) year terms, and such extensions shall automatically occur unless TENANT gives LESSOR written notice of its intention not to extend this Lease Agreement at least six (6) months prior to the end of the current term. 5. extension extension extension year The annual rental for the fir term shall be _ Dollars ( ); the second term shall be Dollars ( ); the thir term shall be Dollars ( ); and the extension term shall be Dollars ( ). firs 3 (1st) five year increased to (2nd) five (5) year increased to d ( 3rd) five ( 5 ) year increased to fourth (4th) five (5) increased to 6 . If at the end of the fourth (4th) five ( 5 ) year extension term this Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of such term. Monthly rental for this period shall be equal to the rent paid for the last month of the fourth (4th) five (5) year extension term. 7. TENANT shall use the Property for the purpose of constructing, maintaining and operating a Communications Facility and uses incidental thereto, consisting of a building or buildings as necessary now or in the future to shelter telecommunications equipment and related office space, a free standing monopole or three sided antenna structure of sufficient height now or in the future to meet TENANT's telecommunication needs and all necessary connecting appurtenances. TENANT may at its discretion modify its antenna structure or building(s). A security fence consisting of chain link construction or similar but comparable construction may at the option of TENANT be placed around the perimeter of the Property (not including the access easement). All improvements shall be at TENANT's expense. LESSOR grants TENANT the right to use adjoining and adjacent land as is reasonably required during construction, installation, maintenance, and operation of the Communications Facility. TENANT will maintain the Property in a reasonable condition. It is understood and agreed that TENANT's ability to use the Property is contingent upon its obtaining after the execution date of this Agreement, all of the certificates, permits and other approvals that may be required by any federal, state or local authorities. LESSOR shall cooperate with TENANT in its effort to obtain such approvals, including dedicating right of way or other customary extractions, and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by TENANT. LESSOR agrees to sign such papers as are customarily and reasonably required to file applications with the appropriate zoning authority and/or commission for the proper zoning of the Property as required for the use intended by the TENANT. TENANT will perform all other acts and bear expenses associated with the rezoning procedure. LESSOR agrees not to register any written or verbal opposition to the rezoning procedures. Notwithstanding any other termination rights available to TENANT under this Agreement, TENANT, at its sole and absolute discretion, shall have the right to terminate this Agreement with ninety (90) days prior written notice to LESSOR and a lump sum payment to LESSOR in an amount equal to six months rental at the rate in effect at the time of termination. Notice of the TENANT's exercise of its right to terminate shall be given to 4 LESSOR in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by the LESSOR as evidenced by the return receipt. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the parties shall have no further obligations, including the payment of money, to each other. 8. TENANT shall indemnify and hold LESSOR harmless against any claims of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Property by the TENANT, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of the LESSOR, or its servants or agents. 9. LESSOR agrees that TENANT may self -insure against any loss or damage which could be covered by a commercial general public liability insurance policy. 10. TENANT shall be responsible for making any necessary returns for and paying any and all property taxes separately levied or assessed against its improvements on the Property. TENANT shall reimburse LESSOR as additional rent for any increase in real estate taxes levied against the Property which are directly attributable to the improvements constructed by TENANT and are not separately levied or assessed against TENANT's improvements by the taxing authorities. 11. TENANT upon termination of this Agreement, shall, within a reasonable period, remove its personal property and fixtures and restore the Property to its original above grade condition, reasonable wear and tear excepted. At LESSOR's option when this Agreement is terminated and upon LESSOR's advance written notice to TENANT, TENANT will leave the foundation and security fence to become property of LESSOR. If such time for removal causes TENANT to remain on the Property after termination of this Agreement, TENANT shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of personal property and fixtures are completed. 12. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of his real property which includes the parcel of property leased by TENANT herein and/or the right of way thereto to a purchaser other than TENANT, such sale shall be under and subject to this Agreement and TENANT's rights hereunder. LESSOR agrees not to sell, lease or use any other areas of the larger parcel upon which the Property is situated for the placement of other communications facilities if, in TENANT's sole judgment, such installation would interfere with 5 the facilities in use by TENANT. 13. LESSOR covenants that TENANT, on paying the rent and performing the covenants shall peaceably and quietly have, hold enjoy the Property. and 14. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the real property and has full authority to enter into and execute this Agreement. LESSOR furth covenants that there are no other liens er Of title on the Property. judgments or impediments 15. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises o understandings shall be binding upon either the LESSOR or TENANT i, any dispute, controversy or proceeding at law, and any addition variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties. 16. This Lease Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws the State of Florida. of at 17. This Agreement may not be sold, assigned or transferred any time except to principal, affiliates or subsidiaries of its principal or to any company upon which TENANT is merged or consolidated. As to other parties, this Agreement m not be sold, assigned or transferred without the written consent of the LESSOR, such consent not to be unreasonablywithheld. Notwithstanding the above, TENANT may d' locate and/or sublease on the Property, ermit other parties to co - LESSOR, as long as this Agreement is in effect. with no obligation to 18. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return recei requested, addressed as follows t party to be notified may have designated any other address that the notice): lgnated to the sender by like LESSOR: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager TENANT: BellSouth Mobility 3,,:je LLQ 5201 Congress Avenue Boca Raton, Florida 33487 Attn: Network Real Estate Manager C. 19. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 20. At LESSOR's option, this Agreement shall be subordinate to any mortgage by LESSOR which from time to time may encumber all or part of the Property or right of way, provided, however, every such mortgage shall recognize the validity of this Agreement in the event of a foreclosure of LESSOR's interest and also TENANT's right to remain in occupancy of and have access to the Property as long as TENANT is not in default of this Agreement. TENANT shall execute in a timely manner whatever instruments as may reasonably be required to evidence this subordination clause. In the event the leased Property is encumbered by a mortgage, the LESSOR, no later than thirty (30) days after this lease is exercised, shall have obtained and furnished to TENANT a non -disturbance instrument in recordable form for each such mortgage. 21. If the whole of the Property or such portion thereof as will make the Property unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between LESSOR and TENANT as of that date. Any lesser condemnation shall in no way affect the- respective rights and obligations of LESSOR and TENANT hereunder. Nothing in this provision shall be construed to limit or affect TENANT's right to an award of compensation of any eminent domain proceeding for the taking of TENANT's leasehold interest hereunder. 22. LESSOR and TENANT agree that this Option and Lease Agreement will be forwarded for recording or filing in the appropriate office of the County of Indian River, and LESSOR and TENANT agree to take such actions as may be necessary to permit such recording or filing. TENANT, at TENANT's option and expense, may obtain title insurance on the space leased herein. LESSOR, shall cooperate with TENANT's efforts to obtain such title insurance policy by executing documents or, at TENANT's expense, obtaining requested documentation as required by the title insurance company. If title is found to be defective, LESSOR shall use diligent effort to cure the defects in title. In the event the Property is encumbered by a mortgage and the mortgage requires the consent of the Mortgagee to leases and/or improvements on the Property, Lessor shall provide TENANT with the prior written consent of the Mortgagee to this Option and Lease Agreement, as required under the terms of the mortgage. At TENANT's option, should the LESSOR fail to provide requested documentation within thirty (30) days of TENANT's request, or fail to provide the Non - Disturbance instrument(s) as noted in Paragraph 20 of this Agreement, TENANT may withhold and accrue the monthly rental until 7 such time as the requested document (s) is (are) received, or if title is found to be defective and LESSOR has failed to cure the defects within a reasonable period, TENANT may cancel this Agreement or cure the title defect at LESSOR's expense utilizing the withheld payments. 23. If TENANT defaults in fulfilling any of the covenants of this Agreement and such default shall continue for sixty (60) days after TENANT's receipt of written notice from LESSOR specifying the nature of said default, or, if the said default so specified shall be of such a nature that the same cannot be reasonably cured or remedied within such sixty (60) day period if TENANT shall not in good faith commence the curing or remedying of such default within such sixty (60) day period and shall not thereafter diligently proceed therewith to completion, then in any one or more of such events this Agreement shall terminate and come to an end as fully and completely as if such were the day herein definitely fixed for the end and expiration of this Agreement and TENANT shall then quit and surrender the Property to LESSOR as provided herein. 24. If TENANT's Communications Facility or improvements are damaged or destroyed by fire or other casualty, TENANT shall not be required to repair or replace the Communications Facility or any of TENANT's improvements made by TENANT. TENANT shall not be required to expend for repairs more than twenty-five percent (25%) of the replacement value of the Communications Facility or any improvements. Additionally, if completion of the repairs is not possible within ninety (90) days following the date of the damage or destruction, TENANT may terminate this Agreement by given written notice to LESSOR. Termination shall be effective immediately after such notice is given. Upon such termination, this Agreement shall become null and void and LESSOR and TENANT shall have no other further obligations to each other, other than TENANT's obligation to remove its property as hereinafter provided. 25. in connection with any litigation arising out of this Agreement, the prevailing party, whether LESSOR or TENANT, shall be entitled to recover all reasonable costs incurred including reasonable attorney's fees for services rendered in connection with any enforcement of breach of contract, including appellate proceedings and post judgment proceedings. 26. In accordance with Florida Law, the following statement is hereby made: RADON GAS: Radon is a natural 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. 27. LESSOR shall hold TENANT harmless from and indemnify TENANT against and from any damage, loss, expenses or liability resulting from the discovery by any person of hazardous substance generated, stored, disposed of, or transported to or over Property, as long as such substance was not stored, disposed of, or transported to or over the Property by TENANT, its agents, contractors, employees, or invitees. TENANT will be responsible for any and all damages, losses, and expenses and will indemnify LESSOR against and from any discovery by any persons or such hazardous wastes generated, stored, or disposed of as a result of TENANT's equipment and uses of the aforementioned Property. 28. This Agreement shall be executed in three (3) counterparts, each of which shall be deemed an original, and such counterparts shall constitute but one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals. 4 LESSOR ATTEST: . O Halloran, CMC/AAE City Jerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney STATE OF FLORIDA COUNTY OF THE CITY OF SEBASTIAN: Gam' Term R. Moore City Manager Thf regoing instrument was acknowledged before me this /S day of , 2000, by Terrance R. Moore and Kathryn M. 0' loran, as City Manager and City Clerk, respectively, of the Ci y of Sebastian, a Florida municipal corporation, whn are ersonally known to me o as idenicat of n and who did (did ake;tan oath. NOTARY PUBLIC (Sea Print Name: My Commission Expires a�'^'r�';•: ANN V. ROUSSEAU MY COM4 11 SSION # CC 725840 Bono XP(AES, March 16, 2002 Qd 1t►rtr Notary Pusac Underwriters 10 TENANT Signed, sealed and delivered in the presence of: 4 Witness: - Print Name D. Witness: ` Print Name: STATE OF 60461A - COUNTY OF PuurarJ BELLSOUTH MOBILITY -1-N£ LLQ (,angular L42, /7S Y� -17�te PrintName : t gz Ox Title: Qrgs, JQ-tr, ="'-k The foreoing instrument �VVZMIZW was acknowledged before me this 74" day of 2000, by aM� S , c �'rzs% _ r1T . `P BELLSOUTH MOBILITY-A..�. is who ers� known p y o n to me or who has produced as identification and who did (did not) take an oath. l �y- x,114r,4' ys sa« ���8 ,J L1. NOTARY PUBLIC (Seal) Print Name: /1%EI.OA16 07- b'00'r'C M Commission Expires: D21�1XV� 141nliverr 00u.j7y 11 r EXHIBIT "A I I 12 EXHIBIT "B " To be. o-$uche�. 13 Addendum to Option and Lease Agreement DatedQje /�5-- , 2000 by an between CITY OF SEBASTIAN, as LESSOR, and BELLSOUTH MOBILITY lNe., as TENANT LL C7— 1. Insert as the next to last paragraph in the Option Language the following: Further, during the Option Period TENANT shall be allowed to maintain the existing temporary facility located on the 1201 Main Street site. The monthly rent for the temporary facility during the first six months of the Option Period shall be One Thousand Dollars ($1,000.00), which shall increase for the seventh and any subsequent month to the monthly amount of One Thousand Five Hundred Dollars ($1,500.00). In the event the Option terminates without exercise of the same, the temporary facilities shall be removed by TENANT and the site restored within ninety (90) days. Rent shall continue to be due until such removal and restoration is completed. 2. In paragraph 3 of the lease, insert before "plus applicable taxes..." the following "to be adjusted annually as set forth below," 3. Paragraph 5 shall be replaced with the following: On the anniversary date of the exercise of the Option, the annual rental shall be adjusted upwards four percent over the amount for the prior year. 4. Delete the last sentence in paragraph 6 and add the following sentence: The rental amount for each such one year extension shall continue to be subject to the rent adjustment set forth in paragraph 5, above. 5. In the first sentence in paragraph 7 after ...structure of efficient height add: Up to 175 feet 6. In the second sentence of paragraph 7 after "TENANT may at its discretion modify it's antenna structure or building..." add: However, the antenna shall at all times be covered with an antenna canister or other concealing device agreeable to LESSOR. 7. In paragraph 11 delete the first 2 sentences and replace it with the following: Tenant upon termination of this Agreement shall, subject to Lessor's Retention Option (defined below), within a reasonable period, remove its personal property and fixtures and restore the Property to its original above grade condition, reasonable wear and tear excepted. At Lessor's option when this is Agreement is terminated and upon Lessor's advance written notice to Tenant (the "Lessor's Retention Option"), Tenant will leave i) the telecommunications tower structure, the foundation and security fence or (ii) the foundation and security fence; provided, however, that if the termination occurs during the first ten (10) years of the lease term, Lessor shall pay to Tenant within ten (10) days after demand, the then fair market value of the tower as reasonable estimated by Tenant. If Lessor shall fail to timely make such payment, then Tenant shall have the right to remove the telecommunications tower structure. Any conveyance of the telecommunications tower structure to the Lessor shall be in "as is, where is, with all faults" condition and shall be by quitclaim bill of sale. S. In paragraph 12 last sentence delete "sole" and add "TENANTS reasonable judgment." 9. At the end of paragraph 16 add: And venue for any action related hereto shall lie exclusively in Indian River County, Florida 10. The last sentence in paragraph 17 should be changed to read as follows: Notwithstanding the above, TENANT may permit other parties to co -locate and/or sublease antenna space on the Property with no obligation to LESSOR, provided no use of ground structures is required, as long as this agreement is in effect. 11. In paragraph 24 remove the last line of the paragraph after the comma and add the following: Other than TENANT's obligation to remove its property and pay rent during the pendency of said removal as provided in paragraph 11, above. This Addendum is attached to the Agreement, dated as os even date therewith and made a part thereof. The parties have signified agreement to this Addendum by initialing it as follows: Initials as to LESSOR: Initials as to TENANT: FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT THIS FIRST AMENDMENT TO.QPTION AND LEASE AGREEMENT ("Amendment") is made this —� day of 2000, by BELLSOUTH MOBILITY w; a Georgia-sap�a�r (`BellSouth") and the CITY OF SEBASTIAN ("Landlord"'). Lcc z WITNESSETH: THAT WHEREAS, Landlord and BellSouth are parties to that certain Option and Lease Agreement dated as of June 15, 2000 (the "Lease"), the terms of which are incorporated herein by reference, whereby BellSouth leased certain real property located in Indian River County, State of Florida, as such property is more particularly described in the Lease (the "Leased Premises"); and WHEREAS, the parties wish to modify certain terms and conditions of the Lease as provided herein. NOW THEREFORE, for the mutual covenants and premises herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the undersigned parties, intending to be bound, hereby agree as follows: 1. Addendum. Paragraph 10 of the Addendum is }=eby deleted. Paragraph 17 of the Lease is herebyratified and affirmed. Landlord hd' s b n advised that BellSouth has sublet a portion of the Leased Premises to Crown Castlernational, Inc. or an affiliate thereof ("Crown"). As used hereinafter "Crown" shall also mean any successor to Crown Castle International, Inc., or any additional, subsequent sublessee of BellSouth. 2. One -Time Fee. As consideration for Landlord's willingness to delete Paragraph 10 of the Addendum, as provided herein, BellSouth agrees to make a one-time payment to Landlord of Twenty Five Thousand and No/100 Dollars ($25,000.00) (the "Fee"). Such Fee shall be payable to Landlord within thirty (30) days after which BellSouth commences material physical alteration of the Leased Premises for the purpose of constructing the wireless communications facility. If BellSouth terminates this Lease prior to such commencement of construction then the Fee shall not be payable. 3. Revenue Sharing. As further consideration for Landlord's willingness to delete Paragraph 10 of the Addendum relating to the use of ground structures with respect to the co -locating and/or subleasing of antenna space on the Leased Premises, BellSouth agrees to pay Landlord twenty-five percent (25%) of all base rent actually received by Crown, from any subtenants, licensees or sublicensees of Crown locating telecommunications equipment on the tower at the Leased Premises. Any additional amounts payable to Landlord will be determined by Crown within thirty (30) days after any new tenant shall have been installed on the tower, and Crown will promptly notify BellSouth and Landlord in writing of the amount of additional rent due VERO 6 Ml 1:19168710211 YQV02!.UOCl39632.0005 under the Lease for such tenant. In the event Landlord disputes the amount of additional rent due as calculated by Crown, Landlord must notify BellSouth and Crown in writing that it is disputing the amount due within thirty (30) days after it receives Crown's notice or such claim shall be waived. BellSouth will begin paying the amount of additional rent payable to Landlord for any new sublease within thirty (30) days after it receives notice from Crown of the amount of additional rent due (retroactive to the date upon which the tenant began paying rent under its sublease with Crown). Notwithstanding the foregoing, Landlord agrees that it will not be entitled to share in or receive any portion of (a) any sublease payment or other consideration paid by Crown to BellSouth in connection with any subleasing or sublicensing of the Leased Premises, so long as Crown is not locating telecommunications equipment on the tower at the Leased Premises, or (b) any payment or other consideration paid by BellSouth to Crown with respect to the Leased Premises. The foregoing shall supersede and replace any existing right of Landlord (if any) to receive additional rent or other consideration under the Lease (in the nature of revenue sharing or otherwise) as a result of any subleasing, sublicensing or other co - location of tenants on the Leased Premises by BellSouth or Crown. 4. No Other Amendments. Except as expressly modified by this Amendment, the Lease remains unchanged and in full force and effect. IN WITNESS WHEREOF, the undersigned have executed this Amendment the day and year first above written. Signed, sealed and delivered in the presence of: 1 a�n- 442--� Print Name: a.Lkj4c&, ��•�/- �� ��� Print Name: MftDV14 A6�e— Primar1111.1=11E. ycrex ;Tint N Sally A. Maio City Clerk M11:\91687\02\1 YQV02!.DOC\39632.0005 BELLSOUTH: C)L�BELLSOUTH MOBILITY 4NC7Lld- 8� :.C�..� u,tar u�urt� �'�-ks Sol �m�mlz�,'• B Oice�rl'sNl a m eS.A� Title: ,'Izec o 2 Y EBAST,I' N is Nam R _ MmrP Title: City Manncrer LESSOR ATTEST: ff) r/ Kath M. O'Halloran, CMC/AAE City Clerk I THE CITY OF SEBASTIAN: Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, C ty.Attorney STATE OF*FLORIDA COUNTY OF. Theags oiginstrument was acknowledged before me this �� day of2 0 0 0 , *by Terrance ' R . Moore and Kathryn M. O'Haoran, as. City Manager and City Clerk, respectively, of the City of Sebastian, a Florida municipal corporation, WhQare personally known to me or •as i entification and who'did ( td_ not) ake an oath. NOTARY PUBLIC Seal) p Print Name: My Commission Expires ,• ,. ANN Y. ROUSSEAU =*: IS EAU MY COMMISSION # CC 725840 • EXPIRES eondad Taro Not M�nCh 18, 2002 IS. ry Public UddstWriters 10 June 29, 2007 Mr. Alfred Minner, City Manager Mr. Rich Stringer, City Attorney c/o City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Business Unit #: 801858 Site Name: FL VERO 6 BSI Dear Mr. Minner and Mr. Stringer: This binding letter agreement ("Letter Agreement") sets forth the agreement that is to be memorialized between and New Cingular- Wireless PCS, LLC, a Delaware limited liability company, successor by merger. to BellSouth Mobility LLC,. a Georgia limited liability company, successor by corporate election to BellSouth Mobility Inc., a Georgia corporation ("Lessee") and the City . of Sebastian ("Lessor"), to modify,: among other things, the length of the term in the lease agreement between the Lessor and Lessee dated the 15'' of June 2000, as may be amended (the "Lease'} for property located in Indian River County, Florida. For and in consideration of One Hundred Dollars ($100.00) paid by Lessee to Lessor, the parties agree as follows: 1. Lessor and Lessee will enter into an amendment to the Lease ("Lease Amendment") wherein the term of to the- Lease will be modified.. The Lease currently provides, in section four (4) that there four (4) five (5) year extension terms. That Lease' section will be amended to provide so that the remaining term of the agreement will be ten (10) five (5) year terms extension left. This represents six additional five-year periods. 2. In addition to the modification described above, the Lease Amendment will further modify the Lease to provide; A one-time twenty-seven thousand two hundred fifty dollar ($27,250) signing bonus will be paid. This includes incentive money for the lease extension in addition to monies towards the City of Sebastian's landscaping efforts to beautify and screen the area around the cellular tower compound which will be maintained by the city of Sebastian A three hundred seventy-five dollar ($375) per/mo increase in rent paid at commencement of construction to lease a 10X13 (130 sq/ft) area of land -adjacent to the existing lease area for the installation of an emergency backup generator • ROFR language allowing Crown rights. of first refusal, limited to Crown's competitors If, during the Option Period or Lease Term, Lessor receives an offer from any entity (along with any of its affiliates) that owns and operates towers or other facilities for wireless telecommunications or any entity that is in. the business of acquiring Lessor's interest in ground lease and said entity desires to acquire any of the following interests in all or a portion of the Leased Premises: (i) fee title, (ii) a perpetual or other easement, (iii) a lease, (iv) any or all portions of Lessor's interest in this Agreement including but not limited to the Rent or revenue. derived here from, whether separately or as part of the sale, transfer, grant, assignment, lease or encumbrance of Lessor's Property or other interest in the Lease, or (v) an option to acquire any of the foregoing, Lessor shall provide written notice to Lessee of said offer ("Lessor's Notice'. Lessor's Notice shall include the prospective buyer's name, the purchase price being offered, the other terms and conditions of the offer, a due diligence period, the proposed closing date and, if a portion of Lessor's Property is to be sold, a description of said portion. Lessee shall have a right of first refusal to purchase, at its election and on the terms and conditions as in Lessor's Notice, (i) a fee simple interest in Lessor's Property (or such lesser portion thereof as is described in Lessor's Notice), (ii) a fee simple interest in the Leased Premises or (iii) a perpetual easement for the Leased Premises in accordance with Section 6 hereof, ' all on the same terms and conditions as in said offer by Lessor as modified by this paragraph. If the Lessor's Notice is for more than the Leased Premises and Lessee elects to purchase in fee or acquire a perpetual easement in only the Leased Premises, the terms and condition of said acquisition, including but not limited to the purchase price, shall be the same terms and conditions as in Lessor's Notice but the purchase price shall be pro -rated on an acreage basis. If the Lessor's Notice shall provide for a due diligence period of less than sixty (60) days, then the due diligence period shall be extended to be sixty (60) days from exercise of the right of first refusal and closing shall occur no earlier than fifteen days thereafter. If Lessee does not exercise its right of first refusal by written notice to Lessor given within thirty (30) days after Lessor's Notice, Lessor may sell the property described in the Lessor's Notice to such third person in accordance with the terms and conditions of the offer. If Lessee fails or declines to exercise its right of first refusal, then this Lease shall continue in full force and effect and Lessee's right of first refusal shall survive any such sale and conveyance and shall remain effective with respect to any subsequent offers to purchase the. Leased Premises or Lessor's Property. 3. Upon .receipt of this Letter. Agreement evidencing Lessor's acceptance of the terms herein, Lessee shall submit this Letter Agreement to its Capital. Committee. Within sixty (60) business days of approval by the Capital Committee, Lessee shall prepare the Lease Amendment and Lessor shall execute the same without any unreasonable delay. 4. Irrespective of whether the transaction contemplated by this Letter Agreement is consummated, Lessor and Lessee each will pay their own out-of-pocket expenses. 5. Notwithstanding anything to the contrary contained herein, Lessee has the complete right to terminate this Letter Agreement and not proceed to closing for any or no reason at any time prior to closing. 6. Lessor represents and warrants as of the date of. this Letter Agreement that Lessor is duly authorized and has the fall power, aright and authority to enter into this Letter Agreement and to perform all of its obligations under this Letter Agreement and to. execute and deliver all documents, .including but not limited to the Lease Amendment, required by this Letter Agreement. If this Letter Agreement accurately sets forth our understanding regarding the foregoing, please so indicate by signing and returning to the undersigned the enclosed copy of this .letter. LESSOR: . City of Sebastian LESSEE: - Nero Cingular Wireless PCS, LLC, a, Delaware limited liability company, successor by merger to BellSouth Mobility LLC, a Georgia limited liability company, successor by corporate election to BellSouth Mobility Inc., a Georgia corporation Name: Titiez--c-itV Manager Title: ATT S : Sa A. M o, MMC - City Clerk Approve as to form and legality for reliance by the City of Sebastian only: r i Rich StringerkXity Attorney y�muc { owl M�mp -01 t'—Co' 1 1 so,—& 48'—& • • F .. �lVC 1lo1�►RO IIu�tG PauizT% Pot + PIM . _......._ _ _ ._..17C•� �YP�" EgLiPtiE1jT PAD I i b' r PA `ICE BRICCE _ E Lx I PJ4D '''L!Pi 'iIHE TO 4t76 HB OF ( �jlDE I i oN k BE R ARFA SHEUM I!_ W.C. 7 map= Wrmi® 1 LlC(Ns) � h�j N Erika C. Smith //llNlll L L Transaction Specialist Crown Castle International Corp. Direct 713 570.3089 1220 Augusta Drive Fax 724 416.4784 Suite 500 Houston, TX 77057 erika.smith@crowncastle.com www.crowncastle.com