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Resolution No. 22-14RESOLUTION NO. 22-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA APPROVING THE LAND LEASE, ACCESS AND TEMPORARY USE AGREEMENT AND THE MEMORANDUM OF LAND LEASE, ACCESS AND TEMPORARY USE AGREEMENT WITH CELLCO PARTNERSHIP, A DELAWARE GENERAL PARTNERSHIP D/B/A VERIZON WIRELESS FOR THE LEASE OF A PORTION OF CITY PROPERTY AT 469 11TH STREET FOR A MONOPOLE TOWER AND RELATED COMMUNICATIONS EQUIPMENT, TOGETHER WITH THE RIGHT TO TEMPORARILY USE A PORTION OF THE CITY PROPERTY FOR A "CELL ON WHEELS" FOR UP TO A TOTAL OF TWENTY FIVE YEARS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS. WHEREAS, Verizon has leased space on the City's water tower located at the Public Works yard on 11th Street for its antennae and related communications equipment since 1995; and WHEREAS, the City advised Verizon that it would be removing the water tower and Verizon would no longer be able to lease space on the water tower; and WHEREAS, Verizon advised the City that a gap in service would exist without the communications equipment and requested the City to enter into a new ground lease for a monopole tower and related communications equipment, together with a right to construct a temporary "cell on wheels' for communications purposes until the permanent monopole tower is operative; and WHEREAS, the communications facilities to be provided by Verizon are considered critical to the functional operation of mobile devices within Atlantic Beach; and WHEREAS, the maximum height of the monopole tower shall be limited to 120 feet above existing grade, plus a ten foot tall lightning rod, which is the same height as the water tower where the communication facilities currently exist. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach, Florida, as follows: SECTION 1. The City Commission hereby approves the Land Lease, Access and Temporary Use Agreement ("Verizon Agreement") and the Memorandum of Land Lease, Access and Temporary Use Agreement ("Memorandum") as set forth in Exhibits A and B, attached hereto and made a part hereof. SECTION 2. The Mayor is hereby authorized to execute the attached Verizon Agreement and the Memorandum, and such other documents as may be necessary to effectuate the purpose of this Resolution. SECTION 3. This Resolution shall take effect immediately upon its passage and adoption. Resolution No. 22-14 Page 1 of 2 PASSED AND ADOPTED by the City of Atlantic Beach, th' Y� day of Fe-bO I 022. J� Ellen G asser, Mayor Attest: ` a� v 0164� Donna L. Bartle, City Clerk Approved as to form and correctness: B enna ,City Attorney Resolution No. 22-14 Page 2 of 2 EXHIBIT A LESSEE Site ID: Selva Marina / 610397 LAND LEASE ACCESS AND TEMPORARY USE AGREEMENT This Land Lease Access and Temporary Use Agreement (the "Agreement") is made this day of , 2022 (the "Effective Date"), by and between City of Atlantic Beach, Florida, a Florida municipal corporation with an address of 800 Seminole Road, Atlantic Beach, Florida 32233, hereinafter designated LESSOR, and Cellco Partnership, a Delaware general partnership d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES AND COMMUNICATIONS EQUIPMENT. In accordance with this Agreement, LESSOR hereby leases to LESSEE, and LESSEE hereby leases from LESSOR, the Premises (as hereinafter defined), which are a part of that certain real property owned, leased or controlled by LESSOR and located at 469 11`h Street, Atlantic Beach, Florida 32233 (the "Property") for the purposes of installing, maintaining, and operating communications equipment including, but not limited to, a monopole tower no greater in height from existing grade than one hundred and twenty feet (120'), and a ten (10) foot lightning rod related communications equipment, antennae, conduits, fencing and other screening (hereinafter collectively, the "Communications Equipment") and the Support Services (as defined hereafter). The Property is legally described on Exhibit "A" attached hereto and made a part hereof. The "Premises" is a portion of the Property containing approximately 3,600 square feet, and it is legally described and shown in detail on Exhibit "B" attached hereto and made a part hereof. 2. INITIAL TERM. This Agreement shall be effective as of the Effective Date. The initial term of the Agreement shall be for five (5) years beginning on the first day of the month immediately following the date upon which LESSEE begins operating Communications Equipment from the replacement monopole tower to be constructed by LESSEE at the Premises (the "Commencement Date") provided, however, that, unless the Parties mutually agree otherwise in writing, the Commencement Date shall be no later than one (1) year from the date LESSOR completes demolition of the LESSOR's existing water tower located as of the Effective Date on the Premises. The Parties agree to acknowledge the Commencement Date and date of demolition completion in writing. 3. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term or LESSOR terminates it at the end of the second, third or fourth renewal terms pursuant to paragraph 9(b) hereof. The initial term and all extensions shall be collectively referred to herein as the "Term". 4. RENTAL. (a) Rental payments shall begin on the Commencement Date and be due at a total initial annual rental rate of Thirty One Thousand Five Hundred and XX/100 Dollars ($31,500.00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR at 800 Seminole Road, Atlantic Beach, Florida 32233 or to such other person, firm, or place as LESSOR may, from time to time, designate in writing at least 30 days in advance of any rental payment date by notice given in accordance with Paragraph 19 below. Notwithstanding the foregoing, LESSOR and LESSEE acknowledge and agree that the initial rental payment(s) may not 01595639.2 LESSEE Site ID: Selva Marina / 610397 be delivered by LESSEE for up to ninety (90) days after the Commencement Date. The annual rental rate for each and every year following the initial year shall be the annual rent in effect for the previous year of this Agreement increased by two percent (2%). Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. (b) For any party to whom rental payments are to be made, LESSOR or any successor in interest of LESSOR hereby agrees to provide to LESSEE the following: (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local withholding forms if required; and (iii) other documentation to verify LESSOR's or such other party's right to receive rental as is reasonably requested by LESSEE. Rental shall accrue in accordance with this Agreement, but LESSEE may not deliver rental payments for up to ninety (90) days after the requested documentation has been received by LESSEE. 5. ACCESS EASEMENT. LESSEE shall have the non-exclusive right of ingress and egress from 11th Street, 7 days a week, 24 hours a day, to and from the Premises for the purposes of installation, operation and maintenance of LESSEE's Communications Equipment over or along the twenty (20) foot wide area (the "Access Easement"), which is legally described and depicted on Exhibit "B" attached hereto and made a part hereof. LESSEE may also use the Access Easement for the installation, operation and maintenance of wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services to operate the Communications Equipment (collectively, the "Support Services"), subject, however, to the existence of other improvements and easements existing within the Access Easement. If Support Services necessary to serve the Communications Equipment cannot be located within the Premises or the Access Easement, LESSOR agrees to cooperate with LESSEE and to use best efforts to identify an alternate location for the Support Services on the Property without requiring additional consideration from LESSEE subject to prior written approval by the LESSOR'S City Manager. LESSOR hereby acknowledges that the Support Services are required for the operation of LESSEE's Communications Equipment. 6. CONDITION OF PROPERTY. LESSEE represents that it has inspected and examined the Property, Premises and the Access Easement as of July 8, 2021 and hereby accepts the Property, Premises and the Access Easement in their respective "as is" condition as such condition existed on such date. LESSEE has not relied on any statements or information provided by LESSOR in making this determination. 7. IMPROVEMENTS. The Communications Equipment and Support Services shall be constructed and maintained at LESSEE's sole expense, and installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its Communications Equipment, and Support Services, or any portion thereof and, subject to the provisions of Paragraph 12 below, the frequencies over which the Communications Equipment operates, whether or not any of the Communications Equipment, Support Services, or frequencies are listed on any exhibit to this Agreement. 8. GOVERNMENT APPROVALS. LESSEE's use of the Premises is contingent upon LESSEE obtaining all of the certificates, permits and other approvals (collectively, the "Government Approvals") that may be required by any Federal, State or Local authorities (collectively, the "Government Entities"). 9. TERMINATION. (a) LESSEE may, unless otherwise stated, terminate this Agreement upon thirty (30) days written notice to LESSOR: (i) if any applications for such Government Approvals should be finally 01595639.2 2 LESSEE Site ID: Selva Marina / 610397 rejected; (ii) if any Government Approval issued to LESSEE is canceled, expires, lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) if LESSEE determines that such Government Approvals may not be obtained in a timely manner; (iv) if LESSEE determines any structural analysis is unsatisfactory; (v) if LESSEE, in its sole discretion, determines its use of the Premises is obsolete or unnecessary; (vi) with six (6) months prior written notice to LESSOR, upon the anniversary of the Commencement Date; or (vii) at any time before the Commencement Date for any reason or no reason in LESSEE's sole discretion; provided, however, that in any such event of termination described in this sub -paragraph (a), the provisions of this Agreement shall remain in effect and LESSEE shall continue to pay rent to LESSOR through the last day of the month in which any Communications Equipment remains at or on the Premises. (b) LESSOR shall have the right to terminate this Agreement at the expiration of the second, third or fourth renewal terms, as may be applicable, by giving LESSEE written notice of the intent to terminate at least six (6) months prior to the end of the then -current term. 10. INSURANCE; INDEMNIFICATION. (a) During the Term of this Agreement, the Parties agree that at their own cost and expense, each will maintain commercial general liability insurance with limits of $2,000,000 for bodily injury (including death) and property damage per occurrence and $2,000,000 general aggregate. LESSEE shall include LESSOR as an additional insured as its interest may appear under this Agreement on such insurance policy. The Parties shall provide a certificate of said insurance to the other Party. Upon receipt of notice from their insurer(s), each Party shall provide the other Party with thirty (30) days' prior written notice of cancellation of any required coverage. (b) LESSEE shall indemnify and hold LESSOR harmless against any claim made by any third party of liability or loss from personal injury or property damage to the extent resulting from or arising out of the negligence or willful misconduct of LESSEE, its employees, contractors, assigns, sublessees, and agents, except to the extent such claims or damages are due to or caused by the negligence or willful misconduct of LESSOR, its officers, employees or agents. (c) LESSOR shall indemnify and hold LESSEE harmless, to the extent allowed under Section 768.28 of the Florida Statutes, against any claim made by any third party of liability or loss from personal injury or property damage to the extent resulting from or arising out of the negligence or willful misconduct of LESSOR, its officers, employees, and agents, except to the extent such claims or damages are due to or caused by the negligence or willful misconduct of LESSEE, its employees, contractors, assigns, sublessees or agents. Nothing herein shall constitute a waiver of LESSOR's sovereign immunity under Section 768.28 of the Florida Statutes, as may be amended from time to time, or extend LESSOR's liability beyond the limits established in Section 768.28 of the Florida Statutes, as may be amended from time to time. Nothing contained herein shall be construed to be consent by LESSOR to be sued by third parties in any matter arising out of this Agreement. 11. LIMITATION OF LIABILITY. Except for indemnification under this Agreement or a violation of law, neither Party shall be liable to the other, or any of their respective agents, representatives, or employees for any lost revenue, lost profits, diminution in value of business, loss of technology, rights or services, loss of data, or interruption or loss of use of service, incidental, punitive, indirect, special, trebled, enhanced or consequential damages, even if advised of the possibility of such damages, whether such 01595639.2 3 LESSEE Site ID: Selva Marina / 610397 damages are claimed for breach of contract, tort (including negligence), strict liability or otherwise, unless applicable law forbids a waiver of such damages. 12. INTERFERENCE. (a) LESSEE agrees that LESSEE, including without limitation, any assignee or sublessee, will not cause interference that is measurable in accordance with industry standards to LESSOR's equipment. LESSOR agrees that LESSOR and other occupants of the Property will not cause interference that is measurable in accordance with industry standards to LESSEE's then existing Communications Equipment, provided that LESSEE, prior to installation of any Communications Equipment, including without limitation, any assignee's or sublessee's Communications Equipment, has submitted to the LESSOR, written notice that LESSOR's then existing equipment will not interfere with the proposed Communications Equipment to be installed, and is operating within its lawfully permitted frequencies. Notwithstanding the foregoing, LESSEE acknowledges and consents to LESSOR's use of the Property during the Term for water treatment and distribution and other typical public works purposes. (b) Subject to the provisions of subparagraph (a) above, but without limiting any other rights or remedies, if interference occurs and continues for a period in excess of 48 hours following notice to the interfering party via telephone to LESSEE'S Network Operations Center (at 800-621-2622) or to LESSOR's City Manager (at 904-247-5800), the interfering party shall or shall require any other user to reduce power or cease operations of the interfering equipment until the interference is cured. The Parties agree to cooperate in resolving the interference in a mutually satisfactory manner. (c) The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance. 13. REMOVAL AT END OF TERM. Upon expiration or within 90 days of any earlier termination of this Agreement, LESSEE shall remove all Communications Equipment (except footings) and Support Services and restore the Premises and Access Easement to its original condition, reasonable wear and tear and casualty damage excepted. In addition, LESSOR agrees and acknowledges that Communications Equipment and Support Services constitute personal property of LESSEE, and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. If such time for removal extends after the date of expiration or earlier termination of the Agreement, LESSEE shall pay rent in accordance with Paragraph 14. 14. HOLDOVER. If LESSEE holds over after the date of expiration or earlier termination of this Agreement, then this Agreement shall continue on a month to month basis at the then existing monthly rental rate, or the existing monthly pro -rata basis if based upon a longer payment term, until the removal of all Communications Equipment and Support Services is completed; provided, however, should any Communications Equipment (except footings) and Support Services remain on or at the Premises or Access Easement more than six (6) months after the date of expiration or earlier termination, then in such event, the rental rate shall be two (2) times the then existing rental rate. LESSEE agrees that it shall remove all Communications Equipment and Support Services from the Premises and Access Easement no later than one (1) year from the date of expiration or earlier termination. 01599639-2 4 LESSEE Site ID: Selva Marina / 610397 15. RIGHT OF FIRST REFUSAL. If at any time after the Effective Date, LESSOR receives a written offer or letter of intent from any person or entity that is in the business of owning, managing or operating communications facilities or is in the business of acquiring landlord interests in agreements relating to communications facilities, to purchase fee title, an easement, a lease, a license, or any other interest in the Premises or any portion thereof or to acquire any interest in this Agreement, or an option for 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, any other consideration being offered, the other terms and conditions of the offer, a description of the portion of and interest in the Premises and/or this Agreement which will be conveyed in the proposed transaction, and a copy of any letters of intent or form agreements presented to LESSOR by the third party offeror. LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the terms and conditions of such offer. If LESSEE fails to provide written notice to LESSOR that LESSEE intends to meet such bona fide offer within forty-five (45) days after receipt of LESSOR's Notice, LESSOR may proceed with the proposed transaction in accordance with the terms and conditions of such third party offer, in which event this Agreement shall continue in full force and effect and the right of first refusal described in this Paragraph shall survive any such conveyance to a third party. If LESSEE provides LESSOR with notice that LESSEE shall meet the third party offer within forty-five (45) days after receipt of LESSOR's Notice, then the Parties shall proceed with closing of the transaction on substantially equivalent terms and conditions of the third party offer. 16. RIGHTS UPON SALE. Should LESSOR, at any time during the Term, decide (a) to sell or otherwise transfer all or any part of the Property or (b) to grant to a third party by easement or other legal instrument an interest in and to any portion of the Premises, such sale, transfer, or grant of an easement or interest therein shall be under and subject to this Agreement, and any such purchaser or transferee shall recognize LESSEE's rights hereunder. In the event that LESSOR completes any such sale, transfer, or grant described in this Paragraph without executing an assignment of the Agreement whereby the third party agrees in writing to assume all obligations of LESSOR under this Agreement, then LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of the Agreement. 17. LESSOR'S TITLE. Subject to the provisions of this Agreement, LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. LESSOR represents and warrants to LESSEE as of the Effective Date and covenants during the Term that LESSOR has full authority to enter into and execute this Agreement and that there are no liens, judgments, covenants, easement, restrictions or other impediments of title that will adversely affect LESSEE's use of the Premises. 18. ASSIGNMENT. Without any approval or consent of the other Party, this Agreement may be sold, assigned or transferred by either Party to: (a) any entity in which the Party directly or indirectly holds a 50% or more equity or similar interest; or (b) any entity directly or indirectly under common control with the Party. In addition, LESSEE may assign this Agreement, without approval or consent of LESSOR, to any entity which acquires all or substantially all of LESSEE's assets in the market as defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization. As to any other entities, this Agreement may not be sold, assigned or transferred without the written consent of the other Party, which such consent will not be unreasonably withheld, delayed or conditioned. Except as provided herein, no change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of either Party shall constitute an assignment hereunder. LESSEE may sublet the Premises in LESSEE's sole discretion for the limited purposes of installing, maintaining, and operating Communications Equipment and Support Services, provided, however, under no circumstances shall LESSEE be relieved of any LESSEE obligations under this Agreement. In any such assignment or 01595639-2 LESSEE Site ID: Selva Marina / 610397 sublease, the assignee or sublessee shall be required to expressly agree to comply with and be bound to all provisions of this Agreement. In the event that either Party completes any assignment described in this Paragraph, so long as such assignee agrees in writing to undertake all of the assigning Party's obligations under this Agreement, the assigning Party shall be released from its obligations to the other Party under this Agreement and the non- assigning Party shall look to such assignee for the full performance of this Agreement. 19. NOTICES. Except for notices permitted via telephone in accordance with Paragraph 12, all notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Atlantic Beach, Florida Shane Corbin, City Manager 800 Seminole Road Atlantic Beach, FL 32233 With a copy to: Steve Swann, City Engineer 800 Seminole Road Atlantic Beach, FL 32233 and Brenna M. Durden, City Attorney Lewis, Longman & Walker, P.A. 245 Riverside Avenue, Suite 510 Jacksonville, FL 32202 LESSEE: Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 20. DEFAULT. It is a "Default" if: (a) except as set forth below in subparagraph (b), either Party fails to comply with this Agreement and does not remedy the failure within 30 days after receipt of written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the failing Party does not commence a remedy within the allotted 30 days and diligently pursue the cure to completion within 90 days after the initial written notice; or (b) interference prohibited by Paragraph 12 hereof occurs, and either Party fails to comply with the provisions therein; or (c) if any petition is filed by or against LESSEE, under any section or chapter of the present or any future federal Bankruptcy Code or under any similar law or statute of the United States or any state thereof (and with respect to any petition filed against LESSEE, such petition is not dismissed within sixty (60) days after the filing thereof), or LESSEE 01595639.2 LESSEE Site ID: Selva Marina / 610397 is adjudged bankrupt or insolvent in proceedings filed under any section or chapter of the present or any future Bankruptcy Code or under any similar law or statute of the United States or any state thereof. 21. REMEDIES. In the event of a Default, without limiting the non -defaulting Party in the exercise of any right or remedy at law or equity which the non -defaulting Party may have by reason of such default, the non -defaulting Party may terminate this Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party under the laws orjudicial decisions of the State of Florida. 22. COMPLIANCE AND INDEMNIFICATION. LESSEE shall maintain the Premises and conduct its business, including without limitation, the use of the Premises and Access Easement, in compliance with all applicable laws and regulations, including without limitation, those governing the protection of the environment or employee health and safety. Without limiting the provisions of paragraph 10(b) hereof, LESSEE shall indemnify, defend, subject to LESSOR's consent of counsel, which consent shall not be unreasonably withheld, conditioned, or delayed, and hold harmless the LESSOR from all environmental claims, damages, losses, liabilities, and expenses arising out of or relating to LESSEE's use of the Premises, Access Easement or this Agreement. Notwithstanding the foregoing, the Parties recognize that LESSEE is only leasing a small portion of the Property and that LESSEE shall not be liable or responsible for any environmental condition or issue that existed before the commencement of LESSEE's activities on the Premises or Access Easement, except to the extent LESSEE exacerbates a condition of which it knows or should have known. 23. CASUALTY. If a fire or other casualty not caused by LESSEE substantially impairs LESSEE's use of the Premises (in LESSEE's sole reasonable discretion), and LESSEE, in its sole discretion, chooses to repair such damage, then rent shall abate until LESSEE's use is restored. If LESSEE's use of the Premises is not restored within 90 days from the date of such casualty damage, or if LESSEE chooses not to repair such casualty damage, then either Party may terminate this Agreement upon written notice to the other Party. In the event of termination pursuant to this Paragraph 23, the provisions of this Agreement shall remain in effect until such time that LESSEE removes all Communications Equipment and Support Services from the Premises and Access Easement in accordance with Paragraph 13 hereof. Notwithstanding the provisions of Paragraph 14 hereof, if this Agreement is terminated pursuant to this Paragraph 23, should LESSEE's time for removal extend beyond ninety (90) days from the date of termination, LESSEE shall owe rent to LESSOR at the rental rate of two (2) times the pro -rata monthly rate in effect immediately preceding the date of such casualty damage through the last day of the month in which any Communications Equipment or Support Services remain. In the event of any holdover pursuant to this Paragraph 23, LESSEE agrees that it shall remove all Communications Equipment (except footings) and Support Services from the Premises and Access Easement no later than one (1) year from the date of termination. 24. CONDEMNATION. If a condemnation of any portion of the Property or Premises impairs LESSEE's use of the Premises, LESSEE may terminate this Agreement as of the date the condemning authority takes possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to LESSEE's Communications Equipment, Support Services, relocation costs and, specifically excluding loss of LESSEE's leasehold interest, any other damages LESSEE may incur as a result of any such condemnation. 25. APPLICABLE LAWS. During the Term, LESSEE, at its sole expense, shall maintain and utilize the Premises and Access Easement forthe purposes contemplated herein in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, consent decrees, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into 01595639-2 7 LESSEE Site ID: Selva Marina / 610397 effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively, "Laws"). It shall be LESSOR's obligation to comply with all applicable Laws relating to the Property, other than the Premises. 26. TAXES. (a) LESSOR shall invoice and LESSEE shall pay any applicable transaction tax (including sales, use, gross receipts, or excise tax) imposed on the LESSEE and required to be collected by the LESSOR based on any service, rental space, or equipment provided by the LESSOR to the LESSEE. LESSEE shall pay all personal property taxes, fees, assessments, or other taxes and charges imposed by any Government Entity that are imposed on the LESSEE and required to be paid by the LESSEE that are directly attributable to the LESSEE's equipment or LESSEE's use and occupancy of the Premises. Payment shall be made by LESSEE within 60 days after presentation of a bill and/or assessment notice which is the basis for such taxes or charges. LESSOR shall pay all ad valorem, personal property, real estate, sales and use taxes, fees, assessments or other taxes or charges that are attributable to LESSOR's Property or any portion thereof imposed by any Government Entity. (b) LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 27. TERMINATED AGREEMENT. LESSOR and LESSEE agree that this Agreement replaces that certain PCS Site Lease dated November 9, 1995 and referenced by LESSEE as Contract #33054 (as may have been amended or otherwise modified as of the date hereof, the "Terminated Agreement"). LESSOR and LESSEE acknowledge that rental or other payments required pursuant to the Terminated Agreement shall terminate on the Effective Date. 28. TEMPORARY USE. Beginning on the Effective Date, LESSOR hereby grants to LESSEE the temporary use of a portion of the Property containing approximately 1,200 square feet, together with the right to install, operate, and maintain Support Services, all as more particularly described and shown in detail on Exhibit "C" attached hereto and made a part hereof (together, the "Temporary COW Premises") for the sole purpose of installing, maintaining, and operating a temporary "cell on wheels" communications facility. LESSOR further grants LESSEE the non-exclusive right of ingress and egress over and across the Property, to and from the Temporary COW Premises. These grants shall continue in existence until the Commencement Date, but in no event shall continue in existence beyond one (1) year from the Effective Date hereof unless the Parties mutually agree otherwise in writing. The rental rate for the Temporary COW Premises shall be the same as for the Premises as set forth in Paragraph 4(a) above, except that rent for the Temporary COW Premises shall be due and payable to LESSOR beginning on the Effective Date and shall continue through the Commencement Date. The Parties acknowledge and agree that the initial rental payment(s) for the Temporary COW Premises may not be 01595639.2 8 LESSEE Site ID: Selva Marina / 610397 delivered by LESSEE to LESSOR for up to ninety (90) days after the Effective Date. Except as provided for in this Paragraph 28, all other provisions of this Agreement shall be applicable to this grant of temporary use for the Temporary COW Premises. 29. MISCELLANEOUS. This Agreement contains all agreements, promises and understandings between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or proceeding. The prevailing party in any action or proceeding to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' and experts' fees and other reasonable costs and expenses, whether arising at pre -suit, trial or appellate levels, from the non -prevailing party. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and be binding upon the heirs, personal representatives, successors, sublessees and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this Agreement shall be governed, interpreted, construed and regulated by the laws of the State of Florida without reference to its choice of law rules. Except as expressly set forth in this Agreement, nothing in this Agreement shall grant, suggest or imply any authority for one Party to use the name, trademarks, service marks or trade names of the other for any purpose whatsoever. LESSOR agrees to execute a Memorandum of this Agreement, which LESSEE may record with the appropriate recording officer. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. LESSOR shall have access at all reasonable times to the Premises for the purpose of inspection to insure compliance with this Agreement and applicable local, State and federal laws, provided, however, that in no event shall LESSOR have the right to touch or interfere with the Communications Equipment. The provisions of this Agreement are deemed severable and should any part of this Agreement be held invalid by a court of competent jurisdiction, it shall not affect or terminate the remainder of this Agreement. All signs of any nature to be installed or used in connection with this Agreement must be approved by LESSOR in writing prior to installation or use. Beginning on the Effective Date of this Agreement, LESSEE shall at all times keep the Premises, Access Easement and Property free and clear from any and all encumbrances and will not permit any mechanics or materialmen's liens to be filed against the Property, Premises or Access Easement. [The remainder of this page is intentionally blank; signatures appear on the following page.] 01595639.2 9 LESSEE Site ID: Selva Marina / 610397 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. Attest: Donna B. Bartle City Clerk 01595639-2 10 LESSOR: City of Atlantic Beach, Florida, a Florida municipal corporation By: Name: Ellen Glasser Its: Mayor Date: LESSEE: Cellco Partnership d/b/a Verizon Wireless By: _ Name: Its: Date: LESSEE Site ID: Selva Marina / 610397 EXHIBIT "A" DESCRIPTION OF PROPERTY AND SURVEY [See attached 2 pages.] 01s91639-2 11 s -E L NEA GOIF-0 BY COROWATE CEOKM ie® wTIPOTti: owm FCIOM 0/.14 VG17us. aAswA man onset P®ls a F4T AFJCAd2 nwr 11— u PA¢ VIA . IRF S PW j t)1Ce1 Open L TIE FIELD WDRL Wr PTIEPMID WTNMfT 11E ENMT OF A nu Iw1r. wa wv AGVGL AOO110NLL 00MWTAN¢S � T1.TO OIN AM) M Ot-1AN IIA ISPII U11 OR IES1WCr1010 p� 1HE slaw A10 E llOr AN NTA/NS% UND EiIE SIWVEt. YF BEET a 1w Tru mxTnLXT Nn Nll1. ). — FNORRTT o11MO14A•] WOW T.D` FROM NANO'" mwTv TAK u.P rttacs ANo�WI 11sm�p Ars aav l BT 0A/YNfC pEiE)WPtARF{ RDOG ZONC Y. —m NEA pC1 O` TO BC tCIVO:Y INCL T urns of TF[ eAq rlmD Nn TMC oz 1 PFRC # 12031CMMLIN:LE 0.0.. 1J3m LPON RVA COe4NRT { PAHO/ F20]IfD101.1 ETTECIIVE N0I0Iff.4 O; 201& i AgFATY dNa1 Nr01YA110M: t I- 0 ATIANIIL OE,� s00 s.NuaE IU REVS GATE ISSUED FOR 'N,-IALS; EXHIBIT A - page 1 of 2 IRF � -- '_'— TOT 9 LOT 14 g 0 (TIE) 13' 223, 100 CO LOT 15 0 LOT 16 0 LOT 17 0 LOT 18 1A CERTIFICATE s / LEGEND �. 1{ PROPFXTT uN� E1 LOT 11 LOT 10 8 1-tLOT 8 0 L.ONGNUDE: W8P2410.5°0' (N11D'S312011) 0 1 Q alg 0 ( { 1 I 1 UTILITY POLE GUY (ANC -10; LOT 13 { 1 w LIGHT POLE 0 �3�S2s t90.W' Ss7 j 'IM LOT 14 g 0 (TIE) 13' 223, 100 CO LOT 15 0 LOT 16 0 LOT 17 0 LOT 18 1A CERTIFICATE s / LEGEND �. ` PROPFXTT uN� LATITUDE: N 30'20'06.00Y (NAD'63M 1) — — — AOMNERS PROPERTY UNE L.ONGNUDE: W8P2410.5°0' (N11D'S312011) � UTILITY D) GROUND &EV. (AMSLI 7.62'* (N AVD 11M C UTILITY POLE GUY (ANC -10; L'} LIGHT POLE BLDG BLDG 10' LITUTY POLE MIN TRANSFORMER E10STINC 135' LOT SIGN EXISTING XISTIG ® FIBER VAULT MONOPOLE N:2,1621195745 8, OO* CLEANOUT LEASED E%ISRNG AREA BLDG 1 In DROP INLET Wg WATER VALVE M� WATER METER 1 PB 41 �{ FIRE HYDRANT PB 44 MANHOLE PC 23A SANITARY SEYIER MANHOL.'- IRF REBM (FOUND) LOT 7 / IV IRON O / ® Plff PK/MAG NAE (FOUND) NO / I.a % 0 PROPERTY CORNEA (ULC) LOT 6 - OHW-- OVERHEDGE EAD A0 MINNEIFNT 0 ___R/W__- RIGHT -4F- AT \ \� —X — THAN UNIX -"Cl ME TREE UNE � LEASE/EASEYEI'.' CORNER CITY OF ATLANTLC BEACH s / PARCEL y 1720260000 �. ` 1.89 ACRES \ ^ l LOT 4 t 0 5FS LOT 9 1 EXISTING EXISTING BLDG BLDG N ckf I E10STINC 135' LOT WATERRtOOP EXISTING XISTIG _pp OD 1^ PROPOSED rvj +,7(aoN MONOPOLE N:2,1621195745 8, 50' X IS, E-324350.056' LEASED E%ISRNG AREA BLDG 1 NA083/2011 i ` 9 PROPOSED 20' ACCESS/UTKJTY EASEMENT LOT 5 0 ` l LOT 4 t 0 5FS LOT 9 1 E%ISnNG ( elDc I `1.4( N ckf T C LOT F In EXISTING XISTIG E70STING am O 1 LOT 1 1 { „(TM r 1 1 PB 41 �{ 1 PG 66A 1fl ;i { 11l=d' B!L 376TRYl1NR0A6 I1C'DB41 �IQidS51 C4IELBIlt7 I HEREBY CERTIFY THAT THE ATTAG4IFD PLAT IS A TRUE AND CORRECT REPRESENTATION (IF THE LANDS RECENTLY SUR`eEYEI) AND DRAWN UNDER NY RESPONSIBLE DIRECTION AND SUPERMSIOIN. THAT THE SURVEY SHOWN CONFORMS TO TIE APPLICABLE REOUIRFM7MTS OF FLORIDA STATUTES OUPTER 7177. CERTIFIED TNS 07 DAY OF APRT. 2021. AQ 11, �r_.-W1,1 Lq\N1{q LS 7271 3 STATE OF ` % FLORIDA Qac ^MgtNN�� APS /1/. -4at - ALAN H. ALLBERT P RY. NO L87a/ THE SEAL APPEARING ON THIS DOCLAIENT WAS AUTHORIZED BY (ALAN. 1L AUBERT, P.S.M. LS 7271 ON APRIL 7. 2021.) SURVEY MAP AND/OR REPORT OF THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AFD NAPPER VZW SITE 9: 610397 VZW SITE NAME: SELVA MARINA 489 11TH ST ATLAN71C BEACH, FL 32233 DUVAL COUNTY SEC 17/TVMSHP 2S/RNG 29E FIELD WORK PERFORMED ON: 4/7/21 PROPOSED TELECOMMUNICATIONS SITE PLAN PREPARED FOR verizonv/ x700 EXCHANGE COURT, SUITE TDO BOCA RATON. FL 33431 (351) 995-3539 0' S0' 120' SCALE 1• = 60' ORIGINAL MAP SIZE 11.00' K 17.00• EXHIBIT A - page 2 of 2 TITLE EXCEPTIONS SCHEDULE B - SECTION II EXCEPTIONS CHICAGO TITLE INSURANCE AGENCY, INC. COMMITMENT FOR TITLE INSURANCE COMMITMENT N6 46187 COMMITMENT EFFECTIVE DAIS: MARCH 30, 2021 AT 5:00 AM 1. FOR REFERENCE ONLY: (POINT OF REFERENCE) PLAT OF ATLANTIC BEACH SU80IMSICN 'A' PLAT NO. 1, FILED .;ONE 5, 1913, IN PLAT BOOK 5, PACE 59, OF THE PU%IC RECORDS OF DUVAL COUNTY, FLORIDA. Z FOR REFERENCE ONLY: WARRANTY DEED BETWEEN SELVA UNKSIDE PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP CONSISTING OF LOUIS B. MACDOWELL. BUY N. ARZUE, JOHN A MERRITT. II AND J THOMAS GAY, AND CITY OF ATLANTIC BEACH, FLORIDA. A FLORIDA MUNICIPALITY. DATED OCTOBER 9, 1987, RECORDED MAY 9, 1985, IN OFFICIAL RECORD BOOK 6444, PACE 1268, OF PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. 3. FORREFERENCE ONLY: (ADJOINING PLAT) PLAT OF SELVA LINKSIDE UNIT 1, FLED MAY 9, 198& IN PLAT BOOK 44, PACE 23, OF THE PU13UC RECORDS OF RIVAL COUNTY, FLARIDA 4. TAXES FOR THE YEAR 2021 AND SU9SECUENT YEARS. WHICH ARE NOT YET DUE AND PAYABLE REAL ESTATE TAXES FOR THE YEAR 2020 AND ALL PREVIOUS YEARS HAVE BEEN PAID. NOTE REAL ESTATE TAXES FOR THE YEAR 2020 WERE ASSESSED EXEMPT UNDER PARCEL NO. 172026-0000. TITLE LEGAL DESCRIPTION SITUATED IN DUVAL COUNTY OF FLORIDA A PARCEL OF LAND LYING IN GOVERNMENT LOT FIVE (5), SECTION SEVENTEEN (17), TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESOIi6ED IN VESTING DEED RECCROED IN DEED BOOK 1761, PACE 104, OF THE PUBLIC RECORDS OF DUVAL COUNTY. FLORIOA. J,M:F il1Ci7 I HEREBY CERTIFY THAT THE ATTACHED PLAT IS A TRUEAND CORRECT REPRESENTATION OF THE LANDS RECENTLY SURVEYED AND DRAWN UNDER NY RESPONSIBLE DIREC11ON AND SUPERVISION, THAT THE SURVEY S"O" CONFKMBIS M T11E APPLICABLE REOURnIENTS OF FLORIDA STATUTES CHAPTER 177. CERTIMED THIS 07 DAY OF AP4L, 2021. ,�a\\\tatf►th CITU N. AL�elchfyyY� V `a�Ae qy,A Rj,,9 6� 3 � Lsn71 i STATE OF O S FLORIDA ya �sury .. Iik({t\tN \NNN` 444, W 40"t - ALAN H. ALLBERT P.S.M. NO. LS 7271 THE SEAL APPEARING ON THIS DOCUMENT WAS AUhgR® BY (ALAN. N. AU -BMT, PSL. L5 7271 ON APRIL 7, 2021.) SURVEY NAP AND/OR REPORT OF THE COPIES THEREOF ARE NOT VALID WITHOUT THE S'CN ATURE AND ORIGINAL RAISED SAL OF THE FLORIDA LICENSED AJIKVEYOR AND MAPPER, VZW SITE #: 610397 VZW SITE NAME: SELVA MARINA 48911TH ST BEACH, ACH, FL 32233 DUVAL COUNTY SEC 17/TWNSHP 2S/RNG 29E FIELD WORN PERFORMED ON: 4/7/21 ^ROPOSED TELECOMMUNICATIONS PLAN PREPARED FOC verizonN/ 4700 EX04ANGE COURT, SUITE 100 BOCA RATON, R 33431 (561) 895-5538 N.T.S. ORIGINAL MAP T.S. 11.00' X 17.OD' LESSEE Site ID: Selva Marina / 610397 EXHIBIT "B" PREMISES AND ACCESS AGREEMENT LEGAL DESCRIPTION AND SURVEY [See attached.] 01595639-2 12 a 0 g POINT OF BEGINNING 60'X60' LEASE AREA N=52&334.0482' E -Z182 -762327C NAD83/20I1 --\a, (11E) � xB�DV.16-' IRF _ I`rJ`136.2T V IRF POINT OF COMMENCEMENT 20' ACCESS/UDUTY EASEMENT 60X80' LEASE AREA N -Z187,139.4559' E-52&199.7093' NA083/2011 EXHIBIT B LEGAL DESCRIPTION OF 60' X 60' LEASE AREA llALL THAT CERTAIN LEASE AREA. SITUATED, LYING AND BEING IN DUVALCOUNTY, NORTHERN RIGHT OF WAY OF 11TH STREET, SAID IRON BEING THE FLORIDA, BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIALRECORD 71NO BOOK 6444 AT PACE 126& OFFICIAL RECORD BOOK 16785 AT PAGE 913, DEED BOOK 1781 AT PAGE 104, DEED BOOK 362 AT PAGES 17 & 19 OFlTHE 5444 AT PAGE 126& OFFICIAL RECORD BOOK 16755 AT PAGE 913. DEED BOOK RIBED COUNTY REDI9TER OF O-cnS AND BEING YORE PARTICULARLY DESCRIBED AS FOLLOWS I % EXISTING 135' WATER TANK/PROPOSED MONOPOLE N=2,6z,9s.74X E-52&380.058' 83 NA0/2D11 19.99' (TOTAL) PONT OF BEGINNING 20' ACCESS/UDUTY EASEMENT N-2,1B2.156b785' PROPOSED 20' E=52$354.8033' UTILITY/ACCESS EASEMENT NAD83/2011 SAID LEASE AREA CONTAINING 3.600 SQUARE FEET OR 0.08 ACRES MORE OR LESS, LEGAL DESCRIPTION OF 20' ACCESS & UTILITY EASEMENT ALL THAT CERTAIN EASEMENT AND UTILITY AREA, SITUATED, LYING AND BEING IN DUVAL COUNTY, FLORION BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 6444 AT PAGE 1268, OFFICIAL RECORD BOOK 16785 AT PAGE 913, DEED BOOK 1761 AT PAGE 104, DEED BOON 382 AT PAGES 17 R 19 OF THE DUVAL COUNTY REGISTER OF DEEDS AND BEING MCRE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCINGAT AN EOOSTING 5/8- IRON REBAR (NO I.O.) FOUND ON THE NORTHERN MGHT OF WAY OF 11TH STREET. SAID IRON BEING THE SOUTHWESTERN CORNER OF THE PARCEL DESCRIBED N OFFICIAL RECORD BOOKM 6444 AT PAGE 126& OCAL RECORD BOOK 16785 AT PAGE 913. DEED BOOK 1761 AT PAGE 104. DEED BOOK 382 AT PAGES 17 k 19, HAVING FLORIDA EAST STATE PLANE COORDINATES OF NORTHING - ZIBZ139.455W. AND EASING - 528,199.7093'; THENC7~ FROM THE PONT OF COMMENCEMENT. NORTH 8X42'00" EAST A DISTANCE OF 151.04 FEET TO A PONT ON THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED 2D' ACCESS AND UTILITY EASEMENT, SAID PONT BEING THE TRUE POINT OF BEGINNING HAVING FLORIDA EAST STATE PLANE COORDINATES OF: NORTHING - ZI82.IS&S7&3'; AND LASTING - 528,354.803X; THENCE, FROM THE POINT OF BEGINNING AND LEAVING THE NORTHERN RIGHT OF WAY OF 11TH STREET, NORTH 0618'00' WEST A DISTANCE OF &17 FEET TO A POINT; THENCE, NORTH 8X42'00- EAST A DISTANCE OF 19.99 FEET TO A POINT; THENCE SOUTH 0616'38' EAST A DISTANCE OF 8.54 FEET TO A PONT; THENCE SOUTH 83'42'00' WEST A DISTANCE OF 19.99 FEET TO THE PONT OF BEGINNING. SAID EASEMENT AREA CONTAINING 170 SQUARE FEET OR 0.004 ACRES MORE OR LESS. &54' _ AC' COMMENCING AT AN EMSRNG 5/8• IRON REBAR (NO I.D.) FOUND ON THE 60.00 NORTHERN RIGHT OF WAY OF 11TH STREET, SAID IRON BEING THE SOUTHWESTERN CORNER OF THE PARCEL DESCRIBED N OFFICIAL RECORD BOOK 5444 AT PAGE 126& OFFICIAL RECORD BOOK 16755 AT PAGE 913. DEED BOOK 1761 AT PAGE 104, BE m BOOK 382 AT PAGES 17 k 19, HAMNG FLORIDA EAST " STATE PLANE COORDINATES OF NORTHING - Z18Z139.4559', AND FASTING SUNTAN'/ SEVER E 6' 52&199.7093% THENCE, FROM THE PONT OF COMMENCEMENT, NORTH 8020'1- EAST A DISTANCE OF 136.27 FEET TO A PONT CN THE SDUTHMEST CORNER OF ®IPF THE HEREIN DESCRIBED 60' X 80' LEASE AREA, SAID POINT BEING Tw TRUE ® PONT BEGINNING, HAMNG FLORIDA EAST STATE PLANE COORDINATES OF POLL NORTHING - 2.1621623274, AND FASTING - 52&334.04412'; THENCE FROM B THE PONT OF BEONNINC, NORTH 07-13'00' WEST A DISTANCE OF 60.00 FEST ao 1 TO A POINT; THENCE NORTH 8,]'00'07' EAST A DISTANCE OF 60.00 FEET TO A V POINT; THENCE SOUTH 0713'00' EAST A DISTANCE OF 80.00 FEET TO A PONT; THENCE SOUTH 8300'07' WEST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. EXISTING 135' WATER TANK/PROPOSED MONOPOLE N=2,6z,9s.74X E-52&380.058' 83 NA0/2D11 19.99' (TOTAL) PONT OF BEGINNING 20' ACCESS/UDUTY EASEMENT N-2,1B2.156b785' PROPOSED 20' E=52$354.8033' UTILITY/ACCESS EASEMENT NAD83/2011 SAID LEASE AREA CONTAINING 3.600 SQUARE FEET OR 0.08 ACRES MORE OR LESS, LEGAL DESCRIPTION OF 20' ACCESS & UTILITY EASEMENT ALL THAT CERTAIN EASEMENT AND UTILITY AREA, SITUATED, LYING AND BEING IN DUVAL COUNTY, FLORION BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 6444 AT PAGE 1268, OFFICIAL RECORD BOOK 16785 AT PAGE 913, DEED BOOK 1761 AT PAGE 104, DEED BOON 382 AT PAGES 17 R 19 OF THE DUVAL COUNTY REGISTER OF DEEDS AND BEING MCRE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCINGAT AN EOOSTING 5/8- IRON REBAR (NO I.O.) FOUND ON THE NORTHERN MGHT OF WAY OF 11TH STREET. SAID IRON BEING THE SOUTHWESTERN CORNER OF THE PARCEL DESCRIBED N OFFICIAL RECORD BOOKM 6444 AT PAGE 126& OCAL RECORD BOOK 16785 AT PAGE 913. DEED BOOK 1761 AT PAGE 104. DEED BOOK 382 AT PAGES 17 k 19, HAVING FLORIDA EAST STATE PLANE COORDINATES OF NORTHING - ZIBZ139.455W. AND EASING - 528,199.7093'; THENC7~ FROM THE PONT OF COMMENCEMENT. NORTH 8X42'00" EAST A DISTANCE OF 151.04 FEET TO A PONT ON THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED 2D' ACCESS AND UTILITY EASEMENT, SAID PONT BEING THE TRUE POINT OF BEGINNING HAVING FLORIDA EAST STATE PLANE COORDINATES OF: NORTHING - ZI82.IS&S7&3'; AND LASTING - 528,354.803X; THENCE, FROM THE POINT OF BEGINNING AND LEAVING THE NORTHERN RIGHT OF WAY OF 11TH STREET, NORTH 0618'00' WEST A DISTANCE OF &17 FEET TO A POINT; THENCE, NORTH 8X42'00- EAST A DISTANCE OF 19.99 FEET TO A POINT; THENCE SOUTH 0616'38' EAST A DISTANCE OF 8.54 FEET TO A PONT; THENCE SOUTH 83'42'00' WEST A DISTANCE OF 19.99 FEET TO THE PONT OF BEGINNING. SAID EASEMENT AREA CONTAINING 170 SQUARE FEET OR 0.004 ACRES MORE OR LESS. &54' _ LEGEND R/W " PROPERTY LSI& — — ADJOINS% PROPERTY LINE © SUNTAN'/ SEVER E (NOT SURVEYED) ®IPF N REBAR (FOUND)FOUND) ® POLL No D UTILITY POLE GUY (ANCHOR) PICT PK/MAG NAIL (FOUND) NO LINT POLE LD. / UBUTY POLE WITH TRA SFORMER O PROPERTY CORNER (CALC) 9GN -- OF PAVEMT EDGE EN / f7 FIBER VAULT ---DHW___ OVERHEAD WIRE / w• CLEANOUT ----I/W___ RIGHT-OF-WAY DROP INLET —X— CHAIN LINK FENCE WATER VALVE Y^ TREE WATER METER W Q"ENT COKER / FRE HYDRANT (UlJ]IL11TE0) 7 e MANHOLE I HEREBY CERTIFY THAT THE ATTACHED PLAT 19 A TRIS AND CORRECT REPRESENTATION OF THE LANDS RECENTLY SURVEYED AND DRAWN LANDER MY RESPONSIBLE DIRECTION AND SUPERV19014, 'THAT THE SURVEY SHOWN CONFORMS TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES CHAFTER 177. connED MS 67 DAY OF APRT, 2021. Mlly H• z LS rn1 4� i I � STATE All RORiDA W. 6`»41/Sri g ALAN H. ALLBERT PSAR. N0. LS 7271 THE SEAL APPEARING ON THDi DOCU MEN, WAS AUTHORIZED BY (ALAN. KALBERT, P.SY. LS 727- ON APRIL T, 2021.) SURVEY MAP ANO/OR REPORT OF THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AN0 ORKINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER VZW SITE #: 610397 VZW SITE NAME: SELVA MARINA 469 11TH ST ATLANTIC BEACH, FL 32233 DUVAL COUNTY SEC 17/TWNSHP 2S/ANG 29E FIELD WORK PERFORMED ON: 4/7/2 verizonv' 4700 EXCHANGE COURT, SUITE 100 BOCA RATON, FL 33431 (551) 995-5539 20' SCALE: I' - 10 041GNNA_ MAP Siff 11.00' X 17.00' LESSEE Site ID: Selva Marina / 610397 EXHIBIT "C" TEMPORARY COW PARCEL LEGAL DESCRIPTION AND SURVEY [See attached 2 pages.] 01595639-2 13 EXHIBIT C - page 1 of 2 Le66CC '� •� WEINCTB ANDEPEC— F— ON 3-3SWE PROI. GDFMW. - 1 -- AlpCAOR[V NTF LOC ON „�- .. nice sD 126112 N - LONGITUDE. -0f aZ132 }}} � Ll66R PROPO{® RERROUR TO E+rTMG EIEER 141D MIX! AT ROW CCMRACTOR TO lJ � � SPllC2 FlER WITMN lX16TVG MANO MOLC. •'1. CpOIIT TOTE UNOERORCIMC FgOY rleeR 1 rING "DING � MANO MOLL TO N6 DE CEC COMP WNO TNnN ' 2- -lot, U LD nG NOK GROUND CONW t C4EUPPORTeOEY ON9LEEPER9(tA3b) `rt I Al e"'m) ela6T Nc wATeR TOWER r09E RE wvED 1. .�.. sTi7 � �. d �� - roTMER6 DwRN PROPo6cD MONovoL. EattNa z •'I"Ip t sutuua i t,. ♦:� e � :• �� � EABTNG lICCTPoCLL NFIUME ^Rb' !l'.' •.. ' ....I 4 „ L (1 M11O dO T1ENOI FROM Fl9ER �1 L -. ( NUidICtI TO IB E)l IINLEO '*,T'; ; :� � coMPouNo. cooRIXNATe YATTI ,� .�� - �.. - _ •�` 1316TWO Fl3l TOMN ESATROW NTE•1' VlPoIDN •. , x •��-ter _ I` wl,,GNGACd56C . .:,-_ .. �'--� L�.ISTMC ECUmLlNr ro EE � '� EZEnNe verozoN WIPo:Le%3-v A Q .r ,Y e Z ,. REYOVCD AND ETORPD. SYOMR6 GENTRATORN 36DG LPTANKTO " � EPo!LOOATEDAfDUSED BY 13663E I garret SCALE v zr wOVERALL VIEW WITH AERIAL (IfAl1 N P®T1 +en/Dose 1r317 C" TELECOM DESIGN GROUP rr 1 NINES ATE. TAKPA. RDAIDA 73614 pn) 013-1231 _ t3- EA/HEN 1YrRrYs ROAM erizon m1 3 TEAM I m Tiling 1A3A1E. R 333A 610397 SELVA MARWA RELO 689 11 TM ST ATLANTIC MACH. FL 3ZW CBVR PROJECT It. WWW21 A R.NIDIIA61r1 r.M.n wulDRrr. r.KN c R.rI6RIN rraL FOVERALL VIEW WITH AMAL l.E-1 �T ­TEDEA 6TNG VERT IDN WIRR[E6 pU6TMG PROPlRry - BOUNDARY tHE. IiPROA. LP ON G[NEI6ITO1 CONFAETC BLLLAAT6 COW ---1E�"�'l_-. ----- WrtN VE1tlZQ1 WlR[lF%ILNTIIIIU6 RELOCATED EA6TNG VEPoa9l W W REEF ��J SOO GAI IP TANf ONCDNCFETE IALLAR6 / / j.. EAIETNG CIUMINM PEN ..� ,�,,.,. ,.,,«. A`liy PARCH ID. 1 mozaooao ,d'".::.,,yri.• - '� OEm RLL[OCI LE%EE PIICPOEEO IP.IO LEASE '� t � j dWILMEROY2 TOE %PMROGP TOE— OONd1R TO EE NOK GI1IXlD 6Cta r AREA FOR TEMPORARY UEE COW iii bV PORTlD 1Y W 3TPoR6 ON M!lPCRE )MID' ) Le66CC '� •� WEINCTB ANDEPEC— F— ON 3-3SWE PROI. GDFMW. - 1 -- AlpCAOR[V NTF LOC ON „�- .. nice sD 126112 N - LONGITUDE. -0f aZ132 }}} � Ll66R PROPO{® RERROUR TO E+rTMG EIEER 141D MIX! AT ROW CCMRACTOR TO lJ � � SPllC2 FlER WITMN lX16TVG MANO MOLC. •'1. CpOIIT TOTE UNOERORCIMC FgOY rleeR 1 rING "DING � MANO MOLL TO N6 DE CEC COMP WNO TNnN ' 2- -lot, U LD nG NOK GROUND CONW t C4EUPPORTeOEY ON9LEEPER9(tA3b) `rt I Al e"'m) ela6T Nc wATeR TOWER r09E RE wvED 1. .�.. sTi7 � �. d �� - roTMER6 DwRN PROPo6cD MONovoL. EattNa z •'I"Ip t sutuua i t,. ♦:� e � :• �� � EABTNG lICCTPoCLL NFIUME ^Rb' !l'.' •.. ' ....I 4 „ L (1 M11O dO T1ENOI FROM Fl9ER �1 L -. ( NUidICtI TO IB E)l IINLEO '*,T'; ; :� � coMPouNo. cooRIXNATe YATTI ,� .�� - �.. - _ •�` 1316TWO Fl3l TOMN ESATROW NTE•1' VlPoIDN •. , x •��-ter _ I` wl,,GNGACd56C . .:,-_ .. �'--� L�.ISTMC ECUmLlNr ro EE � '� EZEnNe verozoN WIPo:Le%3-v A Q .r ,Y e Z ,. REYOVCD AND ETORPD. SYOMR6 GENTRATORN 36DG LPTANKTO " � EPo!LOOATEDAfDUSED BY 13663E I garret SCALE v zr wOVERALL VIEW WITH AERIAL (IfAl1 N P®T1 +en/Dose 1r317 C" TELECOM DESIGN GROUP rr 1 NINES ATE. TAKPA. RDAIDA 73614 pn) 013-1231 _ t3- EA/HEN 1YrRrYs ROAM erizon m1 3 TEAM I m Tiling 1A3A1E. R 333A 610397 SELVA MARWA RELO 689 11 TM ST ATLANTIC MACH. FL 3ZW CBVR PROJECT It. WWW21 A R.NIDIIA61r1 r.M.n wulDRrr. r.KN c R.rI6RIN rraL FOVERALL VIEW WITH AMAL l.E-1 EXHIBIT C - page 2 of 2 R�.ER,r {b < CBVFt) NNSSEE PHOPOSEO NJOBRPB •MEWU 1nP cE ]y ?.O S� IESSEE PROPOSED mAMewuB 1D7•- EtOlA7TEDT0 TEYPORARV CO\v TELECOM DESIGN GROUP EPEE NfMEE AVE. LESSEE PPOPOSEO __����-�._ Tl~(IIQ OSG.•-Pr3P n�PLEx<R WillpN1fE (TYO Or ]) ESBEEPRMWaOP06EDVMV TB d 43111A )EfWME\ u _ .m.r�w.....vs� wwPr-vr � T7E' PR'QY R•O f1MER .E6 MMR bECTORI PROPOSED •NTEINA •>lNIJi11 R DOPry OO WN CABIELENOTH PROPOSED GI7LE LESSEE PROPOSEp (tn A.t A NtM1Jl3Br19 O TT (t3)VP•D 0.t B MtR4r&IQB t20' TY tOD �R tET COASIAI—E 41 C NRIJW>t29 PJO' ]Y VP'DCMpAI CAMLB SECURED TD TK COW �r•A • PEA RP05 PROPOSED ANTENNA MOUNT DETAIL 8 SCHEDULE wm TD xAle erizon MIFT"COY Fit" TEMPLE TERRACE. FL 77777 MSEE PROPOSED RRL SMS (TW. OF ]) __•.ISITF SPBRMTSIS 610397 SELVA MARINA RELO 469 11TH ST TELESGOPINOCOMER ATLANTIC BEACH, FL 32233 - LE33FE vftnvOSEO MU JME (TMP or ]) CBVR PRQECT It. V2W.14121 MMiM1 M70 � w � TR•RMR � • Er1WR 0t r.rN _ E 116YAR16VivI p.RaM c RMIYRM RNd rwM7 MARpI PROPOSEDCONER ELEVATION PROPOSED COW ELEVATION ....� PROPOSED RRU MOUNT DETAIL �cr TU SCALE TwTTOEDR).E LE -2 EXHIBIT B Prepared By and Upon Recording, Return to: Bonnie Bolz Merkt, Esq. Ginsberg Jacobs LLC 300 South Wacker Drive, Suite 2750 Chicago, Illinois 60606 STATE OF FLORIDA COUNTY OF DUVAL LESSEE Site ID: Selva Marina / 610397 MEMORANDUM OF LAND LEASE ACCESS AND TEMPORARY USE AGREEMENT This Memorandum of Land Lease Access and Temporary Use Agreement ("Memorandum") is made this day of , 2022, by and between City of Atlantic Beach, Florida, a Florida municipal corporation with an address of 800 Seminole Road, Atlantic Beach, Florida 32233, hereinafter designated LESSOR, and Cellco Partnership, a Delaware general partnership d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". 1. LESSOR and LESSEE entered into a Land Lease Access and Temporary Use Agreement (the "Agreement") on , 2022, for an initial term of 5 years, commencing on the Commencement Date (as defined below). The Agreement shall automatically be extended for 4 additional 5 year periods unless terminated in accordance with the terms thereof. The initial term and all extensions shall be collectively referred to herein as the "Term". Pursuant to the Agreement, LESSOR granted to LESSEE the right to install, maintain and operate Communications Equipment upon the Premises (as hereinafter defined), which are a part of that certain real property owned, leased or controlled by LESSOR and located at 469 11th Street, Atlantic Beach, Florida 32233 (the "Property"). The Property is legally described on Exhibit "A" attached hereto and made a part hereof. The "Premises" is a portion of the Property containing approximately 3,600 square feet, and it is shown in detail on Exhibit "B" attached hereto and made a part hereof. LESSEE shall have the non-exclusive right of ingress and egress from 11th Street (a public right-of-way), 7 days a week, 24 hours a day, to and from the Premises for the purposes of installation, operation and maintenance of LESSEE's Communications Equipment over or along the 20 foot wide right-of-way ("Easement"), which is depicted on Exhibit "B" attached hereto. LESSEE may also use the Easement for the installation, operation and maintenance of wires, cables, conduits and pipes for all necessary electrical, telephone, fiber and other similar support services. 3. The initial five year term shall commence on the first day of the month immediately following the date upon which LESSEE begins operating Communications Equipment from the replacement monopole tower to be constructed by LESSEE at the Premises (the "Commencement Date"). 4. If at any time after the Effective Date of the Agreement, LESSOR receives a written offer or letter of intent from any person or entity that is in the business of owning, managing or operating communications facilities or is in the business of acquiring landlord interests in agreements relating to communications facilities, to purchase fee title, an easement, a lease, a license, or any other interest in the Premises or any portion thereof or to acquire any interest in this Agreement, or an option for 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, any other consideration being offered, the other terms and conditions of the offer, a description of the portion of and interest in the Premises and/or this Agreement which will be conveyed in the proposed transaction, and a copy of any letters of intent or form agreements presented to LESSOR by the third party offeror. LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the terms and conditions of such offer. If LESSEE fails to provide written notice to LESSOR that LESSEE intends to meet such bona fide offer within 45 days after receipt of LESSOR's Notice, LESSOR may proceed with the proposed transaction in accordance with the terms and conditions of such third party offer, in which event this Agreement shall continue in full force and effect and the right of first refusal described in this Paragraph shall survive any such conveyance to a third party. If LESSEE provides LESSOR with notice that LESSEE shall meet the third party offer within 45 days after receipt of LESSOR's Notice, then the Parties shall proceed with closing of the transaction on substantially equivalent terms and conditions of the third party offer. 5. Should LESSOR, at any time during the Term, decide (a) to sell or otherwise transfer all or any part of the Property or (b) to grant to a third party by easement or other legal instrument an interest in and to any portion of the Premises, such sale, transfer, or grant of an easement or interest therein shall be under and subject to this Agreement, and any such purchaser or transferee shall recognize LESSEE's rights hereunder. In the event that LESSOR completes any such sale, transfer, or grant described in this Paragraph without executing an assignment of the Agreement whereby the third party agrees in writing to assume all obligations of LESSOR under this Agreement, then LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of the Agreement. 6. Capitalized terms not otherwise defined herein shall have the meanings attributed to them in the Agreement. 2 7. The terms, covenants and provisions of the Agreement, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of LESSOR and LESSEE. In the event of any inconsistency between this Memorandum and the Agreement, the Agreement shall control. [The remainder of this page is intentionally blank; signatures appear on the following page.] 3 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: City of Atlantic Beach, Florida, a Florida municipal corporation By: _ Name: Its: Date: STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization this day of January, 2022, by as of the CITY OF ATLANTIC BEACH, FLORIDA, a Florida municipal corporation, on behalf of the CITY OF ATLANTIC BEACH, FLORIDA, who is [_] personally known to me or [_] produced as identification. Notary Public, State of Florida Commission No.: My Commission Expires: [LESSEE's signature appears on the following page.] 4 LESSEE: Cellco Partnership d/b/a Verizon Wireless By: _ Name: Its: Date: STATE OF COUNTY OF I, , do hereby certify that this day and acknowledged that he/she is the _ LESSEE ACKNOWLEDGMENT _ personally came before me of CELLCO PARTNERSHIP d/b/a Verizon Wireless, a Delaware general partnership, and that he/she, being authorized to do so, executed the foregoing MEMORANDUM OF LAND LEASE ACCESS AND TEMPORARY USE AGREEMENT on behalf of CELLCO PARTNERSHIP d/b/a Verizon Wireless. He/She is personally known to me. WITNESS my hand and official Notarial Seal, this _day of 2022. Notary Public My Commission Expires: EXHIBIT "A" DESCRIPTION OF PROPERTY AND SURVEY [See attached 2 pages.) iAn 0, THE IEA IN — OSApURJ 4 INE TTANOA E_ STATE HANE CWT✓QNATL m—, NORM AN000N1 OATNN (HAD elryml77 rutin oN erTuwnu as Om[ANATRIO EE]IOVm ADRI 7, ONII Im 10 TAC CI,maL.IN TpENRTQ SYSILI W L'Qmm $TAIIDLA AND dEN®CO Y U6 BA5E1' FII7 . ANNA CdPURO 4r WWNNATE CEOMET91 >, Ten ur�xna: uNlm wTOA. NNJrt nmAla, aANw Pv 2!4 W1e>Ni P®1] l PIAT IE7LffOlO^_ PUT NOOK H PI ]>,1 i M 1 171CM OOW I. THE FaO VOW T IU, T. w�lEYr��.m TNrau 01�r�iAT¢aA i. NOT 5wTi AND 6 -WANE LTA /W" NND TT 2Y1RGI:OIC NOT 3 c AND 6 NOT AN AIrA/NSP9 VND 1:iLE `li RYEY. Yi a10T J rT7+ TTTLE Cor.rnEAT Nn 441eT. 1. Au INOMRTY oAWUmtn Nnc WIN nw alavEr mNTY TA. NAP vEmss uro/w N®� .LA,s l n CN_ OETEAYINAIdI THE %U v PR.WR LES IN MXO IDL Y. 9tA^.O7 NQA OC'OONACD TO B fCtVfLY M UMTS d M NAY C1J;00 — MC 02 —11-fli A. Fi.Om. d/.4D LPM T91. W1Y.NTTY PNR71 iffiRLDION.L ERL . XC\flIH]1 O. 701& L 1101401TY OINLA WOTYAT— (nY OF ATUNOL RACK !OO ONN LL IW REV 1 DATE I ISSUED FOR �N7. 0 1 0+/21/2021 1 PRELIMINARY I UGC I I 05AD/2021 I SITE RENEW I JOC JWAM# ria7�rD1►A® 27$mJIV# 27271Y TRH lT2m � err 278H2m �•� Z7im" 7fE77V mw IMAM 772!71 AW 1723N mw AGN® 7m2l71 Z72l7MSm ,....Y irimsm NNNNrw 772J71 Ur78 271971 on .�ANt�fW JrADIIISM 17221Ml NwN�A IRF LOT 13 ((T) ^$ LOT 14 0 (TLE) N93- 23' 100, '00'00 LOT f5 O LOT 16 0 LOT 17 O EXHIBIT A - page 1 of 2 LOT 18 Q CITY OF ATLANTIC BEACH LOT 5 PARCEL # 1720260000 �- O :i 1.89 ACRES \ T^ LOT 4 0 1 - ®I LOT I EXISTING Qe I BLDG 1 � =. 1A CERTIFICATE PROPOSED 20' LEGEND D E10STING 135' I 'c WATER TANK/PROPOSED a� LO1, 1 PROPERTY UIQ NJ PROPOSED i MONOPOLE 03STINC Oi VERIZON N=2,182,19S74S 8 BIDE p v 60' X 6O' E -52&M 1.038' LEASED NAD&3/20111 LATITUDE: N 30' 2P OBDD2' (NAD BSQA11)— — — ADJaREAS PROPERTY UNE LONGITUDE W 81' 24' 18.500' (NAD'83F20t 1) �Q1 MOT SURVEYED) UTRUTY POLE GROUND ELEV. (It118L1 7.82Y (NAVD'88) C. UTILITY POLE MY (AN610P) LKiR POLE UTILITY POLE YA TH TRANSFORMER _ LRFF ® m0 SON FIBER VAULT CLEANOUT LOT T 9 �� ® DROP INLFT 'NA Tv+ YALW YGTM METER LOT tt `{ LOT fO i J Ogg LQ'I' B PB 44 ® EIRE N'ARANT MANHOLE 0 PC 23A ® SANITARY SEW -MHO!.' I I I IRF R_BAR (FQ;AO) LOT 7 NO NO la O ®PITH F'N/A1AO NAA (FOUND) NO I.D. S� �3'26*w PROPERTY CORNEA (CALC) EDGE OF PAVEMENT LOT 6 --- OVERHEAD OVERHEAD MIRE �X— WAY CHAN LNX FENCE EE TREE LINE UNE � l � LEASE/EASEIffN i CORNEA LOT 18 Q CITY OF ATLANTIC BEACH LOT 5 PARCEL # 1720260000 �- O :i 1.89 ACRES \ T^ LOT 4 0 1 - ®I LOT I EXISTING Qe I BLDG 1 � =. EJGS;1R46 EXISTMG BIDG BLDG PROPOSED 20' o E10STING 135' I 'c WATER TANK/PROPOSED a� LO1, 1 m NJ PROPOSED i MONOPOLE 03STINC Oi VERIZON N=2,182,19S74S 8 BIDE p v 60' X 6O' E -52&M 1.038' LEASED NAD&3/20111 p DOSING �� 1 BLDG STING E)O� LOOT 1 Ik �1 iffiIC, lU.0 9?a'RYON ROAD rsuE!Qii, NC 27EQ3 Q,j CCW@LW17 I HEREBY CERTIFY THAT THE ATTAdim PLAT IS A TRUE AW CORRECT REPRESENTATION OF THE LANDS RECENTLY SURVEYED AND DRAWN UNDER NY RESPONSSUE DIRECTION AND AIPEAV79CP1, THAT THE SURVEY SHOWN CONFORMS TO THE AW CAME REQUIREMENTS OF FLORIDA STATUTES CHAPTER 177. CERTIFIED MS 07 DAY C< APTOL, 2071. `4.,aaa1%1pf .0' vk ft S P AA NN lc'pT�r Ls 7271 STATE Of m �I FLORIDA CSI hh aiSu„�yDi �II1nNa" APS yi A int ALAN H. ALLBERT P B.Y. NO. IS 7271 THE SEAL APPEARNG ON MS DOCUMENT WAS AUTHORIZED BN. Y (ALAH AUSERT, P.S.M. LS 7271 ON APRIL 7, 2021.) SURVEY MAP ANO/OR REPORT OF THE COPIES THEREOF ARE NOT VALID NITHOUT THE SIGNATURE AND ORIONAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER. VM SITE #: 61 OW VM SITE NAME: SELVA MARINA 489 I1 TH ST ATLANTIC BEACH, FL 32233 DUVAL COUNTY SEC 17/TVINSHP 2S/RNG 29E FIELD WORK PERFORMED ON: 4/7/21 PROPOSED TELECOMMUNICATIONS SITE PLAN PREPARED FOR IN verizon,/ 4700 EXCHANGE COURT, SUITE 100 SOCA RATON. FL 33431 (581) 995-5539 D' 60' 120' SCALE 1' - BO' ORI'14AL NAP SIZE II.DO' X 17.00' PROPOSED 20' ACCESS/UTIUTY EASEMENT PB 41T !1 —~•L PC 66A i iffiIC, lU.0 9?a'RYON ROAD rsuE!Qii, NC 27EQ3 Q,j CCW@LW17 I HEREBY CERTIFY THAT THE ATTAdim PLAT IS A TRUE AW CORRECT REPRESENTATION OF THE LANDS RECENTLY SURVEYED AND DRAWN UNDER NY RESPONSSUE DIRECTION AND AIPEAV79CP1, THAT THE SURVEY SHOWN CONFORMS TO THE AW CAME REQUIREMENTS OF FLORIDA STATUTES CHAPTER 177. CERTIFIED MS 07 DAY C< APTOL, 2071. `4.,aaa1%1pf .0' vk ft S P AA NN lc'pT�r Ls 7271 STATE Of m �I FLORIDA CSI hh aiSu„�yDi �II1nNa" APS yi A int ALAN H. ALLBERT P B.Y. NO. IS 7271 THE SEAL APPEARNG ON MS DOCUMENT WAS AUTHORIZED BN. Y (ALAH AUSERT, P.S.M. LS 7271 ON APRIL 7, 2021.) SURVEY MAP ANO/OR REPORT OF THE COPIES THEREOF ARE NOT VALID NITHOUT THE SIGNATURE AND ORIONAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER. VM SITE #: 61 OW VM SITE NAME: SELVA MARINA 489 I1 TH ST ATLANTIC BEACH, FL 32233 DUVAL COUNTY SEC 17/TVINSHP 2S/RNG 29E FIELD WORK PERFORMED ON: 4/7/21 PROPOSED TELECOMMUNICATIONS SITE PLAN PREPARED FOR IN verizon,/ 4700 EXCHANGE COURT, SUITE 100 SOCA RATON. FL 33431 (581) 995-5539 D' 60' 120' SCALE 1' - BO' ORI'14AL NAP SIZE II.DO' X 17.00' EXHIBIT A - page 2 of 2 TITLE EXCEPTIONS SCHEDULE B - SECTION II EXCEPTIONS CHICAGO TITLE INSURANCE AGENCY, INC. COMMITMENT FOR TITLE INSURANCE COMMITMENT NO: 46187 COMMITMENT EFFECTIVE DATE MARCH 30, 2021 AT 6:00 AM 1. FOR REFERENCE ONLY: (POINT OF REFERENCE) PLAT OF ATLANTIC BEACH SUBOIVISILN 'A' PUT NO. 1. FILED .AJNE 5, 1913, IN PLAT BOOK 5, PACE 59, OF THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. 2. FOR REFERENCE ONLY: WARRANTY DEED BETWEEN SELVA LINKSIDE PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP CONSISTING OF LOUIS B. MACUOWELL BILLY N. ARZIE, JOHN A. MERRITT. III AND J, THOMAS GAY, AND 01Y OF ATLANTIC BEACH, FLORIDA. A FLORIDA MUNICIPALITY. DATED OCTOBER 9, 1987, RECORDED MAY 9, 1988, IN OFFKAAL RECORD BOOK 6444. PACE 1268. OF PUBUC RECORDS OF DUVAL COUNTY. FLORIDA. S FOR REFERENCE ONLY: (ADJOINING PLAT) PLAT OF SELVA LIWSIDE WIT 1, FLED MAY 9, 1988, IN PUT BOCK 44, PACE 23, OF THE PUBUC RECORDS OF DUVAL COUNTY, FLORIDA. 4. TAXES FOR THE YEAR 2021 AND SUBSEQUENT YEARS, WHICH ARE NOT YET DUE AND PAYABLE REAL ESTATE TAXES FOR THE YEAR 2020 AND ALL PREVIOUS YEARS HAVE BEEN PAID. NOTE REAL ESTATE TAXES FOR THE YEAR 2020 WERE ASSESSED EXEMPT UNDER PARCEL NO. 172026-OMM TITLE LEGAL DESCRIPTION 9NATED IN DUVAL COUNTY OF FLORIDA A PARCEL OF LAND LUNG IN GOVERNMENT LOT FIVE (5), SECTION SEVENTEEN (17), TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BMG MORE PARTICULARLY DESCRIBED IN VESTINGDEED RECORDED IN DEED BOOK 1761, PAGE 1D4, OF THE PUENJC RECORDS OF DUVAL COUNTY, ELCRIOA_ iBlr� Nil 326TItY0H AQA� RN.EI(i�NC TfAD9 {Si9}B61�i61 l�4/t88217 I HEREBY CERTIFY THAT THE ATTACHED PLAT 15 A TRUE AND CORRECT REPRESENTATION OF THE LANDS RECENTLY SURVEYED AND DRAWN UNDERMY RESPONSIBLE DIRECTION AID SUPERVISION, THAT THE SURVEY SHOWN COWOWS TO THE APPLICABLE KOUP43WENTS OF ELMDA STATUTES CHAPTER 177, CERTIFIED THIS 07 DAY OF APRIL, 21221. AL("4ttj Lsnn ° t I i I STATE OF j o i FLOREDA t 4N `�rT khI'Th""a�.r` .E`/C l w /YAG 6.;t- ALAN H. AU -BERT P.S.M. NO. LS 7271 THE SEAL APPFARNO ON THIS DOCLUENT WAS AUTHORRED BY (ALAR. H. A -ERT, PSN. LS 7271 ON APRIL 7, 2021.) SURVEY NAP AND/OR REPORT OF THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA UCENSED SURVEVOR AND MAPPER. VZW SITE #: 610397 VZW SITE NAME: SELVA MARINA 459 11TH ST ATLANTIC BEACH, FL 32233 DUVAL COUNTY SEC 17/T11NS P 25/RNG 29E FIELD WORK PERFORMED ON: 4/7/21 PROPOSED TELECOMMUNICARONS SITE PUN PREPARED FOIZ verizonN/ 4700 EXCHANGE COURT, SLATE 1GO BOCA RATON, FL 33431 (561) 995-55M N.T.S. OMGINAL MAP SIZE 11.00' X 17.00' EXHIBIT "B" PREMISES AND ACCESS AGREEMENT LEGAL DESCRIPTION AND SURVEY [See attached.] PROPOSED 60X60' LEASE AREA Ln EXHIBIT B LEGAL DESCRIPTION OF 60' X 60' LEASE AREA COMMENCING AT AN EXISTING 5/8• IRON REBAR (NO I.D.) FOUND ON THE NORTHERN RIGHT OF WAY OF 11TH STREET, SAID IRON BEING THE ALL THAT CERTAIN LEASE AREA, SITUATED, LYING AND BEING IN DUVALCOUNTY, FLORIDA. BEING A PORTION OF THE LANDS DESCRIBED IN OFFICIALRECORD BOOK 8444 AT PAGE 126& OFFICIAL RECORD BOOK 16785 AT PAS913, DEED BOOK 1761 AT PAGE 104, DEED BOOK 382 AT PAGES 17 & 19 OFTHE --- DUVAL COUNTY REGISTER OF DEEDS AND BEING MORE PARTICULARLYJ40: SANITARY SEWER MANHOLE DESCRIBED AS FOLLOWS: — 60.00 COMMENCING AT AN EXISTING 5/8• IRON REBAR (NO I.D.) FOUND ON THE NORTHERN RIGHT OF WAY OF 11TH STREET, SAID IRON BEING THE SOUTHWESTERN CORNER OF THE PARCEL DESCRIBED IN OF'FIOAL RECORD BOOK 5444 AT PAGE 126& OFFICIAL RECORD BOOK 16785 AT PAGE 913. DEED BOOK --- 1761 AT PAGE 104, DEED BOOK 382 AT PAGES 17 & 19, HAVING FLORIDA EAST SANITARY SEWER MANHOLE STATE PLANE COORDINATES OF NORTHING - 2.182,139.4559', AND FASTING - — 52&199.7093'; THENCE, FROM IEE POINT OF COMMENCEMENT, NORTH 80"71", EAST A DISTANCE OF 136.27 FEET TO A POINT ON THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED 60 X 60 LEASE AREA, SAID POINT BEING THE TRIG= (NOT SURVEYED) POINT OF BEGI.NNPNG, HAVING FLORIDA EAST STATE PLANE COORDINATES OF K NORTHING = 2.152.182.3274', AND FASTING - 528.334.0482'; THENCE. FROM THE POINT OF BEGINNING, NORTH 07'13'00' WEST A DISTANCE OF 80.00 FEET 0 1 u: TO A POINT; THENCE NORTH 83'00'07' EAST A DISTANCE OF 8000 FEET TO A POINT; THENCE SOUTH 07'12'00' EAST A INSTANCE OF 8000 FEET TO A POINT; PKF THENCE SOUTH 830007' WEST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. / EXISTING 135' WATER 1 TANK/PROPOSED MONOPOLE N=z18z19S.743' E-524360058' NAD83/2011 o I{ en � u o g PONT OF BE 60'X60' LEASE AREA N=528.334.0482' E-2,182.162.3274' NAD83/2011 A N63'42'IX Sp}'p0'OYW ("k) g•E 60.00 m IRF H80'20t (IOTA!) m 1�7 0 PONT OF BEGINNING IRF 20' ACCESS/UTIUTY EASEMENT 4-2,182.1585785' / PROPOSED 20' POINT OF COMMENCEMENT E=52&354.803? UTILITY/ACCESS EASEMENT 20' ACCESSNTIUTY EASEMENT NA083/2011 7 60X60' LEASE AREA N=2,182,139.4559' E-52&199.7093' NA083/2011 SAID LEASE AREA CONTAINING 3.600 SQUARE FEET OR 0.D8 ACRES MORE OR LESS. LEGAL DESCRIPTION OF 20' ACCESS & UTILITY EASEMENT ALL THAT CERTAIN EASEMENT AND UTIUTY AREA, SITUATED, LYING AND BEING IN DUVAL COUNTY, FLORIDA. BEING A PORTON OF THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 6444 AT PAGE 126& OFFICIAL RECORD BOOK 16785 AT PAGE 913, DEED 1300K 1761 AT PAGE 104, DEED BOOK 382 AT PAGES 17 & 19 OF THE DUVAL COUNTY REGISTER DF DEEDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING 5/8' IRON REBAR (NO I.D) FOUND ON THE NORTHERN RIGHT OF WAY OF 11TH STREET. SAID IRON BEING THE SOUTHWESTERN CORNER OF THE PARCEL DESCRIBED N OFFICIAL RECORD BOOK 6444 AT PAGE 1269. OFFICIAL RECORD BOO( 16785 AT PAGE 913. DEED BOOK 1761 AT PAGE 104. DEED BOOK 382 AT PAGES 17 R 19, HAVING FLORIDA EAST STATE PLANE COORDINATES OF NORTHING - 2.182,139.4559', AND FASTING - 528,199.7093; THENCE. FROM THE PONT OF COIMENCEMENT. NORTH 8T42'GO' EAST A DISTANCE OF 151.04 FEET TO A PONT ON THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED 20' ACCESS AND UTRITY EASEMENT, SAID PONT BEING THE TRUE POINT OF BEGINNING HAVING FLORIDA EAST STATE PLANE COORDINATES OF. NORTHING - 2,I8zI56.5785'; AND EASWNO - 528,354.8033'; THENCE, FROM THE POINT OF BEGINNING AND LEAVING THE NORTHERN RIGHT OF WAY OF 11TH STREET, NORTH 06'18'00' WEST A DISTANCE OF B.17 FEET TO A POM; THENCE. NORTH BS42'DO' EAST A DISTANCE OF 19.99 FEET TO A POINT; THENCE SOUTH 06'76'38' EAST A DISTANCE OF 8.54 FEET TO A PONT; THENCE SOUTH 83'42'00' WEST A DISTANCE OF 19.98 FEET TO THE PONT OF BEGINNING. SAID EASEMENT AREA CONTAINING 170 SQUARE FEET OR 0.004 ACRES MORE OR LESS. LEGEND I HEREBY CERTIFY THAT THE ATTACHED PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS RECENTLY SURVEYED AND DRAWN UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION. THAT THE SURVEY SHOWN CONFORMS TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES CHAPTER 177. CERTIFIED THIS 07 DAY OF MRI. 2021. `��gg1q111q1 as NH. ALL q4 F,Q i ��PAA NPS • J. �� JLS TM STATE OF �7 FLORIDA �= g1TEaiSurveyo,41 'q&." JY..AGL'Om-- ALAN H. ALLBERT P.S.M. NOL LS 7271 THE SEAL. APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY (ALAN. H. AU.BERT, P -SM. LS 7271 ON APRIL 7, 2021.) SURVEY MM ANDIOR REPORT LF THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER. VZW SITE #: 610397 VZW SITE NAME: SELVA MARINA 469 11TH ST ATLANTIC BEACH, FL 32233 DUVAL COUNTY SEC 17/TILNSHP 2S/RNG 29E FIELD WORK PERFORMED ON: 4/7,: verizon� 4700 EXCHANGE COURT, SUITE 100 SOCA RATON, FL 33431 (561) 995-5539 C' T 0' 20' SCALE: I- - 10 ORIGINAL MAP SIZE 11.00' X 17.00' PROPERTY LINE ® SANITARY SEWER MANHOLE — AIIJOIM36 PROPERTY LINE rt), (NOT SURVEYED) IRF W' IRON REBAR (FOLMO) ® / C. UTILITY POLE UTILITY POE GUY (ANCHOR) PKF ND I.D. PK/MAG NAIL (FOUND) NO U POLE LD. UDUTY POLE WITH ® PROPERTY OOLIER (CALC) / / v TRANSFORMER SIGN -- EDGE OF PAVELT NT / FIBER VAULT --- c"--- OVERHEAD WT$ I MO CLEANOUT---R/W--- RICHT-OF-WAY jWATER ® DROP INLET VALVE"'^ —X— OWN LINK FENCE TREE LANE LEASE/EASEMENT DORMER --" WATER METER • (CALCULATED) FIRE HYDRANT [�] MANHOLE I HEREBY CERTIFY THAT THE ATTACHED PLAT IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS RECENTLY SURVEYED AND DRAWN UNDER MY RESPONSIBLE DIRECTION AND SUPERVISION. THAT THE SURVEY SHOWN CONFORMS TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES CHAPTER 177. CERTIFIED THIS 07 DAY OF MRI. 2021. `��gg1q111q1 as NH. ALL q4 F,Q i ��PAA NPS • J. �� JLS TM STATE OF �7 FLORIDA �= g1TEaiSurveyo,41 'q&." JY..AGL'Om-- ALAN H. ALLBERT P.S.M. NOL LS 7271 THE SEAL. APPEARING ON THIS DOCUMENT WAS AUTHORIZED BY (ALAN. H. AU.BERT, P -SM. LS 7271 ON APRIL 7, 2021.) SURVEY MM ANDIOR REPORT LF THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER. VZW SITE #: 610397 VZW SITE NAME: SELVA MARINA 469 11TH ST ATLANTIC BEACH, FL 32233 DUVAL COUNTY SEC 17/TILNSHP 2S/RNG 29E FIELD WORK PERFORMED ON: 4/7,: verizon� 4700 EXCHANGE COURT, SUITE 100 SOCA RATON, FL 33431 (561) 995-5539 C' T 0' 20' SCALE: I- - 10 ORIGINAL MAP SIZE 11.00' X 17.00' 0 Selva Marina Photo Location Nbp 1/4 -mile rad ius Photo Location Water Tank COLegend ye Q M ll W - .. Linkside Dr v aPhcto,Location 1 ,- f 4Photo Location 20-� •' 1` Water Tank I stn sc Photo Location 3 p onners Rd a JiH i ► }.yam. At ♦ y 1 IL n _. 'i _ �i +.1 \Err. � / t e • ' � • r *, � £ r �"��' - . N 9 � � ` H 3 �° � ., S._.. � �i , *mow �' 4 Cr _ OL .�ak Iva ; +.e w , T • f eco ,;;3` �. 4 Google Earth r k _ 10001t _ I 0 Monopole Tower Simulation Selva Marina ll verizon 120 -ft AGL 469 11th Street 'Atlantic Beach FL 32233 \\` ENGINGEERYG Photo #1 - approx. 215° NW of site PROFE99ONN.9 COT n n V i 7 -N•r� � a .a. � r�.: .�,� �. �•M `; _ •`l'O.i�'. /vr1x.� '}.lt'' .. ��t 1t�^ � .h A - A f �: = 41 . ' Ir 1411 S 0 \\` ENGIN�EERrvG �x PRGFE99�ONAL9 Monopole Tower Simulation - Zoomed verizon 120 -ft AGL Photo #3 - approx. 300' SE of site Selva Marina 469 11th Street Atlantic Beach, FL 32233