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Exh 8GAGENDA ITEM #SG JUNE 13, 2U0~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Communications Site Lease Agreement with Nextel SUBMITTED BY: Donna Kaluzniak, Utility Directo DATE: June 6, 2005 BACKGROUND: The construction of the elevated tank at Water Plant #2 (2301 Mayport Road) is now complete. Nextel, Inc. approached the City with an interest in leasing space at the plant and on the elevated tank for communications antennas and related equipment. Staff negotiated with Nextel on price and contract conditions. The negotiated rental is $2000/month with an annua13.3% increase. Staff and the City Attorney have reviewed the contract, and Staff's only concern with the contract was with the term of the tenancy, which allows for five automatic renewals of five years each unless Nextel notifies the City of intention not to renew. The City can only terminate the contract due to default of the agreement. Nextel states this is industry standard, as it would not be worth their engineering and installation cost if a long-term agreement was not available. Staff has surveyed a number of other utilities, and it appears this type of term agreement is common for tower lease contracts. In addition to negotiations with Nextel, staff attempted to contact Verizon and Clearwire to determine if these companies were interested in leasing space on the tower, and received no response. However, the City will have the option to co-locate other companies on the tower if a future arrangement becomes possible. BUDGET: This would be a revenue of $24,000 during the first year of the contract, with a 3.3% increase each year. RECOMMENDATION: Authorize the City Manager to sign the final Communications Site Lease Agreement with Nextel South Corporation. ATTACHMENTS: 1. Sample Communications Site Lease Agreement REVIEWED BY CITY MANAGER: AGirNDA IT1;M #SG Site: <Srte:No > - <Site Name> JUNE 13, 2005 Market: <Market.Naine> C0i4iMIJNICATIONS SCfELEASE AGREEMENT (WATER TANK) This COMMUMCATIONS SITE LEASE AGREEMENT ("Agreement") is dated aS of , 200 by Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications ("Nextel" or "Tenant"), and <Landlord?, <Entity>; ("Owner" or "Landlord"). For.One Dollar ($1.00) paid fo Owner, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 r Premises. Owner owns a parcel of land ("Land"} and a water tank ("Water Tank") located in the<City/Town/Borougtt> of . __ CCI...F~, County of <County>, State of <State>, commonly known as <Site Address? (APN CAPN>) The Water Tank and the Land ~' are collectively referred to herein as the "Property:' The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ("Effective Date/Due Diligence Period"), Owner hereby leases to Nextel and Nextel Ieases from Owner approxunately <Sgft:y (<sq~2>) square feet of Land and space adjacent to and/or on the Water Tank and all access and utility easements necessary or desirable therefor (collectively, "Premises") as may be described generally in Exhibit B annexed hereto, 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 3 below ("Due Diligence Period"), Nextel shall only be pernutted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Ne,~ctel may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. Upon Nextel's request, Owner agrees to provide promptly to Nextel copies of all plans, specifications, surveys and Water Tank maps for the Land and Water Tank. The Water Tank map shall include the elevation of all antennas on the Water Tank and the frequencies upon which each operates. In the event that Nextel determines, during the Due Diligence Period, that the Premises are not appropriate for Nextel's intended use, or if for any other reason, or no reason, Nextel decides not to commence its tenancy of the Premises, then Nextel shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time during the Due Diligence Period and prior to the Term Commencement Date. Owner and Nextel expressly acknowledge and agree that Nextel's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Nextel shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Term, The term of Nextel's tenancy hereunder shall commence upon <commercial'oQeraho start o~construclaonF' of the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the Effective Date, whichever fast occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term Commencement Date ("Term"} unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods ("Renewal Terms"} on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its. intention not to renew prior to commencement of the succeeding Renewal Term. 4. Rent. Within fifteen (15) business days following the Term Co encement Date and on the first day of each month ,~.• ., ,.o .ry, thereafter, Tenant shall pay to Landlord as rent <Rent? and 00/100 Dollars (5;,~,.,.ent2>) per month ("Rent"). Rent for any .fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Landlord at AIL Add?, <Cty>, State,>, <p1ostal ~~;Code>; Attention <Contact?. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W-9 Form firom Landlord. 5. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for any lawful activity in connection with the provision of communications services, and Tenant shall have the ongoing right to perform such Investigations and Tests as Tenant may deem necessary or desirable. Landlord agrees to cooperate with Tenant, at no out of pocket expense to Landlord, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 6. Facilities: Utilities• Access. Water Tank Agreement-Revised 10/15/04 E:\WaterTankAgcement-Revised 10.15.04.doc 0?JI812005 -1- Site: <Sife No.> - <Site Namc> Market: <Market~Name AGENDA ITiJiti1 #SG JUNG 13, 200 {a) Tenant has the .right to construct, erect, maintain, test, replace, remove, operate and upgrade on the Premises communications facilities, including without limitation utility lines, transmission lines, an air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefor ("Tenant Facilities"). In connection therewith, Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. AlI of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Tenant shall hold title to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property and are not fixtures. Tenant has the right to xemove the Tenant Facilities at its sole expense on or before file expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Property. (b) _ Tenant shall a for the electrici it consumes in its operations at the rate charged b the servicing utility company. Tenant shall have the right to draw electricity and other utilities from a existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property. In connection therewith, Landlord hereby grants to the local telephone, power and utility companies (as appropriate) non-exclusive rights to locate, construct, install, operate, maintain, repair, replace, alter, extend, and/or remove cables and lines on, over, under and across a portion of Landlord's Property as necessary or desirable therefor. Landlord agrees to sign such documents or easements, at no cost to Tenant or the utility companies, as may be required by said utility companies to provide such service to the Premises. Any easements necessary for such power or other utilities will be at locations reasonably acceptable to Landlord and the servicing utility company. {c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord twenty-four (24) hours a day, seven (7) days a week, at no charge. Landlord grants to Tenant, and Tenant's agents, employees and contractors, anon-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, and such right and easement maybe described generally in Exhibit B. (d) Landlord shall maintain atI access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways. 7. Interference. (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC") .requirements including those prohibiting interference to communications facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Tenant Facilities. (b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 8. Taxes. If personal property taxes are assessed, Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities. Landlord shall pay when due all real property taxes, assessments and deferred taxes on the Property. 9. Waiver of Landlord's Lien. (a) Landlord waives any lien rights it may have concerning the Tenant Facilities, all of which are deemed Tenant's personal property and not factures, and Tenant has the right to remove the same at any time without Landlord's consent. (b) Landlord aclmowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities ("Collateral") with a third party financing entity (and may Water Tank Ageement-Revised 10/15/04 02/18/2005 E:1WaferTankAgreement-Rcvised 10.15.04.doc _2_ Site: 4Sife No.? = <.Site'Name> Market: <Maket:.Name> AGENDA ITEM #8G JUNE 13, 2005 in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i} consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that,the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due ar to become due and that such Collateral maybe removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently. pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice; or (ii) by Tenant if it does not obtain or maintain any.license, permit or other approval necessary for the construction and operation of the Tenant Facilities; or (iii) by Tenant if Tenant is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (iv) by Tenant if any environmental report for the Property reveals the presence of any Hazardous Material after the Term.Commencement Date; or (v) by Tenant if Tenant determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; or (vi) by Tenant if the Landlord fails to deliver to Tenant an executed memorandum of agreement ornon-disturbance and attornment agreement pursuant to Paragraphs 19(g) and (h) below. 11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than forty-five (45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. (a) Tenant, at Tenant's sole cost and expense, shall procure and maintain commercial general• liability ("CGL") insurance covering bodily injury and property damage with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Subject to the standard exclusions and limitations of CGL policies, such insurance shall insure, on an occurrence basis, against all liability of Tenant, its employees and agents arising out of or in connection with Tenant's use of the Premises, all as provided for herein. Within thirty (30) days following the Effective Date, Tenant shall provide Landlord with a certificate of insurance ("COI") evidencing the coverage required by this Paragraph 12. Alternatively, Tenant shall have the option of providing Landlord with evidence of such coverage electronically by providing to Landlord a Uniform Resource Locator ("URL") Link to access Tenant's memorandum of insurance ("MOI") website in order for Landlord to review the coverage required by this Paragraph I2. (b) Landlord, at Landlord's sole cost and expense, shall procure and maintain CGL insurance covering bodily injury and property damage with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Subject to the standard exclusions and limitations of CGL policies, such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connection with Landlord's use, occupancy and maintenance of the Property. Within thirty (30) days following the Effective Date, Landlord shall provide Tenant with a COI evidencing the coverage required by this Paragraph 12. Alternatively, Landlord shall have the option of providing Tenant with evidence of such coverage electronically by providing to Tenant a URL Link to access Landlord's MOI website in order for Tenant to review the coverage required by this Paragraph 12. (c) Each party shall be named as an additional insured on the other's policy. 13. _Waiver of Subrogation. Landlord and Tenant release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Property or the Premises or to the Tenant Facilities or any other property thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Water Tank Agreement-Revised 10/15/04 E:\Water Tank Agreement-Rcviscd I O.I5.04.doc 02/18/2005 -3- Site: 4Site:No.> - <Site Name> Market: <Market Name> AGENDA ITEM #8G JUNE 13, 2005 . Neither Landlord nor Tenant shall be liable to the other for any damage caused by any of the risks insured against under any insurance ' policy required by Paragraph 12. . 14. Liability and indemnity. Landlord'and Tenant shall each indemnify, defend and hold the other harmless from and against ,.., all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party or its agents, employees or contractors in or about the Property. The duties described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 15. Assignment and Subletting. Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity acquiring fi#ty-one percent (51%) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9 above. Upon assignment, Tenant shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment maybe evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of Landlord's obligations herein, including but not limited to, those sat forth in Paragraph 9 ("Waiver of Landlord's Lien") above. This Agreement shall run with the Land and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereofi (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii)'has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Warranty of Title and Quiet Enio~ment. Landlord warrants that: (i) Landlord owns the Property in fee simple, has rights ' of access thereto from the nearest public roadway, which Tenant is legally permitted to use, and the Property and access rights are free and clear of aI1 liens, encumbrances and restrictions except those of record as of the Effective Date; and (ii) Landlord covenants and agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises and such access thereto, provided that Tenant is not in default hereunder after notice and expiration of all cure periods. 17. Repairs. Tenant shall repair any damage to the Premises or Property caused by the negligence or willful misconduct of Tenant. Upon expiration or termination hereof, Tenant shall repair the Premises to substantially the condition in which it existed upon start of construction, reasonable wear and tear. and loss by casualty or other causes beyond Tenant's reasonable control excepted. 18. Hazardous Material. (a) As of the Effective Date of this Agreement: (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Property in violation of any Environmental Law (as defined below), and (2) Landlord hereby represents and watTants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Property in violation of any Environmental Law; (ii) no notice has been received by or on behalf of Landlord from, and Landlord has no knowledge that notice has been given to any predecessor owner or operator of the Property by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with any Environmental Law for any environmental damage (or the presence of any Hazardous Material) in, on, under, upon or affecting the Property; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Property in violation of any Environmental Law. ' (b) Without limiting Paragraph 14, Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all Losses (specifically including, without limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from (i) any breach of any representation or warranty made in this Paragraph 18 by such party; and/or (ii) environmental conditions or noncompliance with any Environmental Law (as defined below) that result, in the case of Tenant, from operations in or about the Property by Tenant or Tenant's agents, employees or. contractors, and in the case of Landlord, from the ownership or control of, or operations in or about, the Property by Landlord or Landlord's predecessors in interest, and their respective Water TankAgreement-Revised 10!15/04 02!18!2005 E:\Water Tank Agreement-Revised 10.15.04.doc -4- Site: <Site No:> - <Site Name> Market: <Market Name> AGENDA ITEM #SG JUNE 13, 2005 agents, employees, contractors, tenants, guests or other parties. The provisions of this Paragraph 18 shall apply as of the Effective Date of this Ageement and survive termination of this Ageement. (c) "Hazardous Material" means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, linuted or regulated by any Environmental Law. (d) "Environmental Law" means any and all present or future federal, state or local laws, rules, regulations, codes, ordinances, or by-laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, rulings, directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation, manufacture; refinement, handling, production, disposal, or management of any Hazardous Material, or otherwise regulating or providing for the protection of the environment. 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) Both parties represent and warrant that their use of the Property and their personal property located thereon is in compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government authority. (c) If any provision 'of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties, (e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Landlord: <Landlord>,., <Address>, <Cty>, <State> <Zip>; Attn: <Name? Phone:~<Pligne>, Water Tank Agreement-Revised 10/15/04 E:IWatcrTankAgrecment-Rcvised10.15.04.doe . Tenant: Nextel South Corp, a Georgia corporation d/b/a Nextel Communications 851 Trafalgar Court, Suite 300 East Maitland, FL 32751 Attn: Property Manager Phone: (407) 838-5334 With a copy to: Nextel Communications, Inc. 2001 Edmund Ha11ey,Drive Reston, VA 20191-3436 Attn: Regional Legal Services, Contracts Manager ovls2oos -5- Site: .Site No:? - <Site Name> Market: <Market'Nam AGENDA ITEM #8G JUNE 13, 2005 Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery. (f) This Ageement shall be. governed by the laws of the State of <State?. . (g) Landlord ogees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit C and acknowledges that such Memorandum of Ageement will be recorded by Tenant in the official records of the County . where the Property is located. (h) In the event the Property is encumbered by a mortgage or deed of trust, Landlord ogees to obtain and deliver to Tenant an executed and acknowledged non-disturbance and attornment instrument for each such mortgage or deed of trust in a recordable form reasonably acceptable to both parties. (i) Landlord ogees to fully cooperate with Tenant (including obtaining and/or executing necessary documentation) to clear any outstanding title issues that could adversely affect Tenant's interest in the Premises created by this Ageement. (j) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. (k) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Ageement. (1) Both parties took part in the negotiation of this Agreement and agree that legal concepts intended to construe the Agreement against the drafter will not apply against either party. (m) In the event of any breach or default by either party, the other party shall be entitled to all rights and remedies provided for in this Ageement and/or available at law, in equity, by statute ar otherwise, all of which rights and remedies shall be cumulative (and not exclusive). (n) The captions and headings in this Ageement aze for convenience only and in no way define, limit or describe the scope or intent of any provision of this Ageement. (o) All Recitals set forth above, and all Riders and Exhibits annexed hereto, form material parts of this Ageement and are hereby incorporated herein by this reference. (p) This Ageement maybe executed in duplicate counterparts, each of which shall be deemed an original. 20. Marking and Lishting Requirements. Landlord shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration ("FAA") and the FCC. Should Tenant be cited because the Property is not in compliance and should Landlord fail to cure the conditions of noncompliance, Tenant may either terminate this Ageement or proceed to cure the conditions of noncompliance at Landlord's expense, which amounts may be deducted from (and offset against) the Rent and any other charges or amounts due, or coming due, to Landlord. 21. Suaalier Diversity. Nextel is committed to equal employment and vendor diversity. As part of this commitment, it is the policy of Nextel that small business concerns, veteran-owned small business concerns, HUBZone small business concerns, women- owned small business concerns, small disadvantaged business concerns (including 8(a) business concerns} and historically black colleges and universities and minority institutions ("Diverse Suppliers," as further defined below) shall have the maximum practicable opportunity to participate in performance of contracting between Nextel and its vendors. The term "Diverse Supplier(s)" shall mean and be defined as set forth in Federal Acquisition Regulation Part 19 and 13 C.F.R Part 121. In addition, "Historically black colleges and universities," as included in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean and include institutions determined by the Secretary of Education to meet the requirements of 34 C.F.R Section 608.2; any nonprofit research institution that was an integral part of such a college or university before November 14, 1986; and "Minority institutions," as included Water Tank Agreement-Revised 10/15/04 E:1Water Tank Agreement-Rcviscd 10.15.04.doc 02/18/2005 -6- :. Site: ~.5te No:> - <Site Nano Market: <Market Name> AGENDA ITEM #8G JUNE 13, 2005 in the definition of "Diverse Suppliers" for purposes of this Agreement, shall mean institutions meeting the requirements of Section • 1046(3) of the Higher Education Act of 1965 (20 U.S.C. §1135d-5(3)); and also Hispanic-serving institutions as defined in Section 316(b)(1) of such Act (20 U.S.C. §1059c(b)(1)). Landlord shall confirm in the space below whether or not Landlord reasonably believes it qualifies as a Diverse Supplier. ***SIGNATURES ON FOLLOWING PAGE*** Water Tank Agreement-Revised 10/15/04 E:1Watcr Tank Agrccmcnt-Reviscd 10.15.04.doc 02!18/2005 -7- Site: <Site No.? - <Site'Name Market: <MarketName> AGENDA ITEM #SG JUNE 13, 200 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature below. LANDLORD: <Landiora>, <Eiti_ty>` By: Name • Title: .Date: TaX~I'D: Diverse Supplier: ^ Yes ^ No Witnesses for '` Print Name• Print Name: Water Tank Agreement-Revised 10/15/04 E:\Water Tank Agreement-Revised 10.15.04.dac TENANT: Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications By: . Name: Scott Smith Title: Vice President, Site Development, South Region Date: Witnesses for Scott Smith: Print Name: Print Name: O7J18/2005 -8- Site: 4Stte No> <Stte Name> Market. <MarkerName> EXHIBIT A DESCRII'TION OF LAND AGENDA ITEM #8G JUNE 13, 2005 to the Agreement dated .200_, by and between <Landlord>, <Enhty>, as Landlord, - and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Tenant. ' The Land is described and/or depicted as follows (metes and bounds description): A WRITTEN DESCRIPTION OF THE LAND WILL BE PRESENTED HERE OR ATTACHED HERETO Water Tank Agreement-Revised 10/15/04 E:1Watcr Tank Ageement-Revised 10.15.04.doc -9- 02/18/2005 Site: <Site No:> - 4Site Nane> Market: <Market Name> E~BIT B DESCRIPTION OF PREMISES AGENDA ITEIVI #8G JUNE 13, 200 to the Agreement dated , 200_, by and between <Landlord>, <Enhty>, as Landlord, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Tenant. The Premises are describedand/or depicted as follows: . A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Notev• 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. ' 2. The Premises shall be setback from the Property's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fire departments. . . 4. Without in any way limiting Paragraph 6 (or Tenant's right to make future changes), Tenant intends to initially install up to twelve (12) antennas, fifteen (15) coaxial cables and three GPS signal units and connections. The type, number, mounting positions and ' locations of antennas and transmission lines are illustrative only. The actual types, numbers, mounting positions and locations may vary from what is shown above. 5. The locations of any utility easements are illustrative only. The actual locations will be determined by the servicing utility ., company in compliance with all local laws and regulations. . Water Tank Agreement-Revised 10/15/04 E:1Water Tank Agreement-Revised 10.15.04.doc ovlsnoos -10- ' AGENDA ITEM #3G L ~~O ~ ~ JUNE 13, 200 LESSOR'S PROPERTY EXISTING EXISTING EXIS7ING PAD SHELTER . 1 S' WIDE NEXTEL FF7rCE ~~ ~p ~~~~ ASS ~ S' WIDE NEXTfl. EXISTING NON-DfCLUSiVE lRiL1TY EASE1r1ENT ELTER `s EXISTING PARlONG 0 ' ~ ~ ~ ~ ~ E ~ EXISTING TEL~O 5 WIOE NEXTTI PEOESru NON-ExCttlsrvE UTILITY EASE1tAENr EXISTING FENCE • SCJILE: NTS ~'~~..~..n auo~L_onn>,tic LEASE EXHIBIT ~®~~, NEXTEL COMMUNICATIONS SITE FL2292 -ATLANTIC BEACH 2301 MAYPORT RD. 4710 EISENHOWEK BLVD. BLDG. T?-1 JACKSONVILLE„PL 52204 TAMPA, FL 33634 TEL (904) 387-0889 Pax (904) Sep-Dees JACKSONVILLE, FL 32233 OFFICE: 813.806.4169 FAX: 813.806.4170 DATE: 1H7l05 SNEET 1 of 3 AGENDA ITEM #SG JUNE 13, 2005 p 2o'x3o' Nona. ~ ~1 ts~x2o~ Noon. ,~...,.. ~..,....w..~ II i s- rrioE N~zn1 NoN-DCausvE access ec anon EI~(EM o L1~C .: ~ .o .....,. 2223 HEIiSCHEL ST. JACKSONVILLE, FL 32204 TEL (904} 387-0889 FAX (904) 387-0899 LEASE EXHIBIT SITE FL2292 -ATLANTIC BEACH 2301 MAYPORT RD. JACKSONVILLE, FL 32233 nerF, ~H7ro5 SHEET 2 of 3 i -~~ f ~ i ~ scuE Nrs N©CTEL° NEXTEL COMMUNICATIONS 4710 EISENHOWER BLVD. BLDG. D-1 TAMPA, FL 33634 OFFICE: 813.806.4169 FAX: 813.606A170 EQUIPAIENi UST: 1. UP TO 12 ANTENNAS 2 SHEL'1ER . 3. REQUIRED CAt3UNG 4. 2 GPS ANTENNAS 5. 1 'TEST M081LE ANTENNA 8. MICROWAVE (IF APPIJCABI.E) 7. GENERATOR (IF APPt1CABlE) 1 ;.oiiav° LLC LEASE EXHIBIT SITE FL2292 -ATLANTIC BEACH 2223 NERSCNEL ST. 2301 MAYPORT RD. JACKSONVILLE, FL 32204 JACKSONVILLE, FL 32233 TEL (904) 387-0889 FAX (904) 387-0899 DATE: 1!17!05 SHEET 3 of 3 i I Cc AGENDA ITEM #8G JUNE 13, 2005 N©CTEL° NEXTEL COMMUNICATIONS 4710 EISENHOWER BLVD. BLDG. D•1 TAMPA, FL 33634 OFFICE: 813.806.4169 FAX: 813.806A170