714-2025 RDA RESOLUTION NO. 714-2025
A RESOLUTION OF THE CHAIR AND BOARD OF DIRECTORS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATION OF THE CITY'S FINANCE AND ECONOMIC RESILIENCY
COMMITTEE (FERC); FURTHER, APPROVING, IN SUBSTANTIAL FORM, A
NEW ROOFTOP LEASE AGREEMENT BETWEEN THE RDA (LANDLORD) AND
CROWN CASTLE FIBER, LLC. (TENANT), FOR THE INSTALLATION,
OPERATION, AND MAINTENANCE OF WIRELESS COMMUNICATION
EQUIPMENT AT THE ROOFTOP OF THE ANCHOR SHOPS AND GARAGE
(LEASED PREMISES) FOR A TERM OF NINE (9) YEARS AND 364 DAYS,
COMMENCING ON OCTOBER 31, 2025AND EXPIRING ON OCTOBER 29, 2035;
FURTHER, AUTHORIZING THE EXECUTIVE DIRECTOR TO FINALIZE THE
LEASE AGREEMENT; AND PURTHER, AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY TO EXECUTE THE FINAL NEGOTIATED LEASE
AGREEMENT.
WHEREAS, the Miami Beach Redevelopment Agency(the"RDA")is a public body corporate
and politic, which owns the facility commonly known as the "Anchor Shops and Garage," located at
1550 Collins Avenue, Miami Beach, Florida 33139; and
WHEREAS, the RDA has identified the rookop of the Anchor Shops and Garage as a
strategic location for telecommunications infrastructure to enhance wireless connectiviry in Miami
Beach; and
WHEREAS, Crown Castle Fiber, LLC ("TenanY') is currently leasing approximately 3,630
square feet of rooftop space on the Anchor Shops Parking Garage ("Leased Premises") and said
lease is currently set to expire on October 30, 2025; and
WHEREAS, Crown Castle Fiber, LLC. formally submitted a Letter of Renewal Request on
February 20, 2025, expressing its interest in entering into a new lease for the use of the Leased
Premises for the installation, operation, and maintenance of wireless communication equipment; and
WHEREAS, the proposed Lease Agreement includes the following essential terms:
Lessor: Miami Beach Redevelopment Agency (RDA)
Tenant: Crown Castle Fiber, LLC.
Location: 1550 Collins Avenue, Miami Beach, Florida
Leased Premises: 3,630 square feet on the rooftop of the Anchor Shops parking garage.
Lease Duration: 9 years and 364 days starting on October 31, 2025 and expiring on
October 29, 2035.
Rent: $7,139.74 per month, payable on the 1st of each month.
Rent Escalation: Increases 3% annually.
Additional Rent: If the tenant adds more customers to the leased premises, rent
increases proportionally.
Security Deposit: $24,000. Refundable within 30 days of lease termination, provided
the tenant is not in default.
Permitted Use: Operation, maintenance, and removal of wireless communication
equipment. Additionally, non-exclusive access to telephone
distribution systems and conduits.
Utilities & Maintenance: Tenant is responsible for equipment installation,
maintenance, and utilities. Lessor is responsible for building
maintenance, including the roof.
Access & Entry Tenant: 2417 access but must notify Lessor if entering outside normal
business hours. Lessor may enter for inspec[ions, repairs, or
emergencies but must give reasonable notice.
Assignments & Requires Lessor's approval, except for transfers to
Subleases: affiliated companies or successors.
Insurance & Tenant must maintain general liability, property, and
Indemnification: worker's compensation insurance. Both parties waive rights to
subrogation claims against each other.
Default &Termination: The cure Period: 30 days for monetary defaults, 60 days for non-
monetary defaults.
Termination Rights: Either party can terminate after 36 months with
180 days' notice. Termination is also possible for material breach,
condemnation, or destruction of the Leased Premises.
Hazardous Materials: Tenant cannot store or release hazardous materials and must comply
with environmental laws.
WHEREAS, the proposed new Lease Agreement is projected to generate an estimated
$870,400.52 in base rent over the full lease term, with additional potential revenue from expanded
carrier partnerships, thereby supporting the fnancial stability of the RDA and enhancing the City's
telecommunications infrastructure; and
WHEREAS, the Finance and Economic Resiliency Committee (FERC) reviewed lhis item at
its June 4, 2025 meeting and recommended approval of the Lease Agreement with Crown Castle
Fiber, LLC. based on the terms and conditions outlined herein; and
WHEREAS, based on the competitive rental rate and favorable lease terms, the Executive
Director recommends accepting the recommendation of ihe FERC and approving, in substantial
form, the proposed Lease Agreement, attached to the RDA Memorandum accompanying this
Resolution as Exhibit "B"; authorizing the Executive Director to finalize the Lease Agreement; and
authorizing the Executive Director and Secretary to execute the final negotiated Lease Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIR AND BOARD OF
DIRECTORS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chair and Board of
Directors of the Miami Beach Redevelopment Agency (RDA) hereby accept the recommendation of
the City's Finance and Economic Resiliency Committee and approve, in substantial form, a Rooftop
Lease Agreement between the RDA (Landlord) and Crown Castle Fiber, LLC. (Tenant), for use of
approximately 3,630 square feet of rooftop space at the Anchor Shops and Garage, located at 1550
Collins Avenue, for a period of nine (9) years and three hundred sixty-four(364) days, commencing
on October 31, 2025 and expiring on October 29, 2035; further, authorize the Executive Director to
finalize the Lease Agreement; and further, authorize the Executive Director and Secretary to execute
the fnal negotiated Lease Agreement.
PASSED and ADOPTED this d3 day of JU I�Y 2025.
�
ATTEST�
.lUi L 5 LU(5 G���_
Rafael E./anado, Secretary Steven Meiner, Chair
�Q��e��c,,,
:F: �..
- �� 1 i
; iINi00.' OA41E0: F
�t
�',?'�. 3k :�a -
, :
,,,y..
"RCH,2�.^_
APPROVED AS TO
FOR LANGUAGE
O EXECUTION
-r/ s/�as
Redevelopmentqgency pa�y
Generol Counsel�1�
V
Redevelopment Agency Items (RDA) 3
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Chair and Board of Directors
FROM: Eric Carpenter, Execulive Director
DATE: July 23, 2025 10:02 a.m. Public Hearing
TITLE: A RESOLUTION OF THE CHAIR AND BOARD OF DIRECTORS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATION OF THE CITY'S FINANCE AND ECONOMIC RESILIENCY
COMMITTEE (FERC); FURTHER, APPROVING, IN SUBSTANTIAL FORM, A NEW
ROOFTOP LEASE AGREEMENT BETWEEN THE RDA (LANDLORD) AND
CROWN CASTLE FIBER, LLG (TENANT), FOR THE INSTALLATION,
OPERATION, AND MAINTENANCE OF WIRELESS COMMUNICATION
EQUIPMENT AT THE ROOFTOP OF THE ANCHOR SHOPS AND GAR4GE
(LEASED PREMISES) FOR A TERM OF NINE (9) YEARS AND 364 DAYS,
COMMENCING ON OCTOBER 31, 2025 AND EXPIRING ON OCTOBER 29, 2035;
FURTHER, AUTHORIZING THE EXECUTIVE DIRECTOR TO FINALIZE THE
LEASE AGREEMENT; AND FURTHER, AUTHORIZING THE EXECUTIVE
DIRECTOR AND SECRETARY TO EXECUTE THE FINAL NEGOTIATED LEASE
AGREEMENT.
RECOMMENDATION
The Adminisiration recommends that [he Chair and Board of Direc[ors of the Miami Beach
Redevelopment Agency approve the execution of the Rooftop Lease Agreemen[ with Crown
Castle Fiber, LLC. for the installation, operation, and maintenance of wireless communication
equipment at the Anchor Shops and Garage.
BACKGROUNDIHISTORY
The Miami Beach Redevelopment Agency (RDA) owns key properties �hat support the City's
growing demand for enhanced telecommunications infrastructure. Among Ihese, lhe Anchor
Shops and Garage is a strategically located property that serves as an ideal site for expanding
wireless communications.
To further this initiative, the RDA has engaged Crown Castle Fiber, LLC. as a tenant under a
Rooftop Lease Agreement, attached herefo as Exhibit B, at the Anchor Shops and Garage. This
agreement facilitales the installation, operetion, and maintenance of wireless communication
equipmenl, bolstering nelwork connectivity in the area.
Crown Castle Fiber, LLC. formally submitted a Letter of Renewal Request on February 20, 2025.
atlached hereto as Exhibit A, outlining its intent to invest in�he City's wireless infrastructure. The
lease aligns with the Ciry's strategic goals of increasing connectivity while ensuring stable and
gmwing revenue streams, containing [he below basic terms and conditions of lhe proposal:
Lessor. Miami Beach Redevelopment Agency (RDA)
TenanC Crown Castle Fiber, LLC.
1710 of ll91
Location: 1550 Collins Avenue, Miami Beach, Florida
Leased Premises: 3,630 square feet on the rooftop of the Anchor Shops parking
garage.
Lease Duration: 9 years and 364 days starting on October 31, 2025 and expiring
on October 29, 2035.
Rent: $7,13974 per month, payable on the is[of each month.
Rent Escalation: Increases 3% annually.
Additional Rent: If the tenant adds more customers to the leased premises, rent
increases proportionally.
Security Deposit: $24.000. Refundable within 30 days of lease termination, provided
the tenant is not in defaWt.
Permitted Use: Operalion, maintenance, and removal of wireless communicalion
equipment. Additionally, non-exclusive access to telephone
distribution systems and conduits.
Utilities 8 Maintenance: Tenant is responsible for equipment installation,
maintenance, and ulilities. Lessor is responsible for building
maintenance, including the roof.
Access 8 Entry TenanL 2417 access bul must notify Lessor i( entering outside normal
business hours. Lessor may enter for inspections, repairs, or
emergencies but must give reasonable notice.
Assignments 8 Requires Lessofs approval, except for transfers to
Subleases: affiliated companies or successors.
Insurance & Tenant must maintain general liability, property, and
Indemnifcation: worker's wmpensation insurance. Both parties waive rights to
subrogation claims against each other.
Default d Termination: The cure Period�. 30 days for monetary defaults, 60 days for non-
monetary de(aults.
Termination Rights� Either party can terminate after 36 months
with 180 days' notice. Termination is also possible for material
breach, condemnation, or destmclion of the Leased Premises.
Hazardous Materials: Tenanl cannot store or release hazardous materials and must
comply with environmental laws.
As wntained in the above terms,the 8ase Rental Rate is$1.97 per square foot,wilh three percent
(3%) annual increases. The schedule of Base Rent due over the initial term is illustrated in the
following chart:
1711 of 1791
Squan Feer 7,tl0
l+se R�M: f I.Ltl.71
MnmUncr�aac 7X
P$F Monthly Mnual
YSl[ �?34 p�aS 1i3i95^� Base R�n1
l S 197 $ ].139.�d 5 85.6]688
2 S 2.03 5 1.35J.9J S Be.Zd].l9
3 S 2.09 S 7.57d.55 S 90.89d.60
d S I.IS 4 7.801.79 S 93.621 d6
5 S I.Ti S B4O35.Bd ! %,.iJ0.03
6 S 2.28 S 8276.94 S 99.371.99
7 S 7.35 S 8,545.2I S 104,907.68
8 S 2.di S 8780.98 S 105,J71.76
9 S 2d9 f 9.OdA 41 S 108,534.91
S 870.d00.52
ANA�YSIS
The proposed Rooftop Lease Agreement is designed to secure a structured revenue stream while
supporting the City's tligital inirastrucWre initiatives. The agreement includes a base renl of
$7,13974 per month, equating to $85,676.88 annually, with a 3% annual escalation. Over the full
lease term, the agreement is projected to generate approximately $870,400.52 in base rent,
excluding potential addilional renf from new camer partnerships.
Additionally, the agreement indudes earty terminaGon rights, granting flexibility to the City while
ensuring the tenant bears all costs related to equipment relocation. This strategic initiative
promotes modemized telecommunications infrastructure, enhancing connectivity for businesses,
residents, and visitors while maintaining fnancial sustainability.
FISCA! IMPACT STA7EMENT
NIA
Does this Ordinance reouire a Business Imoact EStimate?
(FOR ORDINANCES ONLY)
If applica6le, the Business Impact Estimate (BIE) was published on:
See BIE at: htlpsJ/wwwmiamibeachfl.qovlcitY-halllcity-clerk/meetinq-no[ices/
PINANCIAL INFORMATION
CONCWSION
ll12 of ll91
The Atlministration recommends that the Chair antl Board of Directors o( the Miami Beach
Redevelopment Agency (RDA) hereby accept the recommendation o! the City's Finance and
Economic Resiliency Committee and approve, in substantial form, a Rooftop Lease Agreement
6efween the RDA (Landlord) and Crown Castle Fiber, LLC. (Tenant), for use of approzimately
3,630 square feet of rooRop space at the Anchor Shops and Garage, located at 1550 Collins
Avenue, tor a period o(nine (9) years antl three huntlred sixty-four (364) days, commencing on
Odober 31, 2025 and expiring on October 29, 2035; further, authorize the Executive Director(o
finalize the Lease Agreemenk and further, authorize the Ezecutive Director and Secretary to
execute the final negotiated Lease Agreement.
Aooficabie Area
South Beach
Is this a "Residents Riqhl to Know" item, Is this item related to a G.O. Bond
pursuant to CiN Code Section 2-177 Proiect?
No No
Was this Aqenda Item initialiv reauested bv a lobbvist which, as definetl in Code Sec. 2d81,
includes a orincioal enaaaed in lobbvina?
If so, specify the name of lobbyist(s)and principal(s):
Deoartment
Facilities and Fleet Management
Soonsor(sl
Co-soonsorlsl
Condensed Title
10�.02 a.m. PH, New Lease for Crown Castle Fiber, �LC at Anchor Shops & Garage. FF
Previous Action (For CiN Clerk Use Onlv1
1713 of ll91
� CROWN •leunearleno
`� /�A Cr�C CLe�t Serv¢es ManaBBr Tel (]dbl 552-]995
\.r/1J 1 G Lrewn U�Ib n...io.eepvoW+oacna :a*
P000 Co�pora�e Drrve
CenonsDurg, PA 15]11
Fcbruary 2Q 2025
Attn: City of Miami Bcach
Facilities and Fleet Management
1833 Bay Rd
2nd Floor
Miami Beach, Florida 33139
Sen[ Via Ovemight Mail
Re: Na[ice of lntent to Extend Leose
RooJtop Lease Agreement
1550 Collins Avenue. Miami Beaeh, FL 33139
� To Whom It May Concem:
Please accept this letter as wntten notification Iha[Crown Cas'tle is writing to formally reyuest an
extcnsion of thc Rooftop and ,4nchor Garage Hub Lcue da[ed November 1, 2015, for the sitc
locared at 1550 Collins Avenue, Miami Beach, FL 33139. The current lease te'm is ret to expire
on Ocrober 31, 2025, and we would likc to discuss an extensio�.
Please advise of any additional infortnation or formal amendments that are required to facilitate
this extensioa Crown Castle remains committed to maintaining a productive and mutually
beneficial celationship a�d app�eciates the opportunity to continue utilizing the pcemises for
telecommunications operations.
Sincerely,
�i� �Ht�y
AlexanderJones
Client Services Manager
alcs-ioncs acrowncasticcom
Phone: 346/ 552-7995
1714 of 1791
LANDLORD: Miami Beach Redevelopment Agency,
a public body corporate and politic
1700 Convention Center Drive
Miami Beach. Florida 33139
TENANT: Crown Castle Fiber, LLC.
2000 Corporate Drive
Canonsburg, PA 15317
DATE OF EXECUTION:
ANCHOR GARAGE AT SOUTH BEACH RETAIL LEASE
1715 of 1791
ROOFTOPLEASEAGREEMENT
This ROOFTOP LEASE AGREEMENi(this "AgreemenP'j is entered into and eRecNve as
of the dare of the last signature below (the "Effective Date"), by and between the MIAMI BEACH
REDEVELOPMENT AGENCY (RDA), a Florida redevelopment agency created untler chapter
163, Fbrida Statutes, ("Lessor"), and CROWN CASTLE FIBER, LLQ ("TenanY'), a New York
limitetl liability company, authorized to do business in the State of Florida.
RECITALS
WHEREAS, Lessor owns or leases the Property known as 1550 Collins Avenue, Miami
Beach Fiorida (as hereinafter defined); and
WHEREA$ Tenant wishes to use antl occupy certain portans of the Property for the
installation, location, operetion, maintenance, repair, upgrade, and removal of Equipment (as
hereina8er defined); and
WHEREA$ the parties wish to enter into an agreement in which Lessor will grant to
Tenant a non— exclusive right to lease the Property for wireless communications services as
defined at section 104-3, of the City of Miami Beach's Code of Ordinances wifh the right to install,
bcale, operate, and maintain Equipment(as hereinafter defned)on ihe Property.
NOW, THEREFORE, lhis Agreement is entered into between the Lessor and Tenant, in
and for the consideration of ten ddFars ($70.00), antl the rents and mutual covenants contained
in this Agreement, the receipt and legal suffciency of which is acknowledged by both parties.
1. Recitals. The recitals above are incorporated herein and made a material part of ihis
Agreemen�.
2. Definitions. The following terms as used in this Agreement are defined as foffows:
"Approvals" means all certiFicates, permits, licenses and other approvafs Ihat are
required by law for TenanYs intended use of the Leased Premises.
"Building" means the builtling known as the parking garage locatetl on the Property, all
of which is owned or controlled by Lessor, and portions of which are Leased by Lessor to
Tenant pursuant to this Agreement.
"Commencement Date" means October 31, 2025.
"EquipmenP' means wireless communiwtions facilities. as defned at Section 104-3 of the
City of Miami Beach Code of Ordinances antl Section 337.401(3) of the Florida Statules,
including antennas, equipment, equipment, equipment, generators, transmission lines,
1716 of P91
transmitters cables, struc[ures, equipmeot shelters o�cabinets, meter boards, utililies and
related improvements.
"Hazardous Material" means any substance which is (i) designated, defined, classifed
or regulated as a hazardous substance, hazardous malerial, hazardous waste, pollutant
or contaminant under any Environmental Law, as currently in eHect or as hereafler
amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any frection
thereof and all petroleum products, (iii) PCBs, (iv) leatl, (v) asbestos, (vi) flamma6le
ezplosives, (vii) infectious materials, (viii) radioacfive materials; radon gas, asbestos in
any form which is Or could become friable, urea formaldehyde foam insulalion,
trensformers or other equipment which contain dielectric fluid containing levels of
polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever
are more stringenk (c)any substance, gas, mffienal or chemical which is or may hereafter
be defnetl as or included in the definitbn of "hazardous substances," "haiardous
materials;"'hazardous wastes," "polWtants or contaminants," "solid wastes," or words of
similar import under any applicable governmental laws, rules, and regulations to be known
as "Environmentai Laws.'� Environmental Laws" includes, bu� is nol limited to, the
Comprehensive Environmental Response, Compensation and Liability Act, as amended,
42 U.S.C. § 9061 et seq.; Ihe Tozic Substances Control Act, 15 U.&C. Sections 2601. et
seq., the Hazardous Materials hansporl2fion Act, 49 U.S.C. 5I Ot,et seq.;the Hazardous
Materials Transportation Act, as amended, 49 U.S.C. § 180 I, et seq.; the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. § 690 I, et seq; the Federal
Water Pollution Control AU, as amendetl, 33 U.S.C. § 1251, et seq.; and Florida Stalutes,
Chapters 376 and 403; and (d) any other chemical, materiai, gas, or substance, the
exposure to or release of which is regulated by any governmentai or quasi-governmental
entity having junsdiciion over the operations thereon, as said laws have been
suppiemented or amended to date,the regulations promulgated pursuant to said laws and
any other federal, state or(ocal law, staNte, rule, regulafion or ordinance which regulates
or proscribes the use, storage, disposal, presence, clean-up, Iransportation or release or
threetenetl release into[he environment of Hazardous Material.
"Lease Term" means a period of nine (9) years and three hundred and sixty-four (364)
days following lhe Commencement Date of this Agreement.
"Leased Premises" means that portion of the rooRop of the Building located on the
Property wilh the adtlress of 1550 Collins Avenue, Miami Beach, Florida, consisting of
approximately 3,630 square feet of space on the roo(top of the building, as defned in
Exhibit 8. The Leased Premises shall include non-excWsive access to Ihe Building's
ezisting lelephone distribution systems and facilities as well as vertical and horizontal
risers and conduits in the Building for the limited purposes of installing electrical power for
the Equipment and connecting the Equipment to fiber optic cable at the Builtling's
demarca�ion point.
1717 of 1791
"Property"means the parcel of property that includes the Building located al 1550 Collins
Avenue, Miami Beach, Flonda, as is more particularly tlescribed or depicted in Exhi6it A,
which exhibit is aKached and incorporeted by re(erence into this Agreement.
"Permitted Use"means the installation, location, operetion, maintenance, repair, replace
and removal of Equipment by Tenant.
"RenP' means an amount equal to $7,13974 (Seven Thousand One Hundred Thirty Nine
Dollars and Seventy Four Cents)to be paid by Tenant to Lessor on or before [he first tlay
of each month during the Lease Term.
3. Leased Premisea Survev. Eftective as ot the COmmencement Date, Lessor leases to
Tenant the Leased Premises as described in Ezhibit B,which exhibit is ariached and incorporated
by re(erence into this AgreemenL Tenant shall be entitled lo the exclusive use the Leased
Premises for the Permitted Use. Tenant acknowledges and agrees that it is accepting possession
of�he Leased Premises in as-is condition.
4. Rent 7enant shall pay to Lessor the Rent commencing on the Commencement Date All
Rent or other payments tlue hereunder shall be paitl to Me MIAMI BEACH REDEVELOPMENT
AGENCY(RDA)at the following address: City of Miami Beach, Fi�ance Department, Go Revenue
Supervisor. 1700 Convention Center Drive, Miami Beach, Florida 33139.
5. Escalation of Rent. The Lessor shall be entitletl to an escalation in Rent under Ihe
following circumstances:
(a} Upon each anniversary of the Commencement Date and throughout the Lease
Tenn, the Renl shall be increased by three percent (3%) of the Rent due the prior
year.
(b) Tenant currently allows three (3) customers to occupy space at the Leased
Premises. For each customer Tenant adds to the Leased Premises, Lessor shali
be entitled to a pro-rata increase in Rent based upon the num6er of ezisting
Providers antl additional provitlers ( new customers are the numerator, and the
existing customers would be the denominator].
6. Rent Past Due. If any payment due from Tenant shall be overdue more than ten ( 10)
calendar days, a late char9e of five percent(5%)of the delinquent sum may be charged by Lessor.
If any payment due from Tenant shall remain overdue for more than lhirty (30) calendar days, an
additional late charge in an amount equal to the lesser of the highest rete permitted by law or one
and one-half percent ( I 1l2%) per month eighteen percen� ( 18%) per annum) of the tlelinquent
amount may be charged by Lessor, such charge to be compu[ed for the entire period for which
the amount is overdue and which shall be in addition to and not in lieu of the five percent (5%)
late Charge or any other remedy available to Lessor. Tenant shall pay Lessor interest on unpaid
annual payments at the rate of one percent {1%)per month until the payment is made.
1718 of 1791
7. Sewritv Deposit. Lessor acknowledges receipt of a security deposit in the amount of
$24,000, and such security deposit shall nol constitu[e a license or lease fee, [o be held by Lessor,
without any liability for interest thereon, as security for fhe performance by Tenant of al! its
obligations under this AgreemenL Lessor shall be entitled to commingle lhe securiry deposit with
Lessor's o�her funtls. If Tenant defaults in any of ils obiigations untler this Agreement, Lessor may
at its option, but without prejudice to any other rights which Lessor may have, apply all or paA of
the security deposit to compensale Lessor for any loss, damage, or expense sustained by Lessor
as a result of such defaWl If all or any part of the security deposit is so applied, Tenant shall
promptly restore the security tleposit to its original amount on demand of Lessor. Subject fo the
provisions of this Section, within thirty (30)calendar days following termination of this Agreement,
i( Tenant is not then in default, the securiry deposit will be retumed by Lessor to TenanL The
security deposit shall be refundable, without interest, to Tenant upon tertnination of this
Agreement, provided �he Lessor suflers no damages, sef oHs, a bst Rent prior to termination of
thisAgreement.
8. Expansion of Leased Premises, Any ariempt by the Tenant to expand the scope of Ihe
Leased Premises must be requested in writing to the Lessor, shall be subject to the prior written
approval of Lessor, which approvai if give� at all shall be at Lessor's sole option and discrelion,
and if so approved, an addendum to this Agreement will be entered inro antl executetl by the
parties, reflecting any new terms and leasehold payments by TenanL The terms shall be
negotiated at that time and any eapansion shall be contingent upon the successful negotia[ion of
fhose tercns. Howeve�, any such aclion by Tenant will ensure that the Lessor's Building, its roof
structure and membrane, walls antl foundation are not damaged by the scope of work for the
ezpansion o(the Leased Premises. Tenant shal! be Solely responsible for repairing the Building
due to any damage resulting from TenanCs expansion of the Leased Premises.
9. PermiUed Uses Non-Exclusivity. During the Lease Term, Lessor grants to Tenant the
non-ezclusive right to use the Leased Premises for the Permitted Use. LesSor may lease other
areas of the Building, outside of the Leased Premises.
10. Assipnment. Sublease, and Licensina. Tenant shall not sublease, assign or license all
or a portion of its interest in lhis Agreement without prior nolice and approval by Lessor, which
approval shall not be unreasonabty delayed or denied. Tenant shall provide all relevant fnancial
information relating to Ihe proposed sub-lessee, licensee, or assignee and all insurence in
compliance with this Agreement Upon approval of an assignment of this entire Agreement by ihe
Lessor, Tenant shail be relieved from any further liability or obligation under this Agreement.
Notwithstanding the toregoing, Ihe transfer ot Ihe rights antl obligations of Tenant to a parent,
subsidiary, or other affiliate of Tenant or to any successor in inlerest or enlity acquiring fifly-one
percent {51°/) or more of TenanPs stock or assets (collectively "Exempted Transfers") shall not
be deemed an assignment for the purposes of this Agreement and therefore shall not require the
consent of the Lessor, provided that Tenant reasonably demonstrates to the Lessor's lawfully
empowered designee the following criteria(collectively the"Ezempled Transfer Criteria"): (a)such
lransferee will have a fmancial strength after the proposed transfer at leasl equal to that of Tenant
immediately prior to the transfer, (b) any such transferee assumes all of Tenanfs obligations
1719 of 1791
hereunder; and (c) the ezperience and technicaf qualifications of the proposed transferee, erlher
alone or together with TenanYs management team in ihe provision of telecommunications or
similar services, evidences an ability to operate the EquipmenULeased Premises Tenant shall
give at least thirty (30) calendar days' prior written notice (the "Exempted Transfer Notice")to the
Lessor o! any such proposed Eaemptetl Transfer and shall set forih with specificity in such
Exempted Transfer Notice lhe reasons why Tenant believeS the Exempted Transfer Criteria have
been satisfed. The Lessor Commission shall have a period oF thiRy (30) calendar days (the
�•Exempted Transfer Evaluation Period")irom the date that Tenant gives the Lessor its Exemp[ed
Transfer Notice to object in writing to the adequacy of the evitlence contained �herein.
Notwithstanding the foregoing, the Exempted Trensfer Evaluation Period shall not be deemed ro
have commenced until the Lessor has received from Tenant any and all additional information the
Lessor may reasonably require in connection with its evaluation of the Exempted Transfer Criteria
as set forth in the Exempted Transfer Notice, so long as the Lessor give Tenant notice in wriling
of the additional information the Lessor requires wRh fifteen (15)calentlar days after the Lessor's
receipt of the original Exempted Transfer Notice. If the Lessor Commission fails to act upon
TenanPs Exempted Transfer Notice within the Exempted Transfer EvaluaUon Periotl (as[he same
may 6e extended in accordance with the foregoing provisions), such (aiNre shall be deemed an
affirmation by the Lessor that Tenant has in fact esfablished compliance wkh Ihe Exempted
Trans(er Criteria to the Lessor's satisfaction. Tenant has the further right to pledge or encumber
its interest in this Agreement Upon reques! to Lessor from any leasehold mortgagee, Lessor
agrees to give the holder of such leasehold mortgage written notice of any default by Tenant and
an opportunity to cure any such default wi�hin fifteen (75) calendat days after such notice with
respect to monetary defaults and within thirty(30)calendar days after such notice with respect[o
any non-monetary default.
11. Access. Lessor granls 7enant and atl of its respective employees, agents, guests and
contractors the non-exclusive right oT ingress and egress to the Leased Premises, inclutlfng
access over, upon, through and across the comrtron areas, elevafors, stairways, and driveways
of lhe Building and ihe Property seven (7) days a week, twenty- four (24) hours a day, for the
instaliation, main�enance and operation IN the Equipment However, if Tenant plans to access the
property outside of normal business hours (normal business hours are Monday to Fritlay from
8a.m. to Sp.m.}, Tenant shall notify the Lessor with at least 24 hours prior notfce in writing, unless
the need to enter the Leased Premises is an emergency, which if not immediately atldressed
could cause property dama9e, loss of life or limb, or other injury to persons.
12. Lessor's Riqht of Entrv. The Lessor, or its authorized agent or agents, shall have the
righf to enfer upon the Leased Premises al all reasonable times for Ihe purpose of inspecdng
same, preventing waste, making such repairs as lhe Lessor may consider necessary and for the
purpose of preventing fre, theft or vandalism. However, Ihe Lessor agrees that whenever
possible. [he Lessor shall provide reasonable notice, in writing,to Tenant, unless the neetl to enter
the Leased Premises is an emergency, as deemed by the Lessor at its sole discretion, which if
not immediateiy addressed could cause property damage, loss of life or limb, or other injury to
persons.Additionally. Lessor shall not touch any of the Equipment if Lessor accesses the Leased
Premises, unless necessary as an emergency, as defined herein. Nothing herein shall imply any
1720 of 1791
duty on the part of ihe Lessor to do any work that under any provisions o� lhis Agreemenf the
Tenant may be required to perform, and the performance thereof by the Lessor shall not constitute
a waiver of the TenanPs tle(aWt. It the Tenant shall not be personally present to permit entry onto
the Leased Premises in the event of an emergency as described above, the Lessor, or its agents,
may enter the Leased Premises. inciuding, without limilation, forcibty entering fhe Leased
Premises, without rendering the Lessor or such agents liable for damage caused by �he forcible
entry.
13. Installation and Maintenance.
(a) Exhibit B inclutles specifcations of the Leased Premises ("TenanPs Plans"). If the
Tenant wishes to replace, remove, or upgrade any existing systems, they must
submit a written request for Lessor's approval, which approval shall not be
unreasonably withheld, conditioned or delayed. Tenant shall apply for all required
permits and zoning approvals necessary for the Permitted Use,as may be required
by the City of Miami Beach, and compiy with the condition oT said zoning approvals
or permits. Said zoning approvals and permits are required and may not be waived.
In fhe event Lessor dces not provide to Tenant a written request for modifications
to TenanPs Plans within thirty (30) business days ot its receipt of TenanYs Plans,
then Tenant's Plans sball be deemed approved by Lessor.
(b) Tenant shall manage all engineering services, including iotermodulation studies
and all site engineering and construUioo necessary to install, operate and maintain
Equipment on the Leased Premises. The paRies acknowledge that in order to
connect areas of the Leased Piemises that are needed [o make the Equipment
operalional, Tenant shall have the right to install contluit, sleeves and cables
connecting such bcations and Equipment, all as more fully described in Exhibit
B.
(c) Tenant or its agents shatl install, construct and maintain their Equipment on the
Leased Premises at no co5t to the Lessor.
(d) Tenant shall, at its expense, keep and maintain the Equipment located on the
LeaSed Premises in gootl. saFe, antl clean order tluring Ihe Lease Term. TenanPs
alterations to the Leased Premises are to be pertormed in a workmanlike manner.
In compliance with Section 712.10, Florida Statutes, Tenant covenants that no
mechanics', laborers' or materialmen's liens are to be recorded against the
Property. Tenant shall promptly pay for all materials supplietl and work done in
respect of the Leased Premises by, though, or under Tenant so as to ensure Ihat
no lien is recorded against any portion of the Leased Premises, Property,or against
Lessor's or TenanPs interest therein. If a lien is so recorded.Tenant shall discharge
it promptly by payment or bonding. If any such lien against the Leased Premises,
Property or Lessor's interest therein is recorded and not dischargetl by Tenant as
above required within ffleen ( 15) calendar tlays following written notice to Tenant,
1721 of 1791
Lessor shaH have the rght to remove such lien by bonding or payment and the
cosl thereof shall be paid immediately from Tenant to Lessor. Lessor antl Tenant
expressty agree and acknowledge that no interest of Lessor in the Leased
Premises or Property shall be subject to any lien for improvements made by Tenanl
in or tor the Leased Premises, and Lessor shall not be (iable for any lien for any
improvements made by Tenant, such liabiliry being expressty prohibitetl by the
terms of this AgreemenL In accordance with applicable laws otthe State of Florida,
Lessor has filed in the public rewrds of Dade County, Florida, a public no�ice
containing a true and correct copy of this paragraph, and Tenant hereby agrees to
inform all contradors and malenal suppliers performing work in or for or supplying
materials to the Leased Premises o(the existence of said notice. A breach of this
provision may expose Tenant to liability for damages for, among other claims,
slander of title. In the event that Lessor prevails against Tenant on any claim for
equi[able relief or tlamages, Tenant shall be liable to Lessor (or it reasonable
attomey's fees and costs. Tenatd shall require all subtenants, agents, assigns,
contractors, and subconhactors to be placed on notice of this covenant and to
affirm that they are prohibifed from recording liens against Lessor's Property.
(e) All installations and operations in connection with this Agreement shall comply with
all federel, state, and local laws, codes and regulations Lessor assumes no
responsibility for the licensing, ope2tion or maintenance of the Equipment.
(� Lessor shall be responsible for fhe slructural maintenance of the Building
("Building Work"). As the Tenanfs facJities are installed upon ihe roof of the
Building, there may come a time that repairs are needed for the roof, or roof
replacement may be required. Tenant shall be responsible for all costs associated
wRh temporary or permanent relowtion of the Equipment during the periotl the roof
is being repaired or replaced. The Building and Property are adjacent lo ihe ocean,
and in an area exposed [o the elements and potential hurricane antl tropical stortn
events.As suCh,the parties agree and recognize that rooFwork to the Building may
be required, and providetl this Agreement is not terminated pursuant to provision
3t(C), Tenant shall be solely responsible for the temporary refocation o( its
Equipment during the repair or replacemenL The Lessor shall not be responsible
for the TenanPs loss of signal, transmission, or services due to the replacement or
repair of(he roof.Tenant acknowledges that a material inducement in entering into
this Agreement is TenanPs acceptance of this wndition. Tenant agrees to
reasonably cooperate with Lessor to facilitate any Building Work, provitled
however, to the extent practicable, the Building Work should minimize the effects
to Tenanfs Equipment, and include suggestions as to the most cost-eftec[ive
measures to minimize disruption to TenanPs Equipment Lessor agrees to provide
at least ninety (90) calendar tlays' notice to Tenant of its intention to perform
Building Work: except in the case Of emergenCy Building Work in which case
Lessor shall give as much notice as possible under the circumstances.
1722 of 1791
(g) Lessor shali be solely responsible for ensuring that the Building is operated in
compliance with all applicable fetleral, s�ate, and local laws, codes and regulations
(the"8uilding Regulations"j. Tenant may give Lessor wntten notice o(its faiture to
comply with said Building Regulations. In the event Lessor tails to correct said
violation(s)of the Building Regulations within thirty(30)calendar days upon receipt
of said notice, Tenant shall be en[itled, but not obligated, to cause such work to be
done as is necessary to make the Leased Premises (and the Equipment located
thereon)comply with such Building Regulalions, and deduct[he cos� of such work
from future Rent otherwise due and payable by Tenant as set forth under this
Agreement.
(h) Tenant, and its employees, agents or invitees, shall take reasonable measures not
to tlamage any porlion ot the Building.Tenant shall be responsible for any damage
lo the Building or Property caused during installation or repair of the Equipment
onto the Leased Premises. Tenant shall have no duty to reimburse Lessor for any
expense associated with the normal wear and tear on Me roof, or any other
expense nol reasonably related to TenanPs use and occupancy of the Leased
Premises.
(i) Tenant shall use only licensed contrac(ors and subcontractors approved in writing
by Lessor to complete the consWction antl installation of TenanPs work, which
approval shall not be unreasonably withheld or delayed at the Leased Premises.
74. Personal ProcertvfRemovallRestoration. AI! improvements, Equipment or other
property attached to or otherwise brought onto fhe Leasetl Premises shall, at all times, remain
the personal property of 7enant and, at TenanPs option, may be removed by Tenant at any time
during the Lease Term, provided, however, the Equipment shall be removed within thirly (30)
calentlar days after the termination or expiralion of this Agreement. Lessor waives any and all
righls it may have, includirg any rights it may have in its capacity as Lessor under this Agreement
to assert any liens, encumbrances or adverse claims, statutory or otherwise, related to or in
connection with ihe Equipment or a portion thereoL Tenant, in its sole tliscretion may remove the
Equipment or any portion of the Equipment at any time during the Lease Term of the Agreement,
provided reasonabte notice is provided to the lessor, and provided a payment and performance
bond is provided to lhe lessor. �o secure the repairs to the Builtling or Property, if applicable.
Tenant will be responsible tor the replacement of any trees, shrubs or other vegetation tlamaged
during the removal process Tenant will not be required to remove from the Leased Premises or
the Property any foundation or underground ulilities.
15. Utilities. Lessor shall not be responsible for any expense associatetl with the installation,
maintenance or operation of any Equipmenl installed on the Leased Premises by Tenant. With
respect to the use of eledric utilities. Tenant shall tlirectly contract with the local electric utiliry
company servicing the Building and have such utility company install, at Ihe sole cost and expense
o( Tenant, separate metering devices to measure the usage attributable to Tenanfs use of the
Leased Premises, and Tenant shall pay the elecVic utility company directly for such usage.
1723 of 1791
16. Indemnifica6on. Tenant shall indemnify, tlefend and hold harmless Lessor, its oBicials
agents, employees. and volunteers from and against any and ali liability, suits, actions, damages,
costs, losses and expenses, including reasonable attorney's fees, demands and claims (or
personal injury, bodily injury, sickness, tliseases or death or damage or des[ruction of �angible
property or loss of use resulting therefrom (collectively, "Claims"), arising out of any errors,
omissions, misconduct or negligent acts of Tenant, its officials, agents, employees or
subcontractors in ihe performance of thisAgreement,ezcept to the extent such Claims are caused
by the intentional misconduct or negligent acts or omissions of Lessor, its o�cials, agents,
employees or subcontractors.
17. Waiver of Claims and Riahts of Subroaation. The parties hereby waive any and all
rights o( action for negligence against the other on account of damage to the Property or to the
Leased Premises resulting from any fire or other casualty of the kind covered by property
insurance policies with extended coverege, regardless of whether or not or in what amount, such
insurance is carried by the parties.All policies of property insurance carried by either party for the
Equipment, Property or the Leased Premises shall inGude a clause or endorsement denying to
the insurer rights by way of subrogation against the other party to lhe eztent rights have been
waived by the insured before the occurtence of injury or loss.
78. Taaes and Assessments. Lessor shaA pay aA rea7 estate taxes on (he Property. 7enant
agrees fo reimburse Lessor for any documented increase in personal property taxes levied
against the Leased Premises that are directly attnbutable to TenanYs use of the l.eased Premises.
Lessor agrees to provide Tenant any tlocumenfation evidencing the increase and how such
increase is attributable to 7enanYs use of the Leased Premises. 7enant reserves the right to
challenge any such assessment, and Lessor a9rees to cooperate with Tenant in connection with
any such challenge. Tenant shall pay all personal, intangible. sales or use taxes associated with
the installed Equipment on the Leased Premises.
19. Insurance.
(a) Wiihin ten (10) calendar days after fhe date hereof, Tenant shall provide to Lessor
certificates of insurance evidencing tha[ Tenant has the required commercial
general liability insurance required of Tenant under the Agreement.
(b) In addition, Tenant shall provide to Lessor certifcates of insurance evidencing Ihat
TenanPs general contractor has in eRect(and shall maintain at all times tluring the
course of the work hereunder) workers' compensation insuranCe to cover full
liability under workers' compensation laws of ihe State of Florida with employers'
liability coverage; comprehensive general liabili[y insurance for the hazards of
operations, independent contractors, products and completed operations (for two
(2) years after ihe date of acCepta�ce of the work by Lessor and Tenant); and
contractual liability specifcally covering the indemnifcalion provision in the
1724 of 1791
construction contract, such comprehensive general liability to inclutle Woad form
property damage and afford coverage for explosion, collapse and underground
hazards, and "personal injury" liability insurance and ao endorsement providirtg
that the insurance aflordeq under the contractors policy is primary insurance as
respects Lessor and Tenant and that any other insurence maintainetl by Lessor or
Tenant is excess and non-conlributing with the insurance required hereunder,
provided that such insurance may be written through primary or umbrelia insurance
policies with a minimum policy limit of$1,000,000.00. Lessor and Tenant are to be
included as an additional insured for insurance coverages required of the general
contractor.
(y TenanCs Insurence. Tenant shall, Nroughout the Lease Term (and any
other period when Tenant is in possession of the Leased Premises),
maintain al its sole cost the following insurance:
(i) All risks property insurance, containing a waiver of subrogation
rights which Tena�Ps insurers may have against Lessor and against
ihose for whom Lessor is in law responsiWe including, without
limitation, its directors, officers, agents, and employees. Such
insurence shall insure property of every kind owned by Tenant in an
amount not less lhan lhe full replacement cost thereof (new), wi[h
such cost to be atljusled no less than annually.
(ii) Commerc�al general liability insurance. Such policy shall contain
inGusive limits per occuvence of not less than $1,000,000�, provide
for severability of interests; and include as additional insureds
Lessor and its affiliales and any mortgagee of Lessor, and any
mortgagee of Lessor in connection with a mortgage on the Facility.
(iii) Worker's compensation and employeYs liability insurance in
compliance with appiicable legal requirements.
(iv) Any other form of insurance which Tenant or lessor, acling
reasonably, requires from time to time in form, in amounts, and for
risks against which a prudent tenant would insure, but in any event
not less ihan that carried by comparabfe wireless communica6ons
facililies in Florida.
(V) All policies referred to above shall: (A) be taken ouf witn insurers
licensed to do business in Fbrida and reasonably acceptable to
Lessor, (B) be in a form reasonably satislactory to Lessor, (C) be
non-Contributing with, and shall apply only as primary and not as
excess to any other insurance available to Lessor or any mortgagee
of Lessor, and (D) contain an undertaking 6y the inSurers to notify
lessor no� less than thirty (30) calendar days prior to any,
cancellation, ezcep[ for non-payment of premium. Certifcates of
insurance or, if required by a mortgagee, copies of such insurance
policies certifed by an authorized offcer of Tenant's insurer as
being complete and current, shall be available for review to Lessor
1725 of 1791
promptly upon request, at the TenanPs p7ace of business. It 7enant
fails to take out or to keep in force any insurance referretl to in this
section, or should any such insurance not be approved by either
Lessor or any mortgagee, and Tenant does not wmmence and
continue lo diiigently cure such de/ault within�ve (5) business days
aker written notice by Lessor to Tenant specifying lhe nature of such
default, lhen Lessor has Ihe right, without assuming any obfigation
in connection therewith, to effect such insurance at the sole cost of
Tenant and all outlays by Lessor shall be paid by Tenant to Lessor
as additional rent without prejudice lo any other rights or remedies
of Lessor under this Agreement. Tenant shall not keep or use in the
Leased Premises any article which may be prohibitetl by any fre or
casualty insurance policy in force from time to time covering the
Leased Premises.
The Tenanl shall furnish the Certificates of Insurance to the lessor prior to conmencing any
operations under this Agreement, which certificates shall Gearly indicate that the Tenant has
obtained insurance, in the type, amount and classifwtions, in strict compliance wilh this Section.
20. Hazardous Material
(a) TenanPs OWigation and Indemntly. Tenant shall not (either wi�h or without
negligence) cause or permil the escape, disposal or release of any Hazardous
Matenal on or from the Leased Premises in any manner prohibi[ed by law.
(bj If Tenan( or its empfoyees, agents, or contractors shall ever violate the provisions
of subsection (a), above, then Tenant shall clean up. remove, and dispose of the
Hazardous Matenal causing the vioiation, in compliance with all applicable
govemmental standards, laws, rules, and regulations and repair any damage to
the Leased Premises or Properry within such period of time as may be reasonable
under the circumstances after written notice by Lessor, provided that such work
shall commence not la�er fhan thirty (30) calendar days Bom such notice and be
diligently and continuously carried lo complelion by Tenant or Tenant's designated
conhaclors. TOnaM shall notify Lessor of i[s method, time, and procedure for any
clean up or removal of Hazardous Materials under this provision�, and Lessor shall
have the right to require reasonable changes in such methotl, lime, or procedure
or to require the same to be done after normal business hours if reasonabty
required for the protection of other tenants or occupanfs of the Building or Property.
(c) Unless such claims or damages are ihe result of Lessor's negligence, Tenant
agrees to defen4 indemnify, and hold harmless Lessor, against any and all claims,
costs, expenses, damages, judgments. penalties, cosls, liabiliry, losses, and the
like (including aoy and all sums paid for settlement of claims, attomeys' fees, and
consWtants' and experts' fees), which Lessor may hereaker be liable for, sufler,
1726 of ll91
incur, or pay ansing untler any applicable environmental laws, rules, and
regulations antl resulting from Or arising out of any 6reach of the covenants
contained in this Section 21, or oul of any act, activity, or violation of any applicable
environmental laws, rules, and regulations on ihe part of Tenant, its agents,
employees, or assigns. Tenant's liability under this Section 21 shall survive the
expiration or any termination of this Agreement.
(d) Lessor's Obligation. Lessor shall not (either with or without negligence) cause or
permit ihe escape, disposal or release of any Hazardous Material on or from the
Property or the Leased Premises in any manner prohibited by law.
21. Interterence with TenanYs Business. Tenant shall have the non-excWsive right to
consVud, instali and operate Equipment that emi[ radio frequencies on the Property. Lessor
agrees that it will not permit the constructioq installation or ope2tion on ihe Property of any
equipment or device that directly interferes with the Permitted Use.
22. Default.
(a) Nolice of DefaWt, Cure Period. In [he event thal there is a default by Lessor or
Tenant(the"Defaulting Party")with respect to any of[he material provisions of this
Agreement or Lessor's or TenanCs obligations under Ihis Agreement, the other
party (the "Non-DefaWting Party") sball give the Defaulting Party wrAten notice of
such defaufl. A$er receipt of such wri@en notice, the Defaulling Party shall have
thirty (30) calendar days in which to cure any monetary default and s�cty (60)
calendar days in which to cure any non-monetary defaulL The Defaulting Party
shall have such extended periods as may be required beyond the sixty (6D)
calentlar day cure period to cure any non-monetary defaWt if the nature of the cure
is suc�that it reasona6ly requires more than sixty(60)caiendar days to cure, and
Defaulting Party commences the cure within the sixty(60)calendar day period and
thereafter continuously and diligently pursues [he cure to wmpletion. The Non-
Defaulting Party may not maintain any action or effect any remedies for defaWt
against ihe Defaulting Party unless antl until(he De(aulting Party has failetl to cure
ihe same within the time periods provitled in this Section.
(b) Consequences of TenanPs Default In ihe event Ihat Tenant is in defaWt beyond
the applicable periods set forth above, Lessor may, at its option, upon wdtten
notice: (i)terminale this Agreement providetl that �essor has been materially and
substantially harmed by such default; (ii)take any actions that are consistent with
Lessor's rights�, or (iii) sue for injunctive relief, sue(or specific performance, or sue
for damages. In no event shall Tenant be liable to Lessor for consequential.
indirect, speculative or punitive damages in connection with or arising out of any
tlefauli.
ll27 of 1791
(c) Consequences of Lessor'S DefaWt In the event lhat Lessor is in defaWt beyond
the applicable periods set forth above, Tenant may, at its option, upon written
notice: O terminate this Agreement, vacate the Leased Premises and be relieved
6om all further obligations contained herein�, (ii) perform the obligation(s)of Lessor
specified in such notice, in which case any expenditures made by Tenant in so
doing shall be deemed paid fOr the account of Lessor and Lessor agrees to
reimburse Tenant for said expenditures upon demand; (iii) take any actlons that
are consistent with TenanCs rights; or (iv) sue for injunctive relief, sue for specific
performance, sue for damages, or set-off from Rent any amount expended by
Tenant as a result of such defaWt [n no event shall Lessor be liable to Tenant for
wnsequential, indirect, speculative or punitive tlamages in connection with or
arising out of any default.
23. Termina[ion: Effect of Terminalion.
(a) After Ihirty-six (36) monihs from the eHective date of this Agreemen� either party
may terminate this Agreement for convenience(without cause) upon one-hundred
and eighty(180)calendar days' prior wntlen notice by either party.
(b) Effect of Terminatioa Upon termination by either party, tbis Agreement shall
become null and void anE neither party shall have any further rights or duties
hereunder, except ihai: (i) any monies owed by eilher party to Ihe other up to the
date ot terminalion shall be paid within thirty (30) calendar days of the termination
date;(ii)any defaults[hat occuRed pnor to the tertnination date shall be cured; and
(iii)any provision hereof which, by its nature, is intended to survive Ihe termination
of thisAgreement shall w survive.
(c) Either party may terminate this Agreement prior to the expiration of the Lease Term
(i)on account of a material breach of lhis Agreement by the other parry, which has
not been cured within ihirty (30) calendar days from the date of receipt of written
notice of such breach from the party seeking termination; (ii) on account of any
condemnalion of the Leased Premises by any govemmental authority; (iii} on
account of any substantial damage, destruction or other casually that renders the
Leased Premises temporarily or permanently unsuitable for TenanPs use�, and, or
(iv) transfer of ownership of the Leased Premises to a third party.
(d) Termination shall be eHective (i) as of the end of the nolice period in the case of
any uncured material breach; (ii)as of the date of transfer of ti(le in the case ot any
such condemnation; and (iii) as of the date of occurrence in lhe case of any such
substantial damage, destruction or other casualty.
(e) Tenant may terminate this Agreement prior �o the expiration ot the Lease Term
upon �ot less than sixry (60) day's prior written notice [o ihe Lessor in the event
Ihat (i)Tenant is unable to use the Leased Premises in the manner anticipated by
ll28 of 1791
Tenant at[he time the Agreement was executed; (ii)Tenartt is unable to ob(ain any
certifcate, license, permit, aulhority or approval trom any govemmental authority
necessary for installing, removing, replacing, maintaining and, or operating the
equipment and, or using the Leased Premises in the manner anticipated by Tenant
a� the time the Agreement was executed; and, or(iii)any such certificate, ficense,
permit,authority or approval previously issued or given is canceled,expires, lapses
or is otherwise withdrawn or ferminated by such govemmental aufhority.
(� Lessor shall have no liability to the Tenant for future profits or losses in the evenl
of termination under this Section 24.
(g) The rights and remedies of Lessor antl Tenant provided in IhiS provision shall not
be exclusive and are in addition to any other rights and remedies providetl by law
or under this Agreement All righ[s and remedies shall be cumulative and non-
ezdusive of each othec No delay or omission by Lessor or Tenant in exerdsing a
right or remedy shall exhaust or impair the same or constitute a waiver of, or
acquiescence to a default.
24. CasualN and Condemnation.
(a) In case of damage to the Building by fre or olt�er casualty, Lessor shall, at its
expense, cause lhe damage to be repaired to a condition as nearly as practicable
to that existing prior to lhe damage with reasonable speed and diligence. If the
Leased Premises is not useaWe fw any reason, Rent under this Agreement shall
be abated from the date of Ihe occurrence of such damage or destruction until the
�eased Premises can again be used for 7enanl's intended purposes. In the event
Ne damage is so eMensive that Lessor decides, in its reasonable discretion, nol
to repair or rebuild the Building, this Agreement shall be terminated as of the da�e
of such casualty, and the Rent (faking into account any abalement as aforesaid)
shall be adjusted to the lermination date and Tenant shall thereupon promptty
vacate lhe Leased Premises.
(b) Ii all or Substantially all of the Property or Ihe Leased Premises shall be taken in
the exerci5e of Ne power of eminent domain by any govemmental or other
authority, or by deetl in lieu of condemnatioq then either party may terminate this
Agreement by provitling written notice to Lessor within thirty (30) calendar days of
such condemnation or eminen� domain action,which termination shall be efiective
as of ihe date of the vesting of title in such taking and any prepaid Rent shall be
apportioned as of said date and reimbursed to tenanL Lessor and Tenant shall
each be entitled to pursue their own separate award with respect to such taking.
In the event of any taking of less than all or substantially all ot the Property or
. Leased Premises, this Agreement shall wn[inue and each, Lessor antl Tenant,
shall be entit�ed to pursue their own separete awards with respect to such taking.
1729 of 1791
25. Surrender of[he Propertv. Upon the ezpiration or eady termination of this Agreement,
Tenant shall, within thirty (30) calendar days, remove its Equipment and restore the Leased
Premises to its originaf condition, reasonable wear and tear ezcepted. Lessor and Tenant agree
and acknowledge that all of the Equipment is and shall remain the personal property of the Tenant.
Subject to TenanPs performance o(its obligations hereunder, Tenant shall have the right to remove
the same. whether or not said items are considered fixtures and attachmenis to real property
under applicable law.
26. Quiet Eniovment. Title. and Authoritv.
a. Lessor covenants and warrants that (i) it has the authority to execute this
Agreement and has the power to grant ihe rights hereunder, (ii) it has title to the
Leased Premises free and clear of any liens, mortgages, restrictions or other
encumbrances that will interfere with the Permitted Uses of the Leased Premises;
(iii) its execution and pertormance of this Agreement will nol violate any laws,
ortlinances, covenants, or the provisions of any mortgage, license or other Lease
binding on Lessor, and (iv)Tenant shall have the quiet enjoyment for ihe purposes
as defned in this Agreement of the Leased Premises, and Tenant shall not be
disturbed as to those uses as long as Tenanl is not in defaWt beyond any applicable
grace or cure periotl.
b. To the Lessors knowledge, the Building is properly permitted, and is in compliance
with all applicable laws, including all zoning, occupational antl permitting laws and
requirements. AI! such property, including rmprovements, related heating,
electrical, plumbing and other builtling equipment (i) have been antl will be
maintained by Lessorin acwrdance with normal industry practice; (ii)are and shall
remain in working order atlequate for normal operations�, (iii) are and will remain in
good opereting contlition and repair(subject to normal wear artd tear); and (iv)are
and will remain suitable for the purposes for which ihey are presently used.
c. Lessor covenants and agrees that Lessor shall, at all times during the Lease Term,
maintain in good, sound, and substantial repair and condition, the Building upon
which the Leased Premises is situated.
27. Sale of the ProceM. If lessor sells all or part of [he Property of which the Leased
Premises is a part, then suCh sale shall be under and subject [o this Agreement and TenanPs
rights hereunder. Any sale or transfer of real property which is now or may in the (uture be
subdivided or othervvise separate from the Property and over which Tenant has the right of access
or utility connections to the Leasetl Premises will be subject to TenanCs rights hereundec Lessor
will notify Tenant of any sale or iransfer and will cause Ihe transferee to execute any document(s)
(in form acceptable to Tenant)reasonably required by Tenant to memorialize TenanCs rights under
this Agreement, and to ensure proper notice and payment of Ren[ro such transferee Each party
agrees upon writlen request of the other to promptly ezewte such trulhful estoppels. non-
1730 of ll91
disWrbance and/or attomment agreements as may be necessary in fhe event of any sale or
transfer of Ihe Property.
28. Successors antl Assiqns. The terms of this Agreement shall constitute a cOvenant
running with ihe Property tor the benefit of Tenant and its successors and assigns antl shaH eztend
to and bind ihe heirs, personal representatives, successors and assigns of the parties hereto and
upon each person having any interest therein derived Ihrough any owner thereof.
29. Mortoaaes. This Agreement shall be subordina[e to any mortgage given by Lessor wfiich
currently encumbers the Leased Premises, providetl that any mortgagee shall recognize the
validity of this Agreement in the even� of foreclosure. In the event that the Leased Premises is or
shall be encumbered by such a moAgage, Lessor shail obtain and fumish to Tenant a non-
tlisWrbance agreement for each such mortqage, in recordable form.
30. Title Insurance. Tenant, at TenanPs opNon, may obtain title insurance on the Leased
Premises. Lessor shall cooperate with Tenanfs efforts to oblain title insurance by executing
tlocuments or obtaining requested tlocumentation as required by the title insurance company.
31. Lessor's Waiver. Lessor hereby waives and releases any and all liens, whether StaNtory
or under common law, with respect to any of Lessor's personal property now or hereafter located
on the Leased Premises.
32. Sovereian ImmuniN. Maximum Liability. Waiver ot Certain Damages and Attomeys
Fees.
(a) Lessor dces not waive sovereign immunity under 76828, Florida Statutes, for any
claim /or breach of conVact or for an award of prejudgment irtterest provided,
however, that in any action ansing out of or to enforce�his contract, the prevailing
party shall be entitled to its reasonable attorney's fees and costs. Section 76828,
Fbrida Statutes provides that lhe Lessor shall not be liable to pay a claim or a
judgment by any one person which exceeds the sum of$200,000 or any claim or
judgment or portions ihereof, which when totaled with all other claims or judgment
arising out of the same incident or occurrence, exceeds the sum of$300,000.
(b) In any p�oCeetling against Lessor its maximum liability to 7enant shail not exceed
its annual payment to Tenant for the year in which the liabilily arose. Lessor shall
not be liable to Tenant for damages, penal6es or expenses in excess of its annual
payment to the Tenant for Ihe year in which the liabiliry arose.
(c) Nothing contained herein shall be construed or interpreted as denying to either
party any remedy or defense available to such party under�he laws of the State of
Florida or federal law. Tenant and Lessor each waives any claims that each may
have against the oiher with respect to wnsequentiaL incidental, punitive or special
damages, however caused, based on any iheory of liabillty.
ll31 of 1791
33. Recordina. 7enant shali have the right to record a memorandum of Lease with [he
appropriate recording officer. Lessor shall execute and tleliver such a memorandum, for no
additional consideration, promptly upon TenanYs reqoest.
34. Entire Aqreement Governina Law: Time. This Agreement and the Exhibits, if any,
attached hereto are incorporated herein and set forih the enlire agreement belween Lessor and
Tenant conceming the subject matter of [his Agreement, and there are no other agreements or
understandings between them. This Agreement and its Exhibits may not be modifed except by
agreement in writing ezecutetl by Lessor and Tenant. In the event of any conflict, the terms of this
Agreemen�will govern over the provisions of any documents referenced hereto.
35. No Partnership. The parties hereby acknowledge that it is not [heir intenlion under�his
Agreement ro create behveen themselves a partnership, joint venWre, tenancy in common, joint
tenancy, co ownership, or agency relationship. Accortlingly, notwithstanding any expressions or
provisions wntained herein, nothing in this Agreement, whether based on the calculation of rental
or otherwise, shall be conshued or deemed lo create, or to express an intent to create, a
partnership,joint venture, tenancy in common, joint tenancy, co ownership or agency relationship
o�any kind or nature whatsoever behveen the parties hereto. The provisions of this section shall
survive expiration of the Lease Term.
36. Interpretation.Any defined term in this Agreement shall be equally applicable to both lhe
singu�ar and the pluraf form o� the term defined. 7he word "ol' is not ezclusive and shall mean
"andlor" unless indicated otherwise antl Ihe word "including" is not limiting and shall mean
"inGuding, without limihation." References to a Section or E�chibit mean a Section or Exhibit
contained in or attached to this Agreement unless specifcally stated otherwise. The caption
headings and numbering in Ihis Agreement are for convenience and re(erence only and do not
defne, modify, or describe the sCope or intent of any of ihe terms of this AgreemenL This
Agreement sfiall be interyreted and enforced in accordance wifh its provisions and without Ihe aid
of any cuslom or rule of law requiring or suggesting construction against the party drafting or
causing the drafting of the provisions in question.
37. Notices a�M Contractina Reoresentatives. All notices hereunder shall be in writing and
shali be given by (a) established national courier service which maintains delivery records; (b)
hand delivery; or(c)certified or registeretl mail, postage prepaid, remm receipt requested. Notices
are effective upon receipt, w upon attempted delivery if delivery is refused or if delivery is
impossible because oF (ailure to provitle reasonable means for accomplishing delivery. The
notices shall be sent to Lessor and Tenant at the addresses below. Any such notice or other
instruments shall be deemetl to have been given and received on the day upon which personal
delivery is made or, if mailed, then forty-eight(48)hours tollowing the tlate of mailing. Either party
may give notice to the o[her of any change of adtlress and after the giving of such notice, the
address therein specified is tleemed to be the address of such party for the giving of notices. It
postal service is interrupted or substan�ially tlelayed, all notices or other instruments shall be
delivered in person or by ovemight express mail courier. For the purposes of this Agreement, the
1732 of 1791
contracting represenlatives are as follows and notice shall be provided to the persons listed
below:
Tenant:
Crown Castle Fiber, LLC
Go General Counsel
2000 Corporate Drive
Canonsburg, PA 15317
Attn: Legal - Venues
Landlord:
Miami Beach Redevelopment Agency
1700 Convention Center Drive Fourth Floor
Miami Beach, Florida 33139
Attn:Asset Management Division
With a copy tu:
Ciry of Miami Beach
Miami Beach RedevelopmentAgency
1700 Convention Center Drive Fourth Floo�
Miami Beach, Fbrida 33139
Attn: legal Department
Recortl Retention. Tenant shall comply with Me State of Florida public record retention
requiremenls and shall maintain a wpy of all documents reFlecting services renderetl to ihe
Lessor for three (3) years after the termination of this Agreement, antl final payment has been
made, and alf other pending matters are closed. Porther, Tenant shall provide access to the
lessor, or any of Lessor's duly au�honzed representatives, to any books,documents, papers, and
rewrds which are directly pertinent fo this Agreement for the purpose of making audit,
examination, excerpts and lranscriptions. However, Tenant shall not be obligated to provide to
lessor any third-party agreements which Tenant has entered into with other parties, ezcept to the
extent necessary to verify the numher of tenants occupying Ihe Leasetl Premises, which in such
case, Tenanl shall only 6e obligated to fumish the cover and signawre pages, as well as that
portion of the agreement peAaining to dates of tenancy.
38. Aoolicable Law. Jurisdiction. Venue. This Agreement shall be construed in accordance
with the laws of Miami-Dade County, and lhe State of Florida, regardless of conFlict of law
principles. Venue shall be in Miami- Dade County.
39. Trial Bv Jurv. LESSOR AND TENANT EACN HEREBY WAIVES ITS RIGFiT TO A JURY
TRJAL OF ANY ISSUE OR CONTROVERSY ARJSING UNDER THIS AGREEMENT.
ll33 of 1791
40. Partial InvalidiN. Should any section or any part of any seciion of this Agreement be
rendered void, invalid or unenforceable by any court of law, for any reason, such a tletermination
shall not render void, invalid or unenforceable any other section or part of any section o( this
Agreement.
41. IRS Form W-9. Lessor agrees to provide Tenant with a completed IRS Form W-9, or its
equivalent, upon execution ot this Agreement and at such other times as may be reasonabiy
requested by TenanL In the event the Property is transferred, the succeeding Lessor shall have
a duty at the time ot such transfer �o provide Tenant with a comple�ed IRS Form W-9, or ils
equivalent, and o�her related paperwork to affect a transfer in Renl �o the new Lessoc Lessor's
failure to provide the IRS Form W-9 within thirty (30) calendar days aRer TenanCs request shall
be considered a default and Tenant may take any reasonable action necessary to comply with
[RS regu�ations including withholding applicable taxes from Rent payments.
42. 7enant's Compliance With Anti-Human Tra�ckinn Laws.Tenant agrees to comply with
Section 787.06, Florida S�atutes, as may be amended from time to time, and has executed the
Certifcation of Compliance with Anti-Human TralFcking Laws, as required by Section 787.06(13),
Fbrida Statutes, a copy o�which is attached hereto as Exhibit C.
43. Prohibition on Contractinq wHh a Business enpaoinq in a BoYcott. Tenant warrants
and represents that it is not currently engaged in, and will not engage in, a boycott, as defned in
Section 2375 of the C'rty Code. In accordance with Section 2-375.t(2)(a)ot the Ciiy Code, Tenant
hereby certifes that Tenant is not curren8y engaged in and agrees for the duration of the
Agreement to not engage in, a boycott of Israel.
44. PROHIBITION AGAiNST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE
ACCESSED f NOTE: ONLY INCLUDE IF APPLiCA8LE1 Tenant hereby agrees to comply with
Section 28�.138. Roritla Statutes. as may be amended from time to time, which states that as
of January 1, 2024. a govemmental entity may not accept a bid on, a proposal for, or a repry to,
or enter into, a contract with an entity which would grant the entiry access to an individual's
personal identifying information (PII), unless the entity provides the governmental entity with an
andavit signetl by an officer or represenlative of the entity under penalty of perjury attesting that
the entity does not meef any of Ihe criteria in Pa�agraphs 2(a)-(c) of Section 287.138, Florida
Statutes�. (a) the entity is owned by a govemment of a foreign country of concem; (b) the
govemment of a foreign country of concem has a controlling interesl in(he entity; or(c)lhe entity
is organized under the laws of or has its principal place of business in a foreign country of
concem (each a"Prohibited Entity'). A foreign country of Concern is def ned in Sec[ion 287.138
(i)(y, Fbrida Statutes, as may be amended from time to time, as the People's Republic of
China, Ihe Russian Federation, the Islamic Republic of Iran, Ihe Democratic People's Republic
of Korea, tbe Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or�he Syrian Arab
Republic, including any agency of or any other entity of signifcant control of such foreign country
of concem.Addtionally, beginning July 7, 2025, a governmental entity may not extend or renew
a contract with a Prohibited En�ity. Tenant warrants and represents that it does not fall within
ll34 of 1791
the definition of a Prohibited Entity, and as such, has caused an authorized representative of
Tenant lo execute the "Prohibition Aqainst Contracting wilh Entities of Foreign CounUies of
Concern A�tlavit", incorporated herein by reference and attached hereto as Exhibit D.
45. PROHIBITION ON CONTRACTING WITH AN INDIVIOUAL Oft ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED
OFFICE. Tenant warrants and represents that. wilhin two (2)years prior to the ERective Date,
Tenant has not received compensation for services performed for a candidate for City elected
office, as contemplated by the prohibitions and exceptions of Section 2379 0(the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2
379 of the City Code shall not applv to the following:
(a) Any individual or entiry that provides goods to a candidate for o�ce.
(b) Any individual or enlity Ihat provides services to a candidale for office if �hose same
services are regularly pertormed by lhe individual or enGry in tfie ordinary course of
business for clients or customers other than candidates for offce. This includes, without
limilation, banks, telephone or rnternet service providers, printing canpanies. evenl
venues, restaurants, caterers, Vansportation providers, and o�ce supply vendors.
(c) Any indivitlual or entity which performs licensed professional services (including for
example, legal or accounting services.
""'SIGNATURE PAGE TO FOLLOW"""
1735 ot 1791
IN WITNESS WHEREOF, Lessor and Tenant having read the foregoing and intending to
be legally bound hereby, have executed this Agreement as of the Effective Date.
LESSOR: MIAMIBEACH REDEVELOPMENT
AGENCY (RDA)
Witness Print Name: Eric T. Carpenter
Print Tille: Execu6ve Direclof
Date:
Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that on this day, before me, an offcer duly authwized in lhe State
aforesaid antl in the County aforesaid to t2ke acknowledgments, the foregoing instrument was
acknowledged before me by Jimmy Moreles, as Executive Director ot MIAM BEACH
REDEVELOPMENT AGENCY (RDA), who is personally known lo me.
W ITNESS my hand and offcial seal in the Counry and State last aforesaid this_day
of 2025.
My Commission Expires:
Notary Public, State of Fbrida
1736 of 1791
TENANT: Gown Castle Fiber, LLC
A New York limited liability
Witness Print Name: Eric T. Carpenter
Print Title: Execufive Director
Date:
Witness
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY tha� on this day, befae me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged betora me by Jimmy Morales, as 6cewtive Director of MIAM BEACH
REDEVELOPMENTAGENCV (RDA), who is personally known to me.
WITNESS my hand and officia! seal in the County and State lasf a(oresaid fhis_ day
of 2025.
My Commission Expires:
No[ary Public. State of Fbrida
1737 of 1791
EXFIIBIT A
y .I I. —. .�._ ,
y' s �. _—_ . _ — .—_ — � .. —
/ r y
� ,�..�..� �
, � � "�_ —�-- - - - - - _ i_ =_��,1 � i:
� T� 1
; � '��,.<..w,�._ � ;;
� ..�� �.
, :
I � � ' �
� �..�.� , y
�� � • V �,�..� M.,a. p
i, ( - - - - - - - - - - - - � J,
�' — �ro�� '� (
�,w � _ ��
I� � �-__� � _ ;
Np11M
1 SITE PLAN � u...�.�»'> � �F�. `
AWSV•�(i �VN�tYLfMK �O M W�'
^�O�KY Y[PF�D w ♦ �O 'Q ' '✓ '.
[M'NW OM[ qu[n �pp� rr,{I.p'rn
�IX�C.m Ait Vle1�M` '1�ISi w r
av�.o.�w �.»'s.+n��iww.w�mv amP�.` r r va
�an.i¢mYmy +c.�. e� o v�c�.n`c+.r�wn��a w e.ex•,
RK. ro Mt Y �q[rtl��q��X i.v1wO�
'�w V r Lil V -1 ow CAI:tr' t RR� f� � � •0/
� IIIIy rRA y r� !N/KT Yl�l.. �✓R�YI �A�Q � 1 Q 41� 'LL: q� 14n 9 V w
• . �J}CWy COf�.[ O f Sd1M�I{��u!K[ �
�. V6[ �+(4K tl WO!AM �V N! In�
M�O� .IWi111Yq <(FIW �Y.1� tlp' f
w�.l.a ar ��v nn. �e . m:. � uux:
Iq([ +MM e}' i! fi"Yft �p5��'(( �y Slh
� �Ip. P46 'p N rp�X V[!t YIXe >I pr yy'
T� ���1� N'JIIIN /4f.�O�[+O'�/}11���W��V
Hri�N�� 1 �M� � L iR1 . - V M .N}, '. .c�4T
.,�.o.Y. .�.5 +..,.,��.,
�c�+.— w.����ea.�..� o wr..ak�:.a°..�"�<ro.. ..
1738 of ll91
EXHIBIT B
42'-6' ' Area =
_ �Z�.6• -- � . 3.630 SQFT
�
t' � .
�� Leased
;;., ; �! ` �:.�
' ": ; • :< . . i±: Premises
9: '� —
_ �---� �p — �
, � ; . , _ ` � , � .
13'-6" ::�.. . I , ' .
' I . }�
1 . -" ,.�) :. l � 0 10 p
z � ��..� � _ , � � � Feet
� - • I
v+ . ` L . . ._ . r . �. .
ni 4 . - - - "` 69.
U— - - - - - ' - -r — Y —
z � .
� � � ct � '_. ;�
y�,
o '" _. I t°.;: �i � .'� .
9 l _ � _ �t! ��� � � � -+�� - ` jY- .
� i ` 'Y�r ' ?
� •i ' . .. . , .� .
Trt1 Li— - - - - - - - - - - - - � - - — ,
`-�/ � � ! - - - - - - - - ,
� I � - - .. — — , . . .
' � �
���•, . . . - - - -. _-+ �I�
�: �, . - . . - � ' - "1 ':>:� � �—'-.i 1
l. �`!�:a}.= _ �
^ ' i � S
� '
� i'� fi � �f F� 's � (y ,,.
�� p� � ' . , �� ..
� � �� kf
C �� _ _._ .___ •.l
� - ' � ' I
:3; I � 4' �• S'. " ' '
,� , , s+ ;; . i ,.
_ ' ' � E . ' " �I . '�
1739 of 1791
EXfi1BIT C
ANTI-HUMAN TRAFFICKING AFFIDAVIT
In accordance with Secfion 787.06 (t3), Florida Statutes, the undersigned, on behalf of Tenant
hereby atte5ts under penalty of perjury that Tenant does not use coercion for labor or services as
defned in Section 787.06, Florida Statutes, entitled "Human TraRcking".
I understantl tha� I am swearing or affirming under oath to Ihe Irulhfulness of the claims made in
this andavit and thal the punishment for knowinqly making a talse statement includes Flnes and/or
imprisonment.
The undersigned is authorized to execute this affdavi� on 6ehalf of Tenan[.
TENANT:
, a corporation.
NamelTitle: (Address)
State o(
County of
The foregoing instrumenf was acknowledged before me by means of O physical presence or ❑
online notarization, Mis __ day of , 202_ by
, as o(
, a corporadon, known to me to be the
person described herein, or who produced as
identifcation, and who didlditl nol lake an oath.
NOTARY PUBLIC:
(Signature)
(Print Name)
My commission expires�. _
1740 of 1791
EXHIBIT D
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNiRIES OF CONCERN
AFFIDAVIT
In accordance with SeCtion 287.138, Floritla StaWtes, incorporaled herein by reference, the
undersigned, on behalf of Tenant, hereby attests untler penalty of peryury that 7enant does noi
meet any of the following criteria in Paragraphs 2(a)-(c) ot Section 287.138, Florida Statutes: (a)
Tenant is owned by a govemment of a foreign country of concern; (b}the govemmenl o/a foreign
country of concem has a controlling interest in Tenant; or (c) Tenant is organized under the laws
of or has its principal place of business in a toreign country of concern.
I understantl Ihat I am swearing or affrming under oath, under penalties of perjury, to the
truthfulness of the claims matle in this affdavit and that lhe punishment (or knowingly making a
false statement includes fines and/or imprisonment.
The undersigned is authorizetl to execute this affdavit on behalf of Tenant.
TENANT:
, a corporation.
Name/Trtle: (Adtlress)
State of
County of
The foregoing instrument was acknowletlged before me by means of � physical presence or ❑
online notarization, this _ day o( 202_ by
as of
, a corporation, known to me to be the
person described herein, or who produced _ as
identifcation, and who didlditl not take an oath.
NOTARY PUBLIC�.
(Signature)
(Print Name)
My commission expires:
1741 of 1791