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Anchor Garage Rooftop Lease Agreement Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 Y /21- - Z v Zc 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: NOV 0 7 2025 ANCHOR GARAGE ROOFTOP LEASE AGREEMENT Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 ROOFTOP LEASE AGREEMENT This ROOFTOP LEASE AGREEMENT(this"Agreement")is entered into and effective as of the date of the last signature below(the"Effective Date"), by and between the MIAMI BEACH REDEVELOPMENT AGENCY (RDA), a Florida redevelopment agency created under chapter 163, Florida Statutes, ("Landlord"), and CROWN CASTLE FIBER, LLC. ("Tenant"), a New York limited liability company, authorized to do business in the State of Florida. RECITALS WHEREAS, Landlord owns or leases the Property known as 1550 Collins Avenue, Miami Beach Florida (as hereinafter defined): and WHEREAS, Tenant wishes to use and occupy certain portions of the Property for the installation, location, operation, maintenance, repair, upgrade, and removal of Equipment (as hereinafter defined); and WHEREAS, the parties wish to enter into an agreement in which Landlord 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 with the right to install, locate, operate, and maintain Equipment(as hereinafter defined)on the Property and WHEREAS, Tenant acknowledges that Landlord is a redevelopment agency of the City of Miami Beach(the"City")and, as such, certain City required provisions have been included in this Agreement, to which Tenant agrees to comply. NOW, THEREFORE, this Agreement is entered into between the Landlord and Tenant, in and for the consideration of ten dollars ($10.00), and the rents and mutual covenants contained in this Agreement, the receipt and legal sufficiency of which is acknowledged by both parties 1. Recitals. The recitals above are incorporated herein and made a material part of this Agreement 2. Definitions. The following terms as used in this Agreement are defined as follows. "Approvals" means all certificates, permits, licenses and other approvals that are required by law for Tenant's intended use of the Leased Premises. "Building" means the building known as the parking garage located on the Property, all of which is owned or controlled by Landlord,and portions of which are Leased by Landlord to Tenant pursuant to this Agreement 2 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 "Commencement Date" means November 1, 2025. "Equipment"means wireless communications facilities, as defined at Section 104-3 of the City of Miami Beach Code of Ordinances and Section 337.40 1(3)of the Florida Statutes, including antennas, equipment, equipment, equipment, generators, transmission lines, transmitters cables, structures, equipment shelters or cabinets, meter boards, utilities and related improvements "Hazardous Material" means any substance which is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant or contaminant under any Environmental Law, as currently in effect or as hereafter amended or enacted, (ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, (iv) lead, (v) asbestos, (vi) flammable explosives, (vii) infectious materials, (viii) radioactive materials, radon gas, asbestos in any form which is or could become friable, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent, (c) any substance,gas, material or chemical which is or may hereafter be defined as or included in the definition of "hazardous substances," "hazardous materials," "hazardous wastes," "pollutants or contaminants," "solid wastes," or words of similar import under any applicable governmental laws, rules, and regulations to be known as "Environmental Laws.' Environmental Laws" includes, but is not limited to, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. § 9061 et seq.; the Toxic Substances Control Act, 15 U S.C. Sections 2601, et seq.. the Hazardous Materials Transportation Act; 49 U.S.C. 5 101, 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 Act, as amended 33 U S C § 1251, et seq and Florida Statutes, Chapters 376 and 403, and (d) any other chemical, material, gas, or substance, the exposure to or release of which is regulated by any governmental or quasi-governmental entity having jurisdiction over the operations thereon, as said laws have been supplemented or amended to date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use. storage, disposal, presence, clean-up, transportation or release or threatened release into the environment of Hazardous Material. "Lease Term" means a period of nine (9) years and three hundred and sixty-four (364) days following the Commencement Date of this Agreement. "Leased Premises" means that portion of the rooftop of the Building located on the Property with the address of 1550 Collins Avenue, Miami Beach, Florida, consisting of approximately 3,630 square feet of space on the rooftop of the building, as defined in Exhibit B The Leased Premises shall include non-exclusive access to the Building's existing telephone distribution systems and facilities as well as vertical and horizontal 3 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 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 Building's demarcation point "Property"means the parcel of property that includes the Building located at 1550 Collins Avenue, Miami Beach, Florida, as is more particularly described or depicted in Exhibit A, which exhibit is attached and incorporated by reference into this Agreement "Permitted Use" means the installation, location, operation, maintenance, repair, replace and removal of Equipment by Tenant. "Rent"means an amount equal to$7,139.74(Seven Thousand One Hundred Thirty Nine Dollars and Seventy Four Cents) to be paid by Tenant to Landlord on or before the first day of each month during the Lease Term. 3. Leased Premises, Survey. Effective as of the Commencement Date, Landlord leases to Tenant the Leased Premises as described in Exhibit B,which exhibit is attached and incorporated by reference into this Agreement. Tenant shall be entitled to the exclusive use the Leased Premises for the Permitted Use. Tenant acknowledges and agrees that it is accepting possession of the Leased Premises in as-is condition. 4. Rent. Tenant shall pay to Landlord the Rent commencing on the Commencement Date All Rent or other payments due hereunder shall be paid to the MIAMI BEACH REDEVELOPMENT AGENCY(RDA)at the following address: City of Miami Beach, Finance Department. c/o Revenue Supervisor, 1700 Convention Center Drive, Miami Beach, Florida 33139 5. Escalation of Rent The Landlord shall be entitled to an escalation in Rent under the following circumstances. (a) Upon each anniversary of the Commencement Date and throughout the Lease Tenn, the Rent 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, Landlord shall be entitled to a pro-rata increase in Rent based upon the number of existing Providers and additional providers ( 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 charge of five percent (5%) of the delinquent sum may be charged by Landlord. If any payment due from Tenant shall remain overdue for more than thirty(30)calendar days, an additional 'ate charge in an amount equal to the lesser of the highest rate permitted by law or one and one-half percent ( I 1/2%)per month eighteen percent( 18%) per annum)of the delinquent amount may be charged by Landlord,such charge to be computed for the entire period 4 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 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 Landlord.Tenant shall pay Landlord interest on unpaid annual payments at the rate of one percent(1%) per month until the payment is made. 7. Security Deposit. Landlord acknowledges receipt of a security deposit in the amount of $24,000.00, and such security deposit shall not constitute a license or lease fee, to be held by Landlord,without any liability for interest thereon, as security for the performance by Tenant of all its obligations under this Agreement. Landlord shall be entitled to commingle the security deposit with Landlord's other funds. If Tenant defaults in any of its obligations under this Agreement, Landlord may at its option, but without prejudice to any other rights which Landlord may have, apply all or part of the security deposit to compensate Landlord for any loss, damage, or expense sustained by Landlord as a result of such default. If all or any part of the security deposit is so applied, Tenant shall promptly restore the security deposit to its original amount on demand of Landlord. Subject to the provisions of this Section, within thirty (30) calendar days following termination of this Agreement, if Tenant is not then in default, the security deposit will be returned by Landlord to Tenant. The security deposit shall be refundable, without interest, to Tenant upon termination of this Agreement, provided the Landlord suffers no damages, set offs, or lost Rent prior to termination of this Agreement. 8. Expansion of Leased Premises.Any attempt by the Tenant to expand the scope of the Leased Premises must be requested in writing to the Landlord,shall be subject to the prior written approval of Landlord, which approval if given at all shall be at Landlord's sole option and discretion, and if so approved, an addendum to this Agreement will be entered into and executed by the parties, reflecting any new terms and leasehold payments by Tenant. The terms shall be negotiated at that time and any expansion shall be contingent upon the successful negotiation of those terms. However, any such action by Tenant will ensure that the Landlord's Building, its roof structure and membrane, walls and foundation are not damaged by the scope of work for the expansion of the Leased Premises. Tenant shall be solely responsible for repairing the Building due to any damage resulting from Tenant's expansion of the Leased Premises. 9. Permitted Uses,Non-Exclusivity. During the Lease Term, Landlord grants to Tenant the exclusive right to use the Leased Premises for the Permitted Use; however, Landlord reserves the right to lease, or provide the use of, other areas of the Building to other third parties outside of the Leased Premises, even if on the seventh floor of the Building. 10. Assignment, Sublease, and Licensing. Tenant shall not sublease, assign or license all or a portion of its interest in this Agreement without prior notice and approval by Landlord, which approval shall not be unreasonably delayed or denied. Tenant shall provide all relevant financial information relating to the proposed sub-lessee, licensee, or assignee and all insurance in compliance with this Agreement. Upon approval of an assignment of this entire Agreement by the Landlord, Tenant shall be relieved from any further liability or obligation under this Agreement. Notwithstanding the foregoing. the transfer of the rights and obligations of Tenant to a parent. subsidiary, or other affiliate of Tenant or to any successor in interest or entity acquiring fifty-one percent (51%) or more of Tenant's stock or assets (collectively "Exempted Transfers") shall not be deemed an assignment for the purposes of this Agreement and therefore shall not require the 5 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 consent of the Landlord, provided that Tenant reasonably demonstrates to the Landlord's lawfully empowered designee the following criteria(collectively the"Exempted Transfer Criteria"):(a)such transferee will have a financial strength after the proposed transfer at least equal to that of Tenant immediately prior to the transfer; (b) any such transferee assumes all of Tenants obligations hereunder; and (c) the experience and technical qualifications of the proposed transferee, either alone or together with Tenants management team in the provision of telecommunications or similar services, evidences an ability to operate the Equipment/Leased Premises. Tenant shall give at least thirty(30)calendar days' prior written notice(the"Exempted Transfer Notice")to the Landlord of any such proposed Exempted Transfer and shall set forth with specificity in such Exempted Transfer Notice the reasons why Tenant believes the Exempted Transfer Criteria have been satisfied. The Landlord Commission shall have a period of thirty (30) calendar days (the "Exempted Transfer Evaluation Period") from the date that Tenant gives the Landlord its Exempted Transfer Notice to object in writing to the adequacy of the evidence contained therein Notwithstanding the foregoing, the Exempted Transfer Evaluation Period shall not be deemed to have commenced until the Landlord has received from Tenant any and all additional information the Landlord 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 Landlord give Tenant notice in writing of the additional information the Landlord requires with fifteen (15) calendar days after the Landlord's receipt of the original Exempted Transfer Notice. If the Landlord Commission fails to act upon Tenant's Exempted Transfer Notice within the Exempted Transfer Evaluation Period (as the same may be extended in accordance with the foregoing provisions), such failure shall be deemed an affirmation by the Landlord that Tenant has in fact established compliance with the Exempted Transfer Criteria to the Landlord's satisfaction. Tenant has the further right to pledge or encumber its interest in this Agreement. Upon request to Landlord from any leasehold mortgagee, Landlord agrees to give the holder of such leasehold mortgage written notice of any default by Tenant and an opportunity to cure any such default within fifteen (15) calendar days after such notice with respect to monetary defaults and within thirty(30)calendar days after such notice with respect to any non-monetary default 11. Access Landlord grants Tenant and all of its respective employees, agents, guests and contractors the non-exclusive right of ingress and egress to the Leased Premises, including access over, upon, through and across the common areas, elevators, stairways, and driveways of the Building and the Property seven (7) days a week, twenty- four (24) hours a day, for the installation, maintenance and operation of the Equipment. However, if Tenant plans to access the property outside of normal business hours (normal business hours are Monday to Friday from 8a.m to 5p m.), Tenant shall notify the Landlord with at least 24 hours prior notice in writing, unless the need to enter the Leased Premises is an emergency, which if not immediately addressed could cause property damage, loss of life or limb,or other injury to persons. 12. Landlord's Right of Entry. The Landlord, or its authorized agent or agents, shall have the right to enter upon the Leased Premises at all reasonable times for the purpose of inspecting same, preventing waste. making such repairs as the Landlord may consider necessary and for the purpose of preventing fire, theft or vandalism However, the Landlord agrees that whenever possible, the Landlord shall provide reasonable notice. in writing, to Tenant, unless the need to Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 enter the Leased Premises is an emergency, as deemed by the Landlord at its sole discretion, which if not immediately addressed could cause property damage, loss of life or limb, or other injury to persons.Additionally, Landlord shall not touch any of the Equipment if Landlord accesses the Leased Premises, unless necessary as an emergency,as defined herein. Nothing herein shall imply any duty on the part of the Landlord to do any work that under any provisions of this Agreement the Tenant may be required to perform, and the performance thereof by the Landlord shall not constitute a waiver of the Tenant's default If the Tenant shall not be personally present to permit entry onto the Leased Premises in the event of an emergency as described above, the Landlord, or its agents, may enter the Leased Premises, including, without limitation, forcibly entering the Leased Premises, without rendering the Landlord or such agents liable for damage caused by the forcible entry 13. Installation and Maintenance. (a) Exhibit B includes specifications of the Leased Premises("Tenant's Plans"). If the Tenant wishes to replace, remove, or upgrade any existing systems, they must submit a written request for Landlord'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 comply with the condition of said zoning approvals or permits.Said zoning approvals and permits are required and may not be waived In the event Landlord does not provide to Tenant a written request for modifications to Tenant's Plans within thirty (30) business days of its receipt of Tenant's Plans, then Tenant's Plans shall be deemed approved by Landlord. (b) Tenant shall manage all engineering services, including intermodulation studies and all site engineering and construction necessary to install, operate and maintain Equipment on the Leased Premises The parties acknowledge that in order to connect areas of the Leased Premises that are needed to make the Equipment operational, Tenant shall have the right to install conduit, sleeves and cables connecting such locations and Equipment, all as more fully described in Exhibit B (c) Tenant or its agents shall install, construct and maintain their Equipment on the Leased Premises at no cost to the Landlord. (d) Tenant shall, at its expense, keep and maintain the Equipment located on the Leased Premises in good, safe, and clean order during the Lease Term. Tenant's alterations to the Leased Premises are to be performed in a workmanlike manner. In compliance with Section 713.10, 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 supplied and work done in respect of the Leased Premises by, though, or under Tenant so as to ensure that no lien is recorded against any portion of the Leased Premises. Property,or against Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 Landlord's or Tenant's 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 Landlord's interest therein is recorded and not discharged by Tenant as above required within fifteen (15) calendar days following written notice to Tenant, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of Landlord in the Leased Premises or Property shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant: such liability being expressly prohibited by the terms of this Agreement. In accordance with applicable laws of the State of Florida, Landlord has filed in the public records of Dade County, Florida, a public notice containing a true and correct copy of this paragraph, and Tenant hereby agrees to inform all contractors and material suppliers performing work in or for or supplying materials to the Leased Premises of 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 Landlord prevails against Tenant on any claim for equitable relief or damages, Tenant shall be liable to Landlord for it reasonable attorney's fees and costs. Tenant shall require all subtenants, agents, assigns, contractors, and subcontractors to be placed on notice of this covenant and to affirm that they are prohibited from recording liens against Landlord's Property. (e) All installations and operations in connection with this Agreement shall comply with all federal, state, and local laws, codes and regulations. Landlord assumes no responsibility for the licensing, operation or maintenance of the Equipment. (f) Landlord shall be responsible for the structural maintenance of the Building ("Building Work"). As the Tenant's facilities are installed upon the 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 with temporary or permanent relocation of the Equipment during the period the roof is being repaired or replaced.The Building and Property are adjacent to the ocean, and in an area exposed to the elements and potential hurricane and tropical storm events.As such, the parties agree and recognize that roof work to the Building may be required, and provided this Agreement is not terminated pursuant to provision 31(C), Tenant shall be solely responsible for the temporary relocation of its Equipment during the repair or replacement. The Landlord shall not be responsible for the Tenant's loss of signal, transmission, or services due to the replacement or repair of the roof Tenant acknowledges that a material inducement in entering into this Agreement is Tenant's acceptance of this condition Tenant agrees to reasonably cooperate with Landlord to facilitate any Building Work, provided however, to the extent practicable, the Building Work should minimize the effects to Tenant's Equipment. and include suggestions as to the most cost-effective 8 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 measures to minimize disruption to Tenant's Equipment. Landlord agrees to provide at least ninety (90) calendar days' notice to Tenant of its intention to perform Building Work; except in the case of emergency Building Work in which case Landlord shall give as much notice as possible under the circumstances. (g) Landlord shall be solely responsible for ensuring that the Building is operated in compliance with all applicable federal, state, and local laws: codes and regulations (the "Building Regulations"). Tenant may give Landlord written notice of its failure to comply with said Building Regulations. Tenant shall be responsible for ensuring that the Leased Premises complies with all Building Regulations as it relates to Tenant's operations or required as a result of Tenant's operations. (h) Tenant, and its employees, agents or invitees, shall take reasonable measures not to damage any portion of the Building. Tenant shall be responsible for any damage to the Building or Property caused during installation or repair of the Equipment onto the Leased Premises. Tenant shall have no duty to reimburse Landlord for any expense associated with the normal wear and tear on the roof, or any other expense not reasonably related to Tenant's use and occupancy of the Leased Premises. (i} Tenant shall use only licensed contractors and subcontractors approved in writing by Landlord to complete the construction and installation of Tenant's work, which approval shall not be unreasonably withheld or delayed at the Leased Premises. 14. Personal Property/Removal/Restoration All improvements, Equipment or other property attached to or otherwise brought onto the Leased Premises shall, at all times, remain the personal property of Tenant and, at Tenant's option, may be removed by Tenant at any time during the Lease Term, provided, however, the Equipment shall be removed within thirty (30) calendar days after the termination or expiration of this Agreement. Landlord waives any and all rights it may have, including any rights it may have in its capacity as Landlord under this Agreement to assert any liens, encumbrances or adverse claims, statutory or otherwise, related to or in connection with the Equipment or a portion thereof. Tenant, in its sole discretion may remove the Equipment or any portion of the Equipment at any time during the Lease Term of the Agreement, provided reasonable notice is provided to the Landlord, and provided a payment and performance bond is provided to the Landlord, to secure the repairs to the Building or Property, if applicable. Tenant will be responsible for the replacement of any trees, shrubs or other vegetation damaged during the removal process. Tenant will not be required to remove from the Leased Premises or the Property any foundation or underground utilities 15. Utilities Landlord shall not be responsible for any expense associated with the installation, maintenance or operation of any Equipment installed on the Leased Premises by Tenant. With respect to the use of electric utilities, Tenant shall directly contract with the local electric utility company servicing the Building and have such utility company install, at the sole cost and expense of Tenant, separate metering devices to measure the usage attributable to 9 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 Tenant's use of the Leased Premises, and Tenant shall pay the electric utility company directly for such usage 16. Indemnification. Tenant shall indemnify, defend and hold harmless Landlord, its officials agents, employees, and volunteers from and against any and all liability, suits, actions, damages, costs, losses and expenses, including reasonable attorney's fees, demands and claims for personal injury, bodily injury, sickness, diseases or death or damage or destruction of tangible property or loss of use resulting therefrom (collectively, "Claims"), arising out of any errors, omissions, misconduct or negligent acts of Tenant, or Tenant's affiliates, employees, agents. visitors, invitees, licensees, contractors, assignees or subtenants (individually a ''Tenant Party" and collectively, "Tenant Parties") in the performance of this Agreement or arising out of the use of the Leased Premises,except to the extent such Claims are caused by the intentional misconduct or grossly negligent acts or omissions of Landlord, its officials, agents, employees or subcontractors. 17. Waiver of Claims and Rights of Subrogation. The parties hereby waive any and all rights of 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 coverage, 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 include a clause or endorsement denying to the insurer rights by way of subrogation against the other party to the extent rights have been waived by the insured before the occurrence of injury or loss. 18. Taxes and Assessments. Landlord shall pay all real estate taxes on the Property Tenant agrees to reimburse Landlord for any documented increase in ad-valorem real estate taxes levied against the Leased Premises or the Property that are directly attributable to Tenant's use of the Leased Premises. Landlord agrees to provide Tenant any documentation evidencing the increase and how such increase is attributable to Tenant's use of the Leased Premises Tenant reserves the right to challenge any such assessment, and Landlord agrees 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) Within ten (10) calendar days after the date hereof, Tenant shall provide to Landlord certificates of insurance evidencing that Tenant has the required commercial general liability insurance required of Tenant under the Agreement (b) In addition, Tenant shall provide to Landlord certificates of insurance evidencing that Tenant's general contractor has in effect(and shall maintain at all times during the course of the work hereunder) workers'compensation insurance to cover furl liability under workers' compensation laws of the State of Florida with employers' liability coverage comprehensive general liability insurance for the hazards of 10 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 operations, independent contractors, products and completed operations (for two (2) years after the date of acceptance of the work by Landlord and Tenant), and contractual liability specifically covering the indemnification provision in the construction contract, such comprehensive general liability to include broad form property damage and afford coverage for explosion, collapse and underground hazards, and "personal injury" liability insurance and an endorsement providing that the insurance afforded under the contractor's policy is primary insurance as respects Landlord and Tenant and that any other insurance maintained by Landlord or Tenant is excess and non-contributing with the insurance required hereunder, provided that such insurance may be written through primary or umbrella insurance policies with a minimum policy limit of$1,000,000 00. Landlord, the City of Miami Beach and Tenant are to be included as an additional insured for insurance coverages required of the general contractor. (c) Tenant's Insurance. Tenant shall, throughout the Lease Term (and any other period when Tenant is in possession of the Leased Premises), maintain at its sole cost the following insurance (i) All risks property insurance, containing a waiver of subrogation rights which Tenant's insurers may have against Landlord and against those for whom Landlord is in law responsible including, without limitation, its directors, officers, agents, and employees. Such insurance shall insure property of every kind owned by Tenant in an amount not less than the full replacement cost thereof(new), with such cost to be adjusted no less than annually. (ii) Commercial general liability insurance. Such policy shall contain inclusive limits per occurrence of not less than $1,000,000; provide for severability of interests, and include as additional insureds Landlord and the City of Miami Beach and their respective affiliates and any mortgagee of Landlord, and any mortgagee of Landlord in connection with a mortgage on the Property. (iii) Worker's compensation and employer's liability insurance in compliance with applicable legal requirements. (iv) Any other form of insurance which Tenant or Landlord, acting 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 than that carried by comparable wireless communications facilities in Florida (v) All policies referred to above shall (A) be taken out with insurers licensed to do business in Florida and reasonably acceptable to Landlord; (B) be in a form reasonably satisfactory to Landlord; (C) be non-contributing with, and shall apply only as primary and not as excess to ary other insurance available to Landlord or the City of Miami Beach or any mortgagee of Landlord and (D) contain an undertaking by the insurers to notify Landlord and the City of Miami 11 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 Beach not less than thirty (30) calendar days prior to any, cancellation, except for non-payment of premium. Certificates of insurance or, if required by a mortgagee, copies of such insurance policies certified by an authorized officer of Tenant's insurer as being complete and current, shall be available for review to Landlord or the City of Miami Beach promptly upon request, at the Landlord's place of business. If Tenant fails to take out or to keep in force any insurance referred to in this section, or should any such insurance not be approved by either Landlord or the City of Miami Beach, and Tenant does not commence and continue to diligently cure such default within five (5) business days after written notice by Landlord or the City of Miami Beach to Tenant specifying the nature of such default, then Landlord or the City of Miami Beach has the right, without assuming any obligation in connection therewith,to effect such insurance at the sole cost of Tenant and all outlays by Landlord or the City of Miami Beach shall be paid by Tenant to Landlord as additional rent without prejudice to any other rights or remedies of Landlord under this Agreement. Tenant shall not keep or use in the Leased Premises any article which may be prohibited by any fire or casualty insurance policy in force from time to time covering the Leased Premises. The Tenant shall furnish the Certificates of Insurance to the Landlord prior to commencing any operations under this Agreement, which certificates shall clearly indicate that the Tenant has obtained insurance, in the type, amount and classifications, in strict compliance with this Section. 20. Hazardous Material (a) Tenant's Obligation and Indemnity Tenant shall not(either with or without negligence) cause or permit any Tenant Party the escape, disposal or release of any Hazardous Material on or from the Leased Premises or the Property in any manner prohibited by law. (b) If Tenant or any Tenant Party shall ever violate the provisions of subsection(a)above, then Tenant shall clean up, remove, and dispose of the Hazardous Material causing the violation, in compliance with all applicable governmental standards, laws, rules, and regulations and repair any damage to the Leased Premises or Property within such period of time as may be reasonable under the circumstances after written notice by Landlord, provided that such work shall commence not later than thirty (30) calendar days from such notice and be diligently and continuously carried to completion by Tenant or Tenant's designated contractors. Tenant shall notify Landlord of its method, time, and procedure for any clean up or removal of Hazardous Materials under this provision, and Landlord shall have the right to require reasonable changes in such method, time, or procedure or to require the same to be done after normal 12 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 business hours if reasonably required for the protection of other tenants or occupants of the Building or Property. (c) Unless such claims or damages are the result of Landlord's negligence or willful misconduct, Tenant agrees to defend, indemnify, and hold harmless Landlord and the City of Miami Beach, against any and all claims, costs, expenses, damages, judgments, penalties, costs, liability, losses, and the like (including any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees), which Landlord or the City of Miami Beach may hereafter be liable for, suffer, incur, or pay arising under any applicable environmental laws, rules, and regulations resulting from or arising out of any breach of the covenants contained in this Section 20, or out of any act, activity, or violation of any applicable environmental laws, rules, and regulations on the part of Tenant or Tenant Parties.Tenant's liability under this Section 20 shall survive the expiration or any termination of this Agreement. (d) Landlord's Obligation. Landlord shall not (either with or without negligence) cause or permit the escape, disposal or release of any Hazardous Material on or from the Property or the Leased Premises in any manner prohibited by law. 21. Interference with Tenant's Business. Tenant shall have the non-exclusive right to construct, install and operate Equipment that emit radio frequencies on the Leased Premises. Landlord agrees to use commercially reasonable efforts to not permit the construction, installation or operation on the Property of any equipment or device that directly interferes with the Permitted Use on the Leased Premises 22. Default. (a) Notice of Default, Cure Period. In the event that there is a default by Landlord or Tenant(the"Defaulting Party")with respect to any of the material provisions of this Agreement or Landlord's or Tenant's obligations under this Agreement, the other party (the "Non-Defaulting Party") shall give the Defaulting Party written notice of such default. After receipt of such written notice, the Defaulting Party shall have thirty (30) calendar days in which to cure any monetary default and sixty (60) calendar days in which to cure any non-monetary default The Defaulting Party shall have such extended periods as may be required beyond the sixty (60) calendar day cure period to cure any non-monetary default if the nature of the cure is such that it reasonably requires more than sixty (60) calendar days to cure, and Defaulting Party commences the cure within the sixty(60)calendar day period and thereafter continuously and diligently pursues the cure to completion within no later than ninety(90)calendar days from receipt of such written notice to cure The Non- Defaulting Party may not maintain any action or effect any remedies for default against the Defaulting Party unless and until the Defaulting Party has failed to cure the same within the time periods provided it this Section Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 (b) Consequences of Tenant's Default. In the event that Tenant is in default beyond the applicable periods set forth above, Landlord may, at its option, upon written notice: (i)terminate this Agreement provided that Landlord has been materially and substantially harmed by such default; (ii) take any actions that are consistent with Landlord's rights; or (iii) sue for injunctive relief, sue for specific performance, or sue for damages. In no event shall Tenant be liable to Landlord for consequential, indirect, speculative or punitive damages in connection with or arising out of any default. (c) Consequences of Landlord's Default In the event that Landlord is in default beyond the applicable periods set forth above, Tenant may, at its option, upon written notice: (i) terminate this Agreement, vacate the Leased Premises and be relieved from all further obligations contained herein; (ii) (intentionally omitted), (iii) take any actions that are consistent with Tenant's rights: or (iv) sue for damages. In no event shall Landlord be liable to Tenant for damages in an amount in excess of the limits of liability on Landlord and the City, as more particularly set forth in Section 32. (d) in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs. 23. Termination; Effect of Termination. (a) After thirty-six (36) months from the Effective Date of this Agreement either party may terminate this Agreement for convenience(without cause) upon one-hundred and eighty(180)calendar days' prior written notice by either party. (b) Effect of Termination. Upon termination by either party, this Agreement shall become null and void and neither party shall have any further rights or duties hereunder, except that: (i) any monies owed by either party to the other up to the date of termination shall be paid within thirty(30)calendar days of the termination date, (ii)any defaults that occurred prior to the termination date shall be cured,and (iii)any provision hereof which, by its nature, is intended to survive the termination of this Agreement shall so survive. (c) Either party may terminate this Agreement prior to the expiration of the Lease Term (i)on account of a material breach of this Agreement by the other party, which has not been cured within thirty (30) calendar days from the date of receipt of written notice of such breach from the party seeking termination, (ii) on account of any condemnation of the Leased Premises by any governmental authority (iii) on account of any substantial damage, destruction or other casualty that renders the Leased Premises temporarily or permanently unsuitable for Tenant's use; and, or (iv) transfer of ownership of the Leased Premises to a third party 14 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 (d) Termination shall be effective (i) as of the end of the notice period in the case of any uncured material breach; (ii) as of the date of transfer of title in the case of any such condemnation, and (iii) as of the date of occurrence in the case of any such substantial damage, destruction or other casualty. (e) Tenant may terminate this Agreement prior to the expiration of the Lease Term upon not less than sixty(60)day's prior written notice to the Landlord in the event that (i)Tenant is unable to use the Leased Premises in the manner anticipated by Tenant at the time the Agreement was executed, (ii) Tenant is unable to obtain any certificate, license, permit, authority or approval from any governmental authority necessary for installing, removing, replacing, maintaining and, or operating the equipment and,or using the Leased Premises in the manner anticipated by Tenant al the time the Agreement was executed, and, or (iii) any such certificate, license, permit, authority or approval previously issued or given is canceled, expires, lapses or is otherwise withdrawn or terminated by such governmental authority. (f) Landlord shall have no liability to the Tenant for future profits or losses in the event of termination under this Section 23. (g) The rights and remedies of Landlord and Tenant provided in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. All rights and remedies shall be cumulative and non- exclusive of each other. No delay or omission by Landlord or Tenant in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of, or acquiescence to a default. 24. Casualty and Condemnation. (a) In case of damage to the Building by fire or other casualty, Landlord shall, at its expense, cause the damage to be repaired to a condition as nearly as practicable to that existing prior to the damage with reasonable speed and diligence. If the Leased Premises or portion thereof is not useable for any reason, Rent under this Agreement shall be abated proportionate to the loss of use of the Leased Premises from the date of the occurrence of such damage or destruction until the Leased Premises can again be fully used for Tenant's intended purposes. In the event the damage is so extensive that Landlord decides, in its sole discretion, not to repair or rebuild the Building, this Agreement shall be terminated as of the date of such casualty, and the Rent (taking into account any abatement as aforesaid) shall be adjusted to the termination date and Tenant shall thereupon promptly vacate the Leased Premises. (b) If all or substantially all of the Property or the Leased Premises shall be taken in the exercise of the power of eminent domain by any governmental or other 15 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 authority, or by deed in lieu of condemnation, then either party may terminate this Agreement by providing written notice to Landlord within thirty(30)calendar days of such condemnation or eminent domain action, which termination shall be effective as of the date of the vesting of title in such taking and any prepaid Rent shall be apportioned as of said date and reimbursed to tenant.Landlord 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 of the Property or Leased Premises, this Agreement shall continue and each, Landlord and Tenant, shall be entitled to pursue their own separate awards with respect to such taking. 25. Surrender of the Property. Upon the expiration or early termination of this Agreement, Tenant shall, within thirty (30) calendar days; remove its Equipment and restore the Leased Premises to its original condition, reasonable wear and tear excepted Landlord and Tenant agree and acknowledge that all of the Equipment is and shall remain the personal property of the Tenant Subject to Tenant's performance of its obligations hereunder,Tenant shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. 26. Quiet Enjoyment, Title, and Authority. (a) Landlord covenants and warrants that. (i) it has the authority to execute this Agreement and has the power to grant the rights hereunder. (n) 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 performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, license or other Lease binding on Landlord. and (iv) Tenant shall have the quiet enjoyment for the purposes as defined in this Agreement of the Leased Premises, and Tenant shall not be disturbed as to those uses as long as Tenant is not in default beyond any applicable grace or cure period. (b) To the Landlord's knowledge, the Building is properly permitted, and is in compliance with all applicable laws, including all zoning, occupational and permitting laws and requirements. All such property, including improvements, related heating, electrical, plumbing and other building equipment: (i) have been and will be maintained by Landlord in accordance with normal industry practice. (ii) are and shall remain in working order adequate for normal operations. (iii) are and will remain in good operating condition and repair(subject to normal wear and tear) and (iv) are and will remain suitable for the purposes for which they are presently used. 16 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 (c) Landlord covenants and agrees that Landlord 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 Property. If Landlord sells all or part of the Property of which the Leased Premises is a part, then such sale shall be under and subject to this Agreement and Tenant's rights hereunder. Any sale or transfer of real property which is now or may in the future be subdivided or otherwise separate from the Property and over which Tenant has the right of access or utility connections to the Leased Premises will be subject to Tenant's rights hereunder. Landlord will notify Tenant of any sale or transfer and will cause the transferee to execute any document(s) (in form acceptable to Tenant)reasonably required by Tenant to memorialize Tenant's rights under this Agreement, and to ensure proper notice and payment of Rent to such transferee. Each party agrees upon written request of the other to promptly execute such truthful estoppels, non-- disturbance and/or attornment agreements as may be necessary in the event of any sale ui transfer of the Property. 28. Successors and Assigns. The rights and liabilities created by this Agreement extend to and bind the successors and assigns of Landlord and the heirs, executors. administrators, and permitted successors and assigns of Tenant 29. Mortgages. This Agreement shall be subordinate to any mortgage given by Landlord which currently encumbers the Leased Premises provided that any mortgagee shall recognize the validity of this Agreement in the event of foreclosure. In the event that the Leased Premises is or shall be encumbered by such a mortgage, Landlord shall obtain and furnish to Tenant a non- disturbance agreement for each such mortgage, in recordable form. 30. Title Insurance. Tenant, at Tenant's option, may obtain title insurance on the Leased Premises. 31. Landlord's Waiver. Landlord hereby waives and releases any and all liens, whether statutory or under common law,with respect to any of Tenant's personal property now or hereafter located on the Leased Premises. 32. Sovereign Immunity, Limitation of Liability, Waiver of Certain Damages. (a) Landlord's Limitation of Liability for Tort Damages. Nothing contained in this Section 32 or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the Landlord's or the City's liability as set forth in Section 768.28, Florida Statutes,which provides that Landlord or the City shall not be liable to pay a tort claim or a judgment by any one person which exceeds the sum of S200,000 or any claim or judgment or portions thereof,which when totaled with all other claims or judgment arising out of the same incident or occurrence, exceeds the sum of$300,000. Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 (b) Landlord's Limitation of Liability for Contract Damages In any proceeding against Landlord, Landlord's maximum liability to Tenant for damages, penalties or expenses in connection with a breach of contract action under this Agreement shall not exceed the lesser of (i) Tenant's annual payment to Landlord for the year in which the liability arose, or(ii)$100,000.00. (c) Nothing contained herein shall be construed or interpreted as denying to either party any remedy or defense available to such party under the laws of the State of Florida or federal law Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental, punitive or special damages, however caused, based on any theory of liability. 33. Recording. Tenant shall have the right to record a Memorandum of Lease with the appropriate recording officer, subject to the prior approval of Landlord of the form of such Memorandum and execution by Landlord of the approved Memorandum of Lease. 34. Entire Agreement; Governing Law; Time This Agreement and the Exhibits, if any, attached hereto are incorporated herein and set forth the entire agreement between Landlord and Tenant concerning the subject matter of this Agreement, and there are no other agreements or understandings between them. This Agreement and its Exhibits may not be modified except by agreement in writing executed by Landlord and Tenant. In the event of any conflict, the terms of this Agreement will govern over the provisions of any documents referenced hereto. 35. No Partnership. The parties hereby acknowledge that it is not their intention under this Agreement to create between themselves a partnership, joint venture, tenancy in common, joint tenancy, co ownership, or agency relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this Agreement,whether based on the calculation of rental or otherwise, shall be construed or deemed to create, or to express an intent to create, a partnership,joint venture, tenancy in common,joint tenancy, co ownership or agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this section shall survive expiration or termination of the Lease Term. 36. Interpretation.Any defined term in this Agreement shall be equally applicable to both the singular and the plural form of the term defined. The word "or" is not exclusive and shall mean "andior" unless indicated otherwise and the word "including" is not limiting and shall mean "including, without limitation." References to a Section or Exhibit mean a Section or Exhibit contained in or attached to this Agreement unless specifically stated otherwise. The caption headings and numbering in this Agreement are for convenience and reference only and do not define, modify, or describe the scope or intent of any of the terms of this Agreement. This Agreement shall be interpreted and enforced in accordance with its provisions and without the aid of any custom or rule of law requiring or suggesting construction against the party drafting or causing the drafting of the provisions in question. 18 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 37. Notices and Contracting Representatives.All notices hereunder shall be in writing and shall be given by (a) established national courier service which maintains delivery records, (b) hand delivery;or(c)certified or registered mail, postage prepaid, return receipt requested Notices are effective upon receipt, or upon attempted delivery if delivery is refused. The notices shall be sent to Landlord and Tenant at the addresses below. Any such notice or other instruments shall be deemed to have been given and received on the day upon which personal delivery is made. Either party may give notice to the other of any change of address and after the giving of such notice, the address therein specified is deemed to be the address of such party for the giving of notices. if postal service is interrupted or substantially delayed. all notices or other instruments shall be delivered in person or by overnight express mail courier For the purposes of this Agreement, the contracting representatives are as follows and notice shall be provided to the persons listed below: Tenant: Crown Castle Fiber, LLC c/o 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 to: City of Miami Beach Miami Beach Redevelopment Agency 1700 Convention Center Drive Fourth Floor Miami Beach, Florida 33139 Attn• Legal Department 38. Applicable Law,Jurisdiction, Venue. This Agreement shall be construed in accordance with the laws of Miami-Dade County. and the State of Florida. regardless of conflict of law principles. Venue shall be in Miam,- Dade County 39. Trial By Jury. LANDLORD AND TENANT EACH HEREBY WAIVES ITS RIGHT TO A JURY TRJAL OF ANY ISSUE OR CONTROVERSY ARJSING UNDER THIS AGREEMENT. 40. Partial Invalidity Should any section or any part of any section of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such a determination "g Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 shall not render void, invalid or unenforceable any other section or part of any section of this Agreement 41. IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant. In the event the Property is transferred, the succeeding Landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paperwork to affect a transfer in Rent to the new Landlord. Landlord's failure to provide the IRS Form W-9 within thirty (30) calendar days after Tenant's request shall be considered a default and Tenant may take any reasonable action necessary to comply with [RS regulations including withholding applicable taxes from Rent payments. 42 Tenant's Compliance With Anti-Human Trafficking Laws.Tenant agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Certification of Compliance with Anti-Human Trafficking Laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit C. 43. Prohibition on Contracting with a Business engaging in a Boycott Tenant warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a)of the City Code,Tenant hereby certifies that Tenant is not currently 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. Tenant hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into,a contract with an entity which would grant the entity access to an individual's personal identifying information(PII), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity is owned by a government of a foreign country of concern. (b) the government of a foreign country of concern has a controlling interest in the entity: or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern(each a"Prohibited Entity"). A foreign country of concern is defined in Section 287 138 (1)(c), Florida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Tenant warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such. has caused an authorized representative of Tenant to execute the "Prohibition '20 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 Against Contracting with Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and attached hereto as Exhibit D. 45. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE. Tenant warrants and represents that, within two(2)years pnor to the Effective 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 2-379 of 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 amply to the following. (a) Any individual or entity that provides goods to a candidate fur office. (b) Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or Internet service providers, printing companies, event venues, restaurants. caterers, transportation providers, and office supply vendors. (c) Any individual or entity which performs licensed professional services (including for example, legal or accounting services. 46. TENANTS COMPLIANCE WITH FLORIDA'S PUBLIC RECORDS LAW. (a) Tenant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (b) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (c) Pursuant to Section 119.0701 of the Florida Statutes, if the Tenant meets the definition of 'Contractor"as defined in Section 119.0701(1)(a), the Tenant shall: (1) Keep and maintain public records required by the City to perform the service, (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 Florida Statutes or as otherwise provided by law'. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Tenant does not transfer the records to the City (4) Upon completion of the Agreement,transfer, at no cost to the City,all public records 21 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 in possession of the Tenant or keep and maintain public records required by the City to perform the service. If the Tenant transfers all public records to the City upon completion of the Agreement, the Tenant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Tenant keeps and maintains public records upon completion of the Agreement, the Tenant shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (d) REQUEST FOR RECORDS; NONCOMPLIANCE (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Tenant of the request, and the Tenant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Tenant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement. and/or(3)avail itself of any available remedies at law or in equity. (3) A Tenant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s 119.10. (e) CIVIL ACTION. (1) If a civil action is filed against a Tenant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Tenant the reasonable costs of enforcement, including reasonable attorneys' fees, if' a The court determines that the Tenant unlawfully refused to comply with the public records request within a reasonable time. and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Tenant has not complied with the request, to the City and to the Tenant (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Tenant at the Tenant's address listed on its contract with the City or to the Tenant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Tenant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 22 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 (f) IF THE TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO THE TENANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO al MIAMIBEACHFL.GOV PHONE: 305-673-7411 47. INSPECTOR GENERAL AUDIT RIGHTS. (a) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (b) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on lime, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Tenant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (c) Upon ten (10) days written notice to the tenant the Tenant shall make all requested records and documents available to the inspector General for inspection and copying. 23 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Tenant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (d) The Inspector General shall have the right to inspect and copy all documents and records in the Tenant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract. including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (e) The Tenant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition(bid preparation)and performance of this Agreement, for examination, audit. or reproduction. until three(3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: (f) If this Agreement is completely or partially terminated, the Tenant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and (g) The Tenant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (h) The provisions in this section shall apply to the Tenant, its officers, agents, employees, subcontractors and suppliers. The Tenant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Tenant in connection with the performance of this Agreement. (i) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Tenant or third parties. 48. INSPECTION AND AUDIT. (a) Tenant shall collect and maintain its financial records pertaining to its operations pursuant to this Agreement in accordance with generally acceptable accounting principles during the Lease Term, and for a period of three(3)years following the expiration or termination of the Agreement. Upon ten (10) business days' written notice, Tenant shall provide access to the Landlord, or any of Landlord's duly authorized representatives, to any books, documents, papers, and records 24 Docusign Envelope ID:6805C339-C222-4642-BC4C-2C0054FDBC76 which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcriptions. However, Tenant shall not be obligated to provide to Landlord any third-party agreements which Tenant has entered into with other parties, except to the extent necessary to verify the number of tenants occupying the Leased Premises, which in such case, Tenant shall only be obligated to furnish the cover and signature pages, as well as that portion of the agreement pertaining to dates of tenancy. 49. NO DISCRIMINATION. In connection with the performance of the Services, the Tenant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Tenant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing, public accommodations, public services,and in connection with its membership or policies because of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. SIGNATURE PAGE TO FOLLOW Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 IN WITNESS WHEREOF, Landlord and Tenant having read the foregoing and intending to be legally bound hereby, have executed this Agreement as of the Effective Date. Attest: LANDLORD: MIAMI BEACH REDEVELOPMENT AGENCY(RDA) —DocuSigned by: ralftui f. GratA th C<zlL `—FABBBAOBFB5E4CF... Rafael E. Granado, Secretary Print Name: Eric . Carpenter Print Title: Executive Director NOV 0 7 2025 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of [ ] physical presence or[ ] online notarization, by Eric T. Carpenter, as Executive Director of the Miami Beach Redevelopment Agency (RDA), who is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this _day of N cN , 2025. My Commission Expires: t- $-207 Notary Pub , State of Florida �.►���''•., STEPHANIE NICOLE REY 3R00<S +�• '1 Notary Public•State of F;erica i.Iy' r A: Commission x 347040 ( ` 'or v'.' My Comm.Expires;an B.1117 I Bonded through National,votary ass-. APPROVED AS 10 FORM & LANGUAGE EXECUTION ,10115/Z5 26 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 TENANT Crown Castle Fiber. LLC a New York limited liability company Witness jac.on v•1001 Print Name: Eric L. O'Brien Print Name. d Print Title Director,Permitting and Utilities Date 10/30/2025 STATE OF FLORIDA / COUNTY OF MIAMH3ABE i11S I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of [;4"physical presence or [ j online notarization, by ti ^-)e_ G L,? , as Y/ , 7 of Crown Castle Fiber. LLC, a New York limited liability company.who is personally known to me WITNESS my hand and official seal in the County and State last aforesaid this day of_ j _, 2025. ) My Commission Expires: Notary blic, ate of Florida GHANSITYA11 K PAIR Commission N HH 635615 +.Farr�o e`O Expires ires June 2,2029 27 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 EXHIBIT A • • r1 r; • • • tica,. SITE PLAN• LL ,r ,•C� r r.. • ..\.. .. '.is .il AR, • A r • ,l 1 Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 EXHIBIT"B"TO LEASE AGREEMENT LEASED PREMISES 3 I . A�" I "Area = ' i 3,630 SQFT `I d; y ^ e1j ;. F i ;;44 ' _� a z - Leased st 8 . k -$ i j I 'j '\ „ ' ,., } Premises ts,it L l 1 13.6� �,., WI11i1 r� •L � F" f I a 1 I lam\' L . \ aR ` VI 'i ' el I I 0 10 20 • 1 "a • • { -R ' I + { Feet a �, � . , �; 11 I I I L.L !i.. m 't f `fz t.i 1. ` 1 O •— v -�. i < 3 _ , , , 3EB, - . ___,._ ._,__.,___ i .. 'I .. f. s . _ t ..,. . i . t.Ta33 \\ 11 y \.,\ N 1 —\\ \ \ 1 `; 3ta $3&, \ ',Si I'" 'a3 'i o S29 31 8 7-b r3 �" ;Y if eI �s$ 'c '3 i ":r 1 4 �i' , '- Ir1. a' li " 1 1� II / 3L!_-1 ],, 1 / 17 1 Dry f P (� Crown Docusign Envelope ID:6805C339-C222-4642-8C4C-2C0054FDBC76 EXHIBIT C ANTI-HUMAN TRAFFICKING AFFIDAVIT In accordance with Section 787.06 (13). Florida Statutes, the undersigned. on behalf of Tenant hereby attests under penalty of perjury that Tenant does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled"Human Trafficking". I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Tenant. TENANT: Crown Castle Fiber. LLC. a New York limited liability company 22838 Sonoma Lane, Lutzy FL 33549 _ Name/Title: Eric L. O'Brien Director. Permitting and Utilities (Address) State of t to County of •14'7 &,.-yam 7 i1 � The foregoing instrument was acknowled ed before me by mean of Q(physical presence or 0 online notarization, thisJtay of , 24? by (1Ihx G T.'y; ���_ as )' ye , of Crown Castle Fiber, LLC, a New York limited liability company, known to me to be the person described herein. or who produced p._-t 0 34 _1) Gt a s identification, and who did/did not take an oath. NOTARY PUBLIC: /l j Viet,"t," r�f': GHANSITYAM K PATEL :i.• * Commission►HH 635615 :T: o` (Signature) +,s (a Expires June 2.2029 ,; \ >)17AA ) t - (Print(Print Name) My commission expires. - ! ?/.fi =' 7 30 Docusign Envelope ID 6805C339-C222-4642-8C4C-2C0054FDBC76 --- EXHIBIT D PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN AFFIDAVIT In accordance with Section 287.138, Florida Statutes. incorporated herein by reference. the undersigned, on behalf of Tenant, hereby attests under penalty of perjury that Tenant does not meet any of the following criteria in Paragraphs 2(a)-(c)of Section 287.138, Florida Statutes: (a) Tenant is owned by a government of a foreign country of concern: (b)the government of a foreign country of concern has a controlling interest in Tenant: or(c)Tenant is organized under the laws of or has its principal place of business in a foreign country of concern I understand that I am swearing or affirming under oath. under penalties of perjury, to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Tenant. TENANT: Crown Castle Fiber, LLC, a New York limited liability company 22838 Sonoma Lane, Lutz, FL 33549 NameTtie: Eric L. O'Brien Director, Permitting and Utilities (Address) { State of ar } p-1^c t • County of r u The foregoing instrument was acknowledged before me by means of R-' I'ysicaI presence or Li online notarization, this 3.� _ day of 9,��T "r 202c� by t-) - , as `I i ��,. ,; ,/ , of Crown Castle Fiber, LLC. a New York limited liability company, known to me to be the person described herein, or who produced {�i r" ti/ �, y ��t— as identification, and who did/did not take an oath. NOTARY PUBLIC' L'�� �`a• •�� GHANSITYAMKPATEL /��' /J . • Commission A HH 635615 (Signature) • +- a Expkes June 2.2029 �/ f�ci�0 (Print Name) , My commission expires. �L. `/ ,2—�`7— 7 7 .l t Granado, Rafael From: DocuSign - CMB <CMB@Docusign.miamibeachfl.gov> Sent: Friday, November 7, 2025 5:52 PM To: Granado, Rafael Subject: Completed: Complete with Docusign: Crown Castle Lease Agreement.pdf Attachments: Crown Castle Lease Agreement.pdf MIAMI BEACH Your document has been completed VIEW COMPLETED DOCUMENT Kevin Sanchez KevinSanchez@miamibeachfl.gov All parties have completed Complete with Docusign: Crown Castle Lease Agreement.pdf. This Lease was approved pursuant to Resolution 714-2025. Powered by•docusign Do Not Share This Email This email contains a secure link to Docusign. 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