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Lease Agreement Parkview Pt ,,){'tJ3 - zr..?d' 2.. LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PARKVIEW POINT CONDOMINIUM ASSOCIATION FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A NORTH END RADIO/ANTENNA SITE FOR THE CITY OF MIAMI BEACH PUBLIC SAFETY COMMUNICATIONS SYSTEM ~+- This Lease Agreement ("Agreement") is made as of the day of ~ch~f(,V- , 2004, between Parkview Point Condominium Association, having its principal office at 7441 Wayne Avenue, Miami Beach, Florida 33141 ("Lessor"), and the City of Miami Beach, a municipal Corporation of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("Lessee"). In consideration of the execution of this Agreement, the mutual terms, covenants and conditions contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged from one r:-arty to the other, the Lessor and Lessee agree as follows: ARTICLE I PREMISES 1.1 Lessor hereby leases to Lessee and Lessee hereby accepts from Lessor, a right to use a portion of the building known as PARKVIEW POINT CONDOMINIUM, a Condominium ("Building"), according to the Declaration of Condominium thereof as recorded in Official Records Book 60, at Page 6, of the Public Records of Dade County, Florida. The Declaration of Condominium is referred to as the "Declaration". The Building is located on that certain real property located at 7441 Wayne Avenue, Miami Beach, Florida 33141, County of Miami-Dade, State of Florida, and more particularly described in Exhibit "A" attached hereto ("Parent Tract"). The portion of the Building hereby leased to Lessee consists of: certain positions on the roof of the Building ("Rooftop Space") 1 for the mounting of various antennas, associated equipment, and microwave dishes. The Rooftop Space shall be those certain positions on the roof of the Building upon which Lessee's existing antennas are mounted, which shall be at sufficient, but reasonable height, now or in the future, so that signals transmitted and received thereby will not be impeded by the Building or any other structure mounted thereon. The exact location on the Building where the antennas are mounted is depicted in Exhibit "B" (attached hereto and made a part hereof). The Rooftop Space is hereinafter collectively referred as the "Site" and are more particularly described in Exhibit "B" attached hereto and made a part hereof. 1.2 Lessor hereby grants permission to Lessee, at Lessee's sole expense, the right to survey the Site. 1.3 Lessor agrees that, during the Term of this Agreement, (hereafter defined), Lessee shall have a non-exclusive easement for access to the Site on a twenty-four (24) hour basis, seven (7) days a week, 365 days a year, with or without notice, and across that portion of the Parent Tract and the Building necessary to access the Site from the nearest public right-of-ways adjacent to the Parent Tract, for the purposes of installation, maintenance, repair and removal of the Communications Equipment. Lessee's representatives and designated vendors servicing Lessee's Communications Equipment shall also be allowed access to said Site, in the same manner as granted to Lessee in the preceding sentence, when service is needed. Lessee further agrees that any employee, contractor, subcontractor, representative or agent directed by Lessee to install, maintain, remove or repair Lessee's Communications Equipment will be covered by the liability policy described in Article VII of this Agreement. Lessee is responsible for the cost of such policies. 1.4 Lessor agrees that in most cases simply giving the phone number of a maintenance person is insufficient for Lessee's purposes and a key, access card or other self executing method for entry or access is required. Lessor further consents to the installation of a permanent lock box, either mounted to a wall or hung on a door knob, all costs, fees and expenses of which shall be borne exclusively by Lessee; Lessor agrees and understands that access is a material 2 inducement to Lessee making, executing and delivering this Agreement and specifically agrees that should Lessor fail, refuse or neglect to grant Lessee access pursuant to the terms of this Agreement, it shall be deemed a material default of the Agreement. 1.5 In the event that Lessor proposes to assign roof space of the Building to another vendor, said vendor shall conduct, at its sole cost and expense, an engineering study to determine if vendor's equipment transmits radio waves which interfere with Lessee's 800MHz public safety communications system and/or microwave receiver and transmitter equipment. If the study reveals that such interference occurs, or is likely to occur, Lessor shall not permit the vendor to set up its equipment on the premises unless the vendor arranges his equipment in such a way as not to interfere with Lessee's equipment, as determined by Lessor in its sole discretion. If the study reveals no interference and the vendor is allowed to operate equipment on the subject premises, but later vendor's equipment if found to interfere with Lessee's equipment, the vendor's equipment will be shut down until the vendor corrects the interference problem. Said vendor(s), at its sole cost and expense, shall take all necessary steps to correct and eliminate such interference, which may include the addition of nonperformance degrading equipment to the vendor's equipment causing said interference. If such interference cannot be eliminated, Lessee and/or Lessor may each terminate the Agreement without further obligation on either party with respect to such equipment. Such termination shall occur by either party giving the other notice of termination in writing. 1.6 All other Lessees, or other users as contemplated in Section 1.4 of the Agreement, of Lessor, if any, must operate all equipment under the guidelines of the Federal Communications Commission (FCC) and be in compliance with all applicable rules and regulations, including obtaining an FCC license prior to operating said equipment. 1.7 Lessee shall be responsible to Lessor for payment of electricity utilized by Lessee. Payment of electricity utilized during the previous month shall be made to Lessor with the current monthly rental payment. Calculation of payment 3 shall be based on the actual kilowatt hours used times an average rate per kilowatt hour and any applicable demand charges. 1.8 An electrical sub-meter installed by Lessee will determine the actual usage. The rate per kilowatt hour will be determined annually as of October 1 st, using Florida Power & Light (FP&L) current billing rates and billing structure for the Building. Lessee will notify Lessor in writing, with a copy to be sent to the President of Parkview Point Condominium Association, of the average rate per kilowatt based on FP&L's information. 1.9 Lessee shall also be responsible for payments of any other utilities and expenses whatsoever which are incurred by either Lessee or Lessor relative to Lessee's installation and usage of the Site. ARTICLE II TERM 2.1 The initial term of this Agreement shall be for twenty (20) years beginning on the 1st of September, 2004 ("Term"). This Agreement may be renewed upon mutual agreement of the parties for an additional ten (10) year term, unless Lessee provides its notice of intent not to renew at least six (6) months prior to the expiration of the initial term. 2.2 Notwithstanding, Section 2.1 above, Lessee shall have the right to cancel this Agreement, at its sole discretion, without cause and for convenience, at any time by giving Lessor at least six (6) months written notice in advance of said cancellation. ARTICLE III USE PAYMENT 3.1 During the first (1st) year of this Agreement starting October 1, 2004, Lessee shall pay an annual payment, as consideration for the right to use the Rooftop Space ("Use Payment"), in the amount of Twenty Thousand Dollars 4 ($20,000.00), in equal quarterly installments, plus applicable sales tax, to be paid on the first (1st) day of the quarter, in advance, to Lessor or its written designee. 3.2 Beginning with the second year of this Agreement, and for each successive year that this Agreement shall remain in effect, the quarterly Use Payment for each successive year shall be increased by three (3 %) percent, or the CPI-U, whichever is less, at the commencement of each such year thereafter. 3.3 In addition to and along with the Use Payment and any other sums due under this Agreement, Lessee agrees to pay to Lessor any applicable sales tax or any other tax, fee or charge imposed or levied by any governmental authority with regard to the use of the Site. ARTICLE IV USE 4.1 Lessor hereby grants permission to Lessee to install and operate the following and associated equipment on or in the Site for the purposes of constructing, maintaining and operating a communications facility and uses incidental thereto: 4.1.1 10 Ghz. transmitter and receivers, microwave dish antenna, UPS system, UPS batteries and battery charger system to be located in, on or over the Rooftop Space, now or any time during the Term of this Agreement. 4.1.2 Flexible coaxial transmission lines between antennas and communications equipment, to be anchored and installed on the Site in accordance with good and accepted engineering practices. 4.1.3 800 MHz. two-way radio communications, equipment consisting of two-way transmitters, receivers, accessories and other property. 4.1.4 At Lessee's option, Lessee shall have the right to locate an emergency generator on the Parent Tract at a place mutually acceptable to Lessor. 5 4.2 For purposes of this Agreement, all of Lessee's equipment, panels, generator, cables, wires, antennas, microwave dishes and accessories shall hereinafter collectively be referred to as the "Communications Facility". 4.3 Lessor hereby acknowledges and agrees that the Communications Facility placed upon the Site by the Lessee are and shall remain the property of the Lessee and shall not be deemed to be a fixture upon the Site. Lessor grants Lessee a non-exclusive easement in, over, across and through the Parent Tract as may be reasonably required during construction, installation, maintenance, repair, replacement and operation of the Communications Facility. 4.4 Upon termination of this Agreement, Lessee shall remove its Communications Facility from the Site within one hundred twenty (120) days of the termination date and, in the event the Communications Facility is transferred to another site, then within one hundred twenty (120) days of Lessee's final acceptance of the substitute site. Lessee shall also restore the Site to, as near as practical, a reasonable condition under the circumstances, except normal wear and tear. 4.5 Lessee shall have the right to terminate this Agreement at any time upon the occurrence of any of the following events: 4.5.1 If the approval of or issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction and/or operation of the Communications Facility as now or hereafter intended by the Lessee ("Approvals") cannot be obtained, or is revoked, or public opposition is unreasonable under the circumstances, as determined by Lessee, or Lessee determines the cost of obt'3ining and retaining such Approval is unreasonable in Lessee's sole discretion. 4.5.2 If Lessee determines, in its sole discretion, based upon soil bearing tests, radio frequency propagation tests, or interference with Lessee's reception or transmission, that the Site is not appropriate for the uses intended by Lessee (i) upon not less than thirty (30) days written notice of termination of this Agreement by Lessee pursuant to the terms of Subsections 4.5.1 or .4.5.2 above, or (ii) in the event that the Approvals described in Subsection 4.5.1 above have not been initially received by Lessee within three hundred sixty-five (365) days ("Cancellation Date") from the date of the final execution of this Agreement by all parties ("Execution Date"), this Agreement shall automatically terminate and neither party shall have any further rights or obligations arising hereunder, 6 except that Lessee shall have the obligation to remove the Communications Facility and any Improvements from the Site, and except for those rights and obligations that are to survive the termination of this Agreement pursuant to the expressed terms of this Agreement. Notwithstanding anything contained herein to the contrary, the Cancellation Date shall be automatically extended to seven hundred thirty (730) days from the Execution Date of this Agreement unless Lessee provides Lessor with notice to the contrary prior to the expiration of the original Cancellation Date. Following the Execution Date, Lessee shall make a diligent and best effort to obtain all of the Approvals. Lessor agrees to cooperate with Lessee in securing all of the Approvals referenced in Subsection 4.5,1, above, including, without limitation, any required site plan/zoning approvals for the Site. Upon the request of Lessee, Lessor shall execute and deliver forms and applications as are necessary and appropriate to obtain such Approvals. Lessee reserves the right to contest and/or appeal, to the extent determined by Lessee, in Lessee's sole discretion, any adverse governmental or judicial decision or determination relative to the issuance of any such Approvals. All costs arising out of the procurement of such Approvals shall be borne by Lessee. ARTICLE V LIABILITY AND INDEMNITY 5.1 Subject to, and limited by, Article VII, Lessee agrees to indemnify and hold Lessor and the Parkview Point Condominium Association harmless from all claims (including costs and expenses of defending against such claims, through counsel designated by Lessee) arising out of the use and/or occupancy of the Site by Lessee. Lessor agrees to indemnify and hold Lessee harmless from all claims (including costs and expenses of defending against such claims) arising from the acts or omissions of Lessor, Lessor's agents, employees, contractors, or other tenants of Lessor occurring in or about the Site. Nothing contained in this Article V or elsewhere in this Agreement is in any way intended to be a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 7 ARTICLE VI DEFAULTS AND REMEDIES 6.1 Notwithstanding anything in this Agreement to the contrary, Lessee shall not be in default under this Agreement until: 6.1.1 Thirty (30) days after actual receipt of written notice of any non-monetary default from Lessor; provided; however, where any such default cannot reasonably be cured within said period, Lessee shall not be deemed to be in default under this Agreement if Lessee commences to cure such default within said period and thereafter diligently pursues such cure to completion ("Event of Default"). 6.2 Failure of Lessee to pay within thirty (30) / days after the date when due of any installment of Use Payment or any other sum herein required to be paid by Lessee, provided Lessee has received written notice from Lessor of such non-payment and allowed a three (3) day cure period within such notice, shall constitute an automatic default on the part of Lessee for which no further notice shall be required. ARTICLE VII INSURANCE Lessee is self-insured for all potential liability resulting from Lessee's negligence in accordance with and subject to the limitations of Section 768.28, Florida Statutes. The Lessee maintains a self-insurance program that will provide coverage for all bodily injury and property damage claims which may, as it relates to the Lessee's use or maintenance of the Site, arise from the negligent acts of the Lessee's employees or agents. Lessee agrees to provide Lessor with a notarized letter evidencing the extent of its insurance coverage. 8 ARTICLE VIII TITLE AND QUIET POSSESSION Lessor represents and agrees (a) that it is the Lessor of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that Lessee is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as Lessee is not in default beyond the expiration of any cure period; and (e) that Lessor shall not have unsupervised access to the Site or to the Communication's Facility . ARTICLE IX SUBORDINATION AND NON-DISTURBANCE At Lessor's option, this Agreement shall be subordinate to any deed to secure debt, deed of trust, mortgage, or similar instrument by Lessor (collectively "Mortgage") which from time to time may encumber all or part of the Site; provided however, the holder of every such Mortgage shall recognize the validity of this Agreement in the event of a foreclosure of Lessor's interest, and Lessee's right to remain in occupancy of the Site as long as Lessee is not in default of this Agreement, by executing a non-disturbance agreement in a form reasonably acceptable to the Lessee. Lessee agrees to execute in a timely manner whatever instruments as may reasonably be required to evidence this subordination clause. In the event the Site is currently encumbered by a Mortgage, Lessor, not later than thirty (30) days after this Agreement is fully executed, and as a condition precedent to Lessee's obligation to pay Use Payment hereunder, shall obtain and furnish to Lessee a non-disturbance instrument in a form acceptable to Lessee. 9 ARTICLE X TITLE INSURANCE Lessee, at Lessee's option and expense may obtain title insurance on the Site. Lessor, at Lessee's expense, shall cooperate with Lessee's efforts to obtain such title insurance policy by executing documents or obtaining requested documentation as required by the title insurance company. At Lessee's option, should the Lessor fail to provide the requested documentation within thirty (30) days of Lessee's written request, or fail to provide the non-disturbance instrument(s), Lessee may withhold and accrue the monthly Use Payment until such time as the requested document(s) is received or Lessee may terminate this Agreement. ARTICLE XI HAZARDOUS SUBSTANCES Lessor represents that it has no knowledge of any substance, chemical or waste (collectively, "substance") on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Lessee shall not introduce or use any such substance on the Site in violation of any applicable law. In the event Hazardous Substances, as said term is hereinafter defined, are discovered on, in or under the Site as of the Commencement Date or thereafter, and such Hazardous Substances is located on, in or under the Site due to an act of or as a result of fault or negligence of Lessor or Lessee, as the case may be, Lessor or Lessee, respectively, at its sole expense, shall, without interference with the use of the Site, remove all such Hazardous Substances in accordance with all applicable laws, rules, ordinances, and regulations ("Removal"). Lessor or Lessee (the "Indemnifying Party") shall indemnify and hold Lessee or Lessor, as the case may be (the "Indemnitee") harmless against any claims arising out of such Hazardous Substances including all of Indemnitee's attorney's fees and costs ("Indemnity"). For the purposes hereof, 10 the term "Hazardous Substances" shall mean pollutants, contaminants, toxic or hazardous substances or wastes, oil or petroleum products, flammable or any other substances whose nature and/or quantity of existence, use, release, manufacture or effect renders it subject to Federal, state or local environmental, health, community awareness or safety laws or regulations, now or hereafter enacted or promulgated by any governmental authority or court ruling, or any investigation, remediation or removal. Further, Hazardous Substances shall be required to be removed from the Site only if required by the proper governmental authorities. ARTICLE XII ASSIGNMENT With the exception of Lessee's principal, affiliates or subsidiaries of its principal or to any company upon which Lessee is merged or consolidated, Lessee shall not assign or encumber its interest in this Agreement or in the Site, without Lessor's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Consent by Lessor to assignment shall be deemed to be unreasonably withheld if the proposed sub-Lessee is of such financial standing and responsibility at the time of such assignment as to give reasonable assurance of the payment of all Use Payment and other amounts reserved in this Agreement and compliance with all of the terms, covenants, provisions and conditions of this Agreement. Should this Agreement be assigned to any entity other than the Lessee's principal, affiliates or subsidiaries, Lessor shall be free to renegotiate the lease terms and the Use Payment amount. If the assignment of this Agreement results in remuneration to Lessee by the sub- Lessee, Lessor shall be free to renegotiate the Use Payment due. 11 ARTICLE XIII NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by courier or by overnight delivery, addressed as follows (or to any other address that the party to be notified may have designated to the sender by like notice): LESSEE: IT Director City of Miami Beach 1100 Washington Avenue Miami Beach, Florida 33139 LESSOR: Parkview Point Condominium Association Attn: Ann Meng 7441 Wayne Avenue Miami Beach, Florida 33141 ARTICLE XIV LESSEE MORTGAGE Lessor covenants and agrees that, at all times during the continuance of this Agreement, and subject to Lessor's prior written approval, which approval shall not be unreasonably withheld, Lessee shall have the right to mortgage or convey by deed of trust or other instrument adequate for the purpose of securing any bona fide indebtedness of Lessee, this Agreement or the interest of Lessee created hereby, together with all of Lessee's right, title and interest in and to the Communications Facility, Improvements, and any other equipment, towers or trade fixtures placed on the Site by Lessee, provided that such mortgage, conveyance or encumbrance, nor any foreclosure thereof, nor any purchase thereunder, shall impair or abridge the rights of Lessor. In the event of any such mortgage conveyance (or assignment), Lessor's lien shall be superior and shall not be subordinate to any such debtor's lien on such Improvements, equipment, towers, or trade fixtures. With regard to Article XV of the Agreement, Lessor 12 makes no representations, warranties or assurances as to Lessee's rights to mortgage or convey its' interest leased herein or with regard to Lessee's ability to secure financing. The failure of Lessee to mortgage or convey its' interest under this Agreement or to secure financing shall not in any way effect the validity of the Agreement or Lessee's obligations under the Agreement. ARTICLE XV CONDEMNATION If the whole of the Site or such portion thereof as will, in Lessee's sole judgment, make the Site unusable for the purposes herein provided, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the Term hereby granted shall cease from the time when possession thereof is taken by public authorities, and the Use Payment shall be accounted for as between Lessee and Lessor as of that date. Any lesser condemnation shall cause the Use Payment payable hereunder to be reduced by such percentage as the area so condemned bears to the entire Site. Nothing in this provision shall be construed to limit or affect Lessee's right to an award of compensation of any eminent domain proceeding for the Improvements or Lessee's use interest hereunder. ARTICLE XVI TESTS Lessee is hereby specifically permitted to conduct surveys, soil tests, radio coverage tests, and any other test or investigation needed to determine if the physical condition of the Site is suitable for Lessee's uses hereunder. Lessee may bring onto the Parent Tract or the Site any equipment and machinery, including vans, trucks and cranes, that may be reasonably necessary to conduct these tests, but Lessee shall be responsible for any damage to the common elements or property located on the Parent Tract or Site, caused by any machine 13 brought thereon. With regard to this Article XVII, Lessee's rights set forth herein shall only exist to the extent permitted by the Declaration. ARTICLE XVII 'CONDITION OF THE BUILDING 17.1 To the extent that any cost or expense arises or is incurred in relation to the operation, maintenance and repair of the Site as a result of any act or omission of Lessee, Lessee shall be responsible for such cost and expense. Lessor and Lessee shall each comply with all applicable Federal, State and local laws, ordinances, codes, rules and regulations pertaining to the Building and the Site, effective at the time of execution of this Agreement and as enacted thereafter, the violation of which will in anyway negatively effect the rights and/or use of Lessor or Lessee under this Agreement. The party failing to comply with any such law, ordinance, code, rule or regulation shall be solely responsible for any fines, penalties, levies, and/or other additional expenses as a result of non-compliance with the requirement of such authorities. 17.2 Lessee covenants and agrees that Lessee's Communications Equipment, its installation, operation and maintenance will: 17.2.1 Not damage the Building structure and accessories thereto. 17.2.2 Comply with all applicable rules and regulations of the FCC and the City, County and State which has jurisdiction with respect to the Communications Facility. 17.2.3 If the Building is damaged for any reason so as to render it substantially unusable for Lessee's use, Use Payment shall abate for such period while the Lessor, at its expense, restores the Building to its condition prior to such damage; provided however, in the event the Lessor fails to repair the Site within thirty (30) days from the date of such damage, Lessee shall have the right to terminate this Agreement with no further obligations hereunder. 14 ARTICLE XVIII MISCELLANEOUS 18.1 This Agreement contains all agreements, promises and understandings between Lessor and Lessee and no verbal or oral agreement, promises or understandings relating to the Site, the Building, or the Parent Tract shall be binding upon either Lessor or Lessee in any dispute, controversy or proceeding at law. Any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties. If any term or provision, or any portion thereof, of this Agreement, or the application thereof to any person or circumstances shall, to the extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 18.2 This Agreement and the obligations of the parties, and the performance thereof shall be governed, interpreted, constructed and regulated by the laws of the State of Florida. 18.3 This Agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. 18.4 Neither this Agreement nor any notice of it shall be recorded in any Public Records. 18.5 Whenever under this Agreement the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner. 18.6 If any article, paragraph, section, provIsion, sentence, clause, or portion of this Agreement is determined to be illegal, invalid or unenforceable, such determination shall in no way affect the legality validity or enforceability of 15 any article, paragraph, section, provision, sentence, clause or portion of this Agreement and any such affected portion or provision shall be modified, amended, or deleted to the extent possible and permissible to give the fullest effect to the purposes of the parties and of this Agreement, and the parties hereby declare that they would have agreed to the remaining parts of this Agreement if they had known that such provisions or portions thereof would be determined to be illegal, invalid, or unenforceable. 18.7 Captions and headings are for convenience of reference only and in no way shall be used to construe or modify the provisions set forth in this Agreement. 18.9 Time is of the essence in this Agreement. ARTICLE XVIV LIMITATION OF CITY'S LIABILITY 19.1 Notwithstanding any other provision of this Agreement, Lessee's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, is limited to the direct damages recoverable under law. In no event will Lessee be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings, or other incidental or consequential damages related to or arising from this Agreement. This limitation of liability will survive the expiration or termination of this Agreement. Nothing contained in this Article XVIV or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. ARTICLE XX GOVERNING LAW AND EXCLUSIVE VENUE This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to 16 principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, LESSOR AND LESSEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. Wines~ k~ OC~~Cvv~V Printed Name LESSOR Parkview Point Condominium Association, By: O:zr prinC;~aJ!tev-~--- Signed, sealed and delivered in the presence of: President Title Address .) Exec~d on I day of 00 ~h_ ,2004. STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) J- I The foregoing instrument was sworn to before me this --L- day of OC-Ml~<V- , 2004 by A p '0 r'q; ,,-,c.., ,as (title) 711~"1-'Uc..J-t of , a Florida corporation, who is personally known to me or who produced . -. Ication and who did (did not) take an oath. My commission expires Florida: 18 LESSEE Signed, sealed and delivered in the presence of: ofth~1J~A Witness j,;//aJl7I t2. /-fof(u'elif Printed Name Nl?lol. Title /7(}tJ fMl/tmJ7tNJ C!uvfltlL/)l. Address dJllIl1J/ &-Hr/l., FL- 3313'r ~ecuted on 13ttday of ~1hNC- ,2004. STATE OF FLORIDA ) ) ss: COUNTY OF MIAMI-DADE ) ---n The foregoing instrument was sworn to before me this L3..... day of -/~:::Y!.e.rno/.r- , 2004 by /-/a~ 7:>au/ d ~/??eI-; as /77avo~ of The Cit of Miami Beach a Municipal Corporation of the Stafe of Florida, who is ersonally known- to me or who produced as identiflca Ion an w 0 did (did not) take an oath. My commission expires: fZ/ a -,{1/~~ NOTARY PUB[IC, State of Florida at Large F:latto\AGUR\AGREEMNT\No, End Radio Antenna Site Lease Agr. (Parkview Point Condo).doc 19 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~m. {l;~ ...................... .~ PAULA =='211 ~ . . ElcplNe 7/'1JJ1D11 : ~O,,\~ 8ondod """ (lIOO)432-l254! ::~:I~~:......f.~~~~.!'!~~~.:,'~.i \.