HomeMy WebLinkAboutR-2007-053RESOLUTION NO.2007-053
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST SUBMITTED BY SPRINT-NEXTEL CORPORATION, FOR
PROPERTY LOCATED AT 2010 NE 7' AVENUE, IN THE CITY OF DANIA
BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW
INSTALLATION OF A STEALTH CELL ANTENNA LOCATED IN THE "IG"
(INDUSTRIAL GENERAL) ZONING DISTRICT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Zoning Code, Zoning Appendix, Article VIII
"Telecommunication Towers and Antennas", Section 33-308, provides that stealth towers or stealth
rooftop and building mounted antennas shall be allowed as a special exception use in the IG
(Industrial General) zoning district; and
WHEREAS, the Sprint-Nextel Corporation applied for special exception approval (SE-82-
06) to allow the installation of a stealth cell antenna in an IG (Industrial General) zoning district, for
property located at 2010 NE 7`h Avenue in the City of Dania Beach; and
WHEREAS, the Planning & Zoning Board on February 21, 2007 recommended that the City
Commission grant the special exception request (SE-82-06), subject to conditions, based upon the
criteria set forth in Chapter 28, "Zoning", Article 10.12, "Special Exception Uses", of the Code of
Ordinances of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application SE-82-06 filed by the applicant as identified above,
for a Special Exception to allow the installation of a stealth cell antenna in an IG (Industrial General)
zoning district, a copy of which application is attached and made a part of this Resolution as Exhibit
"A", for property located at 2010 NE 7'h Avenue, in the City of Dania Beach, is approved, subject to
the following:
1) Review by consulting engineer for compliance with FAA height, location, and lighting
restrictions.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED on March 27, 2007.
ATTEST:
r�1),c7' � i-,
LOUISE STILSON, CMC
CITY CLERK
d {pV T
N
OB ANTO !
MAYOR -COMMISSIONER
APPROVED AS TO FT A7 D CORRECTNESS:
BY: }
TH J. Ai5SBRO
CITY ATTORNEY
2 RESOLUTION #2007-053
LOCATIONMAP:
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
General Development Application (954j 924-3645
Assignment of Flex/Reserve Units
Lend Use Amendment
Plat
Plat Delegation Request
Rezoning l ; •t r,:'^,;�i :;r; sc .�c
Site Plan t ,['' ,14,,; I' Vj'"• u to Rea'dt
SPedaiExoeption �� Sdai Request OCT 2 6 2006 Utlon No: =
Tralficway wakror
Variance
V801110n Request ,4
Othen '+r.ir)ent
THIS APPLICATION WILL NOT BE ACCEPTED UNTA >R IS COMPLETE AND SUBMITflD wlTil
ALL NECESARRY DOCUMENTS Refer to the applketlon type at the top of this form and "Required
Dot Nolttatlon dheddlst to determine the supplemental documents required with each appllptlon.
For after the tact applkatlons. the responsihk antractor of record shall be Present at the board hearing.
their a Nuthorized lure W attendmey Impact upon the dispositlan of your applkatbn As always. the aPplkant ar
egal agent must be present
at all meetings.
All Projects must also obtain a building Pemrlt from the Cltys Building Department
Location Address; 2010 iUE q "* Av,- MA.- A n ", -_ - �.
Lot($): Block: Subdlvtslon: W
Retarded Plat Name: Rcv.oje ZA47(, PA. I—
Folio Numbers):_Legal Description: �� YiCi-tED
Ica nsultant/Legal Representable (drde am) _SIMIN7r: u �
�vR?oR�4Tz, + f
Address OfApplitant LI,7@tj 1�.� dn, �r.
i=r 1 0- r, 33 �Cfj
Business Telephone: i i-3.001 Home• N A
.,,� Fax:
Name of Property owner: Q - SiU4' S - } •r
Address of Property owner:
Business Telephone: Home: 1�1 ff� Fax:
its �Tk1Lt C1e,�+' CF A G%4' S iZ�"rac
Explanation of Reauest: Axj,,St ram, , : rt-„ r, ,
Prop, Net Acreage: IV' Gross Acreage: -UM_ Prop, square Footage:
Existing Use: r�TL r ,Y•r F hCt e r TY Proposed Use: ,-„ AI,-/A:1' 'r'r, ••,:: 5 -M t, =-tZ
Is property owned individually, by a corporation, or oin venture YES
I understand that site plan and variance approval automatically expires within 12
months of Cty Commission approval, pursuant to Ordinance No. 2005-040.
AWB)wner.��,t\i P G.vrsign re Print Name 2t2 L
Date
PPLICANT ONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me
Thlsao ddayof "C �2D �ny�Presentative:
�e
SI Name of Notary Public — —
State of (t4 w
�l �c1an iy%pr14�\S1C �
Print Name of Notary
Skgnature:_�—t t� r
Date:
(Print Name) I
�plfiti �e'tlV pf,.s /�Vt3.� SUITS 30U
FT• LAvo�YthN.T FL C',
Street Address, pty, State and Zlp Code
Seal: skit Ihcpkes: 5 -►_ {,— 1p _
Seal:=�44►•lvCY , �� ifp �ez,�
Me t r ; ^rl� tirdDeal°.<t Tetephone No. a Fax No. �9['
lice+ry Fu•;Ic e.e t t: nv Y9: k
Aunt ��s� 49�76ti''tb
C±axalastjn ..xpiroa IQ 1400 O:Q
INDMDUAL OWNER NOTARIZED SIGNATURE:
This Is to certiN that I am the fee simple owner of subject lands described above and that I have
authorized(AmIkanyConsultant/It"resentative)
make and file the aforesaid application, to
Swom to and subscribed before me
This _ day Of 20
Sign Name of Notary Public
State of ( )
Print Name of Notary
Commission Expires:
Seal:
Owner.
Signature:
Date:
(Print Name)
Street Address, City, State and Zip Code
Telephone No. & fax No.
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands d
that I, as a duly authorized escribed above and
officer, have authorized(Applkar&,ConsulranVRepresentaUw)
to make and file the aforesaid application.
5wom to and subscribed before me
This bey of 20
StOf ( of Notary Publk
Print Name of Notary
Commission Explres:
Seal:
Corporation Name:
Signature:
Date:
(Print Name)
(Print TIUe)
Street Address, City, State and Zip Code
Telephone No. & Fax No.
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This Is to certify that the below referenced lands described above and that all pi
the duy authorized persons are the owners of subject
artners have authorized (App"cant/Ccnsubnt/ReMwntative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This--12tday of CCALNze, ZDQC.
Sign�Name of Notary Public
State of (ov,,(o )
Signature:
—
Date:
—_
Q
(Print Name)— 1�"
Print Name of Notary
Street Addres— ,s�C(ty, State and Zip.«• ....
Seal:
s SiAMliCfJCF iOwsp-iromr/uar� `t�� a3�-C%c
Seal' stt. ar OMeIn Lays Cam*, Telephone No. & Fax No. ,
W eanmlube upk" Jaivay 31. soto
"Each partner must sign. Attach duplicate sheets as required. '* �
O'l
"�`
Legal Description of Owner's Property,
The Owner's Property is located at 2010 NE 9° Avenue (aWa 2010 NE 7s Avenue), situated in the City of Dania Beach, County of
Broward. State of Florida canmonly described as follows:
Insert Legal Deacderte
A portion of panel "A" and a portion of Parcels "B" and "C . PORT EVERGLADES
Page f the pubCh lic accortlin S to the plat thereof, as recorded in Plat Book 122,
portion of the vacated road Jad a"M to said PORT 'FloridBroward County a; TOGET
HER WITH a
CENTER, described as follows: E;RGLADE3 COMMERCE
BEGINNING at the Southeast comer of said PORT EVERGLADES COMMERCE
CENTER; thence South 02° 02'11" East, along the Southerly, extension of the East
boundary of said PORT EVERGLADES COMMERCE CENTER, 7.50 feet to a Point on
EVERGLADES the Centerline of the vacated road adjoining the South boundary of PART
COMMERCE CENTER (VACATED BY CITY OF DANIA
RESOLUTION NO, 30.2-84); thence along said Centerlina South 88°04'20" West;
751.16 feet; thence North 15;i'52" East along aline 4.50 East of and parallel with the
West Boundary Line of Parcel "A", 405.44 feet; thence North 88006'48" East, 626.43 feet
to a Point of the East Boundary of said PORT EVERGLAD thence along said East Boundary South 02° 02' 11. CE CENTER;
East, 3 fi3 ES COMMERCE
toOMMERPoint of
Beginning,the
ACO PROPERTY AD
INC.
Phone (518) 584-9578 Fax (518) 584-9967
E-mail: info@acopropertyadvisors.com
January,17 2007
Corinne Lajoie, AICP
City of Dania Beach Planning & Zoning Department
100 W Dania Beach Blvd
Dania Beach, FL 33004
RE: Sprint FAA Determination Approval/ 2010 NE 9th Ave., Dania Beach FL/ FL2606B
Corinne,
As discussed, enclosed please find Sprint's FAA Determination Approval for our
proposed stealth wireless flagpole installation located at 2010 NE 9'h Ave. Based upon
this approval, please confirm that we will be able to appear at the February 21, 2007
Planning & Zoning Board meeting, and let me know if you have any questions,
Regards,
Ryan P. Conway
Agent of Sprint
Junior Project Manager
Mobile: 518.441.6016
Email: roan cnr acopropertyadvisars com
Federal Aviation J..ministration
Air Traffic Airspace Branch, ASW-520 006-Autical Study No.
2601 Meacham Blvd. 2006-ASO-i6i�0f7�2-OS
Fort Worth, TX 76137-0520 ����II 11 L7D
Issued Date: 01/25/2007
Nichols Davis JAN i g 10U1
Sprint Nextel Corporation
851 Trafalgar Court, Suite 3008 Planning
Maitland, FL 32751 Department
i+ DHTHRNINATION OF NO HAZARD TO AIR NAVIGATION ••
The Federal Aviation Administration has completed an aeronautical study under
the provisions of 49 U.S.C., Section 44718 and, if applicable, Title 14 of the
Code of Federal Regulations, part 77, concerning,
Structures Antenna - Side Mount on a Flagpole
Location: Dania, FL
Latitude, 26-4-26.83 N NAD 83
Longitude, 80-7-51.90 N
Heightse 59 feet above ground level (AGL)
65 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial
adverse effect on the safe and efficient utilization of the navigable airspace
by aircraft or on the operation of air navigation facilities. Therefore,
Pursuant to the authority delegated to me, it is hereby determined that the
structure would not be a hazard to air navigation provided the following
condition(s) Wars) met:
As a condition to this Determination, the structure is marked and/or
lighted in accordance with FAA Advisory Circular 70/7460-1 AC 70/7460-IK Change
1, Obstruction Marking and Lighting, red lights - Chapters 4,5(Red),&12
It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction
or Alteration, be completed and returned to this office any time the project is
abandoned or:
At least 10 days prior to start of construction
(7460-2, Part I)
X_ Within 5 days after the construction reaches its greatest height
(7460-2, Part II)
To coordinate frequency activation and verify that no interference is caused
to FAA facilities, prior to beginning any transmission from the site you must
contact Pin Williams at 305 526-2177.
See attachment for additional condition(s) or information.
This determination expires on 07/15/2008 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of
the Federal Communications Commission (FCC) and an
application for a construction permit has been filed, as
required by the FCC, within 6 months of the date of this
determination. In such case, the determination expires on
Page 1
the date prescribea by the FCC for completion of
construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
This determination is subject to review if an interested party files a petition
that is received by the FAA on or before February la, 2007. In the event a
Petition for review is filed, it must contain a full statement of the basis upon
which it is made and be submitted in triplicate to the Manager, Airspace and
Rules Division - Room 423, Federal Aviation Administration, 800 independence
Ave, Washington, D.C. 20591.
determinationThis
nal on February
timely filed.Inwhich ai se, his determination will 7 willnotlbecomeess a pfinalopending
disposition of the petition. Interested parties will be notified of the grant
of any review. For any questions regarding your petition, please contact Office
of Airspace and Rules via telephone -- 202-267-8763 - or facsimile 202-267-9320.
This determination is based, in part, on the foregoing description which
includes specific coordinates, heights, frequency(ies) and power. Any changes
in coordinates, heights, and frequencies or use of greater power will void this
determination. Any future construction or alteration, including increase to
heights, power, or the addition of other transmitters, requires separate notice
to the FAA.
This determination does include temporary construction equipment such as cranes,
derricks, etc., which may be used during actual construction of the structure.
However, this equipment shall not exceed the overall heights as indicated above.
Equipment which has a height greater than the studied structure requires
separate notice to the FAA.
This determination concerns the effect of this structure on the safe and
efficient use of navigable airspace by aircraft and does not relieve the sponsor
of compliance responsibilities relating to any law, ordinance, or regulation of
any Federal, State, or local government body.
This aeronautical study considered and analyzed the impact on existing and
proposed arrival, departure, and en route procedures for aircraft operating
under both visual flight rules and instrument flight rules, the impact on all
existing and planned public -use airports, military airports and aeronautical
facilities, and the cumulative impact resulting from the studied structure when
combined with the impact of other existing or proposed structures. The study
disclosed that the described structure would have no substantial adverse effect
on air navigation.
An account of the study findings, aeronautical objections received by the FAA
during the study (if any), and the basis for the FAA's decision in this matter
can be found on the following page (a).
A copy of this determination will be forwarded to the Federal Communications
Commission if the structure is subject to their licensing authority.
Page 2
If we can be of further assistance, please contact our office at (202)267-9219.
On any future correspondence concerning this matter, please refer to
Aeronautical Study Number 2006-ASO-6072-0E.
Signature Control Not 467304-320461
Kevin P. Haggerty
Manager, obstruction Evaluation Service
Attachment(s)
Additional Information
Frequency Data
7460-2 Attached
(DNH)
Page 3
Additional ..,formation for ASN 2006-ASO-604_-On
Proposal# To construct a(n) Antenna - Side Mount to a height of 59
feet above ground level, 65 feet above mean sea level.
Locations The structure will be located 1.18 nautical miles east
Of FLL Airport reference point.
Section 77.23 (a) (5) a height that affects an Airport Surface by penetrating
Section 77.25 (d) Approach Surface by 12 feet as applied to FLL.
Details
woreno letters pofpobjecti nsed creceivedture eduri glthezcommented forpPeriodcomment. There
The proposed structure proximity to the airport was considered and found to be
acceptable.
The impact on arrival, departure and an route procedures for aircraft operating
under VFRts, &AR conditions at existing and planned public use and military
airports, as well as aeronautical facilities, was considered during the analysis
o! this structure. The aeronautical study disclosed that the structure, at a
height of 65 feet above mean sea level (AMSL), would have no adverse elect upon
any terminal or an route instrument procedure or altitude,
The cumulative impact (IFR/VFR) resulting for the structure, when combined with
the impact of other existing or proposed structures was considered and found to
be acceptable
Therefore, it is determined that the proposed structure would not have a
substantial adverse effect on the safe and efficient use of the navigable
airspace by aircraft or an any navigation facility and would not be a hazard to
air navigation.
///////////END OF COMMENTS////////
Page 4
i
LOW
FREQUENCY
Prequen-y Data for ASN 2006-ASO-6072-6.
HIGH PREQU8NCY
REQUENCY UNIT 8RP
806
824
MHz
824
849
MHz
851
866
MHz
869
094
MHz
896
901
MHz
901
902
MHz
930
431
MHz
931
932
MHz
932
932.3
MHX
935
940
MHz
940
941
MHX
1850
1910
MHx
1930
1990
MHz
2305
2310
MHz
2345
2360
MHz
RRP
UNTIF
Soo
w
Soo
w
Soo
w
500
w
Soo
w
7
w
3500
w
3500
w
17
aew
1000
w
3500
w
1640
w
1640
w
2000
w
2000
w
Page 5
ACO PROPERTY AD
INC.
Phone (518) 584-9578 Fax (518) 584-9967
E-mail: info@acopropertyadviaors.com
October 26, 2006
City of Dania Beach, Florida OCT 16 21106
Attention: Corinne Lajoie, AICP
Planning and Zoning Division ��di1I1711 100 W. Dania Beach Blvd' DepartmentPlanning
Dania Beach, FL 33004
RE: SPIUNT/NEXTEL
APPLICATION FOR SPECIAL EXCEPTION
SITE #FL2620,FEAPSEAST-=2010NE!'aAVENUE-- __. --.-
Dear Members of The Planning and Zoning Board and The City Commission:
I am writing to you as agent on behalf of our client Sprint/Nextel(Sprint). Sprint is a wireless
communications provider licensed to provide services throughout the State of Florida. ACO
Property Advisors, Inc. is representing Sprint in their site acquisition and zoning work to
improve their network throughout Southeast Florida
As you know, Sprint is interested in constructing a 64' stealth flagpole wireless
communications monopole at 2010 NE 9i6 Avenue, in Dania Beach. We are applying for a
special exception as required per Section 33-308 (3) "Stealth towers or stealth rooftop and
building mounted antennas shall be allowed as special exceptions in the, E (IG) industrial
General zoning district. We are requesting an advisory review by the planning and zoning
board and authorization by the city commission of our special exception use and would
request that we be scheduled to present at the next meeting.
Enclosed in this package is a check for the special exception fee of $3,275.00 and 10 packages
each including a copy of this cover letter, a completed application form, an engineers report
including a structural letter, pictures of existing stealth flagpole wireless communications
towers, a statement of non-interference, a full set of plans including a survey and landscape
plan, a redacted copy of the tease and propagation maps, one with the proposed site and one
without the proposed site.
We offer the following explanations on how the installation will comply with the 14 required
criteria for a special exception use:
(1) The use is permitted in the Industrial District by Special Exception.
(2) The use will not cause a detrimental impact to the value of existing contiguous uses as
the stealth flagpole wireless communication tower will be located on the property which
current has s storage facility on it and abuts property owned by Hertz, Port Everglades
Commerce Center, a parcel currently used to store vehicles and trailers, and backs up to the
Mangrove Pnservatm Area. However SpritrdNextel's lease area is on the other side of the U-
Store-It property closest to the Port Everglades Commerce Center property (please we the
enclosed plawl
(3) The use will be compatible with the existing uses on contiguous property, with uses in
the general arcs and the zoning district whom the use is to be located and compatible with the
general character of the area, considering population density, design, scale and orientation of
strt ttm to the area, property values and existing similar uses and zoning. As far as
population density, that has no effect on the placement of Sprint/Nextel's equipment except
for the fact that there is a gap is coverage as displayed on the before and after coverage maps.
SprintlNextel Is proposing a stealth flagpole wireless communications monopole in an effort
to decrease the visual effect of the monopole. Due to . the proximity to the airport
SprindNextel is limited by the FAA as to rho allowable height of the flagpola The stealth
flagpole wireless telecommunications monopole _will. have_no,ne ve ecs .ort, property_ ,.,. _. _
p � General and Wireless Communications Towers are
allowed by Special Permit. The surrounding uses are a storage facility, a land preserve, and
rental car facilities.
(4) On page CO2 of the attached plans the landscaping and screening are shown as per the
zoning chapter.
(5) Adequate parking and loading are provided This is an unmanned location which win
be visited for Maintermce, once constructed, every one and a half months.
(6) The use is consistent with the comprehensive plan.
(7) The use will not have a detrimental environmental impact upon contiguous properties
and upon properties located in the general area This site will provide better coverage in the
area for 5prinMextel subscribers and will therefore provide E-911 services to those needing
help.
(8) The use will not generate any traffic therefore this criterion is not applicable.
(9) The use will not generate any traffic therefore this criterion is not applicable.
(10) The use will not have a detrimental effect on the future development of contiguous
Properties or the general area as it Will not cause any changes to any property other than the
property the stealth flagpole wireless telecommunications monopole will be constructed on.
(11) The use will not result in the creation of incompatible noise, lights, vibrations, fumes,
odors, dust or physical activities, taking into account existing uses, uses located on contiguous
properties, uses in the general area and the zoning in the vicinity due to its nature, duration,
direction or character. A stealth flagpole wireless communications monopole will not create
or cause any of the items mentioned above. The surrounding uses are commercial.
(12) The facility will require no plumbing or water and a small electric and telephone service and therefore will not be an overburden for existing public services and facilities.
(13) There is existing sufficient accessibility to the property for fire, police, rescue and other essential public services,
(14) The use is consistent with the definition of a special exception and will meet the
standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for this use set forth city commission the zoning code, or otherwise adopted by the
I am looking forward to discussing our application further. If you have any questions or
cone ms between now and then please contact me at (518) 441-6016. Thank you for your
consideration and prompt attention to this matter.
Sincerely,
1_..,._
Ryan P. Conway
Jr. Project Manager
Enclosures
SITE AGREEMENT
Site Name: FLAPS Beer
This She Apesmem (•Arammi-) isent and intoY
a Dekwan limited pubenhip ('lane} owns ael
Site In Mt PUS20D
Nextel SautA Corp.. s OeoryIn corporation ("SprintMexW a "14nsn1'� sad Ustaet r. LP.,
{One Duller (JI.00) and odts wfikiem consideration for mtering into this Apearanl
1. Tremises and Urea Owner owas the property described no Exhibit A .
tepading me DuesDili� Period, to tM provisions ofSados 2 below
(eonsiatin of a u4 Owner least to SprinUNextei this site
a'R�/Ara'S Portion of Owmer's Property) described below (C7iaet og
ll
Lead eoYWkfotyipaximmOY9i3square had for construction at
Q uWarbaaetytkaequipment and
❑ Building Interior consisting of aplasu
foremnwgcfaMlaxa andlor ban stablen ey fu�t Square fed
❑Buildingestaiarggescoeedwue
atingofVFoxi=t* squamfmfor
Plwrtan t of "W" Moor Iepaletion equipment;
❑ Building exterior span tar attachment otante team
❑ Tows span baMaa Ste foe and Nis level on do lower for
atteeMmt of meerbm;
generally In flue laedm*) shown on Exhibit ! scuabed, u wen Y riser,
models and other spas reasonably required nr able ,acne to eenrs n ty equtpmad and aoburss, and 1084 r with all reasonably onclemy nod. axekuive namuamy 0rvebieu w ad psdmwa e<seem tbgepq kwomamt
Glen Wdatround am,ad6......� �I a_ _ _ _
aPCM% ceeemmicatlone aer`vk. ere-itderr, Inehdtn .w. `Pr°'aty at m
utmaY and mkmwaw L without liod"CA
atstlon a dishes,, sit conditioned equipment shellas sawn,
equipment eabiq wiring, Power am= (inchd'mg generator 0ed atone Makal mated equipnerat and structures and, if Applicable to
_,I Site, a anyone ruppan abucNro (tlm'PYiNtia"). Am of fir Peenilin
win remain S*VNaW*s personal properly ad ate not 111". Any vi"
a textual representation of the Facilities on Exhibit H k illuseative only, and
rip net Emit rib dgby of li"U'lVnyl a, provided nor in this APeerrher l
subjaet b Ownat ressaneDk approvaL SprintoNeaaal will use Ole Siea In "Me" which will not to mmnably asturb the oeeupenay of owners other
lanany, if any, SPriaVN" will have unrestricted stew b the Site and she
Paeil+rka 2' Itoaa Per"A 7 days Ps sock.
L Tarn' This Apeeaat becomes eRaoive on the date thubtxk Owner and
SpdnVNaxW have executed thin Ape=== ("Etfactw Date's. Tenant's
lean term shall Commence, if a all, at dss and of the Due Diligence Period on
the Term Co mnmaemrna Dsn, The tam of Tenant's lee sad tenecy, if
any, (die 'Terne) is J Yeue, commencing on the 'Tam Co
Date" which is defined u this earlier tonmemcemetoccrr of (a) the dale this
SprineMextel comrnew cottstruedon ofthe Fuilida; or (b)18 neaemf alter
the Effaedva Date, The Tam will be Interestiwlly extended for J additional
Interest -
cam of J year oak (each a "Extension Tam,% unless Tenant provides
Owner with notice of tte intedon not o extend prior to der expiration of the initial Term a say Extension Term. The Due ween D+figence Period is deftsed as
One betNon ERectva Data and We Tam Comtrweca ent Due During the Due Diligence Period. SIuFtVNextel will be Permitted to enter
Owner's Property to palace surveys, inVccdons, investigations and ratk itohedin{, without limiudon, signal, upa8raphiW, geoteahkal, structural
and erhonmeW lay, as as reasonably necessary to deVim(ne the pkyaial
condition, suitability and fwbiliy of the Site. If SprintlNaxul detmwnea,
iwan iyor discretion, what the Site is nor appropriate for SprinVNexW's Intended
( if SprinVNatd otarwise decide, for any resson a no reuon, not to
camroeta the Term), the* SprinVN"W racy taminare this Agreement upon
notice to Owner at any time prior to the end of the Due Diligence Period
Owner acknowledges tut, prior to the Term
S"AnolexW has limied e hip Of control Data,
n of Owner's access to, but on ownership or caned he any
properly and that Sfe+nVNaW't access Burin{ the Due
.:ace Period than nor came SPrintMextel to be considered an owner or
operator of owner's Property or the Site for purposes of environmental lawx
or otherwise
Dora and Starting on th dale that is 30 days after the Term Commencement tint day of every month thaeaQa; Tenant will pay rem in
Rev. 01131f2o0d
advaaa In equal monthly insnliments of
Extension Tam win be increased on the Aral~ The hero Teforrm
each
wof the monthly a annual kwbBmad of rani EttfaWhekun Tars by
us
Tenn Or RXIC rlon Tam If the Extaneion Term commences
odurin
OSs previous
titan the $rent dayof a calendar month,o"01eMa on any day mho
fine day of the that than du rant will not inaaY until it*
calendar mm�O fo0orrirtg the camaaaamenl of crab
da t frog Tan Rent he retry partial mantic win ire ptontod bated upon a 3n.
obligationnnertls. .NeeMiAmngkeg anything contained In title Section, Tenant's
W.9(ennt Y rem is contingent upon Teant'e recalpAsA N tax identification t of a Bt9 approved
person or wily seeinto whom rent checks an m ba n of Owen or of the
w7itlas directed in
Ownss d lhalL by Ram will be sent to rile addrwsahowa uundamath
puree.
/. Title and Qakt Peaus,16e. Owner raprosey end fimhs avwrtnY to Tenet and
gree Nan (a) it is this owns of Owaa'e Properly, (b) ithY right' of
Toadwsy to the Sit, whkb aunt ai and vehicular uoea lines the MMU public
eta Into dais Apaqueut e permitted b sera; (e) it has the right to
wehaiy toslgq lso Taunt) thetMas nNInt this ApeAlianaat limsehalt andthe
to
quit powaWor of th Site throughout she Wildled Is sect" Tam apg yell Extension
.... _.... Taw, In,, uTauY kaY M dehuN-YaSouF tlmr
or cum 11011104 sad (Q Owner will One: have e��OgOo any ius or to the Facilities except In the cap of wa+pY, An steep b the Sib or
defined a tars a boo of this folb may' he e tlwn d I Shen be
Imminent
risk Officiate a kVury to t(iug evenly: (+) when rhea te ImmInatt
persons; I a , whom dtea ions claw and present risk
to cal a penaW properly. N tle evert of an snag loW. Owner
shall
promptly naft Team it the en sill y appals Fb be caused by the Tenant
umitles, or, is the set Owner detenrdnes tltef it is necessary to ralotau an
or a portion of the Taunt Facilities dun to such emergency. is the eve, of
such emergalay we= to the Promises by Dram. Owner am] not miter,
dsmge, rteove, disrupt an oil. adjust or ottawdae IQ or
impair the
continuous opaadoe of the Ten al Facr7idee, unless tha emergency so
reguira, In owner's ftasonable Judpmtl
S. Auiga•yas ftbUMag. Tenant will not wigs or transfer this ABraemant
or sublet an a any patios of the Sib without the prier written consatt of
Owner. which cornet win not be unreasonably withhetd, conditloreed o
delayed; Provided, however, that Tenant will have the right, without i notice to
or
or comet of Owner, to wblesse (or oaherwisa transfer or allow the use of) all
a any portion of Oa Site or estign ty rights under this Agreerrent is whole or
in par to: (a) any entity controlmn{, controlled by or under common control
with Tenant (b) any entity acquiring substantially all of the assets of Tenant (o) vieauy Body dot is authorized to sell telecommuniatioa pmduata or
sera under the "Sprint" or "Sprint PCS" or "Nextel" bred name or any
successor brand names) or other bred nxma(s) used or licensed by Taaant's
parent corporation Moonset Affemato"); of (d) any successor enti,y in a
merger or consolidation involving Tenant' owner will not be ent,d to any
additional rent or other tea for its review or approval
i. Notices. All outlets must be in writing and are effective only when
deposited in the U.S. mil, certified mail, return receipt requested and posyga
Prepaid or when sent via ovemight delivery service. Notice to Tenant are 10
he sat to: SprinVNexral Property SeMccs- Maiisop KSOPNT0101•Z26J0,
6391 Sprint Parkway, Overland Pak, Kansas 6623E •26J0. with a mandatory
copy to: SprinVNextd law Deparnank Maiistep KSOPNT0t0andatory
6391 Sprint Parkway, Overland Park, Kansas 662JI.2020, Atm: Real 202
Attorney,
anew it a Mandatory copy to: Sprint NQxW Aapetty S l Estate
6125 Road, Suite 10g, Chuktte, NC 28269. Notices to Owner
mule be set to the address shown underneath Owner's signature.
7. improvements' Tenant my, at its expense, make inprovemmy on and to
the Facilities as it deem necessary or desirable from time to lime for the
Operation Ofthe Facilities. Tenant may
improvements on and to the Site with owner, ' at 'to exPense6 also make
be uwritten consent which sham not
aasonebly withheld, me Tenant dam necennry or desirable from time
to lima for the operation of the Facilities Owner agrees to cote with
Tenant with respect to Obtaining any required zoning or oopera
thes govannantel
approvals for the Site, she Facilities and contemplated use thercofu no
east to
L%
Site Nam: FLAPS East
Site ID #: FL2620B
Owner. Upon him"'Atioo OF opinion of Ibis Agreement, Tenant will
remove theAbays-gmnd Facilidek snd will remove any foundation down to
e foot below grade kvat and ttpdr An damage to the Site caused by the
"Italian Or removal of tie Focnifles, reasonable weer and tear and loss by
casually Of other torso beyond Ternt's reasonable control excepted.
L Compliance with Laws. Owen represents. and warrants to Tenant that
s (Inchulingus in ubatant"lel eompllarce with Mdlding, Slb/a4v lye, disability to land ogre
laws. codes and regulations of applicable governmental sudnoridee, Tenet
will substantially comply wide an applicable laws relating ea Its Possesdon
and useof the Sita
!, Intergaeats. Tensor *Is resort lecheieel intrfermas lrroblaw that tbs Fadlitln might cause with ( mother tyuillovent totaled 41 the Site an the
Enect'" Desk Or 00 wbm Tenant dedroe to add additlmW Facintl= to the
glsr any equipment dent became mllclW to the Site between the EffactivS
Dose Sod meal Mats dale, Lntawlas, Owner ruin not Parma or suRr am
Installation of may equiprep on Owasest Reperty after the Effcdw Dos
that (a) results b my masrlel echakal het of to pie Efhlems with the
Faculties, r(b)enerch=ab drSita
Ili. UdU*L Owner nFumto And warrants to Tenant that an utlHtits ad" fr Tnnl'S Inhaled sea of dd Site am available at or aer the Sits
Trent win Pay for An sedation wood by it at She Sian Owner ]ayes so Tenant and tits beat utility cmpmise (a oppmptlw) any Mwasav nt(s) reaaTenhy Mutrsd by Tort ortie uuly compria in ondr toprovib ut171b Service
rquhed by Taonl fall letaded era of tie Sit thsaougbsut lee bnidel Tame sad each 8xtmdem Tm ,ray Owns wig execute, a ono oft to Tenant or the
utility eomRair, my lnat ql) reasonablynecessary is eridance such Opt& H dwo as a lea at electrical service at ON Site. Tent may, at its
-- f°xpensownteaavan"-n atdwatosma-irsovil"leoragrtadrrathat-Saii
s Proper la 141cant the Sits.
11, Trndoatlee. Nobsi immiling any providon contained he
Agreement 10 sty
diyretlon and sly �dme• Tenans nay, in Tenant's ale and absolute
any ad for any or no resort, termdre,me Agreement
"how father Nobility alp days arse delivering written notice to Owns,
( net ekes a temirs this A If
gal TO l ago Ue 7erm Corramnancement
.mte but prlr b tllo mid of the Initial TsitR than Tenant will pay to Owner It
rmmirtin in in she amount of throe (3) montis rot ('Temtbnadoa Fee"}
Notwithawaing the foregoing, no Termination Fa will be due it Tames
election to 10n i to is bard on my of dos following roan": (1) Owna'i
fsibm otproper ownership Of mtkorhy a other default by Owner, (a) failure
b absin or maintain any Ikmu, panik approval Or Authoriation through on
fault of Tenan4 (3) any pardon of de Site r sM Facilities # damaged,
dcondemneda r
destroyed. condemned mfered in lien of eondemnatlon; (4) the Site r IN Facilities becomes; inappropriate fa Tenant's operdtse because of
txchnologieal reoar. including, without nmitadon, signal inserfereea
1 L Default If either party is in default under this Agreement for a period of
(I) dean (15) daya rogowing written notice for any momnry default or (tin P", then days fallewins receipt of written notice from the non.defauidns
Parry, the nondehubing patty may pursue my remedies available to it against
the eto tertang Patty cat taw and in equity, including, but not limbed to, the
right .b dnW this Agrcemml It non.monetaay deraule canon reasonably be cured within s ]Ochry period, the Alinement my tot
t beterminated if the dehuldng party' aomrcaca action to titre the default within
the 30-0ay Period and proceeds with due diligence b billy Cure de default,
13. Indemnity. Fxeept wish respect to HItzardoss Substances, which are
defined and provided der in Section 14 below, inOwnr end Tenant each
bmnses end agrees to defend the other against and holds the other
harmless goal any and all costs (including reasonable sitomeys' fetal darraga. clairm of liability And tosser (coneadvey, "Claims') which arise
out of the negligence a Intentional misconduct of the indemnifying Pony, its
agents or contract=. This indemnity is subject to the waiver of recovery in
Section 17 below. and does mot apply to any Claims arising gay the
nestigmce or intentional misconduct or the indemnified party, its ages or
Vsn. TM indemnity obligation under this Section wile survive
edam 01 eats AFecmrr
14, HAardoa Substanen Owner represents and warrants to Tenant that it
ha no knowledge nor notice of any sabstance, chemical or waste oil or
hazardous material on Of affecting Owner's Properly that is or becomes
sdendRed a hazardous, toxic a dangova in any Applicable fetish, state or
local law or rcgolatfoo (colleadvdY. "Hazardous Subseence'
a" nL¢Inru
NotwiiNtanding any Provision contained in this Agreement to the contrary,
and subject to Tmente due diligence. Own= will have sole responsibility for
the idendnelliatr, invcsflPdon, monitoring and tarcdiadon and cleanup of
any Hazardous Substance discovered
p
to indcrtnik defeed AndnhoWhermleas Tenant from my and allClaims,
relating b any Hazardous Substance present on a+grating Owner'4 property
Prior to Or on the Term Commonceme t Dal% unless de presence or relase
of the Hera "M S "Wu locaused by the actividesof Tenor to the event
of a rleass as the Prentita of any Haardow Substance by [andWrd.
Landlord agrees to Campy with an applkabld6wn tliteo and regulations and
to no"' Tenant kma:diasly of she nahn of suede releaser Tenant will notiilirbdeocs Or use any Hazardous Substances on tin Site in violation of say
Applicable law. and Tenure will Indemnify, defend and hold humlaa owner
from and against an Clehn arisles out of Ternt's breach of lads unftm
Owner lopsaate time it win not bring to, trnapor across, dispoa of,
introduce or car Any Hazardous Substance a Owner's Property in violation
Te any Applicable mit law. end Owns win lodtmily, defnd and bold harmless
Tent goon and apbut an toss (tackmdbg reasonable amornsy's gets) Sad
claims awns out of Owwa brracb of this aarng, The pmvlsion of thb
Section ruin apply As at the Eilbctive Dab, Tim Indemnity obligations under
ode Satlon win sw4ve tandrde s of this AgrcmnR
IS. Subordinating sad Nsa-Dlabrbaaoa Tip Agreement Is subordim s to
arty 00%W or deed of bun of roeord Itself! tbs Site a of the Effective
obtain
a �laathor allies Agreement is fully axeeuled, however, Owner will
dean ilr holder of Wmwd t in 0 Mrtri reasonably"loble to Tenant
any mortgage or deed of setae
Id, nhrpary Team. Tenant win pay Owner any increase in Owner'S sal
_ PrOP"adstaxa� does ay nd soley attributable te Improvematb tiLthe
bf OwwrinstytpgypHtpT3deTueney,aA-proPorgbx.so -..
and "Numeee attributable to Owns's Property. Within 60 days altar
recolist of widen of Owners payment and a cmm4knad Tax lsenate Workshoes in lie farm of nshlblt C ateehed, Trent win pay to Owns any
increase In u Owner's s di property teats which Owmr aemosmtrnam to
dslo lay T le diroetly and solely aroawuteble b my lemprovemene
b the Sita made 6y TenanR
will 1 tones" DoiAycommercial Initial Tenn and an Extension Term, each perry
wi not tar them maintain
general liability ifurmc0. with ramie
of not
0lea M000 combined single limit per oeCunenos, And
such poetry. Wr%gttNft days afteAnd Win rwake the other party an additional hmumd on
Pay. each pry wig provide the�lyt of n wdhn with
dot the other
Insurance evidnein ug& Part with a each
pastate of
have the g � required covmga Allemadvely, eacA parry win
option of providing the requesting party with evidence of such
coverage electronlullY, by Providing the requesting party with a Uniform
Resource locator ("URL'T rank to &tests such putyy Memorandum of
insursom websi 1, Each parry win caua each imuranos Policy obtained by it
b Provide Out the ineurseas Company waives and rights of recovery by
subrogation Sga'vma the otherPry In connection with my damage covered by
the Policy. Each parry we've# its right of recovery against the other for any
1035Or damage covered by any property insurance policies mItinuined by rim
waiving Parry.
IL Malutesenea Tenet will be responsible for repairing and maintaining
the Facilities and my other improvements installed by Tenant at the Sit, in a
proPr Operating and reasonably safe condition-, providedho repair malntenAnce is required law to. wever. if any
eaenuC rho acts r omissions of Owner, its , ontrctor r employees' Owner will promptly reimburse Tenant farthe reasonble costs incurred by Tenant to resbre the datnaged area b the
condition which existed immediately prior thereto. Owner will areastt repair an other Poston, of Owners properly in a properpropera maintain
red
and
seasonably safe condition.
19- hfirellastsue, (a) This Agreement applies to and binds the heir,
"'Carron; executors, administrator and assigns of rho Pardee 10 thin A&rament; (b) this Agreenaut is governed by she laws of the sus in which
the Silo is located; (C)Owner and Tenant IV" 10 promptly tile
In and
deliver tonan
vTama S rccrbbte Menenndutn of Agreement in the farts of
Exhibit D. anuha; (d) upon mot lea than twenty (20 days Prime written
node by either parry, the non-requ=dns Arty shag execute, acknowledge
and de0va so the requ=ring Pay. no mare than twice a year. a statement
terrifying to the requesting parry (ace Estoppel Cenincae) in writing only that
Agreement
deses is unmodified And in Port force and egret, o , if modified,
cribing such modific811101 ) and gut the requesting party is not in ddmly
except a specified in such StatementThe Ettoppet Cmificas shad hilita
rer ronh the Tema or Exrendon Ter, of die Agreement the current ,eqt
Site Nww: FLAPS East
Site ID #: FL2620B
imowd aril whether any rent has been paid in advance: (e) this Agreement
(including the Exhibits and Riders) constitutes the entin agreement between
wdd and supersedes an prior wrinen and vow agrwneNe,
cretttadtuu, Promtsw or understandings between the parden• Any
-sentiments to this Agreement sent be in writins and executed by both
P&*g (Q if lay Prorislon Ofthis Agreement is invalid or unenfoteable with
respect to eny Pang. the lemtinder of this Agretenentt or de appliatian of tha
Provision to Perron ether than Use Y to whom d is held invalid or
uoaefarcabls, will sat be aftled ad=h proviston of this Agreement win
he valid asd enferwble to do fbllsst atent Perminsd by law, and (g) do
Pm'anins Pant to my actin or promeding in court or mutually agreed u
pon
adtitradon procadins to sedwa a' terms of this AFUnN t is entitled to
twelve Its tenon" &N-or"' few end
other aonable enforcemeot cons
and expertsa flan the nonpevailingputy.
SR Non-Bladlag Us* pay [xan ta& Tits Agraarent is fir dtaeunios
PwWM wdy and does not ON*** a MnrW offer by either parry. This
Apeulml Is net W cots not be btadias on titer party until and unless ft is
fi! ly exaentd by bah parties.
Tba following BxNbgs and Riders an utabd to end made s pan ofthis
Agreement: HcblblMA. B. C, end D.
OWNER:
U•St"6 T, LP., a Delaware Retihd partnership
By. U•Swwb Trwkits Oates) pub w
Nam o s
rd« TIeaea, SeAlor V4c.e pletislate P
Date: 9-n?-v`
TaxpaywlD: 74•I437071
Adds "2 674S Engb Road, Cleveland, OH 44130
Witness oBabaR r•T(; S'�'l Phan �•wie,ho(S
Signutue:
PriatNamr. /
Signature: twit-"N'
Print Name: b ,r 10 NOWT lr.r
EXHIBIT A
TO SITE AGREFSMNT
TENANT`.
Nexiel South Corps ()corgis corporation
By
Nano: David Wang
Tide: Area Manage, Site a tent
Deter•.--d.-�
Witness to David Wong:
Signature:
Print Nam
Signature:
Print Nam
ew ninint"
Site Nam: FLAPS East
EXHIBIT A
TO SITE AGREEMENT
Site ID N: FL2620B
Legal Description of Owner's Property
The Ownef's Properly is located at 2010 NB 9° Avenue (alk/a 2010 NE 7* follows: Avenue), situated in the City of Dania Beach, County of
Broward, State of Florida conunonly deacriW ss
G_ 2-
A patina of parcel "A" and a portion of Parcels
COMand "C : PORT EVERGLADES
MERCB CENTER, according to th0 plat thereof, ea recorded in Plat Book 122
- - - P29n33, of the Publis Reeords-of
portion of the vacated road adjacent to said PORT EVE RGI ADE9 COMMERCB
CENTER, described as follows:
BEGINNING at the Southeast comer of said PORT EVERGLADES COMMERCE
boundary
CENTER; thence South 020 0211 I"East, along the Southerly extension of the Fast
the Centerline of thesaid Racated rRoadGBiadjning ENTER, 7.50 feet to a Point on
oundary of
EVERGLADES COMMERCE CENTER (VACATED BY CM O DRANIA
RESOLUTION NO.30.2-84); thence along said Centerline South 88e04'20" West,
751.16 feet; thence North 15°52'S2" East along a line 4.50 East of and parallel with the
West Boundary ling of Parcel "A", 405.44 feet, thence North 88*06-43" East, 626.43 feet
to a Point of the East Boundary of said PORT EVERGLADES
_ thence along said East Boundary South COMMERCE CENTER;
Beginning. 020 02'11" East, 378.06 feet to the Point of
Rev. anhaoK
Site Name: FLAPS East
Site ID #: FL2620B
UMBIT B
TO SITE AGREEMENT
Site Flail
The Site is described as follows:
Insert Site P11o:
��_�� d
.Splint' ouiuN FCT M,Y°Aas�' ..
Y' BUCost 4
�.r . •.�a�.. SPRWr-NFMa/P1.7eZpe
Note: Owner and Tenant may, a Tenant's option. replace this Exhibit with an exhibit setting forth the legal description of the Site, or
m as -built drawing depicting the Site. Any visual or textual representsCom of the Facilities setting
is illustrative only e and does not limit the
rights of Sprint/Nextel as provided for in the Agreement. Without limiting the generality of the foregoing:
I • The Site may be setback from the boundaries of Owner's Property
2. The access road's width may be modified as required P as required by the applicable governmental
3. Without limitin by governmental authoritl g ernmental authorities.
g Tenant's right to make future change; T including Police and fire deparmtents.
coaxial cables and three (3) GP3 si g Tenant Mends to initially install up to twelve (12) antennas, fifteen 15
illustrative omly; actual ea B� units and coomectians (the type. number mounting positions and locations of ccch(I
are
"he locations of any access and utility easements are illustratiunting positions ve'o�nlaons May vary from what is shown or described above).
servicing utility company in compliance with local laws and regulations. Actual locations may be determined b
y Tenant and/or the
aer. 0113112006,
Owns initials:_
Tenant rnw.u.
Site Name: FLAPS East
Site M N: FL2620B
EXHIBIT C
TO SITE AGREEMENT
Tax Increase Worksheet
When Owner's real property tax is increased due directly and solely to improvements to the Site made by Tenant, this
Worksheet must be completed and returned to Tenant together with a statement requesting reimbursement of the
Parkway.
and all necessary �. Kansaabills to: 66251- 650,QAttentioexteln op Services, Mailstop KSOPIITO 101-Z2650, 6391 Sprint
Parkway, Overland P
directly and solely attributable to improvements to the Site perry Tenwea Owner must validate that the assessment is
made by'1'enant,
Site ID #: FL262011
Site Addresa/Descdption:
Tax Jurisdiction Name (County/Town):
Tax Jurisdiction Parcel #:
State:
___Aasesa O mu$Lpvaluers dire tl atpl solely attributable
any utleeave in OwfifrTpiroPe�% a.tnclgdes a breakdown of what
portlon of value is directly and solely attributable to in
equipment on the Site.
Year Increase Occurred:
' *arket Value Prior to Sprint/Nextel:
r .rket Value After SprintNextel:
Portion of Market Value Due to Sprint/Nextel:
Assessed/raxable Value Not to Sprint/Nextel:
Assessed/Taxable Value After Sprint/Nextel:
Portion of Assessed/Taxable Value Due to
Sprint/Nextel:
Property Owner must attach copies ajall tax bills/statements and receipts beginning with the year prior to the year the
increase occurred due to Tenant's improvements.
Ra.01/31n00&
Owner lni :
hwnt Initiai,ls1s: 411e—
Site Name: FLAPS East
Site ID p: FL2620B
EXHIBIT D
TO SITE AGREEMENT
Memorandum of Agreement
This*Ag Memorand ate of Agreement ("Memorandum") dated 20_, evidences that a Site Agreeatent (the
"Algeement dated
Delaware limitedpartnershi Owner ( h Corp.,�� �' was n� and entered into between U-Store-lT L.P, a
P ( and Nextel South Cot., a Georgia Corporation ("SprintlNextel" or "Tenanel, '
Agreement
rovides
2010 NB SO AvAvenue is part that 7'h Avenue), Wenel has the right B enter upon certain real Property owned by Owner and located at
Avenue (altda 2030 NB 7 Avenue), t�ty of Dario
Agreement (the "Site') fer the purpose of performing Iavad &doaa and Countyewk ��� State of Florida, as blather described in the
for the purpose of installing, operating and malatsi»irtg a comma and low vA upon ROding the Site appropriate, to lease the Site
described in Hxhibit A attached hereto. facility and other improvemeah. The Site is Rather
The term of SpriruWextel9 lease and tenancy under the Agreement is 5 years tour aeucing days after the start of (30)
construction of the Facilities (as defined in the Agreement) or eighteen (I8) months following the E tlaitty (30ffecti) Data, whichever fuss
occurs ("Term Commencearent Date'l, and is subject to 5 renewal term of 5 years each thst maybe exercised by Tenant.
The parties have axecuted this Memorandum as of the day and year first above written.
OWNER:
WtOWIT, LP., a Delawwo gmited pRrWM h1P
By: U-Saas-It trait, its General Puarer
Nuns: Roberti'. Anwell
Title: Treasure
Address: 6745 Engle Road, Clevcinnd, OH 44130
SPRINTINEXTEL:
Nextel South Cap., a Georgia corporation
By.
Nara: David Wong
Title: Area Manager, Site Development
Address: 851 Trafalgar Ct., Suite 300E, Maitland, FL 32751
SprintMextel Property Services Hotline•. 800-357-7641
Rev. OIAi4006.
Owner Initials:
Tenuulnidals:_/-\- .
Site Name: FLAPS East
Sprint Site ID #: FL2620B
VNER NOTARY BLOCK:
STATE OF
COUNTY OF
BEFORE MB, a Notary Public in ad for said County and State, personally appeared the above named U STOItE.IT, LP., a Delaware
limited partnership, by U-Store-It Truer, a Maryland real talus investment truer, i4 denerd Palmer, by a Robed J. Amsdell, i4 Treasurer, who
NWAckthe ledgedtoo se that he did sign the foregoing instrument os behalf of said limited partnership and that the sane is his free ad and deed as such officer
NW the free act and deed of the tntal and the limited pertnanihip,
IN WnNESS WHERPAF, I have hereunto set my hand and official seal at Cleveland, Ohio, dds __day of
2006.
Notary Public
SPMT/MXTEL NOTARY BLOCI :
-- SPATBOP _.�......
COUNTY OF
The foregoing instrument was (choose one) []attested or Qaclowwledged before Ins this
2006 b David Won as Area Manager. Site Development, day of
--------� � Y 8. ge pment, otNeatel South Corp, a Georgia corporation.
(AFFIX NOTARIAL SEAL)
My commission spires:
Law Depa PC Does 77251 v2
(OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC STATEOF
(PRINTED, TYPED OR STAMPED NAME OF NOTARY)
Florida Department of Transportatiop),-
CHARLIE CRIST
GOVERNOR
Ms. Nichole Davis
Sprint Nextel Corporation
851 Trafalgar Court, Suite 300E
Maitland, FL 32751
AVIATION OFFICE
605 Suwannee Street, M.S. 46
Tallahassee, FL 3239"450
CERTIFIED MAIL
February 21, 2007
Re: Aeronautical Study #2006-ASO-6072-OE
Broward County, FL
Dear Ms. Davis:
STEPHANIE KOPELOUSOS
INTERIM SECRETARY
We have received notice from the Federal Aviation Administration of your proposal to construct a flag pole with
an antenna in the vicinity of Ft Lauderdale/Hollywood International Airport, Fort Lauderdale, Florida. in
accordance with Chapter 333, Florida Statutes, the Florida Department of Transportation has jurisdictional
responsibility for this site location to issue or deny an Airspace Obstruction Permit for the erection, alteration or
modification of any structure exceeding federal obstruction standards, as published in Title 14 of the Code of
Federal Regulations, Part 77.
Enclosed is a State of Florida Airspace Obstruction Permit Application along with a copy Chapter 333, Florida
Statutes. Please complete this application for your proposed structure and return it to this office, along with the
required supporting documents. By statute, we will act on the application within thirty (30) days of receipt.
For additional information, please see the FOOT web site www.dot.state.fl.us/aviation. This form is available
electronically at http://formserver.dot.state.fl.us/capture/. If you have any questions concerning this procedure,
please contact me at 850-414-4514.
Sincerely,
K� -\
Aaron N. Smith
Airspace and Land Use Manager
Enclosures
cc: Mr, William J. Ashbaker, P.E., State Aviation Manager, FOOT Aviation Office
Mrs. Rebecca Mainardi, Aviation Coordinator, FOOT District 4
Mr. Stephen Wilson, Airport Planning, Ft Lauderdale/Hollywood International Airport
Ms. Evangeline Kalus, Senior Planner, Broward County
Mr. Laurence Leeds, AICP, Growth Management Director, City of Dania Beach
www Aot.state. tl.us