08-1957 Site Lease Communications Agreement - South Water Plant

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COMMUNICATIONS SITE LEASE AGREEMENT (TOWER) This Communications Site Lease Agreement (Tower) ("Agreement") is entered into this ;2 (I~l day of ['", k\) <I" , 2008, between the City of Casselberry, a municipal corporation, with an office at 95 Triplet Lake Drive, Casselberry, FL 32707 ("Owner"), and Royal Street Communications Florida, LLC, a Delaware limited liability company, with an office at 2435 N. Central Expressway, Suite 1200. Richardson, TX 75231 ("Lessee"). In consideration of the premises and of the mutual obligations and agreements in this Agreement, the parties agree as lollows: I. The Propertv A. Lessee hereby desires to lease a portion of Owner's real property (the "Land"), together with the water tower space (the "Tower") located in the City of Casselberry, County of Seminole, State of Florida, more commonly known as 100 Castlewood, (the Tower and Land are, collectively, the "Property") as shown on Exhibit A, lor antenna placement a right of access and utility casements, if any, and a right to install equipment cabinets (collectively, the "Premises"). The Premises, which is the subject of this lease, is located within Owner's Property, is approximately two hundred twenty four (224) square fcet plus space on the water tower, is more specifically described as a two hundred twenty lour (224) square feet parcel of land plus space on the water tower, and is situated substantially as shown on Exhibit "B"". Lessee may park its vehicles on Owner's Property when Lessee is constructing, removing, replacing and/or servicing its communication facility. B. Owner and Lessee hereby agree that the Premises (including an access right-of-way thereto) may be surveyed by a licensed surveyor at the sole cost of Lessee. 2. Lease and Easement Owner leases the Premises to Lessee and grants to Lessee, Lessee's employees, agents, subcontractors, and/or lenders, a non-exclusive easement (during the term of this Agreement) to access the Premises seven (7) days a week, twenty lour (24) hours a day and to install, remove, replace and maintain utility cables conduits and pipes tram the Property to the appropriate (in the discretion of Lessee) source of electric and telephone facilities. 3. Term and Rent A. The term of this Agreement shall be five (5) years commencing upon construction of Lessee Facilities or one hundred eighty (180) days from full execution of this Agreement whichever first occurs ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date (the 'Term"), unless otherwise terminated as provided in paragraph 5. Lessee shall have the right to extend the Term for three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and EXECUTION COpy