20-3188 Land Lease Agreement Cellco Partnership dba Verizon Wireless

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SITE NAME: Casselberry Water Tower Relo SITE NUMBER: 380626 LAND LEASE AGREEMENT This Land Lease Agreement (the "Agreement" or "Lease") made this q+'(I day of uoeLrj�__ , 2020, between City of Casselberry, a Florida municipal corporation, with its principal offices located at 95 Triplet Lake Drive, Casselberry, FL 32707, hereinafter designated LESSOR or "City" and Cellco Partnership d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." WITNESSETH WHEREAS, the Parties (or the Parties' predecessors -in -interest) are parties to that certain Ground Lease Agreement dated October 4, 1996 (the " Ground Lease"), as amended by that certain First Amendment to Ground Lease Agreement dated August 20, 2013 (the "First Amendment" together with the Initial Lease, the "Initial Lease") whereby LESSEE's predecessor -in -interest leased certain space from LESSOR on LESSOR's water tower (the "Lessor's Tower") for LESSEE's Equipment (as hereinafter defined); and WHEREAS, LESSOR desires to remove the Lessor's Tower and permit LESSEE to install a temporary transmission site or cell on wheels (a "COW") on the Property to conduct its business and transmit frequencies until such time as LESSEE's construction of its Tower and LESSEE's Equipment (as hereinafter defined) is complete; and WHEREAS, the Parties desire to enter into this Agreement to permit LESSEE to construct its tower (the "Tower") and install LESSEE's Equipment (as hereinafter defined) on the Property. NOW THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. GRANT. In accordance with this Agreement, following the date LESSOR removes the Lessor's Tower (the "Removal Date"), LESSOR hereby grants to LESSEE the right to install, maintain and operate the Tower and LESSEE's Equipment (the "Use") upon the Premises, as described in Exhibit "B", which are a part of that real property owned, leased or controlled by LESSOR at 2225 Hunterfield Road, Maitland, Florida 32751 and more particularly described in Exhibit "A" (the "Property"). The Property is legally described on Exhibit "A" attached hereto and made a part hereof. The Land Space is a portion of the Property and is approximately four thousand, two hundred twenty-five (4,225) square feet, and are shown in detail on Exhibit "B" attached hereto and made a part hereof. LESSEE shall have the exclusive right to use the Land Space for its Use. LESSEE may survey the Premises. Upon completion, the survey shall replace any Site Plan set forth in Exhibit "B". Further, the parties acknowledge and agree that Exhibit "B" may be modified as required by the applicable Governmental Entity issuing the Governmental Approvals for construction of the Tower and any such modifications to Exhibit "B" shall control. If any such modifications result in an increase in the Land Space, such modifications shall also be approved by LESSOR in writing. 1