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20-3188 Land Lease Agreement Cellco Partnership dba Verizon Wireless
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20-3188 Land Lease Agreement Cellco Partnership dba Verizon Wireless
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9/10/2020 8:44:04 AM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
8/24/2020
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As of the Effective Date and subject to the provisions of Paragraph 36 of this Agreement, LESSOR <br />also grants to LESSEE the right to install the COW, and a power source to the extent necessary in <br />LESSEE's reasonable discretion, on the Property in a location reasonably agreed upon in writing between <br />LESSOR and LESSEE, and the general contractor engaged by LESSOR to complete the removal of the <br />Lessor's Tower and restoration of the land thereunder (the "LESSOR's General Contractor"), until such <br />time as the COW is required to be removed in the Government Approvals or 6 months after installation, <br />whichever is less. Notwithstanding the foregoing, the parties acknowledge and agree that LESSEE <br />currently has certain equipment located on the LESSOR's Property and until the Removal Date, LESSEE <br />shall be permitted to access, use, and maintain any and all of LESSEE's equipment currently located on <br />the LESSOR's Tower and on the LESSOR's Property in compliance with the terms of the Initial Lease. <br />2. INITIAL TERM. This Agreement shall be effective as of the date of execution by both <br />Parties ("Effective Date"). The initial term of the Agreement shall be for 5 years beginning on the <br />Effective Date. <br />3. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional <br />five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR <br />written notice of the intent to terminate at least three (3) months prior to the end of the then current <br />term. The initial term and all extensions shall be collectively referred to herein as the "Term". <br />4. RENTAL. <br />(a). Rental payments shall begin on the Effective Date and be due at a total annual <br />rental of $28,000.00. The annual rental payment shall be due on the anniversary of the <br />Effective Date for each subsequent year. Annual rental payments shall be made to LESSOR at <br />City of Casselberry, Attention Public Works Director, 95 Triplet Lake Drive, Casselberry, Florida <br />32707 or to such other person, firm, or place as LESSOR may, from time to time, designate in <br />writing at least 30 days in advance of any rental payment date by notice given in accordance <br />with Paragraph 20 below. Commencing on the first annual anniversary of the Effective Date <br />and on each annual anniversary thereafter during the Term and any extension term, the annual <br />rental shall increase by an amount equal to three percent (3.0%) of the annual rental due for <br />the immediately preceding lease year. LESSOR and LESSEE acknowledge and agree that the <br />initial annual rental payment may not be delivered by LESSEE until at least ninety (90) days <br />after the Effective Date. Upon agreement of the Parties, LESSEE may pay rent by electronic <br />funds transfer, and in such event, LESSOR agrees to provide to LESSEE bank routing information <br />for such purpose upon request of LESSEE. Should the required annual rental payment not be <br />received by LESSOR on the date due, LESSOR shall provide LESSEE with written notice, at the <br />address provided in Section 20, that the annual rental payment is past due. Any rental <br />payments not paid by LESSEE to LESSOR within ten (10) days of the date of LESSOR's written <br />notice shall incur a late payment charge of five (5) percent of the amount due. <br />(b). For any party to whom rental payments are to be made, LESSOR or any successor <br />in interest of LESSOR hereby agrees to provide to LESSEE (i) a completed, current version of <br />Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and <br />local withholding forms if required; and (iii) other documentation to verify LESSOR's or such <br />other party's right to receive rental as is reasonably requested by LESSEE. Rental shall accrue in <br />accordance with this Agreement, but LESSEE may not deliver rental payments for up to 90 days <br />after the requested documentation has been received by LESSEE. <br />2 <br />
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