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44335 (3)Date Legal Desciiption Historically Designated Yes No Owner/Lessee /Tenant \A; SV\erke-S e i4ir€12,11 -- 6 j 4 Master Permit # 9 33 Ownees Address G7 0 2 Square Ft APPROVED: Zoning Mechanical Ai 4 PERMIT APPLAVION FOR MIAMI SHORES VILLAGE Job Addressrna G S Tax FEE° 322. oC 0 /" 7 - Oe Contracting Co. Add .\c.,S U M L 3 3/22 chinlifier o L \Iasi& SS# Phone C 2 4 4 State # Municipal # Competency # Ins. Co. ilte.e&o.e...r Architect/Engineer %JO Address t Bonding Company Address Mortgagor Address Permil Type (circle one)6111ILDING , .1 .1 1374tr UMBING MECHANICAL ROOFING PAVING FENCE SIGN WORK DESCRIPTION 10 0 Ar 1 RADON Building 711 Estimated Cost (value) 20 MO WARNING TO OWNER: YOU MUST RECORD A NOTICE OF COMMENCEMENT AND YOUR FAILURE TO DO SO MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY (IF you INTEND TO OBTAIN FINANCING, CONSULT wriu YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.) Application is hereby made to obtain a permit to do work and installation as indicated above, and on the attached addendUm (if applicable). I certify that all work will be performed to meet the standards of all laws regulating construction in this j • •ction. I understand that separate permits are required for FLECTRICAL, PLUMBING, SIGNS, POOLS, ROOFING and MECHANICAL WORK. AVIT: I certify that all the foregoing infomiation is accurate and that all work will be done in compliance with all applicable tion and zoning. Furthermore, I authorize the above-named am actor to do the work stated. wuctottt Plumbing nnpneerm - Builder •CP P414' QF t74, Z4 CC79831S . S9 PM MI:AMON E Mat c• DEC. 2002 C.C.F. lge NOTARY BOND AL NOTARY SEAL 0 tnARI.NOM SALAZAR 2 ,R.9 ca=ssion tatmusR a.r Date Date IYVII1t.0 VI' cii.V /VIIYtc111 A► RECORDED COPY MUST BE POSTED ON THE JOB SITE AT TIME OF FIRST INSPECTION 99 R 118537 1999 tiAR 08 13:43 11T rsI.O. TAX FOLIO NO. 1 1 320C -- u 19* — 1410 • "E OF FLORIDA: rNTY.OF DADE: JNDERSIGNED hereby gives notice that improvements will be made to certain real property, and in accordance with ter 713, Florida Stat ates, the following information Loh provided in this Notice of Commencement. L gal description of property and street address: ots I hI rN 10 11 e4 6O 1 0 ' /yl' rn' S4erES $Ezf No. LJ ;�. P f Ma rco f , r.a�.� Ivok- o _ , C F&61 e c ,�lr 6 F /or '; ISo a46 S 40E A I, v s4 ;o bl - s 10 sit:0 pitt 402. NE %a- Si fifliosi sAo ' 3 c i3'a scription of improvement: ° I /4407; Sip oreS Sec. # o...v 110. Z Z. ni NN " ON s - s , /All; 5 4 reS Prest y feci4A) C em� // rG�- E/9 6 , t� l ,4,,,i Si ores vner(s) name and address: oZ ast in property: CNivnfar--.• e and address of fee simple titleholder: .5,f0/2 4S A o mtractor's.name and address: 04SfEC- 53 Am) 9714 /9t/E . j f/1,A.n % , /ovi9A 3'31 ez - / ?o s irety:(Payment bond required by owner from contractor, if any) le and address: /UM unt of bond $ A//A 3nder's name and address: 0✓ f A tary Public it Notary's Name Commission Expires: IS A"-' OF FLORIDA, COUNTY OF DADE i HiRia* CERTIFY that this h a fr opy of the si fitad in Ms Oise on cloy of } A. 0. 14 HA r..4,/ „ ,.., �f r , � ,... t . ,,aC,..,,.'s, C..,,. ®y rl�► : r_. 0C. /38 arsons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided section 713.13(1)(a)7., Florida Statutes, ie and address: // Mai; Stores ' res ` i.4.., t,.rc C F.• ^de iott Secre addition to himself, Owner designates the following person(s) to receive a copy of the Lienor's Notice as provided in tion 713.13(1)(b), Florida Statutes. ne and address: AI .xpiration date of this Notice of Commencement: (the expiration date is 1 year from the date of recording unless a ?rent date is s ature of Owner t� E g. w. �L a-5 B L . • ` k•'0 t . Q. 4.2 o - - 1_3 0--37 ' — D n Ow ners Name sq mi Shot-ES ff'CS 4i/e�ie,AN e k �L� Prepared by: 27:1A--3 '.- ` kE\ orn to and subscribed before me this 3 day of Htq fg ti , 19 R '1. Address: :' 1 11 t.( �� , LE �-t- 12301.52 393 Building Department • Busse! Couldy, President Engineered Structures & Shutters, Inc. P.O. Box 637 Jammer, Florida, 33468 (561)744 -1318 Subject: Design loads for Cellular Site Miami Shores Presbyterian Church Per the request of the building department, the following summarizes the design loadings used in the development of the building plans for the subject cellular lular equipment installation. This site has an elevation of 80 feet. Wind Loads: In accordance with ACSE 7 -93 for over 60' elevations Uplift 50.0 psf Loading 63.0 psf Foundation: In accordance with SFBC 1996 (Not Applicable for this site) Roof Load In accordance with SFBC 1996 RoofDeadLoad 100 psf Conclusion: The design meets and exceeds code requirements for Dade County construction for wind loads of 120 mph at 80 elevation. S oub there be any questions, please contact me. 1 44 January 26, 1999 January 20, 1999 Perry M. Adair, Esq. Becker & Poliakoff, P.A. 5201 Blue Lagoon Drive Suite 100 Miami, Florida 33126 RE: Sprint Spectrum, L.P. Antenna Installation at Miami Shores Presbyterian Church Dear Perry: 10050 N.E. SECOND AVENUE MIAMI SHORES, FLORIDA 33138 -2382 TELEPHONE (305) 795 -2207 FAX (305) 756 -8972 Via telefax to: 305 -262 -4504 RICHARD SARAFAN VILLAGE ATTORNEY 825 BRICKELL BAY DRIVE TOWER 11I - 17T1 FLOOR THE FOUR AMBASSADORS MIAMI, FL 33131 (305) 374 -6688 • 3740384 (FAx) This is in response to your letter of January 18, 1999. As I previously indicated to you, in the event that your client submits a permit application which is in compliance with all of the requirements of the appropriate Miami Shores Village Ordinance there is no requirement for a public hearing. As you know, the form of declarations and covenants which I have prepared in connection with the AT&T application is designed to comply with the requisites of the Ordinance. However, in its review and consideration of the AT &T application the operative design and drawings which the Village is being asked to approve only concerns the location of AT &T's equipment. The Ordinance requires a certification from AT &T that its design and installation will be such as to allow for co -use by at least two other service providers. This is the "multiple accommodation" requirement. AT &T has chosen to qualify its representation in this regard by providing an exhibit demonstrating at least one possible scenario whereby multiple users could be accommodated. The Village did not require such an exhibit and will not be passing upon the sufficiency or appropriateness of the accommodations detailed therein. Letter to Perry M. Adair, Esq. January 20, 1999 Page 2 Thus, you are incorrect in your understanding that the Village Building and Zoning Department will be evaluating and approving both your client's equipment and AT &T's equipment during the review process for AT &T's application. In fact, the first and only time that the Village will review and evaluate a suggested or requested installation by your client will be in connection with a permit application by your client. Moreover, based on my prior conversations with yourself and counsel for the Church, it is my understanding that your client will likely not, in any event, be proposing an installation in accordance with the exhibit submitted by AT &T. I hope I have assisted in clarifying this matter for you. If you have any further questions please do not hesitate to contact me. Very truly yours, CHARD SARAFAN RS /vp cc: Mr. Frank LuBien .� H:VNISVWSV-GEMLETTERMadair itr re sprint :AK, 10. Florida omon Boa Ram Clearwater Pt. Lauderdale A[e ibeume• Maud Naples oniando Port Charlottes Si. Pctersbarg Sarasota Teams Tampa weer Petra Beare 4 .4111 0tha ajszemitt 11UPR intment gab' In octal OM= fitS People's Republic of Otitis Cam, Republic &EA Sa+itershad 1099 12 :24F:d Pages (including cover): J Date: 7annary 18. 1999 COMPANY: MIN./LOCATION: FAX RECIPIENT 1: CLIENT #/MATTER #: S17330/61292 FROM: PERRY M. ADAIR SENDER'S #: 305 - 260•1016 REFERENCE: SPRINT • MIAMI SHORTS COMMENTS: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF TIC READER OF THIS MESSAGE I3 NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU_HAVE.RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA TIME US. POSTAL SERVICE. THANK YOU. p 1t t 0!l JAN 1 91999 E`ktR 0 J RICHARD AND RICHARD RESPONSE /REPLY DUE DOCKETED ON lcAC■ . BY M me _. DIS1RIBLITED TO. ' i1F 332ER & PC :IA:,3 F u40/ OFFICES BECKER & POLIAKOFF, P.A. 5201 Blue Lagoon Drlve, Suite 100 Miami, FL 33126 Phone (305) 262.4433 Face (305) 262 -4504 FL Toll Fr= : (800) 553 -4874 Internet, bttp : / /www.becker- poliakofl:.cant NO. 0015 ?. l Time Sent: Operator: 1- 5 RICHARD & RICHARD RICHARD SARAEAN 305•37•0384 Accounting Copy Sendees Copy :Are, i ;; 12:24E1 Florida Offices Adminianadve Office 3111rting Road R. Lauderdale. FL 33312 FL Toll Free (900) 432.7712 Boca RaroW Cleamater Pt. Myers Hollywood Mdboum miens Naples Orlando Pcat (harlonr S. PacrsbuiR sums Taifahass Wen Palm Beach augahrioscowahilim Intaermotoaal Officeaa Beft People's Republic of Oita Czecb Republic Bcm, Sd' Dear Richard: & FOLJi O F NO..01i5 P. 2 LAW OFFICES BECKER Elg PGLIAKOFF, P.A. 5201 131uc lagonn Drive, Suite 100 Miami, Timid; 33126 Phone: (305) 262 -4433 Far (305) 262 -4504 (800) 533-4874 Internet: htgw/ www.hecker poliakof corn E mall: bpithecker- paliakoff.com Mr. Richard Sarafan Richard and Richard The Four Ambassadors 825 Brickell Bay Drive Tower III, 17th Floor Miami, Florida 33131 I have received and thank Covenant you sent me. 1 modifications to the Covenant, Sprint installation and will your review and approval. January 18, 1999 RE; OUR CLIENT' SPRINT SPECTRUM, L.P./ANTENNA INSTALLATION AT MIAMI SNORES PRESBYTER Reply ?a Munn Perry M. Adair Direct Line (305) 260 - 1016 B - Mach PAckinBeel Poliakof tom you for the AT &T Restrictive will make the necessary so that it will work for the then forward it to you for It is my understanding that once the Covenant issue is resolved, it will not be necessary for Sprint Spectrum, L.P. to go through the public hearing process for its installation at the Church. Rather, my client's wireless personal telecommunications permit will be processed administratively. If that is not correct, please let me know immediately. As you are aware, my client and AT &T are going to co- locate at the Church. It is my understanding that AT&T will be showing my client's antennas and equipment on the drawings AT &T submits is connection with its application. Under those circumstances it is my understanding that the building and zoning department will be evaluating and approving both any client's equipment and AT &T's equipment during the review process for AT&T's application so that a second review will not be necessary when my client comes in JAN. 18, 1999 :2:25 ?1d 3iCJ?.. & POL;AKOF Ni..0015 P. 3 Mr. Richard Sarafan Richard and Richard January 18, 1999 Page -2- for its permit (assuming of course it intends to install the equipment in accordance with the drawings as submitted in connection with the AT &T application). Ts my understanding on this issue correct? PA /jp Enc. Thank you very much for your help. Beet regards. cc: R. Bogatin yours, For the Firm "Haunt/ (—Clot:Pt/Ja BUILDING AND ZONING DEPARTMENT. 10050 N.E. SECOND AVENUE MIAMI SHORES. FLORIDA 33138 -2382 TELEPHONE (305) 795-2204 FAX (305) 758-8972 CERTIFICATE OF COMPLETION No. 2038 Date: May 7, 1999 Owner, Agent or Tenant of Building: Miami Shores Presbyterian Church Lot j , al nc . Block 6/ Subdivision /V t S Sec. Z PB /o 37 Street Address: 602 NE 96 Street, Miami Shores Approved use: Wireless communication tower Remarks: Installation of wireless communication equipment. Permit No. 44335 This Certificate of Completion is issued to the above named owner for equipment installation at above named location only upon the express provision that the applicant will abide by and comply with all conditions of Ordinances Nos. 92, 93, 94 and 97, known as the Zoning, Electrical, Plumbing and Building Ordinances of Miami Shores Village pertaining to the erection, construction, alteration or remodeling of buildings or structures. FRAM{ IEN, DIRECTOR, BUILDING DIVISIcs SENT $Y= TO: FAX NUMBER: FROM: TOTAL NUMBER PAGES 8 (including cover page): 3- 3-89 ; 11 :18 ; RICHARD & RICHARD - 10050 N.E. SECOND AVENUE M1AM1 SNORES, OLORIDA 33138 -2382 TELEPHONE (305) 7934207 1'AX (305) 756 -8972 . COVER, Mr. Frank LUBien 305 -736 -8972 Richard Samoan, Esq. Richard and Richard, P.A. TELEPHONE NUMBER: 305- 374 -6688 MATTER: MSV/GEN DATE TRANSMITTED: March 3, 1999 TIME TRANSMITTED: 11:10 a.m. OPERATOR'S NAME: VP COMMENTS: 305 756 8972:# 1/ 8 RICHARD SARAFAN Yu4. Ar«tNEY $23 RRBtc t. RAY tares TOWER m -17tH FUJOR TUE FOUR AMBASSADORS MIAML F1.331'11 (305) 37466en * 37441384 (FAX) MIEZ Fib Informed= ool alin dfis facsimile message is attorney ply:Begat and confidential ladoneadosimendedonly fm the Use oldie individual oreasity caned above. If the reader of this message is not the wed tom, of the employee or agent responsible to dciiver it to the Minded recipient, the reader is herd'y notified that any diaseenhmdon, distrilaeion or copyb g ofdds coommnication is strictly per. Ifyou have received the commuleation in error. please immediately nod?y oaby telepbome(31)5 -374. 6688) and retina the Weald message taus attire above address viadeU.S. Postal Service. SENT BY: 3- 3 -99 ; 11;18 ; RICHARD & RICHARD- �I.�t. is 21F i+ZUER 1 R az Clestester Pt. Lawladtto a+r.• Wee Pba t1a" Fatilbteg tamoa Tampa Wet Paha Death ainakkiniatt biasitlool OM= 1 Cub lure Sere. Sidistind LAW OFFICIS BECKER & PO IL AKOFF s P.A. 501 aka Lagoon Mho, Salta 100 n.33326 Mae (305) : �- / roc (305) 2624504 PL Tail Flee 51)4874 / *met: bar//wwfxboakariaaakcatoin ZWEILLISIBLESINZ OirFar • (305) -45G Pages (including cevera DaseLkfarek X 1999 Time Seat Operator FAX 3oS -3741 1U II MAR 21999 �S6 '1O RICHARD AND RICHARD a. ? 3Y — giS1P!R111tU 1, .f- .4-- -- br. Mallard Sara tan Richard and Ricbard Us OUR OL21171 emir SPlCTauK, L.p. MUM s 1 TALLAT/ON 1 nzwirrnana C #/u#: 017310/d1292 TAM: PURT A. ADAM, W. taa3- 440 -1o1$ ) cer ib) 305 756 8972;# 2/ 8 ?. 1 *taxi PIROAu$ xP YOD SO NOT PPCE1'Va ALL Pop, PLWAXX CALL INXISIAMT. The blowilmis s wbM ININIMINtel rWM, pawed wewomb+ MINIMIetWO,med dvMP/ flOtell .ga..111111010Y10PTheYlirlresaior'mraamaI PINt errailealaoliaussla 1011aAwMUMS 1ll_palsmaa VOVNIMPOPOOtscrevawmtaimeanmail51.011019PICOPVIIIIIW q Islam two agabedOhaaaadatl fan •� � OwImmdlM ir � v • e N1 W * wow sis OW aaa.s woo vase wlAnolWON iits 3111 Stitag ea d rte. R. MU Zoo thee. la70) 4327,12 Balftedi ammo Pt Pt. Ohm Sesch Mut Ntp amndo PotCdettate` a lea TIMPI Ito Pah > bqprommeary •• .. v v £...#..s •44 v Ficanazie 366»i76 -03eg MR% Richard Sarrafaa Richard and Richard The For Ambassadors 925 Brickell Bay Drivs Tower 111, 17th Floor Miami, Florida 33132 3- 3-99 ; 11 :19 ; RICHARD & RICHARD 4 305 756 8972;# 3/ 8 al..v »..d it I ♦4.t:—.. Ad. .J.. r . Law Dirces BECKER at POLIAKOFF, P.Ai 5201&nc Lamm i 100 plstrit (31/3/ 262403 Fax OW 2624304 Pt Ton Pet (00) 531474 Wallet www.bedrepperakeilavis bitikedcer•pdakacatu Ras OUR Chnkria Dear Richard: 8P$2W? SPA, L.P. PROJECT= ANTS2M. ZINTALZAVON SUMO PIIIMITIRZAN Together with this letter I am faxing you revised Covenant. 1 believe this version of the Covenant incorporates all of the changes you had rvweet . The Covenant now also includes an Exhibit A. City. gladly advise if the Covenant in now aaceptab s to the Beat regards. P-Mai1: P March 3, 1999 To Mimi Posy M. Addy Eftex 0002604016 Palkkoff.cons PVT BY: •.•is•.r. 3- 8 -99 ; 11 :19 ; RICHARD & RICHARD d••a..•..+ v • di•41. 4• 4, CENTIPICATIONS AND DECLARATIONS QuaigzucTrvil COVRNA MOW ALL MEW SY THESE REPRESENTS: WHEREAS, Miami Shores Presbyterian Church, a Flo profit corporation (the "Owner" or "Declarant ") is the o ... following deecribed property the "Property") situated an Miami Shores village, Florida: Lots 1, 2. 3, 4, 5, 6. 7, 8, 9 and 10, clock 61 and 15 foot alley running east, and west through said S 61, MIAMI SWISS, SECTION 2, according to the thereof, recorded in Plat Book 10 at Page 37 of Public Records of Miami -Dade County, Florida, and WHEREAS, the Owner, together with Sprint nt _�.., Delaware Partnership, (hereinafter "Applicant ") with the c the Owner, has applied to Miami Shores Village, *Florida corporation (the "Village") for a wireless telecommunications services antenna permit, pursuant to of the Miami Shores Village Code, and otherwise; and =MEAS, the Owner and Applicant desire to provid assurances and certificatione to the Village; ice. THEREFORE. the Owner and Applicant each jotntl and certify as follows: 1. Ztle, Owner and Applicant have provided evi the status of title to the Property to the Vil 2. Qntinuoue Comp nce - The Owner and Appl iC covenant and certify that the Applicant's personal telecommunications services antes pr the Property will be made continually Compliant present and future promulgated safety laws, regulations concerning electromagnetic emissions standards promulgated by g authorities having jurisdiction over the Appl the operatioae of the antenna facility, or simil standards for other wireless oommunicatio transMise ion" . The Owner and Applicant acknowledge the right of the village to require removal of any wireless personal telec services antenna upon the Property which dose such safety rules and regulatione. 305 756 8972;# 4J 8 BV. . o:./ r. I ids non- r of the being in the ock at the L.P., a sent of icipal personal apter 22 certain declare as to age. t hereby wireless sed for with all ea and requency rental t and r safety media hereby ate cations t,t SENT BY: -- • -. •NNV ,I. •,...• -. 3. 3- 3 -99 ; 11 :19 ; RICHARD & RICHARD -' The Owner and Applicant ale and certify that any of Applicant's Wireless telecommunications services antennae propose Property will not interfere with publi communications, and further, will not unr interfere with the reception or transtmsi television, radio, microwave, telephone, • similar communications signals or receipt of e nearby residential or bueiueee residents. The Applicant acknowledge the right of the vi require, if necessary, frequency relocation a 4. Mu 1 t i o1. c c c ... fl & * gna The Owner and covenant and certify that the design, st inatallati.on of the Applicant's wireless telecommunications services aztenna facility p the Property will be such as to accommodate at (2) wireless personal telecommunications servic facilities of other providers on a non -discr .basis, in addition to Applicant's inastallati installati,on will be made in the manner de Exhibit "A" which is attached hereto and ma hesreof) to avoid duplication of the erection of personal telecommunications services antenn through the Village. Applicant and Owner und obligations hereby to assure utilizat.ien of the by other service providers and Applicant expressly disclaim any right or per to C dictate any other Service providers' choice or proposed facilities for this structure. appli not oppose and Owner covenants and certifies t permit co -use of the wireless personal tele services antenna structure upon the Property by two (2) wirelesse personal telecoomuniasstioas providers, in addition to Applicant, on diecrieinatory basic. Owner and Applicant ac and agree that unreasonable refusal to perm shall constitute a violation of Section 22.42 Shores Village Code and may result in the revoking any wireless personal tele services antenna tower approval and seeking a injunction to compel removal of any wireless to ecommunications services antenna, in additi other remedies available to the Village for viol its code of ordinances, and any other remedy under the law. S. Attqinaysa pees. The Owner and applicant hereby and certify that the prevailing party shall be to recover its reasonable costs and attorney's the event any li t igat ion is brought to ernf provisions of this Declaration and Cerrti.ficat2 305 756 8972# 5/ 8 Dv. 4 covenant personal for the safety onably lion of ital or gnale of r and ,lege to cements . pplicant tore or personal sed for east two antenna minatory (which cted on a wire ens towers take no tructure Owner trol or sign of t will it will cations at least services a non - owledge co -use f Miami Village icatione datory reseal to all tions of ilebi. ovenant tattled fees in co the SENT BY: 3- 3-99 ; 11 :20 ; RICHARD & RICHARD- 6. $indipa oa Successors. The Owner and Applicant covenant and certify that this Declaration and Certification shall be binding upon the Owner, the Applicant, and each and all of their respective successors and assigns and that they shall faithfully observe and perform hereunder. for so long aa Applicant operates its antenna facility on the Property. IN WITNESS wagnor, the undersigned have caused this to be executed this day of March, 1999. WITNESSES: OWNER: sign' print; sign: By: paint: all MIAMI S1fORSS PRESErrEKIAN PETER W. BELLOWS, CLERK NOTARY PUBLIC: Print 305 756 8972# 6/ 8 N . 1?80 ?. 5 COvenant CH Busing SESSION STATE OF FLORIDA ) COUNTY OF DADE j The foregoing instrument was acknowledged before me this day of 1999, by Peter W. Bellows, aa Business Manager and - as Clerk of Session of Niami Shores Presbyterian Church, on behalf of the corporation for the purpooss twin expressed is personally known to as or who have did take an oath. as ident�.fiestioa} and who State of Florida at Lam (Seal) MY Come Expirea • SENT BY: w"•w. -. .••..J ti•4 t 9 WITNESSES: sign print sign print STATE OF GEORGIA ) • COUNTY of ) T*ZB ITT PPS:PAM 9Y: Perry N. Adair. CIS Becker A Poliakoff. P.A. 5801 Mee Lagoon Drive Suite 100 Masai. Florida 33126 (308)262 -4433 :s ?sw 3- 3 -99 ; 11:20 ; RICHARD & RICHARD - se APPLICANT: SPRINT SPECTRIThI, L.P. a Limited Partnership Sy: Name : ....._..� Title: The foregoing instrument was acknowledged day of 1999, by of Sprint Spectrust L.P., on b Partnership for the purposes therein expressed to me or who have produced identification and who did take an oath. NOTARY PUBLIC: Sign Print SY: My Commission Expires ACCEPTED for Miami Shores Village this day 1999. BUILDING QFFICIAL VILLAGE ATTORNEY 305 756 8972 4 7/ 8 Y. 6 Delaware before me this , as or thq Li:sited is personally 'mown - ...�... as Seal) f larch, SENT BY 3- 3 -99 ; 11;21 ; RICHARD & RICHARD-) 305 756 tt 8972 # 8/ 8 ....y�... .... , .-.r v••••■s .F LI— a r... 14.. . Jy J 4 1 , r • s Cell Site: MI -139 State: Florida County: Dade LEASE AGREEMENT (Non -BTS) THIS Lease is dated and entered into on31(.40 ,1998tExecution Date") between, MIAMI SHORES PRESBYTERIAN CHURCH; a Florida not for profit corporation ("Landlord") and AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation ("Tenant"). 1. o eased Property and Permitted Uses. Landlord hereby leases to Tenant the following • premises (hereinafter referred to, collectively, as the" t): (1) tety 185_Square feet of arm located on the second level of the bell tower of the SuiidIngVas hereinafter defined) and depicted on Exhibit ... Al attached hereto; (11) approximately 24 square feet of surface area located on the North and South sides of the fifth level of the bell tower (including reasonable projections therefrom) as depicted on Exhibit A-2 attached hereto; and (ifi) approximately 60 square feet of area located adjacent to the Northeast comer of the main sanctuary of the Building as depicted on Exhibit A -3 attached hereto. As used herein. the 'Building" shall mean that building having a street address of 602 NE 98th Street, Miami Shores, Florida 33138, and_' as located on that certain parcel of real property described on Exhibit.$ attached hereto (the"Parcel").,The � be used exclusively for (1) the transm on = _ .:. r.- : communications . an . I construction,_maintenence. repair and replacement of antennas, cables, equipment and facHities substantiaily _' 2In accordance with drawings prepared by Dennis Ardln Architects, Inc. and listed on Exhibit A-4 attachedi hereto, and (M) activities reasonably related to any of the foregoin eclvely:�'Tenan s PenntttedVse • , Maaf T to esaen py_the -Pro the toms and conditions of that certain Certifications and Declarations of Restrictive Covenant required by Miami Shores Village and to be executed and entered into by Tenant rind Landlord (the "Restrictive Covenant"). 2. initial Term. The initial tern of this Lease shall be 10 years, commencing on the Effectie Rental Date (as defined below). The Initial term of this Lease shall expire at Midnight on the day before the 10th anniversary of the Effective Rental Date. Tenant notifies Landlord renew for to 3 anal five-year terms'. '' 3. Renewal Terms. Th is Lease shell automatically of Tenant's on t his Lease at least days prior to th expiration the initial term or any Renewal Term. not to renew 4. Re. From and after the earlier of (1) the date on which Tenant obtains Its building for the construction on the Property of its Antenna FadiNes as drifted hi Section 7134:4410 the first the expiration of the "Due Diligence Period" under Section 5, or (tif) the date upon which Tenant told.. . .. occupancy of the Property (such earliest date being the'Etfective Rental Date"), Tenant shall pay to 1� the sum of One Thousand Six Hundred and 00/100 Dollars per month ($1.600.0Q)) as increased upon each anniversary date as provided herein CRent7 As additional rent due hereunder, tvnent$ 15I$P,Peiy with the Rent. Rent and all sales taxes due thereon Landlord all sales taxes due on such Rent simultaneously . shall be due and payable on tie first day of each calendar month in advance at Landlord's address specified In Section 13 below. Landlord may provide the requisite information for Tenant to pay Rent and sales taxes by direct deposit to Landlord's bank but the implementation of the direct deposit system shall be at Tenant's sole expense. If the Effective Rental Date Is other than the first day of a month, the Rent shall be prorated • . for that first month for the number of days from the Effective Rental Date to the end of the month. If this Lease of the date of Is terminated on a day other than on the last day of a month, then Rent shall be prorated t or other Tenant termination, and, in the event of termination for any reason other than nonpaymerh default hereunder, all prepaid Rents shall be refunded to Tenant. •.:On each annual ann)versar . of. the. tai Dated tinillal, tenon and.each monthly Reritshaf be 8d !fy arh t ell to .6606f tha �th Renewal Term, cxi Increased aur�uht Rent for the last full calendar month immediately prior.to the anniversary date, a4sti shall be the monthly Rent until the next anniversary date. It is understood and agreed that Tenant shall pay Landlord a.tate charge of $50.00 for em installment of monthly Rent that is not paid on,ifhe first day of any calendar month in accordance hpIth this Lease. 5. Due f earlier), Tenant and Its agents, ts, engineers�surrveyorrs of surveyors and other representatives Effective Rental Date (if earlier). have the right to enter upon the Property to conduct geological or engineering tests, apply for and obtain applicable governmental permits and approvals, and otherwise to do those things on or off the Property that, in the reasonable opinion of Tenant, are necessary to determine the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense ("Due Diligence Period"). Except as otherwise sll � w heren, Tenant shall not be liable to Landlord or any third party on account of any pre -axis g p condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection but Tenant shall be solely responsible and liable for, and shall indemnify Landlord against, any damage or injury caused or occurring in connection with Its tests, which obligations shall survive the by any aof the of the oe foregoing activities Upon of demand ant If, In the sole and t absolute opinion of Tenant, the Pr is not by an of activities suitable for Tenant's intended use, or Tenant.determinea that the operation of a communications facility on or within the Property would not be In Tenant's best interest, Tenant shall have the right at any time prior to the expiration of the Due Didgence Period to terminate this Lease by sending written notice of termination to Landlord, Thereafter, neither Landlord nor Tenant shall have any further obligation or liability under this Lease except as.otherwise provided herein. 6, isterforsece. Tenant acknowledges that Tenant does not have the exclusive right to operate a telecommunications facility on the Property and that, subject to Section 6 below, additional telecommunications facilities may be operated on the Property and on other property of Landlord. Tenant I [ 1 Ill +. _, • 1 1 _ 1=.'. , - • • s no use by Landlord, or by tenants or tenants of Landlord holding rights to the Property or other property of Landlord; provided, however, that Landlord hereby acknowledges that Tenant's lawful use of the Property for Tenant's Permitted Use shall not constitute an impermissible interference by Tenant. Landlord shall not use, nor shall Landlord permit its existing or future tenants, tenant's employees, h vltees or agents to use, any potion of the Property in any way which interferes with the operations of Tenant, but Tenant acknowledges that reasonable rights of passage through the Property to and from other portions of the bell tower and Building shall be retained by Landlord and its tenants, and their respective agents; employees, contractors and l nvitees, so long as such passage does not (1) cause any interference whatsoever with the transmission and reception of Tenant's communication signals. (11) cause any material interference with any other operations of Tenant, or (ili) disturb Tenant's quiet enjoyment of the Property in any material respect. Landlord hereby acknowledges that any such Interference with Tenant's operations shall entitle Tenant, In addition to exercising any other rights or remedies available hereunder or under applicable law, to seek the immediate enjoinment of such Interference if such interference causes irreparable Injury. 7, fmprovsments: Utilities; Access. A. Upon the Effective Rental Date, Tenant shall have the right. at Its expense, to install, construct, maintain, repair, replace and operate a communications facility on the Property, which may include radio and other communications transmitting and receiving antennas, supporting mounts and cables, equipment, and other improvements relating thereto substantially in accordance with the drawings set forth in Exhibits A -1 and A-2, or as otherwise approved in ad van writing • Landlord, jcollectively the "Antenna Facilities"). Tenant's Antenna Facilities shad d ude air conditioning eq�mentp for service to the second floor of the bell tower to be installed by Tenant in the location depicted on Exhibit A4 and all ducts and vents relating to the same ("Air Conditioning Equipment"). However, upon temdnation of this Lease, the Air Conditioning Equipment shall become the property of Landlord and Tenant shall have no right to remove the same. Tenant shall deliver the Air Conditioning Equipment to Landlord in it§ as Is condition upon termination of this Lease. All work and operations by Tenant shall be performed in compliance with applicable laws and ordinances. Tenant shall. at Tenant's expense, obtain all applicable governmental approvals for the installation and operation of its Antenna Facilities and shall provide and instal landscaping reasonably acceptable to Landlord around the area depicted on Exhibit A-3 to screen the air conditioning compressor. . Tenant shall provide conceptual plans of any proposed modifications of its Antenna Facilities to Landlord for Landlord's approval, which approval will not be unreasonably withheld, delayed or conditioned. Landlord shall respond in writing to Tenant's submitted conceptual plans within 10 days after Landlord's receipt thereof with any comments or revisions thereto or approval or disapproval thereof. In the event that Landlord fails so to respond within such 10 day period, Tenant's submittal or submittals shall be deemed approved by Landlord. Additionally, due to the differing locations of the portions of the Property, Tenant shall have the right td install, in certain areas of the Building, as reasonably determined by Landlord and Tenant, conduit and sleeving connecting such locations and servicing the Antenna Facilities. Tenant is not authorized to contract for or on • behalf of Landlord for work on, or the furnishing of materials to, the Property or any other part of the Building or Parcel, and Contractors of Tenant, all subcontractors, material men and laborers claiming by or through them, shall not at anytime have any right to ice mechanic's or constructlon liens or otherwise encumber all or any part of the Parcel, including the Property. Tenant shall discharge of record by payment, bond or otherwise, within 30 days subsequent to the filing thereof, any mechanic's or construction liens fled against the Property or the Parcel for work or materials claimed to have been furnished at the request of Tenant or any of its contractors. B. Tenant shall, at Tenant's expense, keep and maintain the. Property in commercially reasonable condition and in good repair during the term of this Lease. In addition, Tenant shall operate its Antenna Facilities and use the Property in accordance with all applicable rules, laws and regulations, Including the maintenance of all required permits, approvals and licenses. The Antenna Facilities shall remain the exclusive property of Tenant, and Tenant shall have the right to remove ail or any portion of the Antenna FadUties at any time during the term of this Lease and for 60 days thereafter with the exception of the Air Conditioning Equipment, which shall become the sole property of the Landlord upon the termination of this Lease. After termination of this Lease, Tenant will return the Property and all improvements thereon not removed by Tenant In good condition. On or prior to any termination of this :Lease, Tenant shall provide Landlord with a written statement of all of its improvements which ft intends to remove and, within 15 days after Landlord's receipt of same, Landlord shall have the right to specify by written statement to Tenant any other Tenant improvements (including, without limitation, the Air Conditioning Equipment) which Landlord wants removed by Tenant and Tenant shall promptly also remove same. Tenant shall make all repairs and hold Landlord harmless from any damages or liabilities by its removal of its improvements and any failure to remove improvements spe i fed by Landlord. Any Tenant improvements not removed by Tenant by its choice or Landlord's request shall become the sole property of Landlord, and Tenant shall have no further rights, obligations or liabilities with respect thereto except as otherwise provided herein. C. lf Tenant does not elect to terminate this Lease in accordance with Seddon 5 above, ' then on or before the Effective Rental Date, Tenantshatl pay to Lanolord the nom= refundable sum of Twenty- " - Five Thousand Dollani ($25,000), which sum shall be used.by Landlord tO . among other things, make those • certain repairs to the bed tower described on Exhibit G (the 'Initial Bell Tower Repairs"). Landlord shad • • GACLIIINTMAT&TV/Sem.Rad EstatelAIWYAMTVAdl Tow Isme.VS.•pd 411.II ti 10. TAxes. Tenant shall pay to Landlord any applicable sales tax on the Rent, and Landlord shall such tax to the appropriate government entities. Tenant shall pay any personal Li .1 property taxes assessed on; or any .'•' o. . sues r_ es . pay when due all real property taxes and all other fees and assessments attributable to the Parcel and any portion thereof. However, Tenant shall promptly pay, as additional rent, any increase in real property taxes Date, i.e., roll-back taxes) which is directly attributable to Tenant's use or improvement of the Property, and Landlord agrees to furnish reasonable proof of•such increase to Tenant Landlord's Federal Tax ID Is 59 11. . jnsurance and Subrogation. Throughout the term of this Lease, Tenant will maintain at its expense a Commercial General Liability Insurance Policy covering the Property and the use of the Property and the Parcel by Tenant, Its employees, agents, contractors and inUitees. Such policy shall be in an aggregate amount of not less than One Million Donors ($1,000,000.00) and shad name Landord as an additional insured. In the event of any insured loss, both parties' insurance carriers may have a subrogated claim against the other as permitted by law. Tenant shall provide Landlord with proof of such insurante prior to the Effective Rental Date and shad maintain such insurance thereafter at all threes during the term of this Lease and provide Landlord with proof of its timely renewal prior to any expiation of such insurance. 12. Hold Harmless. Tenant shad indemnify, defend and hold Landlord harmless from and . against injury, loss, damage or liability (or any dahnns to respect of the foregoing), costs or expenses (hndudhtg reasonable attomeys' fees and court costs) arising from the installation, use, maintenance, repair or removal of the Antenna Facilities, its use of the Property, its entry upon the Parcel, and any breach of this Lease, except to the extent attributable to the gross negligence or willful misconduct of Landlord, its employees, agents or independent contractors. Landlord shall indemnify. defend and hold Tenant harmless from and (or any claims in respect of the foregoing), costs or against any (including and admen b ►s f� � exppenses court costs) arising from any willful misconduct or gross negligence of Landlord or its employees or agents, or the breach of this Lease by Landlord. 13. Notices. Ad notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified Mad, return receipt requested, or sent by overnight carrier to the following addresses: To Landlord at Miami Shores Presbyterian Church 602 NE 96th Street Miami Shores, Florida 33138 Attn: Senior Minister With a copy to: Miami Shores Presbyterian Church, 602 NE 96th Street Miami Shores, Florida 33138 Attn: Financial Secretary -and - Pearson & Mayer, P.A. 2474 SW 27th Terrace Miami, Florida 33133 Attn: Stephen D. Pearson, Esq. To Tenant at AT &T Wireless Services of Florida, Inc. 3405 Forest Hill Boulevard West Paim Beach, Florida 33406 • ...Atha: Property Manager With a copy to: AT &T Wireless Services of Florida, Inc. 11760 North U.S. Highway 1 West Tower, Third Floor North Paim Beach, Florida 33408 Attn: Real Estate Counsel 14. SluieLEnialanantalikandAulbaltit. Landlord covenants and warrants that (1) ft has full right, power and authority to execute this Lease and has the power to grant all rights of possession hereunder; (d) it has good,. marketable and unencumbered tide to the Property, which subject to. any required an clear of any approvals lien s. and regulations, restrictions or�ar d encumbrances that will interfere with Tenant's and clear of rty lien mortgages, Permitted Use; (ni) its execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease or other agreement binding on Landlord; (iv) Tenant stall have the quiet enjoyment of the Property, and Tenant shall not be disturbed as long as Tenant Is not in default beyond any applicable grace or cure period; and (v) if the Property is encumbered by a deed to secure debt, mortgage or other security interest, Landlord will use its best efforts to provide promptly to Tenant an fully signed Subordination, Non - Disturbance and Attomment Agreement in a form acceptable to Tenant 15. Fnvlronmmentat Laws• As used herein, the term *Environmental Laws" shall mean any and • all local, state or federal statutes, regulations or ordinances pertaining to the environment or natural resources. As used herein, the term 'Hazardous Substance" shall mean any toxic or hazardous waste or substance (including, without limitation, asbestos and petroleum products) that is regulated by Environmental Laws: Tenant represents, warrants and agrees that it will conduct its activities on the Property in compliance with all applicable Environmental Laws. Landlord represents, warrants and agrees that to the best of its current knowledge and belief, it has in the past and will in the future conduct its activities on the Parcel and in the Budding in compliance with ad applicable Environmental Laws and that the Property is free of any Hazardous Substance as of the date of this Lease. . Landlord shall be responsible for, and shall promptly conduct any investigation and rcmodlotlon ma required by any Fnvimnmantal 1 aura nr ennunnn law ht all cpnI hr nthar l'APTIPR of Hazardous Substance, not caused solely by Tenant (or its contractors, employees or agents), that have occurred or which may occur on the Property or within the immediate vicinity of the Property. aft causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorneys' fees that Landlord may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, that are caused by or result from Tenant's activities on the Property or the Parcel. Landlord agrees to defend, indemnify and hold Tenant harmless from and against all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgments and attorneys' fees that Tenant may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released . into the environment, other than with regard to any Hazardous Substances that are caused by or result from • Teant's activities. The hndemnIations in this Section specifically Include costs tncurred in connection with any investigation of site .conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. Notwithstanding Section 8 above, the provisions of this Section will survive the expiration or termination of this Lease. • 16. . Assignment and Subleasing. Landlord may assign this Lease provlded such assignee will • assume, recognize and also become responsible to Tenant for, the performance of all of the terms and • conditions to be performed by Landlord under thls Lease. Tenant may assign ails Lease, and all or any rights, benefits, IlabilWes and obligations hereunder, to (i) any person or business entity which is a parent, subsidiary or affiliate of Tenant (11) any person or.entity that controls or is controlled by or under common control witty Tenant or Oil) any person or business entity that is merged or consolidated with Tenant or purchases a majority or controlling interest in the ownership or assets of Tenant provided that any such assignee is also Iic ensed by the FCC to operate a wireless communications business. Tenant wi l be relieved of all future performance, Ithbilitiea and obligations under . this Lease to the extent of such perrnifted assignment Tenant may not otherwise assign this Lease or sublet the Property without .Landlord's consent, which shall be in Landlord's sole and absolute discretion. Additionally, Tenant may, upon notice to Landlord, mortgage or grant a security interest in Tenant's leasehold estate under this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any such mortgagees or holders of security interests including their successors or assigns (hereinafter collectively referred to as `Mortgagees"), provided such Mortgagees agree to be bound by the terms and provisions of this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Landlord agrees simultaneously to notify hn writing Tenant and a Mortgagee of Tenant having first prlority as to Tenant's leasehold interest and which has, in advance and in writing, requested notice from Landlord of any default by Tenant and to give such Mortgagee the same right to cure any default as Tenant, except that the cure period for such Mortgagee shall not be less than 10 days after receipt of the default notice. 17. b refit o O f the and essig�eir respective Leases o w Property representatives b�b�ss upon and inure to the benefit of parti 18. j,andlord'g Lien. Landlord hereby waives any and all lien rights ft may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof. The Antenna Facilities shall be deemed personal property for purposes of this Lease, regardless of whether any portion thereof Is deemed real or personal property under applicable law. 19. Miscellaneous. A. Each party agrees to furnish to the other, within 10 days afterrequest, such truthful party shall cooperate in estoppe i an y other documents necessary to protect a party's righ Furthermore, executinn g an h party shall record this Lease or any Memorandum of Lease. • B. Each party represented in this transaction by a broker, agent or commission salesperson shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such person, and shall indemnify and hold the other party harmless from and against any claims arising In connection therewith. Tenant shall be solely responsible for any and all fees and commissions due to Lotterman Real Estate Services, Inc. C. Without limiting the terms of Section 8, if either party fags to perform a material obligation under this Lease within 15 days after receiving written notice from the other party, the party that delivers such notice may perform such obligation or take other appropriate curative action on may alf �t the expense of the nonperforming party. If the curative action is taken by Tenant, the expenses be against the next payment(s) of monthly Rent. If the curative action is taken by Landlord, the expenses shall be paid by Tenant together with the next payment of monthly Rent. ,fis HGCd, > ,t 1 .'• I.. o..yC I • q •1 1 = •1=,l�lc.z :, D. This Lease shall be construed in accordance with the laws the State of Florid& If any term of thi slease Is found t o be void or imralid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in fuuil force and effect. In the event of any litigation arising nnereunder, - the • prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs, through appeal -supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendment to this Lease must be in writing and executed by both parties. F. In . accordance with Florida law, the following notice is hereby given to Tenant "RADON GAS: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITY, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDEUNES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT". The undersigned Tenant acknowledges having read the foregoing notification, and has executed this Lease fully aware of the aforementioned conditions. G. 'Subject to Section 6 above, Landlord shall at all times have reasonable saxes to the Propertyto inspect same, and for passage to and from other parts of the bell tower and Building. During the term of this Lease, Landlord shall provide Tenant with a license of reasonable passage across the Parcel for access to and from the Property, subject to reasonable rules and regulations promulgated by Landlord from time to time. H. Tenant shall not have any right to place any signs on or around the Property. I. Landlord makes no representatlons or warranties to Tenant that the Property Is suitable for Tenant's Pemnttted Use, and Tenant shall satisfy itself of same during the Due Diligence Period. J. Tenant shall neither commit nor suffer any waste of the Property. K. Tenant's use of the Property shall not Increase the costs of any insurance policies maintained by Landlord or Tenant shall promptly pay as additional rent to Landlord any such incremental costs upon demand from Landlord. L Subject to Section 8 above, Landlord reserves the right to make repairs, improvements and alterations to the Building, Including all portions of the ben tower so long as the same does not unreasonably interfere with the operations of Tenant or disturb Tenant's quiet enjoyment of the Property. • M. Tenant shall indemnify and hold harmless Landlord from and against any and an liability accruing to Landlord on account of Tenant's failure to comply with the Restrictive Covenant. Tenant shall be at all times solely responsible for compliance with, and for payment of all costs and damages accruing under, Sections 2 and 3 of the Restrictive Covenant. Wherefore, the parties hereby enter into this Lease as of the date first set forth above: WITNESSES: LANDLORD: MIAMI SHORES PRESBYTERIAN CHURCH, a Florida not for profit corporation r4,794-4. Sieto Na me Tree• GL Ejl'IC J r ">= ssi8 TENANT: AT &T WIRELESS S INC., a ame: Paul L - ach Title: Director of Site Development STATE OF FLORIDA COUNTY OF DADE cNTa by, IJacri.h-Sc►,..1t- , the s coo on for profit corporation, on behalf of W as identification. 4Ss�- ba- s .q-'v_ b .._.__ _ ........... ., .rar as Tewp U s.VS. d of Miami Shores Presbyterian Church, a Florida not e corporation, who is personally known to me or has produced a STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Instrument was acknowledged before me this 1 Y day of 1°— c -4w4sA , 1998, by Paul L Pachuta, the Director of Site Development of AT &T Wire! s Services of Florida. Inc., a Florida corporation, on behalf of corporation, r t who to me or has produced a as identification. Notary Publ '2-1 Zo M y conunlssion expires: S l EXHIBIT A -1 to the Lease Agreement dated a Florida not for profit corporation, as ndlord. and AT&T WIRELESS SERVICES OF FLORIDA, INC., as Tenant The second level of the bell tower on the Building shown by sketch as follows: .e+ r-sr • r -• ace re se *mom •• 10 sCO.c t. CLOSOL 1001 707 r.+dM COMM C. recur. miss pain, .RTO. trawl • r • scums a 12 TS Y O &F. wee 'Otis 1.62e C. Jam- 2 — s rev .t- tO' —o" .-100ot Z T lorf 0.00000 M sofol l FLOOR PLAN 1/41 I S1TE PLAN, FLOOR PLAN. DETAIIS. tit NOTES 11 MIAMI SHORES C.S./ MI- -139' CELL —SITE w 808 t18. Gem STREET. MIA SHORES. FLORIDA 33196 BY LOTTERMAN DEVELOPMENT CO. Fon 11011 e OR1 0070,07 SUAMM. 00341* INC. 070 -0000 A1REUESS SERVICES • I DAA I /t 1 :: 1::VS " %: 5" .• u. u.... "• la .5.. to the Lease Agreement dated CHURCH, a•Florida not for profit corpora . . INC., as Tenant The portions of the exterior surface of the fifth level of the bell tower on the Building is shown by sketch as follows: BISIL rt.SWATICal EXHIBIT A -2 Landlord, and AT&T WIRELESS SERVICES OF FLORIDA, re6 1111.•■•'A i ■� 4~__� ,. m itb R� Ra n CMS MI s US // 11www �rro "34 AMI SSORES MI -139" CELL—SITE H Y LOTTERMA DEV MENU FOR AT &T WIRELESS SERVICES OF FLORIDA. INC. lee0 CORPORATE ORIVL ROYNTON ROACH. TLORIO* =Me bet a/e -sties ELEVATIONS ANTENNA LOCATIONS & DETAILS (I SOATH RLRVATICtM t }EXTERIOR ELEVATIONS 1 /A "I CHURCH, a Florida not for profit corpora INC., as Tenant , � y li •+' . 1998, between MIAMI SHORES PRESBYTERIAN - 7 2 to the North! come of the main sanctuary of this Buiidi�rg Isshown The space located adjacent by sketch as follows: P 641 FXHIBIT A4 an .,an IB F T SC r Fitl r+ AN • DETAU . - 'MIAMI a H O RES C.S � a1139 CELL-;SITE SITE Mt BY IATTERMAN DEVELOPMENT CO. FOR AT&T WIRSLEBS sERVICT! OT MAMMA. INC. 1111t0 COR ORATC DRWM, DOY77C$ NOCN. 01LRMA aMt• tMI) $ l—RRRR aR-a ■M IA 7-710FN r, „A,,,,...,„„:„...,:r 1 • HIBIT A4 ti,Q tease Agrocme^t y 9 Y • 1998. between MIAMI SHORES PRESBYTERIAN CHURCH, a Florida not for profit co n Landlord, and AT&T WIRELESS SERVICES OF tuna" INC., as Tenant , - Plans prepared by Dents Arden Architects, Inc., Issued July 28, 1998, more particularly described as follows: -T-1- A-1 A -2 E -1 E -2 AC-1 �tle- Floor, Site Plan and Notes Antenna Locations and Details Electrical Plans Electrical Plans Air Conditioning Plan to e ease CHURCH, a Florida rapt for profit corpora INC. as Tenant. EXHIBIT B Landlord and AT &T WIRELESS SERVICES OF FLORIDA, The Parcel Is legally describedarfollows: Lots 1 through 10, Block 61, Section 2, Miami Shores, ac ording to the map or plat thereof as recorded in Plat Book 10,. Page 37, Public Records of Dade County, Florida. • . F.1 = -. - i do the Lease Agreement dated L L 11f7 ' , een CHURCH, a Florida not for profit corpo -tic , Landlord and AT &T WIRELESS SERVICES OF FLORIDA, INC. Tenant. Repairs s to be made to the bell tower by Tenant - are described as follows: Existing Teaks in bell tower. Replacement of wooden hatch cover at the sixth level of the bell tower with a sealed metal hatch. Cleaning and/or replacement of the bell tower drainage system, including its drain field. Installation of a permanent water supply line to the top of the tower to assist in cleaning of the tower's drain line. NOV. 24. 1998 Nover414 1998 *.: RE: Miafihores Presbyterian Church, 602 NE 96 Stmet Spritit.PCS use of existing steeple for antenna auttchment Dear 14: Thank y*fiktreturning my call yesterday to discuss the above referenced site. As I infoffike4010print PCS is currently working with the Church to obtain a lease and righta*** antennas. duibirtitil our discussion, the process for approval was deteffnined to be via an adminliffetki This approval method would be used to approve the AT&T • applicatllni!tvell. The basis for this type of approval process is located within Section 4 b:1411644plicant fails to meet all the reqtdred permitting criteria it shall be scheduled for cottiiiktittIon at the next available Plamrbrg & Zoning Board." Since both AT&T and SidAtatitent is to meet all the requirements of Ordinance No 602-98, a public hernint is not required. Otte matitAlliking point of meeting the intent of the ordinance was the verification of the feeilifilf*Ality to accommodate three carriers. Since the ordinance seems to be more related that will be constructed, and this site is an existing structure, it becomes a bit convoluted. It was agreed that because of the unknown nature of the third carrier's en tenee..tetli*ents that it would be limited to antennas that were substantially identitiall**0 antennas proposed by AT&T and Sprint; further, this statement would be subriiittaby a licensed 'Engineer or Architect. • In revie*ItigOe Certifications and Declarations of RestdctIve Covenant that you forwandeitiSy attention, I thought adding the following to Section 4. Multiple Aoaotinid4Ons would be helpful; each of these additional carriers will be individually resliceisiblein;ensure structural capacity of their attachments to the 'Village Building DepaffinentOatisfaction. The attachment shall also be architecturally acceptable in its design so* Urhave as little impact as possible to the existing structure necessary to meet thelBre.4tiirenlents of the user. 7422 Wiles • Ri7lAtd Springs. Rorlde 33087 so Mk:phone 954-255-1578 a Fax 854-255-71392 M 113 11:7 Meares Technologies EU. 84UU F. 2 FEB, 26. 1999 6:19PM MASTEC TECH Na 0975 P. 2 I f 9 9 R 1-4-13294 1999 MAR 23 OB:17 CERTIFICATIONS AND DECLARATIONS OF ESTRIC COVR].11Ai1T KNOW ALL MEN BY THESE REPRESENTS: REF 8529 Pc 8 WHEREAS, Miami Shores Presbyterian Church, a Florida non- profit corporation (the "Owner" or "Declarant ") is the owner of the following described property (the "Property ") situated and being in Miami Shores Village, Florida: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 61 and the 15 foot alley running east, and west through said Block 61, MIAMI SHORES, SECTION 2, according to the Plat thereof, recorded in Plat Book 10 at Page 37 of the Public Records of Miami -Dade County, Florida, and WHEREAS, the Owner, together with Sprint Spectrum L.P., a Delaware Partnership, (hereinafter "Applicant ") with the consent of the Owner, has applied to Miami Shores Village, a Florida municipal corporation (the "Village ") for a wireless personal telecommunications services antenna permit, pursuant to Chapter 22 of the Miami Shores Village Code, and otherwise; and WHEREAS, the Owner and Applicant desire to provide certain assurances and certifications to the Village; NOW, THEREFORE, the Owner and Applicant each jointly declare and certify as follows: 1. Tit1, Owner and Applicant have provided evidence as to the status of title to the Property to the Village. 2. Continu Comx>liance, The Owner and Applicant hereby covenant and certify that the Applicant's wireless personal telecommunications services antenna proposed for the Property will be made continually compliant with all present and future promulgated safety laws, rules and regulations concerning electromagnetic frequency emissions standards promulgated by governmental authorities having jurisdiction over the Applicant and the operations of the antenna facility, or similar safety standards for other wireless communications media transmissions. The Owner and Applicant hereby acknowledge the right of the Village to require immediate removal of any wireless personal telecommunications services antenna upon the Property which does not meet such safety rules and regulations. FEB, 26, 1999 6:20PM MASTEC TECH NO. 0975 P. 3 18529 pc I., 3 Non-interference. The Owner and Applicant also covenant and certify that any of Applicant's wireless personal telecommunications services antennas proposed for the Property will not interfere with public safety communications, and further, will not unreasonably interfere with the reception or transmission of television, radio, microwave, telephone, digital or similar communications signals or receipt of signals of nearby residential or business residents. The Owner and Applicant acknowledge the right of the Village to require, if necessary, frequency relocation agreements. 4 Multiple /Accommodations. The Owner and Applicant covenant and certify that the design, structure or installation of the Applicant's wireless personal telecommunications services antenna facility proposed for the Property will be such as to accommodate at least two (2) wireless personal telecommunications services antenna facilities of other providers on a non - discriminatory basis, in addition to Applicant's installation, in the manner depicted on Exhibit "A" which is attached hereto and made a part hereof, to avoid duplication of the erection of wireless personal telecommunications services antenna towers through the village. Applicant and Owner undertake no obligations hereby to assure utilization of the structure by other service providers and Applicant and (firmer expressly disclaim any right or power to control or dictate any other service providers' choice or design of proposed facilities for this structure. Applicant will not oppose and Owner covenants and certifies that it will permit co -use of the wireless personal telecommunications services antenna structure upon the Property by at least two (2) wireless personal telecommunications services providers, in addition to Applicant, on a non - discriminatory basis. Owner and Applicant acknowledge and agree that unreasonable refusal to permit co -use shall constitute a violation of Section 22 -42 of Miami Shores village Code and may result in the Village revoking any wireless personal telecommunications services antenna tower approval and seeking a mandatory injunction to compel removal of any wireless personal telecommunications services antenna, in addition to all other remedies available to the Village for violations of its code of ordinances, and any other remedy available under the law. 5. ,Attorpev's Fetes. The Owner and Applicant hereby covenant and certify that the prevailing party shall be entitled to recover its reasonable costs and attorney's fees in the event any litigation is brought to enforce the provisions of this Declaration and Certification. FEB, 26. 1999 6:21PM WITNESSES sign: print: gr• L • EDock) sign: 1)7 — / print: S. -(, Heald STATE OF FLORIDA ) COUNTY OF DADE ) (Seal) MASTEC TECH Na 0975 BS REE 18529 P.g 4 OWNER: 1 1 1 6. Binding on Successors. The Owner and Applicant covenant and certify that this Declaration and Certification shall be binding upon the Owner, the Applicant, and each and all of their respective successors and assigns and that they shall faithfully observe and perform hereunder, for so long as Applicant operates its antenna facility on the Property. IN WITNESS WHEREOF the undersig ed have used this Covenant to be executed this (.41 day of Y1 T , 1999. PETER W. BELLOWS, BUSI __SS MANAGER G CLERK OF SESSION The oregoin instrument was acknowledged before me this At_day of , 1999, by Peter W. Bellows, as Business Manager and as Clerk of Session of Miami Shores Presbyterian Church.; on behalf of the corporation for the purposes therein a ressecl L) s known. to me or who have produced R �v.D, - 6 7 9 - S - 7 -0 as identification and who did take an oath, ®Z 9 00f NOTARY P �� l 4i* Sign r Print / State of Florida at Large My Commission Expires: O CIALN• ARY GIADYS J V L AR NOTARY nmur SfAT`E OP FLORIDA COMMISSION NO. CC714103 MY COMMISSION EXP. MAR. 1,2002 FEB. 26. 1999 6:21PM MASTEC TECH WITNESSES: APPLICANT: sign — Print sign print ' V (.i' rr7 STATE OF Georgia COUNTY OF } BB } trc 185in 4V The foregoing instrument was ac owledged be re me this day of 1999, by kn L S1¢� -n_.? as )401V SE of Sprint Spectrum L.P., on behalf of the Limited artnership for the purposes therein expressed is personally known ' THIS INSTRUMENT SPARED BY Ferry M. Adair, Esq. Becker & Poliakoff, P.A. 5201 Slue Lagoon Drive Suite 100 Miami, Florida 33126 (305)262 -4433 175933_1 and who didake an oath. I�4! NOTARY P Sign Print ACCEPTED for Miami Shores EV\,w 1999. SPRINT SPECTRUM, L.P., a Limited Part rship By Name. I W Gr e e Title: ens , 10,.ti-1np4sk- Q5)0 n grimmommemm State of Georgia at My Commission Expires: Village this EY: ' ( -WILDING OFFICIAL \ P,,a_gaitiO St VILLAGE ATTORNEY NO. 0975 P. 5 Delaware day of nn Large FEB, 26. 1999 6:22PM MASTEC TECH Exhibit "A" . REc 18529 4002 I TI-1 ELEVATION UTW ELEVATION NO, 0975 P. 7 airo or gat swam RECORDED IN OFFICIAL RECORDS SOCK OFDADECOUNTY, RECORD VERIFIED .HARVEY RUVIN CLERK CIRCLE?' COURT ...,.. di