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602 NE 96 St (3)Date 04/12/1999 Job Address 602 N.B. 96th STREET Tax Folio Legal Description MIAMI SHORES PRESBYTERIAN CHITRCH Owner / Lessee j TenantMIAMI SHORES) PRESBYTERIAN CHORCH Notary as to Owner and /or My Commission Expires: A NCTAR1 t1CWATEOP COIGN NO. NqD(P V, zgnature of owner and /or �•o President Date: ** FEES APPROVED: PERMIT A!PLICATION FOR MIAMI SHOR ndo President Zoning Mechanical C.C.F. r+ Fire Building Plumbin NOTARY Maste VILLAGE 23- 083249165Se Owner's Address 602 N.E. 96th STREET Phone (g0S) 754-9541 Contracting Co. DOUGLAS ORR 'PLUMBING, INC.. Address 'gn1 PT &GT PBIvE Permit # Qualifier DOUGLAS ORR SS# 261 76 - 1457 Phone (75) 887 -1687 State # CFC 021452 Municipal # Competency # 0012 Ins.Co.' 08- 0 - Architect /Engineer Address **Avg Company Address Mortgagor _ Address Permit Type(circle one). BUILDING ELECTRICAL PLUMBING MECHANICAL ROOF PAVING FENCE SIGN WORK ' DESCRIPTION REPAIRS :TO THE - EXISTTNG WATER PIPING SERVING HOSE' RTRR TO TOWER Square Ft. Estimated Cost(value) $500.00 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 WITH 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 jurisdiction. I understand that separate permits are required for ELE ►y ICAL, PLUMBING, SIGNS, POOLS, ROOFING and MECHANICAL WORK. OWNER'S " ►AVIT: I certify at all the foregoing information is accurate and that all work will be done i compliance with a appl i t do the stated. cabl regulating onstruction and zoning. Furthermore, `I authoriz; t abo ` d c acto ture of Contr= or or Owner- Builder * Other Electrical Engineering tary as to Contr= tor 351-1 k' My Commission Expi : s . �� 000Z/6VOI '• ittcya *3431-6 'tea mo vt lmivd * ** TOTAL DUE o March 5 1999 Mr. Frank Lubian Village of Miami Shores Building department RE: Sprint PCS/Miami Shores Presbyterian Church Antenna Installation Mr. Lubian, Please find attached the following: Five (5) signed and sealed Beam Bearing details Five (5) signed and sealed letters from MJA Communications dated March 2 1999. Three (3) Original copies of the Restrictive Covenant for building department signature Please accept the signed and sealed letter and beam detail as an attachment to Sprint's application submittal. The required Covenant is being forwarded for signature on behalf of the Building department Upon execution, extra copies will remain with Sprint and be recorded with Dade County. Please contact me should you have any additional questions. Thank you. Sincerely, Jason Laskey Mastec Technologies Sprint PCS Project — Miami MTA (305) 321 -5655 (954) 255 -1576 Ext. 137 • L O T T E R M A N REAL ESTATE SERVICES, INC. 4275 AURORA STREET, SUITE D / CORAL GABLES, FLORIDA 33146 / (305) 446 -8002 FAX # (305) 446-0840 TO: Frank Lubien FROM: Peter Sharp DATE: January 28, 1999 MEMORANDUM SUBJECT: AT&T Wireless Facility to be located at Miami Presbyterian Church M -139 Miami Shores Via Courier Frank, Attached are five (5) Originals of the Certifications and Declarations of Restrictive Covenant. Please have the appropriate Building Official and the Village Attorney sign where indicated and retum two (2) Originals to my office. °Tfi dk ou, Peter Sharp cc: Richard Sarafan, Esq. (via facsimile 305- 374 -0384) Enclosures CERTIFICATIONS AND DECLARATIONS OF RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENTS: 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 AT &T Wireless Services of Florida, Inc., a Florida corporation (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. Title. Owner and Applicant have provided evidence as to the status of title to the Property to the Village . 2. Continuous Compliance. The Owner and Applicant hereby covenant and certify that the 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. 3. Non - Interference. The Owner and Applicant also covenant and certify that any 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 wireless personal telecommunications services antenna facility proposed for the Property will be such as to accommodate at least two wireless personal telecommunications services antenna facilities of other providers, on a non - discriminatory basis, after 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 throughout the Village. Applicant and Owner undertake no obligations hereby to assure utilization of the structure by other service providers and Applicant and Owner expressly disclaim any right or power to control or dictate any other service providers' choice or design of proposed facilities for this structure. The 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 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. Attorney's Fees. 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. 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. IT WITNESS WHEREOF, the undersigned have caused this instrument to be executed and delivered on this 15 day of .� , 1999. WNER: WITNESSES: MIAMI S ,i P rL N CHURCH BY: Clerk of Session V STATE OF FLORIDA My commissi WITNESSES: STATE OF FLORIDA ss: COUNTY OF MIAMI -DADE ) foregoin instrument was sworn to and subscribed beforc me this /S *day of January, 1999 by \ ic tur 1A). je/ %15 as Business Manager and NoRn4*- 54Amii t" as Clerk of Session of Miami Shores Presbyterian Church, on behalf of the corporation for the purposes therein expressed. They are personally known to me or have produced gj` $ - 691 -3O- PPAa and ply -Ss3©- 62.43 - 4- g220 as identificatio s_ .. ,.. id take an oath. My commission expires: My Commission F� Canty, 25, ACCEPTED for Miami Shores Village this _ BY: APPROVED: Q� VILLAGE ATTORNEY THIS INSTRUMENT PREPARED BY: Richard Sarafan, Esq. Village Attorney 825 Brickell Bay Drive Tower III - Suite 1748 Miami, Florida 33131 Telephone: (305) 374 -6688 HAMSV\MSV -GEN\ PLEADINGS \Certification and Declarations (AT &T) NOTARY PUBLIC APPLICANT: AT &T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation BY: QQ�� as Director of Site Development ss: COUNTY OF MIAMI -DADE ) The foregoing instrument was sworn to and subscribed before me this )g (.. day of January, 1999 by etc).-1 � v i G as Developer of Site Development of AT &T Wireless Services of Florida, Inc., a Florida corporation, on behalf of the corporation for the purposes therein expressed. . They are personally known to me or have produced and as identification and did take an oath. • TAR' PUBLIC , 1999. / / i 7 NORTH ELEVATION EXHIBIT A NOM THC IONIC1IMIC AS IT OATS 011 THE DAZE HOW ME SPPOtT THE 1113TALLADOM0 OFPICIED REREK ASTALAVONS OMFWAIO IN AMT WAY FMON TIO MACAO OEM MAY NOT 00 SPPOMED Or THE MATURE. APPROPRIATE A0.g01ECRIRAL MO EM@k900 SNOWS SHOULD RE UNOOITAM1I 131711R0 MT IAOOPICAU0R MOT MI ACOOADANCE NM DE OEPC100 OOA01 ME UNSCRIMO& WIRER APPUCANT NOR OMMER SMNL SE UASE FOR MIMES MONO OUT OP MOOM'ICANAS 10 THE STRUCTURE THAT ARE NOT O ACCOIOIINCE MOH RE OMR OEPICTEO WV& NOM MOW 1011 OOUOCAIOI ARE MOM FOR LOCATION Wit mama W 3 .000116 AMMAR PM COLLOCATE CARRIER ELEY. HM' -0' RORK SCAM TR 'S 7 soup AMIaWI obi OLETL .s$-r sr TOP OF =LOCATC % 2' MAP MIEMHI r SOUTH ELEVATION � ) EXTERIOR STEEPLE ELEVATIONS N.T.S.I CERTIFICATIONS AND DECLARATIONS OF RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENTS: 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 AT &T Wireless Services of Florida, Inc., a Florida corporation (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. Title. Owner and Applicant have provided evidence as to the status of title to the Property the Village . 2. Continuous Compliance. The Owner ana Applicant hereby covenant and certify that the 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. 3. Non - Interference. The Owner and Applicant also covenant and certify that any 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 wireless personal telecommunications services antenna facility proposed for the Property will be such as to accommodate at least two wireless personal telecommunications services antenna facilities of other providers, on a non - discriminatory basis, after 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 throughout the Village. Applicant and Owner undertake no obligations hereby to assure utilization of the structure by other service providers and Applicant and Owner expressly disclaim any right or power to control or dictate any other service providers' choice or design of proposed facilities for this structure. The 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 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. Attorney's Fees. 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. 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. IT WITNESS WHEREOF, the undersigned have caused this instrument to be executed and delivered on this ! day of , � .. J' -`( , 1999. 1 OWNER: WITNESSES: MIAMI S ERIAN CHURCH Clerk of Session STATE OF FLORIDA COUNTY OF MIAMI -DADE ) The foregoing instrument was sworn to and subscribed before me this day of January, 1999 by�k��nf - 5�1 as Business Manager and I4 -,„„k "Vcf nnyafi" as Clerk of Session of Miami Shores Presbyterian Church, on behalf of the corporation for the purposes therein expressed. They are personally known to me or have produced Fix- $ -4 20 -W 7- -3a- 37ZO and 1 $'55D -l- 7.1 - gZ2a as identification and did take an oath. My commission APPLICANT: WITNESSES: AT &T WIRELESS SERVICES OF FLORIDA, INC., a Flo • corporation BY: �U�r0`�s ' as Director of Site Development STATE OF FLORIDA My commission expires: APPROVED: s s: ss: COUNTY OF MIAMI -DADE ) The foregoing instrument was sworn to and subscribed before me this ) L4 _day of January, 1999 by CN't yr c C•z4 v as Developer of Site Development of AT &T Wireless Services of Florida, Inc., a Florida corporation, on behalf of the corporation for the purposes therein expressed. They are personally known to me or have produced and as identification and did take an oath. THIS INSTRUMENT PREPARED BY: Richard Sarafan, Esq. Village Attorney 825 Brickell Bay Drive Tower 111 - Suite 1748 Miami, Florida 33131 Telephone: (305) 374 -6688 HAMSV \MSV- GEMPLEADINGS\Cerdficadon and Declarations (AT&T) NARY PUBLIC Notary My nur Public, E August 25, ACCEPTED for Miami Shores Village this day of , 1999. A:V ///// j NORTH ELEVATION EXHIBIT q MOT& TH! S1IRICMNL AS.IT MOSTA ON TH! OAT! motor TRH. AIRPORT THE NST*UAIONS 0EPrctED IWWK MIMAUAWAS WHAM NH AMT WV PROM THE OWICTOP OWN MAT MOT A! SWAM= ST THE STRUCMHG APPROPRIATE MQOIECRIRAL APO DIONEERINO SOOIES AOILD K INO!RTAILM OVUM AMT MOOIMCAIOMA MOT N ACCORDANCE MM 1HE OWPIC100 away ARE OO[RTIOLN. MOTHER APPIRAMT NOR WNW AWL W U WE WO OAMAOM ARRHS WE W MOOPICATON$ TO THE S1OICRNR THAT ARE MOT 01 ACCOOANQ MOH WI OWN OEPA:TED HE R11. MOTEM MEMOS FOR COHICCATIOM ARE SHOW FOR LOGIN WAX MOWN OF .0 NORM ANIMAS PHI COLLOCATE CARAFR A ELET. 4.10( —O• Of MORE C TOOWSS IMP "mom tux +e4—O TOP OP AT &T 115 ANTENNA - SOUTH ELEVATION � ) EXTERIOR STEEPLE ELEVATIONS N.T.S.I NORTH ELEVATION EXHIBIT A NO70 AK SAMA:IURE AS IT 50515 a AK alt NMI► ILL SUPPORT AK NSTN1ADONS CFFIC1 0 NEAEN. NSTO LAIIONS MUMS N MT Mr IRON AK DEPICTED O5CS WIT NOT RE WPM= ST AK 350011NL. APPROPRIATE 1NCI IaOgGL MD EN@EEAMIO SNNTS 15550 SE 15(05015055 WORE MIT NOOSICI1111ROi NOT N ACONtIARCE NM At O INCIEO 05900 ME W10EATAEOL NEMER MAlC*NT NOR OIS1fl1 SHALL 50 WINE fOR MACES AMMO OUT OP IMNIGMNS TO AIE $11R1YPE MAT ARE NOT N ACCORDANCE 1510 At OE M 05150150 NORM NOTES MUMS TOR COLLOCATION ARE SINN! POR LOCATION OM.T. NMNmN CP ] IIORMNO MUMS PER COLLOCATE CANRIER ELE11..L01• -r Borrom Of MUSE MACAWS r MP MRNMA • art .SC -r TOP Of AT*T 101 51ER .77-0' SOT10N Of ATarin ANTENNA LA0 to ELEV. .S3 -0 TOP Of mulct COLOCATORY 1Y IMP MINA 18477 4402 — C r ROUTH ELEVATION � ) EXTERIOR STEEPLE ELEVATIONS N.T.S.I OFFICIAL RECEIPT CLERIC OF CIRCUIT & COUNTY COURT OFFICE OF THE RECORDER CLR /cx 611 12/92 DADE COUNTY, FLORIDA RECORDING FEES ;P , 1 P M (DO NOT USE THIS SPACE ) OFFICIAL RECORDING RECPTQ 6 6122 99R078904 DEPT 21 REf DRDI G :4 � D f.35 TR:�� 19.50 TOTAL 19.50 f3E(:K TEND 19.50 CHANGE 0.00 TITS RECEWT NOT VALID UNLESS VALIDATED INTANGIBLE TAX iTA MPS 8 1 SURTAX REFUND PAYMENT ACCT RIO TOTAL V 1 r • 60Z VE115,4 ti NOV. 24. 1998 4:49PM MASTEC TECH NO, 8413 P. 2/3 v . November 24, 1998 JAM AS 7' t Richard Sardfan, Village Attorney Miami Shores 825 Brickell Bay Drive Tower 111 -17 door Miami, PL 33131 RE: Miami Shores Presbyterian Church, 602 NE 96 Street Sprint PCS use of existing steeple for antenna attachment. Dear Mr. Strafe= `prank you for returning my call yesterday to discuss the above referenced site. As I informed you, Sprint PCS is currently working with the Church to obtain a lease and rights to attach antennas. ' In the course of our discussion, the process for approval was determined to be via an administrative prtaess. This approval method would be used to approve the AT &T application as well. The basis for this type of approval process is located within Section 4 b: "If the Applicant fails to meet all the required permitting criteria it shalt be scheduled for consideration at the next available Planning & Toning Board." Since both AT &T and Sprint's intent is to meet all the requirements of Ordinance No. 602-98,1 public hearing process is not required. One major sticking point of meting the intent of the ordinance was the verification of the facility's ability to accommodate three carriers. Since the ordinance seems to be more related to a tower that will be constructed, and this site is an existing structure, it beetnnes a bit convoluted. It was agreed that because of the unknown nature of the third criers antenna requirements. Since then 1 have discussed this with AT &T representatives and feel confidant with their verbiage as it relates to this requirement. In reviewing the Certifications and Declarations of Restrictive Covenant that you forwarded to my attention, I thought adding the following to Section 4. Multiple Accommodations would be helpful; each of these additional carriers will be individually responsible to ensure structural capacity of their attachments to the Village Building Departments satisfaction. The attachment shall also be architecturally astable in its design so as to have as liule impact as possible to the existing structure necessary to meet the RF requirements of the user. lifasTec Technologies 742a1 Road • Coral Springs, Florida 33087 • Telephone 954-2554 578 • Fax 9555-7092 NOV. 24. 1998 4:49PM MASTEC TECH NO. 8413 P. 3/3 1 thank you for taking the time in assisting me to achieve this, required appmaval. M I explained AT &T is in the lead on this site and we are planning a site visit to discuss the construe on process with them and the Property Owners Please let me know when you have completed the required application for the administrative approval. If I can be of any assistance in this math or in helping you to complete the forms please contact me. Again, I thank you far pm direction and understanding in this matter. Sincerely, Richard C. Bogatin AICP Manager Special Projects, Sprint MTA Cc: Jim Randall, AT &T Wireless Services (Via Fax) Frank Lubian, Director Building & Zoning Department (Via Fax) b, Cat ll4 AND DECLARATIONS OF RESTRICTIVE COVENANT KNOW ALL MEN BY THESE PRESENTS: 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, Floriiia: 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 AT &T Wireless Services of Florida, Inc., a Florida corporation (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. Title. Owner and Applicant have provided evidence as to the status of title to the Property to the Village . 2. Continuous Compliance. The Owner and Applicant hereby covenant and certify that the 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. 3. Non - Interference. The Owner and Applicant also covenant and certify that any 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 WITNESSES: p di 1 C k . S --l (PRINT) OFF 1134771;440 REC 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 wireless personal telecommunications services antenna facility proposed for the Property will be such as to accommodate at least two wireless personal telecommunications services antenna facilities of other providers, on a non - discriminatory basis, after 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 throughout the Village. Applicant and Owner undertake no obligations hereby to assure utilization of the structure by other service providers and Applicant and Owner expressly disclaim any right or power to control or dictate any other service providers' choice or design of proposed facilities for this structure. The 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 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. Attorney's Fees. 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. 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. IT WITNESS WHEREOF, the undersigned have caused this instrument to be executed and delivered on this 1 ‘ day of r , 1999. OWNER: MIAMI S jr '. r P.: B ERIAN CHURCH L BY: 16,7 as Busines M • s ; g Clerk of Session (ATTEST) STATE OF FLORIDA COUNTY OF MIAMI -DADE ) oregoin • trument was sworn to and subscribed befo e me this day of January, 1999 by -R ' - t�15 as Business Manager and M A- 54�aw et as Clerk of Session of Mimi Shores Presbyterian Church, on behalf of the ration for the purposes therein expressed. They are erso 1y . known to me or have produced corp FPI. l3 — OD - b9 7 4702 and 1. ,533 ..6 --628 entificati f : = . d take an oath. My commission WITNESSES: STATE OF FLORIDA p4 °1 , 00l10 10. - APPROVED: F C l 8477PG4401 COUNTY OF MIAMI -DADE ) s s: ss: BY: THIS INSTRUMENT PREPARED BY: Richard Sarafan, Esq. Village Attorney 825 Brickell Bay Drive Tower HE - Suite 1748 Miami, Florida 33131 Telephone: (305) 374 -6688 H:\ MSV \MSV- GEN\PLEADINGS\Cerdfication and Declarations (AT &T) TARY PUBLIC APPLICANT: AT &T WIRELESS SERVICES OF FLORIDA, INC., a Flo ' corporation BY: 2t as Director of Site Development The foregoing instrument was sworn to and subscribed before me this ) ci b...day of January, 1999 by m y'; ) camel. ca as Developer of Site Development of AT &T Wireless Services of Florida, Inc., a Florida corporation, on behalf of the corporation for the purposes therein expressed. They are personally known to me or have produced and as identification and did take an oath. Y PUBLIC N th n%Fulil n County, My Commission Expires August 25, for Miami Shores Village this day o , 1999. V L AGE ATTORNEY Dic 06 00 04:4 FEB. 26. 1999 6:19PM • • 60/ P MASTEC TECH NO. 0975 P. EC .18529 PC 3998 1. Title. Owner and Applicant have provided evidence as to the status of title to the Property to the Village. 2. Continuous Compliance. 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. P.3 99R 14E3294 1999 MAR 23 08:r CERTIFICATIONS AND DECLARATIONS OF RESTRICTIVE COVENANT KNOW ALL MEN BY THESE REPRESENTS; WHFzRF.AB, 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 WHYS, 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: Dec 06 00 04:14p 8. 26.1999 6:2011( CASTEC TECH NQ 0975 P. 3 REC 1 8529 PG 9 3. ion- 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 Accomznodati••a. 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 Owner 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. Attorney's Fees. 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. p.4 Dec 06 00' 04:44p - Z6:1999 6:21P{ fASTEC TECH 6. Binding on Sucegsserc The Owner and covenant and certify that this Declarati 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 have used this Covenant to be executed this day of „ ,r 1999. WITNESSES: sign: 47 - 7 -1 print : 5 /� -l041 STATE OF FLORIDA ) COUNTY OP DADE j SS an Oath. �• sniVf (Seal) r 18529 4000 OWNER: NOTARY p Sign Print State PETER W. BELLOWS, BUS SS MANAGER G CLERK OF SESSION Theor�egoin instrument was acknowledged before me this day of �" . 1999, by Peter Manager and W. Bellows, as Business Presbyterian as Clerk of Session of Miami Shores 1�yterian Church; on behalf of the corporation for the t erei' elpresset �s . ersonally known to me or who have roduceee _p as identification and who did 2.0oz of Florida My Commission Expires: at NO. 0975 P. 4 Large P .5 Dec,06 00 04:44p ' AB. 26.' 1999 6:21PY YASTEC TEE y. WITNESSES: sign sign print print Mlles cr4rr7 t .v i reit tow)* STATE OF Georgia COUNTY OF &:Q,,- .r, The foregoing instrument was a day of 1999, of Sprint Spectrum L ..Partnez'ship for the purposes therein . ' 'to .: 4 - - and who did)ake 4, g N ACCEPTED for Majt 1999. S S ) THIS INSTRUMENT PREPARED SY: Perry 14. Adair, sag- sacker a Poliakoff, P.A. 5201 Blue Lagoon Drive Suite 100 ,Miami. Florida 33126 (305)262 -4433 175933_1 AP P L ICANT: VEC 18529 iG 4401 SPRINT Limited By an oath. BY: NO. 0975 P. 5 SPECTRUM, L.P., a Delaware Paz ship " #1- Name. Gr e Title: Is. t tc w ledged before me this t.3, (5taL. 4 , as .P., an behalf of the Limited expressed is personally known My Commission Expires: Miami Shores Village this 1 449gii14 d RL�JDIIN_G�//O�jF� FI�CIAL VILLAGE ATTORNEY an day of p. Dbc OS 00 04:44p • FEH.' 26. 1959 6: 22PM . !4STEC TECH • • • REt 1 8529 PG 4002 Exhibit "A" . • • • • • • .4•4: • N0, 0975 P RECORD WSW ECOMEZIWOFCA. LMP cuswcancutcoor ■■ Y p.7