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08/21/2024 Lease Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 5, 2024 TO: Kevin Wilson Acting County Administrator ATTN: Joe DiNovo Assistant County Attorney Nathalia Mellies Archer Assistant County Attorney FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 & September 4, 2024 BOCC Meetings The following item has been executed and added to the record, approved at the August 21, 2024 regular meeting: 013 Settlement Agreement between Monroe County, Sugarloaf Key Volunteer Fire Department and SugarloafWi-Fi, Incorporated, to resolve the litigation in Case Nos. 2017-CA- 20-K and 2017-CA-631-K and facilitate the construction of a new fire station for Monroe County at the current location of the Sugarloaf Key Volunteer Fire Departmentl s Station 10 by Fortress Secured, LLC, pursuant to a comprehensive agreement between Monroe County and Fortress Secured, LLC and Approval of a Lease Agreement between Monroe County and Sugarloaf Wi- Fi, providing for the lease of approximately 720 square feet of space on the Sugarloaf Fire Station 410 property to construct and operate a cellular communication tower, attached to the Settlement Agreement as Exhibit 1. The following item has been executed and added to the record, approved at the September 4, 2024 special budget hearing: F1 Settlement Agreement between Monroe County, Sugarloaf Key Volunteer Fire Department and Sugarloaf Wi-Fi, Incorporated, to resolve the litigation in Case Nos. 2017-CA- 20-K and 2017-CA-631-K and facilitate the construction of a new fire station for Monroe County at the current location of the Sugarloaf Key Volunteer Fire Department's Station 10 by Fortress Secured, LLC. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Final Execution Version 8-6-24 LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement"), dated as of the.last date signed below, is entered by MONROE COUNTY,FLORIDA, a political subdivision of the State of Florida with a principal address of 1100 Simonton Street, Key West, Florida 33040 ("LANDLORD"), and SUGARLOAF WI-FI INC., a Florida corporation, with a Tax ID#of 81-4891383 and a principal address of 92300 Overseas Highway, Suite 203, Tavernier, Florida 33070 ("TENANT") (each a "Parry"and collectively the "Parties"). WHEREAS,LANDLORD owns certain real property located at 17175 Overseas Highway, Property ID # 00117930-000100, on Sugarloaf Key in Monroe County, Florida, together with all rights and privileges arising in connection therewith (collectively, the "Property"); and WHEREAS, LANDLORD has undertaken a public-private development of a fire station on the Property pursuant to section 255.065,Florida Statutes,bid#437-0-2022/LA,in conjunction with private developer Fortress Secured, LLC ("Developer"); and WHEREAS, TENANT desires to use a portion of the Property to construct a Communications Facility, as defined below, in connection with its federally licensed communications business; and WHEREAS, LANDLORD desires to grant to TENANT the right to use a portion of the Property in accordance with this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the Parties agree as follows: 1. Lease of Premises. LANDLORD leases to TENANT a certain portion of the Property containing approximately 720 square feet as described on the attached Exhibit "A", together with unrestricted access for TENANT's uses from the nearest public right-of-way along the Property to the Premises as described on the attached Exhibit "A" (collectively, the "Premises"). 2. Permitted Use. TENANT shall use the Premises in accordance with this section ("Permitted Use"). TENANT may construct, maintain, and operate a communications tower and associated structure, and uses incidental thereto,as determined by TENANT,now or in the future, to meet TENANT's telecommunication needs, which may also include a security fence of chain link or comparable construction that may, at the option of TENANT, be placed around the perimeter of the Premises excluding the right-of-way (collectively, the "Communications Facility").All improvements,modifications, supplements,replacements,removals,or relocations, that are necessary for TENANT's continued use,shall be made at TENANT's expense. In addition to the Premises,LANDLORD grants TENANT the right to use such other portions of the Property Page 1 of 18 Final Execution Version 8-6-24 as are reasonably required during the construction and installation of the Communications Facility, provided,however,that TENANT does not interfere with the construction or operation of the fire station. TENANT shall maintain the Premises in a reasonable condition and shall be solely responsible for the repair and maintenance of all of TENANT's improvements on the Premises, excluding repair and maintenance due to the willful misconduct or gross negligence of the LANDLORD,its employees,agents,or contractors or invitees.The Leased Premises and positions on the Tower shall be used for, and LANDLORD agrees that TENANT is authorized to perform, the installation, maintenance, and operation, all at TENANT's sole expense, of the necessary equipment and associated antenna. (a) Permitted Use includes TENANT's exclusive right to sublease space on the Communications Facility and within the Premises to any provider licensed by the FCC. TENANT will provide written notice to, but is not required to obtain the consent or the approval of, LANDLORD regarding any such sublease. (b)Permitted Use includes excavation of any portion of the Premises to install such foundations as may be required for the Communications Facility. (c) Permitted Use includes installation of flexible coaxial transmission lines between components of the Communications Facility on the Premises. 3. Term. (a) The initial term of this Agreement will be ten(10)years("Initial Term"),commencing upon the Commencement Date, as defined below, unless terminated sooner as provided in this Agreement. (b) This Agreement will automatically renew for a second ten (10) year term ("First Renewal Term")and three(3)additional terms of five(5)years(each referred to as a"Subsequent Renewal Term"),upon the same terms and conditions,unless Tenant chooses to terminate as noted in this paragraph. Tenant may choose to terminate this Agreement, by providing LANDLORD with written notice of its intention not to renew this Agreement at least three (3) months prior to the expiration of the current term. TENANT has the sole choice to extend for additional Renewal Terms as noted herein. (c) If TENANT remains in possession of the Premises after the termination or expiration of this Agreement then TENANT will be deemed to be occupying the Premises on a month-to- month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. l (d) The Initial Term,the Renewal Term(s),and the Holdover Term are collectively referred to as the Term ("Term"). Page 2 of 18 Final Execution Version 8-6-24 4. Rent. (a) Commencing on the date TENANT receives all necessary permits for construction of its Communications Facility (the "Commencement Date"), TENANT will pay LANDLORD a monthly rental payment of Five Hundred Dollars($500.00)("Rent")at the address set forth above on or before the fifth (5th) day of each calendar month in advance. Rent will be prorated for any partial month. TENANT will pay the initial Rent payment within thirty (30) days after the Commencement Date. (b) The Rent amount assumes that TENANT has up to one carrier or other user of its Communications Facility. For each additional carrier or user, the monthly Rent will increase by Four Hundred Dollars ($400.00). (c) In each year after the first year of the Initial Term, the monthly Rent payable will increase by three percent (3%)over the Rent payable during the previous year. 5. Governmental A wovals. (a) TENANT's ability to use the Premises is contingent upon the suitability of the Premises for the Permitted Use and TENANT's ability to obtain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by TENANT for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Governmental Approvals"). LANDLORD authorizes TENANT to prepare, execute and file all required applications to obtain Governmental Approvals for the Permitted Use and agrees to reasonably assist TENANT with such applications. In addition, TENANT shall have the right to initiate the ordering and/or scheduling of necessary utilities. TENANT is responsible for all charges for utilities used or consumed by TENANT on the Premises. (b) If during the Term TENANT is unable to use the Premises for a Communications Facility in the manner intended by TENANT due to denial of Governmental Approvals, or due to changes in previously granted Governmental Approvals, or if radio frequency propagation tests are found to be unsatisfactory so that TENANT, in its sole discretion, will be unable to use the Premises for a Communications Facility in the manner intended by TENANT, TENANT shall have the right to terminate this Agreement upon written notice to LANDLORD. (c) TENANT has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of TENANT's choice. In the event TENANT determines, in its sole discretion, due to the title report results or survey results,that the condition of the Premises is unsatisfactory, TENANT will have the right to terminate this Agreement upon written notice to LANDLORD. Page 3 of 18 Final Execution Version 8-6-24 (d) TENANT may also perform and obtain, at TENANT's sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on,over,and under the Property,necessary to determine if TENANT's use of the Premises will be compatible with TENANT's engineering specifications, system, design, operations or Governmental Approvals,provided, however,that TENANT does not interfere with Developer or construction or operation of the fire station. (e) If TENANT terminates the Agreement under this section,LANDLORD shall retain all Rent paid to LANDLORD prior to the termination date. Upon such termination, LANDLORD and TENANT shall have no other further obligations to each other, other than TENANT's obligation to remove its property as hereinafter provided. 6. Communication Interference and Resolution Process. Both Parties shall comply with all applicable FCC guidelines and protocols to their communication equipment and approved and authorized communications use. (a) Landlord LANDLORD shall at all times exercise the highest standard of care and judgment to prevent interference with TENANT's Communications Facility and Permitted Use of the Premises. LANDLORD agrees that LANDLORD will be permitted to install and use only such approved and authorized communication equipment for LANDLORD's fire station and public safety emergency communications or non-governmental functions, that is of the approved and authorized type and frequency and that will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing communication equipment of TENANT. Furthermore, in the event LANDLORD desires to add or replace its communication equipment in the future, such communication equipment must be of the approved and authorized type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing communication equipment of TENANT on the Property. LANDLORD will use its best efforts to notify TENANT in advance of the installation of any new communications equipment, so TENANT, or its sublessees, have the opportunity to test for potential interference. (b) Tenant TENANT shall at all times exercise the highest standard of care and judgment to prevent interference with LANDLORD's existing authorized communication equipment used for LANDLORD's fire station and public safety emergency services, and the provision of such services. TENANT, and any of its sublessees (which must be FCC licensed), will install communication equipment of the approved and authorized type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any communication equipment LANDLORD is using on the Property prior to the Page 4 of 18 Final Execution Version 8-6-24 date this Lease. Furthermore, in the event TENANT, including any of its sublessees, desires to add or replace communication equipment in the future, such communication equipment must be of the approved and authorized type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing communication equipment of LANDLORD on the Property. After the initial construction and installation of its Communications Facility, TENANT will notify LANDLORD in advance of the installation of any new equipment and provide results of tests demonstrating lack of potential interference. (c) Third Part Interference With regard to third party interference, each Party agrees to comply with applicable FCC guidelines and protocols. Neither Party, nor any FCC-licensed sublessee, shall be responsible for communications interference caused by a person or entity not a Party to this Lease or the sublessee, whose communications have not been authorized by a Party through a valid sublease or other agreement. (d) Notification Process In the event a Party believes that the other Party, or its authorized sublessees, communication equipment is causing interference with any authorized communications, the Party will send a written notification of such interference and request to remedy ("Notice of Potential Interference"). Upon receipt of the Notice of Potential Interference, the receiving Party will take all commercially reasonable steps necessary to investigate, test and eliminate any actual interference. Notwithstanding the foregoing, both Parties agrees to cooperate with each other's efforts to locate the interference source and make a good faith effort to resolve the interference in a manner that does not diminish each Party's authorized use. If TENANT is the potential cause of interference, then TENANT must power down its Communication Facility (or portion thereof, including sublessee portions) within 48 hours after receipt of Notice of Potential Interference for testing, and if TENANT is the cause of interference it must remedy the situation before resuming operation. In no event will either Party be entitled to terminate this Agreement or deem a default under the Agreement, so long as the Party that is potentially causing the interference is making a good faith effort to remedy the interference issue. (e) Interference Resolution Process—Unrelated Licensed Engineer In the unlikely event that the Parties are unable to mutually resolve a potential interference issue using the process as noted above, then within ten (10) calendar days after the initial Notice of Potential Interference was delivered, TENANT will hire a neutral unrelated licensed engineer that has expertise in communication to review, analyze, and provide a written opinion to both Parties as to whether an interference exists, and if there is interference what is the interference and what is/are the source(s). The designated licensed engineer shall have ten (10) calendar days to complete this task and deliver its written determinations. If there is interference found and the source is a Party, and not a third party Page 5 of 18 Final Execution Version 8-6-24 (which is governed by subsection (c) above), then the Party responsible for the interference shall take immediate action to commence curing the interference. 7. Taxes. TENANT shall be responsible for making any necessary returns for and paying any and all personal property taxes separately levied or assessed against TENANT's facilities or the improvements constructed by TENANT on the Premises. Taxes are not to be considered as additional Rent, but rather as reimbursement to LANDLORD and to be separately billed. TENANT shall pay for any documented increase in ad valorem real estate taxes levied against the Property which are directly attributable to the improvements constructed by TENANT on the Property and are not separately levied or assessed by the taxing authorities against TENANT or the improvements of TENANT.LANDLORD shall pay all other ad valorem real property taxes levied against the Property on or before the date such taxes become delinquent. LANDLORD hereby agrees that if the taxes which are levied against the LANDLORD and TENANT's improvements on LANDLORD's property are incorrectly assessed, TENANT maintains the right to appeal the tax assessment to the appropriate governmental authority, said appeal shall be paid for by TENANT. Should any taxing authority with jurisdiction over the Property offer an early payment tax incentive, LANDLORD hereby agrees that TENANT shall be allowed to pay the taxes under the incentive plan which shall allow for TENANT to take advantage of any offered incentives. LANDLORD shall furnish TENANT within thirty (30) days of receipt by LANDLORD or LANDLORD's representative of the tax assessment for any assessed taxes which are levied against the Property.LANDLORD'S ability to bill TENANT for said taxes is limited to the current and previous two (2)years tax billing in question. In no event will LANDLORD have the ability to bill for pro-rata share or estimates of taxes on future tax billings. 8. Insurance. (a) TENANT shall, at is sole cost and expense, at all times during the term of this Agreement maintain in effect a policy or policies of insurance (i) covering its personal property located on the Premises and TENANT's improvements to the Premises paid for an installed by TENANT, providing protection against any peril, except windstorm and flood, included under insurance industry practices within the classification "fire and extended coverage," providing protection as deemed desirable by TENANT with respect to its personal property and the full insurable value of its TENANT improvements paid for by TENANT;and(ii)Commercial General Liability insurance with minimum limits of $1,000,000 for injury to or death of one or more persons and for damage to or destruction of properties in any one occurrence. In addition, TENANT shall comply with the insurance provisions contained in Exhibit`B"to this Agreement. (b) On or before the Commencement Date, and thereafter during the Term hereof, TENANT shall provide LANDLORD with original,current Certificates of Insurance, and renewal certificates of insurance thereafter, executed by a duly authorized representative of each insurer, or by the insurance agent or broker authorized to do so, as evidence of all insurance policies. Said Certificates of Insurance shall name the Monroe County Board of County Commissioners as an Page 6 of 18 Final Execution Version 8-6-24 Additional Insured and Certificate Holder. No insurance policy required hereunder may be canceled, materially revised, or subject to non-renewal without at least thirty (30) calendar days prior written notice being given to LANDLORD or, in the event of cancellation for non-payment of premium,ten(10)days prior written notice.Developer shall provide LANDLORD with renewal certificates of insurance or binders not less than five (5) business days prior to such expiration. Insurance shall be maintained without lapse in coverage during the term of this Agreement. LANDLORD shall also be given certified copies of TENANT's policies of insurance, upon request. (c) The required policies, and any policies of insurance procured by TENANT providing coverage in excess of the required policies, shall provide that the coverage is primary for all purposes and TENANT shall not seek any contribution from any insurance or self-insurance maintained by LANDLORD. TENANT shall be solely responsible for any deductible or self- insured retention on insurance required hereunder. 9. Sale of Propert . If LANDLORD, at any time during the Term, decides to sell, subdivide, or rezone the Property or any part of the to a purchaser other than TENANT, LANDLORD shall promptly notify TENANT in writing, and such sale shall be subject to this Agreement and TENANT's rights hereunder.LANDLORD agrees not to sell or lease any areas of the Property for the installation, operation, or maintenance of other wireless communications facilities. LANDLORD shall not be prohibited from the selling or leasing of any of Property for non-wireless communication use. 10. ttuiet Enio1ment. LANDLORD covenants that TENANT, on paying the Rent and performing the covenants, terms and conditions required of TENANT contained herein, shall peaceably and quietly have, hold and enjoy the Premises and the leasehold estate granted to TENANT by virtue of this Agreement. 11. Assitgnment. This Agreement may be sold, assigned or transferred at any time by TENANT to TENANT's parent company or any affiliate or subsidiary of TENANT or its parent company or to any entity with or into which TENANT is merged or consolidated, or to any entity resulting from a reorganization of TENANT or its parent company, or any other third party, upon the prior written consent of LANDLORD, such consent not to be unreasonably withheld. 12. Condemnation. If notice is given to LANDLORD that the Property will be condemned by any legally constituted public authority, then LANDLORD shall promptly notify TENANT of such taking or condemnation. If the whole of the Property,or such portion thereof as will make the Premises unusable by TENANT for Permitted Use, is condemned by any legally constituted public authority,then this Agreement shall,at TENANT'S option,cease from the time when possession thereof is taken by the public authority, and Rent shall be accounted for as between LANDLORD and TENANT as of that date. However, nothing in this section shall be construed to limit or adversely affect TENANT's right to seek an award of compensation from any Page 7 of 18 Final Execution Version 8-6-24 public authority that is seeking condemnation proceeding for the taking of TENANT's leasehold interest hereunder or for the taking of TENANT's improvements, fixtures, equipment, and personal property. 13. Hazardous Substances. LANDLORD believes,represents,and agrees that neither LANDLORD nor, to the LANDLORD's knowledge, any third party has used, generated, stored, or disposed of any Hazardous Materials in, on, or under the Property. "Hazardous Materials" means petroleum or any petroleum product, asbestos, and any other substance, chemical, or waste that is identified as hazardous, toxic, or dangerous in any applicable Federal, State, or local law, rule, regulation, order or ordinance. TENANT shall indemnify, defend and hold LANDLORD harmless from any and all claims,damages,fines,judgements,penalties,costs, liabilities or losses from the presence or release of any Hazardous Materials on the Property if caused by TENANT or persons acting under TENANT. 14, O. :ortunit to Cure. (a)If TENANT should fail to pay any Rent or other amounts payable under this Agreement when due, or if either Party should fail to perform any other material covenant,term, or condition of this Agreement (other than section 6), prior to exercising any rights or remedies on account thereof, the non-defaulting Party shall first provide the defaulting Party with written notice specifying the nature of the default and provide the defaulting Party with a thirty (30) day period to cure such default if such default is a failure to pay rental or any other sum of money under this Agreement, or a sixty (60) day period to cure such default if such default is a failure to perform any other material covenant, term, or condition of this Agreement. If such default, other than a failure to pay Rental or any other sum of money hereunder, is not capable of being cured within a sixty (60)day period,the defaulting Party shall be afforded a reasonable period of time to cure the failure provided that defaulting Party promptly commences curing the default after notice and prosecutes the cure to completion with due diligence. This section's notice requirement and opportunity to cure does not apply to instances of interference with communications, which are governed by section 6. (b) In the event that LANDLORD is in default of its obligations under this Agreement and such default continues for thirty(30)days after written notice from TENANT, TENANT may at its option and in any addition to any other right or remedy available hereunder, or at law or equity incur reasonable expenses necessary to perform the obligation of LANDLORD specified in such notice, and any amount paid by TENANT in so doing shall be deemed paid for the account of LANDLORD,and LANDLORD agrees to reimburse TENANT therefor and TENANT may set off from rent or other amounts due hereunder any reasonable amount expended by TENANT as a result of such default. 15. Notices. Any notices or demands which are required by law or provided under the terms of this Agreement shall be given or made by LANDLORD or TENANT in writing and shall be given and addressed to the respective Parties set forth below. Such notices shall be deemed Page 8 of 18 Final Execution Version 8-6-24 received five (5) days after mailing. Every notice, demand, or request hereunder shall be sent to the addresses listed below: If to LANDLORD County Administrator Monroe County 1100 Simonton Street,Room 2-205 Key West,FL 33040 v With a copy to: County Attorney Monroe County I I 1112th Street, Ste. 408 Key West, FL 33040 If to TENANT Edward Bie 497 20th Avenue Indian Rocks Beach, FL 33785 With a copy to: James Byrne, Esq. 540 4th Street N Saint Petersburg, FL 33701 Rejection or refusal to accept delivery of any notice, or the inability to deliver any notice because of a changed address of which no notice was given, shall be deemed to be receipt of any such notice. 16. Termination, After the fifth calendar year of this Agreement, and notwithstanding any other termination rights available to TENANT under this Agreement, TENANT, at its sole and absolute discretion, and without any cause required, shall have the right to terminate this Agreement with ninety(90)days prior written notice to LANDLORD and a lump sum payment to LANDLORD in an amount equal to six (6) months' of Rent. The Rent shall be computed at the rate that is in effect at the time of termination. At termination, TENANT shall execute upon the request of the LANDLORD a written cancellation of the Agreement in recordable form and TENANT shall have no other further obligations, other than TENANT's obligation to remove its property as hereinafter provided. 17. Removal of Im)rovements. Title to all improvements constructed or installed by TENANT on the Premises shall remain with TENANT, and all improvements constructed or installed by TENANT shall at all times be and remain the property of TENANT, regardless of whether such improvements are attached or affixed to the Premises. TENANT, upon termination of this Agreement, shall, within ninety(90)days, remove all improvements, fixtures, and personal Page 9 of 18 Final Execution Version 8-6-24 property constructed or installed on the Premises by TENANT and restore the Premises at grade to substantially the same condition as received. TENANT shall not be required to remove any foundations, driveways, or underground cables or wires below grade. If such removal causes TENANT to remain on the Premises after termination of this Agreement,TENANT shall pay Rent at the then existing monthly rate, or on the existing monthly pro rata basis if based upon a longer payment term, until such time as the removal is completed. 18. Release and Cancellation. Upon termination of this Agreement and during removal of improvements, TENANT shall execute, in a form acceptable to LANDLORD, an express written release to LANDLORD. The express written release is to effectively terminate any ingress / egress / utility or other easements used by TENANT for the operation of the Communications Facility. Any easement, at LANDLORD's request, will be restored to previous condition. 19. Miscellaneous. This Agreement cannot be modified except by a written modification executed by LANDLORD and TENANT in the same manner as this Agreement is executed. The headings, captions and numbers in this Agreement are solely for convenience and shall not be considered in construing or interpreting any provision in this Agreement. Wherever appropriate in this Agreement, personal pronouns shall be deemed to include other genders and the singular to include the plural, if applicable. This Agreement contains all agreements,promises and understandings between the LANDLORD and TENANT, and no verbal or oral agreements, promises, statements, assertions or representations by LANDLORD or TENANT or any employees, agents, contractors or other representations of either, shall be binding upon LANDLORD or TENANT. 20. Securiii Interest. It is the intent of the Parties that neither Party shall have a security interest whatsoever in any personal property of the other Parry, and,to the extent that any applicable statute, code, or law grants to a Party such an interest, that Party does hereby expressly waive any rights thereto. 21. Attorney's Fees. In any proceeding which either Party may prosecute to enforce its rights hereunder, the prevailing Party shall be entitled to an award reasonable attorneys' fees and costs against the other Party. 22. Governing Law. This Agreement shall be governed and interpreted by, and construed in accordance with, the laws of the State of Florida where the Property is located. The exclusive venue for any lawsuit arising in connection with this Agreement shall be the circuit court of Monroe County, Florida. 22. Memorandum of Agreement. At the request of TENANT, LANDLORD agrees to execute a memorandum or short form of this Agreement, in recordable form, setting forth a description of the Property,the term of this Agreement and other information desired by TENANT for the purpose of giving public notice thereof to third parties. Page 10 of 18 Final Execution Version 8-6-24 23. Binding Effect. This Agreement shall extend to and bind the heirs, personal representatives, successors, and assigns of LANDLORD and TENANT and shall constitute covenants running with the land. 24. Counter)arts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which shall constitute the same Agreement. 25. Rental Stream Offer.If at any time after the date of this Agreement,LANDLORD receives a bona fide written offer from a third party seeking an assignment of the rental stream associated with this Agreement("Rental Stream Offer"), LANDLORD shall immediately furnish TENANT with a copy of the Rental Stream Offer. TENANT shall have the right within twenty (20)days after it receives such copy and representation to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If TENANT chooses not to exercise this right or fails to provide written notice to LANDLORD within the twenty (20) day period, LANDLORD may assign the rental stream pursuant to the Rental Stream Offer, subject to the terms of this Agreement. [signatures on following page] Page 11 of 18 Final Execution Version 8-6-24 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals. MONROE COUNTY ATTORNEY'S OFFICE Signed, sealed and delivered in the presence of: APPROVED AS TO FORM ,.-6-.D:m a ,, , LANDLO : MONROE COUNTY ; .- , ) � , - ;--_. f9i" ,'„-tip ��78 ,,,,.,• r� ' / t`\ (� ''i,'�v--� 1 ' JOSEPH DIN B y{� �. .,.' A-.SISTANT ATTORNEY • rp a • J 1 --5-3 0 Its: Mayor - �. -- !2, -.9.',.%* f.;----- t.7.:*.,,,,,Q ''` Tax ID # 59-6000749 , 111 till/ A-2 Witne s Witness Print Name: An ia l Cat- 6if� Print Name:`T�a it&44x-s (-4. 03sci,„c, -L-0,y-ox6kA. STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged EIIN PERSON or ❑ ONLINE, before me g g g this ik5' day of AiAryiAs# , 2024, by tAt 1)viPA Q,ft\, '‘ Ot GY),e.A1(1 (print name) who is personally known to me or who has produced as identification and who did take an oath. ff-',:c`ti,"-% LIZ YONGUE i,: '.,i; :*= MY COMMISSION#HH 474082 �•'.F; Ne- EXPIRES:April 15 2028 _ NXISM VAA1.091/ ot Public 7->-" Print Name: Loyot& Ovvve , eL C...,,i_.,..., L ":r: .-. `: Page 12 of 18 Final Execution Version 8-6-24 Signed, sealed and delivered in the presence of: TENANT: By• Its: Tax ID# _ _...._ _... ... Witness ...... ... Witness Print Name: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged ❑ IN PERSON or ❑ ONLINE, before me this day of , 2024, by. (print name) who is personally known to me or who has produced as identification and who did take an oath. Notary Public Print Name: Page 13 of 18 Final Execution Version 8-6-24 EXHIBIT "A" Property located at 17175 Overseas Highway, Property ID # 00117930-000100 (Premises depicted in upper left corner and shown in greater detail on next page): y� M �Ye,tl xwk. it ,�.aa..�µ1�; ��N4,rw' . a `m'M r��4, kM �v .� �u 4 � w ia�➢l[ 4`4 1, ww u� tg� u„ $ PPP s i e X: m w r � N � mi.11Y a �C --------------- N m^4 ,,,,.n.�. 1 r "JAau ¢�a4 Rjx Page 14 of 18 Final Execution Version 8-6-24 Premises leased to Tenant (720 sf): MN TIE LINE OWN, MEN, wwwwwo, Mom,400 hn, '91, % 4 99 b% 0, 40 THLS AR LA G Of SE RVE 0 FOR � FUTURE TELECOWU FACILITY F AND EOURLIENT N I C t+ �OTAL 720 S F aW71 v 7111, Jog ze 0, e ........................... Vj 'v j ty doll ri 1Z ir . ........... Page 15 of 18 Final Execution Version 8-6-24 EXHIBIT `B" Insurance Coverage TENANT and all affiliates, sublessees, contractors, subcontractors, vendors, consultants and agents ("Insureds'') engaged in Permitted Uses shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Permitted Uses. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an"occurrence"basis property damage,bodily injury and personal&advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability:Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), with limit no less than $1,000,000 per accident for bodily injury and property damage; or, if Insured has no owned autos, it may endorse its CGL policy with Hired and Non Owned coverage. 3. Workers' Compensation insurance as required by the State of Florida, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease; or, if Insured is not required to obtain this coverage, it may submit a letter on company letterhead to LANDLORD stating that it is not required and has elected not to obtain this insurance. If Insured maintains broader coverage and/or higher limits than the minimums shown above,LANDLORD requires and shall be entitled to the broader coverage and/or the higher limits maintained by Insured. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to LANDLORD. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions: Additional Insured Status LANDLORD, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed Page 16 of 18 Final Execution Version 8-6-24 by or on behalf of the Insured including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Insured's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this Agreement,Insured's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects LANDLORD, its officers, officials,employees,and volunteers.Any insurance or self-insurance maintained by LANDLORD, its officers, officials, employees, or volunteers shall be excess of the Insured's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to LANDLORD. Waiver of Subrogation Insured hereby grants to LANDLORD a waiver of any right to subrogation which any insurer of said Insured may acquire against LANDLORD by virtue of the payment of any loss under such insurance. Insured agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not LANDLORD has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by LANDLORD. LANDLORD may require the Insured to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide,that the self-insured retention may be satisfied by either the named Insured or LANDLORD. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to LANDLORD. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work, 2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5)years after completion of the contract of work, and 3. If coverage is canceled or non-renewed,and not replaced with another claims-made Page 17 of 18 Final Execution Version 8-6-24 policy form with a Retroactive Date prior to the contract effective date,the Insured must purchase "extended reporting"coverage for a minimum of five (5)years after completion of contract work. Verification of Coverage Insured shall furnish County with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to County before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Insured's obligation to provide them. County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 18 of 18 SOUNOFS-01 MLI11M. Z DATE(MMIDDNYYY) CERTIFICATE OF LIABILITY INSURANCE 8/1912024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ... ... ........... IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER tC ACT Michelle Liwosz Acrisure Southeast Partners Insurance Services,LLC PHONE FAX 1317 Citizens Blvd Arc Nq,'Ext)':(81010)845-8437 (A!C.No): Leesburg,FL 34748 MLIw1osz@,a,Cr!s,Ure'.coT COVERAGE NAIC# INSURER A:Scottsdalle-1,n­s­u­ra_ncq Company 41297 INSURED INSURER B: Sugarloaf WI-Fi Inc I INSURER C: PO Box 987 INSURER Indian Rocks Beach,FL 33785 INSURER E: ............... INSURER F: ...................... COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS' POLICY EFF POLICY EXP LTR 1, , MMWYYYY$' INSR' TYPE OF INSURANCE ADDL SUBR� POLICY NUMBS ,LIMITS I MITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 19000,000 DAMAGE TORENTEb 100,0od CLAIMS-MADE [X] OCCUR CPS78811982 1011612023 1011612024{yPOEMISESLEg�,TrA rr�,rcce�), MED EXPAny one persqq� 5,00 0 PERS NA &ADVINJURY 1,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE 9 2,000,000 POLICY❑JPERCOT- LOC PRODUCTS-COM Excluded P/OP AGG .......... ..................................... AUTOMOBILE LIABILITY APPROVED BY RISK MANAGEMENT COMBINED SINGLE Gkif 1.­1 1 _(_Ei,, $ BY,­­ t,­_111111 I'll,ANY AUTO 1,BODILY INJURYI,(PeT pgr�;on) OWNED SCHEDULED AUTOS ONLY _I AUTOS DATE 8119/2024 �_PQDILY INJURY,(P#r,eccWent) $ HIRED NON-OWNED r WAIVER NIA YES PROP.ERTY AMAGE AUTOS ONLY AUTOS ONLY 9'. d.nf� ------------- ............ ........ UMBRELLA LIAB IOCCUR EACH OCCURRENCE 5 EXCESS LI I AB CLAIMS-MADE AGGREGATE DED ON$ WORKERS COMPENSATION 7-P-ER T OT H_AND EMPLOYERS'LIABILITY STAPUTE. I �tll R, YIN �ANY PROPRIETORIPARTNER/EXECUTIVE [J E.L.EACH ACCIDENT $ ,MaFnd FIC ER/MEMBER EXCLUDED? NIA atory In NH) E.L.DISEASE-EA EMPLOYEL .$ If yes desc S6 ribe under Pt,§qR!FT!MPF,CPERATIONS below E.L.DISEASE-POLICY LII ................... ...................... M .......... DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Monroe County BOCC are included as additional insured(s),on a primary and non-contributory basis,under the terms and conditions of the attached forms and with respects to the General Liability Policy when additional insured status is required by written contract. Waiver of Subrogation is included as part of the General Liability Policy and applies when required by written contract,provided the contract is executed prior to any loss. ............................... ­­....................... CERTIFICATE HOLDER,",", ............. CANCELLATION............................ ........­­ .................. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 ......................... AUTHORIZED REPRESENTATIVE ............ ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: CPS7881982 COMMERCIAL GENERAL LIABILITY CG 20 01 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CPS7881982 COMMERCIAL GENERAL LIABILITY CG 20 1112 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 17175 OVERSEAS HWY, SUMMERLAND, FL Name Of Persons ... ..._.. a ( )Or Or ganization(s) (Additional Insured): MONROE COUNTY FLORIDA BOCC 1100 SIMONTON ST KEY WEST FL 33040 UNITED STATES Additional Premium: $ W....................... _ ..__ .... Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Inform _ w�._... ... .................��� A. Section 11 — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to provide caused, in whole or in part, by you or those acting for such additional insured. on your behalf in connection with the ownership, B. With respect to the insurance afforded to these maintenance or use of that part of the premises additional insureds, the following is added to leased to you and shown in the Schedule and Section III—Limits Of Insurance: subject to the following additional exclusions: If coverage provided to the additional insured is This insurance does not apply to: required by a contract or agreement, the most we 1. Any "occurrence" which takes place after you will pay on behalf of the additional insured is the cease to be a tenant in that premises. amount of insurance: 2. Structural alterations, new construction or 1. Required by the contract or agreement; or demolition operations performed by or on behalf 2. Available under the applicable limits of of the person(s)or organization(s)shown in the insurance; Schedule. whichever is less. However: This endorsement shall not increase the applicable 1. The insurance afforded to such additional limits of insurance. insured only applies to the extent permitted by law;and CG 2011 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CPS7881982 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): MONROE COUNTY FLORIDA BOCC 1100 SIMONTON STREET KEY WEST FL 33040 UNITED STATES _........... Information required tocomplete this Schedule if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 2023 Revision MONROE COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. ContractorNendor: Su arloaf Wi-Fi inc Project or Service: Tower at Sugarloaf,Fire Station ContractorNendor Address&Phone#: P O Bg? 158 Indian,Rocks Beach,,FI 33785 72,,7-4$0-7950 General Scope of Work: Install 100 Foot Stealth Tower and equipment Reason for Waiver or Modification: Policies Waiver or Modification will apply to:C Signature of ContractorNendor: Date: Approved Not Approved Risk Management Signature: ,.'"°,- M'm Date 8/16/2024 Waiver of Auto Liability andWorkers Comp Acted County Administrator appeal: Approved: X Not Approved: Date: Board of County Commissioners appeal: Approved: w, _ Not Approved Meeting Date: _...... 111 Administrative Instruction 7500 COUNTY FORMS AFFIDAVIT By signing this Affidavit,Sugarloaf Wi-Fi,Incorporated,a Florida corporation,has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Lobbying and Conflict of Interest Statement, Vendor Certification Regarding Scrutinized Companies List and Common Carrier as set forth below. Public Entity Crime Statement A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid,proposal, or reply on contracts to provide any goods or services to a public entity, may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids,proposals,or replies on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The LESSEE certifies and agrees that LESSEE nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Ethics Clause By signing this Affidavit,the LESSEE warrants that it has not employed,retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150,Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise recovers the frill amountt of any fee,commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. Vendor Certification Reeardin2 Scrutinized Companies Lists LESSEE agrees and certifies compliance with the following: Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List which were created pursuant to Section 215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of LESSEE,I hereby certify that the company identified above as "LESSEE" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney's fees, and/or costs.I further understand that any contract with the County may be terminated immediately, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Lessee has reviewed Section 287.135, Florida Statutes, and in accordance with such provision of Florida law, is eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services. Note: The List are available at the following Department of Management Services Site: littp://www.dms.myflorida.coni/business operations/state purchasing/vendor information/convicted suspended dis criminatorycomplaints vendor lists Common Carrier If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes,then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention, removal,or departure of the person from this state or the United States. THE STATEMENTS CONTAINED IN THIS AFFIDAVIT ARE TRUE AND CORRECT,AND MADE WITH FULL KNOWLEDGE THAT MONROE COUNTY RELIES UPON THE TRUTH OF THE STATEMENTS CONTAINED IN THIS AFFIDAVIT IN AWARDING CONTRACTS FOR SAID PROJECT. UNDER PENALTIES OF PERJURY, I HEREBY CERTIFY AND DECLARE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AFFIDAVIT.PURSUANT TO THE AUTHORITY GRANTED TO THE UNDERSIGNED BY CONTRACTOR, THE UNDERSIGNED HEREBY ACKNOWLEDGES, AFFIRMS, AND MAKES THE ABOVE SWORN CERTIFICATIONS ON BEHALF OF CONTRACTOR. [SIGNATURE PAGE TO FOLLOW] 2 LESSEE: Sugarloaf Wi-Fi,Incorporated,a Florida Corporation By: �' U Name: - w ✓ Q�`e� Title: C 4 U Dated: - �� STATE OF FLONDA COUNTY OF '�✓ '� �4 The fore oing instrument was acknowledged before me,by means of[°�physical presence,or[]online notarization,this day of F k l V , 2024, by UJ,c S t e as C,C—o of �y-6.r W:-(-, ,a Florida co(0 who is personally known to me or has produced f-L 01, as identification. [Notary Seal] Signature of Notary Public 0449 Fps Printed Name of Notary \ . Notary Public•State of Florida My Commission Expires: � Commission N HH 468526 My Comm.Expires Nov 29;2027 a Florida By: Name: Title: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me,by means of[ ]physical presence,or[]online notarization,this day of ,2024,by as of a Florida who is personally known to me or has produced as identification. [Notary Seal] Signature of Notary Public Printed Name of Notary My Commission Expires: 3