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HomeMy WebLinkAboutMemorandum of LeaseMAR 2 12017 PERMITTING St. Lucie County, FL Section 1 MEMORANDUM OF LEASE CONTRACT #: % 9- / 5-4 DEC 3 0,200E PREPARED BY AND RETURN TO: Amy E. Armond, Esq. Holland & Knight LLP 131 South Dearborn Street 30'' Floor Chicago, IL 60603-5517 Sublessee's Site ID: South Florida Recycles, No 68828 MEMORANDUM OF COMMUNICATIONS SITE SUBLEASE AGREEMENT This Memo �� m of Com unica ions Site Sublease Agreement ("Memorandum") is entered into on this — 4— day of 008, by and between Keys Wi-Fi Inc. a Florida corporation with an address of 104 Palmetto Avenue, Tavernier, FL 33070 (hereinafter referred to as "Sublessor") and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, a Delaware limited partnership, with an address of One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920 (hereinafter referred to "Sublessee"). 1. Sublessor and Sublesse ntered i to a Communications Site Sublease Agreement ("Sublease') on the LrL day of 2008, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Sublease. 2. The Sublease is effective as of the date set forth above. The term of the Sublease is for five (5) years commencing on the date set forth in the Sublease, with five (5) automatic successive five (5) year options to renew, unless otherwise terminated in accordance with the terms of the Sublease. 3. Sublessor is the lessee of certain real property located at 9901 Range Line Road, Port St. Lucie, St. Lucie County, FL 34987 (hereinafter the "Property") as legally described in Exhibit A attached hereto. Sublessor has constructed a communications tower on the Property (the "Tower"). Sublessor subleases to Sublessee, and. Sublessee Subleases from Sublcssor, on the terms and considerations set forth in the Sublease, certain space on Sublessor's communications tower and certain space on the ground (approximately 15 ft. X 30 ft. and 4 ft. X 10 ft.) located within Sublessor's Property, as more fully described in the Sublease. 4. Sublessor grants to Sublessee and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress, including trucks, over that certain gravel driveway extending from the nearest public right-of- way, Range Line Road, to the Premises, said right-of-way for access being substantially as described in Exhibit B attached hereto. Further, Sublessor grants Sublessee a non-exclusive right and easement for the installation and maintenance of utility wires, poles, cables, conduits, and pipes within the common areas of the Property necessary to connect Sublessee's communications equipment to its antennae located on the Tower and to the electrical and telephone utility sources located on the Property, including without limitation any common wave -guide bridge(s) connecting to the Tower. S. The terms and provisions of the Sublease are hereby incorporated into this Memorandum. A copy of the Sublease is contained in the offices of Sublessor and Sublessee. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. Witnessed: Witness �� / ( Print Name�to &&I _ S4 rr Print Wi W- %C_ itness AJ Bonnie L. rrenkamp a Sublessor. Keys Wi-Fi, I lorida corporation By: � , K � - Name: Rick Richter Title: President Sublessee: Verizon d/b/a Vt [Corporate Seal] Communications LP Name: Hans F. Leutenegger Title: Area Vice President, Network, South Area STATE OF FLO I A COUNTY OF V^ny\r0 e-- The fore oing instrument was acknowledged before me this 10 day of C �rO 2008 by Rick Richter as President of Keys Wi-F', Inc., a Florida corporation, who is personally known to me or who has produced r•A n as identification and who did (did not) take an oath. W1ITN �SSmyand and official seal. 1 No u lic 1 Mani fG An V\ Q Print Name My Commission Expires; ZCn:� STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG Mt!W=ft E arwmaAtg18.2W9trres' wse olaryAssn foregoing instrument was acknowledged before me this I day of 2008 by Hans F. Leutenegger as Area Vice President, Network, South Area of Verizon Wireless Personal Communications LP /a Verizon Wireless, who is personally known to me or who has produced p- as identification and who did (did not) take an oath. WITNESS my hand and official seal. =1f SAh CerokneountyExpires10 My Commission Expires: EXHIBIT A DESCRIPTION OF PROPERTY Description of Parent Tract: Comments at the Northeast comer of SKUm 1, TwmWp 37 South, Aanpe 38 East, St. Lude County, Florida: thence run South 0VW54' West ON the EM Om of said Sedbn 1, a dtuance of 326a.81 feet to the PoInt of ftln**; ftnte emdhue South QM'54' West abnp the EM Ift of said SWUM 31 a didance of MOD feet; thence run North 8905Y864 Wad a distance of 660 fee; theme feanh 00'00'54' ew a diem m of 330.00 fee; thence run South SrSe'0e' East, a Comnoa of 660 fast to the tbtnt of tteginnlnW a9 yng and beln9 in Seaton 1, Township 37 South, Range 38 Fest, St Lude Cou", Florida, Description of Sublessor's Property: Sublessor's Lease Parcel Depiction of Sublessee's Premises: See attached one (1) page site plan. o _ meow 1 1 L------ �! I r�1A Tr SOF MAN 1 � ----------- 'SUBLESSEE Is referred to on this exhibit as "Verizon Wireless" 1 1 V I W I gg .g UMRM 4 OF 8 0110g57] EXHIBIT B DESCRIPTION OF RIGHT OF WAY Access Easement BIONO A PARCEL OF LAND LYING IN SECTION 1. TOWNSHIP 37 SOUTH. RANGE 36 EAST. PUBLIC RECORDS OF ST. LUCIE COUNTY. FL.. MORE PARTICULARLY DESCRIBED AS FOLLOWS' A 20 FOOT WIDE PARCEL BOUNDED ON THE EAST BY THE EAST LINE OF SECTION 1, AND BOUNDED ON THE WEST BY A LNE M441CH BEARS NORTH OO'DO'64' EAST, LNNO 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERUNE COMMENCE AT THE NORTHEAST CORNER OF SECTION 1, THENCE SOUTH 0OW54' WEST ALONG THE EAST UK OF SECTION 1, A DISTANCE OF 3421.09 FEET TO THE POINT OF BEGINNING; THENCE NORTH 81'SS'50' WEST, A DISTANCE OF 145.02 FEET; THENCE NORTH 60T59'11' WEST A DISTANCE OF 203.02 FEET; THENCE SOUTH 67'40'34' WEST. A DISTANCE OF 198.83 FEET TO THE POINT OF TERMINATION. PARCEL CONTAINS 0.248 ACRES MORE OR LESS Utility Easement BONG A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 37 SOUTH, RANGE 38 EAST, PUBLIC. RECORDS Of ST' LUOE COUNTY, FL, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SECTION 1, THENCE SOUTH CO'00'64' MCST ALONG THE EAST UNE OF SECTION 1, A DISTANCE OF 3560.B1 FEET TO THE POINT OF BECINNNC THENCE CONTINUE SOUTH OOW84' WEST ALONO THE EAST LINE OF SECTION 1, A DISTANCE OF 30.00 FEET; THENCE NORM 6999'09' WEST, A DISTANCE OF $ 0.00 FMT% THENCE NORTH CO'00'64' EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 0059'06' EAST. A DISTANCE OF 20.00 FEET; THENCE NORTH 00'OO'54' EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 88'S9'06' EAST. A DISTANCE OF 520.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS Q243 ACRES MORE OR LESS