HomeMy WebLinkAboutLEASE AGREEMENTFIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is
made this 9 day of Orlola 2000, between BECKER HOLDING
CORPORATION, a Florida corporation ("Lessor"), with a principal place of business
located at 660 Beachland Blvd., Vero Beach, Florida 32963, and CROWN
COMMUNICATION INC., a Delaware corporation ("Tenant"), with a principal place
of business located at 375 Southpointe Boulevard, Cannonsburg, Washington County,
Pennsylvania 15317.
WITNESSETH:
WHEREAS, Lessor and BELLSOUTH MOBILITY INC. ('BellSouth") are
parties to that certain Option and Lease Agreement dated as of December 15, 1998 (the
"Original Lease"), whereby BellSouth leased certain real property located in Fort
Pierce, St. Lucie County, State of Florida as such property is more particularly described
in the Original Lease (the "Leased Parcel");
WHEREAS, BellSouth assigned the Original Lease to Tenant, pursuant to that
certain Assignment and Assumption of Option and Lease Agreement dated as of
2000 (together with Original Lease, the "Lease"); and
WHEREAS, the parties wish to modify certain terms and conditions of the Lease
as provided herein.
NOW THEREFORE, for the mutual covenants and premises herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby mutually
acknowledged, the undersigned parties, intending to be bound, hereby agree as follows:
1. Status Of Parties. The parties each acknowledge that, to the best
of its knowledge, the other party has complied in all material respects with the obligations
under the Lease accruing on or prior to the date hereof and that, to the best of its
knowledge, the other party is not in default under the terms of the Lease.
2. Use of Leased Parcel. Section 7 of the Lease shall be and is
hereby amended and restated to read as follows:
TENANT shall use the Leased Parcel for the purpose of
constructing, maintaining, and operating a communications facility
and uses incidental thereto, consisting of (a) a building or buildings
BU #__ 6 as necessary now or in the future to shelter telecommunications
equipment and related office space, (b) a free standing monopole
DOG TYPE = or three sided antenna structure with a total height which in no
event shall exceed two hundred fifty (250) feet without the express
MIDWAY SITE (FT. PIERCE)
Ml l :\92716\01 \ I ZIG01 ! . DOC139632.0006
written consent of LESSOR, which consent may be arbitrarily
withheld, and (c) all necessary connecting appurtenances.
TENANT may modify its antenna structure (but not the total
height of the structure) or building(s) but only with the written
consent and approval of LESSOR, which consent shall not be
unreasonably withheld or denied. A security fence consisting of
chain link construction or similar but comparable construction may
at the option of TENANT be placed around the perimeter of the
Leased Parcel (not the Access Parcel). All improvements shall be
at TENANT's expense. LESSOR grants TENANT the right to use
not more than twenty feet (20') of the LESSOR's land adjoining
and adjacent to the Leased Parcel and the Access Parcel as is
reasonably required during construction, installation, maintenance,
and operation of the Communications Facility. If TENANT
desires to use any additional land beyond the twenty feet (20')
provided herein, TENANT may do so, but only with the prior
written consent of LESSOR, which consent shall not be
unreasonably withheld or denied. TENANT shall maintain the
Leased Parcel in a good and functional condition clear of all debris,
trash, weeds, and unsightly items (not screened from LESSOR's
adjoining property). TENANT shall not engage in any act on the
Property which constitutes a nuisance nor shall TENANT permit
others to do so. TENANT shall cause the Property and TENANT's
use thereof to be in full compliance with all governmental
approvals and requirements. Notwithstanding any other
termination rights available to TENANT under this Agreement,
TENANT, at its sole and absolute discretion, shall have the right to
terminate this Agreement with ninety (90) days prior written notice
to LESSOR and a lump sum payment to LESSOR in an amount
equal to six (6) months rental at the rate in effect at the time of
termination. Notice of the TENANT's exercise of its right to
terminate shall be given to LESSOR in writing by certified mail,
return receipt requested, and shall be effective upon receipt of such
notice by the LESSOR as evidenced by the return receipt. All
rentals paid to said termination date shall be retained by the
LESSOR. Upon such termination, this Agreement shall become
null and void and all the parties shall have no further obligations,
including the payment of money, to each other, except all
indemnifications of LESSOR by TENANT shall survive subject to
the limitations set forth in Section 8 of this Agreement. TENANT
may, from time to time, permit other parties to co -locate upon the
Property provided (i) Tenant provides written notice to Lessor of
any such co -location, together with a signed copy of the applicable
co -location agreement and (ii) Tenant shall pay to LESSOR, as
additional rent, of the monthly rental
MEDWAY SITE (Fr. PIERCE)
MII:\92716\0"[ZiCA ILD0039632.0006 2
income actually received by TENANT from the subtenant, licensee
or sublicensee (each, a "co -tenant") of Tenant locating
telecommunications equipment on the tower on the Leased Parcel
which additional rent payments shall commence upon the later of
(a) the thirty-seventh (37th) month from and after the
Commencement Date of this Agreement or (b) the first day of the
first month following the commencement of installation of
equipment for the applicable co -tenant, and continuing thereafter
until the earlier of (a) the termination of this Agreement or (b) the
termination of the applicable co -location agreement.
Notwithstanding the provisions of this Section 7, TENANT may
permit BellSouth Mobility, Inc. or any affiliate thereof, to co -
locate on the Property and no additional rent shall be due to Lessor
with respect to such co -location. It is understood and agreed that
TENANT's ability to use the Property is contingent upon its
obtaining, after the execution of this Agreement, all certificates,
permits, and other approvals that may be required by any federal,
state, or local authorities. LESSOR agrees to reasonably cooperate
with TENANT in its efforts to obtain such approvals for
TENANT's use of the property and LESSOR agrees to sign such
documents as are customarily and reasonably required to enable
TENANT to file applications with appropriate governmental
authorities for the proper zoning of the Property as required for the
use intended by TENANT. TENANT shall perform all other acts
and bear all other expenses associated with any required rezoning
procedure. LESSOR agrees not to register any written or verbal
opposition to any TENANT requested rezoning of the Property.
3. Capitalized Terms. Capitalized terms not otherwise defined
herein shall have the meanings set forth in the Lease.
4. No Other Amendments. Except as expressly modifed by this
Amendment, the Lease remains unchanged and in full force and effect.
MIDWAY SITE (Fr. PIERCE)
MII992716\0 RIDG01 LD0C139632.0006 3
IN WITNESS WHEREOF, the undersigned have executed this Amendment the day and
year first above written.
Signed, sealed and delivered in the LESSOR:
presence of:
BECKER HOLDING CORPORATION,
a Florida corporation
Witness B )
Print Name: / <fZe�/1J-PL Officer's Nam li/ie e
Title:
Witness
Print, Name: CVV-
TENANT:
CROWN COMMUNICATION INC.,
a Delaware corporation
Witness ' I//
Print Name: L
By:
f c_ Officer's N� M cr k ✓ate d v k•r
Witness Title:
Print Name:
MIDWAY SITE (Fr. PIERCE)
MII:\92716\0R17JGOI!.DOC139632.0006 4
STATE OF FLORIDA
ss
COUNTY OFINC
I�iigi7
The foregoing instrument was acknowledged before me this doc- day of
PIEmCieR , 2000, by DrIn j6L 1 . E -V as PREsidflnl^ of
BECKER HOLDING CORPORATION, a Florida c6rpgfation, on behalf of said
corporation. He/M8 is personally known to me or4L%s-�
identification.
My Commission Expires:
STATE OF i-'co; -i6
ss
COUNTY OFO/V-IM 'Rc,"# :
Sig ature of Notary Public
Linda 9 Moral
myco9MISSON# C030162 EXPIRES
Printed o}pper�MooSURam INC
[Sea1`J`'
The foregoing instrument was acknowledged before me this 'I/ day of
10..{-0 der 2000, by k ✓a., Irk as of
Crown Communication Inc., a Delaware corpor' tion, on behalf of said corporation.
He/She is personally known to me or has produced as
identification.
j
Signature of Notary Public
Printed Name of Notary Public
My Commission Expires: [Seal]
MICHAEL CEIVIELLO
o My Cornm Eiv. 4/14MM
Nw CC 8j 0*
�yywn we[IOMLR
TIE) WAY SITE (FT. PIERCE)
as
NEI92716\01\17JGOII.DDC'39632.0006
OPTION AND ?,EASE AGREEM XT
This Agreement is made this lx� clay of / ' P,., Ar
�998, between BECKER HOLDING CORPORATION, whosa address is
660 Beachland Blvd., Vero Beach, FL 32963 Suite 201
and BELLSOUTE MOBILITY, INC., with of �ces at 5201 designated
AvenueR
Boca Raton, FL 33487, hereinafter designated Te:NANT.
RECITALS:
LESSOR is the owner of certain real proper1-y located at 16434
Okeechobee Road, Fort Pierce, Florida, St. Luc -,.a County, State of
Florida, and TENANT desires to obtain an option to lease a portion
of said real property, containing approximately 22,500 square feet
(hereinafter referred to as the "Leased Parcel")., together with the
nonexclusive right to utilize a twenty foot (20') wide strip of
real property to provide access to the Leased.;E,arcel (hereinafter
referred to as the "Access Parcel") (said Leased Parcel and Access
Parcel being hereinafter collectively referred to as the
"Property"). The Leased Parcel is more specifically described and
substantially shown outlined in red on Exhibit "A" attached hereto
and made a part hereof and the Access Parcel iz more specifically
described and substantially shown outlined in green on Exhibit "A"
attached hereto and made a part hereof."
NOW, THEREFORE, in consideration of a slim of
fter ref
Morley'" to
paid by TENANT to theeLESSOR, Which erred
TENANT willtion provide upon its
execution of this Agreement, the LESSOR hereby g::.-ants to TENANT the
right and option to lease the Property forthe term and in
accordance with the covenants and conditions sat forth herein.
The Option may be exercised at any time Pithin ninety (90)
days from final execution of this Agreement by fESSOR.
If during said Option Period, or during the,:term of the lease,
if the Option is exercised, the LESSOR decides to subdivide, sell,
or change the status of the Property or :`LESSOR's property
contiguous thereto, LESSOR shall immediately,: notify TENANT in
writing so that TENANT can take steps necessary tO protect TENANT'S
interest. in the Property.
L00'd 09Z# woo NMOHO D£668TZT99 £T:BT OOOZ,6Z'9231
LESSOR covenants that LESSOR is seized of good and sufficient
title and interest to the Property and has fulC.. authority to enter
into and execute this Agreement. LESSOR further covenants that
there are no other liens, judgments, or impedim-ants of title on the
Property except the Mortgage and' Security Agreement dated
to,`zzo7r,; �e r„ ,.,,•once c-nma312Y
("Metropolitan") recorded in Ofa:icial Records Hook
1059, ?age 1193, public records of St Lucieccaunty, Florida (the
Metlife Mortgage^).
This Option may be sold, assigned, or trays -_erred at any time,
to TENANT'S principal, a_filiates or subs idiar:ias of its principal
Or to any company with which TENANT is merged oconsolidated
without LESSOR'S consent or approval. AS to Other Or parties, this
Option may not be sold, assigned, or trans;
erw'e�' without (a) the
written Consent of the LESSOR, which cor:sent may not be
unreasonably withheld or denied and (b) =or as Long as the Metlife
Mortgage remains a lien on the Property, the written consent of
Met_onolitan, which consent may not be unreasonably withheld or
denied.
Should TENANT fail to exercise this Opti:,�n i� thin the time
herein limited, all rights and privileges granted hereunder shall
be deemed completely surrendered, this
LES.50R shall retain all move pair: _ Option terminated, and
additional money shall be pa able by e, tn:_ Option, and no
Y thhe_er pa; tv to the other.
The LESSOR shall Permit TENANT duri:,g the Option period free
ingress and egress to the Property to conduct such surveys,
str,actural strength analvsis, subsurface boring tests and other
activities of similar nature, as TENANT may dean necessary, at the
sole cost of TENANT. Zn addition, TENANT shall. have tha right to
file any applications for certificates, ne.; its, e r other
app=ovals which are reasonably related to the =23SOR'S ut._i of the Leased Parcel as a s '� ration
eomrnur.' cations mac:..lity that may be
required by any federal, state or 1 = oca_ aL... orities. I:..'SSOR
agrees to cooperate with TENANT in its effor'.:s to obtain such
approvals and sign such panels as may be recu!•;:red to file
applications with the apprepiate authorities', F such
indemnifies LESSOR and a -ees to holdTENANT herehv
or expense of the foregoing activities, LESSOR herxlass from any cost
g g es, any liaa;: attaching to the
Property as a result thereof, and any 1;ab;litv,;.Loss, or damace to
Person or property or to the Property resulting from any Of such
activities including, but not by way of reasonable
limitation, attorneys'' fees and costs incurred by LESSt)R in connection
therewith or enforcing this indemnification whictt shall survive the
termination of this Option.
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Notice of the exercise of the Option shall. be given by TENANT
to the LESSOR and to Metropolitan as long as Mctlife Mortgage is a
lien on the Property, in writing by certified nail, return receipt
requested. Notice shall be deemed effective'. on the date it is
posted. On the date of such notice, the following Agreement shall
take effect:
LEASE AGREEMENT
1. LESSOR hereby leases to TENANT the Leased Parcel along
with the nonexclusive right to utilize the Access Parcel, seven (7)
days a week, twenty-four (24) hours a day,. on foot or motor
vehicle, including trucks, and for the installation and maintenance
of utility wires, cables; conduits and pipes over, under, or along
the Access Parcel, said Leased Parcel and Access Parcel being
substantially as described herein in Exhibit "E" and as shown
enclosed within red and green lines respectively on E_�hihit "A"
attached hereto and made a part hereof. Said Leased Parcel and
Access Parcel shall be hereinafter collectively referred to as the
.Property." The Access Parcel and use thereof for ingress, egress,
and utility purposes shall be nonexclusive and s11all be subordinate
to LESSOR'S use thereof for ingress, egress, a)id utility purposes
and shall be subordinate to LESSOR'S use thereof for ingress,
egress, and other uses incident to the agricultural use of LESSOR'S
other property serviced. by said Access Parcel. LESSOR, but not the
TENANT, shall at LESSOR'S option, have the right to fence and/or
gate the Access Parcel as long as TENANT is pro'.7ided a key and the
fencing does not obstruct TENANTS reasonable ingress and egress to
and from the Leased Parcel. LESSOR shall have the right to
relocate the Access Parcel at LESSOR'S expense as long as the
relocated easement area provides ingress and egress to and from the
Leased Parcel and utilities of a nature and :rapacity are those
existing before any such relocation.
2. TENANT has surveyed the Property, and the legal
description sot forth on said survey is attached as Exhibit "B,"
which shall be attached hereto and made a part hereof, and shall
control in the event of discrepancies between it and Exhibit "A."
LESSOR grants TENANT the right to take measurements, make
calculations, and to note other structures, ,wetbacks, uses, or
other information as deemed by TENANT to be relevant and pertinent,
as such information relates to LESSOR'S real property, leased or
otherwise abutting or surrounding the Property. Cost for such
survey work shall be borne by the TENANT.
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600'd L"9 # NX03 NMOHO DE668TZT99 bT:8T 000Z.6Z'993
3. This Agreement shall be for an initial term of five (5)
years, beginning on the date the Option is exercised by TENANT at
an annual. rental of plus
applicable taxes, to be paid in equal monthly installments on the
first day of the month, in advance to BECKER HOLDING CORPORATION or
to such other person, firm, or .place as the LESSOR.may, from time
to time, designate in writing at least thirty (30) days in advance
Of any rental payment date.
4. The TENANT shall have the option to a;;tend this lease for
four (4) additional five (5) year terms (each additional five (5)
year term being herein referred to as an "Extension Term,,) , and
such extensions shall automatically occur unless the TENANT shall
give the LESSOR written notice of its intent to not extend this
lease at least six (6) months prior to the end r-f the current lease
term, in which case this least "I terminate at the end of the
then current Extension Term.
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6. Tf at the end of the fourth five (5) year Extension Term
this Agreement has not been terminated by either party by giving
written notice to the other party of an intention to terminate this
lease at least six (6) months prior to the end of such Extension
Term, this Agreement shall continue in forte upon the same
covenants, terms, and conditions for a furthei: term of one (1)
year, and for annual terms thereafter until terrminated by either
party by giving to the other written notice of its intention to so
terminate at least six (6) months prior to the end of such term.
Monthly rental for this period shall be equal tc, the rent paid for
the last month of the fourth five (5) year Extension Term.
7. TENANT shall use the Leased Parcel for the purpose of
constructing, maintaining, and operating a communications facility
and uses incidental thereto, consisting of (a) a building or
buildings as necessary now or in the future to shelter
telecommunications equipment and related office space, (b) a free
standing monopole or three sided antenna structure with a total
height which in no event shall exceed two hundred fifty (250) feet
without the express written consent of LESSOR, which consent may be
arbitrarily withheld, and (e) all necessary connecting
appurtenances. TENANT may modify its antenna;,tructura (but not
the total height of the structure) or building:.;(s) but only with
the written consent and approval of LESSOR, which consent shall not
be unreasonably withheld or denied. A security i'ence consisting of
chain link construction or similar but comparable construction may
at the option of TENANT be placed around the perimeter of the
Leased Parcel (not the Access Parcel). All improvements shall be
at TENANT'S expense. LESSOR grants TENANT th.e right to use not
more than twenty feet (201) of the LESSOR'S ].and adjoining and
adjacent to the Leased Parcel and the Access Parcel as is
reasonable required during construction, installe..tion, maintenance,
and operation of the Communications Facility. I;" TENANT desires to
use any additional land beyond the twenty feet (201) provided
herein, TENANT may do so, but only with the prior written consent
of LESSOR, which consent shall not be unreasi•.nably withheld or
denied. TENANT shall maintain the Leased Par: --el in a good and
functional condition clear of all debris, 1:;rash, weeds, and
unsightly items (not screened from LESSOR'S adjoining property).
TENANT shall not engage in any act on t)ie Property which
constitutes a nuisance nor shall TENANT permit: others to do so.
TENANT shall cause the Property and TENANT'S uses thereof to be in
full compliance with all governmental approvals and requirements.
Notwithstanding any other termination rights wrailable to TENANT
under this Agreement, TENANT, at its sole and absolute discretion,
shall have the right to terminate this Agreement with ninety (90)
days prior written notice to LESSOR and a 1T::'np sum payment to
LESSOR in an amount equal to six (6) months reri'Sal at the rate in
effect at the time of termination. Notice of th+= TENANT'S exercise
Of its right to terminate shall be given to LE;>SOR in writing by
certified mail, return receipt requested, and ;iha�l be effective
upon receipt of such notice by the LESSOR as. evidenced by the
5
TTO'd 09Z# WFI00 NM04I0 DC6681ZT99 VT:BT OOOZ.6Z•992
return receipt. A11 rentals paid to said termination date shall be
retained by the LESSOR. Upon such terminations, this Agreement
shall become null and void and all the parties shall have no
further obligations, including the payment of moiaey, to each other,
except all indemnifications of LESSOR by TENIIPIT shall survive
subject to a limitations set forth in Section 8 of this
Agreement. In no event may TENANT permit any tether party to co-
e upon the Property without the written consent of LESSOR,
which consent may be withheld by LESSOR in its sole discretion.
Notwithstanding the above, the consent of LESSOR to another party
co -locating upon the Property will not be withheld or denied if
TENANT agrees to modify this Lease in writing to increase the rent
to be paid by TENANT to LESSOR by an amount which shall be equal to
of the monthly rental income to be paid
by the co -locating party to TENANT pursuant to Wt;:itten co -location
agreement between TENANT and the third party co -locator, which
additional rent payments shall commence upon tho later of (a) the
thirty-seventh (37th) month from and after the Cc:=encement Date of
this Agreement or (b) when the third pacrty co -locators'
installation of equipment commences, and continuing thereafter
until the earlier of (a) the termination of thi::; Agreement or (b)
the termination of the applicable co-location_sgreemert. It is
understood and agreed that TENANT'S ability to use the Property is
contingent upon its obtaining, after the 6wecution of this
Agreement, all certificates, permits, and other approvals that may
be required by any federal, state, or local authorities. LESSOR
agrees to reasonably cooperate with TENANT in it,, efforts to obtain
such approvals for TENANT'S use of the property and LESSOR agrees
to sign such documents as are customarily and s'�:.-" orably required
to enable TENANT to file applications with appropriate governmental
authorities for the proper zoning of the Properly as required for
the use intended by TENANT. TENANT shall perform all other acts
and bear all other expenses associated with any required rezoning
procedure. LESSOR agrees not to register any written or verbal
opposition to any TENANT requested rezoning of '.he Property.
8. TENANT shall indemnify and hold LESSO:i harmless against
any claims of liability or loss from personal ',.njury or property
damage resulting from or arising out of the use and occupancy of
the Property and/or any adjoining property by the TENANT, its
servants or agents, excepting, however, such cl Ums or damages as
may be due to or caused by the acts of the Lessor, or its servants
or agents. This paragraph shall survive any termination of this
agreement for a period of three (3) years from and after said
termination.
0
ZTC'd LP9Z# XROO NMOVO D£668TZT99 bT:BT 000F,6Z'93?
9. LESSOR agrees, that TENANT may self -insure against any
loss or damage which could be covered by a commercial general
public liability insurance policy as long as TENj!XT has a net worth
of at `least $100,000,000, but otherwise, TENANT shall provide
commercial general public liability policy in im amount not less
than $3,000,000 single limit coverage naming Lessor, Tenant and
Metropolitan (as long as the Metlife Mortgage is a lien on the
Property) an shall furnish a certificate of. insurance by the
insurer's ag nt addressed to Lessor and Metlife evidencing such
coverage and providing that such i ae`ae may not be cancelled
without at east ten (10) days advance written notice to the
addressee. T e self insurance right doe�s1 not aRI)ly to any assign
of TENANT. 0-*
10. TENANT shall be responsible for ma]:.ing any necessary
returns for and paying any and all property 'taxes, separately
levied or assessed against its improvements on the Pxoperty.
TENANT shall reimburse LESSOR as additional rent for any increase
in real estate taxes levied against the Property which are directly
attributable to the improvements constructed by TENANT and are not
separately levied or assessed against TENANT'S ;mprovemerts by the
taxing authorities.
11. TENANT upon termination of this Agreement, shall, within
a reasonable period, not to exceed forty-five (4!) days, remove its
personal property and fixtures and restore tha Property to its
original above grade condition, reasonable wear and tear excepted.
At LESSOR'S option when this Agreement is te. minated and upon
LESSOR'S advance written notice to TENANT, TENJhNT will leave the
foundation and security fence to become property of LESSOR. if
such time for removal causes TENANT to remain on the Property after
termination of this Agreement, TENANT shall paS° rent at the then
existing monthly rate or on the existing monthly pro rats basis if
based upon a longer payment term, until such time: as the removal of
personal property and fixtures are completed.
12. Except as to any transfer of tirlj incident to any
foreclosure or deed in lieu of foreclosure of thr; Metlife Mortgage,
should the LESSOR, at any time during the term of this Agreement
decide to sell all or any part of its real property which includes
the Leased Parcel or the Access Parcel thereto to a purchaser other
than TENANT, such sale shall be under and subject to this Agreement
and TENANT'S rights hereunder. LESSOR agrees apt to sell, lease,
or utilize any other areas of LESSOR'S larger pitrcel of which the
Property is a part for the placement of other communication
facilities if such installation would unreasona:.:ly interfere with
the facilities utilized by TENANT upon the Prom-::rty.
13. LESSOR covenants that TENANT, on paving the rent and
performing the covenants shall peaceably and quietly have, hold,
and enjoy the Property.
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14. LESSOR covenants that LESSOR is sized of good and
sufficient title and interest to the Property and has full
authority to enter into and execute this Agreemz:xt. LESSOR further
covenants that there are no other liens, judgment, or impediments
of title on the pronerty except the Metlife Mortgage.
I5. it is agreed and understood that this Agreement contains
all agreements, promises, and understandings bet! -Teen the LESSOR and
TENANT and that no verbal or oral agreements, promises, or
understandings shall be binding upon either the ?.LESSOR or TENANT in
any dispute, controversy, or proceeding at law, and any addition,
variation, or modification to this Agreement >hall be void and
ineffective unless made in writing and signed b;,r the pa -"pies.
16. This Lease Agreement and the performan,:e thereof shall be
governed, interpreted, construed, and regulated by the laws of the
State of Florida. The Parties agree that pro:Der venue for any
action which may be brought hereunder shall >e St Lucie Count
Florida, and both parties hereby consent to the i—isd ction of the
courts of Martin County, Florida for taithe resojui::ion of any matter
Per-, to this Agreement.
17. This Agreement may be sold, ass4gned, or traMsferred at
any time to T_rNANT'S principal, affiliates, or sixbsidi:ries o i�s
Principal or to any company with which ?E.W21T is merged or
consolidated without LESSOR'S consent or approval. As to other
parties, thus Agreement may not be sold, assignee'., or transferred
without (a) the written consent of the LESSOR, which consent may
not he unreasonably withheld or denied, a--d (b) :''or as long as the
Metlife Mortgace remains a lien on the Pro -arty t.
denied. ':e wt-itten consent
o= Metropolitan, which consent may not be-unreasc:n>}lv withheld or
18-' All notices hereunder must he in wri::.inc and shall be
deemed validly given if sent by certified mail, retn� ,eceict requested, addressed as follows (or any other address that the
Party to be notified may have designated to the sender by like notice)
LESSOR: Beaker Holding Corporation I.
Suite 201
660 Beachland Boulevard
Vero Beach, FL 32963
TENANT: BellSouth Mobility _Inc.
5201 Congress Avenue
Boca Raton, FL 33487
Attn: Network Real Estate Mmnager
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VTO'd LB9Z# WWOO HMOHO 6£668T3TM ST:8T 000Z,6Z'333
METROPOLITAN:
Metropolitan Life Insurance Company, a New York corporation
8717 W. 110th Street., Suite 700
Overland Park, Kansas 66210
Attention: Vice President
WITH COPY TO:
Metropolitan Life Insurance Company
4427 Garwood Place
Richmond, Indiana 47374
Attention: Manager
19. This Agreement shall extend to ani hind the heirs,
personal representatives, successors, and permitted assigns of the
parties hereto.
20. AT LESSOR'S option, this Agreement s::ialI be subordinate
to any mortgage by LESSOR which from time to time may encumber all
or part of the Property, provided, however, every such mortgage
shall recognize the validity of this Agreement in the event of a
foreclosure of LESSOR'S interest and also TENW171S right to remain
in occupancy of and have access to the Property as 'Long as TENANT
is not in default of this Agreement. TENANT:shall execute in a
timely manner whatever instruments as may reasonably be required to
evidence this subordination clause. In the event the Property is
encumbered by a mortgage, the LESSOR, no later than thirty (30)
days after this lease is exercised, shall have obtained and
furnished TENANT a non -disturbance instrument in recordable form
for each such mortgage. The Metlife frsm Subordination,
Attornment, and Nondisturbance Agreement (attacl2ed as Exhibit "C")
shall govern Metropolitan and any - successors ;,o the Metlife
Mortgage, any person or entity acquiring title to the Property or
any party thereof by reason of foreclosure or deed in lieu of
foreclosure o-f the Metlife Mortgage and all :;:.hose claiming by,
through, or under such person or entity.
21. If the whole of the Property or such portion thereof as
will make the Property unusable for the purposes herein leased, are
condemned by any legally constituted authority; for any public use
or purpose, then in either of said events the term hereby granted
shall cease from the time when possession thereof is taken by
public authorities, and rental shall be accounted for as between
LESSOR and TENANT as of that date. Any lesser condemnation shall
in no way affect the respective rights and obligations of LESSOR
and TENANT hereunder. Nothing in this provision shall be construed
to limit or affect TENANT'S right to an award of compensation of
any eminent domain proceeding for the taking of TENANT'S leasehold
interest hereunder unless it diminishes the award to LESSOR, in
which case it shall be subordinate to LESSOR'S interests.
STO'd 09Z# NX00 Nmoldo VE6681ZT99 ST:BT 000Z,6Z'g7-d
22. LESSOR and TENANT agree that upon TENANT'S timely and
proper exercise of the Option granted hereunder, this Option and
Lease Agreement may be forwarded for recording or filing in the
appropriate office of the County of St Lucie anE LESSOR and TENANT
agree to take such actions as may be necessary to permit such
recording or filing.
23. TENANT, at TENANT'S option and expense, may obtain title
insurance on the Property. LESSOR shall cooperate with TENANT'S
efforts to obtain such title insurance policy by executing such
documentation as shall be reasonably determined to be necessary to
clear title to the Property. If title to the Property is found to
be defective, LESSOR -agrees to utilize diligent efforts to cure
such defects in title, provided, however, LWSOR shall not be
required to file suit to clear any title defects. Should the
LESSOR fail to provide any reasonably requested documentation
within thirty (30) days Of TENANT'S request; or shall fail to
provide the requested nondisturbance instrument required pursuant
to Section 20 of this Agreement, TENANT, at its sole option, may
cancel and terminate this Agreement or, at TEXANT"S option and at
TENANT'S expense, may proceed to cure any title defects.
24. If TENANT defaults in fulfilling any cf the covenants of
this Agreement and such default shall continue Or sixty (60) days
after TENANT'S receipt of written notice from LESSOR specifying the
nature of said default or, if the said default .so specified shall
be of such a nature that the same cannot be reasonably cured or
remedied within such sixty (60) day period, if TENANT shall not in
good faith commence the curing or remedying of such default within
such sixty (60) day period and shall not thereafter diligently
Proceed therewith to completion within one hundred twenty (120)
days, then in the event of any one or more of sach events, LESSOR
shall be entitled to its remedies at law and in. equity and shall
have the right to accelerate rent for the remainder of the entire
term thereof, this Agreement shall terminate and come to an end as
fully and completely as if such were the day herein definitely
fixed for the end and expiration of this Agreement and TENANT shall
then quit and surrender the Property to LESSOR ors provided herein.
25. In connection with any litigation ai,tsing out of this
Agreement, the prevailing party, whether LESSOR cr TENANT, shall be
entitled to recover all reasonable costs incurred including
reasonable attorneys' fees for services renderedKO connection with
any enforcement of breach of contract, including appellate
Proceedings and post judgment proceedings.
10
9TOV 090 Wow NM010 VE668WAS 5T:8T 000FAVE2Z
26. In accordance with Florida Law, the following statement
is hereby made:
RADON GAS: Radon is a naturally occurring
radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels
of radon that exceed federal and state guidelines have
been found in buildings in Florida. Additional
information regarding radon and radon testing may be
obtained from your county public health w.it.
27. LESSOR shall hold TENANT harmless°ram and indemnify,
TENANT against and from any damage, loss, expenses, or liability
resulting from the discovery by any person of tazardous substance
generated, stored, disposed of, or transported to or over Property,
as long as such substance was not stored; disposed of, or
transported to or over the Property by TE1iANT, its agents,
contractors, employees, or invitees. The forega:Lng sentence is not
binding on Metropolitan and any successors to the Metlife Mortgage,
or to any person or entity acquiring title to the Property or any
part thereof by reason of foreclosure or deed in lieu of
foreclosure of the Metlife Mortgage and all those claiming by,
through, or under such person or entity, except for actions or
inactions of the person or entity subsequently acquiring title to
the Property. TENANT will be responsible for ariy and all damages,
losses, and expenses and will indemnify LESSOR against and from any
discovery by any persons or such hazardous wastes, generated,
stored, or disposed of as a direct result of TENJXIT'S equipment and
uses of the aforementioned Property.
28. This Agreement shall be executers in three (3)
counterparts, each'of which shall be deemed an original, and such
counterparts shall constitute but one and the same Agreement.
11
LTO'd L69Z# KHOO NMO'dO 4E668TZT95 9T:8T OOOZ.6Z'933
IN WITNESS WHEREOF, the parties hereto hat?e set their hands
and affixed their respective seals.
Signed., sealed, and Delivered
in the presence of: "LESSOR"
/. �.-
Wltness
STATE OF FLORIDA
COUNTY OF ST. LUCIE
BECKER HOLDING /COO.;TORATION
B3(QJ
Printed Name
�C
Title
660 Beachl'iind Blvd, Suite 20'
Vero Beach, Florida 32963
Address -
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the Cc=tz aforesaid to
take acknowledgments, personally appeared J)4g')•
who is known to be the �S' j of EC R
HOLDING CORPORATION. Be is personally known to'�:ue or has produced
a valid Florida Drivers License as identification and did take an
oath, and he executed the foregoing instrument a..:id acknowledged to
and before me that he executed the some.
WITNESS my hann and official seal in the County and State last
aforesaid this LEE day of 2>F— -nr-nAr=
• r C..h� • f��rryv9TMr,•t, �- • .i
PRINTED NAME OF N()TARY
NOTARY STAMP:
810'd L69Z# NX00 NMOHO BE6681Z195 9T:BT 000Z,6Z'933
Signed, sealed, and Delivered
in the presence of: "TENANT"
).
ELL MOBILITY INC.
n
Witness
P - nt�e�d, NA?
i rk V 1 k
Printed Name
STATE OF FLORIDA
COUNTY OF serr3rieE=
�/J.viEZ P •nkaC�As✓
Printed Name
V /CGtI�iQ�/Oe`ti r�
Title
5201 Congress Avenue
Boca Ratot, Florida 33887
Address
I HEREBY CERTIFY that on this day, before rie, an officer duly
authorized in the State aforesaid and in the Cnunty aforesaid to
take acknowledgments, personally appeared
who is known to be the—'�'���°r6i"
//.��_ of BELLSOUTH
MOBILITY INC. Be is personall known to me or hits produced a valid
Florida Drivers License as identification and dil take an oath, and
he executed the foregoing instrument and acknowlIdged to and before
me that he executed the same.
WITNESS my han,§,and official seal in the County and State last
aforesaid this U day of �._ 1:1998. -
NOTARY $LIC, S7YiTE OF FLORIDA
AT LARGE.
PRINTED NAME OF 1q0TA3tY
NOTARY STAMP:
J K F ;,
�t *MY CCtspepr.
�."' -W* Is. 100:
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EXHIBIT 'B'
DESCRIPTION OF LEASE PARCEL
A parcel of land being a portion of the West 1/2 of Section 1, Township
36 South, Range 38, East, St. Lucie County, Florida. lying Nq th of State
Rood 70. said parcel being more particularly described as follows:
Commencing at Florida Department of Transportation (F.D.O.T':) centerline
P.I. station 248+43.561 ", as shown on F.D.O.T. right of way (r /w) map of
State Road No. 70. Section No. 94030-1505, dated 8/97. pri:iceed North
67' 21' 47" East along said centerline of State Road No. 70 a distance
of 78.11 feet to a point on the West line of the Southwest 6/4 of said
Section 1, as shown on said F.D.O.T. r/w mop; thence North ')D' 34' 35"
East along said West line of the Southwest 1/4 of Section 1 6 distance of
406.58 feet to the West 1/4 corner of said Section 1, as stu:vn on said
F.D.O.T. r/w map: thence North 00' 28' 55' East along the West line of
the Northwest 1/4 of Section 1 a distance of 2584.03 feet: thence South
89' 44' 13" East a distanceof 115.00 feet to the POINT Of' BEGINNING;
thence South 89' 44' 13_ East a distance of 150.00 feet: thence
South 00' 28' 55" West a distance of 1.90.00 feet: thence North .89' 44'
13' West a distance of 150.00 feet; thence North 00' 28' 55' East a
distance of 150.00 feet to the POINT OF BEGINNING.
Containing an area of 22,500 square feet.
DESCRIPTION OF LMLCTY EASEMENT
A parcel of land being a portion of the West 1/2 of Section 1, Township
36 South. Range 38. East. St. Lucie County, Florida. lying No'th of State
Road 70. said parcel being more particularly described as follows:
Commencing at Florida Department of Transportation (F.D.O.T) centerline
P.I. station 248+43.561 ", as shown on F.D.O.T. right of way (r/w) map of
State Road No. 70. Section No. 94030-1505. dated 8/97. proceed North
67" 21' 47' East along said centerline of State Road No. 71" a distance
of 78.11 feet to a point on the West line of the Southwest '1 /4 of said
Section 1, as shown on said F.D.O.T. r/w mop: thence North 00' :14' 35' East
along said West line of the Southwest 1/4 of Section 1 a distance of 391.93
feet; thence South 89' 46' 00" East a distance of 68.00 feel to a point
on the East r/w line of the Header Canal, said point being tt.e POINT OF
BEGINNING: thence North 00' 34' 35' East along said East r/w line a distance
of 11.06 feet; thence North 65' 19' 45' East a distance of 71.18 feet; thence
North 19' IS' 43" East a distance of 40.10 feet; thence North 00' 53'
04' East a distance of 1522.70 feet; thence North 00' 28' 55' East a
distance of 847.06 feet: thence South 89' K' 13' East a distdiice of 10.00
feet; thence South 00' 28' 55' West a distance of 847.14 "eet: thence
South 00' 53' 04" West a distance of 1524.35 feet; thence South 19' 18'
43' West a distance of 45.97 feet; thence South SS' 19" 45' Went a distance
of 80.15 feet to the POINT OF BEGINNING.
Containing an area of 24,893 square feet, more or less.
Bebouth Mobfty - W. Midway-M
William B. Zentz & Associates, Inc,
Land Survey Services f 00-0 18
COMMAIE of MMi0F 7.kT*k (W) " SM oar1:
953 Old Dixie Highway, Suite B-4YZ 8/18/98
Vero Beach, FI 32960
��'a
Phone: (561) 567-7552 WCL14M s zENr2. qiVA11-V76steer or
Fax : 561 567-1751 RD7£O iwo r 1 3
( ) STAr£ of nOR@I
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EXHIBIT sB'
DESCRIPTION OF ACCESS EASEMENT
A parcel of land being a portion of the West 1/2 of. .Section 1, Township
36 South, Range 38, East, St. Lucie County, Florida, `lying North of State
Road 70, said parcel being more particularly described as follows:
Commencing at Florida Department of Transportation (F.D.O.T.) centerline
P.I. station 248+43.561", as shown on F.D.O.T. right al way (r/w) map of
e
State Road No. 70. Section No. 94030-1505, distance
dotd a disI /97, proceed North
67' 21' 47' East along said centerline of State Rood No. 70 of 78.11 feet to a point on the West line the Southwest 1 a s said
Section 1, as shown on said F.D.O.T. r/w map; thence Noith 00' 34' 35" East
along said West line of the Southwest 1/4 of Section 1 (0 distance of 406.58
feet to the West 1/4 carrier of said Section 1, as shown on said F.D.O.T.
r/w mo . thence North 00' 28' 55' East along the Wesi line of the North—
west 1/p4 of Section 1 a distance of 2554.03 feet; th-trice South 89' 44'
13" East a distance of 118.00 feet to the POINT OF BEGINNING; thence
North 00' 28' 55" East a distance . of 20.00 feet; thence South 89' '
13' East o distance of 1687.05 feet; thence South 00' 55' 35" West a 44
distance of 2048.21 feet; thence North 53' 28' 09' West a distance
of 64.90 feet; thence North 87' 24' 31 " West a distonce of
195.99 feet; thence South 20' 33' 47" West o distance of 59.21 feet;
thence South 83' 51' 02' East o distance of 113.56 feet; thence South
05' 44' 44' East a distance of 240.73 feet to a point on the curved
right of way (r/w) line of State Rood No. 70 (140 fact r/w), said curve
being concave Southeasterly, having a radius of 5799.58 feet; thence South—
westerly along the orc of said curve a distance of 20.i'0 feet, sold curve
being subtended by a chord bearing South 76' 14' 21'' West, 20.20 feet;
thence departing from said curved r/w fine, North 0t' 44' 44' West a
distance of 227.32 feet; thence North 83' S1' 02" West a distance of
123.13 feet; thence North 20' 33' 47" East a distance of 99.54 feet;
thence South 8T 24' 31' East o distance of 216.64 feet; thence South
53' 28' 09' East a distance of 32.08 feet; thence North 00' 55' 35" East
a distance of 1989.06 feet. thence North 89• 44, 13" Vest a distance of
1516.89 feet; thence continue North 89' 44' 13" West o .distance of 150.00
feet to the POINT OF BEGINNING.
Containing an area of 87.652 square feet, or 2.01 acres;. more or less.
Bebouth Mobft - w.'Odway-01
William B. Zentz & Associates, Inc. ^�
J
Land survey samcee SEE SH !_-ET
OO-018
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cuj, 6840 FOR CERT' = ICATION °"V
953 Old Dixie Highway. Suite 8-4 8178198
Vero Beach, F'1 32960 ��
Phone. (561) 567-7552 yOr
Fox : (561) 567-17S1
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EXHIBIT -c^
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I alyd +g Adder SBerJceregnu" Carpetatloe
201
660 Beachland Boulevard
Vero. Beach, Florida 32963
�IAB�p npp jam in ft °�% Fhxvw == of $16,Op0,000.Oo
Zma
6F0'd 09F# WOD NMO'dO bC668TFT99 LT:BT 000F.6F's2a
09-22-1998 14:39
P, 03iOB
NOW A Tbud Remwal/1'ha NM eramod by Laadloed is favor"4 Beneficiary m the
saWlt<rt of ibe Lau dded u of ftWuM S, IN7.
Deed of Tr= An Alnrndsd Sad Rptatod Renewal Mmegage, Agnxm= and Spreader
Agm=mt duod as of Febawy 5, IM ereaued by Landlord for the b=04 of Bmt"fay s=jmg
npayatem2 of the Now and teeatded in the nwrdt of the Carroty in wbtch dt property is lamed
L m nerd Lease Dater The Option Sad Lease Agreemmu meted Irmo by I¢mffiwd ad Tcngc dmtd
as of lies ooverigg die Premise.
Propwtyt The Property L ums pa =wciy siesedbed m RKbft A.
TM 8I7BOSDIIuIA7I0N, NONDMURRANCB AND ATTORNID' ERr
AGREEMI NT (the-AgraMme) is made by and Tmm Lmrdlor4tmd Bmefidwy Sad afieca
me PMPCM dmrsbed ai EI b A. Certain teems used in t2n Apwmom' w deSmd is the Defined
Terms. Timb Apt== b =o as of die Ew=I= Dm with refEr, w the following facts:
A. WSW and Tmm bane entered iota the Lase cm -mg caula mu locansd in
and upon the Property (the vnaba•).
The Note is sea ed, � other . by fo M�artgagap. i oaa m Laadkud evid®oed by me xore.
C. Landiotd. Tettam and Beaeflduy at wish to mbordirm the Lase to the Hen of
dx Mortgage.
D. Tmm has upcftd that Dowafty not agree to &tab Ta='s ro tr in the
Pranieea ptuwaar to die Isere in due event Beneire�tythe MatMp. or acgaira de Ptopesy
Pam= to the trm m's of Sale cmaimd is dw Mongage or nuiva a Itaaafor of the Property by
a tOpveyatre is Hen of �lostue of the Propeety (calbedi*. a -FOrec1 m.t Ssk7 Isar only S Tester
fe not tbea is dd vdt ender fie ifam and Te= gnome to Bcoeficiaty or a i:bad Pao pmvhuw at the
Fmed=m Sae (a-Fmedmue per-),
NOW TaMtEJ20RB, in cm*kndm of the prmtises and the mm�ul eova>ams
cc=aiwd herein, the passe apes as follows:
1. Suboedioat tmi, The L n and the lambold note nix tod by the Lease and all of
T=M's rights runt dyer the l.oeae are o d Shall namin wbotdaaato m me M"WP and rho lien of the
andaad eaxnaiommmtgqc�n of t5e Mot 'tmdw ft MmWP MA to all renewab. ameadm=, modifka ons
2. AclaowbdMo5 htv Tmtaat. Tc= agree that: (a) TIN= has notice that the
se Leaand do remand su other amat spec "Ymm bsve ieea or at v be sasigmd to BdreSeiaty�
a wcz* for rite Loan In the evmt dug Bodkiary nodfin Tomes of a defit.ilt under the ash Sad
riegrt = TwAmt to y its seat and all COW ame dw under the Lum to Brit &Any, T M tali pay
exit ass direc* to H ry or ere Bcmflciary may' otbwwise regmm (b)'Teoem abau *ad a copy of
mw frock* or statement nodes the imm to BemSeiary at the same time Yi,tttnt sods much node or
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096-22-1298 14: 36
P. O4/O8
fO idndtard: (0) Tak Agreement amWu aay camft= or re*d= ant & the Lone mk ft to
the gtantimg d a noadkantaaee ageoemeot.
3. Foeetkomm and Sate, im the east of a PamcloeatC SSde,
ruder a of as Temmt mmpiiea whh itde A and is ant in dehmlc
dusts hew hams 8 ft p� e�6� thsli ay wM st f1iA Lotod p effea to a
Tom. A+Jfa to ibis ASrammt. Tom= Btoat9eitD n",� � to ognuft °f
tattier itu Lease and w be bound and >� a scam to and
ti9 Pa �I fr000s:dpor by tha Lave.
T)poet Bate6ciaey'a sequitt8oa of t ate to do v �ei(i ew as Of she
how M'-v aed on the � 1 y fhe lucre accept as aft fetdt !it this Asmes a t provided,
ni h" for mW act or ambdoo of a prior taadtola
of to oft ft a ddmm that TOM bavo sgaimet arty
1� WxUmd Craehrdiag Ltodfoed): or (. bound by rest or ONSdOnd Which Tammt
t have paid is advaaco to taty. pwdlard ( Um tortq for a padod in atcw of
aow toe to r prier L 1p� � or sun that Teams mW ham pew is
M; or (iv) bound bs ary sm ndcm. mod(fia
oa -
daasigna»aDt or tttmiotticel of the leas mtde wlfbamt ffit vetintm eaoteat of B uiaty;
(v) obligated or tithie wi$t respect to aty ems, wttnrntta Cr iadcmmww at ottllyfdons
to chat tWo COOMi ed in Ote Lem; (vO bomd by soy Cmserm or agrawfmptt 8 vetato or
)u bdkdoM (Y* bound by ny a notice to Teams rogueMY a chmge of attune of the . a (� fe to Tenmt or aw +atlltt Ipmw ft t cogs:
w� Is not no IAM and fee pawiaimt of aW odtx louse aEEeaing ds ptopesty
(b) upm me wriaea rmgmtat of Bawacla y &be a Fotx7onns sate, the
Pardo anm MCM d � � Ftrmim Upon tbf m m ptovi ttw at mewined in fhe 14M
L.we. � ar act ha h is ffib Agme mm k i the meaphed term of the
aGu the dam thu' NWWE somdtug Cw p�1 � of $e lAw 0o the conawy, from tad
BmafidatY wth ant ndiolmy gaed�bw tide to the Property to a rwtt of a Fareclosm S*, (�
avawfid fAsaraftee b eob5 sm moan to ramre ellhu y damage in exact of
the coo aF = OW. tetaak shall not have tbf � Ito make and deduct
regatta tram the teas witfrgtt a Judicial dean f ut is is delimit
of ire obligadom ruder tbo Iwue; (tr0 HMftfscy dwR rot be EI so w
any mhos at em_locwm � Team (fv) m m trvtmt S be
bdamdfy Tenaet, emc" whore 8aae8e4ry b to bmuh of is obbardr3 tie a
wbut Y ha bum aravety ttegti6aot in slut pataararce aQ dta obligadotte a9 tandload;
and (v) Cites *mm daterwhNion of hit tm*a vaW, m ditputta na t fbe Lou sb&U be subject
to rmbkadM aurae $UM&iuy and TOM agree to submit a pardMAW di4puoe to arbitrad m,
Laaw r (d) 1f B�--' - � ry atide to the Propaw as a rwuh of a Fbtetkmm sate,
the ammmsucally amended as set loft herein
4• Sm wftm w and Reiwae of
a � of mv "same to lea o :nypraaap that s itaa no
HmrrowEt. To the Watt Thant ho a a Paaboa opdoft q� tense �s Ot gxww m
acimowlodgcd to be subject and aabordiae0o ra ft inch a u
8®a5eimry and Ow FQM* MPmehma. MA an wioived and telessed a so
the elation of 156gfiday
ft2ffWlMbTljMIkL&lm the evert of a ddi unit uric the Mortgage, at
Lme to Bmeficiary or me H iary may 40 oehersrtae r Y 39 remt and all otEa mans due such the
930'a L493# MNOO Nmoid VC668TZL99 81:6T OOOZ6Z'H^n3
0422-1we sa:37 a.os.oe
a
any lw tit3' vA& tls "aSome �cm roan aco a a a' tvspvtmczlm tip the
Pa nieea or aw 041mm property.
7. Nodes, All nW= under ahb APU=M dtail be d oanod to bave bell Peopa
given it delivered by ov'ota — eeaeia trivim of coaled by unwed Sgdp a dt3'd alai!. w>th rn=
Velma (or at �. t heptepald Re, do m °'l ft � at fu a&bw ea !bald in the Dc med
d0cl eoeoplem � or ldml ot�i fl axy iowtkicill by PatY so 4lee omen panda) wad'ball be
is wa. tbb hfioeBmmm �'bau conap
t be R*iw to , XV.- on of the Law ,tart I mt comined in d* A e mandi be =ml to dergpu
moan or to any Vey impair or affiet me sea or ma POWd m Of ma M04091e. Tbb Agtotmroat shall be
ga'emed by and canowd hs swoodaaw wA to bm of the Sate of in wbklt the prVel is loaned.
We m the Ptewltxs or to and In the evatr that Comma
Propel have as ab"matloa rill iaattr� beyond
Ba eft- s thm equky hneteet in the Psandaer and Tammt !ball bale wlebr to BCAe6da:y'Is then cI
itmeroac for the ptyw= and perl<oamrnro of nay obligadoa ' tq lma -00the esry nndnr this
Agreeateat of tudcr the lralae Thb Agraemeaa'ball rag with the Lad iw "n imut to the bm4t of
the pours " thdr rmpccdve aaeeaeea ad pcMdmed aaigm ioehrdigB a ;Boaat towce Ptur3terer. If a
pacclorme ad M�Sa rimpcm. in eb the Pwpcmy �md gd&Mm Of BMffmmy mocler to Agaml did
team and be the rrapoadbilhy of the paredoom Aucbuer or al Duty to whom Bcaogdatlra
3ooetrI is wiEaed Of Wms&mmd. Thr bmW of Tam under dlb Agt arum, stay not be aaigeod of
umdol Cl in coaaceOM wd1h as ash of ib staters in the Lew Vhkb hu been eao'mmd
IN W111V M W8UMOF. the Peale bM cxu!Wzd thu &&mdhadon.
Nandseabaoee and Aaorn== Agsaanom m of ffie Dca tiee Daft
r :J:...I:M CONTAINS ti . 1;1 •• :1 r :i:
To" ndmvmdm OF THE PROPZRTY.
• I 1:. H: .J:J .1:.
BEXMC7AAYt MBIRbi1t]LSTAN LM 7NSU A am cowAw,
a Now Yack ompo mdm
By
>m
LZO'd Lb9Z# KNOO NMOHO M68TZT9S 3T:8T OOOZ6Z'S33
STATE OF KANSAS }
COUNTY OF i
SS
�1
/ll •a; •
IS«n
Nomry tc, we of X-Im-,
Namm
HO'd L69Z# I-UAOO NMOTIO k6681Z199 BT:8T OOOZ.6Z-Ul
09-22-199B 24:39
P.07.,os
5
f
STATE OP FLORIDA
COUNTY OF )
SS
Tba I-Tngcft in mnn m was acboadadaed before ma twe-I of! Gt � F998, by lP7c` A/. nMay . of rr� l 0�7 0
oae f �
as id oA a dtdgos N� oC "Oath.
a) a pwomany imoMn to `
�.t.t
of i�ida
icy COmmi/aioR �°" J K Five
q�yikMy Con'wtisaon CC759696
Ev*ls JUt/18. 2002
STATE OF RDRMA ) ,
COUNTY OP ci )Ss
The bmso. , ins t was acimory before by j4iu E C E• c V m ��� !?i i998,
! on be�,,yp a 1v oranon, a
P ad ide�eation an aW � jlp i110ai�L 9 ai•7 bmi:v 0 w ME pwduced
�
afjtaa .
[Seaq wron ri. aawu.
myCommissionevires: s^ �rceselws
a�yle.rsro
:��Mooernak�awwuaa ,
6Z0'd L69Z# NNOD NMOHO 6£6fi8IZi95 BS:Bi OOOZ,6Z'H33
EXHIBIT
(TO SUBORDINATIONt NONDISTURBANCE
AND ATTORNMENT AGREEMENT)
DE pF PAREfV'1' TRACT
ocscqIP7)ON AS PRONDED-sr CU&VT,
AND RfST'QE'D !H OPAL gT LRSCORDS'BUQK 424 : PACE 256.
fJGf �OP1N7Y, FLOR/pA PUBLIC RECWos
That part of"the West -1%z af,SectI. lying North of
State Road 70, Township 3& ion SoiOn Range 38 East,
containing 149 acres, more or less.
0£0'd 09Z# Wk00 NMOTIO B£668TZ199 61:BZ OOOZ,6Z'H33
Site ID No. W. Midway
BellSouth Mobility Site
EXHIBIT B
COPY OF THE UNDERLYING DEED
M11-W"7`Q2VTXJ02I.D0C139632.0005 10
" "'� "• urce .ear • 642140
Thlt flea-Qa6n Betel. �� fd ti, /6'�a., •!y . A. D. 19 84 .6
RICBARD E. BZC3r8R,
Jo•r s.ns.w BHCKER SOLDING CORPORATION
•J.... ra..lJ•v 1L...h P. o. Los 3306, Ft. Pierce, Florida 33448
F '
L. L..J e.y L7 4. -a --d J`.t Prr1. ra aJ t. a....frlrsw.w { Ju r. { r 10. 00-
Ia'b. IL..•adr. — a me LrJ ,...�,a L
A.
..+ e.+•.lra 0 m . d ft 4 AA nab laaa•..H d.. raL7, fuL. a. j 6. d.m..J J� - aL1d
�...r1 (u., ran Lv a aJ. r Jr FR.a•we I..ad..1 L+..+o a awrl { Ir.[ r+Asa wd 6.0a
r I%. C.auf { St. Lucie Sw. { Florida , ►.a.
That past of the rest 1/1 of•Soctlen 1, lying
fir• ;�
worth of State Road 70. Toemahip 36 South, i4age
ti
36 Rest. contalnlaq lag acres. .ore or lass.
Qf e•
6�
T'OC%TSSR WITH all building!. nttueturas and par-
au.nently iaatallad
J
griprnt .xtratad ea •aid
Property and any assemeats appurtenant to said
LL
Property for ingrown,, egress, drainage or otbar
Purpowaw.
_
$R8.78CT To AND THE SSL'OFD PARTY ASS07QS AND AGA88S
=
TO PAT THAT CERTAIN, MOSGVAGZ from Richard R. Becker
Z e
and Lillian M. Barker. Lis Wife. to the Federal
e 80
Land Bank of Col+mbia. Colombia: South Carolina.
C fop
dated laoa'vabar 9, 197B, and recorded in official
;%LTlI;,,
Record Book 297 . Page 2899 . Public Records of
S 6 + 0
St. Lucia COGY Plorida�ven to. secure payment
i
r e
o! the Priacirm sra Of $2.330.000.00.
6�42140 � FEB -3 � � rs
rerr. •tcu- 0
� � � FIa6R IL. aw. Iwrir aeL .Q .ni hula Iin a,�ayega�yr�� u. .
�eoe a w awls aa,...i3Oa. wrt •Q A. r.f..a .+alt wi, VIaa1. .Vvl :.7 Ja ai...
r..a { fL- "W tow cab. ad. u. 6a a.e.UY, W IM - 6 .� a.. L...jfr r.d Li.{ { A. ea
e.Li a.a /a.••�
7L rI Iwa 0-4I L..b...d ...1 r., d.... a I. 44. L, .r4
tow d. ma.a
CRAMD S.
+r•n or rtna7n%
00 w a ST. LUCIE
7 B'la0f f3aTlr/ ar � � M, Vf.. as a
RICHARD R. zinc)=
he
►I3..tY w f� � aw � Y .►. 6.••q .r ar V .. •. ai �
r
'1107 fa.rl.ir
•..1,...-
7:i�F.wa��rryadLyraRUCN R_ ALERRBT", JR. .•p
Add. 311 9. Znd Street, ►t_ Pierce, FL. 33450_ -_ �'T .. si_' if
03