HomeMy WebLinkAboutATC FL_ Midway rd_5100_Signed Leased agreement.pdfPrepared by and Return to:
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ORSITE
Attn:Kelli Hendricks
17330 Preston Road,Ste.150A
Dallas,TX 75252
STATE OF FLORIDA
COUNTY OF ST.LUCIE
(Recorder's Use Above this Line)
JOSEPH E.SMITH.CLERK OF THE CIRCUIT COURTSAINTL.UCIE COUNTY
PILE #3385552 09/03/2009 at 04 31 PM
OR BOCK 3124 PAGE 175.118 Dut;Type AGRRE-WRONG.S112.00
Premises Parcel No.:
3406-501-0040-00015 AND 3406-600-0011-000/7
EASEMENT AGREEMENT
This Easement Agreement ("Agreement")dated as of ,20041 ,by and between
Hydrocarbon Recovery Services,Inc.,a Delaware corporation ("Grantor")and American Towers Inc.,a
Delaware corporation ("Grantee").
BACKGROUND
Grantor is the owner of the real property described on Attachment "A"hereto (the "Premises").Grantor
desires to grant to Grantee certain easement rights with respect to the Premises,as more particularly described
below,and subject to the terms and conditions of this Agreement.
AG EMENTS
For and in consideration of the covenants and agreements herein contained and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows:
1.Grant of Easements.Grantor,for itself and its heirs,personal representatives,successors and
assigns,hereby grants and conveys unto Grantee,its customers,lessees,sublessees,licensees,agents,successors
and assigns:(i)a perpetual,exclusive easement (the "Exclusive Easement")in and to that portion of the Premises
more particularly described on Attachment "B"hereto;and (ii)a perpetual,non-exclusive easement in and to that
portion of the Premises more particularly described on Attachment "C"hereto (the "Access and Utility Easement)
(the Exclusive Easement and the Access and Utility Easement being collectively referred to herein as the
"Easements").The Easements shall be used for the purposes set forth in Section 6 hereof.
Site Number:5100
Site Name:Midway Road
2.Private Easement.Nothing in this Agreement shall be deemed to be a dedication of any area for
public use.All rights,easements and interests herein created are private and do not constitute a grant for public use
or benefit.
3.Successors Bound.This Agreement shall be bin g on and inure to the benefit of the parties
hereto and their respective heirs,personal representatives,lessees,successors and assigns.It is the intention of the
parties hereto that all of the various rights,obligations,restrictions and easements created in this Agreement,
including but not limited to those set forth in Sections 1,10,11,12,23 and 25,shall run with the affected lands and
shall inure to the benefit of and be binding upon all future owners and lessees of the affected lands and all persons
claiming under them.
4.Duration.The duration of the Easements granted herein (the "Term")shall be perpetual,unless
Grantee provides written,recordable notice of its intent to terminate this Agreement,in which event this Agreement
and all obligations of Grantee hereunder shall terminate upon Grantee's recordation of any such notice.In the event
that the use of the Easements is abandoned by Grantee,or its successors,then Grantor,or its successors,may
terminate the Easements by providing legally sufficient evidence of such abandonment,and following such
termination all right and title to the land constituting the Easements shall revert back to Grantor.Abandonment
shall be deemed to have occurred if neither Grantee nor any of its affiliates,customers,tenants,subtenants,
employees or agents utilize (such use shall be construed broadly to include,but not be limited to,use of the tower
for the broadcast and receipt of telecommunications signals,maintenance of the tower or the equipment located on
the Exclusive Easement,or maintenance and/or upkeep of the Easements)the tower site or facilities in any manner
for a consecutive period of two (2)years,and,following the expiration of such 2 year period,do not respond within
forty-five (45)days of Grantor's written notice to Grantee,which notice shall assert that non-response will result in
termination of the Easements.
5.Easement Consideration.Grantor hereby acknowledges the receipt,contemporaneous with the
execution hereof,of all consideration due hereunder.Accordingly,no additional consideration shall be due during
the Term of this Agreement.
6.Use of Easement Areas.
(a)Exclusive Easement.The Exclusive Easement shall be used by Grantee and its designated
customers,lessees,sublessees,licensees,agents,successors and assigns for installing,constructing,maintaining,
operating,modifying,repairing and replacing improvements and equipment,which may be located on the
Exclusive Easement from time to time,for the facilitation of communications and other related uses in connection
therewith.Grantee may make any improvements,alterations or modifications to the Easements as are deemed
appropriate by Grantee,in its sole discretion.At all times during the term of this Agreement,Grantee shall have the
exclusive right to use,and shall have free access to,the Easements seven (7)days a week,twenty-four (24)hours a
day.Grantee shall have the exclusive right to lease,sublease,license,or sublicense any structure or equipment on
the Exclusive Easement and shall also have the right to license,lease or sublease to third parties any portion of the
Exclusive Easement,but no such lease,sublease or license shall relieve or release Grantee from its obligations
under this Agreement.Grantor shall not have the right to use the Exclusive Easement for any reason and shall not
disturb Grantee's right to use the Exclusive Easement in any manner.Grantor and Grantee acknowledge that
Grantee shall be locating expensive telecommunications equipment in the Exclusive Easement and that Grantee,in
order to comply with FCC regulations,must construct a fence around all or part of the Exclusive Easement,and
shall have the right to prohibit anyone,including Grantor,from entry into such Exclusive Easement.
(b)Access and TJtili Easement.The Access and Utility Easement shall be used by Grantee,
its customers,lessees,sublessees,licensees,agents,successors and assigns for ingress and egress from and to the
Exclusive Easement,as well as the construction,installation,operation and maintenance of overhead and
underground electric,water,gas,sewer,telephone,data transmission and other utility facilities (including wires,
poles,guys,cables,conduits and appurtenant equipment)with the right to reconstruct,improve,add to,enlarge,
change and remove such facilities,and to connect the same to utility lines located in a publicly dedicated right of
way.Grantor shall not in any m er prevent access to,and use of,the Access and Utility Easement by Grantee or
Site Number:5100
Site Name:Midway Road
,
its customers,lessees,sublessees,licensees,agents,successors and assigns;and Grantor shall not utilize the Access
and Utility Easement in any manner that interferes with Grantee's or its customers',lessees',sublessees',
licensees',agents',suCcessors'and assigns'use of such area.If the Access and Utility Easement is currently used
by Grantor or its tenants,then Grantee shall not in any manner prevent access to,and use of,the Access and Utility
Easement by Grantor or its tenants.
7.E in ment and Fixtures.Grantee or its licensees and customers shall have the right to erect,install,
maintain,replace and operate on the Exclusive Easement such equipment,structures,fixtures,antennae and other
personal property as Grantee may deem necessary or appropriate,and such property,inclu g the equipment,
structures,fixtures and other personal property currently on the Exclusive Easement,shall not be deemed to be part
of the Premises,but shall remain the property of Grantee or its licensees and customers.At any time during the
term of this Agreement and within 90 days after termination hereof,Grantee or its customers shall have the right to
remove their equipment,structures,fixtures and other personal property from the Easements.
8.Assi ent.Grantee may assign this Agreement,in whole or in part,to any person or entity at any
time without the prior written consent of Grantor,including but not limited to an affiliate of Grantee.If any such
assignee agrees to assume all of the obligations of Grantee under this Agreement,then Grantee will be relieved of
all responsibility hereunder.
9.Covenants and A eements.
(a)Grantor represents and warrants that it is the owner in fee simple of the Easements,free and clear
of all liens and encumbrances,and that it alone has full right to grant the Easements and assign the Lease (as such
term is defined in Section 22 hereof).Grantor further represents and warrants that Grantee shall peaceably and
quietly hold and enjoy the Easements for the term of this Agreement without any hindrance,molestation or ejection
by any party whomsoever.
(b)During the term of this Agreement,Grantor shall pay when due all real property taxes and all other
fees and assessments attributable to the Premises.Grantee hereby agrees to pay any increase in real property taxes
levied against the Premises which are directly attributable to Grantee's use of the Easements (but not,however,
taxes attributable to periods prior to the date of this Agreement such as roll-back or greenbelt assessments)if
Grantor furnishes proof of such increase to Grantee.If Grantor fails to pay when due any taxes affecting the
Premises,Grantee shall have the right but not the obligation to pay such taxes and demand payment therefor from
Grantor,which payment Grantor shall make within ten (10)days of such demand by Grantee.
·(c)Unless the Exclusive Easement already constitutes a separate tract or tax parcel,Grantor shall not
'cause the area comprising the Easements to be legally or otherwise subdivided from any master tract of which it is a
part,nor shall Grantor cause the area comprising the Easements to be separately assessed for tax purposes.If it is
determined by Grantee that the transfer of the Easements set forth herein requires or shall require the subdivision of
the Premises,and if Grantee,in its sole judgment,determines that it desires to seek subdivision approval,then
Grantor agrees to cooperate with Grantee,at Grantee's expense,in obtaining all necessary approvals for such
subdivision.
(d)Grantor shall not grant,create,or suffer any claim,lien,encumbrance,easement,restriction or
other charge or exception to title to the Easements that would adversely affect Grantee's use of the Easements.
(e)Grantor will comply,with all environmental,health and safety laws with respect to the Premises.
(f)Grantor hereby agrees to indemnify,defend and hold harmless Grantee and its officers,directors,
shareholders,agents and attorneys for,from,and against all damages asserted against or incurred by any of them by
reason of or resulting from a breach by Grantor of any representation,warranty or covenant of Grantor contained
herein or in any agreement executed in connection herewith.
10.Non-Disturbance.During the term of this Agreement,Grantor will not improve or grant any other
easement,ground lease,lease,license,sale or other similar interest of or upon the Premises if such improvement or
interest would interfere with Grantee's use of the Easements.Grantee and its customers are currently utilizing the
Site Number:5100
Site Name:Midway Road
Exclusive Easement for the purpose of transmitting and receiving telecommunication signals,including but not
limited to wireless telecommunications signals.Grantor and Grantee recognize that Grantee's use of the easement
rights set forth in this Agreement would be frustrated if the telecommunications signals were blocked,if an
obstruction were built that would cause interference with such transmission,or if access and/or utilities to and from
the Exclusive Easement were partially and/or completely inhibited.Grantor,for itself,its successors and assigns,
hereby agrees to use its best efforts to prevent the occurrence of any of the foregoing,and shall promptly undertake
any remedial action necessary to do so.Grantee shall have the express right to seek an injunction to prevent any of
the activity prohibited by this Section 10.
11.Access and Utilities.To the extent not otherwise addressed herein,(or to the extent any access and
utility easement specifically referenced herein,including but not limited to the Access and Utility Easement or the
Exclusive Easement,if applicable,cannot,does not,or will not fully accommodate the access and utility needs of
the Exclusive Easement at any time),Grantor hereby grants and conveys unto Grantee,its tenants,licensees,
employees,agents,contractors,successors,assigns,assignees,and sublessees,full,complete,uninterrupted and
unconditional access to and from the Exclusive Easement,seven days a week,24 hours a day,over and across any
adjacent property now or hereafter owned by Grantor,for,without limitation,ingress and egress to and from the
Exclusive Easement,as well as the construction,installation,location,maintenance,relocation and repair of
overhead and/or underground utility connections,including electric,telephone,gas,water,sewer,and any other
utility connection,provided that Grantee shall repair any damages to the Premises caused by such access.This
easement,and the rights granted herein,shall be assignable by Grantee to any public or private utility company to
further effect this provision.Grantor agrees to maintain all access roadways from the nearest public right of way to
the Exclusive Easement in a in er sufficient to allow for pedestrian and vehicular access to the Exclusive
Easement at all times.If it is reasonably determined by Grantor or Grantee that any utilities that currently serve the
Exclusive Easement are not encompassed within the description of the Access and Utility Easement set forth
herein,then Grantor and Grantee agree to amend the description of the Access and Utility Easement set forth herein
to include the description of such areas.If it becomes necessary to relocate any of the utility lines that serve the
Exclusive Easement,Grantor hereby consents to the reasonable relocation of such utility lines upon the Premises
for no additional consideration,and hereby agrees to reasonably cooperate with Grantee to create a revised legal
description for Access and Utility Easement that will reflect such relocation.
12.Mort a ees'Continuation Ri hts and Notice and Cure.Grantor consents to the granting by Grantee of
a lien and security interest in Grantee's interest in this Agreement and all of Grantee's property and fixtures
attached to the Exclusive Easement described herein,and furthermore consents to the exercise by Grantee's
mortgagee ("Grantee's Mortgagee")of its rights of foreclosure with respect to its lien and security interest.
Provided that Grantee gives Grantor written notice of any such mortgagee,Grantor agrees to recognize Grantee's
Mortgagee as Grantee hereunder upon any such exercise by Grantee's mortgagee of its rights of foreclosure.
Grantor hereby agrees to give Grantee and Grantee's Mortgagee written notice of any breach or default of the terms
of this Agreement within fifteen (15)days after the occurrence thereof at such address as is specified by Grantee in
its notice to Grantor of the existence of such Grantee's Mortgagee.Grantor further agrees that no default under this
Agreement shall be deemed to have occurred unless such notice to Grantee's Mortgagee is also given and that,in
the event of any such breach or default under the terms of this Agreement,Grantee and Grantee's Mortgagee shall
have the right for a period of 90 days after receipt of written notice from Grantor to cure or correct any such default,
and Grantor agrees to accept such payment or performance on the part of the Grantee's Mortgagee as though the
same had been made or performed by the Grantee.Grantor agrees that it shall enter into any reasonable
amendment hereto requested by Grantee's current or proposed mortgagee.
13.Notices.All notices required to be given by any of the provisions of this Agreement,unless
otherwise stated,shall be in writing and delivered in person or by a national overnight delivery service (and shall be
effective when received,when refused or when the same cannot be delivered)to the appropriate party at the address
set forth below (or at such other address designated in writing pursuant to the terms hereof):
Site Number:5100
Site Name:Midway Road
To Grantee:American Towers Inc.
c/o American Tower
10 Presidential Way
Woburn,MA 01801
Attention:Land Management
To Grantor:Hydrocarbon Recovery Services,Inc.
at3 .
14.Force Ma'eure.The time for performance by Grantor or Grantee of any term,provision,or
covenant of this Agreement shall be deemed extended by time lost due to delays resulting from strikes,civil riots,
floods,labor or supply shortages,material or labor restrictions by governmental authority,litigation,injunctions,
and any other cause not within the control of Grantor or Grantee,as the case may be.
15.Recordin .This Agreement shall be recorded.
16.Miscellaneous.This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs,legal representatives,successors and assigns.This Agreement shall be governed
by and construed in accordance with the laws of the state or commonwealth where the Premises are located.
17.Ca tions and Headin s.The captions and headings in this Agreement are for convenience and
shall not be held or deemed to define,limit,describe,explain,modify,amplify or add to the interpretation,
construction or meaning of any provisions of or the scope or intent of this Agreement.
18.Cumulative Remedies.Except as otherwise expressly provided herein,each and every one of the
rights,benefits and remedies provided to Grantor or Grantee by this Agreement,or by any instrument or documents
executed purs t to this Agreement,are cumulative and shall not be exclusive of any other of said rights,remedies and
benefits allowed by law or equity to Grantee.
19.Counte arts.This Agreement may be executed in one or more counterparts,and by the different
parties hereto in separate counterparts,each of which when executed shall be deemed to be an original but all of which
taken together shall constitute one and the same agreement.
20.Severabili .If any provision of this Agreement is deemed unenforceable in whole or in part,such
provision shall be limited to the extent necessary to render the same valid or shall be excised from this Agreement,
as circumstances require,and this Agreement shall be construed as if such provision had been so limited or as if
such provision had not been included herein,as the case may be.Additionally,if any laws,rules or regulations
promulgated by any state,county or local jurisdiction,including without limitation those concerning zoning,
subdivision or land use,or should any court of competent jurisdiction,make the sale of the Easements herein either
void or voidable,Grantor agrees that upon the written request of Grantee,the grant of the Easements shall convert
to a ground lease between Grantor,as lessor,and Grantee,as lessee,(with the Exclusive Easement area being the
leased premises therein,and the Access and Utility Easement area remaining a non-exclusive easement for access
and utility purposes)for uses consistent with those set forth in Section 6 hereof,and containing other terms and
conditions acceptable to both parties;provided that Grantee shall not be required to obtain the consent of Grantor to
enter into any sublease or license of any portion of the Exclusive Easement or to permit sublessees or licensees to
utilize the Access and Utility Easement;nor shall Grantor be entitled to any additional consideration in connection
with such subleases and licenses;and provided that that the delivery of the consideration paid by Grantee to
Grantor for the Easements at the execution of this Agreement shall constitute the prepayment of rent under such
ground lease for an extended term of 99 years,or as long as permitted by applicable law.
21.Attorne 's Fees.If there is any legal action or proceeding between Grantor or Grantee arising from
or based on this Agreement,the unsuccessful party to such action or proceeding shall pay to the prevailing party all
costs and expenses,including reasonable attorney's fees and disbursements incurred by such prevailing party in
such action or proceeding and in any appeal in connection therewith.If such prevailing party recovers a judgment
in any such action,proceeding or appeal,such costs,expenses and attorney's fees and disbursements shall be
included in and as a part of such judgment.
Site Number:5100
Site Name:Midway Road
22.Entire Understandin and Amendment.This Agreement,the Easement Acquisition Agreement by
and between Grantor and Grantee,and the closing documents executed in connection therewith,constitute the
entire understan g between the parties with regard to the subject matter hereof and there are no representations,
inducements,conditions,or other provisions other than those expressed herein.This Agreement may not be
modified,amended,altered or changed in any respect except by written agreement and signed by each of the parties
hereto.
23.Zonin .To the extent any improvements upon the Exclusive Easement do not meet zoning or
other land-use requirements,or to the extent such improvements may otherwise have to be relocated,Grantor
hereby consents to the reasonable relocation of such improvements to accommodate such requirements.Grantor
hereby agrees to reasonably cooperate with Grantee to create a revised legal description for the Exclusive Easement
and the Access and Utility Easement that will accommodate the requirements for any relocated tower,including its
access and utility needs.Grantor hereby covenants and agrees that neither Grantor nor an affiliate of Grantor shall
at any time file an opposition to a zoning or land use application of Grantee or in any way publicly oppose Grantee
at a zoning hearing or other land use proceedings in connection with the Premises and the Easements;and that
Grantor shall promptly cooperate with Grantee in making application for obtaining all licenses,permits,and any
other necessary approvals that may be required for Grantee's intended use of the Easements.
24.Rule A ainst Pe etuities.If the rule against perpetuities or any other rule of law would invalidate
the Easements or any portion or provision hereof or would limit the time during which the Easements or any
portion or provision hereof shall be effective due to the potential failure of an interest in property created herein to
vest within a particular time,then each such interest in property shall be effective only from the date hereof until
the passing of twenty (20)years after the death of the last survivor of the members of Congress of the United States
of America (including the House of Representatives and the Senate)representing the state in which the Premises is
located who are serving on the date hereof,but each such interest in property shall be extinguished after such time,
and all other interests in property created herein and all other provisions hereof shall remain valid and effective
without modification.
25.Assi _ent of Ground Lease.The parties hereby recognize and agree that the Premises is
currently subject to that certain Site Lease Agreement,dated May 10,1999 originally by and between Ruben Jasso
and OmniAmerica Development as may have been amended from time to time (collectively,the "Lease").Grantor
hereby acknowledges that there currently exists no default under the Lease,and no conditions that,with the passage
of time,would constitute defaults under the Lease.Grantor hereby assigns,transfers,sets over and delivers to
Grantee,all of its rights,title and interests under the Lease arising or accruing on or after the date of this
Agreement,and Grantee hereby accepts,assumes and agrees to be bound by all the terms and conditions which are
the responsibility of the landlord under the Lease.Grantor hereby releases and forever remises Grantee from all
claims arising under the Lease.Grantor hereby agrees to indemnify and agrees to hold Grantee harmless with
respect to any demands,claims,actions,causes of action,assessments,expenses,costs,damages,losses,and
liabilities (including reasonable attorneys'fees and costs)under the Lease which relate to costs or actions first
arising on or before the date of this Agreement.Grantee hereby agrees to indemnify and agrees to hold Grantor
harmless with respect to any demands,claims,actions,causes of action,assessments,expenses,costs,damages,
losses,and liabilities (including reasonable attorneys'fees and costs)under the Lease which relate to costs or
actions first arising after the date of this Agreement.
26.Further Acts-Attorne -In-Fact.Grantor shall cooperate with Grantee in executing any documents
necessary to protect Grantee's rights under this Agreement or Grantee's use of the Easements and to take such
action as Grantee may reasonably require to effect the intent of this Agreement.Grantor hereby irrevocably
appoints Grantee as Grantor attorney-in-fact coupled with an interest to prepare,execute and deliver land-use and
zoning applications that concern the tower or the tower facilities,on behalf of Grantor with federal,state and local
governmental authorities.
27.tion for Additional Ground S ace.Grantor grants to Grantee an irrevocable option for TY-(99)
YEARS after the Effective Date,and for no additional consideration,to expand the Exclusive Easement to include an
Site Number:5100
Site Name:Midway Road
additional Two Thousand (2,000)square feet North the Leased Premises,in a shape and location to be designated
by Grantee by written notice to Grantor (the "Option Area").Grantor hereby agrees to give Grantee no less 30
days prior notice prior to entering into a lease or other use or occupancy agreement pertaining to any portion of the
Premises.During the foregoing 30 day period Grantee may elect to designate the Option Area by written notice to
Grantor,in which case such Option Area would no longer be available for Grantor to lease to a third party.Grantee
may,at its sole cost and expense,have a survey prepared of the Option Area.Grantor agrees that the legal description
of the area as shown on the survey shall then become the legal description of the Option Area.Grantor hereby grants to
Grantee,its agents,employees and independent contractors the right to enter upon the Option Area at any time after the
Effective Date,to perform or cause to be performed test borings of the soil,environmental audits,engineering studies
and to conduct a survey.Grantor grants the right to clear trees and other obstructions which may interfere,in Grantee's
sole discretion,with Grantee's ability to conduct such activities.Upon request,Grantee shall provide Grantor with any
necessary keys or access codes needed to access the Option Area.In the event Grantee expands the Exclusive Easement
pursuant to this paragraph,at Grantee's request and expense (including all reasonable expenses incurred by Seller
hereunder),Grantor agrees to execute a modification of this Exclusive Easement to reflect the addition of the Option
Area in a form which is recordable in the county in which this Exclusive Easement is located.Bu er a ees to relocate
Seller's access ate to the South if the tion for Additional Ground S ace is exercised.
28.Surve .Grantee may elect,at Grantee's expense,to order a boundary,as built or similar survey of
the Easements (the "Survey")from a surveyor duly licensed under the laws of the state in which the Premises is
located.Grantor further agrees that upon written notice from Grantee to Grantor,Grantee may elect to replace
Attachment B and Attachment C with Attachment B-1 and Attachment C-1 depicting and/or describing the
Exclusive Easement and Access and Utilities Easement(s)in accordance with the Survey conducted by Grantee.
[Signatures Appear on Following Page]
Site Number:5100
Site Name:Midway Road
IN WI SS WHEREOF,the parties hereto have executed this Agreement under seal as of the day and year set
forth below.
G TOR:WITNESSES:
Hydrocarbon Recovery Services,Inc.
a Dela co ra n
BY:/*NW-D.e
Its:Ev
Date:
WI SS my a d and offi ial seal.
Signature:
Notary Public
My Commission Expires:
gnature
Print Name:
Signature
Print Name:
Acknowledgment
G TOR
STATE OF
)ss:
COUNTY OF
On before me,,personally
(he insert name and title of the Notary Public)
appeared ,personally known to me (or proved to me on
Name(s)ofDocument Signer(s)
the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which they person(s)acted,
executed the instrument.
ottri*,,
·CHERYL SLONE4..··el.-4 Notary Public,State of Texas
Is ommission Expires
arch 20,2012
Site Number:5100
Site Name:Midway Road
G TOR:WITNESSES:
Hydrocarbon Recovery Se vices,Inc.
a Dela e co r n
By:
Its:
Date:
.114/e e
rvP,6
G TOR
STATE OF
COUNTY OF
On
appeared
Signature:
Notary Public
My Commission Expires:
before me,
WITNESS my and and official seal.
0I
)ss:
Sign ture
Print Name:Off
Signature
Print Name:
Acknowledgment
,vr,JL!,,
.,personally
(he insert name and title ofthe Notary ublic)
,personally known to me (or proved to me on
Name(s)of Document Signer(s)
the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies),and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which they person(s)acted,
executed the instrument.
CHERYL SLONEPublic,State of Texas
ommission ExpiresMarch20,2012
Site Number:5100
Site Name:Midway Road
TEE:
American Towe
a Delaware co oratio
By:Jason ir h
Its:Vice esi nt,Land Management
G TEE
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF MIDDLESEX
WI my nd a d 'al se .
Notary Public
My Commission Expires:
WITNESSES:
ign e
Print e.
Acknowledgement
g-nature
runt Name:to.C
On this the day of 200 ,before me,,the
undersigned Notary Public,perso Ily appeared Jason D.Hirsch,proved to me through satisfactory evidence of
identity,in which he is personally known to me,to be the person whose name is signed on the preceding document,
and acknowledged to me that he signed it voluntarily for its stated purpose,as Vice President,Land Management,
of erican Towers Inc.,a Delaware limited liability company.
RICHARD P.PALERMO
w Notary Public
Commonwealth of Massachusetts
My Commission Exri Aug 8,2009
Attachments:
Attachment "A"-Premises (legal description of Premises to be attached)
Attachment "B"-Exclusive Easement (legal description of Exclusive Easement to be attached)
Attachment "C"-Access and Utility Easement (legal description of Access and Utility Easement to be attached)
Site Number:5100
Site Name:Midway Road
·V.
Attachment "A"-Premises (legal description of Premises to be attached)
This Attachment May be Replaced by an As-Built Survey at Lessee's option depicting the Premises,Exclusive
Easement,Access and Utilities Easements and if applicable,guy wire and guy anchor easements
Being the same parcel of land conveyed from Siemens Water Technologies Corporation to Hydrocarbon
Recovery Services,Inc.by Limited Warranted Deed,dated October 01,2007 and recorded in Book 2915,Page
2793,recorded on 12/14/2007,in Saint Lucie County.
Site Number:5100
ATC Name:Midway Road
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SYMBOL LEGEND
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STAY OF ENCROACHMENTS
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NORTH
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MAP
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CERTIFICATION:
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ALTA/ACSM LAND TITLE SURVEY
PREPARED FOR:
AM
Dram 36 DC
5/2/2000
Jal
T SURVEY
Site Name:MIDWAY RD
ID:5100
5690 West ay Boulevard
County of St.Lucie
state of Florida
9666 7
4407304 00105
Ms Comment
114 Site No,17753
WER
300
'
Attachment "C"-Access and Utility Easement (legal description of Access and Utility Easement to be
attached)
This Attachment May be Replaced by an As-Built Survey at Grantee's option depicting the Premises,Exclusive
Easement,Access and Utilities Easements and if applicable,guy wire and guy anchor easements
All existing utility and access easements from Exclusive Easement to public right of way.
Site Number:5100
ATC Name:Midway Road
State:
Tower -rls:
Tower Nam
Folder:
Sub Fo War: