HomeMy WebLinkAboutAPPROVED, A2P0018B Lease REDACTEDROOFTOP LEASE WITH OPTION
THIS ROOFTOP LEASE WITH OPTION (this "Lease") is by and between The Princess Condominium Association
of Hutchinson Island Inc. ("Landlord") and Omnipoint Holdings, Inc. dba VoiceStream Wireless, a Delaware Corporation
("Tenant").
1. Option to Lease
(a) In consideration of the payment "Option Fee") by Tenant to
Landlord, Landlord hereby grants to Tenant an of a portion of the property described in the attached
Exhibit A (the "Property"), on the terms and conditions set forth herein (the "Option"). The Option shall be for an initial term of
six (6) months, commencing on the Effective Date (as defined below) (the "Option Period"). The Option Period may be extended
by Tenant for an additional six (6) months upon written notice to Landlord and payment of the sum (,£ • • c at , ("Additional Option Fee") at any time prior to the end of the Option Period.
(b) During the Option Period and any extension thereof, and during the term of this Lease, Landlord agrees to
cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the
Premises (as defined below) from all applicable government and/or regulatory entities (including, without limitation, zoning and
land use authorities, and the Federal Communication Commission ("FCC") ("Governmental Approvals"), including appointing
Tenant as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no
cost to Landlord, to obtain a title report, zoning approvals and variances, land-use permits, and Landlord expressly grants to
Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental
investigations {)n the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's
en.gineering specifications, system design, operations and Governmental Approvals. Notwithstanding the foregoing, Tenant
may not change the zoning classification of the Property without first obtaining Landlord's written consent During the Option
Period and any extension thereof, Landlord agrees that it will not interfere with Tenant's efforts to secure other licenses and
permits or authorizations that relate to property other than the Property. During the Option Period and any extension thereof,
Tenant may exercise the Option by SO notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof
(c) If Tenant exercises the Option, then, subject to the following terms and conditions, Landlord hereby leases to
Tenant certain space on the roof of, and within the building (the "Building") located on the Property sufficient for placement of
the Antenna Facilities (as defined below) together with easeIDen.ts for access and utilities. The location and orientation of
Tenant's space on the roof and within the building, together with all necessary space and easements for access ap.d utilities, is
generally described and depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises,
located at 9650 S. Ocean Drive, Jensen Beacb,St Lucie, Florida, comprises approximately 200 square feet. Notwithstanding
anything contained herein to the contrary, the Premises, as defmed, shall include, but not be limited to, the following: cable runs
and associated cable trays from the base transceiver station(s) (also referred to as the BTS) and the installation of power,
telephone and other utility service cables.
2. T errn. The initial term of the Lease shall be five (5) years commencing on the date of the exercise of the Option (the
"Commencement Date"), and terminating at midnight on the last day of the initial term (the "Initial Term").
3. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication
signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, tower
and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities.
4. Rent. Tenant shall pay Landlord, as ren per month
("Rent"). Rent shall be payable within twenty (20) days following the Commencement Date, prorated for the remainder of the
month in which the Commencement Date falls, and thereafter, Rent will be payable monthly, in advance, by the fifth day of each
month to The Princess Condominium Association of Hutgbinson Island Inc., at Landlord's address specified in Section 12 below.
If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination for
any reason (other than a default by Tenant) and all prepaid Rent shall be immediately refunded to Tenant.
5. Renewal. Tenant shall have the right to extend this Lease for five (5) additional, five-year terms (each a "Renewal
Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein, except that Rent shall be increased by •••• lIIIl11t of the Rent paid over the preceding term. This Lease shall automatically renew for each successive Renewal
Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at least sixty (60) days prior to
the expiration of the Initial Term or any Renewal Term. If Tenant shall remain in possession of the Premises at the expiration of
this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the
same terms and conditions of this Lease.
Site Number:
~ltp N~n1p.·
»018-R
.1"'n~n ~",,~h 1 Version 10-2-01
6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by
Landlord, or lessees or licensees of Landlord with rights in the Property prior in time to Tenant's (subject to Tenant's rights under
this Lease, including, \vithout limitation, non-interference). Similarly, Landlord shall not use, nor shall Landlord permit its
lessees, licensees, employees, invitees or agents to use, any portion of the Property in any way which interferes with the
operations of Tenant. Such interference shall be deemed a material breach by the interfering party, who shall, upon written notice
from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the
parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party shall have the right,
in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to
terminate this Lease immediately upon written notice.
7. Improvements; Utilities; Access.
(a) Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property
and facilities necessary to operate its communications system, including, without limitation, radio transmitting and receiving
antennas, microwave dishes, tower and base, equipment shelters and/or cabinets and related cables and utility lines and a location
based system, including, without limitation, antennil(s), coaxial cable, base units and other associated equipment (collectively, the
"Antenna Facilities"), as such location based. system may be required by any county, state or federal agency/department. Tenant
shall have the right to alter, replace, expand, enhance or upgrade the Antenna Facilities at any time during the term of this Lease.
Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. Landlord
acknowledges that it shall not interfere with any aspects of construction, including, without limitation, attempting to direct
construction personnel as to the location of or method of installation of the Antenna Facilities and the Easements (as defined
below) ("Construction Interference"). Landlord further acknowledges that it will be responsible for any costs and damages
(including, fines and penalties) that are directly attributable to Landlord's Construction Interference. The Antenna Facilities shall
remain the exclusive property of Tenant. Tenant shall have the right to remove the Antenna Facilities at any time during and
upon the expiration or termination of this Lease.
(b) Tenant, at its expense, may use any and all appropriate means of restricting access to the Antenna Facilities,
including, without limitation, the construction of a fence.
(c) Tenant shall, at Tenant's expense, keep and maintain the Antenna Facilities now or hereafter located on the Property
in commercially reasonable condition and repair during the term of this Lease, normal wear and tear and casualty excepted. Upon
termination or expiration of this Lease, the Premises shall be returned to Landlord in good, usable condition, normal wear and
tear and casualty excepted.
(d) Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the
Property (including, but not limited to, the installation of emergency power generators). Landlord agrees to use reasonable efforts·
in assisting Tenant to acquire necessary utility service. Tenant shall, wherever practicable, install separate meters for utilities
used on the Property by Tenant. . In the event separate meters are not installed, Tenant shall pay the periodic charges for all
utilities attributable to Tenant's use. Tenant shall have the right to install necessary conduit and sleeving from the roof to the
point of connection within the Building. Landlord shall diligently correct any variation, interruption or failure of utility service.
(e) As partial consideration for Rent paid under this Lease, Landlord hereby grants Tenant an easement in, under and
across the Property for ingress, egress, utilities and access (including access for the purposes described in Section 1) to the
Premises adequate to install and maintain utilities, which include, but are not limited to, the installation of power and telephone
service cable, and to service the Premises and the Antenna Facilities at all times during the Initial Term of this Lease and any
Renewal Term (collectively, the «Easements"). The Easements provided hereunder shall have the same term as this Lease.
(f) Tenant shall have 24-hours-a-day, 7-days-a-week access to the Premises ("Access")at all times during the Initial
Term of this Lease and any Renewal Term. In the event Landlord, its employees or agents impeded or deny Access to Tenant, its
employees or agents, Tenant shall, without waiving any other rights that it might have at law or in equity, abate from future Rent
an amount equal to Five Hundred and nol100 Dollars ($500.00) per day for each day that Access is impeded or denied.
8. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further
liability as follows:
(a) upon thirty (30) days' written notice by Landlord if Tenant fails to cure a default for payment of amounts ~ under
this Lease within that thirty (30) day pe(iod;
(b) immediately if Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior
to Tenant's installation of the Antenna Facilities on the Premises, or if Tenant is unable to obtain, maintain, or otherwise forfeits
Site Number:
~lt~N!tmp.·
POlS 2 Version IO-2·.()j
or cancels any license (including without limitation an FCC license), permit or any Governmental Approval necessary to the
installation and/or operation of the Antenna Facilities or Tenant's business;
(c) upon ninety (90) days' written notice by Tenant if the Property, the Building or the Antenna Facilities are, or
become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system
to which the Antenna Facilities belong;
(d) immediately upon written notice by Tenant if the Building or the Antenna Facilities are destroyed or damaged so as
in Tenant's reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. In such event, all
rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the
reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises
and/or the Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction; or
(e) at the time title to the Property transfers to a condemning authority pursuant to a taking of all or a portion of the
Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each
be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with
the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation.
9. Default and Right to Cure. Notwithstanding anything contained herein to the contrary and without waiving any
other rights granted to it at law or in equity, either party shall have the right, but not the obligation, to terminate this Lease on
written notice pursuant to Section 12 hereof, to take effect immediately, if the other party (i) fails to perfoffil any covenant for a
period of thirty (30) days after receipt of written notice thereof to cure or (ii) commits a material breach of this Lease and fails to
diligently pursue such cure to its completion after sixty (60) days' written notice to the defaulting party.
10. Taxes. Landlord shall pay when due all real property taxes for the Property, including the Premises. In the event
that Landlord fails to pay any such real property taxes or other fees and assessments, Tenant shall have the right, but not the
obligation, to pay such owed amounts and deduct them. from Rent amounts due under this Lease. Notwithstanding the foregoing,
Tenant shall pay any personal property tax, real property tax or any other tax or fee which are directly attributable to the presence
or installation of Tenant's Antenna Facilities, only for so long as this Lease has not expired of its own tetms or is not terminated
by either party. Landlord hereby grants to Tenant the right to challenge, whether in a Court, Administrative Proceeding, or other
venue, on behalf of Landlord and/or Tenant, any personal property or real property tax assessments that may affect Tenant If
Landlord receives notice of any personal property or real property tax assessment against the Landlord, which may affect Tenant
and is directly attributable to Tenant's installation, Landlord shall provide timely notice of the assessment to Tenant sufficient to
allow Tenant to consent to or challenge such assessment. Further, Landlord shall provide to Tenant any and all documentation
associated with the assessment and shall execute any and all documents reasonably necessary to effectuate the intent of this
Section 10. In the event real property taxes are assessed against Landlord or Tenant for the Premises or the Property, Tenant
shall have the right, but not the obligation, to terminate this Lease without further liability after thirty (30) days' written notice to
Landlord, provided Tenant pays any real property taxes assessed as provided herein.
1 L Insurance and Subrogation and Indemnification
(a) Tenant will provide Commercial General Liability Insurance in an aggregate amount of One Million and nollOO
dollars ($1,000,000.00). Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of
liability insurance Tenant may maintain.
(b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive
all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for
all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim
against the other. To the extent loss or damage is not covered by their first party property insurance policies, Landlord and
Tenant each agree to indemni1Y and hold harmless the other party from and against any and all claims, damages, cost and
expenses, including reasonable attorney fees, to the extent cansed by or arising out of (a) the negligent acts or omissions or
willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors,
licensees, tenants and/or subtenants of the indemnifying party, or (b) a breach of any obligation of the indemnifying party under
this Lease. Notwithstanding the foregoing, this indemnification shall not extend to indirect, special, incidental or consequential
damages, including, without limitation, loss of profits, income or business opportunities to the indemnified party or anyone
claiming through the indemnified party. The indemnifying party's obligations under this section are contingent upon (i) its
receiving prompt written notice of any event giving rise to an obligation to indemnifying the other party and (ii) the indemnified
party's granting it the right to control the defense and settlement of the same. Notwithstanding anything to the contrary in this
Lease, the parties hereby confirm that the provisions of this section shall survive the expinItion or termination of this Lease.
Tenant shall not be responsible to Landlord, or any third-party, for any claims, costs or damages (including, fines and penalties)
Site Number:
~1fi"! N,:itnp."
3 Version 10-2 .. 01
attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property, including the
Premises.
12. Notices. All notices, requests, demands and other communications shall be in writing and are effective three (3)
days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day
delivery via a nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time
designate any other address for this purpose by providing written notice to the other party.
Ifto Tenant., to:
Voicestream Wireless Corporation
12920 SE 38th Street
Believue,WA 98006
Attn: PCS Lease Administrator
With a copy to: Attn: Legal Dept.
If to Landlord. to:
The Princess Condominium Association of Hutchinson Island
Inc.
9650 S. Ocean Drive, Jensen Beach, Florida, 34957
With a copy to:
Onmipoint Holdings, Inc. Dba Voicestream Wireless
3111 W. Dr. Martin Luther King Blvd Suiet 400
Tampa, Florida 33607
Attn: Lease Administration Manager
With a copy to:
13. Quiet Enjoyment. Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has full right,
power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property and the Building free and clear
of any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the
Premises; and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of
any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease,
Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any
applicable grace or cure period.
14. Environmental Laws. Landlord represents that it has no knowledge of any substance, chemical or waste
(collectively, "Hazardous Substance") on the Property that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property
in violation of any applicable law. Landlord shall be responsible for, and shall promptly conduct any investigation and
remediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused
solely by Tenant, that have occurred or which may occur on the Property. Each party agrees to defend, indenmi1Y and hold
harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands
and liability (collectively, "Claims") including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses,
judgments and reasonable attorney fees that the indenmitee may suffer or incur due to the existence or discovery of any
Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any
Hazardous Substance into the environment (collectively, "Actions"), that relate to or arise from the indenmitor's activities on the
Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property
not caused by Landlord or Tenant prior to and during the Initial Term and any Renewal Term of this Lease. The indenmifications
in this section specifically include, without limitation, costs incurred in connection with any investigation of site conditions or any
cleanup, remedial, removal or restoration wolk required by any governmental authority. This Section 14 shall survive the
termination or expiration of this Lease.
15. Assignment and Subleasing. Tenant shall have the right to assign or otherwise transfer this Lease and the
Easements to any person or business entity which is authorized pursuant to and FCC licensed to, operate a wireless
communications business, is a parent, subsidiary or affiliate of Tenant, is merged or consolidated with Tenant or purchases more
than fifty percent (50%) of either an ownership interest in Tenant or the assets of Tenant in the "Metropolitan Trading Area" or
"Basic Trading Area" (as those terms are defined by the FCC) in which the Property is located. Upon such assignment, Tenant
shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under
this Lease and all obligations hereunder. Tenant may sublease the Premises, upon written notice to Landlord Tenant may
otherwise assign this Lease upon written approval of Landlord, which approval shall not be unreasonably delayed, withheld,
conditioned or denied
Additionally, Tenant. may, upon notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna
Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, including their
Site Number: POlS
!':1tp N~m,p,· _Tpn~ ~("'h 4 Version 10-2-01
successors or assigns (collectively "Mortgagees"), provided such Mortgagees agree to be bound by the tenus and provisions of
this Lease. In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by
Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give
Mortgagees the same right to cure any default as Tenant or to remove any property of Tenant or Mortgagees located on the
Premises, except that the cure period for any Mortgagees shall not be less than thirty (30) days after receipt of the default notice,
as provided in Section 9 of this Lease. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by
Tenant. Failure by Landlord to give Mortgagees such notice shall not diminish Landlord's rights against Tenant, but shall
preserve all rights of Mortgagees to cure any default and to remove any property of Tenant or Mortgagees located on the
Premises as provided in Section 17 of this Lease.
16. Successors and Assigns. This Lease and the Easements granted herein shall run with the land, and shall be binding
upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.
17. Waiver of Langlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise,
concerning the Antenna Facilities or any portion thereof, which shall be deemed personal property for the purposes of this Lease,
whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees
the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in
Tenant's andlor Mortgagee's sole discretion and without Landlord's consent.
18. Miscellaneous.
(a) The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court
costs, including appeals, if any.
(b) Each party agrees to furnish to the other, within twenty (20) days after request, such truthful estoppel information
as the other may reasonably request.
(c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations
and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this
Lease must be in writing and executed by both parties.
(d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in
substantially the form attached hereto as Exhibit C) necessary to protect its rights or use of the Premises. The Memorandum of
Lease may be recorded in place of this Lease, by either party. In the event the Property is encumbered by a mortgage or deed of
trust, Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non-disturbance and attornment agreement for
each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain title insurance on its interest
in the Premises. Landlord agrees to execute such documents as the title company may require in connection therewith.
(e) This Lease shall be construed in accordance with the laws of the state in which the Property is located
(f) If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this
Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they
shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not
be interpreted against the draftsman, but rather in accordance with the fair meaning thereof No provision of this Lease will be
deemed waived by either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by
delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a
waiver of such provision with respect to any subsequent matter relating to such provision.
(g) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease
in their individual or representative capacity as indicated
(h) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all
of which together shall constitute a single instrument.
(i) All Exhibits referred to herein and any Addenda are incorporated herein for all purposes. The parties understand
and acknowledge that Exhibit A (the legal description of the Property) and Exhibit B (the Premises location within the Property),
may be attached to this Lease and the Memorandum of Lease, in preliminary form. Accordingly, the parties agree that upon the
preparation of final, more complete exhibits, Exhibits A, and/or B, as the case may be, which may have been attached hereto in
preliminary form, may be replaced by Tenant with such final, more complete exhibit(s). The terms of all Exhibits are
incorporated herein for all purposes.
Site Number:
~itAN$tmp.· 5 Version 10-2 .. {)j
(j) If Landlord is represented by any broker or any other leasing agent, Landlord is responsible for aU commission fee
or other payment to such agent, and agrees to indemnify and hold Tenant hannless from all claims by such broker or anyone
claiming through such broker. If Tenant is represented by any broker or any othr leasing agent, Tenant is responsible for all
commission fee or other payment to such agent, and agrees to indemnify and holr Landlord hannless from all claims by such
broker or anyone claiming through such broker. :
i
The effective date of this Lease is the date of execution by the last party tq sign (the "Effective Date").
LANDLORD: The Princess Condominiwn Association of Hutchinson Island Inc.
\VITNESSES:
By:
Printed Name:
Its:
Date:
LANDLORD: WITNESSES:
By:
Printed Name:
Its:
Date:
TENANT: Ornnipoint Holdings, Inc. dba VoiceStream Wireless
:_N~' ~.<::S
Its: Director Of Engineering & Operations
Date:
Site Number:
~ttp.N~1"n.("·
POlS 6
Print Name ___________ _
Print Name ___________ _
WITNESSES:
2:--L~i?-Print Name:=:: L. -,-wi
Version 10-2-01
ADDENDUM TO ROOFTOP LEASE WITH OPTION
{Additional Terms}
In the event of ronflict or inconsisteru:y between the terms of this Addeodum and the Lease, the terms of the Addendum
shall govern and control. An capitalized terms shall have !he same meaning as in the Lease.
Section 5. ~.
In the second sentence, dcl~ "except that rent shall be inC!~
preceding tenn." and replace with "exc:ept that rent shall be iJlCl:euoo
the precQding year."
Section 13. Ouil;t Enjoyment. IitIQ and AutOOricy:
hpilice the existing paragraph with the following new Pllfllgroph:
",,-/UU1
Landlord warrants that: (i) Llmdlord is, per § 7UU II, Florida Stututes. the lawful representative of the unit
owners who own the Property in fee simple and bas rights of access thereto; (it) Landlord has fuR right to make
and pertonn this Lease; and (iii) Landlord covonants an4 asrees with Tenant that upoo TeIllIIlt paying the Rent and
ob$erving and ptrlonning aU the tenns, covenants and conditiOils on Tenant's pen to be obs;::ovQ\i and perfonned.
Teruutt may pea<:efuIly and quietly enjoy the Pl'elllises.. Landlord agrees to indenlnitY and hold harmless Tenant
from any and all ellli'tns on Tenant's leasehold interest
Section 6. IgtW"erern::Q:
Replace the rust sentence for llCCtiOl1 with the following:
Tenant shan not use the Premises in any way which inted'erc;s with the use of the PJoperty by Landlord. or lessees
or liWlSees of Landlord (including but not limited to ~ Communlca1ions) with rights in the Property prior in
time lO Tenant's.
This Addendum is effective on the ~ve Date of the Lease.
LANDLORD: The PrincessCondontinium Association
of Hutchinson Island. Inc.
By:
Printed N;une:
Its:
Date:
SilcNum~ POIKB
Si1<t ~e: .IcIiscn Bead>
" ... ..-...-.. '1" .. _-'t"\..I_..c-
WITNESSES: