HomeMy WebLinkAboutFirst Amendment To Lease AgreementFIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is
made this lrr day of Or_lvla 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 as necessary now or in the future to shelter telecommunications
oDC
equipment and related office space, (b) a free standing monopole
DOC 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 SrFE (FT. PIERCE)
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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 TENANTS 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 TENANTS
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
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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. Canitalized 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.
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IN WITNESS WHEREOF, the undersigned have executed this Amendment the day and
year first above written.
Signed, sealed and delivered in the
presence of:
[ G
Witness
Print Name:
okg:L
Witness C k Print Name:
Witness
r
Print Name:
MIDWAY SrM (Fr. PIERCE
LESSOR:
BECKER HOLDING CORPORATION,
a Florida corporation
Officer's N n/i'e l •r
Title: eirC.' '.,
TENANT:
CROWN COMMUNICATION INC.,
a Delaware corporation
By: -tr' Dl:)x
Officer's Name: M c r lc V.
6 y k r
Title: V L'4 Pre s,;Q,!„ f
MI1:19271610i117JGOIIMOC13%32.0006 4
STATE OF FLORIDA
ss
COUNTY OF ,,,�'� �':
The foregoing instrument was acknowledged before me this oU-, day of
Isa P1 Em 132R , 2000, by Drt rrL IF. 17�� as _ PRes; o�&g— of
BECKER HOLDING CORPORATION, a Florida co'rrppgfation, on behalf of said
corporation. He/WM is personally known to me orhaspredu
identification.
My Commission Expires:
STATE OF c t . k
ss
COUNTY OF PI,M
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Printed Na N
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The foregoing instrument was acknowledged before me this 'tl day of
f0r_,Q Gte... , 2000, by Mork ✓aM t r&4- as of
Crown Communication Inc., a Delaware. corporAtion, on behalf of said corporation.
He/She is personally known to me or has produced as
identification. J
Signature of Notary Public
My Commission Expires:
MDWAY SITE (Fr. PIERCE)
Printed Name of Notary Public
[Seal]
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