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HomeMy WebLinkAboutOption To Lease Agreementk
gXTIN AM-ZEAE AGREMOMT;
�j
This Agreement is made this nay of
1998, between BECKE$ HOLDING CORPORATION, whose address is
660 Beachland Blvd., Vero Beach, FL 32963 hereinafter suite 201
and BELLSODTB MOBILITY INC. w+ r.;.6-ces at designated LESSOR
Hoca Raton, PL 33487, hereinafter designated 5TF© XAwTongress Avenue,
RECITALS:
LESSOR is the owner of certain real proper-:ry -located at 16434
Okeechobee Road, Fort Pierce, Plorida, St. Luc.,' 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 (.10') wide strip of
real property to provide access to the Leased.lbarcel (hereinafter
referred to as the "Access Parcel") (said Leased Parcel and Access
Parcel being hereinafter collectively referred to as the
"Property"). The Leaned 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 is more specifically
described and substantially shown outlined in green on Exhibit INA"
attached hereto and made a paw hereof."
NOW, THEREFORE, in consideration o= a su' of
hereinafter referred to as Money,- to ua paid by TENANT to the LESSOR, which TENANT will provide upon its
execution of this Agreement, the LESSOR hereby g:;ants to TENANT the
right and option to lease the Property for' the term and in
accordance with the covenants and conditions sot fortis herein.
The Option may be exercised at any time -Vithin ninety (94)
days from -final execution of this Agreement by,rZsSOR.
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 inwriting so that TENANT can take steps necessary �O protect TENANT'S
interest in the property.. ,
L00'a 0990 moo rIIOND 6£668TZT99 £T:8T 000Z,63- M
LESSOR covenants that LESSOR is seized a
title and interest to the property 4 good and sufficient
into and execute this A regimen and has f%XL.. au Ority to enter
r covenants that
there are no other liens, judgments,. or impediSSOR a:ents of title on the
Property except the Mortgage and' Securit;;� Agreement dated
t0 M r l i T ti f -,AnCe rmmD�y
("Metropolitan") recorded --- e --
.1Q59 , pa e 1 t93 in Of;�'�c�al Records Book
public. records of St LucieCCA nty, Florida (the
"Met? ife Mortgage") .
This option may be sold, assigned, or tram;=erred at any time,
to T—ngANT'S principal, aff4liates or subs-, o+ its principal
or to any company with which TEI,NT is. merged or consolidated
without LESSOR'S consent or apmroval. As to c)the= pa.�ties, this
Option may not be sold, assigned, or transfer *ed Y„T? Mhout (a) the
written, . consent of the LESSOR, which cox:sant may not be
unreasonably withheld or denied and (b) for as bong as the Me -'life
Mortgage remains a lien on the Property, the wri :ten consent of
Metrapolitan; which consent may not be LnreasoZiy withheld or
dea;ed. .
Should TENANT fail to axe,,; se this Ont.:an wiTh�*� the time
herein limited, a'-? rights and nriv=? �
eyes gran:.ed hereander shall
be deemed completely au-i'endered, t i$ Option tee.:mated and
LESSOR shall - retain all money paid for ta•L, on", .an, azd no
add- ional money shall be payable by a=ther axty to the other.
The LESSOR shall petitdam= ;g theptioA ?period ��-
irtgress and egress to the Property to conduct such surveysQ
strUCtur a? strength analysis, subsu=,face boring tests and other
activities of solar nature as
sole cost of TENAi�I"_'. _n add�t-anTEi RUT mzy deeac- necessary`, at the
r =
file aay appl.icat .ons for eert� r; NT sisa�_ have the might to
a' p==vzls which are reasonably related a o �he �a 0. s' 'an� other
OF the Leased parcel as a communicatioas fac:.__ R S =11 izat_on
re i- Y �'Ty that may be
cu"_ed by ari federal, state, or local aut .orit_es. T'SS012
agrees to cooraerate with �Iijgj�T +;� '_ts effo� �s to flhtain such
approvals and sign such papa-s as may be requ-'red to file such
zPAl_cations with the appropriate authoritie.
indemnifies LESSOR and a Tr�-NT hereby
gees to hold USSOR ha-= ess from any cost
or expense of the foregoing ac -ivities, any lie;� attaching to the
Prone=ty as a result thereof, and any 1 ability, :loss, or doge to
person or property or to the Property=esulting from any of such
activities including, but not wayof ,
attorneys,, fees and costs ; limitation, reasonable
-nO-ed by LESSOR in connection
therewith or enfarcing th4 s indemui. ication which shall survive the
termination of this Option.
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Notice of the exercise of the Option shall. be given b TENANT
M�
to the LESSOR and to Metropolitan as long a$ tlife Mortgage is a
lien on the Property, in writing by certified iail, 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:
ILEASB AGREEMENT
1. LESSOR hereby leases to TENANT the !.,eased Parcel along
with the nonexclusive right to utilize the Acce.vs Parcel, seven (7 )
days a week, twenty-four (24) hours a -day,. on foot or motor
vehicle, including trucks, and for the installa� ion and maintenance
of utility wires, cables; conduits and pipes over, under, or along
the Access Parcel, said Leased Parcel and Azeess Parcel being
substantially as described herein in. Exhibit "B" arid as shown
enclosed within red and green lines respectively on Exhibit "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 shall be subordinate
to LESSOR'S use thereof for ingress, egress, and 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 f&nce and/or
gate the Access Parcel as long as TENANT is pro';rided a key and the
fencing does not obstruct TENANT'S 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 egg -ess 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 set forth on said survey is atta-bed as Exhibit "B,"
which shall be attached hereto and made a part hereof, and shall
control in the event of discrepancies between j.t and Exhibit "A."
LESSOR grants TENANT the right to take nceasurements, make
calculations, and to note other structures, .setbacks, uses, or
other information as deemed by TENANT to be relwrant and pertinent,
as such information relates to LESSOR'S real property, leased or
Otherwise abutting or surrounding the Prope-ty. Cost for such
survey work shall be borne by the TENANT.
3
6001d 099# WO.0 lowuo VC668TZT95 VT:BT 000ZA6Z'993
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3. -This Agreement shall be for &n initial term of five (5)
Years, beginning on the date the Option is exۥraised 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 BBC]= 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 ®attend this lease for
four (4) additional five (5) year terms (each:additional five (5)
year term being herein referred to as an "Rx'tension 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 and of the current lease
term, in which case this lease z - terminate, at the end of the
then current Extension Term,
4
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• 6. if 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 and of such Extension
Term, this Agreement shall continue in foice, upon the same
covenants, terms, and conditions for a further term of one (1)
year, and for annual terms thereafter until taizzi.nated by either
party by giving to the other written notice of Its intention to so
terminate at least six (6) months prior to the and of such term.
Monthly rental for this period shall be equal to 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, nainta ring, 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 hundra-,d fifty (250) feet
without the express written consent of LESSOR, Which consent may be
arbitrarily withheld, and (c) all necessary connecting
appurtenances. TENANT may modify its antenna ;atructure (but not
the total height of the structure) or building':3(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 comparab]e construction may
at the option of TEMWT be placed around the perimeter of the
Leased Parcel (not the Access Parcel). All improvements shall be
at. TENANT'S expense. LESSOR grants TEXMT the right to use not
more than twenty feet (201) of the LESSOR'S Iand 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;' TMMNT 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 unreasonably withheld or
denied. TENANT shall maintain .the Leased Par --al in a good and.
functional condition clear of all debris, -*:rash, 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 wrailable to TENANT
under this Agreement, TENANT, at its sole and ah.soluta discretion,
shall have the right to terminate this Agreement with ninety (90)
days prior written notice to LESSOR and a lt:.np sum payment to
LESSOR in an amount equal to six (6) months rental at the rate in
effect at th® time of termination. Notice of thec TBITANT' S exercise
of its right to terminate shall be given to - LEl►SOR in writing by
certified mail, return receipt requested, and ;shall be effective
upon receipt of such notice by the LESSOR as evidenced by the
5
TTO'd LU9Z# NX03 NMOU3 DE668TZT99 U: 8T 000Z.69"922
J
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 TEM.&T shall survive
subject to a limitations set forth in Section 8 of this
Agreement. In no event may TBILUT permit any other 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 LESSON; 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 vaid by TENANT to LESSOR by an amount whicr shall be equal to
Qf the monthly rentsl income to be paid
by the co -locating party to TENANT pursuant to v..,: ittan 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 Ccm- encement Date of
this Agreement or. (b) when the third party 'ca-locators'
installation of equipment commences, and continuing thereafter
until the earlier of (a) the termination"of thi:i Agreement or (b)
the termination of the applicable co -location :agreement. it is
understood and agreed that TENANT'S ability to usa the -Property is
contingent upon its obtaining, after the &xecution 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' TPNANT in it. efforts to obtain
such approvals for TWWT'S use: of the property and LESSOR agrees
to sign such documents as are customarily and rtaasorably 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 perfbrmt 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. TEXiXT shall indemnify and hold LESSOR harm -less 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-:tims 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 tprirination of this
agreement - for a period of three (3) years frim and after said
termination.
6
ZTO"d OW NK03 XW*d:) b£668TZT99 6T-BT 000Z.6Z1933
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9. LESSOR agrees, that TENANT may self-Imsure against any
loss or damage which could be covered by a :'commercial general
public liability insurance policy as long as TE1W;T has a net worth
of at `least' $100,000,000, but otherwise, TEXkWT shall provide
commercial general public liability policy in :gin 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 at addressed to Lessor Metlife evidencing such
coverage and providing that such i� may not be cancelled
without at east ten (10) days advance written notice to the
addressee. T e . self insurA ace right does not a Daly to any assign
of TENANT. N-C, ck
10. TENANT shall be responsible for making any necessary
returns for and paying any and all property taxes, separately
levied or assessed against its improvements on the Property.
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'SmprovemErts by the
taxing authorities. I.
Il. -TENANT upon termination of this Agreement, shall, within
a reasonable period, not to exceed forty-five (45) days, remove its
personal property and fixtures and restore th,a Property to its
original above grade condition, reasonable wear and tear excepted.
At LESSOR'S option when this Agreement is te::nninated tnd upon
LESSOR'S advance written notice to TENANT, TEI,LLLIT will leave the
foundation and security fence to become property of LESSOR. if
such time for removal causes TM=T to remain on the Property after
termination of this Agreement, TENANT shall pwy rent at the then
existing monthly rate or on the existing monthly pro rata basis if
based upon a longer payment term, until such ti.mlci:: as the removal of
personal property and fixtures are completed.
12. Except as to any transfer of tir.16 incident to any
foreclosure or deed in lieu of foreclosure of thi Metlife Mortgage,
should the LESSOR, at any time during the terra- of this Agreement
decide to sell all or any part of its real property which includes
the Leased Parcel or the Access Parcel thereto tci, a purchaser other
than TENANT.. such sale shall be under and subject. to this Agreement
and TENANT'S rights hereunder. LESSOR agrees u-::it to sell, lease,
or utilize any other areas of LESSOR'S larger parcel of which the
Property is a part for the placement of other communication
facilities if such installation would unreasona:.:Ply interfere with
the facilities utilized by TENANT upon the Prop -arty.
13. LESSOR covenants that' TENANT, on pa_aing -the rent and
performing the covenants' shall peaceably and qlLietly havev hold,
and enjoy the Property.
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C1.01a 099# WK07 NMolio V£668TZT99 91:8I OOOZ,6Z'$33
.14. LESSOR cooenants that LESSOR is s�:ised of good and
sufficient title and interest to the Prop.4rty and has full
authority to eater into and execute this A5reeM1Aat. LESSOR far Cher
covenants that there are no other liens, judgment, or imped.ments
Of title an the Property except the Metlile Mortgage.
15. -It is agreed and understood that this Agreement contains
all agreements, prom=ses, and understandings bet"Jeen the LESSOR and
TENANT rind that ono verbal or oral agreemets, prcmi.ses, or
understandings shall be binding upon either the !:LESSOR o., TE
an dispute, controversy, p '� �NANT -�
Y p sy, or proceeding at law, and any addition,
variation, or modification to this Agreement ;shall bz void and
inef!active' unless made in writing and 5-igned by the p4"-c4es.
16. This Lease Agreement and the terforma,-z;:e thereof shall be.
governed, interpreted, construed, and :. --" ated ' ty the laws of the
gul
state of Florida. The pa. -ties agree that proper venue f
action . whichor any
may be brought hereunder shall a St LucieOot
Florida, and both parties hereby. consent to the 7>�ri,sd=cMion of the
coups of Ma. -tin County, Florida for the =esolutiov of any matter
per tairung to this Agreement. - .
17. This Agreement may be sold, assigned, or :.ran-5ferred at
any time to TENANT'S principal, aff=dates, or subs{ d:,; rieS *T
Principal ar to a.-�y company with which ' � a r o= _..s
or
consolidated without LEcSOR,S consent or approi gl. � s to a other
,parties, this Agreement may not be sold, assignsA, or t=ansferred
without (a) the wr.i tten consent of the -LESSOR, which consenmay
not be unr easonab? y withheld Cr denied, a :d (b) :'.° or as .1 on a'.'s the
Met? ife Mo�gage remains a lien on the P;oparty z;:e %J=itten consent
of Metropolitan, Whichconsent may not be LnreaB:rll�=y w- tznzl er
denied. -
1 B . ' All notices hereunder Must be i a wr:::i:�g anc shaz 1 be
deemed validly given if sent by certified ma;,., retu--.1 _eceint
requested, addressed as follows (or aav othew address that the
party to be notified stanotice)y have designated to the sender by like
LESSOR: Becker Roiding Corporaticz
Suite 201
660 Beachland Boulevard
Vero Beach, FL 32963
TZHAN'= : BellSouth Mobility Inc.
5201 Congress Avenue
Boca Raton, FL 33487
Attn: Network Real Estate Mj°�Zager
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METROPOLITAN:
Metropolitan Life Insurance Company,'
8717 W. 110th Street., Suite 700
overland Park, Kansas 6621.0
Attention: Vice President
WITH COPY TO:
Metropolitan Life Insurance Company.
4427 Garwood Place
Richmond, Indiana 47374
Attention: Manager
a New York corporation
19. This Agreement shall extend to au3 bind the heirs,
personal representatives, successors, and permitted assigns of the
parties .hereto.
20. AT LESSOR'S option, this Agreement s::iall. 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 TENMT'S right to remain
in occupancy of and have access to the propert:,r as long as TENANT
is not in default of this Agreement. TssI1P�iTT shall execute in a
timely manner whatever instruments as may reasotably be required to
evidence this stibordination clause. In the ev#ant 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 tc%= SubordLn,ation,
Attornment, and Nondisturbance Agreement (attached as Exhibit "C")
shall govern Metropolitan and any - successors Co 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 qsf the Metlife Mortgage and all those 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 ferm 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.
9
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22. LESSOR and TENANT agree that upon T.ENANT'S timely and
propel exercise of the Option granted hereunder, this Option and
Lease Agreement may be forwarded for recordiRy 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.
J
23. TENANT, at TENANT'S option and expensi:, may obtain title
insurance on the Prope, ty. 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 diligelzt efforts to cure
such defects in title, provided, however, tbISSOR shall not be
required to file suit to clear any title defects: Should the
LESSOR fail to provide any reasonably requested documentation
within thirty (3 0) days of TENANT'S request., or shall fail to
provide the requested nondistarbance iastrumeat required pursuant
to. Section 20 of this Agreement, TENM T', at it$ sple option, nay
cancel and terminate this AgreMent or, at Tr-NMT"S option and at
TENANT'S e=ense, may proceed to cure any title defects.
24. If TENANT defaults 4n fulfill
this Agreement and such default shall c
after TENANT'S receipt of written notice
nature of said default or, if the said
be of such a nature that the same can
remedied within such sixty (60) day per
good faith commence the curing or remed
such sixty (60) day period and shall
Proceed therewith to completion withir
days, then in the event of any one or n
shall be entitled to its remedies at 1
have the right to accelerate rent for t
term thereof, this Agreem nt shall term,
fully and completely as if such were
fixed for the end and expiration of this
then quit and surrender the Property to
ing any cf the covenants of
:nt.inue 4or sixty (60) days
=rem LESSOR specifying the
default .so 'specified shall
iet be reasonably cured or
Lod, if TENANT steall not in
ring of such default within
not thereafter diligently
one hundred twenty (12 0 )
ore of such evdnts, LESSOR
Xw and i1L equity and shall
he r emairider of the entire
.nate and come to an end as
the day herein- definitely
Agreement and TENANT shall
LESSOR Ai3 provided herein.
25. In connection with any litigation at.tsing out - of this
Agreement, the prevail.Lug party, Whether LESSOR t;r TEIr'AN=, shall be
entitled to recover all reasonable costs ihourrad including
reasonable attorneys' fees for serVices rendered -In connection with
any enforcement of breach of contract, in-c-luding appellate
proceedings and post judgment proceedings:
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9To'd 09Z# woo NROUD MUTZ199 9T:8T 000Z,6Z'52.3
26. In accordance with Florida Law, the ]`ollowing statement
is hereby made:
RADON OPTS: Radon is a natura-5.3.y 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 qu-idelines have
been found in buildings in Florida. Additional
information regarding radon and radon t0sting may be
obtained from your county public health ux..it.
27. LESSOR shall hold TENANT harmless 92rom and indemnify,
TLNANT against and from any damage, loss, exp uses, or liability
resulting from the discovery by any person of-azardous 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 TE WT, its agents,
contractors, employees, or ixivitees. The forego:Lng sentence is not
bi.ndiiig on Metropolitan and any successors to thj:s Metlif a 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 Metli€e Mortgage: and all y:hose claiming. by,
through, or under such person or entity, except for actions or
inactions of the person or entity subsequently"woquiring title to
the Property. TENANT will be responsible for axiy 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 TENjRAT,S equipment and
uses of the aforementioned Property.
28. This Agreement shall be executed in three (3)
counterparts, each' -Of which shall be deemed an 0rigi.nal, and such
counterparts shall constitute but one and the s;me Agreement.
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IN WITNESS WHEREOF, the parties hereto
and affixed their respective seals.
Signed., sealed, and Delivered
in_the presence of: "LESSOR"
r- " I /IA'
Wit Aes $
Printed Name
STATE OF FLORIDA
COUNTY of ST. LUCIE
hi -Pre set their hands
BECKER HOLDING CORPORATION
Printed Name
Title
660 Beachl`�1nd Blvd, Suite 201
Vero Beach:, Florida 32963
Address
Z HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the CzauntY aforesaid to
take acknowledgments, personally appeared _pg •e , 1 �,,n ��
who is known to be the `S ' 'l` of C It
BOLDING CORPORATION. He is personally -known toj:ue or has produced
a valid Florida Drivers License as identification and did take an
oath, and he executed the foregging instrument aad acknowledged to
and before me that he executed the same.
WITNESS my han and official seal in the County and State last
aforesaid this 1_ day of '�gG -
NOTARY STAB :
12
810'd 0M moo NAM VE6681Z199 9T:8T 000?'6Z'gzj
Signed, sealed, and Delivered
in the presence of: "TENANT' >:
E MOSIiI.My INC.
n.
Witness"'—
P ted Name
i ness •
Printed Name
STA'i'E OP FLORIDA
COUNTY OF se : -EweEEL;-
cm1lRdi'a P • 9�
Printed 'Name "~
Title -
5201 COngiess Avenue
Boca Ratorit Florida 33 87
Address
I HEREBY CERTIFY that on this day, before m1e, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared..,1,�,�
who is known to be the me of BEDS-0 TH
MOBILITY INC. He is personaT17 known to me or haes produced a valid
Florida Drivers License as identification and did take an oath, and
he executed the foregoing instrmMent and acknowlt:dged to and before
me that he executed the same.'
WITNESS my hand -,and official seal in the Cotenty and State last
aforesaid this day of _1998.
NOTARY 10ALIC., SUTE OF FLORIDAAT LARGE.
PRINTED � Og SOT
NOTARY STAMP:.
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EXHIBIT 'B' j.
DESCRIFMN 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:
Commencin j 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 (rlw) map of
State Road No. 70. Section No. 94030-1505. dated 8/97. •pnxeed North
6T 21' 47' East along said ' centerline of State Road No. 70 a distance
of 78.11 feet to a pant on the West line of ,the Southwest t/4 of void
Section 1, as shown on said F.D.O.T. r/w mop; thence North Xr 34' 35"
East along said West One of the Southwest 1 /4• of Section 1 o distance of
406.58 feet to the West 1 4 corner of said Section 1. as sfu)wn on said
F.D.O.T. r/w map; thence orth 00' 28' 55" East along the West line of
the Northwest 1 /4 of Section 1 a distance of 2584.03 feet: Uience South
89' 44' 13" East o distance of •118.00 feet to the POINT OF' BEGINNING:
thence South ST 44' 13" East- a distance of 150.00 feet; thence
South 00' 28' 55" West a distance of 1.90.00 feet; thence NC rth AV 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 UTILITY EASEME'VT
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:
Cornrnencinq at Florida Department of Transportation (F.D.O.T) centerl-ine
P.I. station 248+43.561', as shown on F.D.O.T. right of way (I f 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. 7G 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 snap; thence North 00' 34' 35' East
along sold 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 tF.e POINT OF
13EG INNING: thence North 00' 34' 35" East along said Cost r/w line a distance
of 11.06 feet: thence North 6S 19' 45' East a distance of 71.18 feet; thence
North 19' 1.8' 43" East a distance of 40.10 feet; thence W"Ah 07 53'
04' East a distance of 1522.70 feet; thence North 00' 28' 55' East a
distance of 847.06 feet: thence South 89' 44' 13' East a distoiice of 10.00
feet: thence South 07 28' 55" . West a distance of 847.14 -''eet; thence
South 00 53' 04' West a distance of 1524.35 fact; thence South IT 18'
43' West a distance of 45.97 feet: thence South ST 19" 45' W01 a distance
of 80.15 feet to the POINT OF. BEGINNING.
Containing an area of 24,893 square feet. more or less.
BdboA MaMY - W. Mdwey-M
WiMarn B. Zentz & A8180 iatea, Inc. '
Land Survey Services goo -ors
CWWOM of /ilnnlaRQJI W ke) Ma am DATE
953 Old Mode Highway, Suite 9-4va 8`78/98
Vera Beak Fl 32960
Phone: (361) 567-7552 *XLMM 6t 2ZNM sreEEr of
Fax : (561) 567-1751 REOMME! Iona NAL W6 >' 3
sMF of AGWIM
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j EXHIBIT TB') -
DESCRIPTION OF ACCESS OkSEMENT
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:
Cornmencinj at Florido Deportment of Transportation (F.D.O.T.) centerline
P.J. station 248+43.561 as shown on F_D.O.T. right of way State Road No. 70. Section No. 94030,1505, doted E: g7, (r/w)Proceed
map °f
67' 21' 47" East along said centerline of State Road No. 0 stance
of 78.11 feet - to a point - on the West line of the Sou thwest 1 /4 of said
Section 1, as shown on said F.D.O.T. r/w map; thence Nodh 00' 34' 35" East
Wong said West line of the Southwest 1/4 of Section 1 o distance of 406.5E
feet to the West 1 /4 cornier of said Section 1, as she wn on said F.D.O.T.
r/w mo ; thence North 00' 28' 55 East along the Wesi line of the North—
west 1 of Section 1 o distance of 2584.03 feet;
13" East a distance of '118.00 fee; to the POINT OF BEGINNING; ence South $then'
North 00' 28' 55" East a distance , of 20.00 feet; thence South 89' 44'
13" East o distance of 1687,05 feet; thence South 00- 55' 35" West a
_distance of 2048-21 feet; thence North 530 28' Qg'' West a distance
of 64.90 feet; thence North 87' 24' 31 " yYe *'St. a dis disc ce
195.99 feet; thence South 20' 33' 47b West c distance of 59.21 feeof
t;
thence South 83' 51' 02" East o distance of 113.56 feet; thence South
05' 44' 44' East a distance of 240.73 feet to a point on the curved
right of way (r/w) line of State Rood No. 70 (140 foc t r/w), said curve
being concave Southeasterly, having a radios of 5799.58 i-eet; thence South—
westerly along the orc of said curve a distance of 20.1.0 feet, sold curve
being subtended by a chord bearing South 76, 14" 21 y West. 20.20 feet;
thence departing from said curved r/w line. North • 0r' 44' 44- West a
distance of 227.32 feet; thence North 83' 51' 02" West a distance of
123.13 feet; thence North 20' 33' 47" East a distance of 99.54 feet;
thence South 87' 24' 31. East a distance of 216.64 1 eet; thence South
53' ' 28' 09' East a distance of 32.08 feet.
a distance of 1989.06 feet; thence North 89, thence4, 3 West a distance East
1516.89 feet; thence continue North 89 44 13 West o .distance of 150.00
feet to the POINT OF BEGINNING_
Containing an area of 87.652 square feet, or 2.01 acres more -or less.
&OVA MobW - W--Lfd ay-M
Wtiiam B. Zentz & Associates, inc.
COMM Len� ssr„ey Sarv�ces .
OF AUROMA11ft 0M) ,b, 6a4o
953 Old pixie Highway, Suite B-4
1/ero Seoch. F1 32960
Phone: (561) 567-7552
Fax : (561) 567-17S1
SEE SH �_ET
FOR CERTFICATION
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(TO SA$ORDINATION, NONDISTURSANCE
AV!? ATTORNMENT AGREEMENT-)
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COPY OF THE UNDERLYING DEED
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dated November 9, 1976. and eve mrded In Official
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After printing this label:
1. Use the 'Print' button on this page to print your label to your laser or inkjet printer.
2. Fold the printed page along the horizontal line.
3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned.
Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in
additional billing charges, along with the cancellation of your FedEx account number.
Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not
be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdeliveryor misinformation,
unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx
Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit,
attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the
authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry,
precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current
FedEx Service Guide.
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8/17/2021
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2. The Return Shipment instructions, which provide your recipient with information on the returns process, will be printed with the label(s).
3. After printing, select your next step by clicking one of the displayed buttons.
Note:To review or print individual labels, select the Label button under each label image above.
Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible
for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher
value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover
from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorneys fees, costs, and other forms of damage whether
direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented
Ioss.Maximum for items of extraordinary value is $500, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written
claims must be filed within strict time limits, see current FedEx Service Guide.
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8/17/2021
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Return Shipment Instructions T
FedEx Ship Manager - Print Your Labels)
Return Shipment Instructions
1. Place the shipping label on the container's most visible side away from seams.
2.Shlp your package one of three ways:
Use your regular scheduled pickup.
Drop off at FedEx. Find your closest Iocallon at fedex.com/locate or by calling 1.800.GoFedEx 1.800.463.3339
Schedule a pickup. No account number required but label Information may be needed. Go to
fedex.com/returnpickup for FedEx Ground labels with "G" or "PRP" or call 1.800.GoFedEx 1.800A63.3339 and say:
o 'Return Manager" cr °PRP" for FedEx Ground labels with "G" or "PRP"
o "Express Return" for FedEx Express labels with "E" ar "Billable Stamp"
Prepare Your Package With Care.
Use an appropriate container, cushioning materials and at least three strips of packing tape.
If reusing packaging, remove or black out old shipping labels Including their barcode(s)_
Special Instructions from the merchant:
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