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HomeMy WebLinkAboutPROJECT INFORMATIONE Prepared by and Return to. Return To: ORSITE Attn: Kelli Hendricks 17330 Preston Road, Ste. 150A Dallas, TX 75252 -SCANNED BY St. Lucie County (Recorder's Use Above this Line) JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY HLE # 3335552 OW032oo0 at 04 31 PM OR BOCK 3124 PACE 176-1e8 Dw TY AGR RECORDING. $112.00 STATE OF FLORIDA Premises Parcel No.: COUNTY OF ST. LUCIE 3406-501-0040-00015 AND 3406-600-0011-00017 EASEMENT AGREEMENT This Easement Agreement ("Agreement') dated as of -'13W1- 2001, by and between Hydrocarbon Recovery Services, Inc., a Delaware corporation ("Gmntoe') and American Towers Inc., a Delaware corporation ("Grantee"). 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. AGREEMENTS 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, ages s, successors moreparticularlydescribed on Attachment "B" hereto; -and (ii) aperpetual;;ion-exclusive easement inand-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 Numbs. $100 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 binding 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 ran 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 temunation 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 Granteeandits 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 reeulations. must construct a fence amend all nr marl of fhe Fre7neiv Fnc�+ o..A shall have.the righttoproiubit� gone includingSarantorfrom enT<y into such.Exclusiv-Easement - Access=and Utility=Easement he Access and Utility-Easement-shante 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 manner prevent access to, and use of, the Access and Utility Easement by Grantee or . - Site Number. 5100 Site Nerve: 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. Eeninment 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, including 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. Assienment 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 Agreements. (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 ejeodon 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 priof to the date of this Agreement such as roll -back or greenbelt assessments) if Grantor .fumishes 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 maAer.tract of which it 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) Gmntorwill-comply; with -all enviromnental,-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 alll 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 SiteNumbcr. 5100 SiteNa 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 manner 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. Mortgagees' Continuation Rights and Notice and Cure. Grantor consents to the granting by Grantee of alien 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 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 Numbs: 51ee Site Name: Midway Road To Grantee: American Towers Inc. c/o American Tower 10 Presidential Way Wobum, MA 01801 Attention: Land Management HydrocarbonTo Grantor. Recovery Services, Inc. rI_. .L•. ir. N W. ,n.� ■ D. A W,I... 1�aRRj 14. Force Maieure. 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. is. Recordine. 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. Cautions and Headings. 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 pursuant 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. Counteparts. 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. S.everability. 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, roles 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 aground 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-foran-extended term.of99years,-or as-iong-as permitted by applicable -law. Z i. Arrornevs Pees. u mere IS any Legal acuon.or proceeamg 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 shalt be included in and as apart of such judgment Sine Number: 5100 Sia,Name: Midway Road 22. Entire Understanding 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 understanding 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., Zoning. 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 Against Fememities. 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. Assignment of Ground Lease.. The parties hereby recognize and agree that the Premises is. currently subj ect to that certain Site tease 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, Attomey=In=Fact-Grantorshall-cooperate-with-Grantee-in-executing-any-documents ecessary-toprotearGrantee%-nghtslmder-this-Agreemmt=or=Grantee's=use=ofthe=Easements=and to ake=suc7i action=as=Grantee-.ma-reasonabl require- to=effect the-intentof-this-Agreement-Grantorhereb irrevocably - -- appoints Grantee as Grantor attomey=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. Option for Additional Ground Space. Grantor grants to Grantee an irrevocable option for NINETY-NINE (99) PEARS after the Effective Date, and for no additional consideration, to expand the Exclusive Easement to include an Site Nmaber.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'D. Grantor hereby agrees to give Grantee no less than 30 days prior notice prior to entering into a lease of other use or occupancy agreement pertaining to any portion of the Premises. Daring 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. Buyer agrees to relocate Seller's access gate to the South if the Option for Additional Ground Space is exercised 28. Survey. 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 farther 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) IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal as of the day and year set forth below. GRANTOR - WITNESSES: Hydrocarbon Recovery Services, Inc. a Dela✓ r�ppr� .'pn EYAV �t✓NG /. t4 L'q2 gnatme l Its: EV P e CM- Print Name: I N-A...... • ,r. Acknowledgment GRANTOR STATE OF ;-fe L ) ) ss: COUNTY OF 4&fTjr, On before me, adAll14Cet? y ij. lou 5wri. personally (heM insert name and title of the Nott&y Public) appeared 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) istare 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. WITNESS my d and offi 'al seal. Si attire: gn . pe�raw, CHERYL SLONE Notary Public � ,1`n�s Notary PublLc — �{, Sr3t8-4i_TBxa$- - .MvCnmmicc:n.._Fvn...ec'�•Y `!.'fi re�lyrCommlSSion.Exnirec _ ,: ¢,, z. _ [e);7M MIA Hydrocarbon Recovery Se vices, Inc. a Dela a co n on EY Frith - C Its:. E✓R < 6j" Date: WITNESSES: JAJ Si tore J� I Print Name:_ N 1 _ l!. �• l7Pl� . • � • Acknowledgment GRANTOR STATE OF 1, � ` ) COUNTY OF 1 6 5 ) ss: before me, _ QAt1) S �OY12tS�✓01JL Sbl Pi • , personally (he�ii insert name and title ofthe Notary riblic) appeared personally known to me (or proved to me on Name(s).ofDooumentSigner(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. WITNESS my band and official seal. Signature: Notary Public My Commission Expires: A* CHERYL SLONE 3�? �{�Q�jry Public, State of Texas �`• '%Ommission Expires, March 20, 2012 Site Number: 5100 Site Name: Midway Road GRANTEE: American Towe In a Delaware co oratio 4— By: Jason h Its: Vice esi ut,LandManagement WITNESSES: Acknowledgement GRANTEE COMMONWEALTH OF MASSACHUSETTS COUNTY OF MDIDLESEX On this the aD day of� 200_1, before me, IL1 W�aI�/ �Gt�Jv�J the undersigned Notary Public peisonhlly 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, ofAmerican Towers Inc., a Delaware limited liability company. WI <my! dad 'al s � RICHARD P. PALERMO NotaryPublic -Notary Public Commonwealth of MassachusettsMyCommission Expires: 2 - is tyCommstion eaui Nl09 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) SiteNumbo: 5100 Sim Namc Midway Rued 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. of ar a r y o0 [ 43 MILLMAN SUNVEYING.aG �vwsrei�.we� ti mw NO, Sri; feli�t;ri� r(i� .v i JiEj i(1 ipF fF a�6 R t H 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.