HomeMy WebLinkAboutMEMORANDUM OF AGREEMENTJOSEPH E. SMITH, CM, -'1F THE CIRCUIT COURT — SAINT LUCIE CO,,''
' FILE N 3346225 OR 1. '3090 PAGE 1424, Recorded 05/18/2009,L2:36 PM
Prepared By and Returned To:
Geneve DuBois, Esq.
Holland & Knight LLP
One East Brassard Boulevard, Suite 1300
P.O. Box 14070
Fort Lauderdale, Florida 33301
ST. LUCIE COUNTY
Lessor Site I D : Midway Road. FL5100
Lessee Site 1 D , ATC Midway Road, No. 62005
SCANNED
BY
St. Lucie Countv
MEMORANDUM OF AGREEMENT
j
This Memorandum of Agreement ("Memorandum") is entered into on this S
day of Mr 2009, by and between American Towers, Inc., a Delaware
corp0 n, -with a 0 Presidential Way, Woburn, MA 01801 (hereinafter
Ed to Lessor' and V n Wi ess Person m 'cano s I{Ird/b71
1. Less r (As successor
of a certain Dbrtidn of real or
rer System h is the
aed in Atta h eot "B.
parcel of ro erty
evt'dEtrcedthat certain u�deg AgmeilL eeTr<te Real Estate ��epte atwlfitber
27, 1996, as amended, by and between Lessor, as lessee thereunder, and Magnum
Northeast Properties, Ltd., as lessor thereunder ("Prime Lease"). The initial term of the
Prime Lease is twenty-five (25) years and the term is automatically renewed for three (3)
successive five (5) year periods.
2. Lessor and Lessee entered into an Amended and Restated Lease
Supplement dated Fr S , 2009 (the "Agreement") for the purpose of
installing, operating, and maintaining telecommunications equipment and other
improvements on a portion of the Premises. All of the foregoing we set forth in the
OR BOOK 3090 PAGE ''-5
3. The term of the Agreement is for ten (10) years commencing on January 1,
2007.
4. The Agreement shall automatically be extended for three (3) additional
five (5) year terms unless Lessee notifies Lessor in writing at least 6 months prior to the
end of the then current term that Lessee elects not to renew the Agreement.
licensed to-Nssse4 is desc}ibet( and/or
utilities 9 4mpdq in the A jerTt (Tc may
chment "C").
6. Ap oA znk copy of tl4 Adreeme4t is oea ed in the offices of Le; sor and
7. The purpose oTfhis Memorandum is to give record notice- of the
Agreement and of the rights created thereby, all of which are hereby confirmed. In the
event of a conflict between the terns of this Memorandum and the terns of the
Agreement, the terns of the Agreement shall prevail.
S. Notwithstanding anything herein, Lessee's rights under the Agreement to
use the premises shall terminate when the Prime Lease terminates.
OR BOOK 3090 PAGE '�`t6
IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum
as of the date first written above.
WITNESSES:
WITNESSES:
LESSOR:
AMERICAN TOWERS, INC, a
LESSEE:
VERIZON WIRELESS PERSONAL
COMMUNI TIONS L
d/b/a Ve✓r iii o W rel s
By.
Print Name: Hans F. Leutenegger
Title: Area Vice President Network
OR BOOK 3090 PAGE '-7
State of /ltc a a
County of
This instrument was acknowledged before me by who is the
�7Ji.cl>t�G�A.rra c , a Duly Authorized Individual, of American Towers,
Inc. a corpomu'oyrpers�nelly hose
roved loJyl:_O�t the ba
tisfactory evtde oel t e the verso hose ems is subscrib to a with; in ent
that by hik0tdir.
d. executed the
NOTARYSEAL
State of North Carolina
County of Mecklenburg
on the
My commission expires:
is
eless, a uetaw
basis of satisf
tin instrument
table tp, persoLI'lilknown o e (or p�ovnce) to be the p e n e is subIg te/he a uted the sanby asignsn the instrument, the
WITNESS my hand and official seal, this 1_ day of
LYNNE CARLISLE Signature
Notary Public, North Carolina
Mecklenburg County My My COMM[Wlon Expires commison expires:
March 20, 2011
NOTARYSEAL
To
on
the
his/her
i upon
2009.
OR BOOK 3090 PAGE , -"58
ATTACHMENT "A"
Land
sor Site I.D.- Mi va o FL5100
s ite . • AT Mi e 2 D
Section 6, Township 36 South, Range 40 East, located In St. Lucie County.
0 D
)y
(C(o E
OR BOOK 3090 PAGE '--29
ATTACHMENT "B"
Premises
Leswr Site 1 D , Midway Road FL5100
Lessee Site I.D.- ATC Midway Road, No. 62005
COTPAWY S SUB SION of NW J4 of
wr c rded in PIN Book 4, P ge 74,
All yin within Sr. Lucie Counry, FI
OR HOOK 3090 PAGE -" 130
ATTACHMENT "C"
Site Layout Plan
Lessor Site LD., Midwav Road FL5100
Lessee Site I D , ATC Midwav Road, No 62005
0
z
x
Y