HomeMy WebLinkAboutASSIGNMENT OF LEASE AGREEMENTCOA
Market: Ft. Lauderdale - 5(;HNNED i�7��
Site No.: FL1573A BY � 3A
Site Name: E Rt. 70/St. Lucie
St. Lucie County 6L*0jsa-7z3
This Assignment of Lease Agreement ("Agreement") is made and entered into this 16 fZ
day of ?uiu6 199.X to be effective as of the L day of-19LO.. 199,9"by and between
NEXTEL SOUTH CORP., a Georgia Corporation with an office at 851 Trafalgar Court, Suite
300E, Maitland, Florida 32751 ("Assignor") and OPM-USA, a division of American Tower
Systems, L.P., a Delaware limited partnership by ATSC G.P., Inc., a Delaware corporation, its
General Partner, with an office at 325 Interstate Boulevard, Sarasota, Florida 34240
("Assignee").
WHEREAS, on January 19, 1998, ADAMS RANCH, INC., ("Adams Ranch") entered
into that certain Communications Site Lease Agreement (Ground) dated January 19, 1998,
attached hereto as Exhibit A, as subsequently modified and amended by that certain Amendment
To Communications Site Lease Agreement (Ground) dated January 19, 1998, hereinafter
collectively referred to as the "Lease") pertaining to the lease of approximately Ten Thousand
(10,000) square feet of land located in the County of St. Lucie, State of Florida, commonly
known as 27000 Okeechobee Road, Ft. Pierce, Florida 34945, all as more particularly described
in Exhibit "B" to the Lease and Exlnbit "A" to the Amendment to the Lease (the "Premises");
and
WHEREAS, the parties desire that Assignor's interest in the Lease be assigned to
Assignee and that Assignee assume Assignor's obligations under the Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties, intending to be legally bound, agree as follows:
1. The recitals set forth above are true and correct and made a material,part hereof.
2. All capitalized terns used herein, and not otherwise expressly defined, shall have the
meanings given to such terms in the Lease.
3. Assignor warrants and represents to Assignee with respect to the Lease as follows:
(a) Assignor is in sole possession of the Premises and has not subleased all or any
part of the Premises or assigned the Lease or otherwise transferred its interest in
the Lease or the Premises to any other party.
(b) A true and correct copy of the Lease, together with all attachments, exhibits,
addenda and amendments thereto is attached hereto as Exhibit "I", and constitutes
the entire lease agreement between ADAMS RANCH INC, and NEXTEL
SOUTH CORP. The Lease has not been amended, modified or changed, whether
in writing or orally, except as stated in the copy of the Lease and the Amendment
attached hereto.
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Market: Ft. Lauderdale
SiteNo.: FL1573A
Site Name: E Rt. 70/St. Lucie
(c) The expiration date of the Lease Term is as stated in the Lease. Assignor has
not exercised any options or rights to renew, extend, amend, modify or change the
Term of the Lease, except as may be stated in the copy of the Lease attached.
(d) Assignor is a Georgia Corporation, in good standing, and all requisite acts
have been taken by the Assignor as required to authorize the individual signing
below to execute and deliver this Agreement on behalf of Assignor.
(e) This Agreement is valid and binding upon Assignor and enforceable in
accordance with the provisions hereof.
(f) This Agreement shall be governed by the laws of the State of Florida.
4. For fair and adequate consideration received, Assignor hereby assigns, sells,
transfers and sets over unto. Assignee all of the right, title and interest of
Assignor in, to and under the Lease, with such transfer and assignment to become
effective as of —Ib"— 164 , 199—Me "Effective Date").
5. Notwithstanding this is a complete assignment and transfer of Assignor's right,
title and interest in the Lease, and notwithstanding the Lease contains options to
renew the tern or to lease additional space, in consideration of this Agreement
and Assignor's continuing liability and obligation to Lessor under the terms and
conditions of the said Lease, Assignee, jointly and severally, hereby covenants
and agrees with Assignor that Assignee will not surrender or abandon the
Premises, enter into any assignments or subleases of the Lease, agree to any
modification or change of any of the terms and conditions of the said Lease, agree
to any extension of the term of the said Lease, or lease additional space without
Assignor's prior written consent and approval, which Assignor may, in its sole
and absolute discretion, withhold such consent and approval. Assignee hereby
agrees and covenants with Assignor to provide Assignor with copies of any and
all notices or other communication from Assignee to the Lessor or from the
Lessor to the Assignee relating to the Lease, this Agreement or any other term and
condition of the said Lease.
6. Assignee, jointly and severally, agrees to and does hereby assume each
and every obligation of the Assignor as Lessee under the Lease which arises or
accrues on or after the Effective Date and hereby agrees to indemnify and hold
Assignor harmless with respect thereto. In the event that the Lessor under the
Lease notifies Assignee of any deficit or excess with respect to the operating
expenses under the Lease relating to time periods prior to the Effective Date, such
amount shall be the responsibility of and shall be paid by Assignor in the case of
deficits, or in the case of excesses, shall be paid by Assignee to Assignor.
7. In addition to the acts and deeds recited in this Agreement and contemplated to
be performed, executed and/or delivered under this Agreement, Assignor and
Assignee agree to perform, execute and/or deliver or cause to be delivered,
executed and/or delivered all further deeds and assurance reasonably necessary to
consummate the transaction contemplated hereby.
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Market: Ft. Lauderdale
SiteNo.: FLI573A
Site Name; E Rt. 70/St. Lucie
8. The Assignor shall not be liable for any damage or injury to any person or
property whether it be persons or property of the Assignee, the Assignee's
employees, agents, guests, invitees, or otherwise by reason of Assignee's
occupancy of the Premises or because of fire, flood, windstorm, acts of God or for
any reason beyond Assignor's control. Assignee, jointly and severally, agrees to,
and hereby does, indemnify and save harmless Assignor from and against any and
all loss, damage, claim, demand, liability or expense by reason of damage or
injury to persons or property which may arise or be claimed to have arisen due to
Assignee's breach or failure to promptly and timely to comply with all terms and
conditions of the Lease or as a result of Assignee's occupancy or use of the
Premises by the Assignee or by reason thereof or in connection therewith, or in
any way arising on account of any injury or damage caused to any persons or
property on or in the Premises, or arising out of or in connection with this Lease
of the Premises including reasonable attorneys' fees and costs, through all
appellate actions and proceedings.
9. This Agreement may be executed in several counterparts, each of which shall
be effective as an original, all nonetheless constituting but one and the same
agreement.
IN WITNESS WHEREbF, the parties hereto have caused this Agreement to be executed
and delivered in the manner required by law as of the day and year first above written.
Signed, sealed and delivered
in the presence o,9,7 ,
Witness
Print Name:
Witness j/
Print N &?ZVJ � 71�
ASSIGNOR:
NEXTEL SOUTH CORP., a Georgia
Corporation ! /
By:)((/3 L
Print Name: MOMS SS QAJR,ntsoc J
Title: RAWA 49& Atzv41- &Cfo61'
Exe,c}�ted on L6 day ofy1
199ZS
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
HASite}levU. %1573As d= Page 3 4/9/98
Market: Ft Lauderdale
SiteNo.: FL1573A
Site Name: E Rt. 70/St. Lucie
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was subscribed and acknowledged before me this 14 day of
Scw, .i , 19t by T. as r(--gc-z-. Pco%
of NEXTEL SOUTH CORP., a Georgia Corporation, who is personally known to me, or who
has produced as r en cation Land did (did
not) take an oath.
WITNESS my hand and official seal.
OEBRA MOROAN
Print Name g�wm.
+d+r. as, a000
OF iLPP
My Commission Expires:
Signed, sealed and delivered
in the presence of:
"Witness ryry.. -- //�� /
Prin Name: ,, LeJu E k Ut" on/
1 ess
rintN e:T.L- tPeAusan
ASSIGNEE:
OPM-USA, a division of American
Tower Systems, L.P., a Delaware
limited partnership by ATSC G.P.,
Inc., a Delaware corporation, its
General Partner.
By:
Print Name:
Title: J , 7
Executed on It day of ►^�
199�
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
HASiq-D"\ eMft\J5AA=.,bc
Page 4
4/9198
Market: Ft Lauderdale
SiteNo.: FL1573A
Site Name: E Rt 70/St. Lucie
STATE OF FLORIDA
llipi foregoing instrument was subscribed and cka_gwr, of a tX EIC day of
199 b K , a Iv, bf 7 ` en Tower Systems,
L.P., a elaware limited partnersitip by ATSC G.P., Inc., a Delaware corporation, its General
Partner, who is personally known to me, or who has produced
as identification and who dida not) take an oath.
WITNESS my hand and official seal.
I�i..n
My Commission Expires: ! L • v3- &2
Page 5
v
4/9/98
oz
�'J •xi ci.J
FL - 67-�,-19
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AGREEMENT ASSIGNMENT AND ASSUMPTION OF GROUND LEASE
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this [6-1 day of 'SIN", 1998 by and between NEXTEL
SOUTH CORP, a Georgia corporation, qualified to do business in the State of Florida, d/b/a/ Nextel Wireless
Communications,("Assignor"), and OPM - USA , a Division of American Tower Systems, L.P., a Delaware
limited partnership, with an office at 325 Interstate Boulelvard, Sarasota, FL 34240 (hereinafter referred to as
"Assignee'), and Adams Ranch, Inc., (collectively, "Landlord").
1. Assignor and Landlord entered into a Communications Site Lease Agreement (Ground)
("Agreement") on the 19th day of January, 1998, for the purpose of installing, operating and
maintaining a radio communications facility and other improvements. All of the foregoing are set
forth in the Agreement.
2. Assignor has granted all of their right, title and interest in the Agreement to Assignee as of the lt#
day of�1998.
Ti kt 1%,1998
3. The tent of the Agreement is for five (5) years commencing on Y("Commencement Date') and
terminating on the 8tth anniversary of the Commencement Date (the "Term") unless otherwise
terminated as provided in Paragraph 10 with four (4) successive five (5) year options to renew.
4. The land which is the subject of the Agreement is described in Exhibit "A" annexed hereto.
The portion of the land being leased to Assignee (the "Premises') is described in Exhibit "B"
annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day
and year first above written.
Print Name
ASSIGNOR
NEXTEL SOUTH CORP,
a Georgia corporation
d/b/a Nextel Wireless Communications
Signature
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Title
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OR BOOK 1161 PAGE 0317
Signed, sealed and delivered in the presence of.
Witness
Print Name:
Witness
Print Name:
STATE OF FLORIDA
COUNTY OF ky - --
T foregoing instrumevnt was acknowledged before me this day of
J Ilan 0 1998, by Thomas L Gawronski, as Florida Area President of Neatel
South Corp., a Georgia corporation, who is versonally-Immm to me or who has produced
as identification and who did (did not) take an oath.
`WTINESS my hand and official seal
Notary Public T
Print Name +e'01 ?vote UGjaRAMOR°Mro7aa
r MYbeMWON *a
as
My commission exp `* ®wI+' Mar �' Qaoo
r,%0i M1
Signed in the presence of two witnesses:
.CF-
41a e
l 6uc, K C &od
m
Irl
Print Name
O
ign tre
}4
I�
Print Name
Ti
H
Y
STATE OF
COUNTY OF
ASSSIGNEE
OPM-USA, a Division of
American Tower Systems L.P.
By: ATSC:;s , iQQr�neralP n
Signature]] I1(
David J. Pedwell
(print name signed above)
Address: 325 Interstate Boulevard
Sarasota, FL 34240
The foregoing instrument was acknowledged before me this _ day of , 1998, by
who is personally known to me or has produced as identification.
My Commission expires:
Notary Public —State of Florida
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this ay of� 1998, by David J. Pedwell,
Vice President of ATSC GP, Inc., General Partner, who is personally kno a or has
produced as identification.
My Commission expires: IZ• 23• L1�__
o P blic — State of Florida
it, JAIME PATTENSOM
MY comman /
o0
ERNS: oxemer 2
90ed0ThMN*MFUb Unn
M9GDM6
61
N
EXHIBIT A
to the Agreement dated -TVM`r' 1 6-d 199 r by and between OPM-USA, a Division of American Tower Systems, L.P., a
Delaware limited partnership, Assignee, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Assignor.
The Land is described and/or depicted as follows:
DESCRIPTION OF LAND
6
EXIT MIT H
t�ar�.ttntn Moab 90
to the Agreement dated ,',RIt•/� 1 b 41
, 199�, by aatl'6Clav8efl O1A, a Division of American Tower Systems, L.P., a Delaware
limited partnership, as Assignee, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications, as Assignor.
DESCRIPTION OF PREMISES ,
The Premises are described and/or depicted as follows:
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