HomeMy WebLinkAboutLEASE AGREEMENTRECEIVED MW 02 2017
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LEASE AGREENM Lucie County
SITE: Ca27.319
THIS LEASE AOREEMEd1' ("T "). is made in of this
z TIS- , day of Bair' L , 02" by and
between AERO COMMUNICATIONS, INC. ('Owner'), and
P1t1MEC0 PERSONAL COMMUNICATIONS, L[MII'ED
PARTNER.SMP. a Delaware I®rdpamaship ('PrmreCd"),
In crosiderdm of the premises and of the smmml obligations and
agerowns mthis ins, the parties agree asfellows
1. OWNER'S PROPERTY. Owner apt®mm and
vrarracts that Owner fro the thte holder of that certain real property
and the impmtmmb thriven commonly Gnaw ®afEbl3SWA
aeSta$-� of PL Pierrq Canty of St. hide, Sane of Florida
('Owner's Prupety-) deambed m the attached Exhibit "A'. The
parties agtm that the legal desaiptim of Owner's Property may be
marhad by PrimcCo as part of Exhibit -A" Ala execution, of this
I-
L LEASE OF PORTION OF OWNERS PROPERTY;
PASEbIPNTS ACROSS OWNER'S PROPERTY. Owner
hereby Irmo and to PrimeCo a portion ofOwnees Property
asfollowa
Eairrmg S(mmnr
❑ Buddies exterior pram faith mart ofaaennis
® Building exterior puce for equipment of appmsncady
square fed
❑ Building interior quo for placement of equipment of
vp--.'idy K—feet
® TowQ mt—,- Tace from 2W fed above grand level
to 2W fear above wound lewd
® Space required for cable tiers ter coined equipment and
antenna;
Rmrfmnd
❑ Real property comprised! ofapprm®aely sxV=fed
ofland
iv fhe loraima shoves m Eathrbt'B', and Owner grants apt amvrys
to PtimeCo nmarhadve cmemmms era® the Owuds Pmpaty
including, wthaa Incitation. the aprovmmta therein for (i)
",aide ao>® thereto and padoag therein seven (7) days a
wade, twtmy{era (24) hone a day and (d) ivaagarim, locum,
operation and maintenance of able ems and mBties including.
withota fnctgim, telephone and electric htiihies (the portion of
Owner. Property leered to PsmrcCo and the aeo®, able ran and
I&y eas s being ocfec iwly rdered to herein as the'Ieasad
P+epesyr Owner and PrimeCo agree that the Leased Property
including. wthag Emitatdera, the aee.s, cable run and utility
mocomms, may be surveyed by a licensed auveym and/or sham no
emehurtim dmwmp prepared by a Homsd mgaea. ar Prim"s
erpmve Such mrvey and/or construction druwags shall than
replace Exhibit'B' and become a part heed and shall affiol the
deaxiptim dthe I®d Property E e disvcpancy verge between the
deamptim contained in this Paragraph 2 and the aaves' andlor
cm.Nuaim dhawmgs
(MILmM)
7. USE OF THE LEASED PROPERTY. Prim.C. and
Ea sublesxes and/or E®eco may eve the Leased Property for my
lawful pmpme adud'm& wthoa lnchaioo, the m8alla4m.
remesal, Wig, repair, replacemml. maiamance and oper-�m d
c®mmicarinss fndl3fes which may include peremal
communiatims Mroia. cellular, pagie& radio. table, and other
communications, facilities prised of, without limitation a scam
aemya, didrm, cables, wine, a uipmmi shrhers, buildings,
dectrmics epripmest, gmaaori fang utility trmdormora and
Ines, cable nuns, grounding sytenat, aecenauia and. if the Leimf
Property com—hmmgnoved road property, c®micatimstawcs,
211 as may be modified, added Ica or o•uaine".1 frm time to time.
Funher, during the Feasibility Period, as hereinafter defined, and
tbrmgmtt the lmse teen, as may be Worded. PrimeCo and its
sthleyore and/or Gmaca snag have the right to conduct Femhblty
Teas on the Iasd property and Owners Property.
4. FEASIBILITY PERIOD. Frmthodaethathial.rase
has been execmed by bah Owes and PrimoCor ('Exicarim Dad)
o>ml the date thin PrimeCo m®m® m.4nllntim of Pr®eCdo
eormemiomiin faalhice in the Iasd Property ('Co®mcrmmi
Dare) (such period from the Execution Data to the Co mencmem
Dare being referred to herein as the'Feara-bility Period'). PrmoeCo,
he agents and centraaera shaft haw the right to eofer uPm the
Owners Property to cendud twice and do&. (mllec ively,
'Feasibility Togs'), a PrimcCd's eapm , to determine the
mhabilay of the focused Property for Prim"s ca®ieyim
facilities and mmded use The Feavbilhy Tots may mdude,
within Incaution, suwya, sell teats, envira maaal assessmmte
and radio waw propagation mevvhrmehta In amvderatim of
OwnagminmgPaimnC theri&toomdud FeanbiltyTenadmiag
the Feasibility Period. Primeco agree, to pay Owner the son done
Hundred DoRam($100.00) within thuty(30) days ofthe Exertion
Daze I PrmaCo dCc»ma®, a PrimeCo's dole and ebeohty
discretion, that the Leased Property is not mhabie for RimeCos
co®micatiore faalhies or atmdM use after conducting my of
such Feasbila' y Teas, R®eCo drall haw the right totat this
lease in accordance with the pmvisime ofParagraph & During the
Feasibility Period. the pmvisima of this Ices tuft be in wed
except that the leas time and obligation to pay rent shall not bow
cn®enced
TERM; AND EXTENSIONS.
A Initial Term. This lease stall be for an ivnial
tam offive (5) yours beginning on the Co®mo®mt Dae,
B. Fxtensina P imeCo dull haw the n& to
earendthetam dtho Lease on the some tams and conditions (ceher
than the annual rem which soft a ,e- in accordance with the
provisima o(Paagaph 6) fit fear (4) additional, z-- w fiw (5)
your extmvm paiod(s) after the initial term expeeo. Thin Lease
dug ammatidly be Wmdd for the next stoce®w exteudm
period rod the end of the thenamrrm room unleas PrimeCo give
Owner wrhlm ounce of Prme"s atentim net to exleadthis Lease
bdaethe cad dthethmutrmtterm
C Cmtauatim After Expiration of Fidmeim
Periada Ithis Ins is in effect immediately prior to the expiration
of the lag rMmgm period provided for balm, this leave droll
continue in effect upon the some terms and cmdtima (other than
annual rota whit rhall eacalae in amordance with the provisioner of
Paragraph 6) for a fimber period of me (1) year. and for additional
ono (1) yearporids Otnm8er, until and enle, tnmmmal by caber
1tmy by ghvmgthe Ohm party a Ina artery (90) days pnor miam
amino ef its intention to so terhffiae
6. "Nr. Rem sW be paid manually m edwace
beginaiog on the Canmenoemmt Date and m erh aunivenaY
thereof w Ocmer a the address sd forth for ndicev, in Paragratb 23
or to sub ohm address as; Owner may advise PrineCo, in writing
pavuad to the notice provisions of Paragraph 23 a Last sixty (60)
days prior en my rent paymem date.. The annual rent shall be
Ei,neeo ha—d Dulles (SIS,000.00), iartial years proud
Within thirty (30) drya of the date that Pr=w o ommmcs
rtdallatim of RfineCo's cammttaicmimn facilities m the Leased
Property, PrfineCo shall notify Owner, or wring of the date
PrimeCc, o®m¢daorh inaallsdo, The annual renfor each and
ncyextension Period provided in Paragraph 5.8, sba0 be the mnoal
rate in effea for the fmai yera of the Prior teren or etensim period,
as applicable, maeaaed by byway pmead (20Y.). If, Am the
expmatim of ad esuernfm periods provided in Pangcath S.H., this
Lease enotrtus rt effect Pmatmt m the Provisions if Pmagapb
5.C, the annual rout shah be an atnant equal to the annual senot in
aids fathe ®edimelYPreccdinS—(1) y—peiod. iacevedby
fora pain (4%)- If this Irmo a te®mated for auy ream Ohm
than an a rash of an event of ddauh by AimaCo, Owner, v&hen
thirty (30) days of the date of tehnsio>bat, sball re®bnse, to
PrurseCo myprrpvdreA for the unusedpatim dthe Iaseterrn.
'/. APPROVALS; U1713.I• TES. PrmxCo, a PrimeCda
oipmae, shall be raponable far (f) obtammg all 6tmses, cenifi¢Tm
Peron, and other approvals regrmN by any federal, slap or local
governromnlm l or quasi-guvemmaual authority or landowner far
PruneCoS and its sub] ®ed mdfor licensed use of the Lased
Papery and/or operation of their respective cmmmicatime
tackier theram (collectively. 'Approvals) and (d) rtaaDmg aen
utifir; or upgrud'mg epd4ingwiMdes m the leased Property and
amp the Owams Property and paymgfor all tmlitis oms®ed by
Pr®do and its sablessoes w&or liomaas at the Lased Property.
Phoseca and m sub]. and/or licrosem dull either separne*
melee or iubmda all unhuen cresorted by Puna.Co road fts
raw. adlor licrosem Owner agrro to cooperate unth
PrimeCo and its subleses anNor Gcrosees in obt®ning and/or
mamtaming,anoeqmaewOwner,mrhApprovaKufilFlysm-vim
and easennT.. required for PrnneCd. and its subleosord and/orr
Iicrosee9 Proposed use, of the Leased Property =&m operation of
their rrPmftve fadltfne thaea, includ'mg, withaa
lion. the cencudan of all daamtents mgwcd fm sum
Approval; ublty, sari® and eamsnonts
S. TERMINATION. PrunrCo shall have the rift, to
termmae this Lease at anytime withal further liabilityherernder if
PmteCo ddenraos, is PrmcC&a rode and aboohte disaOiea, that
my me (1) ormorc ofthe follvxahgls oazadnngorhas oc=rert
A. Anorovals md/w Pasernerds Not Obtai abler
All Approvals andfor —na for Prinn a iutm led use cf, or
operation or construction of its eh®mictfine facilities an, the
Leased Property cans be obu ned; or
B. Armmvaia and/v F.a®v2s Candled Any
Approval anNor essem, fro PrimeCda fNmdsd the cot[ or
operation or construction of its onunmnfeenions faciltis on, the
Leased Property m canceled, wnhdrs% , teramhaed or denial or
expire or I.Pan, m
C. Ro-alloctfmr of Premaeocis The Federal
Caamnmicaims Cmumffim mango or reallomes the frequencies
a whim PnimeCu may apace ta.omtmimiCaima faciltis vddch
(H.lwow)
renders PrnneCda operation of ee o®ieYims fanTdfes on the
Leased Property obsolete; a
D. Oseraimsihmrafrtable. Pher C*opewim
of its eommmieaims faelates on the I.msd Property bee>ae
uoprafaableto Pr®eCoc. err
P. Ownership: Anthorny. Owner does nor have
legal err sufficient o mahq of the Leased Property or the authority
to ea'r iotothia least or
F. Bazadoru Maerialg The Ounces Property
contain, a Hazardous Material.. ddmd in Paragraph 14; or
O. Tale. The atmm of the title to the leased
Property is >n T +h�� or
B. Nmdisurbanoe Ayerumt. Paracce is
unable to obtain a non laturbanee agrees pursuad to Paealyaph
241L within thirty (30) days rfhimeCo'e inhialrequere for my such
naadiatmbanee agmmart; or
L Feanhli[y. Based on the ", of my
Feaabday Teats„ whdhm conducted prior to or aft t the
co urn ofthe te® ofthis Ieasq the Lined Property u not
suitable for Wins ds hdmdnd use or the operation or corumudim
ofits eommmictions fadlities; or
J. Tecnolomcal Reasrna PnmeCo no Imprr
desbs to operate its ® cations facilities m the Lamed
Property fm techuologfad resams fnclud'mg, without 1;-4.icn.
changes in equipment and syaen design or ,— Pattens or
obsol®etce
FrimeCu may t ,ere this Learn by giving Owum wrutm nodoo
thereof in acwdan¢with the provisions of Paragraph 23. If
PrraheCo elacla to taa®ate this Irene puhmham to this Paragath 8,
this Leass sball tie as of the doe sd lath in the aodca of
tamfnebon aunt by PhimeCo to Una. (Saner shag rdmbraee to
PrmteCo myp"paid rent parsons: to the provisions ofPaagrVh 6,
and all rights and obligations of 0ymer and PeimeCo arising alter the
date off®afm shall terninoe
9. ASSIGNMENT, SUBLEASE, LICENSE. PrhnoCo
shall havethe right In (h) assign this lease and/or (ii) sublease m&m
license all oranypo dim of the Iema1 Property, its coannuniesims
fimidns, and/or myimpravvem>amty mthe Leanedpnprety.
10. INDEMNIFICATION AND, INSURANCE
A. lademrificstim by PrirtxC'n, Subjent to Paragraphh
10E, 1'rfineCo hereby ages to indenardyy, and hold Ovmer and
Ounces parmere, affdfats, agmu and amloyesbmmd® firm and
against my and all h brltis, cinims demands actions, Ire.
damage, wdws, Penalties costs anNor agrmss mcM1Wrtg, wilhat
1®taim, reasonable attorneys fora and m9s rsubing front (t)
Primal mjury or property damage ariemg out Of the acts m
amssians of PdvocCo, is ageta ®Nor mployeet no the Leased
Property, accptiag haweya. such liabilities, chef . danmds,
notions t loose, damages, orders, pmahice, odds adNar eaperss as
noybe duets or h9uM solely bythe acts or mdssims ofOvwr, ds
eoployerr m agran; naVor (u) Prim"' bream of any covmmoa
orprovisims oftbis Lease to be observed or performed by PrioteCc,
sad failure to sae such breach after the o*21im of all applicable
naepniods
B, ladernificaion by O.,n Subject to Pangeaglt
10E., Ovmer, hereby agrees to fade®hfy and hold PrmheCo and
prmmC&, patvers a1151iatea >+Smb* and mplcyse harms® fire
and against my and all liabilities, dorm; demands, a timq kssss,
damage, odors. Pmakies. men, an&w aRma4 mchmdm& without
livmaaim, reasonable eltmeya fors and costa resulting from (1)
personal injury or property da cage arising as of the acts or
armor or Ovne, its .gaits and/or employees an the Owner's
ATerty c;(oqXfi2& haswevr, such liabilnim Aortas, d®ands
actions, Inca damages odes, pmaltita state and/or npmam as
maybe daeto or —surd solely by the a to ormrisaom d PrimeCo,
its mployees or agate, earlier (it) Ovaa's breach d my covmma
or pmvisima of this Lease to be observed or Perf®d by Ouster and
War,te core such breach aSer the expiration of art applicable core
periods..
C pmneCoi Pruneco shall carry
comprehensive gnerd liability iossuance with limits of liability
thereunder of sot lms then $I ®77ion combed angle Bart for
bodily injury soullorproperty damage together with mmderaemmt
fm contractual liability. Such inaaanm shall name Ovate as an
addsiuoal isuaedwithrevoatothe leamd Prgxdy. sh2U be famed
by a instance erapany mthaimd W do businen in the state in
vmich the leaned Property is located and shall provide thirty (30)
daysptiorwrirtm notice to Owner dmy, o cclIstion ofmchpolicy.
On or bdae the Coffimo®mt, Date. PnmeC- rhall deliver tc
Owner a certificate evidmciog thus such assurance is in affect, and,
tberm ter, PrimeCe abA deliver W Owner a rmewal catdicaw
evidm®g that such iwvaanm is in effect within tar (10) business
days dowser's tegoat for arch certificate Any insorum required
to be provided by PrzwCo under this Paragraph 10.0 stay be
provided bye blamka iavaanm policy covering the Leaned Property
and other properties of Prime-, provided such blanket insurance
policy counplice with all of the other rcqui emma dshis Ease with
respect to the type and mount ofinsmance required PrimeCo may
also fulfill its r,quir mints under this Paragaph 10.C. thrmgh a
progamdcd(mtranm, lfprnneCoelectsW9&_Mmrq Pr®eCo
shallfumisbLC nawithaldterg. i athaaxif-msurmmprogmu
is in effect that provides for the same, or greater, coverage than
spareddPrimeCohmen.
D. Ownds inrrm Ownor dull carry mcuprrhmave
general liability insurance with limits of liability thermndm ofnot
den thm $l million combined .ogle limb fir badly injury mdfor
prghaty damage, together with an mdora®ed for mmraCnol
liability. Such liability entrance shall name PrimeCo as an
additimal iosmed with respect W the Dwnde Property. m addition,
O,aner shall carryall -risk' hazed m>$ance on the irmprovemama
leavd W PsimeCo as pad of the Leased Property, v&b standard
coverage in an amain a least equal W the greater of the amount
required by my mortgagee holding a Lim m such irgrrovemmom; or
the rcplacmea cot of rich improversmte. All mtranm required
W be carried by Owner heander shall be ii m by an has rance
company amhoriwl W do business in the date in which the lead
Property is located and shall provide thirty (30) days prior wrium
notim W PuimeCo d my®cellmim d mypolicy. On orbeferethe
Cmmm neat Date, Osme shall deliver to R=eCo eestilim,
evidm®g that such insurartm is in effed, and, thereafter. Owner
shall deliver W ProneCo rmewa certificates evidencing that soon
in M is in effect Valhi¢ tar (10) busmras days Of PrimeWd
request for such certificates.
E Waiver of brocam Eachhsaadimranmpolicy
carried by or m behalf of Owner intamg the mpcov®mts
Comprising a portion of the Leasd Propeay or lowed m Owns.
Property and eachhamd ivarance policy cried by or m behalf of
PrmaeCo insuring PrimeCo4mmmmicaimsfacilities located on. the
Ie not Property shag provided standard edmdd coverage
including. with= limaatim, coverage against Iran by fire Each
such policy shag be vsraten W provide that the marmm copany,
uaaarcWA
waive all rigbra of recovery by way of subce&tim 4a it may have
against Oester ar PrismCo m mmeeim with my lee or damage
covered by such Policy Each party farther agree and hereby
release the other party with repeat W my claim (mchndmg a claim
fornegligmm)vhichrich partymayhmw against the otherpariy far
lass, damapp or dGructim of. or IiaWhy for damages, to, the
property dthe other summing dmmg the term dtbis I.ea asmay
be crusaded, and unusually covered under a fire ivaranm policy with
—,m&A coverage. Notwithstanding anything coa arced in this
Lease W the contrary, the provisicav, of this Paragraph l0E shall
ocaw
It. EVENT OF DEFAULT BY PRIMECO.
A Evert of Iydault The oaarrmm of soy am
(1) or ream of the fall-xmg events shall constitute an "Event of
Default- hemaderby Pri rwro
M The failure, by PrbneCo to make
my payment of rat or my other psymmt required to be made by
PrnneCo hereunder, as and vhm don, where such fmlara umturcu s
for aperiod ofthiny (30) days afla wridm trustee thereof is given by
Ownertoprim.ro.
01) ibefat7mebyPrimeCotoobserve
or perfecter my of the covmmts or PMAsims of this Ieaee W be
observed or performed by PiimeCo, other than as Twilled in
ParagraphlI.A(t).vhaesuchfaiimecmthm fmapaidofdmty
(30) days after tvrmmnoIIm theredis givm by Ownerto PrimeCc.
providal, havever, that d shag nor be an Event of Default by
PrimeCo, if PraueCo c®menow to erne suds failure within such
thirty(30) day period and thereafter diligently pronarrtes such aao
toowpletim
(fit) A voluntary err mvolmmay peilim in
bankruptcy is Sid by or a&'®t PrimeCo, or PrmmCo becomes
insolvent (meanie&ruble W pay its debts as they bade doe), or
Primer- make a transfer or conveyance in constructive or actual
fiord d eerStas W makes a genera arrmgmmt Or gmerul
assg mectfmthe bmebt doredircm
B. Remedies Upon, Eves, dOdah. If art Event
of Ddeuh by PrimeCo omen, in addition W any usher recondite
available to Ovmer a law or in equity, Owner shall have the ri9d W
tem*u" this Lease and erg rights of PrimeCo hereunder by giving
PrinxCowrirmnalicethercd Hwrcva.idm EvmtcfDc(mhby
PrrmeCo owns, Ovner shall our haw the rim, prier W the
to®atien dtiva Lease by a wet d mmpemt jmiss ictim, W rs -
eaetheLmadPropa yandlmremovepersonsorpropalyf,m the
Leased Property.
i�
It EVENT OF DEFAULT BY OWNER
A. Event of f3dauk The ocaptenm of my me
(1) or man of the fn0awmg ovens, sbnR mn9hme an 'Etmt of
D.fm h' heromda by Owner.
(i) The fmlure by Ovma to make my
payment required to be made by Oama haewdv. as and when due,
White such falne aanmu® fa a period of thity, (30) days after
written nmmthwoofis gives by Prizr C to Owns.
(e) The failure by Owens to A ate or
cause the elimination ofmy kdQference within the ten (10) daytime
periodprovidedin Paragraph 19.D.
(ie) The failure by Owns to observe
or perform my of the mumams or provisions of this Lease to be
observed or ptsfmmad by Owns,, other than as qa: ied in
Paragraphs 12A(i) or 12A(u), wbeno such failure awes for a
period of thirty (M) days after written notion thereof is given to
Ovmer, providcd,hwceatz, that it thnRnet be an Event ofUdauk by
Owner if Osarer cmuntnc s to cart such fatute wthm such thirty
(30) day period and thereafter diliarn ly pronecut- mdh one to
mapletim
(iv) If owner defauha or an aunt of ddauh
awns under my roatgagq deed of trot, my leaai ends whidh
Oswer holds title to my portion of Ownds Property, or my Other
s®'Lv—tribrans, and such defauk or eves of da'auh e@'ccrs
Prinu Co§ md/or its sublemcei and/or liomaed use of the Level
Property, or the operation of PrimoCols MWM its sumemeai and/or
lamed omammieatimafa ditiw on the[ aced Property.
(v) A voluntary or involuntary petition in
bauknptcyis filed by or against Owner, or Owns boomes insolvent
(aa mitsg unable wpay bi% her or its dolls as, they berme due), or
Owes make a treader or amveynnm;n conntudive or amanl fraud
of creditors or makes a general arrmgmueff or gintr4 amfp ca m
forth. bunt& of creditors.
B. R®eda llys Ikfivk. If an Event of
Ddanit by Owner oos, in addaimm any other remedies available
to PrinwCo a law or in ¢puny, PrmuCe droll have (i) the right to
terazinae this Lease and all ri&s of Owes heramder by giving
Owns written notion thsmf and/or (h) the rigla, but not the
obligation. to ate such ddailt and offs¢ agora my ram, or my
other amemm payable by RimeCo to Ownerpurmoun to this Liston,
or rmpere Owner to re®!moon in PrimcCo wthm tee (10) days of
ProreCo giving Orman wrttne notice thcr=4 the suss of anivg
apch ddash phis Mere! thenem a tun percent (IW.) per mnum
fie the doe sttda meta am incramd rani! the doe dreimbumemmt
or oBgL H Pr®.C. deda to terothae this I. pumrmt to this
Paragraph 12.H. Oswer shall reimbur cto PnmeCe my prepaid runt
penitent totheprovisime ofparagraph 6.
13. SALE OR TRANSFER BY OWNER Should Owns,
a my time dutmgtbx tam ofthis rase, as may be extended, teR,
lent, trends a otherwise omvey aR or my portion of 0.wda
Property to my trmdehm other than PrimeCo, such sale, leas%
trader or other waveymce shag be subjtd to this Leave and all of
Pr®eCo's righis heasm der.
li. HAZARDOUS SUBSTANCES. Owner rtprenmts and
warmms that () no potion ofthe Site cmnitutes preteded wedmd
or any inelm eavir®on0y critical area (e) no Ratardo �s
Subamms are lotted in. open or under the Site and (iu) no
ponoltum prcdltCs are now or (e the bet of Owner's knowledge)
have in the pat been stored (whdher in tanks or otherwise) on or
(MlvelM)
under the Site er on other lands rowed by Owner end iieediady
nett to the Sits, For ptup® of this provision, "Hnmdme
Substmots' mdudes any anblmm idmtifiad m hamdms, taoie, or
dangerous in my applicable federal, Mate, or local law or ngyilatim
Owmw and PrimeCo each ruprmert and covmmt to the aher that
neither will cause cadammaim of the Site by my Haasdmi,
Suicfmoe brought in or upm the Site or on 4, ?ands Each
party to .this agtcmenl agree to inde®ify and hold the other
harmless from my case, liabildy or expense (mdtdmg Without
limitation, cot of demup or fine% reasonable alorney fun, and
court or incurred by the ohs on amount
domtauninatim ofthe Ste by any bazar our SubMmae
15. CONDEMNATION.
A. Entire Cmdermatla to the event the whole of
Ownees prryaty. including without 1®itaion, the Fried Property,
shall be taken or cmdentned, ells parnimenlly or fm a period of
mare than thity (30) days, for public ptnpows, or mid to a
conditioning authaty under threw of coode®aim to precmt
taking this Lave shaD amt>anticany tommae as ofthe day d the
taking cmde®atim or We.
B. Partial Co nderhmaia In the eves anyponim dthe
Leased Pccperty, shall be taken or cmdetmed, ether pe®mtnuy or
fm aperied of units than thirty, (30) day% fapubliepmpaee% or sold
to a cmd®sag authmty, under ahsem of omde®nim to prevent
taking Owner agrerathat PrhneComay use and/or emtroa upon an
ahmae potion of Owntes.Ptope ty which is egoagy astable for
PrimoCo's ptnpme% provided such ahanae portion is available
The location of the alternate parties of Owners Property to which
PrimeCo may relocate shall be determined by Owns and easy be
upon my portion of Owners Property (or other property awed or
wtrolledby Owls),providedthaertrh ahernaepatim ofcis
Property, is equally astable for PrimeCda intended use , as
daer®ed in Primeeds sole and abooMe dieeoim Owner thaE
designee m apeman portion OfOwnds Prperq to which Pr®eCO
may, relocate prim to the taking omde®mim or ate If an
ait®ae potion of Oumda Property is available and .h alternate
portion of Ownees Property is aoarptable to PrimeCo, in PrimeWs
sole and absolute discretion, Owner and PrimeCo shag ewer into an
amendmeni to this lease designating such alt®ae portion of
Ownda Property in the Ie- Property. In the event no nhm m
potion ofthe Owmeen Property is equally astable fun PrimeCdx
mtmded uses, lhis fare thaE ahtrmatic Hy tcn ioae ssdthe day
ofthe taking candoussitien or sale
C Cmdemp5ico Award Owner dull reedve the entire
cede®arm award for the Ind and such other iuip ante w am
awed by Owns. and PrimeCohseby a preesly assign to OWNER
my and all right, title and interest of PrimeCo nav or hereafter
asi»g in and to my stub award. PrkwCo stall have the right to
recants- fr® sub mahority, lea not firm Owner, my ai pmsaim
as rosy be awarded to PrimeCo on account or PrinwCVs lwv old
interest moving and relocorim eapmm, mternpdm oflum®used
deprodatim to and nunovsl ofthe personal property, and 6aues of
Proneco.
D. Rebate of Rent If this Lease is tennmaed
pmvti t to the provisions ofParagraphs 15A or 15.a. Owner rhall
reimburse to Prim any prepaid real putaumt to the provisions of
Paragraph 6 and all rigna and obligations of Owner and PrmeCo
arising after the dae ofterninatim hall teammate
16. FIRE OR OTHER CASUALTY.
A Owed, Obliscaiot to RePay. Rattan, and/or
Reemstnnot. V my building taws, structure or ohcr ;mprovmed
q
leaned m Prime(, m pat of the Land Paperty. or my access
thereto. is damaged or destroyed by a casualty covered by the
ins¢mm required to be carried by Own" hereunder, Owen., d
Ovnda exp— dLu Ver ptty oaummm and dilgem)y Prosecute
to oSmplatim aPpropeise repairs, Trainmen and/or reconstruction
and del. Lase drd ohanmm as, fall term and effect
NW-UL andiog the preceding shemmm, if my buildn& tower,
structure or rain urproommoman hssad to Pr=xCo as part of the
I.e- Property, or my amen thereto, is damaged to the extent of
morefhon me half (lf2) of is replaoemmt cm or to my mbstaotial
e cara by a camaky rent covered by Own es onsamcs, Owner.
wilhm ten (10) days after the eamaky. Shah deliver written actieete
L4imeCo of Owada deatm () net to repair, recent, mdfm
reconstruct such ihhrprroveaars or my seems thereon but to designate
an alternate portion of Ovvner§ Property m vdhich Primer- may
relocate in accordance with Paragraph 16.8. or (ii) to repair, restate
and/or:, uot each unprovemecs or any secret there, If, at, a
rash d any such conavaky, the Leased Property beo®es totally or
partially unusable by Psi rwCo, rem dull abate dosing the peril or
rep.*, restoration and/or reconstruction in We same proportion to the
foul fern env the portion of the Leased Avpaty rendered musab)e
bears to the arrive Ter—dProperty.
B. Alternate San Owner agrm that during, wry
period of repair. re4ontim and/or reconstruction or for the balance
of the term ofthis Uric, as may be conceded, if Owner data not m
repair, resort, and/or reconstruct such inprnwmamts or my access
thereto, PimeC-may nx mdlm cmmnd upon m al,e ,ere patim
of Owners Property which is equally atitable for AimcCo's
purposes provided such akemae portion m available The enact
pates of Owners Praperry to which PrimeCo may Manse abaall be
dewed by Owner and tuay, be upon any pmim of Owner's
Property (or other property owned or adxogedby Owner),pcovided
that soh aheense Persian ofOwna§ Property it, aTuauy mdabk for
Prime.C&, intended unto se deta®ed by PrimeC, in PrimeCo§ act,
mdabsdmedievaim Ownershandesgwteatmpaay,ahemate
Patin of Owners Piapety, to which PrmxCo may relocate within
twvaty,far (24) hums dthe quaky and will deaiga ate a pammrm
portion of Ounces Property to which PeimeC- easy, fd,mte in any
nation m PrimcC, the Owner done not immd to repair, redare
and/or ramsma such it pravemmn, or my arrest eem sx, If an
,hems, portion of Oversees Property is available and such alternate
parties of Ownds Property it, acceptable m Ps meCo, in Aimeco's
ode and absdae diacomim Owner and PnmeCo drag renc one m
mmdmmt m this Tear daminstmg suds alternate portion of
Owner's Property as the Leaned Property () word the repair,
restoration and/or reconstruction is cmplere or (u) Permanently if
(vast does not ;mend m repab, reaorc and/or r,amatmd such
iaprovemrms wrmy,«®maa-.
C PrmuCo'e Right to Temrisse. PrimeC-may
temrbatethis Leasebygiving Ow wrffimnaim dter®ation if.
(i) Owner undertaken the "Poe, restoration and/or re roar ,dim of
such hnpmvmeNa or of any access thereto bun fatsm omplete sods
repairn9gadm, and/or rdmanwrtim w%als. faaytve (45) days
aft. the e.L hy, (ii) Owner noti6® AimeCo of Owoda iotentim
not to repair, restore md/m reconstruct. the Tower, (ion) Owarr fails
m deliver to Pr®eCo the written action required order Paragraph
16A within ten (10) days after the casualty. or (iv) PrineCo does
tootapprove any ahmse pceim efOwner's Property if Primer,
elects, m tedmIDse this lease pursuant to this Paragraph I&C,
Owner drag reimmnae to PrimeCo any prepaid rent Pasusd to the
provisions of Paragraph 6 and all rights and obligations of Owner
and PtinwCo arising a9.tho date eftetmmAim drag tcvdvate.
17. LIENS
(FLt2 Ian)
A. MerhanicC Lieu PrbwCo diatl keep don
Iaad Property free from my .&eon army g ,m of my work
perfamtd, maemals fimidred ce obligaiom incurred by or for
Pru-C- primer- wag, wi0hm twenty (20) days of PrimeCA
mocipt dwrittm nation f the i rT ration d my mdr lim, (i) cases
the same to be released efrecad bypaymant or Cu) deliver to Owner
a bond in the mann of we hundred ten percent (1105/6) of the
amatrt dlhe lien Upm deliveryd the baud to Owner. PrmeC,
may -moss to validly of the Sim. Once the lim m released of
reead. my bond provided by PrimeCo to Owner shall be rdessed
mdrmmhedtoPrimd-. Nowohvdtch Own.permEaP®eCom
pafam m the Leased Property shag be d,,,ed to be for'the use or
bmdu of OWNER so that no mechanics or other lim d M be
allowed against the eras, of OWNER by reason alas aeamt to
ado work. OWNER shall have the ri&w post natiom that it is not
re�rmstble forpaymmt for vet my such .
B. Lmdlad§Lim Owner dialaims and Wei.
any new melting or hereafter arising landlords lim or other statutory
or nmaehtay lim or security interest in Primer-§ and/or its
sdalesse& and/or liemseed ee>ffi®ietiam faalhiea eq'4ipm nt.
mprovem�.q fn W a'cs and other Property.
1& TAXES; MALNT'ENANCd!
A Taus PrimeCt, d.0 be reopmsble for
Paying all PeamaL property taxes ---d dt,Cly open PAMOC,'s
em>nnaioatiess facilities located on the Toad Property Owner
stall be resrmsible for paying all personal property tare, sewed
directly upon my tomprovmtmrs owned by Owner and located no, the
Ownds Property Ovmeralshd.Uberespmableforpsymg,11,4
pcapenytares asesed d'realy rpm the Owads Property mchdmg,
without Im oo ,,the Leered Propsny, provided,. however. if any
parties of Pri@e . mroserrmimtims fadllirs is srmossed as red
property rather them as personal property, Primer, drag be
respmmble ferpaymgm Owner, Whhbin driey (30) days ofPdmeCes
receipt of written notice thered, the portion of the real arse taxer
atm'dnable to Pon a s facilm. and Other droll
Pay shch tarn m the appropriate gavemma2il anthorities upon
rwegst-dsaih funds from Primer- (PrimoCo shallpay m Ovner,
all SAM panes levied against the annual rest paid by Primer, m
Owns, and Owner shad pay such ales taxes t4 and file all mpirad
tams with, the appropriate governmental aasharties rpm tm*t of
orb sales taxes firm P.CC0, Owner doall be responsible fa
pig all inane tases levial against Ounces mane derived firm
the Taxed Property.)
$ Maidenmm Pricier-, at Primews
opmse, droll be rzspmuble for mainiamiag, repairing and VLuirg
PrimeCo's m®mictima fadHtee lamed on toe Leaned Property,
and shall curse its ruble aces aud/or licensees to mamlain, rparr and
replaee their respective excommunications fadlmm locsed m flu
[.evsciProperty. Owner. a Owmda ogrerx, droll berepmnblefor
m2,4,in repairing and replaomg the Ownde Property and the
iaprov mmto looted thereon except for fie crrmumcatiess
fnerliti. of PrimeCo and its sublessene andfor liomsene All
mamtenanm, repairs, and replacments required pwmmm to dais
Paragraph I&B. drall be perfaemad m a good and wahmanae
seasoner and drall be in .nplimor with all Governmental Laws, at,
defined in Paragraph 24.0
19. QUIET ENJOI^. MNT AND NON-
INT71UTI ENCE
A. Oda Pmownmt. Owaa rq resmda wmanrs
and agrees that Pri ncCo, upon paying the rent and perfe mmg the
mveravts and provisions in this lease m be observed or performed
by PrimeCo shall pembly and gmndy have and enjoy, the Leered
ProPerty.
B.esmen Owner hereby grate to
Rimdb. as a Peimmy induce to P ancCo's entering into this
Lease, the find priority right to install Prfit Cd and its mbleswed
amd/or b®seed ®mioyime faclhfm on Oxa es Property.
From time to limey Amer may Want to other mlie the right to
b4ell AWW Operate 00MMUmkaima f4mitiee m Patious of
Owners Property not lead to PrimeCo; provided, hmvever timer
shag not allay or pewit the i tallation or operation of
oxanmumioaims fadlCim by other oo sass, to i term with the
Operation or use of Prb=Co'a err Cv wblemeo' ands r homseed
communications facilities w they eda a the time of arch other
onvpard'a m4.11,im or as they may be modified,. added to. m
shh ,,M A anytime, or &m time to time. dmmgthe term of this
Lease,asmaybo—ondd Further, Owae ahallnot emx,pe®Cor
allow any, other oae of, or candhion on, Owners Property vhieh
interferes with or impairs (i) the emammioaious faalitien er signal
drengb of PrimeCo err its mblesses and/or ficanams fi® the
1-1 Property or (u) the use of the I we, Property by PrimeCo
and/m ib enblr me, and/or licensees If my such istefermm
mmurq Owner agrees w elirmoate or ®m the elhn�,sim of such
mtederenm with PrimeCo's or its mblesned and/or limaueed
epora0em of their respective �micdims facilities or signal
s rest ins w use of the Leased Property avthin ton (10) days after
Owae's rectipt of PrimeCo's ventan nice of such mtafremce and
if newsmy, to erase the interfering party to Deem its operations
Excerpt in meat of mzegmcy. Owner shag not have aceeev to the
Leased Propertymles accocpanid byPrimeCopersmmd
20. RIOB£S TO EQUIPMENT; CONDITION ON
SURRENDER.
A Personal Praoerty. The aroonarahcaious facilities,
equipment, improvements, Extmes and ebef property of P)imeCo
and its sublraners and/or licenses m the Leased Property dull be
and remain the personal property of Prime Co md/m it. sublessors
and/or licensees, even thmgb ante of it may be pemrnmtly affixed
w the land, and PrimeCe and its sublimes and/or licensees dug be
mitld to take or remove all or my portion of their rcpative
oo®mica)ons faCiniM equipmmL )rg0rovWdM1% fnmaen and
other property g® the Teased Property without my hindrance by,
through or under Owner or theholder d mymrdgage, ded of trued,
gauad leasroroaher enorunbrmm At the termmaimmerpiratim
dtbis Lease, PrimeCo and its asblesaees and/or hems® shag have
the rigs, but not the obligation, m remove al or any pas Of their
respemve facilities. equipment, inuprovmhede,
fisnuen and other property firm the Leased Property. If PrmuCo, or
Ca sublessees and/m licensees Meer to rove all or any part aftheir
sespm,,d o®micdima faml$ie, .qq fir ®proyrmmu,
fixnaa and other Property Po®eCc shall repair or cause to be
repaired my damage caused by such rmrval, and dual otherwise
amender the Lmeed Property a the cMbjdm of the t®, as may
have been extended, or earlier tearroseaim thereof. m god condition,
ordinary vear and tea, damage by fire and other casualty excepted
Any of Prfinr 3 w its aebleYd and/or licroserd r>anmmicarims
facilities, cquipmmt. naprove rmata, fimr® and other property that
has net item rmuved from the Propmywhhm thirty (30) days dthe
terwin morexpk2dwdthisi,shadbedeeruedab2ndmdby
PrimeCo m its mblesseo and/or licenoom
B. Preemtaim of Claims Any Ma®.s rdatmg
m the condition of the Leased Property mud be pressed by Owner
in wriungto Pr=.Co within thirty (30) days after the termmaim or
expCdon of this Lease or Qwc shag be deemed to haw
irevmbiywsved any and all au h claims,
(FL1ZOW)
2L BROKERS Overor and PreamCo eash re re ed and
waamt w the other that ha she ar Chas as negad with my
broker or agent, real etas or otherwise, in c®ectim with this
I. Owner and Pnm.Co each agree that, if my Maim in evade
agains the erne far a broker a m agmt'a ®iffim, fivder's tee or
the bkebymasm dthe ads of such potty. thepanyupm uhom eras
suh claim is pmtiafed lug mdemC'y and hold harlots the other
parry, fin and a®ma my and erg liahilhim, dairm denmds,
serious, ]easd. damages, archer. Pmalti coma andrm -Tcaroq
including without limitation, revsmeble attorneys fees mounted m
commune themvCh and shag defend such am. by legal mmerl
reasonably aeuptabl. to the ind®iFied party.
2L ESTOPPEL CERTIFICATES
A. Owner. Owner, a the request of PrimeC'o,
shall provide Prm=Co with a cetifiote sating (i) whether Owner
bar my cLsmr against PrimeCo and dim, sating the amne Of such
do®; (u) that Owner remgaiz® PranoWs wmeahip of Priced o§
emmnmieaions facilhin and other property, (iii)Wert Pr®eCo boa
the right w remove P®cCa'a e®miea)ms fi faint and other
propertyfrom tha [eased Aapertynawdfhamulng that such maybe
considered afumue under local law, (vr) that an Event of Ddmdt by
Ptimeco has not occurred or would not oats with the giving of
nation and/or thepassage dome, and (a) that Owner has on imere t
in and disclaims my interest to Prim"s c®mieeatim totalities
andetherprperty.
B. Pr®eCo. PrhneCo, a the request of Owner,
shall provide Owner with a oetifiea r dating () that this Lease is
tmmodthd and in fug form and affect (or, if there has berm any
madScenim, that the acme is in fug form and effm ar modified and
stating the madfkatim); (C) v&Ahc or at, to Pranecers
knowledge. any eot*Bs, or ddmses exist agaiad the eaftro ment of
my of the agremerns, terms, covenants or cenditims here[ to be
performed or coceplid with by PrmwCo (coed if so upacfymg the
same); mad(u)the datethrough vhidh the rout has bempaU
23. NOTICES Any notice, request w closeted required or
permiaad w be givm puramt to Wier Iesse shag be m writing and
shag be deemo sufficiently given t(i) delivered by n, Wr a the
address dthe intenddmcpi (6) sod prepaid by Federal Express
(or a errpmable guaranteed overnight delivery —co), or (w)
deposited m the LSCed States firs clam mar] (registered orcertified,
Postage Prepaid. with rotem rweld requested} Any suds maim,
request, m dmand m given shall be deemed given m the day C is
delivered by meedmger, no the day after the dry of depoon vAfh
Federal Express (or a omVarable overnight delivery service), or m
the day that intro (2) days all. depots% in the lhntcd Seam Mal, as
the memory be.
pria,ef
Prinsco Personal Caamurieata s, I�d Partnership
777 Yamao Road, Suite 630
Boca Raton, Florida 33431
ATTN: SneDevelopmerd Manager
Telephone 561-995.5500
wM a eoovta
Owner.
Amociste General Caaaal
PrimcCo Pexamal Ccmmmieaims, LimRed Patmerhip
8875 ffhddw River Parkway, Suite 350
Tampa,Fhrids 33637
TMrphmr: 813SI5-48i0
relepbmc 4u7. 9-)1. 9TO r
Any party may age his, her or its address for notice purposes by
givmgncdce in aomdance with this Paragraph 23.
24. MISMLANEOUS PROVISIONS
A. Tide: Undisclosed liens Owner represents.
waaants and rig® that OWNER iv aeihsd of good and sufficiem
title to and fateren is the Owner% property and has fall amhuity to
cater into and cavorts this Levee sadno on gat toerdlime, judgnmte
ar mpdrmms of title exist on, Ovmeda Property that watld affect
this Lease
B. Feriae lave Amendments Thin Lease.
mcsrdmgthe exhibits and as,ore, which me attachedhvno and
incvpaatedherem by this reference, incorporates all agreements, and
understanding, botwam Owns and PrimrC& No verbal agremcab
or understanding, aball be binding upon either Owner or PrmieCo,
and my addition, amendment, variarim ormodification mthis Ices
shag be ine fe dw calm made in wading and signed by Owner and
Primsrn
C. Ca®liance with Gmeornam l Lawn.
Owner reprenerm, warrantor and ages that throughout the term of
this leaser, as may be cascaded, the Owner's Property mdudmg,
wirhat hens q the Leaned Properly and all inga*vemme
therms, other than mtprwmeam owned by P=cCo or its
.-,Masers and/or liaensom shall be en cmphance with sR laws,
ecdea, and regulations ofall federal, state and local governmental or
quas-ga'emmrmal wnhaIIio (coileaivdy.'Govemmmlal Iaws'}
Subject to Gwnees compliance web the terns of this paragraph
24.C, PrtneCo agrees that my mtprovmmta amgraCtd or the
Leased Atperty by Pdimd.o ands ds suhlesees antra ticmacea
andthc operation ofthecammmicaiinsfaamtice rP®en-o and/or
AR mblems andror h. on the lensed Property shall be in
compliance wth all GOvmmmal Sawa.
D. QPirmmd Iaw. Tber Lease and the
porformmce hereof shall be governed, murpreted, construed and
regdated by the laws dthe state in which the L—d Property is
located
E. Benefit. This Lease, and each and every
mvetaat and condition be =, is intended to benefit the laved
Propertymdmrmwththe Ow ceaPrapatymddullehdcadwand
bindtheheirA personal tepreamtativm, succnas and assigns ofthe
Pam
F. Coumams and Cmdtima The portion agrees
that all ofthe provisions, havcf E be eeostrued as bah covenants
and curdaims, the scam as if the weds i¢gatmg ahch covenants
and condmmandbeen used in each separate Paragraph.
G. Cmamdim The Peahen admowledge that
each has had an oppommty to review and negotiate this Ieasc and
ban exaoated this Lease only after such review and negotiation. The
]mgt,, dthis Leasedugbeomamedsimplyandaaadmgrnita
fah meeting and this leave shall na be emstmcd more strictly in
favor aagams eitherpany.
FL Nmdutarbmce Aare®em. At Owner's
option, this Leal shall be mbadmatem my mortgrgr, deed oftnm,
M,mowt)
gamd kam or other coc mlaance vvhich from time to time may
encumber all or mypart dthe Owneta Property. provided that evany
suds mortgagee, beneficiary, Under. or other holder having tigldn
theramderagtees to recognize, (in writing and in a form acerprable, to
Prime(3oS counsel) the validity of this Lease and Pum"s ddII to
remam m ocu ancy and haw aces to the Leased Property as Img
as PrimeCo is nor in defauh of this Lesser, in the evert of a
forncimae or the eaercise of any other rem d. order my such
mortgage, deed of coat, graced lease or *Isar mambrmm
PrimeCo Shan eaeate whatever inatrmern may reasonably be
rcphhedto evidence this mrbadmubcm If. as ofthe dale ofeawdim
of this Lease, any mortgage, deed of trim, graced lees or *dater
aimla encumbrance affsb Owner's Property. Owner agrn to use
its bout efforts in assidieg and cooperating with PrimrCo to obtain
from the holder of arch mortgage, deed of trtm, ground leave, ar
other encumbrance a woven agreement than PrimeCo shall nor be
disturbed in hspos3avon, use and enjoyment ofthe lased Property
as long as an Evert of Ddaah by PrimeCo bar not assured
berermder.
L Seaarabitity. If my portion of this Lease is
dedandbym arbitrator warbtrmasto be invalid or unenforceable,
orchpartion stall be demedmadifiedto the a doatneoesstryID ends
arbitrates err arbitrators' apmim to tender such patim �aoeable,
and. ca on mortified, such portion and the balance ofthis Learn thug
continue in full face and effect
J. Enfaemerd. If either party inaindm any
amm orproceedragin arbitration to eatfarce my provision bereaL a
my notion for damages for my alleged breach of my provision
hereof. the preva7mgpany in such action or proced"mg in addition
to any other award' given by the abarma(a), shall be entitled to
receive frmtheam-pmvailmgpmty such ennead =the arsitnYa(s)
may adjudge to be reaamasle attmrya' fors for the saviors
tendered to the prevailing party. together with is other rnsmable
ltivim expenses
E. mimmve Relict: For addtim to the other
rmedin provided for in this I.— my party shall be erdi led to
mmmdhte restraint by mitmdion of my violation of my of the
cnvenms cmmdons orproisfom ofthis Iease
L. Inc caption ofthe Paragraphs of
this Lease are for convenience of reference only and shall nor affect
theimnpreation dthisLease.
M Litdaina ofCa®micatiaa Faciid ffany
Laws or rephations ofthe Federal Aviation A�+�tm. Federal
Cmammiestima Cor®sim or my other governmental agency or
body require or recommend the lidding and/or makmgofPsimeCo's
or its ®blesses' and/or ficenvee5 co mmiea6ma faalties a tho
Improvements Upon which such oamhmic3imsfadities are located
mcludImg wthout iimtxim, any building tower or other
hrprovmeas comprising a portion of the Leased Property. Owner
ogees that Primera, at PtimeCoh expmes. may inYBB and mannain
such lidding or marking. PrmuCo. however. shall not be
tepama for the in4a0atim or m,imenance of any lighting or
makings req.med by the opermons of Owns a Owner's other
tenmm andfor licensers
N. Memorandum of Lease. Cmammtly with
the exemaim ofthis Lease, Owner shall monde bdore a notary and
deliver to PrimeCo fa reardimg a "Mma-andim of Lease
Agreement," ales rderedood as -Shot Face Leasq" in the fora of
the: auarhed fixhhbt -C'. Such Mmamdam shallnot disclose any
fmmelal t,m,, tales required to do m by the laws of the
jaisdictim in which ands Mmorandm et records&
O. 'eai Tim ahligaDma of nth perry to
md®Ey, hddhandca and ddesdthe ahaparty *A ermviw the
expiraim atametivn dthiaLeme
P. ComtRaana. Thta Lame may be awaled in
se rnmy, ommrpats a may be required by thepartiaa hrhsllna
be nwm=y that the cigomme m behalf ef all parties hareto app=
m each manlapmt bared and it mall be auffcdm if the sgomae
mbmalfdall partimhaeo appear m me(1)a merec mtrpana
Ali mtmnpm alrall collectively—m —a single nFem>aQ
Q. Llumbcr d Ameanas if the based Prapary
includes Were rpaoe. hen C. mall have the right to install Dtoatirl6
angers and le lines m Ugh tmxr yes Tbro aghma
�� the Dave ter®, he e#mded, Oxna map rma 2 load
apacay m Wm e trove uhin taae cp i� mom ie loeaed to
aoCM=Dodae P i=Cda s andnm+}9}j'ahI nines it
Primer-, a my time a Eta b rnae. i.=U (eSdnn uma{9)-
muemmaoderoeZ9r2ablelmea s,'x
stx
R Arlritraiorr. Any meravuey or tern® arising
out d or relmmg to this Lease, a the breads d this Lease, "be
w¢Ied by ubitraim in sacedmce rvhh the rules and regulatima of
the America- Arbdrmon A4UC26011. mdjadgmmt upm the awmd
resdaed by the abkrla(s) may be emceed m my mart having
jmisdidim thereof The deci.em of the arburda(s) mall be imal
mdnm-0ppmlaNe
S Addltimal Tema
INWRNESS WIUMWF.Ne patinhave ewadecitbis Leave
OVIMMU Aem C®mmicxdcD+ Ins
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DLSCRIMONOF OWNER'SPROPFRTY
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The NW 1/4 of the SE 1/4 of the NW 1/4 of Section 16, Township 35
South, Range 40 East, St. Lucie County, Florida;
and
The East 40.00 feet of the SW 1/4 of the SE 1/4 of the NW 114, less
the- South 44 1/2 feet for canal right-of-way, of Section 18,
Township 35 south, Range 40 East, St. Lucie County, Florida;
and
The North 30.00 feet of the East 5.00 feet of the following
described property: The North 3/4 of the Northwest 1/4 of the
Northeast 1/4 of the Southwest 1/4 of Section 18, Township 35
South, Range 40 East, St. Lucie County, Florida, lose canal and
road right-of-ways.
Rsaerving however unto the Grantor, her hairs and assigns forever,
and appurtant to the adjoining lands owned by the Grantor, an
saseneat. for ingress, agrees, and drainage over the following
described property:
The East 40.00 feet of the SW 1/4 of the SE 1/4 of the NW
1/4, lesa the South 44 1/2 feet for canal right-of-way,
of Section 180 Township 35 south, Range 40 East, St.
Lucia County, Florida;
m
The North 30.00 feet of the East 5.00 feet of the
following described property: The North 3/4 of the
Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4
of Section 18, Township 35 South, Range 40 East, St.
I,11r{e.County, Florida, less canaland road right-of-ways.
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EXHIarrllr
D6gc- ON 01,PO&17ON OF OWNMS PAOPFRIY
SMID: A= Caemumicgbm Tv #62728
IFLI] W) 10
COMMENCE at the Southeast comer of the Northwest % of the Southeast % of the Northwest V. of Section 18.
Township 35 South, Range 40 East SL Lucie County. Florida and nm N00 W27'E, along the %- Y. - % Section line,
a distance of 335.98 fed; thence run SN89.16'53W. a distance of 310.99 feet, to the POINT OF BEGINNING;
thenza continue S89.1B53 W. a distance of 25.00 feet thence run N00'e3'07'W. a distance of 15.00 feet thence run
NIIP WSWE, a distance of 25.00 feet thence run SOO'43'07'E, a distance of 15.00 foe to the POINT OF
BEGINNING; lands lying and being in Section 18. Township 35 South, Range 40 East. St Lucie County, Florida, and
containing 0,009 Acres, more or less.
i
THIS INSTRUMENT PREPARED BY:
NAME: GEORGE HOWELL, III, ESQ.
ADDRESS: PrimeCo Personal Commuaitations, Limited Partnership
777 Yamalo Road. Suite 630
Boca Raton, Florida 33431
"E)UMIT C"
SHORT FORM LEASE
(Site Lease ID #:62728-Aer000mmunication Tower)
PUS.4HOUFORMLEASe evidmm IEa a lees was made and �acd imo by wrinm Love Agremmm dated
t
'I. 491*by Pod ba%aYn AFRO COMMUNICATIONS. INC, ('OWNER') %Lose addrem is 309
Headsawmd Cams. Wuo Sp=8k FL 32709. and PRD&CO PERSONAL COMMUNICATIONS LIMITED
PART E RSFHP. a Delaware 1®td pattmthe ('PRIMEC07 vdrme addr is 777 YamaW Read. Suite 600, Boca
Ratm• FL 33431. the t and em,thiens of nhirh are mmpamad baem by refamm OWNER hereby lessee to
PRIMECO a oefaio site locaW A 1401 Swaio Rood. City of Ft Piam. Cesaay of St Lune, Stine d Flarida, within the
prepeny of OWNER %bich w described m'fbdubh A' atached haao, whb grmt of eavemms far n¢ dd nsKs d
a the and to ebrnie and telephme faalmo, all w nae spni5eally desmbed in the Face Agreement the tam
d%bide ae iooQparsadherem by rdamoe, far a t� dfiw (5) years cowanmiing an the dae tba is the mfia of (i)
me hmdrod twacy (120) days after the Execution Dee a (ii) the date tba PRIMF.CO cemn-ce, i loll-im d it,
cummnmio faala cs m much site, uhirh t® is subject m fa¢ (4) addaimal five (5) yea eetmsim peiods by
PRM ECM.
IN WMIESS WHEREOF. OWNER and PRIMECOhawduly a ceased this Shm Foam Lease as ofthe day and year rmt above%ratm
OWNER: PRIMECO:
Aao Cammnicbeut Tom PrimeCo Pasmd Cmtmmicatims, Iamud P=Wa*T.
r A aDelawaelinhedpanabip -. i _
By.— Div W.
NamNrrtle i:e.IaRSt• Q4rton¢e t6s•.aQn Naecfr- C%-r"Anai G r 1204rbrl
S.S.frme No.: jq-3iZS2.1.1 S.Sfrac
Add,= 3oq l+QtiLwoOeQ a+.Addrtsc yt1M^f•7p �QQ�
Date Id-100 WintnfL 5p9L1tif1 FI- D�
(ft
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NamC GlF u NaruC At �L Na,rre
OSee Attamrent "SN" for Pvodrmadou ofOaner sleoatores
SPATE OF
COUNTY OF~
The f g m ,lg�Y advowldged bd , this /dam dvy d . 1 (91 o by
by tr!/I[St:H./GIYOfK .msIGIGI�L of[rc (�marsauti ti.atloet�,a mputim
a ❑ n parma (a vent) an behalf d a patne ship. Hehbe is
(homed, Typed a St —pad Name ofNaay) A" .L= _
(OFFICIAL NOTARY NATURE)
Navy Public —State ofFlwida NOGRYPUBEXSrATE�F7�()RLD/1
COUNISB(ON NO. CC86Ssti
SPATE OF fi GiG- LWON EXP. SM 20
COUNTY OP
yr
Thqe faregviog huw,mt was adme Mdged Were am this �— say f . 49.2aw, by flAnO 'Sea .r L'y'2/7
f.G.ia_ T8:1 a. �: r<"10 d Plime.Ca Persmal C . ;cairns, I.imhed Parn a Dela%ara Ionitrd Pamamip. m b�alC d the panadsip.
y LaYproduced }J� m dm £rain
(Prinedn`ped/3anpd Notary Name) !/ 1
(O Notary Sigr:aure)/b�E lwriion W'ltleLS
NotayPublic State ofFlaids
L S. Wolter O"n .R •, 'N MyWSSION I CC65I580 MRES
.'2y'di : zMer 18, 2001 Pilmeco fJ
a�Au.+' BpaOtDlWW tiPli illy P4VP14Cr.INC. laitlala
lFL12p19s1 ..
ADDENDUM -Aero Communication Tower #62728
PrimeCo's equipment shell not interfere with users on the owners
premises as of the data hereof. In the event PrimeCo's equipment does interfere
with any other user on the Owner Premises, Owner sW immsdbt* notify
PrimeCo and PrimeCo shall have forty-eight (48) hours in which to eliminate the
interference.
This contact includes tower space for six (6) lines and six (6)
antennas detelled In an equipment summary to be provided with the lease. Aero
will reserve capacity for three (3) additional lines and three (3) additional
antennas for future expansion, to be negotiated at time of addition.
Owner Initials/date
PrimeCo Initial/date