HomeMy WebLinkAboutAMENDMENT TO LEASESCANNED �q
St. LugBY
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FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") is
made this fI day of Ockku% 2000, between BECKER HOLDING
CORPORATION, a Florida corporation ("Lessor"), with a principal place of business
located at 660 Beachland Blvd., Vero Beach, Florida 32963, and CROWN
COMMUNICATION INC., a Delaware corporation ("Tenant'), with a principal place
of business located at 375 Southpointe Boulevard, Cannonsburg, Washington County,
Pennsylvania 15317.
WITNESSETH:
WHEREAS, Lessor and BELLSOUTH MOBILITY INC. ("BellSouth") are
parties to that certain Option and Lease Agreement dated as of December 15, 1998 (the
"Original Lease"), whereby BellSouth leased certain real property located in Fort
Pierce, St. Lucie County, State of Florida as such property is more particularly described
in the Original Lease (the "Leased Parcel');
WHEREAS, BellSouth assigned the Original Lease to Tenant, pursuant to that
certain Assignment and Assumption of Option and Lease Agreement dated as of
2000 (together with Original Lease, the "Lease"); and
WHEREAS, the parties wish to modify certain terms and conditions of the Lease
as provided herein.
NOW THEREFORE, for the mutual covenants and premises herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby mutually
acknowledged, the undersigned parties, intending to be bound, hereby agree as follows:
1. Status Of Parties. The parties each acknowledge that, to the best
of its knowledge, the other party has complied in all material respects with the obligations
under the Lease accruing on or prior to the date hereof and that, to the best of its
knowledge, the other party is not in default under the terms of the Lease.
2. Use of Leased Parcel. Section 7 of the Lease shall be and is
hereby amended and restated to read as follows:
TENANT shall use the Leased Parcel for the purpose of
constructing, maintaining, and operating a communications facility
and uses incidental thereto, consisting of (a) a building or buildings
- BU --as-necessary--now-or-in the future to shelter telecommunications
equipment and related office space, (b) a free standing monopole
DOOTYPE or three sided antenna structure with a total height which in no
event shall exceed two hundred fifty (250) feet without the express
MIDWAY Er7E (FT. PIERCE)
MI I:\92716\01\ I7JG01 I. DDN9632.6096
written consent of LESSOR, which consent may be arbitrarily
withheld, and (c) all necessary connecting appurtenances.
TENANT may modify its antenna structure (but not the total
height of the structure) or building(s) but only with .the written
consent and approval of LESSOR, which consent shall not be
unreasonably withheld or denied. A security fence consisting of
chain link construction or similar but comparable construction may
at the option of TENANT be placed around the perimeter of the
Leased Parcel (not the Access Parcel). All improvements shall be
at TENANTS expense. LESSOR grants TENANT the right to use
not more than twenty feet (20') of the LESSOR's land adjoining
and adjacent to the Leased Parcel and the Access Parcel as is
reasonably required during construction, installation, maintenance,
and operation of the Communications Facility. If TENANT
desires to use any additional land beyond the twenty feet (20')
provided herein, TENANT may do so, but only with the prior
written consent of LESSOR, which consent shall not be
unreasonably withheld or denied. TENANT shall maintain the
Leased Parcel in a good and functional condition clear of all debris,
trash, weeds, and unsightly items (not screened from LESSOR's
adjoining property). TENANT shall not engage in any act on the
Property which constitutes a nuisance nor shall TENANT permit
others to do so. TENANT shall cause the Property and TENANT s
use thereof to be in full compliance with all governmental
approvals and requirements. Notwithstanding any other
termination rights available to TENANT under this Agreement,
TENANT, at its sole and absolute discretion, shall have the right to
terminate this Agreement with ninety (90) days prior written notice
to LESSOR and a lump sum payment to LESSOR in an amount
equal to six (6) months rental at the rate in effect at the time of
termination. Notice of the TENANT's exercise of its right to
terminate shall be given to LESSOR in writing by certified mail,
return receipt requested, and shall be effective upon receipt of such
notice by the LESSOR as evidenced by the return receipt. All
rentals paid to said termination date shall be retained by the
LESSOR. Upon such termination, this Agreement shall become
null and void and all the parties shall have no further obligations,
including the payment of money, to each other, except all
indemnifications of LESSOR by TENANT shall survive subject to
the limitations set forth in Section 8 of this Agreement. TENANT
may, from time to time, permit other parties to co -locate upon the
Property provided (i) Tenant provides written notice to Lessor of
any such co -location, together with a signed copy of the applicable
co -location agreement and (ii) Tenant shall pay to LESSOR, as
additional rent, of the monthly rental
IVMWAY SUE (Ff. PIERCE)
MI I:\91716WI1 17JCA I I.DOCU9632.0006 2
income actually received by TENANT from the subtenant, licensee
or sublicensee (each,. a "co -tenant") of Tenant locating
telecommunications equipment on the tower on the Leased Parcel
which additional rent payments shall commence upon the later of
(a) the thirty-seventh (37th) month from and after the
Commencement Date of this Agreement or (b) the first day of the
first month following the commencement of installation of
equipment for the applicable co -tenant, and continuing thereafter
until the earlier of (a) the termination of this Agreement or (b) the
termination of the applicable co -location agreement.
Notwithstanding the provisions of this Section 7, TENANT may
permit BellSouth Mobility, Inc. or any affiliate thereof, to co -
locate on the Property and no additional rent shall be due to Lessor
with respect to such co -location. It is understood and agreed that
TENANT's ability to use the Property is contingent upon its
obtaining, after the execution of this Agreement, all certificates,
permits, and other approvals that may be required by any federal,
state, or local authorities. LESSOR agrees to reasonably cooperate
with TENANT in its efforts to obtain such approvals for
TENANT's use of the property and LESSOR agrees to sign such
documents as are customarily and reasonably required to enable
TENANT to file applications with appropriate governmental
authorities for the proper zoning of the Property as required for the
use intended by TENANT. TENANT shalt perform all other acts
and bear all other expenses associated with any required rezoning
procedure. LESSOR agrees not to register any written or verbal
opposition to any TENANT requested rezoning of the Property.
3. Capitalized Terms. Capitalized terms not otherwise defined
herein shall have the meanings set forth in the Lease.
4. No Other Amendments. Except as expressly modifed by this
Amendment, the Lease remains unchanged and in full force and effect.
Mn)wAY srrE (FT. PrERCE)
ha(9921(6N IUVOOKOOCU9632.0006
IN WITNESS WHEREOF, the undersigned have executed this Amendment the day and
year first above written.
Signed, sealed and delivered in the
presence of:
.-Q .
Witness
Print
tName:
Witness � �� Print Name:CI
Witness
Print Name: Sc> k 1�51(111
MDWAY Sn6 (Fr. PMRCE)
M[I A927100111TJG011.D00096R.0006
LESSOR:
BECKER HOLDING CORPORATION,
a Florida corporation
Officer's Nam r&/il r
Title: igrc-eoe -
TENANT:
CROWN COMMUNICATION INC.,
a Delaware corporation
Offtcer'sName: P Mar1c ✓a,, b.,ke
Title: V-L9. P«t,�� __ /
4
STATE OF FLORIDA
ss
COUNTY OF -EI1 d i1 '
The foregoing instrument was acknowledged before me this a7� ay of
zP7Eml3e(Q , 2000, by 67j&k. E as iPR25ic1&9— of
BECKER HOLDING CORPORATION, a Florida core ation, on behalf of said
corporation. He/M is personally known tome os haspredu0"
identification.
My Commission Expires:
STATE OF i=(o;e.O
ss
COUNTY OFA&M 'Kc"Ad :
Sigplature of Notary Public
riyp,� Linda A Moral
_MMYCOMMS91mi 0080162 1XI) RES
Printed N': r AWW1 uerxavue
[Seal'
The foregoing instrument was acknowledged before me this 'fl day of
Or }.n Ge,. 2000, by M k ✓ , I as of
Crown Communication Inc., a Delaware corpor' tion, on behalf of said corporation.
He/She is personally known to me or has produced as
identification. / l
Signature of Notary Public
My Commission Expires:
MIDWAY SM (Fr. PID(CE)
Printed Name of Notary Public
[Seal]
wr�in crnnrra
e MY Comm &W. Vr3200a
Nw COax66Y
M . r16M1A
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�rTSON ANfl TF��. n-.....s..•�T
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This Agreement is made this ,�s day of ,K fe
1998, between BECKER HOLDING CO"ORATION, whose address is
660 BeackSOU Blvd., IT peach, FL 32963 hereinaftee designated is Suite
201
and B$LLSOOTH MOBILITY, INOR
C., with offices at 5201 Congress Avenue,
Boca Raton, FL 334S7, hereinafter designated T�LNANT.
RECITALS:
LESSOR is the owner of certain real property located at 16434
Okeechobee Road, Fort Pierce, Florida, St. Luc:..e County, State of
Florida, and TENANT desires to obtain an option to lease a portion
of said real property, containing approximately 22,5D0 square feet
(hereinafter referred to as the •Leased Parcel"., together with the
nonexclusive right to utilize a twenty foot (:?0') wide strip of
real property to provide access to the Leased. (hereinafter
referred to as the "Access parcel") (said Leased Parcel and Access
Parcel being hereinafter collectively refeerred to as the
"Property"). The Leased Parcel is more specifically described and
substantially shown outlined in red 'on Exhibit "A" attached hereto
and made a part hereof and the Access Parcel is more specifically
described and substantially shown outlined in gJ:een on Exhibit "All
attached hereto and made a part hereof."
NOW, THEREFORE, in consideration of a &JIM of
herinaf ter refto as
paid by TENANT to thee
LESSOR, whichrTENANT wil.ltprovide upon its
execution of this Agreement, the LESSOR hereby g:;ants to TENANT the
right and option to lease the Property -for' the term and in
accordance with the covenants and conditions sat forth herein.
The Option may be exercised at any time within ninety (90)
days from final execution of this Agreement by'LESSOR.
If during said Option Period, or during the.:term of the lease,
if the Option is exercised, the LESSOR decides to subdivide, sell,
or change the status of the Property or `:LESSOR'S property
contiguous thereto, LESSOR shall immediately notify TENANT in writing so that TENANT can take steps necessary to.protect TENANT's
interest in the Property.
L0013 L W# WWOD UH02lo 9£6681ZT99 £TF8T 000Z.6Z'883
LESSOR covenants that LESSOR is seized o� good and sufficient
into and execute this Ag
title and interest to the Property and has ful:L authority to enter
reement, LESSOR £urther covenants that
there are no other liens, judgments,, or impediments of title on the
Property except the Mortgage and' Security Agreement dated
to M ("Metropolitan") recorded �a T'fa ?ice 0mm�anv
�, Page IT93 in O Ytun a, Records Book
'Metlife Mortgage.)public records of St LucieC�unty, Florida (the
• _
This Option may be sold, assigned, or tran:I=erred at any time,
to TENANT'S principal, a_Rfiliates or subsidiaries of its principal
Or to any company with which TENANT is merged or consolidated
without LESSOR'S consent or approval. As to other parties, this
Option may not be sold, assigned, or transferx,ad without (a) the
written.. consent of the LESSOR, which corzent may not be
unreasonably withheld Or denied and (b) for as Long as the Metlife
Mortgage remains a lien on the Property,
denied. a, the written consent of
Metropolitan, which consent may not be unreasonably withheld or
Should TENANT fail to exercise this Opti.*n w thin the time
be herein limited,�all rights and privileges grant -ad hereunder shall
LESSOR deemed
d c completely surrendered, this Omticn terminated, and
onf and
addi_ional money shall be payable by Y either paxty to the other,no
The LESSOR shall permit TENANT dt:z_:,g the Option Period free
ingress and egress to the Property to conduct such Surveys,
St strength analysis,' subsurface boring tests and other
activities of similar nature, as TENANT may deem. necessary, at the
sole cost of TENANT. in addition, TENANT Shall have the :fight to
file any applications for certificates, be.- " S,, on'_ other
approvals which ar: reasonably related to the IZ-Sso� Z—S50?2'S Utilization
Of the Leased Parcel as a communications tac:,lity that may be
recuired by any federal, state, or local aut =ities. T agrees to cooperate with TENAN in f �-SSOR
approvals and sign such papers as may bee recuLredotohf n such
e such
ndticns with the appropriate authoritis, T9PNT herebv
emni
yes LESSOR and agrees to hold LESSOR harmleess from any cost
or expense of the foregoing activities, any lies; attaching to the
Prote_ty as a result thereof, and any liability" loss or damage to
perpotion o p ope=ty or to the Property resulting from any of such
unties including, but not by way of limitation, reasonable
attorneys'' fees and costs
therewith or enforcing this incurred by LESS(.IR in connection
indemnifica=ion which shall survive the
termination of this Option,
2
800'a 09Z# UNOO NM010 KMIZT99 fI:8I D00Z,6Z'9U
Notice of the exercise of the Option shall, be given by TENANT
to the LESSOR and to Metropolitan as long as Metlife Mortgage is a
lien on the Property, in writing by certified hail, return receipt
requested. Notice shall be deemed ef fective'.. on the date it is
posted. On the date of such notice, the follofAing Agreement shall
take effect:
LEASE AGREEMENT
1. LESSOR hereby leases to TENANT the Leased Parcel along
with the nonexclusive right to utilize the Access Parcel, seven (7)
days a week, twenty-four (24) hours a day,; on foot or motor
vehicle, including trucks, and for the Lustalla'tion and maintenance
Of utility wires, cables; conduits and pipes over, under, or along
the Access Parcel, said Leased Parcel and Access Parcel being
substantially as described herein in Exhibit "B" and as shown
enclosed within red and green lines respectively on Exhibit "A"
attached hereto and made a part hereof. Said Leased Parcel and
Access Parcel shall be hereinafter collectively referred to as the
"Property." The Access Parcel and use thereof £or ingress, egress,
and utility purposes shall be nonexclusive and shall be subordinate
to LESSOR'S use thereof for ingress, egress, and utility purposes
and shall be subordinate to LESSOR'S use th-sreot for ingress,
egress, and other uses incident to the agricultural use of LESSOR'S
Other property serviced. by said Access Parcel. LESSOR, but not the
TENANT, shall at LESSOR'S option, have the richt to fence and/or
gate the Access Parcel as long as TENANT is presided a key and the
fencing does not obstruct TENANT'S reasonable ingress and egress to
and from the Leased Parcel. LESSOR shall have the right to
relocate the Access Parcel at LESSOR'S expanse as long as the
relocated easement area provides ingress and egzess to and from the
Leased Parcel and utilities of a nature and _-apacity are those
existing before any such relocation.
2. TENANT has surveyed the Property, and the legal
description set forth on said survey is attached as Exhibit "B,"
which shall he attached hereto and made a part hereof, and shall
control in the event of discrepancies between d.'t, and Exhibit
LESSOR grants TENANT the right to take neeasurements, make
calculations, and to note other structures, ;setbacks, uses, or
other information as deemed by TENANT to be relvrant and pertinent,
as such information relates to LESSOR'S real kroperty, leased or
otherwise abutting or surrounding the Prope=t:.;y. Cost for such
survey work shall be borne by the TENANT.
600'd 09Z# Wm00 HMOVO DE668TZT99 WeT 000Z.6Z'893
3. This Agreement shall be for an initial term of five (5)
years, beginning on the date the Option is exicoisad by TENANT at
an annual. rental of plus
applicable taxes, to be paid in equal monthly?installments on the
first day of the month, in advance to BECKER 8O)XING CORPORATION or
to such other person, firm, or.place as the LESSOR.msy, from time
to time, designate in writing at least thirty (30) days in advance
of any rental payment date. r
4. The TENANT shall have the option to e':tand this lease for
four (4) additional five (5) year terms (each:additional five (5)
Year term being herein referred to as an "Extension Term'-), and
such extensions shall automatically occur unless the TENANT shall
give the LESSOR written notice of its -intent to not extend this
lease at least six (6) months prior to the end .-f the current lease
term, in which case this lease I termi.natie at the and of the
then current Extension Term.
OTD'd L69Zk MWOO lM UD 4MOUT99 bT:OT 0002,6V99J
6. If at the end of the fourth five (5) year Extension Term
this Agreement has not been terminated by eithar party by giving
written notice to the other party of an intention to terminate this
lease at. least six (6) months prior to the end of such Extension
Term, this Agreement shall continue in fori.e upon the same
covenants, terms, and conditions for a further teem of one (1)
year, and for annual terms thereafter until terminated by either
party by giving to the other written notice of Its intention to so
terminate at least six (6) months prior to the end of such term.
Monthly rental for this period shall be equal to the rent paid for
the last month of the fourth five (5) year Extension Term.
7. TENANT shall use the Leased Parcel for the -purpose of
constructing, maintaining, and operating a communications facility
and uses incidental thereto, consisting of )a) a building or
buildings as necessary now or in the future to shelter
telecommunications equipment and related office space, (b) a free
standing monopole or three sided antenna structure with a total
height which in no event shall exceed two hundred fifty (250) feet
without the express written consent of LESSOR, which consent may be
arbitrarily withheld, and (c) all necessary connecting
appurtenances. TENANT may modify its antenna -structure (but not
the total height of the structure) or building;s(s) but only with
the written consent and approval of LESSOR, which consent shall not
be unreasonably withheld or denied. A security fence consisting of
chain link construction or similar but comparaW a construction may
at the option of TENANT he placed around the perimeter of the
Leased Parcel (not the Access Parcel). All improvements shall be
at _TENANT'S expense. LESSOR grants TENANT the right to use not
more than twenty feet (201) of the LESSOR'S land adjoining and
adjacent to the Leased Parcel and the Aec(:ss Parcel as is
reasonable required during construction, installe.tion, maintenance,
and operation of the Communications Facility. is TENANT desires to
use any additional land beyond the twenty f6et (201) provided
herein, TENANT may do so, but only with the prior written' consent
of LESSOR, which consent shall not be unreass�nably, withheld or
denied. TENANT shall maintain the Leased Par -_el in a good and.
functional condition clear of all debris, -.:rash, weeds, and
unsightly items (not screened from LESSOR'S adjoining property).
TENANT shall not engage in any act on the Property which
constitutes a nuisance nor shall TENANT permit others to do so.
TENANT shall cause the Property and TENANT'S u.;a thereof to be in
full compliance with all governmental approvals and requirements.
Notwithstanding any other termination'rights a;railable to TENANT
under this Agreement, TENANT, at its sole and absolute discretion
shall have the right to terminate this Agreement with ninety (90)
days prior written notice to LESSOR and a lucnp sum payment to
LESSOR in an amount equal to six (6) months rental at the rate in
effect at the time of termination. Notice of th TENANT'S exercise
of its right to terminate shall _begiven _to.LElssoR in writing_bp
certified mail, return receipt requested, and ;shall be effective
upon receipt of such notice by the LESSOR as evidenced by the
5
IIO'd Lt9Z# Mono RMOYO P46813199 9T%9T OOOZ,6Z'992
return receipt. All rentals paid to said termination date shall be
retained by the LESSOR. Upon such termination, this Agreement
shall become null and void ,and all the parties shall have no
further obligations, including the payment of money,. to each other,
except all indemnifications of LESSOR by TEPIhUT shall survive
subject to a limitations set forth in Section 8 of this
Agreement. In no event may TENANT permit any tether party to co-
upon the Property without the written consent of LESSOR,
which consent may be withheld by LESSOR in its sole discretion.
Notwithstanding the above, the consent of LESSOR to another party
co -locating upon the Property will not be withheld or denied if
TENANT agrees to modify this Lease in writing to increase the rent
to be raid by TENANT to LESSOR by an amount which shall be equal to
of the monthly rental income to be paid
by the co -locating party to TENANT pursuant to N..itten co -location
agreement between TENANT and the third party co -locator, which
additional rent payments shall commence upon thu later of (a) the
thirty-seventh (37th) month from and after the Ce mencement Date of
this -Agreement or (b) when the ' third party "cc -locators'
installation of equipment commences, and continuing thereafter
until the earlier of (a) the termination of this Agreement or (b)
the termination of the applicable co-location:'agreemert. It is
understood and agreed that TENANT'S ability to use the Property is
contingent upon its obtaining, after the dxecution of this
Agreement, all certificates, permits, and other ;zpprovals that may
be required by any federal, state, or local authorities. LESSOR
agrees to reasonably cooperate with'TENANT in its efforts to obtain
such approvals for TENANT'S use of the property and LESSOR agrees
to sign such documents as are customarily and r,3asorably required
to enable TENANT to file applications with appropriate governmental
authorities for the proper zoning of the Property as required for
the use intended by TENANT. TENANT shall pertbrm all other acts
and bear all other expenses associated with any required rezoning
procedure. LESSOR agrees not to register any written or verbal
opposition to any TENANT requested rezoning of '_he Property.
8. TENANT shall, indemnify and hold LESSO.:Z harm -less against
any claims of liability or loss from personal :.njury or property
damage resulting from or arising out of the use and occupancy of
the Property and/or any adjoining property by the TENANT, its
servants or agents, excepting, however, such claims or damages as
may be due to or caused by the acts of the Lessor, or its servants
or agents. This paragraph shall survive any kprmination of this
agreement for a period of three (3) years frbm and after said
termination.
0
ZTO'd LP9Z# WOO HM010 H668TZT99 PT:BT 000Z.6Z'93d
i
9. LESSOR agrees. that TENANT may self -insure against any
loss or damage which could be covered by a r:ommercial general
public liability insurance policy as long as TENiWT has a net worth
of at 'least' $100,000,000, but otherwise, TERIANT shall provide
commercial general public liability policy in i,n amount not less
than $3,000,000 single limit coverage naming Lessor, Tenant and
Metropolitan (as long as the Metlife Mortgage is a lien on the
Property) anL shall furnish a certificate of. insurance by the
insurer's ag.nt addressed to LassoT n Metlit'e evidencing such
coverage and providing that such Lasso
may not be cancelled
without at east ten (10) days advance writ3.en notice to the
addressee. T ie.self insurance right does not a�jF)ly to any asssign
of TENANT. d � �#W^ t�) oh1 ,\ � 116.nc�% �
10. TENANT shall.be responsible for making any necessa
returns for and paying any and all property taxes, separately
levied or assessed against its improvements on zhe Property.
TENANT shall reimburse LESSOR as additional rent for any increase
in real estate taxes levied against the Property which are directly
attributable to the improvements constructed by TENANT ani are not
separately levied or assessed against TENANT'S 'improvements by the
taxing authorities.
11. TENANT upon termination of this Agreaueat, shall, within
a reasonable period, not to exceed forty-five (4S,) days, remove its
personal property and fixtures and restore th* Property to its
original above grade condition, reasonable wear and tear excepted.
At LESSOR'S option when this Agreement is terminated and upon
LESSOR'S advance written notice to TENANT, TEILIXT will leave the
foundation and security fence to become property of LESSOR. If
such time for removal causes TENANT to remain on the property after
termination of this Agreement, TENANT shall pa:y rent at the then
existing monthly rate or on the existing monthly pro rata basis if
based upon a longer payment term, until such timO as the removal of
personal property and fixtures are completed.
12. Except as to any transfer of title incident to any
foreclosure or deed in lieu of foreclosure of the Metlife Mortgage,
should the LESSOR, at any time during the term of this Agreement
decide to sell all or any part of its real property which includes
the Leased Parcel or the Access Parcel thereto terra purchaser other
than TENANT, such sale(shall be under and subject, to this Agreement
and TENANT'S rights hereunder. LESSOR agrees qst to sell, lease,
or utilize any other areas of LESSOR'S larger parcel of which the
Property is a part for the placement of other communication
facilities if such installation would unreasona::Ply interfere with
the facilities utilized by TENANT upon the Property.
13. LESSOR covenants that TENANT, on paying the rent and
--Performing_the_covenants shall peaceably and quietly have, hold-,
and enjoy the Property.
E10'd L69Z# wo.0 NMOU3 De6681Z194 S1:81 000?.6Z'833
14. LESSOR covenants that LESSOR is siized of good and
sufficient title and interest to the Property and has full
authority to enter into and execute this Agreement. LESSOR further
covenants that there are no other liens, judgment, or iapediments
of title on the Property except the Metlife Mointgage.
15. It is agreed and understood that this Agreement contains
all agreements, promises, and understandings bets✓een the LESSOR and
TEMANT and that no verbal or oral agreements, premises, or
Understandings shall be binding upon either the ]LSSOR or TENANT in
any dispute, controversy, or proceeding at law, and any addition,
variation, or modification to this. Agreement shall be void and
ineffective unless made in writing and signed b;!r the pa_-ries.
16. This Lease Agreement and the rierforman::a thereof shall be
governed, interpreted, construed, and regulated by the laws of the
State of Florida. The pa. -ties agree that pra;2er venue for any
action which may be brought hereunder shall :ae St LucieCount
Florida, and both parties hereby consent to the j>;risdiction of the
cou--s of Martin County, Florida for the resolu!:iori of any matter
pertaining to this Agreement.
17. This Agreement may he sold, assigned, or transferred at
any t'_me to TENANT'S principal, affiliates, or subsidiaries o= :ts
Principal or to any company with which T:PISiT is merged or
consolidated without LESSOR'S consent or approi^al. As to other
,parties, this Agreement may not he sold, assigned, or transferred
without (a) the written consent of the 'LESSOR, which consent may
not be unreasonably withheld or denied, ad (b) '::or as long as the
Metlife Mortgace remains a lien en the Prcrerty the written consent
of Metropolitan, which consent may not he unreas-naBly withheld or
denied,
18. • All notices hereunder must be in wr_::ing and she!--. be
deemed validly given if sent by certified maij., return receipt
requested, addressed as follows (or anv other address that the
Party to be notified may have designated to the sender by li--
notice) -
LESSOR: Hecker Eolding Corporation
Suite 201
660 aeachland Boulevard
Vero Beach, FL 32963
TES'": BellSouth Mobility Inc.
5201 Congress Avenue
Boca Raton, FL 33487
Attn: Network Real Estate Miinager
6TOA 09Z# HN00 NMo117 9MGTZT99 5T:87 OOMU'933
METROPOLITAN:
Metropolitan Life Insurance
8717 W. 110th Street., Suite
overland Park, Kansas 66210
Attention; Vice President
WITH COPY TO:
i
Company;
700
Metropolitan Life Insurance Company.
4427 Garwood Place
Richmond, Indiana 47374
Attention: Manager
a New York corporation
19. This Agreement shall extend to and bind the heirs,
personal representatives, successors, and permitted assigns of the
parties hereto.
20. AT LESSOR'S option, this Agreement s:aalll, be subordinate
to any mortgage by LESSOR which from time to time may encumber all
or part of the Property, provided, however, cvery such mortgage
shall recognize the validity of this.Agreement in the event of a
foreclosure of LESSOR'S- interest and also TENANT'S right to remain
in occupancy of and have access to the Property as long as TENANT
is not in default of this Agreement.' TENANT:shall execute in a
timely manner whatever instruments as may reasotably be required to
evidence this subordination clause. In the event the Property is
encumbered by a mortgage, the LESSOR, no later than thirty (30)
days after this lease is exercised, shall have obtained and
furnished TENANT a non -disturbance' instrument in recordable form
for each such mortgage. The Metlife form Subordination,
Attornment, and Nondisturbance Agreement (attached as Exhibit "C")
shall govern Metropolitan and any - successors to the Metlife
Mortgage, any person• or. entity acquiring title to the Property or
any party thereof by reason of foreclosure or deed in lieu of
foreclosure qd the Metlife Mortgage and all :chose claiming by,
through, or under such person or entity.
21. If the whole of the Property or suchportion thereof as
will make the Property unusable for the purposes herein leased, are
condemned by any legally constituted authority, for any public use
or purpose, then in either of said events the term hereby granted
shall cease from the time when possession thereof is taken by
public authorities, and rental shall be accounted for as between
LESSOR and TENANT as of that date. .Any lesser condemnation shall
in no way affect the respective rights and obligations of LESSOR
and TENANT hereunder. Nothing in this provision shall be construed
to limit or affect TENANT'S right to an award of compensation of
any eminent domain proceeding for the taking of TENANT'S leasehold
interest hereunder unless it diminishes the a;iard to LESSOR, in
which case it shall be subordinate to LESSOR's interests.
510'd 09Z3 WK03 NM01I0 VE6691ZT99 4T:8T 000Z,6Z1933
22. LESSOR and TENANT agree that upon TENANT'S timely and
Proper exercise of the Option granted hereund4r, this Option and
Lease Agreement may be forwarded for recordiRg or filing in the
appropriate office of the county of St Lucie ant, LESSOR and TENANT
agree to take such actions as may be necessary to permit such
recording or filing.
23. TENANT, at TENANT'S option and expensa, may obtain title
insurance on the Property. LESSOR shall cooperate with TENANT'S
efforts to obtain such title insurance policy by executing such
documentation as shall be reasonably determined to be necessary to
clear title to the Property. If title to the Property is found to
be defective, LESSOR agrees to utilize diligeiet efforts to cure
such defects in title, provided, however, XJ•SSOR shall not be
required to file suit to clear any title defects: Should the
LESSOR fail to provide any reasonably reque::ted documentation
within thirty (30) days of TENANT'S request? or shall fail to
provide the re4uested nondisturbance instrument required pursuant
to. Section 20 of this Agreement, TENANT, at its sple option, may
cancel and terminate this Agreement or, at TENANTS option and at
TENANT'S expense, may proceed to cure any title defects.
24. If TENANT defaults in fuli
this Agreement and such default shal
after TENANT'S receipt of written not
nature of said default or, if the s,
be of such a nature that the same
remedied within such sixty (60) day
good faith commence the curing or re
such sixty (60) day period and shi
proceed therewith to completion wii
days, then in the event of any one c
shall be entitled to its remedies a
have the right to accelerate rent fc
term thereof, this Agreement shall t
fully and completely as if such wE
fixed for the end and expiration of t
then quit and surrender the Property
illing'any cf the covenants of
1 continue_or sixty (60) days
:ice from LESSOR specifying the
Lid default .so 'specified shall
,annot be reasonably cured or
period, if TENANT shall not in
zedying of such default within
611 not the_.eafter diligently
.hin one hundred twenty (120)
it more of such events, LESSOR
t law and izL equity and shall
it the remainder of the entire
.rmi.nate and come to an end as
re the day herein- definitely
his Agreement and TENANT shall
to LESSOR 4:a provided herein.
25. In connection with any litigation arising out of this
Agreement, the prevailing party, whether LESSOR c;r TENANT, shall be
entitled to recover all reasonable costs iliourred including
reasonable attorneys' fees for services rendered"in connection with
any enforcement of breach of contract, including appellate
proceedings and post judgment proceedings.
10
910'a L69Z# KHOO NMOHO 4E6681Z199 91:81 0009,6Z1993
26. In accordance with Florida Law, the :ollowing statement
is hereby made:
RADON GAS: Radon is a naturally occurring
radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels
of radon that exceed federal and state gumidslines have
been found in buildings in Florida. Additional
information regarding radon and radon tasting may be
obtained from your county public health unit.
27. LESSOR shall hold TENANT harmless Xom and indemnify,
TENANT against and from any damage, loss, expenses, or liability
resulting from the discovery by any person of La2ardous substance
generated, stored, disposed of, or transported t:o or over Property,
as long as such substance was not stored," disposed of, or
transported to or over the Property by TENANT, its agents,
contractors, employees, or invitees. The foregoing sentence is not
binding on Metropolitan and any successors to th(: Metlife Mortgage,
or to any person or entity acquiring title to the Property or any
part .thereof by reason of foreclosure or dared in, lieu of
foreclosure of the Metlife Mortgage and all Y:hose claiming by,
through, or under such person or entity, exccat for actions or
inactions of the person or entity subssquently'aaquiring title to
the Property. TENANT will be responsible for ax;y and all damages,
losses, and expenses and will indemnify LESSOR ac:)ainst and from any
discovery by any persons or such hazardous wastes, generated,
stored, or disposed of as a direct result of TEWMIS equipment and
uses of the aforementioned Property,
28. This Agreement shall be executers in three (3)
counterparts, each•of which shall be deemed an original, and such
counterparts shall constitute but one and the same Agreement.
11
LTC'd L49Z# RK00 HKOxo 9C6681?199 91:81 000Z.6Z'99d
IN WITNESS WHEREOF, the'parties hereto
and affixed their respective seals.
Signed,, sealed, and Delivered
in the presence of: "LESSOR"
witness
I)"?-
,_ j;t� m
.�
W ttlE ss
1,90
Printed Name
STATE OF FLORIDA
COUNTY OF ST. LUCIE
hove set their hands
BECKER HOLDING COetBORATION
OF
Printed Name
Title
660 Beachl`iand Blvd, Suite 201
Vero Beach, Florida 32963
Address
I HERESY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the C.buntaforesaid to
take acknowledgments, persona ly appeared �ANip / Err> sF
Who is known to be the `S' of SECPR
HOLDING CORPORATION. Be is —personally known to' :He or has produced
a valid Florida Drivers License as identification and did take an
oath, and he executed the foregoing instrument a.ad acknowledged to
and before me,that he executed the same.
WITNESS my haand official seal in the County and State last
aforesaid this /ygnn_ day of '7)EGE rm . , :,.998..
NOTARY STAA1P:
12
eira L99Z# MOD W40HO 4E66eTZT94 9T:9T Oo6Z.6Z•923
Signed, sealed, and Delivered
in the presence .of: "TENANT"
WitaeZ5 �_7
�� "
P ted N
�n--�--
4litness �•.
Printed Name
STATE OF FLORIDA
COUNTY OF Se srdeEL; Ina, --A
EL MOBILIp!Y INC.
By:
FEZ P A6Cyd6✓
Printed 'Name
V �CLr/�iPL�0271.�
Title
5201 Congi:ess Avenue
Boca Rat4# Florida 33487
Address
I HERESY CERTIFY that on this day, before m1e, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared
who is known to be the gELLSOUM
MOHILITY INC. He is personall known to me or h:Rs produced a valid
Florida Drivers License as identificat on and did take an oath, and
he executed the foregoing instrument and acknowl� edged to and before
me that he executed the same.
WITNESS my hang§,and official seal in the Cotenty and State last
aforesaid this Z? day of '1998.
6i0'd 09Z#
NOTARY SLIC� TE OF PLORIDA
AT LARGE.
PRINTED NAME OF 1�uTARY
NOTARY STAMPS
13
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EXHIBIT 'B' .
DESCRIPTION OF LEASE PARCEL
A parcel of land being a portion of the West 1/2 of Scction: 1, Township
36 South, Range 38, East, St. Lucie County, Florida, lying Nq^th of State
Rood 70. said parcel being more particularly described as follows:
Commenclni at Florida Department of Transportation (F.D.O.T;) centerline
P.I. station 248+43.561', as shown on 1F D.O.T. right of way (r1w) map of
State Road No. 70. Section No. 9403D-1505, dated 8/97. pnlceed North
67" 21' 47' East alone) said'eenteriine of State Road No. 70 a distance
of 78.11 feet to a point on the West line of ,the Southwest t/4 of said
Section 1, as shown an said F.D.O.T. r/w mop; thence North )0' 34' 35"
East along said West line of the Southwest 1/4 of Section 1 d distance of
406.58 feet to the West 1 4 corner of said Seetlon 1, as slu)wn on said
F.D.O.T. e/w map; thence orth 00' 28' 55" East .along the %Pest line of
the Northwest 1/4 of Section 1 a distance of 2584.03 fact: Utance South
89' 44' 13' East a distance of 118.00 feet to the POINT Of' BEGINNING:
thence South 89' 44' 13" East' a distance of 150.00 feat: thence
South 017 28' 55" West a distance of 150.00 feet; thence With SW 44'
13' West a distance of 150.00 feet: thence North 00' 28''55' Cost a
distance of 150.00 feet to the POINT OF BEGINNING.
Containing an area of 22.500 square feet.
DESCRIPTION OF LMLCTY EASEMENT
A parcel of land being a portion of the West 1/2 of Section 1, Township
36 South, Range 38. East. St. Lucie County, Florida. tying North of State
Road 70, sold parcel being more particularly described as follows:
Commencins at Florida Department of Transportation (F.D.O.T) centerline
P.I. station 248+43.561 as shown on F.D.O.T. right of way (1/w) map of
State Road No. 70,' Section No. 94030-1505. dated 8/97. proceed North
67' 21' 47' East along said centerline of State Road No. 7C a distance
of 78.11 feet to a point on the West line of the Southwest '1 /4 of Said
Section 1, or, shown on said F.D.O.T. r/w map; thence North 00' :54' 35' East
along said West fine of the Southwest 1/4 of Section 1 a distance of 391.93
feet; thence South 89' 46' 00' East o distance of 68.00 feel to a point
on the East r/w line of the Header Canal, said point being tt.e POINT OF
BEGINNING: thence North 00' 34' 35" East Wong said East r/w line a distance
of 11.06 feel: thence North 65' 19' 45' East o distance of 71.18 feet: thence
North 19' 18' 43" East a distance of 40.10 feet; thence North 00' 53'
04' East a distance of 1522.70 feet; thence North 00' 28' 55' East a
distance of 847.06 feet: thence South 89' 44' 13' East a dts hce of 10.00
feet: thence South 00 23' 55'-West a distance of 847.14 -eet: thence
South 00' 53' 047 West a distance of 1524.36 toot; thence South 19' 18'
43' West a distance of 45.97 feet; thence South 65' 19" 4$' Wirt a distance
of 80.15 feet to the POINT OF BEGINNING.
Containing an area of 24,893 square feet, more or less.
Bell Wdh Mobs ty - W. Widway-M
MUM B. ZentZ & Associates, Inc, Aix
T Land Survey Servicee 100-018-
COMWE of 4lAMMUION (ts1 " sea �%I
dot
953 Old Dixie Highway, Suite B-4 �Jj✓�8/18 98
Vero Beach, F1 329SO
V2 Phone: (561) 567-7552 euuur a zavrZsrrsn ov
Fax : (561) 567-1751 Src= 1 3
TZC'd L69Z# MOD NMo1lo IlC66BUT99 L1:13T 0002,6Z'893 j
EXHIBIT 9B"
DESCRIPTION OF ACCESS EASEMENT
A parcel of land being a portion of the West 1/2 of..Section 1, Township'
36 South, Range 38, East, St. Lucie County, Florida, `lying North of State
Rood 70, said parcel being more pOrticulorly describecl as follows:
Commencing at Florida Deportment of Transpportation (F.D.O.T.) centerline
P.I. station 248+43.561', as shown on F.D.0.T. right of way (r/w) map of
State Road No. 70. Section No. 94030-1505, dated C /97, proceed North
67' 21' 47" East along said centerline of State Rood No. 70 a distance
Of 78.11 feet • to o point - on the West line of the Sou thwest 1 /4 of said
Sec35� East
along saion d Shown as dr/w map; thence West line of theSo Southwest 1/4 of Section North
distance 4,of 406.58
feet to the west 1/4 carrier of sQid Section 1, as shown on said F.D.O.T.
r/w mo ; thence North 00' 28' 55 East along the Wesi line of the North—
west 1/4 of Section 1 o distance of 2554.03 feet; th•ancie South 89' 44'
13" East a distance of 118.00 feet to the POINT OF BEGINNING; thence
North 00' 28' 55" East a distonce.of 20.00 feet; thence South 89' 44'
13' East o distance of 1687.05 feet; thence South 00' 55, 35" West a
distance of 2048.21 feet; thence North• 53' 28' 09" West a distance
of 64.90 feet; thence North 870 24' 31" West a distance of
195.99 feet; thence South 20' 33' 47" West p distance of 59.21 feet;
thence South 83' 51' 02" East o distance of 113.56 feet; thence South
05' 44' 44" East a distance of 240.73 feet to a print on the curved
right of way (r/w) Ifne of State Rood No. 70 (140 foot r/w), said curve
being concave Southeosteriy, having a radius of 5799.58 feet; thence South—
westerly along the arc of sold curve a di$tonce of 20.::0 feet, curve
being subtended by a chord bearing South 76' 14' 21' West, 20.2_sold old feet;
thence departing from said curved r/w line, North 0 44' 44' West a
1distance of 227.32 feet: thence North 1
23.13feet; thence eNorth20' 33'47" East a d sritarite, of 9 54Cfeet-,
thence South 87' 24' 31 " East o distance of 216.64 feet; thence South
53' 28' 090 East a distance of 32.08 feet; thence North 01)r 55' 35" East
a distance of 1989.06 feet; thence North 87 44' 13" West a distance of
1516.89 feet; thence continue North 89' 44' 13" West o : iistance of 150.00
feet to the POINT OF BEGINNING.
Containing an area of 87.652 square feet, or 2.01
acresi
0=00M Mowry - W. Midway-M
William B. Zentz & Associates, Inc.
— - Lead Survey Servic&a
wrmrart OF samosa IM can w. sew
953 Old Dixie Highway, Suite 13-4
Vero Beach. Fl 32M
Phone; (561) 567-7552
Fax : (561) 567-17S1
more or less.
faa-o1a
SEE SH`t ZT 1 _
FOR CERTF ICATION °"�
B/18/98
sNrn or
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EXHIBfF 'W
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Vffmm B. Zentz & Associates. Inc.
t
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EXHIBIT C.
S
I
• •' l .IJ r• ❑• .la
v Aso
D ON —
M
8�1'e �• a New YM* fxapprj =
OvnleadPx*.Kum 66210
Atteem4 tee P:asideat
vith A 4m to.
4427 �d PJ Iauratla Cale�ay
Pym
Rkh=ad. 1mrs— A7374
Attu; Md=&go
T== a AA- &vm Bdkvah MabMy I=
a33m
Aamdeo; Nawodc Rest Fire M =W
r m«a g Addhm B -
Suite -201j
660 Beachland Boulevard -
Vera Beach, Florida 32963
Lem A Ste ttmstgage � inthe at1¢ioel
6= Ba�deiy to Lad ic& =amt of S16,000,0OO.Oh
vw
PZ0•d OM WKOD MMOdO 7f668TZT99 LT:81 0M.W921
09-M-1998 14:36
Nags A Tbud Rneewal/Flat Nocemeuted eby Laadlmd ht twor'itf B=Wcbjy n the
amount of I . dmd u amoof
ftWOW S, 1997.
Deal of Tttndt An Ammdad assd Raddled Aeoewd Mmtepaga, Security Agnm= dad ku"aer
AgV==datedasofFebamy5, IOW UX=dbyLandlordfor thebm_olofDamaw -W
ropsyaxm of the Nam dad moosdsd in dw motgda of the C%M.In which q, Property is mearod
I.ea.a and Laaae 1� 2he t>pstoa and fatx Agwmoat aatand hno by ljaididad dad Team datr,d
as of 3m wve ftft pmnbm.
Faspeaty: The Ptopeity i, macs patdadmjy dtynibtd am Hahsia�Q, '
P. 03/08
TEE MBOIlDIIt =ON, NONIDZgl EMUMM : AND AITORKMV P
AGREM W (the 'ASreenimx') is mode by and amos>s Tong, Load wl •imd Bmmr=w aed affaa
die Propm deviceibed In ldft , Certain 1� wed In thla Ate! we dc6md in the Defined
rame.'t'bj6 Agreemam la ato as nt tha l�aepdoes Dam whh rsietaaai m @�e fo11ow1og hwa:
A. 140Sad ma Item have coated ion the Leta oaveWS tench was locdod is
acid upon the Ptrope:sy (,he tea•).
B. Bftddaey boa made m Is maidryj dw Lan to Landlord evM=W by don Mo.
The None I: mun4 amoot Oder daeumm, by ate Mw*p.
C. IAedtOsd, Tomm and B=WAsy aH with to niboiOm the Lase to die Hen of
the Monpae.
D, TO= has aegoeaud due " not to &tub Temmt'a A a in rho
Prtm3eea p+aaiuot to doe lee in de evead HmeCiwty�aea the Mastgs}�. or - quhm doe Psopmty
Pam= to the am= A POW of we casatiiaed b the Moths or mVival O uaader of the l by
a conveys w hs Hen of 6rawu me of to P:op fty (aria lvaly, a Toned mx Salem) bur onty Tim
b na then he dd a t adder the Lee and Tamar am= m BendWAry ar a thhd p M piachsaat at the
pma*snre Sda (a-Fwmlonse Pt olw-).
5.
NOW THEMOM in comma of die p ugme and she muted oov=mb
cotaalud b=m, do pnda apa at ioHows:
1. , Tlr LAW and the balbdd aeon e:isftd by ffie Lyae and aH of
Toma's rWO tinder the Lease sm and ahatl samda A* dbft to die M.&AP a and the Ilea of the
11
and a medal moot rbe Mortgage y u the ldmta�n ud to au aeoewaL� modieraGont
Law am rho stw affi >�"Lau brave boon off wo Won OWL. v be auww 0 Bonefshry
Y scaA ft far am Loan. Is the Crass the BaaClWAW oedfla Team of a dablAt uud r the A a�J and
SMCeJc= Z'qnt So pay ka Ind add as a*= sums din naft the lAmm to jwjjw fty, Te pay
Wl]7 atone ditty co Bmdx}ary or Y >hmepe�rlr per' adtorwhe ftqu=L (b) Tenaffi aha11 NDd a t6py OL
a� itatiCL Ot'autauaatttoder the T lw loBCatfidtuy al shi 7law atmdo arch mdco or
son.
SZO'd L"?# XKOO NMOito tC660IMS BT:BT OOOZ.6Z'93d
I �
t
84:-3�-1898 14:39 P. 00/08
' 1
to I Andlaad: (e) This Agr== fratmu my cmam or ra ot=vm is flfa Lease mhfigg to
the pomft of a amdbabame lWameaL
9. �o�eclot�notadSale.lalhee►�meo[aPataloWtoyde,
(a) So as Tease mmpU Wm fhlt Aggam= and it sot bt ddoah
vadra aW of fbe ptovhimt iba Learn, fbs Lace da =gbmc k fA max sad e>fea a a
ea dblace hawtia Bmd*W ad Tar ^ am BaaWWkW WM alt dimab fho paaamlat of
Town. a moo to fZt4 Ave mm:L Teoam agm to aaom fo and 004P BWAAc sly as l6diad
coder dry Law aed m ba bomfd by hod pea I n all of din bl=cd by do Low.
Up 0 BMtfidM 6 Mgdddm of axle to the ptopM. I watt patibam W of do
obllgloaa bapeard oa mbee LmLosd by the imb exale a mt foadf fn d* AING=d p ovidod,
+.d= 3=06= [« a�Jt trot 6e plFthlt _W so or om bdm of a poi« Lindblad
G mg k to o(flda «derma m mu Tatrat baw #skim af,y
lbave pahlnaabsom to LV f «(bu=UW �1sf�olcp�porbddoftm of
t3 mw � ciataigg Q�toknaid�tk « tum�j�MYresmu uuy bavo �!d is
de4• a:ai t at tetfahrdefa of fhe caw >1Lfle (IV)
to wttaNn coon of
M obliged a Uble wA ropoet io say npoeamdon, «imdamhla.« otdiyfaiom
to elste NO caoahred In fife Lmm, (vi) bound by mW ommu d m' a> oaeoaabt6 vanuo «
yur>,dredoas (t f:ana by &W so ]imv motWo 40 Tesaot my subdivt+Ioa, man Chop of mm of ft
belw rb ofof thoe ' cooma
ma m pawltiM of MW otbUNA�er aea w g
whiee is not meered imo by BeaeGcbry,
dau eao(b) a braem Y a m �� a%z a paw.3 mm Sob, the
Poft bm=LsndlaodWA Tmm, ex;* as art maftfa tbh Atet�rra. � � �a m of w
I.esra.
W Noo tbattadbfg•a�r P of d* Lam'so fbe caaaaiy from tod
aft" She date f> Bn dckW oegohea floe to doe IPSomw as a Mali of a pa acbpie Sak, (i)
BemBaiaty avid mot be obligated to a* mask{ to aasmm etowiry dtaatge to teem of
rabble 6maranoe p meeeda, N atfy, (14 tatmt" m have me dg6c ib mt1Q and deduct
the coo of ouch repdaa ham fbo tad wafboof a Jtdldal detaTo�tica toot b o deSo13
of ha Owing= tinder tboLana; UlD
my wb�tmmta of to m oom of Teoatd In avmt win D be ONIM d to
matauaty Tama, eseept whore 8oa�daty b m bomeb of bb omkoloa nodes fbe Lease or
oad (v) ca = dan dmmdubn o[ L markzt vise, ;;dig un m i ft Lace dM be objea
fo mtkadcu uofea 8aa &my aad?taaat¢agem fo tabmh a pottlwlm+dlaptut to mbif mdm
else Labe shalt be amomad^u* as sea � hhadaa the piape:ey as a seeuk ad a Fcaecbme Sde,
4. 8nbotdlntEos sad Yalmr lam. o ropmoM dot S hu no
BaaBahr °r optloa of rrc al to p L basso me aaopatfy oe say pathos Property or aqy l in fhe
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(TO SUBORDINATION, NONDISTURBANCE
AND ATTORNMENT AGREEMENT-)
.PARENT, TRACT
•AND RECL1fl17i'0 IN OM44 fie=DS•BOCK 42J ;PAW 266, 'Sr 'Cm= ca,wm fIORIDA PU9GC REC&OS
That part of "the .West ..vz of, Section 1, lying North of
State Rood '•70, Township 36 South, Range 38 East.
containing 149 acres. morn or Q.
I
r.
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Site ID No. W. Midway
BellSouth Mobility Site
EXHIBIT B
COPY OF THE UNDERLYING DEED
10
— V J
�'ni���"' ",Ccrawo • 64 140
WA 1129-ag O Bets. &.a..ld ,w 16"1&..i �+�j+ . A. D. w. 84 . b
AICHARD V. ONCASS,,
lrn a.wa r eaCRER COLDZNG CORPORASZON
U. U P. O. sox 3306, Ft. ?Lose•. Florida 33410
�wa�cry 7Lr Jr w.Y /rl �.wp. � •.d w w..i.•nw •( J.. w { 1 10. 00-��•�.�-•
M L..! OW Lr A- -9 .od r•wr. 46 w do aLg..i I. L.g4 kim.16 j /w i -41 P-dr w•
L...1 qw-j ...r A. —.i.W" rb 16 .r..2 d: waLL WL' w...a 160a .ai J..J aQ h
A..d ilw, r..n A....{r IL. Aa...w 1a.6.1 Iw- .d { 6.4...rsn, how .1 6.64
w A. C..p { at. Lucia 3" .1Florida .w•.e.
-_Ln
That part of the Nat 1/3 OU Section 1, lying;
Ei
North Of Etats Woad 72, iglsalP 35 ROuth, PAA90
m
IQi
ti 38 list, containing 149 Acted. Nora or less.
~s EOL'aS®I wars all budding•. ■truetures and par_
O�
a. aaa.atly Lo.tall.d .eais�t .Ltaatal a. .ald
ProvatSy and any aasaarnta anuirtanant to said
LL
DCQP" lot ingress,, egsoas, draloaga CC otber
Pnr}po.as.
q
of
{ 90'6TECT TO AND TEE SECORD ?A=r Asswim AND AGREES
7
s SO VAT TUT CXftA=. xOFtLCA= !roo 110Eard M. sacker
_e
and Lillian x, bar.2cer, his wile, to the ,Moral
ultr Land Bank of Colusbia. Colaxbiat south Carolina.
1_ dated
O
fatesbar S. 1979, and reoosded in Official
p.r,aai:a
9 . Public iaoeroC
�acesdi77fPage 799
f
Lucia ?loaia�.era payment
6! a [ oftba
$7,330.00000.
Principalam of
/*FES -3 FN 4, 15
64.2140 nrr..r.
•awL,..Ri .a .1 rwa..l. N..r aIL d r
L'}•'ews . w ao. +..+me...t .E IL..Ida pwtA aIL. w..r. Il.a ;;;A;1d.a. ft"
s -1 L6 "W Of bw imwir.�awar
L I. L.... Y d. -6 ...+...
agnp
W fa�Olr 11 -. i !a. rh L..M.f wJ w.W dL w . b J. Ls .1 a..
few aaaat
EL
fT.n w naa+n. 1 ,
COUNT, Or ST. LUCZE i
r Haar Dann n.I ..a +m >•+.. a .
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311CSARD E. atCt=
fr.ar V ..r -.. —..
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e
..r a. -.id:<
%3i/...a.l'"� 1p RRUCE R- as RAntitB, JR.
,fya 31L S. 2nd str..t, ►t. pLirds, FL. 33490