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HomeMy WebLinkAboutMEMORANDUM OF LEASE7 e-( I /kr�? °d When Recorded Return To: . Indeoamm Global 2SeNICaB 925 Country Ddve Sf, Paul, MN 55117 Prepared bvaad�taEa.tat American Tower 1C Presidential Way Woburn, MA C1801 Attn: Land Management/Matthew Kwasman, Esq. ATC Site No: 2723 ATC Site Name: Rim Ditch (FL) Assessor's Parcel No(s): 31-11 I47-C_- S a5r)LE- Pt. SCANNED BY St. Lucie County MEMORANDUM OF LEASE This — Memorandum of Lease (he "Memorandum") is entered into on the 16 ' dby of . 201by and between Adams Ranch, Inc., a Florida corporation ("Landlord") and American Tow , LP., a Delaware limited partnership ('Tenant'). JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 3966640061IM014 at 09:35AM OR BOOK 3643 PAGE 2376-2361 Doc TYP: MEMO RECORDING: $5250 NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s). 1. Parent Parcel and Lease. Landlord Is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the "Parent Parcer). Landlord (or Its predecessor -in -interest) and Tenant (or its predecessor -in -interest) entered Into that certain Communications Site Lease Agreement (Ground) dated January 19,1998, as amended by that certain Addendum to Change Lease Area dated June 30, 1998 (as the same may have been amended, renewed, extended; restated, and/or modified from time to time, collectively, the "Lease"), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access, public utilities, guy wires and guy anchors, all as more particularly described in the Lease (such leasehold and easement rights and interests, collectively, the "Leased Premises"), which Leased Premises is also described on Exhibit A. 2. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained In the Lease, the final expiration date of the Lease would be June 30, 2053. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease. 3. Leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the Lease, to cause an as -built survey of the Leased Premises to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as -built survey. Upon Tenants request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, amendments to this Memorandum and to the Lease. Site No: 2723 Site Name: Rim Ditch (FL) I 4. Right of First Refusal. There is a right of first refusal in the Lease. 5. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms; provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum. 6. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by . nationally recognized courier service, or by First -Class United States Mail, certified, return receipt requested to the addresses set forth herein; To Landlord at: P.O. Box 12909, Fort Pierce, FL 34979, To Tenant at: Attn: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn Legal Dept.116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior written notice to the other In the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 7. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall. be deemed an original and all of which, when taken together, shall constitute one and the same instrument. B. Governing Law. This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Leased Premises Is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. [SIGNATURES FOLLOW ON NEXT PAGE) Site No: 2723 Site Name: Rim Ditch (FL) IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day first above written. LANDLORD Adams Ranch, Inc. a Florida corporation Signature: —s'*-b ___s. ,/' / &.� Print Name: iM!,kA. ( L. A et—s Title:�f- Date: WITNESS Signature:. VuWw A -c' Print Name: Oconnc, F'AnmP(1d% Signature: '-10 Date: !l- O I - IW t ee/}Y? YI A • St nn,tAa tl� WITNESS AND ACKNOWLEDGEMENT State/Commonwealthof rLocida- County of 4�4. /A t e i e— On this 154- day of POn'I .201_4 before me, the undersigned Notary Public, personally appeared AA;earl L.Adainr . personally knowntome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the'within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. 01,,,,, �e'Av'ry� Stacey Schaefer 00MISSIOUFF049901 %AP EVIRM:AUQ.29,2017 ' ',,,°.,u/ IN IVAMOMNOTAidsam Notary P lic n Print Name: Jlnca. VcAackr/ My commission expir ss: ff� [SEAL] [SIGNATURES CONTINUE ON NEXT PAGE] Site No: 2723 Site Name: Rim Ditch (FL) TENANT American Tower, L.P. a Delaware limited pa Signature: Print Nam Title: ___; Date: Commonwealth of Massachusetts County of Middlesex WITNESS Signature: Date: WITNESS AND ACKNOWLEDGEMENT On this }C( day of 2014 before me, the undersigned Notary Public, personally appeared M nc� L1 personally known to me (or proved to me on the basis of satisfactory evidebe the p rson(s) whose names) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s) on the instrument, the person(s) or the entity upon which the person(s) acted; executed the Instrument. WITNESS my hand and official seal. No a ublic Print Na e: I,, My commission expires: 4� [SEAL] NICOLE C. MONTGOMERY NotaryPubib (VAS Commonwealth of MossachuseNa L VCom 120ntbpbes Apr Site No: 2723 Site Name: Rim Ditch (FL) EXHIBIT A This Exhibit A maybe replaced at Tenant's option as described below PARENT PARCEL Tenant shall have the right to replace this description with a description obtained from Landlord's deed (or deeds) that include the land area encompassed by the Lease and Tenant's improvements thereon The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described situated in the County of St. Lucie, State of Florida, being known as St. Lucie County APN: 31-11-122-0015-0003, and being better described as follows: Alt that parf of Section 11. Township 36 South; Range 37 East, &ins North and West of State Rood 70 Okeechobee Road), St Lucie County Flonea AND Comm mooing of the Northeast comer of Section 10, Township 36 South Range 37 fast, for the point Of Begummg, run West olong the North tine of said Seotron 10 3,400 feet, more or less to o paid which tics 50 feet Eoat of the cenicrLno of o Pmate existing Conti& thence turn and run Southerly along a.lmt, parohet to and 50 feet Easteriy of smd canal conierh7w to the pant where sold hn9 wivirseces with the North tight of way 4r Sidle Rood 70 (Okeechobee flood), thence run Northeasterly along said right of way l/ne 3 440 feet more or less, to the Edst hne of sad Section 10 thence turn and run North 1.250 feet more or less. along said section time to tho Point of 8ognnmg LEASED PREMISES Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-builtsurvey conducted by Tenant The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements and easements for guy wires and anchors existing at the time of this Amendment (such guy wire and anchor easements shall be 10 feet on either side of existing guy wires and running 20 feet beyond each guy anchor and may be used by Tenant to access, repair, upgrade, maintain and replace such guy wires, anchors and'fencing by Tenant). The Square footage of the Leased Premises shall be the greater of: (1) 10,000 square feet; (ii) Tenant's existing improvements on the Parent Parcel; or (Ili) the legal description or depiction below: 7000 FEET x 1006 FEET LFASE ARFA lying within the foeowrng descabod parent tract All that port of Section 11. Townshy 36 South, Range 37 Cast &mg North and Neat of State Rood 70 Okeechobee Rood), SY Lucre County Hondo ANO commencing at the Northeast comer of Section f0, rownship 36 South Range 37 East for too Point of Beginning run West along the North line of said Section to, 3.4m reef, MOM or toss to a Point which ties 50 feet East of the eentedme of a pnwte emimg canal. thence turn and run Souther& along a twit, parallel to and 5o feet Eastorty of sad cant centerlina to the point where sod line intersects with the North right of Noy of Skate Rood 70 (Meachobee Road), thence run Northeasterly along sod right of woy hne 3 440 test more or less, to the East hne of sod Section ?A thanca turn and run North 1 250 feet more or less along gad mahon fine to the Point of eegimmg Bang mare PortiooluHy described as follows Begin at the Southwest comer of said *1000 feet x t000 feet lease area said Pant of Beginning fins 670 feet more or less Northwester& of the physical ccoterkne of State Rood 70, said Paint of 8oginalf being further referenced by the following points 1) o lighterwood post located at the monumented & accupied Northeast comer of said Section to lies N 25'10'24' W 45750 feet from cord Point of Beginning 2) 0 4' x 4" canerete monument localed of the Point of Intemechon of State Road 70 (Basehne Station 303+93 10 os shown on Right of Woy Nap Section 94030-2512 doted 7-30-79) Les S 62'J348' W 693383 feet from sold Pant of Begmwng - Thence leaving said Southwest corner and ,Paint of ftu ning run N 6W5631• & too 00 feet, Thenea run N 2t'0329' W 10000 feet, Thence run $ 6WS6'3Y W 10000 feet thence run S 21-03294 & 10000 feet to the Pant of Beginning contorung 10 000 square feet or 02295 ocma mare of lass Site No: 2723 Site Name: Rlm Ditch (FL) ACCESS AND UTILITIES The Access and Utilities Easements include all easements of record as well as existing access and utilities currently servicing the Leased Premises to and from a public right of way, Including but not limited to the following: 3000 FEET WIDE INSRESS/EG'RESS & urg,81' EASEMENT lying within the following described parent tract All that part of S4aboo 11 70"5111P 36 South, Range 37 East, lying North and West of Moto Rood 70 (Okeechobee Rood), St Lucie County, Rondo AND Commencing at the Northeast comer of Section la Towashp 36 South Range J7 East tot t1N point of eevrmag, run Wont along the North fine of said Scores 10 3,400 feet mare or leas to a pant which has 50 rest Ead of the eenttHme of a Prnote exefmg Carol thence turn and ran Southerly Olong a line parallel to and 50 feet East" of sad rnnal cenferlm4 to the point While gad Ithe intersects with the North right of way of State Road 70 (Okeechobee Road), thence run Narlhaoatedy along smd right of wry fine 3440 feet, mu, or toss, to fie fast line of said Sbct!an fa thence bum and inn North 1.250 feet more or foss otong said section Jim to the Point of Begin ung Lying 160 feet on both sides of the following described conferring Commerce of the Southwest comer of avid 1000 feet it too feet lease area gold Poinf of Commencement let 670 reef more or lose Narthwwatwly of the phymcal [entarhne of State Road 7O said Point of Commerimment being further referended by the fa0osang points 1) o hgblerwood post rotated of the monumented & occopted Northeast comer of surd S4dfroh 10 hog N 25*10240 W 45750 feet from sold Point of Commencement 2) a 4' r 4" concrete monument lorntad.ot the Point of lntemetbon of State Road 70 (8asehne Staten JVJ+9310 as shown an Right of Way Map Section 94WO-2512 doted 7-30-79) logs S 62'33'46' W. 503883 foot from said Point or Commencement thence leoang said Swthwest comer and Paint of Conlmanomont inn N 68'563(" E. 2500 feat to Me Point of Beginning of avid centerline, Thence run 5 IOW30' E. 33724 feet Teen, run S 85'0744' E. 4632 feel. Thence inn S 63'0120 E 51 16 feat, Thence inn S 23'45 34" E, 74.172 Iset, Thanan run S 1T28 15' E, 84 65 tact to the Point of 7 hna of said Slate Rood 70 said A ie of ermmooan has S 21r28'5S f, 09 22 foot "from doagnbed raferenco poaif I 20 00 F£Er WIDE 0`01Y EASEMENT b mg within the fotownq destrdlad parent treat All Mot part of Seettoe 11 Township 38 South Range 37 East lying North and West of State Rood 770(Okeechohee Ruud), Sf Lucie County, Rondo Commencng at Me Watheas! corner of Section 10, townnh p 30 SsaM Rory" 37 East, for the P6inl or 8eg+rmmg run West ahny Me North line a/ ad 5acl.on f0, J4tltl Ieet, mars or /ass, to a point whi[h ha0 50' feet Epsl b/ the tenlerhne of o prrvolo exratrnq aonat (hariw rum and run SouM i along o lone pdrauol to and 50 feel Eostady of smtl Carol tenledme M the peat where said hm4 mtereecea with the Nor'h right or way of State Road 70 (Okeechobee Rood), thence tun Northeas[mry Wong do right of war line 3,440 feet mom ar 'lose I. the Use rtihe of Cord Section 10. thanx turnaria run North 1,Z50 fret more or rose Wang said scorer tine to the Point of fkgmnmg Lymg 100 feet an both sides of flat lallowmg described centerline Commence at the SOuPwest comet of cod 1060 feet x 100a foot lease area said Point of Commencement hes 670 feet more or lass Northwaster(v of the Physical cenldelme of State Rood 70, said Pool of Commentemant being further referenced by the fallowing pants 1) a 8ghterwaod post bco(so at the manumented & oceupred Norlheoel Gainer of sod Section 10 has N 25 1024' W 45750 feat Fmm sold Point of Commencement 2) a 4" x 4' concrete manurnut located at the Point of Intersection of State Road 70 (Baseline Station 303.)L93 to ors shown on Right of Way Nap Section 94030-2512 dated 7—JO-79) he8 S 623346' W, 593883 bet tram said Point of Commencement Thence leowng said Sorthwest Camel and Pom( of Commencement tun N 6W5831' E 2500 feet to the Point of Beginning of eatd-centerline, Thence run S 28'48 JO" E 49815 feet (a the Point or erminolen of said ce.ferbna lying an the occupied & maintained right —of —way hne of surd State Road 70 sod Point o1 Termmation tics S Z2'r835" E 95333 1441 Ginn the dbove described mranvio, pant 1 �Y�@YD@N�P 79416829/1 Site No: 2723 Site Name: Rim Ditch (FL)