HomeMy WebLinkAboutSECOND AMENDMENT TO SITE LEASE AGREEMENTr
PJ DEVELOPMENT] LLC SCANNED
7341 Westpon Place BY
West .Palm Beach, Florida 33413 St. Lucie. County
Telephone (772) 607-4000 • Facsimile (772) 288-4155
SECOND AMENDMENT TO
SITE LEASE ACREEMXNT
This First Amendment to the Site Lease Agreement ("Amendment") is made and
entered into this 18th day of February, 2009 by and between PJ Development, LLC, a
Florida Limited Liability Company (Lessee) and Charles Fox and David Hoines,
WHEREAS, Lessee and Lessor entered into a Site Lease Agreement
("Agreement") dated May 14", 2008;
WHEREAS, in case of any inconsistencies between the terms and conditions
contained in the Agreement and the terms and conditions contained herein, the terms and
conditions herein shall control. Except as set forth below, all provisions of the Agreement
remain unchanged and in full force and effect.
NOW THEREFORE, in consideration of the sum of Ten and no/100 Dollars
($10.00) and the mutual covenants and conditions contained herein and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acimowledged,
the parties hereby agree as follows:
1. The Lease Parcel shall be increased by Ten Feet (10') on all sides for
the sole purpose of a Ten Foot (10') landscape buffer. Attached is a
survey and legal description of the Leased Parcel.
IN WITNESS WHEREOF, Lessor and Lessee having read the foregoing and intending
to be legally bound hereby, have executed this Lease Amendment as of the day and year
first written above.
sealed, and delivered in the LESSOR- Charles, Fof;-David A. Hoines
Officer's
Print
Print Name: �bY1li (I>Z��HtI
SIGNATORS CONTINUED ON FOLLOWING PAGE
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE If 3343817 057122009 a11129 AM
OR BOOK 3W PAGE 1631.1634 Doc Type: AGR
RECORDING: $35.50
LESSEE: PJ Development, LLCt A Florida
limited lialw1hy c.....n ,Y
VW-41Q. Q1�IBy: kJ & /v
Witness Officer's Name: Paul A. Scott
PrintName:Mic'helle Hc�%7117Ct&,:ManagingPartner
tress �j p
Print Name: �t5ov\ 1'• /t O�
IN WITNESS WHEREOF, the parties have executed this Amendment of Lease as of
the day and year first above written.
LESSOR:
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this � day of �'
20� by Charles H. Fox and David A. Hoines v4o are personally known to me or who
have rodueed as identification and who did (did not) take
an oath.
WITNESS my hand and official seal.
Notary ub is
Print Name
My Commission Expires:
JFAN F, p
A 2011
mo*igrtlMftm,o
SIGNATORS CONTINUED ON FOLLOWING PAGE
LESSEE:
STATE OF FLORIDA
COUNTY OF MARTIN
The foregoing instrument was acknowledged before me this day of ,ftn
20� by Paul A. Scott as Managing Partner of PJ Development, LLC, a Flo
Limited Liability Company, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
A AY
Notary Publi
�Cbc j- 6r) cAR' i
Print Name
My Commission Expires: *n aota CpblieState ofFlorida
acrry Enckwn
a< My CemMeoion DOND699
o, n Expires 0N2112010
C'lc P. 'Pa; vay.°.:•.c•aY" grip. a%. s
.rS.PLp ;q., bagQ�3i� seFgtl AF;gi°8p• i ii:d�yliS
a LE' . eiQTv e'llx ! i . ➢a I- y
� � g . •ey2[l� .:rt.�.
S,�/P4�yD a ?�9gyei t atgn a- XIN!
gt70tr & 1 -E qqg`-L.%t a, 3'--'g` •�`De i 5 y� Q y yilef
i f1Eiai�°liDy9. .. g FFla • a ._ D P ! ! i
Z: [ v .� i9ee el�' �`4 kueakiiu ss pp
g"�iiD�'� %[�e3 ooae r ! .[ ! • Q er.. % .qqe • p E.1 ! 1
qa s,�: D.1,6ea.p'=[ �? ;llgD%�D gS a 1 E[ y &diiiiiclii !!lees � � e
Di :: yp-net!
ia.Z36DPIDa iL a .e.y7e2i 6 ii ajiel�:e . S
t Iy [p' r.LPilxr.i�e t 11 •a'ra••-1 :
lg SO .c •p�ii+. % rrrrrrrrrr= �� t
.
�� Z�c �!y"3� 'jPDA a DY7''1't � a9 tyv_iier % c9e .. let
y?1.
e. a. P ge 5�7Qcl i p'. r - a[�a�•. P
Pc .p�� yPli �e."��ce�ilail� �� �$l��e�Pg.. 1 �� �3yapjTe=�� 1 '- Di�t6k�ili E�E�• fi �
: •ayPg°:aye°` :g.j."y .:IieaS ; Jig ..k
eea 9.3P1i eeS gp9q'.i. al a! :eVo . P . r S i a CC
a. S.._D.cC .[ _¢.D:°5 [ Q s[ _.ia6e --'. _ ae:caP:ysi Q.r _i17i1
Ill i' -;FS iN e IDi i k'i9 'g1L° E p 's liFltlD D LYY ypr..
�� ig�y��YCg•'.1"rQ � %Sk�9%e�agY.:li S Q �: �I:asIcE7D 1 P9Q �: $ke5:1l.ek j
i
Y
PJ DEVELOPMENT, LLC
7341 Westport Place
West Palm Beach, Florida 33413
Telephone (772) 607-4000 * Facsimile (772) 288 A155
FIRST AMENDMENT TO
SITE LEASE AGREEMENT
This First Amendment to the Site Lease Agreement ("Amendment") is made and
entered into this 10th day of July, 2008 by and between PJ Development, LLC, a Florida
Limited Liability Company (Lessee) and Charles Fox and David Hoines.
WHEREAS, Lessee and Lessor entered into a Site Lease Agreement
("Agreement") dated May 14a , 2008;
WHEREAS, in case of any inconsistencies between the terms and conditions
contained in the Agreement and the terms and conditions contained herein, the terms and
conditions herein shall control. Except as set forth below, all provisions of the Agreement
remain unchanged and in full force and effect
NOW THEREFORE, in consideration of the sum of Ten and no/100 Dollars
($I0.00) and the mutual covenants and conditions contained herein and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties hereby.agree as follows:
The name of the Lessor's, Charles Fox and David Hoines . in all
references is changed to Fee Simple Owners, Charles H. Fox; David A.
Hoines and Bonnie IC, Hoines, husband and wife; and David E. Chapper
IN WITNESS WHEREOF, Lessor and Lessee having read the foregoing and 'intending
to be legally bound hereby, have executed this Lease Amendment as of the day and year
first written above.
Signed, sealed, and delivered in the LESSPk. Char F x; David A. Hoines and
Ijesaie�K.,Hoines, husband and wife; and avid C p r re en}e-o—f:
*W&S
r
WIm 1- Print e: 61 (a,,,LC
SIGNATORS CONTBgKMD ON FOLLOWING PAGE
: wMrj
Witn s
Print e:��
Witness
Print Name:
Z.
Witne s
Print] e: `S G'"
By:
Officer's Name: C'�.—/•� .��
Title: o • �^
By:
Witness II Officer's am ' ✓, �p C
Priin/nttName •� ,/J Title:,
t/1 •i:_
Wi e. s -- �t`
P t ame: 6— ti '
07
Witness Officer's Name:
Print Name: Title:
Witness
Print Name:
)LESSEE: PJ Development, Ll C, A Florida
limited liability company
Officer's Name: Paul A. Scott
Title: Managing Partner
f�oC.f`2lYYl�✓w
Witness
Print Name: M +c h M!4;? 14=oh r a n
IN WITNESS WHEREOF, the parties have executed this Amendment of Lease as of
the day and year first above written.
LESSOR:
STATE OF FLORIDA � WAV)
COUNTY OF
The foregoing instrument was acknowledged before me this day of �`
20�by Charles H. Fox; David A. Hoines and Bonnie K. domes, husband and ife;
and avid E. Chapper, who are ersonall known to or who have produced
as t entification and who did (did not) take an oath.
WITNESS my hand and official seal.
My Commission Expires:
LESSEE:
STATE OF FLORIDA
COUNTY OF MARTIN
e foregoing instrument was acknowledged before me this --day of ( /S
20-ff by Paul A. Scott as Managing Partner of PS Development, LLC, Florida
Limited Liability Company, who is I)ersonally known to me or who has produced
as identification and who�t id not) take an oath.
WITNESS my hand and official seal.
My Commission Expires:
LRASE, . &OME, MENT
ft pap , t
Y-- Fq-� aj�if Ijoi.np.1 rfopqr_y
Street Address: 7 # mpg er�mssign yet -StLuciplityl
ck# 'Ft. Pierce:
Coubty, St. Lum-el
State:. Florida,
PYDVtLOPMENT,:LLC
A Fign4a Corp6i:41foh, LESSEE
And
W tharlosTox M. David HWnos,
Lessor-
Pago I of 18
TI-11IS-LBA51RAGM WNTAe'1L-dase?)isjn40 etl 1Ydqyof—.,200S;by
. . �S --Oq-
and, between W Charles -Fox and DauidTldines,� as individuals, the qddress of which
is 309I.EfCommercial R[WEbitLauddrdalo, FL 33308-4380, (th&1%cg§6e,)and PJ
DEVELOPL\ENT,LLe,,,ti;#ibAda,Cdr po . nition"Isvi- g* its p Micipal place otbusiess at
73.-f1WestportPlaceiV ("Lessee").
,estP-pIm'Bcft6.h?FL534IJ
1. .m2 crhftiofi of Lessed! Trdbertv. Lessor warrants and represent to
Lessee. -ifiat it' i§! the fee simply ovmec oC flint cef(iiiiroal
.prop brLlocated W. Ft. Pier
ce;
lorida Ofibodon b"Wat aOW&hereip And.wqdq 4 part Hereof by this :rererenqq Meqsor:"; Prop,; r-%; For good and valuable cpnsideratipp, Lessor leasesto
Tqssqq tportion. of - Lessor's Properly; ;that ,,portion:bebeing as an approximately
40? x 1.001-, Four -Thousand 'f400,q)square .fo6, t pat ed'h(the "Leased Prciiilses").arid ggrains. to -Le;sgdo an:exclusive .n t, f
. tot digress and.eg(ess, 5eyen. days per week, twetity-four
hours por day on fqbt or,inotor;ve..*, inoludiloitrpeks, alongA twenty -foot Wide right-
of-wayzxtending.ftorn 1be.negeq public right 9 -iyqy.(ft "Easement Arce), together
,with -the righ e; and, maintain. utility -wires, poles, cables,, conduits and
pipes A . n the Easement Area, (the "Leg§& Facilities"}. The Leased Premises and
Easedient Mea are .ggnerh generally described A-stri-Vey drawi 11g,gliddhed, hereto as Exhibit
'III the event 2any udIR.y is unable or unwilling, to. use the described
Easement Area, Lessor hereby aggces.ta gralitavadditiobal easement dither to the Lessee
or directly the ptifiliv utility at no' -cast and in a, location acceptable to either tessedi or
the public utility;
2. 'LcaseTierm. This1casesbal * I be for an initial term (the "Initial Tone) of
Te timitig oil the Commencement Date (hereinafter defined),. At Lesss ri,' I ,(I Q.).years bog.
option, this Lease, be extended for four (4 subsequent
bscquout five (5) year
ferms (the unless Lessee terminates it pursuantto Section 4 (Lessee's
I shall
Right to Terminate-) of this Lease. The Wtial Term and any Renewal Terms shall be
collectively referred was the "Lease Ter&'.
The initial Term shall comnionce, on the date (the "Commencement. Date'l on
purpose communi6 of.coilstracting the wireless ns facility ('Construction).
pr atio
3. Rent. Beginning on the Commencement Date, Lessee shall pay. to Lessor
S 4S~per year to be paid in equal monthly installments of SfAINWas rent. (tile
"Renr)-f6r the.Leased Premises.
Page 2 of 18
After the .first five: 05)i Yeats of the initial Term, the. Rent shall increase by
fifteen percent (15%!) over the Rent that was in effect during the previious live -year
period. For every five-year...Period. thereattar the Rent shalt be increased by fifteen
percent •(15%) over the previous five,year period. I ach payment of Rent shall be
occoaiipanied by.the appiiaaiile Florida sales tax, if any is,due.
4. lessee's Right to Terminate. During the Lease Term,, Lessee shall have
the absolute, •un lateral rigkt'to. terminate'tlus Lease;.al.any time, ,by providing Lessor
with six .(6) month's prior•'Writteh notice Said termination shall:bc :effective six (6)
mouths; 4, er tlie: date Lesseeprovides notice of termination to Lessor.
5. Effect:of Termination; by ;Lessee. Upon termination of this Lease by
Lessee,: the parties shall have.no furtlier:obl 4ations except forLessee's obligations to pay
atiy,rents due Ofi lhat m4y- become due, and those spedifid provikous Wittatned in the
Lease that survive::tem3mgt Dn.
6. Use of Property. The Leased Premises and .all easements, rightsand
privileges herein: granted shall be used only for the purpose of constructing, maintaining
and operating a •wireless. -toinmunieations facility: and uses incidental the retd forl:essec's
use and l'or the use"Of'1p sublessees:, anNor;licensees'(I-esspe's Permitted Vse''): 1t, is the
tritest of the ,parties that Lessee's .communications facility shall not constitute a fix me.
Lessee. $hall place a,security fence, consistiug:of cbain-liplc or comparable,construction,
around 'the perimeter of'the Leased :Premises. It is understood and agreed that all
tniprovements s1ia11 ire uttdertakeu at Lessee's coke expense. Lessee will mainta ii .the
Lcascd Prciursc§ ;in a reasgiaaW and''safe condign. Lessor shall take no action that
would:adversely algeet. the status, of the Leased ,Premises with .respect to the Lessee's
Permitted.Use. Lessee will maintain the Leased;7remises in a manner consistentvAth the
desigtidraivings used to constructthe Lessee Facilities.
71.. Due.Diligence/Lessee's Ability. to:UseProperty. At Lessee expense
during the Lease Term, the Lessee and Lessee's representatives may enter the Lessor's
property for tha purpose of inspecting and surveying the. Leased Premises .and the
easement area and conducting engipeerhigtests, including, but not limited to soil boring
tests, :appraisals and other investigations, inspections and tests, and environmental and
other bazardnus'materials investigaton, a5 well as, for the purpose of constructing the
Lessee Facilities contemplated by this Lease Agreement: If; as a result of such
investigation, itis determined that the Leased Premise.are not suitable for the purpose of
Agreement upon thirty '(30) day's notice and will have no further obligations. for the
payment of rent except For dtesent that may be due-tluough the lermination date. Lessor
agrees to execute documents reasonably necessary to petition .the appropriate public
bodies "for.the approvals and to be named as "Applicant" is requested by Lessee. in order
to construct the Lessee Facilities contemplated by this Agreement. Both parties
understand that time is of the essence during the investigation time period.
Page 3 of 18
8. Removal of: Obstructions. Lessee bps the, light to remove abstruetions,
igcCnding Out no .irmited to vegetation,' which may .encroach upt#n, interfere with pr
present it hazard to Lessee's :nse of the Leased Premises. Lessee shall be responsible for
disposing of any material relatedtothe. reniovai. ofobstructions.
a
Lessee shall not. (either
vstth ar without';negTigence) bausear permit the,•use, storage,, generafion;escapg, disposal
orrelease of an Tazardous Wastes "ui any manner not sanctioned'i y law.:In.a11. events;
Lessee shall hrderrm andhold :Lessor barmless from any and all claims, damages,
froes, Jtrdgmcats;:.pezialkies,,00stis, liabilities oi:.losses (in eluding, wtitaut.liriitation say
and aTi :s ums OwMbr setdeznent 4 PlvJwm5, altorney'a fees, agd :consultme and experte
fees. fiats flie.prosehgo or release. of any Hazardous.3ulastances or Hazardous Wastes on
the Lease Preif cau e, d `by Zessee or -persons. acting under Lessee.. Lessee shall
execute; such affidavits, representations and the Aa from time to time as Lessor may
j lazardoos $ubsetatiges ore iTamzarilous �ssWastes oh#he Leased Prems � as t6 the presence ,of
Lessor shall -not: (either :with nor without -negligence)-cause or. permit the
use, storage, generation, escape, disposal or release of any Hazardous Substance$ or
Hazardous *v-stes in any wanner not sanctioned by law. to all events, Lessor shall,
indemnify and hold Lessee harmless from any,ari"! gtaims, damages, fines, judgments,
periatops,.posts, liahiljties or losses:(anclodin•g, without.-Iiim atrgn, :any and all sums paid
for settlement of claims;_ attomeys', fees, and consultants' and experts' fees) from the
presence or release of any Hazardous Substances or Hazardous Wdstds on Lessor's.
PropettY unlcss'oatscd by Lcssce or, persons acting'. under I.csscc. Lcssor'shall. execute
such•aildavits.tepregentatYous and the like ixom time to time as Lessee may reasgnably
request concerning, Lessor's-:best..knowlcdge and. belief as to the presence of Hazardous
Substances qr Hazardous Wastes on Lessor's Property.
For Purposes _of this: Lease; the term "Hazardous Substances".shall be as
defined. in the Contpte[ieusive Environmental Response, Compensation, and Liability
Act, 42 U S C..§ 4601;et seal, zmd any regulations promulgated pursuant thereto, and as.
used to define'Hazardous Wastes" in the Resource Conservation and Recovery Act, 42
U.S:C.§§ 6901 etse2., mid any regulations promulgated thereto.
10. insurance: At all times during the Lease Term, Lessee, at its sole
expense; .Lessee shall obtain and%cep in force insurance which may be: required by any
federal, state; oz local statute or ordinance or any governmental body having jurisdiction
in no event, howdVer, shrill Lessee not have general liability insurance of less than Two
Million -Dollars (,f?,000;0.00.00), specifically a One Million ($1,000,000,00) policy for
the property and a Two Million ($2,000,000.00) umbrella policy, on which such policy
Lessor shall be named as an.additional insured. Landlord shall not be responsible for any
intentional, or negligent acts.of Lessee that affects third parties; as Lessee has control and
management afthe Leased Premises:.
Page 4 of 18
11. Waiver nfi Subrogation. The parties hereby waive any and all rights of
actionfornegli ericeagainstSheotTier'whielimriyheteafier:ariseotiaccountofdatriageto
the Lensed Premises resulOig from any fire or other casuOy of .the kind covered by
properly insurance policies vsb estendeii coverage regardless of whether or not, or in
what amount snob insurance. is now: or -hereafter carried by the parties.
1?. :gmiuen b6milin. if any oat of IN: ".-ed:I'reniises,is wkea by eminent
domain l essor yvll notify LLdssee-ofthe taking within five days and Lessee will have,the
option to W,'declar a this Lease null and void with thereafter Uaing; no tur tier l ability or
obligation by eitheroftheparties hereunder, or,(b) remain in possession ofthat,poMbn of
the Leased Premises not taken, hn which event there shall be an equitable adjustilient in
rent.or acoourit, cP.tfYe. portion of Leased :Premises so taken. With either option,
Lessee leas the ahil ty to contest the,takmg and directlg proceed to obtain an award, or a .
portion: ,ofthe award, alloeated.t Lessee's interest m the Leased Premises.
:13. Iii>=ht ofpii st It®fnsal_ If duftilie Leme Term, Lessor receives
Lessor sltallpro ide w'ohtten nofice ta.t essee of said offer. Lessee sh all have=a righu
fisstrefusal to; purchase, at its.clection and on— ft terms, and: conditions as in Lessor`s
Wotice, The hZighzt of Pirst ltefpsal anust do exerFised witliiir 30 days, from the date of
notice: if Lessee does trot elferotsc its right,of firs@refusal by written notice fo;I cssoi
i
wthin thirty(30)'days, Lessor may sell the pniperty'described in the l,essgeNotice.
14. Surrender of Pronerty. Upon expiration or termination of this Lease.
Lessee shall, within a reasonable lime; remove itsbuilding(s), tower and all above ground
property and restore the surface of the Leased Premises to its original condition,
reasontible wear and tear _excepted. Atthe termination :of"the Lease, the Lessor wvall'bave
the option to tlllce, poysesss,.on or the tower. The Lessor rnusl nolrfy Lessee in. writing of.
Lessor's decision on wvltether or not to keep the tower, if die Lessor decides to keep the
tower-, then the Lessor will relieve Lessee of all liabilities and obligations for the removal,
maintenance andccare of the tower.
150 Recording: Lessor acknowledges that Lessee intends to record a
Memorandum of this Lease with appropriate recording officer upon execution of .this
Lease: Lessor shall execute such a Memorandum promptly upon Lessee's request.
(ExlibitE)
party from any claim of liability, loss or damages made against one party for the personal
injury or property damage arising from the use and occupancy of the Leased Premises
caused by acts of the other party, its servants or agents. The provisions of this section .
survive teiinination of the Lease.
17. Lessor's Covenant of Title. Lessor covenants that Lessor is seized of
good and suffrclent title and interest to the Lessor's Property of which the Leased
Page 5 of 18
'Premises is 4 part and has W1 authority Jq'cmer into and .execute this Lease. Lessor
:further covenants that (T) there Are no laspect% of title that might interfere with or be
interests adverse to Lessee's interests M1 ondlintendw tisercfth6 Leased, Pbdffifses 'find (2) title; shall
be.siiCli t1taY;Lessee toil] have the ability to 6*li.twa title lam -a 'pe atiogular rates.
18. Interference.. From and after the date hereof and continuing until the
Leaseis terminated, 1essee7shdll have the exclusive right toconstruct, install and operate
conirnuuiitatioits Thfties, that e "radio fhiqueacl6soul Lessor's Pi6pdrly'. Lessor shall.,
not permit cor.13ttuodda, arty communications facilities
that ernit,tadjoftejq%enq1es-An Lessor's Propo.691prilm gig conunut icatiou facility to
be qpn.5(ruc1cd$ instaJlq4,and -operated qn-the Leased ;Premises or (iJ). any condition on
Lessor's Property •,whichi'riteifttdswith Lessee's Permitted .Use. Each -ofthe -covenants
made by Lesso%in,tlus Section 18 is a �ovenant,running with the, land for'llie benefit 6f
the Leased'Preagges and. shall be b upoil Lesson each successive owner ofuri3f
-portionLessor'sProperty and upon each person h
of : p I ' any interest therein dqived
.Wing
througglvanyqwner thereof
19, -Quiet E, n&ment. Lessor covenants that Lessee, on paying Rent and
-perf6tmitig the cm?.'eriants of this -Lease, -sWI peaceably and quietly have, :find.. enjoy the
.LqascARren,U_scs..
20. '1 6Afta0s. At Lessor's option,. this -Lease, shall .he subordinate to any
'mortgage by Lessor*bJch.,rnay now or.heieafter'aket all 6fLessor's :Property including
provided tbartiqy such iftottgage shall keoo�=O the validity of this:
Lcqscin, tho rvcn.t.jd foreclosure oftessor's interest And also. recognize Lessec's riglA to
remain in, posgqss possession and 'have access to -the Leased Premises. In the event that the
Leased.Premiscs isvricurribered.by.a mortgage; Lessor, shall -obtain and Tarnish to Lessee
a. non4distuibande agreement for each such mortgage in recordable. form. Lessee shall
execute Whatever• hisiraments-may reasonably be requiredtoevidence this,suboy . dination
.clauM
21. Default. In the event that .there is a default by Lessor or Lessee (the
,"Defaulting Party") with respect to any of the provisions of this Lease or Lessoet or
Lessees obligations under the Lease, the other party (the.� 'Non -defaulting, Party') shall
give the -Defaulting Iyarky written jlqtiqe- of such default. After receipt of such written
notice; the Defaulqngppily -,hall have fifteen days -in which to cure any monetary default
and thirty days in which to cum any non -monetary default-,, provided, however, the
,bonnifting Partysbau have extended periods,a8 may berequiredbeybhd the thirty days if
tdie riatuse - -of the cure is such that 1t_T_easonabIy_KcqWivs more thittyjays and the
-pefaultjngPartycommences fli-e —pure within the thirty-p-e-ri-o-d-iffid there after-coatiffumusly-
and diligently pursues. the cure to completion. The Non-Dcfhulflng Party may not
maintain any action -or effect any remedies for default against the Defaulting Party unless
and -until DefadIting Party has tailed to cure the same within the time periods provided in
this Section 21.
Page 6 of 18 -
Lessor :acknowledges that under the terms of this Lease, Lessee has the
right'to terminate this Lease at any time:upon six months' notice, accordingly, in the
event that LessorfnaiiitauTs'any action or e ffects. any reniedtes for defiiudY against Lessee.
resultngns Lessee''.s'dispossession qr. removal, (j.tlie lteiat shall: be paid u to the date of
such dispossession or removalaiid (ii)LessoF shall be entitled to zei over &om.lessee; iu
lieu of any, other damages; as liquidated final damages, a sum equal to six mp04*
rental. In no eventshall Lesseebeliablelo Lessor. for consequential, indirect, speculative
or•puriit to dairia es n connec t i2n w4a or arising out of auy default.
In the event that Lessor is in default. Ueyondthe applicable periq* set
farESi above Lessee may at its option upon written notice- if such default is. suhstanf at
and inaterial, :declare: the Lease 7broi .ended and vacate the Leased .Premises and "be
relieved frour al!Atthdr obl gations :under ilus !;ease; andlor incur xcasonable expenses
necessary. #a perform thg obligatiot of Lessor specified in such not%ce, arid: any amount
paid by Lessee in :so doing.sluall be deemed paid for :the account of Lessor and Lessor
agreeg:fo.reimburse Lessee` therefore; sue for hijunctive relief; and/or -sue for specific
per%rviarim; aiid/8r sue for` damages; and/or set off from.Mit. or any other: amount any
reasonable aniounY expended by Lessee as avrestilt of such default. In the event of.a
tennivation of thus Lease by Lessee'On :account of.Lessor's defiuilt, Lessee shall be
enhiled'to .recover from Lessor :the. depreciated value of all .oftpssee's improvements.
located<on the Leased'Prernises asset -forth inLessee'srecords and accounts.
22. T mire Agreement I..essot'and Lessee agree: that this i.ease contains al
I
of the agreements, promises -an .understandings between Lessor and Lessee. .No'verbal
or oral agrgcntcnts, promtscs or uni3crstan4iiugs shall lie, binding. upon citlicr Lossor or
Lessee - n any. Appute, controversy 'or .proceeding at law. A* -addition, variation or
modification to4his7.easeshall be void and ine&ctive.unless made in writing and,signed
by parties hereto.,
23. Construcfion..of Document. Lessor and Lessee acknowledge that this
document shall not be consfrued'in favor of or against the.drafter and that this document
shall not be construed as an offer until such time as it is executed by one of the parties
and then: tendered to -the other party.
24. Applicable. Law This Lease Agreement and the performance thereof
.shall be governed, interpreted, construed and regulated by the laws of .the State of
Florida.. In the event that a dispute arises under this Lease, the parties agree that the
venuefor any litigation shall be Palm Beach County, Florida, or the. County where the
25. Notices. All notices hereunder shall be in writing and shall be given by (i)
established express delivery service which maintains delivery records; (ii) Baud delivery,
or (iii) eeftifwd or registered mail, postage prepaid, return receipt requested. Notices may
also be given by faesirnife transmission, provided that the notice is concurrenfly given by
one of the above methods. Notices are effective upon receipt, or upon attempted delivery
if delivery is refused or if delivery is impossible because of failure to .provide reasonable
Page 7 of 18
means for accomplishing delivery. The notices shall be sent to the parties at the
fallowing addresses:
Ifto Lessor: (Ti is is?tite;remlttauee address also,)
Mr. David Hoines
3081. E.-Commerical Blvd.,*200,
F1 Latidgrdale, IT.; 3$a08
11hone:.(954) 772'-1444
Fax 054) 772-100
If to Lessee? PJ Development, LLC
w 4l W-estport.PIace,
West Palin Beach, FL 33413
Attentiou;3Cii.,I'aiil A. Scott
Facsimile No.:771288-4155
26. Assignment. and .$u7olease. Lessee has the eight, within its sole
discretion, to `assign Find stiblease. this: Lease add/or to license space on the Leased
Premises and T,essee's wiretess,camfiiunieat ons facility. Any assignment or,sublease of
this Lease or. license'of.space shall be`binding. upon the successors, assigns, hi*s and
legal: rcprescntativcs of Ac respcctivc parbes lie to; :but Lessec° shall remain lidblc for
performance pfterms and condiCons of this -Lease.. Les_see.has the furtherrighi within its
sole d'tscrefion,:to enetimberahis Lease, provided that any such encumbrance(s) shall -be
subject to the. tovisions of Paragraph 20: U ah notice to Lessor of any leasehold
� z� o n ii .
mortgage by Lessee, Lessor agrees iQ give the holder or such. leasell6ld ,mortgage (the
Leasehold Mortgagee) written notice of any default by Lessee, hereunder and an
opportunity to cure a,ly sueh default within 3iReen (1.5) days after such notice with
respeet'to.monetary defaults and within a commercially reasonable period of timeafter
such notice with :respectto,auynon-monetary default.
27. Partial Invalidity: If any term of this Lease is found to be void or
invalid, then such mvalidify shall not affect the remaining terms of this Lease, which
shall continue in full foree<and effect.
28. Successors. and Assigns. This Lease Agreement.shall extend to and bind
the-heirs.-nersonal re6resenla6ves successors-and-assims of the parties hereto_ m`cludine
any successive owners of the Lessor's Property.
24. Real Estate faxes. Lessor shall pay all real estate taxes on Lessor's
Property. provided Lessee agrees to pay for any documented 'increase in real estate taxes
levied against the Leased Premises that are directly attributable to the improvements
constructed by Lessee. Lessor agrees to provide Lessee any documentation evidencing
Page 8 of 18
the increase p4d.bp-w sgcb.bqreqsv.&aIUibtO*lo to Lg4ppols 4sp, Lessee, resew the
Tight to challeilp- gny: syqb assessment,. and Le sor agrees to, cooperatej 4 Lessee in
dorme'didtivvith
ssg req Lessor shop prpmpdyexermwa
Subo
NinofmAgreimeO sij I q -.Q q jq.54 OW., p
which i§-subj9qfqand irart
.T) yyfinandingian4 installed on the leased;premises.
Oftgs Lease
way done; liriitt:iZr the
sew of*.q Tiv�ww�qmj*oof pum"Wn hwpl
tlic:sanie shall include,.'tliG:,pluraL-andVico,versa.,andword§,o,f,,,a,a, g-SlAfind include
, Ygendor V the
,Aer gender. uQ.sh8lfmc'an" '-'66iu g, without Hrlla�oif%_
(8,ignAWes-apppu 04lbRo*tXpaOA
Page 9 of IS
IN'WITNESS WHEREOF, Lessor pd Lessee haying_read the foregoing. Md mien l ng
to be legally:bound hereby;; have exeeuted this .Lease iAgreement.as=ofttie..day and yeer
first written above:
LESSEE: PJ Development. LLC, A -Florida
Criporation
By:. VX
Office?sName Paiil A. Scott
n TiiletManaging lvMember
(Acluiowledgments appau on following -page)
Page 10 of 18
STATE OF FLORIDA
COUNTY OF �RgQ.0
identification -
ss
before me this _eday of
aindivOualb, on behalf 0f
Si are -of NOMY.Public;
Pritted-Nomc:of RotavyPublic,
My, Commission, E5,vire.s.; (Seal)
'AWE-OULA
STATE- OF. FLORIDA
ss
COUNTY OF)WIvRzaAl -.�
I le.foregoling instrument 8vas:ackn6wledged bef6re me this day of
Paul A. Scott 2008, by P Scotts ManagiA&M , �iulber- of VJ Development, LLC, a
Ccron incorporated wider -Ole.laws ofthe -State of Florida, on behalf of said
Corporation. He/Shels pe5onaLly known to me or has produced as
identification.
My Commission Expires:
Page 11 of 18
by goo
at
Page 12 of 18
40�
AP, ATTACHE D
Page 13 of IS
�5... _
. �� ...eL"t^ S.n ti
by
VMM"Cl It
. f9l
OEEATIAM"
Page 14 of18
VlLcwo0l�
:ler.a:- sss5
Ifi
[
c
y
3p
g
"
1
----
'
In -
.*
�_
9
��•'
T
sIvy
•'�'a 'aai b
Ilk
tl
•�
rrt
Z
UU,
ON
,
i_Q
-ai-act.
w.0
��
F."�
:
y��ii
e
+ivM
p.
n1g4e ei Ynrx i �xv �SSv. i�
iliCa�"v�E3;tig�{a -a a3Yd�
S_I
11 I
ZXUMft RD?I.
th
-(%ossol.-II)
kd.O'm!DA-nalyqiA,
,($oo. ikftadhdA)
Page 15 of I's
E-X,HfBjr.r qr, m
RIMPROED-AT RJEQUIEV OF, AND
WHEN RIMOFIbbb 'RE' T'URt4 T-
PI Developm@rtt;:I;I;C'
71
We
cor A arg=
T-MF MPM04104M of A&re.gnt 10 entered into on
tbwm
, - _ — day. of
" W—Fldrlda i
carpotataou with an
address
MinAftcr rd ei d. t
Lessmr) and 4 - .p as,
address it aorPOWI*fi, :with -an
ftrew*er referred to
LeS$Ot find Lessee. entered
fflto, I Communication Site Leese Agreement
enf) on i the. day of 20
for the. purpose of
installing,. operating A67T P 4 �gto pon�mwtajffohs facility and other
commencing on,_
20___,:,CCpr=eneement Diqj 4qd,.te:on the fift anni
versary of the
Commencement Date ,with fife (5.) sddcosslivefl.ve (5)year options to renew.
niei Land whicb is. the.ot> o -f, this Agreement Is in
OdUnty, m
Florida,FlofiddescftdlA9 A annexed hereto:
JN I! SS VIMPtOF, the parties have executed Ns Memorandum of
Agreement as of the day.and year:6 W. obovewr
itten.
ritten.
SIGNATURES ON NEXT PAGE
Page 16 of 18
LE-SSQRj
SiO04. gealeclan _44 in— t4e-prcsewc�of:
. TY.IUMBS
Witness
P �tKame���
�S;TATT O,FFLORIDA
COMWOF
tle
The foregoing lOWunignt-,yas 4chdMedged bpfbzqpe%JWS :day.,Of20— .
by I aSA-' of
10 a F -0failon,' 7—
0 la.persopq "X- to" to
me or wlio has Oldas idext ioatxair a»d whbAd (did
WITNESS ,myland =d official seal.
NdtAr '..-y T—
ublic-!
Print. Name
My Commission Expires:
Page 17 of 18
4CSSM: PTDqvgl6paj-ejjt 41p
West Palm, Beac]� "plorida 334,15
Sighed, sealed upil delivered.-M aWpresence.of
&i� Name
Witness
TMR-N�4ine
STATE-00FLOR-IDA
QQ-UN,T-Y,OF
Tn744�xame
TA-X-W-#
The foregq1tig instrumerit was ac.kn9wipdged before m , e tbis 04y of
20
wh6 Is
personally . kno
wn - n to �.raq or Wbo has prbdnctd as
identification k0o didJ(di i)pi and , �.d ) take aja
W, M-ESS-rny.band and qMiejal seal;.
Notary Pablic
Print Name
-My C6thmission Expires:
Page 18 of 18