HomeMy WebLinkAboutMEMORANDUM OF LEASE AGREEMENTRtySSQkjj ,
6 Kk�b
HEN RECORDED RETURN TO:
Verizon W Personal CommLP SCARY ED
Wireless P
d/b/a Verizoh W' less
777 Yamato RN, Suite 600 St. Lucie County.
Boca Raton, FlyrriRg 33431
Attention: Network -Real EsSgAW HOLMAN, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY
File Number: 1992062 OR BOOK 1473 PAGE 2252
ReCarded:12/29/01 10:46
MEMORANDUM OF LEASE AGREEMENT
This Memorandum made this LLrday of Dagd%bCk, , 2001, between JIM G.
RUSSAKIS, with his mailing address located at 8801 Indrio Road, Fort Pierce, Florida 34951,
hereinafter designated LESSOR and VERIZON WIRELESS PERSONAL COMMUNICATIONS
LP d/b/a VERIZON WIRELESS, a limited partnership of the State of Delaware, with its principal
offices at 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter designated
LESSEE.
1. LESSOR and LESSIP entered into that certain Land Lease Agreement ("Lease
Agreement") dated as of the j!t day of V U_#yj E2 , 2001, for a term of five years with
the right to renew for four additional five year terns plus automatic five year renewals thereafter
unless terminated. in accordance with the terms of the Lease Agreement.
2. In consideration of the rental set forth in the Lease Agreement, LESSOR hereby leases
to LESSEE a portion of that certain Property located at 8801 Indrio Road, Fort Pierce, Florida
34951, and being described as a 70' by 70' parcel containing 4,900 square feet, as shown on the
Tax Map of the City of Fort Pierce, Florida and being further described in Deed Book 326 at Page
1576 as recorded in the Recorder's Office of St. Lucie County, Florida, together with the non-
exclusive right for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot
or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles,
cables, conduits, and pipes over, under, or along a 15 x 20 foot wide right-of-way extending from
the nearest public right -of --way, Emerson Road, to the demised premises, said demised premises
and right-of-way for access being substantially as described herein in Exhibit "A" attached hereto
and made a part hereof.
3. The Lease Agreement commences on the first (1st) day of the month following the date
the Lease is executed by the parties or the first (1st) day of the month following the date LESSEE
is granted a building pennit by the governmental agency charged with issuing such permits,
whichever event occurs last; provided, however, the Commencement Date shall be no later than
the first anniversary of the date the Lease is executed by the parties. A copy of the Lease
Agreement is on file in the office of the LESSOR and LESSEE.
4. The terms, covenants and provisions of the Lease Agreement of which this is a
Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs,
successors and assigns of LESSOR and LESSEE.
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and
LESSEE have caused this Memorandum to be duly executed as of the date first written above.
WITNESSES'
.2 / 14�,
Name:Nidk Russakis_
k --) tCtMo- L-,Yf- -":..-cot
Name: Diana R Sheubrooks
WITNESSES:
Name:
Name: 1
LESSOR:
Jim G. Russakis
LESSEE: Verizon Wireless Personal
Communications LP d/b/a Verizon Wireless
BY:
Name: Howard H. Bower
Area Vice President, Network
South Area
z
0
0
4+
JF
W
'O
:D
P
N
CM
W
OR BOOK 1473 PAGE 2254
STATE OF Florida )
SS.
COUNTY OF St Lucie
The foregoing instrument was acknowledged before me this 30 day of
March , 2001, by JIM G. RUSSAKIS, an individual and resident of the of the State of
Florida , on behalf of himself. He is personally known to me or has produced
as identification.
OFk7CW, NMARYSEAL Notary Public:
D1AfYA K St1EUBROOKS
N07'ARYMMUCSrATEOFFIARIDA Diana R Sheubrooks
COMMISSION No. CcaBTiI Name of Notary Printed:
MYCOMM!m IONW.DEC.4
(NOTARY SEAL)
My commission
My commission number is:
ss.
COUNTY OF utW South Area
The foregoing instrument was acknowledged before me this day of
C2 Yfl�t,R, 2001, by Howard H. Bower, as Area Vice President, Network, of A **
d/b/a VERIZON WIRELESS,
a Delaware limited partnership, on behalf of the partnership. He is personally known to me or
has produced as identification.
**Verizon Wireless Personal Commmications LP
Notary 1 /I I/ •►
Name of Not Print
�I
My commission expires: : uA a. -LA4 . IA 30-Zo
My commission number
(NOTARY SEAL)
r3t30MCIAL SEAL
=FX24
104 t CarolinaecklenburgTTERWOR7HMy Conne 24, 2006
(Attach Sketch of Property)
FTL1 #528201 v3
Cl
m
0
0
x
N
fi
L4
w
c-�
m
Ln
Q"
OR BOOK 1473 PAGE 2256
DESCRIPTION OF PARENT TRACT
The Northwest 1/4 of the Southwest 1/4 of Section
14, Township 34 South, Range 39 East, St. Lucie
County, Florida,
LESS AND EXCEPT
The North 20 feet and the West 48 feet thereof.
DESCRIPTION OF LEASE PARCEL
A parcel of land lying in the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of Section 14, Township 34 South, Range 39 East, St. Lucie
County, Florida, said parcel being more particularly described as follows:
Commencing at the West 1/4 comer of said Section 14, proceed South
OW 35' 00 West along the West line of the Southwest 1/4 of said
Section 14 a distance of 692.35 feet; thence South 89' 25' 00" East
a distance of 63.00 feet to the POINT OF BEGINNING; thence continue
South 89' 25' 00" East a distance of 70.00 feet; thence South 00' 35'
00" West a distance of 70.00 feet; thence North 89' 25' 00" West a
distance of 70.00 feet: thence North 00' 35' 00" East a distance of
70.00 feet to the POINT OF BEGINNING.
Containing an area of 4,900 square feet.
DESCRIPTION OF INGRESS/EGRESS
AND UTILITY EASEMENT
A parcel of land lying in the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of Section 14. Township 34 South, Range 39 East, St. Lucie
County, Florida, said parcel being more particularly described as follows:
Commencing at the West 1/4 corner of said Section 14. proceed South
00' 35' 00 West along the West line of the Southwest 1/4 of said
Section 14 a distance of 692.35 feet; thence South 89' 25' 00" East
a distance of 48.00 feet to a point on the East right—of—way (r/w) line
of Emerson Avenue; thence South 00' 35' 00" West along said East r/w
line a distance of 10.00 feet to the POINT OF BEGINNING; thence departing said
East r/w line. South 89' 25' 00" East a distance of 15.00 feet; thence South
00' 35' 00" West a distance of 20.00 feet; thence North 89' 25' 00" West
c distance of 20.00 feet to a point on said East r/w line of Emerson Avenue;
thence North 00' 35' 00" East along said East r/w line a distance of 20.00
to the POINT OF BEGINNING.
Containing an area of 300 square feet.
OR BOOK 1473 PAGE 2257
wen V4 COMER
SECIKW 1{-34-39
_ s E9' eO* E
or AGiK 1/2 O w 1/� Gr w 114 OF smov 14 MIP. 11 S. m2 m L
LEASE PARCEL
' INMIS/EGRf55
anon Fu£nrr
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — 7-NT LUCIE COUNTY
FILE # 4095148 OR BO( 3771 PAGE 909, Record-,07/24/2015 at 04:43
SCANNED
BY
St. Lucie County
RECEIVED
NOV 0 2 2018
gY, 6uel@ county, Permitting
Space Above Line Reserved For Recorder's Use
This document prepared by:
Anthony V. Rosa, Esq.
ATC Sequoia LLC
10 Presidential Way
Woburn, MA 01801
When recorded, please return to:
Anthony V. Rosa, Esq. /Land Management
ATC Sequoia LLC
10 Presidential Way
Woburn, MA 01801
Parcel ID/Folio # 13-14.321-0010-0006
MEMORANDUM OF LEASE
V'S
s Memorandum of Lease (this "Memorandum's is entered into on thislday of
20Y by and between V995n WirelEs§ Personal Communications LP, a
Dyfiwarlimited partnership d/b/a Verizon Wireless, with an office at do Verizon Wireless, 180
Washington Valley Road, Bedminster, New Jersey (hereinafter referred to as "LESSOR"), and
9AqM'4"wwithLC, a Delaware limited liability company, with an office at 10 Presidential Way,
Woburn, MA (hereinafter referred to as "LESSEE").
1. LESSOR, LESSEE, Verizon Communications Inc., a Delaware corporation, as
guarantor, and the other Verizon Lessors entered into a Master Prepaid Lease
("MPV) with an effective date of March 27, 2015, for the purpose of LESSEE
managing, operating and maintaining the site legally described in Attachment 1
annexed hereto (the "Site"). All of the foregoing is set forth in the MPL.
2. The term of the MPL as to the Site commences on March 27, 2015 and ends on
March 26, 2046, unless earlier terminated in accordance with the MPL.
ATC Site Number. 412253
VZW Site Number: 131694
OR BOOK 3771 PAGE 9?^
3. LESSOR has granted LESSEE a limited power of attorney (the "Limited Power of
Attorney', to, among other things, prepare, negotiate, execute, deliver, record and/or
file documents on behalf of LESSOR, all as more particularly described in the
Limited Power of Attorney, a copy of which is attached hereto as Attachment 2 and
incorporated herein by this reference.
Capitalized terms used and not defined herein have the respective meanings ascribed to them in
the MPL.
This Memorandum may be executed in any number of counterparts, each such counterpart being
deemed to be an original instrument, and all such counterparts shall together constitute the same
agreement.
The duplicate original copies of the MPL are held at LESSOR'S and LESSEE'S addresses set
forth above.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
-2- ATC Site Number. 412253
VZW Site Number:131694
OR BOOK 3771 PAGE 9111,
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Lease as of
the day and year first above written.
LESSOR:
LESSEE:
By ATC Sequoia LLC
ATC Sequoia LLC
As Attorney in Fact for
Verizon Wireless Personal Communications
LP d/b/a Verizon Wireless
By: ` 1/ V
By:
Shawn Lanier
Edward P. Manio, Jr.
Title: Vice President, Legal. US Tower
Title: Senior Counsel,Us Tower
Date: ' i 1, ?,o l i
Date:
WITNESSES:
WITNESSES:
By:
By:
(Signature)
(Signature)
AT,
- t>I kA',
By:
By:
gn tuie \,
z
� (Si
71e)�
V\
(Pant)
(Print)
-3- ATC Site Number. 412253
VZW Site Number. 131694
OR BOOB 3771 PAGE 94''
COMMONWEALTH OF MASSACHUSETTS )
) SS.
COUNTY OF MIDDLESEX )
On this 16 of 20� before me, i o the
undersigned notary public, pe nally appeared Shawn Lanier, Vice President, Legal of ATC
Sequoia LLC as attorney in fact for Verizon Wireless Personal Communications LP proved to
me through satisfactory evidence of identification, which was personal knowledge, to be the
person whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it as voluntarily for its stated purpose.
Dated:
CHRISTOPHER NESPOIA
c� Aosachumft
�won2a,zo 6
Notarylc
Print Name A�s /
My commission expires— -!A'+,_a$ kt 1
(Use this space for notary stamp/seal)
4- ATC Site Number. 412253
VZW Site Number. 131694
OR BOOR 3771 PAGE 91?
COMMONWEALTH OF MASSACHUSETTS )
) as.
COUNTY OF MIDDLESEX )
On this (I of 20A5. beforeme, (Ljj6,9Lh—PF�— the
undersigned notary public, pe9bnally appeared Edward P. Maggio, Jr., Senior Counsel of ATC
Sequoia LLC proved to me through satisfactory evidence of identification, which was personal
knowledge, to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that he signed it as voluntarily for its stated purpose.
Dated: ' Y11 l )
CHRISTOPHER NESPOLA
Con�"Oh� }�tls
11�k w
(Use this space for notary stamp/seal)
-5- ATC Site Number. 412253
VZW Site Number. 131694
OR BOOR 3771 PAGE 91.4
ATC Site Number. 412253
VZW Site Number. 131694
MEMORANDUM OF LEASE
ATTACHMENT 1
LEGAL DESCRIPTION OF LAND
The Lease Area is approximately 4,900 square feet, more or less, and described as follows:
A parcel of land lying in the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of Section 14, Township 34 South, Range 39 East, St. Lucie
County, Florida, said parcel being more particularly described as follows:
Commencinq. at the West 1/4 corner of said Section 14, proceed South
00 35 00 West along the West line of the Southwest 1/4 of said
Section 14 a distance of 692.35 feet; thence South 89' 25' 00" East
a distance of 63.00 feet to the POINT OF BEGINNING; thence continue
South 89' 25' 00" East a distance of 70.00 feet; thence South 00' 35'
00" West a distance of 70.00 feet; thence North 89' 25' 00" West a
distance of 70.00 feet; thence North 00' 35' 00" East a distance of
70.00 feet to the POINT OF BEGINNING.
Containing an area of 4.900 square feet.
ACCESS DESCRIPTION:
A parcel of land lying in the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of Section 14, Township 34 South, Range 39 East, St. Lucie
County, Florida. said parcel being more particularly described as follows:
Commencinq. at the West 1/4 corner of said Section 14, proceed South
00' 35' 00 West along the West line of the Southwest 1/4 of said
Section 14 a distance of 692.35 feet; thence South 87 25' 00" East
a distance of 48.00 feet to a point on the East right—of—way (r/w) line
of Emerson Avenue; thence South 00 35' 00" West along said East r/w
line a distance of 10.00 feet to the POINT OF BEGINNING; thence departing said
East r/w line. South 89' 25' 00' East a distance of 15.00 feet; thence South
00' 35' 00" West a distance of 20.00 feet; thence North 8W 25' 00" West
a distance of 20.00 feet to a point on sold East r w line of Emerson Avenue;
thence North 00' 35' 00' East along said East r/w line a distance of 20.00
to the POINT OF BEGINNING.
Containing an area of 300 square feet.
APN: 13-14-321-0010-0006
For reference see Memorandum of Lease recorded on 12/29/2001 in Book 1473, Page 2252.
OR BOOK 3771 PAGE 915
MEMORANDUM OF LEASE
ATTACHMENT 2
LIMITED POWER OF ATTORNEY
[Limited Power ofAtiorney to follow/
ATC Site Numbw..412253
VZW Site Number: 131694
OR BOOR 3771 PAGE 91c
JOSEPH E SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 406952905I14R015aI70:14AM
OR BOOK3745 PAGE328-MB D=Type:PA
RECORDING: 895.00
Title of Document
LIMrM POWER OF ATTORNEY
Date of Document:
March 27, 2015
Prepared By:
Attorney: Anthony Rosa
c/o American Tower
10 Presidential Way
Woburn, MA 01801
(781)926-4760
Grantor(s):
Verizon Company
180 Washington Valley Road
Bedminster, NJ
07921
Grantee(s): ATC Sequoia LLC
10 Presidential Way
Woburn, MA 01801
781-926-4552
RETURN TO: HEATHER RAPOSA- LINEAR TITLE
127 JOHN CLARKE RD
MIDDLETOWN, RI 02842
OR BOOK 3771 PAGE 917
M
IIMOTED POWER OF ATTORNEY
March 27, 2015
KNOW ALL PERSONS BY THESE PRESENTS THAT each of the Persons identified
on Schedule A attached hereto as a Verizon Company (collectively, the "Companies" and each,
a "Company"), does hereby grant ATC Sequoia LLC, a Delaware limited liability -company
("Tower Operator), this Limited Power of Attorney and does hereby make, constitute and
appoint Tower Operator, acting through any of its designated officers and agents, as its true and
lawful attorney4n-fact, for it and in its name, place and stead
(i) to prepare, review, negotiate, execute, purchase, take assignment of, deliver, record,
and/or file:
any waiver, amendment, extension or renewal of and/or to any Ground Lease, any new
Ground Lease, any non -disturbance agreement and any other agreement reasonably
required to effectuate the extension of the term of possession of any Ground Lease
(which may include adding or modifying other terms and provisions of such agreements
that Tower Operator, in its reasonable business judgment, determines are desirable or
necessary) or any other document relating to or evidencing any Ground Lease or new
Ground Lease required for Tower Operator's operation of a Site, that (A) Tower Operator
determines in good faith is on commercially reasonable terms, (B) is of a nature and on
terms to which Tower Operator would agree (in light of the circumstances and conditions
that exist at such time) in the normal course of business if it were the direct lessee under
the related Ground Lease rather than a sublessee thereof pursuant to this Agreement, and
(C) does not reduce the rights of any Company or Affiliate thereof with respect to the Site
or its use of the Site or impose additional obligations on any Company or Affiliate
thereof;
any waiver, amendment, modification, extension or renewal of any Collocation
Agreement, any new site supplement or site sublease or any other document relating to
any Collocation Agreement; or
o any other document contemplated and permuted by the Master Prepaid. Lease or the
Management Agreement or necessary to give effect to the intent of the Master Prepaid
Lease or the Management Agreement or the transactions contemplated by the Master
Prepaid Lease, the Management Agreement or the other Transaction Documents referred
to in the Master Prepaid Lease.
(ii) to prepare, negotiate, execute, deliver and/or submit any applications or requests for
Governmental Approvals, including, without limitation with respect to Zoning Laws, related
to operating the site or to support the needs of a Tower Subtenant
All parties dealing with Tower Operator, in its capacity as attorney -in -fact hereunder, in
connection with the undersigned parties' affairs as described herein, may fully rely upon the
power and authority of Tower Operator, in its capacity as attorney -in -fact hereunder, to act for
HASM666964.1
OR BOOK 3771 PAGE 91R
the undersigned and on'the undersigned parties' behalf and in the undersigned parties' names,
and may accept and rely upon the documents and agreements entered into, executed, sent,
delivered, recorded, and/or filed by Tower Operator, in its capacity as attomey-in-fact
hereunder.
For purposes of this Limited Power of Attorney, the following capitalized terms shall have the
following meanings:
"Available Space" means, as to any wireless communications site, the portion of the
communications towers or other support structures on the wireless communications sites
from time to time and the tracts, pieces or parcels of land constituting such wireless
communications site, together with all easements, rights of way and other rights
appurtenant thereto not constituting certain space occupied by the Companies that is
available for lease to or collocation by any Tower Subtenant and all rights appurtenant to
such portion, space or area.
"Collocation Agreement' shall mean an agreement, including master leases, between
any Company or Tower Operator, on the one hand, and a third parry, on the other hand,
pursuant to which such Company or Tower'Operator, as applicable, rants or licenses to
such third party space at any wireless communications site (including space on a
communications tower), including all amendments, modifications, supplements,
assignments, guaranties, side letters and other documents related thereto.
"Governmental Approvals" means all licenses, permits,. franchises, certifications,
waivers, variances, registrations, consents, approvals, qualifications, detemrmations and
other authorizations to, from or with any Governmental Authority.
"Governmental Authority" means, with respect to the Companies or any wireless
communications site, any foreign, domestic, federal, territorial, state, tribal or local
governmental authority, administrative body, quasi -governmental authority, . court,
government or self -regulatory organization, commission, board, administrative hearing
body, arbitration panel, tribunal or any regulatory, administrative or other agency, or any
political or other 'subdivision, department or branch of any of the foregoing, in each case
having jurisdiction over the Companies or any in any wireless communications site.
"Ground Lease" shall mean the ground lease, sublease, easement, license or other
agreement or document pursuant to which any Company holds a leasehold or
subleasehold interest, leasehold or subleasehold estate, easement, license, sublicense or
other interest in, any wireless communications site, together with any extensions of the
term thereof (whether by exercise of any right or option contained therein or by execution
of a new ground lease or oilier instrument providing for the use of such wireless
communications site), and including all amendments, modifications, supplements,
assignments, guarantees, side letters and other documents related thereto.
"Low" means any federal, state or local law, statute, common law, rule, code; regulation,
ordinance or administrative, judicial, or regulatory injunction, order, decree, judgment,
sanction, award or writ of any nature of, or issued by, any Governmental Authority.
EAS3W665964.1 -2-
OR BOOK 3771 PAGE 919
"Management Agreement" shall mean the Management Agreement dated as of March
27,'2015, among Tower Operator, the Companies party thereto and the other parties
thereto.
"Master PirePaid Lease"' shall mean the Master Prepaid Lease dated as of March 27,
2015, among the Companies party thereto, Verizon Communications Tno., a Delaware
corporation, as guarantor, and Tower Operator and the other parties thereto.
"Tower Subtenant" means, as to any wireless communications site, any individual,
corporation, limited liability company, partnership, association, trust or any other entity
or organization (other than the Companies) that (i) is a "sublessee", "licensee" or
"sublicensee" under any Collocation Agreement affecting the right to. use the.Available
Space at such wireless communications site (prior to the effective date of the Master
Prepaid Lease); or (ii) subleases, licenses, sublicenses or otherwise acquires from Tower
Operator the right to use Available Space at such wireless communications site (from and
after the effective date of the Master Prepaid Lease).
"Transaction Documents" means, Memorandum of Agreements, the Master Agreement,
the Master Lease Agreement, the Sale Site MLA, the Collateral Agreements and all other
documents to be executed by the parties in.comeetion with the consummation of
transactions contemplated by the Master Agreement, the Master Lease Agreement, the
Sale Site MLA and this Agreement.
"Zoning Laws" means any zoning, land use or similar Laws, including Laws relating to
the use or occupancy of any communications towers or property, building codes,
development orders, zoning ordinances, historic preservation laws and land use
regulations.
Tower Operator hereby agrees to -use this Limited Power of Attorney in accordance with and
subject to the terms and conditions of the Master Prepaid Lease and the.Management Agreement,
acknowledges that this Limited Power of _Attorney only applies to ,those wireless
communications sites subject to such agreements, agrees that this Limited Power of Attorney is
subject to the indemnification provisions of Section 4(bxv) of the Master Prepaid Lease, and
understands and agrees that this Limited Power of Attorney may be revoked and terminated in
accordance with Sections 4(b)(iv), 5(d) or 6(c) -of the Master Prepaid Lease. The parties
acknowledge and agree that, unless earlier revoked and terminated in accordance with such
provisions of the Master Prepaid Lease, this Limited Power of Attorney with respect -to any
particular site shall expire at the end of the term for the applicable wireless communications site
as set forth in Section 9(a) of the Master Prepaid Lease.
Each of the Companies hereby aclmowledges and agrees that Tower Operator may derive
benefit, either directly or indirectly, tangible or intangible, or for full or nominal consideration,
from or in connection with the amendments and the closing of the same and hereby expressly
agrees that nothing contained in this Limited Power of Attorney instrument shall prohibit or be
construed or deemed to prohibit the derivation of such benefit by Tower Operator.
EasiW665964i -3-
OR BOOR 3771 PAGE 93n
This Limited Power of Attorney may not be used by Tower Operator to execute on behalf of any
Company any of the following:
o any document that provides for the acquisition of a fee simple interest in real property or
the purchase of assets by Tower Operator in the name of such Company or any of its
affiliates;
o any document that provides for the incurrence of indebtedness for borrowed money in the
name of, of any guarantee by, such Company or any of its affiliates, or purports to grant
any mortgage, pledge or other security interest on the interest of such Company or any of
its affiliates;
any document that is between or among Tower Operator or any of its affiliates, on the
one hand, and such Company or any of its affiliates, on the other hand; provided that
powers of attorney used for recording, in each County and State, all memoranda of lease,
sublease and management agreements contemplated by the Master Prepaid Lease or any
other Transaction Document referred to in the Master Prepaid Lease shall be excluded
from this exception;
e any document that would permit a party to (i) interfere with any Company's or any
Company's affiliates' operations or communications* equipment at a Site or (ii) interfere
with or cause a cessation of any Company's or any Company's affiliates' services at a
Site;
m any document the execution or entering in of which is not expressly authorized by the
terms of this Limited Power of Attorney; or
a any document that settles or compromises any dispute unrelated to a Ground Lease or any
dispute between Tower Operator and any Company or its affiliates related to a Ground
Lease.
Each of the Companies and Tower Operator hereby acknowledge and agree that this Limited .
Power of Attomey may be executed in several 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, even though Companies and Tower Operator are not signatories to the
original or the same counterpart. Companies and Tower Operator agree that a photocopy or
otherwise electronically reproduction of this Limited Power of Attorney may be relied upon by a
third party as an original.
[Signature Page Follows]
Eastwr6e59saa -4-
OR BOOR 3771 PAGE 921
IN WITNESS WHEREOF, each party has caused its name to be subscribed hereto by its duly
authorized officer this L7 day of, 2015.
Name: a�riovc.i Safis�
STATE OF NEW JERSEY
• y •_ •01w' Jl
COMPANIES:
ON BEHALF OF EACH OF THE COMPANIES
LISTED N SCHEDULE A
By: _
Name: Michael Haberman
Title: Authorized Signatory
as.:
Be it remembered that on the 1 7 day -of -&Y4 2015, before me, the undersigned
Notary Public, personally appeare4 Michael -Haberman personally known to me (or proved to me oa
the basis of satisfactory evidence to be the personwhose.name is subscribed to the within instrument)
and this person acknowledged under oath, to my satisfaction that: -'
(a) he is the Authorized Signatory of the entities named as Companies in the attached
instrument, as set forth on Schedule A to said instrument;
(b) he is authorized to execute the attached instrument on behalf of the Companies;
(c) he executed the attached instrument on behalf of and as the act of the Companies; and
(d) the attached instrument was signed and made by the Companies as each of their duly
authorized and voluntary act
Witness my hand and official seal.
[NOTARIAL SEAL] Notary Reyna Juliet Ram
Notdry Public, State of New Jersey
My Commission EVires
My Commission Expires: Aprfl 11, 2017
[Signature Page to Power ofAttorney]
EASIW665966.1
OR BOOK 3771 PAGE 922
IN WITNESS WHEREOF, each party has caused its name to be subscribed hereto by its
duly authorized officer this day of / (' , 2015.
WITNESSES:
TOWER OPERATOR:
By:
Name: Edmund DiSanto
Title: Executive Vice President, General Counsel &
Chief Administrative Officer
COMMONWEALTH OF MASSACHUSETTS )
} as.:
COUNTY OF SUFFOLK )
Be it remembered that on the lk day of f i , 2015, before me, the undersigned
NotaryPublic, personally appeared Edmund DiSanto, personally known to me (or proved to me
on the basis. of satisfactory evidence to be the person whose name is subscribed to the within
instrument and this person acknowledged under oath, to my satisfaction that:
(a) he is the Executive Vice President, General Counsel & Chief Administrative
Officer of the entity authorized to sign on behalf of the entity named as Tower
Operator in the attached instrument;
(b) he is authorized to execute the attached instrument on behalf of the Tower
Operator;
(c) he executed the attached instrument on behalf of and as the act of the Tower
Operator; and
(d) the attached instrument' was signed and made by Tower Operator a duly
authorized and voluntary act.
Witness my hand and official seal. / . /
Notary ��N
[NOTARIAL SEAL]
1vIy Commission Expires: V 1 10 lb
L CHRISTINE M. BRENNAN
' Notsrypuhllo
Go
Lar mam cgh or hia5".8t{ rM
MY Cama3t!aa Exrh sJ*ta. MM
EAST97665964.1 (Signature Page to Power of Attorney]
OR BOOK 3771 PAGE 923
Schedule A
COMPANIES
Allentown SMSA Limited Parnership
Alltel Central Arkansas Cellular Limited
Partnership .
Alltel Communications of Arkansas RSA #12
Cellular Limited Partnership'
Alltel Communications of LaCrosse Limited
Partnership
Alltel Communications of Mississippi RSA #2,
Inc.
Alltel Communications of North Carolina
Limited Partnership
Alltel Communications of Nebraska LLC
Alltel Cormin nications of Saginaw MSA
Limited Partnership
Alltel Communications Southwest Holdings,
Inc.
Alltel Communications Wireless of Louisiana
Lac.
Alltel Communications Wireless; Inc.
Alltel Communications, LL.0
Alltel Northern Arkansas RSA Limited
Partnership
Anderson CellTelCo
Athens Cellular, Inc.
Bell Atlantic Mobile of Massachusetts
Corporation, Ltd
Bell Atlantic Mobile of Rochester, L.P.
Binghamton MSA Limited Partnership
Bismarck MSA Limited Partacrsbip
California RSANo. 4 Limited Partnership
California RSA No. 3 Limited Partnership
Cellco Partnership
Cellular Inc. Network Corporation
Charleston -North Charleston MSA Limited
Partnership
Chicago SMSA Limited Partnership
Colorado.7-Saguache Limited Partnership
Colorado RSA No. 3 Limited Partnership
Dallas MTA, L.P.
Danville Cellular Telephone Company Limited
Partnership
Dubuque MSA Limited Partnership
Duluth MSA Limited Partnership
BAS'IW665964.1
OR BOOK 3771 PAGE 924
Fayetteville MSA Limited Partnership
Fresno MSA Limited Partnership
Gadsden CeIlTe1Co Partnership
Gila River Cellular General Partnership
Gold Creek Cellular of Montana Limited
Partnership
GTE Mobilnet of California Limited
Partnership
GTE Mobilnet of Fort Wayne Limited
Partnership
GTE Mobilnet of Indiana Limited Partnmship
GTE Mobilnet of Indiana RSA #3 Limited
Partnership
GTE Mobilnet of Santa Barbara Limited
Partnership
GTE Mobilnet of South Texas Limited
Partnership
GTE Mobilnet of Terre Haute Limited
Partnership
GTE Mobilnet of Texas RSA #17 Limited
Partnership
GTE Wireless of the Midwest Incorporated
GTE Mobilnet of Florence, Alabama
Incorporated
Idaho 6-C1arkLimited Partnership
Idaho RSA No. 2 Limited Partnership
Idaho RSA 3 Limited Partnership
Illinois RSA 1 Limited Partnership
Illinois RSA 6 and 7 Limited Partnership
Illinois SMSA Limited Partnership
Indiana RSA 2.I united Partnership
Iowa 8-Monona Limited Partnership
Iowa RSA No. 4 Limited Partnership
Iowa RSA 5 Limited Partnership
Jackson Cellular Telephone Co., Inc.
Kentucky RSA No. 1 Partnership
'Lafayette Cellulai Telephone Company
Los Angeles SMSA Limited Partnership
Michigan RSA #9 Limited Partnership
Missouri RSA #15 Limited Partnership
Missouri RSA 2 Limited Partnership
Missouri RSA 4 Limited Partnership
Modoc RSA Limited Partnership
Muskegon Cellular Partnership
North Central RSA 2 of North Dakota Limited
Partnership
BAMW665M.1
OR BOOK 3771 PAGE 925
New Hampshire RSA 2 Partnership
New Mexico RSA 3 Limited partnership
New Mexico RSA No. 5 Limited Partnership
New Mexico RSA 6-I Partnership
New Par
New York RSA No. 3 Cellular. Partnership
New York SMSA Limited Partnership
North Dakota RSA No. 3 Limited Partnership
North Dakota S-Kidder Limited Partnership
Northeast Pennsylvania SMSA Limited.
Partnership -
Northem New Mexico Limited Partnership
Northwest Arkansas RSA Limited Partnership
Northwest Dakota Cellular of North Dakota
Limited. Partnership
NYNEX Mobile Limited Partnership 1
NYNEX Mobile Limited Partnership 2
NYNEX Mobile of New York, L.P.
Oklahoma RSA No. 4 South Partnership
Omaha Cellular Telephone Company
Orange County -Poughkeepsie Limited
Partnership '
Pascagoula Cellular Partnership
Pennsylvania RSA 1 Limited Partnership
Pennsylvania 3 Sector 2 Limited Partnership
Pennsylvania 4 Sector 2 Limited Partnership
Pennsylvania RSA No. 6 (I) Limited
Partnership '
Pennsylvania RSA No. 6 (II) Limited
Partnership
Petersburg Cellular Partnership
Pittsburgh SMSA Limited Partnership
Pittsfield Cellular Telephone Company
Portland Cellular Partnership
Redding MSA Limited Partnership
Rockford MSA Limited Partnership
RSA 7 Limited Partnership
Rural Cellular Corporation
Saciamento-Valley Limited Partnership
San Antonio MTA, L.P.
San Isabel Cellular of Colorado Limited
Partnership
Seattle SMSA Limited Partnership
Sioux City MSA Limited Partnership
Southern Indiana RSA Limited Partnership
Southwestco Wireless, L.P.
FAS W665W.1
OR BOOK. 3771 PAGE 929
l
Springfield Cellular Telephone Company
St. Joseph CellTelCo
Syracuse SMSA Limited Partnership
Texas RSA 7,B2 Limited Partnership
Texas RSA #11B Limited Partnership
Topeka Cellular Telephone Company, Inc.
Tuscaloosa Cellular Partnership
TykDUngview/Marshall WA Limited
Partnership
Upstate Cellular Network
Verzon Wireless (VAW) LLC
Verizon Wireless of the Bast LP
Vermont RSA limited Partnership
Virginia 10 RSA Limited Partnership
Virginia RSA 2 Limited Partnership
Virginia RSA 5 Limited Partnership
Verizon Wireless Personal Communications
LP
Venzon Wireless Tennessee Partnership
Wasatch Utah RSA No. 2 Limited Partnership
Waterloo WA Limited Partnership
Wisconsin RSA #1 Limited Partnership
Wisconsin RSA #2 Partnership
Wisconsin RSA #6 Partnership, LLP
Wisconsin RSA No. 8 Limited Partnership
W WC Texas RSA LLC
Wyoming 1-Park Limited Partnership
nAS1V760964.1
Kl) &Sa VL 1 S
SCANNED
BY
St. Lucie County
LAND. LEASE AGREEMENT
s Agreement, made this 1t day of CkX• %k14 , 2001 between JIM G.
with his mailing address located at 8801 Indrio Road, Fort Pierce, Florida 34951,
hereinafter designated LESSOR, anXV�RIZ� Ill URELESS PERSONAL COMMUNICATIONS
LP d/b/a Verizon Wireless, with its principal office located at 180 Washington Valley Road,
Bedminster, New Jersey 07921, hereinafter designated LESSEE. The LESSOR and LESSEE are
at times collectively referred to hereinafter as the "Parties" or individually as the "Party".
I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel
of property (the entirety of LESSOR's property is referred to hereinafter as the Property), located
at 8801 Indrio Road, Fort Pierce, Florida 34951, and being described as a 70' by 70' parcel
containing 4,900 square feet, as shown on the Tax Map of the City of Fort Pierce, Florida and
being further described in Deed Book 326 at Page 1576 as recorded in the Recorders Office of St.
Lucie County, Florida, together with the non-exclusive right for ingress and egress, seven (7) days
a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the
installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or
along a 15' x 20' foot right-of-way extending from the nearest public right-of-way, Emerson
Avenue, to the demised premises, said demised premises and right-of-way (hereinafter collectively
referred to as the "Premises') for access being substantially as described herein in Exhibit "A"
attached hereto and made a part hereof.
In the event any public utility is unable to use the aforementioned right-of-way, the
LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE or to the public
utility at no cost to the LESSEE.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the
Property and the Premises, and said survey shall then become Exhibit "B" which shall be attached
hereto and made a part hereof, and shall control in the event of boundary and access discrepancies
between it and Exhibit "A'. Cost for such work shall be bome by the LESSEE.
3. = TERM. This Agreement shall be effective as of the date of execution by both
parties, provided, however, the initial term shall be for five (5) years and shall commence on the
Commenceme h time rental payments will be due at an
annual rental o to be paid in equal monthly installments on
the first day of the month, in advance, to LESSOR or to such other person, firm or place as the
LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any
rental payment date. In the event rent is not received within ten (10) days of the due date, LESSEE
shall ]bay a late charge equal to - of the overdue amount. The Commencement
Date is dcfi_ned as the first (1st) day of the month following the date this Agreement is executed by
the parties or the first (1st) day of the month following the date'LSSLE it#"grssit's btt#laing'
p@tkt by the governmental agency charged with issuing such permits, OiandivdY'tair3tit t9et�ute3
,b,o91
4. EXTENSIONS. This Agreement shall automatically be extended for four (4)
additional five (5) year terms unless the LESSEE terminates it at the end of the then current term
by giving the LESSOR written notice of the intent to terminate at least six (6) months prior to the
end of the then current tens.
5. RENTALS. During the term of this Agreement, including any extensions of the
term, the annual rental due hereunder shall increase on each anniversary of the Commencement
Date by an amount equal to -of the annual rental due for the immediately prior
year.
6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year
extension term this Agreement has not been terminated by either Party by giving to the other
written notice of an intention to terminate it at least six (6) months prior to the end of such term,
this Agreement shall continue in force upon the -same covenants, terms and conditions for a further
term of five (5) years and for five (5) year 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.
7. USE: GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for
the purpose of constructing, maintaining and operating a communications facilities and uses
incidental and all necessary appurtenances. A security fence consisting of chain link/slatted
construction or similar but comparable construction may be placed around the perimeter of the
Premises at the discretion of LESSEE (not including the access easement). All improvements shall
be at LESSEE's expense and the installation of all improvements shall be at the discretion and
option of the LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its
equipment or any portion thereof, whether the equipment is specified or not on any exhibit attached
hereto, during the term of this Agreement. LESSEE will maintain the Premises in a good condition
reasonable wear and tear excepted. LESSOR will maintain the Property, excluding the Premises,
in good condition, reasonable wear and tear excepted. It is understood and agreed that LESSEE's
ability to use the Premises is contingent upon its obtaining after the execution date of this
Agreement all of the certificates, permits and other approvals (collectively the "Governmental
Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory
soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall
cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would
adversely affect the status of the Property with respect to the proposed use by LESSEE. In the
event that any of such applications for such Governmental Approvals should be finally rejected or
any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority or soil boring tests are found to be
unsatikfactory so that LESSEE in its sole discretion will be unable to use the Premises for its
intendedpurposes or the LESSEE determines that the Premises is no longer technically compatible
for its intended use, LESSEE shall have the right to terminate this Agreement Notice of the
LESSEE'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 the mailing of such notice by the LESSEE.
All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination,
M"I
2
this Agreement shall become null and void and all the Parties shall have no further obligations
including the payment of money, to each other.
8. INDEMNIFICATION. LESSEE shall indemnify and hold LESSOR
harmless against any claim of liability or loss from personal injury or property damage resulting
from or arising out of the use and occupancy of the Premises by LESSEE, its servants or agents,
excepting, however, such claims or damages as may be due to or caused by the acts or omissions
of LESSOR, or its servants or agents. In the event any action or proceeding shall be brought
against LESSOR by reason of any such claim, LESSEE shall defend the same at LESSEE's
expense by counsel reasonably satisfactory to LESSOR.
9. INSURANCE. The Panties hereby waive any and all rights of action for negligence
against the other which may hereafter arise on account of damage to the Premises or to the
Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance
policies with extended coverage, regardless of whether or not, or in what amounts, such insurance
is now or hereafter carried by the Parties, or either of them. LESSOR and LESSEE each agree
that at its own cost and expense, each will maintain comprehensive general liability and property
liability insurance with liability limits of not less than $1,000,000 for injury to or death of one or
more persons in any one occurrence and $500,000 for damage or destruction to property in any
one occurrence. LESSOR agrees that LESSEE may self -insure against any loss or damage which
could be covered by a comprehensive general public liability insurance policy. In the event of a
sale or other transfer by LESSEE, the provisions of this paragraph shall be binding on LESSEE's
successors or assigns.
10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained
herein, and provided LESSEE is not in default hereunder and shall have paid all rents and sums
due and payable to the LESSOR by LESSEE, LESSEE shall have the right to terminate this
Agreement upon the annual anniversary of this Agreement provided that three (3) months prior
notice is given the LESSOR.
11. INTERFERENCE. LESSOR. agrees that LESSOR and/or any other tenants of
the Property who currently have or in the future take possession of the Property will be permitted
to install only such radio equipment that is of the type and frequency which will not cause
measurable interference the existing equipment of the LESSEE. The Parties acknowledge that
there will not be an adequate remedy at law for non-compliance with the provisions of this
paragraph and therefore, LESSEE shall have the right to specifically enforce the provisions of this
paragraph in a court of competent jurisdiction.
12. REMOVAL UPON TERMINATION. LESSEE, upon termination of the
Agre(ynent, shall, within ninety (90) days, remove its building(s), antenna structure(s) (including
fbotinks7 to;a point six (6) feet below grade), fixtures and all personal property and otherwise
restore the- Premises to its original condition, reasonable wear and tear and casualty excepted.
LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of the
LESSEE shall remain the personal property of the LESSEE and the LESSEE shall have the right to
remove the same, whether or not said items are considered fixtures and attachments to real
property under applicable law. If such time for removal causes LESSEE to remain on the Premises
1
1.
after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on
the existing monthly pro-rata basis if based upon a longer payment term, until such time as the
removal of the building, antenna structure, fixtures and all personal property are completed.
13. INTENTIONALLY DELETED.
14. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of
this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE,
such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any
sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted
shall be under and subject to the right of the LESSEE in and to such right-of-way.
15. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent
and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises.
16. TITLE.LESSOR covenants that LESSOR is seized 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, judgments or impediments of title on the Property or
affecting LESSOR's title to the same and that there are no covenants, easements or restrictions
which prevent the use of the Premises by the LESSEE as set forth above.
17. INTEGRATION. It is agreed and understood that this Agreement contains all
agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or
oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE
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 by the Parties. In the
event any provision of the Agreement is found to be invalid or unenforceable, such finding shall
not effect the validity and enforceability of the remaining provisions of this Agreement. The
failure of either Party to insist upon strict performance of any of the terms or conditions of this
Agreement or to exercise any of its rights under the Agreement shall not waive such rights and
such Party shall have the right to enforce such rights at any time and take such action as may be
lawful and authorized under this Agreement, either in law or in equity.
4"
18. GOVERNING LAW. This Agreement and the performance thereof shall be
governed, interpreted, construed, and regulated by the laws of the State in which the Property is
located.
19. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the
LESSEE without any approval or consent of the LESSOR to the LESSEE's principal(s),
affiliates, or any subsidiary of LESSEE, its principal(s) or affiliates; to any entity which acquires
all =substantially all of LESSEVs assets in the market defined by the Federal Communications
Commission in which the Property is located by reason of a merger, acquisition or other business
reorganization; or to any entity which acquires or receives an interest in the majority of
communication towers of the LESSEE in the market defined by the Federal Communications
Commission in which the Property is located. As to other parties, this Agreement may not be
sold, assigned or transferred without the written consent of the LESSOR, which such consent
4
will not be unreasonably withheld, delayed or conditioned. LESSEE may sublet the Premises
within its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE
shall be subject to the provisions of this Agreement and shall be binding upon the successors,
assigns, heirs and legal representatives of the respective parties hereto.
20. NOTICES. All notices hereunder must be in writing and shall be deemed
validly given if sent by certified mail, return receipt requested or by commercial courier, provided
the courier's regular business is delivery service and provided further that it guarantees delivery to
the addressee by the end of the next business day following the courier's receipt from the sender,
addressed as follows (or any other address that the Party to be notified may have designated to the
sender by like notice):
LESSOR: Jim G. Russakis
8801 Indrio Road
Fort Pierce, Florida 34951
LESSEE: Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon mailing or delivering the same to a commercial courier, as
permitted above.
21. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal
representatives, successors and assigns of the Parties hereto.
22. SUBORDINATION AND NON -DISTURBANCE. At LESSOR's option, this
Agreement shall be subordinate to any mortgage or other security interest by LESSOR which from
time to time may encumber all or part of the Property or right-of-way; provided, however, every
such mortgage or other security interest shall recognize the validity of this Agreement in the event
of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy of and have
access to the�f remises as long as LESSEE is not in default of this Agreement. LESSEE shall
execute whatever instruments may reasonably be required to evidence this subordination clause.
In the event the Property is encumbered by a mortgage or other security interest, the LESSOR
immediately after this Agreement is executed, will obtain and famish to LESSEE, a
non -disturbance agreement for each such mortgage or other security interest in recordable form. In
the event the LESSOR defaults in the payment and/or other performance of any mortgage or other
securi interest encumbering the Property, LESSEE, may, at its sole option and without
obligation; cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to
any and all -rights, titles, liens and equities of the holders of such mortgage or security interest and
the LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due
under this Agreement the sums paid by LESSEE to cure or correct such defaults.
IVIMI
5
23. RECORDING. LESSOR agrees to execute a Memorandum of this Lease
Agreement which LESSEE may record with the appropriate Recording Officer. The date set forth
in the Memorandum of Lease is for recording purposes only and bears no reference to
commencement of either term or rent payments,
24. DEFAULT. In the event there is a default by the LESSEE with respect to any
of the provisions of this Agreement or its obligations under it, including the payment of rent, the
LESSOR shall give LESSEE written notice of such default. After receipt of such written notice,
the LESSEE shall have fifteen (15) days in which to cure any monetary default and thirty (30)
days in which to cure any non -monetary default, provided the LESSEE shall have such extended
period as maybe required beyond the thirty (30) days if the nature of the cure is such that it
reasonably requires more than thirty (30) days and the LESSEE commences the cure within the
thirty (30) day period and thereafter continuously and diligently pursues the cure to completion.
The LESSOR may not maintain any action or effect any remedies for default against the
LESSEE unless and until the LESSEE has failed to cure the same within the time periods
provided in this Paragraph.
25 );NVIRONMENTAL.
a. LESSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines, standards, or
policies of any governmental authorities regulating or imposing standards of liability or
standards of conduct with regard to any environmental or industrial hygiene conditions or
concerns as may now or at any time hereafter be in effect, that are or were in any way related to
activity now conducted in, on, or in any way related to the Property, unless such conditions or
concerns are caused by the activities of the LESSEE.
b. LESSOR shall hold LESSEE harmless and indemnify the LESSEE from and
assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or
damages) and for responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which is in any way related to: a) failure to comply with
any environmental or industrial hygiene law, including without limitation any regulations,
guidelines, standards, or policies of any governmental authorities regulating or imposing
standards of liability or standards of conduct with regard to any environmental or industrial
hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such
compliance results from conditions caused by the LESSEE; and b) any environmental or
industrial hygiene conditions arising out of or in any way related to the condition of the Property
or activities conducted thereon, unless such environmental conditions are caused by the
LESSEE,
26.- CASUALTY. In the event of damage by fire or other casualty to the Promises that
cannot reasonably be expected to be repaired within forth -five (45) days following some or, if the
Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE
may at any time following such fire or other casualty, provided LESSOR has not completed the
IMMI
J
restoration required to permit LESSEE to resume its operation at the Premises, terminate this Lease
upon fifteen (15) days written notice to LESSOR. Any such notice of termination shall cause this
Lease to expire with the same force and'effect as though the date set forth in such notice were the
date originally set as the expiration date of this Lease and the parties shall make an appropriate
adjustment, as of such termination date, with respect to payments due to the other under this Lease.
Notwithstanding the foregoing, all rental shall abate during the period of such fire or other
casualty.
27. CONDEMNATION. In the event of any condemnation of the Property, LESSEE
may terminate this Lease upon fifteen (15) days written notice to LESSOR if such condemnation
may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-
five (45) days. LESSEE may on its own behalf make a claim in any condemnation proceeding
involving the Premises for losses related to the antennas, equipment, its relocation costs and its
damages and losses (but not for the loss of its leasehold interest). Any such notice of termination
shall cause this Lease to expire with the same force and effect as though the date set forth in such
notice were the date originally set as the expiration date of this Lease and the parties shall make an
appropriate adjustment as of such termination date with respect to payments due to the other under
this Lease.
28. SUBMISSION OF LEASE. The submission of this Lease for examination does
not constitute an offer to lease the Premises and this Lease becomes effective only upon the full
execution of this Lease by the Parties. If any provision herein is invalid, it shall be considered
deleted from this Lease and shall not invalidate the remaining provisions of this Lease. Each of the
Parties hereto warrants to the other that the person or persons executing this Lease on behalf of
such Party has the full right, power and authority to enter into and execute this Lease on such
Party's behalf and that no consent from any other person or entity is necessary as a condition
precedent to the legal effect of this Lease.
29. APPLICABLE LAWS. LESSEE shall use the Premises as may be required
or as permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property
in conformance with all applicable, laws, rules and regulations and agrees to reasonably
cooperate with the LESSEE regarding any compliance required by the LESSEE in respect to its
use of the Prei'itises.
30. SURVIVAL. The provisions of the Agreement relating to indemnification from
one Party to the other Party shall survive any termination or expiration of this Agreement.
Additionally, any provisions of this Agreement which require performance subsequent to the
termination or expiration of this Agreement shall also survive such termination or expiration.
31: , CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not affect or be
utilized in the construction or interpretation of the Agreement.
IVINI
7
32. LEGAL FEES. In the event of any litigation involving this Lease, the prevailing
party at such litigation shall be entitled to all reasonable costs and expenses, including attorney fees
and costs (through all appeals).
[Signature Page to Follow]
wiam
8
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
ti
WITNESS:
Name: 10ick Russakis
Name: Diana K Sheubrooks
WITNESS:
Name:
_
AA ri . 1
Name�L
v>.
LESSOR:
BY:
in G. Russakis
LESSEE: Verizon Wireless Personal camiunications
LP d/b/a Verizon Wireless
BY:
Name: Howard H. Bower
Area Vice President, Network
Sou
Mwo)
9
FTLI #527888 v7
[Wiwi
Exhibit "A"
(Sketch of property)
10
*4
DESCRIPTION OF PARENT TRACT
The Northwest 1/4 of the Southwest 1/4 of Section
14. Township 34 South, Range 39 East, St.. Lucie
County, Florida,
LESS AND EXCEPT
The North 20 feet and the West 48 feet thereof.
DESCRIPTION OE LEASE PARCEL
A parcel of land lying in the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of Section 14, Township 34 South. Range 39 East, St. Lucie
County, Florida, said parcel being more particularly described as follows:
Commencin% at the West 1/4 corner of said Section 14, proceed South
00' 35' 00 West along the West line of the Southwest 1/4 of said
Section 14 a distance of 692.35 feet; thence South 89' 25' 00" East
a distance of 63.00 feet to the POINT OF BEGINNING; thence continue
South 89' 25' 00" East a distance of 70.00 feet:'thence South 00' 35'
00" West a distance of 70.00 feet; thence North 89' 25' DO" West a
distance of 70.00 feet; thence North 00' 35' 00" East a distance of
70.00 feet to the POINT OF BEGINNING.
Containing an area of 4,900 square feet.
DESCRIPTION OF INGRESS/EGRESS
AND UTILITY EASEMENT
A parcel of land lyin.9 in the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of Section 14, Township 34 South, Range 39 East, St. Lucie
County; Florido, said parcel being more particularly described as follows:
Commencin% of the West 1/4 corner of said Section 14, proceed South
00' 35' 00 West along the West line of the Southwest 1/4 of said
Section 14 a distance of 692.35 feet; thence South 89' 25' 00" .East
a distance of 48.00 feet to a point on the East right—of—way (r/w) line
of Emerson Avenue; thence South 00' 35' 00" West along said East r/w
line a distance of 10.00 feet to the POINT OF BEGINNING; thence departing said
fiost r/w line. South 89, 25' 00" East a distance of 15.00 feet; thence South
80' .35' 00" West a distance of 20.00 feet; thence North 89' 25' 00' West
a distance of 20.00 feet to a point on said East r/w line of Emerson Avenue;
•thence North 00' 35' 00' East along said East r/w line a distance of 20.00
to the POINT OF BEGINNING.
Containing an area of 300 square feet.
M 005L65N
1
I
Z z I
s � a
.oi
730Ndd 3SY37
N
,00'8b I
7 Q 'J9BI 'S K tM/ YI gM678 p I/1 K A I/i Mi p d/i MlMW A iIl /QIpS
3 .5109.62 S
6i—K•
n'
0
�a:
Carrier Add / Modification Quote
Revision, date: 02/13/18 MH
Vendor:
Address:
Site Name; '
Address:
Switch ID:
Site Owner:
Tower & Ground Description:
J. Crompton Electric, Inc.
1290 Old Congress Ave
West Palm Beach, FL33409
S10q�N&
Cie cout7t
ATC Russakis Indrio road
4690 Emerson avenue, Fort Pierce, FL. 34951.
148145
AT / Site N 412253.
Monopole and ground equipment
Date:
43212
XPRESS BID: XPR-021371-2017
Quote k: 2018-145-01
Quote by: Michael Poker
i
Contact Phone 13212897093
Gozer: 68800
Loc Code: 131694
Crown Quote Inc No
Base . - `_ _ .. _ ._.. ,.. .Item
ID. . __ __ - . -
____ ..
.i
_
City
_
IUeit Price ,r,-,
" Amount' "
Base Scope
jBase Package 4: One Carrier Add with Ground MountedRRU's
9000 ..
$ 1.00
S 9,000.00
Line Item _
- . Unit Description
-Unit_Amaunt _
_
_ �qTY
Tpta_ .:_---Item_
ID -
Antenna & Line Work
_
INSTL4322170618
Life Item • UnibOescripdon, � � - � � "
� ;Amounb _�
� QTY
- "" Tota
em, 0 --
Site Prep/Gmund.Work-(W/O Battery Pricing)
Remote Radio Unit 11 Pricing per (Qty 3)
1,725.00
2
11000.00-
$ 3,450.00
Ancillary Cell Equipment Install
Installation of Ret Controllers CPRI Panels Etc.
250,00 i
1
$ 250.00
RIPort Map Install
Installation of BBU(XMU, DUS, 5216), connecting cables and ancillary parts
$ 550;00 ,
1
$ 550.00
Out of Scope
Pricing for out of scope ground work (spreadsheet of items with associated
costs Is re'd
$, 6,750.00
I
$ 6,750.00
Line Item - - - -- - - Unit Description _- - _
Amount
_ 4r` -
- Tota . „
-- tem -
Surrounding/Neighboring Site Work (Downtilq Azimuth Changes).
ENG-ANTENNA
MISCELLANEOUS PRICING - •Unit Description _ - - _ -_
Amount
_ __
10M
- I em70
SERVICES
-
$ _
TOTAL'
$20,000.00
RECEIVED
NOV 0 2 ::0118
ST. Lucie County, Permitting