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HomeMy WebLinkAboutLEASE AGREEMENTIq oq- o ao� I.1E'ASE ACREE]yENT SCANNED BY St. Lucie County For a 'freestanding" tower and wireless communications facility Located at: Facility: SL2623 Beth's Song Street Address: Russakis Road City: Ft Pierce County: St Lucie State: Florida Between PJ DEVELOPMENT, LLC a Florida limited liability company, LESSEE IrIM Russakis Investments, LLC a Florida limited liability company LESSOR OCT 1 1 2019 ST. Lucie County, pern LEASE AGREEMENT FOR PROPERTY LOCATED IN THE STATE OF FLORIDA THIS LEASE AGREEMENT (the "Lease") is made this & day of March, 2010(the "Effective Date"), by and between Russakis Investments, LLC, a Florida limited liability company, having its principal place of business at 8801 Indrio Road, Ft Pierce Florida 34951 (the "Lessor") and PJ DEVELOPMENT, LLC, a Florida limited liability company, having its principal place of business at 7341 Westport Place, West Palm Beach, FL 33413 ("Lessee"). 1. Description of Leased Property. Lessor warrants and represents to Lessee that it is the fee simple owner of that certain real property located in Ft Pierce Florida, legally described on Exhibit "A" attached hereto and made a part hereof by this reference ('Lessor's Property"). For good and valuable consideration, Lessor leases to Lessee a portion of Lessor's Property, that portion being described as an approximately 85' a 85', 7225 square foot parcel (the "Leased Premises") and grants to Lessee an exclusive right for ingress and egress, seven days per week, twenty-four hour; per day, on foot or motor vehicle, including trucks, along a twenty -foot wide right-of-way extending from the nearest public right-of-way (the "Easement Area"), together with the right to install, replace and maintain utility wires, poles, cables, conduits and pipes in the Easement Area, (the "Lessee Facilities"). The Leased Premises and Easement Area are generally described in a survey drawing attached hereto as Exhibits "B" and "C". In the event any utility is unable or unwilling to use the described Easement Area, Lessor hereby agrees to grant an additional easement either to the Lessee or directly to the public utility at no cost and in a location acceptable to either Lessee or the public utility. 2. Lease Term. This Lease shall be for an initial term (the "initial Term") of Ten (10) years beginning on the Commencement Date (hereinafter defined). At Lessee's option, this Lease shall automatically be extended for Eight (8) subsequent five (5) year terms (the "Renewal Terms") unless Lessee terminates it pursuant to Section 4 (Lessee's Right to Terminate) of this Lease. The initial Term and any Renewal Terms shall be collectively referred to as the "Lease Term". The initial Term shall commence on the date (the "Commencement Date") on which Lessee commences material physical alteration of the Leased Premises for the purpose of constructing the wireless communications facility ("Construction'): 3. Rent. Beginning on the Commencement Date, Lessee shall pay to Lessor Twelve Thousand Dollars ($12,000.00) per year to be paid in equal, monthly installments of One Thousand Dollars ($1000.00) as rent (the "Rent") for the Leased Premises. Rent shall be sent to the Remittance Address indicated in Section 25 "Notices." After the first year (1) year of the Initial Term, the Rent shun incrc= toy Threc percent (3%) over the Rent that was in effect during the previous year. For every year thereafter, the Rent shall be increased by Three percent (3%) over the previous year period. Each payment of Rent shall be accompanied by the applicable Florida sales tax, if any is due. Any Rent installment not received within 15 days of it due date shall be subject to, and it is agreed that the Lessor shall collect thereon a "late charge" in the amount of Ten Percent (10"/u) of the delinquent rent installment. The `late charge" shall be immediately due and payable and shall be paid by the Lessee without written notice or demand by the Lessor. 4. Lessee's Right to Terminate. During the Lease Term, Lessee shall have the absolute, unilateral right to terminate this Lease, at any time, by providing Lessor with six (6) month's prior written notice to the notice addresses indicated in Section 25 "Notices." Said termination shall be effective six (6) months after the date Lessee provides notice of termination to Lessor. 5. Effect of Termination by Lessee. Upon termination of this Lease by Lessee, the parties shall have no further obligations except for Lessee's obligations to pay any rents due or that may become due, and those specific provisions contained in the Lease that survive temlination. 6. Use of Property. The Leased Premises and all easements, rights and privileges herein granted shall be used only for the purpose of constructing, maintaining, and operating a wireless communications facility and uses incidental thereto For Lessee's use and for the use of its sub -lessees and/or licensees ("Lessee's Permitted Use"). It is the intent of the parties that Lessee's communications facility shall not constitute a fixture. Lessee shall place a security fence, consisting of chain -link or comparable construction, around the perimeter of the Leased Premises. It is understood and agreed that all improvements shall be undertaken at Lessee's sole expense. Lessee will maintain the Leased Premises in a reasonable and safe condition. Lessor shall take no action that would adversely affect the status of the Ceased Premises with respect to the Lessee's Permitted Use. Lessee will maintain the Leased Premises in a manner consistent with the design drawings used to construct the Lessee Facilities. 7. Due Dilipence/Lessee's Ability to Use Property. At Lessee cost during the Lease Term, the Lessee and Lessee's representatives may enter the Lessor's property for the purpose of inspecting and surveying the Leased Premises and the easement area and conducting engineering tests, including, but not limited to soil boring tests, appraisals and other investigations, inspections and tests, and environmental and other hazardous materials investigation, as well as, for the purpose of constructing the Lessee Facilities contemplated by this Lease Agreement. If, as a result of such investigation, it is determined that the Leased Premise are not suitable for the purpose of constructing the Lessee Facilities as contemplated herein, then Lessee may terminate this Lease Agreement upon thirty (30) day's notice and will have no further obligations for the payment of rent except for the rent that may be due through the termination 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. g. Removal of Obstructions. Lessee has the right to remove obstructions, including but no limited to vegetation, which may encroach upon, interfere with or present a hazard to Lessee's use of the Leased Premises. Lessee shall be responsible for disposing of any material related to the removal of obstructions. 9. Hazardous Substances and Hazardous Wastes. Lessee shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal, or release of any Hazardous Wastes in any manner not sanctioned by law. In all events, Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorney's fees, and consultants' and experts' fees) from the presence or release of any Hazardous Substances or Hazardous Wastes on the Lease Premises if caused by Lessee or persons acting under Lessee. Lessee shall execute such affidavits, representations and the like from time to time as Lessor may reasonably request concerning Lessee's best knowledge and belief as to the presence of Hazardous Substances or Hazardous Wastes on the Leased Premises. Lessor shall not (either with or without negligence) cause or permit the use, storage, generation, escape, disposal, or release of any Hazardous Substances or Hazardous Wastes in any manner not sanctioned by law. In all events, Lessor shall indemnity and hold Lessee harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, and consultants' and experts' fees) from the presence or release of any Hazardous Substances or Hazardous Wastes on Lessor's Property unless caused by Lessee or persons acting under Lessee. Lessor shall execute such affidavits representations and the like from time to time as Lessee may reasonably request concerning Lessor's best knowledge and belief as to the presence of Hazardous Substances or Hazardous Wastes on Lessor's Property. For Purposes of this Lease, the term "Hazardous Substances" shall be as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601 et seq., and any regulations promulgated pursuant thereto, and as used to define "Hazardous Wastes" in the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., and any regulations promulgated thereto. 10. insurance. At all times during the Lease Term, Lessee, at its sole expense, Lessee shall obtain and keep in force insurance which may be required by any federal, state, or local statute or ordinance or any governmental body having jurisdiction in connection with the operation of Lessee's business upon the Leased Premises. Lessee agrees to name Lessor as an additional insured under Lessee's liability insurance policy. In no event, however, shall Lessee not have general liability insurance of less than One Million Dollars ($1,000,000.00), on which such policy Lessor shall be named as an additional insured. H 11. Waiver of Subrogation. The parties hereby waive any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Leased Premises resulting from any fire or other casualty of the kind covered by property insurance policies with extended coverage regardless of whether or not, or in what amount, such insurance is now or hereafter carried by the parties. 12. Eminent Domain. If any part of the Leased Premises is taken by eminent domain, Lessor will notify Lessee of the taking within five days and Lessee will have the option to: (a) declare this Lease null and void with thereafter being no further liability or obligation by either of the parties hereunder, or (b) remain in possession of that portion of the Leased Premises not taken, in which event there shall be an equitable adjustment in rent on account of the portion of the leased Premises so taken. With either option, Lessee has the ability to contest the taking and directly proceed to obtain an award, or a portion of the award, allocated to Lessee's interest in the Leased Premises. 13. ltipht of First Refusal. If, during the Lease Term, Lessor receives an offer to purchase, make a loan, or give any consideration in exchange for any of the following interests in all or a portion of the Leased Parcel (Premises): (i) fee title, (ii) a perpetual or other easement, (iii) a lease, (iv) any present or future possessory interest, (v) any or all portions of Lessor's interest in this Lease Agreement including rent or (vi) an option to acquire any of the foregoing, Lessor shall provide written notice to Lessee of said offer ("Lessor's Notice"). Lessor's Notice shall include the prospective buyer's name, the purchase price being offered, and other consideration being offered, the other terms and conditions of the offer, the due diligence period, the proposed closing date and, if a portion of Lessor's property of which the Premises is a part ("Lessor's Property") is to be sold, a description of said portion. Lessee shall have a right of first refusal to purchase, at its election and on the terms and conditions as in Lessor's Notice a fee simple interest in Lessor's Property or Premises or a perpetual easement for the Premises. If the Lessor's Notice is for more than the Premises and Lessee elects to purchase in fee or acquire a perpetual easement in only the Premises, the terms and conditions of said acquisition shall be the same terms and conditions as in Lessor's Notice but the purchase price shall be pro -rated on an acreage basis. II' Lessee does not exercise its right of first refusal by written notice to Lessor given within thirty (30) days, Lessor may sell the property described in the Lessor's Notice. If Lessee declines to exercise its right of first refusal, then this Lease Agreement shall continue in full force and effect and Lessee's right of first refusal shall survive any such conveyance. 14. Surrender of Property. Upon expiration or termination of this Lease, Lessee shall, within a reasonable time, remove its buildings), tower, and all above ground property and restore the surface of the Leased Premises to its original condition, reasonable wear and tear excepted. 15. 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. (Exhibit E) 16. Hold Harmless. Each party shall indemnify and hold harmless the other 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 termination of the Lease. 17. Lessor's Covenant of Title. Lessor covenants that Lessor is seized of good and sufficient title and interest to the Lessor's Property of which the Leased Premises is a part and has full authority to enter into and execute this Lease. Lessor further covenants that (1) there are no aspects of title that might interfere with or be adverse to Lessee's interests in and intended use of the Leased Premises and (2) title shall be such that Lessee will have the ability to obtain title insurance at regular rates. 18. Interference. From and after the date hereof and continuing until the Lease is terminated, Lessee shall have the exclusive right to construct, install and operate communications facilities that emit radio frequencies on Lessor's Property. Lessor shall not permit (i) the construction, installation, or operation of any communications facilities that emit radio frequencies on Lessor's Property other than the communication facility to be constructed, installed, and operated on the Leased Premises or (H) any condition on Lessor's Property which interferes with Lessee's Permitted Use. Each of the covenants made by Lessor in this Section 18 is a covenant running with the land for the benefit of the Leased Premises and shall be binding upon Lessor and each successive owner of any portion of Lessor's Property and upon each person having any interest therein derived through any owner thereof. 19. Quiet EniovmenL Lessor covenants that Lessee, on paying Rent and performing the covenants of this Lease, shall peaceably and quietly have, and enjoy the Leased Premises. 20. Mortgages. At Lessor's option, this Lease shall be subordinate to any mortgage by Lessor which may now or hereafter affect all of Lessor's Property including the Leased Premises, provided that any such mortgage shall recognize the validity of this Lease in the event of foreclosure of Lessor's interest and also recognize Lessee's right to remain in possession and have access to the Leased Premises. in the event that the Leased Premises is encumbered by a mortgage, Lessor shall obtain and furnish to Lessee a non - disturbance agreement for each such mortgage in recordable form. Lessee shall execute whatever instruments may reasonably be required to evidence this subordination clause. 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 Lessor's or Lessee's obligations under the Lease, the other party (the "Non -defaulting Party") shall give the Defaulting Party written notice of such default. After receipt of such written notice, the Defaulting Party shall have fifteen days in which to cure any monetary default and thirty days in which to cure any non -monetary default; provided, however, the Defaulting Party shall have extended periods as may be required beyond the thirty days if the nature of the cure is such that it reasonably requires more than thirty days and the Defaulting Party ri commences the cure within the thirty period and there after continuously and diligently pursues the cure to completion. The Non -Defaulting Party may not maintain any action or effect any remedies for default against the Defaulting Party unless and until Defaulting Party has failed to cure the same within the time periods provided in this Section 21. 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 Lessor maintains any action or effects any remedies for default against Lessee resulting in Lessee's dispossession or removal, (i) the Rent shall be paid up to the date of such dispossession or removal. In no event shall Lessee be liable to Lessor for consequential, indirect, speculative, or punitive damages in connection with or arising out of any default. In the event that Lessor is in default beyond the applicable periods set forth above, Lessee may at its option upon written notice: if such default is substantial and material, declare the Lease Term ended and vacate the Leased Premises and be relieved from all further obligations under this Lease; and/or incur reasonable expenses necessary to perform the obligation of Lessor specified in such notice, and any amount paid by Lessee in so doing shall be deemed paid for the account of Lessor, and Lessor agrees to reimburse Lessee therefore; sue for injunctive relief; and/or sue for specific performance; and/or sue for damages; and/or set off from Rent or any other amount any reasonable amount expended by Lessee as a result of such default. In the event of a termination of this Lease by Lessee on account of Lessor's default, Lessee shall be entitled to recover from Lessor the depreciated value of all of Lessee's improvements located on the Leased Premises as set forth in Lessee's records and accounts. 22. Entire Agreement Lessor and Lessee agree that this Lease contains all of the agreements, promises, and understandings between Lessor and Lessee. No verbal or oral agreements, promises, or understandings shall be binding upon either Lessor or Lessee in any dispute, controversy or proceeding at law. Any addition, variation, or modification to this Lease shall be void and ineffective unless made in writing and signed by the parties hereto. 23. Construction of Document. Lessor and Lessee acknowledge that this document shall not be construed 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 venue for any litigation shall be St Lucie County, Florida, or the County where the property is located. 25. Notices. All notices hereunder shall be in writing and shall be given by (i) established express delivery service which maintains delivery records, (ii) hand delivery, or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices may also be given by facsimile transmission, provided that the notice is concurrently given by one of the above methods. Notices are effective upon re eipL o, .,no., atte vtca dor:,.._- if delivery is refused or if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. The notices shall be sent to the parties at the following addresses: If to Lessor: Russalds Investments, LLC 8801 Indrio Road Ft Pierce, Florida 34951 Attention Jim G. Russakis Phone: 772-465-5355 Fax: 772-465-5655 Email: M4GRUSSAKIS@aol.com Remittance Address: Same Ifto Lessee: PJ Development, LLC 7341 Westport Place. West Palm Beach, FL 33413 Attention: Mr. Paul A. Scott Phone: 772-692-4474 Facsimile No.:772-692-4475 Email: pscott@pjdevl.com 26. Assirmment and Sublease. Lessee has the right, within its sole discretion, to assign and sublease this Lease and/or to license space on the Leased Premises and Lessee's wireless communications facility. Any assignment or sublease of this Lease or license of space shall be binding upon the successors, assigns, heirs, and legal representatives of the respective parties hereto. Lessee has the further right, within its sole discretion, to encumber this Lease. Upon notice to Lessor of any leasehold mortgage by Lessee, Lessor agrees to give the holder or such leasehold mortgage (the "Leasehold Mortgagee) written notice of any default by Lessee hereunder and an opportunity to cure any such default within fifteen (15) days after such notice with respect to monetary defaults and within a commercially reasonable period of time after such notice with respect to any non -monetary default. 27. Partial Invalidity. If any term of this Lease is found to be void or invalid, then such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 28. Successors and Assiens. This Lease Agreement shall extend to and bind the heirs, personal representatives, successors, and assigns of the parties hereto, including any successive owners of the Lessor's Property. 29. Real Estate Taxes. 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 the increase and how such increase is attributable to Lessee's use. Lessee reserves the right to challenge any such assessment, and Lessor agrees to cooperate with Lessee in connection with any such challenge. 30. Lessor's Waiver. Upon Lessee's request, Lessor shall promptly execute a Subordination Agreement with Lessee's lender. In such a Subordination Agreement, Lessor will agree that any lien or security interest it may have under law in Lessee's improvements at the Site will be subordinate to the claims of Lessee's creditors, so that Lessee's lender, upon default, will be able to foreclose upon Lessee's interest and operate the communications facility as contemplated under this Agreement. 31. Construction of Lease. The captions preceding the Sections of this Lease are intended only for convenience of reference and in no way define, limit or describe the scope of this Lease or the intent of any provision hereof. Whenever the singular is used, the same shall include the plural and vice versa and words of any gender shall include the other gender. As used herein, "including" shall mean "including, without limitation". (Signatures appear on following page) IN WITNESS WHEREOF, lessor and Lessee having read the foregoing and intending to be legally bound hereby, have executed this Lease as of the day and year first written above. LESSEE: PJ Development, LLC, a Florida limited liability company ♦ IR i I I ♦ �� r/� H Officer's Name: Paul A. Scott Prin ame.M Cl � h rravr 0 Title: Managing Partner Vffiness Print Name:—,rgsoy7 y:iY z STATE OF FLORiDA COUNTY OF PALM 13EACH The foregoing instrument was acknowledged before me thiseday of March, 2010 by Paul A. Scott, who is person known to me or who has produced as identification and who did (did not) take an oath. my hand and official seal. Print Name' y.. vr, Nolary Public state Of FLoli 0 My Commission Expires: °�, Stec6y ErrchsOn y� Y yCpr9m�s ,O05a9699 Expires 0&2112010 SIGNITURES CONTINUED ON NEXT PAGE 10 witness LESSOR: Russakis Investments, LLC a Florida limited liability company Name: Jim G. Russakis A Tide: Managing Member 27-1323832 }� Tax ID Print Nam A • Sew °� STATE OF FLORIDA COUNTY OF ST LUCIE by The foregoing instrument was acknowledged before me this II (P day of March, 2010 Jim G. Russakis who is personally known to me or who has produced as ident> >cation anawho did (did not) take an oath. WITNESS my band and official seal. D`ei.n a<w .rao Notary Public v cu" sr �GV �(Ni41^�SWNROD BB0011 % 8 rt 79 Print Name . 'T�LraavawocNwnn.. My Commission Expires: 11 EXMIT "A" to Lease dated March % 2010 by and between Russakis investments, LLC ("Lessor") and PJ Development, LLC, ("Lessee") Legal Description of Parent Tract: PARCEL ID-1303-243-0001-000-7 3 34 39 N 112 OF S 112 OF S 112 OF SE 114OF NW 1144-ESS E 70 FT FOR CANAL- (4.83 AC) (OR 168-667; 3104-246) 12 EXHIBIT "B" to Lease dated March & 2010 by and between Russakis Investments, LLC ("Lessor") and Pd Development, LLC, ("Lessee") Site Sketch Including Easement Area: ATTACHED 13 EIMED" ItCn t0 Lease dated March, 2010 by and between Russakis Investments, LLC ("Lessor") and PJ Development, LLC, ("Lessee") LEASED PARCEL TO HE PROVIDED AFTER SURVEY 14 DO NOT SIGN EXHIBIT ONLY EXIT "E" RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: PJ Development, LLC 7341 Westport Place West Palm Beach, Florida 33413 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this day of March, 2010, by and between Russakis Investments, LLC, a Florida limited liability company with an address of 8801 Indrio Road, Ft Pierce, Florida 34951 (hereinafter refereed to as "Lessor") and PJ Development, LLC, a Florida limited liability company, with an address at 7341 Westport Place, West Palm Beach, Florida 33413, (hereinafter referred to "Lessee„). Lessor and Lessee entered into a Communication Site Lease Agreement ("Agreement') for the purpose of installing, operating, and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement. The term of the Lease is for Ten (10) years with Eight (8) successive five (5) year options to renew. The Land which is the subject of this Agreement is in St Lucie County, Florida, described in Exhibit A annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. SIGNATURES ON NEXT PAGE 15 DO NOT SIGN xx H I BIT ONLY LESSEE: PJ Development, LLC 7341 Westport Place West Palm Beach, Florida 33413 Signed, sealed, and delivered in the presence of: Witness t�111 Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing produced oath. 0 Paul A. Scott Print Name Ma mbgi Partner Title instrument was acknowledged before me this day of 20_ by Paul A. Scott, who is personally known to me or who has as identification and who did (did not) take an WITNESS my hand and official seal. Notary Public Name My Commission Expires: SIGNITURES CONTINUED ON NEXT PAGE DO NOT SIGN EXHIBIT ONLY f57 LESSOR: Russalcis Investments, LLC 88011ndrio Road Ft Pierce, Florida 34951 Signed, sealed, and delivered in the presence of - Witness Print Name Witness Print Name STATE OF COUNTY OF Im Prim Name Title The foregoing instnu.nent was acknowledged before me this _ day of 20_ by who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my band and official seal. Notary Public Print Name My Commission Expires: 17