A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />LEASE EXTENSION AND SECOND AMENDMENT
<br />THIS LEASE EXTENSION AND SECOND AMENDMENT (hereinafter "Second Amendment") is
<br />made effective as of the latter signature below (hereinafter "Effective Date") by and between INDIAN RIVER
<br />COUNTY, a political subdivision of the State of Florida (hereinafter "Lessor") with an address of 1801 27th Street.
<br />Vero Beach, Florida 32960 and FLORIDA 2B MPL TOWER HOLDINGS LLC. a Delaware limited liability
<br />company (hereinafter "Lessee") by CCATT LLC, its Attorney in Fact ("CCATT"), having a place of business at
<br />2000 Corporate Drive, Canonsburg, Pennsylvania 15317.
<br />WHEREAS, Lessee and Lessor are parties to that certain Lease Agreement dated August 14, 1990 (the
<br />"Original Lease"), as amended by that Lease Extension and First Amendment dated November 18, 2014
<br />(hereinafter "First Amendment and, together with the Original Lease, hereinafter referred to as the "Agreement")
<br />granting to Lessee a leasehold interest in and to a portion (which portion is hereinafter referred to as "Premises )
<br />of that real property located at 3925 65th Street, in the City of Vero Beach, County of Indian River, and State of
<br />Florida commonly referred to as the Winter Beach Tower, which property underlying the Premises is legally
<br />described in Book 896, Page 995 in the Official Records of the Indian River Register of Deeds (hereinafter
<br />"Property"), together with those certain access, utility, and/or maintenance easements and/or rights of way granted
<br />in the Agreement; and
<br />WHEREAS, the parties wish to clarify, modify, amend, and alter certain terms and conditions of the
<br />Agreement as provided herein.
<br />NOW THEREFORE, for and in consideration of the mutual covenants, promises and conditions
<br />contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereh\
<br />acknowledged, Lessor and Lessee, intending to be legally bound, hereby agree as follows
<br />1 Status of Parties and Representations Each party acknowledges that, to the best of its knowledge
<br />the other party has complied in all material respects with the obligations under the Agreement occurring on or
<br />prior to the date hereof and that, to the best of its knowledge, the other party is not in default under the terms of the
<br />Agreement.
<br />2. Acknowledgement and Consent to Sublease. Lessor hereby acknowledges and consents to the
<br />sublease, license or the grant of a right of use for a portion of the Premises by Lessee to Verizon Wireless, its
<br />subsidiaries and affiliates (hereinafter "Verizon Wireless" and a "Sublessee" as defined below)
<br />3. Amendments.
<br />(a) Term of Lease. In addition to the extension of the term of the Agreement set forth and described
<br />in Section 2 of the First Amendment, the parties hereby agree that the term of the Agreement is further extended
<br />for four (4) additional periods of five (5) years each (each a "Renewal Term" and, collectively with the initial term
<br />of the Agreement, hereinafter the "Lease Term"), commencing on January 21, 2016 The Lease Term shall
<br />automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of' its intention not to
<br />renew at least ninety (90) days prior to the expiration of the Initial Term or current Renewal Term, as the case may
<br />be As amended and modified herein, unless otherwise cancelled or terminated as set forth in the Agreement. the
<br />final Renewal Term will expire on January 20, 2046.
<br />(b) Rental Escalations. Effective on January 21, 2026, and on January 21 of every year thereafter
<br />(each an "Adjustment Date"), the annual rent shall increase by an amount equal to four percent (4%) of the annual
<br />rent in effect for the year Immediately preceding the Adjustment Date Such rent escalations shall replace any
<br />rent escalations currently in the Lease.
<br />1
<br />FA. 10023046
<br />BUN 840753 — TC VERO
<br />Second Amendment
<br />
|