11/20/2018_SpecialCall - Laserfiche WebLink

Home Browse Search

L, REAL ESTATE LEASE (Land, Inside ROW — Annual Term) The Real Estate Lease (this "Lease") is made effective as of this _ day of , 201_, by and between FEC ROW LLC, a Florida limited liability company ("Lessor") and [Name of Lessee], a [Type of Entity], whose business address is [Lessee's Address] ("Lessee"). LA Leased Premises: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor under the terms and conditions set forth in this Lease, the following described property: SEE EXHIBIT A [Attached hereto and made a part hereof) All as shown on Lessor's Drawing No [Insert Drawing #l, dated [Insert Drawing Datel, attached hereto as Exhibit B, and made a part hereof, located within the Florida East Coast Railway, L.L.C. right of way (the "ROW") (collectively with any buildings, facilities and improvements currently or in the future located on the described property, the "Leased Premises"). LB Railway and BRIGHTLINE are Third Party Beneficiaries The parties hereto agree and acknowledge that (i) Lessor, formerly known as FDG Flagler Station H LLC, which, in turn, was formerly known as FDG ROW Holdings LLC, and Florida East Coast Railway, L.L.C., successor by merger to Florida East Coast Railway Company (the "Railway") entered into that certain First Amended and Restated Grant of Easements (the "Easement") as recorded in Book 46741 Page 177 in current Public Records of Broward County, Florida, pursuant to which the Railway granted to Lessor certain rights with respect to the ROW, including the right to enter into this Lease, and (ii) the terms and conditions of the Easement require that the Railway and Brightline Trains LLC `BRIGHTLINE" (including its successors and assignors) shall be third party beneficiaries of this Lease due to the Railway's and BRIGHTLINE's continuing use of the ROW. Accordingly, by executing this Lease (with initials set forth below), Lessee agrees to abide by the terms and conditions set forth herein (including, without limitation, those terms and conditions that are for the benefit of the Railway and BRIGHTLINE) and that, in addition to the rights and remedies granted Lessor herein, the terms and conditions set forth herein shall be enforceable against Lessee by the Railway and BRIGHTLINE as third party beneficiaries. Further, unless requested otherwise by Lessor and excluding payments hereunder, a copy of each notice, request (including requests for consent) and/or delivery made by the Lessee hereunder to Lessor shall be simultaneously delivered to the Railway at c/o General Counsel, Florida East Coast Railway, L.L.C., 7411 Fullerton Street, Suite 300, Jacksonville, Florida 32256. County: [ Insert County ] 1 File No.: [ Insert File No. ]