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Home My WebLink About2016-008 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Prepared by. Matthew J Traiser, Esq. 8805 Tamiami Trail North Suite 212 Naples, Florida 34108 Return to: Crown Castle Site BUN. 840753 —TC VERO 6430 Congress Avenue Suite 200 Boca Raton, Florida 33434 Cross Reference To j Parcel Number Book Page j STATE OF FLORIDA ) II COUNTY OF INDIAN RIVER ) i MEMORANDUM OF LEASE EXTENSION AND SECOND AMENDMENT THIS MEMORANDUM OF LEASE EXTENSION AND SECOND AMENDMENT ("Memorandum") is made effective as of the latter signature below (hereinafter "Effective Date") by and between by and between Indian River County, a political subdivision of the State of Florida (hereinafter "Lessor") with an address of 1801 27`i' Street, Vero Beach, Florida 32960 and Florida 2B MPI_ Tower Holdings LLC, a Delaware limited liability company(hereinafter"Lessee") by CCATT LLC, its Attorney in Fact ("CCATT"), having a place of business at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317 WHEREAS, Lessee and Lessor are parties to that certain Lease Agreement dated August 14, 1990 (the "Original Lease"), as amended by that Lease Extension and First Amendment dated November 18, 2014 (hereinafter "First Amendment and, together with the Original Lease, hereinafter referred to as the"Agreement") granting to Lessee a leasehold interest in and to a portion (which portion is hereinafter referred to as "Premises") of that real property located at 3925 65`i' Street, in the City of Vero Beach, County of Indian River, and State of Florida commonly referred to as the Winter Beach Tower, which property underlying the Premises is legally described in Book 896, Page 995 in the Official Records of the Indian River Register of Deeds (hereinafter "Property"), together with those certain access. utility. and/or maintenance easements and/or rights of way granted in the Agreement; and WHEREAS, pursuant to that Lease Extension and Second Amendment of even date here% ith (hereinafter "Second Amendment"), Lessor and Lessee have amended, modified, and extended the Agreement upon the terms and conditions set forth in such Second Amendment and the parties desire to 11 make this Memorandum to provide record notice of Lessee's rights under and pursuant to the Agreement, as amended NOW THEREFORE, The parties agree and acknowledge as follows 1. In addition to the extension of the term of the Agreement set forth and described in Section 2 of the First Amendment,the parties hereby agree that the term of the Agreement is further extended BUN 840753—TC VERO Memorandum of Second Amendment A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK for four (4) additional periods of five (5) years each (each a "Renewal Term' and, collectively with the initial term of the Agreement, hereinafter the "Lease Term"), commencing on January 21, 2016 As amended and modified herein, unless otherwise cancelled or terminated as set forth in the Agreement, the final Renewal Term will expire on January 20, 2046. The Lease Term shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew at least ninety (90) days prior to the expiration of the Initial Term or current Renewal Term, as the case may be. 2. The description of the Premises leased to Lessee under and pursuant to the Agreement is described and/or depicted on the attached Exhibit A. I Nothing in the Second Amendment nor in this Memorandum shall operate to amend, modify or alter the terms of the Agreement, other than as specifically set forth in the Second Amendment. 4 The purpose of this Memorandum is to set forth the description of the revised, amended and extended Lease Term, the description or depiction of the Premises leased to Lessee pursuant to the Agreement, any access and utility easements or rights of way granted pursuant to the Agreement, and to give record notice of the Agreement and of the rights created thereby; all of which are hereby confirmed. The terms of the Agreement and all amendments thereto are incorporated herein by reference [SIGNATURE PAGE FOLLOWS] BUN 840753—TC VERO Memorandum of Second Amendment .c �l A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK IN WITNESS WHEREOF, the parties have executed this Memorandum under seal as of the date set forth below LESSOR: ATTEST BOARD OF COUNTY COMMISSIONER ....•—�.., INDIAN RIVER COUNTY, FLORIDA •''Op�MISS� , Jeffrey R. Smith :'� *'-By. Bob Solari, Chairman Clerk of Court and Comptroller Approved by the BCC. ,7anuary 19, 2016 septi . Baird '••.SER COU ,� .......... ounty Administrator APPROVED AS TO(W A LEGAL SUFFICIENCY 4 ,--t William K. DeBraal Deputy County Attorney STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me this 19thday of January 2016 by Bob Solari, Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida Bob Solari, Chairman personally known to me or has produced as identification Given under my hand this 19th day of January , 201..6. My Commission Number* FF 65450 Notary Pu is My Commission Expires. January 11, 2018 Mi c;t-V T.- - 1 1 _ INIIIIIII�� Printed Name \\��\� L.pugS;i,/��/ �\ �` ••�SSION /i/ •!A F q" ?piA9 g l • �d(cN ° 11111 BUN 840753—TC VERO !! Memorandum of Second Amendment A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERIC LESSEE: FLORIDA 2B MPL TOWER HOLDINGS LLC. A l DELAWARE LIMITED LIABILITY COMPANY WITNESSES By, CCATT LLC, A DELAWARE LIMITED LIABILITY COMPANY ITS ATTORNEY IN FAC"I Witness By. Print Name- Its- Date Witness Print Name: STATE OF ) COUNTY ) The foregoing instrument was acknowledged before me this day of 2015 by the of CCATT, LLC, a Delaware limited liability company, the Attorney in Fact for Florida 2B MPL Tower Holdings LLC, a Delaware limited liability company. He/She is personally known to me or has produced as identification Given under my hand this day of 2015. My Commission Number- Notary Public My Commission Expires: Printed Name .f u fII 4 BUN 840753—TC VERO Memorandum of Second Amendment / Exhibit !7 LEGAL DESCRIPTION PARENT TRACT Site: VERO BEACH, R.S.A. STATE OF FLORIDA The East one-half of the Northwest onc-quarter of the Sou hATl tNMERCOUNTY quarter of Section 10, Township 32 South, Range 39 East, I nf"PIMERTIFY THAT THIS IS County, Florida. A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS LEGAL D SCRPTION OFFICE. LEASE PARCEL JE ,REY R H,CLERK BY D.C. DATE oZ I A parcel of land being a portion of the East one-half of the �.•�.1C�!�!M�ss�•.. Northwest one-quarter of the Southwest one-quarter of Section 10. Township 32 South, Range 39 East, Indian River County, Florida, r�� 9s•: being more particularly described as follows: r Commencing at the Northeast corner of the Northwest one-quarter of the Southwest one-quarter of said Section 10, q proceed o,•, :o: O"26*30" W along the Southwest aNorthwestst line of the one-quarterof said Section10 aone-quarter . 1,020 the53 ••'9��;ER000N�: o . feet: thence N 8933'30" W a distance of 274.35 feet to the Point of • Beginning: thence S 0026'30" W a distance of 50.00 feet: thence N 89904'59' W a distance of 58.00 feet; thence N 00026'30" E a dis- tance of 50.00 feet; thence S 89°04'59" E a distance of 58.00 feet to the Point of Beginning. Containing 2,899.9 square feet, more or less. LEGAL DESCRIPTION ACCESS/ANCHOR EASEMENT A parcel of land being a portion of the East one-half of the Northwest one-quarter of the Southwest one-quarter of Section 10, Township 32 South, Range 39 East, Indian River County, Florida, being more particu- larly described as follows: Commencing at the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of said Section 10, proceed N 89004'59' W along the North line of th� Southwest 1/4 of Section 10 a distance of 274.36 feet; thence S 00°26`30 ' W a distance of 40.00 feet to a point on the South right-of-way line of 65th o Street (AKA South Winter Beach Road), said point also being the Point of :;o .Beginning; thence S 00026'30" W a distance of 667.81 feet; th8nce O S 89o04'59" E a distance of 274.36 feet: thence S 00026'30" W a distance a - of 633.48 feet; thence N 69039'22" W a distance of 660.29 feet: thence tD N 00°26'40" E a distance of 640.09 feet; thence S 89004'59" E a distance O of 355.92 feet: thence N 00°26'30" E a distance of 667,81 feet to a point a) on said south right-of-way line of 65th Street; thence S 89°04'59" E along said south right-of-way line of 65th Street a distance of 30.00 feet tp the Point of Beginning. O Containing 440,485.5 square feet or 10.11 acres, more or less. i