HomeMy WebLinkAbout2015-085y IFilm COPY
,ERTIFICATION ON LASTPAGE
J.R.SMITH CLERK
OR►4,Tf ,PE -v1 ArTO,RA) ,1
(Above space reterved for recd oder and recording information)
This instrument prepared by and after
recording return to:
Kirkland & Ellis LLP
300 North LaSalle Street
Chicago, IL 60654
Attn: Chris McAdam, Esq.
MEMORANDUM OF LEASE
This MEMORANDUM OF LEASE is made and entered into as of May 5 , 2015
by and between the Indian River County, a political subdivision of the State of Florida
whose address is 1840 25th Street, Vero Beach, FL 32960 Attn: Telecommunications
Manager ("Landlord"), and Capstar Radio Operating Company, a Delaware corporation,
as successor to Media VI, as successor in interest to Shargo, Inc., whose address is 2625
South Memorial Drive, Suite A. Tulsa, OK 74129. Attn: Steve Davis ("Tenant"), who agree
as follows:
1. Terms and Premises. Pursuant to a certain License Agreement (the "Lease") dated
May 7, 1996, Landlord has leased to Tenant and Tenant has leased from Landlord' that
certain real property (the "Premises"), more particularly described on Exhibit "A" which is
attached hereto and incorporated herein, commencing on May 7, 1996 and terminating on
October 27, 2022.
2. Purpose of Memorandum of Lease. This Memorandum of Lease is executed and
recorded to give public notice of the Lease between the parties and all terms and conditions
of the Lease are incorporated by reference into this Memorandum and this Memorandum of
Lease does not modify the provisions of the Lease. If there are any conflicts between the
Lease and this Memorandum of Lease, the provisions of the Lease shall prevail. The rights
and obligations set forth herein shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns. Any term not defined herein shall have
the meaning as set forth in the Lease.
3. Special State Law Provisions. Notwithstanding anything to the contrary elsewhere in
this Memorandum of Lease, with respect to Premises located in the State of Florida:
MOL FPR -009, Indian River, FL.
[HUECO?
;ERTIFICATION ON LAST PAGE
LR. SMITH, CLERK
The interest of Landlord in the Premises shall not be subject in any way to any liens,
including any lien rights under Chapter 713, Florida Statutes, for improvements to or other
work performed to the Premises by or on behalf of Tenant. Tenant shall have no power or
authority to create any lien or permit any lien to attach to the present estate, reversion, or
other interest of the Landlord in the Premises. All mechanics, materialmen, contractors,
laborers, artisans, supplies, and other parties contracting with Tenant, its representatives or
contractors with respect to the Premises are hereby given notice that they must look solely to
the Tenant to secure payment for any labor, services or materials furnished or to be furnished
to Tenant, or to anyone holding any of the Premises through or under Tenant during the term
of the Lease. The foregoing provisions are made with express reference to Section 713.10,
Florida Statues (2007). Tenant shall notify every contractor making improvements to the
Premises that the interest of the Landlord in the Premises shall not be subject to liens for
improvements to or other work performed with respect to the Premises by or on behalf of
Tenant.
4. Counterparts. This Memorandum of Lease may be executed simultaneously in
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
[SIGNATURES AND ACKNOWLEDGMENTS ON NEXT PAGE]
MOL FPR -009, Indian River, FL.
4 [RUECOPY
. ERTIFICATION ON LAST PAGE
J.R. SMITH. CLERK
IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum of
Lease as of the day and year first written above.
LANDLORD:
Board of County Commissioners,
Indian River County, Florida,
•w,issroi
3a:
,o,
to
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Wes ey Davis, Chairmg&RNEr ?.'
a�wr'
BCC approved: May 5, 2015
APPROVED AS TO FORM
AND E AL S . FFl
WilLiAti K. DESIMAL
DEPUTY COUNTY ATTORNEY
EST: Jeffrey R. Smith, Cd
of Court and Com•t"
B y / ..,-./.097,,,' --
Depu.t.' Cl.f --
(Landlord Acknowledgement)
STATE OF FLORIDA )
) ss
COUNTY OF INDIAN RIVER )
er
The foregoing instrument was acknowledged before me this day of May ,
2015, by Wesley S. Davis , who acknowledged that he executed this
instrument in his/her authorized capacity and on behalf of said BOCC and
that by his, signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
Seal:
MOL FPR -009, Indian River, FL.
Notary Public
Printed Name: Misty L . Pursel
TENANT:
Capstar Radio Operating Company,
a Delaware corporation
By:
Name:
Title:
TRUE COPY
CERTIFICATION ON LASTPAGE
J.R. SMITH. CLERK
Signed, sealed and delivered in the presence of:
Unofficial Witness
Unofficial Witness
(Tenant Acknowledgement)
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF )
) ss.
COUNTY OF )
On , 2015, before me, , a
(here insert name and title of the notary public), personally appeared
, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
Notary Public
Printed Name:
MOL FPR -009, Indian River, FL.
EXHIBIT A
(Legal Description of Premises)
LEASED PARCEL
ERN A POEM CF =WIG AT `?-= MITER=N CE OE. FIST RIC'_P-CF-riti-,Y LINE CF A 160-FCCT 4I RIGHT -CE -WAY RR
LCL "3" GiNAL IND RE S:LTH Rk P -C -AiIIY LINE CF A 250-KOT Th'LEE ?2IC12-{F RR OE SIJIFi ' GiNFL-L CF 4I£
=UN RIVER EARS TAPMDR SII' ICI, SPD P.O.B. lEINU IN RE S.E. 1/4 CF' OE S.W. 1/4 OF SB=N 13,
RLYNSH P 33 SCUM, R=im 39 EST, IIWN RIVER QNIY, FICRLI7A;
RN ? 'IERLY CN .T -11I) 33.31H FCBSIE -WiY LINE CF nE SUET: RELZ F CNPS, A L'IS-rN E CE €00 hi...kJ. TO A NT;
THS RN 3:no-Er-snarly IN A LITE na, TD TEE EF,SP RIG-CF-VAY LITE CF' LA" L "J" CnNAI, A ! i�'I"i�N E OF 603
FAY!' TO A RUT; THS RN SCIJOIA 4'rEITY INA LSE LTTE• '10 RE ' 1TLF RIG-N-CF—Y LINE (' of SMITH R= ,TV
aim", A 1S] NE OF 603 F 1' TO `_*-- Nati C' THE FPSP KULP-OF-WAY LITE OF =NE. "3" (7-1‘71,; 'II -IE RN
NCRITIC3aK.,Y CN a -ST run—L`—a--z LINE OF IA" '.L "3" C./WI A D=N:EOF Ea)) !. TO = P.O.B.
'1 E ( iNItR =HER Gr -NIS TO LILEN FE FN A4TFNE FR IN= AIS Et= 'ILD DOST' CERI_ `Lr_= TEEM CE 'IE[S LICEIM
GJER THE Maar; ; LE2R] J R.= T., Y, TCT 3I' IN INDIM RIVER OJNIY, Frrsirr�
Fats= :Fal T -E J3JE 12ESCRIRED FR=TY ID • DDCE FEG Y =NU IHE 30 F'1 LAIN;
IMrEDTh'r'rY SJETL'_-ui Y CF `I E R -�'--X ECR T4E S UOI RECD= MNPI, ?S AISNE EES ,.
CzRAar. R RRESER=. THE R C3Ir ID CWkNI' SAAR -MSEI,E11S 2D 015- 2 RAm,DEs
TAX PARCEL NUMBER (UP TO 17 DIGITS). 33-39-13-00000-5000-00041/0
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO C
A TRUE AND
THE ORIGI
OFFIC
IFY THAT THIS
ORRECT COPY
L ON FILE IN
FREY R. SMI
MOL FPR -009, Indian River, FL.