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Home My WebLink About2014-184It/iv/a-014 /8 y Prepared by: Black Dot Wireless 27271 Las Ramblas, Suite 300 Mission Viejo, CA 92691 Return to: CCATT LLC 2000 Corporate Drive Canonsburg, Pennsylvania 15317 MEMORANDUM OF LEASE EXTENSION AND FIRST AMENDMENT This Memorandum of Lease Extension and First Amendment ("Memorandum") is entered into on this 18 day of November , 2014, by and between Indian River County, a political subdivision of the State of Florida, having a mailing address at 1801 27" Street, Vero Beach, FL 32960 (hereinafter referred to as "Lessor") and Florida 2B MPL Tower Holdings LLC, a Delaware limited liability company, by and through its attorney-in-fact CCATT LLC, a Delaware limited liability company having a mailing address of 2000 Corporate Drive, Canonsburg, Pennsylvania 15317 (hereinafter referred to as "Tenant "). WHEREAS, Lessor and Bellsouth Mobility Inc. ("Original Tenant") entered into that certain Lease Agreement dated August 14, 1990 (as amended and assigned, the "Agreement"), whereby Lessor leased to Original Tenant a portion of that property (said leased portion being the "Premises") located at 3925 65th Street, in the City of Vero Beach, County of Indian River, State of Florida, commonly referred to as the Winter Beach Tower, which property underlying the Premises (the "Property") is described in Book 896, Page 995 in the Indian River County Register of Deeds Office ("Registry"), together with those certain access, utility and/or maintenance easements and/or rights of way granted in the Agreement; and WHEREAS, Florida 2B MPL Tower Holdings LLC is now the lawful and responsible Tenant under the terms of the Agreement and the First Amendment; and 1 WHEREAS, the term of the Agreement between Tenant and Lessor ("the Parties") will expire in January 20, 2016, and the Parties entered into that certain Lease Extension and First Amendment of approximately even date herewith ("First Amendment"), of which this is a memorandum, to extend the Agreement, and to make certain other changes, as set forth below. 1. The Agreement commenced and has been in effect since January 21, 1991 and the parties agree to continue the Agreement with two (2) additional five (5) year extension terms commencing on January 21, 2016. 2. The portion of the land being leased to Tenant (the "Leased Premises") is described in Exhibit 1 annexed hereto. 3. If Lessor, at any time during the Term of the Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Lessor shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to the Agreement and Tenant's rights hereunder. 4. Lessor agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant's Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Lessor or Lessor's prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Lessor shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment. 5. If at any time after the date of the First Amendment, Lessor receives a bona fide written offer from a third party seeking an assignment or transfer of the Rent payments associated with the Agreement ("Rental Stream Offer"), Lessor shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within ninety (90) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Lessor within the ninety (90) day period, Lessor may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of the Agreement. If Lessor attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under the Agreement and reserves the right to hold payments due under the Agreement until Lessor complies with this Section. 6. This Memorandum contains only selected provisions of the First Amendment, and reference is made to the full text of the Agreement and the First Amendment for their full terms and conditions, which are incorporated herein by this reference. Except as otherwise provided in 2 the First Amendment and this Memorandum, the terms and conditions of the Agreement remain in full force and effect. This instrument may be executed in any number of counterparts, each of which shall be deemed an original and which together shall constitute one and the same instrument. All capitalized terms used but not defined herein shall have the same meanings as defined in the First Amendment or the Agreement, as applicable. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. FLORIDA 28 MPL TOWER HOLDINGS LLC A DELAWARE LIMITED LIABILITY CO. BY: CCATT LLC, A DELAWARE LIMITED LIABILITY COMPANY ITS: ATTORNEY IN FACT BY: (printed na (title) Helen Smith Real Estate Transaction Manager Appras to dficiency William K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Wesley S. Davis, Chairman Board of County Commissioners Approved by the BCC: 11-18-14 ATTEST: Jeffrey R. Smith, Clerk of Court And Comptroller BY: c(, Deputy Clerk of Court J seph A Baird, County Administrator ' •*. • sto.. rte: • • * 3 STATE OF FLORIDA COUNTY OF INDIAN RIVER I certify that I know or have satisfactory evidence that LSI . botV I is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Chairman ofthe •B.. _ . • • •• . u u ' .* the free and voluntary act of such party for the uses and purposes mentioned in the instrument. LESSOR ACKNOWLEDGEMENT SS. DATED: OVta b 1 O z o i 4 *of Indian River County, Florida, a political subdivision of the State of Florida Signature L-. 1 1v` cl.�'se (Legibly Priv' or Stamp Name of Notary Notary Public in and for the Stto of My appointment expires: 4 TENANT ACKNOWLEDGEMENT STATE OF -1-eyA-5- COUNTY OF t -t. -\S I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he/she voluntarily signed the foregoing Memorandum of First Amendment to Lease Agreement for the purpose stated therein and in the capacity indicated: Florida 2B MPL Tower Holdings LLC, a Delaware limited liability company, by its Attorney in Fact, CCATT LLC, a Delaware limited liability company, by 4-4-e t -e , its Date: to l t b ((q [SEAL OR STAMP] By: Print Name: (Ar -e Notary Public My Commission Expires: 3' t' lg Vt� h r-eSJ y 5 S ��P vut:u� t �blic slaU_u) Texas Exhibit 1 to Memorandum of Lease Leased Premises The Leased Premises is located on a portion of the Property described and/or depicted as follows: The East one-half of the Northwest onc-quarter of the Southwest one- quarter of Section 10, Township 32 South, Range 39 East, Indian River County, Florida. LEGAL DESCRPTION LEASE PARCEL A parcel of land being a portion of the East one-half of the Northwest ore -quarter of the Southwest one-quarter of Section 10. Township 32 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Commencing at the Northeast corner of the Northwest one-quarter of the Southwest one-quarter of said Section 10. proceed 5 00'26'30" W along the East line of the Northwest one-quarter of the Southwest one-quarter of said Section 10 a distance of 1,020.53 feet: thence N 89033'30" W a distance of 274.35 feet to the Point of Beginning: thence S 00°26'30" W a distance of 50.00 feet: thence N 89°04'59' W a distance of 58.00 feet: thence N 00°26'30" 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. 6 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 89°04'59' W along the North line of the 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 Street (AKA South Winter Beach Road), said point also being the Point of Beginning: thence S 00°26'30" W a distance of 667.81 feet; thence S 89°04'59" E a distance of 274.36 feet; thence S 00°26'30" W a distance -of 633.48 feet; thence N 89°39'22" W a distance of 660.29 feet; thence N 00°26'40" E a distance of 640.09 feet; thence S 89°04'59" E a distance of 355.92 feet; thence N 00°26'30" E a distance of 667.81 feet to a point 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. Containing 440,485.5 square feet or 10.11 acres, more or less. 7