HomeMy WebLinkAbout2002 - Short Form Option & Lease AgreementPREPARED BY AND AFTER
RECORDING RETURN TO:
:Ranine A. Calloway, Esq.
Crown Castle International
6413 Coo4ress Avenuc
Suite 250
Boca Raton, Florida 33487
SHORT FORINT OPTION
AND LEASE AGREEMENT
IN THE RECORDS OF
JEFFREY K BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO., FU..
This Short Form Option and Lease Agreement is made thisZCday of Fg ,
2002, between CITY OF SEBASTIAN, whose address is 1225 Main Street, Sebastian Florida
32958, hereinafter designated LESSOR, and BELLSOUTH MOBILITY LLC, a Georgia LLC,
dba Cingular Wireless, successor in interest to Bellsouth Mobility, Inc., a Georgia Corporation,
with offices at 5100 Atlantic Boulevard, Norcross, Georgia 30071, hereinafter designated
TENANT.
WITNESSETH:
LESSOR, upon the terms and conditions more particularly set forth in that certain Option
and Lease Agreement dated as of even date herewith by and between LESSOR and TENANT
("_Option and Lease Agreement"), which terms and conditions are incorporated herein by
reference, and in consideration of the rent and covenants therein provided, does hereby grant to
TENANT an option (the "Option") to lease that certain property more particularly described on
Exhibit attached hereto and incorporated herein by reference (the "PropertX"), and TENANT
hereby accepts the Option.
1. LESSOR hereby leases to TENANT the Property for an initial term of five (5)
years upon the terms and conditions set forth in that certain Option and Lease Agreement dated
June 15t 2000.
2. TENANT further has the option to cxtend the initial term for four (4) additional
consecutive five (5) year period upon the terms and conditions set forth in the Option and Lease
Agreement (the "Extension Option"). For purposes of providing notice to third parties
hereunder, it shall be presumed that the Extension Option has been exercised in the future unless
TENANT executes and records in the public records an instrument which indicates that the
Extension Option has not been exercised or this Short Form has been terminated.
3. LESSOR covenants that upon exercise of the Option, TENANT, on paying tie
rent and performing the covenants set forth in the Option and Lease Agreement, shall peaceably
and quietly have, hold and enjoy the Property.
8rrE NAME: VERO a
8RE NUMBER: 80ma
A TRUE CM
CERTIFICATIN QM LAI? NO
J.K. URTONs CLERK
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4. It is understood that this is a Short Form Option and Lease Agreement, which is
for the same rents and upon the same Agreement, which. Option and Lease Agreement is
incorporated herein by reference and shall be a part of this instrument as fully and completely as
if the same were set forth herein. •
IN WITNESS WHEREOF, LESSOR and TENANT have signed, sealed and delivered
this Short Form Option and Lease Agreement as of the date and year first above written for the
purpose of providing recorded notice of TENANT's rights under the Option and Lease
Agreement.
Signed, sealed and delivered
in the presence of:
;6 S�'4
Print Name: R. ch S4+r•'!!5A=
SIE NAME VERO6
SITE NUMBER 601858
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LESSOR:
CITY OF SEBASTIAN
O' cer's Name:T
Title: ` .,
[Acknowledgments appear on the following page.]
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON. CLERK
STATE OF (� ,
COUNTY OFIA,&.,
_�.fkv—
T�oing i
-udLvQ 2hy
AA a�
esnal know me or has
SrFE NAME: VERO a
SrTE NU soissa
ent was acknowledged before me this � day of
a^ r"W._, as
of The City of Sebastian, on behalf of said City. She/He is
;ed . -as identification.
NOTARY P%UC
Print Name:.
My Commission Expires:
(NOTARY SEAL)
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K. BARTON, CLERK
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA:
: ss
COUNTY OF PALM BEACH:
TENANT:
BELLSOUTH MOBILITY LLC, a
Georgia Limited Liability Company dba
Cingular Wireless
�4d �mjLal
—efficei"s Name: h
Title: n UO ' '-jolowla
qzz rT e f e of instrument was acknowledged before me this �ay of
2002, by. Wend er of Bellsouth Mobility LLC, a Georgia LLC, dba
Cingular Wi ess. She i personally known tom or has produced as
identification.
Signature of Notary P b11
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Printed Name of Notary Public:
My Commission Expires: a J
Iq J �06+ [Seal]
SITE NAME: VERO 6
SITE NUMBER: 801858
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%RENT TRACT LEGAL OESCMpTION: 4
ICT W,REPLAT OF SCHOOL PARK SUBONISION. ACCORDING TO nE PLAT THEREOr AS RECORDED IN RAT BOOK Z PACE 29 PUBLIC AS si FO MVRKUSED. THE BENCkWRK
CORDS OF INDIANRNERCOUNTY.FLORIDA ASLLOwS DISAPURKJNN GE00ETK SUtVEYSENQi
BJ6CTTORESTRICiK*M RlGNTS•OF4qVYANOEASUTM OF RECORD
NTAS(NO 351.311 FEET OR 0.2046, MORE OR LESS.
Pvm CASTLE INTERNATIONAL LEAS@ $ITE LEGAL DESCRIPTION:
I ARCIiOFLAND BENGAPORTION OFTRACT -jr REPLATOFSCHOOL PARKSUBDIKW. AS RECORDEDNRATBOOK2,PAGE2pOfTNi
3LIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESLTSBEDAS FOLLRA
MMB
TSTA CT!OF35 NORTHEASTODRN(9IOFSNOTRACT'g;T1E►JCESOViH69�,QST.ALONGTItEHORTHL1Ft£QFgAIpPARENfTRIVCT
ISTMLCE OF SE SI fEET;
THENCE bourH 00'17]2 EAST. A OISUNCE OF 10.00 FEET. TO THE POINT Of BECINMi O OF THE FOLLOIACNG
TCRIBEO LEASE SDE:
]4CESOUT14007S't9'EASTA DtSTANCEOFSO 0p FEET- n{guCESOUTH
Si, A OfSTANCE OF 50310 FEET: nENCE NORTH 09.4272• EAST ADSTANCE OF 60.W FEET TO PONTISTANCEOF BE ON� iH007S19'
ITAIi WG ZS00 SQUARE FEET OR 0.05739A%CIURS, MORE OR LESS.
OWN CASTLE INTERNATIONAL ACCESS EASUMM LEGAL DESCRJPTION:
OT WIDE STRIP OFLMID FORACCESS EASEMENT PURPOSES. SND STRIP BENO APORTION OF TRACT'S . REPLAY OF SCHOOL PARK
tDNtSICK AS RECORDED N PLAT BOOK Z PAGE 20 OF THE PUBLIC RECORDS OF NDIMt I, COUNTY, FLORIAAAND BEND MORE
:TICULAMY DESCFVWDAS FOLLOMf
VAENCEAT THE NORTHEAST CORNER raNTOF DEGNLtNO) OF THE ABOVE OESCIUEO CROWN CASTLE INTERNATIONAL (EASE SITE;
NCE SCEFTH0076'1rEART ALONGTHE EAST LNE OFSAiD LEASE SITE•ADISTAMCE OF SOHO FEET; TIIEFJCE SOUTH SE74722• NESTALONG
SOUTH LINE OF SAID LEASE SRC, I OACCCE C1R SOAP FEET, TO THE SOUTHVIEST CORNER OF SAID LEASE SITE ANO THE POINT OF
RNNING OF THE FOLLOw1NG DESCRtSEpACCESS EASEMENT;
MCS NORTH 09.42'26'E AST TOAPONT ON THE EASTLINIE OFSAID71WT'0 . ADMANCEOF
4G S6S,SSfE$7 n ENCS SOUTH 00-31123- VWST.
SAID EAST LIKE oP SND TRACT'S'. A DISTANCE OF 20.00 FEET; THENCE SOUTH S9422S WEST A DISTANCE OF 6523 FLET: THENCE
'TH OCli3r WEST AOISTANCE OF 20.00 FEET, TO THE POINT OF SECtNHtNQ
'ES:
NOT VALAVNngUT THE SIGNATURE AND THE ORrOWALRAISED SEAL OF A FUORIQALK ENSEo SURYEI ORAWOAUPPFR
NO ABSTRACTOF THE RiEJC REODiI03 FOR FA$EME►ITS OR RKi fTSpFAf WY VMS PROVIDED TO OR CONDUCTED BYTHM OFFKF
M KOMKSTAMPEaF20019et
06 ML SCUTA FROM SEBASTIAN. 02 iRll; SOLIDI AIDING THE FLORIDA EAST COAST RNLVVAY FROM THE STATIO:
ABOUT 0.1 MILES SOUTH OF M:LOF�OST NO. 215. N SECTION a, R S9E, T 313. p0 FEET wEST OF THE CEMER OF TI
STATE kIOFMYAYSI2AHDTHE H4:ST TRACK, 2C SIfEETSOUTHIOF THECP•NTER IJNE OFTHEHTGFCVW►Y, 21 FE6TEA5T
LINEOF A BLACK TOP RQA7, bET N THE TOP OF THE &OVf1IL'JL470tMNER OF /Y1 ABMIDOHEO DONORETE BASE,y%
61JPF'ORTEO A M0IIUMENT, OS FOOT NORTf41AESi OF n/E BOU.O�►T7 CORNER OP THE EASE. ABOUT LEVELVAm
TItEHIGIRNaYANOA80llT2FEETOEWWi�ygLOFTIEiRaCT.NOTE•Tfd RNLitOIpSTATKfNNOIONGERFX!$
OF THE CDJTESR Gf THE OROSStNG GF SiATE HIGFIVWY 512 AWD THE WEST TRACT ELEVAnoN PUBLISHIEO B
GEOp[TIO SURVEY IS QEl/AT1oN 1p.7t
4) nes SKETCH REPWMNUA BOUNOMy SURVEY OF THE CRONN CASTLE INTERNATIONAL LEASE SITE ONLY.
5 ABOVE GROUNDIMPROVENEMSy4REWCATEOCNLYASSPECOMoeyCROV%FLCM—LEWEMATIONALANDSUB
6) WARNOSSHtTVYN► MONARCSASFDONAGRIDSEARNOOFNOMH24'i3'ltrmSTBETv.EEmm1DWymmcoLm
PoWTS CPS 20 AND CP2160. TIE CfW BEARNG VOTED NTOVE 13 BASED UPON STATE PIANS COORDWaTES, MC
DATUM OF 1953(19"ADAZTMENT),FLOMAEASTZOIE,TRMSWRSEMCRCATbRppaECTM SpRO}�tpEDBYA
COUNTY SURVEY DEPARTMENT.
71 THE SIRRM INFORMATION FOR THE PAREiIT TRACT AS SHOMN HEREON, IS BASEOUPONA SURVEY BY JAMES E
PROJECT N0. 472.OZ-0OR, OATEOAPRi.2,1967.NOTE: BEM LOGS fROMSAb 6VRVEYAVRESASEO UPONAN ASSU1 tE0 t
ROTAT®001ST70•CIOCKVRISEFROMTLEGRlris ,OROS SFFt HEREON.
NOR NSSULlEDBFJVRtNG JAMS E. NQJHAUSI; NCS
NORTHS9'4S00' EAST (GRID W-M"G • W L FMH 2 OowANy. LNG)
CERTIFICATION:
1 HEREBY CfiRT fA
THAT THE SOUMDMYMID TOPOGRAPHIC SURVEY 9"" HEREON MEETS THE MtVmum TEO fmck S'.
SURVEYING N A R.ORID E SET FORTH BYTHE FLORIDA BOARD OF PROFESSIONAL SLRtEYORS AND MAPpE:
61G17,FLORIDRATIVEOOOEPURSUANTTOSECTION472.021FLORIDASTATULEB.
W. L, FiSH E INC.
BFE K1NALmApmRFLORIDA ATEANDS23S
DATA;GFLASTnELDworst JIMr 2000
CASTLE
LEASE SITE P.O.B. CRO* WN CASTLE
_ INTERNATIONAL LEASE SITE P.O.C. CROWN CASTLE
20N Roo 4 & P.O.C. CROWN CASTLE INTERNATIONAL LEASE SITE':
JU &MO PR.Lf. ,RAI.. INTERNATIONAL ACCESS EASEMENT N•E. CORNER PARENT TRACT
LI
6 y O n� � {� � t CORNER LEASE SITE
(� J 0 1 V FOUND P.R.M. 2.94'Vl.
PREPARED BY:
Christy Brady Janssen, P.A.
2406 N. Lakeside Drive
Lake Worth, FL 33460
AFTER RECORDING RETURN TO:
CROWN CASTLE USA
6413 NORTH CONGRESS AVE.
SUITE 250
BOCA RATON, FLORIDA 33487
ATTN: JIM SNAY
FOLIO #
SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
THIS SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
("Amendment") is made as of the day of , 200_ between, CITY
OF SEBASTIAN, a Florida municipal corporation ("Landlord") and BELLSOUTH
MOBILITY LLC, a Georgia LLC ("BellSouth"), d/b/a Cingular Wireless, successor by
corporate election to BellSouth Mobility Inc., a Georgia corporation.
WITNESSETH:
WHEREAS, BellSouth and Landlord entered into that certain Option and Lease
Agreement dated as of June 15, 2000 (as amended by that certain Addendum to Lease of
event date therewith and that certain First Amendment to Option and Lease Agreement
(the "First Amendment") dated as of November 16, 2000, the "Lease"), wherein
BellSouth leased certain real property located in Indian River County, Florida as more
fully described on Exhibit "A" therein ("PLop "), a memorandum of which Lease was
recorded on April 19, 2002 in Official Records Book 1483, Page 285, official records
book of Indian River County, Florida; and
WHEREAS, the parties desire to enter into this Amendment in order to, among
other things,.grant to BellSouth anew access easement and. a dedicated parking space
upon the terms and conditions as more fully set forth herein.
NOW THEREFORE, for the mutual covenants and premises herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby mutually
acknowledged, the undersigned parties, intending to be bound, hereby agree as follows:
1. Status of Parties. The parties each acknowledge that, to the best of its
knowledge the other party has complied in all material respects with the obligations
under the Lease accruing on or prior to the date hereof and that, to the best of its
knowledge, the other party is not in dcfault under the terms of the Lease.
Site NO.: 801858/Vero 6
2. Relocation of Access Easement. This Amendment is being executed in
order to relocate the existing twenty foot (20") wide non-exclusive right for ingress and
egress granted to BellSouth as more particularly set forth in the Lease ("Existin
Easement") to such location as set forth on the rough sketch attached hereto as Revised
Exhibit "A" (the "Relocated Easement'). Landlord hereby grants to BellSouth, -its-
subtenants, colocators, licensees, and/or assigns, the right to utilize such Relocated
Easement for the nonexclusive right for ingress and egress, seven (7) days a week,
twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the
installation and maintenance of utility wires, cables, conduits and pipes over, under or
along such Relocated Easement. Such Relocated Easement shall be included in the
definition of "Property" as set forth in the Lease. BellSouth shall have the right to survey
the Property and the Relocated Easement, and said survey shall then become Revised
Exhibit "B" hereto, with Revised Exhibit "B" thereby replacing Exhibit "B" of the Lease
and replacing Exhibit "A" of the Short Form Option and Lease Agreement recorded in
Official Records Book 1483, Page 285, official records of Indian River County, Florida,
as the legal description of the Property. Revised Exhibit "B" shall control in the event of
discrepancies between Revised Exhibit "A" and Revised Exhibit "B." Any such
Relocated Easement described herein shall be at the sole cost and expense of BellSouth.
3. Release of Existing Easement. Upon the recordation of this Amendment,
BellSouth h ereby releases t o Landlord all r ight, c laim, t itle a nd i nterest i n and t o t hat
certain Existing Easement as such Existing Easement is more particularly defined in the
Lease and on Exhibit "A" of the Short Form Option and Lease Agreement recorded in
Official Records Book 1483, Page 285, official records of Indian River County, Florida
("Released Easement"). Accordingly, as of the date of recording of this Amendment,- the
Lease shall not include the Released Easement, but shall include the Relocated Easement.
4. Dedicated Parking Space. Landlord hereby grants to BellSouth the right
to utilize that certain parking space depicted on Revised Exhibit "A" attached hereto (the
"Parking Space"). Accordingly, the definition of "Property" as set forth in the Lease and
the Short Form Option and Lease Agreement recorded in Official Records Book 1483,
Page 285, official records of Indian River County, Florida, is hereby amended to include
the Parking Space. BellSouth shall have the ability to place a sign within such Parking
Space that indicates such space is for Crown Castle South LLC's use alone.
5. Capitalized Terms. Capitalized terms not otherwise defined herein shall
have the meanings set forth in the Lease.
6. No Other Amendments. Except as expressly modified by this
Amendment, the Lease and the First Amendment remain unchanged and in full force and
effect.
7. Recordation. This Amendment shall be recorded upon -the execution of
all parties.
2
Site NO.: 801858Nero 6
IN WITNESS WHEREOF, the undersigned have executed this
Amendment the day and year first above written.
Signed, sealed and delivered in the LANDLORD: .
presence of:
ATTEST: CITY OF SEBASTIAN
R._� IT.M -
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Print Name:
STATE OF FLORIDA
ss
COUNTY OF INDIAN RIVER
By: _
Name:
Title:
The foregoing instrument was acknowledged before me this day of
, 200_, by and
, the and
the of the CITY OF SEBASTIAN, a Florida municipal
corporation, on behalf of said corporation, respectively. They are personally known to
me or have produced as identification.
Signature of Notary Public
Printed Name of Notary Public:
My Commission Expires: [Seal]
3
Site NO.: 801858Nero 6
Signed, sealed and delivered in the
presence of:
Print Name:
BELLSOUTH:
BELLSOUTH MOBILITY LLC, a Georgia
limited liability company d/b/a Cingular Wireless
By:
Print Name: Name:
Title:
STATE OF
SS
COUNTY OF
The foregoing instrument was acknowledged before me this day of
200_2 by , the
of BELLSOUTH MOBILITY LLC, a Georgia limited
liability company dba Cingular Wireless, on behalf of said company. She/He is
personally known to me or has produced as identification.
Signature of Notary Public
Printed Name of Notary Public:
My Commission Expires: [Seal]
4
Site NO.: 801858Nero 6
REVISED EXHIBIT "A"
[ATTACH SURVEY OF LEASED PROPERTY AND NEW EASEMENT AREA
AND PARKING SPACE]
Site NO.: 801858Nem 6
GG 17
REVISED EXHIBIT B
[ATTACH LEGAL DESCRIPTION OF LEASED PROPERTY AND NEW
ACCESS EASEMENT]
0
Site NO.: 801858Nero 6