HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-137Temp. Reso # 12127
November 21, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011- 137
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE FIFTH AMENDMENT
AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE FIFTH AMENDMENT TO AMEND SECTION 2 OF
THE FOURTH AMENDMENT TO THE SITE LEASE
AGREEMENT WITH TOWERCO ASSETS LLC FOR THE CELL
TOWER SITE LOCATED AT 9101 NW 57T" STREET IN
TAMARAC, PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 19, 2006 the City of Tamarac closed on the purchase of the
property located at 9101 NW 57th Street, Tamarac, Florida 33351 from Tamarac Jewish
Center, and
WHEREAS, the property contained a cell site with a stealth tower (flagpole) and
ground facilities constructed by Nextel; and
WHEREAS, The City, by its acquisition of this property, took over the existing site lease
agreement between Tamarac Jewish Center and Nextel; and
WHEREAS, on September 23, 2008, Nextel as the lease holder and the owner of the
tower executed Assignment and Assumption of Ground Lease with TowerCo Assets LLC
(TowerCo); and
WHEREAS, on April 13, 2011, City Commission approved Fourth Amendment
attached hereto as Exhibit 1 to the Site Lease Agreement with TowerCo to increase the
ground space by about 680 square feet and to increase the monthly rent by $1,000; and
WHEREAS, the potential tenant for the additional space at that time, AT&T Wireless
elected not to enter into a sublease agreement with TowerCo; and
WHEREAS, MetroPCS Florida, LLC (MetroPCS) now desire to enter into a sublease
Temp. Reso # 12127
November 21, 2011
Page 2
agreement with TowerCo for the additional space on the said property; and
WHEREAS, TowerCo, now propose Fifth Amendment to amend the Fourth
Amendment to the Site Lease Agreement to replace any references to AT&T and AT&T
Sublease Fee with MetroPCS and MetroPCS Sublease Fee; and
and
WHEREAS, the financial terms of the existing Site Lease Agreement remain the same;
WHEREAS, the Director of IT recommends approval of the amendment; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the
best interests of the citizens and residents of the City of Tamarac to approve and to authorize
the appropriate City Officials to execute Fifth Amendment attached hereto as Exhibit 2 to Site
Lease Agreement with TowerCo to amend Section 2 of the Fourth Amendment to replace any
references to AT&T and AT&T Sublease Fee with MetroPCS and MetroPCS Sublease Fee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution. All
exhibits referenced herein are incorporated and made a specific part of this resolution.
SECTION 2: The City Commission approves the Fifth Amendment and the appropriate City
Officials are hereby authorized to execute the Fifth Amendment to the Site Lease Agreement
with TowerCo to replace Section 2 of the Fourth Amendment replacing all references to AT&T
and the AT&T Sublease fee with MetroPCS and the MetroPCS Sublease fee.
SECTION 3: The financial terms of the Site Lease Agreement remain the same.
SECTION 4: The appropriate City Officials are hereby authorized to sign all necessary
permit applications on behalf of the City as property owner so this amendment can be
processed.
Temp. Reso # 12127
November 21, 2011
Page 3
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this /� day of I)Vajnl�, 2011.
ATTEST:
PETER M. J. RIOHARDSON, CRIV
CITY CLERK.
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I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
olr�/ All, , , �,1,-X-k'
SAMUEL S. GORE
CITY ATTORNEY
AA�A �L r 3L . I
PAMELA BUSHNEL
Mayor
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 1: COMM. SWENSON
DIST 2: COMM GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSL R�
�?Xhlklv
Temp. Reso # 12007
March 16, 2011
Page 1
' CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011- ,j F
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING THE FOURTH
AMENDMENT AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE FOURTH AMENDMENT TO SITE
LEASE AGREEMENT WITH TOWERCO ASSETS LLC TO
INCREASE THE GROUND SPACE BY ABOUT 680 SQUARE
FEET AT THE CELL TOWER SITE LOCATED AT 9101 NW 57T"
STREET IN TAMARAC AND TO INCREASE THE MONTHLY
RENT BY $1,000, PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 19, 2006 the City of Tamarac closed on the purchase of the
property located at 9101 NW 57t' Street, Tamarac, Florida 33351 from Tamarac Jewish
Center, and
WHEREAS, the property contained a cell site with a stealth tower (flagpole) and
ground facilities constructed by Nextel; and
WHEREAS, The City, by its acquisition of this property, took over the existing site lease
agreement between Tamarac Jewish Center and Nextel; and
WHEREAS, on September 23, 2008, Nextel as the lease holder and the owner of the
tower executed Assignment and Assumption of Ground Lease attached hereto as Exhibit 6
7
with TowerCo; and
WHEREAS, TowerCo, as the current Lessee, proposes this Fourth Amendment to the
Site Lease Agreement to increase the ground space by about 680 square feet and to increase
the monthly rent by $1,000; and
WHEREAS, the financial terms of the existing Site Lease Agreement remain the same;
and
Temp. Rew # 12007
March 16, 2011
Page 2
WHEREAS, the Director of IT recommends approval of the amendment; and
1
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the
best interests of the citizens and residents of the City of Tamarac to authorize the appropriate
City Officials to execute Amendment to Memorandum of Agreement attached hereto as
Exhibit 7 and Fourth Amendment to Site Lease Agreement with TowerCo to increase the
ground lease space by 680 square feet and to increase the monthly rent by $1,000, attached
hereto as Exhibit 8.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution. All
exhibits referenced herein are incorporated and made a specific part of this resolution.
SECTION 2: The City Commission approves the Fourth Amendment and the appropriate City
Officials are hereby authorized to execute Amendment to Memorandum of Agreement and the
Fourth Amendment to Site Lease Agreement with TowerCo to increase the ground lease
space by 680 square feet and to increase the monthly rent by $1,000.
SECTION 3: The financial terms of the Site Lease Agreement remain the same.
SECTION 4: The appropriate City Officials are hereby authorized to sign all necessary
permit applications on behalf of the City as property owner so this amendment can be
processed.
Temp. Reso # 12007
March 16, 2011
Page 3
SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this 13 day of � �- , 2011.
ATTEST:
PETER M. J.
CITY CLERK. /
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I HEREBY CERTIF�YITHAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAMUE S. GOREN Uva
CITY ATTORNEY
V
PAMELA BUSHNELL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL i-
DIST 1: COMM. SWENS N
;4,:��-
DIST 2: V/M GOMEZ
---
DIST 3: COMM. GLAS R��--
DIST 4: COMM. DRESSLER 2 ----7 ---'
INSTR # i0818752s
OR 9K 45734 pgM 1457 -1455
RECORDED 10107/08 o9:13:5s
BROW40D COUNTY COMMISSION
DEPUTY CLER)(3330
04, 9 Pas
This Instrument Prepared By
TowerCo Acquisition LLC
5000 Valleystone Drive
Cary, North Carolina 27519
ASS19Nl11ENT AND ASR@4PTIP GRQUND LEASE
THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE (" ent") is
made, entered into and effective as of this Q'o day of September, 2008 ("Transfer Date"), by
Nextel South Corp., a Georgia corporation, having an address at 6391 Sprint Parkway, Mailstop
KSOPHT0101-7.2650, Overland Park, Kansas 66251-2650 (" s' r"), to Tower Entity 10
LLC, a Delaware limited liability company, having an address at 6391 Sprint Parkway, Mailstop
KSOPHT0101-z2650, Overland Park, Kansas 66251-2650 (" ssi ").The notice address
for the Assignee shall be; Tower Entity 10 LLC c/o TowerCo Acquisition LLC, 5000
Valleystone Drive, Cary, North Carolina 27519.
Preliminary Statement:
Pursuant to that certain Purchase and Sale Agreement dated as of July 23, 2008 (as
amended, modified and supplemented from time to time, the "Pure e�A ent"), by and
between TowerCo Acquisition LLC, the parties identified as sellers therein (including Assignor),
Sprint Spectrum L.P., as agent for such sellers and the "Tower Entities" (including Assignee)
that become parties thereto, Assignor has, among other things, agreed to assign all its right, title
and interest in and to the Ground Lease (as defined on EXb&it "A") to Assignee and to assign,
transfer and convey to Assignee its right, title and interest in all Towers and Tower Related
Buildings and Equipment located on the land demised under the Ground Lease (as such land is
further described in Exhibit B (as so described, the "Real Property")). All capitalized terms not
otherwise defined in this Assignment shall have the meanings ascribed thereto in the Purchase
Agreement.
In consideration of the mutual covenants contained in this Assignment, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Assignor and Assignee hereby agree as follows:
l . ASSIGNMENT. As of the Transfer Date, Assignor for good and valuable
consideration as recited in the Purchase Agreement, the receipt and sufficiency of which are
hereby acknowledged, does hereby convey, assign, contribute and transfer all of its right, title,
and interest in, to and under the Ground Lease, and the leasehold, license or other interest
created thereunder, to Assignee and its successors and assigns.
2. ACCEPTANCE OF ASSIGNMENT. Assignee as of the Transfer Date, hereby
accepts the foregoing assignment of the Ground Lease and assumes all of the Assumed
Liabilities arising under or pursuant to the Ground Lease.
Il37%/a?5
FL2075/FL2693
TAMARAC CENTRAI.
3. APP AN SE T IMPROVEMENTS.
Assignor hereby grants, bargains, conveys, contributes and transfers to Assignee, its successors
and assigns forever, all of Assignor's right, title and interest (subject to Permitted Liens) in and
to (i) all appurtenant property and rights relating to the Real Property, (ii) all easements and
rights of way benefiting the Real Property, (iii) all Towers located on the Real Property and (iv)
all Tower Related Buildings and Equipment located on the Real Property and all other Tower
Related Assets located on or relating to the Real Property; excluding, in the case of clauses (i)
through (iv), any and all Excluded Assets.
4. 13JNDING EFFECT. This Assignment will be binding on and inure to the benefit
of the parties herein, their heirs, executors, administrators, successors -in -interest and assigns.
5. GOVMING LAW. This Assignment and its validity, construction and
performance will be governed by and construed in accordance with the internal laws of the State
of Delaware, without regard to principles of conflicts of laws, except to the extent mandatorily
governed by the laws of the state in which the Real Property is located.
6. COUNTERPARTS. This Assignment may be executed in two or more
counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same instrument.
7. PURCHASE AGREEMENT. This Assignment is intended to implement the
provisions of the Purchase Agreement and shall not be construed to enhance, extend or limit the
rights or obligations of Assignor or Assignee (it being understood that Assignee will not be
deemed to be assuming any Excluded Liabilities). No provision of this Assignment shall in any
way modify the express provisions (including without limitation the warranties, representations,
covenants, agreements, conditions or any of the obligations and indemnifications of the parties
hereto with respect to the subject matter of the Purchase Agreement) set forth in the Purchase
Agreement. To the extent any provision of this Assignment is inconsistent with the Purchase
Agreement, the provisions of the Purchase Agreement shall control.
8. AMEND UM. This Assignment may not be amended, waived or otherwise
modified except by a written instrument signed by the parties hereto.
THIS ASSIGNMENT has been executed by Assignor and Assignee effective as of the
Transfer Date.
[Signatures on following pages)
F1.2075/FL2683 2
TAMARAC CENTRAL
Witnesses:
jux-to
Print Name: -r'i A 11-- gLa--
State of New York
County of New York
ASSIGNOR:
Nextel South Corp., it Georgia corporation
Print Name:
Title: Assistant Secretary
The foregoing instrument was acknowledged before me this Zeday of September, 2008, by
Jda P. BWIW an Assistant Secretary of Nextel South Corp., a Georgia corporation,
on behalf of the company. The above -named individual is personally known to me or has produced
a drivers license or passport as identification.
Notary Public
Print Name:
My Commission Expires:
Way Pubft � of OWyb�k
No. AMWW-
I
IP'L2075/FU693
TAMARAC CENTRAL
I Of . Wto� 7F 1 OF �,j VA
0::&� JaA-4-d
Print Name: Oq-
ASSIGNEE:
Tower Entity 10 LLC, a Delaware limited
liability company
B'
Y '
Name: Idw F_Hoch
Title: Assistant Secretary
State of New York
County of New York
The foregom" instrument was acknowledged before me this day of September, 2008,
by �• an Assistant Secretary of 'Tower Entity 10 LLC, a Delaware limited
liability company, on behalf of the company. The above -named individual is personally known to
me.or has produced a drivers license or passport as identification.
Notary Public
Print Name:
My Commission Expires:
wse AUY
Nobw�l��p��7cl *a Yolk
220
1n Y , 2mi
FL2075/FL2683 4
TAMARAC CENTRAL
EXHIBIT "A"
The Ground Lease
That certain lease agreement (the "Ground Lease") dated August 21, 2000 by and between City
Of Tamarac, as lessor, and Assignor, as lessee, with respect to that certain parcel of real property
{"Real PMqUD located in the County of Broward, State of FL, which Real Property is more
particularly described on Exhibit "B" attached hereto. The Memorandmn of the Ground Lease is
recorded in Book 31967, Page 1913 or as Official Document/InsUv rent Number 101245358, in
the Register's office of Broward County, State of FL.
After Recording Return To:
LandAmerica CLSS
Attn: Lisa Robertson
5600 Cox Road
Glen Allen, VA 23060
FL2075/FL2683 5
TAMARAC CENTRAL
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Exhibit 7
Prepared by and after recording return to:
Legal Department
TowerCo Assets LLC
5000 Valleystone Drive
Cary, NC 27519
STATE OF FLORIDA
COUNTY OF BROWARD
(Recorder's Use Above This Line)
Parcel No: 494108 03 0060
AMENDMENT TO MEMORANDUM OF AGREEMENT
Document Date:
Grantor/Lessor: CITY OF TAMARAC, a Florida municipal corporation
Address: 7525 Nw 88Th Avenue, Tamarac, FL 33321-2401
Grantee/Lessee: TOWERCO ASSETS LLC, a Delaware limited liability company
Address: 5000 Valleystone Drive, Cary, NC 27519
Legal Description of the Land is attached as Exhibit A.
Amended MOL
FL207SITamarac Central/Doc#: 822290 V 1
Exhibit 7
AMENDMENT TO MEMORANDUM OF AGREEMENT
This Amendment to Memorandum of Agreement is made effective as of the later of
the signature dates below between CITY OF TAMARAC, a Florida municipal corporation
("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company ("Lessee").
i . Lessor and Lessee (as successor in interest to Nextel South Corp.) are parties
to that certain lease agreement dated August 21, 2000 (as amended, the "Lease") for certain
real property and easements (collectively the "Premises") which are a portion of that real
property owned by Lessor located in the City of Tamarac, County of Broward, State of
Florida (the "Land").
2. A Memorandum of the Lease was recorded on August 10, 2001 as Instrument
Number 101245358 of the official records of Broward County, Florida (the "MOL").
3. The assignment of the Lease to Lessee was recorded on October 7, 2008 as
Instrument Number 108187525 of the official records of Broward County, Florida (the
"Assignment").
4. On September 23, 2008, Tower Entity 10 LLC, the assignee under the
Assignment, was acquired by and merged into Lessee.
5. Lessor and Lessee have amended the Lease and desire to amend the MOL to
reflect the changes set forth in the Lease amendment.
6. The MOL is amended as follows:
a. The square footage of the Premises leased by Lessor to Lessee in
Section 1 of the Agreement is hereby amended and increased by
approximately Six Hundred Eighty (680) square feet ("Additional
Premises") to a total size of approximately One Thousand Four
Hundred Eighty (1,480) square feet. The Premises, as increased
hereby, is depicted on Exhibit B-1 attached hereto, which Exhibit B-1
shall supplement the existing Exhibit B to the MOL. Lessee shall have
the right to survey the Premises, and the survey of the Premises will
then become Exhibit B-2, which will be attached hereto and made a
part hereof and will control in the event of discrepancies between
Exhibit B-1 and/or Exhibit B.
7. In the event of any inconsistencies between the terms of the MOL, as amended
by this amendment, and the Lease, the term set forth in the Lease shall control.
[SIGNATURES AND ACKNOWLEDGEMENTS BEGIN ON NEXT PAGE]
Amended MOL
FL2075/ramarac Centml/Dock 822290 V 1 2
Exhibit 7
IN WITNESS WHEREOF, the parties have executed this Amendment to Memorandum
of Agreement as of the later of the signature dates below.
WITNESSES
Print Name: "'AiWw ;
Print Name:
LESSOR ACKNOWLEDGMENT
STATE OF
} ss:
COUNTY OF 1414 X J) )
The foregoing instrument was acknowled
M (c AarG / C. C+ernjec,�
CITY OF TAMARAC, a municipality, on
known to me or has produced
identification) as identification.
Notary Public
Printed Name:
My Commission Expires:
6 1 d-dl 1/
Comma sion # f 51,1
Amended MOL.
FL207Vramam CentmVDmA 822290 V1 3
LESSOR:
CITY OF TAMARAC, a Florida municipal
corporation
By:
Name: it °� �' C� vvt t
Title: ry A Vit -=v-
Date:
d before me this 1/-1 Y _/ / (date) by
(name and title of officer) of
behalf of the municipality. He/she is personally -
(type of
ETINA M. WHEATLEY
W CON OSION 0 EE%19
EXPUM; A" 06, 2014
M• bury 2= AM" G<
(seal)
WITNESSES
HBO GM 3,
Li
.if h� _
LESSEE ACKNOWLEDGMENT
STATE OF NORTH CAROLINA )
) ss:
COUNTY OF WAKE )
LESSEE:
TOWERCO ASSETS LLC,
lil
1\1
Title: VP of Collocation
Date: 31 � 1 it
Exhibit 7
a Delaware
The foregoing instrument was acknowledged before me this ►� `?Kotve,4 I�date) by
! i t
Jason Catalini, VP of Collocation of TowerCo Assets LLC, a Delaware limited liability
of y, on behal f the limited liability company. He/she is personally known to me.
' ,'lltllt111f!//
RT
No ary Public C� T A q +
Printed Name: o15c�r �, ro r
My Commission Expires:
Commission #
Amended MOL
FL2075Pfamarac Ccntm1/Doc#: 822290 V1 4
M +
Icy Cam. Expires
FMXwry 22. 2012
v
+',9 AU800 yam~
11, : E (seal)
Exhibit 7
EXHIBIT A
LAND
Being a portion of the following described land, situate, lying and being in Broward County,
Florida, to wit:
Lot 1, Block 3, LYONS INDUSTRIAL PARK, according to the Plat thereof as recorded in
Plat Book 71, Page 1B, of the Public Records of Broward County, Florida.
SUBJECT to covenants, conditions, restrictions, reservations, limitations, easements and
agreements of record, if any.
Tax Parcel No. 494108 03 0060
Amended MOL
FL2075/Tamarac Central/Dock 822290 V[
EXHIBIT B-1
Premises
(see attached)
Notes:
Exhibit 7
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Width and locality of access road shall be the width required by the applicable governmental authorities
and utility providers, including police and fire departments.
Amended MOL
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FOURTH AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(GROUND)
THIS FOURTH AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(GROUND) ("Amendment") is entered into as of the later of the signature dates below by and
between CITY OF TAMARAC, a Florida municipal corporation ("Lessor") and TOWERCO
ASSETS LLC, a Delaware limited liability company ("Lessee").
RECITALS
A. Lessor (successor in interest to Tamarac Jewish Center) and Lessee (successor in
interest to Nextel South Corp.) are parties to that certain Communications Site Lease Agreement
(Ground) dated August 21, 2000, as amended by that certain First Amendment to
Communications Site Lease Agreement (Ground) dated March 2, 2001, as further amended by
that certain Second Amendment to Communications Site Lease Agreement (Ground) dated
September 5, 2001, as further amended by that certain Third Amendment to Communications
Site Lease Agreement (Ground) dated January 21, 2004 (as amended, the "Agreement"), for the
Premises, which are a portion of the Land located in the City of Tamarac, County of Broward,
State of Florida, as more particularly described in the Agreement.
B. Lessee desires to increase the size of the Premises and Lessor agrees to grant such
additional Premises space to Lessee, all in accordance with the terms and conditions as set forth
below.
NOW, THEREFORE, for and in consideration of the promises and mutual covenants
herein contained and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereby agree to amend the Agreement as follows:
I. Premises. The square footage of the Premises leased by Lessor to Lessee in
Section 1 of the Agreement is hereby amended and increased by approximately Six Hundred
Eighty (680) square feet ("Additional Premises") to a total size of approximately One Thousand
Four Hundred Eighty (1,480) square feet. The Premises, as increased hereby, is depicted on
Exhibit B-I attached hereto, which Exhibit B-1 shall supplement the existing Amended Exhibit
B to the Agreement. Lessee shall have the right to survey the Premises, and the survey of the
Premises will then become Exhibit B-2, which will be attached hereto and made a part hereof
and will control in the event of discrepancies between Exhibit B-1 and/or Amended Exhibit B.
Lessor agrees to promptly execute and deliver an amended Memorandum of the Agreement in
recordable form containing the new legal descriptions of the Premises if so requested by Lessee.
2. Rent Rent shall be increased by the sum of One Thousand Dollars and No Cents
($1,000.00) per month (the "AT&T Sublease Fee") commencing on the first day of the month
following commencement of construction of communications facilities by Lessee or Lessee's
sublessee, New Cingular Wireless PCS, LLC, or one of its affiliates, successors or assigns
("AT&T") on the Additional Premises and continuing through the term of the Lessee's sublease
with AT&T (as may be amended or modified, the "AT&T Sublease"). The AT&T Sublease Fee
shall be payable in the same manner as the Rent, including the incremental increases in Rent set
Fourth Amendment
FL2075/i'amarac Central/Dock 822263 V t
forth in Section 5(b) of the Agreement, provided the AT&T Sublease Fee shall not escalate
before February 18, 2012. That portion of the Rent attributable to the AT&T Sublease Fee shall
terminate on the date that AT&T's communications facilities are removed from the Additional
Premises, and Rent thereafter shall be reduced by an amount equal to the AT&T Sublease Fee as
of the date of such expiration or termination. Lessee shall have no obligation to pay that portion
of the Rent attributable to the AT&T Sublease Fee unless Lessee actually receives the rent
payment due under the AT&T Sublease.
3. Notice. Notwithstanding anything in the Agreement to the contrary, facsimile
notices shall not be permitted. The notice addresses set forth in Section 18(d) of the Agreement
is hereby deleted and replaced with the following:
Lessor: City of Tamarac
Attn: Director of Information Technology
7525 NW 881h Avenue
Tamarac, FL 33321-2401
Lessee: TowerCo Assets LLC
5000 Valleystone Drive
Cary, NC 27519
Attn: Property Management
TowerCo ID: FL2075
4. Agreement in Full Force. Except as expressly amended hereby, all terms and
conditions of the Agreement shall remain in full force and effect, and, in the event of any
inconsistencies between this Amendment and the terms of the Agreement, the terms set forth in
this Amendment shall govern and control. The covenants, representations and conditions in the
Agreement are mutual and dependent.
5. Estoppel Lessor hereby certifies to Lessee (i) that the Agreement is in full force
and effect and has not been amended, modified or supplemented in any respect, either orally or
in writing, except for this Amendment and the amendments referenced in this Amendment (if
any) and is the only agreement relating to the Premises entered into between the Lessee and
Lessor; (ii) the Agreement as amended hereby fully represents the entire agreement between the
parties thereto and has not been assigned other than as set forth herein; (iii) there is no existing
default on the part of the Lessor or Lessee in any of the terms and conditions thereof and no
event has occurred which, with the passing of time or giving of notice, or both, would constitute
an event of default or notice of termination of the Agreement; (iv) rent has been paid through and
including the date hereof as called for in the Agreement and (v) Lessor does not have any offsets,
credits or defenses with respect to the Agreement.
b. Recording of Agreement Lessor agrees to promptly execute and deliver to
Lessee a memorandum of the Agreement in recordable format upon request of Lessee.
7. Counterparts This Amendment may be executed in one or more counterparts
which shall be construed together as one document.
Fourth Amendment
FL2075/Tamarac Central/Dock 822263 v1 2
8. Defined Term& Unless otherwise defined, all defined terms used in this
Amendment shall have the meanings ascribed to them under the Agreement.
9. Successors and Assign& Upon full execution by Lessee and Lessor, this
Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and
their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended
only by a written agreement executed by each of the parties.
10. Non -Binding Until Fully Executed. This Amendment is for discussion purposes
only and does not constitute a formal offer by either party. This Amendment is not and will not
be binding on either party until and unless it is fully executed by both parties.
11. Recitals. The recitals at the beginning of this Amendment are incorporated in and
made a part of this Amendment.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Fourth Amendment
FL2075aamarac CentraUDoc#: 822263 V 1 3
IN WITNESS WHEREOF, the parties have executed this Amendment as of the later of the
signature dates below.
LESSOR:
CITY OF TAMARAC, a Florida municipal
corporation
By:
Name: ./U'PC'6QAC (�.ti u��
Title:
Date:
LESSEE:
TOWERCO ASSETS LLC, a Delaware
limited ' bility company
By:
Jason Catalim
Title: Vice President of Collocation
Date: 1-7
Fourth Amendment
FL20751'ramarac CentmI/Doct 822263 V1 4
EXHIBIT B-1
Premises
(see attached)
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Lessee.
2. Width and locality of access road shall be the width required by the applicable governmental authorities
and utility providers, including police and fire departments.
Fourth Amendment
FL2075/Tamarac Centmi/Doc#: 822263 V 1 5
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FIFTH AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(GROUND)
THIS FIFTH AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(GROUND) ("Fifth Amendment") is entered into as of the later of the signature dates below by
and between CITY OF TAMARAC, a Florida municipal corporation ("Lessor") and TOWERCO
ASSETS LLC, a Delaware limited liability company ("Lessee").
RECITALS
A. Lessor (successor in interest to Tamarac Jewish Center) and Lessee (successor in
interest to Nextel South Corp.) are parties to that certain Communications Site Lease Agreement
(Ground) (the "Original Agreement") dated August 21, 2000, as amended by that certain First
Amendment to Communications Site Lease Agreement (Ground) (the "First Amendment") dated
March 2, 2001, as further amended by that certain Second Amendment to Communications Site
Lease Agreement (Ground) (the "Second Amendment") dated September 5, 2001, as further
amended by that certain Third Amendment to Communications Site Lease Agreement (Ground)
(the "Third Amendment") dated January 21, 2004, and as further amended by that certain Fourth
Amendment to Communications Site Lease Agreement (Ground) (the "Fourth Amendment")
dated April 13, 2011 (the Original Agreement as amended by the First Amendment, as further
amended by the Second Amendment, as further amended by the Third Amendment, and as
further amended by the Fourth Amendment, the "Agreement"), for the Premises, which are a
portion of the Land located in the City of Tamarac, County of Broward, State of Florida, as more
particularly described in the Agreement.
B. Pursuant to the Fourth Amendment, Lessee acquired Additional Premises in
connection with a potential sublease agreement with AT&T. Although AT&T elected not to
enter into a sublease with Lessee, MetroPCS Florida, LLC, or one of its affiliates, successors or
assigns ("MetroPCS") desires to enter into a sublease (the "MetroPCS Sublease") of the
Premises, including the Additional Premises.
C. Lessor and Lessee desire to amend Section 2 of the Fourth Amendment to
substitute any references to "AT&T" and the "AT&T Sublease Fee" with "MetroPCS" and the
"MetroPCS Sublease Fee," as more particularly set forth below.
NOW, THEREFORE, for and in consideration of the promises and mutual covenants
herein contained and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereby agree to amend the Agreement as follows:
1. Rent Section 2 of the Fourth Amendment is hereby amended in its entirety and
replaced with the following:
Rent shall be increased by the sum of One Thousand Dollars and No Cents
($1,000.00) per month (the "MetroPCS Sublease Fee") commencing on the first
day of the month following commencement of construction of communications
facilities by Lessee or Lessee's sublessee, MetroPCS Florida, LLC, or one of its
FL2075/Tamarac Central/Dock 855122 V 1 1
Fifth Amendment
affiliates, successors or assigns ("MetroPCS") on the Additional Premises and
continuing through the term of the Lessee's sublease with MetroPCS (as may be
amended or modified, the "MetroPCS Sublease"). The MetroPCS Sublease Fee
shall be payable in the same manner as the Rent, including the incremental
increases in Rent set forth in Section 5(b) of the Agreement, provided the
MetroPCS Sublease Fee shall not escalate before February 18, 2011That portion
of the Rent attributable to the MetroPCS Sublease Fee shall terminate on the date
that MetroPCS's communications facilities are removed from the Additional
Premises, and Rent thereafter shall be reduced by an amount equal to the
MetroPCS Sublease Fee as of the date of such expiration or termination. Lessee
shall have no obligation to pay that portion of the Rent attributable to the
MetroPCS Sublease Fee unless Lessee actually receives the rent payment due
under the MetroPCS Sublease.
2. Agreement in Full Force. Except as expressly amended hereby, all terms and
conditions of the Agreement shall remain in full force and effect, and, in the event of any
inconsistencies between this Fifth Amendment and the terms of the Agreement, the terms set
forth in this Fifth Amendment shall govern and control. The covenants, representations and
conditions in the Agreement are mutual and dependent.
3. Estoppel. Lessor hereby certifies to Lessee (i) that the Agreement is in full force
and effect and has not been amended, modified or supplemented in any respect, either orally or
in writing, except for this Fifth Amendment and the amendments referenced in this Fifth
Amendment (if any) and is the only agreement relating to the Premises entered into between the
Lessee and Lessor; (ii) the Agreement as amended hereby fully represents the entire agreement
between the parties thereto and has not been assigned other than as set forth herein; (iii) there is
no existing default on the part of the Lessor or Lessee in any of the terms and conditions thereof
and no event has occurred which, with the passing of time or giving of notice, or both, would
constitute an event of default or notice of termination of the Agreement; (iv) rent has been paid
through and including the date hereof as called for in the Agreement and (v) Lessor does not
have any offsets, credits or defenses with respect to the Agreement.
4. Counterparts. This Fifth Amendment may be executed in one or more
counterparts which shall be construed together as one document.
5. Defined Terms. Unless otherwise defined, all defined terms used in this Fifth
Amendment shall have the meanings ascribed to them under the Agreement.
6. Successors and Assigns. Upon full execution by Lessee and Lessor, this Fifth
Amendment (i) shall be binding upon and shall inure to the benefit of each of the parties and
their respective successors, assigns, receivers and trustees; and (ii) may be modified or amended
only by a written agreement executed by each of the parties.
7. Non -Binding Until Fully Executed. This Fifth Amendment is for discussion
purposes only and does not constitute a formal offer by either party. This Fifth Amendment is
not and will not be binding on either party until and unless it is fully executed by both parties.
FL2075/ Tamarac Central/Doc#: 855122 VI 2
Fifth Amendment
8. Recitals. The recitals at the beginning of this Fifth Amendment are incorporated
in and made a part of this Fifth Amendment.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
FL2075/ramarac Central/Doc#: 855122 V 1
Fifth Amendment
IN WITNESS WHEREOF, the parties have executed this Fifth Amendment as of the later of
the signature dates below.
ATTEST:
Peter M. J. Richardson, CRM, CMC
CITY CLERK
Date
I HEREBY CERTIFY I have
Approved this Agreement as to form.
FL2075/Tamarac Central/Doc#: 855122 V 1 4
FEFi0 > ntentral/Doc#: 855122 VI 1
Fifth Amendment
LESSOR:
CITY OF TAMARAC, a Florida municipal
corporation
0
Name Michael C. Cernech
Tit City Manager
Date:74
LESSEE:
TOWERCO ASSETS LLC, a Delaware
limited liabj4ty company
M
Nan-id'Aason Catalini
Title: Vice President of Collocation
Date: ij L 2