HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-038Temp. Reso # 12007
March 16, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011- 3
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 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 attached hereto as Exhibit 6
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. Reso # 12007
March 16, 2011
Page 2
WHEREAS, the Director of IT recommends approval of the amendment; and
n
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.
1
1
1
Temp
SECTION 5: All resolutions or parts of resolutions in conflict herewith
repealed to the extent of such conflict.
Reso # 12007
March 16, 2011
Page 3
are hereby
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 %3 day of , 2011.
ATTEST:
PETER M. J. RI H RD ON, CRM, CMC
CITY CLERK.
r'ESTABLISHEI) an
33 1963
0•. SEAL p -
�CCUN,``�.
I HEREBY CERTI ' YNXT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
V W�4 /AWA' "Lbl.
SAMUE S. GOREN UV
CITY ATTORNEY
P4",1— -&,JSL,'(1
PAMELA BUSHNELL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL 4 &-
DIST 1: COMM. SWENS N
DIST 2: V/M GOMEZ Iw -_..
DIST 3: COMM. GLAS R--
DIST 4: COMM. DRESSLERR
INSTR # 108187525
OR 8K 45734 pages 1457 -1465
RECORDED 10/07/080913:55
BROWARD COUNTY COMMISSION
DEPUTY CLERK 3330
#4, 9 pages
This Instrument prepared By
TowerCo Acquisition LLC
5000 Valleystone Drive
Cary, North Carolina 27519
ASSIGNMENT AND ASSUMPTION OF GROUND LEASE
THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE ("Assignment") is
made, entered into and effective as of this Q'�3 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 ("Assignor"), to Tower Entity 10
LLC, a Delaware limited liability company, having an address at 6391 Sprint Parkway, Mailstop
KSOPHT0101-72650, Overland lurk, Kansas 66251-2650 ("Assignee"). 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 "Purchase Agreement"), 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 Exhibit "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 Iocated on the land demised under the Ground Lease (as such land is
further described in Exhibit B (as so described, the "Real PronertY")). All capitalized terms not
otherwise defined in this Assigmment 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:
1. 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.
,l 37L?�r075
FI,2075/FL2683
TAMARAC CENTRAI.
3. APPURTENANT PROPERTY EASEMENTS AND 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 "Power
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, BINDING 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. GQVERNING 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. AMENDMENT. 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]
FI,2075/FL2683
TAMARAC CENTRAL
Witnesses:
rAr
State of New York
County of New York
ASSIGNOR:
Nextel South Corp., a Georgia corporation
Print Name:F:BuebW
Title: Assistant Secretary
The foregoing instrument was acknowledged before me this ,6day of September, 2008, by
Jolty F. Huchert 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:
BRE7 TE TANNED AU �*
Notary Public.
Q01 No. I�MN
FL2075/FL2683
TAMARAC CENTRAL
ASSIGNEE:
Tower Entity 10 L.LC, a Delaware limited
liability company
B""
_ y
FWt Name: i4�N _ _�r Name:_,_._ Jnhn_F. Attrltes�t -
Title: Assistant Secretary
- &,,kJa,,tO
Print Name:
State of New York
County of New York
The foregoing instrumentkwas acknowledged before me this day of September, 2008,
by John F H an Assistant Secretary of lower 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:
BRV
No Y p1 Ydk
AB177a"
QUWjQEo� No+e1ber 19, �11
FL2075/Ft,2683
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 Pro e ") located in the County of Broward, State of FL, which Real Property is more
particularly described on Exhibit "B" attached hereto. The Memorandum of the Ground Lease is
recorded in Book 31967, Page 1913 or as Official Document/Instrument Number 101245358, in
the Register's office of Broward County, State of FL.
Amer Recording Return To:
LandAmerica CLSS
Attn: Lisa Robertson
5600 Cox Road
Glen Allen, VA 23060
FL2075/FL2683 5
TAMARAC CENTRAL
. : Southplorlib
Site Noi F1,16631)
Site Namit Unwisc Ornual
�v
'� PRgPAREU BY+
Paulo Hickman, Eq. -
Nexroi South Cora
2201 Lucien Way, Suite 20D
M.Id.nd,FL 32751.
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ReTU� sK TO. —�
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INSTR # 1012453SS
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This Memorandum of Agreement lot entered into on this 'Ll_ day of • , by and wgwaon Tamarac Jewish
Carer, Inc., a Florida not -far -profs cownition, with sn addrem at 9101 NW 57tp Street. Tametae, PL 33331 pmeins0a referred to a
%eseon and Nextel South Corp, r Oaorgia ewporstion, d/b/t Nextet Communication; with an eflloe at 951 TnifWger Court. Suite 300S,
Maitland, FL 37751 (11sereim0a refined to as "Ceara"}
Cesaor and Lesace entered Into a Communkaliom Sim•l.aee Agretment rAgr-t) oo the Zt day of = 2000. for the purpoaa
of inalal0ng, operating and maintelahiy a radio eom oAkWona Why and. udra improvatxnis. All of the 11onViol; aread fdrth In the
Agreement.
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8f lfiF Agreement is forted (1� years aerwrtettdng on �r /.GOAD (CAarth four (4) wooesrdvato rerThaand wNteh Ia the aubjedofthe Apeegirsrtie In Brawardoanry, Plnritls described In Exhibit A annexed heeto. The portion of the Land
g Ieeaed to LAerae (the "Proms#a) it dtwailrod in gxhibit 6 annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreemtm as of the day and year Pint abwm wrinea.
LESSM-.1`a ish ., a da nut -for -prof t cerporatlon
signed. sealed flrered nt the pnwetiee nf:
Wgrtaa Print Name
Print Name:
n ,I Tide:_
Wlmen (•,C/'v rLs W 7)
Print Nome: .
STATE OP E0d>il
COUNTY OP
the foregoing Instrument was ackeowledged bare me thid ib. ,day ofy 1 2000, by'1' r ,
as of Tamarac Jewish Center, {fro., a Flwids not -for- rofit corporation, at pe,M ally known to m r Or who has
w identMetolon end who did (dki not) take an
• WITNESSmy ha aflielel Baal.»)»)))»)»)
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Y Pamir. Stoat of Florida .
NntaryPu611e 7 NLrn C` CemmkaiptNO.0060De06.
(&e ear My_tiMmtkKianQap.11n812000yt .
�rracdtn"°y'1rl�n�,r�,y,�fwao�rMsth Y�
lhinl Nttnra ' 1,s/IJJl/I,rlXIHNlIJIIIfIJIHIJ/NJf�
i My cotnWusion expires
(SIrr4ATC1R8S CONTINUZO ON PULWWl"G PA(;i) i
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OR BK. 31967 PS M4
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Madut.e SCUM FWridi
Star Na: FI2693D
site Nana: Twnane Cmust
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Signed, xcaled and delivered in the presence of: Nextel Sowh Corp„ a Oeorgla corporation
. aNex manlee116aa ..
Wltne"
Print Name
Print
Tltle:_ VicaPtr 1� „r,n� _
Whnesa
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COUNTY OF
The yaregolna ooru tent was atknowkdsW bd* me thla a i bpy of 3Ajtf- a 2000r ky Jon Cshr% a Vice President
of Nextel South Corp., a Oeorgla ooryotatiga awi Ntxtd Com oladig"s who I! personally known to nx or whn hu produced
ee identification and who did (dM not) take an cock
w1TNSSS my hand And'ottkiai seal.
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Print Name ��e MAY
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Dv.SCRIT'IrION OF LANV
to the Merrioroodum of Agreement dated r 2,1 , 2000, by and btawew Tamarac Jewish Center; Inc., a Morids nut -for -
profit wrPwatbn .
as Law, and Neatel Swth Corp.; a Georgia corporation, dWs Nsatst Conununtea lens as Lapse.
The 4and is dsacdw andlor depicted ag ibllovd (metes and boards dtscription}
Lob 6 and 7. Mock 4 orLYONS MUSTMAL PARK, as recorded in Plat Book 71, Page l; of fete PublicRecords of
Broward County, Florida
tolendsd to Its the same prembet as conveyed to labor by Warranty Deed dated April 28, IM and -recorded In the Official
Records of Broword County, Florida under OR Book 29421 Page IM
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MEMORANQUM OIAGRB�M$d'C
DESCNIFTt� LMMS
to the Memorandum of Agrommi dared �, 2p11(1, ¢y and between Tamarac Jewish Center, Inc., a Florido not -for -
profit co"nition
as Leuar, and Nerld South Corp., s C Dfl is cprponlion, dlWa Nmdei Cprcinonieat{otrs as [.epee.'
hum
t) ih4 Pxhrbh ttryba reytaiad by.laad nrvey of tlr PrdWsts anee r k+ rtedr•d by fence,
Y) Sathaek of in Frew= ham om lastly lioliededm om lia do ilkwu regared brtlte.ppll�li {orwtatnrmt anthaidn..
]) WiddtofaoemtnsdAnil bathearidlhrG*WbrtheMvmkyavatpsent■IsedatW,iaamonspellaeandfleadgwynwts.
4) The type, esmW and t66 pritinns and,laratlens of.arrpoprMi and tnrmtninlon lirm sn Musimlire only. /1etw1 typq, awnyna; nleunthq poritions
.�Y � hwn Mrat It thovm sbon.
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Exhibit 7
Prepared by and after recording return to:
Legal Department
TowerCo Assets LLC
5000 Valleystone Drive
Cary, NC 27519
(Recorder's Use Above This Line)
STATE OF FLORIDA Parcel No: 4941 08 03 0060
COUNTY OF BROWARD
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
FL2075/Tamarac Central/Dock 822290 V t
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").
1. 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
Assipment, 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/Tamarac Central/Dock 822290 VI 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
LESSOR ACKNOWLEDGMENT
STATE OF r—L OR / PA_)
ss:
COUNTY OF /� Jed 1�✓X} /� 1� )
LESSOR:
CITY OF TAMARAC, a Florida municipal
corporation
By:
Name: 'C( cr vvl e
Title:
Date:
The foregoing instrument was acknowled ed before me this 1/—/ -/ _/ / (date) by
M I C. A a� 1 C. C e r N E (name and title of officer) of
CITY OF TAMARAC, a municipality, on behalf of the municipality. He/she is personall
known to me or has produced (type of
identification) as identification.
..c, M - fr
Notary Public
Printed Name:,,,p
My Commission Expires:
6 ad/
Commission # E e
Amended MOL.
FL2075/Tamarac Cenral/Doc#: 822290 VI
TINA M. WHEATLEY
MY COMMISSION # EE5619
EXPIRES: August 06, 2014
i AHY Fl. Ndry Disonst Amm. Ca
(seal)
WITNESSES
hC i
LESSEE ACKNOWLEDGMENT
STATE OF NORTH CAROLINA )
ss:
COUNTY OF WAKE )
Exhibit 7
LESSEE:
TOWERCO ASSETS LLC, a Delaware
lii
1►1
Title: VP of Collocation
Date: o
The foregoing instrument was acknowledged before me this ;-% 1`1 " ► "G / 201(date) by
Jason Catalini, VP of Collocation of TowerCo Assets LLC, a Delaware limited liability
,,-CbW1Nny, on behalf f the limited liability company. He/she is personally known to me.
Notary Public
t7TA
Printed Name:g��-� ,Q i
My Commission Expires:�-
Commission #
Amended MOL
FL2075/TamaracCentraMoc#:822290 V1
W Gnmm. Fxpires
n Februaiy 22. 2012
UBL
Ca ;
(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/Tainarac Central/Doc#: 822290 V 1.
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
FL2075/Tamarac Central/Doc#: 822290 V1
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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
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FL2075/Tamamc Central/Doc#: 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. Estoppet 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.
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FL2075/Tamarac Central/Dock 822263 VI 2
8. Defined Terms Unless otherwise defined, all defined terms used in this
Amendment shall have the meanings ascribed to them under the Agreement.
9. Successors and Assigns 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]
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FL2075/Tamarac Central/Dock 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
per`----'"�—
By:
Name:
Title:
Date:
LESSEE:
TOWERCO ASSETS LLC, a Delaware
limitedAbility company
By:
a Jason Catalini
Title: Vice Pre 'dent of Collocation
Date: �3 1 1-7 / I I
Fourth Amendment
FL.2075/Tamarac Cenlral/Doc#: 822263 V 1 4
EXHIBIT S-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.
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FL2075/'FarnanacCentral/Doc##:822263 VI
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