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HomeMy WebLinkAboutTR-12007 Exhibit 2.pdfE� !25/`21005 11:59 9544620140 I'Site No; South Florida � � t 1 Site No: 2683[7 Site Name: Tamarac Central FIRST AMENDMENT TO COMMUNICATIONS SITE LEASt AGREEMENT (GROUND) This First Amendment to Comm unic tiohs Site Lease Agreement (Ground) hereinafter referred to as "First Amendment", is made this day of H c-_� 2001, by and between Tamarac Jewish.Center, Inc., a Florida not for profit corporation, whose address is 9101 NW 57'h Street, Tamarac, Florida 33351, (hereinafter referred to as "Lessor") and NEXTBL SOUTH CORP., a Georgia corporation, dlbla Nextel Communications, whose address is 851 Trafalgar Court, Suite 300E, Maitland, Florida 32751 (hereinafter referred to as "Lessee"), WITNESSETH: WHEREAS, Lessor and Lessee entered into a Communications Site Lease Agreement (Ground) (hereinafter referred to as "Agreement") on August 21, 2000 for the placement of certain telecommunications facilities and other improvements on the Property; and WHEREAS, Lessee now desires to relopate the Lessee Facilities to other property owned by Lessor; and Lessor agrees to such relocation, ar-0 WHEREAS, the parties now desire to modifyand amend the Agreement; � NOW, THEREFORE, in consideration of the execution of this First Amendment, and the mujual promises, terms, covenants and conditions contained herein, the parties hereto do hereby agree as follows: 1, The foregoing recitations are true and correct and are hereby incorporated by reference- 2. Paragraph 1 of the Agreement is hereby deleted in its entirety and replaced with the following: 1_ Premises. Lessor is the owner of a parcel of land (the "Land") located in the City of Tamarac, County of Broward, State of Florida adjacent to property commonly known as Temple Beth Torah/Tamarac Jewish Center, The Land is more particularly described in Amended Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately eight hundred (800) square feet of the Land and all access and utility easements, if any, (the "Premises") as described in Amended Exhibit H annexed hereto. In addition to the 800 square feet, Lessee shall plant and maintain a landscape buffer which shall surround and extend ten (10) feet from the boundary"of the Premises, unless and until Lessor's future development of the Property requires the removal of such landscaping at which time Lessee shall be relieved of its obligation to maintain su tt.landscaping." 3- Paragraph 5(a) of the Agreement" hereby deleted in its entirety and replaced with the following: "5_ Rent_ Lessee shall pay to Lessor as rent Two Thousand and 001100 Dollars ($2,000.00) per month ("Rent") plus applicable sales taxes. Within 15 days of the Commencement Date, Lessee shall pro -pay. Rent for the first thirty-six (36) months of this Agreement. This pre -payment shall be fora total amount of Seventy-four Thousand Nine Hundred and Eighteen Dollars and Forty Cents ($74.918.40) which amount includes the annual increases set forth in Paragraph 5(�) of this Agreement for the first thirty-six (36) Market: South Florida Site Nca: 2683D Site Name: Tamarac Gentral months of the Term. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated_ Rent shall be payable to th Lessor at g1Qi NW 57Street, Tamarac, Ff. 33351, Attention: &ceeutive Director. Should this Agreement be terminated during the first thirty-six (36) months of the Terre for Lessor's default or pursuant to Paragraph 11 of this Agree rent ; Lessor shall refund to Lessee within 30 days of sof such termination the unused portion;'such Rent." F 4. Paragraph 10 of the Agreement is he-eeby amended by deleting the last sentence thereof and replacing the same with the following: "In the event that Lessee terminates this Agreement within the first thirty-six (36) months of the Term for any reason whatsoever, except in the case of default by Lesser, Lessee shall pay Lessor a termination fee as liquidated damages for such early termination in an 8mount equal to six (6) months' Rent at the rental rate in effect at the time of such termination. Notwithstanding th6 foregoing, in the event that Lessee terminates this Agreement after the first thirty-six (36) months of the Term or during any Renewal Term for economic reasons pursuant to Paragraph 10(v) above, Lessee shall pay Lessor a termination fee as liquidated damages for such early termination in an amount equal to six (6) months' Rent at the rental rate in effect at the time of such termination." 5. Both Lessor and Lessee agree that neither party may record this First Amendment in the Official Records of Broward County. However, Lessor acknowledges that a Memorandum of Amendment in the farm annexed hereto as Exhibit: C will be recorded by Lessee in the Official Records of the County were the Premises are located_ 6. It is the intention of the parties hers#o, jhat in the event of any conflict between the terms of the Agreement and this i=irst Amendment this: First Amendment shall prevail and any conflicting language, terms or provisions in the Agree ment'Vihall be inoperative. Capitalized terms in this First Amendment Shall have the same meaning as are. -given in the Agreement, unless otherwise defined in this First Amendment, IN WITNESS WHEREOF, the parties have executed this First Amendment to the Communications Site Lease Agreement (Ground) on the date and year first above written_ Signed sealed Nid delivered i p A ft,4 -� fitness Print Nam _ Witness LESSOR: Tamarac Jewish Center, Inc., a Print Name:.;,cn�k.L Title; ,<:- Print Name; Aw,'c (Si natures contlnue�c�n :'the fallowin a e F: 11: 59 9544620140 EISENSMITH HA6E U4i I U Market: South Florida Site No: 2683D $ to Name: Tamarac Central STATE OF CQUNTY aE � ''J, The foregoing instrument was acknowledged before me this j; f day of A'1 rMAI 2001 by-� ily � �� i as of Tamarac Jewish Center, Inc., a Florida not for profit corporation, who is personally known to me or who has produced _ as identification and who did (did not) than WITNESS my hand and official seal. Notary Public Print Name My commission expires: Signed sealed and delivered in the presence of: Witness Print N me: _ rl d IL �� �trress Print Name: STATE OF. j () f COUNTY OF Or, `LESSEE: NEXTEL SOUTH CORP., a Georgia corporation,,/b/a Nextel Communications By: � Print Name: Title: Vice President t A, The forego ng instrument was acknowledged before me this day of fj1L ,C1�, by.ei fro, as) ice president of Nextel South Corpa Georgia corporation, d/b/a Nextel Communications whl� is personally known to me or who has produced as identification and who did (did no a �e an oath. ;WIESS my hand and official seal, ublic t; MYcOhMSSIaNaQoDom ' u" EXPIRES: Fabmlary 27 2)M aDndoa Thru Nowry Puhik Undxwri!6m Print Name ' My commission expires: L- 0 , 2,coS ✓ sisiB E_�51-25/2005 11:59 9544620140 EI$ENSMITH 1--'Al-It /1f Market: South Florida Site No., 2663D Site Name: Tamarac Central AMENDED EXHIBIT A DESCRIPTION OF LAND to the First Amendment to Communications Site Lease Agreement (Ground), ("First Amendment") dated _ , 2001, by and between Tamarac Jewish Center, Inc,, a Florida not -for -profit corporation as Lessor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee. The Land is described and/or depicted as fellows (mates and bounds description): Lot 1, Block 3, LYONS INDUSTRIAL PARK, according to the Plat thereof, recorded in Plat Book 71, Page 1 of the Public Records of Froward County, Florida. 2co- E/S!N) 4 CIS /'25/'2©05 11: 59 954462-0140 EISENSIIITH N/larket South Florida Site No: 2EE3D Site Name: Tamarac Centrol AMIENDED EXHIBIT B DESCRIPTION OF PREMISES to the First Amendment to Communioations Site Lease Agreement (Ground), ("First Amendment") dated . , 2001, by and between Tamarac Jewish Canter, Inc., a Florida not -for -profit corporation as Lessor, and Nextel South Corp_ a Georgia corporation, d/bla Nextel Communications as Lessee., S r� n. r -i'o' 00' 0a' A * 34, 27' • :.... G b N F L ti fi � 5t7J 59' 06' E 200.00 �r ar 1 9 D CJ W C 1 Y ( 1 •N ]ru raee 51' 06-w M 00' < FL.2tc,9 Nc7tes: 1) Tris Exhibit may be xcplaced by a land Survey of the P-emiaes Once it is received by Lessee - Setback of the Premises from thr_ Lane's boundaries shall 1,e the dist�:nce required by the applicable governmental auchorities. 3) Widtla o: Access road $hall be the width fccuired by the 3pplicak'1C gave rnment=_1 ai:thorities, including police grid fire d.eparcmr_nts. The type, number and; mounting ncsiti.vns and locations of antcnnas ar_a transmis,,ion iines are illustrative only, cr, :;al types. numbers, mounting poeicions may vary from what: is smo—: above. 08 25�2005 11:59 9544620140 r0arket: South Florida Site No: 2683D Site Name: Tamarac Central PREPARED BY: Paula Hickman, Esq. Nextel South Corp, 851 Trafalgar Court, Suite 300E Maitland, FL 32751 RETURN TO - Property Manager Nextel Communications 851 Trafalgar Court, Suite 30DE Maitland. Florida 32751 t15�N5P+11 I ti "EXHIBIT C" MEMORANDUM OF AMENDMENT This Memorandum of Amendment to the first Amendment to Communications Site Lease Agreement (Ground), is entered into on this day of , 2001 by and between Tamarac Jewish Center, Inc., a Florida corporation, whose address is 9101 NW 57 Street, Tamarac, Florida 33351, (hereinafter referred to as "Lessor") and NEXTEL SOUTH CORP., a Georgia corporation, dlb(a Nextel Communications, whose address is 851 Trafalgar Court, Suite 300E, Maitland, Florida 32751 (hereinafter referred to as "Lessee"), 1. Lessor and Lessee entered into that certain Communications Site Lease Agreement (Ground) dated August 21, 2000, (the "Agreement") for the purpose of installing, operating, and maintaining a telecommunications facility and other improvements. Lessor and Lessee then entered into a First Amendment to the Agreement (the "First Amendment") on the day of ,2001, to revise certain provisions of the Agreement, including but not limited to that which describes the Land. All of the foregoing is set forth in the First Amendment and the Agreement, 2. The land which is the subject of the First Amendment is in Broward County, Florida, more fully described in Amended Exhibit A annexed hereto. The portion of the Premises being leased to Lessee is described in Amended Exhibit B annexed hereto and incorporated herein. IN WITNESS WHEREOF, the parties have executed this Memorandum of Amendment to the First Amendment to Communications Site Lease Agreement (Ground) as of the day and year first above written XLESSOR: LESSOR: Tamarac Jewish Center, Inc., a Florida non-profit corporation Signed sealed and delivered in the presence of: v '"' E ` Witness Print Name- Print Name: Title; Witness Print Name, (SIGNATURES CONTINUED ON FOLLOWING PAGE) A,fv. EJ S +np 08/29 26,05 11:59 9544620140 EI5E[ASMITH t ; 1 Market: South Florida Site No: 2683D Site Name: T2marac Central STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2001, by as of Tamarac Jewish Center, Inc., a Florida not -for -profit corporation, who is personally known to me or who has produced as identification and who did (did not) take an oath, WITNESS my hand and official seal. ^Jotary Public Print Name My commission expires: Signed sealed and delivered in the presence of: Witness Print Nama: Witness Print Name: STATE OF Georgia COUNTY OF LESSEE NEXTEL SOUTH CORP,, a Georgia ca d/i1` ni^"6 0 NOT EE By. Print Name: John Cafaro The foregoing instrument was acknowledgedbefore me this day of , 2001, by John Cafaro as Vice President of NEXTEL SOUTH CORP., a Georgia corporation, d/b/a Nextel Communications, who is personally known to me [ or who has produced identification [ 1. Type of Identification produced My Commission Expires: NOTARY PUBLIC Print Name: a.ev. ..,;s 7 0,13 25/2005 11:59 9544620140 EISEIASt 1ITH ird.�t f l yi l E l Market: South Florida Site No; 26830 S.te Name: Tamarac Ccntral rv1EMORANDUM OF AMENDMENT EXHIBIT A Description of Land to the Memorandum of Amendment dated _ 2001, by and between Tamarac Jewish Center, Inc., a Florida not -for -profit corporation as Lessor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee_ The Land is described andfor depicted as follows (metes and bounds description)_ Lot 1, Block 3, LYONS INDUSTRIAL PARK, according to the Plat thereof, recorded in Mat Book 71, Page 1 of the Public Records of Froward County; Florida. 8 Ij181J25 20F_t5 11:59 9544620140 EISENSIVIITH NAaE iU,'1U Market: South Florida Site No: zs$sp MEMORANDUM OF AMENDMENT Site Name: Tamarac Central EXHIBIT Description of Premis+?s to the First Amendment to Communications Site Lease Agreement (Ground), ("First Amendment") dated , 2001, by and between Tamarac Jewish Center, Inc., a Florida not -for -profit corporation as Lessor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Cornmunications as Lessee_+ I .� li of Q ti•� �r I I R• 3C. CC'---�� A-m.27' °+t'h- w CIR}L ,50V 59' Ob' E 201. 00' 1 VA a, w' e 4:-4 ` rM Iry �,.tC"f ti• X *. 7 , u ,r.t° r. _M is 0.v oit l.•'F-rS Vui Ic.u�7 hiG 1 +��,' .���Z.I' '� j�YY\✓�.���'+`L.-r 2,toteg e 1) This Exhibit may be replaced by j land survey pf the Prem4 es once i.t is rPCeived by teeste. Setback of the Premises from the Land',; boundaries shall, be the distance reauixed by the applicable go•.erame,r,tal authozjr. cs. 11 Width of acceas rocd E,a11 be the width required by the applicable governmental ?uthorxtiea i:9clud;Ylq poliCez and fire depwrtcnents. [)• F, nikrlber end mountir;q positions tlnd locctiorAs of anten;:fis anY tranc,rlissi.on lines are I accrative only. '_Ctual t,,Pes, numbers, mountige os; tion5 1 o ry rpm what is shown above- 9