HomeMy WebLinkAboutTR-12007 Exhibit 3.pdfr=1 1 31_i!� r_i 0 5 1: -11 - 95446-1_t 140
vsrket: South Florida
Site No: FL-2683D
Sitw Name: Tamarac Central
SECOND AMENDMENT TO
COMMUNICATION SITE LEASE AGREEMENT (GROUND)
3E 01/ 03
This Second Amendment to Communications Site Lease Agreement (Ground), hereinafter referred to as
"Second Amendment", is made this 5�j day of Sa:A=611?_ _. 2001, by and between Tamarac Jewish
Center, inc., a Florida not for profit 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 Communic-ations,
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, as amended by a First Amendment to
Communications Site Lease Agreement (hereinafter referred to as "First Amendment") dated March 2, 2001, for
the placement of certain telecommunications facilities and other improvements on the Property owned by Lessor;
nd
WHEREAS, the parties now desire to further modify and amend the Agreement and First A endrnent,
IOW, THEREFORE, in consideration of the execution of this Second Amendment, and the mutu<:-i
promises, terms, covenants and conditions contained herein, the parties hereto do hereby agree as follo'Qvs'
The foregoing recitations are true and correct and are hereby incorporated by reference.
2_ Amended Exhibit B attached to the First Amendment is hereby deleted in it entirety and replaced
vdfh the Second Amended Exhibit B attached hereto-
3. it is the intention of the parties hereto, that in the event of any conflict between the terms of the
Agreement, the First Amendment and this Second Amendment, this Second Amendment shall prevail and any
conflicting language, terms or provisions in the Agreement and/or the First Amendment shall be inoperative.
Capitalized terms in this Second Amendment shall have the same meaning as are given in the Agreement, unless
otherwise defined in this Second Amendment_
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Communications Site
Lease Agreement (Ground) on the date and year first above written.
Signed sealeend delivered
in the presen of: /
t+Vi`, ess
"Vitne (/ /�
Print Name* _ 14L �C24a�
LESSOR:
TAMARAC JEWISH CENTER, INC., a Florida
not =for profit corpoyon
By:
Print Name:
Title:
418_44_,. 2005 122: _J1 954413220140 c, - -
14 EISEIJ�PIITH F'Hi:;E 4''',:41j
f,Aarket: South Florida
Site No: FL-2683D
Site blame: Tamarac Central
STA T E OF JJ
COUNTY OF'Io
The foregoinginstrument was acknowledged before me this �� day of L 2001, by._
s�r�j !_ • _ of Tamarac Jewish Center, a Florida no 9 profit Corporation,
ho is p rsonall , known to me or who has produced as identification
and who did (did not anoath.
WITNESS m"' and and official seal.
C,
Notap,,?'ublic
Lf�
1 , it it Name
My Comrnission expires:
ed sealed and delivered
e presence Of: —
Print Name-.
vv[tness
Print Name,
COUNTY OF ( I f I I
:Ku
t-6043NOTAAY i=L Notary Senncv a Ennalnp, inc,
LISA M!]RRlS
�aYCQ1�1Ni1SS10N�CcesU9w
EXPIRES: No"t3. Z
LESSEE:
NEXTEL SOUTH CORP.,a Georgia
corporation, d/bty NEXTEL COMU AUNIGATIONS
10 Print Name: Richard A. KonVW ___--
Title; Area Vice President
The foregoing instrument was acknowledged before me this's' L� day o�Nxtel
2001,'byRichard
,Lv Konkey, as Area Vice President of Nextel South Corp., a Georgia corporation, dommunications
Who is personaliv known to me or who has produced h t I la as identification
and who did {did not) take an oath
' TNESS my hand and official seal.
dACQUEL}NE MGDONALD
to Public ?+; MY COMMISSION # DD G?72
EXPIRES; ;=ebruary 27, 2N5
_:� � S'�;i�'�r�,� 8ondcAThruNMaryPuro�'c4ntlens;flers
rJjryee
i'. y commission expires: � , =j
' F_10 5 1 _{ 1 15446
: E_114 E_i
EISENSIAITH
F'A!:=;E 03/E=1:
DAarket: South Florida
Site No: FL-2633D
Site Name: Tamarac Central
SECOND AMENDED EXHIBIT B
DESCRIPTION OF PREMISES
to the Amendment dated ` 2 _ " 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-
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Notes
-i -This ExMi=t may be rep]:,ced by a 74!r,d survey of the Prtr,ises once it is receaved by e ,
Setback of Cbe Premjcts frOw, the Land's boujdt,r3es sba11 be the distance required kT the
a-oplicab]e governmental authorities.
=] Hidtb of access road Thal] be the width required by the applicable governmental avtboritiez,
including polio and fire oeaortments.
} The ty'pE, number and mounting POZ3t7ob5 and Socrtions of antennas and tranpm46suaon linen are
illustrOtsve cnly. fetus] ryPEs, number~, mount; ;)s positron= msv v*ry from Wh1it it, shot `n ab r-
3
04/26/2006 14:40 9544620140 EISENSMITH PAGE 02/04
Site o:FL26831) V I
Site Name: Tamarac Central
AMENDMENT N0.3
This Amendment No. 3 ("Amendment") is made as of this �, I S 1 day of �l 1 200 , 1 by and
between Tamarac Jewish Center, Inc., a Florida not for profit corporation, hereinafter referred to as "Lessor"
and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communi
"Lessee". cations, hereinafter referred to as
' WITNESSETH:
WHEREAS, Lessor and Lessee, entered into a certain Communications Site Lease Agreement
(Ground) dated 2nd day of March, 2001 (hereinafter referred to as the "Agreement"), for premises consisting
of approximately 800 square feet of the land and all access and utility easements, if any ( the "Premises")
located in the City of Tamarac, County of froward, State of Florida, more commonly known as Temple
Beth Torah/Tamarac Jewish Center. (hereinafter referred to as the "Property"); and
WHEREAS, Lessor and Lessee agree that the Agreement provides that Lessee shall have the right to
operate communications services at the Premises; and
WHEREAS, Lessor and Lessee desires to modify and amend the Agreement, First Amendment and
Second Amendment; and
NOW, THEREFORE, in consideration of the execution of this Third Amendment, and the mutual
covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Paragraph 3 of the First Amendment, entitled "Rent" shall be amended and modified to
reflect the following:
Rent: Lessee shall pre -pay Rent for the next thirty --six (36) months of this Agreement.
This pre -payment shall be for a total amount of $77,250,57 for the period covering
February 17, 2004 to February 16, 2007 which amount includes the annual increases set
forth in paragraph 5(b) of this Agreement for the next thirty-six (36) months of the
Terre. Rent for any fractional month at the beginning or at the end of the Term or
Renewal Term shall be prorated. Should this Agreement be terminated during the next
thirty-six (36) months of the Term for Lessor's default or pursuant to Paragraph 10 of
this Agreement, Lessor shall refund to Lessee within 30 days of such termination the
unused portion of such Rent.
Lessor and Lessee .hereby agree that the total rent in the amount of $84,273-35 for the
period February 17, 2-004 to February 16, 2007 shall be reduced in the amount of Seven
Thousand Twenty Two Dollars and Seventy Eight cents ($7,022.78) which is equal to
one month of Free Rent for each pre -paid year. In the event the Agreement is
terminated prior to February 16, 2007, the amount refunded to Lessee shall be
calculated accordingly.
0:\PROPMGMnWOP,DTL,EGp,LkAinendments1FL2683;D3,d Amendment 12-11-03.docl
04/26/2006 14:40 9544620140
orte N' o:FL2683D
Site Name: -Tamarac Central
EISENSMITH
PAGE 03/04
4. Miscellaneous.
(a) All capitalized terms used herein, unless otherwise defined herein, shall be defined
in conformity with the terms and conditions of the Agreement.
(b) In case of any inconsistencies between the terms and conditions contained in the
Agreement and the terms and conditions contained herein, the terms and conditions herein
shall control. Except as set forth herein, all provisions of the Agreement remain unchanged
and in full force and effect.
(c) ' Lessee shall have the right to record an amended Memorandum of Agreement in the
official Records of the County where the Property is located. Lessor agrees to execute an
amended Memorandum of Agreement for recording upon request by Lessee.
(d) This Amendment may be executed in multiple counterparts, each copy of which
shall be deemed an original document.
IN WITNESS WHEREOF, the parties have executed this instrument as a sealed instrument as of the
day and year first written above.
LESSOR: .LESSEE:
Tamarac Jewish Center, Inc., a Florida not for- Nextel South Corp., a Georgia corporation d/b/a
profit corporation Nextel Communications
4,A-
Name:
By;By
F= t-� Ss) i -T-4 Name: Rc er A. Sampson
Title:
Date: e; �d
Title: Vice President of Site Development — South
Region
Date:%l��'��
G:\PROPMGMT\WORD\FLI-EGALkArnendments\FL2683D3rd Amendmcnt 12-1 t-03.doc2
07/13/2006 14:13 9544620140
Jul-13-2006 02:24pm From-NEXTEL
EISENSMITH PAGE 02/02
4078385442 T-140 P.002/002 F-223
Date:
Lessee:
Cammettcctrtent Date:
Pt'etactises:
ESTOP EL CERTIMATE
July III 2GO6
Nextel South Corp., a Georgia corporation
February 17, 200I
9101 NW 57"' Street, Tamarac, FL 333 51
Lessor Tamarac Jewish Certter, Inc, a Florida not for profit
corporatiou
Re: FL2683- )/Tamarac Central
The undersigned hereby certifies to L.assor as of the Date as follows:
1. The undersigned is the `Lessee" under an A.g =mcnt dated August 215; 2000
("A�Vmment") covering the above referertcW premises (-Fretnises').
2. ne Agemnennt constitutes the entire agreement between lessor and Lessee with
respecr to the premises and .the Agx=neat has nor been trmodifed, changed,
altered or amended is any respect except as per First AuiKndmeazt dazed March 2,
2001, Second Amend new dated September 5, 2001 and Tbird Amendment dated
January 21" 2004.
3. The current. term of the Ag nent couum=ed on February 17, 2001, and will
expire can February 16, 2011 with four (4) successive five (5) year automatic
renewal tens.
4. To Lessft's knowledge, there a Cdsts no breach or default on the par of L&zsor.
S, Lessee has currently pre -paid rmv in the amount of $84,273.35 for the period
covering Februay 17, 2004 to February 16, 2007, this rent was reduced by
$7,022.78 vrhich is equal to one month free reztt for each prepaid year. Lessee
has a security depvsir of $0.00.
6. Lessee bas tt1ty prepaid rent and other sums due Leswr tb rough the date hcno£
Dated this 11th day of ]Lay, 2006.
-LESSEE,
NEX-WL SOUTH CORP,
By:
Cath nine Wisshaum
Its: Manager] Real Fstate South Rem
Re. 11\01