HomeMy WebLinkAboutTR-12007 Exhibit 4.pdfSite No:FL2683D
Site Name: Tamarac Central i r> 1 T
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This Amendment No. 3 ("Amendment") is made as of this = day of 200i,' 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 Communications, hereinafter referred to as
"Lessee".
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 Broward, 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:
2. 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
Term. 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.
3. Lessor and Lessee hereby agree that the total rent in the amount of $84,273.35 for the
period February 17, 2004 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.
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Site No:FL2683D
Site Name: Tamarac Central
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.
LESSEE:
Nextel South Corp., a Georgia corporation d/b/a
Nextel Communications
Name: -Roger A. Sampson
Title: Vice President of Site Development — South
Region
Date: /(% J-;1 Alo-I
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