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CroNvn Castle
12120 ALIgUSta. SLIfle 500
1 foustoii. Texas 770�7
Tax Parcel � 2-6-20-30-5AR-0000-1010
Cross index witli Book 4560. Pal,41e 3175
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MEMORANDUM OF FIRST AMENDMENT TO LEASE AGREEMENT
THIS MEMORANDUM OF FIRST AMENDMENT TO LEASE AGREEMENT
("Amended Memorandum") is made effective this 31 day of 4thfd% - 2016, by
and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), with
a mailing address of 1126 E. State Road 434, Winter Springs, Florida 32708, and NEW
CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, and the successor
by merger with BellSouth Personal Communications LLC, a Delaware limited liability company,
dated December 31, 2004, for itself and as general partner of Bellsouth Carolinas PCS, L.P., a
Delaware limited partnership ("Tenant"), with a mailing address of New Cingular Wireless PCS,
LLC, Suite 13-F West Tower, 575 Morosgo Drive, Atlanta, Georgia 30324,
WHEREAS, City and Bellsouth Mobility LLC, a Georgia limited liability company
("Bellsouth"), entered into that certain Lease Agreement dated November 7, 2000 (as amended
and assigned, the "Lease Agreement"), whereby City leased to Bellsouth an approximately
10,000 square feet portion of that property (said leased portion being the "Lease Property")
located at 411 Shore Road (Tax Parcel 4 26-20-30-5AR-ODOO-1010), Winter Springs, Seminole
County, Florida, which property is described in Book 1955, Page 522 in the Seminole County
Clerk's Office ("Clerk's Office"), together with those certain access, utility and/or maintenance
easements and/or rights of way granted in the Lease Agreement. The Lease Agreement is
evidenced by, and the Lease Property is described in, that Short Form Lease Agreement dated
November 7, 2000, and recorded on January 17, 2001, in Book 3991, Page 993 of the Clerk's
Site Name: FL Lake Street BSI 802222
Crown BU: 802222
Cingular Site: 10020262
06HUMEM
Office, which was replaced by that Short Form, Lease Agreement dated September 18, 2002, and
recorded on October 15, 2002, in Book 4560, Page 375 in the Clerk's Office ("Memorandum");
and
WHEREAS, Tenant is the successor -in -interest in the Lease Agreement to Bellsouth; and
WHEREAS, the Lease Agreement has an original term, including all extension terms,
that will expire on November 6, 2020 ("Original Term"), and City and Tenant now desire to
amend the terms of the Lease Agreement to provide for additional extension terms beyond the
Original Tenn, and to make other changes; and
WHEREAS, City and Tenant made and entered into a First Amendment to Lease
Agreement of even date herewith ("First Amendment") and pursuant to the to of, and for that
consideration recited in, the First Amendment, the parties wish to hereby amend certain
provisions of the Lease Agreement, and provide this Amended Memorandum as notice thereof,
as follows:
1. City does hereby lease unto Tenant, its successors and assigns, the Lease Property
for six (6) additional five (5) -year extension terms beyond the Original Tenn, such that the
Original Term and all extension terms of the Lease Agreement may last for a to of fifty (50)
years, expiring on November 6, 2050, unless sooner terminated as provided in the Lease
Agreement.
2. The Lease Property is described as an approximate 10,000 square feet portion of
real property (said leased portion being the "Lease Property") located at 411 Shore Road (Tax
Parcel # 26-20-30-5AR-0D00- 10 10), Winter Springs, Seminole County, Florida, which property
is described in Book 1955, Page 522 in the Seminole County Clerk's Office.
1 If the City receives a bona -fide, written offer from any person or entity that owns
towers or other wireless telecommunications facilities (or is in the business of acquiring City's
interest in the Lease Agreement) topurchase fee title, an easement, a lease, a license, or any
other interest in the Lease Property, or City's interest in the Lease Agreement, or an option for
any of the foregoing, and the City is seriously considering accepting the written offer, the City
shall provide written notice to Tenant of said written offer, and Tenant shall have a right of first
refusal to acquire such interest on the same terms and conditions expressly stated in the offer,
excluding any terms or conditions which are (i) not imposed in good faith or (h) directly or
indirectly designed to defeat or undermine Tenant's possessory or economic interest in the Lease
Property,
4. This Amended Memorandum contains only selected provisions of the First
Amendment, and reference is made to the full text of the Lease Agreement and the First
Amendment for their full terms and conditions, which are incorporated herein by this reference.
Except as otherwise provided in the First Amendment and this Amended Memorandum, the
Site Name: FL Lake Street BSI 802222
Crown BU: 802222
Cingular Site: 10020262
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terms and conditions of the Lease Agreement remain in full force and effect. This instrument
may be executed in any number of counterparts, each of which shall be deemed an original and
which together shall constitute one and the same instrument.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Site Name: FL Lake Street BSI 802222
Crown BU: 802222
Lingular Site: 10020262
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IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and
have executed this Amended Memorandum as of the date first above written.
Signed, sealed and delivery
in the presence oL
siiRs
Print Name: LQ—
Print arn�e-
STATE OF FLORIDA
)SS -
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS,
a Florida municipal corporat
By: -//Z'�—'SEAL)
Print Nla'. Kevin[. Smith
Title- City Manager
The foregoing Memorandum of First Amendment to Lease Agreement was signed,
sealed, delivered, and acknowledged before me this "Z day of, 2016,
by Kevin L. Smith, City Manager of the City of Winter Springs, a Florida rn=corporation,
for and on behalf of the corporation whos personally known to me or who produced a
as idKennification.
W CASEY CARMAN
Notary public - SMIS of FWWa N106Y PuAic
Commission
0 FF 215744
My C"Mm F 91M Mar 31, 2019 Print Name:
My Commission Expires: &--("
Site Name: FL Lake Street BSI 802222
Crown BU, 802222
Cingular Site: 10020262
4
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•
IN WITNESS WHEREOF, the parties hereto have signed this instrument under seal and
have executed this Amended Memorandum as of the date first above written.
Signed, sealed and delivery
in the presence of:
Print Name:
Print
STATE OF (fDe-c ' ' c—, )
A ) SS:
COUNTY OF
TENANT:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation,
a Delaware corporation
Its: Manager
B(SEAL)
Nellie Jabbari
Area Manager Real Estate Transactions
The foregoing Memorandum of First Amendment to Lease Agreement was signed,
sealed, delivered, and acknowledged before me this = day of J , 2016,
by Nellie Jabbari, Area Manager Real Estate Transactions of AT&T Mobility Corporation, a
Delaware corporation, as Manager of New Cingular Wireless PC> LLC, a Delaware limited
liability company, for and on behalf of the corporation who [—f—is personally known to me or
whoop„], ced a as identification.
E��l)
Notary P lid
Print Name: J \ W
My Commigsionlxpires: Q:5-- 1 a 2 11 d
Site Name: FL Lake Street BSI 802222
Crown BU: 802222
Cingular Site: 10020262
5
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