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Home My WebLink AboutCrown Castle Memorandum of Second Amendment to Site Agreement 2016 03 31Prepared out of State. Return to: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Cross Index with Book 3418, Page 409 Tax Map #: 26-20-30-5AR-OB00-0270 MEMORANDUM OF SECOND AMENDMENT TO SITE AGREEMENT FOR LAND THIS MEMORANDUM OF SECOND AMENDMENT TO SITE AGREEMENT FOR LAND ("Amended Memorandum") is made effective this ,a % day of M41110r% , 2016, by and between CITY OF WINTER SPRINGS, a Florida incorporated municipality ("Owner"), with a mailing address of 1126 East S.R. 434, Winter Springs, FL 32708, and T - MOBILE USA TOWER LLC, a Delaware limited liability company ("Tenant"), by and through CCTMO LLC, a Delaware limited liability company, its Attorney -in -Fact, with a mailing address of c/o Crown Castle USA Inc. 2000 Corporate Drive, Canonsburg, Pennsylvania 15317- 8564. WHEREAS, Owner and VoiceStream Tampa/Orlando, Inc., successor by name change to APT Tampa/Orlando, Inc. ("VoiceStream"), entered into a Site Agreement for Land dated December 12, 1997 (as amended and assigned, the "Agreement"), whereby Owner leased to VoiceStream a portion of land being described as a 2,500 square feet portion of that property (said leased portion being the "Premises") located at 1126 East S.R. 434 (Tax Parcel #26-20-30- 5AR-OB00-0270), Winter Springs, Seminole County, State of Florida, and being further described in Book 1557, Page 566 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 Agreement. Notice of the Agreement is provided by, and the Premises is described in that certain Memorandum of Site Agreement for Land/Lease ("Memorandum"), recorded on May 5, 1998, in Book 3418, Page 409 in the Clerk's Office; and Site Name: Lake Jessup (VS) BU: 825280 - 1 - PPAB 2583159v1 WHEREAS, Owner and VoiceStream entered into an Amendment No. 1 to Site Agreement for Land dated March 12, 2001 ("First Amendment"), which increased the size of the Premises to 3,500 square feet; and WHEREAS, Tenant is the successor in interest to VoiceStream; and WHEREAS, the Agreement has an original term, including all Renewal Terms (as defined in the Agreement), that will expire on December 31, 2022 ("Original Term"), and Owner and Tenant now desire to amend the terms of the Agreement to provide for additional Renewal Terms beyond the Original Term, and to make other changes; and WHEREAS, Owner and Tenant made and entered into a Second Amendment to Site Agreement for Land of even date herewith ("Second Amendment") and pursuant to the terms of, and for that consideration recited in, the Second Amendment, the parties wish to hereby amend certain provisions of the Agreement, and provide this Amended Memorandum as notice thereof, as follows: 1. Owner does hereby lease unto Tenant, its successors and assigns, the Premises for six (6) additional five (5) year Renewal Terms beyond the Original Term, such that the Original Term and all Renewal Terms of the Agreement may last for a term of approximately fifty (50) years, expiring on December 31, 2052, unless sooner terminated as provided in the Agreement. 2. The Premises is described as that 3,500 square feet portion of that property located at 1126 East S.R. 434 (Tax Parcel #26-20-30-5AR-OB00-0270), Winter Springs, Seminole County, State of Florida, which parent parcel is described in Book 1557, Page 566 in Clerk's Office. Exhibit A attached to the Memorandum is supplemented by Exhibit A attached hereto, showing the additional 1,000 square feet added to the Premises pursuant to the First Amendment. 3. If Owner receives an offer from any person or entity that owns towers or other wireless telecommunications facilities (or is in the business of acquiring Owner's interest in the Agreement) to purchase fee title, an easement, a lease, a license, or any other interest in the Premises, or Owner's interest in the Agreement, or an option for any of the foregoing, Owner shall provide written notice to Tenant of said offer, and Tenant shall have a right of first refusal to acquire such interest on the same terms and conditions in the offer, excluding any terms or conditions which are (i) not imposed in good faith or (ii) directly or indirectly designed to defeat or undermine Tenant's possessory or economic interest in the Premises. The details of the right of first refusal granted to Tenant in the Second Amendment are provided in the Second Amendment. 4. This Amended Memorandum contains only selected provisions of the Second Amendment, and reference is made to the full text of the Agreement and the Second Amendment for their full terms and conditions, which are incorporated herein by this reference. Except as otherwise provided in the Second Amendment and this Amended Memorandum, the terms and conditions of the 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. Site Name: Lake Jessup (VS) BU: 825280 - 2 - PPAB 2583159v1 IN WITNESS WHEREOF, Owner and Tenant have signed this instrument under seal, and have caused this Amended Memorandum to be duly executed on the day and year first written above. OWNER: CITY OF WINTER SPRINGS, a Florida incorporated mality 7 By: _ _(SEAL) Print TJ me:K �L L y Title: C �.J e�rw 4�2�e1� STATE OF COUNTY OF The foregoing Memorandum of Second Amendment to Site Agreement for Land was acknowledged before me this day of0cA 4 lUby Kevin as the CkVy maraW of ITY T GS, a Florida incorporated municipality, on behalf of the municipalit He'she is personally known o me or has produced as identification. Date: U�&AVAM [SEAL OR STAMP] CASEY CARMAN �sE Notary Public • State of jFWWdaCommission N FF 21My Comm Expires Mar 3Bonded thiouQh National W Site Name: Lake Jessup (VS) BU: 825280 PPAB 2583159v 1 - 3 - By: Print Name: aix c"- .rDD J✓ Notary Public My Commission Expires: l i hak 31 a.Ol 9 4400" IN WITNESS WHEREOF, Owner and Tenant have signed this instrument under seal, and have caused this Amended Memorandum to be duly executed on the day and year first written above. TENANT: T -MOBILE USA TOWER LLC, a Delaware limited liability company, By: CCTMO LLC, a Delaware limited liability company, its Attorney -in -Fact By �;?(SEAL) Print Name: Lisa A. Sedgwick RET Manager Title: STATE OF TeKaS COUNTY OF �avr�5 The foregoing Memorandum of Second Amendment to Site Agreement for Land was aclu*10 :.ledged before me this Qti day of USS 201/,G by SL5MWIC�– as the W CCTMO LLC, a Delaware liimited liability company, as the Attorney -in -Fact of T -MOBILE USA TOWER LLC, a Delaware limited liability company, on behalf of the company. He/she is personally known to me or has produced as identification. Date: o':>s By: —2-Z)t Print Name: Kelser McMillen Notary Public [SEAL OR STAMP] KELSER RONNETTE MCMILI FQ3•aS��g 2. • `�= Notary Public, State of Tex Commission Expires: gw':�rvc Comm. Expires 03-25-2018 Notary ID 128219417 Site Name: Lake Jessup (VS) BU: 825280 - 4 - PPAB 2583159v1 10 CA BA 3 C { 4400- 4 571' �_—_—_---01'--S0'E —t 1 Site Name: Lake Jessup (VS) BU: 825280 PPA 13 25 83 1 5 9v 1 EXHIBIT A ± — 24'' RCP --�--� HEADWALL RETENTION POND e 1 � � a ".S71,01-SO'E 50,00' —�------+s---- TOP OF RANI( sn 1 AREA: 2500 SQUARE FEET '-- '----l-� --- { OR 0.057 ACRCt 1UPERNOUS AREA: 1x'1+!111 148.69 S0. FT. ' Ix'Out >�1tx'6A11 I 1'7 3 1 xaFK y c � x'oNc s + 1 sp 'M19 +� . ra olur 1 .n' 71 5 ra�o1. y 1 I 1 N a U PREFABRICATED " p1 reroy,u BUH DING s O + M1 pp4 3 y �TF�A1dSFC]R4[R ... .._Tw _......__ 76fQOM� �a�s CI..11tl111e111Iu. T8Tfp8 / L1f:e11d04 41G gg- sir LJ.♦�tl w }ie�Fri~ xr �xrracem �t vrc ,+' aror n1v..noo o arum rott _,F orme.o un..n was or nlcmc rano acclnc ewc 7,L rqc n>wewr ro YeiR ICRP r.aa n.lr n mwao.axrr rear nexn�ovwnlrrrr o r.11ovrrnr.mrr Rh wulT-v-'-rlwY .rw umrn .uaar �amrrrc .erricra a.w SITE PLAN . APT-BTS-2EDOS