2015-100 Prepared by: Joanne Beaulieu
After recording return to: Khreshmore Spence
SBA Network Services, LLC
8051 Congress Avenue
Boca Raton, FL 33487-1307
Ph: 1-800-487-7483 ext. 7795
Parcel ID: 232225040014200400
AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
µ
THIS AMENDMENT TO COMMUNICA INNS SIT L SE AGREEMENT
(GROUND) ("Amendment") is executed this 2 day of , 2015, by and
between the CITY OF CLERMONT, a Florida municipal corporation,having an address at
P.O. Box 120219, Clermont, FL 34712-0219 ("Lessor")'and SBA 2012 TC ASSETS, LLC, a
Delaware limited liability company, having a principal office located at 8051 Congress
Avenue, Boca Raton, Florida 33487-1307 ("Lessee").
WHEREAS, Lessor and Nextel South Corp., a Georgia corporation, d/b/a Nextel
Communications entered into that certain Communications Site Lease Agreement (Ground),
dated September 26, 2000, as amended, and as evidenced by that certain Memorandum of
Agreement recorded September 10, 2001, as Instrument #2001086597, in Book 01999, Page
201, as amended by that certain unrecorded Corrected Memorandum of Agreement dated
August 28, 2007, and ultimately assigned to Lessee, f/k/a TowerCo Assets LLC, a Delaware
limited liability company, successor by merger to Tower Entity 10 LLC, a Delaware limited
liability company, pursuant to that certain Assignment and Assumption of Ground Lease
recorded December 9, 2008, as Instrument #2008139041, in Book 03708, Page 1607, both
recordings of the Clerk of Court's Office of Lake County, Florida (collectively, "Agreement")
for Lessee's use of a portion of the real property ("Premises") located at 402 12th Street,
Clermont, FL 34711 ("Land"), being more particularly described in the Agreement; and
WHEREAS, Lessor and Lessee desire and intend to amend and supplement the
Agreement as provided herein.
°°°'9879 FL46216-A/Central West Clermont
1
L r
NOW, THEREFORE, for good and valuable consideration of One Hundred and no/100
Dollars ($100.00), the receipt and sufficiency of which is hereby acknowledged, the parties
hereto covenant, agree and bind themselves to the following modifications to the Agreement-
]
Section 4. Term, of the Agreement is hereby amended as follows:
In addition to the Renewal Terms as referenced in the Agreement, the Agreement
is hereby amended to include five (5) additional successive terms of five (5) years
(each an "Additional Renewal Term"). Each Additional Renewal Term shall be
deemed automatically extended, unless Lessee notifies Lessor of its intention not
to renew the Agreement prior to the commencement of the succeeding Additional
Renewal Term. The first Additional Renewal Term shall commence on January 6,
2021 ("Additional Renewal Term Commencement Date"), upon the expiration of
the Renewal Term expiring on January 5, 2021.
2 The fourth (4th) sentence of Section 14. Assignment and Subletting, of the
Agreement is hereby deleted in its entirety.
3 Section 18(d). Miscellaneous, of the Agreement is hereby amended as follows:
If to Lessee:
SBA 2012 TC Assets, LLC
Attn: Site Administration
8051 Congress Avenue
Boca Raton, FL 33487-1307
Re: FL46216-A/Central West Clermont
4 Capitalized terms not defined in this Amendment will have the meaning ascribed
to such terms in the Agreement.
'
5
This Amendment will be governed by and construed and enforced in accordance
with the laws of the state in which the Land is located without regard to principles
of conflicts of law.
6. Except as specifically set forth in this Amendment, the Agreement is otherwise
unmodified and remains in full force and effect and is hereby ratified and
reaffirmed. In the event of any inconsistencies between the Agreement and this
Amendment,the terms of this Amendment shall take precedence.
7 Lessor acknowledges that the Exhibits attached to the Agreement may be
preliminary or incomplete and, accordingly, Lessee may replace and substitute
such Exhibits with an accurate survey and legal descriptions of the Premises and
easements and re-record this Amendment with the approval of Lessor. Following
such re-recording,the descriptions of the Premises and easements described therein
shall serve as the descriptions for same for all purposes under the Amendment.
8 Lessor represents and warrants to Lessee that the Lessor is the sole owner in fee
simple title to the Premises and easements and the Lessor's interest under the
00019879 FL46216-A/Central West Clermont
2
Agreement and that consent or approval of no other person is necessary for the
Lessor to enter into this Amendment.
9 This Amendment may be executed in one or more counterparts, and by the
different parties hereto in separate counterparts, each of which when executed shall
be deemed to be an original but all of which taken together shall constitute one and
the same Amendment.
10 Lessee shall have the right to record this Amendment.
[The remainder of this page is intentionally left blank. Signatures to follow.]
°°°'9879FL46216-A/Central West Clermont
3
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first above written.
WITNESSES: LESSOR:
CITY OF CLERMONT, a Florida municipal
(--7 /tiLLO/C-.C140 I /ell Cwt dcorporation
Print Namei—Bac-100/a_ 1-\o1\-e(cv d By:
Print Name: GQ,l 1 L • As i
�� Title:
41)r
Print Name: Lr
STATE OF FLORID4
COUNTY OF kiee,
The foregoing instrument wasj�cknowledged before me this /1 r,
day of �ok
2015, by gel L. ,iqs K , as
(/QIP of the City
of Clermont, a Florida municipal corporation, on be alfQ,of he corporation. He/she is
personally known to me or has produced as identification.
__ /
(NOTARY SEAL) Notary Public /
40,sr DENISE RAYL NOAK
* MY COMMISSION 6 EE 150678
*:!!7.r EXPIRES December 20,2015
e Bonded Thr,Budget Notary Services
o0019879 FL46216-A/Central West Clermont
4
WITNESSES: LESSEE:
SBA 2012 TC ASSETS C, a D: aware
ca
limited liability corns - y
Print e: Javetta Mix.n
By: 40l
AlatarAAlyssa Houlihan
'' V Vice President, Site Leasing
Print Name: Giovanna Rivera
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me on the day of
OCiacjer
2015, by Alyssa Houlihan, Vice President, Site Leasing of SBA 2012 TC
Assets, LLC, a Delaware limited liability company, on behalf of the company and who is
personally known to me.
WdOndict ele
Notary Public
Print Name: Wendy Carrick
My Commission Expires:
(NOTARY SEAL) p e��/ �}ry n
` ��.,,,,p.y-- "."571e�Fil4.P7N�Rf11V�1
e ta[302U1i
hru N4Jiary 'Ss
v.y�av�e��rsti%
000i9879 FL46216-A/Central West Clermont
5
8051 Congress Avenue
Boca Raton, FL 33487-1307
S B A DI T+561 995 7670
® F+561 995 7626
sbasite corn
Via USPS Certified Mail/Return Receipt Requested
October 28, 2015
City of Clermont
P.O. Box 120219
Clermont, FL 34712-0219
RE: SBA Site Name: Central West Clermont
SBA Site ID#: FL46216-A-0
Fully Executed Amendment to Communications Site Lease Agreement(Ground) (the "Amendment")
Dear Lessor:
Please find one (1) fully-executed Amendment for the above-referenced site You should retain this original
document for your files
Pursuant to the terms of the Amendment, you will receive a payment in the amount of $100.00 as
consideration for this Amendment (the "Payment") This Payment will be sent directly to the City of
Clermont's bank account from SBA's Accounts Payable Department Please allow up to 10 business days
from the date of this letter to receive the Payment
It is required that you acknowledge receipt of this Payment by signing below and returning a copy to my
attention via fax number(561) 226-3501 or by regular mail to the address noted above
If you have any questions regarding the Amendment or what is stated herein, please feel free to contact me
directly at (561) 226-9483 or via email at NBrown@sbasite corn SBA looks forward to a continued and
pleasant working relationship with the City of Clermont.
Si
i%
;11 &01,"........._
Nao -"B. Brown
Site Administration Specialist II
Receipt of Payment Acknowledged by:
, 6GOPCCoolAaL53 AVIaI15—
Lessor half of the City of Clermont Date
Enclosures