R-2015-34 {
CITY OF CLERMONT
RESOLUTION NO. 2015-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPROVING AN
AMENDMENT TO THAT CERTAIN SITE LEASE AGREEMENT
DATED SEPTEMBER 8, 2000 BETWEEN THE CITY AND NEXTEL
SOUTH CORPORATION AND ASSIGNED TO SBA 2012 TC ASSETS,
LLC, F/K/A TOWERCO ENTITY 10, LLC, FOR THE-OPERATION
AND USE OF COMMUNICATION FACILITIES; PROVIDING FOR
FIVE ADDITIONAL FIVE-YEAR RENEWAL TERMS; INCLUDING A
FIVE PERCENT INCREASE IN RENT FOR EACH YEAR;
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT AS
PROVIDED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clermont,
Lake County Flonda, as follows
SECTION 1
The City Council does hereby approve the Amendment to Communications Site Lease
Agreement attached hereto and incorporated herein as Exhibit "A" on the property descnbed
therein to SBA 2012 TC Assets, LLC ("SBA") as successor entity of Nextel South Corp
SECTION 2
The Mayor of the City of Clermont is hereby authorized and directed to execute the Amendment
to Communications Site Lease Agreement set forth in Exhibit "A"
SECTION 3
This resolution shall take effect immediately upon its adoption
1
CITY OF CLERMONT
RESOLUTION NO. 2015-34
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
,',,Flonda on this 13th day of October, 2015
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rCITY OF CLERMONT
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„,r Gail L Ash ayor
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ATTEST ,
APhidielv
Tracy Ackroyd, City lierk
Approved as to orm and legality
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.11.77-Attorney"i y Attorney
Prepared byJoanne 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 SITEJEASE AGREEMENT(GROUND)
THIS AMENDMENT TO COMMUNICA I QNS 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 0 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 tease 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
00019879 FL46216-A/Central West Clermont
1
'
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
I 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.]
00oi9879 FL46216-A/Central West Clermont
3
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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
C>14102c--040 I l eA corporation
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Print Name 13arb o Not\-e(GBy
Wdt-k ►1 d L
Print Name G/1 1 61
, AS r)
Act_ eorTrtle
Print Name I ' I
STATE OF FLORID
COUNTY OF a lee,
lig
The foregoin instrument waspcknowledged before me this /z day of 061442,1,-,
r,
2015, by get/i L. /4 A , as
//�CZ[,/QI— of the City
Clermont, a Florida municipal corporation, on behalf of he corporation He/she is
personally known to me or has produced as identification
��-�_ - . L_ ._� /.moi
(NOTARY SEAL) Notary Public /
O.ar ru¢, 'DENISE RAYL NOAK
* * MY COMMISSION#EE 150678
;,,!!n'1 EXPIRES December 20,2015
C.,j0� Bonded Thin Badger Notary Semces
00019879 FL46216-A/Central West Clermont
4
WITNESSES: LESSEE:
SBA 2012 TC ASSETS C, a D: aware
limited liability com. - y
Print e Javetta Mix.n
By AIM
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 2442 day of
(ap_e- , 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
W242d44
Notary Public
Print Name Wendy Carrick
My Commission Expires
(NOTARY SEAL)
INEm6Y CARRICK ',$),
is r v. My CONI M1tSSIO FF068697
1?�• ;.r EXP!R.5 Nowribei 30,2017
qo tu.a Tth u N.itar y Par limemdars
o0019879FL46216-A/Central West Clermont
5
8051 Congress Avenue
Boca Raton, FL 33487-1307
SB 0 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 - -
110
IV /119(1 &O-L".._____
Nao „. Brown
Site Administration Specialist II
Receipt of Payment Acknowledged by
ea,C► 11 1d ��S
Lessor half of the City of Clermont Date
Enclosures