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2007-38 Site Name: Central West Clermont Site ID #: FL2090E AMENDMENT NO. 1 TO SITE AGREEMENT This Amendment No. 1 ("Amendment"~ effective as of the date last signed below ("Effective Date"), amends a certain Site Agreement by and between Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications ("Tenant") and the City of Clermont, a Florida municipal corporation, ("Owner"), dated September 26, 2000 (the "Agreement"). BACKGROUND Tenant desires to expand the Site by approximately 84 square feet of space in order to locate a power generator in the Site. In consideration for the permitted modifications, the Rent will be increased pursuant to the terms and conditions set forth below. AGREEMENT In consideration of the mutual promises between the parties and for good and other valuable consideration, the receipt and sufficiency of which is acknowledged,Owner and Tenant agree as follows: 1. Premises and Use. Section 1 of the Agreement is deleted in its entirety and replaced by the followhg: Lessor is the owner of a parcel of land (the "Land") located in the City of Clermont, Lake County, State of Florida commonly known as 400 12~' Street. The Land is more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and Lessee leases from Lessor, approximately Seven Hundred Forty Four (744) square feet of the Land and all access and utility easements, if any, (the "Premises"), as described in Exhibit B attached hereto. 2. Exhibit B-l. Exhibit B of the Agreement is deleted and replaced with Exhibit B-1, a copy of which is attached and made a part hereof. Upon full execution of this Amendment, and pursuant to Section 7 of the Agreement, Tenant is permitted to do all work necessary to prepare, maintain and alter the Site to install, modify or otherwise relocate the power generator or other Facilities at the Site. 3. Modification to Rent. In consideration for the permitted modifications to the Site effective on the Effective Date, the monthly Rent shall be increased by $200.00 to a total monthly rent of $2,880.19. 4. All notices must be in writing and are effective only when deposited in the U.S. mail, return receipt requested and postage prepaid or when sent via overnight delivery service. Notices to Tenant are to be sent to: Sprint/Nextel Property Services, Mailstop KSOPHTO101-22650, 6391 Sprint Parkway, Overland Park, Kansas 66251-2650, with a mandatory copy to: Sprint Nextel Law Department, Mailstop KSOPHTO101-22020, 6391 Sprint Parkway, Overland Park, Kansas 66251-22020, Attn: Real Estate Attorney. General Terms and Conditions. (a) All capitalized terms used in this Amendment, unless otherwise defined herein, will have the same meaning as the terms contained in 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 of this Amendment will control. Except as set forth herein, all provisions of the Agreement are ratified and remain unchanged and in full force and effect. (c) This Amendment may be executed in duplicate counterparts, each of whichwill be deemed an original. (d) Each of the parties represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Amendment. ***SIGNATURES ON FOLLOWING PAGE*** ' Site Na.,-~e: Central West Clermont Site ID #: FL2090E The parties have executed this Amendment as of the Effective Date. Owner: Tenant: CITY OF CLERMONT, a Florida municipal NEXTEL SOUTH CORP., a Georgia corporation corporation 13y: Name: Harold S. Turville, Jr. Title: Mayor Date: ~ ~l.G~~ ~f p QK-~ I~cru~s fs'. ~~u'`~~, ~~~~~ ~~ By: Name: David Wong Title: Area Manager, Site DDevelopment Date: ~~/ W 1'1'-1 E55 ~ '. ". Sits Na-me: Central West Clermont EXHIBIT B-1 TO SITE AGREEMENT Site Plan The Site is described and/or depicted as follows: Insert Site Plan: 60'x60' Prime Leese Parcel ` NOT TO SCALE Site ID #: FL2090E 12TH STREET illy EasemerA HgNNEOLA AVENUE Note: Owner and Tenant may, at Tenant's option, replace this Exhibit with an exhibit setting forth the legal description of the Site, or an as-built drawing depicting the Site. Any visual or textual representation of the Facilities is illustrative only, and does not limit the rights of Tenant as provided for in the Agreement. Without limiting the generality of the foregoing: 1. The Site may be setback from the boundaries of Owner's Property as required by the applicable governmental authorities. 2. The access road's width may be modified as required by the governmental authorities, including police and fire departments. 3. Without limiting Tenant's right to make future changes, Tenant intends to initially install up to 12 antennas, IS coaxial cables and 3 GPS signal units and connections (the type, number, mounting positions and locations of which are illustrative only; actual types, numbers, mounting positions and locations may vary from what is shown above). 4. The locations of any access and utility easements are illustrative only. The actual locations may be determined by Tenant and/or the servicing utility company in compliance with all local laws and regulations. Owner's Initials: Tenant's Initials: ~. ,, RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Sprint Nextel Property Services Mailstop: KSOPHTO101-22650 6391 Sprint Parkway Overland Park, KS 66251-2650 PREPARED BY: Lesley Woodstock, United Commercial Real Estate Services, Inc. 1325 S. International Parkway, Suite 2211 Lake Mary, FL 32746 Corrected Memorandum of Agreement This Corrected Memorandum of Agreement ("Memorandum") dated LGttt7/.LST oZ $~ 2007, evidences that a Site Agreement (the "Agreement") dated September 26, 2000 (the "Effective Da a ,was made and entered into between the City of Clermont, a Florida municipal corporation ("Owner") and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications ("Nextel" or "Tenant"). WHEREAS, Owner and Nextel hereby correct the Memorandum of Agreement dated September 26, 2000, and recorded in Official Record Book 01999, Pages 0201-0204 in the Lake County Recorder of Deeds as follows: The Agreement provides in part that Nextel has the right to enter upon certain real property owned by Owner and located at 400 12~' Street, City of Clermont, County of Lake, State of Florida, as further described in the Agreement (the "Site") for the purpose of performing investigations and tests and, upon finding the Site appropriate, to lease the Site for the purpose of installing, operating and maintaining a communications facility and other improvements. The Site is further described in Exhibit A attached hereto. The term of Nextel's lease and tenancy under the Agreement is five (5) years commencing on January 6, 2001 ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with three (3) successive five (5) year options to renew. The parties have executed this Memorandum as of the day and year first above written. OWNER The City of Cle nt, a Fl ida municipal corporation t3y: Name: Harold S. Turville, Jr. Title: Mayor Address: 685 West Montrose Street Clermont, Florida 34711 NEXTEL Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications By: /U ?lYJ~ Name: David Wong Title: Area Manager Site Development Address: 851 Trafalgar Court, Suite 300E Maitland, Florida 32751 Contact Phone Number: ~ 5 v~ ' ~ y~ - 7 3 5 8' Email Address: Attach Exhibit A -Site Description Site Name: Central West Clermont OWNER NOTARY BLOCK: STATE OF COUNTY OF e foregoing inst ment was (choose one) ^attested or ~cnowledged before me this day of 20Q!~, by (c oose one) ^ as an i ividual, ,as G of ,a corporation, o ehalf of the corporation, or ^ ,partner or agent on behalf of , a partnership. (AFFIX NOTARIAL SEAL) My commission expires: SPRINT/NEXTEL NOTARY BLOCK: STATE OF FLORIDA COUNTY OF '~~-~~ Site ID #: FL2090E (OFFICIAL NOTARY SIGNATURE) ~ OTARY PUBL r ~~~'•. .~::~+• JANE WARREN 'i=*; +r MY COMMISSION I<' DD 6Q9133 ~~ ~= EXPIRES: October 26, ?010 •'~%Rf~t:~`R~, Borwied Thru Notary Publc U~derwtders (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: The o egoing instrument was (choose one) ^attested or acknowledged fore me this ol~•-~~ day of 20~, by (choose one) ^ a individual, David Wong, as Area Manager Site Develo meat, on behalf of r SprintCom Inc., a Kansas corporation or ^ ,partner or agent on behalf of a partnership. (AFFIX NOTARIAL SEAL) (OFFICIAL"NOTARY S. NOTARY PUBLIC STA' usA M. a~~ MY COMMfS310N ~ pp ~~,~ EXpIRE3;Aog~~ gOtO Bonded fiN NWay Public Wn6annrye~ My commission expires: (PRINTED, TYPED OR NAME OF NOTARY) ,~ 7 ~s` Site Name: Central West Clermont EXHIBIT A SITE DESCRIPTION LYING WITHIN A PORTION OF THE DESCRIBED PARENT TRACT: Site ID #: FL2090E Lots 4, S, 6, 11, 12, 13 and t4, Block 142, Johnson`s R,eplat according to the ot~IciaE map of the City of'Clermont, recorded in Plat 13nok 8, Pages 17 to 23 inclusive, Public Records of Lake County, Florida.