MEMORANDUM OF SECOND AMENDMENT TO LAND LEASE AGREEMENTPrepared out of State by:
Parker Poe Adams & Bernstein LLP
PO Box 389
Raleigh, NC 27602
Return to:
Crown Castle
1220 Augusta, Suite 500
Houston, Texas 77057
Cross Index with Book 9074, Page 842
Book 16193, Page 399
Tax Parcel: 21- 28 -16- 00000- 310 -0000
MEMORANDUM OF SECOND AMENDMENT TO LAND LEASE AGREEMENT
THIS MEMORANDUM OF SECOND AMENDMENT TO LAND LEASE
AGREEMENT ( "Amended Memorandum ") is made effective this oZ " day of
, 2017, by and between CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation ( "Landlord "), with a mailing address of P.O. Box 4748, Clearwater,
Florida 33758, and CROWN CASTLE GT COMPANY LLC, a Delaware limited liability
company ( "Tenant "), with a mailing address of c/o Crown Castle USA Inc., 2000 Corporate
Drive, Canonsburg, Pennsylvania 15317 -8564.
WHEREAS, Landlord and GTE Mobilnet of Tampa Incorporated, a Delaware
corporation ( "GTE Mobilnet "), entered into a Land Lease Agreement dated July 26, 1995 (as
amended and assigned, the "Lease "), whereby Landlord leased to GTE Mobilnet a portion of
land being described as a 5,525 square feet portion of that property (said leased portion being the
"Leased Premises ") located at 3200 State Road 580 (Tax Parcel # 21- 28- 16- 00000 -310- 0000),
Safety Harbor, Pinellas County, State of Florida, and being further described in Book 3577, Page
732 in the Clerk of Court for the Circuit Court of Pinellas County ( "Clerk's Office "), together
with those certain access, utility and/or maintenance easements and /or rights of way granted in
the Lease. Notice of the Lease is provided by, and the Leased Premises is described in that
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certain Memorandum of Lease recorded on August 10, 1995, in Book 9074, Page 842 in the
Clerk's Office; and
WHEREAS, Tenant is successor in interest in the Lease to GTE Mobilnet; and
WHEREAS, Landlord and Tenant entered into that First Amendment to Land Lease
Agreement dated December 28, 2007 ( "First Amendment "), a memorandum of which is recorded
in Book 16193, Page 399 in the Clerk's Office; and
WHEREAS, the term of the Lease commenced on August 1, 1995, and has an original
term, including all Additional Terms (as defined in the Lease), that will expire on July 31, 2025
( "Original Term "), and Landlord and Tenant now desire to amend the terms of the Lease to
provide for Additional Terms beyond the Original Term, and to make other changes; and
WHEREAS, Landlord and Tenant made and entered into a Second Amendment to Land
Lease Agreement 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 Lease, and provide this Amended Memorandum as notice thereof, as
follows:
1. Landlord does hereby lease and grant unto Tenant, its successors and assigns, the
Leased Premises for three (3) additional five (5) -year Additional Terms beyond the Original
Term, such that the Original Term and all Additional Terms of the Lease may last for a term of
forty -five (45) years, expiring on July 31, 2040, unless sooner terminated as provided in the
Lease.
2. The description of the Leased Premises is as provided in that Memorandum of
First Amendment to Land Lease Agreement recorded in the Clerk's Office in Book 16193, Page
399, a copy of which is attached hereto as Exhibit A.
3. This Amended Memorandum contains only selected provisions of the Second
Amendment, and reference is made to the full text of the Lease 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 Lease remain in full force and effect. This Amended Memorandum may be
executed in two or more counterparts, each of which shall be deemed an original and all of which
shall constitute one and the same instrument, it being understood that all parties need not sign the
same counterparts. A copy of the Lease and its amendments are located at the office of the
Tenant.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, Landlord 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.
— 1Wfi 4c. t Nct twos
Assistant City Attorney
STATE OF
COUNTY OF
) SS:
LANDLORD:
City of Clearwater, Florida,
a Florida municipal corporation
w j '1)44446-7
William B. Horne, II
Manager
Attest:
ultriicabt,
Rosemarie Call
City Clerk
The foregoing Memorandum of Second Amendment to Land Lease Agree ent was
�sea d, delivered, and acknowledged before me this ca/o1 day of
, 2017, by George N. Cretekos, Mayor of the City of Clearwater, Florida,
a Florida municipal corporation, for and on behalf of the municipality, who is personally known
to me.
(Seal)
My Commission Expires: / #4/7
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Notary Public
Print Name:
-;7
Notary Pudic State of Florida
Patricia A KuNgowgki
t Ay My Commission FF 044288
a OF Expires 10/20/2017
• •
IN WITNESS WHEREOF, Landlord 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.
Signed , aled and • elivered
in t - t esence of:�
Pr ML
iin
•
Print Name:
STATE OF fiaas )
�.1-,i r� C ) SS:
COUNTY OF � 1tM )
TENANT:
Crown Castle GT Company LLC,
a Delaware limited liability company
By
Print Name: Lisa A_ Sedgwick
Title RET Manager
The foregoing Memorandum of Second Amendment to Land Lease Agreement was
signed, sealed, delivered, and acknowledged before e this 2-1 day of
Jaii , 201f by Lisa Sedgwick as
R.T. Mgr. of the Crown Castle GT Company LLC, a Delaware limited
liablity company, for and on behalf of the company, who [ ] is personally known to me or who [
] produced a as identification.
M1
(P,pY PVe�i� ALI ALMANZA
r°, 4o i Notary Public, State of Texas
%VA/441 Comm. Expires 12 -04 -2019
',Of`,, , Notary ID 130458743
My Commission Expires: tZ
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Print Name: - it )61nRGii. O
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EXHIBIT A
Description of the Leased Premises
A parcel of land lying in the Southeast 1/4 of Section 21, Township 28 South, Range 16
East, Pinellas County, Florida, being more particularly described as follows:
Commence at the Northwest comer of the Southeast 114 of Section 21, Township 28
South, Range 16 East, Pinellas County, Florida; thence on the West boundary thereof.
South 00° 09' 52" East, a distance of 866.66 feet; thence departing said West boundary,
North 70° 24' 12" East, a distance of 7895 feet; them South 64° 19' 44" East. a distance
of 63.51 feet, to the POINT OF BEGINNING; thence South 89° 19' 44" East, a distance
of 50.00 feet; thence South 00° 40' •16" West, a distance of 65.00 feet; thence North 89°
19' 44* West, a distance 01'85.00 feet; thence North 00° 40' 16" East, a distance of 65.00
feet; thence South 89° 19' 44* East, a distance of 35.00 feet, to the PAINT OF
BEGINNING;
The above described parcel contains 5525.00 square feet. more or less.
TOGETHER. WITH the following described Access Easement:
A parcel of land lying in the Southeast 1/4 and the Southwest 1/4 of Section 21,
Township 28 South, Range 16 East, Pinellas County, Florida, being more particularly
described as follows;
Commence at the Northwest 1/4 of the Southeast 1/4 of Section 21, Township 28 South,
Range 16 East, Pinellas County, Florida; thence on the West boundary thereof South 006
09' 52." East, a distance of 866.66 feet, to the POINT OF BEGINNING thence departing
said West boundary, North 70° 24' 12" East, a distance of 78.95 feet; thence South 64°
19' 44" East, a distance of 63.51 feet; thence North 89° 19' 44" West, a distance of35.40
feet; thence South 00° 40116* West, a distance of 11.26 feet; thence North 64° 19' 44*
West, a distance of 26.13 feet; thence South 70° 24' 12" West, a distance of 121.79 feet;
thence South 43° 43' 53" West, a distance of 27.46 feet; thence South 01° 16' 07" East, a
distance of369.08 Feet; thence South 01° 09' 54" West, a distance of 168.18 feet; theme
South 000 09' 05" East, a distance of 1129.96 feet to the intersection with the Northerly
right ofway line of State Road No. 580; thence on said right ofway line, South 89° 47'
59" West, a distance of 25.00 feet; thence departing said right of way line, North 00° 09'
05* West, a distance of 1130.27 feet; thence North 01'09' 54" East, a distance of 167.93
feet; thence North 01° 16' 07' West, a distance of 378.90 feet; thence North 43° 43' 53"
East, a distance of 43.74 feel; thence North 70° 24' 12" Easi, a distance of 59.19 feet, to
the POINT OF BEGINNING;
The above - described parcel contains 1.08 acres, more or less.
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