FIRST AMENDMENT TO LAND LEASE AGREEMENT
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FIRST AMENDMENT TO
LAND LEASE AGREEMENT
THIS FIRST AMENDMENT TO LAND LEASE AGREEMENT
("Amendment") is made effective this Ifill'd'- day of )On~ ,2001, by and
among the City of Clearwater, Florida, a Florida municipal corporation ("Landlord")
having a mailing address of City Manager, City of Clearwater, P. O. Box 4748,
Clearwater, Florida 33758-4748, and Crown Castle GT Company, LLC, a Delaware
limited liability company ("Tenant") with its principal place of business located at 2000
Corporate Drive, Canons burg, Pennsylvania 15317-8564.
WHEREAS, Landlord and GTE Mobilnet of Tampa Incorporated entered into a
Land Lease Agreement ("Lease") dated July 26, 1995, a memorandum of which is
recorded in Official Records Book 9074, Page 842, of the Public Records of Pinellas
County, Florida, whereby Landlord conveyed a lease to GTE for property located on
McMullen-Booth Road, Clearwater, Pinellas County, Florida and containing
approximately 5,525 square feet, together with a right-of-way or access thereto (said
leased parcel and right-of-way hereinafter called "Leased Premises"); and,
WHEREAS, the Lease was assigned to Tenant, pursuant to that certain
Assignment and Assumption Agreement dated as of January 31, 2000 by and between
GTE Wireless of the South, Incorporated, successor in interest by merger to GTE
Mobilnet of Tampa, Incorporated, and Tenant, and recorded in Official Record Book
11410, Page 2238 of the Public Records of Pin ell as County, Florida; and,
WHEREAS, the Lease had an initial term of five years commencing August 1,
1995 and terminating July 31, 2000 ("Primary Term" and the option to extend for three
additional terms of five years each that will terminate on July 31, 2015 ("Additional
Terms")) and Landlord and Tenant desire to amend the terms of the Lease to provide for,
among other things, additional extended terms beyond the Primary Term and Additional
Terms;
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are acknowledged, Landlord and Tenant agree as follows:
1. Status of Parties. All parties acknowledge that, to the best of its knowledge
the other parties have complied in all material respects with the obligations under the
Lease occurring on or prior to the date hereof and that, to the best of its knowledge, the
other parties are not in default under the terms of the Lease.
2. Defined Terms. Any capitalized terms not defined herein shall have the
meanings ascribed to them in the Lease.
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3. Paragraph 7 Amendment. Paragraph 7 of the Lease is hereby amended
by deleting the first sentence and inserting the following:
"Extension: Tenant shall have the option to extend the Lease by a series of five
(5) additional periods of five (5) years each (the "Additional Terms"), so long as
it has abided by the terms and conditions of the Lease and is not in default
hereunder. The Primary Term and any Additional Term shall be collectively
referred to herein as the "Lease Terms"
The parties acknowledge that pursuant to this Amendment the Lease Terms,
should Tenant elect to exercise all options, shall span a total of thirty (30) years.
4. Rent Adjustment. Not withstanding anything contained in Paragraph 4 of
the Lease, effective the first day of the succeeding month following execution hereof by
Landlord, and in no event later than January I, 2008, Tenant will pay Landlord at the
address designated in subsection (b) hereof, as rental for the Leased Premises the
following:
(a) the sum of Twenty Two Hundred and 001100 Dollars ($2,200.00) per
month to be paid in equal monthly installments commencing as stipulated above
through July 31, 2008, then commencing on August 1, 2008 through July 31,
2009, an amount equal to Twenty Six Thousand Four Hundred and 001100
Dollars ($26,400.00) per annum ("Annual Rent") to be adjusted as of August 1,
2009 in accordance with provisions of Paragraph 4 of the Lease, and further
adjusted upon each succeeding anniversary thereafter until expiration of the
Lease.
(b) All scheduled monthly rental installments shall be timely delivered to
Landlord and addressed as follows:
Cash & Investments Manager
City of Clearwater
Finance Department
P. O. Box 4748
Clearwater, FI. 33758 - 4748
5. Paragraph 13 Amendment. Paragraph 13 of the Lease is hereby amended
by inserting the following:
"Pursuant to provisions of Section 2.01(d)(5)(viii) of the Clearwater City Charter
requiring that all leases of municipal real property shall contain recapture and
reverter clauses, this Lease may be terminated by Landlord in the event its
Council determines at a duly constituted City Council meeting that the Leased
Premises are needed for other municipal purposes and serves Tenant one (1) year
Notice of such intended use. In the event the City exercises its right to terminate
this lease pursuant to the recapture provision, the City agrees that it shall not
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permit the Leased Premises to be leased to or otherwise used by any other
telecommunications tower operator for a period of three (3) years thereafter. Not
later than 90 days following final termination Tenant agrees to remove all site
improvements, and restore the Leased Premises as near as possible to condition of
adjacent lands; in which event Landlord shall compensate Tenant by reimbursing
to Tenant the total sum of all monthly rental revenue received from Tenant during
the two (2) year period immediately preceding final Lease termination.
Alternatively, should Landlord and Tenant mutually agree prior to final Lease
termination that Landlord would be willing to retain and accept ownership of all
improvements upon and within the Leased Premises without payment of any
further consideration to Tenant, excluding and excepting personal property of
third parties which shall be governed by any agreements between Tenant and such
third parties, Tenant shall terminate all such third party interests in and to the
improvements and transfer ownership of all Tenant-owned improvements to
Landlord by Warranty Bill of Sale at time of final Lease termination without
further consideration or reimbursement of any rental revenue previously paid to
Landlord by Tenant; whereupon all parties shall thereafter be relieved of any
further obligations hereunder, or under the Lease. In the event the Landlord
should ever sell the property which the Leased Premises are a part, the recapture
provisions shall become null and void in all respects upon transfer of title"
6. Remainder of Lease Unaffected. In all other respects, the remainder of the
Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent
with this Amendment is hereby amended to be-eonsistent. .....
7. Headings. The headings contained in this Amendment are for reference
purposes only and shall not modify or affect this Amendmentin any manner whatsoever.
8. Counterparts. This Amendment may be executed in counterparts, all of
which together shall constitute one agreement binding on all the parties hereto,
notwithstanding that all such parties are not signatories to the original or same
counterpart.
[Signature Pages to Follow]
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IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to
be duly executed on the day and year first written above.
WITNESS:
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Witness Signature
(!.I9TL A. ~I</l:rrr
Witness Printed Name
W-
i ess Signature
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TENANT:
CROWN CASTLE GT COMPANY, LLC,
a Delaware limited . b' 'ty company
THE STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
On this } (Q day of N 0 Ve k- , 200(, before me personally
appeared:J;? . c.. I ~ 0 0 ~~ ' as -:t>~, 7~ d-c v-
Of Crown Castle GT Company, I:; , a Delaware hmlted hablhty company, that
executed the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said company for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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Site Name: Countryside
BU# 814424
My Commission expires:
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LANDLORD:
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation
Countersigned: _ / )' d --./ .
~ y ~ By: tf)~~~#~-:rx.
NaRJ('V. Hibbard, Mayor William B. Horne, II, City Manager
Attest:
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STATE OF FLORIDA
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COUNTY OF PINELLAS
My Commission Expires:
~'~ DIANE E MANNI
:~.. MY COMMISSION # DD526033
"~or'f\.fIl~ EXPIRES; Mar. 6, 2010
(407) 398-0153 Roods Notary Servk:e.com
STATE OF FLORIDA
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Notary Public - State of Florida v .......
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Print/Type Name
My Commission Expires:
G) SANDRA HARRIGER
MY COMMISSION /I 0073369\
EXPIRES: J8IIIWY 04, 20\2
1_J.NOTAltY f1.)l~DI.-oI-.Co.
Site Name: Countryside
BU# 814424