Loading...
MEMORANDUM OF FIRST AMENDMENT TO LAND LEASE AGREEMENT e e PREPARED OUT OF STATE BY: Laura B. Medina Attorneys at Law Singleton Cooksey LLP 6363 Woodway, Suite 610 Houston, Texas 77057 AFTER RECORDING RETURN TO: Cross Reference: OR Book 9074, Page 842 Pinellas County, FL MEMORANDUM OF FIRST AMENDMENT TO LAND LEASE AGREEMENT THIS MEMORANDUM OF FIRST AMENDMENT TO LAND LEASE AGREEMENT ("Memorandum") is made and entered into this tRta day of ~ ' 2007 by and between 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 34618-4748 and Crown Castle GT Company LLC, a Delaware limited liability company ("Tenant") with its principal place of business located at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317-8564. WIT N E SSE T H: 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 (collectively, the "Leased Premises"). The Leased Premises is more particularly described in Exhibit A attached thereto and a part thereof. 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 Records Book 11410, Page 2238 in the Public Records of Pinellas County, Florida; WHEREAS, the parties entered into that certain First Amendment to Land Lease Agreement dated as of the day hereof (the "Amendment"), in order to grant the Tenant additional 1 Site Name: Countryside BU# 814424 e . options to extend the terms of the Lease, all upon the terms and conditions more fully set forth therein. NOW THEREFORE, for the mutual covenants and premises herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the undersigned parties, intending to be bound, agreed in the Amendment 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. Extension Term. Paragraph 7 of the Lease was modified in the Amendment in order to provide that Tenant shall have the additional options to extend the terms of the Lease for two (2) additional five (5) year terms [commencing on August 1,2015, and continuing until July 31, 2025], upon the terms and conditions set forth in the Lease. 3. Rent. The rent and other obligations of Landlord and Tenant are set forth in the Lease, as Paragraph 4 of the Lease was modified in Paragraph 4 of the Amendment and as Paragraph 13 of the Lease was modified in Paragraph 5 of the Amendment, to which reference is made for further particulars. 4. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Amendment and/or the Lease, as applicable. 5. No Other Amendments. Except as expressly modified by the Amendment, the Lease remains unchanged and in full force and effect. [Signature Pages to Follow] 2 Site Name: Countryside BU# 814424 e , . IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum of First Amendment to Land Lease Agreement as of the date and year first above written. WITNESS: TENANT: -II~d AJ J4./P-<~ Witness Signature (/ ArL ,,9. ~~lP.-?"rr Witness Printed Name R. Chris Director of Land Acquisition Operations It ss Signature /1 ~/t/~ A. L'7//btd Witness Printed Name THESTATEOF ~x..A;~ COUNTY OF ~ ~ ~ s s s On this 1lQ. day of ~,.J.r, 2007, before me personally appeared ~ . L I Uoc ~' ~ ~ "e of Crown Castle GT Company LLC, a Delaware limited liabl Ity company that executed the foregomg mstrument, 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. i~~.:!~2~~:~,:-:' r:) '~;'~:,: 1; I.' 1'''1 ''''', 'C,' ~ i~'1 ...,Ii I', -', ,. ,- . ,- . -' V. I, ' h:~I; H'::; :"'. ,J} ~ ~>:\:~ ~. '~~,-;;~:....., "';':'~~~U':" - _.,~;.tII'[J"~:JI(~""l.;."'~~':~o. My Commission expires: 3 Site Name: Countryside BU# 814424 e e ~ LANDLORD: CITY OF CLEARWATER, FLORIDA Countersi ed: By: ~ V. Hibbard, Mayor William B. Home, II, City Manager AP~=fO~ Laura Lipowski, Assistant City Attorney STATE OF FLORIDA ) is personally known to me. ~ ~ In.~~ Notary Public - State of Florida ::D1'd' N~ ~. 11"" II ,. Print/Type Name My commission expires: ~~y,.~ ~~~ "~()fv.'()$ (407) 396-0153 DIANE E MANNI MY COMMISSION # 00526033 EXPIRES: Mar.6.2010 Acrid. NolBry SeMce.com STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this ~ day of ~Q..(V\I~ ,2007 by WILLIAM B. HORNE, II, City Manager of the City of Clearwater, :JhO ipersonally known to me. . n \.-...l "' ~ ~ My commission expires: ~............ Notary Public - State of Florida ~~~1~ Print/Type Name i} SANDRA HARRIGER MY COMMISSION /I 00733691 EXPIRES: J8IIII8I'Y 04. 2012 I MY fl. NoIIIy DiIllDuOI- Co. 4 Site Name: Countryside BU# 814424