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R2020-37 Third Amendment to Communication Site Lease Agreement with SprintRESOLUTION NO. 2020-37 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) WITH STC FIVE LLC, SUCCESSOR IN INTEREST TO SPRINT SPECTRUM L.P., AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE THIRD AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 63-99, the Village approved and executed a Communications Site Lease Agreement (Ground) ("Lease Agreement") with Sprint Spectrum, L.P. for the erection of a telecommunications tower and the installation of related equipment adjacent to the Village Community Center ("Site"); and WHEREAS, through the adoption of Resolution 2010-26, the Village approved and executed a First Amendment to the Lease Agreement with Global Signal Acquisitions III LLC ("Global"), attorney-in-fact for STC Five, LLC, successor -in -interest to Sprint Spectrum, L.P., to provide for the collocation of an additional antenna on the existing tower and the installation of additional equipment on the existing platform; and WHEREAS, through the adoption of Resolution 2015-35, the Village approved and executed a Second Amendment to the Lease Agreement to extend the term of the Agreement, provide for additional compensation, and provide a right -of -first refusal for any offer to purchase fee title, an easement, a lease, a license or any other interest in the Site; and WHEREAS, the Lessee has requested the execution of a Third Amendment for additional easements in exchange for the payment of $2,500.00; and WHEREAS, the Village Council determines that the execution of the Third Amendment to the Lease Agreement is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the Third Amendment to the Communications Site Lease Agreement (Ground) with STC Five, LLC, successor -in -interest to Sprint Spectrum, L.P., a copy of which is attached hereto and incorporated herein, and authorizes and directs the Mayor and Village Clerk to execute the Third Amendment and related Memorandum of Agreement on behalf of the Village. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Page 1 of 2 Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 14TH DAY OF MAY, 2020. (Village Seal) ATTEST: VILLAGE CLERK 010 01 MAYOR Page 2 of 2 This Instrument Prepared By: John R. "B.J." Ibach, Esq. Burr & Forman LLP Bank of America Tower 50 North Laura Street, Suite 3000 Jacksonville, Florida 32202 Retum To: Crown Castle 1220 Augusta Drive, Suite 500 Houston, Texas 77057 Attention: PEP Department STATE OF FLORIDA COUNTY OF PALM BEACH Cross Reference to: Book 11607, Page 520 Book 27763, Page 511 Palm Beach County, Florida Records MEMORANDUM OF THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT THIS MEMORANDUM OF THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT ("Memorandum") is made and entered into effective as of the last date of execution set forth below, by and between VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, having a mailing address of 501 U.S. Highway 1, North Palm Beach, Florida 33408 ("Lessor"), and STC FIVE LLC, a Delaware limited liability company ("Lessee"), successor in interest to Sprint Spectrum, L.P., a Delaware limited partnership ("Sprint") (having a mailing address of c/o Crown Castle USA Inc., Attention: Legal - Real Estate Department, 2000 Corporate Drive, Canonsburg, Pennsylvania 15317). WITNESSETH: WHEREAS, Lessor and Sprint entered into that certain Communications Site Lease Agreement last dated November 9, 1999 (the "Original Agreement"), covering certain real property, together with an easement for ingress, egress and utilities thereto, being more particularly described in Exhibit "A" attached hereto (the "Premises"), a memorandum of which Agreement was filed for record in Book 11607, Page 520 in the Official Records of Palm Beach County, Florida (the "MOL"); WHEREAS, Lessor and Lessee entered into that First Amendment to Communications Site Lease Agreement dated May 14, 2010 (the "First Amendment"), and that certain Second Amendment to Communications Site Lease Agreement dated April 30, 2015 (the "Second Amendment" and together with the Original Agreement and the First Amendment, the "Agreement"), a memorandum of which was filed for record in Book 27763, Page 511 in the Official Records of Palm Beach County, Florida; 42698893 v1 BUM 878279; N. Palm Beach WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement has an original term (including all extension terms) that will terminate on December 14, 2039 (the "Original Term"); and WHEREAS, effective as of the date of this Memorandum, Lessor and Lessee have entered into a Third Amendment (the "Third Amendment") to the Agreement to add additional easements and desire to acknowledge, confirm and make record of the above -referenced amendment. NOW, THEREFORE, Lessor and Lessee hereby acknowledge and agree that the following accurately represents the Agreement, as amended: MEMORANDUM OF THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT Lessor: Village of North Palm Beach, a Florida municipal corporation, with a mailing address of 501 U.S. Highway 1, North Palm Beach, Florida 33408. Lessee: STC Five LLC, a Delaware limited liability company, having a mailing address of c/o Crown Castle USA Inc., Attention: Legal - Real Estate Department, 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. Premises: The real property leased by Lessor to Lessee, together with easements for ingress, egress and utilities thereto, is described in Exhibit "A," attached to this Memorandum and incorporated herein by this reference. All of the terms, provisions, covenants and agreements contained in the Agreement, as amended by the Amendment, are hereby incorporated herein by reference in the same manner and to the same extent as if all such terms, provisions, covenants and agreements were fully set forth herein. Lessor and Lessee ratify, confirm and adopt the Agreement, as amended by the Amendment, as of the date hereof, and acknowledge that there are no defaults under the Agreement, as amended, or events or circumstances which, with the giving of notice or passage of time or both, would ripen into events of default. Except as otherwise expressly amended herein, all the terms and conditions of the Agreement, as previously amended, shall remain and continue in full force and effect. This Memorandum will be recorded in the applicable land records and is intended to provide notice to third parties of the Agreement and 2 42698893 vl BU#: 878279; N. Palm I3each any and all amendments thereto. The Agreement and any and all amendments thereto contain terms and conditions in addition to those set forth in this Memorandum. This Memorandum is not intended to amend or modify the terms and conditions of the Agreement or of any amendments thereto. To the extent that the terms and conditions of this Memorandum differ from the terms and conditions of the Agreement and/or any amendments thereto, the terms and conditions of the Agreement and/or any amendments thereto shall govern and prevail. Capitalized terms not otherwise defined herein shall have the meaning defined in the Agreement and/or any amendments thereto. [Signatures Appear on the Following Pages] 42698893 vl BU#: 878279; N. Palm Beach IN WITNESS WHEREOF, the parties have executed this Memorandum effective as of the day and year first written above. WITNESSES: Print Name: J( Print ame: ' % f l © P VA V J STATE OF UNTY ) LESSOR: VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation By:94. (SEAL) Name: s,�,��,,,, �C — Its:—_��� The foregoing Agreement and Memorandum of Thi d Amendment to Communications ��Site Lease A deme t w 5 acknoMrg ed before me this Eiay of , 2 by Aj � 2 as : ofVILLAGE O> ORTH PALM BEACH, a Florida municipal corporation on behalf of the municipal corporation. He/She is personally known to me or has produced as identification. Given under my hand this 0 0'�—day of P r; % , 20 Tory ublic Printed Name My Commission Expires: °��` •` My Commission Number.�e-t�( 42698893 v 13U#: 878279; N. Palm Beach pR Jessica J. Green c� o� NOTARY PUBLIC S STATE OF FLORIDA o ? Comm# GG951576 19 Expires 3/7/2024 WITNESSES: Print Name:_ ., ®L, -L2111 PrintName: STATE OF COUNTY OF LESSEE: STC FIVE LLC, a Delaware limited liability company By: Global Signal Acquisitions III LLC, a Delaware limited liability company, its Attorney in Fact By: l% - (SEAL) Name: Its: Of ransaC ion Manager The foregoing instrument was acknowledged before me this At day of , 20 by UW, We of GLOBAL SIGNAL ACQUISITIONS III L C, a Delaware limited liability company, as Attorney in Fact of STC FIVE LLC, a Delaware limited liability company, on behalf of the limited liability company. He/She is personally known to me or has produced as identification. Given under my hand this day of ��IAe��i , 20`. �/kl- I --- - Notary Pu c Printed N me My Commission Expires: '3 t , �z r�� e My Commission Number: 12 %J 0(& 42698893 v1 BU#: 878279; N. Palm Bcach CAROLYN KiivIERY ;MNotary Public, State of Texas slo-' }v Comm, Expires 03-10.2024 Notary Id 132396806 EXHIBIT "A" THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89052'31" WEST ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29" EAST FOR 1535.66 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86°08'00" EAST FOR 20.00 FEET; THENCE SOUTH 03°52'00" WEST FOR 30.00 FEET; THENCE NORTH 86°08'00" WEST FOR 20.00 FEET; THENCE NORTH 03°52'00" EAST FOR 30.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 600 SQUARE FEET (0.013 ACRES), MORE OR LESS Together with: 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT: THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29" EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER PARCEL; THENCE SOUTH 03°52'00" WEST ALONG THE WEST LINE OF SAID TOWER PARCEL FOR 22.65 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 75°52'21" WEST FOR 27.75 FEET TO THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 278 SQUARE FEET (0.006 ACRES), MORE OR LESS. AND: 12 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT: THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE "VILLAGE OF NORTH PALM BEACH" TRACT AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 9941, PAGE 1882 OF SAID PUBLIC RECORDS, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 6 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29" EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER A-1 42698893 v1 13U#: 878279; N. Palm Beach PARCEL; THENCE SOUTH 86°08'00" EAST ALONG THE NORTH LINE OF SAID TOWER PARCEL FOR 6.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 12 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT; THENCE NORTH 03°52'00" EAST FOR 6.00 FEET; THENCE SOUTH 86°08'00" EAST ALONG A LINE PARALLEL WITH SAID NORTH LINE OF SAID TOWER PARCEL FOR 54.86 FEET; THENCE SOUTH 25°12'15" WEST FOR 62.54 FEET; THENCE SOUTH 09°27'39" WEST FOR 80.13 FEET; THENCE SOUTH 08°32'30" EAST FOR 94.70 FEET; THENCE SOUTH 19°26'38" WEST FOR 26.83 FEET; THENCE SOUTH 63°40'26" WEST FOR 60.08 FEET; THENCE SOUTH 24°57'54" WEST FOR 36.60 FEET; THENCE SOUTH 05027'45" EAST FOR 48.86 FEET; THENCE SOUTH 37°38'47" WEST FOR 17.98 FEET; THENCE NORTH 89024'23" WEST FOR 543.77 FEET; THENCE SOUTH 00035'37" WEST FOR 36.85 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, AND THE NORTHERLY LINE OF THAT PART OF TRACT "S" DESIGNATED AS AN ACCESS EASEMENT DEDICATED TO THE PUBLIC, AS PER THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT BOOK 86, PAGE 111 OF SAID PUBLIC RECORDS, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 12,831 SQUARE FEET (0.29 ACRES), MORE OR LESS. AND: 12 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT: THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 6 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29" EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER PARCEL; THENCE SOUTH 03°52'00" WEST ALONG THE WEST LINE OF SAID TOWER PARCEL FOR 11.38 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 12 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 89°57'57" WEST FOR 11.69 FEET; THENCE NORTH 00°02'30" WEST FOR 184.37 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 6 FEET SOUTH OF THE NORTH LINE OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE NORTH 89°58'27" WEST ALONG SAID PARALLEL LINE FOR 713.01 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD (A PUBLIC RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 10,909 SQUARE FEET (0.25 ACRES), MORE OR LESS. As generally shown, together with the premises and access and utility easements thereto, on the following pages. A-2 42698993 v1 I3U#: 878279; N. Palm Beach vu[uc wart a= r�r we " °p'�''"• p r�uo war -m -ver [w[ nu ee• ' Or OM op g� I � �p�p9w blgg� � I �Rp 1 - I Ah 4111 �9 t j Nil Xs 91 lip;"'y}g: ° \u"�> L I J `- - - - — - _- -- ig-oll 1 ZIN �s �a --------------- Z� p�9R� aa �� 3..y : f F Y�'n gy •. Qin y�°n A" Rd, g m 61111 �0 �� ®�� H C: }pJy� :10 r �� in��oq g��� �� ��a Iva s� � � 9 ff8ij S� ��g9�9y� 5� 4��d� �� 9� I. I I �� 0,���sy W.Y3 ��� TSd yOs.7 6 � b �Q g 72 e n p 8 � 101 -Pq— M � g mHq 19 NSS����Y � ��p 116 Hca a G ti�$� 3g q�= --- as Z C 2� A-3 42698893 v1 BUM 878279; N. 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Palm Beach z -U am imp U STATE OF FLORIDA COUNTY OF PALM BEACH THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT THIS THIRD AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (the "Amendment") is made and entered into effective as of the last date of execution set forth below, by and between VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, having a mailing address of 501 U.S. Highway 1, North Palm Beach, Florida 33408 ("Lessor"), and STC FIVE LLC, a Delaware limited liability company ("Lessee"), successor in interest to Sprint Spectrum, L.P., a Delaware limited partnership ("Sprint") (having a mailing address of c/o Crown Castle USA Inc., Attention: Legal - Real Estate Department, 2000 Corporate Drive, Canonsburg, Pennsylvania 15317). WITNESSETH: WHEREAS, Lessor and Sprint entered into that certain Communications Site Lease Agreement last dated November 9, 1999 (the "Original Agreement"), covering certain real property, together with an easement for ingress, egress and utilities thereto, being more particularly described in Exhibit "A" attached hereto (the "Premises"), a memorandum of which Agreement was filed for record in Book 11607, Page 520 in the Official Records of Palm Beach County, Florida (the "MOL"); WHEREAS, Lessor and Lessee entered into that First Amendment to Communications Site Lease Agreement dated May 14, 2010 (the "First Amendment"), and that certain Second Amendment to Communications Site Lease Agreement dated April 30, 2015 (the "Second Amendment" and together with the Original Agreement and the First Amendment, the "Agreement'), a memorandum of which was filed for record in Book 27763, Page 511 in the Official Records of Palm Beach County, Florida; WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement has an original term (including all extension terms) that will terminate on December 14, 2039 (the "Original Term") and the parties desire to amend the Agreement to provide for additional easements and as otherwise set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. AMENDMENTS. The Agreement is hereby amended as follows: 42698514 v2 BU#: 878279; N. Palm Beach (a) Additional Easements. From and after the date hereof, the term "Premises" shall include (i) an easement for ingress, egress and utilities over, under and across that certain real property described on Exhibit "B" attached hereto (the "Access and Utility Easement") and (ii) and an easement for the underground installation of utilities under and across that certain real property described and shown on Exhibit "C" attached hereto (the "Underground Utility Easement"). Each of the Premises and the Access and Utility Easement and the Underground Utility Easement are shown on Exhibit "C" attached hereto. The parties acknowledge and agree that the real property subject to the Agreement is as described on the Exhibits attached hereto. (b) Consideration. As consideration for the execution of this Amendment, Lessee shall pay to Lessor the sum of Two Thousand Five Hundred and No/100 ($2,500.00) Dollars within sixty (60) days following the final execution of this Amendment by Lessee. 2. MISCELLANEOUS. (a) Full Force and Effect. All of the terms, provisions, covenants and agreements contained in the Agreement are hereby incorporated herein by reference in the same manner and to the same extent as if all such terms, provisions, covenants and agreements were fully set forth herein. Lessor and Lessee ratify, confirm and adopt the Agreement as of the date hereof and acknowledge that there are no defaults under the Agreement or events or circumstances which, with the giving of notice or passage of time or both, would ripen into events of default. Except as otherwise expressly amended herein, all the terms and conditions of the Agreement shall remain and continue in full force and effect. In case of any inconsistency between the Agreement or the MOL and this Amendment, the terms and conditions of this Amendment shall govern and control. (b) Binding Effect. This Amendment shall be binding upon the heirs, legal representatives, successors and assigns of the parties. The parties shall execute and deliver such further and additional instruments, agreements and other documents as may be necessary to evidence or carry out the provisions of this Amendment. (c) IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W- 9, or its equivalent, upon execution of this Amendment and at such other times as may be reasonably requested by Lessee. In the event the Premises is transferred, the succeeding Lessor shall have a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in rent to the new Lessor. Lessor's failure to provide the IRS Form W-9 within thirty (30) days after Lessee's request shall be considered a default and Lessee may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. (d) Representations and Warranties. Lessor represents and warrants that: (i) Lessor is duly authorized to and has the full power and authority to enter into this Amendment and to perform all of Lessor's obligations under the Agreement as amended hereby. 42698514 v2 BU#: 878279; N. Palm Beach (ii) Lessee is not currently in default under the Agreement, and to Lessor's knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Lessee under the Agreement. (iii) Lessor agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Agreement as amended hereby, and ensure Lessee's continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Agreement as amended.hereby. (e) Entire Agreement. Except to the extent modified herein, all other provisions of the Agreement remain in full force and effect. In the event of an express conflict between this Third Amendment and the Agreement, as amended, the terms of this Third Amendment shall control. (f) Counterparts. This Amendment may be executed in two (2) or more counterparts and by facsimile, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. [Signatures appear on the following pages.] 42698514 v2 3 BU#: 878279; N. Palm Beach IN WITNESS WHEREOF, the parties have executed this Third Amendment to Communications Site Lease Agreement effective as of the day and year first written above. WITNESSES: �)�JzvC- kg - Print Name: t PrP—b BR LEJ2 0— Print ame: r i nR a"is STATE OF FL `-� Pk6-ckCOUNTY LESSOR: VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation By: (SEAL) Name: .�fl ,C/� Its: 4Z4 e r' The foregoing Third A endment o Communications Sit ,Lease A r en w ackn dged before me this j ay of , 2020by as of VILLAGE OF N 'AT PALM BEACH, a Florida municipal corporation, n behalf of the municipal corporation. He/She is personally known to me or has produced as identification. Given under my hand this ja `day of fil lam" , 202-0 o?tr 2blic Printed Name My Commission Expires: '2-0z My Commission Number 42698514 v2 BU#: 878279; N. Palm Beach Jessica J. Green g, NOTARY PUBLIC ', � STATE OF FLORIDA �'`� 2 Comm# GG951576 ',% 1 e Expires 31712024 WITNESSES: - Print Name: WO Lk, & Q&v- dr, STATE OF<YCL.S COUNTY OF - 6t ' 3 LESSEE: STC FIVE LLC, a Delaware limited liability company By: Global Signal Acquisitions III LLC, a Delaware limited liability company, its Attorney in Fact By: (SEAL) Name: Its: ) PC, 7- Sr REA I ra riscac, ion Manager The foregoing Third Amendment to Communications Site Lease Agreement was acknowledged before me this q— day of , 20U by L N Ld too 7 - of of GLOBAL SIGNAL ACQUISITIONS III LL , a Delaware limited liability company, as Attorney in Fact of STC FIVE LLC, a Delaware limited liability company, on behalf of the limited liability company. He/She is personally known to me or has produced as identification. Given under my hand this day of VAA 14 201b• Notary P is aryl L' Printed Nanq My Commission Expires: IN ZD'L My Commission Number: 42698514 v2 BU#: 878279; N. Palm Beach CAROLYN KIMERY Notary Public, State of Texas Comm. Expires 03-10-2024 • • Notary ID 132396806 EXHIBIT "A" THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29" EAST FOR 1535.66 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86°08'00" EAST FOR 20.00 FEET; THENCE SOUTH 03°52'00" WEST FOR 30.00 FEET; THENCE NORTH 86°08'00" WEST FOR 20.00 FEET; THENCE NORTH 03°52'00" EAST FOR 30.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 600 SQUARE FEET (0.013 ACRES), MORE OR LESS. Together with: 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT: THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29" EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER PARCEL; THENCE SOUTH 03°52'00" WEST ALONG THE WEST LINE OF SAID TOWER PARCEL FOR 22.65 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 75°52'21" WEST FOR 27.75 FEET TO THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 278 SQUARE FEET (0.006 ACRES), MORE OR LESS A -I 42698514 v2 13U#: 878279; N. Palm Beach EXHIBIT "B" 12 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT: THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE "VILLAGE OF NORTH PALM BEACH" TRACT AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 9941, PAGE 1882 OF SAID PUBLIC RECORDS, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 6 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29" EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER PARCEL; THENCE SOUTH 86°08'00" EAST ALONG THE NORTH LINE OF SAID TOWER PARCEL FOR 6.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 12 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT; THENCE NORTH 03°52'00" EAST FOR 6.00 FEET; THENCE SOUTH 86°08'00" EAST ALONG A LINE PARALLEL WITH SAID NORTH LINE OF SAID TOWER PARCEL FOR 54.86 FEET; THENCE SOUTH 25°12'15" WEST FOR 62.54 FEET; THENCE SOUTH 09'27'39" WEST FOR 80.13 FEET; THENCE SOUTH 08'32'30" EAST FOR 94.70 FEET; THENCE SOUTH 19°26'38" WEST FOR 26.83 FEET; THENCE SOUTH 63°40'26" WEST FOR 60.08 FEET; THENCE SOUTH 24°57'54" WEST FOR 36.60 FEET; THENCE SOUTH 05°27'45" EAST FOR 48.86 FEET; THENCE SOUTH 37°38'47" WEST FOR 17.98 FEET; THENCE NORTH 89°24'23" WEST FOR 543.77 FEET; THENCE SOUTH 00°35'37" WEST FOR 36.85 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY, AND THE NORTHERLY LINE OF THAT PART OF TRACT "S" DESIGNATED AS AN ACCESS EASEMENT DEDICATED TO THE PUBLIC, AS PER THE PLAT OF HARBOUR ISLES, RECORDED IN PLAT BOOK 86, PAGE 111 OF SAID PUBLIC RECORDS, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 12,831 SQUARE FEET (0.29 ACRES), MORE OR LESS B-1 42698514 v2 13U#: 878279: N. Palm Beach EXHIBIT "C" 12 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT: THAT PART OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING WITHIN 6 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, THENCE SOUTH 89°52'31" WEST ALONG THE NORTH LINE OF SAID SECTION 8 FOR 1876.48 FEET; THENCE SOUTH 00°07'29" EAST FOR 1535.66 FEET TO THE NORTHWEST CORNER OF A 20 FOOT BY 30 FOOT TOWER PARCEL; THENCE SOUTH 0352'00" WEST ALONG THE WEST LINE OF SAID TOWER PARCEL FOR 11.38 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 12 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT; THENCE SOUTH 89°57'57" WEST FOR 11.69 FEET; THENCE NORTH 00°02'30" WEST FOR 184.37 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 6 FEET SOUTH OF THE NORTH LINE OF THE "VILLAGE OF NORTH PALM BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORDS BOOK 3442, PAGE 1431 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE NORTH 89°58'27" WEST ALONG SAID PARALLEL LINE FOR 713.01 FEET TO AN INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD (A PUBLIC RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 10,909 SQUARE FEET (0.25 ACRES), MORE OR LESS. As generally shown, together with the premises and access and utility easements thereto, on the following pages. C-1 42698514 v2 13U#: 878279: N. Palm Beach 61iR 4w=14 JP d -0 42698514 v2 BU#: 878279; N. Palm Beach C-2 O p°n �I paa9tl §§ eqy FFF o £ `S P �> 00 C-2 15 I LAA 9� Btl r� �•�•�.,J I w�w4�R Pry N i o ° 11 �4e I ��I3 I qa Big •1 1 6 s All �y v ° VA y !i r9� ern i 8� asa-1 1 gAll 1 f sg y !i r9� ern i 8� Lq 46a Atli I maw It ro°T YG[ xox-unua�c wun um�m is "Mom" .... sMr w >a� z 4N C-3 42698514 v2 BU#: 878279: N. Palm Beach s I Q9 1 II yl 11H n 4 s Et Z 0 i E En F r_ plvl a' z _ \��`�' ro1\� ` R �F Jf; a drily F -S R:I /emwina pr l `, W - p6n �F� Ox* 4 s Et Z C-4 42698514 v2 BU#: 878279; N. Palm Beach pm �mV!� a'^ r P ( _ C 02 M Co b L° F7c L a Q � " AI!nrnaran �lananda, Dr plvl a' V. V. o >Os '. Mona! Ln Jf; a drily F -S R:I /emwina pr l `, W - Ox* x R� v. pN unslS��pnsip- c T Ur O `c 3 C-4 42698514 v2 BU#: 878279; N. 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