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2010-26 Amendment to Communications Site Lease Agreement with Sprint Spectrum, LP
ESOLUTION 2010-26 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH • PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE COMMUNICATIONS SITE LEASE AGREEMENT WITH SPRINT SPECTRUM, L.P. TO PROVIDE FOR THE INSTALLATION OF AN ADDITIONAL ANTENNA AND RELATED EQUIPMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; 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) with Sprint Spectrum, L.P. ("Sprint") for the erection of a telecommunications tower and the installation of related equipment adjacent to the Village Community Center ("Site"); and WHEREAS, the Village received a request from Global Signal Acquisitions III LLC ("Global"), attorney-in-fact for STC Five, LLC, successor-in-interest to Sprint Spectrum, L.P., to allow Clear Wireless LLC to locate an additional antenna on the existing tower and install additional equipment on the existing platform utilized by Sprint; and WHEREAS, in accordance with Section 45-21 of the Village Code of Ordinances, the Village Planning Commission reviewed and approved the placement of the additional antenna and equipment at the Site; and WHEREAS, Global and the Village wish to execute a First Amendment to the Communications Site Lease Agreement (Ground) to provide for the collocation of the antenna and equipment, and the Village Council determines that the execution of the First Amendment 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 First Amendment to the Communications Site Lease Agreement (Ground) with Global Signal Acquisitions III LLC, attorney-in-fact for 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 First Amendment 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 All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 13th DAY OF MAY, 2010. (Village Seal) ~%2~ O • MAYOR ATTEST: _- o~~~,~~~~~~~ VILLAGE CLERK r ,~. Prenared bv: Matthew J. Trailer, Esq. 8805 Tamiami Trail North Suite 212 Naples, Florida 34108 Return to: Crown Castle Attention: Gus Garcia Site BIJN: 878279 6306 Benjamin Road Suite 604 Tampa, Florida 33634 STATE OF FLORIDA COUNTY OF PALM BEACH ) FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT THIS FIRS~C AMENDMENT TO PCS SITE AGREEMENT (the "Amendment") is made and entered into on this ~ day of , 2010 (the "Effective Date"), by and between STC Five, LLC, a Delaware limited liability company, successor-in-interest to Sprint Spectrum, L.P., by and through its attorney in fact, Global Signal Acquisitions III LLC ("Lessee"), and the Village of North Palm Beach, a Florida municipal corporation with an office at 501 U.S. Highway 1, North Palm Beach, Florida 33408 ("Lessor"). WITNESSETH: WHEREAS, Lessor and Lessee are parties to that Communications Site Lease Agreement (Ground) dated November 9, 1999 (the "Lease"), a memorandum of which was filed for record in O.R. 11607, Page 520 in the Public Records of Palm Beach County, Florida (the "MOL"), relating to certain real property located in Palm Beach County, Florida legally described on the attached Exhibit A (the "PropertX"), and granting to Lessee a lease on a portion thereof (the "Premises"); WHEREAS, the parties desire to amend the Lease to provide for the consent to locate additional equipment within the Premises as more particularly set forth below. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set forth and the sum of Ten and No/100 Dollars ($10.00), in hand paid by Lessee to Lessor, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. AMENDMENTS. The Lease is hereby amended as follows: (a) Consent to Sublease or Sublicense the Premises. Lessor does hereby consent to Lessee's grant of a sublease, sublicense or right of use of all or a portion of the Premises to Clear Wireless LLC (hereinafter "Collocator"). Collocator's antenna shall be placed on the existing tower as depicted in Exhibit B attached hereto and incorporated herein, and Collocator's facilities and equipment shall be placed on the existing equipment platform and located entirely within the area specified in Exhibit B to the Lease. Collocator's equipment and facilities shall be considered part of Lessee's Facilities as that term is defined in the Lease. BU# 878279 -Village of N. Palm Beach Comm ~. ,: (b) Additional Rent. In consideration for Lessor's consent to the sublease of space within the Premises to Collocator, Lessee shall pay to Lessor the amount of One Thousand Three Hundred Four and 77/100 Dollars ($1,304.77) per month (hereinafter "Collocator Consent Rent"), commencing upon the first day of the month following the commencement of physical preparation or use of the Premises by Collocator, and continuing thereafter until the earlier of: (i) the expiration or termination of the Lease, or (ii) the cessation of Collocator's use of the Premises, as evidenced by a written notice of such termination or cessation by Lessee to Lessor. The Collocator Consent Rent shall be payable and shall escalate upon the same terms and at the same time as the Rent set forth in the Lease, for so long as such Collocator Consent Rent is payable to Lessor as set forth herein. 2. MISCELLANEOUS. (a) Full Force and Effect. All of the terms, provisions, covenants and agreements contained in the Lease 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 Lease as of the date hereof for purposes of compliance with Florida Statute Ch. 695.01 (as amended). Except as otherwise expressly amended herein, all the terms and conditions of the Lease shall remain and continue in full force and effect. In case of any inconsistency between the Lease, as amended, or the MOL and this Amendment, this Amendment shall govern and control. (b) Binding Effect. The 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 the Amendment. (c) Entire Agreement. The Amendment supersedes all agreements previously made between the parties relating to its subject matter. (d) Counterparts. The 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. (fj Authority. 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 appear on the following page) 2 BU# 878279 -Village of N. Palm Beach Comm *- IN WITNES5 WHEREOF, the parties have executed this Second to PCS Site Agreement on the day and year first written above. LESSOR• WITNESSES: Village of North Palm Beach, a Florida municipal corporation STATE OF FLORIDA ) ss. COUNTY OF PALM BEACH ) Name: William Manuel, Mayor Attest: Name: Melissa Teal, Village Clerk On the 1~~day of in the year of 2010, before me, the undersigned, a Notary Public in and for said state, personally appeared William Manuel, the Mayor of the Village of North Palm Beach, a Florida municipal corporation, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the individual or the entity upon behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal. -~=/"`/t Signature: My Commission Expires: ,.~ ,~0/.3 Commission Number: - ~7 7 BU# 878279 -Village of N. Palm Beach Comm 3 ,wnii ;NAY P~eI~- MELISSA A. tEAI ~-. Notary ~u9!ac • State asf Florida s`'. My Comm. Eapiresa Jul 13, 2013 ~ws Gos~anlajstoa- ata DO 8Dt5TA '"~,°; ~ t~'°•y1 BortdeO lhrcuph N2tiona0 kaiary Assaf. LESSEE: WITNESSES: STC Five LLC, a Delaware limited liability company Pr' ame. e ~ ~~~-`~®i~D COUNTY By: Global Signal Acquisitions III LLC, a Delaware limited liability company, its Attorney in Fact By: Name: ~ P- ~ ~~ ~ ~~ Its: ~~- ~i94~,~~.~~ -- I, ~ a ®c ~~-~'~-~'.~®~ , a notary plic for said county and state, do hereby certify that ~'4~ ~ e~} , C~ ~ ,the ~ ~~ ~~, ~'° of Global Signal Acquisitions III LLC, the attorney in fact for STC Five LLC, a Delaware limited liability company, personally appeared before me this day and acknowledged the execution of the foregoing instrument for and on behalf of the company. Given under my hand this 1 day of ~ ~~1 L , 2010. Notary Public ®®~4000~~pp©p Printed Name ~ ~o o o ~ ~~ ~~~ ~~ ~ ~ My Commission Expires: ° ~ ~ ~® My Commission Number: °o ~ `~~ ~~e ~~0® m®~~ g ~~ 4 BU# 878279 -Village of lV. Palm Beach Comm STATE OF ~'0°~~~a `~ ) EXHIBIT "A" LEGAL DESCRIPTION OF PARENT PARCEL .A ~1aiCEL ~ t.r1Fl~ iM T4~ 1~R4 1iTfR UJF SEE;TI~ ~, 4~~ 42 yCii1791, ~AH~ U ~14~, ~ ~ ~.QW{'~f'!'F ftLspRO(~Jw, ~ 41gRE pAl~'NF€6-'f Et d1~ ~C4,IC.°a'MS: Th~p~ '~liili E!~*+I~'S&~ ~r~5~ 14i.G~sC TidC R~ITi}~ LM4E ~ 3~I@7i RTilfrl~ ~A11~TER. ~E 9~AJ3ai ~~ TES ~$ 11I~fd ~0 ~E~ ~ ~a+E'~3' G:igT' AG.L ~~k'A FMCS TIRE 3@+~ EL, a- w~~f+wC[ s~ ~ASa~ ~Eb Td 1V POBRT ply ''9MEE E:A5~ RQCii~ 9yF ~Y 1lIrE ~ PT{QiTY FdiRSe Y~[i0a TWEKICE tIpIRTI# Q~5°3F` ~,1~T A4LOk6 51183 ~1~54 IRli~i~ #' ~' 1~1?VIE', A ~Tif+l~ ~ ~IY4T~ SET TQ iFiE POihtB QF >8E1hIC. 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' .' i ~" ~ ~ ~ I i ~ .. ., -,.~ t- > , I ~ , ~ _ ~ r _ . ~~ - ~_ ~ ~ ~ - _ - ~~::.~1~ r' '~ ~_. .c i+ _ g~ ~ p;. -.r ~ ~ ~ ~ ~~ ~ ~ i 7 I i~ _ ~' ~~ 7.~ ~ ~. ~- ~7 ~ Ps pi f,_ '°~- ~ _ _ ~ ~»- ° .,_ '. i w -- ~,k. ~p ~ ~~~ ~~ ~.~ ~ _ . ,~- ~_ ~a_ B-1 BU# 878279 -Village of N. Palm Beach Comm