2006-053 Amendment to Sprint-Nextel AgreementRESOLUTION 2006-53
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A FIRST AMENDMENT TO THE COMMUNICATIONS SITE
LEASE AGREEMENT (GROUND) DATED OCTOBER 25, 1999, BETWEEN VILLAGE OF
NORTH PALM BEACH, LESSOR, AND NEXTEL SOUTH CORP., LESSEE, WHICH FIRST
AMENDMENT IS ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the First Amendment to the Communications Site Lease Agreement (Ground) dated
October 25, 1999, between Village of North Palm Beach, Lessor, and Nextel South Corp.,
Lessee, which First Amendment is attached as Exhibit "A."
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
First Amendment to the Communications Site Lease Agreement (Ground) set forth in Exhibit
"A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 27TH DAY OF JULY, 2006.
A~ '
(Village Seal)
~~E Mayor
ATTEST:
Village Clerk
Nextel Site Name: Oaks East
Nextel Site No.: FL2557B
Area: Florida
Market: South
FIRST AMENDMENT
TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
This First Amendment to Communications Sit ,ease A Bement (Ground)
("First Amendment") is made as of this ~ day of ,~ l<J~ 2006,
by and between Village of North Palm Beach, a Florida municipal corporation
("Lessor") and Neztel South Corp., a Georgia corporation, (hereinafter referred to as
"Lessee", which term shall include its successors and assigns where the context so
admits).
WITNESSETH:
WHEREAS, Lessor and Lessee entered into that certain Communications Site
Lease Agreement (Ground) dated October 25, 1999, (the "Agreement"), for
approximately three hundred fifty-eight (358) square feet of Land and all access and
utility easements, if any (the "Premises"), located in the Village of North Palm Beach,
County of Palm Beach, State of Florida, more commonly known as Village of North
Palm Beach Community Center, 1200 Prosperity Farms Road, North Palm Beach, Florida
(the "Land"); and
WHEREAS, Lessor and Lessee agree that the Agreement provides that Lessee
shall have the right to operate communications services at the Premises; and
WHEREAS, the pazties now desire to modify and amend the Agreement in order
to increase the squaze footage of the Premises, adjust the Rent, modify the Lessee
Facilities and update Lessee's notice address.
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Paragraph 1, Premises, is amended to reflect the addition of a lease azea on
the ground of approximately one hundred thirty (130) square feet for the installation of a
generator and supporting equipment as further illustrated on Exhibit 131 attached and
incorporated herein. ~ n )J
2. Paragraph 5, Rent, is amended to reflect an increase of free Hundred and
00/100 Dollars ($'3174:40} per month to the Rent currently in effect as of the start of
construction under this Fii~t endment.
3. Paragraph 19(d}, Notices, is ended to reflect Lessee's current notice
address as follows: 1 _
Page 1 of 4
W P B t VR EAL E S11202731.2
36799/0007 cs 5/9/2006
Nextel Site Name: Oaks East
Nextel Site No.: FL2557B
Area: Florida
Market: South
Lessee: Nextel South Corp.
851 Trafalgar Court
Suite 300E
Maitland, FL 32751
Attn: Property Manager
With a copy to: Sprint
2001 Edmund Halley Drive
Reston, VA 20191-3436
Attn: Regional Legal Services, Contracts Manager
4. Lessor has requested and Lessee has agreed to pay for the purchase and
installation of three (3) sixteen (16') foot oak trees ("Trees") to be selected by Lessor, on
a site on the Property to be selected by Lessor and to be installed by Lessor's landscaper.
Lessee shall make payment within thirty (30) days after receipt of written documentation
evidencing the cost and installation of the Trees.
5. Exhibit B of the Agreement, Description of Premises, is supplemented
with the attached Exhibit B-1. Any and all references to Exhibit B shall hereinafter
include Exhibit B-1.
6. Effective as of the date of this First Amendment, Lessee has the right to do
all work necessary to prepare, maintain and alter the Premises in accordance with this
First Amendment and as may be necessary for Lessee's business operations at the
Premises. All alterations, changes and equipment modifications made pursuant to this
First Amendment shall be made in compliance with the terms, covenants and conditions
of the Agreement, as hereby amended, and shall remain Lessee's personal property and
are not fixtures. Lessor and Lessee further affirm that title to the Lessee Facilities
(including any modifications made in accordance with this First Amendment) shall be
held by Lessee.
7. Miscellaneous.
(a) All capitalized terms used herein, unless otherwise defined herein,
shall be defined in conformity with the terms and conditions of the Agreement.
(b) In case of any inconsistencies between the terms and conditions
contained in the Agreement and the terms and conditions contained herein, the terms and
conditions herein shall control. Except as set forth herein, all provisions of the
Agreement remain unchanged and in full force and effect.
(c) .Lessee shall have the right to record an amended Memorandum of
Agreement in the official Records of the County where the Property is located. Lessor
agrees to execute an amended Memorandum of Agreement for recording upon request by
Lessee.
Page 2 of 4
WPBS 1REALEST202731.2
36799/0001 cs 519/2006
Nextel Site Name: Oaks East
Nextel Site No.: FL25576
Area: Florida
Market: South
(d) This First Amendment may be executed in multiple counterparts,
each copy of which shall be deemed an original document.
IN WITNESS WHEREOF, the parties have executed this First Amendment as a
sealed instrument as of the day and year first written above.
LESSOR:
a Flon
By:
Name: ~i
Title
Date: ~~~,~ , 2006
Witnesses for l.. V(U' /(~~jlll~J
'.
Print Name: %.T ~~ ~,~
1/%~/.¢qE C' ~~
Print Name:
WPB t \REALE ST12027312
36799/0001 cs 519/2006
LESSEE:
Nextel South Corp.,
a Georgia corporatiot
By: f~~•~ v
Name: David Wong
Title: Area Manager Site
Date: ~~'~--- , 2006
Witnesses for David Wong:
.hl~ ~--.
~=
Print Name: l ~, ~ ~,
Prin~Name: `~ ~ , }~~ c_~~:
Page 3 of 4
Village of North Palm Beach,
Nextel Site Name: Oaks East
Nextel Site No.: FL2557B
Area: Florida
Market: South
SUPPLEMENT EXIIIBTI' B-1
Description of Premises
DESCRIPTION OF ADDITIONAL GROUND SPACE FOR GENERATOR
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Page 4 of 4
WPB 1 \REALEST\202731.2
36799/0001 cs Sl9/2006
Nextel Site Name: Oaks East
Nextel Site Number: FL2557B
Market: South Florida
RECORDED AT REQUEST OF, AND
WHEN RECORDED RETURN TO:
Nextel South Corp.
851 Trafalgar Court, 300E
Maitland, FL 32751
Attn: Property Manager
MEMORANDUM OF FIRST AMENDMENT TO
COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
FL2557B/Oaks East
Thls MEMORANDUM OF FIRST AMENDME r to Com unications Site Lease Agreement (Ground) is
entered into on this /,StG~I day of 9ClS7~" , 2006, by VILLAGE OF
NORTH PALM BEACH„ a Florida municipal corporation, with an address of 501 U.S. Highway 1, North
Palm Beach, FL 33408 (hereinafter referred to as "Lessor") and NEXTEL SOUTH CORP., a Georgia
corporation, with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751 (hereinafter referred to
as "Lessee'.
WHEREAS, Lessor and Lessee hereby modify the Memorandum of Agreement dated October 25,
1999 and recorded January 10, 2000 in Official Records Book 11553, Page 881 of the Public Records of
Palm Beach County, Florida, as follows:
The Exhibit B is hereby supplemented with Exhibit B-1 -attached hereto.
In witness whereof, the parties have executed this Memorandum of First Amendment as of the
day and year first written above.
Lessor:
Village of North Palm Beach,
a Florida municipal corporation
By:
Name:
Title:
Date: ~~/.5~~ G Date:
• , / __ it s
Page 1 of 3
Lessee:
Nextel South Corp.,
a Georgia corporation
By: ~ ----,..1
Name: David Wong
Title: Area Manager Site Development
s~ ~~`
MOA.022006
WPBI1REAlEST1207514. ~
36799/0001 cs 5/9/2006
Nextel Site Name: Oaks East
Nextel Site Number: FL25576
Market: South Florida
~'ou'v ~
OF
6~PfOF~ ~~ /O~~FtiI l~ ~1¢(~
1V
n ~/r 0~ ,before me, sf~ ~ ` ~L`~O , Notary Public, personally appeared _
.I , as _ of Village of North Palm
Beach, a Florida municipal corporation, per onall known to me (or proved to me on the basis of
satisfactory evidence} to be the person wh a name is su scribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their signature
on the instrument, the person, or the entity upon behalf of which the person acted, executed the
instrument.
WI``T~~N~~E//S~~S my hand and official seal.
/i'(.~ Gf,~ ' ~..E~~ (SEAL)
Notary Public
My commission expires:
MEUSSa a tEa.
MY COMMIS81C1N # DD 437560
'~'>~ EXPIfiES: July 13, 2009
~~Rf,~tt~`'~ BoMatl'Rxu Notary PubNc lhiderwihsn
STATE OF FLORIDA
COUNTY OF ORANGE
P '~'~
On ~~ ~ .P- tax , :.i~~~~r~ before me ilh~_, ~~rf ~~~t ,'r ~r '; ~ Notary Public, personally appeared
David W rig, as Area Manager Site Development, of Nextel South Cprp., a Georgia corporation,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person 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 person, or the entity upon behalf of
which the person acted, executed the instrument.
W(TNES,S my hand and official seal.
a
1 f ~; ,
' ~~ ~` ~ ~ ~ ~ (SEAL)
I !.. f~..i (. c' b
Notary Public
s ............................................~
MARILYN CASTRO-GARClA
+`""""'. Comrrw DD0971951
o~~pr v v
a ~__ E>~ror 11/15/2009
B BOttdett tf1rY (800}4~~i254:
N.ui.~~.maw...,i..IWIdtN.NO.iry..Ai~:.Mi.t
My commission expires:
Page 2 of 3
MOA.022006
WPB t \REALESl1207514.1
36799!0001 cs 5/912006
Nextel Site Name: Oaks East
Nextel Site Number: FL25576
Market: South Florida
EXHIBIT B-1
Supplement
Description of Premises
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