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TRANSMITTAL MEMORANDUM e--( -oi
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To: City Clerk 1, 51
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
Development Order ❑ Mayor's signature
❑ Final Plat(original mylars) I I Recording Letter of
Credit ❑ Rendering
Maintenance Bond Safe keeping(Vault)
Ordinance n
❑ Performance Bond
Resolution
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Once completed, please:
Return original
Return copy
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Please advise if you have any questions regarding the above.
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T:\Dept_foims\City Clerk Transmittal Memo-2009.doc
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
THIRD AMENDMENT TO SITE AGREEMENT FOR LAND
THIS THIRD AMENDMENT TO SITE AGREEMENT FOR LAND (the
"Amendment") is made and entered into on this day of Gt.nu , 201N-by and
between CITY OF SANFORD, FLORIDA, having a mailing address 96f P.O. Box 1788,
Sanford, Florida 32772 (the "Lessor"), and T-MOBILE USA TOWER LLC, a Delaware
limited liability company, successor in interest to T-Mobile South, LLC, a Delaware limited
liability company, successor in interest to APT Tampa/Orlando, Inc., a Delaware corporation,
having a mailing address of 12920 SE 38th Street, Bellevue, Washington 98006, Attention:
Lease Compliance ("Tenant").
WITNESSETH:
WHEREAS, Lessor and Tenant are parties to that certain Site Agreement for Land dated
January 13, 1997, (as amended or assigned, the "Agreement") covering certain real property
together with an easement for ingress and egress thereto described in Exhibit "A" attached
hereto (the "Property") as amended by that certain Amendment No. 1 to Site Agreement for
Land dated June 5, 1997 and that certain Amendment No. 2 to Site Agreement for Land last
dated July 24, 1997, a memorandum of which was filed for record on April 28, 1998, in the
Public Records of Seminole County, Florida, in Book 3413, Page 1024 (the "MOL");
WHEREAS, the Agreement has an original term (including all extension terms) that will
terminate on December 31, 2022 (the "Original Term"), and the parties desire to amend the
Agreement to extend the Original Term and as otherwise set forth below.
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:
(a) Renewal Term. The second sentence of Section 2 of the Agreement shall be
deleted in its entirety and the following shall be substituted in lieu thereof:
Tenant shall have the right to extend the Term for fourteen (14)
successive (5) year periods (each a "Renewal Term") on the same
terms and conditions as set forth herein.
If all such options to extend are exercised, then the final expiration of the Agreement shall occur
on December 31, 2052.
BU#828579;Trout Lake
2119490 vl
(b) Consideration. In addition to and following the Rent increase set forth in Section
3.C. of the Agreement, effective January 1, 2023 the rent shall increase by an additional twenty
Percent (20%) over the rent due following the calculation set forth in Section 3.C. Thereafter,
Rent shall continue to adjust as set forth in section 3.C.
(c) Notice. Tenant's notice address is as follows:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, Washington 98006
Attention: Lease Compliance
RE: Site# 828579—Trout Lake
With a copy to:
CCTMO LLC
E. Blake Hawk, General Counsel
Attention: Legal Department
2000 Corporate Drive
Canonsburg, Pennsylvania 15317
(d) Taxes. Tenant shall pay, prior to delinquency, the ad valorem taxes assessed on
the Property as reflected on the tax bill for Parcel ID Number 32-19-30-501-0000-007G;
provided, however, that Lessor shall promptly forward such tax bill to Tenant. Any delay in
such payment due to Lessor's failure to timely forward said tax bill shall not be a default
hereunder, provided Tenant acts with due diligence in processing the tax bill for payment.
Tenant reserves the right to challenge any such assessment, and Lessor agrees to cooperate with
Tenant in connection with any such challenge.
(e) Option for Additional Ground Space. Tenant shall have the right and option
(the "Option"), exercisable at any time, and from time to time, following the execution of this
Amendment, to amend the Agreement for no additional consideration except as provided herein,
to include up to an additional Five Thousand (5,000) square feet of real property adjacent to the
existing Property (the "Additional Lease Area"). Tenant may conduct any reasonable due
diligence activities on the Additional Lease Area at any time after full execution of this
Amendment. If Tenant elects to exercise the Option, after full execution of the Additional Lease
Area Documents (as defined below), Tenant shall pay the same rent per square foot for the
Additional Lease Area as the rent paid per square foot by Tenant for the existing lease area at the
time of full execution of the Additional Lease Area Documents. The rent for the Additional
Lease Area shall increase in the same manner as the rent increases for the existing lease area.
Tenant may exercise the Option by providing written notice to Landlord at any time; provided,
however, that following Tenant's delivery of notice to Landlord, Tenant may at any time prior to
full execution of the Additional Lease Area Documents withdraw its election to exercise the
Option if Tenant discovers or obtains any information of any nature regarding the Additional
Lease Area which Tenant determines to be unfavorable in its sole discretion. Within thirty (30)
days after Tenant's exercise of the Option, Landlord agrees to execute and deliver an amendment
to the Agreement, a memorandum of amendment (each of which may include a metes and
BU#828579;Trout Lake 2
2119490 vl
bounds description of the Additional Lease Area), and any other documents necessary to grant
and record Tenant's interest in the Additional Lease Area ("Additional Lease Area
Documents"). In addition, within thirty (30) days after Tenant's exercise of the Option,
Landlord shall obtain and deliver any documentation necessary to remove, subordinate or satisfy
any mortgages, deeds of trust, liens or encumbrances affecting the Additional Lease Area to
Tenant's satisfaction.
(f) Right of First Refusal. If Lessor receives an offer from any person or entity that
owns or operates towers or other wireless telecommunications facilities or which person or entity
(including any affiliates of any such entity) is in the business of acquiring Lessor's interest in the
Agreement to purchase fee title, an easement, a lease, a license, or any other interest in the
Property, any or all of Lessor's interest in the Agreement including the rent or revenue derived
therefrom, or any other interest in the Agreement, or an option for any of the foregoing, Lessor
shall provide written notice to Tenant of said offer ("Lessor's Notice"), and Tenant shall have a
right of first refusal to acquire such interest on the same terms and conditions, excluding any
terms or conditions which are (i) not imposed in good faith or (ii) directly or indirectly designed
to defeat or undermine Tenant's possessory or economic interest in the Property. Lessor's
Notice shall include the prospective buyer's name, the purchase price and/or other consideration
being offered, the other terms and conditions of the offer, the due diligence period, and the
proposed closing date. If Lessor's Notice shall provide for a due diligence period of less than
sixty (60) days, then the due diligence period shall be extended to be sixty (60) days from
exercise of the right of first refusal and closing shall occur no earlier than fifteen days thereafter.
If Tenant does not exercise its right of first refusal by written notice to Lessor given within thirty
(30) days, Lessor may convey the property as described in Lessor's Notice. If Tenant declines to
exercise its right of first refusal, then the Agreement shall continue in full force and effect and
Tenant's right of first refusal shall survive any such conveyance. Tenant shall have the right, at
its sole discretion, to assign the right of first refusal to any person or entity, either separate from
an assignment of the Agreement or as part of an assignment of the Agreement. Such assignment
may occur either prior to or after Tenant's receipt of Lessor's Notice and the assignment shall be
effective upon written notice to Lessor.
2. SIGNING BONUS. As additional consideration for the execution of this Amendment,
Tenant shall pay to Lessor the sum of Eight Thousand and No/100 Dollars ($8,000.00) within
sixty(60) days following the final execution of this Amendment by Tenant.
3. 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 Tenant ratify, confirm and adopt the Agreement as of the date hereof for
purposes of compliance with Florida Statute Ch. 695.01 (as amended) 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, the MOL
BU#828579;Trout Lake 3
2119490 vl
or that certain Letter Agreement between Lessor and Tenant dated3einu uu / , 20 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 Tenant with a completed IRS Form W-
9, or its equivalent, upon execution of this Agreement and at such other times as may be
reasonably requested by Tenant. In the event the Property is transferred, the succeeding Lessor
shall have a duty at the time of such transfer to provide Tenant 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 Tenant's request shall
be considered a default and Tenant 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.
(ii) Except as expressly identified in this Amendment, Lessor owns the
Property free and clear of any mortgage, deed of trust, or other lien secured by any legal or
beneficial interest in the Property, or any right of any individual, entity or governmental
authority arising under an option, right of first refusal, lease, license, easement or other
instrument other than any rights of Tenant arising under the Agreement as amended hereby and
the rights of utility providers under recorded easements.
BU#828579;Trout Lake 4
2119490 vl
(iii) Upon Tenant's request, Lessor shall discharge and cause to be released
(or, if approved by Tenant, subordinated to Tenant's rights under the Agreement as amended
hereby) any mortgage, deed of trust, lien or other encumbrance that may now or hereafter exist
against the Property.
(iv) Upon Tenant's request, Lessor shall cure any defect in Lessor's title to the
Property which in the reasonable opinion of Tenant has or may have an adverse affect on
Tenant's use or possession of the Property.
(v) Tenant 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 Tenant under the Agreement.
(vi) Lessor agrees to execute and deliver such further documents and provide
such further assurances as may be requested by Tenant to effect any release or cure referred to in
this paragraph, carry out and evidence the full intent and purpose of the parties under the
Agreement as amended hereby, and ensure Tenant's continuous and uninterrupted use,
possession and quiet enjoyment of the Property under the Agreement as amended hereby.
(e) Entire Agreement. The Amendment supersedes all agreements previously made
between the parties relating to its subject matter.
(f) 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.
(Signatures appear on the following page)
BU#828579;Trout Lake 5
2119490 vl
IN WITNESS WHEREOF, the parties have executed this Third Amendment to Site
Agreement for Land on the day and year first written above.
Attest: City of Sanford, Florida
By: 4i111,//
Cynthi orter Jeff Triplett ;i
City Clerk Mayor
Date: t-7-- —1
Approved as to legality only:
•
#A — -•
William L. Colbert, Esquire
City Attorney
STATE OF FLORIDA )
aIM 11'1Gt COUNTY )
The foregoing Third Amendment to Site Agreement for Land was acknowledged before
me this&—I+ti'h day of Oi.vAL.iCtr y , 2014 by ,, -e fir\��N► or of CITY OF
SANFORD, FLORIDA, 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& 1+ day of r,u4r , 2014.
LI,C■ C OLt t VW1')
Notary Public
i \t \ HOUOVNin
Printed Name
IIY Pu
My Commission Expires:4°:•'•.�� SCI R.HO IN
MY COMMISSION A FF 042947
My Commission Number* Augus
* : 124,2017
4rFoc E-Fl�9 Bonded Thru Budget Notary Services
BU#828579;Trout Lake 6
2119490 v1
• •
WITNESSES: TENANT:
��•- ti T-MOBILE USA TOWER LLC,
a Delaware limited liability company
Y
Print Name: e-{V i 'CfN
/ By: CCTMO LLC,
r_(‘� l 7 L,, S a Delaware limited liability company
Print Name: r Its Attorney in Fact
By:
Name: Lisa A. Sedgvvick
Its: PET RiWager
STATE OF TEXAS )
)
HARRIS COUNTY )
The foregoing Third Amendment to Site Agreement for Land was acknowledged before
me this Sday of 1,iovernber , 2013 by !i Sa A Sep Oic k of CCTMO LLC, a
Delaware limited liability company, as Attorney in Fact for TIMOBILE USA TOWER LLC,
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 Jrnl2mber , 2013.
CoN.4...T94elk
Notary Public
CArdi ye 11 Moores $ _ CAROLYN T MOORES
OK. MY COMMISSION EXPIRES
Printed Name •.;;o ,# August 26,2017
My Commission Expires: 8'z6•I'4
My Commission Number: N/A-
BU#828579;Trout Lake 7
2119490 vl
EXHIBIT "A"
A PARCEL OF,LAND LYING AND 11EIN6 WITHIN THE SOUTH 1212.4 FE4T
OF LOT 7, PINE LAKE GROVES. ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 9. PAGE 27 OF THE PUBLIC•RECORDS OF
SEMINOLE COUNTY, FLORIDA. BEING MORE PART ICULARY DESCRIBED AS
FOLLOWS'
FOR A POINT OF REFERENCES. COMMENCE AT THE SOUTHEAST CORNER
OF SAID LOT 71 THENCE S 89'38''02'1. BI 7.07 FEET ALONG THE SOUTH
BOUNDARY LINE OF SAID LOT 7 THENCE DEPARTING SAID SOUTH BOUNDARY
LINE RUN N 00•00'0011 270147 net TO A PO NT OF BEGINNING, THENCE
N 90•00'O0'V, 40.0 FEET! THENCE N 00`26.19'1, 30.0 FEET, THENCE
S 90'00 00"E. 40.0 FEET, THENCE 5 00•26'19'E, 30.0 FEET TO THE POINT
OF BEGINNING.
SAID PROJECT AREA CONTAINS 1200 SQUARE FEET, MORE OR LESS.
TOGETHER VITH A TWENTY (20) FOOT VIDE NON-EXCLUSIVE ACCESS EASEMENT FOR
INGRESS F EGRESS AND UTILITIES PURPOSES, LYING TEN 00 FEET LEFT AND TEN
(10) FEET RIGHT Cr A CENTERLINE BEING KORE PARTICULARLY DESCRIBED AS FOLLOWS4
FIR A POINT OF REFERENCE. COMMENCE AT THE SOUTHEAST CORNER
OF SAID LOT 71 THENCE S 69`511'02'1, 217.07 FEET ALONG THE SOUTH
BEIUNDAAY LINE OF SAID LOT 7, THENCE DEPARTING SAID SOUTH BOUNDARY
LINE RUN N 00100'00.1 270.07 FEET TO THE S.E. CORNER OF THE PREVIOUSLY
DESCRIBED PROJECT AREAL THENCE N 90'00`00'V, 40.0 FEET, THENCE N 00'26'191V.
30.0 FEETi THENCE S 90'001/0•E. 20.0 FEET TO A POINT OF BEGINNING, THENCE:
N 00'#6119•w, 66228 FEET] THENCE S 89'33'4('W. 135.0 FEET, THENCE N 27'37'49•1, .
70.9 FEET, THENCE N 90.00''00'V, 90.0 FEET, THENCE S 44`4310'V. 5050 FEET! THENCE' '
S 28'33'09"V, 47.21 FEET] THENCE S 01`17'54'V, 51144 FEET, THENCE S 53'IH}'34'V,
13,42 FEET TO A POINT ALONG THE EAST RIGHT-OF-VAT LINE OF S. LOVE AVER
(S. OREGON AVENUE PER.PLAT). SAID POINT ALSO BEING A POINT OF TERMINATION.
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND F OR BOUNDARY LINES. •
SAID ACCESS EASDENT CDNTAIIIS 14.259 £QUAKE FEET, MORE OR LESS.
TOGETHER WITH A FIFTEEN C15) FOOT WIDE KIN-EXCLUSIVE EASEMENT FUR UTILITIES
PURPOSES, LYING SEVEN AND ONE-HALF (7.5) FEET LEFT AND.SEVEN AND ONE-HALE (7.5) -
FEET RIGHT OF A CENTERLINE BEING SOME PARTICULARLY DESCRIBED AS FOLLUVSI
FOR POINT OF REFERENCE. COMENCE AT THE SOUTHEAST CORNER
OF SAID LOT 7, THENCE S $9458'02V, 217.07 FEET ALONG THE SOUTH
BOUNDARY LINE OF SAID LOT 7. THENCE DEPARTING SAID SOUTH BOUNDARY
LINE RUN N O0'0'OO'v 270.07 FEET TO THE S.E. CORNER OF THE PREVIOUSLY
DESCRIBED PROJECT AREA, THENCE N 9010'0014 7.50 FEET TO A POINT OF
BEGINNING, THENCE S 00100'OO'E„ 262.56 FEET, THENCE S 09159102'V, 47.61 FEET,
THENCE N 89•39'35'V. 616,16 FEET, THENCE N 00'00'25-v. 2427 FEET TO A POINT
['R' TERMINATION.
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAID ACCESS EAStHEHT CONTAINS 40.703 &MARE FEET. MORE OR LESS. -
BU#828579;Trout Lake A-1
2119490 vl
This Instrument Prepared By:
Christopher S.Linde
Burr&Forman LLP
200 South Orange Avenue
Suite 800
Orlando,Florida 32801
Return to:
Crown Castle
1220 Augusta Drive,Ste 500
Houston,Texas 77057
Attention: PEP Department
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
Cross Reference to:
Book ,Page
Seminole County,Florida Records
AGREEMENT AND MEMORANDUM OF
THIRD AMENDMENT TO SITE AGREEMENT FOR LAND
THIS AGREEMENT AND MEMORANDUM OF THIRD AMENDMENT TO
SITE AGREEMENT FOR LAND (the "Amendment") is made and entered into on this -1''
day or , 2013 by and between CITY OF SANFORD, FLORIDA, having a
mailing address Sf P.O. Box 1788, Sanford, Florida 32772 (the "Lessor"), and T-MOBILE
USA TOWER LLC, a Delaware limited liability company, successor in interest to T-Mobile
South, LLC, a Delaware limited liability company, successor in interest to APT Tampa/Orlando,
Inc., a Delaware corporation, having a mailing address of 12920 SE 38th Street, Bellevue,
Washington 98006, Attention: Lease Compliance ("Tenant").
WITNESSETH:
WHEREAS, Lessor and Tenant are parties to that certain Site Agreement for Land dated
January 13, 1997, (as amended or assigned, the "Agreement") covering certain real property
together with an easement for ingress and egress thereto described in Exhibit "A" attached
hereto (the "Property") as amended by that certain Amendment No. 1 to Site Agreement for
Land dated June 5, 1997 and that certain Amendment No. 2 to Site Agreement for Land last
dated July 24, 1997, a memorandum of which was filed for record on April 28, 1998, in the
Public Records of Seminole County, Florida, in Book 3413, Page 1024 (the"MOL");
WHEREAS, the Agreement has an original term (including all extension terms) that will
terminate on December 31, 2022 (the"Original Term"); and
WHEREAS, effective as of the date of this Memorandum, Lessor and Tenant have
amended the Agreement and desire to acknowledge, confirm and make record of the above-
referenced amendment.
28579•
BU#8 ,Trout Lake
2119491 vl
NOW, THEREFORE, Lessor and Tenant hereby acknowledge and agree that the
following accurately represents the Agreement, as amended by that Third Amendment to Site
Agreement for Land dated as of the date hereof:
MEMORANDUM OF THIRD AMENDMENT TO
SITE AGREEMENT FOR LAND
Lessor: City of Sanford, with a mailing address of P.O. Box
1788, Sanford, Florida 32772.
Tenant: T-Mobile USA Tower LLC, a Delaware limited
liability company, having a mailing address of T-
Mobile USA, Inc., 12920 SE 38th Street, Bellevue,
WA 98006, Attn: Lease Compliance.
Property: The real property leased by Lessor to Tenant
together with an easement for ingress and egress
thereto is described in Exhibit "A," attached to this
Memorandum and incorporated herein by this
reference.
Initial Agreement Term: For a term of five (5) years, beginning on January 1,
1998.
Expiration Date: The first three (3) extensions having been exercised,
if not otherwise extended or renewed, the
Agreement shall expire on December 31, 2017.
Right to Extend or Renew: Tenant has the right to extend/renew the Agreement
as follows: ten (10) options to extend the
Agreement for a period of five (5) years each on the
terms and conditions set forth in the Agreement, as
amended. If Tenant exercises all
extensions/renewals, the final expiration of the
Agreement will occur on December 31, 2052.
Option to Purchase: No.
Right of First Refusal: Yes.
Option for Additional Property: Yes.
All of the terms, provisions, covenants and agreements contained in the Agreement, as
amended by that Third Amendment to Site Agreement for Land of even date herewith (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 Tenant ratify, confirm and adopt the Agreement, as amended by the Amendment, as
BU#828579;Trout Lake 2
2119491 vl
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. This Memorandum will be
recorded in the applicable land records and is intended to provide notice to third parties of the
Agreement and 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. This Memorandum 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]
BU#828579;Trout Lake 3
2119491 vl
IN WITNESS WHEREOF, the parties have executed this Agreement and Memorandum
of Third Amendment to Site Agreement for Land on the day and year first written above.
Agreement for Land on the day and year first written above.
Attest: City of Sanford, - rida
� Qs By: Ram.
Cynthi Porter Jeff Triplett Ily
City Clerk Mayor
Date: — — 1
Approved as to legality only:
William L. Colbert, Esquire
City Attorney
STATE OF FLORIDA )
tY1‘r ,\f COUNTY )
The foregoing Agreement and Memorandum of Third Amendment to Site Agreement for
Land was acknowledged before me this (14h day of ,i)nuu r , 2011A by
�
, lioetj', Mayer of CITY OF SANFORD, FLORIDA, 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 thief day of huory , 2013.
aaP sIbuelfurr)
Notary Public
Printed Name SPRY P�
e°;•••.�1, TRACI R.HOUCHIN
* t_i * MY COMMISSION#FF 042947
My Commission Expires: nu ,ust24,eon
My Commission Number: '' otFt.°*9 Bonded Nu Budget Notary Services
BU#828579;Trout Lake 4
2119491 v1
• •
WITNESSES: TENANT:
-- r', T-MOBILE USA TOWER LLC,
eMA, a Delaware limited liability company
Print Name: .'rj1rY '4/L+
By: CCTMO LLC,
a Delaware limited liability company
Print Name: Its Attorney in Fact
By:. 4/
Name: 4,Sa .A o e.gwic
Its: RET Manager
STATE OF TEXAS )
HARRIS COUNTY )
The foregoing Agreement and Memorandum of Third Amendment to Site Agreement for
Land was acknowledged before me this t'41%day of t OJ6mbaC , 2013 by tt's k • p,Zk
of CCTMO LLC, a Delaware limited liability company, as Attorney in Fact for T-
MOBILE USA TOWER LLC, on behalf of the limited liability company. He/she is personally
known to me or has produced --- as identification.
•Given under my hand this g day of 1"oJP.nnbe(' , 2013.
c„,/,.Ar f
Ofl
Notary Public
C\(d l yn T bores _,; '1 ; CAROLYN T MOORES I%
Printed Name ` =*** MY COMMISSION EXPIRES
'::�^'+� August 26,2017
My Commission Expires: F'zip•l?
My Commission Number: N IA-
BU#828579;Trout Lake 5
2119491 vl
cc "
EXHIBIT A
A PARCEL OF LAND LYING AND BEIt VWTHIN THE SOUTH 1212.4 FEET
OF LOT 7, PINE LAKE GROVES, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 9. PAGE 27 OF THE PUBLIC.RECORDS OF
SEHINOLE COUNTY, FLORIDA. BEING MORE PARTICULARY DESCRIBED AS
FOLLOWS'
FOR A POINT OF REFERENCE, CQMMCNGE AT THE SOUTHEAST CORNER
OF SAID LOT 71 THENCE S 89•31310214 217.07 FEET ALONG THE SOUTH
BOUNDARY LINE OF SAID LOT 7 THENCE DEPARTING SAID SOUTH BOUNDARY
LINE RUN ii 00`00'00'W 270407 MET TO A POINT OF BEGINNING, THENCE
N 90400'00'V, 40.0 FEET; THENCE N 00•2619'W, 30.0 FEET; THENCE
S 90100'00'E. 40.0 FEET; THENCE 5 00'26'19'E. 30.0 FEET TO THE POINT
OF BEGINNING.
SAID PROJECT AREA CONTAINS 1200 SQUARE FEET, HERE OR LESS.
TOGETHER WITH A TVENTY (20) FOOT VIDE NON-EXCLUSIVE ACCESS EASEMENT FOR
INGRESS / EGRESS AND UTILITIES PURPOSES; LYING TEN OD) FEET LEFT AND TEN
(10) FEET RIGHT or A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS"
FIR A POINT OF REFERENCE, COWIENCE AT THE SOUTHEAST CORNER
OF SAID LOT 7" THENCE S 69•58102'V, 217.07 FEET ALONG THE SOUTH
BOUNDARY LINE OF SAID LOT 7. THENCE DEPARTING SAID SOUTH BOUNDARY
LINE RUN N 00.00'00•V 270.07 FEET TO THE S.C. CORNER OF THE PREVIOUSLY
DESCRIBED PROJECT ARES THENCE N 90•00'0O•V, 40.0 FEET; THENCE N 00•26'19'V,
30k FEET; THENCE $ 90VITTI 'E, 20.0 FEET TO A POINT OF BEGINNING; THENCE
N 00'16'19'V, 66228 FEET; THENCE S B9'33•4['V. 135.0 FEET; THENCE N zr3r49 W, .
70,9 FEET; THENCE N 90•00'00'14 90.0 FEET; THENCE S 4443•18•V. 505.0 FEET, THENCE '
S 2233'0 'V, 47.21 FEET; THENCE 5 01.17"54'V, 511.14 FEET; THENCE S 53•10'34'V, •
13,42 FEET TO A POINT ALONG THE EAST RIGHT-CF-VAY LINE OF S. LOVE AVENUE •
(S. OREGON AVENUE PER.PLAT), SAID POINT ALSO BEING A POINT OF TERMINATION,
THE SIDCLINES OF EASEMENT TO SE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES. •
SAM ACCESS EASEMENT CONTAINS 14239 SwARE FEET, MORE CM LESS.
TOGETHER WITH A FIFTEEN (15) FOOT VIDE NON-EXCLUSIVE EASEMENT FOR UTILITIES
PURPOSES; LYING SEVEN AND ONE-HALF (7.5) FEET LEFT AND.SEVEN AND ONE-HALE (7.5) •
FEET RIGHT OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS"
FOR POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER
OF SAID LOT 7; THENCE S 89'58'02'V, Z17A7 FEET ALONG THE SOUTH
BOUNDARY LINE OF SAID LOT 7. THENCE DEPARTING SAID SOUTH BOUNDARY
LINE RUN N 00"00•00•V 270.07 FEET TO THE S.E. CORNER OF THE PREVIOUSLY
DESCRIBED PROJECT AREA; THENCE N 90'O0'00'W. 7.50 FEET TO A POINT OF
BEGINNING THENCE S 00'00'00'E, 262.56 FEET; THENCE S 89'59'02•1, 47.61 FEET;
THENCE N 09•59•35'V. 616.16 FEET; THENCE N 00'00'23'1. 24.27 FEET TO A POINT
OF TERMINATION. •"
THE SIDELINES OF EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT
AT ANGLE POINT AND / OR BOUNDARY LINES.
SAiC ACCESS EASEMEENT CONTAINS 40.703 MARC FEET. MORE OR LESS. -
BU#828579;Trout Lake A-1
2119491 vl