2500 Reinstatement/Ratification of 2nd Amendment to Option - Cell Site (Sanford West)Cell Site No. OR -081 }
Cell Site Name: Sanford West / (�/i%j
Fixed Asset No. 10069630 6 G✓�
Market: North Florida
Address: 1701 Lowe Avenue, Sanford, FL 32771
REINSTATEMENT AND RATIFICATION OF AND SECOND AMENDMENT TO OPTION
AND LEASE AGREEMENT
THIS REINSTATEMENT AND RATIFICATION OF AND SECOND AMENDMENT TO
OPTION AND LEASE AGREEMENT ("Second Amendment"), dated as of the latter of the signature
dates below (the "Effective Date"), is by and between City of Sanford, Florida, a municipal corporation
organized and existing under the laws of Florida, having a mailing address of 300 North Park Avenue,
Sanford, FL 32771 (hereinafter referred to as "Landlord"), and New Cingular Wireless PCS, LLC, a
Delaware limited liability company, successor to AT&T Wireless Services of Florida, Inc., having a mailing
address of 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as
"Tenant"). The Landlord and Tenant may hereinafter be referred to individually as "Party" and collectively
as the "Parties".
WHEREAS, Landlord and Tenant (or its predecessor) entered into an Option and Lease
Agreement dated January 12, 2000, as amended by that certain First Amendment to Option and Lease r
Agreement dated May 3, 2000 (hereinafter, collectively referred to as the "Agreement") whereby Landlord
leased to Tenant certain Premises, therein described, that are a portion of the Property located at 1701 Lowe
Avenue, Sanford, FL 32771; and
WHEREAS, the tern of the Agreement expired on July 31, 2022 and Tenant has been in a month
to month tenancy since such date, and Landlord has accepted Rent during such period; and
WHEREAS, the parties mutually desire to restate and renew the Agreement, memorialize
such renewal period and modify the Agreement in certain other respects, all on the terms and conditions
contained herein; and
WHEREAS, Landlord and Tenant desire to amend the Agreement to extend the term of the
Agreement; and
WHEREAS, Landlord and Tenant desire to amend the Agreement to adjust the Rent in conjunction
with the modifications to the Agreement contained herein; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set
forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree
that the recitals set forth above are incorporated herein as if set forth in their entirety and fitrther agree as
follows:
1. Reinstatement and Ratification. Landlord and Tenant hereby reinstate, ratify, confirm and
adopt the Agreement, as amended herein. The Agreement, including all amendments thereto, if any, entered
into prior to the date hereof, is attached hereto as Exhibit B.
2. Permitted Uses. The last sentence of the Permitted Uses provision set forth in Section 2 of the
Agreement shall be amended to read as follows: Landlord warrants that it will not cause the status of the
Cell Site No. OR -081
Cell Site Name: Sanford West
Fixed Asset No. 1.0069630
Market: North Florida
Address: 1701 Lowe Avenue, Sanford, FL 32771
Property to be changed, altered or modified in any manner that would adversely affect Tenant's Permitted
Use of the Property without the prior consent of the Tenant first being obtained.
3. Extension of Term. The Term of the Agreement shall be extended to provide that the
Agreement has a new extension tern of five (5) years ("New Extension Term") commencing as of August
1, 2022. The Agreement will automatically renew, commencing on the expiration of the New Extension
Tenn, for up to three (3) separate consecutive additional periods of five (5) years each (each such five (5)
year additional period is hereinafter referred to as an "Additional Extension Term" and each such
Additional Extension Tenn shall be considered an Extension Term under the Agreement), upon the same
terns and conditions of the Agreement, as amended herein, unless Tenant notifies Landlord in writing of
Tenant's intention not to renew the Agreement at least two (2) years prior to the expiration of the New
Extension Tenn or the then current Additional Extension Tenn. Commencing with the second Additional
Extension Term, Landlord shall have the right to notify Tenant that Landlord does not intend to allow this
Agreement to automatically renew for an Additional Extension Tenn provided Landlord gives Tenant two
(2) years written notice prior to the end of the Additional Extension Term then in effect. The New Extension
Term and the Additional Extension Term are collectively referred to as the Term ("Term"). Landlord agrees
and acknowledges that except that as such permitted use or other rights may be amended herein, Tenant
may continue to use and exercise its rights under the Agreement as permitted prior to the New Extension
Terra.
4. Rent. The current rent payable under the Agreement, modified as of August 1, 2022, is
Twenty -Six Thousand Eight Hundred Forty and 78H100 ($26,840.78) per year, paid annually in advance,
and shall continue during the Term, subject to the automatic Rent increase as provided herein. In the event
of any overpayment of Rent prior to or after the Effective Date, Tenant shall have the right to deduct from
any future Rent payments an amount equal to the overpayment amount. Underpayment of Rent shall
constitute a breach of the Agreement.
5. Future Rent Increase, Effective on August 1, 2022, the Rent increased by three percent
(3.0%) over the Rent paid during the previous year and on August 1 of each year thereafter commencing in
2023 the Rent shall increase by three percent (3.0%) over the Rent paid during the previous year.
6. Notices. The notice provision set forth in Section 17 of the Agreement is deleted in its
entirety, and the following is inserted in lieu thereof:
NOTICES. All notices, requests, demands and communications hereunder will be given by first class
certified or registered mail, return receipt requested, or by a nationally recognized overnight courier,
postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices
will be addressed to the parties as follows.
If to Landlord, to:
City of Sanford
Attn: City Manager
300 North Park Avenue
Sanford, FL 32771
With copy to:
Cell Site No. OR -081
Cell Site Name: Sanford West
Fixed Asset No. 10069630
Market: North Florida
Address: 1701 Lowe Avenue, Sanford, FL 32771
William L. Colbert. Esq., City Attorney
Stenstrom, McIntosh, Colbert & Whigham, PA
300 International Parkway
Suite 100
Lake Mary, FL 32746
If to Tenant, to:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
RE: Site No. OR081; Site Name: Sanford West (FL)
Fixed Asset No. 10069630
1025 Lenox Park Blvd. NE, 3`d Floor
Atlanta, GA 30319
With a required copy to:
New Cingular Wireless PCS, LLC
Attn: Legal Dept. — Network Counsel
RE: Site No. OR081; Site Name: Sanford West (FL)
Fixed Asset No. 10069630
208 S. Akard Street
Dallas, TX 75202
The copy sent to the Legal Department is an administrative step which alone does not constitute legal
notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior
written notice to the other as provided herein.
7. Emergency 911 Service. In the future, without the payment of additional Rent, or any
other consideration, and at a location mutually acceptable to Landlord and Tenant, Landlord agrees that
Tenant may add, modify and/or replace equipment in order to be in compliance with any current or future
federal, state or local mandated application, including but not limited to emergency 911 communication
services.
8. Charges. All charges payable under the Agreement such as utilities and taxes shall be
billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred;
any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The
foregoing shall not apply to Rent which is due and payable without a requirement that it be billed by
Landlord. The provisions of this subsection shall survive the termination or expiration of the Agreement.
9. Insurance. The insurance coverages required to be maintained by Tenant shall be as listed
in Exhibit "A" to this Second Amendment.
10. Indemnification. The Indemnification provision set forth in Section 9 of the Agreement
is amended to include the following language: The indemnification provided by the Landlord shall be
specifically limited by the provisions of Section 768.28 of the Florida Statutes.
Cell Site No. OR -081
Cell Site Name: Sanford West
Fixed Asset No. 10069630
Market: North Florida
Address: 1701 Lowe Avenue, Sanford, FL 32771
11. Assignment/Sublease. The Assignment/Sublease provision set forth in Section 16 of the
Agreement shall be modified to provide that the Landlord will have the right of reasonable approval of any
proposed assignee or sublessee.
12. Acknowledgement. Landlord acknowledges that: 1) this Second Amendment is entered
into of the Landlord's free will and volition; 2) Landlord has read and understands this Second Amendment
and the underlying Agreement and, prior to execution of this Second Amendment, was free to consult with
counsel of its choosing regarding Landlord's decision to enter into this Second Amendment and to have
counsel review the terms and conditions of this Second Amendment; 3) Landlord has been advised and is
informed that should Landlord not enter into this Second Amendment, the underlying Agreement between
Landlord and Tenant, including any termination or non -renewal provision therein, would remain in fiill
force and effect.
13. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this Second Amendment, the terms of this Second Amendment shall control. Except as
expressly set forth in this Second Amendment, the Agreement otherwise is unmodified and remains in full
force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Second
Amendment.
14. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
[SIGNATURES APPEAR ON THE NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and
year first above written.
LANDLORD:
TENANT:
City of Sanford, Florida, New Cingular Wireless PCS, LLC,
a municipal corporation organized and existing a Delaware limited liability company
under the laws of Florida
By: AT&T Mobility Corporation
Its: Manager
By: * ; BY
Name: �� n �OiYa�xl �� r•; ` lame: John Hegg
Title: � I+V Name, r Title Area Manager
Date: 1 ILO I �7 '� Date 3"
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
LANDLORD ACKNOWLEDGMENT
STATE OF Rondo, )
SS.
COUNTY OF-WIMQ�e
I certify that I know or have satisfactory evidence that KkAcn M. 1"QUmmf�►Jris
the person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it
as the of , to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:
Notary Seal
PueGc TRACI HOUCHIN
* Commission # HH 146996
DIresAugust 24,2026
�'{OFF�ot� raMNTIwW�sraarys«vaK
WR
(Sig'a M j°tMr}t)
Phi V1
(Legibly Print or Stamp Name of Notary,
Notary Public in and for the Stale of }- `—
My appointment expires: o�
TENANT ACKNOWLEDGMENT
"-I�Io-r _; c�c�
STATE OFfTEeRC-r1A )
SS.
COUNTY OF-1-UL40N' )
I certify that I know or have satisfactory evidence that John Heggy is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she
was authorized to execute the instrument and acknowledged it as the Area Manager of AT&T Mobility
Corporation, the Manager of New Cingular Wireless PCS, LLC, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED: )
Notary Seal
AMANDASCHULTZ
* Notary Public, State Of Florida
Commission No. HH 243913
My Commission Expires: 312212026
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
My appointment expires: 2� / 2 - Q
EXHIBIT 1
DESCRIPTION OF PREMISES
Page 1 of 1
to the Memorandum of Lease dated _, 202_, by and between City of Sanford,
Florida, a municipal corporation organized and existing under the laws of Florida, as Landlord, and New
Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.
The Premises are a portion of the Property located at 1701 Lowe Avenue, Sanford, FL 32771, and legally
described and/or depicted as follows:
The SouUi 1212.9 feet of Lot 70 PIIS LAEE CROM, according to
the Plat thereof as recorded in Plat Book 9, Page 27, of the
Public Records of Seminole County, Florida.
Recording Requested BY
& When Recorded Return To:
Black Dot Wireless
23456 Madero — Suite 210
Mission Viejo, CA 92691
Re: Cell Site No.: OR -081
Cell Site Name: Sanford West
Fixed Asset Number: 10069630
State: Florida
County: Seminole
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this day of , 202_, by and
between City of Sanford, Florida, a municipal corporation organized and existing under the laws of Florida,
having a mailing address at 300 North Park Avenue, Sanford, FL 32771 (hereinafter referred to as
"Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a
mailing address of 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to
as "Tenant").
1. Landlord and Tenant (or its predecessor -in -interest) entered into a certain Option and Lease
Agreement dated January 12, 2000, as amended by that certain First Amendment to Option and
Lease Agreement dated May 3, 2000, as further amended by that certain Reinstatement and
Ratification of and Second Amendment to Option and Lease Agreement dated
_, 202_ (hereinafter, collectively referred to as the "Agreement") for the purpose of
installing, operating and maintaining a communications facility and other improvements at
Landlord's real property located at 1701 Lowe Avenue, Sanford, FL 32771. All of the
foregoing is set forth in the Agreement.
2. The Agreement Term initially commenced August 1, 2002 and commencing on August 1,
2022, the parties agree to further extend the Agreement for four (4) additional five (5) year
terms.
3. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 1
annexed hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying, any of the terms, conditions or provisions of the
Agreement, all of which are hereby ratified and affinned. In the event of a conflict between
the provisions of this Memorandum of Lease and the provisions of the Agreement, the
provisions of the Agreement shall control. The Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, successors, and assigns, subject to the
provisions of the Agreement.
[SIGNATURES APPEAR ON THE NEXT PAGE]
Cell Site No. OR -081
Cell Site Name: Sanford West
Fixed Asset No. 10069630
Market: North Florida
Address: 1701 Lowe Avenue, Sanford, FL 32771
IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to
execute this Second Amendment on the dates set forth below.
LANDLORD:
City of Sanford, Florida,
a municipal corporation organized and existing
under the laws of Florida
By:
Name: NortonL. :B:o:n;a,Jr.
Title: City Manager
Date:
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager'
By:
Name: John Heggy
Title: Area Manager
Date: 1-2//9/ �
ATTEST:'f, ,..'•>`K
&—aa
Traci Houchin, City Clerk °<
Approve as to form and legal sufficiency:
.iiir��"'_'
illiam K. Colbert, City Attorney
Cell Site No. OR -081
Cell Site Name: Sanford West
Fixed Asset No. 10069630
Market: North Florida
Address: 1701 Lowe Avenue, Sanford, FL 32771
EXHIBIT "A"
(To Second Amendment)
INSURANCE REQUIREMENTS
(1) Tenant shall cavy or possess and continuously maintain the following insurance
coverage, from a company or companies, with a Best Rating of A- or better, authorized to do
business in the State of Florida and in a ACORD form and with insurance coverage or the level of
coverage as listed below:
(a) Workers Compensation/Employer Liability: Tenant shall provide Worker's
Compensation for all its employees. The limits will be statutory limits for
Worker's Compensation insurance and $1,000,000 each
accident/disease/policy limit for Employer's Liability.
(b) Commercial General Liability: Tenant shall provide coverage for its
operations including, contractual liability, products, complete operations,
and personal injury. Commercial General Liability per ISO form CGL 00
01 or its equivalent is to include premises/operations liability, products and
completed operations. The limits will be $2,000,000 per occurrence and in
the aggregate Combined Single Limit (CDL) or its equivalent.
(c) Commercial Automobile Liability: Tenant shall provide complete coverage
for owned and non -owned vehicles for limits of $2,000,000 each accident
CSL or its equivalent.
(d) Professional Liability: Tenant shall provide coverage for its professional
services performed. The limits will be $2,000,000 per claim and in the
aggregate CSL or its equivalent.
(e) Sex Abuse Liability: Tenant shall provide coverage with limits of
$1,000,000 CDL or its equivalent. Tenant self -insures this risk
(2) All insurance other than Workers Compensation and Tenant's self-insured risk to
be maintained by Tenant shall include the City as an additional insured by endorsement as respects
to this Agreement.
EXHIBIT B
AGREEMENT