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r 7 o q <br /> SECOND AMENDMENT TO FREQUENCY RLCONIAGURATION .aC. 12F, E111ENT ao ( 9 <br /> I his ec.` nd amendment to the frequency recontwUration agreement ( tile IftAmendment ) is dated this 17th day of <br /> %r^ch 2009 . ( the " E11cctivc Date" ) atncirds and rcviseS the Frequency Rccontiguration Agreement ( the " FRA <br /> ) , <br /> dated L)ccembcr 4 - 2007 - as amended . hctween the County of Indian River , a political subdivision of <br /> clic State ol, <br /> Florida , ( " Irncumbernr - ) . and Nextel South Corporation ( " Nextel ) , a wholly owned indirect subsidiary of Sprint <br /> Ncxtel <br /> Corporation , a K : ms.�is corporation (' each retcrred to in this Agreement as a " Pariv' and Col leciively as the Parties <br />. ' ) <br /> Recitals <br /> Ile FRA was previouSly ,emended on Scptenrbcr 10 , 2008 , the First Amendmcrtt . <br /> R . `section 2 -5 of the FRA , requires that any amendment to an executed FRA be by a vvi, itten <br /> a (rrccmcrl authorized by the represcrrtativcs of all Parties with Such Amendment to be apprulilcd by flee " l ` ransition <br /> ;1d: rrirt.istrator ( tile " l A " ) . <br /> C ' . Subsequent to the Partics signing of the LA , Change Orders were received from the Incumbent <br /> rcqueStirt �.; a S16 , 692) . 16 increase in legal fees as well its additional infrastructure equipment on SchedLAIC <br /> C; and <br /> additional Sel,iedule 17 equipment that includes additional radios . <br /> D . The Parties desire to amend the FRA Schedule C and Schcdulc 1-) to reflect the Change Orders . <br /> For uood and aluablc consideration, the receipt of which the Parties hereby acknowled c , ] ncumbcnt and Nexicl <br /> hcrcby agree to emend the Aueentent as follows : <br /> 1 . Schedule C- Schedule C is deleted in its entirety and replaced with the attached amended Schedule C . I <br /> lie <br /> amended Schcdulc C increases the legal fees by Sixteen Thousand six Hundred Ninety -Two dollars <br /> and <br /> Sixteen cents ( SI6 . G92 . I6 ) to account for previuusly unanticipated legal expenses a Nx* cll as anticipated future <br /> expense:, . The amended legal expenses total Forty-Five Thousand Nine Ilundred Seventeen dollars and <br /> sixtet° n cents ( S45 , 91 7 . 16 ) . }= our Hundred and Four dollars ( 5404 ) for adapter; IS added the <br /> schedule ' file <br /> total costs fir Schedule C are amended and increased to Nine I lundred ' I wenty- 111ve Thousand I <br />hree <br /> fundred Sweetly - I WO dollars and Sixty- Six cents ( 5925 , 372 . 66 ) . <br /> 2 . Schedule I)- Schedule D is deleted in its entirety and replaced with the attached amended Schedule I ) . <br /> 3 . Chane Orders : The C' hanoe Orders amending Schedule C' and Schedule 1-) is attached as Exhibit 1 . <br /> All capitalized terms not defined herein ;hall have the detinitions set tinrth in the Agreement . Except is set <br /> ii > nh <br /> above . there Is n(- other recision or intendment to the Atyreement or lite obligations oi ' the Incanthent and <br /> Nextel , and the <br /> A( YI-ecrrrcnt remain , in full liu-cc and CITect . <br /> 1N WITNESS NV1IERFO F - the Parties have shined this :Amendment as of the date first 4vritten above . <br /> incumbent : Nextel : <br /> Cornry.v-of' lndian K * \ cr ( k' Ll Nextel South Corporation <br /> Ry ' _ r — -- - - 13y : .: r <br /> Nantc : We s l t% y S . D V i S Name : Vl' illiam Jenkins <br /> ' I - itle : Ch : iirrt <: n Title : Vice President Spectrum Transitirnts <br /> ApprM ej: <br /> �' '� llkcst ; .I . r �i :rri�att . C ' ierk ,' <br /> ! r u ; nhrrtt (. unt llls i ; n Ikkcl . t i <br /> 0LNQ101 6- <br />