6/29/2016 11:34:37 AM
9/30/2015 11:32:04 PM
Official Document Type
Agenda Item Number
Verizon Wireless Personal Communications
Stealth Flagpole Sea Oaks Wastewater Treatment Plant
8865 N. Hwy. A1A
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1E <br /> (A <br /> Lessee's Site ID: Indian River Sea Oaks. No. 69022 <br /> Sublessee's Site ID: A2P0130A Verizon Vero Flagpole <br /> TRI-PARTY SUBLEASE AGREEMENT <br /> This Tri-Party Sublease Agreement ("Agreement") is made and entered into this 18 <br /> day of December , 2007 by and among INDIAN RIVER COUNTY, a political <br /> subdivision of the State of Florida, with a mailing address located a1801 27th Street, Vero Beach, <br /> Florida 32960, hereinafter designated "Owner", and VERIZON WIRELESS PERSONAL <br /> COMMUNICATIONS LP d/b/a Verizon Wireless, with its principal office located at One Verizon <br /> Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920, hereinafter designated "Lessee", and <br /> T-MOBILE SOUTH LLC, a Delaware limited liability company, with its mailing address located <br /> at 12920 SE 38`x' Street, Bellevue, Washington 98006, hereinafter referred to as "Sublessee" . <br /> RECITALS <br /> WHEREAS, Owner is the owner of certain real property situated at 8865 N . Hwy. A I A, <br /> Vero Beach, Indian River County, Florida 32963 (hereinafter the "Property") . <br /> WHEREAS , Owner and Lessee entered into that certain Land Lease Agreement dated <br /> February 20, 2007 (hereinafter referred to as the "Prime Lease"), attached hereto as Exhibit 1 , <br /> whereby Lessee leased a portion of the Property legally described in the Prime Lease (herein the <br /> "Premises") for the purpose of constructing and operating a communications tower and facilities. <br /> WHEREAS , Sublessee desires to sublease from Lessee both ground space and tower <br /> space to install, maintain and operate a communications facility. <br /> WHEREAS, Section 32 of the Prime Lease requires any sublessee co-locating within the <br /> Premises to execute this Agreement. <br /> WHEREAS, this Agreement shall constitute Lessee's written notice to Owner of a <br /> sublease of the Premises as required by Section 32 of the Prime Lease. <br /> NOW, THEREFORE, for and in consideration of the covenants and conditions set forth <br /> herein, and other good and valuable consideration, the receipt and sufficiency of which are <br /> hereby acknowledged, the parties hereto hereby agree as follows: <br /> 1 . The foregoing Recitals are true and correct and are incorporated herein by <br /> reference. <br /> 2 . Pursuant to Section 32 of the Prime Lease, Sublessee acypowledges and agrees <br /> that any sublease rent due under that certain Lease Supplement dated <br /> 2007, by and between Lessee and Sublessee, hereinafter referred to as the "Sublease", is to be <br /> split equally between Owner and Lessee and that Sublessee is obligated on the first ( I ') day of <br /> each month during the term of the Sublease to pay Owner for its fifty percent (50%) share of said <br />
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