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10/1/2015 3:36:25 AM
Official Document Type
Agenda Item Number
Verizon Wireless Communications
Amendment to Tower and Ground Space Lease
Gifford Water Tower No.62716
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Afel <br /> Lessee Site I . D . : Gifford Water N 6. 27 6 <br /> AMENDMENT TO 'POWER AND GROUND SPACE LEASE <br /> This Amendment to ' tower and Ground Space Lease (the " Amendment ") is made and entered <br /> into this 9th day of June_ 2009 by and between the Indian River County Board of County <br /> Commissioners ( ` Lessor" ) and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless <br /> (" Lessee") , <br /> RECITALS : <br /> WHEREAS , Lessor and PrimeCo Personal Communications , L . P . (now known as Lessee) , <br /> executed a Tower and Ground Space I.,ease, with a commencement date of August 5 , 1997 (the <br /> "Agreement " ) , whereby Lessor leased to Lessee space on Lessor's tower and floor space (collectively, the <br /> " Premises " ) on Lessor' s property located at 28 `x' Court , Vero Beach , Indian River County, Florida ; and <br /> WHERIA; AS , the parties hereto desire and intend to amend certain terms of the Agreement as <br /> provided herein ; <br /> NOW , THEREFORE , in consideration of the mutual covenants herein set forth and other good <br /> and valuable consideration, the receipt and sufficiency of which is hereby acknowledged , the parties <br /> hereby agree as follows : <br /> 1 . Capitalized terms not defined in this Amendment shall have the same meaning as such terms have <br /> in the Agreement . <br /> 2 . The Agreement is hereby amended as follows : <br /> A . Paragraph 2 of the Agreement is amended to provide that the floor space for installation <br /> of the communication equipment described in the Agreement is hereby expanded to <br /> include an additional 4 ' x 7 ' ( 28 square feet) area (the " Additional Lease Area " ) <br /> for <br /> Lessee ' s installation of a 500 gallon maximum propane tank , as shown on Exhibit A- 1 <br /> attached to this Amendment and incorporated herein by reference . Lessor agrees that <br /> Lessee shall be permitted to install a propane tank on the Additional Lease Area , together <br /> with all applicable utility wires , poles , cables , conduits and pipes running from the <br /> Additional Lease Area to the Premises . Said tank will remain on the Additional Lease <br /> Area and become a part of Lessee ' s communication equipment . Exhibit A of the <br /> Agreement is hereby replaced by Exhibit A- 1 attached hereto . <br /> B . Under Paragraph 3 of the Agreement, the Agreement is currently in the second (2 "d) 5 - <br /> year extension period , which period is set to expire on August 4 , 2012 . There are two (2 ) <br /> additional , successive 5 - year extension periods remaining under Paragraph 3 of the <br /> Agreement . Lessor hereby grants to Lessee two (2 ) additional , successive 5 -year <br /> extension periods on the same terms as set forth in Paragraph 3 of the Agreement , so that <br /> as of the effective date of this Amendment , Lessee shall have four ( 4 ) additional , <br /> successive 5 -year extension periods remaining under the Agreement after the current 5 - <br /> year extension period . <br /> C . Commencing on August 1 , 2009 , the annual rent shall increase by One Thousand Two <br /> Hundred and No/ 100 Dollars ( $ 1 , 200 . 00) to reflect rental payment for the Additional <br /> Lease Area and shall increase at the same rate as annual rent increases pursuant to the <br /> Agreement . <br /> 1 <br />
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