2009-154 - Laserfiche WebLink

Home Browse Search

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