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2011-228B
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2011-228B
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Last modified
2/18/2016 10:49:09 AM
Creation date
10/1/2015 3:00:56 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Third Amendment
Approved Date
11/08/2011
Control Number
2011-228B
Agenda Item Number
12.1.2.A.
Entity Name
Pinnacle Tower LLC
Subject
Third Amendment to License Radio Telecommunications
WGYL Tower
original agreement 3/17/1992
Alternate Name
Pinnacle Towers Inc.
Supplemental fields
SmeadsoftID
10322
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3 . Defined Terms . Any capitalized terms not defined herein shall have the meanings <br /> ascribed to them in the License Agreement . <br /> 4 . Term Commencement Date . The parties hereby ratify and affirm that the <br /> commencement date for the term of the License Agreement was June 22 , 1993 . <br /> 5 . Term of License . The License Agreement currently provides for a term of thirty <br /> ( 30 ) years with an expiration date of June 21 , 2023 . The License Agreement is hereby amended to <br /> provide for a term of forty - five (45 ) years . The new final expiration date will be June 21 , 2038 . <br /> 6 . Notice . The License Agreement is hereby amended to provide for notice addresses <br /> for Licensor and Licensee as follows : <br /> LICENSEE : Pinnacle Towers LLC <br /> c/o Crown Castle USA Inc . <br /> Attn : Legal Department <br /> Site ID# 870578 and 870579 — Vero Beach ( Old Dixie Hwy) <br /> 2000 Corporate Drive <br /> Canonsburg , PA 15317 <br /> LICENSOR : Indian River County Board of Commissioners <br /> 180027 1h Street <br /> Vero Beach, Florida 32960 <br /> 7 . Revenue Share . In addition to the rent currently paid by Licensee to Licensor <br /> pursuant to the License Agreement, if, after the full execution of the License Amendment, Licensee <br /> sublicenses the Licensed Premises to an unaffiliated third party not already a Sublicensee on the <br /> Licensed Premises (each a " Future Sublicensee " ) , Licensee agrees to pay to Licensor twenty-five <br /> percent (25 % ) of the rental payments actually received by Licensee from such Future Sublicensee <br /> ( excluding any reimbursement of taxes , construction costs , installation costs , revenue share <br /> reimbursement or other expenses incurred by Licensee) (the " Additional Rent " ) within thirty (30) <br /> days after receipt of said payments by Licensee . Upon written request of Licensor and not more than <br /> once annually, Licensee shall provide a statement of rent to Licensor . <br /> 8 . Annual Rent Adiustment . Commencing on January 1 , 2012 and annually on <br /> January l st , throughout the remainder of the License Agreement thereafter ( each an " Adjustment <br /> Date " ) , the monthly rent shall increase by the greater of (i ) the amount equal to the change in the <br /> Consumer Price Index -All Urban Consumers for the South Region ( " CPI -U , South Region " ) during <br /> the immediately preceding year or (ii) Five Hundred Dollars ($ 500 . 00) . The change in the <br /> Consumer Price Index shall be determined by dividing the CPI -U , South Region indicator, <br /> published three (3 ) months prior to the Adjustment Date , by the CPI- U , South Region indicator, <br /> published one ( 1 ) year and three (3 ) months prior to the Adjustment Date , and multiplying the <br /> resultant number by the monthly lease rental amount of the most recent rent. Such rent escalations <br /> shall replace any rent escalations currently in the License Agreement . <br /> Site Name : Vero Beach ( Old Dixie I lwy ) 2 <br /> BU# : 870578 and 870579 <br />
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