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2015-241
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2015-241
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Last modified
3/31/2017 9:55:03 AM
Creation date
12/17/2015 10:18:58 AM
Metadata
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Template:
Official Documents
Official Document Type
Lease
Approved Date
12/15/2015
Control Number
2015-241
Agenda Item Number
8.B.
Entity Name
Florida 2B MPL Tower Holdings
Subject
Lease extension Second Amendment
Winter Beach Tower
Area
3925 65th St.
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A TRUE COPY <br />CERTIFICATION ON LAST PAQE <br />J.R. SMITH, CLERK <br />(c) Subleases. From and after the Effective Date, Lessee shall have the right to sublease. license <br />and grant others the right to use all or any portion of the Premises (each a "Sublease") to any other parry or <br />multiple parties (each a "Sublessee"), with the consent of Lessor, which consent shall not be unreasonably <br />withheld, delayed or conditioned. In the event Lessee intends or desires to grant a Sublease to any Sublessee <br />following the Effective Date, Lessee shall provide written notice of such intent together with the name of such <br />Sublessee to Lessor (such notice hereinafter referred to as a "Notice of Sublease"). Lessor shall have a period of <br />thirty (30) days following the receipt of any such Notice of Sublease to review, approve or object to such grant of <br />such Sublease In the event Lessor fails to consent or provide written objections to such Sublease within thirty <br />(30) days following Lessors receipt of a Notice of Sublease, such consent shall be deemed granted and Lessee may <br />thereafter make and enter into such Sublease with the Sublessee, or an affiliate thereof, as set forth in the Notice of <br />Sublease. <br />Lessee and any Sublessee, and Lessee's other licensees and users of the Property shall have the right. at <br />their sole cost and expense, to place, maintain, use, operate, repair and replace antennas, transmitters. cabinets <br />shelters, improvements, generators, and other installations within the boundary of the Premises and within any <br />access or utility easement appurtenant thereto or set forth in the Agreement, and do make and install any and all <br />appurtenant improvements that may be deemed necessary or advisable for the construction, installation use <br />maintenance, repair, replacement or operation thereof, at any time and from time to time during the term of the <br />Agreement. <br />(d) Sublessee Additional Rent. As consideration for any sublease, license or a grant of use to anv <br />Sublessee first made, entered into or granted by Lessee to any Sublessee after the Effective Date of this Second <br />Amendment to any Sublessee that is not, as of the Effective Date, a Sublessee, licensee or other user of the <br />Premises, Lessee shall pay to Lessor an amount equal to thirty-three percent (33%) of the recurring rental <br />payments actually received by Lessee from each such Sublessee (excluding any reimbursement of taxes. <br />construction costs, installation costs, revenue share reimbursement or other expenses incurred by Lessee in <br />installing the such Sublessee)(hereinafter "Sublessee Additional Rent") Any applicable Sublessee Additional <br />Rent shall commence upon the first day of the first month following the receipt of such payments by Lessee from <br />such Sublessee, and continuing thereafter until the earlier of (1) the expiration of the Agreement or (ii) the <br />cessation of use by such Sublessee of the Premises as evidenced by a written notice of such termination or <br />cessation by Lessee to Lessor As set forth in Section 2 of this Amendment, Verizon Wireless is to be considered <br />a "Sublessee" within the meaning set forth herein. <br />(e) One -Time Payment. As additional consideration for this Second Amendment. Lessee agrees to <br />pay Lessor a one-time amount of Ten Thousand and No/100's Dollars (510,000 00) (hereinafter "Bonus <br />Payment"), which amount shall be due and payable sixty (60) days following the full execution and delivery of <br />this Second Amendment. Lessor acknowledges that the Bonus Payment may be paid by CCATT LLC <br />(hereinafter "Crown") on behalf of Lessee, and Lessor agrees to accept the Bonus Payment from Crown a <br />complete accord and satisfaction of the obligation of Lessee in this Section Upon payment of the Bongs <br />Payment by Crown, Lessor waives and releases Lessee and Crown from any and all claims Lessor may have <br />pursuant to the Agreement or this Second Amendment related to or arising out of the Bonus Payment <br />4. Miscellaneous Capitalized terms not otherwise defined herein shall have the meanings set forth in <br />the Agreement. Except as otherwise expressly amended herein, all the terms and conditions of the Agreement <br />shall remain and continue in full force and effect. The recitals set forth in this Second Amendment are <br />incorporated herein by reference. This Second Amendment shall be binding upon the heirs, legal representatives, <br />successors and assigns of the parties. The parties shall execute and deliver such further and additional instruments, <br />agreements and other documents as may be necessary to evidence or carry out the provisions of this Second <br />Amendment. This Second Amendment may be executed in two (2) or more counterparts and by facsimile, each of <br />which shall be deemed an original, but all of which together shall constitute but one and the same instrument Ani <br />FA. 10023046 <br />BUN 840753 — TC VERO <br />Second Amendment <br />
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