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2016-011
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Last modified
2/3/2016 11:19:05 AM
Creation date
2/3/2016 10:43:59 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
02/02/2016
Control Number
2016-011
Agenda Item Number
8.F.
Entity Name
New Cingular Wireless PCS
Verizon Wireless Co-Tentants
TALCOM
AT & T Mobility
Subject
Corrected First Amendment to Lease Agreement
Third Version Communication Tower
Area
1340 Old Dixie Highway
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CORRECTED FIRST AMENDMENT TO LEASE AGREEMENT <br /> THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide <br /> for Co-location is entered into this 2nd day of February, 2016, between INDIAN RIVER <br /> COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27`h Street, Vero <br /> Beach, Florida, 32960 and New Cingular Wireless PCS, a Delaware limited liability company, <br /> by, ("TENANT"), whose address is 575 Morosgo Drive, Atlanta, Georgia 30324. <br /> WITNESSETH <br /> WHEREAS, COUNTY and TENANT entered into a Lease Agreement dated December <br /> 19, 1995 (the "Lease"), whereby TENANT would construct a communications tower on property <br /> leased from COUNTY located at 1340 Old Dixie Highway, Vero Beach, Indian River County, <br /> FL 32960, the legal description of which is attached as Exhibit "A" and incorporated by <br /> reference herein; and <br /> WHEREAS, TALCOM was the original Lessee on the Lease but over the ensuing 20 <br /> years, the cellular industry has seen frequent mergers and acquisitions which have resulted in <br /> New Cingular Wireless PCS as the current lawful and responsible Tenant under the terms of the <br /> Lease and this Amendment; and <br /> WHEREAS, TENANT desires to enter into that certain Co-Location Agreement (the <br /> "Co-Location Agreement") with Verizon Wireless Personal Communications LP, a Delaware <br /> limited partnership, d/b/a Verizon Wireless with its principal offices located at One Verizon <br /> Way, mailstop 4AW100, Basking Ridge, New Jersey 07920 ("Verizon") whereby Verizon may <br /> locate certain equipment and antennas to be more particularly described in the Co-Location <br /> Agreements on the "Property" and/or "Tower" (as defined in the Lease); and <br /> WHEREAS, Tenant has requested, and the County consents to amend the Lease to <br /> provide for Verizon to co-locate on the tower; and <br /> WHEREAS, the Tenant has provided an engineering report documenting the tower is <br /> capable of handling the additional equipment to be installed on the tower and that Verizon's co- <br /> located equipment will not interfere with the operation, quality or maintenance of any other <br /> equipment located on the tower and that the tower with Verizon's added equipment will be in <br /> compliance with all aspects of the Florida Building Code, local and federal regulations; and <br /> WHEREAS, the First Amendment.to Lease Agreement approved by the Board on May <br /> 19, 2015, and the Corrected First Amendment to Lease Agreement approved by the Board on <br /> September 15, 2015, is being further corrected by this document. <br /> WHEREAS, in connection with the foregoing, COUNTY and TENANT desire to amend <br /> the Lease as hereinafter set forth. <br /> NOW,THEREFORE, in consideration of the sum of the TEN AND NO/100 DOLLARS <br /> ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are <br /> hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as <br /> follows: <br /> 1 <br /> e i <br />
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