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St) <br />Office O f Consent 12/13/ 2015 <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />MEMORANDUM <br />TO. Board of County Commissioners <br />THROUGH: Manny Cabo, Telecommunications Manager <br />FROM: William K. DeBraal, Deputy County Attorney <br />DATE December 7, 2015 <br />SUBJECT: <br />Lease Extension and Second Amendment to Lease Agreement for Winter <br />Beach Tower at 3925 65th Street <br />In 1990, the County entered into a Lease Agreement with Bellsouth Mobility, Inc., for Bellsouth to <br />lease ground space under the Winter Beach tower located at 3925 65th Street. The last 25 years <br />have seen frequent mergers and acquisitions which have resulted in FLORIDA 2B MPL TOWER <br />HOLDINGS LLC, a -Delaware limited liability company (Florida 2B) as the current Tenant under the <br />terms of the Lease. Their attorney, in fact, CCATT LLC, ("CCATT") through their agent Crown Castle <br />is seeking permission from the County to continue to lease ground space to enable Verizon Wireless <br />to collocate on the tower but this Second Amendment is needed for old equipment to be replaced by <br />new equipment at the base of the tower. They also seek an extension of the current lease through <br />2046. <br />Under the terms of the Second Amendment, the County would receive a one-time payment of <br />$10,000 for entering into the Second Amendment. In addition, the County would receive 33% of <br />recurring rental payments for new sublessees on the tower The original Lease Agreement calls for <br />the County to be provided with engineering reports that will document the tower's ability to handle <br />the increased loading from new tenants. The County will also be named as an additional insured for <br />any new entities subleasing space on the tower. <br />The current Amended Lease runs through 2026. The Second Amendment will coincide with the <br />current Lease and provide additional rental income when new tenants move onto the tower Any <br />leases will be subject to a 4% increase in that rate each year after 2026. By executing the Second <br />Amendment, the County will give its consent to the necessary permitting and testing that will need <br />to be performed in order to install the new antenna array and associated equipment on the tower <br />Funding: There is no funding associated with this item. <br />Recommendation: The County Attorney's Office recommends the Board approve the Lease <br />Extension and Second Amendment for the Winter Beach Tower at 3925 65th Street site and authorize <br />the Chairman to execute the Second Amendment on behalf of the Boar <br />c: Manny Cabo <br />Merida•Bowens, Crown Castler'PROVED FOR 1 =%J <br />1-3.C.0 MEETING - CO:NSENLAGENDA <br />COUNTY AT TORNEY <br />I;naian Mise; Ca <br />Approved <br />Dale <br />Admin. <br />40 <br />1 10 IJ <br />Legal <br />Budget <br />• <br />SII '"... <br />v,MEM" <br />Deal. <br />L7 <br />9Si <br />Risk Mar. <br />— <br />.— <br />