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06/21/2022
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06/21/2022
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Last modified
7/25/2022 10:31:20 AM
Creation date
7/25/2022 10:11:06 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/21/2022
Meeting Body
Board of County Commissioners
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STATE OF FLORIDA <br />COUNTY OF INDIAN RIVER <br />THIRD AMENDMENT TO LEASE AGREEMENT <br />THIS THIRD AMENDMENT TO LEASE AGREEMENT (the "Amendment") is <br />made and entered into effective as of the last date of execution set forth below, by and between <br />INDIAN RIVER, COUNTY, a political subdivision of the State of Florida, having a mailing <br />address of 1801 27th Street, Vero Beach, Florida 32960 ("LESSOR'), and FLORIDA 2B MPL <br />TOWER HOLDINGS LLC, a Delaware limited liability company, successor in interest to <br />Florida RSA No. 2B (Indian River) Limited Partnership, successor in interest to BellSouth <br />Mobility, Inc., a Georgia corporation ("TENANT"). <br />WITNESSETH: <br />WHEREAS, LESSOR and BellSouth Mobility, Inc. entered into that certain Option and <br />Lease Agreement dated August 14, 1990 (the "Original Agreement"), covering certain real <br />property, together with an easement for ingress, egress and utilities thereto, as more fully described <br />in the Original Agreement, as amended (the "Leased Premises"); <br />WHEREAS, LESSOR and TENANT entered into that certain First Amendment dated <br />November 18, 2014.(the "First Amendment") and that certain Lease Extension and Second <br />Amendment dated January 25, 2016 (the "Second Amendment", and together with the First <br />Amendment and the Original Agreement, the "Agreement"); <br />WHEREAS, the Agreement has an original term (including all extension terms) that will <br />terminate on January 20, 2046 (the "Original Term") and the parties desire to amend the <br />Agreement as set forth herein. <br />NOW, THEREFORE, in consideration of the premises and the mutual covenants and <br />agreements contained herein, the sufficiency of which are hereby acknowledged, the parties hereby <br />agree as follows: <br />1. CONSENT. LESSOR hereby consents to TENANT subleasing or licensing space at the <br />Leased Premises to Dish Wireless, LLC, its subsidiaries and affiliates. In consideration of <br />such consent, TENANT shall make payments to LESSOR with respect to such sublease or <br />license as provided in Section 3(d) of the Second Amendment. <br />BU# 840753; Vero 49 <br />47606129v4 <br />
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