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2023-157
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2023-157
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Last modified
8/24/2023 2:08:09 PM
Creation date
8/24/2023 2:05:46 PM
Metadata
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
08/15/2023
Control Number
2023-157
Agenda Item Number
8.W.
Entity Name
Dish Wireless L.L.C.
Subject
First Amendment for Dish Network Cell Site Lease Agreement
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i <br />FIRST AMENDMENT TO SITE LEASE AGREEMENT <br />THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT ("Amendment"), dated as of the latter of <br />the signature dates below, is by and between Indian River County, a political subdivision of the State of Florida, <br />having a place of business at 1801 271 St, Vero Beach, FL 32960 ("Landlord") and DISH Wireless L.L.C, a Colorado <br />limited liability company, having a place of business at 9601 S. Meridian Blvd., Englewood, CO 80112 ("Tenant"). <br />WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated November 16, 2021 (the <br />"Lease"), whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property <br />located at 3901 261 St, Vero Beach, FL 32960; and <br />WHEREAS, Landlord and Tenant desire to amend the Lease to further specify the easement area; and <br />WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Lease as set forth below <br />accordingly. <br />NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt <br />and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: <br />1. Paragraph 2.1 is hereby deleted and replaced with the following: <br />2.1 Premises. Landlord is the owner of the Structure and Property located at 3901 26th St, Vero Beach, FL 32960, as <br />more particularly described in Exhibit A. Landlord leases to Tenant (a) approximately one hundred (100) square feet <br />of ground space, and (b) space on Landlord's Structure, all for the use and operation of Tenant's facilities as such are <br />initially described in Exhibit B, collectively referred to as the "Premises". Landlord also grants to Tenant an easement <br />for utilities, fiber and access to the Premises as more particularly described in Exhibit C. Landlord agrees that providers <br />of utility or fiber services may use such easement(s) and/or available conduit(s) for the installation of any equipment <br />necessary to provide utility or fiber service. If the existing utility or fiber sources located within the Premises or on <br />the Property are insufficient for Tenant's Permitted Use, Landlord agrees to grant Tenant and/or the applicable third <br />party utility or fiber provider the right, at Tenant's sole cost and expense, to install such utilities or fiber on, over <br />and/or under the Property as is necessary for Tenant's Permitted Use; provided that Landlord and Tenant shall <br />mutually agree on the location and timing of such installation(s). <br />2. Exhibit C. The Lease shall be amended to include the attached survey as Exhibit C. <br />3. Other Terms and Conditions Remain. In the event of any inconsistencies between the Lease and this <br />Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, <br />the Lease otherwise is unmodified and remains in full force and effect. Each reference in the Lease to itself <br />shall be deemed also to refer to this Amendment. <br />4. .Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as <br />defined in the Lease. <br />[Remainder ofpage intentionally left blank. Signature page follows.] <br />40 <br />mm� <br />
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