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r- 1, 0;,V �l 0j, PAGE f6o TO: Honorable Board of County Commissioners THROUGH: Jim Chandler, County Admi istrator FROM: Doug Wright, Director Emergency Services DATE: December 2, 1997 SUBJECT: First Amendment To Lease Agreement Between Indian River County And Talcom, Inc., To Provide For Tower Co -Location Agreements With PrimeCo Personal Communications and Sprint Spectrum At The Bailey Street Tower Site On December 19, 1995, the Board of County Commissioners approved a Lease Agreement with Talcom, Inc., leasing property (810 Bailey Street, Sebastian) for a communications tower to be constructed which benefitted both the County's 800 MHz communications system and Talcom's cellular phone communications system. Since the intent of the original lease was for the tower to be limited to the use of the County and Talcom communications systems equipment only, the First Amendment To Lease Agreement is now before the Board for the purpose of permitting Co -Location Agreements with other telecommunications providers based on the established policy of the County relating to towers and tower construction. Article 18 (c) of the original Lease Agreement referenced above provides that, as to other parties, the Agreement may not be sold, assigned, sublet, licensed or transferred, in whole or in part, without the prior written consent of the County. The First Amendment To Lease Agreement provides for Talcom, Inc., to enter into Co -Location Agreements with PrimeCo Personal Communications, L.P., and Sprint Spectrum, L.P., or any other third party telecommunications service provider pursuant to all fees being paid and all conditions of the original Lease Agreement being met. Staff has negotiated with Talcom wherein the County will receive one half ($15,000) of the $30,000 reimbursement amount (one time payment) paid to Talcom plus one half ($9,000) of the annual rent, which is expected to be $18,000 from each company co -locating on the tower. The revenue is planned to be utilized to assist in maintaining the 800 MHz communications system after it is accepted by the County. Only the language in Section 4 of the Original Lease Agreement is modified by the insertion of sub -paragraph (f), except for the address of Talcom which is noted in Section 18.d. The terms and provisions of the other parts of the Lease remain unmodified and continue in full force and effect. RECOMMENDATION: Staff recommends Board approval of the First Amendment To Lease Agreement and requests the Board authorize the Chairman to execute the necessary documents in this matter. ATTACHMENTS: 1. Copy of original Lease Agreement executed on December 19, 1995. 2. Fax copy of First Amendment To Lease Agreement. Original copies of the documents signed by Talcom, Inc., to be provided prior to December 9, 1997. 50 December 9, 1997