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05/19/2015 (4)
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05/19/2015 (4)
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Last modified
12/26/2018 1:17:06 PM
Creation date
8/12/2015 1:26:13 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/19/2015
Meeting Body
Board of County Commissioners
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FIRST AMENDMENT TO LEASE AGREEMENT <br /> THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide <br /> for Co-location is entered into this day of , 2015, between INDIAN RIVER <br /> COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27th Street, Vero <br /> Beach, Florida, 32960 and AT&T MOBILITY, LLC, a Delaware Limited Liability Company, by <br /> AT&T Mobility Corporation, its manager, ("TENANT"), whose address is 2300 Northlake Center <br /> Drive, Room 4W-125, Workspace 4W-77, Tucker, GA 30084. <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, FL <br /> 32960, the legal description of which is attached as Exhibit "A" and incorporated by reference <br /> 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 /> AT&T Mobility as the current lawful and responsible Tenant under the terms of the Lease and this <br /> Amendment; and <br /> WHEREAS,TENANT desires to enter into that certain Co-Location Agreement(the "Co- <br /> Location Agreement") with Verizon Wireless Personal Communications LP, a Delaware limited <br /> partnership,d/b/a Verizon Wireless with its principal offices located at One Verizon Way,mailstop <br /> 4AW100, Basking Ridge, New Jersey 07920 ("Verizon") whereby Verizon may locate certain <br /> equipment and antennas to be more particularly described in the Co-Location Agreements on the <br /> "Property" and/or "Tower" (as defined in the Lease); and <br /> WHEREAS,Tenant has requested and the County consents to amend the Lease to provide <br /> 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, 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 follows: <br /> 1 <br /> 184 <br />
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