3/30/2017 4:36:42 PM
9/21/2015 11:56:40 AM
Official Document Type
Agenda Item Number
New Cingular Wireless PCS
Corrected First Amendment to Lease Agreement
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />1. The recitations set forth above are true and correct and are incorporated herein by this <br />reference. In the event of any conflict or ambiguity between the tet ins and provisions of <br />this Amendment and the terms and provisions of the Lease; this Amendment shall control. <br />2. Pursuant to paragraph 12 of the 1995 Lease, Verizon shall name the County as an additional <br />insured on any policy of insurance required by Tenant. Tenant shall supply the County <br />with a copy of the proof of insurance. <br />3. The following is inserted as Section 4.f of the Lease: <br />"Notwithstanding anything to the contrary contained herein and subject to COUNTY's <br />prior written consent, which shall not be unreasonably withheld, conditioned or delayed, <br />TENANT, in addition to all other rights granted TENANT under the Lease, shall have the <br />right to sublease any part of the Property, Tower or Equipment Building to any third party <br />telecommunication service provider, including, but not limited to Verizon, or to enter into <br />. the Co -Location Agreements with Verizon or any other such co -location agreement with <br />any third party telecommunication service provider; provided, however, that such <br />subleasing of any part of the Property, Tower or Equipment Building to Verizon pursuant <br />to the Co -Location Agreements, or any other sublease or co -location by any third party <br />telecommunication service provider shall not interfere with COUNTY's <br />telecommunications facilities or equipment which may then or thereafter be located on <br />the Property or Tower, or COUNTY's use of the Property, Tower and/or Equipment <br />Building in such a manner as to violate Section 5 of this Lease. Subject to the foregoing, <br />by COUNTY's execution of this Amendment, COUNTY hereby expressly consents to the <br />Co -Location Agreements and TENANT's subleasing of portions of the Property, Tower <br />and Equipment Building to Verizon as more particularly described in the Co -Location <br />Agreements. TENANT shall remit to COUNTY, one-half (1/2) of any rent actually <br />received by TENANT required to be paid by Verizon under the Co -Location Agreements, <br />or by any other such third party telecommunication service provider under any such other <br />sublease or co -location agreement which TENANT may enter into pursuant to this Section <br />4.f. The rent during the initial tettit of the Co -location Agreement shall be $24,342.48 <br />annually; such rent shall increase by three percent (3%) on each anniversary of the <br />commencement date of the Co -location Agreement. <br />4. The address of TENANT as set forth in Section 18.d. of the Lease is hereby deleted in its <br />entirety and the following is inserted in its place: <br />As to TENANT: New Cingular Wireless PCS, LLC <br />Attn: Network Real Estate Administration <br />Re: Cell Site #: 7248; Cell Site Name: IR002NERO BEACH (FL) <br />Fixed Asset No: 10080597 <br />575 Morosgo Drive NW <br />Atlanta, GA 30324 <br />With a copy to: <br />New Cingular Wireless PCS, LLC <br />Attn: Legal Department <br />208 S. Akard Street <br />Dallas, Texas, 75202-4206 <br />2 <br />
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