|
Lessee Site Name: IRC EMS Station
<br />Lessee Site Number: 62715
<br />A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R SMITH, CLERK
<br />FIRST AMENDMENT TO TOWER AND GROUND SPACE LEASE
<br />This First Amendment to Tower and Ground Space Lease (the "Amendment") is made this
<br />15th day of spptember , 2015, between Indian River County, a political
<br />subdivision of the State of Florida, by and through its Board of County Commissioners ("Lessor"), and
<br />Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless
<br />("Lessee"). Lessor and Lessee are at times collectively referred to herein as the "Parties," or individually
<br />as the "Party."
<br />RECITALS:
<br />WHEREAS, Lessor and Lessee's predecessor in interest entered into a certain Tower and Ground
<br />Space Lease, dated August 5, 1997 (the "Lease"), as evidenced by a Memorandum of Tower Space
<br />Lease, dated August 5, 1997 (the "Memorandum"), recorded in Official Records Book 1207, Page 851,
<br />in the Public Records of Indian River County, Florida.
<br />WHEREAS, under the terms of the Lease, Lessor granted to Lessee an easement for ingress and
<br />egress (the "Access Easement") from the public right-of-way to the demised premises in a location more
<br />specifically described in the Memorandum (the "Original Access Easement Area").
<br />WHEREAS, the Parties desire to relocate the Access Easement from the Original Access
<br />Easement Area to the Relocated Access Easement Area (defined below) as more particularly set forth in
<br />this Amendment.
<br />NOW, THEREFORE, in consideration of the promises hereinafter made and other good and
<br />valuable consideration, the receipt and sufficiency of which hereby is acknowledged, the Parties agree as
<br />follows:
<br />1. Recitals; Definitions. The Parties stipulate and agree that all recitals contained above are
<br />true and accurate and herein incorporated into this Amendment. All capitalized terms in this Amendment,
<br />not otherwise defined in this Amendment, shall have the meaning ascribed to them in the Lease.
<br />2. Grant of Relocated Access Easement. Lessor hereby grants, bargains, sells, and releases
<br />unto Lessee, its successors and assigns, a nonexclusive easement for ingress and egress, seven (7) days a
<br />week twenty-four (24) hours a day, on foot and motor vehicle, including trucks, over or along a portion of
<br />the property owned by Lessor (the "Relocated Access Easement Area") which Relocated Access
<br />Easement Area is more particularly described in Exhibit A attached hereto and made a part hereof
<br />3. Release of Access Easement in Original Access Easement Area. Lessee releases unto
<br />Lessor the Access Easement in the Original Access Easement Area, without, however, releasing any
<br />rights granted to Lessee under Section 2 of this Amendment.
<br />4. Successors and Assigns. The terms of this Amendment shall be binding on and shall
<br />inure to the benefit of Lessee and its successors, assigns, and tenants, but the foregoing shall not be
<br />deemed a waiver of any of the rights under the Lease.
<br />5. Miscellaneous. To the extent there is any discrepancy between the Lease and this
<br />Amendment, this Amendment shall control. Except as amended by the terms of this Amendment, all of
<br />the terms, covenants and conditions of the Lease, and the rights and obligations of the Lessor and Lessee
<br />thereunder shall remain in full force and effect and hereby are ratified and affirmed. Lessor affirms that
<br />no breach or default by either Party has occurred, and no event has occurred which after the giving of
<br />1
<br />
|