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 />CORRECTED FIRST AMENDMENT TO LEASE' AGREEMENT <br />THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide <br />for Co -location is entered into this 15th day of september, 2015, between INDIAN RIVER <br />COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27th Street, Vero <br />Beach, Florida, 32960 and New Cingular Wireless PCS, a Delaware limited liability company, by, <br />("TENANT"), whose address is 575 Morosgo Drive, Atlanta, Georgia 30324. <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 New <br />Cingular Wireless PCS as the current lawful and responsible Tenant under the terms of the Lease <br />and this 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, the First Amendment to Lease Agreement approved by the Board on May <br />19, 2015, is being corrected by this document to reflect the proper TENANT with the proper <br />addresses; 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 />
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