The URL can be used to link to this page

Home My WebLink About2006-183 GnIGINAL c2� 6406 — l �; 3 SECOND AMENDMENT TO LICENSE This Second Amendment to License ("Amendment") is made and entered into as of the 6 day of ) a tj e , 2006, by and between Pinnacle Towers LLC, successor in interest to Pinnacle Towers, Inc. by way of Delaware conversion , assignee to Sandas Communications Limited Partnership 11 ("Licensee") and Indian River County Board of Commissioners (the "Licensor") . RECITALS WHEREAS, Licensee leases from Licensor a portion of certain real property (the "Licensed Premises" or the "Site") located at 901 13` Place, Vero Beach, FL (the "Property") pursuant to that certain License Agreement dated March 17, 1992 and as amended pursuant to that certain amendment dated June 22 , 1993 (the "Agreement"); and WHEREAS , Licensee and Licensor desire to amend the Agreement on the terms and conditions contained herein. OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the one time sum of $ 10 . 00 , the mutual covenants contained herein, as well as other good and valuable consideration outlined herein, the receipt and sufficiency of which is hereby acknowledged , the Licensor and Licensee hereby agree as follows : 1 . The Background recitals hereinabove are true and correct and are incorporated herein by this reference . 2 . The Licensor and Licensee hereby acknowledge, ratify, and confirm, each party ' s interest in and to the Agreement, that the Agreement is in full force and effect, that there are no existing defaults pursuant to the terms of the Agreement, and that each has full right and authority to execute this instrument. To the extent this Amendment conflicts with the terms of the Agreement, the terms of this Amendment shall prevail . 3 . The terms and provisions of the Agreement are hereby restated and incorporated herein by this reference, amended only as more particularly described hereinafter. 4 . Licensed Premises . The parties agree and acknowledge that Licensor owns , in fee simple, the property as further described on the attached Exhibit A . Licensor and Licensee hereby agree and acknowledge that the portion of the Property leased pursuant to the Agreement is described on the attached Exhibit A- 1 . Licensor and Licensee also hereby acknowledge that such description shall be replaced with an as-built survey that will reflect a true and accurate legal description of the Licensed Property and hereby replaces any previous description contained in the Agreement. The as- built survey shall be reviewed and approved by Licensor as a condition subsequent to this Amendment and Pinnacle Second Amendment I shall be the true and accurate legal description of the Licensed Property. Licensor further agrees to provide Licensee with easements from the Licensed Property to the existing guy wire anchors on the property. The exact location of such easements shall be provided in the as-built survey. Licensor and Licensee shall execute an easement agreement for these easements upon the completion of the as-built survey, as approved by Licensor. 5 . Use of Licensed Premises . The parties agree and acknowledge that Licensee shall be entitled to use the Licensed Premises for the purpose of erecting, installing, operating, and maintaining radio and communications towers, transmitting and receiving equipment, antennas, dishes, mounting structures, buildings, and related equipment for the use of broadband sublicensees and wireless sublicensees . 6 . Rent Change. The monthly rental amount outlined in the Agreement is hereby amended to provide an increase to the current rent, effective as of June 1 , 2006, of $ 10,000 per year. The parties agree and acknowledge that the rent is subject to the rent escalation provisions of the Agreement . 7 . Except as modified herein, all of the terms, covenants and conditions of the Agreement are hereby ratified and confirmed, and shall be and remain in full force and effect. Capitalized terms not defined herein shall have the meaning set forth in the Agreement. 8 . This Amendment may be executed in counterparts, each of which shall constitute an original instrument. Upon execution of this Amendment, the parties shall immediately execute a memorandum of this Amendment (or a memorandum of the Agreement, as modified hereby) which instrument may be placed of record . SIGNATURE PAGES TO FOLLOW Pinnacle Second Amendment 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. LICENSEE : Pinnacle Towers LLC By : Global Signal Services LLC, its Manager sy a e : s Its : Jason Catallni Irectur, ggWipStat® STATE OF O '(`.- r� COUNTY OF SS : � pp On '� 2Z200 (p before me personally came d�� l G+ CF�� as �C - 0 1 o � C of( (G{0{4 �c� �11�� QrtS�I�r�i�T�S, (fill in as applicable) , who personally known to me or proved toy me on e basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that (he)(she)(they) executed the same in (his)(her)(their) capacity(ies) and that by (hi s)(her) (their) signature(s) on the instrument, the individual (S) or the person on behalf of which the individual(s) acted, executed the instrument. WITNESS my hand and official seal . .14r TEENA M. POST W..ry w MV COMMISSION' # DD 176366 of iso? EXPIRES: January 8, 2007 1-eoo3-rrornRv r1 Notary service a eonam9. Inc (Signature ofNotary Public) Printed Name : TEENA M . POST Comm . Expiration Date: [STAMPED SEAL] Pinnacle Second Amendment LICENSOR : Indian River County Board of Commissioners, • ) By : (f (.C/ it w Gary C hegj. 1, r"vWi ce Thai'l-man 4K f e,t: 1 K B�r ' ' lerk fY- By K 1, •' o � j �s :t Deputy Clerk , �jr Approved by BCC : ' Juna , 6�, 2006 u� Approved : B Ztegal Jos A . Bat d,p d as tofoy : yarian E . Pel Assistant County Attorney maim Rha Ca A ved Date Admin., . 0 Legal Budges 7 Dept Risk Mgr, Pinnacle Second Amendment �} EXHIBIT A PROPERTY All at tho $ a of SWk lying sauth of L4 South Rs1it( Cn( 1 - of the lndion Rlvd Fu Drainage atItrict , in titian 1l , 1` it hip ] uth � , v4st aid tend W& in Indtrn Rjwr t , Flarldd . Pinnacle Second Amendment EXHIBIT A-I LICENSED PREMISES SEE ATTACHED Pinnacle Second Amendment - - - - - - - - - - - - 2 17 $ I 8 i - - - �'- - - - - - - - - - - y Z P V A �pJ � d \ om \ Pinnacle Second Amendment 2