HomeMy WebLinkAbout2009-154 Afel
Lessee Site I . D . : Gifford Water N 6. 27 6
AMENDMENT TO 'POWER AND GROUND SPACE LEASE
This Amendment to ' tower and Ground Space Lease (the " Amendment ") is made and entered
into this 9th day of June_ 2009 by and between the Indian River County Board of County
Commissioners ( ` Lessor" ) and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless
(" Lessee") ,
RECITALS :
WHEREAS , Lessor and PrimeCo Personal Communications , L . P . (now known as Lessee) ,
executed a Tower and Ground Space I.,ease, with a commencement date of August 5 , 1997 (the
"Agreement " ) , whereby Lessor leased to Lessee space on Lessor's tower and floor space (collectively, the
" Premises " ) on Lessor' s property located at 28 `x' Court , Vero Beach , Indian River County, Florida ; and
WHERIA; AS , the parties hereto desire and intend to amend certain terms of the Agreement as
provided herein ;
NOW , THEREFORE , in consideration of the mutual covenants herein set forth and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged , the parties
hereby agree as follows :
1 . Capitalized terms not defined in this Amendment shall have the same meaning as such terms have
in the Agreement .
2 . The Agreement is hereby amended as follows :
A . Paragraph 2 of the Agreement is amended to provide that the floor space for installation
of the communication equipment described in the Agreement is hereby expanded to
include an additional 4 ' x 7 ' ( 28 square feet) area (the " Additional Lease Area " )
for
Lessee ' s installation of a 500 gallon maximum propane tank , as shown on Exhibit A- 1
attached to this Amendment and incorporated herein by reference . Lessor agrees that
Lessee shall be permitted to install a propane tank on the Additional Lease Area , together
with all applicable utility wires , poles , cables , conduits and pipes running from the
Additional Lease Area to the Premises . Said tank will remain on the Additional Lease
Area and become a part of Lessee ' s communication equipment . Exhibit A of the
Agreement is hereby replaced by Exhibit A- 1 attached hereto .
B . Under Paragraph 3 of the Agreement, the Agreement is currently in the second (2 "d) 5 -
year extension period , which period is set to expire on August 4 , 2012 . There are two (2 )
additional , successive 5 - year extension periods remaining under Paragraph 3 of the
Agreement . Lessor hereby grants to Lessee two (2 ) additional , successive 5 -year
extension periods on the same terms as set forth in Paragraph 3 of the Agreement , so that
as of the effective date of this Amendment , Lessee shall have four ( 4 ) additional ,
successive 5 -year extension periods remaining under the Agreement after the current 5 -
year extension period .
C . Commencing on August 1 , 2009 , the annual rent shall increase by One Thousand Two
Hundred and No/ 100 Dollars ( $ 1 , 200 . 00) to reflect rental payment for the Additional
Lease Area and shall increase at the same rate as annual rent increases pursuant to the
Agreement .
1
U . Paragraph 19 of the Agreement is amended to provide that the Lessee' s address for
notices under the Agreement is as follows :
Lessee : Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster , New Jersey 07921
Attention : Network Real Estate
3 . The parties hereby reaffirm their rights and obligations under the Agreement as modified by this
Amendment . In the event of any inconsistencies between the Agreement and this Amendment, the terms
of this Amendment shall control .
IN WITNESS WHEREOF , the parties have caused this Amendment to be executed as of the date first
above written .
LESSOR : 1 , ESSEE :
INDIAN RIVER COUNTY Verizon Wireles Pers Communications LP
Board of County Commissioners d/b/a Vern n rele
B By :
Wesley S . Davis , Chainnan Name : Hans F . Leutenegger
"Title : Area Vice PresidentNework
A"I'TES "t`. . K . Barton Clerk Date :
By : kvtkaaz� . ;
Deputy Clerk WITNESSES :
Date Approved by BCC : June 9 , 2009
Print am Jean M . Musa
INA A
AP ) VE
ll :
Lo a
By : � n Print Name : C LMNSM
J seph A . 3aird , County Administrator
Approved as to form and legal sufficiency :
B .
Marian 1 : . bell , Senior Assistant County Attorney
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EXHIBIT Ann
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