HomeMy WebLinkAbout2016-011 CORRECTED FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide
for Co-location is entered into this 2nd day of February, 2016, between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27`h Street, Vero
Beach, Florida, 32960 and New Cingular Wireless PCS, a Delaware limited liability company,
by, ("TENANT"), whose address is 575 Morosgo Drive, Atlanta, Georgia 30324.
WITNESSETH
WHEREAS, COUNTY and TENANT entered into a Lease Agreement dated December
19, 1995 (the "Lease"), whereby TENANT would construct a communications tower on property
leased from COUNTY located at 1340 Old Dixie Highway, Vero Beach, Indian River County,
FL 32960, the legal description of which is attached as Exhibit "A" and incorporated by
reference herein; and
WHEREAS, TALCOM was the original Lessee on the Lease but over the ensuing 20
years, the cellular industry has seen frequent mergers and acquisitions which have resulted in
New Cingular Wireless PCS as the current lawful and responsible Tenant under the terms of the
Lease and this Amendment; and
WHEREAS, TENANT desires to enter into that certain Co-Location Agreement (the
"Co-Location Agreement") with Verizon Wireless Personal Communications LP, a Delaware
limited partnership, d/b/a Verizon Wireless with its principal offices located at One Verizon
Way, mailstop 4AW100, Basking Ridge, New Jersey 07920 ("Verizon") whereby Verizon may
locate certain equipment and antennas to be more particularly described in the Co-Location
Agreements on the "Property" and/or "Tower" (as defined in the Lease); and
WHEREAS, Tenant has requested, and the County consents to amend the Lease to
provide for Verizon to co-locate on the tower; and
WHEREAS, the Tenant has provided an engineering report documenting the tower is
capable of handling the additional equipment to be installed on the tower and that Verizon's co-
located equipment will not interfere with the operation, quality or maintenance of any other
equipment located on the tower and that the tower with Verizon's added equipment will be in
compliance with all aspects of the Florida Building Code, local and federal regulations; and
WHEREAS, the First Amendment.to Lease Agreement approved by the Board on May
19, 2015, and the Corrected First Amendment to Lease Agreement approved by the Board on
September 15, 2015, is being further corrected by this document.
WHEREAS, in connection with the foregoing, COUNTY and TENANT desire to amend
the Lease as hereinafter set forth.
NOW,THEREFORE, in consideration of the sum of the TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as
follows:
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With a copy to: New Cingular Wireless PCS,LLC J
Attn: Legal Department
208 S. Akard Street
Dallas,Texas, 75202-4206
Re: Cell Site#: 7248; Cell Site Name: IR002/VERO BEACH(FL)
Fixed Asset No: 10080597
5. Except as specifically set forth herein, the terms and provisions of the Lease shall remain
unmodified and shall continue in full force and effect.
IN WITNESS WHEREOF, this First Amendment to Lease Agreement to provide for co-
location is approved and executed by the authorized representative of the parties effective as of
the day and year first above written:
NEW CINGULAR WIRELESS PCS, LLC BOARD OF COUNTY COMMISSIONERS
BY: AT&T MOBILITY CORPORATION, INDIAN RIVER COUNTY, FLORIDA
ITS: MANAG R .•��t+oohiMiss%
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BY: BY: �
(printed na e eil Boyer Bob Solari , Chairman
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(title) Director-Network �•�o�. � o '
Date BCC Approved:
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Attest: Jeffrey R. Smith, Clerk of Court
And Comptroller
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By:
15 e y Clerk
Approved: II
By
Jose h A. Baird
County Administrator
proved as to form and legal s iency
William K. DeBraal
Deputy County Attorney
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TENANT ACKNOWLEDGEMENT
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CORPORATE ACKNOWLEDGEMENT 1
STATE OF GEORGIA )
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COUNTY OF 6 N I N t4aT )
BE IT REMEMBERED, that on this L day of J'ANVAV�Y 20I(V before me, the
subscriber, a person authorized to take oaths in the State of Georgia personally appeared
Neil Boyer who, being duly sworn on their oath, deposed and made proof to my satisfaction that they are
the person named in the within instrument; and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instr4ment the entities upon behalf of which he acted,
executed the instrument.
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COUNTY ACKNOWLEDGEMENT �'►►►ii►ni��
CORPORATE ACKNOWLEDGEMENT
STATE OF
ss:
COUNTY OF
BE IT REMEMBERED, tha this_day of 20_, before me, the
subscriber, a person authorized to take s in the State of personally
appeared who, being du sworn on oath, deposed and made proof to my
satisfaction that they are the person named in the wi instrument; and acknowledged to me that he
executed the same in his authorized capacity, and that by his sl
nature on the instrument the entities upon
behalf of which he acted, executed the instrument.
Notary Public:
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
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The foregoing instrument was acknowledged before me this 2nd day of February, 2016,
by BOB SOLARI, Chairman of the Board of County Commissioners of Indian River County,
Florida, who is personally known to me.
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printed name: Mi tv L. Pursel = '• °� Q=
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Commission No.: FF h,45(1 '�,• ••. .••���.�` ��
Commission Expiration: 1/11/18 ''/�,i�`�� Al1N0;����``
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