The URL can be used to link to this page

Home My WebLink About2024-258Site N A21`0308M_ Market: Miami FIRST AMENDMENT TO LICENSE ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS FIRST AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT LICENSE ("Amendment" or "First Amendment") is made and entered into by and between Indian River County, a Political Subdivision of the State of Florida ("The County"), and MetroPCS Florida, Inc a Delaware limited liability company FKA: MetroPCS California/Florida, Inc., ("Licensee"). RECITALS WHEREAS, The County and Licensee (or as applicable, their respective predecessors in interest) entered into a Rooftop License with Option dated March 16, 2005 (the "Licensee Elevated Water Tank Space License Agreement" hereinafter "Agreement"), with respect to the premises located at 1805 58`h Avenue in Indian River County, Florida (the "Premises") hereinafter, collectively referred to as the "License" WHEREAS, The County and Licensee desire to enter into this First Amendment in order to modify and amend certain provisions of the License. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and Licensee covenant and agree as follows: 1. USE The County shall have the right to modify its antenna facilities as described and depicted in Exhibit A-1, which is attached hereto and by this reference incorporated herein, and the County hereby consents to and approves of the modifications 2. LICENSE FEE Commencing the earlier of (i) the first day of the month following the commencement of construction of the modification of Licensee's equipment at the Premises or, (ii) the first day of the month following the day that is sixty (60) days from full execution of this First Amendment, the monthly license fee shall increase to Four Thousand Nine Hundred Fifty Dollars ($4,950.00) per month, , subject to a 4% annual escalator as provided in the License. 3. TERMINATION Upon execution of this Amendment, the Parties agree that Tenant may terminate this Lease upon thirty (30) days prior written notice to Landlord, for any of the following reasons: (i) changes in local or state laws or regulations which adversely affect Tenant's ability to operate; (ii) a Federal Communications Commission ("FCC") ruling or regulation that is beyond the control of Tenant; (iii) if Tenant is unable to obtain or maintain any Governmental Approval required for the construction or operation of Tenant's Antenna Facilities (iv) an event caused by the County which will prevent the authorized Use of the Premises by Licensee as described in the Agreement except within ninety (90) days prior to the expiration of an Option tenn other than the current term. In the event of any prior termination of the Agreement, Licensee agrees to pay and is obligated to pay to Licensor the License Fee as amended herein for a minimum of ten (10) years from the date that is sixty (60) days from the full execution of this First Amendment. The Licensor guarantees to waive the right to terminate for the first (10) years from the date of the execution of this First Amendment. 4. TERM OF AGREEMENT Upon the expiration of the current Renewal Term, the Agreement will renew for an initial ten (10) year term and then the Licensee has the option to extend this Agreement for three (3), additional five (5) year renewals under the same terms and conditions as set forth in this Agreement as amended by this First Amendment. TMO Signatory Level: L03 NLG -92255 Site 0 A2P0308M Market: Miami 5. NOTICE The Parties notice addresses in the License are deleted in their entirety and replaced with the following: If to Licensee: If to The County: MetroPCS Florida, Inc a Delaware limited liability company Indian River County Attn: License Compliance/Site No. A21`0308M 1801 271' Street 12920 SE 38t4 Street Vero Beach, FL 32960 Bellevue, WA 98006 6. The terns and conditions of the License are incorporated herein by this reference, and capitalized terms used in this First Amendment shall have the same meanings such terms are given in the License. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the remaining terms of the License, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the License and this First Amendment, the terms and conditions of this First Amendment will govern and control. 7. The County represents and warrants to Licensee that no consent or approval of any third party, including, without limitation, a lender, is required with respect to the execution of this First Amendment, or if any such third -party consent or approval is required, The County has obtained any and all such consents or approvals 8. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed copies of this First Amendment shall legally bind the parties to the same extent as original documents. 9. Each person executing this First Amendment, on behalf of Licensee, does hereby covenant and warrant that Licensee is a duly authorized and existing company, that Licensee has, and is qualified, to do business in Florida, that the company has full rights and authority to enter into this amendment, and that each person signing on behalf of the company is authorized to do so. Signatures to follow on next page TMO Signatory Level: L03 NLG -92255 Site 8 A21`0308M Market: Miami IN WITNESS WHEREOF, the parties have executed this First Amendment effective as of the date of execution by the last party to sign. MetroPCS Florida, Inc. a Delaware limited liability company N Title:�Sv i )r—', Indian River County a Political Subdivision of the State of LOU ,wee" Name: Susan Adams ••..,,ER C B �,y Title:Chairman, Indian River County Board of Date: �� County Commissioners pIg1UAy TMO TE`L� W It. Legal��Di f/ 0.97 Approved by BCC:: October 8, 2024 Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller By: %�t Y1 Deputy Clerk ove Form and Legal Sufficiency: L a -BeBraal, County Attorney TMO Signatory Level: L03 NLG -92255 Site N A2P0308M Market: Miami EXHIBIT A-1 TMO Signatory Level: L03 NLG -92255 Site N A2P0308M Market; Miami— mom f c3p T- -Nfobilf— fee I ........... A ------ MOM- C&JPOM PLAN �� i 11 iir .�� ' V JZ X.I! N ®I i Kiri .......... =j TMO Signatory Level: L03 NLG -92255 Site N A2P0308M Market: Miami TMO Signatory Level: L03 NLG -92255 Site k A2P0308M Market: Miami + w� +wN wo- ...........�v�w>3 RAN NEW fNONf VIfW VIYI NFlI fROtfi NEW - Y. u M.MM A VMNnNO XTAL -11 MIT EMM SPECS -12 ANTENNA SPECS -13 T . •Mobile' :.x AAAA ""� moi-! � Y A2AN7aeY WTFR TANK bCTYlS Ys a r ems we CB AHTETNM YOUM OETAE, n { AWEW" YOUM DERE. w 5 Irvoi USED) 6 TMO Signatory Level: L03 NLG -92255 Site k A2P0308M Market: Miami TMO Signatory Level: L03 NLG -92255 L m >+ PLW VIEW FIww VEM PLN! NEW RIM NEM RRu "W WOUKme WTA& -11 mu 4460 SPECS —12 (*or USED) 13 T. •Mobile• CAMW MOUMMG DETAIL ! 6160 sm LWPORT CANIF SPECS 2 6160 SAMAT CIBW SPECS 3 Mobile' NmGs p 141pt 74N[ It C. FROM VIEW NLl NFti arm's RRV 4460 110UMTMG DETNL ++ • RRU 4460 SPECS -Is (MOT USED) 1.1 CT TMO Signatory Level: L03 NLG -92255 L PLW VIEW FIww VEM PLN! NEW RIM NEM ORK JA CAMW MOUMMG DETAIL ! 6160 sm LWPORT CANIF SPECS 2 6160 SAMAT CIBW SPECS 3 Mobile' R Mw A2MAW .NGS WGMMT MATER TANK OLIttS C6 ROT USED) 141 (MDT USED) 15 1( USED) 6 TMO Signatory Level: L03 NLG -92255 Site k A2P0308M Market: Miami TMO Signatory Level: L03 NLG -92255 �......,.,._. - �„�,...=......,.......=.tea-..._..r..�......... �e.C.L t..s...�.4 :C E.L".. :% ap k apx T..mobile. O5D r " u C6LCTA(N ,un ELECTRICAL NOTES t L^NOLORD GROUKXkG REOtARdENTS y EI TMO Signatory Level: L03 NLG -92255 b k apx O5D r T ..Mobile e - F".M Bi WATER t4+. •� •. ••� urr.:1 Rprnc n.w UB77Y ROUTING PLAN TMO Signatory Level: L03 NLG -92255 Site A A2P0308M Market: Miami ._.._.___ ._....... ....2..aiY, R R -J .apw4 l I _ _- -w �.Z Rf- ;GROUND W CONNECT -ON DETNL -12 w ..............__...._..........-r.�; .............. w J M.w —=--a ATro weN gNG5 NC✓1'YY L__J � � � q:..Mubiir,. ONE -UW OVAORMZ:L ' EI - "sem gN4S NIpIV.1 WEN TN,( - nn..rrr.ra®�...w®w.aw.rcwaounwe.mww.acw C1Y.T.'YYYAI. OC1MI.3 WiNEL SCHEDULE = E3 ._.._.___ ._....... ....2..aiY, R R -J .apw4 l _- -w �.Z ;GROUND W CONNECT -ON DETNL -12 T • •Moblle- ..............__...._..........-r.�; d ...::�— —=--a ATro weN gNG5 NC✓1'YY ��pL� wJrrt O-1 � � � [GROUNDING OVGRAV w 1 CAD MELD DETAIL 3 EI 10 TMO Signatory Level: L03 NLG -92255 Site N A2P0308M Market: Miami lI TMO Signatory Level: L03 NLG -92355