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HomeMy WebLinkAbout2015-107FIRST AMENDMENT TO LEASE AGREEMENT 5-141.2°5 i RUE CUPV g,p . ',ER T IFICATION ON LAST PAGE !.R SMITH. CLERK THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide for Co -location is entered into this 19th day of May , 2015, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27th Street, Vero Beach, Florida, 32960 and AT&T MOBILITY, LLC, a Delaware Limited Liability Company, by AT&T Mobility Corporation, its manager, ("TENANT"), whose address is 2300 Northlake Center Drive, Room 4W-125, Workspace 4W-77, Tucker, GA 30084. 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 AT&T Mobility 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, 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: 1 A TRUE COPY CERTIFICATION ON LAST PAGE J. P. SMITE C! 1. The recitations set forth above are true and correct and are incorporated herein by this reference. In the event of any conflict or ambiguity between the terms and provisions of this Amendment and the terms and provisions of the Lease; this Amendment shall control. 2. Pursuant to paragraph 12 of the 1995 Lease, Verizon shall name the County as an additional insured on any policy of insurance required by Tenant. Tenant shall supply the County with a copy of the proof of insurance. 3. The following is inserted as Section 4.f of the Lease: "Notwithstanding anything to the contrary contained herein and subject to CO NTY's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, TENANT, in addition to all other rights granted TENANT under the Lease, shall have the right to sublease any part of the Property, Tower or Equipment Building to any third party telecommunication service provider, including, but not limited to Verizon, or to enter into the Co -Location Agreements with Verizon or any other such co -location agreement with any third party telecommunication service provider; provided, however, that such subleasing of any part of the Property, Tower or Equipment Building to Verizon pursuant to the Co -Location Agreements, or any other sublease or co -location by any third party telecommunication service provider shall not interfere with COUNTY's telecommunications facilities or equipment which may then or thereafter be located on the Property or Tower, or COUNTY's use of the Property, Tower and/or Equipment Building in such a manner as to violate Section 5 of this Lease. Subject to the foregoing. by COUNTY'S execution of this Amendment, COUNTY hereby expressly consents to the Co -Location Agreements and TENANT'S subleasing of portions of the Property, Tower and Equipment Building to Verizon as more particularly described in the Co -Location Agreements. TENANT shall remit to COUNTY, one-half (1/2) of any rent actually received by TENANT required to be paid by Verizon under the Co -Location Agreements, or by any other such third party telecommunication service provider under any such other sublease or co -location agreement which TENANT may enter into pursuant to this Section 4.f. The rent during the initial term of the Co -location Agreement shall be $24,342.48 annually; such rent shall increase by three percent (3%) on each anniversary of the commencement date of the Co -location Agreement. 4. The address of TENANT as set forth in Section 18.d. of the Lease is hereby deleted in its entirety and the following is inserted in its place: AT&T Collocation AR P.O. Box 5086 Carol Stream, IL 60197-5086 FA: 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. 2 A TUE COPY w: ' l=11; 0 ON LAST PAGE {.It. SOT? 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. AT&T MOBILITY, LLC A DELAWARE LIMIUTED LIABILITY CO. BY: AT&T MOBILITY CORPORATION, ITS MANAGER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: BY: (printed name) (title) Attest: Jeffrey R. Smith, Clerk of Co And Comptroller B eputy Clerk Approved: By Jose oh A. Baird County Administrator Approved as to form and legal sufficiency s / ` /0 William K. DeBraal Deputy County Attorney 3 Wesley S. Davis, Chairman Date BCC Approved: May 19, 2015 EXHIBIT A LEGAL DESCRIPTION INDIAN RIVER SOUTH COMMUNICATION TOWER SITE The North 150 feet of the South 200 feet of the west 70 feet of the East 270 feet of the North 1/2 of the SW 1/4 of the NW 1/4 of Section 12, Township 33 South, Range 39 East. Lying in the City of Vero Beach, Indian River County, Florida. STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS A TRUE AND CORRECT COPY THE ORIGIN, L ON FILE FI FREY R. SMIT Ain 1 S ...... qS •,