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HomeMy WebLinkAbout2015-163A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK CORRECTED FIRST AMENDMENT TO LEASE' AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide for Co -location is entered into this 15th day of september, 2015, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27th 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, is being corrected by this document to reflect the proper TENANT with the proper addresses; 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.R. SMITH, CLERK 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 tet ins 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 COUNTY'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 tettit 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: As to TENANT: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: 7248; Cell Site Name: IR002NERO BEACH (FL) Fixed Asset No: 10080597 575 Morosgo Drive NW Atlanta, GA 30324 With a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department 208 S. Akard Street Dallas, Texas, 75202-4206 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Re: Cell Site #: 7248; Cell Site Name: IR002NERO 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 BY: AT&T MOBILITY CORPORATION, ITS: MANAGER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: BY: (printed name) Neil Boyer (title) Director - Network Attest: Je ley R. Smith, Clerk of Court And Comptroller ...4111V B eputy Clerk Approved: • C2gaM4 Jose'h A. Baird County Administrator Approved as to form and legal sufficiency Deputy County Attorney Wesley S. Davis, Chairman • Date BCC Approved: September 15 45 ••••11.;.;irVi TENANT ACKNOWLEDGEMENT CORPORATE ACKNOWLEDGEMENT STATE OF GEORGIA ) ) ss: COUNTY OF ) A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BE IT REMEMBERED, that on this _ day of , 20_ 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 instrument the entities upon behalf of which he acted, executed the instrument. Notary Public: My Commission Expires: COUNTY ACKNOWLEDGEMENT CORPORATE ACKNOWLEDGEMENT STATE OF F'Ln}2TDA ) ) ss: COUNTY OF INDIAN RIVER ) BE IT REMEMBERED, that on this 15 day of September , 20 15, before me, the subscriber, a person authorized to take oaths in the State of pi nri ria , personally appeared Wps1 ey g_ Davis who, being duly sworn on 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 instrument the entities upon behalf of which he acted, executed the instrument. Notary Public: Misty L. Pursel My Commission Expires: 1 /11 / 18 4 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. 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