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HomeMy WebLinkAbout1998-085AMENDMENT TO LEASE AGREEMENT between Indian River County and PrimeCo Personal Communications Limited Partnership Re: Hobart Tower & Ground Space Lease THIS AMENDMENT WITNESSETH THAT: WHEREAS, on September 30, 1997, Indian River County (Lessor) entered Into a Tower and Ground Space Lease with PrimeCo Personal Communications Umlted Partnership (Lessee) covering Lessee's co -locating on the Lenges tower at Hobart Park; and WHEREAS, Lessee has completed a study of the tower and determined that Itis Insufficient for their needs and that a new tower will have to be built; NOW, THEREFORE, be it agreed by Lessor and Lessee that the Lease between Lessor and Lessee is hereby amended as follows: 1. Lessee will remove an existing unserviceable 150 -foot communications tower located in Hobart Park within the shadow of the 405 -foot Hobart Tower. 2. Lessee will construct a new tower in two phases, i.e., a) the first phase will be a 150 -foot AAT, guyed tower (at the same location as the existing 150 -foot tower was before removal) designed to accommodate an additional 70 -feet of tower, and b) the second phase will be to Increase the 150 -foot tower by another 70 feet which wilt make It a 220 -foot tower when completed, after all permits and approvals have been received from the appropriate authorities. 3. Lessor will own the new tower and be responsible for lighting as well as grounds and tower maintenance. 4. Lessee will receive use of the tower at en agreed annual rental of Ten Thousand Eight Hundred Dollen ($10,1300.00), which annual rental shall commence the eleventh (11") year of the Site Lease. 5. In retum for building the Tower at Lessee's expense, Lessee shall receive the first ten (10) years free of rent 9, Lessee win construct the tow to specIfIcalions whlch MN allow the Lessor to place a minimum of eight antennas end eight runs of 711' coaxial noble lo the lop of the 220dool totwr, 7. Prior to any Installation of equipment on the Tower by third parties, the third parties, at the third parties' expense, shall submit to Leasee the following: (a) detailed site plans and plans and specifications setting forth the proposed antennas and other equipment, the height and location of such antennas and other equipment, and the construction, installation, and other work to be • performed on the Tower and licensed Property and (b) a list of all frequendes currently or anticipated to be Licensed or assigned to the third party by the FCC. The third party shad not Inaba' any equipment or commence any work on the Tower or the Leased Property until Lessee approves, In writing, the third parties' site plan, plans and apedficatlons, and frequendes, such approval to be given in Lessee's reasonable discretion. 8. Lessor will provide a utility easement for access to the tower to Lessee. Except for the above-mentioned changes, the remainder of the original lease will remain In full force and effect. IN WITNESS WHEREOF, the parties have made and executed this amendment on the_ day of 1998. Attest J. K. Barton; Clerk as�l,,r,r+, :.' .' •� :Deputy, of • a...' t) i, • 014 ;is RI,,, INDIAN RIVER COUNTY, FLORIDA by Its Board of County Commissioners A• John W. TIppin, Ch Ali /imam Witness: S.ub/ler PRIMECO PERSONAL COMMUNICATIONS LIMITED PARTNERSHIP By i/G✓"� ��` Robert W. Keltgen, TeQhnical Director 1 • 00 •