The URL can be used to link to this page

Home My WebLink About1997-336aU 1R49 •f.bMl..• FIRST AMENDMENT TO LEASE AGREEMENT THIS PT T AMEND M NT TO LEASE AGREEMENT (this "Amendment") is entered into this day of eientder , 1997, between the COUNTY OF INDIAN RIVER, a political subdivision of the State of Florida ("COUNTY") and TALCOM, INC., a Florida corporation, formerly known as TALCOM, INC., a Florida partnership ("TENANT"). WITNESSETH WHEREAS, COUNTY and TENANT entered into that certain Lease Agreement dated December 19, 1995 (the "Lease"), whereby COUNTY leased to TENANT and TENANT leased from COUNTY certain "Property" (as defined in the Lease) located in Indian River County, Florida; and WHEREAS, TENANT desires to enter into Co -Location Agreements (collectively, the "Co -Location Agreements") with PRIIvIECO PERSONAL COMMUNICATIONS, L.P., a Delaware limited partnership ("PrimeCo") and SPRINT SPECTRUM, L.P., a Delaware limited partnership ("Sprint") whereby PrimeCo and Sprint 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, COUNTY is desirous of TENANT entering into the Co -Location Agreements and into any sublease or co -location agreement with any third party telecommunication service provider; and WHEREAS, in connection with the forgoing, 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: I, The rooltatione aot tbrth above aro true and aorroat and aro inoorporeted heroin 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. Any initially capitalized terms used herein, unless otherwise defined or unless the context indicates otherwise, shall have the same meaning given such terms of the Lease. Ffl/ItOMANOC/ 18$656/3z9/021.DOC/12/01/97/9169.079700 • • • .1.t • • • • • • • • • • • • •Q. • t.. • t'»r J*iM tr 1 • { •tit 11 t �0. 66 I •. 'rl lC;1.. • 2. 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 PrimeCo and Sprint, or to enter into the Co -Location Agreements with PrimeCo and Sprint 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 PrimeCo and Sprint 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 TENANTS subleasing of portions of the Property, Tower and Equipment Building to PrimeCo and Sprint as more particularly described in the Co -Location Agreements. TENANT acknowledges and agrees that pursuant to the Co -Location Agreements, PrimeCo and Sprint shall each be obligated to pay TENANT a "Reimbursement Amount". Each Reimbursement Amount required to be paid by PrimeCo and Sprint shall be equal to the sum of Thirty Thousand and No/100 Dollars ($30,000.00), and shall be used to reimburse TENANT for costs incurred by TENANT in connection with the construction of the Tower. In connection with PrimeCo's and Sprint's payment of the Reimbursement Amount, TENANT, if and when each respective Reimbursement Amount is actually paid by PrimeCo and/or Sprint and received by TENANT, shall remit to COUNTY an amount equal to the amount of each respective Reimbursement Amount actually paid by PrimeCo and/or Sprint and received by TENANT up to an amount not to exceed Fifteen Thousand and No/100 Dollars ($15,000.00) per each Reimbursement Amount. Additionally, TENANT shall remit to COUNTY, one-half ('h) of any rent actually received by TENANT required to be paid by PrimeCo and/or Sprint under the Co -Location Agreements, or by- • any other such third party telecommunication service provider PTUROMANOC/I$5656I364O21.DOC/12/01/97/9169,079700 2 • • • • • • • • • ,• • • • • • under any such other sublease or co -location agreement which TENANT may enter into pursuant to this Section 41". 3. 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: Talcom, Inc. 1920 Corporate Drive Boynton Drive, Florida 33426 Attn: James E. Randall Manager - Site Acquisition with a copy to: AT&T Wireless Service Legal Department 11760 U.S. Highway 1 North Palm Beach, Florida 33408 Attn: Real Estate Counsel 4. Except as specifically set forth herein, the terms and provisions of the Lease shall remain unmodified and shall continue in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES ON NEXT PAGE] FrURO M ANOC/ 185656/7 z94011. DOC/ 11/01/97/9169.079700 3 • • • • •1 1 • • • • • IN WITNESS WHEREOF, the parties have entered into this Amendment as of the day and year first above written. Signed, sealed and delivered in the presence of these witnesses: Witness? 2- h • Print Name: PAIR 1d , a M. K C& Witness: 441 ZW-41-Z. Print Name: 4: is�' 1. Lyraresse Witness: Print Na : 3A,N/tE W. o 4-tbwEL.t- Witness: �/ t ce. moo. i4 Print Name: ,¢Lies G. ti.)4497-6- Witness: ! " C Print Name: K6v/n1 C 56Ge-E2 Witness: Q,OtIM. R Print Nam . Sam m/'4 COUNTY OF INDIAN.. RIVER, a political subdivision of the StateIcit F'lbrida, Z. , it• By: Name: Title: Ca reel Chairrnah, Bi. APPROVED AS TO FORM By. Name: Charles P Vitunac County Attorney F 1JROMANOC/1115656/1z94071.DOC/17/01/97!9169,079700 TALCOM, INC., a Florida corporation, formerly known u TALCOM, INC., a 'da partnership By: N e: PAUL Pflee Title: DiR, of SITE PEV• a F� 4 • 111 10 t vi '4 14 `t i • • • STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 9 day of 1997 by C olyn K. Eggert, Chairman of the Board of County Commissioners and %%1_ a , Deputy Clerk who are personally known to me. NOTARY PUBLIC Signature State of Florida at Large (seal) colNitNarylulu,,, Yua of Movies Colnml►don No. COMMa aMy Cummlaia Exp. 01/13/2000 4 I+0014NOTMY. n. Nay Ins andingC..