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Home My WebLink AboutLease AmendmentLicensor Contract No.: 156277 Licensee Fixed Asset No.: 10070085 THI D AMENDMENT TO SCHEDULE TOWER SPACE LICENSE FOR MODIFIED SITES This Third Amendment (the "Third Amendment") to that certain Schedule Tower Space License for Modified Sites dated February 1, 2006, by and between American Towers, Inc. and New Cingular Wireless PCS, LLC, as amended by that certain Application Approval Letter dated June 3, 2011, as amended by that certain Second Amendment To Agreement dated June 4, 2012, as modified by that certain Application Approval Letter dated November 2, 2012 (as amended, the "Agreement'), is made and entered into as of the latter signature date hereof, by and between American Towers LLC, a Delaware limited liability company, as successor -in -interest to the Agreement ("Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Licensee"). RECITALS WHEREAS, Licensee desires to modify its equipment and/or ground space at the Tower Facility described below. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Tower Facility. The Agreement being amended by this Third Amendment is for the Tower Facility identified below: Licensor Site Name/Number: Fort Pierce - OmniAmerica / 75123 Licensee Site Name/Number: FPO1 / 10070085 2. Modification To Equipment. Notwithstanding anything to the contrary in the Agreement, Licensee's current permitted equipment configuration and ground space under the Agreement is hereby modified to be as set forth on Exhibit C-3 attached hereto. 3. License Fee Increase. Effective upon the earlier to occur of. i) the issue date of the NTP by Licensor; or ii) April 26, 2018, the License Fee shall be increased by Two Thousand One Hundred Fourteen and 92/100 Dollars ($2,114.92) per month (the "Increase"). The Increase for any fractional month at the beginning or end of that period shall be appropriately prorated. The parties agree that the Increase was calculated as follows: Additional antenna (96" x 11.9") $116.70 2 $233.40 Oversized replacement antenna 96" x 11.9" $63.65 4 $254.60 RRU (weighing up to 64 lbs) $103.81 5 $519.05 BOB $53.05 1 $53.05 Coaxial Cable $169.67 4 $678.68 Di lexer $34.23 2 $68.46 Filter $53.05 1 $53.05 Hybrid/DC line (up to .5" $53.05 1 $53.05 Hybrid/DC line (up to .9" $100.79 2 $201.58 Licensor Contract No.: 156277 Licensee Fixed Asset No.: 10070085 Total "Increase" I 1 1 $2,114.92 .4. Equipment Rights as of December 31, 2015. Notwithstanding the equipment and ground space shown on Exhibit C-3 attached hereto, any equipment that was previously licensed under the Agreement but was not installed as of December 31, 2015 shall no longer be considered part of Licensee's permitted equipment configuration. The parties acknowledge and agree that inclusion of certain equipment and ground space on Exhibit C-3 attached hereto shall not constitute a waiver of Licensor's ability to adjust the permitted equipment configuration to reflect what was installed as of December 31, 2015. The equipment and ground space shown on Exhibit C-3 attached hereto may be subject to adjustment based on subsequent determination of Licensee's installation as of December ',31, 2015. The parties agree to memorialize any additional increase in the License Fee resulting from the aforementioned adjustment. 5. Structural Reclassification Indemnity. For the purposes of this section, a "Dedicated Public Safety Network" is (i) FirstNet or (ii) a network designed specifically for public -safety or first -responder for use in response to emergency situations that is either (a) government -owned or (b) operated by a carrier on behalf of a government entity, hospital, emergency room or similar healthcare facility and contractually required to have network resiliency that would qualify as a "hardened network" as defined in the TIA Standard (ANSI/TIA-222-H) approved and submitted for ballot on June 12, 2017, as such standard may be modified from time to time. Licensor and Licensee acknowledge that a Dedicated Public Safety Network may cause a current or future reclassification of Licensor's Tower as a Class III, Risk Category III or Risk Category IV structure, as defined in ANSI/TIA-222-G or ANSI/TIA-222-H, as such standards may be updated from time to time (a "Structural Reclassification"). Notwithstanding anything to the contrary in the Agreement, in the event such a Structural Reclassification resulting in whole or in part from the license of space or operation of Licensee's Equipment for Licensee's Dedicated Public Safety Network is applied to Licensor's Tower, Licensee hereby agrees to indemnify Licensor for all actual and documented costs and expenses of: a. Any modifications to the Tower that are required to restore loading capacity that the Tower loses because of and at the time of the Structural Reclassification (the "Structural Modifications") (which for the avoidance of doubt shall be independent of any obligation of Licensee to pay for Tower modifications required as a result of such Tower exceeding its design specifications as a result of the installation of Licensee's Equipment); and/or b. Licensor's contesting the subject governing body's decision to impose the Structural Reclassification ("Legal Action") (including but not limited to reasonable attorneys' fees and reasonable expert witness fees), including any appeals or litigation, if Licensee has approved that Legal Action. To determine the amount of any lost loading capacity to restore and how to make any Structural Modifications, if required, Licensor and Licensee will use the followingprocess: a. Licensor will generate an as -is structural report as of the Structural Reclassification's date based on the ANSI/TIA-222-G or ANSI/TIA-222-H standards for Class II or Risk Category II, as applicable ("Class II Report"). b. Licensor will generate an as -is structural report as of the Structural Reclassification's date based on the ANSI/TIA-222-G or ANSI/TIA-222-H standards for Class III, Risk Category III or Risk Category IV towers, as applicable ("Class III Report"). Licensor Contract No.: 156277 Licensee Fixed Asset No.: 10070085 c. The loading difference between the Class H Report and the Class III Report will be the lost loading capacity (the "Lost Capacity"). d. To restore the Lost Capacity and complete the Structural Modifications, if required, Licensor will modify the Tower's structural member that incurred the highest percent stress resulting from the classification / category change giving rise to the Lost Capacity (including but not limited to legs, diagonals, horizontals, plates, bolts, guywires, and shackles), which Licensor will identify by using reasonable and generally accepted engineering practices. Licensor will also modify any other members that incur a stress increase resulting from the classification / category change giving rise to the Lost Capacity if that increase is equal to 90% or more of the increase to the structural member that incurred the highest percent stress. If the increase in percent stress to a foundation(s) is greater than the increase in percent stress to the other tower members, foundations(s) modifications will be made. If the increase in percent stress to non -foundation structural members exceeds the increase in percent stress to the foundation, modifications of the foundation(s) will not be made. Licensee will make a single, one-time payment for the Structural Modifications. Licensee will make that payment within 90 days of its receiving an invoice from Licensor for the completed Structural Modifications; provided, however, that Licensee will remain responsible for the cost of tower modification drawings authorized by Licensee but which do not result in a completed Structural Modification. If Licensee or Licensor challenges the decision to impose the Structural Reclassification, Licensor will not make any Structural Modifications during the pendency of that challenge; and if the decision is reversed, withdrawn, or changed, Licensor will promptly reimburse Licensee's payment for the Structural Modifications. Notwithstanding the foregoing, actual costs or expenses associated with Structural Modifications that have been paid or incurred by Licensor, including costs for construction, or costs in preparation of construction (such as costs to prepare tower modification drawings) will not be refunded by Licensor. Licensor hereby represents that it will not advocate for the reclassification of the tower facility to Class III, Risk Category III or Risk Category IV to the extent such position would be in conflict with that previously communicated to Licensor by Licensee pursuant to the notice provisions of the Agreement. In the event that a Dedicated Public Safety Network is operating on the Site in addition to Licensee's Dedicated Public Safety Network at the time the Structural Reclassification occurs, then Licensee will only be responsible for the portion of the actual and documented costs and expenses of the Structural Modifications and Legal Action that is calculated as follows: the amount of Licensee's sail area (measured in square inches) divided by the total sail area utilized by all Dedicated Public Safety Networks operating on the Site at the time of such Structural Reclassification. In the event Licensor provides Licensee with an invoice and Licensee fails to pay Licensor for Structural Modifications costs within ninety (90) days, Licensor may deduct a corresponding amount of the unpaid costs against the purchase price amounts associated with the next scheduled exercise, or any subsequent exercises, of those certain Purchase Options set forth under Section 35 of the Lease and Sublease dated December 14, 2000 between SBC Wireless, LLC, and Southern Towers, Inc. and SpectraSite Holdings, Inc. 6. Full Force and Effect. All terms and conditions set forth in the Agreement shall continue in full force and effect unless specifically modified herein. 7. Capitalized Terms. Capitalized terms contained herein, unless otherwise defined, are intended to have the same meaning and effect as set forth in the Agreement. [SIGNATURES ON FOLLOWING PAGE] Licensor Contract No.: 156277 Licensee Fixed Asset No.: 10070085 Licensor Contract No.: 156277 Licensee Fixed Asset No.: 10070085 IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed by their duly authorized representatives as of the day and year written below. Signed, sealed and delivered in Signed, sealed and delivered in the presence of: Agreed to and accepted by: LICENSOR: American Towers LLC, a Delaware limited liability company f By: ' Name: ./Marg ret Robinson Senior Counsel Title: Date: t Agreed to and accepted by: LICENSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By:. Name: Henry Galan rea Manager R E & Construction Title: Date: 6&119 Licensor Contract No.: 156277 Licensee Fixed Asset No.: 10070085 Exhibit C-3 Exhibit C-3 Customer Name: ATC Asset Name: ATC Asset 0: AT&T MOBILITY Fort Pierce - OmniAmerica 75123 Customer Site Name: Customer Site t FPOI 10070086 Total Lease Area Sq.7322.WrimaryCoMiauous Lease Area L:11.59 W:28.00' H: Sq. Ft: 322.00ustomer BuBttg I I.50' 26.00' N/A 322.00 Outside Primary Lease Area WA N/A WA Sq. Ft: N/A Generator. N/A Capacity(KW): N/A Fuel Tank Size(gal): N/A Fuel Type: WA Fuel Tank Setback(radius): N/A Power Provided By: Utility Company Direct Tek:ofinterconnect: N/A Type: WA Quantity: WA TX Power(watts): WA ERP(watts): WA Type PANEL PANEL DIPLEXER/DUAL COUPLER BOB/SSB BOB/SSB RRU/RRH Manufacturer Commscope Commscope Tdasx Raycap Raycap Ericsson Modal / SBNHH-1 D85C (49.6 SBNHH-1 D85C (49.6 TBC002OFxVx DC6-46.60-18-8C DC6-484W-16-8F RRUS 32 (50.8 Ibs) lb) lb) Dimensions HxWxD 96" x 11.9" x 7.1" 96" x 110 x 7.1" 9.3" x 10.3" x 4.8" 20.1" x 16.2" x 6.4" 23.5" x 9.7" x 9.T 2e.7" x 12.1" x 6.7" Wsight(lbs.) 49.6 49.6 11.0 16.0 20.0. 50.8 Location Tower Tower Tower Tower Tower Tager RAD Center AGL 146.0' 146.0' 146.0' 146.V 146.9 146.0' Antenna Tip Height 150.0' 150.17 146.4' 146.8' 147.0' 147.1' Antenna Be" Height 142.0' 142.9 145.6' 145.2' 145.V 144.9' Mount Type Sector Frame Sector Frame N/A Sector Frame Sector Frame Sector Frame Quantity 2 4 6 1 1 3 Azhiation ir. of Radiation 90/210/320 90/210/320 90/210/320 210 330/90/220 320/90/210 Quart. Per Azimuth/Sector 0/1/1 212/0 2l212 1 1/0/0 1/1/1 Frequency MHz MHz WA N/A WA WA Units Units 740 742.5 - 710 712; 868 880 890-691.5 TX Frequency 846.849; 835 845, 891-894, 880-890, MHz & 1945-1950, N/A WA WA WA 1940-1950,1860- 1965-1970,1985- 1870 1990 Mhz,740-746 740 742.5 - 710 712; 824-935,645 RX Frequency 846-849; 835 845, 8914M4, 880590, 846.5MHz & 1866- N/A N/A WA WA 1940-1950,1860- 1870,1865-1890, 1870 1905-1910 Using Unlicensed No NO No No No No Frequencies? Antenna Gain 13.5/ 13.6/ 14.71 13.5/ 13.6/ 14.7/ WA N/A WA WA 15.4/ 15.7/ 15.4115.71 Total If of LN»s 0 12 0 0 6 2 Line Qua Per WA 4/414 WA N/A See Config. Summary 2/0/0 Azi Aztrnufir/SecWr o Line Type N/A Coax WA N/A Multiple Control Cable Line Diameter Size NIA 1 5/8" Coax W N/A See Config. Summary 3/8" (0.30% 9.5mm)A RET Control Cable 2 - Fiber/Hybdd; 0.39" (10mm) Fiber Line Configuration WA N/A WA N/A Trunk, Ca 4 -Controll Cable; NIA 0.78" (19.7mm) 8 AWG 6; V210 Type RRU/RRH RRU/RRH FBter WA WA WA Manufacturer Ericsson Ericsson KMW N/A WA N/A Model # RRUS12 RRUS-11 1900 MHz KFTDR00110030 WA WA WA Dimensions HxWxD 18.5" x 18.2" x 7.3" 17" x 17.8" x 7.2" 10.3" x 8.5" x 4.9" WA N/A WA Weight(lbs.) 57.3 44.0 19.6 WA WA WA Location Tower Tower Tower WA WA WA RAD Center AGL 146.9 146.0' 1450 NIA N/A WA Antenna Tip Height 146.8' 146.T 146.4' WA WA WA Antenna Base Height 145.2' 145.3' 145.6' N/A WA N/A Mount Type Sector Frame Sector Frame Sector Frame N/A WA WA Quantity 3 3 1 WA WA WA Azimuths/Dir. of Radiation 90/2101345 90/210/345 90/210/320 WA WA N/A Quart. Per Azimute/Sector 111/1 U1/t 0/0/1WA WA N/A TXIRX Frequency Units N/A N/A WA WA WA N/A TX Frequency WA N/A WA N/A WA N/A RX Frequency WA WA WA WA WA N/A Using Unlicensed Frequencies? No No No WA WA WA Antenna Gain N/A 0 WA WA WA WA Total 0 of Lines 0 0 0 WA WA N/A Line Quant Per Azhnudnector N/A N/A WA WA WA N/A Line Type WA N/A WA WA WA N/A Line Diameter Size N/A WA WA WA WA N/A Line Configuration N/A N/A WA WA NIA N/A Rwi iMM-OM722736