Loading...
HomeMy WebLinkAboutAPPROVED,A2P0044C - FL04816-A-10 (7th Amendment)A2 DocuSign En elopelD410444BD9B-A8B5-4625-AC90-30E4445BF759 Site ID: FL04816-A-10 Tenant Site ID: A2P0044C Site Name: Swain Road Tower Tenant Site Name: SBA Swain Road AMENDMENT TO ANTENNA SITE AGREEMENT THIS AMENDMENT TO ANTENNA SITE AGREEMENT (hereinafter "Amendment") is made as of IV30/2021 by and between SBA PROPERTIES, LLC, a Delaware limited liability company (hereinafter "Owner') and T-MOBILE SOUTH LLC, a Delaware limited liability company (hereinafter "Tenant") (each referred to hereinafter as a "Party" and collectively referred to as the "Parties"). WHEREAS, SBA Properties, Inc., a Florida corporation and Omnipoint Holdings, Inc., a Delaware corporation entered into an Antenna Site Agreement dated August 10, 2001, as amended on December 13, 2007, on February 8, 2008, on December 4, 2012 and October 27, 2015 by those certain Modernization Approval Forms and further amended on January 30, 2017 and on July 29, 2021 (collectively, the "Agreement") pursuant to which Tenant leases a portion of the tower site located at 1401 Swain Road, Fort Pierce, Florida 34950; and WHEREAS, on September 14, 2012 the Parties entered into that certain Omnibus Amendment to Antenna Site Agreements and Other Colocation Agreements which, among other things, amended certain terms of the Agreement (the "Omnibus Amendment"); and WHEREAS, Owner is successor in interest to SBA Properties, Inc.; and WHEREAS, Tenant is successor in interest to T-Mobile USA, Inc.; and WHEREAS, Owner and Tenant desire and intend to amend and supplement the Agreement as provided herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant, agree and bind themselves to the following modifications to the Agreement: 1. Each of the Parties hereto represents and warrants that it is the lawful successor entity to the Agreement and assumes all rights and obligations of its predecessors) thereunder. 2. Equipment as defined in Section 1 of the Agreement is hereby amended in accordance with Item 4 below. 3. Section 3 of the Agreement is hereby amended to increase Tenant's rent as follows: The current monthly rent shall be increased by effective the date this Amendment is last executed by both Parties, partial month to be prorate ,unless SBAN is awarded installation services for this Site, in which case the effective date will be the earlier of SBAN's issuance of the notice to proceed ("NTP"), or sixty (60) days following the date this Amendment is last executed by both Parties, partial month to be prorated. Rent, including any and all rent increases, will be escalated in accordance with the Omnibus Amendment. 4, Exhibit B -Antenna and Equipment List attached to the Agreement is hereby deleted in its entirety and replaced with the revised Exhibit B -Antenna and Equipment List attached hereto and made a part of the Agreement. 5. Owner and Tenant acknowledge that Owner shall perform or shall have performed a structural analysis on the tower with respect to Tenant's installation of its Equipment as set forth on Exhibit B attached to this Amendment. Tenant agrees that it shall be solely responsible for all costs associated with the structural analysis and foundation study if deemed necessary. In the event the tower or foundation shall need to be reinforced prior to the installation of Tenant's Equipment, all modifications and/or reinforcement of or other work on the tower, foundation and the installation of Tenant's Equipment on the tower will be at Tenant's sole cost and expense and performed by Owner or one of its affiliates or subsidiaries. Owner shall perform or shall have performed all such work in accordance with the structural analysis. In the event a pre -construction passing structural analysis is received for the Equipment set forth on Exhibit B, Tenant shall not be responsible for any costs related to modifications or reinforcement of the tower and any reference above to such effect shall be deemed null and void. T-Mobile 2018-2021 Amend, 7 SBA November 1, 2o21 A2P0044�NLC-43858J,MDIRe'placement_Blue_55576921—I—I-182237 DocuSign Envelope ID: 1044BD9B-A8B5-4625-AC90-30E4445BF759 Site ID: FL04816-A-10 Tenant Site ID: A2P00440 Site Name: Swain Road Tower Tenant Site Name: SBA Swain Road 6. The Parties acknowledge and agree that the intent of this Amendment is solely to amend certain terms of the Agreement and in no way does this Amendment amend the Omnibus Amendment. 7. Capitalized terms not defined in this Amendment will have the meaning ascribed to such terms in the Agreement. 8. This Amendment will be governed by and construed and enforced in accordance with the laws of the state in which the Site is located without regard to principles of conflicts of law. 9. Except as specifically set forth in this Amendment, the Agreement is otherwise unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall take precedence. 10. This Amendment shall be effective as of the date last executed by both Parties [Signature Page to Follow] T-Mobile 2018-2021 Amend. 7 SBA November 1.2021 2 DocuSign Envelope ID: 1044BD9B-A8B5-4625-AC90-30E4445BF759 Site ID: FI-04816-A-10 Tenant Site ID: A2P0044C Site Name: Swain Road Tower Tenant Site Name: SBA Swain Road IN WITNESS WHEREOF, Owner and Tenant have executed this Amendment to Antenna Site Agreement as of the date and year first above written. Signed and acknowledged in the presence of: Q�dbroll Print Name: Debi AlaOrOty %(� A4JI9 Print Name: Tracy Hadley Signed and acknowledged in the presence of: J� �l-uUA.taYu, Print Name: 3olin Mu earn Print Name: Caro a Bra ey OWNER: SBA PROPERTIES, LLC, a Delaware limited liability company QVISS& (�bttli�tatn Name: Jason Silberstein, EVP — Site Leasing OR Alyssa Houlihan, VP — Site Leasing Date: 11/30/Z021 TENANT: T-MOBILE SOUTH LLC, a Delaware limited liability company Name: .tess LOOK Title: Di rector, E8A Date: 11/29/2021 T-Mobile Legal approval �S(r� ESC-L T-MO ile National Lease ddydBp(3iWd i1/16/2021 TMo Signatory Level L06 T-Mobile 2018-2021 Amend. ? SBA �d)) November 1, 2021 A2P0044C_NLG-43858J1MDI Repnl acement_Bl ue_55576921--I-82237 DocuSign Envelope ID: 1044BD9B-A8B5-4625-AC90-30E4445BF759 Site ID: FL04816-A-10 Tenant Site ID: A2130044C Site Name: Swain Road Tower Tenant Site Name: SBA Swain Road EXHIBIT B ANTENNA AND EQUIPMENT LIST Equipment must be installed, routed and stacked pursuant to the most current structural analysis. The equipment contained in said structural must match the equipment as listed below, unless such equipment has been reduced and no structural analysis rerun Is required by Owner. For the purpose of this Exhibit B, all mounting heights are approximate. NOTE: Install may not obstruct any Iightfng, beacon, climbing path, guy wires on tower or curtent tenant Installation. Antennas: Quantity: Type: Manufacturer: Model: Dimensions: Weight Mounting Base: Mounting Center: Mounting Tip: Mounting Orientation: Mounting Downtilt: Cable: Number of Lines: Cable Type: Cable Size: Mount Equipment Mounts: Quantiy: Type: Manufacturer: Model: Weight: Mounting Center: Dishes: Tower Mounted Amplifiers (TMAs): Quantity: Manufacturer: Model: Dimensions: Weight: Mounting Center: Nine (9) Total Siz (6) net Cellmax CMA-BDHH0 165201 -8 64.6" x 15.9" x 5" 621bs. 229.3' 2' 23 234.7' 6091 1809 a 3009 Three (3) Penal Ericsson FFW-65C-R3-VI 95.9" x 25.2" x 9.3" 183A3lbs. 228' 232' 236' 180° 8 300° Eteven (11)Tolel Nine (9) Two (2) Coax HCS Trunk 1 518" 1,996" Three (3) V•Frame assembly Site Pro i VFA12•HD 630.79lbs. 232' N/A Three (3) RFS ATMAA1412D-1A20TMA 12'x 104 x40 13lbs. 232' T-Mobile 2018-2021 Amend. 7 November 1, 2021 DocuSign Envelope ID: 1044BD9B-A8B5-4625-AC90-30E4445BF759 Site ID: FL04816-A-10 Site Name: Swain Road Tower Tenant Site ID: A2P0044C Tenant Site Name: SBA Swain Road Remote Radio Units (RRUa): Six (6) Total Quantity: Three (3) Three (3) Manufacturer: Ericsson Ericsson Model: 4460 4480 Dimensions: 17" x 15.11" x 11.85" 21.8" x 15.4' x 7.5" Weight: 109lbs. 93lbs. Mounting Center. 232' 232' Cable: Number of Lines: One (1) Cable Type: Hybrid Cable Size: 1.584" RRU Modules: N/A DC Surge Suppression Systems Quantity: One (1) Manufacturer: Raycap Model: ASU9338TYP01 (RNSNDC4771-PF48) Dimensions: 12" x 10" x 4" Weight: 13lbs. Mounting Center: 237 Ground Space Requirements: Approximately 172 square feet Provided By: Tenant Tenant Type: Equipment Pad Generator Pad Dimensions: 5' x 8' ERP: N/A Transmitter Operating Power: N/A Generator: Quantity: One (1) Type: Diesel Manufacturer: Generac Model: RD025 Power: 25 kW GPS Receivers: Quantity: One (1) Mounting Center: 0' Transmitters: Quantity: Four(4) Manufacturer: Ericsson Model: RBS 2102 Transmitter Cabinets: Two(2)Total Quantity: One (1) One (1) Manufacturer: Ericsson Ericsson Model: E6160 B160 Dimensions: 62"x26"x 34" 62"x260x 26" Weight: 320 lbs- 295 the, Frequencles: Transmit: 612-652, 698-704, 1930-1995, 2110-2180 MHz Receive: 663-698, 728.734, 1710-1780, 1850-1915 MHz T-Mobile 2018-2021 Amend. 7 S Bi4 November 1, 2021 5