HomeMy WebLinkAboutAMENDMENT TO TOWER LEASESite ID: FL10049-A-03
Site Name: Midway Road
SCANNED
BY
St. Lucie Countv
AMENDMENT TO TOWER LEASE WITH OPTION
Tenant Site ID: A2P00388
Tenant Site Name:
2e THIS AVJENDMENT TO TOWER LEASE WITH OPTION (hereinafter "Amendment") is made as of the
day of -f- 2015, by and between SBA TOWERS II LLC, a Florida limited liability company
(hereinafter "Landlo ") 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, W&M Management, Inc., a Florida corporation and Omnipoint Holdings, Inc., d/b/a
VoiceStream Wireless, a Delaware Corporation entered.into a Tower Lease With Option dated February 25,
2002, and an Addendum to Site Lease with Option last executed on March 30, 2002, as amended by those
certain First and Second Amendments dated July 9, 2002, and further amended on February 11, 2008 and on
March 12, 2008, and as further amended by that Modernization Approval Form dated December 4, 2012
(collectively, the "Lease") pursuant to which Tenant leases a portion of the tower site located at 375 E. Midway
Road, Fort Pierce, FL 34982-8522; 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 Lease (the "Omnibus Amendment"); and
WHEREAS, W&M Management, Inc. sold all of its rights, title and interest in and to any and all
covenants, restrictions and agreements benefiting the real property to Midway Tower Management, Inc., a
Florida corporation pursuant to the certain Warranty Deed dated May 6, 2003; and
WHEREAS, Omnipoint Holdings, Inc. and T-Mobile USA, Inc., a Delaware corporation, entered into and
Assignment, Bill of Sale and Assumption Agreement effective January 1, 2006; and
WHEREAS, T-Mobile USA, Inc., and Tenant entered into and Assignment, Bill of Sale and Assumption
Agreement effective January 1, 2006, and
WHEREAS, Midway Tower Management, Inc. and Landlord entered into a Bill of Sale and Assignment
dated April 25, 2007; and
WHEREAS, Landlord and Tenant desire and intend to amend and supplement the Lease 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
Lease:
Section 1(c) of the Lease is hereby deleted in its entirety and replaced with the following:
(c) Tenant's location on the Tower shall be at 256 feet above ground level
2. - Section 4 of the Lease is hereby amended to increase Tenant's Rent as follows:
Thecurrent annual Rent shall be increased by_ _ _effective the _
date this Amendment is last executed by both parties, partial year to be prorated. Rent, including any and all
Rent increases, will be escalated in accordance with the Omnibus Amendment.
3. Antenna Facilities as defined in Section 7(a) of the Lease are hereby amended in accordance with Item
5 below.
[Remainder of Page Intentionally Left Blank]
T-Mobile Amend.6 1 SBA®
Augusl18,2015
Site ID: FL10049-A-03 Tenant Site ID: A2P00386
Site Name: Midway Road Tenant Site Name:
4. Section 12 of the Lease is hereby amended to reflect Landlord's and Tenant's current notice address
as follows:
LANDLORD'S NOTICE ADDRESS:
SBA Towers II LLC
8051 Congress Avenue
2nd Floor
Boca Raton, Florida 33487-1307
Attn: Site Administration
RE: FL10049-A-03 / Midway Road
TENANT'S NOTICE ADDRESS:
T-Mobile USA, Inc.
12920 S.E. 38' Street
Bellevue, WA 98006-1350
Attn: Lease Compliance
Site No.: A213003813
5. The Antenna and Equipment List and Attachment A — Modernization Application to the Lease are
hereby deleted in their entirety and replaced with the revised Antenna and Equipment List attached hereto and
made a part of the Lease.
6. The Parties acknowledge and agree that the intent of this Amendment is solely to amend certain terms
of the Lease 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
Lease.
8. This Amendment will be governed by and construed and enforced in accordance with the laws of the
state in which the Property is located without regard to principles of conflicts of law.
9. Except as specifically set forth in this Amendment, the Lease is otherwise unmodified and remains in full
force and effect and is hereby ratified and reaffirmed. In the event of any inconsistencies between the Lease
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(s) To Follow]
T-Mobile Amend. 6 2 SBA
August 18, 2015
Site ID: FL10049-A-03
Site Name: Midway Road
Tenant Site ID: A2P0038B
Tenant Site Name:
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment to Tower Lease With
Option as of the date and year first above written. 11
Signed and acknowledged in
the presence of:
A4Ll / A->
Print Name: Anthony Garcia
Print Name: filia- 62rla-so
STATE OF FLORIDA
COUNTY OF PALM BEACH
LANDLORD: SBA TWERS II LLC,
a F[prida limited liabilib
Name: Alysa Houlihan
Title: Vice President, Site Leasing de
Date: O 2 I I S
BEFORE ME, a Notary Public of the aforesaid State and County, personally appeared Alyssa Houlihan,
to me personally known (or proved by sufficient evidence) who, being by me duly sworn (or affirmed) did say
that she is the Vice President, Site Leasing of SBA Towers 11 LLC, a Florida limited liability company described
herein and that the instrument was signed on behalf of the Company, by authority of the Company and that she
acknowledged this instrument to be the free act and deed of the Company.
fS ^
WITNESS MY HAND and Notarial Seal on this Z of ' i "A S , 2015.
DONNAS MARKS
s ln.rr� commission# 2 011663
ExPires May 4, 017 ,IVOIS
T-Mobile Amend.6
August 18, 2015
Notary Public
sEta®
Site ID: FL10049-A-03
Site Name: Midway Road
Signed and acknowledged in the
presence of:
-Im"L "A6'�`
Print Nam
Print Name:
STATE OF }
COUNTY OF
Tenant Site ID: A2P0038B
Tenant Site Name:
TENANT: T-MOBILE SOUTH LLC,
/�a Del a limited liability company
R 1
Name Harlan Kickhcefet
Title: U Director, Engin4d99and Operations
reW Date: O /(6
�`' i
o E7rv�,•.
• V
BEFORE ME, a Notary Public of the aforesaid State and CoC%�'appeared
Harlan Kickhoefer, to me personally known (or proved by sufficient evidence) who, �tiN� duly sworn
�
(or affirmed) did say that he/she is the Director, Engineering and Operations of T- o t e South LLC, a
Delaware limited liability company described herein and that the instrument was signed on behalf of the
Company, by authority of the Company and that he/she acknowledged this instrument to be the free act and
deed of the Company. `
-ZWWITNESS MY HAND and Notarial Seal on this of { 2015.
Notary
T-Mobile Amend.6
August 18, 2015
Site ID: FL10049-A-03 Tenant Site to: A2P0038B
Site Name: Midway Road Tenant Site Name:
ANTENNA AND EQUIPMENT LIST
Equipment must be installed, routed and stacked pursuant to FDH Velocitel Structural Analysis
dated July 28, 2015.
NOTE: Do not block climbing path
Antennas:
Quantity:
Type:
Manufacturer:
Model:
Dimensions:
Weight:
Mounting:
Base of the antenna:
Centerline of the antenna:
Tip of the antenna:
Orientation:
Downtilt:
Mount Type:
Cable:
Number of Lines:
Type:
Size:
Dishes:
Tower Mounted Amplifiers (TMAs):
Quantity:
Manufacturer:
Model:
Dimensions:
Weight:
Mounting:
Diplexers:
Remote Radio Units (RRUs):
Quantity:
Manufacturer:
Model:
Dimensions:
Weight:
- Junction Boxes:`
Quantity:
Manufacturer:
Model:
Dimensions:
Weight:
Mounting:
Ground Space Requirements:
For Tenant provided:
Dimensions:
T-Mobile Amend.6
August 18, 2015
Nine (9) Total
Six (6)
Panel
Cellmax
CMA-BDHH/6520/EO-8
64.6" x 15.9" x 5"
62 lbs.
Three (3)
Panel
Andrew
DBXNH-6565B-A2M
72.7" x 11.9" x 7. 1"
46.3 lbs.
At approximately the 253' height level,
At approximately the 256' height level, and
At approximately the 259' height level.
60°, 180" & 300°
(3) 15' T-Frames, per Structural Analysis.
Thirteen (13) Total
Twelve (12) One (1)
Coax Hybrid
15/8" 1.584"
I0f/1
Three (3)
RFS
ATMAA1412D-1A20
12"x10"x4"
13 lbs.
Behind Tenant's antennas
N/A
Five (5) Total
Two (2)
Nokia
FXFB
22. 1" x 19.4" x 5.2"
55 lbs.
With Tenant's antennas
Three (3)
Nokia
FRIG
6" x 15.2" x 18. 1"
57.32 lbs.
With Tenant's antennas
One (1)
Raycap
ASU9338TYP01 (RNSNDC-7771-PF48)
20.38" x 18.86" x 5.83"
19 lbs.
With Tenant's antennas
Approximately 353 square feet (15' x 23.5')
Concrete Precast Slab Generator Pad
8' x 14' 4' x 8'
SBA®
Site ID: FL10049-A-03
Site Name: Midway Road
GPS Receivers:
Transmitters:
Transmitter Cabinets:
Frequencies:
Transmitter Operating Power:
ERP:
Generator:
Quantity:
Location:
T-Mobile Amend.6
August 18, 2015
Tenant Site ID: A2120038B
Tenant Site Name:
N/A
N/A
N/A
Transmit: 1965-1985, 2130-2155, 728-734 MHz
Receive: 1885-1905, 1730-1755, 698-704 MHz
N/A
N/A
One (1)
Within Tenant's lease area
0
SBA