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HomeMy WebLinkAboutAMENDMENT TO AGREEMENTDocuSign Envelope to: 595060F8-A334486B-81AA-388029FFAB95 SCANNED BY St. Lucie Count Sublicensor Site Name/Number: Ankon FL / 417613 Sublicensor Contract Numb : VZ100679 Sublicensee Site Name/Number: SFL890 A2P0305M This First Amendment (the "First Amendment") to that certain Tower ttachment Communications Site Sublicense Agreement dated December 17, 2008 by and betw en Central Florida Cellular Telephone Company, Inc. and MetroPCS Florida, LLC (the "Agr ement") is made and entered into as of the latter signature date hereof, by cen Alltel Communications, LLC d/b/a Verizon Wireless, as successor -in -interest to the greement ("Sublicensor") and MetroPCS Florda, LLC, a Delaware limited liability company ("Sublicensee") (collectively, the "Parties"). RECITALS WHEREAS, Sublicensor owns a certain communications tower and lease a certain parcel of land located at 6375 South US 1, White City, FL 34952 more common) known to Sublicensor as the Ankona FL / 417613 tower site (the "Premises"); and WHEREAS, Sublicensor and Sublicensee entered into the Agreement for tl)e use of a certain portion of the Premises; and WHEREAS, Sublicensee desires to modify its equipment at the Premises Modified Equipment"); and WHEREAS, the Parties agree that as consideration for Licensee's Modified the current Rent payable under the Agreement shall be increased as set forth herein. NOW THEREFORE, in consideration of the foregoing promises and for othr good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1) Sublicensor and Sublicensee agree and acknowledge that Licensee shall modify its equipment for a final installed configuration pursuant to Exhibit C-1. 2) Sublicensor and Sublicensee agree and acknowledge that as of the dal Amendment is fully executed, Sublicensee's equipment information set Agreement shall hereby be deleted in its entirety and shall be replaced with this First th in the thibit C-1 attached`heze o—and-incorporated_-by this reference. In the event of into sistency or discrepancy between the Exhibit C 1 and Sublicens_ee's equipment_informati n set forth in the Agreement, the Exhibit C-1 shall control. 3) Effective upon the earlier to occur of: i) the issue date of the NTP by Sublicensor; or ii) October 1, 2015 ("Commencement Date"), the Rent shall be increased I per month ("Increased F e" ). '1 tie Increased Fee for any fractional month at the beginning or end of the peri A shall be appropriately prorated. DocuSign Envelope ID: 595080F8-A334488B-81AA-388029FFA895 Sublicensor Site NameNumber: Ankona FL / 417613 Sublicensor Contract Numbe : VZ100679 Sublicensee Site Name/Number: SFL890 A21`0305M 4) Notwithstanding anything to the contrary in the Agreement, the offer to Sublicensee expressed in this First Amendment shall automatically become null and vo d with no further obligation by either party hereto if a structural analysis of the Premises completed after the execution of this First Amendment by Sublicensor but before the Commencement Date of the installation of Sublicensee's Modified Equipmer t indicates that the Premises is not suitable for Sublicensee's Modified Equipment unless Sublicensor and Sublicensee mutually agree that structural modifications or repairs shall be made to the Premises on mutually agreeable terms. 5) Sublicensor and Sublicensee agree and acknowledge that all future payments f the Rent shall be made to the Sublicensor at the following remittance address: ATC Sequoia LLC c/o American Tower Corporation Lockbox 7501 PO Box 7247 Philadelphia, PA 19170-7501 6) Sublicensor and Sublicensee agree and acknowledge that this First Am ndment is contingent upon the ground lessor's consent. 7) Capitalized terms contained herein, unless otherwise defined, are intended o have the same meaning and effect as that set forth in the Agreement. 8) All other terms and provisions of the Agreement remain in full force and [SIGNATURES APPEAR ON THE NEXT PAGE] [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] DocuSIgn Envelope ID: 595080F8-A334486B-81AA-388029FFA895 Sublicensor Site NameMumber: Ankona FL / 417613 Sublicensor Contract Number: VZ100679 Sublicensee Site NametNumber: SFL890 A2P0305M IN WITNESS WHEREOF, the Parties hereto have set their hands to this First Amendment to that certain Tower Attachment Communications Site Sublicense Agreement as of the day and year written below: Signed, sealed and delivered in the presence of: --Witness ;! Witness Signed, sealed and delivered in the resence of: {�o«usi9�a/M: `NMnia �w.elra Agreed to and accepted by: SUBLICENSOR: Alltel Communications, LLC d/b/a Verizon Wireless By: ATC Sequoia LLC, a Delaware limited liability company, its attomey-in- fact pursuant to that certain Limited Power of Attorney dated March 27, 2015 Un Title: Date: 9 Agreed to and accepted by: SUBLICENSEE: MetroPCS Florida, LLC, a Delaware limited liability company 92 `-055918C59ESNEC... � Name: Tared t_edet Title: Regional Development Direi DocuSlgn Envelope ID: 595060F8-A334-486B-81AA-388029FFA895 Sublicensor Site Name/Number: Ankona FL / 417613 Sublicensor Contract Numbe : VZ100679 Sublicensee Site Name/Number: SFL890 A2P0305M Exhibit C-I Y%NIBR . Ji P! 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