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HomeMy WebLinkAboutAMENDMENT TO AGREEMENTSite to: FL17050-A-01 Site Name: TC SR-70 SCANNED BY St. Lucie County Lessee Site ID: A2P0309M Lessee Site Name: AMENDMENT TO TOWER COMMUNICATIONS SITE LEASE AGREEMENT THIS AMENDMENT TO TOWER COMM�NS SITE LEASE AGREEMENT (hereinafter "Amendment") is made as of the ���ay of 2015, by and between TV6 Holdings, LLC, a Delaware limited liability company (hereinafter "Le sor") and METROPCS FLORIDA, LLC, a Delaware limited liability company (hereinafter "Lessee'). WHEREAS, Tower Assets Newco II, LLC, a Delaware limited liability company and Lessee entered into a Tower Communications Site Lease Agreement dated June 28, 2008, as amended on December 2, 2013 (the "Lease Agreement") pursuant to which Lessee leases a portion of the tower site located at 24880 Okeechobee Road, Fort Pierce, FL 34945; and WHEREAS, Tower Assets Newco II, LLC merged with Tower Assets Newco IX LLC a Delaware limited liability company on January 31, 2013; and WHEREAS, Tower Assets Newco IX LLC and TV6-W, LLC, a Delaware limited liability company entered into an Assignment and Assumption of Ground Lease dated January 1, 2014; and WHEREAS, TV6-W, LLC merged with and TV6 Holdings LLC, a Delaware limited liability company on June 8, 2015; and WHEREAS, Lessor and Lessee desire and intend to amend and supplement the Lease 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 Lease Agreement: 1. Lessee's Facilities as defined in Paragraph 2 of the Lease Agreement are hereby amended in accordance with Item 4 below. 2. Paragraph 5 of the Lease Agreement is hereby amended to increase Lessee's Rent as follows: The current monthly Rent shall be increased by plum effective the date this Amendment is last executed by both parties, partial month to be prorated. Upon the anniversary and all future anniversaries of the Commencement Date, Rent, including any and all Rent increases, will be escalated in accordance with the Lease Agreement. 3. Paragraph 22 of the Lease Agreement is hereby amended to reflect Lessor's current notice and rental payment addresses and Lessee's current notice address as follows: LESSOR'S NOTICE ADDRESS_: PAYMENT ADDRESS: TV6 Holdings LLC — TV6 Holdings LLC -- 8051 Congress Avenue PO Box 101663 Boca Raton, Florida 33487-130 Attn: Site Administration RE: FL17050-A-01 / TC SR-70 LESSEE'S NOTICE ADDRESS: T-Mobile USA, Inc. 12920 SE 38 ° Street Bellevue, WA 98006-1350 Attn: Lease Compliance RE:A2P0309M MetroPCS Amend.2 September 3, 2015 RE: FL17050-A-01 / TC SR-70 Site ID: FL17050-A-01 Site Name: TC SR-70 Lessee Site ID: A2P0309M Lessee Site Name: 4. Exhibit A-1 — Collocation Application attached to the Agreement is hereby deleted in its entirety and replaced with Exhibit A-1 — Lessee's Facilities attached hereto and made a part of the Agreement. 5. Lessor and Lessee acknowledge that Lessor shall perform or have performed a structural analysis on the tower with respect to Lessee's installation of its Lessee's Facilities as set forth in Exhibit A-1 attached to this Amendment. Lessee 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 Lessee's Facilities, all modifications and/or reinforcement of or other work on the tower, foundation and the installation of Lessee's Facilities on the tower will be at Lessee's sole cost and expense and performed by Lessor or one of its affiliates or subsidiaries. Lessor shall perform or have performed all such work in accordance with the structural analysis. 6. Capitalized terms not defined in this Amendment will have the meaning ascribed to such terms in the Lease Agreement. 7. This Amendment will be governed by and construed and enforced in accordance with the laws of the state in which the Premises are located without regard to principles of conflicts of law. 8. Except as specifically set forth in this Amendment, the Lease 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 Lease Agreement and this Amendment, the terms of this Amendment shall take precedence. 9. This Amendment shall be effective as of the date last executed by both parties IN WITNESS WHEREOF, Lessor and Lessee have exec Communications Site Lease Agreement as of the date and year first above Signed and acknowledged in the pr ence of: Print Name: Carla aldeiglesias C Print Name: Fiorella Bandu STATE OF FLORIDA } COUNTY OF PALM BEACH } LESSOR: Amendment to LLC, Vice President, Site Leasing Date: 312 S f f, g5 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 TV6 Holdings, 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 she acknowledged this instrument to be the free act and deed of the Company. WITNESS MY HAND and Notarial Seal on this 9-S�-4 of a 2015. yCO IELLA RAN08965 MV COMMISSION �! FF9pa9ti5 Notary Pu C ExPIRES August 12.2019 non3ue.0im FknW ens.Mos.m MetroPCS Amend.2 2 $BA® September 3, 2015 Site ID: FL17050-A-01 Site Name: TC SR-70 Signed and acknowledged in the presence of: Print Print Name: / STATE OF } 10iDJORIV<il2 Lessee Site ID: A2P0309M Lessee Site Name: LESSEE: METROPCS FLORIDA, LLC, law i itad liability company I c Name: Vrihrlan Kickhoef Title: Director Networ , Engineering and Operations Date: BEFORE ME, a Notary Public of the aforesaid State and County, p�t$k-; � -Harlan Kickhoefer, to me personally known (or proved by sufficient evidence) who, being���µq*`�wom (or affirmed) did say that he is the Director Network, Engineering and Operations of MetroP orida, 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 acknowledged this instrument to be the free act and deed of the Company.. ( p WITNESS MY HAND and Notarial Seal on this�� of l 2015. qta P blic MetroPCS Amend, 2 September 3, 2015 56A Site ID: FL17050-A-01 Site Name: TC SR-70 EXHIBIT A-1 Lessee's Facilities Lessee Site ID: A2P0309M Lessee Site Name: Equipment must be installed, routed and stacked pursuant to the Lessor provided structural analysis NOTE: Safety climb must be kept clear. 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): Diplexers: Remote Radio Units (RRUs): Quantity: Manufacturer: Model: Dimensions: Weight: Mounting: Six (6) Panel Cellmax CMA-BDHH/6520/EO-8 64.6" x 15.9" x 5" 62 lbs. At the approximate height level of: 245.5' 248' 250.5' 20-, 95` & 240- Three (3) Panel Andrew DBXNH-6565E-A2M 72.7" x 11.9" x 7.1" 46.3 lbs. 245' 248' 251' Existing, unless otherwise depicted in the structural analysis. Nine (9) Total Six (6) Three (3) Coax Hybrid 7/8" 1.24" N/A N/A 10T&I Nine (9) Total Three (3) Three (3) Three (3) Nokia Nokia Nokia FXFB FRIG FRIE 22"x18"x5" 18.9"x 15.2" x 6" 22"x18"x5" 55 lbs. 57.32 lbs. 55 lbs. With Lessee's With Lessee's With Lessee's antennas antennas antennas DC Surge Suppression Systems: - -- = - -Quantity:- - --One 0)) - _ - -- - - - Manufacturer: Raycap _Model: -_ ASU9338TYP01 -Dimensions: — `-- - '-- - - 20:3W x 18 86' z Weight: 191bs. Mounting: With Tenant's antennas Ground Space Requirements: For Lessee Provided: Dimensions: Approximately 140 square feet Shelter 10' x 14' MetroPCS Amend.2 4 $BA September 3, 2016 Site ID: FL17050-A-01 Site Name: TC SR-70 GPS Receivers: Transmitters: Transmitter Cabinets: Frequencies: ERP: Transmitter Operating Power: Generator: Lessee Site ID: A21`03091VI Lessee 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 N/A MetroPCS Amend.2 5 September 3, 2015 $ BA