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HomeMy WebLinkAboutAMENDMENT TO LICENSEDocuSign Envelope ID: E0006A20-FD16-4DBD-AE55-OF6F9475D356 SCANNED BY St. Lucie County Licensor Contract Number: 171903 THIRD AMENDMENT TO SCHEDULE FOR EXISTING SITES TOWER SPACE LICENSE This Third Amendment (the "Third Amendment') to that certain Schedule for Existing Sites Tower Space License dated July 18, 2006, by and between American Tower, L.P. and T-Mobile South LLC, as amended by that certain First Amendment to Schedule for Existing Sites Tower Space License dated July 18, 2006, as modified by that certain Letter Regarding Ericsson/NSN Modernization Sites Containing Excess Equipment (the "Letter") - Batch 76 dated April 28, 2014, as modified by that certain Application Approval Letter dated April 28, 2014 (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 ("Licensor") and T-Mobile South LLC, a Delaware limited liability company ("Licensee") (collectively, the "Parties"). RECITALS WHEREAS, Licensee desires to modify its Equipment and/or ground space at the Site 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) Site. The Agreement being amended by this Third Amendment is for the Site identified below: Licensor Site Name/Number: Angle Road / 5110 Licensee Site Name/Number: ATC Woodcrest / A2P0048A 2) Modification To Equpment. 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 B-2 attached hereto. 3) License Fee Increase. Effective upon the earlier to occur of (i) the issue date of the NTP by Licensor for the installation of the modified Equipment; or (ii) September 30, 2016, the License Fee shall be increased by One Hundred Eleven and 39/100 ($111.39) per month (the "Increase"). The Increase for any fractional month at the beginning or end of the period shall be appropriately prorated. The Parties agree that the Increase was calculated as follows: ttkpmen�Type PncePecltemuani} TotatPnce z " . Oversized Antenna $37.13 3 $111.39 Total "Increase" $111.39 4) Term Extension. The current term of the Agreement, whether an initial, primary, renewal or extension term, is hereby extended until the date ten (10) years from the date this Third Amendment is. Pagel of4 DocuSign Envelope ID: E0006A20-FD76-40BD-AE55-OF6F9475D358 ' Licensor Contract Number: 171903 fully executed. Notwithstanding the foregoing, if the current term of the Agreement, as of the date this Third Amendment is fully executed, is longer than ten (10) years from the date this Third Amendment is fully executed, then such longer term shall instead apply and shall not be adjusted by this Third Amendment. Any remaining renewal or extension terms shall remain in full force and effect. 5) Tower Modifications. Licensor and Licensee agree and acknowledge that structural modifications are necessary to accommodate Licensee's equipment modifications. _ Wherefore, Licensor and Licensee agree and acknowledge that Licensee shall pay to Licensor within thirty (30) days of receipt of an invoice a "Capital Contribution Fee" in the amount of Twenty Six Thousand Four Hundred Fifty Five and 77/100 Dollars ($26,455.77) which fee represents Licensee's contribution for costs associated with tower modifications required to accommodate the installation of Licensee's Equipment. 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] Page 2 of 4 e i DocuSign Envelope ID: E0006A20-FD16-4DBD-AE55-OF6F9475D358 Licensor Contract Number. 171903 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 the presence of: Witness Witness Signed, sealed and delivered in the presence of: pxu5lpnetl by: �wust, (pvvt.Q Wlfies kBYES... `NAan1u. �}au.cla, Witness oQMMDAeOWS... Agreed to and accepted by: LICENSOR: American Towers LLC, a Delaware limited liability company ��� By: [Y" Name: Title: S r Co Date: 12 % 17 /15— Agreed to and accepted by: LICENSEE: T-Mobile South LLC, a Delaware limited liability company Docus�emd byt:1 itit.G/ By: (-� 1 dU/a ES%igME571480... Name: Tony McDowell Title: Sr.Director Engineering and Operations South Flori Date: 12/14/2015 Page 3 of 4 DocuSign Envelope ID: E0006A20-FD16-4DBD-AE55-OF6FO475D358 Exhibit B-2 Licensor Contract Number. 171903 Page 4 of 4 DocuSign Envelope ID: E0006A20-FD16.4DBD-AE55-OF6F9475D358 Exhibit B-2 Customer Name: ATC Asset Name: ATC Asset #. T-MOBILE Angle Road 5110 Customer Site Name: Customer Site /e: ATC Woodcrest A2P0048A Total Lease Area Sq, Ft: 240.00' Primary Contiouous Lease Area L:2D.OT WOO.00' H:70.00 Sq. Ft 200.00 Generator AREA WA N/A WA 0.0 Concrete Pad 16.00, 7.00' WA 112.00 Outside Primary Lease Area N/A WA WA Sq. Ft: 40.00 Fuel Tank AREA 4.00' 10.07 WA 40.00 Setback AREA WA WA Refer to SIM Skateh Generator: Stand Alone Fuel Tank Size(gal): 120.0 Fuel Type: Propane Fuel Tank Selback(radius): 5.0 Power Provided By: Utility Company Direct Talco/Intarconnect:Copper Type: WA Quantity: NIA TX Power(watle): WA ERP(watts): WA 3� PANEL PANEL BOB/SSB RET/RCWRRU/RRH RET/RCU02RUIRRH RET/RCU(RRUIRRH Type Manufacturer Andrew Celimax Rayrap NOW Nokia Nokia model If BBNHH-ID65B CMA-BD BH/6520/EO RCMDC4010.PF-48 FRIG w/o SolarShield FRIE FXFC Olmensions HaWID 72.7'xll.9'x7.1' fi4.6'x15.9'x5' 20.6-x 16.1-x 5.8- 18.1-x 16.T x6' 5.2-x 19.3'x 22- 22.1'x19.4'x5.T Weight(lbs.) 50.7 62.0 20.0 54.0 55.1 55.1 .- Location Tower Tower Tower Tower Tower Tower RAD Center AGL 187.0' 187.0 187.0- 187.D 187.0 187.0' Antenna Tip Height 190.0' 189.7 187.9' 187.8- 187.2 187.7 Antenna Base 1840' 184.7 186.1' 1S6.2 188.9 186.1' Height Mount Type Seclor Frame SectorFrarne Sector Franre Sailor Frame. Sector Frame Sector Frame Quantity, 3 6 3 3 3 3 Azimuths/Dir.o/ 6011803DO 60/1807400 60/180300 6WI801300 60/180/300 6WI80300 Radiation Quan4 Per 1/1/1 2nn i1t71 1/117 1!1/1 - 1/111 AzimuWSector TXIRX Frequency MHz MHz NIA WA WA WA Units TX Frequency 1965-1985l2130- 1965-1911512130- WA WA NIA WA. 21551728.734 2155 RX Frequency 1885-1905l1735- 1885-190511730- WA WA WA WA 17551698-704 1755 Using Unlicensed No No No No No No Frequencies? Antenna Gain 12.8/13.1115.3! 417.1/417.3/ WA 0 WA WA 15.6116.0116.9 4x17S Total p o/Linea 3 3 3 .. 0 0 0 Line Quart Per 1/1/1 1/1/1 1/7/1 WA NIA WA AZMuWSector Line Type Coax Coax Fiber/Hybid WA WA WA Line Diameter Size 1 518' Coax I UW Coax 1'24'H(( 1.5dmm) WA WA WA Line Configuration WA WA WA WA WA WA DocuStgn Envelope ID: E0006A20-FD16-4DBD-AE55-OF6F9475D358 /(mil- ais - DocuSign Envelope ID: E0006A20-FD164DBD-AE55-OF6F9475D356 SCANNED BY St. Lucie Countv Licensor Contract Number. 171903 THIRD AMENDMENT TO SCHEDULE FOR EXISTING SITES TOWER SPACE LICENSE This Third Amendment (the "Third Amendment') to that certain Schedule for Existing Sites Tower Space License dated July 18, 2006, by and between American Tower, L.P. and T-Mobile South' LLC, as amended by that certain First Amendment to Schedule for Existing Sites Tower Space License dated July 18, 2006, as modified by that certain Letter Regarding Ericsson/NSN Modernization Sites Containing Excess Equipment (the "Letter") - Batch 76 dated April 28, 2014, as modified by that certain Application Approval Letter dated April 28, 2014 (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 ("Licensor") and T-Mobile South LLC, a Delaware limited liability company ("Licensee") (collectively, the "Parties"). RECITALS WHEREAS, Licensee desires to modify its Equipment and/or ground space at the Site 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) Site. The Agreement being amended by this Third Amendment is for the Site identified below: Licensor Site Name/Number: Angle Road / 5110 Licensee Site Name/Number: ATC Woodcrest / A2P0048A 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 B-2 attached hereto. 3) License Fee Increase. Effective upon the earlier to occur of: (i) the issue date of the NTP by Licensor for the installation of the modified Equipment; or (ii) September 30, 2016, the License Fee shall be increased by One Hundred Eleven and 39/100 ($111.39) per month (the "Increase"). The Increase for any fractional month at the beginning or end of the period shall be appropriately prorated. The Parties agree that the Increase was calculated as follows: pme4T3Pe PneePecTleetn Quantity TotaG.Pnce ,,� ?. Oversized Antenna $37.13 3 $111.39 Total "Increase" $111.39 4) Tenn Extension. The current term of the Agreement, whether an initial, primary, renewal or extension term, is hereby extended until the date ten (10) years from the date this Third Amendment is. Page 1 of DocuSign Envelope ID: E0006A20-FD16-4D6D-AE55-OF6F9475D358 Licensor Contract Number: 171903 fully executed. Notwithstanding the foregoing, if the current term of the Agreement, as of the date this Third Amendment is fully executed, is longer than ten (10) years from the date this Third Amendment is fully executed, then such longer term shall instead apply and shall not be adjusted by this Third Amendment. Any remaining renewal or extension terms shall remain in full force and effect. 5) Tower Modifications. Licensor and Licensee agree and acknowledge that structural modifications are necessary to accommodate Licensee's equipment modifications.. Wherefore, Licensor and Licensee agree and acknowledge that Licensee shall pay to Licensor within thirty (30) days of receipt of an invoice a "Capital Contribution Fee" in the amount of Twenty Six Thousand Four Hundred Fifty Five and 77/100 Dollars ($26,455.77) which fee represents Licensee's contribution for costs associated with tower modifications required to accommodate the installation of Licensee's Equipment. 6) Full Force and Effect. All terms and conditions set forth in the Agreement shall continue in full force and effect unless specifically modified herein. 7) Capitalized Terns. Capitalized terms contained herein, unless otherwise defined, are intended to have the same meaning and effect as set forth in the Agreement. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 4 DocuSign Envelope ID: E0006A20-FD164DBD-AE55-OF6F9475D358 Licensor Contract Number. 1719,03 IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed by their duly authorized representatives as of the day and year written below. Signed, sealed and delivered in the presence of. Witness Witness - Signed, sealed and delivered in the presence of O algry /b"� nU Wltne$BYES... Witness o"e saDAaosucs.. Agreed to and accepted by: LICENSOR: American Towers LLC, a Delaware limited liability comp,any� By: 15 Name: T)gN( Title: 4:;� r Co s Date: 12j 17 /1S— Agreed to and accepted by: LICENSEE: T-Mobile South LLC, a Delaware limited liability company By. [poc�Sig." d by: 'i; /td.U/OWa EMWME57140... Name: Tony McDowell Title: sr.Director Engineering and Operations south Flori Date: 12/14/2015 Page 3 of 4 DocuSign Envelope ID: EOOO6A20-FD164DBD-AE55-OF6F9475035B Exhibit B-2 Licensor Contract Number. 171903 Page 4 of 4 DocuSi9n Envelope ID: E0006A20-FO16-4DBD-AE55-OF6F9475D358 Exhibit B-2 Customer Name: ATC Asset Name: ATC Asset 0: T-MOBILE Angle Road 5110 Customer Site Name: Customer Site B: ATC Woodorest A2P0048A i 'rs Total Lease Area Sq. Ft 240.07 Pdmary Contiguaus Lease Are. L20.00 W:10.09 1-1:10.09 Sq. Ft 200.00 Generator AREA WA WA WA 0.0 Concrete Pad 16.00' 7.00' WA 112.00 Outside PrimaryLease Area WA WA WA Sq. Ft: 40.00 Fuei Tank AREA 4.00' 10.00, NIA 40.00 Setback AREA - WA WA Refsrto Site Sk,l h Generator: Stand! Alone Fuel Tank Size(gal): 120.0 Fuel Type: Propane Fuel Tank Setback(radlus): 5.0 Power Provided By: Utility Company Direct TelcolInterconnect: Copper M �- ^- aim Type: WA Quantity: WA TX Power(watls): WA ERP(Watts): WA Type PANEL PANEL BOBSSB RETIRCUIRRU/RRH RET/RCU/RRU/RRH RET/RCU/RRU/RRH Manufacturer Andrew CedMax Raywp Nokia Nokia Nokia Model If SBNHH-ID65B CMA-BDHB 5201E0 RCMDC-4010-PF-48 FRIG w/o Solar Shield FRIE FXFC Dimensions H.W.D 72.7'x11.91x7.1- 64.6'x15.9x5' 20.6-x18.1'x5.8- 18.1'x15.7xv 5.2-x 19.3'x22' 22.1-x19A'xS2' Weight(Iba.) 5D.7 62.0 20.0 54.0 55.1 65.1 Location Tower to. Tower Tower Tower Tower RADCenterAGL 187.0' 187.0' 187.0' 187.0' 187.0 187.0' Antenna Tip Height 190.0' 189.7' 187.9' 187.8- 187.2 167.7 Antenna Base Height 164.0' 184.3' 186.1' 186.2' 186.5 186.1' Mount Type Sector Frame Sector Frame Sect"Frame Sector Frame. Sector Frame Sector Frame Quantity. 3 6 3 , 3 3 3 AximuthslDir. of Radiation 80 60/180D00 60/180/300 60/180I300 60/180moo 601180/d00 Quant. Per Axkq Y1111$sclof ' 11111 2/2/1 1/1/1 -1/1l1 Will - Vill TX(RX Frequency Units MHz MHz NIA WA WA WA TX Frequency 1965-1985/2130- 2155/728.734 1965198512130- 2155 WA WA NIA WA. RX Frequency 1885-1905/1735- 1755/698.704 1885-1905/1730- 1755 WA WA N/A WA Using Unlicensed Frequencies? No No No No No No Antenna Gain 12.8/13.1/15.3/ 15.6116.8/ 15.9 4X17.114XI7.31 4x17.5 WA 0 WA WA Total Is of Lines 3 3 3 0 0 0 Line Quant Per AzIm"Sector 1/1/1 Vill 1I1/1 NIA NIA WA Line Type Coax Coax Fiber/Hybrid WA WA WA Line Diameter Size 1618*Coax 1518'Cm 1.24°�ri5dmm) N/A WA WA Line Configuration WA WA WA WA WA WA DocuSign Envelope ID: E0006A20-FD164DBD-AE55-0F6F9475D358 SCANNED BY DocuSign Envelope ID: E0006A20-FD164DBD-AE55-OF6F9475D358 St. Lucie County Licensor Contract Number. 171903 THIRD AMENDMENT TO SCHEDULE FOR EXISTING SITES TOWER SPACE LICENSE This Third Amendment (the "Third Amendment'). to that certain Schedule for Existing Sites Tower Space License dated July 18, 2006, by and between American Tower, L.P. and T-Mobile South LLC, as amended by that certain First Amendment to Schedule for Existing Sites Tower Space License dated July 18, 2006, as modified by that certain Letter Regarding Ericsson/NSN Modernization Sites Containing Excess Equipment (the "Letter") - Batch 76 dated April 28, 2014, as modified by that certain Application Approval Letter dated April 28, 2014 (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 ("Licensor") and T-Mobile South LLC, a Delaware limited liability company ("Licensee") (collectively, the "Parties"). RECITALS WHEREAS, Licensee desires to modify its Equipment and/or ground space at the Site 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) Site. The Agreement being amended by this Third Amendment is for the Site identified below: Licensor Site Name/Number: Angle Road / 5110 Licensee Site Name/Number: ATC Woodcrest 1 A2P0048A 2) Modification To F4uipment. 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 B-2 attached hereto. 3) License Fee Increase. Effective upon the earlier to occur of: (i) the issue date of the NTP by Licensor for the installation of the modified Equipment; or (ii) September 30, 2016, the License Fee shall be increased by One Hundred Eleven and 39/100 ($111.39) per month (the `Increase"). The Increase for any fractional month at the beginning or end of the period shall be appropriately prorated. The Parties agree,that the Increase was calculated as follows: tpment?ypd PncePerltem QuattGLy TotatPrtce ,K Oversized Antenna $37.13 3 $111.39 Total "Increase" $111.39 4) Term Extension. The current term of the Agreement, whether an initial, primary, renewal or extension term, is hereby extended until the date ten (10) years from the date this Third Amendment is Pagel of 4 DocuSi9n Envelope ID: E0006A20-FD16ADBD-AE55-OF6F9475D358 Licensor Contract Number: 171903 fully executed. Notwithstanding the foregoing, if the current term of the Agreement, as of the date this Third Amendment is fully executed, is longer than ten (10) years from the date this Third Amendment is fully executed, then such longer term shall instead apply and shall not be adjusted by this Third Amendment. Any remaining renewal or extension terms shall remain in full force and effect. 5) Tower Modifications. Licensor and Licensee agree and acknowledge that structural modifications are necessary to accommodate Licensee's equipment modifications. Wherefore, Licensor and Licensee agree and acknowledge that Licensee shall pay to Licensor within thirty (30) days of receipt of an invoice a "Capital Contribution Fee" in the amount of Twenty Six Thousand Four Hundred Fifty Five and 77/100 Dollars ($26,455.77) which fee represents Licensee's contribution for costs associated with tower modifications required to accommodate the installation of Licensee's Equipment. 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] Page 2 of 4 DocuSign Envelope ID: E0006A20-FD164DBD-AE55-OF6F9475D358 Licensor Contract Number: 171903 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. Agreed to and accepted by: LICENSOR: Signed, sealed and delivered in American Towers LLC, a Delaware limited the presence of: liability company Witness By: Witness Name: 1JoiN1 ct:c Title: S r Co . WQ Date: l 2 % 17 AS Agreed to and accepted by: LICENSEE: Signed, sealed and delivered in T-Mobile South LLC, a Delaware limited the presence of: liability company q�n Uslgu by: l tub- f MA OxuSign�e'a by{:1 Witnes /MAA � � VBJr�Es_. By: ��42h nnu/OWtU � vV &� �j r E5%19ME57148D... o4e54%Da OWB.. Tony McDowell Witness Name: Title: Sr.Director Engineering and operations South Flori Date: 12/14/2015 Page 3 of 4 DocuSign Envelope ID: E0006A20-FD164DBD-AE55-OF6F9475D356 Exhibit B-2 Licensor Contract Number: 171903 Page 4 of 4 DocuSign Envelope ID: E0006A20-FD16-4DBD-AE55-OF6F9475D358 Exhibit B-2 Customer Name: ATC Asset Name: ATC Asset 0. T-MOBILE Angle Road 5110 Customer Site Name: Customer Sitetl: .. ATC WoMoresl A42�P00,t8A Total Lease Area Sq. Ft; 240.00' Primary Continuous Lease Area L:20.09 W:10.00' H:t0.0O Sq. Ft 200.00 GeneratorARFA WA NIA WA 0.0 Concrete Pad 16.00' 7.00' WA 112.00 Outside Primary Lease A me NIA WA WA Sq. Ft: 40.00 Fuel Tank AREA 400' 10.00' WA 40.00 Setback AREA - N/A WA Referto SWISketch r� gip. '.[-.• �`i.x. Y4��p Generator. Sland Alone Fuel Tank Size(ga6: 120.0 Fuel Type: Propane Fuel Tank Sotback(radius): 5.0 P' T�v.a`3avar-55'•T -ryh- LJ-�,� O { -. - �.Z` h .�' :Zc Power Provided By: Utgity Company Direct Telconnmrconnect Copper Type: WA Quantity: N/A TX Power(walts): WA ERP(watis): WA 'RWR._ - RET/RCURRU(RRH La; RET/RCU/RRUIRRH Type PANEL PANEL BOBISSB RET/RCU/RRU/RRH Manufacturer Andrew CecMax Raycap Nokia Nokia Nokia Model III SBNHH-tO65B CMA-BDH� 520/EO RCMDC4010�PF18 FRIG w/o Selar Shield FRIE FXFC Dimensions HxWxD 72.7'xll.9x7.1' 64.6'x15.91x5" 20.6-x 16.1'x 5.8' 18.P'x 15.2"z 6' 5.2'x 19.W x 22' 22.1"x19.4'x S.T Weight(lbs.) 50.7 62.0 20.0 54.0 55.1 65.1 Location Tower Tower Tower Tower Tower Tower RADCenter AGL 187.0' 187.0' 187.0' 187.9 187.9 187.0' Antenna Tip Height 190D' 189.T 187.9' 187.8' 187.2 187.9' Antenna Base 1840' 184.3' 186.1' 185.2' 188.E 186.1' Height Mount Type Sector Frame Sector Frame Sector -Frame Sector Frame. Sector Frame Sector Freme Quantity. 3 6 3 3 3 3 Mannuth31Dir. of 60/1SOI300 80/1BO/300 60/180/300 60/180MOO 60/180/300 60/180Td00 Radiation Quant. Per 7l1/1 21= 1/1/1 1/iH 1/ili - 1/1/1 AzimuthiSector TX/RX Frequency MHz MHz WA WA WA WA Units TX Frequency 1965-1985/2130.E4x17.1/4xI7.3/ 0- NIA WA NIA WA, 2155/728�734 RX Frequency 1885-190511735.30- WA WA - NIA WA 17551698-704 Using Unlicensed No No No No No Frequencies? Antenna Gain 12.8113.1/ 15.3/3/ WA 0 WA . WA 15.6115.8115.9Total g of Lines 3 3 0 0 0 Line QuanL Per 1/i/t 1/1/1 111It NIA NIA N/A AzImulldSeeto( Line Type Coax Coax Fiber/Hybrid WA WA NIA Line Diameter size 1 5/B' Goes 1 51W Coax 1.24Hybriddmm) WA WA WA Line Con89urction WA WA WA WA 'NIA WA DocuSign Envelope ID: EOOOM20-FD164DBD-AE55-OF6F9475D358 - /