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HomeMy WebLinkAboutSITE AGREEMENTSite ID: FLO4816-A-10 Site Name: Swain Road Tower 6GANNED BY -3t Lucie CountV Tenant Site ID: A2POO44C Tenant Site Name: SBA AMENDMENT TO ANTENNA SITE AGREEMENT THIS AMENDMENT TO ANTENNA SITE AGREEMENT (hereinafter "Amendment') is made as of the day of �, 201 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 and further amended by those certain Modernization Approval Forms dated December 4, 2012 and October 27, 2015 (collectively, the "Agreement") pursuant to which Tenant leases a portion of the tower site located at 1401 Swain Road, Ft. Pierce, FL 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, Omnipoint Holdings, Inc. and T-Mobile USA, Inc., a Delaware corporation entered into an Assignment, Bill of Sale and Assumption Agreement effective 12:40 a.m. EST on January 1, 2006; and WHEREAS, T-Mobile USA, Inc. and Tenant entered into an Assignment, Bill of Sale and Assumption Ag�eement effective 12:50 a.m. EST on January 1, 2006; and WHEREAS, SBA Properties, Inc. converted into Owner on December 31, 2012; 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: I . Equipment as defined in Section I of the Agreement is hereby amended in accordance with Item 4 below. 2. Section 3 of the Agreement is hereby amended to increase Tenant's Rent as follows: The current monthly Rent shall be 9000effective 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. 3. Section 8 of the Agreement is hereby amended to reflect Owner's current notice and rental payment addresses and Tenant's current notice address as follows: OWNER'S NOTICE ADDRESS: SBA Properties, LLC 8051 Congress Avenue 20d Floor Boca Raton, FL 33487-1307 Attn: Site Administration RE: FL04816-A-10/Swain Road Tower TENANT'S NOTICE ADDRESS: T-Mobile USA, Inc. 12920 S.E. 381h Street Bellevue, WA 98006-1350 Attn: Lease Compliance Site No.:A2P0044C PAYMENT ADDRESS: SBA Properties, LLC P.O. Box 101667 Atlanta, GA 30392-1667 Attn: Accounts Receivable RE: FL04816-A-10/Swain Road Tower T-Mobile Amend 5 December 14, 2016 Site ID: FLO4816-A-10 Tenant Site ID: A21300440 Site Name: Swain Road Tower Tenant Site Name: SBA 4. Exhibit B — Antenna and Equipment List and Attachment A — Modernization Application to the Agreement are hereby deleted in their entirety and replaced with the revised Exhibit 8 — Antenna and Equipment List attached hereto and made a part of the Agreement. 5. The Pates 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. 6. Capitalized terms not defined in this Amendment will have the meaning ascribed to such terms in the Agreement. 7. 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. 8. 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. 9. This Amendment shall be effective as of the date last executed by both Pates 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 OWNER: SBA PROPERTIES, ILLC, the presence of: a Delaware limited liability company Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH Name: Alyssa Houlihan Title: Vice President, Site Leasing Date: 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 Properties, ILLC, 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 of , 20_. Notary Public T-Mobile Amend 5 2 December 14, 2016 Site ID: FL04816-A-10 Site Name: Swain Road Tower Signed and acknowledged in the presence of: Print Name Print Name: STATE OF COUNTY OF Tenant Site ID: A2P0044G Tenant Site Name: SBA TENANT: T-MOBILE SOUTH ILILC, a Delaware limited liability company Name: Tony R. McDowell Title: Sr. Director, Network Engineering and Operations BEFORE ME, a Notary Public of the aforesaid State and County, personally appeared Tony R. McDowell, to me personally known (or proved by sufficient evidence) who, being by me duly sworn (or affirmed) did say that he is the Sr. Director, Network Engineering and Operations of T-Mobile 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 acknowledged this instrument to be the free act and deed of the company. WITNESS MY HAND and Notarial Sea] on this of Notary Public on T-Mobile Amend 5 3 December 14, 2016 Site ID: FLO4816-A-10 Site Name: Swain Road Tower EXHIBIT B ANTENNA AND EQUIPMENT LIST Tenant Site ID: A2P0044C Tenant Site Name: SBA Equipment must be installed, routed and stacked pursuant to the TES Structural Analysis dated October 12, 2016. NOTE: Install must not obstruct any lighting, beacon, climbing path, guy wires on tower or current tenant installation. 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: Remote Radio Units (RRUs): Quantity: Manufacturer: Model: Dimensions/Weight: Mounting: DC Surge Suppression Systems: Quantity: Manufacturer: Model: Dimensions: __AEdgo!�__ , Mounting: Ground Space Requirements: For Tenant Provided: Dimensions: Nine (9) Total Six (6) Three (3) Panel Panel Cellmax Andrew CMA-BDHH/6520/EO-8 DBXNH-6565B-A2M 64.6" x 15.9" x 5.0" 72.7" x 11.9" x 7.1" 62 1 bs. 46.3 lbs. All heights are approximate as follows: 229.5' 229' 232' 232' 234.5' 235' 60', 180- & 300- (3) V-Frame (VF1 3-XX-96), per the Structural Analysis. Thirteen (13) Total Twelve(12) One(l) Coax Hybrid 1 5/8" 1.584" N/A Three (3) RFS ATMAA1412D-lA20 12 ... x 10" x 4" 13 lbs. Behind Tenant's antennas Six (6) Total Three (3) Nokia FHFB 34.3" x 12.6" x 7.8"151 lbs. With Tenant's antennas Three (3) Nokia FRIJ 23.11" x 11.41" x 4.84"/44 lbs. With Tenant's antennas One (1) Raycap ASU9338TYPOl (RNSNDC-7771-PF-48) 12" x 10" x 4" 13 lbs. With Tenant's antennas Approximately 172 square feet Equipment on Concrete Pad Generator pad 10'x 14' 4'x 8' T-Mobile Amend 5 December 14, 2016 FSBAM Site ID: FLO4816-A-10 Site Name: Swain Road Tower GPS Receivers: Quantity: Location: Transmitters: Quantity: Manufacturer: Model: Power Output (Watts) Transmitter Cabinets: Frequencies: ERP: Transmitter Operating Power: Generator: Quantity: Type: Power: Location: Tenant Site ID: A2P0044C Tenant Site Name: SBA One (1) Four (4) Ericcson RBS 2102 N/A Transmit: 1965-1985, 2130-2155, 728-734 MHz Receive: 1885-1905,1730-1755, 698-704 MHz 1650 59.6 dBm One (1) Diesel 30kw Within Tenant's lease area T-Mobile Amend 5 5 December 14, 2016