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HomeMy WebLinkAboutSCHEDUALLicensar Site NamelNumber..Midway Road, FU 5100 SCANNED Llcensdo Site Name/Number: Midway Road 208•0-1059/ 10048909 BY St. Lucie County SCHEDULE TOWER SPACE LICENSE FOR NEW SITES This Schedule Is executed and delivered pursuant to that certain Master Tower Space License Agreement ' between Licensor and Licensee dated April 30, 2003 (the "Agreement"). All terms and conditions of the Agreement are Incorporated herein by reference and made a part hereof for ali purposes. Upon the execution by Licensee and Licensor, Licensee hereby licenses the Licensed Premises described below for the Installation and operation of Its Equipment described herein In accordance with the terms and conditions of the Agreement and those set forth below: License Contract Number: TBD Licensee Information! Licensee's Name: New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/bla Cingular Wireless Notice Address: New Cingular Wireless PCSt LLC Mail Code GAN02 6100 Atlantic Blvd Norcross, GA 30071 Attn: Network Real Estate Administration With a copy to: Cingular Wireless, LLC 565 Glenridge Connector, Suite 1700 Atlanta GA 30342 With a copy to: Cingular Wireless, LLC Site Midway Road 5201 Congress Ave Boca Raton, FL 33487 Attn: Manager, RE and Construction Contact Name: BkFHegtrns L e.ctse-. flamt nt s hon Contact Number: me-684-2w s6t - `aCt6- 315-A- Fax Number: &%-GSI-2696 ss, - aqs - 35Q 4 Invoice Address: Cingular Wireless 6100 Atlantic Blvd. Norcross, GA 30071 Attn: Accounts Payable With a copy to: Cingular Wireless (Legal nollces only) Attn: Legal Department He: Cingular Cell She No.: 10048909 Cell Site Name: Midway Road 208-G-1059 15 East Midland Avenue Paramus, NJ 07652 Licensor We Name/Number: Midway Road, FU 6100 Licensee Site Name/Number: Midway Road 208-G-1089/ 10046909 Licensor Information: Notice Address: American Towers, Inc. c/a American Tower Corporation 10 Presidential Way Woburn, MA 01801 Contact Name: Contracts Manager Contact Phone Number: 781.926.4500 Contact Fax Number: 781-926.4555 Remittance Address: American Towers, Inc. c/o American Tower Corporation Dept. 5305 P.O. Box 300DO Hartford, CT 06150-5305 Tower Information: Licensor Site Name: Midway Road Coordinates:27-22.49.1 N 80.22-572 W Licensor Site Number: 51DO Licensee Site Name: Midway Road 208-G-1059 Licensee She Number: 10048909 License Fees and Term: License Commencement Date: The earlier of (I) the commencement of construction or Installation of Licensee's Equipment or (11) July 2, 2005 as set forth In Section 4.2 of the Agreement ("License Commencement Date"). License Fee: payable monthly In advance. Refer to Section 4.2 of the Agreement for the duration of the License Term (Including renewal periods) and Section 6.1 of the Agreement for the Annual Escalator. Collocation Fee for Tower Upgrade, If applicable: Licensee Eguloment Information: Licensee's Equipment, Frequencies and Channels and the Identification of the Licensed Space at the Tower Facility are described In Exhibit A, which Is Incorporated herein by reference and made a part hereof. The precise frequency Information shall be provided only for informational purposes only. Site Drawings pursuant to Section 8.2(h) of the Agreement, Including the location of Licensee's Equipment within Licensoe's building or shelter (If applicable) shall be attached hereto as Exhibit B. As -Built Drawings pursuant to Section 8.2(h) of the Agreement shall'he attached hereto as Exhibit Other ProvlSlons: o All Licenses for Tower Facilities located in the state of Florida shall Include the following provision In this section: "Radon Is a naturally occurring radioactive gas Licensor Site Name/Number. Midway Road, FU S100 Licensee Site Nams/Number: Midway Road 208-G-1089/ 10048909 Licensee acknowledges that AT&T Is a third party beneficiary of the provisions of subsection (a), (b), and (c)." • Additional provisions (including, without limitation, Administrative Fees) may be Inserted here on a slte•specific basis. Agreed to and accepted by: LICENSOR: Signed, sealed and delivered in the American Towers, Inc., a Delaware corporation, a presence of: wholly owned subsidiary of American Tower Corporation, a Delaware corporation Witness Q.rurr.��4crL By: Witness Nnnis Machetes Title: Director, Colocation & Administration Date: 40116,1— Agreed to and accepted by: LICENSEE: Signed, sealed and de d in the New Cingular Wireless PC$, LLC, a Delaware presence of, limited liability company, d/b/a Cingular Wireless Wlkft�ss By, C F. Witness Name: - µrdpm Schuns Exec.Director-Network Title: Date: S /os The offer of license expressed In any this Schedule as offered to Licensee shall automatically expire and become void /f not accepted and executed by Licensee and such acceptance received by Licensor w/thin twenty (20) Business. Days of the Offer Data in accordance with Section 3. This Schedule does not constitute Licensed Space until completed and executed by both parties In accordance with Sectfon 3.1(e). EXHIBITS ATTACHED HERETO: Exhibit A— Description of Equipment Exhibit B — Site Drawings Exhibit C— As Built Drawings Exhibit D - FCC/FAA Compliance Data Licensor Site Name/Number; Midway Road, FL / 5100 Licensor Contract Number: 99263 Licensee Site Name/Number. Midway / 208G1059 - 10048909 This First Amendment (the "First Amendment') to that certain Schedule Tower Space License For New Sites dated June 23, 2005 by and between American Towers, Inc. and New Cingular Wireless PCS, LLC (the "Agreement") is made and entered into this 7 1 day of ; .i 200) by and between American Towers, Inc., a p elaware corporal on. (the "Licensor") and New Cingular Wireless PCS, LLC, a DelawaN limited liability company (the "Licensee") (collectively, the "Parties'l. t RECITALS WHEREAS, Licensor owns a certain communications tower and leases a certain parcel of land located at 5690 W. Midway Road, Fort Pierce, FL 34981 more commonly known to Licensor as the Midway Road, FL tower site (the "Tower Facility"); and WHEREAS, Licensor and Licensee certain (iortion of the Tower Facility; and entered into the Agreement for the use of a WHEREAS, Licensee desires to modify its installed equipment at the Tower Facility, ("Modified Equipment"); and WHEREAS, the Parties agree that as consideration for Licensee's Modified Equip_rtient, the current License Fee payable under the Agreement shall be increased as set fortl) herein. . IJOW THEREFORE, in consideration of the foregoing promises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1) Licensor and Licensee agree and acknowledge that Licensee shall have a final installed equipment configuration of six (6) Kathrein-Scala panel antennas; six (6) ixcibel panel antennas, three (3) Kathrein Smart Bias-T, six (6) RFS diplexers, (6) RFS towermounted amplifiers, six (6) Kathrein reo's and twelve (12) 1 g/8" diameter transmission lines at the mount height of one hundred fifty-five feet (155') centerlide AGL. 2) Licensor and Licensee agree and acknowledge that Exhibit A to the Agreement is hereby deleted in its entirety as of the date this First Amendment is fully executed �ed shall be replaced with Exhibit A-1 attached hereto and incorporated by this ference. In the event of inconsistency or discrepancy between the Exhibit A-1 �nd Licensee's equipment information set forth in the Agreement, the Exhibit A-1 shall control. 3) Effective upon the earlier to occur of: i) the issue date of the NTP by Licensor; or ii) October 8, 2007 ("Commencement Date"), the License Fee shall be increased Licensor Site NamdNumber: Midway Road, rL / 5100 Licensor Contract Number: 99263 Licensee Site Name/Number: Midway! 20801059 . IOW8909 per month ("Increased Fee"). The Increased Fee for any fractional month at the beginning or end of the period shall be appropriately prorated. 4) Capitalized terms contained herein, unless otherwise defined, are intended to have the same meaning and effect as that set forth in the Agreement. 5) All other terms and provisions of the Agreement remain in full force and effect. t [SIGNATURES APPEAR ON THE NEXT PAGE] [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] 2 Licensor Sito Name/Number: Midway Road, FL / 5100 Licensor Contract Number. 99263 Licensee Site Name/Number. Midway / 208GI059. 10048909 N WITNESS WHEREOF, the Parties ftereto have set their hands and seals to this First Amendment to that certain Schedule Tower Space License For New Sites as of the day'and year first written above: Signed, sealed and delivered in the presence of: Agreed to and accepted by: LICENSOR: American Towers, Inc., a Delaware corporation, a wholly owned subsidiary of American Tower Corporation, a Delaware corporation Witnes Witness Name: iehard Rossi Signed, sealed and delivered in the presence of Title: Director, Contract Management Date: r- Agreed to and accepted by: LICENSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: h� Witness Name: _ Mark Austin Title: Exec Director, Network Date: O - -� /YL6 /