HomeMy WebLinkAboutAMENDMENT TO SUPPLEMENT., _ w
SCANNED
Lessor Site Reference: Russakisindriord St. LUCB Count Lessee Site Reference: C Indrio
Lessor Location k: 131694 y Lessee Location #: 10036833
THIRD AMENDMENT TO SUPPLEMENT
%VDMENT TO SUPPLEMENT (the "Third Amendment") is made this
day of )t, {oPY- 20 13 , between Verizon Wireless Personal Communications
Delawaze li rted partnership, Ala Verizon Wireless ("Lessor") and New Cingular Wireless
PCS, LLC, a Delaware limited liability company ("Lessee") (collectively, the "Parties").
WITNESSETH:
WHEREAS, Lessor and Lessee's predecessor in interest, BellSouth Mobility LLC,
entered into that certain Supplement dated September 11, 2003; as amended by that certain First
Amendment to Supplement dated July 21, 2004; as further amended by that certain Second
Amendment to Supplement dated October 15, 2007 (collectively the "Supplement') wherein
Lessor leased to Lessee certain land, owned or ]eased by Lessor, and certain space on a tower
structure owned and operated by Lessor located at 8801 Indrio Road, Fort Pierce, St. Lucie
County, Florida;
WHEREAS, Lessor and Lessee desire to amend the Supplement as hereinafter set forth;
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Lessor and Lessee agree to the following:
I. Lessee shall be allowed to make the equipment additions or removals necessary to
configure Lessee's equipment as shown on Exhibit 1-B of this Third Amendment
("Exhibit 1-B"), which is incorporated herein by this reference. As of the date this`
Third Amendment is fully executed, such Exhibit 1-B shall replace Exhibit 1 and
Exhibit 1-A in its entirety and shall replace any other description of Lessee's
equipment in the Supplement. Only the antennas and equipment listed in Exhibit
1-B will be authorized and permitted by Lessor.
2. Effective June 1, 2013, the 11, i 11,11111 and shall
continue to be paid in accordance with the terms and conditions of the Supplement.
3. The parties agree and acknowledge that the Lessor's notice and payment address
shall be as follows:
Lessor's Address for Notice Purposes:
Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, NJ 07921
Attention: Network Real Estate Department
Lessor's Payment Address:
Verizon Wireless
P.O. Box 64498
Baltimore, MD 21264-4498
Lessor Site Reference: Russakisindriord
Lessor Location #: 131694
Lessee Site Reference: C Indrio
Lessee Location M 10036833
4. The tower and related improvements at the site are, to Lessor's actual knowledge,
in good repair and are structurally safe and sound; however, Lessee acknowledges
and agrees that the tower requires strengthening and reinforcement in order to
accommodate installation and operation of Lessee's equipment that is to be added
pursuant to this Supplement ("Lessee's Additional Equipment"). Lessee shall carry
out such strengthening and reinforcement of the tower as required for Lessee's
Additional Equipment on the tower, including but not limited to all tower -
strengthening and reinforcement steps and satisfaction of all tower -strengthening
and reinforcement requirements as provided in, and in accordance with, (1) that
certain structural engineering report by CALTROP Corporation, dated April 30,
2013, entitled "Structural Retrofit Design Report (Revised)" of 115' Monopole
Tower, 8801 Indrio Road, Fort Pierce, St. Lucie County, Florida, which Lessee
irrevocably acknowledges has been furnished to Lessee, and (2) the professional
engineering design of such strengthening and reinforcement in such.report (the
"Structural Analysis"). Such work by Lessee shall include strengthening and
reinforcement for the existing load of equipment that is on the tower, for the
Lessee's Additional Equipment, and for the anticipated load of other equipment, if
any, that may be installed on the tower and for which a load is reserved in the
Structural Analysis. In the event that Lessee fails to complete the tower
strengthening and reinforcement work as set forth in the Structural Analysis, Lessor
reserves the right, in Lessor's sole discretion, to perform such work. Whether
Lessor performs the tower strengthening and reinforcement work, or requires or
allows Lessee to carry out any such strengthening and reinforcement work, Lessee
shall bear the expense of all such strengthening and reinforcement work at Lessee's
sole expense, and no rent credit or other credit or reimbursement will be provided
by Lessor in connection therewith. Lessee shall not do any work on the tower other
than that provided for in the Structural Analysis without Lessor's express, prior
written consent. Any additional plans or specifications, or any plans or
specifications that differ in any respect or extent from the Structural Analysis shall
be subject to pre -approval, in writing by Lessor before any work pursuant to such
plans or specifications is commenced. Any permits for the strengthening and
reinforcement work shall be obtained by Lessee, subject to Lessor's approval of
any condition to such permits, and at Lessee's sole expense.
The installations for such strengthening and reinforcement, whether done by Lessor
or Lessee, shall not be part of Lessee's equipment or property and upon installation
shall become part of the tower and other property belonging to Lessor, provided
that (1) Lessee shall ensure that the strengthening and reinforcement installations
done by Lessee are in conformity with the easements and rights granted to Lessee
in this Supplement; (2) that the location of all guy wires, bases, and other
strengthening and reinforcement installations are within the property owned by
Lessor, including any easements therefore; are within the structural parameters
contained in; and are installed in accordance with the Structural Analysis; and (3)
provided that Lessee shall remain fully responsible and liable for ensuring the
construction of such strengthening and reinforcement installations done by Lessee
are in accordance with the Structural Analysis, and have, otherwise been approved
by Lessor as required herein. Lessee shall cause all such strengthening and
reinforcement work and installations done by Lessee to be inspected and approved
Lessor Site Reference: Russakisindriord
Lessor Location N: 131644
Lessee Site Reference: C Indrio
Lessee Location M 10036833
by an independent and disinterested third -party professional ("Third -Party
Professional") who is acceptable to Lessor, and is in fact approved by Lessor in
advance of engagement by Lessee for such inspection. Lessor shall have the right.
to request evidence from the Third -Party Professional of its competency and all
required licenses. Lessor shall have the further right to approve the Third -Party
Professional's report. All such strengthening and reinforcement installations shall
remain with the tower as part of Lessor's property when this Supplement ends.
Nothing in this Section 4 waives or releases any obligation of Lessee with respect
to strengthening of reinforcement of the tower as provided elsewhere in this
Supplement, and all rights of Lessor with respect to the same are expressly
reserved.
5. Unless otherwise provided herein, all defined terms shall have the same meaning as
ascribed to such terms in the Supplement.
6. In the event of any conflict or inconsistency between the terms of this Third
Amendment and the Supplement, the terms of this Third Amendment shall govern
and control.
Except as otherwise provided for in this Thud Amendment, the Supplement shall
remain in full force and effect in accordance with the original terms of the
Supplement.
IN WITNESS WHEREOF, this Third Amendment is effective and entered into as of the
date last written below:
LESSOR:
LESSEE�WITNESSES:
Print Name: DP -r iecuts
Verizon
d/b/a
By. If I W
Name: Hans F. Leutenegger
Title: Area Vi� Pre ident Network
Date: mil,(eIzof7
LESSEE:
New Cingular Wireless PCS, LLC,
By: AT&T Mobility Corporatio
Its: M ger
By:
Name: Ml eCastlilo
Title: —Director— Construction& Date: —
Engineering/Florida _