HomeMy WebLinkAboutAMENDMENT TO LICENSE AGREEMENTMAY 0 2 2018
ST. Lucie County, Permitting
SCANNED
BY
St. Lucie r,,, i t�,
THIS FIRST SITE AMENDMENT ("AMENDMENT') to the SITE LICENSE
AGREEMENT dated October 14, 2009, ("SLA) as referenced in that certain
COMMUNICATION LICENSE AGREEMENT dated January 7, 1997 as amended by that
First Amendment to Communication License Agreement dated October 14, 2009 (including all
authorized prior amendments theretothe "Agreement') by and between FLORIDA POWER
& LIGHT COMPANY, a Florida corporation, (referred to herein as "Licensor') and NEW
CINGULAR WIRELESS SERVICES, INC., a Delaware corporation (referred to herein as
"AT&T' or "Licensee',
WHEREAS, Licensor and Licensee entered into the Agreement whereby
Licensor authorized Licensee to install certain approved communications facilities on
a FPL controlled facility all as more particularly described on Exhibit "A" to the
Agreement; and
WHEREAS, Licensee desires to upgrade the ST. Lucie Service Center Site by adding additional
antennas and equipment. Licensor and Licensee wish to amend Exhibit "A" to the SLA to
provide for a new list of equipment to be installed at the ST. Lucie Service Center Site, extend
the term of this agreement as set forth in section 5.0 of the Agreement and to set forth the new
monthly License Fee for the addition of such equipment to the ST. Lucie Service Center Site.
NOW, THEREFORE, in consideration of the mutual covenants, representations
and agreements contained herein and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee, agree
to amend Agreement as follows:
1. Recitals. The foregoing recitations are true and correct, and are incorporated
by reference as if fully set forth herein. The capitalized terms used herein shall be given
the meaning ascribed in them in the Agreement, unless otherwise noted herein.
2. FPL Site. Subject to the terms and conditions of the Agreement and this SLA, FPL
hereby grants Licensee a license to use the following site:
FPL Property Name: FPL St. Lucie Service Center
Carrier Site Number: FP12- FA#10070076
Street Address: 3301 Orange Avenue
FPL Structure #: #222
Underlying Parcel ID: 2408-311-0001-0000
Parcel Ownership: FPL Owned
City: Fort Pierce
County. St Lucie
State: FL
Latitude:27-26-47N Longitude: 80-21-34W
Approximate Height of Structure Above Ground: 318ft
Site Type (check one):
®FPL fee owned ground space (Licensee shall verify ownership)
❑ Non- FPL Fee owned ground space (Owner consent required)
Structure Type (check one):
❑ FPL Transmission pole or structure
❑ communication tower, radio tower or structure
® IM communication tower or Structure
❑ Other
3. Right of Use. Licensee is hereby granted a license from FPL to use linear space on
the tower ("Tower's, and One Thousand Five Hundred Fifteen(1,515) square feet of ground
space at the FPL Property, (collectively, the "Site) for the construction, installation,
maintenance, repair, replacement and operation of the Licensee System as more specifically
described in Attachment A (the "Site Plan') and Attachment B ("Approved Equipment") to
this SLA, which attachments are incorporated herein and made a part hereof by reference as
though same had been fully set forth herein at length. The license granted to Licensee is non-
exclusive, however, only Licensee shall have the right to occupy that physical space on the pole
or tower licensed to Licensee for Licensee Approved Equipment.
4. License Fee. In accordance with Section 6.lof the Agreement (as amended), the annual
License Fee for use of the Site is "License
Fee") for up to 1,515 square feet of ground space at the Site, which License Fee will be paid and
escalate in accordance to section 6.8 of the Agreement (as amended). No variations to
Attachments A and B may be installed without the prior, written approval of FPL.
5. Individual Site Term. The Individual Site Term of the license granted pursuant to this
amendment shall be five (5) years from the License Fee Commencement Date.
[Signatures follow on next page]
[Balance of page intentionally left blank]
IN WITNESS WHEREOF, the Parties hereto have executed this SLA as of the date set
forth below
Witnesses as to
Florida Power
& Light Company:
MIohalle M. Kahmann
Marta, Hun
Witnesses as to:
FLORIDA POWER & LIGHT COMPANY,
a Florida co ratio
By:
Printed ame: J.
Title:NNW
me�,�•-
NEW CINGULAR WIRELESS PCS, LLC.,
a Delaware limited liability company,
By: AT&T Mobility Corporation
Its: Manager
By- 4,
y6(2,"4.
Prin acne: MlkeCastillo
Title: Director — Constrnutlon&
Engineering/ Florida