HomeMy WebLinkAboutFIRST AMENDMENT TO PCS SITE AGREEMENTMarket: Miami/West Palm
Region: South
SCANNED Nestel Site: M154XC0151 Sands on the Ocean
BY FIRST AMENDMENT
t. LuCle County TO PCS SITE AGREEMENT
This First Amendment to PCS Site Agreement ("Amendment') is made as of this I l,Ih day of
2006, by and between The Sands on the Ocean; a Condominium, Section 1,
AssociYtion, Inc. a Florida not for profit Corporation, with a mailing address of 3100 Ocean Drive, Fort
Pierre, Florida 34949 (hereinafter referred to as "Owneel and Sprint Spectrum LP., a Delaware limited
partnership with offices located at 851 Trafalgar Court, Suite 300E, Maitland, Florida 32751 (hereinafter
referred to as "SSLP')
WiTNESSETH:
WHEREAS, Owner and SSLP entered into a certain, PCS Site Agreement. dated November 28,
2000, (hereinafter referred to as the "Agreement"), for premises consisting of approximately three hundred
forty five (345) square feet located on top of the Owner Condominium at 3100 Ocean DrivF, Fort Pierce,
Florida (the "Building'), and all access and utility easements, if any (hereinafter collectivelytreferred to as
the "Premises'; and
WHEREAS, Owner and SSLP agree that the Agreement provides that SSLP shall have the right to
operate communications services at the Premises; and
WHEREAS, the parties now desire to modify and amend the Agreement in order to increase the
square footage of the Premises, adjust the monthly agreement fee, and update SSLP's noiice addresses.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. The Agreement is.amended to reflect the addition of 130 square feet of ground space on the
south of the building for the installation of a generator and supporting equipment. The parties also agree
that the costs for any renovations to the Owner buildings required to accommodate the installation of
SSLP's generator shall be home by SSLP.
2. Para h 3 of the Agreement is amended to reflect an increase of
to the monthly agreement fee currently in effect as of the start of construction of
the modifications under this First Amendment.
Sprint Contracts & Performance
NwIstop KSOPHT0101-Z2650
6391 Sprint Parkway
Overland Park, KS 66251-2650
Page 1 of 4
L
Market: Miamvwest Palm
Region: South
Nertel Site: AH54XCO15 / Sands on the Ocean
With copy to:
Sprint Law Department
Mailstop KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park, KS 66251-2650
Attn: Real Estate Attorney
4. Paragraph 19 of the Agreement is amended to reflect the addition of the following
provision:
If the Owner should renovate the building that contains the SSLP's generator and supporting
equipment at a future date, and in addition, the Owner decides to upgrade the Owners main generator to a
size that will accommodate both the Owner and SSLP's current needs, future needs, and be commercially
viable, the parties agree to negotiate in good faith with regard to the size and type of generator, the
location for installation of the 1proposed generator, the costs and expenses associated with such
installation, and the maintenance associated with such an upgrade.
5. Exhibit A of the Agreement is amended to include the attached Supplement to Exhibit A.
Any and all references to Exhibit A shall hereinafter include Supplement to Exhibit A.
6 Effective as of the date of this Amendment, SSLP has the right to do all work necessary to
prepare, maintain and alter the Premises in accordance with this First Amendment and as may be
necessary for SSLP's business operations at the Premises. All alterations, changes and equipment
modifications made pursuant to this First Amendment shall be made in compliance with the terms,
covenants and conditions of the Agreement, as hereby amended, and shall remain SSLP's personal
property and are not fixtures. Owner and SSLP further affirm that title to the SSLP's Facilities (including
any modifications made in accordance with this First Amendment) shall be held by SSLP.
7. Miscellaneous.
(a) All capitalized terms used herein, unless otherwise defined herein, shall be defined in
conformity with the terms and conditions of the Agreement.
(b) In case of any inconsistencies between the terms and conditions contained in the
Agreement and the terms and conditions contained herein, the terms and conditions herein shall control.
Except as set forth herein, all provisions of the Agreement remain unchanged and in full force and effect.
__ () _SSLP-shall-have the right to record an amended Memorandum of PCS Site Agreement in
the official Records of the Owner where the Property is located. Owner agrees to -execute an amended
Memorandum of PCS Site Agreement for recording upon request by SSLP.
(d) This First Amendment may be executed in multiple counterparts, each copy of which shall
be deemed an original document.
Page 2 of4
Market: Miamitwest Palm
Region: South
Nertel Site: MI54XCO15 / Sands on the Ocean
IN WITNESS WHEREOF, the parties have executed this instrument as a sealed instrument as of the day
and year first written above.
OWNER &A
Ta a Sands on the OceaVondominium
%a Florida not for profit corporation i
Sti=LT�a.'l�-` ASSOa1RT�0�J �i..L,)
SSLP:
Sprint Spectrum L.P., a Delaware corporation
By: Qa(2�:j �' By:
Name: Richard Estevas
Title: Vice President
Date: 91 l b/D(,
Witnesses for Richard Estevas:
Print Name: QUA-BSC, ggmvw
Name: David Wong
Title: Area Manager Site Development
Date: /G Ae /406
Witnesses for David Wong:
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Page 3 of 4
market.. MiamVWWtPalm
Region: South
Nend Site: ML54RC01S / Sands on the Ocean
SUPP EMFF.11Pt' TO EIBM1T A
to PCS Site Agreement dated November X 2000
i
DESCRIPTION OF PROUSES$
To the First Amendment to the PCS Site Agreement dated November 28, 2000, by and between Sands on the Ocean
Condominium, a Florida not for profit Corporation as Owner, and Sprint Spectrum L.P., a Delaware corporation as SSLP.
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