HomeMy WebLinkAboutSECOND AMENDMENT TO AGREEMENT(Pot
Licensor Contract No.: 156277
Licensee Fixed Asset No.:10070085
W 0 2 2018 I SECOND AMENDMENT TO AGREEMENT
ST•_L—IL"T endment (the "Second Amendment") to that certain Schedule Tower Space
License For Modified Sites, dated February 1, 2006 by and between American Towers, Inc. and New
Cingular Wireless PCS, LLC, as amended by that certain Application Approval Letter dated June 3, 2011
(the "Application Approval Letter") (as amended, the `Agreement'), is made and entered into as of the
latter signature date hereof, by and between American Towers LLC, a Delaware limited liability
company ("Licensor', and New Cingular Wireless PCS, LLC, a Delaware limited liability company
("Licensee'l.
a RECITALS
0
W o WHEREAS, structural modifications are necessary to accommodate Licensee's equipment to be
Z>- installed pursuant to the Application Approval Letter; and
Q CO U
W—i WHEREAS, Licensor and Licensee desire to memorialize Licensee's obligation to pay Licensor a
4j Capital Contribution Fee in association with the structural modifications; and
WHEREAS, Licensee desires to modify its equipment and/or ground space at the Tower Facility
described below.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. Tower Facility,
The Agreement being amended by this Second Amendment is for the
Tower Facility identified below:
Licensor Site Name/Number: Fort Pierce — OmniAmerica / 75123
Licensee Site Name/Number: Angle Road / FP01
2. Modification To Equipment. Notwithstanding anything to the contrary in the Agreement,
Licensee's current permitted equipment configuration and ground space under the Agreement is hereby
modified to be as set forth on Exhibit C-2 attached hereto.
3. License Fee. Payment of any increase to the License Fee applicable to this Second
Amendment has previously been arranged by Licensor and Licensee.
4. Structural Modifications and Capital Contribution Fee. Licensor and Licensee mutually
agree that structural modifications or repairs shall be made to the Tower Facility on mutually agreeable
terms to accommodate Licensee's installation. Licensor and Licensee agree and acknowledge that
Licensee shall pay to Licensor within thirty (30) days of receipt of an invoice a "Capital Contribution
Fee" in the amount of which
fee represents Licensee's contribution for costs associated with tower modifications required to
accommodate the installation of Licensee's equipment described in the Application Approval Letter.
5. Required NTP Information. A copy of the plans and specifications for the proposed
equipment installation, together with certain information regarding Licensee's contractors and work
schedule, are attached hereto as Attachment 1. (If applicable)
Licensor Contract No.: 156277
Licensee Fixed Asset No.:10070085
6. Full Force and Effect. All terms and conditions set forth in the Agreement shall continue
in full force and effect unless specifically modified herein.
7. Capitalized Terms. Capitalized terms contained herein, unless otherwise defined, are
intended to have the same meaning and effect as set forth in the Agreement.
[SIGNATURES ON FOLLOWING PAGE]
Licensor Conhaa No.: 156277
LicenseeFixed Asset No.:10070095
IN WITNESS VaERREOF, the parties have caused this Second Amendment to be executed by
their duly authorized representatives as of the day and year written below.
Agreed to and accepted by:
LICENSOR:
Signed s and livered in the American Towers LLC, a Delaware limited
present liability company
Witness
By:
Witness N e: c and Rossi
Ti e: is resident, tract Management
Date g
Signed, sealed and delivered in the
presence of
greed to and accepted by:
LICENSEE:
New Cingular Wireless PCS, LLC, a
Delaware limited liability company
A
By: AT&T Mobility Corporation
Its: Manager
1
Title: Area Manager, Construction & Engineering
Date: 517,3/i2