HomeMy WebLinkAbout2000 - First AmendmentBellSouth Mobility
5201 Congress Avenue
Boca Raton, Florida 33487
December 7, 2000
City of Sebastian
1225 Main Street
Sebastian, FI 32958
Att: City Manager
561995-3000
RE: Legal Documents for Vero6 Site
Dear Mr. Moore,
OO BELLSOUTH Mobility
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2000 DEC
1 Received ti
City Managers o
`'0tn Office
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I am enclosing a fully executed Option and Lease Agreement and First Amendment,
which was executed by BellSouth Mobility and the City Of Sebastian. Please retain the
documents for your records
If I can be of further assistance, please call me at (561) 995-3252.
Sincerely,
Nessiffer haisingh
Real Estate & Construction Administrator
Enc. (2)
F
r
FIRST AMENDMENT TO OPTION AND LEASE AGREEMENT
THIS FIRST AMENDMENT TO OPTION AlYD LEASE
AGREEMENT ("Amendment") is made this ~'Fh day of >)¢,ryl,{~ ,
2000, by BELLSOLJTH MOBILITY I#E-a Georgia ("BellSouth") and the
CITY OF SEBASTIAN ("Landlord"). ~cc t~
WITNESSETH:
THAT WHEREAS, Landlord and BellSouth are parties to that certain
Option and Lease Agreement dated as of June 15, 2000 (the "Lease"), the terms of which
are incorporated herein by reference, whereby BellSouth leased certain real property
located in Indian River County, State of Florida, as such property is more particulazly
described in the Lease (the "Leased Premises"); and
WHEREAS, the parties wish to modify certain terms and conditions of
the Lease as provided herein.
NOW THEREFORE, for the mutual covenants and premises herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, the undersigned parties, intending to be bound, hereby agree as
follows:
1. Addendum. Paragraph 10 of the Addendum is hereby deleted.
Paragraph 17 of the Lease is hereby ratified and affirmed. Landlord has been advised
that BellSouth has sublet a portion of the Leased Premises to Crown Castle Intemational,
Inc. or an affiliate thereof ("Crown"). As used hereinafter "Crown" shall also mean any
successor to Crown Castle International, Inc., or any additional, subsequent sublessee of
BellSouth.
2. One-Time Fee. As consideration for Landlord's willingness to
delete Pazagraph 10 of the Addendum, as provided herein, BellSouth agrees to make a
one-time payment to Landlord of Twenty Five Thousand and No/100 Dollars
($25,000.00) (the "Fee"). Such Fee shall be payable to Landlord within thirty (30) days
after which BellSouth commences material physical alteration of the Leased Premises for
the purpose of constructing the wireless communications facility. If BellSouth terminates
this Lease prior to such commencement of construction then the Fee shall not be payable.
3. Revenue Sharine. As further consideration for Landlord's
willingness to delete Paragraph 10 of the Addendum relating to the use of ground
structures with respect to the co-locating and/or subleasing of antenna space on the
Leased Premises, BellSouth agrees to pay Landlord twenty-five percent (25%) of all base
rent actually received by Crown, from any subtenants, licensees or sublicensees of Crown
locating telecommunications equipment on the tower at the Leased Premises. Any
additional amounts payable to Landlord will be determined by Crown within thirty (30)
days after any new tenant shall have been installed on the tower, and Crown will
promptly notify BellSouth and Landlord in writing of the amount of additional rent due
VER06
MI1191G8TD2\1 YQV02!.DOCU9G32 0005
under the Lease for such tenant. In the event Landlord disputes the amount of additional
rent due as calculated by Crown, Landlord must notify BellSouth and Crown in writing
that it is disputing the amount due within thirty (30) days after it receives Crown's notice
or such claim shall be waived. BellSouth will begin paying the amount of additional rent
payable to Landlord for any new sublease within thirty (30) days after it receives notice
from Crown of the amount of additional rent due (retroactive to the date upon which the
tenant began paying rent under its sublease with Crown).
Notwithstanding the foregoing, Landlord agrees that it will not be entitled to shaze
in or receive any portion of (a) any sublease payment or other consideration paid by
Crown to BellSouth in connection with any subleasing or sublicensing of the Leased
Premises, so long as Crown is not locating telecommunications equipment on the tower at
the Leased Premises, or (b) any payment or other consideration paid by BellSouth to
Crown with respect to the Leased Premises.
The foregoing shall supersede and replace any existing right of Landlord
(if any) to receive additional rent or other consideration under the Lease (in the nature of
revenue sharing or otherwise) as a result of any subleasing, sublicensing or other co-
location oftenants on the Leased Premises by BellSouth or Crown.
4. No Other Amendments. Except as expressly modified by this
Amendment, the Lease remains unchanged and in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment the
day and yeaz first above written.
Signed, sealed and delivered in the
presence of:
Print Name: T.~ LN.~/•DA/ifl
~ ~~C~ «~~
Print Name: /YIEtDD/J/r ,C'C-~-
BELLSOUTH:
l BELLSOUTH MOBILITY
81~: C~-r~ular u7uLle~,'~
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's Name:
Title:
sol~m,~,n~,-.
LANDLORD:
Y EBAS' N
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Pint~e: ~ ~~inr~mr is Nam •i~,~„nnR, u_ nru,.,P
3' Title: City Manager
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Print~Iam ~ Sa11y A. Maio
--.City Clerk
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