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Agenda Item 4B•CLI.. i 0 'd hi !'µ o I Ul p I Ap .'Y -'1 + 1� +� iti ' J�� .�. r F . "i�<�I::`: � 1 0, - I: - �7.f"� 9 ". �y �� J ' , �[` y ' �'6 �11G:1G +i 7 . �� -k ;; + R�I'L- 7 ��!I.;i s: f''� - !. ::C.: �. Y1- •Li n{1 j�sirii ��'� I i T4 q I ;�K� n-*102WA �� l S J" ,/ '.'•3 � - �. S' �r. i, . ,. +�, by ■ . W4�ptj' I Jay li 4 ,I— I AGENDA ITEM # 4B MAY 29, 2012 Site Name: Mayport Road Site ID: 100402 SECOND AMENDMENT TO PCS SITE LEASE This Second Amendment to PCS Site Lease (the "Amendment ") is made this day of , 2012, between City of Atlantic Beach (the "OWNER "), and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b /a Verizon Wireless ( "LESSEE "). WHEREAS, OWNER and LESSEE's predecessor -in- interest, PCS PrimeCo, L.P., a Delaware limited partnership entered into a PCS Site Lease, dated November 9, 1995, as amended by that certain First Amendment to PCS Site Lease, dated February 24, 2011 (collectively "Lease ") for the lease of a portion of certain real property and a communications facility (the "Site "), located at 469 11 Street, Atlantic Beach, Duval County, Florida; WHEREAS, OWNER and LESSEE desire to modify the Lease as set forth below. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto stipulate and agree as follows: 1. All capitalized terms in this Amendment, not otherwise defined herein, shall have the meaning ascribed to them in the Lease. 2. In accordance with Attachment C of the Lease, LESSEE has sought and OWNER has given written approval for the modification of LESSEE's equipment and frequencies at the Site. 3. Rent. In consideration of the OWNER's approval of LESSEE's modifications to its equipment and frequencies, the current annual rent shall be increased by Three Thousand Six Hundred and NO /100 Dollars ($3,600.00), partial years to be prorated, which increase shall commence based upon the date LESSEE commences construction on the premises. In the event the date LESSEE commences construction on the leased premises falls between the I" and 15' of the month, the rent increase shall commence on the 1` of that month and if the date construction commences falls between the 10' and 31 of the month, then the rent increase shall commence on the 1 day of the following month (either the "Commencement Date "). OWNER and LESSEE agree that they shall acknowledge in writing the Commencement Date. Within thirty (30) days after a written acknowledgement confirming the Commencement Date has been received by LESSEE, LESSEE will pay OWNER the rent increase for the remainder of the current lease year. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to the OWNER the rent increase payment by February 13. All other terms of the Lease remain in full force and effect. <Signature Page to Follow> AGENDA ITEM # 413 MAY 29, 2012 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed pursuant to due authority as of the day and year first written above. OWNER: City of Atlantic Beach By: ATTEST: City Clerk WITNESSES: LESSEE: Mayor Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b /a Verizon Wireless By: Name: Print Name: Title: Date: Print Name: Hans F. Leutenegger Area Vice President Network 2