1st Amendment 12/21/2005
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 23, 2005
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Hand _
Deputy Clerk CY
FROM:
At the December 21, 2005, 2005, Board of County Commissioner's meeting the Board
granted approval and authorized execution of the First Amendment to License Agreement
between Monroe County and Nextel South Corp. granting additional space at the Key West
Courthouse for installation of a generator and supporting equipment.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finan7e
File.!'
Market: South Florida
Area:Florida
Nextel Site: FL1869-A Downtown Key West
FIRST AMENDMENT
TO LICENSE AGREEMENT
This First Amendment to License Agreement ("Amendment") is made as of this Jv+h day of
\)ec.er1\b.e.r- 2005, by and between Monroe County, Florida, a political subdivision of the State of
Florida, with offices located at 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as
"County") and Nextel South Corp., a Georgia corporation with offices located at 851 Trafalgar Court,
Suite 300E, Maitland, Florida 32751 (hereinafter referred to as "Licensee")
WITNESSETH:
WHEREAS, County and Licensee entered into a certain License Agreement dated December 9,
1998, (hereinafter referred to as the "Agreement"), for premises consisting of approximately one hundred
(100) square feet located on top of the County Courthouse at 500 Whitehead Street, Key West, Florida
(the "Building"), space on the tower, and all access and utility easements, if any (hereinafter collectively
referred to as the "Premises"); and
WHEREAS, County and Licensee agree that the Agreement provides that Licensee 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 annual license fee, and update Licensee's notice 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 interior space in the outbuilding next
to the County Courthouse of approximately 96 square feet for the installation of a generator and
supporting equipment. The parties also agree that the costs for any renovations to the County buildings
required to accommodate the installation of Licensee's generator shall be borne by Licensee.
2. Paragraph 2 of the Agreement is amended to reflect an increase of Six Thousand and
00/1 00 Dollars ($6,000.00) to the annual license fee currently in effect as of the start of construction of the
modifications under this Amendment.
3.
follows:
Paragraph 22 of the Agreement IS amended to update Licensee's notice addresses as
Nextel South Corp.
851 Trafalgar Court, Suite 300E
Maitland, Florida 32751
A TTN: Property Manager
6/05
;-...' "
Market: South Florida
Area:Florida
Nextel Site: FL1869-A Downtown Key West
with a copy to:
Sprint
2001 Edmund Halley Drive
Reston, Virginia 20191-3436
A TTN: Regional Legal Services, Contracts Manager
4. Paragraph 28 of the Agreement is amended to reflect the addition of the following
prOVISIOn:
If the County should renovate the building that contains the Licensee's generator and supporting
equipment at a future date, and in addition, the County decides to upgrade the County's main generator to
a size that will accommodate both the County and Licensee'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 proposed 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, Licensee has the right to do all work necessary
to prepare, maintain and alter the Premises in accordance with this Amendment and as may be necessary
for Licensee's business operations at the Premises. All alterations, changes and equipment modifications
made pursuant to this Amendment shall be made in compliance with the terms, covenants and conditions
of the Agreement, as hereby amended, and shall remain Licensee's personal property and are not fixtures.
County and Licensee further affirm that title to the Licensee's Facilities (including any modifications
made in accordance with this Amendment) shall be held by Licensee.
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.
(c) Licensee shall have the right to record an amended Memorandum of Agreement in the
official Records of the County where the Property is located. County agrees to execute an amended
Memorandum of Agreement for recording upon request by Licensee.
(d) This Amendment may be executed in multiple counterparts, each copy of which shall be
deemed an original document.
2
6/05
Market: South Florida
Area:Florida
Nextel Site: FL1869-A Downtown Key West
IN WITNESS WHEREOF, the parties have executed this instrument as a sealed instrument as of
the day and year first written above.
COUNTY:
Monroe County, Florida
a political subdivision of the State of Florida
~
By:
Name: The Honorable C.~~lcs M cc.oy
Title: Mayor, Monroe County, Florida
Date: 1'2- J 20 d 't.~ .. \'"
Witnesses for
P . tN" c..C.c.;~C.,
nn ame: ,/-";'G;f;~ "
';;/:~;~~"~2:>;
Print Na,tne:~.:)';1-r ;\\
MONROE COUNTY, ATTOR~Y /
~Z:T~~~
NATfLEENE W. CASSEL
ASSISTANT ~UNTY ATTORNEY
Date /1 /4./ br-
, ,
LICENSEE:
Nextel South Corp., a Georgia corporation
By: L~ C '^<s
Name: Greg Crosby
Title: Director, Site Development
Date: \$-\ OJ
Witnesses for Greg Crosby:
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6/05
Market: South Florida
Site No: FLl869A
Site Name: Downtown Key West
EXHIBIT A
THE PREMISES
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Markel: SOUTH FLORIDA
Site No.: PL1869.A
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Licensor Site Name/No: Key West/SOO Whitehead Street
Licensee Site Name/No: Downtown Key West/FLl869A
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