HomeMy WebLinkAboutAgreement_Franchise Agreement_03/27/20064
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Site No: FL3540B
Site Name: Jupiter Lighthouse
AMENDMENT NO. 1
This Amendment No. 1 ("Amendment") is made as of this o~~ day of ~~,
_, by and between The Village of Tequesta, a Florida municipal corporation (hereinafter
referred to as "Licensor" which term shall include its successors and assigns where the context so
admits) and Nextel South Corp, a Georgia corporation (hereinafter referred to as "Licensee" which
term shall include its successors and assigns where the context so admits).
WITNESSETH:
WHEREAS, Licensor and Licensee entered into a certain License Agreement dated 14th day
of April, 2005 (hereinafter referred to as the "Agreement"), for premises consisting of approximately
four hundred and sixty eight (468) square feet of ground .space and space on the Village's existing
tower and all access and utility easements, if any (hereinafter collectively referred to as the
"Premises") located in the City of Tequesta, County of Palm Beach, State of Florida, more
commonly known as 901 Old Dixie Highway, Water Treatment Plant (hereinafter referred to as the
"Property"); and
WHEREAS, Licensor and Licensee agree that the Agreement provides that Licensee shall
have the right to operate communications services at the Premises; and
WHEREAS, Licensee desires to amend Paragraph 5.4 of the Agreement.
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. That Paragraph 5.4 of the Agreement, entitled "Rent", is hereby deleted and
replaced to provide as follows:
Within thirty (30) days of full execution of this Amendment, Licensee shall
deposit with Licensor the sum- of fifty thousand and 00/100 dollars
($50,000.00) ("Security. Deposit"), as security for the faithful performance
by Licensee of the terms, covenants and conditions of this Agreement. Upon
receipt thereof, Licensor shall deposit the Security Deposit in an interest-
bearing account insured by the Federal Deposit Insurance Corporation. If
Licensee defaults under this Agreement, which default is not cured by
Licensee in accordance with Paragraph 10, below, Licensor may-use, apply or
retain all or part of this Security Deposit to compensate Licensor for any loss,
damage or expense incurred by Licensor by reason of Licensee's uncured
default. Prior to Licensor's invading the Security Deposit, Licensor shall give
Licensee written notice of Licensor's intention to invade the Security Deposit
and the date and amount of such intended invasion together with written
documentation of the loss, damage or expense for which Licensor seeks
compensation from the Security Deposit. Licensor shall provide such notice
Standard Amendment -Property Management -Revised 7/21!03
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Site No: FL3540B
Site Name: Jupiter Lighthouse
and documentation to Licensee within thirty (30) days. after the date of the
occurrence causing Licensor's claimed loss, damage or expense. Failure to
provide such notice and documentation within such time period shall result in
a waiver by Licensor of the right to invade the Security Deposit. Provided
Licensee is not in default under this Agreement, Licensor shall return to
Licensee the unused portion of the Security Deposit, together with all interest
accrued and paid thereon, within thirty (30) days of termination of the
Agreement.
2. 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.
Licensor 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.
IN WITNESS WHEREOF, the parties have executed this instrument as a sealed instrument
as of the day and year first written above.
LICENSOR:
The Village of Tequesta
LICENSEE:
Nextel South
~el.~~care ce~aratiQx~
Corp., a
By. ,..,
Name: Michael Couzzo
Title: Village Manager
Date: 3~ ~ ~ ~ ~~
BY~
Name: David Wong
Title: Area Manager-Site Development
Date: ~~ ~ ~~0~
Standard Amendment -Property Management -Revised 7/21 /03 2