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HomeMy WebLinkAboutNextel South Corp, Crown Castle NG Consent of Landlord CONSENT OF LANDLORD This Consent of Landlord ("Consent") is made and effective this _L/A day of September, 2012 by and among the City of Miami Beach, a Florida municipal corporation ("Landlord"), Nextel South Corp., a Georgia corporation ("Tenant") and Crown Castle NG East, Inc., a Delaware corporation("Crown"). A. Landlord and Tenant are parties to a Communications Site Lease Agreement dated January 11,2006 ("Lease"). B. Tenant desires to enter into a Co-Location Agreement with Crown pursuant to which Tenant will grant Crown the right to use an approximately 420 square foot section of the equipment shelter("Co-Location Area") as shown in Exhibit A this Consent,which is located on the Premises(as defined in the Lease). C. Tenant requires Landlord's consent to allow Crown's use of the Co-Location Area and Landlord is willing to grant such consent as required by the Lease. The parties hereby agree: 1. Consent. Landlord hereby grants its consent pursuant to Section 15 of the Lease to the use of the Premises by Crown and/or Crown's customers or licensees to (a) install and operate telecommunications equipment, (b) use electrical connections provided to the Premises, and (c) access the Premises on a 24-hour, 7-day per week basis, all as more fully set forth in the Co-Location Agreement entered into by and between Tenant and Crown. Nothing in this Consent shall be deemed to (i) amend in any way the terms of the Lease, or (ii) serve as a consent for any purpose other than as expressly set forth in this Consent. 2. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, regardless of the laws that otherwise govern under the principles of conflicts of laws. 3. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective designees, affiliates,successors and assigns. 4. Counterparts. This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party, whether in original or facsimile form, it being understood that all parties need not sign the same counterpart. [No further text; signature page follows] Consent 1 1 3044 001 HON00296 i The parties have executed this Agreement effective as of the date first shown above. NEXTEL SOUTH CORP. CROWN CASTLE NG EAST, INC. By , y rohn B. , Printed Name Printed Name J Title Title Date a 1,2,(1)2— Date 12 - THE CITY OF MIAMI BEACH By t�ivl'� 6 -3 o'c"'t a, Printed Name ATTEST Title w INCORP ORATED Date I ( Z" '9 ..._..' :o '4C�-! 26 - APPROVED AS TO FORM & LANGUAGE OR UTION 0 t i Att ne (I Date Consent 1 2 3044 001 07=296 • 1 The parties have executed this Agreement effective as of the date first shown above. NEXTEL SOUTH CORP. CROWN CASTLE NG EAST, INC. By y 0 z,P/-ye-/ �� N� •� Printed Name Printed Name Title Title Date Date ) //'2— THE CITY OF MIAMI BEACH By , Printed Name f I C-e kAvxb(c Title Date l Z APPROVED AS TO FORM & LANGUAGE OR UTION � 1. l() 100 y Att ne l� Date Consent ( 2 3044 001 HOW00296 f EXHIBIT A I eoedg asea'l umojo ,. " vnao i Ok, IWI 'W", Hub Co-Location Agreement 3 3044 001 UM002e4.090712c