GTE Mobilnet of Indiana Limited Partnership d/b/a Verizon Wireless/First Amendment/Lease Agreement for 473 Third Avenue SWFIRST AMENDMENT TO LEASE AGREEMENT
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T is Firs Amendment to Lease Agreement ("First Amendment") is entered into this _ J
day of , 2017, by and between the City of Carmel, Indiana, acting by and through its
Board of Public Works and Safety ("Landlord"), and GTE Mobilnet of Indiana Limited Partnership d/b/a
Verizon Wireless ("Tenant").
WHEREAS, on August 27, 1997, Landlord and Tenant entered into that certain Lease Agreement
("Agreement") whereby Landlord leased to Tenant tower and land space located at 473 Third Avenue
SW, Carmel, Indiana, as more particularly described in Exhibit A & B to the Agreement; and
WHEREAS, Tenant now desires to replace a portion of its antenna array and add related
equipment to the Landlord's Tower and Landlord is amenable to such replacement and addition.
NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of
which is hereby acknowledged, Landlord and Tenant agree as follows:
Capitalized Terms. Capitalized terms used but not specifically defined in this Amendment shall
have the meanings ascribed to them in the Lease, unless a different meaning is clearly required by
the context hereof.
2. Additional Improvements. Tenant will install certain additional equipment on the Premises as
described in Exhibit D-1 attached hereto and incorporated herein (the "Additional
Improvements"). Exhibit D to the Agreement is hereby deleted in its entirety and replaced with
Exhibit D-1, which documents the equipment Tenant is permitted to install on Landlord's tower.
Tenant hereby represents and warrants that (i) the Additional Improvements are all located within
the Premises; (ii) the installation of the Additional Improvements shall be done in a good and
workmanlike manner; (iii) as further described in Paragraph 5 of this First Amendment, Tenant
shall provide advance written notice to Landlord of the installation of the Additional
Improvements, including an installation schedule; (iv) Tenant shall obtain all necessary consents,
approvals and permits for the installation of the Additional Improvements, including a tower load
analysis; (v) Tenant shall immediately repair any damage to the Premises, the Land and any other
property of Landlord, damaged as a result of the installation of the Additional Improvements to
the condition which existed prior to such damage; (vi) Tenant shall remove all of Tenant's unused
equipment while installing the Additional Improvements, including any cabling from the
Premises; (vii) Tenant's Installation of the Additional Improvements shall be in accordance with
the terms of the Lease; and (viii) the Additional Improvements will be used to provide service to
Tenant's customers only. The Additional Improvements shall be part of the Installation for
purposes of the Lease and this Amendment.
Monon Trail. Landlord has constructed a linear park and recreational trail (the "Trail"), which is
adjacent to the Land, but is not part of the Land. Tenant understands and recognizes that the Trail
is open to the public and that Tenant has no right to use, or interfere with access to, the Trail as
part of the installation.
4. Maintenance of Additional Improvements. Tenant shall be responsible for the operation,
maintenance and repair of the Additional Improvements as provided in the Lease.
5. Notice by Tenant of Activities Within The Premises or the Land. Tenant shall provide fifteen
(15) days advance written notice to the Director of the Carmel Communication Center at 31 First
Avenue N.W., Carmel, Indiana 46032, (317) 571-2586, the Office of the Mayor, City Hall, One
Civic Square, Carmel, Indiana 46032, (317) 571-2401, and the Director of Utilities, 760 Third
Avenue SW, Carmel, Indiana 46032, (317) 571-2443, prior to entering on the Premises or the
Land to conduct any activities on the Premises or the Land in connection with Tenant's exercise
of its rights under this First Amendment or the Lease, including but not limited to, Tenant's
installation, use, operation and repair of the Installation and/or the Additional Improvements.
Such notice shall include a description of the type and location of the activities and an anticipated
timeframe for completion of such activities. Tenant shall coordinate and time such activities with
Landlord in order to minimize any interference with the use of the Premises and the Land. In the
event of bona fide unscheduled and unforeseen emergency repairs, Tenant shall provide as much
notice as possible to Landlord, by contacting telephonically and by facsimile transmission to the
Director of the Carmel Communications Center at 31 First Avenue N.W., Carmel, Indiana 46032,
(317) 571-2586, the Director of Utilities, 760 Third Avenue S.W., Carmel, Indiana 46032, (317)
571-2443 and the Chief of Police at Carmel Police Headquarters at 3 Civic Square, Carmel,
Indiana 46032, (317) 571-2500.
6. Indemnification and Insurance. In addition to indemnity provided in Section 9 and Section 27.3
of the Lease, Tenant shall indemnify, defend and hold harmless Landlord, its officers, officials,
employees, attorneys and agents, from and against any loss, damages, injuries or liability, arising
directly or indirectly, in whole or in part, from Tenant's exercise of its rights under this First
Amendment. In addition to the insurance required under Section 9 of the Lease, Tenant shall
procure and maintain in full force and effect during the term of the Lease, with an insurer
licensed, authorized or permitted to do business the State of Indiana, such as is necessary for the
protection of City and Tenant from claims for damages under workers' compensation and
occupational disease; for injuries including, but not limited to, bodily injury, sickness, disease or
death of or to any of Tenant's officers and employees; and, for any injury to or destruction of
property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts
shall be in the amounts set forth in Exhibit E attached hereto. Tenant shall cause its insurers to
include City as an additional insured as their interest may appear under the Agreement and all
amendments hereto on all auto and general liability insurance policies. In addition, Tenant shall
maintain adequate commercial general damage insurance covering Tenant's installation of the
Additional Improvements. At Landlord's request, Tenant shall provide a certificate of insurance
evidencing such insurance to Landlord.
7. Authority. The persons executing this First Amendment on behalf of Tenant and Landlord
hereby represent that they have the authority to bind Tenant or Landlord, as the case may be, to
the terms and conditions set forth herein and that all necessary action therefore has been taken.
Execution and Delivery; Enforceability. This First Amendment has been duly executed and
validly delivered by Tenant and Landlord and constitutes the legal, valid, and binding obligations
of the Tenant or Landlord, as the case may be. This First Amendment shall be enforceable
against Tenant and Landlord in accordance with its terms.
9. Limited Effect of Amendment. Except to the extent expressly amended by this First Amendment
(in which case the terms hereof shall prevail), the various terms and provisions of the Lease shall
remain in full force and effect.
10. All other terms, provisions and conditions set out in the Agreement, and not specifically amended
herein, shall be and remain the same as provided for in said Agreement.
2
IN WITNESS WHEREOF, Landlord and Tenant have executed this First Amendment to
Lease Agreement on the day and year first written above.
Landlord:
THE CITY OF CARMEL
By and through its Board of Public Works and Safety
By:
ames Brainard, Presiding Officer
Date:
B
ary nLBJurke, Member
Date:
By:
LdtiXatson, Member
Date:
ATTEST:
4S,"Pauley-A
By:
risleark-Treasurer
Date:
Tenant:
GTE Mobilnet of Indiana Limited Partnership
d/b/a Verizon Wireless
By: GTE Wireless of the Midwest Incorporated
Its General Partner
By: ()C '^ V,
Dave HeaWon
Printed: Acting Dirootor • Netwo* i;bid E"InsOng
Title:
Date:
3
EXHIBIT D-1
PERMITTED EQUIPMENT
[See Attached.]
Proposed Config Sheet 1
(GN Carmel City)
Revision #
8.0
Official Site Name
GN Carmel City
Deg IMin
Isec
ypj wireless
Market Name Indianapolis 28 Latitude (NAD 83) 39° 58' 28.10
System ID 80 Longitude (NAD83) 86° 7' 48.90
ECP ID 2 Latitude (decimal) 39.974472
Cell Number (prim) 152 Longitude (decimal) -86.130250 �::A
BSC/ DCS Number 4 AMSL 833'
Location/Building Info GN Carmel City Tower Owner City of Carmel
PeopleSoft ID 1 0 1 Tower Type Self-support Structure
Tower Height (feet) 299'
ASR 1029791
FAA Study 90-AGL-393-OE
RF & Microwave Antennas
Location
Service
Function
Antenna
Make
Antenna
Model
Gain
Height Azimuth
M -Tilt
Var E- Var E- Var E-
Tilt 700 Tilt 850 Tilt PCs
Var E -
Tilt
AWS
A
1
Tx/Rx
ANDREW
LNX-6515DS-AlM
14.9
185 80
0
3
B
C
3,6
Tx/Rx
KATHREIN
80010866
14.3
185 80
0
5 4
D
3,4,5
Tx/RX
KATHREIN
80010866
16.2
1 185 80
0
5 1
4
E
F
G
1
Tx/Rx
ANDREW
LNX-6515DS-AlM
14.9
185 1 210
0
3
H
1
3,6
Tx/Rx
KATHREIN
80010866
14.3
185 210
0
5 5
J
3,4,5
Tx/Rx
KATHREIN
80010866
16.1
185 210
0
5
5
K
L
M
1
Tx/Rx
ANDREW
LNX-8514DS-AIM
14.1
185 335
0
3
N
0
3,6
Tx/Rx
KATHREIN
800,10866
14.3
185 330
0
5 4
P
3,4,5
Tx/Rx
KATHREIN
80010866
16.2
185 335
0
5
4
Q
R
Tower Mounted Equipment
Coax Lines
i
Location
Service
Manuf.
Model
Count
Type
Height Service
Manuf.
Model Count
Length
A
1,2
Andrews
LDF-7 2
235
B
3
Ericsson
..:fRRUS fl13t iz
1
RRH
185
C
3
Ericsson
W.4-RRUSX2;B131�
1
RRH
185
D
6
Ericsson
`� `'RRUS,32 B2 srwd=e4
1
RRH
185
3,4,5,6
ommscop FT1206-24SV2-21 3
210'
E
4,5
Ericsson
x ".RRU,S,32tB4-e°
1
RRH
185
F
CommscopeRC3DC
4750 P.F.,:48 >
3
Junction Box
185
CommscopeRC3DC=:,
064 PFm,48
3
Small OVP
185
G
1,2
Andrews
LDF-7 2 .
235
H
3
Ericsson
1
RRH
185
1
3
Ericsson
RR05A2;B13
1
RRH
185
6
EricssonRROS;32=B20,'
1
RRH
185
J
K
4,5
Ericsson
� RRUS 32 B4:- `
1
RRH
185
L
Commscope
* RC3D.C' 1064=PF.=48".
3
Small OVP
185
M
1,2
Andrews
LDF-7 2
235
N
3
Ericsson
RRUS B13;
1
RRH
185
O
3
Ericsson
, , RRUSX2 B,13 +�
1
RRH
185
6
Ericsson
4 RRUS 32 B2-�� ->"
1
RRH
185
P
Q
4,5
Ericsson
RRUS 32JB4S
1
RRH
185
R
Commscope
RG3DC=1064=PF 48
3
Small OVP
185
CommscopeMT;.C3623
1
HD mount
1 185
Contruction Info
KVa = Fuel= SizelQnty: Manufacturer Model Length`; Width, Hei hf"
Gen. Lease Area
Batt. n/a n/a Bldg/Shelter
Cabinet n/a n/a Pad Gen. Location
Additional Notes: RF and Const comments go here Gen. Lease area
Gen Pad
VAC Phase , •Amps -
Power
Proposed Config Sheet 2
(GN Carmel City)
Revision #
1.0
Official Site Name
GN Carmel City
IDeg
Min
Sec
>�� liWrrBleSS
Market Name Indianapolis 28 Latitude (NAD 83) 39° 58' 28.10
System ID 80 Longitude (NAD83) 86° 7' 48.90
ECP ID 2 Latitude (decimal) 39.974472
Cell Number (prim) 152 Longitude (decimal) -86.130250
BSC/ DCS Number 4 AMSL 833'
Location/Building Info GN Carmel City Tower Owner City of Carmel
PeopleSoft ID 0 Tower Type Self-support Structure
To Height (feet) 299'
ASR 1029791
FAA Study 90-AGL-393-OE
In Shelter ,
Location Service
ManuL-
Model
Count Type
( RA
4^v'
Q B
;p C
Vr.
tVtF
V-139
r,
A
B
C
O..
E
F
H
,
K
L
M
N
O
P
j H,
Q
R
,•-
Services On Site
Band ; • Service -
Tech.
Max EIRP• - "
Tx,Start - Stop " x Start- Sto
'Equipment
.' Manuf. , ,
, - Call Sign' - " � -Power/Channel
�AW.S-F� 4
LTE
2000
2145-2155 1745-1755
eNodeB
Ericsson
WQGA717 .
40 .,
AWSTB] 5
LTE
2000
`2120-2130 1720-1730
eNodeB
Ericsson
WQGA955
.40
ICELTL B7 1
CDMA
500
.02-889.98/891.51-89:844.98/846.51
8440
Lucent
KNKA216
20 -
CC-GWA 2
CDMA
1000
1980-1985 1900-1905
Modcell4
Lucent
WQEE474
16 `
PC9C3 6
LTE
1000
1975-1980 1895-1900
eNodeB
Lucent
WQTY983
60 .
700-C� 3
LTE
2000
776-787 746-757
eNodeB
Ericsson
WQJQ691
40
Contruction Info
KVa = Fuel= SizelQnty: Manufacturer Model Length`; Width, Hei hf"
Gen. Lease Area
Batt. n/a n/a Bldg/Shelter
Cabinet n/a n/a Pad Gen. Location
Additional Notes: RF and Const comments go here Gen. Lease area
Gen Pad
VAC Phase , •Amps -
Power