SECOND AMENDMENT TO SERVICE AND ACCESS AGREEMENTSECOND AMENDMENT TO SERVICE AND ACCESS AGREEMENT
THIS SECOND AMENDMENT (this "Amendment ") to SERVICE AND ACCESS
AGREEMENT dated July 1, 2002, as amended by the First Amendment dated November 8,
2005 (collectively, the "Agreement ") is entered into as of the r-/ 'day of y t 2015 ( "Effective
Date ") by and between HARRIS CORPORATION, a Delaware corporation, successor -in-
interest to M/A -COM, Inc. under the Agreement (as defined below) ( "Harris "), and The City of
Clearwater, Florida (the "City ").
RECITALS
WHEREAS, the parties entered into the Agreement for the installation of a
Communications System and related services thereto, as further described in the Agreement.
WHEREAS, Harris' predecessor -in- interest and Sprintcom, Inc. ( "Sprint ") , are parties to
that certain Communications Site Sublicense Agreement (Tower) dated July 17, 2007 (the
"Original Sublicense Agreement" pursuant to which Sublicensor sublicensed to Sublicensee
space on a telecommunications tower and approximately three hundred seventy -five (375) square
feet of space located in the City of Clearwater, Florida, commonly known as 1417 S. Missouri
Avenue, as more particularly described therein for use in connection with providing
communications services;
WHEREAS, Harris desires to provide Sprint with a limited and conditional right under
the Sublicense Agreement to engage directly with the City for rental of tower space on
conditions set forth in the Sublicense Agreement;
WHEREAS, the City and Sprint cannot engage directly for rental of tower space under
the conditions to be detailed in the Sublicense Agreement, unless the SERVICE AND ACCESS
AGREEMENT is amended as follows; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows as of the Effective Date, unless
otherwise indicated:
1. Amendment.
Section 8.2. Shall be amended to add the following underlined language to the
first sentence of this section: "M/A -COM, or its successors in interest, shall have the sole
right to negotiate all future leases for all Third -Party Tower Tenants, which must be
approved in writing by the CITY OF CLEARWATER, such approval not be
unreasonably withheld; however, the City shall have the right to directly negotiate a
license or lease with Third -Party Tower Tenants only after M/A -COM has terminated its
sublicense agreement or portions of the sublicense agreement effecting M/A -COM's
rights under the Agreement, provided the City is not in default under its obligations to
M/A -COM under the Agreement.
2. Miscellaneous.
a. The terms and conditions of the Agreement, except as amended herein, shall
remain in full force and effect.
b. This Amendment may be executed in any number of counterparts, each of which
when so executed and delivered shall be deemed an original, but all of which together shall
constitute one and the same instrument. Executed signature pages delivered by electronic mail
or facsimile shall be deemed effective as original signature pages.
c. Each of the parties represents and warrants that it has the right, power, legal
capacity and authority to enter into and perform its respective obligations under this Amendment.
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[Signature page follows]
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IN WITNESS WHEREOF, the parties have executed this First Amendment to
Communications Site Sublicense Agreement (Tower) as of the day and year first above written.
HARRIS:
HARRIS CORPORATION, a Delaware
corporation
By:
Name:
Title:
Witnesses:
?ff7Rlc /R K. 1/41161/44
Print Name:
Print Name��.
COUNTERSIGNED AS TO
THE CITY OF CLEARWATER, FLORIDA:
_ ctdOCtt'\C (.V10(
George N. Cretekos
Mayor
Camilo A. Soto
Assistant City Attorney
61872488 v3- WorkSiteUS- 028055/0078
[GM06- 2088 - 002/164886/1 ]
By:
William B. Horne II
City Manager
Attest:
Rosemarie Call
City Clerk
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