2006-183 - Laserfiche WebLink

Home Browse Search

GnIGINAL c2� 6406 — l �; 3 SECOND AMENDMENT TO LICENSE This Second Amendment to License ("Amendment") is made and entered into as of the 6 day of ) a tj e , 2006, by and between Pinnacle Towers LLC, successor in interest to Pinnacle Towers, Inc. by way of Delaware conversion , assignee to Sandas Communications Limited Partnership 11 ("Licensee") and Indian River County Board of Commissioners (the "Licensor") . RECITALS WHEREAS, Licensee leases from Licensor a portion of certain real property (the "Licensed Premises" or the "Site") located at 901 13` Place, Vero Beach, FL (the "Property") pursuant to that certain License Agreement dated March 17, 1992 and as amended pursuant to that certain amendment dated June 22 , 1993 (the "Agreement"); and WHEREAS , Licensee and Licensor desire to amend the Agreement on the terms and conditions contained herein. OPERATIVE PROVISIONS NOW, THEREFORE, for and in consideration of the one time sum of $ 10 . 00 , the mutual covenants contained herein, as well as other good and valuable consideration outlined herein, the receipt and sufficiency of which is hereby acknowledged , the Licensor and Licensee hereby agree as follows : 1 . The Background recitals hereinabove are true and correct and are incorporated herein by this reference . 2 . The Licensor and Licensee hereby acknowledge, ratify, and confirm, each party ' s interest in and to the Agreement, that the Agreement is in full force and effect, that there are no existing defaults pursuant to the terms of the Agreement, and that each has full right and authority to execute this instrument. To the extent this Amendment conflicts with the terms of the Agreement, the terms of this Amendment shall prevail . 3 . The terms and provisions of the Agreement are hereby restated and incorporated herein by this reference, amended only as more particularly described hereinafter. 4 . Licensed Premises . The parties agree and acknowledge that Licensor owns , in fee simple, the property as further described on the attached Exhibit A . Licensor and Licensee hereby agree and acknowledge that the portion of the Property leased pursuant to the Agreement is described on the attached Exhibit A- 1 . Licensor and Licensee also hereby acknowledge that such description shall be replaced with an as-built survey that will reflect a true and accurate legal description of the Licensed Property and hereby replaces any previous description contained in the Agreement. The as- built survey shall be reviewed and approved by Licensor as a condition subsequent to this Amendment and Pinnacle Second Amendment I