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2015-209
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Last modified
3/31/2017 8:54:02 AM
Creation date
10/26/2015 10:24:34 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Second Amendment
Approved Date
10/20/2015
Control Number
2015-209
Agenda Item Number
8.K.
Entity Name
New Cingular Wireless PCS, LLC
Subject
Elevated Water Tank Space License Agreement
Second Amendment
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SECOND AMENDMENT TO <br />ELEVATED WATER TANK SPACE LICENSE AGREEMENT <br />THIS SECOND AMENDMENT ("Second Amendment") is made and entered into as of <br />the 20 day of October , 2015, to that certain Elevated Water Tank Space License <br />Agreement, dated March 23, 2004 ("License Agreement) as amended by the First Amendment to <br />the Elevated Tank Space Agreement, dated September 10, 2013 (First Amendment), by and <br />between Indian River County, a political subdivision of the State of Florida, whose address is <br />1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and New Cingular Wireless PCS, <br />LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, <br />Atlanta, Georgia 30324 (the "Licensee"). <br />WHEREAS, on March 23, 2004, Licensor and Licensee's predecessor in interest entered <br />into the License Agreement in which Licensor authorized certain use of the Land and Elevated <br />Tank, as set forth more fully therein which License Agreement was amended by the First <br />Amendment (collectively the Agreement); and <br />WHEREAS, Licensee desires to install additional equipment on the Land and Elevated <br />Tank, which equipment is described more fully on Exhibit E attached hereto ("Propane <br />Generator"); and <br />WHEREAS, Licensor is willing to allow installation of the Propane Generator, and <br />related use of the Land and Elevated Tank, in accordance with the terms of this Second <br />Amendment, <br />NOW, THEREFORE, in consideration of the mutual undertakings herein, and other <br />good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, <br />the parties hereby agree as follows: <br />1. Recitals. The above recitals are true and correct, and are incorporated herein. <br />2. Propane Generator. Licensee shall have the right to install the Propane <br />Generator on the Land and Elevated Tank as described more fully in Exhibit E, <br />subject to the remaining terms of the Agreement and this Second Amendment. <br />Installation of the Propane Generator shall be strictly in accordance with the plans <br />previously submitted by Licensee and approved by Licensor's outside contractor <br />("Plans"). Licensee shall be responsible for all permits and assurances that <br />installation of Propane Generator meets all applicable building codes and zoning <br />requirements. Licensor authorizes Licensee to prepare, execute and file all <br />required applications to obtain any government approvals for Licensee's use of <br />the Land and Elevated Tank under this Agreement. Licensee shall use the Propane <br />Generator in the manner consistent with applicable law. No later than ninety (90) <br />days after installation of the Propane Generator, Licensee shall obtain (at <br />Licensee's expense) an inspection conducted by Licensor's outside contractor of <br />the Propane Generator and the installation to confirm compliance with the Plans. <br />Any material non-compliance with the Plans shall be corrected immediately. A <br />1 <br />
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