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09/22/2015 (2)
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09/22/2015 (2)
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Last modified
11/24/2015 11:08:36 AM
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11/24/2015 11:08:01 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
09/22/2015
Meeting Body
Board of County Commissioners
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i <br /> 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 day of , 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 i <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 new premises area under this Agreement. Where applicable law governs how <br /> the generator will be used, Licensee may use the generator in the manner set forth <br /> in applicable law.No later than ninety (90) days after installation of the Propane <br /> Generator, Licensee shall obtain (at Licensee's expense) an inspection conducted <br /> by Licensor's outside contractor of the Propane Generator and the installation to <br /> confirm compliance with the Plans. Any material non-compliance with the Plans <br /> 1 <br /> 70 <br />
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