10/20/2015 (3) - Laserfiche WebLink

Home Browse Search

SECOND AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS SECOND AMENDMENT ("Second Amendment") is made and entered into as of the day of , 2015, to that certain Elevated Water Tank Space License Agreement, dated March 23, 2004 ("License Agreement) as amended by the First Amendment to the Elevated Tank Space Agreement, dated September 10, 2013 (First Amendment), by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, Georgia 30324 (the "Licensee"). WHEREAS, on March 23, 2004, Licensor and Licensee's predecessor in interest entered into the License Agreement in which Licensor authorized certain use of the Land and Elevated Tank, as set forth more _fully therein which License Agreement was amended by the First Amendment (collectively the Agreement); and WHEREAS, Licensee desires to install additional equipment on the Land and Elevated Tank, which equipment is described more fully on Exhibit E attached hereto ("Propane Generator"); and WHEREAS, Licensor is willing to allow installation of the Propane Generator, and related use of the Land and Elevated Tank, in accordance with the terms of this Second Amendment, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Propane Generator. Licensee shall have the right to install the Propane Generator on the Land and Elevated Tank as described more fully in Exhibit E, subject to the remaining terms of the Agreement and this Second Amendment. Installation of the Propane Generator shall be strictly in accordance with the plans previously submitted by Licensee and approved by Licensor's outside contractor ("Plans"). Licensee shall be responsible for all permits and assurances that installation of Propane Generator meets all applicable building codes and zoning requirements. Licensor authorizes Licensee to prepare, execute and file all required applications to obtain any government approvals for Licensee's use of the Land and Elevated Tank under this Agreement. Licensee shall use the Propane Generator in the manner consistent with applicable law. No later than ninety (90) days after installation of the Propane Generator, Licensee shall obtain (at Licensee's expense) an inspection conducted by Licensor's outside contractor of the Propane Generator and the installation to confirm compliance with the Plans. Any material non-compliance with the Plans shall be corrected immediately. A copy of the final inspection report shall be submitted to the Licensor within twenty (20) days of the report date. 1 159