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Licensee Site ID#:MI60XC240
<br /> Licensee Site Name: Gifford/Gifford Water Tank
<br /> SECOND AMENDMENT TO ELEVATED WATER TANK
<br /> SPACE LICENSE AGREEMENT
<br /> THIS SECOND AMENDMENT ("Second Amendment") is made and entered into as of the_
<br /> day of , 2013, to that certain Elevated Water Tank Space License Agreement, dated
<br /> August 16, 2005, by and between Indian River County, a political subdivision of the State of Florida,
<br /> whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and Sprint Spectrum
<br /> Realty Company, L.P., a Delaware limited partnership, as successor-in-interest to Sprint Spectrum, L.P., a
<br /> Delaware limited partnership, as successor-in-interest to Nextel South Corp., a Georgia corporation
<br /> whose address is 6391 Sprint Parkway, Overland Park, Kansas 66251-2650(the "Licensee").
<br /> WHEREAS, on August 16, 2005, Licensor and Licensee's predecessor in interest entered into a
<br /> certain Elevated Water Tank Space License Agreement (the "Original Agreement") in which Licensor
<br /> authorized certain use of the Land and Elevated Tank, as set forth more fully therein, which Original
<br /> Agreement was amended by that certain First Amendment to Elevated Water Tank Space License
<br /> Agreement dated July 18, 2006 (the "First Amendment), (collectively,the "Agreement"); and
<br /> WHEREAS, on December 24, 2012,Nextel South Corp., a Georgia corporation assigned its
<br /> interest to the Agreement to Sprint Spectrum, L.P., a Delaware limited partnership; and
<br /> WHEREAS, the preamble to the Original Agreement correctly identified Licensee as "Nextel
<br /> South Corp.",but the signature erroneously identified Licensee as"Nextel Communications, Inc."; and
<br /> NOW
<br /> WHEREAS, "Nextel Communications, Inc."was never a party to the Agreement; and
<br /> WHEREAS, Licensor and Licensee desire to correct Licensee's legal name as set forth in the
<br /> preamble to the Original Agreement.
<br /> WHEREAS, Licensor is the owner of a parcel of land (the "Land") and a steel elevated water
<br /> storage tank(the "Elevated Tank") identified as Gifford Water Tank, located at 4690 28th Court(north of
<br /> 49th Street) in Indian River County, Florida.
<br /> WHEREAS, Licensee desires to install additional Licensee Facilities ("Additional Equipment")
<br /> on the Elevated Tank, which equipment is described more fully on Exhibit C-1 attached hereto
<br /> ("Construction Drawings"); and
<br /> WHEREAS, Licensor is willing to allow installation of the Additional Equipment, and related
<br /> use of the Land and Elevated Tank, in accordance with the terms of this Second Amendment,
<br /> NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and
<br /> valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
<br /> agree as follows:
<br /> 1. Recitals. The above recitals are true and correct, and are incorporated herein.
<br /> 2. Additional Equipment. Licensee shall have the right to install the Additional Equipment
<br /> on the Elevated Tank, subject to the remaining terms of the Agreement and this Second Amendment.
<br /> ''"" Installation of the Additional Equipment shall be strictly in accordance with the plans previously
<br /> submitted by Licensee and approved by Licensor's outside contractor("Plans"). No later than ninety (90)
<br /> days after installation of the Additional Equipment, Licensee shall obtain (at Licensee's expense) an
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