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Last modified
11/16/2016 11:02:55 AM
Creation date
11/16/2016 11:02:53 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Third Amendment
Approved Date
11/15/2016
Control Number
2016-189
Agenda Item Number
8.D.
Entity Name
New Cingular Wireless PCS LLC
Subject
Third Amendment to Elevated Water Tank Space Agreement
Kings Highway Water Tank
Area
1805 58th Ave.
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THIRD AMENDMENT TO <br /> ELEVATED WATER TANK SPACE LICENSE AGREEMENT <br /> THIS THIRD AMENDMENT ("Third Amendment") is made and entered into as of the <br /> 15th day of_november ,2016,to that certain Elevated Water Tank Space License Agreement, <br /> dated March 23,2004("License Agreement")as amended by the First Amendment to the Elevated <br /> Tank Space Agreement, dated September 10, 2013 ("First Amendment"), and the Second <br /> Amendment to the Elevated Water Tank Space License Agreement dated October 20, 2015 <br /> ("Second Amendment"), by and between Indian River County, a political subdivision of the State <br /> of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and <br /> New Cingular Wireless PCS,LLC,a Delaware limited liability company,having a mailing address <br /> of 575 Morosgo Drive, 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 and Second Amendment(collectively the "Agreement"); and <br /> WHEREAS, Licensee desires to install and operate Additional Radio Communication <br /> Equipment on the Land and Elevated Tank,which equipment is described more fully on Exhibit F <br /> attached hereto ("Additional Radio Communication Equipment"); and <br /> WHEREAS, Licensor is willing to allow installation of the Additional Equipment, and <br /> related use of the Land and Elevated Tank, in accordance with the terms of this Third Amendment, <br /> NOW,THEREFORE, in consideration of the mutual undertakings herein,and other good <br /> and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the <br /> parties hereby agree as follows: <br /> 1. Recitals. The above recitals are true and correct, and are incorporated herein. <br /> 2. Additional Radio Communication Equipment. Licensee shall have the right to <br /> install and operate Additional Radio Communication Equipment as more fully <br /> described in Exhibit F, subject to the remaining terms of the Agreement and this <br /> Third Amendment. Installation of the Additional Radio Communication Equipment <br /> shall be strictly in accordance with the construction drawings previously submitted by <br /> Licensee and approved by Licensor's outside contractor("CD's") attached herein in <br /> Exhibit F. Said CD's shall also reflect any existing equipment that will remain on the <br /> Land and Elevated Tank. Licensee shall be responsible for all permits and assurances <br /> that installation of the Additional Radio Communication Equipment meets all <br /> applicable building codes and zoning requirements. Licensor authorizes Licensee to <br /> prepare, execute, and file all required applications to obtain any government <br /> approvals for Licensee's use of the Land and Elevated Tank under this Agreement. <br /> No later than ninety (90) days after installation of the Additional Radio <br /> Communication Equipment, Licensee shall obtain(at Licensee's expense) an <br /> 1 <br /> I <br />
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