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2017-202
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2017-202
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Last modified
12/6/2017 11:11:09 AM
Creation date
12/6/2017 11:11:08 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
12/05/2017
Control Number
2017-202
Agenda Item Number
8.K.
Entity Name
T-Mobile South
Subject
The elevated water tank space
Area
Gifford Water Tower
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SECOND AMENDMENT TO THE ELEVATED WATER TANK SPACE LICENSE AGREEMENT <br /> LICENSEE SITE: I.D.:GIFFORD WATER TOWER SITE#A2P0003A <br /> THIS SECOND AMENDMENT to the Elevated Water Tank Space License Agreement("Second <br /> Amendment") is made and entered into as of the fithclay of December ,2017, by and between Indian <br /> River County, a Political subdivision of the State of Florida ("Licensor")and T-Mobile South LLC,a <br /> Delaware limited liability company,as successor in interest to Omnipoint Holdings, Inc. ("Licensee"). <br /> Recitals <br /> The parties hereto recite, declare, and agree as follows: <br /> A. Licensor and Licensee (or as applicable,their respective predecessors in interest)entered <br /> into the Elevated Water and Tank Space License Agreement dated March 23, 2004 which <br /> was amended on December 17,2013 (collectively the Agreement),with respect to premises <br /> located at 4690 28th Court(north of 49th Street) in Indian River County(the"Property"). <br /> B. Licensor and Licensee desire to enter into this Second Amendment in order to add antennas <br /> and affiliated mounting equipment("Additional Equipment")at the Elevated Water Tank on <br /> the Property(the "Elevated Tank")and amend certain provisions of the Agreement. <br /> NOW THEREFORE, in consideration of the mutual covenants herein contained and other good <br /> and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, Licensor and <br /> Licensee covenant and agree as follows: <br /> 1. Licensee will have the right to modify the Licensee Facilities as described and depicted in <br /> Exhibit A-1,which is attached hereto and by this reference incorporated herein. <br /> 2. Installation of the Additional Equipment shall be strictly in accordance with the construction <br /> drawings previously submitted by Licensee and approved by licensor's outside contractor <br /> (CD's),attached hereto as Attachment A-1. Said CD's shall also reflect any existing <br /> equipment that will remain on the Property or the Elevated Tank. <br /> 3. In connection with the installation of the Additional Equipment, Licensee shall label all of its <br /> equipment, including coaxial cables, located or to be located on the Property,so that <br /> Licensor and its contractors are able to distinguish Licensee's equipment from equipment <br /> owned by other Licensees. This requirement shall apply to all equipment/cables, not just <br /> the Additional Equipment. Verification of this requirement shall be included in the <br /> inspection report as required in Section 5,of this Second Amendment. <br /> 4. No later than ninety(90)days after installation of Additional Equipment, Licensee shall hire <br /> Licensor's outside contractor at Licensee's expense,and have Licensor's outside contractor <br /> perform any touch up to paint and finishes that were affected by installation of Additional <br /> Equipment or relocation of existing equipment. Verification of this work shall be included in <br /> the inspection report as required in Section 5,of this Second Amendment. <br /> 1 <br />
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