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12/05/2017
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12/05/2017
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Last modified
5/1/2025 12:57:34 PM
Creation date
12/21/2017 11:37:43 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
12/05/2017
Meeting Body
Board of County Commissioners
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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 AMENDMENTto the Elevated Water Tank Space License Agreement ("Second <br />Amendment") Is made and entered into as of the day of , 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, 2DO4 which <br />was amended on December 17, 2013 (collectively the Agreement) , with respect to premises <br />located at 4690 281i 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 WaterTank 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 othergood <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 CU'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 />P178 <br />
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