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2019-171
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2019-171
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Last modified
12/30/2019 3:08:12 PM
Creation date
10/24/2019 3:08:38 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
10/22/2019
Control Number
2019-171
Agenda Item Number
8.K.
Entity Name
Sprint Spectrum Realty Company L.P
Subject
Approval of Third Amendment to the Elevated Water Tank Space License
Agreement identified as Gifford Water Tank
Area
4690 28th Court
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Licensee Site IDN: M160XC240 <br />Licensee Site Name: Gifford/Gifford Water <br />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 />22nd day of October , 2019, to that certain Elevated Water Tank Space License <br />Agreement, dated August 16, 2005, by and between Indian River County, a political subdivision <br />of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the <br />"Licensor") and Sprint_ Spectrum Realty Company L.P., a Delaware limited partnership as <br />successor -in -interest to Nextel South Corp., a Georgia corporation whose address is 6391 Sprint <br />Parkway, Overland Park, Kansas 66251-2650 (the "Licensee"). <br />WHEREAS, on August 16, 2005, Licensor and Licensee's predecessor in interest entered <br />into an Elevated Water Tank Space License., Agreement in which Licensor authorized certain use <br />of the Land and Elevated Tank, as set forth more fully therein, which Agreement was amended by <br />that certain First Amendment to Elevated Water Tank Space License Agreement, dated July 18, <br />2006 (the "First Amendment"), and by that certain Second Amendment to Elevated Water Tank <br />Space License Agreement dated November 12, 2013 (the "Second Amendment") collectively, the <br />"Agreement" and. <br />WHEREAS, Licensor is the owner of a parcel of land (the "Land") and a steel elevated <br />water storage tank (the "Elevated Tank") indentified as Gifford Water Tank, located at 4690 28t` <br />Court (north of 49t` Street) in Indian River County, Florida, <br />WHEREAS, Licensee desires to install additional Licensee Facilities ("Additional <br />Equipment") on the Elevated Tank, which equipment is described more fully on Exhibit D-1 <br />attached hereto ("Construction Drawings"); 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: r <br />1. Recitals. The above recitals are true and correct, and are incorporated herein. <br />2. Additional E ui ment. Licensee shall have the right to install the Additional <br />Equipment on the Elevated Tank, subject to the remaining terms of the Agreement and this Third <br />Amendment. Installation of the Additional Equipment shall be strictly in accordance with the <br />plans previously submitted by Licensee and approved by Licensor's outside contractor ("Plans"). <br />No later than ninety (90) days after installation ofthe Additional Equipment, Licensee shall obtain, <br />at Licensee's expense, an inspection conducted by Licensor's outside contractor of the Additional <br />Equipment and the installation to confirm compliance with the Plans. Any material non- <br />compliance with the Plans shall immediately be corrected. <br />
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