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Last modified
3/1/2021 2:46:38 PM
Creation date
4/14/2020 12:11:47 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
04/07/2020
Control Number
2020-066
Agenda Item Number
8.V.
Entity Name
Cellco Partnership d/b/a Verizon Wireless
Subject
Third Amendment to Tower and Ground Space Lease Agreement for Gifford Water Tower
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THIRD AMENDMENT TO TOWER AND GROUND SPACE LEASE FOR GIFFORD WATER TOWER <br />THIS THIRD AMENDMENT ("Third Amendment") is made and entered into as of the 7 day <br />of April 2020, to that certain Tower and Ground Space Lease, dated August 5, 1997, as <br />amended, (the "Agreement" ), by and between Indian River County, a political subdivision of the State of <br />Florida, whose address is 180127 th Street, Vero Beach, Florida 32960 (the "Lessor") and Cellco <br />Partnership, D/b/a Verizon Wireless (successor in interest to Verizon Wireless Personal <br />Communications, LP (as assignee), D/b/a Verizon Wireless, whose address is One Verizon Way, Mailstop <br />4AW160, Basking Ridge, New Jersey, 07920 (the "Lessee"). <br />WHEREAS, on August 5, 1997 Lessor and Lessee's predecessor in interest entered into the <br />Agreement in which Lessor authorized certain use of the Land and Elevated Tank, as set forth more fully <br />therein, which Agreement was amended by that First Amendment to the Tower and Ground Space <br />Lease, dated June 9, 2009; and which was amended by that Second Amendment to the Tower and <br />Ground Space Lease, dated June 23, 2015; <br />WHEREAS, Lessee desires to install additional equipment which equipment is described more <br />fully in Revised Exhibit A attached hereto ("Additional Equipment"); and <br />WHEREAS, Lessor is willing to allow installation of the Additional Equipment, and related use of <br />the Land and Elevated Tank, in accordance with the terms of this Third Amendment, <br />NOW THEREFORE, in consideration of the mutual covenants herein set forth and other good <br />and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties <br />hereby agree as follows: <br />1. Recitals. The above recitals are true and correct, and are incorporated herein. <br />2. The Agreement is hereby amended as follows: <br />a. Paragraph 1 of the Agreement is amended to reflect that the Lessee shall have the <br />right to install and operate radio communication equipment, including Additional <br />Equipment as described herein as Revised Exhibit A. <br />b. Contractor shall call for locates before beginning to dig. <br />c. Contractor shall hand dig entire project area inside the fenced area at the tank <br />location. <br />3. The parties hereby reaffirm their rights and obligations under the Agreement as modified by <br />this Third Amendment. In the event of any inconsistencies between the Agreement and this <br />Third Amendment, the terms of this Third Amendment shall control. <br />IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the day and <br />year first above written. <br />[SIGNATURE PAGES FOLLOW] <br />
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