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11/15/2016 (2)
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11/15/2016 (2)
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Last modified
12/10/2020 1:10:04 PM
Creation date
12/10/2020 12:13:03 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/15/2016
Meeting Body
Board of County Commissioners
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Attachment ! <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 />day of , 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 />115 <br />
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