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2024-257
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2024-257
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Last modified
11/6/2024 1:59:39 PM
Creation date
11/6/2024 1:17:16 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
10/08/2024
Control Number
2024-257
Agenda Item Number
8.G.
Entity Name
New Cingular Wireless PCS, LLC
Subject
Reinstatement and Ratification of and Fourth Amendment to Elevated Water Tank
Space License Agreement
Document Relationships
2024-256
(Agenda)
Path:
\Official Documents\2020's\2024
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Market: FLORIDA <br />Cell Site Number: 71360 <br />Cell Site Name: WEST VERO <br />Fixed Asset Number: 10032101 <br />REINSTATEMENT AND RATIFICATION OF AND FOURTH AMENDMENT TO ELEVATED WATER <br />TANK SPACE LICENSE AGREEMENT <br />THIS THIS REINSTATEMENT AND RATIFICATION OF AND FOURTH AMENDMENT TO <br />ELEVATED WATER TANK SPACE LICENSE AGREEMENT ("Fourth Amendment'), dated as of the latter of <br />the signature dates below (the "Effective Date"), to that certain Elevated Water Tank Space License Agreement dated <br />March 23, 2004 ("Agreement') as amended by the First Amendment to Elevated Water Tank Space License <br />Agreement, dated September 10, 2013 ("First Amendment'), and the Second Amendment to Elevated Water Tank <br />Space License Agreement dated October 20, 2015 ("Second Amendment'), and the Third Amendment to Elevated <br />Water Tank Space License Agreement dated November 15, 2016 ("Third Amendment"), by and between Indian River <br />County, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, <br />Florida 32960 ("Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a <br />mailing address of 1025 Lenox Park Blvd NE, 31 Floor, Atlanta, GA 30319 ("Licensee"). <br />RECITALS <br />WHEREAS, on March 23, 2004, Licensor and Licensee's predecessor in interest entered into the Agreement <br />in which Licensor authorized certain use of the Land and Water Elevated Tank, located at 1805 58' Avenue in Indian <br />River County ("Property")as set forth more fully therein which Agreement was amended by the First Amendment, <br />Second Amendment, and the Third Amendment (collectively the "Agreement"); and <br />WHEREAS, the term of the Agreement expired on March 28, 2024, and Licensor acknowledges that <br />Licensee has been occupying the Premises on a month-to-month basis and Licensor has accepted License Fees during <br />such month-to-month basis from Licensee and the parties mutually desire to renew the Agreement, memorialize such <br />renewal period and modify the Agreement in other respects as set forth herein; and <br />WHEREAS, Licensee desires to install and operate Additional Radio Communication Equipment on the <br />Land and Elevated Tank, which equipment is described more fully on Exhibit G attached hereto ("Additional Radio <br />Communication Equipment"); and <br />WHEREAS, Licensor and Licensee desire to adjust the License Fee in conjunction with the modifications <br />to the Agreement contained herein; and <br />WHEREAS, Licensor and Licensee desire to amend the Agreement to modify the notice section thereof, and <br />WHEREAS, Licensor and Licensee desire to amend the Agreement to permit Licensee to add, modify and/or <br />replace equipment in order to be in compliance with any current or future federal, state or local mandated application, <br />including but not limited to emergency 911 communication services; and <br />WHEREAS, Licensor and Licensee, in their mutual interest, wish to amend the Agreement as set forth below <br />accordingly. <br />NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt <br />and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows: <br />
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