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2024-259
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2024-259
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Last modified
11/6/2024 2:01:51 PM
Creation date
11/6/2024 1:27:47 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
10/08/2024
Control Number
2024-259
Agenda Item Number
8.I.
Entity Name
T-Mobile South, LLC
Subject
Third Amendment for Cell Radio Lease Gifford
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Docusign Envelope ID: B663FA45-68B7-482B-B92F-5929DC9D73A9 <br />Site # A21?0003A <br />Market: Miami <br />THIRD AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT <br />THIS THIRD AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT <br />("Third Amendment") is made and entered into by and between Indian River County, a political <br />subdivision of the State of Florida ("Licensor"), and T -Mobile South LLC, a Delaware limited liability <br />company as successor -in -interest to Omnipoint Holdings Inc. ("Licensee"). <br />RECITALS <br />WHEREAS, Licensor and Licensee (or as applicable, their respective predecessors in interest) <br />entered into an Elevated Water Tank Space License Agreement dated March 23, 2004, as amended by the <br />First Amendment to the Elevated Water Tank Space License Agreement dated December 17, 2013 and <br />further amended by the Second Amendment to the Elevated Water Tank Space License Agreement dated <br />December 5, 2017 (collectively "Agreement") with respect to the premises located at 4690 28`h Court <br />(North of 49`h Street) in Indian River County, Florida (the "Property") <br />WHEREAS, The Licensor and Licensee desire to enter into this Third Amendment in order to <br />modify and amend certain provisions of the Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br />contained and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Licensor and Licensee covenant and agree as follows: <br />1. USE. The Licensee shall have the right to modify its antenna facilities as described and <br />depicted in Exhibit A-2, which is attached hereto and by this reference incorporated herein, and the <br />Licensor hereby consents to and approves of such modifications. <br />2. LICENSE FEE. As partial consideration for this Third Amendment, Licensee agrees to <br />pay a minimum License Fee to Licensor payable monthly in Four Thousand Eight Hundred and Fifty <br />Dollar ($4,850) installments, as such monthly sum is modified by the escalator provision in the <br />Agreement, over a ten (10) year term commencing on the earlier of (i) the first day of the month <br />following the commencement of construction of the modification of Licensee's equipment at the <br />Property or, (ii) the first day of the month following the day that is sixty (60) days from the full <br />execution of this Third Amendment, whichever comes first. Licensee shall thereafter pay Licensor a <br />monthly License Fee, as escalated pursuant to the Agreement, for the remaining term of the -Agreement <br />3. TERM OF THE LICENSE AGREEMENT. The Licensee has the option to extend the <br />Agreement for four (4) additional five (5) year terms under the same terms and conditions as set forth in <br />the Agreement as amended by this Third Amendment. <br />4. WATER TOWER REPAIRS. As further consideration for this Third Amendment, <br />Licensee agrees to pay Licensor a one-time sum of one hundred thousand dollars ($100,000.00) upon <br />execution of this Third Amendment to be used for repairs to the water tower at the Property. <br />5. NOTICE. The Parties notice addresses in the Agreement are deleted in their entirety and <br />replaced with the following: <br />If to Licensee: <br />If to Licensor <br />T -Mobile, Inc. Indian River County <br />Attn: Lease Compliance/Site No. A2P0003A Attn: IT Director <br />TMO Signatory Level: L03 <br />NLG -99515 <br />
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