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06/23/2015 (4)
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06/23/2015 (4)
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Last modified
3/2/2021 10:52:27 AM
Creation date
9/2/2015 12:02:44 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/23/2015
Meeting Body
Board of County Commissioners
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SECOND AMENDMENT TO TOWER AND GROUND SPACE LEASE <br /> LESSEE SITE: I.D. :GIFFORD WATER'TOWER NO.62716 <br /> THIS SECOND AMENDMENT("Second Amendment") is made and entered into as of the <br /> day of ,2015,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 1801 27th Street,Vero Beach, Florida 32960(the"Lessor")and Verizon <br /> Wireless Personal Communications LP,D/b/a Verizon Wireless,with its principal office located at One <br /> Verizon Way, Mailstop 4AW160, Basking Ridge, New Jersey,07920(the"Lessee"). <br /> WHEREAS,on August 5,1997 Lessor and PrimeCo Personal Communications,L.P.(n/k/a lessee) <br /> entered into that certain Tower and Ground Space Lease in which Lessor authorized certain use of the <br /> Land and Elevated Tank,as set forth more fully therein,which Agreement was amended by that First <br /> Amendment to the Tower and Ground Space Lease,dated June 9,2009;and <br /> WHEREAS,Lessee desires to install additional equipment on the Elevated Tank,which <br /> equipment is described more fully in Exhibit A-2 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 Second 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. Lessee shall have the right to install and operate radio communication equipment, <br /> including Additional Equipment as set forth in Exhibit A-2 attached hereto and <br /> incorporated herein by reference. <br /> b. Installation of the Additional Equipment shall be strictly in accordance with the <br /> construction drawings previously submitted by Lessee and approved by Lessor's <br /> outside contractor(CD's),attached hereto as Attachment A-2. Said CD's shall also <br /> reflect any existing equipment that will remain on the Land or the Elevated Tank. <br /> No later than ninety(90)days after installation of the Additional Equipment,Lessee <br /> shall obtain(at Lessee's expense)an inspection conducted by Lessor's outside <br /> contractor of all equipment and the installation to confirm compliance with the <br /> approved CD's. <br /> c. No later than ninety(90)days after installation of Additional Equipment,Lessee <br /> shall hire Lessor's outside contractor at Lessee's expense,to perform any touch up <br /> to paint and finishes that were affected by installation of Additional Equipment or <br /> relocation of existing equipment. <br /> 1 <br /> 112 <br />
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