HomeMy WebLinkAbout2024-256Prepared by and Return to:
New Cingular Wireless PCS, LLC
Attn: Tower Asset Group - Lease Administration
1025 Lenox Park Blvd NE, 3`d Floor
Atlanta, Georgia 30319
P\W
(Space Above This Line For Recorders Use Only)
Re: Cell Site # 71360;
Cell Site Name: WEST VERO
Fixed Asset #: 10032101
State: Florida
County: Indian River
MEMORANDUM OF FOURTH AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE
AGREEMENT
This Memorandum of Fourth Amendment to Elevated Water Tank Space License Agreement is entered into on
this 8th day of October , 2024 , by and between Indian River County, a political subdivision of the State
of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960 ("Licensor") and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE,
31 Floor, Atlanta, Georgia 30319 ("Licensee").
Licensor and Licensee entered into a certain Elevated Water Tank Space License Agreement dated
March 23, 2004 as amended by the First Amendment to Elevated Water Tank Space License Agreement,
dated September 10, 2013, and the Second Amendment to Elevated Water Tank Space License
Agreement dated October 20, 2015, and the Third Amendment to Elevated Water Tank Space License
Agreement dated November 15, 2016, for the purpose of installing, operating and maintaining a
communications facility and other improvements. A Memorandum of Lease reflecting the Agreement
was recorded June 8, 2004 in Book 1742, page 2186, in the public records of Indian River County, State
of Florida.
2. In addition to the Extension Terms presently set forth in the Agreement, the Agreement will
automatically renew for four (4) separate consecutive additional periods of five (5) years each upon the
same terms and conditions of the Agreement, unless Licensee notifies Licensor in writing of Licensee's
intention not to renew the Agreement at least sixty (60) days prior to the expiration of the existing term.
3. This Memorandum of Fourth Amendment to Elevated Water Tank Space License Agreement is not
intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of
the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In
the event of a conflict between the provisions of this Memorandum of Fourth Amendment to Elevated
Water Tank Space License and the provisions of the Agreement, the provisions of the Agreement shall
control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective
heirs, successors, and assigns, subject to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Fourth Amendment to Elevated
Water Tank Space License Agreement as of the day and year first above written.
Witnesses:
LICENSEE:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: /J,�� By: AT&T Mobility Corporation
Print Name: #1 Pec 4eA- Its: Manager
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By:
Print Name: f l -e I
n ,
STATE OF r-kcNC4— )
COUNTY OF
On the day of m , 204, before me, a Notary Public, personally
appeared as if x k_– IC oof AT&T Mobility
Corporation, Manager of New ng ar Wireless PCS, LLC, a Delaware limited liability co y,
"Licensee," who executed the foregoing instrument on behalf of said entity. Said person is personally
known to me, or ❑ produced to me a satisfactory evidence in the form of ,
to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)
(she) executed the same in (his) (her) capacity and that by (his) (her) signature(s) on the instrument, is the
individual or the person on behalf of which the individual acted, executed the instrument.
WITNESS my hand and official seal in the state and county last aforesaid.
[Affix Seal]
ATTEST: Ryan L. Butler, Clerk of Court,
and Comptroller
By:b"
Deputy Clerk
Approved:
fidtiri A. Titkanich, County Administrator
Print name: HrNOA A)
Serial number:
My commission expires:
• SS/0
Licensor:
INDIAN RIVER COUNTY BOARD '
COUNTY COMMISSI RQ'
SSusanams Chairman •4 �' Y ��a
Approved by BCC: October 8, 2024 .
Approved as to form and legal sufficiency:
Baal, County Attorney
ft -5--.
AMANDA SCHULTZ
�
Notary Public, State Of Florida
Commission No. HH 243913
• """"r
My Commission Expires: 3/22/2026
ATTEST: Ryan L. Butler, Clerk of Court,
and Comptroller
By:b"
Deputy Clerk
Approved:
fidtiri A. Titkanich, County Administrator
Print name: HrNOA A)
Serial number:
My commission expires:
• SS/0
Licensor:
INDIAN RIVER COUNTY BOARD '
COUNTY COMMISSI RQ'
SSusanams Chairman •4 �' Y ��a
Approved by BCC: October 8, 2024 .
Approved as to form and legal sufficiency:
Baal, County Attorney
ft -5--.