FIRST AMENDMENT TO LICENSE AGREEMENT
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FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRST AMENDMENT TO LICENSE AGREEMENT is made and entered into this
1271t day of M/I<.Y , 1994, by and between the CITY OF
CLEARWATER, FLORIDA (herein, IICityll), and GTE MOBILNET OF TAMPA, INCORPORATED,
with offices at 600 North Westshore Boulevard, Tampa, Florida 33609 (herein,
IIGTEII).
WHEREAS, the City and. GTE des i re to amend the License Agreement dated
August 20, 1992, between the City and GTE regarding installing antennas on the
elevated water tank at Del Oro Park; now, therefore,
The parties agree as follows:
1. Paragraph 2 is amended to read:
2. Communication Equipment. City hereby grants permission to GTE
to install and operate the following described cellular communications
equ i pment, bu il ding, generator and assoc i ated equ i pment on or in the
Licensed Premises:
(a) Two (2) Antel Model LPD 7908/4 antennas TRrcc (3) S~!mCm1
Modcl LPD 790518 3RtCRR3 or t~rce (3) ARtcl BCR 80013 or equivalent with
the antennas to be installed on the North side and mounted on the Water
Tank balcony hand rail assembly in accordance with Exhibit IIAII and the new
Exhibit IIBII attached hereto.
llLl Two (2) Scala PRBB-850 Paraflector antennas to be installed on
the east side of the water tank at the 125-foot level.
ill Two (2) Antel BCR-80013 antennas presently installed on the
west side of the water tank at the 125-foot level.
The exact locations of antennas shall be supplied to City in the form of
as-built drawings after installation; no alterations thereafter shall be
made without prior written approval and acceptance by City and GTE, such
approval not to be unreasonably withheld.
(Ql f9.) Flexible coaxial transmission lines between antennas and
cellular communications equipment which shall be anchored and installed on
the water tank structure in accordance with good and accepted engineering
practices.
(ti fe.) Radio communications equipment consisting of
transmitters, receivers and accessories to be installed in an equipment
building located in accordance with Exhibit IIA.II The ground space shall
be a 251 x 221 area, more or less, within the existing water tank site.
In this agreement, all of GTEls equipment, building, panels, generator,
cables, wires, antennas, and accessories are referred collectively to as
IICommunications Equipmentll or IICommunications Center.1I
2.
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Paragraph 4 is amended to read:
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4. Rent: During the primary term of this Agreement, as rental
for the Licensed Premises, GTE will pay City the annual sum of Nine
Thousand and 00/100 Dollars ($9.000.00) plus 7% sales tax Six T~ousaR~
rive Iolundrcd rour Dollars ($6,504.00), payable annually in advance. The
effective date of the rent increase will be AUQust 20, 1994. The rental
during the primary term will be adjusted at the end of each year and shall
be based on the U. S. Department of Commerce IINational Consumer Price
Indexll for all urban consumers, U. S. city average (IICPI-UII) indicator and
shall be determined by dividing the CPI-U indicator from the most recently
published indicator prior to the adjustment date, by the CPI-U indicator
published one (1) year prior to the adjustment date, and multiply the
resultant number by the yearly license rental amount of the most recent
past license period; provided, however, that the new yearly license
increase amount shall in no case be less than 3% or more than 5% of the
most recent past yearly license rental amount.
3. GTE Mobilnet of Tampa, Incorporated, will insure that it complies
fully with Paragraph 20(a) of the aforesaid License Agreement prior to installing
any additional equipment or antennas.
4. All other terms and conditions of the License Agreement shall
continue in full force and effect.
IN WITNESS WHEREOF, City and GTE have executed this First Amendment to
License Agreement as of the date and year first above written.
CITY OF CLEARWATER, FLORIDA
By:
R ita Garvey
Mayor-Commissioner
Approved as to form and correctness:
Attest:
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Paul Richard Hu
Assistaant City Attorney
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(Print name)
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James A. LaBelle
General Manager-Vice President
Attest:
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Secret;(ty
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STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the above-
named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
WITNESS my hand and official seal this ;:>~ -,uL day of ~
1994.
C~~of.~
Print/Type Name: . CAROLyN L BRINK
Notary Pub 1 i c Notary PubUC, State of Flarida
Jb comm. expires Ma7 2:Z, 1996
Com.m. No. CC 1111~
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Elizabeth M. Deptula, the City Manager of the
above-named city, who acknowledged that she executed the foregoing instrument.
She is personally known to me and did not take an oath.
WITNESS my hand and official seal this ~~ ~ day of ~- .,
1994. ~
pr~mf' ~YN LIRINK
Notary Pub 11 C Notary Public, State of Florida
My comm. expires MaT a, 1993
Comm. No. CC 111741
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this /0:< y~ day of
, 1994, by James A. LaBelle, General Manager-Vice President
of GTE Mobi t of Tampa, Incorporated, a Delaware corporation, on be~alf of the
cor~orat~o.. ~e is ~er~onallY known to me or has produced /L/~ ~
. as 1dent1f1cat1on and d1d not take an oath. ~
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My Commission Expires:
,,'~';i.!/,'r~', 8M. Rl Y A. LACEY
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[.: \.\ MY COMMISSION' CC 232792
~ ~ff EXPIRES: Sept8mber 24. 1996
"'~iif.~~" Bonded Thro NolaIy PublIc UndelWltlllrs
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EXHIBIT "B"
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All antennas mounted at the 125 foot level.
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