SECOND AMENDMENT TO LICENSE AGREEMENT
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SECOND AMENDMENT TO LICENSE AGREEMENT
TillS S~~OND AMENDMENT TO LICENSE AGREEMENT is made and entered into
this 0" day o~J~~ ,1995 by and between the CITY OF CLEARWATER,
FLORIDA (herein, "City"), and GTE MOBILNET OF TAMPA INCORPORATED, with
offices at 600 North Westshore Boulevard, Tampa, FL 33609 (herein, "GTEM")
WHEREAS, the City and GTEM desire to amend the License Agreement dated August
20, 1992 and amended on May 12, 1994, between the City and GTEM 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 GTEM
to install and operate the following described cellular communications
equipment, building, generator and associated equipment on or in the
Licensed Premises:
a) Two (2) Antel Model LPD 7908/4 antennas Thrc(;U1LS..YlEQ.C.QM
Modcl LPD 790518 ameooa or three (3) i\ntcl 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 "A" and
the new Exhibit "B" attached hereto.
b) Two (2) Scala PRBB-850 Paraflector antennas to be installed on the
east side of the water tank at the 125-foot level.
c) Two (2) Antel BCR-80013 antennas presently installed on the west
side of the water tank at the 125-foot level.
d) Two (2) Antel Model LPD 7908/4 antennas or equivalent with the
antennas to be installed and mounted on the south side and mounted on the
water tank balcony handrail assembly in accordance with Exhibit "A",
Exhibit "B" and the new Exhibit "C: and Exhibit"D" attached hereto.
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 unreasonable withheld.
e) -BB Flexible coaxial transmission lines between antennas and cellular
communications equipment which shall be anchored and installed on
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the water tank structure In accordance with good and accepted
engineering practices.
Radio communications e ui ment conslstIn of transmitters
receivers and accessories to be installed in an equipment building located in
accordance with Exhibit 'D". The ground space shall be a 25' x 22' area,
more or less. within the existing water tank site, and a 3' x 3' space for an
equipment series IIM. minicell cabinet adiacent to the existing 25 x 22 foot
building. In this agreement all of GTEM's equipment building. panels.
generator. cables. wires. antennas. and accessories are referred collectively
to a "Communications Equipment" or "Communications Center. "
2. Paragraph 4 is amended to read:
4. Rent: During the primary term of this Agreement, as rental for the
Licensed Premises, GTEM will pay City the annual sum of Ntae--.+heu-sand
and 001100 Dolars ($9,000.00) plus 7% sales tax Six Thousana---FWe
Hundred Four Dollars ($6,501.00)Eleven-thousand two-hundred fifty and
00/100 dollars ($11.250.00) plus 7% sales tax payable annually in advance.
The effective date of the rent increase will be August 1. 1995. The rental
during the primary term will be adjusted at the end of each year and shall
be based on the U.S. Department of commerce "National Consumer Price
index" for all urban consumers, u.s. city average ("CPI-V) indicator from
the most recently published indicator prior to the adjustment date, and
multiply the resultant number by the yearly license rental amount of the
most recent past license period; provided, however, that the new yearly
license increase amount shall in no case be less than 3% or more than 5%
of the most recent past yearly license rental amount.
3. GTE Mobilnet of Tampa Incorporated, will insure that it complies fully with
Paragraph 20(a) of the aforesaid License Agreement prior to installing any
additional equipment or antennas.
4. All other terms and conditions of the License Agreement shall continue in full
force and effect.
IN WITNESS WHEREOF, City and GTEM have executed this Second Amendment to
License Agreement as of the date and year first above written.
Countersigned:
R..i..ta Galtvey
Mayor-Commissioner
City Of Clearwater, Florida
By:
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Eliza{/{; M. U ptu1..a
City Manager
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Approved as to form and legal sufficiency:
Attest:
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Paul Richard Hull
Assistant City Attorney
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Cy thia E. Goudeau
City Clerk
WITNESSES:
::q~$?~h_
rla~ A. mcYf ()ttlr:;1e
(Print Name ' -
'i2tJ,Iz,-J Jt~~~ /
~~rLW }-kJ~
(print Name)
GTE Mobilnet of Tampa
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B~ BYfon W. Smith
Area President-Florida
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, Elizabeth M. Deptula, Paul Richard Hull,
and Cynthia E. Goudeau, to me well known, and known by me to be individuals described
in and who executed the foregoing instrument as Mayor-Commissioner, City Manager,
Assistant City Attorney and City Clerk, respectively, of the City of Clearwater and that
said seal affixed to the foregoing instrument is the City seal of the City of Clearwater and
said instrument is the free act and deed of said City.
WITNESS my hand and official seal this g-'#-- day of~ ' 1995.
~CJ;.~
PrintlType Name: ~v '11. CAROLYN L. BRINK
Notary Public ~:&~ COMMISSION # CC 463040
~ !!lC EXPIRES MAY 22,1999
-... ~ BONDED THRll
M C " . ~OF f\..~ ATlAIIlTIC BONDING CO., INC.
Y omrmSSlOn ExpIres:
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STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 5~ day of S~ft.e"",-.bt<.;
1995, by Byron W. Smith, Area President-Florida of GTE Mobilnet of Tampa
Incorporated, a Delaware corporation, on behalf of the corporation. .l:fe is personally,
<:c knbwn to me _or has produced tU;.J as identification and did not take an
oath.
GLJ<-- I f/cJ~1-
Print/Type Name:/ . . ...
Notary Public ,/
My Commission Expires:
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~" ~~"v Pua. Charles L. Yarbrough. ~
'. ,~~~ Notary Public, State of Fbnda <
, : ~ W1_~ Comroissi~n No. ~C 452945 ~
:). "'1> 0 ~ '1;"" My Commission Exprres 04/16/99 ~<
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