FIRST AMENDMENT TO LICENSE AGREEMENT
:,,,,,/ ,#.. J
f ::':'!
1
)
FIRST AMENDMENT TO LICENSE AGREEMENT
THIS /~} AMENDM~T29 LICENSE AGREEMENT is entered
into this day of ~ ' 1996, by and between
the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation (~Licensor") and PCS PRIMECO, L.P., a Delaware
Limited Partnership, regarding that certain License
Agreement between the parties dated April 8, 1996, governing
Licensed Premises as described in Paragraph 1 thereof.
WIT N E SSE T H:
WHEREAS, Licensee desires to amend the herein
described agreement to forsake and terminate all rights,
privileges, and benefits accruing to Licensee's use of
Licensor's Communications Tower at 1400 Young Street
(License Premises ~B") and Licensor's North Water Tank at
1700 Kings Highway (License Premises ~C") by virtue of said
agreement, together with all costs, obligations, terms and
conditions binding Licensee therefore; and,
WHEREAS, Licensor is agreeable to releasing Licensee in
all respects from all costs, obligations, terms and
condi tions associated with the aforesaid portions of the
Licensed Premises described in said License Agreement, in
exchange for Licensee forsaking and terminating all rights,
privileges and benefits accruing to Licensee thereby, under
certain terms and conditions as hereinafter set forth;
NOW, THEREFORE, in consideration of the mutual promises
made therein, and the mutual benefits being derived by each
of the parties thereto, it is agreed that said License
Agreement be amended as follows:
A. Henceforth, following the date hereof, the only
portion of the Licensed Premises upon which said License
Agreement shall be effective is that certain Communications
Tower location at 3290 S.R. 580 and McMullen Booth Road
(License Premises ~A", therein).
B. Licensee
rights, privileges
bestowed to those
described as License
henceforth forsakes and terminates all
and benefits said License Agreement
portions of the Licensed Premises
Premises ~B" and ~C".
C. Licensor henceforth releases Licensee from all
future costs, obligations, terms and conditions previously
Page 1 of 4
:ZO-03(1"OO
r
I 11 \
('1 )
,.
I
I
binding Licensee regarding those certain portions of the
Licensed Premises described as License Premises "B" and "Cu.
D. Contemporaneous wi th delivery of this First
Amendment To License Agreement to Licensor, duly executed by
Licensee, Licensee shall deliver the following documents
which shall be subject to provisions of the License
Agreement:
1. Insurance certificate (s) as required under
paragraph 15 of the License Agreement.
2. Environmental report(s) as required under
paragraph 16 of the License Agreement.
E. Upon approval of this First Amendment To License
Agreement by the Clearwater City Commission, and its proper
execution, It is mutually agreed between the parties that
the initial year annual rent for the remainder Licensed
Premises shall continue unchanged at $12,420.00, which shall
be due and payable to Licensor not later than fifteen (15)
days following delivery of this document to Licensee.
F. All annual rent payments, subject to adjustment as
provided in the License Agreement, shall be due and payable
on or before each succeeding anniversary of the Commencement
Date (May 1, 1996)of the License Agreement. A late payment
penalty of ten percent (10%) of the annual rent amount shall
be due and accompany any payment received by Licensor after
the tenth (10th) day following any due date as herein
provided.
G. It is mutually agreed by the parties that Paragraph
21(e)of the License Agreement is hereby amended to read as
foIIO'.'Js:
If the License Premises is damaged for any reason so as
to render it substantially unusable for PrimeCo's use, other
than damage by or through accident, error, omission, willful
misconduct or negligence of Licensee, its employees, agents,
contractors or assigns, rent shall abate for such period not
in excess of ninety (90) days while the City, at its expense
restores the City's tm..cro tower and/or buildings to its
condition prior to such damage. Provided, however, in the
event the City fails to repair the Licensed Premises within
the said ninety (90) day period, PrimeCo shall have the
right to terminate this License with no further obligations
Page 2 of 4
,{
I
I
hereunder. In the event such damage is in any way
attributable to PrimeCo, its employees, agents, contractors
or assigns, and PrimeCo fails to repair the Licensed
Premises wi thin ninety (90) days of occurrence, the City
shall have the right to terminate this License with no
further obligations hereunder, or to deem Licensee to be in
default of this License Agreement and subject to the
remedies as provided in Paragraph 13 hereof.
ALL OTHER TERMS AND CONDTIONS OF SAID LICENSE AGREEMENT
REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals on the day and year first above written.
Signed, sealed and delivered
:4:e" presence" of:
~J~
WITNESS
Print Name~
~
PCS PRIMECO, L.P.
BY:~~~
~Daniel Behuniak
Chief Operating Officer and
President, Southeast Region
SI'I! M.GDf0
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned, personally appeared Daniel
Behuniak, Chief Operating Officer and President, Southeast
Region, PCS PRIMECO, L.P., a Delaware Limited Partnership,
who acknowledged the foregoing instrument on behalf of the
partnership.
"
,:,:r!:?0 JANiCE E LOPIL'l.TO
!i/Z"w:':;"~ My Co.-nm EXj), 8/18100
"~''''',.e)~iG~lnded By Servioeln$
.:.:V^K~NI) CC5$3276
( .ze"", \~;?\' K..,"", I ! Olfo<< f. O.
1. k 0
tary Public - State of Florida
prijt/tYPe name:
[v1 Personally Known
[ ] PLuduc~J Identification
-Typo of Idel1tification Produced
Page 3 of 4
"
I
I
fJj;~
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: ~4'~
Eliza th M Deptula
City anager
Approved as to form and
legal sufficiency:
Attest:
J2::ss~ -
Assistant City Attorney
- '
.uv~~~, JAft~~
V Cl ty C.ls!;.k "- .,
, .
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally
appeared Rita Garvey, Mayor-Commissioner of the City of
Clearwater, Florida, who executed the foregoing instrument
and acknowledged the execution thereof to be her free act
and deed for the use and purposes herein set forth, and who
is personally known to me.
my hand and seal this
1L day of ik-raeA ),
a~
DenIIe A. WIIIoII
'B{ ; MY COMMISSION # CC538OO8 EXPIRES
'-A,' '. . June 18, 2000
o ~:.' BONOeOTtRlTROVFAlNINSUlWa,lN(;,
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally
appeared Elizabeth M. Deptula, City Manager of the City of
Clearwater, Florida, who executed the foregoing instrument
and acknowledged the execution thereof to be her free act
and deed for the use and purposes set forth, and who is
personally known to me.
my hand and seal this
JL
day
of {ld;;PHA )
DenI8e A. WIl80It
f8( COMMISSION , CC588llOO EXPII&
June 18. ZOOO
BllNDED 1IfI\/ lIlllY fAlIllllSlJRAllCE. 1IlC,
Page 4 of 4