THIRD AMENDMENT TO LICENSE AGREEMENT
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THIRD AMENDMENT TO
LICENSE AGREEMENT
THIS THIRD AMENDMENT TO LICENSE AGREEMENT ("AMENDMENT") is made
and entered into this ~7~ day Of~, 2001 by and between The CITY OF
CLEARWATER, FLORIDA (herein "Landlor ALLTEL Wireless Holdings, LLC, (herein
"Tenant") (the "Parties").
WHEREAS, the Tenant is the successor in interest of GTE Mobilnet of Tampa, Inc. ("Initial
Tenant"),
WHEREAS, on the 20th day of August, 1992, the Landlord and Initial Tenant entered into that
certain License Agreement, a copy of which is incorporated herein by reference ("Agreement"),
WHEREAS, Landlord and Initial Tenant amended the "Agreement" by that certain First
Amendment to License Agreement, dated May 12, 1994 a copy of which is incorporated herein by
reference ("Amendment"),
WHEREAS, Landlord and Initial Tenant amended the "Agreement" by that certain Second
Amendment to License Agreement, dated September 5, 1995 a copy of which is incorporated herein by
reference ("Amendment") and:
WHEREAS, the Tenanthas succeeded to all rights of the Initial Tenant under the Lease;
WHEREAS, the Tenant desires to renew the Agreement;
WHEREAS, Tenant desire to memorialize current notice addresses;
NOW THEREFORE, the Lease is hereby modified as follows:
1. Effect of Amendment on Al!reement. Except as specifically amended in this Amendment,
the Agreement has not been otherwise amended, and remains in full force and effect as the
entire agreement of the Parties with respect to the subject matter.
2. Term: The "Term" section of the Agreement shall be deleted in its entirety and replaced with
the following:
The term of this Agreement shall be three (3) years commencing on September 1, 2007
("Commencement Date") and terminating on August 31, 2010. Should Landlord
dismantle the water tank at any time prior to the expiration of the term, Landlord shall
provide Tenant with no less than ninety (90) days written notice of such intent. The
Agreement shall terminate ninety (90) days following receipt of such notice from
Landlord with no penalty or further liability. Tenant shall remove its Equipment within
the 90 day notice period, prior to the termination of the Agreement. If Tenant's
Equipment is not removed within ninety (90) days of written notice or termination of this
Agreement, Landlord may, at its option, deem the Equipment abandoned and remove the
Equipment from the Premises and water tank.
3. Rent: Beginning on the Commencement Date, Tenant shall pay to Landlord rent of Thirty
Thousand and no/lOO dollars ($30,000.00) annually. Should this Agreement terminate at
anytime during the year for which payment has been received, Landlord agrees to reimburse
Tenant any balance of rental payment received for the then current year, on a pro-rata basis.
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4. Extensions: The "Extensions" section of the Agreement shall be deleted in its entirety.
5. Notices: Tenant notice address shall be deleted and replaced by the following:
TENANT:
Hand-Delivery:
ALL TEL Wireless Holdings, LLC
c/o ALL TEL Communications, Inc.
ALL TEL Site Name: McMullen Booth
ATTN: Property Management Dept.
P.O. Box 2177
Little Rock, AR 72203-2177
Phone: (877) 557-8226
Fax: (501) 905-6944
ALL TEL Wireless Holdings, LLC
c/o ALL TEL Communications, Inc.
ALL TEL Site Name: McMullen Booth
A TTN: Property Management Dept.
Building 2, Floor 2-A
One Allied Drive
Little Rock, AR 72202
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment effective as of
the day and year first written above.
Witness:
LANDLORD:
CITY OF CLEARWATER, FLORIDA
By:
Name:
Title:
Date:
TENANT:
ings, LLC
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Signature page for City of Clearwater for
Third Amendment to License Agreement
With ALL TEL Wireless Holdings, LLC
Countersigned: CITY OF CLEARWATER, FLORIDA
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I....&ar1k V. Hibbard William B. Horne.H . '. ,. .
Mayor City Manager - .
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Leslie K. Dougal-
Assistant City Attor
STATE OF FLORIDA )
COUNTY OF PINELLAS )
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PrinUType NamedJlaJ1e.. t 1P/t2/l/J1
Notary Public
STATE OF FLORIDA )
COUNTY OF PINELLAS .)
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(407) 398-0153
DIANE E MANNI
MY COMMISSION # 00526033
EXPIRES: Mar. 6, 2010
FIorkIa Notmy Service.com
The foregoing instrument was acknowledged before me this ,z,g day of
, 204, by WILLIAM B. HORNE II, City Manager of the City of Clearwater,
h is pe onally known to me.
~~.~
PrinUType Nam~:j)'A^,€ IE, II1ANNI
Notary Public
.p"""~ DIANE E MANNI )
~w~ MY COMMISSION 11 OD52li033
"~IIf~'ll# eXPIRES: Mar. 6, 2010
~ (407) 398-0153 ROIIdll NoleIy SeMoe.oam
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ACKNOWLEDGEMENT
COUNTY OF
)
) 55
)
STATE OF
I, , a Notary Public of County, State of Florida, certify
that came before me this day and acknowledged that he is
of the City of Clearwater, Florida and acknowledged that he executed the
foregoing instrument in their capacity as such officer for the purposes contained therein.
WITNESS my hand and official seal, this _ day of
,200_,
My commission expires:
Notary Public
(S E A L)
ACKNOWLEDGEMENT
STATE OF ARKANSAS
COUNTY OF ~
)
) 55
)
I, .s.H I4IUJN 8uL € rr, a Notary Public of Pulaski County, State of Arkansas, certify that
James E, McDonald personally came before me this day and acknowledged that he is Vice President -
Network Services of ALLTEL Wireless Holdings, LLC, a Delaware limited liability company, and
that, by authority duly given and as the action of the corporation, the foregoing instrument was signed
in its name by such officer thereof.
WITNESS my hand and official seal, this ~ ~ ,2oot
My commission expires: ~~
./ Notary Public
12/1 (;1
(S E A )
Sharon L. Pruett
County Of Pulaski
Notary Public - Arkansas
My Commission Exp. 12/0112014
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