Attachment 2 Licensor Site Reference: Los Gatos
Licensor GL Location #: 116611
1
SECOND AMENDMENT TO LICENSE AGREEMENT
THIS SECOND AMENDMENT TO LICENSE AGREEMENT (the “Second
Amendment”) is made this ____ day of ________________, 2018, between GTE Mobilnet of
California Limited Partnership, a California limited partnership, d/b/a Verizon Wireless
(“Licensor”) and The Town of Los Gatos (“Licensee”).
WITNESSETH:
WHEREAS, Licensor and Licensee, or their respective predecessors in interest, entered
into that certain License Agreement dated July 1, 1998, as amended by that certain First
Amendment to License Agreement dated September 15, 2008 (collectively, the “Agreement”),
wherein Licensor licensed to Licensee a portion of space in Licensor’s equipment shelter; and
WHEREAS, Licensee desires to add three (3) additional floor mounted racks for new
equipment to be added, to which Licensor is amenable; and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, and intending to be legally bound hereby, the Licensor and
Licensee agree as follows:
1. Licensee shall be allowed to make the equipment additions or removals necessary
to configure Licensee’s equipment as shown on Exhibit C-2 of this Second Amendment
(“Exhibit C-2”), which is incorporated herein by this reference. Licensor and Licensee agree
and acknowledge that as of the date this Second Amendment is fully executed, Exhibit C-2
shall replace Exhibit C-1 of the Agreement in its entirety and shall replace any other description
of Licensee’s equipment in the Agreement. Only the antennas and equipment listed in Exhibit
C-2 shall be authorized and permitted by Licensor.
2. In consideration for the right to install and operate the additional equipment,
Licensee shall pay to Licensor an annual electrical fee in the amount of $1,800.00,
commencing on October 1, 2018.
3. Licensee shall pay a onetime, lump sum capital project contribution payment to
Licensor in the amount of $82,000.00 which represents the amount the Licensee agrees to pay
to Licensor to reimburse Licensor for installation of a 400 amp power utility station and a new
HVAC unit. Licensee shall pay the capital project contribution payment mentioned herein
within thirty (30) days of full execution of this Second Amendment. Licensee shall include
with said payment the Licensor site name, Los Gatos, and Licensor location code, 116611. The
following shall apply with respect to payments to Licensor:
Checks sent by regular mail must be mailed to:
Verizon Wireless
P.O. Box 64498
Licensor Site Reference: Los Gatos
Licensor GL Location #: 116611
2
Baltimore, MD 21264-4498
Overnight checks must be mailed to:
M&T Bank Attn: Lockbox 64498
8th Floor- 1800 Washington Boulevard
Baltimore, MD 21230
Wires must be sent to:
M&T Bank (Manufacturers and Traders Trust Company)
Baltimore, MD 21201
ABA #022000046 Account #42504717
4. Unless otherwise provided herein, all defined terms shall have the same meaning as
ascribed to such terms in the Agreement.
5. In the event of any conflict or inconsistency between the terms of this Second
Amendment and the Agreement, the terms of this Second Amendment shall govern and control.
6. Except as otherwise provided for in this Second Amendment, the Agreement shall
remain in full force and effect in accordance with the original terms of the Agreement.
[Signatures Appear on the Next Page]
Licensor Site Reference: Los Gatos
Licensor GL Location #: 116611
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IN WITNESS WHEREOF, this Second Amendment is effective and entered into as of
the date last written below.
LICENSOR:
GTE Mobilnet of California Limited
Partnership d/b/a Verizon Wireless
By Cellco Partnership, Its General Partner
By: ________________________
Name: Bryan Goldberg
Title: Director – Network
Engineering & Operations
Date: ________________________
LICENSEE:
The Town of Los Gatos
By: ________________________
Name: ________________________
Title: ________________________
Date: ________________________
Licensor Site Reference: Los Gatos
Licensor GL Location #: 116611
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EXHIBIT C-2