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08/15/2023
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08/15/2023
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Last modified
10/3/2023 3:53:38 PM
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10/3/2023 2:53:42 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
08/15/2023
Meeting Body
Board of County Commissioners
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3120220046253 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL <br />BK: 3,558 PG: 1775,7/2512022 4:08 PM D DOCTAX PD S0.70 <br />1 <br />Record and Return to: <br />Jon L. Lober <br />TIGR Acquisitions III, LLC <br />1 170 Peachtree Street, Suite 1650 <br />Atlanta, GA 30309 <br />Title Number: TFL859078A <br />Prepared by: <br />Jon L. Lober <br />TIGR Acquisitions III, LLC <br />1170 Peachtree Street, Suite 1650 <br />Atlanta. GA 30309 <br />ABOVE THIS LINE RESERVED FOR RECORDER'S USE <br />EASEMENT AGREEMENT <br />This easement agreement ("Agreement") is made and shall be effective on the 21 day of <br />July , 2022 ("Effective Date"), by and between Indian River County, Florida, a political <br />subdivision of the State of Florida ("Grantor") and TIGR Acquisitions III, LLC, a Delaware limited liability <br />company ("Grantee"). <br />1. Grantor's Property and future Collocation Agreements. Grantor represents and warrants that it <br />holds fee simple title to certain real property located at 1725 17th Avenue, Vero Beach, Florida 32960, <br />as more fully described in the legal description attached hereto as Exhibit A (the "Parent PrroRg "). <br />Future tenants (collectively, "Collocators" and individually a "Colloqator"), will be parties to those <br />certain future leases, subleases, licenses and other agrdements which grant others a right to use or <br />occupy a portion of the Easement (each a "Collocation Agreement"). <br />2. Grant of Easement. For the sum of TEN AND NO/100 DOLLARS and other good and valuable <br />consideration, the receipt and sufficiency of which the parties hereby acknowledge as paid on or about <br />the Effective Date along with the purchase price pursuant to the settlement statement executed <br />contemporaneously with this Agreement ("Purchase Price"), Grantor grants and conveys unto Grantee, <br />its successors and assigns, an exclusive easement (subject to the superior interests of other parties of <br />record on the Parent Property) for the Permitted Use defined herein, together with a non-exclusive <br />access easement for ingress and egress to and from the exclusive easement, seven days per week, <br />twenty-four hours per day as such access may change from time to time and a non-exclusive utility <br />easement (as more specifically defined in Exhibit B as Parcel B) to install, replace and maintain utilities <br />servicing the exclusive easement, including, but not limited to the installation of power and telephone <br />service cable, wires, switches, boxes and the like as may be required by the Permitted Use across the <br />Parent Property (collectively "Easement"). In the event that certain Utility Equipment and Landscape <br />Easement dated July 17, 2018 between Indian River County and Datapath Tower, LLC recorded in <br />Book 3162, Page 1416 of the Public Records of Indian River County, Florida ("Recorded Datapath <br />Easement") is terminated then that certain "Springing Easement" detailed in Exhibit B as Parcel A shall <br />be granted by Grantor to Grantee simultaneously with such termination of the foregoing Recorded <br />Asset File 4: TwPA0036305 Page 1 of 14 <br />237 <br />
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