2025-171 - Laserfiche WebLink

Home Browse Search

A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK at any time, day or night, as may be required in connection with the foregoing activities and uses, andnon-exclusive easements in, to, under and over portions of Grantor's Properties substantially as shown and described on Exhibit B-2 for ingress and egress to and from the Communication Easement and a publicly dedicated roadway (the "Access Easement"); and utilities providing service to the Communication Easement and the Facilities ("Utility Easement"), and any related activities and uses. The Communication Easement, Access Easement and Utility Easement are collectively referred to as the "Easements". (b) The Parties agree that the Communication Easement includes, without limitation, (i) the portion of Grantor's Property available for use by wireless service providers, if any, and (ii) the portion of Grantor's Property upon which any Facilities are located, if any on the Effective Date. Grantor and Grantee acknowledge and agree that American Tower Corporation ("American Tower") currently operates the Facilities (including the existing telecommunications pole) and will continue to do so under the terms of that certain lease agreement dated as of February 20, 2007, between the County of Indian River and American Tower (successor -in -interest to Verizon Wireless Personal Communications L.P.); as amended (collectively, the "Lease"). Grantee further acknowledges that, as a result of the aforementioned easement, Grantee will assume the Grantor's rights with regard to the Lease. (c) Grantee shall maintain the following insurance during the Tenn: (i) general liability insurance for claims for bodily injury or death and property damage with combined single limits of not less than $1,000,000 per occurrence with a general aggregate limit of $2,000,000. (ii) workers' compensation insurance insuring against and satisfying Grantee's obligations and liabilities under the workers' compensation law of the State of New Jersey of not less than $1,000,000 per occurrence; and (iii) if Grantee operates owned, hired or non -owned vehicles on or about the Property, comprehensive automobile liability insurance with a limit of not less than $1,000,000 combined bodily injury and property damage. (iv) an umbrella policy of $2,000,000. Each such policy (except workers' compensation) shall list Grantor as an additional insured and shall provide that it will not be terminated during the Term or modified to affect the coverage required except after thirty (30) days prior notice thereof to Grantor. Grantee shall have the right to fulfill its insurance obligations under this paragraph by obtaining appropriate endorsements to any master policy of liability insurance that Grantee or its affiliates may maintain. 2. Use of Easements. Grantee may use the Easement for the uses described in Section 1 above. In addition, Grantee shall have the unrestricted right to lease, license, transfer or assign, in whole or in part, or permit the use of the Easements and/or its rights under this Agreement, by any third parties including communication service providers or tower owners or operators, and any lessee or licensee under any existing agreements and the affiliates, agents, contractors, invitees and employees of Grantee and/or Grantee's present or future lessees or licensees (collectively, "Customers"). All access rights provided herein shall be deemed extended to any Customers and their agents and representatives. 2 Easement Agreement WEC-FL-78 Sea Oaks