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I Z G. VERO BEACHBROADCASTm LLC - ESTOPPEL CERTIFICATE REGARDING COMMUNICATIONS TOWER 6SANDAB - PINNACLE TOWERS The Board reviewed a Memorandum of August 28, 2000: Date: August 28, 2000 To: The Honorable Board of County Commissioners Thru: James E. Chandler, County Administrator From: Thomas W. Frame, General Services Director —i k" U). ' Subject: Estoppel Certificate Requested by Vero Beach Broadcasters, LLC EXHIBITS: • Proposed Estoppel Certificate (September 2000) • License between Indian River County and Sandab Communications Limited Partnership II (March 17,1992) • Amendment to License Agreement between Sandab Communications, Limited Partnership II and Indian River County (June 22,1993) • Consent and Estoppel Agreement between Pinnacle Towers, Inc. and Indian River County (May 5, 1998 • Assignment and Assumption of License Agreement between Sandab Communications Limited Partnership, II and Pinnacle Towers, Inc. (May 15, 1998) BACKGROUND: On August 8, 2000, the Board of County Commissioners approved an Assignment of License from Sandab Communications Limited Partnership II to Vero Beach Broadcasters, LLC. That action was brought on by the sale of the radio station by Sandab Communications to Vero Beach Broadcasters. The particular license being assigned was for the occupation of right -of --way in front of the radio offices. A second request is now before the Board. This request is for an estoppel certificate. The estoppel certificate is for an existing license agreement as amended between Indian River County and Pinnacle Towers, Inc. Pinnacle Towers owns towers located on property (old landfill site off Old Dixie Hwy.) owned by Indian River County. The Tower is the transmission tower for WGYL, the station purchased by Vero Beach Broadcasters, LLC. Initially, Sandab Communications obtained a license from Indian River Countv to erect a transmission tower on the County property. Some of the terms of that agreement were negotiated for a term -period of sixteen (16) years, for the payment of certain fees and for one space on the tower for use by the County. Subsequently, the agreement was amended on June 22, 1993. The changes under that amendment expanded the tern of the agreement from sixteen to thirty years; the fees were modified to reflect increases in the fees after the first five vears to be $500 or the Consumer Price Index, whichever is greater; an additional space on the tower for the County totaling two spaces; and a hold harmless for Sandab Communications from any and all costs associated with clean-up associated with the old landfill. DOWN a1ll .� -18- •