Laserfiche WebLink
OR16.fi0 LC'6AL <br />of/o7/aa1 S <br />i3' ' <br />A TRUE COPY <br />X015 133 CERTIFICATION ON LAST PAGE <br />LICENSE AGREEMENT J.R. SMITH. CLERK <br />THIS LICENSE AGREEMENT ("License") is made and entered into effective as of the date of <br />execution by the last party to sign (the "Effective Date") by and between, Indian River County, a political <br />subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 (the "County"), <br />and T -Mobile South LLC, a Delaware limited liability company, whose address is 12920 SE 38th Street, <br />Bellevue, WA 98006 ("T -Mobile"). <br />WHEREAS, the County owns certain real property known as Historic Dodgertown and more <br />particularly described or depicted in attached Exhibit 1 (the "Property"); and, <br />WHEREAS, Historic Dodgertown has several athletic fields (baseball, softball and <br />football/soccer/lacrosse) that are lighted by tall light towers; and <br />WHEREAS, T -Mobile has approached the County about replacing an existing light tower and placing <br />an array of antennae thereon; and <br />WHEREAS, the County recognizes the importance of having communication towers by having a <br />Comprehensive Long Range Tower Siting Report; and <br />WHEREAS, T -Mobile desires to License from County a certain portion of the Property, more <br />particularly described or depicted in attached Exhibit 2 (the "Premises"); and <br />WHEREAS, T -Mobile agrees to construct an array of antennae on one of the light towers at no cost to <br />the County. <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, the parties hereto agree: <br />1. RIGHT TO LICENSE. <br />(a) County grants to T -Mobile the right to License a portion of the Property measuring approximately <br />0.0068 acres or Three Hundred (300) square feet as described on attached Exhibit 2, together with unrestricted <br />access for T -Mobile's uses from the nearest public right-of-way along the Property to the Premises as described <br />on the attached Exhibit 2 (collectively, the "Premises"). <br />(b) From and after the date of this Agreement as set forth above for the time period set forth below (the <br />"Testing Period"), and at any time during the term of this Agreement, T -Mobile and its agents, engineers, <br />surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil <br />borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property <br />(collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or <br />deemed necessary or appropriate at T -Mobile's sole discretion for its use of the Premises and include, without <br />limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and <br />construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of <br />necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of T -Mobile , are <br />necessary in T -Mobile's sole discretion to determine the physical condition of the Property, the environmental <br />history of the Property, County's title to the Property and the feasibility or suitability of the Property for T - <br />Mobile's Permitted Use, all at T -Mobile's expense. T -Mobile will not be liable to County or any third party on <br />account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or <br />1 <br />