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04/07/2015 (4)
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04/07/2015 (4)
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Last modified
3/16/2018 4:21:35 PM
Creation date
7/29/2015 2:08:35 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
04/07/2015
Meeting Body
Board of County Commissioners
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Upon recording return to: <br />Tirso M. Carreja, Esq. <br />Shutts & Bowen LLP <br />4301 W. Boy Scout Blvd., Suite 300 <br />Tampa, Florida 33607 <br />AMENDED MEMORANDUM OF TOWER SPACE LEASE <br />This Amended Memorandum of Tower Space Lease (this "Amended MOL") is made <br />and entered into as of this day of , 2015, between INDIAN RIVER <br />COUNTY BOARD OF COUNTY COMMISSIONERS ("Lessor") whose address is 1801 <br />27th Street, Vero Beach, FL 32960, and VERIZON WIRELESS PERSONAL <br />COMMUNICATIONS LP, a Delaware Limited partnership d/b/a Verizon Wireless. as <br />successor in interest to PrimeCo Personal Communications, L.P. ("Lessee"). <br />1. Lessor, on the terms and conditions set forth in an unrecorded document dated <br />August 5, 1997, entitled "Tower Space Lease", as amended by that certain First Amendment to <br />Tower Space Lease dated of even date herewith by and between Lessor and Lessee (the <br />"Lease"), as evidenced by that certain Memorandum of Lease dated August 5. 1997 by and <br />between Lessor and Primeco Personal Communications, L.P., a Delaware limited partnership, as <br />predecessor in interest to Lessee (the "Memorandum"), which terms are incorporated herein by <br />reference, and in consideration for the rents and covenants therein, hereby grants, bargains, sells, <br />and releases unto Lessee, its successors and assigns, a nonexclusive easement for ingress and <br />egress, seven (7) days a week twenty-four (24) hours a day, on foot and motor vehicle, including <br />trucks, over or along a portion of the property owned by Lessor (the "Relocated Access <br />Easement Area") which Relocated Access Easement Area is more particularly described in <br />Exhibit A attached hereto and made a part hereof. <br />2. Lessee releases unto Lessor the Access Easement in the Original Access <br />Easement Area identified in the Memorandum as recorded in the Public Records of Indian River <br />County at OR Book 1207, Page 0851, without, however, releasing any rights granted to Lessee <br />under Section 1 of this Amended MOL. <br />3. In the event of any inconsistency between the exhibits contained in the <br />Memorandum and this Amended MOL, the exhibits of this Amended MOL shall control. Except <br />as otherwise set forth herein, all other terms and conditions of the Memorandum remain in full <br />force and effect. The purpose of this Amended MOL is. to give record notice of the Relocated <br />Access Easement Area, and of the rights created thereby, all of which are hereby confirmed. In <br />the event of a conflict between the terms of this Amended MOL and the terms of the Lease. the <br />terms of the Lease shall prevail. <br />Verizon Wireless Site Name/1D: IRC EMS Station — 62715 <br />36 <br />
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