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2008-362A
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2008-362A
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Last modified
4/18/2016 1:19:25 PM
Creation date
10/1/2015 1:05:32 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/04/2008
Control Number
2008-362A
Agenda Item Number
13.D
Entity Name
Global Tower Assets. LLC
Subject
License Agreement Communication Tower
Area
Hobart Park
Supplemental fields
SmeadsoftID
8057
Document Relationships
2017-197
(Cover Page)
Path:
\Official Documents\2010's\2017
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GTP Site ID: FL-5586 <br /> GTP Site Name: Vero Beach <br /> (b) From and after the date of this Agreement as set forth above for the time period set forth below <br /> (the <br /> "Testing Period"), and at any time during the term of this Agreement, Global Tower 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 Global Tower' s sole discretion for its use of the Premises and include, <br /> without 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 Global Tower, <br /> are necessary in Global Tower' s sole discretion to determine the physical condition of the Property, <br /> the <br /> environmental history of the Property, County' s title to the Property and the feasibility or suitability of <br /> the <br /> Property for Global Tower' s Permitted Use, all at Global Tower' s expense. Global Tower will not be liable to <br /> County or any third party on account of any pre-existing defect or condition on or with respect to the Property, <br /> whether or not such defect or condition is disclosed by Global Tower' s inspection. Global Tower will restore the <br /> Property to its condition as it existed at the commencement of the Testing Period (as defined below), reasonable <br /> wear and tear and casualty not caused by Global Tower excepted . In addition, Global Tower shall indemnify, <br /> defend and hold County harmless from and against any and all injury, loss, damage or claims arising directly <br /> out of Global Tower' s Tests . <br /> (c) Plans submitted by Global Tower call for the new tower to be supported by guy wires and the County <br /> agrees to grant, by separate document if needed, an aerial easement for the guy wires. <br /> 2 . TERM. <br /> (a) This License shall commence on date Global Tower begins construction at the site (the <br /> "Commencement Date"), which shall be confirmed in writing from Global Tower to County. Unless extended <br /> or sooner terminated as herein provided, the term shall be for a period of one hundred twenty ( 120) months (ten <br /> years) following the Commencement Date ("Initial Term") . <br /> (b) Global Tower shall have the option to extend the term of this License for four (4) successive additional <br /> periods of 60 months (five years) each (each a "Renewal Term") . Each Renewal Term shall commence <br /> automatically, unless Global Tower delivers notice to County of its intent not to renew, such notice to be <br /> delivered not less than thirty (30) days prior to the end of the then-current term. <br /> (c) Upon expiration of this lease agreement, Global Tower shall remove the tower or transfer ownership of <br /> the tower to the County, at the County' s option. <br /> 3 . LICENSE FEE . Global Tower shall pay license fee to County beginning at Commencement Date a <br /> monthly fee payment that shall consist of the following: <br /> (a) a sum equal to thirty five percent (35 %) of the rent or any fees paid by any tenants, licensees <br /> or <br /> sublicensees to Global Tower except the County shall not be entitled to any rent or fees from the following <br /> tenants : The United States Coast Guard Rescue 21 Project . <br /> (b) The parties agree that the County has the following tenants leasing space of the existing tower: Florida <br /> Power and Light. Federal Aviation Administration and the County shall continue to receive rent from these <br /> tenants. Global Tower shall have no right to any rent paid by the existing County tenants . Global agrees to <br /> move the equipment of any other non-rent paying tenants on the existing tower to the new tower at Global ' s <br /> expense. <br /> (c) The rent or license fees shall be paid by Global at the address set forth above on or before the fifth (5 `I') <br /> day of each calendar month in advance. Rent will be prorated for any partial month. The initial License fee <br /> payment will be forwarded by Global Tower to County within thirty (30) days from Commencement Date. <br /> 2 <br />
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