Loading...
HomeMy WebLinkAbout2011-228C Z AFTER RECORDING , RETURN ( MAIL) TO . Crown Castle 1220 Augusta, Suite 500 Houston , Texas 77057 PREPARED OUT-OF-STATE BY : David F . Webber Singleton Cooksey PLLC Attorneys at Law 6363 Woodway , Suite 600 Houston, Texas 77057 Tax Parcel No . 33 -39 - 13 - 00000 Cross References : Book 1214 , Page 2579 Official Public Records of Indian River County , Florida MEMORANDUM OF THIRD AMENDMENT TO LICENSE THIS MEMORANDUM OF THIRD AMENDMENT TO LICENSE (the "Memorandum") , dated as of the latter of the signature dates below (the "Effective Date") , by and between INDIAN RIVER COUNTY BOARD OF COMMISSIONERS , having a mailing address of 1800 27`" Street, Vero Beach, Florida 32960 ("Licensor") , and PINNACLE TOWERS LLC , a Delaware limited liability company , formerly known as Pinnacle Towers Inc . prior to a State of Delaware conversion on April 7 , 2004 ("Licensee") . WITNESSETH : WHEREAS , Licensor and Sandab Communications Limited Partnership 11 , a Delaware limited partnership (" SandabI ') entered into that certain License dated March 17 , 1992 (the " Original License Agreement") for the nonexclusive license to use certain real property consisting of approximately 48 , 100 square feet in Vero Beach, Indian River County , Florida, together with access and utility easements appurtenant thereto (the " Licensed Premises") , as more particularly described in the Original License Agreement which is recorded at Official Records Book 1214 , Page 2579 of the Official Public Records of Indian River County , Florida ; and Site Name : Vero Beach ( Old Dixie Hwy) 1 BU # : 870578 and 870579 "100,, WHEREAS , the Original License Agreement was amended by that certain Amendment dated June 22 , 1993 ("First Amendment") by and between Licensor and Sandab ; and WHEREAS , the Original License Agreement was further amended by that certain Second Amendment to License dated June 6 , 2006 (" Second Amendment") by and between Pinnacle Towers LLC , successor in interest to Pinnacle Towers , Inc . by way of a Delaware conversion , assignee to Sandab and Licensor (the Original License Agreement, First Amendment and Second Amendment shall be collectively referred to herein as the " License Agreement") ; and WHEREAS , Licensor and Licensee entered into that certain Third Amendment to License dated as of the day hereof (the "Amendment") , in order to , among other things , extend the term of the License Agreement, all upon the terms and conditions more fully set forth therein . NOW THEREFORE , for the mutual covenants and premises herein , and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged , the undersigned parties , intending to be bound , agreed in the Amendment as follows : 1 . Recitals . The foregoing recitals are true and correct and are hereby made a part hereof for all purposes . 2 . Defined Terms . Capitalized terms not otherwise defined herein shall have the meanings set forth in the Amendment and/or the License Agreement, as applicable . 3 . Term Commencement Date . The parties ratified and affirmed in the Amendment that the commencement date for the term of the License Agreement was June 22 , 1993 . 4 , Term . The License Agreement was modified in the Amendment to provide for a term of forty-five (45 ) years (the final such term , unless the License Agreement is terminated sooner, will expire June 21 , 2038 ) , upon the terms and conditions set forth in the License Agreement (as amended) . 5 . Right of First Refusal . The License Agreement was modified in the Amendment to grant Licensee the right of first refusal to purchase all or a portion of the Licensed Premises under the terms and conditions set forth in the License Agreement . 6 . No Other Amendments . Except as expressly modified by the Amendment , the License Agreement remains unchanged and in full force and effect . T License Agreement Controls . This Memorandum summarizes , for purposes of the public record , certain rights granted to Licensee in the License Agreement by virtue of the Amendment, and this Memorandum does not and it should not be interpreted to amend , amplify or diminish any of the terms and provisions contained in the License Agreement (as amended) . The parties agree and intend that the terms and provisions contained in the License Agreement (as amended) shall control in the event of any conflict between any sentence contained in this Memorandum and the terms and provisions contained in the License Agreement ( as amended) . Site Name : Vero Beach ( Old Dixie Hwy) 2 BU# : 870578 and 870579 8 . Counterparts . This Memorandum may be executed in counterparts , all of which together shall constitute one agreement binding on all the parties hereto , notwithstanding that all such parties are not signatories to the original or same counterpart . 9 . Recordation . Licensee , at its cost and expense , shall have the right to record this Memorandum in the public records of Indian River County , Florida, upon the terms and conditions set forth in the Amendment . [ REMAINDER OF PAGE LEFT BLANK INTENTIONALLY ; SIGNATURE PAGES BEGIN ON FOLLOWING PAGE ] Site Name : Vero Beach (Old Dixie Hwy) 3 BU # : 870578 and 870579 IN WITNESS WHEREOF , Licensor and Licensee have duly executed this Memorandum to be effective as of the Effective Date . Signed, sealed and delivered in the LICENSOR : presence of: INDIAN RIVER COUNTY BOARD OF COMMISSIONERS Print NameOIYAate� e%I✓ �� LGzS '. � . ' is / \ (; t�C By : �,0 •M//MII // Yfnuy Name : Bob Solari J .••401 S1019F.. ., Print Name : ( � � � � FIS Y�Title : Chairman ;'�� • s ". y Date : Novpmhpr 8 , 2011 ° J * ' f s . APPROVED AS TO FOR " AND LEGAL SUFFI � STATE OF F ] ori da " '' niq ' t3Y ''� RniER Cflv .• ss WILLIAM K. DESW ! COUNTY OF Ind ian River i7EFUTYCouNTYATTUFr � Er The foregoing Memorandum of Third Amendment to License was acknowledged before me this 8th day of November 2011 , by Bob Solari as the Chairman of INDIAN RIVER COUNTY BOARD OF COMMISSIONERS , for and on behalf of said entity and for the consideration , intent and purposes set forth in the foregoing Memorandum of Third Amendment to License . He/She is personally known to me or has produced ification . In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses , on the date set forth above . Signature of Notary Public Printed Name of Notary Public : My Commission Expires : [ Sea] ] IJC+ © bO r L o oaY Pik TERM COLLI 6439TER j 'MN4 • ' * MY COMMISSION # EE 012487 * EXPIRES : October 30 , 2014 J ,lE� BgldBd ThN W10 *Wry W" Site Name : Vero Beach (Old Dixie Hwy) 4 BU # : 870578 and 870579 Signed , sealed and delivered in the LICENSEE : presence of: "Xlur PINNACLE TOWERS LLC , a Delaware limited liability company , Print Name : 14ARt&N LA(IS - n formerly known as Pinnacle Towers Inc . , a Delaware corporation By : Name : a`ad. errs: ` Print Name : I� y-r�/ �I�Jt0cr�r Title : Date : �-, W STATE OF S li ss COUNTY OF The foregoing Wmor ndum of Third Amendment to Lice se va acknowledged before me thisXUV day of 20115 by 1 as the �1C, tr of PINNACLE TOWS PS LLC , a Del are limited liability company, formerlyinown as Pinnacle Towers Inc . , a Delaware corporation , for and on behalf of said entity and for the consideration , intent nd purposes set forth in the foregoing Memorandum of Third Amendment to License . he personally known to me ^o; � lured __AsJd ifration . In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses , on the date set forth above . Signature of Notar u lic r c� Printed Name of T otary Public : My Commission Ex fires : [ Seal ] Y',.0 ayn�,�,r+,� I� 0Ft6' K,ARlb AANO NoterratUofiTexas gA mycemmiseion2x �tes Seotembpr 19. 2012 Site Name : Vero Beach (Old Dixie Hwy) 5 BU # : 870578 and 870579