HomeMy WebLinkAbout2015-027CONSENT TO ASSIGNMENT, SALE AND ASSUMPTION OF LICENSE
THIS CONSENT TO ASSIGNMENT, SALE AND ASSUMPTION OF LICENSE
(Consent) is made and entered into this 17t1 -day of February , 2015 by Indian River
County, (County) a political subdivision of the State of Florida whose address is 1801 27th
Street, Vero Beach, FL 32960 for the benefit of Capstar Radio Operating Company, a
Delaware corporation; and iHeartMedia Tower Co. I LLC, a Delaware limited liability
company; and Vertical Bridge Acquisitions, LLC; who consent as follows:
WHEREAS, on May 7, 1996 the County entered into a License agreement
(License) with Media VI, a Florida Partnership for a 3.67 acre parcel of property which is
the site of a 200' radio tower; and
WHEREAS, on January 20, 2004, that License was assumed by Capstar Radio
Operating Company (Capstar), and extended an additional 20 years until October 27,
2022 with the consent of the County; and
WHEREAS, Capstar through its wholly owned iHeartMedia, Tower Co I LLC,
(iHeartMedia) entered into an agreement whereby iHeartMedia Tower Co. I, LLC will be
assigned certain tower assets, including the License, and iHeartMedia Tower Co. I, LLC
will subsequently be sold to Vertical Bridge Acquisitions, LLC or its affiliate (Vertical
Bridge); and
WHEREAS, the tower on Old Dixie Highway and real property described in Exhibit
"A" attached and incorporated herein, is on County owned property subject to the License
and this Consent; and
WHEREAS, the License states in paragraph 9. "Licensee (Media VI) may not
assign license without the prior approval of the Board of County Commissioner of Indian
River County. The Grantor (Board of County Commissioners) shall not unreasonably
withhold such approval."
NOW THEREFORE, in consideration of the premises and the mutual covenants
hereinafter set forth the parties agree as follows.
1. The above recitations are true and correct and incorporated herein
2. The Board County Commissioners of Indian River County hereby consents to the
assignment and assumption of lease assigning the License by Capstar to
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iHeartMedia Tower Co. I, LLC and consents to the sale of iHeartMedia Tower Co.
I, LLC to Vertical Bridge.
IN WITNESS WHEREOF, Indian River County has executed this Consent to
Assignment and Assumption of License as follows:
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA.
B
Wesley S. Davis, hairman
BCC Approved: February 17, 2015
ATTEST: Jeffrey R. Smith, Clerk of Court
and Comptroller
By:-
Deputy C erk
Approval as to form
and legal
ufficiency
William K. DeBraal
Deputy County Attorney
Approved:
IP" d / 1. I/ULM
l osep A. Baird
County Administrator
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From a point at intersection of the east right-of-way line of a 160 foot wide right-of-way
for Lateral "'J" Canal and the south right-of-way line of a 250 foot wide right-of-way for
the South Relief Canal of the Indian River Farms Water Management District:
Run Southeasterly on said east right-of-way of Lateral "J" Canal a distance of 600 feet to
Point of Beginning;
Said Point being in the southeast corner of the Southwest quarter Section 13, Township
33 South, Range 39 East Indian River County, Florida;
Thence run northeasterly on a line parallel to the South right-of-way line of the South
Relief Canal a distance of 400 feet to a point;
Thence run southeasterly on a line parallel to the east right-of-way line of Lateral "J"
Canal a distance of 400 feet to a point;
Thence run southwesterly on a line parallel to the south right-of-way line of the South
Relief Canal a distance of 400 feet to the intersection of the east right-of-way line of
Lateral "J" Canal;
Thence run northwesterly on said east right-of-way line of Lateral "J" Canal a distance
of 400 feet to said Point of Beginning.
Containing 3.67 acres more or less.
The Grantor further grants to Licensee an easement for ingress and egress.
to exist during the term of this License, as follows:
Running from the above described property northeast corner to Old Dixie Highway
being the 30 feet lying immediately easterly of said property northeast corner running a distance
of 200 feet easterly on a line 600 feet southeasterly of and parallel to south
right-of-way line of South Relief Canal to a Point;
Thence the 30 feet lying on a line 600 feet easterly of and parallel to the east right-of-way
line of Lateral "J" Canal running northerly a distance of 600 feet to a point;
Thence the 30 feet lying immediately southerly and parallel to the South right-of-way
line of the South Relief Canal running easterly to the intersection of Old Dixie Highway.