HomeMy WebLinkAbout2016-190 Re: Cell Site Name: TC West Vero
Fixed Asset Number: 10032101
State: Florida
County: Indian River
AMENDED AND RESTATED MEMORANDUM
OF
LICENSE AGREEMENT
This Amended and Restated Memorandum of License Agreement of the Elevated Water Tank
Space License Agreement is dated as of 15thday of November , 2016, and is between
Indian River County, a political subdivision of the State of Florida ("Licensor") and New
Cingular Wireless PCS, LLC, a Delaware limited liability company successor by merger to
BellSouth Mobility LLC, a Georgia limited liability company, having a mailing address of 575
Morosgo Drive, Atlanta, GA 30324 ("Licensee").
1. Licensor and Licensee entered into a certain Elevated Water Tank Space License
Agreement dated March 23, 2004, as amended by that certain First Amendment to
Elevated Water Tank\ Space License Agreement dated September 10, 2013, Second
Amendment dated O\ ober 20, 2015, and Third Amendment dated November 15_,
2016, for the purpose of installing, operating and maintaining a communications facility
and other improvements as described in Exhibit G attached hereto and made a part
hereof, together with the improvements thereon ("Premises") and (ii) a Memorandum of
License Agreement ("Memorandum") dated as of June 1, 2004 and filed for record on
June 8, 2004, in the Official Records of Indian River County, Florida at Instrument No.
1549608, Book 1742, Page 2186 (the "Memorandum") which Memorandum provides
record notice of the License Agreement as it applies to the Premises. It is the intention of
the Licensor and Licensee to amend and restate the previous Memorandum of License
Agreement dated June 1, 2004.
2. The initial lease term under the Agreement commenced on March 23, 2004 and
expired on March 22, 2009, with three (3) additional five (5) year renewal terms, the first
term of which Licensee has already exercised.
-- 1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
day and year first above written.
Witnesses: Licensee:
NEW CINGULAR WIRELESS PCS,LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
9114— Its: Manager
By:
Print ame AMY M, Meek
By: "
Print name: w..,.;aaLja
Its: Area Mar*W
K�nt NamDate:
2
STATE OF
COUNTY OF VG Aj i)
On the day of Ne�E� , 2016, before me, a Notary Public, personally
appeared )wq G lel. , as of AT&T
Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited
liability coqrny, "Licensee," who executed the foregoing instrument on behalf of said entity.
Said person s personally known to me, or 0 produced to me satisfactory evidence in the form
of , to be the individual whose name is subscribed to
the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her)
capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on
behalf of which the individual acted, executed the instrument.
WITNESS my hand and official seal in the state and cou last aforesaid.
[Affix Seal]
=opar"ty� Notary Public State of Florida
Amy M Meek Notaryllub i tate of k.WA PA
,per MyCommission FF 110755 print name. Am M. Meek
'?�fid" Expires 0410812018
Serial number: 1%(I�"IS
My commission expires: 44-19
•�yGpti1M13Sj.A�••
•J
Licensor: car' •;*';
ATTEST: Jeffrey R. Smith, Clerk of Cou INDIAN RIVER COUNTY i 4$0
and Co troller COUNTY COMMISSIONEA .
? Q
o;
e•
•., •• •fig•.
By: By: .+
Dep u lerk Bob Solari, airman
• Approved by BCC: November 15 , 2016.
Approved: Approved as to form and legal sufficiency:
Jason E ro n,County dministrator D . Reingold, County Attorney
3
EXHIBIT G
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EXISTING LANDSCAPING(ttP.) g1Aw er. a[g1D)zr.
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IN
IS IgM0001 MTY%)r M[MNIIOI
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MIOrOIm AT&T CABLES
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I �' \ --------- � ----------- - EXISTING UNDERGROUND CABLES rxnrrxn n wrrxrmrinrxl,vn+
TA
EXISTING 155'3 WATER TOWER EXISTING MAN GATE
ETROPCS
EXISTING 6'HqH CHNN-UNN-� I /,u�``- •�•� � �� _ I -......-. EWUPIPMENM CABINET ON � /^�
FENCE ) y I CONCRETE PAD(TYP.01 J) MtJAS
Mt
1 /� [XWWG AT&T GPS
w �• i I ANTFNNA(n'T'.OT 2)
I
EXISTING UTILITY H-FRAME- / ( --._ EXISTING MFRAME S
(AT GROUND LEVEL) UTILITY H-FRAME
----EXISTING AT&T COAX
BRIDCF(TW OF 2) A
SI8'I'm X t'rl' �;r •V X•C'e M dAp•<�;
CHAIN-LINK
FENCE
ENCE w/ / 4 •.i
J-STRAND BARBED WIRE
tiEXISTING AT&T GPS No.b8312 ••q
(TYP.OF 2) �.•
" \ _ / EXISTING W
A'.
I I ATAT O'. STATL OF :W
E SHELTER
EXISTING PUMP STATION ARU--Tt-y ®
SHELTER .• �i�`S �O R 1 0• (2��
BONA L o,
' EXISTING AT&T UnLTTY H-FRAME cx•n mane
x x .__..,-.._....�.EXISTINC ACCESS GATE WESTVERO
I '
<,. _-.----.-E%IS11NC HANDMOLE
EXISTING 20' O ---------
E ACCESS GATE - --- ---� WWl TAI.ELA LIMA
I' _--- - EXISTING BOLLARD(TYP OF 2) lHw NAME
EXISTING UH11TY Poll COMPOUND PLAN
W/TRANSFORMERS
CONTRACTOR SHALL REMOVE EXISTING UNUSED COAX AS \ RIQT NBXE01
NEEDED TO CREATE SPACE FOR PROPOSED CABLES.
COMPOUND PIAN ® C2