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X015 133 CERTIFICATION ON LAST PAGE
LICENSE AGREEMENT J.R. SMITH. CLERK
THIS LICENSE AGREEMENT ("License") is made and entered into effective as of the date of
execution by the last party to sign (the "Effective Date") by and between, Indian River County, a political
subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 (the "County"),
and T -Mobile South LLC, a Delaware limited liability company, whose address is 12920 SE 38th Street,
Bellevue, WA 98006 ("T -Mobile").
WHEREAS, the County owns certain real property known as Historic Dodgertown and more
particularly described or depicted in attached Exhibit 1 (the "Property"); and,
WHEREAS, Historic Dodgertown has several athletic fields (baseball, softball and
football/soccer/lacrosse) that are lighted by tall light towers; and
WHEREAS, T -Mobile has approached the County about replacing an existing light tower and placing
an array of antennae thereon; and
WHEREAS, the County recognizes the importance of having communication towers by having a
Comprehensive Long Range Tower Siting Report; and
WHEREAS, T -Mobile desires to License from County a certain portion of the Property, more
particularly described or depicted in attached Exhibit 2 (the "Premises"); and
WHEREAS, T -Mobile agrees to construct an array of antennae on one of the light towers at no cost to
the County.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree:
1. RIGHT TO LICENSE.
(a) County grants to T -Mobile the right to License a portion of the Property measuring approximately
0.0068 acres or Three Hundred (300) square feet as described on attached Exhibit 2, together with unrestricted
access for T -Mobile's uses from the nearest public right-of-way along the Property to the Premises as described
on the attached Exhibit 2 (collectively, the "Premises").
(b) From and after the date of this Agreement as set forth above for the time period set forth below (the
"Testing Period"), and at any time during the term of this Agreement, T -Mobile and its agents, engineers,
surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil
borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property
(collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or
deemed necessary or appropriate at T -Mobile's sole discretion for its use of the Premises and include, without
limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and
construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of
necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of T -Mobile , are
necessary in T -Mobile's sole discretion to determine the physical condition of the Property, the environmental
history of the Property, County's title to the Property and the feasibility or suitability of the Property for T -
Mobile's Permitted Use, all at T -Mobile's expense. T -Mobile will not be liable to County or any third party on
account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or
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ITH
condition is disclosed by T -Mobile's inspection. T -Mobile will restore the Property to'itR coin i'onLaii
ss 't existed
at the commencement of the Testing Period (as defined below), reasonable wear and tear and casualty not
caused by T -Mobile excepted. In addition, T -Mobile shall indemnify, defend and hold County harmless from
and against any and all injury, loss, damage or claims arising directly out of T -Mobile's Tests.
(c) Plans submitted by T -Mobile call for access easement to the light tower and the County agrees to grant,
by separate document if needed, an access easement to the Property.
(d) The Tests shall include an engineer's certification that the light tower and any antennae arrays to be
installed by T -Mobile shall meet current building code specifications and shall not compromise in any way any
manufacturer's warranty on the light tower.
2. TERM.
(a) This License shall commence on date T -Mobile begins installation at the site (the "Commencement
Date"), which shall be confirmed in writing from T -Mobile to County. Unless extended or sooner terminated
as herein provided, the initial term shall be ten (10) years following the Commencement Date ("Initial Term").
(b) T -Mobile shall have the option to extend the term of this License for four (4) successive additional
periods of 60 months (five years) each ("Renewal Term"). Each Renewal Term shall commence
automatically, unless T -Mobile delivers notice to County of its intent not to renew, such notice to be delivered
not less than thirty (30) days prior to the end of the then -current term.
(c) Upon expiration of this License, T -Mobile shall remove the light tower or transfer ownership of the light
tower to the County, at the County's option. If County elects to take ownership of the light tower, (i) T -Mobile
shall remove its equipment from the light tower, and (ii) County shall be solely responsible for all costs and
expenses relating to the repair, replacement, maintenance and operation of the light tower.
3. LICENSE FEE. T -Mobile shall pay license fee to County beginning at Commencement Date a monthly
fee payment that shall consist of the following:
(a) One thousand five hundred dollars ($1,500.00); and
(b) if applicable, a sum equal to thirty-five percent (35%) of the rent or any fees paid by any tenants,
licensees or sublicensees to T -Mobile.
(c) The rent or license fees shall be paid by T -Mobile at the address set forth above on or before the fifth
(5th) day of each calendar month in advance. Rent will be prorated for any partial month. The initial license fee
payment will be forwarded by T -Mobile to County within thirty (30) days after Commencement Date.
(d) During the Initial Term and any Renewal Terms, the monthly license fee shall be adjusted annually on
each anniversary of the Commencement Date to an amount equal to one hundred four percent (104%) of the
monthly license fee in effect immediately prior to the adjustment date.
4. TAXES. T -Mobile shall pay any personal property taxes assessed on, or any portion of such taxes
attributable to, the Communication Facilities (as defined below). County shall pay when due all real property
taxes and all other fees and assessments, if any, attributable to the Property and Premises. T -Mobile shall pay
as an additional license fee any increase in real property taxes levied against Premises, which are directly
attributable to T -Mobile's use of the Premises (but not, however, taxes attributable to periods prior to the
Commencement Date such as roll -back or greenbelt assessments) if County furnishes proof of such increase to
T -Mobile. In the event that County fails to pay when due any taxes affecting the Premises or the easement, T -
Mobile shall have the right but not the obligation to pay such taxes and deduct the full amount of the taxes paid
by T -Mobile on County's behalf from future installments of the license fee.
5. USE.
(a) The Premises are being licensed for the purpose of erecting, installing, operating and maintaining,
transmitting and receiving equipment, the light tower, antennas, dishes, mounting structures, buildings, and
related equipment (collectively, the "Communication Facilities"). Subject to prior approval and permitting by
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the County, T -Mobile may make any improvement, alteration or modification to the ?remises SMITH, long they
comply with the appropriate Federal, State and County laws, regulations, rules and codes and as are deemed
appropriate by T -Mobile. Notwithstanding anything to the contrary in this License, T -Mobile may change,
replace, add to or otherwise modify its ground-based Communication Facilities within the Premises without
County's consent.
(b) Subject to prior approval by the County and only for the duration of this License, County grants T -
Mobile a non-exclusive license in, over, across and through other real property owned by County as reasonably
required for construction, installation, maintenance, and operation of the Communication Facilities. T -Mobile
shall be entitled to sublicense the Premises, including any communications equipment located thereon, with
permission granted by the County but no such sublicense or license shall relieve T -Mobile from its obligations
under this License. At all times during the term of this License, T -Mobile, and its guests, agents, lessees,
licensees and assigns, together with the County and its agents shall have the unrestricted, exclusive right to use,
and shall have free access to, the Premises seven (7) days a week, twenty-four (24) hours a day. If at any time
during the term of this License, the Federal Aviation Administration, Federal Communications Commission, or
other governmental agency changes its regulations and requirements, or otherwise takes any action, the result of
which inhibits T -Mobile's use the Premises, or any communications tower located thereon, for the purposes
originally intended by T -Mobile, or if technological changes render T -Mobile's intended use of the Premises
obsolete or impractical, or if T -Mobile otherwise determines, in its sole and absolute discretion, with or without
cause, that the Premises is no longer suitable or desirable for T -Mobile's intended use and/or purposes, T -
Mobile shall have the right to terminate this License upon ninety (90). days written notice to County.
6. ACCESS AND UTILITIES. County for itself, its successors and assigns, hereby grants and conveys unto
T -Mobile, its customers, employees, agents, invitees, successors and assigns a nonexclusive license for ingress
and egress, as well as for the construction, installation, operation and maintenance of underground electric and
other utility facilities (including wires, conduits and appurtenant equipment), with the right to reconstruct,
improve, add to, enlarge, change and remove such facilities, over, across and through any easement for the
benefit of and access to the Premises, subject to the terms and conditions herein set forth and subject to prior
approval and permitting by the County. Subject to prior notice and approval by the County, the rights granted to
T -Mobile herein shall also include the right to partially assign its rights hereunder to any public or private utility
company or authority to facilitate the uses contemplated herein, and all other rights and privileges reasonably
necessary for T -Mobile's safe and efficient use and enjoyment of the easement for the purposes described
above. Each tenant on the light tower shall be responsible for obtaining its own utility meter or sub -meter and
paying their own utility costs.
7. EQUIPMENT, FIXTURES AND SIGNS. Except for equipment owned by the County or its agents, all
improvements, equipment or other property attached to or otherwise brought onto the Premises shall at all times
be the personal property of T -Mobile and/or its sub -licensees. Subject to prior approval and permitting by the
County, T -Mobile shall have the right to erect, install, maintain, and operate on the Premises such equipment,
structures, fixtures, signs, and personal property as T -Mobile may deem necessary or appropriate, and such
property, including the equipment, structures, fixtures, signs, and personal property currently on the Premises,
shall not be deemed to be part of the Premises, but shall remain the property of T -Mobile. Within a reasonable
time after termination hereof, T -Mobile or its customers shall have the obligation to remove their equipment,
structures, fixtures, signs, and personal property from the Premises.
8. ASSIGNMENT.
(a) T -Mobile may assign this License with prior notice and approval by the County, not to be unreasonably
withheld conditioned or delayed. After delivery by T -Mobile to County of an instrument of assumption by an
assignee that assumes all of the obligations of T -Mobile under this License, T -Mobile will be relieved of all
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liability hereunder. County may assign this License, in whole or in part, to any per4till 0411thiAMwho or
which acquires fee title to the Premises and/or (b) who or which agrees to be subject to and bound by all
provisions of this License. Except for the foregoing, assignment of this License by County must be approved
by T -Mobile, in T -Mobile's sole discretion. Notwithstanding anything to the contrary herein, Licensee may
assign or otherwise transfer its interest in the License to an affiliated entity or to any entity with which it may
merge, consolidate or enter an asset or stock purchase agreement with.
9. WARRANTIES AND REPRESENTATIONS.
(a) County warrants and represents that it is the owner in fee simple of the Property, free and clear of all
liens and encumbrances except as to those which may have been disclosed to T -Mobile, in writing prior to the
execution hereof, and that it alone has full right to license the Premises for the term set out herein. County
further represents and warrants that T -Mobile, on paying the license fees and performing its obligations
hereunder, shall peaceably and quietly hold and enjoy the Premises for the term of this License.
(b) County does hereby authorize T -Mobile and its employees, representatives, agents and consultants to
prepare, execute, submit, file and present on behalf of County building, permitting, zoning or land -use
applications with the appropriate local, state and/or federal agencies necessary to obtain land use changes,
special exceptions, zoning variances, conditional use permits, special use permits, administrative permits,
construction permits, operation permits and/or building permits. County understands that any such applications
and/or the satisfaction of any requirements thereof may require County's cooperation, which County hereby
agrees to provide.
(c) County shall not do or permit anything that will interfere with or negate any special use permit or
approval pertaining to the Premises or cause any tower on the Premises to be in nonconformance with
applicable local, state, or federal laws. County shall cooperate with T -Mobile in any effort by T -Mobile to
obtain certificates, permits, licenses and other approvals that may be required by any governmental authorities.
County agrees to execute any necessary applications, consents or other documents as may be reasonably
necessary for T -Mobile to apply for and obtain the proper zoning approvals required to use and maintain the
Premises and the tower site.
(d) County has complied with all, and will continue to comply with environmental, health, and safety laws
with respect to the Premises, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim,
demand, or notice has been filed or commenced against County or regarding the Premises alleging any failure to
so comply. Without limiting the generality of the preceding sentence, County and the Premises are in
compliance with all environmental, health, and safety laws. No asbestos -containing thermal insulation or
products containing PCB, formaldehyde, chlordane, or heptachlor or other hazardous materials have been
placed on or in the Premises by County or, to the knowledge of County, by any prior owner or user of the
Premises. To the knowledge of County, there has been no release of or contamination by hazardous materials
on the Premises.
(e) All utilities required for the operation of the T -Mobile's improvements must enter the Premises through
adjoining public streets or, if they pass through an adjoining private tract, do so in accordance with valid public
easements. All utilities are installed and operating and all installation and connection charges have been paid in
full.
(f) County has no knowledge of any fact or condition that could result in the termination or reduction of the
current access from the Premises to existing highways and roads, or to sewer or other utility services serving the
Premises. The Premises abuts on and has direct vehicular access to a public road, or has access to a public road
via a permanent, irrevocable, appurtenant easement benefiting the parcel of real property, and access to the
property is provided by paved public right-of-way with adequate curb cuts available.
(g) With respect to the Premises, except as disclosed in writing to T -Mobile prior to the execution hereof
and except for the leases with the County's existing tenants: there currently exist no licenses, sublicenses, or
other agreements, written or oral, granting to any party or parties the right of use or occupancy of any portion of
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the of Premises; there are no outstanding options or rights of first refusal to purcha0eRtIVAITMAIIKor any
portion thereof or interest therein; and there are no parties (other than County) in possession of the Premises.
(i) It is intended that the legal description of the Premises accurately reflect an "as -built" survey of the light
tower and accordingly the parties agree that, if any part of such tower, buildings, roadways or utilities related to
the light tower located on the Premises is located beyond the legal description of the Premises or any easements
specified in the License, the License is hereby amended to provide that the Premises includes the existing
location of any such improvements as part of the Premises demised in the License, to the extent that such
improvements are located on real property owned by County.
(h) To the extent allowed by law, the County hereby agrees to indemnify, defend, and hold harmless T -
Mobile and its officers, directors, shareholders, agents, and attorneys for, from, and against all damages asserted
against or incurred by any of them by reason of or resulting from a breach by County of any representation,
warranty, or covenant of County contained herein or in any agreement executed pursuant hereto.
10. HOLD OVER TENANCY. Should T -Mobile or any assignee, sub -licensee of T -Mobile hold over the
Premises or any part thereof after the expiration of the term set forth herein, such holdover shall constitute and
be construed as a tenancy from month-to-month only, but otherwise upon the same terms and conditions.
11. INDEMNITIES. To the extent allowed by law, the parties agree to indemnify, defend and hold
harmless the other party, its parent company or other affiliates, successors, assigns, officers, directors,
shareholders, agents and employees (collectively, "Indemnified Party"), from and against all claims and
liabilities (including reasonable attorneys' and fees court costs) caused by or arising out of (i) the indemnifying
party's breach of any of its obligations, covenants, or warranties contained herein, or (ii) such party's acts or
omissions with regard to the License. However, in the event of an Indemnified Party's contributory negligence
or other fault, the Indemnified Party shall not be indemnified hereunder to the extent that the Indemnified
Party's negligence or other fault caused such claim or liability.
12. INSURANCE.
(a) T -Mobile shall insure against property damage and bodily injury arising by reason of occurrences
on or about the Premises in the amount of not less than $1,000,000. The insurance coverage provided for herein
may be maintained pursuant to master policies of insurance covering other tower locations of T -Mobile and its
corporate affiliates. All insurance policies required to be maintained by T -Mobile hereunder shall be with
responsible insurance companies, authorized to do business in the state where the Premises are located if
required by law, and shall provide for cancellation only upon 10 days' prior written notice to County. T -Mobile
shall provide County certificates of such insurance.
(b) County is self-insured and warrants it carries sufficient general property fire, hazard and casualty
insurance appropriate for County's improvements on County's Property, and in such amounts to cause the
replacement/restoration of the Property (excluding T -Mobile's improvements and personal property) in the
event of casualty. However, County is under no duty to insure or protect any other entities equipment or
improvements damaged by storm, hurricane, lightning, flood or other weather events and acts of God.
13. INTERFERENCE. During the term of this License, County, its successors and assigns, will not grant any
ground lease, license, or easement with respect to any property adjacent to the Premises: (a) for any of the uses
contemplated in paragraph 5 herein; or (b) if such lease, license, or easement would detrimentally impact T -
Mobile's Communications Facilities, or the use thereof.
14. RIGHT OF FIRST REFUSAL. If during the term of this License, as might be renewed or extended the
County shall have received a bona fide arm's length offer to purchase the Premises from any third party, the
County shall serve a notice (the "Transfer Notice") upon T -Mobile. The Transfer Notice shall set forth the
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exact terms of the offer so received, together with a copy of such offer, and shall stdit•ttnithe County
to sell the Premises on such terms and conditions. Thereafter, the T -Mobile shall have the right and option to
purchase the Premises at the price and upon the terms and conditions specified in the offer (the "Offer"). If the
T -Mobile desires to exercise its option, it shall give notice (the "Counter Notice") to that effect to the County
within thirty (30) days after receipt of the Transfer Notice. The closing of the purchase and sale of the Premises
pursuant to this option shall occur at the time set forth in the Offer, provided that T -Mobile shall not be required
to close before the 15th day following the date of the Counter Notice. T -Mobile's failure to give a timely
Counter Notice (or its notice of refusal to purchase) shall be deemed a waiver of its rights to exercise its right of
first refusal to accept the Offer but shall not be deemed a waiver of its right of first refusal with respect to any
modification to the Offer or any future Offers.
15. SECURITY. The parties recognize and agree that T -Mobile shall have the right to safeguard and protect its
improvements located upon or within the Premises. Consequently, T -Mobile may elect, at its expense, to
construct such enclosures and/or fences as T -Mobile reasonably determines to be necessary to secure its
improvements, including the tower(s), building(s), guy anchors, and related improvements situated upon the
Premises subject to prior approval and permitting by the County. T -Mobile may also undertake any other
appropriate means to restrict access to its communications buildings and related improvements subject to prior
approval and permitting by the County. Whenever County's approval or consent is required under this License,
it shall not be unreasonably withheld, conditioned or delayed.
16. FORCE MAJEURE. The time for performance by County or T -Mobile of any term, provision, or
covenant of this License shall be deemed extended by time lost due to delays resulting from acts of God, strikes,
civil riots, floods, material or labor restrictions by governmental authority, and any other cause not within the
control of County or T -Mobile, as the case may be.
17. DEFAULT. The failure of T -Mobile or County to perform any of the covenants of this License shall
constitute a default. The non -defaulting party shall give the other written notice of such default, and the
defaulting party shall cure such default within thirty (30) days after receipt of such notice. In the event any such
default cannot reasonably be cured within such thirty (30) day period, if the defaulting party shall proceed
promptly after the receipt of such notice to cure such default, and shall pursue curing such default with due
diligence, the time for curing shall be extended for such period of time as may be necessary to complete such
curing, however, in no event shall this extension of time be in excess of sixty (60) days, unless agreed upon by
the non -defaulting party.
18. REMEDIES. Should the defaulting party fail to cure a default under this License, the other party shall
have all remedies available either at law or in equity, including the right to terminate this License. In the event
County elects to terminate this License due to a default by T -Mobile, it shall continue to honor all sublicense
commitments made by T -Mobile through the expiration of the term of any such commitment, it being intended
hereby that each such commitment shall survive the early termination of this License.
19. ATTORNEY'S FEES. If there is any legal proceeding between County or T -Mobile arising from or based
on this License, each party shall pay their own costs and expenses, including attorney's fees.
20. PRIOR AGREEMENTS. The parties hereby covenant, recognize and agree that the terms and provisions
of this License shall constitute the sole embodiment of the arrangement between the parties with regard to the
Premises, and that all other written or unwritten agreements, contracts, or Licenses by and between the parties
with regard to the Premises are hereby terminated, superseded and replaced by the terms hereof. The terms of
this paragraph do not apply to existing agreements the County may have with other entities other than T -
Mobile.
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J.R. SMITH, CLERK
21. LENDER'S CONTINUATION RIGHTS. County agrees to recognize the leases/licenses of all sub -
licensees and will permit each of them to remain in occupancy of its premises notwithstanding any default
hereunder by T -Mobile so long as each such respective sub -licensee is not in default under the lease license
covering its premises. County agrees to execute such documents as any such sub -licensee might reasonably
require, including customary subordination, non -disturbance and attornment agreements and/or County
recognition agreements, to further memorialize the foregoing, and further agrees to use reasonable efforts to
also cause its lenders to similarly acknowledge, in writing, sub -licensee's right to continue to occupy its
premises as provided above.
County consents to the granting by T -Mobile of a lien and security interest in T -Mobile's interest in the License
and all of T -Mobile's personal property and fixtures attached to the real property described herein, and
furthermore consents to the exercise by T -Mobile's mortgagee of its rights of foreclosure with respect to its lien
and security interest. County agrees to recognize T -Mobile's lender as T -Mobile hereunder upon any such
exercise by lender of its rights of foreclosure. T -Mobile agrees that no lien or mortgage will attach to the light
tower and real property under this license as County owned real estate cannot become subject to a lien by law.
25. ADDITIONAL PROVISIONS.
This License shall have priority over all liens and encumbrances on the fee estate of the County in
the Premises or any improvements thereon, including mortgages on the fee estate which were executed prior to
the execution of this License.
The County shall have the right to construct such buildings on the Property as the County may desire
provided the buildings do not interfere with T -Mobiles use and quiet enjoyment of its Premises and
Communication Facilities.
26. NOTICES. All notices, requests, claims, demands, and other communications hereunder shall be in
writing and may be hand delivered (provided the deliverer provides proof of delivery) or sent by
nationally -established overnight courier that provides proof of delivery, or certified or registered mail (postage
prepaid, return receipt requested). Notice shall be deemed received on the date of delivery as demonstrated by
the receipt of delivery. Notices shall be delivered to a parties at the address below, or to such other address that
a party below may provide from time to time:
If to County: If to T -Mobile:
Office of the County
Attorney
1801 27th Avenue
Vero Beach, FL 32960
28. MISCELLANEOUS.
T -Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Property Management
Site # A2P0151A
(a) Each party hereto warrants and represents that it has the necessary power and authority to enter into and
perform its respective obligations under this License.
(b) If any term of this License is found to be void or invalid, such invalidity shall not affect the remaining
terms of this License, which shall continue in full force and effect.
(c) All attached exhibits are hereby incorporated by this reference as if fully set forth herein.
(d) Failure of party to insist on strict performance of any of the conditions or provisions of this License, or
failure to exercise any of a party's rights hereunder, shall not waive such rights.
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J R. SMITI CLERK
(e) This License shall be governed by and construed in accordance with the laws of the State Honda, Indian
River County.
(f) This License constitutes the entire agreement and understanding of the. parties and supersedes all offers,
negotiations and other agreements with regard to the Premises. There are no representations or understandings
of any kind not set forth herein. Any amendment to this License must be in writing and executed by both
parties.
(g) This License shall be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, legal representatives, successors and assigns.
(h) A short-form memorandum of this License may be recorded at County or T-Mobile's option in the form
as depicted in Exhibit 3 attached hereto.
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J.R. SQMTM, CLERK
IN WITNESS WHEREOF, the parties hereto have executed this License as of the Effective Date.
T -Mobile South LLC BOARD OF COUNTY COMMISSIONERS
A Delaware Limited Liability Company INDIANA RIVER COUNTY, FLORIDA
BY:
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WITNESS: t ,
1..N... f . ? . moo` 1 Approved:
o�,R cout :•••'��
BY:
Wesley S. Davis, Chairman
BCC Approved:
WITNESS:
9
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septi • c� . Baird
.l
.
July 7, 2015
ounty Administrator
Attest: Jeffrey R. Smith, Clerk of Court
And Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency
William K. DeBraal
Deputy County Attorney
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SMITH, CLERK
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Return to:
T -Mobile South , LLC
12920 SE 38th Street
Bellvue, WA 98006
Site Name:
Site Number.
EXHIBIT 3
FORM OF MEMORANDUM OF LICENSE
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J.R. SMITH, CLERK
This Memorandum of License evidences a License ("License") between Indian River County
("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960 and T -Mobile South LLC, a
Delaware limited liability company, whose address is 12920 SE 38th Street, Bellevue, WA 98006 ("T -
Mobile"), commencing on date T -Mobile begins construction at the site (the "Commencement Date"), which
shall be confirmed in writing from T -Mobile to County, for certain real property (the "Premises"), as described
in Exhibit 1 attached hereto.
County ratifies, restates and confirms the License and hereby licenses to T -Mobile the Premises, subject
to the terms and conditions of the License. The License provides for the License by the County to T -Mobile of
the Premises for an initial term of Ten (10) years with Four (4) renewal option(s) of an additional Five (5) years
each, and further provides:
1. The Premises may be used exclusively by T -Mobile and the County for all legal purposes, including
without limitation, erecting, installing, operating and maintaining radio and communications antennae arrays,
buildings, and equipment;
2. T -Mobile is entitled to sublicense the Premises.
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J.R. SMITH, CLERK
IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM OF LICENSE as of the date
last signed by a party hereto.
T -Mobile South LLC
A Delaware Limited Liability Company
BY:
WITNESS:
WITNESS:
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13
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
&ft.
!fe ey Chairman
BCC Approved: July 7, 2015
Approved:
By
4(3-2
seph ; . Baird
ounty Administrator
Attest: Jeffrey R. Smith, Clerk of Court
And Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency
William K. DeBraal
Deputy County Attorney
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2015,
by , the of T -Mobile South LLC, a Delaware limited
liability company, on behalf of the company, who is personally known to me.
WITNESS my hand and Official Seal at office this _ day of
My Commission Expires:
, 2015.
Notary Public
14
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
J FFREY R. S ITH, CLERK
BY D.0
DATE