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Home My WebLink About2015-177Lessee Site Name: IRC EMS Station Lessee Site Number: 62715 A TRUE COPY CERTIFICATION ON LAST PAGE J.R SMITH, CLERK FIRST AMENDMENT TO TOWER AND GROUND SPACE LEASE This First Amendment to Tower and Ground Space Lease (the "Amendment") is made this 15th day of spptember , 2015, between Indian River County, a political subdivision of the State of Florida, by and through its Board of County Commissioners ("Lessor"), and Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless ("Lessee"). Lessor and Lessee are at times collectively referred to herein as the "Parties," or individually as the "Party." RECITALS: WHEREAS, Lessor and Lessee's predecessor in interest entered into a certain Tower and Ground Space Lease, dated August 5, 1997 (the "Lease"), as evidenced by a Memorandum of Tower Space Lease, dated August 5, 1997 (the "Memorandum"), recorded in Official Records Book 1207, Page 851, in the Public Records of Indian River County, Florida. WHEREAS, under the terms of the Lease, Lessor granted to Lessee an easement for ingress and egress (the "Access Easement") from the public right-of-way to the demised premises in a location more specifically described in the Memorandum (the "Original Access Easement Area"). WHEREAS, the Parties desire to relocate the Access Easement from the Original Access Easement Area to the Relocated Access Easement Area (defined below) as more particularly set forth in this Amendment. NOW, THEREFORE, in consideration of the promises hereinafter made and other good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, the Parties agree as follows: 1. Recitals; Definitions. The Parties stipulate and agree that all recitals contained above are true and accurate and herein incorporated into this Amendment. All capitalized terms in this Amendment, not otherwise defined in this Amendment, shall have the meaning ascribed to them in the Lease. 2. Grant of Relocated Access Easement. Lessor hereby grants, bargains, sells, and releases unto Lessee, its successors and assigns, a nonexclusive easement for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot and motor vehicle, including trucks, over or along a portion of the property owned by Lessor (the "Relocated Access Easement Area") which Relocated Access Easement Area is more particularly described in Exhibit A attached hereto and made a part hereof 3. Release of Access Easement in Original Access Easement Area. Lessee releases unto Lessor the Access Easement in the Original Access Easement Area, without, however, releasing any rights granted to Lessee under Section 2 of this Amendment. 4. Successors and Assigns. The terms of this Amendment shall be binding on and shall inure to the benefit of Lessee and its successors, assigns, and tenants, but the foregoing shall not be deemed a waiver of any of the rights under the Lease. 5. Miscellaneous. To the extent there is any discrepancy between the Lease and this Amendment, this Amendment shall control. Except as amended by the terms of this Amendment, all of the terms, covenants and conditions of the Lease, and the rights and obligations of the Lessor and Lessee thereunder shall remain in full force and effect and hereby are ratified and affirmed. Lessor affirms that no breach or default by either Party has occurred, and no event has occurred which after the giving of 1 Lessee Site Name: IRC EMS Station Lessee Site Number: 62715 A TRUE COPY CERTIFICATION ON LAST PAOE J.R. SMITH, CLERK notice or the passage of time, or both, would constitute such a breach or default, under the Lease and that it currently has no claims or offsets thereunder. Each Party warrants to the other Party that the person or persons executing this Amendment on behalf of such Party have the full right, power and authority to enter into and execute the Amendment on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Amendment. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals as of the day and year written below. Attest: Jeffrey R. Smith, Clerk of Co And Comptrolle B Deputy Clerk Approved: By' �County seph A. )Baird Administrator P WITNESSES: Name: Name: "LESSOR" Indian River County, a political subdivision of the State of Florida, by and through its Board of Count...— •;.''••,,• Commissioners .•••5' . ••, ry...01 .. -� .. 0...I di Wesley S. Davis, Chairman `;oma: SPptembPr 1 ;' 2.Q itoiDt;.. ' Date approved by BCC: Approved as to form and legal sufficiency: C). William K. DeBraal Deputy County Attorney "LESSEE" Verizon Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless By: Name: Aparna Khurjekar Title: Area Vice President Network Date: C EXHIBIT "A" A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 'DESCRIPTION OF.A 20110.FEET WIDEINGRESS AND EGRESS ACCESS EASEMENT A 20.00'FEET'WIDE EASEMENT FOR INGRESS AND EGRESS ACCESS SITUATED IN PART OF THE SOUTHEAST ONE-OUARTER OF $ECT)ON.2. TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE.RIGHT OF WAY INTERSECTION. AS IT NOW EXISTS, OF THE SOUTH RIGHT OF WAY UNE OF A 60.00 FEET WIDE RIGHT'OF WAY FOR ST'.FRANCIS MANOR DRIVE AND THE EAST RIGHT OF WAY UNE OF A 80.00 FEET WIDE RIGHT OF WAY FOR 20TH AVENUE, SAID POINT OF COMMENCEMENT ALSO BEING THE NORTHWEST CORNER OF 'ST. FRANCIS MANOR OF VERO BEACH' COMPLEX, RUN SOUTH 00'05'14" WEST ALONG SAID EAST RIGHT OF WAY LINE OF 20TH AVENUE A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN'DESCRIBEDACCESS EASEMENT, SAID POINT OF BEGINNING BEING 45.00 FEET NORTHERLY Of THE SOUTHWEST CORNER OF THE AFORESAID "ST FRANCIS MANOR OF VERO BEACH" COMPLEX, FROM' SAID POIN:TOF BEGINNING RUN SOUTH 89'25'49" EAST. NORTH OF, PARALLEL WITH AND 45.00 FEET NORMAL TO THE SOUTH BOUNDARY LINE OF SAID "ST. FRANCIS MANOR OF VERO BEACH' COMPLEX A DISTANCE OF 338.59 FEET, THENCE RVN NORTH 00' 06'34.' EAST ALONG A LINE .BEING 36.00 FEET WEST OF, PARALLEL WITH AND NORMAL TO THE SOUTHERLY EXTENSION OF THE WEST :BOUNDARY UNE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID CERTAIN PARCEL BEING A PORTION OF THE AFORESAID 'ST FRANCIS MANOR OF VERO BEACH' COMPLEX, A DISTANCE OF 34.81 FEET, THENCE RUN SOUTH 89'4392" EAST ALONG A LINE BEING 20.00 FEET NORTH OF, PARALLEL WITH AND NORMAL TO THE SOUTH BOUNDARY UNE OF SAID CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK '806, PAGE 2259, A DISTANCE OF 56:20 FEET, THENCE RUN NORTH 37'47'40" EAST A DISTANCE OF 65.11 FEET. THENCERUN NORTH 00'0694' EAST A DISTANCE OF 48.20 FEET TO THE SOUTH LINE OF THAT CERTAIN "MEMORANDUM OF TOWER SPACE LEASE" PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 1207, PAGE 851 OF THE PUBLIC RECORDS OF INDIAN RIVER 'COUNTY., FLORIDA, SAID POINT BEING APPROXIMATELY 8.96 FEET EAST OF THE SOUTH WEST CORNER OF SAID CERTAIN "MEMORANDUM OF TOWER SPACE LEASE' PARCEL; THENCE RUN SOUTH 89'40'13" EAST ALONG THE SOUTH BOUNDARY LINE OF SAID CERTAIN "MEMORANDUM OF TOWER SPACE LEASE" PARCEL A DISTANCE OF 20.00 FEET, THENCE RUN SOUTH 00'06'34" WEST A.D1STANCE:OF 54:94 FEET; THENCE RUN SOUTH 37'47'40' WEST A DISTANCE OF 81.79 FEET TO THE SOUTHEAST CORNER OF THAT AFORESAID CERTAIN PARCEL DESCRIBED.IN OFFICIAL RECORDS BOOK 806, PAGE 2259: THENCE RUN NORTH 89143'32" WEST ALONG AFORESAID SOUTH BOUNDARY LINE OF CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259. A DISTANCE OF 45.00 FEET;.THENCE.RUN SOUTH 00'0694' WEST ALONG A LINE BEING 16.00.FEET WEST OF, PARALLEL WITH AND NORMAL TO THE AFORESAID SOUTHERLY EXTENSION OF THE WEST BOUNDARY UNE OF THAT CERTAIN PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 806, PAGE 2259, A DISTANCE OF 34.92 FEET, THENCE RUN NORTH 89'25'49' WEST ALONG A LINE BEING 25.00 FEET NORTH OF, PARALLEL WITH .AND NORMAL TO THE SOUTH BOUNDARY LINE OF SAID '5T. FRANCIS MANOR OF VERO BEACH' COMPLEX A DISTANCE OP 358.58 FEET TO THE AFORESAID EAST RIGHT OF WAY LINE OF 20T11 AVENUE; THENCE RUN NORTH 00'05'14' EAST ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 20:00 FEET TO THE POINT OF BEGINNING. THE•SIDE LINES OF THE ABOVE DESCRIBED EASEMENT TO BE SHORTENED OR PROLONGED TO MEET AT ANGLE POINTS, PARCEL LINES AND RIGHLOF WAY LINES. THE:ABOVE DESCRIBED EASEMENT CONTAINING 11191.43 S.F. OR 0.267 ACRES MORE OR LESS. SURVEYORS NOTES: 1: UNLESS IT BEARS THE SIGNATURE. AND THE ORIGINAL RAISED SEAL OF. A FLORIDA UCENSED SURVEYOR AND MAPPER. THIS DRAWING. SKETCH. PLAT OR MAP IS FORINFORMATONAL PURPOSES ONLY ANO ISNOT VALID. 2, A MINIMUM SEARCH WAS MADE OFTHEP.UBUC RECORDS BY THIS FIRM OR SURVEYOR FOR RIGHTS-0F•WAY., NO SEARCH WAS MADE OF THE PUQUC RECOROS BY THIS.FIRM OR SURVEYOR FOR RESERVATIONS EASEMENTS AND RESTRICTIONS OF RECORDS. 3. ANYfOUNDATIONS AND UNDERGROUND LMU'DES:VVERE NOT OBSERVED OR RECORDED FOR THIS SKETCH AND DESCRIPTION. 4. BEARING$SFIOWN ARE BASED•UPON NAD83/2007 FLORIDA EAST ZONE (901). THE BEARING OF SOUTH 00'05'14' WEST ALONG THE EAST RIGHT OF MAY UNE OF 20TH AVENUE. '5. THIS MAP ISASKETCNAIND DESCRIPTION OF INGRESS ANDEGRESS ACCESS EASEMENT. A BOUNDARY SURVEY WAS NOT PERFORMED TO DELINEATE THEBOUNDARY UMITS OF SAID EASEMENT. 8. THE. DESCRIPTION SHOWN HEREON WAS DEVELOPED. BY THE PROFESSIONAL SURVEYOR AND MAPPER AS DIRECTED BY THE CLIENT. LEGEND STA O.R.B. RO:NL LRCO. FL FL PG. P.O.B. P.O.0. (0) -(x-xRaa STATION OFFICIAL RECORD BOOK RIGHT OF WAY OR RIGHT OF WAX DATA INDIAN RIVER COUNTY, FLORIDA FLORIDA PAGE POINT OF BEGINNING POINT OF COMMENCEMENT OBSERVED DATA DESCRIPRON /DEED CALL EXISTING BARBED WIRE FENCE DOSTINGTOP OF BANKOF DITCH E70STiNG SWAL'E EXISTING ANCHOR AND GUY HIRE L70STINGOVER HEAD ELECTRIC' SKIVING WOOD UTIUTYPOLE THIS IS NOT A BOUNDARY SURVEY "''CARTER ASSOCIATES, INC. .CONSULTING ENGINEERS AND LAND SURVEYORS 17Q824s1; STREET, VERO BEACH, F). 329$0 TEL: fFF23.662-007 FAX.(T72) 661-7.180 CERTIFIED TO: ST. FRAN • OR 44b/d UCCURESE; FL. PSM 4765 CAI. LB. 205 SIGNATURE DATE: �.!: e,/ L r. SKETCH AND DESCRIPTION 20' WIDE INGRESS/EGRESS ACCESS EASEMENT SITUATED WART OF SOUTHEAST QUARTER OF SECTION LTOMISHIP 33 SOUTH, RANGE 39 EAST INDIAN RIVERCOUNTY, FLORIDA SHEET 1 OF 2 o., i 19740-A LU s EAST R.O.W. UNE EXHIBIT "A" ST FRANCIS MANOR DRIVE CSOUTH R.O.W. UNE 0 WIDE RIGHT OF WAY P,) C, N 89'25'37" W R.O.W. OCIERsECIWij (NW. CORNER OF 'ST. FRANCIS MANOR') , WEST UNE •0F P,8RCP. 7 OF .!2 a ST. FRANCIS MALAR O. oil) O O1 by O v1..1 P.O,B: ACCESS' EASEMENT N 00'05"14" E 20.00' 0 0 tri ST. FRANCIS PARCEL MANOR 'F' S 89'25'49" E 338.59' N 89'25'49" W 358.58' SW. CORNER OF 'ST. FRANCIS MANOR' / SOUTH UNE OF ST, FRANCIS MANOR N 89'25'49" W 374.58' H 6' HIGH CHAIN-UNX FENCE • DI O l o o o0) x tom' P.O.B._0P-CEASE ARTA : <' -.OFFICIAL RECORDS BOOK 1207, PG. 8z0� C -,,.', VIDAORANDUM OF TOWER SPACE LEASE' OFFICUL RECORDS 8001( 1207, PG. 851, CR -00.. R WITH COSTING ANTENNA TOWER AND ANCHORS 5 89'40'13- E 20.00' 20.00' WIDE ACCESS EASEMENT S 8743'32' E 56.ZQ'-N\ N S 89'25'49" a' .yrtOE N 017.96'34" E 34,81' E 8 59' COSTING DITCH SE CORNER OF PARCEL DESCRIBED IN Q.R.B. 806, P0. 2259. I.R.C.R N 89'43'32' W 172.63' IXISTINc DITCH i N 8,9`4332' W 46.00' / 00'06'34' W 34.92' SOUMERLY EXTENSION QF WESTERLY BOUNDARY UNE PARCEL DESCRIBED N O.R.B. '806, PC. 2259, I.R.C.R N 89'25'49" W 1374 58' EXISTINQ DflCH CAI .7"' CARTER ASSOCIATES, INC. ' CONSUMING ENCfl RS: AND -LAND SURVEYORS 1'708 24st.STREET„VERO BEACH, FL 32969 TEL: 3621191 FAX: (772) 662-2180 0 20 40 SCALE (1 Inch - 40 Foot) THIS IS NOT A BOUNDARY SURVEY SKETCH AND DESCRIPTION 20' WIDE INGRESS/EGRESS ACCESS EASEMENT SITUATED IN PART OF SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP33SOUTH, RANGE 39 EAST INDIAN RNER COUNTY, FLORIDA SHEET 20F2 OKI. it 19740-A