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AMENDMENT
LICENSE AGREEMENT
between
SANDAB COMMUNICATIONS LIMITED PARTNERSHIP, II
(hereinafter LICENSEE)
and
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
(hereinafter GRANTOR)
amend)VM
THIS AMENDMENT NITNESSETH THAT:
93-/6
WHEREAM, on Naroh 17, 1992, the GRANTOR and LICENIES entered into a
license agreement for the use of certain land at the Mouth County Transfer
Station for use as a radio tower; and
WHEREAS, LICENSEE now wishes to extend the term of the License and make
certain other changes; and
WHEREAS, the Department of Emergency Services agrees to these changes
provided that the GRANTOR gets an additional space on the tower for use in
the County's emergency communications;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THESE COVENANTS, THE GRANTOR
AND LICENSEE AGREE AS FOLLOWS:
1. That existing License dated March 17, 1992, a copy of which is attached
as Exhibit "A," is hereby amended as follows:
The original term of the license; that is, 16 years, shall be changed to
30 years from the date of the amendment.
2. Paragraph 41 of the License relating to rent shall be changed as
follows:
LICENSEE does hereby covenant and agree to pay GRANTOR and the GRANTOR
agrees to accept as rental under this License the following amounts:
$1,200 per year for the first five years of the License and for
each year thereafter the rental shall be increased by not more than
$500 per year or the Consumer Price Index increase, whichever is
greater, The payments for each year ars due in advance at the
beginning of each year.
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3. Paragraph A2 of the License shall be amended to increase the number of
free antenna spaces provided to GRANTOR from "one" to "two" with the
second space to be between 400 and 500 feet on the tower. In addition
the LICENSES shall be required to provide space for the GRANTOR'•
transmitter equipment in the building located on the licensed premises.
4. The original License is amended by adding a new paragraph, as follows:
WGYL will be held harmless by GRANTOR for any and all costs that
may be incurred to clean or remove any toxic or unacceptable waste
that may have been deposited in the landfill prior to the
construction of the WGYL tower site. Similarly, WGYL holds GRANTOR
harmless from any and all claims for damages which may be caused to
it by GRANTOR's clean-up of any toxic or hazardous waste problems
at the site, which clean-up is required by state or federal
regulatory agencies with jurisdiction.
Except for these changes, all other provisions of the License are
re -adopted and shall remain in full force and effect.
IN WZTNLSB WHEREOT, BUYER and SELLER have entered into this addendum on
this d 44 day of ? u M Ids , 10931
Witness
printed na
utc4-31—
t O& W RIGHT
Witness
printed name: ETTA LUPRESr/
SANDAB COMMUNICATIONS LIMITED
PARTNERSHIP, II, a Delaware limited
partnership
By: Sand b ComT�nications, iI, Inc.
sign /}�..,
printed names VCtstr c. Cbar'E'ti
titles Cu41. G'Nsssfffa.
(SEAL)
INDIAN RIVER COUNTY, tLORIDA
Board of Coty Co 'stoners
By
Richard N. Bird, Chairman
!nein Rive en
A4mm.
`•eflI
Budget
Dept.
Risk Mgr.
(SEAL)
Approved
Dale
6•/6
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing
as day of June)
SANDAB COMMUNICAATIONS, II
LIMITED PARTNERSHIP, II,
or who produced
an oath.
instrument was acknowledged before me this
, 1993, by C,2.di ;. E. (Ic,r-Fer• of
, INC., the general partner of BANDAR COMMUNICATIONS
on behalf of same. 8isGpersonaily knowr)to me
as identification and did (not) take
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Maur PUOMo ••,,• l :1ii
Stab *Moeda et tam
kV Cannlinkin DSO I
.1045, MO95
NOTARY PUBLIC:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
42 The foregoing instrument was acknowledged before mu this
day of LikolJG. , 1993, by RICHARD N. BIRD and JEFFREY K. BARTON,
respectively, as Chairman and Clerk of the Board of County Commissioners of
INDIAN RIVER COUNTY, FLORIDA, on behalf of same. They are personally known
to me and did not take an oath.
NOTARY ,UBLIC:
By
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MAR 26 '93 14:52 WGYL-WTTB PRGE.02
21 '93 ill 40 TO 407 362 4't47 y�F�RCCI�I��.R1�OG ANO �IM,.ffSTMENTS 7-772 P.01
212.E s iaa, 1Y'r`MSt D ) Ws TO Tag �C
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PCSift VIAL 414.
.11111MY N. BAR :.\.
TMI$ LIC=Nea (this "LSO '•I�iLwt�%1.��r i gt,A
)�(v�1 1D09 by and between max mem :e ode this ai o dila o!
oubdivision o! the State of r orida hereinafter referred political tthhe
"grantor", and man CO IGTIONS LIM=p p
Delaware limited penman hOrii!►ditat referredIRS=
as I the
"Licensee".
That in consideration of the covenants and agreements
hereinafter made to ba kept d pat=tried by the Lioanaan and upon
MO conditions ■et forth bill , the Grantor does hereby
the Licensee a nen-axalusi license to we the real grant to
property
as
follows:
situated in Indian River Coun y, Florida, bounded and described
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troy a point of beginning at the intersectio
wide right-ol-raY 49i Wail "JR Canal 121the south rl fht•et-wy line e! a 1a0•foet Yid
ritht•of•way !or the south Italie! Canal of th
Indian River Paxasater MAnageaant District
said F.0 b. being i the S.R. 1/4 of the 1.N
1/4 of Section 13, Vhship 33 South, Range 3
Last, Indian River County, Florida;
Run northeasters o said south right-of-wa
line of the South R$lief Canal a distance o
600 het to a point;!themes rum soutbeasterl
on a line parallel Ito the east right-of-way
line of Lateral "041 Canal a distance of 600
feat to a point; thence run southwesterly on a
ofe thea South Refute car s s idistance of 1100
feet to the intersection of the east right-of-
Vay line of Lateral "J" Canal; thence run
of Lateral on distance of too feet to
said p.o.1.
The grantor further
ingress and egress to exist du
the following described real
county, Floridan
of the east right-of-way line of a 160 -too
rants to Licensee an easement for
int the term of this License over
roperty, located in Indian River
Running from the above described property to
Old Dixie Highvay being the 90 feat lying
immediately southerly' of the right-of-way for
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MAR 26 '93 14:53
Weil Iu .ICI 704 Mitt -"J, fl.a41IW 1min intro ts 1-772 P.02
WGYL-WITH PAGE.03
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the Ionth Molls: clonal At above daseribed.
The Grantor reserves the right to grant
similar easements tO other parties.
The commencement daattee shall LE
licenses term shallbebertha date the
last party hereto executes this License.
abides Thio Lieenea shall be nonrsvooable provided Licensee
by all the terms of thin License and shall be for a purpose
of Constructing and usinQ a radio broadcasting transmission toner
and accessorystructures in accordance with 111 governmental agency
permit requirements and in aoctrdanee with the requirements of the
Radio station KarL, an Fm station licensed by the Federal
communications commission, and for
no other
purposes whatsoeverwithout the prior written ovnjet of the Grantor. Grunter resaeves
the right to grant other uses Of the property that 1■ the subject
of this License provided, howslsr, that said future additional uses
shall not interfere in any waj with the use of the property by
Licensee for the purposes provided in this License.
Tba Licensee, in consideration of the grant of this
License and other agreements: herein mads between assentor end
Licenser to be kept and pertopae/r agrees as fellowai
I. Licensee does hereby covenant and agree to pay
License the fod llowingnamounts: to accept as rental under this
/300.00 per month, or $i,3oo.Oo par year for the
first six ysarse and
$L2B.0o per month, or $1400.00 per year,
succeeding ten years.
beginning
The
eay aymyear. ts for oath year are due in advance at the
2. Licensee further covenants and agrees to provide
Grantor with one free antenna aacs, to be utilised by the Grantor
at any time for the exclusive p moss of establishing an Emergency
Communication System. License shall reserve such anted spivs
unless this prevision is rsls4sad or modified by the Board of
County•Cosaissioners of IndiaRiver County. Grantor shall be
issued keys and allowed free 24-hour access to the tower facilities
if such antenna space is utiiis d by Grantor.
3. The parties hereto agree that Licensee shall take
the property as it presently .riots. Licensee shall have the right
to make improvements to th property for the purpose of
oohs*f9tiny or expanding a radia antenna and accessorystruoturss
d:vsuAeuAin.luc
We If, 1Ma
for the
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▪ , . 1F1! 24 '93 11142 TO 407 562 4747
MAR 26 '93 14:54
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WGYL-147713
FROM ROCKL C r1Umter s
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PAGE. 04
T-772 P,03
11 long a0 Olid a!i'ltatures or
stoning, = thedoonstrr uctionther gaha 1 botany a mast Gtr, appropriate
Y ibyoted restrictions. 1111
end of the term of thisj��the Licensee. At the
become a of removable PMse p Improvements, Hith the
property of the Or alproperty equipment, mail
right of Licensee. and clear of and claim o!
4. Licensee may not assign this License without the
prior written approval of
Indian River County. thjM aoard of un r sCommissioners ably ofd
The Grantor enols not unreasonably withhold
hhereunder to T e Hirst National lam eesIthat ! mery layand assign
uv rit toms
loan by said sank to Licensee. aryland as security for a
5. Licensee shall maintain the property and all
conditio
conditjoentr nada thereon in ah orderly, sale and functional
n.
CA this Lia. ice ejectmentee agrees that in the 'Mt 'At a O111t brought
agreement or for fanyor default
tteunQor enforce
the covenants of the
successors or assigns, end •h id the granter lulls i u3 ��thin
Lisensas shall pay the raasonsfis eeeta end sxpens91 0= the eult
inolydthq iee0onabld attorney lees,
addition t4 Licensee egress to arrange for and pay for, In
activities onsthe rental above mentioned, all utility bills for
printings
f
any of the teraAny conditions and covenanrt t of this to Livens, all C
ODnat G
itnte a dofcult and shall take the entire amount of rent =or t"
the term of this License due and payable. grantor, its heirs and N
assigns, may probsed to collect same, or at the election o!
Grantor, its heirs or assigns, any such default shall work a■ a --
losteituro of this License 'T
grantor shall notify Licensee in sit
t such na defaul rod c••
said Licensee shall within ten (10) days of revolving notice remedy C
said default It the default is not remedied within said tan (10)
days, then Licensee shall surrender said premises to Grantor, or
Cy action°or forcibleaentry and ,shall recover possession thereof
b
y and detainer.
9. License* further Covenant!
Cranbor harmless from and indemnifyand Agrees to holdy
to defend, any claim demurer,
Grantor for, including the ion
whatsoever that may arise out of ora resu t from the use of omos
promises by Licensee.
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MAR 26 '93 14:55 WGYL-WT7B
MAR OS '93 11:42 TO 407 SG2 4747 FROM ROCKLAND INVESTMENTS
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PAGE.05
T-772 P,04
10. Liminess agrees to carry, at its expense, liability
insurance to protect the interest of Grantor as well as Licenses.
against loss or damage byportant' injury or o
agrees to oarry liabilityins of not
damages, and
itllndr.d R'howand Dellar(tio00,,000,oto)) ttW iia toe or d of
anyone parson an4 Three Xundrsd Thousand Dollars ($300,000.00) for
injuries to or death of any sore than one patron in anyons
accident, and Twentrwf=vt TbOdennd ($25,000.00) far daaae to
property. said policy or policies shall be standard owner's.
Landlord's and Tenants polities and will include the Grantor's
name as oo-insured. A copal of the insuran0e policies naming
Grantor as co-insured vill be delivered to Grantor.
11. Licensee further agrees that Licensee, its agents,
affiliates or subsidiaries or assigns, will make no
th
improper use er tha premises end will abide by all of the health,
county, theiState oand f other
riddi ar any other tions es govvernasnquired nttalnautthhority.
the 12. Licensee may install such signs on the exterior of
of theproperty/y/or csiiid sign* to meet withrytbicxul,e and
r�epletions
of Indian Aiws County,
12. Orator say anter and inspect the licensed premises
at all reasonable hours.
14. Grantor covenants and agrees that if Licensee shall
ply and otherxlse perform and do all the things and matters herein
provided for to be kept and performed by Licensee, that the
Licensee shall peacefully and quietly have the right to use the
premises for the purposes herein provided together with the
necessary right•ef-way to said premises without any hindrance by
Grantor or by any other parson or persons claiming by or through or
under Grantor.
12. upon termination of this License, Liasngge shell
peacefully end qui+til? surrender and yield up to Grantor all the
premises, subject to the right of Licensee to remove only such
tangible personal property and fixtures as may be owned
Licensee. In the event of the removal of any fixtures or tangible
personal property ownad by Llsenaee, Licantee will repair at its
expense any damage caused by the removal of said fixtures and
equipment.
si t is
covenants and agreements herein, contained shall beh and eextenone the
d d to and
be binding upon the respeptive successors; heirs, legal
representatives and assigns of 'the parties hereto.
4Awuuuasnm,Ae
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MAR 26 '93 14:56 WGYL-WITH
Mtt♦! 26 '93 11:43 TO 40? 562 474? FROM RO os. D It4,ErTMENTG
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hands and =sealWsxon3, Situp,
duplicate
In the presence ots
zet 4424,44.4,•4•••
PAGE.06
T-772 P.05
the p&tties have hereunto sat their
and year first above written, in
INDzhN RIM , t pelltioa�
subdivision of the State of Florida
Attests
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STATE 07 FLORIDA
COUNTY 0! INDIAN RIVER
BANDAs COMM NICATSOSrII"•"''LSIIITED
PaRTNLRauip, SS, a Delaware limited
Partnership
Sp panda* ooraunioalLons, :Z, rills
by
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Titles
p
The for rgoing instrument was aokAow�,opgSg befort IDS thiC
aid of _oun • i*S2, �y N EChairman,
di Of
omm 'almoners of yndiin 1liv&rCounty, Flid.
My Commission Expires:
IssimeaAWl mosi
14 at= ti0�
siws‘pIt 1sTOMiMK
Mush is, �t'q
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Ntart' Mlio
?Ant/ miteP
Nast Mk Mrs a %Ida
M' am spies71 N 9,,
AIElflsI2'
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MAR 26 '93 14t57 WGYL-WTTB
., (1* 2s • n 11141 TO 40? 162 4747
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FROM RCCIC.44) INVESTMENTS
!TATs 0? =Qau.--•
0? bitagalltir
The fftegoinq inert
r'M-da •!
Co omalfneeaatio�nations IZ
'shin
PAGE .07
T-772 P.OG
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vas aaknowl•dg•d biro • as this
s
In ••� • •asr
IT.
My Omission txgir•sf
7_ iL Not f—
APPROViD Al TO !'ORM AND
LICIAL Avrrtatljcr
Sat County Attdkhoy
itVIMA0.1\17109.411
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