HomeMy WebLinkAbout2004-121 Prepared by and after
Recording Return to : �( L
BROAD AND CASSEL
1 North Clematis Street
Suite 500
West Palm Beach , FL 33401
Attn : Clifford I . Hertz, Esq ,
Cingular Site : WEST VERO
MEMORANDUM OF
LICENSE AGREEMENT
This Memorandum of License Agreement (the " Memorandum ") is made this 1st
day of June , 2004 , between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida , whose address is 1840 25th Street , Vero Beach , FL 32960 , (the " Licensor") and
BELLSOUTH MOBILITY LLC , a Georgia limited liability company, d/b/a Cingular Wireless , with
an office at : 6100 Atlantic Boulevard , Norcross , Georgia 30071 (the " Licensee" ) .
WITNESSETH :
Licensor and Licensee entered into an Elevated Water Tank Space License Agreement
on March 23 , 2004 , (the " License Agreement") for the purpose of installing , operating and
maintaining a wireless communications facility and other improvements . All of the foregoing is
set forth in the License Agreement . The real property, owned by the Licensor, is described in
Exhibit "A" attached to the License Agreement. In consideration of the rent and covenants
therein provided in the Agreement , Licensor hereby grants a license to Licensee and Licensee
hereby accepts the license from Licensor for that certain property more particularly described on
Exhibit "A" attached hereto and incorporated herein by reference (the " Licensed Premises ") .
1 . The term of the Agreement is for five (5 ) years commencing on the earlier of
construction of Licensee Facilities or one hundred eighty ( 180 ) days from full execution of this
Agreement (" Commencement Date " ) and terminating on the fifth anniversary of the
Commencement Date with three ( 3 ) successive five (5 ) year options to renew, at Licensee ' s
option .
2 . Licensee further has the option to extend the Initial Term for three (3 ) additional
consecutive five ( 5 ) year periods upon the terms and conditions set forth in the
License
Agreement (the " Extension Options ") . If all Extension Options to renew are exercised , the term
of the License Agreement will expire twenty (20 ) years after the Commencement Date . For
purposes of providing notice to third parties hereunder, it shall be presumed that the Extension
Options have been exercised in the future unless Licensee executes and records in the public
records an instrument which indicates that an Extension Option has not been exercised or this
Memorandum has been terminated .
3 . Licensor covenants that Licensee , on paying the rent and performing the
covenants set forth in the License Agreement , shall peaceably and quietly have , hold , and enjoy
the Licensed Premises .
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28403/0194 CS 4/12/2004
4 . All of the foregoing is set forth in the License Agreement . In the event of such
conflict between the terms and conditions set forth in this Memorandum and the terms and
conditions set forth in the License Agreement , the License Agreement shall control .
IN WITNESS WHEREOF , the parties have executed this Memorandum as of the day
and year first above written .
Signed , sealed and delivered in the LICENSOR :
presence of:
INDIAN RIVER COUNTY ,
by its Board of County Commissioners
Attest : J . K . Barton , Clerk
By: u�
By : y Caroline D . Ginn , Chain-An
Print Name : /91) 10//9 � O Z�
Deputy Clerk
BCC Approved : June 1 , 2004
[SEALS
t !�!� VM
Approy { . ; $ ^ Approved as to form n d legal sufficiency:
Nit%
By
septi 9/ �i1 .1� ty Administrator William G . Collins II , County Attorney
[LICENSEE SIGNATURES AND NOTARY ACKNOWLEDGMENT
CONTINUED ON THE FOLLOWING PAGE]
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28403/0194 CS 4/12/2004
Signed, sealed and delivered in the LICENSEE ,
presence of:
BELLSOUTH MOBILITY LLC,
a Georgia limited liability company
d/b/a Cingular Wireless
Print Name : N . ABBAISINUH By :
Name : _
�t '✓� � ��^'i Title : Nii_L IAM, SCHUTTS
— XECC DIRECTQE-[vET YORK
Print Name : :` \
STATE OF FLORIDA
COUNTY PCLkxVk )2)'Wth : ss
I the undersignedthority, a Notary Public in and for said County , in said State , hereby certify
this � day of e 2003 that u % &w. % bC l,t HS as
IXC r t rPs�'t� — Noi2 d-1C of BellSouth Mobility LLC , a Georgia limited
liability company , has signed the foregoing instrument and, acknowledged before me on this date that,
being informed of the contents of the foregoing instrument, he/e1*e, with full aulbority , executed the same
voluntarily for and as the act of the limited liability company. He/eke is personally known to me OR
( ) has produced as identification .
(Signature of Notary Public)
r fti., Anita E Brommer
• My Commission DD006392
?o, Nd Expires February 28, 2006
(Typed name of Notary Public )
State of Florida
My Commission Expires :
[SEAL]
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28403/0194 CS 10/29/2003
EXHIBIT "A"
Licensed Premises
PBUE (TYPICAL) r DRAIN PIPE TO CONCRETE
GRAS'S -
1
N 89"334310 E 150D0'(D) SER OF WATER TANK
VMS (Tl'PICAV LATITUDE- 27'38'07340' NORTH
✓ LONGITUDE- 090'26854.499' VEST
• ELEVATION-2MI8o GVAd929XAP4L.)
x IRRIGATION STATE PLANE COCRDDuTCS
x=934736.211
INDIAN RIVER COUNTY Y=120034&393
PARCEL 333905000010090000024 ROCK
ZONED CG
c CONTAV" 032 ACRE, MORE OR LESS -INSIDE .FENCE ^ „
a . e
� x �
TANK BASE AT GROUND LEVEL
u
.NEONNCEREETEH PAD
O 1
GRASS
0
N
CONCRETE PAD L4 CINGULAR WIRELESS LICENSED PARCEL
SEVER LIFT STATION
x �
DOpR �
0 POINT OF BEGINNING
uJ J C�AR ISSS SENSED PARCEL
SET
o = � GATE TANK CAP
x (Ll. Nm 6OMTYPICAL.)
_ ^ * x " GATE ✓
h 1 J
O� - ROCK- ASS - 20' INGRESS/EGRESS AM
� 1 1 UTILITY EASEMENT
• ~ �� ,
fp
:ELLULAR ANTENNA 4j► 0/H 1501000(D) CVH �
e• S 89^33'31' V
CTR ICAL PANEL SWµ E- WATER VALVE ON CONCRETE PAD
CONCRETE PAD - SWAL.E- -ASPHALT - o► e 1 .
1 4pO 1 (TYPICAL)ND ✓ 10 1 ARD (TYPICAL)
ROUUTILITY BOX h•p
4fe. EDGE OF ASPHALT .i
46& TRAILER 6.0' CHAIN LINK FENCE (TYPICAL)
alf.S1J
INCRETE WALK AND STEPS COLLEGE ROAD UNDERGROUND UTILITY BOK (TYPICAL)
(60' RIGHT ON WAY)
wmmGROUND UTILITY Box (ASPHALT)
CINGULAR WIRELESS _
LICENSED PARCEL
WEST VERO SITE
A PORTION OF TRACT 9, SECTION 51 TOWNSHIP 33 SOUTH, RANGE 33 EAST, ACCORDING
TO THE PLAT OF LANDS ON THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT
BOOK 20 PAGE 23, INDIAN RIVER COUNTY , FLORIDA, BEING NOW PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER 13F SAID TRACT 91 THENCE NORTH 89'53'51' EAST,
ALONG THE SOUTH LINE CIF SAID TRACT 9, A DISTANCE OF 809.04 FEET] THENCE
DEPARTING SAID SOUTH LINE. NORTH 00"02'10' EAST . A DISTANCE OF 2941 FEET TO
THE PRINT OF BEGTNNING# THENCE SOUTH 89^53'51' WEST, A DISTANCE OF 20.00 FEET1
THENCE NORTH 00' 02010' EAST, A DISTANCE OF 33.00 FEETN THENCE NORTH 89 "5311'
EAST. A . DISTANCE OF 2&100 FEETN THENCE SOUTH 00" 02'10' VEST, A DISTANCE OF
33.00 FEET TO THE POINT OF BEGINNING.
CTWTAINTNG n0151 ACRES OR 660 SOUARE FEET, MORE OR LESS,
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