HomeMy WebLinkAbout2008-362ACOUNTY,
Indian River County
Board of County Commissioners
180127th Street
Vero Beach, FL 32960
GLOBAL TOWER.
Global Tower Assets, LLC
1801 Clint Moore Rd.
Suite 110
Boca Raton, FL 33487
Site # & name: FL -5586 Vero Beach
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License") is made this 4th day of Nov. , 2008 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 Global Tower Assets, LLC, a Delaware limited liability company
("Global Tower"), whose address is 1801 Clint Moore Rd., Suite 110, Boca Raton, FL 33487.
WHEREAS, the County owns certain real property located in Hobart Park in the northern part of Indian
River County, that is more particularly described or depicted in attached Exhibit 1(the "Property"); and,
WHEREAS, the County owns a communications tower that is currently located in Hobart Park; and
WHEREAS, the hurricanes of 2004 damaged the tower and it now needs to be replaced by a tower that
will be able to withstand higher wind speeds without damage; and
WHEREAS, the County recognizes the importance of having communication towers by having a
Comprehensive Long Range Tower Siting Report; and
WHEREAS, Global Tower Assets, LLC, is a Florida Company that constructs and leases space on
communication towers; and
WHEREAS, one of the tenants for the proposed tower is the U.S. Coast Guard. The Coast Guard is
seeking to find a location in Indian River County to complete its ability to triangulate distress calls along the
Atlantic coast, from Key West to Daytona; and
WHEREAS, Global Tower desires to License from County a certain portion of the Property, more
particularly described or depicted in attached Exhibit 2 (the "Premises"); and
WHEREAS, Global Tower agrees to construct the new tower at no cost to the County and transfer the
County's existing equipment on the old tower to the new tower.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree:
1. RIGHT TO LICENSE.
(a) County grants to Global Tower the right to License a portion of the Property measuring approximately
0.05 acres or 2,000 square feet as described on attached Exhibit 2, together with unrestricted access for Global
Tower'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").
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GTP Site ID: FL -5586
GTP Site Name: Vero Beach
(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, Global Tower 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 Global Tower'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 Global Tower,
are necessary in Global Tower'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 Global Tower's Permitted Use, all at Global Tower's expense. Global Tower 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 condition is disclosed by Global Tower's inspection. Global Tower will restore the
Property to its condition as it existed at the commencement of the Testing Period (as defined below), reasonable
wear and tear and casualty not caused by Global Tower excepted. In addition, Global Tower shall indemnify,
defend and hold County harmless from and against any and all injury, loss, damage or claims arising directly
out of Global Tower's Tests.
(c) Plans submitted by Global Tower call for the new tower to be supported by guy wires and the County
agrees to grant, by separate document if needed, an aerial easement for the guy wires.
2. TERM.
(a) This License shall commence on date Global Tower begins construction at the site (the
"Commencement Date"), which shall be confirmed in writing from Global Tower to County. Unless extended
or sooner terminated as herein provided, the term shall be for a period of one hundred twenty (120) months (ten
years) following the Commencement Date ("Initial Term").
(b) Global Tower shall have the option to extend the term of this License for four (4) successive additional
periods of 60 months (five years) each (each a "Renewal Term"). Each Renewal Term shall commence
automatically, unless Global Tower 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 lease agreement, Global Tower shall remove the tower or transfer ownership of
the tower to the County, at the County's option.
3. LICENSE FEE. Global Tower shall pay license fee to County beginning at Commencement Date a
monthly fee payment that shall consist of the following:
(a) a sum equal to thirty five percent (35%) of the rent or any fees paid by any tenants, licensees or
sublicensees to Global Tower except the County shall not be entitled to any rent or fees from the following
tenants: The United States Coast Guard Rescue 21 Project.
(b) The parties agree that the County has the following tenants leasing space of the existing tower: Florida
Power and Light. Federal Aviation Administration and the County shall continue to receive rent from these
tenants. Global Tower shall have no right to any rent paid by the existing County tenants. Global agrees to
move the equipment of any other non -rent paying tenants on the existing tower to the new tower at Global's
expense.
(c) The rent or license fees shall be paid by Global at the address set forth above on or before the fifth (5`I')
day of each calendar month in advance. Rent will be prorated for any partial month. The initial License fee
payment will be forwarded by Global Tower to County within thirty (30) days from Commencement Date.
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4. TAXES. Global Tower shall pay any personal property taxes assessed on, or any portion of such taxes
attributable to, the Communication Facility. County shall pay when due all real property taxes and all other fees
and assessments, if any, attributable to the Property and Premises. Global Tower shall pay as additional License
fee any increase in real property taxes levied against Premises, which are directly attributable to Global Tower'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 Global Tower. In the event
that County fails to pay when due any taxes affecting the Premises or the Easement, Global Tower shall have
the right but not the obligation to pay such taxes and deduct the full amount of the taxes paid by Global Tower
on County's behalf from future installments of Rent.
5. USE.
(a) The Premises are being licensed for the purpose of erecting, installing, operating and maintaining one
radio and communications tower, transmitting and receiving equipment, antennas, dishes, mounting structures,
buildings, and related equipment. Subject to prior approval and permitting by the County, Global Tower may
make any improvement, alteration or modification to the Premises so long as they comply with the appropriate
Federal, State and County laws, regulations, rules and codes and as are deemed appropriate by Global Tower.
Subject to prior approval and permitting by the County, Global Tower shall have the right to clear the Premises
of any trees, vegetation, or undergrowth which, in Global Tower's sole opinion, interferes with Global Tower's
use of the Premises for the intended purposes. Subject to prior approval and permitting by the County, Global
Tower shall have the exclusive right to install upon the Premises one communications tower, together with all
buildings, equipment, antennas, dishes, fencing, and other accessories related thereto, and to alter, supplement,
and/or modify same as may be necessary, so long as they comply with the appropriate Federal, State and
County laws, regulations, rules and codes and as are deemed appropriate by Global Tower.
(b) Subject to prior approval and permitting by the County, County grants Global Tower the right to clear all
trees, undergrowth, or other obstructions and to trim, cut and keep trimmed and cut all tree limbs, which may
interfere with or fall upon the Communications Facility or Premises. Subject to prior approval by the County
and only for the duration of this license, County grants Global Tower 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. In the event that the tower to be constructed by
Global Tower on the Premises is a guyed tower, County also grants Global Tower a license in, over, across and
through County's real property for the installation and maintenance of and reasonable access to the guy wires
and guy wire anchors. Global Tower shall be entitled to sublicense the Premises, including any communications
tower located thereon, with notice provided to the County. At all times during the term of this License, Global
Tower, and its guests, agents, customers, 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. Global Tower shall have the exclusive right to sublicense or grant licenses
to use the radio tower or any structure or equipment on the Premises, but no such sublicense or license shall
relieve Global Tower from its obligations under this License. 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 Global Tower's use
the Premises, or any communications tower located thereon, for the purposes originally intended by Global
Tower, or if technological changes render Global Tower's intended use of the Premises obsolete or impractical,
or if Global Tower otherwise determines, in its sole and absolute discretion, with or without cause, that the
Premises is no longer suitable or desirable for Global Tower's intended use and/or purposes, Global Tower shall
have the right to terminate this License Agreement upon ninety (90) days written notice to County.
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(c) As a condition of the use of the property, Global partners agrees to remove and dispose of the existing
tower and guy wires in a safe and responsible manner. Additionally, Global Tower will perform the following
all at no cost to the County:
• replace the existing generator used by the County at the tower site
• at the option of Global Tower, either replace the existing building used to store the County's and
the County's existing tenants' equipment building or repair it to conform with the specifications
of the Florida Building Code
• replace the existing air conditioner at the equipment building
• transfer the County's equipment and County's existing tenants' equipment from the existing
tower and transfer it to and install it on the new tower and deliver it to the County and County's
existing tenants' in good working condition
• establish a "WiFi hotspot" for use by the County at the new tower location
• Maintain the tower site and tower so that the site and tower are in compliance with local, state
and federal regulations.
• Obtain any assignments necessary from FPL and the FAA.
(d) Global Tower acknowledges that the County has a fiber optic cable termination site at the location of
the existing tower. Global Tower agrees to relocate and install the existing equipment at the termination site to
the new tower. Global Tower will submit any and all plans, specifications and drawings needed to move the
fiber optic terminal to the County for its review and approval. Global Tower or its contractor agrees to consult
with the County concerning the selection of any subcontractor that will hired to relocate the fiber optic
termination site. The Parties agree that the County shall have the final right of approval of the company or
companies that will relocate and install the termination site.
6. ACCESS AND UTILITIES. County for itself, its successors and assigns, hereby grants and conveys unto
Global Tower, 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 overhead and
underground electric and other utility facilities (including wires, poles, guys, cables, 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 Global Tower 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 Global Tower's safe and
efficient use and enjoyment of the easement for the purposes described above. Each tenant on the new 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 Global Tower and/or its sub -licensees. Subject to prior approval and permitting by
the County, Global Tower or its customers shall have the right to erect, install, maintain, and operate on the
Premises such equipment, structures, fixtures, signs, and personal property as Global Tower 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 Global Tower or its customers. Within a reasonable time after termination hereof, Global Tower or its
customers shall have the obligation to remove their equipment, structures, fixtures, signs, and personal property
from the Premises.
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
8. ASSIGNMENT.
U Global Tower may assign this License with prior notice and approval by the County, not to be
unreasonably withheld conditioned or delayed. After delivery by Global Tower to County of an instrument of
assumption by an assignee that assumes all of the obligations of Global Tower under this License, Global
Tower will be relieved of all liability hereunder. County may assign this License, in whole or in part, to any
person or entity (a) who 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 Global Tower, in Global Tower's sole discretion. Notwithstanding anything to the
contrary herein, Licensee upon thirty days written notice may assign or otherwise transfer its interest in the
License Agreement to an affiliated entity or to any entity with which it may merge, consolidate or enter an asset
or stock purchase agreement with or to an entity who wishes to sublet or take assignment of space on the
Tower.
(b) Subject to the approval of the County's existing tenants, the County agrees to assign and Global Tower
agrees to accept all responsibilities under the existing tenant's leases except for the right to renew the leases and
the right to receive rents under the leases.
9. WARRANTIES AND REPRESENTATIONS.
(a) County warrants and represents that it is the owner in fee simple of the Premises, free and clear of all
liens and encumbrances except as to those which may have been disclosed to Global Tower, 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 Global Tower, on paying the rent 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 Global Tower 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 Global Tower in any effort by Global
Tower 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 Global Tower 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 Global Tower's improvements enter the Premises through
adjoining public streets or, if they pass through an adjoining private tract, do so in accordance with valid public
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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 Global Tower 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 the of Premises; there are no outstanding options or rights of first refusal to purchase the
Premises or 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 any
existing communications tower and accordingly the parties agree that, if any part of such tower, buildings,
roadways, utilities, guy wires or anchors related to the communications 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 Global
Tower 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 Global Tower or any assignee, sub -licensee of Global Tower 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 Persons"), from and against all claims and
liabilities (including reasonable attorneys' and fees court costs) caused by or arising out of (i) such 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 Person's contributory negligence or other
fault, the Indemnified Person shall not be indemnified hereunder to the extent that the Indemnified Person's
negligence or other fault caused such claim or liability.
12. WAIVERS
(a) To the extent allowed by law, County hereby waives any and all lien rights it may have, statutory or
otherwise, in and to the tower facilities or any portion thereof, regardless of whether or not such is deemed real
or personal property under applicable laws. To the extent allowed by law, County will not assert any claim
whatsoever against Global Tower for loss of anticipatory profits or any other indirect, special, incidental or
consequential damages incurred by County as a result of the construction, maintenance, operation or use of the
Premises by Global Tower.
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13. INSURANCE.
(a) Global Tower 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 Global Tower and its corporate affiliates. All insurance policies required to be maintained by Global Tower
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. Global Tower shall evidence such insurance coverage by delivering to County, if requested, a
copy of all such policies or, at Global Tower's option, certificates in lieu thereof issued by the insurance
companies underwriting such risks.
(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 Global Tower'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.
14. 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 License, license, or easement would detrimentally impact
Global Tower's communications facilities, or the use thereof. County shall not cause or permit the construction
of radio or communications towers on the Premises or on any other property of County adjacent or contiguous
to or in the immediate vicinity of the Premises, except for towers constructed by Global Tower or towers and
antennae constructed by the County or its agents for communicating with County employees for County
business. County shall follow all applicable state and federal codes during the permitting and construction of
any tower or antennae.
15. 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
"Transferee"), the County shall serve a notice (the "Transfer Notice") upon Global Tower. The Transfer Notice
shall set forth the exact terms of the offer so received, together with a copy of such offer, and shall state the
desire of the County to sell the Premises on such terms and conditions. Thereafter, the Global Tower 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 Global Tower 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 Global Tower shall not be required to close before the 15th day following the date of the Counter Notice.
The Global Tower'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.
16. SECURITY. The parties recognize and agree that Global Tower shall have the right to safeguard and
protect its improvements located upon or within the Premises. Consequently, Global Tower may elect, at its
expense, to construct such enclosures and/or fences as Global Tower 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,. Global Tower may also
undertake any other appropriate means to restrict access to its communications towers, buildings, guy anchors,
guy wires, and related improvements subject to prior approval and permitting by the County,.
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17. FORCE MAJEURE. The time for performance by County or Global Tower of any term, provision, or
covenant of this Agreement 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 Global Tower, as the case may be.
18. DEFAULT. The failure of Global Tower or County to perform any of the covenants of this Agreement
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.
19. REMEDIES. Should the defaulting party fail to cure a default under this Agreement, 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 Global Tower, it shall continue to honor all
sublicense commitments made by Global Tower 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.
20. ATTORNEY'S FEES. If there is any legal proceeding between County or Global Tower arising from or
based on this Agreement, the unsuccessful party to such action or proceeding shall pay to the prevailing party
all reasonable costs and expenses, including reasonable attorney's fees and disbursements, incurred by such
prevailing party in such action or proceeding and in any appeal in connection therewith. If such prevailing
party recovers a judgment in any such action, proceeding or appeal, such reasonable costs, expenses and
attorney's fees and disbursements shall be included in and as a part of such judgment.
21. 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 Global
Tower,
22. 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 Global Tower 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 Global Tower of a lien and security interest in Global Tower's
interest in the License and all of Global Tower's personal property and fixtures attached to the real property
described herein, and furthermore consents to the exercise by Global Tower's mortgagee of its rights of
foreclosure with respect to its lien and security interest. County agrees to recognize Global Tower's Lender (as
hereinafter defined) as Global Tower hereunder upon any such exercise by Lender of its rights of foreclosure.
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Global Tower agrees that no lien or mortgage will attach to the real property under this license as County
owned real estate cannot become subject to a lien by law.
23. NOTICE/RIGHTS TO CURE. Supplementing the provisions of Section 22 hereof.
The Global Tower shall have the right from time to time to mortgage or otherwise encumber Global
Tower's interest in this License; provided, however, in no event shall there be more than one such mortgage or
encumbrance outstanding at any one time. If Global Tower shall so mortgage (each a "Mortgage") Global
Tower's interest in this License to a lender (such lender, and any successor, assign, designee or nominee of such
lender, hereinafter a "Lender"), Global Tower or such Lender shall give the County prompt notice of such
Mortgage and furnish the County with a complete and correct copy of such Mortgage, certified as such by
Global Tower or such Lender, together with the name and address of such Lender. After receipt of the
foregoing, the County shall give to such Lender, at the address of such Lender set forth in such notice, and
otherwise in the manner provided by Section 26 of this License, a copy of each notice of default hereunder at
the same time as, and whenever, any such notice of default shall thereafter be given by the County to the Global
Tower, and no such notice of default by the County shall be deemed to have been duly given to the Global
Tower unless and until a copy thereof shall have been so given to Lender. Notices to Lender under this Section
23 shall be deemed given on the date received by Lender. Lender (i) shall thereupon have a period of ninety
(90) days more than given to the Global Tower in each instance in the case of a default in the payment of rent
and in the case of any other default, for remedying the default or causing the same to be remedied; provided,
however, if any non -rent default is not capable of remedy by Lender within such ninety (90) day period, Lender
shall have such ninety (90) day period to commence curing the default and such greater period of time as is
necessary to complete same with due diligence, and (ii) shall, within such periods and otherwise as herein
provided, have the right to remedy such default or cause the same to be remedied. The County shall accept
performance by a Lender of any covenant, condition or agreement on the Global Tower's part to be performed
hereunder with the same force and effect as though performed by the Global Tower. Notwithstanding anything
to the contrary contained herein, if the default is of such a nature that it cannot be cured by Lender (for example,
the bankruptcy of the Global Tower), such event shall not be a default under this License.
Notwithstanding any of the provisions of this License to the contrary, no default by the Global
Tower shall be deemed to exist as long as Lender within the periods set forth in paragraph (a) above shall have
delivered to the County its written agreement to take the action described in clause (i) or (ii) herein and
thereafter, in good faith, shall have commenced promptly either (1) to cure the default and to prosecute the same
to completion, or (2) if possession of the Premises is required in order to cure the default, to institute foreclosure
proceedings and obtain possession directly or through a receiver, and to prosecute such proceedings with
diligence and continuity and, upon obtaining such possession, commence promptly to cure the default and to
prosecute the same to completion with diligence and continuity, provided that during the period in which such
action is being taken (and any foreclosure proceedings are pending), all of the other obligations of the Global
Tower under this License, to the extent they are reasonably susceptible to being performed by Lender, are being
performed. However, at any time after the delivery of the aforementioned agreement, Lender may notify the
County, in writing, that it has relinquished possession of the Premises or that it will not institute foreclosure
proceedings or, if such proceedings have been commenced, that it has discontinued or will discontinue them,
and in such event, Lender shall have no further liability under such agreement from and after the date it delivers
such notice to the County, and, thereupon, the County shall have the unrestricted right to terminate this License
and to take any other action it deems appropriate by reason of any default, and upon any such termination the
provisions of Section 24 below shall apply. Notwithstanding anything to the contrary contained herein,
provided such Lender shall have otherwise complied with the provisions of this Section 23, such Lender shall
have no obligation to cure any defaults which are not susceptible to being cured by such Lender.
Except as provided in Section 23(a) above, no Lender shall become liable under the provisions of
this License or any License executed pursuant to Section 24 hereof unless and until such time as it becomes, and
6
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
then only for as long as it remains, the owner of the Licensehold estate credited hereby or thereby. This License
shall not be amended or modified without the consent of any Lender which has delivered the notice provided for
in Section 23(a) hereof. In the event that a Lender shall become the owner of such Licensehold estate, such
Lender shall not be bound by any modification or amendment of the License made subsequent to the date of the
Mortgage and delivery to the County of the notice provided in Section 23(a) hereof and prior to its acquisition
of such interest unless Lender shall have consented to such modification or amendment at the time it was made
or at the time of such acquisition.
24. RIGHT TO NEW LICENSE.
In the case of termination of this License for any reason, or in the event this License is rejected or
disaffirmed pursuant to any bankruptcy, insolvency or other law affecting creditor's rights, the County shall
give prompt notice thereof to a Lender whose name and address the County has received pursuant to notice
made in compliance with the provisions of Section 23(a), at the address of such Lender set forth in such notice,
and otherwise in the manner provided by Section 26 of this License. The County, on written request of such
Lender made any time within thirty (30) days after the giving of such notice by the County, shall promptly
execute and deliver a new License of the Premises to Lender or its designee or nominee, for the remainder of
the term upon all the covenants, conditions, limitations and agreements contained herein (including, without
limitation, options to extend the term of this License) except for such provisions which must be modified to
reflect such termination, rejection or disaffirmance and the passage of time, provided that such Lender (i) shall
pay to the County, simultaneously with the delivery of such new License, all unpaid rent due under this License
up to and including the date of the commencement of the term of such new License and all reasonable expenses,
including, without limitation, reasonable attorneys' fees and disbursements and court costs, incurred by the
County in connection with the default by the Global Tower, the termination of this License and the preparation
of the new License, and (ii) shall cure all defaults existing under this License which are susceptible to being
cured by such Lender promptly and with due diligence after the delivery of such new License. Notwithstanding
anything to the contrary contained herein, provided such Lender shall have otherwise complied with the
provisions of this Section 24, such Lender shall have no obligation to cure any defaults which are not
susceptible to being cured by such Lender (for example, the bankruptcy of the Global Tower).
Any such new License and the estate thereby created shall, subject to the same conditions contained
in this License, continue to maintain the same priority as this License with respect to any mortgage, including
any fee mortgage, encumbering the Premises or any part thereof or any licensed interest therein or any other
lien, charge or encumbrance thereon whether or not the same shall then be in existence. Any new License made
pursuant to this Section 24 shall be accompanied by a conveyance of the County's interest, if any, to the
improvements on the land demised hereby (free of any mortgage or other lien, charge or encumbrance created
or suffered to be created by the County but not any mortgage or other lien, charge or encumbrance created or
suffered to be created by the Global Tower) for a term of years equal in duration to the term of the new License
as the same may be extended pursuant to the provisions of said new License, subject, however, to any License
of such improvements theretofore made by the Global Tower, as County, which is then in effect. Concurrently
with the execution and delivery of such new License, the County shall assign to the Global Tower named
therein all of its right, title and interest in and to moneys (including insurance and condemnation proceeds), if
any, then held by or payable to the County or any other depository which the Global Tower would have been
entitled to receive but for the termination of this License, and any sums then held by or payable to the County or
such depository shall, subject to the provisions of Section 25 hereof, be deemed to be held by or payable to it as
the County or depository under the new License.
Upon the execution and delivery of a new License under this Section 24, all sub -licenses which
theretofore have been assigned to, or made by, the County shall be assigned and transferred, without recourse,
by the County to the Global Tower named in such new License. Between the date of termination of this
License and the date of execution of the new License, if a cancel any sub -licenses or accept any cancellation,
lul
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
termination or surrender thereof (unless such Lender shall have requested such new License as provided in
Section 24(a), the County shall not termination shall be effected as a matter of law on the termination of this
License) or enter into new sublicenses without the consent of Lender.
25. ADDITIONAL PROVISIONS.
The County shall have no right and expressly waives any right arising under applicable law, in and
to the rentals payable to the Global Tower under any License of the improvements on the land demised
hereunder, if any, which rentals may be assigned by the Global Tower to Lender.
If a Mortgage is in effect, (i) this License shall not be modified or amended by the parties hereto, or
terminated or surrendered by the Global Tower, nor shall the County accept any such termination or surrender
of this License by the Global Tower, without the prior written consent of Lender and (ii) the County shall not
have the right to terminate this License in the event of a casualty or condemnation without the prior written
consent of Lender.
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 right to extend or renew this License and any right of first refusal to purchase the Premises may
be exercisable by the holder of a Mortgage and, before the expiration of any periods to exercise such a right, the
County must provide to Lender at least thirty (30) days prior written notice before the expiration of the right to
so extend or renew in order to extinguish Lender's right to so extend, renew or purchase.
Notwithstanding any provisions of this License to the contrary, so long as a Mortgage is in effect,
the Global Tower shall have no right to terminate the License with respect to any event unless the written
approval of Lender holding a Mortgage on the Licensehold estate is obtained, including, without limitation, the
right to terminate in the event of any damage or condemnation.
The County shall have the right to construct such buildings on the licensehold estate as the County
may desire provided the buildings do not interfere with Global Towers use and quiet enjoyment of its
licensehold.
The County and its tenants have the right to add and change equipment on the new tower provided it
is a like -for -like exchange of equipment and the new equipment causes no interference to other tower tenants.
Prior to any making any additions or changes, the County or its tenants must fist provide Global Tower with a
copy of the specifications of the changes or additions so that the tower may be checked for loading capability.
The request for additions or changes shall not be unreasonably withheld so long as the load is capable of being
placed on the tower.
Global shall provide the County with a copy of its as -built plans for the space on the new tower
occupied by the County.
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:
11
If to County:
Office of the County
Attorney
1801 27th Avenue
Vero Beach, FL 32960
28. MISCELLANEOUS.
If to Global Tower.
Global Tower Assets, LLC
1801 Clint Moore Rd.
Suite 110
Boca Raton, FL 33487
Attn: Asset Management
Ref: FL -5586 Vero Beach
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
If to Lender.
Morgan Stanley Asset Funding Inc.
1585 Broadway Ave/2nd floor
New York, NY 10036
Attn: Kevin Swartz
Fax: (212) 5074123
With copy to:
JP Morgan Chase Bank
4 New York Plaza, 6th Floor
NY, NY 10004
Attn:Worldwide Securities/Structured
Finance Services -GTP Acquisition
Warehouse Financing 2005
(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 agreement.
(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.
(e) This License shall be governed by and construed in accordance with the laws of the State Florida, Indian
River County.
(f) This License constitutes the entire License and understanding of the parties and supersedes all offers,
negotiations and other License agreements with regard to the Licensed 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 agreement 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 Global Tower's option in the
form as depicted in Exhibit 3 attached hereto.
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SIGNATURES BEGIN ON NEXT PAGE]
12
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
IN WITNESS WHEREOF, the parties hereto have executed this License as of the date last signed by a party
hereto,
Global Tower Assets, LLC,
a Delaware limited liability company
BY:
Terry Armant
Senior Vice President of Development
WITNE
WITNESS:
(Corporate seal is acceptable in place of witnesses)
Attest: Jeffrey K. Barton, Clerk of Court
By:.
Deputy Clerk
Approved as to form and legal sufficiency
10404 41 C Q
William K. DeBraal
Deputy County Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
BOARD OF COUN'T'Y COMMISSIONERS
IND ER OUNTY FLORIDA
B
Wesley S. Davis, Vice-Chaiirrhan
BCC Approved: November 4, 2008
Approved: i
By
J eph A. Baird
County Administrator
14�
The foregoing instrument was acknowledged before me this Z2 day of , 2008, by Terry
Armant, the Sr. VP -Development of Global Tower Assets, LLC, a Delaware limited liability company, on behalf of the
company, who is personally known to me.
00A
WITNESS my hand and Official Seal at office this 22 day of OCelrober , 2008.
My Commission Expires:
Few Iq_ ZoIZ
`' 1)h
Notary Public
W
LANA M.CABRERA
My COMMISSION # DD760298
EXPIRES February 19, 2012
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
EXHIBIT 1
Description of Parent Tract
14
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1
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SITE
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Fort rr Idler
Pff"
Location Sketch
(NOT rO SCALE)
DESCHMON OF PARENT TRACT
AS DESCRIBED IN O.R.B. 251, PAGE 266
THE S 1,0'2 OF SW 1/4 LESS WEST 40 FOOT ROAD RIGHT—OF—WAY AND LESS
SOUTH 40 FEET OF SE 1/4 OF SW 1/4 OF SECTION 33, TOWNSHIP 31 SOUTH,
RANGE 3P EAST AND;
SOUTH I(' ACRES OF NE 1/4 OF SW 1/4 OF SEC.110N J3, TOWNSHIP 31 EAST,
RANGE 39 EAS7.
DE.'3CRt"ON UR PROPOSED LEASE PARCEL
A PARCEL OF LAND LYING IN THF, SOUTH ONE HALF OF THE SOUTHWEST nNr n
OF CRIB�N AS bLLSW"Sp 31 SOUTH, R,aW1t.39 EAS?: .BEING MORE 1'Altlt
DESCRIBr.0 AS FOLLOWS: COMMENOE 'AT T.HE SOU7HWF$T CORNER OF AAI e
SECTION 33, PROCEED SOUTH 90 CF -SAI
SAID SECTION 33 A DISTANCE OF i�7770w EAST ALONG THE SOUTH LINE bf '"'- "'�
EAST A DISTANCE OF ,�T4NC FEET S6 FEET: THENCE NORTH 00'00'00"
WEST 46&16'54P
6& 1 SCE OF j� 0DISTANCE OF 20-00 FEET: TNT HENCE NORTH 43.43'06'
THENCE
OF 20.01,1 FEET: THENCE SOUTH 43-439080 FEET; ^NORTH 4r15,54 " EAST A DISTANCE
TO THE "DINT OF BEGINNING. EAST A DISTANrE OF 30.00DIS FEET
CONTAINIVG 1000 SQUARE FEET MORE OF LESS,
Notes
1' THIS "URVEY ODES NOT REFLECT OR DETERMINE OWNERSHIP.
2• BASIS Or BEARINGS IS ASSUMED, HOLDING THE CENTERLINE OF HOSART
ROAD AS BEARING SOUTH 90• 00' 00" WEST,
3. ELEVATIONS SHOWN HEREON ARE BASED ON "HO9AR7 ROAD TBM 096,
(INDIAN RIVER COUNTY SURVEY DEPT, BENCHMARK))
2NORTH END CONCRETE HEADWALL, O S.E. CORNER INTERSECTION Oe
4 4 AVENUE N HOBART ROAD (77th ST�,
HAVING AN ELEVATION OF
EET N.G.V.D. (1928), AS SUPPLIED Y SAID Sllnvcv nr...__.._.
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GTP Site ID: FL -5586
GTP Site Name: Vero Beach
EXHIBIT 2
The Premises is depicted/described as follows and will be replaced by a surveyed legal description when available
15
Retum to:
Global Tower, LLC
1801 Clint Moore Rd.
Suite
Boca Raton, FL 33487
Site Name:
Site Number.
EXHIBIT 3
FORM OF MEMORANDUM OF LICENSE
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
This Memorandum of License evidences a License ("License") between Indian River County
("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960 and Global Tower Assets, LLC, a
Delaware limited liability company, whose mailing address is 1801 Clint Moore Road, Boca Raton, FL 33487
("Global Tower"), commencing on date Global Tower begins construction at the site (the "Commencement Date"),
which shall be confirmed in writing from Global Tower 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 Global Tower the Premises, subject to
the terms and conditions of the License. The License provides for the License by the County to Global Tower of the
Premises for [a/an initial] term of () years with _ renewal option(s) of an additional () years each, and
further provides:
1. County will attom to any mortgagee of Global Tower and will subordinate any County's lien to the liens of
Global Tower's mortgagees;
2. The License restricts County's ability to utilize, or allow the utilization of its adjacent property for the
construction, operation and/or maintenance of communications towers and related facilities;
3. The Premises may be used exclusively by Global Tower and the Count v for all legal purposes, including
without limitation, erecting, installing, operating and maintaining radio and communications towers, buildings, and
equipment;
and,
4. Global Tower is entitled to sublicense the Premises, including any communications tower located thereon;
5. Under certain circumstances, Global Tower has a right of first refusal to acquire the Premises from County.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK,
SIGNATURES BEGIN ON NEXT PAGE]
IT01
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM OF LICENSE as of the date last signed
by a party hereto.
Global Tower Assets, LLC,
a Delaware limited liability company
BY:0 D
Terry Arm
Senior Vici o evel men
WITNESS:
WITNESS:
(Corporate seal is acceptable in place of witnesses)
Attest: Jeffrey K. Barton, Clerk of Court
By:
Deputy Clerk
Approved as to form and legal sufficiency
William K. DeBraal
Deputy County Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
L. Bowden, Chairman
BCC Approved:
Approved:
LM
Joseph A. Baird
County Administrator
The foregoing instrument was acknowledged before me this day of 2008, by Terry
Armant, the Sr. VP -Development of Global Tower Assets, 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:
Notary Public
17
2008.
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
EXHIBIT 1
Premises is depicted as follows and shall be replaced with s surveyed legal description when available
[::
Global Tower Site Number: FL -5586
Global Tower Site Name: Vero Beach
EXHIBIT 1
Description of Parent Tract
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DESCRppN OF PAFRENT TRACT
AS OfSCRIOED /N O.R.B. ?51, PACE Z
#ADW
w
THE 5 t � 65
SOUTH 4(l E SW SE 4114 OP 4SS �WT140 FOOT RO40 RIGHT--OF—WAY
RANGE 3n FEET OF
EAST AND: /4 OF SECTION 33, TOWNSHIP 3AND LESS
SOUTH I(' ACRES OF N SOUTH.
RANGE 3u EAST. E I/4 OF SW I/4 OF SECTION 33, TOWNSHIP 31 EAST'
DE''3CRfP-rl0
N /-�LI-'�
•.�PSD LEg9E PARCEL
A PARCE( OF LAND LYING
OF SECTfTN t! TnyyrIIIN3iH5�aj�HONE R�hf�' HALF
OF THE SOUTHWEST nNr ryld.RlFo
DE5CRIBr'.0 AS FOLLOWS. COMMENCE'AT THE SECTION 33, PROCEEp SOUTH g0 BEING
SECTION
I`Al IOF�jY
SAID SECTION 33 A plgT 00`" E�7SOUTHW
EAST A DISTANCE OF 389w3J FEE177'70 ,513 FEET, "DHC THE SOUTH
SOUTH 46.16654' W TO THETHENCE NORTH X00' O� '
WEST A )ISTANCE OF A DISTANCE OF 2o,0POINT OF THE
NCE
DO THEan FEET: THENCE SOUTH 04J'43M06" CE NORTH j6 -16v 54E EAST A DISTANCE
DINT OF BEGINNING, EAST A D15TANr DISTANCE
CONTAINIVG 1 E OF 30.00 FEET
000 SQUARE FEET MORE OF LESS,
i
1
Notes
1 • NIS C-URVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP
2_ BASIS OF BEARINGS IS ASSUMED, HOLDING THE C
ROAD AS DFARING SOUTH 90% 00' OD` W
E►'1TERLiNE OF HOBARt
3 ELEVATIONS SHOWN EST.
(INDUN RIVER COUNTY EON ARE BASED ON "HO
NORTH END CONCRETE H URVEv DEPT. BENCHMABR�Ki)T ROAD TBM �g~
ISELED
24.74 PXh
EST N G. D. 1929 �A X770 ST,), Cf ARA iJG gN�I�ECTION OF
4. 1 A"ne r,..,,.... ) AS SUPPLIED 9r SAID Stlavcv ��ATION_OF
G
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ti
Global Tower Site Number: FL -5586
Global Tower Site Name: Vero Beach
EXHIBIT 2
The Premises is depicted/described as follows and will be replaced by a surveyed legal description when available
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GTP Site ID: FL -5586
GTP Site Name: Vero Beach
EXHIBIT 1
Premises is depicted as follows and shall be replaced with s surveyed legal description when available
3
A4.
Retum to:
Global Tower, LLC
1801 Clint Moore Rd.
Suite
Boca Raton, FL 33487
Site Name: FL -5586
Site Number. Vero Beach
MEMORANDUM OF LICENSE
This Memorandum of License evidences a License ("License") between Indian River County
("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960 and Global Tower Assets, LLC, a
Delaware limited liability company, whose mailing address is 1801 Clint Moore Road, Boca Raton, FL 33487
("Global Tower"), commencing on date Global Tower begins construction at the site (the "Commencement Date"),
which shall be confirmed in writing from Global Tower 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 Global Tower the Premises, subject to
the terms and conditions of the Licgnse. The License provides for the License by the County to Global Tower of the
Premises for [a/an initial] term of _ fin (14 years with I renewal option(s) of an additional 4, OV4. (Sjyears each, and
further provides:
1. County will attorn to any mortgagee of Global Tower and will subordinate any County's lien to the liens of
Global Tower's mortgagees;
2. The License restricts County's ability to utilize, or allow the utilization of its adjacent property for the
construction, operation and/or maintenance of communications towers and related facilities;
3. The Premises may be used exclusively by Global Tower and the County for all legal purposes, including
without limitation, erecting, installing, operating and maintaining radio and communications towers, buildings, and
equipment;
and,
4. Global Tower is entitled to sublicense the Premises, including any communications tower located thereon;
5. Under certain circumstances, Global Tower has a right of first refusal to acquire the Premises from County.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK,
SIGNATURES BEGIN ON NEXT PAGE]
1
GTP Site ID: FL -5586
GTP Site Name: Vero Beach
IN WITNESS WHEREOF, the parties hereto have executed this MEMORANDUM OF LICENSE as of the date last signed
by a party hereto.
Global Tower Assets, LLC,
a Delaware limited liability company
BY: l
Terry Armant
Senior Vice President of Development
WITNESS:_
(Corporate seal
in place of witnesses)
Attest: Jeffrey K. Barton, Clerk of Court
Deputy Clerk
Approved as to form and
Deputy County Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
BOARD OF COUNTY COMMISSIONERS
INDIAN RWER COUNTY, FLORIDA
Wesley S. Davis; Vic&Chairman
BCC Approved: November 4, 2008
Approved*
By
Jos :..A. Baird
rlCounty Administrator
The foregoing instrument was acknowledged before me this 22 day of 0cJro6 r' , 2008, by Terry
Armant, the Sr. VP -Development of Global Tower Assets, 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 22 day of Oc+ Ler , 2008.
My Commission Expires:
r-�19 2012,
LANA M. CABRERA
=' :': MY COMMISSION # DD760298
. EXPIRES February 19, 2012
(407) 398-0153 Florldallotary3ervibexam
L