HomeMy WebLinkAboutAgreement_Franchise Agreement_09/28/2001t1
,, ,
• ~ •
•
COMMUNICATIONS SITE LICENSE AGREEMENT
Aprtl 99
Site Name VILLAGE OF TEQUESTA -WATER TREATMENT PLANT Sitg I. D. MI 42XC057
Addreas__ 9l}I Old Dixie Niehwav. Teauesta. FL 33469
~,p~/~
This Comnuutications Site License Agreement (Ground) ("Agreement") is entered into this~~ day of / -
2001, between Village of Tequesta, a Florida municipal corporation with an office at 250 Tequesta Drive #300, Tequesta, Florida
33469-0273 ("Licensor"), and Sprint Spectrum L.P., a Delaware limited partnership, d/b/a Sprint PCS with an address of 1357
Hembree, Suite 100, Roswell, GA 30076 ("Licensee").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree
as follows:
1. Premises.
Licensor is the owner of a 9.38 acre parcel of land (the "Land"} known as Tequesta Water Treatment Plant, 901 Old Dixie
Highway, Tequesta, FL 33469 located in Tequesta, County of Palm Beach, State of Florida commonly known as the Village of
Tequesta. Licensor licenses to Licensee, land consisting of approximately J yDfl square feet upon which Licensee will
construct its equipment base station and antenna structure, space required for cable runs to connect PCS equipment and antennas in
the location(s) ("Site") shown on Ezhibit A {legal description and site sketch), Ezhibit A-1 (photo simulation of Instailation);
and Ezhibit B {engineering drawings prepared by ARCADIS, GERAGHTY & MILLER, which shall be replaced in the futwe
by final approved construction drawings or as-built drawings}, which Exhibits are attached hereto and made a part hereof, together
with anon-exclusive easement for reasonable access thereto, and to the appropriate, in the discretion of the Licensee, source of
electric and telephone utilities.
_ 2. Use.
The Site may be used by Licensee for the installation, maintenance, operation, replacement, repair and removal of Licensee's
Facilities, as defuted below, including the transmission and reception of radio signals, subject to approval by the Village Councilat'
pursuant to Village Code, subsequent to a public hearing, and any other applicable approvals re uired by the Tequesta Village
Code. y q
3. Tests and Construction. /~ ! , ~•
Licensee shall have the right at any time following the full execution of this Agreement to enter upon the Land for the purpose of
making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and
constructing the Licensee's Facilities (as defined in Paragraph ti(aj below}.
4. Term.
The term of this Agreement shall be ten (10) years commencing upon construction of Licensee's Facilities {"Commencement
Date"), unless otherwise terminated as provided in Paragraph 10. Licensee shall have the right to extend the term for two {2)
successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shalt
automatically be extended for each successive Renewal Term, unless Licensee notifies Licensor of its intention not to renew not
less than ninety (90) days prior to the expiration of the initial term or any renewal term,
5. Rent. y
i
(a) Upon execution o thi Agreeme t ('e r refe ed to as the ("Commencement Date"}, Licensee will pay Licensor a
one-time aggregate payment of One Hundred Dollazs ($100.00}, the receipt of which Licensor hereby acknowledges. ThereaRer,
on the date of the issuancaef~the-tee of a building permit, the entire amount of rent for the fast five (5} year period which is
Twenty Fow Thousand Dollars ($24,000.00} annually, plus a three percent (3%} annual increase, shall be pard to the Licensor in
the amount of One Hundred and Twenty Seven Thousand, Fow Hundred and Nineteen Dollars and Thirty Cents {5127,41934),
which sum includes the entire amount of annual rent for the initial five (5) year period, plus the amount of the annual increase for
the initiai five (5) year period. Rent shall be payable to Licensor at 250 Tequesta Drive, Suite 300, Tequesta, Florida 33469,
Attention: Village Manager.
CIibPDF - www.fastio.com
~~
°~
. ,. ! ~
(b) Following the termination of the initial five (5) year period of the license term, the rent due hereunder will be paid in
advance of each five (5) year period, and the rent shall be increased annually, and paid on each anniversary of the Commencemett
Date, to an amou»t equal to the Treater of: (i) the amount of the rent payable during the preceding five (S) year period increased by
three percent (3%) annually with said amounts as follows:
SECOND S-YEAR PERIOD: S147,713.80
THIRD S-YEAR PERIOD: S171,240.80
FOURTH 5-YEAR PERIOD: 5198,515.10
or, (ii~ie percentag~hange in the C conunencing on the first day of the month which is two calendar months prior to the
Commencement Date and ending on the last day of the month which is two calendar months prior to the expiration of the then
current five (5) year period. "CPI" means the Consumer Price Index-U.S. City Averages for Urban Wage Earners and Clerical
Workers (1982-84=100) published by the Untied States Department of Labor, Bureau of Labor Statistics (or reasonably equivalent
'ndex, j~,such index is discontinued).
//r/ ~li' 4
(c) Licensee shall9lta~ a exclusive right to collect apro-rata share of the development costs of the common elements of the
PCS facility, in the event that the Tower or common elements are licensed by the Licensor to additional licensees or tenants.
"Common Elements" of the Licensee's PCS facility shall include, but not be limited to, the ground ring, pad/foundation,
fencing/enclosure, tower/flagpole, site preparation costs (i.e.: engineering, surveying, environmental and other fees and cost for
professional and other services) required for the development of the Common Elements of the PCS facility escalated at an annual
rate equal to the rate of escalation of the Agreement. Development Costs shall not include the costs associated with the installation
of equipment, improvements, fixtures, dishes, lights, switches, batteries, grids, antenna(s), lines, accessories, appurtenances, or
services necessary for the exclusive use by Licensee, its affiliates, or assignees. Licensee will provide Licensor with an itemized list
of Development Costs. Licensor shall not authorize any third party to begin installation of its equipment on the Common Elements
of the PCS facility unless and until, the third party has paid Licensee in full, its required pro-rata share of the Development Costs.
(d) Licensor shall have the exclusive right to license additional space on the Tower to third party co-locators and collect the
rent therefrom, subject to the provisions of this Agreement in general, and the provisions pertaining to interference as set forth in
Paragraph 7 herein and the payment of the pro-rata share of the Development Costs as provided in this Paragraph.
6. Faclltties: Utilities: Access.
(a) Licensee shall erect, maintain and operate on the Site, a telecommunications facilities, including without limitation, an
antenna pole (`"Tower") and foundation, utility lines, transmission lines, electronic equipment, radio transmitting and receiving
antennas, supporting equipment and structures thereto (collectively referred to herein as "Licensee's Facilities"), all as approved on
E:hibit B, attached hereto and as tray be modified through the Licenser's zoning and site plan approval process.
Licensee has the right to do all work necessary to prepare, maintain and alter the Site for Licensee's business operations and in
accordance with approvals by the Licensor to install transmission lines connecting the antennas to the transmitters and receivers.
All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense and in a good and
workmanlike manner.
Title to the Licensee's Facilities shall be held by Licensee. All of Licensee's Facilities shall retrain Licensee's personal property
and are not fixtures. Licensee has the right to and shall remove all Licensee's Facilities, at ifs sole expense on or before the
expiration or earlier termination of the Agreement; provided, Licensee repairs any damage to the Site caused by such removal.
Should Licensee fail to remove Licensee Facilities from the Land within sixty (60) days of termination or earlier expiration of the
Agreement, Licensor may remove and store Licensee Facilities at Licensee's sole cost and expense. If Licensee does not claim
Licensee's Facilities, and provided that Licensor has given Licensee and any third party financing entity sixty (60) days prior
written notice, the Licensee's Facilities shall be deemed abandoned. Upon expiration or earlier termination of the Agreement, such
termination resulting through no fault of Licensor, Licensee, at the Licensor's sole discretion, shall transfer full, marketable title for
the Tower and the Common Elements as defined herein, free and clear of any claim by the Licensee or any third party, to Licensor
without charge. In the event that the Site is abandoned by Licensee, Licensor shall have the right to transfer and convey marketable
title to the Tower and the Common Elements, free and clear of any claim by Licensee or any third parry.
CIibPDF - www.fastio.corn
~,~~
{b) Licensee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility
company. Licensee shall have the right to draw electricity and other utilities an the Land by obtaining separate utility service from
any utility company that will provide service to the Land (including a standby power generator for Licensee's exclusive use).
Licensor agrees to sign such documents or easements as may be required by said utility companies to provide such service to the
Site, including the grant to Licensee or to the servicing utility company at no cost to the Licensee, of an easement in, over across or
through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement
necessary for such power or other utilities will be at a location acceptable to Licensor and the servicing utility company.
{c) Licensee, Licensee's employees, agents, subcontractors, lenders and invitees shall have access to the Site without notice to
Licensor twenty-four {24) hours a day, seven {7) days a week, at no charge, subject to said activities not interfering with activities
of the Licensor on the Site. Licensor grants to Licensee, and its agents, employees, contractors, guests and invitees, a non-
exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Land described in Ezhiblt B.
{d) Licensor shall maintain all access roadways from the nearest public roadway to the Site in a manner sufl`scient to allow
pedestrian and vehicular access at all times under normal weather conditions. Licensee shall be responsible for repairing any
damages it causes, at its sole expense, except for any damage caused by Licenser's use of such roadways.
{e) Prior to commencing construction or modifications of the Licensee's Facilities, other than routine maintenance or the
replacement of like equipment, Licensee shall obtain all required Governmental Approvals. It is Licensee's sole responsibility to
obtain, at Licensee's sole cost and expense, any and all permits, licenses, and approvals from local, state or federal governmental
authorities as required by law for the construction and operation of the Licensee's Facilities {collectively, the "Governmental
Approvals"). Licensor agrees to reasonably cooperate with Licensee, at no additional cost to the Licensee, and to execute such
documents reasonably required to obtain the Governmental Approvals. Licensee shall install aad maintain, at its sole expense, all
landscaping as required and approved by the Village of Tequesta. This Agreement does not constitute an abrogation of Licensor's
governmental regulatory land development powers..
7. Interference.
(a) Licensee shall operate the Licensee's Facilities in a manner that will not cause interference to Licensor and other licensees
of the Land, provided that their installations predate that of the Licensee's Facilities. All operations by Licensee shall be in
compliance with all Federal Communications Commission {"FCC") requirements.
{b) Subsequent to the installation of the Licensee's Facilities, Licensor shall not permit itself, its licensees to install new
equipment on the Site. Land or property contiguous thereto owned or controlled by Licensor, if such equipment will cause
interference with Licensee's operations. Such interference shall be deemed a material breach by Licensor. In the event interference
occurs, Licensor agrees to take all reasonable steps necessary to eliminate such interference, in a reasonable Eime period.
8. Tazes.
if personal property taxes are assessed Licensee shall pay any portion of such taxes directly attributable to the Licensee's Facilities.
Licensor shall pay all real property taxes, assessments and deferred taxes on the Land. Licensee shall reimburse Licensor for any
increase in real estate taxes directly attributable to Licensee's Facilities within sixty (60) days of receipt from Licensor of sulincient
documentation from the taxing authority indicating the increase is due to Licensee's improvements.
9. Waiver olLlcensor's Llen.
Licensor waives any lien rights it may have concerning the Licensee's Facilities, which are deemed Licensee's personal property
and not fixtures, and Licensee has the right to remove the same at any time without Licenso>"s consent.
10. Terminatlan.
This Agreement tray be terminated without further liability on thirty {30) days prior written notice as follows: (i) by either parry
upon a default of any covenant or term hereof 6y the other party, which default is not cured within sixty (b0) days of receipt of
written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice; or (ii) by
Licensee for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than
thirty (30) days prior to the Commencement Date; or {iii) by Licensee if it does not obtain or maintain any license, pernrit or other
approval necessary for the construction and operation of Licensee's Facilities; or {iv) by Licensee if Licetsee is unable to occupy
and utilize the Site due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or
(v) by Licensee if Licensee determines that the Site is not appropriate for its operations for economic or technological~asons,
including, without limitation, signal interference. ~~1 ~,
CIibPDF - www.fastio.com f ++~
. •
11. Destruction or Condemnation.
If the Site or Licensee's Facilities are damaged, destroyed, condemned or transfernd in lieu of condemnatioq Licensee may elect
to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving
notice to Licensor no more than forty-five (45} days following the date of such damage, destructioq eondennration or transfer in
lieu of condemnation. If Licensee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the
actual reduction or abatement of use of the Site.
12. Insurance.
Licensee, at Licensee's sole cost and expense, shall procure and maintain on the Site and on the Licensee's Facilities, bodily injury
and property damage insurance with a combined single limit of at least Two Million and 00/100 Dollars (52,000,000.00} per
occur ence. Such insurance shall insure, on an occurrence basis, against all liability of Licensee, its employees and agents arising
out of or in connection with Licensee's use of the Site, all as provided for herein. Licensor shall be named as an additional insured
on Licensee's policy. Licensee shall provide to Licensor a certificate of insurance evidencing the coverage required by this
paragraph within thirty (30) days of the Commencement Date.
13. Waiver of Subroeatlon.
Licensor and Licensee release each other and their respective principals, employees, representatives and agents, from any claims
for damage to any person or to the Site or to the Licensee's Facilities thereon caused by, or that result from, risks insured against
under any insrurance policies carried by the parties and in force at the time of any such damage. Licensor and Licensee shall cause
each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation
against the other in connection with any damage covered by any policy. Neither Licensor nor Licensee shall be liable to the other
for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12.
14. Assignment.
Licensee may not sublet, or otherwise transfer all or any part of its interest in this Agreement or in the Site; provided; however, that
Licensee may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-
interest or entity acquiring fifty-one percent (5l%) or more of its stock or assets, subject to any financing entity's interest, if any, in
this Agreement as set forth in Paragraph 9 above. Licensor may assign this Agreement upon written notice to Licensee, subject to
the assignee assuming all of the Licensee's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver
of Licensoe's Lien"} above. This Agreement shall run with the property and shall be binding upon and inure to the benefit of the
parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained
in this Agreement, Licensee etmy assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest
in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Licensee {i} has obligations for
borrowed money or in respect of guaranties thereof, {ii} has obligations evidenced by bonds, debentures, notes or similar
instruments, or {iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect
of guaranties thereof. Licensee may sublet, subject to amendment of the development order for Licensee's Facility.
15. Warranty of Title and Ouiet Eniovment.
Licensor warrants that: (i} Licensor owns the Land, including the Site, in fee simple and has rights of access thereto and the Land
is free and clear of all liens, encumbrances and restrictions; (ii) Licensor has full right to make and perform this Agreement; and
{iii} Licensor covenants and agrees with Licensee that upon Licensee paying the Rent and observing and performing all the terms,
covenants and candidons on Licensee's part to be observed and perforer~d, Licensee may peacefully and quietly enjoy the Site.
~ y ~- ~i/
16. Repairs.
Licensee shall be required to make any repairs to the Site during the License term that were not necessitated by the negligence or
willful misconduct of Licensor or its agents. Licensor shall not be responsible for the repair of damage caused by Licensee to the
Land. Except as set forth in Paragraph ti(a} above, upon expiration or termination hereof, Licensee shall restore the Site to the
condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond
Licensee's control excepted.
CIibPDF - www.fastio.com
~b
17. Hazardous Substances.
•
Licensee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in
violation of any law or regulation. Licensor states that to the best of its knowledge (1) that Licensor has not used, generated, stored
or disposed of, ar permitted the use, generation, storage or disposal of, any Hazardous Material (defined below) on, under, about or
within the Land in violation of any law or regulation, and (2) that Licensor will not, and will not permit any third party to use,
generate, store ar dispose of any Hazardous Material on, under, about or within the Laad in violation of any law or regulation.
Licensee shall procure the performance of a Phase I environmental assessment for the Site, and shall provide a copy of the
environmental assessment report to Licensor, the parties hereby agree that the results of the report shall be determinative of any
pre-existing/existing contamination or presence of any hazardous materials on the Site. As used in this paragraph, "Hazardous
Material" shall mean petroleum or any petroleum product, asbestos, any substance known by the state in which the Land is located
to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or
dangerous in any applicable federal, state or local law or regulation.
18. Liability and Indemnity.
Licensee and Licensor each indemnifies the other against and holds the other harmless from any and all costs (including reasonable
atrorneys' fees) and claims of liability or loss which arise out of the ownership, use or occupancy of the Site by the indemnifying
patty, provided however that nothing set forth herein shall be considered or construed as a waiver of Licensor's sovereign
immunity protections and the limitations of liability set forth in Section 768.28, Florida Statutes, as amended from time to tithe.
This indemnity does not apply to any claims arising out of the sole negligence or intentional misconduct of the indemnified patty.
The duties described in Paragraph 18 survive termination of this Agreement.
19. Miscellaneous
(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers,
negotiations and other agreements concerning the subject matter contained herein Any amendments to this Agreemem must be in
writing and executed by both parties.
(b} If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement
or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall hat be affected
and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c} This Agreement shall be binding on and inure to the benefit of the heirs, successors, administrators and assignees of the
respective parties.
(d} Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or
reliable overnight courier to the address ofthe respective parties set forth below:
Licensor: Village of'Tequesta
Village Manager
250 Tequesta Drive Suite 300
Tequesta, Fl. 33469-0273
Licensee: Sprint PCS License Management
South East Region
1357 Hembree, Suite 100
Roswell, GA 30075
With a copy to: Sprint Law Department
Attn: Real Estate Attorney
6391 Sprint Parkway
Mailstop KSOPHTO101-2,2020
Overland Park, KS 56252-2020
Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the other party. All
notices hereunder shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Florida.
CIibPDF - www.fastio.com
i ~
• (f) Licensor acknowledges that a Memorandum of Agreement in the form attached hereto as Exhibit C will be recorded by
Licensee in the official records of the County where the Land is located. In the event the Land is encumbered by a mortgage or
deed of trust, Licensor agrees to obtain and furnish to Licensee aNon-Disturbance and Attornment instrument for each such
mortgage or deed of trust and that Licensee, at its sole cost and expense, shall record a release of such Memorandum of Agreement
upon expiration or earlier termination hereof.
(g) Licensee may obtain title insurance on its interest in the Land. Licensor shall cooperate by executing documentation
required by the title insurance company.
{h) In any case where the approval or consent of one parry hereto is required, requested or otherwise to be given under this
Agreement, such party shall not unreasonably delay or withhold its approval or consent.
{i) All Riders and Exhibits annexed hereto form material parts of this Agreement. The following Exhibits are attached to, and
made a part of this Agreement: Exhibit A: Legal description acrd Site sketch;
Exhibit A-1: Photo simulation of installation;
Exhibit B: Engineering drawings prepared by ARCADIS, GERAGHTY & MILLER;
Exhibit C: Memorandum of PCS Site License Agreement.
(j} This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original
(k). The prevailing parry in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the
terms of this Agreement, is entitled to receive its reasonable attorney's fees and other reasonable enforcement costs and expenses
from the non-prevailing party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
LICENSOR:
Signed, sealed and delivered in the presence of:
Village of Tequesta
a Florida unicipal corporation
By: ~~_~
Print Name `` AA yLoE:c-.,.~ ~ ~r?.u_w
Title: ~`~''1°`~
Attest:
Village Clerlk~j 1 r ~J
Federal Tax ID#: / r ~`~ ~D"
STATE OF FLORIDA
COUNTY OF PALM BEACH
CIibPDF - www.fastio.coin
2 ~ ~~ ~~~
,ed before me this ~ day of
Mayor of Village of Tequesta, a Florida municipal corporation, h rs ersona
as identification and who did (di no take as
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
(~~~
LICENSEE:
Signcd, sealed and dclivered in the presence of:
Witncss ,.~-
Print Name -~-t'~L~/l+ M,c l~Ott
~~-
witness n
Print Name: ~ti ~ ~ S~~
Sprint Spcctnun L.P., a Delaware
limited partnership d/b/a Sprint PCS
sy: '
Print Name: ,J~-1~~5 ~. V~C.~N~
Title: `~~ ~ j~'V ~UrIG~ 1 ~l ~~r
STATE OF ~~9~2lO /.$
COUNTY OF %`TiL`tDnl
The forcgo' g instrument s acknowledged bcfore me day of ~yLy 2001, by
i as i~~~y~ of Sprint Spectnun
L.P. a Delaware limited partrership who is pe~ors Wally known to me or who has pmduccd
as identification and who did (did not) take an oath.
WITNESS mY hand and official seal.
Notary Pu~y~~ ~+ ~~~~w
Print Name
My commission expires: ~ nrCOO°~18~°
CIibPDF - www.fastio.com
EXHIBIT A
SITE DESCRIPTION
Site situated in the Village of Tequcsta, County of Palm Beach, State of Florida, and County of Palm Beach, commonly
described as follows:
Legal Description:
Sketch of Site:
Licensor
Licensee
CIibPDF - www.fastio.com
•
EXHIBIT "A"
•
A 60.00 FOOT BY 40.00 FOOT PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 54 SOUTH,
RANGE 40 EAST, BEING A PART OF THE VII..LAGE OF TEQUESTA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE-QUARTER (NW %.) OF
THE NORTHWEST ONE-QUARTER (NW %,) OF SAID SECTION 30; THENCE NORTH 00 09'57" W
ALONG THE EAST LINE OF SAID NW %. OF THE NW %., A DISTANCE OF 553.63 FEET; THENCE
SOUTH 52 34'05" WEST, A DISTANCE OF 229.81 FEET TO THE POINT OF BEGIlVNING OF THE
SPRINT PCS LEASE AREA; THENCE CONTINUE SOUTH 52 34'05" WEST, A DISTANCE OF 40.00
FEET; THENCE NORTH 35 32'56" WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 52 34'05"
EAST, A DISTANCE OF 40.00 FEET; THENCE SOUTH 35 32'56" EAST, A DISTANCE OF 60.00 FEET
TO THE POINT OF BEGINNING. CONTAINING 2,400 SQUARE FEET, MORE OR LESS.
CIibPDF - www.fastio.coiYt
__
_ . N - ... _
•
t,~~. .
.+ , ,
EXHIBIT B
•.a^,: ENGINEERING DRAWINGS
,,, • See attached drawings prepared by ARCADIS, GERAGHTY & M[LLER, and Dated ? , 2001.
:,
;A
lr '
~i ~
~ f
15 }
• ~,,
may, .~
~~.
i~ is
~~,
e 1
,1
CIibPDF - www.fastio.com
cr
~~ ~~ ~~*~ • ~r~~rrw~r~~Nrr'~r~r
1!/l9/2801 e6:49:46 2Mit115il1eJ721
oa eK >l~ po e»
Palm Beach County, Florida
Signed, sealed and delivered in the presence of:
EXHIBIT C
PREPARED BY:
Michael Christiansen
Mastriana & Christiansen
1500 N. Federal Highway
Suite 200
Ft. Lauderdale, FL 33304
RETURN TO:
Michael Christiansen
Mastriana & Christiansen
1500 N. Federal Highway
Suite 200
Ft. Lauderdale, FL 33304
Site Name: Tequesta
Site Address: 901 Old Drrie Highway, Tequesta, FL 33469
MEMORANDUM OF PCSL,SCfE LICENSE AGREEMENT
Site ID: MI 42XC057
This Memorandum of Agreement evidences that a communications Site License Agreement was made and entered into by written
Agreement dated September 28.2001 by and between Village of Tequesta, a Florida municipal corporation, with an address at 250
Tequesta Drive, Suite 300, Village of Tequesta, Tequesta, Florida 33469 (hereinafter referred to as "Liccnsor"j and Sprint
Spectrum L.P., a Delaware limited partnership, d/b/a Sprint PCS with an address of 1357 Hembree, Suite 100, Roswell, GA 30076
(hereinafter referred to as "Licensee").
Such Agreement provides in part that Licensor licenses to Licensee a certain site ("Site") located at 90l Old Dixie Highway,
Village of Tequcsta, County of Palm Beach, State of Florida within the property of the Licensor, which is described in Eshibit A
attached hereto, with a grant of easement rights for unrestricted rights of access thereto, and to electric and telephone utilities for a
term of ten (10) years commencing on tembtr 28. 2001, which term is subject to two {2) additional successive $ve (5) year
exttnsion periods by Licensee. ltOw ~_ 01
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first abovd written.
LICENSOR;
With !~ . LY~,1 ~
t Name:
t Name:
Village of Tequesta
a Florida municipal corporation
By:
Print
~/.
Title• C - u ~ C
Attest:
Village Clerk ////~~ I
' `v' `+
-~
CIibPDF - www.fastio.com
,;...•,•
enol~ ~ e~~
LICENSEE:
and delivered in the presence of
Sprint Spectrum L.P., a Delaware limited
partners ' , d/b/a Sprint PCS
By:
Title• ~ ~ S (~_ ~~ . ~7 1~~
Witness
Print Name:
STATE OF ~G~~ /!'~
couNTY o~ ~y~ 2n~/
The fo going ins nt was acknowledged fore me this ! day of V O/3 ~ , 2001, by
~, ~ r~S (~Ik , as ~~u'J't Sprint Spectrum L.P., a Delaware limited partnership, d/b/a Sprint
PCS who is personally known to me or who has produced as identification and who did
(did not) take an oath.
WITNESS my hand andof~icial seal.
Notary Public
~(iPi 57i 7'i nl
Print Name
My commission expires: ~~ d
.~,ry .. , .,- •
.r .~':! ~ ' .O~ r~8~ ~ ~Ir ~I~~. ~ tv
.%Y~ •-~
.. i ~
' r
CIibPDF - www.fastio.com
e .. . •:
EXHIBIT "A"
BOd~~A99 PAGE 8735
A 60.00 FOOT BY 40.00 FOOT PARCEL OF LAND LYING IN SECTION 30, TOWNSHIP 54 SOUTH,
RANGE 40 EAST, BEING A PART OF THE VILLAGE OF TEQUESTA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE-QUARTER (NW %.} OF
THE NORTHWEST ONE-QUARTER (NW '/4) OF SAID SECTION 30; THENCE NORTH 00 09'5?" W
ALONG THE EAST LINE OF SAID NW '/. OF THE NW %., A DISTANCE OF 553.63 FEET; THENCE
SOUTH 52 34'05" WEST, A DISTANCE OF 229.81 FEET TO THE POINT OF BEGINNING OF THE
SPRINT PCS LEASE AREA; THENCE CONTINUE SOUTH 52 34'05" WEST, A DISTANCE OF 40.00
FEET; THENCE NORTH 35 32'56" WEST, A DISTANCE OF 60.00 FEET; THENCE NORTH 52 34'05"
EAST, A DISTANCE OF 40.00 FEET; THENCE SOUTH 35 32'56" EAST, A DISTANCE OF 60.00 FEET
TO THE POINT OF BEGINNING. CONTAINING 2,400 SQUARE FEET, MORE OR LESS.
CfibPDF - www.fastio.com