Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 05C_06/14/2001 Mark�.: South Florida � � Site No.: M142XCO57 �. Site Name: Village of Tequesta COMMUIVICATIONS SITE LICENSE AGREEMENT This Communications 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 135'1 Hembree, Suite 100, Roswell, GA 300�6 ("Licensee"). For good and valuable consideratian 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") lrnown as Tequesta Water Treatment Plant, 901 Old Dixie Highway, Tequesta, F`L 33469 located in Tequesta, County of Palm Beach, State of Florida commonly lrnown as the Village of Tequesta. Licensor licenses to Licensee, land consisting of approximately square feet upon which Licensee will construct its equipment base station and antenna structure, space reqiured for cable runs to connect PCS equipment and antennas in the location(s) ("Site") shown on Exhibit A(legal description and site sketch), Eghibit A-1(photo simulation of installatiou); and Ezhibit B(engineering drawings prepared by ARCADIS, GERAGHTY & MILLER, which shall be replaced in the future by finaJ approved construction drawings or as-built drawings), which Exlubits are attached hereto and made a part hereof, together with a non-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 defined below, including the transmission and reception of radio signals, subject to approval by the Village Council at pursuant to Village Code, subsequent to a public hearing, and any othez applicable approvals required by the Tequesta Village Code. 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 maldng appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessaxy tests and constructing the Licensee's Facilities (as defined in Paragraph 6(a) 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 shall 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 eaTpiration of the initial term or any renewal term. 5. Rent. (a) Upon execution of this Agreement (hereinafter referred to as the ("Commencement Date"), Licensee will pay Licensor a one-time aggregate payxnent of One Hundred Dollars ($100.00), the r�ceipt of which Licensor hereby acknowledges. Thereafter, on the date of the issuance of the issuance of a building permit, the enrire amount of rent for the first five (5) year period which is Twenty Four Thousand Dollars ($24,000.00) annually, plus a three percent (3%) annual increase, shall be paid to the Licensor in the amount of One Hiuidred and Twenty Seven Thousand, Four Hundred and Nineteen Dollars and Thirty Cents ($127,419.30), which sum includes the entire amount of annual rent for the initial five (S) year period, plus the arnount of the annual increase for the initial five (5) year period. Rent shall be payable to Licensor at 250 Tequesta Drive, Suite 300, Tequesta, Florida 33469, Attention: Village Manager. (b) Following the ternunation of the initial five (5) year period of the license term, the rent due hereunder will be paid in advance of each ffve (5) year period, and the rent shall be increased annually, and paid on each anniversary of the Commencement Date, to an amount egual to the greater of: (i) the amount of the rent payable during the preceding five (5) year period increased Market.: South Florida '. Sitel�Io.: M142XCO57 Site Name: Village of Tequesta by three percent (3%) annually with said amounts as follows: SECOND 5-YEAR PER.IOD: $147,713.80 THIRD 5-YEAR PERIOD: $171,240.80 FOURTH 5-YEAR PERIOD: $198,515.10 FIFTH 5-YEAR PERI4D: $230,133.40 or, (ii) the percentage change in the CPI commencing 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 index, is such index is discontinued). (c) Licensee shall have the exclusive right to collect a pro-rata share of the development costs of the common elernents of the PCS facility, in the event that the Tower or common elements are licensed by the Licensor to additional licensees or tenants. "Coxnmon Elements" of the Licensee's PCS faciliry shall include, but not be limited to, the gound ring, pad/foundation, fencingJenclosure, 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 Comtnon Elements of the PCS facility escalated at an annual rate equal to the rate of escalation of the Agreement. Development Costs shal� 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 payxnent of the pm-rata share of the Development Costs as provided in this Paragraph. 6. Facilities; 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, sup�porting equipment and structures thereto (collectively referred to herei.n as "Licensee's Facilities"), a11 as approved on Exhibit B, attached hereto and as may be modified through the Licensor'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. AlI 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 remain Licensee's personal properry and are not fi�nres. Licensee k�as the right to and shall remove all Licensee's Facilities, at its 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 siaty (60) days of termination or earlier ea�piration 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 parly financing entity sixty (60) days prior written notice, the Licensee's Facilities shall be deemed abandoned Upon ezcpiration or earlier termination of the Agreement, such termination resulting throu,gh no fault of Licensor, Licensee, at the Licensor's sols discretion, sha11 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 claxm by Licensee or any third pariy. (b) Licensee shall pay for the electricity it consumes in its operations at th� rate charged by the servicing utility company. Licensee sha11 have the right to draw electricity and other utilities on the Land by obtaining separate utility service from any utiliry 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 iq over across or through the Land 2 I Market.: South Florida SiteNo.: M142XCO57 SiEe Natne: Viilage of Tequesta 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 sha11 have access to the Site without notice to Licensor twenty-four (24) hours a day, seven (7) days a week, at no charge, �ubject 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 Eahibit B. (d) Licensor shall maintain all access roadways from the nearest public roadway to the Site in a manner sufficient to allow pedestrian and vehicular access at all times under norma] weather conditions. Licensee shall be responsible for repairing any damages it causes, at its sole expense, except for any damage caused by Licensor's use of such roadways. (e) Prior to commencing construction or mddifications of the Licensee's Facilities, other than routine maintenance or the replacement of like equipment, Licensee shall obtain all required Govemmental 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 govemmental authorities as required bq law for the construckion 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 dociunents reasonably required to obtain the Governmental Approvals. Licensee shall install and maintaiq at its sole expense, all landscaping as required and approved by the Village of Tequesta. This Agreement dces 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 Licens�e's operations. Such interFerence shall be deemed a material breach by Licensor. In the event interference occurs, Licensor agrees to take a11 reasonable steps necessary to eliminate such interference, in a reasonable time period S. Tages. If personal properly taxes are assessed, Licensee sha11 pay any portion of such taxes directly attributable to the Licensee's Facilities. Licensor shall pay all real property taxes, assessments and defened taxes an 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 sufficient documenta�ion from the ta�ng authority indicating the increase is due to Licensee's improvements. 9. Waiver of Licensor's Lien Licensor waives any lien riglnts it may have concerning the Licensee's Facilities, which are deemed Licensee's personal property and not fia�tures, and Licensee has the right to remove the same at any time without Licensor's consent. 10. Termination This Agreement may be terminated without further liability on thirty (30) days prior written notice as foIlows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) 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 (ui) by Licensee if it dces not obtain or maintain any Iicense, permit or other approval necessary for the construction and operation of Licensee's Facilities; or (iv) by Licensee if Licensee 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 reasons, inclnding, without limitation, signal inferference. 11. Destruction or Condemnation If the Site or Licensee's Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Licensee may elect Matket.: South Florida SiteNo.: Mi42XCO57 Site Name: Village of Tequesta to ternunate 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 darnage, destruction, condemnation or transfer in lieu of condemnation. If Licensee chooses not to terminate this Agreement, Rent shall be reduced or abated in proporkion to fhe actual reduction or abatement of use of the Site. 12. Insurance. Licensee, at Licensee's sole cost and e�ense, 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 ($2,000,000.00) per occurrence. 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 naxned as an additional insured on Licensee's p�licy. 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 Subrogation. 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 bry, or that result fram, risks insured aga.inst under any insurance 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 subrog�tion 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. Assi�nmen� 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 (51%) 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 maq assign this Agreement upon written notice to Licensee, subject ta the assignee assuming all of the Licensor's obligations herein, including but not limited to, those set forth in Paragraph 9("Waiver of Licensor'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. Notcvithstanding anything to the contrary contained in this Agreement, Licensee may 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, (ri) 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. Warrantv of Title and Quiet Eniovmen� 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; (u) Licensar has full ri,ght 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 conditions on Licensee's part to be observed and performed, Licensee may peacefully and quietly enjoy the Site. Licensor agrees to indemnify and hold harmless Licensee from any and all claims on Licensee's interest arising from any breach of any representation or warranty contained in this Paragraph 15. 16. Repairs. Licensee shall be required to tnake any repairs to the Site cturing 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 6(a) above, upon expiration or termination hereof, Licensee shall restore the Site to the condi#ion in which it existed upon execution herevf, reasonable wear and tear and loss by casualty or other causes beyond Licensee's control excepted. 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 lrnowledge (1) that Licensor has not used, generated, Markd.: South Florida Site No.: M142XC�57 Site Name: Village of Tequesta stored or dispased of, or pemritted 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 or dispose of any Hazardous Material on, under, about or within the Land 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 deterxninative of any pre-existing/existing contamination or presence of anq 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 canse cancer and/or reproductive to�ucity, and/or any substance, chemical or waste that is identified as hazardous, to�ric or dangerous in any applicable federal, state or locallaw or regulation. 1$. Liabilitv and Indemnitv. Licensee and Licensor each indemnifies the othez against and holds the other harmless frorn any and a11 costs (including reasonable attorneys' fees) and claims of liability or loss which arise out of the ownership, use or occupancy of the Site by the indemnifying parly, 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 time. This indemnity dces not apply to any claims arising out of the sole negligence or intentional misconduct of the indemnified parly. The duties described in Paragraph 18 survive termination of tlus A.greement. 19. Miscellaneous (a) Tius Agreement constiiutes 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 Agreement must be in writing and executed lry both parties. (b) If any provision of this Agreement is invalid or unenforceable with respect to any parly, 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 not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent pernutted by law. (c) This Agreement shall be binding on and inure to the benefit of the k�eirs, 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 of the respective parties set forth below: Licensor: Village of Tequesta Licensee: Sprint PCS License Management Village Manager South East Region 250 Tequesta Drive Suite 300 1357 Hembree, Suite 100 Tequesta, Fl. 33469-0273 Roswell, GA 30076 With a copy to: Sprint Law Department Attn: Real Estate Attorney 6391 Sprint Parkway Mailstop KSOPHTOlOI-Z2020 Overland Pazk, KS 66252-2020 Licensor or Licensee may from time to time designate any other address for this purpose by written notice to the other parly. All notices hereunder shall be deemed received upon actual receipt. (e) This Agreement sha11 be govemed by the laws of the State of Florida. (fl Licensor aclmowledges 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 a Non-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. Market.: Soutt► Florida SiteNo.: M142XCO57 Srte Name: Vi(lage of Tequesta ' (g) Licensee may obtain title insurance on its interest in the Land. Licensor shall cooperate by executing documentation required by the ritle insurance company. (h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such parly 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 E�ibits are attached to, and made a part of tlus Agreement: E$hibit A: Legal description and Site sketch; Exhibit A-1: Photo simulation of installation; Ezhibit B; Engineering drawings prepared t�y ARCADIS, GERf1GHTY & MII.LER; Exhibit C: Memorandum of PCS Site License Agreement. (j) This Agreement may be executed in duplicate counterparts, each of wluch shall be deemed an original (k). The prevailing party in any action or proceeding in court or mutually agreed upan arbitration proceeding to enforce the terms of this Agreement, is entitled to receive its reasonable attomey's fees and other reasonable enforcement costs and e�enses from the non-prevailing party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the daxe first above written. LICENSUR: Signed, sealed and delivered in the presence of: Village of Tequesta a Florida municipal corporation By: Witness Print Name: Print Name: Title: Witness: Print Name: Attest: Village Clerk Federal Tax ID#: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me tlus day of . 2pp1� tyy as Mayor of Village of Tequesta, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission e�ires: � (SIGNATUItES CONTINUED ON FOLLOWING PAGE) Market.: South Florida SiteNo.: M142XCO57 Site Name: Village of Tequesta LICENSEE: Signed, sealed and delivered in the presence of: Sprint Spectnun L.P., a Delaware limited partnership d/b/a Sprint PCS By: Witness Print Name: Print Name: Title: Witness Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2001, by as of Sprint Spectrum L.P. a Delaware limited partnership who is personally known to me or who has produced as identificaxion and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission expires: Market.: South Flarida Site No.: M142XCO57 Site Name: Village of Tequesta EI�IT A SITE DESCRIPTION Site situated in the Village of Tequesta, County of Pa1m Beach, State of Florida, and County of Palm Beach, commonly described as follows: Legal Description: Sketch of Site: I,icensor Initials Licensee Initials EXHIBIT B ENGINEERING DRAWINGS See attached drawings prepared by ARCADIS, GERAGHTY & MII,LER, and Dated , 2001. Market.: South Florida 9fteNo.: M142XCO57 Site Name: Viilage of Tequesta � EXHIBIT C PREPARED BY: Karen E. Roselli, Esq. Karen E. Roselli, P.A. Suite 260 Esperante $uilding 222 Lakeview Avenue West Palm Beach, Florida 33401 RETURN TO: Karen E. Roselli, Esq. Karen E. Rosetli, P.A. Suite 260 Esperante Building 222 Lakeview Avenue West Palm Beach, Florida 3340I MEMORANDUM OF PCS SITE AGREEMENT Site Name: Tequesta Site Address: 9Q1 Old Diaie Highway, Tequesta, FL 33469 Site ID: MI 42XCO57 This Memorandum of Agreement evidences tbat a License was made and entered into bry written PCS Agreement dated , 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 r�ferre�d to as "Licensor") and Spectrum L.P., a Delaware limited partnership, d/b/a Sprint PCS with an address of 1327 Hembree, Suite 100, Roswell, GA -(hereix�after refened to as "Licensee"). Such Agreement provides in part fhat Licensor licenses to Licensee a certain site ("Site"} located at 901 OId Dixie Highway, Village of Tequesta, County of Palm Beach, State of F7orida within the property of the Licensor, which is desctibed in Eahibit A attached hereto, with a gtant of easement rights for unrestricted rights of access ther�to, and to electric and telephone utilities for a term of five (5) years commencing on , 2001, which term is subject to four (4) additional five (5) year extension periods by Licensee. IN WITNESS WHEREOF, the parkies have executed this Memorandum of Agreexnent as of the day and year first above written. LICENSOR: Signed, sealed and delivered in the presence of Village of Tequesta a Florida municipal corporation By: Witness Print Name: Print Name: Title: Witness Print Name: Attest: Village Clerk STATE OF FLORIDA Market.: South Flotida ' �No.: M142XCO57 ce Narrte: Village of Tequesta COUNTY OF PALM BEACH The foregoing instrument was aclrnowledged before me this day of . 2001, by as Mayor of Village of Tequesta, a Florida municipal corporation, who is personally known to me or who has produced as identification and who did (did not) take an oath. VVITNESS my hand and official seal. Notary Public Print Name My commission eapires: (SIGNATURES CONTINUED ON FOLLOWING PAGE) *F°•icet.: South klorida �No_: M142XCO57 . ,�e Name: Village of Tequesta I LICENSEE: Signed, sealed and delivered in the presence of Sprint Spectrum L.P., a Delaware limited partnership, d/b/a Sprint PCS BY= Witness Print Name: Print Name: Title: Witness Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2001, by , as Sprint Spectrum L.P., a Delaware limited partnership, d/b/a Sprint PCS who is personally lrnown to me or who has produced as identification and who did (did not) take an oath. WITNESS my hand and official seal. Notary Public Print Name My commission eapires: