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LICENSE AGREEMENT I I LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this ZtYl- day of tv1arc,J" 1998, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (herein, "City", or "Licensor"), and BellSouth Mobility, Inc., a Georgia Corporation, having its general offices at 5201 Congress Avenue, Boca Raton, Florida 33487 (herein, "BellSouth Mobility" or "Licensee"). 1. Premises: The legal description of the site is attached as exhibit "A". Measured from ground level, BellSouth Mobility, Inc. will have reserved for it the space on the structure from 235 feet to 245 feet above ground level (A.G.L.). If required for technological reasons, BellSouth Mobility, Inc. must fIrst obtain written approval from the City to move its location on the structure to space other than this area reserved for it if such other space has not been rented to a different tenant who is using it. Together with space on the communication tower to mount Personal Communications Systems (herein "PCS ") antennae arrays as specified in paragraph 2 below and depicted in Exhibit "A", each being attached hereto and by reference made a part hereof. The land area and the communication tower are referenced herein as the "Licensed Premises". Final site specific engineering plans and load factor calculations regarding the respective site is to be provided by BellSouth Mobility, Inc., at BellSouth Mobility, Inc. 's expense and is subject to final approval by authorized City officials prior to commencement of any construction or installation of any communications equipment by BellSouth Mobility, Inc., its employees, agents, or contractors, 2. Communications Equipment: The City hereby grants permission to BellSouth Mobility, Inc. to install and operate the following described BellSouth Mobility, Inc. communications equipment, building, generator and associated equipment on and within the Licensed Premises: (a) Three arrays of two antennas each (Andrew model PCS19HA-11015-2DG), or equivalent, to be installed upon the City communications tower with the centerline of mounting the array at240 feet above ground level (A.G.L.). The exact locations of all antennas shall be supplied to the City in the form of as-built drawings after installation. No alterations shall be made thereafter without prior written approval by the City and acceptance thereof by BellSouth Mobility, Inc. (b) Radio communications equipment consisting of transmitters, receivers and accessories to be installed in an equipment building located in accordance with approved fInal site plans The ground space shall be 15' X 25', more or less, within the fenced enclosures at the respective sites. In this agreement, all of BellSouth Mobility, Inc. 's equipment, buildings, panels, generators, cables, wires, antennas, and accessories are referred to collectively as "Communications Equipment" or "Communications Centers." Page 1 of 11 I I 3. Imn: The primary term of this Agreement shall be for five (5) years commencing on Mtr~C" 2-, 1998 (the "Commencement Date") and terminating at Midnight, _ fYlttrch I ,2003, subject to extensions as set forth in Paragraph 8 below. The Commencement Date as set forth herein shall coincide and be identical with the first day of the ftrst monch in which BellSouth Mobility, Inc. intends to enter upon the Licensed Premises to commence construction of any of its Communications Centers, but in no event later than 60 days following the date of this agreement as flfst above written. Bel1South Mobility, Inc. shall provide written notice of the intended Commencement Date to the office of the City Attorney. 112 South Osceola Avenue, Clearwater, Florida 337S6 not later than ten (10) business days prior to said Commencement Date. 4. Rem: During the primary term of this Agreement, as rental for the Licensed Premises, BellSouth Mobility, Inc. will pay the City the initial year aMual sum of TWENTY ONE THOUSAND SIX HUNDRED AND---OO/lOO'S-..-DOLLARS ($21,600,00), payable in four equal installments of FIVE THOUSAND FOUR HUNDRED AND---OO/l00'.s--DOLLARS ($5,400.00) in advance upon the Commencement Date of this agreement. The aMual rental during the primary term and any renewal five year tenn(s) will be adjusted upward by four percent (4%) annually effective upon each anniversary during the primary term and any extensions thereof and payable in quarterly installments. The total initial year annual rent due hereunder for the communication tower at 3290 State Road S80 and McMullen Booth Road, Clearwater, Florida is $21,600.00 S. Use: BellSouth Mobility, Inc. will use the Licensed Premises for the purpose of constructing and operating a Communications Center as provided herein. BellSouth Mobility, Inc, will abide by all local, state and federal laws and obtain all pennits and licenses necessary to operate its system. BellSouth Mobility, Inc. shall use the Licensed Premises for no other purposes without the prior written consent of the City. 6. Access: BellSouth Mobility, Inc, shall have reasonable ingress and egress to the Licensed Premises on a 24~hour basis for the purpose of maintenance, installation, repair and removal of said Communications Equipment. Provided, however, that only authorized engineers or employees of BellSouth Mobility, Inc., or persons under BellSouth Mobility, Inco's direct supervision, will be permitted to enter the said Licensed Premises, and their entry shall be for the purpose of installing, removing, or repairing its Communications Equipment and for no other purpose. BellSouth Mobility, Inc. shall notify the City in advance of its need to install, remove, or repair its Communications Equipment located on the Licensed Premises, except in the case of an emergency in which event notification shall be given as soon as reasonably possible. Access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department of the City. Page 2 of 11 I I 7. Utilities at BellSouth Mobility. Inc. 's Cost: BellSouth Mobility, Inc. shall be solely responsible for and promptly pay all charges for electricity, telephone, and any other utility used or consumed by BellSouth Mobility, Inc. on the Licensed Premises. The City shall advise BellSouth Mobility, Inc. and fully cooperate with any utility company requesting an easement over and across the Licensed Premises or other lands owned by the City in order that such utility company may provide service to BellSouth Mobility, Inc. BellSouth Mobility, Inc. shall have electrical current meter installed at the Licensed Premises and have the right to run underground or overhead utility lines directly from the utility source to BellSouth Mobility, Inc. 's Communications Equipment. The cost of such meter and of installation, maintenance and repair thereof shall be paid by BellSouth Mobility, Inc. BellSouth Mobility, Inc. and the utility company providing services to BellSouth Mobility, Inc. shall have access to all areas of the Licensed Premises, or other lands of the City, necessary for installation, maintenance and repair of such services; provided, that access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department of the City. 8. Extensions: BellSouth Mobility, Inc. shall have the option to extend this License by a series of four (4) additional terms of five (5) years each so long as it has abided by the terms and conditions of the License and is not currently in default hereunder. City or BellSouth Mobility, Inc. may at any time after the expiration of the fIrst renewal term terminate this agreement for convenience by giving the other party one hundred eighty (180) days written notice. BellSouth Mobility, Inc. agrees to provide City written notice of its intent to extend this agreement no less than 90 days prior to the expiration of the primary term or any extension thereof. The annual rental amount shall also automatically adjust as provided in Paragraph 4. 9. Holding Over: If BellSouth Mobility, Inc. should remain in possession of the Licensed. Premised after expiration of the primary term or any extension of this License, without the exercise of an option or the execution by the City and BellSouth Mobility, Inc. of a new license, BellSouth Mobility, Inc. shall be deemed to be occupying the Licensed Premises as a tenant-at-sufferance on a month-to-month basis, subject to all the covenants and obligations of this License and at a monthly rental calculated at one and one-quarter (1.25) times the annual rental scheduled to be paid as provided in Paragraph 4 divided by twelve (12). The payment of such monthly rental amount shall be due and payable by the first day of the month succeeding the expiration of the final month of the License term previously granted by the City. 10. Notices: (a) Any notice shall be in writing and shall be delivered by hand or sent by United States registered or certified mail, postage prepaid, addressed as follows: CITY: City Manager City of Clearwater P.O. Box 4748 Clearwater, Florida 34618-4748 BellSouth Mobility, Inc. 5201 Congress Avenue Boca Raton, Florida, 33487 Attn.: Network R. E. Manager Page 3 of 11 I I However, where coordination with the General Services Department of the City is required by this agreement, notice shall be given by telephone, facsimile transmission or by hand delivery at either of the following mailing addresses or physical addresses and telephone numbers: General Services Director City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: 24 Hr. Emergency: Fax Number: (813) 462-6777 (813) 462-6633 (813) 462-6457 Physical Address: 1900 Grand Avenue, Clearwater, FL 33765 (b) Either party may change its address and telephone number(s) to which notice shalt be given by delivering notice of such change as provided above. Notice shall be deemed given when delivered if delivered by hand, or when postmarked if sent properly by mail. 11. Liabilities and Indemnity: BellSouth Mobility, Inc. agrees to indenmify and hold the City harmless from all claims (including costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of BellSouth Mobility, Inc. or Bel1South Mobility, Inc. 's agents, employees or contractors occurring during the term of this License or any extensions in or about the Licensed Premises. BellSouth Mobility, Inc. agrees to use and occupy the Licensed Premises at its own risk and hereby releases the City, its agents and employees, from aU claims for any damage or injury brought on by BellSouth Mobility, Inc. to the full extent permitted by law, The City agrees to indemnify and save BellSoum Mobility, Inc. harmless from all claims (including costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of the City or the City's agents, employees, contractors or other licensees or tenants of the City occurring during the term of this License, subject to any defense or limitation pursuant to Section 768.28, Florida Statutes. 12. Termination: (a) Either party shall have the right to tenninate this License at any time as follows: 1. By either party, if the approval of any agency, board, court, or other governmental authority necessary for the construction or operation of the Communications Equipment cannot be obtained after due diligence, or is revoked. 2. By either party, in the event of a material breach of any of the provisions of this agreement, subject to Paragraph 13 below, 3. By BellSouth Mobility, Jnc" if Be 11 South Mobility, Inc. determines that the cost of obtaining or retaining the approval of any agency. board, court, or other governmental authority necessary for the construction or operation of the Communication Equipment is prohibitive, or if BellSouth Mobility, Inc. determines that the property is not appropriate for its Communications Page 4 of 11 I I Equipment for technological reasons, including, but not limited to, signal interference. 4. By BellSouth Mobility, Inc., in the event that any government or public body shall take all or such part of the Licensed Premises thereby making it physically or fInancially infeasible for the Licensed Premises to be used in the manner it was intended to be used by this Agreement. However, if only a portion of the Licensed Premises is taken, and BellSouth Mobility, Inc. does not elect to terminate this License under this provision, then rental payments provided under this License shall be abated proportionally as to the portion taken which is not then usable by BellSouth Mobility, Inc. and this License shall continue. 5. By the City, if the City determines that the installation or operation of the Communications Equipment is detrimental to the operation of the City's communications equipment within and upon the respective Licensed Premises, or the communications equipment of any other party with whom the City has previously entered into a lease or licensing agreement specifically for the construction, operation and maintenance of communications equipment. (b) The party terminating this agreement shall give written notice of termination to the other party not less than thirty (30) days in advance of the effective date of termination. Upon termination, neither party will owe any further obligation under the terms of this License, except that BellSouth Mobility, Inc. shall be responsible for removing all of its Communications Equipment from the Licensed Premises and for restoring the areas occupied by BellSouth Mobility, Inc. to its original conditions as near as practicable, save and except normal wear and tear and acts beyond BellSouth Mobility, Inc. 's control. (c) Upon termination of this License, the term hereby granted and all rights, title and interest of BellSouth Mobility, Inc. in the premises shall end and the City may re-enter upon and take possession of the premises. Such termination shall be without prejudice to the City's right to collect from BellSouth Mobility, Inc. any rental or additional rental which has accrued prior to such termination together with all damages, including, but not limited to, the damages specified in subparagraph (1) of this paragraph which are suffered by the City because of BellSouth Mobility, Inc. 's breach of any covenant under this License. 13. Defaults and Remedies: (a) Notwithstanding anything in this License to the contrary, BellSouth Mobility, Inc. shall not be in default under this License until: 1. In the case of a failure to pay rent or other sums due under this License, fifteen (15) days after receipt of written notice thereof from the City; or 2. In the case of any other default, thirty (30) days after receipt of written notice thereof from the City; provided, however, where any such default cannot reasonably be cured within thirty (30) days, BellSouth Mobility, Inc. shall not be deemed to be in default under the License if BellSouth Mobility, Inc. commences to cure such default within said thirty (30) day period and Page 5 of 11 I I thereafter diligently pursues such cure to completion. (b) In the event of BellSouth Mobility, Inc.' s default in the payment of rentals or BellSouth Mobility, Inc.'s failure to comply with any other material provision of this License, the City may, at its option, terminate this License without affecting its right to sue for all past due rentals, and any other damages to which the City may be entitled, Should the City be entitled to collect rental or damages and be forced to do so through its attorney, or by other legal procedures, the City shall, upon receipt of a favorable ruling, be entitled to its reasonable costs and attorney's fees thereby incurred upon said collection. 14. Taxes: BellSouth Mobility, Inc. shall pay alUlually any and all taxes that may be levied and assessed upon the Licensed Premises attributable to any improvement thereto made by BellSouth Mobility, Inc, I the Communications Equipment installed thereon, or upon this agreement. If any such tax is paid by the City, BellSouth Mobility, Inc. shall reimburse the City for the amount of any such tax payments within sixty (60) days of receipt of sufficient documentation indicating the amount paid and the calculation of BellSouth Mobility, Inc, 's pro- rata share. Upon written request by BellSouth Mobility, Inc., the City shall furnish evidence of payment of all such taxes. 15. Insurance: BellSouth Mobility, Inc., at its expense, shall maintain in force during the tenns of this License, and provide the City a certificate, or certificates, of insurance covering the entire tenn of the License, or any extension thereof, a combined single limit policy of bodily injury and property damage insurance, with a limit of not less than $1,000,000 insuring the City and BellSouth Mobility, Inc, against all liability arising out of the ownership, use, occupancy or maintenance of the Licensed Premises and appurtenant areas, which policy shall name City as an additional insured. The City's Risk Manager may require to provide any or all of the following additional Insurance Endorsements upon detennination of any additional risks inherent to the City as party to this License Agreement: a. Contractual Liability coverage. b. Personal Injury Liability coverage, C. Broad Form Property Damage Coverage. All insurance coverages herein provided shall: a, Be written on an "Occurrence" basis. b. Shall not be suspended, voided, canceled or modified in a way that affects the City of Clearwater except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management Office at the following mailing address: Risk Manager, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748. Page 6 of 11 ." I I c. Certificates of Insurance meeting the specific required insurance provisions of this License Agreement shall be forwarded to the City I s Risk Management Office and approved prior to the start of any work or possession of the Licensed Premises. d. All insurance policies required within this agreement shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the City. 16. Environmental: a. Following execution of this agreement by the City, BellSouth Mobility. Inc. shall, at its expense, contract the services of a qualified environmental firm or individual to pcrfonn to current ASTM standards, a commercial Phase I enviromnental audit of the license Premises as described in Paragraph lea), (b) and (c) to determine if there is any basis for suspecting that hazardous materials or waste have been deposited or released in or upon said premises. If the results of the Phase I investigation reveal to BeIlSouth Mobility, Inc. a potentially hazardous materials or waste situation, then BcllSouth Mobility, Inc. shall be entitled, at BellSouth Mobility, Inc. expense and option, to perform a Phase II enviromnental investigation meeting applicable current ASTM standards consisting of, but not limited to, the sampling and analysis of soil, ground water, air, building and structural components, and any other materials that may be upon or in the property. It is mutually agreed between the parties that should the environmental investigations herein described reveal to BellSouth Mobility. Inc. a potential or actual problem concerning hazardous materials or waste in or about the license Premises, BellSouth Mobility, Inc. upon providing copies of the environmental reports and reasonable written notice to the City, shall be entitled to terminate this agreement. b. If BellSouth Mobility, Inc. does not terminate this agreement as provided above, it shall provide the City with copies of all envirorunental reports resulting from investigations of the license Premises not later than thirty (30) days preceding the Commencement Date as defined in Paragraph 3. The City shall have the privilege of reviewing and independently verifying the findings and conclusions contained in each and aU of the reports provided by BellSouth Mobility, Inc. prior to the Commencement Date, and at its sole option, may reject the reports in their entirety, and by written notice to BellSouth Mobility. Inc. as provided herein, may terminate this agreement. If the City elects not to terminate this agreement under this provision, it shall be deemed thereafter that the conclusions as defined in the report(s) shall establish the environmental baseline for the license Premises, and the City shall defend and hold BellSouth Mobility, Inc. harmless from any pollution or hazanlous substances or wastes established as the envirorunental baseline, subject to any defense or limitation available to the City pursuant to Section 768.28, Florida Statues. BellSouth Mobility, Inc. shall thereafter indemnify, defend and save harmless the City. it successors, assigns, employees, contractors and agents from and against any legal or administrative proceeding brought against the City; from all demands, claims, fines, penalties, or costs occasioned by subsequent discovery of any other pollution or hazardous substances or waste involving the license Premises caused by BellSouth Mobility. Inc., whether known or unknown to the City, whether based in federal. state, or local environmental or other laws; strict liability Page 7 of 11 '. ,.. I I or common law; from any damage, claim. liability or loss connected to any condition in. on, or of the license Premises as of the date of the written report(s), the results, evaluations and conclusions contained therein; as well as during BellSouth Mobility, Inc. 's occupancy of the license Premises and afterward as to any continuing violations after BS I S occupancy if such violations can reasonably be detennined to have been caused directly by BellSouth Mobility, Inc., its employees, agents. contractors, or any person or entity acting for or on behalf of BellSouth Mobility, Inc.. These covenants by BellSouth Mobility, Inc. to indemnify, defend and hold harmless the City, its successors, assigns, employees, contractors and agents shall extend to and include any obligations of the City to perform remedial work ordered or recommended by any governmental or administrative agencies. BellSouth Mobility, Inc. shall be solely responsible for responding to such governmental or administrative agencies claims relating to contamination of the Premises as may be directly attributable to BellSoutb Mobility, Inc., its employees, agents, contractors, or any persons or entity acting for or on behalf of BeUSouth Mobility, Inc. during the term of this license. or any extension thereof. of after tennination. c. Upon expiration or termination of this license, BellSouth Mobility. Inc. shall, at its expense, procure an environmental audit, or audits, through an environmental finn or individual mutually agreeable between BellSouth MObility, Inc. and the City, in conformity with City of Clearwater Environmental Audit and Property Assessment Guidelines as may be in existence at the time of expiration or tennination. Should the results of such sludiesand tests reveal any enviromnental contamination of the premises in amounts and/or concentrations exceeding minimum acceptable levels as then established by applicable governmental authorities, or in excess of the baseline enviromnental condition of the Premises as established at the license Comm.encement Date, whichever shall define the lowest limits of environmental contamination then present in, on, or of the license Premises, BellSouth Mobility, Inc. shall pay all costs associated with environmental remediation of such contamination exceeding the lowest limits established using the aforementioned criteria if such contamination is found to be directly attributable to BellSouth Mobility, Inc., its employees, agents, contractors, or any persons or entity acting for or on behalf of BellSouth Mobility, Inc. during the term of or any extension of this license, or after tennination. d. BeUSouth Mobility, Inc. agrees to provide the City within seven (7) days of execution by BelISouth Mobility, Inc., copies of all registrations, reports, closure assessments and cenifications of financial responsibility forms as may be required to be submitted to the State Department of Enviromnental Protection, or its successors, pursuant to Rules of the Florida Administrative Code. e. The City and BeIlSouth Mobility, Inc, mutually covenant and agree that during the tenn of this license, or any extension thereto, to fully comply with all Federal, State and Local environmental laws and administrative Rules, and that neither party will use, generate, store or dispose of any Hazardous Material as identified and defined now or during the term or any extension of this license in and by said laws and rules. Each pany agrees to hold harmless. defend and indemnify the other, along with their respective successors and/or assigns, partners, affiliates, employees. contractors, agents, and all others acting for or on behalf of either party in Page 8 of 11 I I any manner or action that may reasonably be determined to be in violation of this provision, subject to any defense or limitation available to the City pursuant to Section 768.28, Florida Statues. 17. Tests: BellSouth Mobility, Inc. is hereby given the right to survey, soil test, radio coverage test, and conduct any other investigations needed to determine if the surface and location of the License Premises is suitable for construction and installation of its Communications Equipment prior to the Commencement Date as defmed in Paragraph 3. The terms of Paragraph 11 shall also apply. 18. Fixtures: The City covenants and agrees that no part of the improvements constructed, erected or placed by BellSouth Mobility, Inc. on the Licensed Premises or other real property owned by the City shall be or become, or be considered as being, affixed to or a part of the City's real property, any and all provisions and principals of law to the contrary notwithstanding. All improvements of every kind and nature constructed, erected or placed by BellSouth Mobility, Inc. on the Licensed Premises shall be and remain the property of BellSouth Mobility, Inc.. 19. Assignment and Subletting: BeIlSouth Mobility, Inc. may assign or sublet the Licensed Premises or any part thereof without the consent of the City only if BellSouth Mobility, Inc. remains liable for fulf1llment of payments under this License and the nature of the use is not changed or the assignment is made to an affiliate of BellSouth Mobility, Inc.. All other assignments shall require the City's prior written consent, which consent shall not be unreasonably withheld. 20. Memorandum of License Agreement: Following the execution of this License, either party, at its sole expense, shall be entitled to f1le the Memorandum of License Agreement of record in the public records of Pinellas County, Florida. 21. Other Conditions: (a) The City acknowledges that following the execution of this License, BellSouth Mobility, Inc. will contact appropriate local governmental agencies for the purpose of obtaining all building permits and approvals, zoning changes and approvals, variances, use permits and other governmental permits and approvals ("Local Permits") necessary for the construction, operation and maintenance of the Communications Equipment on the Licensed Premises. The City agrees to fully cooperate with BellSouth Mobility, Inc. in obtaining the Local Permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificate or other documents that may be required in connection with the Local Permits. (b) Whenever under the License the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner. Page 9 of 11 ... ..!... I I (c) The City covenants that BcllSouth Mobility, Inc. shall, upon paying the rent and observing the other covenants and conditions herein upon its part to be observed, peaceably and quietly hold and enjoy the Licensed Premises during the term of this License or as it may be extended without hindrance or ejection by the City, any person or persons claiming under the City, or any other licensee or tenant of the City. (d) BellSouth Mobility. Inc. covenants and agrees that BellSouth Mobility, Inc. Communications Equipment and installation, operation and maintenance will: (1) thereto. Not irreparably damage the WPC communications tower, nor the accessories (2) Not interfere with the operation of the City's radio or other communications equipment, or that of other licensees or tenants currently utilizing the towers or licensed or leased premises for such purposes within 100 yards of the Licensed Premises. In the event there is interference by BellSouth Mobility, Inc. , BellSouth Mobility, Inc. will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If BellSouth Mobility lIne, is unable to eliminate such interference caused by it within a reasonable period of time, Bell South Mobility, Inc. agrees to remove its antennas from the City's property and this Agreement shall tenninate. (3) Comply with all applicable rules and regulations of the Pederal Communications Commission and the ordinances of the City, including but not limited to the building and electrical codes of the City. {e} If the Licenses Premises is damaged for any reason so as to render it substantially unusable for BellSouth Mobility, Inc.'s use, rent shall abate for such period not in excess of ninety (90) days while the City, at its expense, restores the City's towers and/or buildings to its condition prior to such damage. Provided, however, in the event the City fails to repair the Licensed Premises within the said ninety (90) day period, BellSouth Mobility, Inc. or the City shall have the right to terminate this License with no further obligations hereunder. (0 During the term of this License, the City will not grant a similar license to any other party if such grant would in way interfere with BellSouth Mobility, Inc, , s use of its Communications Equipment. In the event of any interference arising from the installation or operation of communications equipment at the towers sites by any other party subsequent to the Commencement Date of this agreement, the City shall take all steps reasonably necessary to correct and eliminate such interference within a reasonable period of time. If the City is unable to eliminate the interference within a reasonable period of time, the City shall be obligated to remove the communication equipment of the other party from the towers sites. BellSouth Mobility. Inc. shall not change the frequency, power or character of its equipment without first obtaining the written consent of the City, which shall not be unreasonably withheld. Notwithlitanding any provisions of this paragraph to the contrary, any communications equipment Page 10 of 11 I I within or upon the Licensed Premises previously authorized to the use of any other party by the City shall not require removal. 22. Radon Gas Notification: as required by Section 404.056(8), Florida Statues, BellSouth Mobility, Inc. shall take notice of the following: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities. may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon testing may be obtained from your county public health unit. 23. En~ire Agreement and Binding Effect: This License and any attached exhibits signed or initialed by the parties constitute the entire agreement between the City and BeIlSouth Mobility, Inc. No prior written or prior contemporaneous or subsequent oral promises or representations shall he binding. This License shall not be amended or changed except by written instrument signed by both parties. Paragraph captions herein are for convenience only, and neither limit nor amplify the provisions of this License. The provisions of this License shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties, but this provision shall in no way alter the restriction hereon in connection with assigmnent and subletting by BellSouth Mobility, Inc. BLANK,WPC tower.doc Page 11 of 11 I I IN WITNESS WHEREOF, the parties hereto have executed this License as of the date and year first above written. BellSouth Mobility. Inc. ~ ~/J- ) ef)JA J ' WITNESS .-- u ~ A Print NamcG 14 AR. L t' S> T C L-~" ) STA TE OF FLORIDA COUNTY OF IDLLSBOROUGH BEFORE ME. the undersigned. personally appeared Steve Gray Vice president and General Manager. BellSouth Mobility, .rne., a Georgia Corporation, who acknowledged the foregoing instrument on behalf of the Corporation. ~~)-~~9r Notary Public (J - f' Print/Type Name: C ~,4~ L E.=:> TC L.~t<... ,J . ""':A'~'fiJ.~, CHARLES T. CLARK, JR. l~"@".~;< tM COMMISSION # CC410156 EXPIRES ;;.~;~J September 27. 1998 '.{/,f.P.r:.\\.~" BONDEI11HRU TROY FAIN INSURANCE, INC. Personally known OR Provided Identification:f:.- Type of Identification Provided 0 L.. By: l- CITY OF C~WATER. FLORIDA Michael Roberto, City Manager Approved as to fonn and legal sufficiency: C Q'--- ~ -- - 10hn C. Carassas Assistant City Attorney Attest: . " I I STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned, personally appeared Rita Garvey, Mayor-Commissioner of the City of Clearwater. Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and seal thi~ay of J.Jr . 199,F n. !J p~ N~taryPub~ ROlYN L. B~UNK Pnnt/Type Name: '/ PlJ CA "ON # CC 4G3040 ~ :n EXPIRES MAV 22,1999 i! BONDED Tl-lRU INC. %.~ :s* NTlC BONDltolG co~ "Ylf Of f\'\)' ATLA STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned, personally appeared Michael Roberto. City Manager of the City of Clearwater. florida. who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth. and who is personally known to me, ~ WITNESS my hand and seal this J.f day of &.tlr I 199_r ~~~ N~tary Public Y CAROLYN L BRINK PrmtlType N ame: ~ PcI~ ~.", N # CC 463040 2 I EXPIRES MAY 22,1999 ~~ ~ AOND~D7HRU ~OF f\.'i9!' ATLANTIC BONDING CO.. INC. ~ I-I , I I EXHIBIT A License Premises RE: AGREEMENT BY &: BETWEEN THE CITY OF CLEARWATER, PLORlDA AND BeIlSouth Mobility, Inc. Non-exclusive use of not more than 375 square feet of land in the irmnediate vicinity of structures described below. situate and being within the chain link fenced boundaries enclosing each of the said facilities owned and/or controlled by the City of Clearwater, Pinellas County, Florida: 1. COMMUNICATIONS TOWER - Operational upon grounds of the City's Northeast Water Pollution Control Plant, 3290 S.R. S80 and McMullen Booth Road, Clearwater, Florida, located at Latirude 28001'54" Nonh, and Longitude 82042' 16" West.