AGREEMENT TO MOUNT ANTENNAE ARRAYS ON CITYS WATER TOWER AT 1780 WESTON DRIVE
Market:. West Florida
Site Name: Sunset Point
Site. Number: FLl485B
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LICENSE AGREEMENT
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THIS LICENSE AGREEMENT is made and entered into this --2L... day of (l,,,~ ,2~, by and between the
CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, 112 South Osceola Avenue, Clearwater, Florida 33756
(herein, "City", or "Licensor"), and NEXTEL SOUTH CORPORATION, a Georgia Corporation, d/b/a Nextel Communications
with an office at 851 Trafalgar Court, Suite 300E, Maitland, Florida 32751 (herein, "Nextel" or "Licensee ").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Premises: The City is the owner of a parcel ofJand (the "Land") and a water tower (the "Tower") located in
the City of Clearwater, County of Pinellas, State of Florida, more commonly known as 1780 Weston Drive, Clearwater, Florida
33755 (the Tower and Land are collectively, the "Licensed Premises"), The City hereby grants to Nextel and Nextel hereby
accepts from the City a nonexclusive license to utilize portions of the City-owned premises and facilities as more particularly
described and depicted in EXHIBITS "A", "B" and "C" attached hereto and by reference made a part hereof, It is expressly
understood that all rights granted to Licensee under this License Agreement are irrevocable until this License Agreement expires or
sooner terminates as herein provided, Measured at 120 feet (:t) above ground level, Nextel shall have reserved to its use the space
upon the catwalk handrail of the City's North Water Tank for the purpose of mounting antennae arrays as specified in paragraph 2
below and depicted in EXHIBIT "A", together with a rectangular parcel of land having dimensions not to exceed 934,6 square feet
for placement of a 10' X 20' (200 square foot) concrete pad in the northeast comer of the Licensed Premises for installation of a
communications equipment shelter, and underground therefrom, the "most direct route" cabling connection upon the nearest water
tank support leg to installed antennas (EXHIBIT "B"), The exterior of all of Nextel's antennas, coax, shelters and cabinets shall be
painted to match the color of the Tower as it may exist from time to time. The land area designated for occupation by the
Licensee's communications equipment, electrical current meter, lighting, telephone (if required) and reasonable direct access to all
such facilities by the Licensee's vehicles, personnel, agents, contractors, vendors and invitees are referenced herein as the "License
Premises" (EXHIBIT "C"), Final site specific engineering plans and load factor calculations regarding the respective site are to be
provided to the City Engineering Department by Nextel at Nextel expense and are subject to final approval by the Water
Superintendent and/or other authorized City officials prior to commencement of any construction or installation of any
communications and related equipment by Nextel employees, agents, vendors or contractors within or upon the License Premises,
2. Non-Exclusive License: 'Nothing contained herein shall prohibit the City from utilizing for its own purposes,
or licensing to the use of any other entity, any portion of the water tank or its related facilities for additional communications or
other uses so long as such communications or other equipment in no way interferes with Nextel's utilization of its communications
equipment as authorized herein,
3. Communications EQuiDment: In this License Agreement, all Nextel equipment shelters, communications
instruments, panels, generators, cables, wires, antennae and essentially related accessories are referred to collectively herein as
"Communications Equipment" or "Communications Centers," The City hereby grants permission to Nextel to install and operate
the following described Nextel Communications Equipment upon and within the Licensed Premises:
(a) Three arrays of three antennas each (Allen Telecom Model DB844H90), or equivalent, to be
installed upon the City's North Water Tank located at Latitude 27059'09" North, Longitude 82046'40" West. The centerline of
mounting each antennae array upon the tank catwalk railing shall be at 120:t feet above ground level (A.G,L.) at 300, 1500 and
2700 azimuth, Confirmation of actual elevation to be made jointly by Nextel and City prior to presentation of this License
Agreement to the Clearwater City Commission for its approval, Nextel is hereby authorized to install a fourth array of three such
antennas at a later date which shall be solely determined by Nextel; provided, however, that Nextel shall first notify the City prior
to commencement of such installation, such installation shall have no detrimental effect upon the water tank structure, and all three
antennae shall be installed at the same time. The annual rent to be paid for each additional antenna to be installed shall be
calculated by dividing the total annual rent then currently being paid prior to such installation by the number of previously installed
antennae, then multiplying the resulting annual rent amount being paid per antenna by the total number of additional antennae to be
installed. The rent payment for the additional antennas to be installed shall commence upon the first day of the month in which
installation is scheduled, prorated through the end of the then current license year, and paid to the City within fifteen (15) days
following said date, All succeeding annual rent payments to the City, adjusted as provided in paragraph 5 hereafter, shall reflect the
annual rent due for each antennae installed upon and within the License Premises, Nextel shall supply to the City the exact locations
of all antennas in the form of as-built drawings within fifteen (I5) business days following installation, No alterations shall be made
thereafter without prior written approval by the City and acceptance thereof by Nextel.
(b) Radio communications equipment consisting of transmitters, receivers and accessories to be installed
in equipment building(s) or cabinet(s) by Nextel shall be located in accordance with approved final site plans, The ground space
shall be 15' X 25', more or less, within the North Water Tank's fenced enclosure as more particularly described in EXHIBIT "B".
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4. Term: The primary term of this License Agreement shall be for five (5) years commencing on the date Nextel
begins installation of the Communications Equipment or one hundred eighty (180) days following the full execution of the License
Agreement, whichever occurs first (the "Commencement Date"), subject to extensions as set forth in Paragraph 9 below. Nextel
shall provide the Water Superintendent, City of Clearwater, with at least (10) ten days notice of its intent to begin installation of the
Communications Equipment. In addition, Nextel shall provide written notice of the Commencement Date to the Real Estate
Service Manager, Engineering Department, City of Clearwater, 100 South Myrtle Avenue, Clearwater, Florida 33756 not later
than ten (10) business days after the said Commencement Date.
5. Rent: Nextel shall pay the City the initial year annual sum of Twenty Seven Five Hundred and 00/100 Dollars
($27,500,00) ("Rent"), payable on the first day of the month following the Commencement Date of this License Agreement
("Rental Commencement Date") and upon each anniversary of the Rental Commencement Date thereafter. If Nextel begins
installation of the Communications Equipment on any day other than the first day of the month, the annual Rent shall be prorated at
the rate of Seventy Five and 34/100 Dollars ($75.34) per day from the Commencement Date to the Rental Commencement Date
and included with the first annual Rent payment, The Rent as stipulated herein is for the initial installation and operation of three
arrays of three antennae each, to be constructed and located upon the City's water tank as described in Paragraph 1 of this License
Agreement. The annual rental during the primary term and any renewal term(s) will be adjusted upon each anniversary of the
Commencement Date to an amount equal to the then current annual Rent increased or decreased by an amount equal to the
cumulative annual percentage increase or decrease, if any, in the Consumer Price Index ("CPI") for "all items" published by the
Bureau of Labor Statistics of the United States Department of Labor 120 days prior to the anniversary of the Commencement Date,
except in no event shall the total increase exceed four percent (4%) annually upon each anniversary during the primary term and
any extensions thereof. In the event of an early termination of this License Agreement pursuant to paragraph 13 below, the City
shall return to Nextel any and all prepaid Rent which would have applied to the time period after the date of termination, providing,
however, that Nextel is not in default under any other provisions of the License Agreement,
6. Use: Nextel shall use the Licensed Premises for the purpose of constructing and operating a Communications
Center as provided herein, Nextel shall abide by all local, state and federal laws and obtain all permits and licenses necessary to
operate its system, Nextel shall use the Licensed Premises for no other purposes without the prior written consent of the City,
7. Access: Nextel shall have reasonable ingress and egress to the Licensed Premises via the eXlstmg
padlocked chain link entry gate on a 24-hour per day, 7 day per week basis, Nextel shall have the privilege of installing its own
padlock in addition to the City padlock for access to its Communications Equipment. Provided, however, that only authorized
engineers or employees of Nextel, or persons under Nextel's direct supervision, shall be permitted to enter the Licensed
Premises, and their entry shall be for the purpose of installing, removing, maintaining or repairing its Communications
Equipment and for no other purpose. Nextel shall notify the City by telephone, facsimile transmission, mailing or direct
personal contact twenty-four (24) hours in advance of its need to install, remove or repair its Communications Equipment located
within and upon the Licensed Premises, except in the case of an emergency, in which event notification shall be given as soon as
reasonably possible, All notification shall be made to and coordinated with the Water Division of the Public Services Department of
the City,
8. Utilities at Nextel Exoense: Nextel shall be solely responsible for and promptly pay all charges for
electricity, telephone, and any other utility used or consumed by Nextel upon and within the Licensed Premises, The City shall
advise Nextel and fully cooperate with any utility company requesting a right of entry over and across the Licensed Premises or
other lands owned by the City in order that such utility company may provide service to Nextel within and upon the Licensed
Premises, Nextel shall have an 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 Nextel Communications Equipment, The cost of such meter and of
installation, maintenance and repair thereof shall be paid by Nextel. Nextel and the utility company providing services to Nextel
shall have access to the North Water Tank fenced enclosure and all areas of the Licensed Premises in accordance with provisions of
Paragraph 7 above.
9. Extensions: Nextel shall have the option to extend this License Agreement by a series of three (3) additional
terms of five (5) years each so long as it has abided by the terms and conditions of the License Agreement and is not currently in
default hereunder, Nextel covenants and agrees to provide City written notice of its intent to any extension as provided by this
License Agreement no less than 90 days prior to the expiration of the primary term or any extension thereof. The annual rental
amount shall continue to automatically adjust as provided in paragraph 5 throughout the primary term or any extension,
10. HoldiDl! Over: If Nextel should remain in possession of the Licensed Premised after expiration of the primary
term or any extension of this License Agreement, without the exercise of an extension option, or the execution by the City and
Nextel of a new license, Nextel shall be deemed to be occupying the Licensed Premises as a Iicensee-at-sufferance on a month-to-
month basis, subject to all the covenants and obligations of this License Agreement 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 5 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
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the License term previously granted by the City and each month thereafter so long a Nextel occupies the Licensed Premises.
11. Notices: 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
NEXTEL:
Nextel South Corporation
851 Trafalgar Court, Suite 300E
Maitland, Florida 32751
Attn,: Property Manager
With a copy to:
City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618-4748
With a copy to:
Nextel Communications, Inc,
2001 Edmund Halley Drive
Reston, Va. 20191-3436
Sixth Floor, Mail Stop 6E630
Attn.: Site Leasing Services, Contracts Manager
However, where coordination with the Water Division of the Public Services Department of the City is required by this License
Agreement, notice shall be given by telephone, facsimile transmission or by hand delivery at either of the following mailing
addressee or physical addressee and telephone numbers:
Water Superintendent
City of Clearwater
P,O. Box 4748
Clearwater, FL 33758-4748
Telephone:
24 Hr. Emergency:
Fax Number:
(813) 462-6848
(813) 462-6633
(813) 462-6559
Physical Address: 1650-C North Arcturas, Clearwater, FL 33765
Either party may change its address and telephone number(s) to which notice shall 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.
12. Liabilities and Indemnitv: Nextel agrees to indemnify 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 Nextel, its assigns, agents, employees, vendors, contractors and all other invitees of Nextel in or about the
Licensed Premises which may occur during the term of this License Agreement or any extensions thereof. Nextel agrees to
use and occupy the Licensed Premises at its own risk and hereby releases the City, its agents and employees, from all claims
for any damage or injury caused by Nextel, its assigns, agents, employees, vendors, contractors and all other invitees of Nextel
to the full extent permitted by law, The City agrees to indemnify and save Nextel 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, vendors, contractors or other licensees or tenants of the City occurring during the term of this
License Agreement, or any extensions thereof, subject to any defense or limitation pursuant to Section 768,28, Florida Statutes.
13. Termination:
(a) Either party shall have the right to terminate this License Agreement at any time as follows:
(i) 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,
(ii) By either party, in the event of a material breach of any of the provisions of this License
Agreement, subject to Paragraph 14 below.
(iii) By Nextel if it 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 Communications
Equipment is prohibitive, or if Nextel determines that the property is not appropriate for its Communications Equipment for
technological reasons, including, but not limited to, signal interference,
(iv) By Nextel in the event that any government or public body shall take all or such part of the
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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 License Agreement.
(v) By the City, if the City, in its sole opinion, determines the continued operation of the
North Water Tank is no longer practical or feasible, or that installation or operation of the Nextel Communications Equipment
thereon is detrimental to the functional operation of said tank or City's communications equipment, if any, within and upon the
respective Licenses Premises or within and upon the fenced enclosure for said water tank, If the City makes the determination
herein described, it shall deliver one (1) year written notice of termination (" Notice Period") to Nextel. Following delivery of
notice the parties shall, in good faith, make every effort to determine if another City-owned facility would be mutually
agreeable for relocating Nextel's Communications Equipment. If such a facility is mutually agreed upon within the Notice
Period Nextelmay relocate its Communications Equipment to such other facility ("Alternate Premises") at its expense, without
adjustment of the then scheduled annual Rent. The requirements of this paragraph shall be fully met within the Notice Period
or, in the alternative, Nextel agrees to remove all of its Communications Equipment prior to its duration, following which this
License Agreement shall be null and void in all respects, except that any default may be cured by the parties as hereafter
provided,
(b) Except as provided in Paragraph 13 (a) (v) above, the party terminating this License 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 Agreement, except that Nextel shall
be responsible for removing all of its Communications Equipment from the Licensed Premises not later than thirty (30) days
following such termination, and for restoring the areas occupied by Nextel to its original conditions as near as practicable, save and
except normal wear and tear and acts beyond Nextel control.
(c) Upon termination of this License Agreement, the term hereby granted and all rights, title and interest
of Nextel in the Licensed Premises shall end and the City may re-enter upon and take possession of the Licensed Premises, Such
termination shall be without prejudice to the City's right to collect from Nextel any rental or additional rental which has accrued
prior to such termination together with all damages, including, but not limited to, the damages which are suffered by the City
because of Nextel's breach of any covenant under this License Agreement.
14. Defaults and Remedies:
Notwithstanding anything in this 'License Agreement to the contrary, neither party shall be in default under this License
Agreement until:
(a) In the case of a failure by Nextel to pay Rent or other sums due under this License Agreement,
fifteen (15) days after receipt of written notice thereof from the City; or
(b) In the case of any other default, thirty (30) days after receipt of written notice thereof from the non-
defaulting party; provided, however, where any such default cannot reasonably be cured within thirty (30) days, a party shall not
be deemed to be in default under the License Agreement if it commences to cure such default within said thirty (30) day period and
thereafter diligently pursues such cure to completion,
(c) In the event of Nextel default in the payment of rentals or its failure to comply with any other
material provisions of this License Agreement, the City may, at its option, terminate this License Agreement 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.
15. Taxes: Nextel shall pay annually any and all taxes that may be levied and assessed upon the Licensed
premises attributable to any improvement thereto made by Nextel, the Communications Equipment installed thereon, or upon
this License Agreement. If any such tax is paid by the City, Nextel shall reimburse the City for the amount of any tax payment
within sixty (60) days of receipt of sufficient documentation indicating the amount paid and the calculation of Nextel's pro-rata
share. Upon written request by Nextel the City shall furnish evidence of payment of all such taxes.
16. Insurance: Nextel, at its expense, shall maintain in force during the terms of this License Agreement, a
Commercial General Liability Insurance Policy and provide to the City a certificate, or certificates, of insurance issued by
insurance companies certified to do business by the State of Florida and its insurance regulatory bodies covering the entire term of
the License Agreement, 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 Nextel 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 shall maintain at its expense, or provide through self-funding, throughout the License Term, public liability insurance,
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including bodily injury and property damage equal to the maximum limits of liability provided for in Section 768.28, Florida
Statutes, plus any excess liability insurance coverage that may be purchased by the City. Any policies of insurance provided for
herein to be carried by the City shall be issued by insurance companies certified to do business by the State of Florida and its
insurance regulatory bodies, provided, however, the City may self-fund any risk provided for in this paragraph in lieu of
purchasing insurance coverage therefore. Certificate(s) of Insurance or letters of self-funding shall be delivered to Nextel by the
City upon the Commencement Date provided in Section 4, and shall automatically renew upon any extensions of this License
Agreement.
The City's Risk Manager may require Nextel to provide any or all of the following additional Insurance Endorsements upon
determination 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 "Occurreoce" basis.
(b) Shall not be suspended, voided, caoceled 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.
(c) Certificates of Insurance meeting the specific required insurance provISIOns of this License
Agreement shall be forwarded to the City'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 License Agreement shall provide full coverage from the
first dollar of exposure unless otherwise stipulated.
17. Environmental:
(a) Following execution of this License Agreement by the City, Nextel shall, at its expense, contract the
services of a qualified environmental firm or individual to perform to current ASTM standards, a commercial Phase I
environmental audit of the Licensed Premises 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 Nextel a potentially
hazardous materials or waste situation, then Nextel shall be entitled, at Nextel expense and option, to perform a Phase II
environmental 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, so long
as Nextel shall be responsible for and remain liable to the City for any damages which may occur to the License Premises or other
City property during such investigations. It is mutually agreed between the parties that should the environmental investigations
herein described reveal to Nextel a potential or actual problem coocerning hazardous materials or waste in or about the License
Premises, upon providing copies of the environmental reports and reasonable written notice to the City, Nextel shall be entitled to
terminate this License Agreement.
(b) If Nextel chooses not to terminate this License Agreement as provided above, it shall deliver to
the City copies of all environmental reports resulting from investigations of the Licensed Premises not later than thirty (30)
days preceding the Commencement Date as defined in Paragraph 4, The City shall have the privilege of reviewing and
independently verifying the findings and conclusions contained in each and all of the reports, and at its sole option, may accept
the reports or reject the reports in their entirety, in which event the City may terminate this License Agreement, provided that
Nextel receives notice of the City's intent to terminate within thirty (30) days after the City's receipt of such environmental
reports, If the City elects not to terminate this License 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 Licensed Premises, and the City shall
defend and hold Nextel harmless from any pollution or hazardous substances or wastes established as the environmental
baseline, subject to any defense or limitation available to the City pursuant to Section 768.28, Florida Statues, Nextel shall
thereafter indemnify, defend and save harmless the City, its 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 pollution or hazardous substances or waste involving the License Premises caused
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by Nextel, whether known or unknown to the City, whether based in federal, state, or local environmental or other laws; strict
liability or common law; including those arising from continuing violations after Nextel's occupancy if such violations can
reasonably be determined to have been caused directly by Nextel, its employees, agents, vendors, contractors, or any person or
entity acting for or on behalf of Nextel. These covenants by Nextel 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 in connection with a matter covered
by this indemnity, Nextel shall be solely responsible for responding to such governmental or administrative agencies claims
relating to contamination of the Licensed Premises as may be directly attributable to Nextel, its employees, agents, contractors,
or any persons or entity acting for or on behalf of Nextel during the term of this License Agreement, or any extension thereof,
of after termination,
(c) Upon expiration or termination of this License Agreement, Nextel shall, at its expense, procure a
Phase I environmental audit and if appropriate a Phase II environmental audit and investigation in accordance with ASTM standards
in the same manner as described in Section 17a above, Should the results of such studies and tests reveal any environmental
contamination of the Licensed Premises in amounts and/or concentrations exceeding acceptable levels as then established by
applicable governmental authorities, Nextel 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
Nextel, its employees, agents, contractors, or any persons or entity acting for or on behalf of Nextel during the term of or any
extension of this License Agreement, or after termination.
(d) Nextel agrees to provide the City within seven (7) days of execution by Nextel copies of all
registrations, reports, closure assessments and certifications of financial responsibility forms as may be required to be
submitted to the State Department of Environmental Protection, or its successors, pursuant to Rules of the Florida
Administrative Code.
( e) The City and Nextel mutually covenant and agree that during the term of this License Agreement, or
any extension thereto, to fully comply with all Federal, State and Local environmental laws and rules, Each party 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 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.
18. Tests: Nextel 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 defined in paragraph 4, The terms of Paragraph 12
(Liabilities and Indemnity) shall also apply,
19. Fixtures: The City covenants and agrees that no part of the improvements constructed, erected or placed by
Nextel 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 Nextel on the Licensed Premises shall be and remain the
property of Nextel.
20. Assil!llIllent and Subletting: Licensee may not assign, or otherwise transfer all or any part of its interest in
this License Agreement or in the License Premises without the prior written consent of the Licensor; 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 License Agreement as set forth in Paragraph 22, Licensor may assign this License Agreement upon written notice to
Licensee, subject to the assignee assuming all of Licensor's obligations herein, including but not limited to, those set forth in
Paragraph 22, Notwithstanding anything to the contrary contained in this License Agreement, Licensee may assign, mortgage,
pledge, hypothecate or otherwise transfer without consent its interest in this License 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.
21. Memorandum of License Al!I"eement: Following the execution of this License Agreement, either party, at its
sole expense, shall be entitled to file a Memorandum of License Agreement of record in the public records of Pinellas County,
Florida,
22. Waiver of Licensor's Lien: Licensor waives any lien rights it may have concerning the Communications
Equipment which are deemed Licensee's personal property and not fixtures, and Licensee has the right to remove the same at any
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time without Licensor's consent. Licensor acknowledges that Licensee has entered into a financing arrangement including
promissory notes and financial and security agreements for the financing of the Communications Equipment (the" Collateral") with
a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities), In
connection therewith, Licensor (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as
fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or
distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal
proceedings,
23. Other Conditions:
(a) The City acknowledges that following the execution of this License Agreement, Nextel shall 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
Nextel 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 Agreement 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 be withheld or delayed, and all
such determinations shall be made on a reasonable basis and in a reasonable manner.
(c) The City covenants with Nextel that it 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 Agreement 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) Nextel covenants and agrees that Nextel Communications Equipment and installation, operation
and maintenance shall not irreparably damage the North Water Tank, its supporting structure, any accessory equipment and
facilities related thereto, nor its Licensed Premises; nor interfere with the operation and function thereof, Should it be
determined by the City at any time during the operation of this License Agreement that Nextel is in violation of any covenant
given in this provision, such violation shall be deemed to be a default by Nextel and shall be subject to remedy as provided in
paragraph 14 hereof,
(e) Nextel shall comply with all applicable rules and regulations of the Federal Communications
Commission and the ordinances of the City, including but not limited to the building and electrical codes of the City,
(t) If any City facility existing within the Licenses Premises, and appurtenant to rights granted herein to
Nextel, is damaged for any reason so as to render it substantially unusable for Nextel'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 damaged facility to its condition prior to such damage.
Provided, however, in the event the City fails to repair the damaged facility within the said ninety (90) day period, Nextel or the
City shall have the right to terminate this License Agreement with no further obligations hereunder.
(g) During the term of this License Agreement, or any extensions thereof, the City may, as provided in
paragraph 2, grant a similar license to any other party so long as such grant would in no way interfere with Nextel's use of its
Communications Equipment, In the event of any interference arising from the installation or operation of communications
equipment in or upon the License Premises by any other party subsequent to the Commencement Date of this License 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 License Premises, It is explicit to this provision that Nextel shall not change
the frequency, power or character of its equipment which would foster or create such interference, without first obtaining the
written consent of the City and any other party properly licensed to use any portion of the premises or facilities of the North Water
Tank, which consent shall not otherwise be unreasonably withheld. It shall be deemed that an antennae centerline separation of
twenty feet (20') for antennae as hereinafter described shall be sufficient to meet the non-interference criteria of this paragraph.
(h) If the Licensed Premises are condemned or transferred in lieu of condemnation, Nextel may elect to
terminate this License Agreement as of the date of the condemnation or transfer in lieu of condemnation by giving notice to the
City no more than forty-five (45) days following the date of such condemnation or transfer in lieu of condemnation, If Nextel
chooses not to terminate this License Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement
of use of the Licenses Premises.
(i) The City acknowledges that it, and not Nextel, shall be responsible for compliance with all tower
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marking and lighting requirements of the Federal Aviation Administration and the Federal Communications Commission for
the Tower. However, Nextel acknowledges that it, and not the City, shall be responsible for compliance with all tower
marking and lighting requirements of the Federal Aviation Administration and the Federal Communications Commission which
are required as a direct result of Nextel's use and occupancy of the Tower. Each party shall hold the other harmless from any
fines or other liabilities that are the result of the defaulting party's failure to comply with its responsibilities, The non-
defaulting party may terminate this License Agreement as provided in paragraphs 13 and 14 if the responsible party fails to
fulfill its obligations as stipulated herein,
24.
following:
Radon Gas Notification: as required by Section 404.056(8), Florida Statues, Nextel shall take notice of the
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 information regarding radon and radon testing may
obtained from your county public health unit,
25. Entire Al!reement and Bindinl! Effect: This License Agreement and any attached exhibits signed or
initialed by the parties constitute the entire agreement between the City and Nextel. No prior written or prior contemporaneous
or subsequent oral promises or representations shall be binding. This License Agreement 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 Agreement. The provisions of this License Agreement 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 assignment and subletting by Nextel.
26. Miscellaneous:
(a) If any provision of this License Agreement is invalid or unenforceable with respect to any party,
the remainder of this License 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 License Agreement shall be valid and enforceable to
the fullest extent permitted by law.
(b) This License Agreement shall be governed by the laws of the State of Florida.
(c) Licensee may obtain title insurance on its interest in the Land, Licensor shall cooperate by
executing documentation required by the title insurance company,
(d)
All Riders and Exhibits annexed hereto form material parts of this License Agreement.
(e)
deemed an original.
This License Agreement may be executed in duplicate counterparts, each of which shall be
written,
IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date and year first above
Licensee:
Signed, sealed and delivered in the
presence of:
Nextel South Corporation, a Georgia
Corporation d/b/a Nextel Communications
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STATE OF GEORGIA
COUNTY OF
G-tdlnM i+
BEFORE ME, the undersigned, personally appeared John Cafaro, Vice President of Nextel South Corporation, a
Georgia Corporation d/b/a Nextel Communications, whom, being duly authorized by said corporation, executed the foregoing
License Agreement and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth,
WITNESS my hand and seal this l day of
~, DV t rn hel
,2000.
, I' ':
}Jigl C/ I h ('-~~//~rrJf.!f\-/
No Public
Print/Type Name: rnA-f..J ~ (' h€ '0. ~---rr;;;rnps~
[~rsonallY Known
[ ] Provided Identification
Type of Identification Provided:
~",'''"''''''','
,\,,\ (J~EIA 1"1:"1"
~'~ N~.";~~'~';'';''~%
;:: 51) ..',..:"...J""IQ. ~
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::: : '"* ~ O~
= If- :~ 23 ~ z ::
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//11/ Y p\.J ~\\~
/1/111' IIU"\'\~
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Countersigned:
~
Approved as to form anlllegal sHfijci~
STATE OF FLORIDA
'L:l _A/J
COUNTYOF 7~
I
Licensor:
CITY OF CLEARWATER, FLORIDA,
a Florida Municipal Corporation
BY:~~4
liam B, Horne, II, Interim City Manager
, Goudeau, City -Clerk
Attest:
Print Name:
BEFORE ME, the undersigned, personally appeared William B. Horne, II, Interim City Manager of the City of
Clearwater, Florida, a Florida Municipal Corporation, who executed the foregoing instrument and acknowledged the execution
thereof to be his 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~ I day of ~
NotuyPublk ~ ;(. ~
Print/Type Name: NOTARV PUBLIC. ~ATE OF fLORIOA
GA1'OL , N L BRINK
COMMISSION II CC834678
EXPIRES 5122/2';'_,:
BONDED THRU ASA , -8S8-e',O"ARY1
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EXHmITS
RE: LICENSE AGREEMENT dated 1'ta>\lQ.w.t~ al ,2000, governing the utilization of property and facilities owned
by the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, at 1780 Weston Drive, Clearwater, Florida, to
NEXTEL SOUTH CORPORATION, a Georgia Corporation d/b/a Nextel Communications,
EXHmIT "A": Approximate depiction of catwalk railing antennae installation,
EXHIBIT "B": Approximate depiction of equipment cabinets installation and cabling,
EXHIBIT "C": Legal Description of Parent Parcel & Licensee Premises.
(Note: Above described EXHIBITS to be attached to and a part of referenced License Agreement orior to its submission to the
Clearwater City Commission for approval and execution, Actual "as builts" to be provided later in accordance with License
Agreement provisions,)
(Exhibits: Pages 11-13 )
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EXHIBIT A
APPROXIMATE DEPICTION OF CATWALK RAILING ANTENNAE INSTALLATION
to the License Agreement dated (\Q)\J~~~ , 200Q., by and between the City of Clearwater, Florida, a
Florida Municipal corporation as Licensor, and Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as
Licensee.
/
PROPOSED
2" ~ SCHED 40
GAL'I STEEL PIPE
-~
...............
/
PROPOSED
(2) - ~2"~ x 1'-0" Lor.le.
THREADED ROD~
WI (4) - NUTS .AND '/lASHERS
EA ROD (TYP)
~
...
N
"
EXISTING
FIELD DRILL
(2) - ~~6"~ HOLES
tTyP)
(2) - V ClAMPS--
I
;
I 0
0
I iiJ
...
0
N
PROPOSED COAX.
MOUNTING 8RACKET
NOT SHOWN FOR ClioRITY
(TYP)
(2) - V ClMiPS
EXISTING CATWALK F"t.:..TE
~O" (='
.N
-....
....
N
....
-.'-
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EXHIBIT B
APPROXIMA TE DEPICTION OF EQUIPMENT CABINETS INST ALLA nON AND CABLING
to the License Agreement dated {ku~ a. \
Florida, a Florida Municipal corporation as Licensor, and Nextel
Communications as Licensee,
, 2000, by and between the City of Clea{water,
South Corp" a Georgia corporation, d/b/a Nextel
,._..~
P.l::II'O'S(g"",l[~...
d.' . . n n. r~~::~:',:u.,'m".
n -- ".t/4roOl$T;.1W11'5
::'M'I\~ ,,,,"",_,,,
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I (/1 ( tAl, U f3',
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(;\ i \1 n j;;;"J!''> ..
IlvV<i \ I I~ ~l Y / / r~4.C
il .r ! \ !
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~~, J. _ G.i:~ \h ji. 1 ! I !..-,'"""
~~i~.~?"4;~;'~~7r '~~~:~~~~~~=1~~~~:~~~:~
." ~~. ^ r
----- ---11:;;-.-11'" J-
Sei" 15'tr'E11'1 .-,.t:uln .~..~ \ "
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TIOt!: a,oR'''' llN( 0" T)of( SOCIO 3.....1~WIn---" 1 '\ I
SOu'''' ~o 0' OF II"( ['&5' 10 JeTl') I \
~o~.: s::r...:~'r J:l ~ I 1
TI"( sc..urH..-{ST .,. ., I' I
'I ~ ~~~~Rl..,.~O';;S;: r ~I ~ \
'POINT OF BEGINNING ~I ~
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SiltC )te-lS no' 4.l I
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\
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POINT OF COMMENCEMENT
TH( NORTHWEST COJrNf.~ 01 T~ SOUTH 1'0.0 FEET
01 llol( ("ST 110.0 FUT or TWE NORTH J22.0 FEET
OF ,"'[ soun.wtsr lJ' 0' TIoI( SOU'l-lwCST ,/& or
SECTION 2. TOwlrol~ 29 SOUTH ANfC( l~ [.AST.
N{lrCl 1,[A$( Nt(A
Feu .- I ,-
_ s>>cn OAll 5UeoIVISIOH-
---
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... ~ ~ .. . ,_ ,r ,I.V.\.I~ ~./..)>~, ...._~' '~.:. ;:;..;,.
~<".I:-~'/0)'~)~&';<--/.1,.~~q~ IC""'_,I ~~V'~:"'~J"~/~.....~ . r'-;('
5iir~:b~~~~~~~;{:~~:~~ :1I1l1~ ~~~~g~~~L~i
~)~'&~~.:'2"~~:'~<.$~>:~-@::;:'~':~ 1i:nT ~"'-;'~1::>?'~~~~~<j,:~~~
."'. "/$'~q~)'-:~;~~'\'1'~1')f.'j::~~~;, illl ~'l~-.i}-l::~':'~""'J'~0:C~;:'
r,,'h"~)r", "'W/.V>~"{<J"lW.7 ~ ~'.,5".'<)~I::~~r:,)""J-i-~.,;"
--,,1.': ~~~1:;~;;~\~~~j'
L ~'4~>-.;,.>;.~:-~'';'l,::}:':;'~;9.~''S'
I ;~/":v~;...""" .....,............
T.-1NK ElEVAnON
,.g ~ ~~ ;,;."'.:
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t.I..c')IoI{~
-, ............,.II~~I~;~~:-
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...... ".... ," - ~ ,I' l~r--I\;[ ;;'...~~.:.~,;:;"
-... ~ !~. c.[;.I\'_....'\1"..,
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\~~ r;:.;;--;;i,~.:ti,......,,,
..-:--:~: <-.en!":. ~.,..n ~
...... ,,'J)_ ...... '~I:'.;.~: . r .::) -0;.. ::'<~~'~l
"" - ~-- ~~~" j I \[~~\\I~~/ . ~
~~
\i;M~~~~} .. . .. . ;,w iLG ~r~;;~" ::. I"~
~_W~",;,p.' ,'.. "1~l.II"ll ..-0/ .
~~~f.;1~:w~~ii~/ :' ~,
~"'~~~....."'~~;~-:.~
!i,~y~ ....1
NOT TO SCALE
Notes:
1) This Exhibit may be replaced by a land survey of the Premises once it is received by Licensee.
2) Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental
authorities.
3) Width ot access road shall be the width required by the applicable governmental authorities, including police and fire
departments.
4) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only, Actual
types, numbers, mounting positions are governed by License Agreement provisions, as amended from time to time,
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EXHIBIT C
LEGAL DESCRIPTJON OF PARENT PARCEL & LICENSEE PREMISES
(PER KCI TECHNOLOGIES SURVEY, JOB NUMBER 109041Y, AS REVISED 5/31/00)
to the License Agreement dated ~~ a-l , 200 0, by and between the City of Clea;water,
Florida, a Florida Municipal corporation as Licensor; and Nextel South Corp" a Georgia corporation, d/b/a Nextel
Communications as Licensee.
DESCRIPTION PARENT TRACT (AS PROVIDED)
THE SOUTH 150.0 FEET OF THE EAST 180.0 FEET OF THE NORTH 322,0 FEET
OF THE NORTHWEST 1/ 4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA.
DESCRIPTION NEXTEL LICENSED AREA (AS SURVEYED)
A PARCEL OF LAND LYING WITHIN THE SOUTH 150,0 FEET OF THE EAST 180,0 FEET
OF THE NORTH 322.0 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT A 4"X4" CONCRETE MONUMENT MARKING THE NORTHWEST CORNER
OF THE SOUTH 150.0 FEET OF THE EAST 180.0 FEET OF THE NORTH 322.0 FEET OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2'
THENCE S89. 25'11"E ALONG THE NORTH LINE OF SAID SOUTH 150,0 FEET OF THE EAST
180,0 FEET OF THE NORTH 322.0 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
A DISTANCE OF 95.11 FEET; THENCE SOO.34'49"W A DISTANCE OF 10.30 FEET TO THE
POINT OF BEGINNING; THENCE N90.00'00"E A DISTANCE OF 30,00 FEET; THENCE SOO.OO'OO"E
A DISTANCE OF 20.00 FEET; THENCE S90.00'00"W A DISTANCE OF 8.86 FEET; THENCE
SI9.23'33"E A DISTANCE OF 14.38 FEET; THENCE N90.00'00"E A DISTANCE 25,92 FEET;
THENCE N62.26'30"W A DISTANCE 4.00 FEET; THENCE N27" 33'30"E A DISTANCE 7.68 FEET:
THENCE NOO.OO'OO"W A DISTANCE OF 24,91 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 934,60 SQUARE FEET OR 0,021 ACRES MORE OR LESS
DESCRIPTION LICENSED ACCESS AND UTILITY AREA (PER THIS SURVEY)
AN ACCESS AND UTILITY EASEMENT lYING WITHIN THE SOUTH 150.0 FEET OF THE EAST
180.0 FEET OF THE NORTH 322,0 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT A 4"X4" CONCRETE MONUMENT MARKING THE NORTHWEST CORNER
OF THE SOUTH 150.0 FEET OF THE EAST 180.0 FEET OF THE NORTH 322.0 FEET OF THE
NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2:
THENCE N89.25'11"W ALONG THE NORTH LINE OF SAID SOUTH 150.0 FEET OF THE EAST
180.0 FEET OF THE NORTH 322,0 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/ 4
A DISTANCE OF 95,11 FEET; THENCE SOO.34'49"W A DISTANCE OF 10,30 FEET; THENCE
N90.00'00"E A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S19.23'33"E
A DI5T ANCE OF 75.80 FEET; THENCE SOO.08'10"E A DISTANCE OF 19,07 FEET; THENCE
S90.00'00"W A DI5T ANCE OF 20.08 FEET; THENCE NOO.OO'OO"W A DI5T ANCE OF 16,04
FEET; THENCE N90.00'00"E A DI5T ANCE OF 5.20 FEET THENCE N19.23'33"W A DI5T ANCE
OF 57,81 FEET; THENCE N90.00'00"E A DISTANCE OF 8.86 FEET; THENCE SOO.OO'OO"E A
DIST ANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
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