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Machine-extracted text — 20-Verizon Site Access Agrmt 3-21-14.pdf
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SITE ACCESS AGREEMENT
This Site Access and Indemnity Agreement (this “Agreement”) is executed by Verizon Wireless
Personal Communications LP d/b/a Verizon Wireless (the “Licensee”), whose principal business
address is 180 Washington Valley Road, Bedminster, NJ 07921, and Okaloosa County (the
“Owner”), whose mailing address is 602 -C North Pearl Street, Crestview, FL 32536.
BACKGROUND
As part of Licensee’s investigations and consideration pertaining to the suitability of that
certain real property (the “Property”) located at 1701 Florida 85, Eglin AFB, Okaloosa County, FL
32542, for the placement, maintenance and use of a communications facility and appurtenant uses,
the Owner has agreed to grant to Licensee and other persons, as described herein, a license, among
other things, to conduct environmental inspection, testing and sampling activities on the Property.
The purpose of this Agreement is to memorialize the understandings of Licensee and Owner
regarding the foregoing investigations, including without limitation, the terms and conditions of the
environmental testing and sampling to be conducted by Licensee’s authorized agents, contractors,
consultants and employees, and to enter a site access license to implement same.
NOW THEREFORE, in consideration of the mutual promises, covenants, undertakings, and
other considerations set forth in this License, Licensee and Owner agree as follows:
1. Ownership & Effect. Owner hereby represents to Licensee that: (1) Owner is the owner of
the Property; (2) Owner has exclusive and absolute control over the Property and has not granted to
another party the right to use the Property; and (3) Owner is under no legal obligation to restrict
Licensee’s access or use of the Property in a manner inconsistent with the terms of this Agreement.
The Owner hereby grants a license that is limited in purpose and scope to the least amount of access
which is required to undertake and fully complete the investigations contemplated herein, and this
Agreement does not represent a lease or create in Licensee, any interest in the Property or any other
property owned by the Owner or create a partnership, joint venture or any association or relationship
between the Owner and Licensee.
2. Access to Property and Owner’s Consent. Owner grants to Licensee and its agents,
advisors, employees, consultants, representatives, and independent contractors, including
environmental contractors and consultants hired directly or indirectly by Licensee (collectively, the
“Licensee Representatives”), the right, but not the obligation, of ingress to, egress from, and access
under, above, and through, the Property for the purpose of allowing the Licensee Representatives to:
(1) conduct radio tests, including the placing of radio broadcast/receive equipment on the Property
for necessary periods; and (2) conduct physical, structural and geotechnical testing; and (3) conduct
environmental inspections, tests, collect samples of soil, water, soil vapor, indoor air, building
materials and other substances, including in regard to painted surfaces, sufficient samples of paint by
removing it from the structure for laboratory analysis, and perform any other environmental
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assessment activities that they reasonably determine to be appropriate; and (4) establish wetland and
other natural system jurisdictional delineations in cooperation with the appropriate governmental
agencies; and (5) conduct boundary and other surveys deemed necessary by Licensee, in Licensee’s
sole discretion. Without limiting the generality of the foregoing, the Licensee Representatives may
drill into the soil, drill through pavement, remove reasonable amounts of soil, install and sample
monitoring wells, and perform other tests, actions, procedures, and treatments to assess (A) the
environmental condition of the Property and (B) past or present compliance with all environmental,
health and safety laws applicable to the Property and (C) the busines
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