|
SITE LEASE AGREEMENT
<br />BETWEEN THE CITY OF VERO BEACH
<br />AND INDIAN RIVER COUNTY, FLORIDA
<br />9 L70
<br />THIS SITE LEASE AGREEMENT (this "Agreement") is made and entered into as of the - J day of
<br />i ;(- -1"'- 2022 (hereinafter "Effective Date") by which the CITY OF VERO BEACH, a
<br />F+I. rids municp 1 corporation, whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389
<br />("Owner" or "Cit}"), leases to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State
<br />of Florida, its affiliates, whose mailing address is 1801 27"' Street, Vero Beach, Florida 32960 (the
<br />"Lessee"), the "Leased Premises" described below (which is part of that certain real property owned by Owner
<br />(the "Property") and is more fully described in EXHIBIT "A" attached hereto, for the purpose of constructing,
<br />operating and maintaining a wireless communication antenna and related equipment. City and Lessee may
<br />also be referred to herein individually as a "party" or collectively as the "parties."
<br />NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH
<br />HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
<br />1. Premises and Use.
<br />(a) Owner hereby leases to Lessee and Lessee leases from Owner approximately 0.64 acres located
<br />at 1340 Old Dixie Highway, a/k/a Old City Nursery Site, Vero Beach, Florida, and all access and utility easements
<br />necessary or desirable therefor ("Premises" or "Leased Premises"), as described in EXHIBIT "A" and shown in
<br />EXHIBIT "B" subject to certain conditions contained in the City Charter. Included on the Leased Premises is an
<br />existing communications tower and equipment.
<br />(b) The Leased Premises will be used by Lessee, or its assigns or sublessee, including Towerpoint,
<br />and its customers, for maintaining, repairing and operating, at its expense, a communications facility for Indian
<br />River County's emergency services and the County's communication network, which the City utilizes, and other
<br />customers, subtenants, assigns or sublessees, including, without limitation, transmitting and receiving antennas,
<br />microwave dishes and communications equipment, air conditioned equipment shelter and/or cabinets, cable
<br />wiring (excluding tower cables), back-up power sources (including generators), related fixtures and appurtenances
<br />(collectively "Lessee's Equipment"), which shall all be screened in accordance with Owner's applicable
<br />ordinances. Notwithstanding the foregoing, Lessee shall not be permitted to maintain fuel storage tanks except for
<br />use in connection with any generator within the Leased Premises and any expansion to the existing tower or new
<br />tower, shall be subject to, and only to, approval of the City's land development code and regulations. In the event
<br />the Leased Premises are no longer used for the purposes stated herein, the tower site and Leased Premises shall
<br />revert to the City unless such other nonconforming uses are approved in writing by the City and the nonconforming
<br />uses are allowed by City Charter. The Leased Premises and tower will revert to the City in the event the Lessee,
<br />Sublessee, or Assign abandons or ceases to use the Leased Premises for the uses noted above for a period of five
<br />(5) or more years, and the improvements may be removed as provided in section 10. Owner shall provide Lessee
<br />one year's notice of its intent to terminate the Agreement due to such abandonment or cessation of use.
<br />(c) Reserved.
<br />(d) All of Lessee's construction, installation and repair work shall be performed at Lessee's sole cost
<br />and expense and in a good and workmanlike manner, all in accordance with Owner's applicable Charter and
<br />ordinance.
<br />(e) The Leased Premises described above are located in the location(s) shown on EXHIBIT "B,"
<br />attached hereto and made a part hereof. The Leased Premises shall also include the non-exclusive use of an area
<br />Page 1 of 12
<br />
|