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1999-289
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1999-289
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Last modified
1/12/2024 2:23:10 PM
Creation date
1/12/2024 2:21:16 PM
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Official Documents
Official Document Type
Lease
Approved Date
11/16/1999
Control Number
1999-289
Entity Name
Florida Power and Light Company
Subject
Tower & Ground Space Lease
Install & operater Radio Communications
Equipment at Hobart Park
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s <br />E. If Lessee determines that the Property has become unsuitable for Lessee's operations <br />due to changes in system or network design or in the types of equipment used in such <br />operations of Lessee's operations at the Property become unprofitable; or <br />F. If Lessee constructs its own tower facilities; or <br />G. If after an agreed upon engineering evaluation, Lessor's tower is found to be <br />structurally and operationally insufficient to meet the requirements of Lessee or if <br />Lessor is unable to obtain all necessary permits or approvals for such tower. <br />H. Any termination notice rendered by Lessee pursuant to this Paragraph shall cause this <br />Lease to expire; upon the 60th day after such notice or later (late if specified in such <br />notice and the parties shall make an appropriate adjustment, as of such termination <br />date, with respect to payments due to the other under this Lease. <br />7. This lease shall be binding upon the respective parties, their assigns and successors. Except <br />to Lessee's parent or affiliate company, Lessee may assign its rights and obligations under this lease <br />only upon prior written approval of the Lessor, and such approval shall not be unreasonably <br />withheld. <br />8. Lessee takes the facilities as is and Lessor does not warrant that the facility is sufficient for <br />the use intended by Lessee. Any modifications necessary to make the facility usable by the Lessee <br />may only be made after approval by the Lessor, such approval not to be unreasonably withheld, and <br />shall be made at the sole expense of the Lessee, <br />9. The patties acknowledge and agree that as consideration for Lessor granting to Lessee the <br />tights set forth in this Lease, the parties agree as follows: <br />A. As a one time initial rental fee and in exchange for free use of the Hobart Tower for <br />the Lessee's 900 MHz Communications System equipment and antenna space for a <br />period of ten years, the Lessee, at its expense, will place a 12'x 20' concrete shelter <br />on an elevated foundation capable of withstanding the high wind and flooding that <br />could result from a Category 4 hurricane and make available the necessary space to <br />relocate the Indian River County 15 channel EDACS hot back up 800 Matz <br />Communications System to the equipment building, and in addition will provide the <br />services or equipment as follows: <br />1. The Lessee will, at its expense, relocate the County EDACS system, and <br />associated equipment, to the FP&L equipment building ensuring it is <br />operational after the relocation. <br />2. The Lessee will provide a generator with automatic power, start, and transfer <br />switch to preclude extended power outages for use by the lessor at no charge <br />
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