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1999-289
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1999-289
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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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covenants herein provided, shall peaceably and quietly have and enjoy the Property. <br />B. Lessor hereby grants to Lessee, as a primary inducement to Lessee's entering into this <br />Lease, the first priority tight to install its antennas and operate its communications <br />equipment at the Tower. From time to time Lessor may grant to other entities the <br />right to operate their communications equipment at the Tower and/or the right to <br />install antennas in connection with the operation of such communications equipment, <br />provided, however, that Lessor shall not allow the operation of such communications <br />equipment and antennas brother tenants to interfere with the operation of Lessee's <br />antennas and equipment as it exists at the time of such other tenant's installation of <br />as it may be modified at any time during the term of this Lease, as the same may be <br />extended. if any such interference occurs. Lessor agrees to eliminate or cause the <br />elimination of such interference with Lessee's operations within it reasonable time <br />after receipt of Lessee's notice of such interference and, if necessary, to cause the <br />interfering party to cease its operations. If such interference continues for more than <br />thirty (30) days after Lessee's notice to Lessor with respect to such interference, <br />Lessor shall require the party causing the interference to cease using the equipment <br />which is causing the interference. <br />15. Lessor agrees: <br />A. To maintain the radio lower in good working condition at all times in order that the <br />Lessee may have the use of said tower as contemplated herein, and <br />B. To maintain the radio lower strictly in accordance with the requirements of the <br />Federal Communications Commission and all required Governmental rules and <br />regulations. <br />16. The Lessee does agree to indemnify and save Lessor harmless from any and all claims, <br />liability, losses and causes of action which may arise out of Lessee's interest in the leased prermses <br />under the lease agreement or the Lessee's activity on the demised premises, The Lessee shall pity <br />all claims and losses of any nature whatsoever in connection therewith, arid shall defend all suits, <br />at the Lessor's requires, in the name of the Lessor when applicable, and pay all costs and judgments <br />which issue therefrom. The foregoing indemnification shall not apply to claims, liability, losses and <br />causes of action which arise solely or ill part from tile negligent or intentional acts of Lessor. <br />17. The Lessee shall maintain public liability insurance, naming Indian River County its all <br />additional insured, with policy limits of no less than $100,000.00 per occurrence and $300,000.00 <br />aggregate at all times during the term of this lease. The Lessee shall provide proof ofinsure nce to <br />the Lessor at the time this lease is executed, and with each annual rental payment. Notwithstanding <br />the foregoing, Lessee may self -insure its obligations under this lease, <br />18. Lessee's equipment shall remain personal to and the property of Lessee. At the termination <br />of this lease, Lessee shall promptly remove all its equipment and shall, at Lessee's expense, restore <br />5 <br />
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