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TOWER SPACE LEASE <br />STATE OF FLORIDA <br />COUNTY OF INDIAN RIVER <br />/7 mac. <br />96./// <br />Indian River County Board of County Commissioners, hereinafter <br />called "Lessor", and Federal Aviation Administration, P.O. Sox <br />20636, Atlanta, OA 30320 <br />hereinafter called "Lessee", agree as follows: <br />W I T <br />N E S S E T H: <br />1. In consideration of the mutual covenants stated herein, the <br />Lessor does hereby grant permission to the Lessee to install and <br />operate radio communication equipment on Lessor's property at 5350 <br />77th Street, Kiwanis-Hobart Park, Wabasso, FL <br />2. The antenna shall be installed upon the tower located at <br />Latitude 27 degrees 44 minutes 10 seconds North and Longitude 80 <br />degrees 27 minutes 26 seconds West, at a height of 400 feet above <br />ground level. Flexible coaxial transmission lines shall be installed <br />between the antenna and the radio equipment. Such coaxial lines <br />shall be firmly anchored to the tower. Radio communications <br />equipment consisting of transmitter, receiver and accessories shall <br />be installed in the tower equipment shod located at the bass of the <br />tower. Lactase nha11 have the right to occupy not more than ten <br />square feet of floor space for installation of such equipment. <br />Committed tower utilization space, including protective clearance <br />above and below the antenna(s), shall not exceed four feet. <br />3. The term of the lease and the Lessee's obligation to pay <br />rent shall commence on the lit day of October, 1996. The term of <br />this lease shall be one year eiolaiNiKalinj0OgiatiaiadiikielatiiiiPCAWCW44 <br />tmcc attkand may be renewed annually thereafter unless within 30 day <br />prior to the expiration of the term thereof, or any renewal under <br />this provision, either the Lessor or the Lessee shall notify in <br />writing the other party to this lease that it does not desire to have <br />the lease renewed. The Lessor reserves the right to terminate this <br />lease upon 60 days' prior written notice by Lessor to Lessee that the <br />property is needed for an overriding public purpose:Provided that no renewal <br />hereof shall extend the period of occupancy of the premises beyond the 30th day of Sept., 2016. <br />4. The Lessor shall also have the right to terminate this <br />lease at any time if: <br />A. The Lessee's operations conflict with the activities <br />of the Lessor or of other tenants located at the premises, and such <br />conflict cannot otherwise be reconciled without prejudice to the <br />Lessor or its tenants. <br />B. The Lessee abandons the premises or uses the premises <br />for any unauthorized purpose. <br />C. The tower is wholly or partially destroyed from any <br />cause and cannot be reasonably repaired, <br />B. The Lanese may terminate thin lease upon 60 days' written <br />notice to Lessor if the leased premises become unfit or undesirable <br />for use for the Lessee's purposes. <br />6. This lease shall be binding upon the respective parties, <br />their assigns and successors. The Lessee may assign its rights and <br />obligations under this lease only upon prior written approval of the <br />Lessor, and such approval shall not be unreasonably withheld. <br />7. Lessee takes the facilities "as is" and Lessor does not <br />warrant that the facility is sufficieht for the use intended by <br />Lessee. Any modifications necessary to make the facility usable by <br />the Lessee may only be made after approval by the Lessor and shall be <br />made at the sole expense of tie Lessee. <br />1 <br />11 nr,� •�U <br />4• <br />4 � i <br />