HomeMy WebLinkAbout2005-004 N NEXTEL IN -BUILDING SERVICE AND EQUIPMENT AGREEMENT ("AGREEMENT")
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Customer Name: Indian River County , Florida ("Custtxner ) Address: 1840 25th Street
City: Vero BEach State': FL Phone: 772 - 226 - 1318
I Equipment Installation Address (if different from Customer Address):
\ `The following determines the Nextel contracting party to this Agreement: If CT, DC, DE, MA, MD, ME, NH, PA (except Pittsburgh metro area),
RI , VA VT and southern NJ : Nextel Communications of the
Mid-Atlantic, Inc. If CA or NV, Nextel of California , Inc. If NY or Northern NJ , Nextel of New York, Inc. If PR, Nextel of Puerto Rico,
Inc. If Texas, Nextel of Texas, Inc. If AL, AR, FL, GA, LA, MS, NC, SC, TN ,
Nextel South Corp. If AZ, CO, His ID, IL, IN , IA, KS , KY, MI , MN, MO, MT, NE, NM, ND, OH, OK, OR, SD, UT, WA, WV, WI , WY, and
Pittsburgh, PA metro area, Nextel West Corp. ("Nextel").
General description of equipment to be installed: Fees: 0 cost to customer
BDA and related cabling , antennas , ancillary Installation , cabling and other non-recurring costs:
equipment , and mounting materials . $ U
Monthly Use Fee: S
This Agreement supplements the terms and conditions in Customer's current ServicdSubsaiberManket Ordering Agreement (referred to as the 'Service Agreement'). In the event
that Customer does not have a current SeMce Agreement with Nextel, Customer's use
of Nextel's service and equipment is governed by the terra and conditions set font on www.Nextel.comllerms as of the date of this Agreement. and this Agreement shall supplement
those terns. These terms and conditions may be updated from time to time. It Is
Customer's responsibility to check the website and www.Nextel.convler s from time to fine. ff Customer does not accept any changes to the terns and conditions. Custorner
may terminate this Agreement M accordance with Section 8(c) below.
1 . LICENSENSE OF SPACE. Customer hereby grants to Nextel, a non-transferable (except to Nexlel's affiliated companies Interference cannot
be corrected or eliminated, Nextel shah remove the BDA from Customer's premises, and this Agreement shall
providing Service) and non-exclusive limited license to install, maintain and operate certain wireless communications equipment immediately terminale.
('Equipment" as defined herein) at the location described in Section 3 ('Premises") below. Nexlel understands and agrees that
the right to use Customers Premises is a limited license and Is not Intended to convey any real estate interest in and to the 5. BREACH. In
the event that Custortar fats to perform any other obligation under Ods Agreement, or becomes insolvent, assigns
Premises, and Nextel shat use the Premises solely and exclusively for the Installation, maintenance and operation of the Its assets
for the benefit of creditors or enters (voluntarily or involuntarily) a bankruptcy proceeding, or any representation.
Equipment. warranty or covenant made by Customer Is false, incorrect or untrue in any material respect, Customer shall
be in default under
Ods Agreement. In event of a breach, Nextel shad have at of the rights set forth in the "Non-Payment/Breach"
section the Service
2. EOUIPMENT. Legal title to the d-directional amplifier ('BDA") and any and all ancillary equipment associated with the BDA Agreement.
M addition. Nextel shah have the right to enter the Premises and remove and take possession of the Equipment and
(cotlectively the "Equipment") shall at all times vest in Nextel. The Equipment Incudes, but is not limited to, the BDA and all Nextel may
pursue any other remedies available to Nextel under to UCC or any oder law.
antenna, cables (coaxial and otherwise) and coaxial connectors Instated by Nextel on Customer's Premises. Customer's interest
In the Equipment shat be United to its possession and use; Customer Shell protect, and to the extent stowed by law indemnify 6. CUSTOMER REPRESENTATIONS
AND WARRANTIES. ff Customer does not own the Premises. Customer represents and
and defend Nextel's legal titre and shat keep the Equipment free and deer of any ten or encumbrance. Customer shat have to warrants that Customer has
obtained at necessary permission, consent and/or approvals necessary for the installation and
right to quiet enjoyment of the Equipment during the tern of this Agreement so long as no default has occurred, and provided that operation of the Equipment.
Customer represents and warrants to Nextel with regard to this Agreement that the execution,
Customer shat not have the right to remove or tamper with the Equipment. delivery and performance of tela Agreement have been duly authorized
by all necessary action on to part of Customer, that this
Agreement constitutes a valid and binding obligation of Customer enforceable against Cuskxrer in accordance with
Its terns and
3. PREMISES. The Equipment shat be installed at the Equipment Installation Address above (the "Premises"). Customer agrees Opel the individual
executing this Agreer emN on behalf of Customer Is duty authorized.
the Premises must meet Nextel's minimum requirements, including site preparation and the availability of adequate telephone
service and power source, in order for Nextel to install the Equipment. Nextel agrees it has Inspected the Premises and that to the 7. INSURANCE. Each party,
prior to the installation of the Equipment shall obtain and maintain the Insurance coverage spedUed
best of Its knowledge, the Premises are adequate for the installation of the Equipment. In the event the Premises are later herein to prated
it and the other party and shah provide the other party with certlUcates of such Insurance, which shall be subject
determined inadequate for the installation of the Equipment, the parties hereto agree this Agreement shat be terminated without to the approval of the
other party: (a) Workers' Compensation Insurance in accordance with the laws of the Slate where the
further liability to either party. Customer hereby grants Nextel access to the Premises for the purpose of installing, repairing, Premises are located
or any other applicable jurisdidbn; and (b) General Liability Insurance (Broad Form Liability Endorsement)
servicing, maintaining and removing the Equipment during Customer's standard working hours of operation (defined as 8:00 am on an occurrence basis with
a minimum combined single limit for Personal Injury, Properly Loss and Damage. Contractual and
through 5:00 pm Monday through Friday), except for situations when the Equipment affects public safety or causes interference Independent Contractor
of not less ten One Milton Dollars ($1 ,OOO,000.00); (c) Business Automobile liability Insurance with
to a Nextel cell site, and in such situations Customer shall give ail necessary consents and use best efforts to provide Nextel combined Single
Limit LW ft of riot less ten One Million Dollars ($1 00D,000.00). This coverage Is to Include: owned, hired and non-
access to the Premises twenty-four (24) hours a day, seven (7) days a week. Customer recognizes that such limitations on owned aulornobties.
The policies for the above-specified General Liability Insurance coverage shall be primary and noncontributory
Nextel's access to Its Equipment may Impede Nextel's ability to install, repair, service, maintain, or remove the Equipment and to any similar Insurance
and/or set-Insurance that each party maintain and shat name the other party as an additional insured.
may adversely affect the service Customer receives from the Equipment. Customer further recognizes and agrees that Nextel The above-mentioned certificates
shah be provided by the parties before the Installation of the Equipment begins, and within thirty
shall not be responsible for any degradaUon in service caused by Nextel's restricted access to the Premises. Customer agrees to (30) days of any renewal
of the policies. All of the aforesaid policies shat provide that the other party be given not less than ten
give Nextel at least ninety (90) days written notice of its Intend to vacate the Premises, after which Nextel shat have the right at (10) days
prior written notice of any Intended cancellation or material amendment or endorsement of said policies.
anytime to remove the Equipment from the Premises. Nextel shall have no obligation to Install, operate or maintain the Equipment
in Customers new facility. Upon removal of the Equipment, Nextel shall restore the Premises to their condition al the beginning or 8. TERM AND TERMINATION.
The term of this Agreement Is one (1 ) year from the date of Customers signature hereof, and shat
this Agreement, ordinary wear and tear excepted. automatically renew in one (1 ) year increments unless and until this Agreement
Is terminated in accordance with this Section 8.
This Agreement may be terminated as follows: (a) autorraticaty upon the lamination or expiration of the Service
Agreement; (b)
4. SIGNAL INTERFERENCE. Customer acknowledges and agrees that the BDA is subject to Federal Communications ConMssion Immediately by Nextel upon written
notice O Customer fails to cure a breech of Its obligations under this Agreement within thirty
("FCC') regulations, and (i) may not cause harmful interference and (ti) must accept any interference Including interference (30) days
of the delivery of written notice; (c) by either party for any reason or no reason upon sixty (60) days written notice; (d)
received that may cause undesired operation. In the event that the BDA causes or Is eheged to cause Interference to Nextei's immediately by Nextel
upon receipt of written notice from Customer notifying Nextel that Customer is vacating the Premises; (e)
system or the systems of third parties, upon written notice of such Interference or alleged interference, Customer agrees that Immediately by
Nextel upon written notice If the BDA causes Inctin ble signal interference as set forth in Section 4 or This
Nextel shall have the right to discontinue operation of the BDA ung such Interference Is corrected or eliminated. After ceaaing Agreement. The
Service Agreement shall continue In full force and n yy�[hht is ria es
operation of the BDA. Customer acknowledges that Nextel shah only operate the BDA in order to correct such interference. in expiration or termination
of the Service Agreement. Nextel shall n!' ! In vat's the t or
accordance with FCC regulations, unfil such line that the Interference Is corrected or eliminated. In the event any such expiration
of this Agreement.
i 01 - 04 - 2005
Legal
Customer Signature: S CC Y l / Date-
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BCCA
Printed Name: pproved 9
C Dept. t �
Nextel Signature: J Kum I mitDate : U�
Printed Name: lm I44' i Version