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Home My WebLink About1999-20449 40 • c, TOWER SPACE LEASE STATE OF FLORIDA COUNTY OF INDIAN RIVER Indian River County Board of County Commissioners, hereinafter called "Lessor", and COMMUNICATIONS INTERNATIONAL, INC., hereinafter called "Lessee", agree as follows: WITNESSETH: 1. In consideration of the mutual covenants stated herein, the Lessor does hereby grant permission to the Lessee to install and operate radio communication equipment on Lessor's property at 535077" STREET KIWANIS-HOBART PARK, WABASSO, FL. 2. The four UHF antennas shall be installed upon the tower located at Latitude 27 degrees 44 minutes 10 seconds North and Loultude 80 degrees 27 minutes 26 seconds West, at a height of 200 feet above ground level. Flexible coaxial transmission lines shall be installed between the antenna and the radio equipment. Such coaxial lines shall be firmly anchored to the tower. Radio communications equipment consisting of transmitter, receiver and accessories shall be installed in the tower equipment shed located at the base of the tower. Lessee shall have the right to occupy not more than forty square feet of floor space for installation of such equipment. Committed tower utilization space, including protective clearance above and below the antenna(s), shall not exceed four fee . 3. The term of the lease and the Lessee's obligation to pay rent shall commence on the As noted in Section #8. The term of this lease shall be as noted in Section #8 commencing on the date this lease is executed. At the end of the term specified, either the Lessor or the Lessee shall notify in writing the other party to this lease that it does not desire to have the lease renewed. The Lessor reserves the right to terminate this lease upon 60 days' prior written notice by Lessor to Lessee that the property is needed for an overriding public purpose. 4. The Lessor shall also have the right to tenninate this lease at any time if: A. The Lessee's operations conflict with the activities of the Lessor or of other tenants located at the premises, and such conflict cannot otherwise be reconciled without prejudice to the Lessor or its tenants. B. The Lessee abandons the premises or uses the premises for any unauthorized purpose. C. The tower is wholly or partially destroyed from any cause and cannot be reasonably repaired. 5. The Lessee may terminate this lease upon 60 days' written notice to Lessor if the leased premises become unfit or undesirable for use for the Lessee's purposes. 6. This lease shall be binding upon the respective parties, their assigns and successors. The Lessee may assign its rights and obligations under this lease only upon prior written approval of the Lessor, and such approval shall not be unreasonably withheld. 7, t.('SCPP.tat[Pc the far........".�... ..","uiu LVJJVI UVWIIVI vm I ani ihai the tacinty is sufficient for the use intended by Lessee. Any modifications necessary to make the facility usable by the Lessee may only be made after approval by the Lessor and shall be made at the sole expense of the Lessee. 8. Lessee shall pay Lessor at 1840 25th Street, Vero Beach, Florida 32960 an annual rental payable As noted below and due on the first day of each and every month during the term of this lease, except as modified by the following: 40 Consideration: The parties acknowledge and agree that as consideration for Lessor granting to Lessee the rights set forth in this Lease, the parties agree as follows: a. The 405' County owned tower located at Hobart Park is deemed to be near the loading criteria that would prohibit additional tenants use of the facility. 40 b. The Lessee has offered to make available to the Lessor use of a transmit and receive combining system at Lessee's expense for certain consideration. The transmit and receive combining system is beneficial in that an antenna for each transmitter/receiver 0 is net required; one transmit antenna on the tower can serve to operate up to ten (10) transmitters, and one receive antenna on the tower can serve to operate up to twenty-four (24) receivers greatly reducing the wind loading of the tower and allows more usage and additional tenants as well as less stress on the tower structure. C. As a one time initial rental fee, the Lessee, at its expense, will make available, at no charge to the Lessor, a transmit and receive combining system in exchange for free use of the Hobart Tower for four (4) UHF radio transmitter systems for a period of eight (8) years after which the Lessor will own as a county asset, the UHF transmit and receive combining system. During the eight year term, the Lessee will provide, at its expense, the installation and annual maintenance of the transmit and combining system in compliance with accepted practices and standards. The value of the equipment and services provided by the Lessee is in excess of $68,076. d. After the eight year period, the Lessee will begin paying an annual tower rental fee that is in effect and applicable to all other lessees on the tower at that time as approved by the Board. e. Lessee agrees the transmit and receive combining system will not be removed from Hobart Tower during the eight year period without the approval and consent of the Lessor and then only after an agreement has been reached as to value and benefit received and mutually agreed to by both parties. 9. Lessee shall have the right to use the electrical service of the Lessor located at the tower site in order to operate and/or repair Lessee's radio units. Lessor shall pay all recurring electrical costs during the term of this lease. 10. During the term of this lease, Lessor agrees that Lessee shall have free access to the tower and the premises on which the tower is located 24 hours per day, for the purpose of installing, maintaining, repairing, and removing its equipment. 11. The installation, maintenance, repair, and removal of Lessee's equipment shall not damage the premises or the tower structure or interfere with the maintenance of the Lessor's property. 12. Lessee shall comply with all rules and regulations of the Federal Communications Commission, Civil Aeronautics Administration, and all other applicable laws and regulations. 13. Lessor reserves the right to grant radio antenna leases to other parties on any frequency and shall be under no responsibility to Lessee for doing so. If the operation of such other parties involved interferes with Lessee's operation, it shall be the Lessee's obligation to resolve the matter with such other parties in accordance with the FCC rules and regulations. Lessor shall not be obligated to resolve such Interference or nnerafin , nrob!ems 14. Lessor agrees: A. to maintain the radio tower in good working condition at all times in order that the Lessee may have the use of said tower as contemplated herein. B. to maintain the radio tower strictly in accordance with the requirements of the _� Federal Communications Commission. 15. The Lessee does hereby agree to indemnify and save the County harmless from any and all claims, liability, losses and causes of action which may arise out of Lessee's interest in the leased premises under this lease agreement or the Lessee's activity on the demised premises. The Lessee shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, at the County's request, in the name of the County when applicable, and pay all costs and judgments which issue therefrom. 16. The Lessee shall maintain public liability insurance, naming Indian River County as an additional insured, with policy limits of no less than $100,000.00 per occurrence and $300,000.00 aggregate at all times during the term of this lease. The Lessee shall provide proof of insurance to the County at the time this lease is executed. 17. At the termination of this lease, Lessee shall promptly remove all its equipment, and shall, at Lessee's expense, restore Lessor's properties to the same condition as they were prior to Lessee's occupancy, normal wear and tear expected. 18. Any written notice, demand, or citation under this lease may be served on Lessor at 1840 25th Strcet, Vero Beach, Florida 32960, and on Lessee at 4450 US EIiEhway 1, Vero Beach, Florida 32960 19. This lease constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and agreements. No revision of this lease shall be valid unless executed in writing by both parties, IN WITNESS WI EEREOF, the parties have hereunto signed this lease in duplicate this 3 r d day of_ R U n u s L , 1999 in the presence of the undersigned witnesses. INDIAN RIVER COUN,TYY}BOARD OF COUNT, COMMIS NIERS 13y• Kenneth . Macht, Chairman By• — � Robert Wm. Stork Owner/CEO By: yK. Barton, ATTEST': By::P 5EC91=rptR.Y