HomeMy WebLinkAbout1993-161ANTENNA SPACE - TONER LEASE AGREEMENT
THIS IS AN AGREEMENT by and between the CITY OF SEBASTIAN, a
Florida Municipal corporation (hereinafter "Sebastian"), and
INDIAN RIVER COUNTY of 1840 25TH ST. VERO BEACH FL 32960
(hereinafter "lessee").
WHEREAS, Sebastian owns and maintains a radio antenna tower
and building located at 1201 MAIN STREET, Sebastian, Florida; and
WHEREAS, Lessee has need for use of such radio antenna tower
for its own purposes and can do so without interfering with the
uses of Lessor; and
WHEREAS, Lessor is willing to allow use of the radio antenna
tower by Lessee under the terms and conditions hereof.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties hereto agree as follows:
1. Location: The Lessor owns and operates a radio antenna
tower and building which ie located at 1201 MAIN STREET.
The geographic coordinates are:
N. Latitude 22 Degrees, A2 Minutes, 0, Seconds
W. Longitude QQ Degrees, 21 Minutes, 22 Seconds
Such radio tower and building shall hereafter be referred to
as the "Tower".
2. ;auipment and Installation:
(i) Lessor hereby grants permission to Lessee to
install and operate antennae on the Tower with the tips of the
antennae at a height of 150 feet above the ground directly under
the Tower. All costs of installation and operation shall be borne
by Lessee. The exact location and size of each antenna shall be
pre -approved in writing by Lessor. Any and all damage caused to
Lessor's property by virtue of such installation or operation shall
be immediately repaired by Lessee at Lessee's sole cost. Lessee
will take whatever acts are necessary, including the cessation of
use of such antennae, to prevent any interference with Lessor's
current or future uses. Lessor agrees to give Lessee immediate
notice of any interference from Lessee's antennae.
(ii) Lessor shall provide land or floor space for a
transmitter or transceiver which shall operate on the following
frequencies: See Exhibit "A".
The exact location for the transmitter or transceiver shall be
determined by Lessor. Lessor shall provide Lessee with a means of
access to a transmitter or transceiver at all times during the term
of this Lease. Lessee may not operate the transmitter/transceiver
on any other frequency without the prior written consent of Lessor.
(iii) Any and all materials needed by Lessee for
operation of the antennae and transmitter/transceiver, including
line and fittings, shall be furnished by Lessee at Lessee's sole
expense. The transmission line installed by Lessee shall not
exceed 1-5/8 inches in diameter. All such materials shall be
installed so as not to interfere with or impede Lessor's access to
t he Tower and all parts thereof.
3. Oaeration and Maintenance. The operation of Lessee's
antennae and transmitter/transceiver shall in no way interfere with
t he use of the Tower by Lessor or any of its other lessees of the
Tower.
(A) Lessee will be responsible for the maintenance and
operation of Lessee's antennae and associated equipment so as tot
(i) Prevent any damage to the Tower or any
property attached or adjacent thereto.
(ii) Not interfere with the operation or
maintenance of any other part of the Tower, and other equipment
attached to or near the Tower.
(iii) Not interfere with others' radio equipment on
o r around the Tower. In the event that Lessee is notified of
interference, Lessee shall immediately take all steps necessary to
e liminate such interference, and if this is not accomplished within
twenty-four (24) hours from notice, then Lessee agrees to remove
all Lessee's equipment from the Lessor's premises, and this lease
shall become immediately null and void.
(iv) Comply with all applicable rules of the Federal
Communications Commission.
(v) Allow only authorized engineering or
maintenance personnel access to Lessee's antennae and equipment.
(B) Lessee understands that Lessor shall have no
liability for damage to Lessee's antennae or equipment (except that
caused by intentional act or gross negligence of Lessor or its
agents), from any cause whatsoever.
(C) Lessor shall allow reasonable access to Lessee's
antennae and equipment for installation and maintenance purposes
u nder supervision of Leeaor'a personnel.
(D) Lessee will indemnify and hold Lessor harmless from
all claims, actions and suits, including cost of court and counsel
fees, and all other expenses of every nature and kind in any way
connected with or arising out of lessee's installation or operation
of the antennae or equipment or in any way associated with the
exercise of Lessee's rights hereunder.
(E) Lessee shall obtain and keep in force, throughout
t he term of this Lease, insurance with a company or companies
approved by Lessor providing public liability and property damage
coverage acceptable to Lessor. Such insurance which shall name
Lessor as an insured as well as Lessee, shall be in an amount not
less that $500,000 for personal injuries to any one person in any
one accident, and $1,000,000 to any number of persons for personal
injuries in any one accident, and property damage in an amount not
less that $300,000 resulting from one or more accidents or a
combination of one or more accidents. Such insurance shall not
permit cancellation of any coverage without at least thirty (30)
days written notice to Lessor.
4. Terms: The Lessee shall pay as rental, the sum of
$150.Q0 monthly (plus applicable sales tax) beginning on the first
day o JULY, 1991, and on the same day of each and every month
u ntil, and including the first day of JULY, 1994. Cost of living
increases to be applied annually according to the percentage
increase of the CPI -U promulgated by the U.S. Department of
Commerce during the previous twelve (12) months.
This lease shall be renewable for a similar period of time, at
t he same rental, provided that Lessee Gives at least sixty days
notice to Lessor, in writing, of his intent to renew.
5. F.C.C. Regulations: If, after execution of this lease,
Lessee is unable to occupy, or is caused to vacate the Tower or
building, due to actions of the Federal Communications Commission,
o r any state or local government authority, this lease may be
canceled on the part of Lessee, without obligation, except that
Lessee may be required to reimburse Lessor for expenses incurred in
the negotiation or execut on of this lease; such reimbursement not
t o exceed the sum of $.
6. Security Deposit: Concurrent with the signing of the
lease, a deposit of the first and last months' rent to be held
without interest has been paid to Lessor. This deposit will be
u sed as the first and last month's rent.
7. Non -Liability of Lessor: Lessor shall have no liability,
for direct, consequential, or incidental damages resulting from or
in any way connected with lose of signal or any interruption in the
service or operation of the antennae or other equipment due to:
(i) The operation or cessation of operation of any
of Lessor's equipment on or around the Tower;
(ii) The operation or cessation of operation of any
equipment of other lessees on or around the Tower;
(iii) The collapse, or other structural failure of
the Tower or any part thereof;
(iv) As a result of any change in the Tower or any
part thereof caused by Lessor or by any other cause. Lessor agrees
to use reasonable diligence in repairing the Tower in the event o
damage thereto not caused by Lessee
8. Default: Lessee shall be in default hereunder in the
event that any breach hereof by Lessee is uncured for a period of
greater that five (5) days. In the event of default by Lessee,
Lessor shall, at its option, have the right to immediately
terminate this lease by written notice to Lessee. Upon termination
of this lease, Leasee shall immediately remove all antennae and
related equipment from the Tower and repair any and all damage to
the Tower or surrounding property so as to lease the Tower in the
same condition as when this lease was entered into. In the event
that Lessee fails to immediately remove the antennae and related
equipment, Lessor may remove all such antennae and equipment and
place such antennae and equipment outside of the building located
beneath the Tower. Lessor shall have not liability for damage
resulting to the removed antennae or equipments.
9. Miscellaneous: Neither this lease nor any part thereof
may be assigned by Lessee. The terms of this lease shall be
binding and inure to the benefit of the Lessee and Lessor, their
heirs, successors and assigns. This written lease agreement
contains all the terms and conditions of the agreement between the
p. ies.
CITY •F ST
Rnard of Cnunty rnmmiccinn
LESS
By:
Tit ire Gh d(i in a n
Jon W. ippin, Vice chairmanDec, /'Ct
WITNESS
Approved by Board 6-15-93
Inman River Ca
Admin.
Legal
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BASE STATION
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