HomeMy WebLinkAbout1996-144TOWER SPACE LEASE
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
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96.///
Indian River County Board of County Commissioners, hereinafter
called "Lessor", and Federal Aviation Administration, P.O. Sox
20636, Atlanta, OA 30320
hereinafter called "Lessee", agree as follows:
W I T
N E S S E T H:
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 5350
77th Street, Kiwanis-Hobart Park, Wabasso, FL
2. The antenna shall be installed upon the tower located at
Latitude 27 degrees 44 minutes 10 seconds North and Longitude 80
degrees 27 minutes 26 seconds West, at a height of 400 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 shod located at the bass of the
tower. Lactase nha11 have the right to occupy not more than ten
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 feet.
3. The term of the lease and the Lessee's obligation to pay
rent shall commence on the lit day of October, 1996. The term of
this lease shall be one year eiolaiNiKalinj0OgiatiaiadiikielatiiiiPCAWCW44
tmcc attkand may be renewed annually thereafter unless within 30 day
prior to the expiration of the term thereof, or any renewal under
this provision, 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:Provided that no renewal
hereof shall extend the period of occupancy of the premises beyond the 30th day of Sept., 2016.
4. The Lessor shall also have the right to terminate 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,
B. The Lanese may terminate thin 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. Lessee takes the facilities "as is" and Lessor does not
warrant that the facility is sufficieht 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 tie Lessee.
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8. Lessee shall pay Lessor at 1840 25th Stree Vero Hoa ti
Florida 32960 an annual rental of 52,160 00 payable at a monthly rate
of 180.00 and due on thegil4PA day of each and every month during
the term of this lease. last five year period (the first being in the year
The r 2001)
e$g$,, gl;essucceedingn 3 may be subject to review/
and renegotiation no less than 60 daysv
ior to the renewal41y%.
date contained herein. In the event the parties hereto fail to agree
upon a reasonable rental fee for the following year, this lease shall
terminate automatically pursuant to the terms stated herein.
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 ®hall 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. Lessor
shall not be obligated to resolve such interference or operating
problems. If unable to resolve the matter with such other parties,
Lessee shall be entitled to terminate this lease upon 10 days'
written notice to Lessor.
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.
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B. to with the requirementsnofiradion the
the FederalCommunic Commutower nications Commission.
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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.
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18. Any written notice, demand, or citation under this lease
may be served on Lessor at 8 25th Street Vero Beach
32960, and on Lessee at p
0 36 At t3
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 WHEREOF, the parties have hereunto signed this
lease in duplicate this
presence of the undersigned witneIL sses. 19 in the
Signed, sealed and delivered
in the presence of: INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS
By:`.l•
Fran B. A.ams ,
Attest By:
Jeffery
:D e•
t ess
(T tl-)
Inlin Hire Cs Approved
Admin
Legal
Budget
Dept.
Risk Mgr,
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