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HomeMy WebLinkAbout1993-292AMENDMENT io TONER SPACE LEASE between PAOINO NETNO?R OF FLORIDA, INC. 5900 N. Andrews Avenue, Suite 300 Fort Lauderdale, FL 33309 (hereinafter LESSEE) and INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 (hereinafter LESSOR) THIS AMENDMENT WITNESSETH THAT: (aaree.aaienni)Vk WHEREAS, on November 27, 1990, the LISBOA and LESSEE entered into a lease of certain tower space, a copy of which is attached as Exhibit "A"; and WHEREAS, LESSOR and LESSEE have agreed to certain modifications of the lease dealing with an additional radio and additional pole -mounted satellite dish adjacent to the tower and therefore wish to amend the existing lease; NOW, THEREFORE, FOR AND IN CONSIDERATION OF TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, LESSOR and LESSEE agree as follows: 1. The lease attached as Exhibit "A" is amended by granting LESSEE the right to duplex two radios into one of its existing antennas and to add a pole -mounted satellite receiving dish adjacent to the Hobart Tower Buildings. 2. In lieu of additional lease payments, LESSEE agrees to provide twelve (12) Bravo Plus Pagers with Mini -Mail capability to Indian River County for emergency responders without charge for the term of the agreement, a value of $2,368.80 per annum. 3. LESSEE agrees to replace any pager that is determined to be defective. 4. LESSOR agrees to replace any pager lost, stolen, or destroyed at the rate of $100.00 per pager. 5. Except as amended by this agreement, the original agreement shall remain in full force and effect. (page one of two) • IN WITNESS WHEREOF, LESSOR and LESSER have entered into this addendum on this /,2. day of Ocrbbare , 1993. sign Nitn•s printed names PACING NETNORR OF FLORIDA, INC. a Florida corporation sig Nitn•ss printed names 2w2F:t5e6r let 67 C. ���►,4t11 `I , e: •s bi • 4 M STATE OF FLORIDA COUNTY OF INDIAN RIVER EXHIBIT "A" TOWER SPACE LEAS& Indian River Co called "Lessor", and ,;66. Fort LQuderdple• rlprida agree as followst ua�l84itia�ommissioners, hereinafter IIPP99 ' 2961 Ptirlina Road. Suit* 33312. hereinafter called "Lessee", WITNESSETH; 1. In consideration of the mutual covenants stated herein reserved, the Lessor does hereby grant permission to the Lessee to install and operate radio communication equipment on Lessor'■ property at 9866 99th Street. Kip.nts-Hobart Park. fabasso. Florida. 2. The antenna shall be installed upon the tower located at Latitude 27 decrees 41 minutes 16 seconds North and longitude 86 decrees 27 minutia 29 seconds (lest, at • height of 256 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 and adjacent to the tower equipment shed located et the base of the tower. Leese* 'hall have the right to occupy not more than tan square feet of floor space for installation of such equipment. Committed tower utilization space, including protective clearance above and below the •ntenns(s), shall not exceed four feet. The following equipment will be installed at the tower sites One 300 vett Motorola Puro 5000 base ■tetion (70" H x 24.5"D) to be mounted an a concrete slab provided by PaaeNet located imnedistely adleaent to the existina transmitter shed. One Kathrein 740-189 antenna (115") mounted at 350 foot level pi the tower usina one and one auarter inch helisx cable. 3. The term of the lease end the Lessee's obligation to pay ✓ ent shall commence on the at day of January. 1991. The term of this leas• shall be gne wear commencing on the date this lease is e xecuted and may be renewed annually thereafter unless within 30 days prior to the expiration of the term thereof, or any renewal under this provision, either the Lessor or the Lessee shall notify, in w riting the other party to this lease that it does not desire to have the lease renewed. The Lessor reserve■ 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 terminate this lease at any time if: A. The Lessee'■ operations conflict with the activities o f the Lessor or of other tenants located at the premises, •end such conflict cannot otherwise be reconciled without prejudice to the Lessor or its tenants. B. The Lessee abandons the premises or uses the premises f or any unauthorized purpose. C. The tower in wholly or partially destroyed from any amuse and cannot be reasonably repaired. 5. The Lessee may terminate this lease upon 60 days written n otice to Lessor it the loomed premises become unfit or undesirable for use for the Lessee's purposes. 1 1 4 6. This lease shall be binding upon the respective parties, their assigns and successors. The Lessee may assign its rights and o bligations under this lease only upon prior written approval of the Lessor, and such approval shall not be unreasonably withheld. 7. Lessee takes the facilities 'am is` and Lessor does not warrant that the facility in 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 WO 25th Streets Vero Beach. Florida 32960 an annual rental of naafi payable at • monthly rate of !17t and due on the first day of each and every month during the term of this lease. The rent for each succeeding year may be subject to review and renegotiation yearly no less than 60 days prior to the renewal date contained herein. In the event the parties hereto fail to agree u pon • 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 o f the Lessor located st the tower site in order to operate and/or repair Lessee's radio units.. Lessor shall pay all recurring e lectrical costs during the term of this lease. 10. During the term of this lease, Lessor agrees that Lessee shall have tree access to the toyer and the premises on which the tower in located 24 hours per day, for the purpose of installing, maintaining, repairing, and removing its equipment. I1. The installation, maintenance, repair, and removal of Lessee's equipment spall 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 Aeronautic• Administration, and all other applicable laws and regulations. 13. Lessor reserves the right to grant radio antenna leases to o ther 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 o bligation 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' w ritten notice to Lessor. 14. Lessor agrees: A. to maintain the radio tower in good working condition at •11 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 w ith 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 o f action which may arise out of Lessee's interest in the leased promisee under this lease agreement or the Lessee's activity on the demised premises The Lessee shall pay all claims and losses of any n ature 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. 2 r'a^+11110.!' 0w ar ...—.w "0""Slem•••••••••er. M rmcniamoistori 1�. • • 16. The Lessee shall maintain public liability insurance, n aming Indian River County a■ 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, Leasee shall promptly ✓ emove 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 year and tear expected. 18. Any written notice, demand, or citation under this lease may be served on Lessor at j840 25th Street. Vero Beach. Florida 32960A and on Lessee at 2901 Stirling Road. gnats 300. Fort Lauderdale. F1 33312. 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 vZ7 day of ,1l s (t 19 in the presence of the undersigned witnesses. S igned, sealed and delivered in the presence of: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Iir <<Pmac.,l n�Jfl�(Ar Wit rf9as v /J By* .ltJ ,e, /t �c Carolyn K. Eggert Chairmanvi Attest By' W itness Barton lark of the Circuit Court (Title) W itness NOTARY PUBLIC STATE Of FLORIDA MY fcrpilSSION EXP. APR. 4,1991 BODED IHAU GLNEAAL INS. OND. 3 Attest Byt (Name) (Title) In. 0.%•i Cu 1 Ayr Uvud Admin Lu'�ul l3uduel Utip l Nish Myr. Uulo it J L%4 f "; ; 'r:'i'lk ; : ,c u23Y4u,>Y1:'