HomeMy WebLinkAbout2000-058 I
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{� TOWER AND GROUND SPACE LEASE
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INDIAN RIVER COUNTY. FLORIDA
are
FLORIDA POWER AND LIGHT COMPANY
Indian River County Board of County Commissioners, hereinafter called LESSOR, the
address of which is 1840 25" Street, Vero Beach, FL 32960, and Florida Power and Light
Company , hereinafter called LESSEE , whose address Ir 9250 West Flagler Ihst, Miami; FL
33174,
1 , LOCATION
In consideration of the mutual covenants stated hereln, the 'LESSOR does hereby ' gr"ant ,permission
to LESSEE to install and operate radio communication equipment on LESSOR's property at 810
Bailey Drive, Sebastian, FL 32958 (which is more specifically described on attached Exhibit "A").
2. ANTENNA INSTALLATION
Flexible coaxial transmission lines shall be Installed between the antenna and tM 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 building
located at the base of the tower. LESSEE shall have the right to occupy not more than 300 square
feet of floor space for installation of such equipment.
3. TERM OF LEASE
The term of the lease shall be for one year and shall commence on the let day of Ate, 2000, and
end on the 31 -" day of March, 2001 , inclusive.
4. RENT
Rent In the total amount of $ 5,004.00 shall be paid to LESSOR, without deduction or offset, at such
place or places as may be designated from time-to-time by LESSOR, In equal monthly Installments
of $417.00 in advance, on the first day of each and every month during the term of the lease,
commencing on the 10 day of &at 2000, until the entire amount shall have been paid, In addition,
LESSEE shall pay a one time payment of $5,000,00, and LESSEE shall provide payment to the
LESSOR at the time this lease Is executed. LESSEE shall pay all Florida sales taxes and tangible
taxes K applicable.
5. SECURITY DEPOSIT
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LESSOR acknowledges receipt of $ 5,000 deposited by LESSEE as security for the performance of
his obligations hereunder. LESSOR may, but shall not be obligated to, appy said sum, or a portion
thereof In payment of any obligation of LESSEE or as reimbursement for any damage suffered on
account of any breach by LESSEE. Any balance remaining upon termination of the lease which is In
excess of any claim by LESSOR shall be paid over to LESSEE.
Be OPTION TO RENEW
In the went that the LESSEE shall not be M default in the performance of any term or condition of
this lease, then upon the expiration of the lease term, LESSEE shall have the option to renew the
lease for an additional term of one year. During such renewal period, all the terms and conditions of
this lease shall remain in affect except that the rent payable hereunder shall Increase by four percent
(4) each year in lieu of the rent provided for herein.
This option may be exercised by the LESSEE at any time prior to the date which shall be three
months from the expiration of the original term of the lease. The option shall be . exercised by
delivering, or mailing , postage prepaid, certified mail, notice to LE880R stating that the LESSEE Is
exercising Ib option to renew, Such exerolses of the option shall automatically extend the term of
the lease upon the terms and conditions herein set forth, and no further writing need be executed by
the LESSEE or the LESSOR . Once exercised, the LESSEE shall not have the right to revoke his
election to exercise the option. In the event that the option is not exercised as provided for herein
within the time provided for, then the option shall expire, and the LESSEE shall not have the right to
renew the lease.
7. TERMINATION BY LESSOR
A. The LESSOR reserves the right to terminate this lease upon 90 days' prior written notice by
LESSOR to LESSEE that the property is needed for an overriding public purpose as determined in
the sole discretion of LESSOR, provided, however, that the lease of the property to a third party for
commercial purposes shall not be considered an overriding public purpose.
B. If LESSEE defaults under the conditions set forth herein, then the entire amount due under
paragraph 3 above maybe accelerated and become due and owing . The occurrence of anyone or
more of the following events shall constitute an "Event of Default' hereunder by LESSEE:
1 . The failure by LESSEE to make any payment of rent or any other payment required
to be made by LESSEE hereunder, as and when due, where such failure shall
continue for a period of 20 days after written notice thereof is received by LESSEE
from LESSOR.
2. The failure by LESSEE to observe or perform any of the covenants of provisions of
this lease to be observed or performed by LESSEE, other than as specified in paragraph
7(b)( 1 ), where such failure shall continue for a period of 30 days after written notice
thereof is received by LESSEE from LESSOR; provided, however, that it shall not be
doomed an Event of Default by LE68EE If LESSEE shall commence to cure such failure
within sold 30 days and thereafter diligently prosecutes such cure to completion within 00
days, unless written extension is granted by LESSOR.
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3. The LESSEE abandons the promises or uses iM promises for any unauthorized
purpose.
4. If there occurs an Event of Default by LESSEE, in addition to any other remedies
available to LESSOR at law or M equity, LESSOR shall have the option to terminate this
` lease and all rights of LESSEE hereunder.
C. Lessor shall have the right to terminate this lease upon 60 days' written notice It
., . 1 LESSEE defaults hereunder as described in peragreph 7.
2. The tower Is wholly or partially destroyed from any cause and LESSOR decides not
to repair said tower.
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8. TERMINATION BY LESSEE
The LESSEE may terminote this lose* upon 00 days' wrnton notice to LESSOR If any of the
following occurs:
A. LESSEE after appropriate applications is unable to obtain all necessary governmental approvals
for LESSEE's intended use of and Improvements to the property desired by LESSEE ; or
B. LESSEE's application for any governmental approvals necessary for LESSEE's use of the
property and Improvements desired by LESSEE Is denied; or
C . Any governmental approvals necessary for LESSEE's use of the property and/or improvements
to the property are canceled or aro otherwise withdrawn, terminated, or denied so that LESSEE
will no longer be able to use the property for LESSEE's Intended use; or
D. The Federal Communications Commission allocates the frequencies at which LESSEE may
operate Its antennas and equipment and may from tims-to4ime change such frequencies. Any
changes of this nature that in LESSEE's reasonable judgment render Its operation of a wireless
communications facility at the property obsolete; or
E. If Lessee determines that the Property has become unsuitable for Lessee's operations due to
changes in system or network design; or
F. If after an agreed upon engineering evaluation, Lessors tower is found to be structurally and
operationally insufficient to meet the requirements.; or
G. Any termination notice rendered by Lessee pursuant to this Paragraph shall cause this
Lease to expire; upon the 60th day after such notice or later date If specified in such notice and
the parties shall make an appropriate adjustment, as of such termination date, with respect to
payments accrued to date of termination and due to the other under this Lease, It any,
9. ASSIGNMENTS
This lease shall be binding upon the respective parties, their assigns, and successors. except to a
parent, affiliate or subsidiary, 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.
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VO1110. AS IS
LESSEE takes the facilities as is and LESSOR does not warrant that the facility is sufficient for the
r use Intended by LESSEE. Any modifications necessary to make the facility usable by LESSEE may
only be made after approval by LESSOR. Such approval Is not to be unreasonably withheld and
shall be made at the sole expense of LESSEE.
11 . LESSOR — ADDITIONAL DUTIES
A. LESSOR warrants and agrees that LESSEE, upon paying the rent and performing the covenants
herein provided, shall peaceably and quietly have and enjoy the property.
B. From time-to-time LESSOR may grant to other entities the right to operate their communications
equipment at the tower and/or the right to install antennas in connection with the operation of
such communications equipment; provided, however, that LESSOR shall not allow the operation
of such communications equipment and antennas by other tenants to Interfere with the operation
of LESSEE's Installation, Within a reasonable time of being notified by LESSEE of any
Interference with LESSEE's operation, If such Interference continues for more than 30 days after
LESSEE's notice to LESSOR with respect to such Interference, LESSOR shall cause the
Interfering party to cease using the equipment which is causing the Interference.
C. LESSOR agrees to maintain the radio tower In good working condition at all times in order that
LESSEE may have the use of sold tower as contemplated herein and maintain the tower strictly
In accordance with the requirements of the Federal Communications Commission and all
required governmental rules and regulations.
D. LESSEE agrees to reimburse LESSOR for utilities consumed by LESSEE, as calculated by the
LESSOR.
E. 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.
12. LESSEE - ADDITIONAL DUTIES
A. 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 LESSOR's property.
B. LESSEE shall comply with all rules and regulations of the Federal Communications Commission,
and other applicable laws and regulations.
C. LESSEE does agree to Indemnify and save LESSOR 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 the loss# agreement or the LESSEE's activity on the domisod promises, LESSEE shall
pay all claims and losses of any nature whatsoever In connection therewith , and shall defend all
suits, at LESSOR's request, in the name of LESSOR when applicable, and pay all costs and
judgments which issue therefrom. The foregoing Indemnification shall not apply to claims,
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t> , liability, losses and causes of action which arise from the negligent or Intentional acts of
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LESSOR.
D. LESSEE shall maintain public liability Insurance, naming Indian River County as an additional
..; Insured, with policy limits of no las than $100,000.00 par occurrence and $300,000.00
+! ' aggregate at all times during the tern of the lease. LESSEE shall provide proof of insurance to
LESSOR at the time this lease Is executed and with each annual rental payment
Notwithstanding the toregofng, LESSEE
may self-insure Its obligations under this lease.
E. LESSEE's equipment shall remain personal to and the property of LESSEE. At the termination
of this lease, LESSEE shall promptly remove all Its equipment and shall at LESSEE's expense
restore LESSOR's property to the some condition as it was prior to LESSEE's occupancy,
normal wear and tear excepted.
13. NOTICES
All notices hereunder must be In writing and unless otherwise provided herein shall be deemed
validly given If sent by certified mall, return receipt requested, addressed as follows (or to any other
malling address which the party to be notified may designate to the other party by such notice) or as
otherwise provided under applicable state law. Should LESSOR and LESSEE have a change of
address, the other party shall immediately be notified as provided In this paragraph of such change.
Unless LESSOR specifies otherwise in writing, rent checks from LESSEE shall be sent to the person
listed to whom notice were sent
LESSEE: Florida Power and Light Company
9250 West Fiagler Street
Miami, FL 33174
Attn: Everett C. Stonebraker
Operations Manager
Phone: 1 (305) 552=3019
LESSOR: Indian River County Board of County Commissioners
1840 251h Street, Vero Beach, FL 32960
Attention: Douglas M. Wright, Director
Emergency Services Department
Phone: (561 ) 5674000, Ext 1225
4, HAZARDOUS SUBSTANCES
LESSOR represents and warrants to LESSEE that hazardous substances have not been generated ,
stored, or disposed of on or about the property, nor have the same been transported to or over the
property by LESSOR. ' Hazardous substance' shall be Interpreted broadly to mean any substance
or material defined or designated as hazardous or toxic waste, hazardous or toxic material,
hazardous or toxic or radioactive substance or other similar tern by any federal, state or local
environmental law, regulation, or rule presently In effect or promulgated in the future, as such laws,
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regulations, or rules may be amended from time-to-time; and it shall be Interpreted to Include by not
be limited to any substance which, after release Into the environment, will and may reasonably be
anticipated to cause sickness, death, or disease.
' 15. SALE OR TRANSFER BY LESSOR
Should LESSOR at any time during the term of the lease salt, lease, transfer, or otherwise convey all
or part of LESSOR's property to any transferee other than LESSEE, then such transfer shall be
under and subject to this lease and ail of LESSEE's rights hereunder.
18. RIGHT TO ENTER INTO AGREEMENT
LESSOR warrants and agrees that LESSOR is seized of good and sufficient title and Interest in the
property and has full authority to enter kno and exam" this lease and that there are no undisclosed
liens, judgments, or impediments of title on LESSOR's property that would affect this lease.
IL GO DEMNATION
In the event that the whole of LESSOR's property, Including without limitation the property and tower,
shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a
condemning authority under threat of condemnation to prevent taking, then this lease shall forthwith
automatically cease and terminate. LESSOR shall receive the entire condemnation award for land ,
tower and such other improvements as are paid for by LESSOR, and LESSEE hereby expressly
assigns to LESSOR any and all right, We and Interest of LESSEE now or hereafter arising in and to
any such award. LESSEE shall have the right to recover from such authority, but not from LESSOR ,
any compensation as may be awarded to LESSEE on account of the leasehold interest, moving and
relocation expenses, and depreciation to and removal of the personal property and fixtures of
LESSEE.
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 made and executed this tower space lease on the
7th I day of March , 2000.
LESSOR:
i A K Barttpn, CI INDIAN RIVER COUNTY, FLORIDA
by its Board of County Commissioners
B
wpwq ci�r� By is JG"
Fran B, Adams, firman
STATE OF FLORIDA
COUNTY•OF INDIAN RIVEk . Approved by BCC: March 7 . 2000
The fore&f ? instrumei* was admowiedged before me thb 7th day of March 2000 by Fran B
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Adams, Chairman, and PATRICIA M. RIDQELY a Do" Clark to I K. Barton, Clark, of BN INDIAN
RIVER COUNTY BOARD OF COUNTY COMM MONER&` They tipnsd On b" of said Board and an
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personally known to me. k E A PUBLIC.
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