Agreement - Kramer, Ceilley & Associates, Inc.

Home Browse Search

LEASE AGREEMENT This Lease Agreement ("Agreement") is made and entered into this 28`h day of June, 2016, by and between Kramer, Ceilley, and Associates, Inc. d.b.a. Michiana Wireless ("MW") and the City of South Bend, Indiana, ("City") acting by and through its Board of Public Works ("Board") for the benefit of the City's Fire Department ("SBFD"). Whereas, MW is a wireless internet provider; Whereas, SBFD Station # 3 is in need of wireless internet in order to more efficiently perform its duties to the City as well as to create a more enjoyable living environment; Whereas, Indiana Code 36-1-11-3(c) permits the City to lease real property to a private party without the approval of the fiscal body as long as the annual rental payment is less than $25,000.00 Whereas, MW and the City wish to collaborate in providing high speed internet access for the professional and personal use of all firefighters at Station #3 and secure access to the City's wireless network; Now Therefore, in consideration of the parties' mutual covenants and undertakings and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. SBFD Station # 3 will allow MW to install a receiver and transmitter on the station's tower at no cost. The receiver and transmitter shall provide high speed internet access to SBFD firefighters and to the surrounding neighborhood. 2. For the City's and SBFD's cooperation, MW will provide secured internet access at SBFD Station # 3 at no cost to the City. Terms of the agreement 1. The term of this agreement shall be for (3) three years beginning and shall only be renewable upon the written approval of both the City, or its designee and MW. This agreement may be cancelled by either party on thirty (30) day notice. 2. At all times throughout the term of this Agreement, MW shall maintain ownership over any equipment MW installs at SBFD # 3. 3. MW will, during the term of this Agreement and any extension thereof, have the right of ingress and egress for the limited purpose of maintenance and repair. This right is further restricted to only authorized MW engineers or persons under MW's direct supervision. MW shall provide repair or provide maintenance upon twenty four hour (24) verbal notice of an interruption to service. 4. The installation, operation and maintenance of MW's equipment will in noway damage the tower structure or building. All equipment necessary for MW to provide secure wireless internet to SBFD # 3, including but not limited to, antennas, lines and base stations, will be installed in a workmanlike manner.