HomeMy WebLinkAboutLease Renewal - Charles S Hayes - Police Dept. Tower Antenna Space RentalEL
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Site Name: SB Downtown 112
Address: 324 W. Garst St., South Send, IN 46601
LEASE FOR ANTENNA SPACE
This Lease is made by and between Charles S. Hayes Inc. ("Lessor") and the South Bend Police Dept
("Lessee"). oil the terms specified herein.
1. Term. The term of the lease shall be for (1) one year (the "Initial Term") with five (5) one (1) year
renewals. The Lease shall commence December 1, 2014, This Lease shall automatically renew unless
Lessee gives Lessor written notice of Lessee's intention to terminate this Lease thirty (30) days prior to
the end of the Initial Term or renewal term. Upon termination of Initial Term, Lessee shall have option to
terminate this Lease with thirty (30) days written notice to Lessor without further obligation or liability to
Lessor.
2. Rent. The rent due for the term of the Lease is hive Thousand Five Hundred and Twenty Dollars and
No Cents at hour Hundred and Sixty Dollars and no cents ($460.00) per month, which is due and payable
each month beginning December 1, 2014 and on the first day of each month thereafter during the term of
the Lease without notice of demand. The monthly rent for each one-year renewal period shall be
increased by 3% based on the rent which applied during the preceding one-year period. Lease payments
shall be delivered to the Lessor at the address stated below or to such other place as directed in writing by
Lessor. If the monthly installment of rent is not received within five (5) days of the due date, Lessor will
give notice to Lessee that within ten (10) days operations shall cease and all equipment shall be removed
from the tower and the Lessor's property known as South Bend Downtown #2 (Premises).
3, Location. Antennas and base stations will be located at 324 W. Garst St., South Bend, IN Latitude:
41-39-47 and Longitude: 86-15-15, the Premises.
4. Frequency and Equipment, Shelter:
One (1) Transmit Antenna at 330'
One (1) Receive Antenna at 330'
Space in Lessor's existing equipment shelter
5. Right of Ingress and Egress. Lessee will during the term of the Lease, and any extension thereof,
have the right of ingress and egress for the purpose of maintenance and repair, such right to be limited to
authorized engineers of Lessee or person under Lessee's direct supervision.
6. Installation of Equipment. The installation, operation and maintenance of Lessee's equipment will
in no way damage the building or tower structure, interfere with users already on or in the Premises, or
interfere with Lessor's maintenance of the Premises. In addition, Lessee shall have all equipment,
antennas, lines, and base stations performed in a neat and professional manner.
7. Non-interference by Lessee. Lessee will not interfere in any way with radio or other equipment,
which Lessor or any other user may have on or, in the Premises at the time Lessee's equipment is
installed. Lessee shall comply with all applicable rules and requirements of the Federal Communications
Commission and all applicable electrical codes.
8. Non-interference by Lessor. During the term of the Lease, Lessor will not grant a lease to any other
party or entity whose use of the Premises interferes with Lessee's Use of tine Premises. In the event of
interference with Lessee's equipment on the tower under the Lease that is proven to be caused by another
person's or entity's operations on the tower; such other person's or entity's operations shall be required to
cease until such time as that person or entity remedies tine interference to the satisfaction of Lessee. In the
event Lessor fails to comply with the provisions of this paragraph, the Lessor agrees that Lessee's Rent
hereunder shall abate until Lessor has complied with the provisions of this paragraph.
Site Name; SB Downtown 112
Address: 324 W. Qarst St., South Berid, IN 46601
9. Electrical Power. Electrical power will be supplied and paid by the Lessor,
10. Removal of Equipment on Termination. Upon expiration of the Lease, Lessee will remove all
equipment installed on Lessor's premises without damage to Lessor's property, reasonable wear and tear
and acts of God accepted.
11. Indemnity by Lessee concerning Equipment. Lessee does hereby indemnifies and holds Lessor
harmless from any claims, including reasonable attorney fees and litigation expenses, which may arise
against Lessor by reason of any occurrence attributable to installation, operation, or maintenance of
Lessee's equipment.
12, Indemnity Concerning Use of Leased Premises. Lessee indemnifies and holds Lessor harmless
against any claims, damages, liability or loss incurred by Lessor as a result, direct or indirect, or any
accident or other occurrence causing damages or injury to any person or persons or property resulting
from the use of the leased facilities, improvements, or any part thereof, including reasonable attorney
fees.
13. Interruption of Use. Should the Lessee's ability to utilize the leased facilities be interrupted by
complete or partial destruction of the leased facilities by wind, water, fire, lightning, or other casualty or
by any other cause, during the term of this Lease, Lessor shall make repairs or take other remedial action
to allow Lessee to resume use of the leased facilities as soon as practicable. However, Lessor shall not,
however, be liable to Lessee for any direct or consequential losses sustained by Lessee by reason of
Lessee being unable to utilize its equipment in the event of such interruption, and Lessee shall hold
Lessor harmless from any claims therefore. Rent will be abated until the Premises have been restored and
the Lessee is able to again use the leased facilities.
14. Insurance. Lessee, at its sole expense, shall procure, maintain and pay liability and casualty
insurance in connection with its operations and equipment located in the building and installed on the
tower. Lessee shall provide Lessor with a proof of such insurance coverage, including a certificate of
insurance and/or copy of such policy annually.
15. Cancellation. This Lease may be cancelled by either party on thirty (30) days notice should the
Federal Communications Commission or any regulatory agency fail to approve the use thereof by Lessee.
16, Assignment by Lessee. This agreement may be assigned by Lessee only with the prior written
consent of the Lessor, but in such an event, Lessee shall remain responsible for the payment of all rent
and all other performance required of Lessee under this Lease.
17, Assignment by Lessor. This Lease may, at any time, be assigned by the Lessor.
18. Payment of Taxes, Lessee will be responsible for payment of all taxes, including personal property
taxes that may be incurred as a result of the installation and operation of Lessee's equipment at the leased
facility.
19. Sole Agreement. This lease constitutes the only agreement between the parties and supersedes all
prior leases and any oral agreements between the parties relating to the subject matter of this lease.
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Charles S. Hayes, Inc.
814 Marietta St.
South Bend, IN 46601
Bill To
South Bend Police Department
701 W. Sample St.
South Bend, IN 46601
Attn: Services Div: Don Galeziewski
bate
Invoice #
3/17/2017 5768
9
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