RADIO TOWER LEASE AND INDEMNIFICATION AGREEMENT
THIS AGREEMENT is entered into by and between ___________________, L.P hereinafter “Lessor” and the ________________ County, ___________, hereinafter “Lessee” for the purposed herein stated.
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee do hereby covenant, contract and agree as follows:
1. Lessor does hereby lease to Lessee a site for placement of a _____ Foot Metal Guide Radio Tower Transmitter for use by County on Lessors property described on the attached Exhibit “A”. The exact location of the Tower and Guide Wires must be approved by Lessor prior to placement thereof.
2. Lessee agrees to pay Lessor the sum of $______ per year due on _________ of each year beginning _______________, 20___ for a period of ____ years.
The Lease term shall be for a period of _____ years.
3. The tower shall be for the exclusive use of ________________ County and the divisions thereof. If other persons or entities desire to use said tower ___________________ County shall be entitled to allow said use upon the customary consideration for same being paid to Lessor.
4. Lessee shall be allowed access to and from said tower across the property described on the attached Exhibit “A”. The exact located on the access must be approved by Lessor prior to use. Lessee shall be responsible for constructing and maintaining an access used for the tower.
5. The use of the property for the tower and access by Lessee must not interfere with the use and enjoyment of the property by Lessor.
6. Any FCC and FAA approval of the placement of the Tower and use thereof shall be responsibility of Lessee.
7. Lessee agrees to indemnify, defend and hold Lessor harmless from any and all liability, suits, demands and claims for property damage or personal injury claimed or caused to any person, or any other claim arising directly or indirectly out of the placement, use and operation of said Tower. Lessee further agrees to assume defense on behalf of Lessor of any litigation brought against Lessor relating to said tower and pay all costs, expenses, attorney fees and monetary awards incurred by Lessor in said litigation.
8. In the event it is necessary for Lessor to retain the services of an attorney to enforce any terms of this agreement, Lessee agrees to pay all costs and attorney fees in the event Lessor is the prevailing party.
9. This agreement is signed by _________________________________, President of the _______________ County Board of Supervisors on behalf of ____________________ County, __________________ pursuant authority of the said Board.
10. This agreement constitutes the entire agreement of the parties and may not be modified except in writing.
DATED this the ____ day of __________________, 20____ .
LESSOR
________________________
By: _______________________
GENERAL PARTNER
LESSEE
__________________________
___________________ COUNTY
By:
______________________________
STATE OF ___________________________
COUNTY OF _________________________
PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the within named ______________________, who acknowledged to me that he is General Partner of _________________ and who acknowledged that he signed and delivered the above and foregoing instrument on the date and year therein mentioned, for and on behalf of said corporation after first having been duly authorized so to do.
GIVEN under my hand and official seal, this the ____ day of ____________, 20 ___.
_____________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES:
______________________
STATE OF ________________________
COUNTY OF ______________________
PERSONALLY appeared before me, the undersigned authority in and for the county and state aforesaid, the within named _______________________, who acknowledged to me that he is President of ________________ County Board of Supervisors, and who acknowledged that he signed and delivered the above and foregoing instrument on the date and year therein mentioned, for and on behalf of said Board after first having been duly authorized so to do.
GIVEN under my hand and official seal, this the _____ day of ___________, 20 ___.
___________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES:
_____________________________
State Specific Lease Forms
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