Site Licence #FLA07912 Dorothy Sweatt Lake TowersSITE LICENSE AGREEMENT
#FLA079012
This Site License Agreement, drafted on May 27, 1999 is between Dorothy Sweatt d/b /a Lake Towers,
(the "Licensor and City of Okeechobee, (the "Licensee
DESCRIPTION OF PARTIES
Whereas, Licensor is the owner of the facility which is described in Addendum A (the "Site that makes possible
the operation of radio and related equipment; and
Whereas, Licensee wishes to operate radio and related equipment for the City of Okeechobee Water Department on
the Site of the Licensor; and
Whereas the Licensor Site Manager supervises the Licensee's use of the Site, inspects and regulates the use of
Licensee's equipment pursuant to the details herein, and works to resolve any issues that may arise during the term of
this Licensee Agreement.
CONTRACT PERIOD AND TRANSFERS
Now therefore, in consideration of the terms and conditions as outlined in this Agreement, Licensor grants to the
Licensee for the term outlined in Addendum A, use of the site, public utility access and use of a portion of the
transmitter room for the installation, maintenance, repair, operation and removal of Licensee's equipment as
described in Addendum A attached hereto.
This Site License Agreement is not assignable without Licensor's and Site Manager's prior written consent, which
consent will not be unreasonably withheld. Conditions for assignment include, but are not limited to retention of the
same technical specifications described in Addendum A and compliance with the terms of this Agreement.
INDEMNIFICATION
Licensor may, at its discretion, maintain a general liability policy covering the Site in force at all times to protect the
interests of the Licensor. Neither Licensor nor its policy extends any liability coverage to Licensee. In the event of
the loss of the Site for any reason, the Licensor may, in a reasonable amount of time, and without any liability to the
Licensee, choose to restore the Site or to terminate this Agreement.
"Licensor" includes Dorothy Sweatt, her affiliates and subsidiaries, and any person or entity working for or on behalf
of the Licensor.
"Licensee" includes any person or entity working for or on behalf of the Licensee.
Nothing in this License Agreement shall restrict or impair, in any way, Licensor's or its assignee's privilege to cease
using the site for broadcasting purposes and Licensor or its assignee shall thereupon have the option to terminate this
License, provided that in such event, Licensee will be provided reasonable notice thereof and Licensee shall have no
recourse against Licensor and no further obligation to Licensor.
Licensee will at all times indemnify and save harmless Licensor and the Site from any and all costs, losses, damages,
liabilities, expenses and actions whatsoever, including reasonable attorneys' fees, which may arise from or be
claimed against Licensor or the Site by any person or persons, from any injuries to persons or property, or damages
of whatever kind or character consequent upon or arising from Licensee's use of the Site hereunder or arising from
any failure by Licensee to comply and conform with all laws, statutes, ordinances and regulations of the United
1
�� >w m of Okeechobee
d4:
ds �1915?T,:
Brian Whitehall Office of the City Administrator
September 18, 2013
Dorothy Sweat
d/b/a Lake Towers
7109 SE 8th Street
Okeechobee, FL 34974
CERTIFIED MAIL
Dear Mrs. Sweat:
The City of Okeechobee has determined that due to certain recent
equipment upgrades for our police and fire department, it is no longer necessary
to continue the site license agreement executed with you on May 27, 1999.
There are two separate, but identical agreements, being #FLA079012 and
#FLA079004.
Pursuant to the addendum to the agreement, the lease term expires on
May 31, with annual renewal provisions, and a 90 day notice prior to renewal is
required to terminate the agreement. Therefore, please consider this as a notice
of termination of the license agreements effective September 30, 2013.
The agreement also calls for any equipment owned by the City on the
tower to be declared "abandoned" 30 days after termination. The City does not
wish to pay for storage of any equipment, so if you would, please notify us within
the next two weeks if you want the City to remove any equipment on the tower,
or if you wish to retain that equipment without further demand to the City.
Sincerely,
Brian h. ehall
City A dministrator
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863)763-1686
States, the State of Florida, the County of Okeechobee and any municipality in which the Site is located, or any
agency thereof, now or hereafter in force.
Licensee will provide to the Licensor a $1,000,000.00 (One Million Dollar) general liability policy certificate in
standard form naming Licensor as an additional named insured, and will keep such certificate current at all times.
Routine Licensee equipment repairs and maintenance in the transmitter room excepted, all Licensee's plans for
antenna work (including repairs to antennas) must be approved by the Site Manager prior to commencement of such
work, which approval shall not be unreasonably withheld or delayed. However, such approval shall be contingent
upon plans being satisfactory to the Site Manager, pending the inclusion of plans for adequate insurance and shall
not disrupt the existing operations of other users of the Site, any additional liability insurance required by the
Licensor and/or the Site Manager for the specific work must be on file with the Site Manager before work begins,
and this insurance may be provided by the company retained to complete work on the Site, as long as such insurance
is acceptable to the Site Manager. Any emergency repair by the Licensee not having insurance approval from the
Site Manager must have specific approval from the Licensor.
PAYMENTS AND NOTICES
Site License Agreements shall be subject to fees and charges detailed in Addendum A, and payable to the Billing
Agent, as indicated in Addendum A. The security deposit shall be held against damage to the site and is not a
monthly license fee. First month license fees, startup fees, all applicable taxes and security deposits, as detailed in
Addendum A and proof of insurance must be received prior to any startup activities.
Monthly license fees and all applicable taxes are due on the first of each month without monthly notices of same.
Licensor grants Licensee a grace period for monthly license fees ending on the 10th of each month. License fees
received by the Billing Agent after the 10th of any month shall be assessed a late fee equal to 5% of the outstanding
balance. The Billing Agent may send a "Notice of Nonpayment" to the address found in Addendum A via carrier as
detailed herein.
The monthly fee as detailed in Addendum A shall be assessed to the Licensee starting from the Date of
Commencement or as otherwise detailed in Addendum A. Any Licensee site activity during startup shall constitute
occupancy of the site and activate monthly fees due from the date of such occupancy. Partial month occupancy shall
be calculated by multiplying the current monthly rate times the percentage of the month Licensee is on the site and
shall be due on the next "first of the month."
Any notice or demand required or permitted to be given or made hereunder shall be given or made via carrier
providing proof of service and addressed as set forth in Addendum A. Any such notice or demand shall be deemed
to have been given or made at the time it is sent. Licensor or Licensee or Site Manager may from time to time
designate any other address for this purpose by written notice to the other parties. Notification to the Site Manager
of any change in the business notification address of the Licensee as shown in Addendum A shall be the
responsibility of the Licensee.
DEFAULT PROVISIONS
Upon the occurrence of an Event of Default, Licensor shall have the option, in its sole discretion and upon written
notice, to suspend Licensee's site operations effective immediately without recourse against it and to pursue any
remedy available to collect amounts due from Licensee under this Agreement. Suspension of Licensee's site
operations shall in no way mitigate or reduce the Licensee's financial obligation to the Licensor for the term of this
Agreement. The following shall be deemed "Events of Default by Licensee
A. Licensee fails to make any payments of monthly fees, or additional charges, more than thirty (30) days past
due, and fails to cure within ten (10) days of being sent a "Notice of Suspension of Site Operations" as detailed
below.
B. The Licensee files or has filed against it any bankruptcy or insolvency action.
2
C. Licensee fails to comply with any material provision of this Agreement or to begin corrective action within
ten (10) days to comply with written orders of the Site Manager and/or Licensor to resolve technical or safety
problems arising in connection with Licensee's use of the Site; provided, however, where any such breach is not
cured within said period, Licensee shall not be deemed to be in default under this Agreement if Licensee
commences to cure such breach within said period and thereafter diligently pursues such cure to completion.
Failure of Licensee to make any payment more than thirty (30) days past due shall activate the option of the Licensor
to suspend Licensee's site operations. A "Notice of Suspension of Site Operations" will be sent to Licensee. If
financial matters are not resolved within 10 days from the date the suspension notice is sent, Licensee's site
operations shall be suspended and any expenses incurred on behalf of the Licensor to collect money due or to
suspend Licensee's site operations shall be borne by Licensee. If privileges are suspended, Licensee shall be subject
to a $100.00 reconnect fee. If site privileges are suspended due to nonpayment, all payments for current charges,
past due sums as detailed on the Notice of Suspension, and reconnect fees must be received by Billing Agent before
the suspension notice will be rescinded and Licensee may resume site Operations.
Upon occurrence of an Event of Default with respect to bankruptcy or insolvency or upon the continuation of an
Event of Default for thirty (30) days, the Licensor shall have the option, in its sole discretion and upon written
notice, to terminate this Agreement. Such termination shall in no way mitigate or reduce the Licensee's financial
obligation to Licensor for the term of this agreement. Any expense incurred on behalf of the Licensor to collect
money due or to terminate the Licensee's site operations shall be borne by the Licensee.
In the event of a default by Licensee, Licensor shall be entitled to recover from Licensee all costs of collection,
whether suit is filed or not, including reasonable attorney's fees, court costs, expenses and interest at the legal rate
and all costs, fees and expenses on any appeal.
SUBORDINATION
This Agreement is and shall be subordinate to all renewals, modifications, and consolidations. It shall also be
subordinate to all mortgages which may now or hereafter affect the Licensor's Site. The Licensee agrees, upon
request of the Licensor, to execute any agreement accepting the mortgagee as new Licensor, provided the agreement
protects and extends to the Licensee the complete considerations of this Agreement including the terms of default
and termination of this Agreement.
SITE EQUIPMENT
Equipment Installation The monthly fee for the Licensee has been determined by an evaluation by the Site Manager
of all the operations and facilities the Licensee plans to use. This evaluation combined with market value
considerations has determined the rates listed in Addendum A. The Licensee must provide to the Site Manager
detailed and specific plans of all site equipment and may make no changes including without limitation, frequency
changes, from what is detailed in Addendum A, with the exception of equipment exchanges of the same type and
size, without specific authorization from the Site Manager.
Equipment Compatibility Every effort on the part of the Site Manager will be made prior to installation of any
equipment, to ensure that no harm or interference will be received by the Licensor or other licensees at the Site, as a
result of the activities of the Licensee. Licensee is obligated to operate its equipment in such a manner that it does
not cause interference to Licensor or to any other licensee or user of the Site. In the event any interference or harm
becomes an issue, the Site Manager will immediately be notified of the problem and Licensee must take all steps
necessary to cease any such interference or harm. In the event Licensee cannot resolve any interference problems
which it has caused, Licensor may terminate this Agreement immediately, without recourse against it. In the event
the Licensee has reason to believe that another licensee is causing interference or harm to the Licensee, the Licensee
shall contact the Site Manager. The Licensee shall in no way interfere with, tamper or modify in any way any other
licensee's equipment. Any such tampering, modification or interference shall be grounds for possible suspension of
Licensee's site operations. The Site Manager will, in all cases, have complete and exclusive and final authority to
resolve all such problems. Site Manager agrees to cause to be eliminated, in a timely manner, without cost to
Licensee, any interference to Licensee's operations resulting from Licensor's or another party's subsequent
3
installation of any equipment or machinery on the Site. If such interference fails to be eliminated within a reasonable
length of time, not to exceed forty-eight (48) hours, Site Manager shall require the party causing the interference to
cease using the equipment which is causing the interference, except for short tests necessary for the elimination of
the interference. If the interference to the Licensee cannot be resolved, Licensee shall be permitted to terminate this
Agreement, and shall have no further recourse against Licensor.
Equipment Maintenance If it is determined by the Site Manager that the Licensee's equipment is causing
interference or harm to another licensee or the Licensor, the Licensee will be advised of the problem, or given
specific instructions to resolve the problem, including any special hardware deemed necessary by the Site Manager
to correct the problem. The Site Manager may issue written notification of the action required to the Licensee and
failure to comply, or to turn the equipment off within 48 hours will be considered an Event of Default under this
Agreement.
Special Permit If the Site Manager deems it necessary to immediately terminate all or part of the Licensee's
operations on the Site because of harm or interference to other licensee's or the Licensor's operations, continuation
of operation for the purpose of testing and evaluation will be done only with prior written authorization from the Site
Manager. This written permission to operate will specify days and times to test and may be canceled immediately by
verbal instructions from the Site Manager.
Special Privilege As part of the duties of the Site Manager to the parties at the Site, the Site Manager may request
access to any licensee's equipment within 24 hours of notice for the purpose of evaluation of performance and
inspection. For example: a site licensee experiencing interference from another licensee may be at fault for lack of
receive filtration. The Site Manager will mediate between the parties to determine what steps are to be taken and
which parties shall assume specific expenses to correct the problem.
Abandoned Equipment Any Licensee property remaining at the site shall be considered to be abandoned personal
property upon 30 days after the termination or expiration of this Site License Agreement. Such Licensee property
shall be subject to removal and storage by Licensor or Site Manager. Licensee agrees to pay all storage and removal
fees as well as a sum equal to the current per diem rate under this Agreement for every day until removal from said
storage. Licensor or Site Manager shall provide Licensee, within five (5) days of said removal, written notification
of the location of storage of Licensee's equipment and the procedures by which Licensee may reclaim such
equipment.
LAWFUL USE AND COMPLIANCE
Licensee shall not use or permit use of the Licensor's Site in any manner which violates the Certificate of Occupancy
for the Licensor's Site or makes void or voidable insurance of the site or that causes any limitation of insurance
coverage or that causes any increase in coverage premiums for fire and other insurance required to be furnished by
Licensor hereunder or which will cause structural injury to the buildings or tower or any part thereof or which will
constitute a public or private nuisance or which may violate any present laws, rules and regulations of any
governmental authority having jurisdiction over the Site.
FORCE MAJEURE
In the event that Licensor should be delayed in, or prevented from, performing or carrying out any of the agreements,
covenants, and obligations made by and imposed upon Licensor by this agreement, by reason of or through any cause
reasonably beyond its control and not attributable to its neglect, including strike, stoppage in labor, failure of
contractors or suppliers of materials, riot, flood, fire, hurricane, weather, invasion, civil war, commotion,
insurrection, military or usurped power, order of any court granted in any bona fide adverse legal proceeding or
action, order of any civil or military authority (either de facto or de jure), explosion, act of God or public enemies,
failure or malfunction of system facilities, unscheduled outages of generation, transmission or distribution facilities;
then, and in each such case or cases, Licensor shall not be liable to Licensee or any other party for or on account of
any loss, damage, injury, or expense (including consequential damages) resulting from or arising out of any such
delay or prevention from performing; and provided further, that Licensor shall not be required to settle a strike
affecting it except when, according to its own best judgment, such a settlement seems advisable.
4
Witnesses:
Printed Name: Bonnie S Thomas
Qu.
Printed Name: Lane Gamiotea
Witnesses:
Printed Name:
Printed Name:
SCOPE OF JURISDICTION
This Agreement, including Addendum A and amended Addendum A, if any, which are made a part of this
Agreement, embodies the entire Agreement between the parties and shall become effective only at such time that it
has been executed by the Licensor, the Licensee and the Site Manager. Any amendment to be valid must also be
executed by the same parties and shall become a part of this Agreement. All the provisions between the parties
contained herein shall comply with the laws of the State of Florida. If litigation is brought to enforce the provisions
of this Agreement, the prevailing party shall be entitled to costs and attorneys' fees, including appellate fees. Should
any provision of this Agreement become invalid, the remaining provisions of this Agreement shall continue.
The Licensee, Licensor and Site Manager hereby represent that all required action has been duly taken to authorize
the execution and delivery of this Site License Agreement.
IN WITNESS WHEREOF, the parties hereto have agreed:
5
"Licensee"
City of Okeechobee
By:
Pri
Title: Mayor
Date: 1 I IQ,Ioi i 2000
Address: 55 S. F. 3rd Avenue
Okeechobee, FL 34974
"Licensor"
Dorothy Sweatt
By:
Printed Name:
Title:
Date:
Address:
Witnesses:
Printed Name A, z..77N4
6
"Site Manager Billing Agent"
Altemative Networking, Inc.,
a Florida Corporation
By:
Printed Name:
Title: Pre en- 1 o
Date 0 16
Address: 1300 Riverland Road
Fort Lauderdale, FL 33312
e
ket-
Addendum A For Site License Agreement #FLA079012
Notification Addresses
Site Location Details Antenna on a tower
Licensor
Licensee
Licensee Notification
Site Manager
Billing Agent
7109 S.E. 8th St.
Okeechobee FL 34974 -8172
County of Okeechobee
Latitude 27 -14-22
Longitude 80 -45 -11
Total Structure Height AGL 470 Ft.
Dorothy Sweatt d /b /a
Lake Towers
7109 SE 8th Street
Okeechobee, FL34974
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL34974
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL34974
Attn: Lola Parker
Phone 1- 941 763 -6268
Fax 1 -941- 763 -1804
Phone 941 763 -3372 xt. 223
Fax 941- 763 -1686
Phone 941 763 -3372 xt. 223
Fax 941 763 -1686
Alternative Networking Inc. Phone 1 -800- 733 -9929
1300 Riverland Road Fax 1- 954 -581 -4743
Ft. Lauderdale, FL 33312
FEE DETAILS Site License #FLA079012
Antenna on a tower
Receiw System
Equipment
Floor Space
Fee Sub Total
Term =1 Year
Fee Sub Total
Usage Fees
Usage Fees Are Adjustable
Station Consumption
Cooling System Consumption
Maintenance Fee
FEE DETAIL SUB TOTAL
Opening Monthly Payment
Security Deposit Held
Item Description
Antenna Duplexed
Private or Shared
Center of Radiation AGL
Antenna Bracket
Coaxial Cable Diameter
Base Rate Per Foot
Rate Per Foot After Discount $0.37
Duplexed on Transmit Antenna
Transmit Frequency
I.D. Only Frequency
1 Transmitter RF. Output Watts: 100
Cost Per 22" W,24" D,42" H Unit
Number of 42" High Units
Before Discount Taken
Percentage Discount Taken
After Discount Applied
Cost Per KiloWatt Hour
Transmit Hours Per Day
Station Consumption
Monthly Station Consumption
Air Conditioner Consumption
Monthly Cooling KWH
Cooling System
For Site Damages
Sales Tax 7.000%
Item Detail
VHF Whip
Private
230 Ft.
24 inch. max.
7/8 inch.
$0.37
155.1000 Mhz.
153.9350 Mhz.
$25.00
1
0.00%
$0.095
24.0
181.8 Watts
130.9 Kilowatt Hours
32.7 Watts
23.6 Kilowatt Hours
Maintenance Fee
Charges Detail
$84.89
$25.00
$109.89
$0.00
$109.89
$12.44
$2.24
$0.49
$125.05
$8.76
$133.82
$125.05
There is no annual escalator.
All fees detailed in the Fee Detail section must be paid to the Billing Agent on or before the date of commencement, prior to start
up of Licensee operations.
Licensee shall have 24 hour a day, 7 days a week access to the space described above for the purpose of routine maintenance and
repair of the Licensee equipment.
Licensee agrees to install passband filters and dual isolators to the output of their transmitters at all times.
Licensee acknowledges that Licensee has no access to high risk exposure areas such as rooftop or tower, if any, without specific
approval from the Site Manager (in advance) for each request as needed. Any violation of this section is grounds for immediate
suspension of site operations.
Term of Agreement in years 1. This License shall automatically be renewed for unlimited successive terms, unless one of the
parties gives notice to the other party, in writing, of its desire not to extend, such notice being given not less than ninety (90) days
prior to the expiration of the current term of the License. If this License is permitted to automatically renew, at Licensor's option,
the rent may be renegotiated, and all of the terms and conditions contained within the Agreement shall continue in force and the
annual escalator shall continue to apply.
Date of Commencement: June 1, 1999. License fees shall begin to accrue the earlier of (a) The date Licensee first places
equipment at the site, provided Licensee notifies Site Manager of the date of installation within ten days of such installation; or
(b) Sixty days from this commencement date. If Licensee fails to notify Site Manager within ten days of installation, the license
fees shall accrue from Date of Commencement.
Agreed to by the parties:
Witnesses:
Printed Aa_Li
Bonnie S. Thomas
rnro-Lzi a.
Printed Name: Lane Gamiotea
Site License Agreement #FLA079O12
Terms and Conditions
City of Okeechobee
By:
Priname: James E. Kirk
Title: Mayor
"Licensee"
Date: O _h 2.O
Address: 55 S E 3rd Avenue
Okeechobee. FL 34974
Witnesses:
Witnesses:
Printed Name: it-/x 42
C'-z\ -1t
Printed Name: A fs`\ f\ l(►\ t l 11 1
By:
"Licensor"
Dorothy Sweatt
B y—
Printed Name:
Title:
Date:
Address:
"Site Manager Billing Agent"
Alternative Networking, Inc.,
a Florida Corporation
)42.
Printed Name. Atalrrielithernetes
p Title: n, n V!' /Rrd
Printed Name: 67Z-L-/f4 /V 14,46 /AJ4 Date:
Address: 1300 Riverland Road
Fort Lauderdale, FL 33312