ANTENNA LICENSE AGREEMENT
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Landlord
Tenant
CITY OF CLEAR WATER
P. O. BOX 4748
CLEAR WATER, FL 34618-4748
BELLWETHER PROPERTIES OF FLORIDA
(LIMITED)
27001 U.S. 19 N. SUITE 2096
CLEARWATER, FL 34621
Shopping Center: COUNTRYSIDE MALL
Existing Lease for Retail Premises Dated
Landlord and Tenant hereby a9ree as follows:
1. Landlord and Tena.nt are parties to a. lease (the "Lease") for a
retail store in the location listed above.
2. Landlord hereby grants Tena.nt a revocable non-exclusive license
to install, maintain and use the satellite antenna communication
system described. in Exhibit A (the "Equipment") in the area ot the
Shopping Center roof shaded as shown on Exhibit B ("the Operating
Area"), under the terms set forth herein.
3. The Equipment shall be used solely for the purpose of the
transmission and reception of internal communications between
Tenant and other stores and offices within the Melville
organization .If the Equipment 1s used for any other purpose,
Tenant agrees that Landlord may enforce this provision by
injunction or other court order issued without notice to Tenant
because of the irreparable harm which may be created.
4. The size, design, manner of installation, and location of the
Equipment wi~hin the Operating Area shall be sUbject to the prior
wri~ten approval of the Landlord. Tenant shall 9ive Landlord two
days advance notice of installation of the Equipment and such
installation shall be conducted in the presence of Landlord's
personnel.
5. Landlord may require immediate relocation of the Equipment, at
Tenant's cost, to another location on the roof of the Shopping
Center at any time.
6.
This Agreement shall:
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12. If the Tenant fails to cure any default with respect to the
performance of any of the terms, conditions or covenants of this
Agreement within five (5) days after notice to do so, the ..
Landlord may, at any time ~her8aft8r, terminate this Agreement
and the term thereot upon 9iving the Tenant three (3) days'
notice in writing. In such event this Agreement and the term
thereof shall terminate and come to an end on the date fixed in
such notice as if the date were the aate originally fixed in this
Agreement for the termination thereof. A default or termination
of the Lease, for any reason, will constitute a default or
termination of this Agreement.
13. This Agreement contains the entire aqreement between the
parties and all prior understandinqs and agree~entB between the
parties are ~ergsd herein. This Aqreement may be changed or
modified only by a writing executed by the party against whom
enforce~ent thereof 1s sought.
14. Corporate Property Investors is the designat.ion of the
Trustees under a Declaration of Trust. dated June 24, 1971, as
amended, and neither the shareholders nor the Trustees, officers,
employees or agents of the Trust created thereby shall be liable
hereunder and all persons shall look solely to the trust estate
for the payment of any claims hereunder or for the performance
hereof.
TENANT:
CITY OF CLEAR WATER
LANDLORD :
By: t: ~4:h J(Ccv
~le:
Kathy S. Rice. Acting City Manager
BELLWETHER PROPERTIES OF FLORIDA
(LIMITED)
By: Bellwether Properties I,
Limited Partnership
General Par ne
By: corporat r e
Gener 1 r e
By:
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ADDENDUM TO ANTENNA LICENSE AGREEMENT
fY\a..n:}~ l 99.,
The Antenna License Agreement entered into as of thne:mber2...3 ,~, by and
between Bellwether Properties of Florida (Limited) as "Landlord" and the City of
Clearwater, Florida, as "Tenant," for the installation of a radio communications
antenna at Countryside Mall in Clearwater, Florida, is subject to the following
modifications:
Paraqraoh Modification
1 The tenant does not, in fact, lease space for a retail store at
Countryside Mall. The agreement is entered into for the purpose of
permitting "Tenant" to install a radio communications antenna for
communications by and between departments and agencies of the City
of Clearwater.
2. The communication system is not a "satellite" communication system.
3. The City of Clearwater is not communicating with "other stores and
offices within the Melville organization."
6. Th i s Agreement sha 11 have a term of 10 years from the date the
system is installed, and may be extended from time to time as the
parties may agree. Subparagraphs (b) and (c) are deleted.
7. The City of Clearwater is self-insured. The City shall provide to
the Landlord a certificate of self-insurance before installing the
equipment and, in any event, within 10 days after the signing of the
Agreement and this Addendum.
7. Subparagraph (f) is modified by the addition of the following
statement: "The Tenant is a Florida municipality for which
sovereign immunity has been waived by Section 768.28, Florida
Statutes. Noth i ng here i n sha 11 operate to wa i ve any defense or
limitation of liability available to the Tenant or to its officers
and employees pursuant to Section 768.28, Florida Statutes."
j TENANT: LANDLORD:
CITY OF CLEARWATER, FLORIDA
By:
(LIMITED)
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By:
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