EXHIBIT 99.3
COMMUNICATIONS SITE AGREEMENT
This Communications Site Agreement ("Agreement") is entered into this
9th day of January, 2002, between Xxx and Xxxxxx Xxxxxx, a married couple, with
an office at 0000 Xxxxx Xxxxx, Xxxxxxxx, Xxxxxxx ("Client"), and KRC
Communications Inc. a Florida corporation, with an address of 0000 Xxxxxxxx
Xxxxxx Xxxxxxxx, Xxxxxxx 00000 ("KRCC").
For good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. PREMISES. KRCC is actively pursing a lease for a parcel of land (the
"Land") located in the Highway 62 corridor of Manatee County, State of Florida
commonly known as Parish #01. The Land is more particularly described in Exhibit
A annexed hereto.
2. USE. The Land may be used by Client for any activity in connection
with the provision of communications services. Client agrees to cooperate with
KRCC in making application for and obtaining all licenses, permits and any and
all other necessary approvals that may be required for Client intended use of
the Land.
3. TERM. The term of this Agreement shall be one (1) year commencing
upon deposit and execution of this agreement and terminating on the first
anniversary of the Execution Date (the "Term") unless otherwise terminated as
provided in Paragraph 5.
4. PAYMENT. Deposit is herby made under the terms of this agreement in
the amount of $1,000.00. The deposit is for professional services in the
acquisition and zoning for the above specified land (see Paragraph 1) This
deposit is to be deducted from the overall zoning deposit budget $20,100.000.
Type of tower and final lease price of land subject to Client approval.
5. TERMINATION. This Agreement may be terminated without further
liability on thirty (30) days prior written notice as follows: (i) by either
party upon a default of any covenant or term hereof by the other party, which
default is not cured within sixty (60) days of receipt of written notice of
default, provided that the grace period for any monetary default is ten (10)
days from receipt of notice; or (ii) by Client for any reason or for no reason,
provided Client delivers written notice of early termination to KRCC no later
than thirty (30) days prior to the Commencement Date; or (iii) by Client if it
does not obtain or maintain any license, permit or other approval necessary for
the construction and operation of Facilities; or (iv) by Client if Client is
unable to occupy and utilize the Premises due to an action of the FCC, including
without limitation, a take back of channels or change in frequencies; or (v) by
Client if Client determines that the Land is not appropriate for its operations
for economic or technological reasons, including, without limitation, signal
interference.
6. WAIVER OF SUBROGATION. Client and KRCC release each other and their
respective principals, employees, representatives and agents, from any claims
for damage to any person or to the Land or to the Client Facilities thereon
caused by, or that result from, risks insured against under any insurance
policies carried by the parties and in force at the time of any such damage.
Client and KRCC shall cause each insurance policy obtained by them to provide
that the insurance company waives all right of recovery by way of subrogation
against the other in connection with any damage covered by any policy.
7. ASSIGNMENT AND SUBLETTING. KRCC may assign this Agreement or any
portion thereof to an entity upon written notification to Client by KRCC,
subject to the assignee assuming all of KRCC's obligations herein. Upon
assignment or subletting, KRCC shall be relieved of all future performance,
liabilities, and obligations under this Agreement.
8. MISCELLANEOUS.
(a) This Agreement constitutes the entire agreement and understanding
between the parties, and supersedes all offers, negotiations and other
agreements concerning the subject matter contained herein. Any amendments to
this Agreement must be in writing and executed by both parties.
(b) If any provision of this Agreement is invalid or unenforceable with
respect to any party, the remainder of this Agreement or the application of such
provision to persons other than those as to whom it is held invalid or
unenforceable, shall not be affected and each provision of this Agreement shall
be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the
successors and permitted assignees of the respective parties.
(d) Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, or reliable overnight
courier to the address of the respective parties set forth below.
Client Xxx and Xxxxxx Xxxxxx KRCC: KRC Communications Inc.
0000 Xxxxx Xxxxx 0000 Xxxxxxxx Xxxxxx
Xxxxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx 00000
By: /s/ [Xxx Xxxxxx and Xxxxxx Xxxxxx] By: /s/ [Xxxxx X. Xxxxxxxx]
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Print Name: Xxxxx X. Xxxxxx Print Name: Xxxxx X. Xxxxxxxx
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Xxxxxx Xxxxxx
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Title: Title: President
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Tax ID#: Tax ID#: 00-0000000
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The foregoing instrument was acknowledged before me this 9th day of
January, 2002, by Xxxxx and Xxxxxx Xxxxxx, as ________, a _________, who is
personally known to me or who has produced FL DL as identification and who did
(did not) take an oath.
WITNESS my hand and official seal
By: /s/ [Signature]
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