Carmel City Center/720 S. Rangeline Road/Roof License AgreementSAO
ROOF LICENSE AGREEMENT
This License Agreement ("Agreement") is hereby entered into by and between the City of
Carmel, Indiana, acting by and through its Board of Public Works and Safety (the "Licensee"),
and Carmel City Center, LLC, as the owner or agent for the owner (the "Owner") of a building
located at 720 S. Rangeline Road, Carmel, IN 46032 (the "Premises").
1. The Licensee is a municipal corporation organized under the laws of the State of Indiana.
2. The Licensee has determined that it is in the public interest to install a WeatherBug Big
Blue Box Weather Station, weather sensor mast, data cable, and all related equipment
(the "Equipment") within its corporate limits.
3. The Owner consents to the Licensee installing, operating, and maintaining the Equipment
on the building upon the terms set out hereinbelow.
4. The Owner hereby grants to the Licensee a license to use certain rooftop space on the
Premises for the location and operation of the Equipment.
5. The Licensee shall have the right to install, operate, and maintain the Equipment at the
Premises.
6. The Licensee shall have the right to connect the Equipment to the Owner's internet
network for the purpose of transmitting weather data.
7. All costs of the Equipment its installation, operation, and maintenance, will be bome by
the Licensee. The Owner shall not be responsible for any Equipment costs whatsoever.
8. The Equipment shall be and remain the property of the Licensee. The Licensee agrees to
install the Equipment in a good, workmanlike manner and to thereafter maintain the
Equipment -in good working order. Owner shall have the right to approve of the location
in which Licensee shall locate the Equipment. Owner shall have no responsibility for
damage to or destruction of the Equipment, and Licensee shall indemnify and hold
Owner harmless against any claims, suits, or causes of action brought against Owner
relating to the Equipment.
9. The Licensee shall have access to the Premises during normal business hours in order to
maintain and repair the Equipment.
10, The Owner shall not move, alter, materially interfere with or remove the Equipment,
except in a bona fide emergency situation, without giving five (5) days advance written
notice to the Licensee and procuring the Licensee's prior written consent to the same.
11. This Agreement shall be in effect for an initial period of five (5) years from its effective
date and shall thereafter automatically renew for one year periods unless terminated in
accordance with the terms of this Agreement.
12. Either party may terminate this Agreement at any time upon ninety (90) days advance
written notice to the other party.
13. In the event of the termination of this Agreement, the Licensee shall remove the
Equipment from the Premises, and the Owner shall not unreasonably hinder or delay such
removal. The Licensee shall be solely responsible for the cost and expenses of removing
the Equipment and restoring the Premises occupied by the Equipment to the condition in
which it was found prior to the installation of the Equipment, reasonable wear excepted.
14. Any notice provided for in this Agreement will be sufficient if it is in writing and is
delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to
be notified at the address specified herein:
To Licensee:
City of Carmel
AND Douglas C. Haney, Corporation Counsel
One Civic Square
Department of Law
Carmel, IN 46032
One Civic Square
Attn: Nancy Heck
Carmel, IN 46032
To Owner:
Laurie Siler, Senior Vice President
Carmel City Center, LLC
770 P Ave SW
Carmel, IN 46032
15. The parties warrant that they have read this Agreement and understand it, have had the
opportunity to obtain legal advice and assistance of counsel throughout the negotiation of
this Agreement, and enter into same freely, voluntarily, and without any duress, undue
influence or coercion.
16. This Agreement, together with any exhibits attached hereto or referenced herein,
constitutes the entire agreement between Owner and Licensee with respect to the subject
matter hereof, and supersedes all prior oral or written representations and agreements
regarding same. This Agreement may only be modified by written amendment executed
by both parties hereto, or their successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as
follows:
CITY OF CARMEL, INDIANA CARMEL CITY CENTER, LLC
by and through its Board of Public
Works and Safety
M.
AT S
Off istine Pau, e - reasurer
Date:
By:
XdAAA
Signature
SQ,(rl ID
Title
14
Date