Sample Business Contracts

Vermont-Windsor-Ascutney State Park Agreement - Vermont ETV and New England Wireless

Free Customizable Lease Forms

  • Commercial Lease. Start a state-specific lease for the rental of commercial property. Specify the term and rent due, as well as whether the landlord or tenant is responsible for property taxes, insurance, and maintenance and repairs.
  • Commercial Sublease. When a tenant vacates commercial property before the lease term has expired, it may be able to rent the premises to a third party. The tenant would be the sublessor and the third party would be the sublessee. Besides preparing a sublease, both parties will want to review the provisions for assignment or subletting in the original lease agreement between the landlord and the sublessor.
  • Sublease Agreement. Tenants of residential property should prepare a sublease agreement if they are seeking to sublease a room or the entire apartment or house to a third party. All parties should review the original lease agreement to see if there are any restrictions on subletting or assigning the premises.
  • Triple Net Lease. Triple net leases are a type of commercial leases where the tenant has to pay for property taxes, insurance, utilities, and maintenance, in addition to the monthly rent.
  • Office Space Lease. When renting an office space, tenants should understand the amount of the rent and duration of the lease. Other important terms include whether the space can be subleased, which parties are responsible for maintenance, and whether any furniture and furnishings will be provided.

Sponsored Links


      This AGREEMENT made and entered into this August 1, 1991, between Vermont
ETV, a public television network incorporated and existing under the laws of
the State of Vermont and having its principal offices in Colchester, Vermont
(ETV hereinafter) , and New England Wireless, a wireless cable television
company, having its principal place of business at Bellows Falls, Vermont
(NEWCTV hereinafter):

      WHEREAS ETV is the Lessee of certain land under a Lease from the State of
Vermont acting by and through its Department of Forests, Parks, and Recreation,
said Lease dated September 27, 1989, (attached hereto as Exhibit B and
incorporated by reference herein), by which there is demised to ETV
approximately 3.3 acres of Land located within the Ascutney State Park,
designated as "South Peak," Town of Windsor, Vermont, which Lease will continue
unless terminated as provided therein for a term of ten (10) years beginning
January 1, 1990;

      WHEREAS NEWCTV has requested the use of certain ETV premises and
facilities for the purpose of installing, operating, and maintaining at the
site of the leased premises an antenna and ancillary equipment housed in
cabinets, all of which is more particularly described in Exhibit A attached
hereto, which is hereby incorporated by reference, in connection with the
operation of a wireless cable television service by NEWCTV; and

      WHEREAS NEWCTV has satisfied criteria established by ETV for use of ETV's
premises and facilities for electromagnetic broadcast purposes;

      NOW, THEREFORE, it is agreed as follows:

      install, operate, and maintain an antenna(s) on the existing ETV
      transmitter tower and to install, operate, and maintain certain ancillary
      equipment within the ETV-owned building, as specified in Exhibit A to
      this Agreement, for the purposed stated above. Any installation and/or
      alterations by NEWCTV deviating in any way from the original installation
      authorized in Exhibit A must be specifically authorized in writing by

2.    ACCESS TO PREMISES. NEWCTV shall have such access to and use of ETV's
      premises and facilities, including common areas, as may be reasonable and
      necessary for its installation, operations, and maintenance under this
      AGREEMENT. NEWCTV shall be solely responsible for securing from third
      persons not party to this AGREEMENT, appropriate authorization for access
      to premises and facilities not within the possession and control of ETV.

3.    TERM. The term of this AGREEMENT shall commence on July 1, 1991 and shall
      expire at midnight on June 30, 1999 unless sooner terminated as
      hereinafter provided. There shall be no automatic renewal of this
      AGREEMENT by holdover, however, NEWCTV shall have the option to renew
      this agreement at the end of the initial term.

4.    TERMINATION. This AGREEMENT may be terminated by either party upon one
      (1) year's written notice by certified mail. In addition, if NEWCTV fails
      to comply with any provision or condition of this Agreement, and such
      noncompliance shall continue for a period of forty-five (45) days after
      timely written notice thereof is given by ETV to NEWCTV, ETV may
      terminate this AGREEMENT and pursue all remedies otherwise available
      under law.

5.    FEE. NEWCTV shall pay to ETV the annual base rent of Thirty-one Thousand,
      two-hundred-thirty dollars and no cents ($31,230.00) for the license term
      established in equal monthly installments in advance beginning on the
      commencement date of this license AGREEMENT. On 1 July of each succeeding
      year of the term of this license AGREEMENT, the revised annual base rent
      for each additional yearly period shall be increased by multiplying that
      year's base rent by one hundred percent (100%) plus the percentage
      increase in the Consumer Price Index, All Urban Consumers for the United
      States Average, published by the Bureau of Labor Statistics of the United
      States Department of Labor (CPI hereinafter), and computed as follows:

5.1   The CPI level reported as of December of the year prior to the current 1
      July will be the numerator of a fraction and the CPI as reported for
      December 1990 will be the denominator.

5.2   CPI Base. The initial CPI to be used in calculating the escalator index
      to the base rent shall be the rate published for the month ending
      December 1990.

5.3   In no instance shall the annual base rent be less than the previous base
      rent as escalated.

5.4   NEWCTV shall forward monthly payment checks made payable to Vermont ETV,
      Inc., and mailed to the address stated in Paragraph 16 of this license

5.5   ETV reserves the right to make appropriate adjustments to the base rent
      which reflect use of the site, in particular, its power requirements.
      Such adjustments shall be made only on July 1 of each succeeding year,
      with no less than sixty (60) days notice to NEWCTV. ETV also reserves the
      right to require NEWCTV to procure metered power service, should NEWCTV's
      power requirements be significant.

6.    INTEREST. Interest shall be charged on all overdue accounts in accordance
      with ETV's policies in effect at the time such interest is charged. ETV's
      assessment of interest shall not constitute a waiver of its rights to
      terminate this AGREEMENT for non-payment and/or to pursue remedies
      otherwise available under law.

      or cause to be paid, any and all taxes or payments in lieu thereof,
      levies, fees, or charges assessed against ETV or NEWCTV which result from
      or arise out of NEWCTV's operations under this AGREEMENT. NEWCTV shall
      have any such right as may be provided by law to dispute the
      reasonableness of any such taxes, levies, fees, or charges; provided
      NEWCTV agrees to pay all costs and/or expenses incurred in any such
      dispute and to indemnify ETV for all costs, expenses, fees, or judgments
      arising from NEWCTV's non-payment.

8.    PERMITS, RULES, AND REGULATIONS. NEWCTV shall be solely responsible for
      obtaining and maintaining all local, state, and federal permits and
      licenses required for its operations under this AGREEMENT. In addition,
      NEWCTV shall be solely responsible for complying with all local, state,
      and federal ordinances, rules, regulations, and laws applicable to
      installations and/or operations that are the subject of this AGREEMENT.

      ETV agrees to provide reasonable assistance to NEWCTV securing said
      permits and licenses, provided LICENSEE agrees to indemnify and hold ETV
      harmless from any and all expenses, penalties, damages, or costs,
      including but not limited to reasonable attorney's fees incurred in
      discharging this obligation.

9.    INITIAL APPLICATION. NEWCTV warrants and agrees that all information it
      provided in its application to ETV for the installation, operations, and
      maintenance that are the subject of this AGREEMENT is true and accurate.
      NEWCTV further warrants and agrees that it will advise ETV in writing of
      any contemplated changes in such installation, operations, or maintenance
      activity so that ETV can determine whether such use is consistent with
      its criteria for use of ETV's premises and facilities.

10.   REMOVAL OF EQUIPMENT. NEWCTV shall be solely responsible for the removal
      of its materials, equipment, and the like from ETV's premises and
      facilities upon termination of this AGREEMENT, said removal to occur
      within a reasonable time not to exceed thirty (30) days. Title to any
      property not removed within thirty (30) days shall vest in ETV unless
      NEWCTV has obtained prior to the expiration of such period written
      consent from ETV for an extension of time within which to remove such

      Subject to the terms of Paragraph 12, NEWCTV shall assume responsibility
      for the cost and expense of restoring the premises and facilities to
      their condition at the time it commenced installation under this
      AGREEMENT, reasonable wear and tear excepted.

11.   DAMAGE. NEWCTV shall be responsible for all damage to persons or property
      done to or resulting from its installation, operations, maintenance, or
      any other activity arising out of or incidental to this AGREEMENT or
      conducted by NEWCTV in violation thereof. NEWCTV shall indemnify and hold
      harmless ETV from any such loss, cost, fees, claims, damage, expense, or
      liability for such damage, including but not limited to all costs of
      defense. NEWCTV agrees to maintain commercial general liability insurance
      with a combined single limit of at least $1,000,000, including
      contractual liability coverage which will respond to obligations assumed
      under this license agreement.

11a.  INSURANCE. NEWCTV shall at all times maintain adequate property and
      liability insurance for its activity at the site. Within thirty (30) days
      following the execution of this agreement, NEWCTV shall provide ETV with
      a current Certificate for insurance coverage in effect for its activities
      at the site.

12.   PRINCIPAL LEASE. NEWCTV agrees to abide by all the terms and conditions
      expressed in the above-referenced Lease between the State of Vermont and
      ETV (attached as Exhibit B and incorporated by referenced herein). NEWCTV
      agrees to assume sole liability for its own breaches, violations or
      defaults of said Lease, and to indemnify and hold harmless ETV from
      claims or actions by the State of Vermont against ETV resulting from such
      breaches, violations or defaults by NEWCTV.

13.   INTERFERENCE. In the event that the operations of NEWCTV under this
      AGREEMENT interfere with the transmitting or receiving of radio,
      television, or electronic signals on the data hereof by ETV or other
      earlier authorized operators on the site, NEWCTV shall at its own expense
      and as soon as reasonably possible after notice thereof correct such
      interference and shall cease its operations until such correction occurs;
      provided, cessation of operations shall not be required if written
      consent is obtained from the operator suffering the interference; further
      provided, this provision shall not apply to test periods where the source
      of the interference is being determined for purposes of suppression. In
      the event that transmitting or receiving devices installed on the site in
      the future by any authorized user shall interfere with NEWCTV's
      transmission or reception, NEWCTV shall cooperate with such user in
      eliminating such interference.

14.   AIRTIME LOSS. ETV shall not be held liable or responsible for air time
      losses sustained for any reason by NEWCTV under this AGREEMENT or its
      rights hereunder. If any claim is made against ETV by NEWCTV's client,
      customer, or other third party for air time losses and any damage arising
      out of or resulting from such losses, NEWCTV shall indemnify and hold
      harmless ETV for all losses and expenses incurred by ETV including but
      not limited to all costs of defense.

15.   ASSIGNMENT. NEWCTV shall not assign or sublicense this AGREEMENT or its
      rights hereunder without the expressed written approval of ETV and
      subject to the underlying ground lease attached in EXHIBIT B.

16.   NOTICES. All notices required by this AGREEMENT shall be presented as
      provided below:

      TO ETV:     Business Office
                  Vermont ETV, Inc.
                  88 Ethan Allen Avenue
                  Colchester, Vermont 05446

      TO NEWCTV:  New England Wireless
                  56 Green Street
                  Bellows Falls, VT    05101

17.   PAYMENTS. All payments required by the AGREEMENT shall be made payable to
      Vermont ETV, Inc., and mailed to:

                  Business Office
                  Vermont ETV, Inc.
                  88 Ethan Allen Avenue
                  Colchester, Vermont 05446

18.   PERFORMANCE. The failure of ETV to demand strict performance of any of
      the terms, conditions, and covenants herein shall not be deemed a waiver
      of any rights and/or remedies ETV has and shall not be deemed a waiver of
      any subsequent breach or default in the terms, covenants, and conditions
      herein contained.

19.   AMENDMENT. This AGREEMENT may not be modified or amended except by
      written Agreement signed by both parties.

20.   DISPLAY OF LICENSE. NEWCTV shall attach and prominently display a copy of
      NEWCTV's current FCC license on equipment installed by NEWCTV on the

21.   LAWS. This AGREEMENT shall be governed by the laws of the State of

22.   STATE CONSENT. This AGREEMENT shall be subject to the consent of the
      State of Vermont through its Department of Forests, Parks, and
      Recreation, said consent provided as attached Exhibit C, which is hereby
      incorporated by reference.

23.   This AGREEMENT has been signed in duplicate, each of which shall stand as
      an original.

ETV:                                   Vermont ETV, Inc.

                                       By: /S/_________________________________
                                           John E. King
                                           Vice President
                                           Finance and Administration

                                           Date: 8/2/91

On the 2nd day of August, in the year 1991, before me Louise Rashleigh, Notary
Public in and for said state, personally appeared John E. King and signed said
Agreement of his own free will.

                                       Signature /S/___________________________
                                                 Notary Public

NEWCTV:                                New England Wireless

                                       By: /S/_________________________________
                                           Scott A. Wendel

                                           Date: August 2, 1991

On the 2nd day of August in the year 1991, before me Louise Rashleigh, Notary
Public in and for said state, personally appeared Scott Wendel, and signed said
Agreement of his/her own free will.

                                       Signature ______________________________
                                                 Notary Public

                                   EXHIBIT A
                              EQUIPMENT INVENTORY

                                   EXHIBIT B

Underlying sublease agreement between the State of Vermont and Vermont ETV, Inc.

                                   EXHIBIT C
                                 STATE CONSENT

I, ________________________ duly authorized Agent of the State of Vermont,
acting through its Agency of Natural Resources, Department of Forests, Parks
and Recreation, do hereby consent to the foregoing Agreement dated 
________________, 1991, between Vermont ETV, Inc. and ________________________.


By: /S/____________________________        __________________________________

Title: ____________________________        __________________________________

Date: _____________________________

                                   EXHIBIT D

Annual Site Fee                                                        $  2,000

Tower Space:

        1 - 27 foot receive antenna (2 sides)  =  54 feet
        2 - 12 foot transmit antenna           =  24 feet
        1 - 6 foot microwave dish antenna      =  6 feet
                 84 feet @ $80/lineal foot 6,720

Building Space:

        4 - equipment cabinets  =  58.74 square feet
                     @ $200/square ft.                                   11,748

Estimated Power Consumption:
        12.29 KWH per day                                                10,762

        Total                                                          $ 31,230

                              or $2,602.50/month