Item D08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 18. 2005
Division: Public Safety
Bulk Item: Yes ---1L
No
Department: Communications
Staff Contact Person: James R. "Reggie" Paros
AGENDA ITEM WORDING: Approval of Entry and Testing Agreement with New Cingular
Wireless PCS, LLC, to allow access to the North Key Largo Tower Site to conduct testing prior to
negotiating an agreement to lease tower space
ITEM BACKGROUND: Cingular Wireless is interested in leasing space to install a
telecommunication facility on the North Key Largo tower. Prior to negotiating an agreement with
Monroe County, they are requesting to have access to the site to perform testing and determine the
feasibility of the site. The enclosed Entry and Testing Agreement authorizes access to the site for a
total of 180 days from the execution date.
PREVIOUS RELEVANT BOCC ACTION: Not applicable
CONTRACT/AGREEMENT CHANGES: This is a new agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $0.00
BUDGETED: Yes
No
N/A
COST TO COUNTY: $0.00
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
DOCUMENTATION:
Included
OMB/Purchasing NI A Risk Management YES
(./~ // ,,:--
, c- ~/ ,~L--_oo
Ijames R. "Reggie" Paras
X Not Required_
APPROVED BY: County Atty YES
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
4/tl
CONTRACT SUMMARY
Contract #
Contract with: New Cingular Wireless PCS Effective Date: Upon execution
Expiration Date: 180 days from Execution Date
Contract Purpose/Description: Entry and Testing Agreement ,,,hich provides for Cingular to
enter property and conduct testing at County-owned Key Largo tower site (CR~905)
to conduct due diligence investigation of the property prior to entering into lease negotiations
Contract Manager: James R. Paros
(Name)
6002
(Ext.)
Public Safetv Stop 15
(Department/Stop #)
for BOCC meeting on May 18, 2005
Agenda Deadline: May 3,2005
CONTRACT COSTS
Total Dollar Value of Contract: $ n/a Current Year Portion: $
Budgeted?YesD No D Account Codes: _~_
Grant: $_ ~-_-_-_~~
County Match: $_ _-_ _ _~_
- .. OIl _
--~~-
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/)1' For:_
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes ~. ~/L
~...D;$* Needed / 0.~ewer
Division Director .;) ;-1h~esD N~~ /. b. /Y _~~~
Risk Management ~05 YeSDNo~:/fiY\- ~fh-;.
Date Out
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YesDNoD
YesDNo~ S~
o .M.B .!Purchasing
County Attorney
u
Comments:
OMB Form Revised 9/11/95 MCP #2
Cell Site Name:
Candidate:
Site Acq.:
Phone Number:
ENTRY AND TESTING AGREEMENT
This Entry and Testing Agreement (the "Agreement") is made as of this day of
2005 (the "Execution Date") by and between Monroe County BOCC 1
("Grantor") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware a limited liability company,
d/b/a Cingular Wireless ("Grantee").
WHEREAS, Grantor is the owner of or holds a leasehold interest in a portion of real property
commonly known as North Key Largo Tower Site , City of N/ A , County of
Monroe , State of Florida (the "Property"); and
WHEREAS, Grantee has an interest in leasing or licensing certain space on the Property as a
tower or antenna site, as applicable (the "Site") for purposes of installing, operating and maintaining a
communications facility which shall include improvements, including but not limited to, antennas,
microwaves, coaxial cables and other equipment thereto; and
WHEREAS, in order for Grantee to determine the viability and feasibility of the Site for Grantee's
intended use as a tower or antenna site, it is necessary for employees, agents or independent contractors of
Grantee to enter upon and inspect the Property and/or to temporarily locate communications equipment on
the Site to conduct short term radio propagation tests; and
WHEREAS, as an accommodation to Grantee, Grantor is willing to permit Grantee, its employees,
agents and/or independent contractors to enter onto the Property to conduct such investigations, under the
terms and conditions stated herein.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
L Grantor grants to Grantee, its contractors, agents, employees and assigns the right to enter
upon the Property to conduct and perform all or some of the following activities to
determine the feasibility of the Site for use as a tower or antenna site: surveys, geo-
technical soil borings and analysis (including, but not limited to, any structural analysis
on any existing structure on the Property), Phase I and Phase II environmental audits,
boundary surveys, radio propagation studies, which is understood to mean the vertical
placement of a radio transmitter by crane, or in the instance where there is an existing
tower or building on the Property, on such tower or building, at the height required for
potential permanent antenna placement, and such other tests and inspections of the Site
which Grantee may deem necessary or advisable (the "Permitted Activities"). Grantee's
rights under this Agreement are specifically limited to the Permitted Activities and shall
not include any other activities on any other portion of the Property upon which the Site
is located. Grantee shall be responsible for any and all costs related to the Permitted
Activities, including the installation, operation and removal of equipment on the Site.
Grantee's access to the Site shall be coordinated in advance with Grantor and is subject to
Grantor's approval. In addition to the foregoing, Grantor consents and agrees that
Grantee, its contractors, agents, employees and assigns, shall have the right to make and
file applications on Grantor's behalf to such local, state and federal governmental entities
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whose approval Grantee may consider necessary or advisable to have the Property
approved as a tower or antenna site, including but not limited to, governmental approvals
for zoning variances, rezoning applications, building permits and wetland permits. In the
event any governmental agent shall require further documentation, Grantor agrees that it
shall execute any such documents to evidence its consent to the action proposed by
Grantee.
2. Grantee agrees to comply with all local, state and federal laws, rules and ordinances
applicable to the Permitted Activities. Grantee further agrees to exercise due care in the
performance of all Permitted Activities on the Site, and to not interfere with Grantor's or
any other authorized party's activities on the Site.
3. Grantee shall indemnify and hold harmless Grantor, its employees, agents or contractors,
from any and all claims, actions, damages, liability and expense, induding without
limitation reasonable attorneys' fees and costs in connection with personal injury or
property damage arising out of the acts or omissions of Grantee, its employees, agents or
independent contractors entering upon the Site under this Agreement. This
indemnification obligation shall survive the expiration or termination of this Agreement.
4. At Grantor's request, Grantee agrees to provide a certificate of insurance evidencing the
insurance coverage of Grantee and/or its contractors.
5. The Term of this Agreement shall be one hundred eighty (180) days from the Execution
Date hereof; provided however, that Grantor may immediately terminate this Agreement
in the event that Grantee breaches any term of this Agreement.
6. In the event this Agreement expires or is terminated and the parties have failed to execute
a License or Lease for this Site, Grantee will immediately remove any and all of its
equipment from the Site and will restore the Site to substantially the condition that
existed immediately prior to Grantee's entry thereon, reasonable wear and tear and
damage not caused by Grantee excepted.
7. In the event that Grantor is a lessee of the Property, Grantor shall use its best efforts to
obtain a consent to this Agreement from the underlying Lessor and any necessary
documentation to allow Grantee the ability to perform any of the Permitted Activities on
the Property. Furthermore, Grantor shall provide, upon Grantee's request, any existing
documentation in Grantor's possession related to the Property including, but not limited
to, an existing survey and copies of any existing reports and applications that Grantee
deems reasonably necessary.
8. This Agreement constitutes the entire understanding between the parties with respect to
the Permitted Activities. All prior agreements or understandings, whether oral or written
are superceded. This Agreement may be amended only by a written document duly
executed by the parties. This Agreement is governed by the State in which the Site is
located.
SIGNATURES CONTAINED ON THE FOLLOWING PAGE
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
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