2. 04/08/1998 to 04/07/2003
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BRANCH OFFICE
3117 OVERSEAS InGHWA Y
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: Reggie Paros
Director of Public Safety
FROM:
Attention: Stacy
Ruth AnD Jantzen AI?flri I
Deputy Clerk 7
DATE:
May 1, 1998
-----------------------------------------------------------------------------------------------------------------------
On April 8, 1998, the Board of County CommissionerS adopted Resolution No.
150-1998 authorizing the Mayor to sign and execute on behalf of Monroe County,
an Interlocal Agreement with the Dade County School Board for the use of the TV
Translator Towers by WLRN Public Radio.
Enclosed please find a certified copy of the above Resolution as well as a
fully executed duplicate original of the above Agreement for your handling.
If you have any questions regarding the above, please do not hesitate to contact
this office.
cc: County Attorney
Finance
County Administrator, wlo document
File
LEASE AGREEMENT
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THIS INTERLOCAL AGREEMENT, made and entered into by and between
Monroe County, Florida, herein called the County and WLRN Public
Radio, acting through the School Board of Dade County, herein called
the School Board, pursuant to Section 163.01,
following locations: (
35.0 W; (
W; (3) Grassy Key,
(4) West Summerland, coordinates
Key West, coordinates 24-34-58.0 Nand 81-46-0.0 W, hereinafter
referred to as the "towers"; and
WHEREAS, both the County and the School Board are desirous of
placing certain antennae on the above-referenced towers; and
WHEREAS, utilization of the towers will require a lease to the
School Board; and
WHEREAS, the School Board represents that placement and operation
of public radio equipment on the tower will not interfere with other
users' communications equipment or operations, the structural
integrity of the tower or the future communications plans of the
County.
NOW THEREFORE, in consideration of the mutual benefits and one
dollar ($1.00) receipt acknowledged, it is mutually agreed as follows:
1. DESCRIPTION. The School Board may use the tower space on the
towers as described in Exhibit A. hereto.
2. MAINTENANCE AND REPAIRS. The School Board will maintain and
repair its equipment installed on the towers.
3. PERMITS. It will be the responsibility of the School Board to
obtain any permits necessary for installation and operation of its
equipment on the towers.
4. INTERFERENCE. The School Board shall conduct its communications
and on-site operations in such a manner as will create no interference
with other user's current and future planned operations.
ll coordinate physi unty
shall have the final authori
ACCESS. The authorized employees and agents of the School Board
shall, at all times during the terms of this lease, have the right to
enter upon the premises where any of their equipment is located and
enjoy full and complete access, provided such access is made in such a
manner as to create the least practical interference with others'
operations.
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6. UTILITIES. The School Board shall be responsible for its own
utilities at the site.
7. TERM. The term on the lease shall be for the period of five (5)
years. This lease may be renewed by agreement of both parties in
writing. Either party may terminate the lease by giving at least
thirty (30) days notice in writing.
8. ASSIGNMENT. This lease and the rights and premises hereunder may
not be transferred, assigned or sub-leased in whole or part without
written consent of the County.
9. REMOVAL OF PROPERTY. Upon termination of this lease, whether at
the expiration of any term or by earlier cancellation as herein
provided, the School Board shall, at its own cost and expense, remove
or cause to be removed its communications equipment. Upon such
removal, the School Board shall restore the premises to the same good
order and condition as they were on the date this agreement was
executed, normal wear and tear excepted.
10 NEGLIGENCE. Any liability of the Parties and any
employees shall be as provided in Section 768.28, Florida
All damage caused by acts, omissions to act or negligence
restored by the Party causing same.
of their
Statutes.
shall be
11. ALTERATIONS. The School Board agrees not to make any alterations,
additions, or improvements to the tower without written consent of the
County.
12. CONSTRUCTION. This Agreement shall be interpreted and construed
as a lease in accordance with the laws of the State of Florida.
13. WAIVER. The Parties agree that the waiver by either Party of a
breach of any provision of this Agreement shall not operate or be
construed as a waiver of any subsequent breach by that same party.
14. SEVERABILITY. Any provisions of this Agreement in violation of
the laws of the State of Florida shall be ineffective to the extent of
such violation without invalidating the remaining provisions of this
Agreement.
15. MISCELLANEOUS. The Parties shall have the right to incorporate
into and make a part of this Agreement such conditions, changes, or
modifications which are, or may hereafter become necessary to comply
with any requirement or decision of the Federal Communications
Commission (FCC) so as not to prejudice or cause the termination of
any Party's FCC communications authorization.
16. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the Parties with respect to the subject matter
hereof. This Agreement may not be changed orally.
17. AVAILABILITY OF FUNDS. Notwithstanding any prov~s~on herein to
the contrary, this Agreement is subject to the availability of funds.
18. COOPERATION. Each Party shall cooperate with the other to
utilize the premises for the purposes contemplated herein and to
minimize interference to equipment and service. The School Board
shall move its antennas to another mutually agreed location should the
County need the tower space, currently used by the School Board, for
future equipment requirement.
19. SUCCESSORS. This Agreement shall bind the successors and assigns
of the Parties.
20. EFFECTIVE DATE. This agreement shall take effect when a copy
hereof shall have been filed with the Clerk of the Circuit Court of
Dade County, Florida, and the Clerk of the Circuit Court of Monroe
County, Florida.
IN WITNESS HEREOF, the Parties have caused the Agreement to be
signed, sealed, executed and delivered by their duly authorized
officers, as of the day and year written below their names.
SCHOOL BOARD OF DADE COUNTY/WLRN
PUBLIC RADIO
BY:~ C ~~
AUTHORIZ REPRESENTATIVE
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DATE:
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LONDON, MAYOR
DATE:
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EXHIBIT A
1. Key Largo Site:
Four bay circularly polarized transmitting antenna with radiation
center at 300 ft AG mounted on S face. Scala CL-FM Yagi
receiving antenna at 270 ft AG mounted on N leg.
2. Islamorada site:
Four bay circularly polarized transmitting antenna with radiation
center at 150 ft AG mounted on W face. Scala CL-FM Yagi
receiving antenna 190 ft AG mounted on E leg.
3. Grassy Key Site:
Four bay circularly polarized transmitting antenna with radiation
center at 160 ft AG mounted on W leg. Scala CL-FM Yagi
receiving antenna 190 ft AG mounted on N leg.
4. West Summerland site:
Four stacked Scala CA-150 transmitting antenna skewed 40
degrees, 2 at 270 degrees and 2 at 310 degrees with radiation
center 260 ft AG mounted on SW leg. Four stacked Scala
CA-150 transmitting antennas at 70 degrees with radiation center
at 260 ft AG mounted on E leg. Scala CL-FM Yagi
receiving antenna at 197 ft AG mounted on NE face.
5. Key West Site:
Four stacked Scala CA-150 transmitting antennas skewed 40
degrees, 2 at 180 degrees and 2 at 220 degrees with center of
radiation at 85 feet AG mounted on W leg. Four stacked Scala
CA-150 transmitting antennas at 90 degrees with radiation center
at 85 feet AG mounted on E face. Scala CL-FM Yagi
receiving antenna at 150 feet AG mounted on E leg.
connecting transmission line cable type on all towers shall be 7/8"
foam dielectric.
INTERLOCAL AGREEMENT ADDENDUM
THIS ADDENDUM TO INTE made and entered into
this ~J ~ day of , 1994 A.D., by and between the
Board of county Commissioners onroe County, Florida, herein called
the County and WLRN Public Radio, acting through the School Board
of Dade County, herein called the School Board, pursuant to
Section 163.01, Florida Statutes, in order to amend the interlocal
agreement between the parties dated March 24, 1993, as follows:
Paragraph 11, shall be amended to read as follows:
11. ALTERATIONS. The School Board may modify the guy cables
at the West Summer land Site by installing "phillystran" sections
in the guy cables that present interference to its system. The
replacement of these sections of guy cable shall be done in
accordance with the manufacturers recommendations and at the School
Board's cost. The School Board shall accept financial
responsibility for any structural failures or repairs that might
result from this modification. The School Board agrees not to make
any other alterations, additions, or improvements to the towers
without written consent of the County.
Paragraph 18, shall be amended to read as follows:
18. COOPERATION. Each Party shall cooperate with the other to
utilize the premises for the purposes contemplated herein and to
minimize interference to equipment and service. The School Board
shall move its antennas to another mutually agreed location should
the County need the tower space, currently used by the School Board,
for future equipment requirement.
Paragraph 2, of EXHIBIT A shall be amended to read as follows:
2. Islamorada Site:
Four bay circularly polarized transmitting antenna with
radiation center at 150 ft AG mounted on W face. Scala CL-FM
Yagi receiving antenna 190 ft AG mounted on E leg.
Paragraph 3, of EXHIBIT A shall be amended to read as follows:
3. Grassy Key Site:
Four bay circularly polarized transmitting antenna with
radiation center at 160 ft AG mounted on W leg. Scala CL-FM
Yagi receiving antenna 190 ft AG mounted on N leg.
Paragraph 5, of EXHIBIT A shall be amended to read as follows:
5. Key West Site:
Four stacked Scala CA-150 transmitting antennas skewed 40
degrees, 2 at 180 degrees and 2 at 220 degrees with center of
radiation at 85 ft AG mounted on W leg. Four stacked Scala
CA-150 transmitting antennas at 90 degrees with radiation center at
85 ft AG mounted on E face. Scala CL-FM Yagi receiving
antenna at 150 ft AG mounted on E leg.
In all other respects, the Interlocal Agreement between the
parties dated March 24, 1993 remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Interlocal Agreement Addendum to be executed the day and year first
above written.
BY:
JACK LONDON, MAYOR
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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AUTHORIZED
SCHOOL BOARD
WLRN PUBLIC
(SEAL)
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WITNESS
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}",EASE AGREEMENT
'PHIS INTERLOCAL ,AGREEMENT, made and entered into by and between
Monroe County, Florida, herein called the County and WLRN Public
Radio, acting through the School Board of Dade County, herein called
the School Board, pursuant to Section 163.01, Florida Statutes;
WHEREAS, the County ~wns five television translator towers,
0
Nand N and
80- Nand 80-57-
81-18-36.
46-0.0 W, hereinafter
referred to as the "towers"; and :: \!5
WHEREAS, both the County and the School Board are desirous \..df
placing certain antennae on the above-referenced towers; and__
WHEREAS, utilization of the towers will require a lease to t~
School Board; and LJ
WHEREAS, the School Board represents that placement and operati~n
of public radio equipment on the tower will not interfere with other
users' communications equipment or operations, the structur~
integrity of the tower or the future cormnunications plans of t~
County.
NOW THEREFORE, in consideration of the mutual benefits and one
dollar ($1.00) receipt acknowledged, it is mutually agreed as follows:
1. DESCRIPTION. The School Board may use the tower space on the
towers as described in Exhibit A. hereto.
2. MAINTENANCE AND REPAIRS. The School Board will maintain and
repair its equipment installed on the towers.
3. PERMITS. It will be the responsibility of the School Board to
obtain any permits necessary for installation and operation of its
equipment on the towers.
4. INTERFERENCE. The School Board shall conduct its communications
and on-site operations in such a manner as will create no interference
wi th other user I s current and future planned operations. The County
shal he partie
such arrangements.
5. ACCESS. The authorized employees and agents of the School Board
shall, at all times during the terms of this lease, have the right to
enter upon the premises where any of their equipment is located and
enjoy full and complete access, provided such access is made in such a
manner as to create the least practical interference with others I
operations.
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6. UTJ;LITIES. The School Board shall be responsible for its own
utilities at the site.
7. TERM. The term on the lease shall be for the period of five (5)
years. This l~ase may be rene'lied by agreement of both parties in
writing. Ei,ther party may terminate the lease by giving at least
thirty (30) days notice in writing.
8. ASSIGNMENT. This lease and the rights and premises hereunder may
not be transferred, assigned or sub-leased in whole or part without
written consent of the County.
9. REMOVAL OF PROPERTY; Upon termination of this lease, whether at
the expiration of any term or by earlier cancellation as herein
provided, the School Board shall, at its own cost and expense, remove
or cause to be removed its communications equipment. Upon silch
removal, the School Board shall restore the premises to the same good
order and condi tion as they were on the date this agreement was
executed, normal wear and tear excepted.
10 NEGLIGENCE. Any liability of the Parties and any of their
employees shall be as provided in Section 768.28, Florida Statutes.
All damage caused by acts, omissions to act or negligence shall be
restored by the Party causing same.
11. ALTERATIONS. The School Board agrees not to make any alterations,
additions, or improvements to the tower without written consent of the
County.
12. CONSTRUCTION. This Agreement shall be interpreted and construed
as a lease in accordance with the laws of the State of Florida.
13. WAIVER. The Parties agree that the waiver by either Party of a
breach of any provision of this Agreement shall not operate or be
construed as a waiver of any subsequent breach by that same party.
14. SEVERABILITY. Any provisions of this Agreement in violation of
the laws of the State of Florida shall be ineffective to the extent of
such violation without invalidating the remaining provisions of this
Agreement.
15. MISC~OUS. The Parties shall have the right to incorporate
into and make a part of this Agreement such conditions, changes, or
modifications which are, or may hereafter become necessary to comply
with any requirement or decision of the Federal Communications
Commission (FCC) so as not to prejudice or cause the termination of
any Party's FCC communications authorization.
16. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the Parties with respect to the subject matter
hereof. This Agreement may not be changed orally.
/
17. AVAILABILITY OF FUNDS. Notwithstanding any provision herein to
the contrary, this Agreement is subject to the availability of funds.
18. COOPERATION. Each Party shall cooperate with the other to
utilize the premises for the' purposes contemplated herein and to
minimize interference to equipment and service.
19. SUCCESSORS. This Agreement shall bind the successors and assigns
of the Parties.
20. EFFECTIVE DATE. This agreement shall take effect when a copy
hereof shall have been filed with the Clerk of the Circuit Court of
Dade County, Florida, and the Clerk of the Circuit Court of Monroe
County, Florida.
IN WITNESS HEREOF, the Parties have caused the Agreement to 'be
signed, sealed, executed and delivered by their duly authorized
officers, as of the day and year written below their names.
SCHOOL BOARD OF DADE COUNTY/WLRN
PUBLIC RAnI
(S EAL)
ATTEST:DANNY L. KOLHAGE,CLERK
BY:'~oL.J..C. A/J~ BY:
Deputy Cler~
~
MAYOR
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2XHIBIT A
1. Key Largo Site: .
Four bay circularly polarized transmitting antenna with radiation
center at 300 ft AG mounted on S face. Scala CL-FM Yagi
receiving antenna at 270 ft AG mounted on N leg.
2. Islamorada Site:
Four bay circularly polarized transmitting antenna with radiation
center at 150 ft AG mounted on W face. Scala CL-FM Yagi
receiving antenna 70 ft AG mounted on E leg.
3. Grassy Key Site:
Four bay circularly polarized transmitting antenna with radiation
center at 160 ft AG mounted on W leg. Scala CL-FM Yagi
receiving antenna 70 ft AG mounted on N leg.
4. West Summerland Site:
Four stacked Scala CA-150 transmi tting antenna skewed 40
degrees, 2 at 270 degrees and 2 at 310 degrees with radiation
center 260 ft AG mounted on SW leg. Four stacked Scala
CA-150 transmitting antennas at 70 degrees with radiation center
at 260 ft AG mounted on E leg. Scala CL-FM Yagi
receiving antenna at 197 ft AG mounted on NE face.
5. Key West Site:
Four stacked Scala CA-150 transmitting antennas skewed 40
degrees, 2 at 180 degrees and 2 at 220 degrees with center of
radiation at 85 feet AG mounted on west leg. Four stacked
Scala CA-150 transmitting antennas at 90 negrees with radiation
center at 85 feet AG mounted on east face. Scala CL-FM
Yagi receiving antenna at 70 feet AG mounted on east leg.
Connecting transmission line cable type on all towers shall be 7/8"
foam dielectric.
Public Safety Division
RESOLUTION NO. 150 -1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR
OF MONROE COUNTY, FLORIDA TO SIGN AND EXECUTE ON
BEHALF OF MONROE COUNTY AN INTERLOCAL AGREEMENT
WITH THE DADE COUNTY SCHOOL BOARD FOR THE USE OF
THE TV TRANSLATOR TOWERS BY WLRN PUBLIC RADIO
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to sign
and execute on behalf of Monroe County an interlocal agreement, a copy of which is
hereby attached and incorporated by reference, with the Dade County School Board for
the use of the County's television translator towers by WLRN Public Radio.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 8th day of
April , 1998.
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Mayor London
Mayor Pro Tern Harvey
Commissioner Freeman
Commissioner Douglass
Commissioner Reich
yes
.
yes
yes
yes
yes
(SEAL)
Attest: DANNY KOLHAGE, Clerk
BY~~~
Dep y Cler
By
TY COMMISSIONERS
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Mayor/Chairm@~: ..!.. ~
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APPROVED AS TO RM!E: .. C")
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