01/29/1992 License Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
M E M 0 RAN DUM
To:
Reggie Paros,
Division Director/Public Safety
From:
Rosalie L. Connolly, Deputy Clerk
Date:
March 4, 1992
On January 29, 1992, the Board of County Commissioners
approved and authorized execution of a License Agreement
with the Department of the Navy concerning use of the
translator tower at Sigsbee Park in Key West.
Attached is one duplicate original and one copy of the
Agreement, now executed and sealed by all parties. The
duplicate original <raised seal) should be returned to the
Government and the copy should be retained in your own
proper departmental records.
Rosalie L.
Deputy Clerk
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Attachments
cc: County Attorney
County Administrator w/o document
Finance Director
File
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LICENSE AGREEMENT
'92 MAR -3 P 4 : 1 4
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THIS AGREEMENT, made and entered into by and between ~fi~
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County, Florida, herein called the County and the United States
of America, acting through the Department of the Navy, herein
called the Government;
WHEREAS, the Government granted the County an Easement
(N62467-85-RP-00158), dated 19 August 1985, for a fifty (50) year
period, over Government owned land at Sigsbee Park, Monroe
County, FL, for construction, installation, operation,
maintenance, repair, and replacement of a county owned television
translator tower, hereinafter referred to as the "tower"; and
WHEREAS, both the County and the Government are desirous of
placing certain antennae on the above-referenced tower; and
WHEREAS, utilization of the tower will require a license to
the Government; and
WHEREAS, the Government represents that placement and
operation of Government 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 Government may use the tower space
on Sigsbee Tower as described in Exhibit A. hereto.
2. MAINTENANCE AND REPAIRS. The Government will maintain
and repair its equipment installed on the tower.
3. PERMITS. It will be the responsibility of the
Government to obtain any permits necessary for installation and
operation of its equipment on the tower.
4. INTERFERENCE. The Government shall conduct its
communications and on-site operations in such a manner as will
create no interference with other users' current and future
planned operations. The County shall coordinate physical
arrangements among the parties. The County shall have the final
authority as to such arrangements.
5. ACCESS. The authorized employees and agents of the
Government shall, at all times during the terms of this license,
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.
6. UTILITIES. The Government shall be responsible for
its own utilities at the site.
7. TERM. The term on the license shall be concurrent
with the term of the above-referenced easement for the underlying
real property between the County and the Government.
8. ASSIGNMENT. This license and the rights and premises
hereunder may not be transferred, assigned or SUb-licensed in
whole or part without written consent of the County.
9. REMOVAL OF PROPERTY. Upon termination of this
license, whether at the expiration of any term or by earlier
cancellation as herein provided, the Government shall, at its own
cost and expense, remove or cause to be removed its
communications equipment. Upon such removal, the Government
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. EFFECTIVE DATE. This license shall become binding
and effective on the date the latter party executes same.
11. HOLD HARMLESS. To the extent allowable under the
Federal Torts Claims Act and the availability of funds, the
Government agrees to indemnify and hold harmless the County from
any and all claims and related expenses caused by the negligence,
errors or omissions of the Government and its personnel in the
use and maintenance of the tower subject to this agreement.
12. ALTERATIONS. The Government agrees not to make any
alterations, additions, or improvements to the tower without
written consent of the County.
13. CONSTRUCTION. This Agreement shall be interpreted
and construed as a license in accordance with the laws of the
State of Florida.
14. 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.
15. MISCELLANEOUS. The Parties shall have the right to
incorporated 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.
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.
UNITED STATES OF AMERICA
BY:
(~tl.&~
J. . OWENS
REAL ESTATE CONTRACTING OFFICER
DATE:
I /,1 "3/tf2
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CONCURRENCE:
Y!f\ I (1.w.
COMMANDING OFFICER
NAVAL AIR STATION
KEY WEST, FL
MONROE COUNTY
BY:(.lt..~~I\~-N';--~" ~~r r::~,..
WILHELMINA HARVEY, MAYOR ~
DATE: January 29. 1992
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY-#4~
Deputy Ie
APPROVED AS 7'0 FO/1M
AND LEGAL SUFFICIENCY.
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FEB-11-' '32 TUE 1=,: 50 I D: r'1F:THtl CDH< ECiC
TEL NO:743-7684/852-8416
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A PARCEL OF LAND AT ( SBEE ~A}(K I MONROf;
OESCRi~EO AS FOLt.OW5; '''-.- .
COUN'ry, !LOrUO^, Bf ING
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COMMENCE AT TH~ CENTEn J?OINn' OF '.rffF.: SOUTHEAST ANCHOR 010" TH~
EXIST:NG STE~L rOWER AS SHOWN ON SPECIFIC PURPOSE SURVE~, DATED
10--17"90, PREPARED BY CRowotRhMAHONEY, INC. (SURVEY ENTITLED
i'DRE~GERS KEY SITF. SPECIFIC PURPOSE SURVEY") 1 TH~NCE RUN EASTERLY
ALONG ~HE PROJEC~ION Of" A LINE CONNECTING TO THE CENTER POINTS OF
THE SOUTHWEST ANCHOR AND TH~ SOUTHEAST ANCHOR FOR 10 F~ET TO ^
por~T; THENCE RUN SOUTHERLY NT: RIGl-IT ,lI.NGIJES TO THE LAST OESC\UBED
LINE fOrt 3 FEET T.O THE POINT OF 8BGINNING OF THE kEH~XN DtSCRIBED
PARCBL OF' LAND; f)'HENCE CONTtNUE SQUTHERr"y JU..ONG THE !..AS': l>E~
SCRl BED fJINE FOR 26 FEET TC-I ^ POUl'l'J THENCE RUN WESTERLY I PARAL-
LEL TO THE LINE CONNECTING THS CENT~R POINTS OF THE TWO A~ORESAI~
ANCHORS 1 FOR 58 FEET TO }J, POUlT; THENCE RUN NORTHERLY AT RIGHT
ANGLES TO 1'UE LAST DESCRIBED L1NE FOR 26 FEET TO A potNT; THENCE
RUN E~STEro~Y, PARA~L~L TO THE LINE CONNECTING THE CENTER POINTS
OF THE TWO AFOREMENTIONED kNCHORS, FOR 58 FEET TO THE POINT OF
BEGINNING; CONTAINING 1508 SQlmRE FEET (0.0346 AC.).
EXHIBIT "A"
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FEB-11 - , 92 TUE 15: 51 I D : f1RTHt.j CD/Pf< EDC
TEL NO:743-7684/852-8416
t:f451 P03
13540 N, FLORIDA AVE.
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f 'TE 203
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TAMPA, FL 33613 '813) 960-0002
I r;J I PATE
-:. ENGINEERING
- INC.
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April 1.. 1991
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Mr. kandy Ludacer
Monroe County Attorney
310 Fleming Straet
Key West, Florida 33040
Ra: Key West Tower
Slgsbee Site
Our Job '90-195
Dear Sir:
Pate Engineering has investigated the 160 foot self supporting
tower At the S1gsbee site. We have 'checked this tower against
the original design criteria of 50 PSF (112 MPH) per ErA 222-C
for the following antenna loading:
Elevation ( Ft. ) Antenna Transm1ssion Lines
160 Three Bogner B8VF one 1-5/8t1 ea.
155 Five Mark P6A726 one 7/8" ea.
140 Two D8292-2 1-5/8lt ea.
140 One ARG10 1-5/8"
1<35 One OB292-2 1-5/8"
130 One 8 Ft. Solid Dish I-518ft
115 One 08860 1-5/8"
115- One ARGIO 1-5/8"
110 One OB860 7/8"
90 One 8 Ft. Solid Dish 1-5/811
90 One D2860 7/8"
We have assumed the structure is in good shape and not degraded
by rust, dama9~, missing bolts, etc. We have also ftssumed that
the transmission lines are equally distributed to all three faces
of the tower.
We find that this tower will support the proposed and existing
antennas as outlined above.
Under this criteria this structur~ h~~ a factor of safety of 1.5.
This means that failure would be ~t. about 135 MPH.
" FEB-ll-' 92 TUE 15: 51 I D : r'lRTHI'~ CD/PK EO(::
TEL Hi]:743-7684/852-8416
tt451 P04
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Re: Key Weat (Sigsbee) Site
We do recommend that the foundation reinforcing shown on our
drawing No. KW-l dated 3125/91 for our Job 190-244 be done if
thi8 tower is used.
If you have any questions regarding this aubject, please let US
know.
Respectfully,
Pate Enqi~i~nc.._
By: ~,. _
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1/1~ I
Leroy L. Pate, P.E.
Copy to: Mr. Tom Brooks
Division of Communications
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