03/13/1991 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33060
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 83040
TEL. (306) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (306) 862.9263
M~MQ!!.~~DUM
To:
Reggie Paros,
Division Director/Public Safety
From:
Rosalie L. Connolly, Deputy Clerk
Date:
April 10, 1991
On March l3, 1991, the Board of County Commissioners
approved and authorized execution of a License Agreement
with the Division of Communications of the Department of
General Services regarding the communications tower located
at Sigsbee.
Attached is one duplicate original and one Xerox copy of the
Agreement. The duplicate original (sealed copy) should be
sent to DGS and the Xerox copy should be retained in your
own proper departmental records.
Rosalie L. onnolly
Deputy Clerk
Attachments
cc: County Attorney
County Administrator
Finance Director
File
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LICENSE AGREEMENT--MONROE COUNTY
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AND DEPARTMENT OF GENERAL SERVICES
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WHEREAS, the County of Monroe (County) is the Owner of
~~reinafter described personal property (a communications tower)
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located on Sigsbee Park, Key West, Monroe County, Florida; and
WHEREAS, the Division of Communications of the Department
of General Services (DGS)
is responsible for the design,
engineering , acquisition and implementation of a statewide law
enforcement radio communications system (radio system); and
WHEREAS, both the County and DGS are desirous of
facilitating the implementation of the radio system by placing
certain antennae on the above-referenced property; and
WHEREAS, utilization of the tower for the intended
purposes will require a license to DGS:
WHEREAS, DGS represents that placement and operation of
DGS 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; and
WHEREAS, utilization of space on the tower by DGS serves
a public purpose;
NOW THEREFORE, in consideration of the mutual benefits,
and for good and valuable consideration acknowledged hereto by the
parties, and one dollar ($1.00) paid by the DGS to the County, it
is mutually agreed as follows:
1. DESCRIPTION
DGS may use the tower space on Sigsbee Tower as
described in Exhibit A hereto.
2. MAINTENANCE AND REPAIRS. DGS will maintain and
repair its equipment installed on the tower.
3. PERMITS. It will be the responsibility of DGS to
obtain any permits necessary for installation and operation of its
equipment on the tower.
4. INTERFERENCE. DGS 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 DGS
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 to the land on which the
equipment is located, provided such access is made in such a manner
as to create the least practical interference with others'
operations.
6. UTILITIES. DGS shall be responsible for the
acquisition of its own utilities at the site.
7. TERM. The term on the lease shall be concurrent
with the term of the easement for the underlying real property
between the County and the U. S. Navy.
8. ASSIGNMENT. This license and the rights and
premises hereunder may not be transferred, assigned or sub-
licensed in whole or in part without written consent of the County.
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9. REMOVAL OF PROPERTY. Upon termination of this
license, whether at the expiration of any term or by earlier
cancellation as herein provided, DGS shall, within ninety days
thereafter, at its own cost and expense, remove or cause to be
removed its communications equipment and other structures
constructed on the licensed premises. Upon such removal, DGS 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. Removal of the equipment shelter will only be necessary
if specifically requested by the county.
10. EFFECTIVE DATE. This license shall become binding
and effective on the date the latter party executes same.
11. 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.
12. ALTERATIONS: DGS 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.
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15. 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.
16. MISCELLANEOUS: Nothing contained herein shall be
construed as creating any principal-agent relationship between the
Parties. 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 wi th 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.
17. 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.
Any changes must be in writing and signed by the Parties.
18. AVAILABILITY OF FUNDS: Notwithstanding any
provision herein to the contrary, this Agreement is subject to the
availability of funds appropriated by the Legislature of the State
of Florida.
19. 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.
20. SUCCESSORS: This Agreement shall bind the
successors and assigns of the Parties.
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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.
DEPARTMENT OF GENERAL SERVICES
BY:
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EXECUTIVE DIRECTOR
DATE:
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Approved as to form and
legality:
MONROE COUNTY
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BY: _ \
WILHELMINA HARVEY, MAYOR
ATTEST: DANNY L. XOLHAGE, Clerk
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COUNTY CLE . ,
DATE:
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By S<<\<ll-~
Attorneys Office
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~GALtDESCRIPTION
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'A PAReEL OF LAND AT SlGSBEE 1ARK, MONROE COUNTY, FLORIDA, BEING
DESCRIBED AS FOLtoWS: '
COMMENCE AT THE CENTER PO INrI' OF 'I'HE SOUTHEAST ANCHOR OF' THE
EXISTING STEEL TOWER AS SHOWN ON SPECIFIC PURPOSE SURVEY, DATED
10-17-90, PREPARED BY CROWDER'-MAHONEY, INC. (SURVEY ENTITLED
"DREDGERS KEY SITE SPECIFIC PORPOSE SURVEY"); THENCE RUN EASTERLY
ALONG THE PROJEC~rON OF A LINE CONNECTING TO THE CENTER POINTS OF
THE SOUTHWEST ANCHOR. AND THE SOUTHEAST ANCHOR FOR. 10 FEET TO A
POINT; THENCE RUN SOUTHERLY A~ RIGHT ANGLES TO THE LAST DESCRIBED
LINE FOR 3 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL OF LAND; THENCE CONTINUE SOUTHER~Y ALONG THE LAST DE-
SCRIBED LINE FOR 26 FEET TO A POIN1J THENCE RUN WESTERLY, PARAL-
LEL TO THE LINE CONNECTING Tijg CENT~R FOINTS OF THE TWO AFORESAI0
ANCHORS, FOR 58 FEET TO A, POUlT; THENCE RUN NORTHERLY AT RIGHT
ANGLES TO THE LAST DESCRIBED LINE FOR 26 FEET TO A POINT; THENCE
RUN EASTERLY, PARALLEL TO THt LINE CONNECTING THE CENTER POINTS
OF THE Tt10 AfOREMENTIONED I\NCHORS.. FOR 58 FEET TO THE POINT OF
BEGINNING; CONTAINING 150B SQUARE FEET (0.0346 AC.).
EXHIBIT "A"
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13540 N.. FLORIDA AVE. SUITE 203 TAMPA, FL 33613 (813) 960-0002
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PATE
ENGINEERING
INC.
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'.;:~ 3 1991
April 1, 1991
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Mr. Randy Ludacer
Monroe County Attorney
310 Fleming Street
Key West, Florida 33040
Re: Key West Tower
Sigsbee Site
Our Job #90-195
Dear Sir:
Pate Engineering has investigated the 160 foot self supporting
tower at the Sigsbee site. We have checked this tower against
the original design criteria of 50 PSF (112 MPH) per EIA 222-C
for the following antenna loading:
Elevation ( Ft . ) Antenna Transmission Lines
160 Three Bogner B8VF one 1-5/8" ea.
155 Five Mark P6A726 one 7/8" ea.
140 Two DB292-2 1-5/8" ea.
146 One ARG10 1-5/8"
1.J5 One DB292-2 1-5/8"
130 One 8 Ft. Solid Dish 1-5/8"
115 One DB860 1-5/8"
115- One ARGIO 1-5/8 ;.
110 One DB860 7/8"
90 One 8 Ft. Solid Dish 1-5/8"
90 One DB860 7/8"
We have assumed the structure is in good shape and not degraded
by rust, damage, missing bolts, etc. We have also assumed that
the transmission lines are equally distributed to all three faces
of the tower.
We find that this t.ower will support the proposed and existing
antennas as outlined above.
Under this criteria this structure ha~ a factor of safety of 1.5.
This means that failure would be at about 135 MPH.
Re: Key West (Sigsbee) Site
We do recommend that the foundation reinforcing shown on our
drawing No. KW-1 dated 3/25/91 for our Job #90-244 be done if
this tower is used.
If you have any questions regarding this subject, please let us
know.
Respectfully,
Pate ~i~nc.~
By: ~.
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Leroy L. Pate, P.E.
Copy to: Mr. Tom Brooks
Division of Communications
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