09/19/1996 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
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 HlCHWA Y
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO:
Reggie Paros, Director
Public Safety Division
FROM:
Isabel C. DeSantis,
Deputy Clerk .9.,-. e.
DATE:
October 4, 1996
At the September 19, 1996 meeting, the Board granted approval and authorized execution of a Lease
Agreement between Monroe County and the United States Coast Guard for use of the tower at the No.{1h
Key Largo Translator Sikl, commencing October 1, 1996 and continuing through September 30,2001.
Attached hereto is a duplicate original of the subject Lease for return to the Government.
Should you have any questions concerning the above, please do no hesitate to call.
cc:
County Attorney
Finanice Director
County Administrator, wlo doc.
./'File
Lease No. DTCG82-97-L-738001
LEASE AGREEMENT
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THIS AGREEMENT, made and entered into by and between ~roe'n
County, Florida, herein called the County and the United State/'l ofC:)
America, acting through the United States Coast Guard, herein di~led:::U
--:)
the Government; .-::-, :~~l
WHEREAS, the County owns a television translator tower, in '1lIPrthn
Key Largo at Section 10, Township 60, Range 40, on countY-<.Roadg
C-905, coordinates 25-14-7.0 Nand 80-19-35 W, hereinafter referred td~
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 lease 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:
ACCOUNTING DATA CHARGEABLE: 2/3/701/132/30/0/38/75190/2321
This Lease supercedes Lease No. DTCG82-93-L-738014
1. DESCRIPTION. The Government may use the tower space on North Key
Largo 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
with other user's current and future planned operations.
shall coordinate physical arrangements among the parties.
shall have the final authority as to such arrangements.
interference
The County
The County
5. ACCESS. The authorized employees and agents of the Government
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. ~
6. UTILITIES. The Government p~all 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, commencing on October 1, 1996 and continuing through September
30, 2001, at the mutually agreed annual fixed rental rate of $1.00.
Either party may terminate the lease by giving at least thirty (30)
days notice in writing. The address to be used for the Government is:
Commanding Officer
USCG Civil Engineering Unit Miami
15609 S.W. 117th Avenue, Suite A
Miami, FL 33177
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 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 lease shall become binding and effective on
the date the latter party executes same.
11. HOLD HARMLESS. The Government, in the manner and to the extent
provided by the Federal Tort Claims Act, as amended (28 U.S.C.
Sections 2671-2680) shall be liable for, and shall hold the County
harmless from, claims for damage or loss of property, personal injury
or death caused by the acts or omissions of the government, its
officers, employees and agents in the use of the granted premises.
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 lease 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 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. REPLACEMENT OF EXISTING TOWER. Monroe County has entered into an
agreement with PCS primeco to replace the translator tower and
communications equipment shelter at the North Key Largo site. It will
be the responsibility of the Government to move their antennas,
hardline and equipment to the new tower. The equipment in the
existing government shelter shall be moved to the new communications
equipment building, and the portable government shelter removed.
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.
18. AVAILABILITY OF FUNDS. Notwithstanding any provision herein to
the contrary, this Agreement is subject to the availability of funds.
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.
of the Parties.
This Agreement shall bind the successors and assigns
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.
THE UNDERSIGNED employee of the Government hereby attests that
said employee has the authority to enter into this Lease on the behalf
of the United States Government, acting by and through the United
States Coast Guard. The undersigned has no interest, direct or
indirect, in the property contained in this Lease. The undersigned
executes this Lease in compliance with all known statutes,
regulations, Executi ve Orders, management and budget circular,
Commandment Instructions and the Department of Transportation policies.
UNITED STATES OF AMERICA
By,f2~",,4r
REAL ESTAT SPECIALIST
DATE: _~. ~ /716
MONROE COUNTY
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BY: cS
, MAYOR
o q . 19- 9"
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
BY ~ Ltlc. ~x1~
DEPUTY CLERK"
EXHIBIT A
Page 1 of 5
E X H I BIT A
1. One (1) Celwave Model PD-340, 6 DB, four element folded
dipole, omni antenna shall be located on the east leg of the tower
between the heights of 260 feet and 280 +/ - feet above average
terrain. Connecting transmission line cable type shall be heliax
(7/8") .
2. One hundred (100) net usable square feet of land adjacent to power
pole and near the southeast corner of the tower security fence shall
be provided for the installation of an all-weather fiberglass
equipment hut. Details of the prefabricated building and desired
layout are enclosed as Pages 2 through 5 of this Exhibit.
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EXHIBIT A
Page 2 of 5
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EXHIBIT A
Page 3 of 5
VERTEX PLASTICS, INC.
F' ':l ElOl( 456 · I(EARNEV. MISSOURI 64060
DESCRIPrION
EQUIfl\1ENT BUILDING MODEL fl-45
G~ru1AL
Thls,codel has the same basic construction and appearance of all Vertex
b'J.ildings.
i-'ALLS AIID ROOF
Fibergl~ss exterior shell . fiberglass interior shell . foamed-in-place
urethane core . 21" wall thickness . 21" roof thickness . gel coat
wo~ded-in color finish both interior and exterior
r.i.-GOR
.Sand....ich panel floor. 3" overall thickness . vinyl asbestos tile . 1-1/8"
rlywood upper face. riffid plastic foam insulating core. wood blocking .
:iberLlass-coated plywood lower face . 4" steel channel beam/skid assembly
with bolt-on steel lifting plates for handling
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~ construction same as dome . 21" overall thickness . 3 hinges . door
f~lls inside and outside . padlockinB wedge levers with inside release handles .
continuous rubber seal
QACHHEllT BLOCKING
~nse blocking fiberglassed to backside of inside fiberglass shell at molded-
r"n recesses continuous up walls and across ceiling for the at1:achment of
hea~J accessory items
DINEHSIO!~S AJID W"EIG~
~terior width:
~terior lenath:
2xterior height:
?loor to ceiling:
.Door opening:
Ar~r')x. weight:
4'-0"
5'-0"
8'-6"
7'-9"
2'-5" x 6'-2" (standard, other sizes available)
800 lbs.
l;'::SIGi4 LOADIHGS
floor:
"!alls:
Roof:
200 psf
150 mph wind
70 psf
i-3A1' TRAllSHISSION
U-mctor:
0.07 BTU/hr.sf.F
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EXHIBIT A
Page 4 of 5
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VERTEX PLASTiCS, INC.
Fiberglass extetior shell . fiber.
glass interior shell . foamed.in.
place urethane core . 2~4" overall
wall thickness. 21:1" overall roof
thickness . gel coat molded.in
color finish both interior and
exterior.
Dense blocking fiberglassed
t:> tackside of inside fiber.
glass shell at molded.in
r'?':esses continuous up
...a'ls and across ceiling for
the allachment of heavy
2ccessory items.
Door construction same as
dome . 2t4" o.erall thick.
ress . 3 hinges . door
~:..:IIS inside and outside.
Rc;bt:er Door Seal.
4" steel channel beam/skid
assembly with bolt.on steel
fiftirg plates for handling.
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kearne" Missoud 64060
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Sandwich panel floor . 3" overall
thickness . vinyl asbestos tile
· 1 ~~.. plywood upper face. rigid
plastic foam core . wood block.
ing . fiberglass-coated plywood
lower face.
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Padlocking wedge Ie-ers
with inside release handles.
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EXHIBIT A
Page 5 of 5
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