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BRANCH OFFICE CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL. (305) 289-W27 KEY WEST, FLORIDA 33040
FAX (305) 289-1745 TEL. (305) 292-3550
FAX (305) 295-3660
MEMORANDUM
TO: Reggie Paros
Director of Public Safety
FROM: Ruth Ann Jantzen�
Deputy Clerk
DATE: October 17, 1995
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
At the September 21, 1995 County Commission Meeting, the Board granted
approval and authorized execution of a Lease Agreement between Monroe County and
BellSouth Mobility, Inc., concerning communications tower and facilities at Plantation
Key Government Center.
Enclosed please rind a fully executed duplicate original of the above contract for
return to BellSouth Mobility, Inc.
If you have any questions regarding the above, please do not hesitate to contact
this office.
Enclosure
cc: County Attorney
Finance
County Administrator, w/o document
File
fTvR
LEASE AGREEMENT
BETWEEN
MONROE COUNTY, FLORIDA
and
BELLSOUTH MOBILITY INC
This Agreement i~ made and entered into by MONROE COUNTY,
FLORIDA, whose address is 500 Whitehead Street, Key West, Florida
33040 hereinafter designated "COUNTY" and BELLSOUTH MOBILITY INC,
whose address is 5201 Congress Avenue, Boca Raton, Florida 33487,
hereinafter designated "TENANT".
RECITALS:
Whereas, COUNTY is the owner of certain real property located
at 88820 Overseas Highway, Tavernier, Florida 33070, in the City
of Tavernier, Monroe County, State of Florida (hereinafter referred
to as "COUNTY'S Property"); and
Whereas, COUNTY currently has an existing 200' guyed
communications tower (hereinafter referred to as "Existing Tower")
and existing communications equipment building (hereinafter
referred to as the "Existing Equipment Building") both of which are
located and erected on a portion of COUNTY's Property; and
Whereas, COUNTY has mounted upon its Existing Tower various
telecommunications antennas; and
Whereas, pursuant to this Agreement the Existing Tower
structure and the existing unmanned communications equipment
shelter shall be dismantled and entirely replaced by TENANT, said
replacement tower is hereinafter referred to as the "Tower", and
said replacement shelter is hereinafter referred to as the
"Building", as is more specifically described in and as
substantially shown on Exhibit "A" (a/k/a P-1 architectural drawing
prepared by Slater Paull and Associates) attached hereto and made
a part hereof; and
Whereas, the Tower and Building will be located and erected on
COUNTY's Property at approximately 15' from the same location as
the Existing Tower; and
Whereas, TENANT desires to lease a designated portion of the
Building (hereinafter called "Building Space"), with a right of way
for access thereto, containing approximately 291 square feet and
certain positions on the Tower (hereinafter referred to as "Tower
Space" and collectively referred to as "Property"), as is more
specifically described in and as substantially shown on Exhibit "B"
(a/k/a P-2 architectural drawing prepared by Slater Paull and
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Associates) attached hereto and made a part hereof, subject to the
terms and conditions set forth below;
NOW, THEREFORE, in consideration of a sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. The foregoing recitations are true and correct and are
hereby incorporated herein by reference.
2. REPLACEMENT OF EXISTING TOWER AND SHELTER. Both COUNTY
and TENANT acknowledge and agree the Tower, Building, and the
associated equipment, shall be located at approximately the same
location as the existing structures, or as substantially in this
location as may be required, as determined by TENANT in its
reasonable discretion, to accommodate both COUNTY and TENANT's
communication uses as specif ied herein. COUNTY hereby grants
TENANT the non-exclusive right for ingress and egress to COUNTY's
Property and parking area seven (7) days a week, twenty-four (24)
hours a day, for the installation of the Tower and Building, all at
TENANT's sole expense. In the event any public utility shall
require any utility easements COUNTY agrees to cooperate, in a
timely manner, with TENANT in TENANT's efforts to obtain utility
services to the Tower, at no cost to TENANT.
A. At no cost to the COUNTY, TENANT shall dismantle the
existing 200' guyed tower and construct a 300' self-supporting
lattice Tower, relocate and mount COUNTY's existing antennas onto
the Tower, demolish the existing equipment shelter and construct a
504 square foot unmanned concrete block building which will house
Tenant's and Lessor's equipment, and; reroute the existing antenna
cables from the existing equipment shelter to the replacement
Tower. COUNTY's existing communications equipment shall be
relocated into the new equipment shelter. A security fence
consisting of chain link construction or similar but comparable
construction may at the option of TENANT be placed around the
perimeter of the Tower and Building (not including the access
easement). TENANT shall be responsible for the cost of the new
shelter and such relocation. Pursuant to the attached Exhibit
"C", COUNTY has provided TENANT with an exact description of all
antennas, equipment and heights required for the installation for
current and future communication needs by COUNTY. The cost of the
antennas, communications equipment and the maintenance thereof
shall be COUNTY's expense and responsibility. Except as provided
above, the installation of COUNTY's antenna needs (as shown on
Exhibit"C") are to be performed by TENANT, at TENANT's expense.
TENANT shall commence dismantling the existing 200' guyed tower
(the "Dismantled Tower") after obtaining a certificate of use and
occupancy from COUNTY for TENANT's facilities on the Tower Space.
The Dismantled Tower will be left on site for COUNTY's disposition.
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COUNTY and TENANT agree that the Dismantled Tower may not be
reusable due to its current condition. TENANT shall not be
responsible for any damages to the Dismantled Tower as a result of
TENANT's dismantling thereof. Dismantling of the Dismantled Tower
shall be completed wi thin sixty (60) days of commencement of
dismantling.
TENANT, at its sole cost and expense, shall be responsible
for:
(I) Removing, demolishing and/or dismantling an existing
storage facility building of approximately 625 square feet and a
gravel loading pit;
(2) Constructing a new 25' x 30' storage building and a
gravel loading pit consisting of a concrete pad and a three-sided
cbs wall structure; and
(3) Purchasing coaxial cables necessary for Monroe
County's communications facilities and installing antennas and
coaxial cables for Monroe County's communication facilities.
B. TENANT shall prepare, at its expense, all necessary
drawings, which COUNTY shall have the right to approve, in its sole
reasonable discretion, and COUNTY agrees to make and file all
required applications with the appropriate zoning authority and
attend all required hearings in order to secure the proper zoning
and/or site planning of the Tower, Building and the Property as may
be required for the use intended by COUNTY and TENANT. COUNTY
shall have been deemed to have approved the drawings if COUNTY has
not given written notice of its approval, disapproval or if COUNTY
has not delivered written objections to TENANT within ten (10)
business days of COUNTY's receipt of such drawings; TENANT will be
responsible for any filing fee expenses that may be associated with
the zoning and/or site plan procedure. In addition, TENANT shall
have the right to file any applications for certificates, permits
and other approvals that may be required by any federal, state or
local authorities. COUNTY agrees to cooperate, in a timely manner,
wi th TENANT in its efforts to obtain such approvals with the
appropriate authorities and to address in a timely matter any
written objections to the drawings. If parties cannot agree on the
method of addressing the objections, either party shall have the
right to terminate this Agreement.
C. It is understood and agreed that TENANT's
obligations hereunder and its lease of the Property are contingent
upon TENANT obtaining, after the execution date of this Agreement,
all of the certification, permits and other approvals that may be
required by any federal, state or local authorities for the
construction of the Tower and are further contingent upon TENANT
not exercising its right of termination pursuant to paragraph 9,
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herein. COUNTY shall cooperate with TENANT in its effort to obtain
such approvals and shall take no action which would adversely
affect the status of COUNTY's Property with respect to the proposed
use thereof by TENANT.
D. COUNTY shall permit TENANT free ingress and egress
to COUNTY's Property to conduct such surveys, structural strength
analysis, radio propagation tests and other activities of similar
nature, as TENANT may deem necessary, at the sole cost of TENANT,
provided TENANT repairs any damage and said acti vi ties do not
permanently damage COUNTY's Property, In addition, TENANT is
hereby granted the right to enter upon COUNTY's Property for the
purposes of a) making subsoil tests in the form of test borings and
test pits of reasonable size and in required locations, and; b)
satisfying itself that there is not present on the property or in
any improvements thereto any environmental hazardous material.
COUNTY shall provide and make available to TENANT, within ten (ID)
days of the effective date of this Agreement, copies of any and all
past environmental audits, including but not limited to, soil and
ground water reports and asbestos material surveys applicable to
the property. COUNTY shall advise TENANT in writing, to the best
of the COUNTY's knowledge, if the property or any adjacent property
has ever been used in the past for a gasoline station, dry cleaner,
photo development, or any other type of business normally using
various types of hazardous materials.
E. TENANT, at its sole cost and expense, shall cause
the approved Tower and Building work to be done and completed in a
good, substantial and workmanlike manner, and in compliance with
all legal requirements. TENANT shall be solely responsible for
construction means, methods, techniques, sequences and procedures,
and for coordinating all activities related to the work. COUNTY
shall have no duty or obligation to inspect the work, but shall
have the absolute right to do so and shall have the right to
determine, in its sole reasonable discretion and at its expense,
that the construction has been performed in accordance with the
approved drawings and has been performed in the manner required by
this section.
F. After the completion of the Tower and Building,
ownership of the Tower and Building shall be transferred to COUNTY
by such instrument of conveyance as acceptable by the County
Attorney. The rental payments as provided herein shall be
applicable to the Property, a portion of which shall include the
Leased Property and the Tower Space.
3. THE LEASE. COUNTY hereby leases to TENANT a portion of
COUNTY's Property (the leased property) containing approximately
291 square feet of that certain Building for the installation of
telecommunications equipment (the Building Space) and certain
positions on the Tower (the Tower Space) to the extent necessary to
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enable TENANT to erect, maintain and operate certain cellular
antennas as a part of its communications system. Said Property is
located at 88820 Overseas Highway, Tavernier, County of Monroe,
State of Florida, and the Tower and Building are described on
Exhibit "A" (a/k/a P-1 architectural drawing prepared by Slater
Paull and Associates) attached hereto and made a part hereof.
COUNTY shall provide TENANT with a 24 hour, 7 days per week access
for operation and maintenance purposes onto the Property together
with a non-exclusive right for ingress and egress, seven (7) days
a week, twenty-four (24) hours a day, on foot or motor vehicle,
including trucks, for the installation and maintenance of utility
wires, cables, conduits and pipes over, under or along a twenty-
four foot (24') wide right of way extending from the nearest public
right of way, U. S. Highway #1, to the Property, COUNTY shall
cooperate with TENANT in its effort to obtain utility services
along said right of way by signing such documents or easements as
may be required by said utility companies. In the event any public
utility is unable to use the aforementioned right of way the COUNTY
hereby agrees to grant an additional right of way either to the
TENANT or to the public utility at no cost to the TENANT. Said
Property is to be used for the installation, maintenance, and
operation, all at TENANT's sole expense, of the following cellular
telephone equipment and associated antennas:
A. Cellular antenna system and associated equipment
consisting of 5 antennas which are to be mounted on the Tower. The
antenna systems will be mounted in the 300 to 290 foot range on the
Tower. In addition, it is acknowledged and agreed by both COUNTY
and TENANT that the Tower has been designed by TENANT to
accommodate present installation of ~ microwave dishes at the 120
foot level to 160 foot elevation. Further, it is hereby
acknowledged and agreed that TENANT has reserved the necessary
Tower space and Tower capacity for this purpose and COUNTY
acknowledges that TENANT may mount this microwave dish at no
additional rental charge.
B. A 291 square foot (27'4" x 10'8") portion of the
Building, TENANT shall furnish to its Building Space electric
service for the operation of TENANT's telecommunications equipment.
TENANT shall be solely liable for electricity expenses relating to
its installation and equipment. TENANT's electrical service shall
be separately metered and TENANT shall be responsible for all costs
associated with metering, including the cost of installing the
meter.
C. Flexible coaxial transmission lines between the
Tower and/or the radio equipment located in the Building Space.
TENANT will provide all mounting hardware necessary for its
installation. Flexible coaxial transmission line shall be run
between the various antennas and the radio equipment building
located on the Leased Premises referred to in 3A and 3B above.
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D. TENANT agrees to install radio equipment of a type
and frequency which will not cause interference with COUNTY's
existing antennas or equipment on the Tower at the time of such
installation. In the event TENANT's equipment causes interference,
TENANT will take all steps necessary to correct and eliminate such
interference at its sole cost. COUNTY agrees to install radio
equipment at frequencies assigned by the Federal Communications
Commission or at such other frequencies which will not cause
interference with TENANT's antennas or equipment. In the event
COUNTY's equipment causes interference, COUNTY will take all steps
necessary to correct and eliminate such interferences at its sole
cost. COUNTY agrees not to allow any future tenant's use of the
tower or addition and/or modification to any future tenant's use of
the tower to cause interference with or cause the improper
operation of TENANT's equipment. COUNTY shall have the right to
place additional parties on the Tower with the prior written
consent of TENANT. Said consent shall be denied if at TENANT's
reasonable discretion the proposed use is a cellular communications
use or if the proposed user is a competitor of TENANT in the
communicat'ions industry.
E. COUNTY does hereby agree and grant TENANT the option
to locate in the future additional cellular antennas or microwave
dishes for the purpose of cellular communications on the Tower and
the ability to modify or relocate its above described antennas on
the Tower, provided TENANT 1) notifies COUNTY of such scheduled
modification or addition; 2) TENANT's antennas do not conflict with
COUNTY's antennas and equipment identified in the attached Exhibit
C; and 3) the structural capacity of the Tower, whether existing or
modified by TENANT, is sufficient based on standard and accepted
engineering practices. If structural capacity is not available and
COUNTY agrees to remove its existing antennas or equipment to
accommodate TENANT's future needs, COUNTY and TENANT, shall
negotiate a mutually acceptable rental rate for the additional
equipment placed on the Tower.
F. In the event interference is encountered by either
party, both COUNTY and TENANT agree to exercise their best efforts
to properly and diligently resolve such problems after notice of
any such interference. COUNTY agrees not to modify any current use
or allow any future use of the Tower that may cause interference
with or cause the improper operation of TENANT's equipment.
4. COUNTY also hereby grants to TENANT the right to survey
said Property, and the legal description of the leased parcel on
said survey shall then become Exhibit "0", which shall be attached
hereto and made a part hereof. To the extent Exhibit "0" contains
minor discrepancies from Exhibit "A", Exhibit "0" shall control.
COUNTY grants to TENANT the right to take measurements, setbacks,
uses, or other information as deemed by TENANT to be relevant and
pertinent, as such information relates to COUNTY's real property,
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leased or otherwise abutting or surrounding the Property. Cost for
such survey work shall be borne by the TENANT.
5. This Agreement shall be for an initial term of ten (10)
years beginning on the date TENANT places its cellular equipment in
service at the Property. In consideration of TENANT constructing
a 300 foot self-supporting communications tower and equipment
building, at no expense to COUNTY, and permitting COUNTY to utilize
the Tower and Building, at no expense, the COUNTY shall be paid for
this initial ten year term an annual rental of One and No/I00
Dollars ($1.00). The entire rental amount for the initial ten year
term shall be paid to COUNTY in one lump sum within 30 days of the
commencement of this initial term.
6. TENANT shall have the option to extend this Lease upon
the same covenants, terms and conditions for three (3) additional
five (5) year terms, and such extensions shall automatically occur
unless TENANT gives COUNTY written notice of its intention not to
extend this Lease Agreement at least six (6) months prior to the
end of the current term.
7. If at the end of the third (3rd) five (5) year extension
term this Agreement has not been terminated by either party by
giving to the other written notice of an intention to terminate it
at least six (6) months prior to the end of such term, this
Agreement shall continue in force upon the same covenants, terms
and conditions for a further term of one (1) year, and for annual
terms thereafter until terminated by either party by giving to the
other written notice of its intention to so terminate at least six
(6) months prior to the end of such term.
8. TENANT shall use the Property for the purpose of
constructing, maintaining and operating a Communications Facility
and uses incidental thereto, consisting of a building or buildings
as necessary now or in the future to shelter communications
equipment and all necessary connecting appurtenances. TENANT may
at its discretion modify its antennas or interior Building Space.
All of TENANT's improvements shall be at its expense. COUNTY
grants TENANT the right to use adjoining and adjacent land as is
reasonably required during construction and installation of the
Tower and Building and the construction, installation, maintenance,
and operation of the Communications Facility. TENANT will maintain
the Property in a reasonable condition. It is understood and
agreed that TENANT's ability to use the Property is contingent upon
its obtaining, after the execution date of this Agreement, all of
the certificates, permits and other approvals that may be required
by any federal, state or local authorities and the approval of
final construction drawings for the erection of the Tower and
Building by COUNTY. COUNTY shall cooperate with TENANT in its
effort to obtain such approvals and shall take no action which
would adversely affect the status of the Property with respect to
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the proposed use thereof by TENANT. COUNTY agrees to s'ign such
papers as required to file applications with the appropriate zoning
authority and/or commission for the proper zoning of the Property
as required for the use intended by TENANT. TENANT will perform
all other acts and bear expenses associated with the reasonable
procedure. In the event that any of such applications should be
finally rejected or radio frequency tests are found to be
unsatisfactory or any certificate, permit, license or approval
issued to TENANT is canceled, expires, lapses or is otherwise
withdrawn or terminated by governmental authority or soil boring
tests or radio frequency propagation tests are found to be
unsatisfactory so that TENANT, in its sole discretion, will be
unable to use the Tower Space or Building Space for its intended
purposes, TENANT shall have the right to terminate this Agreement.
Notice of the TENANT's exercise of its right to terminate shall be
gi ven to COUNTY in writing by certified mail return receipt
requested, and shall be effective upon receipt of such notice by
the COUNTY as evidenced by the return receipt. All rentals paid to
said termination date shall be retained by the COUNTY. Upon such
termination, this Agreement shall become null and void and all the
parties shall have no further obligations, including the payment of
money, to each other.
9. COUNTY acknowledges that it is aware of its obligations
under Section 303 of the Communications Act of 1934 (47 U.S.C. 303)
to maintain the painting and illumination of the tower as
prescribed by the Federal Communications Commission ("FCC").
COUNTY further acknowledges that it is aware that it is subject to
forfeitures assessed by the FCC for violations of such rules and
requirements. COUNTY further acknowledges that it, and not the
TENANT, shall be responsible for compliance with all tower and
building marking and lighting requirements which may be required by
the Federal Aviation Administration ("FAA") or the FCC, but allows
TENANT the right to monitor the tower lighting system on the
Premises, provided that TENANT agrees that it will construct the
Tower in a manner that will result in such compliance at the time
of completion. To the extent permitted by law COUNTY shall
indemnify and hold harmless TENANT from any fines or other
liabilities caused by COUNTY's failure to comply with the
requirements of the FAA or FCC. Further, should TENANT be cited by
either the FCC or FAA because this site is not in compliance within
the time frame allowed by the citing agency, TENANT may terminate
this lease immediately upon notice to COUNTY, or in its sole
discretion, take the steps necessary to comply with either the FCC
or FAA and TENANT may forward to the COUNTY any debts incurred by
TENANT in complying with the regulatory agencies' requirements.
TENANT reserves the right to monitor the tower lighting system
on the Tower.
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10. TENANT shall indemnify and hold COUNTY harmless against
any claims of liability or loss from personal injury or property
damage resulting from or arising out of the use and occupancy of
the Property by the TENANT, its servants or agents, excepting,
however, such claims or damages as may be due to or caused by the
acts of the COUNTY, or its servants or agents.
11. COUNTY agrees that TENANT may self-insure against any
loss or damage which could be covered by a commercial general
public liability insurance policy.
12. TENANT, upon termination of this Agreement, shall, within
ninety (90) day period, remove its personal property and fixtures
and restore the Property to its original condition, reasonable wear
and tear excepted. I f such time for removal causes TENANT to
remain on the Property after the termination of this Agreement,
TENANT shall pay a reasonable rent at a monthly rate or on a
monthly pro-rata basis if based upon a longer payment term, until
such time as the removal of personal property and fixtures are
completed.
13. Should the COUNTY, at any time during the term of this
Agreement, decide to sell all or any part of COUNTY's property
herein leased to TENANT, the Tower and Building, or the property
upon which COUNTY's Tower and Building are situated to a purchaser
other than TENANT, such sale shall be under and subject to this
Lease Agreement and TENANT's rights hereunder. Any sale by the
COUNTY of the portion of Property underlying the right of way
herein granted shall be under and subject to the right of the
TENANT in and to such right of way. COUNTY agrees not to sell,
lease or use any other areas of the parcel or lease or sell space
on the Tower for placement of other cellular communications
facilities, TENANT's direct competitors or any other installations
that if, in TENANT's reasonable judgment it would interfere with
TENANT's facilities.
14. COUNTY covenants that TENANT, on paying the rent and
performing the covenants shall peaceably and quietly have, hold and
enjoy the Leased Property.
15. COUNTY covenants that COUNTY is seized
sufficient title and interest to the Property
authority to enter into and execute this Agreement.
covenants that there are no other liens, judgments
of title on the Property.
of good and
and has full
COUNTY further
or impediments
16. It is agreed and understood that this Agreement contains
all agreements, promises and understandings between the COUNTY and
TENANT and that no verbal or oral agreements, promises or
understandings shall be binding upon either the COUNTY or TENANT in
any dispute, controversy or proceeding at law, and any addition,
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variation or modification to this Agreement shall be void and
ineffective unless made in writing signed by the parties.
17. This Agreement is governed by the laws of the State of
Florida. Venue for any litigation arising under this Agreement
must be in Monroe County, Florida.
18. TENANT may wi thin the initial term of this Agreement
sublease, assign or trans fer its rights hereunder at any time
provided TENANT notifies COUNTY in writing by certified mail of
such transaction. Subsequent to the initial ten (10) year term
this Lease may not be sold, subleased, assigned or transferred at
any time, except to TENANT's principal, affiliates or subsidiaries
of its principal or to any company upon which TENANT is merged or
consolidated. As to other parties, this Lease may not be sold,
assigned or transferred without the written consent of the COUNTY,
such consent not to be unreasonably withheld. TENANT may sublease
this Lease upon notice to COUNTY.
19. It is the intent of both COUNTY and TENANT that the
designed Tower capacity and Tower loading be reserved to
accommodate the antennas and equipment of both the COUNTY and the
TENANT, and both agree to cooperate in good faith to reserve,
protect and carry out such intent.
A. In the event that the COUNTY determines to lease or
provide tower space to parties other than TENANT, COUNTY may, with
prior written consent of TENANT, which consent shall not be
unreasonably withheld, modify its proposed antennas and related
equipment as identified in Exhibit "c" and reduce the Tower loading
and Tower capacity accordingly to permit such interested parties on
the Tower, all at the COUNTY's sole expense. Any necessary Tower
studies shall be conducted at COUNTY's expense. Notwithstanding
the foregoing, COUNTY agrees that if such other users, or if their
antennas or related equipment should result in interference of any
nature; or the reduction of either COUNTY's or TENANT's
transmission signal; or impede TENANT's future use or installation
plans for the Tower, then the other interested parties antennas or
equipment will not be permitted on the Tower.
B. COUNTY agrees to conduct and pay for the cost of all
necessary Tower studies determining feasibility of Tower loading
due to COUNTY's antenna(s) future modifications and provide TENANT
with a copy of such study. Should Tower capacity be available to
COUNTY (as specified above) and Tower modification is required,
COUNTY shall cause the Tower work to be done and completed in a
good, substantial and workmanlike manner, in compliance with all
legal requirements and the cost of all such modifications shall be
borne by COUNTY. TENANT shall have the right to conduct a Tower
inspection upon completion of COUNTY's modifications to insure work
compliance. Should Tower inspection identify nonconforming work,
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COUNTY shall correct such nonconforming work. Cost of the
aforementioned Tower inspections and work corrections shall be at
the sole cost and expense of COUNTY.
20. All notices hereunder must be in writing and shall be
deemed validly given if sent by certified mail, return receipt
requested, addressed as follows (or any other address that the
party to be notified may have designated to the sender by like
notice) :
TENANT:
BellSouth Mobility Inc
5201 Congress Avenue
Boca Raton, Florida 33487
Attn: Real Estate Division
COUNTY:
G. Norm Leggett
Communication Systems/Program Director
Department of Emergency Communication
10600 Aviation Boulevard
Marathon, Florida 33050
With a copy to:
Mark L. Willis, Esq.
General Counsel
Monroe County
530 Whitehead Street
Key West, Florida 33040
21.
personal
hereto.
This Agreement
representatives,
shall extend to and bind the heirs,
successors and assigns of the parties
22. At COUNTY's option, this Lease shall be subordinate to
any mortgage by COUNTY which from time to time may encumber all or
part of the Property or right of way; provided, however, every such
mortgage shall recognize the validity of the Agreement in the event
of a foreclosure of the COUNTY's interest and also TENANT's right
to remain in occupancy of and have access to the Property as long
as TENANT is not in default of this Agreement. TENANT shall
execute whatever instruments may reasonably be required to evidence
this subordination clause. In the event the leased Property is
encumbered by a mortgage, the COUNTY, no later than then (10) days
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after this lease is exercised, shall have obtained and furnished to
TENANT a Non-Disturbance instrument in recordable form for each
such mortgage.
23. If the whole of the leased premises or such portion
thereof as will make the premises unusable for the purpose herein
leased, are condemned by any legally constituted authority for any
public use or purpose, then in either of said events the term
hereby granted shall cease from the time when possession thereof is
taken by public authorities, and rental shall be accounted for as
between the COUNTY and TENANT as of that date. Any lesser
condemnation shall in no way affect the respective rights and
obligations of the COUNTY and TENANT hereunder. Nothing in this
provision shall be construed to limit or affect TENANT's rights to
an award of compensation against any third party other than the
City of any eminent domain proceeding for the taking of TENANT's
leasehold interest hereunder.
24. TENANT, at TENANT's option and expense, may record this
Lease Agreement and obtain title insurance on the leased parcel and
parcel upon which the Tower and right of way are situated. COUNTY,
at COUNTY's expense, shall cooperate with TENANT's efforts to
obtain such title insurance policy by executing documents or,
obtaining requested documentation as required by the title
insurance company.
25. To the extent permitted by law, COUNTY shall be
responsible for the clean up of anyon-site hazardous waste and for
any damages, fines or penalties incurred because of the hazardous
waste. LESSOR hereby indemnifies and holds TENANT harmless from
any and all costs, expenses, actions, claims and damages to TENANT
as a result of any contamination on the Property existing prior to
this Agreement. TENANT will be responsible for any and all
damages, losses, and expenses and will indemnify COUNTY against and
from any discovery by any persons of such hazardous wastes
generated, stored, or disposed of solely as a result of TENANT's
equipment and uses of the aforementioned Property.
26. If the Tower should be totally or substantially destroyed
so that rebuilding the Tower "as is" would not be economically
feasible, as may be reasonably determined by COUNTY, TENANT may at
its sole discretion, terminate this Lease or rebuild the Tower, at
its expense pursuant to the terms of this Agreement. If TENANT
should elect to rebuild the Tower as provided for in this
paragraph, then in that case this Agreement shall re-commence at
that point in time as if this Agreement has just been approved by
the parties hereto.
27. COUNTY's Repairs. COUNTY will make at its expense all
necessary repairs and replacements, as well as alterations required
by any governmental authority having jurisdiction in and to the
-12-
Tower, unless the required repairs, replacements, or alterations
are solely required for TENANT's communication equipment located on
the Tower and if so, TENANT shall make, at its expense, all
necessary repairs, replacements and alterations as required.
A. COUNTY shall be responsible for the cost of any
required maintenance to said Tower and the exterior, roof and/or
structural part of the Building. Said maintenance is to be
performed by COUNTY, or its contractors, in a workmanlike manner
and all work is to be done in a manner consistent with TENANT's
high quality construction standard.
B. In order to protect the integrity of the Tower both
TENANT and COUNTY agree that any installation and/or maintenance
performed on the Tower shall be done in a workmanlike manner, and
all work is to be done in a manner consistent with TENANT's high
quality construction standard. Both COUNTY and TENANT agree to
provide the other with at least forty-eight (48) hours notice prior
to any installation and/or maintenance that will require access to
the Tower structure, unless an emergency shall exist in which case
notice shall be provided to the other at least twenty-four (24)
hours after access to the structure has occurred.
C. Should COUNTY fail to properly maintain the Tower or
Building in a reasonably safe condition, or if the COUNTY should be
cited by a governmental authority with jurisdiction over the Tower
or Building, including the FCC or FAA because the Tower or Building
is not in regulatory compliance and the defect is not cured within
the time frame allowed by the citing agency, TENANT, in its
reasonable discretion, may upon thirty (30) days notice to COUNTY
cure the defect at the COUNTY's expense.
28. TENANT's Repairs. TENANT shall maintain in a good state
of repair and 'in good operating condition the Building Space, its
antennas and transmitting and other equipment, all in accordance
with good engineering practices and applicable governmental rules
and regulations. In the event inspection, maintenance, or repairs
to TENANT's antennas and equipment are required, TENANT shall use
qualified technicians or contractor to make necessary ascents and
descents on to the Tower.
29. This Agreement shall be executed in three (3) counter-
parts, each of which shall be deemed an original, and such counter-
parts shall constitute but one and the same Agreement.
30. This Agreement will take effect upon the signature of the
last party to sign.
IN WITNESS WHEREOF, the parties hereto have set their hands
and affixed their respective seals.
-13-
COUNTY
Signed, sealed and delivered
in the presence of:
..
MONROE COUN~Y, F~A
BY:~~ ~
~f~~e: ~~~-~
Ad~; - _ 'r
COUNTY'S ACKNOWLEDGMENT
STATE OF FLORIDA )
'11/1. ,_ ) S S .
COUNTY OF ~y~~~ )
~ The foregoing wa
.I'jt~. , 1995 by
of Monroe County, Florida
Florida.
before me this ~ day of
as '
subdivision of he State of
1:1.:~~4(.)
N TARY P LIC Stat of Florida
My Commission Expires:
Print Name
@RUTHAN,NJANTZE,N1
Notcry 5T ATE OF FL~A
PubIc My Corrm F.xp ru.Nt ~~
Br:.'!'10ED .
r~
-14-
BELLSOUTH MOBILITY INC
Signed, sealed and delivered
in the presence of:
ATTEST:
~~ntJ2UTH MOBILITY INC
BYW .yL , ~
f Print Name
Title:
Address: 5 01 C ngr
Boca Raton, Florida
Print
BELLSOUTH MOBILITY INC'S ACKNOWLEDGMENT
STATE OF FLORIDA )
) SS.
COUNTY OF DADE )
(~~oregOing w s
~ ' 1995 by
of Be ISouth MobilI
corporation.
e this
as
on
{ff~
(j-LL/
behal f of the
My Commission Expires:
NOT PUBLIC, State of Florida
Print Name \ M- F/~ c~//liiYerh.J
v
, 'j,,?~ i~r:;
P"!"" -",- 17. J ,
No~ary "",' , :.,;.),.~. ~ ciat~l!l.
_''} com[,w:" !',,;,~'.;"L i:;;.1\"so
ionded t[..J 11''':~'''''~
-15-
UL. -25' 95.(TUE) 11: 14 8MI RE
TEL:407 995 3594
EXHIBIT C
July23,1995
RE: Cell Site "PTVR"
~I...ccisc Exhibit"
This information is conc.c:ming BeUSouth Mobility'& exhibit in the rcquestaf lease at Pbntation Key. We
are asking for an exhibit to show t}lXS and locations of BeUSouth Mobilicy's antennaS and the Monroe
County Communications ant.cnnas.. The information is below:
Type Wmdload Size Company Time and Height Qty
DB212-2 2.9 10' Monroe: Cty Pn:sc:nt 175' CL 1
D8292 1.5 7' Monroe O:y Present 170' a.. 2
DB268 7.3 43' Monroe Cry Present 260' CL I
DB420 3.4 18' Monroe Cty Pra;au, 240' CL 1
DBZ12-2 ,. , 5.8 22' Monroe Cty Present 210' CL J
DB304 22' Momoe Cty \ ' 1
4.9 : Present 230~:CL
DB224 3.2 22' MOlllW Cty 'Present 190',9- I
DB54bK 3_2 22' Monroe CI.y Present 275' base 1
DB616 3.61 18.6' Monroe Cty Present 280' base 1
I 5/&" runs Monroe Cty Present 2
7/8" runs Monroe Cty Present 7
BCR-12 7.6 20' Bel1South " Present 290' CL 5
Grid Mw 30 8' BellSourh Present 160' a... 1
Grid MW 18 6' Bell South ~ 120' a. 1
15fS" nms \ \\ BcllSouth Present 1
fOf'
... AdditiooaI antenna might be added at a later date. they are listed below :...'
DB212-4 5.8 21' Monroe Cty FaOJrc 1
DB304 5.9 22' . .Monroe Cty . Future 1
1 51'0 runs Monroe CtY FUture 1
Grid MW 30 8' BeU1Sou1h Future I
Grid MW 18 6' BclISouth ~ 1
1 5/8" runs BellSou1h Future 2
Both c:ompanies ~ sub&titute antennas with similar windloading. size, and type for future: noed6 of the
business.
, .
;;
'.
P. 001
'f'
Leiter & Associates, Inc.
MARTIN LEITER. P.(:.
GEORGE PEREZ. P.E.
STANLEYT. OLESIEWICZ. P.LS.
THOMAS R. PALBICKE, P.LS.
LAND DEVELOPMENT CONSULTANTS
ENVIRONMENTAL and CIVIL ENGINEERS
LAND PLANNERS and LAND SURVEYORS
SURVEYS
DESIGN
INSPECTION
PLANNING
S TUOIES
EXHIBIT 0
July 19, 1995
TO WHOM IT MAY CONCERN:
RE: Type 2-C Survey
FOR: BellSouth Mobility
5201 Congress Avenue
Boca Raton, Florida 33487
SITE: MIA-PTVR Cel! Site.
Located at: The Monroe County Governmental Center (branch office), site. is
approximately 200 feet Northwest of U.S. Highway ~o. I, arid 200 feet Northeast bfKey
Heights Drive, Monroe County, Plantation Key, Florida. '
File No. B-1342
CENTER OF SITE DATA:
NAD 1927 Datum
Latitude = 24058'44.7" N,
Longitude= 80033'03.6" W.
NAD 1983 Datum
Latitude = 24058'46.2'" N,
Longitude= 80033'02.8" W.
Elevation at Center of Site = +11.7 N~G,V.D,
,:,f" ::."
f
;
~
160 N,W, 176th STREET - SUITE 403 - MIAMI. FLORIDA 33169
PHONE: DADE (305) 652-5133, BROWARD (305) 524-2202 , FAX: DADE (305) 652-0411
,I
BELL SOUTH MOBILITY CELL SITE MIA-PTVR
LEGAL DESCRIPTION: (LEASE PARCEL)
A portion of Lots 4 and 5, in Block 4 of "KEY HEIGHTS SECTION 2", according
to the Plat thereof, recorded in Plat Book 3, Page 159, of the Public Records of
Monroe County, Florida, being more particularly described as follows:
COMMENCE at the Southwest Corner of said Lot 6, in said Block 4; thence
S.89052'33"E., along the South of said Block 4 (being the same as the Northerly
Right-of-Way line of KEY HEIGHTS DRIVE), for a distance of 10.00 feet; thence.:-
N.00007'2T'E., along the East line of the West:1 0 feet of said Lot 6, for a
distance of 108.68 feet; thence S.89052'33''E. for a distance of 184.51 feet to the
POINT of BEGINNING of the hereinafter described parcel of land; thence
S.89014'52"E. for a distance of 40.00 feet; thence S.67008'16"E. for a distance
of 39.22 feet; thence S.39036'26''W. for a distance of 67.47 feet; thence
N.50028'57"W. for a distance of 43.61 feet; thence N.00045'08"E. for a distance
of 40.00 feet to the POINT of BEGINNING.
, .
"
~
NOTE:
1,) See Boundary Survey under File No, B-1342, Dated 7-12-95, by this FIRM, for
a detailed Sketch of the Legal Description described hereon,
THIS LEGAL DESCRIPTION WAS PRE ARED UNDER MY SUPERVISION,
LEITER & ASSOCIATES, INC,
DATE: 7-12-95
BY:
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