04/08/1998 Agreement
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BRANCH OmCE
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 HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: Reggie Paros
Director of Public Safety
FROM:
Attention: Nonn Leggett
Ruth Ann Jantzen ,fidp.
Deputy Clerk ?
DATE:
May 7,1998
On April 8, 1998, the Board of County Commissioners granted approval and
authorized execution of a License Agreement between Monroe County and Omnipoint
Communications for the construction and partial use of a new tower facility at the
Monroe County Sheriff's Administration Building on Stock Island.
Enclosed please find two duplicate originals, executed on behalf of Monroe
County, for return to Omnipoint.
H you have any questions regarding the above, please do not hesitate to contact
this office.
cc: County Attorney
Finance
Mark Willis, Monroe County Sheriff's Dept.
Richard Collins, Monroe County School Board
County Administrator, w/o document
File
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... This License .A~ment (the "Agreement") is made and entered into 'ilts CJ
~U'- day of r I L-. , 1998, by and between MONROE COUNTY,
FLORIDA, whose address is 500 Whitehead Street, Key West, Florida 33040
(hereinafter referred to as "COUNTY") and Omnipoint Communications MB
Operations, LLC a Delaware limited liability Company ("OCMBOLLC") whose address
is 600 Ansin Boulevard, Hallandale, Florida 33009, (hereinafter referred to as
"LICENSEE").
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LICENSE AGREEMENT
COUNTY is the owner of certain real property (the "Real Property"), a parcel of
land which has the Sheriffs Administration building and the Monroe County jail located
on the parcel, at 5525 College Road on Stock Island in Key West, Florida. COUNTY is
willing to license to LICENSEE, a designated portion of the roof on top of the Sheriffs
Administration Building for equipment and space on the new tower as proposed by
LICENSEE. (the Equipment Space and the Tower Space are collectively referred to as
the ("Premises"), subject to the terms and conditions set forth below. In consideration of
the foregoing premises and the rents and mutual covenants contained herein, the parties
agree as follows:
I. COUNTY hereby grants a license to LICENSEE, and LICENSEE
accepts the right to use such a license from COUNTY, the Premises, subject to the terms
and conditions of this License Agreement. The parties shall mutually agree as to where
LICENSEE will locate its equipment in the Equipment Space, and such shall be reflected
in Exhibit "A" which shall serve as conclusive evidence as to the parties' agreement to this
matter. The parties agree that this License Agreement and LICENSEE'S obligations
hereunder are contingent upon the LICENSEE completing construction of the Tower as
proposed by the LICENSEE in the attached proposal and plans, and receiving all permits,
approvals and certificates necessary for the use and occupancy thereof. LICENSEE shall
use the Premises for the purpose of constructing, maintaining and operating a
communications facility and uses incidental thereto the communication facility, consisting
of the placement of PCS communications equipment, mounting of antennas, and
installation of coaxial cables (between the PCS equipment and the antennas), electrical
utility service and fiber optic or telephone cables. The antennas and associated equipment
are to be mounted on the Tower as mutually agreed to by County Communications.
COUNTY also grants and LICENSEE, exclusive right for ingress and egress, on foot or
motor vehicle, including trucks, to the Premises and adjacent parking areas, and associated
common areas seven (7) days a week, twenty-four (24) hours a day, including normal
business hours, for installation, maintenance and operation, all at LICENSEE'S sole
expense, of the Communications Facility, including the installation and maintenance of
utility wires, cables, conduits and pipes over, under or along said right of way.
LICENSEE acknowledges that this is a secured facility and may require County escort to
various areas within the facility. COUNTY shall cooperate with LICENSEE in its effort to
obtain utility service along said right of way by signing such documents or easements as
may be required by utility companies. In the event any utility company is unable to use
the right of way, the COUNTY agrees to grant additional right of way or easement as
necessary. COUNTY shall share any existing parking areas for use by LICENSEE
adequate to meet the needs of LICENSEE. COUNTY grants LICENSEE the right to use
adjoining and adjacent land as is reasonably required during the installation of the
Communications Facility.
2. This LICENSE AGREEMENT shall take effect upon execution by both
parties. LICENSEE must obtain a building permit within 180 days of the effective date
unless the issuance of the requisite permits are delayed due to circumstances beyond the
control of LICENSEE or Monroe COUNTY. LICENSEE must begin installation of it's
communications equipment on the Premises within one month and finish installation
within two months of the issuance of the building permit. LICENSEE shall provide
COUNTY with written notice ofthe Construction Date within ten (10) days preceding the
commencement of construction by LICENSEE and which written notice shall become a
part of this LICENSE AGREEMENT. LICENSEE shall pay to COUNTY an annual fee
of Seven Thousand Five Hundred Dollars ($7,500.00), to be paid annually in advance
plus applicable sales tax, on the date construction begins, should the construction start
date not be on the first day of the month, the first month may be prorated. The fee shall be
paid to the COUNTY at the address set forth above or such other person, firm or place as
the COUNTY may designate in writing at least thirty (30) days in advance of any fee
payment date. Fees shall be adjusted annually by a four (4%) per cent increase. Upon
completion of the tower, the tower becomes the property of COUNTY.
3. This LICENSE AGREEMENT shall be for an initial term of five (5)
years, subject to the terms and conditions set forth in this LICENSE AGREEMENT.
LICENSEE shall have the option to extend this LICENSE AGREEMENT for two (2)
additional five (5) year terms, and such extensions shall automatically occur unless
LICENSEE provides COUNTY written notice of its intention not to extend this
LICENSE AGREEMENT at least six (6) months prior to the end of the then current term.
If at the end of the second (2nd) five (5) year extension term this LICENSE
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 LICENSE 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.
4. LICENSEE shall use and occupy only that portion of the equipment roof
space, Tower and antenna locations as originally proposed in the attached proposal and
plans. LICENSEE shall bear all costs of permitting and construction costs associated with
the attached proposal and plans. LICENSEE shall have the right to charge, a one time
modification fee to additional Telecommunications Carriers whom negotiate additional
LICENSE AGREEMENTS with the County. This one time charge would be in the
amount of $20,000.00 dollars to offset the LICENSEE'S original construction costs.
5. LICENSEE shall prepare, at its expense, all necessary drawings and
specifications for the installation of LICENSEE' S telecommunications equipment, which
COUNTY shall have the right to approve, such approval not to be unreasonably_withheld
or delayed. COUNTY shall have been deemed to have approved the drawings and
specifications if COUNTY has not given written notice of its approval disapproval of if
COUNTY has not delivered written objections to LICENSEE within ten (10) business
days of COUNTY'S receipt of such drawings and specifications. In addition, LICENSEE
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, with LICENSEE in its efforts to obtain such approvals
with the appropriate authorities and to address in a timely manner any written objections
to the drawings and specifications and if parties, acting reasonably, cannot resolve such
objections, either party shall have the right to terminate this LICENSE AGREEMENT.
6. LICENSEE shall be responsible for all costs and expenses relating to the
provision of electrical service to its communications equipment. LICENSEE'S electrical
service shall be separately metered and LICENSEE shall be responsible for the cost of
installation of such meter
7. LICENSEE agrees to install radio equipment of a type and frequency
which will not cause interference with COUNTY'S proposed antennas or equipment on
the Tower. All disputes regarding interference whether caused by the COUNTY,
LICENSEE or other tenant(s) and/or user(s) of the Tower and Building shall be resolved
pursuant to the terms and provisions of that certain interference agreement attached
hereto as Exhibit "I" (the "Interference Agreement"). COUNTY agrees that prior to
allowing any additional tenant(s) or user(s) to collocate on the Tower and in the building,
such tenant or user must join in and agree to be bound by the Interference Agreement.
8. LICENSEE does hereby agree that the COUNTY may license future
additional PCS antennas or equipment for the purpose of wireless communications on the
tower and the ability to modify or relocate its above described antennas on the tower, at
the Premises provided that the new licensees antennas do not conflict with COUNTY'S
or other tower user's antennas and equipment identified in the attached Exhibit "T" or the
structural capacity of the Tower, whether existing or modified by LICENSEE, is
sufficient based on standard and accepted engineering practices.
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 LICENSEE, shall be responsible for compliance with
all tower and building markings and lighting requirements which may be required by the
Federal Aviation Administration ("FAA") or the FCC, but allows LICENSEE the right to
monitor the tower lighting systems on the premises. To the extent permitted by law
COUNTY shall indemnify and hold harmless LICENSEE from any fines or other
liabilities caused by the COUNTY'S failure to comply with the requirements of the FAA
or FCC.
10. Throughout the term of this LICENSE AGREEMENT and any extensions,
COUNTY shall keep and maintain in good order, condition and repair the Real Property,
Building and Tower. LICENSEE shall provide its reasonable cooperation to COUNTY
in connection with COUNTY'S maintenance and repair of the same; provided, however,
LICENSEE shall not be required to remove its wireless telephone equipment, antennas
and/or coaxial transmission lines or related equipment from the Premises in connection
therewith, unless required by law.
II. LICENSEE 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 Premises by the LICENSEE, its servants or
agents, excepting, however, such claims or damages as may be due to or caused by the
acts of the COUNTY, its servants or agents.
12. LICENSEE shall procure and maintain insurance as contained in Exhibit
"C".
13. 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. COUNTY hereby indemnifies and holds LICENSEE
harmless from any and all costs, expenses, actions, claims and damages to LICENSEE as
a result of any contamination on the Real Property existing prior to the LICENSE
AGREEMENT or hereafter caused by the COUNTY. LICENSEE will be responsible for
any and all damages, losses, and expenses and will indemnify COUNTY against and
from any discovery by any person of such hazardous waste generated, stored, or disposed
of solely as a result of LICENSEE's equipment and uses of the premises.
14. If the Tower should be totally or substantially destroyed or damanged (so
that LICENSEE may not operate it's facility as contemplated under this LICENSE
AGREEMENT) so that rebuilding the Tower "as is" would not be economically feasible,
as may be reasonably determined by COUNTY, LICENSEE may at it's sole discretion
terminate this LICENSE AGREEMENT or rebuild the Tower at its expense. If
LICENSEE should elect to rebuild the Tower as provided for in this paragraph, then in
that case this Agreement shall recommence at that point in time as if this Agreement had
just been approved by the parties hereto. In any event, due to such damage or destruction
LICENSEE's use of the premises is disrupted, fees due hereunder shall abate in full
pending restoration or repair of the premises or termination of this LICENSE
AGREEMENT if permitted hereunder.
15. If the whole of the Real Property, Building and/or Tower or such portion
thereof as will make the Premises unusable for the purposes herein, 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 fees shall be accounted for as between COUNTY and
LICENSEE, as of that date. Any lesser condemnation shall in no way affect the
respective rights and obligations of COUNTY and LICENSEE hereunder. Nothing in
this provision shall be construed to limit or affect LICENSEE's right to an award of
compensation of any eminent domain proceeding for the taking of LICENSEE's
leasehold interest hereunder.
16. If LICENSEE defaults in fulfilling any of the covenants of this License
Agreement and such default shall continue for sixty (60) days after service by COUNTY
of written notice upon LICENSEE specifying the nature of said default, or, if the said
default so specified shall be of such a nature that the same cannot be reasonably cured or
remedied within such sixty (60) day period, if LICENSEE shall not in good faith
commence the curing or remedying of such default within such sixty (60) day period and
shall not thereafter diligently proceed therewith to completion, then in anyone or more of
such events this Agreement shall terminate and come to an end as fully and completely as
if such date were the day herein definitely fixed for the end and expiration of this Lease
and LICENSEE shall then quit and surrender the Property to COUNTY as provided
herein.
17, LICENSEE, upon termination of this Agreement, shall, within ninety (90)
day period, remove its personal property and fixtures and restore the Premises to its
original condition, reasonable wear and tear excepted. If such time for removal causes
LICENSEE to remain on the LICENSE AGREEMENT Premises after the termination of
this Agreement, LICENSEE shall pay a reasonable fee at a monthly rate or on a monthly
pro-rate basis if based upon a longer payment term, until such time as the removal of
personal property and fixtures are completed.
18. LICENSEE may within the initial term of this Agreement assign or
transfer its rights hereunder, with the written approval of Monroe County. Subsequent to
the initial five (5) year term this Agreement may not be sold, assigned or transferred at
any time, except to LICENSEE'S principal, affiliates or subsidiaries of its principal or to
any company upon which LICENSEE is merged or consolidated. As to other parties, this
Agreement may not be sold, assigned or transferred without the written consent of the
COUNTY, such consent not to be unreasonably withheld.
19. COUNTY covenants that COUNTY is seized of good and sufficient title
and interest to the Premises and has full authority to enter into and execute this LICENSE
AGREEMENT. COUNTY further covenants that there are no other liens, judgments or
impediments of title on the Real Property and that the Tower, Building and the Real
Property are in compliance with all applicable laws.
20. LICENSEE, at LICENSEE'S option and expense, may record this
LICENSE AGREEMENT and obtain title insurance on the Premises and/or Real
Property. COUNTY, at COUNTY'S expense, shall cooperate with LICENSEE'S efforts
to obtain such title insurance policy by executing documents or, obtaining requested
documentation as required by the title insurance company.
21. Should the COUNTY, at any time during the term of this Agreement,
decide to sell all or any part of the Building, Tower, and/or the real property upon which
such are located, such sale shall be subordinate and subject to this LICENSE
AGREEMENT and LICENSEE'S rights hereunder.
22. COUNTY covenants that LICENSEE, on paying the fee and performing
the covenants, shall peaceably and quietly have, hold and enjoy the Premises and all other
rights granted herein.
23. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, addressed to each party as set
forth in the preamble.
24. This LICENSE AGREEMENT shall extend to and bind the heirs, personal
representatives, successors and assigns of the parties hereto.
25. This LICENSE AGREEMENT may be executed in three (3) counterparts,
each of which shall be deemed an original, and such counterparts shall constitute but one
and the same LICENSE AGREEMENT.
26. This LICENSE AGREEMENT and the performance thereof shall be
governed, interpreted, construed and regulated by the laws of the State of Florida.
27. In any action, proceeding or litigation arising out of this LICENSE
AGREEMENT, the prevailing party shall be entitled to recover from the non-prevailing
party its reasonable costs incurred including reasonable attorney's fees for services
rendered, including appellate proceedings and post judgment proceedings.
28. 28. LICENSEE may terminate this license at any time by notice to County
without further liability if LICENSEE does not obtain all permits or other approval
(collectively, approval) required from any governmental authority or any easements
required from any third party to operate the PCS system, or if any such approval is
canceled, expIres or is withdrawn or terminated, or if County fails to have proper
ownership of, or appropriately clear title to the site or authority to enter into this
agreement, or if LICENSEE, for other technical reason, determines that it will be unable
to use the site for it's intended purpose. Upon termination, all prepaid rent shall be
retained by the County.
29. Except for the tower, County hereby (a) consent to the collateral
assignment and granting of a security interest from time to time in favor of any holder of
indebtedness borrowed by LICENSEE ("Lender"), whether now or hereafter existing, in
and to the Installation and LICENSEE's right, title and interest in, to and under this
Agreement; (b) agrees to simultaneously provide Lender with a copy of any notice of
default as provided for in the Agreement; and (c) agrees to recognize Lender as
LICENSEE under this Agreement upon the written election of Lender so long as any
existing default has not been cured as provided hereunder. County hereby further agrees
to permit Lender to inspect or remove from the Property any of the collateral in which
Lender has been granted a security interest by LICENSEE in accordance with any
security documents granted in favor of Lender.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their respective seals on the day and year first above written.
Signed, sealed and delivered
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Alh1]~KO~CLERK.
B' C . ClIn.-t'iJ
DEPUlY CLERK J
MONROE COUNTY, FLORIDA,
a political subdivision of the
State of ida
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ')~ day
of~~ ' 1998, by ~~K kndt"rY) , the
t-\ () .IF of MONROE COUNTY, FLORIDA, a political subdivision
of the State f Florida, on behalf of Monroe county, who (check one) ~ is personally
known to me or ( ) produced as identification.
RUTH ANN JANTZEN
t,4y Comr:l E\p 12i30,it).)
~ 11~)nJcd By Service I
No. CC506335
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NOTARY BLI
My Commission Expires:
Name:
(Seal)
Signed, sealed and delivered LICENSEE
in the presence of: OMNIPOINT COMMUNIT A TIONS
A DELAWARE LLC LIMITED LIABILITY COMPANY
By: ~ wgNvw:>ur'<
Print Name: B. w. ~vv IN SC-oC'
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Print Name: J\M\)~ll\\XOtJ
Title: =tbmleqo \
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Print Nam~')~--, lf4 ~
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this I q- da~n'l ,
199~by 6c~ Tiu~()Xle-- , the rednV1~ DI of
OMNIPOINT C MUNICA TIONS MB OPERA nONS, LLC A DELA WARE
LIMITED LIABILITY COMPANY, on behalf of the corporation who (check one) ~
personally known to be or ( ) produced as identification
~~
NOTARY BLIC
My Commission Expires: )~f{61.).tJO I
Name: Dtflfr~~J,... ~~
(Seal)
ATTACHMENT "I"
INTERFERENCE AGREEMENT
INTERFERENCE/CONFLICTS
LICENSEE shall, at it's own expense, maintain it's equipment on or attached to the
Premises in a safe condition, in good repair and in a professional manner, suitable to
Monroe County and in accordance to any County, State or Federal laws and regulations.
LICENSEE's equipment shall be installed and maintained in a manner so as not to
conflict or interfere with Monroe County or any other entity utilizing the facility.
IN THE EVENT OF INTERFERENCE:
1. The entity being affected by the interference will notify the Monroe County
Emergency Communications department.
2. The Monroe County Emergency Communications Department in joint
participation with the entity being affected will respond within 24 hours to the facility
and begin analysis of the problem.
3. Upon identification of the interference source, the responsible entity will
be immediately contacted, followed with a written notice.
4. The licensee, LICENSEE or user responsible for the interference will
within 24 hours begin all steps necessary to correct and eliminate the interference at their
expense.
5. Should the interference not be minimized within 72 hours or eliminated
within 30 days, Monroe County may elect to terminate this Agreement or correct the
interference problem at the lessee's, LICENSEE's or user's expense.
LICENSEE has satisfied itself and hereby represents and warrants to Monroe County
that no such obstruction or interference with transmitting or receiving shall result to
Monroe County or other licensees, LICENSEEs or users located at the facility.
LICENSEE agrees to indemnify, hold harmless and defend Monroe County against any
damage, including attorney's fees, arising out of such obstruction or interference with
respect to uses which are in effect as to the date of this Agreement.
EXHIBIT "A"
THE PREMISES
EXHmIT A-I
STOCK/SHERIFF
5525 COLLEGE ROAD
STOCK ISLAND, FL 33040
North Existing Land Use: Industrial
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SITE # MM2002-B
DATE: 2/6/98
SAS: Richard Roy
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Hole: Owner and OCMBOUC may, at OCMBOU.C's opCion, replace this ExhIbit wllh an ExhIbit seUfng forth the Ieg;ll desc:rfptlon of the property on which the Site Is Joall:d and/or
an as-built drawing depicting the Site.
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ANiENNA LIST
MQ EL ANTFNNA hI C.QM
1 TOP DUAL UHf YAel 90' 7/8"
2.J 148' 2 21' UHf" WHIPS ~2~-7 /8"
4.-6 148' .3 22' VHf" WHIPS J -1 5/S"
148' 56' SIDEARMS
7-9 140' 3 08980 90' ~3~-1 5/8"
10-12 140' 3 DB980 22~' 3 -1 5/8
1",0' 2 SINGLE SECTOR MOUNTS -
1.3 1.30' UHX-S 90' (2j'W52
>- 14 115' UHX-S 90" ~2 EW52
::t: 15 115' UHX-8 22S' 2 EW52
~ 16 100' UHX-S 90" (2 EWS2
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e: 17 100' 4' STO DISH ISO' 1 5/8-
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ts;IT
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100'
80'
60'
<<!'
20'
O'
iower 150 F"T SElf" SUPPORT
Location SiOa< ISlAND. F"lORIDA
Owner Omnipoint
Ouiqn 120 MPH WINO
Imparlance F' oelor
ErpoNr. Coemcient
1.11
.0.
Accordlnq to ASGC:-7
- (1) FACE MOUNTED CLIMBING LADDER
- (2) WAVEGUIDE LADDERS
- COAX ASSUMED TO BE EQUALLY
DISTRI8UTED TO TWO TOYIC:R FACES
A - L2, x 1 1/2 x .3/16
B - L2 x 2 x .3/16
&(1) 5/8-'
Dti 'OLT
INTERIOR BRACING
El S' TO 55'
(1)-5/6"' BOLT
f'OUNDA TlON REACTIONS
UPLIfT: 561 kios max. one 'eq
COMP: 59,3 kips mox. one leq
EST WT Sit.: 4D.2 kips
HQflIZ: 61.1 kip~ max. one leq
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EXHIBIT "B"
OMNIPOINT COMMUNICATIONS PROPOSAL
TO
MONROE COUNTY
83/26/1998 15:39
9545635880
SILVERGATE SITE AOQ
PAGE 02
1
f
".
SILVERG
SITE A (:QUISfl'IONS
4101 N.l:ndrew3 Avenue, Suite 304, Fort Lauderdale, Florida 33309
Febrwu:r 16,1998
i
M~ ~ounty Emergency Commmlications Department
10600 Ajviation Boulevard
Mara1hcn, Florida 33050
Attentio~: G.N. Norm Leggett, Director
"
Dear Mi ~ Leggett:
;
Thank ybu for your interest regarding the possibility of entering into a License Agreement with
OmnipObrt Communications for the installation of their communications facility to be located at
5525 C(~egc Road on Stock Island in Key West, Florida.
~
Omnipoint Communications MB Operations, LLC, a Delaware Limited Liability Company
"
("OCMI~OLLCtt). is a publicly traded company and the fourth largest wireless telccom company
in the U ;Uted States.
As Ista1~~ I represent OCMBOLLC as a consultant in the South Florida market.
,
As per )"our request. the following is a general outline of required telecommunications equipment
for the above mentioned location:
i
:1
Prembt1s: Ground space consisting of3S0' square feet for the placement of a ISO' high self
SUPPolf~unicatiom tower. Attached is a copy of the proposed pes installation.
~~~lUt. EQuipment: Two sectors consisting of two antennas per sector at the required height
of 140';'P30 volts ale, with 100 amps of service and running at a frequency of 1965-1975 MHz.
ROQftojJ SDace: Rooftop space for the installation of an outdoor cabinet with six t:.nmsceivers at
a size 01; 1605 x 1300 x 710 inm moWlted on a steel support railing system and connected to the
self supJ~rt tower with 1 5/8" coaxial cable system molD1ted on a cable bridge,
AB it is l~ betWeen Monroe County Emergency Communications Department and
OCMB()LLC, Monroe County will be the sole owner of the 150' self support tower for the
iostalla11on of their emergency communication system and OCMBOLLC will be responsible for
all ~~ related to the purchase and the i.nsta1lation of the 150' self support tower, including
03/26/1998 15:39
9545635000
SILVERGATE SITE ACQ
PAGE 03
the installation of their own communication equipment. In retwn for the investment
mentioned above. OCMBOLLC will pay a monthly fee of Six Hundred and Twenty Five
DoU~ (S625.00) with four percent (4%) increases po: five (5) year teon.
I w<juld like to reiterate that this is an initial proposal and we will be as fleJOole as
po~~ble in order to expedite this transaction. Please caU me if you have any questions at
(95'i) '563-4633.
Enc10sures
RR/;
rg
EXHIBIT C
LICENSEE'S INSURANCE REQUIREMENTS
PRODUCER
ACORD
1M
. ,
I: :- :.. _ !_ ~" . . ~ ,,' : :
DATE (MMlDDIVY), .
3l2~8 '.
THIS CERTIFICATE IS ISSUED AS 'A"MATTER OF INFORMATION"
ONLY AND CONFERS NO R1Gm UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. '
COMPANIES AFFORDING COVERAGE
COM:ANY FEDERAL INSURANCE COMPANY (CHUBB)
THE WEINER COMPANY, INC.
ONE MCKINLEY SQUARE
BOSTON, MA 02109
INSURED OMNIPOINT COMMUNICATIONS MB OPERATIONS, LLC.
A DELAWARE LIMITED LIABILITY COMPANY
600 ANSIN BOULEVARD
HALLANDALE,FL33009
COMPANY
B
COMPANY
C
( , ~; :;~. :'~<;1:V
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOTWITHSTANDING AN( REQUIREMENT, TERM OR CONDITION OF MN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTlACATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXClUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY EFFECllVE POLICY EXPIRATION LIMITS
LTR POLICY NUMBER DATE (MMlDDIYY) DATE (MMlDDIYY)
~NERAL LIABILITY 35312768 1/1/98 1/1/99 GENERAL AGGREGATE $ 2 000 000
A X COMMERClAL GENERAL LIABILITY PRODUCTS - COMPIOP AGG $ 2 000 000
I ClAIMS MADE m OCCUR PERSONAL & ADV INJURY $ 1.000.000
-
OWN~S&CO~TO~SPROT EACH OCCURRENCE $ 1 000 000
l-
I- FIRE DAMAGE (Anyone fire) $ INCLUDED
MED EX? (Anyone person) $ 10000
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
AN( AUTO
"--
I- ALL OWNED AUTOS BODlL Y INJURY $
SCHEDULED AUTOS (Per person)
"--
I- HIRED AUTOS BODILY INJURY
(Per accident) $
I- NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
-
ANY AUTO OTHER THAN AUTO ONLY:
-
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY 79714095 1/1/98 1/1/99 EACH OCCURRENCE $ 2 000 000
A ~ UMBRELlA FORM AGGREGATE $ 2 000 000
OTHER THAN UMBRELLA FORM $
WORKER'S COMPENSATION AND I~~~ I 10TH-
ER
EMPLOYERS' UABIUTY EL EACH ACCIDENT $
TIlE PROPRtETORI RINCL a DISEASE - POLICY LIMIT $
PARTNERSlEXECUTlVE
OFFICERS ARE: EXCl El DISEASE - EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATlONSlLOCA nONSNEHlCLESlSPECIAL ITEMS
SITE LOCATION: MM2002-B 5525 COLLEGE ROAD, STOCK ISLAND, KEY WEST, FLORIDA 33040
MONROE COUNlY, FLORIDA IS ADDED AS AN ADDITIONAL INSURED WITH RESPECT TO PREMISES LEASED TO THE
NAMED INSURED FOR A BASE STATION/ANTENNA SITE.
;- 0~~:;I~t" ..-;: -n~;-.'.:0l~ - - - - --~- - ~ - ~ --. - (-~\~.'~c-;I-~:\-~1()~~ -- -~ -- ~--~ - -~-- ~ ---~ ~~- ~- - -- - -- ~
.
COMPANY
o
MONROE COUNTY, FLORIDA
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
ATTN: NORM LEGGETT,
DIRECTOR OF EMERGENCY COMMUNICATION DEPARTMENT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NonCE TO THE CERTIACATE HOLDER NAMED TO THE LEFT.
Bur FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY
OF ANY KIND UP E rrC Nr'~NTATIVES.
AUTHORIZED REPRES TIV
1996 Edition
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
Administration Instruction
#4709.2
14
1996 Edition
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver oflnsurance Requirements" and
approved by Monroe County Risk Management.
--
Administration Instruction
#4709.2
15
-"
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated fmancial statements from the fund
upon request from the County,
WC3
Administration Instruction
#4709.2
90
f
1996 Edition
.
GENERAL UABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded DefInition of Property Damage
The minimum limits acceptable shall be:
--
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GL3
Administration Instruction
#4709.2
56
}:
..
1996 Edition
..'
VEmCLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VL3
Administration Instruction
#4709.2
83