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Home My WebLink AboutK. Sheriff BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 03/17/10 Division: Monroe County Sheriffs Office Bulk Item: Yes..1L. No Department: Monroe County Sheriff's Office Staff Contact Person/Phone #: Val Marinello 292-7001 AGENDA ITEM WORDING: Request for expenditure from the Law Enforcement Trust Fund ITEM BACKGROUND: N/A PREVIOUS RELEVANT BOCC ACTION: Have been approved in the past CONTRACT/AGREEMENT CHANGES: ST AFF RECOMMENDATIONS: Approval . TOTAL COST: INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: Law Enforcement Trost Funds REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included XX Not Required_ DISPosmON: AGENDA ITEM # Revised 7/09 ?vtonroe County Slieriffs Office 1qJ6ert CPo CPeryam, Sfieriff 5525 Coffegc CR,sJaa 'Kffy West, pforida 33040 (305) 292-7000 P)lX: (305) 292-7070 1-800-273-COPS 'wwrv. fleysso. net Slieriff SUBSTATIONS Freeman Substation 20950 Overseas Hwy. Cudjoc Key, FL 33042 (305) 745-3184 FAX (305) 745-3761 Marathon Substation 3103 Overseas Hwy, Marathon. FL 33050 (305) 289-2430 FAX (305) 289-2497 Islamorada Substation 87000 Overseas Hwy. Islamorada, FL 33036 (305) 853-7021 FAX (305) 853-9372 Roth Building 50 High Point Road Tavernier, FL 33070 (305) 853-3211 FAX (305) 853-3205 DETENTION CENTERS Key West Del. Center 5501 College Road Key West, FL 33040 (305) 293-7300 FAX (305) 293-7353 Marathon Del. Facility 3981 Ocean Terrace Marathon, FL 33050 (305) 289-2420 FAX (305) 289-2424 Plantation Del. Facility 53 High Point Road Plantation Key, FL 33070 (305) 853-3266 FAX (305) 853-3270 SPECIAL OPERATIONS P.O. Box 500975 Marathon, FL 33050 (305) 289-2410 FAX (305) 289-2498 AVIATION DIVISION 10100 Overseas Hwy. Marathon, FL 33050 (305) 289-2777 FAX (305) 289-2776 COMMUNICATIONS 2796 Overseas Hwy. Marathon, FL 33050 (305) 289-2351 FAX (305) 289-2493 February 18~ 2010 Mr. Roman Gastesi~ County Administrator Historic Gato Building 1100 Simonton Street Key West, Florida 33040 RE: Request for Expenditures from Law Enforcement Trust Fund Dear Mr. Gastesi: I would like to request that the Commission authorize the following expenditures from the Law Enforcement Trust Fund: $ 5,000.00 Take Stock in Children - to support 40 new youth with a 50% payment of the leadership camp experience at the Sheriff's Caruth Youth Camp. TOTAL: $ 5.000.00 I hereby certify that these expenditures are lawful pursuant to the Florida Contraband Act. There will be no recurring expenses in the existing budget. Please feel free to contact my General Counsel, Mark L. Willis, or me should you have any questions or concerns regarding this request. ~ Robert P. pe~~ Sheriff ofMoZ County RPP/vam ~ -r..,.," \\q:J."i ~ . ~ ..'s i; ~ Take Stock in Childrerf Jim Hall, Program Coordinator 1400 United Street Suite 102 Key West, Florida 33040 (305) 293-1546 iim. ha lI@keysschools.com :;; A N7,~fC,EI'" EO ~/s.~ "1,1, '." 2 I,. UEH$Nr 010 FEB 18 Au /in 8: 34 ""/:"1; '.> <'041 February 17, 2009 Sheriff Robert Peryam 5525 College Road Key West, FL 33040 Sheriff Peryam, The Monroe County Education Foundation and the Take Stock In Children program respectfully request a contribution of $5,000.00 to support a 50% payment of our leadership camp experience at the Sheriff's Caruth Youth Camp in Inglis, Florida. Once again this year, 40 of our newly signed Take Stock students from Monroe County ventured to Caruth Camp to participate in a fully inclusive week-long leadership program entitled "Crossroads Adventure". Th is experience has a tremendous impact on the future of our scholars as it includes team building exercises, goal setting, problem solving, decision making exercises along with visits to both the University of Florida and Santa Fe College. It is through the ongoing support of the Sheriff's Department that we can offer these important life lessons to the students in our program. ectfu~IY, Ik v &~" .\\ ~ ~w ~ '\ ()' \ (J SS' 'if ~V/ v: I'll/If > "~\~ '0~ .j> 'lo~~ n SCHOLARSHIPS, MENTORS, AND HOPE Qj /y~ Ji Hall onroe County Program Coordinator Take Stock In Children Florida Sheriffs Youth Ranches, Inc. PO Box 2000 Boys Ranch, FL 32064 Phone: (386) 842.5501 I In"oi~e ID 12/28/2009 11973 In"oi~e Date Amount Due: $ 10,000.00 Page I CUSTOMER l I SHIP TO Take Stock in Children Attention: Jim Hall 1400 United Street. Suite 102 Key West. FL 33040 _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ __ _ _ _ __ _ __ _ .P1o_dctao:h~oIWlLtbi"POWon.witb)lOlll'.......illan...- - - - - - - - - - -. - - -. - - - - - - -- - - - - - - - - - - _.- Customer ID I Customer PO No. 1 Order Date 1 Shipped Via FOB 1717 I I 12/28/2009 I Terms Due Date II Paid By Deduct Sold By 12/28/2009 $ 0.00 Ilem No. Description QIy Unit U nit Price Discount Extended Price 13131 Camping Rentals - Caruth Camp 1.00 $10.000.00 $10000,00 I S."I..~ T"y SO.OO Printed on 12/28/2009 Total $10.000.00 . Total Due $10,000.00 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _3/17/10 Division: Monroe County Sheritrs Office Bllikhem: Y~ x No -- Department: Monroe County Sheriff's Office Staff Contact /Phone #: Val Marinello 292-7001 AGENDA ITEM WORDING: Reappoint Mr. Peter Rosasco to the Sheriff's Shared Asset Forfeiture Fund Board (SAFF) ITEM BACKGROUND: There are 7 members on the Board, Each Commissioner nominates 1 person, the Sheriff nominate 2. Mr. Rosasco's appointment term expires on 3/18/10 PREVIOUS RELEVANT BOCC ACTION: Nominations have been approved in the past CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included xx_ Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 ::Monroe County Sheriffs Office (j@6ert P. Cl'eryam, S lieriff 5525 CofIege <Rpad 1(ey West, pforUfa 33040 (305) 292-7000 P)tX: (305) 292-7070 1-800-273-COPS .www.fteysso.net SlJBST A TIONS Freeman Substation 20950 Overseas Hwy, Cudjoe Key, FL 33042 (305) 745-3184 FAX (305) 745-3761 Marathon Substation 3103 Overseas Hwy. Marathon, FL 33050 (305) 289-2430 FAX (305) 289.2497 lslamorada Substation 86800 Overseas Hwy. Islamorada. FL 33036 (305) 664-6480 FAX (305) 852-5254 Roth Building 50 High Point Road Tavernier, FL 33070 (305) 853-3211 FAX (305) 853-3205 DETENTION CENTERS Key West Det. Center 5501 College Road Key West. FL 33040 (305) 293.7300 FAX (305) 293-7353 Marathon Det. Facility 3981 Ocean Terrace Marathon, FL 33050 (305) 289-2420 FAX (305) 289-2424 Plantation Oct. Facility 53 High Point Road Plantation Key, I'L 33070 (305) 853-3266 FAX (305) 853-3270 SPECIAL OPERATIONS P,O, Box 500975 Marathon, FL 33050 (305) 289-2410 FAX (305) 289-2498 AVIATION DIVISION 10100 Overseas Hwy. Marathon, FL 33050 (305) 289-2777 FAX (305) 289-2776 COMM UNICA TlONS 2796 Overseas Hwy, Marathon. FL 33050 (305) 289-2351 FAX (305) 289-2493 March 1, 2010 Mr. Roman Gastesi~ County Administrator Historic Gato Building 1100 Simonton Street Key West, Florida 33040 RE: Agenda Item - Request approval of reappointment of Mr. Peter Rosasco to the Shared Asset Forfeiture Fund Advisory Board Dear Mr. Gastesi: I would like to request that the Commission approve my nomination of Mr. Peter Rosasco for reappointment to the Sheriffs Shared Asset Forfeiture Fund (SAFF). Please feel free to contact my General Counsel, Mark L. Willis, or me should you have any questions or concerns regarding this request. Very truly yours, :!::t~ Sheriff of Monroe County RPP/vam ~ ~~~~ :~.~'r~ ',~ ~l: ~~,,7';:<t:i ~ . ~~tlt~, ~~~lu~~1 _c.-bofoo Board or Committee: Monroe County Boards and Committees Appointment Information Commissioner Appointing Member: Name of Member: Address: Mailing Address: Phone Numbers: Date of Appointment: Rea ppointment: Date Term Expi res: Home: Work: Fax: Email: Name of Person Being Replaced: Fulfilling Term of: Shared Asset Forfeiture Fund Advisory Board Full Board Peter Rosasco 25000 Overseas Hwv Summerland Key, FL 33042 03/17/10 03/18/12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 17, 2010 Division: Monroe County Sheriffs Office Bulk Item: Yes L No Department: Emergency Communications Staff Contact Person: Laura White Phone #: 289-6035 AGENDA ITEM WORDING: Approval of First Amendment to the Assignment of Lease and Bill of Sale with Telcom Systems, Ltd. to extend the lease termination date six months. ITEM BACKGROUND: Telcom leases property on Long Key from the County. The current lease term ends on March 8, 2010. Telcom and the County are in the process of negotiating a new lease. Telcom and the County Attorney's Office have agreed to a six month extension to the original lease while the parties negotiate a new long term lease for the property. PREVIOUS RELEVANT BOCC ACTION: On or about January 23, 1996 the BOCC Approved the Lease Agreement and .on April 15, 2009, 2009, the BOCC Consented to the Assignment of Lease and ,.it' Bill of Sale with Telcom Systems, Ltd. CONTRACT/AGREEMENT CHANGES: The termination date of the Lease will change from March 8, 2010 to October 7, 2010. All other terms of the lease shall remain unchanged. STAFF RECOMMENDATIONS: Approval TOTAL COST: No additional cost INDIRECT COST: -0- BUDGETED: Yes -X-No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUClNG: Yes X No AMOUNT PER MONTH $750.00 Year $4~500.00 J) tYu for 6 month period of extension APPROVED BY: County Arty X f/OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Telcom Systems, Ltd Effective Date: 3-17-2010 Expiration Date: Contract Purpose/Description: Extend present Agreement to October 17, 2010 (Name) (Ext.) MCSO Emergency Communications (Department) Contract Manager: Laura White 6035 for BOCC meeting on 2/17/10 Aoenda Deadline: 3/02/10 CONTRACT COSTS Total Dollar Value of Contract: $ $750.00 oer Current Year Portion: $4,500 for six month months (aoorox. ) ..:' Budgeted? Yes X No Grant: County Match: $0 Account Codes: -xxxxxx ADDITIONAL COSTS CONTRACT REVIEW Changes Date In Needed Division Director YesD NoD Date Out Reviewer Risk Management YesD NoD O.M.B.jPurchasing YesD NoD County Attorney j J1m YesD No@- ~~ d2 ~/ , ~tjj() com~ents:--L2UX1/J.cfl #fjn~ ~~~ CO/7L-r"'1g- 211'07 M~. OMB Form Revised 9/11/95 MCP #2 Revised 2/95 FIRST AMENDMENT TO ASSIGNMENT OF LEASE AND BaL OF SALE TIllS AMENDMENT TO ASSIGNMENT OF LEASE AND BILL OF SALE is entered into this ~ day of March 2010 by and betvveen TELCOM SYSTEMS. LTD. (''LESSEE''). a Florida Limited Partnership, having an address at 450 NE 1st Road. Homestead. Florida. 33030. and MOJU'oe County rCOUNTYILESSOR"). a political subdivision of the State of Florida, whose address is 1010 Kennedy Driv~ Suite 200, Key West, Florida 33040. WHEREAS, LESSEE and COUNTYILESSOR are parties under a certain Lease Agreement origina1.ly between TCl Cablevision of Florida, Inc. and COUNTYILESSOR., as modified by the Assignment of Lease and Bill of Sale dated April 15. 2009 (hereinafter referred to collectively as "the Lease"). respecting certain real property located on US I, Long Key. Floirda (hereinafter <<the Leased Premises'1 more particularly described on Exhibit "A", attached hereto and made apart hereof; and Whereas, the Lease shall expire on March 8,2010; and , Whereas: partieS hereto desire to extend the Lease tennmanon date for a period ofup to six. months; n"'~ NOW TIlEREFORE, the COUNTY /LESSOR and LESSEE hereby AMEND the Lease as follows: 1. Termination: Effective upon execution of both parties the Lease shall be extended under a month to month tenancy beginnine on March 8, 2010 and terminating October 7. 2010; unless new terms and conditions can be negotiated prior to that date_ All the remaining terms of the Lease, not inconsistent herewith" shall remain in full furce and effect. Ifanyterm,. covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, Shall not be affected thereby; and each remaining term, covenant, condition and provision oftbis Agreement sball be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms. covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement The COUNTYILESSOR and LESSEE agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. IN WllNESS WHEREOF COUNTYILESSOR and LESSEE hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. REMAINDER OF TIllS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 1 of2 signa.ture pago FLnIt Amendment to Lense between TELCOM SYSTEMS. LTD, and MQllfllG Coullty Board of County Commissioners of Monroe County Attest: Danny L. KohJage, Clerk By: Sylvia J. Murphy, Mayor Date: By: Deputy Clerk Date: , ':':{: COUJIjTY AT"Qc:,>c: ~f-(OVED /. .;:> -ro f '. ',' ..j c~ , -~~k~{/\ ~ >~Jfl.!kEENE W-r3!\sSEL ASQIS rANT COUi"!V fl' - (Jc"" , :::>_ ~,. ,"n ORHEY ,..,c; ------..--~~LI2 Teleom Systems. Ud.~--'-'~-~">'->-_._'- By: Telcom Systems, Ltd., Inc. Its General Partner I ' \ By: ~ 'wj/(I '9 j1.1 /1 /~ Name'l James E. S lsiak Title: President Dare: /vlo..A ch I, t} 0 J 0 , WItnesses for Tekom:-Systems; -Ltd. dg'0# #4// Signa1:l1Ili fJef'T~ -::- ;ldl/cf/ldl Print Name Date: Mo./l Q), 11 {)o) 0 . , ~-~ STATE OF FLORIDA COUN1Y OF MONROE Sworn to (or affirmed) and subscribed before me this I day of J..1o.;I aiv , 2010, by :::JC:\M\2. 'S E. ~ \> I So \ A K -"> fur Comcast, who is personally known to me OT prodl1ced the following identification ~~Q~ ignature ofNotaIy Notary Stamp: Page2of2 EXIDBIT <<An Lr&' PREMISES. A 'tract of land In CI part of Govemment Lot 1, SectIon 5, T. 65 S., R. 35 E.. en long K4lty, Monroe County, Florida, and being more pcrtleularfy described by metes and bounds as fo/lows: Commencing at the centerline of U.S. Highway No. 1 and the Point of Curve of StatIon 24068 plus 96.1, Flerldo East Coost Railway Right of Way and Tract Map, bear northeasterly along the centerline of U.S. Highway No. 1 for Q dbtanee of 330.22 feet to a point; thence at right angfes and southeasterly for a distance of 50,0 feet to the point of beglnntng of the fract of land hereinafter described, sold pornt of beginning also belng on the southeasterly rJght-of~ay line of U.s. Highway No.1; from said point of baglnnlng, contInua beating southeasterly and at right angles to U.S. HIghway No. 1 for c distance of 300.0 feet to a point; thence at right angles and northeasterly for a distance of 300.0 teet to Q poInt; thence at right angles end northwesterly for a dIstance of 300.0 feet to a point on the southeQlterly right-of-way line of U.S. HIghway No. l: thence bear southwesterly along the southeasterly right-of-wClY line of U.S. Highway No. 1 for a dIstance of 300.0 feet, back to 'he poInt of begInning. ~L bet (t[-t)\ n~C:3mD CCrL.~ a~~'9 ~~ Or:'!~ ASSIGNMENT OF LEASE AND BILL OF SALE THIS ASSIGNMENT OF LEASE AND BILL OF SALE (this "Agreement') is entered into this /5.dt.. day of ~ ' 2009 by and between COMCAST OF CALIFORNINCOLORADOfF'LORIDNOREGON, INC. ("ASSIGNOR"), a Florida Corporation, having an address at 1010 Kennedy Drive, Suite 200, Key West, Florida 33040, and TELCOM SYSTEMS, LTD ("ASSIGNEE"), a Florida limited partnership, whose address is 450 NE 1st Road, Homestead, FL 33030. WHEREAS, ASSIGNOR and MONROE COUNTY ("Lessor"), a political subdivision of the State of Florida, are parties under a certain Lease Agreement (the "Lease") originally between Tel Cablevision of Florida, Inc. ("Original Lessee") and Lessor, respecting certain real property located on US 1, Long Key, Florida, being more particularly described therein (the "Leased Premises") (a copy of said Lease is attached hereto as Exhibit "A"); and ~, WHEREAS, ASSIGNOR is the successor by merger to TCI Cablevision of Florida, Inc.; and WHEREAS, Original Lessee and/or ASSIGNOR have made certain improvements to the Leased Premises, including but not limited to a tower, and other site improvements (together, the "Improvements"); and WHEREAS, the parties hereto desire to assign the Lease, and to convey the Improvements, from ASSIGNOR to ASSIGNEE, effective May 1, 2009 (the "Effective Date"); NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, ASSIGNEE and ASSIGNOR hereby agree as follows: 1. Assignment and Delivery of the Leased Premises. As of the Effective Date, Assignor assigns to Assignee, all of Assignor's right, title, and interest in the Lease. Assignor will deliver possession of the Leased Premises to Assignee on the Effective Date. 2. Assumption and Acceptance of the Leased Premises. Assignee assumes and agrees to perform each and every obligation of Assignor under the Lease that arises on or after the Effective Date, Assignee will accept the Leased Premises in its condition as of the Effective Date and acknowledges that it shall have no claim against Lessor or Assignor for any matters arising prior to the Effective Date. 3. Indemnification by Assignee. Assignee will indemnify Assignor against and hold Assignor harmless from any loss, liability, and expense (including reasonable attorneys' fees and court costs) arising out of (a) any obligation or liability of the lessee under the Lease, arising on or after the Effective Date; and (b) any breach by Assignee of its agreements contained in this Agreement. 4. Bill of Sale/Transfer of Ownership of Improvements: ASSIGNOR does, effective as of the Effective Date, hereby sell, transfer and convey to the ASSIGNEE, all of Assignor's right, title and interest in and to the Improvements. The Improvements are conveyed in their "as is", "where is" condition as of the Effective Date. All warranties, express or implied, including warranties of title, merchantability, and fitness for a particular purpose are hereby disclaimed. ASSIGNEE releases ASSIGNOR from all liability with respect to the Leased Premises and the Improvements, including but not limited to the environmental aspects and physical condition of the Leased Premises and the Improvements, their valuation, and suitability for Assignee's purposes, ASSIGNEE acknowledges: (i) That in accepting ownership of the Improvements, ASSIGNEE has been given the opportunity to investigate and study the Improvements, including, without limitation, the opportunity to conduct its own llhysical and environmental inspections of the Improvements, and that ASSIGNEE is not relying on any representation or warranty of ASSIGNOR regarding the physical or environmental condition of the Improvements; (ii) ASSIGNEE will acquire the Improvements, including, without limitation, the opportunity to conduct its own physical and environmental inspections of the Improvements, and that ASSIGNEE is not relying on any representation or warranty of ASSIGNOR regarding the physical or environmental condition of the Improvements; (ii) ASSIGNEE will acquire the Improvements in their "as is", "where is" condition and shall assume the risks that adverse physical conditions may not have been revealed by its investigation, and ASSIGNOR specifically disclaims making any representation or warranty respecting the Improvements physical condition, including, but not limited to, warranties of fitness, merchantability, fitness for a particular purpose, habitability or tenantability. ~&' ASSIGNEE hereby fully releases ASSIGNOR and its officers, directors, and shareholders, from all claims, demands and causes of any action, known or unknown, of whatever kind arising out of or related to the Lease, the Leased Premises, and/or the Improvements. 5. Entire Agreement. This Agreement embodies the entire agreement of Assignor and Assignee with respect to the subj eet matter of this Agreement, and it supersedes any prior agreements, whether written or oral, with respect to the subject matter of this Agreement. There are no agreements or understandings that are not set forth in this Agreement. This Agreement may be modified only by a written instrument duly executed by Assignor and Assignee. 6. Binding Effect. The terms and provisions of this Agreement will inure to the benefit of, and will be binding upon, the successors, assigns, personal representatives, heirs, devisees, and legatees of Assignor and Assignee. 7. Consent. The effectiveness of this Agreement is conditioned upon Lessor's consent to this Agreement by April 30, 2009. 2 IN WITNESS \VHEREOF ASSIGNEE and ASSIGNOR hereto have executed this Agreement on the day and date first written above in five (5) counterparts, each of which shall, without proof or accounting fOf the other counterparts, be deemed an original contract. Witnesses for Corncast of Californi alCo loradolFloridalOregon, Inc. Comcast of CalifornialColarado/FloridalOregon, :: ~ p~ Name: "7: ,/J 4. i _ . Title: I' /It7/h/h'"" f/:' 7ry IJs,d rJ.Jf 4 t}/s ~-.;., Witnesses for Telcom Systems, Ltd. . de.IJ,J2 f) iLL! Jl6L Signat re April Q'Mara Print N Te1com Systems, Ltd By: Telcam Systems, Ltd., Inc. Its General Partner By 916"'" "y ! tf;~c!. .lit./) Name: ame~ E. gpisi Title: Pres~dent Campbell Print Name Sig 3 CONSENT The undersigned Lessor consents to the foregoing ASSIGNMENT OF LEASE AND BILL OF SALE and agrees that (1) as of the Effective Date, Assignor will be released from all liability for the performance of any obligations under the Lease arising from and after the Effective Date; and (2) this Consent will not be deemed a consent to any subsequent assignment, but rather any subsequent assignment will require the consent of the undersigned pursuant to the Lease. Lessor hereby represents and warrants that as of the date of execution of this Consent. Assignor. as lessee, is not in default or breach of the Lease, and no event has occurred which with the passage of time or the giving of notice would constitute such a breach or default. Date sr} 5/0 'j 4 ~-~ By' orge Neugent., Ml!Yor ate: APR 1 :J 2009 r.... ~ " 0 c::::a <:::) Cl >- ..0 r- ~~,;~ Q ~; e- rr! c: 0 ;-;", ~~; :: :z -r; r........~ CD 0 :.~:f.3~ :::0 :;z::. :::0 r. . . i :z: ", -: n :r: 9 (") ::' ;....u> 0 ., C> W :::0 fTl (.0) 0 MONROE COUNTY ATTORJ\IEY PROVED AS T F9J10 . .L~ NATILEENE W C,ASSE=l. ASSISTAN~ COUNTY ATT('h,~E y Date ...9j ~0 9 EXHIBIT "A" (Attach copy of Lease] ~.i::" 5 LEASE AGREEMENT THIS AGREEMENT Is made and entered Into by Monroe County. a political subdivision of the stote of Florida, whose address Is 5100 College Road, Stock Island. Key West. FL 33040 (lessor/County), and <t~12eaSrev:Jslpn'::cof Florida. Inc., whose address is 1700 N. Roosevelt Blvd., Key West, FL 33040 (LesseeITCI). The CGOUJ5fV-::;owf{S'''a)fCict:of'land'orf lofig'Key;"Florld~. which has previously been leased by TCI ond its predece~so'" for use in connection with cable services provided throughout Monroe County. ~1B9.1m:lsrcfesj~:'f/iat~tf\EfCo1Jn1Y'leCrife~salc~pl'OpertY.'to'TCr: 'fOf'fflefClurCitron 'of its- eXisting COimty franchise.' Therefore. the County and TCf agree as ".,,~.' -.' ~!9I1ows; 1, PREMISES. The County leases to TClthe property described below: ~_.it" A rroct of land in a part of Government Lot l. Section 5, T. 65 5.. R. 35 E.. on Long Key, Monroe Couniy, Florida. and being more particularly described by metes and bounds as follows: Commencing at the centerline of U.S. Highway ~o. 1 and the Point of Curve of Stotlon 24068 plus 96.1. Florida E05t Coast Railway Right of Way and Tract Map, bear northeasterly along the centernne of U.S. HIghway No. 1 for a distance of 330.22 feet to a point; thence at right angles and southeasterly for a distance of 50.0 feet to the point of beginning of the tract of land hereinafter described, sold point of beginning also being on the southeasterly right-of-way line of U.S. Highway No.1; from said point of beginning. continue bearing southeasterly and at right angles to U.S. Highway No. 1 for a distance of 300.0 feet to 0 point; thence ot right angles and northeasterly for a distance of 300,0 feet to a point; thence at right angles and northwesterly for a dlstance of 300.0 feet to a point on Ihe southeasterly right-of.woy line of U.S. Highway No.1; thence bear southwesterly along the southeasterly rightooOf-woy line of U.S. Highway No. 1 for a distance of 300.0 feet. back to the point of beg1nning. 2. TERM. Lessee shall have and hold the above described premlses for a term commencing on March 9. 1995 and terminating on March 8.2010. & )LL.hCt~ Ji )/ 3. RENTAL AMOUNT. lessee shall pay lessor the sum of seven hundred fifty dollars ($750.00) per month. payable on or before the ninth day of each month. The fee shall be made payable to Monroe County and paid to the Clerk at Monroe County CourthoLJse. 500 WhItehead Street, Key West. Fl 33040. 4. UTILITIES. lessee shaJl promptly pay all gos. woter. electric, cable. and any other utility charges whIch may become payable during the term of this lease for utilities used by the Lessee on the prerl1ises. 5, MAINTENANCE AND REPAIRS. Lessee shall be responsible for all maintenance and repaIrs on the premIses in accord with generally accepted busIness prcctlces. Lessee sholl cliO be responsible for any of the premises damaged by the Lessee, its officers. agents. and employees. 6, ALTERATIONS. Lessee sholl have the right to make any alterations In and to the demIsed premises dUring the term of this lease upon first obtaIning the wrtHen consent thereto of the Lessor. which consent shall not be unreasonqbly withheld. 7. RIGHT OF INGRESS AND EGRESS. Lessee shall have the right of ingress to and egress from the premises described above. 8. HOLD HARMLESS AND INDEMNIFICATION. Lessee covenants and agrees to indem~lfy and hold harmless Monroe County Boord of Commissioners from any and all claims for bodily injury !including dealhl. personal Injury. and property damage (including property owned by Monroe County) and any other losses. damages, and expenses [inClUding attomey's fees) which arise out of. in connection with, or by reason of Ihe Lessee utilfzing the property govemed by this lease agreement, The extent of liability is in no way limited to. reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 9. INSURANCE, The Lessee shall obtain, at its own expense, insurance os specified below. The Lessee shall maIntain the required Insurance throughout the entIre term of this ~_& 2 lease agreement. Failure to comply with this provision may result In the immediate termination of the lease agreement and the return of all property owned by the County. The Lessee shall provide to the County as satisfactory evIdence of the required insurance, a Certificate of Insurance. All Insurance policies must specify that they are not subject to cancelfalion, non-renewal. material change, or reduction in coverage unless a minimum of thirty 1301 days prior notification is given to the County by the insurer. The acceptance and/or appr9val of the Lessee's Insurance shall not be construed as relieving the Lessee from any lIabllrty or obligation assumed under this contract or imposed by law. , The Lessee shall maintain Generol l1ablfity Insurance throughout the life of the ..;;. contract and Include. as a minimum: .. Premises Operations .. Products and Completed Operations .. Blanket Contractuall1abnlty .. PersonallnjUl)' Llabllity .. Expanded Definition of Property Damage . .. Fire Legalliablllty (wlth limits equal to the fair market value of the leased property) The minimum limits acceptable shall be $300,000 Combined Single limit (CSL) If split limits are provided, the minimum limits acceptable shall be $100,000 per person. $300,000 per occurrence, and $50.000 property damage. An Occurrence Form policy is preferred. If coverage is provided on a Claims Made polley, Its provisions should include coverage for claims flied on or ofter 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 termination of the lease agreement. The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies issued to satisfy the above requirements. 3 Any deviations from these General Insurance Requirements must be requested in wriling on the County prepared form entifled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 10. INJURY OR DAMAGE TO PROPERTY ON PREMISES. Lessee sholl be responsible for all property of any kind thet may be on the premises during the term of this lease, and, except for any negligence of the Lessor, the lessor shall not be liable to the Lessee or any other person for any injury. loss or damage to property or to any person on the premises. In the event that the demised premises or a major parl thereof are destroyed by storm or other casualty, the Lessor may, at its oplion, forthwith restore the demised premises ahts own-cost end expense. Rentel thereon will ce~se untfllhe completion of such restoration, If the demised premises cannot, after such casualty. be restored within ninety {90j days, Lessee may terminate the lease. upon giving written notice to Lessor. 11. EXPIRATION OF TERM. At the expiration of the term of this lease. the Lessee shall peaceably yield up to the Lessor the demised premises in good and tenantable repair. "is understood and agreed that the Lessee shall have the right to remove from the premises all personal property at the Lessee and all fixtures, machinerY. equipment, appurtenances, and appliances placed or inslalled on the premises by Lessee, provided thaJ the Lessee restores the premises to os goOd 0 state of repoir as they were prior to the removal. Lessee shall be solely responsible for eny hozardO'JS materials on the premise~. 12. SUBLEASE At"b ASSIGNMENT. rhe Lessee: shall nol subiel or assign 01: or any PO~l of the demised premises withoul prior written consent of the Lessor. provided, however. thai Lessee may assign the lease to an affiliate of Lessee without such consent upon giving notice to lessor of the assignment. ~.ti:" 13. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS. All the covenants, stipulations and agreements herein shall extend to and bind the legal representatives. successors and ossigns of the respective parties herelo. 4 14. WAIVER, The waIver by the Lessor of any breach of this lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant Imposed by this lease. 15. EARLY TERMINATION. The County shall hove the right, upon giving thirty (30) calendar days written notice to the Lessee of Its Infent to terminate thrs Agreement due to a breach of any of the Lessee's covenants under this Agreement. unless the Lessee shell COlTect the default or breach within that thirty (30) day period. Either PQrty may terminate this lease without cause upon giving ninety (901 days written notice to the other party. 16. RIGHT OF-INSPECTION. The County may enter upon the premises now or ~-'- hereafter leased to Lessee at any reasonable time tor any purpose necessary, incidental to, or connected with the performance of Its obligations hereunder, or in the exercise of its govemmental functions. 17. NOTICE. Notlces to the parties shall be sent by certified mail, postage prepaid, and addressed to the following: FOR COUNTY: Mayor and Chairman of the Board af County Commissioners Monroe County Courthouse P.O. Box 1680 Key West. FL 33040 18. TAXES AND ASSESSMENTS. FOR LESSEE: Tel Cablevlsion of Florida, Inc. General Manager 1 700 N. Roosevelt Blvd. Key West. Fl33040 COPY TO: Tel Southeast. Inc. Legal Deportment 2204 Lakeshore Drive Sulfe 325 Birmingham, Al 35209 Lessee shell pay 011 taxes and assessments which may be lawfuJty levied by a duly constituted taxing body with respect to the demised premises. 19. SURRENDER OF POSSESSION. Upon the expiration or other termination of this lease or any renewal thereof. Lessee's right to use the premises, facilities, rights, licenses, services and privileges herein leased shall cease and Lessee shall forthwith upon such expiration or termination sUlTender same in good repair, s 20. DISCRIMINATION. The Lessee, In exercising any of the rights or privileges herein granted to lessee, shall not discriminate or permit discrlmlnation against cny person or groups of persons on the grounds of race, color, sex, age. national origin, or any other basis prohibited by taw. 21. RENEWAL The lessee Is hereby granted the option to renew this lease If lessee obtains a franchise renewal uP9n renegotiated terms and conditions. If lessee desires to renew this lease under the provisions of this article, it sholl give lessor written notice thereof not less than ninety (90) days prior to the expiration of the term. Upon receipt of notice of Lessee'f intent to renew. County shall commence nagonatiom with lessee. Both parties sholl negotiote new terms and conditions In good fallh. This renewal option shall not be available if the County does not grant a new franchise to Lessee. ~ 22. AS IS. The lessee accepts the properly In "as-is" condi~ion and County shall not be obligated to repair, maintain, or renovate same. 23. GOVERNING LAWNENUE. This lease shall be govemed and construed In accordance with the laws of the State of florida. The venue on any action In this lease sholl be laid in Monroe County, Florida. and any action to determine the rights or obligations of the parties shall be brought in the Sixteenth Judiclol Circuit Court. 24, NO REPRESENTATION. County makes no representation, warranty, guarantee, or averment of any kind whatsoever concernIng the physical condition of the premises 01 the commencement of this term, and It is agreed that County will not be responsible for any loss, damage, or cost which may be incurred by lessee by reoson of any such physical condition. 6 '. '1 ~ . 'r' " (TCI/Long Key Lease] the day and year flrsi above written. IN WITNESS WHEREOF, the parties hereto have caused this lease to be executed as of {SEAL] ATIEST: DANNY L. KOlHAGE, CLERK By: ~~~:fAf-rr~ Dep Cler (SEAL) A TIEST: By: /~/&4Y Arthur Q.. DDha11 A~~stant Secretary ao/controcts/tcilong. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . .,.. ~eSw~~;.;F~ Mayor/Cblialrman ~~ Tel CABLEVlSION OF FLORIDA, INC. BY:~as{~rM;f Title: ExUCtlth/A Vice President 7