10/11/1989 Agreement
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SBTTLBIIBRT AGREEMENT
1. This Agreement is entered into by and between
Beacon Broadcasting Corporation (Beacon), P.O. Box 56993,
Jacksonville, FL 32241-6993, and The Board of County
Commissioners of Monroe County, Florida (Board), 500
Whitehead St., Key West, FL 33040.
2. Beacon has filed an application with the Federal
Communications Commission (FCC) for a construction permit for
a new low power television (LPTV) station to operate on
Channel 25 at Miami, Florida, FCC File No. BPTTL-890310UU.
The Board has filed an application with the FCC for a con-
struction permit to change the channel of TV translator
station W63AL at Marathon, Florida, to Channel 25, FCC File
No. BPTTL-890310WO. The FCC has found the two applications
to be mutually exclusive in that it is not possible for both
proposals to be effec-tuated without causing interference in
violation of the FCC's Rules. Accordingly, the FCC announced
that a choice would be made between the two applications in a
lottery, Case No. L89-2314, scheduled for August 23, 1989.
3. By letter of August 18, 1989, the Board, with the
concurrence of Beacon, requested the FCC to withdraw both
applications from the lottery, to permit time for negotiation
of a settlement.
4. The parties have determined that if the Board
amends its application to specify precise zero offset, the
applications ~will no longer be mutually exclusive. Moreover,
the engineering consultants to the parties have advised that
the applications are not mutually exclusive with applications
by any third party. Therefore, removal of the mutual
exclusivity between the applications should make it possible
for both to be granted by the FCC.
5. Therefore, to facilitate a grant of both
applications by the FCC, the parties agree as follows:
6. The Board will amend its application to specify
precise zero offset, with no change in its effective radiated
power, antenna pattern, antenna height, or transmitter loca-
tion. Such amendment will be filed with the FCC within five
business days after delivery of a copy of this Settlement
~greement signed by Beacon to Dian~L. Mooney, Esquire,
Counsel for the Board. Simultaneously with the amendment,
the Board will submit the attached Joint Petition to the FCC,
along with a copy of this Settlement Agreement.
7. Beacon agrees to reimburse the Board in the
amount of five hundred dollars ($500.00) for part of the
Board's expenses incurred in amending its application. Apart
from such reimbursement, each party shall bear its own ex-
penses in implementing this Agreement. No other considera-
tion has been or shall be paid or promised by either party to
the other or any of the other party's principals in return
for entering into or "implementing this Agreement. Rotwith-
standing Paragraph 6 hereof, the Board will not be required
to tender its amendment or the 'Joint Petition to the PCC
until it has received payment of the $500.00 from Beacon.
8. The parties each agree that other than the
Board's precise zero offset amendment, neither party will,
without the consent of the other, amend its application in
any respect, except as may be required by law or regulation
for reasons not within the control of the applicant, or
request any modification of construction permit after its
application has been granted, until the application of the
other party has been granted and such grant is final and
beyond administrative or judicial review.
9. The parties agree that the opportunity to have
the LPTV construction permits for which they have applied is
unique to each of them. Accordingly, the parties agree that
either party may, if aggrieved by a breach of this Agreement,
seek enforcement by means of an order of specific performance
in lieu of monetary damages.
10. Either party may terminate this Agreement and
request that its application be returned to pending status
and placed into a lottery if appropriate, upon written notice
to the other and without liability to the other, if the
terminating party's application has not been granted by six
(6) months after the date of submission of the Joint Petition
to the FCC or if either application is designated for hearing
by the FCC for any reason.
11. Each party agrees, at its own expense, to
vigorously pursue FCC approval of this settlement and grant
of their applications, except that neither party shall be
required to appear at or participate in a hearing unless the
other party agrees to pay its expenses including legal fees.
12. This Agreement may be executed in one or more
counterparts, each of which shall have the full force and
effect of an original but all of which shall be deemed one
and the same document.
" 13. ~o the extent not governed by federal law, this
Agreement shall be governed by the laws of the State of
Plorida applicable to transactions conducted entirely within
that state.
14. This Agreement represents the entire
understanding of the partes with respect to the subject
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matter hereof and may be altered or amended only in writing
signed by the party against which enforcement is sought.
15. Each individual executing this Agreement
warrants that he has the authority to legally bind the party
for which he has signed.
16. Notices from one party to the other shall be
deemed effective five business days after mailing if given by
first class United States mail, postage prepaid, evidenced by
a postal delivery receipt, and addressed to a party at its
address set forth above, with a copy to counsel shown on the
attached draft Joint Petition.
17. This Agreement shall become effective as of the
date on which the latter party to sign executes the
Agreement.
BEACON BROADCASTING CORP.
THE BOARD OF COMMISSIONERS
OF MONROE COUNTY
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By: C~.-L-(-<~~ P,,-
Title: (),. () -
<1 d ~ ';.~ 0j
Date: September I(~, 1989
By:
Title:
Date: September
, 1989
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..tter hereof and .ay be altered or amended only in writing
signed by the party again8t which enforcement is aouqht.
15. Bach individual executing this Agreement
warrant. that he has the authority to legally bind the par~y
for which he has signed.
16. Notices from one party to the other shall be
deemed effective five business days after mailing if given by
fir8t class United States mail, postage prepaid, evidenced by
a postal delivery receipt, and addressed to a party at its
address set forth above, with a copy to counsel shown on the
attached draft Joint Petition.
17. This Agreement shall become effective as of the
date on which the latter party to 8ign executes the
Agreement.
BEACON BROADCAsTING CORP.
THE BOARD OF COMMISSIONERS
OF MONROE COUNTY
... ~ J
By:
Title:
By: /?//~~4T
Title. Mayor/Chairman
Date: October 11-, 1989
(SEAL)
A TTE ST: DANNX ~ ~OLHAGE, Glerk
Date: September ___, 1989
By:
~t'.
BY AffrE=
Altornc~' '.I Office
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