Item U07BOARDOF COUNTY COMMSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20,2013 Division: County Administrator
Bulk Item: Yes X No ® Department:
Staff Contact Person Natileene Cassel X3580
AGENDA ITEM WORDING: Approval of License between Monroe County and New Cingular Wireless for space
on the county owned communication tower, space in a portion of a building on the site located at Mile Marker
32, US 1, Scout Key, Florida.
ITEM BACKGROUND: The License agreement was worked out between New Cingular, the County and MCSO.
The agreement allows New Cingular to place updated equipment the County owned tower; rent will be paid to
the County in the amount of $2,083.00 for the first year, in year two and each subsequent year the rent will
increase by 4%% over the previous year for a term of 10 years. It also provides for permitted uses of the tower,
approvals for maintenance and specifications during the tem of the license, termination, insurance,
indemnification and various other conditions.
PREVIOUS RELEVANT BOCC ACTION: On February 2154, 2007, the County and entered into an ILA with the
Monroe County Sheriffs office for consolidation and management of Emergency communications. Under this
agreement the MCSO will among other things act as the final decision maker for communications systems,
designs, purchases, training and maintenance on the communication towers and to communicate with the
County Attorney regarding contract issues. The County owns the land and the communication tower located at
MM32, US 1 Scout Key, and the payment of rent on the tower goes to the County.
RECOMMENDATIONS:STAFF Approval
TOTAL COST: -0- INDIRECT COST: -0- BUDGETED: Yes No
DIFFERENTIAL OF
COST TO f NSOURCE
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH $2,083 for one year and 41 2% increase for
subsequent years . This is a 10 year contract
APPROVED BY: County Atty ! OMB%Purch sing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION:
Revised 7/09P
CONTRACT SUMMARY
Contract with: New Cingular WIreless Contract #
Effective Date: 11-20-13
Expiration Date: 11-19-2023
Contract Purpose/Description:
Allow New Cingular Wireless to place updated equipment on Scout Key
communication tower and■rovide serivc-es to county, citizens and residents.
Contract Manager: Natileene Cassel 3580 County Adminis trator
for County
Administrator
(Department/S top #)
for BOCC meeting on 11-20-2013 Agenda Deadline: 11-5-2013
Total Dollar Value of Contract: $ $2083 Current Year Portion: $
month
increasing
yearly by
A I P) 01-
Budgeted? YesEj No F] Account Codes: --3ka-00 I 5(:;r—
Grant: $ n/a
County Match: $ n/a
ADDITIONAL COSTS
Estimated Ongoing Costs: $:O-/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Changes Date Out
Date In Needed Reviewer
Division Director Yes[j No[:]
Risk Management i Yes[] No[]
O.M.B./Purchasing , lj-�,, -3 Yes[:] NoU'
T�
County Attorney // �!3 Yes El Noo (Iaz_
Comments:
Slarkn S . Flanda
LICL:NSEE Cull Site Name; Bahia Honda KeyfRout ku
COUNTY Site Name: &out they
Fixcd Assci Nurnher 10 126620
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NEW CINGULAR WIRELESS
This LICENSE (the "LICENSE") is made dnd entered into this day of 2013,("Effective Date") by
and between BOARD OF COUNTY COMMISSIONERS FOk'M COUNTY, FLORIDA, whose addres-�
I 100 Simonton Street, Key West Florida 33040 ("COUNTY") and New Cingular Wireless PCS. LLC, a Delawari
limited liabty company, having a mailing address of 575 Morosgo Dr.,, Suite 13-F West Tower, Atlanta, GA.
30324 ('LICENSEE"),
WHEREAS, COUNTY currently owns that certain plot, parcel or tract of land
Scout Key (formerly known as West Surnmerland Key), and has a 911 address of 34211 Overseas
Highway, Big Pine Key, Florida 33043 (the "Property).
WHEREAS, COUNTY also currently owlts a free standing communications tower (the —rower) erected on the
Property; and
WHEREAS, the COUNTY and the Monroe County Sherifrs Office (MCSO) Interlocal Agreement dated February
21, 2007. and subsc-.?uent
the county.
WHEREAS, COUNTY is willing to license to
of the building and generator pad located at the Property ("the Building Space") and space on the Tower (the
"Tower Space`), (the Building Space and the Tower Space collectively known as the "Premises" and shall be shown
on Composite Exhibit 'A", which includes four drawings numbers C-1, C-2, C-3 and C4, attached hereto and
incorporated herein), subject to the terms and conditions set forth below; and
WHEREAS, LICENSEE wishes to lease from COUNTY the Premises to provide federally licensed
communications to its customers in the Florida Keys; and
WHEREAS, it is in the public interest that the COUNTY
the Florida Keys;
NOW THEREFORE, in consideration of the Mutual covenants and provisions contained herein, the parties agree
as follows:
1. f—R—EMISES.
The COUNTY owns that certain property located at Mile Marker 32, US 1, Scout Key (forTnerly known as
West Surnmerland Key); and has a 911 address of 34211 Overseas Highway. Big Pine Key, Florida 33043. The
LICENSEE is hereby granted the rights enumerated in this License to use approximately 330 square feet of the
designated portion of the building and generator pad located on the Property ("the Building Space") and space on
the Tower (the "Tower Space(the Building Space and the Fower Space collectively known as (lie "Premises" and
shall be shown an Composite Exhibit "A-, attached hereto and incorporated herein).
1 PERNITInED USE OF LICENSE.
(a) COUNTY hereby grants a license to LICENSEE and LICENSEE accepts the right to use such
Premises from COUNTY. subject to the terms and conditions of this License.
(b) Licensee understands and agrees that the Premises is managed by the Monroe County Sheriffs
Office (MCSO) Communications through an Interlocal License between the COUNTY and MCSO; and agrees to
comply with the direction of Monroe County Sheriffs Office (MCSO) Communications regarding the Premises.
Failure to do so shall constitute grounds for termination of this License pursuant to Section 7(g) of this license.
before beginning excavations to MCSO/County and receive permission to excavate, not to be unreasonably
withheld, conditioned or delayed . Excavation area shall be clearly marked prior to excavation. LICENSEE shall
contact www.callsunshine.OM or 811 three days prior to excavation.
(1) During the Term of this License, LICENSEE and its agents, engineers, surveyors and other
representatives will have the right to enter upon the Property to inspect, examine, conduct soil b d
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3. TERM.
(a) The term of this License will be Ten (10) years, ("Term") commencing on the Effective Date.
The Term will terminate on last day of the month in which the tenth (IO'h) annual anniversary of the Effective Date
occurs.
(b) Licensor and Licensee agree to renegotiate in good faith for one extension of the'rerm at ]east one
hundred eighty (180) days prior to the expiration of the existing Term,
(c) This License specifically denies the LICENSEE the Ability to holdover after the end of the stated
term. If LICENSEE remains in possession of the Premises after the termination of [his License then LICENSEE
will bedeemedlobetres isingan the OLJNTY shall have the ri
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4. RENT AND UTILITIES.
Cingular and - Monrroe County. 1 M 114VU d 11VURALM MICT-CMIng --LICC"Se Detween New
(b) In year two (2) of the Term, and each year thereafter, the monthly rent will be increased by four and
one-half percent (4 �i%) over Rent paid during the previous year.
(c) LICENSEE shall pay for all utilities, including but not limited to electricity, connected with the
permitted use at the rate charged by the servicing utility company. All charges payable under this License such as
utilities shall be paid by LICENSEE. LICENSEE shall be responsible for all costs and expenses relating to the
provision of electrical service to its communication equipment. LICENSEE's electrical service shall be separately
metered and LICENSEE shall be responsible for the cost of installation of such metcr. The bill for such services
shall be sent directly from the utty to the LICENSEE. COLNTY shall not be responsible for forwarding the bill to
LICENSEE.
(d) The provisions of this subsection shall survive the termination or expiration of this Licensc
(e) Licensor and Licensee hereby acknowledge and agree that pursuant to section 13 or the License
Agreement between the Licensor and Sprint dated March 21', 2001, as attached and made a part hereto as Exhibit
from any new licensee on the Tower, It has been agreed that the Development costs amount is $150,000 'and
Licensee shall pay $150,000 ("Capital Contribution") to Sprint within forty-five (45) days of the installation of
'--icensee's Communication Facility.
5. APPROVALS AND SPECIFICATIONS.
(a) COUNTY agrees that LICENSEE7S ability to use the Premises is contingent upon the suitability
of the Premises and Pro #4 for LICENSEE!s gegiJ111i rilli&6)". 4"o V J -&q 7.,arri TkV rd, ff-1,1-L I L Cnd;:C
for.its use of the Premises, including all costs and expense, including without limitation applications for zoning
variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the
"Government Agprovals*'), COUNTY has grovidcd Licensee with 1i ilctigy rega-
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placing equipment on the tower. LICENSEE warrants that by placing its equipment on the tower it accepts the
condition as acceptable for its use. COUNTY authorizes LICENSEE to prepare, execute and file all required
applications to obtain Government Approvals for LICENSEE's Permitted Use under this License but makes no
guarantees that LICENSEE will be pen-nitted for a particular use. Liability for the testing performed by the
LICENSEE shall be home by and be the sole responsibility of the LICENSEE.
(b) LICENSEE has the right to obtain, at LICENSEE's sole cost and expense, a title report or
commitment for a leaschold title policy from a title insurance company or its choice and to have the Property
surveyed by a surveyor of its choice,
(c) LICENSEE may also perform and obtain, at LICENSEE's sole cost and expense, soil borings,
percolation tests, engineering procedures, environmental investi, ation or other tests or r -C T i - lkL--
the Property, necessary to determine if LICENSEE's use of the Premises will be comp'atible with LICENSEE's
engineering specifications, system, design, operations or Government Approvals.
(d) LICENSEE shall prepam at its expense all necessary drawings and specifications for the
installation of LICENSEE's telecommunications
iapproval not to be unreasonably withheld.
6. MAINTENANCE.
LICENSEE will keep and maintain the Premises in good condition, reasonable wear and tear excepted,
COUNTY will maintain and
not have exclusive control, in good and suitable condition for their use, subject to reasonable wear and tear.
LICENSEE shall be res onsible for aiwoikift��TIA
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7. TERMINATION.
This License may be terminated as follows:
(a) By either party on thirly (30) days prior written notice, if the other party remains in default under
Section 14 of this License after the applicable cure periods;
M By LICENSEE upon written notice to COUNTY within thirty (30) days of the date of inability to
obtain license, approval, or permit, if Licensee is unable to obtain, or maintain, any required approval(s) or the
issuance of a license or permit by any agency, board, court or other governmental authority necessary for the
construction or operation of the Communication Faciliti, I as now or hereafter intendcdA)�j���e
determines, In its sole discretion that the cost of or delay in obtaining or retaining the same is commercially
unreasonabic;
(c) By LICENSEE, upon written notice to COUNTY within thirty (30) is of the date of title results
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the condition of the Premises is unsatisfactory for its intended uses;
(d) By LICENSEE upon on thirty (30) days prior written notice to of party for any reason or no
reason, at any time prior to commencement of construction by LICENSEE,
(i) Licensor shall promptly and no later than thirty (30) days after notice thereor provide Licensee
with written notice or ag claim, demiji, 111sill, oj 111i IiW kit IF, a,
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-�MPMES, S, 17, nses, or 12gal papers receiven in
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connection with such claim, demand, lawsuit, or the like;
(H) Licensor shall not settle any such claim, demand, lawsuit, or tile like without the prior written
consent of Licensee; and
the like, (i H) Licemor shall fully cooperate with Licensee in the defense or the claim, demand, lawsuit, or
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LICENSEE will carry, at its own cost and expense, the fIllowing insurance or self-insurance-,
(a) "All Risk' property insurance for its properryts replacement cost.
(b) Workers" Compensation Insurance as required by law-, and
(c) Commercial General Liabty (CGQ insurance with respect to its actties on the Properly, such
insurance to afford protection of Three Million Dollars,1 1 ilkF. combined _mry_qrm_wTJ
tile aggregate, providing coverage for bodily injury and property damage. There shall be no exclusion for property
in care, custody or control.
(e) LICENSEE shall provide to the COUNTY a certificate of insurance evidencing the coverage required
by this section within thirty (30) days of the Effective Date.
LICENSEE acknowledges that the COUNTY is self insured for liability purposes up to the waiver of
sovereign immunity caps as specified in Florida Statutes Section 786.28, and that no other liability coverage is
-equired of the CO&NTY.
9. INTERFERENCE
(a) LICENSEE agrees to comply with the COUNTY policy regarding interference as set out herein,
LICENSEE agrees to install radio equipment of a type and frequency, which will not cause interference wit�,
existing antennas, or equipment on the Tower at the time of such installation under this Section 9 of the License..
(b) LICENSEE shall operate the LICENSEE facilities in a manner that will not cause interference to
other leas" or licensees of the Property, provided that their installations predate that of the LICENSEE's facilities.
Under no circumstances shall LICENSEE operate its facilities now or in the future in a manner which interferes with
COUNTY, or other existing radio frequency user(s) on the Prop", as long as the existing radio frequency use�s)
operate and continue to operate within their respective frequencies and in accordance with all applicable laws and
regulations.
(c) All operations of LICENSEE, County and MCSO shall be in compliance with all Federal
Communications Commission ("FCC") requirements, as well as State and County requirements,
(d) LICENSEE agrees that it will not implement or continue the use of equipment that will cause or
has caused interference, or may cause interference in the future, as determined by MCSO in its We discretion, with
the frequencies used by first responders, including but not limited to law enforcement, emergency operations or their
homeland security partners, and other existing radio frequency user(s) on the Property, as long as the existing radio
frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all
applicable laws and regulations. Prior to the installation of anX eguigment oniV.
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CATIpTHERIF Men existing
on the Tower. In the event said intermodulation study indicates that said equipment will interfere or is likely to
interfere with any or the equipment existing on the Tower, LICENSEE will not procced with said installation,
LICENSEE shall be given notice when interference has occurred, shall take any and all steps to alleviate the
interference immediately, and shall work with MCSO to remedy The problem so that normal operations may be
restored as soon as reasonably possible.
(c) Subsequent to the installation by the LICENSEE in the Premises, COUNTY shall not permit Its
]cases or licensees or other users to inst4li new equipment on the Premises thereto owned or controlled by
COUNTY, if such equipment te causes interference with LICENSEE's operations. COUNTY agrees to take all
action necessary and reasonable to eliminate such interference within seventy-two (72) hours: (1) In the event
interference is caused by other licensees or users and the some is not cured within the aforesaid period, COUNTY
shall take all appropriate action to eliminate interference (except for intermittent testing to determine the cause of
such interference) until the interference has been corrected, (2) In the event COUNTY fails to comply with this
section. LICENSEE in addition to any other rights that it may have at law or in equity or seek injunctive relieve may
terminate this License May terminate this Liscense-
M In the event that COUNTY determines that it 1.5 LICENSEE who has caused or is causing the
interference, COUNTY will notify LICENSEE of the interference. If in the COUNTY's sole discretion LICENSEE
has not eliminated the interference within seventy-two (72) hours, LICENSEE shall cause operations to cease
(except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
If LICENSEE fails to comply with the COUNTY then COUNTY may terminate this License.
I foes hereby agree ftat LICF-VSEE wav
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or interfere with other Tower user's signals, antennas and equipment, and provided the structural capacity of the
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at the time of such modification,
11. INDEMNIFICATION.
The LICENSEE covenants and agrees to indemnify and hold harmless County and MCSO, their
Commissioners officers and employees from liaties, damages, losses and costs, including but riot limited to,
reasonable attorneys' fees, to the extent caused b the n-eg-licence, recklegne j - I f ler -0 -V
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Except for the indemnity obligations set forth in this License, and otherwise notwithstanding anyihing to
the cont th' A JCFN
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The extent of liability is in no way limited to, reduced, or Imened by the insurance requirements contained
elsewhere within this agreement- Should any claims be asserted against the COUNTY or MCSO by virtue of any
deficiency or ambiguity in the plans and specifications provided to the County, or MCSO by LICENSEF, the
LICENSEE agrees and warrants that he shall hold the County harmless and shall indemnify County and MCSO
from all losses occurring thereby.
12. DANIAGE,!CASIVALTY OR DENTRUCTIONMEREMISES.
(a) If LICENSEE or COUNTY or MCSO becomes aware by any means that damage or destruction
has occurred on the Premises, or common area or on the property, each party shall immediately notify MCSO
Communications ofthe damage.
(b) If the Tower should be totally or substantially destroyed, damaged, become unusable or dangerous
so that the LICENSEE may not operate its facilit■(em lated under this L'
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COU�TY agrees' to return to LICENSEE a pro rain portion of any prepaid rent.
(c) If damage or destruction occurs as a result of the LICENSEE'S use of the premises LICENSEE
shall take immediate action to stop further damage and shall be liable to COUNTY or other users for the damage,
destruction or interruption to service.
(d) Upon such termination, by COUNTY, LICENSEE will he entitled to be reimbursed for any prepaid
Rent on a pro rain basis. LICENSEE must provide written request ibr release of prepaid Rent. addressed to the
COUNTY and MCSO at the addresses in Sectio; 18, QjcY s-�all jjel"dr t
of rent. E LA-Criar-r- naS met Me contractual requirements to be entitled to the requested proration
(e) In the event that the casualty or damage renders the Premises unusable and COUNTY or LICENSEE
undertakes to rebuild or restore the Premises, as applicable, COUNTY agrees to permit LICENSEE to place
tempora transm ss on and rece tia
public safety and welfare. This temporary arrangement would not constitute cause for termination and all of the
terms and conditions of this License would remain in effect, including Rent. If COUNTY determines not to rebuild
ir restore the Premises, COUNTY will notify LICENSEE of such determination within ninety (90) days after the
casualty or other harm
13. DEFAULT A�[D CURE.
(a) If LICENSEE defaults in fulfilling any of the covenants of this License and such default shall contintiv
for sixt ' days after servit
default, or, if the said default so specified shall be of such nature that the same cannot be reasonably cured or
remediated 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 [hereafter diligently proceed to
completion, then in any one or more of such events this License will 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 License and
LICENSEE shall than quit and -surrender the Property to COUNTY as provided herein.
(b) If COUNTY defaults in fulfilling any of the covenants of this License and such default shall continue
for sixty (60) days afler service by LICENSEE of' written notice upon COUNTY -specifying the nature of said
default, orif the said default so specified shall be of such nature that the same cannot be reasonably cured or
temediated within such sixty (60) day period, if COUNTY shall not in good faith commence the curing or
rem � n; o 116such default W' Ll"Migiuvie--o i1461il
14. REMOVAL OF ]PERSONAL PROPERTY.
(a) All property located within the Premises which was brought onto the Premises, or common areas. by
LICFVSFF, I I -T
LICENSEE will be ang will rwW I
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o c Extent reasonable, rest
the Premises to its condition at tile commencement of the License, reasonable wear and tear and loss by casualty or
other causes beyond L I CENSEE 's control excepted.
(b) If such time for removal causes LICENSEE to remain on the Premises after termination of this
License, LICENSEE shall pay the license fee calculated on a pro rata basis until such time as the removal of
personal property and rixtures are completed, however. LICENSEE may not remain longer than one hundred and
twentp"I
termination LICENSEE forfcits its personal property lcft on the site and is liable to COUNTY for the cost and
expense of removal and disposal and flar holdover rent under section 3(c)
(c) LICENSEE agrees to be responsible for the removal of any property left in the "building space" by
the previous occupant, including the cost of said removal.
15. ASSIGNMENT.
LICENSEE shall not assign or transfer this License without the prior written consent of COUNTY, which
consent will not be unreasonably withheld, conditioned or delayed; provided, however, LICENSEE may assign or
transfer this License without COUNrY,s prior written consent to (i) LICENSEE's principal(s), affiliates,
subsidiaries of its principal(s) and affates or to any entity which acquires all or substantially all of
LICENSEE's assets in the market defined by the Federal Communications Commission (-FCC") in which the
Premises is I led b son of a merger ac ittisition or other bu
License. LICENSE shall have not sublease (lie Premises, in whole or in part, without consent of COUNTY as
approved by the Board of County Commissioners.
COUNTY covenants that it is seized of good and sufficient title and interest to the Premises and has full
authority to enter into this License.
17. QUIET ENJOYMENT.
COUNTY covenants that LICENSEE, on paying the license ree and performing the covenants, shall
peaceably and quietly have, hold and enjoy the Premises and all other rights granted herein.
is. NOTICES '.
All Notices hereunder must be in writing and shall be deemed validly given if sent by certirled mail, return
receipt requested, addressed to each party as set forth below:
X-efflul-17
(1) Monroe County Board of County Commissioners (2)
County Administrator
1100 Simonton Street
Key West, Florida 33040
LICENSEE.
(1) New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Cell Site #, is and Scout Key; Cell Site Name:
Fixed Asset No.10126620
575 Morosgo Dr.
13-F West Tower
Atlanta, GA 30324
Emergency Phone #877-53 8-2692
iTionroe County Sheriffs Office
Emergency Communications
10600 Aviation Blvd.
Marathon, Florida 33050
(MCSO available 8:00 AM to 5:00 PM
Monday to Friday at 305289-6035. and
(2) New Cingular Wireless PCS, LLC
Ann., Legal Department
Re., Cell Site #.- Bahia on Key, Cell Site Name. is Honda/ Scout Key (rL)
Fixed Asset No- 10126620
208 S. Akard Street
Dallas, Texas, 752024206
A covy sent to the Le al Dena-em-eTt iq ar..;a -11 . - 1i . tr iii 11 -fN1f(;;F
19. COMPLIANCE IVITH LAW.
In providing all services/goods pursuant to this license, the LICENSEE shall abide by all statutes,
ti-dinances, rules and regulation wrtainino to or repulatig the govisions oJ sNi
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written notice of termination to the LICENSEE-.
20. ENVIRONMENTAL.
(a) COUNTY represents that to the best of its knowledge (i) the Property, as of the date of this
License, is free of hazardous substances, including asbestos-conLaining materials and lead Daint. an rye Pro-ra-t
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activity conducted in or on the Property.
(b) Without limiting Section 11. LICENSEE shall 'Indemnify, defend and hold COUNTY harmless
from and against all Losses (specifically including reasonable attorneys' fees, and court costs) arising from (i) any
breach of any representation or warranty made in this Section 20 by LICENSEE, and/or (ii) errvironmental
conditions or noncompliance with any Environmental Law that result from operations in or about [he Property by
LICENSEE or LICENSEE'S a ents Cmolo
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independent contractors,
(c) In the event LICENSEE becomes aware of any hazardous substances on the Property, or any
environmental, health or safety condition or matter relating to the Property that, in LICENSEE's sole determination,
renders the condition of the Premises or Property unsuitable for LICENSEE's use, or if LICENSEE believes that the
leasing or continued leasing of the Premises would expose LICENSEE to undue risks. of liability to a government
agency or third -party liability. LICENSEE will have the right, in addition to any other rights it may have at law or in
equity, to terminate this License upon written notice to COUNTY,
21. ASSURANCE AGAINST DISCRIMINATION.
The LICENSEE shall not discriminate against any person on the basis of race, creed. color, national origin,
sex, age. or religion which is not job related I , in its recruiting, hiring, promoting. terminating, or any other area
affecting employment under this license or with the E,vision of services or oo6l under thi, license . I
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22. LICENSEE'S RESPONSIBILITY.
The LICENSEE warrants that it is authorized by law to engage in the performance of the activities
encompaised herein, subject to the terms and conditions set forth Ln these contract documents. LICENSEE shall w
all times exercise indcpcndentjudgmeni and shall assume responsibility for the services to be provided.
(a) Licensee shall at all times obtain and keep current any license required under Federal, State or Local
Ordinance, and shall require by contract that all contractors and subcontractors must obtain and keep
current licenses.
(b) Licensee shall notify in writing, or by phone COUNTY and MCSO 24 hour prior notice to entering the
Premises. Licensee agrees that only properly identified engineers, employees and contractors duty
authorized by Licensee or persons under their direct supervision as announced in the notice prior entering
will be permitted to enter the Premises. Such individuals will present identification to the COUNTY's and
MCSO's employee or representative on duty.
(c) Upon request of COUNTY or MCSO, LICENSEE shall provide complete accurate identification or all
persons who attempt to enter or have entered the premises on behalf of LICENSEE; and will keep an
accurate list of names, current addresses and telephone numbers of any persons who enter the premises an
behalf of the LICENSEE. MCSO shall have the right to refuse entry onto the premises until identification
of a and who the person represents is ven' fied by LICENSEE
23. GOVERNING LAWS, VENVEINTERPRETATION AND WAIVER QFJVRV TRIAL.
This License shall be governed by and construed in accordance with the laws of the State of Floridr,
applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or
-idministrative proceeding is instituted for the enforcement or interpretation of the license, the COUNTY and
LICENSEE agree that venue shall lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. Each Party, to the extent permitted by law., knowingly, voluntarily and intentionally
waives its hilit to a tfial b * W I . I - 1 11 . I . . -fi I
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24. INIEDIATION,
This License shall be not be subject to arbitration, rather disputes shall be subject to Mediation. Mediation
19 rocceding initiated jid 11 AJO _,
30. CLAIMS FOR FEDER 14 OR STATE AID. A
LICENSEE and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this License. provided that all applications, requests, grant Bids, and
funding solicitations shall be approved by each party prior to submission.
31. COOPERATION.
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this License, COUNTY and LICENSEE agree to participate. to the
extent required by the other party, in all proceedings, hearings, processes, meetings. and other activities related to
the substance of this License or provision of the services under this License. COUNTY and LICENSEE specifically
agree that no party to this License shall be required to enter into any arbitration proceedings related to this License.
32. COVENANT OF NO INTEREST.
COUNTY and LICENSEE covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance under this License, and that onl'y
interest of each is to perform and receive beriefits as recited in this License.
33. CODE OF ETHICS.
COUNTY agrees that officers and employees of COUNTY recognize and will be required to comply With
the standards of conduct for public officers and employees as delineated in Section 112,313, Florida Statues,
regarding, but not limited to, solicitation or acceptance of gifis; doing business with one's agency; unauthorized
compensation, misuse of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
34. VIOLATION OF LOBBYING ORDINANCE.
LICENSEE warrants that it has not employed, retained or otherwise had act on its behalf any former
County Officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County Officer or
employcein violation ofSection3 ofOrdinanccNo. 010-1990. For W, Ali
'M WWI oil"
1101111 full #11 lop 1011111141 114KOM
01-1;I . FIM arnir-M OF aFF1 ice� commission, percentage, gnt, or consideratioff-
paid to the former County Officer or employee.
35. NON-EXCLUSIVE LICENSE
LICENSEE does hereby agree that this License is non-cxclusivc and that the COUNTY may license future
additional antennas or equipment for the purpose of wireless communications on the tower from LICENSEE or
others and COUNTY has the ability to add or modify antennas on the tower, provided that any licens"s antennas do
not conflict with COUNTY's or other users antennas or equipment. LICENSEE further agrees that MCSO shall
make a determination, in its sole discretion whether LICENSEE'S or other user's proposed equipment is within the
structural capacity of the Tower.
36. PtJBLIC RECQMA!CCESS.
COUNTY and LICENSEE shall allow and permit reasonable access to, and inspection of, all documents,
papers, letter-, or other materials in its possession or under its control subject to the provisions of Chapter 119,
Florida Statues, and made or received by COUNTY and LICENSEE in conjunction with this License. and
COUNTY shaH have the right to unilateraliy cancel this License upon violation ofthis provision by LICENSEE.
37. NON -WAIVER OF IMMUNITV.
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation or COUNTY and the
LICENSEE in this License and the acquisition of any commercial liability insurance coverage, self-insurancc
coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by COUNTY be required to contain any provision for
waiver.
38. PRIVILEGES AND IMMUNITIES.
E All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of offic
agents or employees of any of any public agents or employees of COUNTY , when performing their respectl
V
i ,nd �r
0
ru f 0 Iei
functions under this License within the territorial limits of the County shall apply to the same degree and extent
the ncrformance of'such functions and duties of such
limits of the County.
39. LEGAL OBLIGATIONS AND RESPONSIBILITIES.
Non -Delegation of Constitutional or Statutory Duties. This License is not intended too. nor shall it
construe .,-Fffl -flity
except to the extent permitted by the Florida Constitution, state statute, and case law.
40. NON -RELIANCE BY NON -PA RTIES
No person or entity shall be entitled to rely upon the terms. or any of them, of the License to enforce
attempt to enforce any thirdparty claim or entitlement to or benefit of any service or program contemplate
hereunder, and COUNTY and LICENSEE agree that neither COUNTY nor LICENSEE or any agent, officer,
employee of either shall have the authorit to inform counsel or othe
in
to.. or superior to the community in general or for the purposes contemplated in this License.
41. SECTION HEADINGS.
Section headings have been inserted in this License as a matter or convenience of reference only, and it i
agreed that such section headings are not a pan of this License and will not be used in (fie interpretation of an
provision of this License.
42. ATTESTATION&
LICENSEE agrees to execute such documents as COUNTY may reasonably require, Including, but no
limited t. a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement.
43. NQ PERSONAL L1,VBILITY.
No covenant or license contained herein shall be deemed to he a covenant or license of any member.
officer, agent or employee of Monroe County or the Monroe County Sheriffs Office in his or her individual
capacity, and no member, officer, agent or employee of Monroe County or Monroe County Sheriffs Office shall bc
liable personally on this License or be subiect to any personal liability or
Koff 01",
44. EXECUTION IN COUNTFRPARTS.
This License may be executed in any number of counterparts, each of which shall be regarded as an
vrnal. all of which taken together shall constitute one and the same instrument any of the parties hereto may
cxecute this License by signing any such counterpart.
45. 'WARRANTIES.
COUNTY and LICENSEE each acknowledge and represent that it is duly organized,
validly existing and in good stan<Qrg
hereto throughthc p afty
other that the execution, delivery and performance of this License have been duly authorized by all necessary
COUNTY and corporate or individual action, as required by law.
46. RADON GAS.
In accordance with Florida Law, the following statement is hereby made: Radon is a naturally occurring
radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to
rversons who are exiaosed to it over tige. I evoic uiiiii ", I : f, e el
buildings in Florida, Additional information regarding radon and radon testing may be obtained from your county
health department,
47. AUTHORtV TO EXECUTE.
Execution by the LICENSEE must be by a person with authority to bind the entity. Sigmature of the person
executing the document must be notarized.
IN WITNESS WHEREOF IT4giv"— 22p j-d
four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an
ornal contract.
(SEAL)
Attest: Amy Heavilin, Clerk
By; Deputy Clerk
Date:
Witness ror LICENSEE:
1120 M N 1,101 9LVP111a &Wv OEM e ,
By:
Mayor
Date: