Item C28
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19-20. 2001
Division: Public Safety
Bulk Item: Yes X No
Department: Emergency Communictions
AGENDA ITEM WORDING: Approval ofa Lease Agreement between Elsie S. Marshall, Trustee and
Monroe County to house the Esatcom Satellite dish at a rate of $1 00.00 per month.
ITEM BACKGROUND: The State of Florida has installed a Esatcom Satellite dish behind radio station
WWUS, Big Pine Key, to enable the radio station to broadcast as part of the County's Emergency Alert System.
This communication is essential in the event ofthrea1 or harm to the citizens of Monroe County. The satellite dish
was installed prior to October 1, 2000 on real property owned by Elsie S. Marshall; however, the State of Florida
has communicated that they can not pay the monthly rental fee. As the satellite dish will benefit Monroe County
as an essential part of the emergency alert system, we are requesting approval to pay the cost involved to utilize
the property. There are funds available in the Emergency Communications budget to pay the monthly amount.
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $1.200.00 per year
COST TO COUNTY: $1.200.00 year
BUDGETED: Yes
No X
REVENUE PRODUCING: Yes
NoX AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
agement: Yes
APPROVED BY: County Attorney: Yes OMB/Purchasing: Yes
DEPARTMENT HEAD APPROVAL:
DOCUMENTATION:
Included X- To Follow
Not Required_
DISPOSITION:
AGENDA ITEM #J ..c.,,.,
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Elsie S. Marshall, Trustee Contract #
Effective Date: October 1, 2000
Expiration Date: continuous
Contract Purpose/Description:
A Esatcom Statellite Dish has been installed on a concrete pad approximately 10' x 10'
and is located on Elsie S. Marshall's property. The State supplied Satelitte Dish enhances
Monroe County's ability to effectively broadcast emergency alert information and warnings to
the public. This is part of the County's Emergency Alert System.
Contract Manager: G. Norman Leggett 6035 Emergency Communications
(Name) ~ (Ext. ) (Department/Stop #)
for BOCC meeting on 8/15/01 Agenda Deadline: 8/01/01
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesO
Grant: $
County Match: $
No~
$100.00 per Current Year Portion: $
month
Account Codes: 10501-530440-
$1200.00
----
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
----
CONTRACT REVIEW
Changes
~jbJfi Needed
Division Director ~I y esO No~
Risk Manage?tent 7-?,n"'D( YesO No~ .'
rJ4B~fpmiimg 6-;}A)1 YesDNoif~~~
~Attorney 7/2-f! YeSDNo~~ tlz.b
Comments: a 'cf
Date Out
JUL-13-01 109,13 rRGI1"'10r~ROE C()lINTY ATTY OFFICE 10'305282351B
PAGE
1/ J
l-eASE AGREEMENT
Marshall Property
"THIS CON1lUI.C"r OF LEASE is made and entered into on the day of
2001, by and betwe.en MONROE COUNTY, a political subdivision of the Stat~ of florida, whose address is
500 Whitehead Strut, Key West. fL 33040, hereinafter referred to as 'Lessu. or 'County" and ELSIE s.
MARSHALL, Trustee, whose address is 571 Croton Lanl!., Big PIne Key, FL 33043, here.i/lOft~r refured to OJ:
. Lessor"
WHERE^S, Lessor owns renl property occupied by a radio station, WWUS, at Mile Marker 30.3 Big
Pine Key, Monroe County, Florida, her~nafter referred to os -Marshall Property,. and
WHEREAS, Radio Station W\\'U:s was a vital source of cornmunicati"n during and immediately after
HLW'ricale Georges; and
WHERE.'\S, the State of Florida hos Installtd a satellite dish at R:!dio Station WWUS, Mar3hall
Property. to enable W!NU5 to broadcast as part of the. Emer9~CY Alert System; and
WHEREAS, the property ownel' allowed the Satellit~ dish to be installed with the e.xpectatiOfl that a
nominel sum of rent would be paid; and
WHEREAS, the State has communicated that it connot pay any rent for this purpose; nnd
WHEREAS, the County Comt(J~ion deems the enhancement of communication to the public in
emf.('9~ conditions of para!nOl.mt importance to the health, Safety and welfare of its citizens: now,
therefore,
IN CONSIDERA nON of the premises and of the mutual CO....Cl').Jl1ts and agreements herein
cohtained, and othu valuable. consider.:.tiohS, I-essor does hereby grant and lease lltlto County certain
pl'~mlse.s as follows:
1, PREMISES I-essor dod hereby lease to County, the real prope;~ty covered by a concrete pod
approximately 10' x 10' in size and Oflpi/ich is installed the ESA TeOM Satellite dish bdlind the Marshall
Building at MM 30.3, Big Pine Key, Monrlie County, Florida,
2. USE OF 5URROUNDD"'.;G PREMISES County and State shall be entitled to use. in cotnmon
with others authorized to do so, such access and parking faci/itit.$ which have been or may hereafter be
provided at or in connection with the Marshall Building for common U$e, in conducting any maintenance and
repairs necessary to the ESA TCOM S<iS~eilite dish and its t1\ounting pole,
3. TERM The term of this Iea.se shall Ix. continuou$ llltil termir .1ted by either party. me term
shall COmmence October 1 ,2000 ai"td may be tex'tninated by either party upon thirty (30) days prior
written notice.
4. RENT^L5 AND FEES During the term of thi~ lease, County ~hall pay to the lessor. rent in
the atnolTlt of $100.00 per month, payable in arrears. Monroe County I s Performance and
Obligation to pay under this contract is contigent upon an
annual appropriation by the B.O.C.C..
~"~~
.'
5. RIGHT OF INGRESS AND EGRESS County, its agents, employees, customers, suppliers, and
patrons shall have the right of ingress and egress to and from the leased premises, which shall not be
unreasonably restricted by Lessor.
6. ASSIGNMENT The premises leased hereunder may not be sublet and this lease may not be
assigned without the written consent of the Lessor, not to be unreasonably withheld.
7. INDEMNIFICA nON/HOLD HARMLESS County agrees to indemnify and save Lessor harmless
from and against all claims and actions and expenses incidental thereto, arising out of damages or the cost of
defending claims for damages resulting from the negligence of County, its agents, or employees in the use or
occupancy of the leased premises, subject to the statutory limitations of FS 768.28.
8. VENUE for any litigation arising under this lease must be in a court of competent
jurisdiction in Monroe County, Florida.
9. FEDERAL AND STATE LAW The parties shall comply with any and all applicable federal and
state statutes.
IN WITNESS WHEREOF, the parties have caused this lease to be executed the day and year first
written above.
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
LESSOR
Witnesses
\:)
~~ ~. ~ - -" (\~ ~ ~-
By ~\. 0~~1 ~
Elsie S. Marshall, Trustee
J dleaseMarshall