Item C29BOARD OF COUNTY COMIVIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October I S, 2003 Division_ Public Safety
Bulk Item: Yes X No
Department: Emergency Communications
AGENDA ITEM WORDING: Approval of License Agreement with Verizon Wireless for lease of
surplus antenna tower space on the County owned communications tower located in Key Largo.
ITEM BACKGROUND: A Request for Proposals was advertised for leasing of surplus antenna
tower space on the County owned Key Largo communications tower. Verizon Wireless was the only
bidder and has complied with the specifications of thb Request for Proposals. On August 20, 2003, the
Board of County Commissioners approved the awarding of the bid to Verizon Wireless. Verizon
Wireless has agreed to enter into a five year lease agreement for an annual fee of $20,000.00, with an
annual increase of 4%.
PREVIOUS RELEVANT BOCC ACTION: On March 19, 2003, the Board granted approval to
advertise a Request for Proposals for leasing of surplus antenna tower space on the County owned
communications towers in Key Largo and West Summedand Key. On August 20, 2003, the Board
granted approval to award the bid to Verizon Wireless for lease of surplus antenna space on the County
owned communications tower located in Key Largo.
CONTRACT/AGREEMENT CHANGES: This is a new agreement.
STAFF RECOMMENDATIONS: Approval `
TOTAL COST: N/A BUDGETED: Yes No N/A
COST TO COUNTY: N/A .
REVENUE PRODUCING: Yes X No
APPROVED BY: County Atty YES
DEPARTMENT DIRECTOR APPROVAL:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
SOURCE OF FUNDS: N/A
AMOUNT PER YEAR $20,000.00 + 4%
Annual Increase
ONVIB/Purchasing YES Risk Management __)XS
To Follow Not Required
DISPOSITION: AGENDA ITEM N
03
LICENSEE Site I.D.: Monroe County Tower, Site No. 62310
LICENSE AGREEMENT
This License Agreement (the "LICENSE AGREEMENT") is made and entered into
this day of . 2003, by and between MONROE COUNTY,
FLORIDA, whose address is 500 Whitehead Street, Key West, Florida 33040
(hereinafter referred to as "COUNTY") and VERIZON WIRELESS PERSONAL
COMMUNICATIONS LP d/b/a Verizon Wireless, with its principal office located at 180
Washington Valley Road, Bedminster, New Jersey 07921, (hereinafter referred to as
"LICENSEE").
- COUNTY is the owner of certain real property. (the "Real Property"), improved
with a guyed communications, tower ('Tower") and communications equipment facility
located at 11180 State Road 905, Key Largo, Florida (Latitude 25° 14" 07'. Longitude
80° 19' 35'), Legal Description (KEY LARGO: RE00082680, SECTION 10, TOWNSHIP
60, RANGE 40, ISLAND OF KEY LARGO, PT SE QUARTER OF NW QUARTER)
hereinafter referred to as the "Facility". COUNTY is willing to grant to LICENSEE,
individual tower space (the 'Tower Space'l designated as two hundred nineteen (219)
feet AGL, and related ground space (the "Ground Space'l, not to exceed 150 square feet
as more particularly described in Exhibit "A", for equipment, subject to the terms and
conditions set forth below. The Ground Space and the Tower Space are collectively
referred to as the "Premises". In consideration of the foregoing premises, the license fees
and mutual covenants contained herein, the parties agree as follows:
1. COUNTY hereby grants a license to LICENSEE to use, and LICENSEE
accepts the right to use such a license from COUNTY, the Premises, subject to the
terms and conditions of this LICENSE AGREEMENT. LICENSEE equipment in the.
Ground Space, shall be located as reflected in Exhibit "A , incorporated herein by
reference. This LICENSE AGREEMENT and LICENSEE's obligations hereunder are
contingent upon the LICENSEE receiving all permits, approvals and certificates
necessary and completing construction of the antennas and ground equipment as
proposed by the LICENSEE in the attached proposal and plans. LICENSEE shall use
the Premises for the purpose of constructing, maintaining and operating a
communications facility and uses incidental to the communications facility, consisting of
the placement of wireless communications equipment, mounting of antennas, and
installation of coaxial cables (between the wireless equipment and the antennas).
electrical utility service and fiber optic or telephone cables. Prior to construction or
installation of any equipment. whether in the Ground Space or on the Tower, LICENSEE
shall obtain written approval, signed by the County's Director of Communications, of the
specific construction or installation placement within the Premises. COUNTY also grants
to LICENSEE, non-exclusive right for ingress and egress. on foot or motor vehicle, —
including trucks, over the Real Property to the Premises, adjacent parking areas and
associated common areas from the nearest public right-of-way, 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 sighing 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.
2. LICENSEE must begin installation of its communications equipment on
the Premises within one month and finish installation within three months of the date
of issuance of the building permit. LICENSEE shall apply for building permits within
90 days of the execution of this LICENSE AGREEMENT. LICENSEE shall provide
COUNTY with written notice of the commencement date within ten (10) days preceding
the commencement of construction by LICENSEE and which written notice shall
become a part of this LICENSE AGREEMENT. From and after the commencement date,
LICENSEE shall pay to COUNTY an annual license fee of Twenty Thousand and 00/ 100
Dollars ($20,000.00), to be paid in equal monthly installments in advance plus any
applicable sales tax. on the commencement date, should the commencement date not
be on the first day of the month, the first month may be prorated. License 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
license fee payment date. License fee will be adjusted annually by a four (4%) percent
increase.
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 four (4)
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 license term.
If at the end of the fourth (4th) 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 Premises 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 understands and agrees, that at the execution of this LICENSE
AGREEMENT. LICENSEE is responsible to pay Sprint Spectrum, L.P. a one time co -
location fee of $79,126.94 (Seventy Nine 'Ibousand, Orie Hundred Twenty Six Dollars
and Ninety Four cents).
5. L_ICENSEE shall prepare, at its expense, all necessary drawings and
specifications for the installation of LICENSEE'S telecommunications equipment. which
COUNTY's Director of Communications 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 delivered written
objections to LICENSEE within ten (10) business days of COUNIY's receipt of such
drawings and specifications. This approval is not a substitute for building permit
which may be required by County Code Chapters 6 and 9.5. 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, LICENSEE 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 measurable interference with COUNTY'S or other existing
antennas and equipment on the Tower at the time of such installation. All disputes
regarding interference whether caused by the COUNTY. LICENSEE or other tenant(s)
and/or user(s) of the Tower and Facility shall be resolved pursuant to the terms and
provisions of that certain interference agreement attached hereto as Attachment "I" (the
"Interference Agreement"). COUNTY agrees that prior to allowing any additional
tenant(s) or user(s) to co -locate on the Tower and in the Facility, such tenant or user
must join in and agree to be bound by the Interference Agreement.
8. LICENSEE and COUNTY do hereby agree that this Agreement is non-
exclusive as to the Facility (but exclusive as to the Ground Space and Tower Space) and
that the COUNTY may license future additional wireless antennas or equipment for the
purpose of wireless communications on the Tower, provided that the (i) new licensees
antennas or equipment do not cause measurable interference with the then existing
antennas and equipment of COUNTY, LICENSEE and other tower users and (ii)
structural capacity of the Tower 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. Subject to the limitations set
by Florida Statutes 768.28, 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.
Facility 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 equipment. antennas and/or
coaxial transmission lines or related equipment from the Premises in connection
therewith, unless required by law.
11. Except for the negligence and willful misconduct of the COUNTY, its
employees, agents and contractors, LICENSEE covenants and agrees to indemnify and
hold harmless Monroe County Board of County Commissioners from any and all claims
for bodily injury (including death), personal injury. and property damage (including
property owned by Monroe County) and any other losses, damages. and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of the
LICENSEE utilizing the property governed by this LICENSE AGREEMENT. The extent of
liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this LICENSE AGREEMENT. Except for the negligence and
willful misconduct of LICENSEE, its employees, agents and contractors, and subject to
the limitations set by Florida Statutes 768.28, COUNTY shall indemnify and hold
harmless LICENSEE from any and all claims for bodily injury (including death),
personal injury, and property damage and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of the
COUNTY utilizing the Real Property, the Tower and/or the Facility.
Whether the cause of any damage, loss, or liability is insurable, insured
or not insured, foreseen or unforeseen. neither party hereto nor its representatives,
agents, contractors, subcontractors, invitees or licensees shall in any event be liable to
the other party or its representatives, agents, contractors, subcontractors, invitees or
licensees for claims for anticipatory profits, consequential, incidental, exemplary,
punitive, or any indirect damages of any nature arising at any time, from any cause
whatsoever, whether arising in tort, contract; warranty, strict liability: by operation of
law, or otherwise, even if by such party's, its representatives'. agents'. contractors',
subcontractors', invitees' or licensees' negligence or fault, connected with or resulting
from performance or non-performance under this LICENSE AGREEMENT or as a result
of the construction, maintenance, operation or use of the Property, the Premises, the
Tower, the Facility, or the right of way granted hereunder by either party.
12. LICENSEE shall procure and maintain insurance as contained in Exhibit
"B" To the extent permitted by law, the parties hereto hereby waive any and all rights
of action for negligence against the other which may hereafter arise on account of
damage to the Premises, the Tower, the Facility or the Real Property, resulting from any
fire, or other casualty of the kind covered by standard fire insurance policies with
extended coverage, regardless of whether or not, or in what amounts, such insurance is
now or hereafter carried by the parties hereto, or either of them. Provided LICENSEE
maintains a net worth equal to at least 25 million dollars, COUNTY agrees that
LICENSEE may self insure against any loss or damage which could be covered by the
General Liability Insurance set forth in Exhibit "B". COUNTY hereby stipulates that it is
a state governmental agency as defined by Florida statutes, and represent to LICENSEE
that it has purchased suitable public liability, vehicle liability and workers
compensation insurance, or is self -insured in amounts adequate, to respond to any and
all claims within the limitations of Sections 768.28 and 440 of the Florida Statutes,
arising out of the activities governed by this LICENSE AGREEMENT.
13. Subject to the limitations set by Florida Statute 768.28, COUNTY shall
be responsible for the clean-up of any on -site hazardous waste existing prior to the date
of this LICENSE AGREEMENT or hereafter caused by the COUNTY 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, 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 damaged (so
that LICENSEE may not operate its 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 its 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 this
LICENSE AGREEMENT shall recommence at that point in time as if this LICENSE
AGREEMENT had just been approved by the parties hereto. In the event that due to
such damage or destruction, LICENSEE's use of the Premises is disrupted, license fee
due hereunder shall abate in full pending restoration or repair of the Premises;
provided, however, if LICENSEE's use of the Premises is disrupted for more than forty-
five (45) days, then LICENSEE shall have the right to terminate this LICENSE
AGREEMENT.
15. If the whole of the Real Property, Facility and/or Tower or such portion
thereof as will make the Premises unusable for the purposes herein (as determined by
LICENSEE), are condemned by any legally constituted authority for any public use or
purpose, then in either of said events LICENSEE shall have the right to terminate this
LICENSE AGREEMENT as of the time when possession thereof is taken by public
authorities, and license fee 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, provided, -however, if
LICENSEE's use of the Premises is disrupted for more than forty-five (45) days as a
result of such lesser condemnation, then LICENSEE shall have the right to terminate
this LICENSE AGREEMENT. Nothing in this provision shall be construed to limit or
affect L.ICENSEE's right to an award of compensation of any eminent domain
proceeding for the taking of LICENSEE's interest hereunder, business damages related
to loss of its antennas and equipment, and relocation costs.
16. Should LICENSEE fail to fulfill any of its covenants under this LICENSE
AGREEMENT, County shall provide written notice of said default. Upon receipt of such
default, LICENSEE shall cure or remedy said default within sixty days of said notice, or
shall, within ten business days thereof, give written notice to COUNTY that LICENSEE
cannot reasonably cure or remedy the default, either at all, or within the 60 days. If
additional time is reasonably required in order to cure said default, County shall not
unreasonably withhold permission to cure the default with due diligence over such time
as County may at that time specify. Should LICENSE fail to cure or remedy said default
within said sixty day period (or such extended period granted by the COUNTY 'pursuant
to the preceding sentence), then COUNTY shall have the right to terminate this
LICENSE AGREEMENT. LICENSEE shall remove its property as required upon
termination pursuant to the paragraph below.
17. LICENSEE, shall, within ninety (90) days' after the termination of this
LICENSE AGREEMENT, remove its personal property and fixtures and restore the
Premises to its original condition, reasonable wear and tear and casualty loss excepted.
If LICENSEE remains on the Premises after the termination of this Agreement.
LICENSEE shall pay the license fee calculated on a pro-rata basis until such time as
the removal of personal property and fixtures are -completed. COUNTY agrees and
acknowledges that all of the equipment, fixtures and personal property of LICENSEE
shall remain the personal property of LICENSEE and LICENSEE shall have the right to
remove the same, whether or not said items are considered fixtures and attachments to
real property under applicable law.
18. This LICENSE AGREEMENT may be sold, assigned or transferred by the
LICENSEE without any approval or consent of the LICENSOR to the LICENSEE's
principal, affiliates, subsidiaries of its principal or to any entity which acquires all or
substantially all of LICENSEE's assets in the market defined by the Federal
Communications Commission in which the Property is located by reason of a merger.
acquisition or other business reorganization. As to other parties, this LICENSE
AGREEMENT may not be sold, assigned or transferred without the written consent of
the LICENSOR which such consent will not be unreasonably withheld or delayed. In
the event of such merger, acquisition or other business reorganization, LICENSEE shall,
within a reasonable period of time after said event. notify COUNTY of name, address,
and contact of successor entity.
19. COUNTY covenants that COUNTY is seized of good and sufficient title
and interest to the Real Property 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 there are no covenants,
easements, restrictions or agreements binding on COUNTY or the Real Property that
would prevent the use of the Premises by LICENSEE as set forth in this LICENSE
AGREEMENT. and that the Tower, Facility and the Real Property is in compliance with
all applicable laws.
20. LICENSEE, at LICENSEE's option and expense. may record a short form
--- - memorandum of this LICENSE AGREEMENT . and obtain title. insurance on the
Premises and/or Real Property. COUNTY, 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 COUNTY covenants that LICENSEE, on paying the license fee and
performing it's obligations under this LICENSE AGREEMENT will peaceably and quietly
have, hold and enjoy the Premises and all other rights granted herein.
22. All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, or by commercial courier,
provided the courier's regular business is delivery service and provided further that it
guarantees delivery to the addressee by the end of the next business day following the
courier's receipt from the sender, addressed to each party as follows:
LICENSOR: Monroe County Communications Department
Director of Communications
10600 Aviation Boulevard
Marathon, Florida 33050
Monroe County
County Attorney
P.O. Box 1026
Key West, Florida 33041-1026
LICENSEE: Verizon Wireless Personal Communications LP
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 0792 1-
Attention: Network Real Estate
Notices shall be effective upon mailing or delivering the same to a commercial
courier, as permitted above.
23. This LICENSE AGREEMENT shall extend to and bind the heirs, personal
representatives, successors and assigns of the parties hereto.
24. 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.
25. This LICENSE AGREEMENT and the performance thereof shall be
governed, interpreted. construed and regulated by the laws of the State of Florida.
26. 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. Venue for
any action arising under this LICENSE AGREEMENT must be in a court of competent
jurisdiction in Monroe County, Florida.
27. This LICENSE AGREEMENT constitutes the full agreement and
understanding of both PARTIES, and no verbal or oral agreements, promises or
understandings shall be binding upon either the COUNTY or LICENSEE in any dispute,
controversy or proceeding at law, and any addition, variation or modification to this
-- LICENSE AGREEMENT shall be void and ineffective unless made in writing and signed
by the parties hereto. In the event any provision of this LICENSE AGREEMENT is
found to be invalid or unenforceable, such finding shall not effect the validity and
enforceability of the remaining provisions of this LICENSE AGREEMENT. The failure of
either party hereto to insist upon strict performance of any of the terms or conditions of
this LICENSE AGREEMENT or to exercise any of its rights under this LICENSE
AGREEMENT shall not waive such rights and such party shall have the right to enforce
such rights at any time and take such action as may be lawful and authorized under
this LICENSE AGREEMENT, either in law or in equity.
28. Notwithstanding anything to the contrary contained herein, and provided
LICENSEE is not in default hereunder and shall have paid all rents and sums due and
payable to the COUNTY by LICENSEE, LICENSEE shall have the right to terminate this
LICENSE AGREEMENT upon each annual anniversary of this LICENSE AGREEMENT
provided that three (3) months prior notice is given the COUNTY.
29. Should the COUNTY, at any time during the term of this ' LICENSE
AGREEMENT, decide to sell all or any part of the Real Property to a purchaser other
than LICENSEE, such sale shall be under and subject to this LICENSE AGREEMENT
and LICENSEE's rights hereunder, and any sale by the COUNTY of the portion of the
Real Property underlying the right of way herein granted to LICENSEE shall be under
and subject to the right of the LICENSEE in and to said rl$ht of way.
30. The provisions of this LICENSE AGREEMENT relating to indemnification
from one party to the other party shall survive any termination or expiration of this
LICENSE AGREEMENT. Additionally, any provisions of this LICENSE AGREEMENT
which require performance subsequent to the termination or expiration of this LICENSE
AGREEMENT shall also survive such termination or expiration.
31. The parties hereto agree that this LICENSE AGREEMENT and
LICENSEE'S obligations hereunder are contingent upon LICENSEE receiving all
permits, approvals and certificates (collectively the "Governmental Approvals") that may
be required by any federal, state or local authorities as well as satisfactory soil boring
tests which will permit LICENSEE to use and occupy the Premises as set forth herein.
COUNTY shall cooperate with LICENSEE in its effort to obtain such approvals and shall
take no action which would adversely affect the status of the Real Property with respect
to the proposed use by LICENSEE. In the event that any of such applications for such
Governmental Approvals should be finally rejected or any Governmental Approval
issued to LICENSEE is canceled, expires, lapses. or is otherwise withdrawn or
terminated by governmental authority or soil boring tests are found to be unsatisfactory
so that LICENSEE in its sole discretion will be unable to use the Premises for its
intended purposes or the LICENSEE determines that the Premises is no longer
technically compatible for its intended use. LICENSEE shall have the right to terminate
this LICENSE AGREEMENT.
32. In the event this LICENSE AGREEMENT is terminated for any reason
(other than for LICENSEE's failure to cure a default), COUNTY agrees to pay LICENSEE,
within thirty (30) days after said termination date, any unaccrued portion of the annual
license fee prepaid by LICENSEE. The obligation of COUNTY under this paragraph
shall survive termination of this LICENSE AGREEMENT.
33. Notwithstanding the fact that a license is normally revocable at will by
the grantor, the parties hereto agree that this LICENSE AGREEMENT is not revocable
at will and can only be terminated in accordance with the provisions of this LICENSE
AGREEMENT or as a result of a default that is not cured within any applicable notice
and cure period set forth in this LICENSE AGREEMENT.
[Remainder of Page Left Blank, Signature Page to Follow]
SEP-30-03 08=SS FROM=MONRO£ COUNTY ATTY OFFICE ID=3052923S16
PAGE 1/1
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
in the presence of:
Print Name:
Print Name:
Signed, sealed and delivered
in the presence of
„ hi
COUNTY:
MONROE COUNTY, FLORIDA,
a political subdivision of the
State of Florida
By
Print Name:
Title:
MONROE COUNTY ATTOFlr'.
PPROvc,j
SUZANNE A. HUTTON-
ASSISTiIidjrAU 37 iA RNEY
ldCE1gSEE:
Verizon Wireless Personal
Communications LP
d/b/a Vernon Wireless
Name: H . Bower
'Title: Area Vice president.
Network, South Area
ATTACEGMENT "I"
INTERFERENCE AGREEMENT
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, and in
accordance to any County, State or Federal laws and regulations.
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. LICENSEE or user responsible for the interference will within 24 hours
begin all steps necessary to correct and eliminate the interference at their expense;
provided, however, LICENSEE will not be responsible for curing the interference if the
equipment being interfered with was installed at the Facility after the date of
LICENSEE's equipment causing the interference.
5. Should the interference not be minimized within 72 hours or eliminated
within 30 days, LICENSEE may elect to terminate this LICENSE AGREEMENT. In the
event LICENSEE desires not to terminate this LICENSE AGREEMENT, COUNTY hereby
grants and assigns to LICENSEE the right, but not the obligation, to take any and all
action permitted under the agreement between COUNTY and the entity responsible for
such interference, or otherwise available in law or equity, to require said entity to
immediately eliminate any interference to LICENSEE's equipment.
As to LICENSEE's initial installations, LICENSEE has satisfied itself and hereby
represents and warrants to COUNTY that LICENSEE's initial installations will not cause
measurable interference with the antennas and equipment existing on the Tower as of
the date of this LICENSE AGREEMENT. LICENSEE agrees to indemnify, hold harmless
and defend COUNTY against any damage, including attorney's fees, arising out of such
interference with respect to antennas and equipment which are in use as of the date of
this LICENSE AGREEMENT.
END OF ATTACHMENT "I"
EXHIBIT "A"
THE PREMISES
Antenna and Cable Specification
With Mounting Drawing
Ground Space Drawings
With Plans
SEE ATTACHED
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EI=IT "B"
LICENSEE'S INSURANCE REQUIREMENTS
GENERAL LIABILITY
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this LICENSE AGREEMENT,
LICENSEE shall obtain General Liability Insurance. Coverage shall be maintained
throughout the term of the LICENSE AGREEMENT 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:
$2,000.000 Combined Single Limit (CSL)
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 LICENSE AGREEMENT. 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.
VEHICLE LIABEUTY
INSURANCE REQUIREMENTS
Recognizing that the work govemed by this LICENSE AGREEMENT requires the use of
vehicles, LICENSEE, prior to the commencement of work; shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the term of this LICENSE
AGREEMENT and include, as a minimum, liability coverage for:
• Owned, Non -Owned, and Hired Vehicles -
The minimum limits acceptable shall be:
$2.000,000 Combined Single Limit (CSL)
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this LICENSE AGREEMENT,
LICENSEE shall obtain Workers' Compensation Insurance with limits sufficient to
respond to Florida Statute 440.
In addition, LICENSEE shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of this LICENSE
AGREEMENT.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If LICENSEE has been approved by the Florida's Department of Labor, as an authorized
self -insurer, the COUNTY shall recognize and honor LICENSEE's status. LICENSEE
may be required to submit a Letter of Authorization issued by the Department of Labor
and a Certificate of Insurance regarding LICENSEE's Excess Insurance Program.
If LICENSEE participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition. LICENSEE may be required to submit updated financial
statements from the fund upon request from the COUNTY.
END OF EXHIBIT "B"
Prepared By and Returned To:
Robert M. Motes, Esq.
Holland & Knight LLP
One East Broward Boulevard
Suite 1300
Fort Lauderdale, Florida 33301
Licensee Site LD.: Monroe County Tower, Site No. 62310
SHORT FORM OF LICENSE AGREEMENT
This Short Form of License Agreement ("Memorandum") is made this _ day of
, 2003, between MONROE COUNTY, FLORIDA, whose address is 500
Whitehead Street, Key West, Florida 33040, hereinafter designated COUNTY and VERIZON
WIRELESS PERSONAL COMMUNICATIONS LP d/b/a Verizon Wireless, a limited partnership
of the State of Delaware, with its principal offices at 180 Washington Valley Road, Bedminster,
New Jersey 07921, hereinafter designated LICENSEE.
1. COUNTY and LICENSEE entered into that certain License Agreement ("License
Agreement") on . 2003-for a term of five (5) years with the right to renew for
four (4) additional five (5) year terms plus automatic one (1) year renewals thereafter unless
terminated in accordance with the terms of the License Agreement.
2. In consideration of the license fees set forth in the License Agreement, COUNTY
hereby grants a license to LICENSEE to use, and LICENSEE accepts the right to use such a
license from COUNTY, the Premises (as described in Exhibit B attached hereto), subject to the
terms and conditions of the License Agreement. LICENSEE shall use the Premises for the
purpose of constructing, maintaining and operating a communications facility and uses incidental
to the communications facility, consisting of the placement of wireless communications
equipment, mounting of antennas, and installation of coaxial cables (between the wireless
equipment and the antennas), electrical utility service and fiber optic or telephone cables.
COUNTY also grants to LICENSEE, non -exclusive —night for ingress and egress, on foot or motor _
vehicle, including trucks, over the Real Property (as described in Exhibit A attached hereto) to the
Premises, adjacent parking areas and associated common areas from the nearest public right-of-
way, 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. 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.
3. The License Agreement is effective as of the date set forth in Paragraph I above and the
term of the License Agreement commences as set forth in the I..icense Agreement. A copy of the
License Agreement is on file in the office of the COUNTY and LICENSEE.
4. The terms, covenants and provisions of the License Agreement am hereby incorporated
into this Memorandum, and such terms, covenants and provisions shall extend to and be binding
upon the respective executors, administrators, heirs, successors and assigns of COUNTY and
LICENSEE.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals on the day and year first above written.
Signed, scaled and delivered
in the presence of:
Print Name:
Print Name:
Signed, staled and delivered
in the presence of
I 1 P.! „ .:..
COUNTY:
MONROE COUNTY, FLORMA,
a political subdivision of the
State of Florida
By:
Print Name:
Title:
MONROE COUNTY ATTORNEY
VEO AS TO 0
ANNE . ON
ASS15TAN" G UNTY RMY
Dita
LICENSEE:
Verizon wireless Personal
Communications LP
d/b/a Verizon Wireless -
By:
Name: Howard H. Bower
Title: Area Vice President,
Network, South Area
STATE OF )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2003, by , the of MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf of said County.
He/She is personally known to me or has produced
as identification.
Notary Public:
Name of Notary Printed:
My commission expires:
My commission number is:
-STATE OF )
SS.
COUNTY OF )
(NOTARY SEAL)
The foregoing instrument was acknowledged before me this day of
, 2003, by Howard H. Bower, as Area Vice President, Network, South Area of
Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, a Delaware limited
partnership, on behalf of the limited partnership. He is personally known to me or has produced
as identification.
Notary Public:
Name of Notary Printed:
My commission expires:
My commission number is:
(NOTARY SEAL)
I.
I0.4:11:
Legal Description of Real Property
A part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Ten (10),
Township Sixty (60) South, Range Forty (40) East, Monroe County, Florida described as:
Commencing at the Northeast corner of said Southeast Quarter (SE 1/4) of the Northwest Quarter
(NW 1/4) of Section Ten (10); thence running at right angles Westerly fifteen (15) chains; thence
at right angles South Ten (10) chains; thence at right angles East fifteen (15) chains; thence at right
angles North Ten (10) chains to the PLACE OF BEGINNING.
IMA:IR
See Attached Site Plan of Premises
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