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08/15/1995 Lease J)annp 1.. }&olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 M~MQRAN.Q.QM BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 TO: Reggie Paros, Director of Public Safety FROM: Isabel C. DeSantis, Deputy Cler~ ~ ~. C. 1o,J. DATE: August 24, 1995 At the August 15, 1995 meeting, the Board granted approval and authorized execution of the following: 1. Agreement between Monroe County and R-Wave of Florida, Inc., for the maintenance of biomedical equipment for MSTD 5 in the amount of $1,600. 2. Agreement between Monroe County and R-Wave of Flori.da, Inc., for the maintenance of biomedical equipment for MSTD 6 in the amount of $3,800. 3. Agreement between Monroe County and Technical Dynamics, Inc., for the maintenance of biomedical equipment for the Lower and Middle Keys Fire and Ambulance District, in the amount of $5,571. Q) Interlocal Agreement between Monroe County and the Monroe County Mosquito Control concerning the use of tower space at three (3) translator sites. Attached hereto are duplicate originals of the subject documents for return to the contractors. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney County Administrator w/o document Risk Management w/o document JFinance Director File FILED F Of\ RECORD LEASE AGRE~~T AUG 24 P 1 :24 THIS INTERLOCAL AGREEMENT, made and entered into by and between Monroe County, Florida, herein called the County and Monroe County Mosquito Control District, herein called Mosquito Control District; WHEREAS, the County owns television translator towers, at the following locations: (1) Islamorada, coordinates 24-56-12.0 Nand 80-37-2.0 W; (3) Grassy Key, coordinates 24-45-35.0 Nand 80-57-22 W and Key West, coordinates 24-34-58.0 Nand 81-46-0.0 W, hereinafter referred to as the "towers"; and WHEREAS, both the County and the Mosquito Control District are desirous of placing certain antennae on the above-referenced towers; and WHEREAS, utilization of the towers will require a lease to the Mosquito Control District; and WHEREAS, the Mosquito Control District represents that placement and operation of a countywide mobile communications system composed of three VHF repeater stations and three control stations will not interfere with other users' communications equipment or operations, the structural integrity of the tower or the future communications plans of the County. NOW THEREFORE, in consideration of the mutual benefits and one dollar ($1.00) receipt acknowledged, it is mutually agreed as follows: 1. DESCRIPTION. The Mosquito Control District may use the tower space on the towers as described in Exhibit A. hereto. 2. MAINTENANCE AND REPAIRS. The Mosquito Control District will maintain and repair its equipment installed on the towers. 3. PERMITS. It will be the responsibility of the Mosquito Control District to obtain any permits necessary for installation and operation of its equipment on the towers. 4. INTERFERENCE. The Mosquito Control District shall conduct its communications and on-site operations in such a manner as will create no interference with other user's current and future planned operations. The County shall coordinate physical arrangements among the parties. The County shall have the final authority as to such arrangements. 5. ACCESS. The authorized employees and agents of the Mosquito Control District shall, at all times during the terms of this lease, have the right to enter upon the premises where any of their equipment is located and enjoy full and complete access, provided such access is made in such a manner as to create the least practical interference with others' operations. 6. UTILITIES. The Mosquito control District shall be responsible for its own utilities at the site. 7. TERM. The term on the lease shall be for the period of five (s) years. This lease may be renewed by agreement of both parties in writing. Either party may terminate the lease by giving at least thirty (30) days notice in writing. 8. ASSIGNMENT. This lease and the rights and premises hereunder may not be transferred, assigned or sub-leased in whole or part without written consent of the County. 9. REMOVAL OF PROPERTY. Upon termination of this lease, whether at the expiration of any term or by earlier cancellation as herein provided, the Mosquito Control District shall, at its own cost and expense, remove or cause to be removed its communications equipment. Upon such removal, the Mosquito Control District shall restore the premises to the same good order and condition as they were on the date this agreement was executed, normal wear and tear excepted. 10 NEGLIGENCE. Any liability of the Parties and any of their employees shall be as provided in Section 768.28, Florida Statutes. All damage caused by acts, omissions to act or negligence shall be restored by the Party causing same. 11. ALTERATIONS. The Mosquito Control District agrees not to make any alterations, additions, or improvements to the tower without written consent of the County. 12. CONSTRUCTION. This Agreement shall be interpreted and construed as a lease in accordance with the laws of the State of Florida. 13. WAIVER. The Parties agree that the waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by that same party. 14. SEVERABILITY. Any provisions of this Agreement in violation of the laws of the State of Florida shall be ineffective to the extent of such violation without invalidating the remaining provisions of this Agreement. IS. MISCELLANEOUS. The Parties shall have the right to incorporate into and make a part of this Agreement such conditions, changes, or modifications which are, or may hereafter become necessary to comply with any requirement or decision of the Federal Communications Commission (FCC) so as not to prejudice or cause the termination of any Party's FCC communications authorization. 16 . ENTIRE AGREEMENT. This Agreement contains the entire understanding between the Parties with respect to the subject matter hereof. This Agreement may not be changed orally. 17. AVAILABILITY OF FUNDS. Notwithstanding any provision herein to the contrary, this Agreement is subject to the availability of funds. 18. COOPERATION. Each Party shall cooperate with the other to utilize the premises for the purposes contemplated herein and to minimize interference to equipment and service. 19. SUCCESSORS. This Agreement shall bind the successors and assigns of the Parties. 20. EFFECTIVE DATE. This agreement shall become binding and effective on the date the latter party executes same. IN WITNESS HEREOF, the Parties have caused the Agreement to be signed, sealed, executed and delivered by their duly authorized officers, as of the day and year written below their names. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~-f;uC~A14- BY: SHIRLEY EEMAN, MAYOR DATE: OllIS' /95 , (SEAL ) ATTEST: DANNY KOLHAGE, CLERK ~c.~JI~ , MONROE COUNTY MOSQUITO CONTROL DISTRICT BY: DATE: c) EXHIBIT A MOSQUITO CONTROL 1. Islamorada site: Two six element VHF yagi mounted on north leg of tower; one at 225 ft. AG pointed west; one at 220 ft. AG pointed east. Fed by one 7/8" heliax. 2. Grassy Key Site: One six element VHF Yagi mounted on the south leg at 210 ft. AG pointed east; one six element VHF Yagi mounted on the west leg at 210 ft. AG pointed northwest. Fed by one 7/8" heliax. 3. Key West Site: Two six element VHF Yagi mounted on the north leg of tower; one at 135 ft. AG; one at 145 ft. AG, both pointed northeast, fed by one 7/8" heliax. One six element Yagi mounted on the east leg of tower at 145 ft. AG pointed northeast; fed by 7/8" heliax.