04/14/1999 Agreement
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BRANCH OPPlCE
3117 OVERSEAS HIGHWAY
MARATIiON, FLORIDA 33050
TEL. (305) 289-6021
PAX (305) 289-1145
CLERK OF IHE CIRCUIT COURT
MONROE COUNlY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33010
TEL. (305) 852-1145
FAX (305) 852-1146
x . NOR A . D U K
To:
Commissioner Nora Williams
District 4
Isabel C. DeSantis, Deputy Clerk \O.C.~
April 28, 1999
proa:
Date:
=====--=-====--==-=-==----=====~--=====--=-======================
As you know, at the Board of County Commissioner's meeting held
on April 14, 1999, the Board granted approval and authorized
execution of a Tower Use Agreement between Monroe County and the
Florida Department of Transportation for the tower location at
Tea Table FilIon US 1 at Mile Marker 79.2 Ocean Side.
Enclosed are two originals executed by Monroe County for your
follow-through with FOOT. Please be sure that one of the fully
executed origin.ls is returned to this office .s quickly..
possible.
Should you have any questions on this matter, please do not
hesitate to contact me.
I
cc: County Administrator
County Attorney
~ile
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TOWER USE AGREEMENT
FORM 750-040-01
TRAFFIC ENGINEERING - 04/93
- - .
State of Florida
OWNER Department of Transportation
605 Suwannee Street
Tallahassee, Florida 32399-0450
Monroe County
USER AGENCY Division of Emergency Management
10600 Aviation Boulevard
Marathon, Florida 33050
TOWER SITE . Tea Table Fill on US 1 at Mile Marker 79.2 on Ocean Side
Coordinates: 24-53-42.78 80-39-50.12
WHEREAS, User Agency desires to use a portion of said Tower Site for its communications system
antenna(s) to facilitate signal propagation for the purpose of enhancing Agency activities through radio
communications; and
WHEREAS, Owner desires to allow User Agency to use a portion of said Tower Site within the limitations
and subject to the conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the execution of this Tower Use Aareement, it is mutually
agreed between the parties hereto as follows:
1. Use of Premises
Owner hereby gives permission, revocable and terminable as hereinafter provided, to the User Agency
to enter the Tower Site premises for the purpose of using it for the improvements to its communications system
equipment and operations (hereinafter referred to as the "Improvements"). Said Improvements shall be located
so as to not interfere with any of the Owner's operations.
2. Fees
Unless otherwise specified herein, there will be no fee for use of this Tower Site unless an additional fee
or cost directly attributable to the User Agency is imposed on the Owner as a result of this agreement. In the
event that such a fee or cost is levied, the User Agency agrees to and will be required to be responsible for all
such fees.
3. Terms
The User Agency is required to renew this Tower Use Agreement every five (5) years. Renewal shall be
in the form of a letter from the User Agency to the Owner requesting the renewal of this Agreement and a
response from the Owner to the User Agency approving the renewal request. Failure to renew this agreement
is the responsibility of the User Agency and not the responsibility of the Owner. In the event that the User Agency
fails to obtain a renewal concurrence from the Owner, the User Agency will be allowed sixty (60) days to remove
all antenna(s), mounting hardware, transmission line(s) and equipment from Tower Site premises. Tower site shall
be made clean and undamaged from the removal process.
4. Access
The Owner shall provide the User Agency access to the Tower Site at all times for the uses authorized
herein.
FORM 750-040-01
TRAFFIC ENGINEERING - 04/93
Page 2 of 5
5. Maintenance
The costs of any maintenance and operation of Improvements shall be at the sole expense of the User
Agency.
6. Indemnification
User Agency agrees that to the extent permitted by law, it will indemnify, defend and hold harmless the
Owner and all of the Owner's officers, agents, and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, action,lneglect or omission by the User Agency, its agents, employees or
subcontractors while: (1) in the operation of the herein Tower Site premises or (2) failure of the User Agency to
observe and abide by any applicable law, ordinance, rule or regulation.
7. Insurance
User Agency is solely responsible for self insurance and shall be considered so by the Owner.
8. Interference
In the event the Owner determines that the operation of the Improvements by the User Agency caused
interference to transmission and/or reception of any other communications systems in use in the vicinity of the
Tower Site, the User Agency shall take all appropriate steps necessary to mitigate said interference within thirty
(30) days of receiving written notice.
9. Permits
User Agency is responsible for obtaining and paying the costs of all permits, licenses and/or other
approvals by any regulatory body having jurisdiction over the uses authorized herein.
10. Compliance
Should the User Agency fail or neglect to comply with any terms or conditions of this Tower Use
Agreement or to comply with any reasonable requirement of the Owner after thirty (30) days written notice and
demand, this Tower Use Agreement shall be subject to termination. In the event of such termination, User Agency
shall immediately remove any and all of its Improvements from the Tower Site described herein and surrender all
rights and privileges under this Agreement.
11. Limitations
This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions,
or obligations other than those contained herein, and this Agreement shall supersede all previous communications,
representations, or agreements, either verbal or written, between the parties hereto.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
12. Structural Analvsis
User Agency agrees to provide Owner with a structural analysis that indicates that the additional proposed
User Agency antenna(s), mounting hardware and transmission line(s) will not exceed the tower loading standards
as defined by the most current revision of the Electronics Industries Association specifications, RS-222.
FORM 750-040-01
TRAFFIC ENGINEERING - 04/93
Page 3 of5
13. Intermodulation Analvsis
User Agency agrees to provide the Owner with an intermodulation (Intermod) analysis of all the existing
and proposed receiver and transmitter frequencies, through the ninth (9th) order, that indicates that no harmful
interference to any existing or proposed receiver will result if the User Agency is allowed to use said Tower Site
as proposed herein.
14. Chapter 471. Florida Statutes
User Agency agrees that all submittals required herein will be signed and sealed by a qualified Florida
registered Professional Engineer (P.E.) in accordance with Chapter 471, Florida Statutes.
15. Standards Requirements
User Agency agrees to install all equipment in accordance with but not limited to Electronics Industries
Association (EIA), the Institute of Electrical and Electronic Engineers (IEEE) and National Electrical Code (NEC)
standards.
16. Surqe and Transient Protection Requirements
User Agency agrees to provide any and all surge and transient protection devices, including but not limited
to transmission line through-line protectors, power line primary and secondary protectors and telephone line
protectors.
17. Required Submittals
User Agency agrees to submit a complete plan of the proposed additional equipment installation to the
Department of Transportation Central Office in Tallahassee for approval and further agrees to meet or exceed any
and all plan requirements as delineated by the Department.
18. Unforeseen Problems
User Agency agrees that, if any unforeseen problems such as but not limited to structural overloading or
overstress to the Tower Site tower, or interference to any existing User Agency, or other environmental problems
were to occur, the User Agency will either correct, at the expense of the User Agency, any and all problems or the
User Agency agrees to, without delay, vacate the Tower Site.
19. Cost Responsibilitv
User Agency agrees to, unless stipulated otherwise herein, to be responsible for all costs for, but not
limited to, equipment installation, equipment removal, utilities installation, power usage and telephone circuit usage
such that the Owner will be left harmless and exempt of said responsibilities.
20. Suspension of Operations
User Agency agrees to suspend all operations and remove all antenna(s), mounting hardware,
transmission line(s) and other equipment from said Tower Site upon receipt of no less than a sixty (60) day written
notice to vacate said Tower Site. However, if the request to vacate is considered and stipulated an emergency,
the User Agency further agrees to cease and desist as stipulated in the emergency request.
FORM 750.{)40.{)1
TRAFFIC ENGINEERING - 04/93
Page 4 of 5
21. Regulatory Reauirements
User Agency agrees to operate, maintain and control all User Agency equipment in accordance with and
not in violation to any Federal Communications Commission (FCC), Federal Aviation Administration (FAA) or any
other empowered regulating body rules or laws.
22. Attachments
Attachment 1 of 1 - Site Reliluirements
FORM 750-040-01
TRAFFIC ENGINEERING - 04/93
Page 5 of 5
IN ~~SS WHEREIri,F. the parties hereto have caused this Agreement to be executed this /"7-tX
_ day of KI k I l!l!Ly
/V\ ON~f)G' c (; U (\J r- 'f DO C (~
Name of User Agency
By: ~":...~;j~~;:~\~~
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Title
Attest:
~ ~EAL)
O:;"U LI ,(e3~cretary
Attest:
(SEAL)
Executive Secretary
if Individual, furnish two witnesses:
Witness (1)
Witness (2)
FOR DEPARTMENT USE ONLY
APPROVED:
LEGAL APPROVAL:
c~({i4:&uL
Radio Communications
RECYCLED PAPE~ i
Attachment 1 of 1
Site Requirements
Tower Use Agreement
Florida DOT/Monroe County EMS
Tea Table Fill Tower
Site Requirements Tea Table Fill Tower
Pending a Notice to Proceed, the Monroe County Board of Commissioners are authorized to
operated a NOAA Weather Radio transmitter at the Tea Table Fill DOT tower site as follows:
A 100 watt continuous duty transmitter will be temporarily installed at the bottom of the
referenced tower:
Operating Frequency - 162.475 MHz
2 each, 140 watt TE System P A., 100 watts output, with forced air fan cooling
2 each 40 amp TPS power supplies
2 each T A451 stability exciters
Automatic Switchoyer system with local alarm
This transmitter will be relocated at a later date inside the DOT concrete equipment building
pending construction approval by the County of Monroe.
The antenna system will consist of:
1 DB 224E antenna with bottom brackets mounted at 225 feet AMSL.
7/8" Heliax Transmission line will connect the antenna to the transmitter
Heliax grounding kits installed at the top of the cable and the bottom of the tower