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Resolution 130A-1993 ~'I EO. r' '"r '," "(1",'- r I J ~ _ t-; i t~ r~" I- . ',,) ~., '93 APR 13 PJ2 :03 Public Safety '\'f" RESOLUTION NO. 130A_1993 CLl" ,If;: I, A~'O~~s<5f:.~i~tfU'OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR OF MONROE COUNTY, FLORIDA, TO SIGN AND EXECUTE ON BEHALF OF MONROE COUNTY AN INTERLOCAL AGREEMENT WITH THE DADE COUNTY SCHOOL BOARD FOR THE USE OF THE T. V. TRANSLATOR TOWERS BY WLRN PUBLIC RADIO. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to sign and execute on behalf of Monroe County an inter1oca1 agreement, a copy of which is hereby attached and incorporated by reference, with the Dade County School Board for the use of the County's television translator towers by WLRN Public Radio. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 24th day of March , 1993. Mayor London Mayor Pro Tern Cheal Commissioner Harvey Commissioner Freeman Commissioner Reich yes yes yes yes yes (SEAL) Attest: DANNY KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~ G. 1lw~ Deputy Cl~ viwlrn TFASE AGREEMENT THIS INTERLOCAL AGREEMENT, made and entered into by and between Monroe County, Florida, herein called the County and WLRN Public Radio, acting through the School Board of Dade County, herein called the School Board, pursuant to Section 163.01, Florida Statutes; WHEREAS, the County owns five television translator towers, at the following locations: (1) North Key Largo, coordinates 25-14-7.0 Nand 80-19-35.0 W; (2) Islamorada, coordinates 24-56-12.0 Nand 80-37-2.0 W; (3) Grassy Key, coordinates 24-45-35.0 Nand 80-57-22.0 W; ( 4) West Summer land, coordinates 24- 39- 2.0 Nand 81-18- 36.0 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 School Board are desirous of placing certain antennae on the above-referenced towers; and WHEREAS, utilization of the towers will require a lease to the School Board; and WHEREAS, the School Board represents that placement and operation of public radio equipment on the tower 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 School Board may use the tower space on the towers as described in Exhibit A. hereto. 2. MAINTENANCE AND REPAIRS. The School Board will maintain and repair its equipment installed on the towers. 3. PERMITS. It will be the responsibility of the School Board to obtain any permits necessary for installation and operation of its equipment on the towers. 4. INTERFERENCE. The School Board 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 School Board 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 wi th others' operations. 6. UTILITIES. The School Board shall be responsible for its own utilities at the site. 7. TERM. The term on the lease shall be for the period of five (~) years. This lease may be renewed by agreement of both parties ih 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 School Board shall, at its own cost and expense, remove or cause to be removed its communications equipment. Upon such removal, the School Board 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 School Board 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 Aqreement 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. 15. MISCELLANEOUS. The Parties shall have the right to incorporate into and make a part of this Agreement such conditions, changes, or modif ications which are, or may hereafter become necessary to comply with any requirement or decision of the Federal Communications Conmission (FCC) so as not to prejudice or cause the termination of any Party I s FCC conmunications 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 chanqed orally. 17. lWAlLABILITY OF F1JNDS. Notwithstanding any prov~s~on 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 tb 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 take effect when a copy hereof shall have been filed with the Clerk of the Circuit Court of Dade County, Florida, and the Clerk of the Circuit Court of Monroe County, Florida. 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. SCHOOL BOARD OF DADE COUNTY/WLRN PUBLIC RADIO BY: AUTHORIZED REPRESENTATIVE DATE: (S EAL) ATTEST:DANNY L. KOLHAGE.CLERK By !1a.t..L c. !:;;,;4~ BY: Deputy Clerk / 03....;2 ,/..Q3 APPROVED AS TO FORM 8~~ Altom..... EXHIBIT A 1. Key Largo Site: Four bay circularly polarized transmitting antenna with radiation center at 300 ft AG mounted on S face. Scala CL-FM Yagi receiving antenna at 270 ft AG mounted on N leg. 2. Islamorada Site: Four bay circularly polarized transmitting antenna with radiation center at 150 ft AG mounted on W face. Scala CL-FM Yagi receiving antenna 70 ft AG mounted on E leg. 3. Grassy Key Site: Four bay circularly polarized transmitting antenna with radiation <.:-enter at 160 ft AG mounted on W leg. Scala CL-FM Yagi receiving antenna 70 ft AG mounted on N leg. 4. West Summerland Site: Four stacked Scala CA-150 transmitting antenna skewed 40 degrees, 2 at 270 degrees and 2 at 310 degrees with radiation center 260 ft AG mounted on SW leg. Four stacked Scala CA-150 transmitting antennas at 70 degrees with radiation center at 260 ft AG mounted on E leg. Scala CL-FM Yagi receIving antenna at 197 ft AG mounted on NE face. 5. Key West Site: Four stacked Scala CA-150 transmitting antennas skewed 40 degrees, 2 at 180 degrees and 2 at 220 degrees with center of .cadi at ion at 85 feet AG mounted on west leg. Four stacked Scala CA-150 transmitting antennas at 90 degrees with radiation center at 85 feet AG mounted on east face. Scala CL-FM Yagi receiving antenna at 70 feet AG mounted on east leg. Connecting transmission line cable type on all towers shall be 7/8" foam dielectric.