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13/12/95 C.A.
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This Lease is executed on this 2 day of January , 1990
by and between the CITY OF VERO BEACH, a municipal corporation
organized and existing under the laws of the State of Florida,
whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-
1389 ("CITY"); and INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, whose mailing address is 1840
25th Street, Vero Beach, Florida 32960 ("COUNTY").
W i T N E 8 E T H!
WHEREAS, CITY owns certain lands adjacent to the southern City
limits and east of Old Dixie Highway; and
WHEREAS, COUNTY desires to enter into a long term Lease of
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approximately 11,950 square feet of this land for use as a
communications tower.
NOW, THEREFORE, for and in consideration of the mutual
premises and other good and valuable consideration, the receipt
whereof is hereby acknowledged, the CITY and COUNTY agree as
follows:
1. leased Premises. Term of Lease. and Rent. The COUNTY
shall lease from the CITY the property with the legal description
shown as Exhibit "A" attached for a period of thirty (30) years at
a rental of Ten Dollars ($10.00) per year.
2. purpose. The purpose of this Lease is for the COUNTY to
construct or have constructed an approximately 205 -foot
communications tower to be used as part of the COUNTY':
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communication network. The tower shall be free-standing and there
shall be no guy wires placed off the lease premises without express
permission of the CITY.
3. Maintenance and Operation. It shall be the responsibility
of the COUNTY, as opposed to the CITY, to operate and maintain the
facility, and the COUNTY shall keep the property in good
maintenance and repair and shall be responsible for paying all
bills and other expenses attributable to the property, including
taxes, if applicable.
4. 8ccesa. The CITY guarantees the COUNTY and its assigns
access to the property from Old Dixie Highway over an ingress -
egress easement generally shown on the location map, attached as
Exhibit "A.„
5. gold Harmless. To the extent allowed by Florida law, and
not to the extent of any negligence on the part of CITY, COUNTY
shall hold CITY harmless from any and all liability arising out of
the use of the property by the COUNTY or its assigns or agents.
COUNTY agrees to take the steps necessary to remedy any and all
electronic interference experienced by TCI Cablevision of the
Treasure Coast, or its assigns or successors, caused by the use of
the communications tower.
6. Termination. This Lease shall terminate if COUNTY ceases
to use the communications tower for the purpose stated in Paragraph
No. 2 above.
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7 Use of Leased Premises. COUNTY agrees to observe and
obey all laws, ordinances, rules and regulations promulgated and
enforced by CITY, and by any other proper authority having
jurisdiction over the conduct of operations at the leased premises,
and all further revisions or amendments thereto. Further, COUNTY
agrees that COUNTY shall not occupy or use or permit or suffer the
leased premises or any part thereof, to be occupied or used for any
unlawful or illegal business or purpose, nor in such manner as to
constitute a nuisance of any kind, nor for any purpose or in any
way in violation of any present or future laws, rules,
requirements, orders, ordinances, regulations of the United States
of America or of the State, County, or City government, or their
administrative boards or agencies.
8. Bite Plan and Landscaping. COUNTY shall comply with the
City of Vero Beach site plan approval process, and shall install
and maintain the grounds and landscaping pursuant to the
requirements of the Code of the City of Vero Beach.
IN WITNESS WHEREOF, CITY and COUNTY have
instrument this Qtrday of .00j- 14 Lk!)
ATTEST:
Sign:
Print:
Title:
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executed this
199y6.
CITY OF VERO BEACH, FLORIDA
(Lessor)
Sign. CIAAL. ' la
Print:
Title: Mayor
Warren Winchester
9:VAMZ.LSE.PLN
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Th foregoing instrument w s acknowledged before me this
19t, by Warren Winchester, as Mayor,
and attested by , as City Clerk of the City of
Vero Beach, Floris& KrhbFkare personally known to me and did not
take an oath.
day of prm%.(L
NOTARY PUBLIC
JEANNE A. MC INTYRE
MY COMMISSION / CC 31111411
XPWIt OROS N IIMT
SaeUa /in wan POMC Unarm -1,9
Sign: ��� ♦. ///
Print: �- _.. : • e _�.
State •.' Florida at Large [SEAL
Commission No.
My Commission Expires:
ATTEST:
Sign: j
Print: J.K.Ba
Title: Clerk
INDIAN RIVER COUNTY Board
County Commissioners:
(Lessee)
Sign: ' 9c2- - \ m4
Print: Fran B. Adams
Title: Chairman
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[AFFIX SEAL HERE]
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
T oregoing instrument as acknowledged before me this AP
day of Muria"-
' 19 by FRAN B. ADAMS , as Chairman,
and at ested by .K. Barton, as Clerk of Indian River County,
Florida. They are personally known to me and did not take an oath.
NOTARY PUBLIC
Signa Alla �r�
Print!
State of Florida at
Commission No
My Commission
Large [SEAL]
PATRICIA M. RIDOELY
MY:CCMMISSION 0 CC38800EXPIRES
June 27. 1998
my TAU TROY FAIN N UM/a iNC
:u.
Approved as to form
and legal sufficiency:
City Attorney
Approved as to technical
requirements:
Mr
Public Works and Engineering
Director
This instrument prepared
in the office of the
City Attorney
P.O. Box 1389
Vero Beach, FL 32961-1389
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Approved as to technical
requirements:
City Manager/U ilities Director
Approved as to technical
requirements:
_12/Juin 4,4
Planning Direc''o
EXHIBIT A
LEGAL DESCRIPTION
INDIAN RIVER SOUTH COMMUNICATION TOWER SITE
The North 150 feet of the South 200 feet of the west 70 feet of the
E ast 270 feet of the North 1/2 of the SW 1/4 of the NW 1/4 of
S ection 12, Township 33 South, Range 39 East. Lying in the City of
✓ ero Beach, Indian River County, Florida.
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r SEMINOLE..
AVENUE
CITY OWNED PROPERTY
(FORMER NURSERY)
ZONING: M -INDUSTRIAL
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ZONING: PARK
ti
f NORTH LINE OF THE 9
1/4 OF THE NW 1/4 OF SECTION IE
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ZONING: PARK
NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION I2-33.39
ZONING: 1G
(COUNTY)
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SUBJECT
PROPERTY
200' U
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200'
CITY LIMITS
50' INGRESS/
EGRESS EASEMENT
T.C.I, CABLEVISION -
SOUTH LINE OF THE NE 1/4 OF THE -
SW 1/4 OF THE NW 1/4 OF SECTION tt
ZONING: CH
!COUNTY)
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too 100 0 t0O 400 900
GRAPHIC SCALE 1' • 200'
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Indian River County
Board of County Commissioners
Department of Emergency Services
1840 25th Street, Vero Beach, Florida 32960
December 1, 1995
Mr. Tom Mason
City Manager
City of Vero Beach
P. O. Box 1389
Vero Beach, Florida 32961-1389
Re: 800 MHz Tower Site
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Dear Tom:
Indian River County Attorney Charles Vitunac has revised the
proposed Lease Agreement for the 800 MHz Tower Site near Old Dixie
Road. I am attaching a copy of the revised document for you and
the City Attorney's Office to review.
I have also prepared the attached sherit which demonstrates the
✓ alue the City will receive at no cost when the 800 MHz
Communications System is constructed and operational. I hope this
sufficientwill be
il to favorably
er
additional recurring oCity
chargesforCusec of the property no
ssadtower
site.
U nless you advise otherwise, I will assume you are
to have this matter on the agenda for the December
Council meeting. Please let me know if you need
d ocumentation or other information.
S incerely,
Doug Wrht, CEM
D irector
Department of Emergency Services
Attachments
Proposed L are Agreement for tower site
still planning
19, 1995, City
any additional
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RECEIVED
DFC — 6 1996
CITU MANAGER'S OFFICE
ropose e
800 MHz System - County provided equipment at no cost to City
cc: file
Divisionof
Emergency Medical
Cas
567.1000
Ext. 217
Division of
Animal Control
567.1000
Ext. 446
SUNCOM 224.1444
Division of
Fire Services
562-2028
FAX (407) 567.9227
Division of
EyManagement
c 567.0000
Ext.444
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800 MHz COMMUNICATIONS EQUIPMENT
PROVIDED TO CITY AT NO COST
December 5, 1995
J 9141
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Equipment building
Tower
Seventeen Transmitters
Voting System
Control Point':
Cost of utilities for the site & equipment
Mutual aid communications capability
Telephone interconnect
& telephone patching
$ 48,000
$277,000
$380,000
$160,000
$400,000
$ 1,500 *
$ 50,000
S 50 000
TOTAL $1,366,500
Other system wide features available to the City of Vero Beach, but
difficult to place a price on will be:
♦ Wide area radio coverage through use of multi -site
controller
♦ Digital transmission and receive capability
♦ Digital recording and interface with the consoles
♦ Access to statistical reporting
♦ Console operation through switch at Central Dispatch
♦ Communication backup for telephone loss via fiber optic
♦ Maintenance, monitoring, and fueling of emergency
generator
♦ Maintenance of the site
♦ Compliance with Part 88 of the FCC Rules
* Estimated recurring annual cost
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Indian River County
Board of County Commissioners
Department of Emergency Services
1840 251h Street, Vero Beach, Flotida 32960
December 7, 1995
Mr. Tom Nason
City Manager
City of Vero Beach
P . O. Box 1389
✓ ero Beach, Florida 32961-]389
Re: 800 Mhz Tower Site
Dear Tom:
P er your request, attached please find a letter from Mr. James
Foody, General Manager of TCI Cablevision of the Treasure Coast
d ated December 5, 1995, stating a position of "no objection" to the
planned 800 MHz communications system tower and building.
B e assured the County will be a good neighbor to TCI and we look
forward to working with Mr. Foody and his staff in the future.
P lease let me know if you need any additional documentation.
ncerely,
Doug Wr
D irector
D epartment of Emergency Services
W il4-G -
ht, CEM
cc: Clifford J. Suthard, Public Works and Engineering Director
Monte K. Falls, Assistant City Engineer
Division of
• Emergency Medical
• 567-888000
Ext. 217
Division of
Animal Control
567.4000
Ext. 446
SUNCOM 224.1444
RECEIVED
DEC - 8 INS
CITY MANAGER'S OFFICE
Division of
Fire Services
562.2028
FAX (407) 567.9323
Division of
Emergency Management
Eat 444
4J
441
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TCI Cablevision of the Treasure Coast
December 5, 1995
Mr. Kenneth R. Macht
123 _
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Chairman m%'� 'Cr
Board of County Comissione$. '? O %
1840 25th Street `alc'03 13' ���%
Vero Beach, FL 32960 �`•6�(11 '�
Dear Chairman Macht:
As previously stated, this letter is forwarded to reaffirm that TCI Cablevislon of the Treasure
Coast is willing to cooperate with Indian River County in its goal of constructing its planned 800
Mhz Communications System.
TCI has no objection to a communications tower and building being constructed in the area
adjacent to our existing towers and property with the understanding that this letter of no
objection docs not preclude TCI's right to seek a remedy to interference, should interference
occur. Some of the microwave on the tower will operate at similar frequencies as our satellite
receive dishes. The potential exists not only for satellite interference but also from reflections off
of the tower and associated structures. Interference at the receive site would affect all of our
viewers in Indian River County. We have been assured that a qualified frequency coordination
study has or will be done prior to activation of any frequencies. While no one anticipates any
interference problems, there is no absolute way to know until the system is actually operating.
The County staff has indicated a genuine concern and realization of the need for TCI to continue
to provide a high level of cable television reception in the area and have assured us of their
cooperation in seeking an immediate solution to problems that might arise.
Please feel free to contact me if you have any questions.
Sincerely,
James Pandy
General Manager
jf:jfs
cc: Doug Wright, Emergency Services Director
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7.10 121h Slronl
Pull) 011e:n Box 2530
Vero linin:ll. FL 32961 2570
1407) 507 3414
FAA 91071 776 94115
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