Fort Walton Beach Council agenda — 06-14-11 regular — reading text

certain parcel of real property of approximately seventy -five feet by sixty feet ( 75' X 60') or the amount mutually agreed upon by CITY and TENANT, situated at Fort Walton Beacb, Okaloosa County, Florida, together with the non -exclusive right for ingress and egress, seven ( 7) days a week, twenty -four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits and pipes. Said leased property is hereinafter referred to as the ' Property ". The Property is described in the attached Exhibit " A ", and the easements are described in the attached Exhibit 'B ". Section 2. DUTIES AND RESPONSIBILITIES OF TENANT 2. 01 TENANT shall use the Property for the sole purpose of constructing, maintaining and operating wireless communication service facilities and Packet Pg. 34  84. uses incidental thereto. TENANT shall construct a monopole structure upon the Property no greater than one hundred sixty feet ( 160) in height as measured from the natural grade (the " Monopole "). TENANT agrees to equip the Monopole structure with antennae mounting which provides the least distance as possible from the Monopole structure to the antennae without materially affecting performance. TENANT upon the approval of CITY may modify its wireless communication service facilities and said approval shall not be unreasonably withheld or delayed by CITY. 2. 02 TENANT shall place around the perimeter of the Property a security fence at least six ( 6) feet in height and vegetation which conceals the fence. The type of fence and vegetation shall be approved by the CITY, which approval shall not be unreasonably withheld or delayed. TENANT, at its expense, shall be solely responsible for and shall maintain its equipment, fence and vegetation in a safe, structural, sound, clean and sightly condition and shall indemnify and save harmless CITY against all liens and claims of mechanics and materialmen furnishing labor and materials in the construction and maintenance of same. 2. 03 TENANT shall be responsible for soil borings and similar tests which may be required as a condition of construction and for all expenses related to its improvements which may thereafter be constructed upon the Property. CITY grants TENANT the right to use adjoining and adjacent property owned by CITY as is reasonably required during construction and installation of TENANT's improvements; use of this adjoining and adjacent property shall be coordinated with CITY. Said property shall be restored to its original condition at the expense of TENANT. TENANT agrees the access to and activity of TENANT on the Property shall not cause damage to or interference with the operation or maintenance of the Fort Walton Beach Golf Club. TENANT shall make every reasonable effort to construct Monopole and related facilities in a way and at a time which least disturbs the patrons of the Fort Walton Beach Golf Club. 2.04 TENANT shall maintain the Property in a reasonable condition and meet all requirements imposed by the Code of the City of Fort Walton Beach. 2.05 TENANT shall reserve space on the Tower for CITY, without charge, to locate antenna on the Tower at an elevation satisfactory to CITY and as approved by TENANT, with such approval not to be unreasonably withheld or delayed; provided, however, CITY's municipal antenna shall not interfere with TENANT' s operations on the Property. Prior to the CITY' s installation of any antenna on TENANT' s Tower, the CITY will enter into a mutually agreeable license agreement with TENANT; provided, however, that such license agreement shall not provide for payment of rent by CITY to TENANT. Packak.Pg. 35  F84. 2. 06 TENANT shall famish, to its unmanned equipment shelter, electric service for the operation of TENANTS wireless communication services equipment. TENANT shall be solely liable for all utilities consumed to install, maintain, and operate its equipment. TENANT shall be solely liable for electricity expenses relating to its installation and equipment. TENANTS electrical service shall be separately metered, and TENANT shall be responsible for all costs associated with metering, including the cost of installing any meter. TENANT shall install these and any other utilities underground. 2. 07 TENANT will provide non -exclusive driveway improvements reasonably acceptable to CITY from the parking lot of the Golf Club to the wireless communication service facilities. The driveway must be at least twelve ( 12) feet wide and maintained on a regular basis. At no time can TENANT or TENANT' S designee enter the adjoining Oaks Golf Course, either on foot or by motor vehicle. 2. 08 TENANT agrees to allow CITY or its designee to continue driveway improvements from the wireless communication site at its discretion, so long as such improvements do not disrupt TENANT' s operations on or access to and from the Property. 2. 09 TENANT shall design and construct the Monopole to ensure that the structural failure or collapse of the Monopole will not create a safety hazard or damage adjoining property. The Monopole shall be designed and certified by an Engineer to be structurally sound and, at a minimum, in conformance with the current Building Code as adopted by the City of Fort Walton Beach The Monopole shall be inspected by the City Engineer, the City Building Inspector, or an authorized representative of the City. The Monopole shall be constructed of approved corrosion resistant non -combustible material. 2. 10 The Monopole shall be sufficiently grounded with a grounding grid around the perimeter of the property. The complete ground system resistivity shall be a maximum of 5 OHMS to ground. Grounding grid design shall be approved by CITY, which approval shall not be unreasonably withheld or delayed. 2. 11 Monopole shall be designed to blend in with the surrounding environment. Color and design shall be approved by CITY, which approval shall not be unreasonably withheld or delayed. 2. 12 TENANT shall not remove any trees from the Property. Trees may be trimmed only if interfering with TENANT' s operations on the Property. Trimming shall be limited to the minimum amount necessary to Packet Pg. 36  6. 4. c alleviate interference and shall be approved by CITY, which approval shall not be unreasonably withheld or delayed. 2. 13 TENANT shall enter upon the Property only at such times, in such manner and under such circumstances as shall not cause damage or endangerment of life or limb. TENANT shall promptly reimburse CITY for the costs of repairs of any damage to the Property directly or indirectly caused by TENANT' s activities. TENANT shall have the non -exclusive right for ingress and egress for the purpose of constructing, maintaining and operating the wireless communication service facilities. Only authorized engineers or employees of TENANT, or persons under TENANT' s direct supervision, will be permitted to enter the Property. TENANT has an affirmative obligation to and will be responsible for securing all locked areas when entering and exiting a locked area. TENANT assumes all risks of loss of or damage to the Fort Walton Beach Golf Club for TENANT' s failure to secure locked areas. If property of CITY is lost or destroyed as a result of TENANT' s failure to secure a locked area, TENANT shall replace the property with like property in good condition which property shall thereafter become the property of CITY. TENANT shall indemnify CITY against all such liability for TENANT' s failure to secure locked areas. CITY agrees to provide TENANT any necessary keys or combinations to enable TENANT to enjoy its right of ingress and egress. 2. 14 Prior to the installation of the wireless communication facility, TENANT shall secure and shall at all times afterwards maintain all required approvals and permits of the United States Federal Communications Commission and all other governmental bodies having jurisdiction over its business, including its communications, operations and facilities. TENANT shall at all times comply with all laws and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, height, location, use, operation, and removal of the wireless communication facility and shall fully indemnify CITY against any loss, cost, or expense which may be sustained or incurred by it as a result of the installation, maintenance, operation, or removal of the wireless communication facility. CITY makes no representation that applicable laws, ordinances or regulations permit the installation or operation of such activity on the subject Property. CITY shall cooperate with TENANT in TENANT' s efforts to obtain and maintain all necessary governmental approvals; provided, however, such cooperation shall not be deemed to require expenditure of CITY funds on behalf of TENANT. 2. 15 TENANT shall be responsible for making any necessary returns for and paying any and all property taxes separately levied or assessed against its improvements on the Property. TENANT shall reimburse CITY, as Packet Pg. 37  8. 4 .c additional rent, for TENANT' s proportionate share of any increase in real estate taxes levied against the Property in excess of the taxes due from CITY for the real estate taxes on the Property and which are not separately levied or assessed against TENANTS improvements by the taxing authorities. TENANT shall have the right at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which TENANT is wholly or partly responsible for payment under this Agreement. CITY shall reasonably cooperate with the TENANT in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consem to appeal or other similar document at TENANT' s sole cost and expense. As a result of any successU appeal or challenge by TENANT as set forth herein, CITY will reimburse TENANT the amount of said reduction, credit or repayment for any taxes previously paid by the TENANT. CITY agrees to promptly reimburse to TENANT the amount of said reduction, credit or repayment after the same is received by CITY. 2. 16 TENANT, upon termination of this Agreement and within a reasonable period not to exceed ninety ( 90) calendar days shall remove its personal property and fixtures, including footings, and restore the Property to its original above ground condition, reasonable wear and tear excepted. if such time for removal causes