Okaloosa County BOCC — October 20, 2015 — Baker Water System MOU

MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made this day of > 2015, by and between the Board of County Commissioners of Okaloosa County, (the “County”) and the Baker Water System, (“BWS”) for use of space on a water tank to enhance Public Safety emergency communications in portions of northern Okaloosa County. WITNESSETH WHEREAS, the BWS owns an elevated water tank located in the Baker community in the 6400 block of North Highway 189, Baker, Florida; and, WHEREAS, the County desires to mount antennae, other related emergency radio communications equipment and devices to enhance the county Public Safety emergency communications; and, WHEREAS, the County desires to use from designated space on BWS elevated water tank; and, WHEREAS, the BWS desires to allow designated space for County equipment on its elevated water tank and to ensure County equipment does not interfere with BWS daily operations and maintenance; and, WHEREAS, the BWS retains the right to contract with other parties to attach equipment on the BWS elevated water tank, so long as said equipment does not cause interference with reception of County equipment; and, NOW, THEREFORE, in consideration of these premises and the mutual covenants of the parties it is agreed as follows with regard to the water tank. Understanding; 1. Property. BWS hereby grants County the right to install, maintain, operate and remove communication equipment and appurtenances as designated on BWS elevated water tank on BWS Property, which together with easements for ingress, egress and utilities during the initial term and any renewal terms, as those terms are hereinafter defined. 2. Use. County shall be permitted to install antennae, cabling, emergency power generators and related equipment on the Property and to install or improve utilities on the Property and the Easement. County shall be solely responsible to ensure that County’s installation of the Equipment shall not significantly affect the structural integrity of the Water Tower and that no welding or screws will be attached directly to the water tower. A description of the equipment, mounting height of the antennae, and other personal property owned by County which County anticipates shall be located on a designated space on the BWS’s elevated tank located on the Property. Furthermore, the County shall be permitted, through the duration of this contract and any future amendments, to ingress and egress on BWS property for the purpose of installation, repair, and maintenance of the communications equipment. 3. Initial Term. The initial term of this MOU shall be for a period of five (5) years commencing on the day of execution of this agreement. 1 4. Renewal Terms. County shall have the right to extend this MOU for an additional four (4) 5-year Renewal Terms, 25 years total. Any renewal will be in writing and executed by the parties, 5. Consideration. The cost of allowing County to place equipment on the water tank shall be at no cost, BWS feels that it is in the public interest for the local residents and first responders. A designated space on BWS elevated water tank shall include County right to use and occupy a designated ground space surrounding the elevated water tank. 6. Utilities. County will arrange for separate metering for all required electrical or other utility connections to support their equipment. 7. Water Tank Purpose. County recognizes that the primary function of the elevated water tank is to provide water storage for BWS and its customers. County understands that BWS may find it necessary from time to time to interrupt County use of the premises for maintenance of the water tank. BWS shall be solely responsible for maintaining the structural integrity of the water tower in accordance with all applicable laws, rules and regulations. In the event it is necessary to remove County’s equipment from the Water Tower to allow tower maintenance including painting, County shall hav