LICENSE AGREEMENT
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into this ~~ day of
Ahe~1 l , 199~, by and between the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation (herein , "City", or "Licensor"), and PCS
PRIMECO, L.P., a limited partnership pursuant to Delaware Revised Uniform
Limited Partnership Act, having its general offices at 8875 Hidden River
Parkway, suite 350, Tampa, Florida 33637 (herein, "Primeco" or "Licensee").
1. Premises: The City hereby grants to primeCo and primeCo
hereby accepts from the City a nonexclusive license to use not more than 375
square feet of land area situated within the chain link fenced boundaries
enclosing each of the City's two (2) existing radio communications towers,
and one (1) water tank now operational at the following locations:
(a) Communications Tower - operational upon the grounds of the
City's Northeast Water Pollution Control Plant, 3290 S.R. 580 and McMullen
Booth Road (herein, "WPC site") located at Latitude 28001' 54" North and
Longitude 82042'16" West, and;
(b) Communications Tower - operational at 1400 Young Street upon
the grounds of park property under lease by the City from the Florida
Department of Transportation by virtue of that certain 99 year lease dated
January 19, 1976 and that certain Modification of Lease dated January 26,
1986, all being recorded in O.R. Book 6275, Pages 1880 through 1888, in lhe
Public Records of Pinellas County, Florida, located at Latitude 27056' 1:1:2"
North, and Longitude 82047'13" West (herein, "Missouri site"), and;
(c) North Water Tank ~ operational upon the grounds of the at the
City-owned Kings Highway Recreation Center, 1751 Kings Highway (herein,
"North Water Tank") located at Latitude 27059' 09" North and Longitude
82046'43" West;
Together with space on the communication towers and on the water tank balcony
hand rail to mount Personal Communications Systems (herein "PCS") antennae
arrays as specified in Paragraph 2 below and depicted in Exhibit "A" as to
the WPC site and in Exhibit "B" as to the Missouri site, and upon the railing
of the North water tank site, as depicted in Exhibit "C", each being
attached hereto and by reference made a part hereof. The land areas and the
communications towers and water tank mounting spaces are referred herein as
the "Licensed Premises." Final site specific engineering plans and load
factor calculations regarding the respective sites are subject to final
approval by authorized City officials prior to commencement of any
construction or installation of any communications equipment by primeco, its
employees, agents or contractors.
2. Communications Equipment: The City hereby grants permission
to primeco to install and operate the following described PCS communications
equipment, building, generator and associated equipment on and within each of
the Licensed Premises:
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(a) Three arrays of three antennas each (Antel Model SDA
185090/12), or equivalent, to be installed upon each of the city
communications towers with the centerline of mounting each array
at 115 feet above ground level (A.G.L.). The exact locations of
all antennas shall be supplied to the city in the form of as-
built drawings after installation. No alterations shall be made
thereafter without prior written approval by the City and
acceptance thereof by primeCo.
(b) Three arrays of three antennas each {Antel Model SDA
185090/12, or equivalent, to be installed with the antennas to be
mounted on the North Water Tank balcony hand rail assembly, at 120
feet A.G.L., more or less. The exact locations of all antennas
shall be supplied to the city in the form of as-built drawings
after installation. No alterations shall be made thereafter
without prior written approval by the city and acceptance thereof
by PrimeCo.
(c) Flexible coaxial transmission lines between antennas and
PCS communications equipment which shall be anchored and
installed on the respective communications towers and North
Water Tank structures in accordance with good and accepted
engineering practices.
(d) Radio communications equipment consisting of transmitters,
receivers and accessories to be installed in an equipment
building located in accordance with approved final site plans
identified as Exhibits "A", "B" and "c" attached hereto. The
ground space at each site shall be 15' X 25", more or less,
within the fenced enclosures at the respective sites.
In this agreement, all of primeCo's equipment, buildings, panels, generators,
cables, wires, antennas, and accessories are referred to collectively as
"Communications Equipment" or "Communications Centers."
3. Term: The primary term of this Agreement shall be for five (5)
years commencing on If/A-A-I I ' 199 ~ (the "Commencement Date") and
terminating at Midnight, ~rJ' I 30 , 2001-, subject to extensions as set
forth in Paragraph 8 below. The Commencement Date as set forth herein shall
coincide and be identical with the first day of the first month in which
primeCo intends to enter upon the Licensed Premises to commence construction
of any of its communications Centers, but in no event later than ~ days
following the date of this agreement as first above written. primeCo shall
provide written notice of the intended Commencement Date to the office of the
city Attorney, 112 South Osceola Avenue, Clearwater, Florida 34616 not later
than ten (10) business days prior to said Commencement Date.
4. Rent: During the primary term of this Agreement, as rental for
the Licensed Premises, primeCo will pay the City the initial year annual sum
of THIRTY SEVEN THOUSAND EIGHT HUNDRED AND---NO/100'S---DOLLARS ($37,800.00),
payable in a single annual installment in advance upon the Commencement Date
of this agreement. The annual rental during the primary term and any renewal
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five year term(s) will be adjusted upward by four percent (4%) annually
effective and payable upon each anniversary during the primary term and any
extensions thereof. The total initial year annual rent due hereunder is
calculated for each of the three licensed premises as follows:
site A - 3290 state Road 580.............................$12,420
site B - 1400 Young street...............................$12,420
site C - 1751 Kings Highway..............................$12.960
TOTAL INITIAL YEAR ANNUAL RENT...........................$37,800
5. Use: primeCo will use the Licensed Premises for the purpose of
constructing and operating Communications Centers as provided herein. PrimeCo
will abide by all local state and federal laws and obtain all permits and
licenses necessary to operate its systems. primeCo shall use the Licensed
Premises for no other purposes without the prior written consent of the city.
6. Access: primeCo shall have reasonable ingress and egress to
the Licensed Premises on a 24-hour basis for the purposes of maintenance,
installation, repair and removal of said Communications Equipment. Provided,
however, that only authorized engineers or employees of primeCo, or persons
under primeCo' s direct supervision, will be permitted to enter the said
Licensed Premises, and their entry shall be for the purpose of installing,
removing, or repairing primeCo's Communications Equipment and for no other
purpose. primeCo shall notify the City in advance of its need to install,
remove, or repair its Communications Equipment located on the Licensed
Premises, except in the case of an emergency in which event notification
shall be given as soon as reasonably possible. Access requiring entrance
into or onto the communications towers shall be coordinated with the General
Services Department of the City with respect to the communications towers,
and with the Public Works Department, Water Division, with respect to the
North Water Tank.
7. utilities at primeco's Cost: primeCo shall be solely
responsible for and promptly pay all charges for electricity, telephone, and
any other utility used or consumed by primeco on the Licensed Premises. The
city shall advise primeCo and fully cooperate with any utility company
requesting an easement over and across the Licensed Premises or other lands
owned by the City in order that such utility company may provide service to
primeCo. If additional easement is required to provide such utility services
to the Missouri site, the City will cooperate with Primeco in seeking the
grant of such easement from the State Department of Transportation. PrimeCo
shall have an electrical current meter installed at the Licensed Premises and
have the right to run underground or overhead utility lines directly from the
utility source to primeco's Communications Equipment. The cost of such meter
and of installation, maintenance and repair thereof shall be paid by primeCo.
primeCo and the utility company providing services to PrimeCo shall have
access to all areas of the Licensed Premises, or other lands of the City,
necessary for installation, maintenance and repair of such services;
provided, that access requiring entrance into or onto the communications
towers shall be coordinated with the General Services Department of the City.
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8. Extensions: primeCo shall have the option to extend this
License by a series of four (4) additional terms of five (5) years each so
long as it has abided by the terms and conditions of the License and is not
currently in default hereunder. If written notice to the contrary is not
delivered to the City by primeco not less than ninety (90) days prior to the
expiration of the primary term or any extension thereof, as the case may be,
it will be deemed that primeCo has elected to exercise it option to extend
this license for an additional term, and the license term shall automatically
extend for an additional five (5) year term as provided herein. The annual
rental amount shall also automatically adjust as provided in Paragraph 4.
9. Holdinq Over: If primeco should remain in possession of the
Licensed Premised after expiration of the primary term or any extension of
this License, without the exercise of an option or the execution by the city
and primeCo of a new license, then primeCo shall be deemed to be occupying
the Licensed Premises as a tenant-at-sufferance on a month-to-month basis,
subject to all the covenants and obligations of this License and at a monthly
rental calculated at one and one-quarter (1.25) times the annual rental
scheduled to be paid as provided in Paragraph 4 divided by twelve (12). The
payment of such monthly rental amount shall be due and payable by the first
day of the month succeeding the expiration of the final month of the License
term previously granted by the city.
10. Notices: (a) Any notice shall be in writing and shall be
delivered by hand or sent by United states registered or certified mail,
postage prepaid, addressed as follows:
CITY:
City Manager
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
PRIMECO
PCS primeCo
8875 Hidden River Parkway
suite 350
Tampa, Florida 33637
However, where coordination with the General Services Department of the City
or the city's Public Works Department, Water Division,is required by this
agreement, notice shall be given by telephone, facsimile transmission or by
hand delivery at either of the following mailing addresses or physical
addresses and telephone numbers:
G~neral Services Director
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
Telephone:
24 Hr. Emergency:
Fax Number:
(813) 462-6777
(813) 462-6633
(813) 462-6457
Physical Address: 1900 Grand Avenue, Clearwater, Fl. 34625
Water Superintendent
Public Works Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
Telephone:
24 Hr. Emergency:
Fax Number:
(813) 462-6848
(813) 462-6633
(813) 462-6561
Physical Address: 1650 North Arcturas Avenue, Clearwater, Fl. 34625
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(b) Either party may change its address and telephone number(s) to
which notice shall be given by delivering notice of such change as provided
above. Notice shall be deemed given when delivered if delivered by hand, or
when postmarked if sent properly by mail.
11. Liabilitv and Indemnitv: primeco agrees to indemnify and hold the
City harmless from all claims (including costs and expenses of defending
against such claims) arising or alleged to arise from the negligence or
willful misconduct of primeCo or Primeco's agents, employees or contractors
occurring during the term of this License or any extensions in or about the
Licensed Premises. primeco agrees to use and occupy the Licensed Premises at
its own risk and hereby releases the City, its agents and employees, from all
claims for any damage or injury brought on by primeCo to the full extent
permitted by law. The City agrees to indemnify and save primeCo harmless
from all claims (including cost and expenses of defending against such
claims) arising or alleged to arise from the negligence or willful misconduct
of the City or the City's agents, employees, contractors or other licensees
or tenants of the city occurring during the term of this License, subject to
any defense or limitation pursuant to Section 768.28, Florida Statutes.
12. Termination:
(a) Either party shall have the right to terminate this License at any
time as follows:
1. By either party, if the approval of any agency, board, court, or
other governmental authority necessary for the construction or operation of
the Communications Equipment cannot be obtained, or is not obtained after due
diligence, or is revoked.
2. By either party, in the event of a material breach of any of the
provisions of this agreement, subject to Paragraph 13 below.
3. By primeCo, if primeco determines that the cost of obtaining or
retaining the approval of any agency, board, court, or other governmental
authority necessary for the construction or operation of the Communication
Equipment is prohibitive, or if primeco determines that the property is not
appropriate for its Communications Equipment for technological reasons,
including, but not limited to, signal interference.
4. By primeco, in the event that any government or public body shall
take all or such part of the Licensed Premises thereby making it physically
or financially infeasible for the Licensed Premises to be used in the manner
it was intended to be used by this Agreement. However, if only a portion of
the Licensed Premises is taken, and primeCo does not elect to terminate this
License under this provision, then rental payments provided under this
License shall be abated proportionally as to the portion taken which is not
then usable by primeco and this License shall continue.
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5. By the City, if the city determines that the installation or
operation of the Communications Equipment is detrimental to the operation of
the City's communications equipment within and upon the respective Licensed
Premises, or the communications equipment of any other party with whom the
City has previously entered into a lease or licensing agreement specifically
for the construction, operation and maintenance of communications equipment.
(b) The party terminating this agreement shall give written notice of
termination to the other party not less than thirty (30) days in advance of
the effective date of termination. Upon termination, neither party will owe
any further obligation under the terms of this License, except that PrimeCo
shall be responsible for removing all of its communications Equipment from
the Licensed Premises and for restoring the areas occupied by primeCo to its
original conditions as near as practicable, save and except normal wear and
tear and acts beyond primeCo's control.
(c) Upon termination of this License, the term hereby granted and all
rights, title and interest of primeCo in the premises shall end and the City
may re-enter upon and take possession of the premises. Such termination
shall be without prejudice to the city's right to collect from primeco any
rental or additional rental which has accrued prior to such termination
together with all damages, including, but not limited to, the damages
specified in subparagraph (1) of this paragraph which are suffered by the
city because of PrimeCo's breach of any covenant under this License.
13. Defaults and Remedies:
(a) Notwithstanding anything in this License to the contrary, PrimeCo
shall not be in default under this License until:
1. In the case of a failure to pay rent or other sums due under this
License, fifteen (15) days after receipt of written notice thereof from the
City; or
2. In the case of any other default, thirty (30) days after receipt of
written notice thereof from the City; provided, however, where any such
default cannot reasonably be cured within thirty (30) days, primeCo shall not
be deemed to be in default under the License if primeco commences to cure
such default within said thirty (30) day period and thereafter diligently
pursues such cure to completion.
(b) In the event of primeCo's default in the payment of rentals or
PrimeCo's failure to comply with any other material provision of this
License, the City may, at its option, terminate this License without
affecting its right to sue for all past due rentals, and any other damages to
which the city may be entitled. Should the city be entitled to collect
rentals or damages and be forced to do so through its attorney, or by other
legal procedures, the City shall, upon receipt of a favorable ruling, be
entitled to its reasonable costs and attorneys' fees thereby incurred upon
said collection.
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14. Taxes: primeCo shall pay annually any and all taxes that may be
levied and assessed upon the Licensed Premises attributable to any
improvement thereto made by primeco, the Communications Equipment installed
thereon, or upon this agreement. If any such tax is paid by the City,
primeCo shall reimburse the City for the amount of any such tax payments
within sixty (60) days of receipt of sufficient documentation indicating the
amount paid and the calculation of primeCo's pro-rata share. Upon written,
request by PrimeCo, the City shall furnish evidence of payment of all such
taxes.
15. Insurance: primeCo, at its expense, shall maintain in force during
the terms of this License, and provide the City a certificate, or
certificates, of insurance covering the entire term of the License, or any
extension thereof, a combined single limit policy of bodily injury and
property damage insurance, with a limit of not less than $1,000,000 insuring
the City and primeCo against all liability arising out of the ownership, use,
occupancy or maintenance of the Licensed Premises and appurtenant areas,
which policy shall name City as an additional insured. The City's Risk
Manager may require Primeco to provide any or all of the following additional
Insurance Endorsements upon determination of any additional risks inherent to
the City as party to this License Agreement:
a. Contractual liability coverage.
b. Personal Injury Liability coverage.
c. Broad Form Property Damage Coverage.
All insurance coverages herein provided shall:
a. Be written on an "Occurrence" basis.
b. Shall not be suspended, voided, canceled or modified except after
thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the city's Risk Management Office at the
following mailing address: Risk Manager, City of Clearwater, P. O. Box 4748,
Clearwater, Fl. 34618-4748.
c. certificates of Insurance meeting the specific required insurance
provisions of this License Agreement shall be forwarded to the City's Risk
Management Office and approved prior to the start of any work or possession
of the Licensed Premises.
d. All insurance policies required within this agreement shall provide
full coverage from the first dollar of exposure unless otherwise stipulated.
No deductibles will be accepted without prior approval from the City.
16. Environmental:
a. Following execution of this agreement by the City primeCo shall, at
its expense, contract the services of a qualified environmental firm or
individual to perform to current ASTM standards, a commercial Phase I
environmental audit of the license Premises as described in Paragraph l(a),
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(b) and (c) to determine if there is any basis for suspecting that hazardous
materials or waste have been deposited or released in or upon said premises.
If the results of the Phase I investigation reveal to primeco a potentially
hazardous materials or waste situation, then primeCo shall be entitled, at
primeCo expense and option, to perform a Phase II environmental investigation
meeting applicable current ASTM standards consisting of, but not limited to,
the sampling and analysis of soil, ground water, air, building and structural
components, and any other materials that may be upon or in the property. It
is mutually agreed between the parties that should the environmental
investigations herein described reveal to primeCo a potential or actual
problem concerning hazardous materials or waste in or about the license
Premises, primeco upon providing copies of the environmental reports and
reasonable written notice to the City, shall be entitled to terminate this
agreement.
b. If primeCo does not terminate this agreement as provided above, it
shall provide the city with copies of all environmental reports resulting
from investigations of the license Premises not later than thirty (30) days
preceding the Commencement Date as defined in Paragraph 3. The City shall
have the priviledge of reviewing and independently verifying the findings and
conclusions contained in each and all of the reports provided by Primeco
prior to the Commencement Date, and at its sole option, may reject the
reports in their entirety, and by written notice to primeco as provided
herein, may terminate this agreement. If the City elects not to terminate
this agreement under this provision, it shall be deemed thereafter that the
conclusions as defined in the report(s) shall establish the environmental
baseline for the license Premises, and the City shall defend and hold primeCo
harmless from any pollution or hazardous substances or wastes established as
the environmental baseline, subject to any defense or limitation available to
the City pursuant to section 768.28, Florida Statutes. primeCo shall
thereafter indemnify, defend and save harmless the City, its successors,
assigns, employees, contractors and agents from and against any legal or
administrative proceeding brought against the City; from all demands, claims,
fines, penalties, or costs occasioned by subsequent discovery of any other
pollution or hazardous substances or waste involving the license Premises,
whether known or unknown to the City, whether based in federal, state, or
local environmental or other laws; strict liability or common law; from any
damage, claim, liability or loss connected to any condition in, on, or of the
license Premises as of the date of the written report(s), the results,
evaluations and conclusions contained therein; as well as during primeco's
occupancy of the license Premises and afterward as to any continuing
violations after primeco's occupancy if such violations can reasonably be
determined to have been caused directly by primeco, its employees, agents,
contractors, or any person or entity acting for or on behalf of primeCo.
These covenants by primecoto indemnify, defend and hold harmless the City,
its successors, assigns, employees, contractors and agents shall extend to
and include any obligations of the city to perform remedial work ordered or
recommended by any governmental or administrative agencies. primeCo shall be
solely responsible for responding to such governmental or administrative
agencies claims relating to contamination of the Premises as may be directly
attributable to PrimeCo, its employees, agents, contractors, or any person or
entity acting for or on behalf of PrimeCo during the term of this license, or
any extension thereof, or after termination.
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C. Upon expiration or termination of this license, primeCo shall, at
its expense, procure an environmental audit, or audits, through an
environmental firm or individual mutually agreeable between primeCo and the
City, in conformity with City of Clearwater Environmental Audit and Property
Assessment Guidelines as may be in existence at the time of expiration or
termination. Should the results of such studies and tests reveal any
environmental contamination of the premises in amounts and/or concentrations
exceeding minimum acceptable levels as then established by applicable
governmental authorities, or in excess of the baseline environmental
condition of the Premises as established at the license Commencement Date,
whichever shall define the lowest limits of environmental contamination then
present in, on, or of the license Premises, primeco shall pay all costs
associated with environmental remediation of such contamination exceeding the
lowest limits established using the aforementioned criteria if such
contamination is found to be directly attributable to PrimeCo, its employees,
agents, contractors, or any person or entity acting for or on behalf of
PrimeCo during the term of or any extension of this license, or after
termination.
d. primeCo agrees to provide the City within seven (7) days of
execution by primeco, copies of all registrations, reports, closure
assessments and certifications of financial responsibility forms as may be
required to be submitted to the State Department of Environmental Protection,
or its successors, pursuant to Rules of the Florida Administrative Code.
e. The City and primeco mutually covenant and agree that during the
term of this license, or any extension thereto, to fully comply with all
Federal, State and Local environmental laws and administrative Rules, and
that neither party will use, generate, store or dispose of any Hazardous
Material as identified and defined now or during the term or any extension of
this license in and by said laws and rules. Each party agrees to hold
harmless, defend and indemnify the other, along with their respective
successors and/or assigns, partners, affiliates, employees, contractors,
agents, and all others acting for or on behalf of either party in any manner
or action that may reasonably be determined to be in violation of this
provision, subject to any defense or limitation available to the City
pursuant to section 768.28, Florida Statutes.
17. Tests: PrimeCo is hereby given the right to survey, soil test,
radio coverage test, and conduct any other investigations needed to determine
if the surface and location of the Licensed Premises is sui table for
construction and installation of its Communications Equipment prior to the
Commencement Date as defined in Paragraph 3. The terms of Paragraph 11 shall
also apply.
18. Fixtures: The City covenants and agrees that no part of the
improvements constructed, erected or placed by Pr imeCo on the Licensed
Premises or other real property owned by the City shall be or become, or be
considered as being, affixed to or a part of the City's real property, any
and all provisions and principles of law to the contrary notwithstanding.
All improvements of every kind and nature constructed, erected or placed by
PrimeCo on the Licensed Premises shall be and remain the property of primeCo.
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19. Assiqnment and Sublettinq: PrimeCo may assign or sublet the
Licensed Premises or any part thereof without the consent of the City only if
primeco remains liable for fulfillment of payments under this License and the
nature of the use is not changed or the assignment is made to an affiliate of
primeCo. All other assignments shall require the City's prior written
consent, which consent shall not be unreasonably withheld.
20. Memorandum of License Aqreement: Following the execution of this
License, either party, at its sole expense, shall be entitled to file the
Memorandum of License Agreement (attached as Exhibit "D") of record in the
public records of Pinellas County, Florida.
21. Other Conditions:
(a) The City acknowledges that following the execution of this License,
PrimeCo will contact appropriate local governmental agencies for the purpose
of obtaining all building permits and approvals, zoning changes and
approvals, variances, use permits and other governmental permits and
approvals ( "Local Permits") necessary for the construction, operation and
maintenance of the Communications Equipment on the Licensed Premises. The
city agrees to fully cooperate with primeco in obtaining the Local Permits
and, without limiting the generality of the foregoing, to execute any
applications, maps, certificate or other documents that may be required in
connection with the Local Permits.
(b) Whenever under the License the consent or approval of either party
is required or a determination must be made by either party, no such consent
or approval shall be unreasonably withheld or delayed, and all such
determinations shall be made on a reasonable basis and in a reasonable
manner.
(c) The City covenants that primeCo shall, upon paying the rent and
observing the other covenants and conditions herein upon its part to be
observed, peaceably and quietly hold and enjoy the Licensed Premises during
the term of this License or as it may be extended without hindrance or
ejection by the City, any person or persons claiming under the City, or any
other licensee or tenant of the City.
(D) primeco covenants and agrees that primeCo Communications Equipment
and installation, operation and maintenance will:
(1) Not irreparably damage either the WPC or Missouri communications
towers, nor the North Water Tank structure, and accessories thereto.
(2) Not interfere with the operation of the City's radio or other
communications equipment, or that of other licensees or tenants currently
utilizing the towers or licensed or leased premises for such purposes within
100 yards of the License Premises. In the event there is interference by
PrimeCo, primeCo will promptly take all steps necessary to correct and
eliminate same with a reasonable period of time. If primeco is unable to
eliminate such interference caused by it within a reasonable period of time,
primeco agrees to remove its antennas from the City's property and this
Agreement shall terminate.
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(3) Comply with all applicable rules and regulations of the Federal
Communications commission and the ordinances of the City, including but not
limited to the building and electrical codes of the city.
(e) If the Licenses Premises is damaged for any reason so as to render
it substantially unusable for primeCo's use, rent shall abate for such period
not in excess of ninety (90) days while the City, at its expense. restores
the City's towers and/or buildings to its condition prior to such damage.
Provided, however, in the event the City fails to repair the Licensed
Premises with the said ninety (90) day period, primeCo shall have the right
to terminate this License with no further obligations hereunder.
(f) During the term of this License, the City will not grant a similar
license to any other party if such grant would in any way interfere with
PrimeCo's use of its Communications Equipment. In the event of any
interference arising from the installation or operation of communications
equipment at the towers sites by any other party subsequent to the
Commencement Date of this agreement, the City shall take all steps reasonably
necessary to correct and eliminate such interference within a reasonable
period of time. If the City is unable to eliminate the interference within
a reasonable period of time, the City shall be obligated to remove the
communication equipment of the other party from the towers sites. primeco
shall not change the frequency, power or character of its equipment without
first obtaining the written consent of the City, which shall not be
unreasonably withheld. Notwithstanding any provisions of this paragraph to
the contrary, any communications equipment wi thin or upon the Licensed
Premises previously authorized to the use of any other party by the City
shall not require removal.
22. Radon Gas Notification. as required by section 404.056(8), Florida
Statutes, PrimeCo shall take notice of the following:
RADON GAS: Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may
be obtained from your county public health unit.
23. Entire Agreement and Bindinq Effect: This License and any attached
exhibits signed or initialed by the parties constitute the entire agreement
between the City and primeco. No prior written or prior contemporaneous or
subsequent oral promises or representations shall be binding. This License
shall not be amended or changed except by written instrument signed by both
parties. Paragraph captions herein are for convenience only, and neither
limit nor amplify the provisions of this License. The provisions of this
License shall be binding upon and inure to the benef it of the heirs,
executors, administrators, successors and assigns of the parties, but this
provision shall in no way alter the restriction hereon in connection with
assignment and subletting by primeco.
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IN WITNESS WHEREOF, the parties hereto have executed this License as of
the date and year first above written.
PCS PRIMECO, L.P.
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Print Name t<C.UI rJ -:0. }l.I4(2IL
WIT,f C 6<L
Print Name KGIII,v e. ~C~
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned, personally appeared Daniel Behuniak,
Chief operating Officer and President, Southeast Region, PCS primeco, L.P.,
a Delaware Limited Partnership, who acknowledged the foregoing instrument on
behalf of the partnershi~. /7
Ii- c r;;~- ~\~.. KEVIN C BECKER
My Corrvnission CC342234
Notary Public Q_ * liiiJJ. Expir_Jan.13.1998
Print/type name: KEVIN C. o.EcK'&R- ~. BondedbyHAI
"?tlt"...d' 800-422.1565
Personally known ~
Provided Identification
Type of Identification Provided
OR
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
a~ ~z;;r
Elizab6f,h M. Q.eptula, City Manager
r-commissioner
Approved as to form and
legal sufficiency:
Attest:
~ ~~-~-r
Jo n C. Carassas
Assistant city Attorney
~.,,- '.~,'"
~-L~.~.-jJD -
Cy , hiCiE:G6UdeaU_'_,,:~Jty Clerk
~ .'
~)-age 12 of 13
I
I
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Rita Garvey, Mayor-
Commissioner of the City of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof to be her free act and deed
for the use and purposes herein set forth, and who is personally known to me.
9YJ- ~
WITNESS my hand and seal this day of
~:/~
~'{., ,", I ' \, ~ ,,'::.2;040
I" ,,L,..... .. i 22 1~99
~'_' i:-.. EXPIRES IM''1 .
:2 a BONDED THRU IJIII;.
~ _ .~rnc BONDING co.,
Of ~ ...' LI"""
c
, 199 .
Notary Public
Print/type name:
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Elizabeth M.
Deptula, City Manager of the City of Clearwater, Florida, who executed the
foregoing instrument and acknowledged the execution thereof to be her free
act and deed for the use and purposes herein set forth, and who is personally
known to me.
'-fA.- ~
WITNESS my hand and seal this ~ day of
~~.~
~'( Pll<9, CAROLYN L. BRINK
6 EXPIRES MAY 22, 1999
~ BONDED THRU
OF f\..'9" AlLANTIC BONDING co.. INC.
, 199-,--.
Notary Public
Print/type name:
Page 13 of 13
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At. TEN N ASP Eel ALl S T S co. 2 1 to 3 4 '3 8 7 35
I rKL: 1710'1~ MHz : "'
!
DB980H90(E)... -M: 1850-1990 MHz
900, 15 dBd Directional Antenna
MOdel Numb., 08980H90.l(uM I OeS80I-f90I!!.KlJlwI ~l.j
Termlnallon Type N.Female I 7/18 DIN
Frequency R~ng. .Kl: 1710. 18BO MHz (155mm)
.M: lSS0 . 1990 MKl
aaln 15 dad Of 11,1 d8I "E3 :
Null FUI First lower nyl i.lIleu than 18 dB down
1 lrom max. Firtt up~r side IOtlt
$upptessed.
VSWR , c l.S:l
BeamwldUI , Horizontal 900 ~ 7.0-
~dB from max) i Veltlcal 5.50 t O.so
'Front 10 Back Ra1lo : >25 dB
PolarluUon : V.t1ICaI .
Max. Input Pow... 250 Wans
AWllcatlon i PCN, PCS. DCS1800
Weight . 8.5 Ibs (4.0 kg)
Wind Ar.. I 3.3 fP (.31 mI) " -
131 JbI (582N) 59.4 lip (al200 mph) E E
Wind Load "E bE
Max. Wind Speed 185 mph (260 kmi11) U)V
LO~ N
Material I Reflector Sa~: Pass. Aluminum ~ III
: Radlalors: Brass .-
.- -
Radome: PVC. UV Resistant -
: M1~. HantNare: Pan. A/w'nhJm.
Stail11e$e Stool
Color , NonnaJ: Gray
Mounting : Band clamps included.
,
Downtllt Bnc:k.ta I 095095
(Optlon.l) I
W~thec ProtKtlon : Fully protected by backplate and radome.
Lightning , All metal parti ~rounded.
Prolectlon
Packing SlIt 72. x 7' x S.
Shlj)plng Weigh' I 13.2 Ibs (8 kg)
,
Radiation Pa~erna (Relative Field Strength)
; Banct.vldUl
~g'
GO" GO" nT ·
. ,.._--~ .,,'-'-r-~ f--r 2.8~1--
.....'- --....... ...' \ ""...-
. \. .--:-.... w" / '~~._-~ 3tJ" (51mm) (71mm r
~~ ." :~~ \ i
"._' ~ ___10. ,. _ . ~. .
~"\ ',c- '.:' '.:--" < ~\ :
. . ..-, I' t. ...... , . 15 dBd (17.1 d8i) Gain Dlrecti~nal
' ";'" !,::~~-:d. . " '''''''R.
.. "..... '-;:; , '_ '-.:t--' -:-....
. \, . - ,'... ~ -,\ "
,'- .. ',_ .: I , Antenna with 900 horizontal 3 dB
",'- -......-, ... ,-.....,\ .
. '- . \ "'-= t- .,'\ . I
"-. .,~...., ,'.. ,-- . beamwldth -KL: 1710-1880 MHz or
~Qo --- . --0--' -M: 1850-1990 MHz, j'
Horlzontll Vtttlc.1
099045-000- I: 10195
.,.. DECIBEL PRODUCTS I
. ~, .
A Division of the AL.L~ TELECOM GROUP . '
8635 Slemmons Freeway. P. Q. Box 569610 . Dallas, Texas 75366-9610
214/631.0310 · Fax: 214/831....708 .... ".a
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P.03
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TO: Construction Managers
FROM: Ricardo loor
DATE: 11/22/9S
RE: RF Configuration
Tower Heights:
90 feet
100 feet
120 feet
140 feet
160 feet
180 feet
200 feet
220 feet
240 feet
260 feet
Azimuth
A-IO, B-130 ,C-250 degree
Antenna types.
90 degree directional antenna with 17.S dBi gain.(IS.S dBd)
connectors- 7/16 DIN
Antenna model DB980H80E-M
Band of Operation: 1850-1990 Mhz
DownTilt- yes
Cable Type:
7/8 - 0 - 120
I 1/4 - 120 to 140
I 5/8 - 140 and up
Color coding for Cable
A-RED
B-BLUE
C-GREEN
Number of Antennas
total 6 -- 2 per sector (now)
total 9-- 3 per sector for future
Antennas separ:atioD
Left Right
Rx ---------12 feet----------- Rxffx
r
EXlllBIT "C"
I (Applicable to North Water TJnk)
EllIST. T_ 100'1'
PROP.
COAX.
CABlE
ELEVATION
SCAlE' NOT TO SCAlE
NOTE'
THS $lC[TCH IS rCJI SCHEIlATIC PI.flPOS[S
~ '1'. DO NOT US[ THS rOR OII€NSIONS.
A&&&~KCI
A""": TIlCHNOLOOIBI
ANTENNA INSTALLATION
WATER TANK SKETCH
ELEV ATlON
BY: OJ!( 03-07-96
yeS
~ PCS p,~ L.P.
887S HCDEN RIVER PKWY
SlITE JSO
TAMPA, fLOR()A JJ6J7
~imeCO
..
~A~~~KCI
.... _ TBCHNOLOOIBI
I
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_____.!!C;)=-.._
PROP, NlTENNA lTYP.l
E),IST. CATWAlK HANORAIl.
PLAN VIEW
SCAlE ' NOT TO SCAlE
NOTE'
THS SIl(TOI IS FOR SOIEIlATIC PURl"OSES
~ T. DO NOT US( TItS FOR DlWENSlONS.
ANTENNA INSTALLATION
WATER TANK SKETCH
PLAN VIEW
BY: DJK 03-07-96
PCB
~ PCS Pr~L.P.
8875 ~N mVER PKWY
SUTE 350
TAMPA, FlORlOA 3J637
~itn~CO
.9
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Prepared by & return to:
Earl Barrett
Engineering Administration
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618-4748
EXHIBIT "D"
MEMORANDUM OF LICENSE
KNOW ALL MEN BY THESE PRESENTS THAT:
THIS MEMORANDUM OF LICENSE is made this day of
, 1996, by the CITY OF CLEARWATER, FLORIDA,
a Florida Municipal Corporation.
WIT N E SSE T H:
WHEREAS, the CITY OF CLEARWATER, FLORIDA ("city"), whose
address is P. O. Box 4748, Clearwater, Florida 34618-4748 has
licensed to PCS PRIMECO, L. P., a Delaware Limited Partnership,
whose address is 8875 Hidden River Parkway, suite 350, Tampa,
Florida 33637 ("PrimeCotl), and primeCo has accepted a license from
the City, upon and subject to the terms, covenants, conditions,
limitations and restrictions contained in that certain License
Agreement dated , 1996 ("License") between
the parties, that certain real property situated in Clearwater,
pinellas County, Florida, more particularly described in Exhibit A
attached hereto ("Licensed Premises").
The Term of the License is for five (5) years,
, 1996, and ending
subject to PrimeCo's option to extend the
additional periods of five (5) years each
conditions set forth in the License.
commencing on
, 2001,
term for four (4)
upon the terms and
The Rent and other obligations of the city and PrimeCo are set
forth in the License, t.o which reference is made for further
particulars. In the event of any conflict between the terms and
provisions of the License and those contained in this Memorandum,
those contained in the License shall govern and be controlling.
Page 1 of 3
."
I
I
IN WI'rNESS WHEREOF, the City has executed and acknowledged
this Memorandum as of the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Elizabeth M. Deptula
City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
Attest:
John Carassas
Assistant city Attorney
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
.
.
.
.
BEFORE ME, the undersigned authority, personally appeared Rita
Garvey, as Mayor-Commissioner of the City of Clearwater, Florida,
who executed the foregoing instrument and acknowledged the
execution thereof to be her free act and deed for the use and
purposes therein set forth, and who is personally known to me.
WITNESS my hand and seal this ____ day of
1996.
Notary Public - State of Florida
Print/type name:
STATE OF FLORIDA
COUNTY OF PINELLAS
.
.
.
.
BEFORE ME, the undersigned authority, personally appeared
Elizabeth M. Deptula, as City Manager of the City of Clearwater,
Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be her free act and deed for the use and
purposes therein set forth, and who is personally known to me.
WITNESS my hand and seal this ____ day of
1996.
Notary Public - State of Florida
Print/type name:
Page 2 of 3
;f
I
I
EXlDBIT A
License Premises
RE: AGREElfENT BY ~ BE'lWEEN THB CITY OF CLEARWATER, FLORIDA AND PRIIfECO, L.P.
Non-exclusive use of not more than 375 square feet of land in
the immediate vicinity of structures described below, situate and
being within the chain link fenced boundaries enclosing each of the
said facilities owned and/or controlled by the City of Clearwater,
Pinellas County, Florida:
1. COMMUNICATIONS TOWER - Operational upon the grounds of
the City's Northeast Water Pollution Control Plant, 3290 S.R. 580
and McMullen Booth Road, Clearwater, Florida, located at Latitude
28001'54" North and Longitude 82042'16" West.
2. COMMUNICATIONS TOWER - Operational upon grounds under
lease to the City of Clearwater by the Florida Department of
Transportation at 1400 Young Street, Clearwater, Florida, located
at Latitude 27056'42" North, and Longitude 82047'13" West.
3. NORTH WATER TANK - Operational upon the grounds of the
City's Kings Highway Recreation Center, 1751 Kings Highway,
Clearwater, Florida, located at Latitude 27059'09" North and
Longitude 82046'43" West.
Page 3 of 3