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HomeMy WebLinkAboutResolution_53-99/00_04/13/2000• RESOLUTION NO. 53-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN ENTRY AND TESTING AGREEMENT BETWEEN THE VILLAGE AND SPRINT SPECTRUM L.P. IN ORDER FOR SPRINT SPECTRUM TO DETERMINE THE VIABILITY AND FEASIBILITY OF THE TEQUESTA WATER TREATMENT PLANT PROPERTY AS A TOWER OR ANTENNA SITE AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ENTRY AND TESTING AGREEMENT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Entry and Testing Agreement between Sprint Spectrum L.P. and the Village of Tequesta to enable Sprint Spectrum to determine the viability and feasibility of the Tequesta Water Treatment Plant property as a tower or antenna site, attached hereto is attachment "A" and incorporated by reference as a part of this Resolution is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauer who moved its adoption. The motion was seconded by Councilmember Walker and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Basil E. Dalack Geraldine A. Genco Elizabeth A. Schauer Sharon D. Walker • • The Mayor thereupon declared the Resolution duly passed and adopted this 13th Day of April, 2000. MAYOR OF TEQUESTA i ' ~, . sf' i ..-._ • ATTEST: oann Mangani llo Village Clerk documents\resolutions\sprint spectrum resolution.doc • Exhibit A • Site: Village of Tequesta Site I.D.MI42xcOb7 MTA: Miami ENTRY AND TESTING AGREEMENT r _, `.PHIS .AGREEMENT ("Agreement's is made and entered into as of the = `~ day o~ ~", 2000, by and between Village of Tequesta ("Owner's and Sprint Spectrum L.P. ("Sprint Spectrum', concerning the following described property owned by Owner ("Property': Water treatment plant and related structures and property located at 901 Old Dixie Highway, Tequesta, FL 33469. A. Sprint Spectrum has an interest in leasing the Property for use as a tower or antenna site for the receipt and transmission of wireless communications signals; and B. In order for Sprint Spectrum to determine the viability and feasibility of the Property as a tower or antenna site, it is necessary for employees, agents or independent contractors of Sprint Spectrum to enter upon and inspect the Property and/or temporarily locate communications equipment on the Property to conduct short term radio propagation tests, and to make application with local, state and federal governmental entities for approval of the Property as a tower or antenna site; and C. Owner and Sprint Spectrum desire to provide for the entry upon, inspection and/or testing activities, and applications concerning the Property pursuant to the terms contained in this Agreement. • NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in this Agreement, Owner and Sprint Spectrum agree as follows: 1. Consent. Owner consents and agrees that Sprint Spectrum, its employees, agents and independent contractors ("Authorized Partiea'~ may enter upon the Property to conduct and perform some or all of the following activities ("Permitted Activities"): surveys, geotechnical soil borings and analyses, phase I environmental audits, boundary surveys, radio propagation studies, and such other tests and inspections of the Property which Sprint Spectrum may deem necessary or advisable. Sprint Spectrum agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property. 2. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf to such local, state and federal governmental entities whose approval Sprint Spectrum may consider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited to, governmental approvals for zoning variances, rezoning applications, building permits and wetland permits. Owner hereby agrees that an executed copy of this Agreement is as effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such other and further documents as may be required by the governmental entity in question to evidence Owner's consent to the action which is proposed to be taken. 3. Access. Owner agrees that the Authorized Parties may enter upon the Property to perform the Permitted Activities upon execution of this Agreement and may • have access to the Property for up to 120 days. Version 1.0 11 /30/95 • 4. Removal of Property. Sprint Spectrum agrees that it will, upon the conclusion of the term of this Agreement, remove any equipment installed on the Property as a part of the Permitted Activities, repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and will return the Property to the condition it was in before Sprint Spectrum's entry onto the Property. In the event any equipment installed on the Property by Sprint Spectrum is not timely removed, Owner will have the right to remove such equipment and Sprint Spectrum agrees to be responsible for the reasonable costs of such removal. • • 5. Indemnity. Sprint Spectrum agrees to indemnify, save harmless, and defend Owner, its directors, officers, employees, and property management agent, if any, from and against any and all claims, actions, damages, liability and expense in connection with personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Property caused by the act or omission of the Authorized Parties in conducting the Permitted Activities. Any defense conducted by Sprint Spectrum of any such claims, actions, damages, liability and expense will be conducted by attorneys chosen by Sprint Spectrum, and Sprint Spectrum will be liable for the payment of any and all court costs, expenses of litigation, reasonable attorneys' fees and any judgment that may be entered therein. 6. Insurance. At Owner's request, Sprint Spectrum agrees to provide a certificate of insurance evidencing Sprint Spectrum's insurance coverage. 7. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the state of Florida, without regard to such state's conflict of laws provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SPRINT SPECTRUM L.P. OWNER: Village of Tequesta By: ~-~~ C Name: Title: i/G .~~-~ ~ 3S Date: `-~ ~~lact Name: N 6wl ~ 5 /L r1_ ~~' t2 !7 Title: ~' =r ~-1-~'"G ~ ~ ~ A.' /.~-ca- E /L Date: ~'4' - r 3 - d a Version 1.0 11 /30/95 2