PLACEMENT: Departmental
TITLE:
title
ADOPTION OF A RESOLUTION APPROVING TWO SEPARATE TOWER AND GROUND SPACE LEASES WITH THE VILLAGE OF INDIANTOWN, LOCATED ON TWO COUNTY-OWNED PROPERTIES WITHIN THE MUNICIPAL BOUNDARY OF THE VILLAGE OF INDIANTOWN
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EXECUTIVE SUMMARY:
executive summary
This is a request for the adoption of a Resolution approving two separate Tower and Ground Space Leases with the Village of Indiantown (VOI), for the use of County-owned towers, one located within Big Mound Park and the other off SW Allapattah Road, in Indiantown.
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DEPARTMENT: Public Works
PREPARED BY: Name: Carla T. Segura, FRP
Title: Real Property Manager
REQUESTED BY: Don G. Donaldson, P.E., CFM - County Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
1. Agreement/Contract drafted by:
Martin County
2. Parties to the Agreement/Contract:
Martin County - Landlord
Village of Indiantown - Tenant
3. Purpose of the Agreement/Contract:
Lease two towers for meter reading equipment associated with water and wastewater needs
4. New/Renewal/Modification:
New
5. Duration:
Five (5) years with two (2) five (5) year renewal periods
6. Benefits to Martin County:
Improved meter reading for water and wastewater services by the Village of Indiantown
7. Cost to Martin County:
Administrative costs
The VOI has requested leases with Martin County for tower and ground space on two (2) County owned communication towers, one located on SW Indian Mound Drive within Big Mound Park and the other on the east side of SW Allapattah Road in Indiantown, to allow them to utilize their recently installed remote meter-reading hardware. VOI determined that they required antenna to read their meters so their request was fast tracked by County staff to enable them to utilize their new hardware. The towers are identified as appropriate locations for the proposed use.
The proposed Tower and Ground Space Leases each have a term of five (5) years with two (2) five (5) year renewal periods to commence on August 1, 2024.
Standard operating procedures for communication towers require load studies to ensure stability for new equipment and minimal rental payments to cover administrative costs associated with the towers. Currently, each of the Leases includes rental payment in the amount of One Thousand Three Hundred Fifty Dollars and 62/100 cents ($1,350.62) annually with annual increases of three percent (3%), along with standard insurance requirements approved by the County’s Risk Department and Relation. The lease payment rates, and insurance requirements are consistent with all existing leases with other municipalities within Martin County that utilize our towers. Lease payments are provided to the ITS Department for administration and maintenance of the towers.
VOI has requested a waiver of all rent fees and a reduction in the County’s insurance requirements which are greater than what the Village currently carries. Waiver of lease fees shifts the maintenance burden to the County, and reduction in insurance requirements opens the County to possible increased liability.
The County is authorized, pursuant to Sec. 125.38, Fla. Stat., to lease real property owned by the County to not for profit organizations and governments organized for the purposes of promoting community interest and welfare.
ISSUES:
VOI has requested waiver of rent fees on both towers and reduced insurance requirements.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and legal staff have identified legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution approving the two Tower and Ground Space Leases with the Village of Indiantown, as attached, with a waiver of the rent fees and reduced insurance requirements, with final wording approval by the County Attorney’s Office and authorize the Chairman to execute any and all documents necessary to complete these transactions.
ALTERNATIVE RECOMMENDATIONS
Provide staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other: Lease (2 Leases)
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.