SUBJECT:
Title
Request Approval of an Assignment and Assumption of Site License Agreements and a Settlement Agreement and Release Associated with a Communications Tower Agreement Between L3Harris Technologies, Inc. and Marion County (Budget Impact - Revenue of $56,000)
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INITIATOR: |
DEPARTMENT: |
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H. Elton Holland, P.E., County Engineer |
Office of the County Engineer |
DESCRIPTION/BACKGROUND:
This is a request to approve an Assignment and Assumption of Site License Agreements and a Settlement Agreement and Release (Settlement) associated with a Communications Tower Agreement (Tower Agreement) between L3Harris Technologies, Inc. and Marion County for a portion of Parcel Number 32840-009-00 owned by the United States Department of Agriculture (USDA).
Marion County leases ground space from the USDA for the use, operation and maintenance of a 9-1-1 communications tower facility. The terms of that lease allow Marion County to lease space to various cell phone companies.
The Tower Agreement between Marion County and L3Harris Technologies, Inc. expired on December 31, 2016; however, the Tower Agreement allowed L3Harris Technologies, Inc. to continue their occupancy and operation of the site subject to paying a 200% monthly hold-over rental fee as specified in Section 9 of the Tower Agreement, instead of the rental rate at the time the lease term expired.
The proposed Settlement in the amount of $56,000 is for a portion of the outstanding hold-over rental fee owed by L3Harris Technologies, Inc and releases them from the Tower Agreement as they are no longer operating the site for the State of Florida as of July 1, 2021. Additionally, the proposed settlement stipulates that the Department of Management Services (DMS) will be responsible for payment from July 1, 2021 through December 31, 2021 and that Marion County and DMS will enter into a new agreement in the interim.
BUDGET/IMPACT:
Revenue of $56,000 - General Fund - AA000362 - 362010
RECOMMENDED ACTION:
Recommended action
Motion to approve the Assignment and Assumption of Site License Agreements and the Settlement Agreement and Release and authorize the Chair and Clerk to execute the same.
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