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HomeMy WebLinkAbout2.68 Original Contract ~, /pg " CITY OF PORT ANGELES COMMUNICATIONS SITE FACILITY USE LEASE The City OfPOli Angeles hereby leases the below described space to: USA Mobility, Incorporated to install, maintain and use communications equipment described herein at the City of Port Angeles Radio l?uilding located at: 1022 South "E" Street, Port Angeles, Washington It is recognized and agreed to by all parties hereto that this Radio Site Facility's main purpose is to provide radio and other communication services for public safety activities and/or operations, and that these functions have priority over the conunercial equipment and/or activities at this site. "Public safety" refers to services protecting the health and welfare of the general public, including but not limited to COlllillullicatiol1s with or by police, fire, medic, hospital, utility repair, aviation, Coast Guard, PENCOM dispatch services or search and rescue operations. USA Mobility, Inc. (hereinafter refen'ed to as "Lessee") covenants and promises, and the CITY OF PORT ANGELES (hereinafter refelTed as "City" or "P APD") agrees as follows: 1. The Lessee shall have the right to install, maintain and use two (2) single-service radio equipment installations ill the above designated building, and antemlae on the associated tower as specified below. A single-service radio equipment installation is defined as a transmitter or transceiver with antennae, including linking equipment, duplexers or other antelmae interface equipment, all in accordance with and conforming to the specifications listed in Paragraph 2. The radio equipment and antelmae allowed and the frequencies authorized are as follows: A paging only transmitter with operating fre.quellcy of 931.2,125 JnH:?: and an associated link receiver which is not currently in use, but which may be used at USA Mobility's discretion. One vertical fiberglass mast Olllili directional antemm approximately ten (10) feet in height to be located at the twenty (20) foot level on the northeast leg of tower is authorized for the transmitter. The receiver will use an existing vertically polarized yagi licensed to the mobile/paging transceiver. 2. A single-service cOlllinunications equipment installation and antelU1ae shall be constructed, installed and operated in accordance with the following specifications: (A) Each single~service installation shall not exceed 20 cubic feet of space within the building. No equipment shall be installed within the building and the Lessee shall -1- G:\LEGAL\REAL ESTATE\LEASES\MetroCall Communication Use Lease.doc 9/412008 2:49 PM not alter, modify or improve the building in any way without the express written approval of the POli Angeles Police Chief or his designee. (B) The Lessee's communications equipment shall not interfere with or cause the degradation oftlle operation of any other radio equipment now installed, or to any public safety communications equipment currently installed or installed in the future. (C) No equipment shall exceed 250 watts output from the transmitter, measured between the transmitter and antennae interface equipment. (D) No single-service installation shall exceed 500 watts average power consumption, or 1500 watts peale consumption. Peak consumption shall not be greater than 50% of total consunlption time. (E) No equipment other than the antemlae and its associated equipment shall be allowed outside of the building. (F) No venting-type batteries are permitted ill the building, and no tools or other loose equipment may be stored in the building. 3. All costs of installation and maintenance of equipment allowed pursuant to this Lease shall be borne by the Lessee. If said equipment interferes with or causes the degradation oftlle operation of any other communications facility equipment installed prior, or to any public safety equipment currently installed or installed in the future, Lessee shall bear all costs of installing corrective equipment or otherwise eliminating said intelference or degradation. 4. A key to the radio building and the associated security alarm key shall be supplied only to the authorized communications equipment maintenance and repair personnel, as detennined by the Port Angeles Chief of Police or his designee. 5. The POli Angeles Chief of Police or his designee, shall have the right to inspect any cOlmnunications equipment at the site at any time. Lessee shall not install or use any equipment until approved and inspected by the Port Angeles Chief of Police or his designee. The Port Angeles Chief of Police or his designee, shall inspect radio equipment during installation and prior to commencement of use. 6. The term oftbis Lease Agreement shall commence on July 1,2008 and shall terminate on the last day of June, 2009. The Lease shall be subject to mmual renewal for a period 110t to exceed ten (10) years in length ofiime, provided that Lessee gives notice to City of its intent to renew at least ninety (90) days prior to expiration of said Lease and complies with all other requirements. Either party may tenninate tlns Lease, without cause, by giving one hundred eighty (180) days written notice to the otller party. Tills lease shall supersede all previous leases between the parties for the property described herein:. -2- G:\LEGAL\REAL ESTATE\LEASES\MetroCall Communication Use Lease.doc 9/4/2008 2:49 PM - ----..---------------------------------- 7. The a1UlUal rental fee for the two (2) above described single-service installations shall be $3,244.00, plus the leasehold excise tax, as required by Washington State Dep31iment of Revenue and RCW 82.29A.OIO, et seq., (cID1"ently 12.84%), payable July 1st of each ye31'. On each annual anniVerS31"y date, a new annual rent will be established. The rent schedule will be adjusted annually on the 31ll1iversary date based on 311 annual 4% increase. The City will mail an invoice annually to Lessee. A. In the event that the Washington State Dep31iment of Revenue establishes that the said rental amoID1t is inadequate according to the provisions of RCW 82.29A.020(2) and WAC 458-29A-200(6), then the p31iies agree that the rental amount shall be renegotiated to bring the rental amoIDlt into compliance with the provisions of said statute. 8. The City of Port Angeles will be solely responsible for and will provide electricity 311d back up generator for the Leased Premises. 9. In the event that Lessee shall violate any of the telms of this Lease, particularly, but not limited to, Paragraph 2 (B) above, the Port Angeles Chief of Police or his designee may immediately stop or prevent the operation and use of the Lessee's equipment to prevent interference with or the degradation of public safety activities, and shall give thirty (30) day written notice to terminate this Lease for cause. The notice shall specify what terms of the Lease have been violated. If, within seven (7) days after the date of the mailing of the notice, the Lessee COl1"ects the violation(s) stated in the notice, the Lease shall not be terminated. The Port Angeles Chief of Police or his designee may demand assur311ces from the Lessee that the violation shall not occur again. 10. The Lessee agrees to indenmify, save, and hold h31"mless the City, its employees and Representatives, from 311Y and all liability or claims of liability, for injmies or damages sustained by the indemnifying pmty, by any of its employees, contractors, or third persons, or by any third person inspecting, servicing, or working on Lessee's equipment, arising out of, in connection with, or incident to the exercise of any rights or pelformance of any duties under this Lease, except where such injuries or d31nages result fi"om the sole negligence of the City, its employees or agents" Lessee specifically waives its inununity under the Worker's Compensation Act, Title 51 RCW, solely for the purposes of this indemnification" The parties have mutually negotiated tIns waiver. The provisions of this section shall sID-vive the tennination ofthis Agreement relating to all incidents taking place while said Agreement was in effect. 11. Should a court of competent jurisdiction detelmine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting fi.-om the concurrent negligence of the Lessee and the City, the Lessee's liability herewlder shall be only to the extent of the Lessee's negligence. 12. Lessee shall procure and maintain for the duration of this Lease iUSID"311Ce against claims for injID"ies to persons or damage to property which may arise fi'om, or in cOlmection with - 3- G:\LEGAL\REAL ESTATE\LEASES\MetroCall Comm.IDlication Use Lease.doc 9/4/2008 2:49 PM ~----- - ~ .----------...- .--~-------------_._------------------_._--_.__._--------------- ------------~ - --- --- -- ._--.--------- ", the placement, maintenance, operation and use of c01mnunications equipment as contemplated by this Lease. Said insurance shall consist of a general commercial liability policy, written with a company licensed to do business in the State of Washington, written 011 an OCCUlTence basis with limits of no less than $1,000,000 combined single- limit per OCCUlTence and $2,000,000 aggregate for personal injury, bodily injury and property damage, muning the City of Port Angeles as an additional insured; and 13. Lessee agrees to asswne responsibility to ensure that any employed contractor, or third- party who inspects, services or works 011 Lessee's equipment shall be covered by or carry liability insurance in the lninimmn amounts of $1,000,000 combined single limit per occurrence, and $2,000,000 aggregate for personal injury, bodily injury and property damage. It is agreed that in requiring and setting such limits, the parties are 110t purporting to assess any risks involved, but only wish to ensure the availability of adequate insurance for any claims. DATED this ~ay of ~ 1. . LESSOR CITY OF PORT ANGELES , 2008. LESSEE USA MOBILITY, INC. By: ~ L f).;b~ ~ Jerald Osterman Interim City Manager By: --" Attest: .Y,/b4:1&{~ ..Au t'~~.j Ap~ Becky Upton, it lerk- STATE OF TEXAS COUNTY OF l:\n U a!:> ) ) ss. ) On this day personally appeared before me KATHRYN WENlUCK of USA MOBILITY, INC. and executed the within and forgoing instrmnent, and acknowledged said instrument to be the free and volwltary act and deed of said agency for the uses and purposes therein mentioned and on oath stated that he is authorized to execute the said instrument. GIVEN unto my ~1and and official seal this ~ day of 6t'f+e IVI b{ r; 2008. ~ /~\.'iA~f~t, MISTY E. JEFFCOAT NOTARY the State of TEXAS, ~\l\r..t~ MY COMMISSION EXPIRES residing at: '~~,w:'.~~'t~.~ October 16, 2010 My commission expires: / IJ;/! (p JI D -4- G:\LEGAL\REAL EST A TE\LEASES\MetroCall Communication Use Lease.doc 9/4/2008 2:49 PM STATE OF WASHINGTON ) ) ss. COUNTY OF CLALLAM ) On this day personally appeared before me JERALD OSTERMAN, to me ImoWll to be the Interim City Manager of the City of Port Angeles that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned and 011 oath stated that he is \\\litlll,UII/ authorized to execute the said instrument. ",\\\\~P. R 1.(;""1'" ~ ~ .......... ,,~~+. l' ~...~,"O. :i..........,. ~ ~ '1';!Ir .... '" ~ . . ) I ! .0'.',. \ :: --- i \ ~\~~.~\f, ~~; " ~'" - ~.' '"T~ ... ~'......"l .. "" ~O...........d......~ """ F WAS" "-"",, """11I11\1\\\ GIVEN unto my hand and official seal this 4-f!:J day of tJov9mke,.. , 2008. Ie NOTARY PUBLIC in and for t1 tate of Washington, residing at Se't u; 1'1'\ My commission expires: '1) I a q ! ~a I' NOTICES: All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, retum receipt requested, or sent by overnight calTier to the following addresses: If to Landlord, to: with a copy to: City of Port Angeles 321 E. 5tll Street PO Box 1150 Port Angeles, W A 98362 Attn: City Clerk Phone: 360-4174634 City of Port Angeles Legal Department 321 E. 5th Street PO Box 1150 Port Angeles, W A 98362 Attn: Sr. Assistant City Attorney Phone: 360-417-4532 If to Tenant. to: Annual Invoices to: USA Mobility, Inc. 3000 Tec1mology Drive #400 PIano, TX 75074 Attn: Kathryn Wenrick VP, Technology Administration Phone: 972-801-0215 USA Mobility, Inc. 3000 Teclmology Drive #400 PIano, TX 75074 Attn: Accounts Payable Send pavments to: City of Port Angeles Finance Department Reference Invoice # PO Box 1150 Port Angeles, W A 98362 - 5- G:\LEGAL\REAL ESTATE\LEASES\MetroCall Communication Use Lease.doc 9/4/2008 2:49 PM _ ------- -_._~---_. _ ----- -- _ ------~---_.- ~-------~---------_._- _ ---- -- ----- --.----------- -- -- ---~ "