HomeMy WebLinkAboutAgreement A-19-744 with City of Fresno.pdf-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LEASE AGREEMENT
THIS LEASE AGREEMENT (“LEASE”) is made and entered into on December _____, 2019, by
and between the COUNTY OF FRESNO, a political subdivision of the State of California, 333 W Pontiac
Way, Clovis, CA 93612-5613, ("LESSOR") and the CITY OF FRESNO - WASTE WATER DIVISION,
5607 West Jensen, Fresno, CA 93706 ("LESSEE").
WITNESSETH:
WHEREAS, LESSEE desires to lease certain LESSOR property for the purpose of establishing,
operating and maintaining a radio antenna, receiver and transmitter; and
WHEREAS, LESSOR’s property described in this LEASE is not now, and will not during the
period of this LEASE, be needed for County purposes.
NOW, THEREFORE, LESSOR and LESSEE agree to enter into this LEASE upon the terms and
conditions as follows:
1.DESCRIPTION - LESSOR does hereby lease to LESSEE, and LESSEE does hereby lease from
LESSOR, the following described space and/or facilities, in "as-is" condition, controlled by
LESSOR at a location atop the Fresno County Plaza Building, 2220 Tulare St., Fresno, CA
93721 ("Premises"), for the purpose of establishing, operating and maintaining a radio antenna,
receiver, and transmitter, as provided herein:
a)One (1) space in the location as shown on Exhibit A, attached and incorporated by this
reference.
b)One (1) antenna-mounting position as shown on Exhibit B, attached and incorporated by this
reference.
2.USE - LESSEE shall use the Premises solely for the purpose of installing, maintaining, repairing
and operating the equipment, as described on Exhibit C, attached and incorporated by this
reference, for the radio antenna, receiver and transmitter. LESSEE has inspected the Premises,
and agrees the Premises are suitable for LESSEE'S intended use.
3.FREQUENCY - LESSEE shall have the right to use the following frequencies on the Premises:
•Transmit 11200 MHz; Receive 11200 MHz
10th
Agreement No. 19-744
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
LESSEE shall provide not less than thirty (30) days’ prior written notice to LESSOR if
LESSEE adds or changes its licensed frequencies used at the Premises.
4. TERM AND TERMINATION - The primary term of this LEASE shall be for a period of five (5)
years, commencing on July 1, 2020, and terminating on June 30, 2025. However, this LEASE
may be terminated by either party at any time by giving the other party sixty (60) days’ prior
written notice. In the event this LEASE is terminated by LESSOR prior to the expiration of the
term, LESSEE shall be refunded the portion of the rent advanced for those months following the
date in which the LEASE is terminated, and/or the date LESSEE'S equipment is removed,
whichever is later. In the case of LESSOR, LESSOR’s termination notice shall be signed by the
County Administrative Officer or one of his/her designees.
5. RENEWAL - This LEASE may be renewed, and LESSEE’s equipment may remain on the
Premises, under the same terms and conditions described in this LEASE, after the primary term.
This LEASE shall automatically be renewed each year, unless either LESSOR or LESSEE
chooses not to renew, by giving prior written notice at least sixty (60) days before the expiration
of this LEASE. In no event, shall this LEASE extend beyond June 30, 2030.
6. RENT - Rent shall be paid by LESSEE at the rate of $335.00 per month, paid to LESSOR on or
about the 1st of each month, and prorated for partial portions thereof. Rent is composed of the
following standard rates for equipment and space:
A. Vault Space Description Cost Per Unit Total Cost
1 Equipment Space $142.00 $142.00
B. Antenna Description Cost Per Unit Total Cost
1 4 Ft Antenna $22.00/foot $88.00
C. Equipment Description Cost Per Unit Total Cost
1
1
Receiver
Transmitter
$35.00
$71.00
$35.00
$70.00
Total Rent/Mo $335.00
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The monthly rental rate includes electrical usage. If LESSEE'S actual electricity usage exceeds
135kw hours per month, as determined by LESSOR, LESSOR may increase LESSEE'S rent to
reflect LESSOR'S additional costs incurred by the additional electrical usage.
7. RENT INCREASE - Beginning July 1, 2020, and on each July 1 thereafter, the rent shall
increase by 4% per year.
8. VACATING - Prior to or on the last day of the term or earlier termination of this LEASE, LESSEE
shall cease operation of, and remove all installed equipment and vacate the leased Premises.
LESSEE shall surrender Premises to LESSOR in original condition, less reasonable wear and
tear. Any failure by LESSEE to cease operations and vacate the Premises as provided herein
shall be considered an unauthorized month-to-month holdover by LESSEE, in which case the
LESSOR shall take the necessary steps to terminate LESSEE’S operating and occupancy. Any
of LESSEE’s equipment remaining after termination of this LEASE, without permission of
LESSOR, following thirty (30) days’ written notice from LESSOR and reasonable opportunity to
remove the equipment, shall become the property of LESSOR, and may be used or disposed of
as determined by LESSOR.
9. ORIGINAL INSTALLATION OF EQUIPMENT - Prior to installation of equipment, LESSEE shall
submit to LESSOR a detailed plan showing the method of installation of all equipment. LESSOR
shall approve this plan prior to commencement of installation of any equipment, and prior to any
obligation by LESSEE to pay rent.
10. MAINTENANCE OF PREMISES - LESSEE shall be responsible for any damage to the roof of
the building owned by LESSOR and occupied by LESSEE, which may be caused by LESSEE or
any of its agents or representatives. LESSEE agrees not to commit, suffer or permit any waste or
nuisance on the Premises, and not to use or permit the use of the Premises for any illegal or
immoral purposes. LESSEE agrees to permit the LESSOR or its agents to enter the Premises at
any reasonable time to inspect same. LESSEE further agrees to comply with all federal, state
and local laws, ordinances or other governmental regulations.
11. ENFORCEMENT OF THE LEASE – If, following notice and reasonable opportunity to cure, a
default shall be made in any of the covenants or agreements on the part of LESSEE contained in
-4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
this LEASE, LESSOR may, at its option, at any time after such default or breach and without any
further demand on or notice to LESSEE or to any other person, of any kind whatsoever, re-enter
and take possession of the Premises and remove all persons and property therefrom, and
LESSEE waives any legal remedy to defeat LESSOR'S rights and possession hereunder.
12. SUCCESSORS AND NON-ASSIGNMENT - The parties hereby each bind themselves, their
successors and assigns with respect to all covenants and conditions under this LEASE. The
LESSEE shall not assign or transfer its interest or obligations under this LEASE, or sub-lease
said Premises or any portion thereof, provide radio equipment for the use of others, or cause or
permit any change of any equipment installed in such Premises, without the prior written
approval of LESSOR. Notwithstanding the foregoing, LESSEE may grant a collateral assignment
of its rights under this LEASE to any lender who, as a condition to providing financing to
LESSEE, requests such an assignment. Said assignment shall not alter any of LESSEE'S
responsibilities under this LEASE, or provide any property or contract rights to the assignee
greater than those of the LESSEE or LESSOR.
13. ADMISSION TO EQUIPMENT SITE - LESSOR agrees that LESSEE shall have restricted
access to the tower and/or equipment room for the purpose of installing, repairing, removing,
replacing and maintaining LESSEE'S equipment. LESSEE will permit only authorized engineers,
employees or properly authorized contractors of LESSEE, Federal Communications Commission
(F.C.C.) inspectors, or persons under their supervision, to enter said Premises. LESSEE'S
authorized technicians must contact County Security, provide authorized LESSEE
identification and sign the permission ledger prior to entry and when exiting the
equipment site. LESSEE further agrees to exercise firm control over persons requiring access
to the equipment installed by LESSEE at this location, and ensure by prior notice and training to
such persons that they are entering an area that may contain radio frequency radiation.
14. ADDITIONAL EQUIPMENT - LESSOR grants to LESSEE the right to install additional equipment
subject to proper notice and approval by LESSOR. All such requests shall be memorialized in
writing by either the County Administrative Office or Chief Information Officer of the Information
Technology Services Department. LESSEE must provide to LESSOR thirty (30) days’ prior
-5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
written notice to request installation of additional equipment. If equipment cannot be
accommodated, and lack thereof would substantially impair LESSEE'S ability to operate on the
Premises, LESSEE may terminate this LEASE.
15. SPACE REALLOCATION - No priority or other rights shall attach to the use of space in
LESSOR'S building or on the Premises. LESSOR shall have the right at any time upon giving
notice thereof to reassign or reallocate the amount or location of spaces for communication
equipment for the use of LESSEE or LESSOR. In the event that a space reallocation is made,
LESSEE shall, within 30 days of receipt of notice thereof, remove or relocate its equipment in
conformity with said reallocation. If space is required for another public agency or if a frequency
incompatibility that is not completely corrected as provided hereunder occurs, this LEASE shall
be subject to termination with LESSEE having 90 days to vacate the Premises.
16. ELIMINATION OF INTERFERENCE - In the event LESSEE'S installation, or operations, in any
way hinders, obstructs, or interferes with, the radio or electronic equipment of the LESSOR, or
any tenant presently occupying space at the Premises, LESSEE shall, at its sole cost and
expense, upon receipt of written notification, forthwith cease the interfering installation or
operation. Any costs incurred by the LESSOR in isolating the interference, and determined to be
a result of LESSEE'S radio, electronic or antenna systems, will be reimbursed to the LESSOR
within thirty (30) days upon receipt of billing, or this LEASE may be terminated by LESSOR. If
such hindrance, interference or obstruction does not fully cease within thirty (30) days after
receipt by LESSEE from LESSOR of the notification of the existence thereof, LESSOR shall
have the right to order cessation of LESSEE'S equipment as may be necessary to continuously
eliminate the interference. In the event of LESSEE's inability or refusal to eliminate such
interference, the LESSOR will immediately terminate this LEASE and evict LESSEE. Any
interference of the LESSOR'S electronic equipment during an emergency incident will require
immediate cessation of operation, transmission or further use of LESSEE'S equipment. Failure
to do so immediately after being notified of such interference will be grounds for immediate
cancellation of this LEASE, and immediate eviction.
-6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
17. COMPLIANCE WITH CODES AND STANDARDS - Installations and operations by LESSEE in
connection with this LEASE shall comply with all applicable rules and regulations of the Federal
Communications Commission (F.C.C.), Federal Aviation Agency (F.A.A.), and all applicable
codes and regulations of the city, county and state concerned. LESSEE must post at equipment
site a current copy of any and all license(s) and/or permit(s) to operate equipment and
frequencies that may be required by federal, state or local regulatory agencies. Copies of all
such licenses and/or permits must be provided to LESSOR. LESSEE shall label all equipment
installed with LESSEE'S name and the LEASE number shown in the upper left corner of the first
page of this LEASE.
RADIO FREQUENCY EXPOSURE NOTICE
LESSOR has tenants that have installed radio communication equipment atop the
Plaza Building that generate Radio Frequency levels that may exceed OHSA
ranges for personnel working in the area. LESSEE acknowledges by signing this
LEASE that LESSEE is aware of this notice by LESSOR. LESSEE agrees that its
personnel, technicians or contract workers that access LESSEE's equipment atop
the Plaza Building have been notified and trained to comply with OSHA and F.C.C.
standards for Radio Frequency Exposure.
COMPLIANCE WITH OSHA AND F.C.C. REGULATIONS
In light of the Radio Frequency Exposure Notice shown above, LESSEE agrees to
implement and comply with OSHA and Federal Communications Commission
(F.C.C.) regulations, advise LESSOR of any special requirements specified by
these agencies, and post in a readily observable area signage that cautions
workers that enter the area or work near or around LESSEE'S equipment.
LESSOR assumes no responsibility for the licensing, operation and/or maintenance of
LESSEE'S equipment. LESSOR has the responsibility to carry out the terms of its F.C.C. license
with respect to tower light observation and notification to F.A.A.
-7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18. INDEPENDENT CONTRACTOR - In performance of the work, duties and obligations assumed
by LESSEE under this LEASE, it is mutually understood and agreed that LESSEE, including any
and all of the LESSEE'S officers, agents, and employees will at all times be acting and
performing as an independent contractor, and shall act in an independent capacity and not as an
officer, agent, servant, employee, joint venturer, partner, or associate of the LESSOR
Furthermore, LESSOR shall have no right to control or supervise or direct the manner or method
by which LESSEE shall perform its work and function. However, LESSOR shall retain the right to
administer this LEASE, to verify that LESSEE is performing its obligations in accordance with the
terms and conditions of the LEASE.
LESSOR and LESSEE shall comply with all applicable provisions of law and the rules
and regulations, if any, of governmental authorities having jurisdiction over matters the subject
thereof.
Because of its status as an independent contractor, LESSEE shall have absolutely no
right to employment rights and benefits available to LESSOR'S employees. LESSEE shall be
solely liable and responsible for providing to, or on behalf of, its employees all legally required
employee benefits. In addition, LESSEE shall be solely responsible and save LESSOR harmless
from all matters relating to payment of LESSEE'S employees, including compliance with Social
Security withholding and all other regulations governing such matters. It is acknowledged that
during the term of this LEASE, LESSEE may be providing services to others unrelated to the
LESSOR or to this LEASE.
19. INSURANCE - LESSEE shall procure, at its own expense, and maintain for the duration of this
LEASE, the following described insurance coverage or comparable self-insurance against claims
for injuries to persons or damages to property that may arise from or in connection with the
LESSEE'S operation and use of these described leased Premises.
a. Commercial General Liability. Commercial General Liability insurance coverage with limits of
not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
-8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
not less than Four Million Dollars ($4,000,000), this policy shall be issued on a per
occurrence basis; and
b. Automobile Liability. Comprehensive Automobile Liability Insurance with limits of not less than
One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages.
Coverage should include any auto used in connection with this Lease.
c. Technology Professional Liability (Errors and Omissions). Technology Professional Liability
(Errors and Omissions) Insurance appropriate to CONTRACTOR’s profession, with limits not
less than Two Million Dollars ($2,000,000) per occurrence or claim, Two Million Dollars
($2,000,000) aggregate. Coverage shall be sufficiently broad to respond to the duties and
obligations as is undertaken by CONTRACTOR in this Lease and may include, but not be
limited to infringement of copyright, trademark, trade dress, invasion of privacy violations,
information theft, damage to or destruction of electronic information, release of private
information, alteration of electronic information, extortion and network security. The policy
may provide coverage for breach response costs as well as regulatory fines and penalties as
well as credit monitoring expenses with limits sufficient to respond to these obligations.
d. Cyber Liability. CONTRACTOR shall obtain cyber liability insurance with limits not less than
Two Million Dollars ($2,000,000) per occurrence. Coverage shall include, but not be limited to,
claims involving Cyber Risks. The cyber liability policy shall be endorsed to cover the full
replacement value of damage to, alteration of, loss of, or destruction of intangible property
(including but not limited to information or data) that is in the care, custody, or control of the
CONTRACTOR.
For purposes of the technology professional liability insurance and the cyber liability
insurance required under this Lease, Cyber Risks include, but are not limited to, (i) security
breaches, which include disclosure of, whether intentional or unintentional, information provided
by COUNTY, information provided by or obtained from any inmate, or personal-identifying
information relating to any inmate, to an unauthorized third party; (ii) breach of any of
CONTRACTOR’s obligations under this Lease relating to data security, protection, preservation,
usage, storage, transmission, and the like; (iii) infringement of intellectual property including, but
-9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
not limited to, infringement of copyright, trademark, and trade dress; (iv) invasion of privacy,
including any release of private information; (v) information theft by any person or entity,
whatsoever; (vi) damage to or destruction or alteration of electronic information; (vii) extortion
related to CONTRACTOR’s obligations under this Lease regarding electronic information,
including information provided by COUNTY, information provided by or obtained from any
inmate, or personal-identifying information relating to any inmate; (viii) network security; (ix) data
breach response costs, including security breach response costs; (x) regulatory fines and
penalties related to CONTRACTOR’s obligations under this Lease regarding electronic
information, including information provided by COUNTY, information provided by or obtained
from an inmate, or personal-identifying information relating to any inmate; and (xi) credit
monitoring expenses.
e. Professional Liability. If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less
than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)
annual aggregate.
f. Worker’s Compensation. Workers Compensation insurance as may be required by the
California Labor Code.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance
naming the County of Fresno, its officers, agents, and employees, individually and collectively,
as additional insured, but only insofar as the operations under this Lease are concerned. Such
coverage for additional insured shall apply as primary insurance and any other insurance, or
self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only
and not contributing with insurance provided under CONTRACTOR's policies herein. This
insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
-10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
Lease. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may
be necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of
subrogation under this paragraph is effective whether or not CONTRACTOR obtains such an
endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Lease,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all
of the foregoing policies, as required herein, to the County of Fresno, Internal Services
Department, Attention: Director of Internal Services/Chief Information Officer, 333 W. Pontiac
Way, Clovis, CA 93612, stating that such insurance coverage have been obtained and are in full
force; that the County of Fresno, its officers, agents and employees will not be responsible for
any premiums on the policies; that for such worker’s compensation insurance the
CONTRACTOR has waived its right to recover from the COUNTY, its officers, agents, and
employees any amounts paid under the insurance policy and that waiver does not invalidate the
insurance policy; that such Commercial General Liability insurance names the County of Fresno,
its officers, agents and employees, individually and collectively, as additional insured, but only
insofar as the operations under this Lease are concerned; that such coverage for additional
insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees, shall be excess only and not contributing with
insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be
cancelled or changed without a minimum of thirty (30) days advance, written notice given to
COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
herein provided, the COUNTY may, in addition to other remedies it may have, suspend or
terminate this Lease upon the occurrence of such event.
-11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
All policies shall be issued by admitted insurers licensed to do business in the State of
California, and such insurance shall be purchased from companies possessing a current A.M.
Best, Inc. rating of an FSC VII or better.
20. AUDITS AND INSPECTIONS - LESSEE shall at any time during business hours, and as often as
LESSOR may deem necessary, make available to LESSOR for examination all of its records and
data with respect to the matters covered by this LEASE. LESSEE shall, upon request by
LESSOR, permit LESSOR to audit and inspect all of such records and data necessary to ensure
LESSEE’s compliance with the terms of this LEASE.
If this LEASE exceeds ten thousand dollars ($10,000.00), LESSEE shall be subject to the
examination and audit of the California State Auditor for a period of three (3) years after final
payment under contract (Government Code Section 8546.7).
21. NOTICES - The persons and their addresses having authority to give and receive notices under
this LEASE include the following:
COUNTY OF FRESNO City of Fresno – Wastewater Division Director of Internal Services/CIO Attn: Timothy Tompsett
333 W. Pontiac Way 5607 W. Jensen Ave. Clovis, CA 93612 Fresno, CA 93706
All notices between LESSOR and LESSEE provided for or permitted under this LEASE
must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice
delivered by personal service is effective upon service to the recipient. A notice delivered by first-
class United States mail is effective three LESSOR business days after deposit in the United
States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight
commercial courier service is effective one LESSOR business day after deposit with the
overnight commercial courier service, delivery fees prepaid, with delivery instructions given for
next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is
effective when transmission to the recipient is completed (but, if such transmission is completed
outside of LESSOR business hours, then such delivery shall be deemed to be effective at the
-12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
next beginning of a LESSOR business day), provided that the sender maintains a machine
record of the completed transmission. For all claims arising out of or related to this LEASE,
nothing in this section establishes, waives, or modifies any claims presentation requirements or
procedures provided by law, including, but not limited to, the Government Claims Act (Division
3.6 of Title 1 of the Government Code, beginning with section 810).
22. HOLD HARMLESS - LESSEE agrees to indemnify, save, hold harmless, and at LESSOR'S
request, defend the LESSOR, its officers, agents, and employees from any and all costs and
expenses, damages, liabilities, claims, and losses occurring or resulting to LESSOR in
connection with performance, or failure to perform, by LESSEE, its officers, agents, or
employees under this LEASE, and from any and all costs and expenses, damages, liabilities,
claims, and losses occurring or resulting to any person, firm, or corporation who may be injured
or damaged by the performance, or failure to perform, of the LESSEE, its officers, agents, or
employees under this Lease, provided LESSEE retains, and does not waive its statutory and
government immunities and defenses.
The provisions of this Section 22 shall survive termination of the LEASE.
23. POWER INTERRUPTION - LESSOR will not be responsible to LESSEE for any monetary loss
and/or damage to antennas, transmitters or any other equipment installed by LESSEE that may
result from the loss of electrical power to the equipment site.
24. POSSESSORY INTEREST TAX - LESSEE agrees to pay any possessory interest tax which
may be levied upon the leased property. In this respect, LESSEE understands that a leasehold
interest of property owned by a tax-exempt public agency may be subject to property taxation,
and LESSEE (the person in whom the possessory interest is vested) is subject to the payment of
property taxes levied on such interest.
25. RELOCATION ASSISTANCE WAIVER - LESSEE waives all right to which LESSEE may be
entitled, including eligibility for relocation assistance, under California Government Code Section
7260 et. seq. with regard to this LEASE.
26. VENUE/GOVERNING LAW - Venue for any action arising out of or related to this LEASE shall only
be in Fresno County, California.
-13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The rights and obligations of the parties and all interpretation and performance of this
LEASE shall be governed in all respects by the laws of the State of California.
27. MODIFICATION - Any matters of this LEASE may be modified from time to time by the written
consent of all the parties without, in any way, affecting the remainder.
28. DISCLOSURE OF SELF-DEALING TRANSACTIONS. This provision is only applicable if
LESSEE is operating as a corporation (a for-profit or non-profit corporation) or if during the term
of the LEASE, LESSEE changes its status to operate as a corporation.
Members of LESSEE’s Board of Directors shall disclose any self-dealing transactions
that they are a party to while LESSEE is providing goods or performing services under this
LEASE. A self-dealing transaction shall mean a transaction to which LESSEE is a party, and in
which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and
signing a Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit D and
incorporated herein by reference, and submitting it to LESSOR prior to commencing with the
self-dealing transaction or immediately thereafter.
29. ENTIRETY - SUCCESSION - This LEASE constitutes the entire agreement between LESSEE and
LESSOR with respect to the subject matter hereof, and supersedes all previous LEASE
negotiations, proposals, commitments, writings, advertisements, publications, and understanding of
any nature whatsoever unless expressly included in this LEASE.
1 IN WITNESS WHEREOF , the parties hereto have executed this LEASE as of the day and
2 year first hereinabove written .
3 CITY:
4 CITY OF FRESNO
5
6
7
8
9
10
11
12
13
14
15
APPROVED AS TO FORM :
DOUGLAS T. SLOAN
City Attorney
By : 2 ~
Kristi Costa
Deputy C ity Attorney
ATTEST:
YVONNE SPENCE , MMC
City Clerk
16
~y:-¼OlC,(A,,,fA) Ld/Y)~
17 ' _ --O eputy 1vt w c.o Mw . .Hl'\t.-!-
18 -to /?.o/1~
C ITY OF-FR-ESNO
19
WASTE W ATER DIVISION
20
5607 West Jensen
21
22
Fresno , CA 93 7 06
23
Mailing Address
24
FOR ACCOUNTING USE ONLY :
25
Fund : 0001
26 Subclass : 10000
ORG No .: C>'f 15
27 Account No .: ~'i O'f
28
LESSOR:
COUNTY OF FRESNO
Nathan Magsig
Chairman of the Board of Supervisors
of the County of Fresno
ATTEST:
Bern ice E. Se id el
Clerk of the Board of Supervisors
County of Fresno , State of California
By d,<:l!! ·, ~
Deputy
-14-
Exhibit A
-15-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Plaza Building
21st Floor
Communication Equipment
Center
No Mount at
This Locatio
County of Fresno
8' HPA to Kerman
268.3 Degrees
County Of Fresno
4' dome NS Microwave
Video for Sherif
City of Fresno CPA
4' HPA to Waste Water
County of Fresno
2' HPA to Tielman
School
FUSD
800Mhz
Site 48 -City of Fresno CPA
4' HPA to FPD Training Center
County
08201
County Page
Blue Net America
County of Fresno, California
County Plaza Building
2200 Tulare Street
Fresno, California 93727
Longitude -36 44' 1 O"
Latitude -119 47' 10"
NAD83
Elevation -89.6 M MSL
Elevation -67.0 M AGL
FAA Study -92-AWP-0089-0E
Revised 01AUG2010
County of Fresno
KJWL
80' mastw/
6fM Cycloid
antennas
@
County RX Antennas
VHF/UHF/800
TXRX Coupler
County
Tower
(abandoned)
County
08201
Shaded Circle indicateds no antenna
installed at that location
County
08264
EXHIBIT "B"
Antl-050
""-..... 1& IS' ~ 900Meg
County of Fresno
6' HPAtoUMC
Cook's Paging
Cook's Com
800Meg
PageMart
County
08264
Web Link
UHF?
PAC West
08404
PAC West
70Meg
GPS
antenna
28 I
Exhibit C
-17-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FRESNO COUNTY PLAZA
ELECTRONIC SITE TECHNICAL INFORMATION
The following information is required to process your request to install a transmission antenna and/or for
electronic equipment space at the Fresno County Plaza building. Please complete all of the information
and attach additional sheets if necessary. If you have questions about the information requested,
contact the County of Fresno Telecommunications Engineer at (559) 456-7527
GENERAL INFORMATION
1. Applicant Information:
Name: Mike Dottai, City of Fresno
Address: 2600 Fresno Street, Fresno
Telephone: 621-1040
Email Address: mike.dottai@fresno.gov
2. Proposed Equipment:
Digital Microwave Radio - Alcatel-Lucent - Model 9500
3. Proposed Antenna System:
Parabolic Reflector - SB4-107
4. Other Accessory Equipment, include air conditioning, special power requirements (e.g. 208,
three phase):
Grounding Hardware
Antenna Pipe Mounts
Termination Panel
TECHNICAL INFORMATION
1. Transmitter Model & Type: 95MPR11-0128F30-160
2. FCC Identification Number (FCC or CORES): TBD
FCC Assigned Call sign: TBD
TECHNICAL INFORMATION (2)
3. Transmit Frequency: 11200
Exhibit C
-18-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FCC Modulation Emission Designator: 30MOD7W Estimated Duty Cycle in %:
Output Power: 20 dBm
Authorized ERP: 85.0 dBm, calc'd 58.8 dBm
4. Receiver Model & Type: 95MPR11-0128F30-160
5. Receiver Frequency: 11200
CTCSS Code:
6. Antenna Model & type:
Parabolic Reflector - SB4-107
7. Antenna Pattern & Gain TBD
8. Transmission Line Type: LMR400 x 2
Line Length: N/A IF Cable
Line Loss: N/A IF Cable
9. Estimated Power Consumption: 200 W (-48 volts)
Emergency Power Required 8 hr backup
10.Equipment Floor Space Required:< 8 RU@ 19" rack
11.Antenna Space Required: 4 feet diameter
12.Other Space Requirements:
Exhibit C
-19-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SYSTEM DIAGRAM DRAWING
13.Please draw a complete system diagram (block form) of the proposed system. Include any
transmitters, receivers, cavities and isolators, transmission lines, antenna system and
control networks and any other special features required for this proposed system:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit D
-20-
SELF-DEALING TRANSAC TION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as
“County”), members of a contractor’s board of directors (hereinafter referred to as
“County Contractor”), must disclose any self-dealing transactions that they are a party
to while providing goods, performing services, or both for the County. A self-dealing
transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and
in which one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is
being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being
disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation’s
transaction that the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on
applicable provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Exhibit D
-21-
(1) Company Board Member Information:
Date:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are
a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements
of Corporations Code 5233 (a):
(5) Authorized Signature
Signature Date: