HomeMy WebLinkAboutBailey Inc Foundation Tower Lease - Executed.pdf AntL-063-DelWebb/Plaza Building
Bailey Foundation
1 LEASE AGREEMENT
2 THIS LEASE AGREEMENT (hereinafter Lease), is made and entered into this
3 day of July 16 , 2024 by and between the County of Fresno, (hereinafter"LESSOR")
4 and Bailey Inc. DBA Bailey Inc. Foundation, a California Nonprofit Corporation (hereinafter
5 "LESSEE").
6 WITNESS:
7 WHEREAS, the property of the LESSOR hereinafter described as "Premises" (as
8 described herein) is not now, and will not during the period of this Lease, be needed for
9 County purposes.
10 NOW, THEREFORE, in consideration of the rents, covenants and agreements, the
11 LESSOR hereby leases to LESSEE those certain premises upon the terms and conditions as
12 follows:
13 1. DESCRIPTION - LESSOR hereby leases to Lessee storage for communication
14 equipment and antenna space within and atop the Fresno County Plaza Building, 2220 Tulare
15 St., Fresno, CA 93721, ("Premises"), for the purpose of installing, operating and maintaining
16 wireless communications. The Premises are described more particularly as follows:
17 a. A space containing approximately 10 square feet of rack space within the
18 Information Technology room within the Premises on the 21st floor;
19 b. Antenna-mounting positions on the existing roof antenna atop the Premises;
20 c. Together with such additional space within the Premises and on the roof of the
21 Premises for the installation, operation and maintenance of wires, cables,
22 conduits and pipes running between and among the rooftop space and antenna
23 space and to all necessary electrical and telephone utility sources located within
24 or affixed to the Premises, together with the non-exclusive right of ingress and
25 egress from a public right of way, seven (7)days a week, twenty-four(24) hours
26 a day, over the property and in and through the building to and from the
27 Premises for the purpose of installation, operation and maintenance of Lessee's
28 communications facility, subject to the restrictions set forth in Section 12.
COUNTY OF FRESNO
Fresno,California
1362588.2 1
AntL-063-DelWebb/Plaza Building
Bailey Foundation
1 2. USE - LESSEE shall use the Premises for the sole purpose of installing,
2 maintaining, repairing and operating equipment for wireless communications as shown in
3 Exhibit "A", attached and incorporated by reference. LESSEE has inspected the Premises and
4 agrees that said Premises are suitable for LESSEE'S intended use.
5 3. TERM AND TERMINATION —The term of this Lease, including all provisions
6 contained herein, shall be for five (5) years commencing on July 1, 2024 through June 30,
7 2029. After commencement of this Lease on July 1, 2024, either Party may terminate this
8 Lease by providing twelve (12) months written notice. Termination notice shall be signed by
9 the County Administrative Officer or the Director of Internal Services/Chief Information Officer
10 or one of their designees. In no event shall the term of this Lease extend beyond June 30,
11 2029.
12 4. RENT- The Lessee agrees to pay, and the Lessor agrees to receive, rent for
13 the use of its Premises under this Agreement as described in this section. The Lessee agrees
14 to pay, and the Lessor agrees to receive, compensation for the performance of its services
15 under this Agreement as described in Exhibit B to this Agreement, titled "Rent." LESSEE shall
16 pay rent to: County of Fresno, ATTN: ISD Business Office (AntL-011), 333 Pontiac Way,
17 Clovis, CA 93616.
18 5. VACATING - LESSEE shall, prior to or on the last day of the term or within
19 ninety (90) days after earlier termination of this Lease, cease operation of and remove all
20 equipment or facilities installed as provided herein and vacate the leased Premises and will
21 surrender premises to LESSOR in original condition excepting reasonable wear and tear and
22 casualty damage. Failure on the part of LESSEE to cease operations and vacate the
23 premises as provided herein shall be considered an unauthorized holdover by LESSEE in
24 which case the LESSOR shall take the necessary steps to terminate the operation and
25 occupancy provided LESSEE hereunder. Any equipment of LESSEE remaining after
26 termination of this Lease, without permission of LESSOR, shall become the property of
27 LESSOR and may be used or disposed of as determined by LESSOR.
28 6. NOTICES - All notices to be given under this Lease by either Party to the other
COUNTY OF FRESNO
Fresno,California
1362588.2 2
AntL-063-DelWebb/Plaza Building
Bailey Foundation
1 Party shall be in writing and given by any one of the following methods:
2 (i) Personal delivery; or
3 (ii) Sent by certified United States mail, first class postage prepaid,
4 with return receipt requested, to the applicable addresses as set forth below, in which case
5 such notice shall be deemed given three (3) business days after such deposit and postmark
6 with the United States Postal Service; or
7 (iii) Sent by a reputable overnight commercial courier, in which case
8 such notice shall be deemed given one (1) business day after such deposit with that courier
9 to the applicable addresses as set forth below.
10 The addresses of the Parties for purposes of giving receiving notices under this Lease
11 are as follows:
12 LESSOR: LESSEE:
County of Fresno Anthony Bailey
13 Director of Internal Services(AntL-063) Bailey Inc. Foundation
2220 Tulare Street, Suite 2100 8050 N. Palm Ave, Suite 300
14 Fresno, CA 93721-2106 Fresno, CA 93711
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16 Provided however, such notices may be given to such person or at such other place as either
17 of the Parties may from time to time designate by giving written notice to the other Party, and
18 provided further however, in any event notices of changes of address or termination of this
19 Lease shall not be effective until actual delivery of such notice. Notices given hereunder shall
20 not be amendments or modifications to this Lease.
21 7. INDEPENDENT CONTRACTOR- In performance of the work, duties and
22 obligations assumed by LESSEE under this Lease, it is mutually understood and agreed that
23 LESSEE, including any and all of the LESSEE'S officers, agents, and employees will at all times
24 be acting and performing as an independent contractor, and shall act in an independent capacity
25 and not as an officer, agent, servant, employee,joint venture, partner, or associate of the
26 LESSOR. Furthermore, LESSOR shall have no right to control or supervise or direct the manner
27 or method by which LESSEE shall perform its work and function. However, LESSOR shall retain
28 the right to administer this Lease so as to verify that LESSEE is performing its obligations in
COUNTY OF FRESNO
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1 accordance with the terms and conditions thereof.
2 LESSOR and LESSEE shall comply with all applicable provisions of law and the rules
3 and regulations, if any, of governmental authorities having jurisdiction over matters the subject
4 thereof. Because of its status as an independent contractor, LESSEE shall have absolutely no
5 right to employment rights and benefits available to LESSOR'S employees. LESSEE shall be
6 solely liable and responsible for providing to, or on behalf of, its employees all legally-required
7 employee benefits. In addition, LESSEE shall be solely responsible and save LESSOR
8 harmless from all matters relating to payment of LESSEE'S employees, including compliance
9 with Social Security withholding and all other regulations governing such matters. It is
10 acknowledged that during the term of this Lease, LESSEE may be providing services to others
11 unrelated to the LESSOR or to this LEASE.
12 8. MAINTENANCE OF LEASED PREMISES - Prior to installation of equipment,
13 LESSEE shall submit to LESSOR a detailed plan showing the method of installation of all
14 equipment. Said plan shall be approved by LESSOR prior to commencement of any
15 installation, which approval shall not be unreasonably withheld, conditioned or delayed.
16 LESSEE agrees to be responsible for any damage caused to the roof, stairways or any
17 other part of the building owned by LESSOR and occupied by LESSEE, which may be caused
18 by LESSEE or any of its agents or authorized representatives. LESSEE agrees not to commit,
19 suffer or permit any waste or nuisance on said property, and not to use or permit the use of
20 said property for any illegal or immoral purposes. LESSEE agrees to permit the LESSOR or its
21 agents to enter said premises at any reasonable time to inspect same provided that LESSOR
22 is accompanied on said inspection by an authorized representative of the LESSEE.
23 LESSEE further agrees to comply with all applicable State laws, local ordinances and
24 other Federal, state and local government laws/regulations regarding LESSEE's equipment
25 and operations.
26 9. ENFORCEMENT OF THIS LEASE — In the event there is a breach by Lessee
27 with respect to any of the provisions of this Lease or its obligations under it, including the
28 payment of rent, Lessor shall give written notice of such breach. After receipt of such written
COUNTY OF FRESNO
Fresno,California
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AntL-063-DelWebb/Plaza Building
Bailey Foundation
1 notice, with the exception of health and safety matter, Lessee shall have fifteen (15) days in
2 which to cure any monetary breach and thirty (30) days in which to cure any non-monetary
3 breach, provided Lessee shall have such extended period as may be required beyond the
4 thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty(30)
5 days and Lessee commences the cure within the thirty (30) day period and thereafter
6 continuously and diligently pursues the cure to completion up to a maximum of sixty (60)days.
7 If the breach results in an imminent health and safety emergency, Lessee shall have one (1)
8 day after notice pursuant to this paragraph to provide a reasonable plan to cure the breach
9 (which may consist of dispatching a technician to the Premises). In the event the cause of
10 such emergency is not reasonably identifiable with the one (1) day response period, Lessee
11 may have additional time to provide a reasonable cure plan as long as Lessee commences its
12 due diligence within the one (1) day period and diligently pursues it to completion. Lessor
13 agrees to provide Lessee with notice of such imminent health and safety emergencies (i)
14 electronically at info@quantumway.com, and (ii)telephonically at 559-944-8275.
15 10. POSSESSORY INTEREST TAX - LESSEE agrees to pay any possessory
16 interest tax which may be levied upon the leased property. In this respect, LESSEE
17 understands that a leasehold interest of property owned by a tax exempt public agency may
18 be subject to property taxation and that LESSEE (the person in whom the possessory interest
19 is vested) is subject to the payment of property taxes levied on such interest.
20 11. SUCCESSORS AND NON-ASSIGNMENT -The Parties hereby each bind
21 themselves, their successors and assigns with respect to all covenants and conditions under
22 this Lease. The LESSEE shall not assign or transfer its interest or obligations under this
23 Lease, or sub-lease said Premises or any portion thereof, provide the Premises for the use of
24 others, or cause or permit any change of any equipment installed in the Premises, including
25 increased power outputs without the prior written review and approval from LESSOR, which
26 consent shall not be unreasonably withheld. Notwithstanding the foregoing, (i) LESSEE may
27 grant a collateral assignment of its rights under this Lease to any lender who, as a condition to
28 providing financing to LESSEE, requests such an assignment, and (ii) LESSEE may assign
COUNTY OF FRESNO
Fresno,California
AntL-063-DelWebb/Plaza Building
Bailey Foundation
1 this Lease without the approval of the LESSOR to the LESSEE's principal, affiliates, or
2 subsidiaries of its principal. LESSEE agrees to provide notice of said assignment to LESSOR.
3 Said assignment shall not alter any of LESSEE'S responsibilities under this Lease or provide
4 any property or contract rights to the assignee greater than those of the LESSEE or LESSOR.
5 12. ADMISSION TO EQUIPMENT SITE - LESSOR agrees that LESSEE shall have
6 restricted access to the tower and/or equipment room for the purpose of installing, repairing,
7 removing, replacing and maintaining said equipment. LESSEE will permit only authorized
8 engineers, employees or properly authorized contractors of LESSEE, Federal
9 Communications Commission (FCC) inspectors, or persons under their supervision to enter
10 the Premises. Except in the event of an emergency, LESSEE'S authorized technicians
11 must contact County Security, provide authorized LESSEE identification and sign
12 permission ledger prior to entry and when exiting the equipment site. LESSEE further
13 agrees to exercise firm control over the people requiring access to the facilities installed by
14 LESSEE at this location, and ensure by prior notice and training to these people that they are
15 entering an area that may contain radio frequency radiation.
16 13. ADDITIONAL EQUIPMENT - LESSOR grants to LESSEE the right to install
17 additional equipment subject to proper notice and approval by LESSOR which approval shall
18 not be unreasonably withheld, delayed or conditioned. All such approvals shall be
19 memorialized in writing by way of an amendment to this Lease. LESSEE must provide to
20 LESSOR thirty (30) days prior written notice to request installation of additional equipment,
21 and shall pay to LESSOR the increase in the rent attributable to the equipment. If equipment
22 cannot be accommodated and lack thereof would substantially impair LESSEE'S ability to
23 operate on the premises, LESSEE shall have the option to terminate this Lease by providing
24 thirty (30) days written notice to LESSOR.
25 14. SPACE ALLOCATION —No priority or other rights shall attach to the use of
26 space in LESSOR'S building or the Premises. LESSOR shall have the right at any time
27 during the Term upon giving at least sixty (60) days prior written notice thereof to reassign or
28 reallocate the amount or location of space in LESSOR's building for communication
COUNTY OF FRESNO
Fresno,California /+
1 AF75AR 'J n
AntL-011-Plaza Building
Verizon/FacilityServices8935(Del Webb)
1 equipment for the use of LESSEE or LESSOR. In the event that a space reallocation is
2 made, LESSEE shall, within three (3) months of receipt of notice thereof, remove or relocate
3 the equipment in conformity with said reallocation. The new location shall be similar to
4 LESSEE's current location in size and shall be compatible for LESSEE's use. LESSEE's
5 service will not be interrupted. LESSEE shall be allowed if necessary to place a temporary
6 cell site and antenna structure on LESSOR's property during relocation. If a frequency
7 incompatibility that is not completely corrected as provided hereunder occurs, the tenant who
8 last began occupancy at said location will have their Lease terminated and have ninety (90)
9 days in which to vacate the Premises.
10 15. ELIMINATION OF INTERFERENCE - In the event LESSEE'S installation, or
11 operations, in any way hinders, obstructs, or interferes with, the radio or electronic equipment
12 of the LESSOR, or any other tenant operating its equipment on LESSOR'S site on the date of
13 this Lease, LESSEE shall, at its sole cost and expense, upon receipt of written notification,
14 forthwith cease the interfering installation or operation. Any costs incurred by the LESSOR in
15 isolating said interference and determined to be a result of LESSEE'S wireless, electronic or
16 antenna systems will be reimbursed to the LESSOR within 30 days upon receipt of billing. If
17 such hindrance, interference or obstruction does not fully cease within thirty days after receipt
18 by LESSEE from LESSOR of the notification of the existence thereof, LESSOR shall have the
19 right to order cessation of operation LESSEE'S equipment to eliminate the interference. In the
20 event of LESSEE'S inability or refusal to eliminate such interference the LESSOR will
21 immediately terminate this agreement and evict LESSEE. Notwithstanding anything to the
22 contrary contained hereinabove, LESSOR hereby acknowledges and agrees that(1) LESSEE
23 has been operating its communications facility on the Premises pursuant to the Terminated
24 Agreement, as such term is defined in Section 3(b) hereof, and other prior agreements since
25 on or about 1994, and therefore applicable FCC rules and regulations shall govern concerning
26 interference relating to LESSEE's pre-existing communications equipment, and, (2) LESSOR
27 is not entitled to terminate this Lease or relocate the equipment as long as LESSEE is, in
28 LESSOR's judgment, making a good faith effort to remedy the interference issue.
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Verizon/FacilityServices8935(Del Webb)
1 LESSEE acknowledges that LESSOR operates emergency services communications
2 at the same location as the Premises; and, in recognition thereof, in the event LESSEE's
3 equipment, or operations, in any way hinders, obstructs, or interferes with the radio or
4 electronic equipment and transmission of LESSOR during an emergency incident LESSEE
5 shall, upon LESSOR's demand, immediately cease operation, transmission or further use of
6 LESSEE's equipment. LESSEE's failure to immediately cease operation, transmission or use
7 of LESSEE's equipment, upon LESSOR'S demand will be grounds for LESSOR's immediate
8 termination of this Lease.
9 LESSOR agrees that LESSOR and/or any other tenants of the site who currently
10 have or in the future take possession of the site will be permitted to install only such equipment
11 that is of the type and frequency which will not cause harmful interference which is measurable
12 in accordance with then existing industry standards to the then existing equipment of LESSEE.
13 16. COMPLIANCE WITH CODES AND STANDARDS - Installations and operations
14 by LESSEE in connection with this Lease shall comply with all applicable rules and regulations
15 of the Federal Communications Commission (FCC), Federal Aviation Agency (FAA), and all
16 applicable codes and regulations of the city, county and state.
17 LESSEE must post at its equipment site a current copy of any and all license(s)and/or
18 permit(s)to operate equipment and frequencies that may be required by federal, state or local
19 regulatory agencies. Copies of license(s) and/or permit(s) must be provided to LESSOR.
20 LESSEE shall label all equipment installed with LESSEE'S company name and Lease
21 number as shown in the upper left hand corner of the first page of this Lease.
22 RADIO FREQUENCY EXPOSURE NOTICE
23 LESSOR has tenants that have installed radio communication equipment atop
24 the Plaza Building that generate Radio Frequency levels that may exceed OHSA
25 ranges for personnel working in the area. LESSEE acknowledges by signing this
26 Lease that LESSEE is aware of this notice by LESSOR. LESSEE agrees that its
27 personnel, technicians or contract workers that access LESSEE'S equipment
28 atop the Plaza Buildinq have been notified and trained to comply with OSHA and
COUNTY OF FRESNO
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Verizon/FacilityServices8935(Del Webb)
1 FCC standards for Radio Frequency Exposure.
2 COMPLIANCE WITH OSHA AND FCC REGULATIONS
3 In light of the Radio Frequency Exposure Notice shown above, LESSEE agrees
4 to implement and comply with OSHA and Federal Communications Commission
5 (FCC) regulations, and advise LESSOR of any special requirements specified by
6 these agencies, and post in a readily observable area signage that cautions
7 workers that enter the area or work near or around LESSEE'S equipment.
8 LESSOR assumes no responsibility for the licensing, operation and/or maintenance of
9 LESSEE'S equipment. LESSOR has the responsibility to carry out the terms of its FCC
10 license with respect to tower light observation and notification to the FAA.
11 17. INSURANCE - The Lessor shall comply with all the insurance
12 requirements in Exhibit C to this Agreement.
13 18. INDEMNITY-The LESSEE shall indemnify and hold harmless and defend the
14 LESSOR (including its officers, agents, employees, and volunteers) against all claims,
15 demands, injuries, damages, costs, expenses (including attorney fees and costs), fines,
16 penalties, and liabilities of any kind to the LESSOR, the LESSEE, or any third party that arise
17 from or relate to the performance or failure to perform by the LESSEE (or any of its officers,
18 agents, subcontractors, or employees) under this Agreement. The LESSOR may conduct or
19 participate in its own defense without affecting the LESSEE's obligation to indemnify and hold
20 harmless or defend the LESSOR. This Section 18 survives the termination of this Agreement.
21 19. POWER INTERRUPTION - LESSOR will not be responsible to LESSEE for any
22 monetary loss and/or damage to antennas, transmitters or any other equipment installed by
23 LESSEE that may result from the loss of electrical power to the equipment site.
24 20. VENUE/GOVERNING LAW -Venue for any action arising out of or relating to
25 this Lease shall only be in Fresno County, California. The rights and obligations of the parties
26 and all interpretation and performance of this Lease shall be governed in all respects by the
27 laws of the State of California.
28 21. MODIFICATION -Any matters of this agreement may be modified from time to
COUNTY OF FRESNO
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Verizon/FacilityServices8935(Del Webb)
1 time by the written consent of all the parties without, in any way, affecting the remainder.
2 22. CASUALTY. In the event of damage by fire or other casualty to the Premises
3 that cannot reasonably be expected to be repaired within forty-five (45) days following same
4 or, if the property is damaged by fire or other casualty so that such damage may reasonably
5 be expected to disrupt LESSEE'S operations at the Premises for more than forty-five (45)
6 days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR
7 has not completed the restoration required to permit LESSEE to resume its operation at the
8 Premises, terminate this Lease upon fifteen (15) days prior written notice to LESSOR. Any
9 such notice of termination shall cause this Lease to expire with the same force and effect as
10 though the date set forth in such notice were the date originally set as the expiration date of
11 this Lease and the parties shall make an appropriate adjustment, as of such termination date,
12 with respect to payments due to the other under this Lease. Notwithstanding the foregoing,
13 the rent shall abate during the period of repair following such fire or other casualty in
14 proportion to the degree to which LESSEE'S use of the Premises is impaired.
15 23. ENVIRONMENTAL—LESSOR and LESSEE each agree that they will not use,
16 generate, store or dispose of any Hazardous Material on, under, about or within LESSOR's
17 property in violation of any law or regulation. "Hazardous Material" shall mean any substance,
18 chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state
19 or local law or regulation (including petroleum and asbestos).
20 24. AUTHORITY - Each individual executing this Lease on behalf of LESSEE
21 represents and warrants that that individual is duly authorized to execute and deliver this
22 Lease on behalf of the partnership in accordance with the partnership agreement of the
23 partnership, and that this Lease is binding upon the partnership in accordance with its terms.
24 Each individual executing this Lease on behalf of LESSOR represents and warrants that that
25 individual has the legal right and authority to execute, enter into and bind LESSOR to this
26 Lease. The terms of this Lease are intended by the parties as a final expression of their
27 agreement with respect to such terms as are included in this Lease and may not be
28 contradicted by evidence of any prior or contemporaneous agreement, arrangement,
COUNTY OF FRESNO
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AntL-011-Plaza Building
Verizon(FacilityServices8935(Del Webb)
1 understanding or negotiation (whether oral or written).
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COUNTY OF FRESNO
Fresno,California
AntL-011-Plaza Building
Verizon/FacilityServices8935(Del Webb)
1 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as
2 of the day and year first above written.
3 LESSOR: LESSEE:
4 COUNTY OF NO Bailey Foundation
By
5 Edward Hill, Interim Director of Internal
Services/ Chief Information Officer /� t
7 Anthony ley, Presidbftt
Date
8 l
8050 N. Palm Ave., Suite 300
9 Fresno, CA 93711
APPROVED AS TO LEGAL FORM:
10 DANIEL C. CEDERBORG, COUNTY
COUNSEL ,(
11 By --K�a�dAt'C �1J vv
12 Deputy
13 APPROVED AS TO ACCOUNTING FORM:
OSCAR J. GARCIA, CPA
14 AUDITOR-CONTROLLER/TREASURER-
TAX COLLECTOR
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Fund 0001
26 Subclass 10000
Org 0415
27 Account 3404
28 Property/AntL-011Verizon/ISD
COUNTY OF FRESNO
Fresno,California
AntL-01 1-Plaza Building
Verizon/FacilityServices8935(Del Webb)
1 Exhibit A
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COUNTY OF FRESNO
Fresno,California
Exhibit "A"
Bailey Inc Foundation
Plaza Building
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 addiitonal sheets if necessary. If you have questions about
the information request, contact the County of Fresno
Telecommunications Engineer at 559.456.7527
GENERAL INFORMATION
1 . Application Information:
Name: Operated by Quantum Wave LLC
Address: 8050 N. Palm Ave, STE 300 Fresno, CA 93711
Telephone: 559.994.8275
Email: info@quantumway.com
2. Proposed Equipment:
Final configuration (new):
(1) Tarana BN, (2) Network Switch, (1) Firewall, (2) Surge Protectors,
(2) 1 RU Windows Servers, (10) Cat5e Network Patch Cables, (4) Cat6
Network Cables 100 Feet, (1) 2" Cable Conduit 100 ft, (4) Tarana RN
and (2) 2" Junction Boxes.
3. Proposed Antenna System (new):
Sector A: (1) Tarana BN @ 50 deg AZ & 236' CL
Sector B: (Future)
Sector C: (Future)
Sector D: (Future)
4. Other Accesory Equipment, include air conditioning, special powe
requirements (e.g. 208, three phase):
-48V DC typical (-44 to -58V DC operating range)
TECHNICAL INFORMATION
1 . Transmitter Model & Type: Tarana BN 3 GHz CBRS, Tarana BN 5 GHz
Tarana BN 6 GHz
2. FCC Identification Number (FCC or CORES): RSS-247, FCC 15E,
FCC Part 96, WINNF-TS-01 22, IEC 62368-1, IEC 60529, IEC 60950-1,
IEC 60950-22
FCC Assigned Call Sign:
3. Transmit Frequency: 3.55-3.70 GHz (BN) CBRS 15.725-5.850 GHz
(13N) 15.925-6.425 GHz (BN) 16.525-6.875 GHz (13N)
FCC Modulation Emission Designator: QPSK 1/2to 256QAM 7.35/8
UL/DL
Cycle in%: 30 bps/Hz per BN, up to 90 bps/Hz per band.
Output Power: 275 W
Authorized ERP: 2.43 W 4 watts 36 dBm 6dBW
4. Receiver Model & Type: Tarana RN 3 GHz CBRS, Tarana RN 5 GHz,
Tarana RN 6 GHz
5. Receiver Frequency: 3.55-3.70 GHz (RN) CBRS, 5.150-5.250 GHz,
5.725-5.850 GHz (RN), 5.850-5.895 GHz (RN), 5.925-6.425 GHz (RN),
6.525-6.865 GHz (RN)
CTCSS Code:
6. Antenna Model & Type: GI-BN3AS1001, G1-BN5AS1002, G1-
BN6AS1002
7. Antenna Pattern & Gain: Please refer to antenna specification
sheets for each model.
8. Transmission Line Type: Dual 10 Gbps SFP+ and single 1 Gbps data
interfaces, additional I Gbps management etnernet interface, -48V
DC power
Line Length: 215'
Line Loss:
9. Estimated Power Consumption: 275 watts per BN
Emergency Power Required
10. Equipment Floor Space Required:
8ft Rack Space inside Tech Room and Rooftop Antenna Mounts
Emergency Power Required
11 . Antenna Space Reuired: (1) Tarana BN panel antenna 16.6 x 21 .2 x
5.1 inches, 16.6 x 21 .2 x 4.7 inches, 16.6 x 21 .2 x 4.7 inches
12. Other Space Requirements: N/A
AntL-011-Plaza Building
Verizon/FacilityServices8935(Del Webb)
1 Exhibit B
2 Rent
3
4 Beginning Date
of Annual Rent
Period Rent Per Year*
5 Year 1 $ 3,360.00
6 Year 2 $ 3,477.60
Year 3 $ 3,599.32
7 Year 4 $ 3,725.29
Year 5 $ 3,855.68
8 *Includes Electricity
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COUNTY OF FRESNO
Fresno,California
Exhibit C
Insurance Requirements
1. Required Policies
Without limiting the Lessee's right to obtain indemnification from the Lessor or any third
parties, the Lessor, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence
basis. Coverage must include products, completed operations, property damage,
bodily injury, personal injury, and advertising injury. The Lessor shall obtain an
endorsement to this policy naming the County of Fresno, its officers, agents,
employees, and volunteers, individually and collectively, as additional insureds, but
only insofar as the operations under this Agreement are concerned. Such coverage for
additional insureds will apply as primary insurance and any other insurance, or self-
insurance, maintained by the Lessee is excess only and not contributing with insurance
provided under the Lessor's policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C)Workers Compensation. Workers compensation insurance as required by the laws of
the State of California with statutory limits.
(D)Employer's Liability. Employer's liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for disease.
(E) Technology Professional Liability (Errors and Omissions). Technology
professional liability (errors and omissions) insurance with limits of not less than Two
Million Dollars ($2,000,000) per occurrence and in the aggregate. Coverage must
encompass all of the Lessor's obligations under this Agreement, including but not
limited to claims involving Cyber Risks.
2. Additional Requirements
(A)Verification of Coverage. Within 30 days after the Lessor signs this Agreement, and
at any time during the term of this Agreement as requested by the Lessee's Risk
Manager or the County Administrative Office, the Lessor shall deliver, or cause its
broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th
Floor, Fresno, California 93721, or HRRiskManagement@fresnocountyca.gov, and by
mail or email to the person identified to receive notices under this Agreement,
certificates of insurance and endorsements for all of the coverages required under this
Agreement.
(i) Each insurance certificate must state that: (1)the insurance coverage has been
obtained and is in full force; (2)the Lessee, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3)the
Lessor has waived its right to recover from the Lessee, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state, and
include an endorsement, that the County of Fresno, its officers, agents,
employees, and volunteers, individually and collectively, are additional insureds
insofar as the operations under this Agreement are concerned. The commercial
general liability insurance certificate must also state that the coverage shall
apply as primary insurance and any other insurance, or self-insurance,
maintained by the Lessee shall be excess only and not contributing with
insurance provided under the Lessor's policy.
(iii) The automobile liability insurance certificate must state that the policy covers
any auto used in connection with this Agreement.
(iv) The technology professional liability insurance certificate must also state that
coverage encompasses all of the Lessor's obligations under this Agreement,
including but not limited to claims involving Cyber Risks, as that term is defined
in this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must
be issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of
no less than A: VII.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Lessor shall provide to the Lessee, or ensure that the policy requires
the insurer to provide to the Lessee, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Lessor shall, or shall cause the insurer to, provide written notice to the
Lessee not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Lessor shall, or shall
cause the insurer to, provide written notice to the Lessee not less than 30 days in
advance of cancellation or change. The Lessee in its sole discretion may determine
that the failure of the Lessor or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) Lessee's Entitlement to Greater Coverage. If the Lessor has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the Lessee requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Lessor shall deliver, or cause its broker or producer to
deliver, to the Lessee's Risk Manager certificates of insurance and endorsements for
all of the coverages that have such broader coverage, higher limits, or both, as
required under this Agreement.
(E) Waiver of Subrogation. The Lessor waives any right to recover from the Lessee, its
officers, agents, employees, and volunteers any amounts paid under the policy of
worker's compensation insurance required by this Agreement. The Lessor is solely
responsible to obtain any policy endorsement that may be necessary to accomplish
that waiver, but the Lessor's waiver of subrogation under this paragraph is effective
whether or not the Lessor obtains such an endorsement.
(F) Lessee's Remedy for Lessor's Failure to Maintain. If the Lessor fails to keep in
effect at all times any insurance coverage required under this Agreement, the Lessee
may, in addition to any other remedies it may have, suspend or terminate this
Agreement upon the occurrence of that failure, or purchase such insurance coverage,
and charge the cost of that coverage to the Lessor. The Lessee may offset such
charges against any amounts owed by the Lessee to the Lessor under this Agreement.
(G)Subcontractors. The Lessor shall require and verify that all subcontractors used by
the Lessor to provide services under this Agreement maintain insurance meeting all
insurance requirements provided in this Agreement. This paragraph does not authorize
the Lessor to provide services under this Agreement using subcontractors.