HomeMy WebLinkAboutAntL-017 Agree Current.pdf5
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COUNTY OF FRESNO
FRESNO, CALIFORNIA
FC-16 (4/82)
Cl1
FCPL-~
Antenna
LEASE AGREEMENT
THIS LEASE, made and entered into this {3.q; day of ~ ,
l~~ by and between the COUNTY OF FRESOO, a political subdivision of the
State of California, 2220 TUlare Street, 8th Floor, Fresno, CA 93721,
hereinafter referred to as nLESSOR,n and COOK'S COMMUNICATIONS CORP., 160 N.
Broadway, Fresno, CA 93701 (233-8818) hereinafter referred to as nLESSEE,w
whether one or more.
WIT N E SSE T H:
WHEREAS, the property of the LESSOR hereinafter described is not
now, and will not during the period of this Lease, be needed for County
purposes.
NOW, 'lHEREFORE, in consideration of the rents, covenants and
agreements hereinafter contained and upon the terms and conditions set forth,
the LESSOR hereby leases to LESSEE, and the LESSEE hereby takes and hires from
the LESSOR, those certain premises hereinafter described; the terms and
conditions are as follows:
1. DESCRIPTION -LESSOR does hereby lease to LESSEE and LESSEE does
hereby hire from LESSOR the following described space and/or facilities,
herein called the leased premises, controlled by LESSOR at a location known as
the Fresno County Plaza, 2220 TUlare st., Fresno, CA for the purpose of
establishing, operating and maintaining an electronic radio repeator and
transmitter system as provided herein:
a. One space containing approximately 6 net square feet, in
the location as shown on Exhibit wA w, attached hereto and made a part hereof
by reference.
b. TWO antenna-mounting positions as shown on Exhibit wB w,
attached hereto and made a part hereof by reference.
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:)OUNTY OF FRESNO
FRESNO, CALIFORNIA
'C-16 (4/82)
2. USE - The leased premises shall be used during the term hereof
only for the purposes of installing, maintaining, repairing and operating a
paging service as described by LESSEE'S Electronic site Technical Information
attached hereto and made a part hereof marked Exhibit nCn, and all facilities
necessary thereto and such other transmitting and receiving equipment as
LESSOR may from time-to-time consent to, in writing, and for no other purpose
or purposes whatsoever.
3. TERM AND TERMINATION - The term of this Lease shall be for a
period of one (1) year commencing on February I, 1992 and terminating on
January 31, 1993. However, this Lease or any part thereof may be terminated
by the LESSOR at any time by the LESSOR giving the LESSEE sixty (60) days
prior written notice. In the event the Lease is terminated by the LESOOR
prior to the expiration of the term, the LESSEE shall be refunded a portion of
the rent advanced for those months following the date in which the Lease is
terminated.
4. OPrION 'IO RENEW -It is further understood and agreed that
LESSOR gives to LESSEE an option to continue on the premises under the same
terms and conditions, except for rent, on a year to year basis after the
primary term. Said option will be automatically exercised each year unless
either LESSOR or LESSEE advises the other to the contrary by giving at least a
sixty (60) day written notice before the anniversary date of the Agreement.
5. REm' - Rent will be paid by LESSEE at the rate of $350.00 per
month on or about the 1st of each month. said rent is composed of the
following standard rates:
a. vault SPace:
1 space @ $100.00 per space $lOO.OO/mo.
b. Antenna SPace:
2 @$ 25.00 per space $ 50.00/mo.
c. Equipment:
2 transmitters @ $ 75.00 each $150.00/mo.
2 receivers @$ 25.00 each $ 50.00/mo.
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COUNTY OF FRESNO
FRESNO, CALIFORNIA
FC-IS (4/82)
Said rate includes electrical usage. Should LESSEE'S estimated use of
electricity be greater than l35kw hours per month, as determined by the
LESOOR, LESSEE'S rent may be increased to reflect LESOOR'S additional costs
incurred by the additional use.
6. RENT IOCREASE -It is hereby understood that should LESSEE
remain in occupancy after the primary term, the rent for each additional year
shall increase by 4% per year and shall commence upon the anniversary day of
this Lease.
7. VACATIN3 -LESSEE shall, pr ior to or on the last day of the term
of this Lease, cease operation of and remove all equipment or facilities
installed as provided herein and vacate the leased premises and will surrender
premises to LESOOR in original condition less reasonable wear and tear.
Failure on the part of LESSEE to cease operations and vacate the premises as
provided herein shall be considered an unauthorized holdover by LESSEE in
which case the LESSOR shall take the necessary steps to terminate the
operating and occupancy provided LESSEE hereunder. Any equipment of LESSEE so
removed by LESSOR shall become the property of LESSOR for use or disposa.l as
determined by LESOOR.
8. MANNER OF GIVIN3 NOTICE -All notices herein provided to be
given, or which may be given, by either party to the other, shall be deemed to
have been fully given when served personally on LESSOR or LESSEE, or when made
in writing and deposited in the United States mail and addressed at the
address stated above. The address to which the notices shall or may be mailed
as aforementioned to either party shall or may be changed by written notice
given by such party to the other, as hereinbefore provided.
9. MAINTENANCE OF LEASED PREMISES -LESSEE agrees to be responsible
for any damage caused 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
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COUNTY OF FRESNO
FRESNO. CALIFORNIA
FC-16 (4/82)
representatives. At the conclusion of the initial construction period, LESSEE
agrees if necessary to refinish the surface of that part of the roof that may
be involved in any or all parts of the construction of the facilities proposed
hereunder. The LESSEE agrees not to commit, suffer or permit any waste or
nuisance on said property, and not to use or permit the use of the said
property for any illegal or immoral purposes. LESSEE further agrees to comply
with all State laws, local ordinances or other governmental regulations which
may be required by the proper authorities. The LESSEE agrees to permit the
LESSOR or its agents to enter said premises at any reasonable time to inspect
same.
10. ENFOOCEMENT OF THE AGREEMENT -If default shall be made in any
of the covenants or agreements on the part of the LESSEE contained in this
Lease, LESSOR may, at its option, at any time after such default or breach and
without any demand on or notice to LESSEE or to any other person, of any kind
whatsoever, re-enter and take possession of said property and remove all
persons and property therefrom, and LESSEE waives any legal remedy to defeat
LESSOR'S rights and possessions hereunder.
11. ATTORNEY'S FEES - The LESSEE agrees to pay the LESSOR all costs
and expenses, inclUding attorney's fees in a reasonable sum in any action
brought by LESSOR for the breach of any of the covenants or agreements
contained in this Lease, or to recover possession of said property whether
such action progresses to judgement or not.
12. POSSESSORY INI'EREST TAX - The LESSEE agrees to pay any
possessory interest tax which may be levied upon the leased property. In this
resPect, the LESSEE understands that a leasehold interest of property owned by
a tax exempt public agency may be subject to property taxation and that the
LESSEE (the person in whom the possessory interest is vested) is subject to
the payment of property taxes levied on such interest.
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COUNTY OF FRESNO
FRESNO, CALIFORNIA
FC-16 (4/82)
13. SUCCESSORS AND ASSIGNS - The parties hereby each bind
themselves, their successors and assigns with respect to all covenants and
conditions under this Agreement. The LESSEE shall not assign or transfer its
interest or obligations under this agreement, or sub-lease said premises or
any portion thereof, provide radio equipnent for the use of others, or cause
or permit any change of any equipnent installed in such premises, including
increased power outputs or changes in the use of the following frequencies:
TRANSMIT:855.2875
RECEIVE: 810.2875
without the prior written review and approval from LESSOR.
14. ADMISSION -LESSOR agrees that LESSEE shall have free access to
the tower and/or equipnent room for the purpose of installing and maintaining
the said equipnent, and LESSOR further agrees to give LESSEE free ingress and
egress to said tower and/or equipnent room during the continuation of this
lease and any renewals thereof. It is agreed that only authorized engineers,
employees or properly authorized contractors of LESSEE, F .C.C. inspectors, or
persons under their supervision will be permitted to enter said premises.
LESSEE further agrees to exercise firm control over the people requiring
access to the facilities installed by LESSEE at this location, in order to
keep to a minimum the number of people visiting this installation and the
frequency of the Visits.
15. SPACE REALLCX:ATION -NO priority or other rights shall attach
to the use of any space in LESSOR'S building or on said site. LESSOR shall
have the right at any time upon giving notice thereof to reassign or
reallocate the amount or location of spaces for communication equipnent for
the use of LESSEE, LESSOR, or anyone claiming under it. In the event that a
space reallocation is made, LESSEE shall, within 30 days of receipt of notice
thereof, remove or relocate its equipnent in conformity with said
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~OUNTY OF FRESNO
FRESNO, CALIFORNIA
=C-16 (4/82)
reallocation. Should spare be required for a public agency or if a frequency
incompatability that is not completely corrected as provided hereunder, occur,
the LESSEE who last began occupancy at said location will have their Lease
terminated and have 90 days in which to vacate the site.
16• ELIMINATION OF INI'ERFERENCE -In the event LESSEE'S
installation, or operations, in any way hinders, obstructs, or interfers with,
the radio or electronic equipnent of the LESSOR, or any tenant at said site,
LESSEE shall, at its sole cost and expense, upon receipt of written
notification, forthwith rease the interfering installation or operation. Any
costs incurred by the LESSOR isolating said interferenre and determined to be
a result of LESSEE'S radio, electronic or antenna systems will be reimbursed
to the LESSOR within 30 days upon receipt of billing or lease will be
terminated. If such hindrance, interferenre or obstruction does not fully
cease within thirty days after receipt by LESSEE from LESSOR of the
notification of the existenre thereof, LESSOR shall have the right to order
resstion of LESSEE'S equipnent as may be necessary to continuously eliminate
said interferenre. In the event of LESSEE'S inability or refusal to eliminate
such interference the LESSOR will immediately terminate this agreement and
evict LESSEE. Any interference of the LESSOR'S electronic equipnent during an
emergency incident will require immediate cessation of operation, transmission
or further use of LESSEE'S equipnent. Failure to do so immediately after
being notified of such interference will be grounds for immediate cancellation
of the Lease and immediate eviction.
17. COMPLIANCE WITH CODES AND STANDARDS -All installations and
operation in connection with this Lease by LESSEE shall meet with all
applicable Rules and RegUlations of the Federal Communications Commission,
Federal Aviation Agency, and all applicable codes and regulations of the city,
county and state concerned. Under this Lease, the LESSOR assumes no
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::::OUNTY OF FRESNO
FRESNO, CALIFORNIA
=C-16 (4/82)
responsibility for the licensing, operation and/or maintenance of LESSEE'S
equipment. LESSEE has the responsibility of carrying out the terms of its
F.C.C. license with respect to tower light observation and notification to
F.A.A.
18. INSURANCE -LESSEE shall take out and keep in force during the
term hereof, at LESSEE'S expense, public liability and property damage
insurance to protect against any liability to persons incident to the use of
or resulting from any accident occuring in or about said premises, the
liability under such insurance to be not less than One Hundred Thousand
Dollars ($100,000.00) for anyone person injured, or Three Hundred Thousand
Dollars ($300,000.00) for anyone accident and Five Thousand Dollars
($5,000.00) for property damage. LESSOR shall be given thirty (30) days
advance written notice of any cancellation or reduction in said insurance
policy or policies. LESSOR will not keep the improvements which are
constructed or installed by LESSEE under the provisions of this Lease insured
against fire or casualty and LESSEE will make no claim of any nature against
LESSOR by reason of any damage to the business or property of LESSEE in the
event of damage or destruction by fire or other cause, arising other than from
or out of sole negligence or willful misconduct of agents or employees of
LESSOR in the Course of their employment.
19. HOLD HARMLESS -LESSEE does hereby agree to indemnify and save
LESSOR, its officers, agents and employees, harmless from any loss, damage, or
liability which shall be caused by or may arise from the exercise by LESSEE of
any of the rights herein granted, and from all costs and expenses, claims,
demands and causes of action that may be incurred by or brought against
LESSOR, its successors, or assigns, caused by, arising out of, or in any way
connected with the exercise by LESSEE of any of the rights herein granted.
IIIIII
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COUNTY OF FRESNO
FRESNO, CALIFORNIA
FC-16 (4/82)
20. PCMER INrERRUPrION -LESroR will not be responsible to LESSEE
for loss resulting from interruption of power to antenna, transmitter or any
other equipment installed by LESSEE whether caused by act of LESroR, it's
agents, or third parties.
21. RELCX::ATION 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 the Lease.
22. GOVERNIN:; LAW -This agreement shall be interpreted under the
laws of the State of California. Venue for any litigation arising out of this
Agreement shall be only in Fresno County, california.
23. ENTIRETY -SUCCESSION -This lease merges and supersedes all
prior negotiations, representations, and contracts, and constitutes the entire
agreement concerning LESSOR's leasing of the premises to LESSEE and the
consideration therefore.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed as of the day and year first above written.
APPROVED AS 'IO LEGAL FORM: LESroR
COUNTY OF FRESNOMAX ~fnl' COUNTY COUNSEL BY_~ By~,bOf
Depu Y
~ Administrative services
APPROVED AS 'ill ACCOUNTING FORM LESSEE
GARY W. PETERSON, COOK'S COMMUNICATIONS CORP.
AUDI'IOR-CONTROLLER/TREASURER
TAX COLLEC'illR
0130/0500/3404
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FRESNO COlJ'.JTY PLAZA
ELECTRONIC SITE TECHNICAL INFORMATION
The following technical information is requested as a supplement to
application for electronic equipment space at the Fresno County Plaza. Please
complete all information. Use additional space if necessary to complete
information requested.
GENERAL INFORMATION
1. Name, Address, and Telephone Number of Applicant:
Cook's eommunications Corp.
160 N. Broadway , /
F~esno, CA 93701 (209) 233-8818
2. Proposed Radio Equipment:
Qty: 2 800 MHZ Mastr II Repeaters
3. Proposed Antenna System:
One Recieve Antenna with Multicoupler
One Transmit Antenna with Combiner
4. Other Accessory Equipment:
One 7' Foot Tall Cabinet with all Equipment Enclosed
5. Please Draw a Complete System Diagram (Block Form) of the Proposed
System. Include any transmitters, receivers, cavities and isolators,
transmission line, antenna system and control network and any other special
features required for this proposed system.
TECHNICAL INFORMATION
SC55YAM96ES KT 185-A1. Transmitter Model &Type:
WNXQ284
2. FCC Identification Number: FCC Assigned Call Sign: WNX<i?285
3. Transmit Frequency: 855.2875 CAJtput Power: 100 Watts _
500 Watts4. Authorized ERP:
5. Receiver Model & Type: SC55YAM96ES ER97D _
810.2875 LTR6. Receiver Frequency: CTCSS Code:
DB809 Full Wave Dipole TX7. Antenna Model & Type: _~==-=-~"=""="",.....----=-----------ASP970 Collinear RX
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DB809 Ormli 9DB Gain
Omni 7DB Gain8. Antenna Pattern &Gain: ASP970
9. Transmission Line Type: 7/8" Heliax
10. Estimated Power Consumption: 600 Watts Duty Cycle: 30 % __
(Note: Emergency Power Not Available)
11. Equipment Floor Space Required: 7' High, 22" wide. 26" Deep
12. Antenna Space Required: Two Antennas-....;;..;.;..;;;.....;.::.;.;~.::::....._--------
13. Other Space ReQUirements: Will add one more cabinet in the future
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