HomeMy WebLinkAboutCC Resolution 9373 (San Quesntion Radio Tower)RESOLUTION NO. 9373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE FIRE CHIEF TO ENTER INTO A LEASE AGREEMENT
WITH THE STATE OF CALIFORNIA (SAN QUENTIN STATE PRISON)
FOR THE MOUNTING AND INSTALLATION OF ANTENNAS AND RECEIVER
ON THEIR RADIO TOWER
WHEREAS, the State of California has installed a radio tower on property at San
Quentin State Prison; and
WHEREAS, The State of California has agreed to allow the Fire Department to
install antennas and a receiver on the tower; and
WHEREAS, The use of the tower will greatly enhance the reception capability of
the Fire Department's radio system, especially the southeastern boundaries of the City:
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the
Fire Chief to sign the Lease Agreement with the State of California (San Quentin State
Prison) for the use of the radio tower.
I, JEANNE M. LEONCII\II, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council of said City held on the 5th day of June,
1995) by the following vote, to wit:
AYES: COUNCILMEMBEIS: Cohen, Heller, Phillips., Zappetini &
Mayor Bozo
NOES: COUNCILMEMBEIS : None
ABSENT: COUNCILMEMBE% : None
JEAAZM. LEONCIM, City Clerk
ORIGINAL ov.�3
AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
STATE OF CALIFORNIA
BY -STATE LEASE AGREEMENT
This lease is made and entered into this first day of April 1995, by and between the State of California,
acting by and through its Director of General Services, with the approval of the California Department of
Corrections (CDC), hereinafter called STATE and the City of San Rafael Fire Department, hereinafter called
the LESSEE.
WITNESSETH
WHEREAS, the STATE has under its control telecommunications facilities located in the County of Marin,
State of California, commonly known as California State Prison, San Quentin, and more particularly
described as San Quentin Hill;
WHEREAS, STATE's policy is to make available communication facilities under its control, for such
purposes, when it is for the benefit of the public and same is consistent with the State of California's
programs and needs and;
WHEREAS, it is in the best interests of the STATE that such a lease be consummated on the terms and
conditions herein contained;
NOW, THEREFORE, it is hereby mutually agreed as follows:
1. DESCRIPTION STATE does hereby lease to LESSEE and LESSEE does hereby
hire from STATE the following described space and/or facilities, at
a location known as the California State Prison, San Quentin (CSP -
SQ), in the County of Marin, which is more particularly described
as the telecommunication facilities located at CSP -SQ, on "San
Quentin Hill" hereinafter called the Premises as shown on Exhibit
A, for the purposes of installing, operating and maintaining
electronic radio equipment as outlined in Exhibits B & C.
The Voting Receiver/Link Transmitter will be located in Radio
Vault Space number 11 and the mounting of two (2) antennas will
be on the existing cellular tower all as shown on the attached
Exhibit D, Vault and Tower space plan.
Exhibits A, B, C, and D, attached hereto, are hereby incorporated
herein and made a part hereof.
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
2. TERM The term of this lease shall be for a period of 5 years, commencing
on May 1, 1995 and shall terminate without notice from STATE on
April 30, 2000, unless sooner terminated as provided in paragraph
13. This lease may be canceled by either party at any time upon
giving written notice to the other party at least 90 days prior to the
date when such termination shall become effective.
3. RENT Effective May 1, 1995, the monthly rental rate for the use of
Premises shall be $100.00, payable in advance, on the first day of
each month.
Rental payments shall be made to:
Department of General Services
Cashier
P. O. Box 151
Sacramento, CA 95812-0151
4. LEASE RENEWAL STATE offers and LESSEE accepts no assurance that the leased
Premises or any other comparable space or facilities at the site
described herein will be made available to LESSEE beyond the term
stated above or as said term is reduced as provided herein.
If LESSEE desires to continue occupancy at said site beyond the
specific term of this lease, LESSEE may apply for a new lease by
submitting a Radio Vault Space Application to CDC along with a
non-refundable application fee, no later than 90 days prior to
termination of lease. If LESSEE's application provides for any
change whatsoever in operation, equipment, antennas, frequencies,
etc., LESSEE must notify STATE at least 180 calendar days for
processing. If no changes are to be made, LESSEE must allow
STATE at least 90 days for processing time. STATE may choose
not to approve LESSEE'S application and STATE's decision shall
be considered final.
5. LEASE APPLICATION FEE In addition to the annual rent shown above, any revision or renewal
(Non -Refundable) will require an engineering fee to cover STATE's cost of checking
the compatibility of frequencies, and any subsequent on-site testing
necessary to clear proposed LESSEE. The fee will be at the current
Telecommunications Engineer rate.
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
6. ADMINISTRATIVE CHARGE The LESSEE shall also pay, at the time of the execution of this
lease, a one-time charge of $1,000.00 to cover the STATE'S costs
associated with the preparation of this lease.
7. VACATING LESSEE shall, prior 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 unless LESSEE has
in hand a new Lease or has complied with the Radio Vault Space
Application deadlines as set forth in Paragraph 4. Failure on the
part of LESSEE to cease operations and vacate the Premises as
provided herein shall be considered an abandonment by LESSEE in
which case the STATE shall take the necessary steps to terminate
the operation and occupancy provided LESSEE thereunder. Any
equipment of LESSEE so removed by STATE shall become the
property of the STATE for use or disposal as determined by the
STATE.
8. TERNUNATION The parties hereto agree that either party may terminate this lease at
anytime during the term hereof by giving written notice to the other
party ninety (90) days prior to the date when such termination shall
become effective.
9. USE A. The leased Premises shall be used during the term hereof solely
and only for the purpose of installing, maintaining, repairing and
operating a voting receiver and related antennas as described in
LESSEE's Radio Vault Space Application, State Form #COM -
311, Exhibit B, and all facilities necessary thereto and such other
transmitting and receiving equipment as STATE may from time
to time consent to in writing and for no other purpose or
purposes whatsoever. All leases shall comply with standards as
shown in Exhibit B.
B. LESSEE shall at its sole cost and expense, comply with all of the
requirements of all municipal, State and Federal authorities now
in force, or which may be in force, pertaining to the Premises.
C. LESSEE shall use the frequencies listed in Exhibit B to transmit
and receive. Any change of frequency is not allowed unless the
LESSEE obtains written permission of the STATE.
FJ:LEASEIBLEUCATHYU.EASEU-1450.DOC 4/27/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #1-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
10. HOLDING OVER In the event LESSEE has complied with the application deadlines
set forth in Paragraph 4, and STATE has not issued a new lease or
a rejection, then this lease is "held over". LESSEE may continue
operation and occupancy under the terms of this lease on a month-
to-month tenancy until STATE has issued a new lease. If
LESSEE's application is denied by STATE, the "hold over" period
shall terminate 30 calendar days after the date STATE has mailed or
otherwise sent notice of such denial. While in hold over status,
STATE will increase the rental rates by multiplying the previous
monthly rent by 5%.
11. RECOVERY OF LEGAL FEES If action be brought by STATE for the recovery of any rent due
under the provisions hereof or for any breach hereof, or to restrain
the breach of any agreement contained herein, or for the recovery of
possession of said leased Premises, or to protect any right given to
STATE against LESSEE, and if STATE shall prevail in such action,
LESSEE shall pay to STATE such amount of all costs and expenses
including attorney's fees in said action as the court shall determine
to be reasonable, which shall be fixed by the court as part of the
costs of said action.
FJ:LEASEIELETATHYILEASEU-1450.DOC 4/27195
AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
12. NOTICES 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 made in writing and deposited in the United States mail,
certified and postage prepaid and addressed as follows:
To the LESSEE: City of San Rafael Fire Dept.
1400 Fifth Street
P.O. Box 151560
San Rafael, CA 94915
To the STATE: Department of General Services
Office of Real Estate
and Design Services
400 R Street, Suite 5000
Sacramento, CA 95814
To the STATE: Department of Corrections
(Institution) California State Prison
San Quentin
San Quentin, CA 94964
The address to which notices may be mailed to either party, may be
changed by written notice given by subject party to the other, but
nothing herein contained shall preclude the giving of any such
notice by personal service.
Informational notices shall also be provided to Cellular One at the
following address:
Cellular One
651 Gateway Blvd.
South San Francisco, CA 94080
Attention: Real Estate Manager
13. ACCEPTANCE OF PROPERTY LESSEE has visited and inspected the Premises. It is agreed that
the description stated herein is only approximate and the STATE
does not warrant or guarantee the actual square footage. By entry
hereunder, LESSEE accepts the Premises in its present order,
condition and repair. LESSEE agrees that upon the termination of
this lease to surrender up to STATE their Premises with any
appurtenances or improvements in the same condition as when
received, reasonable use and wear thereof and damage by act of
God, excepted.
FJ:LEASETELEUCATHYV.EASE4-1450.DOC 4127/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
14. COMPLIANCE LESSEE shall, at its sole cost and expense, comply with all the laws
and requirements of all Municipal, State and Federal authorities
now in force, or which may be in force pertaining to the Premises
and the use of the Premises as provided in this lease.
15. EASEMENTS AND RIGHTS- Any grant herein contained is subject to all valid and existing
OF WAY contracts, leases, licenses, easements, encumbrances and claims of
title which may affect said property. This lease is subject to all
existing easements and rights of way. STATE further reserves the
right to grant additional public utility easements as may be
necessary and LESSEE hereby consents to the granting of such
easement. The public utility will be required to reimburse LESSEE
for any damages caused by the construction work on the easement
area.
16. DEFAULT LESSEE shall pay said rent without deduction, default or delay. In
the event of a breach of any of the other covenants herein contained
on the part of LESSEE to be kept and performed, provided such
default continues for thirty (30) days after written notice from
STATE to LESSEE of such default, it shall be lawful for STATE to
re-enter upon and to take possession of the leased Premises and to
remove all persons, property and improvements therefrom.
FJ:LEASE MLE%KA7H11LEASEU-1450.DOC 4127/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
17. ROAD USE STATE hereby grants to LESSEE a non-exclusive right to use,
during the term of this agreement, the access road which serves
San Quentin Prison described above in the preamble. Said right
shall be subject to the provisions of paragraph 15 hereof, and to
the following conditions or terms:
a. LESSEE shall exercise said right through LESSEE's authorized
agents, employees, contractors or servants whenever it is
necessary for them, or any of them to have access to LESSEE's
facilities, now or hereafter located on said CSP-SQ's property.
b. LESSEE shall use said road at LESSEE's sole risk and shall
avoid traveling upon it to the greatest practical extent at all
times when weather conditions are such that excessive damage
to the road surface may result from such use, and further,
LESSEE shall, at LESSEE's expense, promptly repair any
abnormal or excessive road damage caused by LESSEE'S use,
including such road surface protective features as water drains,
berms or culverts.
Any damage to said road caused by LESSEE and not
immediately repaired will be repaired by the STATE. STATE
will be fully reimbursed by the LESSEE upon receipt of invoice,
within thirty days, or lease will be terminated as provided herein.
c. In the event locked gates are placed in fences now or hereafter
crossing said road, LESSEE shall provide locks in such a
manner that the gates may be used without disturbing the locks
of others.
d. It is the responsibility of LESSEE to arrange and obtain
whatever road permits may be required to cross lands other than
STATE -owned, if any, which may be necessary to reach the
leased Premises. The LESSEE will provide a letter stating that
the LESSEE has the necessary authorization to gain access to
the STATE's site.
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
18. ACCESS TO PREMISES Only the LESSEE, its properly authorized and qualified agents,
employee's, contractors, and servants, shall have the right to enter
and leave said Premises. If communication equipment of LESSEE
is operated or maintained by anyone other than LESSEE'S regular
employees, the admission of such persons to said site shall be
permitted only upon the express consent of STATE having first
been obtained in writing.
19. STATE USE OF PROPERTY The STATE reserves the right to use the real property involved (not
including real property or communications equipment installed by
LESSEE) in any manner, including but not limited to: the right to
construct, place, maintain, use, operate, repair, replace, alter, and
move, pipelines, conduits, culverts, ducts, fences, poles, electrical
energy, power and communication lines, roads, bridges, subways,
sidewalks, to use for grazing purposes, to grant easements over,
across, upon, and under, said real property, and the continuous right
of entry to, and exit from any operation or portions of said real
property in such manner as not to create any unreasonable
interference with the exercise of the rights granted herein to
LESSEE.
Any requirements for additional antenna structure, or vault space
stipulated by the STATE or recommended by LESSEE and
installed by LESSEE shall be governed and regulated by the
STATE and becomes the property of the STATE unless stipulated
otherwise by terms of this lease and/or amendment thereto.
20. SPACE REALLOCATION No priority or other rights shall attach to the use of any space in
STATE's building or on said sites. STATE 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, STATE, or anyone claiming under it. In the event
that a space reallocation is made, LESSEE shall, within 60 days of
receipt of notice thereof, remove or relocate its equipment in
conformity with said reallocation.
Should space be required for a public agency or if a frequency
incompatibility that is not completely corrected as provided in
Paragraph 19 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.
Fl:LEASEIELEWKATHNLEASE\I-1450.DOC 427/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1454
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
21. GRANT Any grant herein contained is subject to all valid and existing
contracts, leases, licenses, easements, encumbrances, and claims of
title which may affect said property, and the word "grant" as used
herein shall not be construed as a covenant against the existence
thereof, provided this is not applicable to Paragraph 1.
22. ELRVIINATION OF In the event LESSEE'S installation, or operations, in any way
INTERFERENCE hinders, interferes, or obstructs with the radio or electronic
equipment of the STATE, or of any tenant at said site, LESSEE
shall, at LESSEE'S sole cost and expense, upon receipt of written
notification, forthwith cease the interfering installation or operation.
Any costs incurred by the STATE isolating interference and
determined to be a result of LESSEE'S radio, electronic or antenna
systems will be reimbursed to the STATE within 30 days upon
receipt of billing or lease will be terminated.
If such hindrance, interference or obstruction does not fully cease
within 30 days after receipt by LESSEE from STATE of the
notification of the existence thereof, STATE shall have the right to
order cessation of LESSEE'S equipment as may be necessary to
continuously eliminate said interference. In the event of LESSEE'S
inability or refusal to eliminate such interference, the STATE will
immediately terminate this agreement and evict LESSEE.
Any interference of the STATE 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 lease and immediate eviction.
FJ:LEASE'ELEMCA7HYII.EASMI-1450.DOC 4/27/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
23. COMPLIANCE WITH CODES The installation and maintenance of the radio equipment of
AND STANDARDS LESSEE shall:
a. Be performed in a neat and workmanlike manner;
b. Conform in all respects to the fire, safety, and construction
standards applicable to such installation and equipment.
c. Be secured to prevent toppling, falling or otherwise shifting
position in event of earthquake, wind, storm or any other
occurrence;
d. Be satisfactory to STATE.
e. Failure to mount equipment and antennas in assigned spaces will
be cause for immediate termination of lease and eviction of
LESSEE.
LESSEE shall at all times comply with the statutes, laws,
ordinances and regulations of any government authority which are
applicable to the operation and maintenance of such radio
equipment.
The leased Premises shall be kept free from any and all liens and
charges on account of labor or materials used in, or contributing to
any work thereon.
FJ:LEASEI'ELEUCATHIILEASEU-1450.DOC 4/27/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
24. WORK BY LESSEE LESSEE shall, at LESSEE'S sole cost and expense, have the right
from time to time during LESSEE'S tenancy of the leased Premises
to:
a. Improve the leased Premises in a manner consistent with the
purposes of this agreement as set forth in Paragraph 2 hereof,
including but not limited to the installation, operation,
maintenance, or removal of said communication equipment,
provided that:
1. Any such improvement or equipment shall be constructed or
installed in such manner as to not impair visibility from any
other improvement located on or near the leased Premises
under control of the STATE or anyone claiming under it;
2. Any such improvement or equipment to be constructed or
installed will require LESSEE to submit a full Radio Vault
Application for lease for all intended changes or additional
improvements. Failure to do so will be cause for lease
cancellation and immediate eviction of LESSEE;
3. Plans for the construction or enlargement of any
improvement shall be submitted to STATE in advance of
such construction or enlargement, and shall be subject to the
prior written approval by STATE; STATE will not
unreasonably withhold such approval;
4. Such approval shall not be construed as constituting implied
approval of any subsequent additional unspecified radio or
electronic equipment installed or to be installed by LESSEE;
and,
5. Such approval shall not be construed as relieving LESSEE
of the obligation of complying with any and all terms and
conditions of this agreement.
b. Furnish, install, and/or use (or remove from) in, on, and/or
under, the leased Premises, such wiring, parts, equipment,
and/or other property of whatsoever kind and/or nature as
LESSEE may deem necessary (consistent with Paragraphs 2 and
19, hereof); and
c. Connect such wires and equipment to lines adjoining the leased
Premises.
FJ:LEASEfELETATHY\LEASEU-1450.DOC 4127/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #1-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
25. ENVIRONMENTAL 1. The LESSEE agrees to comply with all applicable Federal, State
COMPLIANCE and local regulations pertaining to hazardous materials' use,
storage and disposal. The LESSEE shall indemnify and hold
harmless the STATE and its agents and representatives for any
violation of hazardous materials by law caused by LESSEE or
LESSEE'S representatives. Furthermore, LESSEE shall
reimburse the STATE for any and all costs related to
investigation, clean up and/or fines incurred by the STATE for
environmental regulation non-compliance by the LESSEE or
LESSEE'S representative.
2. If the LESSEE is required to prepare a Business Plan, as
specified by Health and Safety Code Section 25500 et seq., or a
Hazardous Waste Contingency Plan, as specified in 22 CCR
66264.51 et seq., then a copy of the plan shall be submitted to
the Chief of Plant Operations.
3. If LESSEE or LESSEE'S representative generates any regulated
hazardous wastes on the STATE'S property, LESSEE agrees to
dispose of such wastes in accordance with all applicable Federal,
State and local regulations. Copies of all hazardous waste
manifests or disposal certificates shall be submitted to the Chief
of Plant Operations.
4. Storage of hazardous waste shall comply with 22 CCR 66264 et
al., and all applicable fire regulations. The LESSEE shall not
apply to become a "permitted" hazardous waste storage facility
without written permission from the Chief of Plant Operations.
5. The STATE or its representatives reserves the right to inspect
all areas which are leased or rented by LESSEE, for the purpose
of verifying environmental compliance.
6. At the request of the Chief of Plant Operations, the Lessee shall
provide copies of Material Safety Data Sheets (MSDS) for all
hazardous materials used on STATE'S property.
7. Any violation in Federal, State or local environmental law
deemed serious by the STATE will be grounds for termination
of lease in accordance with applicable sections herein.
Termination of lease by either party or evacuation of leased
property by LESSEE shall not relieve LESSEE of environmental
or hazardous materials related liabilities incurred by the STATE
during LESSEE'S occupancy of incurred as a result of
F7:LEASEMLE\KA7HMEASEd-1450.DOC LESSEE'S actions. ,27/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
26. HOLD HARMLESS LESSEE does hereby agree to indemnify and save STATE, 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 claims,
demands, and causes of action that may be brought against STATE,
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. LESSEE agrees to provide necessary Workers
Compensation Insurance for all employees of LESSEE upon said
Premises at the LESSEE'S own cost and expense.
27. TAXES/ASSESSMENTS The LESSEE agrees to pay all lawful taxes, assessments or charges
which at any time may be levied by any public entity upon any
interest in this agreement or any possessory right which LESSEE
may have in or to the leased Premises or the improvements thereon
by reason of his use or occupancy thereof or otherwise as well as all
taxes, assessments, and charges on goods, merchandise, fixtures,
appliance, equipment and property owned by him in or about said
Premises. It is further understood that this lease may create a
possessory interest subject to property taxation and LESSEE may
be subject to the payment of property taxes levied on such interest.
28. NON-DISCRRVIINATION LESSEE agrees that it will not discriminate against any employee or
applicant for employment because of race, color, religion, ancestry,
national origin, sex, age or physical handicap. LESSEE agrees to
take affirmative action to ensure that applicants are employed and
that employees are treated during employment, without regard to
their race, color, religion, ancestry, national origin, sex, age or
physical handicap. (See California Government Code Sections
12920-12994 for further details.)
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
29. LIABILITY INSURANCE LESSEE shall furnish a Certificate of Insurance to STATE with
amounts of public liability insurance of not less than $300,000 for
each person, $500,000 for each occurrence and property damage of
at least $100,000 or a combined single limit policy of not less than
$500,000. The Certificate of Insurance will provide:
a. that the insurer will not cancel the insured's coverage without
thirty (30) days prior written notice to the STATE;
b. that the State of California, its officers, agents, employees and
servants are included as additional insured, but only insofar as
the operations under this lease are concerned; and
c. that the STATE will not be liable for payment of any premiums
or assessments on the insurance coverage.
LESSEE agrees that the insurance herein provided for shall be in
effect at all times during the term of this lease. In the event said
insurance coverage expires at any time or times during the term of
this lease, LESSEE agrees to provide STATE at least thirty (30)
days prior to said expiration date, a new Certificate of Insurance
evidencing insurance in coverage a provided for herein for not less
than the remainder of the term of the lease, or for a period of not
less than one (1) year. In the event LESSEE fails to keep in effect
at all time insurance coverage as herein provided, STATE may, in
addition to any other remedies it may have, terminate this lease
upon the occurrence of such event.
STATE will not keep 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 STATE 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 negligence or
willful misconduct of agents or employees of the STATE of
California in the course of their employment.
F]:LEASMLEI CATHY\LEASE\1-1450.DOC 4127195
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
30. DEBT LIABILITY
DISCLAIMER
Lease #L-1450
STATE will not be liable of any debts or claims that arise from the
operation of this lease.
31. PARTNERSHIP DISCLAIMER The LESSEE and any and all agents and employees of LESSEE
shall act in an independent capacity and not as officers or employees
of the STATE. Nothing herein contained shall be construed as
constituting the parties herein as partners.
32. PROTECTION OF PROPERTY LESSEE shall not commit or suffer to be committed any waste or
nuisance upon the Premises and further agrees to exercise due
diligence in the protection of the Premises against damage or
destruction by fire or other cause at all times.
33. DESTRUCTION If fire or other casualty totally destroys the Premises, this lease shall
terminate.
34. SUBLET CLAUSE/ LESSEE shall not transfer nor assign this lease, and shall not sublet,
CHANGE IN USE license, permit or suffer any use of the leased Premises or any part
thereof, or lease space in any building constructed on said land,
provide radio equipment for the use of others, or cause or permit
any change of any equipment installed in such Premises, including
power outputs of changes in the use of the frequencies described in
Exhibit `B", except upon making a written request to STATE for
each transaction and the obtaining of its prior written consent
thereto. LESSEE shall display on each piece of equipment the
appropriate license from the federal regulation agency.
35. MUTUAL CONSENT Notwithstanding anything herein contained to the contrary, this
lease may be terminated, and the provisions of this lease may be
altered, changed or amended by mutual consent of the parties
hereto.
36. LOSSES The STATE will not be responsible for losses or damage to
personal property, equipment or materials of the LESSEE. All
losses shall be reported to the STATE immediately upon discovery.
F1:LEASEIELEkKATHY\LEASE11-1450.DOC 4127/95
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AGENCY: CALIFORNIA DEPARTMENT OF CORRECTIONS Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
37. PROHIBITED ITEMS Since the Premises are situated on the grounds of the California
State Prison, San Quentin, the LESSEE will comply with all rules
and regulations adopted by said Institution. No article or material
which the STATE considers as being contraband shall be brought
on the Premises. Said rules prohibit, but is not limited to: beer,
alcoholic beverages, narcotics, the possession of firearms,
explosives or edged weapons, including restricted controlled
substances. Any willful violation of said rules and regulations or of
the terms of this lease will be grounds for immediate cancellation of
this lease and removal of LESSEE.
38. LESSEE PROPERTY All improvements constructed or placed on the leased Premises or
its appurtenances by LESSEE, and all wires, equipment and other
property placed in, upon, or under the leased Premises or its
appurtenances by LESSEE, shall remain the property of LESSEE
and shall be removed by LESSEE, at its sole cost and expense,
upon termination of this lease except as provided in Paragraph 5.
However, upon said termination of this lease, LESSEE may, with
the prior written consent of STATE, abandon in place any and all of
said improvements, whereupon title to said improvements as
abandoned by LESSEE shall vest in STATE.
39. REPAIRS LESSEE shall not call on STATE to make any repairs or
improvements on the leased Premises, and LESSEE shall keep the
same in good order and condition at LESSEE'S own expense.
40. BINDING UPON SUCCESSORS The terms of this lease and covenants and agreements herein
contained shall apply to and shall bind and inure to the benefit of the
heirs, representatives, assigns and successors in interest of the
parties hereto.
41. SECTION HEADINGS All section headings contained herein are for convenience of
reference only and are not intended to define or limit the scope of
any provision of this lease
FJ:LEASEIELEUCATHIILEASE'I-1450.DOC 4/27/95
16
AGENCY: CALIFORNI EPARTMENT OF CORRECTION Lease #L-1450
PROJECT: CALIFORNIA STATE PRISON, SAN QUENTIN
Time is of the essence of each and all of the provisions, covenants and conditions of this agreement.
IN WITNESS WHEREOF, the lease has been executed by the parties hereto as of the date first herein above written.
STATE OF CALIFORNIA
LESSEE:
CITY OF SAN RAFAEL
FIRE DEPARTMENT
DEPARTMENT OF GENERAL SERVICES
OFFICE OF REAL ESTATE AND
DESIGN SERVICES
BY:
BY:
/ GGt�iL
TITLE:
TITLE:
DATE:
�p 8 N
DATE:
TELEPHONE:
ATTEST:
h1. .
A�EM.
APPROVED:
LEONCIN , City Clerk
STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS
BY:
JUDY BUCKMAN, CHIEF
TITLE: BUSINESS MANAGEMENT BRANCH
F174 "I
STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS
CALIFORNIA STATE PRISON. SAN OUENTIN,
M
TITLE: Warden
DATE:
TELEPHONE:
C L /9RK F• (y�/�J✓�n/
/qss •T city M'MNb7l
4r27/v5
FJ:LEASMLETKATHY\LFASE�1-1450.DOC
17
TELECOM-FISCRL MGNT —
EXHIBIT "B"
PAGE 01 of 03
State of California L— 1-4 W
COWMICATIORS DIVISION
APPLICATION FDR RADIO VAULT SPACE
The undersigned hereby makes appltcntion to; D Madify lease (describe specific change
HRenewlease with modification
genew 'tease (nfl change)
0 Lease 3 square feet _.
for vault space and related antenna spaCe at San o u e n t i n Hills Radio Tower
Power requirements for operation of communications equipment are:
❑ Commercial and emergency power
Commercial power only
No power required
Frequencies:
453.1875 45.62
Transmit-, 453.
It is understood that a one-time nonrefundable administrative charge in the amount
of $500 must accompany this application.
Applicant Ci ty of San Rafael (Fi re Dept
Sy Donald L. Woford
Title Division Chief
Data September 23, 1994
Receipt of an administrative charge in the mount of 1500 is hereby acknowledoed.
STATE Or CALIFORNIA, Department of
3y
Pate
10TE': A fee of 1250 wiZ% be required biwn the apreement is rewaad on a five-year
or Zess teM, or Whan akcngse aro wtadw fo as tsrloiirW agrssmwnt and the
pmparation of a new arrow ent fe required.
COM -311 (Rev. 12179)
Page 2
TEUCOM—F'ISCRL MGNT
EXHIBIT "B"
PAGE 02 of,03-
state of California L-
CDlWWNICATIONS DUrSION
Radio vault sce AQ lication
Technical Data S�sets
Sita Hance San Quentin Prison Radio Tower 9/23/94
oat•
County M a r i n
Applicant City of San Rafael (Fire Dept.)
1400 5th Ave., P.O. Box 151560, San Rafael, CA 94901
(A�VlV 485-3304
tPhona Number)
The following technical data �s submitted. in conjunctiioamwith TIM
qus far
vaults ace to the Dept. o Corrections 33��
(State Agency)
Person responsible for technical Operation of station. (Can provide technical details.)
Marin County Radio Shop - Ron Kiesel, Manager
0601e)
)
P.O. Box 4055, San Rafael, CA 94913-4055
(Address)
(415) 499-7313
(Phone Number)
Date equipment desired to be in operation 10/1 /94
Equipment x1111 opwrate in the San Rafael Fire Radio Service.
Type of Operation ❑ Base Station ❑ Mobile Relay ❑ Microwave
�,1Other Voting Receiver/Link Transmitter
Number of 2' x 2' radio equipant floor spaces required 1
Space required for cavities. duplexers, etc.:
❑Wall Space ID Floor Space 30 r. 21 x 12
C7 Mounted with Radio ❑ Not Acquired (MxWxD In inches)
No. or Transm(f'ters 1 No. of Receivers 1
Maximum AC power consumption: TRANSMIT 2 (Watts STANDBY Watts
Space for battery facilities, if any, including Charger:
Hall Space 0 Floor Space
0 Mounted xitF Radio 0 Not Required (Hxwxb in inches)
Maximum AC power consumption of battery charger 2 Amp AC
V Lwod
' (Signa ure)
Mame DONALD L. WOFO D
(Print or type)
COM -311 (liev, 12/79) Title Division Chief
pa¢e 3
TELECOM—FISCAL MGNT
EXHIBIT "B"
EgUIPMEMT DATA PAGE 03 of 03
L-1450
Provide data for equipment to be installed In each vault Spat*• ..(Show equipment In block
wn
diagram on oage S. Duplicate this page a$ required to •heall enulpment.)
CABINET/RACK A( )
TRANSMITTER #I:
Power Output 2 W
RECEIVER /i:
TRANSMITTER 12:
Parer Output W
RECEIVER 02:
Tp"SMITTER #3:
Power Output W
RECEIVER 13:
TRANSMITTER 04:
Power Outpvt� W
RECEIVER 14:
Frequency(s) -
453-1875
Make & Model Newl i nk-DCL-TX
Feequeney(s)
45-62
Make & Model General Electric Low band Master 11 ArtO:
Frequency (s)
.Make b Model
Fraquen cy (s )
Make b Model
CASIUrT/RACK 1( )
Frequeney(s)
Make Model
Frequency(s)
Hake 6 Model
Frequency (s)
Make 9 Model
FreQuency (s)
Make & Model
.ANTENNA DATA __..
For each anttnna, supply the followings
(Show antenna in block diagram on page
1. ANTENNA Make i Model Length or M/W 6aln Azimuth
Dish Size
%1 'Cel T Wave D83 14 0 OMN t
Cushcraft 10D6 292n
!3 PC40N ' 3: 1 7'
fti
*Height above ground to antenna support bracket.
COM -311 (Rev. 12179)
Page 4
Height
Des I reds+
Highest Av<
Not to Exci
2 0'
CITY
DFd ..
CA
N IRAFAEE
1400 FIFTH AVENUE, P.O. BOX 151560, SAN RAFAEL
CALIFORNIA 94915.1560 1 FAX (415) 459-2242
Ms. Ramona Noone
Procurement Officer
Department of Corrections
San Quentin Prison
San Quentin, CA 94964
Dear .Ms. Noone:
M.., JR
ALBERT j 80RO
COUNCIL uEusEas
DOROTHY L WEINER
PAUL W,COHEN
MICHAEL A. SHIPPEY
JOIN C. THAMR
Fire Department
March 28, 1994
EXHIBIT "C"
PAGE 01 of C
L-14150
CUP%//'7
In regard to your correspondence dated March 14, 1994, please accept our appreciation
for approval of our request to install a satellite receiver on your radio tower.
Included is the additional information you requested for final review of our request.
Written Technical Information
The proposed installation is for a Voting Receiver for our low band radio system. We
will be installing a General Electric low -band Master H receiver on 46.62 mhz operating
on a battery back up 12V DC power supply. The only transmitter in use will be a low
power 2 watt Newlink model DCL -TX link transmitter to send the signal back to San .
Rafael Hill. This radio will operate on a frequency of 453.187S mhz. The low band
receiver will use a PD85 omni directional antenna and the link will use a PC457N Yagi
directional antenna.
Interohasine Study
The County of Marin Radio Repair Shop, who will copplete the installation, has
determined that neither the low band receiver or the VHF low power link shall cause
any intcrfcrcncc to cithcr San Quentin's 800 mhz trunk system or the 800 ui.hz cell site
operation.
Site Installation Location
The PD -85 directional antenna should be placed as high on the north side of the tower
as is possible. The Yagi should be at the 20 foot level, also on the north side of the
tower facing San Rafael Hill.
IVIS. Ramona Noone
March 28, 1994
Page 2
EXHIBIT "C"
PAGE 02 of 02
L- !¢C5O
Identification of Eauioment Installed,
The installer of the equipment will be the County of Marin Radio Repair facility. For
further information yon may contact Mr. Ron Kiesel, Communications Coordinator at
(415) 499-7241.
If you desire additional information, please contact us at (415) 485-330.4.
Sincerely,
ROBERT E. MARCUCCI
Fire Chief
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