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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. FI:LEASE78LE\KATHY\LEASE\1-I450.DOC 4127/95 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. FJ:LFASEiELE\KATHYILEASEU-1450.DOC ./27/95 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 3 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 S 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 6 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. F1:LEASEfELE\KA'IHY\LEASM-I450.DOC 4127/95 7 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 8 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 9 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 10 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 11 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 12 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.) FJ:LEASETELEUCATHIILEASEU-1450.DOC 4127/95 13 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 14 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 15 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 TOTAL P.13 u v�r N Q 7 �..� K t t • o •p �� 2Z I.u•. � Q `'f �y �1 ir0 v0 WZ r 1 y 2L Zu ? `. v � # eN J' Wv • V q 4 '0 may. 4ON sl Z Fx :16 O ? Z •[ 7` a = fa = 1( d�4 Watt d QIl+R' Alto F � V 4 V Y� :4 C� O �o -10 zo Q slazxx� o f* wr ;2 All �! |§ 2� K■ � . !•| � ��S$ $ $ § &m ■ . � � �� v . ■ 4n - - - - � � , • ^ 2 � 2 | 3� § /� fic � !.J. k \ �; a § 2- . ( k1 kk k� A4 . , � -- « | k � k ƒƒ� L k \� ;2 All �! |§ 2� K■ � . !•| � ��S$ $ $ § &m ■ . � � �� v . ■ 4n - - - - � � , • ^ 2 � 2 | 3� § /� fic � !.J. k \ �; a § 2- . ( k1 kk k� A4 . , � -- « | k � k ƒƒ� ��. z0 }o zo g62d O IIEIHXE I ;r 1 1