Loading...
Tower Rental KFXA-TV, contract D~~~E ~ck~ MEMORANDUM September 15, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: KFXA-TV Tower Rental - Contract Chief of Police Kim Wadding is recommending execution of a lease for $12,000 a year with KFXA-TV to rent additional tower space for a second antenna to support the police mobile radio system. I concur with the recommendation and respectfully request Mayor and City Council approval. /71ft-{1 Ú¡, /~ (/ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Kim Wadding, Chief of Police II ~ D~~~ ~~~ MEMORANDA Date: September 13, 2004 To: Michael C. Van Milligen City Manager From: Kim B. WaddingA,--..... Police Chief -/~ Re: KFXA-TV Tower Rental- Contract INTRODUCTION: The purpose of this memorandum is to seek approval of the attached lease agreement between KFXA-TV and the City of Dubuque regarding the rental of additional tower space for the second antenna needed to support our police mobile radio system. BACKGROUND: The police department replaced its original radio-modem transmission system with a new Parallel Decode System. The Parallel Decode System uses a two-antenna system allowing faster and more complex data (i.e. photos and maps) to be transferred. Additionally the system slightly expands our geographic area and has a redundancy capability in the event one of the two antennas on the patrol unit or tower becomes disabled. To complete the addition of the second antenna negotiations were started with KFXA-TV and have now been completed. DISCUSSION: The second antenna lease negotiations are complete with KFXA-TV. As originally quoted, the City of Dubuque will pay $1,000 per month for the tower rental. The initial term of the lease agreement is five (5) years beginning February 1, 2003 when the system was first initiated. Barry Lindahl has reviewed the lease agreement with the changes accepted by Larry Blum of KFXA-TV. The lease agreement is attached for your review. RECOMMENDATION: The lease agreement for the additional tower rental of $1,000 per month was the original price quoted at the beginning of the data-radio project. Based upon the lease '. agreement as reviewed by Barry Lindahl, I recommend approval of the lease agreement. ACTION REQUESTED: Request consideration by the City Council to approve the lease agreement between KFXA- TV and the City of Dubuque for the rental of additional tower space for the police department's mobile radio system. Cc: Barry Lindahl, Corporation Attorney Jeanne Schneider, City Clerk LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this 1st day of February 1, 2003 by and between KFXA-TV "LESSOR" 600 OLD MARION ROAD. N.E. CEDAR RAPIDS. IOWA 52402 CITY OF DUBUQUE, IOWA clo Police Chief 770 IOWA STREET DUBUQUE, IOWA 52001 "LESSEE" WHEREAS, Lessor is the owner of the following described property (the Lease Premises): ; and WHEREAS, Lessee desires to use a portion of said Leased Premises for its communications system equipment improvements; and WHEREAS, Lessor is willing to permit said use of the Leased Premises subject to certain conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed between the parties hereto as follows: 1. LEASE OF PREMISES Lessor hereby gives permission, revocable and terminable as hereinafter provided, to Lessee to enter and occupy a part of the Leased Premises for the purpose of using it for the improvements to its communications system equipment and operations (hereinafter referred to as the "Improvements"). Said Improvements shall be located so as not to interfere with any of Lessor's operations. 2. USE OF LEASED PREMISES Lessee shall be permitted to use and occupy the Leased Premises for the operation of communications equipment and related purposes. Lessee shall not be permitted to use the Lessor Premises for any other purpose except by prior written permission of Lessor. (See Addendum #1) 3. RENT Lessee shall pay as rent $1,000.00 per month to Lessor. Payments shall be payable on the first of each month following the date of installation of Lessee's equipment. Checks or drafts shall be payable to KFXA-TV, 600 Old Marion Road, N.E., Cedar Rapids, Iowa 52402. The rent shall be increased annually by the greater of 3% or the CPI increase for the prior year. 4. TERM The Lease Agreement shall be for an initial term of five (5) years commencing on February 1, 2003 and shall be automatically renewed for up to four (4) subsequent five (5) year terms, unless either party has given six months advance written notice of termination. Lessee may terminate this Lease Agreement upon 30-day notice for any reason, including inadequate coverage of the system. 5. ACCESS Lessor shall provide Lessee access to the Leased Premises at all times for the uses authorized herein. 6. MAINTENANCE The costs of any maintenance and operation of the Improvements shall be at the sole expense of the Lessee. 7. IN D EM N I FICA TION/LIABI LlTY /I N S U RAN CE Lessor shall have no liability for any loss or damage due to personal injury, property damage, libel or slander, or imperfect or unsatisfactory communications experienced by the Lessee. Lessee agrees to defend, indemnify and hold harmless Lessor from and against any and all claims, demands, actions, suits, liabilities and judgements against Lessor for property damage, injury or death arising from Lessee's negligent use of the premises. Lessee is a member of the Iowa Communities Assurance Pool and has provided Lessor with evidence of its insurance agreement which Lessor accepts as adequate for purposes of this Lease Agreement. Lessee shall provide Lessor with a copy of evidence of such coverage prior to the installation of Lessee's equipment. 8. INTERFERENCE In the event the Lessor determines that the operation of the Improvements by Lessee is causing interference to transmission and/or reception of any other communications systems in use of the vicinity of the Leased Premises, Lessee shall take all appropriate steps necessary to mitigate said interference immediately after receiving written notice. 9. PERMIT Lessee is responsible for obtaining and paying the costs of all permits, licenses or other approvals by any regulatory body having jurisdiction over uses authorized herein. 10. COMPLIANCE Should Lessee fail or neglect to comply with any terms or conditions of this Lease Agreement or to comply with any reasonable requirement of Lessor after thirty (30) days written notice and demand, this Lease Agreement shall be subject to termination. In the event of such termination, Lessee shall immediately remove any and all of its Improvements from the Leased Premises and surrender all rights and privileges under this Lease Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed the day and year first above written. LESSEE: LESSOR: By: By: Title: Title: ADDENDUM ONE One single 7-foot panel antenna mounted at 410 feet.