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.