HomeMy WebLinkAboutResolution - 2004-R0464 - Agreement For Antenna Space On A Radio Tower At Lake Alan Henry - 09_28_2004Resolution No. 2004-RO464
September 28, 2004
Item No. 22A
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement for antenna
space on a radio tower at Lake Alan Henry. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
assed by the City Council this 28th day of September A004.
AARC N?c'DOtJGAL, MAYOR
TTEST:
Garza, City Secretary
Jones, Chief
VED AS TO FORM:
City Attorney
dots/CapRockTele Radio Tower.res
29, 2004
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Resolution No. 2004-RO464
September 28, 2004
Item No. 22A
FACILITY LEASE AGREEMENT
LESSOR: CAPROCK CELLULAR LIMITED PARTNERSHIP
P.O. BOX 119
SPUR, TEXAS 79370
LESSEE: CITY OF LUBBOCK
P.O. BOX 2000
1625 13TH STREET
LUBBOCK, TEXAS 79424
LOCATION OF LEASE SITE: LAKE ALAN B HENRY TOWER SITE
Situated on a tract of land out of the Northeast % of Survey 105,
Block 5, H & GN RR Co. Survey, Garza County, Texas.
(5.6 Miles N.E. of Justiceburg, Texas along HWY 2458
then 3.1 miles on dirt road)
Latitude: 033' 04' 29.73"
Longitude: 101* 05' 33.88"
LEASED SITE: TOWER LEASE — TWO ANTENNAS AND REPEATER TO BE LOCATED
AT APPROXIMATELY 400 FEET.
MONTHLY RENTAL: $0.40 PER FOOT/PER COAX RUN ($250.00 MINIMUM)
110 VAC POWER CHARGES ($25.00)
CALCULATION OF MONTHLY CHARGES:
Tower Lease 800 feet of Coax @ $0.40 = $320.00 Waived
110 VAC Power Charge $25.00
TOTAL MONTHLY CHARGE $25.00
*In the interest ofPublic Safety Caprock Cellular is waiving normal fees.
TOTAL AMOUNT OF LEASE IS DUE ON OR BEFO THE 1 ST DAY OF EACH MONTH THE
LEASE AGREEMENT IS IN EFFECT BEGINNING jr�El�?)2 (, , 2004.
ARTICLE ONE
THE USE OF THIS SITE SHALL BE FOR THE OPERATION AND MAINTENANCE OF TWO
ANTENNAS, COAX, REPEATER AND SMALL BUILDING TO PROVIDE RADIO
SERVICE TO EMERGENCY PERSONNEL. PLANS FOR INSTALLATION AND
CONSTRUCTION OF ANTENNAS, COAX, AND BUILDING MUST BE PRE -APPROVED
BY LESSOR.
ARTICLE TWO
THE INITIAL TERM OF THIS LEASE SHALL BE TEN (10) YEARS. AT THE END OF THE
INITIAL TERM, THIS LEASE WILL AUTOMATICALLY RENEW FOR ONE YEAR TERMS, ON
AN ANNUAL BASIS, UNLESS EITHER PARTY PROVIDES NINETY (90) DAYS NOTIFICATION
IN WRITING TO CANCEL LEASE IN ITS ENTIRETY.
Page 1 of 4
UPON CHANGE OF MANAGEMENT, OWNERSHIP, AND/OR TOWER AVAILABILITY, THIS
AGREEMENT WILL BE SUBJECT TO REVIEW AND LESSOR MAY CANCEL LEASE UPON
NINETY (90) DAYS WRITTEN NOTICE TO LESSEE.
LESSEE MAY CANCEL THIS AGREEMENT AT ANY TIME UPON WRITTEN NOTICE TO
LESSOR, SUBJECT TO ARTICLE FOUR.
ARTICLE THREE
LESSEE AGREES THAT SHOULD ANY TYPE OF INTERFERENCE OCCUR WITH CAPROCK
CELLULAR L P, LESSEE, AT THEIR OWN EXPENSE, WILL TAKE ALL STEPS NECESSARY TO
CORRECT AND ELIMINATE SUCH INTERFERENCE, INCLUDING BUT NOT LIMITED TO,
MOVING THE ANTENNAS OR OTHER FACILITIES TO ANOTHER LOCATION ON LEASE SITE.
ARTICLE FOUR
IN THE EVENT OF TERMINATION OF LEASE, LESSEE WILL REMOVE THEIR ANTENNAS,
EQUIPMENT AND ETC. AT THEIR OWN COST.
ARTICLE FIVE
LESSEE SHALL BE RESPONSIBLE FOR THE INSTALLATION OF ELECTRICAL POWER FROM
LESSOR'S FACILITIES TO LESSEE'S FACILITIES. INSTALLATION SHALL BE IN
ACCORDANCE WITH THE NATIONAL SAFETY CODE.
LESSEE SHALL BE RESPONSIBLE FOR ANY AND ALL DAMAGES TO THE LESSOR'S
PROPERTY AS A RESULT OF THE INSTALLATION, REPAIR OR REMOVAL OF LESSEE'S
EQUIPMENT AND SHALL TAKE REASONABLE MEASURES TO PREVENT ANY SUCH
DAMAGES FROM OCCURRING.
ARTICLE SIX
LESSEE OR THEIR AGENT SHALL BE RESPONSIBLE TO THE EXTENT PROVIDED BY LAW
FOR ALL OF ITS EMPLOYEES, AGENTS AND EQUIPMENT IN THE EVENT OF AN ACCIDENT,
THEFT', OR ACT OF GOD WHILE ON THE LESSOR'S PROPERTY.
ARTICLE SEVEN
LESSOR WILL PROVIDE KEYS FOR ACCESS TO LEASE SITE. KEYS SHALL NOT BE
DUPLICATED BY LESSEE. LESSEE SHALL NOTIFY LESSOR UPON ACCESS TO LEASE SITE
IF REQUIRED. NOTIFICATION NAMES AND NUMBERS SHALL BE PROVIDED BY LESSOR -
ARTICLE EIGHT
ANY CHANGE FROM ORIGINAL INSTALLATION OF ANTENNAS OR OTHER FACILITIES
MUST BE NEGOTIATED WITH CAPROCK CELLULAR.
ARTICLE NINE
LESSEE MAY NOT SUBLET OR LICENSE OTHERS TO USE THIS LEASE.
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EXECUTED IN DUPLICATE ON THIS THE 28th DAY OF September , 2004.
LESSOR:
CAPROCK CELLULAR
LIMITED PARTNERSHIP
LESSEE:
CITY OF LUBBOCK
By. '� By:
JJ J�im W itefi d
President & CEO of C R TELCO, INC.
Managing Partner
ATTEST:
Re ecca Garza, City Secretary
MAYOR
APPROVED AS TO CONTENT:
Tom Mann, Assistant Chief of Police
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
Page 3 of 4
STATE OF TEXAS
COUNTY OF DICKENS:
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE 27`h DAY OF SEPTEMBER
2004 BY JIM WHITEFIELD, PRESIDENT AND CEO OF C R TELCO, INC., MANAGING
PARTNER OF CAPROCK CELLULAR LIMITED PARTNERSHIP, A TEXAS LIMITED
PARTNERSHIP ON BEHALF OF SAID CORPORATION.
"ROIN IE- 'rAY..OR
�aaotary Public, State of Texas
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STATE OF TEXAS
COUNTY OF LUBBOCK:
NOTARY PUBLIC
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE o-28� -- DAY OF
12004 BY MARC MCDOUGAL, MAYOR OF THE CITY OF LUBBOCK ON
BEHALF OF THE CITY OF LUBBOCK.
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