HomeMy WebLinkAboutRES 84-270 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT s
THAT the City Manager be, and he is hereby , authorized to enter
into a contract with the State Comptroller' s Office to install an
antenna and base station on the city' s radio tower. The form of
the agreement is attached hereto as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of — 1984.
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THE STATE OF TEXAS ) r y RE: LEASE NO. COM-1140-E-
�� BEAUMONT
COUNTYOFTRAVIS )
STATE LEASE,
RADIO TOWER SPACE
In consideration of the covenants herein contained between THE STATE OF TEXAS, herein referred to as
Lessee,and CITY OF BEAUMONT ,herein referred to
as Lessor,the parties mutually agree as follows:
I. Lessor hereby grants permission to the Lessee to install, maintain and operate the radio communications
equipment described in the attached specifications,on or in the Lessor's property described as follows:
300 Linear feet of antenna space
BEAUMONT (city)
JEFFERSON County,Texas,
and utilize the antenna system owned and operated at the location by the Lessor or a Lessor approved antenna
system provided by the Lessee. Lessor also promises to furnish any and all services which are shown on the
attached Specifications,and other relevant instruments,which are attached hereto and made a part hereof for
all purposes.
IL Lessor agrees that Lessee shall have free access to the described property for the purpose of installing the
radio equipment and,during the continuation of this lease,free ingress and egress to said property is hereby
granted to the Lessee for the purpose of maintenance and repair of its equipment.This free ingress and egress
shall be subject to the requirements of the Lessor. It is agreed, however, that only authorized engineers or
employees of the Lessee, FCC inspectors or persons under their direct supervision will be permitted to enter
said property,
111. Lessee agrees that its representatives will not carry firearms of any type in or upon said property nor be
allowed to do hunting of any type while on or about the property.
IV. It is further understood and agreed that Lessee's equipment,its installation,maintenance,and operation will
in no way damage the described property or interfere with the maintenance of the Owner or Lessor's facility,
including any tower structure and tower lighting system.
V. Lessee agrees to install radio equipment of a type and frequency which will not cause interference to prior
Lessees of the facility and does hereby agree to make no changes in equipment or frequency without prior
approval of Lessor.In the event Lessee's equipment causes interference,Lessee will take all steps necessary to
correct and eliminate the interference.If said interference cannot be eliminated within a reasonable length of
time,the Lessee agrees to remove his equipment from Lessor's property and this lease shall then terminate
without further obligation on either party hereto except as may be specifically enumerated herein.
VI. Lessor will not grant a lease to any other party for use of this property if such grant would in any way affect
or interfere with Lessee's use of facility.
VII. Lessor agrees to maintain the tower and equipment house, if furnished as a part of this lease,in properly
operating condition.Cost of lighting,painting and repair to Lessor's property shall be borne by Lessor.If,under
the terms of this lease, Lessee furnishes an equipment house,Lessee agrees to maintain same in satisfactory
condition as to appearance and safety.
VIII. All installations and operation in connection with this tower,either by Lessor or by Lessee shall meet with
all applicable Rules and Regulations of the Federal Communications Commission, Federal Aviation Authority,
and electrical codes of the city or county and state concerned. Under this lease, the Lessor assumes no
responsibility for the license, operation and/or maintenance of Lessee's radio equipment. Lessee has the
responsibility of carrying out the terms of his FCC license with respect to tower light observation and
notification to FAA. Lessor agrees to correct any observed deficiencies at his expense upon receipt of collect
telegram from Lessee advising of deficiency.
IX. Lessor shall be responsible for the declaration and payment of any applicable taxes or assessments
against the property owned by Lessor.
X. It is agreed by and between the parties that the Lessor is not an insurer,that the payments of rental by the
Lessee as herein provided are based solely on the value of the services and facilities provided in this lease
agreement.It is further agreed that Lessor shall not be liable to Lessee for damages caused by acts of God,or
other acts beyond the control of Lessor although Lessor shall exercise due diligence to restore services and
facilities regardless of the nature of such cause. If due to acts of God or other acts beyond the control of the
��--2 7c') parties, Lessee's use of the tower is interrupted, Lessee shall not be liable for rent hereunder for the period
during which such use is interrupted.
r xnibit "A'
XI. This lease contract is made and entered into in accordance with the provisions of Article 6 of Article 601b,
Vernon's Texas Civil Statutes,and is made contingent upon the continuation of federally funded programs,or upon
the availability of state funds appropriated by the Legislature,to cover the full term and cost of the lease.In the event
a curtailment of federally funded programs occurs, or in the event state appropriated funds are unavailable as
described above,the State Purchasing and General Services Commission,hereinafter referred to as Commission,
may assign another State agency to the space,or a part thereof,covered by the lease.Should the Commission be
unable to find another State agency or agencies to fill,or partially fill the space,the Commission,upon written notice
to the Lessor,either may terminate this lease,or adjust it in accordance with the provisions of the lease.
XII. All obligations,as well as all rights and privileges contained herein,shall be binding upon and inure to the benefit
of the parties hereto,their heirs,successors and assigns.
XIII. Lessee is to make arrangements for installation of any control lines as may be required for operation of
Lessee's radio equipment. If, under the terms of this lease, power is not specifically included in the rental,
Lessee shall arrango for installation and payrriant of power iaciliiies using space provided by Lessor for the
power meter.
XIV. TERM OF THE LEASE
The term of this lease shall be for TWENTY FOUR (24) months commencing on the 1st day of
APRIL 1984 and ending on the 31st day of MARCH
1916—,unless sooner terminated as herein provided.
XV. MONTHLY RENTAL
The State of Texas agrees to pay Lessor not more than (See Item-6 a)) Dollars
(g (See item 6(a)) )per month during the term of this lease,said rent to be paid monthly by the State.
Lessor agrees to submit monthly statements for rent to the using agency. The monthly rentals provided for
herein shall be due and payable by Lessee in advance of the first day of the month for which said rentals are due.
Should the lease be terminated as herein provided,other than by lapse of time,all obligations to pay rent under
the terms of this lease shall be made only to the date of such termination.
XVI. If,after execution of this lease,Lessee is unable to utilize the radio tower due to action of the FCC,this lease
may be cancelled by either party without obligation.
XViI. In the event of Lessee's default in the payment of rentals or Lessee's failure to comply with any other
provision of this lease,Lessor may at its option terminate this lease without affecting its right to sue for all past
due rentals and any other damages to which Lessor may be lawfully entitled.
XVI11. SPECIALTERMS AND CONDITIONS(shall be listed here,and shall include but not be limited to:mutual
cancellation clauses, provisions relating to performance bonds on new construction, special requirements
peculiar to the using agency, and special requirements or conditions bid by the Lessor and accepted by the
Commission prior to its award).
(a) This radio tower space is provided to the Comptroller of Public Accounts at no cost.
(b) Either party shall have the right to cancel and terminate this lease by giving to
the other written notice of such cancellation at least 90 days prior to desired
cancellation date.
EXECUTED ATAustin,Texas,this 2nd day of May 19 84 A.D.
LESSOR: LESSEE:
THE STATE OF TEXAS
Acting by and through the
STATE PURCHASING AND GENF_-RAL
SERVICES Cf?MMIISSS >N
By. By.
Signature Signature bAVID T. CARR
(Please type or print name under signature.)
Lease Officer
Title Title
(512) 475-2153
Area Code Telephone Number Area Code Telephone Number
SPECIFICATIONS FOR RADIO TOWER SPACE RE: LEASE COM-1140-E-BEAUMONT
THE COMPTROLLER OF PUBLIC ACCOUNTS acting through the State Purchasing and General
Services Commission desires to rent RADIO TOWER SPACE.
Space desired shall meet the following minimum specifications:
1. Located in the vicinity of Beaumont County of Jefferson
2. Space shall be located at Louisiana and Pine Streets.
3. Term of lease: 24 Months. From 4/1/84 through 3/31/86
Contract will carry cancellation clause: Either party shall have the right to cancel
and terminate this lease by giving to the other written notice of such cancellation at
least ninety (90) days prior to the desired cancellation date.
4. Special Requirements:
a. YES Space on a suitable tower for the mounting of an antenna for a two-way radio
communications system and space for all necessary transmission lines.
b. YES Space in a building for the installation of Lessee's transmitting and receiving
equipment. Building space shall be approximately FIVE (5) sq. ft.
c. YES Access to the building and/or equipment at all times.
d. NO Electrical power supply metered separately to Lessee's equipment and electrical
power bills will be paid by Lessee.
e. YES Utilities (electricity, water, gas) are to be furnished by Lessor.
f. YES Tower space at sufficient height to enable the antenna to be mounted approximatel,
300 feet above ground level.
g. YES Area must be serviced by local telephone service for remote control.
h. NO Other:
Form: LR-7a
Revised 1/9/80