HomeMy WebLinkAboutReso. 1988-304 - Approving the lease agreement between the city of redding and valley industrial communications, inc . i •
RESOLUTION NO. Fg-,_:3 O Y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF REDDING
AND VALLEY INDUSTRIAL COMMUNICATIONS , INC. AS AGENT FOR
MOTOROLA, INC. , FOR USE OF SPACE ON PROPERTY LOCATED AT HILL
900 , AND AUTHORIZING THE MAYOR TO SIGN SAME.
IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows :
1 . That the City Council of the City of Redding hereby
approves the Lease Agreement for vault space, tower space and
electrical power at Hill 900 entered into between the City of
Redding and Valley Industrial Communications , Inc. as agent for
Motorola, Inc. , a true copy of which is attached hereto and
incorporated herein.
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement on behalf of the
City Council of the City of Redding, and the City Clerk is hereby
authorized and directed to attest the signature of the Mayor and
to impress the official seal of the City of Redding on the
aforesaid document, when appropriate.
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
the City of Redding on the 6th day of September , 1988 , and was
duly adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS: Buffum, Carter, Dahl, Fulton, & Johannessen
NOES : COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
K,/MAURI. E JOHANNESSEN, Mayor
City of Redding
ATTEST: FORM PPROVED:
ETHEL A. NICHOLS, City Clerk RA ALL A. HAYS , City Attorney pn
i
•
• III .
LEASE
CITY OF REDDING
, hereby leas
to • LEY INDUSTRIAL COMMUNICATIONS INC! Se AGENT FOR MOTOROLA ssores
Lessee , for a term of one year commencing on Sep em.er INC. ,
property located at Hill 900 Shasta County, California ,
consisting of vault space , tower space and electrical
the operation of equipment owned byPowar on
e
-
exclusive lease; other lessees may have asimilar lea a agreement
with Lessor for the same location .
Lessee owned equipment to consist of :
10 - IBM Base Station Model C55WNB 001007B- M
Fresuenc Tx 855. 8375 Rx 8 0 . 8375 , oax as e ' n enna
THIS LEASE IS MADE ON THE FOLLOWING CONDITIONS :
1 . Rent shall be the sum of $ 900. 00
payable in twelve equal monthly installments on t e ' annually ,
day of each month commencing September 1 . 1988 first
billings will be made by Lessor to Lessee. Monthly
2. Either party may terminate this lease at the end of a
one year term upon thirty days advance written notice to the
other party. Unless such notice be given, the lease shall be
deemed renewed thereafter monthly.
3. Lessee shall pay when due all property taxes levied upon
equipment owned by Lessee and shall furnish government special
use permits for such equipment , if required . Lessee shall
operate only equipment currently licensed by the Federal Com-
munications Commission .
4. Lessor shall use reasonable care in the maintenance of
the property leased hereunder ; but Lessor shall not be res
on-
sible for loss of or damage to Lessee' s equipment by fire, theft ,
vandalism, storm damage or other natural causes. In the event of
major damage to the premises , or destruction thereof, either
party may terminate this lease without further obligation.
5. Lessor shall not be liable for injury or death to Lessee
or its agents , servants and employees or to third persons or for
damage to Lessee ' s property or the property of its agents ,
servants and employees or third persons arising out of the use ,
maintenance or operation of either Lessor 's or Lessee' s com-
munications equipment located at the premises or the other
operations of Lessor or Lessee, and Lessor shall not be respon-
sible to Lessee or its agents , servants and employees , or to
third parties , for any death, personal injury,
to any person whatsoever arising out of orconnectedrwi ham anye
interference to or interruption in Lessee' s maintenance or
operation of its communication facilities and equipment
-1-
4
•
maintained and operated by it which may be caused by or connected
with Lessor ' s communication operations , or otherwise .
Lesee
agrees to save and defend and indemnify and hold Lessor frees and
harmless of and from any cost , expense , including attorney ' s
fees , damage or liability whatsoever arising out of or in any
manner connected with the above or Lessee ' s use or occupation of
said leased premises and the Lessee ' s activities and operations
thereon or in connection therewith.
6 . Lessee shall have twenty-four hours per day non-
exclusive access to the premises and access to its equipment as
per Federal Communications Commission rules and regulations.
7. Lessee owned equipment shall be engineered and installed
in a fashion as to not cause any interference or degradation to
other radio communications systems located at this site. All
equipment installation , additions, alterations, and maintenance
shall be performed by Lessor or its agent.
8. Lessee shall not assign this lease , sublet the premises
or permit the same to be used by third persons not agents or
employees of Lessee without the prior written consent of Lessor .
9. If any legal action or any arbitration or other
proceeding is brought for the enforcement of this agreement, or
because of an alleged dispute, breach, default or misrepresen-
tation in connection with any of the provisions of this agree-
ment , the successful or prevailing party or parties shall be
entitled to recover reasonable attorneys' fees and other costs
incurred in that action or proceeding , in addition to any other
relief to which it or they may be entitled.
10. If Lessee shall fail to pay the rental when due , or
otherwise breach this agreement , Lessor , after giving Lessee
seven days written notice of such breach, shall be entitled to
retake possession of said premises, remove Lessee' s equipment
therefrom and store the same for the account of Lessee without
liability for any damage or loss incurred by Lessee in connection
with such retaking of the premises.
11. The area leased to Lessee shall consist of tower space
and a 2 x 2 foot square foot area in the vault as agreed to by the
Communication Specialist of Lessor and Lessee.
DATED:
City of Redding, Lessor
By
Valley Industrial Communications,
DATED: �-� 5 -i
Inc. as Ag nt for Motorola, Inc .
L_ieeA-7. 7-,ee
-2-