HomeMy WebLinkAboutContract 18938 CITY SECRETA Y
BERGH IV
LEASE AGREEMENT
)( THE STATE OF TEXAS )(
)( COUNTY OF TARRANT )(
1
I1 - one lderat lol-I Of the
ri
CITY OF FORT WORTH herein referred t0 a= -_ - =E� " - nd X77 G�7' TV .
P . 0 . ho 181.1 Arlington . Tt_ rau 7h - a,s
004 , her i n r_-fer ec c
"LESSOR " . the parties mutually &g)-ee as follow" :
LESSOR hereby grants Permission to LESSEE to install ,
maintain , and operate communication equipments in accordance with
terms and conditions in LESSOR 's proposal dated November 21 , 1,991
on LESSOR 'S tower and building located at 1450 WESTPARK
WAY , EULESS TEXAS ( Latitude : 32 de.q . 48 min 55 sec North )
( Longitude 97 deg 07 min 20 sec l,.lest ) ( the " leased premises" ) .
*The exact location on the tower will be det<armiried by LESSOR . so
as to i nterf?rence with c:uy' � ._ _ j-!ht ing Fgi_' if^-,i?1�nt Or
ot.heY" e:T-lipment on the tow,
L'c`;a=I(.?1 a t _ :o --f=rl°± rl_Ir- t
according tr, mlan approl,ed k;v Le:7—ee _;ri tl"ll(7 t 0 +A1
O��tAt RECORD
i1 ina �,1i11 !>e com�lerFd h� t,� e ;_,r�� 1 _ 1�' r �
Y -SECRETARY ,
obligations under this lease .3t c- t ili-ient uDon sua '
IT. WORTH, TEX.
completion . If the building is not completed by June 1 , 192 ,
Lessee may terminate this lease or may extend the period for
completion of the building .
a . All equipment must be identified with owner 's n ,ne . call
letters , and transmit /receive freciuenci,ys .
b . The Coax ( rigid ) ( f1_exlb' e ) ±ra,.n^m. = = ion line bet.:rer the
antenna and communication equipments to be mounted and installed
using hanger kits at spacing recommended by the cable
manufacturer .
LESSEE will provide antenna( s ) and all other materia:ll s )
necessary for installing same ; including installation cost at
LESSEE ex: ense and IAW the terms of this agreement .
c . Transmission line will be installed with grounding kits , both
top and bottom of line length .
d . Each component of LESSEE 'S equipment will be oroperly
grounded .
e . Filterinc, and/or i solatoi-s U.,ill be recjuired at tine ,-,f
LESSEE 'S equipment inst,_ 11�.+ ion , rn.- ke anC' model. to !_�e
pre-approved by LESSOR .
It is understood and agreed that LESSEE 'S equipment , it
installation , maintenance , and operatior! wi11 in no wav damage
the building or tower structure or interfere with the maintenance
of the LESSOR 'S tower and tower lighting s,/stem .
6MO"Mi RECORD
LE�,SEE will be responsible for G�rov 1d i ng i if- -11-1ACRF�TWYi lg
damage to LEA'_-OR 'S oropert . due t ;- thy_ al l n
w Wn �ifl�
,
or operation of LESSEE 's equipment .
4
LESSEE agree: to install communication equipment of a type
and frequency which will not cause interference to current
LESSEE 'S of the tower and does hereby agree to make no change in
equipment or frequency without. Prior approval of the 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 n iminat&d within a
reasonable length of time , the LES T` ages= to comolo with 012
requirements of the Federal Communication Commission .
The permission previously granted to mount I_cETEE '= rr:7'D'(:sed
communication equipment on LESSOR 'S tower er i ncl!.,1;"e the right of
24 hour access to the towe=r for persons authorized by LESSEE , for
the purpose of repairing and maintaining LESSEE 'S communication
equipment . LESSEE will provide LESSOR with names of said
authorized personnel . LESSOR shall not grant access to the!
building in which LESSEE 'S equipment is installed to any person
not specifically authorized by the LESSEE .
RECORD
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All installation and ooer,ation in con��_c+ inn with it �ii� ��,�� rANY
LE EE shall � ` . _ v 4.
_
the Federal Communication Commission . Federal
Aviation At_!thnritv' ,
and electrical coHes of thF cifv or _ nun+ v an - t tr - •fin - !
l_1r1;er this lease . the L` SSOD assumes no PsoonsiL _ + .
licensing , operation , and/or maintenance of LESSEE 'S radio
equipment . The LESSOR shall be responsible to comply with all
Federal Communication Commission and Federal aviation Authority
rules in regards to tower maintenance , including Proper painting
and lighting , and any fines levied on LESSEE for non-comoliance
shall be the resoonsibi1 its- cf the LESSOR . Ary r,c' -_11 sw h
fines paid by the LESSEE shall he dod.!cted from subsecuent
monthly lease payments .
It is .agreed by and between the parties that LESSOR is not an
insurer , that the payments of rental by the LESSEE as herein
provided are based solely on the value of services and facilities
provided in this lease agreement It is further agreed that
LESSOR shall not be liable to LESSEE for damages caused bv act-.
of God , by acts of otter pe; sons leasing ower space from LESSOR,
or by acts of any other person or things which are beyond the
control of LESSOR . LESSOR shall exercise duo eilinence
to restore service and facilities regardless of the nature of
such cause . if , for any reason ( except a. addressed in car a . 13
pg . 5 ) whatsoever , LESSEE 'S use of the tower is i nt rr -urt e,
LESSEE 'S sole reimedv shall be fly- st-_empnt of the vent for t hE
Period during which service is interrumted, To the eyte t
allowed by law . LESSEE agrees to indemnify and hole LESSOR
harmless from and against any and all claims for damage of an /
nature , including consequential damages , that may :a-per
result of such interruption to services . vFGAETARY
j FT. Vol'OR i H, TEX
To the extent allowed by law , LESSEE does hereby indemnify anj
agree to hold LESSOR harmless and assumes all liability from any
claim Which may arise during the life of this ao-re-ement against
LESSOR by reason of any action or occurrence attributable to the
installation , operation , maintenance , or removal of LESSEE 'S
equipment .
LESSEE may not assign this lease without Drior wi-Itter, aDDrc,,,Ial
of LESSOR _ a-D.P-- -val to SEE
a n H
LESSEE 'S .assignee must -,,ot i f v i rl kir + I t Ali n t-n 1c)
days of --aie crant that c.ssianee Ek_11 a, 11
j
items described in this -1 -a-Se anc; to
all benefits of this Ilease, c)+- ,I-=I-w L-�E
to adhers- to the +-e.,-ms cf
no E�a�E z,�%-i rn ha,--, e v e-I-
Bs�
occurred
LESSEE is to make arrangements for installation of any telephone
lines and electric utility ser,,.,ice equipment. which may be
necessary for operation of LE'SEE '-
-ommu ni ca t i o n equipments .
Changes for utilities will be bi21c-d directly t -I LESSEE .
1 :- -��tr�i�3i �.
The I n Term c,f t h i s
TT.
successive terms of five ( 5 ) veal-s c h . "Renewal Term "
to rental amount increases as des,-Iri�),� ' it 1-1 1:, of F
t
ease Lessee �oilj have access to the buildina leased hereunder
as of June 1 . 19921 and will oay rent for the building as stated
in Sec . 12 of this lease . It is acknowledged by Lessor that
funds for Payment of the lease are appropriated by Lessee
annually , for fiscal year p-i-rinds ',eqinning October 1 and Ending
SePtember 30 of each year . if -funds are not apProoriated by the
Fort Worth City Council, to pay the lease amount bevoncl
199'- - 01- for any SUbSeQUent fiscal year Period du,.-ing the
Init 'Lal. Term or any Rene=wal TeT-Di of this lease_, then Lessee u..av
te.r.ri,i_ihate this je..asc_ oj-, the last day of the \..,ea- which
appropriated funds are a .. ailable for lease payments .
n1v;_ LeSscr thirtv ( 30 d=y� rotice of n ,,--
funds .
12
LESSEE acirees to Pay as monthly rental the amount of
Two ThOUSand , Five Hundred Ninety-two an;:.! 08/100 ( $2 ,592 .08 ) for
each month during the Initial Term of this Lease . The monthly
rental rate to be paid cjui- inq any Renewal Term shall be adjusted
the �arrle L-el-Ce-nt,39e inrl-eEse thz,t of the Consumer pr ice
Index for 1[ h 12 month ,Derior! Frlor- to the fi• st d,_:i,✓ (-)-f 8n,-
Renewal Ter m , C[FICIAL RECORD
:,11',TY "SEICRETARY
FT. WORTH, TEL
LE-S EE may, not move arty rrauirr- rit f, nm th-, local
the tower tc) another Ir-catinn on the tower wjthjnut pi- jol- written
aDoro`,;'al of the LESSOR . LES=.EE ' = movement of anv e.Qu ion :ent.
�-,ji t hoot LESSOR 'S +
_ �:�.�ro`,�,1 rra�� =:_itonia _ icj: ply fermi n.: is 1e.-a.^rr:
at the sole discretion of the LESSOR . LESSOR agrees not to move
or allow others to move anv equipment owned by the LESSEE without
L-Britten agreement of the LAS'=EE .
14
In case of default in any of the covenants herein . LESSOR may
enforce the performance of thi s• i:�<•se i n anv rno:?e pro,,!id -d by
law ; provided , however . that LESSOR agrees that it f�i1 ` nc,t
terminate electric utility s,_rvi(:—e to the ec�uicment r:or
LESSEE 'S ecu l omen t from t h Via`^
fnrf;- ite-d at LESSOR 'S -
�_:15� __± ��-;n _ + _,ir°�-1 r{cT�= ' .' ` rent ~,iI;-
beriod of thirty ( ^0 ) aav-: 1f' _°r r
su_:h default and its intent-_on to c{ecla r th- ? -E fco f i+ c!
suC"h notice to be sent b t he L egister , ! C?T" cert if ied
mail : and thereupon ( unless the LESSEE --;hall have completely
removed or cured said default ) , this lease shall cease and come
to an end as if that were the day originally fixed herein for the
expiration of the term hereof . Should l_ES.SOR be foT-c:ed tc,
collect said rentals or damage throucdt lt" at+orncy cr b
T of {'i�'r
legal oi-ocedures . LESSOR shall Pptit1 ti-, it �'ea�=c�l-i<"+�_�1_ e coj '
(,nd attorney fees thereby inc err.-d zmd =,warded h,- n c.4,u T- 1, .
i
11 f t. tgm TeX.
LESSOR agrees that if the tower and bu i l rl i nc :L n
.
'
^
agreement are sold , a condition of the sale will be that the naw
owner will honor, the terms and conditions of this agreement .
LESSEE7 CITY OF FORT WORTH LESSOR : 8ERGH IV
1000 THROCKMORTON
P.O. 80X 1911
FORT WORTH, TX 76IO2 ARLINGTON, TX 76004
Lease Contract Dated
B>' By
Title � »
� Title -
OFFICIAL RECORD
CiTy
H SECRETARY
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ATTEST:
?'t4��q ,P.c-Ls�
cti ng—C y ecretary oft the
City of Fort Worth, Texas
1- 3 fit'
on rac . Authorization
Date
RECORD
CITY SIUXTARY E
r T. WHIN, TEX.
City of Fort Wort Texas ,iZ ,c-7A_ ,
Mayor and Cbl 'l Communication
DATE REFERENCE NUMBER LOG NAME PAGE
01/14/92 C-13208 04TOWER 1 of 2
SUBJECT LEASE AGREEMENTS FOR SITE AND TOWER FACILITIES FOR NEW INTERDEPARTMENTAL
COMMUNICATION SYSTEM
RECOMMENDATION:
It is recommended that City Council authorize the City Manager to:
1. Execute a one-time site preparation agreement with Burnett Plaza Associates for
an amount of $25,000.00, and
2. Execute a five-year lease agreement with Burnett Plaza_Atsnc;ates__for an amount
not to exceed $132,000.00 for each of the first two years and increased by the CPI
for each year thereafter, and
3. Execute a five-year lease agreement with Bergh IV Tower for an amount not to
exceed $31,104.96 per year.
DISCUSSION:
Design studies for the trunked communications system revealed that three equipment
sites could provide the required radio coverage if sufficient antenna height could be
obtained. One site owned by the City of Fort Worth, located at the Rolling Hills Water
Treatment Plant, will be used. Two additional sites have been selected at locations
developed as communications sites that satisfy the requirements of the plan. The NCNB
building on Burnett Plaza in Fort Worth owned by Burnett Plaza Associates, is the only
building in the Downtown area that has sufficient floor space available and height to
be considered as an acceptable site. The Bergh IV communications site located in
Euless is the third selected location. Long term lease agreements have been negotiated
with the owner of each of these two sites, which will include funding-out clauses, in
case funds are not appropriated for loan payments in future years.
The lease costs of the two sites have been compared with cost of similar facilities in
Houston, TX, and Atlanta, GA. Houston costs are nearly forty percent greater and
Atlanta costs are approximately the same as the proposed sites.
SIT Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER FEM NAME PAGE 01/14/92 C-13208 04TOWER 2 of 2
SUBJECT LEASE AGREEMENTS FOR SITE AND TOWER FACILITIES FOR NEW INTERDEPARTMENTAL
COMMUNICATION SYSTEM
PROJECT COST:
Annual Payment
First Year Subsequent Years*
(A) Burnett Plaza Associates
Site Preparation (one time) $ 25,000.00
Annual Payment $132,000.00
(B) BERGH IV TOWER
Annual Payment $ 31, 104.96 $188, 104.96 $163,104.96
(C) ANNUAL SAVINGS OF CURRENT LEASE COSTS
Telephone Lines of Existing Systems ($129,754.00)
WBAP Tower ($ 9,000.00)
Bergh IV Tower ($ 4,800.00)
AT & SF Site ($ 5,700.00)
Russ Miller Communications ($ 23,767.00) ($173,021.00)($173,021.00)
Net Cost (Savings) $ 15,083.96 ($ 9,916.04)
*Adjusted for CPI after year two (2) .
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the funds required during 1991-92 for
this expenditure are available in the current operating budget of the Communication
Fund. No funds were budgeted for this purpose; however, savings from decreased lease
line costs have been realized and will be used for this expenditure. The first payment
for the five year lease agreement with Burnett Plaza Associates and Bergh IV Tower are
not due until FY 92-93. Funds for this expenditure will be included in the
Communication Fund' s budget for FY 92-93.
CB:z
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: to
APPROVED BY
Charles Boswell 8500 CITY COUNCIL
Originating Department Head:
J. Marshall 8453 from JAN 14 1y92
1 PI68 535090 0046002 25,000.0
For Additional Information ' '/
Contact:
City �,C:wa-rj of the
J. Marshall 8453 -urt Nor ki, iexo>.
0 Printed on recycled paper