CONTRACT 4053 Other4 0 5 , $-
a+ s
SITE RENTAL AGREEMENT
Radio Communication Associates ( "RCA ") hereinafter called Company, agrees to furnish the non-
exclusive use of the below described site to the undersigned Customer for the full term and amount stated
below, and in consideration thereof, Customer agrees to make the full number of payments at the number
and amounts stated below, commencing on the date Company makes the site available.
STATION DESCRIPTION: WQKG689
STATION LOCATION: TABLE MOUNTAIN
SUPPLIER: HENRY MATSON, RADIO COMMUNICATIONS ASSOCATION
Special Provisions
❑ This station will operate under a special use permit from the U.S. Forest Service and is subject to a permit
fee. The permit fee is subject to change by the U.S.F.S. and will be added to the contract amount.
El Other: Two repeaters programmed at channels 471.3375 MHz and 472.5375 at 12.5KHz
narrowband using 2 rack units of space
TERMS OF PAYMENT:
All payments will be in advance for the services at the rate stated below.
Tenn of Monthly Rate Quarterly Rate Security Deposit Electric Fee Rate for AdditionN�Equipment, IF Any
Agreement $100,00 $0.00 $10.00
24 months +$10.00 Electrical
Payments will be paid quarterly, due on the 1st day of each calendar quarter. Billing is to be prorated to
calendar quarters. In the event that Company elects to change its billing from quarterly to monthly, payments
will be due monthly in advance, due on the 1st day of each calendar month. Billing will then be prorated to
calendar months.
a) Number of Units: The number of units is determined by the number of transmitters and /or receiver units installed at the site. Unless otherwise
stated, this agreement allows for the installation of one transmitter /receiver (otherwise known as transceiver) unit. Written permission from Company must be
obtained prior to the installation of any additional transmitter /receiver units. Additional units will not automatically be allowed use of the site, nor will additional
units be guaranteed the same rate schedule.
b) Connection Fees: Upon execution of this agreement, Customer agrees to pay the connection fee stated above. The connection fee shall be a
one time non - refundable charge. Units added subsequent to the initial connection shall also incur a connection fee to be determined at the time customer
contacts Company to install additional equipment. (The connection fee is to provide for proper installation of the equipment and for proper protection from RF
interference.)
C) Security Deposit: The security deposit shall be non - refundable for the term of this agreement. Customer acknowledges that the security deposit
shall be received and held by Company as security for the continuing performance of Customer's obligations hereunder. In the event such deposit is utilized
by Company at its sole option and discretion, for application to satisfy any obligation of Customer there under, application of such security deposit to satisfy
such obligations shall not relieve Customer of its continuing obligations, hereunder, nor shall it be interpreted as a waiver of any rights or remedies of
Company. At the termination of this agreement, Company shall refund security deposit or any portion thereof not utilized by Company to meet obligations of
Customer. Company shall not be under any obligation to retain Customer's security deposit in an interest bearing or other special ear - marked account for
the benefit of Customer.
d) General Provisions: The undersigned certifies that he has read and understands &I of the terms and conditions on the t and back sides of
this agreement, and each party acknowledges receipt of a true copy hereof at the time of execution. All of the terns and cond' s n the reverse side
hereof are part of this agreement, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, MODIFICATIONS OR PERF E GUARANTEES
OTHER THAN THOSE EXPRESSLY STATED HEREIN. The parties g9gree that no subsequent mod' tion, warranty w sh come valid
until and unless it is reduced to writing and signed by Customer and'1C7dr►�pany. Any person executing t s reement on I C s er who is a
corporation specifically agrees to be personally, jointly and severally liable for the performance hereunder. APP F
COMPANY: RADIO COMMUNICATIONS ASSOCIATION
ADDRESS: Go Cheryl Taylor, 18818 Teller Avenue, #1301,' O�
CITY,STATE,ZIP Irvine, CA 92612 "Ill/
PHONE 949 - 863 -8142 FAX 949 - 863 -1846
BY DATE %
�% QQ (Signed)
BY ! / � x �" / ' /� /TITLE ✓%
(Printed)
This agreement is Made and Becomes Valid Only When Signed by an
Offirar of r.mmnanv
CITY OF EL SEOPqWTORNEY
",ZIP 348 Main Street
El Segundo, CA 90245
PHONE 310-524-22,50 FAX 949� -9 863 -1846 B DATE AV—
:e'.1 igned)
BY
Jack Waytt
TITLE City Manager
(Printed)
Email r'_'M0 -DU2,^ �?_ � S66 6t A/00- 02Cs
itions
e) Permits, anfco operation an eof Customers equipment at the site. Customer tagrees to Customers
ecure at his ownieixipense all licenses and Federal,
permitsState
required by awu r ordinance. .CCus�to Customer the
installation Si P
agrees and understands that changes in rules and policies by agencies or persons other than Company that affect the operation or use of Customer's equipment and of the site are n
the ermits prior to any se. In addtonfeCustomesreagreestt eprovide Ciompanynwcesaa op of its FCC licensegliicense application, U.S. ForesttSery will
ce penmtsland any other
,quired for Special Use Perm issuedeby the For st Seirvice Termination of the Special Use Permit will terminate this agreement unless the Spec alvUselPermit is canceled due to the negligence,
t nce,
illegal acts and/or failure to pay required fees or provide necessary paperwork to maintain the permit, in which case, Customer is in default of this agreement.
f) Liability: Customer agrees and warrants that he will defend, indemnify and hold harmless Company from any liability arising from or in connection with Customer's use of the site.
tem total or specifically
shutdown re s that Comp n any other cable or power
eyond the control om Cops lightning, Custo acts of mer err willl,upon hnotice appear and defend any or innocent actin brought against Company by
any party arising from or in connection with Customer's use of the site and Customer will pay all of Company's costs and legal fees in connection therewith. Company shall have no
liability to Customer or other parties for failure of the site to serve Customer's needs except insofar as a diminution of Customer's use charge for the site for the period during which
such failure to serve shall exist.
g) Radio and Telephone Channels: Customer understands that any radio channels or telephone channels used in connection with the site are of his own choosing and responsibility, to
although the use of such ch nnelsmCompa y does n t guarantee section
hat the dchannelsrwillebeoobta obtained olr continued, ued,toruthatnthe channels ic will be adequate to satisfy necessary tomr's
requirements. Furthermore, Customer understands that Company has no control or responsibility as to the charges levied for the channels or as to the number of other users sharing
channels with Customer or as to the amount of airtime available.
h) Coverage and Interference: Representations concerning the distance at which usable radio signals may be transmitted and received by the station or location thereof shall not be
binding upon Company unless reduced to writing and made part of this agreement. Customer is hereby notified that the station is subject to degradation of performance from, but not
limited a phenomena id n tiv os tCustomer's u
o thee same or otherrad o f equecies. S ch int rfe ence and noise be minimized by the addition of corrective device(at expense) suit ble for particular locations and
installations. Company will make recommendations to the use of such devices, however, complete freedom from noise and interference cannot be guaranteed and no one is authorized
to make, on behalf of Company any representations to the contrary. The Company is not responsible for interference due to the above or other causes.
1) Title: Customer shall have no right, title or interest in the site except for the non - exclusive use thereof as expressly set forth in this agreement.
j) Site Access: Access to site shall be limited only to Company, radio service companies, the Federal Communications Commission (FCC), Customer and other customers of
Company at the site. No other parties will be admitted to site without the express written permission of Company. Company will be the custodian of the key to the site.
k) Use: It is expressly agreed by Customer and Company that: (1) Customer shall as all times until the expiration of this agreement hold an FCC station license or the equipment. (2)
While using the site, Customer shall be responsible for its proper operation in compliance with FCC rules. (3) Customer hereby consents to the execution of agreements between
Company ts to d Company anti the stated amount has no (5) Customer over the
represents amount he has a that dently ascertained ned thatt he staff of is adequate and properrfor Customer's in endedtuse and
hasentered into tis greement based solely upon said independent investigation, and not by any representation by Company. (6) Customer may not permit anyone other Customer
and its employees to use or enter the site. (7) Customer may not sublease the site. Any violation of the foregoing terms shall constitute a material breach by Customer, and a default of
this agreement.
I) Installation and Maintenance: Customer shall at his own expense install and maintain Customer's equipment. Installation shall be performed in a neat and workmanlike manner
and shall conform in all respects to the fire, safety and construction standards applicable to such installations and equipment. Customer shall install said equipment, oantennas with and
coaxial lines in the specific location and manner specified by Company. Further, it shall not interfere with the use of the site, improvements, and surrounding r or with the
operation of radios or other equipment.
m) Equipment Modifications: In the event of fire, theft, acts of God, building construction, interference with existing and /or future customers, or any other reason that facilitates good
building management, Customer is hereby notified that he is responsible to relocate equipment, antennas and coaxial lines and/or install interference filtering equipment upon notice.
These modifications will be performed within 30 days of notice and will be performed at Customer's expense. Company cannot guarantee that such modifications will not degrade the
system performance. Company shall not be liable or Customers loss of use of the site, personnel, radio equipment or consequential damages as a result of such modifications.
n) Transfer: In the event that any State, local or Federal governmental agency causes the site to become unavailable, Company shall have the option to make another similar site
available, and such modification of site shall not affect the obligation of Customer.
o) Termination: In the event of termination of this agreement, Customer agrees to remove its equipment, antennas and coaxial lines. Failure to do so will obligate Customer to
continue payments as stated on the reverse side herein until Customer removes all its equipment, antennas and coaxial lines or forfeits the remaining equipment to Company, fee of
all liens and encumbrances. Furthermore, Company shall have the right to remove said equipment, antennas and coaxial lines at Customer's expense and place in storage at
Customer's expense and/or place a lien on said equipment for any monies due. Should company be unable to provide site space to another customer as a result of Customer's failure
to vacate site, Customer shall be liable to company or Company's loss of profit as a result of Customer's failure to vacate site.
p) Default: If Customer refuses to allow Company to perform or through any act causes Company to be unable to perform or in the event that any payment remains unpaid for a period
of 10 days after becoming due, or in the event that Customer is delinquent in any payments to RCA or any other company that is associated with Company, or if Customer makes an
assignment for the benefit of creditors, becomes insolvent or becomes involuntarily or voluntarily bankrupt, or otherwise in default or in violation of any term or provision of this
agreement, and fails to correct such default within five (5) days of written notice by Company, Company may declare the entire unpaid balance immediately due and payable with
interest thereon fa the maximum legal rate. i the event that Customer is to default of any term or condition therein, Company may within five days after mailing notice thereof,
discontinue Customers access to the site, disconnect electrical power and otherwise prevent its use until Customer cures the default, reimburses Company for its costs c collection,
and pays Company a re connection charge. In the event that payment remains unpaid for a period of 45 days after becoming due, Company may disconnect Customer's access to the
site without notice. Such disconnection shall not cause a reduction in the amounts due under this agreement. In the event suit is brought to enforce any of the terms or provisions
hereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs.
q) Late Charges: In the event any payment due hereunder shall remain unpaid for a period of ten days or more after the due date of such payment, Company shalt be entitled to late
hereunder
charges in an amount equivalent to 2 percent per month or each and every month or portion thereof that such payment remains unpaid.
r) Notice Provision: Customer promises to notify Company in writing of each and every failure on the part of Company or site by certified mail, return receipt requested, not later than
48 hours after the occurrence of such failure. Customer also agrees to inform Company of all charges of address, telephone, ownership, contact personnel, location of base station, or
company structure within 10 days after said change.
s) Assignment: Should Customer be unable to make further use of the site and shall actually cease making use thereof, as a result of such inability, Customer shall be entitled to
assign his rights and obligations hereunder with the expires written permission of Company, provided, however, that the assignee shall be subject to the acceptance of Company,
which acceptance Company will not unreasonably withhold. Upon assumption of the rights and obligations hereunder by said assignee, Customer and the persons signing this
agreement on behalf of Customer shall remain liable for the assignee's performance hereunder. Company reserves the right to a ssign its rights and obligations hereunder.
t) Paragraph Headings: The headings of the paragraphs herein are contained for reference and convenience only and should not be interpreted in connection with the actual
provisions hereof.
u) Additional he Charges: Company will ender additional billings for the following reasons: (1) License preparation for renewals, modifications, assignments, additions and deletions. (2)
Investigation and /or repairing communications problems that are not created by a defect in the Company's site including but not limited to co -user interference, channel crowding and
failures of Customer's equipment. (3) The FCC, the U.S. Forest Service, any public utility, any frequency coordinator or any other agency requires any fees and/or deposits in
connection with the use of the site. Customer agrees to pay all the above fees and /or deposits upon notice.
v) Rate Adjustments: The rates in this agreement may be adjusted once each year due to cost increases beyond the control of Company. Should this occur, Company must give
Customer 60 days written notice of its intention to adjust said rates. This agreement may also be adjusted once each year to compensate for corresponding increases in the consumer
price index without notice to Customer.
w) Term: This agreement shall be in effect or a period specified on the reverse side hereof and will be extended for additional yearly periods unless either party shall give written
notice by certified mail (return receipt requested) to the other party of their intention not to extend the term of this agreement as least 60 days prior to the expiration of the initial term of
this agreement or any extension thereof.
x) Misc. Provisions: Time is of the essence in this agreement. The waiver of any term, provision or default shall not constitute the waiver of any other term, provision or default. This
contract is made and is to be performed at the corporate offices of Company at Paramount, Ca. This contract shall be governed by the laws of the State of California. If any part of this
agreement shall be adjudged contrary to law, the remaining provisions hereof shall remain in full orce and effect. The masculine gender as used herein shall include the feminine and
.,e„re,