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HomeMy WebLinkAboutPlacement of emergency communications equipment AGREEMENT FOR PLACEMENT OF EMERGENCY COMMUNICATIONS EQUIPMENT ON WATER TOWER THIS AGREEMENT, made and entered into on the date written below along with the signatures of the parties, between Watson Water Company, Inc. (hereinafter "Watson ") and the City of Jeffersonville, Indiana (hereinafter referred to as "City "); WHEREAS, the City has inquired of Watson whether Watson would permit the City to use the water tank (hereafter referred to as "Water Tank ") owned by Watson and located at 4713 Highway 62 E Apt:2 Jeffersonville IN, 47130, as a radio communication tower and, accordingly, to erect and /or place and maintain upon the Water Tank any and all equipment including, but not limited to, radio receivers, radio transmitters, radio repeaters, antennas and coaxes necessary to maintain a radio communication tower upon said Water Tank; WHEREAS, Watson wishes to enter into an Agreement with the City as follows: 1. Consideration. Watson, in exchange of the payment of ONE ($1.00) DOLLAR per year from City, and other good and valuable consideration the sufficiency of which is hereby acknowledged, agrees to allow City to erect and/or place and maintain upon Watson's Water Tank located at 4713 Highway 62 E Apt: 2 Jeffersonville IN, 47130 any and all equipment including, but not limited to, radio receivers, radio transmitters, radio repeaters, antennas and coaxes necessary to maintain a radio communication tower upon said Water Tank. 2. Term. The term of this agreement shall commence upon the date of execution by all parties and shall terminate on June 30, 2023. Unless the parties agree otherwise in writing, this agreement shall be automatically renewed thereafter for ten (10) year terms with each term expiring on the 30th day of June in the last year of each ten year period. 3. Premises. City, in conjunction with emergency communications services, may utilize space on the Water Tank as well as within the perimeter of and upon the base area of the Water Tank in order to install, erect and or maintain any and all equipment necessary in the operation of a radio communication tower. 4. Watson's Right of Inspection. City or its designated appointee shall be responsible for furnishing, installing and operating any and all equipment of any type related to the radio communication tower and shall be deemed the owner of said equipment. Watson shall retain the right to inspect the installation of said equipment and the right to determine where the equipment shall be located. 5. Termination. In the event that either party wishes to terminate or not renew this agreement, the party so desiring shall provide the other with written notification not less than sixty (60) days prior to the date of termination or expiration as the case may be. Upon the conclusion of this agreement City shall remove all equipment of any type related to the radio communication tower and shall surrender access to the Water Tank and adjoining property within the afore - mentioned sixty (60) day period unless the parties agree otherwise in writing. Page 1 of 5 Upon the conclusion of this agreement City shall also make reasonable repairs for any damage caused by the removal of any of its equipment and shall restore the premises to its original condition normal wear and tear excepted. 6. Theft/Property Damage. Watson shall not be responsible for any damages or losses caused by theft or otherwise incurred by the City, its employees, agents or appointees. 7. City's Right of Ingress/Egress. City and /or its agents and appointees shall have a right -of -way easement for purposes of ingress and egress to the water tower grounds and shall exercise care and consideration for the neighboring properties when utilizing said right -of -way. 8. Inter - Connecting Locks. City shall provide inter - connecting locks in order to secure the premises and shall maintain a written record of all persons who enter the premises along with . the times and dates that those persons were present thereon. 9. Access Notice Required. City and /or its agents and appointees shall have access upon prior notice to Watson to the premises during the term of this agreement for any and all purposes related to the operation and maintenance of a radio communication tower. In the event either party detects or discovers damage to any of the equipment located at the site said party shall take all reasonable steps to notify the other of said damage. 10. Electricity to Premises. City and /or its agents and appointees shall utilize the electrical supply currently existing on the premises. City may re- route, restructure, relocate remove, alter or disconnect any existing electrical equipment or service only upon the prior written consent of Watson. In the event that the City shall obtain written consent from Watson to make any of said changes to the existing electrical equipment, a representative of Watson shall be present at the time of any changes. City shall be solely responsible for any costs incurred in upgrading the electrical supply system in the event that such an upgrade is necessary in order to utilize the Water Tank as a radio communications tower (any upgrade shall become the sole property of Watson). During the term of this agreement Watson shall have the right to use the electrical supply system and any upgrades thereto so long as said use does not interfere with City's operation and maintenance of a radio communications tower. In the event of any known temporary electrical power disconnect by either party, both parties shall communicate the electrical interruption prior to the event. Watson shall continue to pay the electric bill on the premises. However, Watson shall retain the right to seek reimbursement from the city in the event that the current electric bill is significantly increased due to use by the City. 11. Housekeeping and Maintenance. Both parties shall exercise good housekeeping practices with respect to the Water Tank and the adjoining premises. Watson shall be responsible for routine maintenance of the Water Tank, the adjoining premises and the fencing thereon. 12. Radio Interference. City and/or its agents and appointees shall equip any and all of its transmitters with maximum radio frequency isolation so as to minimize the possibility of spurious radio frequency emissions. The parties agree and understand that City shall not, in any way, damage or interfere with Watson's current or future use of the Water Tank. Page 2 of 5 13. Damage to Water Tank. City and /or its agents and appointees shall use only non- corrosive, rust resistant hardware in the installation of its radio communication system on the water tower. It shall not use any materials that will cause corrosion, rust or deterioration of the Water Tank or any part of the Water Tank structure at any time during the term of this agreement. Any affixed equipment shall be attached by bolt or strap. There shall be no welding or drilling to any portion of the Water Tank or any part of the Water Tank structure including, but not limited to, the supports, crossbeams, rails or walkways thereof. City shall be solely responsible for the costs of any damages caused by it and /or its agents and appointees in violation of this clause. 14. Installation and Operation of Radio System. City shall be solely responsible for the installation, operation, inspection, security and maintenance of the radio communication as contemplated under this agreement. City shall maintain such system and all related equipment and any other accessories in satisfactory condition as to appearance and safety and in compliance with any and all Federal Communication Commission (hereinafter "FCC ") rules and regulations. Unless agreed otherwise in writing, City shall be responsible for all costs associated with the radio communication system including, but not limited to labor for the maintenance, service and /or repairs of the system and all parts and supplies related thereto. City shall be solely responsible for all maintenance logs for the system and for compliance with any and all other FCC rules and regulations. 15. Insurance on City Property. City shall be solely responsible for all insurance coverage, including liability coverage, related to the operation of the radio communications system by City and /or its agents and appointees. 16. Maintenance Obligations. City shall have the authority to determine all contractors, subcontractors or any other agent to install and maintain the radio communications system contemplated by this agreement. Watson shall have the sole authority to determine who will perform any maintenance or other needed work on the Water Tank, the adjoining premises and the fencing thereon. 17. Ownership of Radio System. The parties agree that City is the owner of the radio communication system and all other equipment associated with that system at all times and that City shall have the right and responsibility to remove that system and equipment at the conclusion of this agreement excluding any electrical upgrades. 18. City Obligation to Comply with Law. City shall use the Water Tank and adjoining premises solely for the purpose of installing, operating and maintaining the radio communications system contemplated by this agreement. City shall comply with all federal, state, county and/or municipal laws, ordinances, regulations, rules and orders including but not limited to those laws, ordinances, regulations, rules and orders related to the operation of radio communication systems. 19. Taxes. City shall be solely responsible for any and all taxes levied, if any, upon the radio communications system and any other equipment related thereto. Page 3 of 5 . 1 •„ 20. Insurance on Water Tank. Watson shall maintain property and liability insurance coverage on the Water Tank and the adjoining premises as well as workers' compensation insurance. Watson shall not be responsible for any damage inflicted upon the radio communications system or any other related equipment thereto as a result of natural, accidental or criminal occurrence nor shall Watson be responsible for any personal injuries suffered as a direct consequence of City's use of the Water Tank for a radio communications tower. City shall hold harmless and indemnify Watson for any damages related to City's use of the Water Tank as a radio communications tower. City, prior to directing its personnel to enter onto the Water Tank structure (including, but not limited to ladders, handrails, walkways and safety cables), shall inspect the structure to ensure that said personnel can safely utilize said structure for the purposes contemplated by this agreement. 21. Licenses /Permits. City shall be solely responsible for obtaining and/or providing any and all permits, licenses, notifications, demands, and requests as the case may be which may be required under any federal, state, county or municipal law, ordinance, regulation, rule or order. 22. No Assignments or Encumberances. City may not assign, mortgage or encumber this agreement in any form or fashion nor shall it sublet or otherwise permit any other party to use the Water Tank or adjoining premises. 23. No Signs. City shall not place any signs on the Water Tank or adjoining premises without the prior written consent of Watson. 24. Watson Not Required to Give Notice of Maintenance. Watson shall not be obligated to provide City with notice prior to entering the Water Tank premises to perform maintenance, repair or inspection work thereon. 25. No Toxic/Hazardous Substances. City shall not use the Water Tank or adjoining premises to store or dispose of any toxic or hazardous substance or material at any time pursuant to the terms defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, U.S.C. Sec. 9601 et seq., or any other federal, state or local law ( "hazardous substance:). Additionally, City has not knowingly permitted nor will it in the future knowingly permit any other entity to dispose of or store and hazardous substance or material in, on, under or about the Water Tank and the adjoining premises. City shall indemnify and hold harmless Watson for any loss, damage, cost or expense (including reasonable attorney's fees) in the event this provision is violated. 26. Radio Communication Tower Only. Pursuant to this agreement, City shall use the Water Tank and adjoining premises solely for a radio communication tower. Any additional use or uses must be approved by Watson through a separate, written agreement. 27. Severability. In the event that any part or provision of this agreement is found to be unlawful or invalid, the remaining provisions shall remain in full force and effect. Page 4 of 5 28. Applicable Law. This agreement shall be construed pursuant to the laws of the State of Indiana and jurisdiction of any dispute arising out of this agreement is vested in the Circuit Courts of Clark County, Indiana. 29. Indemnification. The City of Jeffersonville, Indiana shall hold harmless and indemnify the Watson Water Company, Inc., its agents, servants and employees as a result of any claim, demand, judgment, damage, loss and /or expense, including reasonable attorney's fees and court costs, made against the Watson Water Company, Inc. which may arise as a result of the use by City of Jeffersonville, Indiana, its agents, servants, employees, contractors or sub- contractors of the Water Tank and adjoining premises as a radio communication tower pursuant to the terms of this agreement. City of Jeffersonville, Indiana shall maintain liability and employee workers compensation insurance related to the activities contemplated by this agreement at all times and will require that any and all agents, servants contractors and subcontractors not covered by the City of Jeffersonville, Indiana policies will carry separate liability and employees workers compensation insurance at all times during which those agents, servants, contractors or sub - contractors are performing any service whatsoever upon the water tower and adjoining premises. 30. Headin ..s. The paragraph headings are included herein for the sake of convenience and shall not be c . idered to be a substantive part of this -re ment. 1, So execute by t - I arties: 44 . mill argre f 1 Mike Moor:, Mayor Author' ed Repesen ative City of Jeffe sonville, Indiana Watson Water 'Company, Inc. 7 - Date of execution Date of execution Page 5 of 5