Loading...
HomeMy WebLinkAboutMINUTES - 03122002 - C60 TO: BOARD OF SUPERVISORS '. CONTRA FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA DATE: MARCH 12,`2002 COUNTY' . li SUBJECT: LICENSE AGREEMENT WITH CUNA MUTUAL LIFE INSURANCE COMPANY FOR COUNTY PLACEMENT OF 'TELECOMMUNICATIONS EQUIPMENT ON ROOF OF PREMISES LOCATED AT 2120 DIAMOND BLVD., CONCORD FOR USE BY THE HEALTH SERVICES DEPARTMENT ENVIRONMENTAL'HEALTH DIVISION (BLDG T00542) RECOMMENDATI N 1. APPROVE the License Agreement with CUNA Mutual Life Insurance Company for County placement of telecommunications equipment on the roof of the premises located at 2120 Diamond Blvd., Concord. 2. AUTHORIZE the Director of General Services to execute the License on behalf of the County. FINANCIAL IMPACT The<Lessor has waived payment of monthly fees for this License. The County is responsible for all installation, maintenance, and repair .costs:of the equipment. It is estimated that the cast for the equipment and installation: will not exceed $5,000.00, which is budgeted within the Department's approved 'budget for this fiscal year. BACKGROUND The County has leased approximately 9,884 square feet of office space on the second floor of:2120 Diamond Blvd., Concord for occupancy by the Health Services Department-Environmental Health Division since September 1, 1997. The lease term ends on December 31, 2006. Installation of telecommunications equipment on the roof of the building is required to link the Environmental Health Division into the County's Emergency Response Network. If Environmental Health vacates the premises when the lease term ends, the communications equipment can be removed and relocated`' to Environmental Health's new location. CONTINUED ED ON ATTACHMENT: YES SIGNATURE: �&�Oof ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE __f—APPROVE OTHER SIGNATURE(S): ACTION OF BOA -J APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT 1�7", l AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:BARTON J GILBERT(313-7100) Originating Dept.:General Services Department cc: General Services Department I HEREBY CERTIFY THAT THIS ISA TRUE Lease Mans ement Division AND CORRECT COPY OF AN ACTION TAKEN 9 AND ENTERED ON THE MINUTES OF THE BOARD Risk Management(via LIM) OF SUPERVISORS ON THE DATE SHOWN. Health Services Department(via UM) 11�. Lessor(via VM) ATTESTED ' t„s" c.Y tv jk— JOHN SWEETEN,CLERK OFTHEBOARD OF SUPERVISORS ND COUNTY ADMINISTRATOR DMiNISTRATOR BY Rs "E DEPUTY'' 1:\LeaseMgt\CAROL\envifanmentaihealthlicense.doc Page 1 of 1 M382(10}88) LICENSE AGREEMENT MADE THIS'DAY March 12, 2002 BETWEEN CUNA MUTUAL LIFE INSURANCE COMPANY AS LICENSOR AND THE COUNTY OF CONTRA COSTA AS LICENSEE IN 2120 DIAMOND BOULEVARD CONCORD, CALIFORNIA TABLE OF CONTENTS Description Basic Lease Provisions Page Article I. Term and Possession 1 Article II. Rent 1 Article III. Size and Placement 1 Article IV. Utilities and Services 1 Article V. Business Interruption l Article VI. Approvals and Permits 1 Article VII. Radio Interference 1 Article VIII. Combining Network 2 Article IX: Personal Property Taxes 2 Article X. Right of Access 2 Article XI'. Endangerment 2 Article XII. Indemnity of Liens 2 Article XIII. Indemnity of Liability 2 Article XIV. Insurance 2 Article XV. Loading Study 3 Article XVI. Waiver of+Claims 3 Article XVII Nonexclusive Right 3 Article XVIII. Termination 3 Article M. Notices 3 Article XX. Defaults 3 Article XXI. Equipment 4 Article XXII. Successors and Assigns 4 Article XXIII, Supersede to Other Agreements 4 Article XXIV Strict Performance 4 Article XXV. Relationship of Parties 4 Exhibit A. Licensee Facility Exhibit B. Rules and Regulations LICENSE AGREEMENT This License agreement made as of the12thday of March,.2002 (this "Agreement"), by and between CUNA Mutual Life Insurance Company, an Iowa corporation (hereinafter called "Licenser"), and the County of Contra Costa, a political subdivision of the State of California,(hereinafter called"Licensee"). WITNESSETH: 1. Term and Possession Licensor, for and in consideration of the covenants and agreements made by Licensee herein contained, doeshereby grant unto the Licensee a nonexclusive license ("License") to utilize,space in the building at 2120 Diamond Boulevard, Concord, CA (hereinafter called the "Building") for the purpose of installing equipment for radio telecommunication activities described in Exhibit "A" attached hereto and made a part hereof(the "Licensee Facility")to be attached to the roof of the Building for a month to month term commencing'April 1, 2002 and ending upon termination. Licensee agrees to abide by the Building Rules and Regulations attached hereto and made a part hereof as Exhibit"B I1. Rent-'Monthly fee is waived.. 111. Size and Placement- The size, location and placement as well as the manner and method of installation and removal of the Licensee Facility and related equipment shall be subject to the prior written approval of Licensor. Licensee shall pay all costs of installation of the equipment and the Licensee Facility. If Licensor elects to hire structural,mechanical, roofing and/or other engineers or consultants to review such plans and specifications, Licensee shall reimburse Licensor for the reasonable costs thereof, whether or not Licensor grants such approval. Licensee shall also be responsible for all maintenance, repair and renovation of the equipment and the Licensee Facility. IV. Utilities and Services- Utility fee is waived. V. Business Interruption - The Licensor shall incur no liability to the Licensee for failure to furnish space and/or electrical power, as provided herein, or the rendition of any services, if prevented by war, fires, strikes or outer labor troubles, accidents, acts of Cod, or other' causes'beyond its control. Under no circumstances shall Licensor be liable for any financial loss due to business interruption caused by such aforementioned circumstances. Vl. Approvals and Permits Prior to the installation of said Licensee Facility and related equipment, Licensee shall secure and shall at all times thereafter maintain all required approvals and permits of the Federal Communications Commission and all other governmental bodies having jurisdiction over its business, including its communications, operations and facilities. Licensee shall at all times comply with all laws and ordinances and all rules and regulations, of municipal, state' and federal governmental' authorities relating to the installation, maintenance, height, location, use, operation, and removal of said Licensee Facility and related equipment and shall fully indemnify Licensor against any loss, cost,.or expense which may be sustained or incurred by it as a result of the installation, maintenance, operation, or removal of said Licensee Facility. Licensor makes no representation that applicable laws, ordinances or regulations permit the installation or operation of Licensee Facility on the subject real estate. VII. Radio Interference - Licensee shall not interfere with the operations of the Licensor, its licensees or neighbors. Upon notice, Licensee shall, at its expense, take all actions necessary to eliminate such interference and shall immediately cease operations if requested by Licensor until the interference is eliminated. If Licensee does not immediately cease any interfering operation,Licensor shall have the right, in addition to any other rights that it may have, to enjoin such interference or to terminate this Agreement, The Licensor may,at its option, require the Licensee to supply radio frequency interference (RFI) limiting equipment for installation-,at the Building. Such equipment shall remain the Building of Licensor: G:\LeameMgt\CBEAK\_Lease Files\Concord\2120 Diacrsonffelecommunication li ise agrmt Apr Commence.doc l 03/27/02 VIII. Combining Network - The Licensor may, at any time, require the Licensee, where technically feasible,to remove its individual. Licensee Facility and transmission line and utilize-a radio frequency ("RF„) combining network with a common transmission line and LicenseeFacility. The Licensee shall be required to provide an appropriate RF combining filter for use on this network. The combining network shall remain the Building of the Licensor at the termination of this Agreement.' IX Personal':Property Taxes - Licensee shall pay that portion, if any, of the personal building taxes attributable to Licensee Facilities. Licensee shall pay as additional rent any increase in real estate taxes levied against the Building, which increased taxes are attributable to the Licensee's use and occupancy. Payment shall be made by Licensee within 34 days after presentation of receipted tax bills. X. Right of Access - Licensor hereby grants unto Licensee the right, to be exercised as herein set forth, to enter upon the roof of the Building for the sole purpose of gaining access to the Licensee's installation.In addition thereto,Licensor grants unto Licensee the right,to be exercised as herein set forth,to install such equipment,conduits, cables and materials(hereinafter called "the connecting equipment") in shafts, ducts, conduits, chases, utility closets and other facilities of the Building; as designated by Licensor as is reasonably necessary to connect Licensee's Licensee Facility to Licensee's other machinery and equipment in other parts of the Building, subject to the requirements of any permits and the codes, regulations and rules of any governmental body, agency or authority. Licensor further grants to Licensee the right of access to the areas where such connecting equipment is located for the purposes of nmaintaining, repairing, testing and replacing the connecting equipment. Notwithstanding the foregoing; Licensee shall notify'Licensor each time Licensee requires such access, and provided further that such access and installations are approved by Licensor, which approval shall not be unreasonably withheld, and do not cause damage to or interfere with the operation or maintenance of any part of the Building or� with any other tenant's operation. X.I. Endangerment Anything herein to the contrary notwithstanding, Licensee shall notify' Licensor each tune Licensee desires to enter upon the roof of the Building or the areas outside Licensee's Premises where Licensee's related equipment is located, and Licensee shall enter upon the roof only:at such times, in such manner and under such circumstances as shall not cause damage or endangerment of life or limb. XII. Indemnity of Liens Licensee, at its expense, shall be solely responsible for and shall maintain its Licensee Facility and related'equipment in a safe,structural, sound, clean and sightly condition and shall indemnify and save harmless Licensor against' all liens and claims of mechanics and materialmen furnishing labor and materials in the construction and maintenance of same. Licensee shall promptly reimburse Licensor for the costs of repairs of any damage to the Building directly or indirectly caused by Licensee's installations or the operations,maintenance or removal thereof. XIII. Indemnity of Liability - Licensee'agrees' to defend, indemnify and save harmless Licensor from all liability, including attorneys''fees, costs and expenses incurred, for injury to or death of any persons and loss of or damage to any 'property arising from the Licensee's installation, removal, maintenance, operation or use of the equipment in, from or upon Licensor's building, including the roof, unless such liability is due:to thegross negligence of Licensor, its employees, agents or invitees. In no event will Licensor be liable to Licensee or its customers for any indirect, special, incidental or consequential damages, including loss of profits,income or business opportunities. XIV. Insurance - Licensee 'shall provide Commercial 'General Liability Insurance on an occurrence policy form covering Licensee's use of Licensor's building against claims for bodily injury or death and property damage occurring upon, in or about the Building, such insurance to insure both Licensor and Licensee and to afford protection to the limit of not less than$1,000,000 each occurrence in respect to injuries,death or property damage. to any number of persons arising out of any one occurrence. Such insurance shall name Licensor as additional G'\LeaseMgt\CBEAR\ Lease Files\Concord\2120'Dlamoriffelecommunication license agrrat Apr Co€ mence.doe 2 03/27/02 ¢ insured.and shall provide that it is primary insurance. This insurance coverage shall extend to any liability of Licensee arising out of the indemnities provided for in Section XIII. ; Licensor acknowledges that Licensee shall be allowed to satisfy the insurance requirements stated herein through self-insurance and, upon request from Licensor, Licensee will provide a letter of self-insurance covering the'insurance requirements herein for the term of this License.' XV. Loading Study - Prior to attaching any Licensee Facility or other equipment to the Tower, Licensee shall provide to Licensor'a tower loading study performed and certified by an independent licensed professional engineer, which study and results shall be acceptable to Licensor, in its reasonable judgment, in every particular. XVI. Waiver of Claims -Licensee hereby waives and releases all claims,against'Licensor, its officers, directors, agents, employees and servants, and agrees that they shall not be liable for injury to person or damage to property sustained by Licensee or by an,occupant of the Building or any other person occurring in or about the Building`resulting directly or indirectly from this Agreement; except for the grass negligence or omission by licensor,its officers, directors,agents and employees., XVII. Nonexclusive Right- The License hereby granted to Licensee shall not be deemed to give to Licensee the exclusive right to use the roof or tower of the Building and shall not preclude Licensor from granting a license or licenses to others. The rights of Licensee hereunder' shall be exercised without causing interference with the activities being carried on byotherlicensees in accordance with their respective licenses. Licensee shall not change or materially alter the Licensee Facility or related equipment agreed to herein without the prior written'consent of Licensor. XVIII. Termination-If any lease made by Licensee for any space in the Building shall be terminated or terminable after the malting of this License, because of any default by Licensee wilder such lease, such fact shall empower Licensor,at Licensor's sole option,to terminate this License by notice to Licensee. XIX: Notices-No notice:or demand related to or required by this Agreement shall be effective unless same is in writing and is either delivered personally to the party for whom intended, or sent by United States registered or certified mail return receipt requested, if to Licensee, at its office in the Building, and to Licensee at Contra Costa County Lease Management Division, 1220 Morello Avenue, Suite 100, Martinez, CA 94553, and if to Licensor, Mason McDuffie Financial Corporation, 2030 Franklin Street Suite 400, Oakland, CA 94612, provided that either party may, by notice to the other, from time to time designate another address in the United States of America to which notices mailed more than ten(10)days thereafter shall be addressed; Notices mailed as aforesaid shall be effectively given as of the date of mailing. XX. Defaults - Licensor shall have the right'to terminate this License upon written notice to Licensee, in the event that: (a) Licensee shall default in the performance of any of the obligations imposed upon it hereunder and shall'not, after being notified by Licensor of the existence of such default, immediately take all reasonable steps to cure the same; or (b) it shall be determined that such installation or use materially interferes with the operation of machinery and apparatus of the Building, such as the elevators; or (c) it is found by public authority having jurisdiction:over the Building that such installation and use constitute a nuisance or hazardto the public or to the occupants of the Building; or(d)the use of such Licensee Facility interferes with the use of any tenant's equipment or data-processing machines in the Building; or (e) Licensee's lease of space in the Building shall expire or be terminated. Licensor and Licensee shall each have the right to terminate this Agreement without cause upon written notice to each other with thirty(30) days prior written notice. G:\LeaseMgt\CBEARk—Lease Files\Concord\2220 DianionMeiecommunication license agrmt Apr Commence.doc 3 03/27/02 XXI. Equipment-At the termination of this Agreement by lapse of time or otherwise,the Licensee Facility and the related equipment installed under the terms of this .Agreement shall be removed by Licensee and the area of the Building where they were installed shall be restored by Licensee to as good condition as existed' immediately prior to installation of such Licensee Facility and related equipment. All such work shall be at Licensee's sole cost. XXII,:. Successors and Assigns - This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that Licensee shall not assign or transfer this License to anyone else without Licensor's' prior written consent which may be withheld at its sole discretion. XXIII. Supersede to Other Agreements- This Agreement and the attachedexhibits constitute the entire agreement and understanding of the parties with respect to the Building and the permitted use, and supersedes all offers,;negotiations and other agreements between the parties. Any amendments to this Agreement must be in writing and executed by both parties. XXIV. Strict Performance The failure of Licensor to insist on strict performance on any one or more occasion of any of the terms and conditions -hereof shall not be deemed to be a waiver with respect to any future performance':by Licensee of its obligations. XXV. Relationship of Parties -The relationship of the parties under this Agreement is solely that of Licensor and Licensee and shall in no way be construed as a partnership,joint venture or other joint enterprise. LICENSEE: LICENSOR: COUNTY OF CONTRA COSTA;a political CUItiIA MUTUAL LIFE INSURANCE COMPANY, subdivision of the State of California an Iowa corporation BY: ME S Cap' al Ad isors Inc., By � " It egist e tl sti �t sor Director of General Services By RECOMMENDED FOR AP VAL: nre J.Lar zl Senior Investin Officer By Director of Capt 1 Faciliti and Debt M' em t By —) —Health S rvices epartment By ((?)a (IV+, Lease Manager APPROVED AS TO FORM: SILVANO MARCHESI, County Counsel By ' s A r GALeaseMgt\CBEARI_Lease Files\Concord12120 DiamonMelecommunication license agrmtApr Commence.doc 4 03/27/02 !"J t"Gv-lwj i F 1 -Y.In0•'ti,1. i t'tVt`:� v 4 w 1 nt v• 1't a r..vaw.. --- —-—— Ct Om_c :W 1 M U3 r, z`qj!j �yi-- tri CLI G 7 a i 917 vii Ric- sstt Q7 ++y ttto 1-4 q �i s gig AL 7 CA CL a ! 2 a ilN x �b� • �' �. 17 1 Q3 d1 t t o to It a OR i 03 too n _ s W"Z' to ` �CD ar 'll - its '. == ` ."` lbIA W U M W U M iri, bt #i MOM * 0 hili W U 0 Mom allwi d l • � � � n;�L �' Com} ' Mx . 15 mom FO cel 4 t css i # { 3� 1 4, ini RC1@ :# � C7Q o X00 I 4 C3j I to 8 Q `a 2 ` a v ` s O .,c to j` CD cb ` S► O CD 01 P-L fa CID m m m' joh-12-U1 lug Ul-OG P.ti bAlh� INDUSTRIwS i•AY NO,DATE: 5111M 9+�ttt,N►r C�. nou te* CONTACT: PHONE•` PRWECTfi. i $ i1 di i�t1 si V 6wYlr �+wrvey�'. rwre wr ay.ry v.. .v € 1 i mo wo I + to M 10 0, t , 1 i i TOTAL P.03 EYMBIT eB" RULES ANIS REGULATIONS The following rstandards shall be observed by Licenseefor the mutual safety, cleanliness and convenience of all occupants of the Building, and shall apply, where applicable, to the Licensee Facility, the Building, the parking area,the land situated beneath the Building and appurtenances thereto:' I, Licensee shall not use the Licensee Facility or the Building to sell any items or services at retail prig or cost without written approval of Licensor. The sale of services for stenography, typewriting, blueprinting, duplicating, and similar businesses shall not be conducted from or within the Licensee Facility or Building for the service or accommodation of occupants of the Building without prior written consent of the Licensor. Licensee shall not conduct any auction on the Licensee Facility. Licensee shall not store goods, wares or merchandise on the Licensee Facility,except for Licensee's'own personal use. 2. Sidewalks, halls, doorways, vestibules, passageways, stairwells and other similar areas shall not; be obstructed or used by Licensee for a purpose other than ingress and egress to and from the Licensee' Facility and Building. 3. Flammable, explosive or other hazardous''liquids and materials shall not be brought on the Licensee Facility or into the Building without prior written:consent of Licensor, 4. Licensee shall not make any alterations or improvements to the Licensee Facility without the written consent of the Licensor which consent shall not be unreasonably'withheld. All improvements and;the methods of installing and constructing such improvements must be approved in writing by the Licensor prior to commencement of installation anti/or construction. Should Licensee require telegraphic,telephonic, annunciator or other communication service,Licensor will direct the electrician where and how wires are to be introduced' and placed,'and none shall be introduced or placed except as Licensor shall direct. All contractors and technicians'performing work for Licensee within the Building shall be referred to Licensor for. approval before performing such work. Licensee agrees to pay Licensor a fee',equal to fifteen percent (15%) of the cost of such alternations, additions or improvements for Licensor's supervision or review of same. All work performed'by Licensee or its contractor shall conform to applicable governmental laws, rules and regulations. 5. Movement into or out of the Building of freight, furniture, office equipment or other material for dispatch or receipt by Licensee which requires l oven,ent through public corridors or lobbies or entrances to the Building shall be limited to the use of service elevators only and shall be done at hours and in a manner approved by Licensor for such purposes from time to time. Only licensed commercial movers shall be used for the purpose of moving freight, furniture or office equipment to and from the Licensee Facility and Building. All hand trucks shall be equipped with rubber tires and rubber side guards. b. Requests by Licensee for building services, maintenance or repair shall be made in writing to the office of the Building Manager. 7. Licensee shall not change locks or install additional locks on doors without prior written consent of Licensor. Licensee shall not make'or cause to be made duplicates of keys procured from Licensor without prior approval of Licensor. All keys to the Licensee Facility shall be surrendered to Licensor upon termination of tenancy. 8. Licensee shall give ;prompt notice to the office of the Building Manager of any damage to or defects in plumbing, electrical'fixtures or heating and cooling equipment. Liquids, or other materials or substances' which will cause injury to the plumbing,shall not be put into the lavatories,``water closets or other plumbing fixtures by Licensee, its agents, employees or invitees, and damages resulting to such fixture or appliances G:\LeaseMgt\CBEARk—Lease Piles\C©ncord\2120 Diamond\Telecommunication license agnnt Apr Commence.doe 03/27/02' from misuse by Licensee or Licensee's agents, employees or invitees shall bepaid by Licensee, and Licensor shall not in any case be liable therefor. 9. No food shallbe prepared in or distributed from Licensee's office without prior written approval of the building manager.Vending',machines or dispensing machines of any bind will not be placed in the Licensee Facility by Licensee unless prior written approval has been obtained from Licensor: 10, Licensor shall have the power to prescribe the weight and position of safes, filing cabinets, or other heavy equipment which may overstress any portion of a floor. Any damage done to the Building by the improper placing of heavy items which overstress the floor will be repaired at the sole'expense of Licensee.Licensee shall notify the Building Manager when safes or other heavy equipment are taken in or out of the Building, and the moving shall be done under the supervision of the Building Manager,after written permission from Licenser.Persons employed to move such Building must be acceptable to Licensor. IL Licensee shall'cooperate with Building employees in keeping the Licensee Facility neat and clean.Nothing shall be swept or thrown into the corridors,halls,elevator shafts or stairways, 12. Licensee, its employees, or agents, or anyone else who desires to enter the Building after normal working hours, will be required to identify themselves and to sign in upon entry and sign out upon leaving, giving the location during their stay and their time of arrival and departure. The Building will normally be open' for business from 7`a.m. until 6 p.m. Monday through Friday and 8 a. in. until 1 p, m. on Saturdays, holidays excepted, 13. Prior written approval, which shall be at Licensor's sole discretion, must be obtained for installation of any solar screen material,window shades, blinds,drapes,awnings,window ventilators,'or rather similar equipment and any window treatment of any kind whatsoever.Licensor will control all internal lighting that may be visible from the exterior of the Building and shall have the right to change any unapproved lighting,without notice to Licensee at Licensee's expense. 14. No sign, advertisement, notice or handbill shall' be exhibited, distributed, painted or axed by Licensee. on, about or from any part of the Licensee Facility or the Building without the prior written consent of the Licensor. Licensor will provide and maintain a directory in the Building, and no other directory shall-,be permitted. 15. Licensee shall not make or permit any improper, objectionable .or unpleasant'noises or odors in,the Building, nor shall Licensee permit the operation of any machinery or equipment'in the Licensee Facility that could in any way annoy any other licensee in the building,nor shall Licensee otherwise interfere in any way with other licensees or persons having business with then. 16. Corridor doors,when not in use, shall be kept closed 17. No portion of the Licensee Facility or the Building shall at any tune be used or occupied as sleeping or lodging quarters. 18. Licensee shall'place solid pads under all rolling'chairs: 19. Licensee agrees to cooperate and assist Licensor in the prevention of canvassing, soliciting and peddling within the Building. 20. Animals or birds shall not be kept in or about the Licensee Facility or the Building, 2L Licensee shall comply with parking rules and regulations as may be posted and distributed from time to time. G:\LeaseMgt\CBEAk\—Lease Piles\Concord\2E20 DiamonMetecommunication license agrmt Apr Cornmence.doc 03/27/02