HomeMy WebLinkAboutCity of San Jose - Regional Interoperability Project ECOMM License Agreement
I GILROY
EXECUTORY ClJj FOR flitF1
. I Sit~ Name
SILICON VALLEY REGIONAL INTEROPERABILlTY PROJECT
ECOMM EQUIPMENT INST ALLA TION LICENSE AGREEMENT
LICENSOR CITY OF GILROY, CALIFORNIA
L1CENSOR"s
AUTHORIZED ANNA JATCZAK, ASSISTANT CITY ADMINISTRATOR
REPRESENTATIVE
LICENSEE CITY OF SAN JOSE, CALIFORNIA
SITE LOCATION GILROY POLICE DEPARTMENT
7301 HANNA STREET, GILROY, CA
(and)
GILROY CITY HALL ANNEX
7370 ROSANNA STREET, GILROY, CA
TERM SEPTEMBER 15, 2008 I End Date I SEPTEMBER 15, 2018
Start Date
This License Agreement consists of this cover page together with the attached Terms and
Conditions of SVRIP ECOMM Equipment Installation License Agreement and the
fll . tt h t
o oWlnq a ac men s:
LIST OF A TT ACHMENTS
Exhibit A Description of Site Location
Exhibit B Description of ECOMM Equipment Area
Exhibit C Description of ECOMM Site Desian
Exhibit D Description of Duplicate Antenna System
RECITALS
WHEREAS, the LICENSOR AND LICENSEE have been and are expected to remain
parties to previous agreements regarding the installation of an ECOMM microwave network
to be deployed for mutual use among them and other public entities (the "SVRIP ECOMM
Project" or the "Project"), and recognize the mutual benefits of sharing the interoperable
communications to be carried by the ECOMM microwave network; and
WHEREAS, LICENSOR is the owner of that certain real property located at the above
referenced SITE LOCATION, County of Santa Clara, State of California, as further described
in Exhibit "A" (the ECOMM "Description of Site Location") attached hereto and made a part
hereof (the entirety of LICENSOR's property is referred to hereinafter as the "Property"), and
LICENSOR is authorized to enter into this License Agreement.
WHEREAS, LICENSEE desires to license a portion of said Property (hereinafter referred
to as the "ECOMM Equipment Area") with access rights thereto, containing approximately 1 0
square feet of floor space and approximately 50 square feet of ground space located upon
the Property as substantially shown on Exhibit "B" attached hereto and made a part hereof.
T -20.076.001 /GilroySiteLicense090408
1
. I sit~ Name
I GILROY
WHEREAS, on behalf of the Project LICENSEE will furnish and install certain ECOMM
Equipment, which is more particularly defined and described in the attached Exhibit C (the
"ECOMM Site Design"), on the LICENSOR's property (the "Property"); and
WHEREAS, LICENSOR finds that a grant of this right to LICENSEE will be in the public
interest and will not substantially conflict or interfere with the LICENSOR's use of the
Property.
NOW THEREFORE LICENSOR AND LICENSEE AGREE AS FOLLOWS:
1. Grant
Subject to the terms and conditions of this Agreement, LICENSOR hereby grants to
LICENSEE a non-exclusive license during the Term (as defined below) to access and use the
portions of the Property described in Exhibit B (hereinafter referred to as the "ECOMM
Equipment Area").
2. Use
LICENSEE shall have the right to enter the Property and to use the ECOMM Equipment Area
solely for the installation, operation, repair, replacement and maintenance of the ECOMM
Equipment. All ECOMM Equipment shall be installed in accordance with the site plans and
specifications for such ECOMM Equipment, described in Exhibit C (hereinafter referred to as
the "Site Designs"), and in accordance with the following construction standards:
a) The ECOMM Equipment shall be affixed and braced to the existing LICENSOR
racks and any other relevant structures, if any, by a means and in a manner
acceptable to LICENSOR's Authorized Representative, or designee.
b) LICENSEE's installation, maintenance, repair, replacement and operation of its
radio, electronic and related ECOMM Equipment shall be performed by a qualified
technical person. All work shall be done in a workmanlike manner and in
compliance with all applicable statutes, ordinances, regulations and other laws and
in compliance with the Quality Standards for Fixed Network Equipment Installation
R-56 published by Motorola, Inc.
LICENSEE recognizes the pre-existing right of LICENSOR to reserve and utilize, separate
and independent from, and without harmful interference from, any other user of the Property
or the ECOMM Equipment Area, a portion of the Property or ECOMM Equipment Area for
LICENSOR's communication operations. LICENSEE agrees to design, construct, install and
modify, as appropriate, its ECOMM Equipment and communication operations so as to avoid
interference with the signals of LICENSOR and any existing licensee. If LICENSEE's
installation, or operation, in any way hinders, obstructs, or through testing described below is
shown to interfere with the communications existing at the time of this agreement or other
ECOMM Equipment of LICENSOR, or any licensee at the Property or ECOMM Equipment
Area, LICENSEE shall, at its sole cost and expense, upon receipt of written notification (by e-
mail, fax or otherwise from the LICENSOR's Authorized Representative or designee),
T -20.076.001 IGi IroySiteLicense090408
2
I sit~ Name
I GILROY
forthwith cease the interfering installation or operation. If such hindrance, interference or
obstruction is not eliminated or does not fully cease within seventy-two (72) hours after
receipt by LICENSEE from LICENSOR of written notification of the existence thereof,
LICENSOR may order LICENSEE to cease, and upon receipt of such order Licensee shall
cease, operation of the offending ECOMM Equipment as may be necessary to continuously
eliminate said interference. In the event of LICENSEE's inability or refusal to eliminate such
interference, LICENSOR may at its option, immediately seek intervention of the Court.
LICENSEE's ECOMM Equipment and operations will be configured so that LICENSOR shall
at all times have access to the main power supply for LICENSEE's ECOMM Equipment so
that it can be disconnected by LICENSOR in the event of an emergency. LICENSOR may
immediately terminate power supply to LICENSEE's ECOMM Equipment in the event of an
emergency and in such an event, will provide notice to LICENSEE as soon as practicable of
the power supply termination.
Any interference and incompatibility testing required to determine radio interference with
other ECOMM Equipment at the Property or ECOMM Equipment Area shall, at LICENSEE's
expense, be made by a qualified technician representing LICENSEE and a representative
designated by LICENSOR. If the test is satisfactory to both the technician and the
LICENSOR representative, a certification of such test signed by both the technician and the
LICENSOR representative shall be forwarded to LICENSOR at the location for notices
indicated in this Agreement.
LICENSOR reserves the right to otherwise use the Property and ECOMM Equipment Area
involved in any manner (including the right to alter, replace, improve or otherwise modify the
Property) so long as such use does not unreasonably interfere with LICENSEE's rights
hereunder. .
3. Term
This Agreement shall have a term from the Start Date until the End Date indicated on the
cover page of this Agreement (''Term''). The Parties have an option to extend the Term for
up to two additional, consecutive five (5) year periods upon the same terms, covenants and
conditions as are contained in this Agreement ("Options"). LICENSEE shall exercise the
Options by giving written notice of exercise to LICENSOR not less than one hundred twenty
(120) days prior to the expiration of the current Term. Notwithstanding anything to the
contrary herein, in the event that the governing body of the LICENSOR elect during the Term
to transfer the Property (or portion thereof) or otherwise discontinue LICENSOR operations at
the Property or ECOMM Equipment Area, LICENSOR may terminate this Agreement by
providing LICENSEE with one hundred-eighty (180) days advance written notice of such
termination.
4. Consideration
In addition to the mutual covenants and obligations of the parties hereunder, the Parties
acknowledge that in return for this Agreement the LICENSEE has given, and the LICENSOR
T -20.076.001 IGilroyS iteLicense090408
3
I sit~ Name
I GILROY
has received, good and valuable consideration in the form of the interoperable
communications channels provided by the ECOMM Equipment installed on LICENSOR's site.
5. Condition of ECOMM Equipment Area
LICENSEE agrees to take the ECOMM Equipment Area and Property "as is." LICENSOR
does not warrant or represent that the ECOMM Equipment Area or Property is suitable for
LICENSEE's purposes, LICENSEE having made its own investigation and independent
determination of the satisfactory condition of the ECOMM Equipment Area and Property and
its suitability for its use. LICENSEE assumes for itself, its employees, agents and
contractors, all risks associated with its entry into the ECOMM Equipment Area and Property.
LICENSEE waives any claim against LICENSOR, its employees and agents for injuries
sustained by LICENSEE, its employees, agents and contractors in the ECOMM Equipment
Area and surrounding property and for any damage to LICENSEE's property, except to the
extent of liability for injuries or damage caused by LICENSOR's negligence or willful
misconduct.
6. Maintenance and Repair:
LICENSEE shall be responsible for maintaining, repairing and replacing its ECOMM
Equipment. LICENSEE shall perform preventive maintenance on its ECOMM Equipment on
a regular schedule or as recommended by the manufacturer of the specific ECOMM
Equipment. In order to accomplish the required maintenance, LICENSEE will be allowed
access to its ECOMM Equipment 24 hours a day, seven days a week, subject to compliance
with Section 14.
LICENSOR, at LICENSOR's expense, shall maintain the ECOMM Equipment Area (other
than the ECOMM Equipment) in good order, condition and repair; provided, however, any
damage in or to the ECOMM Equipment Area or Property or systems caused by LICENSEE
or any agent, officer, employee, or contractor of LICENSEE, shall be promptly repaired by
LICENSEE at its expense. LICENSEE shall immediately notify LICENSOR of such damage
and obtain LICENSOR's written consent before proceeding with such repairs.
Upon expiration or earlier termination of this Agreement, LICENSEE shall remove all of its
ECOMM Equipment and shall return the ECOMM Equipment Area to its original condition,
less reasonable wear and tear, or as otherwise agreed by the parties.
7. Utilities and Services
LICENSOR agrees to furnish to the ECOMM Equipment Area (subject to interruption as
provided in this Agreement) all utilities reasonably required for LICENSEE's intended use.
LICENSOR shall not be liable for any damage or loss directly or indirectly resulting from any
interruption, limitation, curtailment, rationing or restriction on use of electricity, water or any
resource or form of energy serving the ECOMM Equipment Area or the Property, whether
such results from mandatory restrictions or voluntary compliance with guidelines, or from any
other cause other than willful misconduct by the LICENSOR or its employees. Subject to
T -20.076.001 IGi IroySiteLicense090408
4
I sit,e Name
I GILROY
LICENSOR's right to temporarily interrupt power and other services in connection with the
making of repairs or improvements in or around the ECOMM Equipment Area, LICENSOR
shall use reasonable efforts promptly to correct any interruption in the furnishing of services.
LICENSEE shall be responsible for providing the battery power to operate its ECOMM
Equipment.
8. Damage and Destruction:
If the Property, ECOMM Equipment Area, or any portion thereof is destroyed or made
unusable by fire, flood, vandalism, earthquake or any other causes ("Destruction") so as to
make it impossible or impracticable to carry on business in substantially the same manner it
was conducted before the Destruction, then LICENSEE understands and agrees that any
restoration of the Property, ECOMM Equipment Area, or portions thereof, shall be at the sole
discretion of the LICENSOR. If the Property, ECOMM Equipment Area, or portion thereof
cannot be restored within ninety (90) calendar days of the damage or destruction at a
commercially reasonable cost or LICENSOR determines that it does not have available funds
and authority, (in its sole discretion), this Agreement and its provisions may be terminated by
election of either party. In the event of the termination of this Agreement, LICENSEE shall
remove its ECOMM Equipment, except as otherwise agreed to by LICENSOR.
9. Default
The following shall constitute Events of Default:
(i) The failure of either Party to perform any of its obligations, exclusive of the
noninterference requirements of Section 2 of this Agreement, hereunder which
remains uncured for 15 days after written notice to it by the non-defaulting party will
constitute an Event of Default. Notwithstanding the foregoing, if the Event of Default is
such that it will reasonably require more than 15 days to cure, then the Defaulting
Party shall not be in default hereunder if it commences the cure within 15 days after
written notice and thereafter proceeds diligently to complete the cure, but in no case
shall such Event of Default continue for more than 60 days; or
(ii) The failure of LICENSEE to comply with the noninterference requirements of
this Agreement as provided in Section 2.
In an Event of Default, the non-defaulting party may, without waiving any other rights or
remedies, immediately terminate this Agreement. Upon the expiration or termination of this
Agreement, all rights and obligations of the Parties under this Agreement terminate upon the
effective date of such expiration or termination.
Without limiting the Parties rights or remedies at law or equity, if this Agreement is
terminated, LICENSEE shall (i) immediately remove all ECOMM Equipment from the
ECOMM Equipment Area and any related LICENSOR Property; and (ii) leave the ECOMM
Equipment Area and LICENSOR's Property in a clean, neat and safe condition.
T -20.076.001 IGilroyS iteLicense090408
5
I si~e Name
I GILROY
10. Indemnification
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed
between the Parties pursuant to California Government Code S 895.6, LICENSEE shall
indemnify, defend, reimburse and hold harmless LICENSOR, its officers, employees and
agents, against any claim, suit, liability, loss, expense or damage, including reasonable
attorney's fees and costs, with respect to injury or death to any person or damage to any
property to the extent such arises from or is related to the use of the Property and ECOMM
Equipment Area by LICENSEE, its officers, employees or agents. LICENSOR shall
indemnify, defend and hold harmless LICENSEE, its officers, employees and agents, against
any claim, liability, loss, expense or damage, including reasonable attorney's fees and costs,
with respect to injury or death to any person or damage to any property to the extent such
arises from the negligence or willful misconduct of LICENSOR, its officers, employees or
agents in connection with this Agreement. This mutual indemnity shall survive the
termination or expiration of this Agreement. Notwithstanding the foregoing, neither party shall
be liable to the other party for any special or consequential damages.
11. Limited License Only
This Agreement provides, subject to the terms and conditions herein, only a non-exclusive
License in the ECOMM Equipment Area and does not in any way confer on LICENSEE any
other interest, whether implied or expressed, in any real property. As between LICENSEE
and LICENSOR, LICENSEE retains all right, title and interest in the ECOMM Equipment.
12. Insurance
LICENSEE represents and warrants that, at LICENSEE'S sole cost and expense, it will
maintain for the duration of this AGREEMENT self-insurance against claims for injuries to
persons or damages to property which may arise from, or in connection with, the
performance by LICENSEE of its obligations under the Agreement and that of its agents,
representatives, employees or subcontractors and the indemnity provisions of this
agreement.
13. Alterations/security System
LICENSEE shall not make any alterations to the ECOMM Equipment Area without
LICENSOR's prior written consent and approval of any proposed plans and specifications.
LICENSEE may install a security system in the ECOMM Equipment Area for its own ECOMM
Equipment, provided LICENSEE submit its plans for same to LICENSOR for LICENSOR's
prior written approval, which approval shall not be unreasonably withheld. LICENSEE shall
comply with all security requirements associated with this secured facility including, for
example, requiring all of its employees, agents and contractors to provide evidence of proper
identification before entry, keeping any keys to the Building provided to LICENSEE in a safe
and secure place and otherwise cooperating with LICENSOR's security requirements.
T -20.076.001 IGi IroySiteLicense090408
6
I si~e Name
I GILROY
14. Assignment and Transfer
The rights granted to LICENSEE shall not be assigned, sold, encumbered or transferred by
LICENSEE, in whole or in part, without the prior written consent of the LICENSOR.
Notwithstanding the foregoing, nothing herein shall preclude LICENSEE from altering,
transferring or moving the ECOMM Equipment to another site or entering into another license
agreement to relocate the ECOMM Equipment.
15. Notices:
All notices required to be given hereunder, or which either party may wish to give, shall be in
writing and shall be served either by personal delivery, rapid courier (such as Federal
Express or United Parcel Service) or by regular mail, postage prepaid, addressed as follows:
To LICENSOR:
City of Gilroy
Assistant City Administrator
7351 Rosanna Street
Gilroy, CA 95020
Telephone: (408) 846-0212
Facsimile: (408) 846-0500
or to such place as LICENSOR may designate by written
notice.
To LICENSEE:
City of San Jose
City Manager
New City Hall, 1 ih Floor
200 E. Santa Clara Street
San Jose, CA 95113
or to such other place as LICENSEE may designate by
written notice.
16. Non-Discrimination
A. Requirements. The Parties shall comply with all applicable Federal, State, and
local laws and regulations. Such laws include but are not limited to the following: Title VII of
the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The
Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing
Act (Government Code sections 12900, et seq.) and California Labor Code sections 1101
and 1102. LICENSEE shall not discriminate against any subcontractor, employee, or
applicant for employment because of age, race, color, national origin, ancestry, religion,
sex/gender, sexual orientation, mental disability, physical disability, medical condition,
political beliefs, organizational affiliations, or marital status in the recruitment, selection for
training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of
payor other forms of compensation, nor shall LICENSEE discriminate in provision of services
provided under this Agreement because of age, race, color, national origin, ancestry, religion,
sex/gender, sexual orientation, mental disability, physical disability, medical condition,
political beliefs, organizational affiliations or marital status.
T -20.076.001 IGilroySiteLicense090408
7
I si~e Name
I GILROY
B. Failure to Comply. Failure to comply with the requirements set forth herein
shall be deemed cause for cancellation, termination, or suspension of this Agreement.
17. Permits
LICENSEE shall, at LICENSEE's sole cost and expense and prior to the commencement of
activities permitted hereunder, comply with all laws, orders, and obtain all permits which may
be required by public agencies including, without limitation, the Federal Communications
Commission, CAL-OSHA and other relevant agencies and local jurisdictions to the extent
they have jurisdiction over the activities of LICENSEE at LICENSOR's Site Location and shall
comply with all conditions and requirements set forth in the permits issued by such agencies.
During the term of this Agreement, LICENSEE shall maintain, to the extent relevant, an FCC
license in full force and attach a copy of such license to each transmitter.
18. Governing Law and Jurisdiction
This Agreement will be deemed accepted by the Parties in, and governed by and construed
in accordance with, the laws of the State of California without giving effect to its conflicts of
laws provisions. All actions with respect of this Agreement shall be brought in state courts
having jurisdiction within Santa Clara County, California and the parties expressly consent to
the personal jurisdiction of such courts.
19. Entire Agreement
This Agreement represents the entire Agreement by and between the parties relative to the
use of the subject site. Any prior or contemporaneous oral or written agreements by and
between the parties and/or their agents and representatives relative to such use are revoked
and extinguished by this Agreement.
20. Representations and Warranties
The Parties represent and warrant that (i) they are not currently bound by any other
agreements, restrictions or obligations, nor will they assume any such obligations or
restrictions which do or would in any way interfere or be inconsistent with this Agreement;
and (ii) the signatories to this Agreement possess all necessary authority to enter into this
Agreement in all respects and render it effective.
21. Amendments
This Agreement may not be modified except in writing signed by duly authorized
representative(s) of the Parties.
22. Waiver
Waiver by the Parties of any breach of any term, covenant or condition of this Agreement
shall not be deemed to waive the same or any other term, covenant or condition of this
Agreement or the right to subsequently enforce such term or condition in the future.
T -20.076.001 IGilroySiteLicense090408
8
I si~e Name
I GILROY
23. Severability
In the event that any provision of this Agreement is held or construed to be invalid by any
arbitrator or court having jurisdiction over disputes related to this Agreement, such provision
will, if reasonable to do so, be restated to reflect as nearly as possible the original intentions
of the Parties in accordance with applicable law, or, if not reasonable to do so, be deemed to
be excluded from this Agreement. In any event, all other provisions of this Agreement will
remain in full force and effect.
24. Counterparts
This Agreement may be signed in multiple counterparts, each of which will be considered an
original, and all of which will be considered one and the same document. This Agreement
may be executed by facsimile signature.
This License Agreement is entered into the date set forth below by and between LICENSOR
and LICENSEE.
DATE
LICENSOR
City ~ Gilroy.
By OO~ . D ~.eWk-.. ~
Name: 'f\r. l ,\ . / Name /
Title: ,\ '\}.. ~. Title: Deanna Santana
~~\S\OJ~ ()).~ %(\\\lli~{~6( Deputy City Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:
LICENSEE
City of San Jose
~
fk~ L\~ ~
~r {w kilier-
u./It... S.--j. '... ~' ...'
&/. t/ .
I .
/ ..,.. r. i
l0"'U M .
\ Clfy (!/..er{\. 1 Shaw ~ Fr.als
~
r1fAot'i ~'7 e- .
S~VJirY afl1,.f) u'lS Attw"1
T -20.076.001 IGilroySiteLicense090408
9
Z'
o
....
E--
~
U
o
~
~
E--
....
IJl
EJ
~O)
gO)
lDI'
~r,j\
'\b"'______ Q
/ ~~
1/
@~
Ooot
goo
<(
z
'"
0
<(
u
>-
....
z
::>
0
u
<(
'"
<(
...J
U
~ <(
....
E-- z
.... <(
~ en
....
~ I e
~
'"
0
en
en
w
en
en
<(
>-
z
::>
0
u
u.
0
w
u
u.
u.
0
~
rJJ.
Z
~
u
....
...:l
~
~
0
u
~
1
.
-
a v 0 ~
~
L6-{;6,f"b.1.81L fiS.LLf"L ~
Of; I 01: IOS"&€ I 'Qal'-'"j.6,
I I I I
: ~I~: ~I
:;:~ 1
- -] N I rt) l.... I
Oz. / ot IOb"S& nllo'
I
I-
LIJ
LIJ -
0::
l-
(/)
'm
1"11.
~:
",~I
~ ~~
I",
Ie
U'SL
~I
11;:-""1 ~I ~r("I4' ~ 09-<jE
.OO(----v rJ ~ ...:- I -,.
, <:(....J ~I , : ~ '3l"Z'
~I .:!!! '" :,-, "I I
o I ", do..:;;, .t'~! I
5<.\ ll::-i ~ \...... [
<<I ~ '!:; lC)j 10
~r (.()Iej 0 It
I.ri~g -::r ~ I
.,. ~: I
o . I
IS 1>5'65
G~/I~ ""i.~LS '"
'J.S "V<j <l '"
Z
f-
0::
'"
CL
-~" '" '"
I
t9i"~
, 61>
91>9L
L
ILf"t
'51<' 1lV I ELZS
I
I
~Il 'Q,
I
I
I
I
o
~ 2 ::::[
~I
o
I
u
Z
'" I-;
0:: <!.l
.....
~
Ul <!.l
",U
~C
z......
'" ~
;:l
Ul S
~ S
o
U
I-;
<!.l
0)
~
I
(j'
I
I
I
I
~ lti "'I 0"'1 I gl ~I ~I ~I
": I
I
~~ ~I I
001 wavl 5€Q -i5 s< '[5 LO"LS"
,)&,~, " 08! L oat. Q9EL 0><
'1 S '"
~
0"
>-
0
0::
~
10
o
,'"
(/) Ul
~ cD
1
-1J=
'1 S
<Jl
ro
<!.l <Jl
~'8
1:1 'q)
<!.l'"d
~ I-;
ac8
'S o:l
0'"
fI.1 .-<;:::
..0
~ ......
:;s~
OfI.1
U ~
fI.1VJ
~I 00
!?11 C\jl ~ trl
Q
I
00
C
I
'"' Q"I
@ Q"I
t--
Z
~
~
~I ~
L" i-Z-f;'i
,..:
Ul
>-
/iLJ
~
/~~.
A.3~31NO V(~~
LU Lt9 "S"O H .,\~.""
II-rt. .... lorL
Ot."&S I s'Z.jL'va: ,6t: 06'rg ~
~ I ~I i~~i ~o ,,/~"\.
~ ~I~ ~:5l!i:~~1~~ ~
o :g :t: ~:- it I ~ ~
/: "'! ,,,,I, ~13 ',/:'
IX)O IOlo'....IOH:S 10:
I (Tt I - :08~-S~g.~ ........ .
t:~~l."""" ...l..." 0SI"l:1"" ~
13w~n09 I .Ii" ~,., ono~LOI t ~
I <D I t: ~ .,...'" ~
I - I," - ~
I:j' ~I I (/)
'~ ~I 01 ~I ~,
i- Yi Y!: ~ ~I ~~,
LL O&'OV 601
Of's-.! ou'"
A~~3831~13
~I
I~i L
,,,,./ Jcr.l.
II~L
~-v
5199
OS U'05 os
~I
~
Q
~
'"d.....
..---< <!.l
-S<!.l
~ .t:J
<!.lVJ
~ ro
~ ~
..---< <Jl
..---< 0
d3~
ci2
U~
:.>~n H:'>
If
I
I-
Z
w
>
o LIJ
en
I-- T---l
I \D I u....1.() I
o
'" -
;: ~I u :,
. "'I
Z (f)-I
OJ 1
o I
l!;it! fO\::! U 09 I L"€Z I
I
--'-
~
Qlft>'OI
'I1NN'I1S0~
"'-"''"'
~;~8
-< i.g",
Ii 8rt
"'!lo-'~
~m~~
wA~>-
~ ~~~
~-e1Jl
ni~
:588",
~
U
~
o
~
...:l
....
~
~
~
~
E--
IJl
~
Z
Z
~
IJl
o
~
C
t--
~
t--
~EJ
~ -
~ ~,.... /
Z !i2 .~ ~\ ~r'"
8<~ I(L~~ o~
E-;~",en / ~~
< ~ 8 en Ii .EE -
U ~ "',.... :.. 'i
o ~ ~
...:l U <>:
~ oc
~...:l
E-;O
t;j~
..
Z
0:
a
"-
.. "E
'-' <l)
>- ~
p.,
I- <l)
Z Cl
=>
a <l)
'-' .~
.--<
0
0...
.. ;>-,
0: 0
.. ...=:
..J C5
'-'
< ..
l-
E-; Z
~ ..
~ Ul
~
==
~
~
0:
a
Ul
Ul
'"
Ul
Ul
..
>-
I-
Z
=>
a
'-'
"-
a
'"
'-'
"-
"-
0
~
rJ'l
Z
~
U
~
...:l
~
~
0
U
~
~
~
....
o
-I-' 0
~ S ~
S 'H S
p.,~ 0
0"'" 0
g.t:~
f.I..1~-I-'
~ 5:J ~
~ ~ g,
o f.I..1o.....
U ~ g.
f.I..1C/lf.I..1
c<:l
<l)
~
01 S
e
';1NN'I1S0~--~
OE 5~ ..,,, I
--~~
'~
~
m
sag
"-
o
0
i
q-
'"
vi I-
- W
m W
0 0::
I-
(f)
I- ~ 0
W:;:"
w z--
0::<>:
I-
(f)':i
-"
, ,
, I I" I I
_--L - ----L.;---tco-- ~ __-l.___
--r-~-Lcol-.,..o-I----
I I I a::
I ~ Q ...J =
'" '"
~ >-
- I-
I
--""1
,
u
5E I 53
05 '
OI'I~1
it' IS&" 'Oir
OL
OE5~
5.
09'91>1
01 S
~
...
';1NN'1H
89 05 05
z (; >-
00 0
a::
;:: >- ...J
l- e>
0 N
<f. ,
Z
a:: ~
<i' W
I-
U)
Wo f;jl ~I
3:!:
.0;.
x B9 05
::>
-"
05
05
~I
o
01,.
"'
a:: '"
<n
.. ~-
- ~- a:i
~ \
~ ,E.€
~
'(3
05
5'
~
AOMoa
H ,51 5, ,1'Z 9t, ELI tv
I , I ,
as..... 611 II
I
59
~I
~I
~I ~I
~I
~I
~I
~I
~I
0
01 i
<D
a::
vi J:
- ?-
m Z
0 W
~ >
w
en
I
, N
, I
I I""l I '7
<e
I
.... I
I
'" I
w I
,
'" ,
J: ~ ~ :! '" ~ !::: ~ ~
l-
X
en 0 ~I ~I >;;1 ~I ~I ~I ~I ~I ~I
'!:
l-
$' u
<>: 59 b5 b' &5 6S 6. bS 6S .9
a::
I-
'1 S ~ 13Vnl'1::>
:t-@
3
W
>
I L"V9 i EO'S' GEl; EO"9V );;, FtOLS b5 65 65 65 59
1'4-.
I "I I~
I" -I "'I 1<)1 ltll COI "I
~ '1-1 COI 0
"
, I , I
- I N : " I .,. I ~ w .... '" '"
:;:
z
w
-"
<.0
3'
....
<D
OJ
<J)
a::
N
<e I I
I = ~ <'? :! '" ~ ': ~
I ,
"1; ~I !I ~I ~I :::1 ~I 0>1
; :J'
I ,
Z6"' , ,
6< I 6< ., 6S 65 65 65 S9
"
z
U)
I-
-~~I-
I L
m
'lS -.- m "'- 311'1^3::>NIHd-
@
@
2ji~
~H~~
.. ~';N
li8~
"'1",8
Z N
~ .!do..
:;~~
tj ~~~
i5i~J
h!~
.....
r--
Q
I
r--
.....
I
Q'I
Q'I
r--
Z
~
~
<
U
~
o
~
...:l
~
o
~
~
~
E-;
rJ'l
==
<
Z
Z
~
==
.....
Q
~
r---
ECOMM LICENSE
EXHIBIT B
EQUIPMENT AREA
CITY HALL ANNEX
"-N
6-8 ft
Monopole foundation
6 feet diameter
6-8 ft
See Monopole Detail
Concrete~lab for
GENERATOR
Wheeler
ommunity
Center
Bldg
>
See CHA Equipment Room Detail.
23 feet Equipment Room is located in the
basement of
City Hall Annex (old PD)
City Hall Annex (old PD)
building wall
~
24 feet
~
.....................
0.................. ·
/
Fence line
Location for the 90 foot ECOMM Monopole at Gilroy City Hall Annex (old PD)
Monopole is located in the fenced area adjacent to the Generator.
7370 ROSANNA STREET, GILROY, CA
ECOMM LICENSE
EXHIBIT B
EQUIPMENT AREA
CITY HALL ANNEX
MONOPOLE DETAIL
6 foot Antenna toward
Holiday Lake at 87 feet ht.
",\zimuth 348.1 Deg. True
City Hall Annex (Old PD)
ECOMM 90 foot Monopole
and microwave antenna mounting location
7370 ROSANNA STREET, GILROY, CA
~
~
~
H
~
Q
~~
~O
ZO
Z~
~~
~Z
~~
~~
==~
~~
~~
~O
U~
~
~
~
~
~
==
~
~
~
7JJ.
Z
~
U
~
~
~
~
o
u
~
5'
P-.
"0
o
';<"~
OJ ;>
~~
~i::
OJ
~ ~
::c: '"
0&1
u~
~ '"
.- .-
s s
o 0
~~
t:~
OJ d ~
2.a ~
"g,"g, U
>:Q >:Q ..,
.B ~
] 0
~ ~
~ ~
~
~
..,
~
~
~
~
7JJ.
<
Z
Z
~
7JJ.
o
~
Q
r-...
~
r-...
~
z
~
~
~~
<...:l
~~
~0
~Z
~....
U~
.......:l
...:l....
O~
~~
~
E--
....
~
~
~
~
rJJ.
Z
~
u
....
...:l
:;E
:;E
o
u
~
~ u I~.'''. ~._~. ttl~ :OIU03l'OlldAOIl'1I9,roAOO
'1 ~~~;~ ~~m :S~~
~ . ~i~~:: ::~== AJ.J1IOV:lll0l1Od
~ ?:;:~:: ~~~;: AOU11e>
. -...... -........
"'-'"'''~- -.......--
r ~rl IIH~~ E~
" ~5 ~~ D..
I :IIII;~ I I; t -, I ~
~ ~ i
B ;!!. I ~ j I
<J<Ji i~ !.
~ r ~
II 1
~ ~ II z l
h~~ I
j ~ I)
, II
..,
rr'l
' !Ill J .,[
i 11.1 !II ~ I III
,,~ I',' II' Ill;
II !Ut ull /111 f i'I ~
1111' ~
11 I,ll S-
: III,
y
I
!
r
,
!
,
11 I
I
rr T fIr
il
8 'I
r
a
-a-
-g,-
~
...
a:
9
" II.
::to
~z
z~
::zth
c::c
:t
I!
, I,
~
p:;
H
+-' 0
~ 0
(1)-
s~
t:: S
<OJ 0
P-.o
c3~
(1) +-'
o ~
.,.., (1)
o s
~ p., -
~ .~
rJJ.~
_""'--i_____~____~___"'.^.
, p
)
,.1,
<
u
~
!O
~
...:l
....
o
~
~
~
E--
rJJ.
<
Z
~
==
...-I
o
~
l--
~
z
~~
~o
~o
~~
~~
~z
~~
~~
u~
~~
~~
00
~~
~
~
~
~
~
==
~
~
~
rJl
Z
~
U
~
~
~
~
o
u
~
0
a.
I!~ >-
~
~ (3 E N
co :>
I.+' Q) 0:: llJ
E e 0::
~ me CIl .~
Z "0 a:>
~ .8 llJ e
J: en a:>
1/'0 >- e
~ D .0 l"-
e 0
0 :,: Qi
f--- co 10
, 0> 0
0 LO 0
a:>
"<t
~ <0
<(
~ 1:5
01) Q)
'0'
~ C::
.......
'"d
,......;
.......
~ ~
~ e\:$
+-> ,......;
~ ~
OJ ;....;
S 0
0
~ ,......;
~III ~
0.. S
OJ
Q 0
0
Qi OJ ~
c U
Q; ....... +-> -<
C ,......;
U) - 0 ~
- u
Q) Cii ~ OJ
c S
:0 OJ I
CIl Q) >- ~ ~
0 :0 - 0 0..
'" (5 ....... 0
.2 0 ;....; &
E 0 ,......;
- . ....... ~
U) L.. X d
'0) ~Q)Q) ~
<{ ------- .n c ~
(f) Q) .- c
(f) g :0 LL<( ~
a... '" 2 ~
::::> :;:; u (f)
U)
<( x .... L.. ..,
> W t c "m ~
:2; Q) 0..
~ 0 :2; ~
0 l: <.0 ~
l!) Q) 0'-
z () 5- ~
D ww
~
rJl
u:i -<
f- Z
Z Z
OJ
C -<
a;1'3
- CIl ==
o L..
Z 0
~
Q
~
..,
l'-
ECOMM LICENSE
EXHIBIT C
SITE DESIGN
ECOMM Site Design at Gilroy
1) LICENSEE shall furnish & install the following new ECOMM components at
the locations shown on Exhibit B and Exhibit D:
2) At the Gilroy Police Department Building:
a) AC service from the existing UPS AC panel for the new ECOMM DC charger in the
equipment room.
b) Cisco IP equipment in customer provided cabinet.
c) One DC rectifier in customer provided cabinet.
d) Fiber jumpers from the Cisco IP equipment to the existing fiber demarcation panel.
3) At City Hall Annex (Old PD) site:
a) One 90 foot monopole next to City Hall Annex (Old PD) building.
b) One waveguide bridge between the new monopole and City Hall Annex
building.
c) One outdoor cable ladder between the waveguide bridge and the entry point.
d) Core drill roof and install 2 new entry ports with boots.
e) AC service from the existing AC panel for the new ECOMM DC charger in the
equipment room.
f) One 6 foot diameter microwave antenna on the monopole facing Holiday Lake.
g) One waveguide transmission line run from the new 6 foot antenna on the
monopole to the microwave equipment location in the equipment room.
h) One equipment rack containing one microwave radio facing Holiday Lake, DC
rectifier, battery, and transmission line dehydrator.
i) Fiber jumpers from the microwave radio to the existing fiber demarcation panel.
j) One duplicate 2 way radio antenna system as listed on Exhibit D, including
coaxial transmission lines from the new monopole to the equipment room.
k) Removal and disposal of existing rooftop tower following cutover.
1) NIER field study and report on duplicate antenna system following cutover.
4) LICENSOR shall provide access to AC power from existing AC distribution
panels.
5) LICENSOR to provide technical assistance during testing and perform cutover of
duplicate 2 way radio antenna system at the transmitter output connectors.
6) All LICENSEE work to be performed, tested and accepted per the design
documents contained in the LICENSEE contract with Harris Stratex Networks, Inc.,
dated December 11, 2007, and as amended.
7) Final location and configuration of equipment may be adjusted by mutual
agreement of LICENSEE and LICENSOR to achieve ECOMM system
performance objectives and to avoid conflict with existing LICENSOR structures,
equipment and utilities encountered during installation.
ECOMM LICENSE
EXHIBIT D
CITY HALL ANNEX
DUPLICATE ANTENNAS
Gilroy duplicate antenna system provided
on ECOMM project.
Includes transmission lines and flexible
jumpers at the top of transmitter bays:
6 foot microwave dish @ 87'
RFS BA1012 @ 88'
3 x RFS 220 @ 50'
3 x OB205 @ 30'
Maxrad MPRC 36XX @ 75'
3 x RFS 220 @ 88'
RFS BA1012 @ 41'
RFS 201 @ 50'
7370 ROSANNA STREET, GILROY, CA