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HomeMy WebLinkAboutSVRIA - Ecomm Assignment and Assumption Agreement Site Name GILROY ASSIGNMENT AND ASSUMPTION OF SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORr1 Y ECOMM EQUIPMENT INSTALLATION LICENSE AGREEMENT LICENSOR CITY OF GILROY, CALIFORNIA LICENSOR's AUTHORIZED REPRESENTATIVE ASSIGNOR CITY OF SAN JOSE, CALIFORNIA (LICENSEE) ASSIGNEE SILICON VALLEY REGIONAL INTEROPERABILITY (NEW LICENSEE) AUTHORITY SITE LOCATION GILROY POLICE DEPARTMENT 7301 Hanna Street, Gilroy, California (and) GILROY CITY HALL ANNEX 7370 Rosanna Street, Gilroy, California This Assignment and Assumption consists of this cover page together with the attached License Agreement including all of its attachments. RECITALS WHEREAS, the LICENSOR AND LICENSEE entered into the above referenced License Agreement, a copy of which is attached hereto as Exhibit A; and WHEREAS, ASSIGNOR has transferred its duties to manage and operate the SVRIP ECOMM Project to ASSIGNEE, and it is reasonable and necessary for ASSIGNEE to become the LICENSEE for access to the all of the Project Sites; NOW, THEREFORE, the undersigned agree as follows: 1. ASSIGNOR hereby assigns all of its rights, interests and obligations in the License Agreement to ASSIGNEE. 2. ASSIGNEE hereby accepts such assignment and agrees to perform all of the obligations of the Licensee as set forth in the License Agreement. T-20.076.002\Assignment Gilroy SVRIA San Jose(3)3-4-15 1 Site Name GILROY 3. In accordance with Section 14 of the License Agreement, by its signature below LICENSOR hereby consents to the foregoing assignment and assumption, and releases ASSIGNOR from further obligations under the License Agreement. This Assignment and Assumption is entered into as of .42vArvrf a6 , 2015. ASSIGNOR (Licensee) ASSIGNEE (New Licensee) SILICON VALLEY REGIONAL CITY OF SAN JOSE INTEROPERABILITY AUTHORITY By B r—' JULIE EDMONDS-MARES Name: H Plamondon Deputy City Manager Title: Execu Director Date: if?.��� Date: 3—e1_6 APPROVED AS TO FORM: APPROVED AS TO FORM: 1 a I() Gary . Baum, General Counsel Approved and Consented to: LICENSOR F GILROY By TTE Name: horn\ 'i Nc; w ' , Title: Cry rr? %me i Date: y- del S— —2i erk . I!/�, APPROVED AS TO FORM: cG rdi) T-20.076.002\Assignment Gilroy SVRIA San Jose(3)3-4-15 2 Site Name GILROY EXHIBIT A Site Name GILROY SILICON VALLEY REGIONAL INTEROPERABILITY PROJECT ECOMM EQUIPMENT INSTALLATION LICENSE AGREEMENT LICENSOR CITY OF GILROY,CALIFORNIA LICENSOR"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 Start Date SEPTEMBER 15,2008 End Date SEPTEMBER 15,2018 This License Agreement consists of this cover page together with the attached Terms and Conditions of SVRIP ECOMM Equipment Installation License Agreement and the following attachments: LIST OF ATTACHMENTS Exhibit A Description of Site Location Exhibit B Description of ECOMM Equipment Area Exhibit C Description of ECOMM Site Design 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 interoperabie 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 10 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/GihoySiteLicense090406 1 T-20.076.002\Assignment Gilroy SVRIA San Jose(3)3-4-15 Licen; Site Name GILROY Site Name 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/GIIroySitoLiconseOg0408 2 T-20.076.002\Assignment Gilroy SVRIA San Jose (3)3-4-15 Licen: Site Name GILROY Site Name 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/GilroySiteLicense090408 3 T-20.076.002\Assignment Gilroy SVRIA San Jose(3)3-4-15 Licen: Site Name GILROY Site Name 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/GilroySiteLicense090408 4 T-20.076.002\Assignment Gilroy SVRIA San Jose (3)3-4-15 Licen: Site Name GILROY Site Name 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/GilroySiteLlcense090408 5 T-20.076.002\Assignment Gilroy SVRIA San Jose (3)3-4-15 Licen: Site Name GILROY Site Name 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 § 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/GilroySlteLlcense090408 6 T-20.076.002\Assignment Gilroy SVRIA San Jose (3)3-4-15 Licen: Site Name GILROY Site Name 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, 17th 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 pay or 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/GiiroySiteLicense090408 7 T-20.076.002\Assignment Gilroy SVRIA San Jose(3)3-4-15 Licen: Site Name GILROY Site Name 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/GllroySlteLlcense090408 8 T-20.076.002\Assignment Gilroy SVRIA San Jose(3)3-4-15 Licene Site Name GILROY Site Name 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 LICENSEE City of Gilroy City of San Jose By . 1 _.�`i► B Name: \ Namr-Deanna Santana Title: Title: Deputy City Manager APPROVED AS TO FORM: APPROVED AS TO FORM: /7)/1Dints. r 7416S+: , , 3/vcona. ifrtd-s/61% T-20.076.001/GilroySitel_icense090408 9 T-20.076.002\Assignment Gilroy SVRIA San Jose(3) 3-4-15 Licen; H N ;y O CD O v o ECOMM LICENSE SITE LOCATION EXHIBIT A _ _ D OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA 0 Tn 799 P8 N co' 7 Q a LAS ANIMAS RANCHO PARTN. �e7\ "< -Wheeler Community Center 69-. C) cn r — W. SIXTH — � — —STREET - ' - B.I J� w. . I w. 0 D a B.I S. -R.3 o O 47 4s M �Q I b0 0 • i 60 v Xi 300 �,A 1 _ 1`: 7 832 B I .9 o,bi-- qq°-� 9 _ 33�� ;� �? -R /O, O 1 6 .2 1)44:,f3 w f•t 00140eaT ; l6U , a0 '—��59 N /- 4 K 143/ /3 '4:, y e5.313 "OU6AC. b-. - 33 _ 3- ■ i x w i n•>E' PCL.E X E c. W 5 S 30 /9 Z c a NL°^b� PCL.I Ls -_ G O W R " . - -.^ »y�r. laa.s?�yuu •. Ta.ui BOOK eq ♦ 7 3 /5 F A ,�/ 14 I 37 A'w 841 3150 C I T F4 GILROY 7f•�' 20 - 7s' »a i �^ �" ECOMM Equipment Areas -�- > ',--- /6 a 42.25 -^ See Exhibit B for details x x ,.g y° 15 4 39 "'a o4'� 6 4 /7 70 rs2J el 12 ,.s. ¢ ^ 49 l a u TCItt IS ROYe'^^ }17% -'� City Hall Annex(old PD) F e R W OLD GILROY ST. COUNTY OF I ^ m ----I-40 0----� qTy°F GILROY �^i� 4= 2 a 51 7370 Rosanna Street —. Cr S.C. -� = U Y a 25 /9 i - S F 90.355�AG.PLAN_ 1^CoI 1 CC A F2 41.n - 0 4 S 29 n 5 20 ' Ui q ;v, 21,','0' 1 g. N- w= I 1 �j 'D-1�4 AC 3 23 F�'R 2/ 5 12 Or �d `..,IIIR.:' n tl 1 CITY GILROY c i Ioa s i , 65.38 f4.i7 C # lia # 77•N P`"�'. 'd W. SEVENTH P. 4 0 STREET'•..::.__......,,,, cry OF dl1WY: O1ARRENCE E.STONE-ASSESSOR• WEAN 2A Er ewmnni I4p Calaaied.Mr P.It T.GRA Sae.327. EfYclte Rah Tar Z07-2005 7370 ROSANNA STREET,GILROY,CA APN 799-08-058 • r' C7 CD 7 N Cl) O .71 CD O V , Z O DI 57)iv ECOMM LICENSE EXHIBIT A SITE LOCATION cmD POLICE DEPARTMENT V, OFFICE OF COUNTY ASSESSOR — SANTA CLARA COUNTY. CALIFORNIA ([] BOOK PACE 3 799 17 CD 7_ 0 Gilroy Police Department o ECOMM Equipment Area - 5)See EXHIBIT B for r cn < Equipment Room Floor Plan D O (A W. SIXTH C. I ¢ STREET 'TOO. I TRACT 52626 GLEN VIEW TRACT __ MIL ER B LUX 4 WESTERN AO.ITION LAS ANIMAS RANCHO., PARTS. L r_. • 139.04 ° 133-04-. *0- O 1A, qq co II I V- - I e 24 II I L u N 1 11 CO 3"" .. II 2 I I 1 .J, W i§ ; F- M M IS 2 L7 a A 57 IL I GILROY & 1- a 6 I T ♦- $ IA 3 x I! 3 r w 13 a ^ I t'- 4 la -.-• IL -,v- — 1° TS' t 1.781AC. ti 3 i7.5C e M --- -- ---- I5 r N m `- t 2 �' 14 6 f '� i6 CITY 10 t'� OF iO -- ----- s B8 n 58 8 I �W -- -------- '" - 4 J ; 12 u s 5 N w 28 16 -- 21 -= -- --I I ---- a _------_. ---_-_ -7- --. __.�It: i b °`1 GILROY - U a 11 16 T 9 y W w 27 17 0 22 a } a 16 n < a 16 Q - E —� -_ --- -- CITY 1 GILROY Z iI I L_ Z A 1Q IT e 7 a < A le ! > a 3 A W J 42 I - Q D_ ------ `'� r-- --3 -- - 2 ,. I i i I I O 0 . I t 9 l0 9 8 A 25 I9 1 IC - 24 s _ .. a 20 i I I I 140 NO l40 r`j•6.I S. - R. 7 W. B. I S. -R.6 W. .B.I S. R.5W. 4 1 ,. B.15. -R.4 W. SEVENTH n e STREET 16 j U'M6NCE E STONE-ASSESSOR mdmtrd 6q Sr 1m061 P9 61} C999141*d6 R A T.COS,Si.327. 101.00.90 row 1008-1000 7301 HANNAH STREET,GILROY,CA APN 799-17-071 • r- 0' CD 7 Site Name GILROY ECOMM LICENSE EXHIBIT B EQUIPMENT AREA CITY HALL ANNEX IN N ,. F• i '! , :y i t .4;',.• , t "iF rry,4y tip" i k' c 1 i ,° s `y7a�, y1.raC� �" � f':'-'1.''''''::' 6 8 ft 68€t ' q•K� Monopole foundation s� �4 ; -. 6 feet diameter k '-� �" ;� to � w 'y�v� 1 .,. '' , ,'ion rete]ab foi t See Monopole Detail Wheeler '4....'•-• r`:� 4' h. -Co nmuntty � n Center I a -' , t.� See CHA Equipment Room Detail. 23 feet''Equipment Room is located in the basement of City Hall Annex(old PD) 'r. City Hall Annex(old PD) '_ buildin 'wall 4 4 24 feet errr■■°°••rrrr■.■rrt� uuuuuu uuu ire■°■• 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 T-20.076.002\Assignment Gilroy SVRIA San Jose (3)3 4 15 Licen: Site Name GILROY ECOMM LICENSE EXHIBIT B EQUIPMENT AREA CITY HALL ANNEX MONOPOLE DETAIL 1 6 foot Antenna toward Holiday Lake at 87 feet ht. Azimuth 348.1 Deg.True - V City Hall Annex(Old PD) ECOMM 90 foot Monopole and microwave antenna mounting location 7370 ROSANNA STREET, GILROY, CA T-20.076.002\Assignment Gilroy SVRIA San Jose (3)3-4-15 Licen; N N 74 O CD O ECOMM LICENSE EXHIBIT B CITY HALL ANNEX 3 N EQUIPMENT ROOM DETAIL cn cn tQ 3 CD 0 0 0 000 2 • 70 0 D -< co to C 0 m w w .p cn ri,410'443)7'r —61-r✓\°�.z 4u5 kd5 L.. 56X8:,L�xst.sxxx:� x, Floor Plan for Equipment Room in City Hall Annex(old PD) Equipment Room is at Basement level 7370 ROSANNA STREET, GILROY, CA r 5' co N N rt O - CD O v Z °) Ol O N) ECOMM LICENSE EXHIBIT B POLICE DEPARTMENT t'D D c BUILDING PLAN co' CD See Police Department ROOM uD— Equipment Room Floor Plan i i9° ' I - - — W LC 0 D ii �I■I�1■I — L Y mini -_ ���� 1 �:! -_- Y - l�i:,iii it;ll�i 7 -.jam/ ` lu g � �---- ---o - ---I� 1 CD 0) _ iii,_,. -AIM 1 • -iih.e' ...-INFINSIIIIPIP,11 ' P i'z,-''''''-'"'-.::'-' - =I w g ;11 Itintialli ..g.,-,-.1,=..u..4„4-w----,-. am. �. --- 1■• 1 kr T�; 041 1 El - U Ii I` `� __ ��y i'�\' ]Easier • . a K R Awf .1E1111' fir°4 +iiCs " — — 1-,4Y.---dwillii.saittlIMIE Ff.1111 �3 �: \[ ,�.''.>a.m>,e A I■1■f�1■tl�fifs�llii•r; __ — — APP0� ., .. 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I 1 I 1 —P. i - PLAN SECOND FLOOR PLAN _.. =� CONSTRUCTION NOTES •.�: FP-22 7301 HANNA STREET,GILROY,CA r a CD Site Name GILROY 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 Hams 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. T-20.076.002\Assignment Gilroy SVRIA San Jose(3)3-4-15 Licen; ' Site Name GILROY 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' 3x RFS 220 @ 50' 3 x DB205 @ 30' Maxrad MPRC 36XX @ 75' 3 x RFS 220 @ 88' RFS BA1012 @ 41' RFS 201 @ 50' 7370 ROSANNA STREET, GILROY, CA T-20.076.002\Assignment Gilroy SVRIA San Jose(3)3-4-15 Licen; RECEIVED an Jose City Clir.k 2015 AUG 27 AM 10: 02 II