HomeMy WebLinkAbout11 California Highway Patrol Telecommunications Agenda Item # 11
Public Utility District mi,
leaz
ACTION
To: Board of Directors
From: Kathleen Neus
Date: July 16, 2008
Subject: Telecommunications Ground Lease with the California Highway
Patrol
1. WHY THIS MATTER IS BEFORE THE BOARD
Only the Board can authorize the award of a lease.
2. HISTORY
Resolution 1978-61 authorized the lease of real property to the State Communications
Division of the State of California to maintain certain equipment at the Pondersoa
Palisades Tank Site. Resolution 1979-14 authorized a permit with the California
Highway Patrol for use as a radio communications site with a term of 10 years. A new
permit was signed in August 1990 for another 10 years. In June 1998, another 10
year Communications Site Lease Agreement was authorized.
3. NEW INFORMATION
The lease for the radio communication site has now expired and is in need of updating
and renewal. Seveal unresolved issues remain to be resolved regarding this site
lease. Therefor staff is recommending a one year lease extension to provide time to
resolve these issues.
To better understand the issues regarding the site, the District held a neighborhood
meeting for all the neighbors located near the Ponderosa Palisades Tank Site. In
attendence were three neighbors, two representatives from the California Highway
Patrol and the Nevada County Sheriff's Office. Michael Holley, Steven Poncelet and
Kathy Neus were representing the District.
The concerns of the neighborhood were listened to and addressed as best as possible
that evening. There were tasks assigned to the CHP; radiation emmissions, beacon
requirements and the fencing. The District committed to create an Improvement Plan
that will include paving the driveway access, painting the back-up generator to match
the tank/building color schemes, cleaning up tank graffiti, landscape screening,
defensible space and to improve the of security for the site.
The time frame to complete the improvements will take time to complete; the District
would like to offer the California Highway Patrol a one year lease extension. Once the
one year extension has expired and all the improvements have been completed
satisfactory, the District and the Highway Patrol would like to enter into a new lease
agreement which will include incremental increases.
4. FISCAL IMPACT
The fiscal impact of the site improvement plan has yet to be determined. There will be
a revenue of $1,000 associated with this one year extension.
5. RECOMMENDATION
Authorize the General Manager to sign the one year lease extension.
Ile
Michael D. Holley
General Manager
y Truckee Donner Public Utility District
>. Directors
Joseph R. Aguera
J. Ron Hemig
Patricia S. Sutton
Tim Taylor
Bill Thomason
General Manager
Michael Holley
June 24, 2008
Dear Ponderosa Palisades Tank Site Neighbor:
The Truckee Donner Public Utility District (TDPUD) sent notices in the mail to the neighbor's of our
tank site in Ponderosa Palisades in late May and Early June to inform you of a community meeting
that was being held to discuss the site. The meeting was held on June 16, 2008 at 6:30 pm. This
follow-up letter is to inform you of the results of the meeting and let you know about the planned
next steps.
The meeting was attended by:
Community members: Ellie Hyatt, Bob Broyer, Mary Chapman
California Highway Patrol: Captain Gary Ross, Kim Emery; Nevada County Sheriff: Captain Tom
Carrington
TDPUD Staff: Michael Holley, General Manager; Steven Poncelet, Public Information and
Conservation Manager; Kathleen Neus, Technical Programs Administrator
Michael Holley began the meeting as to why "we are here." It was brought to Michael's attention
that the neighbors near the Ponderosa Palisades Tank Site have concerns with the condition of the
radio antenna and building site.
Kathleen Neus gave a brief statement as to what is located at the site; the District's water tank, the
hydro-pneumatic station that feeds the nearest neighbors to the site, the back-up generator that will
keep the water flowing for fire protection and local residences when the power goes out; and the
importance of the radio building and antenna for emergency response for a multitude of local and
state agencies.
Next, Steven Poncelet asked for public input and discussed next steps in the short and long term.
The majority of the discussion focused on the radio building and antenna including the beacon on
the antenna (visual impacts) and the condition of the fence. There were additional concerns over
the access road to the site (issue of the interface of the dirt access road and Rainbow Court), the
color of the backup generator, vandalism at the site (graffiti and loitering), and defensible space
over the whole parcel.
The discussion then shifted towards mitigation opportunities on the sites and next steps in the short
and long-terms.
P.O.Box 309—Truckee,CA 96160—Phone 530-587-3896—www.tdpud.org
Short term actions included:
• A lease extension with the California Highway Patrol (CHP) on the radio building and
antenna site to allow the TDPUD and the CHP time to negotiate a long-term lease renewal.
• CHP to investigate the history of the Beacon (FAA or FCC requirement?) and possible
mitigations for the visual impacts including shielding. The results of this effort will be
reported back to the TDPUD and tank site neighbors.
• TDPUD (with support from the CHP/California Department of General Services) to create a
site improvement plan which will address the radio building fence, beacon, painting of
selected structures, possible surveillance options, landscaping, defensible space, and
paving a portion of the access road. A draft of this site improvement plan will be provided to
the tank site neighbors for review and comment.
• Implementation of site improvement plan.
Long term actions included:
• Replacement of the TDPUD hydro-pneumatic pumps and building which are currently
undersized for the application. This facility will likely be re-located on the site.
• Need for a TDPUD district-wide process for addressing encroachments on TDPUD
property. This will require TDPUD board action.
There was discussion of how best to communicate with the TDPUD Ponderosa Palisades tank site
neighbors regarding this facility. It was agreed that the most effective means of communication
would be via US Postal mail.
The TDPUD is committed to working closely with you regarding this site and any impacts on the
community. We welcome your feedback and comments and will follow-up soon with information on
the radio tower beacon and the draft site improvement plan.
In the meantime, feel free to contact us if we can be of any assistance.
Regards,
Steven Poncelet
Public Information and Conservation Manager
Truckee Donner PUD
530-587-3896
stevenponcelet@tdpud.org
P.O.Box 309—Truckee,CA 96160—Phone 530-587-3896—www.tdpud.org
Truckee Donner Public Utility District
Directors
Joseph R. Aguera
J. Ron Hernig
Patricia S. Sutton
Tim Taylor
Bill Thomason
General Manager
Michael Holley
July 11, 2008
Dear Ponderosa Palisades Tank Site Neighbor:
The District is actively working on a site improvement plan with the California Department of General
Services/California Highway Patrol. The main aspects of the improvement plan are as follows:
Truckee Donner PUD
Paving a portion of the driveway access at Rainbow Court
Painting the back-up generator to match the tank/building color schemes
Painting over the graffiti on the tank
• Installing landscape screening
Creating defensible space
• Exploring security for the site
California Highway Patrol
• Replacing/repairing the fence
• Keeping the building colors neutral
• Painting the antenna in the appropriate colors
• Clarifying the existence of the beacon
• Clarifying radiation emissions
Attached is a copy of the FAA findings on the beacon and a brief paragraph on the radiation emissions
from the antenna.
Please feel free to contact me if you have any questions.
Kathleen Neus
Technical Programs Administrator
Truckee Donner PUD
(530) 582-3922
kathyneus@tdpud.org
P.O. Box 309—Truckee,CA 96160—Phone 530-587-3896—www.tdpud.org
JUL-02-2008 14:12 _ DEPT GENERAL SERVICES 916 375 4029 P.02i05
Federal Aviation Administration AERONAUTICAL STUDY
Western/Pacific Region, AWP-520 No: 01-AWP-3691-OE
P. O. Box 92007 PRIOR STUDY
Los Angeles, CA 90009 No: 01-AWP-1912-0E
ISSCED DATE: 09105101.
GLEN S_ HASH
STATE OF CALIFORNIA
601 SEQUOIA PACIFIC BLVD.
SACRAMENTO, CA 95814-0282
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has completed an aeronautical study
under the provisions of 49 U.S.C. , section 44718 and, if applicable,
Title 14 of the Code of Federal Regulations, part 77, concerning;
Description; ANTENNA TOWER
30-50 MHZ; 138-174; 450-512; 806-869 & 0 .5
Location: TAUCKEE CA
Latitude: 39-19-10 .20 NAD 83
Longitude: 120-11-03 . 10
Heights: 80 feet above ground level. (A.GL)
6361 feet above mean sea level (AMSt)
This aeronautical study revealed that the structure does exceed
obstruction standards but would not be a hazard to air navigation
provided the following condition(s) , if any, is (are) met:
-As a condition to this determination, the structure should be marked
and/or lighted in accordance with FAA. Advisory Circular 70/7460-1K,
Obstruction Marking and Lightirsg, Chapters 3 (Marked) , 4, 5 (Red) , & 12 .
This determination expires on 03/05/02 unless:
(a) extended, revised or terminated by the issuing office or
(b) the construction is subject to the licensing authority of
the Federal Communications Commission, (FCC) a*4 an application
for a construction_ permit has been filed, as required by the FCC,
within 6 months of the date of this determination. In such case
the determination expires or, the date prescribed by the FCC for
completion of construction or on the date the FCC denies the
application.
This determination is based, in part, on the foregoing description which
includes specific coordinates, heights, freguency(ies) and power. Any
changes in coordinates, heights, frequency(is s) or use of greater power
will void this determination_ Any future construction or alteration.,
including increase in, heights, power, or the addition_ of other 4
transmitters, requires separate notice to the FAA,
JUL-02-2008 14:12 DEP7 GENERAL SERVICES 916 375 4029 P.03i05
This determination does include temporary construction equipment such as
cranes, derricks, etc. , which may be used durir� actual construction
of the structure . However, this equipment shallnot exceed the overall
heights as indicated above. Equipment which has a height greater than the
studied structure requires separate notice to the FAA.
This determination concerns the effect of this structure on the safe and
efficient use of navigable airspace by aircxaft a_nd does not relieve the
sponsor of compliance responsibilities relating to any law, ordinance, or
regv,lation of any Federal., State, or local government body
A copy of this determination will be forwarded to the Federal Communications
Commission if the structure is subject to their licensing authority.
if we can be of further assistance, please contact our office at
310 725-6557, on any future correspondence concerning this matter,
please refer to Aeronautical Study Number O1-AWP--3691-OE.
4
-ad Mc Dona (Eao)
Ka
Specialist, AixrSpace Branch
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JUL-02-2009 14:12 DEPT GENERAL SERVICES 916 3?5 4029 P.04i05
uNITED STATES OF AMERICA
s
FEDERAL COMMUNICATIONS COMMISSION
ANTENNA STRUCTURE REGISTRATION
owner. calif ornia, 'Skate of,
Registration Number.
Califocnia, State of 122690e
50l Sequoia Pacific H1Vd
Sacramento, CA 95814-0282
Issue 0.01!C
10-01-2001
Location of Antennc structure: Ground 914vorion rAM$Q:
Ski Taw Hill -91 -? meters
Z`r uCkeL r CA Overall Height Above Ground(AGL):
24.4 metes
:.overall Height Above.Meanlea
Longitude Latitude Level iAMSQ:
39-19-10.2N. . 120-11-3.1W NAD83 1938.7 meters
PaIMMg and lighting Reclulrements:
FAA Chapters 3, 4, S, 12
Pant and Light in ACC Cda-nce with FAA Circular Dumber 7c/7460�-ix
5peclal�Conditions: •
.This registration is eif.eative. •upo.n ,completion -of the described onTenntr structure and notification to the
Commission, YOU MUST NOTIFY THE C'oMMISSION WITHIN 24 4CLURB OF COMP MOON OF-CONSTRUCTION OR
CANCELLATION OF.-YOUR PROJECT. Use FCC Form S34, To:tile eiecironicolly, connect to fie antenna structure
registration system by pointing your web brawcer to http;iiwww:fc,c.govlwtblantenno. Electronic filing it
recommended. you may also file manually by subrnitting.o paper copy of FCC Forrn•854. Use purpose code°NT° s
for notification of corF►pletion of construction;use purpose code"CA'.TO cancel your rey'istrotldn.
The Antenna Structure Reglstroflon is`not an authorization to construct radio facilities or transmit radio signals. It Is
necessory Thal oi:radio equWrnent on this structure be covered by a valid FCC license or construction.permlt. s
You Irmust im'm6dictefy pr6vida a copy of this Regirim ion to all tehan! Iic m.80ss and pertnih'eet shod on the
slYUclur* described on this Regisfsotian (although not required, you may;?want to use Cortified Mail to-obtain proof
of recei", and display.your Registration Number at the site_ Son reverse tar important information about the
Cornrni sionk AMerina Structure Registration rules',
14
FCC SUR
July t 999
3LiL-02-2888 14:12 I3EPT GENERAL SERVICES
916 375 4029 P.05/05
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you must comply with all applicable FCC obstruction morning and lighting requirements. as set forth in Part '7 of
the Cornmisston,s Rules(47 C.F,V,Port 17), These rules-include,but are not Ilrnited to:
. Posting the Registration Number- The Antenna Structure Registration Number must be dispiaved in v
conspicuous piatO so that it is readily visible near the base of the antenna structure- Materials used to
ciisplay'rhe Reglstrarlon Number must be weather-resistant and of Sufficient size to be easily seen at the
base of the antenna structure. Exceptions exist for certoin historic structures. See 47 C.F.R. 17.8(g)•(?*
inspecting lights and equipment. The obstruction lighting must be observed at least every 24 hours in order
to detect any outages or malfunctions. Lighting equipment, indicators, and associated devices must be
inspected at least once every rhr®e months,
s RepoAing outages and rnctfunctions; when env top .teddy punning light or a flashing light tin an��
position) burns out or malfunctions, the ouroge must be reported to the nearest FAA Flight Service Station,
unless corrected within 30 rnlnutes. The FAA must again be notified when the light is restored.The owner
must also maintain a log of rhese outages and rrolfunctions.
. maintaining assigned painting. The antenna structure must be repainted Cis often as necessary to maintain
good visibility.
. Complying with environmental rules: If You certified that Brant of this registration would not have a
signiticonT environmental impact, you must neveftneiess maintain oil pertinent records and be ready to
provide documentation supporting this certification and compliance with the rules, in the evert that such
information is requested by the Commission pursuant to 47 C,F.R 1.1307(d).
• updating information: The owner must notliy the FCC of propot6d modifications to this structure; of any
change in ownership:or. within 30 days of dlimonilarnent of the structure,
Copies of the Code of Federal Pegu►ations(which contain the FCC's antenna structure registration rules. 47 C.F.R.
Part 17) ofe avollable from the Govefnmeni Printing Office (GPO). To purchase CFR volumes, call (202) 512.1800,
for GPO Customer Service,call (202)512.1803. For additional FCC information,consult the Antenna Homepage on
the Internet at http://www.fcc.govlwtb/antenna of call the FCC's Notionai Call Center aT 1-M-CALLFCC
(1.88$-225-6322).
We have wtimoted the third party burden requirement associated with this collection to be 1 hour. This
requirement has been Identified under OMB control number of 3060-0139,
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FCC SSM
July 1999
Background
FCC policy on Human Exposure to Radiofrequency Electromagnetic Fields
The FCC is required by the National Environmental Policy Act of 1969 to evaluate the
effect of emissions from FCC-regulated transmitters on the quality of the human
environment. At the present time there is no federally-mandated radio frequency
(RF) exposure standard. However, several non-government organizations, such as
the American National Standards Institute (ANSI), the Institute of Electrical and
Electronics Engineers, Inc. (IEEE), and the National Council on Radiation Protection
and Measurements (NCRP) have issued recommendations for human exposure to RF
electromagnetic fields. The potential hazards associated with RF electromagnetic
fields are discussed in OET Bulletin No. 56, "Questions and Answers About the
Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields."
The Department of General Services Telecommunications Division (GDS/TD) is
responsible for the State's existing Public Safety Network System (PSNS), used
to support all types of radio, digital, microwave, and fiber optic communications of
the State of California. Communication equipment installed by the State is
engineered to FCC standards. Copies of FCC Licenses and
construction/building permits for Ski Tow communications tower and microwave
equipment are available from the State of California DGS/TD upon request. The
output power at the Ski Tow communications facility does not exceed that
specified on FCC License. The State has not installed any equipment at the Ski
Tow communications facility without FCC type acceptance, or without following
FCC guidelines for safety. The State has no equipment at Ski Tow that does not
conform to FCC rules and regulations.
Jim Pratt, Senior Telecommunications Engineer
State of California, Department of General Services
601 Sequoia Pacific Blvd.
Sacramento, CA 95811
(voice) 916-657-9196
(FAX) 916-657-9233
jim.Pratt@ dgs.ca.aov
DEPARTMENT OF GENERAL SERVICES
STATE OF CALIFORNIA REAL ESTATE SERVICES DIVISION
TELECOMMUNICATIONS GROUND LEASE
File No.: 1718-001
=SEC-URITY
EMISES LOCATED AT Project No.:124090
L, NEVADA COUNTY
I.Q..NO. LESSOR:TRUCKEE DONNER PUBLIC
Y No. UTILITY DISTRICT, a California Public Utility
94-6001449 District
TENANT AGENCY
California Highway Patrol
FIRST AMENDMENT TO LEASE
This First Amendment (the "First Amendment') to that certain Lease dated June 1, 1998 by
and between TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a California Special District,
hereinafter called LESSOR, and the State of California, acting by and through the Director of the
Department of General Services, on behalf of the California Highway Patrol, a California government
entity hereinafter called LESSEE; (collectively, the "Parties"), is made and entered into as of the latter
signature date hereof.
RECITALS
WHEREAS, LESSOR owns a certain parcel of land APN 19-300-51 located at the apex of the
Ponderosa Palisades Unit No. 4 housing development more commonly known to LESSOR as Ski Tow
Hill ("Ski Tow Hill"); and
WHEREAS, LESSOR and LESSEE entered into the Lease for the use of a certain portion of
Ski Tow Hill as a telecommunications facility; and
WHEREAS, LESSOR and LESSEE now desire to modify the Term of the Lease ("Modified
Term"); and
WHEREAS, the Parties agree that as consideration for LESSEE's Modified Term, the current
Rent payable under the Lease shall be increased as set forth herein.
NOW THEREFORE, in consideration of the foregoing promises and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto agree as follows:
1) LESSOR and LESSEE agree and acknowledge that the Term defined on Page 1 of the Lease
as "ten (10) years" shall be deleted and replaced with "eleven (11) years, two (2) months,
expiring July 31, 2009," (the "Modified Term").
2) Effective upon June 1, 2008 Rent payable under Paragraph 4, Rent, shall be increased to One
Thousand and 00/100 Dollars ($1,000.00) per year, payable annually in advance ("Increased
Rent"). The Increased Rent for any fractional part of the year at the beginning or end of the
Term shall be appropriately prorated as Eighty-Four Dollars ($84.00) per month.
3) The Notice addresses for the Parties set forth in Paragraph 16, Miscellaneous, Part (c), shall
1 CHP-Ski Tow Hill Lease draft 6/3/08
be deleted and replaced with the following addresses:
To LESSOR: Truckee Donner Public Utility District
Post Office Box 309
Truckee, CA 96160
Attn: General Manager
Phone: (530) 587-3896
FAX: (530) 587-1189
To LESSEE: State of California
1)
Department of General Services
Real Estate Services Division
Lease Management, A 1718-001
707 Third Street, 5th Floor
West Sacramento, CA 95605-2811
Telephone: (916) 375-4171
Facsimile: (916) 375-4173
2)
Department of General Services
Attn: Telecommunications Site Management
601 Sequoia Pacific Boulevard
Sacramento, CA 95814-0282
Telephone: (916) 657-9327
Facsimile: (916) 657-9233
3)
California Highway Patrol
Office of Administrative Services
Telecommunications Section
P.O. Box 942898
Sacramento CA 94298-0001
Telephone: (916) 375-2900
Facsimile: (916) 375-2906
4) Capitalized terms contained herein, unless otherwise defined, are intended to have the same
meaning and effect as that set forth in the Lease.
5) All other terms and provisions of the Lease remain in full force and effect.
[SIGNATURES APPEAR ON THE NEXT PAGE]
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
2 CHP-Ski Tow Hill Lease draft 6/3/08
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this First Amendment
to that certain Lease as of the date written below.
STATE OF CALIFORNIA: LESSOR:TRUCKEE DONNER PUBLIC UTILITY
DISTRICT, a California Public Utility District
DIRECTOR OF THE DEPARTMENT
OF GENERAL SERVICES
By gY
TONY PSIHOPAIDAS, Manager Michael D. Holley, General Manager
State Owned Leasing and Development
Date Signed: Date Signed:
APPROVAL RECOMMENDED:
DEPARTMENT OF GENERAL SERVICES
REAL ESTATE SERVICES DIVISION
By
BETH BLAIR, Senior Real Estate Officer
Date Signed:
3 CHP-Ski Tow Hill Lease draft 6/3/08
This communications site lease agreement ("lease") dated as of 1998, is
between the State of California, acting by and through the director of the department of
General Services (Tenant Agency, California Highway Patrol), whose address is
California Highway Patrol(Telecom Section), P.O. Box 942898, Sacramento, CA 94298
('lessee's, and the Truckee Donner Public Utility District, a California special district
(`lessor") whose address is Post Office Box 309, Truckee, California 96160.
The parties hereto agree as follows:
1. Premises. Lessor owns the real property described in Exhibit "A" commonly
known as APN 19-300-51 located in Truckee, Nevada County, California
(lessor's property"). Subject to the following items and conditions. Lessor leases
to lessee that portion of lessor's property depicted in Exhibit "B" including any
applicable non-exclusive easements for access and utilities (the "premises").
2. Use. The premises may be used by lessee for a communication center
consisting of a 30-foot by 12-foot by 10-foot fiberglass building, together with the
necessary appurtenances thereto, including one 60-foot steel self-supporting
tower and two 50-foot wood poles, and the construction, maintenance and
operation of related communications facilities. .
3. Term. The term of this permit shall be ten (10)years and may be cancelled by
either party attar five{ }years;„ ar�y r$asen; upon giving one (1) year advance
written notice. e} ,
4. Rent. Upon commencement date, lessee shall pay lessor, as rent, the sum of
fifty dollars ($50) rent per month. Rent shall be payable on the first day of each
month in advance, to lessor's address specified in Paragraph 18, Miscellaneous.
if the commencement date is other than the first day of the calendar month,
lessee may pay on the first day of the term the prorated rent for the remainder of
the calendar month in which the term commences and thereafter, lessee shall
pay a full month's rent on the first day of each calendar month, except that
payment shall be prorated for the final fractional month for which rent should
have been paid.
5. Improvements—Access
(a) Lessor shall provide access to lessee, lessee's employees, agents,
contractors and subcontractors to the premises twenty-four(24) hours a
day, seven (7) days a week, at no additional charge to lessee. Lessor
represents and warrants that it has full non-exclusive rights of ingress to
and egress from the premises and hereby grants such rights to lessee to
the extent required to construct, maintain, install and operate lessee's
facilities on the premises. Lessee's exercise of such rights shall not cause
undue inconvenience to lessor or lessor's agents, contractors, assigns or
tenants.
1
(b) Lessor shall maintain all existing access roadways from the nearest
public roadway to the premises in a manner sufficient to allow access.
Lessor shall be responsible for maintaining and repairing such roadways,
at its sole expense, except for any damage caused by lessee's use of
such roadways. If lessee causes any such damage, it shall promptly
repair same. Lessee hereby acknowledges that at certain times the
premises will experience heavy snow accumulations. Lessor shall not be
required to immediately clear the access road of the accumulated snow,
however, lessor will make reasonable efforts to clear the access road as
soon as reasonably feasible.
(c) Lessee shall fully and promptly pay for all utilities furnished to the
premises for the use, operation and maintenance of lessee's facilities.
(d) Lessee shall remove all lessee's facilities at its sole expense on the
cancellation, expiration or early termination of this lease. Lessee shall
repair any damage to the premises caused by such removal and shall
return the premises to the condition which existed on the commencement
date, reasonable wear and fear and damages beyond the control or
without the fault or neglect of lessee excepted. .
(e) Prior to commencing construction of the addition of equipment or
substantial modification of lessee's facilities, lessee shall obtain lessor's
approval of lessee's plans and specifications, which approval shall not be
unreasonably withheld or delayed. Lessor shall give such approval or
provide lessee with its requests for changes within sixty (60) calendar
days of lessor's receipt of lessee's plans. If lessor does not provide such
approval or request for changes within such sixty (60) calendar day
period, it shall be deemed to have approved the plans. Lessor shall not
be entitled to receive any additional consideration in exchange for giving
its approval of lessee's plans. Upon lessor's expressed or deemed
approval of the plans, lessee shall be entitled to commence and complete
construction of lessee's facilities on the premises as contemplated by
lessee in accordance with the plans.
(t) Lessor reserves the right to enter the premises for emergency
purposes if lessee's facilities pose a hazard to lessor's facilities, public
health and safety. Lessee shall provide keys to the premises for said
emergency purposes.
6. interference with Communications. Lessee's facilities shall not disturb the
communications configurations, equipment and frequency which exist on lessor's
property on the commencement date ("pre-existing communications") and
lessee's facilities shall comply with all non-interference rules of the Federal
Communications Commission.
7. Taxes. Lessee shall pay personal property taxes assessed against lessee's
facilities and lessor shall pay, when due, all other taxes, fees and assessments
attributable to the premises and the lease.
2
8. Termination. This lease may be terminated without further liability on thirty
(30) days prior written notice as follows:
(a) By either party upon a default of any covenant, condition or term
hereof by the other party, which default is not cured within sixty(60) days
to receipt of written notice of default.
(b) By lessee if it does not obtain or maintain, license, permits or other
approvals necessary to the construction or operation of lessee's facilities.
(c) By lessee if lessee is unable to occupy or utilize the premises due to
ruling or directive of the FCC or other governmental or regulatory agency,
including but not limited to a fake-back of channels or change in
frequencies.
(d) By lessee if lessee determines that the premises are not appropriate
for its operations for economic, environmental or technological reasons,
including without limitation, signal strength or interference.
9. Relocation. Subject to the other provisions of this lease, in the event lessor
desires to redevelop, modify, remodel or in any way alter its property and any
improvements thereon ("redevelopment'), lessor shall in good faith use its best
effort to fully accommodate lessee's continuing use of the premises. Should any
nt necessitate the relocation of the premises or lessee's
proposed redevelopme
facilities, and/or any alterations to
lessee's facilities, lessee shall relocate or
make the necessary alterations, at lessor's sole cost, expense and risk, provided
however, that lessor has provided lessee with no less than one year prior written
notice of lessor's proposed redevelopment. Upon demand from lessee, lessor
shall reimburse lessee for any reasonable costs or expenses arising out of or
associated with such relocation or alteration..
10. Destruction of Premises. If the premises or lessor's property is destroyed or
damaged so as in lessee's judgment to hinder its effective use of lessor's
property, lessee may elect to terminate the lease as of the date of the damage or
destruction by so notifying lessor no more than thirty(30) days following the date
of damage or destruction. In such event, all rights and obligations of the parties
which do not survive the termination of this lease shall cease as of the date of the
damage or destruction.
11. Condemnation. If a condemning authority takes all of lessor's property or a
portion which in lessee's opinion is sufficient to render the premises unsuitable
for lessee's use, then this lease shall terminate as of the date when possession
is delivered to the condemning authority. In any condemnation proceeding each
party shall be entitled to make a claim against the condemning authority for just
compensation (which for lessee shall include the value of lessee's facilities,
moving expenses, prepaid rent, business dislocation expenses, bonus value of
the lease and any other amounts recoverable under condemnation law). Sale of
all or part of the premises to a purchaser with the power of eminent domain in the
3
face of the exercise of its power of eminent domain shall be treated as a taking
by a condemning authority.
12. Insurance
(a) Lessor understands and agrees to the following. The State of
California has elected to be insured for its motor vehicle and general
liability exposures through a self- insurance program. The State Attorney
General administers the general liability program through an annual
appropriation from the General Fund. The office of Risk and Insurance
management administers the motor vehicle liability program.
Under this form of insurance, The State and its employees (as defined in
Section 810.2 Government Code) are insured for any tort liability that may
develop through carrying our official activities, including
1aSt tarise by official
operations on non-State owned property.
reason of such operations or under an official contract or license
agreement, they should be referred to the AttorneyGeneral,
Sacramen of t
o,
California, Tort Liability Section, 1515 K Street, Suite 511
California 95814. Claims arising from operations of a State-owned
vehicle should forwarded
the
office
ef Risk and Insurance
management, Auto Self-insurance, 25 J StreetSuite
Sacramento, California 95814.
(b) The State of California warrants that it has entered into a master
on Insurance Fund
Agreement compensation benefitsate or all o
administer
workers' comp p State employees, as required by
the Labor Code
(c) Lessee shall defend, indemnify, hold and save lessor harmless from
and against any and all loss, cost, liability or damage (including
reasonable attorney's fees and court costs) arising by reason of the willful
misconduct or negligence of lessee or its officers, agents or employees in
connection with the premises.
(d) Lessor shall defend, indemnify, hold and save lessee harmless from
and against any and all loss, cost, liability or damage (including
reasonable attorneys'fees and court costs) arising out of or in connection
with premises, except to the extent arising out of the willful misconduct or
negligence of4es8ee oraessee's officers, agents or employees.
(e) The foregoing indemnity in (c) and (d) will survive the termination,
cancellation or expiration of this lease.
13. Assignment.
(a) Except as provided in Sections 14 (b) and (c) below, Lessee may not
assign, sublet or otherwise transfer all or any part of its interest in this
4
lease or in the premises; however, lessee may assign its interest to its
parent company, any subsidiary or affiliate or to any successor-in-interest
or entity acquiring 51% or more of its stock or assets with prior written
consent of lessor.
(b) The parties recognize that the State has sublet a portion of the
premises to Pacific Bell Telephone Company. The State agrees to share
with Lessor fifty (50) percent of the rent paid by Pacific Bell Telephone
Company.
(c) The parties further recognize that the State has sublet a portion of
premises to other state agencies. The parties agree that said agencies
are provided space within the facilities owned by the State as a public
service and will not be charged any rent.
14. Title and Quiet Enjoyment.
(a) Lessor warrants that it has full right, power and authority to execute
this lease; lessor further warrants that lessee shall have quiet enjoyment
of the premises during the term of this lease or any renewal term.
(b) Lessee has the right to obtain a title report or commitment for a
leasehold title policy from a title insurance company of its choice. if, in the
opinion of lessee, such title report shows any defects of title or any liens
or encumbrances which may adversely affect lessee's use of the
premises, lessee shall have the right to terminate this lease immediately
upon written notice to lessor.
15. Environmental. Lessor represents that neither lessor's property nor the
premises have been used for the generation, storage, treatment or disposal of
hazardous materials, hazardous substances or hazardous wastes. In addition,
lessor represents that no hazardous materials, hazardous substances,
hazardous waste, pollutants, asbestos, polychlorinated biphenyls (PCBs),
petroleum or other fuels (including crude oil or any fraction or derivative thereof)
or underground storage tanks are located on or near lessor's property or the
premises. Notwithstanding any other provision of this lease, lessee relies upon
the representations stated herein as a material inducement for entering into this
lease. Lessee shall not bring any hazardous materials onto the premises.
16. Miscellaneous
(a) If any provision of this lease is invalid or unenforceable with respect
to any party, the remainder of this lease or the application of such
provision to persons other than those as to whom it is held invalid or
unenforceable, shall not be affected and each provision of this lease shall
be valid and enforceable to the fullest extent permitted by laws.
5
(b) This lease shall be binding on and inure to the benefit of the
successors and permitted assignees of the respective parties.
(c) Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, confirmed fax or
reliable overnight mail to the address of the respective parties set forth
below.
Lessor: Truckee Donner Public Utility District
Post Office Box 309
Truckee, California 96160
Attn:Peter L. Holzmeister, General Manager
Telephone: (530) 582-3916
Fax: (530) 587-1189
Lessee: Califomia Highway Patrol Department of General
Telecom Section Services
Real Estate Services Div.
P.O. Box 942898 400 R Street, Suite 5000
Sacramento, Califomia 994298 Sacramento, CA 95814
Lessor or Lessee may, from time to time, designate any other address for
this purpose by written notice to the other party.
(d) This lease shall be governed under the laws of the State of California.
(e) The substantially prevailing party in any legal claim arising hereunder
shall be entitled to its reasonable attorney's fees and court costs,
including appeals, if any.
(0 Terms and conditions of this lease which by their sense and context
survive the termination, cancellation or expiration of this lease will so
survive.
(g) Upon request, either party may require that a memorandum of lease
be recorded.
6
(h) This lease constitutes the entire lease and understanding between
the parties and supersedes all offers, negotiations and other leases
concerning the subject matter contained herein. There are no
representations or understandings of any kind not set forth herein. Any
amendments to this lease must be in writing and executed by both
parties.
In witness whereof, the parties have executed this lease as of the date first above
written.
LESSOR, Truckee Donner Public Utility District; a California Special District
J
;�""'t Sys �� �l✓ '-/
Peter L. Holzmeister, General Manager
Date: .
Attest
Susan M. Craig, Deputy District Clerk
LESSEE, State of-,California
David B. Garcia, eal Estate Officer
Department of General Services, Real Estate Services Division
Date:
Approved: f r x-:
Department of ne IS es, Real Estate Services Division
Date:
smc
4/22/98
Agree/CHP
7
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LOCATION:-- -7- \,V N/4-4- DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL
79 DRN. BY:
PROJECT: FACILITIES SECTION