HomeMy WebLinkAbout99, Use of City Property by 3 Rivers PCS, Inc
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LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
BY 3 RIVERS PCS, INC.
THIS LICENSE AGREEMENT is an agreement between the City of Bozeman, (the .~
"City") and 3 Rivers PCS, Inc., d/b/a, 3 Rivers Wireless, ("3 Rivers").
Whereas, the City is the owner of the water tank located on Kenyon Drive, in the
City of Bozeman; and
Whereas, 3 Rivers provides telecommunication services for the community of
Bozeman; and
Whereas, the City recognizes the benefits to the City and to the citizens of
Bozeman of the services provided by 3 Rivers;
Now therefore, in consideration of 3 Rivers' promises herein, the City hereby gives
permission, revocable and terminable as hereinafter provided, to 3 Rivers to use the water
tank located on Kenyon Drive in the City of Bozeman, during the period commencing
Januarya., 1999 until January \!>, 2004 on the terms and conditions as set forth below,
which 3 Rivers promises to comply with and abide by:
1 . This permission is given to 3 Rivers as an accommodation to 3 Rivers, and for an
annual fee of six thousand dollars ($6,000.00), payable on or before January 30th
of each year during the term of this agreement. As a further consideration, 3
Rivers agrees to provide thirty (30) cellular telephones to the City, and 300 minutes
of no cost air time each month which will be grouped among all thirty phones. 3
Rivers acknowledges the title of the City to the above described property and
agrees never to deny such title or claim, at any time, any interest or estate of any
kind or extent whatsoever in the property by virtue of this agreement or its
occupancy or use hereunder.
2. 3 Rivers shall exercise its privilege at its own risk and agrees to indemnify and hold
harmless the City from any and all liability, loss, or damage the City may suffer as
a result of claims, demands, cost or judgment against it, arising out of or in
anyway connected with the occupation or use of the property by 3 Rivers, or its
members, employees, guests, or invitees.
3. 3 Rivers will not assign or transfer this agreement or sublet all or any portion of the
site without the prior written consent of the City I which consent will not be
unreasonably withheld.
4. 3 Rivers shall maintain liability insurance insuring the City and 3 Rivers against loss
and liability for damages for personal injury, death, or property damage arising out
of or in connection with the use of the property by 3 Rivers. In addition, the policy
or policies shall contain a provision that no cancellation thereof shall be effective
by the insurer without 30 days prior written notice to the City and 3 Rivers.
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5. The placement of all telecommunications facilities on City-owned property
must comply with the following requirements:
A. The telecommunications facilities will not adversely interfere with the
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purpose for which the property is intended: 3 Rivers' access to the facilities
will not increase the risks of contamination to the City's water supply; the
presence of the facilities will not increase the water tank maintenance cost
to the City; and the presence of the facilities will not harm the health of
workers maintaining the water tank.
B. The right to this license shall be contingent upon the fulfillment of all general
and special conditions imposed by the conditional use procedure.
C. All work at the site must be properly scheduled with the City. Tank
penetration and reinforcement requirements established by a professional
design must be adhered to. The location and placement of cables shall be
designed to reduce interference with future maintenance and painting
requirements, and verified to prevent sanitary, safety, or personnel hazards.
Brackets, if any, shall be mounted in such a manner so as to prevent failure,
and shall not cause damage to the tank.
D. In addition to all other requirements, 3 Rivers shall ensure that any antenna
affixed to the water tank shall be color matched with the tank, and shall be
profiled at or below the top of the tank.
E. Following installation of the monopole tower and/or antennas to be mounted
on the City's water tank, entry into the enclosed area surrounding the tank
shall be restricted to City personnel only. 3 Rivers may, at its own expense
and subject to preapproval by the City, construct a separate enclosure
within the existing enclosed area with a separate external access to
facilitate a preferred locale for base station equipment, provided that the
restricted access to the area surrounding the tower is not compromised.
F. 3 Rivers may, at its own expense, make such improvements on the site as
necessary from time to time for the operation of a transmitter site for
wireless and voice data communication. Access to the water tank must be
coordinated with the City of Bozeman. Any improvements or modifications
required for installation or operation of equipment, as well as utility
provisions and service, must conform to applicable specifications, codes and
all standard engineering requirements, in addition to all terms of this license.
G. Maintenance of the water tank by the City of Bozeman will be coordinated
with 3 Rivers. City needs and maintenance requirements will supercede all
other considerations. In the event maintenance or other requirements
involve removal or impact of 3 Rivers' antenna, 3 Rivers may affix such
antenna to another pole on a temporary basis to avoid disruption of
telecommunication service.
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H. 3 Rivers will resolve technical interference problems with other equipment
located at the site on the commencement date or any equipment that
becomes attached to the site at any future date when 3 Rivers or any other
party desires to add additional equipment to the site.
6. Upon reasonable notice, telecommunications facilities may be required to be
removed at 3 Rivers' expense. The City reserves the right to revoke or terminate
this license at any time by giving 3 Rivers such notice. Upon revocation, the
surrender or termination of the permission hereby given, 3 Rivers shall, within a
reasonable time, quietly and peacefully surrender the portion of premises occupied
by 3 Rivers in good condition as the same were at the time the use commenced by
3 Rivers. Upon request, the City will consider any factors or issues related to a
surrender or termination which 3 Rivers may provide.
7. 3 Rivers shall at all times exercise due diligence in the protection of the City of
Bozeman's property against damages.
8. Any amendment or modification of this agreement or any provision herein shall be
made in writing or executed in the same manner as the original document and shall
after execution become part of this agreement.
In witness, whereof, r have hereunto set my hand this \'5~ day of ~--1-'
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City 0 Bozeman
Clark Johnson, City Manager
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