MONTARA MOUNTAIN – NORTH PEAK
COMMUNICATIONS SITE LICENSE
COUNTY AGREEMENT REF NO. 5412
PACIFICA POLICE DEPARTMENT AGREEMENT
This LICENSE (the “License”) is dated for reference purposes as of January 1, 2025, and is by and between the COUNTY OF SAN MATEO, a political subdivision of the State of California (“County” or “Licensor”), and the CITY OF PACIFICA, a municipal corporation (“Licensee”). County and Licensee sometimes collectively are referred to in this License as the “Parties” or singularly as a “Party.”
RECITALS
A. The City and County of San Francisco, a municipal corporation (“City” or “Landlord”), acting by and through its Public Utilities Commission (“SFPUC”), owns a portion of Assessor’s Parcel No. 093-030-050 located in City’s Peninsula Watershed and more commonly known as Montara Mountain – North Peak, in unincorporated San Mateo County, California, including all appurtenances and improvements erected or placed on such parcel (“Property”).
The Property is described in and/or shown on Exhibit A to the Lease (defined in Recital B below) and is under the jurisdiction of City’s SFPUC.
B. City, as landlord, and County, as tenant, entered into that certain Communications Site Lease (SFPUC L4507), dated as of June 1, 2022 (as amended or modified, the “Lease”), for the lease of an approximately 40,000 square foot portion of the Property (also known as SFPUC Parcel No. 31) (“Premises”). A copy of the Lease has been provided to Licensee by County. The Premises is more particularly described on Exhibit B to the Lease. Exhibit B to the Lease depicting the County’s leased Premises is reshown for convenience and attached as Exhibit 1 to this License.
C. County uses the Premises for the installation, maintenance, repair, replacement, and operation of a communications site for the transmission and reception of radio communication signals.
D. Licensee engages in communications operations and desires to use and license a portion of the Premises from County for communications activities consistent with the Permitted Use described in the Lease.
E. County and Licensee now desire to enter into this License on the terms and conditions set forth more particularly below.
F. Capitalized terms used but not defined in this License shall have the respective meanings given in the Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Licensee agree as follows:
AGREEMENT
1. License and Term
1.1. License and Use. County hereby confers upon Licensee a revocable, personal, non-exclusive privilege to enter upon the Property and use a portion of the Premises consisting of the following: (a) approximately four (4) square feet of space in the vault (also called the “shelter” or “shed” herein) for a portion of one (1) radio equipment rack (shared with the Fire JPA), as shown on the attached Exhibit 2 (the “Vault Layout Floor Plan”), (b) space on the 80-foot tower for one (1) antenna (as shown on Exhibit 5 as Antenna No. 12), and (c) space for “Permitted Improvements” as defined hereinbelow (such portions of the Premises collectively referred to as the “License Area”), for the limited purpose and subject to the terms, conditions, and restrictions set forth below. This License gives Licensee a license only and, notwithstanding anything to the contrary in this License, this License does not constitute a grant of any ownership, leasehold, easement, or other property interest or estate whatsoever in the License Area or the Premises, or any portion of the Property.
1.2. Term. The term of this License (“Term”) shall commence on January 1, 2025 (“Commencement Date”), and shall automatically end on the earliest to occur of the following: (i) ninety (90) days after written notice to terminate by either Party to the other Party pursuant to Section 9 of this License; (ii) eight (8) years after the Commencement Date (“Expiration Date”); or (iii) the expiration or termination of the Lease. Notwithstanding the foregoing: (1) Licensee may request to renew the License upon a ninety (90) day written notice prior to the expiration of any then-current term if the term of the Lease between City and County has been extended; and (2) Licensee may hold possession of the License Area with County’s written consent pursuant to Section 1.4, Holding Over.
1.3. No Right of Renewal. This License shall automatically terminate without any residual rights of renewal at the end of the Term, or sooner as set forth in Section 9 below and Section 1.2 above. Notwithstanding the forgoing, (1) if the term of the Lease between City and County has been extended, County and Licensee may extend the Term of this License by mutual written agreement; and (2) Licensee may hold possession of the License Area with County’s written consent pursuant to Section 1.4, Holding Over.
1.4. Holding Over. In the event that Licensee, with County’s written consent, holds possession of the License Area or any portion thereof after the date upon which the License Area is to be surrendered, Licensee’s use and occupancy will continue from month-to-month, at will, until terminated by County or Licensee pursuant to Section 9, Termination, Default, and Remedies. Nothing in this Section
1.4, Holding Over, is to be construed as consent by City or County to the
occupancy or possession of the Premises by Licensee after the expiration of the term or any extension thereof.
1.5. Permitted Use. Licensee shall use the License Area only for the installation, construction, removal, replacement, maintenance, and operation of a wireless communication site utilizing the existing and the proposed rack, radio, and antenna equipment as shown on the attached Exhibit 5 (“Equipment”), and the Permitted Improvements shown in Exhibit 4.
Licensee acknowledges that, subject to Section 3.5 (Equipment Conflict) but otherwise without affecting the rights and obligations of the Parties under this License, County may, in its sole discretion, grant to other operators the right to install and use similar facilities in the Premises.
1.6. Limits on Use of License Area and Other City Property. (a) Limited to Use of License Area. Licensee acknowledges that the privilege given under this License is limited strictly to the License Area and the Premises and grants Licensee no rights to cross over or otherwise use any adjoining or other lands of City except as expressly provided in this License. (b) County Use and SFPUC Access. Licensee's rights and
activities under this License are subordinate at all times to the SFPUC's existing and future use of the License Area for utility facilities, or any other purpose. (c) Entry by Licensee.
(i) Licensee shall give ten (10) days prior written notice to County prior to the commencement of Licensee’s installation and construction of its Permitted Improvements (defined in Section 3.3 (Permitted Improvements and Equipment) below). Thereafter, Licensee has the right to enter the License Area at any time without prior notice being given to County for the installation, construction, maintenance, and operation of Licensee’s existing communications facilities. The modification of or addition to Licensee’s existing communications facilities shall be done in accordance with Section
3.4. Alterations and Additions.
(ii) Licensee agrees to coordinate all entry to the License Area through the County’s Radio Services Division in the County’s Information Services Department at (650) 363-4442 during normal business hours, or after-hours through the County’s Public Safety Dispatch at (650) 363-4915.
(d) Entry By County.
(i) Non-Emergency Entry. County reserves the right to
enter the License Area at any and all reasonable times to inspect the same, supply any services to be provided by County to Licensee under this License, to show the License Area to any prospective purchasers or licensees, to post notices of non-responsibility, and to alter, improve, repair, or restore the License Area as County may deem necessary or desirable, without abatement of permit fee, so
long as County does not unreasonably interfere with Licensee’s operations. For each of the above purposes, County shall at all times have and retain a key with which to unlock all of the gates and/or doors in, upon, and about the License Area, excluding Licensee’s vaults, cabinets, safes, and files. County’s right to enter the License Area is subject to: (1) County having given not less than twenty-four (24) hours prior notice to Licensee, and (2) an employee or agent of Licensee being present during each and any entry to the License Area.
(e) Emergency Entry. Notwithstanding the provisions of
Section 1.6(d)(i), Non-Emergency Entry, above, in the event of an emergency, County shall have the right to use any and all means that County deems proper to gain entry to the License Area without liability to County except for any failure to exercise due care for Licensee’s property. Any entry to the License Area obtained by County by any such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the License Area, or an eviction of Licensee from the License Area or any portion thereof.
2. Fees and Expenses
2.1. No License Fee. County shall not charge any rent, permit fee, license fee, or use fee to Licensee.
2.2. Reimbursement For County’s Operational Expenses.
(a) Reimbursement Payment. County may charge Licensee for the actual pro rata cost of the utilities used by Licensee. For the purposes of the foregoing sentence, the “actual cost” of such “utilities” shall be the actual operational, maintenance, and access expenses (including, but not limited to, American Tower Company road access fees and road repairs) required to operate the County’s communications facility on the Premises and that benefit Licensee; and the actual cost of any improvements approved by City and installed by County for the benefit of Licensee on the Premises. All payments for such costs (“Reimbursement Payment”) shall be delivered to County at the following address, or such other address as County shall designate in writing to Licensee:
Information Services Department
Accounts Receivable (Ref. No. 5412)
455 County Center, 3rd Floor
Redwood City, CA 94063
(b) Prorated Reimbursement Payment. The Reimbursement
Payment and all other fees and charges for any period during the Term of this License which is for less than one (1) full calendar month shall be prorated based upon the actual number of days of that calendar month. The Reimbursement Payment and all sums payable under this License must be paid in lawful money of the United States of America.
2.3. Payment Terms and Late Fees.
(a) Payment Terms. Licensee shall pay the Reimbursement Payment as provided in Section 2.2 above.
(b) Late Fees. If any sum due from Licensee shall not be received by County within thirty (30) days after such amount shall be due, County may charge a late charge of Fifty Dollars ($50) and interest at a rate of five percent (5%) accruing monthly on the balance from the time incurred until fully paid.
Acceptance of such late charge by County neither constitutes a waiver of Licensee's default with respect to such overdue amount, nor prevents County from exercising any of the other rights and remedies available to County.
3. Operation and Maintenance of License Area
3.1. County Responsibilities. County shall supply both commercial power and emergency power for operation of the Equipment on the same basis as County uses for County’s equipment. In lieu of rent, Licensee shall reimburse County for Licensee’s pro-rata share of power and utilities pursuant to Section 2.2, (Reimbursement for Operational Expenses).
3.2. Licensee’s Responsibilities.
(a) Maintenance. Licensee shall maintain the License Area in good conditions and repair, and shall take care to prevent waste or damage to the License Area or the Premises. Licensee shall care for the License Area by properly overseeing all operations and by maintaining the License Area and surrounding areas in good condition, order and repair, free from unsightly accumulations of waste or odors, trash, debris, weeds, unused equipment, and fire hazards.
Licensee shall comply with any written policies County or City may adopt and deliver to Licensee regarding the use of the Property and the Premises, and shall bear the costs of repairing any damage caused by Licensee’s failure to follow such policies.
(b) Hazardous Materials. Licensee shall comply with all Lease provisions, including, without limitation, the provisions contained in Section 27 of the Lease, and all policies as County and City may establish in their respective discretion concerning the introduction, use, storage, generation, or disposal of Hazardous Materials on the License Area or the Premises.
3.3. Permitted Improvements and Equipment. Licensee shall have the right to make and maintain improvements to the License Area (“Permitted Improvements”) in accordance with the Site Plan/Construction Drawings attached as Exhibit 4 and install the Equipment described in Exhibit 5. (a) Licensee shall obtain all necessary governmental approvals and permits prior to commencing any improvements or modifications, and shall provide County with ten (10) days written notice prior to the start of construction.
All contractors and subcontractors of Licensee for work performed at the License
Area shall be duly licensed by the State of California, and all work shall be performed in a good, safe, and workmanlike manner.
(b) Prior to the installation of the Equipment, Licensee must obtain any and all licenses required in order to operate the License Area for the intended use. Copies of such license(s) shall be provided by Licensee to County upon receipt by Licensee.
(c) County enters this License solely in its proprietary capacity as owner of the Premises and not in any capacity as a zoning, land-use, or building/planning authority. Nothing in this License shall be construed as approval or issuance of a use permit, building permit, or any other approval as may be required by and issued by the San Mateo County Department of Planning and Building and/or any other applicable government agency.
3.4. Alterations and Additions.
(a) Definitions. The term “Improvements” means any buildings, structures, fixtures and other improvements, including signs, roads, trails, grading, driveways, parking areas, utility infrastructure, plantings and hardscape. The term “Alterations” includes any additional improvements, equipment, or facilities. (b) In the event City or County consent to the making of any Alterations, or Improvements to the License Area and/or the Premises by Licensee, the same shall be made by Licensee at Licensee’s sole expense.
Notwithstanding the foregoing, Licensee and County may mutually agree in writing to have such work performed by the County on behalf of the Licensee. (c) Tier 1 Work. For Alterations to Licensee’s equipment within County’s equipment shed, including like-for-like modifications or the addition of equipment within County’s equipment shed (“Tier 1 Work”), Licensee shall provide City and County ten (10) days prior written notice. City approval shall not be required for Tier 1 Work. Such notice shall include plans, specifications, and information sufficient to verify the exchange or replacement qualifies as similar equipment of substantially the same (or smaller) size and weight, or that the addition of equipment can be accommodated within County’s equipment shelter.
County shall respond to Licensee’s request in writing within ten (10) business days, and County approval shall not be unreasonably withheld. (d) Tier 2 Work. If Licensee engages in any work or alterations to Licensee’s equipment on a tower that constitutes like-for-like exchanges or modifications to Licensee’s tower equipment, or if Licensee replaces existing equipment outdoors within the fence enclosure (“Tier 2 Work”), Licensee shall provide City and County with sixty (60) days’ prior written notice and a request for consent. City and County shall respond to Licensee’s request in writing within ten (10) business days. Licensee shall comply with the requirements of Section 7.1(e) of the Lease. City and County may not unreasonably withhold their approval.
(e) Tier 3 Work.
1. Any Improvements, Alterations or work not considered Tier 1 or Tier 2 Work, including the addition of antennas or equipment on a tower or the addition of equipment or Improvements outdoors within the fence enclosure, is “Tier 3 Work,” and requires City’s and County’s prior written consent and shall be conducted in accordance with City-approved and County-approved plans and specifications (“Approved Plans”). City’s approval may be withheld at City’s sole discretion or may be conditioned on, among other things, an increase in Base Rent for proposed additional Tenant’s Facilities (as defined in the Lease). County’s approval may be withheld at County’s sole discretion.
2. Project Review Process for Tier 3 Work; Required
Studies and Analyses. Licensee shall submit a project review application to City and County at least one hundred twenty (120) days before the expected commencement of any proposed Tier 3 Work and shall undergo the SFPUC’s and the County’s project review processes (“Project Review”). City and County shall respond to Licensee’s request in writing within ten (10) business days, detailing Licensee’s next steps for Project Review. After Licensee successfully completes the Project Review process for Tier 3 Work one or more times, the SFPUC’s Watershed Manager or the Watershed Manager’s designee may waive the Project Review meeting requirement (but not the Project Review application requirement) in subsequent similar cases. In conducting any construction, maintenance, repair, expansion or replacement, Licensee shall comply with all conditions and measures imposed by the SFPUC and the County. City and County reserve the right to require a structural review analysis, including engineering specifications and calculations for roof (if applicable) and structure weight and wind loading, stamped and signed by a California licensed professional engineer for Tier 3 Work. City and County reserve the right to require a viewshed study to be conducted at Licensee’s expense, to ensure that the proposed Tier 3 Work is sited and designed to avoid or minimize potential impairment of the land’s scenic values. (f) Consent. Where appropriate in City’s judgment, City will require that Tenant minimize the visual impact of proposed Tier 2 or Tier 3 Work through design, screening and siting. For example, City may require that the Tier 2 or Tier 3 Work blends with and/or complements the color, design and/or character of the surrounding context, whether natural backdrop, building or existing facility. In no event shall City’s approval of Licensee’s plans and specifications be deemed to constitute a representation or warranty by City concerning the suitability of the proposed facilities and improvements for Licensee’s purposes or that the work called for in the plans and specifications complies with applicable building codes or other applicable laws or industry standards nor shall such approval release Licensee from Licensee’s obligation to supply plans and specifications that conform to applicable codes, other laws and industry standards.
3.5. Equipment Conflict. Licensee agrees to use equipment of a type and frequency that will not cause interference with communications equipment currently under the operation and control of County or any other communications
provider under an existing permit or agreement with County as of the effective date of this License. If the County’s communication equipment involves public safety communications and if the Equipment causes any interference to public safety communications, the Equipment will be immediately taken out of service without exception by Licensee. If the Equipment interferes with the County’s public safety communications, the determination to take out of service the Equipment shall be at the County’s sole discretion, except as provided below:
(a) Licensee will not cause radio frequency and/or electrical interference to the existing equipment of County or to any other occupant, permittee, or any other user (“Existing User”) of the Premises whose equipment was located at the Premises upon the earlier of: (i) the effective date of this License; or (ii) the date Licensee installs its Equipment, provided that the equipment used by any Existing User or County is operating within the technical parameters specified by its manufacturers and as defined by the Federal Communications Commission. Upon written notice from County to Licensee of such interference, Licensee will take all reasonable steps to correct such interference in a timely manner. If such interference cannot be corrected within five (5) business days from receipt of County’s notice, Licensee will cease using its Equipment, except for testing, until such time as Licensee corrects the interference to County's satisfaction. In the event Licensee cannot correct the interference, Licensee will have the option to terminate this License without further liability hereunder, upon (30) days written notice to County and Licensee shall remove its Equipment in a timely manner and at Licensee’s sole cost and expense. (b) After the date of this License, County will not grant a permit to any other party for use of the Premises or modify any existing agreement for use of the Premises, or change its use of the Premises or permit an Existing User of the Premises to make any changes to its use of the Premises, if such use would in any way materially adversely affect or interfere with the operation of the Equipment. If another occupant, tenant, permittee or other user, or an Existing User of the Premises makes such a change and causes uncorrected radio frequency and/or electrical interference with the Equipment, County will require the party causing such interference to either correct such interference or stop using the equipment that is causing the interference. If after thirty (30) days such interference has not been completely corrected to Licensee’s reasonable satisfaction, Licensee will have the option to terminate this License. (c) Licensee shall not, subsequent to its initial installation of the Equipment, make any modification to the Equipment or the use thereof during the Term that will cause radio frequency and/or electrical interference to the equipment of County then in operation, nor to that of any other occupant, tenant, permittee, or other user of the Premises. Any such user in operation at the time of such modification or change in use shall be considered an Existing User as set forth in Section 3.5(a) above, and the provisions of that Section shall apply.
3.6. Personal Property. Licensee may not store personal property on the License Area or the Premises except personal property used for normal communications operations. Licensee shall be solely responsible for the security
of any personal property on the License Area or the Premises. Neither City nor County shall be liable for any claims arising from the theft, loss, or damage of personal property left or stored on the License Area or the Premises. Upon termination of this License, Licensee shall remove Licensee’s personal property.
If Licensee leaves any personal property in violation of this Section, County shall have the rights described in Section 9.3 (Breach) below.
3.7. Liens. Licensee shall not incur, create, or assume any lien on any portion of the License Area or the Premises (including any mechanic’s or material supplier’s liens). Licensee shall keep the License Area and Premises free and clear of any and all liens arising out of any work performed or materials furnished to the License Area or the Premises, and out of any other obligations Licensee may incur.
4. Compliance
4.1. Compliance With Lease
(a) Subordinate to Lease. This License is and shall remain in every manner subject and subordinate to the terms and provisions of the Lease.
Any expiration or termination of the Lease shall cause an automatic termination of this License without the need for any further action on the part of County or City.
Notwithstanding the forgoing, if County’s lease term under said Lease expires or terminates, and County remains in possession of County’s leased Premises on a month-to-month basis under County’s holdover rights in Section 29.13, Holding Over, in the Lease, Licensee shall have the right to hold over with County’s written consent as described in Section 1.4, Holding Over, of this License. Licensee shall not do, or omit to do, any act that could cause a breach or default under the terms of the Lease. Licensee shall comply with the covenants regarding use of the Premises set forth in Section 7.2 of the Lease, and with City’s special provisions contained in Section 24 of the Lease, including without limitation, Nondiscrimination in City Contracts (Section 24.22), Health Benefits for Covered Employees (Section 24.23), Notification of Limitations on Contributions (Section 24.24), Conflicts of Interest (Section 24.27), Tropical Hardwood and Virgin Redwood Ban (Section 24.29), Tobacco Product Advertising Prohibition (Section 24.30), Supervision of Minors (Section 24.32), Food Service Waste Reduction (Section 24.26), and Preservative-Treated Wood Containing Arsenic (Section 24.38).
(b) City Not Licensee's Landlord; No Responsibility or
Liability. Notwithstanding any other provisions of this License, Licensee acknowledges and agrees that City is not Licensee’s landlord, and City shall have no responsibility or liability for any acts or omissions of County with respect to this License, the License Area, or the Premises. City would not be willing to consent to this License without the above agreement and the releases and waivers contained in this License. Licensee acknowledges that it has received a copy of the Lease.
4.2. Compliance With Laws. Licensee shall promptly, and at its sole cost and expense, comply with all present and future laws, orders, and regulations of federal, state, county, regional, and municipal authorities (collectively, “Laws”)
applicable to Licensee’s use and operation of the License Area or the Premises, including all environmental, labor, and employment and occupational safety laws.
4.3. Inspection. County may enter the License Area at all reasonable times to inspect the License Area, and for the purpose of taking any other actions County believes are appropriate to protect County’s interests in the License Area.
The presence of County’s or City's representatives on or near the License Area shall not limit or affect in any way Licensee’s obligations under this License. This Section does not and should not impose any duty on County or City to inspect the License Area, report to Licensee the results of any inspection, or assume any liability of any kind arising from inspecting or not inspecting the License Area.
4.4. Taxes. County shall pay all real property taxes, if any, levied against the Premises. Licensee shall have sole responsibility for all taxes and payments required by any federal, state, or local tax authority in connection with Licensee’s improvements and operations and the License Area. Licensee is solely responsible for paying all personal property taxes or assessments levied on Licensee’s personal property on the License Area and all taxes that result from income and profits from Licensee’s operations on the License Area. Licensee recognizes and understands in executing this License that its interest in the License Area created in this License may be subject to a "Possessory Interest Tax" that the County Assessor may impose on such interest, and any such tax would be the liability of and be paid solely by Licensee. Licensee agrees to pay promptly when due, any Possessory Interest Tax imposed on its interest in the License Area and/or Premises.
5. Insurance
(a) At all times during the Term, Licensee shall pay for and keep in effect Commercial General Liability Insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage. Licensee’s policy shall: (a) name as additional insureds County and the City and County of San Francisco and its officers, agents and employees, and (b) state that such policy is primary insurance that applies separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limit of liability. Such policy shall provide for severability of interests and that an act or omission of one of the named insureds that would void or otherwise reduce coverage shall not reduce or void the coverage as to any other insured, and shall afford coverage for all claims based on acts, omissions, injury, or damage that occurred or arose in whole or in part during the policy period. (b) Licensee shall deliver to County (a) on or before the Commencement Date, a certificate of insurance and additional-insured policy endorsements in a form satisfactory to County, evidencing the coverages required by this License, and (b) promptly after County's request, a complete copy of the policy. Licensee shall provide County with certificates or policies thereafter at least ten (10) days before the expiration dates of expiring policies.
(c) If Licensee is a public agency, County acknowledges and agrees that Licensee may be permissively self-insured as authorized by the State of California. County shall accept Licensee’s self-insured status as satisfying all insurance requirements hereof provided that Licensee attests in writing that Licensee is self-insured (and/or covered by supplemental excess liability coverage) for any general, automobile and/or professional liability losses up to $1,000,000 per occurrence, and for statutory limits for workers’ compensation insurance.
5.1. County’s Self Insurance. Licensee acknowledges that County selfinsures against casualty, property damage and public liability risks and agrees that County may at its sole election, but shall not be required under this License to, carry any third-party insurance with respect to the License Area or the Premises.
5.2. Waiver of Subrogation. Notwithstanding anything to the contrary contained in this License, County, in the event the County does not self-insure, and Licensee (each a “Waiving Party”) each hereby waives any right of recovery against the other Party for any loss or damage sustained by such other Party with respect to the Premises or the License Area or any portion thereof, or the contents of the same or any operation in this License, whether or not such loss is caused by the fault or negligence of such other Party, to the extent (i) such loss or damage is actually recovered from valid and collectible insurance covering the Waiving Party, and (ii) the Waiving Party’s insurance carrier agrees to its written waiver of right to recover such loss or damage.
6. As Is Nature of License Area
6.1. As-Is Condition.
(a) As-Is. Licensee acknowledges and agrees that the License Area is being licensed in, and the License Area is in, its “AS IS WITH ALL FAULTS” condition, without representation or warranty of any kind, and subject to all applicable Laws.
(b) No Representations. Licensee acknowledges that neither County, nor City, nor any of their respective Agents has made any representations or warranties, express or implied, concerning any aspect of the Premises or the License Area, and that any such representation or warranty is hereby disclaimed.
County makes no representations or promises as to the productivity or fitness of the Premises or the License Area for Licensee’s operations on the License Area or the Premises. Licensee acknowledges that it has made its own independent business evaluation in deciding to enter into this License.
6.2. No Duty to Repair or Maintain License Area. County and City shall have no duty whatsoever for any repair or maintenance of the License Area.
6.3. No Assignment. This License is personal to Licensee and shall not be assigned, conveyed, or otherwise transferred by Licensee under any circumstances. Any attempt to assign, convey, or otherwise transfer this License
shall be null and void and cause the immediate termination and revocation of this License.
7. Waiver of Claims
7.1. Waiver of Claims. Licensee covenants and agrees that neither County nor City shall be responsible for or liable to Licensee, to the fullest extent allowed by Law, and Licensee hereby waives all claims and rights against County, City, and their respective employees, agents, and contractors and releases such parties from any and all Losses (defined in Section 8.1 (Indemnification) below), including, but not limited to, (i) incidental and consequential damages relating to any injury, accident or death of any person, or loss or damage to any property, in or about the License Area, the Premises, or any other City property, from any cause whatsoever, known or unknown; (ii) flood, fire, or explosion; (iii) theft or other criminal or tortious act of third parties including other licensees; (iv) interruption of any public utility or service; (v) leaking, issuing, or flowing into any part of the License Area or the Premises, by natural occurrence or otherwise, of any substance; or (vi) the expiration or termination of the Lease. In connection with the foregoing releases, Licensee acknowledges that it is familiar with Section 1542 of the California Civil Code, which reads:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Licensee acknowledges that the releases contained in this License include all known and unknown, disclosed and undisclosed, and anticipated and unanticipated claims. Licensee realizes and acknowledges that it has agreed upon this License in light of this realization and, being fully aware of this situation, nevertheless intends to waive the benefit of Civil Code Section 1542, or any statute or other similar law now or later in effect. The releases contained in this License shall survive any termination of this License.
7.2. No Relocation Assistance. Licensee acknowledges that it shall not be a displaced person at the time this License is terminated or expires by its own terms, and Licensee fully RELEASES, WAIVES, AND DISCHARGES forever any and all claims, demands, rights, and causes of action (including, without limitation, consequential and incidental damages) against, and covenants not to sue, City, its departments, commissions, officers, directors, and employees, and all persons acting by, through, or under each of them, under any present or future Laws, including, without limitation, any and all claims for relocation benefits or assistance from City under federal and state relocation assistance laws (including, but not limited to, California Government Code Section 7260 et seq.). Without limiting Licensee’s obligations under Section 8, Licensee shall Indemnify (as defined in Section 8) City and the other Indemnified Parties (as defined in Section 8) for any and all Losses arising out of any relocation assistance or benefits payable to Licensee.
8. Indemnification
8.1. Indemnification. Licensee, on behalf of itself and its successors and assigns, shall indemnify, protect, defend, and hold harmless forever (the “Indemnity”) County and City, including, but not limited to, all of their respective boards, commissions, departments, agencies, and other subdivisions, including, without limitation, City’s Public Utilities Commission, and all of its and their respective directors, commissioners, employees, agents, and contractors, and their respective heirs, legal representatives, volunteers, successors and assigns, and each of them (the “Indemnified Parties”) from and against any and all claims, demands, losses, liabilities, damages, liens, injuries, penalties, fines, lawsuits, judgments, and awards (“Losses”) incurred in connection with or arising directly or indirectly, in whole or in part, out of this License or any breach by Licensee of this License, or the entry upon, or use or occupancy of the License Area, the Premises, or any other City property by Licensee or its officers, directors, employees, agents, contractors, suppliers, customers, invitees, or guests, including, without limitation, the introduction, use, storage, generation, or disposal of Hazardous Materials, by Licensee in or on the License Area or the Premises, except to the extent resulting from the gross negligence or willful misconduct of the party seeking to be indemnified. The foregoing Indemnity shall include, without limitation, reasonable fees of attorneys, consultants, and experts and related costs, and the costs of investigating any Loss. For clarity, it is understood that Licensee’s indemnification obligation to County and its related Indemnified Parties includes any claims by City against County arising from a breach of the Lease or this License by Licensee or otherwise arising from Licensee’s use and occupancy of the License Area and the Premises.
8.2. Acknowledgement. Licensee specifically acknowledges and agrees that it has an immediate and independent obligation to defend County, City, and the other Indemnified Parties from any claim that actually or potentially falls within this indemnity provision, even if such allegation is or may be groundless, fraudulent, or false, and that such obligation arises at the time such claim is tendered to Licensee by County or City and continues at all times thereafter.
Licensee’s obligations under this Section shall survive the expiration or earlier termination of this License.
9. Termination, Default, and Remedies
9.1. Termination by Licensee. Licensee shall have the right to terminate this License at any time by giving written notice to County. Such termination shall be effective ninety (90) days after delivery to County of such notice. Termination by Licensee shall not entitle Licensee to withhold or obtain a refund of license fees or other sums due under this License, or to obtain any compensation or damages from County or City.
9.2. Termination by County. Notwithstanding any other provision of this License or any course of performance under this License, County may at its sole option terminate this License at any time by giving written notice to Licensee for the following reasons:
(a) If the Equipment causes interference with County’s
communication equipment located on the Premises and the Equipment cannot be corrected, or
(b) If County determines that the Premises or any portion thereof, including the License Area, has a more appropriate use
including, but not limited to, any County or City use; or (c) If Licensee remains in default under Section 9.3 (Breach) of this License after the applicable cure periods.
Such termination shall be effective ninety (90) days after delivery of such notice, and at such time Licensee shall immediately surrender the License Area in the condition required hereunder. Termination by County shall be without liability or obligation to pay consideration to Licensee, including without limitation, any obligation to return to Licensee any part of the License Fee or other fees.
If County terminates this License under the provisions of the above Section 9.2(b), County shall use commercially reasonable efforts in assisting Licensee in identifying a “Replacement Location” on the Premises. In the event an adequate Replacement Location can be identified, County and Licensee shall execute an amendment to this License modifying the description of the License Area and development and use conditions as necessary and appropriate, and this License shall remain in full force and effect. Licensee shall pay all relocation costs incidental to such substitution of the License Area. In the event that an adequate Replacement Location cannot be located, Licensee shall have the right to terminate this License upon at least ninety (90) days prior written notice to County, and this License will terminate on the same terms and conditions as if it had expired at the end of the Term.
Upon termination as provided for under the terms of this Section 9.2, neither Party will owe the other Party any further obligation under the terms of this License, except as may otherwise be specifically provided in this License and except for Licensee’s responsibility to remove all of Licensee’s communications Equipment from the License Area and restore the License Area to its original condition, as near as practicable, save and except normal wear and tear and acts beyond Licensee’s control.
9.3. Breach. If Licensee fails to perform or comply with any provision of this License when such performance or compliance is required by the terms of this License, such failure shall constitute a breach of this License. County may provide Licensee with written notice of such breach. If Licensee fails to cure the breach within thirty (30) days after receipt of such notice, provided that if it is not feasible to cure such default within such 30-day period, Licensee shall have a reasonable period to complete such cure if Licensee promptly undertakes action to cure such default within such 30-day period and thereafter diligently pursues the same to completion within sixty (60) days after the receipt of notice of default from County.
County shall not be required to provide such notice more than twice in any twelve (12) month period with respect to any material non-monetary defaults and after the
second notice in any calendar year, any subsequent failure by Licensee during such 12-month period shall constitute an Event of Default hereunder. County may terminate this License upon delivery of notice of uncured breach to Licensee.
County shall in its sole discretion determine whether the breach has been cured.
Nevertheless, in the event of any breach by Licensee, County shall have all the rights and remedies available to it at law or in equity.
9.4. Termination of Lease. As provided by Section 4.1 (Compliance with Lease) above, this License shall terminate automatically without need for action by County or Licensee upon the expiration or termination of the Lease.
Notwithstanding the forgoing, if County’s lease term under the Lease expires or terminates, and County remains in possession of County’s leased Premises on a month-to-month basis under County’s holdover rights in Section 29.13, Holding Over, in the Lease, Licensee shall have the right to hold over with County’s written consent as described in Section 1.4, Holding Over, of this License.
9.5. Surrender. Licensee shall surrender the License Area in good condition, order and repair, free from hazards and clear of all debris, immediately upon the expiration or termination of this License. At such time, Licensee shall remove all of its property from the License Area or the Premises permitted under this License, and shall repair, at its cost, any damage to the License Area or the Premises caused by such removal. Licensee’s obligations under this Section shall survive any termination of this License.
9.6. Remedies. All of County’s rights, powers, and remedies under this License are cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to County at law or in equity. The exercise of any one or more of these rights or remedies shall not impair County’s right to exercise any other right or remedy. NEITHER COUNTY NOR CITY SHALL BE LIABLE TO
LICENSEE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING OUT OF OR
OTHERWISE RELATED TO THIS LICENSE (INCLUDING, BUT NOT LIMITED
TO, CLAIMS FOR LOSS OF REVENUE, LOSS OF PROFIT, OR LOSS OF USE)
EVEN IF COUNTY OR CITY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES. Licensee under no circumstances shall be entitled, directly or indirectly, to any form of compensation or indemnity from County or City, or to obtain an injunction, specific performance, or other equitable remedy as consequence of this License for any reason.
10. Authorized Representative of the County of San Mateo. The County Manager, or the designee of the County Manager, shall be the only authorized agent of the County of San Mateo for purposes of giving any notices (including, but not limited to, termination under the terms hereof), enforcing any provision, or exercising any rights, options, privileges, or obligations of the County of San Mateo under this License. This License shall not be valid or have legal effect unless executed by the President of the Board of Supervisors of the County of San Mateo pursuant to a Resolution adopted in accordance with the California Government Code, or by the County Manager or designee under authority granted pursuant to a Resolution adopted in accordance with the California Government Code.
11. Notices. All notices or demands are deemed to have been given or made when delivered in person or delivered by certified or registered mail, return receipt requested, postage prepaid, United States mail, and addressed to the respective parties as follows:
County: County of San Mateo
County Executive's Office
Real Property Division
555 County Center, 4th Floor
Redwood City, CA 94063
Phone: (650) 363-4047
Email: [email protected]
With a copy to: County of San Mateo
Information Services Dept.
455 County Center, 3rd Floor
Redwood City, CA 94063
Attn: Communications Manager
Phone: (650) 599-1069
Licensee: Pacifica Police Dept.
Attn: Captain Bill Glasgo
2075 Coast Hwy
Pacifica, CA 94044
650-738-7314
The address to which any notice or demand may be given to either Party may be changed by thirty (30) day prior written notice.
12. San Mateo County No-Smoking Ordinance. Licensee is aware that on April 18, 2006, the County of San Mateo modified its Ordinance Code, adopting Section 4.96.040, which prohibits smoking in all County facilities whether owned or leased. Licensee understands that such Ordinance authorizes County to enforce the provisions contained in this License and Licensee agrees to enforce the provisions of such ordinance on the License Area.
13. Non-Discrimination
(a) Licensee shall comply with any applicable provisions of Section 504 of the federal Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (b) No person shall, on the grounds of race, color, religion, ancestry, sex, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this License.
(c) Licensee shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this License. Licensee’s equal employment policies shall be made available to County upon request.
(d) With respect to the provision of employee benefits, Licensee shall comply with the County Ordinance that prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse.
14. General Provisions
14.1. Disclosure Requirements. Licensee understands and agrees that City’s Sunshine Ordinance (San Francisco Administrative Code Chapter 67) and the State Public Records Law (Government Code Section 6250 et seq.) apply to this License and to any and all records, information, and materials submitted to City in connection with this License. Accordingly, any and all such records, information and materials may be subject to public disclosure in accordance with City’s Sunshine Ordinance and the State Public Records Law. Licensee hereby authorizes City to disclose any records, information, and materials submitted to City in connection with this License.
14.2. Modifications to License Agreement. Due to the unique nature of each communications operation, County and Licensee may agree to additional terms in respect of such operations. Any such additional terms are subject to City’s approval and shall be consistent with the Lease and set forth in a separate addendum, which shall be attached to this License and become a part of this License. All modifications to this License, whether under this Section or otherwise, shall be in writing and state that the writing is an amendment to this License, approved by City, and subject to the provisions of the Lease.
14.3. Severability. The invalidation of any provision of this License, or of its application to any Party, by judgment or court order, shall not affect any other provision of this License or its application to any other Party or circumstance, and the remaining portions of this License shall continue in full force and effect, unless enforcement of this License as invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this License.
14.4. Captions. Captions to the sections of this License are included for convenience only and are not intended and shall not be deemed to modify or explain any of the terms of this License.
14.5. No Presumption Against Drafter. This License shall be construed without regard to any presumption or rule requiring construction against the Party drafting the License.
14.6. Relationship. Licensee and County are and shall remain independent commercial contracting Parties. County and Licensee are not running a business together. The arrangements contemplated by this License are not intended to and shall not create a partnership, joint venture, employment, fiduciary, or similar relationship for any purpose. Neither Licensee nor County have the power or authority to bind or obligate the other to a third party or commitment in any manner.
14.7. Consent. Whenever under this License the consent or approval of either Party is required or a determination must be made by either Party, no such consent or approval shall be unreasonably withheld or delayed, and all such determinations shall be made on a reasonable basis and in a reasonable manner.
14.8. Binding on All Successors. This License is binding upon and shall inure to the benefit of the permitted successors and assigns (as approved in advance in writing by City) of County and Licensee.
14.9. Governing Law. This License shall be governed by, and in all respects construed in accordance with, the laws of the State of California.
14.10. Third Party Beneficiary. County and Licensee acknowledge and agree that City is a third party beneficiary under this License and as such has the power to enforce the terms of this License; provided however, that Licensee and County acknowledge and agree that City has no responsibilities or obligation to any Party by reason of this License, except as provided by this Section. Except as specifically provided in this Section, this License is for the exclusive benefit of County and Licensee and not for the benefit of any third party including, without limitation, any employee, family member, contractor, or customer of Licensee.
14.11. Venue. Licensee agrees that the venue for any civil action filed concerning Licensee’s obligations under the terms of this License and the Lease shall be the Superior Court for San Mateo County.
14.12. Counterparts. This License may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
14.13. Recitals and Exhibits. The Recitals set forth above and the exhibits referenced in and attached to this License are incorporated into this License.
14.14. Other City License Provisions. The provisions set forth in attached Exhibit 3 (City License Provisions) are incorporated into and made a part of the License as of the Effective Date.
14.15. Supersedure. This License supersedes and voids any prior license, lease or agreement between the Licensee and the County identified in this License with regards to the License Area.
14.16. Entire Agreement. The Parties intend that this License, its Exhibits, and the Lease shall be the final expression of their agreement with respect to the subject matter of this License and may not be contradicted by evidence of any prior or contemporaneous oral or written agreements or understandings. Should there be any ambiguity or conflict between this License and any policy issued by County, this License shall control. For convenience, this License expressly identifies various provisions of the Lease with which Licensee must comply. Such identification in no way qualifies or limits Licensee’s obligations to comply with provisions of the Lease not so expressly identified.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, County and Licensee have executed and delivered this License as of the last date written below.
COUNTY:
COUNTY OF SAN MATEO
By: ____________________________
Name:Michael P. Callagy
Title: County Executive Officer
Date: __________________________
ATTEST:
__________________________
Sarah Coffey, City Clerk
APPROVED AS TO FORM:
__________________________
Michelle Marchetta Kenyon, City
Attorney
LICENSEE:
CITY OF PACIFICA,
a municipal corporation
By: ____________________________
Kevin Woodhouse, City Manager
Date: __________________________
EXHIBITS:
Exhibit 1: Depiction of County’s Leased Premises
Exhibit 2: Vault Layout Floor Plan
Exhibit 3: City License Provisions
Exhibit 4: Permitted Improvements
Exhibit 5: Licensee’s Equipment
Exh. 1-1
EXHIBIT 1
County’s Leased Premises
EXHIBIT 1 to License
Depiction of Premises
Montara Mountain – North Peak
SFPUC Parcel No. 31
SMCO – Montara Mountain –North Peak
SFPUC Property Boundary (Approx.)
SMCO Licensed Area
6th Street
7th Street
N
SPACE ASSIGNMENTS LIST OF EQUIPMENT
VAULT ITEM DESCRIPTION SPACE
1 A MDF
2 3 B POLYPHASOR
4 C BREAKERS
5 6 D A/C UNIT
7 8 E SHELF
9 AGENCY /OCCUPANT
PACIFlCA PD & FIRE JPA
CALTRANS
STATE PARKS
FlSH &: GAME
CALSAMTRANFlRE CZU LOCAL NET M/R SAMTRANS 2
S 3
NATIONAL PARKS 1
NATIONAL PARKS 2
10 NATIONAL PARKS 3 F CHP FlLTER
11 PG&E RACK 1
PG&E RACK 2 G TRANSFER PANEL
12 13 PG&E RACK 3 H GENERATOR PROTECTED ELECTRICAL PANEL 14 NATIONAL PARKS 4
30'-5" 15 COUNTY M/W 1 J NON-GEN ELECRTICAL PANEL
16 COUNTY M/W 2
17 COUNTY M/W 3 K GENERATOR 0 ©° �� 18 UASI M/W 1
G 19 UASI M/W 2
© 20
[ - 21
G 1 22 TV COMBINER
]0 - 23 UHF TRUNK
2 24 MUIIJAL AID
0 -
3 25 CLEMARS FlRE
]@ � C
- 26 VTAC LG2 RX
4 27
� - 28 © 5 29
© � - 30 I
6 27'-0" - 31
7 32
D© - 33 CHARGER
34 CHP 1
29 I 30 I 31 I 32 I I 35 CHP 2
36 BATTERY
8 I 9 I 0 10
22 I 23 I 24 I 25 I 26 I I
27 I
28 I
11 I 12 I ;"""- 13 NOTES:
\,..,_"'" * 1. DRAWING CHANGES REQUIRE VAULT MANAGER'S APPROVAL 15 I 16 I 11 I 18 I 19 I
20 I
21 I 2. BUILDING AND TOWER ARE COUNTY PROPERlY.
3. FOR PLOT PLAN AND SITE ACCESS; SEE DWG: 441095-029.
4. FOR ANTENNA SPACE ASSIGNMENTS; SEE DWG: 441095-031.
\_ OLD CABLE ENTRY PORT
10·-o·
FLOOR PLAN
0 5 10
I I I I I I I I I I
SCALE 1/4" = 1'-0"
K 5-23-24 MD UPDATE VAULT SPACE #20 & 21 MR NORTH PEAK, SAN MATEO CO. (P&R)* OWNER NJO!Cf: CAD FILE NUMBER:
015371K1
2-14-22 MZ CDF-CZU OOZ707V001: ADDED CAL ARE TO RACK SPACE 5 BOK ENG: RA UNIT: SA 1-2-15 KM UPDATE & REDRAWN MR VAULT LAYOUT
FLOOR PLAN DR: DC llAlE: 6-84
3-9-04 DC CHP075654W6: ADD DESCRIPTION TO SPACES 11 & 12. LK SCALE: SHOWN SHr: 1 OF: 1 9-8-01 S.F. UPDATED PER PUM 100474W02 VAULT EXPANSION & OOT104001V001 DSM RE.V llAlE BY DESCRIPTION APPi) CALIFORNIA GOVERNOR'S OFFlCE° OF EMERGENCY SERI/ICES SIZE DRAWING NUMBER RE.V TABLE OF CHANGES 801 SEQUOIA PACIFIC BL'ID SACR.IM...,,.. CA PUBLIC SN'EIY COMMUNICATIONS 95811-1>231 [E] CI 441095-030 I K EXHIBIT 2, PAGE 1 OF 1
VAULT LAYOUT FLOOR PLAN
Exh. 3-1
EXHIBIT 3
City License Provisions
A. Notification of Limitations on Contributions
By its execution of this License, Licensee acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with the City for the selling or leasing of any land or building to or from City whenever such transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that City elective officer serves, from making any campaign contribution to (a) the City elective officer, (b) a candidate for the office held by such individual, or (c) a committee controlled by such individual or candidate, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or twelve months after the date the contract is approved.
Licensee acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $100,000 or more. Licensee further acknowledges that the prohibition on contributions applies to each private entity constituting Licensee; each member of Licensee’s board of directors, and Licensee’s chief executive officer, chief financial officer, and chief operating officer; any person with an ownership interest of more than twenty percent (20%) in Licensee; any subcontractor listed in the contract with City; and any committee that is sponsored or controlled by Licensee. Additionally, Licensee acknowledges that Licensee must inform each of the persons described in the preceding sentence of the prohibitions contained in Section
1.126. Licensee shall provide City with the names of each person, entity, or committee described above.
B. Bottled Drinking Water
Unless exempt, Licensee agrees to comply fully with and be bound by all of the provisions of the San Francisco Bottled Water Ordinance when on the Premises, as set forth in San Francisco Environment Code Chapter 24, including the administrative fines, remedies, and implementing regulations provided in that statute, as the same may be amended from time to time. The provisions of Chapter 24 are incorporated by reference and made a part of the License as though fully set forth.
C. Prohibition of Tobacco Sales and Advertising
Licensee acknowledges and agrees that no advertising or sale of cigarettes or tobacco products is allowed on the Premises. This advertising prohibition includes the placement of the name of a company producing cigarettes or tobacco products or the name of any cigarette or tobacco product in any promotion of any event or product.
D. Prohibition of Alcoholic Beverage Advertising
Licensee acknowledges and agrees that no advertising of alcoholic beverages is allowed on the Premises. For purposes of this Section, "alcoholic beverage" shall be Exh. 3-2
defined as set forth in California Business and Professions Code Section 23004, and shall not include cleaning solutions, medical supplies, and other products and substances not intended for drinking. This advertising prohibition includes the placement of the name of a company producing alcoholic beverages or the name of any alcoholic beverage in any promotion of any event or product.
E. Food Service Waste Reduction
On the Premises, Licensee agrees to comply fully with and be bound by all of the provisions of the Food Service Waste Reduction Ordinance, as set forth in the San Francisco Environment Code, Chapter 16, including the remedies provided in that statute, and implementing guidelines and rules. The provisions of Chapter 16 are incorporated in the License by reference and made a part of the License as though fully set forth in this License. This provision is a material term of the License. By entering into this License, Licensee agrees that if it breaches this provision, City will suffer actual damages that will be impractical or extremely difficult to determine. Without limiting City's other rights and remedies, Licensee agrees that the sum of One Hundred Dollars ($100.00) liquidated damages for the first breach, Two Hundred Dollars ($200.00) liquidated damages for the second breach in the same year, and Five Hundred Dollars ($500.00) liquidated damages for subsequent breaches in the same year is a reasonable estimate of the damage that City will incur based on the violation, established in light of the circumstances existing at the time this License was made. Such amounts shall not be considered a penalty, but rather agreed monetary damages sustained by City because of Licensee's failure to comply with this provision.
Exh. 4-1
EXHIBIT 4
Permitted Improvements
[NOTE: NO PERMITTED IMPROVEMENTS TO BE SHOWN]
EXHIBIT 5, PAGE 1 OF 2: LICENSEE'S EQUIPMENT
EXHIBIT 5, PAGE 1 OF 2:
LICENSEE'S EQUIPMENT
7'-6"
48 7'-0"
40 45
6'-0"
35 5'-o"
30 4'-o"
20 25
3'-0"
15 2'-0"
10 1'-0"
0 5
0 PACIFICA
P
DEPT.
OLICE
&
FIRE JPA
RADIO
EQUIPMENT
LOCATED
IN THIS
RACK
RACK 1
NOTES:
MK-8
DUPLEXER 800MHz
SINCLAIR Q4220E-1
IM PANEL (TELEWAVE) TS900PA 1
DANIELS POWER AMPLIFIER
PA8-1AC-RSF-DE-1
VEGA DSP-223
DANIEL MT-4E (DOT)
TX/RX: 856.7625/811.7625 MHz
TX/RX CTCSS: 110.9 Hz
AC POWER STRIP
NEWMAR POWER SUPPLY BATT CHRG
PM-12-70 W CFB OPTION
POWER DISTRIBUTION PANEL
SPU PDP-176
ENR SBSC11 F BATTERIES
2 EA 12V DC/92AH &
BT-113A BATTERY TRAY
RACK 2
DOT
TELEWAVE IM PANEL BP &
MODEL:
DUPLEXER
TPCD-8646SPIM2
DANIELS POWER AMPLIFIER
35W
MODEL: AMP-860-045A-D1 R
DANIEL MT -4E
800 MHz RADIO
TX:855.7375 MHz
AC POWER STRIP X:810.7375 MHz
ioo MHz M/R
TX DCS: 115
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POWER DISTRIBUTION PANEL
SPU PDP-176-12
ENRSYS XE95 BATTERIES
2 EA 12V DC/95AH &
BT-113A BATTERY TRAY
RACK 3
1. ALWAYS MEASURE RACK SPACES STARTING AT ZERO.
(THE TOP OF THE BASE ANGLE PLATE)
2. FOR VAULT LAYOUT, SEE DWG: 441095-030. 4. RACK IS 7 FT.
3. FOR INTERCONNECT DIAGRAM, SEE DWG: 441095-062.
AC POWER STRIP
DUPLEXER (F&G)
SINCLAIR Q2222E-1
IM PANEL SINCLAIR PC2213
POWER AMPLIFIER
CRESCEND 100W
F&G
DSP-223 F&G
DANIEL MT-4E F&G
TX/RX: 151.415/159.435MHz
TX RX CTCSS: 1 41 .3 Hz
NEWMAR POWER SUPPLY BATT CHRG
PM-12-45 W CFB OPTION
SPU 12V DC POWER DISTRIBUTION PANEL
SPU P/N PDP-176
ENR SBS-C11 F BATTERIES
2 X 92 AH EACH
RACK 4
F&G
B-441095-028
::E
C N N
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EXHIBIT 5, PAGE 2 OF 2: LICENSEE'S EQUIPMENT