R-00-05-25-11C6 - 5/25/2000RESOLUTION NO. R- 00.05- 25 -1106
WHEREAS, KVUE - TV, Inc. ( "KVUE ") desires to locate remote weather
reporting equipment at the Dell Diamond, and
WHEREAS, the City Council wishes to allow KVUE to locate said
equipment on the site, and
WHEREAS, KVUE and City Staff have negotiated a proposed Site
Lease Agreement which is acceptable to the Council, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Site Lease Agreement with KVUE for installation of
the aforesaid equipment.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 25th day of May, 2000.
ATTEST:
J�ANNE LAND, City Secretary
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R . STLUKA "JR., Mayor
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City of Round Rock, Texas
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
That the CITY OF ROUND ROCK, TEXAS, a municipal corporation (herein called "City"),
the address of which is 221 East Main Street, Round Rock, Texas 78664, in consideration of the
agreements made herein by KVUE -TV, INC. (herein called "KVUE -TV "), the address of which is
3201 Steck Avenue, Austin, Texas 78757 and/or Post Office Box 9927, Austin, Texas 78766 -0927,
grants contingent permission to KVUE -TV to locate at its sole expense and risk its weather - reporting
sensors, a radio and antenna, appropriate wiring, two (2) mounting poles, and/or related equipment
(collectively herein termed the "Equipment ") on property owned by the City located at the Dell
Diamond, 3400 East Palm Valley Boulevard, Round Rock, Williamson County, Texas 78664.
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AGREEMENT
Article 1.
Lessee's Grant of Permission: Term; Consideration
It is expressly agreed by and between the parties that such contingent permission to locate
the Equipment on the referenced property shall be dependent upon KVUE -TV obtaining a specific
grant of permission from City's Lessee of the premises, Round Rock Baseball, Inc. It is further
expressly agreed by and between the parties that the City's Lessee, Round Rock Baseball, Inc., shall
have the exclusive right to approve the location of the mounting poles and the method of erecting
same.
The specified term of this agreement shall be two (2) years from the date last executed
hereinbelow, and such term may be extended for additional successive one -year periods upon
agreement in writing by both parties tendered at least thirty (30) days before the expiration of the
then - current term.
It is specifically stated by the parties that consideration for this agreement is based upon
mutual benefit, and that such consideration is legally sufficient. There shall be no cash
consideration.
Article 2.
Electrical Power
The City shall make available to KVUE -TV, free of charge, electrical facilities to furnish
sufficient power for its use of the Equipment.
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It is specifically agreed by and between the parties that, in the event of any temporary
interruption of power provided by such facilities, the City shall not be liable in any respect
whatsoever for damages to KVUE -TV, any of its employees, agents, servants, subcontractors, or
assigns, and shall have no liability in any respect whatsoever for damages to the Equipment. Should
any of the Equipment fail (either at the time or later) due to such loss of electrical power, the City
agrees to use reasonable diligence and effort to promptly restore electrical power. However, in no
event shall KVUE -TV have any claim for damages on account of any interruption in electrical
service.
The City shall make no unreasonable objection to its Lessee, Round Rock Baseball, Inc.,
allowing KVUE -TV reasonable access to the Equipment during normal business hours, for purposes
of periodic servicing and maintenance.
KVUE -TV shall retain ownership of and exclusive right to use of the Equipment and the data
garnered by it, for itself, its agents, servants, employees and subcontractors. KVUE -TV (along with
data partner Weather Computation Systems) reserves the right to enter into an agreement with the
City and /or its Lessee to share such data with the City and/or its Lessee through the authorized
purchase of computer and software to access /display such data at the Site. KVUE -TV shall
supervise any installation of such additional computer equipment, and KVUE -TV shall be credited
visually as provider of such data.
KVUE -TV shall procure and maintain at its sole cost and expense insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the terms
and conditions of this agreement, and shall cover performance herein by KVUE -TV, its agents,
representatives, employees, servants, contractors or subcontractors. Such insurance shall be
maintained in full force and effect, without lapse or gaps, for the duration of this agreement.
Certificates of Insurance and endorsements shall be furnished to the City.
The following standard insurance policies shall be required:
(1) General Liability Policy;
(2) Automobile Liability Policy; and
(3) Worker's Compensation Policy.
Article 3.
Site Access
Article 4.
Ownership of Equipment
Article 5.
Insurance
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The following general requirements shall be applicable to all policies:
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(1) Only insurance companies licensed and admitted to do business in the State of Texas
shall be acceptable to and accepted by the City.
(2) Certificates of Insurance for all applicable policies shall be given to the City upon
request.
The following Comprehensive General Liability Insurance shall be required:
(1) Bodily Injury Insurance with minimum limits of Three Hundred Thousand Dollars
($300,000) per occurrence.
(2) Property Damage Insurance with minimum limits of Five Hundred Thousand Dollars
($500,000) per occurrence.
(3) Automobile Liability Insurance for all owned, non - owned, and hired vehicles with
minimum limits for Bodily Injury of One Hundred Thousand Dollars ($100,000) per
person, and Three Hundred Thousand Dollars ($300,000) per occurrence; and
minimum limits for Property Damage of Fifty Thousand Dollars ($50,000) per
occurrence.
(4) Statutory Worker's Compensation Insurance, and Employers Liability Insurance in
a minimum limit of One Hundred Thousand Dollars ($100,000).
KVUE -TV specifically agrees, with respect to any required insurance, that all insurance
contracts and Certificates of Insurance will contain and state in writing upon the certificate or upon
its attachment the following provisions:
(1) Provision for an additional insurance endorsement clause declaring KVUE -TV's
insurance as primary.
(2) Designation of the City of Round Rock, Texas and its officers, employees, and
elected officials as additional insureds under the liability policies (as the interest of
each insured may appear).
(3) Provision for thirty (30) days advance written notice to the City for any policy's
cancellation, non - renewal, or material change applicable to the insurance provisions
under this contract; and, additionally, removal of all language on Certificate of
Insurance indicating in any way by same or similar wording that the insurance
company or agent/broker will "endeavor to notify Site Owner but failure to do so
shall impose no obligation of liability of any kind upon the company, its agents, or
representatives."
(4) Agreement that KVUE -TV waives subrogation against the City, its officers,
employees, and elected officials for injuries (including death), property damage, or
any other loss whatsoever to the extent same may be covered by proceeds of
insurance.
(5) Provision that the comprehensive General Liability Policy shall contain contractual
liability coverage.
3
(6) Reference on all copies of Certificates of Insurance of the project name for which
such insurance is being supplied.
All notices shall be given to the City at the address: Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664 -5299
It is specifically agreed by and between the parties that approval, disapproval, or failure to
act on the part of the City regarding any insurance supplied by KVUE -TV shall not relieve KVUE-
TV of full responsibility for damages and accidents as set forth herein.
It is specifically agreed by and between the parties that bankruptcy, insolvency, or denial of
liability by any insurance company shall not relieve KVUE -TV of liability.
Article 6.
Force Majeure
KVUE -TV hereby absolves the City from any liability for damages to the Equipment due
to storms, high winds, or other "acts of God." The City is not absolved from liability for intentional
or negligent damage to the Equipment by the City or its agents, servants, employees or
subcontractors, only to the extent provided by law.
Article 7.
Indemnification and Limitation of Liability
Article VIII
Temporary Inoperability or Removal of Equipment
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•
Each party hereto agrees to indemnify, defend and hold harmless the other party, any parent
company, any affiliated companies and subsidiaries, and any officers, directors, employees, agents,
successors and assigns from and against claims, suits, judgments and expenses (including reasonable
attorneys' fees) arising out of the acts or omissions of the indemnifying party or its employees and
agents, including breach by the indemnifying party of any of its obligations hereunder. However,
the City's total liability (whether for breach of contract, warranty, negligence, strict liability in tort,
or otherwise) shall be limited to cancellation of this agreement. IN NO EVENT SHALL THE CITY
BE LIABLE FOR ANY LOSS OF USE OR TIME, INCONVENIENCE, COMMERCIAL LOSS,
LOST PROFITS OR SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES TO THE FULL EXTENT THAT SUCH MAY BE DISCLAIMED BY LAW.
The City or its Lessee may, from time to time, make repairs or major or minor renovations
to the Site. In that event, it is specifically agreed by and between the parties that the City or its
Lessee shall notify KVUE -TV in advance so that KVUE -TV may take precautions as it deems
advisable to avoid damage to the Equipment. The City or its Lessee shall have no liability for
temporary inoperability of the Equipment.
Article 9.
Termination
Either party to this agreement may terminate same, for any reason, by giving thirty (30) days
written notice to the other party.
Article 10.
Miscellaneous
This agreement shall be governed by and construed in accordance with the laws of the State
of Texas, and venue shall lie in Williamson County, Texas. This agreement may not be altered,
changed, or amended except by an instrument in writing signed by both parties hereto. This
agreement contains the entire understanding of the parties hereto related to the subject matter hereof,
and supersedes any and all prior oral or written understandings between the parties.
ATTEST:
EXECUTED on the latest date indicated below.
KVUE -TV,
By: /
e Land, City Secretary
(5(-e
Path C. Smith
Title: Vice President, General Manager
Date: 6-2 -00
CITY OF ROUND ROC , TEXAS
5
R.. A. Stluka
Title: Mayor _
Date: ,51025-00
TELEVISION
3201 Steck Avenue
{ Austin, TX 78757
tel 512.459.6521'.
fax 512.459.4023
www.kvue.com
2, 2000
J. Kay Gayle
Brown McCarroll Sheets & Crossfield, L.L.P.
309 E. Main Street
Round Rock, TX 78664 -5246
J. Kay:
Enclosed please £md the new site lease agreement signed by KVUE -TV General Manager
Patti Smith. We would request a signed original (with Mayor Stluka's signature) for our
files.
Please let me know if there is anything else that I can do to help move this project
forward to its conclusion. As always, I thank you on behalf of KVUE -TV for all of your
help.
Brent Annear
Weather Producer
KVUE -TV
Bannear(atkvue.com
459 -2073
A SU85IDIARY OF
BED
DATE: May 19, 2000
SUBJECT: City Council Meeting — May 25, 2000
ITEM: 11.C.6. Consider a resolution authorizing the Mayor to execute an
agreement with KVUE -TV Inc. for the placement of a weather
monitoring station at Dell Diamond The purpose of the
agreement is to allow for the collection of weather data. The data
will be utilized by KVUE -TV Inc., the City of Round Rock, and our
customers. The weather monitoring equipment that will be placed
on Dell Diamond can be accessed by KVUE -TV Inc., for broadcast
during the news cast. Cost to the City is supplying the power to the
equipment. Staff Resource Person: Jim Nuse, Public Works
Director.
Mayor
Robert A. Stluka, Jr.
Mayor Pro -tem
MarthaA Chavez
Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett, Jr-
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
June 15, 2000
Mr. Brent Annear
Weather Producer
KVUE -TV
3201 Steck Avenue
Austin, Texas 78757
Dear Mr. Annear:
The Round Rock City Council approved Resolution No. R- 00- 05- 25 -1106 at their
regularly scheduled meeting on May 25, 2000. This resolution approves the Site Lease
Agreement for installation of a remote weather reporting equipment at the Dell
Diamond.
Enclosed is a copy of the resolution and agreement for your files. If you have any
questions, please do not hesitate to contact Jim Nuse at 218 -5555.
Sincerely,
Christine Martinez
Assistant City Secretary
Enclosures
Fax: 512 -218 -7097
1 -800- 735 -2989 TDD 1 -800- 735.2988 Voice
www.ci.round- rock.tx.us
221 East Main Street
Round Rock, Texas 78664
512- 218 -5400