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R-98-05-14-10F1 - 5/14/1998RESOLUTION NO. R -98-05-14-10F1 WHEREAS, KVUE-TV, Inc. ("KVUE") desires to locate remote weather reporting equipment on the City's Fire Station Number 3 site, 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 14th day of May, 1998. CHARLES CULPEPPER, Mayor City of Round Rock, Texas ATTEST: E LAND, City Secretary K:\WPDOCS\RESOLUTI\R80514F1.WPD/sls 05/15/98 10:08 2%4512 255 8986 Sheets & Cross. --» KVUE fQ002/007 SITE LEASE AGREEMENT Its This agreement is entered into on the I " day of the month of al.R , 1998, by and between KVUE-TV, Inc. (hereinafter referred to as KVUE-TV) and the City of Round Rock, a Texas home -rule municipality (hereinafter referred to as CITY/SITE OWNER). Article 1 Permission Granted; Term; Consideration For and in consideration of the mutual covenants herein contained, CITY/SITE OWNER hereby grants permission to KVUE-TV to locate its weather -reporting sensors, a radio and antenna, appropriate wiring, a mounting pole, and/or related equipment (collectively termed the "Equipment") on property owned by CITY/SITE OWNER located at Fire Station No. 2, 300 Blair, Round Rock, Williamson County, Texas. It is specifically agreed by and between the parties that CITY/SITE OWNER shall have the exclusive right to approve the location of the mounting pole 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 tern 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 II Electrical Power CITY/SITE OWNER shall make available to KVUE-TV, free of charge, electrical facilities to furnish sufficient power for its use of the Equipment. It is specifically agreed by and between the parties that, in the event of any temporary interruption of power provided by such facilities, CITY/SITE OWNER 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, CITY/SITE OWNER agrees to use reasonable diligence and effort to promptly Cidr xT\%vui.WPD/Jkg 05/15/98 10:08 21`512 255 8986 Sheers & Cross. 444 KVUE Ij003/007 restore electrical power. However, in no event shall KVUE-TV have any claim for damages on account of any interruption in electrical service. Article III Site Access CITY/SITE OWNER shall allow KVUE-TV reasonable access to the Equipment during normal business hours, for purposes of periodic servicing and maintenance. Article IV Ownership of Equipment 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 CITY/SITE OWNER to share such data with CITY/SITE OWNER 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. Article V Insurance KVUE-TV shall procure and maintain at its sole cost and expense insurance against claims for injuries to persons or damage to property which rnay 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 CITY/SITE OWNER. The following standard insurance policies shall be required: (1) General Liability Policy; (2) Automobile Liability Policy; and (3) Worker's Compensation Policy. 05/15/98 10:09 2f512 255 8986 Sheets & Cross. -+44 KVUE Z004/007 The following general requirements shall be applicable to all policies: (1) Only insurance companies licensed and admitted to do business in the State of Texas shall be acceptable to and accepted by CITY/SITE OWNER. (2) Certificates of Insurance for all applicable policies shall be given to CITY/SITE OWNER 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 CITY/SITE OWNER 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 CITY/SITE OWNER., 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. (6) Reference on all copies of Certificates of Insurance of the project name for which such insurance is being supplied. 05/15/98 10:09 211512 255 8986 Sheets & Cross. 444 KVLTE 0005/007 All notices shall be given to CITY/SITE OWNER at the following 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 CITY/SITE OWNER 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 VI Force Majeure KVUE-TV hereby absolves CITY/SITE OWNER from any liability for damages to the Equipment due to storms, high winds, or other "acts of God." CITY/SITE OWNER is not absolved from liability for intentional or negligent damage to the Equipment by CITY/SITE OWNER or its agents, servants, employees or subcontractors, to the extent provided by law. Article VII Indemnification and Limitation of Liability 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, CITY/SITE OWNER'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 CITY/SITE OWNER BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR ANY OTHER INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT THAT SUCH MAY BE DISCLAIMED BY LAW. 05/15/98 10:10 '1`512 255 8986 Sheets & Cross. ---► AWE 2006/007 Article VI1J Temporary Inoperability or Removal of Eauiptnent CITY/SITE OWNER 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 CITY/SITE OWNER shall notify KVUE-TV in advance so that KVUE-TV may take precautions as it deems advisable to avoid damage to the Equipment. CITY/SITE OWNER shall have no liability for temporary inoperability of the Equipment. Article IX Termination Either party to this agreement may terminate same, for any reason, by giving thirty (30) days written notice to the other party. Article X Miscellaneous This agreement shall be governed by and construed in accordance with the laws of the State of 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. EXECUTED on the latest date indicated below. KVUE-TV, Inc. By: Sam Rosenwasser Title: f ti (, t.-, � 6 — /16 .t Date: Ji (i'1 std' 05/15/98 10:10 2,512 255 8986 ATTEST: (City Seal) Sheets & Cross. 444 KVLTE Q007/007 CITY O 'OUND ROCK, TEXAS By Charles Culpep e , a or Date: 5-J opt -9? DATE: May 8, 1998 SUBJECT: City Council Meeting - May 14, 1998 ITEM: 10.F.1. Consider a resolution authorizing the Mayor to execute an agreement with KVUE-TV Inc. for the placement of a weather monitoring station at Fire Station #2, 201 Florence Street. 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 will be placed on the building at Station #2 and 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: Lynn Bizzell, Fire Chief.