1999-1214_ELECTRONIC TRACKING SYSTEMS, INC_PTS Receiver Site Agr0 0
PTS RECEIVER SITE AGREEMENT
This Agreement is made by and between City of San Juan Capistrano, Public Works Department
and the Permittee in consideration of the mutual covenants contained herein.
City of San Juan Capistrano:
Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
PERMITTEE: Electronic Tracking Systems Inc.
6340 LBJ Freeway
Dallas, Texas 75240
The Parties agree as follows:
Site Location. City of San Juan Capistrano, Public Works Department is the
owner/operator of a certain maintenance building located at 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675.
2. Permit for Use. City Of San Juan Capistrano, Public Works Department desires to and
by this Agreement allows Permittee the right to use antenna and receiver space at the
location referred to above for the purpose of installing and operating:
A receive only Antenna and Receiver for the sole and exclusive
use of the Orange County Sheriffs Office.
3. Use of Site. Permittee shall use the site for the installation, operation and maintenance of
the equipment listed in Paragraph 2 only, and for no other purpose unless City of San
Juan Capistrano, Public Works Department shall first consent to such altered use in
writing. Permittee shall have the right to reasonable ingress and egress to the site for the
purpose of maintenance and repair of said equipment. All installation, operation, repair,
maintenance and removal of equipment shall be performed by qualified personnel
approved by City of San Juan Capistrano, Public Works Department. In connection with
Permittee's use of site, Permittee warrants that its installation, operation and maintenance
will:
a. in no way damage the site, structure or accessories thereto;
b. not interfere with the maintenance of the site or its lighting system;
C. not interfere with the equipment of other users of the site;
d. comply with all applicable rules and regulations of the Federal
Communication Commission, and any state, county or municipal
authorities having jurisdiction over the site and the parties use thereof
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4. Construction Costs. Permittee shall assume all costs of any construction or work
necessary to facilitate its installation of equipment at the premises.
5. Compatibility with Other Site Users. Permittee acknowledges that other transmission
equipment will be located in and about the site, and further states that its equipment
cannot be operated in a fashion which will interfere with the equipment of other users of
the site. However, in the event of any such interference, Permittee shall change the
equipment or change its method of operation in order to eliminate the interference.
6. Insurance and Indemnity. Permittee shall indemnify and save City of San Juan
Capistrano, Public Works Department harmless from any claims, demands, or causes of
action for property damage or personal injuries caused by the Permittee, the Permittee's
officers, agents, employees, subcontractors, and customers, arising out of Permittee's
presence at or occupation of the premises or the installation, maintenance and operation
of Permittee's equipment except only damages caused solely by the negligence of City of
San Juan Capistrano, Public Works Department. Permittee shall not hold City of San
Juan Capistrano, Public Works Department liable to Permittee in any way for the loss,
destruction or damage to Permittee's equipment located at the site, by fire, explosion,
windstorm, water or any other casualty or by acts of City of San Juan Capistrano, Public
Works Department, or Permittee, or of any third parties. Permittee shall procure and
maintain, at its sole expense, during the term of this Agreement and during any renewal
extension of this Agreement, liability and property damage insurance policies in such
amounts as City of San Juan Capistrano, Public Works Department may from time to
time specify, naming City of San Juan Capistrano, Public Works Department as
additional insured thereunder, and providing City of San Juan Capistrano, Public Works
Department with certificates of such insurance coverage upon request.
7. Notices. All notices or other communication required or permitted hereunder shall be
considered properly given or made when received by the party to whom notice is given
whether mailed, transmitted electronically, or delivered in any other fashion.
8. Emergency Discontinuance of Operation. In the event City of San Juan Capistrano,
Public Works Department or City of San Juan Capistrano, Public Works Department
agents determines that the operation of Permittee's equipment in and about the site is or
threatens to impose an immediate danger to the health, safety or welfare of the public
generally, or to other users of the site or to equipment located on the site, whether by
equipment malfunction or otherwise, City of San Juan Capistrano, Public Works
Department shall be permitted to immediately render Permittee's equipment at the site
inoperative. In the event City of San Juan Capistrano, Public Works Department renders
such equipment inoperative pursuant to the provisions of this paragraph, the parties agree,
warrant and covenant that such action shall be without liability on the part of City of San
Juan Capistrano, Public Works Department to any person for any cause or reason
whatsoever and that Permittee does hereby and shall assume all such liability.
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9. Waiver. Failure or delay on the part of City of San Juan Capistrano, Public Works
Department or Permittee to exercise any right, power or privilege hereunder shall not
operate as a waiver thereof.
10. Amendment. No revision of this contract shall be valid unless made in writing and
signed by the parties or their authorized agents.
11. Termination. Either party may terminate this Agreement, at any time for any reason by
providing at least ninety (90) day's prior written notice to the other party.
a. Force Majeure. Neither party shall be required to perform any term,
condition, or covenant in this Agreement so long as such performance
is delayed by force majeure which shall mean acts of God, material or
labor restrictions by any governmental authority, and any other cause
not reasonable within the control of either party and which by the
exercise of due diligence either party is unable, wholly or in part, to
prevent or overcome.
In Witness Whereof, we have hereunto signed this agreement this /*Oaay of /Jecc 19 -Yf
Title: CITY MANAGER
Date: NOVEMBER 15, 1999
Print Name: Dave Wood
Title: President
Date:
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p: ommoMp6Vskeagrbriginal.doc
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