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HomeMy WebLinkAboutWaterloo MSA LP dba Verizon Wireless - Site Access Agreement-12/16/2013Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Wind 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT Ai -Large CITE DF WATERL IOWA COMMUNITY PLANNING MW DEVELOPMENT 715 Mulberry Street a Waterloo, Iowa 50703-5783 (319) 291-4366 Fax (319) 291-4262. NOEL C. ANDERSON, Community Planning &De rioprnencDarctor CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2013 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 c/o' SUBJECT: Resolution approving the site access agreement with Waterloo MSA LP d/b/a Verizon Wireless for access to the Byrnes Park site for a new cell tower for environmental, geotechnical, radio testing, etc., and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of agreement Summary Statement: The City of Waterloo is working with Verizon Wireless for the placement of a new cell tower at Byrnes Park, in a location that does not interfere with golf play, park use, etc. This agreement is a step in that process for the company to be assured the site will work for their ongoing needs. Expenditure Required: NA Source of Funds: NA Policy Issue: Wireless service in the community, Property Management for the City of Waterloo. Alternative: NA Background Information: The City of Waterloo has worked with the Verizon staff to find a location that will enhance their network, as well as provide lease funds to the City of Waterloo — while not interrupting other uses at the city site. CITY WEBSITE: wwwcLwaterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer VZW Site ID: WATC Miller SITE ACCESS AGREEMENT This Site Access and Indemnity Agreement (this "Agreement") is executed by Waterloo MSA LP d/b/a Verizon Wireless (the "Licensee"), whose principal business address is 180 Washington Valley Road, Bedminster, NJ 07921, and the Board of Park Commissioners of the City of Waterloo, a municipality, incorporated under the laws of the State of Iowa (the "Owner") whose mailing address is 715 Mulberry Street, Waterloo, Iowa 50703. BACKGROUND As part of Licensee's investigations and consideration pertaining to the suitability of that certain real property (the "Property") located at the southwest corner of the intersection of Orange Grove Avenue and Campbell Avenue, Waterloo in Black Hawk County, Iowa, as more fully described in Exhibit "A", attached hereto and incorporated herein, for the placement, maintenance and use of a communications facility and appurtenant uses, the Owner has agreed to grant to Licensee and other persons, as described herein, a license, among other things, to conduct environmental inspection, testing and sampling activities on the Property. The purpose of this Agreement is to memorialize the understandings of Licensee and Owner regarding the foregoing investigations, including without limitation, the terms and conditions of the environmental testing and sampling to be conducted by Licensee's authorized agents, contractors, consultants and employees, and to enter a site access license to implement same. NOW THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other considerations set forth in this License, Licensee and Owner agree as follows: 1. Ownership & Effect. Owner hereby represents to Licensee that: (1) Owner is the owner of the Property; (2) Owner has exclusive and absolute control over the Property and has not granted to another party the right to use the Property; and (3) Owner is under no legal obligation to restrict Licensee's access or use of the Property in a manner inconsistent with the terms of this Agreement. The Owner hereby grants a license that is limited in purpose and scope to the least amount of access which is required to undertake and fully complete the investigations contemplated herein, and this Agreement does not represent a lease or create in Licensee, any interest in the Property or any other property owned by the Owner or create a partnership, joint venture or any association or relationship between the Owner and Licensee. 2. Access to Property and Owner's Consent. Owner grants to Licensee and its agents, advisors, employees, consultants, representatives, and independent contractors, including environmental contractors and consultants hired directly or indirectly by Licensee (collectively, the "Licensee Representatives"), the right, but not the obligation, of ingress to, egress from, and access under, above, and through, the Property for the purpose of allowing the Licensee Representatives to: (1) conduct radio tests, including the placing of radio broadcast/receive equipment on the Property for necessary periods; (2) conduct physical, structural and geotechnical testing; (3) conduct environmental inspections, tests, collect samples of soil and water, building materials and other substances and perform any other environmental assessment activities that they reasonably determine KSMO Region rev 5/29/08 VZW Site ID: WATC Miller to persons that has allegedly been caused by any Licensee Representatives pursuant to any activity of Licensee Representatives on or about the Property, and Licensee shall not have any liability or obligation to indemnify or hold harmless Owner for any damage to the Property or injury to persons unless Licensee receives from Owner prompt written notice of the damage or injury (notice provided within 60 days of the alleged damage or injury will be considered prompt unless action is not capable of being taken in less than 90 days or unless evidence necessary to defend a matter is unavailable sooner). In addition, before it will be liable to provide any monetary payment to Owner for any indemnified damage to the Property, Licensee and the affected Licensee Representatives shall have the right to restore the part of the Property that has been damaged, using contractors and consultants selected by them and reasonably satisfactory to Owner. The site access granted to the Licensee and/or Licensee Representatives pursuant to this Agreement extends to any repair or restoration work required to remediate any damage to the Property that is indemnified pursuant to this Section. (b) Owner hereby agrees to indemnify and hold Licensee and the Licensee Representatives harmless from: (1) penalties, legal actions, or suits from regulatory or third party sources the basis of which are not directly related to the actions or inactions of the Licensee or Licensee Representative, and (2) any type of cost, expense or liability the basis of which does not arise from the actions or inactions of the Licensee or Licensee Representative and (3) any other damages or injuries to Licensee Representatives persons and/or property which arise from or relate to: (i) any act or omission of Owner or Owner's tenants, invitees, licensees or other Owner -authorized persons, except to the extent that such damages or injury are caused by or arise from the negligent acts or omissions or willful misconduct of Licensee Representatives, (ii) any condition or other appurtenance of the Property which was not fully disclosed to Licensee Representatives or is not apparent to Licensee Representatives exercising reasonable caution as to the nature, location and peril of such condition or appurtenance, or (iii) any misrepresentation in or breach of warranty of this Agreement. Notwithstanding the foregoing indemnity by Owner, Licensee acknowledges that the Property abuts a public golf course, that all Licensee Representatives enter the Property subject to all risks and hazards of golf play, and that damages or injuries arising from or in connection with golf play are not within the scope of Owner's indemnity. 5.1. Insurance. Licensee agrees that it and each of the Licensee Representatives shall, at their own cost and expense, maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $1,000,000 for damage or destruction to property in any one occurrence. Owner shall be named as an additional insured on any such policy. 6. Confidentiality and Test Results. Owner understands and acknowledges that the environmental testing to be undertaken herein may create legal duties applicable solely to Owner if conditions of pollution are discovered. Licensee has advised the Licensee Representatives and its contractors to make laboratory test results, wetland and other surveys, and sample locations available to Owner upon Owner's request. However, any reports prepared by Licensee's contractors are confidential, and Licensee may, but is not obligated to provide its confidential reports, other than laboratory test reports and sample locations, to Owner. Owner acknowledges and agrees that it is the sole and lawful owner of any samples that are taken during the activities undertaken pursuant to this License, and any investigation -derived media (i.e., drill cuttings, well purge water) generated by the investigation, and that this media may require off-site disposal based upon test results. Owner 3 VZW Site ID: WATC Miller 12. Complete Agreement; Survival. This Agreement records the entire understanding between the parties regarding the subjects addressed in it and supersedes any previous or contemporaneous agreement, understanding, or representation, oral or written, by either of them. 13. Execution and Effectiveness. The parties may execute this Agreement in counterparts. Each executed counterpart will constitute an original document, and all executed counterparts, together, will constitute the same agreement. This Agreement will become effective upon the last signatory's delivery of the fully executed document to the other party, and the last signatory shall fill in the EXECUTED date below prior to such delivery. EXECUTED: t/t°CPigt1Q.2..cg..- , 2013. OWNER: BOARD OF PARK COMMISSIONERS OF THE CITY OFWA'TE O By: Print Name: ;,,% it+ rte r Uc? 5 Title: (?1 ct r Date: /3. - /O -cO /3 Approved b City of WaterlooIowa By: (14/ Print Name:6-I42S* Cs. GCt riL Title: y p !- Date: Date: De cew . /(o, ZO 13 LICENSEE: WATERLOO MSA LP D/B/A VERIZON WIRELESS By: Print Name: Aaron Glass Title: Executive Director -Network Date: KSMO Region rev 5/29/08 VZW Site ID: WATC Miller EXHIBIT A LEGAL DESCRIPTION UNPLATTED WATERLOO WEST ALL THAT PART OF THEN 1/2 SEC 34 T 89 R 13 LYING ELY OF ANSBOROUGH NLY OF MARTIN ROAD & WLY OF W 4TH ST & SWLY OF FLETCHER AVE & SLY OF CAMPBELL AVE & VAC CAMPBELL AVE & SERGEANT RD EXC HWYS & EXC COM AT A PT 30FT S OF CENTERLINE OF CAMPBELL AVE ON THE WLY LINE OF ORANGE GROVE AVE EXTENDED S ACROSS CAMPBELL AVE TH WLY 150 FT ALONG S LINE CAMPBELL AVE TH S 300FT PAR WITH W LINE ORANGE GROVE AVE EXTENDED TH E 150FT ON A LINE PAR WITH S LINE CAMPBELL AVE TO APT 300FT S OF S LINE OF CAMPBELL AVE ON WLY LINE ORANGE GROVE AVE EXTENDED TH N TO PT OF BEG AND EXC BEGAT THE SE COR SW NW TH W 198FT TO PT OF BEG TH N 220FT THE 220FT TO A PT 22 FT E OF E LINE SWNWTH SELY 225.2 FT TO PT ON S LINE NW 1/4 66 FT E OF SECOR TH W 66 FT TO PT OF BEG & EXC COM ATA PT ON CENTERLINE W 4TH ST 472.1 FT SW FROM INTERSECTION WITH THE S LINE NW NE TH NW 330 FTTH SW 9 RDSTH SE 330 FT TH NE 9 RDS TO PT OF BEG 7