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HomeMy WebLinkAboutC19-070 Yampa Valley Electric AssociationSUBLEASE AGREEMENT BETWEEN EAGLE COUNTY, COLORADO and YAMPA VALLEY ELECTRIC ASSOCIATION This Sublease Agreement (the "Agreement") is effective as of (the "Effective Date") between Eagle County, Colorado by and through its oard of County Commissioners (hereinafter referred to as "Landlord" or "County") and Yampa Valley Electric Association, Inc., a Colorado Cooperative Association, (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, County leases property located on United States Department of Interior Bureau of Land Management Property located in the SETA, Section 19, T3S, R84W, Oh P.M., Eagle County, Colorado and referred to as the Upper Castle Peak Communications Site (the "Property"); and WHEREAS, such lease permits the County to enter into subleases with other appropriate users; and WHEREAS, the County desires to sublease certain portions of the Property for use by the Tenant for the purpose of improving radio communications between the Tenant's field service crews and office dispatchers; and NOW, THEREFORE, in consideration of the terms and covenants stated herein, including the rental amount, the sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: ARTICLE 1 Communications Site Landlord hereby leases to Tenant, and Tenant hereby rents from the Landlord, the portion of the Property described as space within the 10x20 communications building (the "Facility"). The Tenant has placed its radio communications equipment, as listed in Exhibit A, in a designated location within the Facility (the "Communications Site"). See Exhibit B attached hereto and incorporated herein which depicts the Communications Site. The Landlord will only provide space to store such radio communications equipment in the Communications Site. Tenant may utilize existing rack space in the Facility for the radio communications equipment. The Communications Site shall be used only for storage of radio communications equipment. Landlord represents and warrants that the execution and delivery of this Agreement and the performance of all covenants and agreements of the Landlord contained in this Agreement are authorized by the Constitution and laws of the State of Colorado and the execution, C19-070 delivery and performance of this Agreement by the Tenant are authorized and have been duly authorized as required by law. Landlord further represents and warrants that execution and delivery of this Agreement and the consummation of the transactions herein contemplated will not materially conflict with or constitute a material breach of any contract, loan agreement or lease to which the Landlord is a party or by which Landlord is bound. ARTICLE 2 Term The term of this Agreement is for one (1) year commencing on the Effective Date and shall expire 12 months after Effective Date unless terminated earlier as specified herein ("Initial Term"). This Agreement shall be automatically renewed for four (4) periods of 12 months ("Renewal Term"), unless either party notifies the other party that it does not desire to renew this Lease pursuant to Article 13 of this Agreement. ARTICLE 3 Rent Tenant agrees to pay Landlord a fixed amount of One thousand eight hundred dollars ($1,800.00) per year for the term of this Agreement. By executing below, Landlord acknowledges receipt of this rental sum. Landlord shall issue an accurate invoice regarding rent and Tenant shall pay rent within 30 days of receipt of such invoice. ARTICLE 4 Insurance Tenant agrees, at Tenant's own expense, to maintain in full force during the Lease term worker's compensation insurance as required by law, comprehensive commercial general liability and property insurance which will cover Tenant and Landlord against liability for injury to persons and/or property, and death of any person or persons occurring in or about the Communications Site. Each policy shall be approved as to form by Landlord. The liability under such commercial general liability and property insurance shall not be less than $1,000,000 per occurrence; $1,000,000 for bodily injury and property damage liability; $1,000,000 for personal injury; and $1,000,000 in annual aggregate limits. The policy shall list as additional insureds the County and any other person or entity Landlord shall designate. All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to Landlord in the event of cancellation of coverage. Certificates of insurance with the required endorsements evidencing coverage must be delivered to Landlord upon execution of this Agreement. Tenant shall provide Landlord a complete copy of any policy of insurance required hereunder within five (5) business days of a written request from Landlord, and hereby authorizes Tenant's brokers, without further 2 notice to or authorization by Tenant, to immediately comply with any written request by Landlord for a complete copy of any policy required hereunder. ARTICLE 5 Indemnification Tenant acknowledges that it uses the Communications Site at its own sole risk. Tenant hereby releases Landlord, Landlord's agents, contractors and employees from liability for any and all costs, demands, losses, damages of any nature whatsoever, and judgments, including attorney's fees, which Tenant may suffer as a result of its use of or operation in the Communications Site, except for the willful misconduct of Landlord. Additionally, Tenant will indemnify Landlord, Landlord's agents, contractors and employees and save Landlord, Landlord's agents, contractors and employees harmless from and against any and all liability for any costs, losses or damages of any nature whatsoever suffered or alleged to be suffered by any third party (including Tenant's members, clients, client's families, directors, officers, employees and agents) as a result of Tenant's use of or operation in the Communications Site. In case Landlord, Landlord's agents, contractors and employees shall be made a party to any litigation commenced by or against Tenant, then Tenant shall fully protect and hold Landlord, Landlord's agents, contractors and employees harmless and pay all costs, expense, and reasonable attorney's fees, incurred or paid by Landlord in connection with such litigation, to the extent allowed by law. Additionally, the parties mutually agree that no Commissioner or officer or employee of the Landlord nor any officer, manager, member, agent or employee of the Tenant shall be held personally liable under this Agreement or because of its enforcement or attempted enforcement. The parties agree that nothing contained herein waives or is intended to waive any protections that may be applicable to the County under the Governmental Immunity Act, C.R.S. § 24-10-101 et. seq., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. This paragraph shall survive expiration or termination hereof. ARTICLE 6 Utilities and Operational Expenses Landlord shall pay for electricity for the Tenant's communications equipment in the Communications Site. Tenant shall not install any other utilities to the Communications Site. 2. With regard to all utilities, it is mutually agreed that Landlord shall not be liable in damages or otherwise for any interruption or failure thereof. 3. Tenant agrees that it will not install any equipment which will exceed or overload the capacity of any utilities facility or in any way increase the amount of utilities usually furnished or supplied for use of the Communications Site. 3 4. Notwithstanding anything to the contrary, Tenant agrees to promptly pay all taxes, license and permit fees of whatever nature applicable to its operations hereunder and to take out and keep current all licenses required for the conduct of its business at and upon the Communications Site. Tenant further agrees not to permit any of said taxes, license or permit fees to become delinquent. Tenant further agrees to promptly pay when due all bills, debts and obligations incurred by it in connection with its operations hereunder and not to permit the same to become delinquent and to suffer no lien, mortgage, judgment or execution to be filed against the Communications Site. ARTICLE 7 Operation and Use of the Communications Site This Agreement is subject to Tenant's need to improve conununications for its field service crew. 2. In the event the existing rack space proves insufficient, with permission of Landlord which shall not be unreasonably withheld, Tenant may mount its own rack or cabinet in an area acceptable to Landlord upon amendment of this Agreement. 3. Tenant shall obtain independent permission from private property owners to cross private property to access the Property. This Lease shall not be construed as an authorization for Tenant to access the Property. 4. Tenant shall obtain its own keyed access to the Facility from the State of Colorado. 5. Tenant's use of the Communications Site is limited to storage of its radio communications equipment within the Facility. Permission to use the tower to transmit its communications shall be obtained from the owner of the tower. This Lease shall not be construed as an authorization for Tenant to use the tower. 6. Tenant agrees that it will keep the Communications Site in a neat, clean, safe, sanitary and orderly condition at all times. 7. Tenant agrees not to use or permit use of the Communications Site for any purpose prohibited by the laws of the United States, State of Colorado, Eagle County and any rules or regulations adopted by Eagle County, all as amended from time to time, and not otherwise authorized hereunder. Tenant further agrees that it will use the Communications Site in accordance with all applicable federal, state and local laws, ordinances, resolutions, and all rules and regulations adopted by County for the operation, management and control of the Facility or Communications Site. 4 All work performed in the Communications Site by Tenant shall conform to generally accepted principles and best practices as contained in the publication "Standards and Guidelines for Communication Sites (R56)," 2017 revision, published by Motorola Solutions, Inc. Tenant further acknowledges that its communications equipment installation is a junior use to all existing uses at the Communications Site, including that of Eagle County, United States Department of Agriculture Forest Service, United States Department of Interior Bureau of Land Management, State of Colorado, Federal Aviation Administration and any other co -located users of the Communications Site (collectively referred to as the "Senior Uses") as of the date of this agreement. Any interference caused by Tenant's equipment shall immediately be corrected by Tenant, at its own expense, to the satisfaction of Landlord and any affected Senior Uses. Tenant may be required to cease operation of the offending equipment immediately until and unless such interference is corrected. 9. Tenant agrees not to improve, change, alter, add to, remove or demolish any improvements in the Communications Site without prior written consent of Landlord. Tenant must comply with all conditions which may be imposed by Landlord in its sole discretion. 10. Tenant will not use, occupy, or permit the Communications Site or any part thereof to be used or occupied for any unlawful or illegal business, use or purposes deemed by Landlord to be disreputable, hazardous, or a nuisance of any kind, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, directions, ordinance, or regulations of the United States of America, State of Colorado, County of Eagle or other municipal, governmental, or lawful authority whatsoever having jurisdiction. 11. Tenant shall not do or permit anything to de done in or about the Communications Site or bring or keep anything therein which will in any way increase the rate of fire insurance upon the Facility wherein the Communications Site are situated. Tenant shall, at Tenant's sole cost and expense, comply with any and all requirements pertaining to the Communications Site of any insurance company necessary for the maintenance of reasonable fire and public liability insurance covering the Communications Site. 12. No hazardous substances or materials are allowed on the Property. Hazardous substances or materials are those which are identified by the State of Colorado or Federal law or regulation as any substance with hazardous material classification greater than one (1) for heath, fire, or reactivity and/or specific hazard designation. 13. No storage of any items, including but not limited to, garbage, chairs, tables, etc. will be permitted outside of the Communications Site. 14. The Tenant shall provide copies of all license(s) issued by the Federal Communications Commission ("FCC") authorizing operation of its radio equipment to the Landlord. The Tenant shall comply with all rules associated with the FCC license(s). ARTICLE 8 Repairs, Alterations and Improvements 1. Tenant shall keep the Communications Site in good order, condition and repair. 2. All reasonable alterations, improvements, and/or additions to the Communications Site by Tenant will only be done at Tenant's expense after obtaining Landlord's written consent. ARTICLE 9 Assignment and Subletting Tenant shall not assign this Agreement or any interest herein, or permit the use of the Communications Site by any person or persons other than Tenant, or sublet the Communications Site in whole or in part. ARTICLE 10 Notification of Access to the Communications Site 1. Tenant shall notify Landlord by telephone or email 24 hours prior to access to the Communications Site in nonemergent circumstances. Under emergent circumstances, such notification shall be as soon as conveniently possible. Telephone or e-mail notice under this Article 10 shall be provided to Landlord's contact as described in Article 17 or as updated from time to time. ARTICLE 11 Default Delinquency by Tenant in the performance of or compliance with any of the obligations of Tenant contained in this Agreement, for a period of ten (10) days after written notice thereof from Landlord, shall constitute a default of this Agreement by Tenant. ARTICLE 12 Remedies If Tenant defaults in any of the covenants, terms and conditions herein, the Landlord may exercise any one or more of the following remedies: 0 1. Landlord may cancel and terminate this Agreement and repossess the Communications Site, with or without process of law, and without liability for so doing, upon giving ten (10) days written notice to Tenant of its intention to terminate, at the end of which time all rights hereunder of the Tenant shall terminate, unless the default, which shall have been stated in such notice, shall have been cured within such ten (10) days. Notwithstanding the foregoing, during the term herein, Tenant shall only be allowed two notices of default which it may cure within the time specified in this section. The third notice shall be final and without opportunity for cure and Landlord, in its sole discretion, may elect (a) to cancel and terminate all rights hereunder of the Tenant, and Landlord may, upon the date specified in such third notice, reenter the Communications Site and remove therefrom all property of the Tenant and store the same at the expense of Tenant, or (b) pursue any other remedies available to it. 2. The remedies provided in this Agreement shall be cumulative and shall in no way affect any other remedy available to Landlord at law or equity. ARTICLE 13 Termination 1. This Agreement may be terminated upon the occurrence of any of the following: a. Default of the Tenant in performance of its obligations hereunder pursuant to Articles 11 and 12 hereof, b. Written notification by Landlord to Tenant that this Agreement will terminate for any reason whatsoever, with or without cause, specifying the date of termination. Said termination date shall be no sooner than thirty (30) days from the date of notification. 2. Upon the termination or expiration of this Agreement Tenant shall peacefully surrender the Communications Site to Landlord, and Landlord at any time after any such termination or expiration, may, without further notice, peaceably reenter the Communications Site and take control of the same. 3. No such termination of this Agreement shall relieve Tenant's liability and obligation under this Agreement, except that Tenant's obligation to pay rent shall be prorated to the period of Tenant's actual possession of the Communications Site. Landlord shall reimburse Tenant for all rent payments received by Landlord in excess of Tenant's prorated rent obligation. ARTICLE 14 Damage, Destruction or Loss 7 1. If the Communications Site, or any portion thereof, is destroyed or damaged by fire or otherwise to an extent that renders it unusable, Tenant may then, at its option cancel and terminate this Agreement. 2. In the event Landlord elects to rebuild, Tenant must replace all of its moveable, equipment and personal property at its sole cost. 3. Landlord shall not be liable for any loss of property or theft or burglary from the Communications Site or for any damage to person or property on the Communications Site resulting from lightning, or water, rain or snow, which may come into or issue or flow from any part of the Facility. ARTICLE 15 No Waiver The failure of Landlord to insist in any one or more instances upon a strict compliance with any of the obligations, covenants and agreements contained in this Agreement, or the failure of the Landlord on any one or more instances to exercise the option, privilege or right herein contained shall in no way be construed to constitute a waiver or relinquishment or release of such obligation, covenant or agreement and no forbearance by the Landlord or any default hereunder shall in any manner be construed as constituting a waiver of such default by the Landlord. ARTICLE 16 Surrender of Communications Site and Hold Over 1. Upon the expiration or earlier termination of this Agreement, or on the date specified in any demand for possession by Landlord after any default by Tenant, Tenant covenants and agrees to surrender possession of the Communications Site to Landlord in the same condition as when first occupied, ordinary wear and tear excepted. 2. If Tenant should remain in possession of the Communications Site after the expiration of this Agreement for whatever reason and without executing any written renewal thereof, then such holding over shall not be deemed as a renewal or extension of this Agreement, but shall be construed as a tenancy from month to month that may be terminated at any time by Landlord or Tenant upon thirty (30) days written notice to the other. Such month to month tenancy shall be subject to all the conditions, provisions, and obligations of this Agreement insofar as the same are applicable to a month to month tenancy. Notwithstanding the foregoing, in the event of a hold over, Tenant's obligations under Article 3 shall be prorated to a month to month rental obligation of one hundred seventy three dollars ($173.00). ARTICLE 17 Notices Except as otherwise provided in this Agreement, all notices to be given with respect to this Agreement shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and return receipt requested, to the parry to be notified at the following address or at such other address as either party may from time to time designate in writing. Landlord: Eagle County Attn: Mick McQuilton, Communications System Administrator P.O. Box 850 500 Broadway Eagle, CO 81631 Phone (970)328-3547 Mick.mcquilton@eaglecounty.us With a copy to: Eagle County Attorney Post Office Box 850 500 Broadway Eagle, CO 81631 Tenant: Yampa Valley Electric Association, Inc. Attn: John Cromer, Operations Manager 2211 Elk River Road Steamboat Springs, CO 80487 Every notice shall be deemed to have been given three days after it shall be deposited in the United States mail in the manner prescribed herein. Nothing contain herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service as a summons or other legal process. ARTICLE 18 Attorney's Fees & Waiver of Right to Jury In the event of any litigation or other action or proceeding between the parties hereto arising out of the performance or nonperformance of this Agreement, or enforcement of any rights or remedies hereunder, including any indemnities herein contained, the prevailing party shall be entitled in such litigation, action or proceeding to also recover as part of any judgment, award or other relief, its reasonable attorney's fees and costs incurred. Landlord and Tenant expressly waive any right which either may have to trial by jury of any dispute arising under the Agreement relating to the issues of termination of this Agreement and rights to possession of the Communications Site. E Article 19 Entire Agreement and Amendments 1. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written statements, understandings or correspondences, if any, with respect thereto. This Agreement may be amended only by written agreement of the parties executed in the same manner as this Agreement. ARTICLE 20 Miscellaneous Provisions 1. If any portion of this Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 2. This Agreement and all agreements herein contained shall bind the parties hereto and their heirs, personal representatives, successors and assigns. 3. This Agreement shall be construed in accordance with the laws of the state of Colorado. The Parties stipulate and consent to the exclusive jurisdiction and venue of the District Court, Eagle County, Colorado, in any civil action which might arise under this Agreement. 4. The signatories below hereby represent and warrant that they have full authority to enter into this Agreement on behalf of their respective entities. 5. The Tenant for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that no person on the sole ground of race, color, religion, national origin, gender, age, military status, marital status, or physical or mental disability shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination in the use of the Communications Site. 6. No agent, employee or volunteer of the Tenant shall be deemed an agent, employee or volunteer of the Landlord. Likewise, no agent, employee or volunteer of Landlord shall be deemed an agent, employee or volunteer of the Tenant. 7. Time is of the essence for the performance of any obligation contained in this Lease. 8. Tenant acknowledges that the Communications Site is not secure from entry by users of other space in the same building. [REST OF PAGE INTENTIONALLY LEFT BLANK] 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. LANDLORD: COUNTY OF EAGLE, STATE OF COLORADO, By and Thlough Its BOARD OF CO TY COMMI SIGNERS. A4 ) ea vrnn'v 06. cQueeney, Chair Attest: a By: �� . 00 Regina O'Brien, Clerk to the Board I TENANT: Yampa Valley Electric Assoc' ion, Inc. By: ' Steve Johnson, CEO Yampa Valley Electric Association, Inc. STATE of COLORADO )ss. COUNTY of ROUTT ) The foregoing instrument was acknowledged before me this day o )l k� 19, by Steve Johnson as CEO for Yampa Valley Electric Association, Inc. Witness my hand and official seal LARISSAK ROCK NOTARY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174000765 N ar PU lic MY COMMISSION EXPIRES 01/06/2021 My commission expires: 12 EXHIBIT A YVEA EQUIPMENT LIST 13 EXHIBIT A �TELEWAVE, INC ANT150F2 FIBERGLASS COLLINEAR ANTENNA 2.5 dBd The Telewave ANT150F2 is an extremely rugged collinear antenna, with moderate gain and wide vertical beamwidth. This compact antenna produces 2.5 dBd gain, and is designed for operation in all environmental conditions. The antenna is constructed with brass and copper elements, with a path to DC ground for lightning impulse protection. All junctions are fully soldered to prevent RF intermodulation, and each antenna is completely protected within a rugged, high- tech radome to ensure survivability in the worst environments. The "Cool Blue" radome provides maximum protection from corrosive gases, ultraviolet radiation, icing, salt spray, acid rain, and wind blown abrasives. The ANT150F2 includes the ANTC485 dual clamp set for mounting to a 1.5" to 3" O.D. support pipe, and a 24" removable RG -213 N -Male jumper. Frequency (continuous) =- Power rating (typ-) !imbed VSWR Vertical beamwidth r� 148-174 MHz 500 watts 1.5:1 or less Qiticjlre;tio 38° 90 -90 ANT150F2156 MHz Vertical Plane Gain - 2.55 dBd ■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■1 ■■■■■■■■■■■■■■■■■■■■ n■■■■■■■■■■■■■■■■■■r WNiiMMINi�iii■■i■iFIA Dimensions (L x base diam.) in. 60 x 2.75 foini °sWf!iyllt (antenna •h-'c�iijip� 12 Ib. Shipping weight 16 Ib. Maximum exposed area 1.3 ft? La er"al'tlir�sta IQ0 V1RH Bending moment at top clamp 67 ft. Ib. OO TViRH, 4Ckg flat. p(Ate equivj - All specifications subject Telewave, Inc. • San Jose, CA • 1-800-331-3396.- 408-929-4400 • www-te''ewave.com to change without notice TWDS-7017 Rev. 1111 Wireless Solutions WS -5300 Stand- JT Apt (1-7/81'x24'') I TES... Pagel of 2 Login I Register I worksheet Find 10 F.1 Base Station Infrastructure > Towers & Site Hardware > Base Station Antenna Mounts > Side Mount Kits > SKU# 488570 IL M 1 Wireless Solutions - Stand -Off Bracket, 3 Foot (1-718"x24") TESSCO SKU : 488570 Mfg Part #: WS-Swo Qty/UOM :1 EACH UPC: 488570 ..........................._....... -..-............... ........ _........-.._..........-.......... _...... .-..-...--....._.........- ... Wireless Solutions Stand-off Bracket 36" with a 1-7/8"0.13 X 24" antenna mounting pipe. Includes mounting hardware for up to 3.5"OD tower legs, List: $172.00 14 T7 PLP 10- WI -LL Your Price: Login Nj IR T z'.L-A v 'Z_ �� tis o l` a tif� I NN 9 Qty: 1 You Might Also Like: Leatherman Charge TTI 0' Hayco Extension Cords Technical Specs Attachments Options GSA Description Mounting Pipe Diameter Item Length Mfg. Warranty L Master Lock Combination Locks f..: t':. eatpMore`�i KLEIN Canvas Tool Bag Contract: Schedule: GS -35F -0548P 70 - Information Technology 36" Stand-off bracket. 1.7/8"OD x 24" antenna mounting pipe. 1-7/B cm 36 in 3 Years Add Magllte & MINI-Magilte Flashlights Explore TESSCO Stay Informed Customers & How To Buy Partner with TESSCO Careers Investors Vision ✓£ Mlsslon 1Mint's New Why TESSCO? Manufacturer Promise 8 WarhIng Al TESSCO Investor Relations & Value Proposition News S Events Become a TESSCO Customer Expectations Job O Opportunities &Search Contact The TESSCO Way Doing Business with TESSCO Demand Generatlon InternlGrad Oppoi lunities Press Releases Partner Program http://www.tesseo.coiiVproducts/displayProductInfo. do?sku=488570&eventG... 8/6/2014 EXHIBIT A S° assuredcommunications' The Conventional MASTR III Base Station provides 0 A comprehensive array of control capabilities The latest in digital signal processing technology ti Fully shielded and removable modules, front -mounted controls, and remote diagnostics The Conventional MASTR III provides the flexibility to change system setup as nec- essary. Whether users are designing a system, program- ming radio functions, or arranging an installation site, MASTR III keeps pace with their needs. Flexible, Efficient Design The microprocessor - controlled, PC programmable options provide flexibility, simplified setup, and easy field upgrades. The fully synthe- sized design of the MASTR III Base Station allows the user to make frequency changes Conventional MASTR° III Station VHF, UHF, 800 MHz A S SA), 3 I quickly, easily, and affordably. In addition, the MASTR III can operate in either a wideband (25 kHz) or narrowband (12.5 kHz) mode. The modular design of the MASTR III Base Station makes maintenance and servicing simple and fast. Each module furnishes easy - to -read indications of proper operation. Equipment is available in 37 -inch, 69 -inch, or 83 -inch cabinets or an 86 -inch open rack. Backward Compatible The MASTR III Base Station can be used in combination with MASTR II or Ile stations. The MASTR III is readily upgradeable through software revisions. EXHIBIT A Technical specifications are subject to change without notice. Product sales are subject to applicable U.S. export control laws Conventional Opuo. s and Accessories Programmable Options Transmit Frequencies Receive Frequencies Channel Guard Digital and Tone Channel Guard Disable Repeater Disable Intercom Function DTMF Decode Morse Code ID Squelch Tail Elimination (STE) Carrier Control Timer Station Control DC Control Tone Control Repeater DC/Repeat Tone/Repeat 2- or 4 -Wire Audio Scan Additional Options Service Microphone Antenna Multicoupler 230V Power Supply Duplexer Antenna Relay (VHF/UHF) Combiner Isolator Squelch -Operated Relay Remote Controllers Battery Standby Battery Charger Gel Cell Battery Voice Guard Encryption AegiSTm Digital Switchable Channel Spacing Conventional Tone'and..DC Remote Controlled Stations Audio (Line to Transmitter) Line Terminating Impedance: 600 sZ Line Level (Adjustable): -20 to +7 dBm Frequency Response: t3 dB @ 300-3000 Hz Tone Control Function Tones: 1050.1150,1250 1350 1450 SecuMt Tone and Transmit Tone: Transmitted 2175 Hz Tone Level: Permissible Control Line Loss ®2175 Hz: Audio (Receiver to Line) Audio Amplifier Input Impedance: Input Level: Output Impedance to Line: Output Level to Line Voice (1 kHz ref): Tone (1 kHz ref): Frequency Response: Hum and Noise, Noise Squelch: Tone Squelch: DC Control Control Currents: Line Loop Resistance (maximum): 1550,1650, 1750,1850,1950 and 2050 Hz 2175 Hz 20 dB Below Volce 27 dB 10 Kn 1 V RMS (for 5 kHz Deviation) 600 s) +7 dBm (Adjustable) +7 dBm (Reference 7 dBm) +1 and -3 dB @ 300-3000 Hz -55 dB (Reference 7 dBm) -30 dB (Reference 7 dBm) -2.5, t6, and t11 mA 11 Kt:) (Includes 3K Termination) One Conventional Channel ReRulatory Data - - . (ef,t, FA V/tLLi i qLWIR'3 C , /ISs' " �T UV FLN I ,kAt rLtZ h14,1_.L L.r�j-..'RvLl '�Wd LF PCW -L I: sU�?� Frequency Power Output FCC Type Applicable industry Applicable CE NTIA Range (Adjustable) Acceptance FCC Rules Canada Industry Marking Certification (MHz) (W) Number Certification Canada Number Number Rules 136-174 10-110 OWDTR-0032-E 22,90 363613-0017 RSS-119 Stations available In UHF that meet JF -1208074 403-450 10-100 OWDTR-0038-E 90 363613-0038 RSS-119 JF -1208074 the following: ETS 300 086 (380-400,403-425) 450-512 10-100 OWDTR-0039-E 22, 90, 74 36368-0039 RSS-119 NA ETS 300 219 ETS 300 113 806-870 10-100 OWDTR-0036-E 90 3636-194-215 RSS-119 NA NA EXHIBIT A Technical speclRcations are subject to change without notice. Product sales are subject to applicable U.S. export control laws General Specificaiops 7. - CABINET INDOOR CABINET Ffoor Mount 37 in. 69 in. 83 In. Size [in. (cm)] Duty Cycle (EIA) Continuous: TransmitlRecelve- 1DO% Ambient Temperature Height 37.0 (94) 69.1 (175) 83.0 (211) Width 21.6 (55) 23.1 (59) 23.1 (59) Depth 18,26 (40) 21.0 (53) 21.0 (53) Weight (min) [(Ib (kg)) Length of AC Power Cable: 10 fi (3048 mm) Metering: Continuous Duty 121 (55) 576 (261) 893 (3i5) Packed, Domestic Shipping 138 (62) 806 (275) 729 (331) Number of Rack Units 17 33 41 Max, Units wlPower Ruft 1 1 1 4 6 Service Speaker: IW @ 811 Service Microphone: Transistorized Dynamic Duty Cycle (EIA) Continuous: TransmitlRecelve- 1DO% Ambient Temperature 136-174 (or full spat performance per EIA): _222 to +1400F (SO to +600C) Humidity (EIA): 90% @ 1220F (500C) Input Power Source: 120 VAC (120%j 47.83 Hz Optional Input Power Source: 230 VAC (116%), 47-63 Hz Standby Battery Source: 26.4 VDC, 60 AHR (min.) Antenna Connections: Type Length of AC Power Cable: 10 fi (3048 mm) Metering: Provided through Handset or 700619 Software Altitude: Tx NOTE One rack unit equate 1.75Inches. Stollens occupy 6 rack units of cahinet space. Operable: Up to 16,0000 (4,6/0 m) Shippable: Up to 60,0DD R (16,250 m) Source Power Drain VHF VHF UHF 800 Frequency Range (MHz) 360512 199 136-174 380512 851.870 Tx 50 60 Conducted Spurious and Harmonic Emission dBm -36 806826 Rx AC In ul Power Frequency Stabilitym 67 120 VAC or 3A 230 VAC 6A 12D VAC or 3A 230 VAC 5A 120 VAC or 3A 230 VAC DC Input Power (A) VU( -119 0.26 -121 0.18 , Wideband Narrowband NPSPAC Tx 13.8 2 2 2 Rx only 13.0 2 2 2 Tx (fulllhalf power) 26A 1218 1218 12/11 Rx only 20.4 0.6 0.6 1 0.5 I ('anSrnitter (All sDecitications measured ner TIA/17IA.An3 Prncarlrirol Number of Channels (Conventional): Up to 12 Audio Response (pro -emphasis): Within +11-3 dB of 6 dBloclave, 300 to 3000 Hz per EIA NOTE: Rated power output is measured at the transmitter power ampl!fior output connector per FCC Typo Acceptance filing Information. Any customer -required optional Items such as power measuring devices andfor duplexers will Introduce loss between the transmitter output connector and the station cabinet output connector. This loss will reduco the available power at the station connector. . eceiveh. (All specifications measured nde TWEIA-6fI3 Prnr.Adtiral VHF UHF 000 Frequency Reno Hz Rated Power Output 136-174 110 360512 199 651-870 100 RFOutput Impedance n 60 50 60 Conducted Spurious and Harmonic Emission dBm -36 SB SB Frequency Stabilitym 11.0 11.0 11.0 Modulation Deviation kHz 025 V -119 0.26 -121 0.18 , Wideband Narrowband NPSPAC O to 16 O to 12.5 NA 01015 0 to 12.6 NA 0 to 15 NA NA FM Noise dB _ 75 85 20 NPSPAC 85 Channel Spacing (kHz) 12.6!26!30 126126 26 12.6 PSPAC Synthesizer StoSize kHz 1,26 1.26 025 Frequency Spread Full Spec MHz 0nRieln,+lnnM4bu.l.I -------.., 2 2 0.5 Number of Channels (Conventional): Up to 12 Audio Response (pro -emphasis): Within +11-3 dB of 6 dBloclave, 300 to 3000 Hz per EIA NOTE: Rated power output is measured at the transmitter power ampl!fior output connector per FCC Typo Acceptance filing Information. Any customer -required optional Items such as power measuring devices andfor duplexers will Introduce loss between the transmitter output connector and the station cabinet output connector. This loss will reduco the available power at the station connector. . eceiveh. (All specifications measured nde TWEIA-6fI3 Prnr.Adtiral Within +11.3 dB of 6 dWoctavo 0 Line Output), 300 to 3006 Hz per EIA Audio Output: 1 Watt at less than 3% distortion @ 100D Hz, 2540 kHz Channel VHF UHF Boo Frequency Rano MHz 136.174 380512 808.825 RFI ut Im adanca i? Sit 50 60 Channel8acln kHz Synthesizer SISize kHz 125125!30 1.26 126!26 1.26 12.6 NPSPAC 5 8.25 Sensitivity (d8m) EIA 12 dBSINAo -118 0.36 V -118 0.35 r -tib 0.28 Thres hold 5 qu etch (dsm)-110 025 V -119 0.26 -121 0.18 , Selectivity EIA 2SI nal dB 12,6 kHz 25 kHz 75 85 75 85 20 NPSPAC 85 30 kHz 90 NA NA Frequency Stabil! m 11A 110 110 Sl nalDts'acaman'Bandwidth kHz lntarmodula8on dB 12611 25130.12 12.6'x1,25:12 25;12 12.6 kHz 25 kHz 75 fig 76 80 80 30 kHz 80 NA NA Surious and Image Refection de 90 90 90 Fre uen . read Full Specs. MHz 20 2.0 0.6 Within +11.3 dB of 6 dWoctavo 0 Line Output), 300 to 3006 Hz per EIA Audio Output: 1 Watt at less than 3% distortion @ 100D Hz, 2540 kHz Channel EXHIBIT B COMMUNICATIONS SITE 14 EXHIBIT B Got.,& Maps Upper Castle Peak Communications Site Satellite Image Imagery ©2019 Google, Map data 02019 Google 50 ft https://www.google.com/maps/@39.7750578,-106.8464338,133m/data=!3m 1! 1 e3 11t