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Home My WebLink About2003 Atas. Mutual Water Co. Pine Mt. Prop. Memorandum of Understanding This Memorandum of Understanding (MOU) is between the City of Atascadero (the City) and Atascadero Mutual Water Company(AMWC). Scope: This MOU relates only to the operation and maintenance of existing radio equipment and appurtenances used for public safety purposes by the City(the Radio Equipment) on Pine Mountain, Chalk Mountain and San Marcos Tank sites (the Tank Sites) and the installation, operation, and maintenance of new Radio Equipment on AMWC Tank Sites. The Tank Sites are properties owned by AMWC. Purpose: This MOU is to establish conditions for the installation, operation and maintenance of the Radio Equipment on the Tank Sites. Conditions: The City has the permission of AMWC to place, operate, and maintain the Radio Equipment and related wireless equipment at no charge on the Tank Sites, pursuant to the following conditions: 1. Radio Equipment shall be used for public safety purposes only and includes, but is not limited to, power supplies, communications lines, equipment shelters, antennae, masts, pads or other mounting apparatus. 2. All costs and expenses associated with the City's installation, operation and maintenance of the Radio Equipment, including, but not limited to, any increase in property taxes, shall be borne solely by the City and there shall be no negative financial impact upon AMWC. 3. The City's Radio Equipment shall not interfere with AMWC's radio communications at any time now or in the future. To the extent possible, the addition of AMWC radio equipment on the Tank Sites will not unreasonably interfere with the City's use of its Radio Equipment. 4. Before installation of any new Radio Equipment on the Tank Sites, the City shall submit plans to AMWC for review and approval by AMWC. AMWC shall have the right, in its sole discretion, to disapprove any plans submitted by the City. All Radio Equipment shall be installed in conformance with all applicable laws, ordinances and regulations and the plans approved by AMWC. 5. AMWC reserves the right to refuse any request by the City to install new Radio Equipment on the Tank Sites. 6. The City shall coordinate the installation of new Radio Equipment with AMWC and shall notify AMWC before beginning construction activities. No Radio Equipment shall be placed or installed so as to conflict with AMWC/s equipment or maintenance activities or operations. City Of Atascadero/AMWC Tank Site MOU 7. The City shall, at no cost or expense to AMWC, remove or relocate any Radio Equipment that, in the sole opinion of AMWC, interferes with the use of the Tank Sites by AMWC. The location of relocated Radio Equipment on the Tank Sites is subject to the approval of AMWC. AMWC shall notify the City prior to conducting construction or maintenance that poses a potential hazard to the City's Radio Equipment on the Tank Sites. 9. The City has unrestricted access to Radio Equipment placed at the Tank Sites. Use of the Tank Sites and access to the Radio Equipment is limited to the minimum required to install, operate, and maintain the Radio Equipment. 10. AMWC authorizes the City to secure any and all necessary permits from the 3uilding Department, Federal Communications Commission, and the telephone nd electric companies for construction prior to installation of the Radio 1 'quipment. The City shall indemnify, defend, and hold AMWC, and its officers, c `.rectors, employees and agents, harmless from and against any and all claims, d ,wands, damages, costs and liabilities including, but not limited to, interest, pt nalties and reasonable attorney's fees and costs, arising out of, related to or in cc lnection with the City's activities pursuant to this MOU, except for any claims, de nands, damages, costs or liabilities resulting from the gross negligence or wi. "ful misconduct of ANIWC, its officers, directors, employees or agents. 11. Thi MOU may be terminated by AMWC at any time, in its sole discretion, for any -eason, including, but not limited to, the City's abandonment of the Radio Equ oment or its lack of use thereof, upon one hundred eighty (180) days written notit to the City. 12. Atas( adero is a member of CAL JPIA, a shared risk pooling arrangement that provi es in excess of 5 million dollars of coverage. The first twenty thousand dollar ; of such coverage is self-insured, the rest of the coverage is broken down into pt oled coverage by the JPIA and by reinsurance. Atascadero will request that A IWC be included as an additional insured wherever that is possible under the rult s of the CAL JPIA. Atascadero will provide proof of coverage from the CAL JI 'IA; and, 13. The Cit shall, at no expense to AMWC, require all contractors performing work on the R idio Equipment to provide AMWC with the following insurance coveragt issued by a responsible carrier or carriers acceptable to AMWC before the contr actor commences any work at the Tank Sites. a. VN )rkers Compensation and Employer's Liability Coverage at the m; Yimum amount required by California law; City Of Atascadero/AMWC 'ank Site MOU b. Motor Vehicle Liability insurance in an amount not less than $1,000,000 single limit bodily injury and property damage liability per occurrence, which insurance shall include personal injury, blanket contractual and broad form property damage, insuring against all liability of the contractor arising out of or in connection with the performance of work at the Tank Sites. 14. AMWC shall be named as an additional insured on each policy listed in subparagraphs a and b above, and the City shall provide AMWC with proof of such insurance prior to any and each contractor performing work at the Tank Sites. 15. In consideration of AMWC granting the City use of the Tank Sites for its Radio Equipment as provided herein, the City hereby releases, to the fullest extent provided by law, AMWC and its officers, directors, employees and agents, from any and all claims, demands, damages, expenses and costs for personal injury, death and property damage arising from or related to the City's use of the Tank Sites for its Radio Equipment. The City shall obtain a similar release in writing in favor of AMWC from each of its contractors who performs services for the City at the Tank Sites prior to the commencement of any work. 16. The City acknowledges that AMWC has leased portions of the Tank Sites, and may, in the future lease additional portions of the Tank Sites, to third party cellular companies and others. The City agrees that its use of and operation of its Radio Equipment shall not unreasonably interfere with such third parties' use and operation of their cellular or other radio equipment on the Tank Sites. The City agrees that its operation and use of tits Radio Equipment on the Tank Sites shall, at all times, be in compliance with all federal, state and local laws, regulations and requirement pertaining thereto. Dated: R i J G. Couch, Lieutenant John Neil, General Manager City of Atascadero Atascadero Mutual Water Company City Of Atascadero/AMWC Tank Site MOU ti 'ROSER711.WILKINS,JR. T t MAYORIr WILLIAM H.STOVER MAYOR PRO-TEMPORE taseadef® GEORGE P.. HIGHLAND HIGHLANLAND MARJORIE B. MACKEY INCORPORATED JULY 2, 1979 ROLFE NELSON ADMINISTRATION BUILDING MURRAY L.WARDEN CITY MANAGER/CLERK 6501 LEWIS AVENUE POST OFFICE BOX 747 RALPH H. DOWELL,JR. ATASCADERO,CALIFORNIA 93422 CITY TREASURER FINANCE DIRECTOR PHONE (805) 466.8000 April 1, 1980 Elwood Peterson, Superintendent Atascadero Mutual Water Company P. 0. Box 790 Atascadero, California 93422 Dear Mr. Peterson: Confirming our discussions of the past few weeks, please consider this agreement which will allow the City of Atascadero to use the Pine Mountain water storage property belonging to the Atascadero Mutual Water Company (AMWC) . City use will consist of installation and maintenance of transmitter and antenna equipment as needed for the City' s radio communications system. It is mutually agreed that: 1. City will pay the AMWC not more than $10 . 00 per month for the privilege of installing and maintaining a small building and necessary radio, antenna tower and ancilla-2,1_y 1equipment within the fenced boundaries of the water reservoir in the area known as Pine Mountain. 6 At 2. When manpower and equipment are available, City will assist AMWC by grading the existing gravel road utilizing raw material on site so that said road is passable for motor vehicles, 3. City agrees to pay the cost of electrical services to the radio site for all presently installed or City in- stalled radio equipment as billed by Pacific Gas and Electric Company. 4. City agrees to furnish and maintain one small steel building to house City and AMWC radio equipment. This building shall be self-contained and will be positioned on concrete piers so that it may be relocated in the future if necessary. City shall install and maintain a heating/cooling unit within the building for the purpose of maintaining a con- stant temperature essential to modern radio equipment. t k Elwood Peterson, Superintendent Atascadero Mutual Water Company Page Two 5. This use agreement shall become effective upon signature of both parties hereto and shall remain in effect until either party notifies the other of its intention to amend or cancel said agreement. Such notification shall be in writing and delivered to the other party either by mail or in person at least ninety (90) days prior to the effec- tive date of amendment or cancellation. CITY OF ATASCADERO ATASCADERO MUTUAL WATER COMPANY U RAY A DEN ELWOOD PETERSON C' ty pager Superintendent APPROVED AS TO FORM Dated: April 1, 1980 -MLW:ad *40� '*90