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RES 2017-35 Adopted RESOLUTION NO. 2017- 35 AUTHORIZING A WATER TANK LEASE AGREEMENT BETWEEN THE CITY OF NORTH AUGUSTA AND EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, FOR THE FIVE NOTCH ROAD WATER TANK WHEREAS, Edgefield County Water and Sewer Authority desires to lease from the City certain space on the City's Five Notch Road water tank to attach solar powered equipment to be exclusively to transmit meter data. WHEREAS, the City of North Augusta desires to lease to Edgefield County Water & Sewer Authority, certain space upon the City's Five Notch Road water tank upon which Edgefield County Water and Sewer Authority intends to attach solar powered equipment to be used exclusively to WIRELESSLY transmit water meter data; and, NOW THEREFORE BE IT RESOLVED that the Mayor and City Council for the City of North Augusta in meeting duly assembled and by the authority thereof, hereby authorize the attached Water Tank Attachment Lease Agreement between the City and Edgefield County Water and Sewer Authority, for the Five Notch Road water tank. BE IT FURTHER RESOLVED, that the City Administrator is authorized to sign the agreement on behalf of the City and to sign all other documents relating thereto. DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 21ST DAY OF AUGUST, 2017. Robert A. Pettit, Mayor ATTEST: 8 • Donna B. Young, City Clerk U WATER TANK SITE LEASE AGREEMENT BETWEEN THE CITY OF NORTH AUGUSTA AND EDGEFIELD COUNTY WATER AND SEWER AUHTORITY THIS AGREEMENT (Agreement") is executed this day of 2017, between the property owner City of North Augusta, South Carolina, a municipal corporation, hereinafter designated as ("Lessor") and Edgefield County Water and Sewer Authority, hereinafter designated ("Lessee"). WHEREAS, Lessee desires to install a Solar Repeater (herein referred to as ("Wireless Communication Equipment") upon a Water Tank owned by the City of North Augusta for the purpose of wirelessly transmitting water meter readings. NOW THEREFORE, for and in consideration of the terms and mutual promises herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee agree as follows: 1. Property Description a. Lessor is the owner of the real property located at West Five Notch Road,North Augusta, South Carolina 29841, (hereinafter called the "Property"), as described or depicted in Exhibit "A"., attached hereto and made part hereof. Lessee is hereby granted non- exclusive use of the Water Tank located on the Property for the primary purpose of installing and maintaining Wireless Communication Equipment, as described and/or depicted in Exhibit "B" attached hereto and made part hereof 2. Property Use a. Lessee is hereby granted the non-exclusive right to install, maintain, operate, remove and replace its Wireless Communications Equipment and appurtenances on the Lessor Water Tank. b. The primary purpose of the Property is for the operation of a water storage tank and such other operations of the North Augusta Public Services Department. c. Any modifications to the Wireless Communication Equipment or expansion of the same shall require an amendment to this Lease and Lessor's written approval prior to installation or modifications. d. Notwithstanding the above, exchange of like-kind equipment on the Water Tank shall not require approval of Lessor unless such exchange results in increased noise output, other appreciable impact, or potential health or safety impact. 8/24/2017 e. Lessee shall be responsible for all necessary utility service connections for its equipment and shall be solely responsible for all costs and expenses related to connection, disconnection, consumption and use of any utility service. f. Lessee shall not take any action with respect to the remainder of the Property or its equipment installed on the Water Tank or Property that would hinder collocation by any other telecommunications provider(s). g. Lessor shall not be required to alter the Water Tank, the Premises, or the Property to accommodate Lessee's operation of its Wireless Communication Equipment. h. Lessee shall comply with all present and future rules and regulations imposed by any local, state, or federal authority having jurisdiction over transmissions and operations involved in the wireless communications systems and equipment. 3. Initial Term a. The initial term of this Lease shall be for a period of five (5) years. b. Upon the commencement of this Lease Lessor shall pay Lessee a rent payment of One Dollar ($1.00)per year. c. All Rent Payments shall be made payable to "City of North Augusta", and delivered to the Attention of City Clerk, PO Box 6400, North Augusta, SC 29861-6400. 4. Renewal Term a. The initial term shall automatically renew for five (5) successive renewal terms of five (5) years each(each a"renewal term", under the same terms and conditions, provided. 5. Termination of Lease Agreement. Except as otherwise provided herein, this Lease may be terminated by either party without any penalty or further liability upon ninety (90) days written notice. 6. Insurance. a. During the terms of the Lease Lessee shall obtain and maintain, at their own expense, a policy of commercial general liability insurance with bodily injury limits of$1,000,000 for injury or death to one (1) person, $2,000,000 per occurrence and property damage insurance with a limit of $1,000,000 or $3,000,000 combined single limit coverage for bodily injury and property damage. b. Lessee may satisfy the limits required in this section with the combination of primary and excess/umbrella liability insurance policies naming the Lessor as additional insured. 8/24/2017 c. Lessee shall provide Lessor with a certificate of insurance showing the Lessor named as an additional insured on said commercial general liability insurance. 7. Destruction of Premises. a. In the event the Premises and/or Water Tank is damaged or destroyed by fire, wind, flood or other natural or manmade cause, the Lessor shall have the option to repair or replace the Premises or to terminate this Lease effective on the date of such damage or destruction. If the Lessor elects to repair or replace the Premises, until such repair or replacement is completed, and during such time the Lessee is unable to utilize the Property, Lessee shall be entitled to the pro-rata reimbursement of any rent prepaid by Lessee. If the Lessor undertakes such repair or replacement, but cannot complete the same within one hundred eighty days (180) days after the damage occurred, Lessee may terminate this Lease upon thirty (30) days written notice and have no further obligations hereunder. In the event the Lessor elects to terminate the Lease, Lessee shall have no further obligations hereunder. b. In the event the Water Tank is damaged by Lessee or its officers, agents, employees, servants, or contractors, Lessor shall repair, restore or replace the tank, and, upon receipt of written documentary evidence Lessee shall pay to Lessor all costs incurred in cleaning and/or repairing or replacing the Water Tank necessitated by said damage. 8. Accommodation of Other Carriers a. Lessee acknowledges that other wireless companies may be potentially using the Property for similar wireless communication use. Lessee agrees to timely cooperate with Lessor and such third party users in order to maximize the potential use of the Property; however, such cooperation shall not cause Lessor to encumber any expenses to permanently or temporarily relocate Lessee's Wireless Communication Equipment. 9. Maintenance of Water Tank a. Upon at least ninety days' written notice from Lessor, Lessee at its sole cost and expense, shall make any necessary arrangements to either temporarily protect or remove all or portions of its wireless communication equipment on the Water Tank to allow for painting or other maintenance of the Water Tank. In the event of an emergency, advance notice shall not be required. b. If Lessor and Lessee agree that it is reasonable to keep all or any portion of the wireless communications equipment in place during such painting or other maintenance of the Water Tank any additional expense of repainting, repairing or maintaining the Water Tank incurred by Lessee and caused by the presence of Lessor's communications equipment shall be paid promptly Lessee to Lessor. 8/24/2017 10. Entire Agreement; No Oral Statements a. It is agreed and understood that this Agreement contains all agreements, promises and understanding's between Lessor and Lessee and that no oral agreements, promises or understandings shall be binding upon either Lessor or Lessee in any dispute, controversy or proceedings at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by both parties. 11. Electronic Information Exchange Lessee agrees to provide Lessor at no charge and on a monthly basis written information collected by the above referenced wireless communications equipment to include but not limited to, water meter readings, customer contact information, and other data on customers that utilize Lessor for sanitary sewer service. IN WITNESS WHEREOF, Lessor and Lessee have executed this tank attachment Lease Agreement as of the date and year first above written. LESSEE/EDGEFIELD COUNTY WATER& SEWER AUTHORITY WITNESS: BY: TITLE: LESSOR CITY OF NORTH AUGUSTA, SOUTH CAROLINA WITNESS: BY: TITLE: 8/24/2017 STATE OF SOUTH CAROLINA ) PROBATE COUNTY OF AIKEN ) Personally appeared before me and made oath that saw the within sign, seal, and as act and deed, deliver the within Agreement, and that with witnessed the execution thereof. Sworn to before me this day of , 2017. Notary Public for My Commission Expires Personally appeared before me and made oath that saw the within sign, seal, and as act and deed, deliver the within Agreement, and that with witnessed the execution thereof. Sworn to before me this day of , 2017. Notary Public for My Commission Expires 8/24/2017 Exhibit "A" te Yi Ar e , ,, Five Notch Read _ . Water Tank .tA I" .. x ,. viiiii re i, Y, pt f t _ �M i. .„ ). .... • maw 4 y +i tiroy �e 1. 1 a �► WAL[�N WELL 7((bF7q" l t III a 8/24/2017 Five Notch Road Water Tank ri ff,} ":, ., � K • `�di1r 1014-4 irY *F• ° 1Y , '• *+l Y • : •s � V + a 1 v .S' 3 , � - a r (91 .y 0. y y-Mt f '':.+' .-t 3 41 .F•• �,��ps t I J {.Y+K4 a +y1 ! } _y- '''.1.1"', #. iB 1. J 1 1 hiG 4 41iii.N4i� Su^a+5ud'� t..�asvc..,d.d II a x". 1- •BS-f. Fx r _ . 'r^ ' i- �'4�L6 I�i - ' .10.. .. _! -r.1 �' .4 1: ce a . � ty�1 ;t • - � !�.fie-... : _ . .. .". i a, ,,r+- . 8/24/2017 Exhibit "B" 1-LightTM Galaxy Solar Repeater SPECIFICATIONS / ... I , ii''T. I I—i 1 1 if x Ili ' I Operating temperature: -1C°to+60 tir ;,1 ' [ Frequency Range_ 4'50-470MHz-Lensed band Cranrel Bands‘idth, 6.25tt1-1z Receiver Sent itkvl 120d3rr d 8kbps Output Trans Tit.Power: Up to-36dBm!4W'att ., Cerri`Ecation FCC Part 90.210,spectrum mask E Range to ease Station Of end urn.,_ Up to 20km,depending on the _ env:ronment and tt ppgraphy .. x.fi ,tit , a,. r En�;_:OSJre 0610x 300 x 350 Env=rcnnienta Protection; 1 06 ' k 8/24/2017 1~ 01(7C*i /f / (7()1111 J� '4'/<�/` � (;'~'l\ V/- 4 11-1/ 4|m | ��cX�c|`i^ S0-4-.770-\ 5Q0 l'ax -|Ol7 June 9, 2017 City of North Augusta Attn: Mr. James Sutton, Director of Public Seniices 61 Claypit Rd. North Augusta, SC 29841 Re: Request to Install (on the City of North Augusta's Five Notch Rd. Elevated Storage Tank) a Repeater for ECVVSA'sAKA| Metering System Dear Mr. Sutton, Pursuant to our recent phone conversation on June 7, 2017, I am requesting on behalf of Edgefie|d County Water gt Sewer Authority (E[VVS4) permission to install a repeater on the City of North Augusta's elevated storage tank located at the intersection of Five Notch Rd. and 1'30. This repeater will enhance communications between our customer's water meters and our data collection station located on HWY 25. I am including a specification drawing of the proposed repeater. It will be solar powered, so no permanent wiring or electrical connection will be needed, ECWSA has been installing a fixed based meter reading system (,4K8i) over the last several months in our service area that overlays a portion of the City of North Augusta. In this area, the City currently has several thousand residents that have sewer service through the City and water service through FCWSA, It is our endeavor through cooperation with the City, that we may both be able to experience a cost savings through the reduction of labor costs in manually reading these meters. The Authority proposes that if we are allowed to install the above referenced repeater at no cost, we will partner with the City of North Augusta to facilitate an interface that will electronically transfer monthly meter readings to the City for sewer billing purposes. Thisprocc^snnaYtakeafevvmoonthstocornp|ete. In closing, E[yVSA appreciates the City of North Augusta's consideration of this proposal. We firmly believe that the proposed arrangement will provide long term financial savings to both parties as well as improved data and service to our shared customers. Yours sincerely, _ / �� `__� John Hare ECWSAAdrnInbomm FrA:AV/2 MASTER 101 Regency Parkway Mansfield,Texas 76063 817-842-8000 800-765-6518 Fax 817-842-8100 John Hare Edgefield County Water & Sewer Authority 100 Water Works Rd Edgefield, SC 29824 (803) 637-4018 John, Per our conversation, the dimensions for the Master Meter Allegro Solar Repeater are as follows: 24" W x 12" L x 12" H. Charlie Montelongo is currently working with Master Meter's Marketing department to release a formal data sheet with these dimensions as well as updated RF range and power output. As soon as the new data sheet is available, I will make sure that a copy is emailed to you. Let me know if you have any questions. Thank you very much, g444.1.04, Ft244e4 Brandon Foster Regional Vice President of Sales bf o ste r(c�m a st e rm ete r.c o m (706) 594-5763 Visit our Web Site:www.mastermeterinc.com - 1 -