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Home My WebLink AboutRES.2317.11-19-2007BILL NO. 07-198 RESOLUTION NO. a 21)% A RESOLUTIONI AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWER LEASE AGREEMENT WITH FLAT FOOT MEDIA, INC., d/b/a KHIS RADIO, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Tower Lease Agreement with Flat Foot Media, Inc., d/b/a KHIS Radio, in the City of Cape Girardeau, Missouri. A copy of said Tower Lease Agreement is attached to this Resolution and made a part hereof. ED AND ADOPTED THIS DAY OF doveluber , 2007 -,, 6�Ja B. Knudtson, Mayor Gayle I�) Conrad, City Clerk Tower Lease Agreement The parties below agree to the following lease agreement for the purpose of transmitting Radio Station KHIS on a radio tower owned by the City of Cape Girardeau, Missouri. The parties are; The City of Cape Girardeau, hereafter called "The City", and Flat Foot Media Inc., a Missouri non-profit corporation, licensee of KHIS Radio, hereafter called "KHIS". The "Tower", is hereafter defined as a tower owned by The City of Cape Girardeau, located at 2990 Gordonville Road, Cape Girardeau, Missouri. The approximate coordinates are listed below. 37 degrees 18 minutes 15.5 seconds 89 degrees 33 minutes 58.1 seconds The transmitting antenna for KHIS will be located between 60 and 80 feet above ground level on the Tower. A building housing the radio equipment owned by The City is located near the base of the Tower. This building will be permitted to house the KHIS transmitting equipment. Ground space of approximately 6 square feet will be allowed for the KHIS equipment. All equipment required for the transmission of the KHIS radio signal, and any power generator equipment will be purchased by KHIS. Ownership of this equipment shall be retained by KHIS. All the provisions of this lease shall be contingent on the following Conditions: 1) The KHIS transmission equipment shall not cause interference to the radio equipment owned by The City at this site. 2) If such interference from KHIS should occur, KHIS agrees to cease transmission from this Tower immediately on notification by The City. The City may also power -down the KHIS transmitter if such interference should occur, with the condition that KHIS shall be notified immediately afterwards. 3) If a remedy for such interference cannot be found within a period of 90 days, this agreement is null and void, and KHIS will at that point be responsible for removal of its transmitting equipment from the tower and building at this site at the expense of KHIS. 4) This agreement shall be contingent on licensing approval by the Federal Communications Commission (FCC). If KHIS is not able to obtain, or maintain a valid FCC license for this Tower site, this agreement between KHIS and The City is null and void. 5) Within 120 days from grant of FCC license for KHIS to transmit from this Tower, KHIS agrees to install at its expense, an emergency power generator, suitable for powering the KHIS broadcast equipment, and supply at its expense up to 3000 watts of back-up generator power for radio equipment owned by The City at this Tower during utility power failures. The City shall allow the ground space needed for the installation of this generator and any natural gas connections needed. 6) KHIS agrees to allow The City use of the KHIS FM signal on 107.9 MHz free of charge for the purpose of dissemination of emergency information to the population of Cape Girardeau in the event of a disaster, or as a back-up for the emergency communications use of The City in the event of a disaster, if communications equipment owned by The City fails to operate. 7) KHIS agrees to allow The City use of any excess internet bandwidth at this site at no charge 8) KHIS agrees to monitor the air temperature inside the building at this site via the KHIS remote control system as a free service to The City. 9) KHIS agrees to monitor the lights on The Tower via the KHIS remote control system as a free service to The City. 10) This in-kind exchange of services agreement shall remain in effect for the following term, as long as the above Conditions continue to be met. This is an initial Term of 5 years, starting from the first day of regular broadcasting by KHIS from this Tower owned by The City. Five additional 5 year renewals shall be available as long as the Conditions stated above continue to be met. By� David Obe oenner KHIS Radio Date- ! z /_Zt / 07 Mailing Addresses: KHIS Radio Attention- David Obergoenner PO Box 1030 Cape Girardeau, Missouri 63702 The City of Cape Girardeau Attention: Doug Leslie PO Box 617 Cape Girardeau, MO 63702-0617 0 By: oug eslie, City Manager b City of Cape Girardeau Date: BILL NO. 07-198 RESOLUTION NO. ::g _�/ 7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TOWER LEASE AGREEMENT WITH FLAT FOOT MEDIA, INC., d/b/a KHIS RADIO, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Tower Lease Agreement with Flat Foot Media, Inc., d/b/a KHIS Radio, in the City of Cape Girardeau, Missouri. A copy of said Tower Lease Agreement is attached to this Resolution and made a part hereof. AND ADOPTED THIS �q DAY OF A ov em be r , 2001 Gayle Conrad, City Clerk eiB.�Knudtson, Mayor Tower Lease Agreement The parties below agree to the following lease agreement for the purpose of transmitting Radio Station KHIS on a radio tower owned by the City of Cape Girardeau, Missouri. The parties are; The City of Cape Girardeau, hereafter called "The City", and Flat Foot Media Inc., a Missouri non-profit corporation, licensee of KHIS Radio, hereafter called "KHIS". The "Tower", is hereafter defined as a tower owned by The City of Cape Girardeau, located at 2990 Gordonville Road, Cape Girardeau, Missouri. The approximate coordinates are listed below. 37 degrees 18 minutes 15.5 seconds 89 degrees 33 minutes 58.1 seconds The transmitting antenna for KHIS will be located between 60 and 80 feet above ground level on the Tower. A building housing the radio equipment owned by The City is located near the base of the Tower. This building will be permitted to house the KHIS transmitting equipment. Ground space of approximately 6 square feet will be allowed for the KHIS equipment. All equipment required for the transmission of the KHIS radio signal, and any power generator equipment will be purchased by KHIS. Ownership of this equipment shall be retained by KHIS. All the provisions of this lease shall be contingent on the following Conditions: 1) The KHIS transmission equipment shall not cause interference to the radio equipment owned by The City at this site. 2) If such interference from KHIS should occur, KHIS agrees to cease transmission from this Tower immediately on notification by The City. The City may also power -down the KHIS transmitter if such interference should occur, with the condition that KHIS shall be notified immediately afterwards. 3) If a remedy for such interference cannot be found within a period of 90 days, this agreement is null and void, and KHIS will at that point be responsible for removal of its transmitting equipment from the tower and building at this site at the expense of KHIS. 4) This agreement shall be contingent on licensing approval by the Federal Communications Commission (FCC). If KHIS is not able to obtain, or maintain a valid FCC license for this Tower site, this agreement between KHIS and The City is null and void. 5) Within 120 days from grant of FCC license for KHIS to transmit from this Tower, KHIS agrees to install at its expense, an emergency power generator, suitable for powering the KHIS broadcast equipment, and supply at its expense up to 3000 watts of back-up generator power for radio equipment owned by The City at this Tower during utility power failures. The City shall allow the ground space needed for the installation of this generator and any natural gas connections needed. 6) KHIS agrees to allow The City use of the KHIS FM signal on 107.9 MHz free of charge for the purpose of dissemination of emergency information to the population of Cape Girardeau in the event of a disaster, or as a back-up for the emergency communications use of The City in the event of a disaster, if communications equipment owned by The City fails to operate. 7) KHIS agrees to allow The City use of any excess internet bandwidth at this site at no charge 8) KHIS agrees to monitor the air temperature inside the building at this site via the KHIS remote control system as a free service to The City. 9) KHIS agrees to monitor the lights on The Tower via the KHIS remote control system as a free service to The City. 10) This in-kind exchange of services agreement shall remain in effect for the following term, as long as the above Conditions continue to be met. This is an initial Term of 5 years, starting from the first day of regular broadcasting by KHIS from this Tower owned by The City. Five additional 5 year renewals shall be available as long as the Conditions stated above continue to be met. David Obergoenner KHIS Radio Date: Mailing Addresses: KHIS Radio Attention: David Obergoenner PO Box 1030 Cape Girardeau, Missouri 63702 The City of Cape Girardeau Attention: Doug Leslie PO Box 617 Cape Girardeau, MO 63702-0617 2 Doug Leslie, City Manager City of Cape Girardeau Date: