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07-B Star~NET LeaseAGENDA INFORMATION SHEET PROJECT: Consideration of and action on a resolution approving and authorizing the City Manager to execute a lease agreement with Star-Net Online Systems for non-exclusive use of the City's water tower for the placement of antennas. BACKGROUND: Star-Net Online Systems is the City of Paris's current provider of Internet and wireless services. The main City offices on 1 st Street N.E. are connected directly to Star-Net via Category 5 cable and are receiving 768 Kbps of bandwidth for Internet service (compare to most modems at 56Kb), and this connection is utilized by all City employees working at the 1 st Street N.E. and Kaufman Street locations and by the Police and Public Works Departments. Fire Station One has recently installed a wireless system using 1 Mbps bandwidth connecting that location to the City's main server and to Star-Net's Internet service. The City's Technology Committee, appointed by the City Manager, and the MIS Manager have researched the best available methods for providing connectivity to City offices located throughout the city and, based on this research and a site-survey of the City's offices, have determined that wireless connections are the only options available for those offices located far from City Hall and that wireless communications are fast, secure, dependable, and economical. Star-Net has been shown to be the only service provider in the city that can provide the City of Paris with the bandwidth needed to allow proper communications between its various offices. Likewise, there is no other service provider located within close enough proximity of City Hall to allow a direct connection to its backbone such as the City currently has with Star-Net. By previous action at City Council's meeting of September 10, 2001, City Council authorized the City Manager and the City Attorney to negotiate a lease agreement with Star-Net. DESCRIPTION: Star-Net is requesting a five (5) year lease with the City that will allow the placement on the City's water tower of antennas using the 2.4 and 5.8 Ghz frequencies. This will allow Star-Net to provide wireless service to a larger area. As consideration for this lease, Star-Net is offering the City the following: (1) expand the bandwidth provided to City Hall from 512 Kbps to 3 Mbps at no additional cost; and (2) provide 1 Mbps bandwidth for wireless connections located at the two (2) new fire stations, the existing fire station on Bonham Street, and the Water Treatment Plant at no cost. Utility Director Herb Campbell supports the concept of the antennas with appropriate engineering safeguards. The use of the water tower will be non-exclusive. COST: The City currently pays $320.00 per month for 512 Kbps bandwidth to City Hall and 1 Mbps bandwidth to Fire Station One. If the City exercises a lease agreement with Star-Net based on its proposal, this will result in cost savings to the City of approximately $2,600.00 per month, which represents the cost of the increased bandwidth and new services. RECOMMENDED ACTION: Approval of the proposed resolution and lease agreement. STAFF CONTACT: Michael E. Malone, City Manager, and Larry W. Schenk, City Attorney COUNCIL DATE: Consider a resolution approving the lease agreement at City Council's regular meeting of November 12, 2001. ADDITIONAL MATERIALS: A copy of the proposed resolution, lease agreement, and Star-Net's original proposal is included with the agenda materials. DRAFT LISAhO. ESOLUTIONS\CURRENT\Starnet Antenna Lease Res November 9, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORING THE EXECUTION OF A LEASE AGREEMENT WITH STAR-NET ONLINE SYSTEMS FOR USE OF SPACE ON THE CITY'S WATER TOWER ON 24TH STREET N.E. FOR THE PLACEMENT OF ANTENNAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris desires to minimize the proliferation of telecommunications towers and associated equipment throughout the city; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, desires at the same time to encourage telecommunications facilities to locate to the city of Paris to provide quality service under current technology to the businesses and citizens of the city of Paris; and, WHEREAS, the City Council of the City of Paris therefore concludes it is beneficial to the City of Paris to allow the siting of antennas on municipally-owned towers and other appropriate sites, such as water towers, to satisfy the needs of the telecommunications industry and the citizens of the city of Paris, provided such siting of antennas can be done consistent with sound engineering and construction principles and without damage or threat of damage to City property; and, WHEREAS, Star-Net Online Systems has approached the City of Paris with a proposal to site certain antennas on the City's water tower located on 24th Street N.E. in exchange for Internet service and wireless service to various City locations at a reduced cost; and, WHEREAS, the City Council finds and determines that such proposal by Star-Net Online Systems is fair and reasonable, is consistent with the City's policy regarding the siting of telecommunications facilities, and is in the best interests of and in furtherance of the health, safety, and welfare of the citizens of the city of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City Manager is hereby authorized to execute and the City Clerk to attest to a lease agreement by and between the City of Paris and Star-Net Online Systems, a copy of which is attached hereto as Exhibit A and for all purposes incorporated herein, for the lease of certain space on the City's water tower located at 24th Street N.E. in exchange for Internet and wireless services at a decreased rate. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of November, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney Sec. 28-103. Applicability. (a) New WCF and Support Structures. All new WCF or Support Structures in the City of Paris shall be subject to these regulations, except as provided herein. (b ) Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not govern any WCF or support structure or the installation thereof, that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. Such installation shall comply with any other applicable provisions of the City Zoning Code or other ordinances. (c) Preexisting WCF and Support Structures. Preexisting WCF or Support Structures shall not be required to meet the requirements of this ordinance other than the requirements of Section 28-110 and 28-111. (d) Exemptions for Governmental Entities. This ordinance shall not govern any WCF or Support Structure, or the installation or construction thereof, which is installed or constructed by a Governmental Entity as that term is defined in this ordinance, provided the primary purpose or use of said WCF or Support Structure is in furtherance of the functions of the Governmental Entity, and not for commercial use or financial gain. Sec. 28-104. Wireless Communication Facilities Prohibited. (a) Areas designated historically significant. From and after the effective date of this ordinance, no WCF's shall be permitted in any area that shall be hereafter designated by the City as a historically significant area or district. (b) Permitted areas. From and after the effective date of this ordinance new WCF's shall be permitted only in areas bearing a zoning designation of Agricultural (A), Commercial (C), Light Industrial (LI), or Heavy Industrial (HI); the siting of new WCF's; in areas zoned other than as designated herein, including Residential Districts (SF-1),(SF-2), (SF-3), (2F), (MF-1), (MF-2), Planned Development Districts (P.D.), and other non-Agricultural, non-Commercial, and non-Industrial Districts, including Parking Districts (P), Office District (O), Neighborhood Service District (NS), General Retail District (GR), and Public Lands and Institutes (PL&I), shall be and is hereafter prohibited. -6- THE ATTACHED IS JUST A WORKING DRAFT BASED ON RESPONSES FROM THE COMPANY. THE CITY ANTICIPATES SEVERAL CHANGES FAVORABLE TO THE CITY WILL BE MADE IN THE FINAL DRAFT WHICH WILL HAND E D O UT AT THE NOVEMBER 12, 2001, COUNCIL MEETING. LEASE AGREEMENT (Antenna on Water Tower) October 29, 2001 THIS LEASE entered into as of this 12th day of November, 2001, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, ("Landlord") and ANSTEORRA, INC., a Texas Corporation, d.b.a. STAR-NET ONL1NE SYSTEMS, with its principal office located at 108 Lamar Avenue, Paris, Texas ("Tenant"). BACKGROUND A. Landlord is the owner in fee simple of a parcel of land located on Lot 10, City Block 258 in the City of Paris, Lamar County, State of Texas, on which a water tower (the "Water Tower") is located. The Owned Premises is located on 25th Street N.E., Paris, Texas. B. Tenant desires to lease space on the Water Tower described below for the installation and operation of certain antennae facilities, which include directional antennae, connecting cables and appurtenances (collectively, "Antennae Facilities") for use in connection with its communications business. C. Accordingly, the parties are entering into this Lease on the terms and conditions set forth below. AGREEMENT In consideration of their mutual covenants, the parties agree as follows: 1. LEASED PREMISES. Landlord leases to Tenant and Tenant leases from Landlord a portion of the Owned Premises, consisting of space (the "Premises") on the Water Tower, as shown on the Site Plan attached as Exhibit A. Tenant intends to locate its Antennae Facilities as described more fully on the attached Exhibit B on the Premises. Tenant may not add additional equipment and/or antennae from that shown on Exhibit B without the prior written approval of the Landlord. 2. RELOCATION. ....... ~.~1 ...... ..1~. ............... ~._~. A ._ ~.._ ~1_~. ......... 1- - contrai-y, Landlord shall not have the right, at any time f--- .,~., ..,~; during the term of this Lease, to relocate the Antennae Facilities ,, ,~,.,~,,~,,~, ~,p~.,~ without prior written agreement of Tenant. Page 1 of 19 3. TERM. a. This Lease shall commence on November 13,2001 (the "Commencement Date"), and end on November 12, 2006 (the "Initial Term"). Upon expiration of the Initial Term, this Lease may be renewed for five (5) additional terms of one (1) year each (each a "Renewal Term"), unless Tenant provides Landlord notice of intention not to renew not less than ninety (90) days prior to the expiration of the then-current Initial Term or Renewal Term. b. Landlord may terminate this Lease at any time following the proposal or adoption by the State or Federal government of a law, rule, regulation, or decision to the effect that due (in whole or in part) to a landlord having entered into a lease such as this one, the landlord is required to allow additional antennas or towers (of any sort or description) on its property. The rule proposed by the Federal Communications Commission in 1999 in WT Docket 99- 217 and CC Docket 96-98 (if applicable to cellular type towers or antennas) would be such a rule. In addition to the foregoing right to terminate this Lease, Landlord has the right, without any further liability, to terminate all of Tenant's rights to the Premises upon not less than sixty (60) days prior written notice to Tenant if: (1) Landlord is prohibited by any governmental entity from continued use of the Premises during the term of this Lease; (2) Landlord' s right to control or occupy the Premises is terminated due to causes beyond its control; (3) Landlord determines that the Premises is needed for public purposes and no other Premises will reasonably fulfill such a need. 4. RENT. a. As consideration for the siting of the Antenna Facilities on the Water Tower, the Tenant shall provide the following to the Landlord: (1) The availability of Internet service through Category 5 cabling connected from Tenant's facilities located at 108 Lamar Avenue, Paris, Texas, to Landlord's facilities located at 150 1st Street N.E., Paris, Texas, at a burstable speed of 3 Mbps at a cost of $290.00 per month, less the annual contract discount of $170.00 per month, for a total cost of $120.00 per month. (2) The availability of~Vwireless service to the fire stations located at 1444 N. Main Street, 4055 Pine Mill Road, 2009 Bonham Street, and 2010 24th Street S.E, Paris, Texas, and the City of Paris Water Treatment Plant located at Lake Crook, Paris, Texas, at a combined burstable speed of 1 Mbps at a cost of $200.00 per month. ~ ~S~ Page 2 of 19 b. All consideration to be provided by Tenant to Landlord shall constitute "Rent" hereunder and shall be provided without offset. USE OF PREMISES. a. Use of Site. Tenant shall use the Premises for the installation, operation, and maintenance of Antennae Facilities as described in Exhibit B hereto, and none other, that are "personal wireless service facilities" as such term is defined in {}704 of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), partially codified at 47 U.S.C. {} 332(c)(7)(C)(2),,.uA~-J ,,~'A~-.,~ ,~L.,~ p~irpose. Tenant shall have the exclusive right to use 5.8 GHZ and first right of refusal in the same terms and conditions to use 2.4 GHZ. Landlord may permit others to use other portions of the Water Tower if they do not interfere with Tenant or Tenant's transmissions. b. Tenant shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules, and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation, and safety) in connection with the use, operation, maintenance, construction, and/or installation of the Antennae Facilities and/or the Premises. Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense (including reimbursement of Landlord's reasonable attorney and administrative fees), any federal licenses and permits required for or substantially required by Tenant's use of the Premises. c. Removal. (1) The Tenant shall remove the Antennae Facilities from the Premises upon termination of the Lease. Such removal shall be done in a workmanlike and careful manner and without interference or damage to any other equipment, structures, or operations on the Premises, including use of the Premises by Landlord or any of Landlord's assignees or lessees. If, however, Tenant requests permission not to remove all or a portion of the improvements, and Landlord consents to such non- removal, title to the affected improvements shall thereupon transfer to Landlord and the same thereafter shall be the sole and entire property of Landlord, and Tenant shall be relieved of its duty to otherwise remove same. (2) Upon removal of the improvements (or portions thereof) as provided above in subpart (1), Tenant shall restore the affected area of the Premises to the reasonable satisfaction of Landlord. (3) All costs and expenses for the removal and restoration to be performed by Tenant pursuant to subparts (1) and (2) above shall be borne by Tenant, and Tenant shall hold Landlord harmless from any portion thereof. Page 3 of 19 6. CONSTRUCTIONSTANDARDS. The Antennae Facilities shall be installed on the Premises in a good and workmanlike manner without the attachment of any construction liens. Landlord reserves the right to require Tenant to paint the Antennae Facilities in a manner consistent with the color of the or L,, ' Water Tower ~- A~i ...... :_ A _1_: Ali ~1_ ~ A .......... ,~__:1:~: ~_ ~ ..... vie-~-. 11 k./lll 7. INSTALLATION OF EQUIPMENT. a. Tenant shall, at its sole cost and expense, install on the Premises, in accordance with good engineering practices and with all applicable FCC rules and regulations, its Antennae Facilities as described on Exhibit B. b. Tenant's installation of all such Antennae Facilities shall be done according to plans approved by Landlord. Any damage done to the Water Tower during installation and/or during operations shall be repaired or replaced immediately at Tenant's expense and to Landlord's sole satisfaction. In connection with the installation and operation of the Antennae Facilities, Tenant shall not make any penetrations of the Water Tower. c. Within thirty (3 0) days after the Commencement Date, Tenant shall provide Landlord with as-built drawings of the Antennae Facilities and the improvements installed on the Premises, which show the actual location of all equipment and improvements consistent with Exhibit B. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antennae Facilities. 8. EQUIPMENT UPGRADE. Tenant may update or replace the Antennae Facilities from time to time with the prior written approval of Landlord, provided that the replacement facilities are not greater in number or size than the existing facilities and that any change in their location on the Water Tower is approved in writing by Landlord. Tenant shall submit to Landlord a detailed proposal for any such re acement facilities,,~,~-~- j ,,~y ~m,[-~-~-L,- -~,~-,-~ ,~ -~y ~ ~~ ~ ~-~ ~ _~_ ~ ~_ _1_~_: __11__ ~___:1_1 _ Approval by Landlord for replacement will not be unreasonably withheld. 9. MAINTENANCE. a. Tenant shall, at its own expense, maintain the Premises and any equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of or other leasing of the Water Tower by Landlord. Tenant shall not interfere with the use of the Water Tower, related facilities, or other equipment of other tenants. Page 4 of 19 b. Tenant shall have sole responsibility for the maintenance, repair, and security of its equipment, personal property, Antennae Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. c. Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise, or interference. d. In the event the Landlord or any other tenant undertakes painting, construction, or other alterations on the Water Tower, Tenant shall take reasonable measures at Tenant's cost to cover Tenant's equipment, personal property, or Antennae Facilities and protect such from paint and debris fallout which may occur during the painting, construction, or alteration process. If Tenant has provided reasonable protection, Landlord will be liable for damage to Tenant' s property. 10. PREMISES ACCESS. a. Tenant shall have access to the Premises by means reasonably designated by Landlord, subject to notice requirements to Landlord in 10b., below. b. Tenant shall have reasonable access to the Premises in order to install, operate, and maintain its Antennae Facilities. Tenant shall have access to such facilities only with the prior written approval of Landlord. Tenant shall request access to the Premises twenty-four (24) hours in advance, except in an emergency. c. Landlord shall be allowed and granted access to the Premises at reasonable times to examine and inspect the Premises for safety reasons or to ensure that the Tenant's covenants are being met. 11 UTILITIES. Tenant shall, at its expense, - ......... 1__ · D [71,./(1,1 (1, L [71 .y provide electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith· 12. LICENSE FEES. Tenant shall pay, as they become due and payable, all fees, charges, taxes, and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the Premises. 13. APPROI/ALS; COMPLIANCE WITH LAWS. Tenant's use of the Premises is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state, or local authority· Tenant shall erect, maintain, and operate its Antennae Facilities in accordance with Premises standards, statutes, ordinances, rules, and regulations now in effect or that may be issued thereafter by the Federal Communications Commission or any other governing bodies· Page 5 of 19 14. INTERFERENCE. a. Tenant's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way with Landlord's operations or related repair and maintenance activities or with such activities of other tenants. Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Water Tower immediately upon actual notice of such interference, provided however, in such case, Tenant shall have the right to terminate the Lease. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the Premises in connection with its operations as may be necessary, including leasing parts of the Water Tower to others. b. Before approving the placement of Antennae Facilities, Landlord may obtain, at ---:" ......... :-':--- ' ' ---" ..................... J i gi i I(J,L~IIItlCD LIIC ¥¥ (J, LCl · UWCl (J, IIUrequ re an en neer ng study indicating whether the Water Tower is able to structurally support the Tenant's Antennae Facilities ---:"~wL.,mL ..........[,~ ~j:--u~,~ j: - A L,~ ,~ ~,~.~,~ ~ * prinaai-y risc,~.A ~-.,_,~A Water ........ · ,~ ~v ~. _If this study is done by employees of the Landlord, then Landlord shall bear the expense of this study. If this study is to be made by an outside engineer, then the engineer shall be selected and paid by Tenant. c. Landlord does not guarantee to Tenant subsequent noninterference with Tenant's communications operations, provided, however, that in the event any other party except a governmental unit, office, or agency requests a lease and/or permission to place any type of additional antennae or transmission facility on the Water Tower, the procedures of this paragraph shall govern to determine whether such antennae or transmission facility will interfere with Tenant's transmission operations. d. If Landlord receives any such request, Landlord shall submit a proposal complete with all technical specifications reasonably requested by Tenant to Tenant for review for noninterference; however, Landlord shall not be required to provide Tenant with any specifications or information claimed to be of a proprietary nature by the third party. The third party shall be responsible for the reasonable cost of preparing the technical specifications for its proposed transmission facility. Tenant shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by Tenant to the installation of antennae or transmission facilities pursuant to said proposal. If Tenant gives notice of objection due to interference during such thirty (30) day period and Tenant's objections are verified by Landlord to be valid, then Landlord shall not proceed with such proposal unless Landlord modifies the proposal in a manner determined, in Landlord's reasonable judgment, to adequately reduce the interference. In that case, Landlord may proceed with the proposal. A goveri~n~ental tinit With ninety (90) days notice to Tenant, Landlord may be allowed to place antennae or other communications facilities on the Water Tower regardless of potential or actual interference with Tenant's use, provided however, if Tenant's use of the Premises Page 6 of 19 15. is or will be materially affected, Tenant may terminate the Lease. e. Tenant's use and operation of its facilities shall not interfere with the use and operation of other communication facilities on the Water Tower which pre-existed Tenant's facilities. If Tenant's facilities cause interference, Tenant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, Tenant shall immediately cease operating its facility until the interference has been eliminated. If the interference cannot be eliminated with thirty (30) days, Landlord may terminate this Lease. DEFA UL T AND LANDLORD tS REMEDIES. a. It shall be a default if Tenant fails to provide the consideration stated herein in an uninterrupted and adequate manner, and does not cure such default within twenty-four (24) hours (however, that cure period may be enlarged to a reasonable period of time if the default is caused by an emergency or a force majeure); or if Tenant defaults in the performance of any other covenant or condition of this Lease and does not cure such other default within thirty (30) days after written notice from Landlord specifying the default complained of; or if Tenant abandons or vacates the Premises; or if Tenant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or if Tenant becomes insolvent or Landlord reasonably believes itself to be insecure. b. In the event of a default, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law or under this Lease, without any further demand or notice, to re-enter the Premises and eject all persons therefrom, and either (a) declare this Lease at an end, in which event Tenant shall immediately remove the Antennae Facilities and pay Landlord a sum of money equal to an amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under the Lease, or (b) without terminating this Lease, relet the Premises, or any part thereof, for the account of Tenant upon such terms and conditions as Landlord may deem advisable, and any monies received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys' fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due to Landlord hereunder, and ifa sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Landlord any deficiency monthly, notwithstanding that Landlord may have received rental in excess of the rental stipulated in this Lease in previous or subsequent months, and Landlord may bring an action therefor as such monthly deficiency shall arise. c. No re-entry and taking of possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease, regardless of the extent of renovations and alterations by Landlord, unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. Page 7 of 19 d. If suit shall be brought by Landlord for recovery of possession of the Premises, for the recovery of any rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant, the Tenant shall pay to the Landlord all expenses incurred therefor, including reasonable attorney fees. 16. CUREBYLANDLORD. In the event of any default of this Lease by Tenant, the Landlord may at any time, after notice, cure the default for the account of and at the expense of the Tenant. If Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or defending any action to enforce the Landlord's rights under this Agreement, the sums so paid by Landlord, with all interest, costs, and damages shall be deemed to be Base Rent and shall be due from the Tenant to Landlord on the first day of the month following the incurring of the respective expenses. 17. OPTIONAL TERMINATION. a. This Lease may be terminated (a) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction and/or operation of the Antennae Facilities or Tenant's business; (b) by Landlord if the Landlord decides, in its sole discretion and for any reason, to discontinue use of the Water Tower; (c) by Landlord if it determines, in its sole discretion and for any reason, that the Water Tower is structurally unsound or otherwise not suitable for Tenant's use, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Water Tower from any source, or factors relating to the condition of the Water Tower; (d) by Landlord if it determines in its sole discretion that continued use of the Water Tower by Tenant is in fact a threat to health, safety, or welfare or violates applicable laws or ordinances; or (e) by Landlord at its sole discretion if Tenant loses its license to provide ~ Internet and wireless service for any reason, including, but not limited to, nonrenewal, expiration, or cancellation of its license. b. Upon termination of this Lease for any reason, Tenant shall remove its equipment, personal property, Antennae Facilities, and leasehold improvements from the Premises on or before the date of termination, and shall repair any damage to the Premises caused by such equipment, normal wear and tear excepted; all at Tenant's sole cost and expense. Any such property or facilities which are not removed by the end of Lease term shall become the property of Landlord. 18.~.,,.,~,~..~,,:.~.· .......... ,~,.~,~,.~,,,:.o.r' ........ TERMINATION. Notice of Tenant's termination pursuant to paragraph 17 shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice. Upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other, except '' ................. J ___:_A, A__ Page 8 of 19 19. ALTERATION, DAMAGE OR DESTRUCTION. If the Water Tower or any portion thereof is altered, destroyed, or damaged so as to materially hinder effective use of the Antennae Facilities through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. In such event, Tenant shall promptly remove the Antennae Facilities from the Premises and shall restore the Premises to the same condition as existed prior to this Lease. This Lease (and Tenant's obligation to provide those services at such rates as specified herein) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence. Landlord shall have no obligation to repair any damage to any portion of the Premises. 20. INDEMNITY AND INSURANCE. a. Disclaimer of Liability: Landlord shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, maintenance, repair, use, operation, condition, or dismantling of the Premises or Tenant's Antennae Facilities. b. Indemnification: Tenant shall, at its sole cost and expense, indemnify and hold harmless Landlord and its officers, employees, agents, attorneys, and contractors, elected or appointed, (hereinafter referred to as "Indemnitees"), from and against: i. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses, and consultants), which may be imposed upon, incurred by, or be asserted against the Indemnitees by reason of any act or omission of Tenant, its personnel, employees, agents, contractors, or subcontractors, resulting in personal injury, bodily injury, sickness, disease, or death to any person or damage to, loss of, or destruction of tangible or intangible property, libel, slander, invasion of privacy, and unauthorized use of any trademark, trade name, copyright, patent, service mark, or any other right of any person, firm, or corporation, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use, or condition of the Premises or Tenant's Antennae Facilities or the Tenant's failure to comply with any federal, state, or local statute, ordinance, or regulation. ii. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses, and other consultants), which are imposed upon, incurred by, or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials, or supplies provided or supplied to Tenant, its contractors, or subcontractors, for the installation, construction, operation, maintenance, or use of the Premises or Tenant's Antennae Facilities, and, upon the written request of Landlord, Tenant shall cause such claim or lien covering Landlord's property to be discharged or bonded within thirty (30) days following such request. Page 9 of 19 iii. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses, and consultants), which may be imposed upon, incurred by, or be asserted against the Indemnitees by reason of any financing or securities offering by Tenant or its affiliates for violations of the common law or any laws, statutes, or regulations of the State of Texas or United States, including those of the Federal Securities and Exchange Commission, whether by Tenant or otherwise. c. Assumption of Risk: Tenant undertakes and assumes for its officers, agents, affiliates, contractors, and subcontractors and employees (collectively "Tenant" for the purpose of this section), all risk of dangerous conditions, if any, on or about the Owned Premises, and Tenant hereby agrees to indemnify and hold harmless the Indemnitees against and from any claim asserted or liability imposed upon the Indemnitees for personal injury or property damage to any person arising out of the Tenant's installation, operation, maintenance, condition, or use of the Premises or Tenant's Antennae Facilities or Tenant's failure to comply with any federal, state, or local statute, ordinance, or regulation. d. Defense of Indemnitees: In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Tenant shall, upon notice from any of the Indemnitees, at Tenant's sole cost and expense, resist and defend the same with legal counsel mutually selected by Tenant and Landlord; provided however, that Tenant shall not admit liability in any such matter on behalf of the Indemnitees without the written consent of Landlord and provided further that Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Tenant. e. Notice, Cooperation, and Expenses: Landlord shall give Tenant prompt notice of the making of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of the preceding paragraph. Nothing herein shall be deemed to prevent Landlord from cooperating with Tenant and participating in the defense of any litigation by Landlord's own counsel. Tenant shall pay all expenses incurred by Landlord in response to any such actions, suits, or proceedings. These expenses shall include all out-of-pocket services ~ cuuc~ cu uy mc ~aumu~ u a aLtumcy, and the actual expenses of Landlord's agents, employees, or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions, or proceedings but shall not include attorneys' fees for services that are unnecessarily duplicative of services provided Landlord by Tenant. If Tenant requests Landlord to assist it in such defense then Tenant shall pay all expenses Page 10 of 19 incurred by Landlord in response thereto, including defending itself with regard to any such actions, suits, or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the costs of any services rendered by the Landlord's attorney, and the actual expenses of Landlord's agents, employees, or expert witnesses, and disbursements and liabilities assumed by Landlord in connection with such suits, actions, or proceedings. f. Insurance: During the term of the Lease, Tenant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, ''-L"~A '"""~"~~'A'' .... :,--- LY['~ '"~'~ iii. Comprehensive commercial general liability insurance with minimum limits of tJt utJuny mjmy, l~C~tJum mjmy, ucam, auu ~c~ty uaum~c. ~uc ~u~y ~uau ~IILI O~tUl 3 II~UIIIL~ ~ ~ V ~1 ~ 1~1 ~1 ~1 L~ U~III~ 11 ~111 ~1 lid ~1 I~UII~III~IILD ~ILII ~IIUI~IU ~D ~ II~III~U IIIDUI~U o ars ($ ) with the Insurance Company. In the event that Tenant makes any changes in its insurance policy, it shall immediately noti _fy Landlord of such changes. The notification shall be addressed to the City Clerk of the City of Paris, P.O. Box 9037, Paris, Texas 75461- 9037. The deductible for this insurance policy is $ If there is any change in this deductible, then Tenant shall noti _fy Landlord at the address shown above. Ltl 111 lllDUl{l, llt.,~;, Lk./~JLII~;I WlLII {1,11 IIIDL{J, II{J, LIk./II Ilk./{l,L~;l k./l ~;LIUIV{J,I~JIIL }Jlk./}J~JIL.y t.,k./V~;l{l,~; Page 11 of 19 Page 12 of 19 2 l. HAZARDOUS SUBSTANCE INDEMNIFICATION. Tenant represents and warrants that its use of the Premises herein will not generate any hazardous substance, and it will not store or dispose on the Premises nor transport to or over the Premises any hazardous substance. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs, and penalties incurred as a result thereof except any release caused by the negligence of Landlord, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state, or local environmental law, regulation, or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death, or disease. 22. HOLDING OVER. Any holding over after the expiration of the term hereof, with the consent of the Landlord, shall be construed to be a tenancy from month to month for those services at those such rates specified herein and shall otherwise be for the term and on the conditions herein specified, so far as applicable. Page 13 of 19 5~423. ACCEPTANCE OF PREMISES. By taking possession of the Premises, Tenant accepts the Premises in the condition existing as of the Commencement Date. Landlord makes no representation or warranty with respect to the condition of the Premises and Landlord shall not be liable for any latent or patent defect in the Premises. g-524. NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested; to the following addresses: If to Landlord, to: City Manager City of Paris P. O. Box 9037 Paris, TX 75461-9037 With a copy to: City Clerk City of Paris P. O. Box 9037 Paris, TX 75461-9037 If to Tenant, to: President ANSTEORRA, INC., a Texas Corporation d.b.a Star-NET Online Systems 108 Lamar Avenue Paris, TX 75460 5g-625. ASSIGNMENT. a. Tenant may not assign this Lease or sublet the Premises without the prior written consent of Landlord and consent shall not be unreasonably withheld. b. Nothing in this Lease shall preclude Landlord from leasing other space for communications equipment to any person or entity which may be in competition with Tenant, or any other party. g-726. SUCCESSORS AND ASSIGNS. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns. 53827. NON-WAIVER. Failure of Landlord to insist on strict performance of any of the conditions, covenants, terms or provisions of this Agreement or to exercise any of its rights hereunder shall not Page 14 of 19 waive such rights, but Landlord shall have the rights to enforce such rights at any time and take such action as might be lawful or authorized hereunder, either in law or equity. The receipt of any sum paid or services provided by Tenant to Landlord after a breach of this Agreement shall not be deemed a waiver of such breach unless expressly set forth in writing. -2928. TAXES. a. Tenant shall pay all real and personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease. All such payments shall be made, and evidence of all such payments shall be provided to Landlord, at least ten (10) days prior to the delinquency date of the payment. Tenant shall pay all taxes on its personal property on the Premises. b. Tenant shall indemnify Landlord from any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses, and consultants), which may be imposed upon, incurred by, or be asserted against Landlord or Tenant in relation to the taxes owed or assessed on the Premises. c. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that, in lieu of or as a substitute for any portion of the property taxes and special assessments now imposed on property, there is imposed a tax upon or against the consideration payable by Tenant to Landlord, Tenant shall pay those amounts in the same manner as provided for the payment of real and personal property taxes. 3-029. TREATMENT IN BANKRUPTCY. The parties to this Lease hereby expressly agree and acknowledge that it is the intention of both parties that in the event that during the term of this Lease Tenant shall become a debtor in any voluntary or involuntary bankruptcy proceeding (a"Proceeding") under the United States Bankruptcy Code, 11 U.S.C. § 101, et seq. (The "Code"), this Lease is and shall be treated as an "unexpired lease of nonresidential real property" for purposes of Section 365 of the Code, 11 U.S.C. § 365, and, accordingly, shall be subject to the provisions of subsections (d)(3) and (d)(4) of said Section 365. 3--~30. MISCELLANEOUS. a. This Lease is not a franchise pursuant to Article XI of the Charter of the City of Paris, Chapter 29, Article IV of the Code Ordinances of the City of Paris, or Title 9, Chapter 282 of the Texas Local Government Code, or any other provisions of Federal, State, or local laws, nor is it a permit to use the rights-of-way under Chapter 29, Article I! of the Code of Ordinances of the City of Paris or Title 9, Chapter 283 of the Texas Local Government Code, or any other provisions of Federal, State, or local law. Any such franchise or permit must be obtained separately from Landlord. b. Landlord and Tenant each represent and warrant to the other that all necessary Page 15 of 19 authorizations and approvals required for execution and performance of this Lease have been given and that the undersigned individual is duly authorized to execute this Lease and bind the party for which it signs. c. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. d. This Lease and performance hereunder shall be governed, interpreted, construed and regulated by the laws of the State of Texas, and all obligations of the parties created by this Lease are performable in Lamar County, Texas. Venue for State court actions arising under this Lease shall be exclusively in the courts of Lamar County, Texas; venue for federal court actions arising under this Lease shall be exclusively in the federal courts for the Eastern District of Texas. e. If any term, covenant, condition, or provision of this Lease shall, to any extent, be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and shall be valid and enforceful to the fullest extent permitted by law. f. Landlord hereby expressly disclaims all Warranties of Merchantability and Fitness for a Particular Purpose associated with the Premises. Tenant accepts the Premises "as is." g. Tenant shall obtain and keep in full force and effect all certificates, permits, licenses, and approvals affecting Tenant's ability to use the Premises. h. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. i. This Lease does not and shall not be construed to establish or create a partnership, joint venture, franchise, or other form of business association between Landlord and Tenant. This Lease was executed as of the date first set forth above. LANDLORD: CITY OF PARIS, PARIS, TEXAS By: Michael E. Malone, City Manager ATTEST: Page 16 of 19 Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney TENANT: ANSTEORRA, INC, a Texas Corporation d.b.a. STAR-NET ONLINE SYSTEMS ATTEST: By: Larry Rhea, President Secretary J:\Attorney~Lisa~Resolutions\CURRENT\Starnet Antenna Lease-D02.wpd Page 17 of 19 EXHIBIT A PREMISES PLAN OF WATER TOWER EXHIBIT B DESCRIPTION OF ANTENNAE FACILITIES P.O. Box 490 Paris, TX 75461 (903) 785-5533 http://www, lstarnet.com Mr. Jeremy Offutt City Of Paris PO Box 9037 Paris, Texas 75461 August 16, 2001 Mr. Offutt, With reference to our last meeting on increasing the Internet access speed to your main office and adding the additional fire stations and the water plant to your WAN, I propose the following: The burstable speed at the main office will be increased to 3 Mbs. The three new fire stations and the water plant located at Lake Crook will be added to Star-Net's wireless LAN along with the current main fire station and will be receiving a combined burstable speed of 1 Mb. The City Of Paris will need to purchase the equipment to be used for the increased speed at the main office and also the equipment to be used at the additional locations. In consideration of the above service, we would receive a five-year lease for use of the water tower located on 25th NE Street. Our plans are to use the 2.4 and 5.8 Ghz frequency that requires sole use of those frequencies on this tower to prevent interference. We will need access to install enclosure boxes somewhere around or under the catwalk. These boxes will need to have standard 110v AC power to them. We will also need to be able to install the antennas on the outside area of the catwalk or any other area that will not interfere with the storage of the water. The cables and enclosure boxes may be painted but the antennas may not. Your second option is to simply pumhase these additions. If you wish to purchase these services, you are currently paying $490 a month for the 512k main office access and the 1 Mb burstable at the fire department on North Main. The burstable 3 Mb at the main office will be $1800 a month and each new additional location will be $200 a month. The new total is $3090 a month, which is an additional $2600 a month. I look forward to discussing any other details that need to be worked out. Thank you for you prompt attention to this matter. Yours sincerely, Larry Rhea PresidentJCEO Star-Net Online Systems 3.5 (90) ~'~ ,_.iL 000) , Mini-Mount A A B B C (2) Antenna Height & Width Diagonal Orientation 10 (255) Antenna Height & Width Square Orientation 7.1 (180) Panel Thickness, 2.3-2.5 GHz 1.8 (45) Panel Thickness, 5.2-5~8 GHz 1.1 (28) Mast Length Mast Diameters 1.9-4.5 (50-115) Azimuth Adjustment Range 360° Elevation Adjustment -~20° Mount can be configured with left or right offset. To obtain :~20= elevation, with mast diameters · 2.4" (60 mm), the mast must not extend beyond 2.5" (65 mm). 18.7 13.2 (335) 1.8 (45) 1.1 (28) 2.5121 (65) 1.9-4.5 (50-115) 360° P.O. Box 70, Boad~orough, Maine 04070 U.S.A. Tel: 207-883-5161 Fax: 207-883-4469 em ail: sa!es~gabriel~et .corn PN~IEL-MECH web: http:l/www.gabrtelnet.com I- eI (20) 4.3 IL_ QuickAlign Mount (QAM) A A B B C Antenna Height & Width Diagonal Orientation Antenna Height & Width Square Orientation Panel Thickness, 2.3-2.5 GHz Panel Thickness, 5.2-5.8 GHz Rear of Antenna Mast Diameted3~ Elevation Range Fine Azimuth Range (~) (2) (3) Quick Align Mounts are optional on DFPI models and are denoted by an (Mt) model # suffix. Mount can be configured with left or right offset. Order optional Clamp Kit MCKQA-19-45 for 1.9 in. - 4.5 in. (50 - 115 mm) mast diameters 18.7 13.2 1.8 1.1 5.1 2.375 *20° The Quick Align Mount Is Patant Pending (475) (335) (46) (28) (130) (60) 35.3 (895) 25.1 (640) 1.8 (46) 1.1 (28) 6.8 (175) 2.375 (60) ,20° P.O. Box 70, Sc. ad~x~Jgh, Maine 04070 U.S.A. Tel: 207-883-5161 Fax: 207-8834469 emell: sales~gabrielnet.com PANEL-MECH web: http://www.gabrielnet.com 051299 3 ft. (0.9 m) Parabolic Grid Model: SSG3-23 1. Elevation range is +20' / -8', invert mount for +8' / -20°. Offset left or right without inverting mount. 3. Mast diameter range is t.9 in. - 4.5 in. (50-115 mm). 4. Survivai ratings on mast diameters of 2.375 in. (60 mm) and below are 125 mph (201 kin/hr) and .5 in. (12 mm) ice OR 110 mph (177 kin/hr) and t in. (25 mm) ice. Quick Align Mount* available on many SSP2 and DFP models. , I* Quick Align Mount Patent Pending SSP2 reflector shown. Quick Align mount (Mr) is also supplied on DFP series 2 fl. panel antennas and as an option on 1 ft. panels. Standard mast diameter is 2.375 in. (60 mm). Order optional Clamp Kit MCKQA-19-45 for 1.9 in. - 4.5 in. (50 - 115 mm) mast diameters. Elevation range is Fine azimuth range is :~10° Mount can be configured with lefl or right offset. Inset shows elevation alignment with Gabriel Quic~ Align Mount Tel: 207~83-5161 Fax: 207-883-4469 P.O. Box70, Scarboro~gh, Maine 04070 U.S.A. 113 emell: info~gabdelnet.com web: ht~pJ/www.gabrielnet.com 1 I I Grid Series - 3 ft. (0.9) - 6 ft. (1.83 Mechanical Specifications A Mount Length 27.1 (690) 24.3 (6153 24.3 (6153 B Pivot Point 4.2 (105) 10.5 (265) 10.5 (265) C Center Line Offset 5 (125} 5 (1253 5 (1253 D Mount Strut (horiz.) n/a 20.9 (530) 20.9 (530) E Mount Strut/Pivot Point (vert.) nla 6.9 (1753 6.9 (1753 F Fixed Side Strut (horiz.) n/a n/a 32.5 (825} G Antenna Centedine 17.3 (440) 14.6 (370) 14.6 (370) H Reflector Length 15.9 (405) 24.8 (630} 30.6 (775} K Antenna Diameter 39 (990) 58.5 (14853 76.8 (19503 N Mount Strut (depth) n/a 7.7 (1953 7.7 (195) P Reflector Vertex 8.2 (210} 13.1 (335) 13 (330) Q Mast Diameter 2.4-4.5 (60-1153 4.5n) (1153 4.5m (1153 Struts Supplied (adjustable) optional 1 Struts Supplied (fixed) optional optional Azimuth Adjustment Range (Fine) +1- 5" +/- 5° +/- 5° Elevation Adjustment Range +50' 1-5'{23 +50° / -5°(23 +50" 1-5°12) Notes: (1) Optional Mast Clamp Kits are available for other mast diameters. (See page 121 ) Parabolic shipping ioformatkyn is available in the (2) Invert mount for +5" I -50' elevation range. Shipping Information section of this catalog (4) Optional Strut Location. See page 121 For optional struts. (5) For greater than 40° elevation on a 6 ff. (1.83 antenna, mast must not extend beyond 18 inches (457 mm). Te~: 207-883-5161 Fax: 207-883-4469 P.O. Box 70, Scarborough, Maine 04070 U.S.A. 114 email: iofo~gabrielnet.com web: http~N~ww.gab~elnet.com 2ft. (0.6)-2.5 ft. (0.8) Standard & High Performance A Mount Length 21.9 (555) 26.1 (665) B Pivot Point (horizontal) 4.2 (105) 4.2 (105) C Center Line Offset 6(31 (127) 5(~) (127) E PivotPoint(vertical) 6.8 (175) 8.3 (210) G Antenna Centerline 14.6 (370) t7.3 (440) H Reflector Length 12.3 (310) 14.0 (355) J Shroud Length, Low Profile 9.5 (240) J Shroud Length 12.5 (320) 13.9 (355) J Shroud Length, HED2-144, HED2-t27 15.2 (385) K Antenna Diameter 29.0 (735) 35.0 (890) L Radome Length (Standard Antenna) 13.4 (340) 16.8 (425) p Reflector Vertex 7.6 (195) 8.7 (220) Q Mast Diameter 1.9 - 4.5(~) 1.9 - 4.5(41 (50-115) (60-1 t5) Azimuth Adj. Range, (Fine) +1-5° +/-5' Elevation Adj. Range(zl +20' / -5°121 +20° / -5'(21 i I Survival wind speed is reduced to 110 mph (177kin/hr) when standard antenna without radorne is mounted on mast diameters smaller than 2.375' (60mm). Invert mount for +5' / ~20° elevation range. Offset lan or right without inverting mount. Product information subjeCl to change without notice. Tel: 207~83-5161 Fax: 207-883-4469 P.O. Box70, Scadx~ough, Maine 04070 U.S.A. 117 email: info~gabrielnet.com web: http:/Nntnv.gab~ielnet.com - J,L H) F 4ft. (1.2)- 6ft. (1.8) Standard & High Performance MechanicalSpecificatJom A B C D E F G H J Mount Length Pivot Point Center Line Offset Mount Strut (horizontal) Mount Strut (Pivot Point vertical) Fixed Side Strut (horizontal) Shroud Length (short) (long) Antenna Diameter Struts Supplied (adjustable) Struts Supplied (fixed) Azimuth Adjustable Range (Fine) Elevation Adjustment Ranges 24.3 (615) 10.5 (265) 5.0 (t25) 20.9m (530) 6.9(") (t 75) N/A 14.6 (37O) 21.6 (55O) 19.5 (495) 25.9 (660) 53.0 (1345) 23.0 (585) 7.7 (195) 13.3 (340) 4.5m (115) optional optional +/..5o +50o/.5o (2) 24.3 (6t5) 10.5 (265) 5.0 (125) 20.9 (530) 6.9 (175) 31.5(e (800) 14.6 (370) 29.5 (750) 25.7 (655) 32.7 (830) 77.5 (1970) 29.0 (735) 7.7 (195) 13.7 (350) 4.5m (1t5) t optional +50./.5o (2) I I (1) (2) (3) (4) (5) Optional Mast Clamp Kits are available for other mast diameters (sea page 121). Invert mount for +5° / -50° elevation range. Offset left or right without inverting mount. Optional Strut location. See page 121 for optional struts. For greater than 40' elevation on a 6 ft. (1.8) antenna, mast must not extend beyond 18 inch (457 mm). Tel: 207~83-5161 Fax: 207-8834469 P.O. Box T0, Scarborough, Maine 04070 U.S.A. 118 email: info~gabrfelnet.com web: http'//www.gabfielnet.com Directional Flat Panel Antennas Approximate Wind Forces at 125 mph (200 kmh) Wind Wind / ~ · +Fs 0.5 (0.15) 1 (0.3) 2 (0.6) 0 t6 (71) 0 (0) 60 t4 (62) 8 (36) 120 -14 (.62) 6 (36) 180 .16 (.7t) 0 (0) 0 ss (260) 0 (0) 60 49 (220) 2t (90) 120 -49 (-220} 21 (90) 16o .ss (-26o) o (o) 0 203 (900) 0 (0) 60 176 (780) 32 (t40) 120 .176 (-780) 32 (t40) 18o -203 (-9o0) o (o) o -1 1 0 o -6 5 o o -33 33 o (o) (t) (o) (0) (*?) (?) (o) (o) (-46) (45) (o) Notes: 1 2 Values are suitable for square or diagonal configuration models. Bold values indicate maximum. P.O. Box 70, Scarborough, Maine 04070 U.S.A. Tel: 207~83-5161 Fax: 207-s63-4469 email: saias~gabrielnet.com PANEL-MIlCH web: http:l/www.gabrielnet, com "GL"t & "GH" Grid Series Antennas Approximate Wind Forces at 125 mph (200 kmh) Top View Grid Antenna without Ice Positive Sign Convenlion for Windloads '( For 'GL' Series values see below. Grid Antenna with 112 in. (25mm) radial ice** 3 ff. 0 180 (810) (0.9) 70 52 (230) 115 -79 (-350) 180 -200' (-890)* 4ff. 0 310 (1360) (1.2) 70 87 (390) 115 -133 (-590) 180 -330* (-1490)* 6 ff.~ 0 710 (3100) (1.8) 70 200 (890) 115 -310 (-1360) 180 -770* (-34OO)* 0 (0) 0 (0) 93 (410) 69- (79)* 95* (420)* 57 (78) 0 (0) 0 (0) 0 (0) 0 (0) 0 750 (3300) 0 (0) 0 (0) 155 (690) 127' (172)* 60 780* (3500)* 148 (660) -137 (-186) 160' (710)* 124 (169) 125 -230 (-1020) 240* (1060)* 300' (400)* 0 (0) 0 (0) 180 -530 (-2400) 0 (0) 0 (0) 0 (0) 0 (0) 0 1730 (7700) 0 (0) 0 (0) 360 (1600) 450* (610)* 60 1810' (8100)* 340 (1520) -480 (-650) 370' (1640)* 440 (590) 125 -530 (-2400) 550* (2600)' 1050' (1420)* 0 (0) 0 (0) 180 -1230 (-5500) 0 (0) 0 (0) For Grid Antennas with 1 inch (25 mm) of radial ice. use windload values for solid parabolic antenna without radome. For "GL* Series Grid Antennas, use 80% of F. and 90% of F. and M Tel: 207~83-5161 Fax: 207-883-4469 P.O. Box70, Scarborough, Maine04070 U.S.A. 125 entail: infoC~gab~elnet.com web: http~/www.gabdelnet.com Standard & High Performance Plane - Dual Polarized Unlicensed "Nil" and Spread Spectrum I "ISM" Bands (National Information Inf~stn;cfum) (Indu~tial, Scient~c & Medical} Facts & Features Gabdel Quality and Dependability. Innovative Feed Design. Feed input is Type N Female, 50 ohm. isolation is 35 dB on Dual Polarized models. Optional radomes available. 2 ff. (0.6) model feeds are installed from the front of the antenna. 4 ft. (1.2), 6 fl. (1.8) and 8 lt. (2.4) model feeds are installed from the rear of the antenna, and allow for inspection or replacement from the rear. These models allow for smooth polarization adjustment from the back of the antenna. · Gabriel's Quick Align Mount comes standard on the SSP2, SSD2 and HSSP2 models. This mount allows for quick installation and easy alignment of the antenna with two hand tools. The Quick Align Mount will mount to a 1.9 - 4.5 in OD mast pipe. · New environmentally pleasing neutral colors. · Dual band models are available. Electrical Specifications Gabriel "UNII" and 'ISM" Band 2-ft. (0.6 m) - Plane Polarized - Standard Parabolic Antenna Associated Equipment Information Pages Point-to-Point Antenna Specifications ................................. 14 - 111 Special Application Antennas ............................................ 135 - 145 Antenna Mounts & Reference Dimensions ....................... 112 - 134 Radomes .............................................................................. 122 - 124 Tower Accessories ............................................................ 146 - 154 Transmission Lines ............................................................. 155 - 243 DP/ Air Pressurizers ........................................................... 244 - 253 Standard - Plane Polarized SSP2-52B 2 (0.6) SSP4-52B 4 (1.2) 5.250-5.850 SSP6-52A 6 (1.8) SSP8-52 8 (2.4) Standard - Dual Polarized SSD2-52A 2 (0.6) SSD4-52A 4 (1.2) 5.250-5.850 SSD6-52 6 (1.8) SSDS-52 8 (2.4) High Performance - Plane Polarized HSSP2-52 2 (0.6) HSSP4-52A 4 (1.2) 5.250-5.850 HSSP6-52A 6 (1.8) HSSP8-52 8 (2.4) 28.1 28.5 29.0 6.1 25 38 1.50 (14.0)1' 33.6 34.2 34.6 3.1 30 46 1.50 (14.0)1' 37.0 37.5 38.0 2.1 30 49 1.50 (14.0)1' 39.4 39.8 40.3 1.6 30 52 1.50 (14.0)i' 28.0 28.4 28.9 6.t 30 38 1.50 (14.0)1' 33.5 34.1 34.5 3.1 30 46 1.50 (14.0)1' 36.9 37.4 37.9 2.1 30 49 1.50 (14.0)1' 39.3 39.7 40.2 1.6 30 52 1.50 (14.0)1' 27.7 28.1 28.6 6.1 30 43 1.50 (14.0)1' 33.3 33.9 34.3 3.1 30 48 1.50 (14.0)1' 36.7 37.2 37.7 2.1 30 53 1.50 (14.0)1' 39.2 39.6 40.1 1.6 30 62 1.50 (14.0)1' ISee the Special Application section of this catalog for Gabriel's Directional Flat Panel antennas for Spread Spectrum operation. NOTE: Improved VSWR available. Product information subjeCt to change without notice. P.O. Box 70, Scarbora~gh, Maine 04070 U.S.A. small: sales~gabfielnst.com SS~2 web: http://www.gabdelnet.com 040~)1 Standard Antennas Approximate Wind Forces at 125 mph (200 krnh) ~ alpha Positive Sign Convention for Windloads Es Standard Antenna without radome Standard Antenna with radome 2*ft. 0 290 (1280) 0 (0) 0 (0) (0.6) 60 310' (1390)* 49 (220) -39 (-53) 125 -82 (-360) 07* (390)* 65* (89)* 180 -193 (°860) 0 (0) 0 (0) 2.5-ft. 0 390 (t750) 0 (0) 0 (0) (0.8} 60 430* (1910)* 67 (300) ~3 (-86) 125 -t12 (-500) 119' (530)* 106' (143)* 180 -270 (-1180) 0 (0) 0 (0) 4-f1, 0 900 (4300) 0 (o) o (o) (1.2) 60 1050' (4700)* 163 (720) -240 (-320) 125 -270 (-1210) 290* (1290}* 400* (540)* 180 -640 (-2900) 0 (0) 0 (0) S-fi. 0 2000 (9100) 0 (0) 0 (0) (1.8) 60 2200* (9900)* 350 (1550) -750 (-1010) 125 -580 (-2600) 620* (2800)* 1250' (1690)* 180 -1380 (-6100) 0 (0) 0 (0) 0 163' (720)* 0 (0) 0 (0) 50 102 (460) 100' (440)' -18 (-25) 100 9 (38) 75 (330) 76' (103)* 180 -125 (-550) 0 (0) 0 (0) 0 220* (990)* 0 (0) 0 (0) 50 141 (630) 137' (610)* -30 (-40) 100 12 (53) t02 (460) 122' (166)* 180 -171 (-760) 0 (0) 0 (0) 0 540* (2400)* 0 (0) 0 (0) 50 340 (1520) 330' (1480)* -112 (-152) 100 29 (128) 250 (1110) 460' (630)* 180 ~120 (-1850) 0 (0) 0 (0) 0 1160' (5200)* 0 (0) 0 (0) 50 730 (3300) 710' (3200)' -350 (~.80) 100 61 (270) 530 (2400) 1450' (1960)' 18o -89o (-4000) o (o) o (o) P.O. Box70, Scarborough, Maine 04070 U.S.A. Tel: 207-883-5161 Fax: 207-883-4469 126 ernail: infoC~gabrielnet.~om web: http://www,gabrielnet.com