05-E StarNet Addendum AGENDA INFORMATION SHEET
PROJECT: Approving and authorizing the execution of Addendum Number One to the Lease Agreement
with Star-Net Online Systems to provide for wireless service at the City of Paris Water Treatment Plant.
BACKGROUND: StarNet Online Systems is the City of Paris's current provider of Intemet and wireless
services. The main City offices on 1 st Street N.E. are connected directly to StarNet via Category 5 cable and
are receiving 768 Kbps of bandwidth for Intemet 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 StarNet's Intemet service.
The City's Technology Committee, appointed by the City Manager, and the former MIS Manager 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, determined that wireless connections were the only
options available for those offices located far from City Hall and that wireless communications were fast,
secure, dependable, and economical. StarNet was shown to be the only service provider in the city that could
provide the City of Paris with the bandwidth needed to allow proper communications between its various
offices. Likewise, there was 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 StarNet. Therefore, the City
Council heretofore approved a five (5) year Lease Agreement with StarNet for the non-exclusive use of space
on the City's water tower on 24th Street N.E. for the placement of its antennas in exchange for a reduced rate
on both T-1 and wireless service to the fire stations located at 1444 N. Main Street, 4055 Pine Mill Road,
2009 Bonham Street, and 2010 24th Street S.E., the City of Paris Water Treatment Plant located at Lake
Crook, and the City Animal Shelter.
At the time of the execution of the Lease Agreement with StarNet, the City was paying $320.00 per month
for 512 Kbps bandwidth to City Hall and 1 Mbps bandwidth to Fire Station One. Because service at the
additional locations were added at no additional charge in exchange for use of the water tower, the result was
a cost savings to the City of approximately $2,600.00 per month, which represents the cost of the increased
bandwidth and new services.
DESCRIPTION: The City of Pads has added a wireless tower at its Waste Water Treatment Plant, and
because this location was not included as part of the original agreement, StarNet has requested that the
existing Lease Agreement be amended to add this location for an additional monthly charge of $45.00.
StarNet has additionally requested that Exhibit B to the Lease Agreement, which describes the types of
antenna which were to be placed on the water tower, be revised to provide that the latest technology be
allowed.
COST: The City currently pays $320.00 per month for 512 Kbps bandwidth to City Hall and 1 Mbps
bandwidth to the fire stations located at 1444 N. Main Street, 4055 Pine Mill Road, 2009 Bonham Street, and
2010 24th Street S.E., the City of Pads Water Treatment Plant located at Lake Crook, and the City Animal
Shelter. Addition of the Waste Water Treatment Plant to the Lease Agreement will increase the monthly lost
to $365.00.
RECOMMENDED ACTION: Authorize the City Manager to execute Addendum Number One to the Lease
Agreement with StarNet Online Systems to add the Waste Water Treatment Plant.
STAFF CONTACT: Michael E. Malone, City Manager, and Larry W. Schenk, City Attorney
COUNCIL DATE: Consider at City Council's Monday, August 11, 2003, regular Council meeting.
ADDITIONAL MATERIALS: See attached Addendum Number One.
DRAFT
F:~Attorney\Lisa~Resolutions\CURRENT\StarNet Contract Addendum No. 1 Res.wpd
August 6, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
ADDENDUM NUMBER ONE TO LEASE AGREEMENT DATED
NOVEMBER 12, 2001, BETWEEN THE CITY OF PARIS, PARIS, TEXAS,
AND ANSTEORRA, INC, D.B.A. STARNET ONLINE SYSTEMS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of
November, 2001, in Resolution No. 2001 - 177, approve the execution of a Lease Agreement with
ANSTEORRA, Inc, d.b.a StarNet Online Systems for the use of space on the City's water tower
on 24th Street N.E. for the placement of antennas; and,
WHEREAS, the terms of the Lease are in need of revision, and it is deemed appropriate
that Addendum Number One, in the form shown in Exhibit A, attached hereto, be approved and
that the City Manager be authorized to execute the same; 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 form of Addendum Number One to Lease Agreement dated
November 12, 2001, between the City of Paris, Paris, Texas, and ANSTEORRA, Inc, d.b.a.
StarNet Online Systems, attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, said Addendum Number One, under the terms and
conditions and in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this lth day of August, 2003.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
ADDENDUM NUMBER ONE TO LEASE AGREEMENT
DATED NOVEMBER 12, 2001,
BETWEEN THE CITY OF PARIS, PARIS, TEXAS,
AND ANSTEORRA, INC, D.B.A. STARNET ONLINE SYSTEMS
STATE OF TEXAS )
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS, that this Addendum Number One to Lease
Agreement dated November 12, 2001, between the City of Paris, Paris, Texas, and
ANSTEORRA, Inc., d.b.a. StarNet Online Systems, is made this 1 lth day of August, 2003, by
and between the CITY OF PARIS, PARIS, TEXAS, acting by and through its City Manager,
Michael E. Malone, hereinafter called "Landlord," and ANSTEORRA, INC., D.B.A. STARNET
ONLINE SYSTEMS, by and through its President, Larry Rhea, duly authorized, hereinafter
called "Tenant."
WlTNESSETH
It is hereby mutually agreed by and between Landlord and Tenant that Paragraph 4 be
amended to read as follows:
"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:
(2) The availability of wireless 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, the City
of Paris Water Treatment Plant located at Lake Crook, Paris,
Texas, the City of Paris Water Treatment Plant located on 271
North, Powderly, Texas, and the City Animal Shelter at a
combined burstable speed of 1 Mbps, at a total cost of $245.00 per
month·"
EXHIBIT A
It is further mutually agreed that Exhibit B to said Lease Agreement be amended to the
form shown in Exhibit A, attached hereto.
EXECUTED on the 1 lth day of August, 2003.
CITY OF PARIS, PARIS, TEXAS,
LANDLORD
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
ANSTEORRA, INC, a Texas Corporation
d.b.a. STAR-NET ONLINE SYSTEMS
TENANT
By:
Larry Rhea, President
ATTEST:
Secretary
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Michael E.
Malone, City Manager of the City of Paris, Paris, Texas, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1 lth day of August, 2003.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared LARRY
RHEA, President of ANSTEORRA, Inc., d.b.a. Star-Net Online Systems, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ day of August, 2003.
Notary Public, State of Texas
A. 6" x 12" plate
B. 6" X 6" Plate
C. 2ft Dish
D. 6ft Dish
Network Cable
----down ladder
ADDENDUM NUMBER ONE TO LEASE AGREEMENT
DATED NOVEMBER 12, 2001,
BETWEEN THE CITY OF PARIS, PARIS, TEXAS,
AND ANSTEORRA, INC, D.B.A. STARNET ONLINE SYSTEMS
STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS, that this Addendum Number One to Lease
Agreement dated November 12, 2001, between the City of Paris, Paris, Texas, and
ANSTEORRA, Inc., d.b.a. StarNet Online Systems, is made this llth day of August, 2003, by
and between the CITY OF PARIS, PARIS, TEXAS, acting by and through its City Manager,
Michael E. Malone, hereinafter called "Landlord," and ANSTEORRA, INC., D.B.A. STARNET
ONLINE SYSTEMS, by and through its President, Larry Rhea, duly authorized, hereinafter called
"Tenant."
WITNESSETH
It is hereby mutually agreed by and between Landlord and Tenant that Paragraph 4 be
amended to read as follows:
"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:
(2) The availability of wireless 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, the City of Paris Water
Treatment Plant located at Lake Crook, Paris, Texas, the City of
Paris Water Treatment Plant located on 271 North, Powderly,
Texas, and the City Animal Shelter at a combined burstable speed
of 1 Mbps, at a total cost of $245.00 per month."
EXHIBIT A
It is further mutually agreed that Exhibit B to said Lease Agreement be amended to the
form shown in Exhibit A, attached hereto.
All other terms and provisions of the original Lease Agreement, save and except as
amended by the provisions of this Addendum Number One, shall remain in full force and effect.
EXECUTED on the 1 lth day of August, 2003.
CITY OF PARIS, PARIS, TEXAS,
LANDLORD
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
ANSTEORRA, INC, a Texas Corporation
d.b.a. STAR-NET ONLINE SYSTEMS
TENANT
By:
Larry Rhea, President
ATTEST:
Secretary
STATE OF TEXAS )
GIVEN UNDER MY HAND AND SE.AL OF OFFICE, this 1 lth day of August, 2003.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared LARRY
RHEA, President of ANSTEORRA, Inc., d.b.a. Star-Net Online Systems, known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this__ day of August, 2003.
Notary Public, State of Texas
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Michael E.
Malone, City Manager of the City of Paris, Paris, Texas, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed and in the capacity therein stated.
LEASE AGREEMENT
(Antenna on Water Tower)
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 ONLINE SYSTEMS, with its principal office located at 108 Lamer Avenue,
Paris, Texas ("Tenant").
BACKGROUND
A. Landlord is the owner in fee simple ora 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. Landlordreserves the right to requireTenant to relocate its facilities to another
location on the Water Tower if such relocation is necessary to the use, maintenance, or repair of the
Water Tower. Tenant shall complete the relocation of its facilities within thirty (30) days after
written notice from Landlord. Such relocation shall be at Tenant's expense.
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
Page I of 18
(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'sxight 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 Intemet service through Category 5 cabling connected
from Tenant's facilities located at 108 Lamar Avenue, Paris, Texas, to Landlord's
facilities located at 150 1 st 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 wireless service to the fire stations located at 1444 N.
Main Street, 4055 Pine Mill Road, 2009 Bonham Street, and 2010 24th Street S.E,
Pads, Texas, the City of Pads Water Treatment Plant located at Lake Crook, Pads,
Texas, and the City Animal Shelter at a combined burstable speed of 1 Mbps, at a
total cost of $200.00 per month.
b. All consideration to be provided by Tenant to Landlord shall constitute "Rent"
hereunder and shall be provided without offset.
Page 2 of 18
5. 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). Landlord may permit others to use other portions
of the Water Tower if they do not interfere with Tenant or Tenant's transmissions, otherwise,
the provisions of paragraph 14 of this Lease shall apply.
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 pennission 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 (I) and (2) above shall be borne by Tenant, and Tenant
shall hold Landlord harmless from any portion thereof.
6. CONSTRUCTION STANDAm>S. 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 Water Tower.
Page 3 of 18
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 (30) 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 o fall 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. EOUIPMENTUPGRADE. 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 replacement facilities and any supplemental materials as may be requested for
Landlord's evaluation and approval.
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.
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 tenn.
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
Page 4 of 18
paint and debris fallout which may occur during the painting, construction, or alteration
process.
10. PREMlSE$ ~4 CC£SS.
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. UTILI~7£$. Tenant shall, at its expense, provide electricity and other utilities associated with
its use of the Premises and shall timely pay all costs associated therewith.
12. £X¢£NSE FEES. Tenant shall pay, as they become due and payable, all fees, ~harges, taxes,
and expenses required for licenses and/or permits required for or occasioned by Tenant's use of the
Premises.
13. APPROVALS; COMPLI/tNCE WITH LA tVS. 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 thereai~er by the Federal Communications Commission or any other governing bodies.
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 fight 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 require an
engineering study indicating whether the Water Tower is able to structurally support the .
Page 5 of 18
Tenant's Antennae Facilities without prejudice to the Landlord's primary use of the Water
Tower. 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 jointly by Landlord and Tenant 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. 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 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 uso 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.
15. DEFAULT.4ND L,4NDLORD~S 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 as soon as possible if the default is
caused by an emergency); or if Tenant defaults in the performance of any other covenant or
Page 6 of 18
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 reasonablybelieves itself
to be insecure.
b. In the event ora default, Landlord shall have the fight, 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 Tenan 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 if a 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.
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. Cu~r BYI, ANDLORD. 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.
Page 7 of 18
17. OPTIONAL TERMIN~4 TION.
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 fi:om 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. 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.
19. /ILTER/ITIONt DAM~IGE OR DESTRUCTION. If the Water Tower or any portion thereof is
altered, destroyed, or damaged so as to materially hinder ~ffective 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 promptlyremove 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 fi:om any cause whatsoever arising out of Tenant's
construction, maintenance, repair, use, operation, condition, or dismantling of the Premises
or Tenant's Antennae Facilities.
Page 8 of 18
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, lieris, 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 fight of any person, fn'm, 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 attomeys, 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.
iii. Any and all liabili~, obligation, damages, penalties, claims, liens, costs,
charges, losses, and exper/scs (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 inju~
or property damage to any person arising out of the Tenant's installation, operation,
Page 9 of 18
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 Indenmitees are indemnified
hereunder, Tenant shall, upon notice fi.om 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
Inderrmitees 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 fi.om 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
expenses 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 attomeys' fees. ~
If Tenant requests Landlord to assist it in such defense then Tenant shall pay all expenses
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 attomey 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, the following types and
limits of insurance:
i. Worker's compensation insurance meeting applicable statutory requirements
for any and all employees, agents, contractors, subcontractors, or other individuals
who, at the sufferance or approval of Tenant, are present on the Water Tower at any
time and for any purpose.
ii. Comprehensive commercial general liability insurance with minimum limits
of One Million Dollars ($1,000,000.00) with the Colony Insurance Company.
Landlord shall be designated as a named insured with regard to the coverage as it
applies to the activities on the Water Tower. In the event that Tenant makes any
changes in its insurance policy, it shall immediately notify Landlord of such changes.
Page 10 of 18
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
$2,500.00. If there is any change in this deductible, then Tenant shall notify
Landlord at the address shown above.
iii. At the start of and during the period of any construction, builders all-risk
insurance, together with an installation floater or equivalent property coverage
covering cables, materials, machinery and supplies of any nature whatsoever which
are to be used in or incidental to the installation of the Antennae Facilities. Upon
completion of the installation of the Antennae Facilities, Tenant shall substitute for
the foregoing insurance policies of fire, extended coverage, and vandalism and
malicious mischief insurance on the Antennae Facilities. The amount of insurance
at all times shall be representative of the insurable values installed or constructed.
Equivalent coverage under existing or alternative policies approved by the City
Attorney may be substituted.
iv. All policies'shall be written on an occurrence and not on a claims made basis.
v. The coverage amounts set forth above may be met by a combination of
underlying and umbrella policies so long as in combination the limits equal or exceed
those stated. ~
g. Named Insureds: All policies, except for business interruption and worker's
compensation policies, shall name Landlord and its officers, employees, agents and
contractors, as their respective interests may appear as additional insureds (herein referred
to as the "Additional Insureds").
h. Evidence of Insurance: Tenant or Tenant's insurance carrier or carriers shall deliver
a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris,
Texas 75460, or furnish to said City Clerk a current letter or certificate fi.om such company
~'r companies, evidencing the fact that such insurance is in full force and effect at all times
during this Lease, and any extension hereof, and specifically noting thereon that Landlord
is an additional insured. Tenant shall immediately advise Landlord of any claim or litigation
that may result in liability to Landlord.
i. Cancellation of Policies of Insurance: All such policies shall be written so that
Landlord will be notified of cancellation or of any restrictive amendment of the policies at
least thirty (30) days prior to the effective date of such cancellation or amendment. Notice
shall be by certified mail, return receipt requested, addressed to the LESSOR at the following
address: City Clerk, City of Paris, P. O. Box 9037, Pads, Texas 75461-9037. If Tenant does
not keep all insurance required under this Lease in full force and effect, Landlord may
declare this Lease, and all rights and interest created by it, to be terminated. ·
Page 11 of 18
j. Insur~anies: All insurance shall be effected under valid and enforceable
policies, insured by insurers licensed to do business by the State of Texas or surplus line
carders on the State of Texas Insurance Commissioner's approved list of companies qualified
to do business in the State of Texas. All insurance canfers and surplus line carriers shall be
subject to approval by the City Attorney ofth~ City of Paris.
k. Deductibles: All insurance policies may be written with deductibles and retainages
not to exceed $50,000 unless approved in writing in advance by Landlord. Tenant agrees to
indemnify and save harmless Landlord, the Indemnitees, and Additional Insureds from and
against the payment of any deductible and from the payment of any premium on any
insurance policy required to be furnished by this Lease.
1. Contractors: Tenant shall require that each and every one of its contractors and their
subcontractors who perform work on the Premises carry, in full force and effect, workers'
compensation, comprehensive public liability, and construction liability insurance o fthe type
which Tenant is required to obtain under the terms of this Lease or, in the alternative, Tenant
shall require that such contractors and subcontractors be named as additional insured parties
on Tenant's insurance policies.
21. H.4ZARDOU$ SUBST. dNCE INDEMNIFICATION. Tenant represents and warrants that its use o f
the Premises herein will not generate anyhazardous substance, and it will not store oF 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 enviroumental law, regulatinn, 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. HOZDING OF/tR. 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.
23. ~ICCEPTANCE 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.
Page 12 of 18
24. 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: With a copy to:
City Manager City Clerk
City of Paris City of Paris
P. O. Box 9037 P.O. Box 9037
Paris, TX 75461-9037 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
25. ASSIGNMENT.
a. Tenant may not assign this Lease or sublet the Premises without the prior written
consent of Landlord. ~
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.
26. SUCCESSORSANDASSIGNS. This Lease shall be binding upon and inure to the benefit ofthe
parties, their respective successors, personal representatives, and assigns.
27. NON-W. nI~z£R. Failure of Landlord to insist on strict performance of any of the conditions,
covenants, terms or provisions of this Agreement or to exemise any of its rights hereunder shall not
waive such rights, but Landlord shall have the rights to enfome 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.
28. T/~YES.
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.
Page 13 of 18
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 maybe
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.
29. TP, EATM£Nr IN BANKRtJPrCY. 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 B ankxuptcy Code, 11 U. S .C. § 101, et seq. (The "Code"), this
Lease is and shall be treated as an "unexpired lease of nom'esidential 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.
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 II of the Code of
Ordinances of thc 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
authorizations and approvals required for execution and performance o fth~s 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 .
Page 14of 18
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
Michael E. Malone, City Manager
ATTEST:
Mattie Curmingham, City Clerk
Page 15 of 18
TENANT:
ANSTEORRA, INC, a Texas Corporation
d.b.a. STAR-NET ONLINE SYSTEMS
By: ~~~N
ATTEST:
j:~AttomeykL~akR.esolutions\CURKEN'rXStamet Antenna Lease-Final.wpd
Page 16 of 18
EXHIBIT A
PREMISES PLAN OF WATER TOWER
EXHIBIT B
DESCRIPTION OF ANTENNAE FACILITIES
c I
4~0
(100)
,
Mini-Mount
t ft. · (o.3 m)
Antenna Size ;Sft. (0.15 m) : .
In. (mm) In. (mm)
A Antenna Height & Width Diagonal Orlent~on 10 (255) 18.7 (475)
A Antenna Height & Width Square Orientation 7.1 (180) 13.2 (335)
B Panel Thickness, 2.3-2.5 GHz 1.8 (45) 1.8 (45)
B Panel Thickness, 5.2-5.8 GHz 1.1 (28) 1.1 (28)
C Mast Length 2.5c~ (65)
Mast Diameters 1.9-4.5 (50-115) 1.9-4.5 (50-115}
Azimuth Adjustment Range 360° 360'
ElevaSon Adjustment +20° ~20'~
(1) Mount can be configured with left or right offset.
(2) To obtain ~.20' elevation, with mast diameters · 2.4" (60 mm),
the mast must not extend beyond 2.5' (65 mm).
'Note: Th s figure S for d mensior~a! :~.~.'
I~formati0n only. Deta ~ of the varfo~s'
I an ~r~s ~y dl~er ~r°r~ thos~ ~.o~0:'
P.O. Box 70, Sc. att)~'ough, Maine 04070 U.S~. Tel: 207-883-5161 Fax: 207-883-4469
email: sales~gabcJeinet.com PN, IEL-MECH web: hftp://ww'~v.gabrlelnet.com
.8
-- (2O) r- - - '
IL_
IThe Quick Align Mount Is Patent Pending
Quick Align Mount (QAM)
Antenna Size I ftJ~ . (0.3 m) 2 ft. (0.6 m)
in. (mm) In. (mm)
A Antenna H&ight & Width Diagonal Orientation 18.7 (475) 35.3 (895)
A Antenna Height & Width Square Orientation 13.2 (335) 25.1 (640)
B Panel Thickness, 2.3-2.5 GHz 1.8 (46) 1.8 (46)
B Panel Thickness. 5.2-5.8 GHz 1.1 (20) 1.1 (28)
C Rear of Antenna 5.1 (130) 6.8 (175)
Mast DiameterP~ 2,375 (60) 2,375 (60)
Elevation Range +20' ::l:20°
Fine Azimuth Range ±10° :~10°
(1) Quick Align Mounts are optional on DFP1 models
end are denoted by an (MI) model # suffix.
(2) Mount can be configured 'with left or right offset.
(3) Order optional Clamp Kit MCKQAo19-45 Note: This figure Is for dimensional
for 1.9 in. - 4.5 In. (50 - 115 mm) mast diameters Inform~,tld~ only.~Details of th~ V~rfous
antennas re,ay differ from th~e ~hown.
P.O. Box70, Scarborough, Maine 04070 U.S.A. Tel: 207-883~5161 Fax:207-883-4469
em all: sales~g abdelnet .com pANEL-MECH web: http:/N~v~v.gabrlelnet.corn
051299
3 ft. (0.9 m) Parabolic Grid
Model: SSG3-23~,-~i
I ~, !::/ '1'
1. Elevation range is +20' 1-8', invert mount for <'8' 1-20'.
2. Offset left or right without invading mount.
3. Mast diameter range is 1.9 in, - 4.5 in. (50-115 mm).
4. Su~ival ratings on mast diameters of 2,375 in, (60 mm) and below are 125 mph (201 km/hr) t
and .5 in. (12 mm) ice OR 110 mph (177 kmlhr) and I in. (25 mm) ice.
Quick Align Mount*
available on many SSP2 and DFP models.
(~)
7.~ ~.~ ~.5
-- (~o) - F 025:
~ (2~)
' Ouick Ni~n Mount ~at~nt ~ondin~
2 ft. panel anlennas and as an option on I fl. panels.
2. Standard mast diameter Is 2,375 in. (60 mm). Order optional Clamp Kil MCKQA-19-45
~or 1.9 In. - 4.5 in. (50 - 1t5 mm) mast diameters.
3, Elevation range Is ~20'. inset shows ele~Eon alignment
4, Fine azimuth range is ~10'
5, Mount can be configured with left or right offset, wi~ Gabdel Qu[~ Nign Mount
P.O. Box70, S~r~gh, Maine ~70 U.S~, Tel: 207~5161 Fax: 207-~69 113
~ail: In~gab~lnet.~m web: h~,gab~lnet.~
£
Grid Series 3 ft. (0.9) 6 ff. (1.8) .ot.:r. hr u,.,sfo, [
- ' lnfon'nation only. Oetalts off, he '~arTous
Mechanical Specifications antennas may differ from th~. shown.
I
Antenna Size $ ff.. (0.9) 4 ft. (1,21 6 'lt. [1.8)
A Mount Len9th 27.1 (690) 24,3 (615) 24,9 (615)
B Pivot Point 4.2 (105} 10,5 (265) 10.5 (255)
C Center Line Offsei 5 (125) 5 (125} 5 (125)
D Mount Strut (horiz.) nla 20,9 (530} 20.9 (590)
E Mount Strut/Pivot Point (vert.) n/a 6.9 (175) 6.9 (175)
F Fixed Side Strut (horiz.) nla nla 32.5 (825}
G Antenna Centerline 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 (1485) 76.8 (1950)
N Mount Strut (depth) nla 7.7 (195) 7.7 (195)
P Reflector Vertex 8.2 (210} 13.1 (335) 13 (330)
Q Mast Diameter 2.4-4.5 (60-115) 4.5nl (115) 4.5m (t15)
Struts Supplied (adjustable) optional 1
Struts Supplied (fixed) optional optional
Azimuth Adjustment Range (Fine) +/- 5' +/- 5' +/- 5'
Elevation Adjustment Range +50' 1-5'c~) +50' I-5'{=1 +50' 1-5°('~
Notes: Parabolic shipping Information is availabts In the
(1) Optional Mast Clamp Kits are available for other mast diameters. (See page 121) Shipping Information section of this catalog
(2) Invert mount for +5' 1-50° elevation range.
(3) Offset left or right without ~g m
(4) Optional Strut Location. See page 121 For optional struts.
(5) For greater than 40' elevation on a 6 fi. (1.8) antenna, mast must not extend beyond 18 inches (457 mm).
P.O. Box 70, Scad:~orough, Maine 04070 U.S.A. Tel: 207-883-5161 Fax: 207-883-4469
114 ema[l: info~gabrlelnet.com web: htlp:#wv~v.gabrJelnet.com
2ff. (0.6)-2.5ff. (0.8) 3gure is for dimensiona
Standard & High Perfo, iirance i v,r~ou, antennas may differ from
Saecifications ,tho,,,ho~,,.
Mechanical
Antenna Size : J 2 ft. (0.6) I 2.5 ft. (0.8)
· · In, (mm) In. ' (mm)
A Mount Length 21.9 (555) 26.1 (665)
B PivotPoint(horizontal) 4.2 (105) 4.2 (105)
C Center Line Offset 5(~) (127) 5131 (127)
E PivotPoint(vertical) 6.8 (175) 8.3 (210)
G Antenna Cenierline 14.6 (370) 17.3 (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, HED2-127 15.2 (385)
K Antenna Diameter 29.0 (735) 35.0 (890)
L Radome Length (StandardAntenna) 13.4 (340) 16.8 (425)
P Reflector Vertex 7.6 (195) 8.7 (220)
Q Mast Diameter 1.9 - 4.5m 1.9 - 4.5m
(60-115) (60-115)
Azimuth Adj. Range, (Fine) +~-5' +~-5'
Elevation Adj. Range(21 +20' / -5*121 +20'/-5
than 2.375' (60mm).
Parabolic shipping information is avellable in me
Shipping Information section of this catalog
P.O. Box 70, Scarborough, Maine 04070 U.S~. Tel: 207-883-5161 Fax: 207-883-4469 117
email; iofo{~gabrlelnet.com web: http://w~vw.gabrielnet.com
· J, L (4)
~T CON[ (si
1
G A
..,,= ,~ ,~,...,u.., ,.,4ft' (1.2)- 6ff. (1.8) .ore= bl. f,0u,.., for d.m.ns,on.,I
~,..n.~ar.mg_u~..~.me..~rrnance ,.torma,o. pn,y. Dot~,,. o.be .
various antennas may eiffer from
MechanicalSpecifications ,,os.,,o.n..
Antenna Size 4ft. (1.2) 6ft, (1.8)
In. (mm) ~ (mm)
A Mount Length 24.3 (615) 24.3 (6t5)
B Pivot Point 10.5 (265) 10.5 (265)
C Center Line Offset 5.0 (125) 5.0 (125)
D Mount Strut (horizontal) 20.9(4) (530) 20.9 (530)
E Mount Strut (Pivot Point vertical) 6.9(') (175) 6.9 (t75)
F Fixed Side Strut (horizontal) N/A 31.5(~) (800)
G Antenna Centerline (a~,ov~ ~,ea,'~opl 14.6 (370) 14.6 (370)
H Reflector Length 21.6 (550) 29.5 (750)
J Shroud Length (short) 19.5 (495) 25.7 (655)
(long) 25.9 (660) 32.7 (830)
K Antenna Diameter 53.0 (t345) 77.5 (1970)
L Radome Length (StandardAntenna) 23.0 (585) 29.0 (735)
N MountStrut(depth) 7.7 (195) 7.7 (195)
P Reflector Vertex 13.3 (340) 13.7 (350)
Q Mast Diameter 4.5m (1t5) 4.5m (115)
Struts Supplied (adjustable) optional 1
Struts Supplied (fixed) optional optional
Azimuth Adjustable Range (Fine) +/-5' +/-5'
Elevation Adjustment Ranges +50'/-5' ~1 +50,/.5· (2)
I (1) Optional Mast Clamp Kits are available for other mast
Parabolic shipping information is available In We diameters (see page 121 ).
Shipping Infomlation section of this catalog 1321 Inved mount for +5' 1-50' elevation range.
Offset left or right without inverting mount,
(4) Optional Strut location. See page 121 for optional struts,
(5) For greater than 40' elevation on a 6 ft. (t.8) antenna,
mast must not extend beyond 18 Inch (457 mm).
P.O. Sox 70, Sca~b~ough, Maine 04070 U.S.A. Tel: 207-883-6181 Fax: 207-883-4469
118
email: Info~gabrielnet.com web: http://wv.'w.gabdelnet.com
Directional Flat Panel Antennas
Approximate Wind Forces at 125 mph (200 kmh)
Wind
+Fa An7
+M +Fs
Antenna Wind Axial Force . Side Force : .~TwlattngMoment
Size Angle Fa Fe M
ft. (meter) degrees lb (N) lb ; (~) · ft-lb (N-m)
o.5 0 t6 (7t) 0 (0) o (0)
(0.15) 60 14 (62} 8 (36) -t (-1)
120 -14 (.62) 8 (36) I (1)
18o -16 (-71) o (o) o (o)
1 o 56 (29o) o (o) o (o)
(0.3) 60 49 (220) 2t (90) -5 (-7)
120 -49 (-220) 21 (90) 5 (1)
180 .56 (.290) 0 (0) 0 (0)
2 0 203 (900) 0 (0) 0 (0)
(0.6) 60 176 (780} 32 (t40) -33 (.45)
120 .176 (-780) 32 (140) 33 (45)
180 -203 (-900) 0 (0) 0 (0)
I Values are suitable for square or diagonal configuration models.
2 Bold values indicate maximum.
P.O. Box70, Scarborough, Maine 04070 U.S~. Tel: 207-883-5161 Fax:207-883-4469
email: sales~gabdelnet.com pANEL-MECH web: http:lAvww.gabdetnet.com
051299
"GL"1' & "GH" Grid Series Antenhas
Approximate Wind Forces at f25 mph (200 kmh)
Top View
I
Positive Sign Convention for Windloads
1` For 'GL* Series values see below.
Grid Antenna without Ice Grid Antenna with 1/2 in. (25mm) radial Ice**
Antenna, Wind Axial Side Twisting Wind ' Axial Side ' .::~Twlstlng
Diameter: Angle Force Force ' ~Moment Angle . 'Force Force ' ~:~' Moment
Jrt (m) degree F, Fo M degree F, Fo M
· i ' lb(N) lb (N) fl.-lb. (N-m) lb (N) lb (N) :'"fl.-lb. (N-m)
3 ft. 0 ~so (sro) o (0) o (0)
(0.9) 70 52 (230) 93 (410) 59' (79)*
115 -79 (-350) 95' (420)* 57 (78)
180 -200' (-890)' 0 (0) 0 (0)
4 ft. 0 310 (1360) 0 (0) 0 (0) O 750 (3300) 0 (0) 0 (0)
(1.2) 70 87 (390) 155 (690) 127' (172)* 6O 780* (350O)° 148 (660) -137 (-186)
115 -133 (-590) 160' (710)* 124 (169) 125 -230 (-1020) 240' (1060)* 300* (400)*
180 -330* (-1490)* 0 (0) 0 (0) 180 -530 (-2400) 0 (0) 0 (0)
6 ft.m 0 710 (3100) 0 (0) 0 (0) 0 1730 (7700) 0 (0) 0 (0)
(1.8) 70 200 (890) 360 (1600) 450° (610)* 60 1810° (8100)* 340 (1520) -480 (-650)
115 -310 (-1360) 370* (1640)° 440 (590) 125 -530 (-2400) 550* (2600)* 1050' (1420)*
180 -770' (-3400)* 0 (0) 0 (0) 180 -1230 (-5500) 0 (0) 0 (0)
For Grid Antennas with I inch {25 mm) of radial ica. use windload
For 'GL' Sa~ea Grid Antennas. use 80% of F, and 90% o[ F, and M
Note I The above windidade ate typical for most eppiicatidns. For some
models, the loads may vary from this table. Contact your Gabriel
Sales Engineer for details.
P.O. Box 70. Scarborough. Maine 04070 U.S~. Tel: 207-883-5161 Fax: 207-883~t469 - 125
email: info~gabrielnet.co~n web: http:/N~w.gabdelnet.com
Standard & High Performance
Plane - Dual Polarized
Unlicensed "Nil" and
Spread Spectrum / "ISM" Bands
(Na~onal Information Infrasttooture) (Indust~al, Scien~ifTc & 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 ft. (0.6) model feeds are installed from the front of the
antenna. 4 ft. (t.2), 6 ft. (1.8) and 8 fl. (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.
GabrieI"UNIl" and "iSM" Band
· Gabriel's Quick Align Mount comes standard on the SSP2, 2-ft. (0.6 m) - Plane Polarized - Standard Parabolic Antenna
SSD2 and HSSP2 models. This mount allows for quick
installation and easy alignment of the antenna with two hand Associated Equipment Information Pages
tools. The Quick Align Mount will mount to a 1,9 - 4.5 in OD Point-to-Point Antenna Specifications ................................. 14 - 111
mast pipe. Special Application Antennas .............. ~ ............................ 135 - 145
Antenna Mounts & Reference Dimensions ....................... 112 - 134
· New environmentally pleasing neutral colors. Radomes .............................................................................. 122 - 124
Tower Accessories ............................................................ 146 o 154
· Dual band models are available. Transmission Lines ............................................................. 155 - 243
Dry Air Pressurizers ........................................................... 244 - 253
Electrical Specifications
I Nominal F/B
Frequency Model' Size Gain at Mid-Band )CaD VSWR (R.L.
GHz Number ff (mi :Standard Low Mid High Beamwidth dB ratio
dBi degrees dB max. dB)
Standard - Plane Polarized
SSP2-52B 2 (0.6) 28.1 28.5 29.0 6.1 25 38 1.50 (14.0)1'
SSP4-52B 4 (1.2) 33.6 34.2 34.6 3.1 30 46 1.50 (14.0)'j'
5.250-5.850 SSP6-52A 6 (1.8) 37,0 37.5 38.0 2.1 30 >.49 1.50 (14.0)1.
SSPS-52 8 (2.4) 39.4 39.8 40.3 1.6 30 ' 52 1.50 (14.0)1'
Standard-Dual Polarized
SSD2-52A 2 (0,6) 28.0 28.4 28.9 6.1 30 38 1.50 (14,0)1'
SSD4-52A 4 (1.2) 33.5 34.1 34.5 3.1 30 46 1.50 (14.0)1'
5.250-5,850 SSD6-52 6 (1,8) 36.9 37.4 37.9 2.1 30 49 1.50 (14.0)t
SSD8-52 8 (2.4) 39.3 39.7 40.2 1.6 30 52 1.50 (14.0)t
High Performance - Plane Polarized
HSSP2-52 2 (0.6) 27.7 28.1 28.6 6,1 30 43 1.50 (14.0)1'
HSSP4-52A 4 (1.2) 33.3 33.9 34.3 3.1 30 48 1.50 (14.0)1'
5.250-5.850 HSSP6-52A 6 (1.8) 36.7 37.2 37.7 2.1 30 53 1.50 (14.0)1'
HSSP8-52 8 (2,4) 39.2 39.6 40.1 1.6 30 62 1.50 (14.0)1'
I See the Special Application section of this catalog for Gabriel's ~
Directional Flat Panel antennas for Spread Spectrum operation.
J
NOTE:
1' Improved VSWR available.
Product information subject to change without notice.
P.O. Box 70. Scarbo~ough, Maine 04070 U,S~ Tel: 207-883-5161 Fax: 207-883~469
email: sales~gabdelnet.com ss.52 web: htr p:l/www.ga brieln e~,com
040~01
Standard Antennas
Approximate Wind Forces at 125 mph (200 kmh)
~ alpha
/ ~ Wind
Positive Sign Convention for Windloads
Standard Antenna without radome Standard Antenna with radome
Sldelb Force( Twisting M°ment-r~
Diameter , degree F, : F~, M ' degree F, n.lb'(N ")':
ft. (meter), lb (N) lb . (N) ft*lb (N:~) . :' lb (N)
2-tr. 0 29o (1280) 0 (0) 0 (0) 0 163' (720)' 0 (0) 0 (0)
(0.6) 60 310' (1390)' 49 (220) -39 (-53) 50 102 (460) 100' (440)° -18 (-25)
t25 -82 (-360) 87' (390)* 65' (89)' 100 9 (38) 75 (330) 76' (103)'
180 -193 (-860) 0 (0) 0 (0) 180 -125 (-550) 0 (0) 0 (0)
2.5-ft. 0 390 (1750) 0 (0) 0 (0) 0 220' (990)' 0 t (0) 0 (0)
(0,8) 60 430' (1010)' 67 (300) -83 (-86) 50 t41 (630) 137' (610)' -30 (-40)
125 -112 (-500) 119' (530)° 106' (143)° 100 12 (53) 102 (480) 122' (166)*
180 -270 (-1180) 0 (0) 0 (0) 180 -171 (-760) 0 (0} 0 (0)
4-ft. 0 960 (4300) 0 (0) 0 (0) 0 840' (2400)' 0 (0) 0 (0)
(t.2) 60 1050' (4700)' 163 (720) -240 (-820) 50 340 (1520) 330' (1480)* -112 (-152)
125 -270 (-t210) 290' (1290)* 400' (540)' 100 29 (128) 250 (1110) 460' (630)'
180 -640 (-2900) 0 (0) 0 (0) 180 -420 (-1850) 0 (0) 0 (0)
6-ft. 0 2000 (9100) 0 (0) 0 (0) 0 1160' (5200)' 0 (0) 0 (0)
(1.8) 60 2200' (9900)' 350 (1550) -750 (-1010) 50 730 (3300) 710' (3200)° -550 (-480)
125 -580 (-2600) 620' (2800)' 1250' (1690)' 100 61 (270) 530 (2400) 1450' (1960)'
18o -~38o (-81oo) o (o) o (o) 18o -890 (-4ooo) o (o) o (o)
Nolee 1 The above windloade are typical for most applications.
For same mode~a, the windloeds may var/from this table.
Conlacl your Gabriel Sales Engineer for U~ese values.
126 P.O. Box 70, Scad)orough, Maine 04070 U.S.A. Tel: 207-883-5161 Fax; 207-883-4469
email: Info~gabrielnel.com web; http~/www.gabrlelnet.com
DRAFT
F:~Attorney\Lisa~esolutions\CURRENT\StarNet Contract Addendum No. 1 Res.wpd
August 6, 2003
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
ADDENDUM NUMBER ONE TO LEASE AGREEMENT DATED
NOVEMBER 12, 2001, BETWEEN THE CITY OF PARIS, PARIS, TEXAS,
AND ANSTEORRA, INC, D.B.A. STARNET ONLINE SYSTEMS; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of
November, 2001, in Resolution No. 2001 - 177, approve the execution of a Lease Agreement with
ANSTEORRA, Inc, d.b.a StarNet Online Systems for the use of space on the City's water tower
on 24th Street N.E. for the placement of antennas; and,
WHEREAS, the terms of the Lease are in need of revision, and it is deemed appropriate
that Addendum Number One, in the form shown in Exhibit A, attached hereto, be approved and
that the City Manager be authorized to execute the same; 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 form of Addendum Number One to Lease Agreement dated
November 12, 2001, between the City of Paris, Paris, Texas, and ANSTEORRA, Inc, d.b.a.
StarNet Online Systems, attached hereto as Exhibit A, be, and the same is hereby, approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, said Addendum Number One, under the terms and
conditions and in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this lth day of August, 2003.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney