Suzy Ageton George Karakehian KC Becker Tim ... - City of Boulder

8. INSURANCE. During the Term, Tenant will carry, at its own cost and exp ense, the following
insurance: (i) “All Risk ” property insuran ce for its p roperty’s replacement cost; (ii) Workers’
Compensation Insurance as required by law; and (iii) Commercial General Liability (CGL) insurance with
respect to its activities on the Premises, such in surance to afford minimum protection of Three Million
Dollars ($3,000,000) combined single lim it, per occurrence and in the aggregate, providing coverage for
bodily injury and property damage. Tenant’s CGL insurance shall contain a provision including City as an
additional insured to the extent of the indemnity provided by Tenant under this Agreement.
9. INTERFERENCE.
(a) The City will provide Tenant, upon execution of this Agreement, with a list of all existing
radio frequencies/frequency bands on the Property and those frequencie s/frequency bands City plans to
use on the Property. Tenant war rants that its use of the Premises will not interf ere with the radio
frequencies so disclosed by City, as long as the existing radio frequenc y user(s) operate and continue to
operate within their resp ective frequencies and in acco rdance with all applicab le laws and regulations.
Tenant will provide C ity, upon execution of this Agreem ent, with a list of all radio frequencies that
Tenant proposes to use on the Property.
(b) The City’s use of the Property includes a manned Fire Station. Tenant will no t allow any
of Tenant’s equipment, including any HVAC system, to disturb or create noise that interferes with the
day-to-day operation of the Property by the City. In the event that it is reasonably determined by the City
that emissions from any of Tenant’s equipment could cause harm to humans, Tenant shall take such steps
as reasonably required to mitigate such harm.
(c) City will not grant, after the date of this Agreement, a lease, license or any other right to
any third party for the use of the Property, if such use m ay adversely affect or interfere with th e
frequencies identified by Tenant. City will no tify Tenant in writing prior to granting any third party the
right to install and operate communications equipment on the Property.
(d) Tenant will not use, nor will Ten ant permit its em ployees, tenants, license es, invitees,
agents or independent contractors to use, any portion of the Prem ises in any way which conflicts with the
Permitted Use or interferes with the operations of City or the rights of City under this Agreement. Upon
receipt of notice from the City of Tenant’s violation of this prov ision, the Tena nt shall cause such
interference to cease within twenty-four (24) hours. Failure to cease such interference within twenty-four
hours after receipt of notice of interf erence from City shall be a default o f this Agreement. Tenant shall
cease all operations which are su spected of causing in terference (except for interm ittent testing to
determine the cause of such interference) until the interference has been corrected.
(e) For the purposes of this Agreement, “Interference” may include, but is not limited to, any
use on the Property that causes electronic or physical obstruction with, or degradation of, the
communications signals from the Communication Facility. Further, interference includes radio frequency
interference originating from equipment that measurably impairs the operation of any of the City’s or any
lessee’s radio receivers, equipment or antennas. Interference can be continuous or intermittent. Measurable
Interference is the presence of i nterference that degrades recei veivity by at least 3 dB duri ng on/off testing.
Except when City and Tenant mutually agree to extraordinary methods, reference receiver sensitivity shall be
measured by 12 dB SI NAD per TIA-603-C-2004 (analog) or by the standard bit -error rate (5%) per TIA-
102.CAAA-A2002 (digital). Interference as used herein refers to interference specifically described, as well
as any other recognized effect on equipment at t he Communication Facility which impairs its effectiveness
for public safety and emergency communications.
(f) Prior to adding or changi ng any f requencies at the Comm unication Facility, Tenant shall
conduct a radio frequency intermodulation study, at the expense of Tenant, to be conducte d by a c onsulting
engineer or other qualified expert mutually agreed to by City and Tenant. A c opy of the s tudy shall be
provided to the City, and the City may commu nicate directly with e ngineer or ot her expert regarding t he
results of the study. If the study shows that any of Tenant’s frequencies or equipment at the Communication
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