Loading...
HomeMy WebLinkAbout25L114 - Four Seasons at Palm Springs Community Association55575.18125\43044890.1 1 CITY OF PALM SPRINGS LICENSE AGREEMENT This LICENSE AGREEMENT (“Agreement”), is made this 31st day of January, 2025 by and between the City of Palm Springs, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 (“City”), and Four Seasons at Palm Springs Community Association. (“LICENSOR”), a non-profit organization. City and Four Seasons at Palm Springs Community Association are sometimes individually referred to as “Party” and collectively as “Parties”. RECITALS A Four Seasons at Palm Springs Community Association is the owner in fee of certain real property commonly referred to as Four Seasons Palm Springs, APN 669610051, in the CITY as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Licensed Property”). B. CITY wishes to enter a certain portion of property owned by LICENSOR for the purposes specified in Item 2 of the Basic License Provisions. PART I. BASIC LICENSE PROVISIONS 1. Description of Licensed Property: The LICENSOR real property is in the County of Palm Springs, State of California, as more particularly described in the attached Exhibit “A”. 2. Use of Licensed Property: For the installation of drone radar system to enhance the capabilities of the City’s Police Department’s unmanned aerial vehicle program by providing real-time situational awareness and improve public safety, as more particularly described in the attached Exhibit “B”. 3. Commencement Date: Date of the Agreement first specified above. 4. Term: Five (5) years from the Commencement Date. 5. CITY’s Address: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Attention: City Manager Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 55575.18125\43044890.1 2 6. LICENSOR’s Address: Four Season Palm Springs 3800 Four Seasons Blvd Palm Springs, CA 92262 Attention: Four Seasons Palm Springs Board President 7. Facility: Drone radar system to be installed above the Licensed Property (the “Facility”), as more particularly described in the attached Exhibit “B”. The foregoing Basic License Provisions and the General License Provisions set forth in the attached Part II are incorporated into and made part of this Agreement. PART II. GENERAL LICENSE PROVISIONS 1. General Grant. Subject to the terms and conditions hereinafter set forth, LICENSOR hereby grants a revocable, non-exclusive license to CITY above, the Licensed Property, as further described in Exhibit “B“, for the purposes described in Item 2 of the Basic License Provisions, together with rights for access and entry onto the Property as necessary or convenient for the use of the drone radar system. In connection with this grant of license, CITY, its employees, agents, customers, visitors, invitees, licensees and contractors (collectively, “CITY’s Parties”), may, subject to the provisions hereof, have reasonable rights of entry and access onto adjoining real property of LICENSOR if necessary for the use of the Facility or the Licensed Property, with the time and manner of such entry and access to be subject to LICENSOR’s prior written approval. The Licensed Property, adjoining real property of LICENSOR and personal property of LICENSOR located thereon shall hereinafter collectively be referred to as “LICENSOR Property”. 2. Term. The term (“Term”) of this Agreement shall commence on the “Commencement Date” specified in Item 3 of the Basic License Provisions. Unless a specific term of this Agreement is filled in at Item 4 of the Basic License Provisions, this Agreement shall continue in full force and effect on a month-to-month basis as provided in Item 4 of the Basic License Provisions until terminated as provided herein. If Item 4 of the Basic License Provisions provides for a specific term, then this Agreement shall be a license for the term specified in said Item 4; provided, however, that LICENSOR may have the right to terminate this Agreement prior to the date specified in Item 4 pursuant to the termination provisions provided herein. 3. Use. CITY shall use the Licensed Property and Facility solely for the purposes specified in Item 2 of the Basic License Provisions and for such lawful purposes as may be directly incidental thereto. No change shall be made by CITY in the use of the Licensed Property, the Facility, or the commodity or product being conveyed through the Facility, if any, without LICENSOR’s prior written approval. 3.1 Notice Prior to Initial Entry. CITY shall provide LICENSOR no less than three (3) days prior written notice before CITY’s initial entry onto the Licensed Property for the purposes hereunder. 4. Termination of License Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 55575.18125\43044890.1 3 4.1 Notwithstanding any other term or provision of this Agreement, LICENSOR shall have the right to terminate this Agreement, under any of the following circumstances: 4.1.1 In the event that LICENSOR determines that it requires the Licensed Property for its own uses, which determination shall be made by the President of the Four Seasons HOA, and or his/her designee and require proof of the legal standard of necessity. The LICENSOR may terminate this Agreement by providing sixty (60) days written notice to CITY of the intent to terminate this Agreement. 4.1.2 LICENSOR may terminate this Agreement at any time for cause, for a breach by CITY of any covenant or term of this Agreement, or a default by CITY of any term or provision of this Agreement, which acts of CITY shall include but not be limited to: (i) the failure by CITY to pay any amount in full when it is due under this Agreement, or (ii) the failure by CITY to perform any obligation under this Agreement. Notification of such termination shall be in writing. 4.2 CITY may terminate this Agreement at any time for its convenience by providing written notice to Licensor six (6) months prior to the date of termination. 5. Maintenance and Repair. CITY shall, at its own cost, repair, maintain and utilize the Facility and Licensed Property so that they will not at any time be a source of danger to or interference with the LICENSOR Property, or any other activities on the LICENSOR Property. Any repair and maintenance work shall be done to the Standards (defined below). CITY shall provide LICENSOR no less than thirty (30) days written notice and shall acquire all necessary approvals from LICENSOR prior to CITY’s commencement of any such repair or maintenance work. If, at any time, CITY shall fail to perform properly its obligations under this Section, LICENSOR may, at its option, perform such work itself as it deems necessary for the safe operation of its property and other uses on the LICENSOR Property. In such event, CITY agrees to pay, within thirty (30) days after a bill is rendered therefor, the cost so incurred by LICENSOR. However, failure on the part of LICENSOR to perform the obligations of CITY shall not release CITY from liability hereunder for any loss or damage occasioned thereby. 6. Construction and Installation. 6.1 The Facility shall be installed and constructed at the CITY’s sole cost in accordance with the design plans, which are attached hereto as Exhibit “B”. 6.2 Any deviation from the plans shall be approved in writing by the LICENSOR’s designee. 6.3 Construction, installation and maintenance of the Facility shall be accomplished in such a manner so that it will not interfere with or be a source of danger to the LICENSOR Property or other activities on the LICENSOR Property. Any aspect of the Facility which will interfere with other uses on the LICENSOR Property shall be approved in advance by LICENSOR. LICENSOR may require that LICENSOR’s representative be present during some or all of the construction, installation or maintenance of the Facility. If LICENSOR’s representative determines that the construction, installation or maintenance of the Facility is not being accomplished in accordance with this Agreement, he or she may, but shall not be required to, halt the work. Notwithstanding the presence of the LICENSOR’s representative, CITY shall, at all times, retain full liability and responsibility for all aspects of the construction, installation or maintenance of the Facility. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 55575.18125\43044890.1 4 6.4 CITY shall provide LICENSOR with “As Built” within twenty (20) days of completion of the Facility, if necessary. 7. Insurance. CITY shall be lawfully self-insured with minimum coverage limits as required by LICENSOR. Prior to (i) entering the Licensed Property or (ii) performing any work or maintenance on the Facility, CITY shall furnish LICENSOR with the insurance endorsements and certificates in the form and amounts specified, evidencing the existence, amounts and coverage of the insurance required to be maintained hereunder. LICENSOR shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by CITY under this Agreement. 8. Subordinate Rights. This Agreement is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title (hereinafter referred to as “Title Exceptions”) which may affect the Licensed Property now , and the words “grant” or “convey” as used herein shall not be construed as a covenant against the existence of any such Title Exceptions. 9. Attorneys’ Fees. In any judicial or arbitration proceeding involving performance under this Agreement, or default or breach thereof, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs. 10. Successors and Assigns. All the covenants and provisions of this Agreement shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the LICENSOR and CITY to the same extent and effect as the same are binding upon and insure to the benefit of the Parties hereto. 11. Survival of Obligations. All obligations of CITY hereunder not fully performed as of the termination or cessation of this Agreement in any manner shall survive the termination of this Agreement, including without limitation, all payment obligations with respect to fees and all obligations concerning the condition of the Facility and the LICENSOR Property. 12. Assignment. This Agreement and the license granted herein are personal to the CITY. CITY shall not assign or transfer (whether voluntary or involuntary) this Agreement in whole or in part or permit any other person or entity to use the rights or privileges hereby conveyed, absent an agreement in a writing signed by both Parties. 13. Waiver of Covenants or Conditions. The waiver by LICENSOR of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by it of any other covenant or condition under this Agreement. 14. Amendment. This Agreement may be amended at any time by the written agreement of LICENSOR and CITY. All amendments to this Agreement shall be binding upon the Parties despite any lack of legal consideration, so long as the same shall be in writing and executed by the Parties hereto. 15. Revocation. If, at any time, CITY shall fail or refuse to comply with or carry out any of the covenants herein contained, LICENSOR may, at its election, terminate this Agreement within thirty (30) days’ notice, unless a longer notice period is specifically provided for elsewhere in this Agreement. 16. Abandonment. Should CITY at any time abandon the Licensed Property, or any part thereof, or fail at any time for a continuous period of six (6) months to use the same for the Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 55575.18125\43044890.1 5 purposes contemplated by this Agreement, then LICENSOR may terminate this Agreement to the extent of the portion so abandoned or discontinued. CITY may abandon the Facility, or any portion thereof, in place subject to the LICENSOR’s prior written approval if the abandoned Facility does not conflict with an existing or proposed project or LICENSOR’s use of the LICENSOR Property. Should CITY abandon the Facility, or any portion thereof, CITY shall provide LICENSOR with any documentation LICENSOR deems necessary for said abandonment, which may include, but not be limited to, a certificate of abandonment. LICENSOR shall have no obligation to permit the Facility to be abandoned in place or relocated to any other location on the LICENSOR Property. 17. Notice. Any notice hereunder to be given by LICENSOR to CITY shall be deemed to be properly served on the date it is deposited in the United States Mail, postage prepaid, addressed to such party at its address set forth in the Basic License Provisions. Either LICENSOR or CITY may change its address for the receipt of notice by giving written notice thereof to the other party of such change. Notices shall be effective on the date delivered to custody of the U.S. Postal Service. 18. Counterparts; Facsimile Signatures. This Right of Entry may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile signatures shall be considered original signatures. 19. Severability. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 20. Captions. The Captions included in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement or any provision hereof, or in any way affect the interpretation of this Agreement. 21. Time of Essence. Time is of the essence in this Agreement. 22. No Recording. CITY shall not record or permit to be recorded in the official records of the county where the Licensed Property or Facility is located any memorandum of this Agreement or any other document giving notice of the existence of this Agreement, or the license granted hereby. 23. Entire Agreement. This Agreement and the Exhibits hereto constitute the entire agreement between the LICENSOR and CITY with respect to the subject matter hereof and supersede all prior verbal or written agreements and understandings between the Parties with respect to the items set forth herein. 24. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 25. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 55575.18125\43044890.1 6 SIGNATURE PAGE FOR LICENSE AGREEMENT BETWEEN CITY OF PALM SPRINGS AND FOUR SEASONS AT PALM SPRINGS COMMUNITY ASSOCIATION IN WITNESS WHEREOF, the Parties hereto have executed this License Agreement on the date first written above. LICENSEE CITY OF PALM SPRINGS APPROVED BY: Scott Stiles City Manager ATTESTED BY: Brenda Pree City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney LICENSOR FOUR SEASONS AT PALM SPRINGS COMMUNITY ASSOCIATION Signature Name Title Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 President of the Board of Directors Kevin Harrigan 55575.18125\43044890.1 7 EXHIBIT A DESCRIPTION OF LICENSED PROPERTY Name: Four Seasons Palm Springs Address: 3800 Four Seasons Blvd, Palm Springs, CA 92262 APN: 669610051 Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 55575.18125\43044890.1 8 EXHIBIT B DEPICTION OF DRONE RADAR SYSTEM AS IT RUNS ACROSS PROPERTY [ATTACHED] Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Four Seasons Palm Springs HOA Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 2 Table of Contents 1.0 Introduction ............................................................................................................................................ 4 2.0 MatrixSpace Airspace Surveillance Radar System ............................................................................... 4 2.1 Features and Function .................................................................................................................. 5 2.2 Installation Site Selection Considerations ..................................................................................... 6 2.2.1 Access & Security Requirements .............................................................................................. 6 2.2.2 Power and Communications Infrastructure ............................................................................... 6 2.3 Safety ............................................................................................................................................ 7 2.3.1 Wind Shear ................................................................................................................................ 7 2.3.2 Trip and Fall .............................................................................................................................. 7 2.3.3 Falling Debris ............................................................................................................................ 7 2.3.4 Shock and Fire Hazard ............................................................................................................. 7 2.3.5 Radiation Hazard....................................................................................................................... 8 2.3.6 Restricted Access & Vandalism ................................................................................................ 8 2.4 Installation - Overview ................................................................................................................... 9 2.4.1 Satellite View ............................................................................................................................. 9 2.4.2 DFR Operational Volume – Palm Springs City Limits ............................................................. 10 2.4.3 Site Address ............................................................................................................................ 10 2.4.4 Street/Curb View ..................................................................................................................... 11 2.4.5 Rooftop View ........................................................................................................................... 11 1.1.1 Mounting and Mechanical Installation ..................................................................................... 13 2.4.6 Existing Infrastructure and Site Access................................................................................... 15 1.1.2 Proposed System Mounting: ................................................................................................... 16 1.1.3 Panoramic field of view ........................................................................................................... 17 2.4.8 Visibility and Appeal from Street Level.................................................................................... 17 2.5 MatrixSpace System Installation – Phased Approach ................................................................ 17 2.5.1 Phase 1 – System Site Evaluation and Planning (Completed) ............................................... 17 2.5.2 Phase 2 – System Installation ................................................................................................. 18 2.5.3 Phase 3 – System Bring Up and Commissioning. .................................................................. 18 2.5.4 Phase 4 – System Tuning and Field Validation. ..................................................................... 18 2.5.5 Phase 5 – System Maintenance ............................................................................................. 18 2.6 Summary and Conclusion ........................................................................................................... 19 3.0 Next Steps .......................................................................................................................................... 19 3.1 Action Items to be Completed Before Day of Installation ........................................................... 19 3.2 User FCC License Guide ............................................................................................................ 20 3.2.1 FCC Licensing Requirement Under 47 CFR Part 87 .............................................................. 20 Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 3 4.0 Disclaimer ........................................................................................................................................... 20 5.0 Contact Information .............................................................................................................................. 21 Appendix A – Project Checklists ................................................................................................................. 23 Appendix B – FCC Permit and License ...................................................................................................... 25 Figures Figure 1: MatrixSpace 360-Degree Airspace Surveillance System .............................................................. 5 Figure 2: Google Earth View of Four Seasons Palms Springs - Red Marker ............................................... 9 Figure 3: Phase 2 – Four Seasons Palm Springs HOA (this document) .................................................... 10 Figure 4: Proposed Installation Location Street View – Green Arrow......................................................... 11 Figure 5: Roof top view – green arrow Other communication equipment is already present ..................... 11 Figure 6: The proposed installation site – rear facing - with minimal impact on curb appeal. .................... 12 Figure 7: Proposed installation location almost invisible from this point of view ........................................ 13 Figure 8: Proposed installation location invisible from this point of view .................................................... 13 Figure 9: Proposed installation location - not visible from main driveway .................................................. 13 Figure 10: Proposed installation location view from guest parking lot. ....................................................... 13 Figure 11: Proposed installation location mostly obstructed by main entrance .......................................... 14 Figure 12: Proposed Installation location rear side of tower towards the roof for minimal visibility ............ 14 Figure 14: Inside tower access ................................................................................................................... 15 Figure 15: Electronic junction box mounted inside tower. Power and data connections available ............ 15 Figure 16: Wire conduit through wall for existing antennae – similar to this proposal for comparison ....... 15 Figure 16: Pre-existing data connections .................................................................................................... 15 Figure 17: System mounting proposal – view from inside the tower. No roof penetration necessary ........ 16 Figure 18: System mounting proposal – outside view. No roof penetration necessary .............................. 16 Figure 19: Panoramic Field of View – ESE – Ideal for Palm Springs PD DFR operations ......................... 17 Figure 20: MatrixSpace Radar Size Reference .......................................................................................... 17 Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 4 1.0 Introduction We are pleased to present our comprehensive proposal for the deployment of the MatrixSpace Radar Surveillance Systems which will establish complete radar coverage across the operational airspace. This proposal underscores our commitment to elevating the safety, security, and operational efficiency within the city limits by leveraging cutting-edge radar technology strategically positioned across key locations. Our proposed solution involves the strategic installation of radar units at key vantage points across city limits. This network of radars will culminate in an integrated, expansive coverage network, proficient in surveilling airborne, terrestrial, and maritime activities alike. This radar system will interface seamlessly with cutting-edge data analytics, offering instantaneous alerts, predictive modeling, and historical trend analysis, thereby transcending the conventional surveillance paradigm. This document outlines the specific application of the MatrixSpace Radar Surveillance System in the context of the cities DFR (Drone First Responder) program by the Police Department. The topological considerations for the preferred installation location throughout the city, including coverage area requirements, terrain analysis, and potential interference factors, are meticulously discussed. The document further explores the proposed installation site, visibility from street level, and access and security requirements. Detailed insights into power and communications infrastructure, safety considerations, and a phased installation approach to the MatrixSpace System Installation are provided. Furthermore, this document serves as a comprehensive guide for the integration of the MatrixSpace Airspace Surveillance Radar in the specified context. The thorough analysis of installation site factors, safety measures, and the phased approach to installation highlights a meticulous planning process. The document aims to ensure a successful and optimized implementation of the radar system for the DFR Program, emphasizing safety, functionality, and long-term maintenance. 2.0 MatrixSpace Airspace Surveillance Radar System The MatrixSpace Radar is a breakthrough, compact form-factor radar system that delivers incredible performance. It fills the performance, size, and cost gap between automotive radar and larger medium- range radars. This unique product offering is a perfect fit for a variety of mobile or vehicular platforms such as drones, robots, and DFR programs, as well as deployable systems such as portable or installed security systems, target tracking systems, and sports performance analysis. This radar may be used for navigation and collision avoidance, as part of a detect-and-avoid system, or for target detection and tracking. The detection ranges along with the size are optimized for mobile and stationary platform applications. The MatrixSpace Radar module includes all elements associated with radar signal generation, transmission, reception, and signal processing. Optimized digital signal processing combined with command-and-control results in a self-sufficient radar module. The simple interface supports a variety of radar output formats serving the target tracking data. The control information sent to the MatrixSpace Radar module includes commands for mode of operation, beam indexes and sweep ranges, power consumption modes, timing triggers, and target thresholds. The MatrixSpace Radar System consists of lightweight, compact K-Band (24.5 GHz typ.), 8x8 matrix phased-array radars. The antennae scan electronically over the Field of Regard (FoR) in azimuth and elevation respectively. Both azimuth and elevation mono-pulse angle measurements are used to provide accurate four-dimensional target coordinates (range, velocity, azimuth, and elevation). The coherent transmit RF power is generated by an integrated solid-state power amplifier. An embedded receiver- processor processes the pulsed-doppler waveforms, providing automatic target detection, tracking, Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 5 discrimination, and location. The MatrixSpace Radar receiver/signal processors are housed inside a fully integrated IP67 rated enclosure for permanent and reliable outdoor installations. 2.1 Features and Function The MatrixSpace 360 Radar is comprised of four MatrixSpace DopplerSpace Radar Units composing a sophisticated surveillance system designed for detecting and tracking objects in the airspace. Advanced Sensing and Edge Computing: - The system utilizes advanced algorithms for enhanced target detection and tracking. It leverages deep knowledge about the technology and applications to deliver real-time, accurate airspace surveillance for decision-making ensuring rapid response and airspace safety even in dynamic environments. 360-Degree Coverage and Long-Range Detection: - The radar provides hemispherical coverage spanning 360 degrees horizontally and 49 degrees vertically. This system is optimized for tracking aircraft in low airspace specifically targeted to DFR operations. Dynamic Clutter Filtering: - The system excels in eliminating nuisance and false tracks by employing dynamic clutter filtering, ensuring accurate target tracking. Scalable and Easy Deployment: - The MatrixSpace 360 Radar is designed for simple deployment and scalability. Software-Defined Sensing and User Interface: - The system features a single interface for controlling the radar, receiving target track data with long-term history retention, and visualizing tracks in a 360-degree surveillance view. Robust APIs enable extensibility and integration with other systems. Secure and Reliable Operation: Figure 1: MatrixSpace 360-Degree Airspace Surveillance System Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 6 - Embedded zero-trust security ensures system integrity, even in integrated environments. It features secure boot, physical device lockdown, and secure remote access for maintenance and updates via VPN tunnels. Comprehensive Specifications (preliminary): Sensors: o 4x MatrixSpace Radar, with optional ADS-B Power: o 120VAC (5-15P plug/15A Circuit), optional 240VAC or 48VDC battery/solar backup Physical: o Mounting kit for 1.5” to 4” pole o 50lbs gross weight (Radar Hub: 25lbs, 4 Radar Assemblies: 25lbs) Environmental: o Radar: IP67, -40°C to +65°C operating temperature o Radar Hub: IP65, -40°C to +75°C operating temperature o System Humidity: 0-90% RH non-condensing o Wind tolerance up to 74 mph o Surge protection for lightning and transients Compute: o Dell Edge Gateway 3200 (Quad-core Intel CPU, 16GB RAM, 500GB SSD) Network: o RJ45 LAN port o 5G 4x4 MIMO remote management air interface (supports LTE and 5G NR bands) o ADS-B PoE port - optional Security: o Dell EdgeOS with enhanced edge security features Regulatory: o FCC CFR 47 Part 15, FCC CFR 47 Part 87, IEC 61643, IEC 61000-4-5, IEC61000-4-4, IEC61000-4-2, IEC 62368-3, NIST 82593 The MatrixSpace 360 Radar, powered by Dell NativeEdge technology, offers a comprehensive and future-proof solution for airspace surveillance. 2.2 Installation Site Selection Considerations 2.2.1 Access & Security Requirements During the site evaluation the chosen installation sites were easily accessible for installation, maintenance, and repairs. Additionally, security measures are in place to protect the MatrixSpace system from vandalism or unauthorized access due to secure access control to the building and roof top area. 2.2.2 Power and Communications Infrastructure 2.2.2.1 System Power Requirements Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 7 The MatrixSpace Radar system includes an Auxiliary Unit that converts the 110V mains power to the various required voltages to operate the system reliably in a harsh outdoors environment. The overall power draw of one MatrixSpace Radar unit is only ~27W. Including the Auxiliary Communications Interface the complete system power consumption is approximately 50W. Therefore, an installation of a 360-degree MatrixSpace Radar system would have an overall power consumption of approximately 250W (about four 60W household incandescent light bulbs). Power Supply Requirements: Supply Voltage Requirements: o 120VAC (5-15P plug/15A Circuit), o optional 240VAC o optional 48VDC battery/solar backup Power: o ~250W for a 360-degree airspace surveillance system o A 24/7 system uptime results into 2,200 kWh annually 2.2.2.2 System Data Communications Requirements The MatrixSpace Radar System provides its radar track and radar status data over a standard Cat6 RJ45 Ethernet cable. Data Communications Bandwidth Requirements: - A MatrixSpace 360 Degreed Radar System requires an internet connection with a min. of 1 Mbps of upload bandwidth. 2.3 Safety Safety is a paramount consideration for installing the MatrixSpace Radar System situated atop a tall building prone to strong winds and gusts and exposure to the environment. 2.3.1 Wind Shear Wind shear poses a potential challenge, given the building's elevation. Due to the very small size of the MatrixSpace Radar the wind impact area is very small and less of a concern compared to other systems. However, to mitigate this, we will implement measures to ensure the stability and resilience of the radar structure against varying wind speeds up to 90 mph. 2.3.2 Trip and Fall Trip and fall hazards are also considered, with proper signage and safety barriers in place to prevent accidents. 2.3.3 Falling Debris Falling debris is another critical concern in this installation site. The elevated location increases the likelihood of objects being carried by the wind. A comprehensive assessment will be conducted to identify and address potential sources of falling debris, and protective measures such as screens, tethers or barriers will be installed to safeguard the radar equipment. 2.3.4 Shock and Fire Hazard The risk of shock and fire hazards is acknowledged, particularly in a location exposed to unpredictable weather conditions. Our installation will adhere to rigorous safety standards, incorporating fire-resistant materials and protective measures against electrical malfunctions. Additionally, proper grounding and insulation will be implemented to minimize the risk of shocks. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 8 2.3.5 Radiation Hazard Radiation hazard is a crucial consideration, and the installation will comply with all safety regulations and guidelines to ensure that any radiation emitted is within acceptable limits. Protective barriers and warning signs will be deployed to prevent unauthorized exposure as per regulation. 2.3.6 Restricted Access & Vandalism Vandalism is a potential threat, especially in an accessible location. Security measures, such as surveillance are in place to deter and prevent acts of vandalism. Restricted access protocols are already established to control entry and ensure that only authorized personnel have access to the installation. In summary, the safety assessment for this radar installation addresses wind shear, trip and fall risks, falling debris, shock and fire hazards, radiation exposure, vandalism, and restricted access. By implementing comprehensive safety measures, we aim to create a secure and resilient environment for the optimal functioning of our radar system. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 9 2.4 Installation - Overview In close cooperation with the Palm Springs PD a specific DFR Area of Interest was determined which includes known and expected operation areas for the program. 2.4.1 Satellite View Figure 2: Google Earth View of Four Seasons Palms Springs - Red Marker Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 10 2.4.2 DFR Operational Volume – Palm Springs City Limits Figure 3: Phase 2 – Four Seasons Palm Springs HOA (this document) 2.4.3 Site Address 3800 Four Seasons Blvd Palm Springs CA 92262 Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 11 2.4.4 Street/Curb View Figure 4: Proposed Installation Location Street View – Green Arrow 2.4.5 Rooftop View Figure 5: Roof top view – green arrow Other communication equipment is already present Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 12 Figure 6: The proposed installation site – rear facing - with minimal impact on curb appeal. View from roof top – not accessible by public Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 13 1.1.1 Mounting and Mechanical Installation Figure 7: Proposed installation location almost invisible from this point of view Figure 8: Proposed installation location invisible from this point of view Rendering for reference only Figure 9: Proposed installation location - not visible from main driveway Figure 10: Proposed installation location view from guest parking lot. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 14 Rendering for reference only Rendering for reference only – view from roof top – not accessible by the public Figure 11: Proposed installation location mostly obstructed by main entrance Figure 12: Proposed Installation location rear side of tower towards the roof for minimal visibility Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 15 2.4.6 Existing Infrastructure and Site Access Figure 13: Inside tower access Figure 14: Electronic junction box mounted inside tower. Power and data connections available Figure 15: Wire conduit through wall for existing antennae – similar to this proposal for comparison Figure 16: Pre-existing data connections Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 16 1.1.2 Proposed System Mounting: 4x Mounting screws to hold Radar Mast (outside) and Electronic Junction Box (inside) 1x Cable conduit through wall – similar to existing antenna cables Note: All wall penetrations will be seal with weatherproof compounds Figure 17: System mounting proposal – view from inside the tower. No roof penetration necessary Figure 18: System mounting proposal – outside view. No roof penetration necessary 4 Mounting holes (10mm) for antenna mast and electronic box 1 Cable conduit Inside tower wall for system mounting with minimal wall penetration – NO roof penetration necessary 4 Mounting holes (10 mm) for antenna mast and electronic box weatherproof seal 1 Cable conduit Outside tower wall for system mounting with minimal wall penetration – NO roof penetration necessary Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 17 1.1.3 Panoramic field of view Figure 19: Panoramic Field of View – ESE – Ideal for Palm Springs PD DFR operations 2.4.8 Visibility and Appeal from Street Level For reference - the actual size of the MatrixSpace Radar unit is illustrated in Figure 14. Due to the small size of the unit, it is not visible from street level and not a distraction from the appearance and street appeal of the city’s landmarks. Figure 20: MatrixSpace Radar Size Reference 2.5 MatrixSpace System Installation – Phased Approach 2.5.1 Phase 1 – System Site Evaluation and Planning (Completed) In the first phase the focus is on conducting a thorough assessment of the installation site. This involves evaluating environmental factors, safety considerations, and logistical requirements to ensure the optimal placement and functionality of the radar system. Simultaneously, comprehensive planning will take place to define the scope, timeline, and resource allocation for the subsequent phases. Duration: 8h: (Completed) - Installation site evaluation – DONE - Report generation – DONE (This report) Actual Size of the MatrixSpace Radar Unit Four of these units plus mounting HW is required. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 18 2.5.2 Phase 2 – System Installation This stage involves the physical deployment of the radar system based on the findings from the site evaluation and planning phase. Our installation team will meticulously execute the placement of equipment, secure all necessary connections, and ensure that the infrastructure aligns with safety and operational standards. Attention to detail during this phase is crucial to establishing a solid foundation for the system's functionality. Duration: 2 days: - Move all required equipment and tools to the rooftop/installation location. - Install MatrixSpace Radar Units, Auxiliary Units - Establish electrical and communications connections. - Review installation for completeness, correctness, and safety 2.5.3 Phase 3 – System Bring Up and Commissioning. This phase focuses on powering up the system and conducting initial tests to identify and address any potential issues. Rigorous debugging processes will be employed to ensure the system operates seamlessly, meeting performance expectations. Any anomalies or challenges encountered during this phase will be promptly addressed and resolved. Duration: 2 days: - Validate functionality and reliable operation using other data sources such as ADS-B as a reference. 2.5.4 Phase 4 – System Tuning and Field Validation. This involves fine-tuning the radar system to optimize its performance and accuracy enabling regulation compliant DFR operations. Calibration processes will be implemented to align the system with environmental conditions and ensure precise data collection. System parameters will be adjusted to achieve peak efficiency, providing reliable and accurate results. Duration: 2 days: - On request conduct real time flight testing and detection following a field validation test plan. 2.5.5 Phase 5 – System Maintenance System Maintenance is an ongoing commitment to preserving the longevity and functionality of the radar system. Regular maintenance checks, updates, and preventive measures will be implemented to address wear and tear, technological advancements, and evolving operational requirements. This phase aims to sustain the system's reliability and performance over its operational lifespan. Duration: 1-2 hrs (expected once per year) or when service ticket has been generated by the system. Each MatrixSpace Radar Unit sends an operating status message to the receiving entity in the form of a traffic light status message. o Status Green: Everything operational Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 19 o Status Amber: Diminished operation/performance  issue service ticket o Status Red: System not operational  issues repair ticket In addition, it is suggested to conduct a regular service interval including: - Visual inspection of all mechanical and electrical components - Cleaning, corrosion prevention, UV exposure prevention (painting if necessary) - Replace damaged components (Mechanical, Wind stress, UV damage etc.) - It is suggested to replace unprotected data and communication cabling when required. 2.6 Summary and Conclusion In conclusion, this study encapsulates the key facets of the MatrixSpace Airspace Surveillance Radar deployment plan for the city’s PD - Drone as First Responder Program. The document provides a comprehensive understanding of the radar system, its features, and its application within the specified program. Through meticulous consideration of topological factors, safety measures, and phased installation approaches, our plan aims to ensure the seamless integration of the radar system across the desired DFR Operational Volume. By addressing visibility, security, and infrastructure requirements, we strive to optimize the system's functionality while prioritizing long-term maintenance and reliability. This summary underscores our commitment to a strategic and thorough implementation, setting the stage for a successful collaboration between MatrixSpace and the local PD in advancing airspace awareness for public safety. 3.0 Next Steps We invite your team to engage in detailed discussions with us. This will help us fine-tune our proposal to fit the specific needs and preferences. Our experienced experts are ready to address any questions or concerns you might have during these conversations. Thank you for considering our proposal for safely conducting your operations. Our solution is built on the O-381 Appendix A calculation for Minimum Operational Performance Standards for Detect and Avoid systems. We look forward to the possibility of working together to make this project a reality and enhance the city's safety and security. 3.1 Action Items to be Completed Before Day of Installation 1. Building access permission a. Complete any required paperwork for the building owner/tenant prior to installation day b. Provide liability insurance if requested 2. Permission to access existing power a. Agree on power access and possible metering requirements 3. Permission to install data communication network independent from the Hotels infrastructure as requested during site evaluation. a. Install data communication access prior to installation day 4. Provide shipping address for the components of the installation. PD or tenant of the building per prior agreement. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 20 5. Permission to access the system for repair (unplanned) and/or maintenance (per pre-defined schedule). 6. Apply for FCC license and assure license has been granted before the system is transmitting Completed. 3.2 User FCC License Guide 3.2.1 FCC Licensing Requirement Under 47 CFR Part 87 The MatrixSpace MS01100 DopplerSpace Radar product has been granted an FCC license under 47 CFR Part 87, Aviation Services regulations as a radionavigation device FCC IDENTIFIER: 2BAC9MS0110001. Application waiver: - The FCC waives section 2.106, Table of Allocations, and sections 87.471 and 87.475 of the Commission’s rules to permit the operation of the Radar for radiolocation use. When operating radar equipment in the United States that's already approved by the FCC for sale and use, owners of the equipment must obtain an individual license from the FCC. This process involves navigating FCC regulations and procedures. MatrixSpace can provide a detailed guide to help you through the process of requesting an individual license. As a purchaser of this product, it is your responsibility to obtain an end-user FCC license for its use. Please ensure compliance by securing your license prior to operating this device. Contact Information: 800 Independence Ave SW Washington, DC 20591 ATTN: Donald Nellis, Spectrum Planning and International, AJW-192 donald.nellis@faa.gov 202-267-9779 4.0 Disclaimer This analysis report is provided for informational purposes only and is subject to various assumptions, which may change over time. The performance projections and recommendations contained herein should not be considered as a final proposal or a legally binding commitment. The results presented in this report are based on observations and data available at the time of its creation. Actual performance may vary based on changing conditions, unforeseen factors, and the specific physical environment in which the device is deployed. This document is intended to serve as a preliminary suggestion and starting point for further analysis. It is not a substitute for a comprehensive evaluation of all relevant factors and does not constitute a contractual agreement or obligation. Decisions and actions based on the information provided in this report should be made with careful consideration of the specific circumstances and requirements of your project. We recommend conducting additional due diligence, testing, and consultation with relevant experts and stakeholders to refine the analysis and proposals presented herein before making any final decisions. This report is offered as a guide and is not intended to replace professional advice or legal consultation. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 21 Your use of this report implies your acceptance of these disclaimers and understanding of its non-binding nature 5.0 Contact Information For questions, comments or concerns, please contact: David Cameron Field Service Engineer/Lead UAS Pilot david.cameron@matrixspace.com Rudi Hechfellner Site Surveyor and Report Author Dir. Of Product Management rudi.hechfellner@matrixspace.com Notices Confidentiality Notice This document is MatrixSpace Inc.'s proprietary and confidential information, which may not be distributed or disclosed to any third parties without the prior written consent of MatrixSpace Inc. This information is proprietary both to MatrixSpace and to MatrixSpace contracted manufacturers and suppliers. Legal Notice MatrixSpace takes no responsibility or legal liability for any use of our radar(s) system(s)/node(s) that is not the intended purpose of the solution. We also do not take on any liability for your associated operations while using this product. It is your responsibility to ensure you are following and adhering to all local governmental usage requirements when this product is being used. Please refer to the end user license governing your system.     Please follow all stated directions and guidelines in using this solution and perform all necessary recommended checks and tests prior to using this system as trained and reflected in this User Guide. For any questions, please reach out to MatrixSpace Support on support@matrixspace.com. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 22 Revision History Date Revision Remarks 11.20.24 Initial Draft HE © 2024 MatrixSpace, Inc. 145 South Bedford Road Suite 230 Burlington, Massachusetts 01801 All rights are reserved. Reproduction or transmission in whole or in part, in any form or by any means, electronic, mechanical or otherwise, is prohibited without the prior written consent of the copyright owner. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 23 Appendix A – Project Checklists A: Site Survey Checklist Task Status Notes Define the desired coverage area based on your surveillance objectives. Done Consider the required altitude range and distance from the radar unit. Conduct a thorough survey of the potential installation area, considering the following factors: Done Terrain and Obstructions: Examine the topography and identify any potential obstructions such as buildings, trees, or metal structures that could block radar signals. Done Some Palm trees and building obstructions, HVAC units and fans on the roof top Line of Sight: Ensure a clear line of sight between the radar antenna and the intended airspace to be monitored. Done Mostly clear line of sight Interference Sources: Identify and locate any potential sources of interference, such as radio transmitters or electronic equipment. Ambient Noise and Clutter: Assess the levels of ambient noise and clutter in the area, which can impact the radar’s performance. Done HVAC units and fans on the roof top Regulatory Considerations: Consult local aviation authorities and relevant governing bodies for any regulations or restrictions regarding radar installations. Ensure compliance with all applicable laws and safety guidelines. Accessibility and Security: Evaluate the site's accessibility for installation, maintenance, and repairs. Consider security measures to protect the radar system from unauthorized access or vandalism. Done Installation site accessible and secure Power and Network Connectivity: Confirm the availability of a stable power supply and network connectivity if required for data transmission or remote access. Done Power and network connectivity available Weather Conditions: Assess the prevailing weather conditions in the area, considering the potential impact of extreme weather events on the radar’s installation and performance. Done High temperatures in summer    Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 24 B: Radar Placement Checklist Task Status Notes Choose an installation location with stable ground to minimize vibrations and ensure the antenna's stability, especially in strong winds. Done Proposed installation location is a strong outer wall of the building with power and data near by If installing the radar at an elevated position, ensure the structure can support its weight and withstand environmental factors. Done The proposed installation location is a strong outer wall of the building Position the radar unit according to the desired azimuth and elevation angles to achieve the required coverage. The radar's boresight axis should be aligned with the center of the desired coverage area. Ensure a minimum of 10 degrees of horizontal Field of Regard (FoR) clearance from obstructions for optimal performance. For ground-mounted installations, it is recommended to pitch the radar 10 degrees upward to minimize ground reflections. When installing multiple radar units for 360-degree coverage, ensure their boresight axes are aligned to provide overlapping coverage. Maintain adequate Fresnel zone clearance to minimize signal blockage and maintain signal integrity. Refer to the Fresnel zone calculation formulas provided in the user manual. Establish safety zones around the radar installation to prevent unauthorized access and ensure the safety of personnel and the public. Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 25 Appendix B – FCC Permit and License Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337 Installation Outline [Four Seasons Palm Springs HOA] Proprietary 26 Docusign Envelope ID: 5E615D14-1C17-4CA6-8AF4-393CDBD1E337