HomeMy WebLinkAbout10 - Radio Equipment on Sierra PeakJune 13, 2000
Council Agenda
Item No. 10
To: Mayor and Members of the City Council
From: Timothy Riley, Fire Chief
Subject: LICENSE AGREEMENT BETWEEN THE COUNTY OF ORANGE
AND THE METRO CITIES FIRE AUTHORITY TO OPERATE RADIO
EQUIPMENT ON SIERRA PEAK
RECOMMENDATION:
That the City Council, by motion, authorize City Manager Homer Bludau, the City of
Newport Beach Representative to the Metro Cities Fire Authority ( "Authority ") Board, to
approve the renewal of this License Agreement and future License Agreements between
the County of Orange and the Authority for communications equipment at Sierra Peak
Communications Facility.
DISCUSSION:
Metro Cities Fire Authority, formerly North Net Communications Center, has housed
equipment in the County of Orange communications facility at Sierra Peak since 1985.
The original license agreement was executed between the County of Orange,and the
North Net Communications Center. The license agreement was for ten (10) years and
expired November 1995. The County authored a renewal license agreement in 1995.
However, they did not complete the renewal process with the North Net Communications
Center due to the County's staffing limitations during the bankruptcy recovery.
The County has now rewritten the License Agreement between the County of Orange and
Metro Cities Fire Authority. The Agreement will be retroactive from November 30, 1995
and shall continue in effect until ten (10) years thereafter or until terminated by either
party. This is a standard license agreement for agencies that house communications
equipment in a County facility.
The Authority is funded by proportionate share contributions from each of its City
Members. The License Agreement with the County includes an indemnification clause
requiring the Authority to indemnify and defend the County against any damages that
may occur during the term of this License. The Authority Agreement provides that any
damages incurred by the Authority will be paid by its City Members. The chance that
damages will occur as the result of the License is minimal. However, should damages
occur, it is hard to predict the extent and cost of such damages. For this reason, and since
each Member City will have to fund payment of such damages, Legal Counsel for the
Authority has advised that each Member must receive authority by their City Councils to
indemnify the County.
The Sierra Peak License Agreement has been reviewed by the MCFA legal counsel, the
June 13, 2000
Council Agenda
Item No.
City of Anaheim City Attorney's Office, and has been approved as to form.
IMPACT ON THE BUDGET:
There is a $1,000 processing fee and an additional $600 annual fee for use of the
County's communications facility. Fees will be covered through the Metro Cities Fire
Authority Budget.
Project No: PM 1239 -5 -3 -2
2 Project Name: Metro Cities Fire Authority
Project Location: Sierra Peak
4
LICENSE
6 (Communications Agreement)
8 This License Agreement ( "License ") is made 19_, by and between
the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", and the METRO CITIES FIRE
10 AUTHORITY, hereinafter referred to as "LICENSEE ", without regard to number or gender.
12 1. DEFINITIONS (PML2.1S)
14 The following words in the License have the significance attached to them in this clause, unless
otherwise apparent from context:
16
"Sheriff' means the Sheriff of the County of Orange, or designee, or upon written notice to
18 LICENSEE, such person or entity as shall be designated by the Board of Supervisors.
20 "Communications Manager" means the Manager of Communications, Sheriff- Coroner, County of
Orange, or designee, or upon written notice to LICENSEE, such person or entity as shall be
22 designated by the Sheri ff- Coroner.
24 "Board of Supervisors" means the Board of Supervisors of the County of Orange, a political
subdivision of the State of California
26
2. TERM (PML3.1S)
28
The effective date ( "Effective Date ") of this License shall be retroactive from November 30, 1995
30 and shall continue in effect until ten (10) years thereafter or until terminated as provided in Clause 3
(TERMINATION) of this License, whichever first occurs. In no event shall the term of this License
32 surpass the length of term specified in any current or future special use permit or lease agreement for
the COUNTY's Sierra Peak communications facility ( "Facilit)") between COUNTY and the United
34 States Forest Service ( "USFS ").
36 3. TERMINATION (PML3.2S)
38 This License shall be revocable by either COUNTY or LICENSEE at any time upon forty -five (45)
days prior written notice from one party to the other.
40 -
In the event either party terminates this License, LICENSEE shall promptly remove LICENSEE's
42 Communication Equipment from the License Area and shall promptly take possession of and
remove said Communication Equipment from the Facility. LICENSEE agrees to leave License Area
44 in good condition and repair, normal wear and tear excepted.
46 4. TERMINATION OF PRIOR AGREEMENTS (PML12.1 S)
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It is mutually agreed that this License shall terminate and supersede any prior agreements between
2 the parties hereto covering all or any portion of the License Area. Notwithstanding the foregoing,
this provision shall not release Licensee from any obligations under any prior agreements to be
4 performed through the Effective Date of this Agreement or from any obligations of indemnification
based upon events occurring prior to the Effective Date of this Agreement.
6
5. LICENSE AREA (PML4.1N)
8
COUNTY grants to LICENSEE the right to use that certain property hereinafter referred to as
10 "License Area," shown on "Exhibit A ", Plot Plan, attached hereto and made a part hereof.
12 6. LICENSE SUBORDINATE TO SIERRA PEAK SPECIAL USE PERMIT WITH U.S.
FOREST SERVICE (N)
14
This License shall at all times be subordinate and subject to the provisions and requirements of that
16 certain Sierra Peak Special Use Permit dated May 19, 1992, between USFS and COUNTY relative
to the development, operation, and maintenance of the Facility, or any subsequent agreement
18 between said parties.
20 In the event USFS shall declare default under said Special Use Permit for action or inaction on the
part of LICENSEE, COUNTY shall have the right to cure any such default and invoice LICENSEE
22 for COUNTY's cost of said cure. LICENSEE shall reimburse COUNTY for such cost(s) within
thirty (30) days after receipt of said invoice.
24
Nothing contained in this License or in any document related hereto shall be construed to imply the
26 conveyance to LICENSEE of rights in the License Area, which exceed those owned by COUNTY.
28 7. USE (PML 5.1N)
30 LICENSEE shall have the right to install, remove, operate, maintain and repair its communications
equipment ( "Communication Equipment ") as described in "Exhibit B ", Description of Licensee's
32 Equipment, attached hereto and made a part hereof.
34 Throughout the term of this License and at all times, COUNTY shall have the right, at COUNTY's
sole discretion, to determine the specific location of LICENSEE's Communication Equipment
36 within the License Area. In the event COUNTY determines that LICENSEE's Communication
Equipment must be relocated within the License Area, LICENSEE shall relocate said
38 Communication Equipment at LICENSEE's sole cost.
40 LICENSEE shall use the License Area in such a manner so as not to interfere with the COUNTY's
use of or equipment at the Facility or with the use by or equipment of COUNTY's other licensees at
42 said Facility.
44 LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any
other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to -
46 be conducted any public or private nuisance in, on, or from the License Area, nor to commit or
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permit to be committed waste on the License Area, and to comply with all governmental laws and
2 regulations in connection with its use thereof.
4 8. USE FEE (PML6.1N)
6 LICENSEE agrees to pay COUNTY from and after the Effective Date of this License the sum of Six
Hundred Dollars ($600) per year as an annual use fee ( "Use Fee ") for the use of the License Area.
8 Use Fee shall be payable annually in advance within thirty (30) days after receipt of invoice
provided by COUNTY. LICENSEE shall be provided with said invoice within sixty (60) days prior
10 to the anniversary of the Effective Date of this License. LICENSEE shall pay the Use Fee while this
License is in effect, without deduction or offset, in lawful money of the United States.
12
In the event the obligation to pay the Use Fee terminates on a day other than the anniversary of the
14 Effective Date of the License, the Use Fee shall be prorated to reflect the actual period of use on the
basis of a 360 -day year.
16
The Use Fee is in accordance with the fee schedule ( "Fee Schedule ") set forth in "Exhibit C", Fee
18 Schedule, attached hereto and made a part hereof. The Board of Supervisors may from time to time
revise and/or amend all or part of the Fee Schedule, including adding charges for use of COUNTY's
20 microwave network. If the Board of Supervisors revises or amends the Fee Schedule, LICENSEE's
Use Fee amount shall be automatically adjusted per the new Fee Schedule as of the date of approval
22 of the new Fee Schedule by the Board of Supervisors. Upon approval of the new Fee Schedule,
COUNTY will provide LICENSEE with a notice of adjustment to LICENSEE's Use Fee according
24 to the Board of Supervisors approved new Fee Schedule, and a copy of the Board item referencing
approval of said new Fee Schedule.
26
LICENSEE shall be invoiced for any increased Use Fee amount prorated from the date of Board of
28 Supervisors approval of the new Fee Schedule. LICENSEE shall be credited for any decrease in the
Use Fee amount prorated from the date of said approval and said credit shall be applied on the
30 invoice Licensee receives within sixty (60) days prior to the following anniversary of the
commencement date of this License.
32
9. PROCESSING FEE (PML6.3S)
34
Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a processing fee of
36 $1,000 for issuance of the License. Said processing fee is deemed earned by COUNTY and is not
refundable. COUNTY shall provide LICENSEE with an invoice for said processing fee and
38 LICENSEE shall promptly pay the total processing fee amount within thirty (30) days after receipt
of invoice.
40
42 10. PAYMENT PROCEDURE (PML7.1S)
44 All payments pursuant to this License shall be delivered to the County of Orange, Sheriff/Financial,
320 North Flower Street, Suite 108, Santa Ana California, 92703, Attention: Accounting. COUNTY -
46 may change the designated place of payment at any time upon ten (10) days written notice to
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LICENSEE. All payments may be made by check payable to the County of Orange. LICENSEE
assumes risk of loss if payments are made by mail.
No payment by LICENSEE or receipt by COUNTY of an amount less than the payment due shall be
deemed to be other than on account of the payment due, nor shall any endorsement or statement on
any check or any letter accompanying any check or payment as payment be deemed an accord and
satisfaction, and COUNTY shall accept such check or payment without prejudice to COUNTY's
rigl3t to recover the balance of said payment or pursue any other remedy in this License, or by law.
11. CHARGE FOR LATE PAYMENT (PML7.2S)
LICENSEE hereby acknowledges that the late payment of sums due hereunder will cause COUNTY
to incur costs not contemplated by this License, the exact amount of which will be extremely
difficult to ascertain. Such costs include but are not limited to costs such as administrative
processing of delinquent notices, increased accounting costs, etc.
Accordingly, if any payment pursuant to the License is not received by COUNTY by the due date, a
late charge of 1.5% of the payment due and unpaid, plus $100 shall be added to the payment, and the
total sum shall become immediately due and payable to COUNTY. An additional charge of 1.5% of
said payment, excluding late charges, shall be added for each additional month that said payment
remains unpaid.
LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable
estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment.
Acceptance of such late charge (and/or any portion of the overdue payment) by COUNTY shall in
no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or
prevent COUNTY from exercising any other rights and remedies granted hereunder.
12. SERVICES CHARGES (N)
Due to safety, health, or other reasons, COUNTY may find it necessary to perform labor on
LICENSEE -owned stationary Communications Equipment within the License Area. In such
instances, COUNTY shall charge LICENSEE for such labor on an hourly basis according to rates
approved by the Board of Supervisors, including administrative costs, and shall charge LICENSEE
for the cost of all parts required plus ten percent (10 %) of said cost of all parts.
13. UTILITIES (PML9.1S)
COUNTY shall be responsible for and pay all charges for utilities used by LICENSEE in the
operation of LICENSEE's Communication Equipment within the License Area.
14. MAXIMUM PERMISSIBLE EXPOSURE TO RADIOFREQUENCY EMISSIONS (1)
LICENSEE warrants that the radiofrequency emissions exposure of LICENSEE's Communication
Equipment installed and operated at the Facility per the terms of this License shall at all times be
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equal to or less than the Federal Communication Commission's Guidelines for Human Exposure to
Radiofrequency Emissions ( "Guidelines ").
LICENSEE agrees to indemnify, defend, and save harmless COUNTY, its officers, agents, and
employees from and against any and all claims, demands, losses, or liabilities of any kind or nature,
which COUNTY, its officers, agents, and employees may sustain or incur or which may be imposed
upon them for injury to or death of persons, or damage to property as a result of, or arising out of
radllofrequency emissions exposure in connection with LICENSEE's ownership, use, operation,
maintenance, repair, change, alteration, adjustment, relocation of, or addition to LICENSEE's
Communications Equipment.
In the event COUNTY determines that the aggregate radiofrequency emissions emitting from the
Facility are above the acceptable levels per the Guidelines, then the COUNTY shall have the right to
require LICENSEE to modify or remove LICENSEE's Communications Equipment at LICENSEE's
sole cost within sixty (60) days following a written request from COUNTY.
15. ACCESS (N)
Access to the License Area shall not be permitted at any time without proper escort by
Communications Manager. LICENSEE shall pay COUNTY an escort fee ( "Escort Fee ") at the
Board of Supervisor's approved hourly rate for time spent by COUNTY in providing said escort.
COUNTY shall provide LICENSEE with an invoice for Escort Fee and LICENSEE shall pay
COUNTY within thirty (30) days after receipt of said invoice.
LICENSEE shall provide COUNTY with 24 -hour verbal or written notice prior to date and time
LICENSEE desires to access License Area. Voice -mail or other form of voice - recorded message
shall not be considered prior notice.
16. ANTENNA TOWER REPAIR AND MAINTENANCE (N)
All Licensee - requested work on COUNTY's antenna tower, including but not limited to repair,
maintenance, alteration, adjustment, installation, removal, or relocation of LICENSEE's radio
antennas or other tower - mounted equipment ( "Tower Work ") shall be performed at LICENSEE's
sole cost by the service company ( "Contractor ") under contract to COUNTY.
No Tower Work shall be performed without twenty -four (24) hour prior written or verbal notice to
COUNTY. Voice -mail or other form of recorded message shall not be considered prior notice.
Additionally, COUNTY shall provide an escort at all times during and at every instance of
LICENSEE - required Tower Work. LICENSEE agrees to reimburse COUNTY at the Board of
Supervisors approved hourly rate for COUNTY's cost of said escort. LICENSEE shall be invoiced
for said escort charges and agrees to reimburse COUNTY in full within thirty (30) days after receipt
of said invoice.
Upon completion of Tower Work performed by Contractor, LICENSEE shall be invoiced directly by
Contractor and shall directly pay Contractor for all work performed on tower at the request of
LICENSEE. Failure to pay Contractor shall constitute default of LICENSEE under this License.
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COUNTY shall not be liable for payment of charges incurred by LICENSEE regarding work
completed by Contractor at the request of LICENSEE.
17. OPERATION AND MAINTENANCE (IS)
A. Operation — The operation of LICENSEE's equipment shall be in accordance with all
applicable rules and regulations of the Federal Communications Commission and any deviation
`-therefrom shall be cause for COUNTY to demand that LICENSEE cease the deviation
immediately.
Should the operation of LICENSEE's communications equipment, in the opinion of
Communications Manager, interfere with the operation of COUNTY's communications
equipment or any other equipment installed at Facility, upon verbal notice by COUNTY
LICENSEE shall immediately eliminate said interference in a manner acceptable to
Communications Manager.
In the event LICENSEE does not eliminate said interference, Communications Manager retains
the right, at Communications Manager option, to remove or modify LICENSEE's
Communications Equipment and LICENSEE shall, upon written demand by Communications
Manager, pay the cost thereof incurred by COUNTY within thirty (30) days after receipt of said
written demand.
B. Maintenance — COUNTY shall repair and maintain LICENSEE's Communications
Equipment per the terms of that certain Communications Agreement, dated October 25, 1988,
between COUNTY and LICENSEE, or any subsequent agreement between said parties. In the
event LICENSEE requires Tower Work, Clause 16 (ANTENNA TOWER REPAIR AND
MAINTENANCE) shall apply in whole.
18. INSURANCE (PML10.1S)
LICENSEE shall maintain self - insurance, commercial insurance, or a blend of both, acceptable to
Communications Manager in full force and effect throughout the term of this License. The policy or
policies of insurance maintained by LICENSEE shall provide the following limits and coverage:
LIABILITY INSURANCE
Coverage
Comprehensive General Liability, to
include broad form property damage.
Minimum Limits
$1,000,000 combined single limit
Insurance shall be in force the first day of the teen of this License. Each insurance policy required
by this License shall contain the following three clauses:
A. "This insurance shall not be cancelled, limited in scope of coverage or non - renewable until after
no less than thirty (30) days written notice has been given to the Communications Manager, County
of Orange, Orange County Sheriff Department/Communications, 840 N. Eckhoff Street, Suite 104, -
Orange, CA 92868 - 1021."
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B. "County of Orange and United States Forest Service are added as an insured as respects
operations of the named insured at or from the License Area occupied and used by the named
insured pursuant to that certain License issued by the County of Orange."
C. "It is agreed that any insurance maintained by the County of Orange and/or the United States
Forest Service will apply in excess of, and not contribute with, insurance provided by this policy."
LICENSEE agrees to deposit with Communications Manager, before the Effective Date of this
License, certificates of insurance and endorsements necessary to satisfy the Communications
Manager that the insurance provisions of this License have been complied with and to keep such
insurance in effect and the certificates therefore on deposit with the Communications Manager
during the entire term of this License.
LICENSEE may elect to self -insure for this License provided such self - insurance meets or exceeds
all provisions of this Clause (INSURANCE) throughout the term of this License and is in a form
acceptable to the Communications Manager.
THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME LICENSEE'S
INSURANCE COVERAGE IS TERMINATED. IF, WITHIN 10 DAYS AFTER TERMINATION
UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES EVIDENCE OF THE
REQUIRED INSURANCE COVERAGE ACCEPTABLE TO COMMUNICATIONS MANAGER,
THIS LICENSE MAY BE REINSTATED AT THE SOLE DISCRETION OF
COMMUNICATIONS MANAGER. IF REINSTATED, LICENSEE SHALL PROMPTLY PAY
$500 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY.
LICENSEE agrees that LICENSEE shall not operate on the License Area if, at any time, the required
insurance is not in full force and effect as evidenced by a certificate of official binder or a certificate
of self - insurance being in the possession of Communications Manager. In no cases shall assurances
by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate
evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of
LICENSEE's insurance, COUNTY may take whatever steps are necessary to interrupt any operation
from or on the License Area until such time as the Communications Manager reinstates the License.
LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such
interruption of business including but not limited to damages resulting from any loss of income or
business resulting from COUNTY's action.
Communications Manager shall have the right at any time to review the coverage, form, and amount
of the insurance required hereby. If, in the opinion of Communications Manager, insurance
provisions in this License do not provide adequate protection for COUNTY and for members of the
public using the License Area, Communications Manager may require LICENSEE to obtain
insurance sufficient in coverage, form, and amount to provide adequate protection from and against
the kind and extent of the risks which exist at the time a change in insurance is required.
The procuring of such required policy or policies of insurance shall not be construed to limit
L ICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions and
requirements.
19. AUTHORITY (N)
Each person executing this License on behalf of LICENSEE does hereby covenant and warrant that -
(a) LICENSEE is a municipal corporation and validly exists under the laws of tlie State of
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California; (b) LICENSEE has full right and authority to enter into this License; and (c) each person
signing this License on behalf of LICENSEE is duly authorized to do so.
20. NOTICES (PML 1415)
All notices pursuant to this License shall be addressed as set forth below or as either party may
hereafter designate by written notice and shall be sent through the United States mail and duly
registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as
aforesaid, the same shall be deemed served or delivered 24 hours after mailing thereof as above
provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by
personal delivery or by regular mail and any such notice given shall be deemed to have been given
upon receipt.
COUNTY
Sheriff - Coroner
Communications Division
840 N. Eckhoff St., Suite 104
Orange, CA 92868 -1021
Telephone - (714)704 -7900
Fax: (714) 704-7902
Attn: Communications Manager
21. ATTACHMENTS TO LICENSE (PML15.1S)
LICENSEE
Metro Cities Fire Authority
Metro Net Communications
201 S. Anaheim Blvd., Suite 302
Anaheim, CA 92805
Telephone: (714) 765 -4077
Attn: Communications Manager
This License includes the following, which are attached hereto and made a part hereof:
I. GENERAL CONDITIONS
II. EXHIBITS
Exhibit A — Plot Plan
Exhibit B — Description of Licensee's Equipment
Exhibit C — Fee Schedule (General)
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IN WITNESS WHEREOF, the parties have executed this License as of the day and year first written
above.
COUNTY LICENSEE
APPROVED AS TO FORM: METRO CITIES FIRE AUTHORITY
Laurence M. Watson
County Counsel
By:
Deputy
Date:
RECOMMENDED FOR APPROVAL:
Sheriff - Coroner
Real Estate
By:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD OF
SUPERVISORS
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
COUNTY OF ORANGE
go
Chairman, Board of Supervisors
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I. GENERAL CONDITIONS (PMLG1 -15S)
2
1. PERMITS AND LICENSES (PMLGI S)
4
LICENSEE shall be required to obtain any and all permits and /or licenses, which may
6 be required in connection with the operation of the License Area as, set out herein. No
permit, approval, or consent given hereunder by COUNTY, in its governmental
8 capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any
approvals or consents given by COUNTY, as a party to this License, be deemed
10 approval as to compliance or conformance with applicable governmental codes, laws,
rules, or regulations.
12
2. SIGNS (PMLG2 S)
14
LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc.,
16 upon License Area except as approved by Communications Manager. Unapproved
signs, banners, flags, etc., may be removed.
18
3. LICENSE ORGANIZATION (PMLG3 S)
20
The various headings and numbers herein, the grouping of provisions of this License
22 into separate clauses and paragraphs, and the organization hereof, are for the purpose
of convenience only and shall not be considered otherwise.
24
4. AMENDMENTS (PMLG4 S)
26
This License is the sole and only agreement between the parties regarding the subject
28 matter hereof, other agreements, either oral or written, are void. Any changes to this
License shall be in writing and shall be properly executed by both parties.
30
5. UNLAWFUL USE (PMLGS S)
32
LICENSEE agrees no improvements shall be erected, placed upon, operated, nor
34 maintained on the License Area, nor any business conducted or carried on therein or
therefrom, in violation of the terms of this License, or of any regulation, order of law,
36 statute, bylaw, or ordinance of a governmental agency having jurisdiction.
38 6. INSPECTION (PMLG6 S)
40 COUNTY or its authorized representative shall have the right at all reasonable times to
inspect the operation to determine if the provisions of this License are being complied
42 with.
44
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7. INDEMNIFICATION (PMLG7 S)
LICENSEE hereby waives all claims and recourse against COUNTY including the right
of contribution for loss or damage to persons or property arising from, growing out of,
or in any way connected with or related to this License except claims arising from the
concurrent active or sole negligence of COUNTY, its officers, agents, and employees.
LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its
officers, agents, and employees against any and all claims, loss, demands, damages,
cost, expenses, or liability costs arising out of the operation, use, or maintenance of the
property described herein, and/or LICENSEE's exercise of the rights under this
License, except for liability arising out of the concurrent active or sole negligence of
COUNTY, its officers, agents, or employees, including the cost of defense of any
lawsuit arising therefrom.
In the event COUNTY is named as a defendant with LICENSEE in a legal action as-
described in the preceding sentence, LICENSEE shall notify COUNTY of such fact and
shall represent COUNTY in such legal action unless COUNTY undertakes to represent
itself as a defendant in such legal action, in which event LICENSEE shall pay to
COUNTY its reasonable litigation costs, expenses, and attorney's fees. In the event
judgment is entered against COUNTY and LICENSEE because of the concurrent active
negligence of COUNTY and LICENSEE or their respective officers, agents, or
employees, an apportionment of liability to pay such judgment shall be made by a court
of competent jurisdiction. Neither party shall request a jury apportionment.
8. TAXES AND ASSESSMENTS (PMLG8 S)
Although not anticipated, should this License create a possessory interest which is
subject to the payment of taxes levied on such interest, it is understood and agreed that
all taxes and assessments (including but not limited to said possessory interest tax)
which become due and payable in connection with this License or upon fixtures,
equipment, or other property used in connection with this License, shall be the full
responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to
be paid promptly.
1 9. PARTIAL INVALIDITY (PMLG9 S)
If any term, covenant, condition, or provision of this License is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
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10. WAIVER OF RIGHTS (PMLG10 S)
2
The failure of COUNTY to insist upon strict performance of any of the terms,
4 covenants, or conditions of this License shall not be deemed a waiver of any right or
remedy that COUNTY may have, and shall not be deemed a waiver of the right to
6 require strict performance of all the terms, covenants, and conditions of the License
thereafter, nor a waiver of any remedy for the subsequent breach or default of any
8 terra, covenant, or condition of the License. Any waiver, in order to be effective, must
be signed by the party whose right or remedy is being waived.
10
11. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG12 S)
12
Except as otherwise agreed to herein, upon termination of this License, LICENSEE
14 shall redeliver possession of said License Area to COUNTY in substantially the same
condition that existed immediately prior to LICENSEE's entry thereon, reasonable
16 wear and tear, flood, earthquakes, war, and any act of war excepted.
18 12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S)
20 If LICENSEE abandons the License Area or is dispossessed thereof by process of law
or otherwise, title to any personal property belonging to LICENSEE and left on the
22 License Area 10 days after such event shall be deemed, at COUNTY's option, to have
been transferred to COUNTY. COUNTY shall have the right to remove and to dispose
24 of such property without liability therefor to LICENSEE or to any person claiming
under LICENSEE, and shall have no need to account therefor.
26
13. TIME OF ESSENCE (PMLG14 S)
28
Time is of the essence of this License. Failure to comply with any time requirements of
30 this License shall constitute a material breach of this License.
32 14. NO ASSIGNMENT (PMLG15 S)
34 The License granted hereby is personal to LICENSEE and any assignment of said
license by LICENSEE, voluntarily or by operation of law, shall automatically terminate
36 the License granted hereby.
38
40
IcSRanahGC
6122199: 9:15 AM
Page 3 of 3
PM 1239 -5 -3 -2 Sierra Peak
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Site Plan
Building
License
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Location Map
PLOT PLAN
City of Anaheim P p ad` Ray WGJ1° COUNTY OF ORANGE
Sierra Peak mom:
File No.: GA 1239 -5 -3 -2 O.C.S.D. /COMMUNICATIONS
SHERIFF /COMMUNICATIONS EXHIBIT A cam 11/6/1998
1S
COUNTY OF ORANGE - SIERRA PEAK
DESCRIPTION OF LICENSEE'S EQUIPMENT
Transmitter Receiver
FCC Call Sign
WNFH922
SAME
Model Number
C55WNB0107B
SAME
Serial Number
488CNN1002
609CNN0002
RF Frequency (MHz)
855.4652
810.4652
Tone Frequency (Hz)
N/A
N/A
Burst or Continuous Tone
N/A
N/A
Power Output (Watts)
45
N/A
ERP (Watts)
171
N/A
Type of Cavity
DUPLEXER PASS-
REJECT
SAME
Model No. of Cavity
DECIBEL -D3142
SERIAL # DB4345
TDN6914A
Type of Antenna
PANEL
DIRECTIONAL
SAME
Model of Antenna
PD10085
SAME
Gain of Antenna (dBd)
10Db
SAME
Direction of Radiation ( °T)
2650
SAME
Diameter.or Length of Antenna (ft.)
V x 2'
SAME
Type and Model of Feed Line
7/8" ANDREW LDF
SAME
Rack Space Required (Vertical In.)
7'
SAME
Owner of Equipment: Metro - Cities Fire Authority in Anaheim City Hall West
1 .4. 1:
EQSRANAH: PM 1239 -5 -3 -2 Page 1 of 1
1(.6
FEE SCHEDULE (GENERAL)
One Rack Space (2' x 2' floor space x Th' high) $1,200 /year
(Mounting space for two UHF /VHF Antennas
is included in the charge for a rack space)
Partial Rack Space (2' x 2" floor space) $ 160 per vertical foot/year
rt
Space for Battery Chargers, Batteries, Cavities, etc. $ 300 per square foot/year
(If this equipment occupies space that would normally
be used as radio floor space, the charge will then be
for rack space)
Microwave Antenna Surcharge /per antenna $ 300 /year
UHF /VHF Antenna Surcharge $ 150 /year
(This will be charged if more than two antennas
are installed per rack space)
FEESCHDU EIH WIT C
II