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HomeMy WebLinkAboutF-3b - Request for Assignment of Redio Transmission Facilities License AgreementCity Council Agenda Item No F3 (b) CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER MARCH 25, 1991 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: REQUEST FOR ASSIGNMENT OF RADIO TRANSMISSION FACILITIES LICENSE AGREEMENT ACTION: If desired, approve Assignment of License Agreement from Ocean Broadcasting, Incorporated to Brentwood Communications, Limited Partnership. KOCM -FM maintains a transmitter and tower on City owned property pursuant to a License Agreement between the City and Ocean Broadcasting, Incorporated. From time to time, the City has been asked to approve the assignments of this Assignment as part of financial transactions involving the station or its owner. Ocean Broadcasting, Incorporated is transferring their interests in the radio station to Brentwood Communications and they have requested an assignment. The transaction has been approved by the Federal Communications Commission and is expected to close on March 29, 1991. It is recommended that the City Council approve the attached Assignment of License Agreement. Kenneth J. D lino KJD:mb ASSIGNMENT OF LICENSE AGREEMENT Ocean Broadcasting, Incorporated to Brentwood Communications, Limited Partnership -KOCM Radio Station Transmitter Site On this day of , 1991, the CITY OF NEWPORT BEACH, hereinafter referred to as "City "; OCEAN BROADCASTING, INCORPORATED, a wholly -owned subsidiary and nominee of Electra Financial Corporation, hereinafter referred to as "Ocean ", and BRENTWOOD COMMUNICATION, LIMITED PARTNERSHIP, hereinafter referred to as "Brentwood" enter into this Assignment of License Agreement: W ITHE5SETH: WHEREAS, City and Ocean are parties to a License Agreement effective November 1, 1980, utilizing a portion of the city - owned property on the south side of 16th Street, westerly of Monrovia Avenue, as a transmitting site, a copy of which is attached hereto and incorporated herein by this reference; and WHEREAS, Ocean has entered into an agreement with Brentwood for the sale of radio station KOCM: and WHEREAS, the City Council of the City of Newport Beach on March 25, 1991, adopted a Minute Order consenting to the transfer of said License Agreement from Ocean; and WHEREAS, the Federal Communications Commission has approved the sale and transfer of radio station KOCM to Brentwood and said sale and transfer are to be consummated on March 29, 1991, NOW, THEREFORE, THE PARTIES AGREE: 1. The License Agreement between City and Ocean effective November 1, 1980, is hereby assigned to Brentwood under the same terms and conditions of the License Agreement, not inconsistent herewith. IN WITNESS HEREOF, the parties hereto have executed this Assignment of License Agreement as of the day and year first above written. CITY OF NEWPORT BEACH Mayor ATTEST: City Clerk OCEAN BROADCASTING, INC. LZ Steven F. Udvar -Hazy Its President LA Its BRENTWOOD COMMUNICATIONS, LIMITED PARTNERSHIP M K,PRED AS TO FORM City Attorney Jack L. Siegal, President c -�o6s LICENSE, AGREEMENT THIS AGREEMENT, made and entered into this % v day of , 1980, by and between the CITY OF NEW- PORT BEACH, a municipal corporation, hereinafter referred to as "City," and HUTTON BROADCASTING, INC., a California corporation, hereinafter referred to as "Licensee "; WITNESSETH: WHEREAS, City is the owner of certain land on the south side of 16th Street westerly of Monrovia Avenue in the City of Newport Beach, County of orange, State of California, legally described as: The westerly 290 feet of Lot 1013, in the First Addition to Newport Mesa Tract, as per map recorded in Book 8, Page 61, of Miscellaneous Maps, Records of Orange County, which has improvements thereon consisting of water reservoirs, pumping stations and appurtenances; and WHEREAS, Licensee has. a license from the Federal Communica- tions Commission to operate an FM radio station, and presently maintains certain of its facilities, including a transmitter and tower, at said location, pursuant to a License Agreement with the City dated February 14, 1961, which has been subsequently amended; and WHEREAS, Licensee has entered into an agreement with Western Broadcasting Company for the sale of radio station KOCM, which is contingent upon approval by the Federal Communications Commis- sion; and WHEREAS, Licensee has requested that the City consent to the assignment of said License Agreement to Western Broadcasting Company to maintain the use of the radio transmitter, tower and studio, contingent upon the sale of radio station KOCM; and WHEREAS, City and Licensee wish to cancel said existing License Agreement and enter into a new License Agreement, NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. LICENSE GRANTED. City hereby grants to Licensee a permit and license to maintain and operate the existing 'radio transmitter within the City -owned building on said land, and to maintain the existing radio tower. Said tower shall not exceed Three Hundred Twenty (320) feet in height. Licensee shall not use the property for any purposes other than those stated above, or as hereinafter set forth, or expand or alter the existing facilities, without prior approval of the Newport Beach City Council. 2. TERM. The term of this License Agreement shall begin on November 1, 1980, and extend through October 31, 1997, subject to the terms of paragraph 9 relating to termination. 3. CONSIDERATION. In consideration of the license hereby granted, Licensee agrees to pay City the sum of Three Thousand Dollars ($3,000.00) per year, payable quarterly in advance, com- mencing November 1, 1980. Said consideration shall be subject to a percentage adjustment equivalent to the percentage change in the Department of Labor Consumer Price Index for the Los Angeles - Long Beach Region, or such other applicable successor consumer Page 2 price index as may then be in effect, on November. 1, 1985, on the basis of the change between November 1, 1980, and November 1, 1985; on November 1, 1990, on the basis of the change between November 1, 1985, and November 1, 1990; and on November 1, 1995, on the basis of the change between November 1, 1990 and November 1, 1995. 4. USE OF FACILITIES BY OTHERS. Licensee may allow a cablevision company to use its existing facilities on the City property. Licensee agrees to advise City of the charges it makes for such use of said facilities. 5. LIABILITY INSURANCE - HOLD HARMLESS. Licensee agrees to indemnify, defend and hold the City harmless from all demands, claims, liability or judgments or damages arising out of or resulting from injury or death to persons or damage to property, regardless of responsibility or negligence caused by, growing out of, or occurring in. connection with the use of said premises by Licensee or any other authorized user, or in the construction, maintenance, repair or removal of Licensee's facilities or equip- ment thereon. Licensee agrees to provide and maintain continuously in effect during the term of this Agreement, or during any extension thereof, public liability insurance with limits of $500,000 for injury or death or any one person and $1,000,000 for injuries or deaths for any one accident, and property damage insurance in the amount of $250,000. City shall be named as additional insured on such insurance policy or policies. Licensee shall file with the City a certificate of insurance evidencing the required coverage, and providing that such insurance coverage shall not be modified, canceled or permitted to lapse without 30 days' prior written notice thereof to City. Page 3 6. ASSIGNMENT. Licensee may not assign or transfer this license to any person, firm or corporation without the prior approval of the Newport Beach City Council, 7. UTILITIES AND TAXES. The 'City will provide water and sewer service to the City -owned building housing the KOCM trans - mitter,'twithout cost to the Licensee. Licensee shall be respon- sible for the payment of all other utility services used by it and for all taxes resulting from the use of said property, inclu- ding any possessory interest tax assessed by the County Assessor of Orange County. 8. MAINTENANCE OF FACILITIES. Licensee shall not add to or expand its existing facilities without first obtaining prior approval of the Newport Beach City Council. Licensee shall con- struct all facilities authorized by the City in compliance with applicable laws and ordinances and shall obtain all necessary permits therefor. Licensee shall maintain all facilities con- structed or used by it in good condition and repair and in accor- dance with all applicable regulations of the Federal Communica- tions Commission and the Federal Aviation Administration. The City will maintain the landscaping in front of the City -owned building housing the KOCM transmitter, without cost to the Licensee. 9. TERMINATION. Both parties reserve the right to termi- nate this License Agreement by giving the other written notice at least twelve (12) months ""Tin advance of the effective date of such termination; provided, if the City Council of Newport Beach determines that it is necessary for the City to use the land on which Licensee's facilities are located for a municipal purposes, the City will advise the Licensee in writing of the use or uses Page 4 which the City proposes to make of the property. Licensee shall then be allowed sixty (60) days in which to submit a written pro- posal showing a method or methods by which the property could be utilized by Licensee in a manner which is compatible with the proposed City uses. The City agrees that it will attempt to work out a mutually satisfactory plan for the joint use of the prop- erty which would allow Licensee to continue to maintain.its facilities thereon; provided, however, that if the parties are unable to agree upon a mutually satisfactory plan for such joint use within ninety (9'0) days after the date of the City's notice to the Licensee of the City's intent to utilize the property for a municipal purpose, the city may terminate said License Agree- ment by giving the Licensee twelve (12) months' prior written notice. Within thirty (30) days following the effective date of termination, the Licensee shall remove all of its installations, equipment and facilities from the City property. 1.0. This License Agreement shall have the effect of can- celing and superseding all previous license agreements and. Page 5 superseding all previous license agreements and amendments thereto between these parties. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: C' 0 J City V �, City for ney CITY OF NEWPORT BEACH A Municipal Corporation . f . 4. HUTTON BROADCASTING, INC A California Corporation By ( Its J'« "Lx- Its Page 6 CITY LICENSEE ASSIGNMENT OF LICENSE AGREEMENT (Hutton Broadcasting, Inc. to Western Broadcasting Company) On this / ��day of // iyy , 1960, the CITY OF NEWPORT BEACH, hereinafter referred to as "City," HOTTON BROADCASTING, INC., hereinafter referred to as "Hutton," and WESTERN BROADCASTING COMPANY, hereinafter referred to "Western," enter into this Assignment of License Agreement pursuant to the following terms: WITNESSETH: WHEREAS, City and Hutton entered into a License Agreement effective November 1, 1980, utilizing a portion of the City -owned property on the south side of 16th Street, westerly of Monrovia Avenue, as a transmitting site, a copy of which is attached hereto and incorporated herein by this reference; and WHEREAS, Hutton has entered into an agreement with Western for the sale of radio station KOCM; and WHEREAS, the City Council of the City of Newport Beach on October 27 , 1980, adopted Resolution No. 9914 consenting to the transfer of said License Agreement from Hutton contingent upon approval. by the Federal Communications Commis- sion; and WHEREAS, the Federal Communications Commission has approved the sale and transfer of radio station KOCM from Hutton to Western and said sale and transfer has been completed, Page 1 of 3 NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: 1. The License Agreement between City and Hutton, effective November 1, 1980, is hereby assigned to Western under the same terms and conditions of the License Agreement not inconsistent herewith. This Assignment does not extend or modify said License Agreement. 2, western accepts all the burdens and responsibilities of said License Agreement and agrees to perform them faithfully. IN WITNESS WHEREOF, the parties hereto have executed this Assignment of License Agreement as of the day and year first above written. ATTEST: City Clerk CITY OF NEWPORT BEACH Page 2 of 3 CITY MUMMER Page 2 of 3 CITY APPROVED JASTCity At HUTTON BROADCASTING, INC., Ilo aBy Its l/ Z By ,tJrfZt� 7t /?,/'ii - — Its grr_E ��k SraEN� HUTTON WESTERN BROADCASTING COMPANY By Its Executive Vice President By Its Vice r6eside,t Page 3 of 3 WESTERN Norval Stockness 685 East Ralston Avenue San Bernardino, CA 92404 (909)886 -6617 August 25, 1994 Jeff Staneart,P.E. Utilities Director P.O. Box 1768 Newport Beach, CA 92658 -8915 Subject: Draft Lease Agreement 949 West 16th Street, Newport Beach Below are revision notes of Draft Lease. Following each revision may have reasons notes if applicatable: A) Page two item III -A $2,000 be revised to $1,500 per month. Reason - 2,000 is a large increase from $317.50 per month. B) Page three item V - $40,000 be revised to 31, 000 - $5,000 be revised to $3,100 reasons - see attached Beryl Ferguson letter of July 18, 1994 which provided a copy for Jeff Staneart. Also note prepayments toward the above costs of $10,437. C) Page ten Ken Roberts be inserted instead of Mimi Klein. Please call me at 909 - 886 -6617. Thank you, Norval Stockness Controller cc: John Paoli Mimi Kl ein MEMORANDUM TO: MR. KEN ROBERTS FROM: BERYL FERGUSON DATE: JULY 18, 1991 RE: MEETING WITH THE CITY OF NEWPORT BEACH TO DISCUSS MODIFICATION OF TRANSMITTER SITE CHANGES. Met with Jeff Staneart, project director for the construction program in progress at our tower site to discuss the following items. Attending the meeting with me was Frank Martin. 1. The architectural design changes required to accomodate a two story building to house our transmitter and studio will cost $3,100.00. The city will bill us for this, however, we need to give them a go ahead as soon as possible. 2. After final designs have been approved for out two story building, the city will seek bids for the construction of said building. Preliminary estimates for this are running about $31,000.00 This cost is also to be born by KOCM. 3. The temporary trailer which is presently housing our transmitter, until the permanent facility is complete, will cost us about $200.00 per month, and will be invoiced by the city. 4. At the present time, Comcast Cable Co. is leasing space on the tower. This lease has been in effect since 10/1/83, however, it was without the City's knowledge or approval. Newport Beach wishes to renegotiate this lease, should Comcast wish to remain on the tower, and participate in a three -way lease. MEMO TO KEN ROBERTS CONTINUED... 5. Our present lease for the facility expires 10/31/97. Because of the improvements and increasing our space requirements from 660 sq. ft. to about 1300 sq. ft., the City wishes to begin negotiations on a new lease for the tower and transmitter facility. They've indicated the terms and conditions would be fair to both parties. Because of the timetable required for the architect and-construc- tion bids on the project, the City people would appreciate a prompt commitment to Item #1. Their preliminary plan for our part of the project is attached. A copy for the Comcast lease is also attached. B. Ferguson Enclosures cc: John McLaughlin Frank Martin Mimi Klein Jeff Staneart BF /ha