HomeMy WebLinkAboutKOCM Radio StationsACM RADIO STATION
Koc
1. Success Broadcasting Co. - 8/1966
2. Hutton Broadcasting Co. - 12/1978 -
3. Western Western Broadcasting Co. - 10/1980 - Seer
4. Donrey Media Group
5. )ii3}eia Gaptta� B�oa�castiitg Cir. - 111987
(agreement never signed)
5. Electra Financial Corporation - 6/1987
(Ocean Broadcasting, Inc -, wholly- owned.subsidiary and nominee of Electra)
6. Brentwood Communications - 3/25/1991
C
:7
TO:
FROM:
SUBJECT:
0
City Council Agenda
Item No F3 (b)
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
MARCH 259 1991
MAYOR AND CITY COUNCIL
DEPUTY CITY MANAGER
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
"r,Q ? 51991
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.
KJD:mb
Kenneth J. lino
ASSIGNMENT OF LICENSE AGREEMENT
Ocean Broadcasting, Incorporated to
Brentwood Communications, Limited
Partnership -KOCM Radio Station
Transmitter Site
On this /!I 1h 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
COMMUNICATIONS, LIMITED PARTNERSHIP, hereinafter referred to as
"Brentwood" enter into this Assignment of License Agreement:
WITNESS.ETH:
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 or about April 18, 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.
ATTEST:
APPROVED AS TO FORM
CITY OF NEWPORT BEACH
By
Mayor
OCEAN BROADCASTING, INC.
e _
Its President
Its
BRENTWOOD COMMUNICATIONS,
LIMITED PARTNERSHIP
By
Ken R66erts, General Partner
3099 Mandeville Canyon Rd.
Los Angeles, CA 90049
ASSIGNMENT OF
LICENSE AGREEMENT
(Hutton Broadcasting, Inc. to
Western Broadcasting Company)
On this / i "day of >' 1980, the
CITY OF NEWPORT BEACH, hereina ter referred to as "City," HUTTON
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
_W _0 14
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:
A./ O
City Clerk
CITY OF NEWPORT BEACH
OQU /
•i
Page 2 of 3
CITY
E
D AS„ TQ„FORM:
ty Attorney
HUTTON BROADCASTING, INC.,
Lm
Its
Its Jzz, C %� storm r
WESTERN BROADCASTING COMPANY
By
Its Executive Vice President
By
Its Vice r6esident
Page 3 of 3
HUTTON
WESTERN
•
LICENSE AGREEMENT
40
(' 6E
THIS AGREEMENT, made and entered into this f u day of
yti , 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
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, without 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 in 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 (90) 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.
10. 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:
City torney
CITY OF NEWPORT BEACH
A Municipal Corporation
HUTTON BROADCASTING, INC.,
A California Corporation
By l?
Its J�u
By " "L ;ez' a'/�
Its [//'- 6- P /Wf'S /D &—•J
Page 6
CITY
LICENSEE
0
ESTOPPEL CERTIFICATE
Re: 16th Street westerly of Monrovia Avenue, Newport Beach,
California
The undersigned of the City of Newport Beach
( "Licensor "), does hereby certify as of the date hereof, the
following:
1 Licensor is the licensor under that certain
License Agreement ( "License ") between Licensor and
Hutton Broadcasting, Inc. dated November 19, 1980
(the "License "), whereby Licensor granted to
Hutton certain rights pertaining to the
installation, maintenance and operation of a radio
transmitter and tower located at the address
written above (the "Premises "), as more
particularly described in the License.
2. The License was validly assigned to Ocean
Broadcasting, Inc. ( "Licensee ") and Licensee is
currently in possession of and uses the Premises
under the terms of the License.
3. The License is in full force and effect, has not
been modified or revised (either in writing or
orally) other than as indicated above, and
constitutes the complete agreement between
Licensor and Licensee with respect to the
Premises.
The original term of the License commenced on
November 1 1980 , and will expire. on
October 31 1997 Licensee has no ( -0 -)
option(s) to extend the original term of the
License for a period of -- ( -- ) years,
with such option to be exercised by giving notice
to Licensor at least -- ( ) days
prior to the expiration of the original term.
5. The monthly fee under the License is $ 400.67
All fees, charges or other payments due Licensor
under the License have been paid through
September 30 , 199 0 , and Licensee has not
prepaid any rent or other charges under the
License. (Fees of $2875.76 are due and owing.)
W \WF50 \roberts \estop.cty 1 04 /03/91 3:15pm
6. To the best of Licensor "s knowledge, Licensee has
no claims, counterclaims, defenses or set -offs
against Licensor arising from the License, nor is
Licensee entitled to any concession, rebate or
allowance for any period after this Certificate
except as follows:
7. Neither Licensor nor, to the best of Licensor's
knowledge, Licensee is in default under any terms
of the License, nor has any event occurred, which
with the passage of time or notice, would become
an event of default under the License. Licensor
does not have any knowledge of any facts or
circumstances which would permit Licensor to
terminate the License.
8. To the best of Licensor's knowledge, Licensee has
not assigned its rights under the License to any
other person, except as follows:
FA
Notices to Licensor should be sent to:
10. If Licensor is a corporation or municipality, the
undersigned has full power to execute this
Agreement and authority to bind said corporation
or municipality.
IN WITNESS WHEREOF, the undersigned has executed this
Estoppel Certificate on the 16th day of April, 1991.
CITY OF NEWPORT BEACH
t
By: 1 w, L•__
Its: -City manager
u \W50 \roberts \estop.cty 2 04/03/91 2:51pm
FM 103.1
THE BEST OF ORANGE COUNTY
/ I 730 NEWPORT CENTER DRIVE •SUITE 270 •NEWPORT BEACH, CALIFORNIA 92660'• 71417274031
DECEIVED
=a MAR 19 1991
',
City CLERK
March 12, 1991 NEWPORT BEACH
Mr. Ken Delino
Deputy City Manager
City Hall
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Delino:
As requested, here is a copy of the FCC Form #314 as filed
with the Commission. Also attached herewith is a copy of
the FCC Grant of Approval showing that this application
has been Accepted and Approved.
Thank you very much for your great assistance in arranging
for the Consent of Assignment of our Transmitter Lease
from Ocean Broadcasting to Brentwood Communications.
If any further information is required, please don't hesitate
to contact us.
Sincerely,
X41�Jj���,
Marge Freeman
Business Manager
Enclosures
C%)mmuai :n Use Only
4' '" United States of America Approved by OME1
FHe NO. 3060.0031
Federal. Communications Commission Expires 5 i :G r' ? 9
Washington, D.C. 20334
APPLICATION FOR CONSENT TO ASSIGNMENT OF BROADCAST STATION CONSTRUCTION PERMIT OR LICENSE
(C mful %.road Instructions oMoro NlHnp outman— RETURN ONLY FORM TO FCC)
See"" I GENERAL INFORMATION
Fart 1— Aeelgnm
1. Name at Assignor Ocean Broadcasting, Inc.
Str*W Addresses City
11 ,3,0, ,N,e,w,p,o,r,t, ,C,e,n,t,e,r, A r i v e, 1N ,e ,w p ,o r t Beach 1
state 270 Code. Telephone No.
W 19,2.6,6,01 1619..8,21
tlnowde area oodel ( 714) 721- 1031.
& Authorintlen which is proposstl to be "signed
(a) Can lethn KOCM (FM) Location Newport Beach, CA
(b) Has ten station commenced its initial program tests within the past twelve months? C yes xko
If yes, was the initial construction permit granted after comparative hearing? NA ❑ YES ::,%o
If yes, attach as Exhibit No. the showing required by Section 73.3597.
3. Call lISU so fanyRemote Plea110, M, SCA, mothmatationswhicharetob efil"ned: WHS -579 -- 947.8750
948.1250
4. Is" Information shown In WlpneWs OwrwW p Repots IF= Farm = or3=140 now on file with the Commission true and correct as Of
thlsdatsl XMXYES C NO
If No. adaels w Eah M N0. an ownership Report supplying full and up•to4ats Informetlon.
S. Atteail a Exhibit N0. 1 as eoplf of the contract or agreement to "align the prop" and hdNSee of the station. it there is on an
orM agreement. reduce the terms to writing and straeh.
fL Std In EshlbN Ha. 2 whatlter the aaatgnm, or any pwbtm, otf er. dlractor. member of the aaalgnor -a governing t!owo or any
aMCa7WtdM owning 10% or mom of the "sight's stock: (a) have any interest In or connection with an AM, FM or television broaac8st
aWlon; mabrtla4CbtAppgGtlM Pending be" this FCC; m(b) rise had any Interest In or Connection with any dismissed andI or oen-so
appNostlon; many I= tN»1tN which IW been revoked.
The Exhibit should include the following Informatl0n: 11) name of party with such Interest; (11) nature of Interest or connection. glwng
doom (IN) CAR letters or file nu~ at applleada", or docket number, (IV) bAWM
FCC 314
February ' 987
0
Section I hosted 2)
Fart I— Assignar
GENERAL INFORMATION
7. Since the filing of the assignor's last renewal appilbation for the authorisation Doing assigned, or other major AOPllcatlon, has an adverse
finding been made, a consent decree been entered of adverse final action.. been approved by any court or administrative body with
reslseCt to the assignor or any Partner, officer, director, member of the assignor's powming board or any Stockholder owning 10% or
more of assignor's stock; concerning any Civil or criminal suit, action or Proceeding brought under the Provisions of any federal. state.
territorial or 10oai law relating to the following: any felanyl lotion*$: unlawful reatfalnts or monopolies; unlawful combinations: contracts
or agreements In restraint of Veds: the use of unfair methods of competition: fraud: unfair labor practices: or discnmma•
tion7 = YES XlH4NO
if Yes. attach u Exhibit No. a full description. Including identification of the court of administrative body, Proceeding by file
number, the person and matters involved, and the disposition of litigation.
FCC its Ihp 21
February 1967
SECVON VI S r
Part I — Aagnor
ASSIG NOM% CERTIFICATION'
t. Has or will the assignor comply with the public notice requirement of Section 73.35W*f the Rules? XWXPES O NO
The ASSIGNOR scknowleoges that alt eta statements made In this application and attached exhibits are cont-:, -led material repreaenta-
Uwe,and thet all of its exhibits are a:matwull part hereof and are Incorporated herein.
The ASSIGNOR repfesonb that this application IS not filed by It for ft purpose of impeding, obstructing, o� ..:aying determination on
any other application with which It may be in Conflict.
In accordance with Section 1.116 of the Commission's Ruins, the ASSIGNOR has a continuing obligation i., MSG the Commission,
through amendments, of any subatarltw and algnlflCant Changes in Me Information furnished.
WILLFUL FALK STATEMIUM MADE ON TRW FORK ARE PUNISHABLE SY PING AND IMPIU& - , .:NT
U.E. CODE. TMJ M, iMOM 104"
I cer" that the assignor's attlemants in this application an true. Complete. and Cornet to the bat of my , iadge and belief, and
we made in good fait
Signed aril dated dit 2nd axis of November ,19 90
Ocean Broadcasting, Inc.
Name of Assignor ......
Signature Steven F. Udvar -Hazy
President
TMO
FCC 714 IPp" I II
February 1987
Section i
PM II Assign"
0 0
GENERAL INFORMATION
1. Name of Assignee Brentwood Communications, Limited Partnership
Street Address (or other Identification) City
1 . -
State
L"
Zip Code Telephone
(Includeare.. _'ode)
Coil n. f>, 41 ql 1 1 (213) 4i,-6441
2. Does: the contract submitted In response to Question.$, part l o(Seotlon I embody the full and complete agreemerr..atween the assignor
and assignee? CY-YES ❑ NO
UNo, explain In Exhibit No. --
1. Assignee Is:
❑ an individual
ASSIGNEE'.$ LEGAL QUALIFICATIONS
❑ ageneral partnership
(R a limited partnership
❑ acorporation
O other
2. If the applicant Is an unincorporated assodation or a legal entity other than an Individual, partnership or corpora+::._n,. describe In Exhibit
No. -- the nature of the applicant
CITIZENSHIP AND OTHER STATUTORY REQUIREMENTS
YES NO
3. (a) Is the applicant in compliance with the provisions of Section 310 Of the Communications Act of 1934, as amen_„ o, ❑
relating to Interests of aliens and foreign governments?
(b) Will any funds,.. credit, etc., for construction, purchase or operation of the station be provided by aliens, foT :.gn 0 RD
entities, domestic entities controlled by aliens, or their agents?
It Yes, provide particulars as Exhibit No.
FCC 314 IP-- 11
February 1987
SecUM It (page 3) 0 ASSIGNEE'$ LEGAL QUALIFICATIONS •
4. (a) Has an adverse finding been made, adverse final action taken or consent decree approved by any court o. ..
minlsrative body as to the applicant or any party to the application In any civil or criminal proceeding bro -,,.;
under the provisions of any law related to the following: any felony, antitrust, unfair competition, fraud, u:r
labor practices, or discrimination?
(b) Is there now pending In any court . or administrative body any proceeding Involving any of the matter* retorred i.,
Cis)?
If the answer to (a) or (b) above I$ Yea, attach as Exhibit No. ,, a full disclosure concerning the, _
sons and matters Involved, Identifying the court or administrative body and the proceeding (by dates anc _
numbers), steting the facts upon which the proceeding vvas based or the nature of the offense committed,
disposition or current statue: of the matter. Information called for by this question which Is already on file ....
the Commission: need not be refiled provided;. (1) the Information Is now on file in another application or
form tiled by or on behalf of the assignee; (2) the Information Is Identified fully by reference to the life nun.
(U any). the FCC form number, . and the filing date of the application or other form containing the Informs.
and the age or paragraph referred to; and (3) after making the reference, the assignee states, "No ch&
since date of filing,"
FCC 314 (Papa 4)
February 1987
YES NO
RON n
NEWPA
Section 11 (Ps"3) ® ASSIGNEE'S. LEGAL QUALIFICATIONS. •
TABLE I (Cbrtt'd)
PARTIES TO APPLICATIONS
FCC 774 (Pow e)
February 1987
Section I I (page Z)
ASSIGNEE'S LEGAL QUALIFICATIONS
TABLE:I PARTIES TO APPLICATION
0
S. (a) Complete Table 1 witrtrespeot to the asslgnee. (Note: If the applicant considers that to furnish complete Inforr :.. on would pose an
unreasonable burden, It may request that the Commission waive the strict terms: of this requirement).
INSTRUCTIONS: If applicant Is an Individual, fill out column (a) only. If applicant is a partnership, fill out columns (s), (..!
-ad (d), state as to
each general or limited Partner (Including silent partners) (a) name and residence, (b) nature of partnership Interest Y.e...
�•aneral or limited),
and (d) percent of ownership Interest. If applicant la a corporation or an unincorporated association with 50 or fewer
.:;ckholders, stock
subscribers, holders of membership certificate or other ownership Interest, fill out all columns, giving the Information r_.;
,jested as to all of-
ficers, directors and members of governing board. In addition, give the Information as to all persons or entitles who .....
the beneficial or
record owners of or have the right to vote capital stock, membership or owner Interestor are Subscribers to such Interesi ..
sf the applicant has
more than 50 stockholders, stock subscribers or holders of membership certificates or other ownership Interests, fume.:,+
the information as
to officers, directors, members of governing board, and all persona or entitles who are the beneficial or record owners :,:
%r have the fight to
vole 1% or more of the capital stock, membership or owner Interest except that If Such entity is a lank, insurance Co..,,4ny
or investment
company (as defined by 15 U.S.C. 480aa) which does not Invest for purposes of control, the stock, membership or owe;.
4, interest need only
be reported If 5% or more
W
are reminded that questions 5 through 7 of this Section must be completed as to all "parties to this applk„ )n" as that term Is
* See Exhibit I
FCC 314 (Pape 5)
February 1987
Director or
% of:
Member of
t..nerahlp(0)or
Name and Residence (Home)
Nature of Partnership
Governing
F "s (P) or
Addrese(ea)
Interest or Office Held
Board
Stock or
V, °,.:, f Stock
YES NO
p (M
..,.,nberehiplM)
W
(b)
(c)
(d)
Kenneth J. Roberts
General Partner *
--
--
lOG; (P)*
3099 Mandeville Canyon Road
Los Angeles, California 90049
* See Exhibit I
FCC 314 (Pape 5)
February 1987
Ll
Section 11(pago 4)
ASSIGNEE'S LEGAL QUALIFICATIONS
•
YES NO
5. (b) Does the or any parry to this application, own or have any Interest In a daily newspaper or cable tc',.. ❑ R
Won system?
(c). Does the applicant or any party to this application have an ownership Interest In, or Is an officer, director
nor of, an Investment company, conk, or insurance company which has an Interest In a broadcast station, c.,, -4 ❑
ayatem or daily newspaper?
If the answer to questions 5(b) or (c) is Yes, attach as Exhibit No. a full disclosure concerning c-
sons Involved, the nature of such Interest, the media Interest and its location.
OTHER BROADCAST INTERESTS
6. Does the applicant or any party to this application have any Interest In or connection with file following?
(a)
an AM, FM or TV broadcast station?
❑ IR
(b)
a'broadcastapplkagon pending before the FCC?
fx ❑
T. Has
the applicant or any party to this appicaton had any Interest in or connection with the following:
(a)
an application: which has been dismissed with preJudicro by ON Commission?
❑ Ek
(b)
an application which has been denied by the Commission?
❑ Ck
(c)
a broadcast station, the license which has been revoked?
0 a
(d)
an application In any Commission proceeding which left unresolved character Issues against the applicant?
❑ C
(e)
N the answer to any of the questions In 6or7Is Yea, sate In Exhibit No. IT , the following tnforrnatio,,:
❑ tX
(1) Name of party having suchtnsrsat:
(II) Nature of lnterestorcormoction, giving dot";
(111) Call Writers of stations or file numborof application, or docket number;
(W) Location.
6. (a)
Are any of the parties to this applcaton rolated to each other (as husband, wife, father, mother, brother, i %.'..,r,
son or dwghteryf
O [A
(b)
Does any member of Me immediate family (Le., husband, wife, father, mother, brother, slater, son or daugF.' .; of
any party to this application have any interest . in or connection with any other broadcast Station or pond; „ -.4>-
pikstion7
❑ IR
It the answer to (a) or (b). above is Yes, attach as Exhibit No. '— , a full dlscosure concerning the pc,....,na
invoived, Moir relationship, the nature . and extent of such Interest or connection. the file number of such s,;: --t
Uon, and the location of such station or proposed station.
FCC 314 (Pue 7)
February 1987
i •
Section 11 (page s) OWNERSHIP AND CONTROL
YES NO
9. Are there any documents, Instruments, contracts or understandings rotating to ownership or future ownership rights
(Including, but not limited to, non - voting stock Interests, beneficial stock ownership Interests, options, warrants,
debentures)? O (@
If Yes, provide particulars as Exhibit No. --
10. Do documents, instruments, agreements or understanding$ for the pledge of stock Of a corporate applicant, as securt.
ty for loans or contractual performance, provide that (a) voting rights will remain with the applicant, even In the *vent of
default on the obligation; (b) In the event of default, there will be either private or public sale of the stock; and (c)
prior to the exercise of stockholder rights by the purchaser at such Bale, the prior consent of the Commission (put-
; suant to 47 U.S.C..310(d)) will be obtained? - ❑
If No, attach as Exhibit No. -- a.full explanation.
Section III ASSIGNEE'S FINANCIAL QUALIFICATIONS
1, The applicant certifies that sufficient not liquid assets are on hand or are available from Committed sources toconsum•
MOO the transaction and operate the facilities for three months. See Exhibit III O ❑
2. The applicant certifies that: (a) It has a reasonable . assurance of a present firm Intention for each agreement to furnish
capital or purchase capital stock by parties to the application, each loan by banks, financial Institutions or others, and
each purchase . of equipment on credit; (b) It can and will most all contractual .requirements as to collateral, .
guarantees, and capital Investment; (c) It has determined that all such sources (excluding banks, financial Institutions
and equipment manufacturers) have sufficient net liquid assets to most these commitments. O O
See Exhibit III
FCC 314 (Pepe 6)
February 1987 '
0
•
SECTION V ASSIGNEE'S EQUAL. EMPLOYMENT OPPORTUNITY PROGRAM
YES NO
c ■
1. Does the applicant propose to employ five or more fulltime employees?
If the answer Is Yea, the applicant must Include an EEO program called for In the Model EEO Program. (FCC Form 396-
A).
FCC: 314 (Pap 10)
February 1987
• •
SECTION IV ASSIGNEE'S PROGRAM SERVICE STATEMENT
FOR AM AND FM APPLICANTS
1. Attach as Exhibit No. IV - a brief description. In narrative form, of the planned programming service relating to ::. m. issues of public
concern facing . the proposed service area.
TELEVISION APPLICANTS
2, A ertalnment of Community Needs.
A. Sta In Exhibit No. the methods used by the applicant to ascertain the needs and Interests of the Pub,:- nerved by the ata-
tion. S h Information shall Include (1) Identification of representative groups, Interests and organizations whicii r;re consulted and
(2) the me communities or areas which applicant principally undertakes to serve.
B. Describe In Exhl No. the significant needs and Interests of the public which the applicant beflevee ! station will serve .
during the coming It se period, Including those with respect to national or international matters.
C. List In Exhibit No. pldal and Illuatrativs programs or program aeries (excluding Entertatnmenf. and, ,I ors) thst.apPllcam
plans to broadcast during the. Ing license period to most those needs and Interests.
3. State the minimum amountof time, be em a.m.. and midnight, the applicant proposes to normally devote each , ek to the program
"a listed below (aes definitions In Inatru s). Commercial matter, within a program segment shall be exclu� In computing the
time devoted to that particular program segment 1"Inute news Program containing three minutes of con .:,urolal matter, shall
be computed as a 12-minute news program.
HOURS
NEWS
PUBLIC AFFAIRS
ALL OTHER PROGRAMS
(Exclusive o(Sports and
EntertalnmenO
LOCAL PROGRAMMING.
MINUTES %otTOTALTIME.C. ;•IR
4. State the maximum amountof commerelai matter the applicant proposes to allow normally in any eaminuie a97
5. State the maximum amount of commercial matter the applicant proposes to allow normally Ina 60-minute segment
tween the hours of a P.M. to 11 p.m. (5 p.m. to 10 p.m. Central and Mountain Times):
(a) State the number Of hourly segments per week this amount Is expected to be exceeded, if any:
a. State in Exhibit No. , In full detail, the reasons why the appllaant would allow the amount of Commercial n..
ter stated in Question 4` and 5 above to be exceeded.
FCC 314 (Pa" 9)
February 1987
SECTION VI
Part II — Assigns
• •
ASSIGNEE'S CERTIFICATION
The ASSIGNEE hereby waives any Claim to the use of any particular frequency as against the regulatory pow,.:.: f the United States
because of the previous U36 of the same, whether by license or otherwise, and requests an authorization In accordant,:.. ,:Ith this application.
(See Section 304 of the Communications Act of 1934, as amended).
The ASSIGNEE acknowledges that all its statements made In this application and attached exhibits are consider:,,' :naterlal representa-
tions, and that all of its exhibits are a material part hereof and are incorporated herein.
The ASSIGNEE represents that this application Is not filed by it for the purpose of Impeding, obstructing or dei ..:rig determination on
any other application with which It maybe In conflict.
In accordance with Section 1.115 of the Commission's Rules, the ASSIGNEE has a continuing obligation to t : .:a the Commission,
through amendments, of any substantial and significant changes In the information furnished.
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE. BY FINE AND IMPRISON; ..,T.
U.S. CODE, TITLE 18. SECTION 1001.
I certify that the assignee's statements In this application are true, complete, and correct to the beat . of my kn<-..idge and belief, and
are made in good faith..
Signed and dated this �� dayof /la v' 19 90
Brentwood Communications, Limited Partnership
Nar11e of Assignee
signature
FCC. 314 (13" 13)
February 1987
KOCM(FM), Newport Beach, CA.
Assignment of License
(FCC Form 314)
Response to Section II,
Question 5
EXHIBIT I
Parties to Application
Although there are currently no limited partners of
Brentwood Communications, Limited Partnership, Assignee
anticipates that limited partners will be admitted to the
partnership prior to the consummation of the purchase of the
Station.
0 0
KOCM(FM), Newport Beach, CA
Assignment of License
(FCC Form 314)
Response to Section II,
Ouestions 6 and 7
EXHIBIT II
OTHER BROADCAST INTERESTS
Ouestion 6. Brentwood Communications, Limiter "_
Partnership is simultaneously filing today an application for
consent to the assignment of license of station KSRF(FM), Tanta
Monica, California from Radio Broadcasting, Inc.
Ouestion 7. Kenneth J. Roberts was the sole
stockholder of Mandeville Broadcasting Company, Inc.
( "Mandeville "), formerly the licensee of Station KROQ(FM),
Pasadena, California. Mr. Roberts was also a party to
proceedings involving the renewal applications for statio``=
KROQ(FM) and'KROQ(AM), Burbank, California. A settlement ; ?f
those proceedings resulted in the renewal and assignment .1� the
KROQ(FM) license to Mandeville and the dismissal of the
application to renew the license of KROQ(AM). See Georae
Cameron Communications, FCC2d , 56 RR2d 825 (198-11.
.4
KOCM(FM), Newport Beach, CA
Assignment.of License
(FCC Form 314)
Response to Section III„
ouestions 1 and 2
EXHIBIT I'II
Financial 4ualifications
Assignee is currently negotiating for financing ao
complete the purchase of the Station. This Assignment
Application will be amended after financing is completed.
KOCM(FM), Newport Beach, CA
Assignment of License
(FCC Form 314)
Response to Part II, Sectioc.. IV,
Question 1
EXHIBIT IV
Proposed Programming
Brentwood Communications, Limited Partnership, ,,;ie
proposed assignee of station KOCM(FM), Newport Beach, Call_ornia,
intends to offer a variety of news, public affairs, and o =_;:er
non - entertainment
programming
responsive
to the
problems,
reeds
and interests of
the residents
of Newport
Beach,
Californ._,
and
the surrounding area.
0 i
Feoerai Communications Commission
Washington.' D.C. 20554
BROADCAST EQUAL EMPLOYMENT OPPORTUNITY
MODEL PROGRAM REPORT
1. APPLICANT
Approved by OMB
3060 -0120
Expires. 9/30/90
Name of Applicant
Address
Brentwood Communications, Limited Partnership
3099 Mandeville Canyon Road
Los Angeles, CA 90049
Telephone Number (include area code)
(213) 476 -6441
2. This form is tieing submitted in conjunction with:
7 Application for Construction Permit for New Station
Application for 'Transfer of Control
(a) Call letters (or channel number of frequency)
(b). Community of License. (city and state)
.............
(C) Service:
ED AM ® FM E] TV
® Application for Assignment of ', icense
❑ Other (Specify)'
INSTRUCTIONS
Applicants seeking authority to construct a new commercial, noncommercial or international broadcast ssxion, applicants seeking
authority to obtain assignment of the construction permit or license of Such a station, and applicants seek -ng authority to acquire
control of an entity holding such construction permit or license are required to afford equal employment opportunity to all qualified
persons and to retrain from discrinination in employment and related benefits on the basis of race, color, r� %i.gion, national .origin or
sex. See Section 73.2080 of the Commission's Rules. Pursuant to these requirements, an applicant who proposes to employ five or
more full-time employees must establish a program designed to assure equal employment opportunity for wornen and minority groups'
(that is,. Blacks not of Hispanic origin, Asians or Pacific Islanders, American Indians or Alaskan Natives and Hispanics). This is submitted
to the Commission as the Model EEO Program, If minority group representation in the available labor force is less.: than five percent (in
the .aggregate), a program for minority group members is not required. In such cases, a statement so indicaliaig must be set forth in
the EEO model program. However, a program must be filed for women since they comprise a significant C,,r eniage of virtually all
area labor forces. If an applicant proposes to employ fewer than five full -.tine employees, no 'EEO program tar women or minorities
.need be filed.
Guidelines fw a Model EEO Program and a Model EEO Program are attache.
NOTE: Check appropriate box, sign the certification below and return to FCC:
Station will employ (ewer than 5 full -line employees; therefore no written program is being submi[r;.d.
0 Station will employ 5 or more full -tine employees. Our Model EEO Program is attached. (You mus} complete all
sections of this form)
I certify that the statements. made herein are true, complete, and correct to the best of my knowledge and L,iief; and are made
in good faith.
Signed and dated this 3 &, day of C11J`/. , 1990
Signed
Title
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND !.APRISONMENT.
U.S. CODE, TITLE 16, SECTION 1001.
FCC Form 396 -A
Januery Igo$
0
F-1
0 The Station's employment application forme will contain a notice 'informing.. prospect" employees that discrimination
because of race, color, religion, national origin or sex is .prohibited and that they may notify the appropriate local, Slate
or Federal agency if they believe they have been the victims of discrimination.
Appropriate notices will be posted :informing applicants and employees that the Station is an Equal Opportunity Employer
and of their right to notify an appropriate local, State or Federal agency if they believe they have been the vicims Of
discrimination.
We will seek the cooperation of unions, if represented at the station, to help implement our EEO program and all union
contracts will contain a nondiscrimination clause.:
El Other (specify)
IV. RECRUITMENT
To ensure nondiscrimination in relation to minorities and women, and to foster their full consideration whenever job vacancies
occur, we propose to utilize the following recruitment procedures:
® We will contact a variety of minority and women's organizations to encourage the referral of qualified minority and
women applicants whenever job vacancies occur. Examples of organizations we intend to contact are:
LaBlack Media Coalition
American Vietnamese Fellowship
LULAC (League United Latin American Citizens)
Black Business Alliance of Orange County
NAACP
Urban League
In addition to the organizations noted above, which specialize in minority and candidates, we. will deal only with
®
employment services, including State employment agencies, which rater job candidates without regard to their race,
color, religion, national origin or sex. Examples of these employment referral services are:
California State Employment Development Dept.
Job Placement Center (Golden West College)
Southern California Broadcasters Association
IEWhen we recruit prospective employees from educational institutions such recruitment efforts will include area schools
and colleges with minority and women enrollments., Educational institutions to be :contacted for recruitment purposes are:
Saddleback Community College
Orange Coast College
0 When we place employment advertisements with media some Of such advertisements will be place_'. media which have
significant circulation or viewership or are of particular interest to minorities and women. Exam ,<s of media to be
utilized are:
Radio and Records
Adweek
Los Angeles Times
La Opinion (Hispanic)
Los Angeles Sentinel
Daily Pilot
n
We will encourage employees to refer qualified minority and women . candidates for existing and 1: job openings.
FCC 366 -a (Page 3)
January loss
THIS:IS TO!NOTIFY:YOU:THAT?.YOUR
APPLICATION,FOR' -.
ASSIGNMENT -OF
LICENSE
WAS:.GRANTED'ON:02 /15!'91.
FREQUENCY: 1030 MHZ
LOCATION: NEWPORT.BEA,CHP'.CA
YOUR AUTHORIZATION WILL BE- ISSUED IN
THE:NEAR FUTURE.-POST- THIS 'CARD
PENDING ITS RECEIPT.
ALL'INQUIRIES CONCERNIN'G.THIS
APPLICATION SHOULD REFER TO,
FILE NUMBER:BALH. - 901130HN.
0
N
n
V
LL
FEDERAL COMMUNICATIONS
COMMISSION
WASHINGTON. DC - 20554
OFFICIAL BUSINESS
PENALTY FOR PRIVATE. USE $300
OCEAN.BROADCASTING.,INC.
KOCM FM,STATION
130 NEWPORT CENTER DR.
NEWPORT:B.EACHstCA: 92660_
'.'I�i llllf�il'1111''I1�'illi l'I1� thildflu'i'1. [{Ill
nt-1
POSTAGE AND FEES PAID
FEDERAL COMMUNICATIONS
COMMISSION
FCC 615
0 •
• THE BEST OF LOS ANGELES AND ORANGE COUNTIES
KSRF 1425 FIFTH STREET • SANTA MONICA, CA 904012498 2131458 -1031
T March 19 91 KOCM 130 NEWPORT CENTER DRIVE • SUITE 210 • NEWPORT BEACH 60.714/721 -103.1
M1. h"
Office of the City Attorney SEC
City Newport Beach
Hall S GfTYAJTq ?l
3300 Newport Boulevard Add, dF.)
Newport Beach, CA 92663 b
Re: License Agreement for KOCM(FM)
�A1 /f
Dear Sir: `U
Ocean Broadcasting, Inc., licensee of KOCM(FM), has entered into
an agreement with Brentwood Communications, Limited Partnership
for the sale of the station. This agreement has just been ap-
proved by the Federal Communications Commission, and the parties
plan to close the transaction towards the end of this month.
As you know, KOCM(FM) maintains certain facilities, including a
transmitter and tower, on City -owned property pursuant to a
License Agreement dated November 19, 1980, between the City and
Hutton Broadcasting, Inc. It seems the Hutton agreement was then
transferred to Donrey of Nevada, Inc., who in turn transferred it
to Ocean Broadcasting, Inc.
In connection with the sale of KOCM(FM), it is proposed that the
License Agreement be assigned to Brentwood Communications, Limit-
ed Partnership.
We would greatly appreciate your assistance in arranging for the
approval by the City of Newport Beach of this assignment of the
Lease so that we might have written documentation of this fact at
the upcoming Closing.
Thank you for your help.
ncerely,
L.
a L. Siegal
President & General Manager /Director
js /v
€0010N . AGENDA
RESOLUTION NO. 90 -1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ENCOURAGING AND SUPPORTING
KOCE -TV IN ITS EFFORTS TO IMPROVE AND UPGRADE
ITS BROADCAST SIGNAL, AND COMNIENDING THEIR
STAFF FOR DEDICATION TO THE PUBLIC
WHEREAS, KOCE's broadcasts are seen by over 1 million
viewers regularly and are carried to more than 50 cable system; and
WHEREAS, KOCE's award- winning programs have
reflected a wide variety of local, public affairs, educational, cultural
and instructional topics that have served as a rich informational and
entertainment resource to Orange County television viewers; and
WHEREAS, KOCE programs not only enhance the lives to
educated viewers who are the decision- makers in our community,
but also serve the very special needs of our community's less
privileged, who can turn to KOCE and enter a world of learning and
opportunity; and
WHEREAS, KOCE has joined forces with community groups
to combat drug abuse, illiteracy, alcoholism, AIDS, child care
problems, and environmental pollution and waste; and
WHEREAS, KOCE maintains a high level of public affairs
broadcasting which highlights aware ness of local issues, highlights
local accomplishments and presents challenges facing Orange County;
and
WHEREAS, this year, KOCE broadcasts more than 1,500
hours of college credit telecourses and served more than 250,000
school children from kindergarten through high school; and
WHEREAS, KOCE has received hundreds of awards and
honors for both local and national programs and community
programs including 22 local Emmy Awards, 19 Golden Mikes for
news programming, 21 California Associated Press Television
Awards, and seven Disneyland Community Service Awards.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and
City Council do hereby encourage and support KOCE -TV in its efforts
to improve and upgrade its broadcast signal, and commend the staff
for its dedication to its public.
ADOPTED this 12th day of February , 1990.
Mayor
ATTEST:
FEB 1 z =
P)
Agenda Item No. F9(e)
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
June 11, 1987
TO: Honorable Mayor and Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE: Regveat for ;Ass1gtmmat of Trawmiiw4as
Feciltties U eerie Agreemat
KOCM -FM maintains a transmitter and tower on City -owned
property pursuant to a License Agreement between the City and
Donrey, Inc. From time to time, the City has been asked to
approve assignments of this Agreement as a part of financial
transactions involving the station or its owner. Donrey intends
to sell KOCM -FM to and assignment to Electra is
an integral part of the transaction.
Recommendation:
It is recommended that the City Council adopt a
Resolution consenting to the assignment of the License Agreement
to Electra Financial Corporation.
RHB /jc
Wert H. Bur
ty Attorney
!t1 Ihr i;;,
CITY OF NEWPORT Ujkt
'JUN '221987
ASSIGNMENT OF LICENSE AGREEMENT
(Donrey, Inc. to Electra Financial
Corporation - KOCM Radio Station
Transmitter Site
On this z?'C day of 1987, the CITY
OF NEWPORT BEACH, hereinafter referred to as "City "; DONREY,
INC., hereinafter referred to as "Donrey" ELECTRA FINANCIAL
CORPORA -TION, hereinafter referred to as "Electra ", and OCEAN
BROADCASTING, INC., whol,ly -owned subsidiary and nominee of
Electra, hereinafter referred to as "Ocean ", enter into this
Assignment of License Agreement:
W I 'T U Fe E a E T H:
WHEREAS, City and Donrey are parties: to a License
Agreement effective November 1, 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 i:s attached hereto and incorporated herein by this
reference; and
WHEREAS, Donrey has entered into an agreement with Electra
and Ocean for the sale of radio statior. KOCM'; and
WHEREAS, the Cite Council of the City of Newport Beach on
June 22, 1987, adopted a Minute Order consenting
to the transfer of said License Agreement from Donrey
contingent upon approval by the Federal Communications
Commission; and
WHEREAS, the Federal Communications Commission has
approved the sale and transfer of radio station KOCM to Ocean
and said sale and transfer has been completed,
NOW, THEREFORE, THE PARTIES AGREE:
1. The License Agreement between City and Donrey,
effective November 1, 1980, is hereby assigned to Ocean under
the sarr.e terms- and conditions of the License Agreement, not
inconsistent herewith. This assignment does not extend or
modify said License Agreement.
2. Ocean 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.
CI
By
ATTEST:
.-," 9 , ,
City Clerk
APPROVED as to form.
t At or y
OCEAN BROADCASTING, INC.
Its President
By
Its
DONREYr INC.
By
vU �_
Fred W. Smith.
its President
By l/
George 0. Rleier
Its Secretary
OCEAN
DONKEY
9 0
WEINBERG, ZIPSER, ARBITER, HELLER & QUINN
A I-AW CORPORATION
1901 AVENUE OF THE STARS, SUITE 800
CENTURY CITY
LOS ANGELES, CALIFORNIA 00067 -6080
TELEPHONE 12131 277 -9822 11
June 19, 1987
Mr. Ken Delino
Office of the City 'Manager
3300 Newport Boulevard
Newport Beach, CA 92663
Re: License Agreement for KOCM -FM
Dear Mr. Delino:
TELEX: 698218 HO CC LSA
qPt ER (213) 201 -0296
IN REPL E REFER TO
9
�r+'
L$d�
VID
4
JUN ? ? 19$7
Per our telephone conversation of June 19th, I am enclosing
herein a copy of the proposed Resolution and a copy of the
proposed Assignment of License Agreement regarding the
above entitled radio station.
As the License Agreement reflects, the present Licensee,
Donrey, Inc., has entered into a contract to sell the
station to our client, Electra Financial Corporation.
Naturally, the sale is contingent upon obtaining FCC
approval, which approval it is anticipated will be granted
in the next 60 to 90 days.
Both Donrey and Electra Financial request that the City
consent to the Assignment of the License Agreement per the
terms set forth in the enclosed License Assignment.
Would you please advise the undersigned if there is any
additional documentation that you require in order to
obtain the consent to the Assignment.
Thank you for your prompt attention.
LDW :rb
Enclosures
CC Donrey, Inc.
ly yours,
.
_ • 0
aEW Pp,Q� ,
�� CITY OF NEWPORT BEACH
s
r' r Office of Cit y g Mana er
(714) 644 -3002
June 29, 1987
Mr. Leonard D. Weinberg
Weinberg, Zipser, Arbiter, Heller & Quinn
1901 Avenue of the Stars, Suite 800
Century City
Los Angeles, CA"+190067 -6080
SUBJECT 4 . t= i[
Dear Mr. Weinberq:
In response to your letter of June 19, 1987, the City
Council approved the assignment on June 22, 1987 and the
City Clerk and City Attorney will contact you to execute
the documents.
Sincerely,
KJD:mrh KENNETH J. DELINO
Executive Assistant
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
a
[l
MEMORANDUM
E
J
Agenda Item No. F -2(a)
BY THE C -7i trYMUL
OFFICE OF THE CITY ATTORNEY
nuary 'LU,
JAN 2 11987
/.lei 07 -78
IV
TO: Honorable Mayor and Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE: Proposed Transfer of License Agreement for KOCN -FM
from Donrey Media Group to Financial Capital
Broadcasting Co.
Background:
KOCM -FM maintains certain facilities, including a
transmitter and tower, on City -owned property pursuant to a
License Agreement, dated November 19, 1980, between the City and
Donrey, Inc., the parent of Donrey of Nevada, Inc.
On January 7, 1987, the City received a letter from
Donrey Media Group indicating that the radio station, KOCM -FM, is
being sold by Donrey to Financial Capital Broadcasting Co. They
are requesting that the City Council adopt a Resolution approving
the assignment and authorizing execution by the Mayor.
Recommendation:
I recommend that the City adopt the resolution approving
the assignment and transmit a copy to to Donrey, Inc.
Robert H. Burnham
City Attorney
RHB /jc
*RESOLUTION NO. 87 -18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH CONSENTING TO AN ASSIGNMENT
OF THE LICENSE AGREEMENT' FROM DONREY,
FINANCIAL CAPITAL BROADCASTING CO. FOR THE
LOCATION OF A RADIO TRANSMITTER AND
TRANSMITTING TOWER NEAR THE INTERSECTION OF
MONROVIA AVENUE AND 16TH STREET, CONTINGENT
UPON FEDERAL COMMUNICATIONS
APPROVAL
WHEREAS, on October 27, 1980, by Resolution No. 9914,
the City Council of the City of Newport Beach consented to the
transfer to Western Broadcasting Company of a License Agreement
between the City of Newport Beach and Hutton Broadcasting, Inc.
for the use of a radio transmitter, tower, and studio on certain
City -owned property on the south side of 16th Street westerly of
Monrovia Avenue in the City of Newport Beach; and
WHEREAS, on July 1, 1982, Western 'Broadcasting Company
was merged with and into its parent, Donrey, Inc., a Nevada
corporation, qualified and doing business in the State of
California under the name "Donrey Media Group," and pursuant to
such merger, Donrey, Inc. succeeded to all rights and obligations
of Western Broadcasting Company, including the License Agreement,
as a matter of law; and
WHEREAS, Donrey of Nevada, Inc., a wholly -owned
subsidiary of Donrey, Inc., has entered into an agreement with
Financial Capital Broadcasting Co. for the sale of radio station
KOCM; and
WHEREAS, the sale of said radio station to Financial
Capital Broadcasting Co. is contingent upon approval by the
Federal Communications Commission; and
-1-
WHEREAS, Donrey, Inc, has requested that the City
consent to the assignment of said License Agreement from Donrey,
Inc. to Financial Capital Broadcasting Co. to maintain the use of
the radio transmitter, tower, and studio; and
WHEREAS, the City Council has considered the assignment
of the License Agreement and found it to be fair and equitable.
NOW, THEREFORE, BE IT RESOLVED, that said License
Agreement shall be assigned from Donrey, Inc. to Financial
Capital Broadcasting Co, at such time as the Federal
Communications Commission approves the transfer of radio station
KOCM from Donrey of Nevada, Inc. to Financial Capital
Broadcasting Co., and such transfer is completed.
BE IT FURTHER RESOLVED that the assignment of said
License Agreement may be executed by the Mayor and City Clerk at
such time as the Federal Communications Commission has approved
the transfer of radio station KOCM to Financial Capital
Broadcasting Co. and such transfer has been completed.
ADOPTED this 26th day of January, 1987.
-2-
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
January 28, 1987
(714) 644 -3005
Mr. George 0.. Kleier
Vice President & General Counsel
920 Rogers Avenue
P.O. Box 1359
Fort Smith, Arkansas 72902 -1359
Dear Mr. Kleier:
On January 26, 1987, the City Council of Newport Beach approved the
transfer of License Agreement for KOCM- FM 'from Donrey Media Group
to Financial Capital Broadcasting Co.
Please have the said Agreement signed and forward to Financial
Capital Broadcasting Co. for signatures and return to this office.
After the execution by the Mayor of the City of Newport Beach, we
will send you a fully executed copy for your files.
Sincerely,
/t/ �L'e' �-
Wanda E. Raggio
City Clerk
WER ;pm
Enclosure(s)
3300 Newport Boulevard, Newport Beach
DDNREY MEDIA GRDUR
GEORGE O. KLEIER"
VICE PRESIDENT 6 GENERAL COUNSEL
DAVID M. OLIVE
ASSISTANT GENERAL COUNSEL
920 ROGERS AVENUE'
POST OFFICE BOX 1359
FORT SMITH, . ARKANSAS 72902 -1.359
501 - 755 -7808
, VIA FEDERAL EXPRESS
19M
January 7, 1987
Office of the.City Attorney
City of Newport Beach
City
3300 Newport Boulevard
Newport Beach, CA 92663 \
Re; License Agreement for KOCM' -FM
Dear Sir:
NEWSPAPER OUTDOOR
BROADCAST CABLE
Donrey of Nevada, Inc., a wholly - owned subsidiary of Donrey,
Inca and licensee of KOCM -FM, has entered into an agreement with
Financial Capital Broadcasting Co. for the sale of the station,
subject to approval by the Federal Communications Commission. The
parties propose to close the transaction upon securing such
approval.
As you know, KOCM -FM maintains certain facilities, including
a transmitter and tower, on City -owned property pursuant to a
License Agreement dated November 19, 1980, between the City and
Donrey, Inc., the parent of Donrey of Nevada, Inc.
In connection with the sale of the station, it is proposed
that the License Agreement be assigned to Financial Capital
Broadcasting Co.
I am enclosing herewith for your review a proposed resolution
for the City Council's approval of the assignment of the License
Agreement and an Assignment of License Agreement which would be
executed in connection with the closing of the sale and transfer
of the station.
I hope these documents meet with your approval, but if you
have any proposed changes, please let me know.
Yours v ry tru7�¢
eorge�0. leier
Enclosures
cc: Ms. Kathy J. Bible (w /encs., via FEDEX)
Mr. Dick Sadar (w /encs.)
ARKANSAS • CALIFORNIA • COLORADO • HAWAII • ILLINOIS •. INDIANA • IOWA KANSAS • KENTUCKY - MISSISSIPPI
MISSOURI • NEVADA. • NEW MEXICO • NORTH DAKOTA • OHIO • OKLAHOMA TENNESSEE • TEXAS • WASHINGTON
•
To:
From:
Re:
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
October 31, ]983
Wanda Anderson, City Clerk
Robert D. Gabriele, Assistant City Attorney
License Agreement with KOGM -FM
Please place the enclosed letter of September 28, 1983,
from Donrey Media Group and the attachments thereto, in your City
File pertaining to the License Agreement currently in the name of
Western Broadcasting Company.
No further action is necessary. If you have any
questions, please advise.
RDG /dt
cc: Ken Delino
MEB /Anderson
obert D. Gabriele
Assistant City Attorney
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
(714) 640 -2201
October 31, 1983
Mr. George O. Kl:eier
Vice President and General Counsel
Donrey Media Group
P.O. Box 1359
Fort Smith, Arkansas 72902 -1359
Re: License Agreement with KOCM -FM
Dear Mr. Kleier:
Thank you for your letter of September 28, 1983. It has been
determined that it is unnecessasry that a formal assignment of
the License Agreement from Western Broadcasting Company to
Donrey, Inc. be made. Your letter, and the attachments thereto,
satisfactorily set forth the legal relationships and
responsibilities to permit continuance, of the existing License
Agreement. Therefore, your letter and the attachments thereto,
shall be placed in the City Clerk's file, which also contains the
original Licensing Agreement.
Your information and assistance in this matter are appreciated.
Very truly yours,
Robert D. D briele
Assistant City Attozney
RDG:d't
MEB /'Kleier
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
• 0
NEWSPAPER OUTDOOR
! V f �.
®0NRE E .`01A GROUP TELEVISION RADIO
GEORGE O. KLEIER
VICE PRESIDENT 6. GENERAL COUNSEL
RICHARD I =. COOPER
ASSISTANT GENERAL COUNSEL
920 ROGERS AVENUE
POST OFFICE BOX 1359
FORT SMITH, ARKANSAS 72902 -1359
501 -795 -7908
City Attorney
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
September 28, 1983
Re:- License Agreement. with KOCM-FM
Dear Sir:
On November 19, 1980, pursuant to Resolution No. 9914,
adopted October 27, 1980, the City executed an assignment
by Hutton Broadcasting, Inc, to Western Broadcasting Company
of that certain License Agreement governing the KOCM-FM trans-
mitting site on City - owned property on the south side of Sixteenth
Street, westerly of Monrovia Avenue.
In reviewing my file on this License Agreement, I find
that through oversight we failed to notify the City of the
merger of Western Broadcasting Company into its parent.
As part of an overall corporate reorganization, on July 1,
1982, Western Broadcasting Company was merged with and into
its parent, Donrey, Inc., a Nevada corporation, qualified
and doing business in the State of California under the name,
Donrey Media Group.
Attached hereto are copies of the Certificate of Ownership
and Merger by Donrey, Inc, filed in the office of the California
Secretary of State on July 1, 1982, and the Federal Communications
Commission's consent to assignment of the KOCM license dated
June 29, 1982.
Pursuant to such merger, Donrey, Inc, succeeded to all
rights and obligations of Western Broadcasting Company, as
a matter of law.
I apologize for the oversight but did want to advise
you of the merger and the change in identity of the licensee
of KOCM.
a
4RKAlJSAS • ClLL1FOFlMi COI.ORApO M4WGI1 "pI A • IOWA • KYN • KEMUCKY • MI9 IGS9F • MIS RI • N V. A NEW MEXICO '• OHIO • gC1,gFICINA • T£%L6 • W�
4 ,
^
On November 19, 1980, pursuant to Resolution No. 9914,
adopted October 27, 1980, the City executed an assignment
by Hutton Broadcasting, Inc, to Western Broadcasting Company
of that certain License Agreement governing the KOCM-FM trans-
mitting site on City - owned property on the south side of Sixteenth
Street, westerly of Monrovia Avenue.
In reviewing my file on this License Agreement, I find
that through oversight we failed to notify the City of the
merger of Western Broadcasting Company into its parent.
As part of an overall corporate reorganization, on July 1,
1982, Western Broadcasting Company was merged with and into
its parent, Donrey, Inc., a Nevada corporation, qualified
and doing business in the State of California under the name,
Donrey Media Group.
Attached hereto are copies of the Certificate of Ownership
and Merger by Donrey, Inc, filed in the office of the California
Secretary of State on July 1, 1982, and the Federal Communications
Commission's consent to assignment of the KOCM license dated
June 29, 1982.
Pursuant to such merger, Donrey, Inc, succeeded to all
rights and obligations of Western Broadcasting Company, as
a matter of law.
I apologize for the oversight but did want to advise
you of the merger and the change in identity of the licensee
of KOCM.
a
4RKAlJSAS • ClLL1FOFlMi COI.ORApO M4WGI1 "pI A • IOWA • KYN • KEMUCKY • MI9 IGS9F • MIS RI • N V. A NEW MEXICO '• OHIO • gC1,gFICINA • T£%L6 • W�
City Attorney •
Page Two
September 28, 1983
If you require a formal assignment of the License Agreement
from Western Broadcasting Company to Donrey, Inc., please
let me know.
Yours ve/Klei1
Ge rg Oer
Enclosures
..
UNITED STATES OF AMERICA
FEDERAL COMMUNICATIONS COMMISSION
Washington, D. C. 20554
File No. (s): BAL820618GL
BALH820618 GM
LI'oss of stotion(s)AM, FM & AUX
CALL SIGN(s) STATION LOCATION(s) AUXILIARY STATION(s) !loeaacikrtmerrte,.rta
KEXO Grand Junction, Colorado KJ -3473
BRQ -143
KOCNI Newport Beach, California_ WHB_922
WHB -923
Under authority of the Communications Act of 1434, as amended, the donsent of the Federal Communications Commission is
hereby granted to the transaction indicated above.
The Commission's consent to the above is based..on the representations made uy the applicants that the statements contained
in, ormade in connection with, the application are true and that the undertakings of the parties upon which this transaction is
authorized will -be carried out in good faith.
The actual consummation of voluntary transactions shall be completed within 60 days from the date hereof, and notice; in letter,
form thereof shall promptly be 'famished the Commission by the buyer showing the date the acts necessary to effect the transaction
were completed- Upon furnishing the Commission with such writress notice, this transaction will be considered completed for all
purposes related to the above described station(s)..
FCC Form 323 (Ownership Report), mgstba• filed within 30 days after consummation, by the licensee /penaittee or assignee.
ADDITIONAL REQUIREMENTS FOR ASSIGNMENTS ONLY:
Upon cons,ommation the asuignormust deliver-the petmit/license, including any modifications thereof to the assignee.
It is bereby directed that, upon consummation, a copy of this consent . be posted with the station authorization(s) as required by
the Commission's. Rules and Regulations
The. assignee is not authorized to construct nor operate said station(s) unless and until notification of consurnmatioa in letter
form has been forwarded to the Commission.
FCC Form 324 (Annual Financial Report) must be filed. within 60: days after consummation, by the assignor, for his period of
..operation.
FEDERAL
Dated: June 29, 1982 COMMUNICATIONS
fntrtnccrnu
FROM
XX- CONSENT TO ASSIGNMENT:
CONSENT TO TRANSFER 'CONTROL:
WESTERN B /CING -CO.
CONSENT TO TRANSFER STO,3(:
Wneteby
TO
of
DONKEY, INC.
Control by
is effected.
L i cen sce /p ermi ttee:
for trmrs/er only)
CALL SIGN(s) STATION LOCATION(s) AUXILIARY STATION(s) !loeaacikrtmerrte,.rta
KEXO Grand Junction, Colorado KJ -3473
BRQ -143
KOCNI Newport Beach, California_ WHB_922
WHB -923
Under authority of the Communications Act of 1434, as amended, the donsent of the Federal Communications Commission is
hereby granted to the transaction indicated above.
The Commission's consent to the above is based..on the representations made uy the applicants that the statements contained
in, ormade in connection with, the application are true and that the undertakings of the parties upon which this transaction is
authorized will -be carried out in good faith.
The actual consummation of voluntary transactions shall be completed within 60 days from the date hereof, and notice; in letter,
form thereof shall promptly be 'famished the Commission by the buyer showing the date the acts necessary to effect the transaction
were completed- Upon furnishing the Commission with such writress notice, this transaction will be considered completed for all
purposes related to the above described station(s)..
FCC Form 323 (Ownership Report), mgstba• filed within 30 days after consummation, by the licensee /penaittee or assignee.
ADDITIONAL REQUIREMENTS FOR ASSIGNMENTS ONLY:
Upon cons,ommation the asuignormust deliver-the petmit/license, including any modifications thereof to the assignee.
It is bereby directed that, upon consummation, a copy of this consent . be posted with the station authorization(s) as required by
the Commission's. Rules and Regulations
The. assignee is not authorized to construct nor operate said station(s) unless and until notification of consurnmatioa in letter
form has been forwarded to the Commission.
FCC Form 324 (Annual Financial Report) must be filed. within 60: days after consummation, by the assignor, for his period of
..operation.
FEDERAL
Dated: June 29, 1982 COMMUNICATIONS
fntrtnccrnu
•
pa
.a .if
Of,P
•
I, JARCH FONG EU, Secretary- of State of the State
of California, hereby certif37:
That the annexed transcript has been compared with
the record on pile in this o rice, of which it purports to be
a cope; and that same is full, true and correct.
SE C STATE FORM. CE -.107
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
JUL 1 1982
S� V S.,.,<
r
9
•
CERTIFICATE OF OWNERSHIP AND MERGER
BY
DONKEY. INC.`
ENDORSED
F I L E D
in 1he office of 'Mn Secretory of Slam
of the S" of CoO min
JULI -1982
MARCH FOND EU, Setrelory of Si*
By JAMES E. HARRIS
De"
E. H. Patterson and George 0. Fleier certify that:
1. They are the duly elected and acting Vice President
and Secretary, respectively, of Donrey, Inc., a Nevada corpora-
tion (herein called "Parent ").
2. The Parent owns 1008 of the outstanding shares of
Western Broadcasting Company, Nevada Radio - Television, Inc.,
Northwest Arkansas Broadcasting and Television Company, South-
western Broadcasting Company, Southwestern Operating Company,
West Hawaii Today, Inc., and Progress- Bulletin Publishing
Company, all Nevada corporations; Southwestern Publishing
Company and Springdale Publishing Co -., Inc., Arkansas corpora-
tions; Redlands'Daily Facts and Red Bluff News,* Inc
California corporations; and The Daily World, Inc., a
Washington corporation .(herein called "Subsidiaries ").
3. The Board of Directors of the Parent duly adopted
the following resolution on June 3, 1982:
WHEREAS, it is deemed advisable that each of
the above -named wholly -owned subsidiaries of
Donrey, Inc, be merged into Donrey, Inc., and the
respective laws of the States of Nevada, Arkansas,
California and Washington permit such merger.
RESOLVED, that Donrey, Inc. merge Western
Broadcasting Company,'Nevada Radio- Television,
Inc., Northwest Arkansas Broadcasting and Tele-
vision Company, Southwestern Broadcasting Company,
Southwestern Operating Company, West Hawaii Today, .
Inc., Progress-Bulletin Publishing Company,
Southwestern Publishing Company, Springdale
Publishing Co., Inc., Redlands Daily Facts, Red
Bluff News, Inc., and The Daily World, Inc., its
wholly -owned subsidiaries, into itself and assume
all of the liabilities of such subsidiaries
pursuant to the applicable provisions of the laws
of the States of Nevada, Arkansas, California and
Washington.
RESOLVED, pursuant to the provisions of
NRS 78.486, the President or any Vice President
and the Secretary of Donrey, Inc. be and hereby
are authorized and directed to execute and .file a
certificate of ownership and merger in the office
of the Secretary of State of Nevada, and to take
all such further actions and to execute and
deliver all such further documents as the officers
acting shall determine to be necessary, such
determination to be conclusively evidenced by
their action in the premises.
Executed this r day of June, 1982. at Fort Smith Arkansas.
Each of us declares under penalty of perjury that the
Foregoing is true and correct
Patterson, yi�e President
eorge O. Meier,
0 a_
CITY OF NEWPORT BEACH
a" OFFICE OF THE CITY CLERK
4 C'111F00.H�' (714) 640 -2251
TO: FINANCE DIRECTOR
FROM: Citv Clerk
SUBJECT: Contract No. 2225
Description of Contract Operation /Maintenance of tower
at 16th /Monrovia
Effective date of Contract November 19, 1980
Authorized by Resolution No. 9914/991 adopted on 10 -27 -80
Contract with Western Broadcasting Co. / Hutton Broadcasting Co.
Adress
Amount of Contract see contract
Wanda E. Andersen
City Clerk
WEA:bf
(Copies to Utilities Director for transmittal)
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
0
:, 24, 1980
0
(ITY 0111 NEWPORT BEACH
UTILITIES DEPARTMENT
(714) 640 -2221
11 €WVogl b
KOCM -FM I
#57 Fashion Island
Newport Beach, Ca. 92660
ATTENTION: Mr. Dennis Blackburn
Dear Dennis:
Enclosed for your use are 2 fully executed copies of the following
documents:
1. Assignment of License Agreement, dated
November 19, 1980.
2. License Agreement, dated November 19, 1980
If you have any questions please feel free to call me at (714)
640 - 2220.
Sincerely,
eph'T. Devlin
lit�s Director
OTD :bc
xc: City Clerk
Cliv Hall, • 3300 Ncwpoi -a Boulevard, Ne«poi-t Beach; CallIM -nia 92663
•, ••
ASSIGNMENT OF
LICENSE AGREEMENT
(Hutton Broadcasting, Inc. to
Western Broadcasting Company) '
On this / A��day of j >9 , 1980, the
CITY OF NEWPORT BEACH, hereina ter referred to as "City," HUTTON
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
T
•0
!•
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
FORM:
ty Atbo.rney
HUTTON BROADCASTING, INC.,
m
Its
BY iE3 Elt L %&%- L
Its ,h0c- 5 /e."t -�7-
WESTERN BROADCASTING COMPANY
By
Its Executive Vice President
By
Its Vice esident
Page 3 of 3
BUTTON
WESTERN
to
CITY OF NEWPORT BEACH
UTILITIES DEPARTMENT
TO: CITY CLERK
FROM: Utilities Director
••
November 17, 1980
SUBJECT: NEW LICENSE AGREEMENT AND ASSIGNMENT, FOR RADIO STATION KOCM
Enclosed are three sets of the License Agreement, and three sets of
the Assignment of the License Agreement which have been executed
by'Hutton Broadcasting, Inc., and Western Broadcasting Co.
Please execute the Agreement and the Assignment as authorized
by the City Council on October 27, 1980. Please return two copies
of each document which we will forward to the broadcasting com-
panies.
Enclosures (6)
R
�!L
RESOLUTION NO. 9914
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH CONSENTING TO AN ASSIGNMENT
OF THE LICENSE AGREEMENT FROM HUTTON BROAD-
CASTING, INC., TO WESTERN BROADCASTING COMPANY
FOR THE OPERATION AND MAINTENANCE OF A RADIO
TRANSMITTER AND TRANSMITTING TOWER ON CITY-
OWNED PROPERTY NEAR THE INTERSECTION OF MON-
ROVIA AVENUE AND 16TH STREET, CONTINGENT UPON
FEDERAL COMMUNICATIONS COMMISSION APPROVAL
WHEREAS, on OCT 2 7
by Resolution No.
9 913 , the City Council of the City of Newport Beach
authorized the execution of a License Agreement with Hutton
Broadcasting, Inc., for the use of a radio transmitter, tower and
studio on certain City -owned property on the south side of 16th
Street westerly of Monrovia Avenue in the City of Newport Beach;
and
WHEREAS, Hutton Broadcasting, Inc., has entered into an
agreement with Western Broadcasting Company for the sale of radio
station KOCM; and
WHEREAS, the sale of said radio station to Western
Broadcasting Company is contingent upon approval by the Federal
Communications Commission; and
WHEREAS, Hutton Broadcasting, Inc., has requested that
the City consent to the assignment of said License Agreement from
Hutton Broadcasting, Inc., to Western Broadcasting Company to
maintain the use of the radio transmitter, tower and studio; and
WHEREAS, the City Council has considered the assignment
of the Lease Agreement and found it to be fair and equitable,
r,
LICENSE AGREEMENT
4A
H
j
THIS AGREEMENT, made and entered into this l/ / 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 B,
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;
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.,':
Ndy +er l., 19 0 and extend through October 31y 1997 ,. subject, t#
tetms" of paragraph 9--r-elating to tekminatiorA
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
i
Page 2
4
0
,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 O`.CHERS. 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.
0-
Licensee may not assign or transfer this
license to any person, firm or corporation without the prior
approval of the Newport Beach City Council.
UTILITIES AND TAXES. The ,City will provide water and,
sewer service to the City-owned building housing the KOCM trans-
mitter, without 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.9range County.
8. MAINTENANCE OF FACILITIES. Licensee shall not add to or
expand its existing facilities without first obtaining prior-
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 in 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 use
Page 4
0
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 (90) 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'gi.ving the Licensee twelve (12) months' prior written
notice._
,r. Within thirty (30) days following the effective date of
termina ion, the Licensee shall remove all of its installations,
equipment.and facilities from the City property.
10. This License Agreement shall have the effect of can-
celing and superseding all previous license agreements and
Page 5
L/ r
CITY `
CITY OF NEWPORT BEACH
r T-. ,
City Ilan
3300 W. Newport Blvd,
Area Code 714
DATE February 2, 1979
TO: FINANCE DIRECTOR
FROM: City Clerk
SU &TECT: Contract No, 2068
Description of Contract Assignment of License Agreement (Success Broad-
casting Company to 'Hutton b oa —leas ing ompany - MCM o -
mitter Site.)
Authorized by Resolution No. 9492 adopted on December 20, 1978
Effective date of Contract February 1, 1979
Contract with Hutton Braodcasting Company
Address 57 Fashion Island, Newport Center
Newport Beach, CA 92660
A mount of Contract (see agreement)
-- — Caty ser,
R
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this day of
�z�ev , 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. te-ii 6f''tbite Liiae tfh f m 11 w".Q at
r 1, "1980, and,eztapd through October, 3,34, 19990, 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
1
0 0
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
0 i
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, without 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 in 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
io
0 0
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 L- icensee 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 (90) 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.
10. This License Agreement shall have the effect of can-
celing and superseding all previous license agreements and
Page 5
0
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:
City torney
CITY OF NEWPORT BEACH
A Municipal Corporation
HUTTON BROADCASTING, INC.,
A California Corporation
By
Its
By
Its
Page 6
CITY
LICENSEE
r
' ✓�
- - � a; i
�
HUTTON BROADCASTING, INC.,
A California Corporation
By
Its
By
Its
Page 6
CITY
LICENSEE
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2225
Description of Contract Operation /Maintenance of tower
at 16th /Monrovia
. Effective date of Contract November-19, 1980
Authorized by Resolution No. 9914/991i adopted on 10- 27 -80
Contract with Western Broadcasting Co. / Hutton Broadcasting Co.
Adress
Amount of Contract see contract
Wanda E. Andersen
City Clerk
WEA:bf
(Copies to Utilities Director for transmittal)
City Hall ® 3300 Newport Boulevard, Newport Beach, California 92663
i
RESOLUTION NO. 9913
0
A RESOLUTION OF THE CITY COUNCIL OF NEWPORT
BEACH AUTHORI'Z.ING THE MAYOR AND CITY CLERK TO
EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND HUTTON BROADCASTING,
INC., FOR THE USE AND MAINTENANCE OF THE RADIO
TRANSMITTER AND TRANSMITTING TOWER ON CITY -
OWNED PROPERTY NEAR THE INTERSECTION OF 16TH
STREET AND MONROVIA AVENUE
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain License Agreement between
the City of Newport Beach and Hutton Broadcasting, Inc., for the
use and maintenance of the radio transmitter and transmitting
tower on City -owned property near the intersection of 16th Street
and Monrovia Avenue; and
WHEREAS, the City Council has reviewed the terms and
conditions of said License Agreement and finds them to be
satisfactory and that it would be in the best interest of the
City to execute said License Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the License Agreement above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City
of Newport Beach.
ADOPTED this 27th day of October, 1980.
Mayor
ATTEST:
ty Clerk kv
102280
f t
NAME AND ADDRESS OF AGENCY
MILUM AND ASSOCIATES, INC.
3720 CAMPUS DRIVE
NEWPORT BEACH, CALIFORNIA 92660
TELEPHONE 17141 649 -9952
KOCM- HUTTON BROADCASTING
57 FASHION ISLAND
NEWPORT CENTER
NEWPORT BEACH, CAL. 92660
COMPANIES AFFORDING COVERAGES
COMPANY
LETTER
A
FIREMAN'S FUND INSURANCE
COMPANY
COMPANY
E
•^
~ 0
LETTER
AGGREGATE
Vr
COMPANY
/�
■ �
_^
LETTER
V
J
D
BODILY INJURY
(7nA
LETTERNY
® COMPREHENSIVE FORM LA2894420
1126181
COMPANY
LETTER
C
G
A
. This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstan m y r Tin or non n ■
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies,
P. herei ruble o e
terms. exclusions and conditions of such policies.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLF.S
Re: 951 W. 16th STREET, NEWPORT BEACH, CALIFORNIA - It .i,6 heAeby undeh6tood and agheed
that the CITY OF NEWPORT BEACH i6 %nctuded a6 Addit[onae Named In6uned a6 xupeat6 the
pnem.i,6e6 .located at 951 W. 16th St eet, Newport Beach, Cat.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 1Q__ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER
CITY OF NEWPORT BEACH
3300 Newpoat Boutevand
Newport Beach, Cat i jonvl is 92660
ACORD 25 0
DATE
29, 1980
vm/
Limits of Llab
E
COMPANY
LETTER
TYPE OF INSURANCE POLICY NUMBER
POLICY
EXPIRATION DATE
AGGREGATE
GENERAL LIABILITY
OCCURRENCE
BODILY INJURY
E
E
® COMPREHENSIVE FORM LA2894420
1126181
A
PREMISES— OPERATIONS
PROPERTY DAMAGE
$
$
�-1
ly l EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
PRODUCTS/COMPLETED
ICI OPERATIONS HAZARD
CONTRACTUAL INSURANCE
BODILY INJURY AND
PROPERTY DAMAGE
$1
J(J
P 00.0'
1,000,
BROAD FORM PROPERTY
COMBINED
DAMAGE
INDEPENDENT CONTRACTORS
PERSONAL INJURY
E
PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
E
❑ COMPREHENSIVE FORM
(EACH PERSON)
BODILY INJURY
E
❑
(EACH ACCIDENT)
OWNED
PROPERTY DAMAGE
$
❑
HIRED
BODILY INJURY AND
NON OWNED
PROPERTY DAMAGE
E
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
❑ UMBRELLA FORM
PROPERTY DAMAGE
E
f
❑ OTHER THAN UMBRELLA
COMBINED
FORM
WORKERS' COMPENSATION
STATUTORY
and
EMPLOYERS' LIABILITY
E (E ACCIO[Nn
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLF.S
Re: 951 W. 16th STREET, NEWPORT BEACH, CALIFORNIA - It .i,6 heAeby undeh6tood and agheed
that the CITY OF NEWPORT BEACH i6 %nctuded a6 Addit[onae Named In6uned a6 xupeat6 the
pnem.i,6e6 .located at 951 W. 16th St eet, Newport Beach, Cat.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 1Q__ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER
CITY OF NEWPORT BEACH
3300 Newpoat Boutevand
Newport Beach, Cat i jonvl is 92660
ACORD 25 0
DATE
29, 1980
vm/
■ -�-- -.
0
February 2, 1979
1
CITY OF NEWPORT BEACH
KOM /Hutton'Broadcasting Company, Inc.
57 Fashion Island
Newport Center
Newport Beach, CA 92660
OFFICE OF THE CITY CLERK
(714) 640 -2251
Attached please find an executed copy of the. Assignment of
the License Agreement from Success Broadcasting Company to
yourselves for the use of the radio transmitter and radio
tower near the intersection of Monrovia Avenue and 16th
Street. This agreement was adopted by the City Council
on December 20, 1979 by Resolution No. 9492.
DORIS GEORGE
City Clerk
DG:ct
Encl..
cc: Gerry Bolint
("ICy 11,01 - 3'3)i) Nc vport out n,,ird, ° c : i_ ;r Beach, Callforni.t 92663
a
IrTELEX 674906 (213} 626 -1000
GABLE' SOwALKER' WALKER, SUEEIVAN CO.
INSURANCE BROKERS
LLOYD'S: LONDON. CORRESPONDENTS.
MAILING:ADDRESS P. O. BOX 55012 LOSANGELES90055
To: City of Newport Beach Date: January 26, 1979
3300 Newport Boulevard
Newport Beach, Ca. 92663
Re: KOCM /Hutton Broadcasting, Inc.
Property and Liability Insurance
951 West 16th, Newport Beach, Ca.
We are pleased to enclose:
x ) Binder outlining coverages, as respects captioned location.
O Renewal certificate for attachment to the above policy.
(_) Mortgagee's Policy.
Invoice in the amount of '$
—) Form for your completion. Please sign and return to our office.
O Certificate of Insurance.
(_) Endorsement No+ for attachment to your policy.
(_) Claim draft.
(_) Claims loss run.
Should you have any questions concerning the enclosed, please contact us.
�3y
Sincerely,
W R, SULLIVAN CO.
Encl /mf. / j% }}. aureen Fel man Mr .)
to
6 O O' VJ c.!' ! X i iy 'S TFi.. E -F^f 1 .../ ! iV, C. L.:E. S. . O R R+1 'd A' v ,! -
All,
1 1)
2)
41114SURANCE BINDER
ALKER, SULLIVAN CP
INSURANCE BROKERS
P.O. sox 55012 N2 3326
LOS ANGELES, CALIF. 40055
(213) 62¢1000
FINSURED'S NAME AND MAILING ADDRESS: —1 This Binder is a temporary Insurance Contract
to serve.. as evidence of Insurance pending:
KOCM /Hutton Broadcasting, Inc.
57 Fashion Island
Newport Center
Newport Beach, Ca. 92660
L_
JD Issuance and Delivery of ',a Policy '
❑ Issuance and Delivery of a Renewal Policy
❑ Issuance and Delivery of Endorsement
J ❑ Negotiation Of Rates, Premium or Coverage
THE Fireman's Fund Insurance Company
(NAME OF INSURANCE COMPANY)
is hereby bound to the insured, named above, subject to the conditions set forth below as follows:
DESCRIPTION OF VEHICLES, PROPERTY OR
OPERATIONS AND LOCATIONS
TYPE OF COVERAGE AND INSURED PERILS
AMOUNT OF INSURANCE
OR LIMITS OF LIABILITY
Locations:
PORTFOLIO - PACKAGE
Property: All Risk, $500 Deductible
57 Fashion Island
Tenants Improvements
$ 61,500.
Newport Center
Furnishings
50,000.
Newport Beach, Ca.
Studio Equipment
150,000.
Transmitting Equipment
75,000.
951 West 16th
General Liability, including Broad
Newport Beach, Ca.
Form C.G.L. Endorsement:
Bodily Injury & Property Damage
$1,000,000.
Non-Owned & Hired Auto Liability:
Bodily Injury & Property Damage
1,000,000.
MORTGAGEE OR LOSS PAYEE:Lessor (Loc. 2)
FOLLOWING CLAUSES, SPECIAL CONDITIONS OR
City of Newport Beach
ENDORSEMENTS SHALL APPLY To THIS INSURANCE:
3300 Newport' Boulevard
Neutp rx_Beach _Ca_-926fi3-
Binder Sent To: Es Insured . ❑ Mortgagee or L/P RI Other Lessor
A.M.
Effective: FROM: 12.01 3FvM, January 26, 19 79 TO 12:01 A.M. February 26, 19 79
It is expressly stipulated that this binder is issued (1) subject to all the terms and conditions Of the policy regularly issued by
the Company in the state in which the operation or property is located, which policy is hereby made a part hereof to the same extent
as if fully set forth herein, (2) and to the payment of premium based on published or manual rules and rates which premium, in the
event of loss . before expiration of this binder, shall be fixed at the earned premium for the insurance afforded.
It is a condition of this binder that whenever the Policy of this Company is issued in lieu of its undertaking under this binder, its
obligations hereunder shall cease and be void; provided, however, that this binder shall not continue in force beyond the expiration
date stated herein. This binder is made and accepted subject to the foregoing stipulations and conditions and shall not be valid unless
countersigned by the duly authorized agent of this Company.
This Binder may be cancelled at any time by the Insured by its surrender to the Company or to this agent, or by giving notice to
the Company or to this agent when thereafter the cancellation shall be effective. The Binder may be cancelled by the Company, or by
this agent in behalf of the Company, by mailing to the Insured, at the address shown above, written notice stating when not less than
ten (10) days thereafter such cancellation shall be effective. The mailing of notices as aforesaid shall be sufficient notice. The effec-
tive date of cancellation stated in the notice shall become the end of the binder period. Delivery Of written notice shall be equivalent
to mailing.
When more than one Company is named in this binder, the above stipulations apply separately to each Company.
A premium will be charged for this binder. y
COUNTERSIGNED at:. Los Angeles, Ca.
By
Q IIAAC -ACORD COMMITTEE Form No. 21 -5 4/75
I - 4D ft
ASSIGNMENT OF
LICENSE AGREEMENT
(Success Broadcasting Company to Hutton
Broadcasting Company - KOCM Radio Station
Transmitter Site)
On this / _/_ day of �� =,i � ti1 1979,
the CITY OF NEWPORT BEACH, hereinafter referred to as "City,"
SUCCESS BROADCASTING COMPANY, hereinafter referred tows
"Success," and HUTTON BROADCASTING COMPANY, hereinafter referred
to as "Hutton ":
W I T N S S E T He
WHEREAS, City and Success entered into a License
Agreement dated October 1, 1968, 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, Success has entered into an agreement with Hutton
for the sale of radio station KOCM; and
WHEREAS, the City Council of City on December 20, 1978,
adopted Resolution No. 949 -2, consenting to the transfer of
said License Agreement from Success to Hutton contingent upon
approval by the Federal Communications Commission; and
WHEREAS, said approval.by the Federal Communications
Commission has been received,
NOW, THEREFORE, THE PARTIES AGREE:
1. The License Agreement dated October 1, 1968, between
City and Success is hereby assigned to Hutton under the same
terms and conditions of the License Agreement, not inconsistent
herewith. This assignment does not extend or modify said
License Agreement.
0
2. Hutton 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
Mayor •-
By
RE
CITY
HUTTON
SUCCESS BROADCASTING COMPANY, a
California corporation, agrees to
and consents to this Assignment.
to
-2-
SUCCESS
HRC /kb
1/30/79
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this o r: day of
T; Tr.„ r,_, 1968, by and between the CITY OF NEWPORT BEACH,
a municipal corporation_, hereinafter referred to ;as "City ', and
SUCCESS BROADCASTING COMPANY, a California corporation, hereinafter
referred to as "Licensee1;
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 des-
cribed as-,
The westerly 290 feet of Lot 1013,
Addition to Newport Mesa Tract, as
in Book 8, page 61 of Miscellaneo
of Orange County,
which has improvements thereon consisting of
puap ing stations, and appurtenances and
in the First
per map recorded
as Maps, Records
water reservoirs,
WHEREAS, L.a': ensee has a license from the Federal: Communic -
tions Commission to operate an FM radio station,, and presently
maintains certain of its facilities, including a transmitter and
tow r, at said location, pursuant to a License Agreement with the
City dated February 1G, 1961, which has been subsequently amended;
and
NOW, THEREFORE, the parties agree;
, LICENSE GRANTED, City hereby grants to Lir_ens -ee 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 tc+vver shall not exceed 350 feat in
hai ght, Licensee shall not use the property for any purposes other
tna:, those stated above, cr _xp anG or alter the existing facilities
'I
-_,.
�'qr A
WHEREAS,
City and
Licensee wish to cancel said existing
_icease.Agreerent
and enter
into a new License Agreement
NOW, THEREFORE, the parties agree;
, LICENSE GRANTED, City hereby grants to Lir_ens -ee 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 tc+vver shall not exceed 350 feat in
hai ght, Licensee shall not use the property for any purposes other
tna:, those stated above, cr _xp anG or alter the existing facilities
'I
-_,.
�'qr A
71
M
without prior approval of the Newport Beach City Council.
2. TERM. The term of this License Agreement shall begin on
October 1, 19689 and end on January 31, 1982, 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 $1,800 per year, payable
quarterly in advance, commencing October 1, 1968. Said consideration
shall be subject to a percentage adjustment equivalent to the per-
centage change in the Department of Labor Consumer Price Index for
the Los Angeles- Long Beach region, as determined on the following dates -
October 1, 1973, and October 1, 1978.
4. USE OF FACILITIES BY OTHERS. Licensee may allow the Newport
Beach Cablevision Company to use its existing facilities on the
City property. Licensee agrees to advise City of the charges it
makes to Newport Beach Cablevision Company for the 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 re-
sulting from injury or death to persons or damage to property,
regardless of responsibility and negligence caused by, growing out
of, or occurring in connection with the use of said premises by
Licensee or Newport Beach Cablevision Company, or the construction,
maintenance, repair or removal of Licensee's facilities or equip-
merit thereon.
Licensee agrees to provide and maintain continuously in effect
during the term of this agreement, or during any extension thereon;
public liability insurance with limits of $2009000 for injury to
or death of any one person, and $500,000 for injuries or deaths
occurring at any one accident, and property damage insurance in.
-2-
N it
the amount of $100,0000 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 the City,
5< ASSIMIENT, 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, Licensee shall be responsible for payment
for all utility services used by it, and for all taxes resulting
from the use of said property, including any possessory interest
tax assessed by the County Assessor of Orange County.
8. MAINTENANCE Or FACILITIES. Licensee shall not add to or expand
its existing facilities without first obtaining prior approval of
the Newport Beach City Council., Licensee shall construct all
facilities authorized by the City in compliance with applicable .
laws and ordinances,, and shall, obtain all permits necessary therefor;
Licensee shall maintain all facilities constructed or used by it in
good condition and repair, including the cyclone fence which encloses
that portion of the property used by Licensees
Licensee further agrees that if in the future the City installs
lands -aping in the parkway in front of said property it will main-
tain said landscaping in a manner that is satisfactory to the Parks,
Beaches and Recreation Director,
Licensee further agrees to relocate the lower guy wire support-
ing the existing tower to a higher elevation, in order to provide
safe vehicular access; a visual protective device shall be constructed
around the entire guy wire support,
3e TERMINATION. Both parties reserve the right to terminate this
License Agreement by giving the other .12 months' prior written
notice in advance of the effective date of such termination,
provided, however, that the.City agrees that it will not exercise
its right to terminate this agreement prior to ivovember. 30, 1971,
unless 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 purpose. If the said
City Council determiners that the property is needed for a munici-
pal purpose it will advise Licensee in writing of the use or uses
which it proposes to make of the property. Licensee shall then
ba, allowed 60 days it which to submit a written proposal showing
• method or methods by which the property could be utilized in
• manner which is ccmpatib e with the proposed City uses as well as
those of the Licensee. The City agrees that it will attempt to
work out a mutually satisfactory plan for the joint use of the
property which will allow Licensee to continue to mai.nta.in its
facilities thereon, provided, however, that if the parties are
,j,nable to agree upon a mutually satisfactory pla.n for the joint use
of the property within 90 days after the original notice to the
Licensee of the City °s intent to utilize the property for a munici-
pal purpose, the City may terminate said License Agreement by
giving the Licensee i2 months' prior written notice.
Within 30 days following the effective date of termination
the licensee shall remove all of its installations, egUpment and
facilities from the City property,
10. This License Agreemer_t shall have the effect of canceling and
superseding all previous license agreements and amendments thereto
between these parties,
IN WITNESS WHEREOF, the parties hereto have executed
4-
this agreement as of the day and year first above written.
CITY OF NEWPORT BEACH �
Mayor
Attest:
city Cleric
/ C ITY
SUCCESS BROADCASTING COMPANY
l
By. Lt+ °.�.d .rlr 14>z'
- -- Presi Ent
Attest,
Secretary
LICENSEE
-5-
RESOLUTION NO. 9 49 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH CONSENTING TO AN ASSIGNMENT
OF THE LICENSE AGREEMENT FROM SUCCESS BROAD-
CASTING COMPANY TO HUTTON BROADCASTING COMPANY
FOR THE USE OF THE RADIO TRANSMITTER AND RADIO
TOWER NEAR THE INTERSECTION OF MONROVIA AVENUE
AND 16TH STREET, CONTINGENT UPON FEDERAL
COMMUNICATION COMMISSION APPROVAL
WHEREAS, on September 23, 1968, by Resolution No.
6874, the City Council of the City of Newport Beach authorized
the execution of a License Agreement with Success Broadcasting
Company for the use of a radio transmitter, tower and studio
on certain City -owned property on the south side of 16th Street
westerly of Monrovia Avenue in the City of Newport Beach; and
WHEREAS, Hutton Broadcasting Company has entered into
an agreement with Success Broadcasting Company for the sale of
radio station KOCM; and
WHEREAS, the :sale of said radio station to Hutton
Broadcasting Company is contingent upon approval by the Federal
Communication Commission; and
WHEREAS, Hutton Broadcasting Company has requested that
the City consent to the assignment of said License Agreement from
Success Broadcasting Company to Hutton Broadcasting Company to
maintain the use of the radio transmitter, tower and studio; and
WHEREAS, the City Council has considered the assignment
of the Lease Agreement and found it to be fair and equitable,
NOW, THEREFORE, BE IT RESOLVED that said License
Agreement shall be assigned from Success Broadcasting Company
to Hutton Broadcasting Company at such time as the Federal
Communication Commission approves the transfer of radio statio
KOCM from Success Broadcasting Company to Hutton Broadcasting
Company.
I
0
BE IT FURTHER RESOLVED that the Assignment of
License Agreement may be executed by the Mayor and City Clerk
at such time as the Federal Communication Commission has
approved said assignment.
ADOPTED this Ok0 day of De- C kV rn 10 2V- , 1978.
ATTEST:
City Clerk
Mayor
-2-
HRC /kb
12/13/78
CITE' OF NEWPORT BEACH
VV'
0 e
May 21, 1981 (a
Mr. George O. Kleier
Donrey Media Group -
PO Box 1359
Ft. Smith,, Arkansas 72902
Dear Mr. Kleier:
OFFICE OF THE CITY ATTORNEY
(714) 640 -22.01
This is in response to your letter of May 13, 1981, addressed to
the Honorable Jacqueline E. Heather, Mayor of the City of Newport
Beach.
We have reviewed the License Agreement dated November 19, 1980,
between the City of Newport Beach and Hutton Broadcasting, Inc.,
and the Assignment executed on that same date.
We are aware of the inaccuracy of dates, but feel this does not
affect the License Agreement in any regard. We understand that
the actual close of sale occurred on April 15, 1981 at 12:01 a.m.
We also see no problem with this minor inaccuracy regarding the
dates and feel that it is not necessary to amend the License
Agreement or Assignment. The City is bound by the License
Agreement and Assignment, regardless of the date inaccuracy.
Should you have additional questions regarding this matter,
please don't hesitate to contact me.
Very truV urs,
ugh t 1
HRC /pr
cc. Mayor
City Manager
City Clerk ✓�/
Dennis Blackburn
General Manager KOCM
City II Il • "1300 1\e%cI)011 BOUIccard, NcwI)ort Bczwh, 92663
!•
U CT Al 1590 CITY OF NEWPORT BEACH
taa ciff C'OURC41- UTILITIES DEPARTMENT
CITY 06 b"Mm MW
To: The Honorable Mayor and
Members of City Council
From: Utilities Director
Subject: New License Agreement with KOCM
Recommendations:
DISCUSSION•
October 27, 1980
Item Nos.
H -2(i) and O
1. Adopt a resolution approving a License Agreement
with Hutton Broadcasting, Inc.
2, Adopt a resolution approving an assignment of a
License Agreement from Hutton Broadcasting, Inc
to Western Broadcasting Company
3, Authorize the Mayor and City Clerk to execute both
the new License Agreement and the Assignment of
License Agreement
At the present time the KOCM radio station maintains and operates
a 320 -foot high radio tower and transmitter over a portion of the
City Water Yard at 949 W. 16th Street. Use of the property is
covered by an existing License Agreement with Hutton Broadcast-
ing, Inc. (Resolution No. 9492). Hutton Broadcasting, Inc., has
entered into an agreement of sale for radio station KOCM with
Western Broadcasting Company. In an effort to complete the sale,
Hutton Broadcasting, Inc., has requested that (1) their existing
License Agreement be extended and (2) the License Agreement be
assigned to Western Broadcasting Company contingent upon approval
of the sale by the Federal Communications Commission.
October 27, 1980
Page 2
New License Agreement with KOCM
The property has been used for broadcasting purposes since 1961
when the City executed a License Agreement with Newport -Costa
Mesa Broadcasting (KNBB),
On December 31, 1963, the license was assigned from'`Newport =Costa
Mesa Broadcasting to Success Broadcasting Company (KOCM).
On October 1, 1968, a new License Agreement was entered into with
Success: Broadcasting Company and the term was extended to Janu-
ary 31, 1982,
On February 1, 1979, the license was assigned from Success
Broadcasting Company to Hutton Broadcasting, Inc.
The current license provides for a payment of $2,565.00 per year
for use of the property and building.
The proposed agreement will end on November 1, 1997, and initi-
ally provides for payment of $3,000.00 per year. The amount was
established by George Hamilton Jones, MAI, as being a fair market
value for the joint use of the City property (see attached let-
ter). The agreement further provides that the consideration be
subject to a percentage adjustment in 1985, 1990 and 1995, based
on the Consumer Price Index,
,. bseph T. Devlin
JTD /kv
rya
A 7
i
OFFICE.. TELEPHONE
4714).673 -0733
GEoaGE HATIULTON TONES. M.A.I.
APFRAItiAL CONSULTANT
717 LIDO YARN DRIVE
NEWPOk1'i UEACU. CALIFORNIA 02603
September 30, 1980
Mr. Robert L. Wynn
City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Mr. Dennis 10. Blackburn
General Manager
KOCM FM Stereo 103.1
57 Fashio Island
Newport Beach, California 92660
Gentlemen;
MEMBER
AMERICAN INSTITUTE OF
HEAL. ESTATE APPRAISERS
tI "03a 0
w >�„
0xach
tay or c e
Re: Estimated Fair Rental
Value (License) Tower
and Transmitter Site -
16th Street West of Mon-
rovia, Newport Beach
In accordance with your request and authorization on August 15,
1980, I have made an investigation in order to form an opinion of the
fair rental or consideration for a 12 year license to operate and main-
tain the existing radio tower and transmitter upon the subject, in ac-
cordance with the license agreement. Date of value is current.
The subject site is currently used in joinder 'with the City in
the manner shown on the sketch attached.
The tower facility itself is situated adjacent to the reservoir and its
base is enclosed with an 8' - 101 high chain link fence. It occupies t 600
of surface area. One of the guy wire bases is situated in the setback
area just inside the sidewalk line. The other two bases are within 25'
and 90' of the ± 150' diameter concrete City reservoir. Each of the
bases occupy less than 60 of land area.
There is a 20' x 301, or 600, one story radio building located be-
tween the, reservoir and the City yard's block wall. It is one story
board and batten construction, with concrete foundation and floor slab
and built -up compo and grave]. gable roof. It is accessible from a gated
break in the yard wall.
The guy wire bases extend ± 3' above ground surface,
above which
is an 8' - 10' high steel I'll"
beam, to which
the guy wires are connected.
The wires therefore place no
restrictions on
land area below
them. Either
by size or location, the guy
wire bases and
building do not
currently af-
fect the utility of the larger
parcel of which
it is part.
y
Mr. Robert L. Wynn
Mr. Dennis M. Blackburn
September 30, 1980
Page 2
Total land area coveted by the radio facility is less than 7500
of the 86,687r portion c,.; Lhu City yard within which it is situated.
INVESTIGATION:
Your appraiser has inspected the site, reviewed the condi-
tions of the license, and interviewed Mr. Blackburn relative to
the existing and p<i._t a ,';e Of tho site.
Inquiry was made o[ certain informed persons as to the
rates paid under lease or license agreement for .similar facilit-
ies.
Those interviewed included, in part, Pat Michaels of KWIZ,
Jim Hardin of KACN, and Bob Mohr of Advanced Electronics,
who has considerable experience in obtaining such agreements
throughout the state.
I have also studied the economics of the rights being li-
censed in relation to the value of the surface area and the
air space being utilized.
In all studies, the difference between a license and the
more secure lease agreement is recognized.
As a result of the investigation, and based upon my experience
as an independent appraiser familiar with valuation of fractional in-
terests of rights in real property, I am of the opinion that the fair
consideration for the proposed license agreement (as summarized on
the attached sheet) is $3,000.00 /year payable quarterly in advance.
CONCLUSION .... ............................... .. $3, 000 /year
Since you have asked only for a letter stating my opinion and
the investigation involved in its formation, I have held factual data,
computations, and interviews in my files. They are available for your
review at any time.
/jjr
a
_ F
DATE:
is
0
SUMMARY OF LICENSE AGREEMENT
November 1, 1980
PREMISES:
Wily 290' of Lot 1013, first Addn. to Newport Mesa Tract,
Map Book 8, Page 6l, of M. M;, Orange County. Now used as
corporate yard and reservoir site for City of Newport Beach.
PRIOR LICENSE:
February 14, 1961.
PURPOSE:
To maintain and operate existing 320' radio tower and trans-
mitter. No expansion or alteration without approval of City Coun-
cil.
-TERM:
November 1, 1980 to November 1, 1992 (12 years).
CONSIDERATION:
To be
determined, but
payable
quarterly in advance. C- P'
adjustment
to be applied on
5th and
10th years.
USE BY OTHERS.
By Teleprompter only; their charges to be reported W City'
Any other use requires City Council approval.
LIABILITY INSURANCE:AND HOLD HARMLESS:
By licensee $200,000/$500,000.
ASSIGNMENT:
Not without City Council approval.
UTILITIES_.AND TAXES:
Water and sewer by City; balance by licensee.
Taxes by licensee.
Lf
�.i
61 ® •
MAINTENANCE OF FACILITIES:
By licensee. Licensee to share in cost of drainage, sewer
and improvement of appearance around building.
TERMINATION:
By either party w1t:h.in 12 months notice. If any change in
use by City, licensee may submit proposal to show how joint. use
can he maintainers. If not acceptable, City may cancel license 90
days after notific�ition.
v^ ... Sf IFEE T --4
7 $IXTEENrN
s
' 32
A(ARCH 1-951 NEWPORT MESA M. M• M• 5 -�
NO T£ - ASSESSOR'S BLOCK B ASSESSORS MAP
PARCEL MAPS P. M 28-34.38-45 PARCEL NUMBERS BOOK116 PALE 31
SHOWN IN CIRCLES COUNTY Of ORANQ
!t
L
Rill
n
V
r�
M
424 -14
i OL
j MONROVIA
424 -15
__j(_=
l` •' FOO'
424 =�
AVENUE 7 \
16th
STREET
C;
f3LDCK WALL
GUY
.-RADIO BLDG.
TOWER
RESERVOIR SHOP
.SCALE 1":40'
GUY
STORAGE BLDG,
LADM, B1 DG,
SHOP a STORAGE BLDG.
• s
OCT zY 19e0
RESOLUT -ION NO.
gT the C17y COUNCIL
CITY. 00 BIYf1!Oltt
A RESOLUTION OF THE CITY COUNCIL OF NEWPORT
BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND HUTTON BROADCASTING,
INC., FOR THE USE AND MAINTENANCE OF THE RADIO
TRANSMITTER AND TRANSMITTING TOWER ON CITY -
OWNED PROPERTY NEAR THE INTERSECTION OF 16TH
STREET AND MONROVIA AVENUE
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain License Agreement between
the City of Newport Beach and Hutton Broadcasting, Inc., for the
use and maintenance of the radio transmitter and transmitting
tower on City -owned property near the intersection of 16th Street
and Monrovia Avenue; and
WHEREAS, the City Council has reviewed the terms and
conditions of said License Agreement and finds them to be
satisfactory and that it would be in the best interest of the
City to execute said License Agreement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the License Agreement above
described is approved, and the Mayor and City Clerk are hereby
authorized and directed to execute the same on behalf of the City
of Newport Beach.
ADOPTED this 27th day of October, 1980.
Mayor
ATTEST:
S
City Clerk kv
102280
OCT 27 1980
RESOLUTION NO.
B Y the CITY COUNCIL l J�
CITY. OF N&OW BEACH
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH CONSENTING TO AN ASSIGNMENT
OF THE LICENSE AGREEMENT FROM HUTTON BROAD-
CASTING, INC., TO WESTERN BROADCASTING COMPANY
FOR THE OPERATION AND MAINTENANCE OF A RADIO
TRANSMITTER AND TRANSMITTING TOWER ON CITY -
OWNED PROPERTY NEAR THE INTERSECTION OF MON-
ROVIA AVENUE AND 16TH STREET, CONTINGENT UPON
FEDERAL COMMUNICATIONS COMMISSION APPROVAL
WHEREAS, on
the City Council of the
authorized the execution of a License
Broadcasting, Inc., for the use of a
studio on certain City -owned property
Street westerly of Monrovia Avenue in
and
k,:2 (� )
by Resolution No.
City of Newport Beach
Agreement with Hutton
radio transmitter, tower and
on the south side of 16th
the City of Newport Beach;
WHEREAS, Hutton Broadcasting, Inc., has entered into an
agreement with Western Broadcasting Company for the sale of radio
station KOCM; and
WHEREAS, the sale of said radio station to Western
Broadcasting Company is contingent upon approval by the Federal
Communications Commission; and
WHEREAS, Hutton Broadcasting, Inc., has requested that
the City consent to the assignment of said License Agreement from
Hutton Broadcasting, Inc., to Western Broadcasting Company to
maintain the use of the radio transmitter, tower and studio; and
WHEREAS, the City Council has considered the assignment
of the Lease Agreement and found it to be fair and equitable,
0
NOW, THEREFORE, BE IT RESOLVED by the City Council.gf
the City of Newport Beach that said License Agreement shall be
assigned from Hutton Broadcasting, Inc., to Western Broadcasting
Company at such time as the Federal Communications Commission
approves the transfer of radio station KOCM from Hutton
Broadcasting, inc., to Western Broadcasting Company and such
transfer is completed.
BE IT FURTHER RESOLVED that the assignment of said
License Agreement may be e- xecuted by the Mayor and City Clerk at
such time as the Federal Communications Commission has approved
the transfer of radio station KOCM to Western Broadcasting
Company and such transfer has been completed.
ADOPTED this day
ATTEST:
City Clerk
Mayor
Page 2
, 1980.
kv
102280
DEC 20 1979
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
h ow ar CO BEA
CITY OF Jff*V 11 CH December 20, 1978
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
COUNCIL ITEM NO. H -2(c)
SUBJECT: ASSIG1dMENT OF THE LICENSE FOR THE KOCM RADIO STATION FROM SUCCESS
BROADCASTING COMPANY TO HUTTON BROADCASTING COMPANY.
Background
The City of Newport Beach owns a parcel of land containing approximately 1.99
acres, which is located on the south side of 16th Street, westerly of Monrovia
Avenue. This is the site of the City Utilities Yard and water reservoir.
On February 14, 1961 the City entered into a License Agreement with Newport- Costa Mesa
Broadcasting Company for the utilization by that radio station of a small portion
of the subject property for transmitting purposes. In 1963 the Agreement was
amended to reflect the change in Company name to Success Broadcasting, The
Success Broadcasting. Company is the current licensee.
Current Agreement
On October 1, 1968 the License Agreement, which is now in effect, was adopted.
(Attachment 1). Under the terms of this Agreement, Success Broadcasting
operates Radio Station KOCM from a transmitting facility housed in a small building
owned by the City. In addition, a radio tower is located on the site. (Attachment 2).
The City receives $2,200 per year from the Station for use of the site. This
reflects an upward adjustment in the original rate based upon the Consumer Price
Index. The current Agreement is scheduled for termination on January 31, 1982 with
no provision made for automatic renewal.
Request for Assignment of License Agreement
Paragraph 6 of the Agreement provides that the License may not be assigned to
another party without prior City Council approval, In a letter from Success Broad-
casting, dated December 11, 1978 (Attachment 3), it is requested that the License
be assigned to Hutton Broadcasting Company within the next 90 days to coincide
with Federal Communications Commission approval. Hutton Broadcasting Company,
which is currently located in the City of Orange, proposes, upon FCC and City
approval, to move their operation into the KOCM facilities and to operate under
the terms and conditions of the existing Agreement.
TO: MAYOR AND CITY COUNCIL - 2
Recommendation
It is recommended that the City Council approve the assignment of the License
for the operation of Radio Station KOCM to Hutton Broadcasting Company, subject
to FCC approval, through the adoption of Resolution No. It is further
recommended that the existing terms and conditions of the Agreement remain in
force. When the termination date of January 31, 1982 approaches, the City will
be afforded an opportunity to thoroughly review the License Agreement and to
determine whether, and under what ,conditions, renewal should be considered.
ROBERT L. WYNN
RLW:GB:jmb
Attachments (3)
3
LICENSE AGREEMENT
l
THIS AGREEMENT, made and entered into this day of
19689 by and between the CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "City ", and
SUCCESS BROADCASTING COMPANY, 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 des-
cribed 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
WHERFAS9 L censee 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, City and Licensee wish to cancel said existing
License Agreement and enter into a new License Agreement;
NOW, THEREFORE, the parties agree.
I< 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 350 feet in
height. Licensee shall not use the property for any purposes other
than those stated above, or expand or alter the existing facilities
-I-
ATTACHMENT 1
_..
+4
without prior approval of the Newport Beach City Council.
2. TERM. The term of this License Agreement shall begin on
October 1, 19689 and end on January 31, 19828 subject to the
terms of Paragraph 9 relating to termination.
34 CONSIDERATION. In consideration of the license hereby granted,
Licensee agrees to pay City the sum of $1,800 per year, payable
quarterly in advances commencing October 1, 1968. Said consideration
shall be subject to a percentage adjustment equivalent to the per-
centage change in the Department of Tabor Consumer Price Index for
the Los Angeles -Long Beach region, as determined on the following dates;
October 1, 1973, and October 1, 1978.
4. USE OF FACILITIES BY OTHERS. Licensee may allow the Newport
Beach Cablevision Company to use its existing facilities on the
City property, Licensee agrees to advise City of the charges it
makes to Newport Beach Cablevision Company for the 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 re-
suiting from injury or death to persons or damage to property,
r
regardless of responsibility and negligence caused by, growing out
of, or occurring in connection with the use of said premises by
Licensee or Newport Beach Cablevision Company, or 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 $200,000 for injury to
or death of any one person, and $500,000 for injuries or deaths
occurring at any one accident, and property damage insurance in
-2-
5
the amount of $100,000. 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 the City.
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. Licensee shall be responsible for payment
for all utility services used by it, and for all taxes resulting
from the use of said property, including 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 construct all
facilities authorized by the City in compliance with applicable
laws and ordinances, and shall obtain all permits necessary therefor.
Licensee shall maintain all facilities constructed or used by it in
good condition and repair, including the cyclone fence which encloses
that portion of the property used by Licensee.
Licensee further agrees that if in the future the City installs
landscaping in the parkway in front of said property it will main-
tain said landscaping in a manner that is satisfactory to the Parks,
Beaches and Recreation Director.
Licensee further agrees to relocate the lower guy wire support-
ing the existing tower to a higher elevation, in order to provide
safe vehicular access; a visual protective device shall be constructed
around the entire guy wire support.
9. TERMINATION. Both parties reserve the right to terminate this
-3-
d
License Agreement by giving the other 12 months° prior written
notice in advance of the effective date of such termination, .
provided, however, that the City agrees that it will not exercise
its right to terminate this agreement prior to November 30, 1971,
unless 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 purpose. If the said
City Council determines that the property is needed for a munici-
pal purpose it will advise Licensee in writing of the use or uses
which it proposes to make of the property. Licensee shall then
be allowed 60 days in which to submit a written proposal showing
a method or methods by which the property could be utilized in
a manner which is compatible with the proposed City uses as well as
those of the Licensee„ The City agrees that it will attempt to
work out a mutually satisfactory plan for the joint use of the
property which will.. 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 the joint use
of the property within 90 days after the original notice to the
Licensee of the City's intent to utilize the property for a munici-
pal purpose, the City may terminate said License. Agreement by
giving the Licensee 12 months' prior written notice.
Within 30 days following the effective date of termination
the Licensee shall remove all of its installations, equipment and
facilities from the City property,
10. This License Agreement shall have the effect of canceling and
superseding all previous license agreements and amendments thereto
between these parties.
IN WITNESS WHEREOF, the parties hereto have executed
m4®
this agreement as of the day and year first above written.
CITY OF NEWPORT BEACH
By-
Mayor
Attests
City Clerk
C ITY
SUCCESS BROADCASTING COMPANY
Bys
Pres ent
Attests
Secretary
LICENSEE
mg®
33 36
MONROVIA
j 272
yy s
N
H
Z
W
U
N
CA
Q
AV
s t0 /7
IO
• Itl '
... ..,.. .,.. <. ..w..a.::sz.�AZn -. . it ».4.E.r�. :ate>�4QrS's;.e.n"4zG `� m�. «mi6t@.cr.,F.,..�ai.,� _.::;s. �i5�'2fv.� Lk�», x, r: ai. a. 6y,< s£:.. :5ra#.E�..u.:..t'ukei:u`.•4ex«� �...z«a':i,.i.x � 1 u,:3,:,., �w s ' ..... .. . ..... � y _rd> , ;f -. x
-I
L
/[
W
z
h
^
m
N
U:
rn
o
/P
b
h
S
6
O.
f�
33 36
MONROVIA
j 272
yy s
N
H
Z
W
U
N
CA
Q
AV
s t0 /7
IO
• Itl '
... ..,.. .,.. <. ..w..a.::sz.�AZn -. . it ».4.E.r�. :ate>�4QrS's;.e.n"4zG `� m�. «mi6t@.cr.,F.,..�ai.,� _.::;s. �i5�'2fv.� Lk�», x, r: ai. a. 6y,< s£:.. :5ra#.E�..u.:..t'ukei:u`.•4ex«� �...z«a':i,.i.x � 1 u,:3,:,., �w s ' ..... .. . ..... � y _rd> , ;f -. x
9
1
RADIO COCM 1 STEREO 103.1 FM 1 ORANGC COUNTY MUSIC
December 11, 1978
Mayor Paul Ryckoff
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mayor Ryckoff:
Success Broadcasting Company has entered into an agreement with Hutton
Broadcasting Company for the sale of radio station KOCM.
On October I, 1968, Success Broadcasting entered into a license agree-
ment with the City of Newport Beach for partial joint use of city owned
land on West 16th Street for KOCM's radio tower. In accordance with
paragraph 6 of that agreement we respectfully request city council approval
for assignment of this license to Hutton Broadcasting effective sometime
within the next 90 days to coincide with the Federal Communications
Commission approval.
Sincerely,
SUCCESS BROADCASTING COMPANY
Gary W. Buff ill,
President
ATTACHMENT 3
• • • UCCESS BROADCASTING' COMPANY s 57 FASHION ISLAND. NEWPORT CENTER, NEWPORT BEACH, CALIF. •
92660 •
S (714) 644 -2727
Policy No. MP 265 63 32
Name
Inured
Success Broadcasting Company
City of Newport Beach
CERTIFICATE OF INSURANCE FOR LEASE OF CITY PROPERTY
This is to certify that the Fireman's Fund Insurance Company
(Name of Company or Organization)
of San +a Ana rn1ifnrnia
(Address of Company or Organization)
has issued to SUCCESS BROADCASTING COMPANY
(Name of Insured)
57 FASHION ISLAND, NEWPORT BEACH, CALIFORNIA
(Address of I
The policy of Liability Insurance described herein, which by the attachment of the City Property Endorsement has been changed in
accordance with the terms of the Endorsement. Coverages and limits of liability under the policy are not less than:
BODILY INJURY PROPERTY DAMAGE
#100,000 each person $50,000 each person
$300,000 each occurrence $50,000 each occurrence
CITY PROPERTY ENDORSEMENT
This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions
of the lease, rental or other agreement entered into between the insured as Lessee and the City of Newport Beach as Lessor..
The Company or Organization amends the policy described herein as follows:
1. if the policy is cancelled or changed so as to affect the coverages, at least fifteen (13) days prior written notice of such
cancellation or change will be sent to the Lessor, City of Newport Beach, c/o City Manager, 3300 Newport Boulevard,
Newport Beach, California 92660.
2. The Lessor City of Newport Beach, its officers, and employees are hereby declared to be additional insureds in the policy
described' insofar as they may be held liable for injuries, deaths, or damage to property occuring in or about the leased
premises including negligence of the city and the company waives any right of contribution which it may have against any
other insurance carrier by the additional insureds.
INSURANCE REQUIREMENT
Lessee shall, at his own expense, take out and keep in force during the within tenancy, public liability insurance, in a company or
companies to be approved by the Lessor; to protect the City of Newport Beach, its officers and employees against any liability,
including negligence of the City, to any person incident to the use of, or resulting from injury to, or death of, any person occuring in,
or about the demised premises, in the amount of not less than $100,000.00 to insure against the claim of one person; in the amount of
not less than $300,000.00 against the claims of two or more persons resulting from any one accident; and $50,000.00 for damage to
property.
Said policies shall obligate the insurance carriers to notify the Newport Beach City Manager in writing, not less than fifteen (15) days
prior to the cancellation thereof, or any other changes affecting the coverage of the policies.
Lessee shall furnish as proof of public liability insurance, a fully executed copy of City form, "Certificate of Insurance for Lease of
City Property" and "City Property Endorsement." Lessee agrees that, if Lessee does not keep such insurance in full force and effect,
Lessor may take out insurance and pay the premiums thereon, and the repayment thereof shall be deemed to be additional rental.
This endorsement countersigned by an authorized representative of the Company or Organization becomes applicable endorsement
number 2
Effective Date of Policy: January 1 1975 Expiration Date of Policy: January 1, 1976
Dated: April 1, 19 75 at Newport Beach, California
(City) (State)
Name of Agent or Broker: Milum /Garvey Insurance Brokers,, Inc.
Address of Agent or Broker: 1617 Westcliff Drive, Suite 04, 40w -
o>r chr _gaZifornia
Countersigned By: MILUM /GARVEY INSURANCE BROKERS, co
IMPORTANT — THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF NEWPORT BEACH
OFFICE OF "rHE MANAGER
August. 1972
3 3� 07"
Policy No: M %P 160 77' 21.
Name SUCCESS BROADCASTING COMPANY,, A CALIF, CORP.,
Insured DBA: RADIO STATION KOCH & GARY' BURRILL, AN IND.
City of Newport Beach,
CERTIFICATE OF INSURANCE FOR LEASE OF CITY PROPERTY
This is to certify that the FIREMAN'S FUND AMERICAN
(Name of Company or Organization)
of 1950 'EAST 17TH STREET, SANTA ANA, CALIFORNIA
(Address of Company or Organization)
SUCCESS BROADCASTING COMPANY, A CALIFORNIA CORPORATION,
hasissuedto DRS- RADLQ STATTIIN Trn (IM x rARY R7TRRTTL$ AN TNnrVTnUAT
(Name of Insured)
57•FASHION ISLAND NEWPORT BEACH CALIFORNIA 92660
(Address of Insured)
The policy of Liability Insurance described herein, which by the attachment of the City Property Endorsement has been changed in
accordance with the terms of the Endorsement. Coverages and limits of liability under the policy are not less than:
BODILY INJURY PROPERTY DAMAGE
$100,000 each person $50,000 each person
$300,000 each occurrence $50,000 each occurrence
CITY PROPERTY ENDORSEMENT
This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions
of the lease, rental or other agreement entered into between the insured as Lessee and the City of Newport Beach as Lessor.
The Company or Organization amends the policy described herein as follows:
If the policy is cancelled or changed so as to affect the coverages, at least fifteen (15) days prior written notice of such
cancellation or change will be sent to the Lessor; City of Newport Beach, c/o City Manager, 3300 Newport Boulevard,
Newport Beach, California 92660.
2. The Lessor City of Newport Beach, its officers; and employees are Hereby declared to be additional insureds in the policy
described insofar as they may be held liable for injuries, deaths, or damage to property occuring in or about the leased
premises including negligence of the city and the company waives any right of contribution which it may have against any
other insurance carrier by the additional insureds.
INSURANCE REQUIREMENT
Lessee shall, at his own expense, take out and keep in force during the within tenancy, public liability insurance,, in a company or
companies to be approved by the Lessor, to protect the City of Newport Beach, its officers and employees against any liability,
including negligence of the City, to any person incident to the use of, or resulting from injury to, or death of, any person occuring in,
or about the demised premises, in the amount of not less than $100,000.00 to insure against the claim of one person; in the amount of
not less than $300,000.00 against the claims of two or more persons resulting from any one accident; and $50,000.00 for damage to
property.
Said policies shall obligate the insurance carriers to notify the Newport Beach City Manager in writing, not less than fifteen (15) days
prior to the cancellation thereof, or any other changes affecting the coverage of the policies.
Lessee shall furnish as proof of public liability insurance, a fully executed copy of City form, "Certificate of Insurance for Lease of
City Property" and "City Property Endorsement." Lessee agrees that, if Lessee does not keep such insurance in full force and effect,
Lessor may take out insurance and pay the premiums thereon, and the repayment thereof shall be deemed to be additional rental.
This endorsement countersigned by an authorized representative of the Company or Organization becomes applicable endorsement
number 1N1 #31
Effective Date of Policy: _.J .11-1.17 9, Expiration Date of Policy: 111 /75
Dated: 3/6/73 19. 73 at SANTA ANA, CALIFORNIA
(City) (State)
Name of Agent or Broker: MTT.TTM— CARVEY INSURANCE BROKERS'
Address of Agent o
Countersigned By:
IMPORTANT- THIS FORM IS THE ONLY CERTIFICATE OF INSURANCE ACCEPTABLE TO T14E CITY OF NEWPORT BEACH
OFFICE OF THE MANAGER
Augur. 1972
1
JAN 14 197f
RESOLUTION NO. $ $
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH COMMENDING KOCM RADIO STATION
WHEREAS, the Federal Communications Commission
granted the call letters KOCM Radio on February 1, 1964; and
WHEREAS,. KOCM, the only Radio Station licensed in
Newport Beach, is continually striving to provide a balanced
program structure giving substantial community and civic
allocations; and
WHEREAS, because of its continuing interest in
community service on all levels, KOCM Radio has been honored
with many awards and citations;. among these, The National
Foundation, March of Dimes, for Outstanding Leadership; The
Lions Club Award for International Service; The Orange County
Management Council's Outstanding Service Award; The American
Heart Association Distinguished Service Award; The California
Exchange Clubs Outstanding Civic Leadership Award; The Freedoms
Foundation at Valley Forge Outstanding Radio Award; and
WHEREAS, KOCM Radio and its entire staff is keenly
aware of its responsibilities to the community in which it
serves; and
WHEREAS, GARY W. BURRILL, PRESIDENT AND GENERAL MANAGER
OF KOCM, has served his community in many active roles; The
Newport Balboa Rotary Club, Harbor Area Boys' Club, Orange
Coast College Advisory Board, Harbor Area United Way, Commodores
Club of Newport Harbor, Orange Coast YMCA, Newport Harbor
Chamber of Commerce, Costa Mesa Chamber of Commerce, Century
Club of the Orange Empire of Boy Scouts of America, Volunteer
Bureau of Southern Orange County, Charter Member -552 Club of
Hoag Hospital, Advisory Board of KOCE -TV, Orange County's
Educational Station, Trustee of the Newport Harbor Foundation,
Town Hall of California, World Affairs Council of Orange County,
Recipient of the Silver Anchor Award for Community Service, and
the Man of the Year Award from the Orange County Advertising
Council; and
-1-
• 1
WHEREAS, during September of 1973, a. chemical storage
tank in Long Beach was ruptured and toxic gas was released
into the atmosphere, imposing some threat to the life and
safety of the inhabitants of Newport Beach; and
WHEREAS, KOCM served as a source o.f information for
City residents and permitted City representatives to freely
use the facilities at KOCM to broadcast public information
concerning the nature and extent of the released toxic gas,
and by doing so, resolved a grave public problem.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that Radio Station KOCM and its
President, Gary W. Burrill, are hereby commended for their
valuable service to Newport Beach and the surrounding
communities;
BE IT FURTHER RESOLVED that KOCM collectively, and
the staff of KOCM individually, be congratulated for their
efforts and contributions on behalf of the City of Newport
Beach;
BE IT FURTHER RESOLVED that Radio Station KOCM is
hereby commended for its ten -year anniversary of the granting
of its call letters by the Federal Communications Commission
on February 1, 1964.
ADOPTED this 14th day of January, 1974.
ATTEST:
City Clerk
Mayor
-2- 1/10/74
FIREMAN'S
FUND
AMERICAN
INSURANCE COMPANIES
OMAN'S FUND INSURANCE COMPANY
AMERICAN INSURANCE COMPANY
❑ NATIONAL SURETY CORPORATION
❑ ASSOCIATED INDEMNITY CORPORATION
❑ AMERICAN AUTOMOBILE INSURANCE COMPANY
TTO-
CITY.OF NEWPORT BEACH
NEWPORT BEACH, CALIFORNIA
DATE 1- .21 -72
>6ac At
an
JA IV ,l 7
M.gNCG �z
urr Ce N„ ER i5
AFACII
L J
THIS IS TO CERTIFY THAT THE COMPANY OR COMPANIES CHECKED ABOVE HAVE IN FORCE AS OF THE DATE HEREOF THE FOLLOWING
�G
DR. POLICIES:
NAME AND ADDRESS OF INSURED OR EMPLOYER LOCATION OF PROPERTY. DESCRIPTION OF OPERATIONS, BUSINESS CONDUCTED
r*QAS„B DCA=AG GONPANY, A CALIFORNIA ALL OPERATIONS OR PRODUCTS OF THE
CORPORATION DBA: RADIO STATION KOCM AND NAMED INSURED
GARY BURRILL, AN INDIVIDUAL
57 FASHION ISLAND, NEWPORT BEACH, CA. 92660
KIND OF INSURANCE
POLICY NUMBER
EXPIRATION
LIMITS OF LIABILITY
WORKMEN'S COMPENSATION
STATUTORY
EMPLOYERS' LIABILITY
THOUSAND DOLLARS. EACH PERSON
THOUSAND DOLLARS. EACH ACCIDENT
BODILY INJURY LIABILITY OTHER THAN AUTOMODILER
300 THOUSAND DOLLARS. EACH PERSON
55000 THOUSAND DOLLARS. EACH OCCURRENCE
COMPREHENSIVE
MXP 160 77 21
1 -1 -75
500 THOUSAND DOLLARS. A G ATE
EGATICNSODUCTS
PROPERTY DAMAGE LIABILITY OTHER THAN AVTOMOBLLE-
100 THOUSAND DOLLARS. EACH OCCURRENCE
100 THOUSAND. DOLLARS. AGGREGATE OPERATIONS
/per]},,}
COMPREHENSIVE
11
1I
1100 THOUSAND DOLLARS. AGGREGATE PROTECTIVE
100 THOUSAND DOLLARS. AGG RELATE CONTRACTUAL
100 THOUSAND DOLLARS. AGGREGATE PRODUCTS
AND COMPLETED OPERATIOS
AUTOMOBILE:
BODILY INJURY LIABILITY
THOUSAND DOLLARS.. EACH PERSON
THOUSAND DOLLARS.. EACH OCCURRENCE
PROPERTY DAMAGE LIABILITY'
THOUSAND DOLLARS. EACH OCCURRENCE
MEDICAL PAYMENTS
E EACH PERSON
COMPREHENSIVE -LOSS OF OR DAMAGE TO THE
ACTUAL CASH VALUE UNLESS OTHERWISE STATED HEREIN
AUTOMOBILE. EXCEPT BY COLLISION OR UPSET
BUT INCLUDING FIRE. THEFT AND WINDSTORM
ACTUAL CASH VALUE LESS
COLLISION OR UPSET
g DEDUCTIBLE
DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVERED
IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED NOR THE COVERAGE THEREOF
REDUCED UNTIL TEN (10) DAYS NOTICE OF SUCH CANCELLATION OR REDUCTION IN
COVERAGE SHALL HAVE BEEN SENT IN WRITING TO:
SUCCESS BROADCASTING COMPANY DBA: RADIO STATION KOCM AND GARY BURRILL
'IF COMPREHENSIVE. SO STATE.
THIS CERTIFICATE OF INSURANCE NEITHER. AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS
THE COVERAGE AFFORDED BY THE POLICY OR POLICIES SHOWN ABOVE.
AUTHORIZED.RE
IN EVENT OF ANY MATERIAL CHANGE IN OR CANCELLATION OF THE POLICY OR PRESENT IVE
POLICIES THE COMPANY WILL MAKE EVERY EFFORT TO NOTIFY THE ADDRESSEE BUT ANDERSON &. MILUM /pav 6
UNDERTAKES NO RESPONSIBILITY BY REASON OF FAILURE TO 00 SO
IT IS UNDERSTOOD AND AGREED THAT THE CITY OF NEWPORT BEACH IS HEREBY NAMED AS
ADDITIONAL INSURED AS RESPECTS RADIO AND TELEVISION STATION'FLOATER TRANSMITTER
BUILDING COVERAGE ENDORSEMENT -BROAD FORM (FORM 135139)
N
THE
IVMVRILE INSURANCE COMPANY
D INSURANCE COMPANY OF TEXAS
INSURANCE COMPANY OF ILLINOIS
��5� PRESIDENT
180009 -6 -65 SETS
0
I
COUNTERSIGNATURE OF AUTHORIZED AGENT
ay...v A . �, c`L),. -
Ili
3`
March 15, 1971
Fashion Success Broadcasting Company
n
Newport
46
Enclosed as Resolution No. 7380 of the City Council
of the City of Newport Beach authorizing the Success
Broadcasting Company to allow TelePrompTer Corpora-
tion to use existing facilities of Newport Beach
Cablevision,.Inc., located on City -owned property
wider license to Success Broadcasting Camay.
Said resolution was adopted at its regular meeting
held March 8, 1971 after approving the transfer of the
CAT'V franchise from Newport Beach Cablevision,,Inc. to
TelePrompTer Corporation.
Laura Lagios
City Cleric
LL :swk
enc.
RESOLUTION NO. 7 3 8 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE SUCCESS
BROADCASTING COMPANY TO ALLOW TELEPROMPTER
CORPORATION TO USE EXISTING FACILITIES OF
NEWPORT BEACH CABLEVISION, INC., LOCATED ON
CITY -OWNED PROPERTY UNDER LICENSE TO SUCCESS
BROADCASTING COMPANY
WHEREAS, pursuant to Resolution No. 6874 the City
Council authorized the execution of a license agreement between
the City of Newport Beach and Success Broadcasting Company, dated
October 1, 1968, for the use by Success Broadcasting Company of
certain City -owned property on the south side of 16th Street
westerly of Monrovia Avenue; and
WHEREAS, Section 4 of said agreement provides, "Licensee
may allow the Newport Beach Cablevision Company to use its existing
facilities on the City property "; and
WHEREAS, Newport Beach Cablevision, Inc., has sold its
community antenna television franchise to TelePrompTer Corporation;
and
WHEREAS, the City Council has approved the transfer of
said franchise from Newport Beach Cablevision, Inc., to TelePrompTer
Corporation; and
WHEREAS, TelePrompTer Corporation has requested the City
Council and Success Broadcasting Company to authorize it to use .
the existing facilities of Newport Beach Cablevision, Inc., located
on the above described City property;
NOW, THEREFORE, BE IT.RESOLVED by the City Council of
the City of Newport Beach, as follows:
1. Success Broadcasting Company is hereby authorized to
allow TelePrompTer Corporation to use the existing facilities of
Newport Beach Cablevision, Inc., located on the above described
City -owned property; PROVIDED, however, that any physical expansion
of the existing facilities used by Newport Beach Cablevision, Inc -.,
-1-
on said City property shall be subject to the prior approval of
the City Council;
ATTEST:
City Clerk
ADOPTED this 8th day of March, 1971,
Mayor
THS:mh
-2- 3/4/71
FIREMAN'S ❑ FIREMAN'S FUND INSURANCE COMPANY
FT T�TT� ❑ T MERICAN INSURANCE COMPANY
U 1V L�r ❑ AL SURETY CORPORATION
AMERICAN I ❑ �ATED INDEMNITY CORPORATION CERTIFICATE
INSURANCE. COMPANIES ❑ AMERICAN AUTOMOBILE .INSURANCE COMPANY OF INSURANCE
TO:
[CITY OF NEWPORT BEACH
NEWPORT BEACH, CA.
DATE I -I -7I
L J
THIS IS TO CERTIFY THAT THE COMPANY OR COMPANIES CHECKED ABOVE HAVE IN FORCE AS OF THE DATE HEREOF THE FOLLOWING POLICY OR POLICIES:
NAME AND ADDRESS OF INSURED OR EMPLOYER I LOCATION OF PROPERTY. DESCRIPTION OF OPERATIONS. BUSINESS CONDUCTED
SUCCESS BROADCASTING COMPANY A CALIFO NIA CORPORATION
DBA: RADIO STATION KOCM AND GARY BURR LL,
AN INDIVIDUAL
57 FASHION ISLAND, NEWPORT BEACH, CA.
'KIND OF INSURANCE
POLICY NUMBER
EXPIRATION
LIMITS OF LIABILITY
WORKMEN'S COMPENSATION
STATUTORY
EMPLOYERS' LIABILITY
THOUSAND DOLLARS, EACH PERSON
THOUSAND. DOLLARS. EACH ACCIDENT
BODILY INJURY LIABILITY OTHER THAN AUTOMOBILE.'
300 THOUSAND DOLLARS, EACH PERSON
COMPREHENSIVE
LC 176 84 6
1 -1 -72
500 THOUSAND DOLLARS, EACH OCCURRENCE
500 THgI AGGREGATE
AND COMP
PROPERTY DAMAGE LIABILITY OTHER THAN AUTOMOBILE'
1y00 THOUSAND DOLLARS. EACH OCCURRENCE
't
it
THOUSAND DOLLARS. AGGREGATE OPERATIONS '
COMPREHENSIVE
''100
1 00 THOUSAND DOLLARS. AGGREGATE PROTECTIVE
100 THWSAND DOLLARS. AGGREGATE CONTRACTUAL
I00 THOUSAND DOLLARS, AGGREGATE PRODUCTS
AND COMPLETED OPERATIONS
AUTOMOBILE:
BODILY INJURY LIABILITY'
THOUSAND DOLLARS. EACH PERSON
THOUSAND DOLLARS. EACH OCCURRENCE
PROPERTY DAMAGE.. LIABILITY'
THOUSAND DOLLARS. EACH OCCV RRErvCE
MEDICAL PAYMENTS
$ EACH .PERSON
COMPREHENSIVE— LOSSOF OR DAMAGE TO THE
ACTUAL CASH VALUE UNLESS OTHERWISE STATED HEREIN
AUTOMOBILE. EXCEPT BY COLLISION OR UPSET
BUT INCLUDING FIRE, THEFT AND WINDSTORM
ACTUAL CASH VALUE LESS
COLLISION OR UPSET
ra r _1
1
$ DEDUCTIBLE
YI
)`
7
y
.4 al
I(Vfi Gi7Y '11'.NA:%iR
DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVERED
IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED NOR THE COVERAGE
THEREOF REDUCED UNTIL THIRTY' (30) DAYS NOTICE OF SUCH CANCELLATION
OR REDUCTION IN COV ERAGE SHALL HAVE BEEN SENT IN WRITING TO: CITY OF
NEWPORT BEACH, CA.
'IF COMPREHENSIVE. SO STATE.
THIS CERTIFICATE OF INSURANCE NEITHER_ AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS
THE COVERAGE AFFORDED BY THE POLICY OR POLICIES SHOWN ABOVE,
,11j11—I T — UTHORIZED REPRESENTATIVE
IN EVENT OF ANY MATERIAL CHANGE IN OR CANCELLATION OF THE POLICY OR
POLICIES THE COMPANY WILL MAKE EVERY EFFORT TO NOTIFY THE ADDRESSEE BUT
UNDERTAKES NO RESPONSIBILITY BY REASON OF FAILURE TO DO SO.
I
385054 -7 -70
.DOW & RENFRO
r ZIMARI UNpa 1933
TRUIPNONS 6�10.IIOB
AMU COOL 714
T. WESTON JAY
MAC R. RENFRO
WILLIAM W. MCDOWELL
E. F. WARD. JR.
WILLIAM J. R. RIMS. JR.
ARTHUR V. MOONEY
GEORGE D. WEST
DEN BARNETT
O. J. MOURIAUX.
ROY X. GIBBON
July 15 1970
JAY & REvri -10
INSURANCE BROKERS
333 NORTH NEWPORT BOULEVARD
NEWPORT BEACH. CAUFORNIA 92883
Mr. James P. De Chaine
Assistant City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California 92660
Dear Mr. De Chaine:
I am writing in reply to your letter of May 1, 1970 which
you addressed to Mr. Mac Renfro of our agency regarding
the endorsement issued by the Firemans Fund Insurance Company
to their policy No. L1382427 covering Radio Statjon �.0 .
You will find attached a signed copy of endorsement No. 20A
which supercedes endorsement No. 20 and which should comply
with your requirements as stated in your lease provisions.
These provisions are of the license agreement entered into
by Success Broadcasting and the City of Newport Beach.
Should you have any further questions, please feel free to
direct them to my attention and I will be more than happy to
try to be of assistance.
Veery �ruly yours,
GEORGE D. WEST
GDW:aj
' A" TYPES OP INSURANCE WRITTEN. INCLUDING UPI. MARINE AM BONDS
t
T� SiEEfJ OF END. # zo '
r,0
GENERAL AMENDMENT ENDORSEMENT
THE POLICY TO WHICH THIS ENDORSEMENT 1S ATTACHED IB HEREBY
❑ ADDITIONAL .PREMIUM (SHOWN BELOW)
❑ AMOUNT OF INSURANCE IS INCREASED BY f
TO A TOTAL OF 5
❑ ITEM(S) LISTED BELOW ADDED TO SCHEDULE
❑ LOCATION SHOWN BELOW ADDED
NAME OF INSURED AS SHOWN BELOW
❑ RATE UNDER THIS POLICY AS SHOWN BELOW
❑ ITEM(S) OF SCHEDULE
AS SHOWN BELOW
❑ INSURANCE REDUCED BY LOSS OF (DATE)
REINSTATED IN AMOUNT OF 5
❑ THIS POLICY AMENDED. AS SHOWN -BELOW
DEB BY THE ITEMS MARKED
❑ RETURN PREMIUM (SHOWN BELOW)
❑ AMOUNT OF INSURANCE DECREASED BY 5
TO A TOTAL OF i
❑ ITEM(S) LISTED BELOW DELETED FROM SCHEDULE
❑ LOCATION SHOWN BELOW DELETED
❑ ADDRESS OF INSURED AS SHOWN BELOW
❑ INCEPTION DATE AS SHOWN BELOW
❑ EXPIRATION DATE AS SHOWN BELOW
❑ DESCRIPTION OF PROPERTY INSURED AS SHOWN BELOW
IT IS UNDERSTOOD AND AGREED THAT THE CITY OF NEWPORT BEACH IS NAMED
AS AN ADDITIONAL INSURED UNDER THIS POLICY AS RESPECTS THE NAMED
INSUREDS OPERATIONS OR PRODUCTS.
ALL OTHER TERMS AND CONDITIONS OP THIS POLICY REMAIN UNCHANOEO.
5
INSTALLMENT PREMIUM .PAYMENTS
INSURED
DATE DUE
PRIOR INSTALLMENTS
I SUCCESS BROADCASTING COMPANY ETAL
( 1 -12 -70
f
f
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
ENDORSEMENT TOTAL PREMIUM
f
11
f
REVISED INST
f
Y R
INSURED
EFFECTIVE
L 138 24 27
I SUCCESS BROADCASTING COMPANY ETAL
( 1 -12 -70
FIREMAN'S FUND INSURANCE COMPANY'
:PRODUCER
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
JAY & RENFRO /mp
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
COUNTERSI NATURE OF AUTHORIZED AGENT
PRESIOM14T 70-X
LLi G
June 16, 1970
Carl Warren & Co.
Insurance Adjusters
1833 East 17th Street
Santa Ana, California 927 01
Attention: Roy S. George
Re: Claim: 47 0 00"
Insured: City of Newport Beach
Accidents 114/70
Claimants KOCM -FU 6 cable Vision
Your Mo: 6284 RG
Enclosed is
,Certificate of Insurance in connection with subject
claim. A copy of the complete policy may be obtained from the
City's insurance broker, Jay & Renfro, 333 N. Newport Boulevard,
Newport 'Beach. California.
Laura I agiee
City Clerk
LL.-dg
Encl.
cc: CUialan and Jennings Ins. Agency -
Jack Beckwith, Public works Department
I P to
CARL WARREN & CO.
INSURANCE ADJUSTERS
1535 EAST 17 ?H STREET
SANTA ANA, CALI FO RN IA 9270
Sal -5571
Laura Lagios
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Re: Claim:
Insured:
Accident;
Claimant:
Our File:
Gentlemen:
June 11, 1970
47 0 0084
City of Newport Beach
1/9/70
KOCH -FM & Cable Vision
6284 RG
LOS ANGELES OFFICE
2600 WILSHIRE BOULEVARD
LOS ANGELES,.CALIF. 90057
DUNKIRK 2-6141
You will recall that we are handling the above- captioned claim on behalf
of Agricultural Insurance Company liability insurance carrier for the City
of Newport Beach
According to the agreement entered into between the City of Newport Beach
and KOCH -FM (radio station) there was a provision wherein they (KOCM) agreed
to "provide and maintain continuously in effect during the termof this agree-
ment, or during any extension thereof, public liability insurance, ...City
shall be named as additional insured under such insurance policy or policies ".
We need to know whether the licensee (KOCM -FM) ever did obtain such a policy
and if they provided you with evidence as required in the license agreement.
If so, please provide us.with a complete copy of the policy along with the
declaration page.
We are sending a copy of this to Eileen Sims at Quinlan and Jennings Agencies
in hopes that one or both of you have the material requested above.
We thank you for your timely consideration and reply.
Very truly yours,
CARL WARREN & COMPANY
RSG:mc Roy George
cc:
Quinlan and Jennings Insurance Agencies
4501 Birch St., Newport Beach, Calif. 92660
Attn: Eileen Sims
cc:
Jack Beckworth, Public Works Department ?
592 Superior Street, Newport Beach, Calif. >
6, a
CERTIFICATE
OF INSURANCE
TO: CITY OF NEWPORT BEACH
e NEWPORT BEACH, CALIFORNIA
e
This is to certify that the Com
W/ -t c EO a Fo7w>
FFFIREMA' s ❑ FIREMAN'S FUND INSURANCE COMPANY
j T 7A 7 THATIONALCSURETY CORPORATION NY
e® AMERICAN o ASSOCIATED INDEMN17Y CORPORATION
I N S U R A N C E COMPANIES ❑ AMERICAN AUTOMOBILE INSURANCE COMPANY
DATE 9/26/68
or Companies checked above have in force as of the date hereof the following policy or policies:.
'LOYER LOCATION OF PROPERTY, DESCRIPTION OF OPERATIONS, BUSINESS CONDUCTED
SUCCESS BROADCASTIM COMPANY, A CALII
CORPORATION D1BA: RADIO STATION EOCM
57' FASHION 'ISLAND
NEWPORT BEACH, CALIFORNIA 9266o
KIND OF INSURANCE
.POLICY NUMBER
EXPIRATION
LIMITS OF LIABILITY
WORKMEN'S COMPENSATION
Statutory
EMPLOYERS' LIABILITY
thousand dollars, each person .
thousand dollars, each accident
BODILY INJURY UABILLTY Other Than Automobile`
_
f 300 thousand dollars, each person
V '5500 thousand dollars, each occident
,COMPREHENSIVE LIABILITY
L- 138-2+ 27
7 /j �71
500 thousand dollars, aggregate products
PROPERTY DAMAGE tiatiility other than Automobile'
'/loo thousand dollars, each accident
100 thousand dollars, aggregate operations
300' thousand dollars, aggregate protective
n If
ff
500 thousand dollars, aggregate products
thousand dollars, aggregate contractual
AUTOMOBILE:
Bodily Injury Liability'
thousand dollars, each person
thousand dollars, each occident
Property Damage Liability'
thousand dollars, each occident
Medical Payments
AUTO MEDICAL
qIQ $5,OW. each person
Comprehensive — Loss of or Damage to the
Actual Cash Value Unless.Othersvfse Stated Herein
Automobile; Except by Collision or Upset
i
but including Fire, Theft and Windstorm
Collision or Upset
Actual Cash Value less
$ deductible
\-X
UESCHIPTIUN AND LUCATIUN OF OPERATIONS AND AU IUMUUILtS LUVLHtU
333 N. NEWPORT BLVD., NEWPORT BEACH, CALIF;
Telephone Uberty 8.1185
so state. If not Comprehensive, for "other than Auto ", list form such as OLT,
In event of any material change in or cancellation of the policy or policies, the Company
will make every effort to notify the addressee but undertakes no responsibility by reason
of failure to do so.
365020- -3 -65
JAY ';del 't r as
D
0
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 722
4
DATE October 31, 1969
Description of Contract Lioense Agreenaht
Authorized by Resolution No. 6874 adopted on 9_73-68
Effective date of Contract 10 -1 -68
Contract with Success Broadcasting Co v KOCM
Address #57 Fashion Island
Amount of Contract $1800 per year
r
city Clerk
311
Att.
Y�
CITY OF NEWPORT BEACH
CITY ATTORNEY
BEPARTMENT
Date.,
Too The honorable Mayor and
Members of the City Council
From- City Attorney
Subjecto New license agreement with
Success Broadcasting Company
d 3.1
6,\
September 23, 1968
The attached resolution, if adopted by the City Council, will
authorize the execution of a new license agreement with Success
Broadcasting Company.
The new license agreement, prepared as directed at the Council
meeting of September 10th, covers a term beginning October 1, 19689
and ending January 319 19829 and cancels any previous license
agreements or amendments thereto,
THSomh
Att.
TULLY G. SEYMMfR
City Attorney `
LICENSE AGREEMENT
Y
THIS AGREEMENT, made and entered into this /.511 day of
Gr.l� f , 1968, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "City ", and
SUCCESS BROADCASTING COMPAN 9 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 des-
cribed 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, L censee 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, City and Licensee wish to cancel. said existing'
License Agreement and enter into a new License Agreement.-,
NOW, THEREFORE, the parties agree.
to 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 350 feet in
height.. Licensee shall not use the property for any purposes other
than those stated above, or expand or alter the existing facilities
vl-
6•
without prior approval of the Newport Beach City Council.
2. TERM. The term of this License Agreement shall begin on
October 1, 1968, and end on ,January 31, 1982, subject to the
terms of Paragraph 9 relating to termination.
34 CONSIDERATION. In consideration of the license hereby granted,
Licensee agrees to pay City the sum of $1,800 per year, payable
quarterly in advance, commencing October 1, 1968. Said consideration
shall be subject to a percentage adjustment equivalent to the per -
centage change in the Department of Labor Consumer Price Index for
the Los Angeles -Long Beach region, as determined on the following dates-
October 1, 1973, and October 1, 1978.
4. USE OF FACILITIES BY OTHERS. Licensee may allow the Newport
Beach Cablevision Company to use its existing facilities on the
City property. Licensee agrees to advise City of the charges it
makes to Newport Beach Cablevision Company for the 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 re-
suiting from injury or death to persons or damage to property,
�r
regardless of responsibility and negligence caused by, growing out
of, or occurring in connection with the use of said premises by
Licensee or Newport Beach Cablevision Company, or 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 $200,000 for injury to
or death of any one person, and $500,000 for injuries or deaths
occurring at any one accident, and property damage insurance in
-2-
00
!0
the amount of $100,000. 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 the City,
5. 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. Licensee shall be responsible for payment
for all utility services used by it, and for all taxes resulting
from the use of said property, including 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 construct all
facilities authorized by the City in compliance with applicable
laws and ordinances, and shall obtain all permits necessary therefor.
Licensee shall maintain all facilities constructed or used by it in
good condition and repair, including the cyclone fence which encloses
that portion of the property used by Licensee.
Licensee further agrees that if in the future the City installs
landscaping in the parkway in front of said property it will main-
tain said landscaping in a manner that is satisfactory to the Parks,
Beaches and Recreation Director.
Licensee further agrees to relocate the lower guy wire support-
ing the existing tower to a higher elevation, in order to provide
safe vehicular access; a visual protective device shall be constructed
around the entire guy wire support.
9. TERMINATION. Both parties reserve the right to terminate this
-3-
License Agreement by giving the other 12 months' prior written
notice in advance of the effective date of such termination,
provided, however, that the City agrees that it will not exercise
its right to terminate this agreement prior to November 30, 19719
unless 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 purpose. If the said
City Council determines that the property is needed for a munici-
pal purpose it will advise Licensee in writing of the use or uses
which it proposes to make of the property. Licensee shall then
me allowed 50 days in which to submit a written proposal showing
• method or methods by which the property could be utilized in
• manner which is compatible with the proposed City uses as well as
those of the Licensee. The City agrees that it will attempt to
work out a mutually satisfactory plan for the joint use of the
property which will 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 the joint use
of the property within 90 days after the original notice to the
Licensee of the City's intent to utilize the property for a munici-
pal purpose, the City may terminate said License Agreement by
giving, the Licensee 12 months' prior written notice.
Within 30 days following the effective date of termination
the Licensee shall remove all of its installations, equipment and
facilities from the City property,
10, This License Agreement shall have the effect of canceling and
superseding all previous license agreements and amendments thereto
between these parties,
IN WITNESS WHEREOF, the parties hereto have executed
-4-
!r
this agreement as of the day and year first above written,
CITY OFFN NEWPORT BEACH
By.. "s �tlTio�m �1 \1(�n��n�1i
Mayor
Attest
C,ty eer
CITY
SUCCESS BROADCASTING COMPANY
By° Pres. ent
Attest:
ecretary
LICENSEE
®,5 m
THSomh
9/23/68
L71
6;_ !
RESOLUTION No, 6 87 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE EXECUTION OF A NEW
LICENSE AGREEMENT WITH SUCCESS BROADCASTING
COMPANY
WHEREAS, under a license agreement with the City of Newport
Beach dated February 14, 1961, Success Broadcasting Company maintains
a radio transmitter, tower and studio on certain City-owned property
on the south side of 16th Street westerly of Monrovia Avenue in the
City of Newport Beach-, and
WHEREAS Success Broadcasting Company has requested the
Newport Beach City Council to approve execution of a new license
agreement for a term extending through January 31, 1982; and
WHEREAS there has been presented to the City Council a new
license agreement which would provide for the requested extension of
term, the terms and conditions of which have been considered by the
City Council and found to be fair and equitable;
NOW, THEREFORE, BE IT RESOLVED that said agreement be
approved and the Mayor and City Clerk are authorized and directed to
execute the same or, behalf of the City of Newport Beach,
ATTEST-
ADOPTED this .eZ day of S , 19680
City C erx
Mayor
C11Y OF N'£i^oWRF' BT:44CH
September 13, 1968
FROM: Assistant City Manager
SUBJECT: NQ BASF. AGPIDO T W17Y SUCCESS BROADC'ASTI?rl COMPANY
Is you will recall, at the September 10th Council meeting,
the City Council approved a re- negotiated lease agreement between the
City and Success Broadcasting? Company subject to the conditions out-
lined in the memorandum from the City Manager dated September 10, 1968.
It was agreed by the Council that the conditions outlined in the memo-
randum were subject to certain refinements and Knor changes. The
minor modifications of these conditions have been incorporated into
the following= items w!iich should be included in the new lease agree-
ment. It would be appreciated if you could follow-through with the
preparation of this lease agreement accordingly.
That the new lease period extend trough January 31; 1982;
That if at any time the City Council determines that it is
necessary to utilize a portion of the property being occupied
by Success Broadcasting Company for MY City Purposes, that
it may, by giving Success Broadcasting Company one year's
written notice, cause them to re- locate or move their exist-
ing facilities from the City property at their expense;
3. That the City reserves the right to terminate this lease
agreement by giving Success Broadcasting Cagy one year's
prior written notice if the City should sell or otherwise
dispose of such property; similarly, Success Broadcasting
Company may likewise terminate this agreement by giving the
City one year's prior written notice to terminate should
they desire to vacate such. property;
4. That any additional future expansion of the existing, tower
and traFasmitter facilities be subject to prior City Council
approval;
S. That Success Broadcasting Company shall maintain in. grod repair
the Cyclone fence which encloses that portion of the reservoir
property being used by Success Broadcasting Company as well
`:as those other facilities under their ownership;
6. That in consideration of this lease agreement Success Broad
astirg Ctattoany shall pay to City the ears oaf 1,860.00 per
year, or $150.00 per month. This amount will be subject to
City Attorney Page 2 September 13, 1968
adjustment equal to the charge in the Consumer. Price index
for the Los Angeles -long Beach Region. The dates of adjustment
will be at five-year intervals and will be subject to adjust-
ment as of January 31, 1973 and January 31, 1978. Payments
of all consideration shall be made quarterly in advance with
the first quarterly payment being due and pa7able before: the
first day of October, 1968 and each subsequent January, April
and Juull, during the lease period;
7 Should any other use of the City property be proposed by
Success: Broadcasting Company- other than those uses envisioned .
at the present time by Newport Beach Cablevision, such uses
will be subject to prior City Council approval; those; uses
of the property by Newport Beach Cal- le ri s, on sha? l he sa.e ? oct
to the approval of the Public '?corks Director;
8. In no event will the lease betcreen the City and Success Broad-
casting Mapany be cancelled by either party before November 30,
1971 unless the City Council finds that it is necessary for
the City to utilize the City -owned land upon which Success
Broadcasting Company's radio transmitter and/or radio tourer
now rest, far City water purposes or any other municipal pur-
poses, at which time the City will indicate to Success Broad -
casting Company, in writing, the structures or Mgarovem°nts
the City intends to plize upon City premises. Success Broad-
casting Company shall then_ have sixty days in which to prepare
a document showhag a way or ways in which the property can,
be utilized :both for the envisioned City purposes as well as
those of Success Broadcasting Company, if the City Council
finds that the proposal submitted in this document is not
acKtable to the City, the city may afford Success Broad -
casting Company an opportus it , to propose alternative plans
for joint else, or at City's sole ration, City may give Success
Broadcasting Company one year's written notice of termination.
9. Any assignment or transfer of this lease agreement shall take
place only with prior City Council approval;
10. The lower guy wire supporting the existing Success Broadcasting
Company tamer at the rear of subject property, be re- located
to a higher elevation on a vertical pole; in order to provide
sufficient protection and vehicular access in the vicinity of
the lower guy wires. In addition, a visual protective device,
such as a Cyclone fence enclosures shall be constructed around
the entire guys wire support. The re- location of this guy
wire and construction of the protective devices shall be sub-
ject to the approval of the Public Works Director.
21. That if and when the City installs any landscaping in the
City AttPOTROY Page 3 September 13, 1969
park -way in cmjunct on with sidewalk and other improvements
in front of the City property, that Success Broadcasting
Company agree a maintain these landscape improversnesits fn
a manner that meets the approval of the Parks, Reaches and.
Recreation Director.
Please advise
follow through with Ga ry
execution of sane.
M—ep
when the lease document is ready and Y shall
BUTA11 of Success Broadcasting Company for
TS N DF f'fir110,
0
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: REQUEST FROM SUCCESS BROADCASTING
RECOMMENDATION:
l`- uSeptember 10, 1968
FILE:
COMPANY FOR LEASE EXTENSION THROUGH 1983
,J d j/
It is recommended that the City Council direct the City Attorney to prepare a new
lease agreement with Success Broadcasting Company that will embody the following conditions:
1. That the new lease period extend through January 31, 1982;
2. That if at any time the City Council determines that it is necessary to
utilize a portion of the property being occupied by Success Broadcasting
Company for any City purposes, that it may, by giving Success Broad-
casting Company one year's written notice, cause them to relocate or move
their existing facilities from the City property at their expense;
3a That the City reserves the right to terminate this lease agreement by
giving Success Broadcasting Company one year's prior written notice if
the City should sell or otherwise dispose of subject property;
4. That any additional future expansion of the existing tower and trans-
mitter facilities be subject to prior City Council approval;
5, That Success Broadcasting Company shall maintain in good repair the Cyclone
fence which encloses that portion of the reservoir property being used by
Success Broadcasting Company as well as those other facilities under their
ownership;
60 In consideration of this lease agreement, Success Broadcasting Company
shall pay the City the sum of $1,800.00 per year, or $150.00 per month.
This amount will be subject to adjustment equal to the change in the
Consumer Price Index for the Los Angeles -Long Beach Region. The dates of
adjustment will be five -year intervals and will be subject to adjust-
ment as of January 31, 1973 and January 31, 1978, Payments of all con-
sideration shall be made quarterly in advance with the first quarterly
payment being due and payable on or before the first day of each subse-
quent January, April and July;
7.. Should any other use of the City property be proposed by Success Broad-
casting Company other than those uses envisioned at the present time by
Newport Beach Cablevi•sion, such uses will be subject to prior City Council
approval.
8: In no event will the lease between the City and Success Broadcasting
Company be cancelled by either party before November 30, 1971 (as pro-
vided for in the existing lease agreement);
9. Any assignment or transfer of this lease agreement shall take place
only with prior Council approval.
10. The guy wires supporting the existing KOCM tower at the rear of subject
property be relocated to a higher elevation on a vertical pole, in order
to provide sufficient protection and vehicular access in the vicinity of
the lower guy wires, said relocation to be subject to the approval of
the Public Works Department;
0 0
September 10, 1968
Page 2
Subject: Success Broadcasting Company _ tease Extension
11. That if and when the City installs any landscaping in the parkway in con-
junction with sidewalk and other improvements in front of the City prop-
erty, that Success Broadcasting Company agree to maintain these landscape
improvements,
DISCUSSION:
At the August 26 Council Meeting, the City received a request from Success
Broadcasting Company (KOCM -FM radio) to have their lease with the City of Newport Beach
for the City property located at 16th and Monrovia amended or renegotiated to provide
for a fifteen year extension from this date through 1983,
The reason for Success Broadcasting Company's request to have the lease extension
made at this time is twofold; first, they are interested in receiving some assurance from
the City that their radio tower will be allowed to remain to serve the station operations
for years to come; and, secondly, they have received a conditional agreement from the
Newport Beach Cablevision Company for the partial use of their tower and transmitter
building for the CATV system now being installed in the City. Newport Beach Cablevision,
before making a sizeable capital investment at any particular location, would also like
some assurance that the installation of headend equipment and TV antennas will not have to
be relocated in a relatively short period of time. Newport Beach Cablevision has con-
cluded that the KOCM radio tower would provide the most optimum location for their facilities
to best provide CATV service in Newport Beach and would like reasonable assurance that they
will be able to have this location available to them between now and the end of their fran-
chise period in January, 1982,
The City entered into an original lease agreement with Success Broadcasting
Company ih December, 1961. This lease was extended in August, 1966 until November 30, 1971.
The existing lease includes a clause giving the City the option to terminate the lease on
November 30, 1971 if the City deems this is necessary for other City purposes, At the
present time, the City receives $600.00 per year in revenue from Success Broadcasting
Company, or $50,.00 per month. Effective December 1, 1968 and through the balance of the
existing lease period, the City is scheduled to receive $750.00 per year, or $62.50 per
month. The existing lease also contains a provision requiring the licensee (Success Broad-
casting Company) to pay the City 25% of all revenue derived from other uses of the tower
by any party other than the licensee (i.e., Newport Beach Cablevision). The staff has
investigated the feasibility of renegotiating the existing lease for a period similar to
that requested by Success Broadcasting Company subject to the conditions outlined in the
recommendations above, and we see no reason not to allow this lease to be rewritten to
provide for a new lease period through January 31, 1982 subject to the imposition of these
conditions. This will provide the City with additional revenue and at the same time,
through a one -year termination clause and-the other recommended conditions, provide the
City with sufficient controls to utilize the property as it deems necessary during the
lease period. In addition, the City will continue to enjoy a good working relationship
with both Success Broadcasting Company and Newport Beach Cablevision and provide an
appropriate public service to these firms rendering communications services to the resi-
dents of Newport Beach.
HARVEY L. HUR'LBURT
HLH /JPD :ldg
RAD1090CM 103.1 FM • ORANGE COUNTY MUSIC • NEWpORTUNTER
August 21, 1968
Mayor Doreen Marshall and
Council Members
Newport Beach City Hall
3300 Newport Blvd.
Newport Beach, California
Honorable Mayor and Council Members:
Re; Request for Amendment of Existing
Lease between City of Newport Beach
and Success Broadcasting Company
Success Broadcasting Company (KOCM Radio) wishes to request,
at'this time, that our lease with the City of Newport Beach
for the City property located at 16th and Monrovia in Newport
Beach be amended in order to provide for a 15 year extension
from this date through 1983.
We have received a conditional agreement from Newport Cable-
vision for the partial use of our tower and transmitter
building to better serve CATV customers in Newport Beach.
With today's economy, both Success Broadcasting Company and
Newport Cablevision would Like the assurance of a lease period
covering at least the length of the Newport Cablevision fran-
chise period with the City.
We wish further to request that the City staff be authorized
to negotiate an appropriate lease agreement reflecting the
best interests of the City for Council consideration, at an
early date..
We wish to assure the City that our tower will not interfere
with the existing or future active water lines located on the
subject property.
Favorable consideration of this request will be appreciated.
Sincerely,
SUCCESS BROADCASTING COMPANY
Gary
G �� -�--
Burrill,
President
................. ... ............................... ...........
SUCCESS BROADCASTING COMPANY • NO.. 57 FASHION ISLAND • NEWPORT CENTER, NEWPORT BEACH.: CALIF. 92660 (714).644 -2727
E
Laura,
8/6/66
-,� Attached is original of
tt�{ided License Agreement, signed
b ralou Davis, secretary, per
ecz request.
sr ank you for mailing the
`re nt to us.
OF
THS aem
8/1 /66 .(7)
1
EXTENSION PURSUANT TO
2' AMENDED LICENSE AGREEMENT
3 THIS AGREEMENT, made and entered into this -,1) J day of
4 1966, by and between the CITY OF NEWPORT BEACH,
5 a munia pal corporation, hereinafter referred to as "City ",and
61 SUCCESS BROADCASTING COMPANY, a California corporation, herein-
7 after referred to as "Licensee ".
8 W'ITNESSETH:
9 WHEREAS, that certain License Agreement dated the 14th
10 day of February, 1961, was entered into by and between City and
11 Newport -Costa Mesa Broadcasting, Inc., Licensees predecessor in
12 interest; and
13 WHEREAS, that certain Amendment to License Agreement was
14 entered into on the 11th day of December, 1961, by and between City
15 and Newport -Costa Mesa Broadcasting, Inc., Licensee's predecessor
16 in interest; and
17 WHEREAS, City and Licensee now wish to extend the term of
18 the license through and including. November 30, 1971, as provided in
19 said Amendment to License Agreement upon certain conditions.
20 NOW, THEREFORE, in consideration of the covenants and
21 conditions hereinafter contained, IT IS HEREBY AGREED AS FOLLOWS:
22 1. City and Licensee agree that said License Agreement
23 shall be extended through November 30, 1971, upon the terms and
24 conditions contained in the Amendment to License Agreement herein-
25, above referred to with the exception and addition of the terms here-
26 11 inbelow set forth.
27 2. That, if on or after November 30, 1968, the City
28 Council finds that it is necessary for City to utilize the City
29 owned land upon which Licensee's radio transmitter and /or radio
30 tower and /or studio now rest, for city water purposes or any other
31 municipal purposes,'upon written notice of the nature and location
32 of buildings, structures or improvements that the City intends to
l'
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
place upon said premises, Licensee shall have sixty (60) days
within which to prepare a document showing a way or ways in which
the property can be utilized both for the City purposes as speci-
fied in the notice hereinabove referred to and for Licensee's
purposes.. If the City Council finds that the proposal submitted
in said document is not acceptable to the City, the City may
afford Licensee an opportunity to propose alternative plans for
joint use, or at City's sole option, City may give Licensee one
year's written notice of termination of the license.
3. Except as hereinabove referred to, the License
Agreement and Amended License Agreement are and shall remain
unaltered.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year first above written.
CITY OF NEWPORT.,BEAC��� 2`
By
mayor
Attest:
CITY
SUCCESS BROADCASTING COMPANY
By
/r/,,:,,�- President
Attest:
ecretary
2.
LICENSEE
0
September 1. 1966
Success Broadcasting Company
951 West 16th Street
Newport'Seach, California
Gentlemen:
Transmitted are the original and one copy of the Extension
Pursuant to Amended License Agreement which extends the
term of the License Agreement between the City and the Success -
Broadcasting Company through and including November 30, 197x.
On August 22, 1966 the pity Council approved the extension
and authorized its'`xecution by the adoption of Resolution No. 6433,
IA
copy of which is atahed.
It is requested that the Secretary of your company attest the
original extension and return it to my office. The executed copy
is to be retained by you.
Yours very truly.
Laura Legion
Acting City Clerk
th
Encl.
00 *40 k33
CITY OF NEWPORT BEACH
CITY ATTORNEY
DA NT
August 18, 1966
Y
To; City Clerk
From: City Attorney
Subject; Extension pursuant to amended license agreement
with Success Broadcasting Company and resolution
authorizing execution of same
Transmitted are the original and two copies of the subject
agreement. The attached resolution; if adopted by the City
Council, will authorize its execution, on behalf of the City.
These are for Council consideration at their meeting on
August 22.
za^. $er w.L
it t
y torne
C
THStaem
Attachs,
cc City Manager
q I'"Law
•
City Council, Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California
Gentlemen:
0 4'KOCM -FM 103.1 THINK ORANGE
SUCCESS BROADCASTING COMPANY
951 W. 16TH ST., NEWPORT BEACH
CALIFORNIA • PHONE 646.0253
July 27, 1966
y pp
r
u n Ar- f
^tt OF
,IIPORT 6rwl, t-
CALIk,
On February 1, 1964, KOCM officially commenced its
operation of expanded radio service to the Newport area
as well as throughout Orange County. During this past
22 years, it has been our objective to bring Orange
Countians the finest in high fidelity music. After doubl-
ing the effective radiated power last year, we installed
the latest stereo multiplexing equipment and today, are
one of the few full time stereo stations in Southern
California. Our expanded coverage gives us a market area
from Long Beach to San Clemente extending to the northern-
most limits of the County.
In order to keep us posted on KOCM listener - penetration,
the Telecommunications Services division of Western Union
conducted a survey of FM radio impact in the Harbor area.
The survey was gathered from a cross - section sampling of
nearly 0.651. of all households from Huntington Beach to Laguna
Beach, during a 10 day period.
(more)
�4.
A.
01
N.B.City Council
Page 2
7/27/66
To keep the Council apprised of KOCM's impact and FM,
in general, the following are results of the survey for
your interest:
3 out of 5 family units listen to FM
60.6% of all Newport households are penetrated
by FM
42.1% of all Newport households normally listen
to KOCM
30.50/. of all Orange Coast households normally
listen to KOCM
Throughout Orange County, KOCM is normally
listened to by 131,256 persons.
We feel the above survey reflects the wide acceptance
of not only KOCM but FM radio, in general, throughout
Orange County.
GWB•lr
Sincerely,
Gary W. Burrill,
Vice President
u
" . ® O vOCM•FM'103.1 THINK ORANGE
W3
City Council, Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California
Gentlemen:
SUCCESS BROADCASTING COMPANY
951 W. 16TH ST., NEWPORT BEACH
CALIFORNIA PHONE 646 -0253
July 27, 1966
LIT
Agra 1 1666 9�
CITY OF
NEVIP OR'EBEACH, \
Re: Reauest for extension of License
Agreement originally entered into
between the City of Newport Beach
and Newport -Costa Mesa Broadcasting,
Inc., and Amendment thereto.
As you will recall, we submitted a proposal for extensive
modifications to our lease with the City, by our letter of
September 8, 1965.
We now wish to abandon the proposals set forth in the
letter above referred to and simply request that the council
approve the extension of the term of the lease through November
30, 1971, pursuant to the Amendment to License Agreement dated
November 16, 1961, a copy of which is attached hereto for your
convenient reference.
Respectfully yours,
SUCCESS BROADCASTING COMPANY
'�'4�i f Ci%i£ t
Gary vY. Burrill,
Vice President
GWB:lr
Attachment
OC /yl -
d: k
3n 0 , VT
(7); O'O
•0
AmeY)m M LICE"= AGRA r
f�
TIUS AMENDMENT* made and entered into this 11th day of
December, 1961, by and between the CITY OF NOMRT BEACH. a
5 municipal corporation, hereinafter referred to as "City", and
6 N RT -COSTA MESA BROADCASTING, tNC.;, a California corporation,
7 hereinafter referred to as "Licensee";
s ,1 ss�
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
UiHraRl+MAS, City and Licenses entered into s license agree-
meat dated the 14th day of February, 1961, under which Licensee
was granted a licenses and permit to construct and maintain a radio
transmitter and a 'radio tower on City -owned property described as
the westerly 290 feet of Lot 1013, in the First Addition to
Newport Mesa Tract, as per map recorded in Bock 89 page 610 of
Miscellaneous Maps. Records of Orange County, and
WHEREAS, since said agreement was entered, a City-owned
building has been moved onto said property Mich mould be useful
to Licensee and
WHEREAS, it is necessary to increase the size of said
building and the parties wish to amend said agreevient as havoin•
alter provided;
HOW, THERErMEt the parties agree:
Paragraph I of said agreement is amended to reads
"1. License gran ed. City hereby grants to Licensee
a permit anr`Tlcense to construct and maintain a radio
transmitter within the City�aaaned building on said City
land located 38 feet, more or less, from 16th Street and
53 Peet, more or less, from the westerly boundary of said
City-owned land, and to maintain the existi% radio tower
thereon which vas constructed pursuant to this agreement.
Any change in the type of construction or the location of
the radio tower is aubject to the prior written approval
of the City. In any events the tower shall not exceed
250 Peet in height.
Licensee may alter said City-awned building to accom-
modate its needs and may increase the size thereof up to
600 square feet; provided, however, that the plans for
any such alterations or addition ant be submitted to City
and approved in writing.prior to any such canstruction.
A
Pi
Licensee agrees to construct fences. , equal in heights
1 construction, and quality to the fence enclosing Said City+
2 owned property, extending home the City fence along 16th
Street to the easterly .and westerly sides of said build-
3 ing in which the tranamitter is located, in a manner ,to
�arovide a minimuas of two parking spaces adjacent to said
4 building. The number of parking apace$ provided shall
be in conformance with City coning requiresaents. The
5 fence required hereunder shall be constructed within 90
days from the date of this amendment. The.erect location
6 of the fence and the proposed parking layout shall be as
designated on plans therefor which are to be prepared by
7 Licensee and submitted to and approved in writing by the
Public Works Department of City.
8 During the term of this licennse, agreement Licenses.
9 shall meintaiA in good repair all the fence which encloses
that portion of the reservoir property being used by
10 Licensee. The land enclosed by the fence constructed and
maintained by Licensee shall be available to Licensee for
11 parking purposes. Licensee shell keep the land within
the fenced or" around said building clean and urea of
12 weeds and debaria.'e
13 Paragraph 2 of said license agreement is amended to
14 reads
15 'e2. Term. The term of this license "San on March 1,
19619 And —9FtaU end on November 309 2966. Licensee shall
16 have the option to extend the term through November 30,
1968, and with the approval of the City Council, through
17 Hovem ; 19710 by giving written notice to the City not
later than 440 days prior to the end of the initial tezm.
18 If$ after receiving the written notice of Licensees desire
to extend the term through November 30, 19710 the City
19 Council fails to approve the reqquested extension on of before
Havember 309 1966* the term sha1L and oa November 309 1968.
20
21 Paragraph 3 of said license 48TOOMOUt is smanded to rood
22 t63. Co_n_s��de_r_alim, in consideration to City licenses e
Lioeaasee s� � following paymen y
23 periods of time specified%
24 (a) From March Is 1961# through Novenber
30 . 1961.0 $350 per year.
25
3 (b)
Prom
1�crv.
26
9�b4�751pe�9�ier�b
27
1 : (c)
rrom December 1, 1964, through
November
30,, 19660 $525 per year.
28
(d)
From December 1, 1966s through
November
29
30, 1%60 $600 peat year.
30
(a)
pies December 1, 1968s through
NoVember
301 1971, $750 per year.
31
-
32.1
!aymaat of tits
comideratioa ahaii be made quarterly ilk
2.
f A -
u
2
3
4
5
6
7'
8
9
10
12
13
14
15'
16
17'
18
191
20
21
22
23
24
25
26
27
28
29
30
31
32
advances with the first (piarterly pa nt under this contract
as amended being made December 1, 19bIt and the second and
each subsequent quarterly payment being due and payable on
or before the first day of eacia subsequent March, June.
September, and December during the tares or any extension
thereof .lt
raadf
Paragraph 7 of said license agreement is amended to
117. Use of 'Towner. It is mutually agreed that Licenses
shall offer t a use oT the tower to other agenciess includ-
ing City, for broadcasting purposes duri"g the term hereof
on condition that such additional use will not interfere
with or be detrital to the use by Licensee. Any such
use shall be subject to the approval of City. A reasonable
charge may be made for such use by agencies other than
City; provided, however, that the amount of such charge
is subject to the approval of City. Licensee shall pay
City 25% of all revemaa received from the use of the tower
by anyone other thaw Licensee."
IN W1Tt O 3iFi81 OFs the parties hereto have executed
this smandamt as of the day and year first above written.
CITY OF IegwPO
By
Mayor
Attests
9 CITY
Atteatt
so
secretary,,*,
H!
q0
90
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
TO: CITY COUNCIL
FROM: City Manager
SUBJECT: PROPOSAL OF SUCCESS BROADCASTING COMPANY (RADIO STATION KOCM)
� IL
, 1
October 21 196 5
As you know, Success Broadcasting Company has requested an extension. ;.
of its lease until November 30, 1975. The existing lease runs until Novem-
ber, 1968, with Council option to grant an extension until November 30, 1971.
Researched information pertinent to this matter is out -lined below.
1. The radio transmitting station, measuring 600 square feet and
a 350 foot tower, are now located on a piece of City -owned property in the
most westerly portion of Newport Beach. This parcel of land measures 200'
by 300' (1.99 acres). Thus, company improvements occupy a very small proportion
of this property, the largest portions being vacant.and occupied by two aban-
doned City water reservoir.tanks. The City has no plans at this time for
future use of the property. I'f the existing lease is extended until 1975,
Success Broadcasting proposes to expand the size of its transmitting station
from 600 square feet to 1,000 square feet. If the lease is not extended
until 1975,, they will likely delay construction or possibly seek another
suitable location.
2. The land is zoned M -1 -A (Controlled Manufacturing). Our master
plan of land use indicates that property in the immediate vicinity will be
utilized and developed for industry.
3. This parcel of land has an informal appraised value of $85,000.
4. The property is situated in the path of the Inland Corridor route
proposed by the City of Newport Beach.
5. We are currently receiving $43.75 per month from Success Broad-
casting Company for the use of this property, to change to $50.00 per month
as of December 1, 1966, in accordance with the existing lease. If the Council
extended the lease through November 30, 1971, the monthly rental would be
$62.50 from December 1, 1968. Their new proposal calls for the same rate
structure to apply through November 30, 1971, with a monthly rental of $75.00
from then through November, 1975. If we allow an extension of the lease and
permit an expansion of the building, it may behoove us to evaluate the current
rental structure for a possible adjustment written into the lease amendment.
6. In addition, the City this fiscal year received $91.22 in property
taxes from the broadcasting company.
_g_ 90
7. There are several manufacturing and industrial firms located
near this parcel of land. Because there apparently is an overabundance of
manufacturing property on the market at this time,.it is doubtful that much
additional rental could be received from any manufacturing concern that
might be interested in the property. In addition, building starts are off,
and financing is becoming more difficult. The residential real estate mar-
ket, being off approximately 25 %, is another indication that the disposal
of the parcel would not yield a good price at this time.
In view of the above factors, the following is recommended:
1. That, pending resolvement.of the freeway route matter, the
Council agree to extend the lease through November 30, 1971, in confor-
mance with the terms of the lease (unless the freeway route requires aban-
donment.of the property before that date.) In addition, the Council might
allow Success Broadcasting the option to extend the lease through Novem-
ber, 1975, if the property is not affected by the freeway alignment.
2. That if the Council desires Success Broadcasting Company to
remain in the City, it consider the feasibility of leasing them another
parcel of City -owned land for their operations in the event the freeway
route forces the company to relocate. Allowing the Company to lease .a
portion of the existing Big Canyon Reservoir site is one possibility which
would offer them an excellent transmitting location. This, however, would
be a costly move and would entail securing appropriate clearances from the
Federal Communications Commission and Federal Aviation Agency.
3. That, in the meantime, Success Broadcasting Company be permitted
to expand their studio quarters from 600 square feet to a maximum of 1,000
square feet to accommodate the growth of the station. They may not choose
to expand and improve their facilities unless their lease is extended
until 1975, but they should probably have the opportunity to do so.
4. That if their studio quarters are expanded, consideration be
given to making an adjustment in their monthly rental payment. They should
possibly be required to pay a larger sum for the privilege of using additional
City -owned property.
The only likely effect Council action would have on the existing
lease at this time would be the amending of Section ill, "License Granted ",
to provide for expansion of the City -owned building up to 1,000 square feet;
Section 112, "Term ", to allow for an extension through 1975; and Section #3,
"Consideration ", to provide for an appropriate rental adjustment. The balance
of the lease would remain unchanged.
HARVEY L. HURLBURT
HLH /JPD /mjc
�r
•40 •"
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To City Clerk
From: City Attorney
December 14, 1964
Subject: Amendment to License Agreement, Success Broadcasting
Company (Agenda Item K -7)
Transmitted are the original and two copies of the subject
Amendment to License Agreement, all of which have been executed
by the Success Broadcasting Company.
The attached resolution, if adopted by the City Council, will
authorize execution of said amendment on behalf of the City.
THS :mec
Encs.
cc —City Manager
Planning Director
&'�.
Tull H. Se ur
City Attorney
Note to City Clerk: The corporate seal of
Company was not attached to the documents.
requested when the City is ready to execute
1.
t :
THS
Success Broadcasting
This should be
the same.
c -7ia.
Lit. •me
iz' 7164 (7>
1 AMENDMENT TO LICENSE AGREEMENT
2
3 THIS AMENDMENT, made and entered into this i���day of
4 December, 1964, by and between the CITY OF NEWPORT BEACH, a
5 municipal corporation, hereinafter referred to as "City ", and
6 SUCCESS BROADCASTING COMPANY, a corporation, hereinafter referred
7 to as 'Licensee'
81 WITNESSETH:
i
9 WHEREAS, City and Newport -Costa Mesa Broadcasting, Inc..,
10l entered into a license agreement dated February 14, 1961, under
11 which said broadcasting corporation was granted a license and perm
12 to construct and maintain a radio transmitter and.radio tower on
13 certain City -owned property as described in said 1961 agreement;
14 and
15 WHEREAS City and said broadcasting corporation entered
16 into an amendment to said license agreement dated December 11, 1961,
17 which amended paragraphs 1, 2,3 and 7 thereof; and
18 WHEREAS, SUCCESS BROADCASTING COMPANY is the successor
19 by assignment of said Newport -Costa Mesa Broadcasting, Inc,; and
20 WHEREAS, Licensee has been authorized by the Federal
21 Communications Commission to increase its power output; and
22 WHEREAS, in order to increase the power output of said
23 radio station it will be necessary to increase the height of the
24 existing radio tower on said City -owned property from a height of
25 250 feet to an approximate height of 350 feet; and
26 WHEREAS, Licensee has requested that the City Council of
27 the City of Newport Beach authorize such height increase by appro-
28 priate amendment of the license agreement of 1961, as subsequently
29 amended, as hereinafter provided;
30 NOW, THEREFORE, the parties agree as follows:
31 Paragraph 1 of said agreement as amended is. further amendi
32 1 to read as follows:
I "1. License Granted. City hereby 4rants to Licensee
a permit and license to construct and maintain a radio
2 transmitter within the City -owned building on said City
land located 38 feet, more or less, from 16th Street and
3' 53 feet, more or less, from the westerly boundary of said.
City -owned land, and to maintain the existing radio tower
4 thereon which was constructed pursuant to this agreement.
Any change in the type of construction or the location of
51 the radio tower is subject to the prior written approval
I of the City. The tower may be increased in height from
61 its existing height_to a height not to exceed 350 feet;
7i provided, however, that a use permit authorizing said in
creased height must first be obtained from the Planning
8 Commission of the City of Newport Beach.
i Licensee may alter said 'City -owned building to acccm-
9 modate its needs and may increase the size thereof -up to
600 square feet; provided, however, that the plans for
10 any such alterations or addition must be submitted to City
11 and approved in writing prior to any such construction.
Licensee agrees to construct fences, equal in height,
12 construction, and quality to the fence enclosing said City
owned property, extending from the City fence along 16th
13 Street to the easterly and westerly sides of said build-
ing in which the transmitter is located; in a manner to
14 provide a minimum of two parking spaces adjacent to said
building. The number of parking spaces provided shall
15 be in conformance with City zoning requirements. The
exact location of the fence and the proposed' parking lay -
16 out shall be as designated on plans therefor which are to
be prepared by Licensee and submitted to and approved in
17 writing by the Public Works Department of City.
18 During the term of this license agreement., Licensee
shall maintain in good repair all the.fence which encloses
19 that portion of the reservoir property being used by
Licensee. The land enclosed by the fence constructed and
20 maintained by Licensee shall be available to Licensee for
parking purposes. Licensee shall keep the land within
21 the fenced area around said building clean and free of
weeds and debris."
22
23 IN WITNESS WHEREOF, the parties hereto have executed
24 this amendment as of the day and year first above written.
25 SUCCES B OADCAST G COMPANY CITY OF T BEA By 26 By
President Mayor
27
Attest: Attest:
28
29 secretary Uty -Clerk
30 LICENSEE CITY
31
32
2.
(7)
i
I
i
i
i
I
_
3
&
5
b
7
«
9
to
11
12
13
:
±a
1#
17
la
19
20
2
22
23
24
25
m
m
29
30
31
:m
Attest: .
Secretary «
Atm;
w
CI:
4
i KOCM-FM 103.1 THINK ORANGE
SUCCESS BROADCASTING .COMPANY
951 W. 16TH ST., NEWPORT BEACH
CALIFORNIA • PHONE 646 -0253
"p tember 8, 1965
aa
l�
City Council, Newport Beach
City Hall
3300 Newport Blvd.
Newport Beach, Calif.
Att: Miss Marjorie Schroeder, City Clerk
Gentlemen:
This letter will serve as notice that Success Broadcasting Company hereby
extends the term of that certain lease originally entered into between the
City of Newport Beach and Newport -Costa Mesa Broadcasting, Inc., thereafter
assigned to Success Broadcasting Company, through November 30, 1968.
We wish, at this time, to request that our lease with the City of Newport
Beach be amended in order to provide for a 10 -year term. Our reason for
making this request at the present time is that we are in the course of
constructing very substantial improvements to the Station, including increas-
ing the height of our tower. We have discovered, in the past few days, that
very substantial unanticipated expenses, of a real property improvement
nature, will be required in order to successfully complete the heightening
of our tower. In view of these very substantial expenses, we feel that we
should assure ourselves of a sufficient lease term to allow us to recover
these expenses.
9 sZ� 4J
(more)
r City Council Newp #Beach
Page 2
We propose the following amendments to the amended lease now in effect.
Paragraph 1 of said License Agreement to be amended, as follows:
"1. License Granted. City hereby grants to Licensee a permit and
license to construct and maintain a radio transmitter within the City -
owned building on said City land located 38 feet, more or less, from 16th
Street and 53 feet, more or less, from the westerly boundary of said City-
owned land, and to maintain the existing radio tower thereon which was
constructed pursuant to this agreement. Any change in the type of cons-
truction or the location of the radio tower is subject to the prior written
approval of the City.
Licensee may alter said City -owned building to accommodate its needs
and may increase the size thereof up to 1,000 square feet; provided,
however, that the plans for any such alterations or addition must be sub-
mitted to City and approved in writing prior to any such construction."
Paragraph 2 of the License Agreement to be amended, as follows:
"2. Term. The term of this license began on March 1, 1961, and
shall end on November 30, 1975."
Paragraph 3 of the License Agreement to be amended, as follows':
"3. Consideration. In consideration of this license, Licensee
shall make the following payments to City for the periods of time speci-
fied:
(a) From October 1, 1964, through November 30, 1966,
$525 per year.
(b) From December 1, 1966, through November 30, 1968,
$600 per year,
(c) From December 1, 1968 through November 30, 1971,
$750 per year.
(d) From December 1, 1971, through November 30, 1975,
$900 per year."
The balance of Paragraph 3 would remain the same as set forth in
the amended lease.
The amendments we have set forth above are intended to accomplish
the following purposes:
(1) Increase the term to ten years,
(2) Allow us to expand our studio quarters to a
maximum of 1,000 feet, in accordance with the
growth of the Station and of the City.
(more)
City Council Newport Beach
Page 3
We have provided for increased rental payments in keeping with the
previous annual increases.
As many of the Council Members are aware, since commencing operations
in Newport Beach, we have invested approximately $50,000.00 in improvements
to Station KOCM and have greatly improved the Station's ability to serve
Newport Beach and to represent Newport Beach on the air. The requests set
forth in this letter indicate, we believe, our faith in Newport Beach and
our intention to continue to serve the City in the best way possible through
the years.
Respectfully submitted,
SUCCESS BROADCASTING COMPANY
i
'Philip Davis,
President
PCD:lr
copy to: Mr. Harvey Hurlburt, City Manager
64 (12)
ARSOLUTION
xx.
,_ ;c AUTHORIZING .. EXECUTION ,
`
!C v 1% t. AG"RiENT
I
046
CITY OF NEWPORT BEACH
DEPARTMENT
•0
NO.
TO: City Clerk, Purchasing Dept,
FROM: George Pappae, Acting Finance Director
SUBJECT: CHAH(g OF ADDEBSS AND NAM ON CONTRACT 722
OX:
TO:
zmCTIVz:
b Cis G RK
APk 6 1964 r
CITY OF
NEWPORT BEACH,
_ CALIF.
Date Amril 6. 1964
Newport -Costa ]Bess Broadcasting Co.
1418 V. Bay Avenue
Newport Beach, California
Success Broadcasting Co.
951 V. 17th Street
Newport Beach, California
Radio Station NOO (formerly KIM)
Dei
0
00 0!
April 6, 1964
Success Broadcasting Company has succeeded in
interest to the Costa Mesa Broadcasting Company
according to information from Don Means received
today. 14GOM are the call letters.
Kc6e -�-t
• 0
LUMBERMENS
CASUALTY - C
MUTUAL
O MPANY
HOME OFFICE: CHICAGO 40
417 MONTGOMERY STREET
TELEPHONE YUKON 2-2727
SAN FRANCISCO 4, CALIFORNIA
t - 1 %. 'L-
May 13, 1963
City of Newport Beach
3300 West Newport Avenue
Newport Beach, California
Gentlemen:
NEWPORT -COSTA MESA BROADCASTING
AND JAMES D. HIGSON
POLICY 2YL.637 813
This is to advise you that the above policy was cancelled
effective January 17, 1963, and replaced by policy 3YL 637
813.. There has not been a lapse-in coverage, or any-change
in coverages provided. The issuance of a new policy, was
simply to change the policy term to one year, effective
January 17, 1963, to expire January 17, 1964.
We issued 'a new certificate of insurance to you effective
January 8, 1963, which applies to th6.,3YL 637 813 policy.
All certificates issued to you for Newport -Costa Mesa
Broadcasting, Inc., Et Al prior to February 8, 1963, are
void.
Sincerely,
L. J. Lovell
C & L Und. Dept.
748 -7 -723
/V
.+��.
L�_ Lo for this Symboi of v INSURANCE !a Better Insurance Service
� de
D
CITY OF NEWPORT BEACH
OFFICE OF THE CITY.MANAGER
TO: am ArVMMM
. •
M,
mouth Its 1963
f
S; Cur awk/
Mp���og63v
1 Site N �E.
hA
'ems
as.
RETURN ONE COPY WITH REQUESTED INFORMATION OR ,ACTION
NEW YORK Ax�nxANnigm xANDmu
BALTIMORE
ATLANTA
INCORPORATED
CHICAGO
CLARKSBURG
I N S U R. A. N C. E
LOS ANGELES
MIAMI
AVERAGE ADJUSTERS CONSULTING ACTUARIES
MONTREAL
NEWARK
311 CALIFORNIA STREET, SAN FRANCISCO 4, CALIF.
NEW ORLEANS
PHILADELPHIA
PITTSBURGH
SAN FRANCISCO
March 14, 1963
ST.. LOUIS
TORONTO
TULSA
City of Newport Beach
City Hall
3300 West Newport Boulevard
Newport Beach, California
Attention: Mr. Thomas H. Childs
Assistant to City Manager
Gentlemen:
Per your request, we have had a representative of the Insurer
write in the signature over the facsimile on the certificate.
We also enclose a specimen policy setting forth coverages
K and L.
JWH:llm
Enclosure
cc: Mr. James D. Higson
Yours very truly,
TELEPHONE
EXBROOK 7-6120
CABLE ADDRESS
"ALEXFRAN"
Ai
APPROVED AS TO FO, yM
Certificate of 3mtranc$ated:
WA R w. CHARA
LUMBERMENS MUTUAL CASUALTY COMPwt rney MZA
CHICAGO 40. ILLINOIS BY
THIS CERTIFICATE IS ISSUED AT THE REQUEST OF: TU!'�y i SE'-
Assistant CiP/ Attorney
CITY OF NEWPORT BEACH � DATE February 8,1963
F
• 3300 ?PEST NEWPORT AVENUE
. NEWPORT BEACH, CALIFORNIA I
TFIE 'FOEEnwIAIG INAl11 a%iny On1 1r!IRC YSVF RRFN IR[A1mn Ti-
INSU RED'S NAME AND ADDRESS
NEWPORT -COSTA MESA BROADCASTING, INC.AND JAMES D.HIGSON,INDIVIDUALL
1418 WEST BAY AVENUE, NEWPORT BEACH, CALIFORNIA
POLICY NUMBER
EFFECTIVE DATE
EXPIRATION DATE
TYPE OF POLICY
LOCATION TO WHICH CERTIFICATE APPLIES
3YL637813
1 -17 -63
1 -17 -64
Compre,Comb.
971 - 16th Street
Auto and
Newport Beach, Calif.
General Liab.
LIMITS: OF LIABILITY
WORKMEN'S COMPENSATION
EMPLOYER'S LIABILITY
EMPLOYER'S LIABILITY
IS
OCCUPATIONAL DISEASE
COVERAGE A
S
(COVERAGE)
(COVERAGE
THE LIMIT OF LIABILITY UNDER:
EACH ACCIDENT
AGGREGATE' -EACH STATE
COVERAGE A OF THE POLICY
IS THE STATUTORY LIMIT OF
THE WORKMEN'S COMPENSATION'
LAW APPLICABLE. WITH
RESPECT TO THE LOCATION'
-
STIPULATED ABOVE.
LIMITS OF
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
J♦
HAZARDS I AROSNSURED (ABILITY
EACH
PERSON
EACH
AGGREGATR
PRODUCTS
EACH
EACH
POLICY
AGGREGATE
ccurrenc
General Liability
300,000.
300,000.
300,000.
50,000.
50,000.
Automobile
300,000.
300,000,
--
*50,000.
--
Automobile Property
DESCRIPTION OF OPERATIONS
SPECIAL PROVISIONS
It is agreed that the insurance providdd by this policy
will not be cancelled, changed or lapsed until thirty (30) days
written notice of such cancellation, change, or lapse has been
forwarded to City of Newport Beach, 3300 West Newport Avenue,
Newport Beacr, California.
0.�
ISSUED AT
San Francisco, California
AUTHORIlBD REPRESENTATIVE
CA 5 -7 4-62 50M KEMPER PRINTED
INSURANCE
I.IAB. 45
ADDITIONAL INSURED— LESSOR
It is agreed that such insurance as is afforded by the policy for Bodily Injury Liability and for Property Damage Liability applies to the
person or organization designated below, as insured, . but only with respect to liability arising out of the ownership, maintenance or use of
that part of the premises designated below leased by said person or organization to the named insued, subject, to the following additional
provisions:
The insurance does not apply:
(I) to accidents which occur after the named .insured ceases to be a tenant in said premises;
(2) to structural alteration=_, new construction or demolition .operations performed by or for said person or organization.
The exclusion in the policy relating to liability assumed by contract is replaced by the following with respect to the insurance; afford-
ed to said person or organization:
To liabilitv assumed by said person or organization under anv contract or agreement, but this exclusion does not apply to the
following types of written agreements relating to the premises:
(1) anv easement agreement, except in connection with. a railroad grade crossing,
(2) any agreement required by municipal ordinance, except in connection with work for the municipality,
(3) anv elevator or escalator maintenance agreement, or
(4) anv lease of premises agreement.
DESIGNATION OF PREMISES
(PART LEASED TO NAMED
NAME OF ADDITIONAL
INSURED
PREMIUMS
BODILY INJURY
PROPERTY DAMAGE
INSURED)
ENOORyS(EMENi EFFECTIVE
R
1�i�S1 A l�.., If "SIG 1,r
LIABILITY
LIABILITY
a71 16TH STREET,
CITY OF NFNI'PORT REAM
14.8o
6,30
VFWPORT 8FACH4 CAL7ORNIA
NE4>rPORT BEACHi CALIF;
AWoVED
AS YOPFORM
Dated: 3
AD-43
WALTER 11.
CHARAMZA
City Attorn
BY-/ --
-�/-
TULLY
SEY R
THIS ENDORSEMENT APPLIES
SOLELY TO COVE
'AGE,9%YstoAkMly
ttorney
TOTAL PREMIUM
14.8o
6..30
The effective date and hour of this endorsement is stated below and reference to .hour shall be Standard Time at the address of the
named .insured as stated in the policy. This endorsement shall terminate with the policy:. -
This endorsement is subject to the declarations, conditions, exclusions and other terms of the policy which are not inconsistent herewith,
and when countersigned by an authorized representative of the company forms a part of the policy described below.
LUMBERMENS MITTUAL CASUALTY
----------------------------------------------------- .------- -------- - --- , -.. - "— --:.._:.:-------
Companv
ISsU
f�fFr�PORT- COSTA
MESA BROADCASTING., INC.
POLICY EFFECTIVE
"999>L � j �,3
PROOU CER "S NUMBER
52 81F87
POLICY NUMBERp
37 81 �.
ExooasrsM��SYYni No.
1G
ENOORyS(EMENi EFFECTIVE
R
1�i�S1 A l�.., If "SIG 1,r
F SIGNATURE OF LICENSED RESID NT AGENT
Jlyld' be
COUNTERSIGNED
San Francisco, Calif.
Dw
1" 8 ° "v 6�
jt
2
LIAB. 45 �✓�I�1/►
CK225.3 11 -61 IOM REV. 7 -3 -61 aFfN —ED IN u.G A.
(FOR USE WITH SCHEDULE AND COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE GENERAL - AUTOMOBILE LIABILITY POLICIES)..
KEMPER
INSVRgNCE
COMPANY
8. THE INSURANCE AFFORDED IS ONLY'WITH RESPECT TO SUCH OF THE FOLLOWING COVERAGES AND DIVISIONS THEREUNDER AS ARE
INDICATED BY SPECIFIC PREMIUM CHARGE OR CHARGES. THE LIMIT OF THE COMPANY'S LIABILITY AGAINST EACH SUCH COVERAGE OR A
DIVISION THEREUNDER SHALL BE AS STATED HEREIN. SUBJECT TO ALL OF THE TERMS OF'THIS POLICY HAVING REFERENCE THERETO.
ADVANCE PREMIUM
LIMITS OF LIABILITY
COVERAGES
COMPREHENSIVE AUTOMOBILE AND GENERAL
$ EACH PERSON
S EACH OCCURRENCE
A. BODILY INJURY LIABILITY— AUTOMOBILE
'
.
LIABILITY POLICY—PACIFIC COAST FORM
B. PROPERTY DAMAGE LIABILITY—AUTOMOBILE
S
DECLARATIONS
C. MEDICAL PAYMENTS— AUTOMOBILE
DIVISIONS 1 AND 3— "PLEASURE AND BUSINESS"
CLASSIFICATION
L.
NAMED INSURED
DIVISIONS 2 AND 3— "COMMERCIAL" CLASSIFICATION
2.
P.O. ADDRESS OF FIRST NAMED INSURED (Npwwm - ¢rw¢pr • MT, on e0¢r OF 49 -.2oR¢ svawri - eTwikl
S.
BUSINESS CONDUCTED
ACTUAL CASH VALUE LESS 6 DEDUCTIBLE
NAMED INSURED IS
®
ACTUAL CASH VALUE UNLESS OTHERWISE
STATED IN THIS POLICY. SUBJECT TO A.
S AGGREGATE
- "
E. COMPREHENSIVE— (lI¢Ipolpp Fi p A not; Eui¢GI02 C9111.1p0 w Upset)
DIVISION 1- --PLEASURE AND BUSINESS- CLASSIFICATION'
❑INDIVIDUAL ❑ PARTNERSHIP ❑CORPORATION
4.
POLICY PERIOD:
F. FIRE. LIGHTNING AND TRANSPORTATION
TO
G. THEFT
FROM
N. WINDSTORM'
12:01 A.M.. STANDARD TIME AT THE
1. COMBINED ADDITIONAL COVERAGE
$
$28.00 FOR EACH DISABLEMENT
ADDRESS STATED IN DECLARATION L
8. THE INSURANCE AFFORDED IS ONLY'WITH RESPECT TO SUCH OF THE FOLLOWING COVERAGES AND DIVISIONS THEREUNDER AS ARE
INDICATED BY SPECIFIC PREMIUM CHARGE OR CHARGES. THE LIMIT OF THE COMPANY'S LIABILITY AGAINST EACH SUCH COVERAGE OR A
DIVISION THEREUNDER SHALL BE AS STATED HEREIN. SUBJECT TO ALL OF THE TERMS OF'THIS POLICY HAVING REFERENCE THERETO.
ADVANCE PREMIUM
LIMITS OF LIABILITY
COVERAGES
g
$ EACH PERSON
S EACH OCCURRENCE
A. BODILY INJURY LIABILITY— AUTOMOBILE
'
®
S EACH OCCURRENCE''
B. PROPERTY DAMAGE LIABILITY—AUTOMOBILE
S
8 EACH PERSON
C. MEDICAL PAYMENTS— AUTOMOBILE
DIVISIONS 1 AND 3— "PLEASURE AND BUSINESS"
CLASSIFICATION
S
S EACH PERSON
DIVISIONS 2 AND 3— "COMMERCIAL" CLASSIFICATION
S
ACTUAL CASH VALUE LESS S DEDUCTIBLE
D. COLLISION OR UPSET
DIVISION CLAB�IFICATION
S
ACTUAL CASH VALUE LESS 6 DEDUCTIBLE
DIVISION 2— "COMMERCIAL" CLASSIFICATION
®
ACTUAL CASH VALUE UNLESS OTHERWISE
STATED IN THIS POLICY. SUBJECT TO A.
S AGGREGATE
- "
E. COMPREHENSIVE— (lI¢Ipolpp Fi p A not; Eui¢GI02 C9111.1p0 w Upset)
DIVISION 1- --PLEASURE AND BUSINESS- CLASSIFICATION'
S
DIVISION 2— "COMMERCIAL" CLASSIFICATION
$
F. FIRE. LIGHTNING AND TRANSPORTATION
S
G. THEFT
S
N. WINDSTORM'
S
1. COMBINED ADDITIONAL COVERAGE
$
$28.00 FOR EACH DISABLEMENT
J. TOWING AND LABOR COSTS
S
S EACH PERSON'
8 EACH OCCURRENCE
S AGGREGATE PRODUCTS "1
K. BODILY INJURY LI ABILITY--OTNER THAN AUTOMOBILE
S
S EACH ACCIDENT I•'
g - AGGREGATE OPERATIONS
AGGREGATE PROTECTIVE
$ AGGREGATE PRODUCTS
g AGGREGATE CONTRACTUAL
gRTY DAMAGE LIABILITY —OTHER THAN AUTOMOBILE
g
S EACH PERSON
'
S BALM ACCIDENT
y �w" �'V
M. MEDICN' PREMISES AND OPERATIONS
_
$
ENDORSEMENT PREMIUMS -- BODILY INJURY
S
ENDORSEMENT PREMIUMS—PROPERTY DAMAGE
5
TOTAL ADVANCE PREMIUM
Ij
6, DURING THE PAST THREE YEARS IN. INSURER HAS CANCELLED OR DECLINED ANY SIMILAR INSURANCE. ISSUED TO THE NAMED INSURED
UNLESS OTHERWISE STATED HEREIN. -
COUNTDRSIONED AT
GOUNTDtSIGNATURR DAYS I COUNTERAIGNATURE OF LIOENSED RESIDENT AGENT
f
CA 896.2 5.61 2M SETS FORM-PC +A
GENERAL LIABILITY COVERAGES
INSURING AGREEMENTS
I. Coverage Bodily Injury Liability —Other Than Automobile.
To pay on Ralf of the insured all sums which the insured shall
become legally obligated to pay as damages, because of - bodily
injury, or disease, including death at any time resulting
therefrom, sustained by any person.
Coveragb I,t Property Damage Liability —Other Than Automobile.
To pay behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of injury to
or destruction of property; including the loss of use thereof, caused
by accident.
Coverage M. Medical Payments —Other Than Automobile. To pay
all reasonable expenses 'incurred within one year from the date of
accident for necessary medical, surgical and dental services, includ-
ing prosthetic devices, and necessary ambulance, hospital, profes-
sional nursing and funeral services, to or for each person who
sustains bodily injury, sickness or disease, caused by accident and
arising out of a hazard, described in the declarations as insured
under Coverage K.
11. Defense, Settlement, Supplementary Payments. With respect to
such insurance as is afforded by this schedule for bodily injury
liability and for property damage liability, the company shall:
(a) defend any suit against the insured alleging such injury,
sickness, disease or destruction and seeking, damages on
account .thereof, even if such suit is groundless, false or
fraudulent; but the company may make such investigation,
negotiation and settlement of any claim or suit as it .deems
expedient;
(b) (1) pay all premiums on bonds to release attachments for an
amount not in excess of the applicable limit of liability of
this schedule, all premiums on appeal bonds required in
any such defended suit, but without any obligation to
apply for or furnish any such bonds;
(2) pay all expenses incurred by the company, all costs taxed
against the insured in any such suit and all interest ac-
This Policy Does not Apply:
SCHEDULE PC-3
cruing after entry of judgment until the company has paid
or tendered or deposited in court such part of such judg-
ment as does not exceed the limit of the company's
liability thereon;
(3) pay expenses incurred by the insured for such immediate
medical and surgical relief to others as shall be imperative
at the time of the accident;
(4) reimburse the insured for all reasonable expenses, other
than loss of earnings, incurred at the company's request;
and the amounts so incurred, except settlements of claims and
suits, are payable by the company in addition to the applicable
limit of liability of this schedule.
III. Definition. of Insured. With respect to the insurance under
coverages K. and L the unqualified word "insured" includes the
named insured and also includes any employee, executive officer,
director or stockholder thereof while acting within the scope of his
duties as such, and any organization or proprietor with respect to
real estate management for the named insured. If. the named in-
sured'is a partnership, the unqualified word "insured" also includes
any partner therein but only with respect to his liability as such.
The insurance with respect to any employee of the named insured
does not apply:
(a) under Coverage. K; to any .employee with respect to injury to
or sickness, disease or death of :another employee of the same .
employer injured in the course of such employment in an occur-
rence arising out of the business of such employer;
(b) under Coverage L; to any employee with respect to injury to
or destruction of property, owned or occupied by, rented to, or in
the care, custody or control of the named insured, or property as
to which the insured for any purpose is exercising physical control.
IV. Policy Period, Territory. The insurance afforded under Cover-
ages K, L and M. applies only to occurrences or accidents which
take place during the policy period within the United States of
America, its territories or possessions, or Canada.
EXCLUSIONS
(a) under Coverages K, L and M, to liability assumed by the
insured under any contract or agreement except (1) a contract as
defined herein or (2) as respects the insurance which is afforded
for the Products Hazard as defined,: a 'warranty of goods or
products;
(b) under Coverages K,. L and M, to (1) the contractual liability
of others assumed by the insured under any contract or agreement
or,. (2) any obligation for which the insured may be held liable in
an action on a contract or an agreement by a person not aparty
thereto;
(c) under Coverages K, L and Nf, . except with respect to operations
performed by .independent contractors and except with respect to
.liability assumed by the insured under a. contract as .defined herein, .
to the ownership, maintenance, operation, . use, loading or unload-
ing of (1) watercraft if the accident occurs away from premises
owned by, tented to or controlled by the named insured, except
insofar as this part of this exclusion is stated in the declarations to
be inapplicable, (2) automobiles if the accident occurs away from
such premises or the ways immediately adjoining, or (3) aircraft;
(d) under Coverages K, L and M, to injury, sickness, disease,
death or destruction due to war, whether or not declared, civil war,
insurrection, rebellion or revolution, or to any act or condition
incident to any of the foregoing, . with respect to (1) liability as-
sumed by the insured under any contract or agreement or (2) ex-
penses under Insuring Agreement II (b) (3) or under Coverage M;
(e) under Coverages K, L. and M, to liability imposed upon the
insured or any 'indemnitee, as a person or organization engaged
in the business of manufacturing, selling or .distributing alcoholic
beverages, . or as an owner or Lessor of premises used for such
purposes, by reason of any statute . or ordinance pertaining to the
sale, . gift, distribution or use of any alcoholic beverage;
(f) under Coverages K,. L and M, to injury, sickness, disease,
death or destruction caused intentionally by or at the direction of
the insured;
(g) under Coverage K, to any obligation for which the insured
or any carrier as his insurer may be held liable under any work -.
men's compensation, unemployment compensation or disability
benefits law, or under any similar .law;
(h) under Coverage K, except with respect to liability assumed
by the insured under a contract as defined in the policy, to bodily
injury to or sickness, disease: or death of any employee of the
insured arising out of and in the course of his employment by the
insured;
(i) under Coverage L, to the Premises Water Damage Hazard as
defined in the policy unless such hazard is stated in the declara-
tions as included;
(j) under Coverage L, to injury to or destruction of (1) property
owned or occupied by or rented to the insured, or (2) except with
respect to liability under sidetrack agreements covered by the
policy, property used by the insured, or (3) except with respect to
liability under such sidetrack agreements or the use of elevators
or escalators at premises owned by, rented to or controlled by the
(Over)
C.K402 -2 11 -62 2M PRINTED IN U.S.A.
4 FOR USE WITH POLICIES CA. CM995j
EXCLUSIONS—Continued
named insured, property in the care, custody or control of the
insured or property as to which the insured for any purpose "is
exercising . physical control, or (4) any goods, products or con-
tainers thereof manufactured, sold, handled or distributed or
premises alienated by the named insured, or work completed by
or for the named insured, out of which the accident arises;
(k) under Coverage M, to bodily :injury to or sickness, disease or
death of:
(I) the named insured, any partner therein, any tenant or
other person regularly residing on premises owned by or
rented to the named insured, or any employee of such insured,
tenant . or other person arising out of and in the course of his
employment therewith, or
(2) any other tenant of such premises, or any employee of
such other tenant arising . out of and in the course of his
employment therewith, . on that part of such premises rented
to such other tenant, or
(3) any person arising out of and in the course of his employ-
ment if benefits therefor are in whole or in part either payable
or required to be provided under any workmen's compensation
law, or
(4) any person while engaged in maintenance, alteration,
demolition or new construction operations for the named in-
sured or for any lessee of the named insured or any lessor of
premises rented to the named insured, or
(5) any person practicing, instructing or participating in any
physical training, sport, athletic activity or contest;
(1). under Coverage M, to any expense for services by the named
insured, any employee thereof; or any person or organization
under contract to the named insured to provide such services;
(m) under Coverage M, to the ownership, maintenance, operation,
use, loading or unloading, of any automobile or any common
carrier;
(n) under Coverage M, to the products hazard.
CONDITIONS
1. Limits of Liability— Coverage K. The limit of bodily injury
liability stated in the declarations for Coverage K as applicable
to "each person" is the limit of the company's liability for all
damages including damages for care and loss of services, arising
out of bodily injury, sickness or disease, including death at any
time resulting therefrom, sustained by one person in any one
occurrence; the limit of such liability stated in the .declarations as
applicable to "each occurrence' is, subject to the above provision
respecting each person, the total limit of the company's liability
for all damages, including damages for care and loss of services,
arising out of bodily injury, . sickness or disease, including death
at anytime resulting therefrom sustained by two or more persons
in any one occurrence.
I Limits of Liability- Products — Coverage K. Subject to the .limit
of liability with respect to "each occurrence ", the limit of bodily
injury liability stated in the declarations for Coverage K as "ag-
gregate products" is the total limit of the company's liability for
all damages arising out of bodily injury, sickness or disease; in-
cluding death at any time resulting therefrom, caused by the
products hazard. All such damages arising out of one lot of goods
or products prepared or acquired by the named insured or by
another trading under his name shall be considered as arising out
of one occurrence.
3. Limits. of Liability— Coverage K. All damages arising out of
continuous or repeated exposure to substantially the same general
condition shall be considered as arising out of one occurrence.
4. Limits of Liability— Coverage L. The limit of .property damage
liability stated in the declarations for Coverage L as .applicable
to "each accident" is the total limit of the company's liability for
all damages arising out of .injury to or destruction of all property
of one or more persons or organizations, including the loss of use
thereof, as the result of any one accident.
Subject to the limit of liability with respect to "each accident ",
the limit of property damage liability stated in the declarations
for Coverage L as "aggregate operations" is the total limit of the
company's liability for all damages arising out of injury to or
destruction of property, . including the loss of use thereof, caused
by the ownership, maintenance or use of premises or operations..
rated on a remuneration premium basis or by contractors' equip-
ment . rated on a receipts premium basis.
Subject to the limit of liability with respect to "each accident ", the
limit of property damage liability stated in the declarations for
Coverage L as "aggregate protective" is the total limit of the
company's liability for all damages arising out of injury to or
destruction of property, including the loss. of use thereof, caused
by operations performed for the named insured by independent
contractors or general supervision thereof by the :named insured,
except (a) maintenance and repairs at premises .owned by or
rented to the named insured and (b) structural alterations at such
premises which do not involve changing the size of or moving
buildings or other structures.
Subject to the limit of liability with respect to "each accident ",
the limit of property damage liability stated in the .declarations for
Coverage L as "aggregate products" is the total,limit of the com-
pany's liability for all damages arising out of injury to or destruc-
tion of property, including the loss of use thereof, . caused by the
products hazard. All such damages . arising out of one lot of goods
v
or products prepared or acquired by the named insured or by
another trading under his name, shall be considered as arising out
of one accident.
Subject to the limit of liability with respect to "each accident ",
the limit of property damage liability stated in the declarations
for Coverage L as "aggregate contractual" is the total limit of the
company's liability for all damages arising out of injury to or
destruction of property, including the loss of use thereof, . with
respect to liability assumed by the insured under contracts covered
by this policy in connection with operations for which there is an
"aggregate operations" limit of property damage .liability stated
in.. the declarations.
The limits of property damage liability stated in the declarations
for Coverage Leas "aggregate operations ", "aggregate protective"
and "aggregate contractual" apply separately to each project with
respect to operations being performed away from premises owned
by or rented to the named insured.
S. Limits of Liability— Coverage M. The limit of liability for
Medical Payments stated in the declarations for Coverage M as
applicable to "each person" is the limit of the company's liability
for all expenses . incurred by or on ..behalf of each person who
sustains bodily injury, sickness or disease, including death result -:
ing therefrom, as the result of any one accident; the limit of such
liability stated in the declarations as applicable to "each accident"
is, subject to the above provisions respecting each person, . the total
limit of the company's liability for expenses :incurred by or on
behalf of two or more persons who sustain bodily injury, sickness
or disease, including death resulting therefrom, as the result of
any one accident.
6. Severability of .Interests— Coverages K and L. The term "the
insured" is used severally and not collectively, but the inclusion
herein of more than one insured shall not operate to increase the
limits of the company's liability.
7. Action Against Company— Coverage M. No action shall lie
against the company unless, as a condition precedent thereto,
there shall have been full compliance with all the terms of this
insurance, . nor until thirty days after the required .proofs of claim
have been filed with the company.
S. Other Insurance—Coverages. K, L and M. If the insured has
other insurance against a loss covered by this .schedule the com-
pany shall not be liable under this .. policy for a greater proportion
of such loss than the applicable limit of liability stated in the
declarations bears to the total applicable limit of liability of all
valid and collectible insurance against such loss.
9. Medical Reports; Examination; Proof and Payment of Claim—
Coverage M. As soon as practicable the injured person or someone
on his behalf shall give to the company written proof of claim,
under oath if required, and shall, after each request from the com-
pany, execute authorization to enable the company to obtain
medical reports and copies of records. The injured person shall
submit to physical examination by physicians selected by the com-
pany when and as often as the company may reasonably require.
The company may pay the injured person or any person or organ-
ization rendering the services and such payment shall reduce the
amount payable hereunder for such injury. Payment hereunder
shall not constitute admission of liability of the insured, or except
hereunder, of the company. ,
Short Rate Cancellation Table
For One Year Policies
Days
Per Cent
Days
Per Cent
Policy
of
Policy
of
in
One Year
in
One Year
Force
Premium
Force
Premium
1 ....
5%
154 -156 ....
53%
2
.... 6
157 -160
.... 54
3- 4
..... 7
161 -164
..... 55
5- 6
.... 8
165 -167
..... 56
7- 8
.... 9.
168- 171
.... 57
9 -. 10
.... 10
172 -175
.... 58
11- 12
.... 11
176 -178
.... 59
13- 14
_ . 12
179 -182
...... 60
15 -.16
..... 13
183 -1.87
.... 61
17- 18
..... 14
188 -191
..... 62
19 -.20
.... 15
192 - 196
.... 63'
21- 22
.... 16
197 -200
.:._. 64
23- 25
.. 17
201-205
.... 65
26- 29
.... 18
206-209 ....
66
30- 32
.. 19
210-214
... 67
33- 36
... 20
215-218
... 68
37- 40
.. 21
219-223 ....
69
41- 43
.. 22,
224-228 ....
70
44- 47
.... 23
229 -232 ....
71
48- 51
.... 24
233 -237 .....
72
52- 54
...... 25
238 -241 ....
73
55- 58
.... 26
.242 -246 ._..
74
59- 62
..... 27
247 - 250
.... 75
63- 65
.... 28
251 -255 ....
76
66- 69
.... 29
256 -260 ....
77
70- 73
.... 30
261 - 264....
78
74- 76
..... 31
265 -269 ....
79
77- 80
.... 32
.270 -273 ._..
80
81 -83
._.. 33
274 -278 ....
81
84- 87
.... 34
279 -282 ....
82
88. 91
.... 35
283 -287 ....
83'
92- 94
.... 36
288 -291
.... 84
95- 98
.... 37
292 -296
..... 85
99 -102
..... 38
.297 -301
..... 86
103.105
..... 39
302 -305 ....
87
106 -109
.... 40
306 -310
.... 88
110 -113'
...... 41
311 -314
.:._. 89
114 -116
.... 42
315 -319
.... 90
117 -120
.... 43
320 -323
..... 91
121 -124
,... 44
324 -328
.... 92
125 -127
..... 45.
329 -332
.... 93'
128-131
... 46
333-337
.... 94.
132-135
.. 47 -
338-342
.... 95
136 -138
.. 48
343-346
.,_. 96
139 -142
... 49
347 -351
.... 97
143 -146
.... 50
352 -355
..... 98
147 -149
..... 51
356 -360
.... 99
150 -153
.... 52
361 -365
....100
1M
PR1H T80 m V.6. P.
COMPREHENSIVE AUTOMOBILE AND
GENERAL LIABILITY POLICY
PACIFIC COAST FORM
LUMBERMENS MUTUAL
CASUALTY COMPANY
HOME OFFICE.
20 NOR'T'H WACEER DRIVE, CHICAGO a, ILL.
EXECUTIVE OFFICER,
SHERIDAN ROAD AT LAWRENCE AVENUE; CHICAGO 40. ILL.
The Insured is hereby notified that
by virtue of this policy he is a mem..
ber of the Lumbermens Mutual Casu.
alty Company and is entitled to vote
either in person or by proxy at any
and all meetings of said Company.,The
annual meetings are held at its Home
Office- in Chicago, Illinois, on the
third Tuesday of May in each year
at eleven o'clock A.M.
NON - ASSESSABLE
KEMPER
INSURANCE
PLEASE READ
YOUR :POLICY
TO OUR POLICYHOLDERS: %
Lumbermens is your company. By virtue of this policy,
you have become a member and an owner of this mutual
insurance corporation.
Directors you elect and officers they choose endeavor to
administer the affairs of your company in a manner that
will merit your approval. Their efforts can be made more
effective with your full cooperation. The greater the s -
cess of the company; the greater will be your benefit f
membership, which includes cash :dividends when
if declared by the Board of Directors.
You can cooperate —.
—by following a comprehensive safety program to pre-
vent accidents and reduce losses.
—by securing as new policyholders the beat type of em.
ployers, motorists; and property owners, thereby bene.
fiting them as well as strengthening your company.
—by giving the management constructive criticism and
suggestions for the improvement of its departments, ." A
branch offices, and service generally.
The annual meeting of the company is held at the Home
Office on the third Tuesday in May at 11:00 A.M. The
management hopes you will attend whenever possible.
Lumbermens commends the policy auditing service of
its representatives to assist . policyholders with respect to
all types of insurance.. Call upon . either the company or
your representative for information about your poliq�
or for advice concerning any of your insurance probl
Respectfully; ff
KEMPER
tNSVRANQE
Chairman of Board
ATTECLARATIONS. SCHEDULES AND ENDORSEMHERE
10. Subrogofion. In the event of any payment under this policy, the com-
pany shall be subrogated to all the insured's rights . of recovery therefor
against any person or organization and the insured shall execute and deliver
instruments and papers and do whatever else is necessary to secure such
rights. The insured shall do nothing after loss to prejudice such rights.
11. Chonges. Notice to any agent, or knowledge possessed by any agent or
by any other person shall not effect a waiver or a change in any part of this
policy or estop the company from asserting any right under the terms of
this .policy.; nor shall the terms of this policy be waived or changed, except
by endorsement issued to form a part of this policy, signed by a duly author-
ized officer or representative of the company.
12. Assignment. Assignment of interest under this policy shall not bind the
company until its consent is endorsed hereon; if, however, the named
insured shall die, this policy shall cover (1) the named' insured's legal rep-
resentative as the named insured, and (2) under Coverages A and B, subject
otherwise to the provisions of Insuring Agreemeot III of Schedule PC -1,
any person having proper temporary custody of any owned' automobile or
hired .automobile, as an insured, until the appointment and qualification of
such legal representative;- provided that notice of cancellation addressed to
the insured named in Declaration 1 and mailed to the address shown in
Declaration 2 shall be sufficient notice to effect cancellation of this policy.
13. Concellotion. This policy may be cancelled by the named insured by
surrender thereof to the company or any of its authorized agents or by
mailing to the company written notice stating when thereafter the cancella-
tion shall be effective. This policy may be cancelled by the company by
mailing to the.. named insured at the address shown in Declaration 2 written
notice stating when not less than ten days thereafter such cancellation shall
be effective. The mailing of notice as aforesaid shall be sufficient proof of
notice. The time of the surrender or the effective date and hour of cancella-
tion stated in the notice shall become the end of the .policy period. Delivery
of such written notice either by the named insured or by the company shall
be equivalent to mailing.
If the named insured cancels, earned premiums shall be computed in accord-
ance with the customary short rate table and procedure. If the company
cancels, earned premiums shall be computed pro rata. Premium adjustment
may be made either at the time cancellation is effected or as .soon as practi-
cable after cancellation becomes effective, but payment or tender of unearned
premium is not a condition of cancellation.
14. Terms of Policy Conformed to Statute. Terms of this policy which are
in conflict with the statutes of the State wherein this policy is issued are
'hereby amended to conform to such statutes.
15. Declarations. By acceptance of this policy the named insured agrees
that the statements in the declarations are his agreements and representations,
that this policy is issued in reliance upon the truth of such representations
and that.. this policy embodies all agreements existing between himself and
the company or any of its agents relating to this insurance.
16, Mutual Policy Conditions. This is a perpetual mutual corporation owned by and operated for the benefit of its members. This is a non - assessable, par-
ticipating policy under which,. the Board of Directors in its discretion may determine and pay unabsorbed premium deposit refunds (dividends) to the insured.
IN WITNESS' WHEREOF, the LUMBERMENS MUTUAL CASUALTY COMPANY has caused this policy to be signed by its President and Secre-
tary at Chicago, Illinois, but this policy shall not be valid unless countersigned by a duly authorized representative of the company.
�l O..lti Secretary
A. .President
This is not a complete and valid contract without an accompanying
declarations . page properly countersigned.
COMPREHENSIVE AUTOMOBILE AND IASILITY POLICY— PACIFIC COAST FOR"
NON - ASSESSABLE
LUMBERMENS MUTUAL CASUALTY COMPANY
(A MUTUAL INSURANCE COMPANY,.. HEREIN CAI.i.ED THE COMPANY).
Home Office: 20 North Wacker Drive, Chicago 6, Illinois
Executive Offices: Sheridan Road: at Lawrence Avenue; Chicago 40, Illinois
GENERAL INSURING AGREEMENT
AGREES WITH the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the
statements in the declarations, and subject to all of the terms of any applicable schedule forming a part of this policy, and further subject to the general
conditions and other terms of the policy applicable to such schedule, to afford insurance in accordance with the insuring agreements of such schedule.
GENERAL. CONDITIONS
I. Application of Schedules. Unless otherwise provided, all the terms of this
policy shall apply to each schedule forming a part hereof, but the provisions
contained in any one schedule shall not apply to any other schedule. Unless
otherwise provided, each such schedule shall be effective during the policy
period but any schedule may be changed or cancelled as provided in this
policy. Any notice of cancellation Which is not expressly limited to a specific
'schedule shall be deemed to apply to this polity and to all schedules forming
a part hereof.
2. Multiple Named Insureds. If more than one insured is named in Declara-
tion 1, the insured first named therein shall be deemed the agent . of all named
insureds as respects (1) payment of unearned premiums, (2) cancellation
of the policy and (3) payment of unabsorbed premium deposit refunds
(dividends).
3. Premium. The premium bases and rates for the hazards described in the
declarations are stated therein. Premium bases and rates for hazards not so
described are those applicable in accordance with the manuals in use by
the company.
The advance premium :stated in the declarations is an estimated premium
only.. Upon termination of this policy, the earned premium shall, be com-
puted in accordance with the company's rules, rates, rating plans, premiums .
and minimum premiums . applicable to this insurance. If the earned premium
thus computed exceeds the estimated advance premium paid, the named
insured shall pay the excess to the company; if less, the company shall.. return
to the named insured the unearned portion paid by such insured.
When used as a premium basis:
(1) the word "admissions" means .. the total number of persons, other than
employees of the named insured, admitted to the event 'insured or to
events conducted on the premises :whether on paid admission tickets,
complimentary tickets or passes;
(2) the word "cost" means the total cost to (a) the named insured with
respect to .operations performed for the named.. insured during, the policy
period by independent contractors, or (b) any indemnites with respect
to any contract covered by this policy, of all work let or sub -let in
connection with each specific project, . including the cost of all labor, .
materials and equipment furnished,.. used or delivered for use in the
execution of such work, whether furnished by the owner; contractor or
subcontractor, including all fees, allowances, bonuses or commissions
made, paid or .due:;
(3.). the word "receipts" means the gross amount of money charged by the
named insured for such :operations by the named insured or by others
during the policy period as are rated on a receipts basis other than
receipts from telecasting,: broadcasting or motion pictures, and includes
taxes, other than taxes which the named insured collects as a separate .
item and remits directly to a governmental division;
(4) the word "remuneration means the entire remuneration earned dur-
ing the policy period by proprietors and by all employees of the named
insured, other than drivers of teams or automobiles and aircraft pilots
and co- pilots, subject to any overtime earnings or limitation of re-
muneration rule applicable in accordance with the manuals in use by
the company;
(5) the word "sales" means the gross amount of money charged by the
named insured or by others trading under his name for all goods and
products sold or distributed during the policy period and charged
during the policy period for installation, servicing or repair, and includes
taxes, other than taxes which the named insured and such others collect
as a separate item and remit directly to a governmental division;
(6) the words. "cost of hire." mean the amount incurred for (a) the hire: of
automobiles, including the entire remuneration of each employee of the
named insured engaged in the operation of such automobiles subject
to an average weekly maximum remuneration of $100, . and for (b)
pick -up, transportation or delivery service of property or passengers per-
formed by motor carriers of property or passengers for hire, other than
such services performed by motor carriers which are subject to the
security requirements of any motor carrier law or ordinance. The rates
for each $100 of "cost of hire" shall be 5010 of the applicable, hired auto-
mobile rates, provided the owner of such hired automobiIe has purchased
automobile :Bodily Injury Liability and Property Damage Liability in-
surance covering the interest of the named insured on a direct primary
basis as respects such automobile and submits evidence of such insur-
ance to the named insured.
(7) the words "Class 1 persons" means the following persons, provided their
usual duties in the business of the named insured include.. the.. use of non-
owned automobiles: (a) all employees, including officers; of the named
insured compensated for the use of such automobiles by salary, commis-
sion, terms of employment, or specific operating allowance of any sort;
(b) all direct agents and representatives of the named insured;
(8) the words "Class 2 employees" means all .employees, including . officers,
of the named insured, not included in Class I persons.
The named insured shall maintain for each hazard records of the information
necessary for premium computation on the basis stated in the declarations,
and shall send copies of such records to the company at the end of the policy
period and at such times during the polity period as the company may direct.
4. Inspection and Audit. The company shall be permitted to .inspect the
insured premises, operations, automobiles and elevators and to examine and
audit the insured's books and records at any time during the policy period
and any extension thereof and within three years after the final termination
of this policy, as far as they relate to the premium bases or the subject
matter of this .insurance.
S. Definitions.
(a) Contract. The word "contract" means, if in writing:
(1) a lease of premises, easement agreement, agreement required by
municipal ordinance, sidetrack agreement, or elevator or .escalator
maintenance agreement, and
(2) any other agreement to assume the legal liability of others, relat-
ing to the insureds business as described in Declaration 3 of the
policy, provided such agreements are designated in the declarations
as .included.
(b) Automobile. Except where stated to the contrary, the word "automobile"
means a land motor vehicle or trailer as follows:
(I) Owned Automobile —an automobile owned by the .named insured;
(2) Hired Automobile —an automobile used under contract in behalf of,
or loaned .'to, the named insured provided such automobile is not
owned by or registered in the name of (a) the named insured,
(b). an executive officer or partner thereof, or (c) an employee or
agent of the named insured who is granted an operating, allowance
of any sort for the use of such automobile.;
(3 -) Non -owned Automobile —any other automobile.
Under Coverages A, B, C, K, L and M, (1) the following described
equipment shall be deemed an automobile while towed by or carried on
a motor vehicle not w described, but not otherwise: if of the crawler -
type, any tractor; power crane or shovel, ditch or trench digger; any
farm -type tractor; any concrete mixer other than of the mix -in- transit
type; any grader, scraper,, roller or farm implement; and,, if not subject
to motor vehicle registration, any other equipment not hereinafter
specified in this paragraph, which is designed for use principally o8
public roads;. (2) the following described equipment shall be deemed an
automobile while towed by or carried on an automobile as above defined
solely for the purposes' of transportation or while being operated solely
for locomotion, but not 'otherwise; if of the non - crawler type, any
power crane or shovel, ditch or trench digger; and any air - compressing,
building or vacuum cleaning, spraying.. or welding equipment or well
drilling machinery.
Under Coverages D, E; F, G, H and I, (1) the following described
equipment shall not be deemed an automobile: if of the crawler type,
any tractor, power crane or shovel, ditch or trench digger; any farm -
type. tractor; .any concrete miser .other than of the,. mix -in- transit type;
any grader, scraper, roller or farm .implement; and, if not subject to
motor vehicle, registration, any other equipment which is designed for
use principally off public roads; (2) the word "automobile" also includes
its equipment and other equipment permanently attached thereto.
(c) Semi - Trailer. The word. "trailer" includes semi- trailer.
(d) Two or More Automobiles. The terms of this policy apply separately to
each automobile, insured hereunder, but a motor vehicle and a trailer
or trailers attached thereto shall be held to be one automobile as
respects limits of liability under Coverages A and B and separate auto-
mobiles as respects limits of liability, including any deductible provisions,.
under Coverages D, E, F, G,. H, .I and J.
(e) Pleasure and Business; Commercial: The term "pleasure and business"
shall mean a motor vehicle of the private passenger, station wagon or
jeep type. The term "commercial" shall mean (1) a motor vehicle not
of the private passenger, station wagon or jeep type and (2) a trailer.
(f) Products Hazard. The term "products hazard" means:
(.1) goods or products manufactured, sold, handled or distributed by
the named insured or by others trading under his name, if the
occurrence or accident takes place after possession of such goods
or products has been relinquished to others by the named insured
or by others trading under his name and if such occurrence or
accident takes place away from premises owned, rented or controlled
by the named insured or on premises for which the classification
stated in Section ,(1) Premises - Operations of the declarations ex-
cludes any part o. the foregoing; provided, such goods or products
shall be deemed. 'to include any container thereof, other than a
vehicle, but shall not include any vending machine or any property,
other the& such container, rented to or located for use of others
but not sold;
(2) operations, if the occurrence or accident takes place after such
operations have been completed or abandoned and occurs away
from premises owned, rented or controlled by the named insured;.
provided, operations shall not be deemed incomplete because im-
properly or defectively performed or because further operations
may be required pursuant to an agreement; provided further, the
following shall not be deemed.. to be "operations" within the meaning .
of this paragraph:
(a). pick -up or delivery, except from or onto a railroad car, (b)
the maintenance of vehicles owned or used by or in behalf of the
insured,. (c) the existence of tools,.- uninstalled equipment and aban-
doned or unused materials and (d) operations' for which the classi-
fication stated in Section (1) Premises- Operations of the declarations
specifically includes completed operations.
(g) Premises Wafer Damage Hazard.. The term "premises water damage
hazard" means:
(1) the discharge; leakage or overflow of water or steam from plumbing,
heating, refrigerating or air - conditioning, systems, standpipes for
fire hose, or industrial or domestic appliances; or any substance
from automatic sprinkler systems, or
(2) the collapse or fall of tanks or the component parts or supports
thereof which .form a part of automatic sprinkler systems, or
(3) rain or snow admitted directly to the building interior through
defective roofs, leaders or spouting, or open or defective doors,
windows, skylights, transoms or ventilators;
in so far as any of these occur on or from premises owned by or rented
to the .named . insured and injure or destroy buildings or property
therein and are not.. due to fire or the use of elevators or escalators.
6. Notice of Occurrence or Accident. When an occurrence: or accident takes
place written notice shall be given by or on behalf of the insured to the
company or any of its authorized agents as soon as practicable. Such notice
shall contain particulars sufficient to identify the insured and also reasonably
obtainable information respecting the time, . place and circumstances of the
accident or occurrence, the names and addresses of the injured and of avail-
able witnesses.
7. Notice of Claim or Suit. If claim is made or suit is brought against the
insured, the insured shall immediately forward to the company every demand,
notice, summons or other process received by him or his representative.
S. Assistance and Cooperation The insured shall cooperate with the com-
of the Insured. pany and, . upon the company's request,
shall attend hearings and trials and shall assist in effecting settlements,
securing and giving evidence, obtaining the attendance of witnesses and in
the conduct of suits. The insured shall not, except at his own cost, volun-
tarily make any payment, assume any obligation or incur any expenses other
than for such immediate medical and surgical relief to others as shall be
necessary at time of accident.
9. Action Against Company. No action shall lie against the company unless,
as a condition precedent thereto, the insured shall have fully complied with
all the terms of this policy, nor until the amount of the insured's obligations
to pay shall have been finally determined either by judgment against the
insured after actual trial or by written agreement of the insured, the
claimant, and the company.
Any person or organization or the legal representative thereof who has
secured such judgment or written agreement shall thereafter be entitled to
recover under this policy to the extent of the insurance afforded by this
policy. Nothing contained in this policy shall give any person or organization
any right to join the company as a co- defendant in any action against the
insured to determine the insured's liability.
Bankruptcy or insolvency of the insured or of the insureds' estate shall not
relieve the company of any of its obligations hereunder.
'JITY OF NEWPORT
CALIFORNIA
t.
1
3
F
d
y ..
1K.
Newport -Costa Mesa Broadcasting,
1418 nest Bag Avenue
Newport Beach, California
Attention; Mr. James D. €iigson
Dear Mr, Higson.
March 4, 1963
Inc.
CERTIFICATE of INSURANCE
LUMBBRMENS MUTUAL CASUALTY CO.
POLICY #3YL637813
We are enclosing subject certificate so that you
can correct the following deficiencies and return the
corrected certificate to use
1. The certificate lacks a signature by
a representative of the insurer.
2. The statement, „This endorsement applies
solely to coverages '1C and V is unclear
because there is no explanation of
coverages K and L on the certificate.
Your correction of the above deficiencies will result
in the certificate complying with the provisions of your license
agreement with the City.
THOMAS H. CHILDS
Assistant to City Manager
THC /ch
CC: City Clerk
j�
F
$
CERTIFICATE of INSURANCE
LUMBBRMENS MUTUAL CASUALTY CO.
POLICY #3YL637813
We are enclosing subject certificate so that you
can correct the following deficiencies and return the
corrected certificate to use
1. The certificate lacks a signature by
a representative of the insurer.
2. The statement, „This endorsement applies
solely to coverages '1C and V is unclear
because there is no explanation of
coverages K and L on the certificate.
Your correction of the above deficiencies will result
in the certificate complying with the provisions of your license
agreement with the City.
THOMAS H. CHILDS
Assistant to City Manager
THC /ch
CC: City Clerk
Obos '
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
February 21, 1963
To: Assistant to City Manager
From: Assistant City Attorney
Subject: Newport - Costa Mesa Broadcasting, Inc. - Certificate
of insurance (Policy #3YL6378 -13)
The endorsement attached to the subject certificate of insurance
which names the City as an additional insured is defective in
that it lacks any signature by a representative of the insurer.
Furthermore, the typewritten statement "THIS ENDORSEMENT APPLIES
SOLELY TO COVERAGES K AND L" is unclear because there is no
explanation of coverages K and L on the certificate of ,insurance.
I suggest this certificate be returned to the insurance company
for correction of the endorsement.
7 plcTully Seymo i1
THS :mec Assistant City Attorney
Enc.
u
'o
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
RETURN ONE COPY WITH REQUESTED INFORMATION OR ACTION
CITY OF NEWPORT BEACH
CALIFORNIA
Mr. John W. Higson, Jr.
lexan er aro nle:canaer. Inc.
311 4ar3ifornia "treat
San Francisco 4, California
June 27, 1962
i :. insurance certificate endorsement
Lu armsan's ^futual. CsaGuAlty CO-
Policy No. 2YI637813
Dear Mr. Higson:
))��� ,.
Please .forg .va i our Way n responding to your letter of
May 4, !96z.
The endorsement which you enclosed with your totter satisfies
the insurance requirements contained in your license agreement with
the City:
Cc a less formal note, sal I say how much we MY listening
to UBB. We are aspeoiallt appreciative of your willingness to giva
City affairs a "plug" now and then.
sincerelye
V�
T0140 CHWEX
Assistant to City r
TC /r2
cot Mr. James D. Rigson
City Clerk Marvary Schrouder
NEW YORK
BALTIMORE
-
ATLANTA
CHICAGO
INCORPORATED
TELEPHONE
CLARKSBURG
I N S U R A N C E
EXBROOK 7$120
LOS ANGELES
MIAMI
AVERAGE ADJUSTERS CONSULTING ACTUARIES
CABLE' ADDRESS
NEW ORLEANS
"ALEXPRAN"
PHILADELPHIA
311 CALIFORNIA STREET, SAN. FRANCISCO 4; CALIF.
PITTSBURGH
SAN .FRANCISCO
June 1, 1962
ST. LOUIS
TULSA
City of Newport Beach
3300 West Newport Boulevard
Newport Beach, California
Attention: Mr. Thomas H. Childs
Assistant to City Manager
JAMES D. HIGSON
Lwmbermens Mutual Casualty Co.
Policy No. 2YL637813
Gentlemen:
In answer to your letter of May 4 addressed to Mr. James D. Higson,
we enclose revised Certificate of Insurance and copy of endorsement
naming you as additional insureds under the captioned policy.
We trust you will find the enclosures in order, but if you have any
question or comment, please call on us.
Very truly yours,
Dj� DDo' lea
I'
JWH :fvt
Enc.
cc: Mr. James D. Higscn
Enclosures: Endorsement, Certificate
and Invoice
ti
CA 5.7 6.61 100M KEMPER PRINTED IN U.S.A.
INSURANCE
LIAB. 45
Lit
ADDITIONAL INSURED— LESSOR
It is agreed that such insurance as is afforded by the policy for Bodily .Injury Liability and for Property Damage Liability .applies to the
person or organization designated below, as insured, but only with respect to liability arising out of the ownership, maintenance or use of
that part of the premises designated below leased by said person or organization to the named insured, subject to the following additional
provisions:
The insurance does not apply:
(1) to accidents which occur after the named insured ceases to be a tenant in said premises;..
(2) to structural alterations, new construction or demolition operations performed by or for said person or organization.
The exclusion in the policy relating to liability assumed by contract is replaced by the following with respect to the insurance.afford-
ed to said person or organization:
To liability assumed by said person or organization under any contract or agreement, but this exclusion does not apply to the
following types of written agreements relating to the .premises:
(I) any easement agreement, except in connection with a railroad grade crossing,
(2) any agreement required by municipal ordinance, except in connection with work . for the municipality,
(3) any elevator or escalator maintenance agreement, or
(4) any lease of premises agreement.
11
DESIGNATION OF PREMISES
(PART LEASED TO NAMED
NAME OF ADDITIONAL
INSURED
PREMIUMS
BODILY INJURY
PROPERTY DAMAGE
INSURED)
En ooxsENExi No.
28
LIABILITY
LIABILITY
971 - 16th Street
City of Newport Beach
14.80
6,30
Newport Beach, Calif.
Newport Beach, Calif.
M.P.
M.P.
THIS ENDORSEMENT APPLIES
SOLELY TO COVER
GES K AND L
XVMPREMIUM
14.80
6..30
The effective date and hour of this endorsement is stated below and reference to hour shall be Standard Time at the address of the
named insured as stated in the policy. This endorsement shall terminate with the policy.
This endorsement is subject to the declarations, conditions, exclusions and other terms of the policy which are not inconsistent herewith,
and when countersigned by an authorized representative of the Company forms a part of the policy described below.
LUMBERMENS MUTUAL CASUALTY
Company AA
ATPYA1rIAQ" o"A Tr.- Ali �PI
ISSU D TO
NEWPORT -COSTA
MESA BROADCASTING, INC.,ET
AL
P T CTIYE
T I E
",:'10
PRODUCER'S NUMBER
52 8487
POLICY NUMBER
2YL637 813
En ooxsENExi No.
28
ENDORSEMENT EFFECTIVE
1"!:u bl Am. �„;R '17
x`°62
COUNTERStGf
AT QF LICENSED RESIDENT AGENT
G „a � A
„�I
COUNTERSIGNED AT
San Francisco, Calif.
COUNTERSIGNATURE DATE
1 7 '21 TEZ2
LIAB. 45
CK225 -3 7 -61 10M REV. 7 -3 -61 PRINTED IN U.S.A.
(FOR USE WITH SCHEDULE AND COMPREHENSIVE GENERAL LIABILITY AND COMPREHENSIVE GENERAL.AUTOMOBILE LIABILITY POLICIES).
KEMPER
INSV RANCE
l/ /61 (7) •.
1 AMENDMENT TO LICENSE AGREEMENT
2
3 THIS AMENDMENT, made and entered into this 11th day of
4 December, 1961, by and between the CITY OF NEWRT BEACH, a
5 municipal corporation, hereinafter referred to as "City", and
6 NEWPORT -COSTA MESA BROADCASTING, INC., a.:California corporation,
7 hereinafter referred to as "Licensee ";
8 WITNESSETH:
9 WHEREAS, City and Licensee entered into a license agree
10 spent dated the 14th day of February, 1961, under which Licensee
11 was granted a license and permit to construct and maintain a radio
12 transmitter and a radio tower on City -owned property described as
13 the westerly 290 feet of Lot. 1013, in the 'First `Addition to
14 Newport Mesa Tract, as per map recorded.in Book 8, page.61, of
151 Miscellaneous Maps, Records of Orange County; and
16 WHEREAS, since said agreement was entered, a City - owned
17 building has been moved onto said property which woul&;be useful
18 to Licensee; and
19 WHEREAS,.it,is necessary to increase the size of said
20 building and the parties wish to amend said agreement as herein-
21 after provided;
22 NOW, THEREFORE, the parties agree:
23 Paragraph 1 of said agreement is amended to read:
24 "1. License Granted. City hereby grants to Licensee
a permit and license to construct and maintain a radio
25 transmitter within the City -awned building on said City
land located 38 feet, more or less, from 16th Street and
261 53 feet, more or less, from the westerly boundary,of said
City -owned laud, and to maintain the existing radio tower
27 thereon which was constructed pursuant to this agreement.
Any change in the type of construction "or the'iocation.of
28 the radio tower is subject to the prior written approval
of the City. In any event, the tower shall not,eseeed
29 250 feet in height.
30 Licensee may alter said City- ouned,buiJd to.accom-
modate its needs and may increase the -size thereof up to
31 600 square feet; provided, however, that the plans for
any such alterations or addition must be submitted to City
32 and approved in writing prior to any such construction.
a • 0
(7)
1 Licensee agrees to construct fences, equal in height,
construction, and quality to.the fence enclosing said City-
2 owned property, extending from the City fence along 16th
Street to the easterly and westerly sides ";:of said build-
3 ing in which the transmitter is located, in a maaner to
provide a minimum of two parking spaces adjacent to said
4 building. The number of parking spaces provided, shall.'
be in conformance with City ,zoning requirements;§ The
5 fence required hereunder shall be constructed within 90
days from the date of this amendment. The exact location
6 of the fence and the proposed parking layout shall be as
designated on plans therefor which are to be prepared by
7 Licensee, and submitted to and approved in writing by the
Public Works Department of City.
8
During the term of this license agreement, Licensee
9 shall- maintain in good repair all the fence which encloses
that portion of the reservoir property being used by
10 Licensee. The.land enclosed by the fence constructed and
maintained by Licensee shall be available to Licensee for
11 parking purposes. Licensee shall keep.the land within
the fenced area around said building clean and free of
12 weeds and debris."
13 Paragraph 2 of said license agreement is amended to
14 read:
15 t12. Term. The term of this license began on March 1,
1961.,.and s a 1 end on November 30, 1966. Licensee shall
16 have the option to extend the term through November 30,
1968, and., with the approval of the City Council, through
17 November 30 1971, by giving written notice to the City not
later than k days prior to the end of the initial term.-
18 If, after receiving the written notice of Licensee's desire- -
to extend the term through November 30, 1971, the City
19 Council fails to approve the requested extension on or before
20.1 November 30, 1966; the term shall end on November 30, 1968."
211 Paragraph 3 of said license agreement is amended to read
22 " 13. Consideration. In consideration of this license,
Licensee shall make t e following payments to City for the
2.3 periods of time specified:
24
(a)
From Parch 1,
1961, thieugh November
.30, 1961, $350
per year.
25
,
(b)
From December
1, 1961, through
November
26
, , $375
per year..
27
(c)
From December
1, 1964, through
November
30, 1966, $525
per year.
28
(d)
From
1, 1966,: through
November
29
1omDecember
$600
per.year.
30
(e)
From December
1, 1968, through
November
30, 1971, $750
per year.
31
3211 Payment of the consideration shall be made quarterly in
2.
1 advance, with the first quarterly, ppa. nt under this contract
as amended being made.December.1. 1 'and the- second and
2 each subsequent quarterly payment being due and payable on
or before the first day of each subsequent Parch, June,
3 September, and December during the terse or any extension
thereof."
4
5 Paragraph 7 of said license agreement is amended to
6 read: .
7 "7. Use of Tower. It is mutually agreed that Licensee
shall of fe-r—tTe--u-s—e-Wor the tower to other, agencies,, includ-
8 ing City, for broadcasting purposes durin� the terse- hereof
on condition that such additional use will not interfere
9 with or be detrimental to the use by Licensee. Any.such
use shall be subject to the approval of City. A reasonable
10 charge.may be made for such use by Agencies other.than
City; provided, however, that the amount of such charge'
11 is subject to the approval of City..- Licensee shall.pay
City 25% of all revenue received from.the use of the tower
12 by anyone other than Licensee."
13
14 IN WITNESS WHEREOF, the parties hereto have executed
15 this amendment as of the day and,year first above.written'.
16 CITY F E
17 By
Mayor..
18
Attest:
19 ►n
20 r` 1. City. Clerk ..�
21 CITY
AS TO FORM
2 NKWPOFC2= C�Q/STA XE BROADCASTING
2 + .., INC.,` f s
24 :;T, A T , v„ By�G
25
Attest �
26
vL �-tn wi
27 ' etary .
28 LICENSEE
29
30
31
32
3.
I
1
2
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
raragraph 2 of said license agreement is amended Z
Paragrapj�i 3 of said license agreement is amended toread
Consideration. b
Licensee s shall make following payments
r )eriods of time specifitdt-
1a)
Payment of
2.
.r1D'- March 10 1961, through Neveuber
30t 1961 $M0 Ab
(b)
Prom December
i
30 19649 $375 pet year.
December
.... i
Y}
(d)
From December 1, 1966, through
November
4, 1968, per year.
from December through
per
2.
1
81
9
10
11
12
13'
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
read.
Paragraph 7 of said license agreAmnt Is amended to
IN WTTNESS WHFRPOP, the parties hereto have executed
this ameriftert as of the day and year first meows written..
ME
PUBUlt WORKS DEPARTMENT
CITY OF NEWPOWT
NO.
INIT.
DATE
ACTION
P.W. DIRECTOR
ASST. P,W. DaRo
CITY EmaYNEER
TRArroc Dais.
ELECTRICAL .Div.
WAGER & SEWER DBv
FBELO EmeamEER
ENOBNEER
SECRETARY
BALTIMORE'
NEW YORK
CLARK56URG
TULSA
ST. LOUIS
CHICAGO
LOS ANGELES
ATLANTA
PITTSBURGH
SAN FRANCISCO
NEW ORLEANS
MIAMI
PHILADELPHIA
40
X11,. 113 ".^
INCORPORATED
INSURANCE
AVERAGE ADJUSTERS CONSULTING ACTUARIES
155 MONTGOMERY STREET, SAN FRANCISCO 4, CALIF.
July 19, 1961
City of Newport Beach
3300 West Newport Avenue
Newport Beach, California
Comprehensive Liability Insurance
Northern Insurance Company
Policy No. CGA 895 -2 -57
JAMES D. HIGSON
971 16TH STREET, NEWPORT BEACH
Gentlemen:
At the direction of Mr. James D. Higson, we enclose certificate of
insurance and endorsement evidencing liability insurance and naming
City of Newport Beach as additional insured under the captioned
policy.
We trust you will find the enclosures in order, but if you have
any question or comment, please call on us.
JWH: fvt
Enc.
cc: Mr. James D. Higson
1418 West Bay Avenue
Newport Beach, California
Very truly yours,
C.
TELEPHONE'
EXBROOK 7 -6120
CABLE ADDRESS
"ALEXFRAN °'
fENDORSEMENT
07s 6/U/6%
All other terms and conditions of the policy remain unchanged.
.FA 895+2.37 .......:.
Attached to and forming Part of Policy No .................. ..... ...of the...----.
......... .......:INSURANCE COMPANY
Issued to- -...... .. R B2 A16
.......
Countersigned at.. °--- -s i.0.............this .. 17........day of --- Y - ° .......... 19-U.- ER � AL DER,
.. ...... Agent
FORM NAO - ••• • ••-
I
W11FICATE OF INSURANCE 00
(Short Form)
This is to Certify, that policies in the name of JAMS Da RIGSON AND =PORT-COSTA MSA
BROAXICASTIM 711C,
(NAME OF INSURED)
1418 WEST SAY AVE. IMPORT BRACES CALIF.
. ...... ) (..TT OR IOW.) (STATE)
are in force at the date hereof, as follows:
KIND OF POLICY
POLICY NO.
EFFECTIVE DATE
PERIOD
LIMITS
Workmen's Compensation]
OGA 895-2-57
1/17/61
1 7"r
One
1000000.
Public Liability
Person $
Not Automobile
One 3001r000.
1/17/61
1 year
Accident $
One $ 1000000•
person
Contingent Liability
OGA 895-2-57
Not Automobile
One 3OOvOOO.
Accident $
Property Damage
OGA 895-2-57
1/17/61
1 year
One
Accident $ 509WO.
Not Automobile
Total
500000.
Limit $
One
Automobile Bodily
Perm" $1000000.
Injury Liability
Or.& 895-2-37
1/17/61
1 year
One
I -
Accident $3000000*
ANWIM. Property_
One
Damage Liability -- I
ON-NOWNSISKIP y)
OGA 895-2-57
1/17/61
1 y"r
Accident $ 50#000•
and cover, in itt a
accord I' y t THE PRECESIS LOCATED AT 971-I6TH $T•
wkidii % "
Certificate issue ITY OF IMPORT BEACH
at 74AO WEST IMPORT AVE, IMPORT BZACR* CALIF.
(.T ... T A.. (EITY OR TOWN) (.TATR)
In the event of any material change in or cancelation of said policies the company designated below will notify the party to whom
this certificate is issued of such change or cancelation.
WORTH= INSURANCE 00 OF IM YORK
............. -11 ........ 11 .................. 11 ........ ......................
Dated this 17
GU 6562a
day of JULY 1 19 61
V -F
).-ENt?nt City Attorney
ALEKA ER & ALEXANDER, ux.
...... ... i�
Algi..d Wia iv
(Ed. 1-55)
CITY OF NEWPORT BEACH
CALIFORNIA
May 4, 1962
�f w.
Mr. James D. Higson
Post Office Box: 1512
Newport Beach, California
Re: Certificate of insurance
Lumbermens Mutual Casualty Co.
Policy Nos 2YL637813
Dear Sire $igson:
We are returning herewith the above Certificate so
that you can have it revised in order to correct the follow-
ing deficiencies and thus make it conform with your license
agreement with the City.
. The insured's name is incorrect in twat
"Nesat° is omitted..
d. The City is not named as additional insured.
3. The special provisions clause does not agree
to give the City 30 days' written notice in
the event of lapse.
Sincerely,
THOMAS A. CHILDS
Assistant to City Manager
THC /bl
CC; City Clerk .
�r
enclosure
December 19, 1961
Mr, James D. Higson
1438 West Bay Avenue
Newport Beach, California
Dear Mr. Higson:
Attached is a copy of the Amendment to License Agree-
ment between the City of Newport Beach and Newport -
Costa. Mesa Broadcasting, Inc., authorized by the
Council of the City of Newport Beach on December 11,
1961, by the adoption of Resolution No. 5520. The
attached copy has been executed by the City of New-
port Beach.
MV
Enc.
Very truly yours,
Margery Schrouder
City Clark
City of Newport Beach
� 1� #» cx:
L4
�- ffim
1 10 a
wwCtmec
Encs.
cc - City toClerk -'
Direcr of Public Worke
A
r
walter W. Charamza
City Attorney
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
26
29
30
04MWIM $0, _J��20
*t nswim'm or To V, ITT Cwxu W Ta Cay w,
UKWPM -nix wamyrux ce �ta
AMINUM TO LICXXV� h6,WWWiM
WWC :
2,/15
la
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2E
25
3C
3]
31,
(6)
D
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of
February, 1961, by and between the CITY OF NEWPORT BEACH, a
municipal corporation,, hereinafter referred to as "City ", and
NEWPORT - COSTA MESA 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, described
as the westerly 290 feet of Lot 1013, in the First Addition to
Newport Mesa Tract, as per map recorded in Book 80 page 61, of
Miscellaneous Maps, Records of Orange County, which has improve-
ments thereon consisting of water reservoirs, pumping stations,
and appurtenances; and
WHEREAS, Licensee has a license from the Federal Communi-
cations Commission to operate an FM radio station and is in need
of a location for a radio transmitter and radio tower; and
WHEREAS, the parties agree that a transmitter and tower
could conveniently be located on said City land without substantial
ly interfering with the use thereof by City;
NOW, THEREFORE, the parties agree:
1. License Granted. City hereby grants to Licensee a
permit and license to construct and maintain a radio transmitter
with a building to house the same and a radio tower on said City
land. The building and tower with the necessary guy wires shall
be located as shown on the drawing of the site which is marked
Exhibit "A ", attached hereto, and made a part hereof by this
reference. The area to be occupied by said building shall not
exceed 150 square feet. The tower shall not exceed 250 feet in
height.
so
4J
1
2. Term.
The term hereof shall begin on March 'l,
2
1961, and
shall end
on February 29, 1964. Licensee shall have
3
an option
to extend
the term for an additional three (3) years
4
by giving
written notice to City not less than ninety (90) days
5
prior to the end of
the initial term.
6 3. Consideration. In consideration of the license
7 hereby granted, Licensee shall.pay City Three Hundred Fifty Dollars
8 ($350) per year for the first three (3) years and Five Hundred
9 Dollars ($500) per year for the second three (3) years if the
10 option to extend the term is exercised. Payment of the considera-
11 tion shall be made quarterly in advance_, with the first quarterly
12 payment being made upon execution of this 'license agreement and
13 the second and each subsequent quarterly payment being due and
141 payable on or before the first day of each subsequent June,
15 September, December, and March during the term or any extension
16 thereof.
17 4. Approvals Required. It is mutually understood that,
18I the location of the transmitter and tower and the proposed,,use.of
19 the above-described land for this purpose as herein provided are
20 subject to the Federal Aviation Agency, Federal Communications'
21 Commission, and local zoning authority approval. If approval of
22 the construction of the facilities by all agencies having juris-
23 diction is not granted, this license shall terminate and be of no
24 effect; provided, however, that the quarterly payment made upon
25 execution hereof shall be retained by City as consideration for
26 processing and executing this license.
27 5. Maintenance of Facilities. Licensee shall construct
28I all facilities in compliance with applicable laws and ordinances
29 Ii and shall obtain all permits necessary therefor. Licensee shall
30 maintain all facilities constructed by it in good condition and
31 repair.
32i 6. Hold Harmless Insurance. Licensee agrees to
i' indemnify, and hold City harmless frogs all demands, claims, and
2 'liability or dame es.arisi
y g ng put of or resulting. from .injury or
3 death.to persons or damage to property caused by, growing opt,of,
4 or occurring in connection with the :use of said preen s60,by,.
5 Licensee. or the, construction ;'uaintenance,,,repair or removal of
6 Licensee's facilities thereon;
k
7 •' Licensee agrees to 'acquire and ma.intai n continuously. in
8 effect during the term hereof or'during any extension thereof
9 public liability insurance with limits of $100,000 for.. injury to
10 . any one person and $300,000 for injuries; in any -one accident, and
11; property damage insurance in "thw.amount of- '$50,000. City shall,,be
. aa' named as an add tional.'assured on such insurance policy';or policies
r 13' and Licensee shall file with the City a certificate of ,Insurance, -
14'': -the form.of which is subject to the approval of :the City Attorney
15 and which shall provide that such insurance shall not'be cancelled,
16 or; permitted to lapse without thirty (30) `days' written notice' of
17 such cancellation or lapse first having been.given.to City. ;..
18 T Use of Tower.` It is mutually agreed that, Licensee
I�19 shall offer, the use of.:the tower to other agencies, including -City,
20 for broadcasting" purposes., during „the term.:heeef,,�oxi, condition that
21' such.addit oval use will not,Antperferq'i with or. bejAetrimeental to
22 "the use by.Licensee. Any suc use 'shallba. subject ' to the approval-.
s .
23 of .City... A reasonable ch' 4 may lbe 61C su la use by agencies
24 other than "City; provided, however, that the amount of such.:chsrge'
C. 25 is subject to the approval of City. At the time- ony.such use and;.
26 charge is approved,_the parties hereto shad mutually agree as to``,
2T
the portion of such charge that is to be paid to Licensee and: the
28 portion thereof,.,.if,any,.that is to be paid to ;City.
29 8. 'Termination. " Clearance of'. -bite. Upon termination
30 of this .lcensel.agreement,.L£censee shali'.;within thirty (30) 'days,
31 thereafter remove all structures, towers,. wire, buildings,. and
.32 other material belonging to Licensee and repair and restore the
3,
3
4
13
'1A
16
22
t 23
ssa
26
27
17'
'18
19
20
F
21.
22
t 23
ssa
26
27
f
t.
r
1�lGTDIu`+ NV 6'eF� 1JNA'TKAN�aniTTE
3uri. i;�G
Guy N*icKOW.
� ar ZY i
r 79
x
IV
R�iFN
f
VL l 1�
t
,
j
M
Y
f
Mt
i
<'S
LegaLDescription:• Wi #teriy 290' Qf
k�
'i�b��013,.F -first /�,dflitrisr>ri Dtewport Mesa
kwict, Bggk,P9l, Recarcls
March 6, 1961
Mr. Saul R. Levine
6399 Wilshire Boulevard
Los Angeles 48, California
Dear Sir:
Transmitted herewith are the original and one
copy of a proposed license agreement between
the City of Newport Beach and Newport - Costa
Mesa Broadcasting, Inc. The document has
been signed by both parties.
I am transmitting these to you so that the
corporate seal of Newport - Costa Mesa Broad-
casting, Inc., can be impressed upon the
original and copy. Upon the seed being im-
pressed and the documents returned to this
office, I will then approve the same as to
form and transmit them to our City Clerk's
office for the City files.
Very truly yours,
Walter W. Charanza
WWC.Mec City :Attorney
Encs.
cc - Pius Margery Schrouder, u.
City Clerk
5'
6
LWJ
a 5363
°0#.
iiiiiiiiii III!
23
24
25
26
2`i
PW
29
30