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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