HomeMy WebLinkAboutC-722 - License Agreement for Radio Transmitter (KOCM-FM Radio Station)LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this ot
day of
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 "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 10139 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
towf,-L, 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 par -Lies agree
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 350 feet in
height. Licensee shall not use the property for any purposes other
tLan those stated above, or expand or alter the existing facilities
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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.
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-
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-
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
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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 persons 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.
So 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
lams 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 -
Lain 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 shell be constructers
around the entire guy wire support.
9. TERMINATION, Both parties reserve the right to terminate this
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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 onwhichLicensee'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 useof 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 Cityus 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
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this agreement as of the day and year first above written.
CITY OF NEWPORT BEACH
By.,-
0
Mayor
Attest, t
C y Clerk
CITY
SUCCESS R AUCASTING COMPANY
By:
/ President
Attest.
Secretary
LICENSEE
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THIS AGRIMMINIT2 made and entered into this 14th day of
February, 1961, by and bet-weeia the CITY OF CMW MCA, a
rnicipal corporation, hereirtafter referred to as City", and
I EUPORT ® CQ�A MESA BRWDCASTI.T` , U 0a, a California corporatio ,
hereinafter referred to as "L ce-asee";
IHEW.8 � City is the comer of certain laud or. the south
side of 16th street westerly of Monrovia Avenue in the City riff
Newport Beach, County of € ravage, State of California, described
as the westerly 290 feet of Lot 10134 in the First Addi,ti.on tc
Newport Mesa Tract, as per sap recorded in Book 3, page 61, of
Miscellaneous taps, Records of Orange OA.Inty, which has improve-
ments thereon co sisti ag of eater reservoirs,, piing ;stations,
and appurtenances; and
�rF.Zi AS, UeeAsee has a llceasse from. the Federal C i®i
cations Conuissioa to operate an :FM radio station and is in need
of a location for a radio transmit, -ter a ac radio tower- and
xMIS, the parties agree that a transmitter and ter
could conveiziently be locateid on said City land without substantiall
ly interfering with the use thereof by City;
NOW, THE'ME, the parties agree •
1. Li.cense +gragted. City hereby grants to Licensee a
permit and license to construct and maintain a radio transmitter
with a bui.ldi.ng to hog see the same and a radio tower cu said City
laud.. The building and tower with the necessary guy wires ,shall
be located as sshowa on Vae drawing of the site icb is marked
Exb.lbit "W', attached hereto, and made a part hereof by this
reference. 'fie area to be occupied by said, "building shall not
exceed 150 square feet. r�.e tea-wer shall not exceed 250 feet i
k1e iskit .
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2. The term hereof *hall begin on March 19,
2 fl 1961, and shall end on February 29, 1964. Licensee shall have
3 E an option to extend the term for an additional three (3) years
41 by giving written notice to City not less than ninety (90) days
5 j prior to the end of the initial term.
613. Con—siftatim. In consideration of the license
7 1! hereby granted, Licensee shall pay City Three Hundred Fifty Dollars
($350) per year for the first three (3) years and Five Hundred
91� Dollars ($500) per year for the second three (3) years if the
10option to extend the term is exercised. Paymeat of the considers-
11 tion shall be made quarterly in advance, with the first quarterly
121payment being made upon execution of this license agreement and
131;t the second and each subsequent quarterly payment being due and
1411 payable on or before the first day of each subsequent Juae,
15 September,, December, and March during the tam or any extension
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17 4. &Ar Rvajg jMjred. It is mutually understood that
181� the location of the transmitter and tower and the proposed use of
the above -described land for this purpose as herein provided are
20! subject to the Fe41eral Aviation Agency,, Federal CommAnications
211Commissions and local zoning authority approval. If approval of
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the construction of the facilities by all agencies having juris-
231�diction is not granted,, this license shall terminate and be of no
241effe; poihovertht th., quarterly payment made upon
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execution hereof shall be retained by City as consideration for
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Pro"*easing and executing this license.
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5. MbIgaLnge of F.Acilit&es. Licensee shall construcl
28 all facilities in coWliance with applicable laws and ordinances
29 and shall obtain all permits necessary therefor. Licensee shall
.30 maintain all facilities constructed by it in good condition and
32!!! 6. Hold-AIMfieps kglaauce Licensee agrees to
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indennify and hold City hrii5 � all +dsM,, and,
liability for damages arising out of or result- from injury or
death to persom or damage to Property caused by, growing out of,,,
or occurrinS in connection with the use of said promises by
Licensee or the construction, maintenance,, repair or removal of
Liceasee's facilities thereon.
Licensee agrees to acquire and maintain continuously is
affect during the term hereof or during any exteiuion thereof
Public liability insurance ;with limits of 1000000 for injury to
any one person and $300,000 for injuries in any one socident# and
property duage insurance in the an ent of $501,000. City shall e
named as an additional assured one such iastxance policy or policies
and Licensee shall file with the City a certificate of i s rante,
the form of vvich is subject to the approval of the City Attorney
and vhich shall provide that such insurance shall not be cancelled
or permitted to lapse without thirty () days' writte:: Notice of
such cancellation or lapse firat having been given to ��,ty.
9.
Use ashf 'Tower it
is
tactually agreed
that licensee
shall offer
the use of the tower
to
other, agencies,,
includingit Ali
for broadcasting, purposes during the term hereof on condition that
such additional use will not interfere wit:�� i t be detrimental to
the use by Licensee. any such use stuall be subject to the approva
of City. A reasonable le charge be made for such use by asgencci,
other than City; provided, however, that the amount of such charg
is subject to the appro a'. of City. At the time any such use and
charge is approved, �.he parties hereto shall mutually agree as to
the portion of soh charge that is to be paid to 'Licensee and the
portion thereof,, if any, that is to be ;paid to City.
Cl rat►ce of §. te. Utxm torntinAtion
of this license agreements, Licensees shall. within thirty days
thereafter remove all structures, tm-mrs, wire, buildings, and
other material belonging to Licensee and repair and restore the
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9. AgolLgMa. Licensee may assign this license to
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any person, firra, or corporation holding a -license from the Federal
Comunications Comission by assignment or otherwise to operate an
FM radio station in Newport Beach.
10. Lroade.
sgt J.UM - it Licensee shall make availabli
a winimm period of fifteen (15) minutes of broadcast time on a
weekly basis for the presentation by City of discussions,, talks, or
debates determined by City to be -16n the public interest. Licensee
z1w1l provide additiotul time as the need arises for ,public service
civil defOUSe a =,owicements . programS . or other
appropriate civic uses.
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SuccassQrs
Bo und. This
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be ing Ou
the
successors
and **signs
of both parties
hereta.
15!: 12. R&JIMIgg gSd IS Liconsee shall obtain at its
IrD own expense all utilities used by it and shall pay all utility bill
irl ; and taxes imposed upor, it prior to delinquency.
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13. Sow® Any notice to be given by one party to the
other shal�. be in writing and delivered by depositing the same in
the United States mail with postage prepaid " registered or certi-
fied mail addressed as follows:
If to the City: C't, of Newport Beach
3x;9 Newport Bculevard
Newport Bch, California
Attentions, City Manager
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notice*
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If to Licensee# Newport - Costa Mesa Broadcasting,
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28 1418 West B% Aveaue
Neu -port Beai,, California
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Attention: Manager
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31!' or to Such Other address as Licensee may designate from time to
32 time by written notice.
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Personal ervL e of notice on the City Manager, Hayor,
leer City Clerk of City, or on any officer or manager of Licensee,
shall be equivalent to delivery of notice as above provided.
IN WITNESS WHEREOF, the parties veto have executed this
jagreement as of the day and year first above written.
APPROVED AS TO FORD!
DATED ,14�k ) I? i 9 � 1
n
VFALTER W. OHARAMZA
CITY ATTORNEY
E
Attest:
C t� Clerk
CITY
P T r
se PAIR,A7E 5i-c4. rz , 1FAW,1")
Guy
Cow}a:,r
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Legal Description: iNEsterly 290' Of
Lot 3013, First Adaition Newport Mesa
Tract, Book 192, Pg. 14S, 0-.-. Co. Recor's
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