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HomeMy WebLinkAboutC-2068 - Assignment of License Agreement (from Success Broadcasting, KOCM Radio Station Transmitter Site)0 a 9 C v LICENSE AGREEMENT l% /T /HIS AGREEMENT, made and entered into this l% i day of 1960, 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 0 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 of the foregoing, the parties hereto agree as follows: 1. LICENSE GRANTED. City hereby grants to Licensee a permit and license to maintain and operate the existing radio transmitter within the City -owned building on said land, and to- ,maintain the existing radio tower. Said tower shall not exceed Three Hundred Twenty (320) feet in height. Licensee shall not use the property for any purposes other than those stated above, or as hereinafter set forth, or expand or alter the existing facilities, without prior approval of the Newport Beach City Council. 2. TERM. The term of, this License Agreement shallT,BIag;il4, November 1., 1980,. and ,extendithrough Oetober -31', 19947:,sub.jeq`t ; t the 'terms.of par agraph.9 rel.atinga.to tez.manat;or$ 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 I 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. `;. 9. 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 $50.0,000 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 N 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 TAXP!S. The.city will provide water and. sewer service to the City-owned building housing the KOCM trans- mit.ter, 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. B. MAINTENANCE OF FACILITIES. Licensee shall not add to or expand its. existing.faciliti:69 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- .4- 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 G 0 e APPROVED AS TO FORM: CITY By Its:. \� V .�/.l•. ^��r.�: By Its LICENSEE Page 6 0 ASSIGNMENT OF LICENSE AGREEMENT ,success Y31ro-;.ciccis t.i._ng Company to Hutton Broadcasting Company -- KOCM Radio Station Transm�+Lter Site; On this % day of �/ : r 19.79, the CITY OF N:EWPOIRT BEACH, hereinafter referred to as "City," SUCCESS BROADCASTING COMPNNY, hereinafter referred to as "Success," and HUTTON BROADCASTING COMPANY, hereinafter referred to as "Hutton": W I T !d E S S E T H: WHEREAS, City and Success entered into a License Agreement dated October 1, 1908, utilizing a portion of the city-own:�d property on the south side of _6th Street, westerly or_ Monrovia Avenue, as a transmitting site, a copy of which is attached hereto and 1-,-,corp Di_-atc_,d herein by this reference-; and WHEREAS, Success has entered into an agreement With 1iutt-on for the sale of radio s t at -ion KOCitil; and bd? :rEAa, the City Council of City on D c ,';'per 20, 1970, adopted .aesol'ution No. 9=492, consenting to the transfer of said L_'._c=_'ns' Agreement -fi_om Success to Hutton Ccn'C;ingenC_ upon CJI-iLjmin7_ca 4-1ons Commission; and WIT '_'.L.T'.:a , Sa_ , ci .,Ja1_ by tile Federal COT".'.:CtIn1C t1C115 Commission has beet., r"cz_LV^d, _ 1:J._(­'Dn d_ ? Octot)ar 1, 1.96aL:17een Su- - cuss is 1i ..=C�Oy '-1 S i:i_<71nn t0 1. — _Yl ll n di_' _ t i?C_ ».L.' �_<:(I�S e Dt,� 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 By Mayor V HUTTON BROADCASTING COMPA1,�fY By By CITY HUTTON SUCCESS BROADCAST!i\qG COMPANY, a California corporation, agrees to and consents to this Assignment. By SUCCESS 0 _L 71 0 '7 RGENSE hGaEEVENT "' f -1 TH-ts ;and entered kabi) �!Q Of 19685 by and between the CITY OF NEWPORT BEACH, a municipal corporation, herainafter referred to as "Gity", and SUCCESS BROADC,�,STING CO�P-ANQ a Califoraia corporation, hereinaKer referred to as Aican3ye"-, WITEESSETH, EASE',, City is the comer of certain land on the scu0, si&e of 1M Street westerly of Monrovia Avenue in the City of Fawport Beach, County of Orange, State of Califuraia, legally den- criked an The westerly 290 Net J...Lot 1013. in the QrM Addition to Nouport Mesa Tract, A per map racordeJ in Book 8, page 61, of Misnellapecus Maps, Record.---i cE Orange County,, has improvementy there3n consiscirig of C-itations, and appurtenances; an-d -7 E-F Mensen h!3 a Vennse fzam uhn Federal Communka- to cperate an FM radio station, and presently maintains certain of its facilicies, including a transmitter tuWAZ3 at said jonatica, pur3uant to a Liverze Qxrocinant wit-h the Civy eated February 14, 1951, which has been subsequently amended.--, a&' WHEREAS, Clay and Licensee wish Lo cunce! sail uninKnS LiLoasa AgrneWWL and za=r into a new UcEuse PORE, the partins agree-,: 1. LICENSE QhATED. CQy hoceby grants to Linonses a parvic an-�'-', Livoose Eu cyinLain and oneram tho ex&&ng radio vionsmitno-r �!Qin che Cloy-onne! hailding cc sail land, and to mA&Lnin n�ining rpdko nuwar. Sail coaar sh,11 aor eRcoa& 33C fo�t in -�r DQ;�a 54 � I � non ano con a Cat ',,o InOl !P7V0 07 OQ002 2W Beach L1L:yr C of -'=r — 1 1 , 2, .1.1_RIX, Th} -, -i-erm 0=.. i��r.i..si j l._(�.c—). — A �.:ni.1'?,'L?%.. ::i1:A.�i L� Der1 U'`1 "t� 7 O,ctob'� r 1 i968, '�'i'icl ( —1 on .i_�t;:li'i,1--1 311.9824 :iU.bj~'C� tO �L?.'" CO:LE. C)f 7?1. 9 ?_'C.L:=1t- ::O L^ri(1'iriutlGiiN i F.; ryo a:�ree � t. �J' City � i t_..0 $3 8 r e.r yo Z i n .�.,;.�C :J ., :�... 1.i .:�.l L�7.+.. J _ ✓_L ��1..,U.JV C..� f..:3.-yJ...L�.....,.- qi,1ari:.•.- r..J 1n :1:�vanc<^-_.y GOi:;: cT?C_�_IiL, Cct DE3 r i_ 9, J Sa v O 7 _�,'! ra CG=25'_Ciera.f:J c;L -hill ba sub-1 '.CL. o a }7�=enta` c adjustirti• nt LJ art ' v. cam - t�:n�.-Ci -qge in t•�2a �lc )�`. !ilUs„ rl �� �.:;t�1DCr � _:J Ll"i ?.r Price .S .11 ri 2: 1.�ij-- ! l.ie Los A-, gel—s-Lo-n Be C:i1 3. �;_�_i�ii� i'.-a r•(: _`.� 7 " 1 � _ _ ..1 ,.. c _ _ L:rl'i 'c7J..81_0,:'1 ,'C).T':3 'J TvO L7�r':J_5 =inn r-!\r...'.-: i.t_i:'_`� i L.. y fi �- 77-> 'r' '-i Li_a _ U :.pc� _ ,.);'�a i,. C r •� � Sf'!�.-.S.li �. = 'z' -�! 1 LL. -t �l. E.'., b FIQLD �:3. `�.i'-:',i v_:..J ) � i;3..':'�:''.Y.:-i `�.? r).�t:::'L'.7 L.o �. C,i •:�.-_...i?-i 1_.1t'.. Jay tt i:: :7'.�S1Ci :=+%1 C1 '_ _'_Ci 1..;1:' i .... - ,ia �: sr_i.'.'„s i's! 11 I_'r•'c�7 or S ._ !��:�!:'a S Or � :l7,'ris_;out Q..7 or _C.n. 7C1'_C-A--lo -_'J 1 ii,j`_Lr.7 cr rt D?.nh I-0 p,--rSo'1'.S 'Jr to S O S�t;_..�'_j_�..'._f'�T T. o' t � �- 11-, OC!-ly.+-/'.. _.1�`,�. � ..,i - )i'7.! _ 1 1?_ i_lii� 'A1: i'1.":'"• '' �- J._ V I,l .� _.. l_ -_ _ .J L ^ L_ _ •J A �. J'� :� •' :_ 1'... \ 1 S & O .L l� :;f �� .�I lb L je 00 i10 t` .._ 3f i? t 'lU `DPI' 'i9 lr? V, l_. _1i' L: ';: i i" J f. f.i� vLl.� .. ',r '��'�.7 '��) ri't,�.!. l=. ,:'!.L _- >1 j t:+_ 'l1 L'ii AZ.=. i l.1:; .... ".i _` . i, i1 r i" at $100,0§0, My shall be named as addi&onal insureL' cn suzh insuran2e policy or policies. Licensee Vall file with t&- CiEy a certificaLe of insurance �Svldancing the required coverage, nKj providing Lhat such insurance coverage shall not he andifind, cnnceled or permisued to lapse without 30 doys' prior writtea notice thereof to tha City. 6NT. Licensee may not assign or Lransfar Lhis licevw�i-, UA any Persoo, firm or corporation without the prior approvA WE Beach City Council. 7. UTILITIES AND TAXES. Licensee shall he responsible for paymen-j- Yor all utility services aGed by it, and gor all taxes resulcin.,-; from the use of said property, including any possessory interest tax assessad by the Gocnty Assessor of Orange County, S. MAINTENANCE OF FACILITTES. Licunsee shall noz add to or expan.-.-' irs axK&ng facilities withon first obtaining prior approval of: Beach City Council. Licensee shall construct iuhizeht1plawh alQuilites atord by CHyncomiewitppicable_ laws and ardinanaes; and Wall c4caln all permits necessary thereCor, vicensea shall maintain all facilinas construccaj or useJ by it U-n gcca cGnditinn and repair, including the cyclone fance vhich enclonm� chun portion W tha property usad by Licens_.e, Licensee further agrees that if in tha future th' City instaLls linWaping in Lhe in Cropt of saLd proparty it w-111 mnin- parkway n0 said land3caping in a manner OWL is Sa0sknoVary to zhe FaKkn-, n�ohos and Recreation Director, Uc�nsea furthac o4zaas to relocate the lowar guy wiry Support- � 4 - -"- 7 -- tower UQ a highor alevatiov, Q order to prov&-- SI, VeNicil"r access; 3 visual Prunclive Qvicu shall he coustincred �n! Q0 �mire gig 0310 support. both VK" C�Q! 1:0 license AgraeMMC by giVing AS Mir 12 momhs' prLor written na&oc in advance of the effective date of such termMatism providad, however, that As City agreas that A YUI not exeruis',-- its right cc tcrmloats uhis agreement unprior tc lvovcniher 30, 19711, Ass the City Counzil of Nn�porL Mach determins e'that io is necessary for the City to use Me land on which Ucensea4---' Eovilition are locatel for a municipal purpose. if Me said City Council determincs thaL the propercy is naeded for a umniai- pal purpose it will advise Mcsns2e in writing A tha use cr uses which it proposes to mako A the property. Licensee MAI theu bi allowed 60 days in o0ich to submic a written proposal shosing a mechod or aethods by,which the property could ba utilized 1-L-, I's with ths proposed My uses as well as those of the License,. The City agrEao that it will acwmpt to work out a mutually smisfaacefy plan for tha joint use M che prcperty which will allow Licansea to continun to maintain its facilities Maroon, prayldad,, hawaver, that if Us parties arf-t nanble to agr6e upon a Potually sauisfactory plan for the joint us..-. of zha prcparty within 90 day3 after the original nmice ro tN-, Viconsay of the Cicy's inceat to utilize the property for a MUnjCj- pal jurpcs% the My coy Earminate said Licensw Agrezmnm h�' ;Mng the M%anson 12 wonQO prior wrinan rotine y1thin 30 days following the effecAve date of tarmizovicii GO Licensee shall K±Tova all of its installations, equipyant an,11 QUILUes f4m nbo My prapprLy. 10, Yho Licnase AgrvoTann sholl. have the affneu of canceling and, �nq,y3viiiq all pya7tyas linens2 agreamonts and amnadmentn thereto r L S iN HATNZSS WHEREOF, Lho pactics hereto hRva SnPOLAV!_1 t"'I'J", of tl'll,- (-ianr raod r - - -.3. .1 L�T-� 4 . -; 1- 0 3: ", 7: - � .,. BY - y 0 Z. A L-, s; U- C.0f,- C SDC-,�S.s BRCIAIDC.