HomeMy WebLinkAboutC-3211 - Signal Peak Communications FacilityIDERIFF-CORONER DEPARTMEO
• S\�vt �M1K,�
320 N. FLOWER STREET
SANTA ANA, CA 92703
(714) 647 -7000
May 22, 2001
City Clerk
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
COUNTY OF ORANGE
CALI
fit., •IVED
'01 MAY 25 A8:49
OFFICE OF THE CITY CLERK
Ci'r' 1 OF I';.tvPORT BEACH
RE: License Fee Adjustment; Our File No.: PM 1239- 7 -10 -2
Dear City of Newport Beach,
C -3,-11
MICHAEL S. CARONA
SHERIFF - CORONER
ASSISTANT SHERIFFS
JOHN FULLER
DON HAIDL
JOHN HEWITT
GEORGE H. JARAMILLO
TIM SIMON
DOUG STORM
On May 1, 2001, the Orange County Board of Supervisors approved the rental fee adjustment
first noticed to you in a letter dated March 13, 2001. The City of Newport Beach rents space at
the County's Communications Facility at Signal Peak. The adjusted annual rental fee for the City
of Newport Beach at Signal Peak is $3,200. The new rental rate is effective beginning July 1,
2001. The new rental rate for the current year will be prorated from July 1, 2001, depending on
the anniversary of the commencement date of your license with the County.
I have enclosed a copy of the minute order indicating Board approval of this item on May 1,
2001. If you have any questions, please call me at 834 -5233.
Sincerely,
Ray Weems
Real Property Agent
Sheriff /Real Estate
Date 5 x5101
Copies Sent To:
D Mayor
Muncie Member
Manager
❑ A orne
PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES:
I[FEEA�IAC+ �7 I DINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO
RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK
HARBORS, BEACHES & PARKS • JOHN WAYNE AIRPORT • OCTA • SUPERIOR COURT
US-18-01 11:15am From -CLERK OF THE BOARD 7148344439 T -465 P. 02/04 F -661
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER
May 01, 2001
Submirrinf Aeencv/Denarrmew Sheriff- Coroner
Approve amended communications license rent schedule rates for various facilities; and make California Environmental
Quality Act findings - All Districts
The following is action taken by the Board of Supervisors:
APPROVED AS RECOMMENDED 0 OTHER CI
Unanimous O (1) SMITH: Y (2) SILVA: Y (3) SPrMR- Y (4) CORD: Y (5) WILSON: Y
Vote Key: Y= Yes; N =No; A= Abstain; X= Excused; B.O. =Board Order
Documents accompanying this matter:
O Resolution(s)
0 Ordinances(s)
0 Contract(s)
Item No. 57
Special Notes:
Copies sent to:
.+ <.
tip+
1 cenify that the foregoing is a true and correct copy of the Minute Order
adopted by the Board of Supervisors, Orange County, State of Califorrua.
DARLENE J. BLOOM, Clerk of the Board
���ritar_ ma7G —...a� _
RECEIVED TIME MAY.18. 11:21AM
5
320 N. FLOWER STREET
SANTA ANA, CA 92703
(714) 647 -7000
March 13, 2001
CJI
SOIFF- CORONER DEPARTMENT
COUNTY OF ORANGE -
CALIFORNIA p MICHAEL S. CARONA
RFCEIVED SHERIFF- CORONER
City Clerk
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: License Fee Adjustment
Dear City of Newport Beach,
rot MAR 19 A8:42
ASSISTANT SHERIFFS
JOHN FULLER
DON HAIDL
OF FILE OF 7 "F CI'i Y CLEFTP, JOHN HEWITT
CITY OF I,I. VIPOiJ StE ACl1 GEORGE H. JARAMILLO
TIM SIMON
DOUG STORM
The County of Orange will be adjusting the rental rates currently charged to licensees and
permittees using space at the County's communications facilities. Because Newport Beach rents
space at Signal Peak the rate change will affect the amount of rent Newport Beach will pay at
this site.
The current rates are charged according to the County's fee schedule, which has been in effect
since 1982. For your information, I have attached a copy each of the current fee schedule and the
adjusted fee schedule. In general, annual rates countywide will adjust upward by an average of
166 %.
The adjusted fee schedule will go before the Orange County Board of Supervisors for final
approval sometime in April or May of 2001. The new rates will be in effect at the time they are
approved by the Board of Supervisors. You will be notified via U.S. mail of your new annual
license fee amount after the Board approves the adjusted fee schedule. In the meantime, if you
have any questions or comments regarding the fee schedule adjustment, please send them in
writing to me at the address on this letterhead within 30 days from the date of this letter.
Sincerely,
AWIA�_
Ray Weems
Real Property Agent
Sheriff /Real Estate
PROUDLY SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES:
IISPn6F6RiW.,OINT • LAGUNA HILLS • LAGUNA NIGUEL • LAGUNA WOODS • LAKE FOREST • MISSION VIEJO
RANCHO SANTA MARGARITA • SAN CLEMENTE • SAN JUAN CAPISTRANO • STANTON • VILLA PARK
HARBORS, BEACHES 8 PARKS • JOHN WAYNE AIRPORT • OCTA • SUPERIOR COURT
DRUG USE
IS
pB
CURRENT FEE SCHEDULE
E
One Rack Space (2'x 2' floor space x 7% high) $1,200 /year
(Mounting space for two UHFNHF Antennas
is included in the charge for a rack space)
Partial Rack Space (2' x 2' floor space) $ 160 per vertical foot/year
Space for Battery Chargers, Batteries, Cavities, etc. $ 300 per square foot/year
(If this equipment occupies space that would normally
be used as radio floor space, the charge will then be
for rack space)
Microwave Antenna Surcharge per antenna
UHFNHF Antenna Surcharge
(This will be charged if more than two antennas
are installed per rack space)
itSP &BO &LMAirvFEEADJ
$ 300 /year
$ 150 /year
0 0
ADJUSTED FEE SCHEDULE
One Rack Space (2'x 2' floor space x 71/2' high) $3,200 /year
(Mounting space for one UHFNHF Antenna
is included in the charge for a rack space)
One -Half Rack Space (2'x 2' floor space x 3' /e' high) $1760 /year
Space for Battery Chargers, Batteries, Cavities, etc. $ 750 per square foot /year
(If this equipment occupies space that would normally
be used as radio floor space, the charge will then be
for rack space)
Microwave Antenna Surcharge /per antenna $ 1,500 /year
Circuit Charge for use of County Microwave $ 600 /year /circuit
UHF/VHF Antenna Surcharge $ 300 /year
(This will be charged if more than one antenna
is installed per rack space)
IISMBO &LMAirvFEEADJ
! x
� Y
WRIFF- CORONER DEPARTMENO
COUNTY OF ORANGE
CALIFORNIA
SERVING THE UNINCORPORATED AREAS OF
ORANGE COUNTY AND THE FOLLOWING CITIES
AND AGENCIES:
DANA POINT SAN JUAN CAPISTRANO
LAGUNA HILLS STANTON
LAGUNA NIGUEL VILLA PARK
LAKE FOREST HARBORS, BEACHES & PARKS
MISSION VIEJO JOHN WAYNE AIRPORT
SAN CLEMENTE OCTA
August 24, 2000
PM 1239- 7 -10 -2
Signal Peak
City of Newport Beach
Ms. Lavonne Harkless
City Clerk
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: Executed License for Signal Peak Communications Facility
Dear Ms. Harkless,
MICHAEL S. CARONA
SHERIFF - CORONER
ASSISTANT SHERIFFS
DON HAIDL
JOHN HEWITT
GEORGE H. JARAMILLO
TIM SIMON
DOUG STORM
Please revise the attached certificate of liability insurance to include the following wording from clause 17.C.
of the license agreement between the County of Orange and the City of Newport Beach for the Signal Peak
communications facility:
"It is agreed that any insurance maintained by the County of Orange and /or The Irvine Company will apply in
excess of, and not contribute with, insurance provided by this policy."
I received the referenced certificate (no sender name was provided) from the City of Newport Beach, but I
will not be able to process the document until a new certificate is issued including the wording stated above.
For your information, I have attached a copy of the certificate I received, plus a copy of clause 17.C. Thank
you.
Please call if you have any questions. My number is (714) 834 -5233
Sincerely,
Ray Weems
Real Property Agent
County of Orange
ItSPnbLH3 320 NORTH FLOWER STREET • SANTA ANA, CALIFORNIA 92703 • (714) 647 -7000
/ /mot / C / l f - / ✓ .--
ACORD >r CERTIFICAW OF LIABILITY INSUWNCE
DATE / os /o1 /2000 000
PRODUCER (714)940 -6828 FAX (714)939 -1654
Cal - Surance Associates, Inc.
PO Box 7048
333 City Blvd., West, Ste. 900
Orange, CA 92863 -7048
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92658 -8915
Attn: Lauren Farley
INSURER A: Insurance Co. of the West
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
POLICY NUMBER
DATE (MMIDD/YY)
DATE (MMIDOM)
LIMITS
R9(*XX9C3pXIXKX)%70A )M X' XXXO)PX9(9Qf(91RXKKX7QM%XXXXXXX
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑ OCCUR
CA 92868
AUTHORIZED REPRESENTATIVE
Mark A. Zahor in M2—C� /
y
EACH OCCURRENCE
5
FIRE DAMAGE (Anyone fire)
S
MED EXP (Any one person)
5
PERSONAL S ADV INJURY
S
GENERAL AGGREGATE
S
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY F7 PRO-
JECT LOG
PRODUCTS - COMPIOP AGG
S
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
S
BODILY INJURY
(Per person)
S
BODILY INJURY
(Per accdent)
S
PROPERTY DAMAGE
(Per accident)
S
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
S
OTHER THAN FAACC
AUTO ONLY: AGG
S
S
A
EXCESS LIABILITY
X OCCUR O CLAIMS MACE
DEDUCTIBLE
X RETENTION S 500,000
PL1743245 -00
07/01/2000
0710112001
EACH OCCURRENCE
$ 25,000,00
AGGREGATE
S 25,000,000
$
S
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TORY LIMITS ER
E.L. EACH ACCIDENT
S
E.L. DISEASE EA EMPLOYE
S�
E.L. DISEASE POLICY LIMIT
S
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
ounty of Orange and The Irvine Company are named as Additional Insureds as respects the license issued
o the Insured for the City's radio equipment at the County's Signal Peak communications facilicity.
(Except 30 -Days Notice of Cancellation for Non - Payment of Premium.
L
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION
AL,UHU ZD� (f/yf) �OAVORD CORPORATION 198e
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
County of Orange
Attn: Communications Manager
Orange County Sheriff Dept. /Communications
840 N. Eckhoff Street
EXPIRATION DATE THEREOF, THE ISSUING COMPANYWILLX MAIL
'30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
7�XK�XX90( 9f�9C7f 9GXN9p67 CXf(AA9(70MQC94JE9@X?(XX
Suite 104
R9(*XX9C3pXIXKX)%70A )M X' XXXO)PX9(9Qf(91RXKKX7QM%XXXXXXX
Orange,
CA 92868
AUTHORIZED REPRESENTATIVE
Mark A. Zahor in M2—C� /
y
AL,UHU ZD� (f/yf) �OAVORD CORPORATION 198e
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
B. Site Maintenance — LICENSEE shall, to the satisfaction of COUNTY, keep and maintain
the Site and all improvements of any kind in good condition and in substantial repair. It shall
be LICENSEE's responsibility to take all steps necessary to maintain such standard of
condition and repair.
LICENSEE expressly agrees to maintain the Site in a safe, clean, wholesome, and sanitary
condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws.
LICENSEE further agrees to provide approved containers for trash and garbage and to keep
the Site free and clear of rubbish and litter. COUNTY shall have the right to enter upon and
inspect the Site at any time for cleanliness and safety.
If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY
may notify LICENSEE in writing of said failure. Should LICENSEE fail to correct the
situation within a reasonable time thereafter as established by Communications Manager,
Communications Manager may have the necessary corrections(s) made and the cost thereof,
including but not limited to the cost of labor, materials, and equipment and administration,
shall be paid by LICENSEE within ten (10) days of receipt of a statement of said cost from
Communications Manager. Communications Manager may, at Communications Manager's
option, choose other remedies available herein, or by law.
16. MAINTENANCE OF LICENSEE'S EQUIPMENT (PMLII.IS)
LICENSEE agrees to enter into a maintenance contract with the County of Orange, Orange
County Sheriffs Department /Communications to provide maintenance for all of LICENSEE's
equipment installed in the Site. Said contract shall be in force during the entire term of this
License and shall provide for cost recovery to COUNTY for all maintenance and other services
provided to LICENSEE under said contract.
17. LNSURANCE (PML10.1S)
LICENSEE shall maintain insurance acceptable to Communications Manager in full force and
effect throughout the term of this License. The policy or policies of insurance maintained by
LICENSEE shall provide the following limits and coverage:
LIABILITY INSURANCE
Coverage
Comprehensive General Liability, to
include broad form property damage.
Minimum Limits
$1,000,000 combined single limit
Insurance shall be in force the first day of the term of this License.
Each insurance policy required by this License shall contain the following three clauses:
IicNBspK
04127/98 : 10:19 ANI
5
Pbl 1239- 7 -10 -2 Signal Peak
Ciry of Newporr Beach
4
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
48
50
52
i
F]
A. "This insurance shall not be cancelled, limited in scope of coverage or non - renewable until
after no less than 30 days written notice has been given to the Communications Manager, County
of Orange, Orange County Sheriff Department /Communications, 840 N. Eckhoff Street, Suite
104, Orange, CA 92868."
B. "County of Orange and The Irvine Company
the named insured at or from the Site occupied
certain License issued by the County of Orange."
are added as an insured as respects operations of
and used by the named insured pursuant to that
C. "It is agreed that any insurance maintained by the County of Orange and /or The Irvine
Company will apply in excess of, and not contribute with, insurance provided by this policy."
LICENSEE agrees to deposit with Communications Manager, before the effective date of this
License, certificates of insurance necessary to satisfy the Communications Manager that the
insurance provisions of this License have been complied with and to keep such insurance in effect
and the certificates therefore on deposit with the Communications Manager during the entire term
of this License.
LICENSEE may elect to self - insure for this License provided such self - insurance meets or exceeds
all provisions of this Section, INSURANCE (PML10.1 S), throughout the term of this License and
is in a form acceptable to the Communications Manager.
THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME
LICENSEE'S INSURANCE COVERAGE IS TERMINATED. IF, WITHIN 10 DAYS AFTER
TERrMINATION UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES
EVIDENCE OF THE REQUIRED INSURANCE COVERAGE ACCEPTABLE TO
COMMUNICATIONS MANAGER, THIS LICENSE MAY BE REINSTATED AT THE SOLE
DISCRETION OF COMMUNICATIONS MANAGER. IF REINSTATED, LICENSEE SHALL
PAY $200 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY.
LICENSEE agrees that LICENSEE shall not operate on the Site at any time the required insurance
is not in full force and effect as evidenced by a certificate of official binder or a certificate of self -
insurance being in the possession of Communications Manager. In no cases shall assurances by
LICENSEE, its employees, agents, including any insurance agent, be construed as adequate
evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of
LICENSEE's insurance, that COUNTY may take whatever steps are necessary to interrupt any
operation from or on the Site until such time as the Communications Manager reinstates the
License.
LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such
interruption of business including but not limited to damages resulting from any loss of income or
business resulting from COUNTY's action.
Communications Manager shall have the right at any time to review the coverage, form, and
amount of the insurance required hereby. If, in the opinion of Communications Manager,
insurance provisions in this License do not provide adequate protection for COUNTY and for
members of the public using the Site, Communications Manager may require LICENSEE to obtain
insurance sufficient in coverage, form, and amount to provide adequate protection from and
against the kind and extent of the risks which exist at the time a change in insurance is required.
The procuring of such required policy or policies of insurance shall not be construed to limit
LICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions
and requirements.
hcNBspK
04/27/98 : 10 :19 AM
0
PM 1239 -7 -10 Signal Peak
Cary of Newpon Beach
-
SERVING THE UNINCORPORATED AREAS
OF ORANGE COUNTY AND THE CITIES OF
DANA POINT
SAN CLEMENTE
LAGUNA HILLS
SAN JUAN CAPISTRANO
LAGUNA NIGUEL
STANTON
LAKE FOREST
VILLA PARK
MISSION VIEJO
January 4, 1999
PM 1239- 7 -10 -2
Signal Peak
City of Newport Beach
Ms. Lavonne Harkless
City Clerk
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
SHERIFF- CORONER DEPARTMENP
COUNTY OF ORANGE Y
CALIFORNIA R BRAD GATES
SHERIFF - CORONER
-99 JAtd —6 A9 C58
COMMUNICATIONS RAUL RAMOS
UNDERSHERIFF
CfI SSISTANT SHERIFFS
JOHN HEWITT
JERRY KRANS
TIM SIMON
DOUG STORM
RE: Executed License for Signal Peak Communications Facility
Dear Ms. Harkless,
Attached is the fully executed duplicate of the license agreement between the County of Orange and the City
of Newport Beach for the continued operation of the City's radio equipment at the County's Signal Peak
communications facility.
Please call if you have any questions. My number is (714) 704 -8081.
Sincerely,
Ray Weems
Real Property Agent
County of Orange
I[SPn
840
N. ECKHOFF ST., STE. 104 •ORANGE, CA 92868-1201 (714) 704 -7900 •FAX (714) 704 -7902
F
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
Project No: PM 1239- 7 -10 -2
Project Name: City of Newport Beach
Project Location: Signal Peak
LICENSE
(Communications A� cement)
This License Agreement ( "License ") is made .���c � � , 19J_/ by and between
the COUNTY OF ORANGE, hereinafter referred to as COUNTY ", and the CITY OF
NEWPORT BEACH, hereinafter referred to as "LICENSEE ", without regard to number or
gender.
1. DEFINITIONS (PML2.1S)
The following words in the License have the significance attached to them in this clause, unless
otherwise apparent from context:
"Auditor- Controller" means the Auditor - Controller of the County of Orange, or designee.
"Sheriff" means the Sheriff of the County of Orange, or designee.
"Communications Manager" means the Manager of the Communications Division of the Orange
County Sheriff's Department, County of Orange, or designee.
"Board of Supervisors" means the Board of Supervisors of the County of Orange, a political
subdivision of the State of California.
2. TERM (PML3.1S)
This License shall become effective retroactively to April 26, 1995 and shall continue in effect
until terminated as provided in Clause 3 (TERMINATION) of this License.
3. TERMINATION (PML3.2S)
This License shall be revocable by either COUNTY or LICENSEE at any time upon prior written
notice to either party; however, as a courtesy, both parties will attempt to give 45 days prior
written notice to the other party upon revocation.
4. SITE (PML4.1N)
COUNTY grants to LICENSEE the right to use that certain property hereinafter referred to as
"Site," shown on "Exhibit A ", as the Location Map, attached hereto and by reference made a part
hereof.
IicNBspK
04/27/98: 10:19 AM
1
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
9
9
5. TERMINATION OF PRIOR AGREEMENTS (PML12.1S)
2
It is mutually agreed that this License shall terminate and supercede any prior agreements between
4 the parties hereto covering all or any portion of the Site. Notwithstanding the foregoing, this
provision shall not release Licensee from any obligations under any prior agreements to be
6 performed through the effective date of this License or from any obligations of indemnification
based upon events occurring prior to the effective date of this License.
8
6. USE (PML 5.1N)
10
LICENSEE's use of the Site shall be limited to the operation of certain communications equipment
12 described in "Exhibit B ", as the Description of Licensee's Equipment, attached hereto and by
reference made a part hereof. LICENSEE shall use the Site in a manner so as not to interfere with
14 the COUNTY's use or equipment at the Signal Peak facility, or with the use or equipment of
COUNTY's other licensees at said facility.
16
LICENSEE's use herein does not include the right of access to the Site. Communications Manager
18 shall not permit access to the Site without proper escort.
20 LICENSEE agrees not to use the Site for any other purpose nor to engage in or permit any other
activity within or from the Site. LICENSEE further agrees not to conduct or permit to be
22 conducted any public or private nuisance in, on, or from the Site, nor to commit or permit to be
committed waste on the Site, and to comply with all governmental laws and regulations in
24 connection with its use of the Site.
26 7. LICENSE SUBORDINATE TO SIGNAL PEAK GROUND LEASE WITH THE IRVINE
COMPANY (1)
28
This License shall at all times be subordinate and subject to the provisions and requirements of that
30 certain Signal Peak Lease dated December 17, 1986, between The Irvine Company and COUNTY
relative to the development, operation and maintenance of certain radio remote control equipment
32 communications facilities at Signal Peak, or any subsequent agreement between said parties.
34 In the event The Irvine Company shall declare a default under Lease for action or inaction on the
part of LICENSEE, COUNTY shall have the right to cure any such default.
36
8. LIMITATION OF THE LICENSE (PML 13.2 N)
38
This License and the rights and privileges granted LICENSEE in and to the Site are subject to all
40 covenants, conditions, and restrictions, and exceptions of record or apparent, including those
which are set out in that certain ground lease specified in Clause 7 (LICENSE SUBORDINATE
42 TO SIGNAL PEAK GROUND LEASE WITH THE IRVINE COMPANY) herein.
44 Nothing contained in this License or in any document related hereto shall be construed to imply
the conveyance to LICENSEE of rights in the Site which exceed those owned by COUNTY.
ICSPnhK
08/06198 :7:58 AM
PM 1239.7 -10 -2 Signal Peak
City of Newport Beach
•
0
9. USE FEE (PML6.1N)
2
LICENSEE agrees to pay COUNTY from and after the effective date of this License the sum of
4 One Thousand Two Hundred Dollars ($1,200) per year as an annual fee for the use of the Site.
Said annual use fee shall be payable annually in advance within 30 days after receipt of invoice
6 provided by COUNTY. LICENSEE shall be provided with said invoice within 60 days prior to the
first day of each anniversary of the commencement date of this License. Annual use fee shall be
8 paid by LICENSEE while this License is in effect, without deduction or offset, in lawful money of
the United States.
10 In the event the obligation to pay the fee terminates on some day other than the first or last day of
the anniversary date of the effective date of the License, the fee shall be prorated to reflect the
12 actual period of use on the basis of a 360 -day year.
14 This use fee is in accordance with the fee schedule set forth in "Exhibit C," attached hereto and by
reference made a part hereof, and hereinafter is referred to as "Fee Schedule ". The Board of
16 Supervisors may from time to time amend said Fee Schedule. If the Board of Supervisors amends
the Fee Schedule, LICENSEE's annual use fee amount shall be automatically adjusted per the new
18 Fee Schedule as of the date of approval of the new Fee Schedule.
20 10. PROCESSING FEE (PML6.3S)
22 Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a processing fee
of $1,000 for issuance of the License. Said fee is deemed earned by COUNTY and is not
24 refundable. COUNTY shall provide LICENSEE with an invoice for said fee and LICENSEE shall
promptly pay the total fee amount within 30 days after receipt of invoice.
26
11. PAYMENT PROCEDURE (PML7.1S)
28
All payments shall be delivered to the County of Orange, Office of Auditor - Controller, P.O. Box
30 567 (630 North Broadway), Santa Ana, California, 92702. COUNTY may change the designated
place of payment at any time upon ten days written notice to LICENSEE. Fee payments may be
32 made by check payable to the County of Orange. LICENSEE assumes risk of loss if payments are
made by mail.
34
No payment by LICENSEE or receipt by COUNTY of an amount less than the payment due shall
36 be deemed to be other than on account of the payment due, nor shall any endorsement or statement
on any check or any letter accompanying any check or payment as payment be deemed an accord
38 and satisfaction, and COUNTY shall accept such check or payment without prejudice to
COUNTY's right to recover the balance of said payment or pursue any other remedy in this
40 License.
42 12. CHARGE FOR LATE PAYMENT (PML7.2S)
44 LICENSEE hereby acknowledges that the late payment of sums due hereunder will cause
COUNTY to incur costs not contemplated by this License, the exact amount of which will be
IicNBspK
04/27/98 : 10:19 AM
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
•
0
extremely difficult to ascertain. Such costs include but are not limited to costs such as
2 administrative processing of delinquent notices, increased accounting costs, etc.
4 Accordingly, if any payment pursuant to the License is not received by COUNTY by the due date,
a late charge of 1.5% of the payment due and unpaid, plus $100 shall be added to the payment,
6 and the total sum shall become immediately due and payable to COUNTY. An additional charge of
1.5% of said payment, excluding late charges, shall be added for each additional month that said
8 payment remains unpaid.
10 LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable
estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment.
12
Acceptance of such late charge (and /or any portion of the overdue payment) by COUNTY shall in
14 no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or
prevent COUNTY from exercising any other rights and remedies granted hereunder.
16
13. SERVICES CHARGES (N)
18
Due to safety, health, or other reasons, COUNTY may find it necessary to perform labor on
20 LICENSEE -owned stationary communications equipment within the Site. In such instances,
COUNTY shall charge LICENSEE for such labor on an hourly basis according to rates currently
22 approved by the Board of Supervisors, including administrative costs, and shall charge LICENSEE
for the cost of all parts required plus ten percent (10 %) of said costs of parts.
24
14. UTILITIES (PML9.1S)
26
COUNTY shall be responsible for and pay, prior to the delinquency date, all charges for utilities
28 used by LICENSEE.
30 15. OPERATIONS (N)
32 A. Operation of Equipment - The operation of LICENSEE's equipment shall be in accordance
with all applicable rules and regulations of the Federal Communications Commission and any
34 deviation therefrom shall be cause for COUNTY to demand that LICENSEE cease the
deviation immediately.
36
Should the operation of LICENSEE's communications equipment, in the opinion of
38 Communications Manager, interfere with the operation of COUNTY's communications
equipment or any other equipment installed on Signal Peak, LICENSEE shall immediately
40 eliminate said interference in a manner acceptable to Communications Manager.
42 In the event LICENSEE does not eliminate said interference, Communications Manager retains
the right to modify or remove LICENSEE's communications equipment and LICENSEE shall,
44 upon demand of Communications Manager, pay the cost of said modification or removal
thereof incurred by COUNTY.
IicNBspK 4 PM 1239- 7 -10 -2 signal Peak
04/27/98 : 10:19 AM City of Newport Beach
0
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
0 0
B. Site Maintenance — LICENSEE shall, to the satisfaction of COUNTY, keep and maintain
the Site and all improvements of any kind in good condition and in substantial repair. It shall
be LICENSEE's responsibility to take all steps necessary to maintain such standard of
condition and repair.
LICENSEE expressly agrees to maintain the Site in a safe, clean, wholesome, and sanitary
condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws.
LICENSEE further agrees to provide approved containers for trash and garbage and to keep
the Site free and clear of rubbish and litter. COUNTY shall have the right to enter upon and
inspect the Site at any time for cleanliness and safety.
If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY
may notify LICENSEE in writing of said failure. Should LICENSEE fail to correct the
situation within a reasonable time thereafter as established by Communications Manager,
Communications Manager may have the necessary corrections(s) made and the cost thereof,
including but not limited to the cost of labor, materials, and equipment and administration,
shall be paid by LICENSEE within ten (10) days of receipt of a statement of said cost from
Communications Manager. Communications Manager may, at Communications Manager's
option, choose other remedies available herein, or by law.
16. MAINTENANCE OF LICENSEE'S EQUIPMENT (PML11.1S)
LICENSEE agrees to enter into a maintenance contract with the County of Orange, Orange
County Sheriff's Department /Communications to provide maintenance for all of LICENSEE's
equipment installed in the Site. Said contract shall be in force during the entire term of this
License and shall provide for cost recovery to COUNTY for all maintenance and other services
provided to LICENSEE under said contract.
17. INSURANCE (PML10.1S)
LICENSEE shall maintain insurance acceptable to Communications Manager in full force and
effect throughout the term of this License. The policy or policies of insurance maintained by
LICENSEE shall provide the following limits and coverage:
LIABILITY INSURANCE
Coverage
Comprehensive General Liability, to
include broad form property damage.
Minimum Limits
$1,000,000 combined single limit
Insurance shall be in force the first day of the term of this License.
Each insurance policy required by this License shall contain the following three clauses:
licNBspK
04127/98 : 10:19 AM
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
El
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
48
50
52
0
0
A. "This insurance shall not be cancelled, limited in scope of coverage or non - renewable until
after no less than 30 days written notice has been given to the Communications Manager, County
of Orange, Orange County Sheriff Department /Communications, 840 N. Eckhoff Street, Suite
104, Orange, CA 92868."
B. "County of Orange and The Irvine Company
the named insured at or from the Site occupied
certain License issued by the County of Orange."
ire added as an insured as respects operations of
and used by the named insured pursuant to that
C. "It is agreed that any insurance maintained by the County of Orange and /or The Irvine
Company will apply in excess of, and not contribute with, insurance provided by this policy."
LICENSEE agrees to deposit with Communications Manager, before the effective date of this
License, certificates of insurance necessary to satisfy the Communications Manager that the
insurance provisions of this License have been complied with and to keep such insurance in effect
and the certificates therefore on deposit with the Communications Manager during the entire term
of this License.
LICENSEE may elect to self- insure for this License provided such self - insurance meets or exceeds
all provisions of this Section, INSURANCE (PML10.1 S), throughout the term of this License and
is in a form acceptable to the Communications Manager.
THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME
LICENSEE'S INSURANCE COVERAGE IS TERMINATED. IF, WITHIN 10 DAYS AFTER
TERMINATION UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES
EVIDENCE OF THE REQUIRED INSURANCE COVERAGE ACCEPTABLE TO
COMMUNICATIONS MANAGER, THIS LICENSE MAY BE REINSTATED AT THE SOLE
DISCRETION OF COMMUNICATIONS MANAGER. IF REINSTATED, LICENSEE SHALL
PAY $200 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY.
LICENSEE agrees that LICENSEE shall not operate on the Site at any time the required insurance
is not in full force and effect as evidenced by a certificate of official binder or a certificate of self -
insurance being in the possession of Communications Manager. In no cases shall assurances by
LICENSEE, its employees, agents, including any insurance agent, be construed as adequate
evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of
LICENSEE's insurance, that COUNTY may take whatever steps are necessary to interrupt any
operation from or on the Site until such time as the Communications Manager reinstates the
License.
LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such
interruption of business including but not limited to damages resulting from any loss of income or
business resulting from COUNTY's action.
Communications Manager shall have the right at any time to review the coverage, form, and
amount of the insurance required hereby. If, in the opinion of Communications Manager,
insurance provisions in this License do not provide adequate protection for COUNTY and for
members of the public using the Site, Communications Manager may require LICENSEE to obtain
insurance sufficient in coverage, form, and amount to provide adequate protection from and
against the kind and extent of the risks which exist at the time a change in insurance is required.
The procuring of such required policy or policies of insurance shall not be construed to limit
LICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions
and requirements.
IicNBspK
04/27/98 : 10:19 AM
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
18. AUTHORITY (N)
Each person executing this License on behalf of LICENSEE does hereby covenant and warrant
that (a) LICENSEE is a municipal corporation which validly exists under the laws of the State of
California; (b) LICENSEE has full right and authority to enter into this License; and (c) each
person signing this License on behalf of LICENSEE is duly authorized to do so.
19. NOTICES (PML 14.1S)
All notices pursuant to this License shall be addressed as set forth below or as either party may
hereafter designate by written notice and shall be sent through the United States mail and duly
registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as
aforesaid, the same shall be deemed served or delivered 24 hours after mailing thereof as above
provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by
personal delivery or by regular mail and any such notice given shall be deemed to have been given
upon receipt.
COUNTY
Orange County Sheriffs Department
Communications Division
840 N. Eckhoff St., Suite 104
Orange, CA 92668 -1021
20. ATTACHMENTS TO LICENSE (PML15.1S)
LICENSEE
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Telephone No.: (714) 644 -3117
This License includes the following, which are attached hereto and made a part hereof:
I. GENERAL CONDITIONS
II. EXHIBITS
Exhibit A - Location Map
Exhibit B - Description of Licensee's Equipment
Exhibit C - Fee Schedule
IicNBspK
04127/98 : 10:19 AM
7
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
•
0
IN WITNESS WHEREOF, the parties have executed this License as of the day and year first
written above.
COUNTY
APPROVED AS TO FORM:
Laurence M. Watson
County Counsel
By: 4,ZC
LZ Deputy
Date:
RECOMMENDED FOR APPROVAL:
SHERIFF- CORONER/COMMUNICATIONS
Real Estate
By:
SIGNED AND AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD OF
SUPE VISORS
f
Darlene J. Bloom s__
Clerk of the Board of Supervisors of ' ".iLN""
Orange County, California
COUNTY
COUNTY OF ORANGE
�V�-��
Em
Chairman, Board of Supervisors
IicNBspK
04/27/98 : 10:19 AM
E
LICENSEE
CITY OF NEWPORT BEACH
Title: My ygr-,
C Jl fa m45 C-0 WAA0. 0
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
0
I. GENERAL CONDITIONS (PMLGI -15S)
1. PERMITS AND LICENSES (PMLGI S)
LICENSEE shall be required to obtain any and all permits and /or licenses that may be
required in connection with the operation of the Site as set out herein. No permit,
approval, or consent given hereunder by COUNTY, in its governmental capacity, shall
affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents
given by COUNTY, as a party to this License, be deemed approval as to compliance or
conformance with applicable governmental codes, laws, rules, or regulations.
2. SIGNS (PMLG2 S)
LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc.,
upon Site except as approved by Communications Manager. Unapproved signs,
banners, flags, etc., may be removed.
3. LICENSE ORGANIZATION (PMLG3 S)
The various headings and numbers herein, the grouping of provisions of this License
into separate clauses and paragraphs, and the organization hereof, are for the purpose
of convenience only and shall not be considered otherwise.
4. AMENDMENTS (PMLG4 S)
This License is the sole and only agreement between the parties regarding the subject
matter hereof; other agreements, either oral or written, are void. Any changes to this
License shall be in writing and shall be properly executed by both parties.
5. UNLAWFUL USE (PMLG5 S)
LICENSEE agrees no improvements shall be erected, placed upon, operated, nor
maintained on the Site, nor any business conducted or carried on therein or therefrom,
in violation of the terms of this License, or of any regulation, order of law, statute,
bylaw, or ordinance of a governmental agency having jurisdiction.
6. INSPECTION (PMLG6 S)
COUNTY or its authorized representative shall have the right at all reasonable times to
inspect the operation to determine if the provisions of this License are being complied
with.
IicNBspG
4/24/98 : 2:03 PM
Page 1 of 3
PM 1239- 7 -10 -2 signal Peak
City of Newport Beach
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
0 0
7. INDEMNIFICATION (PMLG7 S)
LICENSEE hereby waives all claims and recourse against COUNTY and THE IRVINE
COMPANY including the right of contribution for loss or damage to persons or
property arising from, growing out of, or in any way connected with or related to this
License except claims arising from the concurrent active or sole negligence of
COUNTY and THE IRVINE COMPANY, their officers, agents, and employees.
LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY and
THE IRVINE COMPANY, their officers, agents, and employees against any and all
claims, loss, demands, damages, cost, expenses, or liability costs arising out of the
operation, use, or maintenance of the property described herein, and /or LICENSEE's
exercise of the rights under this License, except for liability arising out of the
concurrent active or sole negligence of COUNTY and THE IRVINE COMPANY, their
officers, agents, or employees, including the cost of defense of any lawsuit arising
therefrom.
In the event COUNTY and THE IRVINE COMPANY are named as co- defendants with
LICENSEE in a legal action as described in the preceding sentence, LICENSEE shall
notify COUNTY and THE IRVINE COMPANY of such fact and shall represent
COUNTY and THE IRVINE COMPANY in such legal action unless COUNTY and
THE IRVINE COMPANY undertake to represent themselves as co- defendants in such
legal action, in which event LICENSEE shall pay to COUNTY and THE IRVINE
COMPANY its reasonable litigation costs, expenses, and attorney's fees. In the event
judgment is entered against COUNTY and THE IRVINE COMPANY and LICENSEE
because of the concurrent active negligence of COUNTY and THE IRVINE
COMPANY and LICENSEE or their respective officers, agents, or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
8. TAXES AND ASSESSMENTS (PMLG8 S)
Although not anticipated, should this License create a possessory interest which is
subject to the payment of taxes levied on such interest, it is understood and agreed that
all taxes and assessments (including but not limited to said possessory interest tax)
which become due and payable in connection with this License or upon fixtures,
equipment, or other property used in connection with this License, shall be the full
responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to
be paid promptly.
1 9. PARTIAL INVALIDITY (PMLG9 S)
If any term, covenant, condition, or provision of this License is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
IicNBspG Page 2 of 3 PM 1239- 7 -10 -2 signal Peak
4124/98 : 2:03 PM City of Newport Beach
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
0
10. WAIVER OF RIGHTS (PMLG10 S)
The failure of COUNTY to insist upon strict performance of any of the terms,
covenants, or conditions of this License shall not be deemed a waiver of any right or
remedy that COUNTY may have, and shall not be deemed a waiver of the right to
require strict performance of all the terms, covenants, and conditions of the License
thereafter, nor a waiver of any remedy for the subsequent breach or default of any
term, covenant, or condition of the License. Any waiver, in order to be effective, must
be signed by the party whose right or remedy is being waived.
11. CONDITION OF SITE UPON TERMINATION (PMLG12 S)
Except as otherwise agreed to herein, upon termination of this License, LICENSEE
shall redeliver possession of said Site to COUNTY in substantially the same condition
that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear,
flood, earthquakes, war, and any act of war excepted.
12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S)
If LICENSEE abandons the Site or is dispossessed thereof by process of law or
otherwise, title to any personal property belonging to LICENSEE and left on the Site
10 days after such event shall be deemed, at COUNTY's option, to have been
transferred to COUNTY. COUNTY shall have the right to remove and to dispose of
such property without liability therefor to LICENSEE or to any person claiming under
LICENSEE, and shall have no need to account therefor.
13. TIME OF ESSENCE (PMLG14 S)
Time is of the essence of this License. Failure to comply with any time requirements of
this License shall constitute a material breach of this License.
14, NO ASSIGNMENT (PMLG15 S)
The License granted hereby is personal to LICENSEE and any assignment of said
license by LICENSEE, voluntarily or by operation of law, shall automatically terminate
the License granted hereby.
IicNBspG
4/24/98 : 2:03 PM
Page 3 of 3
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
411141-4F
-4.
Location Map
CRYSTAL
COVE
STATE
---A4RK
LOCATION MAP
Signal Peak ft e° : Ray.W"�
Unincorporated COUNTY OF ORANGE
File No.: PM 1239-7-10-2 O.C.S.D./COMMUNICATIONS
OCSD/COMMUNICATIONS EXHIBIT A 1130/98
6
j1Z
5
'
Location Map
CRYSTAL
COVE
STATE
---A4RK
LOCATION MAP
Signal Peak ft e° : Ray.W"�
Unincorporated COUNTY OF ORANGE
File No.: PM 1239-7-10-2 O.C.S.D./COMMUNICATIONS
OCSD/COMMUNICATIONS EXHIBIT A 1130/98
• •
COUNTY OF ORANGE - SIGNAL PEAK SITE
DESCRIPTION OF LICENSEE'S EQUIPMENT
Transmitter Receiver
FCC Call Sign
KA6EEK
SAME
Model Number
VXR -5000
SAME
Serial Number
4N 110082
SAME
RF Frequency (MHz)
145.160 MHz
SAME
Tone Frequency (Hz)
100.0 Hz
SAME
Burst or Continuous Tone
CONT.
Power Output (Watts)
10 /40w
ERP (Watts)
18/78w
Type of Cavity
BpBr
SAME
Model No. of Cavity
WACOM 639
SAME
Type of Antenna
CELWAVE
SAME
Model of Antenna
PD- 220 -142
SAME
Gain of Antenna (dBd)
5.8
SAME
Direction of Radiation ( °T)
3600
SAME
Diameter or Length of Antenna (ft.)
22'
SAME
Type and Model of Feed Line
ANDREWS LDF5 -50A
SAME
Rack Space Required (Vertical In.)
36"
SAME
Owner of Equipment: CITY OF NEWPORT BEACH
EXHIBIT B
Page 1 of 1
EQDIPBM DOC
,c
0
FEE SCHEDULE
One Rack Space (2' x 2' floor space x 71/2' high)
(Mounting space for two UHF /VHF Antennas
is included in the charge for a rack space)
Partial Rack Space (2' x 2" floor space)
0
$1,200 /year
$ 160 per vertical foot/year
Space for Battery Chargers, Batteries, Cavities, etc. $ 300 per square foot/year
(If this equipment occupies space that would normally
be used as radio floor space, the charge will then be
for rack space)
Microwave Antenna Surcharge /per antenna $ 300 /year
UHF /VHF Antenna Surcharge $ 150 /year
(This will be charged if more than two antennas
are installed per rack space)
FEESCHDL EXHIBIT C
,I
•
u
9 0
City of Newport Beach
Police Department
April 30, 1998
May 11, 1998
Agenda Item # 6
TO: Honorable Mayor, Members of the City Council and City Manager
FROM: Bob McDonell, Chief of Police
SUBJECT: Approval of Signal Peak License Renewal
RECOMMENDATIONS:
1. Approve the execution of a renewal license for the Police Department to
continue operating its communications equipment from Signal Peak.
BACKGROUND:
The Police Department has operated its radio and communication equipment
from the top of Signal Peak since 1990. Authority to operate this equipment is
granted by the County of Orange. There are no issues or concerns with the
renewal of this license through the County of Orange. The cost of this contract is
$1,350 per year for the use of an equipment rack and antenna. This amount has
been included in the Police Department budget for the last seven years and is
included in the budget for the next fiscal year. Execution of this license must be
done under the authority of the City Council.
Respectfully submitted,
Bob on
cD ell
CHIEF OF POLICE
SERVING THE UNINCORPORATED AREAS
OF ORANGE COUNTY AND THE CITIES OF
DANA POINT
LAGUNA HILLS
LAGUNA NIGUEL
LAKE FOREST
MISSION VIEJO
April 27, 1998
*ERIFF- CORONER DEPARTM&
COUNTY OF ORANGE
CALIFORNIA
SAN CLEMENTE
SAN JUAN CAPISTRANO
STANTON
VILLA PARK
PM 1239- 7 -10 -2
Signal Peak
City of Newport Beach
Mr. Kevin Murphy
City Manager
City of Newport Beach
PO Box 1768
Newport Beach, CA 92658 -8915
COMMUNICATIONS
RE: License Renewal for Signal Peak Communications Facility
Dear Mr. Murphy,
w,
BRAD GATES
SHERIFF- CORONEiO
RAULRAMOS
UNDERSHERIFF
ASSISTANT SHERIFFS
JOHN HEWITT
JERRY KRANS
DENNIS LADUCER
DOUG STORM
E
I have enclosed for City of Newport Beach execution, an original and duplicate copy of the license agreement
at Signal Peak. Please have the proper authorities execute each document. Do not date the front page of either
document. Once executed, please return both copies to my attention. Once received, I will process both to the
Board of Supervisors for their approval. After Board approval, I will return to you a fully executed copy.
The City of Newport Beach Police Department has operated communications equipment from the County's
Signal Peak communications facility since 1990. The enclosed license will allow the City of Newport Beach
to continue to operate their equipment from this location.
Execution of this license must be done so under the authority of the Newport Beach City Council. If the
license is signed by someone other than a member of the City Council, please provide me with the signatory's
written authority to sign on behalf of the City of Newport Beach.
Please call if you have any questions. My number is (714) 704 -8081.
Sincerely,
Ael&-4�1�
Ray Weems
Real Property Agent
County of Orange
IuNBspl
840 N. ECKHOFF ST., STE. 104 • ORANGE, CA 92868 -1021 • (714) 704 -7900 • FAX (714) 704 -7902 �1 OTP1`
IicNBspK 1 PM 1239- 7 -10 -2 Signal Peak
04/27198 : 10:19 AM City of Newport Beach
Project No: PM 1239- 7 -10 -2
2
Project Name: City of Newport Beach
Project Location: Signal Peak
4
LICENSE
6
(Communications Agreement)
8
This License Agreement ( "License ") is made 19_, by and between
the COUNTY OF ORANGE, hereinafter referred to as "COUNTY ", and the CITY OF
10
NEWPORT BEACH, hereinafter referred to as "LICENSEE ", without regard to number or
gender.
12
1. DEFINITIONS (PML2.1S)
14
The following words in the License have the significance attached to them in this clause, unless
16
otherwise apparent from context:
18
"Auditor- Controller" means the Auditor - Controller of the County of Orange, or designee.
20
"Sheriff" means the Sheriff of the County of Orange, or designee.
•
22
"Communications Manager" means the Manager of the Communications Division of the Orange
County Sheriff's Department, County of Orange, or designee.
24
'
"Board of Supervisors" means the Board of Supervisors of the County of Orange, a political
26
subdivision of the State of California.
28
2. TERM (PML3.1S)
30
This License shall become effective retroactively to April 26, 1995 and shall continue in effect
until terminated as provided in Clause 3 (TERMINATION) of this License.
32
3. TERMINATION (PML3.2S)
34
This License shall be revocable by either COUNTY or LICENSEE at any time upon prior written
36
notice to either parry; however, as a courtesy, both parties will attempt to give 45 days prior
written notice to the other parry upon revocation.
38
4. SITE (PML4.1N)
40
COUNTY grants to LICENSEE the right to use that certain property hereinafter referred to as
42
"Site," shown on "Exhibit A ", as the Location Map, attached hereto and by reference made a part
•
44
hereof.
IicNBspK 1 PM 1239- 7 -10 -2 Signal Peak
04/27198 : 10:19 AM City of Newport Beach
F
0
5. TERMINATION OF PRIOR AGREEMENTS (PML12.1S) .
2
It is mutually agreed that this License shall terminate and supercede any prior agreements between
4 the parties hereto covering all or any portion of the Site. Notwithstanding the foregoing, this
provision shall not release Licensee from any obligations under any prior agreements to be
6 performed through the effective date of this License or from any obligations of indemnification
based upon events occurring prior to the effective date of this License.
8
6. USE (PML 5.1N)
10
LICENSEE's use of the Site shall be limited to the operation of certain communications equipment
12 described in "Exhibit B ", as the Description of Licensee's Equipment, attached hereto and by
reference made a part hereof. LICENSEE shall use the Site in a manner so as not to interfere with
14 the COUNTY's use or equipment at the Signal Peak facility, or with the use or equipment of
COUNTY's other licensees at said facility.
16
LICENSEE's use herein does not include the right of access to the Site. Communications Manager
18 shall not permit access to the Site without proper escort. ,
20 LICENSEE agrees not to use the Site for any other purpose nor to engage in or permit any other
activity within or from the Site. LICENSEE further agrees not to conduct or permit to be
22 conducted any public or private nuisance in, on, or from the Site, nor to commit or permit to be •
committed waste on the Site, and to comply with all governmental laws and regulations in
24 connection with its use of the Site.
26 7. LICENSE SUBORDINATE TO SIGNAL PEAK LEASE WITH THE IRVINE COMPANY
28
This License shall at all times be subordinate and subject to the provisions and requirements of that
30 certain Signal Peak Lease dated December 17, 1986, between The Irvine Company and COUNTY
relative to the development, operation and maintenance of certain radio remote control equipment
32 communications facilities at Signal Peak, or any subsequent agreement between said parties.
34 In the event The Irvine Company shall declare'a default under Lease for action or inaction on the
part of LICENSEE, COUNTY shall have the right to cure any such default.
36
8. LIMITATION OF THE LICENSE (PML 13.2 N)
38
This License and the rights and privileges granted LICENSEE in and to the Site are subject to all
40 covenants, conditions, and restrictions, and exceptions of record or apparent, including those
which are set out in that certain ground lease specified in Clause 7 (LICENSE SUBORDIANTE
42 TO SIGNAL PEAK GROUND LEASE WITH THE IRVINE COMPANY) herein .
44 Nothing contained in this License or in any document related hereto shall be construed to imply
the conveyance to LICENSEE of rights in the Site which exceed those owned by COUNTY.
licNBspK 2 PM 1239.7 -10 -2 Signal Peak
04/27/98 : 10:19 AM City of Newport Beach 4-
0 0
9. USE FEE (PML6.1N)
2
LICENSEE agrees to pay COUNTY from and after the effective date of this License the sum of
4 One Thousand Two Hundred Dollars ($1,200) per year as an annual fee for the use of the Site.
Said annual use fee shall be payable annually in advance within 30 days after receipt of invoice
6 provided by COUNTY. LICENSEE shall be provided with said invoice within 60 days prior to the
first day of each anniversary of the commencement date of this License. Annual use fee shall be
8 paid by LICENSEE while this License is in effect, without deduction or offset, in lawful money of
the United States.
10 In the event the obligation to pay the fee terminates on some day other than the first or last day of
the anniversary date of the effective date of the License, the fee shall be prorated to reflect the
12 actual period of use on the basis of a 360 -day year.
14 This use fee is in accordance with the fee schedule set forth in "Exhibit C," attached hereto and by
reference made a part hereof, and hereinafter is referred to as "Fee Schedule ". The Board of
16 Supervisors may from time to time amend said Fee Schedule. If the Board of Supervisors amends
the Fee Schedule, LICENSEE's annual use fee amount shall be automatically adjusted per the new
18 Fee Schedule as of the date of approval of the new Fee Schedule.
20 10. PROCESSING FEE (PML6.3S)
. 22 Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a processing fee
of $1,000 for issuance of the License. Said fee is deemed earned by COUNTY and is not
24 refundable. COUNTY shall provide LICENSEE with an invoice for said fee and LICENSEE shall
promptly pay the total fee amount within 30 days after receipt of invoice.
26
11. PAYMENT PROCEDURE (PML7.1S)
28
All payments shall be delivered to the County of Orange, Office of Auditor - Controller, P.O. Box
30 567 (630 North Broadway), Santa Ana, California, 92702. COUNTY may change the designated
place of payment at any time upon ten days written notice to LICENSEE. Fee payments may be
32 made by check payable to the County of Orange. LICENSEE assumes risk of loss if payments are
made by mail.
34
No payment by LICENSEE or receipt by COUNTY of an amount less than the payment due shall
36 be deemed to be other than on account of the payment due, nor shall any endorsement or statement
on any check or any letter accompanying any check or payment as payment be deemed an accord
38 and satisfaction, and COUNTY shall accept such check or payment without prejudice to
COUNTY's right to recover the balance of said payment or pursue any other remedy in this
40 License.
42 12. CHARGE FOR LATE PAYMENT (PML7.2S) ti
• 44 LICENSEE hereby acknowledges that the late payment of sums due herel4nder -will cause
COUNTY to incur costs not contemplated by this License, the exact amount of which will be
IicNBspK
04/27/98 : 10:19 AM
M
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
0
extremely difficult to ascertain. Such costs include but are not limited to costs such as
2 administrative processing of delinquent notices, increased accounting costs, etc.
4 Accordingly, if any payment pursuant to the License is not received by COUNTY by the due date,
a late charge of 1.5% of the payment due and unpaid, plus $100 shall be added to the payment,
6 and the total sum shall become immediately due and payable to COUNTY. An additional charge of
1.5 % of said payment, excluding late charges, shall be added for each additional month that said
8 payment remains unpaid.
10 LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable
estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment.
12
Acceptance of such late charge (and /or any portion of the overdue payment) by COUNTY shall in
14 no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or
prevent COUNTY from exercising any other rights and remedies granted hereunder.
16
13. SERVICES CHARGES (1)
18
Due to safety, health, or other reasons, COUNTY may find it necessary to perform labor on
20 LICENSEE -owned stationary communications equipment within the Site. In such instances,
COUNTY shall charge LICENSEE for such labor on an hourly basis according to rates currently
22 approved by the Board of Supervisors, including administrative costs, and shall charge LICENSER
for the cost of all parts required plus ten percent (10 %) of said costs of parts.
24
14. UTILITIES (PML9.1S)
26
COUNTY shall be responsible for and pay, prior to the delinquency date, all charges for utilities
28 used by LICENSEE.
30 15. OPERATIONS (N)
32 A. Operation of Equipment — The operation of LICENSEE's equipment shall be in accordance
with all applicable rules and regulations of the Federal Communications Commission and any
34 deviation therefrom shall be cause for COUNTY to demand that LICENSEE cease the
deviation immediately.
36
Should the operation of LICENSEE's communications equipment, in the opinion of
38 Communications Manager, interfere with the operation of COUNTY's communications
equipment or any other equipment installed on Signal Peak, LICENSEE shall immediately
40 eliminate said interference in a manner acceptable to Communications Manager.
42 In the event LICENSEE does not eliminate said interference, Communications .Manager retains
the right to modify or remove LICENSEE's communications equipment a$d LICENSEE shall, •
44 upon demand of Communications Manager, pay the cost of said modification or removal
thereof incurred by COUNTY.
licNBspK 4 PM 1239- 7 -10 -2 signal Peak
04/27/98: 10:19 AM City of Newport Beach
M
10
12
14
16
18
20
. 22
24
26
28
30
32
34
36
38
40
42
44
• 46
0
B. Site Maintenance - LICENSEE shall, to the satisfaction of COUNTY, keep and maintain
the Site and all improvements of any kind in good condition and in substantial repair. It shall
be LICENSEE's responsibility to take all steps necessary to maintain such standard of
condition and repair.
LICENSEE expressly agrees to maintain the Site in a safe, clean, wholesome, and sanitary
condition, to the complete satisfaction of COUNTY and in compliance with all applicable laws.
LICENSEE further agrees to provide approved containers for trash and garbage and to keep
the Site free and clear of rubbish and litter. COUNTY shall have the right to enter upon and
inspect the Site at any time for cleanliness and safety.
If LICENSEE fails to maintain or make repairs or replacements as required herein, COUNTY
may notify LICENSEE in writing of said failure. Should LICENSEE fail to correct the
situation within a reasonable time thereafter as established by Communications Manager,
Communications Manager may have the necessary corrections(s) made and the cost thereof,
including but not limited to the cost of labor, materials, and equipment and administration,
shall be paid by LICENSEE within ten (10) days of receipt of a statement of said cost from
Communications Manager. Communications Manager may, at Communications Manager's
option, choose other remedies available herein, or by law.
16. MAINTENANCE OF LICENSEE'S EQUIPMENT (PML11.1S)
LICENSEE agrees to enter into a maintenance contract with the County of Orange, Orange
County Sheriff's Department/Communications to provide maintenance for all of LICENSEE's
equipment installed in the Site. Said contract shall be in force during the entire term of this
License and shall provide for cost recovery to COUNTY for all maintenance and other services
provided to LICENSEE under said contract.
17. INSURANCE (PML10.1S)
LICENSEE shall maintain insurance acceptable to Communications Manager in full force and
effect throughout the term of this License. The policy or policies of insurance maintained by
LICENSEE shall provide the following limits and coverage:
LIABILITY INSURANCE
Coverage
Comprehensive General Liability, to
include broad form property damage.
Minimum Limits
$1,000,000 combined single limit
Insurance shall be in force the first day of the term of this License.
Each insurance policy required by this License shall contain the following three clauses:
IicNBspK 5. PM 1239- 7 -10 -2 Signal Peak
04/27/98 : 10:19 AM City of Newport Beach
11
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
48
50
52
A. "This insurance shall not be cancelled, limited in scope of coverage or non - renewable unt'
after no less than 30 days written notice has been given to the Communications Manager, Count
of Orange, Orange County Sheriff Department /Communications, 840 N. Eckhoff Street, Suite
104, Orange, CA 92868."
B. "County of Orange and The Irvine Company
the named insured at or from the Site occupied
certain License issued by the County of Orange."
are added as an insured as respects operations of
and used by the named insured pursuant to that
C. "It is agreed that any insurance maintained by the County of Orange and /or The Irvine
Company will apply in excess of, and not contribute with, insurance provided by this policy."
LICENSEE agrees to deposit with Communications Manager, before the effective date of this
License, certificates of insurance necessary to satisfy the Communications Manager that the
insurance provisions of this License have been complied with and to keep such insurance in effect
and the certificates therefore on deposit with the Communications Manager during the entire term
of this License.
LICENSEE may elect to self - insure for this License provided such self - insurance meets or exceeds
all provisions of this Section, INSURANCE (PML10.1 S), throughout the term of this License and
is in a form acceptable to the Communications Manager.
THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME
LICENSEE'S INSURANCE COVERAGE IS TERMINATED. IF, WITHIN 10 DAYS AFTER
TERMINATION UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES
EVIDENCE OF THE REQUIRED INSURANCE COVERAGE ACCEPTABLE TO
COMMUNICATIONS MANAGER, THIS LICENSE MAY BE REINSTATED AT THE SOLE.
DISCRETION OF COMMUNICATIONS MANAGER. IF REINSTATED, LICENSEE SHALL
PAY $200 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY.
LICENSEE agrees that LICENSEE shall not operate on the Site at any time the required insurance
is not in full force and effect as evidenced by a certificate of official binder or a certificate of self -
insurance being in the possession of Communications Manager. In no cases shall assurances by
LICENSEE, its employees, agents, including any insurance agent, be construed as adequate
evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of
LICENSEE's insurance, that COUNTY may take whatever steps are necessary to interrupt any
operation from or on the Site until such time as the Communications Manager reinstates the
License.
LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such
interruption of business including but not limited to damages resulting from any loss of income or
business resulting from COUNTY's action.
Communications Manager shall have the right at any time to review the coverage, form, and
amount of the insurance required hereby. If, in the opinion of Communications Manager,
insurance provisions in this License do not provide adequate protection for COUNTY and for
members of the public using the Site, Communications Manager may require LICENSEE to obtain
insurance sufficient in coverage, form, and amount to provide adequate protection -from and
against the kind and extent of the risks which exist at the time a change in insurance is required.
The procuring of such required policy or policies of insurance shall not 1)e construed to limit
LICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions .
and requirements.
IicNBspK
04/27/98 : 10:19 AM
PM 1239- 7 -10 -2 Signal Peak Q
City of Newport Beach 6
0
2
4
6
8
10
12
14
16
18
20
0 0
18. AUTHORITY (N)
Each person executing this License on behalf of LICENSEE does hereby covenant and warrant
that (a) LICENSEE is a municipal corporation which validly exists under the laws of the State of
California; (b) LICENSEE has full right and authority to enter into this License; and (c) each
person signing this License on behalf of LICENSEE is duly authorized to do so.
19. NOTICES (PML 14.15)
All notices pursuant to this License shall be addressed as set forth below or as either parry may
hereafter designate by written notice and shall be sent through the United States mail and duly
registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as
aforesaid, the same shall be deemed served or delivered 24 hours after mailing thereof as above
provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by
personal delivery or by regular mail and any such notice given shall be deemed to have been given
upon receipt.
ICOUNTY
22
24
26
28
30
32
34
36
Orange County Sheriffs Department
Communications Division
840 N. Eckhoff St., Suite 104
Orange, CA 92668 -1021
20. ATTACHMENTS TO LICENSE (PML15.1S)
LICENSEE
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Telephone No.: (714) 644 -3117
This License includes the following, which are attached hereto and made a part hereof:
I. GENERAL CONDITIONS
II. EXHIBITS
Exhibit A — Location Map
Exhibit B — Description of Licensee's Equipment
Exhibit C — Fee Schedule
IicNBspK
04/27/98 : 10:19 AM
%I
i
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
0
P
IN WITNESS WHEREOF, the parties have executed this License as of the day and year first
written above.
COUNTY
LICENSEE
APPROVED AS TO FORM:
CITY OF NEWPORT BEACH
Laurence M. Watson
County Counsel
By:
By:
Deputy
Date:
Title:
RECOMMENDED FOR APPROVAL:
SHERIFF- CORONER/COMMUNICATIONS
Real Estate
By:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD OF
SUPERVISORS
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
COUNTY
COUNTY OF ORANGE
Chairman, Board of Supervisors
licNBspK
04/27198 : 10:19 AM
H
PM 1239- 7 -10 -2 Signal Peak
City of Newport Beach ' ��
•
9
0
I. GENERAL CONDITIONS (PMLG1 -15S)
2
1. PERMITS AND LICENSES (PMLG1 S)
4
LICENSEE shall be required to obtain any and all permits and /or licenses that may be
6 required in connection with the operation of the Site as set out herein. No permit,
approval, or consent given hereunder by COUNTY, in its governmental capacity, shall
8 affect or limit LICENSEE's obligations hereunder, nor shall any approvals or consents
given by COUNTY, as a party to this License, be deemed approval as to compliance or
10 conformance with applicable governmental codes, laws, rules, or regulations.
12 2. SIGNS (PMLG2 S)
14 LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc.,
upon Site except as approved by Communications Manager. Unapproved signs,
16 banners, flags, etc., may be removed.
18 3. LICENSE ORGANIZATION (PMLG3 S)
20 The various headings and numbers herein, the grouping of provisions of this License
into separate clauses and paragraphs, and the organization hereof, are for the purpose
22 of convenience only and shall not be considered otherwise.
24 4. AMENDMENTS (PMLG4 S)
26 This License is the sole and only agreement between the parties regarding the subject
matter hereof; other agreements, either oral or written, are void. Any changes to this
28 License shall be in writing and shall be properly executed by both parties.
30 5. UNLAWFUL USE (PMLG5 S)
32 LICENSEE agrees no improvements shall be erected, placed upon, operated, nor
maintained on the Site, nor any business conducted or carried on therein or therefrom,
34 in violation of the terms of this License, or of any regulation, order of law, statute,
bylaw, or ordinance of a governmental agency having jurisdiction.
36
6. INSPECTION (PMLG6 S)
38
COUNTY or its authorized representative shall have the right at all reasonable times to
40 inspect the operation to determine if the provisions of this License are being complied
with.
42
44
IicNBspG Page 1 of 3 PM 1239- 7 -10 -2 signal Peak
4/24198 : 2:03 PM City of Newport Bcach
9 0
1icNBspG Page 2 of 3 PM 1239- 7 -10 -2 Signal Peak
4124198 : 2:03 PM City of Newport Beach I�.
7. INDEMNIFICATION (PMLG7 S)
2
LICENSEE hereby waives all claims and recourse against COUNTY and THE IRVINE
4
COMPANY including the right of contribution for loss or damage to persons or
property arising from, growing out of, or in any way connected with or related to this
6
License except claims arising from the concurrent active or sole negligence of
COUNTY and THE IRVINE COMPANY, their officers, agents, and employees.
8
LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY and
THE IRVINE COMPANY, their officers, agents, and employees against any and all
10
claims, loss, demands, damages, cost, expenses, or liability costs arising out of the
operation, use, or maintenance of the property described herein, and /or LICENSEE's
12
exercise of the rights under this License, except for liability arising out of the
concurrent active or sole negligence of COUNTY and THE IRVINE COMPANY, their
14
officers, agents, or employees, including the cost of defense of any lawsuit arising
therefrom.
16
In the event COUNTY and THE IRVINE COMPANY are named as co- defendants with
18
LICENSEE in a legal action as described in the preceding sentence, LICENSEE shall
notify COUNTY and THE IRVINE COMPANY of such fact and shall represent
20
COUNTY and THE IRVINE COMPANY in such legal action unless COUNTY and
THE IRVINE COMPANY undertake to represent themselves as co- defendants in such
22
legal action, in which event LICENSEE shall pay to COUNTY and THE IRVINE
COMPANY its reasonable litigation costs, expenses, and attorney's fees. In the event
24
judgment is entered against COUNTY and THE IRVINE COMPANY and LICENSEE
because of the concurrent active negligence of COUNTY and THE IRVINE
26
COMPANY and LICENSEE or their respective officers, agents, or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent
28
jurisdiction. Neither party shall request a jury apportionment.
30
8. TAXES AND ASSESSMENTS (PMLG8 S)
32
Although not anticipated, should this License create a possessory interest which4s
subject to the payment of taxes levied on such interest, it is understood and agreed that
34
all taxes and assessments (including but not limited to said possessory interest tax)
which become due and payable in connection with this License or upon fixtures,
36
equipment, or other property used in connection with this License, shall be the full
responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to
38
be paid promptly.
40
9. PARTIAL INVALIDITY (PMLG9 S)
42
If any term, covenant, condition, or provision of this License is held by a court�of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of (he
44
provisions hereof shall remain in full force and effect and shall in no way lie affected,
impaired, or invalidated thereby.
1icNBspG Page 2 of 3 PM 1239- 7 -10 -2 Signal Peak
4124198 : 2:03 PM City of Newport Beach I�.
0
0
U
9
0
10. WAIVER OF RIGHTS (PMLG10 S)
2
The failure of COUNTY to insist upon strict performance of any of the terms,
4 covenants, or conditions of this License shall not be deemed a waiver of any right or
remedy that COUNTY may have, and shall not be deemed a waiver of the right to
6 require strict performance of all the terms, covenants, and conditions of the License
thereafter, nor a waiver of any remedy for the subsequent breach or default of any
8 term, covenant, or condition of the License. Any waiver, in order to be effective, must
be signed by the parry whose right or remedy is being waived.
10
11. CONDITION OF SITE UPON TERMINATION (PMLG12 S)
12
Except as otherwise agreed to herein, upon termination of this License, LICENSEE
14 shall redeliver possession of said Site to COUNTY in substantially the same condition
that existed immediately prior to LICENSEE's entry thereon, reasonable wear and tear,
16 flood, earthquakes, war, and any act of war excepted.
18 12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S)
20 If LICENSEE abandons the Site or is dispossessed thereof by process of law or
otherwise, title to any personal property belonging to LICENSEE and left on the Site
22 10 days after such event shall be deemed, at COUNTY's option, to have been
transferred to COUNTY. COUNTY shall have the right to remove and to dispose of
24 such property without liability therefor to LICENSEE or to any person claiming under
LICENSEE, and shall have no need to account therefor.
26
13. TIME OF ESSENCE (PMLG14 S)
28
Time is of the essence of this License. Failure to comply with any time requirements of
30 this License shall constitute a material breach of this License.
32 14. NO ASSIGNMENT (PMLG15 S)
34 The License granted hereby is personal to LICENSEE and any assignment of said
license by LICENSEE, voluntarily or by operation of law, shall automatically terminate
36 the License granted hereby.
IicNBspG
4124/98 : 2:03 PM
Page 3 of 3
h
PM 1239- 7 -10 -2 signal Peak
Ciry of Newport Beach
1�
9
0
LOCATION MAP /
Signal Peak COUNTY OR ORANGE
Unincorporated mom:
File No.: PM 1239- 7 -10 -2 O.C.S.D. /COMMUNICATIONS
OCSD /COMMUNICATIONS EXHIBIT A
i
14
0
II W •
/
Is
vim,^
� '
��`s
- �••,
�
��� {
Is •
..`.i4` \141WIM glli 'f \_.iO� . ,mot .�\
_ •.. i 1.
•
�'
'i
��
� � ���`��`y� as�' � fir}
.�'
-
i
r
{
R
OR
N:
s
e F:..
,
CRYSTAL
vc
I/ J.
COVE:o'r.
•,
STATE
... -�'
.
Location Map'
LOCATION MAP /
Signal Peak COUNTY OR ORANGE
Unincorporated mom:
File No.: PM 1239- 7 -10 -2 O.C.S.D. /COMMUNICATIONS
OCSD /COMMUNICATIONS EXHIBIT A
i
14
0
u
�J
•
• •
COUNTY OF ORANGE - SIGNAL PEAK SITE
DESCRIPTION OF LICENSEE'S EQUIPMENT
Transmitter
Receiver
FCC Call Sign
KA6EEK
SAME
Model Number
VXR -5000
SAME
Serial Number
4NI10082
SAME
RF Frequency (MHz)
145.160 MHz
SAME
Tone Frequency (Hz)
100.0 Hz
SAME
Burst or Continuous Tone
CONT.
Power Output (Watts)
10140w
ERP (Watts)
18/78w
Type of Cavity
BpBr
SAME
Model No. of Cavity
WACOM 639
SAME
Type of Antenna
CELWAVE
SAME
Model of Antenna
PD- 220 -142
SAME
Gain of Antenna (dBd)
5.8
SAME
Direction of Radiation ( °T)
3600
SAME
Diameter or Length of Antenna (ft.)
22'
SAME
Type and Model of Feed Line
ANDREWS LDF5 -50A
SAME
Rack Space Required (Vertical In.)
36"
SAME
Owner of Equipment:
EQUIPECH.DOC
CITY OF NEWPORT BEACH
EXHIBIT B
Page 1 of I
ti
16
• •
FEE SCHEDULE
One Rack Space (2' x 2' floor space x 71h' high) $1,200 /year
(Mounting space for two UHF /VHF Antennas
is included in the charge for a rack space)
Partial Rack Space (2' x 2" floor space) $ 160 per vertical foot/year
Space for Battery Chargers, Batteries, Cavities, etc. $ 300 per square foot/year
(If this equipment occupies space that would normally
be used as radio floor space, the charge will then be
for rack space)
Microwave Antenna Surcharge /per antenna $ 300 /year
UHF /VHF Antenna Surcharge $ 150 /year
(This will be charged if more than two antennas
are installed per rack space)
ti
i
FEFSCHDL EXHIBIT C
J�
0
LJ