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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