HomeMy WebLinkAboutC-3408 - Communications Agreement (for Signal Peak License)Project No: PM 1239 -5 -3 -2
2 Project Name: Metro Cities Fire Authority
Project Location: Sierra Peak
4
LICENSE
6 (Communications Agreement)
8 This License Agreement ( "License ") is made �92�- �o�r� / / J, by and between
the COUNTY OF ORANGE, hereinafter referred to as "COUN'T'Y", and the METRO CITIES FIRE
10 AUTHORITY, a joint powers authority, 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 "Sheriff' means the Sheriff of the County of Orange, or designee, or upon written notice to
LICENSEE, such person or entity as shall be designated by the Board of Supervisors.
20
"Communications Manager" means the Manager of Communications, Sheriff - Coroner, County of
22 Orange, or designee, or upon written notice to LICENSEE, such person or entity as shall be
designated by the Sheriff - Coroner.
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) r
30 The effective date ( "Effective Date") of this License shall be retroactive from November 30, 1995
and shall continue in effect until ten (10) years thereafter or until terminated as provided in Clause 3
32 (TER.MINATION) of this License, whichever first occurs. In no event shall the term of this License
surpass the length of term specified in any current or future special use permit or Tease agreement for
34 the COUNTY's Sierra Peak communications facility ( "Facility") between COUNTY and the United
States Forest Service ( "USFS ").
36
3. TERMINATION (PML3.2S)
38
This License shall be revocable by either COUNTY or LICENSEE at any time upon forty -five (45)
40 days prior written notice from one party to the other.
42 In the event either party terminates this License, LICENSEE shall promptly remove LICENSEE's
Communication Equipment from the License Area and shall promptly take possession of and
44 remove said Communication Equipment from the Facility. LICENSEE agrees to leave License Area
in good condition and repair, normal wear and tear excepted.
46
4. TERMINATION OF PRIOR AGREEMENTS (PML12.1 S)
IcSRanahK
0725/00: 8:14 AM
PM 1239 -5 -3.2 Sierra Peak
Metro Cities Fire Authority
2 It is mutually agreed that this License shall terminate and supersede any prior agreements between
the parties hereto covering all or any portion of the License Area. Notwithstanding the foregoing,
4 this provision shall not release Licensee from any obligations under any prior agreements to be
performed through the Effective Date of this Agreement or from any obligations of indemnification
6 based upon events occurring prior to the Effective Date of this Agreement.
8 5. LICENSE AREA (PML4.1N)
10 COUNTY grants to LICENSEE the right to use that certain property hereinafter referred to as
"License Area," shown on "Exhibit A ", Plot Plan, attached hereto and made a part hereof.
12
6. LICENSE SUBORDINATE TO SIERRA PEAK SPECIAL USE PERMIT WITH U.S.
14 FOREST SERVICE (N)
16 This License shall at all times be subordinate and subject to the provisions and requirements of that
certain Sierra Peak Special Use Permit dated May 19, 1992, between USFS and COUNTY relative
18 to the development, operation, and maintenance of the Facility, or any subsequent agreement
between said parties.
20
In the event USFS shall declare default under said Special Use Permit for action or inaction on the
22 part of LICENSEE, COUNTY shall have the right to cure any such default and invoice LICENSEE
for COUNTY's cost of said cure. LICENSEE shall reimburse COUNTY for such cost(s) within
24 thirty (30) days after receipt of said invoice.
26 Nothing contained in this License or in any document related hereto shall be construed to imply the
conveyance to LICENSEE of rights in the License Area, which exceed those owned by COUNTY.
28
7. USE (PML 5.1N)
30
LICENSEE shall have the right to install, remove, operate, maintain and repair its communications
32 equipment ( "Communication Equipment") as described in "Exhibit B ", Description of Licensee's
Equipment, attached hereto and made a part hereof.
34
Throughout the term of this License and at all times, COUNTY shall have the right, at COUNTY's
36 sole discretion, to determine the specific location of LICENSEE's Communication Equipment
within the License Area. In the event COUNTY determines that LICENSEE's Communication
38 Equipment must be relocated within the License Area, LICENSEE shall relocate said
Communication Equipment at LICENSEE's sole cost.
40
LICENSEE shall use the License Area in such a manner so as not to interfere with the COUNTY's
42 use of or equipment at the Facility or with the use by or equipment of COUNTY's other licensees at
said Facility.
44
LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any
46 other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to
ICSRaaahK 2 PM 1239.53.2 Sierra Peak
07/2,5/00'8'14 AM Metro Cities Fire Authority
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
WI,
be conducted any public or private nuisance in, on, or from the License Area, nor to commit or
permit to be committed waste on the License Area, and to comply with all governmental laws and
regulations in connection with its use thereof.
8. USE FEE (PML6.1N)
LICENSEE agrees to pay COUNTY from and after the Effective Date of this License the sum of Six
Hundred Dollars ($600) per year as an annual use fee ( "Use Fee") for the use of the License Area.
Use Fee shall be payable annually in advance within thirty (30) days after receipt of invoice
provided by COUNTY. LICENSEE shall be provided with said invoice within sixty (60) days prior
to the anniversary of the Effective Date of this License. LICENSEE shall pay the Use Fee while this
License is in effect, without deduction or offset, in lawful money of the United States.
In the event the obligation to pay the Use Fee terminates on a day other than the anniversary.of the
Effective Date of the License, the Use Fee shall be prorated to reflect the actual period of use on the
basis of a 360 -day year.
The Use Fee is in accordance with the fee schedule ("Fee Schedule's set forth in "Exhibit C', Fee
Schedule, attached hereto and made a part hereof. The Board of Supervisors may from time to time
revise and/or amend all or part of the Fee Schedule, including adding charges for use of COUNTY's
microwave network. If the Board of Supervisors revises or amends the Fee Schedule, LICENSEE's
Use Fee amount shall be automatically adjusted per the new Fee Schedule as of the date of approval
of the new Fee Schedule by the Board of Supervisors. Upon approval of the new Fee Schedule,
COUNTY will provide LICENSEE with a notice of adjustment to LICENSEE's Use Fee according
to the Board of Supervisors approved new Fee Schedule, and a copy of the Board item referencing
approval of said new Fee Schedule.
LICENSEE shall be invoiced for any increased'Use Fee amount prorated from the date of Board of
Supervisors approval of the new Fee Schedule. LICENSEE shall be credited for any decrease in the
Use Fee amount prorated from the date of said approval and said credit shall be applied on the
invoice Licensee receives within sixty (60) days prior to the following anniversary of the
commencement date of this License.
9. PROCESSING FEE (PML6.3S)
Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a processing fee of
$1,000 for issuance of the License. Said processing fee is deemed earned by COUNTY and is not
refundable. COUNTY shall provide LICENSEE with an invoice for said processing fee and
LICENSEE shall promptly pay the total processing fee amount within thirty (30) days after receipt
of invoice.
10. PAYMENT PROCEDURE (PML7.1S)
All payments pursuant to this License shall be delivered to the County of Orange, Sheriff/Financial,
320 North Flower Street, Suite 108, Santa Ana, California, 92703, Attention: Accounting. COUNTY
16RmahK
0725100: 8:14 AM
PM 1239 -5 -3 -2 Sierra Peak
Metro Cities Fire Authority
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
may change the designated place of payment at any time upon ten (10) days written notice to
LICENSEE. All payments may be made by check payable to the County of Orange. LICENSEE
assumes risk of loss if payments are made by mail.
No payment by LICENSEE or receipt by COUNTY of an amount less than the payment due shall 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 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 License, or by law.
11. CHARGE FOR LATE PAYMENT (PML7.2S)
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 extremely
difficult to ascertain. Such costs include but are not limited to costs such as administrative
processing of delinquent notices, increased accounting costs, etc.
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, 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 payment
remains unpaid.
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.
Acceptance of such late charge (and/or any portion of the overdue payment) by COUNTY shall in
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.
12. SERVICES CHARGES (I)
Due to safety, health, or other reasons, COUNTY may find it necessary to perform labor on
LICENSEE -owned stationary Communications Equipment within the License Area. In such
instances, COUNTY shall charge LICENSEE for such labor on an hourly basis according to rates
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 cost of all parts.
13. UTILITIES (PML9.IS)
COUNTY shall be responsible for and pay all charges for utilities used by LICENSEE in the
operation of LICENSEE's Communication Equipment within the License Area.
14. MAXIMUM PERMISSIBLE EXPOSURE TO RADIOFREQUENCY
LICENSEE warrants that the radiofrequency emissions exposure of LICENSEE's Communication
Equipment installed and operated at the Facility per the terms of this License shall at all times be
ICSRmahK
07/25100 : 8: 14 AM
4
PM 1239 -5 -3 -2 Siena Peak
Metro Cities Fire Authority
N
equal to or less than the Federal Communication Commission's Guidelines for Human Exposure to
2 Radiofrequency Emissions ("Guidelines').
4 LICENSEE agrees to indemnify, defend,. and save harmless COUNTY, its officers, agents, and
employees from and against any and all claims, demands, losses, or liabilities of any kind or nature,
6 which COUNTY, its officers, agents, and employees may sustain or incur or which may be imposed
upon them for injury to or death of persons, or damage to property as a result of, or arising out of
8 radiofrequency emissions exposure in connection with LICENSEE's ownership, use, operation,
maintenance, repair, change, alteration, adjustment, relocation of, or addition to LICENSEE's
10 Communications Equipment.
12 In the event COUNTY determines that the aggregate radiofrequency emissions emitting from the
Facility are above the acceptable levels per the Guidelines, then the COUNTY shall have the right to
14 require LICENSEE to modify or remove LICENSEE's Communications Equipment at LICENSEE's
sole cost within sixty (60) days following a written request from COUNTY.
16
15. ACCESS (N)
18
Access to the License Area shall not be permitted at any time without proper escort by
20 Communications Manager. LICENSEE shall pay COUNTY an escort fee ("Escort Fee ") at the
Board of Supervisor's approved hourly rate for time spent by COUNTY in providing said escort.
22 COUNTY shall provide LICENSEE with an invoice for Escort Fee and LICENSEE shall pay
COUNTY within thirty (30) days after receipt of said invoice.
24
LICENSEE shall provide COUNTY with 24 -hour verbal or written notice prior to date and time
26 LICENSEE desires to access License Area. Voice -mail or other form of voice - recorded message
shall not be considered prior notice.
28
16. ANTENNA TOWER REPAIR AND MAINTENANCE (l)
30
All Licensee - requested work on COUNTY's antenna tower, including but not limited to repair,
32 maintenance, alteration, adjustment, installation, removal, or relocation of LICENSEE's radio
antennas or other tower - mounted equipment ( "Tower Work") shall be performed at LICENSEE's
34 sole cost by the service company ( "Contractor ") under contract to COUNTY.
36 No Tower Work shall be performed without twenty-four (24) hour prior written or verbal notice to
COUNTY. Voice-mail or other form of recorded message shall not be considered prior notice.
38 Additionally, COUNTY shall provide an escort at all times during and at every instance of
LICENSEE - required Tower Work. LICENSEE agrees to reimburse COUNTY at the Board of
40 Supervisors approved hourly rate for COUNTY's cost of said escort. LICENSEE shall be invoiced
for said escort charges and agrees to reimburse COUNTY in full within thirty (30) days after receipt
42 of said invoice.
44 Upon completion of Tower Work performed by Contractor, LICENSEE shall be invoiced directly by
Contractor and shall directly pay Contractor for all work performed on tower at the request of
46 LICENSEE. Failure to pay Contractor shall constitute default of LICENSEE under this License.
WSRanahK PM 1239 -5 -3 -2 Sierra Peak
0725/00: 8:14 AM Metro Cities Fire Authority
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
48
COUNTY shall not be liable for payment of charges incurred by LICENSEE regarding work
completed by Contractor of the request of LICENSEE.
17. OPERATION AND MAINTENANCE (l)
A. Overati on — The operation of LICENSEE's equipment shall be in accordance with all
applicable rules and regulations of the Federal Communications Commission and any deviation
therefrom shall-be cause for COUNTY to demand that LICENSEE cease the deviation
immediately.
Should the operation of LICENSEE's communications equipment, in the opinion of
Communications Manager, interfere with the operation of COUNTY's communications
equipment or any other equipment installed at Facility, upon verbal notice by COUNTY
LICENSEE shall immediately eliminate said interference in a manner acceptable to
Communications Manager.
In the event LICENSEE does not eliminate said interference, Communications Manager retains
the right, at Communications Manager option, to remove or modify LICENSEE's
Communications Equipment and LICENSEE shall, upon written demand by Communications
Manager, pay the cost thereof incurred by COUNTY within thirty (30) days after receipt of said
written demand.
B. Maintenance — COUNTY shall repair and maintain LICENSEE's Communications
Equipment per the terms of that certain Communications Agreement, dated October 25, 1988,
between COUNTY and LICENSEE, or any subsequent agreement between said parties. In the
event LICENSEE requires Tower Work, Clause 16 (ANTENNA TOWER REPAIR AND
MAINTENANCE) shall apply in whole.
18. INSURANCE (PML10.1S)
LICENSEE shall maintain self-insurance, commercial insurance, or a blend of both, 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 fast day of the term of this License. Each insurance policy required
by this License shall contain the following three clauses:
A. "This insurance shall not be cancelled, limited in scope of coverage or non - renewable until after
no less than thirty (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 - 1021."
IcSRanahK
07/25100: 8:14 AM
0
PM 1239 -5.3.2 Sierra Peak
Metro Cities Fire Authority
B. "County of Orange and United States Forest Service are added as an insured as respects
2 operations of the named insured at or from the License Area occupied and used by the named
insured pursuant to that certain License issued by the County of Orange."
4
C. "It is agreed that any insurance maintained by the County of Orange and/or the United States
6 Forest Service will apply in excess of, and not contribute with, insurance provided by this policy."
8 LICENSEE agrees to deposit with Communications Manager, before the Effective Date of this
License, certificates of insurance and endorsements necessary to satisfy the Communications
10 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
12 during the entire term of this License.
14 LICENSEE may elect to self-insure for this License provided such self - insurance meets or exceeds
all provisions of this Clause (INSURANCE) throughout the term of this License and is in a form
16 acceptable to the Communications Manager.
18 THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME LICENSEE'S
INSURANCE COVERAGE IS TERMINATED. IF, WITHIN 10 DAYS AFTER TERMINATION
20 UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES EVIDENCE OF THE
REQUIRED INSURANCE COVERAGE ACCEPTABLE TO COMMUNICATIONS MANAGER,
22 THIS LICENSE MAY BE REINSTATED AT THE SOLE DISCRETION OF
COMMUNICATIONS MANAGER. IF REINSTATED, LICENSEE SHALL PROMPTLY PAY
24 $500 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY.
26 LICENSEE agrees that LICENSEE shall not operate on the License Area if, at any time, the required
insurance is not in full force and effect as evidenced by a certificate of official binder or a certificate
28 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
30 evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of
LICENSEE's insurance, COUNTY may take whatever steps are necessary to interrupt any operation
32 from or on the License Area until such time.as the Communications Manager reinstates the License.
34 LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such
interruption of business including but not limited to damages restilting from any loss of income or.
36 business resulting from COUNTY's action.
38 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
40 provisions in this License do not provide adequate protection for COUNTY and for members of the
public using the License Area, Communications Manager may require LICENSEE to obtain
42 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.
44
The procuring of such required policy or policies of insurance shall not be construed to limit
46 LICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions and
requirements.
48
19. AUTHORITY (1)
50
Each person executing this License on behalf of LICENSEE does hereby covenant and warrant that
52 (a) LICENSEE is a joint powers authority and validly exists under the laws of the State of
IcSR=ahK 7 PM 1239 -5 -3 -2 Sierra Peak
07/25100: 8:14 AM Metro Cities Fire Authority
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
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.
20. NOTICES (PML 14.15)
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
Sheriff- Coroner
Communications Division
840 N. Eckhoff St., Suite 104
Orange, CA 92868 -1021
Telephone: (714) 704 -7900
Fax: (714) 704-7902
Attn: Communications Manager
21. ATTACHMENTS TO LICENSE (PML15.1S)
LICENSEE
Metro Cities Fire Authority
Metro Net Communications
201 S. Anaheim Blvd., Suite 302
Anaheim, CA 92805
Telephone: (714) 765=4077
Attn: Communications Manager
This License includes the following, which are attached hereto and made a part hereof:
I. GENERAL CONDITIONS '
II. EXHIBITS
Exhibit A — Plot Plan
Exhibit B — Description of Licensee's Equipment
Exhibit C — Fee Schedule (General)
//
IcSRanahK
07/25/00: 8 :14 AM
PM 1239 -5 -3 -2 Sierra Peak
Metro Cities Fire Authority
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
IN WITNESS WHEREOF, the parties have executed this License as of the day and year first written
above.
COUNTY
APPROVED AS TO FORM:
RECOMMENDED FOR APPROVAL:
Sheriff - Coroner
Real Estate
By: �
SIGNED CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD OF
SUPER SORS . J
°' o
v
�'z
ne loomoRa`P
Clerk of the Board of Supervisors of
Orange County, California
COUNTY OF ORANGE
By: ✓/
Chairman, Board of Supervisors
WSRanahK
07/25/00: 8:14 AM
0
LICENSEE
METkO CITIES FIRE AUTHORITY,
a joint powers authority
By:
Title:fl //Im.riY
Date: VZ ,�Oo
PM 1239 -5 -3 -2 Sierra Peak
Metro Cities Fire Authority
I. .GENERAL CONDITIONS (PMLGI -15S)
2
I. PERMITS AND LICENSES (PMLG1 S)
4
LICENSEE shall be required to obtain any and all permits and/or licenses, which may
6 be required in connection with the operation of the License Area as, set out herein. No
permit, approval, or consent given hereunder by COUNTY, in its governmental
8 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
10 approval as to compliance or 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.,
16 upon License Area except as approved by Communications Manager. Unapproved
signs, 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
22 into separate clauses and paragraphs, and the organization hereof, are for the purpose
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
28 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.
30
5. UNLAWFUL USE (PMLG5 S)
32
LICENSEE agrees no improvements shall be erected, placed upon, operated, nor
34 maintained on the License Area, 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,
36 statute, bylaw, or ordinance of a governmental agency having jurisdiction.
38 6. INSPECTION (PMLG6 S)
40 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
42 with.
44
IcSRanahGC Page 1 of 3 PM 1239 -5 -3 -2 Sierra Peak
6/22/99 : 9:15 AM
2 7. INDEMNIFICATION (PMLG7 S)
4 LICENSEE hereby waives all claims and recourse against COUNTY including.the right
of contribution for loss or damage to persons or property arising from, growing out of,
6 or in any way connected with or related to this License except claims arising from the
concurrent active or sole negligence of COUNTY, its officers, agents, and employees.
8 LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its
officers, agents, and employees against any and all claims, loss, demands, damages,
10 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
12 License, except for liability arising out of the concurrent active or sole negligence of
COUNTY, its officers, agents, or employees, including the cost of defense of any
14 lawsuit arising therefrom.
16 In the event COUNTY is named as a defendant with LICENSEE in a legal action as
described in the preceding sentence, LICENSEE shall notify COUNTY of such fact and
18 shall represent COUNTY in such legal action unless COUNTY undertakes to represent
itself as a defendant in such legal action, in which event LICENSEE shall pay to
20 COUNTY its reasonable litigation costs, expenses, and attorney's fees. In the event
judgment is entered against COUNTY and LICENSEE because of the concurrent active
22 negligence of COUNTY and LICENSEE or their respective officers, agents, or
employees, an apportionment of liability to pay such judgment shall be made by a court
24 of competent jurisdiction. Neither party shall request a jury apportionment.
26 8. TAXES AND ASSESSMENTS (PMLG8 S)
28 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
30 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,
32 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
34 be paid promptly.
36 9. PARTIAL INVALIDITY (PMLG9 S)
38 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
40 provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
42
44
1cSRanahGC Page 2 of 3 PM 1239 -5 -3 -2 Sierra Peak
6/22/99 : 9:15 AM
• •r
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 party whose right or remedy is being waived.
10
11. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG12 S)
12
Except as otherwise agreed to herein, upon termination of this License, LICENSEE
14 shall redeliver possession of said License Area to COUNTY in substantially the same
condition that existed immediately prior to LICENSEE's entry thereon, reasonable
16 wear and tear, flood, earthquakes, war, and any act of war excepted.
18 12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S)
20 If LICENSEE abandons the License Area or is dispossessed thereof by process of law
or otherwise, title to any personal property belonging to LICENSEE and left on the
22 License Area 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
24 of 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.
38 11
40 /1
ICSRuo hGC Page 3 of 3 PM 1239 -5 -3 -2 Sierra Peak
6122199: 9:15 AM
CLEVELAND NATIONAL FOREST
R
a
Skyline Drive
b
a
T
U
l NO SCALE /
\ \� /
\
Forest
Tower
Building
License
Area
Site Plan
Location Map
PLOT PLAN
City of Anaheim " Pa ° R'➢ W0 s
Sierra Peak COUNTY OF ORANGE
`b°a °t O
File No.: GA 1239 -5 -3 -2 .C.S.D. /COMMUNICATIONS
SHERIFF /COMMUNICATIONS EXHIBIT A ate: u/en998
C . JNTY OF ORANGE — SIERRA Pf!�'
DESCRIPTION OF LICENSEE'S EQUIPMENT
Transmitter Receiver
FCC Call Sign
WNFH922
SAME
Model Number
C55WNB0107B
SAME
Serial Number
488CNN1002
609CNN0002
RF Frequency (MHz)
855.4652
810.4652
Tone Frequency (Hz)
NIA
N/A
Burst or Continuous Tone
N/A
NIA
Power Output (Watts)
45
N/A
ERP (Watts)
171
N/A
Type of Cavity
DUPLEXER PASS-
REJECT
SAME
Model No. of Cavity
DECIBEL -D3142
SERIAL # DE4345
TDN6914A
Type of Antenna
PANEL
DIRECTIONAL
SAME
Model of Antenna
. P1510085
SAME
Gain of Antenna (dBd)
lODb
SAME
Direction of Radiation ( °T)
265°
SAME
Diameter or Length of Antenna (ft.)
1' x 2'
SAME
Type and Model of Feed Line
7/8" ANDREW LDF
SAME
Rack Space Required (Vertical In.)
7'
SAME
Owner of Equipment: Metro- Cities Fire Authority in Anaheim City Hall West
1:
EQSRANAH: PM 1239 -5 -3 -2 Page I of 1
FEE SCHEDULE (GENERAL)
One Rack Space (2' x 2' floor space x 7W 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 footlyear
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)
FEESCHDU EXHIBIT C
0
Project No: PM 1239 -7 -6
2 Project Name: Metro Cities Fire Authority
Project Location: Signal Peak
4
LICENSE
6 (Communications Agreement)
8 This License Agreement ("License ") is made 1�ct.k. 2001, by and between
the COUNTY OF ORANGE, hereinafter referred t as "COUNTY ", and the METRO CITIES
10 FIRE AUTHORITY, a joint powers authority, 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 "Sheriff" means the Sheriff of the County of Orange, or designee, or upon written notice to
LICENSEE, such person or entity as shall be designated by the Board of Supervisors. .
20
"Communications Manager" means the Manager of Communications, Sheriff - Coroner, County of
22 Orange, or designee, or upon written notice to LICENSEE, such person or entity as shall be
designated by the Sheriff - Coroner.
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 The effective date ( "Effective Date ") of this License shall be the date first written above and shall
continue in effect until ten (10) years thereafter or until terminated as provided in Clause 3
32 (TERMINATION) of this License, whichever first occurs. In no event shall the term of this
License surpass the length of term specified in any current or future lease or ground lease
34 agreement for the COUNTY's Signal Peak communications facility ( "Facility") between
COUNTY and The Irvine Company ( "TIC").
36
3. TERMINATION (PML3.2S)
38
This License shall be revocable by either COUNTY or LICENSEE at any time upon forty -five
40 (45) days prior written notice from one parry to the other.
42 In the event either parry terminates this License, LICENSEE shall promptly remove LICENSEE's
Communication Equipment from the License Area and shall promptly take possession of and
44 remove said Communication Equipment from the Facility. LICENSEE agrees to leave License
Area in good condition and repair, normal wear and tear excepted.
46
IcSPanahK 1 PM 1239 -76 Signal Peak
05/74/01 : 9:29 AM Metro Cities Fire Authority
0
E
2 4. TERMINATION OF PRIOR AGREEMENTS (PML12.1 S)
4 It is mutually agreed that this License shall terminate and supersede any prior agreements between
the parties hereto covering all or any portion of the License Area. Notwithstanding the foregoing,
6 this provision shall not release Licensee from any obligations under any prior agreements to be
performed through the Effective Date of this License or from any obligations of indemnification
8 based upon events occurring prior to the Effective Date of this License.
10 S. LICENSE AREA (PML4.1N)
12 COUNTY grants to LICENSEE the right to use that certain property hereinafter referred to as
"License Area," shown on "Exhibit A ", Location Map, attached hereto and made a part hereof.
14
6. LICENSE SUBORDINATE TO SIGNAL PEAK GROUND LEASE WITH TIC (l)
16
This License shall at all times be subordinate and subject to the provisions and requirements of that
18 certain Signal Peak Ground Lease dated December 17, 1986, between TIC and COUNTY relative
to the development, operation, and maintenance of the Facility, or any subsequent agreement
20 between said parties.
22 In the event TIC shall declare default under said Lease agreement for action or inaction on the part
of LICENSEE, COUNTY shall have the right to cure any such default and invoice LICENSEE for
24 COUNTY's cost of said cure. LICENSEE shall reimburse COUNTY for such cost(s) within thirty
(30) days after receipt of said invoice.
26
Nothing contained in this License or in any document related hereto shall be construed to imply
28 the conveyance to LICENSEE of rights in 1he'License Area, which exceed those owned by
COUNTY.
30
7. USE (PML 5.1N)
32
LICENSEE shall have the right to install, remove, operate, maintain and repair its
34 communications equipment ( "Communication Equipment ") as described in "Exhibit B ",
Description of Licensee's Equipment, attached hereto and made a part hereof.
36
Throughout the term of this License and at all times, COUNTY shall have the right, at
38 COUNTY's sole discretion, to determine the specific location of LICENSEE's Communication
Equipment within the License Area. In the event COUNTY determines that LICENSEE's
40 Communication Equipment must be relocated within the License Area, LICENSEE shall relocate
said Communication Equipment at LICENSEE's sole cost.
42
LICENSEE shall use the License Area in such a manner so as not to interfere with the
44 COUNTY's use of or equipment at the Facility or with the use by or equipment of COUNTY's
other licensees at said Facility.
IcSPanahK 2 PM 1239 -7-6 Signal Peak
W21101 : 2:56 PM Metro Cities Fire Authority -
0
0
2 LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit
any other activity within or from the License Area. LICENSEE further agrees not to conduct or
4 permit to be conducted any public or private nuisance in, on, or from the License Area, nor to
commit or permit to be committed waste on the License Area, and to comply with all
6 governmental laws and regulations in connection with its use thereof.
8 8. USE FEE (PML6.1N)
10 LICENSEE agrees to pay COUNTY from and after the Effective Date of this License the sum of
Three Thousand Five Hundred Sixty. Dollars ($3,560) per year as an annual use fee ( "Use Fee ")
12 for the use of the License Area. Use Fee shall be payable annually in advance within thirty (30)
days after receipt of invoice provided by COUNTY. LICENSEE shall be provided with said
14 invoice within sixty (60) days prior to the anniversary of the Effective Date of this License.
LICENSEE shall pay the Use Fee while this License is in effect, without deduction or offset, in
16 lawful money of the United States.
18 In the event the obligation to pay the Use Fee terminates on a day other than the anniversary of the
Effective Date of the License, the Use Fee shall be prorated to reflect the actual period of use on
20 the basis of a 360 -day year.
22 The Use Fee is in accordance with the fee schedule ( "Fee Schedule ") set forth in "Exhibit C ", Fee
Schedule, attached hereto and made a part hereof. The Board of Supervisors may from time to
24 time revise and/or amend all or part of the Fee Schedule, including adding charges for use of
COUNTY's microwave network. If the Board of Supervisors revises or amends the Fee Schedule,
26 LICENSEE's Use Fee amount shall be automatically adjusted per the new Fee Schedule as of the
date of approval of the new Fee Schedule by the Board of Supervisors. Upon approval of the new
28 Fee Schedule, COUNTY will provide LICENSEE with a notice of adjustment to LICENSEE's
Use Fee according to the Board of Supervisors approved new Fee Schedule, and a copy of the
30 Board item referencing approval of said new Fee Schedule.
32 LICENSEE shall be invoiced for any increased Use Fee amount prorated from the date of Board
of Supervisors approval of the new Fee Schedule. Said increase shall be due and payable by
34 LICENSEE upon receipt of invoice. LICENSEE shall be credited for any decrease in the Use Fee
amount prorated from the date of said approval and said credit shall be applied on the invoice
36 Licensee receives within sixty (60) days prior to the following anniversary of the Effective Date of
this License.
38
9. PROCESSING FEE (PML6.3S)
40
Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a processing fee
42 of $1,000 for issuance of the License. Said processing fee is deemed earned by COUNTY and is
not refundable. COUNTY shall provide LICENSEE with an invoice for said processing fee and
44 LICENSEE shall promptly pay the total processing fee amount within thirty (30) days after receipt
of invoice.
IeVanahl(
05121/01 : 2:56 PM
PM 1239.7-6 Sipal Peak
Metro Cities Fire Authority
J'
may change the designated place of payment at any time upon ten (10) days written noti6e to
2 LICENSEE. All payments may be made by check payable to the County of Orange. LICENSEE
assumes risk of loss if payments are made by mail.
4
No payment by LICENSEE or receipt by COUNTY of an amount less than the payment due shall be
6 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 and
8 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 License, or by law.
10
11. CHARGE FOR LATE PAYMENT (PML7.2S)
12
LICENSEE hereby acknowledges that the late payment of sums due hereunder will cause COUNTY
14 to incur costs not contemplated by this License, the exact amount of which will be extremely
difficult to ascertain. Such costs include but are not limited to costs such as administrative
16 processing of delinquent notices, increased accounting costs, etc.
18 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, and the
20 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 payment
22 remains unpaid.
24 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.
26 Acceptance of such late charge (and/or any portion of the overdue payment) by COUNTY shall in
no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or
28 prevent COUNTY from exercising any other ri ghts and remedies granted hereunder.
30 12. SERVICES CHARGES (1)
32 Due to safety, health, or other reasons, COUNTY may find it necessary to perform labor on
LICENSEE owned stationary Communications Equipment within the License Area. In such
34 instances, COUNTY shall charge LICENSEE for such labor on an hourly basis according to rates
approved by the Board of Supervisors, including administrative costs, and shall charge LICENSEE
36 for the cost of all parts required plus ten percent (10 %) of said cost of all parts.
38 13. UTILITIES (PML9.1S)
40 COUNTY shall be responsible for and pay all charges for utilities used by LICENSEE in the
operation of LICENSEE's Communication Equipment within the License Area.
42
14. MAXIMUM PERMISSIBLE EXPOSURE TO RADIOFREQUENCY EMISSIONS (1)
44
LICENSEE warrants that the radiofrequency emissions exposure of LICENSEE's Communication
46 Equipment installed and operated at the Facility per the terms of this License shall at all times be
IcSPanahK 4 PM 1239 -7-6 Signal Peak
03/08/01 '. 12:53 PM Metro Cities Fire Authority
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
0 0
equal to or less than the Federal Communication Commission's Guidelines for Human Exposure to
Radiofrequency Emissions ( "Guidelines ").
LICENSEE agrees to indemnify, defend, and save harmless COUNTY, its officers, agents, and
employees from and against any and all claims, demands, losses, or liabilities of any kind or nature,
which COUNTY, its officers, agents, and employees may sustain or incur or which may be imposed
upon them for injury to or death of persons, or damage to property as a result of, or arising out of
radiofrequency emissions exposure in connection with LICENSEE's ownership, use, operation,
maintenance, repair, change, alteration, adjustment, relocation of, or addition to LICENSEE's
Communications Equipment.
In the event COUNTY determines that. the aggregate radiofrequency emissions emitting from the
Facility are above the acceptable levels per the Guidelines, then the COUNTY shall have the right to
require LICENSEE to modify or remove LICENSEE's Communications Equipment at LICENSEE's
sole cost within sixty (60) days following a written request from COUNTY.
15. ACCESS (N)
Access to the License Area shall not be permitted at any time without proper escort by
Communications Manager. LICENSEE shall pay COUNTY an escort fee ("Escort Fee ") at the
Board of Supervisor's approved hourly rate for time spent by COUNTY in providing said escort.
COUNTY shall provide LICENSEE with an invoice for Escort Fee and LICENSEE shall pay
COUNTY within thirty (30) days after receipt of said invoice.
LICENSEE shall provide COUNTY with 24 -hour verbal or written notice prior to date and time
LICENSEE desires to access License Area. Voice-mail or other form of voice - recorded message
shall not be considered prior notice.
16. ANTENNA TOWER REPAIR AND MAINTENANCE (N)
All Licensee- requested work on COUNTY's antenna tower, including but not limited to repair,
maintenance, alteration, adjustment, installation, removal, or relocation of LICENSEE's radio
antennas or other tower - mounted equipment ("Tower Work") shall be performed at LICENSEE's
sole cost by the service company ( "Contractor') under contract to COUNTY.
No Tower Work shall be performed without twenty-four (24) hour prior written or verbal notice to
COUNTY. Voice-mail or other form of recorded message shall not be considered prior notice.
Additionally, COUNTY shall provide an escort at all times during and at every instance of
LICENSEE - required Tower Work. LICENSEE agrees to reimburse COUNTY at the Board of
Supervisors approved hourly rate for COUNTY's cost of said escort. LICENSEE shall be invoiced
for said escort charges and agrees to reimburse COUNTY in full within thirty (30) days after receipt
of said invoice.
Upon completion of Tower Work performed by Contractor, LICENSEE shall be invoiced directly by
Contractor and shall directly pay Contractor for all work performed on tower at the request of
LICENSEE. Failure to pay Contractor shall constitute default of LICENSEE under this License.
lcSPanahK 5 PM 1239 -7-6 Signal Peak
03/08/01 : 12 :53 PM Metro Cities Fire Authority
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
48
0
COUNTY shall not be liable for payment of charges incurred by LICENSEE regarding work
completed by Contractor at the request of LICENSEE.
17. OPERATION AND MAINTENANCE (1)
A. Operation — The operation of LICENSEE's equipment shall be in accordance with all
applicable rules and regulations of the Federal Communications Commission and any deviation
therefrom shall be cause for COUNTY to demand that LICENSEE cease the deviation
immediately.
Should the operation of LICENSEE's communications equipment, in the opinion of
Communications Manager, interfere with the operation of COUNTY's communications
equipment or any other equipment installed at Facility, upon verbal notice by COUNTY,
LICENSEE shall immediately eliminate said interference in a manner acceptable to
Communications Manager.
In the event LICENSEE does not eliminate said interference, Communications Manager retains
the right, at Communications Manager option, to remove or modify LICENSEE's
Communications Equipment and LICENSEE shall, upon written demand by Communications
Manager, pay the cost thereof incurred by COUNTY within thirty (30) days after receipt of said
written demand.
B. Maintenance — COUNTY shall repair and maintain LICENSEE's Communications
Equipment per the terms of that certain Communications Agreement, dated October 25, 1988,
between COUNTY and LICENSEE, or any subsequent agreement between said parties. In the
event LICENSEE requires Tower Work, Clause 16 (ANTENNA TOWER REPAIR AND
MAINTENANCE) shall apply in whole.
18. INSURANCE (PML101S)
LICENSEE shall maintain self - insurance, commercial insurance, or a blend of both, acceptable to
COUNTY 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 Minimum Limits
Comprehensive General Liability, to $1,000,000 combined single limit
include broad form property damage.
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:
A. "This insurance shall not be cancelled, limited in scope of coverage or non - renewable until after
no less than thirty (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 - 1021."
IcSPanahK
03/08/01 : 12:53 PM
0
PM 1239 -7-6 Signal Pcak
Mean Cities Fire Authority
2
0
0
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
M
bill
bm
0 0
B. "County of Orange and The Irvine Company are added as an insured as respects operations of the
named insured at or from the License Area occupied and used by the named insured pursuant to that
certain License issued by the County of Orange."
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 and endorsements 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 Clause (INSURANCE) 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 PROMPTLY PAY
$500 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY.
LICENSEE agrees that LICENSEE shall not operate on the License Area if, 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, COUNTY may take whatever steps are necessary to interrupt any operation
from or on the License Area 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 License Area, 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.
19. AUTHORITY (1)
Each person executing this License on behalf of LICENSEE does hereby covenant and warrant that
(a) LICENSEE is a fire authority and validly exists under the laws of the State of California; (b)
ICSPanahK
03/08/01 : 12:53 PM
PM 1239 -7-6 Signal Peak
Metro Cities Fire Authority
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
E
11
LICENSEE has full right and authority to enter into this License; and (c) each person sighing this
License on behalf of LICENSEE is duly authorized to do so.
20. 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
Sheriff - Coroner
Communications Division
840 N. Eckhoff St., Suite 104
Orange, CA 92868 -1021
Telephone: (714) 704 -7900
Fax: (714) 704-7902
Attn: Communications Manager
21. ATTACHMENTS TO LICENSE (PML15.1S)
LICENSEE
Metro Cities Fire Authority
Metro Net Communications
201 S. Anaheim Blvd., Suite 302
Anaheim, CA 92805
Telephone: (714) 765 -4077
Attn: Communications Manager
This License includes the following, which are attached hereto and made a part hereof:
I. GENERAL CONDITIONS
II. EXIIIBITS
Exhibit A — Plot Plan
Exhibit B — Description of Licensee's Equipment
Exhibit C — Fee Schedule (General)
H
H
IcSP=ahK
03 /08/01 : 12:53 PM
PM 1239.7.6 Sipal Peak
Metro Cities Fire Authority
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
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
RECOMMENDED FOR APPROVAL:
Sheriff - Coroner
Real Estate
Real Property
LICENSEE
METRO CITIES FIRE AUTHORITY,
a joint powers authority
Ile"
Date: S /o o
I !
APPROVED AS TO FORM:
JACK L WHITE. CITY ATTORNEY
BY 4444111-.)
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD- OV'
SUPE VISORS
8
Darlene J. loom
Clerk of the Board of Supervisors of
Orange County, California
COUNTY OF ORANGE
By.
Chairman, Board of Supervisors
lcSPanahK
03/08/01 : 12:53 PM
E
PM 1239 -76 Signal Peak
Metro Cities Fire Authority
2
4
6
8
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
40
42
44
46
0 0
I. GENERAL CONDITIONS (PMLG1 -15S)
1. PERMITS AND LICENSES (PMLGI S)
LICENSEE shall be required to obtain any and all permits and/or licenses, which may be
required in connection with the operation of the License Area 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 parry 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 License Area 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 properl} executed by both parties.
5. UNLAWFUL USE (PMLG5 S)
LICENSEE agrees no improvements shall be erected, placed upon, operated, nor
maintained on the License Area, 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.
lospanahGC
38101: 11:09 AM
Page I of 3
PM 1239 -7-6 Signal Peak
Metro Cities Fire Authority
7. INDEMNIFICATION (PMLG7 S)
2
LICENSEE hereby waives all claims and recourse against COUNTY including the right
4 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
6 concurrent active or sole negligence of COUNTY, its officers, agents, and employees.
LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its
8 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
10 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,
12 its officers, agents, or employees, including the cost of defense of any lawsuit arising
therefrom.
14
In the event COUNTY is named as a defendant with LICENSEE in a legal action as
16 described in the preceding sentence, LICENSEE shall notify COUNTY of such fact and
shall represent COUNTY in such legal action unless COUNTY undertakes to represent
18 itself as a defendant in such legal action, in which event LICENSEE shall pay to
COUNTY its reasonable litigation costs, expenses, and attorney's fees. In the event
20 judgment is entered against COUNTY and LICENSEE because of the concurrent active
negligence of COUNTY and LICENSEE or their respective officers, agents, or
22 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.
24
8. TAXES AND ASSESSMENTS (PMLG8 S)
26
Although not anticipated, should this License create a possessory interest which is subject
28 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
30 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
32 LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly.
34 9. PARTIAL INVALIDITY (PMLG9 S)
36 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
38 provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
40
42
44
10. WAIVER OF RIGHTS (PMLG10 S)
46
lcSPanahGC Page 2 of 3 PM 1239 -7-6 Signal Peak
318101 :11:09 AM Metro Cities Fire Authority
9
10
12
14
16
18
20
22
24
26
28
30
32
34
36
38
! 0
.1
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
parry whose right or remedy is being waived.
11. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG12 S)
Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall
redeliver possession of said License Area 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 License Area or is dispossessed thereof by process of law or
otherwise, title to any personal property belonging to LICENSEE and left on the License
Area 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.
//
//
lcSPanahGC Page 3 of 3 PM 1239 -7 -6 Signal Peak
3/8/01 : 11:09 AM Metro Cities Fire Authority
SIGNAL PEAK
u Awu , Nca
1WQIO� (� RIla ua
0
lAT000E 33_36_70
ELEVARON•1130'
LONGITUDE W— a -36
SCM LIAM EAST OF NEWORT REACH ORANGE CM
NEAREST AIRPORT J" MINE APT (SNA)
3.61 a10.ES 0 320,
107 TONER
no. eau¢
r
elm
aaer rvlar
ornm louaen
rrw .xa
Awa�a rewra �
awn v
rua i. _ KPR°" aua
rre 1�wra
Iwo
Location Map
WAS EROS.
900N 1991
E 920 0-1
t
6
eI/19{pa
caAaw/TAtutt/aENmES / slwa / swAaoa6aG
Location Map
PM 1239 -7 -6 new: Ray Weems
Signal Peak Remote Facility cb��: COUNTY OF ORANGE
O.C.S. D. /COMMUNICATIONS
Metro Cities Fire Authority
SHERIFF /COMMUNICATIONS EXHIBIT A 7/62001
0
COUNTY OF ORANGE — SIGNAL PEAK
DESCRIPTION OF EQUIPMENT
Transmitter Receiver
FCC Call Sign
WNFH922
Model Number
T5365A
Serial Number
680CAX0067
RF Frequency (MHz)
855.46250
810.46250
Tone Frequency (Hz)
CSQ
CSQ
Burst or Continuous Tone
NIA
N/A
Power Output (Watts)
31.5
ERP (Watts)
103.2
Type of Cavity
Duplexer
Model No. of Cavity
CLF1070
Type of Antenna
Omni
Omni
Model of Antenna
Sinclair 4200100
(same as TX)
Gain of Antenna (dBd)
7.5
Direction of Radiation ( °T)
NIA
Diameter or Length of Antenna (ft.)
12 est.
Type and Model of Feed Line
%" in LDF Foam
Rack. Space Required (Vertical In.)
30
Owner of Equipment: METRO CITIES FIRE AUTHORITY
EXHIBIT B
EQSPIPA
ADJUSTED FEE SCHEDULE
One Rack Space (2' x 2' floor space x 71 /z' high)
(Mounting space for one UHF/VHF Antenna
is included in the charge for a rack space)
One -Half Rack Space (2' x 2' floor space x 3 V high)
Space for Battery Chargers, Batteries, Cavities, etc.
(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
Circuit Charge for use of County Microwave
UHF /VHF Antenna Surcharge
(This will be charged if more than one antenna
is installed per rack space)
FEESCHDR3 Ej XEI[Brr C
0
$3,200 /year
$1,760 /year
$ 750 per square foot/year
$ 1,500 /year
$ 600 /year /circuit
$ 300 /year