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HomeMy WebLinkAboutTri-Cities Broadcasting / KKOS; 1977-05-03;r # - . -1 ‘. - LICENSE AGREEMENT This agreement made between CARLSBAD MUNICIPAL WATER DIS- TRICT, a municipal water district organized and existing under the Municipal Water District Act of 1911, as amended, hereinafter for convenience referred to as "DISTRICT"; CITY OF CARLSBAD, here- inafter for convenience referred to as "CITY"; and TRI-CITIES BROADCASTING, INC., a California corporation, hereinafter for convenience referred to as "KKOS". Recitals 1. The DISTRICT is the owner of the real property consist- ing of approximately 52 acres, as more specifically identified in the Grant Deed recorded on August 17, 1961 as File/Page No. 141468, Official Records, San Diego County, California and common- ly known as SQUIRE DAM SITE and hereinafter referred to as the "PROPERTY". 2. The DISTRICT now uses the PROPERTY for a water storage reservoir for the DISTRICT and appurtenances thereto. 3. The PROPERTY is adequate in size to allow the installa- tion of antennas, and appurtenances thereto, by CITY and KKOS. 4. CITY and KKOS are desirous of installing antennas and appurtenances thereto on the PROPERTY. 5. The DISTRICT is willing to allow CITY and KKOS to in- stall antennas and appurtenances thereto under certain terms and conditions. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. KKOS agrees to do the following: a. b. b. d. e. f. g- h. Construct a building, at expense of KKOS, of sufficient size for the radio trans- mitter equipment of KKOS, CITY and DISTRICT. Install any antennas, at expense of KKOS, for the use of KKOS, CITY and DISTRICT. Be responsible for installing any equip- ment, at expense of KKOS, to eliminate any interference that might be caused by the location of the radio transmitting equipment of all parties at the same site on the PROPERTY. Be responsible for maintenance of the building to comply with all City, County, FAA and FCC regulations. Be responsible for its own equipment. Provide fire, theft and extended cover- age insurance for the building and faci- lities installed for joint use of the parties. Waive all claims against DISTRICT and CITY for any damages to property and equipment of KKOS, in, upon or about the PROPERTY and for injuries to any employees of KKOS or their agents in or about the PROPERTY from any cause arising at any time, and KKOS will hold DISTRICT and CITY exempt and harmless from any damage or injury to any person, to property or equipment of KKOS, aris- ing from the use of the PROPERTY by KKOS, or from the failure, of KKOS to keep the building in good condition and repair, as herein provided. Remove the building and all of the equipment and appurtenances thereto to another site on the PROPERTY or the con- tiguous property owned by DISTRICT, in the event the DISTRICT determines any time in the future that the existing location of the said facilities inter- feres with the use of the PROPERTY by the DISTRICT. The determination of interference with the use of the PRO- PERTY by the DISTRICT shall be deter- mined solely by the DISTRICT. In the event the DISTRICT shall make a deter- mination in the future that the exist- ing location of the said facilities interferes with the use of the PROPERTY -2- . by the DISTRICT, the DISTRICT shall give KKOS written notice of the necessity of removal of the said facilities six (6) months prior to the effective date of the removal. 2. CITY agrees to do the following: a. Be responsible for its own equipment. b. Waive all claims against DISTRICT for any damages to the property and equipment of CITY, in, upon or about, the PROPERTY and for injuries to any employees of CITY or their agents in or about the PROPERTY from any cause arising at any time and CITY will hold DISTRICT exempt and harm- less from any damage or injury to any person, to property or equipment of CITY, arising from the use of the PROPERTY by CITY. 3. DISTRICT agrees to do the following: a. Allow the construction of a building and installation of antennas on the PROPERTY for use of KKOS, CITY and DISTRICT. The construction of the building and loca- tion of the said facilities shall be per- formed only after the DISTRICT has approved the location and the plans and specifications for the building and faci- lities. b. Allow reasonable ingress and egress for KKOS and CITY to the PROPERTY. C. Be responsible for its own equipment. The parties have executed this agreement as of the date affixed after the signature of the party. DISTRICT CARLSBAD MUNICIPAL WATER DISTRICT President Date of Execution: -3- L. . . , -:, - ‘. 1 . . * $9 CITY CITY OF CARLSBAD By: - arlsbad Name: ?ik&, "Robert C. Frazee Title: Mayor Date of Execution: December 20, 1977 KKOS TRI-CITIES BROADCASTING. INC. i / \.- Date of Execution: -4- Daca&er 29, 1977 . CuYlsoaJ t4unlc~~~il wlster !?lstrlct, !wx El Camfnc- Reiel, Carlshad, 42%. 920158. Enclnse4, Car ww ?fles, is CI. copy af the kqrc?enrant dafd %r.misa~ 20, t9f? hat~earr the Carlshad Munfripal blat& District, ),ke Ctty bf Car?shad, and Trt-Cities Prsadcastfng, Inc. to locatf~ antenws 433 be uaesd by the C1t.y and Radfo Station UOS un property owned hv the @wIshad MunMpaI Mater Olstrict at Squf'ras.Dam. * , ., ME RAUTEH~Z, Deputy City Clerk, - WRITE IT-DON’T SAk IT INTER-DEPARTMENT MEMORANDUM A.M. TO File DATE 4-14-83 19 P. M. Re: Amendment to License Agreement between Costa Real Municipal District, City of Carlsbad, Tri-Cities Broadcasting and Leucadia County Water District The :attached agreement, executed by all parties concerned was brought to this office this date by Mayor Casler. To our knowledge, this agreement has not yet been approved by council. EC. REPLY ON THIS SHEET FROM WlLMER -stmvlCC UJO! *T*.HD*RD ,NTER DEPT. MEMO FORM I,--24-m . . . , . AMENDMENT TO LICENSE AGREEMENT This amendment to LICENSE AGREEMENT is made between COSTA REAL MUNICIPAL WATER DISTRICT, formerly known as CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter for con- venience referred to as "DISTRICT", and CITY OF CARLSBAD, hereinafter for convenience referred to'as "CITY", and TRI-CITIES BROADCASTING, INC., a California corporation, hereinafter for convenience referred to as "KKOS", and LEUCADIA COUNTY WATER DISTRICT, a County Water District, hereinafter for convenience referred to as "LEUCADIA", and LEUCADIA COUNTY WATER DISTRICT, a County Water District, as Adminis- trator of the ENCINA WATER POLLUTION CONTROL FACILITIES (ENCINA), herein- after for convenience referred to as "LEUCADIA-ADMINISTRATOR". -l- . t Recitals: 1. DISTRICT is the owner of the real property consisting of approximately fifty-two (52) acres, as more specifically identified in the Grant Deed recorded on August 17, 1961 as File/Page No. 141468, Official Records, San Diego County, California, and commonly known as SQUIRE DAM SITE, and hereinafter referred to as the "PROPERTY". 2. DISTRICT now uses the PROPERTY for a water storage reser- voir for the DISTRICT and appurtenances thereto. 3. The PROPERTY is adequate in size to allow the installa- tion of antennas and appurtenances thereto by CITY, KKOS, LEUCADIA and ENCINA. 4. DISTRICT, CITY and KKOS have previously entered into an agreement to allow CITY and KKOS to install and maintain antennas and appurtenances thereto on the PROPERTY, a copy of said agreement at- tached hereto as Exhibit "A" and incorporated herein by reference. 5. As part of ENCINA'S enlargement and upgrading, LEUCADIA and ENCINA would like to install an antenna and appurtenances on the PROPERTY as part of a mobile communication system that will serve the purposes of LEUCADIA and ENCINA, said antenna and appurtenances here- inafter for convenience referred to as "facilities". 6. DISTRICT is willing to allow LEUCADIA and ENCINA to in- -‘-J - . stall its facilities on the PROPERTY under certain terms and condi- tions, with the consent of CITY and KKOS. NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: . '1. The present agreement between DISTRICT, CITY and KKOS, attached hereto as Exhibit "A", is amended by this agreement. 2. LEUCADIA-ADMINISTRATOR agrees to do the following: a. Install at the expense of LEUCADIA- ADMINISTRATOR any facilities for the use of LEUCADIA and ENCINA on the PROPERTY. b. Be responsible for installing any equipment, at expense of LEUCADIA- ADMINISTRATOR, to eliminate any in- terference that might be caused by the location of the facilities of LEUCADIA and ENCINA on the PROPERTY to the existing uses of the PROPERTY for radio transmitting services by DISTRICT, CITY and KKOS. C. Be responsible for its own facilities. d. Be responsible for complying with all regulations of governmental authori- ties in reference to the installation and maintenance of its facilities on the PROPERTY. e. Waive all claims against DISTRICT for any damages to the PROPERTY and faci- lities of LEUCADIA and ENCINA in, upon or about the PROPERTY and for injuries to any employees of LEUCADIA and ENCINA or their agents in or about -3- . , . the PROPERTY from any cause arising at any time, and LEUCADIA and LEUCADIA- ADMINISTRATOR will hold DISTRICT ex- empt and harmless for any damage or injury'to any person, to property or facilities of LEUCADIA and ENCINA arising from the use of the property by LEUCADIA and ENCINA. f. Remove its facilities thereto to another site on the PROPERTY or the contiguous property owned by DIS- TRICT, in the event the DISTRICT determines any time in the future that the existing location of the said facilities interferes with the use of the PROPERTY by the DIS- TRICT. The determination of inter- ference with the use of the PROPER- TY by the DISTRICT shall be deter- mined solely by the DISTRICT. In the event the DISTRICT shall make a determination in the future that the existing location of the said facilities interferes with the use of the PROPERTY by the DISTRICT, the DISTRICT shall give LEUCADIA-ADMINIS- TRATOR written notice of the neces- sity of removal of the said facili- ties six (6) months prior to the ef- fective date of the removal. 3. DISTRICT agrees to do the following: a. Allow the construction and installa- tion of the facilities on the PRO- PERTY for the use of LEUCADIA and ENCINA. The construction and instal- lation of said facilities shall be performed only after the DISTRICT has approved the location and the plans and specifications for the facilities. b. Allow reasonable ingress and egress for LEUCADIA and ENCINA to the PRO- PERTY. -4- . . . 4. CITY and KKOS are executing this amendment to the Agree- ment (Exhibit "A") for the purpose of indicating that they have no ob- jection to the construction and installation of the facilities of LEUCADIA and ENCINA on the PROPERTY under the terms and conditions hereinbefore set forth. The parties have executed this agreement as of the date af- fixed after the signature of each party. DISTRICT CITY COSTA REAL MUNICIPAL WATER DISTRICT CITY OF CARLSBAD By BY /” N. M. ALMACK MARY H. CASLER President / " Mayor Date of Execution: -5- . . ,- . . KKOS ' LEUCADIA TRI-CITY BROADCASTING, INC., A California.Corporation - . , LEUCADIA COUNTY WATER DISTRICT Date of Execution* .‘+7+?? By o&&& &&&&&/ JOAN R. GEISELHART Secretary LEUCADIA-ADMINISTRATOR Date of Execution: gZ-1qyg3 ' LEUCADIA COUNTY WATER DISTRICT Presiderit Secretary Administrator of the ENCINA WATER POLLUTION CONTROL FACILITIES Date of Execution: a-art-03 - 6- . . - . ‘. 1 LICENSE AGREEMENT . . This agreement made between CARLSBAD MUNICIPAL. WATER D1.S:. : TRICT, a municipal water district organiz.ed and existing undei ' the Municipal Water District Act of 1911 .' as'amended, hereinafter for convenience referred to as "DISTRICT"'; CITY OF CARLSBAD; h.ere- inafter for convenience referred to as."CITY"; and TRI-CITIES . BROADCASTING, INC., a California corporation, hereinafter for convenience referred to as "KKOS". . Recitals 1. The DISTRICT is the owner of the,real property.consist- r ing of approximately 52 acres, as more specifically iden,tified .in the Grant Deed recorded on August 17, 1961 as File;/Page -No'. 141468, Official Records, San Diego County, California and common- ly known as SQUIRE DAM SITFand hereinafter referred .to as the "PROPERTY". , . 2. The DlSTRICT now. uses the PROPERTY for a water storage reservoir for the DISTRICT and appurtenances tllcreto. 3. The PROPERTY is adequate in siie to allow the installa- tion of antennas, and appurtenances thereto, by CITY‘,and'KKOS. 4. CITY and KKOS are desirous of installing antennas and appurtenances thereto on the PROPERTY. 5. The D1:STlIICT is willing to allow CITY and KKOS to in- stall antennas and ;lDr'~.lrtenarlces thereto under cci-.tain terms and conditions. 1 I NOW THEREFORE 1T 1s AGREED AS FOLLOWS: I 1. XKOS agrees to do the following: * . EXHIBIT "A" l . . . 4 . . a. b. b. d. e. f. 9- h. Construct a building, at expense of KKOS, of sufficient size for the radio trans- mitter equipment of KKOS, CITY and DISTRICT. Install any antennas, at expense of KKOS, for the use of KKOS, CITY and DISTRICT. Be responsible for installing any equip- ment, at expense of KKOS, to eliminate any interference that might be caused by the location of the radio transmitting equipment of all parties at the same site on the PROPERTY. Be responsible for maintenance of the building to comply with all City, County, FAA and FCC regulations. Be responsible for its own equipment. Provide fire, theft and extended cover- age insurance for the building and faci- lities installed for joint use of the parties. Waive all claims against DISTRICT and CITY for any damages to property and equipment of KKOS, in, upon or about the PROPERTY and for injuries to any employees of KKOS or their agents in or about the PROPERTY from any cause arising at any time, and KKOS will hold DISTRICT and CITY exempt and harmless from any damage or injury to any person, to property or equipment of KKOS, aris- ing from the use of the PROPERTY by KKOS, or from the failure of KKOS to keep the building in good condition and repair, as herein provided. Remove the building and all of the equipment and appurtenances thereto to another site on the PROPERTY or the con- tiguous property owned by DISTRICT, in the event the DISTRICT determines any time in the future that the existing location of the said facilities inter- feres with the use of the PROPERTY by the DISTRICT. The determination of interference with the use of the PRO- PERTY by the DISTRICT shall be deter- mined solely by the DISTRICT. In the event the DISTRICT shall make a deter- mination in the future that the exist- ing location of the said facilities interferes with the use of the PROPERTY I - 2- . . by the DISTRICT, the DISTRICT shall give KKOS written notice of the necessity of removal of the said facilities six months prior to the effective date of remo,val. (6) the 2. CITY agrees to do the following: a. Be responsible for its own equipment. b. Waive all claims against DISTRICT for damages to the property and equipment CITY, in, upon or about, the PROPERTY for injuries to any employees of CITY their agents in or about the PROPERTY any of and or from any cause arising at any time and CITY will hold DISTRICT exempt 'and harm- less from any damage or injury to any person, to property or equipment of CITY, arising from the use of the PROPERTY by ' CITY. 3. DISTRICT agrees to do the following: a. Allow the construction of a building and installation of antennas on the PROPERTY for use of KKOS, CITY and DISTRICT. The construction'of the building and loca- tion of the said facilities shall be per- formed only after the DISTRICT has approved the location and the plans and specifications for the building and faci- lities. b. Allow reasonable ingress and egress for KKOS and CITY to the PROPERTY. C. Be responsible for its own equipment. The parties have executed this agreement as of the date affixed after the signature of the party. DISTRICT CARLSBAD MUNICIPAL WATER DISTRICT President Date of Execution: - 3- CITY CITY OF CARLSBAD By: City of Carlsbad Title: Mayor Date of Execution: December 20, 1977 KKOS TRI-CITIES BROADCASTING, INC. A cal;~‘cy~geg By : /(.- .f/ .-“I 1’ - &~F~REVCHANDLER- i’ i / #P resident \ /; 1 Date of Execution: ,Xs -4-