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HomeMy WebLinkAboutTri-Cities Broadcasting Inc; 1977-12-20;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. 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: 53$/7 ? < -3- . ‘1 . CITY CITY OF CARLSBAD By: City-of Carlsbad Name: ,&p,, Robert C. Frazee Title: Mawr Date of Execution: December 20, 1977 KKOS TRI-CITIES BROADCASTING, INC. / ‘. L ii P resident Date of Execution: .k -4- i i a i i- + i __ u8cab8r 29, 1977 ‘( ,’ Trf4ift~ss Broadrrtting, P.U. &3x 949, .c8rlsb44#, Ca. !N?m, Eroclwed, For your tllas, $3 a copy 0P tlr6t Aftrmtaent dated Dixemtw 20, 1977 between the Cartsb~U YunScipd.1 Hater OfstrIct, tltc City OF t.i~rlskxd, and Tri-Cftias Broadcasttng, Znc, to focatr; antennas to be usf?~ by the City and Racllo 3tation WE bit pmperty mmed by tt~ t'mlkbad %mictpal ,',, Water D?sttict at SquJr8s th%fR. s t i, i, LEE RAUTW, 'a.. \ Oeputy crty Clerk. : \ ; J? PLL Enc. i ‘i,