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Home My WebLink About1977-12-20; City Council; 5279; EXECUTING THREE PARTY AGREEMENT FOR LOCATING CITY ANTENNASb * # CITY OF CARLSBAD Initiall: AG€NDA BILL NO. 52 79 Dept. Hd.(e DATE : December 20, 1977 C. Atty. ! DE PA RTM E N T : C. Mgr. Pub1 i c Works Subject: EXECUTIPlG THREE PARTY AGREEP,lENT FOR LOCATING CITY ANTENNAS Statement of the Matter Radio Station KKOS has erectejd a 200’ antenna and support building by agreement on property owned by CblWD at Squires Dam. Both parties have executed a three part agreement which offers to the City joint-use of the facility at no cost. antennas for Police and Public hlorks are located at Ellery Reservoir and Fire is located on a temporary 20 foot mast at Squires Dam. to the KKOS tower will improve reception to the La Costa area. City Relocation of all City antenr EXHIBITS : A. Director of Utilities 8, Maintenance memo to Public CJorks Administrator of December 9, 1977. B. Three Party Agreement. RECOMMENDATION : If Council approves, adopt Resolution No. 5279 authorizing the Playor to execute the agreement. Council action l2-20-77 Resolution #5278 was adopted, authorizing the Mayor to exe the Agreement. m * SWIRSKY 8 SAU€R ATTORNEYS AT LAW MAILING ADDF PAUL 5 SWIRSKY WILLIAM N SAUER 2955 ROOSEVELT, SUITE H POST OFFICE E( THOMAS L SAUER CARLSB4D, CALIFORNIA 92008 -ELEPHONE 1714) 729-1197 May 10, 1977 City of Carlsbad City Hall 1200 Elm Avenue Carlsbad, California 92008 Gent 1 emen : The undersigned represents Radio Station KKOS. Enclosed please find the original and four copies af an the City of Carlsbad. Please execute this agreement and return the original and three copies to the undersigned at your earliest convenience. agreement regarding a radio transmission tower for KKQS and Very truly yours, /? -, W. N. SAUER, JR. Encl s. December 9, 15,) W a MEMORANDUM TO: Pub1 i c CJorks Admi ni strator FROM : Director of Utilities & Maintenance SUBJECT: Joint Use Agreement; KKOS Transmission Tower Radio Station KKOS and CMWD have executed an agreement, which includes the City as a third party, for the use of the KKOS transmission tower on CMWD property at Squires Dam. The tower and small support building were erected in April or May of this year. building permits, were not initiated by the applicant prior to the installation. I did initiate the requisite applications as it was considered that the City could not become a party to the agreement until all requisite actions had been accomplished. The Planning Commission held a public hearing on the CUP (CUP 144) on November 9, 1977 and adopted Resolution 1422 on December 14, 1977 concerning the matter. Addi ti onal ly , I have received bui 1 ding permits (77-10151 and 77-10152) for the building and electrical install ati on. Inspection under these permits wi 11 be conducted prior to installation of City equipment. City authorizations, specifically a CUP and appropriate Relocation of the Fire Department antenna to a temporary antenna at Squires Dam was completed last year. Reception to the La Costa area was significantly improved. of the transmission tower for installation of City antennas will provide better coverage of the La Costa area for police and public works. Equipment Maintenance budget line item 1-131-2470 for this purpose. I will prepare an agenda bill for execution of the three-party agreement. The offer of KKOS for joint use Funds in the amount of $2500 were included in the Communication ctor of Utili ties & Maintenance RWG: pag 1 2 3: e RESOLUTION tJ0. 5278 m A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA ACCEPTING AN OFFER TO LOCATE CITY ANTEIiNAS ON A TRANSVISSION TOWER OF RADIO STATION KKOS AUD AUTHORIZIUG THE tlAYOR TO EXECUTE THE AGREEMENT. I 5! 6 7 81 91 i I ! transmitters are located at Ellery Reservoir in the northwest section i of the City and the Fire Department transmitter is at a temporary I location at Squires Dam and; I UHEREAS, City antennas for Police and Pub1 ic \.larks Departments WHEREAS , a permanent 1 ocation on high ground near the geographic 11, I I2 I 13 14 15 16 17 I*! for operating units in all sections of the City and; DHEREAS, Radio Station KKOS has offered the City joint use of the transmitter tower located on property owned by the Carlsbad Municipal Water District at Squires Dam and; WHEREAS, Radio Station KKOS and the Carlsbad tlunicipal Plater Dist have both executed a three-party agreement memorializing their offer and; WHEREAS, it is in the public interest to provide improved radio 21 22 23 24 25 26 27 City of Carlsbad as follows: 1. The above recitations are true and correct. 2. I I ~ I The offer of Radio Station KKOS and the Carlsbad Municipal Water District is hereby accepted. The Mayor of the City of Carlsbad is hereby authorized to execute the aforementioned agreement. 3. I I ~ xx I I 28/ xx 2 City Council of the City of Carlsbad, California, held on the I 5l Councilwoman Casler I NOES : None g lo I ATTEST: yfl,ydY[&@Ld, I* 1311 .I4 15 16 17 18 l9 20 21 22 23 24 25 tl< , (SEAL) I 1 I 1 I I I1 27 28 I ~ - 2- 1 I I I I 1 * 2- - -_>., -- 4 e 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, hereinafi for convenience referred to as "DISTRICT" ; CITY OF CARLSBAD, ht 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 cons as more specifically identified ing of approximately 52 acres, the Grant Deed recorded on August 17, 1961 as File/Page No, 141468, Official Records, San Diego County, California and corr ly known as SQUIRE DAM SITE and hereinafter referred to as the "PROPERTY". 2. The DISTRICT now uses the PROPERTY for a water stor &servoir for the DISTRICT and appurtenances thereto. 3. The PROPERTY is adequate in size to allow the inst2 tion of antennas, and appurtenances thereto, by CITY and KKOS. 4. CITY and KKOS are desirous of installing antennas E appurtenances thereto on the PROPERTY. 5. The DISTRICT is willing to allow CITY and KKOS to stall antennas and appurtenances thereto under certain terms conditions. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. KKOS agrees to do the following: 0. 0 ..' 0 ,' a. Construct a buildinq, at expense of KKOS, Of Sufficient size for the radio trans- DISTRICT. mitter equipment of KKOS, CITY and Install any antennas, at expense of KKOS, for the use of KKOS, CITY and DISTRICT. b, b. 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 sane site on the PROPERTY. d. Be responsible for maintenance of the building to comply with all City, County, FAA and FCC regulations. e. Be responsible for its own equipment. f. Provide fire, theft and extended cover- age insurance for the building and faci- lities installed for joint use of the parties. g. Waive all claims against DISTRICT and CITY for any damages to property and equipment of XKOS, 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 KXOS will hold 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. DISTRICT and CITY exempt and harmless * ht- 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 thc: PROPERTY by the DISTRICT. The determination of interference with the US(: Of the PRO- mined solely by t!?e DISTRICT. In the event the DISTRIC'r shall. make a deter- mination in the future that the exist- ing location of t-he said facilities interferes with the use of the PROPERTY PERTY by the DISTRICT shall be deter- -2- e 0 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 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. for use of KKOS, CITY and DISTRICT. The ~ b 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. DI STRI CT CARLSBAD MUNICIPAL WATER DISTRIC ,. By : -=*&&&///.ZzH l/.$e DONALD A. MAC LEOD President Date of Execution: 3c/4/7 7 // -3- I ,e .- , 0 I .. CITY CITY OF CARLSBAD By : .Ci thof Carl sbad Name : Title: Mayor "Robert C. Frazee Date of Execution: December 20, I97 KKOS TRI-CITIES BROADCASTING, INC. A CalifornCg Corporatioy' BY: [\4 ,,, // gA$ K- &?/ - Ld / - /IL;'-J F REY CHANDLER -/ / -17 L-.--- president c Date of Execution: 1 -'z> // -4-