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HomeMy WebLinkAbout1992-11-03; City Council; 11944; AGREEMENT BETWEEN TIMES MIRROR CABLE TELEVISION |TMCT| & THE CITY OF CARLSBAD TO USE CERTAIN CITY PUBLIC RIGHTS-OF-WAYa 9 0 Ele a 2 2 I- o G a d z 3 0 o - AGEPA B'LL Cu OF CARLSBAD I TITLE; AGREEMENT BETWEEN TIMES MIRROR CABLE DEPT. \ CITY k approving the attached agreement between Times RI Adopt Resolution No. s"-. .- Television (TMCT) and the City of Carlsbad, authorizing the Mayor to sign the agreement c the City. ITEM EXPLANATION: The Times Mirror Cable Television (TMCT), known as Dimension Cable Services is permission to "pass through" a south eastern portion of Carlsbad. Dimension Cable serves areas of Encinitas, Solana Beach, and surrounding unincorporated San Diego Count microwave from San Marcos. This agreement permits Dimension to use fiber optic transm in place of the existing microwave system. The agreement allows the use of certain pub1 west on Olivenhain out of the City of Carlsbad. The agreement further specifies that TMCT all necessary pole clearances from the utility companies, as well as permits from the City. agrees to underground its cable, at its own expense, when other utilities are undergroun relocate its cable if other utilities need to be relocated, such as a realignment of the put way. TMCT agrees to file the required insurance certificates indemnifying the City as required. In consideration of the use of public rights-of-way in the City of Carlsbad, TMCT will pay tc Carlsbad an annual pass through fee of $800.00 per mile for 3.89 miles of City right-of-w( in this agreement with an inflationary clause for future years. The agreement is for five ye2 five-year extensions totaling twenty-five years overall. FISCAL IMPACT: Revenue to the City of Carlsbad of $3,112.00 annually for the first five years of the agreerr inflationary increase to be added for each five-year extension thereafter. EXHIBITS: 1. Resolution No. : .+ I 2. Agreement between Times Mirror Cable Television of San Diego County and the City 3. Map of fiber optic cable route. ~ TELEVISION (TMCT) & THE CITY OF CARLSBAD TO USE CERTAIN CITY PUBLIC RIGHTS-OF-WAY CITY p AB #' DEPT. RES RECOMMENDED ACTION: MTG. -. I' I- way in the City of Carlsbad identified as Rancho Santa Fe Road south of Melrose to Olive 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m @ RESOLUTION NO. 92-328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT AUTHORIZING TIMES MIRROR CABLE TELEVISION TO USE CERTAIN CITY PUBLIC RIGHTS-OF-WAY WHEREAS, the City Council reviewed the request of Times Mirror CableTelevision to use certain City rights-of-way in the southeastern portion of the City of Carlsbad; an1 WHEREAS, TMCT desires to "pass through" a portion of southeastern Carlsbac fiber optic cable to be placed on existing poles to service the coastal areas of Encin Solana Beach; and WHEREAS, TMCT agrees to underground the fiber cable when other utilities relocate its cable if other utilities are relocated; and WHEREAS, TMCT further agrees to compensate the City for the use of public I way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst: 1. The above recitations are true and correct. 2. That the City Council approves the agreement (Exhibit 2) authorizing the [ "pass through" requested by TMCT. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council c of Carlsbad, California on the 3rd day of NOVEMBER , 1992, by the follov to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard NOES: None ABSENT: None ATTEST; f7 ALETHA L. R*UTENK&ty cleq (SEAL) liL2d.L ,<, d/ - L- ' November 16, 1992 Mr. Thomas R. Tomkins Vice President and General Manager Times Mirror Cable Television of San Diego County, Inc. 2790 Business Park Drive Vista, CA 92083 RE: Agreement for Cable Service The Carlsbad City Council, at its meeting of November 3, 1992, Mirror Cable Television of San Diego County, Inc. authorizing the utilization of certain city rights-of-way in the southeastern portion of the City of Carlsbad. Enclosed is a copy of the agreement and a copy of Resolution No. 92-328 for your files. adopted Resolution No. 92-328, approving an Agreement with Times f yd*, Assistant Ci y Clerk CMC KRK: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 0 0 AGREEMENT THIS AGREEMENT, made and entered into this 16th day of NOVEP -1 1992, by and between the CITY OF CARLSBAD, California, a municipal corporatioi hereinafter referred to as "City," and Times Mirror Cable Television of San Diego Count Inc., dba Dimension Cable Services of San Diego, hereinafter referred to as "TMCT." WITNESSETH: WHEREAS, TMCT has cable television franchises to serve sever incorporated cities in San Diego County, California as well as unincorporated areas ( San Diego County, California; and WHEREAS, TMCT currently uses microwave transmission of its cat= television signals to transverse the City to provide service to the cities of Solana Beac and Encinitas and surrounding unincorporated San Diego County areas; and WHEREAS, PMCT desires to use certain public rights-of-ways belonging City to replace the microwave transmission paths with a fiber optic transmission line. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUALAh SEVERAL PROMISES COVENANTS AND CONDITIONS HEREIN CONTAINED, TI PARTIES DO HEREBY AGREE AS FOLLOWS: I. Purpose of Agreement. City grants TMCT permission to use certain its public rights-of-ways (as designated on the attached map) for the purpose connecting its facilities among cities and unincorporated areas in San Diego County. Tt routing of said facilities shall be in accordance with the map attached hereto. 2. Not a Cable Television Franchise. TMCT acknowledges that tt- Agreement does not constitute a cable television franchise to provide cable televisic service of any kind to any person, business, or other entity within the City. 3. Coordination with Utilitv Companies. TMCT agrees to obtain necessary pole clearances from the appropriate utility companies. In addition, TM( agrees to obtain any necessary permits from the City for any excavations in the pub rights-of-way, or any other work requiring City approval. 4. Undergrounding Policv. TMCT agrees, at TMCT's cost, to place all its facilities underground where all utility facilities are underground. TMCT further agrec at TMCT's cost, to relocate all of its facilities from overhead pole attachments 1 0 0 underground facilities when all utilities relocate from overhead to underground utilit and to move its facilities either overhead or underground if utilities need to be reloca 5. Worker’s Compensation and Public Liabilitv. TMCT represents th currently is a qualified self-insurer for its California workers’ compensation obligations l will continue to be so qualified through the entire term of this Agreement. TMCT SI at its own cost and expense, keep and maintain in full force from and after commencement of the term of this Agreement, a policy or policies of commercial gen liability insurance insuring the construction, operation, and maintenance of its facil, located in the City and TMCT’s activities with respect to operating and maintaining said facilities against bodily injury and property damage in a combined single limit of less than two million dollars ($2,000,000). TMCT shall maintain during the term of Agreement all risk property insurance, normally maintained for its cable televi: systems, including the right to self-insure certain portions of the risk. TMCT further agrees to cause to be issued and to be carried througt the entire term of this Agreement any other insurance, and to employ and use safeguards and measures which may be required by any public authority, and to cor with all lawful and applicable regulations and requirements of public authorities. proceeds of property insurance shall be applied toward payment of the obligation TMCT hereunder. 6. Insurance Certificates. TMCT shall file with the City, u commencement of the term of this Agreement, and thereafter within thirty (30) days F to the expiration of each such policy, a certificate of insurance issued by the insurz carrier selected by TMCT pursuant hereto. Said certificate shall expressly provide such policies shall not be cancelable, changed, amended or subject to reductio coverage, or otherwise modified except after thirty (30) days prior written notice tl parties named as insureds. The City of Carlsbad, TMCT, and their respective succes and assigns shall be named as insureds under each such policy of insurance mainta by TMCT pursuant to this Agreement. 7. Indemnification. TMCT shall and agrees to indemnify, defend and I harmless the City and City’s employees and agents from and against (a) any an liability, losses, damages, costs and expenses, demands, causes of action, clair judgments arising from or growing out of any injury or injuries to any person or per: or any damage or damages to any property as a result of any accident or other 01 rence during the term of the Agreement occasioned by any act, omission or negle TMCT, its directors, officers, employees, agents, servants, licensees, or contractor arising from or growing out of TMCT’s use, maintenance or operation of TMCT’s faci within the City during the term of this Agreement, and (b) all legal costs, expenses charges, including reasonable attorneys’ fees, incurred by or irnposed on TMC connection with such matters and the defense of any action arising out of the SI unless City incurs such expenses, costs and attorneys’ fees by reason of 2 0 0 * independent liability of City or its employees caused by some act or omission on the pa of the City or its employees. 8. Installation and Maintenance Requirements. TMCT shall, at all timc install and maintain its wires, cables, fixtures and other equipment in accordance with tt- requirements of the City’s building and zoning regulations, and in such a manner th4 they will not interfere with any installations of the City. TMCT shall keep and maintain a safe, suitable, substantial condition, and in good order and repair, all of its structure lines, equipment, and connections in, over, under, and upon the streets, sidewalks, alley and public ways or places of the City wherever situated or located. Additionally, TMC agrees to maintain and repair its cable and equipment in accordance with Ci regulations. 9. Pass Throuqh Fee. As consideration for the granting of permissic hereunder to TMCT to use the public rights-of-way within the City for the construction ar maintenance of TMCT’s fiber optic cable, TMCT agrees to pay to the City an annual fc equal to the sum of eight hundred dollars ($800.00) multiplied by the number of miles I the City’s public rights-of-way that are occupied by TMCT’s fiber optic cable. (The tot miles identified on attached map is 3.89.) The City reserves the right to review th agreement every year and increase the fee, based on the annual Cost of Living Index fc San Diego County, up to 5% annually not to exceed a twenty-five (25) percent increa: for each five year period. The term of this Agreement initially shall be for five (5) years. The term of this Agreemei shall automatically renew for four (4) successive five @)-year periods, for a total of twentl five (25) years, unless either party gives the other at least one hundred twenty (1 20) da) renewal term. written notice of its intent to terminate this Agreement at the end of the initial term or ar 10. Revocation. City may revoke its permission for the use of the pub1 rights-of-ways at any time if any of the material provisions of this Agreement are nl complied with by TMCT. When, in the opinion of the City, any of the provisions of th Agreement have been violated, the City Manager shall notify TMCT of the violation writing. TMCT shall have thirty (30) days in which to correct or take diligent steps 1 correct said violation. If, within thirty (30) days after said written notification, or such other longc time period as is necessary to correct such violation, the violation has riot been correctel this Agreement shall become null and void. TMCT shall, upon being given ten (1 0) day notice, remove from the streets or public places its property, other than any which tt- City Manager may permit to be abandoned in place. In the event of such removal, TMC shall promptly restore the street or other area from which such property has bee removed to a condition reasonably satisfactory to the City Manager. 3 0 a Any property of TMCT remaining in place thirty (30) days after termination of this Agreement shall be considered permanently abandoned. The Manager may extend such time as may be reasonably needed to remove such prop 11. Provision. Notices required hereunder shall be addressed to the place beic unless changed in writing. Upon permanent abandonment of the property of TMCT in place, property shall become that of the City and TMCT shall submit to the City Manage ownership of such property. instrument in writing, to be approved by the City Attorney, transferring to the Cit) IN WITNESS WHEREOF, the parties hereto have caused this Agreeme be executed on the day and year first above written. Title: MAYOR City Clerk Attest: ah .;Po k$L.LzrL ,/p /& TIMES MIRROR CABLE TELEVISION OF SAN DlEGO COUNTY, INC. By: (/!X!’:?;/ x) .*,//+,,// / [ ,+/-J/ktjJ ‘ 2. TULrM 2 I b [ Title: J/’-? 7/ 11 Address: m: .iJi si,h l S, r~AK,~ >&. \ J (srfi , (‘/f ;L? 0s -5 -> Phone No.: \-L!7) ;75 -L~~+ /-x7 2ZL 4 9 a - w EXH I B 1 T q 2 I W J 0 zi z - c __ - -- U - - I r Q x- - . - .-.I- ----- ___- -