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1985-0319_STORER CABLE TV INC_Lease Agreement"City ee LEASE AGREEMENT For Microwave Tower Site on Land Approximately 100 feet South of Krum Reservoir This lease agreement is made and entered into this 19th day of March , 1985, at San Juan Capistrano, California by and between the CITY OF SAN JUAN CAPISTRANO (hereinafter called LESSOR), and STORER CABLE TV, INC. (hereinafter called LESSEE). WHEREAS, LESSOR is the owner of that certain property consisting of a total site area of 540 square feet located approximately 100 feet south of Krum Reservoir in San Juan Capistrano, County of Orange, State of California, more fully described in Exhibit "A" attached; and WHEREAS, LESSEE desires to lease said property from LESSOR upon the terms and conditions herein set forth; and WHEREAS, the use of said real property is to provide a microwave tower site to improve television reception. NOW, THEREFORE, in consideration of the mutual agreements con- tained herein, LESSOR and LESSEE do agree as follows: 1. LESSOR hereby leases to LESSEE that certain real property consisting of an area of 540 square feet located south of Krum Reservoir in San Juan Capistrano, described in Exhibit "A" attached hereto and by this reference incor- porated herein (hereinafter referred to as DEMISED PREMISES) together with the right of ingress and egress, as granted by LESSOR. 2. The term of this lease shall be five (5) years commencing on this date and expiring five years hence or at the end of the most current franchise agreement, whichever event shall first occur. In the event that lease is extended, any or all considerations shall be renegotiated. 3. As consideration for the granting of the lease, LESSEE agrees as follows: a. On execution of this lease, LESSEE shall pay $1,000.00 to LESSOR. b. Within ninety (90) days after executing this agreement, the LESSEE will make available and maintain in good working order free of charge to the LESSOR, a three- quarter (3/4) inch Portapack camera unit and video cassette recorder and other appurtenant apparatus in- cluding two television sets for the exclusive use by LESSOR. The video cassette recorder will be placed in City Hall. The camera unit will be kept at City Hall and may be made available to other governmental agen- cies and residents of Orange County provided the express consent of the LESSOR is first obtained. LESSEE will provide training in the use of such equip- ment to employees designated by the City Manager. Equipment will be replaced by professional equipment as necessary during the term of the lease and LESSEE will be responsible for normal wear and tear and rou- tine maintenance. Such equipment will remain the property of LESSEE. LESSOR will be responsible for abnormal or abusive use of such equipment and make such repairs as necessary. LESSEE shall also provide such studio/editing facili- ties when they become available and any other techni- cal assistance as may be needed for the LESSOR to prepare programming. Until such studio facilities become available, LESSEE will coordinate with other agencies for the use of such facilities. If requested by the LESSOR, LESSEE will provide a professional camera crew for special presentations. C. LESSEE will film and prepare programs for viewing on a channel designated -for Local Origination for six local events each year within San Juan Capistrano. Two events shall include the Return of the Swallows to San Juan Capistrano and the Fiesta de Los Golondrinas. The other programs shall cover events designated by the City Council and 30 days notice will be given to the LESSEE; if the City Council does not designate such events, then they shall be at the choosing of the LESSEE. This provision does not preclude the LESSEE from filming such other events as may be desirable for local viewing. Programming formats shall be in a form that is compatible with other cable television programming in the City. 4. LESSEE shall comply with all uses and conditions of Condi- tional Use Permit 82-7 and Planning Commission Resolution No. 83-7-12-2, a copy of which is attached as Exhibit "B" and incorporated herein prior to issuance of building per- mits. In addition, landscaping shall be installed per approved plans prior to final building inspection. 5. LESSEE shall pay for all site work, access roads and con- struction required for the DEMISED PREMISES, and access thereto, including utilities as needed. Site work shall include grading plans, road improvements, utility plans, landscaping plans and any work that may arise from Condi- tional Use Permit 82-7. All plans should be approved by the City prior to any work commencing. Maintenance and security of the access road will be in con- junction with and under the supervision of the Capistrano valley Waterworks. LESSEE will pay one-half of the expenses to routinely maintain the access road and will pay all expenses for all specific damages to roadway caused by LESSEE and LESSEE's equipment. Additionally, LESSEE will develop and exclusively maintain all roadway that extends beyond the property used by Capistrano Valley Waterworks up to the DEMISED PREMISES. LESSEE has the right to use the access road on all property owned by the LESSOR as long as there is a valid lease and the conditions of said lease are being met. 6. LESSEE agrees to make no other use of the DEMISED PREMISES without the prior written consent of LESSOR. 7. LESSEE will hold LESSOR harmless from any and all costs and expenses, including attorney's fees, claims and demands of others for loss or damage to property or injury or death _4pIT111L HERE of persons, including employees of LESSEE, arising out of or related to the use of the DEMISED PREMISES and access road or in any way resulting from this lease agreement, except loss or damage, injury or death caused by lessor's negligence. Prior to the commencement of any construction on the DEMISED PREMISES, LESSEE shall provide liability insurance naming the LESSOR as additional insured with a liability limit of at least one million dollars ($1,000,000.00). 9. On expiration of the term of this lease or any renewal thereof, LESSEE shall surrender to LESSOR and vacate the DEMISED PREMISES leaving it in substantially the same condi- tion as currently exists. LESSEE shall within thirty (30) days remove all of its property. LESSOR may, thirty (30) days after the termination date, retain or dispose of any personal property that LESSEE does not remove from the DEMISED PREMISES. Title to any such personal property shall vest in LESSOR at LESSOR's option. LESSEE shall be liable to LESSOR for LESSOR's costs for storing, removing, and disposing of any personal property. 10. LESSEE shall not voluntarily or involuntarily assign or en- cumber its interest in this lease or in the DEMISED PREMISES, or sublease all or any part of the DEMISED PREMISES, or allow any other person or entity (except LESSEE's authorized representatives) to occupy or use all or any part of the DEMISED PREMISES, without first obtaining LESSOR's consent. Any assignment, encumbrance or sublease without LESSOR's consent shall be void. Notwithstanding the foregoing, LESSEE may sublet the premises to any wholly-owned subsi- diary of STORER BROADCASTING COMPANY without the prior written consent of LESSOR. Such sub -lessee shall perform all of the duties and obligations as required in this lease. No sublease shall release LESSEE of its duties hereunder. 0 0 11. If LESSEE remains in possession of the DEMISED PREMISES after expiration or termination of the term or any renewal thereof, such possession by LESSEE shall be deemed to be a tenancy at sufferance at a rental of twenty-five ($25.00) dollars per day. 12. If any part of this lease is found to be void, the remain- ing provisions shall remain in full force and effect. 13. This lease shall be interpreted, governed and construed in accordance with the laws of the State of California. 14. All notices pursuant to this lease shall be addressed as set forth below and shall be sent through the United States mail or delivered personally. TO: LESSOR City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 TO: LESSEE Storer Cable Communications 27402CaminoCapistrano Laguna Niguel, CA 92677 IN WITNESS WHEREOF, the parties have hereunto executed this in- strument the day and year first above written. CITY OF SAN JUAN APISTRANO By G ry- Hausdorfer, M 01 Attest: Mary AnIA IVnover, City C erk LEM . APPROW RER CABLE TV, INC. APR Approved as to form: Gary M saglia Vice President Shaw, City Attorney • • EXHIBIT "A" r i 0 L.S. 4453 PdR ,P. s 83 -rice /F /G.S. 4453 PEEP WILLDAN ASSOCIATES 04ONEfRS • IUWNERS 200 S ANAHEIM KVO.. SUITE 100, ANARERA, CA 9ms (71q 7745740 (1121 9141611 ANA N4. 110 DATE 3-82 SCALE: 11,1117' ro scv DRAWN BY: / y B CHECKED BY A/ E. G. S. UAIf S/rg/B¢ SK E" TCN FIELD BK.: "COR 390 29 JOB NQ.: STORER C,9BLE S09 69 , WILLDAN ASSOCIATES 04ONEfRS • IUWNERS 200 S ANAHEIM KVO.. SUITE 100, ANARERA, CA 9ms (71q 7745740 (1121 9141611 ANA N4. 110 DATE 3-82 SCALE: 11,1117' ro scv DRAWN BY: / y B CHECKED BY A/ E. G. S. UAIf S/rg/B¢ SK E" TCN FIELD BK.: "COR 390 29 JOB NQ.: STORER C,9BLE S09 69 9 • EXHIBIT "A" Description for Storer Cable All that certain real property in the City of San Juan Capistrano, County of Orange, State of California being that portion of Lot 3 as shown on a map filed in Book 4, Page 15 of Record of Surveys, Records of said County described as follows: Commencing at the Northeasterly terminus of that certain course bearing North 66° 22' 24" East and having a length of 1696.90 feet as shown on Record of Survey No. 83-1168, recorded in Book 105, Page 39 through 41 inclusive of Records of Survey, Records of said County; thence South 5° 49' 48" East, 1032.62 feet to the True Point of Beginning; thence North 69° 18' 05" East, 30.00 feet; thence at right angles South 20° 41' 55", East 18.00 feet; thence at right angles South 690 18' 05" West, 30.00 feet; thence at right angles North 200 41' 55" West, 18.00 feet to the True Point of Beginning. Subject to covenants, conditions, restrictions, reservations, rights, rights-of-way, and easements, if any, of record. • .EXHIBIT "A" -' :x�.�a�.-• rte----T--.-..�.--..-.-.--.•- • �_ _ _ _ 1 f,, PROJECT / STE �- qr N VICINITY MAP - 1 Tr LIMIT I 0 udu .LIgIHXH 0 Q F - a s fl 5eP Z lu g Mi •� P s °Ilkli -A7 5 r- 0 0 I «Z v 5 r- 0 0 I «Z 1 2 3 4 7., 8� 9111 10 1111 12 13''! 14 15 III 16' 17 19 201 21111 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT "B" CONDITIONAL USE PERMIT 82-7 (STORER CABLE COMMUNICATIONS) PC RESOLUTION NO. 83-7-12-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 82-7 TO PERMIT A MICROWAVE TRANSMITTER/RECEIVER IN THE GOS DISTRICT OF THE GLENDALE FEDERAL PLANNED COMMUNITY WHEREAS: 1. The applicant, Storer Cable Communications, 27402 Camino Capistrano, #220, Laguna Niguel, CA 92677 has submitted an application for a Conditional Use Permit to establish a microwave receiver located 100 feet south of the Krum Reservoir in the GOS District of the Glendale Federal Planned Community. 2. The City Environmental Review Board has determined that the proposed project will not have a significant effect on the environment, has accordingly recommended issuance of a Negative Declaration for the project, and has otherwise carried out all requirements of the California Environmental Quality Act; and, 3. A public hearing has been duly noticed and held to receive public testimony on the application. 4. The Planning Commission does hereby certify the issuance of a Negative Declaration upon findings that the project will not result in a significant impact on the environ- ment; and, 5. The Planning Commission does hereby find and determine as follows: a. The application is consistent with the goals, policies and objectives of the General Plan concerning the preservation of ridgelines and sensitivity of development in hillside areas. b. The proposed land use is in conformance with the provisions of Title 9 (Land Use) of the Municipal Code, which permits "radio and television towers and stations, radar installations, and microwave relay stations" subject to a Conditional Use Permit. 1'. PC Resolution No. 83-7-12-2 -2- 2 C. The proposed land use is compatible with 3 I,I existing and proposed uses within the immediate vicinity in that the tower will be 41!, in a remote area which includes the Krum Reservoir and general open space. 51!i d. The subject property is capable of accommodating 6I the proposed land use and its associated development as a result of it being located Til in such a way as to minimize the visual impact. 8 i,, THEREFORE, BE IT RESOLVED, that based upon the preceding 9' findings, the Planning Commission does hereby approve Conditional 10 Use Permit 82-7, subject to the following conditions: 111 1. This Conditional Use Permit approval shall apply only to those plans specifically reviewed by the 12 Planning Commission. Final working drawings shall be consistent with said plans reviewed by the 13 Planning Commission. The working drawings shall be reviewed and approved by the Director of 14 Community Planning and Development prior to building permit plan check to insure such consis- 151tency. 16 17 181 2011 21111 22 23 24 25 26 27 28 29 30 31 32 2. A row of eucalyptus shall be provided to screen the receiver from view. A landscape plan shall be submitted for approval by the Director of Community Planning and Development prior to the issuance of any building permits. 3. Approval shall be obtained by the applicant with the property owner(s) of record prior to the issuance of a building permit. In the event that the property has not been deeded over to the City, a three -party contract between Glendale Federal, the City, and the applicant shall be required. BE IT FURTHER RESOLVED, that this Conditional Use Permit shall become effective twenty-one (21) days from the date of this Resolution unless appealed to the City Council by any aggrieved party. Said appeal must be filed with the City Clerk in writing within the twenty -one -day period. Ili PC Resolution No. 83-7-12-2 -3- 21 11 PASSED, APPROVED, AND ADOPTED, this 12th day of July, 3 1983, by the following vote, to wit: 4:. AYES: Campbell, Davies, Tyler 5 NOES: None (two vacancies) 6, ABSENT: None 7 9 COLLENE CAMPBELL, CHAIRMAN .10 11 THOMAS G. MERRELL, SECRETARY 12i 13 ". li 14 S 15' 161i 171 29�' r 201' 21 221 23 24 1 2511 26 27 28 29 ',I 30 31 ! 32 • • LloL,. 1":5)("'0 3. MICROWAVE HUBSITE LEASE - KRUM RESERVOIR (STORER Written Communications: Report dated March 19, 1985, from the Director of Administrative Services, forwarding a lease between Storer Cable Communications and the City for a microwave hubsite to be located at the Krum Reservoir site. The report set forth considerations that the City will receive, including $1,000 upon execution of the Agreement and use of video equipment during the. term of the lease. The lease will run for 5 years or terminate at the end of the most current franchise agreement, whichever occurs first. Martha Corralesy General Manager, Storer Cable Communications, 27402 Camino Capistrano, Suite 220, Laguna Niguel, 92677, advised Council regarding pole permits and the easement for trunklines over Glendale Federal property. Approval of Lease Agreement: It was moved by Councilman Schwartze, seconded by Councilman Bland and unanimously carried to approve the Lease Agreement between Storer Cable Communications and the City for a microwave hubsite to be located at Krum Reservoir. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. '_�'\C�\%5 AGENDA ITEM TO: Stephen B. Julian, City Manager March 19, 1985 FROM: Bob Boone, Director of Administrative Services SUBJECT: Microwave Hubsite Lease - SITUATION• On May 18, 1982, City Council approved in concept the leasing of a site at Krum Reservoir to Storer Cable for the purpose of erecting a microwave tower and hubsite. On July 12, 1983, the Planning Commission approved Conditional Use Permit 82-7 allowing Storer to place the 80 foot high tower mounted microwave antenna about 100 feet south of Krum Reservoir to improve and expand television reception in the City. On August 16, 1983, the City Council conducted a Public Hearing appealing the Planning Commission approval and took action to uphold the Planning Commission's determination. Glendale Federal has deeded the property to the City, and it has been recorded. Storer is working with Glendale Federal to obtain an easement for trunklines over Glendale property. The Lease Agreement has been reviewed extensively by all involved City departments and the Capistrano Valley Water District. The agreement has been approved by Storer's Miami legal department. The basic terms of the lease are briefly outlined below: (1) Term - Five years or at end of franchise. (2) Consideration to City. (a) $1,000 upon execution. (b) Exclusive availability of video camera, video cassette recorder, two television sets, and appurtenant apparatus. Storer will train City employees in use of this equipment and provide studio/editing facilities and assistance. (c) Storer will prepare six television programs of local events as designated by City Council to include the Return of the Swallows and Fiesta de Los Golondrinas. Agenda Item -2- March 19, 1985 (3) Storer will pay for all site work and one-half of the cost of maintaining the access road (Capistrano Valley Water District will pay the other half, as necessary). (4) Storer will hold City harmless from liability claims and provide liability insurance for $1,000,000 naming the City as additionally insured. (5) Storer cannot transfer its rights or sublease the property without City Council approval. The City should greatly benefit from the hubsite since the new microwave distribution system will replace many miles of existing cable and amplifiers which are subject to deterioration, damage by vehicles, and construction damage. Picture quality should also be significantly improved. Attached is a letter from Storer explaining the improvements and cutover policies. COMMISSION/BOARD REVIEW, RECOMMENDATION: Environmental Review Board On July 20, 1982, the Environmental Review Board determined there was no significant impact and issued a negative declaration. Planning Commission On July 12, 1983, the Planning Commission approved Conditional Use Permit 82-7 which is incorporated in the Lease Agreement. Ad -Hoc Cable Television Committee The Ad -Hoc Cable Television Committee has reviewed the Lease Agreement and recommends approval. FINANCIAL CONSIDERATIONS: The City will receive $1,000 upon execution of the agreement and use of video equipment during the term of the lease. ALTERNATE ACTIONS: 1. Approve the Lease Agreement between Storer Cable Communications and the City for a microwave hubsite to be located on City property at Krum Reservoir. Authorize the Mayor and City Clerk to execute the agreement on behalf of the City. 2. Do not approve the Lease Agreement. 3. Request further information/revisions. Agenda Item -3- March 19, 1985 RECOMMENDATION: By motion, approve the Lease Agreement between Storer Cable Communications and the City for a microwave hubsite to be located at Krum Reservoir, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Respectfully submitted, i / BOBBOONE BB:MDL:mac Attachments STONER CABLE Commitment to Excellence 08 May 1984 Mr. Mike Little City of San Juan Capistrano, Administrative Services Office 32400 Paseo Adelanto San Juan Capistrano, California 92675 Dear Mike: The following answers are provided in response to your letter of 03 May 1984 concerning the scope and status of our capital upgrade programs, specifically, the new system office and studio at the Ortega Business Park, and our microwave distribu- tion network presently under construction. We have gained all required approvals for construction of our new system office and studio, and we will pull the build- ing permit within the next 45 to 60 days. After we have the permit in hand, we have a year to begin construction, which we hope to begin long before the permit time has expired. As you noted in your letter, STORER CABLE is presently in the process of constructing a new distribution system to serve the residents of San Juan Capistrano with more reliable, higher -quality television pictures. To do this, we are building a microwave distribution system to replace many miles of existing cable currently required to transport television pictures into the City. Our overall plan is to transmit, via microwave, television pictures picked up at our new facility at Saddleback College to the site we have all come to know as the "Krum Site" above the City. From there, we intend to construct a cable line to intercept the existing City wide cable distribution system. This will allow us to significanly reduce the number of ampli- fiers between our headend at the College and any subscriber in the City. Because of the reduction in amplifers (and therefore, cable), the quality of the television pictures seen by the City STORER CABLE COMMUNICATIONS 27402 Camino Capistrano #220 Laguna Niguel, CA 92677 U Mr. Mike Little City of San Juan Capistrano O8 May 1984 - Page 2 6) residents will improve. Because the number of pieces of equip- ment between our headend and any subscriber will be reduced, the system will be more reliable, and our technicians will be able to isolate problems on the line much more rapidly. When the new system is brought on-line, we will re- install our existing Sylvania amplifiers in locations designed to support 400 MHz. (52 channel) operation. The design for this work has already been completed and checked by STORER in-house designers. Although we cannot be certain when, if ever, this system will employ facets of "2 -WAY" cable technology, including addressable converters, all plant redesigns continue to allow for those services to be supported should they ever be brought on- line here. Our selection of the standard channel assignment scheme over the HRC scheme is based on our experiences with both types of systems. You might be aware that during 1983, we converted our Anaheim, California system from HRC to Standard. We are, in no way, limiting ourselves by this upgrade, or by our selection of the Standard channel plan over HRC. Almost without exception, the main trunk cables already in place will support expanded channel operation. Our intentions currently are to replace only those cables which we find to be operating below specification. This type of failure is often associated with corrosion due to salt spray and smog. The construction of the new headend at Saddleback College and the installation of the microwave distribution system are not the only steps STORER has taken to upgrade the quality of City residents' television pictures. As you correctly noted in your letter, we have -for nearly 2 years now- been installing GILBERT ENGINEERING type "GRS" connectors throughout our system. We have found these connectors to be outstanding in performance and reliability, and we feel that the sharp reduction of connector related problems (and outages) can be traced to our use of GILBERT connectors. Also noted in your letter is our use of SYLVANIA (2000 series) trunk amplifiers. This has become our system standard. Because of its use of plug-in sub -systems, our technicians can replace defective parts in a matter of seconds. We use MAGNAVOX 5LE300 line extender amplifiers in many of the tracts within the City. These small amplifiers are very easy to exchange in the event of a part failure. 0) Mr. Mike Little City of San Juan Capistrano 08 May 1984 - Page 3 Our cable system uses LECTRO brand standby power sour- ces to provide voltage to our amplifiers. To date, about 20 percent of the plant within the City is backed -up with standby power. We have halted the installation of additional standby power supplies until after the reconfiguration of our system made necessary by the microwave upgrade. (Because many of the ampli- fiers must be moved, and the voltage and current demands chang- ing from one powering location to another, our engineers feel it better to wait until all changes have been finalized before again proceeding the standby power supply placement.) We intend to .continue to install these brands (or others of equal or better quality) in the City, but only on a replacement basis. An unnecessary capital investment to replace working equipment would violate our commitment to hold the line on costs which must be passed on to the cable subscriber. In the case of the new microwave system, we will reduce some costs, increase others, but because of expanded channel capacity, allow us to increase our premium services revenues and off -set some of the costs of the upgrade. We share your concern over the methods we intend to use during the process of converting over to the microwave distribution method. We have found that the best way to achieve this type of major reconfiguration is to use STORER employees from this system, and other STORER systems in California, to handle the actual cut -over after STORER supervised contractors perform some of the heavy labor involved with installing the lines to intercept the existing system. The actual cut -over will be done between the hours of 12:00 AM (midnight) and 9:00 AM. Not all areas will be off service for that long, however, as this is a phased cut -over. We feel that all of the work (including conversion and "de -bugging") can be completed over a 2 week period. Final details of the plan will be presented to you for comment as soon as possible. Our goal is to make this cut -over as "transparent" as possible to the majority of City residents. We will, of course, notify you and our subscribers of the times their service may be interrupted. Individual and area problems associated with this conversion will be handled by STORER staff normally assigned to this system. In connection with the construction and installation of the Krum Site, we hope to have the access easement commitment Mr. Mike Little City of San Juan Capistrano 08 May 1984 - Page 4 from Glendale Federal Saving before the end of this month. Also due this month is the legal discription requested by the City. Pending the final City approval for the proposed lease of the Krum Site, we expect to begin construction in early June. We have determined that no California Coastal Commission permission will be necessary in connection with the construction of the microwave hub at Krum. We will, however, need a City building permit, which our builder, Atlanta Commercial Builders is in the process of securing at this time. Since we have all the required equipment to build the site, we expect no unusual delays to prevent the microwave activation during July or August. No additional permits are needed above and beyond those already secured from the City to construct our new system office and studio. Of course, regular building inspections, and a final inspection will take place as it would on any other new structure under construction within City limits. Finally, we have not yet settled on a final channel line-up to be put in place after the activation of the microwave distribution system. Our new headend is equiped to receive many satellite transmissions at the same time. Our System, Area, and Regional Marketing staff are in the process of selecting those channels and stations which best meet the needs and desires of the residents of our service areas. Their selection methods include direct input from the community in the form of comments received about our present programming, as well as requests for additional programming not yet available in this area. Also included in this selection process is our experiences in other similar communities. We appreciate your concerns and questions. It is our desire, as well as the City's, to maintain the high level of service presently afforded City residents by STORER. On average, we need visit a typical subscriber only once every 4 years for service related problems. We intend to lower this even further by the upgrades we are in the process of making. Only through the exchange of accurate information can we continue to maintain the warm and close relationship we have developed over the past several years. Our desire is to do W Mr. Mike Little City of San Juan Capistrano 08 May 1984 - Page 5 nothing to cause any change for the worse, only the better. Should you have any other questions on these, or any other subjects, we would be most pleased to respond. Sincerely, STORER CABLE TV, INC. Martha Corrales Operations Manager and STORER�CABLE (/TV, INC. Jo athan L. Kramer chnical Manager MC: jlk cc: Mr. Gary Massaglia Storer Cable TV, Inc. r. • MEMORANDUM January 18, 1985 TO: Stephen B. Julian, City Manager FROM: Bob Boone, Director of Administrative Services SUBJECT:, Krum Microwave Hub Site Lease A Vk The grant deed for the North Public Lands which includes the Krum Reservoir hub site has been signed and is being recorded. Glen- dale Federal is presently working with Storer management to negotiate easement rights over Glendale property. City staff and Storer management have negotiated a proposed lease agreement (attached). The basic terms of the lease are briefly outlined below: 1. Term - 5 years or at end of franchise. 2. Consideration to City a. $1000 upon execution. b. Exclusive availability of video camera, video cassette recorder, two television sets and appurtenant apparatus. Storer will train City employees in the use of this equipment and provide studio/editing facilities and assistance. C. Storer will prepare six television programs of local events as designated by City Council to include Return of Swallows and Fiesta de Los Golondrinas. 3. Storer will pay for all site work and one-half of the cost of maintaining the access road (Capistrano Valley Water District will pay the other half, if applicable). 4. Storer will hold City harmless from liability claims and provide liability insurance for $1,000,000 naming the City as additionally insured. 5. Storer cannot transfer its rights or sublease the property without City Council approval. This agreement has been reviewed and approved by Storer's Miami legal department. The City Attorney and Rutan & Tucker have re- viewed the lease. Another related issue is the easement agreement between Storer and Glendale Federal. If Storer gets the technical requirements to Glendale today, as planned, then the easement agreement can be executed and recorded within the next two to three weeks. Krum Microwave Hub Site Lease January 18, 1985 Page 2 As soon as the grant deed is recorded, the Krum lease agreement will be put on the agenda for City Council approval. BB:MDL/pjs Attachment CC: City Council Departments s 1[y" . 6��JyI�']� �y �- 4-18-85 .6 PROUDER THIS CERTIFICATE IS ISSUED AS A MATTER OF INS MMATION ON _Y AND COIJFERSNO , GENERAL UNDERWRITERS, INC. THE PPOLIiCIFl ES BELOW AMENU. EXTEND TON ALTE i THE COVERAG -' AAFFFOORRDED THIS 730 BUHL BUILDING ---- - DETROIT, MICHIGAN 48226 CO IAPANIES i FFORDING COVERAGE COMPANY A TRAVELERS INSURANCE COMPANY [MIAMI, LE ITER O)MPANY TRAVELERS INDEMNITY COMPANY U ITER B 5RED Storer Cable TV, Inc. O )MPANY C 27402 Camino Capistrano Laguna Niguel, California 92677 LETTER r C )MPANY p a ITER .' #7 TORER COMMUNICATIONS, INC. . O. BOX 61-8000 C )MPANY E FLORIDA 33161-8000 U ITER "FHIS IS TO CERTIFY THAT POLICIES C ' INSURANCE LISTED BELOW HAV: BEEN ISSUED TO -HE INSURED NA 11ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREME IT, TERM OR CONDITION OF ANY IONTRACT OR OTHER DOCUMENT I ATH RESPECT TO WHICH THIS CERTIFICATE MAY 13E ISSUED OR MAY PERTAIN, THE IN! URANCE AFFORDED BY THE POLI :IES DESCRIBED H :REIN IS SUI T TO ALL THE TI RMS, EXCLUSIONS, AND CONDI- "TIONS OF SUCH FOLK- IES., TYPE OF INSURANCE POLICY NUMBER F &ICY EFFECTIVE C TO (MlAl R -ICY EXPIRATION CSE IMMIODNY) LIABILITY LIMITS !N THOUSANDS EACH - OCCURRENCE AGGREGATE SC OILY $ $ _ GENERAL LIABILITY COMPREHENSIVI. FORM IN DRY DP JNAOE $ $ IR PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD- PROOUCTS/COM'LETED OPERATIONS TR-NSL-123T954-2-84 11-1-84 11-1-85 CONTRACTUAL CC MB NED $ $ x INDEPENDENT CONTRACTORS 1'000 1,000 BROAD FORM P30PERTY DAMAGE x r PERSONAL INJURY 'ERSONAL INJURY $ AUTOMOBILE LIABILITY RML NY $ B X Aly TR -CAP -164T281-8-84 11-1-84 11-1-85 e'R ALL OWNED AUTOS PASS.) , LY WRY $ /(PORN. AlL OWNED AUTOSTHER THAN l PRIV. PASS. J RE ryE ACpoENR B HIRED AUTOS TR-NSL-123T954-2-84 11-1-84 11-1-85 o DOPPER Y NON -OWNED AUTOS (TEXAS ONLY) DE $ GARAGE LIABILI IY el & PD COMBINED 1,000 $ EXCESS LIABILITY UMBRELLA FORM & & PD COMBINED $ $ OTHER THAN UMBRELLA FORM A IL, MO, & TX STATUTORY B WORKERS' COMPENSATION TR -UB -182T125-5-84 11-1-84 11-1-85 $ (EACH ACCIDENT) AIS' CALIF TDSKUB123T952-9-84 11-1-84 11-1-85 i (DISEASE -POLICY LIMIn A EMPLOYERS' LIABILITY NJ TUB123T953-0-84 11-1-84 11-1-85 $ (DISEASE-EACNEMPLOYEE) OTHER OTHER TRUB123T951-7-84 11-1-84 I 1� DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Additional Insured Endorsement Attached. Microwave Tower Site, 540 square feet located south of Krum Reservoir in San Juan Capistrano, California, Orange County. • • i.7ii1w7S7ilW" 1�j City of San Juan Capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRA7 N DATE TH THE ISS G COMPANY WILL ENDEAVOR TO 32400 Paseo Adelanto MAIL DAYS E E 'TICE TO CERTIFICATE HOLDER NAMED TO THE San Juan Capistrano, California, LEFT, BUT FAILURE TO MAa�u to I OSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE CD it Y, 'RESENTATIVES. 92675 AUTHORIZED REPRESENTATI Y, wEEu� 1prDa�wellas Nt. 1 11! 1 II1l1!I;IW!I;jj1l %1111 111111 ''1 1!111 ENDQRAMENT ® THE TRAVELERS INSURANCE COMPANIES This endorsement is issued by that member of The Travelers Insurance Companies which issued the policy of which this endorsement forms a part. If any additional premium is noted below, this endorsement is issued in consideration thereof. If any return premium is noted below, the receipt thereof is acknowledged upon acceptance of this endorsement. 11-1-84 nmenoing TR-NSL-123T954-2-84 Effective from at the time of day the policy becomes effective. Policy No. (Month, Day, Year) Issued to STORER COMMUNICATIONS, INC. Date of Issue: Additional Premium $ Nil Return Premium $ Nil (The information provided for above, except the policy number, is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: ADDITIONAL INSURED DESIGNATED OPERATIONS ONLY IT IS AGREED THAT SUCH INSURANCE AS AFFORDED BY THE POLICY UNDER BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY APPLIES SUBJECT TO THE FOLLOWING PROVISIONS: 1. THE UNQUALIFIED WORD "INSURED" WHEREVER USED IN THE POLICY ALSO INCLUDES THE PERSON OR ORGANIZATION, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS AND EMPLOYEES, DESIGNATED BELOW, BUT ONLY WITH RESPECT TO THE OPERATIONS PERFORMED BY THE NAMED INSURED FOR OR ON THE PREMISES OF SAID DESIGNATED PERSON OR ORGANIZATION, 2. THE INSURANCE WITH RESPECT TO THE PERSON OR ORGANIZATION DESIGNATED BELOW DOES NOT APPLY TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OF ANY EMPLOYEE OF SUCH PERSON OR ORGANIZATION WHILE ENGAGED IN THE EMPLOYMENT THEREOF. ,,1 L. �.. G 6 V G 4 DESIGNATED PERSON OR ORGANIZATION City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California, 92675 sr m No, 8000 W. C -17W REV. 11-76 rnIxrrn ix n.z.k Countersigned i VA SAN J M5TR1rYA FtMFOf4A 92675 ♦ A i'7I 1' 17 March 26, 1985 Ms. Martha Corrales Storer Cable Television, Inc. 27402 Camino Capistrano, Suite 220 Laguna Niguel, California 92677 Subject: Microwave Hubsite Lease - Krum Reservoir Dear Martha: The City Council at their meeting of March 19, 1985 approved the above subject lease agreement. The executed copy of the lease was given to your Chief Engineer on March 22, 1985. The City Council is very much interested in completing this pro- ject as it should offer better reception for the local subscribers. Please keep me informed of your progress and I will do everything in my power to assist you in this matter. I would like to take this opportunity to remind you of several items required to finalize the agreement. 1. $1000.00 payment is now due. 2. Certificate of Insurance naming the City as additionally insured. 3. Certificate of Insurance naming the Capistrano Valley Water District as additionally insured. 4. A tentative delivery date of the video equipment listed in the lease. Your request for authorization to use overhead utility facilities will be on the City Council meeting of April 2, 1985. This approval is required to complete a portion of the CUP and allow Ms. Martha Corrales Storer Cable Television, Inc. March 26, 1985 Page 2 for the building permit to be issued. Let me know if I can be of further assistance. Sincerely, CITY OF SAN JUAN CAPISTRANO Bob Boone Director of Administrative Services BB/pis cc: City Clerk's Department