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"
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WILLDAN ASSOCIATES
04ONEfRS • IUWNERS
200 S ANAHEIM KVO.. SUITE 100,
ANARERA, CA 9ms
(71q 7745740 (1121 9141611
ANA N4. 110 DATE 3-82
SCALE:
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DRAWN BY:
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WILLDAN ASSOCIATES
04ONEfRS • IUWNERS
200 S ANAHEIM KVO.. SUITE 100,
ANARERA, CA 9ms
(71q 7745740 (1121 9141611
ANA N4. 110 DATE 3-82
SCALE:
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DRAWN BY:
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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"
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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.
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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.
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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.
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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
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THOMAS G. MERRELL, SECRETARY
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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