HomeMy WebLinkAboutContracts & Agreements_3-1992_CCv0001.pdf s` SITE LICENSE AGREEMENT NO. 80891
This SITE LICENSE AGREEMENT (the "License") is made on the execution date written below between
the Licensor and Licensee written below, with reference to the following facts:
WHEREAS, Licensor is the owner of a certain facility (the "Facility") located at:
Blue Mtn. (near Grand Terrace),, California;
WHEREAS, Licensee desires to obtain permission to install , maintain, and use Licensee's
equipment at Licensors Facility;
NOW, THEREFORE, it is agreed as follows:
1 . Grant of License. Subject to Licensee' s compliance with all the terms and conditions of
this License, Licensor grants to Licensee, and Licensee accepts a non-exclusive personal and
non-transferrable right and license to install , maintain, and use at the Facility the equipment
set forth in Exhibit A. In granting such License, Licensor does not convey an estate, create
a tenancy, or confer any possessory rights to Licensee with respect to the Facility.
2. License Term and Anniversary. The initial term of this License shall be the period
commencing June 1, 1991 , and ending on the last day of the month of May, 1992. The first (1st)
day of the month of une shall be the Anniversary Date of this License.
3. License Payments. Licensee will pay to Licensor for the initial term, the sum of three
thousand six hundred Dollars ($3,600.00) (this is based on $300.00 per month) , payable in
advance in quarterly (the "Installment Period") installments of nine hundred Dollars ($900.00)
on the first (1st) day of the months of June, September, December, and March (i .e. the first
(1st) day of each Installment Period) during the term hereof.
4. Security Deposit. Licensee shall pay to Licensor, as security for Licensee's faithful
performance of Licensee's obligations hereunder, the sum of three hundred Dollars ($300.00)
concurrently with the execution of this License as License Payment for the last month of the
term hereof.
5. Attachments. The following documents are attached and are made a part of this License:
Exhibit A - Schedule of Licensee's Equipment, Form LASUASTD.TXT Rev. 8/24/90;
Exhibit B - Standard Terms and Conditions for Site License Agreement, Form LASUBSTD.TXT
Rev. 9/10/90;
Exhibit C - Special Terms and Conditions Regarding Installation, Maintenance, and Use of
Licensee's Equipment, Form LASUCSTD.TXT Rev. 8/24/90.
IN WITNESS WHEREOF, the parties hereto have executed this License as of the execution date,
January 7, 1992 at Calabasas, California , and Redlands, California .
Licensee Licensor
Name: City of Redlands Meridian Communications
Address: Attn: Agreement Administration Dept.
P. 0. Box 3005 23501 Park Sorrento, Suite 213A
Redlands, California 92373 Calabasas, California 91302-1355
By:
Signed:1
Printed J Richard J. -Reichler
Title,:, Vice President
Form LASUSSTD.TXT Rev. 9/10/90
Exhibit A - Schedule of Licensee' s Equipment
General description: Two mobile relay stations
In the bldg. : -I- rack as follows (see notes I and 3 below) :
Height not to exceed -84- inches, housing as follows:
System A: -1- mobile relay station, transmitting at 45.6400 MHz,'
receiving at 45. 1200 MHz, output power not to exceed -30- watts,
manufactured by General Electric. model Master II (modified mobile) ;
System B: -I- mobile relay station, transmitting at 45.6000 MHz,
receiving at 45.0800 MHz, output power not to exceed -30- watts,
manufactured by General Electric, model Master II (modified mobile),.
On the tower: -2- antennas as follows (see notes 4 and 5 below) :
-I- Yagi-type, for the transmitters, ERP not to exceed -150- watts,
manufactured by Decibel Products, model OB230 (or equivalents, weight not
to exceed -52- pounds;
-I-
vagi-type, for the receivers, ERP not to exceed -0- watts,
manufactured by Decibel Products, model DB230 (or eguivalent) , weight not
to exceed -52- pounds.
Service person to contact at Licensee's local office:
Name: Mr. Jim Harrison (and Mr. Kyle Wilson)
Telephone no. : (714) 798-7505
Licensee' s service (maintenance) company: NONE
Notes:
1 . Ancillary equipment such as cavities, circulators, duplexers, filters, power supplies,
etc. will be housed inside the above rack/cabinet(s) and not outside unless specifically
included in this schedule.
2. Lines may be run from the rack/cabinet(s) to the antenna(s), telephone jack(s) , and
power outlet(s) .
3. Rack/cabinets have dimensions less than or equal to -22- inch width and -19- inch depth
unless larger dimensions are explicitly specified in this schedule.
4. Pole(whip)-type antennas have diameter less than or equal to -3- inches, length less
than -20- feet, and weigh less than -50- lbs. unless larger quantities are explicitly
specified in this schedule.
5. Yagi-type antennas weigh less than -30- lbs unless a larger weight is explicitly
specified in this schedule.
6. N/A indicates that data is not available at the time of execution of this agreement.
If requested by Licensor, it will be provided later.
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Execution date: 1992 JAN 07 Licensee Licensor
Effective date: 1991JUNOI Name City of Redlands Meridian Communications
Exhibit A for
Agreement No. : 80891
Site: Blue Mtn. 66di
Form LASUASTD.TXT Rev. 8/24/90
Exhibit B - Standard Terms and Conditions for Site License Agreement
1 . Use by Licensee. Use by Licensee of its equipment shall be limited to those uses allowed
under the applicable rules of the U.S. government (Federal Communications Commission (FCC)
or Interdepartment Radio Advisory Committee of the National Telecommunications and
Information Administration (IRAC)) governing the original authorization granted, or to be
granted, by the U.S. government, to the Licensee on or about the inception of this License.
The equipment shall be used for no other purpose (including any future modifications of uses
allowed under rule changes by the U.S. government affecting Licensee's original
authorization) unless approved in writing in advance by Licensor, which approval will not be
unreasonably withheld. All equipment will be completely remote controlled and unattended,
except for occasional repair and maintenance.
2. This Section number not used in this document.
3. license Payments.
(a) License Payment checks shall be made payable in lawful money of the United States to the
Licensor or to such other persons and to such other places as Licensor may designate in
writing.
(b) The License Payment for any period during the term hereof which is not equal to one full
Installment Period (e.g. possibly the period of the first installment) shall be a pro rata
portion of the amount due for an Installment Period and shall be paid on the first day of
that period.
(c) A License Payment will be considered to be delinquent if not received by Licensor by the
fifteenth (15th) day of the Installment Period. Unpaid installments of License Payments and
other unpaid monetary obligations of Licensee under the terms of this License shall bear
interest from the date due at the maximum rate then allowable by law.
4. This Section number not used in this document.
5. 'Condition of Facility. Licensee takes the Facility in an "as is" condition and Licensor
shall have no responsibility for its condition or any damage suffered by Licensee or any
other person due to such condition. Licensee shall not use nor permit the use of the
Facility in any manner that will tend to create waste or nuisance or interfere or disturb the
use of the other licensees of the Facility.
6. Governmental Compliance and Fees. Licensee shall throughout the License term, without
cost to Licensor, promptly comply with all governmental laws, including applicable FCC
regulations. Licensee is responsible for obtaining, at its own expense, all licenses and
permits required by law for the operation and use of the Licensee's equipment. Licensee
represents that all necessary licenses and permits have been obtained or will be obtained
prior to installation and use of equipment. Licensee will promptly provide Licensor with
copies of all said licenses and permits and any subsequent modifications or renewals. In
particular, Licensee shall furnish Licensor with copies of the radio station authorization
from the U.S. government (e.g. from the FCC or IRAC) and the Special Use Permit from the U.S.
Department of Agriculture, Forest Service (USFS) , if applicable. Licensee shall pay any and
all governmental fees and taxes attributable to its equipment, whether charged to Licensee
or Licensor.
7. Maintenance. Licensee shall be totally responsible for and maintain its own equipment
in good condition and repair. Licensor shall maintain the Facility in good condition and
repair.
Form LASUBSTD.TXT Rev. 9/10/90 Page -I-
general liability insurance policy for bodily injury and property damage with coverage of at
least $1 ,000,000.00 (combined single limit) for any occurrence providing coverage for any and
all liabilities arising from Licensee' s operations and use of the Facility. Licensor shall
be named as an additional insured. Licensee and contractors will promptly furnish Licensor
with a certificate of insurance evidencing this coverage and any renewals, with thirty (30)
days notice to Licensor prior to any cancellation or modification of such coverage.
(c) Licensee and its contractors that work at the Facility will maintain an automobile (any
auto) liability insurance policy for bodily injury and property damage with coverage of at
least $1 ,000,000.00 (combined single limit) for any occurrence providing coverage for any and
all liabilities arising from Licensee's operations and use of the Facility. Licensor shall
be named as an additional insured. Licensee and contractors will promptly furnish Licensor
with a certificate of insurance evidencing this coverage and any renewals, with thirty (30)
days notice to Licensor prior to any cancellation or modification of such coverage.
(d) Licensee and its contractors that work at the Facility will maintain a workers'
compensation and employers, liability insurance policy (with statutory workers' compensation
coverage and employers, liability coverage of at least $1 ,000,000.00-(each category) for any
occurrence) providing coverage for any and all liabilities arising from Licensee' s operations
and use of the Facility. Licensee and contractors will promptly furnish Licensor with a
certificate of insurance evidencing this coverage and any renewals, with thirty (30) days
notice to Licensor prior to any cancellation or modification of such coverage.
13. Eouipment Installation and Future Relocation. Licensee will install its equipment in
locations approved in advance by Licensor; a written diagram will be given to Licensor by
Licensee upon Licensor's request. Licensee will not relocate its equipment (including
antennas) unless approved by Licensor in advance. Licensor may relocate or require the
relocation of Licensee's equipment as needed from time to time, and Licensor will use its
efforts to coordinate the relocation with Licensee in order to minimize any inconvenience and
loss of use that may occur. Installation of the equipment and any future modifications
thereof will be carried out in a professional and quality manner.
14. Telephone and Electrical Power. Licensee shall pay the cost of any telephone service
that it uses at the Fac i1 ity. Licensor shall pay the cost of any electrical power that
Licensee uses at the Facility (except any provided by Licensee's own power generating
equipment, if any), unless specified to the contrary elsewhere in this License.
15. Access by Licensee.
(a) Licensee shall have access only to its own equipment and under no circumstances will
Licensee gain or seek to gain access to any other equipment located at the Facility or allow
anyone else access to equipment other than its own. Licensee will provide Licensor in
writing the identity of the service company(ies) and/or individuals) who is/are authorized
to have access to its equipment for maintenance, and only those so named will be allowed to
be admitted into the Facility.
(b) Licensee shall use reasonable care to minimize any wear and tear of the access roads,
and will , if required by Licensor, repair at its own expense any material damage that it
causes to them.
16. Access and Inspection by Licensor. Licensee will provide Licensor reasonable access to
Licensee's equipment at Licensor's Facility. Licensor has the right to enter and exit from
the area housing Licensee's equipment at all reasonable hours for the purpose of inspecting
Licensee's equipment, including antennae, as well as inspecting, maintaining, and repairing
Licensor's Facility.
Form LASUBSTD.TXT Rev. 9/10/90 Page -3-
worth at the time of the award by the court having jurisdiction thereof at the amount by
which the unpaid License Payments for the remainder of the term after the time of such award
exceeds the amount of such license loss for the same period that Licensee proves could
reasonably be avoided; any other amounts necessary to compensate Licensor for all the
detriment proximately caused by Licensee' s failure to perform its obligations under this
License, or which in the ordinary course of events would be likely to result therefrom.
(c) Pursue any other remedy now or hereafter available to Licensor under the law or judicial
decisions of California, including statutory provisions relating to actions for unlawful
detainer.
20. Facility Restoration at Termination. Within ten (10) days after the effective date of
termination, Licensee will remove its equipment, including any antennas and transmission
line, from the Facility. Upon such removal , Licensee shall restore the Facility to the same
condition as it was prior to Licensee's use, except for reasonable wear and tear. Removal
of Licensee's equipment and any Facility restoration required shall be accomplished by
Licensee in a professional and quality manner at Licensee' s sole expense.
21. Return of Keys at Termination. Upon termination of this License, Licensee will promptly
return to Licensor all keys in its possession or under its control that are applicable to the
Facility. After equipment removal by Licensee, Licensor will return to Licensee any keys it
has which apply to Licensee' s equipment.
22. Holdover. If Licensee, with or without Licensor' s consent, leaves its equipment at the
Facility after the effective date of termination, then a holdover will be created and will
be treated as a License from Quarter-to-quarter under the same terms and conditions as this
License. Licensee will pay to Licensor, quarterly in advance, License payments equal to two
t-21 times the quarterly rate in effect immediately preceding the effective date of
termination. This provision does not give Licensee any right to so hold over.
23. Automatic Renewal . This License shall automatically renew on the same terms and
conditions for additional one-year terms, unless either party gives to the other party notice
of such party's intention not to renew this License; such notice shall be in writing and be
received not less than two (2) months prior to the expiration of any term.
24. Miscellaneous Provisions.
(a) Notices. Any notices permitted or required by law or by this License shall be in
writing and shall be deemed duly given when personally delivered to the other party to whom
they are addressed or, in lieu of such personal delivery, two (2) business days after being
deposited in the United States mail , first-class postage prepaid, addressed to such party.
(b) Governing Law. This License shall be governed by and construed under the laws of the
State of California.
(c) Severability. Should any one or more of the provisions hereof be determined to be
illegal or unenforceable, all other provisions hereof shall be given effect separately
therefrom and shall not be affected thereby.
(d) Successors in Interest. This License shall bind and inure to (to the extent that its
context admits) the benefit of the successors and assigns of the respective parties.
(e) Integrated Agreement. The foregoing constitutes the entire agreement between the
parties on the subject hereof, and there are no other agreements or understandings between
the parties on this subject matter.
Form LASUBSTD.TXT Rev. 9/10/90 Page -5-
Exhibit C - Special Terms and Conditions Regarding
Installation, Maintenance, and Use of Licenseels ,Egui2went
(this document may be referred to as "Installation Guidelines")
Note: "Licensee" is the entity which has executed a Site License Agreement with Meridian
(Licensor) for use of one of Meridian's telecommunication antenna site facilities for which
this is an attachment. Some references to Licensee below include its employees, service
companies, and other invitees. A "User" is an entity that has its equipment installed at
Meridian's site under lease, license, or other agreement with Meridian.
1 . Licensee will install its equipment in locations approved in advance by Meridian. Since
typically the top tower level is for receiving only, Licensee will not install its transmit
antenna(s) there.
2. Installation of Licensee's equipment and any future modifications thereof will be carried
out in a profess-ional and quality manner. The installation, maintenance, and use of the
equipment will not impair the structural integrity, of Meridian,s facility. Licensee will
help keep the site clean and neat. Licensee will maintain its equipment with proper care and
keep it in good repair and condition. Licensee will not disturb, interfere with, or
otherwise handle any e-qu-ipm-ent at the site other than Licensee's, or LAcensor's related to
Licensee's use. Licensee will not damage the property of Meridian or other Users; Licensee
will pay the cost of repairing any damage it does to the property of Meridian or other Users.
3. Equipment will be clearly labelled with the Licensee's name, operating frequencies
(transmit and receive) , and the call sign of the FCC or IRAC authorization. The labelling
might also include the name and telephone number of the person(s) to contact at Licensee's
office in case of emergency. The labelling will be on the major equipment components,
including the equipment cabinet/rack(s) , transmission line(s) , and antenna(s) . Color coded
tape might be used to label each transmission line, especially where it meetstheantenna,
enters and exits the building, and meets the cabinet/rack.
4. Licensee will mount all of its antennas, supporting structures, and transmission lines
at the site by clamps; its clamps and other mounting hardware will be of stainless steel or
hot dip galvanized after fabrication. In no event will tower bolts be used, nor will the
tower steel be drilled. Licensee will promptly, remove all of its unused antennas, supporting
structures and transmission lines; and replace any corroded hardware.
5. Transmission line coaxial cables will be tied down and run -in a guality manner. The wall
feed through will be sealed well so that no water can enter the building. For RF
interference protection, well shielded cable will be used; single braid shielded cable (e.g.
RG8) will not be used. - For RFI protection, waterproof cable will be used outdoors-
'
superflexible and braid shielded cable will not be used outdoors since not waterproof. For
uses below 1 GHz, cables will have diameter of 7/8" or less; for uses of I GHz or above,
cables will have diameter as small as practical as approved in advance by Meridian.
6. All electrical equipment will be properly electrically grounded. For high power
transmitters (e.g= for broadcast uses), standard electrical ground books will be a part of
the transmitter as a safety measure and used by personnel in maintaining the equipment.
7. Licensee recognizes that it shares the= site with other Users and that the site is subject
to a moderate amount of interference from those Users and other sources. Licensee recognizes
the need to install equipment to minimize interference to and from other Users. Licensee
will install a circulator (isolator) and a cavity band pass filter in each of its
transmitters in order to substantially minimize interference to other Users. Licensee will
install filters to protect itself from the moderate interference it gets.
8. The equipment installed by Licensee at the site will be completely remote controlled and
unattended, except for occasional repair and maintenance.
Form LASUCSTD.TXT Rev. 8/24/90