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� CALIFORNIA STATE UNIVERSITY SAN 13ERNARDINO
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TheCatfomta SUPPORT SERVICES
State University (714) 887-7591
November 12, 1986
City of Redlands
ATTN : Ms . Lorrie Poyzer
Office of the City Clerk
Redlands, CA 92373
Reference : Site Lease
Dear Ms. Poyzer :
This is to confirm the termination of the license agreement on
property near the City of Redlands water reservoir.
The agreement was voided upon notification that the designated
site was on property belonging to the San Bernardino Community
College District.
Thank you for your cooperation with our project .
J. L. Lemmond
Procurement & Support Services Officer
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cc : Gene Forney, The California State University
John Ramsey, Department of General Services
Dr. Senour
5500 UNIVERSITY PARKWAY, SAN BERNARDINO, CALIFORNIA 92407-2397
DEPARTMENT OF PUBLIC WORKS
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REVOCABLE LICENSE AGREEMENT
This License Agreement ("Agreement" ) is made and entered into
this 18th day of March 1986 by and between City
of Redlands and California State University San Bernardino
("Licensee") .
WHEREAS Licensee desires to place instructional television
transmission antennas and equipment near City of Redlands
water reservoir.
I. LICENSE
City of Redlands permits Licensee, subject to the provi-
sions hereof, to install, maintain and operate certain
instructional television transmission antennae and
related equipment ("Equipment" ) as more fully described
in Exhibit A, attached hereto and incorporated herein by
this reference, at City of Redlands Water Reservoir site
located adjacent to and northerly of Crafton Hills
College. The permission herein granted 'is subject to
all existing and future licenses, leases, easements,
encumberances and claims of title affecting said property
of Citv of Redlands.
The equipment shall be placed in strict accordance with
the placement specifications, attached hereto as Exhibit
A, incorporated herein by this reference.
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City of Redlands grants no interest or estate in land
of any kind or nature by this Agreement.
TERM OF AGREEMENT
This Agreement may be terminated by either party at any
time by providing the other party thirty (30) days
written notice of its intent to terminate. In the event
City of Redlands experiences interference to its normal
Radio Transmission operations caused by Licensee's
equipment, the City of Redlands may terminate this
Agreement immediately and without prior notice to Licensee.
INSTALLATION AND REMOVAL OF LICENSEE' S EQUIPMENT
A. Licensee shall provide labor, equipment, supervision
and everything of every nature required to properly
install and maintain the equipment listed in Exhibit
A. Licensee' s installation plans shall be submitted
to City of Redlands for its approval not later than
thirty (30) days prior to the installation date.
B. All such plans, and subsequent installation of
equipment, must meet special requirements set forth
by City of Redlands which shall be provided to
Licensee not later than sixty (60) days prior to the
installation date. In addition to any other criteria
set forth by City of Redlands, Licensee shall
provide all grounding and shielding as required by
the City of Redlands. Further, Licensee shall
provide suitable sealing for any required penetration
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of City of Redlands facilities . Any such penetra-
tion shall be shown on Exhibit A. The City of
Redlands shall have the right to supervise and
approve the actual installation of Licensee' s
Equipment. The City of Redlands reserves the right,
at any time to require Licensee, at its sole expense,
to move or reconstruct its equipment.
C. At the conclusion or termination of this Agreement,
Licensee shall provide labor, equipment, supervision
and everything of every nature required to properly
remove, to City of Redlands satisfaction, Licensee' s
equipment installed at City of Redlands site (s)
pursuant to this Agreement and restore City of
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Redlands facilities Les to a condition satisfactory to
the City of Redlands. If Licensee fails to remove
all of its equipment within fifteen (15) days of
conclusion or termination of this Agreement, City of
Redlands may, at its option, remove such equipmtent
and assess Licensee any costs incurred by City of
Redlands for such removal and eis�csal.
D. Licensee agrees to reimburse City of Redlands for
any expense incurred by City of Redlands by reason
of the construction, Presence, maintenance or
removal of 'Licensee' s equipment on City of Redlands
premises.
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E. Licensee shall not do or fail to do any act
which shall render City of Redlands facilities
liable to any mechanic' s lien or other lien or
charge. If any such lien or charge is filed
against City of Redlands facilities, Licensee
shall at Licensee' s sole cost and expense,
promptly remove any such lien or charge within
ten (10) days after its filing. Licensee shall
reimburse City of Redlands for any cost or
expense incurred by City of Redlands in relation
to such removal.
IV. NOTICES, LAWS, REGULATIONS AND PERMITS
Licensee shall, at its sole expense, give all required
notices, acauire necessary permits and shall, at all
times, comply with all applicable laws, ordinances,
statutes, rules and regulations during the term of this
Agreement. Specifically, but not exclusively, Licensee
is solely responsible for receiving Federal Communication
Commission approval for its activities. Licensee agrees
to defend, indemnify and hold harmless City of Redlands
from and against any and all claims and expenses caused
or occasioned directly or indirectly by Licensee' s
failure to comply with such laws, ordinances, statues,
rules or rec.-ulations.
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V. UTILITY USAGE
Licensee shall reimburse City of Redlands on an annual
basis as billed for the cost of utilities consumed by
Licensee' s Equipment. Licensee' s utility cost shall be
computed by calculating the net increase in City of
Redlands current monthly site utility charges compared
to City of Redlands monthly site utility charges for
the same month in the previous year. In the event City
of Redlands has added to, decreased or changed its
equipment during the previous year, or there has been
an increase or decrease in utility rates during the
previous year, Licensee' s utility cost shall be equitably
adjusted.
VI. INDEMNITY
A. Licensee agrees to indemnify, defend and hold
harmless City of Redlands from any and all liability,
damage, loss, claim, action, judgements, settled
sums agreed to by Licensee and third party claimants
and costs, including reasonable attorney' s fees,
for damage to any property and for injury or death
to any person, including employees or agents of
Licensee or Licensor, pursuant to Licensee' s activities
under this Agreement; however, Licensee does not
agree to indemnify and hold City of Redlands free
from liability arising
.; out of the sole negligence of
City of Redlands.
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B. During the term of this Agreement, Licensee shall
relieve City of Redlands of responsibility of loss
of or damage to Licensee' s equipment, unless such
loss or damage is caused by City of Redlands willful
misconduct.
VII. INSURANCE
The State of California is self insured. All rules and
regulations relative are applicable.
VIII. NON-DISCLOSURE
Licensee agrees not to divulge to third parties, without
the written consent of City of Redlands, any information
obtained from or through City of Redlands in connection
with the perfox-mance of this Agreement unless:
1. the information is known to Licensee prior to
obtaining the same from City of Redlands;
2. the information is, at the time of disclosure
available in the public domain; or
3. the information is obtained by Licensee from a third
party who did not receive the same directly or
indirectly from City of Redlands and who has no
obligation of confidentiality with respect thereto.
I . ASSIGNMENT
The rights and privileges herein are personal to Licensee.
This Agreement shall not be assigned, subcontracted or
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transferred, in whole or in part, by Licensee except
with the written consent of City of Redlands. Any and
all unauthorized assignments, subcontracts or transferences
shall be null and void.
X. ACCESS
Licensee shall have unrestricted access to its installa-
tion for maintenance and repair.
XI. GOVEPVITNG LAW
This Agreement shall be construed by, enforced in
accordance with, and the validity and performance hereof
governed by, the laws of the State of California.
XII. NOTICES
All notices shall he sent to City of Redlands or
Licensee in writing by certified United States mail,
postage prepaid, return receipt requested.
XIII. SEVERABILITY
If any term of this Agreement is found or held to be
contrary to the laws of any jurisdiction having control
of its construction, validity or enforcement, or if it
is found that any term is void or voidable, then said
term shall not apply and this Agreement shall be
construed as if said term were not present, and there
shall be no force or effect on the remainder of this
Agreement as a result of the removal of such term.
XIV. WAIVEP
Failure by either party at any time to require perfor-
mance by the other party to claim a breach of any
provision of this Agreement shall not be construed as
affecting any subsequent breach or the right to require
performance with respect thereto or to claim a breach
with respect thereto.
XV. ENTIRE AGREEMENT
The terms of this Agreement, including all documents
incorporated by reference constitute the final and
entire statement of agreement between the parties and
no prior representation, expression, or agreement,
whether written or oral, shall vary the terms of this
Agreement. The terms of this Agreement may not be
supplemented or contradicted by course of dealing,
usage of trade, or course of performance under this or
any other agreement. All modifications and amendments
to this Agreement shall be made in writing and signed
by both parties.
Exhi 0I t A
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CITY OF REDLANDS CALIFORNIA STATE UNIVERSITY
SAN BERNARDINO
BY:
BY: (2— �4-aL'
TITLE: Mayor TITLE: Vice President
Academic Affairs
California State University
San Bernardino
DATE: March 18 , 1986 DATE: March 3 , 1986
ATTEST: -i f
BY
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TITLE : Procurement & Support
City Clerk, Cit f Redlands
Services Officer
DATE : 19r3 -