HomeMy WebLinkAboutMETRO CITIES FIRE AUTHORITY - 2001-05-07n
Metro Cities Fire Authority
Metro Net Fire Communications Center
201 South Anaheim Boulevard, Suite 302, Anaheim, CA 92805
Phone: (714) 765-4075 Fax: (714) 765-4074
February 10, 2005
I, JEAN FERRELL, DO HEREBY CERTIFY that the Signal Peak Agreement attached
hereto was approved by the Board of Metro Cities Fire Authority at a special
teleconference meeting held on the 101h day of May, 2001 by the following roll call vote:
Ayes 7
Noes 0
Absent 0
Anaheim Fountain Valley Fullerton Garden Grove
Huntington Beach Newport Beach Orange
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Project No: PM 1239-7-6
Project Name: Metro Cities Fire Authority
Project Location: Signal Peak
LICENSE
(Communications Agreement)
This License Agreement ("License") is made �Ak 0 9 , 2001, by and between
the COUNTY OF ORANGE, hereinafter referred t as "COUNTY", and the METRO CITIES
FIRE AUTHORITY, a joint powers authority, hereinafter referred to as "LICENSEE", without
regard to number or gender.
1. DEFINITIONS (PML2.1S)
The following words in the License have the significance attached to them in this clause, unless
otherwise apparent from context:
"Sheriff" means the Sheriff of the County of Orange, or designee, or upon written notice to
LICENSEE, such person or entity as shall be designated by the Board of Supervisors.
"Communications Manager" means the Manager of Communications, Sheriff -Coroner, County of
Orange, or designee, or upon written notice to LICENSEE, such person or entity as shall be
designated by the Sheriff -Coroner.
"Board of Supervisors" means the Board of Supervisors of the County of Orange, a political
subdivision of the State of California
2. TERM (PML3.1S)
The effective date ("Effective Date") of this License shall be the date first written above and shall
continue in effect until ten (10) years thereafter or until terminated as provided in Clause 3
(TERMINATION) of this License, whichever first occurs. In no event shall the term of this
License surpass the length of term specified in any current or future lease or ground lease
agreement for the COUNTY's Signal Peak communications facility ("Facility") between
COUNTY and The Irvine Company ("TIC").
3. TERMINATION (PML3.2S)
This License shall be revocable by either COUNTY or LICENSEE at any time upon forty-five
(45) days prior written notice from one party to the other.
In the event either party terminates this License, LICENSEE shall promptly remove LICENSEE's
Communication Equipment from the License Area and shall promptly take possession of and
remove said Communication Equipment from the Facility. LICENSEE agrees to leave License
Area in good condition and repair, normal wear and tear excepted.
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2 4. TERMINATION OF PRIOR AGREEMENTS (PML12.1 S)
4 It is mutually agreed that this License shall terminate and supersede any prior agreements between
the parties hereto covering all or any portion of the License Area. Notwithstanding the foregoing,
6 this provision shall not release Licensee from any obligations under any prior agreements to be
performed through the Effective Date of this License or from any obligations of indemnification
8 based upon events occurring prior to the Effective Date of this License.
10 5. LICENSE AREA (PML4.1N)
12 COUNTY grants to LICENSEE the right to use that certain property hereinafter referred to as
"License Area," shown on "Exhibit A", Location Map, attached hereto and made a part hereof.
14
6. LICENSE SUBORDINATE TO SIGNAL PEAK GROUND LEASE WITH TIC (N)
lb
This License shall at all times be subordinate and subject to the provisions and requirements of that
18 certain Signal Peak Ground Lease dated December 17, 1986, between TIC and COUNTY relative
to the development, operation, and maintenance of the Facility, or any subsequent agreement
20 between said parties.
22 In the event TIC shall declare default under said Lease agreement for action or inaction on the part
of LICENSEE, COUNTY shall have the right to cure any such default and invoice LICENSEE for
24 COUNTY's cost of said cure. LICENSEE shall reimburse COUNTY for such cost(s) within thirty
(30) days after receipt of said invoice.
26
Nothing contained in this License or in any document related hereto shall be construed to imply
28 the conveyance to LICENSEE of rights in the License Area, which exceed those owned by
COUNTY.
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7. USE (PML 5.1N)
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LICENSEE shall have the right to install, remove, operate, maintain and repair its
34 communications equipment ("Communication Equipment") as described in "Exhibit B",
Description of Licensee's Equipment, attached hereto and made a part hereof.
36
Throughout the term of this License and at all times, COUNTY shall have the right, at
38 COUNTY's sole discretion, to determine the specific location of LICENSEE's Communication
Equipment within the License Area. In the event COUNTY determines that LICENSEE's
40 Communication Equipment must be relocated within the License Area, LICENSEE shall relocate
said Communication Equipment at LICENSEE's sole cost.
42
LICENSEE shall use the License Area in such a manner so as not to interfere with the
44 COUNTY's use of or equipment at the Facility or with the use by or equipment of COUNTY's
other licensees at said Facility.
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LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit
any other activity within or from the License Area. LICENSEE further agrees not to conduct or
permit to be conducted any public or private nuisance in, on, or from the License Area, nor to
commit or permit to be committed waste on the License Area, and to comply with all
governmental laws and regulations in connection with its use thereof.
8. USE FEE (PML6.1N)
LICENSEE agrees to pay COUNTY from and after the Effective Date of this License the sum of
Three Thousand Five Hundred Sixty Dollars ($3,560) per year as an annual use fee ("Use Fee")
for the use of the License Area. Use Fee shall be payable annually in advance within thirty (30)
days after receipt of invoice provided by COUNTY. LICENSEE shall be provided with said
invoice within sixty (60) days prior to the anniversary of the Effective Date of this License.
LICENSEE shall pay the Use Fee while this License is in effect, without deduction or offset, in
lawful money of the United States.
In the event the obligation to pay the Use Fee terminates on a day other than the anniversary of the
Effective Date of the License, the Use Fee shall be prorated to reflect the actual period of use on
the basis of a 360-day year.
The Use Fee is in accordance with the fee schedule ("Fee Schedule") set forth in "Exhibit C", Fee
Schedule, attached hereto and trade a part hereof. The Board of Supervisors may from time to
time revise and/or amend all or part of the Fee Schedule, including adding charges for use of
COUNTY's microwave network. If the Board of Supervisors revises or amends the Fee Schedule,
LICENSEE's Use Fee amount shall be automatically adjusted per the new Fee Schedule as of the
date of approval of the new Fee Schedule by the Board of Supervisors. Upon approval of the new
Fee Schedule, COUNTY will provide LICENSEE with a notice of adjustment to LICENSEE's
Use Fee according to the Board of Supervisors approved new Fee Schedule, and a copy of the
Board item referencing approval of said new Fee Schedule.
LICENSEE shall be invoiced for any increased Use Fee amount prorated from the date of Board
of Supervisors approval of the new Fee Schedule. Said increase shall be due and payable by
LICENSEE upon receipt of invoice. LICENSEE shall be credited for any decrease in the Use Fee
amount prorated from the date of said approval and said credit shall be applied on the invoice
Licensee receives within sixty (60) days prior to the following anniversary of the Effective Date of
this License.
9. PROCESSING FEE (PML6.3S)
Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a processing fee
of $1,000 for issuance of the License. Said processing fee is deemed earned by COUNTY and is
not refundable. COUNTY shall provide LICENSEE with an invoice for said processing fee and
LICENSEE shall promptly pay the total processing fee amount within thirty (30) days after receipt
of invoice.
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may change the designated place of payment at any time upon ten (10) days written notice to
LICENSEE. All payments may be made by check payable to the County of Orange. LICENSEE
assumes risk of loss if payments are made by mail.
No payment by LICENSEE or receipt by COUNTY of an amount less than the payment due shall be
deemed to be other than on account of the payment due, nor shall any endorsement or statement on
any check or any letter accompanying any check or payment as payment be deemed an accord and
satisfaction, and COUNTY shall accept such check or payment without prejudice to COUNTY's
right to recover the balance of said payment or pursue any other remedy in this License, or by law.
11. CHARGE FOR LATE PAYMENT (PML7.2S)
LICENSEE hereby acknowledges that the late payment of sums due hereunder will cause COUNTY
to incur costs not contemplated by this License, the exact amount of which will be extremely
difficult to ascertain. Such costs include but are.not limited to costs such as administrative
processing of delinquent notices, increased accounting costs, etc.
Accordingly, if any payment pursuant to the License is not received by COUNTY by the due date, a
late charge of 1.5% of the payment due and unpaid, plus $100 shall be added to the payment, and the
total sum shall become immediately due and payable to COUNTY. An additional charge of 1.5% of
said payment, excluding late charges, shall be added for each additional month that said payment
remains unpaid.
LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable
estimate of the costs that COUNTY will incur by reason of LICENSEE's late payment.
Acceptance of such late charge (and/or any portion of the overdue payment) by COUNTY shall in
no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or
prevent COUNTY from exercising any other rights and remedies granted hereunder.
12. SERVICES CHARGES (N)
Due to safety, health, or other reasons, COUNTY may find it necessary to. perform labor on
LICENSEE -owned stationary Communications Equipment within the License Area. In such
instances, COUNTY shall charge LICENSEE for such labor on an hourly basis according to rates
approved by the Board of Supervisors, including administrative costs, and shall charge LICENSEE
for the cost of all parts required plus ten percent (10%) of said cost of all parts.
13. UTILITIES (PML9.IS)
COUNTY shall be responsible for and pay all charges for utilities used by LICENSEE in the
operation of LICENSEE's Communication Equipment within the License Area.
14. MAXIMUM PERMISSIBLE EXPOSURE TO RADIOFREQUENCY EMISSIONS (N)
LICENSEE warrants that the radiofrequency emissions exposure of LICENSEE's Communication
Equipment installed and operated at the Facility per the terms of this License shall at all times be
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equal to or less than the Federal Communication Commission's Guidelines for Human Exposure to
Radiofrequency Emissions ("Guidelines").
LICENSEE agrees to indemnify, defend, and save harmless COUNTY, its officers, agents, and
employees from and against any and all claims, demands, losses, or liabilities of any kind or nature,
which COUNTY, its officers, agents, and employees may sustain or incur or which may be imposed
upon them for injury to or death of persons, or damage to property as a result of, or arising out of
radiofrequency emissions exposure in connection with LICENSEE's ownership, use, operation,
maintenance, repair, change, alteration, adjustment, relocation of, or addition to LICENSEE's
Communications Equipment.
In the event COUNTY determines that the aggregate radiofrequency emissions emitting from the
Facility are above the acceptable levels per the Guidelines, then the COUNTY shall have the right to
require LICENSEE to modify or remove LICENSEE's Communications Equipment at LICENSEE's
sole cost within sixty (60) days following a written request from COUNTY.
15. ACCESS (N)
Access to the License Area shall not be permitted at any time without proper escort by
Communications Manager. LICENSEE shall pay COUNTY an escort fee ("Escort Fee") at the
Board of Supervisor's approved hourly rate for time spent by COUNTY in providing said escort.
COUNTY shall provide LICENSEE with an invoice for Escort Fee and LICENSEE shall pay
COUNTY within thirty (30) days after receipt of said invoice.
LICENSEE shall provide COUNTY with 24-hour verbal or written notice prior to date and time
LICENSEE desires to access License Area. Voice -mail or other form of voice -recorded message
shall not be considered prior notice.
16. ANTENNA TOWER REPAIR AND MAINTENANCE (N)
All Licensee -requested work on COUNTY's antenna tower, including but not limited to repair,
maintenance, alteration, adjustment, installation, removal, or relocation of LICENSEE's radio
antennas or other tower -mounted equipment ("Tower Work") shall be performed at LICENSEE's
sole cost by the service company ("Contractor") under contract to COUNTY.
No Tower Work shall be performed without twenty-four (24) hour prior written or verbal notice to
COUNTY. Voice -mail or other form of recorded message shall not be considered prior notice.
Additionally, COUNTY shall provide an escort at all times during and at every instance of
LICENSEE -required Tower Work. LICENSEE agrees to reimburse COUNTY at the Board of
Supervisors approved hourly rate for COUNTY's cost of said escort. LICENSEE shall be invoiced
for said escort charges and agrees to reimburse COUNTY in full within thirty (30) days after receipt
of said invoice.
Upon completion of Tower Work performed by Contractor, LICENSEE shall be invoiced directly by
Contractor and shall directly pay Contractor for all work performed on tower at the request of
LICENSEE. Failure to pay Contractor shall constitute default of LICENSEE under this License.
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COUNTY shall not be liable for payment of charges incurred by LICENSEE regarding work
2 completed by Contractor at the request of LICENSEE.
4 17.OPERATION AND MAINTENANCE (N)
6 A. Operation — The operation of LICENSEE's equipment shall be in accordance with all
applicable rules and regulations of the Federal Communications Commission and any deviation
8 therefrom shall be cause for COUNTY to demand that LICENSEE cease the deviation
immediately.
10
Should the operation of LICENSEE's communications equipment, in the opinion of
12 Communications Manager, interfere with the operation of COUNTY's communications
equipment or any other equipment installed at Facility, upon verbal notice by COUNTY,
14 LICENSEE shall immediately eliminate said interference in a manner acceptable to
Communications Manager.
16
In the event LICENSEE does not eliminate said interference, Communications Manager retains
18 the right, at Communications Manager option, to remove or modify LICENSEE's
Communications Equipment and LICENSEE shall, upon written demand by Communications
20 Manager, pay the cost thereof incurred by COUNTY within thirty (30) days after receipt of said
written demand.
22
B. Maintenance — COUNTY shall repair and maintain LICENSEE's Communications
24 Equipment per the terms of that certain Communications Agreement, dated October 25, 1988,
between COUNTY and LICENSEE, or any subsequent agreement between said parties. In the .
26 event LICENSEE requires Tower Work, Clause 16 (ANTENNA TOWER REPAIR AND
MAINTENANCE) shall apply in whole.
28
18. INSURANCE (PML10.IS)
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LICENSEE shall maintain self-insurance, commercial insurance, or a blend of both, acceptable to
32 COUNTY in full force and effect throughout the term of this License. The policy or policies of
insurance maintained by LICENSEE shall provide the following limits and coverage:
34
36 LIABILITY INSURANCE
Coveras,e Minimum Limits
38
Comprehensive General Liability, to S1,000,000 combined single limit
40 include broad form property damage.
42 Insurance shall be in force the first day of the term of this License. Each insurance policy required
by this License shall contain the following three clauses:
44
A. "This insurance shall not be cancelled, limited in scope of coverage or non-renewable until after
46 no less than thirty (30) days written notice has been given to the Communications Manager, County
of Orange, Orange County Sheriff Department/Communications, 840 N. Eckhoff Street, Suite 104,
48 Orange, CA 92868-1021."
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B. "County of Orange and The Irvine Company are added as an insured as respects operations of the
named insured at or from the License Area occupied and used by the named insured pursuant to that
certain License issued by the County of Orange."
C. "It is agreed that any insurance maintained by the County of Orange and/or The Irvine Company
will apply in excess of, and not contribute with, insurance provided by this policy."
LICENSEE agrees to deposit with Communications Manager, before the Effective Date of this
License, certificates of insurance and endorsements necessary to satisfy the Communications
Manager that the insurance provisions of this License have been complied with and to keep such
insurance in effect and the certificates therefore on deposit with the Communications Manager
during the entire term of this License.
LICENSEE may elect to self -insure for this License provided such self-insurance meets or exceeds
all provisions of this Clause (INSURANCE) throughout the term of this License and is in a form
acceptable to the Communications Manager.
THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME LICENSEE'S
INSURANCE COVERAGE IS TERMINATED. IF, WITHIN 10 DAYS AFTER TERMINATION
UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES EVIDENCE OF THE
REQUIRED INSURANCE COVERAGE ACCEPTABLE TO COMMUNICATIONS MANAGER,
THIS LICENSE MAY BE REINSTATED AT THE SOLE DISCRETION OF
COMMUNICATIONS MANAGER. IF REINSTATED, LICENSEE SHALL PROMPTLY PAY
$500 TO COVER THE PROCESSING COSTS INCURRED BY COUNTY.
LICENSEE agrees that LICENSEE shall not operate on the License Area if, at any time, the required
insurance is not in full force and effect as evidenced by a certificate of official binder or a certificate
of self-insurance being in the possession of Communications Manager. In no cases shall assurances
by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate
evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of
LICENSEE' insurance, COUNTY may take whatever steps are necessary to interrupt any operation
from or on the License Area until such time as the Communications Manager reinstates the License.
LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such
interruption of business including but not limited to damages resulting from any loss of income or
business resulting from COUNTY's action.
Communications Manager shall have the right at any time to review the coverage, form, and amount
of the insurance required hereby. If, in the opinion of Communications Manager, insurance
provisions in this License do not provide adequate protection for COUNTY and for members of the
public using the License Area, Communications Manager may require LICENSEE to obtain
insurance sufficient in coverage, form, and amount to provide adequate protection from and against
the kind and extent of the risks which exist at the time a change in insurance is required.
The procuring of such required policy or policies of insurance shall not be construed to limit
LICENSEE' liability hereunder nor to fulfill the indemnification and hold harmless provisions and
requirements.
19. AUTHORITY (N)
Each person executing this License on behalf of LICENSEE does hereby covenant and warrant that
(a) LICENSEE is a fire authority and validly exists under the laws of the State of California; (b)
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LICENSEE has full right and authority to enter into this License; and (c) each person signing this
License on behalf of LICENSEE is duly authorized to do so.
20. NOTICES (PML 14.1S)
All notices pursuant to this License shall be addressed as set forth below or as either party may
hereafter designate by written notice and shall be sent through the United States mail and duly
registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as
aforesaid, the same shalt be deemed served or delivered 24 hours after mailing thereof as above
provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by
personal delivery or by regular mail and any such notice given shall be deemed to have been given
upon receipt.
COUNTY
Sheriff -Coroner
Communications Division
840 N. Eckhoff St., Suite 104
Orange, CA 92868-1021
Telephone: (714) 704-7900
Fax: (714) 704-7902
Attn: Communications Manager
2I. ATTACHMENTS TO LICENSE (PMLIS.IS)
LICENSEE
Metro Cities Fire Authority
Metro Net Communications
201 S. Anaheim Blvd., Suite 302
Anaheim, CA 92805
Telephone: (714) 765-4077
Attn: Communications Manager
This License includes the following, which are attached hereto and made a part hereof:
1. GENERAL CONDITIONS
1I. EXHIBITS
Exhibit A -- Plot Plan
Exhibit B -- Description of Licensee's Equipment
Exhibit C — Fee Schedule (General)
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IN WITNESS WHEREOF, the parties have executed this License as of the day and year first written
above.
COUNTY
APPROVED AS TO FORM:
Laurence M. Watson
County COMW
U
De ut
Date:
RECOMMENDED FOR APPROVAL:
Sheriff -Coroner
Real Estate
By:
Title: Real Property Agent
LICENSEE
METRO CITIES FIRE AUTHORITY,
a joint powers authority
By:
Title: ,7
Date:
APPR(`'/r^
JACK L. Wr ; E, W-t Y A ►'TC NEY
BY ^,eVA0jj' � 'P,0"t�
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD OF
SUPE VISORS
C�ov�
T
Darlene J. Bloom
Clerk of the Board of Supervisors of 'FF
Orange County, California .
I COUNTY OF ORANGE
By:L/
Chairman, Board of Supervisors
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I. GENERAL CONDITIONS (PMLG1-15S)
1. PERMITS AND LICENSES (PMLGI S)
LICENSEE shall be required to obtain any and all permits and/or licenses, which may be
required in connection with the operation of the License Area as, set out herein. No
permit, approval, or consent given hereunder by COUNTY, in its governmental capacity,
shall affect or limit LICENSEE's obligations hereunder, not shall any approvals or
consents given by COUNTY, as a party to this License, be deemed approval as to
compliance or conformance with applicable governmental codes, laws, rules, or
regulations.
2. SIGNS (PMLG2 S)
LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc.,
upon License Area except as approved by Communications Manager. Unapproved signs,
banners, flags, etc., may be removed.
3. LICENSE ORGANIZATION (PMLG3 S)
The various headings and numbers herein, the grouping of provisions of this License into
separate clauses and paragraphs, and the organization hereof, are for the purpose of
convenience only and shall not be considered otherwise.
4. AMENDMENTS (PMLG4 S)
This License is the sole and only agreement between the parties regarding the subject
matter hereof; other agreements, either oral or written, are void. Any changes to this
License shall be in writing and shall be properly executed by both parties.
5. UNLAWFUL USE (PMLG5 S)
LICENSEE agrees no improvements shall be erected, placed upon, operated, nor
maintained on the License Area, nor any business conducted or carried on therein or
therefrom, in violation of the terms of this License, or of any regulation, order of law,
statute, bylaw, or ordinance of a governmental agency having jurisdiction.
6. INSPECTION (PMLG6 S)
COUNTY or its authorized representative shall have the right at all reasonable times to
inspect the operation to determine if the provisions of this License are being complied
with.
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7. INDEMNIFICATION (PMLG7 S)
LICENSEE hereby waives all claims and recourse against COUNTY including the right
of contribution for loss or damage to persons or property arising from, growing out of, or
in any way connected with or related to this License except claims arising from the
concurrent active or sole negligence of COUNTY, its officers, agents, and employees.
LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its
officers, agents, and employees against any and all claims, loss, demands, damages, cost,
expenses, or liability costs arising out of the operation, use, or maintenance of the
property described herein, and/or LICENSEE's exercise of the rights under this License,
except for liability arising out of the concurrent active or sole negligence of COUNTY,
its officers, agents, or employees, including the cost of defense of any lawsuit arising
therefrom.
In the event COUNTY is named as a defendant with LICENSEE in a legal action as
described in the preceding sentence, LICENSEE shall notify COUNTY of such fact and
shall represent COUNTY in such legal action unless COUNTY undertakes to represent
itself as a defendant in such legal action, in which event LICENSEE shall pay to
COUNTY its reasonable litigation costs, expenses, and attorney's fees. In the event
judgment is entered against COUNTY and LICENSEE because of the concurrent active
negligence of COUNTY and LICENSEE or their respective officers, agents, or
employees, an apportionment of liability to pay such judgment shall be made by a court
of competent jurisdiction. Neither party shall request a jury apportionment.
8. TAXES AND ASSESSMENTS (PMLG8 S)
Although not anticipated, should this License create a possessory interest which is subject
to the payment of taxes levied on such interest, it is understood and agreed that all taxes
and assessments (including but not limited to said possessory interest tax) which become
due and payable in connection with this License or upon fixtures, equipment, or other
property used in connection with this License, shall be the full responsibility of
LICENSEE, and LICENSEE shall cause said taxes and assessments to be paid promptly.
9. PARTIAL INVALIDITY (PMLG9 S)
If any term, covenant, condition, or provision of this License is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated thereby.
10. WAIVER OF RIGHTS (PMLGIO S)
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The failure of COUNTY to insist upon strict performance of any of the terms, covenants,
2 or conditions of this License shall not be deemed a waiver of any right or remedy that
COUNTY may have, and shall not be deemed a waiver of the right to require strict
4 performance of all the terms, covenants, and conditions of the License thereafter, nor a
waiver of any remedy for the subsequent breach or default of any term, covenant, or
6 condition of the License. Any waiver, in order to be effective, must be signed by the
party whose right or remedy is being waived.
8
11. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG12 S)
10
Except as otherwise agreed to herein, upon termination of this License, LICENSEE shall
12 redeliver possession of said License Area to COUNTY in substantially the same
condition that existed immediately prior to LICENSEE's entry thereon, reasonable wear
14 and tear, flood, earthquakes, war, and any act of war excepted.
16 12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S)
18 If LICENSEE abandons the License Area or is dispossessed thereof by process of law or
otherwise, title to any personal property belonging to LICENSEE and lell on the License
20 Area 10 days after such event shall be deemed, at COUNTY's option, to have been
transferred to COUNTY. COUNTY shall have the right to remove and to dispose of such
22 property without liability therefor to LICENSEE or to any person claiming under
LICENSEE, and small have no need to account therefor.
24
13. TIME OF ESSENCE (PMLG14 S)
26
Time is of the essence of this License. Failure to comply with any time requirements of
28 this License shall constitute a material breach of this License.
30 14. NO ASSIGNMENT (PMLG15 S)
32 The License granted hereby is personal to LICENSEE and any assignment of said license
by LICENSEE, voluntarily or by operation of law, shall automatically terminate the
34 License granted hereby.
36 11
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SIGNAL PEAK
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Location Map
PM 1239-7-6
Signal Peak Remote Facility
Metro Cities Fire Authority
SHERIFF/COMMUNICATIONS
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COUNTY OF ORANGE
ChOdCOA` O.C.S.D./COMMUNICATIONS
EXHIBIT A �„� 2/6r2001
• W.
COUNTY OF ORANGE — SIGNAL PEAK
DESCRIPTION OF EQUIPMENT
Transmitter Receiver
FCC Call Sign
WNFH922
Model Number
T5365A
Serial Number
680CAX0067
RF Frequency (MHz)
855.46250
810.46250
Tone Frequency (Hz)
CSQ
CSQ
Burst or Continuous Tone
NIA
NIA
Power Output (Watts)
31.5
ERP (Watts)
103.2
Type of Cavity
Duplexer
Model No. of Cavity
CLF1070
Type of Antenna
Omni
Omni
Model of Antenna
Sinclair 4200100
(same as TX)
Gain of Antenna (dBd)
7.5
Direction of Radiation (°T)
NIA
Diameter or Length of Antenna (ft.)
I2 est.
Type and Model of Feed Line
in LDF Foam
ESpace Required (Vertical In.)
30
Owner of Equipment: METRO CITIES FIRE AUTHORITY
EXHIBIT B
EQSPIPA
COUNTY OF ORANGE — SIGNAL PEAK
DESCRIPTION OF EQUIPMENT
Transmitter Receiver
FCC Call Sign
WNFH922
Model Number
Serial Number
RF Frequency (MHz)
Tone Frequency (Hz)
CSQ
CSQ
Burst or Continuous Tone
N/A
N/A
Power Output (Watts)
31.5
ERP (Watts)
103.2
Type of Cavity
Duplexer —
—
Model No. of Cavity
CLF1070
Type of Antenna
Omni
Omni
Model of Antenna
Gain of Antenna (dBd)
Sinclair 42001
karne- as TX)
Direction of Radiation (°T)
N/A
Diameter or Length of Antenna (ft.)
12 est.
Type and Model of Feed Line
7/8 in LDF Foam
Rack Space Required (Vertical In.)
30
Owner of Equipment: JOINT POWERS AUTHORITY
f t:
SIGNAL FEAKA
.(
ADJUSTED FEE SCHEDULE
One Rack Space (2' x 2' floor space x 71h' high)
(Mounting space for one UHF/VHF Antenna
is included in the charge for a rack space)
One -Half Rack Space (2' x 2' floor space x 3N ' high)
Space for Battery Chargers, Batteries, Cavities, etc.
(If this equipment occupies space that would normally
be used as radio floor space, the charge will then be
for rack space)
Microwave Antenna Surcharge/per antenna
Circuit Charge for use of County Microwave
UHF/VHF Antenna Surcharge
(This will be charged if more than one antenna
is installed per rack space)
FEUCIAM EXHIBIT C
$3,200/year
$1, 760/year
$ 750 per square foot/year
$ 1, 500/year
$ 600/yearJcircuit
$ 300/year
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Council/Agency Meeting Held: 05— 01-01
Deferred/Continued to:
A proved 0 Condit'onally Approved 0 Denied
vZo C' CI r ' Signature
Council Meeting Date: May 7, 2001
Department ID Number: FD 01-010
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS o
SUBMITTED BY:
RAY SILVER, City AdministratoratQ-0
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PREPARED BY:
MICHAEL P. DOLDER, Fire Chief/Information Systems Direto
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SUBJECT:
AUTHORIZATION TO APPROVE A COMMUNICATIONS NCEJ31SE
AGREEMENT BETWEEN ORANGE COUNTY AND THE IDETr
CITIES FIRE AUTHORITY
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the City Council authorize the City of Huntington Beach's
Metro Cities Fire Authority Board representative to approve a Communications License
Agreement between the County of Orange and the Metro Cities Fire Authority for storage of
Metro Cities' communications equipment at Signal Peak Communications facility?
Funding Source: There is a $1,000 processing fee and an additional $600 annual fee for
use of the County's communication facility. Fees will be covered proportionately through the
Metro Cities Fire Authority budget. The City's portion of the Metro Cities budget is included
in the Fire Department budget account number 10065203.75100. No additional funds are
required from the City of Huntington Beach.
Recommended Action: MOTION TO: Approve and authorize the Mayor and City Clerk to
execute the Signature Page for City of Huntington Beach For License (Communications
Agreement) By and Between the County of Orange and the Metro Cities Fire Authority
authorizing the City of Huntington Beach's Metro Cities Board representative (City
Administrator or Fire Chief/Information Systems Director as alternate) to execute the License
(Communications Agreement) between the County of Orange and the Metro Cities Fire
Authority for storing Metro Cities communications equipment.
Alternative Action(s): Take no action and direct the City of Huntington Beach's Metro
Cities Board representative to disapprove a License Agreement between the County of
Orange and Metro Cities Fire Authority.
Analysis: Metro Cities Fire Authority (Authority), formerly North Net Communications
Center, has housed communications equipment in other County of Orange communications
facilities since 1985. This new License Agreement is for the relocation of communications
h ti QUEST FOR COUNCIL ACTo%jN
MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER: FD 01-010
Analysis: (continued)
Communications Facility that was approved by the City Council on July 17, 2000. This is a
standard license agreement for agencies that house communications equipment in a County
facility and will be in effect ten years or until terminated by either party.
The Authority is funded by proportionate share contributions from each of its City Members.
The License Agreement with the County includes an indemnification clause requiring the
Authority to indemnify and defend the County against any damages that may occur during
the term of this License. The Authority Agreement provides that any damages incurred by
the Authority will be paid by its City members. The chance that damages will occur as the
result of the License is minimal. However, should damages occur, it is hard to predict the
extent and cost of such damages. Since each Member City would have to fund payment of
such damages, Legal Counsel for the Authority has advised that each member must receive
authority by its city council to indemnify the County (Attachment 1).
The County of Orange was not amenable to limiting the indemnification to One Million
Dollars ($1,000,000), which would have allowed this license to be acted on by the Metro
Cities Board. For this reason, the license must be acted upon by the individual councils
which are members of the Metro Cities Fire Authority.
Legal Counsel of the Anaheim City Attorney's Office, who is also Legal Counsel for the Metro
Cities Board, has reviewed the Signal Peak License Agreement (Attachment 2) and
approved it as to form. The Huntington Beach City Attorney has also reviewed and approved
as to form.
Environmental Status: None.
Attachiment(s):
RCA Author: Burney/Dolder
FD01 010 Signal Peak Communic License Agrmt.doc -2- 4/30101 10:35 AM
l�r
ATTACHMENT 1
n
SIGNATURE PAGE FOR CITY OF HUNTINGTON BEACH
FOR LICENSE (COMMUNICATIONS AGREEMENT)
BY AND BETWEEN THE COUNTY OF ORANGE AND THE
METRO CITIES FIRE AUTHORITY
Project No.: PM 1239-7-6
Project Name: Metro Cities Fire Authority
Project Location: Signal Peak
IN WITNESS WHEREOF,
The License (Communications Agreement) by and between the County of Orange and the
Metro Cities Fire Authority was approved by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 741 day of , 2001, and executed by and
through its authorized officers.
ATTEST:
y,
City Clerk 4 j'
REVIEWED AND APPROVED:
Cit dministrator
71�L
Mayor
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Fire Chief/Information Systems Director
2001-0262 Sig. Page #2
0
ATTACHMENT 2 1
•
Project No: PM 1239-7-6
2 Project Name: Metro Cities Fire Authority
Project Location: Signal Peak
4
LICENSE '
6 (Communications Agreement)
8 This. License Agreement ("License") is made , 19T, by and between
the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", and the METRO CITIES FIRE
10 AUTHORITY, a joint powers authority, hereinafter referred to as "LICENSEE", without regard to
number or gender.
12
1. DEFINITIONS (PML2.1S)
14
The following words in the License have the significance attached to them in this clause, unless
16 otherwise apparent from context:
18 "Sheriff' means the Sheriff of the County of Orange, or designee, or upon written notice to
LICENSEE, such person or entity as shall be designated by the Board of Supervisors.
20
"Communications Manager" means the Manager of Communications, Sheriff -Coroner, County of
22 Orange, or designee, or upon written notice to LICENSEE, such person or entity as shall be
designated by the Sheriff -Coroner.
24
"Board of Supervisors" means the Board of Supervisors of the County of Orange, a political
26 subdivision of the State of California
28 2. TERM (PML3.1S)
30 The effective date ("Effective Date") of this License shall be effective from the date first written
above and shall continue in effect until ten (10) years thereafter or until terminated as provided in
32 Clause 3 (TERMINATION) of this License, whichever first occurs. In no event shall the terni of this
License surpass the length of term specified in any current or future lease or ground lease agreement
34 for the COUNTY's Signal Peak communications facility ("Facility") between COUNTY and The
Irvine Company ("TIC").
36
3. TERMINATION (PML3.2S)
38
This License shall be revocable by either COUNTY or LICENSEE at any time upon forty-five (45)
40 days prior written notice from one party to the other.
42 In the event either party terminates this License, LICENSEE shall promptly remove LICENSEE's
Communication Equipment from the License Area and shall promptly take possession of and
44 remove said Communication Equipment from the Facility. LICENSEE agrees to leave License Area
in good condition and repair, normal wear and tear excepted.
46
Signal Peak -I doc 1 Pht 1239-7-6 Signal Peak
0-V10101 11 49 AN1 Metro Cities Fire Authority
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4. TERMINATION OF PRIOR AGREEMENTS (PML12.1 S)
It is mutually agreed that this License shall terminate and supersede any prior agreements between
the parties hereto covering all or any portion of the License Area. Notwithstanding the foregoing,
this provision shall not release Licensee from any obligations under any prior agreements to be
performed through the Effective Date of this Agreement or from any obligations of indemnification
based upon events occurring prior to the Effective Date of this Agreement.
5. LICENSE AREA (PML4.1N)
COUNTY grants to LICENSEE the right to use that certain property hereinafter referred to as
"License Area," shown on "Exhibit A", Location Map, attached hereto and made a part hereof.
6. LICENSE SUBORDINATE TO SIGNAL PEAK GROUND LEASE WITH TIC (N )
This License shall at all times be subordinate and subject to the provisions and requirements of that
certain Signal Peale Ground Lease dated December 17, 1986, between TIC and COUNTY relative to
the development, operation, and maintenance of the Facility, or any subsequent agreement between
said parties.
In the event TIC shall declare default under said Lease agreement for action or inaction on the part
of LICENSEE, COUNTY shall have the right to cure any such default and invoice LICENSEE for
COUNTY's cost of said cure. LICENSEE shall reimburse COUNTY for such cost(s) within thirty
(30) days after receipt of said invoice.
Nothing contained in this License or in any document related hereto shall be construed to imply the
conveyance to LICENSEE of rights in the License Area, which exceed those o«med by COUNTY.
7. USE (PML 5.1 N)
LICENSEE shall have the right to install, remove, operate, maintain and repair its communications
equipment ("Communication Equipment-') as described in "Exhibit B", Description of Licensee's
Equipment, attached hereto and made a part hereof.
Throughout the term of this License and at all times, COUNTY shall have the right, at COL NTY's
sole discretion, to determine the specific Iocation of LICENSEE's Communication Equipment
within the License Area. In the event COUNTY determines that LICENSEE's Communication
Equipment must be relocated within the License Area, LICENSEE shall relocate said
Communication Equipment at LICENSEE's sole cost.
LICENSEE shall use the License Area in such a manner so as not to interfere with the CO[1NTY's
use of or equipment at the Facility or with the use by or equipment of COUNTY's other licensees at
said Facility.
LICENSEE agrees not to use the License Area for any other purpose nor to engage in or permit any
other activity within or from the License Area. LICENSEE further agrees not to conduct or permit to
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be conducted any public or private nuisance in, on, or from the License Area, nor to commit or
permit to be committed waste on the License Area, and to comply with all governmental laws and
regulations in connection with its use thereof.
8. USE FEE (PML6.1N)
LICENSEE agrees to pay COUNTY from and after the Effective Date of this License the sum of Six
Hundred Dollars ($600) per year as an annual use fee ("Use Fee") for the use of the License Area.
Use Fee shall be payable annually in advance within thirty (30) days after receipt of invoice
provided by COUNTY. LICENSEE shall be provided with said invoice within sixty (60) days prior
to the anniversary of the Effective Date of this License. LICENSEE shall pay the Use Fee while this
License is in effect, without deduction or offset, in lawful money of the United States.
In the event the obligation to pay the Use Fee terminates on a day other than the anniversary of the
Effective Date of the License, the Use Fee shall be prorated to reflect the actual period of use on the
basis of a 360-day year.
The Use Fee is in accordance with the fee schedule ("Fee Schedule") set forth in "Exhibit C ", Fee
Schedule, attached hereto and made a part hereof. The Board of Supervisors may from time to time
revise and/or amend all or part of the Fee Schedule, including adding charges for use of COUNTY's
microwave network. If the Board of Supervisors revises or amends the Fee Schedule, LICENSEE's
Use Fee amount shall be automatically adjusted per the new Fee Schedule as of the date of approval
of the new Fee Schedule by the Board of Supervisors. Upon approval of the new Fee Schedule,
COUNTY will provide LICENSEE with a notice of adjustment to LICENSEE's Use Fee according
to the Board of Supervisors approved new Fee Schedule, and a copy of the Board item referencing
approval of said new Fee Schedule.
LICENSEE shall be invoiced for any increased Use Fee amount prorated from the date of Board of
Supervisors approval of the new Fee Schedule. Said increase shall be due and payable by
LICENSEE upon receipt of invoice. LICENSEE shall be credited for any decrease in the Use Fee
amount prorated from the date of said approval and said credit shall be applied on the invoice
Licensee receives within sixty (60) days prior to the following anniversary of the commencement
date of this License.
9. PROCESSING FEE (PML6.3S)
Upon approval by COUNTY of this License, LICENSEE shall pay to COUNTY a processing fee of
S1,000 for issuance of the License. Said processing fee is deemed earned by COUNTY and is not
refundable. COUNTY shall provide LICENSEE with an invoice for said processing fee and
LICENSEE shall promptly pay the total processing fee amount within thirty (30) days after receipt
of invoice.
10. PAYMENT PROCEDURE (PML7.1S)
All payments pursuant to this License shall be delivered to the Codnty of Orange Sheriff/Financial,
320 North Flower Street, Suite 108. Santa Ana, California, 92703, Attention; Accounting. COUNTY
Sigma! Pcak IAA 3 PM 1239-7-6 signal I'eak
04/10/01 11-49 AM Metro Cities Fire Authority
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may change the designated place of payment at any time upon ten (I0) days written notice to
LICENSEE. All payments may be made by check payable to the County of Orange. LICENSEE
assumes risk of loss if payments are made by mail.
No payment by LICENSEE or receipt by COUNTY of an amount less than the payment due shall be
deemed to be other than on account of the payment due, nor shall any endorsement or statement on
any check or any letter accompanying any check or payment as payment be deemed an accord and
satisfaction, and COUNTY shall accept such check or payment without prejudice to COUNTY's
right to recover the balance of said payment or pursue any other remedy in this License, or by law.
11. CHARGE FOR LATE PAYMENT (PML7.2S)
LICENSEE hereby acknowledges that the late payment of sums due hereunder will cause COUNTY
to incur costs not contemplated by this License, the exact amount of which will be extremely
difficult to ascertain. Such costs include but are not limited to costs such as administrative
processing of delinquent notices, increased accounting costs, etc.
Accordingly, if any payment pursuant to the License is not received by COUNTY by the due date, a
late charge of 1.5% of the payment due and unpaid, plus $100 shall be added to the payment, and the
total sum shall become immediately due and payable to COUNTY. An additional charge of 1.5% of
said payment, excluding late charges, shall be added for each additional month that said payment
remains unpaid.
LICENSEE and COUNTY hereby agree that such late charges represent a fair and reasonable
estimate of the costs that COUNTY will incur by reason of I.ICENSEE's late payment.
Acceptance of such late charge (and/or any portion of the overdue payment) by COUNTY shall in
no event constitute a waiver of LICENSEE's default with respect to such overdue payment, or
prevent COUNTY from exercising any other rights and remedies granted hereunder.
12. SERVICES CHARGES (N)
Due to safety, health, or other reasons, COUNTY may rind it necessary to perform labor on
LICENSEE -owned stationary Communications Equipment within the License Area. In such
instances, COUNTY shall charge LICENSEE for such labor on an hourly basis according to rates
approved by the Board of Supervisors, including administrative costs, and shall charge LICENSEE
for the cost of all parts required plus ten percent (10%) of said cost of all parts.
13. UTILITIES (PML9.1S)
COUNTY shall be responsible for and pay all charges for utilities used by LICENSEE in the
operation of LICENSEE's Communication Equipment within the License Area.
14. MAXIMUM PERMISSIBLE EXPOSURE TO RADIOFREQUENCY EMISSIONS (N)
LICENSEE warrants that the radiofrequency emissions exposure of LICENSEE's Communication
Equipment installed and operated at the Facility per the terms of this License shall at all times be
signal Pcal; I doc 4 1`11 1239-7-6 Signal Peal,
04/10/0l - 11 49 AM Metro Cities Fire Authority
equal to or less than the Federal Communication Commission's Guidelines for Human Exposure to
2 Radiofrequency Emissions ("Guidelines").
4 LICENSEE agrees to indemnify, defend, and save harmless COUNTY, its officers, agents, and
employees from and against any and all claims, demands, losses, or liabilities of any kind or nature,
6 which COUNTY, its officers, agents, and employees may sustain or incur or which may be imposed
upon them for injury to or death of persons, or damage to property as a result of, or arising out of
8 radiofrequency emissions exposure in connection with LICENSEE's ownership, use, operation,
maintenance, repair, change, alteration, adjustment, relocation of, or addition to LICENSEE's
10 Communications Equipment.
12 In the event COUNTY determines that the aggregate radiofrcquency emissions emitting from the
Facility are above the acceptable levels per the Guidelines, then the COUNTY shall have the right to
14 require LICENSEE to modify or remove LICENSEE's Communications Equipment at LICENSEE's
sole cost within sixty (60) days following a written request from COUNTY.
16
15. ACCESS (N)
18
Access to the License Area shall not be permitted at any time without proper escort by
20 Communications Manager. LICENSEE shall pay COUNTY an escort fee ("Escort Fee") at the
Board of Supervisor's approved hourly rate for time spent by COUNTY in providing said escort.
22 COUNTY shall provide LICENSEE with an invoice for Escort Fee and LICENSEE shall pay
COUNTY within thirty (30) days after receipt of said invoice.
24
LICENSEE shall provide COUNTY with 24-hour verbal or written notice prior to date and time
26 LICENSEE desires to access License Area. Voice -mail or other form of voice -recorded message
shall not be considered prior notice.
28
16. ANTENNA TOWER REPAIR AND MAINTENANCE (N)
30
All Licensee -requested work on COUNTY's antenna tower, including but not limited to repair,
32 maintenance, alteration, adjustment, installation, removal, or relocation of LICENSEE's radio
antennas or other tower -mounted equipment ("Tower Work") shall be performed at LICENSEE's
34 sole cost by the service company ("Contractor") under contract to COUNTY.
36 No Tower Work shall be performed without hventy-four (24) hour prior written or verbal notice to
COUNTY. Voice -mail or other form of recorded message shall not be considered prior notice.
38 Additionally, COUNTY shall provide an escort at all times during and at every instance of
LICENSEE -required Tower Work. LICENSEE agrees to reimburse COUNTY at the Board of
40 Supervisors approved hourly rate for COUNTY's cost of said escort. LICENSEE shall be invoiced
for said escort charges and agrees to reimburse COUNTY in full within thirty (30) days after receipt
42 of said invoice.
44 Upon completion of Tower Work performed by Contractor, LICENSEE shall be invoiced directly by
Contractor and shall directly pay Contractor for all work performed on tower at the request of
46 LICENSEE. Failure to pay Contractor shall constitute default of LICENSEE under this License.
Signal Peak -I doc 5 PN1 1239-7-6 Signal Peak
04110.-01 1 ] 49 AM Metro Cities Fire Authority
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COUNTY shall not be liable for payment of charges incurred by LICENSEE regarding work
completed by Contractor at the request of LICENSEE.
17.OPERATION AND MAINTENANCE (N)
A. Operation — The operation of LICENSEE's equipment shall be in accordance with all
applicable rules and regulations of the Federal Communications Commission and any deviation
therefrom shall be cause for COUNTY to demand that LICENSEE cease the deviation
immediately.
Should the operation of LICENSEE's communications equipment, in the opinion of
Communications Manager, interfere with the operation of COUNTY's communications
equipment or any other equipment installed at Facility, upon verbal notice by COUNTY,
LICENSEE shall immediately eliminate said interference in a manner acceptable to
Communications Manager.
In the event LICENSEE does not eliminate said interference, Communications Manager retains
the right, at Communications Manager option, to remove or modify LICENSEE's
Communications Equipment and LICENSEE shall, upon written demand by Communications
Manager, pay the cost thereof incurred by COUNTY within thirty (30) days after receipt of said
written demand.
B. Maintenance — COUNTY shall repair and maintain LICENSEE's Communications
Equipment per the terms of that certain Communications Agreement, dated October 25, 1988,
between COUNTY and LICENSEE, or any subsequent agreement between said parties. In the
event LICENSEE requires Tower Work, Clause 16 (ANTENNA TOWER REPAIR AND
MAINTENANCE) shall apply in whole.
18. INSURANCE (PMLIO.IS)
LICENSEE shall maintain self-insurance, commercial insurance, or a blend of both, acceptable to
COUNTY in full force and effect throughout the term of this License. The policy or policies of
insurance maintained by LICENSEE shall provide the following limits and coverage:
LIABILITY INSURANCE
Coverarze :Minimum Limits
Comprehensive General Liability, to $1,000,000 combined single limit
include broad form property damage.
Insurance shall be in force the first day of the term of this License. Each insurance policy required
by this License shall contain the following three clauses:
A. "This insurance shall not be cancelled, limited in scope of coverage or non-renewable until after
no less than thirty (30) days written notice has been given to the Communications Manager, County
of Orange, Orange County Sheriff Department/Communications, 840 N. Eckhoff Street, Suite 104,
Orange, CA 92868-1021."
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B. "County of Orange and The Irvine Company are added as an insured as respects operations of the
named insured at or from the License Area occupied and used by the named insured pursuant to that
certain License issued by the County of Orange."
C. "It is agreed that any insurance maintained by the County of Orange and/or The Irvine Company
will apply 1n excess of, and not contribute with, insurance provided by this policy."
LICENSEE agrees to deposit with Communications Manager, before the Effective Date of this
License, certificates of insurance and endorsements necessary to satisfy the Communications
Manager that the insurance provisions of this License have been complied with and to keep such
insurance in effect and the certificates therefore on deposit with the Communications Manager
during the entire term of this License.
LICENSEE may elect to self -insure for this License provided such self-insurance meets or exceeds
all provisions of this Clause (INSURANCE) throughout the term of this License and is in a form
acceptable to the Communications Manager.
THIS LICENSE SHALL AUTOMATICALLY TERMINATE AT THE SAME TIME LICENSEE'S
INSURANCE COVERAGE IS TERMINATED. IF, WITHIN 10 DAYS AFTER TERMINATION
UNDER THIS CLAUSE, LICENSEE OBTAINS AND PROVIDES EVIDENCE OF THE
REQUIRED INSURANCE COVERAGE ACCEPTABLE TO COMMUNICATIONS MANAGER,
THIS LICENSE MAY BE REINSTATED AT THE SOLE DISCRETION OF
COMMUNICATIONS MANAGER. IF REINSTATED, LICENSEE SHALL PROMPTLY PAY
MO TO COVER THE PROCESSING COSTS INCURRED BY COUNTY.
LICENSEE agrees that LICENSEE shall not operate on the License Area if, at any time, the required
insurance is not in full force and effect as evidenced by a certificate of official binder or a certificate
of self-insurance being in the possession of Communications Manager. In no cases shall assurances
by LICENSEE, its employees, agents, including any insurance agent, be construed as adequate
evidence of insurance. LICENSEE also agrees that upon cancellation, termination, or expiration of
LICENSEE's insurance, COUNTY may take whatever steps are necessary to interrupt any operation
from or on the License Area until such time as the Communications Manager reinstates the License.
LICENSEE further agrees to hold COUNTY harmless for any damages resulting from such
interruption of business including but not limited to damages resulting from any loss of income or
business resulting from COUNTY's action.
Communications Manager shall have the right at any time to review the coverage, form, and amount
of the insurance required hereby. If, in the opinion of Communications Manager, insurance
provisions in this License do not provide adequate protection for COUNTY and for members of the
public using the License Area, Communications Manager may require LICENSEE to obtain
insurance sufficient in coverage, form, and amount to provide adequate protection from and against
the kind and extent of the risks which exist at the time a change in insurance is required.
The procuring of such required policy or policies of insurance shall not be construed to limit
LICENSEE's liability hereunder nor to fulfill the indemnification and hold harmless provisions and
requirements.
19. AUTHORITY (N)
Each person executing this License on behalf of LICENSEE does hereby covenant and warrant that
(a) LICENSEE is a fire authority and validly exists under the laws of the State of California; (b)
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LICENSEE has full right and authority to enter into this License; and (c) each person signing this
License on behalf of LICENSEE is duly authorized to do so.
20. NOTICES (PML ]4AS)
All notices pursuant to this License shall be addressed as set forth below or as either party may
hereafter designate by written notice and shall be sent through the United States mail and duly
registered or certified with postage prepaid. If any notice is sent by registered or certified mail, as
aforesaid, the same shall be deemed served or delivered 24 hours after mailing thereof as above
provided. Notwithstanding the above, COUNTY may also provide notices to LICENSEE by
personal delivery or by regular mail and any such notice given shall be deemed to have been given
upon receipt.
COUNTY
Sheriff -Coroner
Communications Division
840 N. Eckhoff St., Suite 104
Orange, CA 92868-1021
Telephone: (714) 704-7900
Fax: (714) 704-7902
Attn: Communications Manager
21. ATTACFLMENTS TO LICENSE (PML15.1S)
LICENSEE
Metro Cities Fire Authority
Metro Net Communications
201 S. Anaheim Blvd., Suite 302
Anaheim, CA 92805
Telephone: (714) 765-4077
Attn: Communications Manager
This License includes the following, which are attached hereto and made a part hereof:
1. GENERAL CONDITIONS
11. EXHIBITS
Exhibit A — Plot Plan
Exhibit B — Description of Licensee's Equipment
Exhibit C — Fee Schedule (General)
Signal Peak I doc
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PNI 1239.7-6 Signal Peak -
Metro Cnics Fire Authonry
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IN WITNESS WHEREOF, the parties have executed this License as of the day and year first written
above.
COUNTY LICENSEE
APPROVED AS TO FORM: METRO CITIES FIRE: AUTHORITY,
Laurence M. Watson a joint powers authority
County Counsel
By: -
Date:
Deputy
RECOMMENDED FOR APPROVAL:
Sheriff -Coroner
Real Estate
By -
Title: Real Property Agent
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD OF
SUPERVISORS
Darlene J. Bloom
Clerk of the Board of Supervisors of
Orange County, California
COUNTY OF ORANGE
Chairman, Board of Supervisors
Signal Peak_ l doc
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By: _
Title:
Date:
PM 1239-7-6 Signal Peak
%ICUO Cities Fire Authority
ATTACHMENT I
GENERAL CONDITIONS (PMLGI-15S)
LICENSE (Communications Agreement)
Signal Peak Communications Facility
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I. GENERAL CONDITIONS (PMLG1-15S)
1. PERMITS AND LICENSES (PMLG1 S)
LICENSEE shall be required to obtain any and all permits and/or licenses, which may
be required in connection with the operation of the License Area as, set out herein. No
permit, approval, or consent given hereunder by COUNTY, in its governmental
capacity, shall affect or limit LICENSEE's obligations hereunder, nor shall any
approvals or consents given by COUNTY, as a party to this License, be deemed
approval as to compliance or conformance with applicable governmental codes, laws,
rules, or regulations.
2. SIGNS (PMLG2 S)
LICENSEE agrees not to construct, maintain, or allow any signs, banners, flags, etc.,
upon License Area except as approved by Communications Manager. Unapproved
signs, banners, flags, etc., may be removed.
3. LICENSE ORGANIZATION (PMLG3 S)
The various headings and numbers herein, the grouping of provisions of this License
into separate clauses and paragraphs, and the organization hereof, are for the purpose
of convenience only and shall not be considered otherwise.
4. AMENDMENTS (PMLG4 S)
This License is the sole and only agreement between the parties regarding the subject
matter hereof, other agreements, either oral or written, are void. Any changes to this
License shall be in writing and shall be properly executed by both parties.
5. UNLAWFUL USE (PMLG5 S)
LICENSEE agrees no improvements shall be erected, placed upon, operated, nor
maintained on the License Area, nor any business conducted or carried on therein or
therefrom, in violation of the terms of this License, or of any regulation, order of law,
statute, bylaw, or ordinance of a governmental agency having jurisdiction.
6. INSPECTION (PMLG6 S)
COUNTY or its authorized representative shall have the right at all reasonable times to
inspect the operation to determine if the provisions of this License are being complied
with.
signal Peak 2_doc Page I of 3 P.M 1239-7-6 Signal Peak
412/01 8=21 AM Mmo Cities Fire Authority
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7. INDEMNIFICATION (PMLG7 S)
4
LICENSEE hereby waives all claims and recourse against COUNTY including the right
6 of contribution for loss or damage to persons or property arising from, growing out of,
or in any way connected with or related to this License except claims arising from the
8 concurrent active or sole negligence of COUNTY, its officers, agents, and employees.
LICENSEE hereby agrees to indemnify, hold harmless, and defend COUNTY, its
10 officers, agents, and employees against any and all claims, loss, demands, damages,
cost, expenses, or liability costs arising out of the operation, use, or maintenance of the
12 property described herein, and/or LICENSEE's exercise of the rights under this
License, except for liability arising out of the concurrent active or sole negligence of
14 COUNTY, its officers, agents, or employees, including the cost of defense of any
lawsuit arising therefrom.
16
In the event COUNTY is named as a defendant with LICENSEE in a legal action as
18 described in the preceding sentence, LICENSEE shall notify COUNTY of such fact and
shall represent COUNTY in such legal action unless COUNTY undertakes to represent
20 itself as a defendant in such legal action, in which event LICENSEE shall pay to
COUNTY its reasonable litigation costs, expenses, and attorney's fees. In the event
22 judgment is entered against COUNTY and LICENSEE because of the concurrent active
negligence of COUNTY and LICENSEE or their respective officers, agents, or
24 employees, an apportionment of liability to pay such judgment shall be made by a court
of competent jurisdiction. Neither party shall request a jury apportionment.
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8. TAXES AND ASSESSMENTS (PNILG8 S)
28
Although not anticipated, should this License create a possessory interest which is
30 subject to the payment of taxes levied on such interest, it is understood and agreed that
all taxes and assessments (including but not limited to said possessory interest tax)
32 which become due and payable in connection with this License or upon fixtures,
equipment, or other property used in connection with this License, shall be the full
34 responsibility of LICENSEE, and LICENSEE shall cause said taxes and assessments to
be paid promptly.
36
9. PARTIAL INVALIDITY (PMLG9 S)
38
If any term, covenant, condition, or provision of this License is held by a court of
40 competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
42 impaired, or invalidated thereby.
44
Signal Peak 2.doc Page 2 of 3 PM 1239-7-6 signal Peak
412r0I : 8.21 AM Metro Cities Fire Authority
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4 10. WAIVER OF RIGHTS (PMLGIO S)
6 The failure of COUNTY to insist upon strict performance of any of the terms,
covenants, or conditions of this License shall not be deemed a waiver of any right or
8 remedy that COUNTY may have, and shall not be deemed a waiver of the right to
require strict performance of all the terms, covenants, and conditions of the License
10 thereafter, nor a waiver of any remedy for the subsequent breach or default of any
term, covenant, or condition of the License. Any waiver, in order to be effective, must
12 be signed by the party whose right or remedy is being waived.
14 11. CONDITION OF LICENSE AREA UPON TERMINATION (PMLG12 S)
16 Except as otherwise agreed to herein, upon termination of this License, LICENSEE
shall redeliver possession of said License Area to COUNTY in substantially the same
18 condition that existed immediately prior to LICENSEE's entry thereon, reasonable
wear and tear, flood, earthquakes, war, and any act of war excepted.
20
12. DISPOSITION OF ABANDONED PERSONAL PROPERTY (PMLG13 S)
22
If LICENSEE abandons the License Area or is dispossessed thereof by process of law
24 or otherwise, title to any personal property belonging to LICENSEE and left on the
License Area 10 days after such event shall be deemed, at COUNTY's option, to have
26 been transferred to COUNTY. COUNTY shall have the right to remove and to dispose
of such property without Iiability therefor to LICENSEE or to any person claiming
28 under LICENSEE, and shall have no need to account therefor.
30 13. TIME OF ESSENCE (PMLG14 S)
32 Time is of the essence of this License. Failure to comply with any time requirements of
this License shall constitute a material breach of this License.
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14. NO ASSIGNMENT (PMLG15 S)
36
The License granted hereby is personal to LICENSEE and any assignment of said
38 license by LICENSEE, voluntarily or by operation of law, shall automatically terminate
the License granted hereby.
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/I
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ATTACHMENT II
EXHIBIT "A"
PLOT PLAN
LICENSE (Communications Agreement)
Signal Peak Communications Facility
SIGNAL PEAK
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Location Map
Location Map
PM 1239-7-6 ncp..d. RAY WC '
COUNTY OF ORANGE
Signal Peak Remote Facility ch■� O.C.S.D.ICOMML:NICATIONS
Metro Cities Fire Authority
SHERIFF/COMMUNICATIONS EXHIBIT A t)■w va�oof
9
ATTACHMENT II
EXHIBIT "B"
DESCRIPTION OF LICENSEE'S EQUIPMENT
LICENSE (Communications Agreement)
Signal Peak Communications Facility
• •
COUNTY FO GE—SI LP
DESCRIPTION OF EQUIPMENT
Transmitter Receiver
ign
F
WNFH922
mber
T5365A
Serial Number
680CAX0067
RF Frequency (MHz)
855.46250
810.46250
Tone Frequency (Hz)
CSQ
CSQ
Burst or Continuous Tone
N/A
N/A
Power Output (Watts)
31.5
ERP (Watts)
103.2
Type of Cavity
Ouplexer
Model No. of Cavity
CLF1070
Type of Antenna
Omni
Omni
Model of Antenna
Sinclair 4200100
(same as TX)
Crain of Antenna (dB d)
7.5
Direction of Radiation (°T)
N/A
Diameter or Length of Antenna (ft.)
12 est.
Type and Model of Feed Line
W in LDF Foam
Rack Space Required ('Vertical In.)
30
Owner of Equipment: METRO CITIES FIRE AUTHORITY
IQSP)PA
ATTACHMENT II
EXHIBIT "C"
FEE SCHEDULE (General)
LICENSE (Communications Agreement)
Signal Peak Communications Facility
0. 0
CURRENT FEE SCHEDULE (GENERAL)
One Rack Space (2' x 2' floor space x 7V2 high)
(Mounting space for two UHF/VBF Antennas
is included in the charge for a rack space)
Partial Rack Spare (2' x 2' floor space)
Space for Battery Chargers, Batteries, Cavities, etc.
(If this equipment occupies space that would normally
be used as radio floor space, the charge will then be
for rack space)
Microwave Antenna Surcharge per antenna
UHF/VHF Antenna Surcharge
(This will be charged if more than two antennas
are installed per rack space)
"MUM EXHIBIT C
$1,200/year
S 160 per vertical foot/year
S 300 per square footlyear
$ 300/year
S 150/year
RCA ROUTING SHEET
I INITIATING DEPARTMENT: I _ . FIRE I
SUBJECT: AUTHORIZATION TO APPROVE A COMMUNICATIONS
LICENSE AGREEMENT BETWEEN ORANGE COUNTY
AND THE METRO CITIES FIRE AUTHORITY
I COUNCIL MEETING DATE: I May 7, 2001 ,1
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not A
lical�e
Resolution (wlexhibits & legislative draft if applicable)
Not A
pl'cable
Tract Map, Location Map and/or other Exhibits
IN Not Ap
licable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome
JAttached
Subleases, Third Party Agreements, etc -
(Approved roved as to form by City Attome)
Not Applicable
Certificates of Insurance (Approved by the City Atfome .)
Not Applicable
Financial Impact Statement (Unbud et, over $5 0)V�/
Not Applicable
Bonds If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applic
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSt G ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff x
Assistant City Administrator (Initial)
( )
( )
City Administrator Initial
dz/1d
City Clerk
EXP
e_ RETUAN�OF ITEM:.,