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HomeMy WebLinkAboutReso. 1988-054 - Approving the microwave lease agreement dated january 26, 1988 between the city of redding and tele-vue systems, inc. ' a • RESOLUTION NO. 2r2\577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE MICROWAVE LEASE AGREEMENT DATED JANUARY 26 , 1988 , BETWEEN THE CITY OF REDDING AND TELE-VUE SYSTEMS, INC. , DOING BUSINESS AS VIACOM CABLEVISION, AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby approves the Microwave Lease Agreement dated January 26 , 1988 , between the City of Redding and Tele-Vue Systems, Inc . , doing business as Viacom Cablevision, a wholly-owned subsidiary of Viacom International, Inc . , a true copy of which is attached hereto and incorporated herein; and 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement and all necessary documents in connection therewith on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid documents, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of. Redding on the 2nd day of February , 1988 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter , Fulton , Gard , Johannessen , & Dahl NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None 110.•MIKE ',AHL, Mayor City of Redding ATTEST: FO PPROVEDD: 444- e-e-e-Kg•/(4 ETHEL A. NICHOLS, City Clerk RA DALL A. HAYS, City Attorney 411 411 LEASE AGREEMENT THIS AGREEMENT entered into this 26th day of January , 1988 , by and between the CITY OF REDDING, a Municipal Corporation and General Law City of the State of California, hereinafter referred to as "Lessor, " and TELE-VUE SYSTEMS, INC. , doing business as Viacom Cablevision, a wholly-owned subsidiary of Viacom International, Inc. , hereinafter referred to as "Lessee" ; WITNESSET H: WHEREAS, Lessor owns and maintains Fire Station No. 1 on Shasta Street, in the City of Redding; and WHEREAS , Lessee desires to attach an Andrew P6-122D antenna to the Hose Tower of Station No. 1 , per the attached diagrams, under a lease agreement; and WHEREAS , Lessee proposes to erect the antenna on the area so leased for the receiving and transmission of television and/or microwave signals, some of which signals will be transmitted through Lessee' s CATV cable system serving the Redding area; and WHEREAS, Lessor deems it advantageous to those of its citizens who will be subscribers to said CATV service to permit Lessee to lease the aforesaid area for this purpose; NOW, THEREFORE, IT IS AGREED as follows : 1 . Term. Lessor, for and in consideration of the covenants and agreements herein contained to be performed and kept by Lessee, does hereby grant, demise and lease unto Lessee, subject to all of the terms , covenants and conditions hereinafter set forth, that certain portion of the Hose Tower of Station No. 1 as described in the attached diagrams (hereinafter referred to as "premises") for the term of Lessee' s Franchise Agreement with the City of Redding. 2 . Consideration. In exchange for the use of said Hose Tower during said term, Lessee will, at no cost to Lessor, provide and install bi-directional capabilities for the City Council Chambers and the Old City Hall meeting room, which will allow the City Council or any agency using the Council Chambers to televise live any function or meeting taking place in the Chambers or the Old City Hall meeting room. 3 . Earlier Termination. Lessee covenants and agrees that Lessor may terminate this Lease at any time upon 120 days' written notice to Lessee in the event that Lessor needs the area for any governmental or proprietary purpose of Lessor. Lessor covenants and agrees that in the event of such earlier termination, Lessor will not unreasonably withhold from Lessee the opportunity to relocate the antenna facilities on some other suitable land or building owned by Lessor, so long as Lessee ' s use is not inconsistent with and does not interfere with Lessor' s use. 4 . Facility Standards . Lessee covenants and agrees to install and maintain the aforesaid antenna in such a manner that -2- III it does not interfere in any way with the present use of Lessor, or any present or future siren or radio communication system operated by Lessor, any portion of which is now or at any time during the term of this Lease may be located in or on said Hose Tower. Lessee further agrees to so install and maintain its facilities on said premises in such a manner that they will not in any way interfere with any siren or special radio signal systems installed by Lessor on or in the vicinity of said Hose Tower. 5 . Access. Lessor will provide Lessee with access to its equipment on said Hose Tower at all reasonable times. 6 . Use . Lessee covenants and agrees that it will not use the leased premises for any other purposes except those stated in this Agreement, and that it will expressly not erect any advertising signs or other advertising media at said location or on the antenna. The antenna shall also be of a color compatible with the location. 7 . Unlawful Use. Any equipment to be erected or placed upon the premises by Lessee must be constructed in accordance with the Uniform Building Code, or any other applicable Codes; any and all applicable laws of the State of California; and other applicable ordinances of the City of Redding and County of Shasta. Such equipment shall not be installed on said premises until Lessee shall have first obtained the approval in writing of the Fire Chief of Lessor in relation to the size and -3- s configuration of such antenna and its possible interference with the siren or radio signal systems, if any, installed by Lessor on or in the vicinity of said Hose Tower. No business or operation shall be conducted or carried on by Lessee in violation of any ordinance, law, statute, bylaw, order or rule of any governmental agency having jurisdiction thereover. 8 . Waste; Quiet Conduct. Lessee shall not commit nor suffer to be committed any waste upon the premises or improve- ments thereon, nor any nuisance or other act or thing which may disturb the quiet enjoyment of the use of the premises or surrounding property. 9 . Insurance. Lessee covenants and agrees, as further consideration for this Lease, that Lessor, its officers, agents and employees , shall be held free from any and all liability and claims for damages for personal injury, death or property damage in any way connected with or related to Lessee' s operations on the demised premises , or Lessee ' s use of Lessor' s land to gain access to said demised premises. Lessee covenants and agrees to indemnify and save harmless Lessor, its officers, agents and employees, from any and all liability, loss, cost or obligation on account of or arising out of any injury, death or loss caused by the negligence or other legal fault of Lessee, its officers, agents and employees. Lessee further covenants and agrees to procure and maintain at all times during the term of this Lease, at its sole cost and -4- 411 • expense, public liability insurance in the sum of $300 ,000 for one person and $500 ,000 for two or more persons, and $50 ,000 for property damage, and to have Lessor, its officers, agents and employees, named therein as additional insureds. Lessee further agrees to file and maintain on file with the City Clerk of Lessor evidence of such insurance in force at all times during the term of this Agreement, in a form to be approved by the Risk Manager of Lessor. Said insurance shall contain a provision obligating the insurance carrier to notify Lessor in writing at least ten (10) days prior to any cancellation or reduction in the coverage provided by such insurance. 10 . Inspection and Notice. Insofar as the same may be necessary for the protection of Lessor' s rights, Lessor or its agents shall at any and all times have the right to go upon and inspect the premises and any and every structure or improvement erected or constructed or in the course of being erected or constructed, repaired, added to, rebuilt or restored thereon, and also to serve or to post and to keep posted thereon or on any part thereof any notices provided in Section 1183 . 1 of the Code of Civil Procedure of the State of California, or any other section of the Code of Civil Procedure of the State of California, or any other notice or notices that may at any time be required or permitted by law. 11 . Assignment or Subletting. Lessee shall not assign this Lease nor any interest therein and shall not sublet said premises -5- or any part thereof, nor any right or privilege pertinent thereto, nor suffer any other person or entity, the agents and employees of Lessee excepted, to occupy or use said premises or any portion thereof without the written consent of Lessor first had and obtained, except in the case of the assignee, if any, of Lessee' s CATV franchise; and a consent to the assignment, subletting, occupancy or use by another party shall not be deemed to be a consent to any subsequent assignment, subletting, occupancy or use by another person or entity. Said consent shall not be unreasonably withheld. Any such assignment or subletting without such consent shall be void and shall, at the option of Lessor, terminate this Lease. This Lease or any interest therein shall not be assigned as to the interest of Lessee by operation of law without the written consent of Lessor; provided, however, that if Lessee' s financial arrangements require that this Lease be made assignable to Lessee' s lender, and said lender being a recognized lending institution, said consent to assign, including the lender' s right to reassign, shall not be necessary. Lessor agrees that it will not arbitrarily or capriciously withhold its consent required hereunder. 11 . Bankruptcy or Insolvency. If Lessee shall be adjudged bankrupt, either by voluntary or involuntary proceedings, or if Lessee should be the subject of any proceedings to stay the enforcement of obligations against it in the form of reorgani- zation or otherwise under and pursuant to any existing or future -6- •• laws of the Congress of the United States, or if Lessee shall discontinue business , or fail in business , or abandon or vacate said premises, or make an assignment for the benefit of creditors , or if said premises should come into possession and control of any trustee in bankruptcy, or if any receiver should be appointed in any action or proceeding with power to take charge, possession, control or care of said premises, Lessor shall have the option to forthwith terminate this Lease and to re-enter the premises and take possession thereof. In no event shall this Lease be deemed an asset of Lessee after adjudication in bankruptcy. 12 . Possessory Interest Tax. Lessee agrees to pay promptly when due any and all taxes assessed against its personal property and any possessory interest tax levied by reason of its occupancy of the demised premises . 13 . Notice. Any notices or demands that may be given by either party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows : To Lessor at 760 Parkview Avenue, Redding, California 96001 ; and to Lessee at 5797 Eastside Road, Redding, California 96001 . -7- 14 . CEQA. It. has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. 15 . The provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the City of Redding and Viacom Cable- vision have executed this Lease Agreement on the day and year first above written. CITY OF REDDING By: MIKE DAHL, Mayor TELE-VUE SYSTEMS, INC. , doing business as Viacom Cablevision, a wholly-owned subsidiary of Viacom International, Inc. By: TM,..Q C34444.44e Edward A. Bennett By: ATTEST: FORM APPROVED: ETHEL A. NICHOLS, City Clerk RANDALL A. HAYS, City Attorney -8-