Loading...
HomeMy WebLinkAboutReso. 1987 - 126 - Approving the sublease agreement between the city of redding and pacific cascade communications corporation, dba kvip radio 111 • RESOLUTION NO. 371.26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE SUBLEASE AGREEMENT BETWEEN THE CITY OF REDDING AND PACIFIC CASCADE COMMUNICATIONS CORPORATION, DBA KVIP RADIO, FOR THE LOCATION AND OPERATION OF POLICE RADIO TRANSMITTING EQUIPMENT ON SOUTH FORK MOUNTAIN, AND AUTHORIZING THE MAYOR TO SIGN. BE IT 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 Sublease Agreement between the City of Redding and Pacific Cascade Communications Corporation, dba KVIP Radio, a true copy of which is attached hereto and incorporated herein by reference; and 2. That the Mayor of the City of Redding is hereby authorized and directed to sign all necessary documents on behalf of the City of Redding in connection with said Sublease Agreement, and that 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; and 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 5th day of May , 1987, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Fulton, Gard, Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: /"' FORM APPROVED: " , ®'s , ETHEL A. NICHOLS, City Clerk RA: DALL A. HAYS, Ci' y Attorney SUBLEASE THIS AGREEMENT entered into this 18th day of April, 1987 ,. by and between the CITY OF REDDING, a Municipal Corporation and General Law City of the State of California, hereinafter referred to as "City, " and PACIFIC CASCADE COMMUNICATIONS CORPORATION, a Non-profit Corporation, doing business as KVIP Radio, hereinafter referred to as "KVIP" : WITNESSET H: WHEREAS, KVIP leases from the United States Bureau of Land Management certain real property on South Fork Mountain, west of Redding and north of Shasta Bally, where it maintains its radio transmitting equipment; and WHEREAS, City subleases a portion of KVIP' s radio transmitting facility, namely space for one rack of equipment, for the location and operation of its police radio transmitting equipment, subject to approval of this Agreement by the Bureau of Land Management; NOW, THEREFORE, IT IS AGREED as follows: 1 . Term. KVIP does hereby grant, demise and lease unto City, subject to all the terms , covenants and conditions herein- after set forth, that portion of KVIP' s radio transmitting facility on South Fork Mountain which is described in Exhibit "A" attached hereto and incorporated herein by reference, for a term of two (2) years, commencing April 1 , 1987 , and terminating March 31 , 1989 . 111 • . , .11k 2 . Rental. City shall pay to KVIP as rental for said portion of the facility the sum of Seventy-five Dollars ($75. 00) per month, payable in advance on or before the first day of each month during the term of said Lease. 3. Right of First Refusal. If, during the term of this Sublease, or any extension hereof, KVIP relocates its transmitting equipment to another site as has been contemplated, City shall have the first opportunity to purchase KVIP' s building in which the transmitting equipment is located, the antenna tower, and the cyclone fence at the then appraised value, and to assume KVIP' s Lease of the premises, subject to approval by the Bureau of Land Management. 4. Facility Standards. City covenants and agrees, during the term of this Sublease, to install and maintain its equipment in such a manner that it does not interfere in any way with the present or future radio communications system operated by KVIP which is now or may be at any time located on South Fork Mountain. 5. Access. KVIP will provide City with a key to the facilities to enable City to have access to its transmitting equipment at any and all times, and City covenants and agrees to instruct its agents and employees to keep said facility locked at all times except when actually using it. 6 . Insurance. Each party shall be free from any and all liability and claims for damages for personal injury, death or property damage caused by the other. Each party shall be -2- responsible for its own negligence, and shall hold the other, its officers, agents and employees , harmless from any and all liability, loss, cost, or obligation on account of or arising out of any injury, death or loss thereby caused. KVIP shall maintain at all times during the term of this Sublease, at its own expense, public liability insurance in the sum of $100 , 000. 00 for each person and $300, 000. 00 for two or more persons for personal injury coverage, and $100, 000. 00 for property damage; and shall name City, its officers, agents and employees, as additional insured, and shall furnish City with a Certificate evidencing such insurance and guaranteeing City at least ten (10) days ' notice in writing prior to any cancellation or reduction in such insurance. Inasmuch as City is self-insured, City shall provide KVIP with an Agreement to Indemnify and Hold Harmless, attached hereto as Exhibit "B" and incorporated herein by reference. 7. Assignment or Subletting. City shall not assign this Sublease or any interest herein, and shall not sublet said premises or any part thereof, or any right or privilege pertinent hereto, or suffer any other person (agents and employees of City excepted) to occupy or use said property or any portion thereof without prior written consent of KVIP and the Bureau of Land Management. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any such assignment without such consent shall be void and shall , at the option of KVIP, terminate this Sublease. -3- .►. • . 8. Cancellation. Either party may cancel this Sublease upon giving the other at least thirty (30) days ' advance notice in writing. 9. 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. 10. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF REDDING By: MIKE DAHL, Mayor PACIFIC 4tSCADE COMMUNICATIONS CORPORM'IpN, d.. -KVIP RADIO By: Aki , at, By: ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney -4- III - EXHIBIT "A" Space for: One equipment rack occupying a three foot by three foot (3 'x3 ' ) portion of the KVIP building located on South Fork Mountain, west of Redding and north of Shasta Bally, with a radio pole and antenna. -5- 411 • • EXHIBIT "B" AGREEMENT TO INDEMNIFY AND HOLD HARMLESS In consideration of the Sublease granted by Pacific Cascade Communications Corporation, dba KVIP Radio, to the City of Redding dated April 18 , 1987 , to locate and operate its police radio transmitting equipment in a portion of KVIP' s radio transmitting facility on South Fork Mountain as described in Exhibit "A" to said Sublease, during the term of said Sublease or any renewal thereof, the City of Redding hereby agrees as follows: Pacific Cascade Communications Corporation, dba KVIP Radio, and its respective officers, agents and employees, shall be free from all liability and claims for damages by reason of any injury to a person or persons, from any cause or causes whatsoever, in any way connected with the City' s use of the property which it leases from Pacific Cascade Communications Corporation, dba KVIP Radio, as set forth in the Sublease dated April 18 , 1987. City of Redding shall indemnify, defend, and hold Pacific Cascade Communications Corporation, dba KVIP Radio, its officers, agents and employees, harmless from all claims , expenses, demands , causes of action, liability, loss or injury, regardless of the nature or character, in any manner whatsoever, on account of or arising out of or related to its use of said property, unless such be caused by the sole negligence of Pacific Cascade Communications Corporation, dba KVIP Radio. Dated: , 1987. MIKE DAHL, Mayor City of Redding ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS , City Attorney -6-