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Home My WebLink About05/21/1991, C-6 - RESOLUTION ENTERING INTO A LEASE AGREEMENT WITH SLO BROADCASTING FOR CITY USE OF THE HILL TOP PROPERTY LOCATED AT 2895 SOUTH HIGUERA AND SLO BROADCASTING USE OF CITY PROPERTY AT 35 PRADO ROAD. p I MEETING DATE: 1IIIN�{�1111 foil ll city Of San IUIS OBISPO 5/21/91 uWl NUMBER -COUNCIL AGENDA REPORT From: Robert Neumann, Interim Fire Chief +�J Prepared By: Erwin Willis, Battalion Chief Subject: Resolution entering into a lease agreement with SLO Broadcasting for City use of the hill top property located at 2895 South Higuera and SLO Broadcasting use of City property at 35 Prado Road. CAO RECOMMENDATION By resolution, approve and authorize the Mayor to execute a 10 year lease agreement between the City of San Luis Obispo and SLO Broadcasting for joint use of properties located at 2895 South Higuera and 35 Prado Road for a net fee of $300.00 per month adjusted annually. DISCUSSION In 1988 the City embarked on a program to improve radio communications for the Police, Fire and Public Works Departments using three microwave receiving sites and one combined repeater site. The repeater site is co-located with the KSLY radio station's transmission tower on a hill at 2895 South Higuera. The Fire Department has been using this site at no charge for many years, but since the new radio equipment will occupy more space at the site the owner would like a new lease agreement. The agreement covers two separate properties. The first site is the 2895 South Higuera location which the City will lease from SLO Broadcasting. The second site is at the City's Waste Water Treatment Plant at 35 Prado Road, which SLO Broadcasting will lease from the City. SLO Broadcasting will place a receiver dish at the Prado Road location, next to the KCBX receiver disk. The lease amounts for the 2895 South Higuera Street site will be $400.00 per month. The lease amount for the Prado Road site will be $100.00 per month. Both amounts will be increased annually by 4% per year. The net cost to the City of this lease is $3 , 600 the first year. CONCURRENCES The City Attorney's Office wrote the lease agreement and the Police and Public Works Departments have been involved in this project and concur with this location and lease terms. FISCAL IMPACT The annual $3 , 600 lease amount has been included in the Fire Department's Fy 1991-93 budgets. 1iIIN111,11,11,11,211L city of San tins OBlspo ammmCOUNCIL AGENDA REPORT Page 2 ALTERNATIVES 1) Do not approve the lease agreement and direct staff to negotiation a different lease amount. This alternative is not recommended because the lease amount is below the market rate for a radio repeater site. It is unlikely that staff could negotiate a lower rate. 2) Do not approve the lease agreement and direct staff to find a new site. This alternative is not recommended because a study was conducted at the beginning of this project which found that the top of San Luis Mountain was the only other acceptable repeater site. As the San Luis Mountain site would require extensive development staff does not feel it is an acceptable alternative at this time. ATTACHMENTS Resolution Attachment #1 Lease for Use of Property RESOLUTION NO. (1991 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GUY HACKMAN FOR CITY'S USE OF CERTAIN PROPERTY FOR LOCATION OF RADIO REPEATER EQUIPMENT AND GUY HACKMAN'S USE OF LAND AT CITY'S WASTE WATER TREATMENT PLANT FOR RECEIVER DISH SITE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Guy Hackman for the City's use of certain property for location of Police, Fire, and Public Works radio transmission equipment and antenna and Guy Hackman's use of certain property located at City's Waste Water Treatment Plant for receiver dish is hereby approved and the Mayor is authorized to execute the same. SECTION 2. Resolution No. 3909 is hereby superseded. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Finance Department, Fire Department, Guy Hackman. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: �-� - 3 the foregoing resolution was adopted this day of 1991 . Mayor Ron Dunin ATTEST: Pam Voges, City Clerk APPROVED: // T Ad tive Officer z/4olice Chief C;'y A mey Fire Chief Finance Director Public Works Director ATTACHMENT #1 LEASE FOR USE OF PROPERTY This lease, made and entered into this Id day of by and between the CITY OF SAN LUIS OBISPO (hereinafter, "Ci y") , a Municipal Corporation, and SAN LUIS OBISPO BROADCASTING LIMITED (hereinafter "SLO Broadcasting") , a California Limited Partnership. WITNESSETH: WHEREAS, the parties hereto desire to enter into an agreement whereby the City will lease approximately thirty square feet of the Lessor's real property at 2895 South Higuera Street, San Luis Obispo, California, on which the Lessee will operate radio transmission facilities for the Municipal Government and SLO Broadcasting will lease land at City's Waste Water Treatment Plant as a site for a receiver dish; NOW, THEREFORE, in consideration of the promises and agreements, covenants and conditions stated herein, the parties agree as follows: 1. PREMISES LEASED. SLO Broadcasting leases to City, and City hires from SLO Broadcasting, certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of the premises known as 2895 South Higuera Street as more particularly shown on the attached Exhibit 1, incorporated herein by reference. The City will move the existing site electrical generating plant to a mutually agreed location and place it in a weather tight, physically secure structure. In exchange, the City will utilize the space vacated by the generator for their transmission equipment, as shown on Exhibit 1. City leases to SLO Broadcasting, and SLO Broadcasting hires from City, certain real property located in the City of San Luis Obispo, San Luis Obispo County, California, being such portion of the premises of the San Luis Obispo City Waste Water Treatment Plant as shown on Exhibit 3. 2. TERM; OPTION TO RENEW. a. The term of this lease shall commence on �, 1991 and extended for a period of ten (10) years. b. Both parties hereto shall have the right to renew this lease for three (3) additional ten (10) year terms on the same terms and conditions set forth herein, upon the giving of sixty (60) days advance written notice. 3. RENTAL. City shall pay to the SLO Broadcasting as rent for this lease the sum of four hundred dollars ($400. 00) per month for the first year, which shall include the premises described above and all electrical power needed for the City's equipment. SLO Broadcasting shall pay to the City one hundred dollars ($100. 00) per month for the first year, which shall include the premises. The amount of rent owed by the City and the amount of rent owed by SLO Broadcasting shall be increased annually by four percent (4%) on each anniversary date of the commencement of the term of this lease. City will forward to SLO Broadcasting a check each month for the net difference in the lease amount. 4. PURPOSE. City shall be entitled to use the premises for the purpose of installing and operating radio transmitters together with such appurtenant facilities as may be necessary or convenient for the transmission of radio signals. SLD Broadcasting shall be entitled to use the premises herein leased solely for the purpose of installing and operating on the premises a Receive only Terminal facility as may be necessary or convenient for the reception of satellite radio signals. 5. INCONSISTENT USE. Neither party hereto shall make any use of the premises which is inconsistent with the other party's interest in or use of the premises. Neither party, its agents, employees or assigns shall perform any act which will impair or interfere with the other party's interest in or use of the premises leased or the premises of which the premises leased are a part. 6. RIGHT-OF-WAY: UTILITIES EASEMENTS. City shall have the right of ingress and egress from the premises leased and described above to the transmitter site along the existing route, on a 24 hour a day basis said route to be twenty (20) feet in width, as shown on Exhibit 2. City shall provide an easement affording SIA Broadcasting reasonable ingress and egress to the premises being leased. SLO Broadcasting shall improve, if necessary, and maintain the easement provided. SLO Broadcasting shall also be entitled to an easement for full utilities and telephone on, over, and across the easement for ingress and egress provided. 7. TELEPHONE LEASED LINES. City shall make all arrangements for and pay for telephone leased links to .the leased premises shown on Exhibit 1. Said leased line shall be installed along existing telephone company routes and facilities. SLO Broadcasting shall make all arrangements for and pay for all utilities and services furnished to or used by it on the leased premises shown on Exhibit 3, including, without limitation, gas, electricity, water, telephone service, and trash collection, and for all connection charges. 8. RESPONSIBILITY FOR NEGLIGENCE. Each party hereto shall be responsible for all claims and damages arising out of its own negligent acts or omissions. 9. TERMINATION OR MODIFICATION OF THIS AGREEMENT. a. Either party hereto shall have the right to terminate this agreement on twelve (12) month's written notice to the other party. b. Upon mutual agreement of the parties, City shall have the right to modify this lease to relocate its facilities to a separate location on the parcel of which the leased premises are a part, to construct a facility for their sole use as a permanent transmission facility. 10. TIME. Time is of the essence of this lease. 11. BINDING. Each of the terms and conditions of this lease shall extend to and be binding on and shall inure to the benefit of not only the City and SLO Broadcasting, but to each of their respective heirs, administrators, executors, successors and assigns. Any reference in this lease to either City or SLO Broadcasting shall be deemed to include, whenever applicable, the heirs, administrators, executors, successors and assigns of such parties, the same as if in every case expressed. 12 . RECORDATION. It is the intention of the parties that this agreement be recorded. IN WITNESS WHEREOF, the parties hereto have executed this lease on the date first written above. SAN LUIS OBISPO BROADCASTING LIMITED �` By Guy Ha kman General Partner CITY OF SAN LUIS OBISPO BY Mayor Ron Dunin ATTEST: City Clerk Pam Voges Approved as to form: Approved as to content: t ity A inistrative Officer Finance Director ire Chief olice Chief Public Works Director �, } .;. r -� `` , J�� —. �:� . o . , . o ,� __ ,_� o �., �. C c —ti � _ \\ _ C m � 7' °�, 0 s CL�t... wrE. S c_� - 9 r ' Y ' is r At • nl /Ow t r'1 n Y ,I �. G q I uCFS �, S7;