HomeMy WebLinkAbout08/03/1993, C-9 - ENTER INTO A LEASE AGREEMENT WITH SLO BROADCASTING FOR CITY USE OF THE HILL TOP PROPERTY LOCATED AT 2895 SOUTH HIGUERA. MEETING nATE: August 3, 1993
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ni;% COUNCIL AGENDA REPORT
From: Robert Neumann, Fire Chief
Prepared By: Lew Schmutz, Battalion Chief
Subject: Enter into a lease agreement with SLO Broadcasting for City use of the hill top
property located at 2895 South Higuera.
CAO RECONE%IFNDATION
By motion, 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
for a net fee of $600.00 per month adjusted annually.
DISCUSSION
For a number of years the City of San Luis Obispo has leased the use of a small building and
transmitter site located on what has been traditionally known as "KSLY Hill". This is more
appropriately described as the first small nob on the ridge extending from South Higuera Street to
Tank Farm Road and Broad Street. The site has served as the transmission tower and repeater base
for a number of commercial AM/FM radio uses, as well as a repeater site for the City's radio
communications system. The lease also includes the use of a satellite receiving site located on
City-owned property at 35 Prado Road.
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 an improved repeater system.
As the improvement program was implemented, we began to experience difficulties of a technical
nature in the shared use of the KSLY Hill site. A number of technical solutions were attempted
without success. The equipment engineers are now recommending that we separate the equipment
as it appears that the technical problems are the result of "bleed-over" and shared grounding
problems. The system has failed to meet City specifications and has not been paid for.
A new building, funded jointly by the City of San Luis Obispo and Motorola Corporation will be
installed approximately 300 yards to the northeast of the existing building. Staff is keenly aware
that this is a very sensitive site and will be working closely with the Community Development
Department to insure that impacts are kept to an absolute minimum. The new building
(approximately 10' x 12' x 8' in height) will be nestled in a low spot on the ridgeline and painted a
light tank color to blend into the hillside. Motorola is a partner in this project and has agreed to
share responsibility in correcting the problem. This is based on the fact that the City has
determined that in the initial program development, they should have advised the City that technical
problems could possibly exist.
Staff is also working on improving site access. The existing road is passable only with the use of a
four-wheel drive vehicle which has caused considerable difficulty in gaining access for the service
and repair of equipment. Solutions being explored,-including finding a new access route or
repairing the existing road.
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9900COUNCIL AGENDA REPORT
Based on the need to move the existing repeater site to a new location and the fact that SLO
Broadcasting is no longer utilizing the satellite receiving site at 35 Prado Road, staff has negotiated
a new lease agreement.
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.
The Community Development Department has reviewed the project and will be involved in the
issuance of all permits and approvals.
FISCAL IMPACT
The annual $7,200 lease amount has been included in the Fire Department's Fy 1993-95 budgets.
The Capital Improvement Program includes funds for the road improvement.
ALTERNATIVES
1) Do not approve the lease agreement and direct staff to negotiate 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.
ATTACffiIENTS
Attachment #1 Lease for Use of Property
_n_
AGREEMENT NO.
LEASE FOR USE OF PROPERTY
THIS LEASE, made and entered into this day of
1993, by and between the CITY OF SAN LUIS OBISPO (hereinafter,
"City") , a Municipal Corporation, and SAN LUIS OBISPO BROADCASTING
(hereinafter "SLO Broadcasting") , a California Limited Partnership.
WITNESSETH:
WHEREAS, the parties hereto desire to enter into an agreement
. whereby the City will lease within the upper three acres of the
parcel a space, identified in Exhibit 1, to build a 12' x 24 '
building pad and access to on-site power and emergency generator of
the Lessor's real property at 2895 South Higuera Street (identified
in Exhibit - 1 ) , San Luis Obispo, California, on which the
Lessee will operate radio transmission facilities for the Municipal
Government.
NOW, THEREFORE, in consideration of the promises and
agreements, covenants and conditions stated herein, the parties
agree as follows:
1. PREMISES LEASED,
SLO Broadcasting hereby 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 Hiquera Street
as more particularly shown on the attached Exhibit 1
incorporated herein by reference.
2 . TERM: OPTION TO RENEW
A. The term of this lease shall commence on July 1, 1993
and extend for a period of ten (10) years.
B. The City 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 six hundred dollars ($600. 00) per month for the
first year, which shall include the premises described above and
all electrical power needed for the City's equipment. The amount
of rent owed by the City shall be increased annually by four
percent (4$) on each anniversary date of the commencement of the
term of this lease.
1
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.
5. INCONSISTENT USE.
Neither party here to 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 on a 24
hour a day basis.
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.
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. MODIFICATION OF THIS AGREEMENT
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, administrator,
executors, successors and assigns of such parties, the same as if
2
644 4
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
Guy Hackman
General Partner
CITY OF SAN LUIS OBISPO
By:
Mayor Peg Pinard
ATTEST:
City Clerk Diane Gladwell
APPROVED AS TO FORM:
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