SR-072396-6O
Contract
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City Council Meeting 7/23/96
Santa Monica, California
JUL 2 3 1996
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Execution of License Agreement with the City of Beverly
Hills to Allow Placement of Santa Monica Police
Department Radio Equipment on Beverly Hills city
Property.
INTRODUCTION
This report requests that the City Council authorize the city
Manager to execute the attached license agreement with the City of
Beverly Hills which will allow installation of City of Santa Monica
police radio equipment on City of Beverly Hills property.
BACKGROUND
Since the Santa Monica Police Department radio equipment migrated
from Low Band to the UHF radio spectrum in the mid 1970's, police
vehicles that travel outside of C1ty boundaries have difficulty
staying in radio communication w1th Police Department dispatchers.
In an effort to enhance radio reception in areas immediately east
of the city limits, the Police Department began researching site
locations that would provide the coverage necessary for reliable
communications.
In April of 1996, it was determined that an
additional
receive-only
site
at
the top
of
the
Santa Monica
JUt 23 1996
City60f 0'>'<;:;;-
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Mountains in Beverly Hills would provide that coverage.
Beverly Hills police personnel were contacted and a tentative
agreement (pending council approval of both cities) was reached
which would allow the Santa Monica Police Department to place, at
no cost to either city, receive-only radio equipment at a Beverly
Hills facility located on top of a mountain at 409 Walker Drive.
The Beverly Hills City Council has since executed a license
agreement and it is now being sUbmitted for approval by the Santa
Monica City Council.
BUDGET/FINANCIAL IMPACT
This is a no-cost agreement which will have no budget or financial
impact. All necessary equipment and installation thereof was
procured using FY1995/96 budget funds. FY1996/97 maintenance
expenses will be provided under warranty. Future maintenance will
be minimal and provided under 01-300-304-00000-3312-00000 as part
of ongoing radio service contract.
RECOMMENDATION
It is recommended that the City council authorize the city Manager
to execute the attached license agreement with the City of Beverly
Hills for the installation of Santa Monica Police radio equipment
on Beverly Hills owned property located at 409 Walker Drive.
Prepared by: James T. Butts, Jr., Chief of Police
LICENSE AGREL~NT
AGREEMENT NO.
[ L/7~ q(, 1
Th~s License Agreement ~s made and entered ~nto by and
between the C~ty of Beverly Hills, hereinafter "LICENSOR" and
the City of Santa Mon~ca, here~nafter "LICENSEE."
WHEREAS, LICENSEE has requested LICENSOR's permiss~on for
the placement of a single antenna w~th connecting cable on the
LICENSOR's 169 foot tower and emerge~cy publ~c safety cornrnun~cations
equipment ~nside the City's comrnun~cat~on bu~lding located at 409
Walker Drive, Beverly H~lls, here~nafter the "SITE"; and
WHEREAS, at the C~ty Counc~l Meet~ng of June 4, 1996, the c~ty
Counc~l granted LICENSEE's request for the use of the SITE.
NOW, THEREFORE, the part~es agree as follows:
1. GRANTING OF LICENSE
LICENSOR hereby grants to LICENSEE, at no cost, a L~cense
Agreement to use the SITE solely for the purposes of plac~ng
a s~ngle antenna w~th connect~ng cable on the LICENSOR's Tower
and plac~ng emergency public safety corr~un~cat~ons equipment
~ns~de the C~ty's cornrnunlcat~on bu~ld~ng located at
409 Walker Dr~ve, Beverly H~lls, adJacent to the Tower.
The LICENS2E agrees to place "RECEIVE ONLY" radio equipment at
the SITE.
2. ASSIGNMENT
No ass~grument by LICENSEE for the use of the SITE w~ll
be recogn~zed by LICENSOR unless such ass~grument has the pr~or
wr~tten approval of LICENSOR. ~~y such ass~gnpent w~thout such
consent shall be vo~d and shall, at the opt~o~ of LICENSOR,
ter~~nate th~s Agreement.
3. INDEMNIFICATION
LICENSEE shall protect, defend, ~ndemnify, and hold harmless
LICENSOR and its elected and appo~nted boards, officers, agents,
and employees from any and all cla~ms, l~abil~t~es, expenses, or
damages of any nature, including attorney fees, for ~nJury to or
death of any person, and for ~nJury to any property, includ~ng
consequential damages of any nature result~ng therefrom, ar~s~ng
out of or in any way connected w~th the negl~gent performance of
th~s Agreement by dct or om~ssicn, by or on behalf of LICENSEE.
4. INSTALLATION
Any proposed equ~pment and commun~cat~ons ~nstallat~on a~d
SITE alterat~ons, ~nclud~ng electr~cal and construct~on works,
must be subm~tted for approval ~n wr~t~ng to the Ch~ef of Pol~ce.
All work shall be done ~n accordance w~th local ord~nances and State
laws govern~ng such ~nstallat~cn.
5. TE~~INATION
Either LICENSEE or LICENSOR may =evoke or term~nate th~s
L~cense Agreement at any t~me, at the sole d~scretion of the
party term~nat~ng the Agreement, by g~v~ng th~rty (30) days
wr~tten not~ce of revocat~on to the other party. Upon
term~nation of th~s Agreement, LICENSEE agrees to restore
the SITE to ~ts or~g~nal cond~t~on. In the event of
LICENSEE's fa~lure to do so, LICENSOR may restore the SITE
and b~ll LICENSEE for the actual expenses of restorat~on.
6. NOTICES
All not~ces given under this L~cense Agree~ent shall be
addressed to the part~es as follows:
2
To LICENSOR:
C~ty Clerk
Clty of Beverly H~lls
455 North Rexford Drive
Beverly Hills, CA 90210
Tel. (310) 273-1096
7. NO INTEREST IN REAL PROPERTY
LICENSEE hereby acknowledges that th~s Agreement ~s a
license only and does not constitute a lease of or any ~llterest
~n the SITE and ~s subJect to term~nat~on as ~nd~cated ~n paragraph ~
above.
To LICENSEE:
Chief of Pollce
Santa Monica Police Department
1685 Ma~n Street
Santa Monica, CA 90401
Tel. (310) 458-8491
8. POSSESSORY INTEREST
LICENSEE, by s~gning th~s Agreement and accept~ng the
benefit of th~s L~cense, understands that a property r~ght may
be created known as "possessory lnterest" and lS subJect to
property taxation. LICENSEE w~ll be subject to the property
taxes upon such r~ght, ~f assessable pursuant to State or
Federal laws.
9. UTILITIES
LICENSEE shall pay for all related costs, fees or charges
for the ~nstallat~on, ma~ntenance or use of any util~t~es or
serv~ces requ~red ~n the performance of act~v~t~es pursuant to
thlS Agreement.
10. TERM OF AGREEMENT
The term of thlS L~cense Agreement shall be indefin~te
beg~nn~ng on the effect~ve date of this Agreement.
3
11. EFFECTIVE DATE:
The effective date of th1S L1cense Agreement is the
date it 15 signed by the LICENSOR.
Dated: June 4, 1996
BY:
~~~
FRANCES M. MAL~ECK,
CITY CLERK
}.\.PPROVED AS TO CONTENT: .I'.P,\:R.OVEY_S TO ~~f:
~a-;jL-
~~ SCOTT, ~~GORY STEPANICICH,
CITY MANAGER CITY ATTORNEY
~^A~ \~~_/-
~U<~~A1mONE,
CHIEF OF POLICE
_J
LICENSEE:
CITY OF SA.!\[TA MONICA, C.'U,IFORNIA
Dated:
BY:
JOHN JALILI,
CITY MANAGER
APPROVED AS TO FORM:
"),<7 L ( ,
! UJL~~"-^"""7 r~4;-"u"'tr
V~SHA JONES MOUTRIE,
CITY ATTORNEY
4
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