HomeMy WebLinkAboutRES 1983-79 - Board RESOLUTION NO. 83- 79
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
A14ENDING THE FEBRUARY 15, 1965 , LICENSE AGREEMENT
BETWEEN THE DISTRICT AND TOM' S TV TO PROVIDE FOR
THE ASSIGNMENT OF SAID LICENSE AGREEMENT AND AN
INCREASE IN THE INSURANCE COVERAGE PROVIDED THEREIN
WHEREAS, on February 15 , 1965 , the TRUCKEE-DONNER PUBLIC
UTILITY DISTRICT, as Licensor, entered into a License Agreement
with THOMAS KIRBY, doing business as TOM' S TV,, as Licensee., a
copy of which is attached hereto as Exhibit "A" , providing, among
other things, for the use of the District ' s power poles by the
said Licensee; and
WHEREAS,, on February 17, 1976 , pursuant to Resolution No,,
7604 , a copy of, which is attached hereto as Exhibit "B" , the
District resolved to amend said License Agreement, and
thereafter, pursuant to an Addendum To License Agreement dated
February 24, 1976, a copy of which is attached hereto as Exhibit
"C" I the License Agreement was amended; and
WHEREAS, MICKELSON MEDIA, INC. , is the successor in interest
to the Licensee, intends to sell Licensee and its business to
WESTSTAR COMMUNICATIONS, INC. , and has requested that the
District consent to the assignment of the License Agreement and
all amendments and addendums thereto, to WESTSTAR COMMUNICATIONS,
INC. , and
14,hEREAS, District Counsel and District Management have
reviewed the existing agreement,, together with amendments and
addendums thereto, and determined that it is advisable to consent
to said assignment and to amend Paragraph 21 thereof, to increase
the amount of liability insurance maintained by Licensee;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of
the TRUCKEE--DONNER PUBLIC UTILITY DISTRICT, as follows:
le Said License Agreement shall be and hereby i-s amended
to provide for an increase in the amount of liability coverage,
which amendment is set forth in the Addendum To And Assignment Of
License Agreement attached hereto as Exhibit I'D" . -
2* The District consents to the assignment of the License
Agreement, together with all amendments and addendums thereto,,
including the amendment set forth in Paragraph 1 above, from
MICKELSON MEDIA, INC. , to WESTSTAR COMMUNICATIONS, INC*
3. All other provisions of said License Agreement, and all
prior amendments and addendums thereto, are hereby ratified and
confirmed.
4. The President of the Board of Directors is authorized
to execute the Addendum To And Assignment Of License Agreement, .
Exhibit "DII hereto, and obtain the signature of MICKELSON MEDIA,
INC,, , as Assignor,, and WESTSTAR COMMUNICACTIONSF INC. ,, as the
Assignee and new Licensee.
PASSED AND ADOPTED by the Board of Directors of the TRUCKEE
DONNER PUBLIC UTILITY DISTRICT at a meeting thereof duly called
and held within the District on the 19th day of December, 1983,
by the following roll call vote:
AYES: Cooley, Corbett, Duffy, Hamilton and Maass.
NOES: None,.
ABSENT: None.,
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By: •
ODAMES MAASS President
ATTES'.1':
Not=
Susan M. Craig,
Deputy District Clerk
f
Z LICENSE AGREEMENT
Z THE TRUCKEE PUBLICUTILITY DISTRICT, a body politic, here� - ,
inafter called Licensor and THOMAS KIRBY, doing business as
3 TOWS TV, hereina fter called Licensee, mutually ag�ee that the
• � following terms and conditions shall govern Licensee s use of
4 poles in which Licensor has an ownership or other interest, locaep
ted within the areas in or neat the Town of Truckee, County of
6 Nevada , State of California, which are delineated on the map
� hereto attached, marked "Exhibit "A", and hereby made a part herec
e
1. Licensee 's use of said poles shall be conf ined to
? supportfng those cables, wires and appliances, together with
associated -messenger cables , guy wires, anchors and other appuY-
. 8 tenances, all hereinafter called equipment , which Licensor has
given Licensee written permission to install. ' Licensee may use
9 said equipment in s community antenna television system operating
within the aforesaid areas to distribute television programs to
lo the homes and businesses of Licensee's subscribers within said
areas.. Licensee any make incidental use of said equipment f or
11 distribution to its subscribers of FM. music (studio-originated .
or off-the•air) of the occasional transmission of other televisfor
12 signals for educati al or entertainment purposes. Licensee
shall use said equipatient only for such community antenna televi-
13 sion and related incidental purposes.
14 2 . Whenever Licensee shall desire to place equipment on
any of said poles, Licensee shall make written application, in
15 triplicate, to Licensor for permlssion to do so substantially
• in the form hereto attached Marked "Exhibit B,A and hereby made
le a part hereof. If.,.said app fAcation is approved, permission to
place the equipment°' descrilre.i .in said application on the ole or
17 poles therein identified shill be granted by Licensor or its duly
authorized manager , agent , of representative , by signing one copy
lg of said applicatton in the place provided therein for that pun-
pose, and returning said signed copy to Licensee .
19
t.. .,
3pon receiving said signed copy of said application,
20 but not beft e, Licensee shall have' the right to install, mafntait
and use its'f*equipmenr dezcribed in 0 said application on the pore oi
21 PO
les ident-ified 'ther'einle9 'provided, however , that before commencii
any such installation Licensee shall notify Licensor of the time
22 keen it proposes ,,to , ,do said work sufficiently in advance thereof
so that Licensor. may arrange Co have its representative present
23 ! when such work is , perfnYmed, and provided further , that Licensee
� shall complete stt�h installation within such reasonable time
241� limit as may be specified in said approved application.
25 ' 4. ensee shall not have the right to place , nor shall
11 it place, ari ` ditiuttal equipment on any pole used by it hereundt
2g without ft ' king application for and receiving .permission to
do sa, all;. .o ��'e'sei.bed in Paragraph numbered 2 hereof; nor steal .
27 ' Licensee +�h, +� I*.'',"Osition of any equipment on any pole hereunder
1 without LiCF"` � '. �s YiaY written approval *
}i� 4'nsee shall , at � is awn sole risk and expense,
29 � place and ,aatintafn said equipment on said pok es (i) in a safe con
4ition- tad ",�.n� tl�c�Yc+ugh ire air
(ji) in a manner suitable to Licen.
30 = s uY and. �d,; not to conflict or interfere. wLth the working use
of a�tfd.�;pd eye1
14 4
'b �Licensor or others using s�ai d poles, or with the
31 �: W«rking tts oU�i�i���ties of Licensor or ethers on or from time tc
time P13c*d,,�C►n , �cai3t� pQies, send (ii ) :n conformity with such te-
• 32 quiYea�nt's ;and �tpeciEicatiuns as censor shalt from to time
prescribe.", a�d� wi th �rl.l. laws, and t e regulations, orders , and
t
•VrV1♦ f0 �• �1
1
1� Exhibi,,,
.
ob
r
1 d 3:Yeee of. all lawfully constituted bodies and tribunals. partain-
ins to pole line construction, including, without limitiAg the
scope of the fozegoLn General Order No, 95 of the Public Utiles
3 �tics Couinission of the State of California, and any supplements
thereto and revisions thereof.
a (b*) Licensee shall coarplete the installation of its
equiprwnt an the pile or piles covered by each approved individual
5 application within such tide limit as Licensor shell de&Lgnate on
• said applic�t.on far such installation*installation; and in the event Licensas
8 should fail 4o ccmtplrte the Installation of its equipment on said
? pole or poles within said prescribed time limit, the permilssion
granted by icensor to p ace paid equipment on said pole of poles
g 31ta11 there auCosivaricall.y be revoked and Licensee shall not have
� the right to place said equipmR:nt on said pole or poles without
9 first reapplying for and rcccivi�g geermission to do $o, 811 asF:esczibzd inparagraph nun�iered 2 reof.
20 6 (a) If in the judS nt of Licensor, the accocoodatio�n
11 of atzy of Licensee's equipment necessitates the rearrangement of
facilitie:; on a pole o: the replaccanent of 8 poles Licensor will
12 indiate on said application the necessary changes and the esti-
tr.ated cost thereof and return it to Licensee; and if Licenses ati
13 desires to use said pole or such replacing pole and returns the
application marked to so indicate. Licensor will make such pole
14 replacenent if required, and Licensor will make, and will request
other a#ncre if an of said existing facilities to make, such
15 rearrangements or transfers of said existing facilities as mad bs
required, all at the soles risk and expense of Licensee, and Licenve
16 8ee, on demand,, will reimburses Licensor and each such other vwoe=
f ur the entire expense thereby incurred by each of them. Licenspr
, 17 shall not be responsible to Licensee for any loss sustained by
Licensee b reason of the failure of any such other owner to makes
18 such reaYYangemeata or transfers.
(b) If in Licensor's judgments Licensee'sexisting
19 e qu ipme�t ar� r�ny po le fatcYferes with or prevents, the placing of
20 any facilities thereon Yaqaired by Licensor or by any other owner
of an interest is or of facilities on said pole, and if said f aci-
21 lines could be placed on said pole by removing Licensee's equip-
uent the=sfroa�, or b searsap�gi�
a� the existing facilities (exclud"
22 ing rearsangeeat o� Lieegstt's aquip nt alone) thereon, Licensor
say notify Licensee of the xeazsaageenta of existing 'f aeilities
23 or pole icplae�sa�ec�t aid temsfer• ;i-existing facilities required
in order to c�atiaue tt�o �eeomQdatioA of Lice�aee'a aquipmeat.
24 roseChKs with an estimate of the cost of a�akiag stay such changes;
and if Lice-mee dosives to couciswe to .maintain its equipment an
25 paid pole or such replseiaa polo sad so notifies Licensor, Licenso
will ftuim such pole Leplacmae if required and censor will a�a
26: sad vill =eq"st ot I Ys, if and of said existing facilities
co msk� such xcs�crac�,amaat• o� tira�sferd of said eacisting f aciliew
2? tips WLi at the so�� r isk end expense of Licensee, and Liceasee.
on deumd, gill teiwbur oe Licensor aid each such other owner for
28 the en tire Aft
espeoso ussed by each of theta. Licensor she 1
not b%.! reop408 any loss sustained by Licanseo
. 29 by scascn bthez oat'eY to tmise such
` least qcrM�I► � ; dcas trot so notify Li
cen-
�t'� 30scm Li�tnsec ' '�ts �gttipae�nt from such pole within
• , . chicly, �30) day"s `ftkft.i aotificatioa fro% Licensore
31 If Licensee should regales aqui -eat is a location upon
any public thorougtifure or other I Le aye PCjVtoa property. and
4 � 'Licensor shall not have poles so l as to fulfill Licensee •
• Z -
see COW011 04 so.
..�._...... .._.,._.............: „.:.�.........,...,. n...: .,.,.._..<.,.-...—..s..,s.. _.�..>. ..-.«,...,..._,.. :rr-.. w.+-•. ...,' tom•. ''�"'s
low
ki
I require mente, Licensee shall notif y Licensor of its need for such
poles in order that Licensor may deter no whether it wishes to
2 glace poles in such location. If Licensor is milling to erect
poles in such location adequate to care for the service require-
3 cents of the parties heretog Licensor shell so notify Licensee and
thereupon Licensee 811a11 make application under this Agreemnt fog
4 perctission to place its equipment thereon* Upon receipt of said
S application Licensor shall proceed to erect said poles.
8. In order to keep the numboY of poles on public thorough
e fires and elaec�t�oYe to a practicable minimum Licensee agrees not
to esGct any sole of its own in or near nea� any location where Lice*"
7 saY is killing to accoc�aaodate Licensee�s egsipm�ent or to provide
a pole adequate to accom�odate Licensee • equiparent. Licensee
e fur ther agrees not to erect any pole of its own near as existing
pole until Licensor has notif ied Licausee that it is wawillin� to
9 sccoawdate Licertsee's equipment; and not to erect any Icensee
oleo of its
own where no potcs exiot until Licensor hss notified L that
10 Licensor does not desire to erect pules is Such location.
it 9. Nothing in this Agreement shall be construed to obligat
Licensor to granc Licensee to
ermisoioa to use any patticulaac pole o
12 poles. If such petmission refused, Licensee is free to make .
any other arrangement it may wish to provide for its equipment at
13 the location in question,; and in the construction sad maintenance
of pole lines required therefor, Licensee agrees to conform to the
14 lequirciricnts of Gcneral Order No. 95 of the Public Utilitties Com-
mission of the State of California, and any supplements thereto
15 and revisions thereof.
18 10. (a) Licensee, at its acm sole risk and expenses shall
provides own and maintaineuch guys and anchors as are required to
. 17 hold- the strains of its equipment on said poles in all cases where-
Licensee's anchorage requirements are not coincident with those of
18 Licensor .
19 (b) In general, in those cases where the anchorage
requirements of Licensee and Licensor are coincident, the strains
20 of Licensee's equi psmart and of Licensor's facilities on said poles
Shall be held by thR: seals guys and anchors; h(rwever, in individual
21. cases when is Licensors judgment such procedura is desirable,
Licei4eex at its own sole riek and expense, shall provide, ma and
22 maintain separate guys or anchors, or both, to hold the strains of
its equipment on said poles.
23
(a) In those cases �►
24 where existing guys and anchors
are i�adcyquotQ to hold licensee's strains and oeporate guys and
anchors are not desived or ifl5uys and anchors being used6y Licen
25ses should be inadequatete ho additional strains of Licensor
acid any t►tt�s ants or owners of facilities on said poles,, or and
Zs of tbeo� tcoaultiqg fm the placement of additional facilities ou
said poie�c mad wid guys and anchors would have been adequate to
27, � Isola the �ddLtdoaal strains if Licensee's strains were removed
�8 tttieteftos� LAL�sasas &�1l cause the existing guys and anchors to b
rep � vl.ti�'��a�oqusts guys and anchor s at the sole risk and expen s
._ °.. � .., 29 o�� � on damnd, �rf11 seimburae Licensor fox
i .
4, , ,
30 � to itself and to each otheso�wc1er of
Us' the sight to msiAtaia said poles and to
32
_ ��•c:t i�.,,i`aaii�iss th�erreoa in such a manna= as will best
cnaLlo `two to lttlfill theLr own service requirements, and neither
32
. Licensor nog my said other wmeY shall ba liable to Licensee for.
f
IaWII all*fMN�t�W�
&rveaSWVG L&W
1"a COW019*&Me$ 016". 3 40
�y�y1r.iN11��M�
' �.. .•... .�r•s•i4.. ..*.•e;� �i�J64i.�3;& �l►�.► .J+•�M...rwr..�►.-ur� i• .•
any interruption to Licensee a service or for aay interference Wit
the operation of LieenSOelsf*acilitiee Licerwov �d from
C
2 use of said poles ntsd the said other dunes aor shall Licensor be liable�to Licensee, or
3 any other person, by reason of any work, act activity, oY opeYati
. of utilityonade, done$ undertake�1g oar ca=rieS on by Licensor.
4
12, Licensee will obtain from public authorities and
5 private arner6 of real pxopert any and all permit, licensee or
grant s necessary for the lawful exercise of the permission granted�
g by any application approved hereunder , and Licensee shell e
to Licensor evidence of caapliance with the foregoing Yequixemeats
. ? prick to or at the tin of making appllCetion f or permissi to
e place said equipwent on said pole or poles.
13. Licensee shall at any timR at its awn sole =irk and
9 expense. upon notice from Licensor, relocate, replace of renew sal
equipm..nr or tYan��eY �t to replacing poles, or peYfoYm any other
to work in connection sAth said equipwnt that may be required by
Licensor * provided, however , that in cases of emergency, Licensor
it may. at Licensee's sole risk and expense, relocate, replace or
renew said equipment, transfer it to replacing poles or pelfOrm ats
• 12 utl�s work in connection with said equi paunt that may be sequised
in the u►.ii.citenance, replacement. removal or relocation of said
13 poles or ttw faciltties thereon of which may be placed thesea4,
or for the service needs of Licensor or any other owner of an
14 i�t�reset in said pole or of facilities thereon, And Licensee, on
dea�nd, will rei u�bursc Licensor for the entire expense thereby
15 incurred*
16 14. Licensee may at any time remove its equipment froa� any
of said poles and, in each such case, Licensee shall L diately
• 17 give Licensor written notice Hof such Yemoval in the number of cops a
• and in the ford from time to time prescribed by Licensor. Removal
18 of said equipment from any pole shall constitute e termination of
Licensee'8 t ight to use such pole.
19
15. For the privilege of placing and intaining said
20 equipment on said pole, Licensee shall pay to Licensor so mi-annua 1)
in adv8tice, amounts to be computed on the 1st day of Januarl and
21 au the 1sC d�ey of July of each calendar yea= during tha ex ateoce
• of this AVeeMent at the rate of Two Dollars and Fifty Cents
22 ($2,50) for each pole, per annum, used by Licensee on the date of
eompvtati said sws being payable semi-anrually and the aggtegat
23 aa�unt of paywat being determined by .audit, as hereinafter pro"
24 viaEa.
Sesai•anwall 091 or abut July let and January lit of each
25 Y ear$ censcnc � icEnsee rhall J aintly audit the cumber of pole
in use whicta @M11 establish the patyment due, in advance. for the
• 26 next six woatbs period. Za the event additional Kereinabove
oleo ba put in
4ee, during thr porfod between audit, the char ga set
27 rortk sl�all be paid in advance, pro-sated to the next succeeding
28 ntidit datc, 'und is the event, during the Pe-
ofriod between auditp use
and polas by Licet�atee hsreundat be abaaoaed or discontinuede
29 Licencee chssll first ,00ti.fy, Ucawar thereof in vritirg in ndvsace
which no�iR� .; ` � *,,;: Y�a� designate tt�e pole vs poles the use
of vbir d os disooe�tLnued, and the date on which
30 the staffs wilt occur; fa which event the charge therefor sh911 be
Pro4prated as of the date of such sbandoamee t or di scant inuance, or
31 the dace specified in said notice, whichever shall be later.
32 By giving six (6) nthe notice to Licensee, Licensor may
• M . from time to time increase or decrease the rate specified shave,
LAIP
y�Nru�����frwN�aN
6,04,00 COWWOS*&WIt eteo. 4
,e
i
q.
i
1 a9 of the date a�i which the seia-annual peymant he 1 eeffectivg
2 �b�cs Provid::d for is to be cuca�sited next f ollowing the expiration
o tO
; said six (6) ntionths. If such changed YBta is riot acceptable
-
g Licensee qLicensee may terminete t11i� Agreement as h PTOV
ded.
4 16. No use however xtendad. of any of said poles under
5 this A&reement $hall create or vest in Licenseo Ct ciYe in shall p ber
ptoperty xiglets thuLein. but Licenuee's rights ole or pole
g and rec�sin a ae�:e license, which as to any particular P
a
may bu t�rmivated uC any time Y�y Licensor upon thixt 30) day8. - Licetinea ehnll Yemave uipa�n
� �r�yt��n notice �u Licensee� end daysi* t;othingfirm sr►id pole arpul�� �itt�ia s.�i.d tl►i.t Cy (30)
• g herein contained �1all be construed to COc�p al Licensor to maintaia
�i YcvintP01C c:z polc:e for a period longer than dem`anded by
arLy F t
g itia can Service xequ.rem.:uts.
17. Licensee small c:xercisa ueciel precautionLicensats to i snd others
10 Liccuece's c�us ink dorsaru to tKo fac ilities of
11 on paid roles; end I.tcensee shall assume all responsibility for an
and all loss from au�li damage. Licensee shall make 8a i=uediate
12 rcport of tho occurxcsIccs of ally such damage to the aWner of the
damaged facilitiestand shell an demando 8i��ur8e said °'w�eY fog
13 the entire e�xpenbe incuYrc-d in QLaking p
14 18* 0 ticenbOr shall have t� right to inspect each t�etir
insts,latione sre a e uipwent on �d it the vicinit of eai
of Lie a �
' 15 poles as�d to cwko periodic inspectione, semi-annually or o taros
as pleat conditions may warrant p of such of Licensee s pleat as it
16 deems n►ecessbry. Such inspecti s, made or not, shall not Yeliew
LicenSeG of auY Yeepoua�bility, obifgatfon or liability assumed
17 undos this Agree nt. .
19, Licenosee covenar► sad agrees not totsif��paid
ice
18 to any s�b6eziba= without obtaining a signed c tract
taLUa prnvfeion subatantiallp, as follvwst
lg eubaCs ib�ar con
20 "Subsctfber understands that in providing telQvisioo
antenna sssrice (Licensee) is mr�kin� use o f oles owned by
Tim Truakse public .Utility District or in whTch said Disw
Zl tYict has an oaaerehip oY ��her interest, and that the cats-
timed use of these poles is in no way guaranteed. In
{ 22 the event the ccrntinu+ed use of such piles is denied to
23 Iicen3ec)L for any reason (Licensee) will make every Yeas
able effort to P;bVidg service over alternate routes. Sub
de
24 scriber aEreos that h* will make no claim not undeYtaka any
action asainst The Truckee Public Utility Disidttict the
25 hoving as wnerobf p ocmathat inCezest in sapole
so�cvica to ba provided by �Licen�ee� bereuader is inter-
26 xupted vc discontiowd."
27 Tim fcwa of s's Contr t wi its subscribers shall 9
.s
ject, to approval by censor vith respect to the inclusion of th3
28 rolt ov�.sioa.
Lose Licensar
29 � � lities on said poles,
��. �. . s aistrators,
-Mom
3o dam: � �Y� any and a11
cls�os" ; s,� ��'oL`�ct�oet;� • �aOsrs of jiisbilitteBs
32 in 4 or equity "o! ov�s� 'icit�d'an� tsataYs WhatsooveY ditectly
caused by (a) the ineta32 0� pacoocimstely,resuiting fsoN �titation,
aainteranee, use oac soa�o-ral of said aq P ui mant on or from said
w6114Nf ass fNr""
899001adte&V kaM
�� 11 ilY�tt•ave *too.
• 1 0 AV do Goo"
ovine, or (b) any intarrupti discontinuance$ of interference
2 ��th Licensee's service to any of its $ubecribere occasioned or
c1ai�•.�d to have Ikets occasioned by auy action of LicenSOV or each
g other such ormeY, or any two or more of them, pursuant to oY con-
HisC�:tit with this Agreewnte and Licensee ettall. upon demand and
4 at its own sole risk and expenses defend, any and ell suite, action
a]:� othe'r legal proC%.eadLngs t-Phich try be Dr.ought or instituted by
5 lt�i.rd parsolts against Licensor, or acey o theTsuch owner, or two
or more of Owam, or ti�w %0
;.r respective boire adv�LniBtratora, e .ecu-
g tors, successors or ansi gn6, on any such claim, demand or cause of
action; and shall pay end catiofy any judgment or decree which any
? be rendered ngaigist Licensor, or any other such owner , or any two
or more of theme, or their respective heirs, administrators. execu-
g tars, successors or assigns, in any such snit, Action or other
legal 1�roceedInE; and =urflier , Licensee shall reimburse Licensor
. g end each other Such ak�nur for any and all legal expense incurred
by each of t11eti in coiuiect:ion tljerewtrh.
10 21. Throughout thc� life of this lgceemeat Licensee shall
it maintain in fullorco and effect with 8 carrier or carriers
'. ecl.uc:ted by Uctle:;ee
A;id satisfactory to Licensor
12 (a) Cure �sisiiC� Lisuranceon it Compliance with 811
13 Worn Compensati Insurance and Sa'fety Laws
of the State of CalifornLa and amandcxn[s thereto
� 14 (b) Bodill lnj=y Liability Insurance with limdLte of
15 $2009uO09 each petson, and $500,000. each
acc=repce; and
lg (C) pro ��srty Damage Liability Insurance with limits
17 of �50,000, each accident, and $100,000, O&V
agat .
18 '"Ma insurance described fa (b) and (c) , above, shall alsoravida
. contractural liability eaveYsgs satisfactory to Liceneorath
19 respect to liebilitjo assumed by Licoasee under the pr ovisieaas of
parFgrAph numberesd hereof. Written proof of compliance with th
• 20 re qcsirea,�nta of this paragraph numbered 21 shall be filed with
end approved by Licensor prior to the installation of any said
21 eqnlpment ou said poles; and ptior to the expiration of each polio
year thereafter, .14
22 22. Licensor shall have the night to require Licensee to
23 furnish a bond to cover th* faithful performance by Licensee of
its obligations Ca m&iC: t31a P&Ytente pro%vided for is paragraphs
24 numbered 6 and 15 hereof* to pay the preutiu for the insurance
prcrjided for in paragraph numae:pd 21 hereof and to Yeazzve or to
25 lsBY for the: reraMesl of its eqttIpecr t from said poles. or and of .•
;:h�m� if this Agreeszrt should be terz:inated in whole or in part
2 6 pursuant to 4ragraph nwtlserteJ 23 or paragrah numbered 29 hereof.
If e�irh a band is acquired by Licenror . it gritall be issued by e
2? coccaQrcial uv�din� cq�nup oele^ted by Licensee and satisfactory
to Licensur; .:.I1 not be subject to toy cation of cenculLation
28 hxceQt upon ninety (90) dava' prior utittea uutice by registered
cai � to i.icensot; el1al.� t,t! i n &uc11 form �;:fn Such a�ou�it, not to
q e d �s�� :.'1111,1 speci�`y'�`t oai eteit to tie..;
2 x�l ,
?stiva as nfarcsaid , shall be
e ��.�.•e tl�ros�fiout tho li.fe of this
+r w , all 11L� i�1 addition to S.a�r:l other bird
31 •�a To as a part or 'its extension policylp
SuretysZ � tits on the bcme. d mentionod in paragra h .
., A, n ed 22 heieof should givy notice of the cerasinatian o said .
bond, or if Licensee should default in its obligations under pare-
Mt�w�ark era��pW
•/fMri �t� �
6 It �l�IMf�� I• 0 .
II
' ;rApiie �usa�t�ared 19 and 21 hereof, or I. TLicensee syocld defa�slt inZ
-i .�n otltez of its Obligations under ths� AX.16aemera and cuch def ault
Z il t�ti�ll continue for thirty �30) dAys �ftL,,Y written notice thereof,
3 'I Licensor mSy9 by a written notice to Licenst.a, fort1&o,-A*A-.h terminate
t; thi.e Agzcev:nnt or forthwith terminate any or a11 permits granted
4 #� by it he.reunderp and Licensoce shill rc:ciave itzi egctiiprc.�•nt from the
� �+oles to which s:ctd termination a3piies withtn thiztv (30) days
tl:�
24. (a) If Licensceshould 6efault in Pc:r.to:risnce. of
git
l�any work which it; �bli�.�r�.3 to do under this* CXcCpC
? the work of Ytmrsvii.is Its eSuipL.r.nt frd"'n any poles w1t!41n the Cicw
to allowed for suc-h. work, Licensor w-sy elect to do su�h work at
g License'ssole Y ial; und expense and Licensee on demand shall
} reimburse Licetnsor for the ent{ro expe...-aise thereby incurred.
� 9
(b) If Licennee should do-fasUlt tra the rc�oval o" its
10 � f yuipwent from arty pole within :t►o- tir:x: allaoeu for such removal.
. Licensor nsy elect, by a written notate to Liccinsee, (L) to remove
11 said equipment at Licenecess sole risk and expense in which avert
Licensee shall xeirottiurs� Licensor as :t�m�n� f�� tf�e entire expense
12 thereby incurred, or (ii) to bccomp. the sole und absolute ownes of
said equipment in which event title to sate equipsant shall vest i
13 Licensor 8s of the date of suety wr iLt-en neat ice.
25* If Licensor or any o�he� c�:�teY or o^.:cue=g of an interqw
14 ' est in or of facilities on said polen should brIne, any suit actin
' 15 or ether legal proceeding against Licenerae, it or they sh��l� be
entitled to recover, in addttion to any Jud&w,.%,.nt or dtcree for
16 costs', such reasonable aztorney's fees as it or they o�y have ium
curled in such suit, action, or other legal ps-w aceedinga. ..
17 26. The failure of Licensor to etii'ores any prov' sLon o�
is ' this Agreement or the waives thereof in any instance shall not be
construed as a general waiver or �:eliriquishr.;cnt on its pert of any
19 such provision but the samo shill never!•1ie let;s be and remain in
full force and effect.
20 '
27. All amounts Pay"able. by' loicen-nee to Licensor or others
21 under the provisions of this Agzec:n�caC shall, uc:Iees otherwise
specified, bw pay able within thi.Yty (30) dnys after presentation
22 of bills therefor . Nonpay�rnt of ac�y s�lch amount when due shall
constitute a default of •r_his Agreew.nt*
23 28. Nothing herein contnined shall. be cons.trucd as affect-
24 in& am rights or privileges ' previounly conferred by Licensor or
any othex owner of, an interest ito or of: facill-tien on said polefl,,O
25 bg c�tsaet os otherwise, upon others to u9e any poles covered by
ti• AgreenOntee and Licensor and each other such owner shall have
28 the Yltht to continue and extend ;uc:r xi o.hts or Privileges, The
ptjvjl�eges tLerein granted to Licensee shall a" all rinse be sub jec
27 to any such existing contracts and 3rranrement.00..
28 29* Unless soona: terminated as herein provided, this
cement shill so in in effect far a term of one (I) year from
29 "to bezoof ad shall cu»tfnue i6n effect thereafter . aub ect
to:�t��r�Cioa �t� Whale ot�ineithe by�8� least six (6) mantbs
gotice in t�ncitiag fr Y Pry
..a the other . At the ex
P � �� said aeries, alI rights and ,.
Aw.
to poles affected by said
31 P d
sot! nate, and Li usee shall Zaizove said .
32 P �'�KE�ow��� � .�pOlss within said period. y . '
Aq
ter Usti of this.Agreement. in whole or in part shell 4
Atopelet"s see$10AMOS Irv,
&?,probe.0 memo 7
y j
s �
• 1 • _y ��...• •,• •M• • I •'_•' 00M'ram • .• - • ` • r •
e' •, r-dr...•+•..r�r•r•� ��•�►�• • __-_ •i...���•MW Off•, •
th
•
' , + •••'
1 •
liabilityo obli ation hereundet
lease Licensee from► sny r 8not Yed ox whch
• Jndcnmityor other�wioe, which a�8y have accruewhither of
ing2 cL= Ue sccxucrt
which ax i see, out of any claim that aa8y have
Y e time of termination.
cd car �� be accruing at the �
hcc�ru y
3 ,
shall t1L�t�
30. Licencee • without the r i oar consent in
�
transfer or sub e t an privilege
�4 writing of Lie-ensurg_ ausigng tr s• - without sus consent, assi ,
-%o •d to it Itelcuilde , nor shall i
�a•13�t.t�.
. � percon to une en of its 8ai• an�f.or bublet of p�.r mi•t any othcr Subject
y
5 ti ' • to t:he foregoing,
+- eu to Lic•.nsox s
�• u�.f.u�n r a_L dc2�
� � benef of and be minding upon
rt � - anal �.�,ure tt, the ft6 t� i s Agreemantsor s and
' ' .'�,'t.� i'tG�x s admIni cotr ator s, executor s� BUC4�8
G;A respective 7 assl rns of Lhe PattleS, tio�eto. •
g Arid It is futther agreed. as a water ial consideration hereft
• ice.Asee ov ain and purchase electrical energy
ur�d�: t.�a � sll�►11 t
�
hereunder so l.e 1y from the Licensor.
hisAgreewnt notice i.s provided or xo-
31 . tl�ie�ever its t
to hereto to the other , suc�i notir
tv begiven by aither party
quized. .� �. . ma or by
• �Lanswtttea b united States it •
otsail too. in w�.f.t�n�, aid 9 p its office at
solla I doBiely UZI�efisor_per
or to at is c
12 '
-� .• ....♦ as the case asay be
at • ••
- ._...,..��.... as e''"•t�:erpartyevre to may. from tiawe to
o to sup,, ofhat ad Jess
I3 x
I
time , designate for that purpose. •
14 Apreementact to such than es ox
shalt be sub g�2. Znle
re.Zg modificationsficatiGns as y
be uired or aut orized by any regulatory
m9► q
o��i sc Lon in the exercise' of its lawful ,jurisdiction. and any
c L ns#.on of this Agreement
ration revision, renewal or ex e
18 i�odzf i .
shall so state. Neothing heroin contained or incorporated, howevet
• modify the rights,hte dutieeg or obligation,
;,Hall liwitq reg�.ri�.t, ox ca y $ �• Z7 of theState of Calif-granted ax by the
of Licensor
in effect of hereafter enacted.
1� arnf a� as now , ,
• r.
Datede 19
19
20 TR4UCKEE PUBLIC UTILITY DISTRICT .
1
• 2 Bye
• President
4
22 _
23 and, •- •
ecre tary
24
LICENSOR
25
26
27 H I r doin us d s e as T _'S
28
a .
1 e # }
-
30
31
32 a# a
•
•
��1••�•!rliir t[�� -
70a.��t.I• &•
"COON" .&WO Ala• a
-wy1• lM�INn�• ,
WMMMM_
•
V.
r
• . r.6, O��-r�1"►�'•r•-s�:��:.�.,,:r'�i•.�iI �R w: i •r,o�•.+�Iti! �11M►S�=�ii �
•
• APPUCATION AND P T - .
.• + .•
t
No•
a 0
In accordance with the terms of the Agreement dated �
19 covering use of poles in and near •
.1 � ' s nernzls�ti ss toplace and a znta n carts ne u pment on cere==eb r�.que t o
Y
e $ mopao-ticularlydascrabed and deli�neate on the sketch
tin pc►1.�.s, all s re
and JAZOEIrva aopearing on the attacleed drawing(s) .
Dated: 19,
By*
Parrission is hereby granted to place the abovQ-described equipment
on t he above opidentif ied pole(s) , subject to:
(1) the terms and conditions of the above aunt i ones d Agreement l and
(Z) receiving authorization to walce , at our sole risk and ex nse,
g
the ct: g
an es and rearraneements detai ad on the attached s eat
esti ted to cost $ •
Installation of said aq uipwnt on said pole(s) sball be -completed
within days from the date bereof, failing which the permianion hereby
granted &hall autocratical ly be revolved.
Dated; IQ
TR UCKEE PUBLIC UTILITY DI�ICT
By*-
*You are herebyauthorized to awake the abovewmentioned chap es and
B
rearr"igements at our risk and expense*
]Dated, . 19
-MINIM
By:
WOO-0-0 _ 1000000
IOTEO Mien no c zangen or ream angements Are involved. delete item (2)
in the paragraph granting peratt6sion to place e ' P poles
of went on
avid delete the paragraph authorizing changes an rearrangements
to be made at risk and expense of the licensee..
�11 BIT "B"
` 1 6 , ` GYP ' .[�( 1•x��,• ,
AN
fo
• I
• • • • • • - . ..•�r_ rr • w
t
u.
1 17/76
ADDENDUM TO LICENSE AGREEMENT
2
g This Addendum to License Agreement is made by and between
4 TRUCKLE-DONNER PUBLIC UTILITY DISTRICT, hereinafter called the
5 "Licensor" , and TOM' S TV SYSTEM, INC. , a corporation, hereinaf ter
� g called the "Licensee" .
7 1. The original License Agreement, dated February 15,
$ 1965 , was made by and between the same parties but at that time
9 the Licensee was then known as TH4MAS KIRIIY, doing business as
10 TO:d' S TV. Said original agreement, except as herein stated, is
11 hereby ratified and conf irmed.
12 2. Paragraph 15. page 40 of said agreement is stricken,
13 and, in its place the following is hereby- substituted:
14 15, (a) Pole Charge: .'or the privilege of placing and
maintaining said equipment on said poles, Licensee shall pay to
15 Licensor semi-annually in advance, amounts to be computed on the
1st day of January and on the 1st day of July of each calendar
is Year during existence of this agreement at the rate of Four
Dollars ($4, 00) for each pole, per annum, used by Licensee on the
17 date of computation, said sum being payable semi-annually and the
aggregate amount of payment being determined by audit, as hereinew
18 a f ter provided.
19 Semi-annually, on or about July 1st and January 1st of
each year, Licensor and Licensee shall jointly audit the number of
Zp Doles in use, which shall establish the payment due , in advance,
for the next six months period. In the event additional poles be
21 put in use, during the period between the audit, the charge here-
inabove set forth shall be paid in advance, prorated to the next
22 succeeding audit date, and in the event, during the period between
audit, use of any poles by Licensee hereunder be abandoned or dis"M
23 continued, Licensee shall first notify Licensor thereof in writing
in advance, which notice shall specify or designate the pole or
24 poles the use of which is to be abandoned or discontinued, and the
date on which the same will occur; in which event the charge there
25 for shall be prorated as of the date of such abandonment or dis-
continuance, or the .date specified in said notice, whichever shall
26 be later.
27 By giving six (6) months' notice to Licensee , Licensor
may from time to time increase or decrease the rate specified
28 above, effective as of the date on which the semi-annual payment
hereinabove provided for is to be computed next following the
Zg expiration of said six (6) months. If such changed rate is not
acceptable to Licensee, Licensee may terminate this agreement as
30 hereinafter provided.
31 (b) Connection Charge: At the time of adding any
new connection points or metering points , Licensee shall nay to
82 Licensor the sum of $ �c� � at the time of adding each
yJ
Page 1.
E x hi bi t
yL
1 additional connection or metering point,,
2 Dated: February IV 1976. '
3
• � � TRUCKLE-DONNER PUBLIC UTILITY
� DISTRICT
� 5
BY �
„ s AXANDEAS
, r si ent
7
� By •
$ PAUL Ii08E14SACK, Clerk
9
d1v
10 .. TOM' S TV SYSTEM, INC. ,
A corporation .
11
. .' IZ gy
�..
13 %000)
24
15
16 -
17
19
20
21 .
. 22
. 2.3
24
25
26
2?
28
. 29
30
31
32
Page 2.
•i
ADDENDUM TO AND AS S IGMENT OF
2 LICENSE AGREEMENT
3
4 This Addendum To And Assignment Of License Agreement is
J
made by and between the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
6 s r MICKELSON MEDIA INC. , (Assignor) and WESTSTAR
(Llcen o } , �
7 COMMUNICATIONS, INC. , (Licensee) . The parties hereto agree as
follows.
14 ' n 1 License A reement dated February 15,
1 . The original � g Y
11 Licensor and THOMAS KIRBY doing business as
1965, between i � g
12 TOMS TV, together with all amendments and addendums thereto,
13 duties responsibilities and obligations
and all rights, , p 9
14 created thereby, are hereby assigned from Assignor to
15 ' d original License Agreement, together with all
Licensee. Say. o igz g g
16 and addendums thereto is hereby ratified
previous amendments , Y a
17 s amended in the following
and confirmed, except a 9
1s
19" h 21 page 6 of the original License
2. Paragraph , on p g
20 and ' n its lace the followin isAgreement is stricken, a ip g
21 1
1
hereby substituted:
22the life of this Agreement Licensee
21. Throughout g
shall maintain in full force and effect with a
carrier or carriers y 23 rriers selected b Licensee and
24 satisfactory to Licensor;
(a) Compensation Insurance in compliance with
2� Compensation Insurance and Safety
et
all Worker' sp y
26
Laws of the State of California and amendments
thereto; and
27insurance o1is inamin4b} A liability policy, g
98 Licensor as an additional insured, with a
Nosinglelimit for bodily injury ur and
combined y � y
2.9
property damage of ' $4 , 000, 000.
30
The insurance described in (b) above, shall also
provide contractual liability coverage g satisfactory
to Licensor with respect to liability assumed by
31 a provisions ofparagraph number 20
Licensee under th. p
hereof. Written roof of compliance with the
. P
.i2 paragraph number 21 shall be
requirements of this
filed with and approved by Licensor prior to the
s 1�
hi?� bip
ir
d
1 installation of any said equipment on said poles and
prior to the expiration of each policy year
2 thereafter.
3 DATED: December / , 1983.
4 Licensor: Licensee.
5 TRUCKEE-DONNER PUBLIC WESTSTAR COMMUNICATIONS, INC.
6 UTILITY DISTRICT
7
ByBY
8 JAMES MAASS President
9
io Assignor:
11 NIICKELSON MEDIA, INC.
12 Y
B
13
14
15
16
17
1$
19
20
21
22.
23
24
25
20
27
28
29
30
31
3211
_2_