80-014f - Cable TV Tripartite agreement with United Artists Cable and De Anza College, Reso. 8411RESOIIJTIC N NO. 8411
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTIlI0
APPROVING AMENDMENTS TO THE TRIPARTITE AGREEMENT
WITH UNITED ARTISTS CABLE AND DEANZA COLLEGE
AND AUTHORIZING EXECUTION THEREOF
WHEREAS, an agreement between the City of Cupertino, Foothill-DeAnza
Co mminity College District and United Artists Cable Television of
Cupertino, Inc., outlining the terms and conditions regarding Section 3.32
(operation standards) of the Franchise Agreement (entered into on October
14, 1980) designating certain requirements in regard to public access
channels, public access studio, and local educational channels has been
presented to the City Council; and
WHEREAS, said agreement amends the tripartite agreement originally
made and entered into on April 6, 1981, to develop a more effective plan
for audio/video equipment repair and maintenance at DeAnza College; and
WHEREAS, said agreement has been approved by the City Manager and the
City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are
hereby authorized to execute the agreement herein referred to in behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 17th day of June , 1991 by the following
vote:
Vote Men bens of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo
NOES: None
ABSENT: Koppel
ABSTAIN: None
/s/ Nick Szabo
Marr, City of Cupertino
ro Tempore
ATTEST:
/s/ Dorothy Cornelius
City Clerk
1
CABLE TELEVISION AGREEMENT BETWEEN FOOTHILL-
DEANZA COMMUNITY COLLEGE DISTRICT, UNITED ARTISTS
CABLE, AND THE CITY OF CUPERTINO
Effective July 1, 1991
THIS AGREEMENT, originally made and entered into on the 6th day of April,
1981, by and among the CITY OF CUPERTINO, a municipal corporation of the
State of California (hereinafter referred to as City), UNITED ARTISTS CABLE
TELEVISION OF CUPERTINO, INC. (hereinafter referred to as UNITED), and the
FOOTHILL -DE ANZA COMMUNITY COLLEGE DISTRICT (hereinafter referred to as
DE ANZA COLLEGE), is revised to read, in its entirety, as follows:
WITNESSETH
WHEREAS, the City and United entered into a franchise agreement to
construct, operate and maintain a community antenna television system on
October 14, 1980; and
WHEREAS, Section 3.32 (operation standards) of said Franchise Agreement
designated certain requirements in regard to public access channels, public
access studio, and local educational channels; and
WHEREAS, The City, United, and De Anza College have mutually agreed that it
is in the best interest of the community to have De Anza College assume these
obligations;
Now, THEREFORE, in consideration of the covenants and conditions herein
contained, the parties hereto agree as follows:
SECTION I
DE ANZA COLLEGE agrees as follows:
1. To assume the responsibility for, and to faithfully perform those obligations
originally committed to by United in its Franchise Agreement with the City
which relate to the operation and maintenance of public access channels,
public access studio, and local educational channels excluding the government
channel in the community antenna system. It is understood and agreed that
the obligations with respect to the aforesaid portions of the community
antenna television system are set forth in the following documents:
(a) Application dated December 27, 1979 from United Cable Television
Corporation to the City of Cupertino for the franchise;
(b) Chapter 6.28 of the Cupertino Municipal Code.
In the event of any conflict between or among the provisions contained in
the above listed documents, this Agreement shall be deemed controlling.
2. To supervise, maintain, conduct and operate, in accordance with the best
community antenna television industry practice, those activities of the
W,,
community antenna television system which relate to the public access
channels, public access studio, and local educational channels, but excluding
the government channel.
3. To fund all television staff positions, including one local program
coordinator, and to assume responsibility for the management of the operating
budget for the public access channels, public access studio, and local
educational channels but excluding the government channel. All positions
related to the assumption of these franchise related responsibilities will be De
Anza College staff positions. De Anza College agrees to provide that level of
staffing necessary to fulfill the requirements of the community antenna
television system with respect to public access channels, and the public access
studio, but excluding the government channel.
4a. To take ownership of the equipment owned by United as listed in Appendix
A. De Anza College shall maintain, repair and/or replace such equipment, in
accordance with the manufacturer's technical specifications, required for
proper operation.
4b. To take ownership of that existing equipment that was purchased jointly
by the City, United and De Anza College, and also that equipment that has been
purchased from funds administered by the Cable Television Advisory
Committee for the use of the public access channels (as listed in Appendix B)
and to maintain, repair and/or replace such equipment, in accordance with
the manufacturer's technical specifications, required for proper operation.
Failure to keep the public access studio operating in accordance with the best
community antenna television industry practice shall constitute cause for
action as set forth in SECTION II, Paragraph 9 and SECTION III, Paragraph 2.
4c. Equipment purchased after July 1, 1991, paid for by City, without
contribution from De Anza or United, shall, upon termination of this
agreement belong to City and shall be assigned to the franchise successor.
Equipment purchased after July 1, 1991, paid for by De Anza, without
contribution from City or United, shall, upon termination of this agreement
belong to De Anza. All equipment not listed in Appendix A or B and which was
purchased by United prior to July 1, 1991, shall remain the property of United
and will be removed by United at the termination of this Agreement.
(Appendix Q.
5. To lease 3,600 sq. ft. of land to United for all receiving and transmitting
equipment as per the separate lease in Appendix D of this Agreement. The
Lease Agreement is a separate and distinct document and the terms, conditions
and covenants of this tripartite Agreement do not affect the terms, conditions
and covenants of the Lease Agreement. In addition, De Anza College agrees to
provide a maximum one foot wide easement from the headend site for
underground cable to the public access studio, Flint Center, Learning Center,
and off -campus. The route of these easements as well as all utilities to the
headend will be approved by De Anza College prior to construction.
6. To grant United twenty four hour access to the headend located at De Anza
College.
7. To allow United to continue the use of the existing tower with a maximum
height of 100 feet as shown in the attached Lease Agreement (Appendix C).
3
8. To remove a tree which, when the United microwave dish is lowered, would
block reception of signals to it, as further referenced in Section II, number 2,
below.
9. To indemnify and save harmless the City and United, their respective
officers, and employees from and against any and all claims, demands, actions,
suits, and proceedings of any and every kind (including those brought
because of an alleged violation of proprietary or copyright interests) and any
and all judgements, expenses and costs resulting therefrom (including
reasonable attorney's fees) arising out of the supervision, operation,
maintenance, and/or conduct of the public access channels, public access
studio, and local educational channels.
SECTION II
UNITED agrees as follows:
1. To provide all line maintenance and repair services for the cable
distribution system (excluding the channel modulators) which carries the
public access channels, local educational channels and the institutional
network. To comply with the terms of the separate Lease Agreement between
Foothill -De Anza Community College District and United dated 4/6/81, Appendix
D.
2. To transfer to De Anza College ownership of all equipment owned by United
listed in Appendix A. United will discharge its obligation to repair or replace
equipment and provide service manuals and any costs other than those
outlined in Section II, No. 6, by paying to De Anza College, within 30 days of the
signing of this Agreement, the sum of $16,000, which sum will include
payment to De Anza for removal of the tree referenced in Section I number 8,
above.
3. To provide opportunity to De Anza College's Public Access Director to include
information on public access and local educational programming in United's
promotional literature, mailings, and schedule distributions.
4. To assist De Anza College in connecting local educational and public access
channels with community antenna television systems provided by TCI
Cablevision Sunnyvale, South Bay Cablevision of Santa Clara, South Bay
Cablevision of Saratoga and Heritage Cablevision of San Jose or their assigns or
successors, including the installation of underground and overhead cable to
those companies whenever United's construction plans are along the same
route. De Anza College and/or the other cable companies will pay for all labor
and materials necessary to complete these connections.
5.
To assign, to the extent it is technically
possible and reasonably practical, to
De
Anza College one cable
channel number
which is the same as those
available
in the following
channel systems:
TCI Cablevision Sunnyvale, South
Bay
Cablevision Santa Clara, and South Bay
Cablevision Saratoga.
6.
In consideration of De
Anza College assuming the responsibility for the
maintenance, repair and/or
replacement of all the equipment used for access
programming, together with all other programming costs, outlined herein,
United will pay to De Anza College annually, in four equal quarterly payments
due on the first day of each quarter, a sum not less than $40,000 per annum.
This sum will be increased annually effective July 1 of each year by an
amount equal to the April Consumer Price Index for the San Francisco
/Oakland Bay Area. The first quarterly payment will be due on July 1, 1991 or
seven working days following the effective date of this agreement, whichever
is later. Subsequent payments will be due Sept.1, January 1, and April 1.
Payments that are 20 days or more late shall accrue interest from the due date
through the date of receipt by De Anza at a rate equal to the rate of interest
paid by the County of Santa Clara on funds deposited with the County by De
Anza.
7. To permit De Anza College to use at no cost the television receiving tower
and/or earth satellite stations for a low power UHF transmitting antenna
and/or other De Anza College related needs to the extent that such does not
interfere with the receiving and transmitting operations of United. United
shall have the right to sub -lease tower space in accordance with the terms of
the Lease Agreement between United and Foothill -De Anza Community College
District (Appendix D).
8. If De Anza College fails to perform any part of this revised Agreement,
United shall give De Anza College written notice of such non-performance and
De Anza College shall have thirty days to cure any non-performance. If a
dispute arises as to the performance or non-performance of the obligations of
De Anza College under this Agreement, said dispute shall be referred to the
Cupertino City Manager for determination regarding performance or
nonperformance. If a satisfactory solution still cannot be achieved, the
dispute shall be submitted for binding arbitration in accordance with the
procedures of the American Arbitration Association.
9. If, following notice of non-performance, an opportunity to cure any non-
performance, and, if necessary, referral of a dispute to the Cupertino City
Manager, De Anza College continues to fail for any reason to perform any part
of the revised Agreement, ownership and possession of all the equipment
listed in Appendix A shall be returned to United together with any parts
purchased for the maintenance and repair of said equipment so that United
may assume responsibility for the performance of franchise -related
operations herewith transferred to De Anza College except for the operations
of the local educational channels. If De Anza College fails for any reason to
perform all or any part of this Agreement, United shall have the right to
operate the public access studio at De Anza College for the remaining term of
this Lease Agreement. In the event that De Anza College defaults it will return
to United the unexpended portion of the quarterly prepayment made to De
Anza College by United within seven working days.
10. To indemnify and save harmless De Anza College, City, their respective
officers, and employees from and against any and all claims, demands, actions,
suits, and proceedings of any and every kind (including those brought
because of an alleged violation of proprietary or copyright interests) and any
and all judgements, expenses and costs resulting therefrom (including
reasonable attorney's fees) arising in any manner out of United's use of any
programming from the public access, local educational or institutional
channels.
R
11. To sell to De Anza College during the term of this agreement equipment
and/or contractor services at United's cost where United is not precluded from
doing so by contractual or tax reasons.
SECTION III
THE CITY OF CUPERTINO agrees as follows:
1. To allow De Anza College to assume the authority, responsibilities, and
obligations of the franchise awarded to United as outlined in SECTION I,
Paragraphs 1 and 2 of this Agreement.
2. To allow De Anza College to take ownership of City purchased equipment
listed in Appendix B, and to maintain, repair and/or replace said equipment. If
De Anza College fails to perform any part of the revised Agreement, all of the
equipment listed in Appendix B plus any equipment purchased in replacement
of equipment listed in Appendix B together with any parts purchased for the
maintenance and repair of said equipment shall be returned to the City.
Equipment purchased solely with City funds after July 1, 1991, shall be owned
by the City and maintained and repaired by De Anza College.
3. To pay to De Anza College 35% of the amount the City receives from both
cable companies in franchise or other fees, as referenced in City Resolution
8209. This amount shall be paid in four equal payments due July 1,
September 1, January 1, and April 1. De Anza College shall provide detailed
quarterly reports satisfactory to City and supported by copies of invoices for
all purchases. Capital expenditures of these funds must be approved by the
Cable Television Advisory Committee. De Anza College will also be responsible
for submitting an annual budget projection showing how it anticipates
expending the funds that De Anza College receives from United under SECTION
II, Paragraph 6 and from the City under this paragraph.
This budget projection should indicate what amount will be utilized to fund
the salarylbenefits of the Public Access Director, part time staff, materials and
supplies, equipment repairs, Community Informational Services (Annual
Awards Ceremony), fixed asset acquisition, etc. Quarterly reports from De Anza
College shall reflect the percentage of the projected budget that has been
expended to date. The budget projection and quarterly reports shall be
presented to both United and the City.
In order to allow De Anza flexibility for major equipment purchases, a larger
amount may, upon approval by the Cable Television Advisory Committee, be
advanced for one quarter. In the event such an advance is made, a
corresponding reduction for the following quarter(s) will be made so as to
remain within the annual allocation.
The Cable Television Advisory Committee will, as part of the budget writing
process, consider increases of the City's annual allocation, in the proportion
that income from franchise fees increases. Upon receipt of this information
by De Anza College from the City and, if applicable from United, De Anza
College should submit the projected budget referred to above, so that the Cable
Television Advisory Committee may include this information in its budget
rel
presentation to the City Manager and the City Council. De Anza College may
bring requests to the Committee for special grants for specific projects. Such
requests will be subject to the availability of funds and approval by the Cable
Television Advisory Committee and the Cupertino City Council.
4. To indemnify and save harmless De Anza College, its officers and employees
from and against any and all claims, demands, actions, suits, and proceedings
of any kind (including those brought because of an alleged violation of
proprietary or copyright interest) and any and all judgements, expenses, and
costs resulting therefrom (including reasonable attorney's fees) arising in
any manner out of the City's use of any programming from the public access
and local educational channels.
5. To permit De Anza College to select and approve new and replacement local
origination/access franchise equipment, as approved by the Advisory
Committee and paid for under the terms and conditions outlined in the
Agreement. Such selection shall be subject to and conditioned upon the final
approval of the City.
SECTION IV
AGREEMENTS APPLICABLE TO DE ANZA COLLEGE, UNITED, AND THE CITY OF
CUPERTINO
1. Each party to this Agreement shall observe and comply with all valid laws,
ordinances, statutes, orders, and regulations now or hereafter made or issued
respecting this Agreement by any federal, state, county, local or other
government agency or entity having jurisdiction.
2. This revised Agreement shall be effective commencing July 1, 1991 and
shall continue until October 14, 1995, unless sooner terminated by the
occurrence of any event which causes termination of the franchise itself as
specified in Chapter 6.28 of the Cupertino Municipal Code and the Franchise
Agreement dated October 14, 1980 by United Cable Television of Cupertino, Inc.
and the City of Cupertino, or by any occurrence of any condition leading to
termination as outlined elsewhere in the Agreement.
Subject to the consent and agreement of each of the three parties, this
Agreement may be renewed for an additional period equal to the period, and
for the duration, of any extension of the franchise granted by the City of
Cupertino pursuant to Chapter 6.28 of the Cupertino Municipal Code provided:
(A) De Anza College shall have fully and faithfully assumed the responsibility
for the operation and maintenance of public access channels, public access
studio, and educational channels as specified in SECTION I, Paragraph 1 for the
full term of this agreement as specified above;
(B) No written notice to cancel is served by any party upon the other two at
least 60 days prior to the expiration of this agreement; and
(C) All three parties do not wish to revise this agreement upon its expiration
and/or if no notice of cancellation is served, the renewal term of this
agreement shall be subject to the same terms and conditions as are contained
in this agreement, but United shall pay an additional sum to De Anza College
that will fairly compensate De Anza College for assuming all of the franchise
requirements specified in SECTION 1, Paragraph 1, for the term of the renewal,
such additional amount to be determined by agreement of the parties.
3. This Agreement incorporates fully the separate Lease Agreement (Appendix
D) between Foothill -De Anza Community College District and United, dated
4/6/81 and incorporated into the original Cable Television Agreement between
Foothill -De Anza Community College, United and City and as described in
Section I, No. 5.
4. The channel frequencies assigned to public access and local educational
channels shall be licensed to and be the property of United as per FCC
regulations.
5. The City of Cupertino, United and De Anza College shall have the right to
duplicate programming from public access, local educational and institutional
network channels for which there are no exclusive distribution rights or
copyright ownership.
6. Nothing contained herein shall be construed as a novation of the Franchise
Agreement dated October 14, 1980 entered into by the City of Cupertino and
United Cable Television of Cupertino, Inc. Nothing contained herein shall be
construed as a modification of the terms of the franchise granted to United
Cable Television of Cupertino, Inc. on September 15, 1980.
7. The parties hereto acknowledge and agree that the assumption by De Anza
College of the franchise -related obligations herewith transferred shall not
relieve United from United's duty to perform those obligations in the event De
Anza College fails for any reason to satisfactorily perform these obligations.
8. No provision contained herein shall constitute a waiver of or bar to the
exercise of any governmental right or power of the City of Cupertino.
9. Any notice, request, demand or other communication shall be deemed to be
properly given when deposited in the Untied States mail, postage prepaid, or
when deposited with a public telegraph company for transmittal, charges
prepaid, addressed as follows:
Vice President, Southwest Region United Cable Television of Cupertino
United Artists Cable Systems 10040 Imperial Avenue
5110 West Gold Loop Circle Cupertino, CA 95014
Los Angeles, CA 90056
President City of Cupertino
De Anza College 10300 Torre Avenue
21250 Stevens Creek Boulevard Cupertino, CA 95014
Cupertino, CA 95014
Foothill -De Anza Community College District
12345 El Monte Road
Los Altos Hills, CA 94022
N.
10. The illegality of any particular provisions of this Agreement shall not
affect the other provisions thereof, but the Agreement be construed in all
respects as if such invalid provisions were omitted.
11. If suit be brought on the Agreement, the prevailing party or parties shall
be entitled to reasonable attorney's fees as well as costs of suit therein
incurred.
12. This Agreement may not be assigned or in any way transferred in whole
or in part, without the prior written consent of the parties hereto, which
consent shall not be unreasonably withheld.
13. This writing sets forth the final and exclusive expression of the parties'
agreement and supersedes all other oral or written agreements. Any
amendment to or modification of this Agreement must be in writing and
signed by all parties.
Revised Agreement Executed on --- — --, 1991.
CITY OF CUPERTINO
Approved as to Form:
City Attorney
City Of Cupertino
Mayor, City of Cupert'
Executed on 1991
Attest:___
City Cler
Foo ill -De Anza Com y College District
y--------— — ------
Dir or of Business Services
Executed on Q_17 1991
United Artists Cable Systems n
B y-------------- ���= V C
Name, Title
Executed on 1
1991
EQUIPMENT ORIGINALLY SUPPLIED BY UNITED FOR PUBLIC ACCESS
PAGE
1
AND STILL
IN PLACE
DESCRIPTI0N
LOCATION
MANUFACTURER
MODEL #
SERIAL #
UAC INV.#
CITY INV.# PURCHA�'.3E DATE
Character Generator
CABLECAST
Quanta Microqen
MG100B-S
1196B
29168
Color Monitor
De Anza
Proton
6135
P63510035
29171
Microphone
Contro1
Rm.A cab.dramer
Sony
ECM-44z
29172
Microphone
Control
Rm.A Cab.dramer
Song
ECM-44B
29173
Lavalier
Microphone
Studio
"A"
Son�
ECM-448
29174
Tape Recorder
Equipment
Checkout Room
Sony
3/4" Video
V04800
18191
29176
Equipment
Checkout Room
Hitachi
Camera Color
HP-10
29178
Intercom
Main Station
De Anza
Clear-Com
316083
78001
Intercom
Remote Station
Control
Rm Directors Cons
Clear-Com
RS100A
8B-C-315844
78002
Intercom
Remote Station
Studio
"A" Camera #1
Clear-com
RS100-A
8B-C-315848
78003
Intercom
Remote Station
Studio
"A" Camera 3
Clear-Com
RS100A
8B-C-315845
78004
Intercom
Remote Station
De Anza
Clear-Com
RS100A
315g47
78005
Waveform
Monitor
Control
Rm Engin. Console
Hitachi
V-099
309888
78007
Waveform
Monitor
Control
Rm Engin. Console
Hitachi
V:099
309900
78008
Waveform
Monitor
Control
Rm.Engin. Console
Hitachi
V-099
309922
78009
CCU for
Camera #3
Control
Room Studio "A"
Ikegami
730
0062
78010
CCU for
Film Chain
Control
Room
Ikegami
730
0154
78011
/
. EQUIPMENT ORIGINALLY SUPPLIED BY UNITED FOR PUBLIC ACCESS
.
PAGE 2 AND STILL IN PLACE
'
DESCRIPTION
LOCATION
MANUFACTURER
MODEL # SERIAL #
UAC INV.#
CITY INV.# PURCHASE
DATE
CCU for Camera #1
Control
Room Studio "A"
Ikegami
730 0216
78012
CCU for Camera #2
Control
Room Studio "A"
Ikegami
730 0156
78013
Color Camera W.
De Anza
Studio "A"
Ikegami
ITC-73O> 0288
78014
Color Camera #2
De Anza
Studio "A"
Ikegami
ITC-730 0349
78015
Color Camera #3
e Anza
D A
Stud "A"
u
Ikegami
ITC-730 0355
78016
Time Base Corrector
De Anza
Cablecast Room
Fortel
2H-1 10219324
78020
Stereo Tuner
De Anza
Mezzanine Storage
Realistic(Radio Sha)
TM-7 8080210
78022
COLOR MONITOR*
Control
Rm Prod. Console
Sony
PVM8200T 011245
78028
Color Monitor
Control
Rm.A Engin.Consol
Sony
PVM-8200T 501145
78029
Waveform Monitor
Control
Rm. "A" Engin.Rk.
Tektronix
528-A B017298
78031
Control
Rm.A Engineer Rk.
Leader
Vectorscope
LVS-5850 1030281
78032
Video Smitcher Electronics
Control
Rm A Prod.Console
Crosspoint Latch
6112 3879
78034
Video Cassette Recorder
United
Cable for Repair
Sony
V0-5800
78035
Pulse Video & Audio Distr.Amp.
Control
Rm.A Engin. Rack
Sigma
Sigma -500
78036
Sync. Generator
Control
Rm.A Engineer Rk.
Sigma
CSG-365A
78037
B. & W. Monitor for Camera
Control
Rm. Engin. Consol
Panasonic
WV-5200BU 26Z02990
78038
B. & W. Monitor for Camera
Control
Rm.Engin.Console
Panasonic
WV-52008U 26Z02992
78039
� .
EQUIPMENT ORIGINALLY SUPPLIED BY UNITED FOR PUBLIC ACCESS
PAGE 3
'
'
AND STILL IN
PLACE
4// a/J 9(
DESCRIPTION
LOCATION
MANUFACTURER
MODEL #
SERIAL #
UAC INV.# CITY
INV.# PURCH4SE
DATE
B. & W. Monitor for Camera
Control Rm.
Engin.Console
Panasonic
WV-5200BU
26Z02991
78040
Black and
White Monitor
De Anza
Audiotronics
9VM-967
33460574
78041
Black and
White Monitor
Control Rm.A
Prod.Console
Panasonic
WV-5200BU
27Z03059
78042
'
Black and
White Monitor
Control Rm.A
Prod.Console
Panasonic
WV-5200BU
27Z03060
78043
White Monitor
Control Rm.A
Prod.Console
Panasonic
Black and
WV-5200BU
27Z03061
78044
Black and
White Monitor
Control Rm.A
Prod.Console
Panasonic
WV-5200BU
27Z03062
78045
Black and
White Monitor
Control Rm.A
Prod.Console
Panasonci
WV-5200BU
27Z03063
78046
Black and
White Monitor
Control Rm.A
Prod.Console
Panasonic
WV-5200BU
27Z03064
78047
Control Rm."A"
West Wall
Advent
Speaker
9
AR011926
78049
Speaker
Control Rm."A"
West mall
Advent
9
AR 011926
78050
VHS Video
Cassette Recorder
Control Rm.A
Prod.Console
Panasonic
AG-1000
L4HL00044
78051
Video Switcher Panel
Control Rm.A
Prod.Console
Crosspoint Latch
6112
7175
78052
Color Monitor
United has
for repair
Sony
PVM8200T
78053
Turntable
Control Rm.A
North Wall
Russco
2520
R-0404N
78054
Stand,
Microphone
Equipment
Checkout Rm.Cab
Desk
78057
Desk Stand,
Microphone
Equipment
Checkout Rm.Cab
78058
Microphone, 0mnidirection
Dyn. Equipment
Checkout Rm.Cab
Electro-voice
635A
78059
Microphone,
0mnidirection
Dyn. Equipment
Checkout Rm.Cab
Electro-Voice
635A
78060
' . : , EVuIf'nEm| oH1QimeLn, turKLILu 1Y umI/tu Vox rubL1c
/
PAGE' 4
'
'
AND STILL IN PLACE
DESCRIPTION
LOCATION
MANUFACTURER
MODEL # SERIAL #
UAC INV.# CITY INV.#
PURCHASE DATE
-.
Microphone, 0mnidirection
Dyn. Equipment Checkout Rm.Cab
Electro-Voice
635A
78061
Viewfinder, Camera 1
Studio "A"
Ikegami
VFM-571 0141
78062
Viewfinder, Camera 2
Studio "A"
Ikegami
VFM-571 0155
78063
Viewfinder, Camera 3
Studio "A"
Ikegami
VFM-571 0063
78064
Tripod
Studio "A" Camera 1
Quickset
4-532206 4-56100-70482
78065
Tripod
Studio "A" Camera 2
Quick -Set
4-53021-8 4-560020-7-0882
78066
Tripod
Studio "A" Camera 3
Quick -Set
4053021-8 4-56020-7-0782
78067
Camera Power Adapter (FP-10)
Equipment Checkout Room
Hitachi
AP-60AU 2020012
78068
Camera Power Adapter(FP-10)
Equipment Checkout Room
Hitachi
AP-60AU 2030609
78069
Cassette Recorder
Control Rm. Prod. Console
Tascam
122 23012223
78071
Dimmer Power Pack
Studio "A" South Wall
Strand Century
CD-80 CD001124
78072
Power Pack
Sudio "A" South Wall
Strand Century
CD-80 MX001520
78073
Character Generator
Storage repl. by Chyron
Quanta
07 7866
78074
COLOR CAMERA
Equipment Checkout Room
Hitachi
FP-10U 2051115
78078
Color Camera
Equipment Checkout Room
Hitachi
FP-10U 2051183
78079
Intercom Remote Station
Studio A Flr.Direct.set
Clearcom (-black sh)
RS100-A 315846
78080
Intercom Power Supply
Control Console above Aud
JVC
CV-AC212 07415818
78081
' EQUIPMENT ORIGINALLY SUPPLIED BY UNITED FOR PUBLIC ACCESS
' PAGI 5 AND STILL IN PLACE /�
~/�
`/"�/
'
DESCRIPTION
LOCATION
MANUFACTURER
MODEL # SERIAL #
UAC INV.# CITY INV.#
PURCHASE DATE
Color Monitor
Edit Suite "A"
Panasonic
CT 110ma KA2211843
78083
Color Monitor
Edit Suite "A"
Panasonic
CT 110ma KA225185
78084
Edit Controller
Edit Suite "A"
Sony
RM440 10643
78085
3/4" Video Tape Recorder
Ctl.Rm.Studio Dir.Console
Sony
V0-5600 11033
78086
3/4" Video Tape Recorder
Edit Suite "A"
Sony
V05850 15209
78087
3/4" VIDEO TAPE PLAYER
De Anza Cablecast
Sony
VP-5000 13768
78089
3/4" Video Tape Player
De Anza Cablecast
Sony
VP-5000 13924
78090
3/4" Video Tape Player,
De Anza Cablecast
Sony
VP-5000 13861
78093
3/4" Video Tape Player
De Anza Cablecast
Sony
VP-5000 13490
78094
Time Base Corrector
Storage replaced Cygnus
Fortel
2H-1 10220229
78097
Time Base Corrector
Cablecast
Fortel
CCD 2H1 10219324
Wave Form Monitor
De Anza Cablecast
Tektronix
528A
78098
Fresnel Studio Light
De Anza
Ianiro
260 14108 .'
78101
Fresnel St5udio Light
De Anza
Ianiro
260 13908
78102
Fresnel Studio Light
De Anza
Ianiro
260 13859
78103
Broad (cyc) Studio Light
De Anza
Ianiro
3460
78105
Broad (cyc) Studio Light
De Anza
Ianiro
3460
78106
Broad (cyc) Studio Light
De Anza
Ianiro
1460
78107
`
PAGE 6 EUUIpMENT ORIGINALLY SUPPLIED BY UNITED FOR PUBLIC ACCESS
� AND STILL IN PLACE 4'/��( '/'� / (
DESCRIPTION
LOCATION
MODEL # SERIAL #
UAC INy #
,
CITY INy #
.
PURCHASE DATE
Scoop Studio Light
De Anza
018184911
78108
Ianiro
Scoop Studio Light
De Anza
Ianiro
018184969
78109
Broad (cYc) Studio Light
De Anza
Ianiro
3460
78110
Scoop Studio Light
De Anza
Ianiro
018184796
78111
Fresnel Studio Light
De Anza
Ianiro
260 13835
78112
Fresnel Studio Light
De Anza
Ianiro
260 14037
78113
Fresnel Studio Light
De Anza
Ianiro
260 13855
78114
Fresnel Studio Light
De Anza
Ianiro
260 13877
78115
Fresnel Studio Light
De Anza
Strand Century
550
78116
Focussing Spot Remote Light
Equipment
Checkout Rm Kit
Ianiro
78118
Focusing Spot Remote Light
Equipment
Checkout Rm.Kit
Ianiro
78119
Focusing Spot Remote Light
Equipment
Checkout Rm.Kit
Ianiro
78120
Focusing Spot Remote Light
Equipment
Checkout Rm.Kit
Ianiro
78121
Focusing Spot Remote Light
Equipment
Checkout Rm.Kit
Ianiro
78122
Focusing Spot Remote Light
Equipment
Checkout Rm.Kit
Ianiro
78123
Intercom Remote Station
Control "A"
Engineer Cons
Clearcom
RS-100A 315350
78177
, EQUIPMENT ORIGINALLY SUPPLIED FOR PUBLIC ACCESS
PAGE 7 AND STILL IN PLACE 4/a/��/
`
DESCRIPTION LOCATION MANUFACTURER
MODEL # SERIAL # UAC INV.# CITY INV.# PURCHASE DATE
#4 Viewfinder
Studio
WFM 0133
Head
Studio
"A" Camera 1
0`Connor
Tripod Fluid
30 302887132
Tripod Fluid Head
Studio
"A" Camera 2
0`Connor,
30 302887144
Tripod Fluid Head
Studio
"A" Camera 3
O'Connor
30 302887143
Studio Monitor
Control
"A"
JBL
440S
1/91
-
Time Base Corrector
Cablecast
Fortel
CCD 2H1 10219324
78097
Color Monitor
Control
Rm.A
Prod.Console
Sony
PVM-8200T 501022
Black and White Monitor
Control
Rm.A
Prod -Console
Panasonic
WV-52008U 27Z03060
78043
Monitor Power Pack
Control
Rm.A
Consoles
Panasonic
WV-5203B 27Z02752
Multiple outlet Strip
Control
Rm.A
Main Console
SGL Weber
0-582 7619-15
Microphone
Control
Rm.A
cab. drawer
Sony
ECM-448
188239
Microphone
Control
Rm.A
cab. drawer
Sony
ECM-448
--
188240
-_
Broad Studio Light
De Anza
Colortran
104-041 9122
Studio Light
Studio
"A''
Ianiro
Fresnel
260 14106
EQUIPMENT ORIGINALLY SUPPLIED BY UNITED FOR PUBLIC ACCESS AND
NOT INPLACE
DESCRIPTION LOCATION MANUFACTURER
Tape Cart Machine
Control Room
Broadcast Electronics
Color Camera, Film Chain
Control Room
Ikegami
ITC 730 0373
78017
35mm Slide Projector
Control Room
Kodak
Ektagraphic 5302351
78023
35mm Slide Projector
Control Room
Kodak
Ektagraphic xxx
78024
Slide Dissolve Unit
Control Room
Laird Telemedia
4220 10345
78026
Reel To Reel Recorder
United for Repair
TEAC
35-2B 4930
78055
Bulk Eraser
United for Repair
78056
.
/.� PP
EQUIPMENT PURCHASED
BY CITY OF CUPERTIN0 OR JOINTLY
BY CITY,
PAGE 1 DEANZA COLLEGE
AND UNITED ARTISTS CABLE
4/a�| /( (�
/
DESCRIPTION
LOCATION
~-MANUFACTURER
MODEL # SERIAL # UAC.INV.#
CITY INV.#
PURCHASE DATE
1/2" VHS Video Tape Recorder
Dub Rack
Panasonic
AG-6300
2028
Color Monitor
Control Romm A Engin.rack
Videotex
EM-13PR0 04850222
2077
Battery Charger
Equipment Check out
LS04
2078
3/4" VTR Deck
Dub Rack
Sony
V0-5800 25247
21249
VHS Deck
Edit Suite C
JVC
8600 12013466
2134
10/85
Video Cassette Recorder
Edit Suite "C"
JVC
8250 13050522
2135
1/86
Video Cassette Recorder
Edit Suite "C"
JVC
8250 130505524
2136
1/86
Edit Controller
Edit Suite C
JVC
RM86U 09052484
2137
10/85
Color Monitor
Edit Suite "C"
Panasonic
CT-1100MA KC
2138
10/85
Color Monitor
Edit Suite C
Panasonic
CT-1100MA KC5150765
2139
10/85
Color Camera
Equipment checkout room
Hitachi
FP-7 4090584
2140
10/85
Camera Case
Equip.Ck.Rm.mith FP-7
Hitachi
FP-7
2141
10/85
VHS Deck
Equipment Checkout Room
JVC
6200 07060233
2142
10/85
Portable Lighting Kit
Equipment checkout room
Lowell
T0-97
2144
10/85
Tripod and Head
Equipment Checkout Room
ITE
40 and H40
2145
10/85
Recorder Deck
Dub Rack
Sony
2146
10/85
Rack
TV Center 4th Floor
Winsted
G8321
2148
12/85
Video Cassette Recorder
Dub Rack
Sony
V0-5800 U225247
2149
1/87
EQUIPMENT PURCHASED BY CITY OF CUPERTIN0 OR JOINTLY BY CITY �
PAGE 2 DEANZA COLLEGE AND UNITED ARTISTS CABLE ' �
/|
.-
DESCRIPTION
LOCATION
MANUFACTURE
MODEL # SERIAL # UAC.INV.#
CITY INV.#
PURCHASE DAT
3/4" VIDEO TAPE RECORDER
De Anza
Sony �
2257
11/17/86
Field Monitor
Equipment Checkout
Room
JVC
2259
2/87
Character Generator
Edit Suite "C"
Quanta Micr
MG-100 871145
2669
11/87 � |
Monitor for Character Generato
Edit Suite "C"
Sony �
PVM-8200T 5008129
2698
5/88 �
Field Monitor B & W
Equipment Checkout
Room
�
Sony
0013169
2699
5/88
1/2" VHS Camcorder
Equipment checkout
RCA
350 751540261
2700
5/88
Time Base Corrector
Control Rm.A Engin.Rack
CygnUs
DVE HHC979
2783
10/88
Machine Control Interface
Edit Suite "A"
Panasonic '
IFP-44
2811
3/4" Video Cassette Player
Edit Suite "A"
Panasonic
AG-7100 L7130007
2812
Wireless Microphone/Receiver
Equipment Checkout
R'om
11265
2867
12/02/88
Chyron ACG
Control "A"
ChYron
site ID117 LAA0247389 67698 3029
5/90
Audio Board
Edit Suite "C"
Tascam
3096
12/85
Shotgun microphone
Equipment checkout
Sennheise
3118
10/85 ,
Shotgun Microphone
Equipment Checkout
Sennheis:
3119
10/85
S-VHS Camcorder
Equipment Checkout
Panasor !
AG-450 B0HD00500
3152
5/10/90
!
3/4" VTR
Equipment Checkout
/
Sony �
V0-6800 17808
63231
�
A 00ter
Equipment Checkout
Son,-4 ' |
'+ I- I-
`—
EOUIPMENT
PURCHASED BY UNITED
ARTISTS TO
REPLACE ORIGINAL EQUIPMENT
PAGE 1 ' / v~
41
�/=-o CTA
DESCRIPTION
MODEL # SERIAL #
SPEAKER, Studio Monitor
4408
Audio Mixer Board
Delta 200 099002701
Stereo Amplifier,
a-220 31086
Color Monitor
PVM-8200T 011245
Color Monitor
PVM-8200T 501022
Color Monitor
CVM-1900 202637
Black and White Monitor
WV-52008U 27Z02752
Monitor Power Pack
WV-5203B 27Z02752
Monitor Power Pack
WV-5203B 27Z02753
S-VHS Camcorder
AG-450 F0HD00032
LOCATION MANUFACTURER
U.C. INV. # CITY CUP. INV. # BURCHASE DATE
Control "A" J8L
1/91
Control "A" Prod.Console Soundcraft
10/18/90
Studio "A"
Symetrzx
1/91
Control Rm.A Prod.Console Sony
?
Control Rm.A Prod.Console Sony
Control Rm.A Prod.Console Sony
�
De Anza Panasonic
Control Rm.A Consoles Panasonic
Control "A" Consoles Panasonic
EqUipment Checkout Panasonic
8/25/90
LEAS AC- HEE1/.ENT
(: THIS AGREEMENT, m.adp and entered into this day of
1981, by and between the rOCTE=LL-DE nitZ__
CC!f�uN1i ' COLi.EGE �ISTBICT, g public coyl llni ty college district c
the State of California (hereinafter- referred to as ".Lessor"), and
CABLE TELEVIS'07ri OF CUPERT11i INC. a California co. on
(he reina'ter re -fez --red to as " Les see'T ).
w.HIPEAS, Less -or is. the owner and entitled to possessio-n
o-f that certain rea..l prope-r-ty .situated in the City of Cupertino,
County e` Santa Clara., State of Cali-fornia, and more particularly
d .sc_ibe_d in Exhibit "!," attached 'hereto and incorporated herein
by refe- er.ce; a:,d
WH E: -I , Lessee is desirous of leasing said raal property
�-Ltic purposes a:.:� pis rant to the terns, covenants and ccnditic-
se t forth hereinbelow;
tl,o Y7 , T?i `'.Er O_. the parties hereto agree as follo-4s :
Ce,,.ise and Description of Property:
Lessor, in consideration of the rent, covenants and
agreements hereinafter contained, to be paid, kept and cerfcrmed
by the Lessee, and upon the condition that each and all of the said
covenants and agreements shall be fully kept and performed by the
Lessee, does hereby lease unto Lessee, for the purpose of cor_str-act-
ing and operating a cable television head end and antenna facility,
tL _
more particularly described in Section 14 herein , . and for no other
purpose, that real property situated in the City of Cupertino, County
E. Sp.nta Clara, State of California, and more particularly described
=n Ex- ibit Trl" attached hereto and incorporated herein by reference.
14
A_ Except as provided e. ein to the ccntr,r--,, +`' e term
\ �-` s" d Lease shall be for the same pericc: ar,(� di:ra __c as provided
in Ordinaiice No.. 930, Section 6.28_050, which Ordinanc` estabJ_ishes
and cra.nts. un.to Lessees herein, a nog: -exclusive franchise to operate
' :a ~abla televi&i_on fra_richis.e system within the City - er
Y _ o� CupLino
until October .14, 1995-
B.. Said Lease term may, however, sooner ter:: irate, at
the option of Lessor, upon" the happenLngof either of the t-wc
following e-vents: (1) the a -hove mf_-ntioneC:I -.E-':ra_D. c wise shall scone=
terminate- either by agreement or by opertai on of law; or ; 2) Lesso-r
and Lessee shall, note.=ithsta_nidi_nc the status of the above :^.en Toned
-F:,-a_Tlchise, mutuc-__1y' ag-re-e, in writing, to te.r...L.nate scl^_ ease.
C. Lesso- and Lessee sh al -I eaci: fcr-L K=it coo--mence ajn1_-
--__-earzar pursue_ with reasonable diligence anv and all t`:rn;s
yea: - ed to be done by each of the- resnecLively to cause t •-2
Lessee to obtain any and all approvals and/or ne=its other -wise
_ey;:yr-ed for the proposed use of the prer.:_se and/or cons truct i on
o_ anv imorovements on said premises. N otwi the tanding any other
prov L sion of this Lease, should Lessee be una.-I%l e to obtain all
approvals and/or permits, includinc but not limited to t'iose consents
specified in Section 9 herein otherwise r_eces.sar;• for the p,cpose' use
of the premises and/or construction of improvements on said premises
this Lease shall terminate_
D. The terra of this Lease shall renew for an additional Deriod
equal to the period, and for the duration, of, any extension or renewal
t ^ _-the franchise granted by the City Council of the City of Cupertino
pursuant to Chapter 6.28 of -the Cupertino Municipal Code, provided:
15
. � C e))
(1) Lessee sba,ll hsve f —Ily and faithfully* performed all the terms,
-)vena: ts, &nd conditions of this Lease for the full term specified
in s Section 2A of this Leae; (2) no written no -ice to cancel is
served by Lesse-e on Lessor; and (3) the renewed term of Dais Lease
shall be -subject to the sane terms and conditions as ere Contained in
{
this Lease- but at such rental as will reflect anv increase in the
f
value of sa;Ld premdses since the date of this Lease determined by
abxe-eme'nt of the- pv_T-tie-s.
3. Basic Rent.
Lessee agrees . to pay to Lessor a rental in the `.:.oust of
$45,576.00 (included in total &=ount of 5240,935.00 aaid to De Anza
Co'?ege under germs of Section yI, Part 7 of this agreement).
Said rent shall be payable before June 1, 198-, , and shall be
Ff";r3Fcr the L,se occ,__ ancy of salC, premises Xi2_ 1, 1981 thrDugh
tobe_ 14, 199;.
L. a Assi m men+ thous Lessor's Consent:
A_ LYcentas provided in Subsection 3 of this Section
E - -
Lessee s: a1i not assign or other.se transfer tL-'5 iease,
a_-y right or interest in this Lease, o_- an;,: right or interest ir.
said premises or any of the improvements that may now or hereafter
be constructed or installed on said -remises vithcut the exrress
written consent of the Lessor first had and obtsined. Any
assignment or transfer by the Lessee without the prior vritI,em
consent of the Lessor, whether it be voluntary or involuntary, by
operation of lass or other=-ise, is void and shall, at the option of the
€t Lessor, ter-ai ate this Leese. A consent by Lessor to one assig�rt shell not
deems d to 5e e consent to any subsequent assignment of this Lease by Lessee.
16
�).L CIS
i
c-r r F-s-, s ent of Les _^te es% in th s
con_,�r., c1 L.-��or tc ar�,,r s�-a�-��--�
-.^..CS.:t7-e , s�-`11L .Trot bt E"c^-soIia-b1v vii.ilheIV.
r
S_ Notwithstand-ing the provisiofl_Q Of SuhsectLcn r of
this Section 4, the Lessee Iaa.y without the prior written consent
of the Lessor transfer and- assicn all the Lessee's interest under
r
tis Lease and the leasehcld estate hereby created in Lessee to
any trustee named in a Deed of Trust, any mortgagee named in a
mortgage, or any person na.�7ef in any other type of sec:arity,
instrument for the purpose of incurring aryl encumbrance on such
i_,terest and such leasehold estate.
5. Void h a=Les-s :� {E
Fi pi
A. Lesklee shall! inde=nifv and hold the Lasso-- and
he property of the Lessor, including said premises, free and
_ 1less -From anv and all liah lity, claims, loss, dam ages, or I
expenses, i.n.cludinc attorneys' fees and costs, arising by
,t
reason of the death. or injury of any person, including Lessee
or any person who is an employee or agent of Lessee, or by reason ,
;1
o: damage to or destruction of any property, including property
owned by Lessee or any person who is an employee or agent of
Lessee, caused or allegedly caused by (1) any cause whatsoever
w.�ile such person or property is in or on said premises or in
any way connected with said premises or with any improvements
or personal property on said premises; (2) some condition or
5aic premises or sore building or improvements ,said pre,:_.ses;
some act or omission onsaid premises of Lessee or a7f .y person
on, or about said premises with the permission anal conse-nt
of Lessee; or (4) any matter connected with Lessee's occu:ation
and use of said premises.
B. Notwithstanding the provisions of Subsection �
of this Section 5, Lessee shall be under no duty to
1
and hold Lessor harmless from any liability, claims, or damag`s
arising because of any intentional or willful acts of Lessor
or any person who is an agent or employee of Lessor acting in
the course and scope of their agency or emplov:,,ent.
E. L>:oneration of Lessor:
L.Essee hereby expressly waives all claims for (3amiaces
yes t7at Lessor shall not be liable for any Cz_==ces cr
i;)juri.es to Lessee's business, for any loss of income f
L`-ssee's business, for any dar<<age or destruction of property
belon;ir,g to Lessee or on said premises with the consen of
Lessee, or for any injuries to Lessee or any person on said
premises with the consent of Lessee unless such dams -ace, injury,
i loss, or destruction directly results from an intentional or
willf,_,l act of Lessor or some .agent or employee of Lessor, acting
in the course and scope of their employment.
Liabilit� insuran_C,_�N' -
A, Lessee shall, at Lessee's own cost and expense,
secure promptly after execution of this Lease and maintain during
;*
the entire term of -this Lease a broad form comprehensive coverage
policy of public liability insurance, issued by an insurance
com,pany acceptable to Lessor insuring Lessee and Lessor against
loss or llal ility caused by or connected with Lessec 's occu:_),- Zia* oil.
1 0.. I � { C � .} � L. � 1^ n c �� Y\
and use o_ said premises under th:_s Lease in a.::ount •o% less thLn:
$2,500,000.00 for injury- 'Co or de-ath of one person .or for damaue
:to or destruction of any proper-- of others, and subject to such
limitation for the.in-jury to or death of one person, of not less
that $5,000,000.00 for injury to or death of two or more persons
as a result of any one accident or incident.
B. Any policy of insurance procured by Lessee pursuant
to Subsection B of this Section 7 of this Lease shall expressly
provide that it cannot be cancelled for any reason or altered
in any manner unless ten days' prior written notice has been
given by the insurance company _ssuring the policy to Lessor in
the manner specified in this Lease for service olf notices on
�.,.iessor by Lessee.
C. Promptly on lss=nce, reissuance, or renewal of
requires _ this Lease, includir.c liability
any insurance policy
insurance policies, Lessee s::.l_ cause a duplicate copy of the
policy or a certificate evidencing the policy and executed by
the insurance company issui:,g the policy or its authorized agenL
to be given to Lessor.
D. Should Lessee at any time fail tc procure or
maintain the insurance required by this Section, Lessor may
obtain such insurance and pay the premiums on such insurance
for the benefit of Lessee. Any amounts paid by Lessor to
procure or maintain insurance pursuant to this subsection shall
be immediately due and repayable to Lessor by Lessee together
with interest thereon at the rate of 10 percent (10) per annum
until paid.
;� 19
flaintenance by Lessee:
At all times during the term of this lease Lessee shall,
`t Lessee's own cost and expense, keep and maintain said premises
an:3 all improvements now or hereafter placed on said premises
as well as all facilities now or hereafter appurtenant to said
cremises in cool order and repair and in a safe and clean condition.
ru_thermore, Lessee shall, at Lessee's own cost and expense,
in at all times during the term of this lease the whole of
said premises as.well as any improvements, landscaping, or
facilities thereor. in a clean, sanitary, neat, tidy, orderly,
c.. at-_?czlve condition, hereby waiving all right to re al=s
ct the e>_nse of Lessor as provides in Section 1942 of the Civil
, e Code of the State of Califcrnia anal all rights provided for by
:4l of said Civil Code_
Re'-Icire: L-nts of Govcrnmental Agencies:
i.. ;It all times during the ter; of th s lease, Lessee,
ow:n cost and e,:pense, shall:
(1) flal.e all construction, alterations, additions, or -
repairs to said premises or the improvements or faci11t1es on sald
TJ:-';"i �C== re'.1ll1reG by an}' valld law, crddn=,-ce, 5t3tL'tC', ��ynr or
re:;ulation now or thereafter made or issued by any federal, state,
county, local, or other governmental agency or entity;
(2) Observe and comply with all valid laws, ordinances,
_ statutes, orders, and regulations now or hereafter made or issued
r,- respecting said premises or the improvements or facilities on
20
Said premises by any federal, state, COUrilocal or Gticr cjOV '_:�-
meT-, ZCency L.r e2tlt_Y J nCi :L1nQ tS C Cl unC
(3) Indamnify an-' h3lc Lessor an3 the property of, Lessor,
IL said prey ises, tree and harmless from any and all liability-
l055, d3rlacjeS, tunes, penalties, claims, a:,Q actiGP.S re5ultl"1C
c
from the Lessee's _allure to comply with and perTGrn t E' 1e "_i
ments of this section.
B. Lessee hereby acknowledges and agrees that Sub-
sections A. (1) and A. (2) shall be interpreted to include the
Yc>G1112'eWc'1i tsfit 2:1„ a -Ed all matters relatiag t0 the use, ]OCE�i�^i
End construction tue fat-_i,._es referred e it this lease s:
be a-pproved by the President of De Anna College and EpYropriaze
Sty .,e and/or lo--aI o'f_c_a_s -r.or to the commenceyent of const_uctioa
any* sucj� f-c=l:ties on the leased prexises. Lessee further
Bc_:OOZ leG.;�S -absClOS A. and A. (2) StaiSCand ?rr-es that S
b-a inte reted tc --dude tie requirement th_t, prior to the CormeL•ce-
meIIt of an\" such facilities and prior to the use of the leased -Dremfs�s,
the Lessee shall submit all plans and obtain all permits and Eparovals
ether :se requ-ired for the coastruct_on or such inproverients cz th-_
De Anta College campus.
1p. .7 _ n c e and Secu_'-t'•'
A. Lessee shall, et its own cost and expense, cause a
.� fence with locking ga.e to be constructed around the leased premises.
Said fence and gate -shall be identical in t-ype and style to the
existing fence in and about and adjacent to said premises. Lessee
{'rr .farther agrees to deliver at least one key to said locking gate to
l' De Anza College Director c.f Plant Services, at such time as the
construction of said fence and gate shall -be completed.
Lessee lae-reby. s De h:z- C-cLie-ge is
ao� obl_a -ated to provide, Lc_ vi11 s a 4 d e n t 4- z v _re _ae, pt__ce
Or, 07,-e:- security protection of any nature cr degree
u• Utilities:
Lessee shall be for the installation and
costs 0f said- ins-tallation of a-nv e-lect?'_ca.l, tele7`?ona, water
or other utility sere-ce rzcuirec for- the operatics c'f the
F
facilities to be located on the leased premises and shall pay
all periodic charges for the- mzintenance thereof.
'12 Standby E'_ectric Power:
Lessee, at its o`rlia cost and expense-, may provide
emergency standby electrical power as provided for iz the
• z Franchise Agreement dated Cc`�ober l4, 1580 anc C`:apt-e_ 6-25 of
-he Cupertino Mu^1c' pal Code_ If Lessee elects --o use a
generator, it shall con=orm to ail provisions of Chapter 10.45
r
C
of the Cupertino Municipal Code relating to noise s`.?naarus.
Lessee, as a material part of the cons _d�_=az JLcn to
Lessor in entering into this lease, wa.Lves all cla-,-,:s for G a; --c-es
i
to goods, wares, merchandise and equipment in, upon, or about
C
said premises, and for injuries to persons in or about said premises
from anv cause relating to the utilization of said standby capabil-
ity by'Lessee. Lessee further agrees to hold Lessor exempt and
harmless for and on account of any damage or injury to any person
r
22
--rvm the failure of Lessee -to keep Sa'd _z —c.n,
fa '_ities ir, cood condition and repair, eXCep�� Cy c3 canna e or
inj•yr;cc due ro the willfull or intentional act or some. c7`' C or
emp c ee of Lesso-- ac�'_ng In the course and Scc�,,e o_ thleL'r e, pIoymen::_
13_ Disoosition or Imorovements Upon Termination of: lease:
0:: exD4Lration or sooner te- r,ination c= this lei_
Lessee Shall promptly surrender possess- n of .said, :c
Lessc= in as _co-: condition as said premises are no,,,, on t`.e CIate
of This 'case, reasonable wear and tear and damage by the elements
or r'_r2 or anv casualty bevond the control of Lesse-a exce^,e'. ..
The toner —d' earth stz.ions and related eou_�nec_
stallF`. c^ sal- re--=_cs snnyl be removed by Lessee, its su censors
rC
', css= ;__p ns. �_ s ova expense. The fence and building , less _tom
cc,rtezzs, corst_uctec by the Lessee, on the leased premiss, shall
r e v C_ _ and
,C c,:,me the -je
I
of Lessor. Lessee s al_ na v— t .-
's_ r`�t c`_
em
a� aacoc�est on s....�
of
elocated
its facilities
lu.
?n=issible i:se
of
prer-_ses:
J :'_S SEA JL��_ use s24d pre.':-.seS fCr 1oC2L_
ing --d _ h _ _ nd tover, two ,,o three eartt stay ions
and a po=tal, Ie bu_ldin „ apnroxir-ate1v 18' x 22s_ s,
which shall be used to house machinery and eauirment. Lessee stall
not use said premises for any other purpose without the vritter:
consent of" Lessor, which consent shall not be unreasonably withheld.
23
15 - Fire Insurance
t �y
A_ Lessee shall, at L-essce'scos•_ ano e_,;Dense
i
at all timers during the full ter-: of this lease, keec a-11
t
i
}i7L•11d L'l S, inprovemen.ta, or otter str uct-re.s Cif saj'd -'DrC- M-i s e s in
sur ed for their full repl a.ce:men"t cost by an insurance Cor::r a_y
a
` accept -able to LessQr ug3wr.st loss Cr L7eStrLCtlGn by fire and
%i E pees 1S, inc-luding var.C:al ism aid mal? c1oL's M 5C�7i L, CC1T..rcniv
covered under the: sta:ld�rd extended coverage endorsencn t in t-he
cou_^.ty where said remises are located. P� p-qy loss pa}- ble under i
f
any such policy shall be paid by the insurance company to a
trLstee such as a joint contro? agez--y selected by the insurance
cc:-ipa`ny and used to fund the repair of the damaced build4n7 or
4—rovement pursuant to Sec -ion 16 of this- lease.
_�.
B. FaCh policy of insurance proc,---ec by Lessee p:,rsuz t
to Subsection A of this Sectior. 15 shall expressly provide- that
it cannot be cancelled for any reason or alterec in any ,.canner Ii
unless ten days' prior ;-ritten notice has been given to Lessor
is the manner specified in this lease for service of not.ces on '
f
T,�ssCr h,.,, Lessee.
C. Promptly On issuance, reissu nce or renewal C,
any insurance policy required by this lease, including fire and
liability insurance policies, Lessee shall cause a duplicate copy `
I
of the oli p cy or a certificate evidencing the policy and executedl
by the insurance company issuing the policy or its authorized
agent to be given to Lessor.
24
t
. b (2,2
D. Should Lessee,at any ti*�e during �hel�e . this
t, 1
lease, have in full force and effec'� -a "blanket" pcl�cy of
insure ^,ce ansuzinc saic' prer:,ises as well as other crcpr— evened
:or cccupied. by Le-ssee in the .aim cants and against loss or
destruction by the perils- described in Subsection A of t^_s
Section 15 such blanket insurance policy shall be. dee•i.:ec to
meet and sa.tisf:y the- r&quirements of this Section provide--- a ccp'J
.of the policy, or a certificate evidencing .the policy, is celiverec
to Lessor as by Subsection C of this Section.
C
E. Should Lessee at any time fail to procure cr
maintain the ins--,—ance reCu'=ed. by this Section, L--ssor i.:a c!Dtai ,
such insurance and pay the premiums on such insurance fcr the
ti benefit oL Tessee_ Any amounts paid by Lessor to procure cr
maintain insurance ursu'ant to this subsection sham be immiediately
due and repayah) e to Lessor by Lessee together with interest
C thereon at the rate of 10 percent per annum until paic.
lc' . Lessee's to xest.ore rrerises :
A. Should, at any time during the term of this lease,
any buildings or improvements now or hereafter on said pr-:dses
be destroyed in whole or in part by fire, theft, the elements,
( or any other cause not the fault of Lessor, this lease shall
continue in full force and effect and Lessee, at Lessee's own
cost and expense, shall repair and restore the damaged or
destroyed building, buildings, improvement or improvements
F according to the original plan thereof or according to such
t 25
G :nodi.fied plans t-hereof as shall be approved. in wr tir_g by the
r.PsF;cr_ The work of repair a -rid restoration shall be ccmamenced
by , e:ssee within ten days after the. damage or destruction occurs
and sha11 b.e . completed with due diligence not longer. than two
;nonths mer
ter the wor}c is ccin` ecd- In all otler rpspec's, the
;pork of recair and rEs}ora�ion shall ll be Cone in accordance with
�,.ha�
the req-,13_remcnts for cons tr-uctior_ work or. said premises as set
forts: in Section g of phis- lease_ -- -
�- An.y. and all fire .or other insurance proceeds that
become: pavab-le at any tL-ne dur-Lng the term of this lease- because
on of any buildings or imp=ovement.s on
of dam;age to or destr��cti
said. p+reTui ses shall be paid to L assee and applie4 bv Lessee toward
- the cost of rep ai ring and restcring the da,^aged or des -
buildings or jr-,,Drovem:ents in the «canner required by Subsection A
G_ this Section 16 -
1'a>:es djiu mz�sessi;ar,'Cs .
In and=lion to the abovementioned payment of rent,
Lessee shall pay and discharge all tares, general and special
assessments, and other charges of: every description which,
Curing the term of this lease, may be levied upon or assessed
against the leased proper-ty and all interests therein and all
improvements and other property thereon.
26
tSi=cellaneous:
All notices re^,aired by la;�, cr !Dv this =.ease, tc
Lessee ma•, be given personally or
ce�.o�it�n;
be ;.iven to th Le=_ -
postage p' e a is , an.. ad-
t?e Soile in the United States mail, _
dressed to the Lessee at the said premises.
D. The filinu of any p`tition .ir, bankruptc}' or insolvency
!, o;- Uc�. i nst Lessee includingpet etiticn un� �•r Chat - -- �� � � -
or ,:I:- of the Bankruptcy Act shall be deemed to constit'�te a
( breach C7; this Lease, anc thereupon, ioso facto, and Co
entry or other action by the Lessor, this Lease shall become and
be ter, .mated , and the Lessor shall forthw ; i; be entitled to -e-
cover eamages for the breach so OccasiUne:1 in al. ecual to
the rent reserved in this Le se �or ti?c residue
C•' the -err- thereof , less the fai r rental value of the premises
tj?e _a�1�JC Ui said term and in an,, even nor ''_'�� t"]at t�lE
* allowable under Sect -ion 6? (a) o_` the Ea }:ruotcv
-
i1Ct or 'as iiv: be provide- by the proviSiD iS of Chap_ers X , XT,
Hc* shoult '-he procc-ec _` nqs ! UnC a^" O=
t};I' c` the bankruptcy � - �- -
said provisions.
C. The waiver by Lessor of anv brz_:ac;' Of a^`.' term; CU'!Ci?ar.
h de
�e^ to be a waiver
or condition: herein -contained shall not be
of such term, covenant or conditien, er of an:,, su}�seauent h_eacn
of the same or any other term, covenant or cor:clitien herein
�- contained.
D. In the event of a partial or total destruction of
the said premises during the said tern, from any cause, Lessor shall
not be obligated to repair the same or to.contribute any sums for
r
said repair.
27
n
rr.\_ C:AiivE: ?05Son of th- tea-' Pre-4ses to ttt Lessee all
co__71encel e^t Of 581� t�_'r� as here_nDefO. E' s�rE'�_:le^ is
Lea: � stall not be vc_d or voidable, nor shall the Lessc_ be liable
,o h-e Lessee fo_ £..:.ter' loss Or resin c.F, ther?f:o.^__; but iL trial:
event. thEre sha11. be a proportionate denuctlon of rent cover-ng the
_ r l0 OCR. E2ri t�.H cc =ear-ement of the said ter-m and the t1mt- when
- te -.lessor Can dEiiV' posse-ssion.
F _ Lessee will, at its sole cost and expanse, com.- ly
with all of the' requirements of all County, Stare and
Federal authoriz.ies now in force, or which may hereafter be in
-once, pert -nine to the sa d premilSes, occasioned by or affectinc
th-E use to °:1 said premises have been, are beinc, Or .ire to.
be put by Lessee, and will faithfully observe in tie use of the
pre:;,_se's all ?i r Cpal and County Ordlnc!1ces and C-a re anc �£d2ra i
s'.atutes nc�- in force or which may nereaft.er be in force The
j-_,c!gment O- any court of competent Jurisdiction, and all records
a;:G aCm' ss cns ,=1 ally action or proceeding against Lessees may
be admissiile zo establish the violation by Lessee of any suc:`�
oruinance or statute as conclusive evidence of such violet-o:.
G. 1n the ever.'. su-t shall be :)roual-t for a un1a�Y�u=
detainer of said premises or for the recovery of any rent due
under the provisions hereof, or because of the breach of anv
other covenant herein contained on the part of the Lessee to be
kept or performed, or fcr declaratory relief to determine the
rights of the parties hereunder, Lessee will pay to Lessor a
reasonable attorney's fee which shall be fixed by the court as
part of the costs of such suit. Upon the filing of any action
a
C ? ^ec n r ai0i1
C Ole to ` �C^` �OSS�SSIC
i Sy _ _
i-,ia\1 be Oi hE CO^:_. C
i a �..�hold%sal:.: tht'' -
:C
Sa1i] dGr10II, uLnQc .0 Or
t'--1ri0 O- P.E GGC:
`.
_ th e G O.^. S 7L O
r the L`sscr, shall be ccnstr ec �o
be z t�na� cy rro"' rLor_��
to moat?:
�h�' it �.
O.ute�vilSO be or �1
cond-i 3—' he -�
sPecijied s fa
r ar as appl i carry i e .
�• `le cove:'_c_^ts a-i?Cl co,-.,;t.Ons here,'n COntclr]E�
S �eCz tC ^.e ;--rovi s' cns as to ass i gn-Mer—t., appi v ?P.
Ana the he-r
ratorS, successor's c_n6
c 5 Ol the Paz:�-es k eC0
j. Lessor
agrees not to constr
uct
-he -=e.zises �no�� es t
Le A�ia Co'_ie`e Caz:pTus on Ste vJe..s Coo
ne _
!1 ftvou1G sL'-St&Zt,i�Ll l _�
c J the 1.1 LG�' ��'.. �..
tower and eE_-tn stat_cns
Lessee.
Lessor hereby Grant s Lessee ''`-� ��
ezpEn se, tribht, at Lesseo trim trees vl:4 , '_
ch ui11 i_e
ter -ere w_tL the recerr;
Of the headend tower on ca�,�,_
and earth stations � >•.e LT
essee NCtr ees ::ill be remo_ved without
o_ t..
prior written consent of Lessor.
L. Lessee shall be
given the first option to rent
anditionel space adjacent to the headead site and not needed for use
i
29
APPS,@ LX A, EXHIBIT 1
SITE OF MTED CAB
t!,a CCV
AT D---
t�
�'�.�_.. - �=� -=��:-•..... :zs rat_-.�. r_-.._. -.. ..:r--. --��. -- --c -_
�Z
Y 1 i
. ..-�� 1 y
"'"Ov�;Esf•= .� � I
.t
CID
Cry �j I
1 l+
r�llvl N cl-
V7TT-
a
s
C 4
.. n ._ra - -�_DU1�_L1ciLt..-3 ;i.�.t_1t• ..._ .._. __. .. rk-1.t__ - - -- _ --__ _ ,,,5 , y
N-
6� ,�-j J, 1F
Appen'd 'I x 'S
UNITED C014TRIBUTIONS IN 81-82 TO DE ANZA
FOR TV AGREEMENT UNTIL 10114/95
1. Local Program Director Salary
Z. Lease an 3,600 sq.. ft- of De Ariza land 45,575
3- Local Program Director Social Security 10,271
4, .-Pub.1 i c Access Studio Utilities 21,000-
5. One —tire -construction cost savings of public
access studio ($50/ft. x 1,000 sq. ft). 5 0 , 0,3 oz--
240,938
34
�/
^�.�� [-?�',�
This Executed on Oth of P
-
/Jq`K()V17D AS TO FORM� '
/
�
(
Cit! �ccnroe7
Q
'—'
CITY OF CUPERTl�O
`
Executed on
FOOTHILL -DE ANZA C0MIMUMITY COLLEGE
DIST
By
/
Executed n'' / l��l
�
'
UNITED CABLE TELEYISI0[
OF CUPERTlK3 INC.
C
35
��
L a t e o
this 943
d a 37 0
C
L
a '-"g',ary Public in and for said State, -personally ap--.)earee
C e -I)C- r s
anc acknowledged to Die that the Sa E or the p-,j-:pcses
therein stated. Witness T-,v hand and official seal.
C u
i-...P.
Oct. .21, 1981
�4' '? 17
-Ik ., / K--7-
-7
35 A
r-
0T" CCjLC ') %
L "R
I, Cop.nie Po: _l, a 'Notary Public in and for said stet
and cc„ei:�-, duly co—issioned and sworn, hereby certify
tii.at Vir`;i l 1 Reed, who is to me personally kno .m,
e_'::•^cuteci ti-le iore-oing lnstruTment this 20 h day of 1,12y,
1
Notary Public
.._-, _ r P�o2
35 C