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Gilroy Cable TV License to Gilroy Cable ....,,~, 'ftr TT- .'\, I' I "1:"111:". 0"- TH I: I80AIltD SA" P. DI:LLA MAOOIOIltI: "ALPH H. ..I:HAKI:N. CHA"LI:. A_ QUINN .'0 SANCHI:Z "A"TIN .J. .PANOLI:IIt BOARD OF SlTPERVISORS COUNTY OF SANTA CLARA ROOM 524 I COUNTY ADMINISTRATION eUILDING 70 W!:ST H!:DDING ST. I SAN JOSE, CALlI'"ORNIA \;15110 12\;1\;1-2323 ..JEAN PULLAN eLf"'" I 80.4."0 or SUP~RV'50RS March 14, 1967 Mr. Frank Caliri Gilroy Cable TV 381 First street Gilroy, California 95020 Subject: Coaununity Antenna Television System - (Revised License Agreement) Dear Mr. Caliri: Enclosed please find original and two copies of a revised permit granting a license to Gilroy Cable TV to use County's rights-of-way for transmitting television signals via cables, etc., to City of Gilroy, subject to certain terms and conditions. Your attention is called to Section #14 which has been modified pursuant to your request, and allows both City of Gilroy and the County to be named under the $50,000 Faithful performance Bond. Please sign the "Acceptance" on all copies and return to this office, together with evidence of insurance coverage to protect the County, in accordance with Section #11 of this agreement. A fully executed copy will be returned to you for your records. Your interest and cooperation are appreciated. very truly yours, <t BOARD OF SUPERVISORS J (-...., /..1-/ .//'" ~-G. -;tC--.. '- -' -~ ':1 - e.:.:_~-~ -,.'~ " ~Mrs. Jean Pullan Clerk of the Board JP:DMR:jc Encls. cc: Public Works Department ~ \j ~ "~.' I ,,,.,..'~ tCl'-'lXi ')" }"I\}_F, -.~.~L!)O: : ~ .1\),) t'?~_~,~_,i ;., LICf.J::JSE TO USE COm'TTY I S IZIGHl'S-OF-UAY l~OPl. COI.[.lJJtJI'ry l\1;~'TEi\1~L.\ Tl::LEVISIOl'~ SYSTEl,I COUNTY OF SANTA CLARA., State of California, hereinafter re":ej:red to as "County, II does hereby grant to GILROY CABLE TV, a . h. p;lr'crlcrs ..l.p duly organized under the lm1s of California and consisting of the follov7ing partners: FPJU~K J. CALIRI, Bill{ TSUDA and EDNIN F. DRISCOLL, JR., hereinafter referred to as "Licensee, II 3. llcense to use County9 s rights-of-vlay for the purpose of transmitting television si:;nals via cables, Hires and conduits to tLe incorporated area \.'lithin the City of Gilroy, subj ect to the follm!ing terms and conditions: 1,. Revocable License The license granted herein shall be nonexclusive, unassignable, and subject to revocation for just and reasonable cause upon one hundred eighty (130) days r \vritten notice to LiceI1see. 2. Definition and Des~_:J::'iI?tion of Rights-of-1vay As used herein the term I'Rights-of-Hayll shall mean that real property ovmed in fee by County or in which County mvns an easement for public higlwlaY purposes. The description of the rigllts-of-\.;ay covered by this license is as shown on the map attached hereto and made a part hereof. 3. Restricted Use ~f"l' . This license is limited to the.use of CountyVs rights-of-Hay for the transmission of television programs via cable, wires and conduits placed or installed on poles owned by a public utility company authorized to use County's rights-of-\'7ay. Nothing herein contain~d.shall be deemed the grant of any right or license to distribute~or in~any way operate a community antenna te levis ion sys tem or''=r~nsmit te levis ion programs v1ithin the unincorporated territory of County. " -1- It,\[, 1 2 \9S7j (Hi j, ~.~ "1;"'{ ~"",,~",_W OUI~. h " 'f' 1""""_" ..... ~,d""iiilldIJ""'. l<J...l.e~- ~" , ,,,,1,111 t.~!'~1_1 1\; 1.\_. yearly Fee Licensee shall during the term or this license pay to County a yearly ree for the use or County r s rights-or-vJaY, a sum equal to two percent (2%) of Licensee's gross annual receipts prorated over the length of the lines in the unincorporated area as compared to total length of lines operated in both unincorporated and incorporated areas \'lithin County. Licensee shall file 'ivith County 'i'7ithin thirty (30) days after the expiration of each calendar year, a fil1anc ial statelnent shm'7ing its gross annual receipts and the formula used to determine County's prorated t\'JO percent (2'1,,) fee. Licensee shall pay County \'7ithin thirty (30) days after the time of filing the above statements. 5. Coropliance \'l~th All Requirernents All cables, wires, conduits or other properties of Licensee shall be so constructed or installed at such locations and in such manner as may be required by the Director or Public Harks or County, Licensee shall be subject to all applicable County, State and Federal lm7s, ordinances, rules and regulations heretofore and hereafter enacted. 6. Inspection of Property and Records At all reasonable times, Licensee shall permit any duly authorized representative or County to examine the property and records or Licensee. Licensee shall prepare and rurnish to the ~f 1" Director or Public ~'Jorks and Director of Finance, at the times and in ti.ie forms prescribed by either, such reports \vith respect to l" ;,'", <..0 operations as may be reasonably necessary. 7. Notice to County for Interruption or Traffic Licensee shall give five (5) days prior notice to County . ,\,yhen in the installation or repair of its equipment there ,,;rill be any delay or interruition to either vehicle or pedestrian traffic. -2- \ l rj.j e ill,.,,,, .~U.I)( ) ~.' , ;~ >'le. ..... .,1".40;"1 ~ M_...;.....;.........._'''''._.,..- . .'->'....,Ijo-, .;_........:.~ ._....'........,".,._.,.~".<'. ., iJlt>,..;, _,."".il G~U~. Such notice shall include a schedule of proposed operations together with the proposed method of traffic detour, number of flag men, guards and warning devices. Upon approval of the Director of Public Horks of the method proposed to handle traffic, the Licensee may proceed with the ';.Jork. In all cases the Licensee shall be required to submit a copy of the approved traffic plan to the County Co~~unications Department at least twenty-four (24) hours in advance of the actual performance of \vork. ,~ 0. Changes Reauired bv Public Ir)1Drovements ...4.-... .I ____J...___ Licensee shall, at its expense, protect, support, temporarily disconnect or relocate any of its property when requested by the Director of Public Harks by reason of traffic conditions, public safety, street vacation, street improvement, installation of sewers, drains or any other type oflmprovements. 9. Removal or Abandonment of PropeJ~ In the event that the use or any part of ttie system is discontinued for any reason for a continuous period of t\velve (12) months, or in the event such system has been installed without complying with the requirements of this license, or if this license has been terminated, Licensee shall promptly remove all such property from County I s rights -of-\\1ay. Any property not removed vJithin a period of thirty (30) days shall be considered permanently abandoned. 10. Hold Harmless and Defend Licensee agrees to hold harmless County, its officers, agents and employees J:rom and against any loss, cost or expense occasioned by or in any vlaY connected v'7ith Licensee's use of this license and to defend, at Licensee's sole expense, County, its officers, agents and employees on account of any injury (including death) or damage occasioned by or resulting from the use of this license. -3- - ),j\! J ')/j..l" . W'I,,"IJ'i .~?~I .- I ~ 1 .....~~.'_.'Ii ! 1t:~,..J. A .~U,) w \OWJX, . ",~,-".....--"' Ii~~ - \,~ ~. ~.I(<''j t~~LI ^ ' 11. Indemnification of Countv J Licensee shall take out and maintain at all times during the term of this license and during the performance of any '\Vork to be done within the unincorporated area of County a policy or policies of public liability and property damage insurance naming thereon the County, its officers and employees-as insureds against 15_ability of any kind v7hatsoever, including reasonable attorney's fees, aris ing out of or in any 'iTay connected 'with the us 0. of county's rights-or-way, by Licensee under this license. Both public liability and property damage insurance must be on an occurrence basis. The policy or policies shall provide that the coverase afforded thereby shall be priE~ary coverage and that if County and its office:r:s and employees have other insurance against any loss covered by the policy or policies, the other insurance ,\'7ill be deemed excess insurance only. The policies shall provide coverage in the follm7ing amounts: For public liability, $250,000 each person; $500,000 each occurrence; property damage $100,000 on account of anyone occurrence with an aggregate limit of not less than $200,000. The policies shall be satisfactory to the County Counsel of County. Licensee shall concurrently with the acceptance of this license file with the Clerk of the Board of Supervisors of County a certificate shouing insurance coverage. The policy or policies shall not be cancelled or reduced in coverage without giving to County not less than ten days prior written notice of intention SO to do. 12. Installation Licensee shall in good faith co~aence work to install cables necessary for the operation of this license within four (4) months from the date of receiving this license and shall thereafter diligently prosecute the 'IiTork in good faith. -LI- ',j'. uu .11 UJ'PJ,.J aU.11( .~;,,\e~ !_il;.~,~,;_ J...H);."IW _.~,.~_~-..............,_,.~. ~-~j ,_",_,,.,_'.' ,ii.1. ",,,.1, .-..., O~.:JX t \.--_....._..~.- . 13. Surcharge of Rights -of-~v~"y In the event a claim is filed against County for a surcharge of COUlity i S rights-of-'\'lay on account of the grant of this license, COlll1tyway litigate the claim or authorize Licensee to litigate the clair:l. If the claim is sustained, County Gay terii,inate this license forth'j}ith and shall not be responsible to "Licensee for any loss, cost or damage sustained or alleged to be sustained by Licensee on account thereof. 14. Faithful Performance Bond Licensee shall concurrently with the acceptance of this license, file with the Clerk of the Board of Supervisors and at all times thereafter oaintain in full force at its ovm expense, a corporate surety bond in a company and in a form approved by the County Counsel. The amount of: the bond shall be $50,000 with the' County and the City of Gilroy narned as joint-obligees. It shall be rene'\7able annually and conditioned upon the faithful performance of Licensee and upon the further condition that in the event Licensee shall fail to corrrply with the provisions of the license, tI'lere shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by County as a result thereof, including the full arnount of any compensation, inder:mi:Eication or cost of removal or abandonment of any property of Licensee as prescribed hereby \'Jhich may be in default, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond: the condition to be a continuing obligation for the duration of the license. The bond shall provide that thirty (30) daysl prior written notice of intention not to renew, cancellation or material change, be given to County. This license shall be effective upon date of acceptance. -5- 'J i i .;1 ~ e " tJ' ;"'"",,~,,-~ utJ Jji. ~ . ~!>\ I.~ ;., ~.i...J',),,J. ~~':..3!_, ~,,,,,i L~.::J~J>S DATED: March 13, 1967 Chairman, Board of supervisors COUNTY OF SANTA CLARA ACCEPTANCE The terms and conditions of this license are hereby accepted and will be complied with in all respects. DATED: . GILROY CABLE TV, Partnership FRANK J. CALIRI, Partner BEN TSUDA, Partner EDWIN F. DRISCOLL, JR., Partner APPROVED AS TO FORM: >?:'-~/ /J ~~ ~~ /(:::J(};;;.,:~- Depu y'county C nsel GF.c; : j 't .~. )~,~ f/"J -6- .. . -". ,~ ! iil II \. 1'1 i u.'1 I" ,.. /;f\, F";~ ~P.~lS~ -r:f.....~ ~\. ~..ti. I!l ,'Jj/ fA tr as I FIRST STIllEY TUEPHQHI 142-6409 GILROY. CALIFORNIA 95020 February 21, 1967 Hr. S. Sanchez Supervisor, County ot Santa Clara 70 \vest .iJedding St.reet. San Joso, California 95110 Subject: Community Antenna Television System - License Dear Hr. Sanohez: In revicw1ng~hD bonding situation with our insurance a~cnt and t.he City of Gilroy, love can obtain one :;~50,OOO bond tdth the County and City as co-principals. 'l'he City \V'ill on) y act 11' the: County can givo ns n firm commitment. l::nclosed is a map shov!ing un aroa on ~'lorey Avenue that has been annexed to the City. "\li.tbin a short ,,>v-hile the rest of Horey Avenue will no doubt be annexed leaving fewer oable miles in the County. We feel that the amount ot bond required by the County for such a small portion of cablet plua other fees 'f111 amount to more than what 1s economically justified. tve would appreciate your efforts in expediting our request for a smallor bond or one nall1in&~ both parties as co-principals. Sincerely yours, Prank Caliri FJC:go Encl.