HomeMy WebLinkAbout05 APPROVAL OF LICENSE AGREEMENT FOR WIRELESS INSTALLATIONS ON PUBLIC STRUCTURES TO NEW CINGULAR WIRELESS PCS, LLC• Agenda Item
AGENDA REPORT Reviewed: —�
City Manager
Finance Director
MEETING DATE: SEPTEMBER 4, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVAL OF LICENSE AGREEMENT FOR WIRELESS INSTALLATIONS ON
PUBLIC STRUCTURES TO NEW CINGULAR WIRELESS PCS, LLC
SUMMARY
Staff is requesting the City Council approve a license agreement for wireless installations on public
structures to New Cingular Wireless PCS, LLC dba AT&T Mobility (AT&T).
RECOMMENDATION
It is recommended that the City Council approve a license agreement for wireless installations on
public structures to New Cingular Wireless PCS, LLC dba AT&T Mobility (AT&T) and authorize the
Mayor and the City Clerk to execute the license agreement on behalf of the City.
FISCAL IMPACT
Revenue in the amount of One Thousand Seven Hundred dollars ($1,700) per each licensee
facility on each city -owned light pole will be collected in the 2018/19 fiscal year. This base license
fee will be increased three percent (3%) for each year of the agreement term. The initial term is
five (5) years and subject,to the terms and conditions shall be automatically renewed for three
successive terms of five (5) years each.
CORRELATION TO THE STRATEGIC PLAN
Small cell wireless installations on public structures in the public right-of-way contribute to the
fulfillment of the City's Strategic Plan Goal B: Public Safety and Protection of Assets. Specifically,
the project implements Strategy #3, which among other items, is to ensure continuous
maintenance and improvement of public facilities.
DISCUSSION
Wireless carriers are considered `public utility telephone corporations' regulated and controlled by
the California Utilities Commission, and have a right to use public rights-of-way pursuant to
California Public Utilities Code § 7901. In the fall of 2017, Governor Brown vetoed SB 649 which
would have significantly lessened local control of wireless telecommunication facilities. Since that
time staff has been working with several wireless carriers on master license agreements. These
agreements could not be finalized until the City consummated the purchase of over three thousand
street lights from Southern California Edison this past June.
Small cell site master agreements have become necessary because existing communication
facilities do not provide adequate signals to the area due to distance, obstruction by the existing
built and natural environment, the density of users, capacity of the network, and interference in the
presence of terrain and clutter variations. By getting the physical antennas closer to the users,
such as by attaching on poles in the public right -or -way, users are presented with a dominate
signal that results in less noise interference and provides faster throughput. In addition to
Approval of License Agreement for Wireless Installations — AT&T
September 4, 2018
Page 2
strengthening 4G LTE services now, small cells will play a critical role in advancing 5G in the
future. 5G is expected to assist by delivering speeds 10 — 100 times faster than today's average
4G LTE connections.
AT&T has initially identified seven areas in the vicinity of the proposed small cells, four on city -
owned poles, as locations where data rates and service quality are inadequate. AT&T will
collocate a pole top mounted canister antenna and remote radio units side mounted to the pole.
With respect to light standards, AT&T will replace the existing light standard with a replica that has
been specifically designed to accommodate small cells. Once constructed, AT&T's sites will
operate 24 -hours per day, 7 -days per week, as unmanned facilities. Periodic maintenance and
upkeep of the site will occur and be performed by AT&T's technicians.
Do has 0. Staff", P.E.
D' e or f Public Works/City Engineer
Attachment: License Agreement for Wireless Installations — AT&T
C:\Users\dstack\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\367WV3F3Wpproval of License Agreement for
Wireless Installations - ATT.docx
CITY OF TUSTIN
LICENSE AGREEMENT FOR WIRELESS INSTALLATIONS
ON PUBLIC STRUCTURES
This License Agreement For Wireless Communications on Public Structures ("License" or
"Agreement") is made and entered into this day of , 201_, ("Effective Date")
by and between the CITY OF TUSTIN, a municipal corporation ("City" OR "Tustin" or
"Licensor"), and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company
d/b/a AT&T Mobility ("Licensee"). Licensor and Licensee are sometimes individually referred to
herein as a "Party" and collectively as the "Parties." Except as indicated otherwise, all references
to Licensor include its elected officials, officers, directors, employees, agents, and volunteers.
Except as indicated otherwise, all references to Licensee include its personnel, employees, agents,
and subcontractors.
RECITALS
A. Licensor is the owner of certain City -owned Light Poles, in the City of Tustin, County of
Orange, State of California; and
B. Licensee desires to install, operate, and maintain certain antenna and accessory equipment
on certain City -owned Light Poles for receiving and/or transmitting voice, data, image, graphic, or
video programming information by wire, cable, fiber optics, laser, microwave, antenna, radio,
satellite transmission, or other similar mediums, with or without the benefit of any closed
transmission medium for Licensee's customers ("Telecommunications Services"); and
C. Subject to the terms and conditions of this Agreement, the City is willing to allow
Licensee's use of City -owned Light Poles for the Licensee Facilities.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants, conditions, and agreements contained herein, the receipt and sufficiency of which is
hereby acknowledged, the Parties to this License do hereby agree as follows:
1. Definitions.
1.1 "Agency" means any governmental agency or quasi -governmental agency other
than the City, including the FCC and the PUC.
1.2 "Antenna" or "Antennas" means the antenna portion of a Licensee Facility.
1.3 "Commencement Date" means the first day of the month following the month in
which (a) City issues the Notice to Proceed to Licensee for the installation of the
Licensee Facilities on a City -owned Light Pole; and (b) a Supplement is fully
executed by the Parties.
1.4 "Completion of Work" means Licensee's completion of all installations per the Site
Plan, restoration of all disturbed surfaces to applicable standards, site clean-up, and
submittal of as -built plans and City inspector approvals to the City.
"Emergency Condition" or "Emergency Situation" means any condition, as
reported. by Licensee nor determined by City that constitutes an unsafe condition or
threat to persons or property and/or adversely affects the integrity or operability of
the City-o'wned, Light P'610 inhere the Licensee Facilities are mounted'
"FCC" means the Federal Communications Commission or successor entity.
1.7 "Fee" means any assessment, license, charge, fee, imposition, real or personal
property tax (but excluding any utility users tax or franchise fees), possessory
interest tax, or levy of general application to Persons doing business in the City
lawfully imposed by the City, any Agency or governmental body.
1.8 "Laws" means any and all applicable judicial decisions, statutes, constitutions,
ordinances, resolutions, regulations, rules, tariffs, administrative orders,
certificates, orders, or other requirements of the City or other Agency having joint
or several jurisdiction over the Parties, in effect either at the time of execution of
this Agreement or at any time during the Tenn of this Agreement.
1.9 "Licensee" means the Licensee as defined above and its lawful successors, assigns,
and transferees.
1.10
"Licensee Facility" or "Licensee Facilities" means Licensee owned and operated
Antennas, equipment enclosure and cabling for providing Telecommunication
Services on those City -owned. Street Light Poles set forth in a Supplement.
"Light Pole" or "City -owned Light Pole" means the street light poles owned and
operated by the City of Tustin within the Public Right -of -Way, including any
Replacement Light Pole approved and accepted by the City. Licensee shall not
attach Licensee Facilities to a Light Pole without a fully executed Supplement.
1.12 "Notice to Proceed" means City's letter transmitting the approved Site Plan,
Schedule of Performance, Right of Way Construction Permit and other City
approvals submitted by Licensee for the Licensee Facilities.
1.13 "PUC" means the California Public Utilities Commission or successor entity.
1.14 "Person" means an individual, a corporation, a limited liability company, a general
or limited partnership, a sole proprietorship, a joint venture, a business trust, and
any other form of business association, other than Licensee.
1.15 "Provision" means any agreement, clause, condition, covenant, qualification,'.
restriction, reservation, term, or other stipulation in this License Agreement than
defines or otherwise controls, establishes, or limits the performance required or
'permitted by any Party..All Provisions,, - whether. covenants or conditions, shall. be
deemedtobe both covenants And conditions.
1.16 "Public Right -of -Way" means in, upon, above, along, across, under, and over the
public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including,
without limitation, all public utility easements and public service easements, as the
same now or may •thereafter exist that are under the jurisdiction of the City. This-
term
histerm shall not include any property owned by any Person or Agency other ,than the
City except as provided by applicable Laws or pursuant to an agreement between
the City and any such Person or Agency.
1.17 "Radio Frequency Emission Exposure Limits" or "RFES" means the General
Population /Uncontrolled Exposure Limits set by the FCC.
1.18 "Replacement Light Pole" means a street light pole furnished by Licensee when
Licensor requires a replacement of a Light Pole.
1.19 "Right -of -Way Construction Permit" means a written permit to perform work in
and upon public streets subject to approval of the City Engineer of the Licensor's
Public Works Department ("City Engineer") or designee in accordance with the
procedure set forth in Section 6.1 of this Agreement. Once the approval of the City
Engineer is obtained and the City has issued the applicable Notice to Proceed, the
Right of Way Construction Permit shall be incorporated into the applicable
Supplement. Any Right of Way Construction Permit approved by City prior to the
Effective Date shall be attached and incorporated by reference into the applicable
Supplement.
1.20 "Schedule of Performance" means project schedule submitted by Licensee and
approved by the City for installation per the Site Plan. The Schedule of
Perforinance shall be approved by the City in the manner set forth in Section 6.1 of
this Agreement. Once the City has approved the Schedule of Performance and the
City has issued the applicable Notice to Proceed, the Schedule of Performance shall
be incorporated into the applicable Supplement. Any Schedule of Performance
approved by City prior to the Effective Date shall be attached and incorporated by
reference the applicable Supplement.
1.21 "Site Plan" means City -approved drawings, sketches, and specifications pertaining.
to the Licensee Facilities or any Replacement Light Pole submitted by Licensee
detailing method of construction and mounting, vault and conduit installation,
power supply, vents, and other information deemed necessary by City in its sole
discretion. In addition to the foregoing, the Site Plan shall also contain the City -
approved traffic control plans, project schedule, and site layout. The Site Plan shall
be subject to the City's approval in the manner set forth in Section 6.1 of this
Agreement. Once the City has approved the Site Plan and the City has issued the
applicable Notice to Proceed, the Site Plan shall be attached to and incorporated
into the applicable Supplement.
1.22 "Supplement" means that document in substantially the form attached hereto as
Exhibit A and incorporated by reference containing information related to Licensee
Facilities attachments to City -owned Light Poles. A Supplement shall be effective
and incorporated into this Agreement once the Supplement is fully executed by the
Parties and, upon such execution, the Supplement shall be incorporated into this
Agreement. .
2. License Term.
2.1 Initial Tenn: The initial tenn of this License shall be five (5) years commencing
upon the Effective Date ("Initial Term"), unless terminated earlier pursuant to
Section 11 below.
2.2 Renewal Term: Following the Initial Term, if not terminated, the License shall
automatically be renewed for three successive extension terms of five (5) years
each (each a "Extension Term") on the same terms and conditions as set forth in
this Agreement unless either Licensor or Licensee terminates this Agreement by
written notice to the other Party at least one hundred and twenty (120) Days prior to
the expiration of the Initial Term or any Extension Tern, as applicable. The "Term"
shall refer to the Initial Term and each Extension Term (if applicable), unless
expressly stated elsewhere within this Agreement.
2.3 Supplement Term: The term of individual Supplements shall be an initial term of
five (5) years effective upon Licensor's grant of a Supplement and will
automatically renew for up to three (3) successive five (5) year terms on the same
terms and conditions, unless Licensee chooses not to renew a Supplement. If
Licensee chooses not to renew an Supplement, Licensee shall notify Licensor of
non -renewal at least one hundred and twenty (120) days before the expiration. of the
then -current term. Notwithstanding the foregoing, if the term of a Supplement
extends beyond the expiration or earlier termination of this Agreement, the terms
and conditions of this Agreement shall continue in full force and effect with respect
to such Supplement until the term of such Supplement expires or is earlier
terminated as provided herein.
3. Scope of License.
3.1 General: Any and all rights expressly granted to Licensee under this Agreement,
which shall be exercised at Licensee's sole cost and expense, shall be subject to the
prior and continuing right of the City under applicable Laws for the use of any and
all parts of the Public Right -of -Way only, exclusively or concurrently, with any
other Person or Persons, and further shall be subject to all deeds, easements,
dedications, conditions, covenants, restrictions, encumbrances and claims of title as
of the installation of any Licensee Facility, which may affect the Public Right -of -
Way. Licensee shall not infringe on any of the foregoing without the written
approval of the affected Party. In case of such infringement, Licensor may
terminate the infringing Supplement, or this Agreement if the infringement impacts
all Supplements, with ten (10) days written notice in the event such infringement is
not cured within thirty (30) days of written notice from Licensor of such
infringement. Nothing in this License Agreement shall be deemed to grant, convey,
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create, or vest a perpetual (a) real property interest in land in Licensee, including
any fee or leasehold interest, easement, or any franchise rights; or (b) interest in the
City -owned Light Poles.
3.2 Authorization: During the Term of this Agreement, the City hereby authorizes
Licensee to attach, install, operate, maintain, remove, reattach, reinstall, relocate,
enhance, and replace Licensee Facilities in or on the City -owned Light Pole(s)
identified in the applicable Supplement located within the Public Right -of -Way for
the purpose of providing Telecommunication Services to Persons located within or
without the limits of the City; provided, however, Licensee shall have no such
authorization until Licensee submits and receives City -approval for any all
applicable Site Plans, Schedules of Performance, and Right -of -Way Construction
Permits in accordance with Section 6.1 of this Agreement. Licensee shall only use
the Licensee Facilities for Telecommunication Services only. Licensee agrees that
it shall not sublet any space on Licensee Facilities to any third party or allow any
colocation of facilities on Licensee's Facilities. During the Term of this Agreement,
the exact planned location of the Licensee Facilities shall be disclosed, in writing,
to the City by Licensee at least thirty (30) days prior to its installation, removal, or
relocation and in accordance with Section 6 requirements below. Such
identification shall be incorporated in the applicable Supplement.
3.3 Nonexclusive:
3.3.1 Licensee acknowledges and understands that the Light Pole is public
property dedicated for public purposes and that these purposes have priority
over any other use, including Licensee's use of the Light Pole. Licensee
shall not interfere with Licensor's use of the Light Poles.
3.3.2 This License is a non-exclusive license, and Licensor reserves the right to
allow the Light Poles to be used by other Persons and parties, except that
Licensor shall not allow any other Person or party to physically occupy that
portion of the Light Poles where the Antenna is located. Notwithstanding
the foregoing, Licensor reserves the right to make additions, deletions, or
modifications to its own facilities on the Light Poles. Notwithstanding the
foregoing, Licensor will not grant after the date of this Agreement a permit,
license or any other right to any third party, if such third party's use may in
any way adversely affect or interfere with the Licensee's existing Facilities
or Licensee's ability to comply with the terms and conditions of this
Agreement, such adverse effect or interference shall be determined by the
Licensee using its commercially reasonable judgment, and shall be further
subject to the City's reasonable review and acceptance of the Licensee's
determinations.
3.4 Permits: This License is expressly made contingent upon Licensee obtaining all
applicable certificates, permits, entitlements, environmental review, studies, and
other approvals that any federal, state, or local authority may require for the
construction and operation of Licensee's Facilities and, if applicable, the
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construction of a Replacement Light Pole. Licensee shall bear the sole cost and
expense related to the procurement of these approvals.
3.5. Non-interference: Except as permitted by applicable Laws or this License
Agreement, in the -performance and exercise of its rights and obligations under this
License Agreement, Licensee shall not interfere in any manner with the existence
and operation of any and all Public Right -of -Way and/or private rights-of-way,
sanitary sewers, water mains, storm drains, gas mains, poles, aerial and
underground electric and telephone wires, electroliers, cable television, and other
telecommunications (existing as of the placement of the applicable Licensee
Facilities), utility, and municipal property without the express prior written
approval of the owner or owners of the affected property or properties. In case of
such interference, Licensor may terminate the infringing Supplement, or this
Agreement if the infringement impacts all Supplements, with ten (10) days written
notice in the event such interference is not cured within thirty (30) days of written
notice from Licensor of such interference. If particular Licensee Facilities are the
source of the interference, Licensor may terminate the applicable Supplement with
respect to Licensee's right to use those City -owned Light Poles with interfering
Licensee Facilities as well as the right to use those City -owned Light Poles in the
same Supplement. Such termination shall be effective with ten (10) days written
notice in the event such interference is not cured within thirty (30) days of written
notice from Licensor of such interference.
3.6 Compliance with Laws: Licensee shall comply with all applicable Laws in the
exercise and performance of its rights and obligations under this License
Agreement.
3.7 Work Standards: Licensee agrees to install, operate, and maintain the Licensee
Facilities and, when applicable, install a Replacement Light Pole in accordance
with the terms of this Agreement, all applicable Laws, including all traffic Laws
(including, without limitation, those set forth as California DOT standards) and in
accordance with applicable Right -of -Way Construction Permit, Site Plans and
Schedule of Performance as may be added and incorporated into the applicable
Supplement. Licensee will comply with applicable Laws. Licensee acknowledges
that City makes no warranties or representations regarding the fitness, safety, or
suitability of any of City's property for the installation of the Licensee Facilities
and that any performance of work or costs incurred by Licensee or provision of
Telecommunication Services contemplated under this License Agreement by
Licensee is at Licensee's sole risk, except as otherwise expressly provided herein.
Further, Licensee's work under this License Agreement will be performed fully in
compliance with the requirements in this License Agreement and more specifically
as set forth in Section 3.8 below.
3.8 Work and Safety Requirements: This Section contains minimum requirements and.
specifications governing use and occupancy of City -owned Light Pole(s) and any
other such equipment owned by Tustin.
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3.8.1 Where applicable, Licensee Facilities shall be placed, installed, and
maintained in accordance with the requirements and specifications of the
rules and regulations of the California Public Utilities Commission,
including General Order No. 95 (G.O. 95), General Order No. 128 (G.O.
128), the National Electrical Code (N.E.C.), the National Electrical Safety
Code (N.E.S.C.), the rules and regulations of the Occupational Safety and
Health Act (OSHA), all of which are incorporated herein by reference in
this Section 3. 8, and of any governing authority having jurisdiction over the
subject matter. Where a difference in specifications may exist, the more
stringent specification and/or rule shall apply. If applicable, the
requirements of this Subsection apply to any Licensee installation of a
Replacement Light Pole.
3.8.2 All requirements of the National Electrical Safety Code (N.E.S.C.) referred
to in this Agreement shall mean the current edition of such code, and shall
include any additional requirements of any applicable Federal, State,
County or Municipal Code or regulatory body, Agency, or other governing
authority having jurisdiction over the subject matter, including the CPUC,
where applicable. Reference to either the Safety Code, or to N.E.S.C., shall
have the same meaning.
3.8.3 The Licensee Facilities shall be structurally and aesthetically compatible
with City's facilities in accordance with the applicable Site Plan. If
Licensee Facilities are not compliant with this foregoing requirement,
Licensee (at Licensee's sole cost and expense) shall remove any such non-
compliant Licensee Facilities or make Licensee Facilities compliant upon
the reasonable request of the City. Licensee shall remove non-compliant
Licensee Facilities or make Licensee Facilities compliant within the
timeframes required by the City in writing. In the event Licensee fails to
complete the foregoing within the timeframes required by the City, the City
may terminate Licensee's use of the affected City -owned Light Pole with
(10) days written notice to Licensee and Licensee shall remove the Licensee
Facilities located on that City -owned Light Pole in the manner set forth in
Section 5.3 of this Agreement.
3.8.4 Upon Completion of Work, Licensee shall remove all of its tools, unused
materials, wire clippings, cable sheathing, and any other similar type
materials and/or matter on or in the area surround the affected City -owned
Light Pole.
3.8.5 Licensee Facilities shall be firmly secured and supported to the City -owned
Light Pole as provided in the Site Plan.
3.8.6 Licensee Facilities shall be plainly identified with a firmly affixed tag of a
type and wording satisfactory to City.
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3.8.7 Licensee shall require that all its work crews and foreman, or any of its
contractors and subcontractors: (i) are familiar with all power line rules,
requirements, regulations, standards and guidelines under G.O. 95, G.O.
128 and N.E.S.C.; (ii) survey the area in which work is to be performed
before commencing work, and make a determination that the required work
can be completed safely; (iii) survey the area in which work is to be
performed before commencing work, and make a determination that any
electrical power lines and related equipment are in conformance with G.O.
95, G.O. 128 and N.E.S.C. prior to commencing work; and (iv) proceed
with such work only upon making such determinations. If the foreman
and/or work crew determines that such work cannot proceed safely, or if
such electrical power lines are not in compliance with either G.O. 95, G.O.
128 or N.E.S.C., Licensee shall immediately stop work and notify City of
such condition, in detail, and shall not commence work at such location
until so directed by City. It is understood and agreed by Licensee that there
is no instance in which it is safe or proper for a Licensee worker and or
crews (whether working for or on behalf of Licensee), or a crew or worker's
equipment, to come within three (3) feet of, or in actual contact with, the
electrical current from an energized electrical power line. Consequently,
any such close or actual contact by Licensee (or Licensee's crews,
employees, agents, representatives, contractors or subcontractors, or the
crews, employees, agents, or representatives of such contractors or
subcontractors) shall be deemed an unsafe act, or failure to act, under the
meaning of this Agreement. In addition to any other remedies available to
City under this License Agreement, failure of Licensee to conduct its work
in compliance with the requirements of Section 3.8 shall constitute an
immediate breach of this Agreement and cause for the City with written
notice to Licensee to immediately terminate this Agreement with respect to
Licensee's right to use those City -owned Light Poles relating to the breach
as well as the right to use those City -owned Light Poles in the same
Supplement.
3.8.8 Should Licensee discover any Emergency Conditions or Emergency
Situation in its survey of the work area, as set forth above in this Section
3.8, Licensee shall cease work and immediately notify the City's Public
Works Department at telephone number (714) 573-3150 of any such
emergency condition or emergency situation related to Tustin's utility
poles, power lines, street lights, arms, or the Licensee Facilities.
3.8.9 Licensee understands and acknowledges that Licensee Facilities are located
in or on the Public Right -of -Way and/or within public property, and
Emergency Situations may develop from time -to -time that affect the health
safety, or welfare of City personnel or the public. Licensee agrees that if
such Emergency Situations occur, City shall have the right for the duration
of the Emergency Situation to take any necessary actions, including, but not
limited to, removing the City -owned Light Pole. Such necessary action shall
be made at the City's sole discretion. Licensee agrees not to hold City
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responsible or liable for and shall protect, defend, and indemnify and hold
Tustin harmless for any damage, loss, claim, or liability of any nature
suffered as a result of any such City actions during an Emergency Situation,
except as otherwise expressly provided herein.
3.8.10 Prior to the issuance of a Notice to Proceed, Licensee shall pay for a radio
frequency interference study carried out by an independent and qualified
professional licensed radio frequency engineer. Licensee shall provide
Licensor a copy of this study. This study shall confirm that Licensee's
Facilities will not materially interfere with any existing Licensor's
communications facilities and/or those of other governmental entities on a
Light Pole. If this study fails to confirm the foregoing and Licensee cannot
reasonably remedy this interference, Licensor may immediately terminate
this Agreement as to such Licensee Facility. Licensor shall have no
obligation to pay any other costs and expense incurred by Licensee with
respect to this Agreement.
3.8.11 Prior to the issuance of a Notice to Proceed, Licensee shall also pay for a
study carried out by a. California licensed structural engineer to evaluate the
structural integrity of Licensee's Facilities. Licensee shall provide Licensor
with a copy this study. This study shall confirm that Licensee's Facilities
will not unsafely compromise the structural integrity of the Light Pole. If
the study fails to confirm that Licensee's Facilities will not unsafely
compromise the structural integrity of the Light Pole and Licensee cannot
reasonably remedy this problem or Licensee is not willing to construct a
Replacement Light Pole, Licensor may immediately terminate this
Agreement as to such Licensee Facility. Licensor shall have no obligation
to pay any other costs and expense incurred by Licensee with respect to this
Agreement.
3.9 Availability: Licensor cannot and does not guarantee an uninterrupted supply of
power, nor does it guarantee the quality of power provided.
3.10 Radio Frequency Emission Exposure Limits: RFES limits shall be identified for
each Site Plan identified in the applicable Supplement and the preliminary RFES
shall be incorporated by reference into the License Agreement and included in the
Supplement. The preliminary RFES initially submitted by Licensee shall be
superseded with a final RFES when the actual radio frequency exposure
measurements are completed and submitted by Licensee to the City following the
completion of Antenna construction, but in no event later than Completion of Work
by Licensee. The RFES shall recommend the stand-off distance for mandatory
signage, at Licensee's sole cost and expense, and shall be placed on the Antenna
enclosure by Licensee to ensure that Southern California Edison field crews
inspecting and maintaining the Light Pole during routine and emergency
maintenance will not exceed the specified limits. Licensee shall provide an updated
RFES study with any equipment modifications which would affect the stand-off
distance identified in the final RFES study. In such cases, Licensee shall post
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additional signage as reasonably required by the City's Director of Public Works or
designee.
4. Fees and Taxes.
4.1 Fees: Licensee shall be solely responsible for the payment of all lawful Fees, taxes
and for the payment of any utility charges in connection with the exercise of
Licensee's right, title, and interest in and to the attachment, installation, operation,
and maintenance of the Licensee Facilities, and the rendering of
Telecommunication Services, under this License Agreement. Notwithstanding the
foregoing however, Licensee shall not be responsible for any income tax incurred
by City as a result of this Agreement.
4.2 License Fee and Other Consideration: In consideration for this License Agreement,
Licensee shall pay to the City a one-time administrative deposit of four thousand
dollars ($4,000) prior to or simultaneously with the execution of this Agreement for
the purpose of reimbursing the City's actual administrative, legal, and consultant
expenses to process all necessary permits and this Agreement.
In addition, Licensee shall initially pay the City Base License Fee in the amount of
One Thousand Seven Hundred Dollars ($1,700.00) for every Licensee Facility on
each City -owned Light Pole (`Base License Fee") with a Commencement Date in
the 2018/2019 fiscal year ("Base Fiscal Fear"), which fiscal year runs from. July 1st
to June 30th. Licensee shall make this first payment within thirty (30) days after the
applicable Commencement Date for the Licensee Facility. The Base License Fee
for a partial year shall be prorated on a 365 day basis from the Commencement
Date through June 30th. Throughout the Term, the Base License Fee or Adjusted
Base License Fee (defined below) shall. be increased to the amount set forth in
Exhibit B, attached hereto and incorporated herein by reference, each year on July
1st (which amount is three percent (3.0%) of the previous fiscal year's Base
License Fee or Adjusted Base License Fee (defined below)). City's failure to
communicate the License Fee adjustments in no way relieves Licensee of its
obligation to pay said Adjusted Base License Fee. The adjusted Base License Fee
shall be referred herein as the "Adjusted Base License Fee"; the first Adjusted Base
License Fee amounts occurring prior to the tenth anniversary adjustment are
contained in Exhibit "B". In connection with each Supplement, Licensee shall pay
the City each year on every July 1 st during the Term the Adjusted License Fee for
such Supplement. For every Supplement with a Commencement Date outside of
the Base Fiscal Year, Licensee shall pay the applicable prorated (as described
above) Adjusted Base License Fee for the applicable Supplement within thirty (30)
days after the applicable Commencement Date and the increased Adjusted Base
License on every July 1st thereafter until the termination or expiration of this
Agreement.
If the Base License Fee or Adjusted Base License Fee is not received by City on or
before the thirtieth (30th) day following its due date, it shall be deemed delinquent.
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If the Base License Fee or Adjusted Base License Fee is not paid before
delinquency, then the amount due and unpaid shall be subject to a late charge at the
rate of ten percent (10%) per annum of the overdue amount, without limitation to
the City's other rights and remedies under this Agreement.
5. Removal and Relocation of Pole Mounted Facilities.
5.1 Relocation: City, in its sole discretion under the circumstances set forth set forth in
Subsections (a) through (b) of Section 5.1.1, may from time to time require
Licensee to remove or relocate its entire or affected portion of the Licensee Facility
and Licensee shall, at City's sole direction, remove or relocate the specified
affected Licensee Facility upon a reasonable request from City based on the
specific configuration or re -configuration of the Public Right -of -Way or roads in
the Public Right -of -Way (by way of example and not limitation - a removal or
relocation caused by the widening of the road) provided that where a removal or
relocation is required by the City, the City will take reasonable steps to provide a
suitable alternative for Licensee to re -locate its affected Licensee Facility. If,
however, a suitable alternative is not available, City or Licensee, at their sole
discretion, may terminate the applicable Supplement for that Licensee Facility, and
such termination will not constitute a breach of this License Agreement. In
connection with any such relocation, if Licensee's Facilities require a Replacement
Light Pole, Licensee shall furnish a Replacement Light Pole for the new location at
Licensee's sole costs and expense. This Replacement Light Pole shall be subject to
the City's review and approval as set forth in Section 6.1 of this Agreement.
5.1.1 Licensee understands and acknowledges that the City may require Licensee
to relocate, and Licensee shall, at City's direction, relocate Licensee's entire
or affected portion of the Licensee Facility upon six (6) months prior
written notice in situations described in Subsection (a) below, and
immediately (defined as 48 hours or less) in situations described in
Subsections (b) and (c) below, at Licensee's sole expense whenever City
reasonably determines that the relocation is needed:
(a) To facilitate or accommodate the constriction, completion, repair,
relocation, or maintenance of a City project;
(b) With the exception of radio interference addressed herein (including
but not limited to Section 13 below), because the Licensee Facility
is interfering with or adversely affecting proper operation of City -
owned Light Poles or other City facilities; or
(c) As required by applicable Laws or Emergency Situation to protect
or preserve the public health, safety, or welfare.
5.1.2 At its sole cost and expense, Licensee shall be responsible for the relocation
of its Licensee Facilities required by the City in accordance with this
Section 5; provided, however, City shall cooperate with Licensee in
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relocating any portion of Licensee's Facility removed pursuant to this
section in a manner that allows Licensee to continue providing service to its
customers, including, but not limited to, expediting approval — paid at
Licensee's sole expense — of any necessary permits required for the
relocation of that portion of Licensee's Facility relocated under this section.
5.1.3 City shall be responsible for the following tasks in connection with the
relocation:
(a) Building the foundation footing for the new Light Pole or
Replacement Light Pole (as applicable) location based on Licensee's
design;
(b) Installing a Light Pole or Replacement Light Pole (as applicable)
and its electrical conduit to that new location; and
(c) Issuing an invoice to Licensee for the difference in costs between
building a new footing and installing the new Light Pole or
Replacement Light Pole (as applicable) versus the costs for a
standard light pole (if any).
Subject to the time frame described in Section 5.1.1 and if circumstances allow,
City agrees that Licensee shall not tenninate the use of any existing City -owned
Light Pole until the Licensee Facility have been installed and are operational on the
alternative City -owned Light Pole. If Licensee fails to relocate the entire or affected
portion of the Licensee Facility as requested by the City in accordance with the
foregoing, City shall be entitled to remove the affected Licensee Facility at
Licensee's sole cost and expense. The City shall have no responsibility or liability
for damage or loss of the entire or affected portion of the Licensee Facility or any
damages, except as otherwise expressly provided herein. For any relocation,
Licensee shall comply with the requirements of Section 6 of this Agreement.
Licensee agrees to use commercially reasonable means to relocate the entire or
affected portion of the Licensee Facility to a location acceptable to both the City
and Licensee. Any relocation will require execution of a Supplement by the Parties.
5.2 Relocation Requests: In the event Licensee desires to relocate the Licensee Facility
from a City -owned Light Pole or other property to another City -owned Light Pole
or other property, Licensee shall so notify City in writing. Licensee may, with the
prior approval of the City, utilize another City -owned Light Pole or other property
for relocation of the Licensee Facility in such a case; provided, Licensee complies
with the requirements of Section 6 of this Agreement. Such approval shall be
completely within the City's sole discretion. Any such relocation will require
execution of a Supplement by the Parties.
5.3 Removal: Unless City and Licensee enter into a written agreement that provides
otherwise, upon the expiration, completion or earlier termination of the Term of
this License Agreement (if such termination includes the simultaneous termination
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of all Supplements) or City's termination of Licensee's right to use a City -owned
Light Pole by way of terminating a certain Supplement or Supplements, Licensee
shall promptly, safely, and carefully remove the entire Licensee Facility installed
by Licensee or designee from the Light Pole, other City property and the Public
Right -of -Way, and Licensee return the Light Pole, City's property and the Public
Right -of -Way to the condition in which the property and/or the Public Right -of -
Way existed immediately prior to Licensee's installation, normal wear and tear
excepted. Upon the expiration, completion or earlier termination of the Term of this
License Agreement (if such termination includes the simultaneous termination of
all Supplements) or City's termination of Licensee's right to use a City -owned Light
Pole by way of terminating a certain Supplement or Supplements, License shall
perform the removal and restoration within sixty (60) business days or such time
period mutually agreed to in writing by the Parties, otherwise City shall have the
option to perform the aforementioned removal and restoration at Licensee's costs
and expense. Notwithstanding the foregoing, and in accordance with Section 2.3
above, if a Supplement survives the expiration of this License Agreement, then
Licensee shall not be obligated to remove its Facilities until the expiration or
termination of the applicable Supplement.
In addition to the foregoing, in the event a Light Pole was a Replacement Light
Pole installed by Licensee, Licensee shall remove the Licensee Facilities and, at
City's sole discretion, modify or replace that Light Pole to those standards required
by the City within thirty (30) business days or such time period mutually agreed to
in writing by the Parties, otherwise City shall have the option to perform the same
at Licensee's cost and expense. Once such Replacement Light Pole has been
completed and accepted by the City, the Replacement Light Pole will become
property of the City. Licensee shall execute such documents required by the City to
cause such a transfer of ownership.
Whenever the removal or relocation of the entire or affected portion of the Licensee
Facility is required under this License Agreement, and such removal or relocation
shall cause the Public Right of Way, the Light Pole, or other City -owned facility to
be damaged, Licensee, at its sole cost and expense, shall promptly repair such
damage and return the Public Right of Way, the Light Pole, and/or other City -
owned facility, in which the Licensee Facility is located, to a safe and satisfactory
condition in accordance with applicable Laws, normal wear and tear excepted. If
Licensee does not repair the site as just described within either (a) thirty (30)
business days or such time period mutually agreed to in writing by the Parties or (b)
sooner if the conditions set forth in Section 7 exist, then the City shall have the
option to perform or cause to be performed such reasonable and necessary work on
behalf of Licensee and charge Licensee for the costs incurred by City. The City
shall not be obligated to extend the removal deadline if such extended deadline is
not in the City's best interests. The City shall not be responsible for any damages to
the Licensee Facilities, except as otherwise expressly provided herein. Upon the
receipt of a demand for payment by the City, Licensee shall reimburse the City for
such costs and expenses within sixty (60) days of its receipt of an invoice together
with reasonable supporting documentation or shall be subject to a late charge at the
13
rate of five percent (5%) per annum of the overdue amount, without limitation to
City's other rights and remedies under this License Agreement.
6. Installation.
6.1 Site Plans and other Approvals: Licensee shall not install, operate, or maintain any
Licensee Facilities on a City -owned Light Pole without a City -approved Notice to
Proceed and a City -approved Site Plan, Schedule of Performance, and Right -of -
Way Construction Permit. Prior to the issuance of a Notice to Proceed for a
Licensee Facility, Licensee shall submit a proposed site plan and proposed
schedule of performance for the Director of Public Works or designee's approval.
Within forty-five (45) days of Licensee's submission, the Director of Public Works
or designee may either approve those documents or require Licensee to make
modifications to the proposed site plan and schedule of performance. If applicable,
Licensee shall submit its revised proposed site plan and/or proposed schedule of
performance for the Director of Public Works or designee's approval. Within forty-
five (45) days of Licensee's submission of the revised documents, the Director of
Public Works or designee may either approve those revised documents or require
Licensee to make modifications to the proposed site plan and schedule of
performance. The foregoing process shall be repeated until the proposed site plans
and proposed schedule of performance are approved by the Director of Public
Works or designee. If approved, Licensee shall submit a request for a Right -of -Way
Construction Permit. This Right -of -Way Construction Permit will be issued by the
City Engineer or designee with any terms and conditions the City Engineer or
designee determines to impose upon the permit. Such determination shall be made
in the City Engineer or designee's sole discretion.
Upon the (a) approval of the Site Plan and Schedule of Performance and (b)
issuance of a Right -of -Way Construction Permit, the City will issue a Notice to
Proceed within ten (10) days after issuance of the Right -of -Way Construction
Permit. After Licensee has obtained an approved Site Plan and Notice to Proceed,
and has completed installation of Licensee Facilities in accordance with the Site
Plan, Licensee shall have the right to maintain, as it deems necessary, any Licensee
Facility upon notice to City.
In case the Licensee Facilities require replacement of a City -owned Light Pole, the
Licensee shall be responsible for all costs to design, procure and install a
Replacement Light Pole. The Replacement Light Pole shall be subject to the review
and approval of the City. Upon completion of its installation of the Replacement
Light Pole and acceptance by City, Replacement Light shall become the City's
property. Licensee shall execute such documents required by the City to cause the
Replacement Light Pole to transfer of ownership to the City.
In the event a Light Pole has been removed and a Replacement Light Pole for that
Light Pole has not been accepted by the City prior to the termination of this License
Agreement, Licensee shall be responsible for all costs and expenses associated with
making such adjustments to the Replacement Light Pole so that it is consistent with
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City standards. Such light pole shall be subject to the review and approval process
set forth in the previous paragraph.
6.2 Added Facilities: If Licensee desires to modify or add Licensee Facilities on a City -
owned Light Pole beyond those set forth in a Supplement or previously approved
under, this Section are modified or added after the Effective Date, Licensee shall
submit a request ("Modification Request") to add to or modify Licensee Facilities.
The City's Director of Public Works or designee will review the Modification
Request, and the Director of Public Works or designee may approve or deny, in
writing, the request in his/her sole discretion. With any Modification Request,
Licensee shall comply with the requirements set forth in Sections 1.20 and 6.1. If
the Director of Public Works or designee approves the Modification Request, the,
added or modified Licensee Facilities shall be reflected in Attachment A of the
applicable Supplement. The aforementioned written approval shall constitute the
Notice to Proceed for such additional Licensee Facility and the date of such written
approval shall be the Commencement Date under Section 4.2 as to such Licensee
Facility. Licensee has the right to replace existing Licensee Facilities with like -kind
facilities that are substantially similar to existing Licensee Facilities without the
City's approval. Licensee will, however, require the City's approval if the
substantially similar or like -kind facilities include: (a) any modification increasing
the Radio Frequency Exposure Study parameters; (b) modification affecting the
external aesthetics of the Light Pole; or (c) modifications potentially impacting the
structural integrity of City -owned Light Pole or use of the Public Right -of -Way.
6.3 Installation: Upon receipt of the Notice to Proceed and execution of a Supplement
by both Parties, Licensee may install the Licensee Facilities and, if applicable the
Replacement Light Pole; provided, such installation is carried out in accordance
with the terms of this Agreement and the applicable Notice to Proceed, Site Plan,
Schedule of Performance, and Right of Way Construction Pen -nit. Upon Licensee's
completion of the Licensee Facility and, if applicable, the Replacement Light Pole,
the Licensee Facility shall be inspected by the City to confirm that the installation
complies with the terms of this Agreement and the applicable Notice to Proceed,
Site Plan, Schedule of Performance, and Right of Way Construction Permit.
Licensee shall notoperatethe Licensee Facility until that facility has passed the
City's inspection. Licensee hereby accepts use of a City -owned Light Pole in an
"as -is" condition, with no warranty, express or implied from Licensor as to any
latent, patent and unforeseeable condition of the City -owned Light Pole, including
its suitability for use by Licensee. Further, Licensee has determined, among other
things, that the Light Poles that are involved in or related to any of Licensee's work
or perfonnance under this Agreement are in full compliance with Cal OSHA rules
and regulations, General Orders 95 and 128 and other applicable Laws to the extent
such rules and regulations would have any application whatsoever to Licensee's
work or performance under this Agreement, or, if they are not in such compliance,
Licensee shall notify Licensor in writing of such fact prior to commencing any
work or performance involving or related to said Light Pole.
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6.4 Installation Time Limit: Licensee shall install the Licensee Facilities, the
Replacement Light Pole (if applicable) and other City -specified fixtures and/or
equipment related thereto within one -hundred -and -eighty (180) days of the later of
the receipt of Notice to Proceed from the City or execution of the Supplement. The
time periods set forth in this Section 6.4 may be extended in the sole discretion of
the Director of Public Works or designee.
6.5 Prevailing Wage: Licensee is aware of the requirements of California Labor Code
Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., ("Prevailing Wage Laws"). If required by
applicable law in connection with any work performed under this Agreement,
Licensee and all affiliates, contractors or subcontractors are required to pay the
general prevailing wage rates of per diem wages as well as overtime and holiday
wages as determined by the Director of the Department of Industrial Relations
(DIR). It is agreed by the Parties that, in connection with any work performed
under this Agreement by Licensee, Licensee shall bear all risks of payment or non-
payment of prevailing wages under the Prevailing Wage Laws, as the same may be
amended from time to time, and Licensee hereby agrees to defend, indemnify, and.
hold the City, its officials, officers, employees, agents, representatives and
volunteers, free and harmless from any claim or liability arising out of any failure
or alleged failure to comply with the Prevailing Wage Laws.
6.6 Drawings: Licensee shall provide City with as -built drawings of the Licensee
Facilities, the Replacement Light Pole (if applicable), equipment, and
improvements installed on City property or Public Right -of -Way within thirty (30)
days after Completion of Work, which show the actual location of all Licensee,
Facilities, equipment, and improvements. Said as -built drawings shall be
accompanied by a complete and detailed inventory of all of Licensee's equipment,
personal property, and Licensee Facilities actually installed.
6.7 No Liability: No review or approval under this Section shall impose or create any
additional liability on or for City, and shall not relieve Licensee of any
responsibility or liability which Licensee may have under this Agreement or by
law.
7. Emergency Restoration.
If due to an Emergency Situation such as a damaged or destroyed City -owned Light Pole,
the continued use of which threatens the health or safety of persons or property, as solely
determined by the City's Electric field crews, immediate removal of the City -owned Light
Pole shall be required. City's Electric field crews will remove and replace, if possible, the
destroyed or damaged City -owned Light Pole and will notify the Licensee within such time
frame determined by City staff. Licensee's restoration crew will be responsible for the
removal of the Licensee Facilities from the damaged or destroyed City -owned and, if
applicable, the reinstallation of the Licensee Facilities on a replacement City -owned Light
Pole. The installation of a replacement Light Pole shall occur within the timeframe devised
by the City, which the City may modify in its sole and absolute discretion. Prior to the
16
installation of Licensee's Facilities on the new Light Pole, Licensee shall comply with the
requirements of Section 6 of this Agreement. If, however, a suitable alternative is not
available, City or Licensee, at their sole discretion, may terminate this License Agreement
for that Licensee Facility, and such termination will not constitute a breach of this License
Agreement. The City will not be liable or responsible for any financial and/or nonfinancial
damage to or caused by the Licensee Facilities and accessories on account of the removal,
replacement, or transportation of the damaged or destroyed Light Pole. The Tustin
Department of Public Works may be reached at (714) 573-3150. Licensee's emergency
contact information is listed under Section 10 and Subsection 14.5.
S. Indemnification; Limitation of Liability.
8.1 General: To the fullest extent permitted by law, as respects bodily injury, death,
personal injury, or third -party property damage, Licensee agrees to indemnify,
defend, and hold harmless City, its officials, officers, employees, agents, and
representatives from and against any and all claims, losses, damages, defense costs,
or liability, of any kind or nature (collectively referred to hereinafter as "Claims"),
arising out of or in connection with Licensee's (or Licensee's contractors' or
subcontractors', if any): (i) acts, errors, omissions, or unsafe acts, or (ii) work
performed by, or on behalf of, Licensee, relative to this Agreement; except for
those Claims which arise out of the sole active negligence or willful misconduct of
City or its employees or agents. As respects any damage or loss which does not
arise out of or involve bodily injury, death, personal injury, or third -party property
damage, Licensee agrees to indemnify, defend, and hold harmless City, its officials,
officers, employees, agents and representatives from and against any and all claims,
losses, damages, defense costs, or liability, of any kind or nature (collectively
referred to hereinafter as "Other Claims"), arising out of or in connection with
Licensee's (or Licensee's contractors' or subcontractors', if any) negligent or
wrongful performance under this Agreement; except to the extent that such Other
Claims arise out of the acts, errors, or omissions of City or its employees or agents.
The obligations set forth in this Indemnification Provision (i) shall be in effect
without regard to whether or not City, Licensee, or any other Person maintains, or
fails to maintain, insurance coverage, or a self-insurance program, for any such
Claims or Other Claims; and (ii) shall survive the termination of this License
Agreement. Nothing herein shall prevent Licensee's insurer(s) from satisfying
Licensee's obligations under this Section.
8.2 Hazardous Materials: Without limiting the scope of Subsection 8.1 above, or the
duties and obligations set forth therein, Licensee will be solely responsible for and
will defend, indemnify, and hold City, its agents, and employees harmless from and
against any and all claims, costs, and liabilities, including attorney's fees and costs,
arising out of or in connection with the cleanup, restoration of the Public Right -of -
Way, personal injury, property damage, bodily injury or other damages resulting
from Licensee's use of Hazardous Materials on the Public Right -of -Way. Licensor
will be solely responsible for and will defend, indemnify, and hold Licensee, its
agents, and employees harmless from and against any and all claims, costs, and
liabilities, including attorney's fees and costs, arising out of or in connection with
17
the cleanup, restoration of the Public Right -of -Way, personal injury, property
damage, bodily injury or other damages resulting from Licensor's use of Hazardous
Materials or from any presence, handling or disposal of Hazardous Materials on the
Public Right -of -Way on or before the Commencement Date. For purposes of this
License Agreement, "Hazardous Materials" shall be interpreted broadly and
specifically includes, without limitation, petroleum or any petroleum product,
asbestos, fuel, batteries and/or any substance known by the State of California to
cause cancer and/or reproductive toxicity, and/or any substance, chemical, waste, or
other materials identified or defined as hazardous, toxic or dangerous in any
federal, state, or local environmental or safety law or regulations including, but not
limited to the Comprehensive Environmental Response, Compensation and
Liability Act ("CERCLA").
8.3 Limitation of Liability: The Parties expressly agree that each Party shall not be
liable to the other Party for incidental, consequential, punitive, or exemplary
damages, regardless of whether a Party is advised of, or otherwise should have.
been aware of, the possibility of such damages, regardless of the legal theory or
basis for such claim. Notwithstanding the foregoing, the Parties acknowledge that
any limitation of liability under this Section shall not apply to, or diminish
Licensee's responsibly for, any bodily injury, death, personal injury, or damage to
the property of a Person not a party to this License Agreement, including, without
limitation, the injury to, death of, or personal injury to any Person, City employee,
or Persons working for, or on behalf of, Licensee or Licensee's contractors or
subcontractors, if any.
9. Insurance.
9.1 Compliance with Insurance Requirements: Without limiting the indemnification
obligations herein, Licensee shall obtain, maintain, and keep in full force and effect
during the Term of this Agreement and any Supplements, at its sole cost and
expense, in a form satisfactory to City all insurance required under this Section.
Licensee shall not commence any activities under this License Agreement unless
and until it has provided evidence satisfactory to City that it has secured all
insurance required under this Section. In addition, Licensee shall not allow any
subcontractor to commence any activities under this License Agreement until it has
provided evidence satisfactory to City that the subcontractor has secured all
insurance required under this Section . If Licensee's existing insurance policies do
not meet the insurance requirements set forth herein, Licensee agrees to amend,
supplement or endorse the policies to do so.
9.2 Types of Insurance Required. Without limiting City's right to indemnification, it is
agreed that Licensee shall secure, prior to commencing any activities under this
License Agreement, and maintain, during the Term of this License Agreement,
insurance coverage as follows:
9.2.1 Workers' Compensation Insurance. Licensee shall obtain and maintain, in
full force and effect throughout the term of this Agreement, Workers'
Compensation Insurance in at least the minimum statutory amounts, and in
compliance with all other statutory requirements, as required by the State of
California. Licensee shall obtain and maintain, in full force and effect
throughout the term of this Agreement, Employer's Liability Insurance
written on a per occurrence basis with limits of one million dollars
($1,000,000.00) per accident for bodily injury or disease policy limits.
9.2.1.1 Workers' Compensation shall contain the following provisions, or
Licensee hsall provide endorsements to add the following provisions
to the insurance policies:
9.2.1.1.1 Waiver of Subrogation. A waiver of subrogation stating
that the insurer waives all rights of subrogation against the
indemnified parties
9.2.2 Commercial General Liability Insurance. Licensee shall obtain and
maintain, in full force and effect, throughout the term of this Agreement,
Commercial General Liability Insurance on an ISO CGL form 00 01 or
equivalent, including coverage for Premises and Operations, Contractual
Liability, Personal Injury Liability, Products/Completed Operations
Liability, and Independent Contractor's Liability (if applicable), in an
amount of Two Million Dollars ($2,000,000) per occurrence, Three Million
Dollars ($3,000,000) annual aggregate, written on an occurrence form,
provided this coverage may be maintained by Licensee combining primary
and excess policies to meet these requirements.
9.2.3 Automobile Liability Insurance. Licensee shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of
Automobile Liability Insurance written on a per occurrence basis with
limits of one million dollars ($1,000,000.00) combined limit for each
accident covering bodily injury and property damage. The policy shall
specifically include coverage for owned, non -owned, leased, and hired
automobiles.
Notwithstanding the forgoing, Licensee may, in its sole discretion, self insure any
of the required insurance under the same terms as required by this Agreement as
long as it or its affiliated parent maintains a net worth of at least $200 million as
evidenced in certified annual financials. In the event Licensee elects to self -insure
its obligation under this Agreement to include Licensor as an additional insured, the
following conditions apply: (i) Licensor shall promptly and no later than thirty (30)
days after notice thereof provide Licensee with written notice of any claim,
demand, lawsuit, or the like for which it seeks coverage pursuant to this Section
and provide Licensee with copies of any demands, notices, summonses, or legal
papers received in connection with such claim, demand, lawsuit, or the like; (ii)
Licensor shall not settle any such claim, demand, lawsuit, or the like without the
ILI'
prior written consent of. Licensee; and (iii) Licensor shall fully cooperate with
Licensee in the defense of the claim, demand, lawsuit, or the like.
9.3 Insurance Endorsements: Each insurance policy required by this Agreement, except
policies for Workers' Compensation, shall contain the following provisions, or
Licensee shall provide endorsements on forms approved by City to add the
following provisions to the insurance policies:
9.3.1 Primary and Non -Contributing Insurance. All required policies of
Commercial General Liability Insurance and Automobile Liability
Insurance shall be primary and any other insurance, deductible, or self-
insurance maintained by the City, its officials, officers, employees, agents,
volunteers or representatives, and shall not contribute with this primary
insurance.
9.3.2 Additional Insureds. The City of Tustin, its officials, officers, employees,
agents, volunteers and representatives shall be included as additional
insureds as respects the acts, omissions, operations, and activities of, or on
behalf of, the named insured, in regard to products supplied, or work or
services performed under this Agreement with the City.
Additional insured endorsements shall not (1) be restricted to "ongoing
operations", (2) exclude "contractual liability", (3) restrict coverage to
"sole" liability of Licensee, or (4) contain any other exclusions contrary to
the Agreement; and, the coverage shall contain no special limitations on the
scope of protection afforded to additional insureds other than claims solely
cause by the additional insureds.
9.3.3 Notice of Cancellation. The policy or policies of insurance required by this
Section shall be endorsed to state that coverage shall not be cancelled, or
non renewed except after thirty (30) days prior written notice by First Class
U.S. Mail, postage -prepaid, has been provided to the City. Notwithstanding
the foregoing, if coverage is to be cancelled because of Licensee's failure to
pay the insurance premium, the notice provided to the City shall be by ten
(10) days prior written notice.
9.4 Evidence of Coverage: Prior to commencing any activities -under this License
Agreement, Licensee shall deliver to City certificates of insurance together with
original endorsements affecting each of the insurance policies required by this
Section. The certificates of insurance and original endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf. At least ten (10) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or extended
shall be filed with the City. Also, in the event that (i) a claim is filed against City,
or its officers, employees, agents, or representatives, for which City believes, in
good faith, there may be coverage under an insurance policy required by this
License Agreement, and (ii) City has tendered such claim to the insurer that issued
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such policy, and (iii) such insurer has not agreed, within ninety (90) days, to cover
such claim, including defense and indemnity, without reservation, then City has the
right to demand of Licensee, and to receive within thirty (30) days, a copy of such
insurance policy.
9.5 Acceptability of Insurers: Insurance required by this Section shall be issued by a
licensed company authorized to transact business in the state by the Department of
Insurance for the State of California with a current rating of A -:VII or better (if an
admitted carrier), or a current rating of A:X or better (if offered by a non -admitted
insurer listed on the State of California List of Eligible Surplus Lines Insurers
(LESLI), by the latest edition of A.M. Best's Key Rating Guide, except that the
City will accept workers' compensation insurance from the State Compensation
Fund. h -i the event the City determines that the work to be performed under this
Agreement creates an increased or decreased risk of loss to the City, the Licensee
agrees that the minimum limits of the insurance policies may be changed
accordingly upon receipt of written notice from the City. Licensee shall
immediately substitute any insurer whose A.M. Best rating drops below the levels
specified herein.
9.6 Insurance for Subcontractors: Licensee shall include all subcontractors engaged in
any work for Licensee relating to this Agreement as additional insureds under the
Licensee's insurance policies, or Licensee shall be responsible for causing its
subcontractors to procure and maintain the appropriate insurance in compliance
with the terms of the insurance requriements as set forth in this section including
adding the City, its officials, officers, employees, agents, volunteers and
representatives, as additional insureds to their required auto and general liability
policies. Licensee shall not allow any subcontractor to commence any work
relating to this Agreement unless and until it has received satisfactory evidence of
their compliance with all insurance requirements under this Agreement, to the
extent applicable. Licensee agrees to provide satisfactory evidence of compliance
with this Subsection upon request of the City.
9.7 Requirements not Limiting: Requirements for specific coverage or limits contained
in this Section are not intended as a limitation on coverage, limits, or other
requirements, or a waiver of any coverage normally provided by any insurance.
Nothing in this Section shall be construed as limiting in any way the
indemnification provisions contained in this Agreement, or the extent to which
Licensee may be held responsible for payments of damages to persons or property
10. Notices and Emergency Numbers.
All notices which shall or may be given pursuant to this License Agreement shall be in
writing and delivered personally or transmitted: (i) through the United States mail, by
registered or certified mail, postage prepaid; or (ii) by means of prepaid overnight delivery
service as follows:
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City: City of Tustin
Attention: City Clerk
300 Centennial Way
Tustin, CA 92780
With Copy to: City of Tustin
Attention: Director of Public Works
300 Centennial Way
Tustin, CA 92780
With Copy to: Tustin City Attorney
c/o Woodruff Spradlin & Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
Licensee: New Cingular Wireless PCS, LLC
Attn: Tower Asset Group — Lease Administration
Re: Wireless Installation on Public Structures
City of Tustin, CA
575 Morosgo Drive NE
Atlanta, GA 30324
With Copy to New Cingular Wireless PCS, LLC
(excluding bills): Attn: AT&T Legal Dept. - Network Operations
Re: Wireless Installation on Public Structures
City of Tustin, CA,
208 S. Akard Street
Dallas, TX 75202-4206
Notices shall be deemed given upon receipt in the case of personal delivery, five (5) days
after deposit in the mail, or the next day in the case of overnight delivery. Either Party may
from time to time designate any other address for this purpose by written notice to the
other Party in the manner set forth above.
In an Emergency Situation, the following numbers shall be used:
City: 714-573-3150
Licensee: Network Operations Center
Telephone Number: 800-832-6662
Any form of contact with these numbers shall not be used as notice required by this
Section or other parts of this Agreement unless expressly stated in this Agreement.
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11. Termination.
11.1 Except as expressly set forth in this Agreement, this License Agreement and/or any
Supplement may be terminated by either Party upon thirty (30) days' prior written
notice to the other Party upon a default of any material covenant or term hereof by
the other Party, which default is not cured within thirty (30) days of receipt of
written notice of default [or, if such default is not curable within thirty (30) days, if
the defaulting Party fails to commence such cure within thirty (30) days or fails to
thereafter diligently prosecute such cure to completion], provided that the grace
period for any monetary default is ten (10) days from receipt of notice.
11.2 Licensee may terminate this License Agreement or any Supplement without cause
with ninety (90) days prior written notice to City. Any Base License Fee and
Adjusted Base License Fees previously paid by Licensee to City are nonrefundable.
Licensee shall pay City any outstanding Base License Fee or Adjusted Base
License Fees without proration, including any amounts due during the ninety (90)
notice period.
12. Interruptions of Service.
At its sole cost and expense, Licensee agrees to install a clearly marked and accessible
Licensor Antenna power "cut-off' switch to be located on the Light Pole. The Licensee
shall also install at its sole cost and expense a signal switch which is capable of remotely
de -energize the Antennas in the manner required by this Section 12 ("Signal Switch").
12.1 Maintenance: If maintenance of City Facilities or Light Poles requires Licensor's
employees or agents to come within the stand-off distance identified in the final
RFES Study, Licensor shall notify Licensee not less than twenty-four (24) hours in
advance of this maintenance and request that Licensee temporarily shut off power
to the Antennas in accordance with the Signal De -Energize Process (as defined
herein). Licensee shall comply with this request; however, Licensor will attempt to
conduct its activities according to Licensee's preferred schedule unless that
schedule would unreasonably delay maintenance or increase costs. Upon
completion of the maintenance, Licensor shall notify Licensee, and Licensee may
then activate the power to its facility. Licensor shall not be liable to Licensee or any
other party for any interruption in Licensee's service or interference with the
operation of Licensee Facilities. In the event that the Antennas must be deenergized
to ensure the safety of Licensor's employees or agents, the following protocol must
be followed ("Signal De -Energize Process"):
12.1.1 Licensor shall contact Licensee at 800-832-6662 to request the Signal
Switch to de -energize the Antennas.
12.1.2 Licensee shall thereafter de -energize the Antennas by switching off the
Signal Switch. Licensee shall respond within twenty-four (24) hours after
Licensor contacts Licensee at the telephone number set forth in Subsection
12.1.1. If Licensee is unable to respond within twenty-four (24) hours,
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Licensor may de -energize the Antenna and notify Licensee thereafter. In
such instances, Licensor will reenergize the Antenna as soon as possible
after Licensor has completed its work. Licensor may terminate Licensee's
use of a Light Pole and such other Light Poles contained in the same
Supplement with five (5) business days written notice to Licensee, when
Licensee fails to cooperate with Licensor to deenergize the Antennas of a
Light Pole as required by this Section on three (3) separate occasions within
a calendar year.
12.1.3 After the Licensor confirms with Licensee at the telephone number set forth
in Subsection 12.1.1 that the Antennas have been de -energized by the
Signal Switch, Licensor shall also switch -off the local cut-off switch to the
Antennas. Licensor shall not do the foregoing until it confirms with the
Licensee at the telephone number set forth in Subsection 12.1.1 that the
Antennas have been de -energized.
12.1.4 After Licensor performs the maintenance or other work in the vicinity of the
Antennas, Licensor shall switch -on the local cut-off switch to the Antennas.
Thereafter, Licensor shall contact Licensee at the telephone number set
forth in Subsection 12. 1.1 to notify it that the Antennas may be energized.
Except in an Emergency Situation, Licensor will try as much as possible to
perform the maintenance or other work in the vicinity Antennas within
thirty (30) minutes after Licensor has confirmed that the Antennas have
been de energized.
12.2 Emergency Situations. Licensee understands that Licensee Facilities are located on
public property and Emergency Situations may develop from time -to time that
require power to the Antennas to be immediately shut off. Licensee agrees that if an
Emergency Situation occurs, Licensor shall have the right to immediately shut off
power to the Antennas. If reasonably possible, Licensor shall immediately notify
Licensee. Once the work has been completed and the workers have departed the
exposure area, the party who accomplished the power -down shall restore power and
inform Licensee as soon as possible that power has been restored. Notwithstanding
the foregoing, Licensor will not immediately shut off power to the Antennas and
follow the Signal De- Energize Process provided the Director of Public Works or
designee determines in his/her sole discretion that (a) the Emergency Situation does
not require an immediate shut off of power to the Antennas; and (b) Licensee's
employee or agent will perform the shut off of power within a timeframe which
will not exacerbate the Emergency Situation. Licensee agrees not to hold Licensor
responsible or liable for and shall protect, defend, and indemnify and hold Licensor
harmless for any damage, loss, claim, or liability of any nature suffered as a result
of the loss of the use of Licensee Facilities or other communication facilities. The
Base License Fee or Adjusted Base License Fee, prorated to a 365 -Day year, shall
be abated for any day, or part thereof, in which power to the Antennas are shut off
pursuant to this Subsection 12.2. If, on account of the shut off, Licensor interrupts
Licensee's use of the Licensee Facilities for a period greater than ten (10)
consecutive days, Licensee shall have the right to terminate the affected
24
Supplement and/or this Agreement upon thirty (30) days prior written notice to
Licensor.
13. Interference.
Licensee, at its own sole cost and expense, shall operate, maintain, repair, and utilize
Licensee Facilities in a manner which does not cause radio frequency interference with (i)
Licensor's use of the Light Poles and the Public Right -of -Way, (ii) the communications of
other government entities, or (iii) any other telecommunication licensee or lessee on the
Light Pole.
13.1 interference with City Facilities: If Licensor determines Licensee Facilities cause
radio frequency interference with either (i) Licensor's use of Light Pole or City's
use of the Public Right -of -Way, or (ii) the communications of other government
entities, Licensee shall cease such interference or remedy the same within three (3)
Business Days of receiving written notice from the Licensor. If Licensee is unable
to remedy or terminate (including the shutting off of equipment) the interference to
a level acceptable to Licensor or the FCC, either Party may terminate this
Agreement with respect to Licensee's use of an affected Light Pole and such other
Light Poles contained in the same Supplement at their sole discretion upon five (5)
Days prior written notice to the other Party.
13.2 Interference with Other Licensees: Licensee agrees that its operation of its
facilities shall not cause any direct or indirect radio frequency inference with any
other telecommunication licensees or lessees on the Light Pole or Public Right -of -
Way. Any such interference shall be resolved by Licensee and the affected licensee
in accordance with applicable Law, including, but not limited to, FCC rules set forth
in 47 C.F.R. Part 22.
14. Miscellaneous Provisions.
I
14.1 Assignin : Licensee shall not assign, sell, or transfer its interest under this
License Agreement without the express prior written approval and consent of the
City, which consent shall not be unreasonably withheld, conditioned, or delayed.
Any attempted assignment, sale, or transfer in violation of this Section shall be
void. The transfer of the rights and obligations of Licensee to a parent, subsidiary,
or other affiliate of Licensee, or to any successor -in -interest or entity acquiring
thirty-five percent (35%) or more of Licensee's stock or assets, shall not be deemed
an assignment. Licensee shall give to the City written notice of any such transfer
within thirty (30) days thereafter. If any proposed transferee will have a financial
strength or creditworthiness after the proposed transfer of at least equal to that of
Licensee prior to the transfer, it shall not be deemed reasonable for the City to
withhold its consent to the proposed transfer unless the proposed transferee has a
record of nonperformance under similar agreements which is unacceptable to the
City under a reasonable standard of evaluation.
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14.2 FCC License; Nonexclusive Use: Licensee represents that it has the license to
operate in the radio spectrum for which a license from the FCC is required for each
such Licensee Facilities referenced in any Supplement. Licensee understands that
this License Agreement does not provide Licensee with exclusive use of any City -
owned Light Pole or property and that City shall have the absolute right to permit
other third party attachments to the City -owned Light Poles.
14.3 Entire Agreement: This License Agreement contains the entire understanding
between the Parties with respect to the subject matter herein. There are no
representations, agreements or understandings, whether oral or written, between or
among the Parties relating to the subject matter of this License Agreement, which
are not fully expressed herein.
14.4 Severabilitv: If any one or more of the Provisions of this License Agreement shall
be held by court of competent jurisdiction in a final judicial action to be void,
voidable, or unenforceable, such Provision(s) shall be deemed severable from the
remaining Provisions of this License Agreement and shall in no way affect the
validity of the remaining portions of this License Agreement.
14.5 24-hour Availability: Licensee shall be available to the staff employees of any City
department having jurisdiction over Licensee's activities twenty-four (24) hours. a
day, seven (7) days a week, regarding problems or complaints resulting from the
attachment, installation, operation, maintenance, or removal of the Licensee
Facilities or any portion thereof. The City may contact Licensee by telephone at
800-832-6662.
14.6 Amendment: This License Agreement may not be amended except pursuant to a
written instrument signed by both Parties.
14.7 Governing Law: This Agreement shall be construed and interpreted both as to
validity and to performance of the Parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim or matter arising out of
or in relation to this Agreement shall be instituted in the Superior Court of the
County of Orange, State of California, or any other appropriate state or federal
court in such county, and Licensee covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
14.8 Third Party Beneficiary: Nothing in this License Agreement shall be deemed or
otherwise construed as granting any rights, benefits or interests to any individual,
entity or body who/that is not a party to this Agreement.
14.9 Incorporation of Exhibits: All exhibits referred to in this License Agreement and
any addenda, attachments, and schedules which may, from time to time, be referred
to in any duly executed amendment, if any, to this License Agreement are by such
reference incorporated in this License Agreement and shall be deemed a part of this
License Agreement as though more fully set forth herein. All requirements or
Provisions contained in any of the exhibits are material terms and conditions of this
License Agreement and enforceable as such.
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14.10 Successors in Interest: This License Agreement shall be binding upon and inure to
the benefit of Parties' successors and assigns.
14.11 City Rules, Regulations, and Specifications: Licensee acknowledges that the City,
may develop rules, regulations, and specifications for the attachment, installation,
maintenance, and removal of the Licensee Facilities on the City -owned facilities,
including Light Poles, and such rules, regulations, and specifications, and when
finalized, shall govern Licensee's activities hereunder as if they were in effect at
the time this License Agreement was executed by the City.
14.12 Corporate Authority: Each individual executing this License Agreement on behalf
of a Party hereto warrants that: (i) such Party is duly organized and existing, (ii) the
signer is duly authorized to execute and deliver this License Agreement on behalf
of said Party, (iii) by so executing this License Agreement, such Party is formally
bound to the Provisions of this License Agreement, (iv) the Party's entry into this
License Agreement does not violate any Provision of any other agreement to which
said Party is bound, and (v) there is no litigation or legal proceeding that would.
prevent said Party from entering into this License Agreement.
14.13 Captions: The captions of the various Sections in this License Agreement are for
convenience only, and are not intended to be any part of the body of this License
Agreement, nor are they intended to be referred to in construing the Provisions of
this License Agreement.
14.14 Counterparts: This License Agreement may be executed in one or more
counterparts, and all the counterparts shall constitute but one and the same
agreement, notwithstanding that all parties hereto are not signatories to the same or
original counterpart.
14.15 Advice of Counsel; Interpretation: Each Party acknowledges that it has had the
benefit of advice of competent legal counsel with respect to its decision to enter
this License Agreement. The Provisions of this License Agreement shall be
interpreted to give effect to their fair meaning and shall be construed as prepared by
both Parties.
14.16 No Waiver: The failure of any Party to enforce against the other a Provision of this
License Agreement shall not constitute a waiver of that Party's right to enforce
such Provision at a later time.
14.17 Exhibits: The attached exhibits are made a part hereof:
Exhibit A: Form of Supplement with Attachment A: Notice to Proceed, Right -of -
Way Construction Permit, Schedules of Performance, and Site Plan; and Radio
Frequency Emission. Exposure Study for each Site Plan; and
Exhibit B: License Fee Schedule
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Except for Exhibit B, the information contained in any such exhibits or any
Supplement may be added to, changed, or amended from time to time on the same
terms and conditions as reflected in the License Agreement subject to the mutual
agreement in writing by Licensee's designated representative and, in the case of the
City, the Director of Public Works. Such mutual written agreement by each of the
Party's designated representative shall be deemed an addition change, or an
amendment of this License Agreement not requiring further amendment to the
entire License Agreement. In the event of a conflict between the terms of this
Agreement, a Supplement and the Exhibits, the terms of this Agreement shall
govern.
14.18 Abandonment: Should Licensee fail at any time for a continuous period of six (6)
months to use the Licensee Facilities or the City -owned Light Pole where the
Licensee Facility is or is to be located or any part thereof for the purposes
contemplated by this License Agreement, then City may terminate this License
Agreement, upon sixty (60) days prior written notice to Licensee, to the extent of
the portion so abandoned or discontinued. In addition to any other rights or
remedies, City shall immediately be entitled to exclusive possession and ownership
of the portion so abandoned or discontinued, without the encumbrance of this
License Agreement. Upon termination, Licensee shall remove the Licensee
Facilities and restore the City -owned. Light Poles and Public Right -of -Way in
accordance with the applicable standards, normal wear and tear excepted. If
Licensee fails to remove its Licensee Facilities within thirty (30) days of
termination of this Agreement or such time period mutually agreed to in writing by
the Parties, the City may remove the facilities at its sole discretion and issue an
invoice to the Licensee for this work which Licensee shall pay within thirty (30)
days. The City shall not be obligated to extend the removal deadline if such
extended deadline is not in the City's best interests.
14.19 Successor Laws: Whenever this Agreement specifically refers to any law, code
section, regulation, tariff, government department or agency, the Parties hereby
agree that the reference also refers to any successor to such law, tariff or
organization.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties hereto have caused this License Agreement to be executed
by their duly authorized officers.
LICENSOR:
CITY OF TUSTIN, a municipal corporation
By:
Al Murray, Mayor
ATTEST:
Erica N. Yasuda
City Clerk
APPROVED AS TO FORM
By:
David E. Kendig
City Attorney
Date:
LICENSEE:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
aures Stickney
Director — Construction & Engineering
Date: August 17, 2018
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On August 17, 2018
before me, Cecilia Sifuentes - Notary Public
(insert name and title of the officer)
personally appeared James Stickney
who proved to me on the basis of satisfactory evidence to be the personkwwhose name(,$)-i's/ager'
subscribed to the within instrument and acknowledged to me that he/sem/twexecuted the same in
his/t}eP/tho'authorized capacity(;, and that by hislWltW signature(s�Dn the instrument the
perso%4, or the entity upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
CECILIA SIFUENTES
Notary Public • California L
iVMyLos Angeles County i
zCommission # 2152447 n Comm. Expires May 8.2020
EXHIBIT A
Form of Supplement
This Supplement is made pursuant to the License Agreement to Attach, Install, Operate,
and Maintain Telecommunications Facilities on Street Light Poles (the "Master Agreement'),
between the CITY OF TUSTIN, a municipal corporation ("Licensor") and NEW CINGULAR
WIRELESS PCS, LLC, a Delaware limited liability company d/b/a AT&T Mobility ("Licensee")
dated , 20_. This Supplement is governed by the provisions of the Master Agreement, and this
Supplement is incorporated into that Master Agreement.
1. Licensee site name and number: [LICENSEE TO COMPLETE]
2. Pole number: [CITY TO COMPLETE]
3. Licensee site legal description: [IF APPLIC ABLE, LICENSEE TO
COMPLETE]
3. Site Latitude and Longitude (Approximate): [LICENSEE TO COMPLETE]
4. Commencement Date: See Master Agreement
5. Base License Fees: See Master Agreement
6. Term: See Master Agreement
7. Renewal Options: See Master Agreement
8. Licensor contact for emergencies: 714-573-3150
9. Licensee contact for emergencies: [INSERT NUMBER]
10. Description of Licensee Facilities:
11. Special provisions, if any (site specific):
[SIGNATURE PAGE FOLLOWS]
ka
LICENSOR:
CITY OF TUSTIN, a municipal corporation
By: _
Douglas S. Stack,
Director of Public Works
LICENSEE:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Date:
Date:
s
31
Attachment A to Supplement
Notice to Proceed, Right -of -Way Construction Permit, Site Plan, and Schedule of Performance;
and Radio Frequency Emission. Exposure Study
(For Each Site Plan)
[ATTACHED BEHIND THIS PAGE]
32
DMS/10974222v,10
EXHIBIT B
Annual License Fee
(For Each Site Plan)
Fiscal Year 2018/2019: $1,700.00
Fiscal Year 22019/2020: $1,751.00
Fiscal Year 2020/2021: $1,803.00
Fiscal Year 2021/2022: $1,857.00
Fiscal Year 2022/2023: $1,913.00
Fiscal Year 2023/2024: $1,970.00
Fiscal Year 2024/2025: $2,029.00
Fiscal Year 2025/2026: $2,090.00
Fiscal Year 2026/2027: $2,153.00
Fiscal Year 2027/2028: $2,218.00
33