HomeMy WebLinkAbout07 FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENTDocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097
Agenda Item 7
Reviewed: os
AGENDA REPORT City Manager��
Finance Director
MEETING DATE: MARCH 1, 2022
TO: MATTHEW S. WEST, CITY MANAGER
FROM: CHAD W. CLANTON, DIRECTOR, PARKS AND RECREATION
SUBJECT: FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
WITH NEW CINGULAR WIRELESS PCS, LLC (AT&T) FOR EXISTING
WIRELESS FACILITIES AT VETERANS SPORTS PARK (1645 VALENCIA
ROAD)
SUMMARY
First Amendment to Communications Site License Agreement between the City of Tustin and
New Cingular Wireless PCS, LLC (AT&T) for the cell site at Veterans Sports Park. The
Amendment would allow New Cingular Wireless PCS, LLC to make additional improvements
to an existing communications site as described in Exhibit 3-A of the attachment.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the attached First Amendment to Communications Site License Agreement
with New Cingular Wireless PCS, LLC for the cell site at Veterans Sports Park; and
2. Authorize the City Manager to execute this First Amendment.
FISCAL IMPACT
The City entered into a Communications Site License Agreement (License Agreement) with
New Cingular Wireless PCS, LLC (Licensee) on September 17, 2019, for one carrier to occupy
the Licensee's facilities, with a term of 10 years with two 5 -year options. License payments
are escalated annually at 4%. The Licensee just started the 3rd year of the agreement and is
paying $44,124 per year ($3,677 per month) for the right to retain existing facilities and
antennas at Veterans Sports Park.
The First Amendment to the Communications Site License Agreement will require the
Licensee to pay an additional $6,000 per year ($500 per month) for the additional
improvements to the site outlined in Exhibit 3-A of the attachment. The term of the First
Amendment is coterminous with the current License Agreement of 10 years with two 5 -year
options, with license payments escalated annually at 4.00%. Over the remaining 8 years in the
initial 10 -year term, the Licensee's gross license payments will total $461,902. If the Licensee
exercises the option to extend through 2039 (total of 18 years), gross license payments will
total $1,285,586.
DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097
CORRELATION TO THE STRATEGIC PLAN
This action advances Goal C of the City of Tustin Strategic Plan regarding Financial Strength by
providing opportunities for new/increased revenues.
BACKGROUND
There are currently two carriers with communication sites located in Veterans Sports Park; AT&T
and T -Mobile. The ground -level equipment is located in a shelter adjacent to the walking trail
and the antennas are located on two of the soccer field light standards. The AT&T site was
completed in conjunction with the park's construction in 2020 and the T -Mobile site was
completed in 2021.
In September 2021, the Licensee contacted staff with a proposal on making modifications to their
wireless facilities at the Veterans Sports Park. Since that time, staff has been working with the
Licensee to establish the terms of the First Amendment and to complete plan check for the
project construction documents.
The City Attorney has reviewed the Amendment and approved it as to form.
Respectfully submitted,
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e1Ad1 by:
DASE41 E0391941 C...
Chad W. Clanton
Director, Parks and Recreation Services
Attachment — First Amendment to Communications Site License Agreement
DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097
FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LICENSE AGREEMENT
("Amendment"), dated as of the latter of the signature dates below ("Effective Date"), is by and between City of
Tustin, a municipal corporation, having a mailing address of 300 Centennial Way, Tustin, CA 92780 ("City") and
New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox
Park Blvd. NE, Yd Floor, Atlanta, GA 30319 ("Licensee").
WHEREAS, City and Licensee entered into a Communications Site License Agreement dated September
17, 2019, whereby City licensed to Licensee certain Premises, therein described, that are a portion of the Property
located at 1645 Valencia Avenue, Tustin, CA 92782, more commonly known as Veterans Sports Park
("Agreement"); and
WHEREAS, City and Licensee desire to amend the Agreement to clarify the Grant of License in
connection with the licensed Premises; and
WHEREAS, Licensee desires to change, modify or relocate the Licensee's Facilities, which City is willing
to approve; and
WHEREAS, City and Licensee desire to adjust the License Payment in conjunction with the modifications
to the Agreement contained herein; and
WHEREAS, City and Licensee, in their mutual interest, wish to amend the Agreement as set forth below
accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows:
1. Grant of License. The seventh and eighth sentences of Section 1 "Grant of License" of the Agreement are
hereby deleted in their entirety and replaced with the following:
Licensee shall only have access to and use of the approximately 200 sq. $. area of the Equipment Shelter designated
as the "AT&T Lease Area" on Sheet Numbers A-2 and A-4 of Attachment 3-A. The license hereby granted to
Licensee provides for the installation and maintenance of Licensee's Facilities on the Property at those locations
more specifically set forth on Attachment 2 (the "Premises") and as depicted on Attachment 3-A together with the
non-exclusive right for ingress and egress from and to the nearest public right-of-way, seven (7) days a week,
twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and
for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve
foot (12') wide right-of-way extending from the nearest public right-of-way, Valencia Avenue, (the "Non- Exclusive
Site Access Area") to the Premises to be approved in form and content in the sole discretion of the Tustin Parks and
Recreation Department as generally depicted in Attachment 3-A, following notice by Licensee of its intent to access
the Licensee Premises or Facilities.
2. New Attachment 3-A. Licensee shall have the right, to change, modify or relocate the Licensee's Facilities
within the Premises only as more completely described on attached Attachment 3-A, City's execution of this
Amendment will signify City's approval as licensor of Attachment 3-A. Attachment 3-A hereby replaces
Attachment 3 to the Agreement. Notwithstanding the forgoing City approval as licensor, Licensee remains subject
to all requirements under all applicable laws, and remains responsible for obtaining requisite Governmental
Approvals at no cost to City.
3. License Payment. Commencing on the first day of the month following the date that Licensee and City execute
this Amendment, the License Payment shall be increased by Five Hundred and No/100 Dollars ($500.00) per month,
subject to further adjustments as provided in the Agreement.
DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097
4. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this
Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the
Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself
shall be deemed also to refer to this Amendment.
5. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined
in the Agreement.
IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written
below.
CITY:
City of Tustin, a municipal corporation
By:
Print Name:
Its:
Date:
LICENSEE:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name:
Its:
Date:
ATTACHMENT 3-A
Licensee's Facilities and Non -Exclusive Access Area
(See Attached Drawings)
DocuSign Envelope ID: 1E4DOB21-EOA5-43C8-9C4C-746F4B204097
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