HomeMy WebLinkAbout2000-03-14; City Council; Resolution 2000-840 0
1 RESOLUTION NO. 2000-84
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT OF THE EXISTING
LICENSE AGREEMENT WITH COX COMMUNICATIONS, P.C.S. FOR A
CELLULAR SITE AT THE CARLSBAD PUBLIC SAFETY CENTER
WHEREAS, on July 13, 1999, Council approved a license agreement with
6 Communications, P.C.S. for a cellular site at the Carlsbad Public Safety Center; and
7 WHEREAS, the electrical source to the cellular site would cause substantial disrupt
8 the Safety Center operations and create unnecessary modifications to the building; and
9 WHEREAS, it was determined that Cox will have to obtain its electrical power throu:
10 City’s power supply at the Safety Center; and
11 WHEREAS, the City will charge Cox an additional monthly fee for use of its electri
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsb 13
the amount of $1,800 in year one and increasing to $2,400 in year five of the license agreen
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1. That the above recitations are true and correct. 15
follows:
16 2. That the License Amendment between the City of Carlsbad and
17 Communications, P.C.S. attached hereto as Exhibit 2 is hereby approved.
18 3. That the Mayor is hereby authorized to sign the license amendment on behalf
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20 1 City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
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held on the 14th day of MARCH , 2000, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
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ATTEST:
INE WOOD, City Clerk (SEAL) 2
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FIRST AMENDMENT
TO
LICENSE AGREEMENT
This First Amendment to License Agreement is made between the City of
Carlsbad (‘City”), a municipal corporation, and Cox PCS Assets, L.L.C., a Delaware
Limited liability company, wholly owned- by Cox Communications PCS, L.P., a Delaware
Limited Partnership (both of which are hereinafter referred to as “Licensee”).
RECITALS
I. The City and Licensee entered into that License Agreement commencing
August 1 , 1999 pursuant to which Licensee is authorized install its antenna arrays and
operate its telecommunications facility on real property owned by City identified as
Assessor Parcel No. 209-050-26-00, commonly known as the Carlsbad Public Safety
and Service Center Site (the “Property”).
2. Licensee and City have determined that Licensee will have to obtain its
electric power supply for its telecommunications facitity through the City’s power supply
at the Property.
3. Licensor and City intend to amend the License to permit Licensee to
obtain its electric power through the City’s electric power supply at the Property and to
provide for payment by Licensee to City a fixed amount for the cost of electric power to
avoid the administrative burden of determining, billing and collecting the cost of actual
usage each month.
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LA\992350052
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Paragraph 6 on page 4 of the License is hereby amended in its entirety to
read as follows.
6. Be responsible for all utilities and any property taxes
imposed as a result of the use of the Property by Licensee; provided that,
Licensee shall obtain its electric power through the electric power panel
through which the City obtains its electric power for the Property and shall
pay to the City as compensation for electric power used through that
source the following fee payable in advance at the time of payment of the
monthly fee provided under paragraph 11 of the License.
(a) One hundred fifty dollars ($150) per month for the first
year of the License.
(b) One hundred seventy dollars ($170) per month for the
second year of the License.
(c) One hundred eighty dollars ($1 80) per month for the third
year of the License.
(d) One hundred ninety dollars ($190) per month for the
fourth year of the License.
(e) Two hundred dollars ($200) per month for the fifth year of
the License.
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IN WITNESS WHEREOF, the parties have executed this agreement by their
officers therein duly authorized as of the date and year first written above.
COX PCS ASSETS, L.L.C.
a Delaware limited liability company
Licensee
By: Cox Communications PCS, LP.,
a Delaware limited partnership,
its only Member
By: 4“ ATTEST:
Name:
Title:
cn* comnnmkatfola Pcs, LP. “lodd
umaorwe ueveropmeat
UCIRRAlNE NOOD, City’ .Crerk . ./
Cox Communications PCS, LP. ,
a Delaware limited partnership,
its on1 Member
By: 6g h$d
Name: bQdd tb@ !d
Title: b-3~ 3-i sfit[?hfa
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SPRINT SPECTRUM L.P. NOTARY BLOCK:
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
The foregoing instrument was acknowledged before me this 3rd day of February,2000 by Michael Todd, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity and that by his signature on the instrument the person or the entity upon
behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
(AFFIX NOTARIAL SEAL)
Sharon R. Armstroncr
My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) October 24,2001
COMMISSION NUMBER: 115941 5
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STATE OF CA',Fd.2" r7. 1
)
COUNTY OF AL V~-POP 1
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On '2-Y-o~ , before me, the undersigned, a Notary Public in and for said County and State, personally aPPe
.),-,b,,j CklApmfi-- , personally known to me or proved to me on the basis of satisfactory evidence to bt
perGn(s) whose Name(s@are subscribed to the within instrument, and acknowledged to me thashelthey executed the same i-en
authorized capacity(ies), and that by@er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) a'
executed the instrument.
WITNESS my hand and official seal.
(AFFIX NOTARIAL SEAL)
My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER:
STATE OF 1
)
COUNTY OF )
On , before me, the undersigned, a Notary Public in and for said County and State, personally appc
, personally known to me or proved to me on the basis of satisfactory evidence to b
person(s) whose Name(s) islare subscribed to the within instrument, and acknowledged to me that helshelthey executed the same in hislhel
authorized capacity(ies), and that by hislhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) i
executed the instrument.
WITNESS my hand and ofFicial seal.
(AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE)
NOTARY PUBLIC-STATE OF
My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY)
COMMISSION NUMBER: