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Home My WebLink About2017-04-25; City Council; Resolution 2017-065EXHIBIT 1 RESOLUTION NO. 2017-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SIXTH AMENDMENT TO THE TELECOMMUNICATIONS NETWORK LICENSE AND ENCROACHMENT AGREEMENT WITH CROWN CASTLE NG WEST, INC. WHEREAS, on June 28, 2016, the City Council of the City of Carlsbad authorized the City Manager to execute the Third Amendment to Telecommunications Network License and Encroachment Agreement with Crown Castle NG West, Inc., to allow the parties sufficient time to enter into negotiations for a longer-term amendment, via Resolution No. 2016-120; and WHEREAS,the parties have been negotiating in good faith but need more time to complete negotiations; and WHEREAS,the City Council has determined that it is in the best interest of the city to enter into a Sixth Amendment to Telecommunications Network License and Encroachment Agreement with Crown Castle NG West,Inc.to allow the parties sufficient time to continue negotiations for a longer-term agreement; and WHEREAS,the City Council has further determined that terms of the Sixth Amendment to Telecommunications Network License and Encroachment Agreement with Crown Castle NG West, Inc. are acceptable; and WHEREAS,the Sixth Amendment will generate $9,215 in monthly revenue for the city over the six months, for a six month total of $55,290. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California,as follows: 1.That the above recitations are true and correct. 2.The City Manager is authorized to execute an Amendment to the Telecommunications Network License and Encroachment Agreement with Crown Castle NG West, Inc., which is attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of April, 2017, by the following vote, to wit: AYES:M. Hall,K.Blackburn, M. Schumacher,C.Schumacher, M. Packard. NOES:None. ABSENT:None. MATT ALL,Mayor _>SK_OJS—CC BARBAF&TGLESON, City Clerk (SEAL) //,;** •••••le'-_•..- dik.17...Xv"•:._ /11.11100\ rL.City of Carlsbad SIXTH AMENDMENT TO TELECOMMUNICATIONS NETWORK LICENSE AND ENCROACHMENT AGREEMENT WITH CROWN CASTLE NG WEST, LLC. THIS SIXTH AMENDMENT to the Network License nd Encroachment eeme ("Sixth Amendment")is made effective and entered into this day o 2017, between the City of Carlsbad (the "City"), and Crown Castle NG West, LL .,a elaware limited liability company ("Crown"); (collectively, "the Parties"), to the Network License and Encroachment Agreement ("License") dated June 6, 2006. WHEREAS, on June 6,2006, the City and Crown's predecessor in interest entered into a License Agreement, granting a license to occupy portions ofthe public rights-of-way upon City owned infrastructure ("Municipal Facilities") for providing telecommunications services for its customers, which expires on June 30, 2016; and WHEREAS, the City and Crown's predecessor in interest executed a First Amendment to the Agreement on May 24, 2007 authorizing installation of additional Nodes on Municipal Facilities, not to exceed a total of 100 Nodes; and WHEREAS,the City and Crown executed a Second Amendment to the Agreement on September 9, 2013, authorizing Crown to install additional Nodes in the City, not to exceed a total of 150 Nodes; and WHEREAS, the City and Crown executed a Third Amendment to the Agreement on June 28, 2016, extending the term ofthe Agreement four (4) months for the parties to negotiate a new long term license agreement; and WHEREAS, the City and Crown executed a Fourth Amendment to the Agreement on October 25, 2016, extending the term of the Agreement four (4) months for the parties to negotiate a new long term license agreement; and WHEREAS, the City and Crown executed a Fifth Amendment to the Agreement on January 24, 2017, extending the term of the Agreement three (3) months for the parties to negotiate a new long term license agreement; and WHEREAS,the Parties still require further negotiations for the new long term license agreement and require a six (6) month extension of the License to do so; and WHEREAS, the Parties desire to enter into this Sixth Amendment under the following terms and conditions: 1.Term.Commencing on May 1,2017, the term of the License will be month to month ending no later than October 31, 2017. Public Works Department General Services Division I 405 Oak Avenue I Carlsbad, CA 92008 I 760-434-2925 t 2.Rent.Crown agrees to pay City monthly rent in the amount of Ninety Five Dollars ($95) per node payable on the 1St of each month effective May 1,2017. 3.Termination.Either party may terminate this License upon providing thirty (30) days written notice. 4.Removal ofEquipment/Penalty Fee.Within thirty (30)days from termination ofthis License, Crown agrees to assemble and remove from the Municipal Facilities all of its property and equipment, including antenna supports, and shall leave the Municipal Facilities in the same condition as it was immediately prior to the commencement ofthe License, normal wear and tear excepted.In the event Crown fails remove all of its equipment from the Municipal Facilities within the time allowed,the City may, but is not obligated to, remove and store Crown's property and equipment until recovered by Crown.In the event the City removes and stores Crown's property and equipment, the City shall not be liable for any damage to Crown's property and equipment during the removal or storage.Crown may recover equipment from the City by paying the City a daily penalty ofThree Hundred Fifty Dollars ($350) for each day any of Crown's property or equipment remains on the Premises after termination of the License.Alternatively, upon Crown's request, City may approve abandonment of Crown's equipment in place.Upon approval, Crown shall execute, acknowledge and deliver necessary documents to transfer ownership of Crown's equipment to the City. 5.Disposal of Abandoned Equipment.In the event Crown fails to remove its property and equipment from the Municipal Facilities within ninety (90) days from the notice oftermination, the City may declare the property and equipment abandoned and may, but is not required to, dispose of equipment as it chooses.Crown shall reimburse the City all costs of removal and disposal and for the period of storage of Crown's property and equipment. All other terms of the License shall continue during this extended term as if set forth herein.By their signatures below, the City and Crown hereby agree to the terms ofthe Fourth Amendment as set forth herein, effective as of the date first written above. CROWN CITY BY:BY Printed Name: Title:cp.A-L OA CITY MANAGER Crown Castle NG West, LLC CITY OF CARLSBAD DATE:Z c-1/DATE:4/0)5/2011 NOTARY ACKNOWLEDGEMENT OF LICENSEE'S SIGNATURE(S) MUST BE ATTACHED ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On APRIL 24, 2017 before me,ASHLEY JEAN MOELTER, NOTARY PUBLIC (insert name and title of the officer) personally appeared ROD HANSON who proved to me on the basis of satisfactory evidence to be the person(21 whose name(%) is/Xe subscribed to the within instrument and acknowledged to me that heisjiettl)ey executed the same in his/1-0/tOir authorized capacity(i0). and that by his/h'r/t'eir signature0 on the instrument the persons$. or the entity upon beh6lf of which the person(Ofacted, 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. ASHLEY JEAN MOELTER WITNESS my hand and official seal.limb-Commission #2116903 NZ:4.Notary Public -California Orange County ?: Comm.E Tres Jun 23, 2019 Signature (Seal)