HomeMy WebLinkAbout2020-06-09; City Council; Resolution 2020-099RESOLUTION NO. 2020-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND TAKE
ALL ACTIONS NECESSARY TO IMPLEMENT A LICENSE AGREEMENT WITH
NEW CINGULAR WIRELESS PCS, LLC TO OPERATE A NEW WIRELESS
COMMUNICATION FACILITY AT CALAVERA HILLS COMMUNITY PARK
(APN: 167-101-35)
Exhibit 1
WHEREAS, city staff has negotiated a license agreement (Agreement) with New Cingular
Wireless PCS, LLC (New Cingular) to operate a new wireless communication facility at Calavera Hills
Community Park (APN: 167-101-35); and
WHEREAS, New Cingular obtained approval of a Minor Conditional Use Permit (MCUP 19-07)
on Oct. 29, 2019, to install six panel antennas and 12 remote radio units enclosed within a shroud
mounted on top of a replacement 80-foot tall light pole; and
WHEREAS, the term of the Agreement is for an initial term of 10 years with two extension
terms of five years each; and
WHEREAS the initial annual Agreement fee is $46,800 and is subject to three-percent
increases annually over the term of the Agreement•
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the Agreement (Attachment A) is approved and the city manager is authorized and
directed to execute it.
3. That the City Manager, or his designee, is hereby authorized to take all actions necessary
to implement the Agreement that are consistent with and in full compliance with the
June 9, 2020 Item #1 Page 3 of 56
terms and conditions expressed in the Agreement, including any Agreement extensions,
and to the satisfaction of the City Attorney, including any amendment to the Agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California, on the 9th day of June 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, MAYOR
{, ~ Hector G_omu Dcp11:!)
~/ BARBARA ENGLESON, CITY CLERK / C;f-11\
(SEAL) J. / cJetlL.
,,1111111111,,,,,,,,, ~,,,,,,G CA 0)'11///.
,§' 0'1" 'T' ¼'. f~.--···•·· .. ~~
§~ ..... m. \-v~ ~0/ i'J"' ?:_.j)\C!
\ \~~im•~/ J
':-'. ,., ·•. ' .•· ~ ;;, 'l,c '-.:.t(.············· ... \.••,:rc$' "', .. F a.~'~' //11,,, f OP ,,,,,,
,,,,,,11,11111111111
June 9, 2020 Item #1 Page 4 of 56
COMMUNICATIONS SITE LICENSE AGREEMENT
between
THE CITY OF CARLSBAD
and
New Cingular Wireless PCS, LLC
EFFECTIVE DATE: J" u.V\e.. 11, 2() 20
June 9, 2020 Item #1 Page 5 of 56
June 9, 2020 Item #1 Page 6 of 56
June 9, 2020 Item #1 Page 7 of 56
June 9, 2020 Item #1 Page 8 of 56
June 9, 2020 Item #1 Page 9 of 56
COMMUNICATIONS SITE LICENSE AGREEMENT
This Communications Site License Agreement (this "License") dated 5v"'4. \\ ,
2020 (the "Effective Date") is between the City of Carlsbad, (the "CITY") and New
Cingular Wireless PCS, LLC ("Licensee").
BACKGROUND
A. WHEREAS, the City, in its proprietary capacity as a California municipal
corporation, owns or controls that certain real property commonly known as
Calavera Hills Community Park in the City of Carlsbad, County of San Diego, State
of California (APN: 167-101-35) (the "Property"), as legally described in Exhibit A
attached hereto and incorporated herein;
8. WHEREAS, Licensee desires to construct, install, own, operate and maintain
wireless communication facilities as its primary business;
C. WHEREAS, Licensee desires to license from the City certain ground space on the
Property (the "License Area") for the Permitted Use (as defined in Section 3.1
(Permitted Use; Equipment) in this License), together with additional non-exclusive
space for access and utilities, all as more particularly described and depicted in
Exhibit B attached hereto and incorporated herein;
D. WHEREAS, the City, in its proprietary capacity as a California municipal
corporation, desires to license to Licensee the License Area for the Permitted Use
on the terms and conditions in this License;
NOW, THEREFORE, for good, valuable and sufficient consideration received and
acknowledged, the City and Licensee agree as follows:
AGREEMENT
1. DEFINITIONS
"Access Route" means the non-exclusive license for physical ingress and egress over
the Property from Glasgow Drive to the License Area in the location shown on Exhibit B.
"Access Route Maintenance Expenses" means all costs, if any, incurred by the City, in
its reasonable discretion to: (1) operate, maintain and/or repair the Access Route, which
includes without limitation all related costs for labor and material, so as to keep the Access
Route in a neat, clean, safe and good condition as determined by the City in its reasonable
discretion; (2) add or replace improvements on, under or over the Access Route
mandated under any applicable Laws; or (3) replace improvements on, under or over the
Access Route as amortized over their useful lives. Access Route Maintenance Expenses
does not include any maintenance, repairs or replacements in connection with damage
page 1 / 34
June 9, 2020 Item #1 Page 10 of 56
June 9, 2020 Item #1 Page 11 of 56
June 9, 2020 Item #1 Page 12 of 56
June 9, 2020 Item #1 Page 13 of 56
June 9, 2020 Item #1 Page 14 of 56
June 9, 2020 Item #1 Page 15 of 56
June 9, 2020 Item #1 Page 16 of 56
June 9, 2020 Item #1 Page 17 of 56
June 9, 2020 Item #1 Page 18 of 56
June 9, 2020 Item #1 Page 19 of 56
June 9, 2020 Item #1 Page 20 of 56
June 9, 2020 Item #1 Page 21 of 56
June 9, 2020 Item #1 Page 22 of 56
June 9, 2020 Item #1 Page 23 of 56
June 9, 2020 Item #1 Page 24 of 56
June 9, 2020 Item #1 Page 25 of 56
June 9, 2020 Item #1 Page 26 of 56
June 9, 2020 Item #1 Page 27 of 56
June 9, 2020 Item #1 Page 28 of 56
June 9, 2020 Item #1 Page 29 of 56
June 9, 2020 Item #1 Page 30 of 56
June 9, 2020 Item #1 Page 31 of 56
June 9, 2020 Item #1 Page 32 of 56
June 9, 2020 Item #1 Page 33 of 56
June 9, 2020 Item #1 Page 34 of 56
June 9, 2020 Item #1 Page 35 of 56
June 9, 2020 Item #1 Page 36 of 56
June 9, 2020 Item #1 Page 37 of 56
June 9, 2020 Item #1 Page 38 of 56
June 9, 2020 Item #1 Page 39 of 56
June 9, 2020 Item #1 Page 40 of 56
June 9, 2020 Item #1 Page 41 of 56
June 9, 2020 Item #1 Page 42 of 56
IN WITNESS WHEREOF, the parties have executed this License on the Effective Date
first written above:
LICENSOR: LICENSEE:
New Cingular Wireless PCS, LLC
By: AT & T Mobility Corporation
Its: Manager
By:
Its: SottL'1,haJ1JJ11;K-Cl'--J ~,,a~ Its:
Date: ( l 3UN2D Date: --~4--) CJ ....... /--=--7_0 z_d ___ _
APPROVED AS TO FORM:
By:~
Celia Brewer
City Attorney
Date: __ '<:~/--~IO_-_d,~O ..... a-"O _____ _
APPROVED BY CITY COUNCIL
RESOLUTION NO. o,76~-Oqq
ATTEST:
By:
Date: _.,,,_q:..,......{&A..(..=c=....,'....,l,~Z--0 .... 2 .... co&...> __
[END OF SIGNATURES-EXHIBITS BEGIN ON NEXT PAGE]
page 34 I 34
June 9, 2020 Item #1 Page 43 of 56
June 9, 2020 Item #1 Page 44 of 56
June 9, 2020 Item #1 Page 45 of 56
June 9, 2020Item #1 Page 46 of 56
June 9, 2020 Item #1 Page 47 of 56
June 9, 2020Item #1 Page 48 of 56
June 9, 2020Item #1 Page 49 of 56
June 9, 2020Item #1 Page 50 of 56
June 9, 2020Item #1 Page 51 of 56
June 9, 2020Item #1 Page 52 of 56
June 9, 2020Item #1 Page 53 of 56
June 9, 2020Item #1 Page 54 of 56
June 9, 2020Item #1 Page 55 of 56
June 9, 2020Item #1 Page 56 of 56