HomeMy WebLinkAbout2018-04-24; Municipal Water District; Resolution 1593RESOLUTION NO. 1593
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT BOARD (CMWD), AUTHORIZING THE
EXECUTIVE MANAGER TO EXECUTE A FIRST AMENDMENT TO THE LICENSE
AGREEMENT BETWEEN NEW CINGULAR WIRELESS PCS, LLC AND THE
CARLSBAD MUNICIPAL WATER DISTRICT ALLOWING FOR THE REMOVAL
AND REPLACEMENT OF A WATER TANK LADDER THROUGH THE PURCHASE
AND PROVISION OF A Z-BOOM SCISSOR LIFT MACHINE LOCATED AT THE
TWIN D WATER TANK SITE.
WHEREAS, on August 11, 2015, New Cingular Wireless PCS, LLC ("Licensee") obtained a Minor
Conditional Use Permit (MCUP 15-09) to locate telecommunication facilities on the Twin D Water Tank
("Water Tank"); and
WHEREAS, CMWD and Licensee entered into a license agreement ("Agreement") dated June
15, 2016 (Resolution No. 1549) to locate telecommunications facilities on the Water Tank; and
WHEREAS, Licensee installed their telecommunication facilities on the Water Tank pursuant to
specifications identified in their MCUP; however, the location of Licensee's facilities is in conflict with
a previously approved MCUP 15-07 issued to Verizon Wireless (VAW) LLC, dba Verizon Wireless;
WHEREAS, CMWD and Licensee have agreed to the removal of a ladder on the Water Tank
adjacent to Licensee's facilities to allow for the space needed for Verizon Wireless to install their
communication facilities pursuant to Verizon's MCUP 15-07 and license agreement with CMWD;
WHEREAS, CMWD has agreed to accept a Z-60/37 DC and FE Series Articulating Z-Boom scissor-
lift machine ("Z-Boom") as compensation for the removal of the Water Tank ladder; and
WHEREAS, the parties desire to modify the terms of the Agreement to include the Z-Boom as
compensation under the terms of the Agreement, valued at $129,060.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Executive Manager is authorized and directed to execute the First Amendment
to the License Agreement with New Cingular Wireless PCS, LLC, which is attached hereto
as Attachment "A".
April 24, 2018 Item #8 Page 3 of 7
3. All other terms, conditions, covenants, and provisions of the Agreement shall remain in
full force and effect. In the event of any conflict between the terms of the Agreement
and this First Amendment, the terms of this First Amendment shall control.
4. That the Executive Manager, or his designee, is hereby authorized to take all actions
necessary to implement the License Agreement with New Cingular Wi.reless PCS, LLC,
that are consistent with and in full compliance with the terms and conditions expressed
in the aforementioned Agreement, and to the satisfaction of the City Attorney, including
any amendment to the Agreement.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District of the City of Carlsbad on the 24th day of April 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
M. Hall.
(SEAL)
April 24, 2018 Item #8 Page 4 of 7
FIRST AMENDMENT TO LICENSE AGREEMENT
This First Amendmentto License Agreement ("First Amendment") is effective as of ~ cf= , 20 I 8
(the "Effective Date"), by and between the Carlsbad Municipal Water District ("Licensor") an~ ngular Wireless
PCS, LLC, a Delaware limited liability ("Licensee").
RECITALS
WHEREAS, the Parties entered into that certain License Agreement dated June 15, 2016 ("Agreement"), to
locate wireless telecommunication facilities ("Communication Equipment") on the Twin D Tanks located at 6580
Black Rail Road, Carlsbad, California, 92011 ("Property);
WHEREAS, the Licensee installed their Communication Equipment pursuant to specifications identified in
their Conditional Use Permit No. 15-09 ("CUP") on a water tank located on the Property (the "Water Tank"); however,
the location of Licensee's Communication Equipment is in conflict with a previously approved Conditional Use Permit
15-07 issued to Verizon Wireless (VA W) LLC, dba Verizon Wireless;
WHEREAS, Licensor and Licensee have agreed to the removal of a ladder on the Water Tank adjacent to
Licensee's Communication Equipment to allow for the space needed for Verizon Wireless to install their
communication facilities pursuant to their CUP and license agreement with the Licensor;
WHEREAS, Licensee has offered to replace the Water Tank ladder through the purchase and provision of a
scissor-lift machine rather than relocate their Communication Equipment;
WHEREAS, Licensor has agreed to accept a Z-60/37 DC and FE Series Articulating Z-Boom scissor-lift
machine ("Z-Boom") as compensation for the removal of the Water Tank ladder;
WHEREAS, the parties desire to modify the terms of the Agreement to include the Z-Boom as compensation
under the terms of the Agreement.
NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the parties hereto
agree as follows:
1. Within thirty (30) calendar days of the Effective Date, Licensee agrees to remove the ladder at the Water Tank,
at Licensee's expense.
2. Within thirty (30) calendar days of the Effective Date, Licensee agrees to compensate Licensor for the removal
of the existing ladder at the Water Tank by purchasing and providing to Licensor the Z-Boom.
3. All other terms, conditions, covenants and provisions of the Agreement shall remain in full force and effect.
In the event of any conflict between the terms of the Agreement and this First Amendment, the terms of this First
Amendment shall control.
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April 24, 2018 Item #8 Page 5 of 7
4. The individuals executing this First Amendment each represent and warrant that they have the legal power,
right, and actual authority to bind Lessee to the terms and conditions of this First Amendment.
"LICENSOR"
District
APPROVED AS TO FORM: CELIA BREWER, City Attorney
ATTEST:
Date: f;; f C"-f / / f -----+, ~~,I-------'~~----
"LICENSEE"
New Cingular Wireless PCS, LLC
By: _______ ~---
/
Title: ---~ ~ iu 12 -C..-: E
Date: fl, 2-/zt2!1L
NOTARY ACKNOWLEDGEMENT OF LESSEE'S SIGNATURE(S) MUST BE ATTACHED
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April 24, 2018 Item #8 Page 6 of 7
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 SAN DIEGO
On APRIL 12, 2018 before me, ELEASA C. MARKS, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_A_R_R_O_D_B_ES_S ___________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ai:e
subscribed to the within instrument and acknowledged to me that he/sJ::\e/tAey executed the same in
his/ReF/tReif authorized capacity(+es), and that by his/ReF/tReif signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Signature _~----Ck:-·----------
r · :~.· · · · ELEASA.tMARKS •• ·t
• Commission# 2110776 ~ ... ,,; Notary Public • California I
z · San Diego County ~ t 4 ~ • • .MJtOT"C·zxg1r:s.M:Y,9,}a1a(
WITNESS my hand and official seal.
(Seal)
April 24, 2018 Item #8 Page 7 of 7