HomeMy WebLinkAboutNew Cingular Wireless PCS LLC; 2020-06-11;COMMUNICATIONS SITE LICENSE AGREEMENT
between
THE CITY OF CARLSBAD
and
New Cingular Wireless PCS, LLC
EFFECTIVE DATE: J" u.V\e.. 11, 2() 20
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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
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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]
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