HomeMy WebLinkAboutGlobal Signal Acquisition II LlC; 2006-05-18;JOINDER TO LICENSE AGREEMENT
This Joinder to License Agreement ("Agreement") is made by and between the
City of Carlsbad, a Municipal corporation organized and existing under the State of
California ("City"), and Global Signal Acquisitions H LLC, a Delaware limited liability
company ("Global").
WHEREAS, City and Cox California PCS, Inc. ("Cox") entered into a License
Agreement ("License") dated January 10, 1997, in which City licensed to Cox access to
City or Carlsbad Municipal Water District owned infrastructure at 2237 Janis Way,
Carlsbad, CA 92008 ("Property"); and
WHEREAS, pursuant to Addendum to License Agreement dated January 10,
1997, City approved the assignment of the License from Cox to Sprint Spectrum LP [a
copy of the License and Addendum to License Agreement is attached hereto and
incorporated herein as Exhibit A]; and
WHEREAS, Sprint Spectrum LP subsequently assigned its interest in the License
to STC One LLC; and
WHEREAS, Global and STC One LLC ("Sprint") entered into those certain
Master Leases and Subleases dated as of May 26, 2005 (collectively the "Sublease")
pursuant to which Global subleases or otherwise operates certain wireless
communications towers and sites ("Sites") from Sprint; and
WHEREAS, the Property is a Site; and
WHEREAS, Global desires to operate the Site on behalf of Sprint; and
WHEREAS, Global and Sprint now desires City's consent to allow Global to
operate the Site on behalf of Sprint so long as Sprint remains fully responsible to City
under the terms and conditions of the License, and City does hereby desire to consent to
the assignment of the License to STC One, LLC and to the continued operation of the
Site by Global, under and pursuant to the Sublease;
NOWTHEREFORE, for and in consideration of the one time sum of $10.00, the
mutual covenants contained herein, as well as other good and valuable consideration
outlined herein, the receipt and sufficiency of which is hereby acknowledged, the City
and Global hereby agree as follows:
1. Global shall have and shall assume the same rights and obligations granted
unto Sprint in the License.
2. This Agreement shall not relieve Sprint of any rights and/or obligations
granted to Sprint under the License.
3. All notices under the License and this Agreement shall be sent to:
Global Signal Acquisitions II LLC
301 N. Cattlemen Road, Suite 300
Sarasota, FL 34232
Attn: Contracts Administration.
4. City does not waive any rights under the License.
5. City consents to the assignment of the License to STC One, LLC, and to
the operation of the Site by Global as set forth in the Sublease and License
and any Amendment/Addendums thereto or as may be made from time to
time.
6. Global shall not assign, transfer, give-away or convey any rights under
this Agreement to any third party without the express written consent of
the City.
ACKNOWLEDGEMENT:
STATE OF FLORIDA
COUNTY OF SARASOTA
I, a Notary Public of the County and State aforesaid, certify that
Cc^tJ;*; personally appeared before me this day and acknowledged that s/he
is the J&,;0.. <#V-cc./e*- **.( Gsj*l* of Global Signal Services LLC, and is
personally known to me or produced _ as identification, and
who acknowledged the execution of the foregoing instrument.
WITNESS my hand and official seal this 3_ day of fl\cj* , 2006
KEVIN S. DePATIEFlorida Notary Public-State of Florida
My comm. exp. Dec. 4, 2007 Printed Name: /fv>
Comm. No. DO 272612 My Commission Expires:
In witness whereof, the parties execute this Agreement as of the date last
signed by a party hereto.
Global:
Global Signal Acquisitions IILLC
By: GJobal Signal Services LLC
Its:
Printed Hftaftn Catalinl
Senior Director, Real Estate
Title: _
Date:
Approved as to form:
City:
The Carlsbad Municipal Water
District, a Municipal Corporation,
hereby consents to the above Joinder
Agreement and agrees to be bound
by its terms to the extent that the
Carlsbad Municipal Water District
("District") and City affects the
Water District the property used by
the Water District as the Ellery
Reservoir Site
Printed Name: 1^/Mo/up ft..
Title: CO
Date: NAAy l8f
ATTEST: