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HomeMy WebLinkAboutPacTel Cellular; 1982-06-16;B 0 <e -e - City of Carlsbad December 18,1998 AirTouch Cellular Jeff Chessher, V.P. Eng. & Ops. 5355 Mira Sorrento PI., Suite 500 San Diego, CA 92921 RE: EXTENSION TO LICENSE AGREEMENT - MAERKLE RESERVOIR SITE Enclosed for your records are copies of the Carlsbad Municipal Water District Board Agenda Bill No. 427 and Resolution No. 1032. These documents went before the CMWD Board on December 15, 1998 where the resolution was approved. Per your written request, I have also enclosed the original fully executed Extension of the 1982 License Agreement. This extension allows the location of a mobile communications facility at the Squires Dam (Maerkle Reservoir) site, through June 15,2004. If you have any questions regarding the specifics of this “extension”, please call Robert J. Greaney, C.M.W.D. General Manager, at (760) 438-2722. e-&+ Kathleen D. Shoup Sr. Office Specialist 12630 Carlsbad Village Drive Carlsbad, CA 92008-1 989 0 (760) 434-28( c e * >t -m AirTouch Cellular 5355 Mira Sonento San Diego, CA921. October 16,1998 Telephone: 619 625 AI RTO u c H” Cellular CERTIFIED MAU RETURN RECEIPT REOUESTE Carlsbad Municipal Water District 5950 El Camino Real . *-&. .... --- .- Carlsbad, California 92008 Am: Robert J. Greaney 2 -* t ldov- 21998 RE: Extension to License Agreement dated June 16,1982 Squires Dam Cell Site b. Dear Mr. Greaney: With regard to the License Agreement dated June 16, 1982 (“License”) between CARCSBA MUNICIPAL WATER DISTRICT (“District”), and AIRTOUCH CELLULAR, a Californ corporation (formerly known as PacTel Cellular, a California corporation) (“AirTouch”), for tl above-referenced premises, AirTouch Cellular hereby exercises its option to extend the tenn of tl License for an additional five-year period through June 15,2004. In accordance with Section 1 I of the License, the monthly rental price will increase to One Thousand Three Hundred Seventy iil No/lOO Dollars ($1,370.00) effective June 16,1999. Please acknowledge your receipt of this notice to extend the License term by having a du authorized representative of the District sign in the space provided below and rem the original this letter in the enclos envelope. Chessher. $A Vice Sierra President, Pacific Region Engineering & Operations, Title: CMWD Board President __ June 16, 1994 PacTel Cellular 4777 Mercury Street San Diego, CA 92111 Attention: Real Estate Department Re: Extension of Agreement with PacTel Cellular for Use of Maerkle Reservoir Site The Carlsbad Municipal Water District, at its meeting of June 1994, adopted Resolution No. 873, approving an option to extend t term of the License Agreement with PacTel Cellular for additional five years through June 15, 1999. Enclosed is a copy of Resolution No. 873 for your records. KRK: ijp Enclosure c: PacTel Cellular P. 0. Box 19707 Irvine, CA 92713 Attention: Legal Department 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-: bV113G1, L vu, .'UU, .L,,, ,.I , 4 I)' ------a- 5075 Shoreharn Place 0 Suite 120 San Diego California 92122 (619) 535 6400 A Pacific Telesis Comw , Via Certified Mail August 25, 1988 Costa Real Municipal Water District Attn: Robert J. Greaney, General Manager 5950 El Camino Real Carlsbad, CA 92008 Re: PacTel Cellular's use of property at Squires Dam; exercise of PacTel's option to extend the term of its "License Agreement" through June 15, 1994 Dear Mr. Greaney: You are hereby notified that PacTel Cellular (successor to Advanced Mobile Phone Service, Inc.), elects to extend the term of its "License Aqreement" (concerning premises occupied by PacTel at your Squires Dam reservoir), pursuant to Sections l(j) and l(n) of that Agreement, for an additional five (5) years to expire on June 15, 1994. Pursuant to Section l(j) of the License Agreement, rent will be increased to Seven Hundred Dollars ($700.00) per month effective June 16, 1989. PacTel will pay rent of Six Hundred Dollars ($600.00; half of $500.00 plus half of $700.00) on June 1, 1989, and will pay Seven Hundred Dollars ($700.00) on July 1, 1989, and on the first day of each succeeding calendar month through June, 1994 (i.e., during the second ''option period!'). If you have any questions about PacTel's election to extend the term of the License Agreement (or about the rent to be paid), you should contact Steven Wilson in PacTel's Legal Department. Mr. Wilson can be reached at (714) 553-6144. Area Vice President San Diego Operations cc: Steven Wilson, Esq. Limond Grindstaff Norm Stansell Vicki Givens Gregory Moser, Esq., Jennings, Engstrand & Henrikson, 2226 Camino Del Rio South, San Diego, CA 92108 SEH : cmr JOHNSON & IiIGGINS OF CALIFORNIA 345 California Street 19th Floor San Francisco, CA 94108 COMPREHENSIVE FORM PRODUCTS/CDMPL€TED OPERATIONS 3YM637201-02 INDEPENDENT CONTRACTORS BROAD FORM PROPERPl DAMAGE PERSONAL INJURY PERSONAL INJUR'I ALL OWNED AUTOS (PRIV PASS ) ALL OWNED AUTOS ($&y$R,-$$N) NON-OWNED AUTOS GARAGE LIABILITY EMPLOYERS' LIABILITY COSTA REAL MUNICIPAL WATER DISTRICT 5950 El Carnino Real Carlsbad, CA 92008 -.--- -- .---_I- PALlrlC b.4 I t 1 e 0 Group 1. PacTel Personal Communications dba PacTel Pa ing 2. Communications Industries, Inc. 3. Secode Electronics, Inc. 4. Dupont Energy Management Company 5. dba PacTel Ce f Mar Gencom Incorporated, an Arizona Corporation dba Page A Fone Corporation dba Autophone of Gamesville, Inc. dba Secretarial Service, Inc. dba Athena Telephone Answering dba Armour Communications, Inc. dba Instant Communications Gencom Incorporated, a California Corporation dba Fresno Mobile Radio, Inc. 6. 7. Multicom, Inc. 8. Certified Communications, Inc. dba Gencom Incorporated 9. Tele-Page, Inc. 10. Intrastate Radio Telephone, Inc. of San Francisco 11. Delta Telephone Answering, Inc. dba Cooks Communications Corporation 12. Delta Mobile Radio Service, Inc. 13. Radio Page, Inc. 14. 15. Radio Dispatch Service, Inc. 16. Aircall, Inc. 17. Aircall of Indiana, Inc. 18. Circle Communications, Inc. 19. 20. 21. Gensub of Iowa, Inc. 22. Gensub of Nebraska, Inc. Radio Paging & Radio Telephone of Indiana, Inc. Gensub, Inc., a Texas Corporation Gensub, Inc., a Missouri Corporation 1 0 0 . !C /' JOHNSON & IIIGGINS OF CALIFORNIA 345 Cal i forni a Street Risk Management PRDOUCTS/COMPLETED OPERATIONS 3YM637201-02 INDEPENDENT CONTRACTOR BROAD FORM PROPERTY DAMAGE ALL OWNED AUTOS (PRIV PASS ) ALL OWNED AUTOS (:&y;R&#N) NON-OWNED AUTOS GARAGE LIABILITY BE CANCELLED DAYS WRITTEN IFICATE HOLDEl SHOULD ANY OF THE ABOVE PIRAT135 DATE THEREOF MPANY WILL CARLSBAD, CA 92008 PACIFIC GAT1 I >s e a Group 1. PacTel Personal Communications dba PacTel Pa in dba PacTel Ce fJ 1 ar 2. Communications Industries, Inc. 3. Secode Electronics, Inc. 4. Dupont Energy Management Company 5. Gencom Incorporated, an Arizona Corporation dba Page A Fone Corporation dba Autophone of Gamemille, Inc. dba Secretarial Service, Inc. dba Athena Telephone Answering dba Armour Communications, Inc. dba Instant Communications Gencom Incorporated, a California Corporation dba Fresno Mobile Radio, Inc. 6. 7. Multicom,Inc. 8. Certified Communications, Inc. dba Gencom Incorporated 9. Tele-Page, Inc. 10. Intrastate Radio Telephone, Inc. of San Francisco 11. Delta Telephone Answering, Inc. dba Cooks Communications Corporation 12. Delta Mobile Radio Service, Inc 13. Radio Page, Inc. 14. 15. Radio Dispatch Senrice, Inc. 16. Aircall,Inc. 17. Aircall of Indiana, hc. 18. Circle Communications, Inc. 19. 20. 21. Gensub of Iowa, Inc. 22. Gensub of Nebraska, Inc. Radio Paging & Radio Telephone of Indiana, Inc. Gensub, Inc., a Texas Corporation Gensub, Inc, a Missouri Corporation .; ! .e I. % t -- .. ElEMORANDtJM This Memorandum made this. 16th day of June, 1982, by and between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water dis- trict organized and existing under the Municipal Water District Ac of 1911, as amended, hereinafter for convenience referred to as "DISTRICT", and ADVANCED PlORILE PHONE SERVICE, INC., hereinafter for convenience referred to as "AMPS". WITNESSETH It is agreed by and between DISTRICT and AMPS that a'certa License Agreement was made between the parties, effective June 16, 1982, upon certain terms and conditions, including the following: 1. In consideration of a certain sum paid this day by AMPS to DISTRICT, the receipt of which is -1- :! I 1 __ ..----- .. -. e e L* * ..I. ’: i -. hereby acknowledged, DISTRICT has granted to AMPS a License Agreement for the installation, maintenance and operation of a Mobile Communi- cations Facility and uses incidental thereto on a portion of real property owned by DISTRICT, the entire property of the DISTRICT more speci- fically identified in the Grant Deed recorded on August 17, 1961, as File/Page No. 141468, Official Records, San Diego County, California, on certain terms and conditions as more speci- fically set forth in the License Agreement. 2. The initial term of the License Agreement is from June 16, 1982 through June 15, 1984, with AMPS having the exclusive and irrevocable right and option to renew or extend the Agreement for additional terms on certain terms and conditions as more specifically set forth in the License Agreement. 3. The terms, covenants and provisions of the Li- .cense Agreement, of which this is a Memorandum, shall extend to and be binding upon the re- spective executors, administrators, heirs, successors and assigns of DISTRICT and AMPS. IN WITNESS WHEREOF, hereunto and to a duplicate hereof, DISTRICT and AMPS have caused this Memorandum to he duly executed -2- e e. -. -8 : l- c - on June 16, 1982. DISTRICT AMPS COSTA REAL MUNICIPAL WATER DISTRICT ADVANCED MOBILE PHONE SERVICE By pa/- c/64&l BY DONALD A. MacLEOI) President BY I_ - c Jy.a3--L-- <- s , -*/ _i: r ’ .-’ BY 4{iY&b& Secretary .\- J -_ ./ I -- -1 v I^ ~ __ I - - .- ’ - I -- - .& -1 - - J -_ .- b - -3- 4 0 mi - 0- 3' STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 1 ss On rode-. j6 , 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared DONALD A. MacLEOD, known to me to he the President of COSTA REAL MUNICIPAL WATER DISTRICT, and FRED W. MAERKL'E, known to me to be the Secretary of COSTA REAL MUNICIPAL WATER DISTRICT, the political subdivision that executed the within instrument, and known to me to be the per- sons who executed the within instrument on behalf of COSTA REAL P!UNICHPAL WATER DISTRICT, a political subdivision, and acknowledged to me that COSTA REAL MUNICIPAL WATER DISTRICT, a political subdi- vision, executed the same, and acknowledged to me that COSTA REAL MUNICIPAL WATER DISTRICT, a political subdivision, executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and official seal. PAUL S. SWIRSKY &GS,- NOTARY ~UPLlC - CALIFORNIA Notary Public in and for $d d County and State \. -4- e+ 0 -9 W-k S U M MARY LICENSE AGREEMENT FOR ADVANCED MOBILE PHONE SERVICE, INC. ( AElPS) AT SQUIRES DAM SITE PURPOSE: To construct, maintain and operate a mobile communicatic facility, consisting of one building, approximately 450 square feet, and one free-standing monopole antenna, ap- proximately 175 feet high. DUTIES OF AI'IPS 1. Secure all necessary permits. 2. Construction and maintenance at sole expense of AMPS. 3. Frovide all insurance for own facilities. 4. Hold DISTRICT free and harmless of any liability. 5. Location and construction to be approved by DISTRICT fir. 6. Remove all property at end of term. 7. Maintain adequate security for DISTRICT purposes. 8. Yemove to another site on Squires Dam Sites 110s. 1 and 2 if interferes with use of property by DISTRICT. (Note: This condition was not in draft submitted by AMP! DUTIES OF DISTRICT 1. .411ow construction. 2. Allow reasonable ingress and egress. 3. Grant any necessary easements for electrical and telephor service. 4. Allow construction of power lines. -1- F -,\ e 0 'I ERM - Initial terx - 2 years. Option to renew for 4 additional terms of 5 years. is renewed by giving a 6-months written notice. Total potential time through option procedure Thereafter: rental can be agreed to. (Note: tional term of 5 years. no limit if rental can be agreed to.) Option - 22 years. Additional terms of 5 years, with no limit if CARLEVISION has initial term of 3 years and an addi- Additional terms of 5 years with MOEJT H L Y RE N TAL AMPS CAR LEV1 S I OK First 2 years $ 100 $ 100 3rd year $ 500 $ 100 4th - 7th year $ 500 $ 200 8th year $ 700 $ 200 (Note: $1,200 paid for first year at execution) ($400 increase - 400%) ($200 increase - 40%) 9th - 12th year $ 700 Agreed rent; 13th - 17th year $ 980 Agreed rent: ($280 increase - 40%) 18th - 22nd year $ 1,370 Agreed rent; ($390 increase - 39.795%) 5-year terms thereafter (If agreed) Agreed rental Agreed renta -2- r g >. L., 0 0- :- . CORPORATE AC KNOVt E DGM ENT State Of New Jersey County of Somerset On this 4th day of August , 19 -' 82 before me appeared R.L. Tonsfeldt and Michael R. Greene to me personally known, who, being by me duly sworn, did say that he is Vice President and Secretary of Advanced Mobile Phone Service, Inc. 9 a corporation and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors and said R.L. Tonsfeldt and Michael R. Greene acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said county and state the day and year last above written. a ~ ----., - -/ J< - - -_ ---a - J \ -: / p&;QJk A&/ - . Notary Pub1 IC -1) ,/+ - .'I (I ,.. - ,->>A= My commission expires: - >' . ...,,,r.w ALISON M. BAXTER V 4 k-!387 5 1 'I .. 0 e, $ -* LICENSE AGREEMENT This agreement made between COSTA REAL MUNICIPAL WATER DIS TRICT, a municipal water district organized and existing under the Municipal Water District Act of 1911, as amended, hereinafter for convenience referred to as "DISTRICT", and ADVANCED MOBILE PHONE SERVICE, INC., hereinafter for convenience referred to as "AMPS". Recitals 1. The DISTRICT is the owner of the real property consist ing of approximately fifty-two (52) acres, as more specifically identified in the Grant Deed recorded on August 17, 1961 as File/Pa No. 141468, Official Records, San Diego County, California, and corn. monly known as SQUIRES DAM SITE, and hereinafter referred to as the I' PROPERTY I' . 2. The DISTRICT now uses the PROPERTY for a water storage reservoir for the DISTRICT and appurtenances thereto. 3. The PROPERTY is adequate in size to allow the installa. tion of antennas and appurtenances thereto by AMPS. 4. AMPS is desirous of installing antennas and appurten- ances thereto on the PROPERTY. 5. The DISTRICT is willing to allow AMPS to install anten- -1- 1 .. ,. 0' 0 .* nas and appurtenances thereto under certain terms and conditions. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. AMPS agrees to do the following: a. Use the PROPERTY for the purpose of con- structing, maintaining and operating a Mobile Communications Facility and uses incidental thereto, consisting of one building of approximately four hundred and fifty (450) square feet and one free- standing monopole antenna structure of approximately one hundred and seventy- five (175) feet in height and all neces- sary connecting appurtenances. A secu- rity fence, consisting of chain link construction or similar but comparable construction, shall he placed around the perimeter of the facilities of AMPS. All improvements shall be at AMPS' ex- pense. AMPS will maintain the property in a reasonable condition. b. Be responsible for installing any equipment, at expense of AMPS, to eliminate any inter- ference that might be caused by the location of the radio transmitting equipment of all -2- 0 0 parties (including the DISTRICT, City of Carlsbad, Radio Station KKOS and CABLEVISION) at the same site on the PROPERTY. c. Re responsible for maintenance of the build- ing to comply with all City, County, FAA and FCC regulations. d. Be responsible for its own equipment. e. Provide fire, theft and extended coverage insurance for the building and facilities in- stalled for AMPS. f. Waive all claims against DISTRICT for any da- mages to property and equipment of AMPS in, upon or about the PROPERTY and for injuries to any emloyees of AMPS or their agents in or about the PROPERTY from any cause arising at any time, and AMPS will hold DISTRICT exempt and harmless from any damage or injury to any person, to property or equipment of AEIPS, arising from the use of the PROPERTY by AMPS, or from the failure of AMPS to keep the build- ing in good condition and repair, as herein provided. g. Remove the building and all of the equipment and appurtenances thereto to another site on the PROPERTY or the contiguous property owned -3- 0 0 by DISTRICT, in the event that DISTRICT de- termines any time in the future that the existing location of said facilities inter- feres with the use of the PROPERTY by the DIS- TRICT. The determination of interference with the use of the PROPERTY by the DISTRICT shall be determined solely by the DISTRICT. In the event the DISTRICT shall make a deter- mination in the future that the existing- location of the said facilities interferes with the use of the PROPERTY by the DISTRICT, the DISTRICT shall give AMPS written notice of the necessity of removal of the said faci- lities six (6) months prior to the effective date of the removal. Such removal or reloca- tion shall be at the expense of AMPS. h. AMPS will pay to DISTRICT the following rental: One Thousand Two Hundred Dollars ($1,200.00) upon execution of this lease, which shall apply as the rental for the first year of this agreement. The first year of this agreement shall commence as of the date of execution by the DISTRICT. One Hundred Dollars ($100.00) a month, payable in advance each month, for the second year of this agreement. i. In the event AMPS fulfills all of the terms and provisions of this agreement during the -4- 0 0 first two (2) year term, AMPS shall have the right and option to renew or extend this agreement for a further term of five (5) years, commencing at the expiration of the original two (2) year term, under the same terms and conditions as provided for herein, with the exception of the rental price, which shall be Five Hundred Dollars ($500.00) a month, payable in advance. j. In the event AMPS fulfills all of the terms and provisions of this agreement during the first extended term of five (5) years, AMPS shall have the right and option to renew or extend this agreement for a further term of five (5) years, commencing at the expira- tion of the first extended five (5) year term, under the same terms and conditions as provided for herein, with the exception of the rental price, which shall be Seven Hundred Dollars ($700.00) a month, payable in advance. k. In the event AMPS fulfills all of the terms and provisions of this agreement during the second extended term of five (5) years, AMPS shall have the right and option to renew or extend this agreement for a further term of -5- 0 0 five (5) years, commencing at the expira- tion of the second extended five (5) year term, under the same terms and conditions as provided for herein, with the exception of the rental price, which shall be Nine Hundred Eighty Dollars ($980.00) a month, payable in advance. 1. In the event AMPS fulfills a11 of the terms and provisions of this agreement during the third extended term of five (5) years, AMPS shall have the right and option to renew or extend this agreement for a further term of five (5) years, commencing at the expira- tion of the third extended five (5) year term, under the same terms and conditions as provided for herein, with the exception of the rental price, which shall be One Thousand Three Hundred Seventy Dollars ($1,370.00) a month, payable in advance. m. In the event AMPS fulfills all of the terms and provisions of this agreement during the fourth extended term of five (5) years, AMPS shall have the right and option to renew or extend this agreement for a further term of five (5) years commencing at the expira- tion of the fourth extended five (5) year term, under the same tems and conditions as -6- -0 0 provided for herein, with the exception of the rental price. The rental price for the new term of five (5) years will be a sum agreed to by both parties, if the parties are able to agree upon a rental price. The negotiations for such sum shall commence six (6) months prior to the termination of the fourth extended term of five (5) years. If the parties are unable to agree upon a rental price, the agreement shall terminate upon the termination of the fourth extended term of five (5) years. n. If AMPS desires to exercise any option in the agreement, AMPS shall give written no- tice to DISTRICT at least six (6) months prior to the expiration date of the then existing term of the agreement. Time is of the essence in the giving of said notice. 0. Location of tower and building will be as specified on map made a part of this Agree- ment and attached hereto as Exhibit "A". p. ne responsible for securing any necessary permits or conditional use permits from any governmental agency to install any facili- ties of AMPS on the PROPERTY. -7- 0 e .. q. Be responsible for all utilities and any property taxes imposed as a result of the use of the PROPERTY by AMPS. r. Upon termination of the agreement, AMPS shall, within a reasonable period, remove its personal property and fixtures and restore the PROPERTY to its original con- dition, reasonable wear and tear excepted. At the DISTRICT'S option when this agree- ment is terminated and upon DISTRICT 's advance written notice to AMPS, AMPS will leave the building, foundation and securi- ty fence to become the property of the DISTRICT. If such time for removal causes AMPS to remain on the PROPERTY after ter- mination of this agreenent, AMPS shall pay rent at the then existing monthly rate until such time as the removal of personal property and fixtures of AMPS is completed. 2. DISTRICT agrees to do the following: a. Allow the construction of a building and installation of antennas on the PROPERTY for use of AMPS. The construction of the building and location of the said facili- ties shall he performed only after the DIS- TRICT has approved the location and the -8- 0 0 plans and specifications for the building and facilities. h. Allow reasonable ingress and egress for AMPS to the PROPERTY, including access any time in cases of emergency or equipment failure. c. Be responsible for its own equipment. d. Grant any necessary easement as required for extension of electric and telephone service to the site. e. Allow construction of power line facilities to site from existing facilities on the dam site. f. Permit AMPS ingress and egress to the PRO- PERTY to conduct such surveys, structural strength analysis, subsurface boring tests and other activities of similar nature as AMPS may deem necessary. All such activi- ties shall be at the sole expense of AMPS. AMPS agrees to hold DISTRICT and the PROPER- TY free and harmless from any cost, claims and damages, actual or asserted, including costs of investigation and/or defense there- to connected in any way with said activities. -9- 0' e 3. It is understood by AMPS that the PROPERTY is used by the DISTRICT as a water storage reservoir and as a part of the watt transmission system of the DISTRICT and that it is necessary to ma: tain adequate security at all times for the primary utilization of the PROPERTY by the DISTRICT. AMPS agrees to exercise due diligenc in utilizing the PROPERTY of the DISTRICT so as to not interfere w: utilization of the PROPERTY by the DISTRICT, and agrees to comply \ any rules and regulations that the DISTRICT may promulgate at any time in reference to utilization of the PROPERTY,by any party othei than the DISTRICT. The parties have executed this Agreement as of the date af fixed after the signature of the party. DISTRICT AMPS COSTA REAL MUNICIPAL WATER DISTRICT ADVANCED MOBILE PHONE SERVIC By ,/>wg/s&f-&l'( /--- B DONALD A. MacLEOD President r 7 Date of Execution: ,yt& 4 +- '& N&&,/&g -% By <-. ,e FRED W MAERKLE ' S 4 c etary Date of Executi c1' /$ /y/v - 10 - .. '0 0 EXHIBIT "A" L