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HomeMy WebLinkAbout2000-03-14; City Council; 15654; License Amendment For Cellular Site Safety Center- CITY OF CARLSBAD -AGENDA BILL AB# /AL& u: LICENSE AMENDMENT WITH COX MTG. 3/l 4/00 COMMUNICATIONS, P.C.S. FOR CELLULAR SITE AT SAFETY CENTER DEPT. PW/GS RECOMMENDED ACTION: CITY ATTY.@?- CITY MGR Adopt Resolution No. authorizing the Mayor to execute the license amendment between the City of Carlsbad and Cox Communications, P.C.S. for the Cellular site at the Safety Center ITEM EXPLANATION: On July 13, 1999, Council approved a license agreement with Cox Communications, P.C.S. to install antenna arrays on the exterior corner of the Safety Center parapet wall. The installation process is complete; however, a problem existed in the connection with the electrical hook-up. To provide the electrical source originally planned would cause substantial disruption to the Safety Center operations, as well as create unnecessary modifications to the building. The source of the problem was incorrect information provided by SDG&E during the planning stages. Staff has met with Cox representatives and determined that Cox will have to obtain its electrical power supply through the City’s power supply at the property. The City will charge an additional monthly fee for the use of its electricity. The usage could also be monitored to insure it remains at a minimal level. Police Department staff are aware of this situation and concur with staffs recommended solution. FISCAL IMPACT: The license agreement generates $24,000 to $27,024 in annual revenues. This amendment will generate an additional $1,800 to $2,400 in annual fee revenues. The fee was determined after staff received copies of electrical billing invoices from different cellular sites located in San Diego County. Staff discovered that the average charge for a cellular site similar to the one at the Safety Center is $1,284 annually. EXHIBITS: 1. Resolution No. d@@ - f& 2. License Amendment. - Agreement Cover Sheet- Please fill out section A and send this form with documents’ attached to the City Clerk for routing. Once the documents are fully executed, they will be returned with this form. When a purchase request- is submitted, section B of this form should be completed and. this form should be sent to Purchasing along with a copy of the fully exeCuted document. SECTION A Aareement Tvoe (check one) C ox czkf-wu~ name of contractor - Original Agreement + Amendment - Amendment and Extension - Extension - Ratification Aqreement Requirements (initial all items received) - Proposals Received Notarization - Sole Source - Business License - Insurance - Conflict of Interest - Corporate Resolution Oriainal Aareement Data Date of original agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \. vat Term of original agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 2G \pLe= Person with authority to renew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m cJn< /- Number of allowable extensions . . . . . . . . . . . . ..-............. cl Length of allowable extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Dollar amount of original agreement . . . . . . . . . . . . . . . . . . . . . . . . $%, ao -b m, %?q Aareement Processed By Name: qafk (zcc’30\ Dept.: pb/c%&2 Ext: 2492 Purchase Requisition number: Other purchase order numbers associated with original agreement, extensions and/or amendments: ‘Please attach copy of document. Rev. 07/07/1999 FIRST AMENDMENT TO LICENSE AGREEMENT EXHIBIT 2 This First Amendment to License Agreement is made between the City of Carlsbad (“City”), a municipal corporation, and Cox PCS Assets, L.L.C., a Delaware Limited liability company, wholly owned- by Cox Communications PCS, L.P., a Delaware Limited Partnership (both of which are hereinafter referred to as “Licensee”). RECITALS 1. The City and Licensee entered into that License Agreement commencing August 1, 1999 pursuant to which Licensee is authorized install its antenna arrays and operate its telecommunications facility on real property owned by City identified as Assessor Parcel No. 209-050-26-00, commonly known as the Carlsbad Public Safety and Service Center Site (the “Property”). 2. Licensee and City have determined that Licensee will have to obtain its electric power supply for its telecommunications facitii through the City’s power supply at the Property. 3. Licenser and City intend to amend the License to permit Licensee to obtain its electric power through the City’s electric power supply at the Property and to provide for payment by Licensee to City a fixed amount for the cost of electric power to avoid the administrative burden of determining, billing and collecting the cost of actual usage each month. LAW92350052 -l- Y 5 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Paragraph 6 on page 4 of the License is hereby amended in its entirety to read as follows. 6. Be responsible for all utilities and any property taxes imposed as a result of the use of the Property by Licensee; provided that, Licensee shall obtain its electric power through the electric power panel through which the City obtains its electric power for the Property and shall pay to the City as compensation for electric power used through that source the following fee payable in advance at the time of payment of the monthly fee provided under paragraph 11 of the License. (a) One hundred fifty dollars ($150) per month for the first year of the License. (b) One hundred seventy dollars ($170) per month for the second year of the License. (c) One hundred eighty dollars ($180) per month for the third year of the License. (d) One hundred ninety dollars ($190) per month for the fourth year of the License. (e) Two hundred dollars ($200) per month for the fifth year of the License. 2 IN WITNESS WHEREOF, the parties have executed this agreement by their officers therein duly authorized as of the date and year first written above. COX PFS ASSETS, L.L.C. a Delaware limited liability company Licensee By: Cox Communications PCS, LP., a Delaware limited partnership, its only Member By: Name: coxzPu Title: Cox Communications PCS, LP., a Delaware limited partnership, its onlv Member By: Name: CITY OF CARLSBAD Licenser By: Claude A. Lewis, Mayor ATTEST: LORRAINE WOOD, City Clerk Title: prs 3-i SWQiA1 a (Proper notarial acknowledgment of execution by Contractor must be attached.) Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City Attorney 6 SPRINT SPECTRUM L.P. NOTARY BLOCK: STATE OF CALIFORNIA COUNTY OF ALAMEDA The foregoing instrument was acknowledged before me this 3rd day of February,2000 by Michael Todd, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: October 24.2001 . Notary Public - State of California Sharon R. Armstrona (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: 1159415 STATE OF C AL tr3ccv-i & ) ) COUNTYOF ~-CDP 1 On Z-Y-Or, before me, the undersigned, a Notary Public in and for said County and State, personally appeared .J&d c Lc ApA.+ , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose Name(s@are subscribed to the within instrument, and acknowledged to me th@she/tbey executed the same i@er/their authorized capacity(ies), and that bye/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: STATE OF 1 1 COUNTY OF 1 On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose Name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: STATE OF 1 1 COUNTY OF 1 On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose Name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authotized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I RESOLUTION NO. 2ooo-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT OF THE EXISTING LICENSE AGREEMENT WITH COX COMMUNICATIONS, P.C.S. FOR A CELLULAR SITE AT THE CARLSBAD PUBLIC SAFETY CENTER WHEREAS, on July 13, 1999, Council approved a license agreement with Cox Communications, P.C.S. for a cellular site at the Carlsbad Public Safety Center; and WHEREAS, the electrical source to the cellular site would cause substantial disruption to the Safety Center operations and create unnecessary modifications to the building; and WHEREAS, it was determined that Cox will have to obtain its electrical power through the City’s power supply at the Safety Center; and WHEREAS, the City will charge Cox an additional monthly fee for use of its electricity in the amount of $1,800 in year one and increasing to $2,400 in year five of the license agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the License Amendment between the City of Carlsbad and Cox Communications, P.C.S. attached hereto as Exhibit 2 is hereby approved. 3. That the Mayor is hereby authorized to sign the license amendment on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 14th dayof MARCH , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin ATTEST: (SEAL) FIRST AMENDMENT TO LICENSE AGREEMENT This First Amendment to License Agreement is made between the City of Carlsbad (“City”), a municipal corporation, and Cox PCS Assets, L.L.C., a Delaware Limited liability company, wholly owned by Cox Communications PCS, L.P., a Delaware Limited Partnership (both of which are hereinafter referred to as “Licensee”). RECITALS 1. The City and Licensee entered into that License Agreement commencing August 1, 1999 pursuant to which Licensee is authorized install its antenna arrays and operate its telecommunications facility on real property owned by City identified as Assessor Parcel No. 209-050-26-00, commonly known as the Carlsbad Public Safety and Service Center Site (the “Property”). 2. Licensee and City have determined that Licensee will have to obtain its electric power supply for its telecommunications facitity through the City’s power supply at the Property. 3. Licenser and City intend to amend the License to permit Licensee to obtain its electric power through the City’s electric power supply at the Property and to provide for payment by Licensee to City a fixed amount for the cost of electric power to avoid the administrative burden of determining, billing and collecting the cost of actual usage each month. -l- IA\992350052 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Paragraph 6 on page 4 of the License is hereby amended in its entirety to read as follows. 6. Be responsible for all utilities and any property taxes imposed as a result of the use of the Property by Licensee; provided that, Licensee shall obtain its electric power through the electric power panel through which the City obtains its electric power for the Property and shall pay to the City as compensation for electric power used through that source the following fee payable in advance at the time of payment of the monthly fee provided under paragraph 11 of the License. (a) One hundred fifty dollars ($150) per month for the first year of the License. (b) One hundred seventy dollars ($170) per month for the second year of the License. (c) One hundred eighty dollars ($180) per month for the third year of the License. (d) One hundred ninety dollars ($190) per month for the fourth year of the License. (e) Two hundred dollars ($200) per month for the fifth year of the License. -. IN WITNESS WHEREOF, the parties have executed this agreement by their officers therein duly authorized as of the date and year first written above. COX PCS ASSETS, L.L.C. a Delaware limited liability company Licensee By: Cox Communications PCS, LP., a Delaware limited partnership, its only Member By: Name: Title: Cox Communications PCS, LP., a Delaware limited partnership, ATTEST: k0RRAINE WOQD, City .Clerk Title: bss AW-+ SWbr 3 SPRINT SPECTRUM L.P. NOTARY BLOCK: STATE OF CALIFORNIA COUNTY OF ALAMEDA The foregoing instrument was acknowledged before me this 3rd day of February,2000 by Michael Todd, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: October 24,200l Sharon R. Armstrono (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: 1159415 STATE OF c Ac tfde2ci a+ 1 1 COUNTYOF flc+e~o& 1 On Z-Y-Or5 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared M,.I ctiApmn.+ , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose Name(s@re subscribed to the within instrument, and acknowledged to me tha&&he/they executed the same i@er/their authorized capacity(ies), and that by@er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: STATE OF 1 ) COUNTY OF 1 On , before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose Name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: