HomeMy WebLinkAbout2006-06-06; City Council; 18582; Telecommunication Network LicenseCITY OF CARLSBAD - AGENDA BILL
AB# 18.582
DEPT. CA
TITLE:
Telecommunication Network License and_ __ _ ft/A/Ofi
MTG- Encroachment Agreement Between the City of
Carlsbad and NextG Networks of California, Inc.
RECOMMENDED ACTION:
Approve Resolution No. 2006-140 authorizing the City Manager to execute the License and
Encroachment Agreement between the City of Carlsbad and NextG Networks of California, Inc.
allowing for the use of City owned infrastructure in the public right-of-way.
ITEM EXPLANATION:
NextG Networks of California, Inc. (NextG) builds, owns and leases fiber optic distributed antenna
systems to improve wireless telecommunications coverage and capacity for wireless
telecommunications providers. NextG's networks are protocol and frequency agnostic which allows
for the ability to carry cellular, PCS, WiFi, or any other combination of wireless frequencies and
standards. NextG's networks can serve a variety of wireless telecommunications service providers
thereby promoting collocation and preserving aesthetically pleasing designs.
In December 2004 NextG contacted the City of Carlsbad to explore opportunities to utilize City
owned infrastructure (e.g. streetlights, traffic signals or comparable infrastructure) in the public right-
of-way to locate their wireless equipment ("Nodes"). In early 2005, City staff, including the City
Attorney's office met with NextG officials to discuss its request and to negotiate specific business
terms for the development of an agreement, and an appropriate review and approval process. City
Staff worked with NextG for several months in an effort to reach an agreement, including
development of a draft license agreement ("Draft Agreement"). However, NextG temporarily ended
its discussions with the City for its own business reasons and talks did not resume until early 2006.
In January 2006, NextG again contacted the City of Carlsbad and requested a meeting to resume
discussions in an effort to finalize the negotiations and terms for the Draft Agreement. During
February, the parties discussed aspects of the draft agreement that lead up to City staff meeting with
NextG in March 2006. During this meeting the parties did not reach an agreement on the draft terms
and conditions. City Staff indicated more information would need to be gathered before specific rate
terms could be established. This was to include conducting a survey of neighboring cities that have
agreements for similar installations which could be used to establish a rate structure for Carlsbad.
> Within two weeks of the March 1 meeting with NextG, staff had completed its survey work.
However, while the City was conducting its market research, NextG was preparing to file a lawsuit
against the City of Carlsbad. On March 23, 2006, NextG filed its lawsuit believing that the parties had
reached impasse in the discussions.
In April 2006, City staff and NextG met to attempt to reach a settlement and avoid litigation. Upon
conclusion of that meeting, the negotiated and material terms of a proposed settlement were
subsequently presented to the City Council for its consideration. Thereafter, Staff was directed to
prepare a Telecommunications License and Encroachment Agreement for the City Council's review,
approval and execution.
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ENVIRONMENTAL IMPACT:
The Planning Director has determined that the project is exempt from the California Environmental
Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061(b)(3) exempts
projects or activities where it can be seen with certainty that there is not possibility that the activity
may have a significant effect on the environment.
FISCAL IMPACT:
The Telecommunications License and Encroachment Agreement provides for NextG to install up to
52 individual Nodes at specific locations identified throughout the City. In order to process the
request, the City will receive a one-time administrative fee of $300 per Node or $15,600.
In addition, the City will receive compensation for use of its infrastructure at a rate of $500 per Node,
per year or $26,000 each year for the 52 Nodes requested. Increases to compensation for use of
infrastructure will be adjusted annually based on the increase to the CPI-A11 Urban Consumers for
San Diego MSA, but will not be less than 3%. Additionally, a gross sales revenue payment will be
made to the City. This payment will be based on NextG's gross sales revenue generated from its
facilities located in Carlsbad. This payment will provide the City with a minimum payment of $500
per node, per year, or up to 5% of the annual sales revenue generated in Carlsbad, whichever is
greater. The minimum payment for gross sales revenue for 52 nodes is $26,000 each year.
Based on installation of 52 Nodes:
One Time Fee: $15,600
Infrastructure Compensation $26,000 annually
Minimum Gross Sales Revenue $26,000 annually
Minimum Annual Revenue $52,000
EXHIBITS:
1. Resolution No. 2006-140 of the City of Carlsbad, California, authorizing the City Manager to
execute documents associated with the Telecommunications Network License and Encroachment
Agreement with NextG Networks of California, Inc.
2. Telecommunications Network License and Encroachment Agreement - NextG Networks of
California, Inc. with attachments.
Tx h< b
1 RESOLUTION NO. 2006-140
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
THE TELECOMMUNICATIONS NETWORK LICENSE
4 AND ENCROACHMENT AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND NEXTG NETWORKS
5 OF CALIFORNIA, INC. AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL RELATED
DOCUMENTS
7
8 WHEREAS, The City is responsible for management of the public right-of-way and
9 performs a wide range of vital tasks necessary to preserve the physical integrity of public streets
and ways, to control the orderly flow of vehicles, to promote the safe movement of pedestrians,
and to manage a number of gas, water, sewer, electric, cable television, telephone and
12
telecommunications facilities that are located in, under and over the streets and public right-of-
13
ways; and
14
WHEREAS, NextG Networks of California, Inc. (NextG) builds, owns, and leases fiber
1fi optic distributed antenna systems to improve wireless coverage and capacity for
17 telecommunications carriers; and
18 WHEREAS NextG balances the needs of communities and consumers with the needs of
19 wireless service providers by using a patented fiber-optic architecture, low-impact, low-emission
™ equipment without the need for tall cellular towers; and
21 WHEREAS, NextG's networks are protocol and frequency agnostic, which allow for the
22 ability to carry cellular, PCS, WiFi, or any combination of wireless frequencies and standards;
23
and
24
WHEREAS, NextG's networks can serve a variety of wireless service providers thereby
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. , promoting collocation with aesthetic pleasing designs; and26
27 WHEREAS, NextG does not own or manage Federal Communications Commission
28 regulated and licensed frequencies but owns, maintains, operates and controls, in accordance
3
1 with regulations promulgated by the Federal Communications Commission and the California
2 Public Utilities Commission, a telecommunications Network(s) serving NextG's established
wireless carrier customers and utilizing microcellular optical repeater equipment certified by the
4 Federal Communications Commission; and
5
WHEREAS, for purpose of operating the Network, NextG has requested to locate, place,
6
attach, install, operate, control, and maintain its Nodes in the public rights-of-way, on facilities
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owned by the City, as well as on facilities owned by third parties therein; and8
„ WHEREAS, the City and NextG have negotiated and agreed upon terms which would
10 allow installation of NextG's telecommunications equipment on City owned facilities in the
11 public rights-of-way
12 WHEREAS, all the terms and conditions have been agreed to and set forth in a
* 3 Telecommunication Network License and Encroachment Agreement ("Agreement") between the
14 City of Carlsbad and NextG Networks of California, Inc.
NOW, THEREFORE BE IT HEREBY RESOLVED by the City Council of the city of
16
Carlsbad, California as follows:
17
1. That the above recitations are true.18
19 2. That the City Council does hereby approve the Telecommunications Network
License and Network Agreement between the City of Carlsbad and NextG
20 Networks of California, Inc.
21 3. That the City Manager is authorized to execute this Agreement, any amendments
thereto, and all related documents.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad, California, held on the 6th day of June , 2006, by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
, Mayor
ATTEST:
t>RRAf^E WOOD
TELECOMMUNICATION NETWORK
LICENSE AND ENCROACHMENT AGREEMENT
This License and Encroachment Agreement ("Agreement) is entered into this L*.
day of June, 2006, by and between the City of Carlsbad, a California municipal corporation,
hereinafter referred to as the ("City") and NextG Networks of California, Inc. hereinafter
referred to as ("NextG" or " Licensee") (collectively, the "Parties"). The effective date shall be
the date this Agreement is approved by the Carlsbad City Council, as evidenced by the date
indicated hereinabove (the "Effective Date").
RECITALS
WHEREAS, City is responsible for management of the public right of way and performs
a wide range of vital tasks necessary to preserve the physical integrity of public streets and ways,
to control the orderly flow of vehicles, to promote the safe movement of pedestrians, and to
manage a number of gas, water, sewer, electric, cable television, telephone and
telecommunications facilities that are located in, under and over the streets and public right of
ways; and
WHEREAS, Licensee builds, owns, and leases fiber optic distributed antenna systems to
improve wireless coverage and capacity for telecommunications carriers; and
WHEREAS, Licensee balances the needs of communities and consumers with the needs
of wireless service providers by using a patented fiber-optic architecture, low-impact, low-
emission equipment without the need for tall cellular towers; and
WHEREAS, Licensee's networks are protocol and frequency agnostic, they can carry
cellular, PCS, WiFi, or any combination of wireless frequencies and standards; and
WHEREAS, Licensee's networks can serve a variety of wireless service providers
thereby promoting collocation with aesthetic pleasing designs; and
WHEREAS, Licensee does not own or manage Federal Communications Commission
regulated and licensed frequencies but owns, maintains, operates and controls, in accordance
with regulations promulgated by the Federal Communications Commission and the California
Public Utilities Commission, a telecommunications Network or Networks (as defined below)
serving Licensee's established wireless carrier customers and utilizing microcellular optical
repeater equipment (referred to herein as "Licensee's Facilities" or "Nodes") certified by the
Federal Communications Commission; and
WHEREAS, for purpose of operating the Network, Licensee wishes to locate, place,
attach, install, operate, control, and maintain Licensee's Facilities in the Public Rights-of-Way,
on facilities owned by the City, as well as on facilities owned by third parties therein; and
WHEREAS, in addition to normal published right-of-way and/or encroachment-related
permitting fees, Licensee is willing to compensate the City for (1) processing fees on a per Node
NEXTG AGREEMENT 1 05/22/2006
basis, (2) a grant of location and the right to use and physically occupy portions of the Public
Rights-of-Way, and (3) access to Municipal Facilities located in the rights-of-way owned by the
City; and
WHEREAS, Licensee has submitted a request to enter into an Agreement with the City
to encroach upon and occupy portions of the public right of way in certain streets, easements,
and upon certain public improvements for the purposes of installing Licensee's facilities; and
WHEREAS, in consideration of Licensee's request, City is willing to approve
Licensee's use and occupation of certain public right of way and certain public improvements
upon the terms, conditions and other considerations set forth herein.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree to the folio whig covenants, terms, and
conditions:
Section 1. Definitions. The following definitions shall apply generally to the
provisions of this Agreement:
City. "City" means the City of Carlsbad.
Decorative Streetlight Pole. "Decorative Streetlight Pole" shall mean any streetlight pole that
incorporates artistic design elements not typically found in standard steel or aluminum streetlight
poles and does not have a mast arm for electrolier support. Decorative Streetlight Poles may not
be used for the Network without prior written approval by City. The term Decorative Streetlight
Pole includes any historically or architecturally significant or designated light poles owned by
the City located on Public Rights-of-Way.
Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general
application to entities doing business in the City lawfully imposed by any governmental body
(excluding utility users' tax, franchise fees, communications tax, or similar tax or fee).
Gross Revenue Fee. "Gross Revenue Fee" shall mean and include any and all income and other
consideration collected, received, or in any manner gained or derived by Licensee from or in
connection with, the provision of Services, either directly by Licensee or indirectly through a
reseller, if any, to customers of such services within the City of Carlsbad, including any imputed
revenue derived from commercial trades and barters equivalent to the full retail value of goods
and services provided by Licensee. Gross Revenue shall not include: (a) sales, ad valorem, or
other types of "add-on" taxes, levies, or fees calculated by gross receipts or gross revenues which
might have to be paid to or collected for federal, state, or local government (exclusive of the
Municipal Facilities Annual Fee paid to the City provided herein); (b) retail discounts or other
promotions; (c) non-collectable amounts due Licensee or its customers; (d) refunds or rebates;
and (e) non-operating revenues such as interest income or gain from the sale of an asset.
Installation Date. "Installation Date" shall mean the date that the first Licensee Facility is
installed by Licensee pursuant to this Agreement.
NEXTG AGREEMENT 2 05/22/2006
Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations,
judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements
of the City or other governmental agency having joint or several jurisdictions over the parties to
this Agreement.
Licensee's Facilities. "Licensee's Facilities" or "Node(s)" means the optical repeaters, DWDM
and CWDM multiplexers, antennae, fiber optic cables, wires, and related equipment, whether
referred to singly or collectively, to be installed and operated by Licensee hereunder. Only the
installation design configurations of Licensee's Facilities that are shown in the drawings and
photographs attached hereto as Exhibit A and incorporated herein by reference may be used on
City Municipal Facilities. Any Licensee Facility installation or configuration not contained
within Exhibit A or as the parties shall agree is not substantially similar thereto must receive
written City approval before it may be used on any City Municipal Facility or placed on or in the
Public Rights-of-Way.
Municipal Facilities. "Municipal Facilities" means City-owned Streetlight Poles, Decorative
Streetlight Poles, lighting fixtures, electroliers, or comparable facility located within the Public
Way and may refer to such facilities in the singular or plural, as appropriate to the context in
which used.
Network. "Network" or collectively "Networks" means one or more of the neutral-host,
protocol-agnostic, fiber-based optical repeater networks operated by Licensee to serve its
wireless carrier customers in the City.
NextG. "Licensee" means NextG Networks of California, Inc., a corporation duly organized and
existing under the laws of the State of Delaware, and its lawful successors, assigns, and
transferees.
Public Way, Right-of-Way, or Public Rights-of-Way. "Public Way," "Right-of-Way, or "Public
Rights-of-Way" means the space in, upon, above, along, across, and over the public streets,
roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements
and public service easements as the same now or may hereafter exist, that are under the
jurisdiction of the City. This term shall not include any other property owned by the City or any
property owned by any person or entity (e.g. county, state, or federal rights-of-way) other than
the City, except as provided by applicable Laws or pursuant to an agreement between the City
and any such person or entity.
PUC. "PUC" means the California Public Utilities Commission.
Services. "Services" means the services provided through the Network by Licensee to its
wireless carrier customers pursuant to one or more tariffs filed with and regulated by the PUC.
Streetlight Pole. "Streetlight Pole" shall mean any non-Decorative, standard-design concrete,
fiberglass, or metal pole that has a mast arm for electrolier support and is used for streetlighting
purposes.
Traffic Light Pole. "Traffic Light Pole" means the pole and mast arm which support the signal
head.
NEXTG AGREEMENT 3 05/22/2006
6
Section 2. Authorization. Subject to the terms and conditions contained herein,
City hereby authorizes Licensee to encroach upon and occupy a portion of the Public Rights-of-
Way for the limited purpose of constructing, installing, operating and maintaining Licensee's
Facilities to provide service to wireless carriers. Other City owned property that is the subject of
this Agreement is "Streetlight Poles" and appurtenances thereto more particularly described in
Exhibit A.
Licensee may have the right to draw compatible electricity for the operation of the Licensee's
Facilities from the power source associated with the Municipal Facility so long as Licensee's
Facilities are installed to all applicable codes and standards, do not interfere in the operation of
the host Municipal Facility, and/or do not damage the host Municipal Facility. City shall not be
responsible to provide any specified voltage or wattage of electricity that is compatible with any
Licensee's Facilities. Licensee shall be solely responsible for the payment of all electrical utility
charges to the applicable utility company based upon the Licensee's Facilities usage of
electricity and applicable tariffs. Licensee's Facilities shall not draw compatible electricity from
Municipal Facility until such time as Licensee has secured all required electrical approvals and
the electricity charging/payment agreement with the electrical utility company is in place.
In addition to authorization to attach to Municipal Facilities, subject to obtaining the written
permission of the owner(s) of the affected property, the City hereby authorizes and permits
Licensee, to enter upon the Public Rights-of-Way and to attach, install, operate, maintain,
remove, reattach, reinstall, relocate, and replace such number of Licensee's Facilities in or on
poles or other third-party structures owned by public utility companies or other property owners
located within the Public Way as may be permitted by the public utility company or property
owner, as the case may be. At City's request, Licensee shall furnish to the City documentation
of such permission from the individual utility or property owner responsible. Exhibit A
represents a good-faith description of Licensee's Facilities, and a denial of an application for the
attachment of Licensee's Facilities equipment to third-party-owned poles or structures in the
Public Way shall not be based upon the size, quantity, shape, color, weight, configuration, or
other physical properties of Licensee's Facilities equipment if the Licensee's Facilities
equipment proposed for such application substantially conforms to one of the design
configurations and Node specifications set forth in Exhibit A. In the event that the Parties
disagree as to whether the proposed Licensee's Facilities equipment or Node substantially
conforms to one of the design configurations and Node specifications set forth in Exhibit A, the
parties shall meet in good faith in an effort to resolve this dispute with the City Engineer.
Section 3. Term. The commencement date ("Commencement Date") shall be the
1st day of the month following the Effective Date. This agreement shall be effective for a period
often (10) years, renewable upon mutual consent of the Parties.
Section 4. Permitting and Location of Nodes. City agrees to permit Licensee to
place approximately fifty-two telecommunications Nodes in the City's Right-of-Way, of which,
approximately forty-five (45) will be located on the City's Municipal Facilities, and seven (7)
located on existing third-party infrastructure. The initial tentative placements of the Nodes that
will be processed on the Effective Date of this Agreement for permits are described in Exhibit B,
attached hereto. Any additional permits that are required for new Nodes beyond the first fifty-
two (52) Nodes contemplated herein shall be processed similarly as an amendment to this
Agreement. The Parties agree that Exhibit A represents a good-faith representation of the
NEXTG AGREEMENT 4 05/22/2006
9
equipment that Licensee plans to attach to Municipal Facilities, that such design configurations
and Node specifications may be attached to Municipal Facilities and to third-party facilities.
Licensee shall present any deviation to the design configurations and Node specifications
described in Exhibit A to the City, which shall review and either approve or deny within thirty
(30) days. Any change to the design configurations and Node specifications in Exhibit A may be
approved by the City so long as the equipment is substantially similar in size, weight shape,
color, configuration or other physical properties. In the event that the Parties disagree as to
whether the proposed Licensee's Facilities equipment or Node substantially conforms to one of
the design configurations and Node specifications set forth in Exhibit A, the parties shall meet in
good faith in an effort to resolve this dispute with the City Engineer.
Node antenna and supporting Node equipment at its lowest point, on the Streetlight pole or
comparable facility located in the Public Way, must be placed at a minimum height of eight feet
(8') above the ground.
For purposes of construction and maintenance permitting, City shall not consider
Licensee to be a wireless carrier nor deem its installations wireless telecommunications facilities
nor shall it apply City Council Policy 64. Instead, City shall process all fifty-two (52) initial
infrastructure sites as a single Right-of-Way permit or other mutually agreeable non-
discretionary process, so long as it complies with the terms and conditions of this Agreement. In
addition to the City permitting process, Licensee agrees to seek any and all additional local, state
and federal approvals that may be required for its deployments, such as approvals that might be
required from the California Coastal Commission (to the extent that the City does not have
California Coastal Commission permitting authority).
For Licensee's initial deployment, City shall make available to Licensee approximately
45 streetlights poles or comparable facility located within the City's Right-of-Way for the
placement of Licensee's Nodes, substantially in the locations described in the Network Plan
provided to the City on May 5,2006, and attached hereto as Exhibit B. Notwithstanding, the use
of any particular Municipal Facility Right-of-Way structure, comparable facility, or pole shall be
subject to the City Engineer's sole discretion and approval in advance of the placement of the
Licensee telecommunications infrastructure.
Section 5. Scope of Agreement. By entering into this Agreement, the Licensee
waives any current or future rights reserved under California Government Code Section 50030,
California Public Utility Code or the Telecommunications Act of 1996 (the "Act") including but
not limited to, those rights set forth in Section 253 (c), to the extent inconsistent with this
Agreement. In the event a court finds the Licensee may not waive such rights, then the parties
agree to modify this Agreement to conform to the future changes in a manner that will keep the
City whole regarding the consideration flowing to the City under this Agreement.
Nothing contained in this Agreement shall be deemed or construed to create the
relationship of principal and agent or of partnership or of joint-venture or of any association
whatsoever between City and Licensee, it being expressly understood and agreed that neither the
computation of fees nor any other provisions contained in this Agreement nor any act or acts of
the parties hereto shall be deemed to create any relationship between City and Licensee other
than the relationship of City and Licensee.
NEXTG AGREEMENT 5 05/22/2006
10
Licensee hereby acknowledges, agrees and covenants that this Agreement only allows
for the occupation of the Right of Way and Municipal Facilities by Licensee's Facilities
identified in Exhibit A and does not authorize or bestow any interest in real property including
any fee, leasehold interest or easement.
a. Limitations on License. Nothing in this Agreement is intended to create an
interest or estate of any kind or extent in the property or premises. Licensee further
acknowledges and agrees that this Agreement does not create a landlord-tenant relationship and
Licensee is not entitled to avail itself of any rights afforded to tenants under the laws of the State
of California.
b. Preference for Municipal Facilities. In any situation where Licensee has a
choice of attaching its Equipment to either Municipal Facilities or third-party-owned property in
the Public Way, Licensee agrees to provide the City with a first right of refusal to attach to the
City Municipal Facilities, provided that (i) such City Municipal Facilities are at least equally
suitable functionally for the operation of the Network and (ii) the fee and installation costs
associated with such attachment over the length of the term are equal to or less than the fee or
cost to Licensee of attaching to the alternative third-party-owned property. The City agrees to let
Licensee know within thirty (30) days whether or not City wishes to exercise its first right of
refusal under this Paragraph.
c. No Warranty. City makes no warranty or representation that the premises are
suitable for Licensee's use. Licensee has inspected the premises and accepts the same "AS IS".
City is under no obligation to perform any work or provide any materials to prepare the Premises
for Licensee.
Section 6. Compensation.
a. Administration Fee. In addition to normal published encroachment-related-
permitting fees and as additional consideration for the processing of Licensee's permit
applications, Licensee shall pay an additional one-time fee ("Processing Fee") for each
deployment of Three Hundred Dollars ($300) per Node prior to the Effective Date of this
Agreement and/or prior to the Effective Date of any amendment.
b. Compensation for Use of City Infrastructure. Licensee will compensate City
for the use of City infrastructure a fee of Five Hundred Dollars ($500.00) per year (the
"Infrastructure Use Fee") for each streetlight pole or comparable facility located within the City's
Right-of-Way used by Licensee.
c. Gross Revenue Payments. In addition to the Infrastructure Use Fee, Licensee
waives any claim that it is not obligated to pay for the use of the Right-of-Way and shall
compensate City for such use by providing the City a five percent (5%) annual revenue-sharing
fee or Five Hundred Dollars ($500.00) per Node per year, whichever is greater ("Right-of-Way
Use Fee"). In the event a court determines that Licensee is not obligated to pay for use of the
Public Right-of-Way, the Parties agree that the Infrastructure Use Fee shall be automatically
amended to be equal to Five Hundred Dollars ($500.00) per year for each streetlight pole or
comparable facility plus five percent (5%) of the annual revenue-sharing fee or Five Hundred
Dollars ($500.00) per Node per year, whichever is greater.
NEXTG AGREEMENT 6 05/22/2006
d. Payment Terms and Audit. Licensee shall pre-pay the fees specified in
subsections (a) and (b), above, for the period from issuance of necessary permits through the end
of 2007; subsequent payments in connection with subsections (a) and (b) shall be made annually
in advance commencing on January 1,2008. Exceptionally, payments anticipated for the Right-
of-Way Use Fee specified in subsection (c), above, shall also be pre-paid through the end of
2007. However, after January 1, 2008, the Right-of-Way Use Fee specified in subsection (c),
above, shall be computed and paid quarterly in arrears ("Quarterly Payment"). Each Quarterly
Payment shall be calculated for the calendar quarter ending March 31, June 30, September 30,
and December 31, and such Quarterly Payments shall be due and payable no later than thirty (30)
days after said dates. For the period from issuance of necessary permits through the end of 2007,
any additional funds owning based upon the "whichever is greater" provision is subsection (c)
above, shall be paid with the March 31 Quarterly Payment.
Any annual fees shall be pro-rated for the calendar year. Licensee shall keep accurate
books of account at its principal office in San Jose or such other location of its choosing for the
purpose of determining the amounts due to the City hereunder. The City may inspect Licensee's
books of account, at a mutually convenient location of all relevant books and records, relative to
the City at any time during regular business hours on thirty (30) days' prior written notice and
may audit the books from time to time at the City's sole expense, but in each case only to the
extent necessary to confirm the accuracy of payments due under this Agreement. In the event
that the City discovers that Licensee's payments are in error in an amount greater than two
percent (2%), all costs, including travel related to the audit shall be bome and reimbursed by
Licensee. No acceptance of any payment to the City shall be construed as a release or as an
accord and satisfaction of any claim the City may have for further or additional sums payable or
for the performance on any other obligation under this Agreement. The City agrees to hold in
confidence any non public information it learns from Licensee to the fullest extent permitted by
Law.
e. Minimum Annual Fee Adjustment Date. The Infrastructure Use Fee will be
adjusted annually on the anniversary of the Commencement Date by the percentage increase in
the most recently published Consumer Price Index — All Urban Consumers for the San Diego
Metropolitan Statistical Area — over the rate in effect on the Commencement Date of the prior
year. This increase shall not be less than the three percent (3%).
f. Delinquent Payment. Payments not received within five days of the due dates
as specified above shall accrue interest at a rate of 7% per annum from the due date. In addition,
a late fee in the amount often percent (10%) of the amount due shall be imposed in the event a
payment is not received within 30 days of the due date. Notwithstanding the provisions of this
subparagraph, failure to make payments when they are due is considered a default of the terms of
the Agreement, subject to the terms stated in Section 33, "Termination." Licensee assumes all
risk of loss and responsibility for delinquent payments.
g. Services to City. Licensee agrees that at all times during the term of this Use
Agreement it shall reserve one (1) strand of fiber owned or operated by Licensee in the City for
the City's exclusive use in operating a noncommercial, City-owned Wi-Fi network or for any
other noncommercial, City-operated data network or communications function.
NEXTG AGREEMENT 7 05/22/2006
h. Payment Location. Licensee agrees to make checks payable to the City of
Carlsbad and delivered to: City of Carlsbad Accounts Receivable Department, 1635 Faraday
Avenue, Carlsbad, CA 92008. The City reserves the right to change the place and time of
payment at any time upon 60 days written notice pursuant to Section 32.
Section 7. Assignment or Transfer of Authorization. This Agreement shall not be
assigned by Licensee without the express written consent of the City, which consent shall not be
unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of
the rights and obligations of Licensee to a parent, subsidiary, or other affiliate of Licensee or to
any successor in interest or entity acquiring fifty-one percent (51%) or more of Licensee's stock
or assets (collectively "Exempted Transfers") shall not be deemed an assignment for the
purposes of this Agreement and therefore shall not require the consent of the City, provided that
Licensee reasonably demonstrates to the City's lawfully empowered designee the following
criteria (collectively the "Exempted Transfer Criteria"): (i) such transferee will have a financial
strength after the proposed transfer at least equal to that of Licensee immediately prior to the
transfer; (ii) any such transferee assumes all of Licensee's obligations hereunder; (iii) the
corporate parent of the transferee guarantees the performance obligations of the transferee; and
(iv) the experience and technical qualifications of the proposed transferee, either alone or
together with Licensee's management team, in the provision of telecommunications or similar
services, evidences an ability to operate the Licensee Network. Licensee shall give at least sixty
(60) days' prior written notice (the "Exempted Transfer Notice") to the City of any such
proposed Exempted Transfer and shall set forth with specificity in such Exempted Transfer
Notice the reasons why Licensee believes the Exempted Transfer Criteria have been satisfied.
The City shall have a period of sixty (60) days (the "Exempted Transfer Evaluation Period")
from the date that Licensee gives the City its Exempted Transfer Notice to object in writing to
the adequacy of the evidence contained therein. Notwithstanding the foregoing, the Exempted
Transfer Evaluation Period shall not be deemed to have commenced until the City has received
from Licensee any and all additional information the City may reasonably require in connection
with its evaluation of the Exempted Transfer Criteria as set forth in the Exempted Transfer
Notice, so long as the City gives Licensee notice in writing of the additional information the City
requires within thirty (30) days after the City's receipt of the original Exempted Transfer Notice.
If the City fails to act upon Licensee's Exempted Transfer Notice within the Exempted Transfer
Evaluation Period (as the same may be extended in accordance with the foregoing provisions),
such failure shall be deemed an affirmation by the City that Licensee has in fact established
compliance with the Exempted Transfer Criteria to the City's satisfaction.
Section 8. Responsibility of Licensee/Maintenance. The Licensee, on the
Licensee's own behalf and on behalf of any successor or assign, hereby acknowledges and
assumes all responsibility, financial or otherwise, for the permitted use of the Public Rights-of-
Way property and City Municipal Facilities and the planning, design, installation, construction,
maintenance, repair, operation and removal of the Licensee's Facilities, which shall be
undertaken without risk or liability on the part of the City. All of Licensee's constructions,
installation, removal, repair and maintenance work shall be performed at Licensee's sole cost and
expense in accordance with applicable law, using generally accepted construction standards.
Licensee shall ensure that Licensee's Facilities are maintained in a clean and safe
condition, in good repair and free of any defects. Licensee shall employ reasonable care at all
times in installing and maintaining Licensee's Facilities and will install and maintain in use
NEXTG AGREEMENT 8 05/22/2006
commonly accepted methods and/or devices to reduce the likelihood of damage, injury or
nuisance to the public. The construction, operation, and maintenance of Licensee's Facilities
shall be performed by experienced and properly trained, and if required, licensed maintenance
and construction personnel.
Section 9. Relocation/Removal. Licensee shall, at its sole expense, protect,
support, temporarily disconnect, relocate, modify or remove all or any portion of Licensee's
Facilities at the time and in the manner required by the City for any governmental purpose.
Except in an emergency, the City shall give written notice pursuant to Section 32 describing
where the work is to be performed at least thirty (30) days before the date the work is to be
performed. Should the public health, safety or welfare require that the City undertake immediate
maintenance, repair or other action, Licensee shall take the measures required under this Section
9 within 72 hours of receiving notice from the City.
If Licensee does not protect, temporarily disconnect, relocate, or remove Licensee' s
Facilities within the time period specified above, City may remove the equipment, facilities, and
property and charge Licensee for the cost of removal and storage. Alternatively, upon
Licensee's request, City may approve the abandonment of Licensee's Facilities in place. Upon
approval, Licensee shall execute, acknowledge and deliver any necessary documents to transfer
ownership of the Licensee's Facilities to City.
In a true emergency, where there is an imminent danger to the public health, safety or
property, the City may take the measures required by Licensee under this Section 9 without prior
notice to Licensee; however, the City will make reasonable efforts to provide prior notice.
Section 10. Change in Equipment. If Licensee proposes to install Equipment,
which is different in any material way from the specifications or design configurations attached
hereto as Exhibit A, then Licensee shall first obtain the approval for the use and installation of
the equipment from the City. In addition to any other submittal requirements, at City's request,
Licensee shall provide "load" calculations for all Streetlight Poles it intends to install in the
Public Rights-of-Way, notwithstanding original installation or by way of equipment type
changes. The City may approve or disapprove of the use of the different equipment from the
specifications set forth in Exhibit A and such approval shall not be unreasonably withheld.
Section 11. Repair of Facility. Licensee shall repair or refmish, at Licensee's sole
cost and expense, any surface or other portion of the Public Rights-of-Way property or City
Municipal Facilities that is disturbed or damaged during the construction, installation,
maintenance, or operation of Licensee Facilities. Without limiting any other available remedies,
if Licensee fails to repair or refmish such damage, City may, in its sole discretion, but without
any obligation to do so, repair or refinish the disturbance or damage and Licensee shall
reimburse City all costs and expenses incurred in the repair or refinishing.
Section 12. Relocation of Facilities. Licensee understands and acknowledges that
City may require Licensee to relocate one or more of its Node installations. Licensee shall at
City's direction relocate such Node equipment at Licensee's sole cost and expense, whenever
City reasonably determines that the relocation is needed for any of the following purposes: (a) if
required for the construction, completion, repair, relocation, or maintenance of a City project; (b)
because the Node equipment is interfering with or adversely affecting proper operation of City
NEXTG AGREEMENT 9 05/22/2006
owned street light poles, Traffic Light Pole signals, communications, or other Municipal
Facilities; or (c) to protect or preserve the public health or safety, hi any such case, City shall
use its best efforts to afford Licensee a reasonably equivalent alternate location. If Licensee shall
fail to relocate any Node equipment as requested by the City within a reasonable time under the
circumstances in accordance with the foregoing provision, City shall be entitled to relocate the
Node equipment at Licensee's sole cost and expense, without further notice to Licensee. To the
extent the City has actual knowledge thereof, the City will attempt promptly to inform Licensee
of the displacement or removal of any streetlight pole or other Municipal Facility on which any
Node equipment is located.
Section 13. Licensee to Bear All Costs. The Licensee, or any successor or
authorized assign, shall bear all costs incurred in connection with the planning, design,
installation, construction, maintenance, repair, operation, modification, disconnection, relocation
and removal of the Licensee Facilities. The Licensee shall be responsible and must bear all cost
of any movement to, damage to or repair of Licensee's Facilities due to repair, maintenance
and/or failure/collapse of any existing gas, water and sewer lines or any other improvements or
works approximate to Licensee's Facilities. Licensee agrees to bear this cost regardless of
whether or not such damage may be directly or indirectly attributable to the installation,
operation, maintenance, repair or upgrade work on the Licensee's Facilities, unless the damage
results from the active negligence or willful misconduct of the City, its officers, agents or
employees. These costs include electrical utility charges to the applicable utility company based
upon the Licensee Facilities usage of electricity and applicable tariffs.
Section 14. Undergrounding.. Licensee has been advised and understands that the
utilities in the area of Licensee's planned facilities are subject to future under-grounding
requirements. In the event of an under-grounding project, Licensee and City agree to cooperate
with each other in order to relocate or replace Licensee's facilities in such a way so that Licensee
may continue to operate its network for the Term of this Agreement.
Section 15. Future Rules or Orders. The Licensee, or any successor or authorized
assign, shall abide by any agreements, rules, regulations, orders, or directives governing the use
of the Public Rights-of-Way property or City Municipal Facilities as the City may find necessary
and appropriate in executing its responsibilities for public right-of-way management and wireless
site regulation.
Section 16. Licensee to Submit Acceptable Plans. Prior to the Commencement
Date and prior to construction and installation of Licensee's Facilities, Licensee shall, at its sole
cost and expense, prepare and submit, together with payment of all related fees, any and all
reasonable plans and specifications required by the City Engineer, which shall include detailed
maps showing the planned construction, the size and the location and number, and any other
details regarding the placement of appurtenant above-ground equipment to be located in the
Public Rights-of-Way and on City Municipal Facilities or existing third-party infrastructure. The
City Engineer shall be authorized to review the plans and specifications and to impose such
requirements as are necessary to protect the public health and safety and to minimize any
negative impact on aesthetics in the case of the above-ground improvements. The City Engineer
shall be authorized to require an alternate location for the Licensee's Facilities on Streetlight
Poles or comparable facilities to avoid conflict with public safety as well as other permitted uses
in or future public needs of the Public Rights-of-Way identified in this Agreement. Licensee
NEXTG AGREEMENT 10 05/22/2006
shall, at its sole cost and expense, submit traffic control plans for approval by City Engineer.
The City reserves the right to inspect the installation and maintenance of Licensee's Facilities at
any time. Licensee shall pay all plan check, inspection and other related fees prior to the
issuance of any permit for the installation and construction of Licensee's Facilities. All work
within the Public Rights-of-Way and Municipal Facilities or existing third-party infrastructure
shall be performed in strict compliance with plans and permits approved by the City Engineer.
Section 17. Licensee to Secure Approval and Permits. In addition to obtaining and
maintaining the permits, Licensee understands and agrees that Licensee's ability to use the
Public Rights-of-Way and Municipal Facilities and any third-party infrastructure for the
purposes contemplated by this Agreement is dependent upon Licensee obtaining and maintaining
all of the certificates, permits and other approvals which may be required from other federal,
state or local authorities, and any easements which are required from any third parties. City shall
cooperate with Licensee in its efforts to obtain such approvals and/or easements, as may be
required for Licensee's Facilities as approved in the permits. If (i) any application and/or
negotiations by Licensee for any required certificate, permit, license, easement, approval, policy
of title insurance, or agreement is finally denied, rejected and/or terminated, (ii) any such
certificate, permit, license, easement, approval or agreement is canceled, or expires, or lapses or
is otherwise withdrawn or terminated, (iii) any Hazardous Materials are discovered or otherwise
become located on the Public Rights-of-Way and Municipal Facilities, other than as direct result
of Licensee's activities, or (iv) due to technological changes, Licensee determines that it is no
longer practical to use the Public Rights-of-Way and Municipal Facilities for Licensee's intended
purposes, then Licensee shall have the right to terminate this Agreement, which termination shall
be effective no sooner thirty (30) days from delivery of written notice from Licensee to City
provided Licensee has removed Licensee's Facilities from the Public Rights-of-Way and
Municipal Facilities by that time.
Section 18. As Built Drawings to be Provided. The Licensee shall provide as-built
drawings, in any format acceptable to the City Engineer, detailing the location of Licensee's
Facilities installed pursuant to this Agreement within 60 days after facilities are installed.
Section 19. Liability Insurance. Licensee shall obtain and maintain for the duration
of this Agreement and any amendments hereto, adequate insurance against claims for injuries to
persons or damage to property which in any way relate to, arise out of or are connected to the use
of the Public Rights-of-Way and Municipal Facilities by Licensee or to the construction,
operation or repair of Licensee's Facilities by Licensee or Licensee's agents, representatives,
employees or contractors. The insurance will be obtained from an insurance carrier admitted and
authorized to do business in the State of California. The insurance carrier is required to have a
current Best's Key Rating of not less than "A-:V".
a. Licensee shall maintain the types of coverage's and minimum limits indicated
below, unless the City Attorney or City Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Licensee's indemnification
obligations under this Agreement. The City, its officers, agents and employees make no
representation that the limits of the insurance specified to be carried by Licensee pursuant to this
Agreement are adequate to protect Licensee. If Licensee believes that any required insurance
coverage is inadequate, Licensee will obtain such additional insurance coverage, as Licensee
deems adequate, at Licensee's sole expense.
NEXTG AGREEMENT 11 05/22/2006
1. Commercial General Liability Insurance. $1,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted
policies contain aggregate limits, the general aggregate will be twice the required per
occurrence limit.
2. Automobile Liability. $ 1,000,000 combined single-limit per accident for bodily
injury and property damage.
3. Workers Compensation and Employer's Liability. Worker's Compensation limits
as required by the California Labor Code and Employer's Liability limits of $1,000,000
per accident for bodily injury.
b. Licensee will ensure that the policies of insurance required under this Agreement
contain, or are endorsed to contain, the following provisions:
1. The City of Carlsbad will be named as an additional insured on General Liability.
2. Licensee will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
3. This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty (30) day's prior written notice to
City sent by certified mail pursuant to the Notice endorsements to City.
C. Prior to City's execution of this Agreement and annually thereafter, Licensee will
furnish certificates of insurance and endorsements to City.
d. Failure to maintain any of these insurance coverage's, shall be deemed a material
default for purposes of Section 33.
e. City reserves the right to require at anytime, complete and certified copies of any
or all required insurance policies and endorsements.
f. All insurance companies affording coverage to the Licensee shall be required to
add the City of Carlsbad as "additional insured" under the insurance policy(s) required in
accordance with this Agreement. Insurance coverage provided to the City as an additional
insured shall be primary insurance and other insurance maintained by the City, its officers,
agents and employees shall be excess only and not contributing with the insurance provided
pursuant to this Agreement.
g. All insurance companies affording coverage to the Licensee shall be insurance
organizations authorized by the Insurance Commissioner of the State Department of Insurance to
transact business of insurance in the State of California and must carry a rating by Best of not
less than "A-".
NEXTG AGREEMENT 12 05/22/2006 n
h. City may require the revision of amounts and coverage at any time during the
term of this Agreement by giving Licensee 60 day's prior written notice. City's requirements
shall be designed to assure protection from and against the kind and extent of risk existing on the
Public Rights-of-Way and Municipal Facilities. Licensee also agrees to obtain any additional
insurance required by City for new improvements, in order to meet the requirements of this
Agreement.
Section 20. Performance Bond. Prior to construction of Licensee's Facilities,
Licensee shall post a bond with the City (in the form of a Letter of Credit issued by a reputable
institution) in the amount of One Hundred Thousand Dollars ($100,000) ("Performance Bond")
substantially in a form acceptable to the City Attorney. This Performance Bond shall remain in
place for the term of the Agreement, and shall cover up to one hundred (100) Nodes. Any
additional Nodes beyond 100 shall require increasing the amount of the Performance Bond at a
rate of One Thousand Dollars ($1,000) per Node.
Section 21. Accident Reports. Licensee shall, within 48 hours after occurrence,
report to City any accident causing property damage or any serious injury to persons resulting
from any of Licensee's activities under this Agreement. This report shall contain the names and
addresses of the parties involved, a statement of the circumstances, the date and hour, the names
and addresses of any witnesses and other pertinent information.
Section 22. Indemnification of City.
a. Licensee shall waive all claims against City for any damages to the personal
property and equipment of Licensee or City in, upon or about the Public Rights-of-Way and
Municipal Facilities and for injuries to any employees of Licensee or their agents in, upon, or
about the Public Rights-of-Way and Municipal Facilities from any cause arising at any time, unless
the damages and/or injuries arise out of the City's gross negligence or willful misconduct. In
addition, Licensee will fully indemnify, hold harmless, and faithfully defend, the City, including
its elected and appointed officials, officers, employees, contractors and agents ("Indemnified
Parties"), from any damage or injury to any person, or any property, arising from the use of the
Public Rights-of-Way and Municipal Facilities by Licensee or Licensee's officers, employees,
contractors, or agents, or from the failure of Licensee to keep Licensee's Facilities and equipment
in good condition and repair, as provided for in this Agreement.
b. Licensee's indemnification shall indemnify and hold harmless City and its
employees from and against all claims, damages, losses, expenses, including attorneys fees
arising out of or resulting from the performance by Licensee of the Agreement whether
resolution proceeds to judgment or not. Should a conflict arise Licensee shall bear the cost of
retaining independent counsel to represent the City, which counsel shall be chosen by the City
and Licensee.
c. Licensee acknowledges and agrees that Licensee bears all risks of loss or damage
of its Nodes and materials installed in the Public Rights-of-Way and on Municipal Facilities
pursuant to this Agreement from any cause, and the City shall not be liable for any cost of repair
to damaged Node(s), including, without limitation, damage caused by the City's removal of the
Node(s), except to the extent that such loss or damage was solely caused by the willful
NEXTG AGREEMENT 13 05/22/2006
misconduct or negligence of the City, including, without limitation, each of its elected officials,
department directors, managers, officers, agents, employees, and contractors.
Section 23. Revocation of Authorization. If the Licensee fails to comply with any
of the material terms and conditions of this Agreement and/or any applicable law, the City may
revoke the authorization granted herein, subject to the terms and conditions stated in Section 33,
"Termination".
Section 24. Terms and Conditions Specific to this Agreement. The terms and
conditions of this Agreement shall apply solely to the Licensee's Facilities and the Public Rights-
of-Way and Municipal Facilities described in Exhibit A, and shall not apply to, nor establish any
precedent for, the conditions the City may impose upon Licensee in the event Licensee seeks to
provide other telecommunications services or cable services to the public for hire within the
City.
Section 25 Reservation of Rights. The rights granted by this Agreement are granted
based upon representations by Licensee that its federal and state grants or certificates authorize
construction and operation of activities in relation to this Agreement.
Section 26. Governing Law; Jurisdiction. This Agreement shall be governed and
construed by and in accordance with the laws of the United States and the State of California
without reference to general conflicts of law principles. If suit is brought by a party to this
Agreement, the parties agree that trial of such action shall be vested exclusively in the State
courts of San Diego County, California or in the United States District Court, Southern District
of California. Nothing in this section shall be interpreted to preclude either party's right to seek
redress from the Federal Communications Commission.
Section 27. Amendment of Agreement. This Agreement shall not be modified or
amended except by a writing signed by authorized representatives of the parties.
Section 28. Entire Agreement. This Agreement contains the entire understanding
between the parties with respect to the subject matter herein. There are no representations,
agreements, or understandings, whether oral or written, between or among the parties relating to
the subject matter of this Agreement, which are not fully expressed herein. Each party has relied
on advice from its own attorneys, and the warranties, representations, and covenants of this
Agreement itself.
The terms and conditions of this Agreement shall bind and inure to the benefit of City
and Licensee and, except as otherwise provided in this Agreement, their respective heirs,
distributees, executors, administrators, successors, and assigns.
Section 29. Severability. If any part of any provision of this Agreement or any other
agreement, document, or writing given pursuant to or in connection with this Agreement is
finally determined to be invalid or unenforceable under applicable law, that part or provision
shall be ineffective to the extent of such invalidity only, and the remaining terms and condition
shall be interpreted so as to give the greatest effect to them.
NEXTG AGREEMENT 14 05/22/2006
Section 30. Taxes. Licensee shall pay, before delinquency, all taxes, assessments,
and fees assessed or levied upon Licensee or the Licensee's Facilities, including, any buildings,
structures, machines, equipment, appliances, or other improvements or property of any nature
whatsoever erected, installed, or maintained by Licensee or levied by reason of the business or
other Licensee activities related to this Agreement, including any licenses or permits. Licensee
specifically acknowledges that the grant of this license may subject Licensee to certain taxes
under California Revenue and Taxation Code Section 107.6 and agrees it is solely responsible
for the payment of these taxes.
Licensee shall be responsible for all utilities and any property taxes imposed as a result of
the use of the Property by Licensee. Licensee specifically acknowledges that the grant of this
license may be subject Licensee to certain taxes under California Revenue and Taxation Code
section 107.6 and agrees it is solely responsible for the payment of these taxes.
Section 31. Non-exclusivity. Neither this Agreement nor the permit granted
hereunder is exclusive. The City reserves the right to enter into co-location agreements with
other parties, including but not limited to telecommunications and information services providers
(hereinafter "Carriers") for use of the Public Rights-of-Way or Municipal Facilities.
Section 32. Notices. All notices under this Permit Agreement shall be in writing and,
unless otherwise provided in this Agreement, shall be deemed validly given if sent by certified
mail, return receipt requested, or via recognized overnight courier service, addressed as follows
(or to any other mailing address which the party to be notified may designate to the other party
by such notice). All notices properly given as provided for in this section shall be deemed to be
given on the date when sent.
Should City or Licensee have a change of address, the other party shall immediately be notified
as provided in this section of such change.
LISENSEE: CITY:
NextG Networks of California, Inc. CITY OF CARLSBAD
2216 OToole Ave. 1200 Carlsbad Village Drive
San Jose, CA 95131 Carlsbad, CA 92008
Attn: Contracts Administration Attn: City Manager
Either party may change its address by notice to the other party as provided herein.
Communications shall be deemed to have been given and received on the first to occur if (i)
actual receipt at the offices of the party to whom the communication is to be sent, as designated
above, or (ii) three working days following the deposit in the United States Mail of registered or
certified mail, postage prepaid, return receipt requested, addressed to the offices of the party to
whom the communication is to be sent, as designated above.
Section 33. Termination. This Agreement may be terminated by either party upon
forty five (45) days' prior written notice to the other party upon a default of any material
covenant or term hereof by the other party, which default is not cured within forty five (45) days
of receipt of written notice of default (or, if such default is not curable within forty five (45)
days, if the defaulting party fails to commence such cure within forty five (45) days or fails
NEXTG AGREEMENT 15 05/22/2006
thereafter diligently to prosecute such cure to completion), provided that the grace period for any
monetary default shall be ten (10) days from receipt of notice. Should Licensee use the
Licensee's Facilities for a purpose that requires additional City approvals that have not been
obtained, City may terminate this Agreement in the manner authorized by this Section. Except as
expressly provided for herein, the rights granted under this Agreement are irrevocable during the
term.
Section 34. Other Regulations. All Licensee's use of the Public Rights-of- Way and
Municipal Facilities under this Agreement shall be in accordance with the laws of the United
States of America, the State of California and in accordance with all applicable rules and
regulations and ordinances of the City of Carlsbad now in force, or hereinafter prescribed or
promulgated by resolution or ordinance or by State or Federal law.
Section 35. Related Actions. By the granting of this Agreement, neither City nor the
Council of the City is obligating itself to any other governmental agent, board, commission, or
agency with regard to any other discretionary action relating to the use of the Public Rights-of-
Way and Municipal Facilities. Discretionary action includes, but is not limited to, permits,
environmental clearances or any other governmental agency approvals, which may be required
for the development and operation of the Licensee's Facilities within the Public Rights-of- Way
and Municipal Facilities.
Section 36. Use of the Public Rights-of- Way. Licensee acknowledges that the
paramount use of Public Rights-of- Way Property or Municipal Facilities is for the public.
Licensee agrees to coordinate use of the Public Rights-of- Way Property or Municipal Facilities
with City so as not to conflict with City's programs and activities.
Section 37. Powers to Enter into Agreement. The individuals executing this
Agreement represent and warrant that they have the right, power, legal capacity and authority to
enter into and to execute this Agreement on behalf of the respective legal entities of the Licensee
and the City.
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors,
administrators, successors, and assigns do hereby agree to the full performance of the covenants
herein contained and have caused this Agreement to be executed by setting hereunto their
signatures on the day and year respectively written herein below.
CITY: THE CITY OF CARLSBAD
DATE:— — •• ' 31 -
id R. Patchett, City Manager
(Remainder of Page Intentionally Left Blank)
NEXTG AGREEMENT 16 05/22/2006
LICENSEE: NEXTG NETWORKS OF CALIFORNIA, INC.
DATE:
By:
Raymond K. Ostby, CFO
Notary Acknowledgement of Licensee signatures must be attached
Exhibits;
Exhibit A: Equipment
Exhibit B: Initial Deployment
APPROVED AS TO FORM:
RONALD&JBALL, City Attorney
NEXTG AGREEMENT 17 05/22/2006
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of Santa Clara J
May 24, 2006
ss.
On _before me, Anthony Rodriguez, Notary Public, personally
appeared Raymond K. Ostby
Name ot aigner(s)
E Personally known to me
D proved to me on the basis of satisfactory
evidence
ANTHONY ROOMGUK
CommiNlan*14WMO
Santo Oora County
My Comm. bptaiMor 22.2001
to be the person(s) whose name(s)
subscribed to the within instrument and
acknowledged to me that he/$Q$#06X executed
the same in hisZK£0fl)SK authorized capacity (ies),
and that by his>XdtMMX 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 Seal Above)
ignature of I
OPTIONAL
Though the information is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: May 24, 2006
Agreement
Number of Pages:27
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Raymond K. Ostby
CH Individual
0 Corporate Officer - Title (s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
Chief Financial Officer
Signer is representing:NextG Networks of California, Inc.
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N«xtG Networks NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
CA
Power on Pole:
Telco on Pole:
Pole Type: >•
Pole Access: ; dj
Photo of Pole: ie
Pole marked: >s^ U!.p . M
Pole Location Description:
v ; If no secondary, how far to secondary7
» j If no teico, how far to pole with telco?
If yes, photo #s?
Equipment on
Pole:
jomments:Chosen Pole/ SDG&E
Photos
Nexta Network!
Customer:
Project:
Node:
Hem Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
3050
tog <?f Bttlf, 8m-
Power on Pole: j
Telco on Pole: :,c,
Pole Type: !- " ' '''
Pole Access: ' "Md
Photo of Pole: >fo
Pole marked: •? < ..,01 u<
Pole Location Description:
v | If no secondary, how far to secondary?
w i If no telco, how far to pole with telco?
If yes, photo #s?
Equipment on
Pole:
.omments:
Photos
NextQ Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
JP127458
Power on Pole: , i,
Telco on Pole: >e
Pole Type: •'•-•••
Pole Access: r r a:
Photo of Pole: e
Pole marked: v»s^ ve,.r;ai
Pole Location Description:
If no secondary, how far to secondary'
If no telco, how far to pole with telco?
If yes, photo #s?
Equipment on
Pole:
.'omments:Good Location^ SDG&6 Pole.
Photos
NcxtQ Nelworhi NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Was: A4 Now: A4B
toti'of pofe, 6m
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
If no secondary, how far to secondary?
If no telco, how far to pole with telco?
If yes, photo #s?
|Carlsbad Village. Dr across from.Aapaln Rd
Equipment on
Pole:
.omments:Pole replaced & Renamed: A4B Much better access to SBC MH across Carlsbad Village Dr. from original Node location.
s
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Hem Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:P27I84
Power on Pole: FT--;
Telco on Pole: >t*
Pole Type: •'
Pole Access:
Photo of Pole: >e
Pole marked: &
Pole Location Description:
<r i If no secondary, how far to secondary?
v ! If no telco, how far to pole with telco?
» I If yes, photo #s?
Equipment on
Pole:
Comments:Chosen Pole. SDG&E>
Photos
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
-V'- ^^
Carlsbad,, CA
WA
7 •
Power on Pole: v
Telco on Pole: >n
Pole Type: , -:-'. »-
Pole Access: ' ^:
Photo of Pole: i^.
Pole marked: .s M,..e,or.«
Pole Location Description:
• j If no secondary, how far to secondary;
•; If no telcn, how far to pole with telco?
If yes, photo #s?
Equipment on
Pole:
'omments:Chosen Pole City street light
Photos
-*':J*;j-ii:f*;•;**-'#* f •*, • ft
X7
Customer:
Project:
Node:
lem Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
top §f pate, 7M
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
If no secondary, how far to secondary^
If no telco, how far to pofe with telco?
If yes, photo #s?
Equipment on
Pole:
"omments:
Photos
NextG Networks
Customer:
Project:
Node:
item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
Carfeteit,..'"•.. "-•.-•• '• ^>j*?€t?«v^^^gS^vT."^^T^''"y *
n/a
top of pofe, 7»tt
Power on Pole: . .
Telco on Pole: v
Pole Type:
Pole Access: '-
Photo of Pole: <^
Pole marked: •'=•.
Pole Location Description:
•v If no secondary, how far to secondary?
w If no telco, how far to pole with telco?
» If yes, photo #s?
Equipment on
Pole:
Photos
(J
N«KIG Network!NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
' i If no secondary, how far to secondary?
w I If no teico, how far to pole with teico?
If yes, photo #s?
Equipment on
Pole:
Jomments:
Photos
',-. I>
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
|Carlslaad,,-CA
n/a
lini
Power on Pole: ,:n
Telco on Pole: ,-j-
Pole Type: ••'••'•
Pole Access: •• •-•-•'
Photo of Pole:
Pole marked: <,-
Pole Location Description:
' If no secondary, how far to secondary?
' If no tefco, how far to pole with telco?
v \ If yes, photo #s?
Equipment on
Pole:
Comments:
Power/Telco/CAW'
Photos
NCNtG Not works NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
>^^
Power on Pole: pr,
Telco on Pole: N;
Pole Type:
Pole Access:
Photo of Pole: >e
Pole marked:
Pole Location Description:
If no secondary, how far to secondary'
If no telco, how far to poie with teico?
underground
If yes, photo
Equipment on
Pole:
Comments:
Photos
NCMtG Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
... ^^....ly'y-^'tgy :r-:'':^'^''":/'ir'.:'^^'-:'rt' iv
Power on Pole: *--,,.
Telco on Pole: NO
Pole Type: c-^.retey-pen
Pole Access: > >!
Photo of Pole: ^
Pole marked: MC
Pole Location Description:
' j If no secondary, how far to secondary7
If no telco, how far to pole with telco?
underground
If yes, photo #s?
Equipment on
Pole:
"omments:
Tas»rrr"-*l'T''ra
Photos
NextC Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
^i&Si'Jia-Jbds, 4Jfl«**,4^SSas^s
2305.
7,
Power on Pole: •. re
Telco on Pole: r.i;
Pole Type: ini •••'-- '•i-'-^i
Pole Access:
Photo of Pole: <e
Pole marked: <e •,,?,:. :a
Pole Location Description;
Equipment on
Pole:
If no secondary, how far to secondary?
•v ; If no telco, how far to pole with telco?
undefflrpwxJ
If yes, photo #s?
S I
NaxtG Network*
Customer:
Project:
Node:
ilem Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
Power on Pole: voc
Telco on Pole:
Pole Type: r c;e •;\;..~,>
Pole Access: -
Photo of Pole:
Pole marked:
Pole Location Description:
v I If no secondary, how far to secondary;
» : If no telco, how far to pole with telco?
umjergrotmd •
If yes, photo #s?
Equipment on
Pole:
Comments:
Photos
N«*tG Network NextG Networks Node Survey Sheet
^-^i'^mm:^iK,',^-v'->- r
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Carlgtetf "' ,v? . S, -7' • • • ? T t rl.:^^ A^f. -t .''-•i
WA :
Power on Pole: u -
Telco on Pole: N.J
Pole Type: w ->vf
Pole Access: <
Photo of Pole: *,,
Pole marked: re ,r ?,
Pole Location Description:
Equipment on
Pole:
•» If no secondary, how far to secondary?
If no telco, how far to pole with telco?
l*xtG Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: !.,/,?
Telco on Pole: <•
Pole Type:
Pole Access:
Photo of Pole: -~
Pole marked: <e
Pole Location Description:
v If no secondary, how far to secondary?
v j If no telco, how far to pole with telco?
underground
If yes, photo #s?
Equipment on
Pole:
"omments:
Photos
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:Sf^fiftA ^j
Pole ID:
Antenna Height:
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
•9 : If no secondary, how far to secondary?
If no telco, how far to pole with telco?
If yes, photo #s
Pole Location Description:[MetatStreet/Traffit Light
Equipment on
Pole:
N«xtG Network*
Customer:
Project:
Node:
Hem Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
iffiijiJI^PM^ ••^.•f^y^\I^t^----i-ffi:-^Htl-."-.'-'u:"-..>J-j'--yn J..g^-l^-V-... ^. . .^^..^-g-jy-v..^.-.^^.-! ..:-.•-•-:, r-.v ;T- -., •-.• ^ r.11 ,^1
S/A....'..
Power on Pole: n r
Telco on Pole: v
Pole Type: > l«
Pole Access:
Photo of Pole: ~
Pole marked: -r, !ev:» ta
Pole Location Description:
Equipment on
Pole:
v \ If no secondary, how far to secondary7
^ | If no telco, how far to pole with telco?
underground
If yes, photo its?
[About 400 ft sooth of Patonutt Cfa>»Way "-1- • X.
Customer:
Project:
Node:
item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
t?iv-^... JJK& fea
Qli
Power on Pole: T*
Telco on Pole: r.o
Pole Type:
Pole Access:
Photo of Pole: -e
Pole marked: ^
Pole Location Description:
Equipment on
Pole:
v i If no secondary, how far to secondary'
» I If no telco, how far to pole with telco?
. » If yes, photo #s?
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:i...?,_ -"',vt-r--, J^.'s:. ,_m^,.
Antenna Height:
Power on Pole: u>••<•(
Telco on Pole: t.i
Pole Type: r
Pole Access: :
Photo of Pole: re-
Pole marked: re •
Pole Location Description:
T 1 If no secondary, how far to secondary'
v j If no telco, how far to pole with telco?
If yes, photo #s?
Equipment on
Pole:
icxtG Network!NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
"f-.sr*'
N/A
Power on Pole: -i
Telco on Pole: N
Pole Type:
Pole Access:
Photo of Pole: i
Pole marked: •>
Pole Location Description:
Equipment on
Pole:
If no secondary, how far to secondary?
If no telco, how far to pole with telco?
underground
If yes, photo #s?
[Only pdte at the interseeiton thatOoes not'have traffic lights on it.
N«xtfi Networks
Customer:
Project:
Node:
hem Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
(BiJbMaa.Ji.r-.'
NextG Networks Node Survey Sheet
17
iHgj&fiajJi^ -f .:?4^-' '''"" • '
ft/A' :i
Power on Pole: -fc-e
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole: •<•-
Pole marked: 'e-,
Pole Location Description
•v \ If no secondary, how far to secondary'
•» j If no telco, how far to pole with telco?
underground
» i If yes, photo #s?
12nci pote east of Embarcclero tn on AvMCiia
NextG Networks
Customer:
Project:
Node:
Item Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
Cai
fA^^^^y^^^sf-K^^f ".^-.-y- '.<i J^-tL ^-ri^ --^-,- i; ^-l~ •--
' ~ ^ ' J
!
Power on Pole: •• n;
Telco on Pole:
Pole Type: •'...-,•.:^'^M,
Pole Access:
Photo of Pole:
Pole marked: ^ -u/ve,o• m
Pole Location Description:
Equipment on
Pole:
» { If no secondary, how far to secondary?
If no telco, how far to pole with telco?
underground
If yes, photo #s?-Jl
[ftboui- 300ft north of'gBef Ct oft-gasgrgel Morte.
N«xtG Networks NextG Networks Node Survey Sheet
Customer:
Project:
Node:
item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: rta.r
Telco on Pole: ;,
Pole Type: »;;-^:v rei
Pole Access: '••'••
Photo of Pole: •*-
Pole marked: ••<•,
Pole Location Description:
Equipment on
Pole:
~omments:
|^^M<p|«^|i|^
» I If no secondary, how far to secondary'
• | If no tefco, how far to pole with telco?
unrfefBhjimtt
» If yes, photo #s?
Photos
N«xlG Networks NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
\'!,j^,_ .-... JF. ^.y-. , A 3-.'r '^-Vrv 'issrtSKf*?:^:.-; .•.7>'^;'. »,:•.". ;..- v M-
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
If no secondary, how far to secondary?
v I If no teico, how far to pole with telco?
underground
underground; '.
»l If yes, photo #s?
Equipment on
Pole:
Photos
Next <• Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
If no secondary, how far to secondary?
If no telco, how far to pole with telco'
underground
If yes, photo #s?
[Next to Washington Muti^ Sankon Yarrow Or
Equipment on
Pole:
"omments:
Photos
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Hem Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: i ?
Telco on Pole: :.
Pole Type: '••"-•*••••- •••' •
Pole Access: '
Photo of Pole: e
Pole marked: >e-. ^nw>
Pole Location Description
} If no secondary, how far to secondary?
I If no telco, how far to pole with telco?
If yes, photo #s?
Equipment on
Pole:
N«xtG Network*
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
If no secondary, how far to secondary7
If no telco, how far to pole with telco?
underground
If yes, photo *s?
\B Camino Rest atout 300tt satith of CasSft firf
Equipment on
Pole:
"omments:
Photos
N«*tG Networki NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
,t ; •• 'ff
Power on Pole: v
Telco on Pole: •<-.
Pole Type: «! ^ •
Pole Access: ' -11
Photo of Pole:
Pole marked: >K ^-.•e-,cr w
Pole Location Description:
Equipment on
Pole:
v ! If no secondary, how far to secondary
v ] If no telco, how far to pole with telco?
underground
v i If yes, photo #s?
iJ
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Hem Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: •,
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole: a
Pole marked:
Pole Location Description:
Equipment on
Pole:
Comments:
v ! If no secondary, how far to secondary'
' I If no telco, how far to pole with telco?
underground
* If yes, photo *s?
[Cornef of SaamMf'Rtl & fteqtesn Ct •
Photos
NcxtG Network*
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
Power on Pole: won*
Telco on Pole: N:
Pole Type: . insi-eei
Pole Access: -
Photo of Pole:
Pole marked: v« ^ ve.or s
Pole Location Description:
Equipment on
Pole:
"omments:
» ! If no secondary, how far to secondary?
» | If no telco, how far to pole with telco?
underground''
If yes, photo
[Corner of Paisey Ave &!^y St.
N«xtG Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Carl jii%!i'%j'v4y^--^^
Power on Pole: tive
Telco on Pole:
Pole Type: -:i-.<M :,;••_-_•;
Pole Access:
Photo of Pole:
Pole marked: rev.. sy.-eycr u
Pole Location Description:
Equipment on
Pole:
w\ If no secondary, how far to secondary'
v j If no telco, how far to pole with telco?
underground
•r I If yes, photo #s?
lemraBte of Potnsetta^iBaae StopjtMa Waza "
CJ
N«ntO Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
PPJSjy^p^Xifrj^
Power on Pole: >i.ir
Telco on Pole: MJ
Pole Type: <?*'-.«*:•
Pole Access: ' "••"•
Photo of Pole: <es
Pole marked: tes sur.?,:. -s
Pole Location Description;
w ! If no secondary, how far to secondary^
If no telco, how far to pole with telco?
undergrourijt
If yes, photo #s?
list pote east of Carisfaatt on Avien Ja Encinas
Equipment on
Pole:
"omments:
r
Closest pole to Die design point.
Photos
c/
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
Equipment on
Pole:
v ! If no secondary, how far to secondary?
v | If no telco, how far to pole with telco?
If yes, photo #s?
NextG Network!NextG Networks Node Survey Sheet
Customer:
Project:
Node:
!lem Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
I
33
.- ';r- <'•**>
N/A-" .
7"
^^r
Power on Pole:
Telco on Pole: N
Pole Type: ' - '••--*•'
Pole Access: ":
Photo of Pole: e
Pole marked: „••«*•:. :a.
Pole Location Description:
If no secondary, how far to secondary?
v If no telco, how far to pole with telco?
underground
Equipment on
Pole:
.omments:
Photos
N*KtG Networks NextG Networks Node Survey Sheet
Customer:
Project:
Node:
[tern Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
;^
34
8
Power on Pole: NO ,
Telco on Pole: n
Pole Type: ;jic'wesi•«?>
Pole Access: ' • '
Photo of Pole: •=•
Pole marked: r,,;
Pole Location Description:
If no secondary, how far to secondary'
If no telco, how far to pole with telco?
v i If yes, photo #s?
Equipment on
Pole:
"omments:
Photos
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: '<o<-<•
Telco on Pole: NU
Pole Type: '
Pole Access: ' "•>*
Photo of Pole: -^
Pole marked: <m
Pole Location Description:
w I If no secondary, now far to secondary?
If no telco, how far to pole with telco?
If yes, photo #s?
Equipment on
Pole:
0)co
'•S9U t_
'S53 «E =
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'C mO W
0)
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11
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III'
1*5
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c Q UQ- o -
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II
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li
£
I/)E
£
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(U
Q.<U
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CCT<n^m
0)5"
ento
I ~
8 Ii) S-B a.
5, ~
o ^
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ss^ CO11c o
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-C _O~ oE c0 01
**- LO01 0!~
CU
- o(D u;
"D OJ
11T3 C
d) 52
f4«*tG Network NextG Networks Node Survey Sheet
If no secondary, how far to secondary?
If no telco, how far to pole with telco?
If yes, photo #s?
IMelrose Dr/Poinseitia Ln one pole ffff
Equipment on
Pole:
Comments:
Customer:
Project:
Node:
Item Number-
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: , .?
Telco on Pole:
Pole Type: •->••'•^••- --'-
Pole Access:
Photo of Pole: •-•
Pole marked: ><••,. sur*evw
Pole Location Description:
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
Bfc |^y'.jjfafejfefrlg^
'... 1 .".' "*"•',* "-k- ,-,"- ; 'i '., .. ..-V-^. '' .. f ' •.'!
Power on Pole: 'n
Telco on Pole: -^
Pole Type: <*=• - "-'
Pole Access: " •••'•
Photo of Pole: -^
Pole marked: tes w.-ew\,i
Pole Location Description:
Equipment on
Pole:
"omments:
If no secondary, how far to secondary?
If no telco, how far to pole with telco?
underground , ' -
If yes, photo #s?
NextG Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
lem Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
••>"'" '--T ' '
Power on Pole: u.ne
Telco on Pole: r,(>
POle Type: C:. .:<!e S"rtl
Pole Access: 'r] •''
Photo of Pole: \e-
Pole marked: <» surveyor t
Pole Location Description:
Equipment on
Pole:
w \ If no secondary, how far to secondary?
v i If no telco, how far to poie with telco?
^ I If yes, photo #s?
xlG Network!NextG Networks Node Survey Sheet
Customer:
Project:
Node:
item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
•* | If no secondary, how far to secondary'
•vl If no telco, how far to pole with telco?
If yes, photo #s?
Equipment on
Pole:
"omments:
Photos
fj
N*xtG Network*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
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Power on Pole: .;«
Telco on Pole:
Pole Type: r-~
Pole Access:
Photo of Pole: ••-,
Pole marked: >,s
Pole Location Description:
If no secondary, how far to secondary
If no telco, how far to pole with telco?
If yes, photo *s?
[Half way'betwaeft Cantii St &' Corinia.St on N side'of Cucieraga SIL..'.-. T ' /:
Equipment on
Pole:
Comments:
Photos
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
."""T1*,; —•f'^'^f~fnr^;,*~ ISJ; ,Hy»fi^»?> - : '• «^i'«viW"f?«fl5?i:y r11*?*-^'"*»«*> ,*•»~>w^f^i^"^"PTJJJpjJJSJ
Power on Pole: -.on,-
Telco on Pole: m
Pole Type: <^y,,:<^ .„••
Pole Access: *:
Photo of Pole: 'e,
Pole marked: ••?. sr.e.o a:
Pole Location Description:
w | If no secondary, how far to secondary!
T If no telco, how far to pole with telco?
underground
»| If yes, photo 15731-5743 '
[Across
Equipment on
Pole:
Comments:This type of pole may be difficult to install equipment on The rad center is not that high This a cement poie
Photos
N*MtG Netwo NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
No tags,-
Power on Pole: r
Telco on Pole: •<
Pole Type: ;
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
•» j If no secondary, how far to secondary
w ( If no telco, how far to pole with telco?
If yes, photo #s?
J2646 Harmtf q'.: '^''yv.-
Equipment on
Pole:
Comments:This type of pole may be difficult to install equipment on. The rat center is not that high. This a cement pole
Photos
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Antenna Height:
Power on Pole: n-re
Telco on Pole: <<•>
Pole Type: ,:..».,,e-.ssi.fe
Pole Access: Jj
Photo of Pole: <es
Pole marked: '.c
Pole Location Description:
*'. If no secondary, how far to secondary?
If no telco, how far to pole with tetco?
v If yes, photo #s?
Equipment on
Pole:
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NCNtC Nttlwork*NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: .-p=
Telco on Pole: -.
Pole Type: --=^•«•'< •••I=eu
Pole Access: i;1
Photo of Pole:
Pole marked: •« -.ur.eya ta,
Pole Location Description:
w \ If no secondary, how far to secondary?
» : If no telco, how far to pole with telco?
underground •
If yes, photo #s?I569S-S705
[Rjin^ho Sante Fe Rd 61g-«iet^f»s/»!Sift tflteHd. »r'., k
Equipment on
Pole:
Comments:Wooden poles on the other side looks like they maybe rerooved Eater in time
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NextG Networks Node Survey Sheet
Customer:
Project:
Node:
item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
v | If no secondary, how far to secondary?
v | If no telco, how far to pole with telco?l .:• ,--<?,
v i If yes, photo #s?[5671-5683^
Equipment on
Pole:
tomments:
<W"rtr> **
Decorative cement pate
Photos
NextG Network.NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: r<->
Telco on Pole: n
Pole Type:
Pole Access: !
Photo of Pole:
Pole marked: <e
Pole Location Description:
v i If no secondary, how far to secondary?
» ! If no telco, how far to pole with telco?4s^t%3'- V
V i-y^ . a,* H^
f I If yes, photo #s?[5660-567(1 •,
Equipment on
Pole:
~omments:
''
"—"—ta NextG Networks Node Survey Sheet
Customer:
Project:
Node:
item Number.
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Des
Equipment on
Pole:
"omments:
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7 '• * •'
fiwe » If no secondary, how far to secondary' urKtergrounct ' "1 -••',•••; -(
"->•' v If no telco, how far to pole with telco? un^firgrQUFtl^^ J (Vf v.,h-p ^ '<^v^^^"^ f "^^"^^
'.•:rv!e'.^ S'iee'l g;i: V '
re-, v If yes, photo #s? JBSSS-SSO? |
T'es, sj; .-e^ci: ujje V
cription: [2381 Vistt liffflsa , --.. •' , ^ , *, ; '"-..••.:----'*
«,^^^,^,^*t^,i,,,*r*,., *r..,-. „- , ,. . . , . •».
Photos
.v, tKtsK^y •^^Hfmrf\ (-,, '.-«--
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number:
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: none
Telco on Pole: r,c.
Pole Type: re-.;•*•.<•. •>.-••:
Pole Access: ''-"'
Photo of Pole: .e
Pole marked: res , r.e.o- up
Pole Location Description:
If no secondary, how far to secondaryl
»j If no telco, how far to pole with telco?
If yes, photo #s?
[NE eorner'ofSalleift Way& LeisaTite St . -.-•'-
Equipment on
Pole:
Photos
NextG Networks Node Survey Sheet
Project:
Node:
lem Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: iwe
Telco on Pole:
Pole Type:
Pole Access: '
Photo of Pole:
Pole marked: •&
Pole Location Description:
<r i If no secondary, how far to secondary?
v ! If no telco, how far to pole with telco?
If yes, photo #s?
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NCKtG Network!
Customer:
Project:
Node:
tern Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
Power on Pole: n«v
Telco on Pole: -.0
Pole Type: ..-..•*-u-t.".,
Pole Access:
Photo of Pole: <e,
Pole marked: >«. «rve>o, M
Pole Location Description:
Equipment on
Pole:
If no secondary, how far to secondary?
If no telco, how far to pole with telco?;g. -.j?;^...|.v».,.^ ; ,y'•",.. - •. . «•.«•>»-•. ".-.jf-
If yes, photo *s?
NextG Networks Node Survey Sheet
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole:
Telco on Pole:
Pole Type:
Pole Access:
Photo of Pole:
Pole marked:
Pole Location Description:
Equipment on
Pole:
If no secondary, how far to secondary?
v j If no telco, how far to pole with telco?
underground
<r] If yes, photo #s?|564B-"S6S9 I
13257 aanchoSaotaFeRd two poles down. • .•
NextG Met work NextG Networks Node Survey Sheet
UBdarground' • * -• ' • -. :! If no secondary, how far to secondary?
If no telco, how far to pole with telco?
If yes, photo #s?
fl74S Qllvfltihain Ret
Equipment on sign board and metrocomm-antenna
Pole:
Comments:
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
Power on Pole: «.-«•?
Telco on Pole: N=
Pole Type:
Pole Access:
Photo of Pole: -K
Pole marked: Yes, s
Pole Location Description:
IC9i..t...^.,L
NcxIG Networks
Customer:
Project:
Node:
Item Number
Latitude:
Longitude:
Street Address:
City, State:
Pole ID:
Antenna Height:
NextG Networks Node Survey Sheet
"T."r ../... ~,Je!™*-?, '•-... *'„.._*' r^f ~ J*!- ' J" - / r...,;~'^-v . .•^•f.^. '. ' ^ " ^' v.^.^. / JK^. °'^.L-fr'^'.:^ „'
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Power on Pole: a.-.M?
Telco on Pole:
Pole Type: t ; i
Pole Access: •:
Photo of Pole: <e,
Pole marked: >» ; ,«.«.„,
Pole Location Description:
•r j If no secondary, how far to secondary?
•» If no telco, how far to pole with telco?
T i If yes, photo #s?
Equipment on
Pole:
"omments:
*^si*&?p!er£-wi»-s^ry*jf*>^'ss^
1 st Pole south of La Costa Towns Center on east side of S Camino Real
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