HomeMy WebLinkAbout1998-12-15; Municipal Water District; 427; Use of Maerkle Reservoir SiteCARLSBAO MUNICIPAL WATER DISTRdT -AGENDA BIL
AB# - TITLE:
1.2-15-98 APPROVAL OF AN AGREEMENT EXTENSION MTG. WITH AIRTOUCH CELLULAR FOR USE OF
I DEPT. CMWD MAERKLE RESERVOIR SITE CITY MGR.
FISCAL IMPACT:
In accordance with Section l(k) of the License Agreement, monthly rent payable to the District
will be increased to One Thousand Three Hundred Seventy and No/l00 Dollars ($1,370.00)
effective June 16, 1999, which is an increase of $390.00 per month. This will result in
additional annual property rental revenue of $4,680.00.
EXHIBITS:
1. Resolution No. ‘ad* for approval of an option to extend the term of said License
Agreement between Carlsbad Municipal Water District and AirTouch Cellular (successor to
PacTel Mobile Access and Advanced Mobile Phone Services, Inc.) dated June 16, 1982, for
an additional five (5) years through June 15, 2004.
2. Letter from AirTouch Cellular dated October 16, 1998.
RECOMMENDED ACTION:
Adopt Resolution No. /03& approving an option to extend the term of a License
Agreement between Carlsbad Municipal Water District and AirTouch Cellular (successor to
PacTel Mobile Access and Advanced Mobile Phone Services, Inc.) dated June 16,1982, for an
additional five (5) years through June 15, 2004.
ITEM EXPLANATION:
In 1982, the District entered into a License Agreement with a mobile telephone company called
Advanced Mobile Phone Services, Inc. (AMPS) to allow AMP to locate a mobile
communications facility at the Squires Dam (Maerkle Reservoir) site. The original agreement
was for two (2) years with AMPS having the exclusive and irrevocable right and option to renew
or extend according to the agreement. These extensions were for five (5) years each at a set
rental rate until the year 2004, at which time a new rental rate may be negotiated if the
agreement is renewed.
In November 1983, the District was notified that PacTel Mobile Access had been formed as a
successor to the interest of AMPS and had assumed the rights granted AMPS under the
agreement. In June 1994, the District was then notified that AirTouch Cellular had been formed
as a successor to the interest of PacTel Mobile Access and had assumed the rights granted
PacTel and AMPS before them under the agreement.
On October 16, 1998, AirTouch asked to exercise their option to extend the term of said
License Agreement for an additional five (5) years through June 15, 2004. AirTouch has
fulfilled all of the terms and conditions of the agreement during the previous extended term.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 1o32
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN OPTION TO EXTEND THE TERM OF
SAID LICENSE AGREEMENT BETWEEN CARLSBAD MUNICIPAL
WATER DISTRICT AND AIRTOUCH CELLULAR (SUCCESSOR TO
PACTEL CELLULAR) DATED JUNE--7, 1994, FOR AN ADDITIONAL
ne 16 1982, with a mobile
e Squires Dam site
exercise their option to extend the term of said License Agreement for an additional five
(5) years through June 15, 1994; and
WHEREAS, in June 1994, the District was notified that AirTouch Cellular had been
formed as a successor to the interest of PacTel Mobile Access and had assumed the
rights granted to PacTel under the agreement, and on October 16, 1998, AirTouch had
asked to exercise their option to extend the term of said License Agreement for an
additional five (5) years through June 15,2004; and
1 WHEREAS, in accordance with Section l(k) of the License Agreement monthly
2 II rent will be increased to One Thousand Three Hundred Seventy and No/l00 Dollars I
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
($1,370.00) effective June 16, 1999, which is an increase of Three Hundred Ninety and
No/l 00 dollars ($390.00) per month.
Municipal Water Dis
ellular had been
($390.00) per month
4. That District staff recommends approval of an option to extend the term of said
23 License Agreement between Carlsbad Municipal Water District and AirTouch Cellular
24 (successor to PacTel Mobile Access and Advanced Mobile Phone Services, Inc.) dated
25 June 16, 1982, for an additional five (5) years through June 15, 2004.
26
27
28
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a special meeting of the Cakbad
Municipal Water District held on 15th day of December 1998, by the
following vote to wit:
AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin
,
AIRTOUCH”
Cellular
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
Attn: Robert J. Greaney
Aiffouch Cellular
5355 Mira Sormm Place, Suite 500
San Diego. CA 92 I2 I
October 16,1998 Telephone: 619 625 7878
CERTIFIED MAIL,
RETURN RECEIPT RECUESTED
RE: Extension to License Agreement dated June 16,1982
Squires Dam Cell Site : j ,..’ ,’ ’
CI-.
,.__r .A
Dear Mr. Greaney:
With regard to the License Agreement dated June 16, 1982 (“License”) between CARLSBAD
MUNICIPAL WATER DISTRICT (“District”), and AIRTOUCH CELLULAR, a California
corporation (formerly known as PacTel Cellular, a California corporation) (“AirTouch”), for the
above-referenced premises, AirTouch Cellular hereby exercises its option to extend the term of the
License for an additional five-year period through June 15,2004. In accordance with Section 1 (l)
of the License, the monthly rental price will increase to One Thousand Three Hundred Seventy and
No/l00 Dollars ($1,370.00) effective June 16, 1999.
Please acknowledge your receipt of this notice to extend the License term by having a duly
author&d representative of the District sign in the space provided below and return the original of
President, Engineering & Operations,
Sierra Pacific Region
Acknowledged this 15 day of December ,1998
Title: CMWD Board President
,
’
. City of Carlsbad
December 18,1998
AirTouch Cellular
Jeff Chessher, V.P. Eng. 8t Ops.
5355 Mira Sorrento PI., Suite 500
San Diego, CA 92921
RE: EXTENSION TO LICENSE AGREEMENT - MAERKLE RESERVOIR SITE
Enclosed for your records are copies of the Carlsbad Municipal Water District
Board Agenda Bill No. 427 and Resolution No. 1032. These documents went
before the CMWD Board on December 15, 1998 where the resolution was
approved.
Per your written request, I have also enclosed the original fully executed
Extension of the 1982 License Agreement. This extension allows the location of
a mobile communications facility at the Squires Dam (Maerkle Reservoir) site,
through June 15,2004.
If you have any questions regarding the specifics of this “extension”, please call
Robert J. Greaney, C.M.W.D. General Manager, at (760) 438-2722.
tie,
Kathleen D. Shout
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 * (760) 434-2808 @