Loading...
HomeMy WebLinkAbout2000-03-14; City Council; Resolution 2000-840 0 1 RESOLUTION NO. 2000-84 2 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT OF THE EXISTING LICENSE AGREEMENT WITH COX COMMUNICATIONS, P.C.S. FOR A CELLULAR SITE AT THE CARLSBAD PUBLIC SAFETY CENTER WHEREAS, on July 13, 1999, Council approved a license agreement with 6 Communications, P.C.S. for a cellular site at the Carlsbad Public Safety Center; and 7 WHEREAS, the electrical source to the cellular site would cause substantial disrupt 8 the Safety Center operations and create unnecessary modifications to the building; and 9 WHEREAS, it was determined that Cox will have to obtain its electrical power throu: 10 City’s power supply at the Safety Center; and 11 WHEREAS, the City will charge Cox an additional monthly fee for use of its electri 12 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsb 13 the amount of $1,800 in year one and increasing to $2,400 in year five of the license agreen 14 1. That the above recitations are true and correct. 15 follows: 16 2. That the License Amendment between the City of Carlsbad and 17 Communications, P.C.S. attached hereto as Exhibit 2 is hereby approved. 18 3. That the Mayor is hereby authorized to sign the license amendment on behalf 19 I 20 1 City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C 21 22 held on the 14th day of MARCH , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin 23 24 25 26 27 28 ATTEST: INE WOOD, City Clerk (SEAL) 2 e 0 FIRST AMENDMENT TO LICENSE AGREEMENT This First Amendment to License Agreement is made between the City of Carlsbad (‘City”), a municipal corporation, and Cox PCS Assets, L.L.C., a Delaware Limited liability company, wholly owned- by Cox Communications PCS, L.P., a Delaware Limited Partnership (both of which are hereinafter referred to as “Licensee”). RECITALS I. The City and Licensee entered into that License Agreement commencing August 1 , 1999 pursuant to which Licensee is authorized install its antenna arrays and operate its telecommunications facility on real property owned by City identified as Assessor Parcel No. 209-050-26-00, commonly known as the Carlsbad Public Safety and Service Center Site (the “Property”). 2. Licensee and City have determined that Licensee will have to obtain its electric power supply for its telecommunications facitity through the City’s power supply at the Property. 3. Licensor and City intend to amend the License to permit Licensee to obtain its electric power through the City’s electric power supply at the Property and to provide for payment by Licensee to City a fixed amount for the cost of electric power to avoid the administrative burden of determining, billing and collecting the cost of actual usage each month. -1- LA\992350052 0 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Paragraph 6 on page 4 of the License is hereby amended in its entirety to read as follows. 6. Be responsible for all utilities and any property taxes imposed as a result of the use of the Property by Licensee; provided that, Licensee shall obtain its electric power through the electric power panel through which the City obtains its electric power for the Property and shall pay to the City as compensation for electric power used through that source the following fee payable in advance at the time of payment of the monthly fee provided under paragraph 11 of the License. (a) One hundred fifty dollars ($150) per month for the first year of the License. (b) One hundred seventy dollars ($170) per month for the second year of the License. (c) One hundred eighty dollars ($1 80) per month for the third year of the License. (d) One hundred ninety dollars ($190) per month for the fourth year of the License. (e) Two hundred dollars ($200) per month for the fifth year of the License. 2 W 0 IN WITNESS WHEREOF, the parties have executed this agreement by their officers therein duly authorized as of the date and year first written above. COX PCS ASSETS, L.L.C. a Delaware limited liability company Licensee By: Cox Communications PCS, LP., a Delaware limited partnership, its only Member By: 4“ ATTEST: Name: Title: cn* comnnmkatfola Pcs, LP. “lodd umaorwe ueveropmeat UCIRRAlNE NOOD, City’ .Crerk . ./ Cox Communications PCS, LP. , a Delaware limited partnership, its on1 Member By: 6g h$d Name: bQdd tb@ !d Title: b-3~ 3-i sfit[?hfa 3 m W SPRINT SPECTRUM L.P. NOTARY BLOCK: STATE OF CALIFORNIA COUNTY OF ALAMEDA The foregoing instrument was acknowledged before me this 3rd day of February,2000 by Michael Todd, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. (AFFIX NOTARIAL SEAL) Sharon R. Armstroncr My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) October 24,2001 COMMISSION NUMBER: 115941 5 .. e STATE OF CA',Fd.2" r7. 1 ) COUNTY OF AL V~-POP 1 W On '2-Y-o~ , before me, the undersigned, a Notary Public in and for said County and State, personally aPPe .),-,b,,j CklApmfi-- , personally known to me or proved to me on the basis of satisfactory evidence to bt perGn(s) whose Name(s@are subscribed to the within instrument, and acknowledged to me thashelthey executed the same i-en authorized capacity(ies), and that by@er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person@) a' executed the instrument. WITNESS my hand and official seal. (AFFIX NOTARIAL SEAL) My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: STATE OF 1 ) COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and State, personally appc , personally known to me or proved to me on the basis of satisfactory evidence to b person(s) whose Name(s) islare subscribed to the within instrument, and acknowledged to me that helshelthey executed the same in hislhel authorized capacity(ies), and that by hislhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) i executed the instrument. WITNESS my hand and ofFicial seal. (AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC-STATE OF My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER: