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Home My WebLink About2017-01-24; City Council; Resolution 2017-015EXHIBIT 1 RESOLUTION NO. 2017-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIFTH AMENDMENT TO TELECOMMUNICATIONS NETWORK LICENSE AND ENCROACHMENT AGREEMENT WITH CROWN CASTLE NG WEST, INC. WHEREAS, on June 28, 2016, the City Council of the City of Carlsbad authorized the City Manager to execute the Third Amendment to Telecommunications Network License and Encroachment Agreement with Crown Castle NG West, Inc., to allow the parties sufficient time to enter into negotiations for a longer-term amendment, via Resolution No. 2016-120; and WHEREAS, the parties have been negotiating in good faith but need more time to complete negotiations; and WHEREAS, the City Council has determined that it is in the best interest of the city to enter into a Fifth Amendment to Telecommunications Network License and Encroachment Agreement with Crown Castle NG West, Inc. to allow the parties sufficient time to continue negotiations for a longer-term agreement; and WHEREAS, the City Council has further determined that terms of the Fifth Amendment to Telecommunications Network License and Encroachment Agreement with Crown Castle NG West, Inc. are acceptable; and WHEREAS, the Fifth Amendment will generate $14,250 in monthly revenue for the city for a period of three months. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.The City Manager is authorized to execute the Fifth Amendment to Telecommunications Network License and Encroachment Agreement with Crown Castle NG West, Inc., which is attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of January, 2017, by the following vote, to wit: AYES: NOES: ABSENT: M.Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. { City ofCarlsbad FIFTH AMENDMENT TO TELECOMMUNICATIONS NETWORK LICENSE AND ENCROACHMENT AGREEMENT WITH CROWN CASTLE NG WEST, INC. THIS FIFTH AMENDMENT to the Network License and Encroachment Agreement ("Fifth Amendment") is made effective and entered into this 2] t(/\ day of �\..A.� 2017,between the City of Carlsbad (the "City"), and Crown Castle NG West,�, a D�la� limited liability company ("Crown"); (collectively, "the Parties"), to the Network License and Encroachment Agreement ("License") dated June 6, 2006. WHEREAS, on June 6, 2006, the City and Crown's predecessor in interest entered into a License Agreement, granting a license to occupy portions of the public rights-of-way upon City owned infrastructure ("Municipal Facilities") for providing telecommunications services for its customers, which expires on June 30, 2016; and WHEREAS, the City and Crown's predecessor in interest executed a First Amendment to the Agreement on May 24, 2007 authorizing installation of additional Nodes on Municipal Facilities, not to exceed a total of 100 Nodes; and WHEREAS, the City and Crown executed a Second Amendment to the Agreement on September 9, 2013, authorizing Crown to install additional Nodes in the City, not to exceed a total of 150 Nodes; and WHEREAS, the City and Crown executed a Third Amendment to the Agreement on June 28, 2016, extending the term of the Agreement four ( 4) months for the parties to negotiate a new long term license agreement; and WHEREAS, the City and Crown executed a Fourth Amendment to the Agreement on October 25, 2016, extending the term of the Agreement four (4) months for the parties to negotiate a new long term license agreement; and WHEREAS, the Parties still require further negotiations for the new long term license agreement and require a three (3) month extension of the License to do so; and WHEREAS, the Parties desire to enter into this Fifth Amendment under the following terms and conditions: 1.Term. Commencing on February 1, 2017, the term of the License will be month to monthending no later than April 30, 2017. 2.Rent. Crown agrees to pay City monthly rent in the amount of Ninety Five Dollars ($95) pernode payable on the l st of each month effective February 1, 2017. Public Works Department General Services Division I 405 Oak Avenue I Carlsbad, CA 92008 I 760-434-2925 t 3.Termination. Either party may terminate this License upon providing thirty (30) days written notice. 4.Removal of Equipment/Penalty Fee. Within thirty (30) days from termination of this License,Crown agrees to assemble and remove from the Municipal Facilities all of its property and equipment, including antenna supports, and shall leave the Municipal Facilities in the samecondition as it was immediately prior to the commencement of the License, normal wear andtear excepted. In the event Crown fails remove all of its equipment from the MunicipalFacilities within the time allowed, the City may, but is not obligated to, remove and store Crown's property and equipment until recovered by Crown. In the event the City removes andstores Crown's property and equipment, the City shall not be liable for any damage to Crown'sproperty and equipment during the removal or storage. Crown may recover equipment fromthe City by paying the City a daily penalty of Three Hundred Fifty Dollars ($350) for each dayany of Crown's property or equipment remains on the Premises after termination of the License. Alternatively, upon Crown's request, City may approve abandonment of Crown'sequipment in place. Upon approval, Crown shall execute, acknowledge and deliver necessarydocuments to transfer ownership of Crown's equipment to the City. 5.Disposal of Abandoned Equipment. In the event Crown fails to remove its property and equipment from the Municipal Facilities within ninety (90) days from the notice of termination, the City may declare the property and equipment abandoned and may, but is not required to, dispose of equipment as it chooses. Crown shall reimburse the City all costs of removal anddisposal and for the period of storage of Crown's property and equipment. All other terms of the License shall continue during this extended term as if set forth herein. By their signatures below, the City and Crown hereby agree to the terms of the Fourth Amendment as set forth herein, effective as of the date first written above. CROWN Printed Name. ..=cc--=:--""--'--=c-��'---'2-=---.,_--...-'-'--T i tl e :'<JI 'l ter;, Ov I Crown Castle NG West, Inc. DATE: 1-1�'-1 '} CITY CITYMA GER CITY OF CARLSBAD DATE: __ i_2_1._J_,--'-7 ______ _ NOTARY ACKNOWLEDGEMENT OF LICENSEE'S SIGNATURE(S) MUST BE ATTACHED ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of O rq kt:te 0 on I /r q / 'J(} I 7 before me, Naomi Cha, Notary Public��-'-��-(insert name and title of the officer) D L\ "I\ 1:.-L ('CH r-() personally appeared n iv c: � iA'> c.-1 :>-EI"- who proved to me on the basis of satisfactory evidence to be the person whose name is/ e subsqibE¥J to the within instrument and acknowledged to m� that he/s /�y executed the same in his/�r/ttfeir authorized capacity(i�\ and that by his/�r/t�ir signature.ffi) on the instrument the person1', or the entity upon behalf of which the person�acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -�__,__...;;.._.;;...�....L..C'--, ...... C_k'--,....L-.C.--,,__ __ {Seal)