HomeMy WebLinkAbout2020-08-18; City Council; Resolution 2020-171Exhibit 1
RESOLUTION NO. 2020-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXTEND THE LICENSE AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND COX COMMUNICATIONS CALIFORNIA, LLC.
WHEREAS, the city is responsible for the 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 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 rights-of-way;
and
WHEREAS, Cox Communications California, LLC ("Cox, LLC") entered into a Non-Exclusive
License Agreement ("Agreement") to construct fiber based facilities in the public right-of-way in the
Palomar Airport industrial area on Sept. 12, 2005; and
WHEREAS, pursuant to the terms of the original Agreement, Cox, LLC was granted a
five-year extension on Oct. 21, 2010, extending the Agreement through Sept. 12, 2015; and
WHEREAS, pursuant to the terms of the original Agreement, Cox, LLC was granted a second
five-year extension on Jan. 16, 2016, ratifying the extension the Agreement through Sept. 12, 2020;
and
WHEREAS, pursuant to the terms of the original Agreement, as it may have been amended
from time to time, Cox, LLC on July 19, 2019 requested a third and last extension of the Agreement
through Sept. 12, 2025; and
WHEREAS, Cox, LLC has fully complied with all terms and conditions of the
Agreement; and
Aug. 18, 2020 Item #2 Page 3 of 25
Exhibit 1
WHEREAS, the Agreement has been beneficial for all parties involved and aided
in the city's development efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows that:
1. That the above recitations are true and correct.
2. That the City Manager, or a designee, is authorized to execute the extension to the
Agreement attached as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California, on the 18th day of August, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
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MATT HALL, MAYOR
ATTEST:
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BARBARA ENGLESON, tSTY CLERK
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Aug. 18, 2020 Item #2 Page 4 of 25
AMENDMENT NO. 2 TO EXTEND THE LICENSE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND COX COMMUNICATIONS CALIFORNIA, LLC This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2020, extending the license agreement dated September 12, 2005 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation ("City"), and Cox Communications California, LLC (“Cox, LLC”), as successor-in-interest to COXCOM, Inc. (“Cox”), collectively, the “Parties,” for a non-exclusive license agreement in the Palomar Airport industrial area of Carlsbad. RECITALS
A. On September 12, 2005, the City and Cox entered into a license agreement that allowed Cox to construct fiber-based facilities within the City's Rights-
of-Way to provide non-Cable Services to the Palomar Airport industrial area of
Carlsbad as further depicted in the attached and incorporated Exhibit A; and
B. The initial term of the Agreement was for five years, which could be
renewed for three additional five-year terms upon request of Cox; and
C. Cox constructed fiber-based facilities within the City's designated Public
Rights-of-Way and has provided non-Cable Services within this area; and
D. On October 21, 2010, the City granted Cox's request to extend the
Agreement for a five-year term expiring on September 12, 2015; and E. On December 31, 2011 ("Transfer Date"), Cox transferred its interests in the License Agreement to Cox, LLC, a wholly-owned subsidiary of Cox; and F. On January 14, 2016, the City ratified Amendment No. 1 to the Agreement,
which amended the Agreement to extend its term a second time to September 12, 2020.
G. On July 19, 2019, Cox, LLC requested a third five-year extension of the
Agreement and the Parties agree that the extension would be beneficial to the Parties and the
businesses within the Palomar Airport industrial area; and
H. With this extension, the Agreement will expire on September 12, 2025.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. The Agreement, as may have been amended from time to time, is extended for a period of five years ending on September 12, 2025. 2. All other provisions of the Agreement, as may have been amended from time to time, remain in full force and effect.
DocuSign Envelope ID: 6A37D070-0C9A-4CEF-B4DA-067057EDBBEE
August
19th
Aug. 18, 2020 Item #2 Page 5 of 25
3. All requisite insurance policies to be maintained by Cox, LLC pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this
Amendment. 4. The individual(s) executing this Amendment and the instruments referenced on behalf of Cox, LLC represent and warrant they have the legal power, right and actual authority to bind Cox, LLC to the terms and conditions of this Amendment. COX, LLC CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) City Manager
(print name/title)
ATTEST:
By:
(sign here) BARBARA ENGLESON
City Clerk
(print name/title)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or
Vice-President
Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM: CELIA A. BREWER, City Attorney
BY: _____________________________
Assistant City Attorney
DocuSign Envelope ID: 6A37D070-0C9A-4CEF-B4DA-067057EDBBEE
Sam Attisha, Sr. VP Cox Communications California, LLC
for
Aug. 18, 2020 Item #2 Page 6 of 25