HomeMy WebLinkAbout1994-06-07; Municipal Water District; 247; Use of Maerkle Reservoir Site - PactelAB# a73 TITLE:
MTG. W/94 APPROVAL OF AN AGREEMENT EXTENSION
WITH PACTEL FOR USE OF MAERKLE
CARLSBAD I’“!NlClPAL WATER DISTRICT -1GENDA BILL G%2 ” 0 2
DEPT. HD. f?&-
r- DEPT. CMWD RESERVOIR SITE - CMWD PROJECT NO. 87-l 10
RECOMMENDED ACTION:
Adopt Resolution No. 8’) 3 approving an option to extend the term of said License Agreement between
Carlsba’d Municipal Water District and PacTel (successor to Advanced Mobile Phone Services, Inc.), dated June
16, 1982, for an additional five (5) years through June 15, 1999.
ITEM EXPLANATION:
In 1982, the District entered into an agreement with a mobile telephone company called Advanced Mobile Phone
Services, Inc. (AMPS). This agreement allowed AMPS to locate a mobile communications facility at the Squires
Dam site (Maerkle Reservoir). The original agreement was for 2 years with AMPS having exclusive and
irrevocable right and option to renew according to the agreement. These renewals were for 5 years each at a
set price until the year 2004, when a new price may be negotiated if agreement is renewed.
In November of 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 to AMPS under the agreement.
On November 22, 1993, PacTel Cellular had asked to exercise their option to extend the term of said License
Agreement for an additional five (5) years from June 16, 1994.
FISCAL IMPACT:
In accordance with Section 1 (k) of the License Agreement monthly rent will be increased to Nine Hundred Eighty
Dollars ($980.00) effective June 16, 1994, which is an increase of $280 per month. This will result in an additional
annual increase of $3.360.
EXHIBITS:
1. Resolution No. 833 for approval of an option to extend the term of said License Agreement between
Carlsbad Municipal Water District and PacTel (successor to Advanced Mobile Phone Services, Inc.) dated
June 16, 1982, for an additional five (5) years through June 15, 1999.
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RESOLUTION NO. 873
A RESOLUTION Of THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, CARtSBAD, CALlFORNlA, FOR
APPROVAL OF AN OPTlON TO EXTEND THE TERM OF SAID UCENSE
AGREEMENT BETWEEN CARLSBAD MUNICIPAL WATER DISTRICT AND
PACTEL (SUCCESSOR TO ADVANCED MOBILE PHONE SERVICES,
INC.) DATED JUNE 16, 1992, FOR AN ADDfTlONAL FIVE (5) YEARS
THROUGH JUNE 15.1999. CMWD PROJECT NO. 87-110
WHEREAS, the Board of Directors of the Cart&ad Municipal Water District of Carl&ad,
California, entered into an agreement in 1962 with a mobile telephone company called Advance Mobile
Phone Services, Inc. (AMPS). Thii agreement allowed AMPS to locate a mobile communications facility
at the Squires Dam site (Maerkle Reservoir); and
WHEREAS, the original agreement was for 2 years wlth AMPS having exclusive and
irrevocable right and option to renew according to the agreement, and these renewals were for 5 years
each at a set price until the year 2604, where a new price may be negotiated is agreement is renewed;
WHEREAS, in November 1993, the District was nctified that PacTel Mobile Access had
beenformedasa SUCCBSSOI to the interest of AMPS and had assumed the rights granted to AMPS under
the agreement, and on November 22,1993, PacTet had asked to exercise their option to extend the term
ofsaidUcenseAgreementforanadditionalfiveQyearsthroughJune15,1994;and
WHEREAS, in BccoTd811cB with Seah 1 Q of the License Agreement monthfy rent will
per month. lhii will reauit in an addiional annual increase of $3.360.
NOW, THEREFORE, BE lT RESOLVED by the Board of Directors d the Carl&ad Municipal
water llbwlct of cartsbad, California, as folfows:
1. mat the above recitations are true and correct.
2. ThatkrNovemberd1993,theDistridwasnotifiedthatPacTelMobileAccesshad
beenformedasa 8ucc858oc to the interest of AMPS and has assumed the rights granted to AMPS under
the agreement, and on November 22,1993, PacTei Cellular had asked to exercise their option to extend
the term of said License Agreement for an additional five (5) years through June 15,1999.
3. That in accordance with Section 1 Q of the License Agreement monthly rent will
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ba increased to nine hundred eighty dollars ($980) effective June 16,lQQ4, which is an increase of $280
per month This will resutt in an additional annual increase of $3,360.
4. ThatthestaSTrecommendsapptovalotanoptiontoextendthetermdsaid
License Agreement between Carlsbad Municipal Water Diirict and PacTel (successor to Advanced Mobile
Phone Sewii, Inc.) dated June 16,lQ82, for an additional five (5) years through June 15,lQQQ.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
WaterDistrictheldon 7th dayd JUNE , 19% by the following vote, to wit:
AYES: Board Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
Al-EST:
ALEfHA L RAUTENKRANZ, Secretary7
CMVVD 87-110
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