03.08 Small Cell Facilities Instatllation Agreement *���°�°�c* AGENDA ITEM
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�Q�..�, .�a September 11, 2018
6` oas.+�,••'�
�U�,;y cty
Reviewed/Verified By:
TO: Honorable Mayor and
Members of the City Council City Manager
Finance Dire tor
THRU• R1ck Otto To Be Presen ed By: Aaron Schulze
City Manager X Cons Calendar City Mgr Rpts
Council Reports Legal Affairs
FROM: AarOn SChulze, � Boards/Cmtes _ Public Hrgs
Senior Admimstrative Analyst Admin Reports Plan/Environ
1. SUBJECT
Master Encroachment Agreement (Agreement) between the City of Orange and New Cingular
Wireless PCS, LLC (AT&T) to install telecommunications network facilities within the public
right-of-way.
2. SUMMARY
It is proposed that the City Council approve an Agreement between the City of Orange and
AT&T to install up to thirty small telecommunications network facilities on City-owned
streetlight poles. The proposed Agreement provides for annual payments of$1,750 per facility.
3. RECOMMENDED ACTION
1. Approve Agreement between City of Orange and New Cingular Wireless PCS, LLC; and
2. Authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. '
4. FISCAL IMPACT
The proposed Agreement provides for an annual Attachment Fee of $1,750 per facility and
includes a provision for three percent annual increases.
5. STRATEGIC PLAN GOAL(S)
Be a fiscally healthy community
b. Analyze future fiscal needs and potential revenue opportunities.
d. Effectively manage and develop City assets.
ITEM 3 •� 1 9/11/18
6. GENERAL PLAN IMPLEMENTATION
Infrastructure Goal 4.0: Ensure adequate provision of electricity, natural gas, telephone and
data services and cable television.
Policy 4.1: Continue to work with dry utility service providers to ensure that the community's
current and future needs are met.
7. DISCUSSION and BACKGROUND
As demand for wireless data grows, the four major cell carriers are augmenting their traditional
cell towers with small cell facilities mounted on City streetlight poles. These small cell facilities
help expand network coverage and increase capacity. The proposed Master Encroachment
Agreement with AT&T has an annual attachment fee of $1,750, which is slightly lower than
other recent agreements. This lower attachment fee reflects AT&T's commitment to build
significantly more cell facilities as they work to address deficiencies in the AT&T network in the
City of Orange.
The proposed Master Encroachment Agreement allows AT&T to install twenty facilities on City-
owned streetlight poles once they have obtained individual permits for each site from the Public
Works Department. The Agreement also allows AT&T to add additional facilities, up to a total
of thirty, by amendment approved by the City Manager. Any facilities beyond thirty would
require a new Agreement and approval by the City Council.
The terms and conditions of the proposed Agreement include:
• Annual Attachment Fees of$1,750 per facility.
• Attachment Fee is subject to an annual increase of 3% starting in year two of the
Agreement.
• Agreement term is ten years with two five-year extensions.
8. ATTACHMENTS
• Master Encroachment Agreement between City of Orange and New Cingular Wireless
PCS, LLC
N:\STAFF REPORTS�2018\091118_AT&T Master Encroachment Ageement.doc
ITEM 2 9/11/18
MASTER LICENSE AGREEM'ENT
MASTER LICENSE AGREEMENT`BY AN�D BETWEEN THE CITY OF
ORANGE AND NEW CINGULAR WIRELESS PCS,LLC FOR THE
CONSTRUCTION,INSTALLATION,MAINTENANCE,AND
OPERATION OF TELECOMMUNICATIONS NETWORK FACILITIES
WITHIN THE,PUBLIC RIGHT-OF-V6�AY
This Master License Agreement for the Construction, Installation, Maintenance and
Operation of Telecommunications Network Facilities on City ProperCy Within the Public Right-
of-Way("Agreement")is entered into effective as of ,2018{"Effective Date")
between the CITY OF OR.ANGE,a municipal corporation organized and operating under the Iaws
of the Sta.te of California(the "City"}and New Cingular Wixeless PCS,LLC, a Delaware limited
liabiliTy company("Licensee"and together with City,the"Parties"and each,a"Party")..
NOW THEREFORE,the Parties do hereby agree to the following terms and conditions:
RECITALS
WHEREAS, Licensee is a limited liability company, duIy organized and existing und'er
the Iaws of the State of Delaware to provide teI'ecommunications services; and
WHEREAS, Licensee seeks the CiTy's permission to construct, install, and maintain a
comprehensive network of Telecommunications Network Facilities (as defined herein) on City
Property within the City's Public Right-of-Way (as defined herein)within the City;and
WHEREAS, City has the authority to regulate the terms and conditions for the use of the
Public Right-o£-Way €or the construction, iinstallation, maintenance, and operation of
Telecommunications Network Facilities by telecommunications providers through the issuance of
Licenses (as defined herein) and the. authority to impose permit and other fees on Licensee in
connection with its placement of Telecommunications Network Facilities on City Property in the
Public Right-of-Way;and
WHEREAS, the purpose of this Agreement is.to provide the general framework within
which Licensee will apply for necessary Licenses and install, move, and/or remove
Telecommunications Network Facilities on City Property Tocated within the Public Right-of-Way
within the corporate limits of the City.
NOW,THEREFORE, in consideration of the recitals and the mutual promises contained
herein, the Parties agree as follows:
DEFINITIONS
City—Means the Ciiy of Orange, a municipal corporation organized and operating under
the laws of the State of California, and includes the duiy elected or appointed officers, agents,
employees, and voIunteers of the City of Orange,individually or collectively.
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Telecommunications Networlc Facilities or Facilities — Means, without limitation,
antennas, radios, fibex optic cables, wires, lines, conduits, converters, splice boxes, cabinets,
handholes, manholes, vaults, drains, surface location mazkers, waveguides, poles, towers,.
conductors, ducts, amplifiers, appliances, ped'estals, or other associated equipment and related
hardware, appiu�Yenances, and facilities to:be used by Licensee to provide service or to be located
by Licensee on City Property in.any Public Right-of-Way of the City azzd used or be useful for the
transmission of Telecommunications Services — all as described in more detail in any and all
Licenses.
Laws — Means any order, certi�cate,.judicial decision, sta.tute, constitution, ordinance,
resolution,rule,tariff,adtninistrative order,or other requirement of any municipality,county,state,
federal, or other agency having j,oint or several junisdiction over the parties to this Agreement,in
effect either at the time of execution of this Agreement or at any time dvring the location of the
Faczlities in the Public Right-of-Way including, without limitation, any regulation or order of an
official entity or body (including the Federal Communication Commission ("PCC") or any
successoz agency. A zeference to"Laws" shai'T include,without limitation, any lawfuI provision
of the Orange Municipal'�Code("OMC") or any other City ordinance,resolution or regulation.
License — Means an individual site license, in substantially the same form as attached
hereto as Exhibit A, obtained by Licensee from the City pursuant to an applicarion filed in
accozdance with all applicable City procedures and requirements. The term does not inclnde
Licenses,agreements or other authorizations required to occupy City Property..
Lice�asee — Means the L'zcensee named in the Preamble and its lawful successors or
pernutted assigns.
Publie Right-of-Way—Means�the suz�ace,the air space above the surface, and�the.area
below the surface of the public streets, roads; sidewalks, lanes, courts, ways, alleys, boulevards,
and similaz places as the same now or may thereafter exist that are owned or controlled by the
Ciry,aze dedicated to the use of the general�public for street purposes,and axe under the jurisciictiom
of the City. This term shalt not include any property owned by any person or agency other than
the City,except as provided by applicabl'e Laws or pursuant to an agreement between the City and
any person. This term shall not include any City Propexty..
City Property—Means any City-owned buildings,infrastructure oz other property located
within the Public Right-of-Way, including, without limitation utility poles, traffic Iight poIes,
wires,fiber-optie strands; conduit and street light poles.
Telecommunications Services -- Means servicea that Licensee is authorized to offer
and/or provide through the Telecomrnunications Network Facilities.
1. Limitations and Restrictions of License.
1.1 Subject to the provisions of this Agreement and all applicable Laws, City hereby
allows Licensee and its employees, contractoss, subcontractors, agents, representatives and
permitted assigns to occupy and access City Property in the City's PubIic Right-of-Way for the
purpose of consiruction, installation, maintenarice, location, movement, operation, placement,
protection, reconstruction, reinstal�lation, rel'ocation; removal, repair and repl'acement of the
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Telecomm.unications Network Facilities on City Property as described and shown in any
applicable License,which by this reference is incorporated herein{the"Wozk"). Licensee hereby
certifies that the descriptions and drawings submitted to the City to obtain any and all Licenses aze
true,complete and accurate. This perinission granted'under this Agreement is not a permission to
do any Work except as described in applicable Licenses and is subject to all applicable City
grocedures and requirements, including but not limited to the requirement for prior review and
approval of the CiTy of each License, and the acceptance hereof shali evidence Licensee's
agreement to a11 applicable City procedures and requiremerrts, and the additional conditions
contained herein. Licensee shall be perrnitted to upgrade each instal'1'ation with newer teehnology,
however in no event shall there be any change to the physical dimensions or aesthetics of the
originally penmitted instal'lation. In the event of a contradicrion,conflict or inconsistency between
the teams.of the Agreement and any Lieense,the terms of the License shall govem the Work to be
performed under such License.
1.2 Licensee provides Telecommunications Services in California. The type of
services Licensee offers to its customers through Telecommunications Network Facilities in the
Public Right-of-Way undez this Agreement consists of wireless communications services whickz
aze permitted by Law. If Licensee is authorized to provide additional and/or alternative services.
without the use of any wireless communications service or component whatsoever within the
corporate limits of the City,Licensee shall give City as much advance written notice as practicable
of its intent to change the manner in which sezvice is pzovided by way of the Telecommunications
Network Facilities, and comply with alI applieable City procedures and requirements. Licensee
acknowledges that any expansion or changes in ine regulatory authority o�ver such serviees may,
if mandated by law,require Licensee to enter into a new Agreement consistent with all applicable
City procedures and'requirements regulating such services or the expansion�or change in services,
if such service changes fall' undez the lawful zegulation, jurisdiction, and authority of City in
accordance with Laws.
13 Licensee shall not comnzence any Work until�Licensee has first obtained'a License
to do so. License applications and accompanying fees must be submitted and pai.d, respectively,
in accordance with the provisions of City's policies,procedures,and rules. Licensee shall pay the
City the sum of ONE THOUSAN'D SEVEN� Hi1NDRED FIFTY DOLLARS and 00/IUO
($1,750.OQ) ("Attachment Fee") for each street light attachment per 1'oca.rion per year due and
payable on the date the applicable Telecommunication Network Facilities aze installed and
operational on City Property in the Publ'ic Right-of-Way and each anniversary thereafter;provided,,
however,that all Attachment Fees shall be reasonably prorated by the Parties for any period during
which the Facilities at a particular location are not in operation or the applicable License is
terminated for any reason. The Attachment Fees shaIl be delivered to flie City by mailing a check
to the following address: City of Orange,Attn:Accounts Receivable,300 East Chaprnan Avex�ue,.
Orange, CA 92866. Coznmencing on the$rst anniversary of tlne payment of the initial Attactzrnent
Fee, and on each anniversary thereafter, the annual Attachment Pees shal'I be increased by an
amount equal to ti�ree percent(3%) of the Attachment Fees in effect for the immediately previous
year. The foIlowing is a summary of the annual Attachment Fee per attachment by yeaz:
Year
1 $1,750.00
Z $1,802.50
3
3 $1,856.58
� $1,912.27
S $1,969.64
6 $2,028.73
7 $2,089.59
8 $2,I52.28
9 $2,216.85
10 $2,283.35
1.4 Licensee is hereby given notice of existing state law,Sec.4215 et seq.,Chapter 3.1,
Division 5, Tit�'e 1 of the Goverrunent Code, as amended by A.B. 73, effective January 1, 1990,
whieh requires owners of underground facilities to join a regional noti�fication center, e.g. USA
which requires contractors to contact such a regional notification center prior to excavation;
requires facility owners to mark their underground facilities when notified;and sets civil penalties
for failure to comply therewith. Prioz to construction, Licensee shall contact USA to verify the
location of existing underground facilities.
1.5 Except as permitted by applicable Laws or this Agreement,in the performance and
exercise of its rights and obligations under this Agreernent, Licensee shall not interfere in any
material manner with the existence and operation of any and all publ'ic and pri�vate rights-of-wa:y,
sanitary sewers, watez znains, storm drains, gas mains, pol'es, overhead and'underground electric
and telephone wires, streetlamps,traffic signal's, cable teIevision,and other telecommunications,
utility, and municipal property without the approval of the owner(s) of the affected property or
properties. ln addition, and notwithstanding the foregoing, Licensee may not, without prior
approval from the City, install any Faciliries underneath any CiTy sidewalk that runs parallel to a
curb.
1.6 This Agreement is not a grant by the City of any property interest but is made
subject and subordinate to the prior and continuing right of the City to use all the Public Right-of-
Way in tl�e performance of its duties, including, but not lirnited to, public ase as a street and for
the purpose of laying, installing, maintaining, repairing, pratecting, replacing, and removing
sanitary sewers, water mains, storm drains, gas mains,poles, overhead and' underground electric
and telephone wires, streetlamps, traff c signals, cabl'e television,and other utility and municipal
uses together with appurtenances thereof and with right of ingress and egress, along,over,across,
and in said Public Right-of-Way.
1.7 This Agreement is made subject to al} easements, restricEions, conditions,.
covenants,encumbrances,and claims of title wluch may affect the Public Right-of-Way which are
recorded in the public record or of which City noti�es Licensee in writing on or before the date of
this Agreement, and it is understood that Licensee;at its own cost and expense, sHa11 obtain such
permission as may be necessary and consistent with any other existing rights. Notwithstanding
the foregoing, no reference herein to a "Public Right-of-Way" shall be deemed to be a
representation or guarantee by City that its interest ox other rights to control the use of such
property is sufficient to License its use for such purposes, and Licensee shall be deemed to gain
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only those rights to use as are properly in City and as City may have the undisputed right and�
power to give.
1.8 The constzuction, installation, operation, maintenance, and removal of said
Telecommunications Network Facilities shalI be accomplished without cost or exgense to City
subject to reasonable approval of CiTy in such a manner as not to endanger personnel or property,
or unreasonably obstruct travel on any road,walk,or other access thereon within said Public Right-
of-Way.
1.9 If an existing City-owned standard gole has been replaced with a replacement pole
to accommodate Licensee's Telecoxnmunications Network Facilities, and such replacement pole
is damaged or destroyed and is no Ionger suitable to support Licensee's Telecommunication
Network Facilities, Licensee shall be responsible for the cost difference, if any,in replacing such
replacement pole. The cost difference shall be determined by subtracting the cost of the City's
standard pole from the cost of the replacernent pole, if the cost of the zeplacement pole is greater
than that.of the City's standard pole.
1.10 If Licensee's Telecornrnunications Network Facilities are installed on mioze than
ten (1'0) replacement poles, Licensee shall provide and deliver to the City one (1) additional
replacement pole (excluding mast arm) so that a replaceznent is immediately availabl'e to City in
case an existing replacement poie in use by Licensee is damaged or destroyed and is no longer
suitable to supgort Licensee's Telecornmunication Network Facilities.
1.11 The term of this Agreement shall commence as of the Effective Date, and sha1l
continue until the earlier of{a) ten (10) years (the "Term"}or(b) such time as the Ag�ceement is
terminated by either Party pursuant to the termination procedures set forth below in Section 7 of
this Agreement. Not less than thirty (30)�days pxior to the expiration of the Term (unless earlier
terminated pursuant to Section 7),either Party may provide written�notice seeking to re-negotiate
any provision of this Agreement or provide written notice to the other Party of non-renewal of the
Agreement. If the Parties are re-negofiating the Agreement in good fai�th but cannot come to
agreement prior to expiration of the Term,the Agreement shall expire on its own terms unless the
Parties agree in wz'iting to extend the Agreement as currently executed'�for an�additional maximum
period of one hundred eighty (180)�days (the "Status Quo Extended Term"). If negotiations are
not concluded and the Parties d'o not come to terms on a new agreement by the expiration of the
Status Quo Extended Teznn,the Agreement shal'1 expire and be terminated by its own terms. If the
Parties come to terms on a new agreement prior to expiration of the Status Quo Extended Term,
but the City is unable to obtain Cily Council approval prior to such expiration, the Status Quo
Extended Term shall be extended to the date of City Council action on the new agreement, after
which�date, if City Council has approved the new agreement,it shall become effective. If neither
Pariy provides written notice seeking to re-negotiate the Agreement or seeking non-renewal prior
to the expiration of the Term pursuant to the terms of this Section,the Term of the Agreement shall
automatically be extended foz two additionai periods of five(5)years each,arid alI other provisions
of this Agreement shall remain intact. .
1.12 Should the Parties agree, after the Effective Date of this Agreement, to allow the
installation of additional� facilities to the Work described' herein, any charnges shall be
memorialized iun the form of an annendment to this Agreement. The City Mauager is hereby
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authorized on behalf of the City to approve and execute amendments to this Agreement reflecting
the additional installation of no moze than 34 facilities. The installation of facilities in excess of
that amount shall require the approval and authorization of the City Council.
2. No Interests in Citv Property or Public Right-of-Way.
2.1 No Right,Title or Interest. The permission granted hereunder shaIl not in any event
cozistitute an easement on or an encumbrance against Ciry Property or against the Public Right-of-
Way. No right, title or interest (including franchise interest) in the Public Right-of- Way, or any
part thereof, shall vest or accrue in Licensee by reason of this Agreement or the issuance of any
License or exercise of any privilege given thereby.
2.2 Possessory Interest. The Parties�agree that no possessory interest is,created by this
Agreement. However,to the extent that a possessory interest is deemed created by a govemmental
entity with taxation authoriiy, Licensee acknowledges that CiTy has given to Licensee notice
pursuant to Califomia Revenue and Taxation Code Section 207.6 that the use or occupancy of any
public property pursuant to this Agreement may create a possessory interest which may be subject
to the payment of property taxes levied upon such interest. Licensee shall be solely liable for, and
shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes
levied against Licensee's zighfi to possession,occupancy,or use of any public properhy pursuant to
any right of possession, occupancy,or use created by this Agreement.
3. Compliance with All Laws.
Licensee shalI comply with al'1 applicable Laws and all other applica6le City procedures
and requiremenis at all times. No repair or construction shall be performed exeept in accordance
with all applicable City proced'ures and requirements, to the extent they are not in conflict with
any paramount authority of the State or Federal Government..
4. Reservation of Rishts.
The CiTy's agreemenf hereto is not a waiver of and is without prejudice to any riglit City
may have under law to reguiate, tax or impose fees or charges on Licensee (including, but not
limited to fees or chazges £or attaching Faciiities to City Property—whether snch is in the Public
Right-of-Way or not—and using City-generated power)or any right Licensee may have under the
law to provide services through the Telecommunications Netwozk Facilities pursuant to state or
federa�l laws, rules or regulations, including but not limited to Pablic Urilities Code sections 7901
and 7901.1,Government Code section 65964.1 and section 253{c)of the Telecommunications Act
of 1996. Licensee shall be subj;ect to any taxes;fees or charges that the City lawfully imposes on
the Telecommuriications Network Facilzties and Telecommunications Services in the future.
Nothing herein shatl affect in any way City's power or right to impose or collect any tax or fee on
users or providers of the services to be provid'ed'�by Licensee. Nothing herein is.intended'to impose
regulations or conditions on Licensee that City is preempted from imposing by state or federal
laws.
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5. Work Stamdards: Reaairs.
5.1 The Work shalI be done in a good and skililful�manner, subject to the supervision
and reasonable satisfaction of City. Licensee's representative shall be physically present at any
construction site at all times that construction or excavation is being conducted under this
Agreernent. Licensee's Work shall! comply with al'1 standards imposed' by CiTy law and be
conducted with the least possible hindrance or interference to the Public Right-of Way and City
� Pzoperly.
5.2 Licensee shal'1 be responsible for any damage to City street pavements, existing.
utilities, curbs, gutters, sidewalks or to any private property or improvements, including but not
limited to subsidence, cracking, erosion, collapse, weakening, or loss of Iateral support, to the
extent caused by its installation, maintenance, repair or removal of its Telecommunicarions
Network Facilities in Public Right-of-Way under this Agreement and shall repair, replace and
restore in kind any such dama�;ed facilities at its sole expense and to the reasonable satisfaetion of
City.
5.3 If Public Right-of-Way to 6e used by Licensee has preexisting installation(s)placed
in said Right-of-Way, Licensee shall assume the responsibility to verify the location of the
preexisting installation and' notify City and'� any third' party vf Licensee's proposed installation.
The zeasonable cost of any work required of such third party or City to provid'e adequate space or
required cleazance to accomrnodate Licensee's install'ation�shatl'be bome soiely 6y Licensee..
5.4 Licensee shal'1 be responsible for ensuring that the Work of employees,contractors,
subcontractors, agents, representatives and penmitted assigns is performed consistent with this
Agreement and applicabTe Laws, and shall be responsible for all acts or omissions of such third
garties including responsibility for promptly conecting acts or omissions. This section is not
meant to alter tort liabiIity of Licensee to th'trd parties.
6. Removal.Relocation and Abandonment.
6.1 Subject to the provisions of this Section 6, Licensee shall at its sole expense and
without cost or expense to City, properIy remove, relocate and/or abandon (in accordance with
Section 6.6) any or a11 of the Telecommunications Network Pacilities installed, used, and
maintained under this Agreement if and when such Facil'ities may be deemed by City to be
detrimental to the public health, safety, or welfare; aze in conflict vertically and/or horizontally
with any proposed City instal'lation; interfere with any City construction proj,ect; or must be
removed, relocated and/or abandoned due to any abandonment, chauge of grade, alignment or
width of any street, sidewalk or other publ'ia facility by the City or other public agency,.i�ncluding.
the construction, maintenance, or operation of any other CiTy underground or aboveground
facilities including but not lirnited'to any sewer, storm drain,conduits, streetlamps,tr�c signal's,
gas, water, electric or other utility sys#em, or pipes owned by City or any other public agency;
provided,however,that Licensee shall not be zequired to bear the expense of a removal,relocation
or abandonment requested under this Section 6.1 on behalf of,or for the benefit of,any fihird parhy
unaffiliated with either Party.
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62 If Licensee is required to remove,relocate or abandon(in accordance with Section
6.6) its Facilities pursuamt to Section 6.1, City sha1�T reasonably cooperate with Licensee to
determine a mutually acceptable 1'ocation�on Public Right-of Way where Licensee may rel'ocate
said Facili�ies. In the event Licensee rel'ocates the Facilities to a new Iocation as set forth in this
Section 6.2, the terms of this Agreement will'apply to the Work at the relocated Facilities unless
the Parties agree otherwise. Licensee will be xequired to apply for a new license to conduct Work
to relocaxe and re-install Facilities in the new location,the approval of which license shall not be
unreasonably withheld. If the rernoval or rel'ocation is caused by the City, then any license fees
associated with such application shall be waived..
6.3 If Licensee is required to remove, relocate or abandon its FaciTities pursuant to
Section 6.1, such removal, relocation or abandonment (in accordance with Section 6.6) shall be
completed within one hundred eight (180) days of written notice delivezed by City unl'esa
exigencies dictate a shorter period'for removal', relocation and/or abandonment, and�such shorter
period is stated in the written request(the "RRA Notice Period"). The RRA Notice Period shall
be no less than thiriy (30)days, subject to permitting and agency approvals.
6.4 If removal�or relocation cannot reasonably be accomplished within the RRA Notice
Period or the Parties agree in writing to a period longer than the RR.A Notice Period;then�Licensee
shall commence such removal or relocation within the RRA Notice Period and thereafter continue
#he sazne diligently until complebion thereof.
6.5 If Licensee has not complied with such written request for removal, reiocation or
abandonment within the RR.A Notice Period or executed a written agreement to extend the RRA
Notice Period within the RRA Notice Period,then,on the first business day immediately following
the last day of the RRA Notice Period,Ciiy may cause the removal,relocation or abandoning work
to be done at Licensee's sole cost and expense and, in the case of reIocation, may use its sole
discrefion to determine a new location for the Facilities. Under such circumstances, City shall
only be obligated to perform such work in a manner consistent with the standard practices of City
in performing street woxk and construction. City shall not be obligated to repair oz zeplace any
materiaIs or improvements in a form or mannerconsistent with any agplicable Lieense or any plans
and specifications submitted by Licensee, and City sha1�P not be responsibl'e for any damages
whatsoever to Licensee as a result of City performing such work, unless City performs such work
in a grossly negligent or reckless manner.
6.6 If any portions of the Facilities covered under this Agreement are no longez� used
by Licensee, or aze aband'omed for a period in excess of one {I) yeaar, Licensee shall' norify City
and shall either promptly vacate and remove the Facilities at its own exgense or, with City's
permission, may abandon some or all the Facilities in place. After such non-operation, removal
or abandonment, Licensee shall have no further oblzgations to the City(including the payrnent of
any Attachment Fees)and no further rights to the Facilities. Under such circurnstances, Licensee -
shall cooperate in good faith to execute any documents necessary to convey title to the Facili�ies
to the City.
6.7 In the event Licensee removes, relocates or abandons its Facilities or any portion
thereof, it shall'be so completed consistent with all appl�icable City procedures.and zequirements.
Should Licensee remove the Facilities from the Public Right-of-Way, Licensee shall', within�ten
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(10) days after such removal, give notice thereof to City specifying the Public Right-of-Way
affected'and the location thereof as well as the date of removal. Before proceeding with removal
or zelocation work, Licensee shall obtain a license fiom the City and pay applicable permitting,
plan check, and inspection fees.
7. Termination.Default and Remedies. .
7.1 Licensee may terminate any or all Licenses at any tirne for cause or for no�cause at
all,and the City may ternninate any and all Licenses forcause on1y,by delivering thirty(30)�days'
written notice of said termination to the other Party. Such termination by Licensee shall not.relieve
it of any obligation to the Ciiy regarding any existing breach of any License or this Agzeement at
the time of such termination.
7.2 Within one hundred twenty (120) days aftez such termination�, Licensee shall
remove its Facilities from the.Public Right-of Way and repair and restore such Rigb�t-of-Way to
ameliorate all effects caused by such removal, except that Licensee shall not be responsible for
damage resulting from norrnal wear and tear,acts of God,and na.tural disasters. Notwithstanding
such tezmination, Licensee's obligations under the following sections of this Agreement sha1I
survive the tersnination of this Agreement: Sections 3, 5.3, 6.7,and 7.8.
7.3 In the event that Lieensee fails to use the Public Right-of Way under this
Agreement and at�ty License for a consecutive period of one {1) yeaz frozx� the Effective Date,
regazdless of whefiher such Facilities have been installed, the City may notify Licensee in wz7iting
of its intent to terminate the Agreement and any License due to abandonment. If Licensee does
not respond to said notice within sixty(60) days of delivery, the City shall� have the right, at its
sole discretion,to declaze this Agreement and any License terminated'by aband'onment.
7.4 In the event Licensee defaults,os fails to keep,fulfilI or perform any of the rnaterial
terms or canditions of this Agreement or any License and'faiTs to rernedy such d'efault within�forty
five (45) days after delivery of written notice frorn the City of such defaUlt or faiIure, or;i�f such
cure cannot reasouably be completed within said forty fi�e(45)days,Licensee fails to commence
such cure and thereafter diligently continue Eo cure the default until completion.thereof, the City
may provide written notice of termination of this Agreement and any and all Licenses. Ugon such
tezmination, this Agreement and any and all' Licenses shall be canceIl'ed, and al'1 of the rights and
privileges of Licensee under the Agreement and any Lieense sha11 be deemed surrendered..
7.5 Notwithstanding the norice and cure periods set forth in Sections 6.3, 6.6, 7.3 and
7.4, in the event that the City finds that the Teleeommunications Network System poses an
imminent threa.t to the public heaith,welfare and sa�fety,the City shalI so notify Licensee in writing
and may,without providing Licensee.an opporhuiity to cure,take immediate steps to mitigate the
threat, incIuding but not limited'to removal' and relocation of the Facilities, the reasona6le and
documented cost of such work to be borne sol'ely by Licensee. The Parties agree to attempt in
good faith to work cooperatively with one another to neutraIize and mitigate any threat to public
health, welfare and safeiy caused�by or exacezbated by the Facilities.
7.6 Failure on the part of any Party to comply with the terms and conditions of this
Agreement, including but withoufi lirnitation Licensee's representation that it is authonized to
9
provide telecommunications services, shall constitute a default and material breach of this
Agreement. Each Party shall be entitled to exercise a11 rights and rernedies in the.event of a breach,
includimg, in the case of a default and material� breach by Licensee, the City's,right, at its sole
discrerion, to withhold issuance of any new Licenses and/ot comrnence administrative
enfozcement proceedings against Licensee pursuant to alI applicable laws.
7.7 Upon termination for any reason, the City may require Licensee to remove the
Facilities and restore the Public Riglit-of-Way and City Property at its sole cost and according to
the requirements of the License and the OMC. Under such circumstances,section 6.5 sha11 apply.
If,within ninety(90)days of termination,the Licensee does not remove the Facilities pursuant to
section 7.2,the Facilities shall be deemed conveyed to the City and Licensee shall have no further
obligation to remove,relocate, or maintain the Facilities and no further right to control or use the
Facilities. Upon the Facilities being deemed so conveyed to the City, Licensee sha1I' take alI
necessary steps, including but not lirnited to executing any necessary documents, to transfer
ownership of the Facilities to the City.
7.8 Upon expiration or termination for any reason,Licensee shall'remain liable for any
amount due under the Agreement, which obl'�igation to pay shall survive any termination of tPus
Agreement;provided,however,the obligation of Licensee to pay Attaclzment Fees shall termina.te
(and such fees shall 6e proraxed in accordance with Section 1.3 above) upon such termination.
Anything herein to the contrary notwithstanding, the provisions of the Agreement relating to
indeznnification and any other provisions� which by their nature should survive termination or
expiration of this Agreement,shaI'1 so survive.
8. Performance Bond.
S.1 Prior to issuance of the fizst License after the Effective Date, Licensee shaIl file
with and shall thereafter at al'l'times dwring the remaining term of this Agreement and any and aIl
Licenses keep on fiie with the City a performance bond,in a form that shall be reasonably approved
by the City and wader any and all circumstances in compIiance with California Code of Civil
Procedure Section 995.660(a),as it may be amended from time to time;naming the City as obligee
in an amaunt equal to approximately one hundred percent (100%) of the total cost of removal of
the Facilities,including but not limited to those Facilities already installed under the prior Licenses
and any pending Licenses (as reasonably approved by tk�e CiTy and as may be increased or
decreased from time to time with appzoval of the City,the "Bond"), to guarantee and assure the
faitiiful performance of Licensee's o6ligations wnder this Agreernent. Prior to the issuance of
every subsequent License,Licensee shall,after consultation with City,increase the amount of the
Bond by approximately one hundred percent (100%} of the tataI cost of removal of any added
Facilities. The City shall!have the right to draw against the Bond,only in the event of a default by
Licensee that results in�an unauthorized abandonrnent of the Facilities; provided�that Licensee is
first given written notice of any intent to draw against the Bond and an opportunity to cure, and
only to the extent of the actval cost of removal� of any Facitities that aze abandoned by Licensee
without the City's permission or othezwise not in accordance with Sections 6.5 and 6.6. Upon
such withdrawal from the Bond,the City shall provide notice to Licensee of the amount withdrawn
and the date thereof. Thirty {30) days after the CiTy's delivery of notice of the Bond withdrawal
authorized hezein, Licensee sha11 deposit such further bond, or other securiTy, as the City may
require,which is sufficient to meet the requirements of this Agreement. Any portion of the Bond
10
that is not drawn upon by the City as reirnbursement for actual costs of removal of the Facilities
shaIl be released and refund'ed to Licensee upon written notice by the City to the surety and
Licensee.
8,2 T�e Bond shall be accompanied by a power of attomey from the surety company
authorizing the person executing the Bond to sign on behalf of the Licensee. If the Bond is
executed outside the State of California, al�l copies of the Bond must be countersigned by a
Califomia representative of#he sureTy. The signature of the Licensee's representative executing
the Bond shall be acknowledged by a Notary Public as the signature of the person designated in
the power of attorney.
9. Hold Harmless and Indemnificatiou.
9.1 Licensee, for itself, its agents,contractors and employees, shaIl defend,indemnify
and hold hanmless the City, its duly elected and appointed officers, agents, employees; and
repzesentatives from and against any and all suits and causes of actiom,claims,charges;damages,
demands,j;ndgments,fines, costs and expenses including without limitation reasonable attomeys'
fees,and penalties or losses of any kind or nature whatsoever, caused by Licensee's breach of this
Agreement and any License, except to the extent arising fram the City's or its officers', agents',
employees' oz zepresentatives' negligence,wi�l'l�ful�misconduct ox criminaI act.
9.2 This indernnificarion shalI include without limitation: (1) claims for injury to or
death of any person; (2)property damage; (3) performance or failure to perform the obligations
under this Agreernent and any License by Licensee, or its contrac#ors, subcontractors, agents,
employees, or other persons acting on Licensee's behalf; (4)the design,placement,maintenance,
repair, or condition af the Facilities; (5) a.11 claims, demands, damage, causes of action,
proceedings, loss, liability,,costs and expenses,(incIuding reasonable attomeys' fees) of any kind
alleging injury to or death of persons or damage to public or private property zncluding
environmental damage that arises from or is directly aitributable to,:the Facilities or any reIease,
remediation, and/or clean-up costs caused 6y any release of hazardous materials or con minan�g
frorn the Facilities during operations and/or after abandonment; and (6) all' other claims of any
nature whatsoever which may be caused'by the Work,except and to the extent caused by the City's
negligence, willful misconduct or crimina}acts.
9.3 In the event that the City or any of its duly elected or appointed' officers, agents,
employees or representatives sha1l� be made a party to any action due to Licensee's violation of
this Agreement or any License or any federal�, state or local laws including but not limited to
Sectzon 4 of this Agreement, Liceusee shal1 indemnify, defend (with legal�counsel acceptabl'e to
City)and hold the City harmless from any and'a1�I sucfi claims.
9.4 Licensee, for itself and its successors and assigns, hereby waives all elaims and
causes of acrion, whether now existing or hereafter arising, against the City or its duly elected or
appointed officers, agents, or employees, for damages, physicaI or otherwise, to any of the
Facilities covered by this Agreement from any cause whatsoever.
1I
9.5 The provisions of this Section�9 shaIl apply regar�'ess of whetfier the Ciry prepared',
supplied, or approved pTans or specifications or inspected any of the Work or improvernents
installed and constzucted�pursuant to this Agreement and'any License.
10. Limits of Citv Liabilitv.
10.1 In no event shall the City be liable under any theory to Licensee for any damage to
the Pacilities caused by any excavation or work performed'by any other persons or by City at or
near the location of the Facilities. N'either Party shalT be'Iiable, under any theory, to the other
Party,for any indizect,special punitive or consequential�d'amages:xncluding,.but not limited to,any
claim for loss of services, l'ost revenue or profits or third'-party damages whether in contract,tort,.
or otherwise,even if the Party was or shoul'd have been aware of the possibiIity o�f these damages,
whether under theory of eontract,tort(includi�ng negligence)„strict Iiabili�ty, or otlierwise.
10.2 N'othing in this Agreement shall' be deemed'� to make the City or any o�cer or
employee of the CiTy responsible or liable to Licensee or any other person by zeason of the CiTy's
approval of pl'ans for the Work or by reasom of any inspeetions of the Facilities conducted by the
City,except and to the extent caused!by the City's negIigence,willful misconduct or criminal aets.
11. Insurance.
11.1 Licensee shall assume all responsibility for damages to property or injuries to
persons,including accidental death,which xnay arise£rom or be caused by Licensee's performance
under this Agreement and any License,or by anyone Licensee has direetly or indirectly employed,
and whether such darnage or inj,ury shall aecrue or be discovered before or after termination of this
Agreernent and License.
11.2 Prior to the issuance of any Lieense,Licensee shal'l be required to;secUre and keep
in full force and effect at aIl'tirnes during.the term of:this Agreement and any License,a policy or
polieies of commereial general' liabi�liTy, automobile liability insurance and such otlier insurance
as the City may from time to time requize, written by a eompany or companies authozized to d'o
business within the State of California and!appraved by the City,which reasonable approval may
not be witlaheld'. S'aid pol'icies shall name the City of Orange,its duIy el'ected'or appointed officers,
agents, and ernployees as additional insureds, undez the policies in the following amounts which
may be adjusted from time to tune to reflect ehanges of circumstances and the rate of inflation:
(a) Commercial General Liability Insurance in an amount of One Million
Dollars ($1,U00,000) per occurrence combined single limit covering bodily injuries; including
accidental deatb,to any one or more persons;and property damage insurance(insuri�ng damage to
rented premises)in the amount of One Million Dollars($1,OQ0,000);and'
(b) Automobile Liability Insurance endorsed for all owned arxd non-owned
vehicles with a combined simgle limit of at 1'east One MiT�lion Dollars($T,OOO,OUO)per occurtence
for personal injuries, including accidental death, to any one or more persons; and for property
dam.age.
11.3 Claims mad'e policies are not aeceptabl'e. When,an umbrella or excess coverage is
in effect,it must follow the form of the underlying coverage:
12
11_4 All policies shall contain a "Severability of Interest" cl'ause and a "Pzxrnary
Coverage" clause for any loss arising from or caused in whole by Licensee's per€ormance under
this Agreement and any License. In addition,all golicies shall contain a statement of obligation
on the carrier's part to notify the City at least thirty(30)d'ays in ad�vance of any policy cancellation
by the insurer excegt for non-payment of premium�,of coverage.
� 11.5 Prior to the issuance of any License and'on an�annual basis, Licensee shalT. 'furnish
the City with a"certificate of i�nsurance"and an"additiona]insured endorsement,"botli documems
eountersigned'� by the insurance carzier or its authorized revresentati�ve. The eountersigned
certif cate or end'orsements(to the extent applicable),.shall'�
(a) Contain the fol�lowing.information.:
(i) Pol�icy number;
(ii) Name.of insurance company;
{iii) Name; address and' teiephone number of the agent or authorized
representative;
(iv) Narne and address and tel'ephone number of insured
(v) Project name and'address
(vi)� Policy expiration�date; and�
(vii) Specific coverage amounts;and
(b) Include that The City of Orange; its duly eTected or appointed' offcers,
agents, and employees are named'as�additionat'.insureds under the pol'icies required herein. This
insurance is priznary to the coverage of the City. Neifiher the City nor any of its insurers shall be
required to contribute to any loss. The golicies required herein contain a severabiTity of interest
clause. The issuing company shall deliver to the City thirty(30)days' advan�eed written notice of
any policy cancellation,termiiaation,or reduction in the amount of coverage.
LICENSEE SHALL FURNISH THE REQU�IRED CERTIFTCATE(S) OF INSURANCE
AND ENDORSEMENTfSI BEFORE THE CITY ISSUES THE FIRST' LICENSE AND
EXECUTES THIS AGREEMENT..
11.6 Licensee shali'.secure and'maintai�n�at ail'ti�mes during.the term oft3iis Agreement
workers' compensativn and'empToyer's.liabili�ty insurance,as req,uired�by state law,but at Ieast in
an,amount not Iess than One Million Doll'ars�($1�,00O,OOU)per accident. Licensee shall furnish.the
City with a certificate showing proof of sueh�eoverage.
11.7 In the event Licensee employs conlractors or subcontractors as part of the Work
covered'by this Agreement,it shall'�be the responsibility of Licensee to ensure that al�l contractors
or subcontractors comply with substantial�ly siznilar iiisurance requirements that are sta.ted in.this
Agreement;provided,however,that onder no circumstances shal�l any contractor or subcontractor
13
have insurance poTicies with limits less than tliose required of Licensee under Sections. I1'.2(a);
11.2{b) and 11.6.
11.8 Notwithstanding, the forgoing, Licensee shal'I have the right to� seTf-insure the
coverages required in tlus section.
12. General Conditions.
12.1 Any right or power conferred, or duty imposed' upon� any officer; employee,
depariment or commission Qf the City,shall be su6ject to transfer by operation of law to any other
officer,employee,department or cornmission�of the City.
12.2 Licensee agrees to keep its Telecommunications Network Facilities, reasanably
related City-owned facilities, incIuding streets, and the Pnblic Rig�t-of-Way in good and safe
condition and free from any nuisance or defect,.to�the reasonable satasfacrion of the City.
12.3 The permission provided under this Agreement and an�y License is non-exclusive.
The gran#of any License or any of the terrns or conditions contained'herein shall not be construed
to prevent the City from granting,similar Licenses and�/or lieenses or any identical,simiiar or other
type of license or firanchise to use the Fublic Right-of-Way to�any person,firm or corporation othez
than Licensee.
12.4 This Agreeznent and any License are not intended for any third pariy's benefit and
cannot be enforced by any third�party.
12_5 This Agreement and any and all Licenses shall be governed by the Taws of the State
of CaTifornia,without regard to its conflict oflaws principles.
12.6 This Agreernent and any and all Licenses issued to Licensee contain the entire
understanding between the Parties with respect to the subject matter herein. Thexe are no
representa.tions, agreements or understanding (whether ozaI or written) between or among, the
Parties relating to the sub,ject matter of this Agreernent that are not fully expressed herein. This
Agreement may not be amended except pursuant to a wzitten instrument signed'by all Parties.
12.7 No provision herein made for the purpose of securing performance of the terms,and
conditions of this Agreement and any License sha11 be deemed an exclusive remedy,.vr to afford
the exclusive procedure £or the enforcement of the Agreement's oz any License's terms and
conditions,but the remedies and procedures herein provid'ed,in addition to�those provided'by law,.
shall be deemed to 6e cumulative_
12.8 No rights and duties, under this Agreement or any License shall be assigned or
delegated by Licensee without the prior written approval of the CiTy,which approval shali not be
unreasonably withheld. Notwithstanding any provision in this Agreement to the contrary,
Licensee sha1T have the right to assign this Agreement without the City's consent to any parent,
subsidiary, affiliate, or any person, firm, or corporation that shal'1 conirol,be under the controT of,
or be under common control with Licensee, or to ariy entity into wliach Licensee may be merged
or consoIidated oz which purchases al.I or substantial'ly all'�of the assets of Licensee that are subject
to this Agreeinent,provided,however,that in the event of such assignment,Licensee shal'1 provide
14
within thirty (30) days of such assignment(a) written notice to the City, specifically identifyi�ng
(i) the name of the assignee;:(ii) its corporate form (e.g., corporation, limited'liability comgany,
etc.); (iii) its p�ace of incorporation or organization;{iv) its identification number; {v) the name,
title, address,telephone nurnber and e-mail address of the appropriate person for notice purposes
if different from that set forth in Section below�and(vi) tlae assignee's reIaUonship to Licensee;
(b) a copy of the assignee's License; and {c): a copy of any document memozializing, such
assignment. TIae Parties agree and aclmowled'ge that,notwithstanding anything in this Agreement
to the contrary, certain Facilities deployed by Licensee in the Public Rights-of-Way pursuant to
this Agreement rnay be owned and/or operated by Licensee's third-party vuireless carriez cnstomers
("Carriers") and instalIed and rnaintained by Licensee pursuant.to license agreements, between
Licensee and such Carriers. S'uch FaciTities shal'�l'be ireated�as Licensee's FaciIities,for all�purposes
under this Agreement provided that(i)Licensee remains responsible and liable for aII performance
obligations under the Agreement with respect to such Facilities; (i�i)� Licensee's sole point of
contact regarding such Facilities shall be Licensee;and(iii)�Licensee shall'have the right to remove _
and relocate the Facilities..
12.9 A waiver by the Czty of any breach of any term, covenant, or condition contained'
in this Agreement and any License shail'not be d'eemed�to be a waiver of any subsequent bzeach
of the same or any other term, covenant, or condition contained in this Agreement or any other
License whether of the same or different eharaeter.
12.10 If any action at law or in equity is brought to enforce oz inte�cpzet the terms of this
Agreeznent ar of any License, the prevailing parhy sha11� be entitled to reasonable attorney's fees,
costs, and necessary disbursements in addition to any other relief to which sueh parry may be
entitled.
12.1 l If any one or more of the covenants or agreements or portions thereof provided�zn
this Agreement or any License shalll be held by a court of competent jiurisdiction in a final�j;udicial
action to be void, voidabl'e, or unenforceable, such covenant or covenants,. such agreement or
agreements; or such portions�tliereo�f�shal'I'be nul�l� and'�voi�d and shal��l, lie�deemed�separabl'e�froin�
the zemaining covenants or agreements,or portions thereof and�shall'�in no way affect the vaIid�ity
or enforceabitity of the remaini�ng portions of this Agreement or of any Lzcense.
12.12 A11 notices herein must be in writing and�, unless otherwise provided herein, shal'1�
be deemed validly given on the date either personal�ly d'el�ivered to the address.indicated'below,or
on the date of receipt i�£ delivered' by commercial express carrier (e.g., FedEx, DHL, etc.)� as
confirmed by signature of the receiving Party,or on the third(3rd)business day followzng deposit,
postage pzepaid, using certified mail,.retum receipt requested; in any U.S. Postal mailbox or at
any U!.S. Fost Office. Should the City ar Licensee have a change of ad'dress,the other Party sfiall
immediately be notified in�writing of such change,provided,however,that each address fornotice
must include a street address and not merely a post office box. All notices,dernands or requests
between the Parties sha1T be given to the other I'arty addzessed�as foIlows:
City: City of Orange
FubTie Works Director/City Engineer
300 East Chapman Avenue
Orange, CA 92866
1'S
Licensee: New Cingulaz Wireless PCS,LLC
Attn:Network Real Estate Administration
Re::Master License Agreennent—City of Orange, CA
575 Morosgo Drive NE
Atlanta, GA 3U324
With a copy to:
New Cingular Wireless PCS,LLC
Re: Mastez License Agreement—City of Orange, CA
AT'&T Legal'Deparbment—Network
208 S.Akard Street
Dallas, TX 75202'-4206
12.13 In case of an emergency due to interference or any unforeseen events,the City will
act to protect the public heaTth and�safety of its eitizens,and to protect public and private property,
notwithstanding any provision in this Agreement. The City will make every reasonable effort to
coordinate its emergency response with Licensee. To that end, the City will use the following
emergency contacts,which may be updated upon�notice to the City:Licensee's network operations
center may be reached 24/7 at(800) 832-6662.
12.14 If any Laws(including,but not limited to,.those issued�by the FCC or its suecessor
agency) and any binding judicial interpretations thereof that govem any aspect of the riglrts or
obligations of the Parties under this Agreement shall cliange after the Effective Date and snch
change makes any aspect of such rights or obligations inconsistent with the then-effective Laws,
then the Parties agree to promptly amend the Agreement as reasonably required to accommodate
and/or ensure compliance with any such legal'or regulatory change.
[Signatuxes Begin on Next Page)
16
IN WITNES S WHEREOF,the Parties have signed this Agreement as of the Effective Date
stated in the introductory cTause.
City of Orange,a municipal corporation New Cingular Wireless PCS,LLC, a
organized and operating under the 1'aws of the Delawaze limited liability company
State of California
By:AT&T Mobilaty Corporation
gy; Its: Manager
Teresa E. Smith,Mayor
ATTEST
By:
Name: James Sticlrney
Mary E.Murphy, City Cl'erk Title: Director—Construction&Engineering
APPROVED AS TO FORM:
Gary A. Sheatz, Sr. Assistant City Attorney
17
ACKNOWLEDGMENT
A notary public or other officer completing this
certchcate verifies onfy the identity of the indi�iduai
who signed'the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valid' of that document.
State of California
County of Orange p
�� August 6, 20i8 before me, ���lia Sifuentes - Notary Fublic
(insert name and title of the officer)
personally appeared �ames Sfickney
who proved'to rne on the basis of satisfactory evidence to be the pecson�whose name�,e'j is/�
subscribed to fhe within instrument and acknowledged to me that he/,�/tly�r executed�the same in
his�/�r authorized capacity{i�s'y, and that by his/t}e�r/tfyat'r signature�on the instrument the
person�'j, or the entity upon behalf of which the person�acted, executed'the instrument.
I certify under PENALTY OF FERJURY undee the laws of the State of California that the foregoing
pacagraph is true and correct.
CECIUA SIFUEN7ES
WITf�fESS my hand and official seal, Notary Public• Califomia
Q � cs Los Angeles County Z
z '• 6ommisslon#2t5Z447 �
� � M Comm.Expires,Ma 8,2020
Signature � (Seal)
EXHIBI.T A TO MASTER LICENSE AGREEMENT
BY AND SETWEEN THE
CITY OF ORANGE AND NEW CINGULAR WIRELESS PCS.LLC
SITE LICENSE.
This Site License is made effective on the 1'atest date in the signature block below, by and
between the City of Orange("City")and'New Cingular Wireless PCS,LLC("Lieensee"}.
1. Master Subticense Agreement. This Site Liceuse is referenced in that certain Master
License Agreement between City and Licensee("AQreement").Al'1 of the terrns and eonditions of
the Agreement are incorporated herein by reference and rnade a parE hereo£ In the event of a
conflict between the terrns of the Agreement and this Site License,tlie terms of this Site License
shalI govern.
2. Citv Propertv. City hereby licenses to Licensee certain spaces on and within the City
Property as shown on the drawings attached hereto as Exhibit A-1 attached hereto and made a part
hereof. The site location is:
City Pole Number:
Licensee Site ID:
Address of adj,acent property:
3. Attachment Fee Commencement Date. The AttaeHment Fee coznmencement.date shall
be on the date Licensee's N'etwork Facili�ties are instaIled and�operational on Cify Properhy as set
forth in Section 13 of the Agreement. The parties wi1T confinrn the term Attachment Fee
commencement date in writing through�a fee commencement Ietter sent by I,icensee to City.
4. Term Commencement Date. The Ternn�commencement date for this Site License shal'I
be on the date Licensee's Network Facilifies are installed and operational on City Property and
shall continue foz a full ten-year term thereafter. If the Term of the Master License Agreement
terminates prior to the exgiration of the ternn of this Site License,the terms and conditions.of the
Master License Agreernent shall continue in ful'1 force and effect for this Site License only until
the end of the term of this Site License.
5. Site Specific Terms; (Include an�y site-specific#erms)
18
EXHIBIT A-1 TO SITE LICENSE
[Subsequent to finalization of the contract, a copy will be kept on file with
the City Clerk's Office.]
.
19
Candidate Candidate
Latitude Decimai Longitude Decimal
AT&T Site ID Nearest Address Pole ID (N) (W)
CRAN RLOS ORFUL 033 NW CORNER CHAPMAN &TOWER RD POLE#1571 33.7888760 -117.8899720
CRAN RLOS ORFUL 034 4050 W. CHAPMAN AVE. POLE#4473253E 33.7888140 -117.8963960
CRAN RLOS ORFUL 036 200 CITY BLVD WEST POLE#419585E 33.7858230 -117.8946530
CRAN RLOS ORFUL 043 PEPPER ST. 160' NORTH OF LA VETA AVE. POLE# 1945575E 33.7808620 -117.8648200
CRAN RLOS ORFUL 044 111 S. MAIN ST. POLE#1203 33.7874920 -117.8671490
CRAN RLOS ORFUL 045 ACROSS STREET FROM 565 S. PARKER POLE# 1985205E 33.7794361 -117.8597985
CRAN RLOS ORFUL�046 2224 W. PALM AVE. POLE# 1092340E 33.7914449 -117.8767807
CRAN RLOS ORFUL 048 400 N. MAIN ST. POLE#2215803E 33.7930820 -117.8701410
100' SOUTH OF SE CORNER JAMBOREE &SANTIAGO
CRAN RLOS TUSTN 025 CANYON POLE#0069 33.7950380 -117.7606370
CRAN RLOS TUSTN 026 SE CORNER SANTIAGO CANYON & HILLSGATE RD. POLE#0084 33.7960690 -117.7638030
CRAN RLOS TUSTN 027 7622 E. CHAPMAN AVE. POLE#0091 33.7943570 -117.7722880
CRAN RLOS TUSTN 028 8045 E. CHAPMAN - EAST ENTRANCE TO SCC POLE#0169 33.7930560 -117.7634520
CRAN RLOS_TUSTN 029 491 N. CANNON ST. (METER ADDRESS NEAR NODE) POLE#0629 33.7959570 -117.7917050
CRAN RLOS TUSTN 031 204 S. HEWES ST. POLE#2153 33.7858980 -117.8058560 "
CRAN RLOS TUSTN 033 5138 E. RYALS LN. POLE#2061546E 33.7898430 -117.7984095
CRAN RLOS TUSTN 035 209 N. SINGINGWOOD ST. POLE#2242929E 33.7897380 -117.7899210
CRAN RLOS TUSTN 036 212 S. NOTRE DAME ST. POLE#0777 33.7861170 -117.7852790
CRAN RLOS YLVPK 001 2550 N. TUSTIN ST. POLE# 1912057E 33.8316030 -117.8363630
CRAN RLOS YLVPK 002 1330 N. GLASSELL ST. POLE#2061199E 33.8094990 -117.8531560
CRAN RLOS YLVPK 004 2430 E. WALNUT AVE. POLE# 1409186E 33.794971 -117.827518
CITY COiJNCIL MINUTES SEPTEMBER 11, 2018
3. CONSENT CALENDAR(Continued)
(ITEM REMOVED AND HEARD SEPARATELY)
3.8 Master Encroachment Agreement(Agreement) between the City of Orange and New
Cingular Wireless PCS,LLC(AT&T)to install telecommunications network facilities
within the public right-of-way. (A2100.0; AGR-6651)
Public Speaker:
Jeff Morin—thanked City staff for their work on this agreement
MOTION —Whitaker
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to approve Agreement between City of Orange and New Cingular Wireless PCS,LLC;
and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City.
3.9 Accept and appropriate into the City's revenue budget a donation in the amount of
$5,000 from the Orange Public Library Foundation (Foundation). (C2500.I)
ACTION: 1) Accepted into the City's revenue a $5,000 donation from the Foundation to
revenue account number 100.2001.48390.19322 (Foundation Donations); and 2) Authorized
the appropriation of$5,000 to the following expenditure account numbers:
� 100.2016.53340.19322—Craft Supplies (Foundation) $3,700
100.2016.53910.19322—Minor Office Equipment(Foundation) 1,300
$5,000
3.10 Accept and appropriate into the City's revenue budget a $41,000 grant from
California Library Literacy Services (CLLS) for FY2018-2019 (FY19). (C2500.I)
ACTION: 1) Accepted in the City's revenue budget a$41,000 grant from CLLS into revenue
account 100.2001.45290.30106, State Grants-CA Literacy (CLLS) FY19; and
2) Authorized the appropriation of$41,000 into expenditure account 100.2001.53001.30106,
Materials Supplies CLLS Grant FY19.
(ITEM REMOVED AND HEARD SEPARATELY)
3.11 Accept and appropriate into the City's revenue budget a grant from Califa in the
amount of$7,500, and a grant from the California State Library in the amount of
$7,500, for a total grant amount of$15,000. (C2500.I)
Councilmember Nichols wanted Council to be aware that the grants will provide
Vietnamese/English children's books for the Orange Public Library as there have been several
requests for more Vietnamese children's books in the City's libraries.
MOTION —Nichols
SECOND —Murphy
AYES —Alvarez, Whitaker, Smith, Murphy,Nichols
Moved to: 1) Accept into the City's revenue budget a $7,500 grant from Califa to revenue
account 100.2001.45495.30112 (Other Grant Revenue — Califa), and a $7,500 grant from
California State Library to revenue account 100.2001.45290.30111 (State Grant—Initiatives
Book Project), for a total revenue amount of$15,000, and; 2) Authorize the appropriation of
$15,000 to the following expenditure accounts:
100.2001.53301.30111 —Library Books (CA State Library) $7,500
100.2001.53301.30112—Library Books (Califa) 7,500
$15,000
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