HomeMy WebLinkAbout2010/01/12 Item 6
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
~\0::. (ll)' OF
~ (HULA VISTA
JANUARY 12, 2010, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING A TEMPORARY SITE
LICENSE AGREEMENT WITH VERIZON WIRELESS, LLC
FOR 90 DA YS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE DAY TO DAY EXTENSIONS
OF NOT MORE THAN 90 DAYS, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE TEMPORARY SITE
LICENSE AGREEMENTS AS NECESSARY TO MAINTAIN
ADEQUATE, COMPETITIVE COVERAGE AND QUALITY
WIRELESS SERVICE WITHIN THE CITY
DIRECTOR OF CONSERVATION & ENVIRONMENTAL
SERVICES ~
CITY MANAGE
ASSISTANT CITY NAGER
~
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES D NO 0
SUMMARY
Conservation & Environmental Serviees Department (CES) is submitting an Agreement
between the City and Verizon Wireless, LLC for a temporary Wireless
Telecommunications Facility (WTF) for City Council's ratification. The Agreement
provides Verizon with the ability to place a temporary WTF at Veteran's Park to replace
a site in a high wireless traffic area near Veteran's Park where Verizon had an emergency
coverage problem due to the loss of a site. The Agreement provides Verizon with at least
90 days for their temporary mobile facility while they complete the Master License
Agreement with the City that is currently in progress. Staff is also requesting that City
Council authorize the City Manager to administratively approve temporary WTF
facilities iJ;l the future as needed to maintain adequate communications for residential,
commercial, educational and safety communications throughout the City.
6-1
JANAUARY 12, 2010, Item~
Page 2 on
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303
(New Construction or Conversion of Small Structures) of the State CEQA Guidelines
because the project consists of installation of small unobtrusive wireless communication
antennas and equipment on small structures. Thus, no further environmental review is
necessary.
RECOMMENDATION
That Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Staff has submitted the proposal to the Technology Sub-committee and will be prepared
to verbally present their comments and recommendation at the Council meeting if
requested.
DISCUSSION
The City Council approved Resolution 18601 on March 18, 1997, conceptually
approving the marketing of City properties for use by telecommunications companies.
On September 16, 1999, the City Council approved Master Telecommunication Site
License Agreements (MLA) with AT&T and Cox PCS, Assets, LLC, for installation and
operation of as many as 50 wireless communication sites on property owned or controlled
by the City. The City also approved an MLA with Pacific Bell Wireless, LLC for as
many as 25 sites in November 2002, with Cricket for as many as 35 sites in February
2006, and with the New Cingular (AT&T) for as many as 25 sites in July 2007. In
December 2007 the City completed an MLA with T-mobile for up to 25 sites, and in
October 2009 the City completed a Network License and Encroachment Permit
Agreement with NextG for up to 100 micro-cell sites. There are approximately 30 sites
on property owned or controlled by the City under those leases generating approximately
$400,000 in annual lease revenue with approximately another 13 sites currently in
consideration. Staff began negotiation with Verizon Wireless for a MLA of
approximately 25 sites in the later part of 2009. Staff projects that Verizon Wireless will
complete its MLA process sometime within the 90 day time period at which time, staff
will return to Council with a complete MLA for their review and consideration. When
the MLA is complete, Verizon would be seeking to convert this temporary site to a
permanent site that meets the aesthetic and long term operational conditions applied to all
WTF sites.
Verizon Wireless has been required to comply with all local, state and federal applicable
laws for installation of the temporary site. Verizon Wireless' construction, installation,
maintenance and removal of the WTP facility will be at their sole responsibility and cost.
If Verizon Wireless causes any damage to the public right of way or City property, they
are required to repair it promptly at their sole cost.
6-2
JANAUARY 12,2010, Item---L
Page 3 00
The City Council and staff have worked with industry for twelve years on a "master
license agreement" approach to siting these facilities. Throughout that period staff
reached out to the telecommunications industry to ensure that Chula Vista consumers had
access to the latest technology being deployed in the region. The technology has evolved
from a unique business tool, used by a few people, primarily in commercial areas, to a
critical commercial, residential, education and safety communication tool used almost
everywhere.
Staff is also requesting that Council authorize the City Manager to execute temporary site
license agreements of not more than 180 days to maintain infrastructure adequate to
deliver residential, commercial, educational and safety communications throughout the
City. Staff anticipates using this authority primarily when a cell site is damaged or
removed from service and needs a temporary solution to maintain the integrity of the
carriers system while re-establishing a permanent site, or when a new level of demand is
contributing to communication failure. Staff has attached a draft version of that proposed
agreement for City Council's review and approval (Attachment 2), which is very similar
to the Temporary Site License submitted for the Verizon site.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this
action.
CURRENT YEAR FISCAL IMP ACT
Verizon Wireless has paid the full cost of permits for the temporary site and will pay the
City $7,500 for 90 days rent within thirty days. Verizon Wireless will pay the City an
escalated rent of $125 per day (150% of the initial per day fee) for each day beyond the
90 day temporary period.
ONGOING FISCAL IMPACT
The average wireless provider has requested an MLA with approximately 25 total sites,
and annual payment to the City for a full site is approximately $25,000 per year. When
Verizon Wireless completes their MLA and executes their individual Schedules for each
site, anticipates that Verizon Wireless would initiate at least three sites that would
generate approximately $60,000 on a prorated basis for the 20 I 0 calendar year.
Additionally, the City is reimbursed for time spent on review and approval of each site
application submitted for the planning process.
ATTACHMENTS
1. Proposed License Agreement and Sample Temporary Site Photo
2. Draft Standard Agrcement for future Manager Approval
Prepared by: /t.;lichael !vleacham, Director, Conservation & Environmental Services
6-3
THE ATTACHED AGREEl'vlENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
- P/}
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J " '., h / / J
" --i v I ! i./ l ''';-/'1-2JJ ~:/
,/Bart eY.'cMyesfeld
/ ,/ City Attorney
v
Dated: / / (" / ( ()
, / I
TEMPORARY SITE LICENSE
AGREEl'vlENT BETWEEN THE CITY OF CHULA VISTA AND
VERIZON WIRELESS
6-4
TEMPORARY SITE LICENSE
, -~
This Temporary Site License ("License") is made this Z 4 day of \:Co--tQ~"-; 20 ~cr
between the City of Chula Vista, a municipal corporation, with an address at 276 Fourth Avenue,
Chula Vista, California 91910, hereinafter referred to as "Licensor" and Verizon Wireless (VAW)
LLC, d/b/a Verizon Wireless, with an address at One Verizon Way, Mail Stop 4A WIOO, Basking
Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter referred to as "Licensee".
I. Licensor does hereby grant unto Licensee a license to use a 30' by 52' parcel located
at 785 East Palomar Street, Chula Vista, California, which parcel is hereinafter referred to as the
"Property", and is described further on Exhibit A attached hereto and made a part hereof, together
with the right to place upon the Property a communications facility ("Facility"). Licensor also
grants unto Licensee the non-exclusive right-of-way for ingress and egress, seven (7) days a week,
twenty-four (24) hours a day, on foot or motor vehicle, including trucks. Said right-of-way and
Property are generally described on Exhibit A attached hereto and made a part hereof. Fwiher,
Licensee shall have the right to install and maintain conduits, pipes, cables and wires to its Facility
within the Property as necessary to supply utility service and power to the Facility or as otherwise
needed to service the Facility as reasonably determined by Licensee.
2. The. term of this License shall be for a period of ninety (90) days ("Initial Term")
and shall commence on the date this License is fully executed. Licensor shall have the right to
extend the Initial Term for an additional ninety (90) days, in Licensor's sole discretion.
3. Licensee shall pay to Licensor a one-time fee of Seven Thousand Five Hundred
Dollars ($7,500.00) for the Initial Term, which fee shall be due within thirty (30) calendar days after
this License is fully executed. The fee for any additional term shall be at the rate of One Hundred
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110253034.2
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Twenty-Five Dollars ($125) per calendar day for each thirty (30) day period or part ofa thirty (30)
day period beyond the Initial Term.
4. Licensee reserves the right to terminate this License on thirty (30). days written
,
notice and upon such termination, Licensee will remove all of its equipment and improvements and
restore the Property to its original condition, subject to the reasonable approval of the City
Engineer.
5. Licensee shall defend, indemnify, protect and hold harmless Licensor, its elected
and appointed officers and employees from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) to the extent arising out of the operation of
the Facility or conduct of Licensee or its agents or employees, subcontractors, or others acting
under Licensee's direction or control or their violation of any hazardous materials laws or the
release of hazardous materials in connection with this License, except only to the extent of those
claims arising from the sole negligence or willful misconduct of Licensor, its elected and
appointed officials and employees. Licensee's indemnification shall include any and all costs,
expenses, reasonable attorneys' fees and liability incurred by Licensor, its officers, agents, or
employees in defending against such claims, whether the same proceed to judgment or not.
Further, Licensee at its own expense shall, upon written request by Licensor, defend any such
claims to the extent arising from Licensee's operations or conduct that are brought against
Licensor, its officers, agents, or employees in connection with the Facility, Licensee's use of the
Property or the execution of this License.
6. Licensee and Licensor agree that Licensor assumes no responsibility or liability
for loss, damage, expenses or claims, direct or consequential, from (a) Licensee's inability to use
the Property for its intended purpose; (b) Licensee's use of any related access roads; (c)
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110253034.2
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Licensee's operation of the Facility; or (d) termination of this License by either party, except to
the extent caused by the sole negligence or sole willful misconduct of Licensor, its officials,
agents and employees.
7. Not~ithstanding any contrary provision of this License, each party hereby waives
any right to recover from the other party or other party'spartners, affIliates, agents and employees
any loss or damage resulting from any cause or hazard to the extent the loss or damage is covered
by property insurance carried by the party suffering loss or damage, including any loss or damage
resulting from loss of the use of any property and provided that at the time of loss the property
insurers for both parties have waived rights of subrogation. These waivers shall apply between
the parties and to any property insurer claiming under or through either party as a result of any
(
asserted right of subrogation, unless any property insurer has not waived its right of subrogation
(in which case these waivers shall have no effect).
8. Licensee shall maintain at its own expense during the term of this License,
commercial general liability insurance with a combined single limit of $1,000,000,00 per
occurrence for bodily injury (including death), personal injury, and property damage and Two
Million Dollars ($2,000,000) aggregate. Licensee shall provide a certificate of insurance to
Licensor as proof of said coverage which shall contain a provision for thirty (30) days notice of
cancellation to Licensor. Licensee shall also maintain worker's compensation insurance as required
by applicable law. Except with respect to the indemnification set forth in this paragraph, neither
party shall be liable to the other, or any of their respective agents, representatives, employees for
any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect,
special or consequential damages, loss of data, or interruption or loss of use of service, even if
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advised of the possibility of such damages, whether under theory of contract, tort (including
negligence), strict liability or otherwise.
9. Licensor covenants that Licensor is seized of good and sufficient title and interest to
the Property and has full authority to enter into this License.
10. This License may be sold, assigned or transferred by Licensee to Licensee's
principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially
all of Licensee's assets the market defined by the Federal Communications Commission in which
the Property is located by reason of a merger, acquisition or other business reorganization, v"ithout
the consent of the Licensor. As to any other parties, any sale, assignment or transfer must be with
the written consent of the Licensor, which consent will not be unreasonably withheld.
11. All notices hereunder must be in writing and shall be sent certified mail, return
receipt requested, to:
Licensor:
City Manager, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Licensee:
Verizon Wireless (VA W) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
[Signatures begin next page]
Chula Vista COW
\10253034.2
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IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year first above written.
LICENSOR:
City of Chula Vista,
a municipal corporation
BY:~
Name: ::s ("0 ~ T G< '- '-- "" < 1-/
Title: A";. s.rr-rA f'JT C I.TLr AA.t! /"'a 'i IS-L
Date: ;). /2-'1 /09
LICENSEE:
Verizon Wireless 01 A W) LLC, a
Delaware limited liability company
d/b/a Verizon Wireless
~s'Jr.
Title: Area Vic Presi ent Network
Date:
'.
Chula Vista COW
110253034.2
6-9
Exhibit A
Description
Lot "D" of Sun bow IT, Units 5, 6, 13, 14 and 15 per Map thereof No. 13917 recorded on January 19,
2000, as File No. 2000-0029050, as offered for dedication to the City of Chula Vista for public park
purposes, per Document No. 2000-0029054 recorded on January 19, 2000, in the Office of the
County Recorder of San Diego County.
APN: 641-122-10
Chula Vista COW
\10253034.2
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Form W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Rev. October 20Q7)
Department of the Tr..asury
\ntemal Revenue Sil!vice
Name (as shown on YOUT income tax retum)
City of Chula Vista
Business name, if diff~.'it from above
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Check appropriate box: 0 lnCividual/Sale proprietor D Corporation 0 Partnership
o Limited liability company, Enter the tax classification (D=disregarded entity, C=cor?aratian, P"'par.nership) ~ ........
o other (see instructions) .. Mt...,ici alit
Address (number, street, and apt. or suite no.)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number 10 enter.
276 Fourth Avenue
City, stille, and ZIP code
Chuia Vista, CA 91910
list account number(s} here (optianaO
Taxpayer Identification Number IN
1ZI Exempt
payoe
Requester's nama and address (optionaQ
I. Socia' ~cunty numbo,
, .
, ,
, ,
or
Employer identificatlon number
95
6000690
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the lntema!
Revenue Service ~RS) that J am subject to backup withholding as a result of a faiJure to report all interest or dividends, or (c) the JRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (deflned below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to baCkup
withholding bec3use you have failed to report all interest and dividends on your tax return. For real est.:\te transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign
Here
Signature or (......
u.s. person" \.
Date ...
oS
General Instructions
Section references are to the Intemal Revenue Code unless
othervvise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example. income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt. or
contributions you made to an JRA.
Use Form W-9 only jf you are a U.S. person (including a
resident siien), to provide your correct TIN to the person
requesting it (the requester) and, when applicabie, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject :0 the witllholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-g to
request your TIN, you must use the requester's form if it is
substantiaily similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
. An individual who is a U.S. citizen or U.S. resident alien,
. A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
. An estate (other than a foreign estate), or
. A domestic trust (as defined in Regulations section
301.7701-7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholdIng tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay tho withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W~9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocabie share of net income from the partnership
conducting a trade or business In the UnITed States is in the
following cases:
. The U.S. owner of a disregarded entity and not the entity,
Fonn W-9 (Rev. 10-2007)
Cat. No.1 0231 X
6-14
Attachment 2
TEMPORARY SITE LICENSE
This Temporary Site License ("License") is made this
day of
,20_,
between the City ofChula Vista ("City"), a municipal corporation, with an address at 276 Fourth
A venue, Chula Vista, California 91910, hereinafter referred to as "Licensor," and
, with an address at
), hereinafter referred to as "Licensee".
Licensor does hereby grant unto Licensee a license to use a _' by _' parcel
(telephone number
1.
located at
, which parcel is hereinafter referred to as the "Property", and is
described further on Exhibit A attached hereto and made a part hereof, together with the right to
place upon the Property a communications facility ("Facility"). Licensor also grants unto
Licensee the non-exclusive right-of-way for ingress and egress, seven (7) days a week, twenty-
four (24) hours a day, on foot or motor vehicle, including trucks. Said right-of-way and Property
are generally described on Exhibit A attached hereto and made a part hereof. Further, Licensee
shall have the right to install and maintain conduits, pipes, cables and wires to its Facility within
the Property as necessary to supply utility service and power to the Facility or as otherwise
needed to service the Facility as reasonably determined by Licensee.
2. The term of this License shall be for a period of ninety (90) days ("Initial Term")
and shall commence on the date this License is fully executed. Licensor shall have the right to
extend the Initial Term up to an additional ninety (90) days beyond the Initial Term, in Licensor's
sole discretion.
3.
Licensee shall pay to Licensor a one-time fee of $
for the Ini tial Term,
which fee shall be due within thirty (30) calendar days after this License is fully executed. The
fee for any additional term shall be at the rate of $
per calendar day for each day, or
6-15
partial day, for which this License is extended beyond the initial Term. The fees for the entire
term of the extension shall be paid within ten calendar days of the extension being granted by
Licensor.
4. Licensee and Licensor each reserve the right to terminate this License on thirty
(30) days written notice to the other party. Upon such termination, Licensee will remove all of
its equipment and improvements and restore the Property to its original condition, subject to the
reasonable approval of the City Engineer.
5. Licensee shall defend, indemnify, protect and hold harmless Licensor, its elected
and appointed officers, agents and employees, from and against any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions, negligence, or willful misconduct of Licensee, its officials, officers, employees,
agents, and contractors, arising out of or in connection with: (a) the Facility; (b) Licensee's use of
the Property; (c) Licensee's inability to use the Property for its intended purpose; (d) Licensee's
use of any related access roads; (e) Licensee's operation of the Facility; (f) termination of the
License by either party; (g) the execution of this License; or (h) any other act or omission by
Licensee related to this License. This indemnity provision does not include any claims, damages,
liability, costs and expenses (including without limitations, attorneys' fees) arising from the sole
or active negligence or willful misconduct of the Licensor or its elected or appointed officers,
agents or employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of Licensor, its agents, officers,
or employees which may be in combination with the active or passive negligent acts or omissions
of the Licensee, its employees, agents or officers, or any third party. Licensee's indemnification
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shall include any and all costs, expenses, reasonable attorneys' fees and liability incurred by the
Licensor, its officers, agents, or employees in defending against such claims, whether the same
proceed to judgment or not. Further, Licensee at its own expense shall, upon written request by
Licensor, defend any such claims to the extent arising from Licensee's operations or conduct that
are brought against Licensor, its officers, agents, or employees in connection with: (a) the
Facility; (b) Licensee's use of the Property; (c) Licensee's inability to use the Property for its
intended purpose; (d) Licensee's use of any related access roads; (e) Licensee's operation of the
Facility; (f) termination of the License by either party; (g) the execution of this License; or (h)
any other act or omission of Licensee related to this License.
6. Licensee and Licensor agree that Licensor assumes no responsibility or liability
for loss, damage, expenses or claims, direct or consequential, from: (a) the Facility; (b)
Licensee's use of the Property; (c) Licensee's inability to use the Property for its intended
purpose; (d) Licensee's use of any related access roads; (e) Licensee's operation of the Facility;
(f) termination of the License by either party; (g) the execution of this License; or (h) any other
act or omission of Licensee related to this License, except to the extent caused by the sole or
active negligence or willful misconduct of Licensor, its officials, agents and employees.
7. Licensee shall maintain at its own expense during the term of this License,
commercial general liability insurance with a combined single limit of $1,000,000.00 per
occurrence for bodily injury (induding death), personal injury, and property damage and Two
Million Dollars ($2,000,000) aggregate. Licensee shall provide a certificate of insurance to
Licensor as proof of said coverage, prior to this License becoming effective. Licensee shall also
maintain worker's compensation insurance as required by applicable law. The insurance policies
required by this License shall not be canceled by Licensee, except after thirty days' prior written
6-17
notice to Licensor by certified mail, return receipt requested. The words "will endeavor" and
"but failure to mail such notice shall impose no obligation or liability of any kind upon the
company, its agents, or representatives" shall be deleted from all certificates. Licensee's insurer
will provide a Waiver of Subrogation in favor of Licensor for each required policy providing
coverage for the term required by this License.
9. Licensor covenants that Licensor is seized of good and sufficient title and interest
to the Property and has full authority to enter into this License.
10. This License may be sold, assigned or transferred by Licensee to Licensee's
principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially
all of Licensee's assets in the market defmed by the Federal Communications Commission in
which the Property is located by reason of a merger, acquisition or other business reorganization,
without the consent of the Licensor. As to any other parties, any sale, assignment or transfer
must be with the written consent of the Licensor, which consent will not be unreasonably
withheld.
11. All notices hereunder must be in writing and shall be sent certified mail, return
receipt requested, to:
Licensor:
City of Chula Vista
Attention: City Manager
276 Fourth Avenue
Chula Vista, California 91910
Licensee:
[Signatures begin on next page]
6-18
IN WITNESS WHEREOF, Licensor and Licensee have executed this License,
indicating that they have rcad and understood same, and indicate their full and complete consent
to its terms:
LICENSOR:
City of Chula Vista,
a municipal corporation
By:
Name: James D. Sandoval
Title: City Manager
Date:
Approved as to form:
Bart Miesfeld, City Attorney
LICENSEE:
Licnesee Name
By:
Signature
Name:
Printed Name
Title:
Date:
6-19
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING A TEMPORARY SITE LfCENSE
AGREEMENT WITH VERlZON WIRELESS, LLC FOR 90
DAYS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE DAY TO DAY EXTENSIONS OF NOT MORE
THAN 90 DAYS, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE TEMPORARY SITE LICENSE AGREEMENTS
AS NECESSARY TO MAfNTAIN ADEQUATE AND
COMPETITIVE COVERAGE AND QUALITY WIRELESS
SERVICE WITHIN THE CITY
WHEREAS, the City Council approved Resolution 18601 on March 18, 1997,
conceptually approving the marketing of City properties for use by telecommunications
companies; and
WHEREAS, the City Council subsequently approved Master License Agreements (MLA)
with AT&T, T-mobile, Sprint, Cricket for twenty-five to fifty Wireless Telecommunication
Facility (WTF) sites, and a Pole Attachment Agreement with NextG for up to 100 sites; and
WHEREAS, staff reached out to the industry, held workshops and invited them to the
City to structure "master" agreements to provide prompt entry at below-market rates; and
WHEREAS, eleven years later, the technology has evolved from a unique business tool,
used by a few people, primarily in commercial areas, to a common business, residential,
educational and emergency communication tool used throughout the City; and
WHEREAS, above all, the wireless industry values rapid deployment and works with the
City to accommodate the community's objectives based predominantly on our ability to
demonstrate a record of timely zoning and construction approvals that support that goal; and
WHEREAS, Verizon Wireless, LLC is an existing network provider operating in Chula
Vista and is currently in negotiations to establish an MLA with the City to expand and improve
its coverage in Chula Vista, and
WHEREAS, Verizon Wireless has lost a site in a high demand area surrounding
Veteran's Park and approached the City regarding a temporary mobile WTF; and
WHEREAS, staff is recommending that the City Council ratify an Agreement between
the City and Verizon Wireless for a temporary WTF for 90 days with an extension of up to 90
days at the City's discretion; and
WHEREAS, the 90 day period should be sufficient for Verizon Wireless and the City to
complete the MLA on what staff considers to be mutually beneficial terms for the City Council's
review and consideration; and
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Resolution No. 2010-
Page 2
WHEREAS, Municipal Code Section 19.89.040 outlines that the regulation of WTF on
property owned or controlled by the City shall be accomplished through administrative rules,
policies, programs or agreements approved by the City Council, and
WHEREAS, Staff is further requesting that City Council authorize the City Manager to
administratively approve future emergency WTF sites on a temporary basis for not more than
180 days.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby:
I. Ratify a temporary site license agreement with Verizon Wireless, LLC, a copy of
which is on file with the City Clerk, and authorizing the City Manager to administratively extend
the license for up to and additional 90 days at the City Manager's discretion, and
2. Authorize the City Manager to execute future temporary site license agreements, for
periods of 180 days or less, as necessary to maintain adequate and competitive coverage and
quality wireless service within the City.
Presented by
Approved as to form by
Michael Meacham
Director of Conservation and
Environmental Services
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6-21