HomeMy WebLinkAbout2016-059 1 RESOLUTION NO. 2016-59
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO TWO GROUND
3 LICENSE AGREEMENTS WITH SPRINT COMMUNICATIONS COMPANY FOR
4 ACCESS TO COMMUNICATIONS CONDUIT BENEATH THE CITY.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. The City Manager is hereby authorized and directed to execute
8 Amendment No. 1 to License 2009-145 between Sprint Communications Company, L.P. and
9 the City of San Bernardino, said Amendment being attached hereto as Exhibit"A" and made a
10 part hereof.
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SECTION 2. The City Manager is hereby authorized and directed to execute
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13 Amendment No. 1 to License 2009-344 between Sprint Communications Company, L.P. and
14 the City of San Bernardino, said Amendment being attached hereto as Exhibit "B" and made a
15 part hereof.
16 SECTION 2. The authorization to execute the above-referenced Agreements is
17 rescinded if it is not executed within one hundred and twenty (120) days of the passage of this
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Resolution.
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1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO TWO GROUND
2 LICENSE AGREEMENTS WITH SPRINT COMMUNICATIONS COMPANY FOR
ACCESS TO COMMUNICATIONS CONDUIT BENEATH THE CITY.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
6
7 the 21St day of March, 2016, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ X
10
BARRIOS X
11
12 VALDIVIA X
13 SHORETT x
14 NICKEL x
15 RICHARD x
16 MULVIHILL x
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18 �-
L-9 n- 7Za�
19 Geor anon Hanna, ' C, City Clerk
20 The foregoing resolution is hereby approved this ,2 da of Marc 2016.
21 f
22
R. CAREY AVIS, Mayor
23 City of San Bernardino
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
26 By.
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2
2016-59
EXHIBIT "A"
AMENDMENT NO. 1
TO LICENSE 2009-145
This AMENDMENT is made and entered into this 21st day of March
2016, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation, hereinafter referred to as the "City" and Sprint Communications Company
L.P., hereinafter referred to as "Licensee".
WITNESSETH:
A. WHEREAS, City and Licensee previously entered into that certain License
to encroach upon, construct, maintain, inspect, operate, protect, repair, replace and retain in
place a buried communications conduit and appurtenances thereto in and around Redlands
Boulevard and environs dated June 15, 2009 (the "License")[License 2009-145];
B. WHEREAS, the License expired on December 31, 2015;
C. WHEREAS, City issued a letter dated December 29, 2015 extending the
term until March 30, 2016;
NOW THEREFORE, the parties hereto agree as follows:
1. The License term set forth in Section 2 of the License is hereby extended through
December 31, 2025.
2. The annual license maintenance fee set forth in section 6 of the License shall remain
the same.
3. All other terms and conditions of said Agreement approved by Resolution No. 2009-
145, shall remain unchanged.
- 1 -
2016-59
AMENDMENT NO. 1
TO LICENSE 2009-145
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first shown above.
CITY OF SAN BERNARDINO SPRINT COMMUNICATIONS
COMPANY L.P.
by: by:
Mark Scott, City Manager James B. Farris, Manager, Real Estate
ATTEST:
Georgeann Hanna, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
By:
-2-
2016-59
EXHIBIT "B"
AMENDMENT NO. 1
TO LICENSE 2009-344
This AMENDMENT is made and entered into this 21st day of March
2016, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation, hereinafter referred to as the "City" and Sprint Communications Company
L.P., hereinafter referred to as "Licensee".
WITNESSETH:
A. WHEREAS, City and Licensee previously entered into that certain License
to encroach upon, construct, maintain, inspect, operate, protect, repair, replace and retain in
place a buried communications conduit and appurtenances thereto in and around Cajon
Boulevard and in and around Macy Street and environs dated November 2, 2009 (the
"License") [License 2009-344];
B. WHEREAS, the License expired on December 31, 2015;
C. WHEREAS, City issued a letter dated December 29, 2015 extending the
term until March 30, 2016;
NOW THEREFORE, the parties hereto agree as follows:
1. The License term set forth in Section 2 of the License is hereby extended through
December 31, 2025.
2. The annual license maintenance fee set forth in section 6 of the License shall remain
the same.
3. All other terms and conditions of said Agreement approved by Resolution No. 2009-
344, shall remain unchanged.
HI
HI
- 1 -
2016-59
AMENDMENT NO. 1
TO LICENSE 2009-344
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first shown above.
CITY OF SAN BERNARDINO SPRINT COMMUNICATIONS
COMPANY L.P.
by: by:
Mark Scott, City Manager James B. Farris, Manager, Real Estate
ATTEST:
Georgeann Hanna, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
By.
-2 -
2016-59
EXHIBIT "A"
AMENDMENT NO. 1
TO LICENSE 2009-145
This AMENDMENT is made and entered into this 21st day of March ,
2016, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation, hereinafter referred to as the "City" and Sprint Communications Company
L.P., hereinafter referred to as "Licensee".
WITNESSETH:
A. WHEREAS, City and Licensee previously entered into that certain License
to encroach upon, construct, maintain, inspect, operate, protect, repair, replace and retain in
place a buried communications conduit and appurtenances thereto in and around Redlands
Boulevard and environs dated June 15, 2009 (the "License")[License 2009-145];
B. WHEREAS, the License expired on December 31, 2015;
C. WHEREAS, City issued a letter dated December 29, 2015 extending the
term until March 30, 2016;
NOW THEREFORE, the parties hereto agree as follows:
1. The License term set forth in Section 2 of the License is hereby extended through
December 31, 2025.
2. The annual license maintenance fee set forth in section 6 of the License shall remain
the same.
3. All other terms and conditions of said Agreement approved by Resolution No. 2009-
145, shall remain unchanged.
C lU Q-too
2016-59
AMENDMENT NO. 1
TO LICENSE 2009-145
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first shown above.
CITY OF SAN BERNARDINO SPRINT COMMUNICATIONS
COMPANY L.P.
by: /�6't �zc- by:
Mark Scott, City Manager Jame B. Farris, Manager, Real Estate
ATTEST:Georgeann nna, City rk
Approved as to form:
Gary D. Saenz, City Attorney
By:(7t
-2-
2016-59
EXHIBIT "B"
AMENDMENT NO. 1
TO LICENSE 2009-344
This AMENDMENT is made and entered into this 21st day of March ,
2016, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation, hereinafter referred to as the "City" and Sprint Communications Company
L.P., hereinafter referred to as "Licensee".
WITNESSETH:
A. WHEREAS, City and Licensee previously entered into that certain License
to encroach upon, construct, maintain, inspect, operate, protect, repair, replace and retain in
place a buried communications conduit and appurtenances thereto in and around Cajon
Boulevard and in and around Macy Street and environs dated November 2, 2009 (the
"License") [License 2009-344];
B. WHEREAS, the License expired on December 31, 2015;
C. WHEREAS, City issued a letter dated December 29, 2015 extending the
term until March 30, 2016;
NOW THEREFORE, the parties hereto agree as follows:
1. The License term set forth in Section 2 of the License is hereby extended through
December 31, 2025.
2. The annual license maintenance fee set forth in section 6 of the License shall remain
the same.
3. All other terms and conditions of said Agreement approved by Resolution No. 2009-
344, shall remain unchanged.
At65 Si"ale - 1 -
2016-59
AMENDMENT NO. 1
TO LICENSE 2009-344
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first shown above.
CITY OF SAN BERNARDINO SPRINT COMMUNICATIONS
COMPANY L.P.
pp
by: by:
Mark Scott, City Manager Jame B. Farris, Manager, Real Estate
ATTEST:
Z
Georgeann nna, City rk
Approved as to form:
Gary D. Saenz, City Attorney
By.
-2 -