HomeMy WebLinkAbout19-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
ORI f~ P f ~ L
\..tillit-t
Subject: Resolution authorizing the execution of
a Pole Attachment Agreement with Site
Management Services, Inc., for the installation of
mobilelwireless communications facilities on
certain streetlight poles and traffic signal poles in
the City.
File No. 15.06-152
MCC Date: 07-23-2001
Dept: Development Services
Date: July 17,2001
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution.
~!2-
Contact person:
EILEEN GOMEZ
Phone:
5328
Supporting data attached: Staff Reportl Resol Ward:
Agreement
FUNDING REQUIREMENTS: Amount: None
All
Source: (Acct. No.)
(Acct Description)
Finance:
Council Notes:
rAw, ~J r; /020/0 (, ""'- J'f
Agenda Item
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2'/(0/0/
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a Pole Attachment Agreement with Site Management
Services, Inc., for the installation of mobilelwireless communications facilities on certain
streetlight poles and traffic signal poles in the City.
BACKGROUND:
In January, 2001, representatives from the City Administrator's Office, Public Works Division,
and Site Management Services, Inc. (SMS), met to discuss the possibility of installing
mobilelwireless telecommunications facilities and related equipment in the public right-of-way
and on certain streetlight poles and traffic signal poles owned or controlled by the City. SMS has
acknowledged that acceptable locations for traditional monopole sites are diminishing due to
their size, visual appearance and opposition from the public.
In conjunction with Pacific Bell Wireless, SMS has developed new site technology that would
allow the City to limit the number of traditional monopole sites. This proposal will also offer an
opportunity to generate revenue, since the microsite equipment will be placed within the public
right-of-way, and existing streetlights and traffic signal poles will be utilized. The new
"microsite" technology is much smaller and lower impact than traditional monopole sites. The
residential microsite is designed to go on existing streetlights in residential neighborhoods,
incorporating the smallest technology available which can be configured to meet the City's
design needs. The larger and more powerful commercial microsites can be used in commercial
and industrial areas instead of using the traditional monopole or rooftop site. Subject to this
Agreement, each site will require approval on an individual basis contingent upon review by the
Planning Department. SMS will be responsible for the electrical usage for each site.
The amount of revenue for each site will be determined by the type of equipment used at the site
and the height of the pole which SMS will place antennas on. Currently, the City of Riverside is
receiving $9, 682.00 annually for collocation use of certain street light poles located in the public
rights-of-way. Depending on the type of equipment used and the type of pole the facilities are
placed on, the base fee for each site will be calculated according to Exhibit "c" of the attached
Pole Attachment Agreement. For example, if the transmission facilities are placed on a pole
other than a City pole (such as an Edison pole), the City will still receive revenue for the
equipment placed in the right-of-way. When the transmission facilities are attached to a City
pole and the equipment is located in the right-of-way, the City will receive both the both the
Design Category fees and the additional pole fees. Each site can generate from $1,297.00 to
$10,704.00 per year in revenue for the City. The amount payable will also increase each year
during the life of the agreement, which will not change the manner in which San Bernardino
currently processes or approves its wireless communications sites.
FINANCIAL IMPACT:
Revenue starting from $1,297.00 to $10,704.00 to be contributed to the General Fund in annual
installments.
RECOMMENDATION:
Staff recommends that said Resolution authorizing the execution of a Pole Attachment
Agreement with Site Management Services, Inc., be adopted.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SITE MANAGEMENT SERVICES, INC.
4 RELATING TO THE INSTALLATION OF MOBILEIWIRELESS COMMUNICATIONS
FACILITIES ON CERTAIN STREETLIGHT POLES AND TRAFFIC SIGNAL POLES
5 OWNED OR CONTROLLED BY THE CITY.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino is
9
hereby authorized and directed to execute, on behalf of said City, an Agreement relating to the
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installation of mobilelwireless communications facilities and related equipment in the public
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12 right-of-way and on certain streetlight poles and traffic signal poles owned or controlled by the
13 City, a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by
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reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above-referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
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7/17/01
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RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SITE MANAGEMENT
1 SERVICES, INC. RELATING TO THE INSTALLATION OF MOBILEIWIRELESS FACILITIES
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
5 held on the day of
meeting thereof
, 20_, by the following vote, to
6 wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
AMES F. PENMAN
25 ity Attorney
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POLEATTACHMENT AGREEMENT
THIS POLE ATTACHMENT AGREEMENT ("Agreement"), is made and entered into
day of , 20_, by and between
3 this
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"Permittee".
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the facilities to FCC-licensed mobilelwireless telecommunications companies ("FCC-
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Licensee(s)").
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15 mobilelwireless telecommunications facilities on certain streetlight poles and traffic signal poles
16 ("Poles") owned or controlled by the City.
17 NOW THEREFORE, the parties hereto agree as follows:
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exclusive right to use the Poles and underlying property more particularly described in each Site
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the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City",
and Site Management Services, Inc. (SMS), a California corporation, hereinafter referred to as
RECITALS
This Agreement is made and entered into with respect to the following facts:
(a)
Permittee is in the business of constructing mobilelwireless facilities and licensing
(b)
Permittee has requested permiSSIOn to install and license to FCC-Licensees
1.
Premises:
Subject to the following terms and conditions, the City hereby grants to Permittee, a non-
cknowledgment ("Site Acknowledgment") executed hereunder by the parties to erect, maintain
23 and operate mobile/wireless communication facilities. Hereinafter, the term "Site" shall refer to
24 ach property described in a Site Acknowledgment. Each Site Acknowledgment executed
25 ereunder shall be substantially in the form of Exhibit "A" and upon execution shall be deemed
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ttached to this Agreement and incorporated herein.
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EXHIBIT "1"
AGREEMENT - SMS
15.06-152
2.
Use:
The Sites may be used by Permittee for any lawfully permitted and licensed
the transmission and the reception of radio communication signals on various frequencies and
3.
Permit Approvals:
4.
Term:
The initial term of this Agreement shall be for a period of five (5) years,
commencmg on the date both the City and Permittee have executed said Agreement
("Commencement Date"). Permittee shall have the right to extend the term of the Agreement for
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5. Payments:
Permittee shall pay the City the sum of three hundred dollars ($300.00) for a
ocument preparation fee upon the Commencement Date of said Agreement. In the event the
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AGREEMENT - SMS
15.06-152
1 agreement is terminated as a result of testing as set forth in Paragraph 5(a), the City shall retain
2 the document preparation fee of $300.00 for work performed. Upon the Commencement Date,
3 Permittee shall pay the City an annual payment ("Payment") for the use of each Site, which
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shall be calculated in accordance with Exhibit "c" to this Agreement. Payment shall be paid to
the City at the address specified below. The Payment shall be due and payable on the effective
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7 date of each Site Acknowledgment, prorated to the next occurring July I, and thereafter
8 annually in advance on July 1 of each year. If the Payment or any portion thereof is not paid
9 within fourteen (14) days of receipt of notice of such delinquency, such amount shall accrue
10 interest at a rate of two percent (2%) per month until paid. Annual increases may be increased
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on each January 1 without further notice or public hearing by a percentage equal to the increase
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Inland Empire area, published by the United States Department of Labor, Bureau of Labor
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in the Consumer Price Index for all Urban Consumers in the Los Angeles-Orange County-
Statistics over the previous year or by an amount equal to three percent (3%) of the Payment
for the previous year, whichever is higher. Payments shall be directed to:
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City of San Bernardino
Development Services Department/Real Property Section
300 North "D" Street
San Bernardino, CA 92418
6.
Use Restrictions:
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transmission and the reception of radio communication signals on various frequencies, and the
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The Premises may be used by Permittee for any lawful activity in connection with
e provisions of mobilelwireless communications services, including without limitation, the
construction, maintenance and operation of related communications facilities. The City agrees to
26 cooperate with Permittee, at Permittee's expense, in making application for and obtaining all
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AGREEMENT - SMS
15.06-152
1 licenses, permits, and any and all other necessary approvals that may be required for Permittee's
2 intended use of the Premises, with preference for the usage of poles owned by the City.
3 7. Non-Exclusivitv:
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Permittee's use shall be non-exclusive and shall be subject to the City's use of the
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Sites. Nothing in this Agreement shall be deemed to grant or create any leasehold, easement, or
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7 other ownership interest in the Poles, Sites or other City property. Permittee's use shall be
8 subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances
9 and claims oftille that may affect the Sites. Except as permitted by law or this Agreement, in the
10 performance and exercise of its rights and obligations under this Agreement, Permittee shall not
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interfere in any manner with any telecommunications without the express written approval of the
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17 communications operations of Permittee. Permittee warrants that operations of the Facilities
18 comply with all laws, including but not limited to all FCC rules and regulations. The City
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disclaims any warranty, express or implied, as to the suitability of the Sites for the Facilities or
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22 weather, a traffic accident or other cause, other than as provided in Section 20 - Relocation, the
23 City's sole responsibility shall be to notify Permittee within a reasonable period of time.
owner or owners ofthe affected property provided the owners are in compliance with all Federal
Communications Commission (FCC) regulations. The City reserves the right to allow third
parties to also use the Sites provided that such uses comply with FCC rules and regulations and
other applicable laws and provided that such installation does not interfere with the
the absence of any interference with the operations of the Facilities. If a facility is damaged by
24 8. Imorovements:
25 (a) During the Term or any Renewal Term, Permittee has the right at its sole
26 cost and expense to construct, maintain and operate on the Sites radio communications facilities,
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AGREEMENT - SMS
15.06-152
1 and necessary related facilities (collectively known as "Facilities") as generally shown on
2 Exhibit "B" attached hereto. Permittee shall have the right (but not the obligation) at any time
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necessary tests ("Tests") and for the purpose of determining the suitability of the Permittee
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7 Facilities (as defined herein) for mobilelwireless communications operations. During any Tests,
8 Permittee shall have insurance as set forth in Paragraph 14 - Liability Insurance, and will notify
9 the City of any proposed tests, and will coordinate the scheduling of same with the City. If
10 Permittee determines that the Premises are unsuitable for Permittee's contemplated use, then
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Permittee will notify the City and this Agreement shall terminate. Permittee shall restore the
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15 for Permittee's communications operations and to install utility lines and transmission lines,
16 connecting antennas to transmitters and receivers, including, but not limited to, radio frequency
17 transmitting and receiving equipment. Plans and specifications for such work by Permittee shall
18 require prior written approval by the City before work may begin. Such approval shall not be
19 unreasonably withheld or delayed. In connection therewith, Permittee has the right to do all work
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necessary to prepare, add, maintain and alter the Premises for Permittee's business operations
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22 and to install utility lines and transmission lines connecting antennas to transmitters and
23 receivers. All of Permittee's construction and installation work shall be performed at Permittee's
24 sole cost and expense and in a good workmanlike manner. Permittee shall hold title to the
25 Permittee Facilities and any equipment placed on the Premises by Permittee. All of Permittee
26 acilities shall remain the property of Permittee and are not fixtures. Permittee has the right to
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prior to the Commencement Date, to enter the P:'emises for the purpose of making necessary
engineering surveys and inspections (and soil tests where applicable) and other reasonably
Premises to the condition it was in prior to conducting the Tests.
(b)
Permittee shall have the right to do all work necessary to prepate the Sites
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AGREEMENT - SMS
15.06-152
1 remove all Permittee Facilities at its sole expense on or before the expiration or earlier
2 termination of this Agreement. Permittee shall not make any material alterations to the Premises,
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or any part thereof, other than as set forth in this Paragraph 8 - Improvements, herein, without
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Premises pursuant to this section, including but not limited to Permittee Facilities, shall, upon
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7 termination of this Agreement, be removed from the Premises, and the land returned to its
8 previous state, excepting normal wear and tear, casualty, or damage caused by the City or the
9 City's agents, employees, or contractor's negligence, omissions or willful misconduct.
the prior written consent of the City. Any and all alterations and/or improvements made to the
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subcontractors, access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no
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14 egress from said Premises, and shall allow Permittee access from the nearest public roadway to
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17 officers, or contractors cause to said above ingress and egress area.
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22 contrary in this Agreement, Permittee may grant any rights and obligations it has under this
23 Agreement to FCC-Licensees for use of the Sites subject to this Agreement provided the FCC-
24 Licensee agrees in writing to assume and perform all of the terms and conditions of this
25 Agreement as to such FCC-licensee's facilities only. By execution of this Agreement and each
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(c)
The City shall provide to Permittee, Permittee's employees, agents and
charge to Permittee. The City represents and warrants that it has full rights of ingress to and
the Premises at all times, to the extent required to maintain, install and operate the Permittee
Facilities on the Premises. Permittee shall repair any damages Permittee, its agents, employees,
9.
Assignment and Licensing:
Permittee shall not assign this Agreement without the City's pnor written
approval, which approval shall not be unreasonably withheld. Notwithstanding anything to the
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AGREEMENT - SMS
15.06-152
1 Site Acknowledgment attached hereto, the City consents to such licensing and recognizes such
2 FCC-Licensee's rights under this Agreement.
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improvements hereinafter constructed on the Premises in good condition and repair, and shall use
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7 all reasonable precaution to prevent waste, damage or injury to the Premises. The City shall, at
8 any reasonable time, have the right to go upon the Premises upon seventy-two (72) hour prior
10.
Maintenance and Insoections:
Permittee shall, at Permittee's own cost and expense, keep and maintain all
9 notice to Permittee, and inspect and examine the same relative to such maintenance and upkeep.
10 Such inspections may be conducted in the accompaniment of an SMS employee or authorized
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representative.
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Permittee shall have the right to iustall utilities, at Permittee's expense, and to
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15 improve the present utilities on or near the Premises, subject to the City's approval of the
16 location, which approval shall not be unreasonably withheld. Permittee shall pay for all
17 electricity, gas, water, telephone service, and all other services and utilities, including service
18 installation fees and charges for such utilities used by Permittee during the term of this
11.
Utilities:
Liens and/or Encumbrances:
Permittee shall payor cause to be paid, all costs of construction and/or installation
23 f all improvements. Permittee shall keep the Premises free and clear of any and all claims
24 arising out of performance of work on Permittee's behalf, furnishing of materials on Permittee's
ehalf, and upon use of utilities by Permittee. This Agreement shall be subordinate to any lien,
ortgage or deed of trust currently on record against said Property.
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AGREEMENT - SMS
15.06-152
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may be levied against Permittee by virtue of the installation of Permittee's leasehold
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13.
Permits and Fees:
Permittee shall pay all license fees, assessments, taxes, penalties or fines which
improvements.
14.
Liabilitv Insurance:
Permittee agrees to procure and maintain III force during the term of this
8 Agreement and any extension, at its own expense, the following insurance in companies
(a)
On the Commercial General Liability policy that the City of San
(b)
The certificates will include the insurance company name, policy number,
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AGREEMENT - SMS
15.06-152
1 (d) That Permittee's insurance v'ilI be primaty to any coverage the City of San
2 Bernardino may have in effect.
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agents, boards, officers, employees, representatives or contractors, Permittee shall defend,
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7 indemnify, and hold harmless the City, its agents, boards, officers, employees, representatives, or
8 contractors against any and all claims, suits, damages for personal injury, including death,
9 property damage, demands, loss or liability of any kind or nature arising from the City's
10 approval of this Agreement or from Permittee's operations under this Agreement.
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14 possessory interest subject to property taxation, and that the Permittee may be subject to the
15 payment of property taxes levied on such interest. Permittee agrees to, and shall hold harmless,
16 the City from any and all liability for any such taxes due by virtue of Permittee's Facilities.
17 (b) The City warrants that it has full right, power and authority to execute this
18 Agreement. The City further warrants that Permittee shall have quiet enjoyment of the Premises
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during the term of this Agreement or any renewal thereof.
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23 governments in conducting its operations under this Agreement.
24 18. Most-Favored-Nation Clause:
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15.
Indemnification:
Except to the extent of the negligence or willful misconduct of The City or its
16.
Taxes/Possessorv Interest:
(a)
Permittee recognizes and understands that this Agreement may create a
17.
Comoliance with Laws:
Permittee shall not violate any applicable law of the City, State or Federal
Should Permittee, or any FCC-Licensee, after the parties' execution of this
greement, enter into a similar agreement (to place communications facilities on city-owned or
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AGREEMENT - SMS
15.06-152
1 controlled poles located in city streets and rights-of-way) with another municipality in the same
2 (Primary) Metropolitan Statistical Area as the City, which agreement contains fee provisions for
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such municipality that are superior to those in this Agreement, Permittee shall notify the City and
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or substantially similar superior fees relative only to that FCC-Licensee. If a price structure is
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7 substantially different (e.g., fee structure based on or including a percentage of gross revenues)
8 than the fixed fee pricing set forth in this Agreement is agreed to be Permittee, then Permittee
9 shall notify the City and the City shall have the right to require Permittee to modify this
10 Agreement to provide that type of pricing.
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14 shall not sublet the premises, or any part thereof, or assign this Agreement, without The City's
15 prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the
16 foregoing, Permittee may assign or sublet this Agreement to any subsidiaries, corporate affiliate
City shall have the right to require Permittee to modify this Agreement to incorporate the same
19.
No Sublease or Assignment:
Except as provided in Paragraph 9 - Assignment and Licensing, herein, Permittee
17 or successor legal entities of Permittee, or any purchaser of all, or substantially all, of Permittee's
18 stock or assets; provided, however, within thirty (30) days of such assignment or sublet,
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Permittee shall provide written notification to the City stating the name, address, contact person
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and any other pertinent information regarding said corporate affiliate or purchaser. Said written
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22 notification shall be sent to the City at the address specified in Section 28 - Notices.
23 20. Relocation:
24 The City shall, in good faith, use its best efforts to fully accommodate and allow
25 he continuing use of Sites or suitable substitute sites. In the event the City determines that a Site
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is needed for (a) the construction, completion, repair, relocation or maintenance of a City project;
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AGREEMENT - SMS
15.06-152
1 or (b) protection and preservation of public health and safety, the City shall provide Permittee
2 with written notice to relocate that Site. Within six (6) months of receipt of such notice from
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City for the above-stated reasons, or within such shorter period of time determined by the City if
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and/or remove the Facilities and repair and restore the public right-of-way and utilities. If the
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7 City paints the Poles, Permittee shall either remove the Facilities during the course of the
8 painting or grant the City permission to paint the Facilities. If a Site is damaged or destroyed,
reasonably necessary, the City may require Permittee, at its sole cost and expense, to relocate
9 the City shall use its best efforts to locate a suitable substitute site for Permittee to relocate its
10 Facilities or to place temporary facilities. The suitability of any substitute site shall be subject to
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Permittee's prior written consent, which consent shall not be unreasonably withheld.
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15 effective date of such termination, the City shall have the right of immediate occupancy of the
16 Premises in the event the other party violates any of this Agreement's terms or conditions, and
17 such violation is not corrected within thirty (30) days after written notice is sent by the non-
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breaching party, unless correction reasonably requires more than thirty (30) days, whereupon the
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breaching party diligently pursues the making of such corrections. Such termination shall not
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22 elieve either party from liability for damages for breach of this Agreement or for injury to the
21.
Default:
Either party shall have the right to terminate this Agreement, and upon the
breaching party shall have a reasonable time to make such corrections, provided that the
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storage, treatment or disposal of hazardous substances, hazardous materials or hazardous wastes.
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remises.
22.
Environmental:
The City represents that the Premises have not been used for the generation,
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15.06-152
1 In addition, The City represents that no hazardous materials, hazardous substances, hazardous
2 wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum or other fuels
3 (including crude oil or any fraction or derivative thereof) or underground storage tanks are
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located on or near the Premises. Notwithstanding any other provision of this Agreement,
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Permittee relies upon the representations stated hr-rein as material inducement for entering into
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7 this Agreement. Permittee shall not bring any hazardous materials onto the Premises except for
8 those contained in its back-up power batteries (lead-acid batteries) and common materials used
9 in telecommunications operations, e.g., cleaning solvents. Permittee shall treat all hazardous
10 materials brought onto Premises by it in accordance with all federal, state and local laws and
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regulations.
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15 signed by both parties. Failure on the part of either party to enforce any provision of this
16 Agreement shall not be construed as a waiver of the right to compel enforcement of such
23.
Amendment:
(a)
This Agreement may be amended or modified only by written agreement
17 provision or provisions.
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to any party, the remainder of this Agreement or the application of such provision to persons
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22 rovision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
24. Termination:
(b)
If any provision of this Agreement is invalid or unenforceable with respect
other than those as to whom it is held invalid or unenforceable, shall not be affected and each
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24 This Agreement may be terminated by Permittee or by The City, on thirty (30)
25 ays written notice as follows: (i) by either party upon a default of any covenant, condition or
26 erm hereof by the other party, which default is not corrected within thirty (30) days of receipt of
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1 written notice of default; (ii) by Permittee, if, despite reasonable commercial efforts, it does not
2 obtain or maintain licenses, permits or other approvals necessary to the construction or operation
3 of Permittee's Facilities; or (iii) by Permittee, if Permittee is unable to use the site because of
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economic, technological or environmental reasons or utilize the Premises due to a ruling or
directive of the FCC or other governmental or regulatory agency. If after the Commencement
Date, Permittee provides thirty (30) days written notice to the City of termination of this
8 Agreement due to economic or technological reasons as set forth in (iii), above, Permittee shall
9 pay the City an amount equal to six (6) months rent at the amount stated in Section 5 - Payments
10 of this Agreement, which shall be due and payable from the termination date as payment for such
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early termination.
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15 successors and permitted assignees of the respective parties.
16 (b) This Agreement shall be governed under the laws of the State of
25.
Miscellaneous:
(a)
This Agreement shall be binding on and inure to the benefit of the
t 7 California.
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Agreement shall be entitled to recover from the losing party all reasonable attorneys' fees and
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court costs, including appeals if any, in connection with that action. The costs, salary, and
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22 xpenses of the City Attorney and members of his office in connection with that action, shall be
23 onsidered as attorney's fees for the purpose of this Agreement.
24 (d) Upon request, either party may require that a Memorandum of Agreement
25 e recorded in the form of Exhibit "D".
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(c)
The prevailing party in any legal action to enforce any provision of this
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1 (e) This Agreement constitutes the entire Agreement and understanding
2 between the parties and supersedes all offers, negotiations and other agreements concerning the
3 subject matter contained herein. There are no representations or understandings of any kind not
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14 permit the use of any portion of The City's property in a way that interferes with the
15 communications operations of Permittee described in Section 4, above. Such interference with
16 Permittee's communications operations shall be d~emed a material breach by the City, and the
17 City shall have the responsibility to promptly terminate said interference. In the event any such
18 interference does not cease promptly, the parties acknowledge that continuing interference will
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cause irreparable injury to Permittee, and therefore, Permittee shall have the right to bring action
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o enjoin such interference or to terminate this Agreement immediately upon written notice to the
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22 City. Notwithstanding the foregoing, pre-existing communications operating in the same manner
23 as on the Commencement Date shall not be deemed interference.
set forth herein. Any amendments to this Agreement must be in writing and executed by both
parties.
26.
Interference with Communications:
Permittee's Facilities shall not disturb the communications configurations,
equipment and frequency which exist on The City's property on the Commencement Date ("Pre-
existing Communications"), and Permittee's Facilities shall comply with all non-interference
rules of the Federal Communications Commission ("FCC") and any conditions set forth by
Planning and Building, regarding the City's public safety transmissions. The City shall not
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AGREEMENT - SMS
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1 28. Notices:
2
All notices given in connection with this Agreement shall be in writing and
3
delivered in person or sent by overnight carrier or certified mail, postage prepaid, addressed as
1 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
2 set forth at the beginning of this Agreement.
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9 ArrEST:
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12 Rachel Clark, City Clerk
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21 Approved as to form
d legal content
22 AMES F. PENMAN,
23 City Attorney
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7/09/01 16
CITY OF SAN BERNARDINO,
a Municipal corporation
Judith Valles, Mayor
Site Management Services, Inc.,
a California corporation
By:
By:
AGREEMENT - SMS
15.06-152
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SITE ACKNOWLEDGMENT
This Site Acknowledgment Number , effective
20 , is governed by the terms and conditions of the Pole Attachment Agreement entered
into between Site Management Services, Inc. (SMS), a California corporation and the City of
San Bernardino, a California municipal corporation, dated
20 , and is incorporated herein by this reference.
1. Term:
The term of this Site Acknowledgment shall commence on the date SMS begins
construction of SMS's Facilities on the Site, or ,20
whichever is earlier ("Commencement Date").
2. Site:
The Site under this Site Acknowledgment is located on Pole No.
located on the property commonly known as
and is more specifically described and depicted on the construction plans included as an
Attachment to this Site Acknowledgment.
3. Design Category:
Fee for this Site is based upon the following design categories allowed at this Site as
shown as Exhibit "c" attached to the Pole Attachment Agreement.
4. Fee:
Design Category:
Pole Fee:
The Design Category, together with the Pole Fee as applicable, shall be an annual sum
of Dollars ($ .00), due under this Site Acknowledgment.
EXHIBIT" A"
1 5.
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Suhlicensee:
The Sublicensee under this Site Acknowledgment is:
IN WITNESS WHEREOF, the parties have executed this Site Acknowledgment as
of the date first above written.
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City of San Bernardino,
a municipal corporation
Site Management Services, Inc.
a California corporation
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Approved as to form
and legal content
JAMES F. PENMAN,
City Attorney
By:
EXHIBIT B
EQUIPMENT DESIGN CATEGORIES
The attached drawings and depictions are of the design categories allowed under this Agreement
I. Residential Microsite.
2. Commercial Microsite.
3. Multiple Commercial Microsite.
Such designs and pictures are illustrative only. The final approved designs shall be those
mutually approved by the City and Permittee.
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STREET LIGHT
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EXHIBIT C
FEE SCHEDULE
1. The Fee for each Site shall be based upon the type of equipment installed at the Site and the height of the pole
upon which SMS is allowed to place its antennas.
2. The Base Fee for each Site shall be calculated as follows:
Design Category + Pole Fee" = Base Fee
" Pole Fee only applicable where City-owned pole is utilized.
Desim Cate..orv Fees
Residential MicroSite* $ 1,297 per year
Microcell BTS unit, Antenna(s), Network Interface Unit,
and Electric Meter and Breaker
Commercial MicroSite* $2,595 per year
BIS cabinet, Antennas, Network Interface Unit, and
Electric Meter and Breaker
MultiDle Commercial MicroSite* $5,190 per year
Multiple BIS cabinets, Antennas, Network Interface
Unit, and Electric Meter and Breaker
* These descriptions illustrate the characteristics of the proposed Site. The parties understand and
agree that each Site is unique and may incorporate different equipment which is similar in size and
appearance to the above illustrations. The actual equipment to be deployed will be more
specifically described and depicted on construction drawings approved by the City.
Additional Fees
$ 1,297 ar
$2,920 ar
$5,514
" Pole Fee is only applicable where a City-nwned pole is utilized.
"" Pole Height is measured from the highest point on the pole.
3. Beginning January I, 2002, the Base Fee shall be adjusted annually on each January 1st at the rate of three
percent (3%) as provided in the Pole Attachment Agreement.
1 MEMORANDUM OF AGREEMENT
2 TIllS MEMORANDUM OF AGREEMENT ("Memorandum") is executed as of the
3 day of , 20 , by and between THE CITY OF SAN BERNARDINO, a
4 Municipal corporation ("City"), and Site Management Services, Inc., a California corporation, also
5 known as SMS, hereinafter referred to as "Permittee".
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18
19 agreed to hire the Premises from the City, subject to the terms, covenants and conditions contained in the
20 Pole Attachment Agreement and Site Acknowledgment.
21 2. EXDiration Date: The term of the Agreement ("Term") is scheduled to commence
22 on the Commencement Date, and shall expire five (5) years thereafter, subject to Lessee's option to
23 extend the Term pursuant to Paragraph 4 - Term, of the Agreement for five (5) additional terms of five
24 (5) years each.
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RECITALS
WHEREAS, the City and Permittee have executed that certain Pole Attachment Agreement
("Agreement") dated as of , 20_ ("Commencement Date"), subject to
specific terms and conditions granted by the City, covering certain premises ("Premises"), in certain real
property located in the City of San Bernardino, County of San Bernardino, State of California. A Site
Acknowledgment will be executed for each site approved individually by the City incorporated herein by
this reference; and
WHEREAS, City and Permittee desire to record notice of the Agreement in the Official Records
of San Bernardino, County, Califomia;
NOW, THEREFORE, in consideration of the foregoing, City and Permittee hereby declare as
follows:
1.
Demise:
City has agreed to lease certain Premises to Permittee and Permitte has
SMS - 15.06.152
Exhibit "D"
1 3. Al!reement Controllinl!: This Memorandum is solely for the purpose of giving
2 constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and
3 this Memorandum, the terms of the Agreement shall control.
4 IN WITNESS WHEREOF, the City and Permittee have executed this Memorandum of
5 Agreement as of the date and year first written above.
6
7
8
9
10
11 A TIEST:
12
13
Rachel Clark, City Clerk
14
15
16
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18
19
Approved to form
20 and legal content:
CITY OF SAN BERNARDINO,
a Municipal corporation
Judith Valles, Mayor
Site Management Services, Inc.
a California corporation
By:
21 James F. Penman,
City Attorney
22
23
24
25
26
27
28
By:
2
Memo Agreement - SMS
SMS - 15.06.152
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