Loading...
HomeMy WebLinkAboutNew Cingular Wireless PCS, LLC 2015-04-27i A 1 i . Market: Northern California Cell Site Number: CNU0915 Search Ring Name: Ukiah Downtown Cell Site Name: Ukiah DT Police (CA) Fixed Asset Number: 10129956 Access Agreement between New Cingular Wireless PCS, LLC And City of Ukiah 0 C t- WO. t'I i S- I X13 This Access Agreement (the "Agreement") is entered on , 2015 ("Effective Date"), in Ukiah, California between New Cingular Wireless PC , LLC, a Delaware limited liability company, ("New Cingular"), and the City of Ukiah, a California general law municipal corporation ("City") which is the owner of real property located at 300 Seminary Ave., Ukiah, California (the "Property") RECITALS. 1. New Cingular is undertaking due diligence investigation of the Property to obtain information to evaluate the suitability of the Property for the construction of a PCS cellular communications tower and for the design of the tower. 2. The Property is part of the City's Civic Center and its public safety department, including its police department. 3. The purpose of this Agreement is to allow New Cingular and its authorized representatives, contractors, and sub -contractors access to and use of the Property for the purpose of performing the Work (defined below) without unduly interfering with the City's use of and operations on the Property and surrounding areas. Hereafter, all references to "New Cingular" include its authorized representatives, contractors and subcontractors. 5. This Agreement allows for New Cingular to enter the Property to perform the Work, subject to the terms and conditions of this Agreement. AGREEMENT. In consideration of the above -recited facts and the terms and conditions as further stated herein, the parties agree as follows: 1. Right of Entry, Inspection and Sample Gathering During the term of this Agreement, City hereby grants New Cingular a right of access and use and authorizes New Cingular to enter the Property in order to perform the Work. In so doing New Cingular shall comply with Section 5(k)(ii) of the Second Amendment to License Agreement between New Cingular and City, dated as of May 21, 2013 ("Second Amendment"), understanding that references therein to the "Licensed Premises" shall refer in this Agreement to the Property; provided, however, that a deposit shall not be required pursuant to subsection 5(k)(ii)D. The City may charge New Cingular for the City's actual and reasonable costs to review plans, and supervise and inspect work performed by New Cingular pursuant to this Agreement. New Cingular shall reimburse City for such costs within thirty (30) days following New Cingular's receipt of the City's invoice and reasonable substantiation for such costs. The City does not intend to charge New Cingular for such services, unless the time required of its employees becomes burdensome or excessive in the City's reasonable judgment. A copy of Section 5(k)(ii) is attached hereto as Exhibit 1. 2. Term. The term of this Agreement begins on the Effective Date and shall expire on the date that is sixty (60) days following the Effective Date, unless earlier terminated as provided in paragraph 10, below. 3. Work to be Performed. The "Work" means soil testing, including boring and extracting soil samples. The soils test will require New Cingular to call for an underground utility search to determine if any utilities be in the immediate area and that they are marked before any drilling is done. The drilling will consist of an approximate 8" diameter hole not to exceed 40 feet deep with soils samples taken at certain intervals. When the drilling and testing is complete, the soil/trailings shall be put back and the drill site returned to its condition existing as of the date that such Work commences. New Cingular shall provide everything necessary to perform and complete the Work. New Cingular shall have sole responsibility for the Work performed and shall be responsible for directing and controlling the manner and means of accomplishing the Work. 4. Notification and Coordination. New Cingular and the City will coordinate New Cingular's access to the Property with the goal of providing adequate access for the purposes of this Agreement without undue interference with the day-to-day operation of the City at the Civic Center. 4.1 For purposes of this coordination, City designates Police Captain Trent Taylor, telephone number (707) 463-6247, cell phone number (707)272-1365, email address ttaylor@cityofukiah.com as the City's primary contact at the Civic Center. City may designate a different representative by written notice to New Cingular. New Cingular designates Frank Schabarum, telephone number (530)722-0743, cell phone number (619)743-0309, email address frank.schabarum@sbcglobal.net as the City's primary contact with New Cingular. New Cingular may designate a different representative by written notice to the City. 4.2 Through their designated representatives the parties shall keep each other informed on a timely basis of their respective needs and of any problems or conflicts that arise during the temporary right of access to the Property. New Cingular and the City will use their best efforts to address satisfactorily any concerns or problems that arise during performance of the Work. 5. Applicable Law and Regulations. in exercising its rights under this Agreement, New Cingular will comply with all applicable laws, statutes, regulations, ordinances, or directives of whatsoever nature with respect to the Work including, without limitation, all health, safety, and environmental laws, directives, ordinances, regulations, or statutes applicable to the Work. 6. Restoration. Upon completion of any and all activities required for the Work, New Cingular shall repair and restore any areas of the Property disturbed or damaged by the Work or New Cingular's access to the Property and shall restore the Property to its original condition existing before commencement of the Work, or as close thereto as is reasonably possible. Access Agreement 7. Indemnification and Insurance. New Cingular will indemnify the City for any damage to the Property or any person or property present on the Property caused by the Work performed by New Cingular without regard to fault, including negligence or other wrongful conduct by New Cingular while performing pursuant to this Agreement, except to the extent caused by the negligence or willful misconduct of City or any of its agents, employees or contractors. New Cingular will indemnify and defend the City against any claim by a third party against City for damages or personal injuries, including death, which damages are caused by New Cingular in performing under this Agreement, except to the extent caused by the negligence or willful misconduct of City or any of its agents, employees or contractors. Notwithstanding the foregoing, City agrees that New Cingular shall not be responsible or liable for any environmental conditions or hazardous materials existing in, under or upon the Property as of the Effective Date, except to the extent exacerbated by New Cingular, or its employees, agents or contractors. New Cingular will provide proof of comprehensive general or commercial liability insurance or comparable coverage providing the equivalent of insurance coverage to New Cingular. The City shall be included as an additional insured under that policy. New Cingular shall provide City with a certificate of insurance evidencing City is included as an additional insured. The scope and type of insurance shall comply with Section 7 of the Second Amendment. New Cingular shall provide City with written notice of any cancellation of any required coverage that is not replaced and shall renew insurance certificates as they expire. 8. Entire Understanding. This Amendment, sets forth the entire unders subject matter of this Access Agreement this Agreement. 9. Modification. shall be binding upon 10. Termination. Either part Agreement by the other party, if t (10) days after a written notice to Section 11, Notice below. Such AN required to cure the material del terminated immediately upon wr party. New Cingular's obligation: is terminated for any reason. luding the references herein to the Second New Cingular and the City with respect to the all prior negotiations and dealings pertaining to lition to, or waiver of any of the provisions of this Agreement it is established in writing and signed by each party. terminate this, Agreement based on a material default of the r in material default fails to cure the material default within ten .terially defaulting party from the other party is effective under otice must describe the material default and the actions, if any, the material default is not curable, this Agreement may be tice of termination from the non -defaulting party to the other paragraphs 6 and 7 shall remain in effect after this Agreement 11. Notice. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to City: City of Ukiah Attention: City Manager 300 Seminary Road Ukiah, CA 95482 Fax: (707)463-6204 Email: klawler@cityofukiah.com If to New Cingular: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: CNU0915 Search Ring Name: Ukiah Downtown Cell Site Name: Ukiah DT Police (CA) Fixed Asset No: 10129956 575 Morosgo Drive NE Suite 13F, West Tower Atlanta, GA 30324 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Department — Network Operations Re: Cell Site #: CNU0915 Search Ring Name: Ukiah Downtown Cell Site Name: Ukiah DT Police (CA) Fixed Asset No: 10129956 208 S. Akard Street Dallas, TX 75202 12. Access Agreement. This signed Access Agreement was executed on the Effective Date. "City" City of Ukiah, a California general law municipal corporation By:�,.�, Jane Chambers C't Man germs Dat : /.S , 2015 "New Cingular" New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By:1411�vll Name: M-1dwa—ei Gulbord Its: Director Date: C ®nstrudan& Engineed0g5 [ACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES] Access Agreement CITY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. .Rtate County of M QV lad C `/Vo ) On rix? 1 L- �2 7 r t before me, kg i STI A -r-7 A/erA-P-lt' PK d l - t G , (insert name and title of the officer) personally appeared CHA14&5ps who proved to me on the basis of satisfactory evidence to be the person(*whose name i are subscribed to the within instrument and acknowledged to me that hQ sh they executed the same in hi their authorized capacity), and that by hi their signature(NN on the instrument the person(, or the entity upon behalf of which the personpo acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature KRISTINE ROBIN LAWLER COMM. #1998485 Z ew Notary Public • California o Mendocino County Comm. 'res Nov. 17, 2016 (Seal) NEW CINGULAR ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ;tate of California County of���� ) On _iV O before me, fq 1'1'1.' }�� /t�'F)fi��� 2) (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�/ �� (Seal) IL X 1 tZpmnl8til0n i► 79Y'fA�7 -� 1+ wy PUNC - Coftmt z Contis Cotta County M Conte►. Ex f*g On 28 2018 Access Agreement EXHIBIT I SECTION 5(k)(ii) OF SECOND AMENDMENT apdLRSp airs. (ii) Not less than seventy-two (72) hours before commencing any work on the Licensed Premises or on any other City, property, whether Licensee uses its own employees or independent contractors or is authorizing a Sublicensee to commence any work on the Licensed Premises, Licensee shall: A. Provide City, with written notice of the name and contact information for the Licensee's employee authorized to request access to the Premises on behalf of Licensee. All requests for access to the Premises must come from an employee of Licensee, and the City reserves the right in City's discretion to deny access to the Premises from a vendor or contractor of Licensee until and unless a written request for access is provided from an employ,cc of Licensee. The City and the City's Police Department shall provide Licensee with the name and email address of the designated official to grant requests for access at the beginning of each year or any time there is a change in the designated official. 13_ File with the City's Police Department a detailed description of the location where the work will be performed, the specifications for the work, the name, contact information and scope of work to be performed by each subcontractor, number of people requiring access to the Premises with their names, phone numbers and company information, and a schedule for and d completing the work, , n and the schedule; B. Receive approval from the City's Police Department for the work. C_ Apply for and obtain any building or other applicable pen-nitS required by the Ukiah City Code, including building permits, site development or use permits and encroachment permits; ; D. Deposit with the City money to cover the City's Costs in reviewing and approving the work plan and in supervising and inspecting the work or the work areas. The amount of the deposit shall be determined by the City's Polite Department based on the City's estimate of the time required of City employees multiplied by an hourly rate for the employees' time to include cost of salaries, benefits and associated overhead, and any other expenses incurred by City in performing these services. Within thirty (30) days after Licensee's receipt ofwrittennotice and invoice from City of the actual cost of such service, accompanied by, reasonable substantiation of any such cost and expense, any portion of the deposit that exceeds the actual cost shall be refunded to Licensee- Within that same thirty (30) day period, Licensee shall pay City any portion of the actual cost that exceeds the amount oftbe deposit, F, Those accessing the Premises to perform work must check in at the pre -arranged time at the front counter of the, City's Police Department and have with them the necessary codes and keys to access the Premises. They must have in their possession and produce upon demand verifiable identification and proof of employment with the company that has been granted pre-,arr oed access. F, In the event emergency access is needed for equipment failure or malfunction those needing access must come to the City's Police Department Night Entrance and gain approval for access from the on -duty -Police Watch Commander and be prepared to demonstrate ideritity as slated in E above. G, Access for regular equipment maintenance or inspection may be granted to specific persons by presenting an annual schedule in advance at the beginning of each calendar year to the Ukiah Police Department for consideration and approval, HAll access, any time, regardless of the reason, by each person and company accessing the Premises must be legibly logged in with each persons name, company name, valid contact information and the date, time and reason for access in the Licensee's log book stored in the lower shelter. The log book shall remain in the tower shelter and not be removed without prior approval of the City's Police Department. 1, In addition to any other remedies available to the City to enforce the requirements of this Agreement, failure to comply with any of the above listed access requirements may be cause for the City's Police Department to deny future access to Licensee's vendor which violates these procedures or to remove from the Premises or arrest those persons who the City's Police Department have probable cause to believe to be trespassing on the City's Property.