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2013/07/23 City Council Resolution 2013-112RESOLUTION NO. 2013 -112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE ANTENNA SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, FOR A TELECOMMUNICATION TOWER LOCATED AT NORTHERN FIRE STATION, 5200 COUNTRY CLUB DRIVE (143- 311 -054) WHEREAS, on August 9, 2005, the City Council adopted Resolution No. 2005 -243 authorizing execution of an antenna site license agreement with New Cingular Wireless for the purpose of providing wireless telecommunication services; and WHEREAS, on May 10, 2012 the Planning Commission adopted Planning Commission Resolution No. 2012 -12 approving conditional use permit for modification of an existing cellular antenna tower at 5200 Country Club Dr. (APN 143 -311 -054); and WHEREAS, the May 10, 2012 Planning Commission approval requires under condition of approval number 9 that, "The existing Antenna Site License Agreement with the City of Rohnert Park shall be amended to address the proposed modifications ". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve a first amendment to the Antenna Site License Agreement by and between New Cingular Wireless PCS, LLC, a Delaware limited liability company, and the City of Rohnert Park, a municipal corporation, which amendment is attached hereto as Exhibit A and incorporated by this reference. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the agreement attached hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this 23`d day of July, 2013 nne Buergler, City Clerk Attachment — Exhibit A CITY OF ROHNERT PARK Pam Stafford, Mayo AHANOTU: _ BELFORTE: AWS �N' 4 MACKENZIE: A Yi- CALLINAN: M In.. STAFFORD: AYE AYES: ( LJ ) NOES: ( 0 ) ABSENT: ( I ) ABSTAIN: ( () ) Cell Site #: CCL00556 Roger Wilco Market Market: FSA 8 San Francisco Say Area Fixed Asset #10101962 Cell Site Property Address: 5200 Country Club Dr., Rohnert Park, CA 94928 FIRST AMENDMENT TO ANTENNA SITE LICENSE AGREEMENT THIS FIRST AMENDMENT TO ANTENNA SITE LICENSE AGREEMENT (the "Amendment "), dated as of the later of the signature dates below (the "Amendment Effective Date "), is by and between CITY OF ROHNERT PARK, having a mailing address of 130 Avram Avenue, Rohnert Park, CA 94928 (hereinafter referred to as "Licensor ") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company, having a mailing address of Suite 13 -F West Tower, 575 Morosgo Drive NE, Atlanta, GA 30324 (hereinafter referred to as "Licensee "). WHEREAS, Licensor and Licensee entered into an Antenna Site License Agreement dated August 9, 2005 (the "Agreement "), whereby Licensor licensed to Licensee certain Premises, therein described, that are a portion of the Property located at 5200 Country Club Drive, Rohnert Park, CA 94928 (the "Premises "); and WHEREAS, Licensor and Licensee desire to amend the Agreement to allow for the installation of new LTE technology antennas and accessory components by replacing the description of the Premises contained in the original exhibit marked Exhibit B with a new revised Exhibit B -1 attached hereto and approved by both parties; and WHEREAS, Licensor and Licensee desire to adjust the License Fee in conjunction with the modifications to the Agreement contained herein; and WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to add, modify and /or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 cominunication services; and WHEREAS, Licensor and Licensee desire to amend the notice provisions of the Agreement; and WHEREAS, Licensor and Licensee presently desire to amend, modify and supplement the Agreement subject to the terms and conditions set forth below. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows: 1. Replacement of Exhibits. Section 1 (Premises) of the Agreement is hereby amended as follows: the parties hereby agree that Exhibit B to the Agreement is deleted in its entirety and is replaced and superseded by Exhibit B -1 attached hereto and incorporated herein. Licensor's execution of this Amendment will signify Licensor's approval of Exhibit B -1. All references in the Agreement to Exhibit B or to the Premises shall be deemed to reference Exhibit B -1. Exhibit C is hereby amended to add three (3) antennas (approximate dimensions each: 51 "h x 12 "w x 6 "d) for a total of nine (9) antennas as further depicted on Exhibit B -1. 2. License To Use. Section 2(a) is hereby revised to reflect an increase in the number of antennas from six (6) to a total of nine (9), as further described on the attached Exhibit B -1. CCL00556 Roger Wilco Market 3. License Fee. Section 5 of the Agreement is hereby amended by the addition of the following: PAYMENTS. Commencing on the date of Licensee's building permits for construction of the modifications set forth in this Amendment (the "License Fee Adjustment Date "), the License Fee shall be increased by One Thousand Three Hundred and No /100 Dollars ($1,300.00) per month, subject to further adjustments as provided in the Agreement and due to Licensor on the same date as the then current License Fee is due. The License Fee shall be prorated for any partial month. All License Fee checks shall be made payable to City of Rohnert Park and mailed to the address given in Paragraph 1 above unless and until otherwise instructed in writing by Licensor. 4. Emery�eney 911 Service. In the future, without the payment of additional License Fees and at a location within the Premises mutually acceptable to Licensor and Licensee, Licensor agrees that Licensee may add, modify and /or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. Licensor and Licensee hereby agree that additional License Fees shall be due to Licensor for the use of any new or existing equipment or facilities that require the use of space outside the existing Premises. 5. Notices. Section 28 of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications 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 Licensor: City of Rohnert Park Attn: Director of Administrative Services 130 Avram Avenue Rohnert Park, CA 94928 If to Licensee: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: CCL00556; Cell Site Name: Roger Wilco Market (CA) Fixed Asset No: 10101962 575 Morosgo Drive NE Suite 13 -F, West Tower Atlanta, GA 30324 With a required copy of such notice sent to AT &T Legal at: New Cingular Wireless PCS, LLC AT &T Legal Department — Network Operations Attn: Network Counsel Re: Cell Site #: CCL00556; Cell Site Name: Roger Wilco Market (CA) Fixed Asset No: 10101962 208 S. Akard Street Dallas, Texas, 75202 -4206 CCL00556 Roger Wilco Market LICENSOR: The City of Rohnert Park By: Its: Address for Notices: APPROVED AS TO FORM: City Attorney ATTEST: JoAnne Buergler, City Clerk A copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 6. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 7. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below. LICENSOR: CITY OF ROHNERT PARK By: Print Name: Title: Date: CCL00556 Roger Wilco Market LICENSEE: NEW CINGULAR WIRELESS PCS, LLC By: AT &T Mobility Corporation Its: Manager By: Print Name: Michael Gulbor0i Director Title: Construction & Engineering Date: STATE OF CALIFORNIA COUNTY OF On LICENSOR ACKNOWLEDGEMENT before me, ss. (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. (SEAL) Notary Public My conunission expires: LICENSEE ACKNOWLEDGEMENT STATE OF CALIFORNIA ss. COUNTY OF J�S6-,ieaG, On �¢ , ��i� D -<z> k, D before me; �2 Gb dpi 4a 11 (insert name and title of the officer personally appeared 1 i l I C C i� �l.t� GJ —'V-CI , who proved to me on the basis of satisfactory evidence to be the person(8�whose name(s) is /afo subscribed to the within instrument and acknowledged to me that he /she� executed the same in his /he• authorized capacity(ins), and that by his /hegtheir signaturejs) -on the instrument the persono) —, or the entity upon behalf of which the person(s)wacted, 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. Witnes my hand and official seal. ,• DEBRA A. 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