2025/09/09 City Council Resolution 2025-067 RESOLUTION NO. 2025-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE SECOND AMENDMENT TO THE ANTENNA SITE LICENSING
AGREEMENT WITH NEW CINGULAR WIRELESS PCS,LLC, FOR A
TELECOMMUNICATION TOWER LOCATED AT NORTHERN FIRE STATION AND
FINDING THE AMENDMENT CATEGORICALLY EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTIONS 15061(b)(3) AND 15301
WHEREAS; the City of Rohnert Park owns Assessor's Parcel Number 143-311-054,
commonly known as Fire Station#2 or Northern Fire Station, 5200 Country Club Drive, Rohnert
Park; and
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 ("Agreement"); and
WHEREAS,on July 23, 2013, the City Council adopted Resolution No. 2013-112
approving the First Amendment to the Agreement approving equipment upgrades and update of
site and equipment drawing exhibits to the Agreement; and
WHEREAS, on August 8, 2018,the City agreed to allow AT&T to replace Exhibit B-1
of the Agreement with updated plans dated June 7, 2018 showing equipment and site upgrades;
and
WHEREAS,the City and New Cingular Wireless (AT&T) desires to extend Agreement;
and
WHEREAS, the City has negotiated a license fee commensurate to the City's other site
license agreements with other telecommunications carriers for the use of public property; and
WHEREAS, license fee payments for the use of public property by New Cingular
Wireless PCS, LLC, will provide revenues to fund city services as well as improve the level of
telecommunications services available to citizens and businesses of Rohnert Park; and
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby find and determine that this action is exempt from the California
Environmental Quality Act (CEQA)pursuant to CEQA Guidelines sections 15061(b)(3) and
15301.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Second Amendment to the Agreement(Exhibit A) and related documents
pertaining to same for and on behalf of the City of Rohnert Park, in a form approved by the City
Attorney, with minor revisions that may be approved by the City Manager and City Attorney as
necessary to effectuate the purpose of this Resolution.
DULY AND REGULARLY ADOPTED this 9th day o September, 2025.
CITY ' O NERT PARK
ATTEST: - �! ayor
Elizabeth Machado, Assistant City Clerk
APPROVED AS TO FORM:
Michelle M. Kenyon, City Attorney
Attachments: Exhibit A
ELWARD: Prvic, RODRIGUEZ: "�1e. SANBORN: 'ALiG GIUDICE: 2 ADAMS: IrttlL
AYES: ( $ ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ifs )
Resolution 2025-067
Page 2 of 2
4908-8444-6799 v1
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SECOND AMENDMENT TO ANTENNA SITE LICENSE AGREEMENT
THIS SECOND AMENDMENT TO AN TENNA SITE LICENSE AGREEMENT
(“Second Amendment”) dated as of the later date below is by and between CITY OF ROHNERT
PARK, having a mailing address at 130 Avram Avenue, Rohnert Park, CA 94928 (hereinafter
referred to as “Licensor”) and New Cingular Wireless PCS, LLC, having a mailing address at 1025
Lenox Park Blvd NE 3rd Floor Atlanta, GA 30319 (hereinafter referred to as “Licensee”).
WHEREAS, Licensor and Licensee entered into a Antenna Site License Agreement dated
August 9, 2005, as amended by the First Amendment to Antenna Site License Agreement dated
July 25, 2013, and with site modifications depicted on plans dated June 7, 2018 and attached to
letter dated August 2, 2018 in which the City indicated consent (hereinafter, collectively referred
to as 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,
California 94928; and
WHEREAS, the parties mutually desire to renew the Agreement, memorialize such
renewal period and modify the Agreement in certain other respects, all on the terms and conditions
contained herein; and
WHEREAS, Licensor and Licensee desire to amend the Agreement to extend the term of
the Agreement; and
WHEREAS, Licensor and Licensee desire to amend the Agreement to adjust the License
Fee in conjunction with the modifications to the Agreement contained herein; and
WHEREAS, Licensor and Licensee desire to amend the Agreement to modify the notice
section thereof; and
WHEREAS, Licensor and Licensee, in their mutual interest, wish to amend the Agreement
as set forth below accordingly.
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 that the recitals set forth above are incorporated herein as if set forth in their entirety
and further agree as follows:
1. License Premises; Replacement of Exhibits. The License Premises as of the Effective Date
(defined below) of this Amendment are the existing three (3) Slimline Monopoles Seventy
Five Feet (75’) in height each (hereafter, the “Monopoles”), containing three (3) antennas with
rad center at 59’AGL, and three (3) antennas with rad center at 65’ AGL and three (3) antennas
with rad center at 72’ AGL (hereafter, the “Rad Centers”), for a total of up to nine (9) antennas,
and a total of up to of twelve (12) DTMA’s also at said Rad Centers; existing power and fiber
optic runs through the Property to the Premises, and ground space measuring 18’8”l x 13’8”w
for AT&T’s base transceiver equipment and ground space measuring 31’l x 16’w for AT&T’s
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4908-8444-6799 v1
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Monopoles; all as depicted on drawings dated 6/7/2018, attached hereto as Exhibit B-1
(hereinafter “Premises”). In accordance with the terms of the Agreement, any increases to (a)
height and/or diameter of the Monopoles, or (b) any increase in number of antennas or RRU’s,
or (c) any increases to number of cable or conduit in the ground requiring new trenching or
boring to the Premises, or (d) any increases to the amount of ground space, shall be subject to
the approval of Licensor. In the event such approval is granted by Licensor, any such increases
in the Premises shall be documented in a future License amendment with License Fee increases
to be agreed upon by both parties and new exhibit drawings that shall replace the existing
drawings attached hereto.
2. Extension of Term. The Term of the Agreement shall be extended to provide that the
Agreement has a new extension term of five (5) years (“New Extension Term”) commencing
on October 4, 2025 (this date is also defined as the “Effective Date”). As of the commencement
of the New Extension Term, the existing Term and any extensions thereof, as applicable, shall
be void and of no further force or consequence. The Agreement will automatically renew,
commencing on the expiration of the New Extension Term, for up to three (3) separate
consecutive additional periods of five (5) years each (each such five (5) year additional period
is hereinafter referred to as an "Additional Extension Term" and each such Additional
Extension Term shall be considered an Extension Term under the Agreement), upon the same
terms and conditions of the Agreement, as amended herein, unless Licensee notifies Licensor
in writing of Licensee’s intention not to renew the Agreement at least one (1) year prior to the
expiration of the New Extension Term or the then current Additional Extension Term. The
New Extension Term and the Additional Extension Term are collectively referred to as the
Term ("Term"). Licensor agrees and acknowledges that except that as such permitted use or
other rights as amended herein, Licensee may continue to use and exercise its rights under the
Agreement as permitted prior to the New Extension Term subject to termination rights as
described in Paragraph 8 (Permanent Relocation of Licensee’s Site Equipment) below.
3. Modification of License Fee. Commencing on October 4, 2025 (the Effective Date), the
License Fee payable under the Agreement shall be Six Thousand and No/100 Dollars
($6,000.00) per month and shall continue during the New Extension Term, subject to
adjustment as provided herein. In the event of any overpayment of License Fee prior to or
after the Effective Date, Licensee shall have the right to deduct from any future License Fee
payments an amount equal to the overpayment amount.
4. Annual License Fee Increase Payments. The Agreement is amended to provide that
commencing on October 4, 2026, the License Fee shall increase by Four percent (4.00%) over
the License Fee paid during the previous year and on an annual basis on each October 4 during
all Term(s) and/or Additional Extension Terms thereafter.
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.
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4908-8444-6799 v1
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As to Tenant:
New Cingular Wireless PCS, LLC,
c/o AT&T Network Real Estate Administration,
Cell Site #: CCL00556, Cell Site Name: Roger Wilco Market (CA)
Fixed Asset No: 10101962
1025 Lenox Park Blvd NE
3rd Floor
Atlanta, GA 30319
With a required copy to:
Attn.: AT&T Legal Department,
New Cingular Wireless PCS, LLC,
Re: Cell Site #: CCL00556, Cell Site Name: Roger Wilco Market (CA),
Fixed Asset No: 10101962
208 S. Akard Street
Dallas, TX 75202-4206
As to Licensor:
City of Rohnert Park
Attn: Director of Public Works
130 Avram Avenue
Rohnert Park, CA 94928
6. Possessory Interest. It is acknowledged that it is not the intention of the parties to create any
possessory interest or tenure by the Licensee in any property of the City; however, the License
Agreement may create or cause to be created a possessory interest in public land within the
meaning of Revenue and Taxation Code Section 107.6. In the event such possessory interest
is created, or is alleged by the County Assessor to be created, Licensee may be subject to the
payment of property taxes levied on such possessory interest. Licensee hereby agrees to pay
any such property taxes levied and all other lawful taxes, assessments, or charges which may
at any time be levied as a result of Licensee’s use of City property, without waiving Licensee’s
right to appeal or challenge the amount of any property tax assessment with the taxing authority
and to indemnify, defend, and hold harmless the City with respect to any claims arising out of
the same.
7. Licensee’s Continuing Duties for Radio Frequency Emissions Safety. The parties
acknowledge and agree that it is Licensee’s sole and exclusive duty at Licensee’s sole cost and
expense to comply with all RF safety related regulations and codes under applicable Law.
Licensee’s RF emissions at the Property shall at all times comply with the applicable FCC
rules for environmental safety, and specifically to 47 C.F.R. § 1.1307 et. seq. as it may be
amended or superseded. When the Licensor or its designees must access the Property to
perform work near the antennas, Licensor will give notice to Licensee’s Network Operations
Center (“NOC”) by telephone at (800)832-6662 and Licensee shall, during the period of the
Licensor’s or its designees entry into the such areas of the Property, reduce the RF emissions
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4908-8444-6799 v1
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of the antennas to a level not exceeding that level established by the FCC for
Uncontrolled/General Population exposure. Licensor or its designee will promptly notify the
NOC upon the completion of the Licensor’s work. Licensee’s continuing duty is to keep the
Licensor informed of the NOC’s 24 hours a day, 7 days a week telephone number, NOC email
address, if any, and the cell site identification number for Licensee’s Premises/Site Equipment
on the Property.
8. Temporary Relocation of Licensee’s Site Equipment. Following Licensee’s receipt of a
written Notice from Licensor, Licensee agrees to temporarily relocate its Site Equipment to a
mutually agreed upon location on the Property (a “Temporary Location”) to facilitate
Licensor’s performance of maintenance, repair or similar work at the Property or in or on the
Premises, provided that: (a) Licensee shall pay all costs incurred by Licensee for relocating
Licensee’s Site Equipment to the Temporary Location as well as back to the original location;
(b) Licensor gives Licensee at least six (6) months prior written Notice (except in the case of
a bona fide emergency which is reasonably likely to result in damage or injury to persons, the
Premises or the Property (an “Emergency”), in which event Licensor will provide the greatest
amount of notice possible under the circumstances; and (c) except for an Emergency or in the
case of necessary repairs or maintenance which cannot be delayed, Licensee shall not be
required to relocate its Site Equipment to a Temporary Location, at Licensee’s sole cost and
expense, more than two (2) times within any five (5) year period. If Licensee’s use of the
Temporary Location requires Licensee to undergo re-zoning or re-permitting, Licensor shall
not require Licensee to relocate Licensee’s Site Equipment, absent an Emergency, until
Licensee’s receipt of all governmental approvals applicable to Licensee’s use of the Temporary
Location. Licensee shall remove all of its equipment from the Temporary Location at
Licensee’s sole cost and expense within thirty (30) days from either the date the Site Equipment
at the original Premises becomes operational again or from the date of Licensor’s written
request to Licensee to remove said equipment.
9. Permanent Relocation of Licensee’s Site Equipment. If Licensor desires to redevelop,
remodel, or take any other action affecting the Property, including make any major
improvements thereon, at any time during the term of the Agreement that necessitates
relocation of Licensee’s Site Equipment as determined by Licensor, then Licensor, in its sole
and absolute discretion, may require Licensee at Licensee’s expense, to relocate any or all of
Licensee’s Site Equipment, within the Property, to a mutually agreed upon location , upon two
(2) years prior written notice. The substitute space shall contain at least as much area as the
current space from which Licensee is being relocated. In the event Licensor requires Licensee
to relocate Licensee’s Site Equipment, Licensee shall within two (2) calendar years after
receiving such relocation request from Licensor either: (i) terminate this Agreement upon
written notice to Licensor; or (ii) relocate Licensee’s Site Equipment as requested by Licensor
before the expiration of the two year notice period. With respect to Relocation: (i) prior to the
commencement of construction start, any application for Governmental Approvals is rejected,
conditioned, materially delayed or otherwise not approved for any or no reason; or (ii) also
prior to the commencement of construction, Licensee determines, in Licensee’s sole and
absolute discretion, that such Governmental Approvals cannot be obtained in a timely and
commercially reasonable manner (clauses (i) and (ii) collectively, the “Contingencies”), then,
Licensee shall have the right in its sole and absolute discretion to terminate this Agreement
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4908-8444-6799 v1
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upon sixty (60) days prior written notice to Licenso r pursuant to all other terms as provided for
in the Agreement.
In the event either Licensor or Licensee are unable to agree on the location of substitute space
for the permanent relocation of Licensee’s Site Equipment, then either Licensor or Licensee
may terminate this Agreement upon sixty (60) days prior written notice to the other in
accordance with all other terms as provided for in the Agreement.
10. Section 2 (License to Use) of the Agreement is hereby revised to add the following terms:
Licensee hereby agrees that Licensor may place certain radio equipment to be defined at a later
date on or in the Premises in a mutually acceptable location, for Licensor’s sole use for public
safety and related purposes. Licensor shall also have the right to run power to the Premises, in
a mutually acceptable location, for the operation of Licensor’s antenna equipment. Licensor
hereby agrees that Licensor’s antenna equipment (including power runs) shall not interfere
with Licensee’s use of the Premises.
11. This Second Amendment does not serve to permit Licensee to make any changes to the
Premises. Future requested changes to the Premises by Licensee must be made pursuant to the
terms of the Agreement.
12. Capitalized Terms. All capitalized terms used but not defined herein shall have the same
meanings as defined in the Agreement.
13. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Agreement and this Second Amendment, the terms of this Second Amendment shall control.
Except as expressly set forth in this Second 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 Second Amendment.
[NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE]
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4908-8444-6799 v1
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IN WITNESS WHEREOF, the parties have caused their properly authorized
representatives to execute and seal this Second Amendment on the date and year below.
LICENSOR:
City of Rohnert Park
By:
Print Name:
Title:
Date:
LICENSEE:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name:
Title:
Date:
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4908-8444-6799 v1
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LICENSOR ACKNOWLEDGEMENT
IF LICENSOR IS SIGNING IN CALIFORNIA
State of California
County of ______________________ )
On _____________________________ before me, _____________________________________
(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)
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.
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4908-8444-6799 v1
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LICENSEE ACKNOWLEDGEMENT
STATE OF ________________ )
) SS.
COUNTY OF ______________ )
I certify that I know or have satisfactory evidence that
___________________________________ is the person who appeared before me, and said
person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized
to execute the instrument and acknowledged it as the ____________________________ of AT&T
Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited
liability company, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED: _______________________________.
Notary Seal
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary Public in and for the State of
___________
My appointment expires:
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