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01/14/2019 RESOLUTION NO. 15733 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A WIRELESS COMMUNICATION SITE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF REDWOOD CITY AND NEW CINGULAR WIRELESS PCS, LLC WHEREAS, the City of Redwood City ("City") is the owner of certain real property located at 500 block California Way in Redwood City and commonly referred to as the Emerald Lake Hills Water Tank Property ("City Property"); and WHEREAS, the City entered into a Lease Agreement with New Cingular Wireless PCS, LLC's ("New Cingular") predecessor, Bay Area Cellular Telephone Company, dated July 29, 1996, for wireless communication facilities on a portion of the City Property ("Original Lease"); and WHEREAS, New Cingular succeeded to all of the rights, title and interest of Bay Area Cellular Telephone Company in and to the Original Lease; and WHEREAS, the City and New Cingular amended the Original Lease pursuant to that certain First Amendment to Lease Agreement dated as of July 29, 2011 ("First Amendment") (the Original Lease as amended by the First Amendment are hereinafter collectively referred to as the "Existing Lease"); and WHEREAS, the Existing Lease expired on July 28, 2016; and WHEREAS, New Cingular has since been occupying the portion of the City Property with the City's consent on a month-to-month basis; and WHEREAS, as of the Effective Date, the City and New Cingular wish to supersede all of the terms, covenants, and conditions of the Existing Lease with the terms, covenants, and conditions of this Wireless Communication Site License Agreement ("License Agreement"), and to confirm that as of the Effective Date, their obligations under the Existing Lease shall be deemed fully performed, and each shall be fully discharged from their respective obligations thereunder, and without the necessity of a further writing exchanged between them. The previous sentence notwithstanding, both the City and New Cingular intend that any indemnification obligations of New Cingular and the City that have accrued during the terms of the Existing Lease, if any, will survive the termination of the Existing Lease. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redwood City that the City Council hereby approves the License Agreement in the form attached hereto as Attachment A and authorizes the City Manager to sign the License Agreement on behalf of the City, subject to minor technical changes approved by the City Attorney, and to take such further actions as may be necessary to carry out the purpose of the License Agreement. ATTY/RESO.0002/CC RESO APPROVING & AUTHORIZING THE CITY MANAGER TO EXECUTE WIRELESS AGREEMENT RESO.NO 15733 REV: 01-03-19 DZ MUFF NO. 304 Page 1 of 2