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Res19 15733
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Res19 15733
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Last modified
10/11/2019 8:40:53 AM
Creation date
10/11/2019 8:40:46 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/14/2019
Description
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
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resumption of the use of the Facilities and provision of the services contemplated by this <br />License, unless Licensee places temporary transmission and reception facilities on the Property. <br />10.2 If at any time during the Term of this License all or "substantially all" (as <br />described in the preceding subsection 10.1) of the Premises or the improvements located on the <br />Property shall be taken in the exercise of the power of eminent domain by any governmental or <br />other authority, or by deed in lieu of condemnation, then Licensee may terminate this License by <br />providing written notice to Licensor, which termination shall be effective as of the date of the <br />vesting of title in such taking and any prepaid License Fee shall be apportioned as of said date <br />and reimbursed to Licensee. Licensor and Licensee shall each be entitled to pursue their own <br />separate awards with respect to such taking, but in any event, Licensee's award shall be limited <br />to lost improvements investment, relocation, and loss of business. In the event of any taking of <br />less than all or substantially all of the Premises, this License shall continue and each of Licensor <br />and Licensee shall be entitled to pursue their own separate awards with respect to such taking. <br />11. TAXES. <br />11.1 Licensee shall pay any personal property taxes assessed on, or any portion of such <br />taxes attributable to, the Facilities. Licensor shall pay when due all real property taxes and all <br />other fees and assessments attributable to the Premises and the Property. However, Licensee <br />shall pay, as additional License Fee, any increase in real property taxes levied against the <br />Premises (excluding any additional taxes that relate to the period prior to July 29, 2016, i.e., <br />rollback taxes) and all use and occupancy taxes, if any, which is directly attributable to <br />Licensee's use of the Premises, and Licensor agrees to furnish written documentation of such <br />increase to Licensee. <br />11.2 Licensor hereby provides notice pursuant to California Revenue and Taxation <br />Code Section 107.6, and Licensee acknowledges that this License may create a possessory <br />interest and Licensee may be subject to property taxes levied on such interest by the appropriate <br />taxing authority, as described in California Revenue and Taxation Code Section 107. Licensee is <br />required to pay any such tax directly to the appropriate taxing authority. <br />12. INSURANCE, RELEASE AND HOLD HARMLESS. <br />12.1 Licensee shall, at Licensee's sole cost and expense, procure and continue in force <br />during the term of this License, including any Renewal Term: <br />12. 1.1 Workers Compensation insurance at statutory limits, including Employers <br />Liability coverage with limits of $1,000,000 each -occurrence each accident/$1,000,000 by <br />disease each-occurrence/$1,000,000 by disease aggregate; <br />12.1.2 Commercial General Liability insurance at combined single limits of <br />$3,000,000 per -occurrence and $6,000,000 general aggregate for bodily injury and property <br />damage, which coverage shall include products/completed operations($ 1,000,000 products/ <br />completed operations aggregate), contractual liability coverage and XCU (Explosion, Collapse, <br />Underground) hazards. Coverage must be written on an occurrence form. The general aggregate <br />limit must be at least two (2) times the each -occurrence limit; <br />REV: 11-14-18 D2 <br />Page 16 of 35 <br />ATTY/AGR.2018.264/New Cingular Wireless PCS, LLC - Wireless Communications Site License <br />Agreement 555 California Way <br />
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