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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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of the Property, all of which are clearly and particularly described and depicted on Exhibit "B" <br />attached hereto and incorporated herein by reference. Such portions of property and <br />improvements described and depicted in Exhibit "B" shall hereinafter collectively be referred to <br />as the "Premises" and consist of the following: <br />1.1.1 approximately seven hundred thirty-two (732) square feet (the <br />"Equipment Area") as enclosed by an existing chain-link fence within which includes an <br />existing building owned by Licensor ("Building') for the placement and use by Licensee of its <br />Facilities (as defined in Section 1.4 below) and as described and depicted in Exhibit "B"; and <br />1.1.2 those certain underground spaces where Licensee's conduits, utility lines, <br />wires, cables, pipes and other necessary connections may be installed and maintained between <br />the Equipment Area and the electric power, telephone, and the edge of the Property nearest to the <br />fuel sources for the Property (hereinafter collectively referred to as the "Connection Area"), <br />which spaces have been mutually and reasonably designated by the Parties prior to construction <br />as depicted in Exhibit "B"; and <br />1.1.3 subject to the terms and conditions of this License, Licensor hereby grants <br />to Licensee a non-exclusive license (which license shall remain irrevocable during the Term, <br />except to the extent that the license may be revoked or otherwise terminated as expressly set <br />forth herein) to those certain spaces designated for non-exclusive foot and vehicular access via <br />the access road off California Way from the edge of the Property to the Equipment Area for <br />construction and maintenance of the Premises and the Facilities (hereinafter collectively, referred <br />to as the "Access Area") as depicted in Exhibit "B". Additionally, upon twenty-four (24) hours' <br />prior notice to Licensor, Licensee shall have the right to access those other certain spaces <br />designated for non-exclusive pedestrian and vehicular (if possible) access upon, over and <br />through the Property to the Connection Area ("Connection Area Access") for the construction, <br />maintenance, upgrade and repair of Licensee's conduits, utility lines, wires, cables, pipes and <br />other necessary connections. Notwithstanding the foregoing, in the event of an emergency <br />circumstance (which shall be deemed to include any outage or failure of the Facilities (defined <br />below), Licensee shall have Connection Area Access without the requirement of providing <br />twenty-four (24) hours' prior notice to Licensor, but Licensee shall provide notice to Licensor of <br />such emergency Connection Area Access as soon as reasonably practicable in light of the <br />emergency circumstances. <br />1.2 Licensee shall be responsible for obtaining at its sole cost and expense, any <br />casements, rights of way or other authorizations that may be required from owners of private <br />property adjoining the Property in order to access the Property for the purposes of this License. <br />1.3 Subject to the terms and conditions of this License, Licensor grants an exclusive <br />license (which license shall remain irrevocable during the Term except to the extent that the <br />license may be revoked or otherwise terminated as expressly set forth herein) to Licensee for use <br />of the Premises, at Licensee's sole cost and expense, for (i) the transmission and reception of <br />communication signals (a) duly authorized by the Federal Communications Commission <br />("FCC") to Licensee or an Affiliate (as defined in Section 4.1 below) of Licensee as of the <br />Effective Date or during the Term, or (b) which Licensee does not require a license from the <br />FCC to transmit or receive, and which communication signals Licensee is permitted to transmit <br />REV: 11.1418 DZ <br />Page 2 of 35 <br />ATTYIAGR.2018.264lNew Cingular Wireless PCS, LLC - Wireless Communications Site License <br />Agreement 555 California Way <br />
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