19-0917_NEW CINGULAR WIRELESS PCS, LLC_Agenda Report_E9TO :
FROM :
SUBMITTED BY:
PREPARED BY :
DATE :
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~njamin Siegel, City Manager
Steve May, Public Works and Utilities Director .,,<{fUA.,_
Joe Parco, City Engineer
George Alvarez, Project Manager
September 17, 2019
9/17/2019
E9
Facility License Agreement for the Installation of Wireless Facilities
on City-Owned Infrastructure in the Public Right-of-Way
RECOMMENDATION :
1. Approve a Municipal Facility License Agreement template for the installation of
wireless facilities attached to City infrastructure in the public right-of-way;
2. Authorize the City Manager or designee to make minor revisions to the template,
including carrier-specific insurance terms, with the approval of the City Attorney,
with any material revisions to be brought back to City Council for consideration;
and,
3. Authorize the City Manager to execute the Municipal Facility License
Agreement with individual carriers on a case-by-case basis.
EXECUTIVE SUMMARY :
Over the past year, a number of wireless providers have expressed the desire to install
new wireless communication facilities within the public right-of-way. The permitting
process for such installations was established by the City's wireless Ordinance 1066
adopted by the City Council on April 16, 2019 (Attachment 1 ). Applicants have also
expressed the desire to place these facilities on City-owned street light poles. The
requests are due to the increasing consumer demand for wireless capacity and faster
speeds, and are anticipated to increase in the future with the expected deployment of
next generation (5G) wireless infrastructure . To provide a consistent and comprehensive
response to these requests, staff and the City Attorney have developed a Municipal
Facility License Agreement (MFLA) template for use when a wireless provider seeks to
install new wireless communication facilities on City-owned infrastructure in the public
City Council Agenda Report
September 17, 2019
Page 2 of 4
right-of-way. Applicants who sign the MFLA must also go through the permitting process
established by the City's wireless Ordinance 1066. It is recommended that the City
Council approve this Municipal Facility License Agreement template, and authorize the
City Manager to make minor revisions to the template on a case-by-case basis.
DISCUSSION/ANALYSIS :
A number of wireless providers have approached the City desiring to install wireless
facilities within the City's public right-of-way, which would enhance wireless services
throughout the community. Under federal law, the City cannot prohibit or effectively
prohibit the provision of personal wireless services. Further, under California Public
Utilities Code Section 7901, telecommunications companies have the right to be in the
public right-of-way. The "small cell" wireless facilities consist of an antenna and
equipment typically placed on existing infrastructure (or replacement poles) located within
the public right-of-way, such as City-owned street light poles. Providers are experiencing
increased customer demand, particularly with respect to data capacity and speed.
Examples of the need for additional wireless capacity include expansion of the
smartphone market, increased e-commerce, and the growing use of wireless sensors and
monitoring of utility distribution, such as smart gas meters.
The proposed MFLA would allow the City to enter into license agreements with individual
wireless carriers in order for those carriers to attach to the City-owned poles. Given the
short deadlines, or "shot clocks," by which federal law requires the City to act on each
wireless application (60 days for installations on existing structures; 90 days for
installations on new structures), it is generally infeasible to take each license agreement
to the City Council for approval. Additionally, each applicant is expected to apply for
multiple locations in the city. Therefore, staff proposes the use of a template MFLA, which
can be signed substantially in this form by the City Manager or designee. Should any
applicant wish to negotiate material revisions to the MFLA, those revisions would be
brought before the City Council for approval. Staff is recommending that minor changes
could be approved by the City Manager, subject to review and approval by the City
Attorney and, in some instances, the City's Risk Manager. For example, each carrier has
slightly different insurance requirements and one MFLA template cannot reconcile the
various requirements. This MFLA template reflects the City's standard insurance
requirements from Risk Management, with the understanding that City Manager, City
Attorney, and Risk Manager could review and approve some carrier specific
requirements.
Additionally, this MFLA can be used by each carrier, and it provides the necessary
flexibility under which they can add locations under the same MFLA as their coverage
needs change.
On April 16, 2019, the City Council adopted an urgency ordinance (Attachment 1) that
amended San Juan Capistrano Municipal Code Title 7 to add a new Chapter 10, "Wireless
Facilities in Rights-of-Way." This urgency ordinance provides the regulatory framework
and standards for permitting the installation of wireless facilities in the City's public right-
of-way. On April 16, 2019, the City Council also adopted a resolution to establish design
City Council Agenda Report
September 17, 2019
Page 3 of 4
and development standards for wireless facilities. The proposed MFLA would be used in
conjunction with the permitting process set forth in that urgency ordinance, and would
apply when the City owns the pole or infrastructure to which the wireless carrier proposes
to attach the antenna.
The MFLA contains a standard term of ten years with two five-year renewals. The MFLA
also provides the flexibility for the carriers to add, remove, or relocate facilities in the city
by applying for a supplement for each location. The MFLA requires the carriers to provide
insurance and explains the parties' rights and obligations with respect to use of and
damage to any City infrastructure.
The MFLA also includes an annual rent payment for use of the City infrastructure. Under
a Federal Communications Commission (FCC) declaratory order and regulations that
went into effect on January 14, 2019, the FCC declared that all fees (including permit fees
and rental fees for use of government-owned infrastructure, such as streetlights) must be
based on a reasonable approximation of the City's costs, such that only objectively
reasonable costs are factored into those fees, and fees are no higher than the fees
charged to similarly situated competitors in similar situations. The FCC established a
"safe harbor" amount of $270 per facility per year for recurring fees, such as the rent for
attachment to municipal infrastructure.
While the legal validity of this FCC Order is currently being litigated, the effectiveness of
the FCC Order has not been stayed pending the resolution of the litigation. Therefore,
City staff is accounting for this uncertainty in the fee terms of the MFLA. Staff recommends
for all periods when the FCC Order is in effect, the annual rent per location be the $270
established by the FCC (increased annually by three percent). For any period the FCC
Order is not in effect (for example, because it is vacated or invalidated by the court), then
the rent would increase to a default $1,500 per facility per year. This rate reflects the rate
charged by other cities in Southern California before the January 14, 2019, FCC Order.
City staff and the City Attorney have met with and held conference calls with industry
representatives, who have expressed interest in submitting applications to the City. The
purpose of the meetings was to discuss the proposed MFLA regarding compensation,
terms of the agreement, and conditions to install wireless facilities in the public right-of-
way. Comments received by the providers were considered by staff and the City
Attorney's Office and were incorporated into the final MLFA, as appropriate.
FISCAL IMPACT:
The recommended action would have no immediate fiscal impact to the City. The
Municipal Facility License Agreement specifies the compensation for use of City
infrastructure. The initial amount of compensation would be $270 per installation per year.
The total amount of compensation per year would be based on the number of permits
issued. A fee deposit would be collected from a wireless carrier at the time an application
is submitted to cover the costs of City review and processing of the application. Once the
application has been approved, a separate fee would be collected to inspect the work in
the public right-of-way.
City Council Agenda Report
September 17, 2019
Page 4 of 4
ENVIRONMENTAL IMPACT :
The recommended action is not subject to the California Environmental Quality Act
(CEQA) pursuant to section 15060(c)(3) of CEQA Guidelines, because the action would
not be considered project as defined in Section 15378 of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, and the action would have no potential for
resulting in physical change to the environment, directly or indirectly.
PRIOR CITY COUNCIL REVIEW:
On April 16, 2019, the City Council adopted urgency Ordinance 1066 to amend the San
Juan Municipal Code, Title 7, to add a new Chapter 10, "Wireless Facilities in Rights-of-
Way," and adopted a resolution establishing design and development standards for
wireless facilities in the public right-of-way.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This action does not require commission, committee, or board review .
NOTIFICATIONS:
Cory Autrey, AT&T
Judy Woolen, AT&T
Brian MacKey, Md7
Saul Panduro, Verizon
ATTACHMENTS :
Attachment 1 -Urgency Ordinance 1066
Attachment 2 -Municipal Facility License Agreement
ORDINANCE NO. 1066
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO TO AMEND THE SAN JUAN CAPISTRANO MUNICIPAL CODE,
TITLE 7, TO ADD A NEW CHAPTER 10, "WIRELESS FACILITIES IN RIGHTS-OF-
WAY."
WHEREAS, pursuant to the laws of the State of California, the City of San Juan
Capistrano ("City") has the authority to adopt such ordinances as it deems necessary and
appropriate to assure good government in the City, to protect and preserve the City's rights,
property and privileges, and to preserve peace, safety and good order; and
WHEREAS, the City deems it to be necessary and appropriate to provide for certain
standards and regulations relating to the location, placement, design, construction and
maintenance of telecommunications towers, antennas and other structures within the City's
rights-of-way, and providing for the enforcement of said standards and regulations, consistent
with federal and state law limitations on that authority.
WHEREAS, the City deems it necessary and appropriate to enact regulations for
wireless facilities in the right-of-way by urgency ordinance under Cal. Gov. Code Section
36937(b) because the matters herein concern "the immediate preservation of the public peace,
health or safety" of the City's citizens.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the City Council:
SECTION 1: The foregoing Recitals are adopted as findings of the City Council as
though set forth in fully within the body of this ordinance.
SECTION 2: Urgency Findings.
(a) The City adopts this ordinance as an urgency measure pursuant to Government
Code Section 36937(b) to protect the public peace, health and safety.
(b) Since the City Council last amended the portions of the City Municipal Code
("Code") applicable to wireless facilities, the deployment of wireless facilities in
right-of-way has increased nationwide and significant changes in federal laws that
affect local authority over wireless facilities and other related infrastructure
deployments have occurred, including, but not limited to, the following:
(I) On August 2, 2018, the Federal Communications Commission ("FCC")
adopted a Third Report & Order and Declaratory Ruling in the rulemaking
proceeding titled Accelerating Wireline and Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment, 33 FCC
Red. 7705 (rel. Aug. 3, 2018) (the "August Order"), that, among other
things, contained a declaratory ruling prohibiting express and de facto
moratoria for all personal wireless services, telecommunications services
and their related facilities under 47 U.S.C. § 253(a) and directed the
Attachment 1, Page 1 of 15
Wireless Telecommunications Bureau and Wireline Competition Bureau
to hear and resolve all complaints on an expedited basis. The declaratory
ruling in the August Order was made effective upon release of the August
Order which occurred on August 3, 2018; and
(2) On September 26, 2018, the FCC adopted a Declaratory Ruling and Third
Report and Order in the same rulemaking proceeding, 33 FCC Red 9088,
FCC 18-133 (rel. Sep. 27, 2018) (the "September Order"), which, among
many other things, created new shorter "shot clocks" for small wireless
facilities (as defined in the September Order); altered existing "shot clock"
regulations to require local public agencies to do more in less time;
established a national standard for an effective prohibition related to small
wireless facilities that replaced the existing "significant gap" test adopted
by the United States Court of Appeals for the Ninth Circuit and provided
that a failure to act within the applicable timeframe presumptively
constitutes an effective prohibition. The September Order was made
effective 90 days after publication in the Federal Register, that is, on
January 14, 2019. The September Order also established that local
governments should publish aesthetic standards by April 15, 2019 and that
the standards must be in place before an application is submitted in order
for the standards to apply to that proposed wireless facility.
(c) In light of the FCC Orders, the City deems it to be necessary and appropriate to
provide for certain standards and regulations relating to the location, placement,
design, construction, and maintenance of telecommunications antennas and
infrastructure within the City's right-of-way, and providing for the enforcement of
said standards and regulations, consistent with federal and state law limitations on
that authority.
(d) Further, numerous carriers have expressed interest in submitting applications for
the installation of wireless facilities in the right-of-way. Most portions of the FCC
Orders are already in effect, so if the City does not immediately amend the Code,
there is a risk that the City may not be able to enforce provisions of its Code or
comply with the new federal regulations.
(e) The City's right-of-way is a valuable resource, and the regulation of wireless
installations in the right-of-way is necessary to protect and preserve aesthetics in
the community.
(f) If not adequately regulated, the installation of wireless facilities within the right-
of-way can pose a threat to the public health, safety, and welfare, including
disturbance to the right-of-way through the installation and maintenance of
wireless facilities; traffic and pedestrian safety hazards due to the unsafe location
of wireless facilities; impacts to trees where proximity conflicts may require
unnecessary trimming of branches or require removal of roots due to related
undergrounding of equipment or connection lines; land use conflicts and
incompatibilities including excessive height or poles and towers; creation of
visual and aesthetic blights and potential safety concerns arising from excessive
size, heights, noise, or lack of camouflaging of wireless facilities, including the
associated pedestals, meters, equipment and power generators, all of which may
negatively impact the City and its citizens.
Attachment 1 , Page 2 of 15
(g) Therefore, the City deems it necessary and appropriate to enact regulations for
wireless telecommunications facilities in the right-of-way by urgency ordinance
under Cal. Gov. Code Section 36937(b) because the matters herein concern "the
immediate preservation of the public peace, health or safety" of the City's
citizens.
SECTION 3: Title 7 of the San Juan Capistrano Municipal Code ("Code") shall be
amended to add a new Chapter 10, entitled "Wireless Facilities in Rights-Of-Way" as follows:
CHAPTER 10
WIRELESS FACILITIES IN RIGHTS-OF-WAY
Section 7-10.01. Purpose.
The purpose of this Article is to establish a process for managing, and uniform standards
for acting upon, requests for the placement of wireless facilities within the rights-of-way of the
City consistent with the City's obligation to promote the public health, safety, and welfare, to
manage the rights-of-way, and to ensure that the public is not incommoded by the use of the
rights-of-way for the placement of wireless facilities. The City recognizes the importance of
wireless facilities to provide high-quality communications service to the residents and businesses
within the City, and the City also recognizes its obligation to comply with applicable Federal and
State law regarding the placement of personal wireless services facilities in its rights-of-way.
This ordinance shall be interpreted consistent with those provisions.
Section 7-10.02.
meanings:
Definitions. The terms used in this Article shall have the following
Application: A formal request, including all required and requested documentation and
information, submitted by an applicant to the City for a wireless encroachment permit.
Applicant: A person filing an application for placement or modification of a wireless
facility in the right-of-way.
Base Station: shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(l), or
any successor prov1s1on.
Eligible Facilities Request: shall have the meaning as set forth in 47 C.F.R. Section
1.6100(b)(3), or any successor provision.
FCC: The Federal Communications Commission or its lawful successor.
Municipal Infrastructure: City-owned structures, objects, and equipment in the rights-
of-way, including, but not limited to, street lights, traffic control structures, banners, street
furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within
the rights-of-way.
Attachment 1, Page 3 of 15
Permittee: any person or entity granted a wireless encroachment permit pursuant to this
Article.
Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C.
Section 332( c )(7)(C)(i).
Personal Wireless Services Facility: means a wireless facility used for the provision of
personal wireless services.
Rights-of-Way ("ROW"): Means the surface of and the space above and below the
public streets, roads, and alley right-of-way, and public utility easements or other public
ways of any type whatsoever, now or thereafter located and existing within the City of San
Juan Capistrano limits, whether or not improved.
Small Cell Facility: shall have the same meaning as "small wireless facility" in 4 7
C.F .R. 1.6002(1), or any successor provision (which is a personal wireless services facility
that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility-
(i) is mounted on a structure 50 feet or less in height, including antennas, as
defined in 47 C.F.R. Section 1.1320(d), or
(ii) is mounted on a structure no more than 10 percent taller than other adjacent
structures, or
(iii) does not extend an existing structure on which it are located to a height of
more than 50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna
equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no
more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any pre-existing associated equipment on the
structure, is no more than 28 cubic feet in volume;
( 4) The facility does not require antenna structure registration under 4 7 C.F .R. Part 17;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section
800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess
of the applicable safety standards specified in 4 7 C.F .R. Section 1. l 307(b ).
Support Structure: Any structure capable of supporting a base station.
Tower: Any structure built for the sole or primary purpose of supporting any FCC-
licensed or authorized antennas and their associated facilities, including structures that are
constructed for personal wireless services including, but not limited to, private, broadcast,
and public safety services, as well as unlicensed wireless services and fixed wireless services
such as microwave backhaul, and the associated site. This definition does not include utility
poles.
Attachment 1 , Page 4 of 15
Underground areas: Those areas where there are no electrical facilities or facilities of
the incumbent local exchange carrier in the ROW; or where the wires associated with the
same are or are required to be located underground; or where the same are scheduled to be
converted from overhead to underground. Electrical facilities are distribution facilities owned
by an electric utility and do not include transmission facilities used or intended to be used to
transmit electricity at nominal voltages in excess of 35,000 volts.
Utility Pole: A structure in the ROW designed to support electric, telephone and similar
utility lines. A tower is not a utility pole.
Wireless Encroachment Permit: A permit issued pursuant to this Article authorizing
the placement or modification of a wireless facility of a design specified in the permit at a
particular location within the ROW; and the modification of any existing support structure to
which the wireless facility is proposed to be attached.
Wireless Facility, or Facility: The transmitters, antenna structures and other types of
installations used for the provision of wireless services at a fixed location, including, without
limitation, any associated tower(s), support structure(s), and base station(s).
Wireless Infrastructure Provider: A person that owns, controls, operates or manages a
wireless facility or portion thereof within the ROW.
Wireless Regulations: Those regulations adopted pursuant to Section 5 and
implementing the provisions of this Article.
Wireless Service Provider: An entity that provides personal wireless services to end
users.
Section 7-10.03. Scope.
(a) In general. There shall be a type of encroachment permit entitled a "wireless
encroachment permit," which shall be subject to all of the same requirements as an
encroachment permit would under in addition to all of the requirements of this Article.
Unless exempted, every person who desires to place a wireless facility in the rights-of-way or
modify an existing wireless facility in the rights-of-way must obtain a wireless encroachment
permit authorizing the placement or modification in accordance with this Article. Except for
small cell facilities, facilities qualifying as eligible facilities requests, or any other type of
facility expressly allowed in the right-of-way by state or federal law, no other wireless
facilities shall be permitted pursuant to this Article.
(b) Exemptions. This Chapter does not apply to:
(1) The placement or modification of facilities by the City or by any other agency of
the state solely for public safety purposes.
(2) Installation of a "cell on wheels," "cell on truck" or a similar structure for a
temporary period in connection with an emergency or event, but no longer than
required for the emergency or event, provided that installation does not involve
excavation, movement, or removal of existing facilities.
Attachment 1 , Page 5 of 15
(3) Installation of a wireless facility on the strand between two utility poles, provided
that the cumulative volume of all wireless facilities on the strand shall not exceed
one cubic foot and provided further that the installation does not require
replacement of the strand, or excavation, modification or replacement of the utility
poles.
(c) Other applicable requirements. In addition to the wireless encroachment permit
required herein, the placement of a wireless facility in the ROW requires the persons who
will own or control those facilities to obtain all permits required by applicable law, and to
comply with applicable law, including, but not limited, applicable law governing radio
frequency (RF) emissions.
(d) Pre-existing Facilities in the ROW. Any wireless facility already existing in the ROW
as of the date of this Article's adoption shall remain subject to the provisions of the City
Code in effect prior to this Article, unless and until an extension of such facility's then-
existing permit is granted, at which time the provisions of this Article shall apply in full force
going forward as to such facility. The review of any request for a renewal of a permit for
such pre-existing facilities shall be conducted pursuant to this Article, rather than the
portion(s) of the City Code under which it was previously reviewed.
(e) Public use. Except as otherwise provided by California law, any use of the right-of-way
authorized pursuant to this Chapter will be subordinate to the City's use and use by the
public.
Section 7-10.04. Administration.
(a) The City Engineer or its designee is responsible for administering this Article. As part of
the administration of this Article, the City Engineer may:
(1) Interpret the provisions of this Article;
(2) Develop and implement standards governing the placement and modification of
wireless facilities consistent with the requirements of this Article, including
regulations governing collocation and resolution of conflicting applications for
placement of wireless facilities;
(3) Develop and implement acceptable designs and development standards for wireless
facilities in the rights-of-way, taking into account the zoning districts bounding the
rights-of-way;
(4) Develop forms and procedures for submission of applications for placement or
modification of wireless facilities, and proposed changes to any support structure
consistent with this Article;
(5) Determine the amount of and collect, as a condition of the completeness of any
application, any fee established by this Article;
(6) Establish deadlines for submission of information related to an application, and
extend or shorten deadlines where appropriate and consistent with state and federal
laws and regulations;
(7) Issue any notices of incompleteness, requests for information, or conduct or
commission such studies as may be required to determine whether a permit should
be issued;
Attachment 1, Page 6 of 15
(8) Require, as part of, and as a condition of completeness of any application, notice to
members of the public that may be affected by the placement or modification of the
wireless facility and proposed changes to any support structure;
(9) Subject to appeal as provided herein, determine whether to approve, approve
subject to conditions, or deny an application; and
(10) Take such other steps as may be required to timely act upon applications for
placement of wireless facilities, including issuing written decisions and entering
into agreements to mutually extend the time for action on an application.
(b) Appeal.
(1) Any person adversely affected by the decision of the City Engineer pursuant to this
Article may appeal the City Engineer's decision to the City Manager, which may
decide the issues de novo, and whose written decision will be the final decision of
the City. An appeal by a wireless infrastructure provider must be taken jointly with
the wireless service provider that intends to use the personal wireless services
facility.
(2) Where the City Engineer grants an application based on a finding that denial would
result in a prohibition or effective prohibition under applicable federal law, the
decision shall be automatically appealed to the City Manager. All appeals must be
filed within two (2) business days of the written decision of the City Engineer,
unless the City Engineer extends the time therefore. An extension may not be
granted where extension would result in approval of the application by operation of
law.
(3) Any appeal shall be conducted so that a timely written decision may be issued in
accordance with applicable law.
Section 7-10.05. General Standards for Wireless Facilities in the Rights-of-Way.
(a) Generally. Wireless facilities in the ROW shall meet the minimum requirements set
forth in this ordinance and the wireless regulations, in addition to the requirements of any
other applicable law.
(b) Regulations. The wireless regulations and decisions on applications for placement of
wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this
section are satisfied, unless it is determined that applicant has established that denial of an
application would, within the meaning of federal law, prohibit or effectively prohibit the
provision of personal wireless services, or otherwise violate applicable laws or regulations.
If that determination is made, the requirements of this Article may be waived, but only to the
minimum extent required to avoid the prohibition or violation.
(c) Minimum Standards. All applicants shall design and locate the wireless facilities in
accordance with the standards and wireless regulations set forth separately though the
resolution adopted by the City Council.
Section 7-10.06. Applications.
(a) Submission. Unless the wireless regulations provide otherwise, applicant shall submit a
paper copy and an electronic copy of any application, amendments, or supplements to an
Attachment 1, Page 7 of 15
application, or responses to requests for information regarding an application to: City
Engineer, at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
(b) Pre-application meeting. Prior to filing an application for a wireless encroachment
permit, an applicant is encouraged to schedule a pre-application meeting with the City
Engineer to discuss the proposed facility, the requirements of this Article, and any potential
impacts of the proposed facility.
(c) Content. An application must contain: An applicant shall submit an application on the
form approved by the City Engineer, which may be updated from time-to-time, but in any
event shall require the submission of all required fee(s), documents, information, and any
other materials necessary to allow the City Engineer to make required findings and ensure
that the proposed facility will comply with applicable federal and state law, the City Code,
and will not endanger the public health, safety, or welfare. If no form has been approved,
applications must contain all information necessary to show that applicant is entitled to the
wireless encroachment permit requested, and must specify whether the applicant believes
state or federal law requires action on the application within a specified time period.
(d) Fees. A fee in the form of a deposit shall be submitted with any application for a
wireless encroachment permit. The amount of the fee deposit is based on the estimated work
to complete the plan checking and field review of each of the sites where wireless facilities
are planned. The City Council is hereby authorized to determine, or cause to be determined,
the amount, type, and other terms of such fee(s) from time to time by means of resolution.
Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to
an applicant for a wireless encroachment permit unless paid as a deposit and not fully spent.
Unspent amounts shall be refunded.
(e) Waivers. Requests for waivers from any requirement of this section shall be made in
writing to the City Engineer or his or her designee. The City Engineer may grant or deny a
request for a waiver pursuant to this subsection. The City Engineer may grant a request for
waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be
provided all information necessary to understand the nature of the construction or other
activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this
subsection shall be ( 1) granted only on a case-by-case basis, and (2) narrowly-tailored to
minimize deviation from the requirements of the City Code.
(f) Incompleteness. For personal wireless facilities and eligible facilities requests,
applications will be processed, and notices of incompleteness provided, in conformity with
state, local, and federal law. If such an application is incomplete, the City Engineer may
notify the applicant in writing, and specifying the material omitted from the application.
Section 7-10.07. Findings; Decisions; Consultants.
(a) Findings Required for Approval.
(1) Except for eligible facilities requests, the City Engineer, as the case may be, shall
approve an application if, on the basis of the application and other materials or
evidence provided in review thereof, it finds the following:
(i) The facility is not detrimental to the public health, safety, and welfare;
(ii) The facility complies with this Article and all applicable design and
development standards; and,
(iii) The facility meets applicable requirements and standards of state and federal
law.
Attachment 1, Page 8 of 15
(2) For eligible facilities requests, the City Engineer, as the case may be, shall approve
an application if, on the basis of the application and other materials or evidence
provided in review thereof, it finds the following:
(i) That the application qualifies as an eligible facilities request; and
(ii) That the proposed facility will comply with all generally-applicable laws.
(b) Decisions. Decisions on an application by the City Engineer shall be in writing and
include the reasons for the decision.
(c) Independent Consultants. The City Engineer, as the case may be, is authorized, in its
discretion, to select and retain independent consultant(s) with expertise in
telecommunications in connection with the review of any application under this Article.
Such independent consultant review may be retained on any issue that involves specialized or
expert knowledge in connection with an application, including, but not limited to, application
completeness or accuracy, structural engineering analysis, or compliance with FCC radio
frequency emissions standards. The cost for the independent consultant shall be borne by the
applicant as outlined in section 7-10.08 (d) Fees.
Section 7-10.08. Conditions of Approval.
(a) Generally. In addition to any supplemental conditions imposed by the City Engineer, as
the case may be, all permits granted pursuant to this Article shall be subject to the following
conditions, unless modified by the approving authority:
(1) Code Compliance. The permittee shall at all times maintain compliance with all
applicable federal, state and local laws, regulations and other rules, including,
without limitation, those applying to use of rights-of-way.
(2) Permit Duration. A wireless encroachment permit shall be valid for a period of ten
(10) years, unless pursuant to another provision of the Code or these conditions, it
expires sooner or is terminated. At the end of ten (10) years from the date of
issuance, such Permit shall automatically expire, unless an extension or renewal has
been granted. A person holding a wireless encroachment permit must either (1)
remove the facility within thirty (30) days following the permit's expiration
(provided that removal of support structure owned by City, a utility, or another
entity authorized to maintain a support structure in the right of way need not be
removed, but must be restored to its prior condition, except as specifically permitted
by the City); or (2) at least ninety (90) days prior to expiration, submit an
application to renew the permit, which application must, among all other
requirements, demonstrate that the impact of the wireless facility cannot be reduced.
The wireless facility must remain in place until it is acted upon by the City and all
appeals from the City's decision exhausted.
(3) Timing of Installation. The installation and construction authorized by a wireless
encroachment permit shall begin within one (1) year after its approval, or it will
expire without further action by the City. This period may be extended at the
Director's discretion if good cause is shown. The installation and construction
authorized by a wireless encroachment permit shall conclude, including any
necessary post-installation repairs and/or restoration to the ROW, within thirty (30)
days following the day construction commenced.
(4) Commencement of Operations. The operation of the approved facility shall
commence no later than one (1) month after the completion of installation, or the
Attachment 1, Page 9 of 15
wireless encroachment permit will expire without further action by the City. This
period may be extended at the Director's discretion if good cause is shown.
(5) As-Built Drawings after installation of the facility. As-builts shall be in an
electronic format acceptable to the City.]
(6) Inspections; Emergencies. The City or its designee may enter onto the facility area
to inspect the facility upon forty-eight ( 48) hours prior notice to the permittee. The
permittee shall cooperate with all inspections and may be present for any inspection
of its facility by the City. The City reserves the right to enter or direct its designee
to enter the facility and support, repair, disable, or remove any elements of the
facility in emergencies or when the facility threatens imminent harm to persons or
property. The city shall make an effort to contact the permittee prior to disabling or
removing any facility elements, but in any case shall notify permittee within
twenty-four (24) hours of doing so.
(7) Contact. The permittee shall at all times maintain accurate contact information for
all parties responsible for the facility, which shall include a phone number, street
mailing address and email address for at least one natural person.
(8) Insurance. Permittee shall obtain and maintain throughout the term of the permit
commercial general liability insurance with a limit of $5 million per occurrence for
bodily injury and property damage and $6 million general aggregate including
premises operations, contractual liability, personal injury, and products completed
operations. The relevant policy(ies) shall name the City, its elected/appointed
officials, commission members, officers, representatives, agents, and employees as
additional insureds. Permittee shall use its best efforts to provide thirty (30) days'
prior notice to the City of to the cancellation or material modification of any
applicable insurance policy.
(9) Indemnities. The permittee and, if applicable, the owner of the property upon
which the wireless facility is installed shall defend, indemnify and hold harmless
the City, its agents, officers, officials, and employees (i) from any and all damages,
liabilities, injuries, losses, costs, and expenses, and from any and all claims,
demands, law suits, writs of mandamus, and other actions or proceedings brought
against the city or its agents, officers, officials, or employees to challenge, attack,
seek to modify, set aside, void or annul the city's approval of the permit, and (ii)
from any and all damages, liabilities, injuries, losses, costs, and expenses, and any
and all claims, demands, law suits, or causes of action and other actions or
proceedings of any kind or form, whether for personal injury, death or property
damage, arising out of or in connection with the activities or performance of the
permittee or, if applicable, the property owner or any of each one's agents,
employees, licensees, contractors, subcontractors, or independent contractors. In the
event the city becomes aware of any such actions or claims the city shall promptly
notify the permittee and, if applicable, the private property owner and shall
reasonably cooperate in the defense. The City shall have the right to approve, which
approval shall not be unreasonably withheld, the legal counsel providing the City's
defense, and the property owner and/or permittee (as applicable) shall reimburse
City for any costs and expenses directly and necessarily incurred by the City in the
course of the defense.
Attachment 1, Page 10 of 15
(10) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable
efforts to avoid undue adverse impacts to adjacent properties and/or uses that may
arise from the construction, operation, maintenance, modification, and removal of
the facility.
(11) Noninterference. Permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the prior
consent of the owner of that structure, improvement, or property. No structure,
improvement, or property owned by the City shall be moved to accommodate a
permitted activity or encroachment, unless the City determines that such movement
will not adversely affect the City or any surrounding businesses or residents, and
the Permittee pays all costs and expenses related to the relocation of the City's
structure, improvement, or property. Prior to commencement of any work pursuant
to a wireless encroachment permit, the Permittee shall provide the City with
documentation establishing to the city's satisfaction that the Permittee has the legal
right to use or interfere with any other structure, improvement, or property within
the right-of-way to be affected by Permittee's facilities.
(12) No Right, Title, or Interest. The permission granted by a wireless encroachment
permit shall not in any event constitute an easement on or an encumbrance against
the right-of-way. No right, title, or interest (including franchise interest) in the right-
of-way, or any part thereof, shall vest or accrue in Permittee by reason of a wireless
encroachment permit or the issuance of any other permit or exercise of any
privilege given thereby.
(13) No Possessory Interest. No possessory interest is created by a wireless
encroachment permit. However, to the extent that a possessory interest is deemed
created by a governmental entity with taxation authority, Permittee acknowledges
that City has given to Permittee notice pursuant to California Revenue and Taxation
Code Section 107 .6 that the use or occupancy of any public property pursuant to a
wireless encroachment permit may create a possessory interest which may be
subject to the payment of property taxes levied upon such interest. Permittee shall
be solely liable for, and shall pay and discharge prior to delinquency, any and all
possessory interact taxes or other taxes, fees, and assessments levied against
Permittee's right to possession, occupancy, or use of any public property pursuant
to any right of possession, occupancy, or use created by this permit.
(14) General Maintenance. The site and the facility, including, but not limited to, all
landscaping, fencing, and related transmission equipment, must be maintained in a
neat and clean manner and in accordance with all approved plans. All graffiti on
facilities must be removed at the sole expense of the permittee within forty-eight
( 48) hours after notification from the City.
( 15) RF Exposure Compliance. All facilities must comply with all standards and
regulations of the FCC and any other state or federal government agency with the
authority to regulate RF exposure standards. After transmitter and antenna system
optimization, but prior to unattended operations of the facility, permittee or its
representative must conduct on-site post-installation RF emissions testing to
demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety
rules for general population/uncontrolled RF exposure in all sectors. For this
testing, the transmitter shall be operating at maximum operating power, and the
Attachment 1 , Page 11 of 15
testing shall occur outwards to a distance where the RF emissions no longer exceed
the uncontrolled/general population limit.
(16) Testing. Testing of any equipment shall take place on weekdays only, and only
between the hours of 8:30 a.m. and 4:00 p.m., except that testing is prohibited on
holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
(17) Modifications. No changes shall be made to the approved plans without review and
approval in accordance with this Article.
(18) Agreement with City. If not already completed, permittee shall enter into the
appropriate agreement with the City, as determined by the City, prior to
constructing, attaching, or operating a facility on Municipal Infrastructure. This
permit is not a substitute for such agreement.
(19) Conflicts with Improvements. For all facilities located within the ROW, the
permittee shall remove or relocate, at its expense and without expense to the city,
any or all of its facilities when such removal or relocation is deemed necessary by
the city by reason of any change of grade, alignment, or width of any right-of-way,
for installation of services, water pipes, drains, storm drains, power or signal lines,
traffic control devices, right-of-way improvements, or for any other construction,
repair, or improvement to the right-of-way. Relocation shall occur within 90 days
after receiving notification from the City.
(20) Abandonment. If a facility is not operated for a continuous period of ninety (90)
days, the wireless encroachment permit and any other permit or approval therefor
shall be deemed abandoned and terminated automatically, unless before the end of
the ninety (90) day period (i) the City Engineer has determined that the facility has
resumed operations, or (ii) the City has received an application to transfer the
permit to another service provider. No later than ninety (90) days from the date the
facility is determined to have ceased operation or the permittee has notified the City
Engineer of its intent to vacate the site, the permittee shall remove all equipment
and improvements associated with the use and shall restore the site to its original
condition to the satisfaction of the City Engineer. The permittee shall provide
written verification of the removal of the facilities within thirty (30) days of the date
the removal is completed. If the facility is not removed within thirty (30 )days after
the permit has been discontinued pursuant to this subsection, the site shall be
deemed to be a nuisance, and the City may cause the facility to be removed at
permittee's expense or by calling any bond or other financial assurance to pay for
removal. If there are two (2) or more users of a single facility or support structure,
then this provision shall apply to the specific elements or parts thereof that were
abandoned, but will not be effective for the entirety thereof until all users cease use
thereof.
(21) Encourage Co-location. Where the facility site is capable of accommodating a co-
located facility upon the same site in a manner consistent with the permit conditions
for the existing facility, the owner and operator of the existing facility shall allow
co-location of third party facilities, provided the parties can mutually agree upon
reasonable terms and conditions.
(22) Records. The permittee must maintain complete and accurate copies of all permits
and other regulatory approvals issued in connection with the facility, which
includes without limitation this approval, the approved plans and photo simulations
Attachment 1, Page 12 of 15
incorporated into this approval, all conditions associated with this approval and any
ministerial permits or approvals issued in connection with this approval. In the
event that the permittee does not maintain such records as required in this condition
or fails to produce true and complete copies of such records within a reasonable
time after a written request from the city, any ambiguities or uncertainties that
would be resolved through an inspection of the missing records will be construed
against the permittee.
(23) Attorney's Fees. In the event the City determines that it is necessary to take legal
action to enforce any of these conditions, or to revoke a permit, and such legal
action is taken, the Permittee shall be required to pay any and all costs of such legal
action, including reasonable attorney's fees, incurred by the City, even if the matter
is not prosecuted to a final judgment or is amicably resolved, unless the City should
otherwise agree with Permittee to waive said fees or any part thereof. The
foregoing shall not apply if the Permittee prevails in the enforcement proceeding.
(b) Eligible Facilities Requests. In addition to the conditions provided in Section 7-10.08(a)
of this Article and any supplemental conditions imposed by the City Engineer as the case
may be, all permits for an eligible facility requests granted pursuant to this Article shall be
subject to the following additional conditions, unless modified by the approving authority:
( 1) Permit subject to conditions of underlying permit. Any permit granted in response
to an application qualifying as an eligible facilities request shall be subject to the
terms and conditions of the underlying permit.
(2) No permit term extension. The city's grant or grant by operation of law of an
eligible facilities request permit constitutes a federally-mandated modification to
the underlying permit or approval for the subject tower or base station.
Notwithstanding any permit duration established in another permit condition, the
city's grant or grant by operation of law of a eligible facilities request permit will
not extend the permit term for the underlying permit or any other underlying
regulatory approval, and its term shall be coterminous with the underlying permit or
other regulatory approval for the subject tower or base station.
(3) No waiver of standing. The city's grant or grant by operation of law of an eligible
facilities request does not waive, and shall not be construed to waive, any standing
by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that
interpret Section 6409(a) of the Spectrum Act, or any modification to Section
6409(a) of the Spectrum Act.
(c) Small Cell Facilities Requests. In addition to the conditions provided in Section 7-
10.08(a) of this Article and any supplemental conditions imposed by the City Engineer as
the case may be, all permits for a small cell facility granted pursuant to this Article shall be
subject to the following condition, unless modified by the approving authority:
(1) No waiver of standing. The city's grant of a permit for a small cell facility request
does not waive, and shall not be construed to waive, any standing by the city to
challenge any FCC orders or rules related to small cell facilities, or any
modification to those FCC orders or rules.
Section 7-10.09. Breach; Termination of Permit.
Attachment 1, Page 13 of 15
(a) For breach. A wireless encroachment permit may be revoked for failure to comply with
the conditions of the permit or applicable law. Upon revocation, the wireless facility must be
removed; provided that removal of a support structure owned by City, a utility, or another
entity authorized to maintain a support structure in the right-of-way need not be removed, but
must be restored to its prior condition, except as specifically permitted by the City. All costs
incurred by the City in connection with the revocation and removal shall be paid by entities
who own or control any part of the wireless facility.
(b) For installation without a permit. An wireless facility installed without a wireless
encroachment permit (except for those exempted by this Article) must be removed; provided
that removal of support structure owned by City, a utility, or another entity authorized to
maintain a support structure in the right of way need not be removed, but must be restored to
its prior condition, except as specifically permitted by the City. All costs incurred by the
City in connection with the revocation and removal shall be paid by entities who own or
control any part of the wireless facility.
(c) Municipal Infraction. Any violation of this Article will be subject to the same penalties
as a violation of the San Juan Municipal Code Section 7-4.03.
Section 7-10.010. Infrastructure Controlled By City. The City, as a matter of policy, will
negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on
those structures shall be subject to the agreement. The agreement shall specify the compensation
to the City for use of the structures. The person seeking the agreement shall additionally
reimburse the City for all costs the City incurs in connection with its review of, and action upon
the person's request for, an agreement.
Section 7-10.011. Nondiscrimination. In establishing the rights, obligations and conditions
set forth in this article, it is the intent of the City to treat each applicant or right-of-way user in a
competitively neutral and nondiscriminatory manner, to the extent required by law, and with
considerations that may be unique to the technologies, situation and legal status of each
particular applicant or request for use of the rights-of-way.
SECTION 4: The City Manager, or his or her delegate, is directed to execute all
documents and to perform all other necessary City acts to implement effect this Ordinance.
SECTION 5: CEQA. This Ordinance is not a project within the meaning of Section
15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it
has no potential for resulting in physical change in the environment, directly or indirectly. The
Ordinance does not authorize any specific development or installation on any specific piece of
property within the City's boundaries. Moreover, when and if an application for installation is
submitted, the City will at that time conduct preliminary review of the application in accordance
with CEQA. Alternatively, even if the Ordinance is a "project" within the meaning of State
CEQA Guidelines section 153 78, the Ordinance is exempt from CEQA on multiple grounds.
First, the Ordinance is exempt CEQA because the City Council's adoption of the Ordinance is
covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. (State CEQA Guidelines,§ 1506l(b)(3)). That
is, approval of the Ordinance will not result in the actual installation of any facilities in the City.
In order to install a facility in accordance with this Ordinance, the wireless provider would have
Attachment 1, Page 14 of 15
to submit an application for installation of the wireless facility. At that time, the City will have
specific and definite information regarding the facility to review in accordance with CEQA.
And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in
the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a
particular site, the installation would be exempt from CEQA review in accordance with either
State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines
section 15303 (new construction or conversion of small structures), and/or State CEQA
Guidelines section 15304 (minor alterations to land). The City Council, therefore, directs that a
Notice of Exemption be filed with the County Clerk of the County of Orange within five
working days of the passage and adoption of the Ordinance.
SECTION 6: Severability. If any section, subsection, provision, sentence, clause,
phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any
court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair
any remaining section, subsection, provision, sentence, clause, phrase or word included within
this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and
shall remam m full force and effect, valid, and enforceable.
SECTION 7: In accordance with California Government Code Section 36937(b), this
ordinance shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF SAN JUAN CAPISTRANO this 16th
day of April 2019, by the following vote:
Brian L. Maryott, Mayor
ATTEST:
Maria Morris, City Clerk
Attachment 1 , Page 15 of 15
MUNICIPAL FACILITY LICENSE AGREEMENT
THIS MUNICIPAL FACILITY LICENSE AGREEMENT (the "Agreement") is dated as
of 20_ (the date fully executed by all parties, referred to herein as
"Effective Date"), and entered into by and between the City of San Juan Capistrano, a California
municipal corporation (the "Licensor"), and ("Licensee"). Licensor and
Licensee are referred to herein collectively as the "Parties" or individually as a "Party."
Recitals
A. WHEREAS, the Licensor is the owner of certain Municipal Facilities (as defined
below) located in the Rights-of-Way (as defined below) of the City of San Juan Capistrano
("City");
B. WHEREAS, Licensee is authorized to conduct business as a telephone corporation
in the State of California;
C. WHEREAS, Licensee desires to use space on certain of the Licensor's Municipal
Facilities in the Rights-of-Way to construct, attach, install, operate, and maintain of its Equipment
(as defined below);
D. WHEREAS, Licensor is willing to allow Licensee to use and physically occupy
portions of the Municipal Facilities in the Rights-of-Way subject to the terms and conditions of
this Agreement.
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to the following covenants, terms, and
conditions:
1. DEFINITIONS. The following definitions shall apply generally to the provisions of this
Agreement:
1.1 "Equipment" means the equipment cabinets, antennas, utilities, and fiber optic
cables, wires, and related equipment, whether referred to individually or collectively, to be
installed on a Municipal Facility and operated by Licensee under a particular Supplement.
1.2 "Hazardous Substance" means any substance, chemical or waste that is identified
as hazardous or toxic in any applicable federal, state or local law or regulation, including, but not
limited to, petroleum products and asbestos.
1.3 "Laws" means any and all applicable statutes, codes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, court orders, or
other requirements of the Licensor or other governmental agency having joint or several
jurisdiction over the parties to this Agreement as such laws may be amended from time to time.
Attachment 2, Page 1 of 26
1.4 "License Fee" means the compensation paid under any Supplement for use of the
Municipal Facilities.
1.5 "Make-Ready Work" means the work required on or in a Municipal Facility to
create space for the Equipment, and/or replacing and/or reinforcing the existing Municipal Facility
to accommodate Equipment including, but not limited to, rearrangement or transfer of existing
Equipment and the facilities of other entities, and Municipal Facility relocation and replacement
if applicable.
1.6 "Municipal Facilities" means City-owned structures, objects, and equipment in the
rights-of-way, including, but limited to, street lights, traffic signal control structures, banners,
street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within
the rights-of-way.
1.7 "Person" means and includes any individual, partnership of any kind, corporation,
limited liability company, association, joint venture, or other organization, however formed, as
well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.
1.8 "PUC" means the California Public Utilities Commission.
1.9 "Right(s)-of-Way" or "ROW" means the surface of and the space above and below
the public streets, roads, and alley right-of-way, and public utility easements or other public ways
of any type whatsoever, now or thereafter located and existing within the City of San Juan
Capistrano limits, whether improved on not improved.
1.10 "Services" means the transmission and reception of communications signals for the
provision of personal wireless services, telecommunications services and mobile data services as
defined in federal law, but specifically excluding cable services and/or video services as defined
by the Digital Infrastructure and Video Competition Act (as codified in Public Utilities Code
section 5800 et seq.).
1.11 "Supplement" shall mean each separate authorization, granted by Licensor to
Licensee with regard to a specific Equipment installation, the form of which is attached hereto as
Exhibit A, each and every of which shall be subject to the terms and conditions of this Agreement.
1.12 "Transfer" means any transaction in which the rights and/or obligations held by
Licensee under this Agreement or a Supplement are transferred, directly or indirectly, in whole or
in part to a party other than Licensee.
2. TERM; SUPPLEMENT TERM.
2.1 Term. The initial term of this Agreement shall be for a period of ten (10) years
(the "Initial Term"), commencing on the Effective Date and ending on the tenth (10th) anniversary
thereof, unless sooner terminated as stated herein. Provided that Licensee is not in default of the
Agreement or any Supplement following written notice and the expiration of any applicable cure
period, this Agreement shall be automatically renewed for two (2) successive five (5) year renewal
terms (each, a "Renewal Term"), unless either party gives the other party written notice of the
intent not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term
-2 -
Attachment 2, Page 2 of 26
or any Renewal Term, as applicable. The Initial Term and all Renewal Terms shall be collectively
referred to herein as the "Term." Any holding over after the termination or expiration of the Term
shall constitute a default by Licensee, notwithstanding that Licensor may elect to accept one or
more payments of fees from Licensee after such default occurs.
2.2 Supplement Term. Unless otherwise specified in a Supplement, the initial term
for each particular Supplement shall begin on its effective date ("Supplement Effective Date") and
shall end upon the expiration of the Term, unless such individual Supplement is earlier terminated
or this Agreement is extended or terminated, as provided for herein (the "Supplement Term"). All
of the provisions of this Agreement shall be in effect during the Supplement Term. The expiration
or termination of the Agreement shall immediately terminate all Supplements. Any holding over
after the expiration of the Supplement Term shall constitute a default by Licensee, notwithstanding
that Licensor may elect to accept one or more payments of fees from Licensee after such default
occurs.
3. REPRESENTATION CONCERNING SERVICES; No AUTHORIZATION TO PROVIDE OTHER
SERVICES. Licensee represents, warrants, and covenants that its Equipment installed pursuant to
this Agreement and each Supplement will be utilized solely for providing the Services, and
Licensee is not authorized to and shall not use its Equipment installed on Municipal Facilities to
offer or provide any other services not specified herein without Licensor consent. At any time that
Licensee ceases to operate as a provider of Services under federal or state law, it shall provide
written notice of the same to Licensor within seven (7) days of such cessation, at which time the
Licensor shall have the option, in its sole discretion and upon six (6) months' written notice to
Licensee, to terminate this Agreement and to require the removal of Licensee's Equipment from
the ROW and from Municipal Facilities, including the cost of any site remediation, at no cost to
the Licensor, without any liability to Licensee related directly or indirectly to such termination.
4. SCOPE OF AGREEMENT. Licensee may only use Municipal Facilities pursuant to an
approved Supplement. Any and all rights expressly granted to Licensee under this Agreement shall
be exercised at Licensee's sole cost and expense, and shall be subject to the restrictions set forth
herein
4.1 Attachment to Municipal Facilities. Subject to the conditions herein, Licensor
hereby authorizes and permits Licensee to locate, place, attach, install, operate, maintain, control,
remove, reattach, reinstall, relocate, and replace Equipment on identified Municipal Facilities
located in the ROW for the purpose of providing Services.
4.1.1 Licensee will submit to the authorized representative of the Licensor an
application substantially in the form of Exhibit B ("Application") hereto including a proposed
design for any proposed Equipment installations that identifies both the Equipment and the
Municipal Facilities Licensee proposes to use. One Application is required per Municipal Facility,
but Licensee may submit a batch of up to five (5) applications that have the same design, have the
same pole type, and are not in discouraged or prohibited locations (as identified in the City of San
Juan Capistrano's Design and Development Standards for Wireless Facilities in the Right-of-
Way).
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Attachment 2, Page 3 of 26
4.1.2 Licensor may approve, approve with conditions, or disapprove an
Application in its sole discretion; provided however, that Licensor shall not unreasonably delay its
decision. Any approved Equipment shall be included as part of the applicable Supplement.
4.1.3 If Licensee submits an Application to use a Municipal Facility that is
structurally inadequate to accommodate its proposed Equipment, Licensor may permit the
replacement of the Municipal Facility (a "Replacement Facility") with one that is acceptable to
and approved by the Licensor as part of the applicable Supplement. Any Replacement Facility
shall be installed and maintained in accordance with Section 6 of this Agreement.
4.1.4 Unmetered electricity where possible. Licensee shall be solely
responsible for obtaining and maintaining the provision of electricity to the Equipment, including,
but not limited to, making payments to electric utilities. Where commercially feasible and
available, Licensee shall secure unmetered electricity services.
4.2 Additional Authority. Nothing in this Agreement shall limit in any way
Licensee's obligation to obtain any additional required regulatory approvals or permits from any
City department, board, commission, or other governmental agency that has regulatory authority
over the Licensee's proposed activities involving use of the Municipal Facilities in the ROW.
4.3 No Interference. Licensee acknowledges and agrees that the primary purpose of
the Municipal Facilities is to serve the Licensor and the public. In the performance and exercise of
its rights and obligations under this Agreement, Licensee shall not interfere in any manner with
Licensor's own services or the existence and operation of any and all public and private rights-of-
way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground
electrical and telephone wires, traffic signals, communication facilities owned by the Licensor,
electroliers, cable television, location monitoring services, public safety and other then existing
telecommunications equipment, utilities, or municipal property, without the express written
approval of the owner or owners of the affected property or properties, except as permitted by
applicable laws or this Agreement. If such interference should occur, Licensee shall discontinue
using the Equipment, methodology, or technology that causes the interference until such time as
Licensee takes corrective measures to eliminate such interference. In the event that such
interference does not cease promptly, Licensee acknowledges that continuing interference may
cause irreparable injury and harm, and therefore, in addition to any other remedies, and without
limitation of any other remedy, Licensor shall be entitled to seek temporary and permanent
injunctions against the breach of this Subsection. Notwithstanding the foregoing, Licensor and
Licensee agree to work in good faith with each other and any other affected party to resolve any
interference to or by Licensee.
4.4 Permits; Default. In addition to any other remedies available hereunder, whenever
Licensee is in default of this Agreement or an applicable Supplement, after notice and applicable
cure periods, Licensor may deny further encroachment, excavation, or similar permits for work in
connection with installations under this Agreement until such time as Licensee cures all of its
defaults.
4.5 Compliance with Laws. Licensee shall comply with all Laws in the exercise and
performance of its rights and obligations under this Agreement.
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Attachment 2, Page 4 of 26
4.6 Non-Exclusive Use Rights. Notwithstanding any other provision of this
Agreement, any and all rights expressly or impliedly granted to Licensee under this Agreement
shall be non-exclusive, and shall be subject and subordinate to (1) the continuing right of the
Licensor to use, and to all my any other person or persons to use, any and all parts of the ROW or
Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the
public easement for streets and any and all other deeds, easements, dedications, conditions,
covenants, restrictions, encumbrances, and claims of title (collectively, "Encumbrances") which
may affect the ROW or Municipal Facilities now or at any time during the term of this Agreement,
including, without limitation any Encumbrances granted, created, or allowed by the Licensor at
any time.
5. COMPENSATION. Licensee shall be solely responsible for the payment of all fees in
connection with Licensee's performance under this Agreement, including, but not limited to, those
set forth below.
5.1 One Time Fees. The Licensor activities described in Section 5 .1 are "One-Time
Fees" that reimburse the City for its costs associated with reviewing and approving applications to
attach Equipment on identified Municipal Facilities located in the ROW, this Agreement and
Supplements to this Agreement for additional locations. The Licensor shall track its time spent
reviewing the Licensee submittals for Licenses, Supplements and associated permit activities
described below, and charge its hourly rate for any time spent above the amount to be recovered
from any deposit. The fee amounts shall be assessed and administered consistent with standard
Licensor practice and fee schedule(s) for an encroachment permit and inspections as currently
adopted and subsequently amended or replaced, in a manner consistent with applicable law.
5.1.1 Permit Fees. Licensee shall be responsible for paying all costs associated
with City review, processing and inspection as part of all permit applications filed for the
installation, modification, maintenance and removal of Equipment on identified Municipal
Facilities located in the ROW.
5.1.2 License and Supplement Fee. Licensee shall be responsible for paying all
costs associated with City review and processing of this Agreement and any Supplements thereto
(or any amendment thereto) and/or the other administrative review, consultation, and inspection
described in this Agreement, including review of Company submittals.
5.2 License Fees.
5.2.1 Rent. Licensee acknowledges that the FCC has adopted a Declaratory
Ruling (FCC 18-133) that relates to the rent which went into effect on January 14, 2019 but that
Declaratory Ruling is currently the subject of litigation. Paragraphs 5.2.2, 5.2.3 and 5.2.4 govern
the payment of rent and how it may be impacted by the Declaratory Ruling and the resolution of
related litigation during the Term and any renewal terms.
5.2.2 During any period in which the FCC Declaratory Ruling (FCC 18-133) is
in effect and during any period in which the Alternate Rent provisions in paragraph 5.2.3 are not
applicable, the Licensee shall pay Rent as described in this paragraph. Licensee shall pay to the
Licensor the base amount of two hundred and seventy dollars ($270.00) per calendar year for each
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location covered by a Supplement. The base amount under all Supplements shall be subject to an
annual adjustment of three percent (3%) applied on each anniversary of the Effective Date. Any
new Supplements entered into during a given year shall commence at the rent, as adjusted by this
Section to reflect the then-current rate. (the "Rent"). Rent for the first calendar year of a
Supplement for each location shall be pro-rated based on the number of days covered from the
Supplement Effective Date to the next anniversary of the Effective Date of the Agreement. There
shall be no refunds of Rent paid due to the termination or expiration of the Agreement or any
Supplement for any reason.
5.2.3 Alternate Rent. In the event the relevant provisions of the FCC Declaratory
Ruling cease to be effective, (for example, because they are stayed after having gone into effect,
or they are vacated or invalidated and have not been replaced by the FCC with an alternative
provision setting a specific amount as Rent), the Licensee shall automatically and immediately be
obligated to pay Alternate Rent as described in this paragraph and paragraph 5.2.5, if
applicable. For each location covered by a Supplement, Licensee shall pay to the Licensor
alternate rent in the base amount of one thousand five hundred dollars ($1,500.00) per calendar
year. The base amount under all Supplements shall be subject to an annual adjustment of three
percent (3%) applied on each anniversary of the Effective Date. ("Alternate Rent"). Alternate
Rent for the first calendar year of a Supplement for each individual location shall be pro-rated
based on the number of days covered from the Supplement Effective Date to the next anniversary
of the Effective Date of the Agreement. There shall be no refunds of Alternate Rent paid due to
the termination or expiration of the Agreement or any Supplement for any reason. If the relevant
part of the FCC Order governing rents is partially vacated or partially invalidated, at Licensee's
request, the parties can meet and confer in good faith on whether any modification to this provision
is warranted to reflect the outcome (i.e. the partial vacation or partial invalidation of the relevant
part of the FCC Order).
5.2.4 The Licensor agrees that irrespective of whether the relevant provisions of
the FCC Declaratory Ruling (FCC 18-133) cease to be effective, no Alternate Rent shall be due
for any periods during which the relevant provisions of the FCC Declaratory Ruling were in
effect. However, if Licensee has paid Rent pursuant to the provisions of Section 5 .2.2 above for a
calendar year, and the relevant provisions of the FCC Declaratory Ruling subsequently cease to be
effective during the same calendar year, the Licensee shall pay the difference between the Rent
and the Alternate Rent for the period from the date the relevant provisions of the FCC Declaratory
Ruling ceased to be effective, until December 31 of that year ("Rent Adjustment"). Such Rent
Adjustment shall be paid to Licensor along with the next License Fee payment.
5.2.5 Receipt of any Rent or Alternate Rent by the Licensor, with knowledge of
any breach of this Agreement by Licensee, or of any default on the part of Licensee in the
observance or performance of any of the conditions or covenants of this Agreement, shall not be
deemed a waiver of any provision of this Agreement.
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Attachment 2, Page 6 of 26
5.3 Payment.
5.3.1 Licensee shall make the first payment of the License Fee under any
Supplement within forty-five (45) days of the Supplement Effective Date (as defined therein). The
amount of the first payment of the License Fee for any Supplement shall be prorated to cover the
period from the Supplement Effective Date of the applicable Supplement to the next anniversary
of the Effective Date of this Agreement. Thereafter, the License Fee shall be paid in advance for
each Municipal Facility used on or before each anniversary of the Effective Date. Acceptance by
Licensor of any payment of the License Fee shall not be deemed a waiver by Licensor of any
breach of this Agreement occurring prior thereto, nor will the acceptance by Licensor of any such
payment preclude Licensor from later establishing that a greater amount was actually due or from
collecting any balance that is due. As a prerequisite to the payment of License Fee, Licensor
hereby agrees to provide to Licensee certain documentation (the "License Documentation")
evidencing Licensor's interest in, and right to receive payments under, this Agreement, including
without limitation: (i) a complete and fully executed Internal Revenue Service Form W-9, or
equivalent, in a form acceptable to Licensee, for any party to whom License Fee payments are to
be made pursuant to this Agreement; and (ii) other documentation requested by Licensee in
Licensee's reasonable discretion. From time to time during the Term of this Agreement and within
thirty (30) days of a written request from Licensee, Licensor agrees to provide updated License
Documentation in a form reasonably acceptable to Licensee.
5.3.2 The License Fee shall be paid by check made payable to the City and mailed
or delivered to the Finance Department, at the address provided for in Section 10 below. The place
and time of payment may be changed at any time by Licensor upon thirty (30) days' written notice
to Licensee. Mailed payments shall be deemed paid upon the date such payment is officially
postmarked by the United States Postal Service. If postmarks are illegible to read, the payment
shall be deemed paid upon actual receipt. Licensee assumes all risk of loss and responsibility for
late payment charges if payments are made by mail. Notwithstanding the foregoing, upon
agreement of the parties, Licensee may pay the License Fee by electronic funds transfer, and if
agreed, the Licensor will provide to Licensee bank routing information for such purpose upon
request of Licensee.
5.4 Delinquent Payment. A five percent (5%) late fee shall be added to the License
Fee if not received by Licensor within ten (10) calendar days after the due date. In addition, all
unpaid fees shall accrue interest on the amount due at the rate of one percent (1 %) until paid in
full. All late fees and interest payments shall be treated as part of, and subject to the same terms
as, the License Fee under this Agreement.
5.5 Additional Remedies. The late fee set forth in Section 5.4 above is not exclusive,
and does not preclude the Licensor from pursuing any other or additional remedies in the event
that payments become overdue by more than thirty (30) days.
6. CONSTRUCTION. Licensee shall comply with all applicable federal, state, and local codes
related to the construction, installation, operation, maintenance, and control of Licensee's
Equipment installed on Municipal Facilities. Licensee shall not attach, install, maintain, or operate
any Equipment on Municipal Facilities without the prior written approval of an authorized
representative of the Licensor for each location as evidenced in a signed Supplement. Licensee
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Attachment 2, Page 7 of 26
shall keep the Municipal Facilities free and clear from any liens arising out of any work performed,
material furnished, or obligations incurred by or for Licensee.
6.1 Installation and Operation. Within thirty (30) days of the completion of each
installation, Licensee shall promptly furnish to Licensor As-Built drawings of the current location
of the Equipment in or on the Municipal Facility. That information must be provided in a format
that is compatible with Licensor's information technology, including but not limited to ESRI
compatible GIS shapefiles, which Licensor shall provide to Licensee upon request.
6.2 Design Standards. Licensee shall design, construct, and install the Equipment and
any Replacement Facility in compliance with the design standards set forth pursuant to Section 7-
10.0S(c) of the City of San Juan Capistrano Municipal Code, or any applicable successor
provision(s), and the City permit and conditions of approval. All future Supplements and
modifications to existing Equipment shall be subject to then-current design standards in the City
of San Juan Capistrano. By entering into this Agreement, Licensee agrees that the design standards
required by this Section are technically feasible and reasonably directed at accomplishing the
aesthetic goals of Licensor.
6.3 Obtaining Required Permits. Licensee acknowledges that in addition to a signed
Supplement, each installation of Equipment and maintenance thereof shall also be subject to then-
current City permitting requirements as set out in the City's Municipal Code. Licensee agrees to
comply with the current applicable ordinances regarding such installations and maintenance as
well as any future regulations that may be adopted by the City related to such installations and
maintenance. Licensee shall apply for the appropriate permits and pay any standard and customary
permit fees.
6.4 Relocation and Displacement of Equipment.
6.4.1 This Agreement creates no right for Licensee to receive any relocation
assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation
Assistance Act, or under any existing or future law upon any termination of tenancy.
6.4.2 Licensee understands and acknowledges that Licensor may require
Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor's
direction and upon one hundred twenty (120) days' prior written notice to Licensee, relocate such
Equipment at Licensee's sole cost and expense whenever Licensor reasonably determines that the
relocation is needed for any of the following purposes: (a) if required for the construction,
modification, completion, repair, relocation, or maintenance of a Licensor or other public agency
project; (b) because the Equipment is interfering with or adversely affecting proper operation of
Licensor-owned Municipal Facilities; or (c) to protect or preserve the public health or safety,
including, but not limited to, the safe or efficient use ofrights-of-way. In any such case, Licensor
shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. If
Licensee shall fail to relocate any Equipment as requested by the Licensor within the prescribed
time, Licensor shall be entitled to remove or relocate the Equipment at Licensee's sole cost and
expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and
expenses incurred by the Licensor in performing any removal work and any storage of Licensee's
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Attachment 2, Page 8 of 26
property after removal within forty-five (45) days of the date of a written demand, and supporting
documentation, for this payment from the Licensor.
6.4.3 To the extent the Licensor has actual knowledge thereof, the Licensor will
attempt, within two business days, to inform Licensee of the displacement or removal of any
Municipal Facility on which any Equipment is located.
6.5 Relocations at Licensee's Request. In the event Licensee desires to relocate any
Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor
will use reasonable efforts to accommodate Licensee by making another reasonably equivalent
Municipal Facility available for use in accordance with and subject to the terms and conditions of
this Agreement. Licensor may require Licensee to submit an application and/or enter into a new
Supplement for the prospective relocation site. Licensee shall be liable for all costs of relocation,
including any costs which Licensor may incur.
6.6 Make Ready
6.6.1 Make Ready Work and Costs.
(a) Licensee shall bear responsibility for all Make-Ready Work. If a
Person other than Licensee or Licensor would have to rearrange or adjust any of its facilities in
order to accommodate new Equipment, Licensee shall be responsible, at Licensee's sole expense,
to coordinate such activity. Licensee shall be responsible for directly paying such other Person for
its charges for the same. If Licensee is requested by another Person, in comparable circumstances,
to relocate or adjust any Equipment to accommodate that Person's facilities, subject to Licensor's
written approval of such relocation, Licensee shall reasonably cooperate with such request.
(b) Construction, installation, and operation of the Equipment shall be
conditioned on the completion of all Make-Ready Work needed to establish full compliance with
NESC, and with Licensor's regulatory rules and engineering standards; provided, however, that
Licensee shall not be responsible for any third-party or Licensor costs necessary to correct third
party or Licensor attachments that are non-compliant at the time of Licensee's Application.
6.6.2 Notificati on of Completion of In stallation . Within twenty (20) business
days of completing the installation of Equipment on each Municipal Facility, Licensee shall notify
Licensor of such completion.
6.7 Replacement Facilities
6.7.1 Ownership of Replacement Fac ili ties
Licensor shall own any approved Replacement Facility. Where needed, Licensee shall cooperate
with Licensor to transfer ownership and any associated warranties of any Replacement Facility
from Licensee to Licensor without charge to Licensor.
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Attachment 2, Page 9 of 26
6.7.2 Replacement Facility ln tallation
If Licensee is performing Make-Ready Work, Licensee shall be responsible for providing
and installing any approved Replacement Facility.
6.8 Damage, Maintenance & Repair.
6.8.1 Licensee shall, at its sole cost and expense and to the satisfaction of the
Licensor: (a) remove, repair, or replace any of its Equipment that is damaged or becomes detached;
and/or (b) repair any damage to ROW, Municipal Facilities, or other property, whether public or
private, caused by Licensee, its agents, employees, or contractors in their actions relating to
attachment, operation, repair, or maintenance of Equipment. Licensee shall complete such
removal, repair, or replacement within thirty (30) days' of written notice.
6.8.2 Licensor shall maintain and keep the Municipal Facilities authorized to be
used by Licensee pursuant to any Supplement (other than any Replacement Facilities) in good
condition in accordance with Licensor's standard maintenance requirements. Such maintenance of
Municipal Facilities shall be at Licensor's sole cost and expense, except to the extent this
Agreement provides otherwise. In the event that a Replacement Facility needs to be cleared from
the ROW, Licensor shall conduct this work. In the event a Replacement Facility needs to be
replaced or repaired, Licensee shall conduct this work at Licensee's own expense. In this case
Licensee will notify Licensor, City Engineer at (949) 443-6353 before beginning the work.
6.8.3 If Licensee does not remove, repair, replace, or otherwise remediate such
damage to its Equipment, a Replacement Facility, or to the ROW, Municipal Facilities or other
property as required in this Section 6.8, the Licensor shall have the option to perform or cause to
be performed removal, repair, or replacement on behalf of Licensee and shall charge Licensee for
the actual costs incurred by the Licensor. If such damage causes a public health or safety
emergency, as reasonably determined by Licensor, Licensor may immediately perform reasonable
and necessary repair or removal work on behalf of Licensee and will notify Licensee as soon as
practicable; provided, however, that such repair work shall not include any technical work on
Licensee's Equipment. Licensor shall have no obligation to maintain or safeguard the Equipment.
6.8.4 Upon the receipt of a demand for payment by the Licensor pursuant to this
Section 6.8, Licensee shall within forty-five ( 45) days of such receipt reimburse the Licensor for
such costs.
6.8.5 The terms of this Section 6.8 shall survive the expiration termination of this
Agreement.
6.9 Change in Equipment. If Licensee desires to install Equipment which is different
in any material way from the then-existing and approved Equipment, then Licensee shall first
obtain the written approval for the use and installation of such Equipment from an authorized
representative of the Licensor. Any such approval shall take the form of an amendment to the
applicable Supplement. In addition to any other submittal requirements, and if requested by
Licensor, Licensee shall provide "load" (structural) calculations for all Equipment changes. In
addition to the foregoing, Licensee shall comply with any other applicable City permitting or
approval process for the Equipment change. Notwithstanding the foregoing, Licensor's approval
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Attachment 2, Page 1 O of 26
for modifications or an amendment to the applicable Supplement shall not be required in
connection with routine maintenance or modifications that consist of upgrades or replacement of
"like-kind" Equipment which is substantially similar (or smaller in size) in appearance,
dimensions, weight, and RF emissions to the then-existing and approved Equipment.
6.10 Unauthorized Equipment. If Licensor discovers any Equipment has been
installed on Municipal Facilities without authorization pursuant to a Supplement, Licensor may
send an invoice to Licensee for a sum equal to five (5) times the then-current License Fee as
compensation for the unauthorized attachments, and, within sixty (60) days from the date of such
invoice, Licensee shall (i) pay the invoiced amount to Licensor and submit an Application for the
unauthorized Equipment, or (ii) produce documentation showing Licensor's prior approval of the
Equipment identified in the invoice. If, in accordance with this Section, Licensee fails to pay all
fees and submit the Application or submit documentation satisfactorily showing Licensor's prior
approval within sixty (60) days of Licensor's invoice, Licensor may remove the unauthorized
Equipment at Licensee's expense. If Licensor removes such unauthorized Equipment, such
Equipment shall become the property of Licensor, who shall have sole rights over such
Equipment's disposition. Licensor's removal of unauthorized Equipment shall not release
Licensee from its obligation to pay those invoiced fees accruing pursuant to this Section.
6.11 Termination of a Supplement.
6.11.1 Licensee shall have the right to terminate any Supplement on thirty (30)
days' notice to Licensor. In the event of such termination, removal of Equipment associated with
the terminated Supplement shall be governed by Section 6.12 below and Licensor shall retain any
License Fee paid, without refund or setoff.
6.11.2 Licensor shall have the right to terminate any Supplement in any of the
following circumstances: (a) if, after initial installation, Licensor determines the covered
Equipment has been inoperative, or abandoned, for ninety (90) consecutive days; (b) if Licensee's
operation under a particular Supplement is deemed by Licensor to endanger or pose a threat to the
public health, safety, or welfare or interfere with the normal day-to-day operation of any Licensor
department or service; or ( c) Licensor is mandated by law, a court order or decision, or the federal,
state, or local government to take certain actions that will cause or require the removal of an
Equipment. Licensor shall provide written notice to Licensee regarding its intent to terminate the
applicable Supplement pursuant to this Section, after which Licensee shall have thirty (30) days to
cure, or longer pursuant to the mutual agreement of Licensor and Licensee if the reason for
termination cannot be cured within thirty (30) calendar days. If Licensee does not cure within
thirty (30) days following notice, or such other time period as established by mutual agreement of
Licensor and Licensee, Licensor may then terminate the applicable Supplement upon written
notice to Licensee.
6.12 Removal of Equipment. Within sixty (60) days after the expiration or earlier
termination of a Supplement or this Agreement, Licensee shall promptly, safely, and carefully
remove the Equipment covered by the terminated or expired Supplement from the applicable
Municipal Facility and ROW. Within sixty (60) days after the expiration or earlier termination of
this Agreement, Licensee shall promptly, safely, and carefully remove all Equipment from all
applicable Municipal Facilities and ROW. If Licensee fails to complete removal work pursuant to
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Attachment 2, Page 11 of 26
this Section, then the Licensor, upon written notice to Licensee, shall have the right at the
Licensor's sole election, but not the obligation, to perform this removal work and charge Licensee
for the actual costs and expenses, including, without limitation, reasonable administrative costs.
Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing
any removal work and any storage of Licensee's property after removal within sixty (60) days of
the date of a written demand for this payment from the Licensor. After the Licensor receives the
reimbursement payment from Licensee for the removal work performed by the Licensor, the
Licensor shall promptly make available to Licensee the property belonging to Licensee and
removed by the Licensor pursuant to this Section at no additional liability to the Licensor. If the
Licensor does not receive reimbursement payment from Licensee within such sixty (60) days, or
if Licensor does not elect to remove such items at the Licensor's cost after Licensee's failure to so
remove pursuant to this Section, or if Licensee does not remove Licensee's property within thirty
(30) days of such property having been made available by the Licensor after Licensee's payment
of removal reimbursement as described above, any items of Licensee's property remaining on or
about the ROW, Municipal Facilities, or stored by the Licensor after the Licensor's removal
thereof may, at the Licensor's option, be deemed abandoned and the Licensor may dispose of such
property in any manner by allowed for by Law. Alternatively, the Licensor may elect to take title
to the abandoned property, and Licensee shall submit to the Licensor an instrument satisfactory to
the Licensor transferring to the Licensor the ownership of such property. The provisions of this
Section shall survive the expiration or earlier termination of this Agreement.
6.13 Risk of Loss. Licensee acknowledges and agrees that Licensee, subject to the terms
of this Agreement, bears all risks of loss, damage, relocation, or replacement of its Equipment and
materials installed in the ROW or on Municipal Facilities pursuant to this Agreement from any
cause, and Licensor shall not be liable for any cost of replacement or of repair to damaged
Equipment, including, without limitation, damage caused by the Licensor's removal of the
Equipment, except to the extent that such loss or damage was caused by the willful misconduct or
gross negligence of the Licensor, including, without limitation, each of its elected officials,
department directors, managers, officers, agents, employees, and contractors, subject to the
limitation of liability provided in Section 7 .3 below.
6.14 Hazardous Substances. Licensee agrees that Licensee, its contractors,
subcontractors, and agents, will not use, generate, store, produce, transport, or dispose any
Hazardous Substance on, under, about or within the area of a ROW or Municipal Facility in
violation of any Law. Except to the extent of the gross negligence or intentional misconduct of
Licensor, Licensee will pay, indemnify, defend, and hold Licensor harmless against and to the
extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed
of, or used by Licensee pursuant to this Agreement. Licensee will ensure that any on-site or off-
site storage, treatment, transportation, disposal or other handling of any Hazardous Substance will
be performed by persons who are properly trained, authorized, licensed and otherwise permitted
to perform those services.
6.15 Inspection. Licensor may conduct inspections of Equipment on Municipal
Facilities. Except in circumstances where Licensor has special reason to be concerned about
potential violations or in case of an emergency, Licensor will give Licensee thirty (30) days' prior
written notice of such inspections, and Licensee shall have the right to be present at and observe
any such inspections. Licensee shall pay Licensor for its actual and reasonable costs for safety
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Attachment 2, Page 12 of 26
inspections performed for the purpose of determining if a safety violation of which Licensor has
provided notice to Licensee has been corrected by Licensee.
6.16 Access.
Licensee shall have access to the Equipment for non-emergency purposes, between the hours of
8:00 am and 4:00 pm, Monday through Friday consistent with the Municipal Code's limitation on
construction noise and/or activity. If Licensee requires non-emergency access outside of these
hours, Licensee shall make a request during business hours by calling the following telephone
number: 949-493-1171. In the event of an emergency at any time, Licensee will, if time permits,
attempt to provide prior telephonic notice to the Licensor at the following telephone number: 949-
493-1171.
7. INDEMNIFICATION AND WAIVER. Licensee agrees to indemnify, defend, protect, and hold
harmless the Licensor, its council members, officers, employees, agents and contractors from and
against any and all claims, demands, losses, including pole warranty invalidation, damages,
liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments,
and all costs and expenses incurred in connection therewith, including reasonable attorney's fees
and costs of defense (collectively, the "Losses") to the extent arising from, resulting from, or
caused by Licensee's activities undertaken pursuant to this Agreement, including, without
limitation, the construction, design, use, or operation of the Equipment or provision of the Services,
except to the extent arising from or caused by the gross negligence or willful misconduct of the
Licensor, its council members, officers, employees, agents, or contractors.
7.1 Waiver of Claims. Licensee waives any and all claims, demands, causes ofaction,
and rights it may assert against the Licensor on account of any loss, damage, or injury to any
Equipment or any loss or degradation of the Services as a result of any event or occurrence which
is beyond the control of the Licensor.
7.2 Waiver of Subrogation. Licensee hereby waives and releases any and all rights
of action for negligence against Licensor which may hereafter arise on account of damage to
Equipment, Municipal Facilities, or to the ROW, regardless of whether or not, or in what amounts,
such insurance is now or hereafter carried by the Licensee. This waiver and release shall apply
between the parties and shall also apply to any claims under or through either party as a result of
any asserted right of subrogation. All such policies of insurance obtained by Licensee concerning
the Municipal Facilities, Equipment, or the ROW shall waive the insurer's right of subrogation
against the Licensor.
7.3 Limitation on Consequential Damages. Neither party shall be liable to the other,
or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss
of technology, rights or services, incidental, punitive, indirect, special or consequential damages,
loss of data, or interruption or loss of use of service, even if advised of the possibility of such
damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
8. INSURANCE. Licensee shall obtain and maintain at all times during the Term (a)
Commercial General Liability insurance with a limit of ten million ($10 million) per occurrence
for bodily injury and property damage and eleven million ($ 11 million) general aggregate
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Attachment 2, Page 13 of 26
including premises-operations, contractual liability, personal injury, and products completed
operations; and (b) Commercial Automobile Liability insurance covering all owned, non-owned,
and hired vehicles with a limit of five million ($5 million) each accident for bodily injury and
property damage. The required insurance policies shall name the Licensor, its elected/appointed
officials, commission members, officers, representatives, agents, and employees as additional
insured as respects any covered liability arising out of Licensee's performance of work under this
Agreement. Coverage shall be in an occurrence form and in accordance with the limits and
provisions specified herein. Upon receipt of notice from its insurer, Licensee shall use its best
efforts to provide the Licensor with thirty (30) days prior written notice of cancellation. Licensee
shall be responsible for notifying the Licensor of such change or cancellation. Licensee's
indemnity and other obligations shall not be limited by the foregoing insurance requirements. If
Licensee fails, for any reason, to obtain or maintain insurance coverage required by this Agreement
or fails to furnish certificates of insurance as detailed in Section 8.1, such failure shall be deemed
a material breach of this Agreement, giving Licensor, in its discretion, the option to terminate this
Agreement and obtain damages therefor.
8.1 Filing of Certificates and Endorsements. Prior to the commencement of any
work pursuant to this Agreement, Licensee shall file with the Licensor the required certificate(s)
of insurance with blanket additional insured endorsements, which shall state the following:
(a) the policy number; name of insurance company; name and address
of the agent or authorized representative; name and address of insured; project name; policy
expiration date; and specific coverage amounts;
(b) that Licensee's Commercial General Liability insurance policy is
primary as respects any other valid or collectible insurance that the Licensor may possess,
including any self-insured retentions the Licensor may have; and any other insurance the Licensor
does possess shall be considered excess insurance only and shall not be required to contribute with
this insurance; and
(c) that Licensee's Commercial General Liability insurance policy
waives any right of recovery the insurance company may have against the Licensor.
The certificate(s) of insurance with endorsements and notices shall be mailed to the
Licensor at the address specified in Section 9 below.
8.2 Workers' Compensation Insurance. Licensee shall obtain and maintain at all
times during the Term of this Agreement statutory workers' compensation and employer's liability
insurance in an amount not less than one million ($1 million) and shall furnish the Licensor with
a certificate showing proof of such coverage.
8.3 Insurer Criteria. Any insurance provider of Licensee shall be admitted and
authorized to do business in the State of California and shall carry a minimum rating assigned by
A.M Best & Company's Key Rating Guide of "A" Overall and a Financial Size Category of"VII."
8.4 Severability of Interest. "Severability of interest" or "separation of insureds"
clauses shall be made a part of the Commercial General Liability and Commercial Automobile
Liability policies.
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Attachment 2, Page 1'4 of 26
9. NOTICES.
9.1 Method and Delivery of Notices. All notices pursuant to this Agreement shall be
in writing and delivered personally or transmitted (a) through the United States mail, by registered
or certified mail, postage prepaid; or (b) by means of prepaid overnight delivery service, addressed
as follows:
If to the Licensor:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn. Finance Department
If to Licensee: [LICENSEE INFORMATION]
9.2 Date of Notices; Changing Notice Address. Notices shall be deemed given upon
receipt in the case of personal delivery, three days after deposit in the mail, or the next business
day in the case of overnight delivery. Either party may from time to time designate any other
address for this purpose by written notice to the other party delivered in the manner set forth in
this Section.
10. DEFAULT; CURE; REMEDIES.
10.1 Licensee Default and Notification. This Agreement is granted upon each and
every condition herein, and each of the conditions is a material and essential condition to the
granting of this Agreement. Except for causes beyond the reasonable control of Licensee, if
Licensee fails to comply with any of the conditions and obligations imposed hereunder, and if such
failure continues for more than thirty (30) days after written demand from the Licensor to
commence the correction of such noncompliance on the part of Licensee, the Licensor shall have
the right to revoke and terminate this Agreement by written notice to Licensee, if such failure is in
relation to the Agreement as whole, or any individual Supplement, if such failure is in connection
solely with such Supplement, in addition to any other rights or remedies set forth in this Agreement
or provided by law.
10.2 Cure Period. If the nature of the violation is such that it cannot be fully cured
within forty ( 45) days due to circumstances not under Licensee's control, the period of time in
which Licensee must cure the violation shall be extended for such additional time reasonably
necessary to complete the cure, provided that: (a) Licensee has promptly begun to cure; (b)
Licensee is diligently pursuing its efforts to cure; and (c) Licensee provides a timeline to complete
its cure efforts and responds within forty-eight (48) hours of any status request by Licensor.
Licensor may not maintain any action or effect any remedies for default against Licensee, unless
-15 -
Attachment 2, Page 15 of 26
and until Licensee has failed to cure the breach within the time periods provided in these Sections
10.1 and 10.2.
10.3 Licensor Default. If Licensor breaches any covenant or obligation of Licensor
under this Agreement in any manner, and if Licensor fails to commence to cure such breach within
forty (45) days after receiving written notice from Licensee specifying the violation (or if Licensor
fails thereafter to diligently prosecute the cure to completion), then Licensee may enforce any and
all of its rights and/or remedies provided under this Agreement or by Law.
11. ASSIGNMENT AND CUSTOMER EQUIPMENT. This Agreement shall be binding upon, and
inure to the benefit of, the successors and assigns of the parties.
11.1 Licensee shall not assign this Agreement or its rights or obligations to any firm,
corporation, individual, or other entity, without the prior written consent of Licensor, which
consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon thirty (30) days'
prior written notice but without the need for Licensor's consent, Licensee may assign or transfer
the rights and privileges granted herein to any parent or subsidiary of Licensee, to an entity with
or into which Licensee may merge or consolidate, to an entity which Licensee is controlled by, or
is under common control; or in connection with the sale or other transfer of such entity or to any
purchaser of all or substantially all of Licensee's assets in the FCC market area where the
Equipment is located, provided that the successor is bound by all the terms and conditions of this
Agreement and provides written confirmation to Licensor that it is then fully liable to the Licensor
for compliance with all terms and conditions of this Agreement. The Licensee shall reimburse the
Licensor for all direct and indirect costs and expenses reasonably incurred by the Licensor in
considering a request to transfer or assign this Agreement.
11.2 Licensee need not own all components of Equipment subject to this Agreement,
and may permit its customers to maintain ownership of Equipment components. However, (1) all
Equipment must be wholly under the control and management of Licensee; and Licensee shall be
liable for all acts or omissions, and all harms associated with the Equipment whether the same are
its acts or omissions, or the acts or omissions of the owner of the Equipment; and (2) Licensee
acknowledges and agrees that no rights of ownership in Equipment by Licensee's customers shall
permit any such customer to enter upon, or use the any portion of the Municipal Facilities or the
Equipment, in any other manner or at any other place, including to add to, or modify or install
Equipment, which shall be Licensee's sole responsibility. Further, Licensee may not install
Equipment it does not own on Municipal Facilities, unless the entity for on whose behalf the
Equipment has been installed acknowledges and agrees, in a form acceptable to the Licensor, that
the Licensor has not granted it a consent to be in the ROW for any purpose; that it is bound by
Licensee's representations, obligations and duties hereunder; that it shall have no rights or claims
against the Licensor of any sort related to the Equipment or Municipal Facilities; that its Equipment
may be subject to taxes, fees or assessments as provided in the Laws or the Agreement, and that
Licensor may treat any Equipment owned by such entity as if it were owned by Licensee for all
purposes (including, but not limited to, removal and relocation); and the Equipment may only be
used for the purposes and uses permitted herein. Such acknowledgement may be provided for all
Equipment on Municipal Facilities, and need not be provided separately, site by site.
-16 -
Attachment 2, Page 16 of 26
12. RECORDS; AUDITS.
12.1 Records Required by Code. Licensee will maintain complete records pursuant to
all applicable Laws.
12.2 Additional Records. The Licensor may require such additional reasonable non-
confidential information, records, and documents from Licensee from time to time as are
appropriate in order to reasonably monitor compliance with the terms of this Agreement.
12.3 Production of Records. Licensee shall provide such records within twenty (20)
business days of a request by the Licensor for production of the same, unless additional time is
reasonably needed by Licensee, in which case, Licensee shall have such reasonable time as needed
for the production of the same. If any person other than Licensee maintains records on Licensee's
behalf, Licensee shall be responsible for making such records available to the Licensor for auditing
purposes pursuant to this Section.
12.4 Public Records. Licensee acknowledges that information submitted to Licensor
may be open to public inspection and copying under the Law.
13. MISCELLANEOUS PROVISIONS. The provisions that follow shall apply generally to the
obligations of the parties under this Agreement.
13.1 Waiver of Breach. The waiver by either party of any breach or violation of any
provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any
subsequent breach or violation of the same or any other provision of this Agreement.
13.2 Severability of Provisions. If any one or more of the provisions of this Agreement
shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or
unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this
Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions
of this Agreement. Each party hereby declares that it would have entered into this Agreement and
each provision hereof regardless of whether any one or more provisions may be declared illegal,
invalid, or unconstitutional.
13.3 Contacting Licensee. Licensee shall be available to the staff employees of any
Licensor department having jurisdiction over Licensee's activities twenty-four (24) hours a day,
seven days a week, regarding problems or complaints resulting from the attachment, installation,
operation, maintenance, or removal of the Equipment. The Licensor may contact by telephone the
Licensee's network control center operator at telephone number --------
13.4 Governing Law; Jurisdiction. This Agreement shall be governed and construed
by and in accordance with the laws of the State of California, without reference to its conflicts of
law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such
action shall be vested exclusively in the state courts of Orange County, California.
13.5 Change Of Law. During the Initial term , in the event that any legislative,
regulatory, judicial, or other action ("New Law") affects the rights or obligations of the Parties or
-17 -
Attachment 2, Page 17 of 26
any term of the Agreement, the Parties agree that the Agreement shall nonetheless remain in effect
until the end of the Initial Term unless mutually agreed to in writing by the Parties.
13.6 Force Majeure. Except for payment of amounts due, neither Party shall have any
liability for its delays or its failure of performance due to: fire, explosion, pest damage, power
failures, strikes or labor disputes, acts of God, the elements, war, civil disturbances, acts of civil
or military authorities or the public enemy, inability to secure raw materials, transportation
facilities, fuel or energy shortages, or other causes reasonably beyond its control, whether or not
similar to the foregoing.
13.7 Attorneys' Fees. Should any dispute ansmg out of this Agreement lead to
litigation, the prevailing party shall be entitled to recover its costs of suit, including (without
limitation) reasonable attorneys' fees.
13.8 "AS IS" condition of Municipal Facilities. Municipal Facilities licensed to
Licensee pursuant to this Agreement are licensed to and accepted by Licensee "as is" and with all
faults. The Licensor makes no representation or warranty of any kind as to the present or future
condition of or suitability of the Municipal Facilities for Licensee's use and disclaims any and all
warranties express or implied with respect to the physical, structural, or environmental condition
of the Municipal Facilities and their merchantability or fitness for a particular purpose. Licensee
is solely responsible for investigation and determination of the condition and suitability of any
Municipal Facility for Licensee's intended use.
13.9 Representations and Warranties. Each of the parties to this Agreement
represents and warrants that it has the full right, power, legal capacity, and authority to enter into
and perform the party's respective obligations hereunder and that such obligations shall be binding
upon such party without the requirement of the approval or consent of any other person or entity
in connection herewith, except as provided in Section 4.2 above. This Agreement shall not be
revocable or terminable except as expressly permitted herein.
13.10 Amendment of Agreement. This Agreement may not be amended except pursuant
to a written instrument signed by both parties.
13.11 Entire Agreement. This Agreement contains the entire understanding between the
parties with respect to the subject matter herein. There are no representations, agreements, or
understandings (whether oral or written) between or among the parties relating to the subject
matter of this Agreement which are not fully expressed herein. In witness whereof, and in order
to bind themselves legally to the terms and conditions of this Agreement, the duly authorized
representatives of the parties have executed this Agreement as of the Effective Date.
13.12 Non-Exclusive Remedies. No provision in this Agreement made for the purpose
of securing enforcement of the terms and conditions of this Agreement shall be deemed an
exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and
conditions, but the remedies herein provided are deemed to be cumulative.
13.13 No Third-Party Beneficiaries. It is not intended by any of the provisions of this
Agreement to create for the public, or any member thereof, a third-party beneficiary right or
remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant
-18 -
Attachment 2, Page 18 of 26
to the provisions of this Agreement. The duties, obligations, and responsibilities of the Licensor
with respect to third parties shall remain as imposed by state law.
13.14 Construction of Agreement. The terms and provisions of this Agreement shall
not be construed strictly in favor of or against either party, regardless of which party drafted any
of its provisions. This Agreement shall be construed in accordance with the fair meaning of its
terms.
13.15 Effect of Acceptance. Licensee (a) accepts and agrees to comply with this
Agreement and all Laws; (b) agrees that this Agreement was entered into pursuant to processes
and procedures consistent with Law; and ( c) agrees that it will not raise any claim to the contrary
or allege in any claim or proceeding against the Licensor that at the time of acceptance of this
Agreement any provision, condition or term of this Agreement was unreasonable or arbitrary, or
that at the time of the acceptance of this Agreement any such provision, condition or term was
void or unlawful or that the Licensor had no power or authority to make or enforce any such
provision, condition, or term.
13.16 Time is of the Essence. Time is of the essence with regard to the performance of
all of Licensee's obligations under this Agreement.
13.17 Taxes. Licensee shall be responsible for payment of all fees and taxes charged in
connection with the right, title, and interest in and construction, installation, maintenance, and
operation of Equipment for the purposes set forth herein.
13.18 Tax Notice. Licensor hereby provides notice pursuant to California Revenue and
Taxation Code Section 107.6, and Licensee acknowledges, that this Agreement may create a
possessory interest and Licensee may be subject to property taxes levied on such interest, as
described in California Revenue and Taxation Code Section 107 .6. Licensee shall pay directly to
the appropriate authority, when due, all real and personal property taxes, fees, and assessments,
assessed against the area licensed and the Equipment.
13.19 Counterparts. This Agreement (and any Supplement) may be executed in multiple
counterparts, including by electronic means, each of which shall be deemed an original, and all
such counterparts once assembled together shall constituted one integrated instrument.
[signature page to follow J
-19 -
Attachment 2, Page 19 of 26
SIGNATURE PAGE TO MUNICIPAL FACILITY LICENSE AGREEMENT
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be legally
executed as of the Effective Date.
ATTEST:
Clerk _____ _,
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
BY:
--------~ City Attorney
Exhibits:
Exhibit A -Supplement
Exhibit B -Application
Licensor:
CITY OF SAN JUAN CAPISTRANO
By: _______________ ~
Name: ---------------
Title:
--------------~
Licensee:
By: --------
Its:
Name:
Title:
--------------~
-20 -
Attachment 2, Page 20 of 26
EXHIBIT A
FORM OF SUPPLEMENT
SUPPLEMENT
This Supplement ("Supplement"), is approved by Licensor this __ day of ____ ~
20 __ (the date executed by all parties, referred herein as "Supplement Effective Date").
1. Supplement. Licensee has submitted an application for approval to use a Municipal
Facility pursuant to that certain Municipal Facility License Agreement between Licensor,
----~and Licensee, , dated 20_ ("Agreement"). Licensor
has reviewed the Application to Use Municipal Facility and grants approval subject to the terms
of this Supplement. All of the terms and conditions of the Agreement are incorporated hereby by
reference and made a part hereof without the necessity of repeating or attaching the Agreement. In
the event of a contradiction, modification, or inconsistency between the terms of the Agreement
and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this
Supplement shall have the same meaning described for them in the Agreement unless otherwise
indicated herein. IF THE SUPPLEMENT IS NOT COUNTER-SIGNED BY LICENSEE AND
RETURNED TO LICENSOR WITHIN 30 DAYS AFTER LICENSOR HAS GRANTED
APPROVAL, THE SUPPLEMENT SHALL BE VOID AND OF NO LEGAL EFFECT. IF
LICENSEE STILL WANTS TO USE THE MUNICIPAL FACILITY, LICENSEE WILL BE
REQUIRED TO SUBMIT A NEW APPLICATION AND ASSOC IA TED FEES.
2. ice nsed Area Description and Location. Licensee shall have the right to use the space on
the specific Municipal Facility (the "Licensed Area") depicted in Attachment l attached hereto to
install Equipment as further listed in Attachment 2 attached hereto.
3. guipment. The Equipment to be installed at the Licensed Area is described in Attachment
2 and depicted in Attachment 1.
4. Term. The term of this Supplement shall commence on the Supplement Effective Date and
continue for the Term of the Agreement.
5. License Fee. The initial License Fee for this Supplement shall be as follows per year:
_____________ . License Fee is subject to annual increase and is payable in
accordance with Section 5 of the Agreement.
[signature page follows]
A-1
Attachment 2, Page 21 of 26
IN WITNESS THEREOF, the parties hereto have caused this Supplement to be legally
executed in duplicate, effective upon execution by both parties.
Licensor:
CITY OF SAN JUAN CAPISTRANO
Licensee :
By: ____ _
Its:
Accepted :
By:~~~~~~~~~~~~~~~~~
Name:
~~~~~~~~~~~~~~~~
Title:
~~~~~~~~~~~~~~~~
Date:
Attachments:
Attachment 1 -Licensed Area
Attachment 2 -Equipment List and Description
A-2
Attachment 2, Page 22 of 26
Attachment 1
Licensed Area
[site plan showing licensed area of applicable Municipal Facility and showing proposed
Equipment installation]
A-3
Attachment 2, Page 23 of 26
Attachment 2
Equipment List and Description
A-4
Attachment 2, Page 24 of 26
EXHIBITB
APPLICATION TO USE MUNICIPAL FACILITY
Applicant: ____________ Date:--------------
Licensee: _____________ ---'Application/License#: _______ _
Type of Alteration Small Cell Equipment Small Cell Small Cell Location of Any Heights (provide both (1) and Base And Base Municipal Required the overall height of pole Equipment Equipment Additional Equipment
Facility structure with added Weights Dimensions
facilities; and (2) the height
of individual facilities)
[street light] [Pole [Installed on Pole, specify
[traffic light] Reiriforceme attachment height, weight
[other, specify] nt] and dimensions]
[Pole [Installed on/in Ground
Replace men (Vault), specific
t] dimensions]
[None] [Other Location]
[Not Applicable/Needed]
APPLICANT SHALL PROVIDE THE FOLLOWING AS APPLICABLE:
• Site plan and engineering design and specifications for installation of Equipment, including
the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit,
point of demarcation, backhaul solution, electrical distribution panel, electric meter, and
electrical conduit and cabling. Where applicable, the design documents should include
specifications on design, pole modification, and ADA compliance. Also indicate whether
unmetered electricity is available at the site.
• Include a load bearing study that determines whether the pole requires reinforcement or
replacement in order to accommodate attachment of proposed Equipment.
• If the proposed installation will require reinforcement or replacement of an existing pole,
provide applicable design and specification drawings.
• The number, size, type, and proximity to the facilities of all communications conduit(s)
and cables to be installed.
• Description of the utility services required to support the facilities to be installed.
• List of the contractors and subcontractors, and their contact information, authorized to work on
the project.
• A fee deposit in an amount determined by City staff, pursuant to Section 5.1 of the Agreement.
APPLICANT REPRESENTATIVE:
-------------~
B-1
Attachment 2, Page 25 of 26
PRINT NAME:
----------------~
TITLE: --------------------
TELEPHONE: EMAIL: --------------------
B-2
Attachment 2, Page 26 of 26