HomeMy WebLinkAboutItem 1.E - Attachment APalm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
CITY OF PALM SPRINGS
COMMUNICATIONS FACILITY LICENSE AGREEMENT (A9434)
(New Cingular Wireless (AT&T)– Baristo Downtown Parking Lot)
THIS LICENSE AGREEMENT (“License”) is made and entered into this ______ day of
_________________, 2023, (“Effective Date”) by and between the City of Palm Springs, a
municipal corporation with its principal offices located at 3200 East Tahquitz Canyon Way,
Palm Springs, CA 92262 (“City”), and New Cingular Wireless PCS, LLC, a Delaware limited
liability company with its principal offices located at 1025 Lenox Park Blvd NE, 3rd Floor,
Atlanta, GA 30319 (“Licensee”). City and Licensee are sometimes referred to in this
License Agreement individually as a “party” or jointly as “parties.” The term “License” used
in herein means this License Agreement and any amendments to this License Agreement as may
be executed between the parties in accordance with the terms herein.
In consideration of the mutual covenants contained herein and intending to be legally
bound hereby, the parties hereto agree as follows:
LICENSE
Section 1. Non-exclusive License. Subject to the terms and conditions hereinafter
set forth, City grants Licensee a non-exclusive license to install, operate and maintain
its Communications Facility, as particularly described in Exhibit B hereto, on a portion or
portions of that certain real property owned by the City located at 249 South Indian Canyon
Drive, in the City of Palm Springs, California and as legally described in Exhibit A attached
hereto (“Property”) as designated and approved by City. The site plan attached as Exhibit B
depicts the specific dimensions, appearance, equipment and approved location of the
Communications Facility on the Property to be used by Licensee under this License (“Licensed
Area”). The Licensed Area includes (ii approximately two hundred eighty-one (281) square feet
of designated surface ground space ; and (ii) utility routes all as depicted in Exhibit B.
Notwithstanding City’s approval of Licensee’s use of the Licensed Area or the Property, nothing
in this License may be deemed to grant, convey, create, or vest in Licensee a real property
interest in land, including any fee, leasehold interest, or easement. The term “Communications
Facility” as used in this License shall include all antennas, facilities, structures, foundations,
pads, cables, conduits and equipment and utilities that Licensee erects, installs and/or uses on or
under the Property, as authorized and listed in Exhibit B, as may be modified from time to time
in accordance with this License.
All Parties acknowledge that City, in executing this License, is acting only in its
proprietary capacity as the owner of the Property and Licensed Area, and not in any
regulatory fashion. Licensee shall not consider this License as approval of any applicable
permits, licenses or other governmental approvals required for the construction or operation
needed for the use described herein.
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26th
July
Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Section 2. Access License. Licensee shall have the right of non-exclusive ingress and
egress to the Licensed Area, seven (7) days a week, twenty-four (24) hours a day, via foot or motor
vehicle (but not including vehicles with more than two (2) axles/more than twenty (20) feet in
length) via the access area delineated as such in Exhibit B, in order to install, operate, and maintain
the Communications Facility, subject to the limitations set forth below. Prior to accessing the
Licensed Area, Licensee shall provide both written notice to the City Manager by email to
Scott.Stiles@palmspringsca.gov, and by phone at (760) 322-8362 at least forty-eight (48) hours in
advance, except in the event of a bone fide emergency affecting the health, safety, and welfare of
the Property’s occupants or the operational integrity of the Communications Facility, in which
case Licensee shall provide notice to City as soon as reasonably possible prior to such emergency
access. In the event access to the Licensed Area is restricted and/or locked by City personnel,
Licensee shall be required to obtain any and all necessary access credentials or keys from the City
Manager’s Office, located at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 or from
the City Manager’s designee, on a temporary basis, not to exceed Licensee’s reasonable access
requirements. In such event, Licensee or its designee shall provide proper identification prior to
checking out any access credentials or keys. All access to the Licensed Area by Licensee shall be
subject in each instance to all permits, ordinances, as well as any local, state, and federal laws
(“Laws”) in addition to this License. Further, when City’s access to a site is established through
an access easement over third party property to the Property (“Access Easement”), nothing herein
shall be deemed to be a representation or warranty by City that its interest or other rights to use
the Access Easement is sufficient to permit its use for Licensee’s purposes, and Licensee shall be
deemed to gain only those rights to use as are properly in City and as City may have the undisputed
right and power to give Licensee. Licensee assumes the risk of any challenge, claim, litigation or
damage, asserted in connection with Licensee’s use of the Access Easement for ingress and egress
to the Property and releases City from any and all responsibility, claim, damage, related to or in
connection with Licensee’s use of the Access Easement. If City’s continued use of the Access
Easement is challenged or threatened in any way by Licensee’s use of the Access Easement, upon
notice from City, Licensee shall cease ingress and egress to the Property until such time as the
challenge or threat to City’s continued use of the Access Easement is resolved which may require
Licensee to obtain any necessary approvals, licenses or easements from the third-party property
owner at its sole cost and expense.
Section 3. Permitted Use. Licensee may transmit and receive communication signals
and install, operate and maintain the Communications Facility in the Licensed Area in accordance
with the site plan and dimension sketch of the Communications Facility in Exhibit B hereto.
Licensee may not install any other facilities or equipment of any kind that is not otherwise
described and depicted in Exhibit B or otherwise intensify, expand, or alter its use of the site or
the Communications Facility without City’s prior written consent which may be granted or denied
in City’s sole discretion. Licensee acknowledges that the primary purpose of the Property is to
serve as a valuable asset to the community of Palm Springs and the City itself, and Licensee’s use
of the Property shall be subject to City’s paramount rights (“Paramount Rights”) to use the
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Property for any and all current and future uses necessary for City’s municipal needs. If City
determines that Licensee is interfering with such use, City shall notify Licensee and Licensee shall
cease such interference within twenty-four (24) hours. In case of an emergency, City may take
steps to eliminate such interference without prior notice to Licensee and Licensee shall reimburse
City for any and all costs incurred to eliminate such interference.
Section 3.1 Any required permits or approvals for the Communication Facility shall be
obtained by Licensee at Licensee’s sole expense. Furthermore, it is understood and agreed that
Licensee’s ability to install the Communication Facility is contingent upon its obtaining, prior to
construction of Communication Facility, all of the certificates, permits, authorizations, and other
approvals that may be required by any federal, state, or local authorities, including but not limited
to any permits, authorizations, and approvals required by the South Coast Air Quality Management
District (collectively, the “Governmental Approvals”; individually, a “Governmental Approval”).
City shall bear no responsibility or liability under this License for Licensee’s inability to make use
of the Licensed Area for the Communication Facility due to a failure to obtain any required permit,
authorization, or approval. If Licensee fails to receive such permits, authorizations, or approvals
within one (1) year of the Effective Date of this License, this License shall automatically terminate.
Section 3.2 Within thirty (30) days of the Effective Date of this License, Licensee shall
pay to City a one-time payment in the amount of Three Thousand and No/100 Dollars ($3,000.00)
(“Signing Bonus”) as partial reimbursement of Lessor’s costs incurred for processing and
documenting this License. This Signing Bonus is non-reimbursable.
Section 4. License Term; Renewal Term. The initial term of this License shall be
five (5) years (“Initial Term”), commencing on the Effective Date. The Initial Term of this License
shall expire at Midnight on the day before the fifth (5th) anniversary of the Effective Date. Unless
either party gives written notice of its intention not to extend the License to the other party at least
six (6) months prior to the end of the Initial Term or Renewal Term, as applicable and then in
effect, and provided Licensee is not in default under this License, this License shall automatically
be extended upon the expiration of the Initial Term, or Renewal Term, as applicable, for three (3)
additional terms of five (5) years each (“Renewal Term”), subject to all terms and conditions of
this License. The Initial Term and Renewal Term shall be collectively known as the “Term”.
Section 5. License Fee; Increases; Late Payments. Commencing on the first day of
the month immediately following the Effective Date, Licensee shall pay City on or before the fifth
(5th) day of each calendar month in advance, Three Thousand Five Hundred and No/100 Dollars
($3,500.00) (“License Fee”), at the address set forth above. In any partial month occurring after
the Effective Date, the License Fee will be prorated. Each year on the anniversary of the Effective
Date, the License Fee shall increase annually and shall be calculated using the formula that follows:
new License Fee = (current License Fee) x (CPI percentage
increase) + (current Licensee Fee)
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
provided that, notwithstanding anything herein to the contrary, in no event will the increase in the
License Fee be less than four percent (4%) or greater than eight percent (8%) of the License Fee
in effect immediately prior to such increase. "CPI" means the Consumer Price Index (CPI) - Urban
Wage Earners and Clerical Workers for Riverside-San Bernardino-Ontario, CA (“CPI Index”)
published for the month that is three (3) months preceding the adjustment date compared to the
CPI Index published twelve (12) months before the month that is three (3) months preceding the
adjustment date. The License Fee shall be payable without offset or deduction by check sent to
City's address specified below or to any other person or firm as City may, from time to time,
designate in writing at least sixty (60) days in advance of any License Fee due date. If, at any
time, Licensee fails to make timely payment, interest shall accrue on the past due amount at the
rate of ten percent (10%) per month or the maximum allowable by law, whichever is less, until the
License Fee any all accumulated interest is paid in full. This right to collect interest is in addition
to all rights of City to terminate this License for non-payment pursuant to Section 8 of this License.
Section 6. Holdover. If the Communications Facility or any part thereof is still on the
Property, or Licensee is still conducting any activities or operations on the Property, or is otherwise
using the Property without a written agreement with City after expiration of the License Term, or,
if applicable, the Renewal Term, such possession or use shall be deemed a holdover use under the
same terms and conditions of this License, except that the License Fee shall be one hundred fifty
percent (150%) of the License Fee in effect at the expiration of the License Term or, if applicable,
the Renewal Term, and shall be payable in advance in equal monthly installments. Nothing
contained herein shall grant Licensee the right to holdover after the expiration of the License Term
or, if applicable, the Renewal Term and notwithstanding the payment of license fees during the
holdover period, City shall have the right to require Licensee to vacate the Property at any time
upon thirty (30) days written notice.
Section 7. Temporary Relocation. Licensee understands and agrees that from time
to time during the License Term and/or the Renewal Term, City may require Licensee to remove
and/or relocate all or portions of the Communications Facility from the Licensed Area temporarily
at Licensee’s expense in order for City to exercise its Paramount Rights at the Property. City shall
endeavor to give Licensee at least sixty (60) days prior written notice of the necessity to relocate
the Communications Facility for the temporary period, and will use good faith efforts to provide
temporary space at the Property, or another mutually acceptable City location for such temporary
relocation; provided Licensee is not in default under this License. Licensee shall be solely
responsible at its cost for obtaining any necessary permits and otherwise complying with all laws,
permits, and other rules and regulations of any public entity applicable in connection with the
temporary relocation of its Communications Facility. Licensee acknowledges that in case of
emergency (as determined by City in its sole discretion), the notice period for temporary relocation
may be shortened. Notwithstanding any relocation or any shortened notice period, the License
shall continue without abatement of the License Fee unless City is unable to provide space for
temporary relocation and as a result Licensee is required to cease to operate its Communications
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Facility for a period of more than fourteen (14) days in which event Licensee shall be entitled to
an abatement of the License Fee equivalent to the number of full days in excess of fourteen (14)
days during which Licensee was unable to operate its Communications Facility multiplied by
1/365 of the License Fee applicable during such period. City will calculate and refund such
abatement amount without interest within sixty (60) days after the end of the temporary relocation
period.
At the end of the temporary relocation period, Licensee shall at its cost return the relocated
Communications Facility to the Licensed Area, unless the parties mutually agree that the
Communications Facility may remain at the temporary location in which case the parties shall
memorialize such agreement by an amendment to this License. Licensee shall have a right to
terminate this License upon thirty (30) days prior written notice to City if any temporary relocation
exceeds ninety (90) days, or if City requires Licensee to relocate the Communications Facility
more than one (1) time during the License Term, or more than one (1) time during the Renewal
Term. If the License is terminated for such reason, City shall refund unused months of the License
Fee on a proportionate basis, but Licensee shall not be entitled to reimbursement or payment by
City of any further expenses or costs it may incur by reason of its election to terminate this License
hereunder.
Section 8. City’s Termination. In addition to other rights of termination and
revocation City has under this License, City may terminate and revoke this License prior to
expiration of the License Term or Renewal Term, if applicable, in any of the following
circumstances: By giving Licensee twelve (12) months prior written notice, if City determines in
its sole discretion that the Licensed Area is necessary for the exercise of its Paramount Rights at
the Property or City decides to sell or otherwise dispose of its fee ownership of the Property. Upon
notice of termination and revocation under this Section, City shall make a good faith effort to
permit Licensee to relocate the Communications Facility to another of City’s sites prior to
termination of the License, provided Licensee assumes all costs of any such relocation.
Section 8.2 By giving Licensee sixty (60) days prior written notice, if Licensee fails to
maintain and repair the Communications Facility according to the requirements of the License and
fails to cure such non-compliance in response to any City request for such repairs within thirty
(30) days or within such shorter time specified by City in such written request. Further, if City in
its sole discretion determines that the Communications Facility is in a state of disrepair which
imminently endangers the health and safety of City employees and other users of the Property,
City may terminate the License and take steps to address the situation immediately without prior
notice to Licensee, provided that City shall thereafter notify Licensee of the situation, and Licensee
shall reimburse City for its actual costs incurred to take such action.
Section 8.3 If Licensee fails to pay the License Fee when due, City may, after giving
ten (10) days prior written notice to Licensee, terminate and revoke this License and seek other
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
remedies, as appropriate, under the laws of the State of California, unless Licensee cures such
default by payment of the License Fee and accrued interest charges within such notice period.
Section 8.4 If Licensee fails to perform or observe any of terms or conditions of this
License, City may, after giving thirty (30) days prior written notice to Licensee terminate and
revoke this License and seek other remedies, as appropriate, under the laws of the State, unless
Licensee cures such default within such notice period.
Section 9. Licensee’s Limited Termination Right. It is understood and agreed that
Licensee’s ability to use the Property is contingent upon Licensee continually maintaining in full
force and effect, after the Effective Date, all the certificates, permits, and other approvals that are
required by any federal, state, or local authorities. In the event that any certificate, permit, license,
or approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated
by any governmental authority so that Licensee is unable to use the Property for its intended
purposes, Licensee may terminate this License upon ninety (90) days written notice to City, except
that those terms that by their nature survive termination such as Licensee’s obligations to remove
the Communications Facility and restore the Property , and the indemnity obligation shall survive
in accordance with the terms of this License.
Section 10.Licensee’s Installation, Ownership, Operation and Maintenance; FCC
Regulations, Emissions Testing; Compliance with Law.
Section 10.1 Licensee shall install, construct and maintain the Communications Facility
in accordance with this License.
Section 10.2 It is expressly understood and agreed that any and all fixtures and equipment
of whatsoever nature at any time constructed or placed on the Property by Licensee shall be and
remain the personal property of Licensee. Licensee shall have the right at any time during the
License Term, and the Renewal Term, if applicable, to remove any and all fixtures and equipment
owned or placed by Licensee in, under, or upon the Licensed Area.
Section 10.3 Licensee, at Licensee’s sole cost and expense shall keep and maintain, or
cause to be kept and maintained, the Communications Facility in a state of good appearance and
repair, reasonable wear and tear excepted. Upon City’s written request, Licensee shall complete
all such work at its sole expense within thirty (30) days of receipt of such notice. If the Licensee
fails to comply with this Section, the City may complete or cause to be completed the work, and
Licensee shall reimburse the City for such invoiced costs within thirty (30) days of receipt.
Section 10.4 Licensee shall, at its sole cost and expense, protect, replace and provide any
landscaping required in its permits to shield the Communications Facility on the Property and shall
promptly replace any City landscaping damaged by Licensee’s activities. Upon City’s written
request, Licensee shall complete all such work at its sole expense within thirty (30) days of receipt
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
of such notice. If the Licensee fails to comply with this Section, the City may complete or cause
to be completed the work, and Licensee shall reimburse the City for such invoiced costs within
thirty (30) days of receipt.
Section 10.5 Licensee shall, at its sole cost and expense, repair any damage it may cause
to the Licensed Area, access areas, means of ingress or egress, or any Access Easement. Upon
City’s written request, Licensee shall repair any such damage at its sole expense within thirty (30)
days of receipt of such notice. If the Licensee fails to comply with this Section, the City may
complete or cause to be completed the work, and Licensee shall reimburse the City for such
invoiced costs within thirty (30) days of receipt.
Section 10.6 Licensee shall have a separate meter installed for Licensee's electrical
power consumption, whereupon Licensee shall be solely responsible for payment of all of its
electrical utilities costs. No other connection is authorized by this License, and no other fuels of
any type shall be used or stored by Licensee within the Licensed Area without the advance written
consent of City.
Section 10.7 In addition to compliance with specific laws otherwise described in this
License, Licensee shall comply, and will ensure that its contractors and representatives will
comply, with all regulations and requirements of the FCC and the California Public Utilities
Commission, and all other federal, state and local laws, ordinances, rules and regulations,
including health and safety requirements, pertaining to the construction, installation, operation and
maintenance of the Communications Facility and work on the Property during the License Term
and Renewal Term, and in conjunction with any activities undertaken on the Property by Licensee
either prior to the Effective Date, or after expiration of this License. Requirements of the federal
Occupational Safety and Health Administration (OSHA) and the California Division of
Occupational Safety and Health (CAL-OSHA), whichever is stricter, shall be adhered to at all
times during any activities on the Property by Licensee and its contractors or other representatives.
Licensee shall have a safety and injury prevention program in place for the construction,
installation, operation and maintenance of the Communications Facility and work on the Property,
if required by laws or regulations. If required by law or regulation, a copy of any such program
shall be on the Property at all times.
Section 11. Removal & Restoration. Prior to the expiration of the License or within
thirty (30) days of the earlier termination of the License, Licensee shall (1) remove all of the
Communications Facility at its sole expense and (2) repair any damage to the Licensed Area caused
by such removal and shall return the Licensed Area to the condition which existed before the
Effective Date, reasonable wear and tear excepted. If the Licensee fails to remove its
Communications Facility and restore the Licensed Area as required by this Section, the City may
complete or cause to be completed the work, and Licensee shall reimburse the City for such
invoiced costs within thirty (30) days of receipt.
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Section 12. Prior Communications Facilities on Property, City Communications Systems;
Non-interference.
Section 12.1 Licensee acknowledges and understands that there may be communications
facilities on Property belonging to one or more third parties (referred to as the “Prior User(s)”) that
has entered into an agreement(s) (the “Prior Use Agreement(s)”) with City, pursuant to which the
Prior User(s) has(ve) been permitted to install and operate communications equipment on the
Property. Where applicable, Licensee represents and warrants that prior to the execution of this
License, Licensee has determined that the Prior Users present no material interference with
Licensee’s intended use within the Licensed Area.
Section 12.2 Licensee shall operate the Communications Facility in a manner that will
not cause harmful interference to (i) the City’s use of the Property, or (ii) any communications
equipment operated and/or owned by the Prior User(s) as of the Effective Date, provided that the
Prior User(s) operates its communications equipment in accordance with the terms of the Prior
Use Agreement(s). If Licensee’s Communications Facility causes such harmful interference,
Licensee will immediately take all steps necessary to correct and eliminate the interference,
including but not limited to, at Licensee’s option, powering down such equipment and later
powering up such equipment for intermittent testing. If such interference cannot be corrected or
powered down within two (2) days after Licensee is advised of such interference, City may require
that Licensee cease (or cause the cessation of) operation of the interfering equipment until such
interference can be so corrected at which time the operation of such equipment may resume.
Section 12.3 Licensee further acknowledges that City assumes no risk or liability for any
interference with Licensee’s use of the Property which results from the operation of
communications equipment on the Property by the Prior User(s) under the Prior Use Agreement(s)
and agrees that City shall be held harmless from claims due to any such interference, pursuant to
the indemnification terms set forth in Section 16 herein.
Section 12.4 City reserves the right to license other portions of the Property to third
parties during the License Term and Renewal Term, if applicable. If, subsequent to the installation
of the Communications Facility, the new third party equipment on the Property causes harmful
interference with the Communications Facility, Licensee shall use its best efforts to resolve the
interference issues in cooperation with the owner and operator of the new equipment without
involving City personnel. If any such subsequent users cannot correct such harmful interference
within ten (10) business days of Licensee’s written notification thereof to City, Licensee may
terminate this License upon sixty (60) days written notice to City and obtain a refund of prepaid
unused amounts of the License Fee, or seek injunctive or other legal relief against/from such
subsequent third party users. The refund shall be Licensee’s sole and exclusive remedy and
recovery as against City for any interference, and Licensee hereby waives any other rights or
remedies it may have at law or in equity against City related thereto. The parties recognize and
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
agree that it is the intention of this Section 10 that City not become embroiled in any disputes or
proceedings between Licensee and any other users of the Property, and/or expend funds as a result
thereof; therefore, Licensee agrees to indemnify, defend, and hold harmless the City against any
claim related to or arising from any disputes or proceedings between Licensee and any other users
of the Property.
Section 12.5 Nothing contained in this Section 12 or elsewhere in this License is intended
to confer any rights or remedies under, or by reason of this License on, or waive any claims against,
or adversely affect any rights of, any person or entity other than the parties hereto.
Section 13. Performance Bond. On or before the Effective Date, Licensee shall obtain
a faithful performance bond, in the amount sufficient to cover one hundred percent (100%) of the
costs and expenses required for the removal of Licensee’s equipment from the Licensed Area and
restoration of the Property following the expiration or earlier termination of the License, from a
bond company duly licensed to do business in California in favor of City (the "Bond"). The Bond
shall secure (1) Licensee's removal of its equipment from the Licensed Area and restoration of the
Property following the expiration or earlier termination of the License, and (2) the recovery of
any unpaid sums duly owed to the City under this License. The Bond shall be maintained in force
by Licensee throughout the License Term and Renewal Term, if applicable. Licensee agrees to
deliver to City a copy of the Bond prior to commencement of construction activities on the
Licensed Area (or if the License is a renewal for a previously constructed facility, prior to full
execution of the License). Prior to the commencement of any Renewal Term, City and Licensee
shall review the amount of the Bond to assess whether the amount of the Bond is reasonably
sufficient to cover then current removal and restoration costs. If it is reasonably determined to be
insufficient, Licensee shall obtain and maintain in force a Bond for such additional amount that
City reasonably determines to be sufficient.
Section 14. Environmental.
Section 14.1 For purposes of this License, the term “Hazardous Substances” means: (a)
any substance, products, waste, or other material of any nature whatsoever which is or becomes
listed, regulated, or addressed pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the
Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the
Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code
Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic
Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous
Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance
Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water
and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health
and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.;
California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response
Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code
Section 13000 et seq., all as amended; or any other federal, state, or local statute, law, ordinance,
resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in
effect; (b) any substance, product, waste or other material of any nature whatsoever which may
give rise to liability under any of the above statutes or under any statutory or common law theory
based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported
decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum
products which are contained within regularly operated motor vehicles; and (d) asbestos.
Section 14.2 Except as otherwise specifically permitted under the terms of this License,
Licensee shall not use, create, generate, store, deposit, dispose of or allow any Hazardous
Substances on, under, about or within the Property or Licensed Area in violation of any federal,
state, or local law, rule, regulation, order, decree or other requirement listed in this Section 14.
Batteries for emergency power and fuel for temporary generators during power outages may only
be used or stored on-site with the prior written approval of City. On site use, but not storage, of
ordinary paints, solvents and similar substances commonly used in small quantities and necessary
for maintenance of Licensee’s Communications Facility are excepted from the preceding
prohibition of use by Licensee of Hazardous Substances on the Licensed Area and the Property,
so long as Licensee complies with all applicable federal, state and local laws rules and regulations
governing the use of such items.
Section 14.3 Unless listed in Exhibit B, no underground or above ground storage tanks
shall be installed on Licensed Area.
Section 14.4 City or its officers, employees, contractors, or agents shall at all times have
the right to go upon and visually inspect the Licensed Area and the operations conducted thereon
to assure compliance with the requirements herein stated. This inspection may also include taking
samples for chemical analysis of substances and materials present and/or testing soils on the
Licensed Area and taking photographs. Except in case of emergency, City will not take samples
or test soils on the Licensed Area without providing Licensee with reasonable notice and the
opportunity to have a representative present.
Section 14.5 Licensee shall, within forty-eight (48) hours of the discovery by Licensee
of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written
notice to City in the event that Licensee knows or has reasonable cause to believe that any release
of Hazardous Substance has come or will come to be located on, under, about or within the
Licensed Area. The failure to disclose in a timely manner the release of a Hazardous Substance
by Licensee, including but not limited to, an amount which is required to be reported to a state or
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
local agency pursuant to law (e.g., California’s Hazardous Materials Storage and Emergency
Response Act, Health and Safety Code Section 25550 et seq.) shall be grounds for termination of
this License by City in addition to actual damages and other remedies provided by law. Licensee
shall immediately clean up and completely remove all Hazardous Substances placed by Licensee
on, under, about or within the Licensed Area or the Property, in a manner that is in all respects
safe and in accordance with all applicable laws, rules and regulations.
Section 14.6 In the event Hazardous Substances are discovered, Licensee shall disclose
to City the specific information regarding Licensee’s discovery of any Hazardous Substances
placed on, under, about or within the Licensed Area or the Property by Licensee, and provide
written documentation of its safe and legal disposal.
Section 14.7 Breach of any of these covenants, terms, and conditions, and Licensee’s
failure to cure within thirty (30) days of Licensee’s receipt of written notice from City, shall give
City the authority to either immediately terminate this License or to shut down Licensee’s
operations thereon, at the sole discretion of City. In either case, Licensee will continue to be liable
under this License to remove and mitigate all Hazardous Substances placed by Licensee on, under,
about or within the Licensed Area or the Property. Licensee shall be responsible for, and bear the
entire cost of removal and disposal of, all Hazardous Substances introduced to the Licensed Area
or the Property by Licensee during Licensee’s period of use and possession of the Licensed Area.
Upon termination of this License, Licensee shall, in accordance with all laws, remove from the
Licensed Area any equipment or improvements placed on the Licensed Area by Licensee that may
be contaminated by Hazardous Substances.
Section 15. Insurance. During the life of this License, Licensee shall procure and
maintain in effect throughout the term of this License, all policies of insurance required hereunder
with an insurance company(ies) either (i) authorized by the California Insurance Commissioner
to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating
Guide. The following policies of insurance are required:
Section 15.1 COMMERCIAL GENERAL LIABILITY insurance which shall be at least
as broad as the most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage”
and “personal and advertising injury” with coverage for premises and operations (including the
use of owned and non-owned equipment), products and completed operations, and contractual
liability (with limits of liability of not less than the following:
$2,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$4,000,000 aggregate for products and completed operations
$4,000,000 general aggregate
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Section 15.2 COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at
least as broad as the most current version of Insurance Service Office (ISO) Business Auto
Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles
or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $2,000,000
per accident for bodily injury and property damage.
Section 15.3 WORKERS' COMPENSATION insurance as required under the California
Labor Code.
Section 15.4 EMPLOYERS’ LIABILITY insurance with limits of liability of not less
than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each
employee.
Section 15.5 PROPERTY insurance against all risks of loss to the Communication
Facility, at full replacement costs with no coinsurance penalty provision.
Section 15.6 In the event Licensee purchases an Umbrella or Excess insurance
policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall
“follow form” and afford no less coverage than the primary insurance policy(ies).
Section 15.7 Licensee shall be responsible for payment of any deductibles contained in
any insurance policies required hereunder and Licensee shall also be responsible for payment of
any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and
approved by, the City Administrative Officer or his/her designee in his/her sole discretion. At the
option of the City Administrative Officer or his/her designee, either (i) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects City, its officers, officials,
employees, agents and volunteers; or (ii) Licensee shall provide a financial guarantee, satisfactory
to the City Administrative Officer or his/her designee in his/her sole discretion, guaranteeing
payment of losses and related investigations, claim administration and defense expenses. At no
time shall City be responsible for the payment of any deductibles or self-insured retentions. All
policies of insurance required hereunder shall be endorsed to provide that the coverage shall not
be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar day
written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice
of cancellation, non-renewal, or reduction in coverage or in limits, Licensee shall furnish City with
a new certificate and applicable endorsements for such policy(ies). In the event any policy is due
to expire during the term of this License, Licensee shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than ten (10) calendar days prior to the
expiration date of the expiring policy.
Section 15.8 The General Liability and Automobile Liability insurance policies shall be
written on an occurrence form. The General Liability (including ongoing operations and
completed operations) and Automobile Liability insurance policies shall include City, its officers,
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
officials, employees, agents and volunteers as an additional insured by endorsement as respects to
this Agreement on CG 20 10 (ongoing operations) and CG 20 37 (completed operations) or their
equivalent. The General Liability and Automobile Liability insurance policies of insurance shall
be endorsed so Licensee’s insurance shall be primary and no contribution shall be required of City,
its officers, officials, employees, agents or volunteers. Any Workers’ Compensation insurance
policy shall contain a waiver of subrogation as to City, its officers, officials, employees, agents
and volunteers. The Property self-insurance shall include City as a joint loss payee and must be
declared to, and approved by City. Licensee must provide City with the Property self-insurance
information prior to the execution of this License. The coverage(s) shall contain no special
limitations on the scope of protection afforded to City, its officers, officials, employees, agents
and volunteers. In the event of denial of a claim, Licensee’s insurance with broader coverage
and/or limits of liability greater than those shown above, City shall be entitled to the broader
coverage and/or the higher limits of liability maintained by Licensee. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available
to City.
Section 15.9 To the extent permitted by law, Licensee and its insurers shall waive all
rights of contribution, recovery and subrogation against City, its officers, officials, employees and
agents on account of any injury, death or property damage to any person, including any injury or
death to the Licensee, its principles, officers, employees, agents, contractors, subcontractors,
consultants, sub-consultants, invitees, or Licensee’s property or the property of others under
Licensee’s care, custody and control. Licensee shall give notice to its insurers that this waiver of
subrogation is contained in this License. Licensee self-insures its property coverage and in
satisfaction of the waiver of subrogation requirement, Licensee will include the City as joint loss
payee to the extent of the City's insurable interest which would have been covered had Licensee
purchased property insurance. This requirement shall survive expiration or termination of this
License.
Section 15.10 Licensee shall furnish City with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by City prior to City’s execution of this License. In the event
that City has tendered a claim to Licensee, or its insurer, or its insurer has denied coverage to
City, Licensee (in a local Palm Springs office) will make available to City within fifteen (15) days
of City’s written request to Licensee, a copy of actual, authentic and applicable insurance policies
for review (but not for copying, faxing or otherwise reproducing any part of any policy or other
insurance correspondence), subject to City first executing Licensee's standard non-disclosure
agreement. The policy review is limited to no more than three days during a consecutive six-
month period and must be conducted during Licensee’s normal business hours while City’s
representative is accompanied by a Licensee Risk Management professional. Upon completion of
review no copies will be made and all policies will be returned to Licensee’s Corporate Risk
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Management Department. This requirement shall survive expiration or termination of this
License.
Section 15.11 If at any time during the life of this License or any extension, Licensee or
any of its contractors, subcontractors, consultants or sub-consultants fail to maintain any required
insurance in effect, all work under this License shall be discontinued immediately, until notice is
received by City that the required insurance has been restored and that the premiums therefore
have been paid. Any failure to maintain the required insurance shall be sufficient cause for City
to terminate this License. No action taken by City hereunder shall in any way relieve Licensee of
its responsibilities under this License.
Section 15.12 The fact that insurance is obtained by Licensee shall not be deemed to
release or diminish the liability of Licensee, including, without limitation, liability under the
indemnity provisions of this License. The duty to indemnify City shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The required limits do not
act as a limitation upon the amount of indemnification to be provided by Licensee. Purchase of
any insurance contracts or policies shall in no way relieve from liability nor limit the liability of
Licensee, its principals, officers, agents, employees, persons under the supervision of Licensee,
vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed
directly or indirectly by any of them.
Section 15.13 If it is necessary for Licensee to contract for the design, construction and/or
maintenance of the Communication Facility, Licensee shall require each consultant and contractor
to provide insurance protection in favor of City, its officers, officials, employees, agents and
volunteers in accordance with the terms of each of the preceding paragraphs, except that the
consultant’s and contractor’s certificates and endorsements shall be on file with Licensee and City
prior to the commencement of any work by the consultant and/or contractor.
Section 16. Indemnification. To the furthest extent allowed by law, Licensee shall
indemnify, hold harmless and defend City and its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether
in contract, tort or strict liability, including but not limited to personal injury, death at any time
and property damage, including damage by fire or other casualty) incurred by City, Licensee, or
any other person, and from any and all claims, demands and actions in law or equity (including
attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out
of Licensee’s: (i) occupancy, maintenance and/or use of the Licensed Area and/or
Communications Facility; or (ii) performance of, or failure to perform, this License. Licensee’s
obligations under the preceding sentence shall apply to any negligence of City, but shall not apply
to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross
negligence, or by the willful misconduct, of City or its officers, officials, employees, agents or
volunteers.
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Section 16.1 Licensee’s occupancy, maintenance and use of the Licensed Area and
Communications Facility shall be at Licensee’s sole risk and expense. Licensee accepts all risk
relating to Licensee’s: (i) occupancy, maintenance and/or use of the Licensed Area and/or
Communications Facility; and (ii) the performance of, or failure to perform, this License. City
shall not be liable to Licensee or Licensee’s insurer(s) for, and Licensee and its insurer(s) hereby
waives and releases City from, any and all loss, liability, fines, penalties, forfeitures, costs or
damages resulting from or attributable to an occurrence on or about the Licensed Area in any way
related to the Licensee’s operations and activities. Licensee shall immediately notify City of any
occurrence on the Premises resulting in injury or death to any person or damage to property of any
person.
Section 16.2 If it is necessary for Licensee to contract for the design, construction and/or
maintenance of the Communication Facility, Licensee shall require each consultant and contractor
to indemnify, hold harmless, defend and release City and its officers, officials, employees, agents
and volunteers in accordance with the terms of the preceding paragraphs. The section shall survive
termination or expiration of this License.
Section 17. Jurisdiction and Venue. This License shall be construed in accordance
with and governed by the laws of the State of California. Any legal action or proceeding brought
to interpret or enforce this License, or which in any way arises out of the Parties’ activities
undertaken pursuant to this License, shall be filed and prosecuted in the appropriate California
State Court in the County of Riverside, California. Each Party waives the benefit of any provision
of state or federal law providing for a change of venue to any other court or jurisdiction including,
without limitation, a change of venue based on the fact that a governmental entity is a party to the
action or proceeding, or that a federal right or question is involved or alleged to be involved in the
action or proceeding. Without limiting the generality of the foregoing waiver, Permittee expressly
waives any right to have venue transferred pursuant to California Code of Civil Procedure Section
394.
Section 18. Entire Agreement; Amendment. This License constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions and agreements made prior to the date hereof. In the event there is
an existing lease or license between Licensee (or its predecessor-in-interest) and City covering the
Licensed Area, it is agreed and understood that this License shall cancel, supersede and terminate
said prior lease or license as of the Effective Date of this License. This License may not be
modified except in a writing executed by both parties.
Section 19. Paragraph Heading and Construction. The section headings contained
in this License shall not be considered to be a part hereof for purposes of interpreting or applying
this License, but are for convenience only.
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Section 20. Binding on Successors; No Third-Party Beneficiaries. This License, and
all of the provisions hereof, shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, successors, and assigns. No customer, other person or entity other than the
parties shall be deemed to be a third-party beneficiary hereof, and nothing in this License, either
express or implied, is intended to confer upon any customer or other person or entity, other than
the parties and their respective successors and assigns, any rights, remedies, obligations or
liabilities under or by reason of this License.
Section 21. Independent Contractors. Licensee’s contractors, agents and
representatives are independent contractors of Licensee, and are not employees or independent
contractors of City while on the Property, or while engaged in any work on the Property, including
the construction, installation, maintenance or operation of the Communications Facility.
Section 22. Limited Assignment/ Sub-licensing.
Section 22.1 This License, or the license interest of Licensee in the Property, shall not be
assigned by Licensee except with the prior written consent of City which consent may be withheld
in the City’s sole discretion.
Section 22.2 Licensee may, without City’s consent but upon at least sixty (60) days prior
written notice to City, from time to time assign this License in its entirety (i) to any entity which
has, directly or indirectly, a fifty-one percent (51%) or greater interest in Licensee (a “Parent”), or
to any entity in which Licensee or a Parent has a fifty-one percent (51%) or greater interest. Any
such assignment shall not be effective unless and until the assignee executes and delivers to City
a written assumption of all Licensee’s obligations under this License.
Section 22.3 Licensee may sublicense the Licensed Area to any qualified third party
communications provider consistent with this License and subject to the advance written consent
of City, which consent may be withheld in the City’s reasonable discretion. Prior to doing so,
Licensee shall notify City. Upon execution of such sublicense, Licensee shall pay City as
additional rent fifty percent (50%) of all revenue received from such sublicensee (“Collocation
Fee”). The Collocation Fee shall be paid in the same manner and subject to the same requirements
and conditions as the License Fee. However, in no event shall the Collocation Fee be less than
Fourteen Thousand Five Hundred Dollars ($14,500) per annum. This minimum amount shall be
adjusted through the term of this License in the same manner as the License Fee. Moreover, in the
event that such sublicensee requires additional ground space outside of the Premises, it shall enter
into a separate license with City to do so or this License may be amended to provide for such
additional space. City may grant or deny such requests in its sole discretion, including
conditioning execution of such new or amended agreements on the payment of additional rent.
Section 22.4 Any attempted or unauthorized assignment or sub-license shall be void and
shall be cause for immediate termination of this License by City. The acceptance of License Fees
Page 16 of 24
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
by City from any person other than Licensee or an authorized assignee shall not be deemed to be
a waiver by City of any provision hereof. Consent to one assignment shall not be deemed consent
to any subsequent assignment.
Section 22.5 Requests for consent to assignments shall be submitted to City to the
address set forth in Section 24 (“Notice”).
Section 23. Attorneys’ Fees. Should either party institute arbitration or legal or other
proceedings against the other for or on account of its failure or refusal to perform or fulfill any of
the covenants or conditions of this License on its part to be performed or fulfilled, then the
prevailing party in such action or proceeding shall receive from the other party attorney’s fees and
costs as adjudged reasonable by the arbitrator, or court.
Section 24. Notice. All notices, requests, and demands hereunder will be given in
writing by first class, certified or registered mail, return receipt requested, or by a nationally
recognized overnight courier, postage prepaid, to be effective when properly sent and received,
refused or returned undelivered. Notices, requests and demands will be addressed to the parties as
follows:
If to Licensee:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: CSL05482; Cell Site Name: Palm Springs (CA)
Fixed Asset #: 14059611
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, Georgia 30319
Copy to:
New Cingular Wireless PCS, LLC
Attn.: Legal Dept – Network Operations
Re: Cell Site #: CSL05482; Cell Site Name: Palm Springs (CA)
Fixed Asset #: 14059611
208 S. Akard Street
Dallas, TX 75202-4206
If to City:
City of Palm Springs
Attn: City Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Page 17 of 24
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Copy to:
City of Palm Springs
Attn: City Attorney
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Either party may change the address or persons to which notices are to be sent to it by giving thirty
(30) days’ prior written notice of such change to the other party in the manner provided herein.
Section 25. Counterparts. This License may be executed in counterparts, each of
which shall be deemed to be an original.
Section 26. Representations and Warranties. Each party represents and warrants that
this License constitutes a legal, valid and binding obligation of such party, and is enforceable
against such party in accordance with the terms set forth in the License. Licensee acknowledges
and agrees that Licensee is not entitled to relocation assistance, or any other benefits under the
Uniform Relocation Assistance Act, or any other applicable provision of law upon termination of
this License.
Section 27. NO WARRANTY.
LICENSEE’S RIGHT TO USE THE LICENSED AREA AND THE PROPERTY IS STRICTLY
ON AN “AS IS” BASIS WITH ALL FAULTS. CITY MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND AS TO THE PRESENT OR FUTURE CONDITION OF OR
SUITABILITY OF THE PROPERTY OR THE LICENSED AREA FOR LICENSEE’S USE
AND DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT
TO THE PHYSICAL, STRUCTURAL, OR ENVIRONMENTAL CONDITION OF THE
PROPERTY, AND LICENSED AREA AND THE MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. LICENSEE IS SOLELY RESPONSIBLE FOR INVESTIGATION
AND DETERMINATION OF THE CONDITION AND SUITABILITY OF THE PROPERTY,
AND LICENSED AREA FOR LICENSEE’S INTENDED USE.
Section 28. Taxes. City hereby provides notice pursuant to California Revenue and
Taxation Code Section 107.6, and Licensee acknowledges that this License 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. Licensee shall pay, when due,
all real and personal property taxes, fees and assessments, assessed against the Licensed Area and
the Communications Facility and shall reimburse City for any increase in real property or
possessory interest taxes levied against the Property as a result of the improvements constructed
by Licensee on the Licensed Area only for so long as this License has not expired of its own terms
or is not terminated by either party.
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55575.00100\41370193.1
Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon
Drive Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Page 19 of 24
Section 29.Time. Time is of the essence of this License.
Section 30.Incorporation of Recitals. All of the recitals hereof are incorporated by
this reference and are made a part hereof as though set forth at length herein.
Section 31.Survival. All terms that by their nature should survive termination of this
License shall survive, including but not limited to payment of amounts owed and indemnification
obligations.
Section 32.The following exhibits are incorporated in this License:
Exhibit A Property- Legal Description
Exhibit B Description and Depiction of Licensed Area (Site Plan) and
Communications Facility (Equipment List)
Section 33.Binding Authority/Authorized Representatives. Each of the parties
represents and warrants that it has the full right, power, legal capacity, and authority to enter into
and perform its obligations hereunder and that those obligations will be binding upon that party
without the approval or consent of any other person or entity. Each person executing this License
represents and warrants he/she has been duly authorized to execute the same.
[Signatures Follow on Next Page]
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
IN WITNESS WHEREOF, the parties hereto have executed this License as of the day
and year first written above.
“City”: “Licensee”:
CITY OF PALM SPRINGS, NEW CINGULAR WIRELESS, LLC,
a municipal corporation a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: _____________________________ By: ______________________________
City Manager
Title: ______________________________
Approved as to Form:
_______________________________
City Attorney
Attest:
_______________________________
City Clerk
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Area Manager Network Engineering
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Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Exhibit A Property- Legal Description
Parcel A:
All that portion of Parcel 1 of Parcel Map No. 13574, in the City of Palm Springs, County of
Riverside, State of California, as recorded in Parcel Map Book 73 at Page 52, records of
Riverside County, California, described as follows:
Beginning at the Northeast corner of said Parcel 1, the following three courses being along the
East and Southerly lines of said Parcel 1, thence South 00° 00' 22" West, a distance of 50.00 feet
to the true point of beginning;
Thence continuing South 00° 00' 22" West a distance of 119.08 feet to the beginning of a tangent
curve concave Northwesterly and having a radius of 20.00 feet;
Thence Southwesterly along said curve through a central angle of 89° 52' 45" and a length of
31.37 feet;
Thence South 89° 53' 07" West a distance of 122.17 feet;
Thence North 00° 05' 27" West a distance of 139.02 feet;
Thence North 89° 52' 48" East a distance of 142.36 feet to the point of beginning.
Together with that portion of South Indian Canyon Drive vacated and abandoned by that certain
Resolution No. 20503, recorded December 23, 2002, as Instrument No. 2002-770907, of Official
Records, which would pass by operation of law.
Parcel B:
All that portion of Parcel 1 of Parcel Map No. 13574, in the City of Palm Springs, County of
Riverside, State of California, as recorded in Parcel Map Book 73 at Page 52, records of
Riverside County, California, described as follows:
Beginning at the Northeast corner of said Parcel 1;
Thence South 89° 52' 48" West along the Northerly line of said Parcel 1 a distance of 145.34 feet
to an angle point on the Northerly line of said Parcel 1;
Thence South 00° 05' 27" East along the Westerly line of said Parcel 1 a distance of 50.01 feet to
an angle point in said line of said Parcel 1;
Thence North 89° 52' 48" East a distance of 145.34 feet to the East line of said Parcel 1;
Thence North 00° 05' 3.8" East along said East line a distance of 50.01 feet to the point of
beginning.
Together with that portion of South Indian Canyon Drive vacated and abandoned by that certain
Resolution No. 20503, recorded December 23, 2002, as Instrument No. 2002-770907, of Official
Records, which would pass by operation of law.
Page 21 of 24
55575.00100\41370193.1
DocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Parcel C:
Lot 17 of Block 28 of Palm Springs Townsite, in the City of Palm Springs, County of Riverside,
State of California, as recorded in Map Book 9, at Page 423, records of Riverside County,
California.
Together with that portion of South Indian Canyon Drive vacated and abandoned by that certain
Resolution No. 20503, recorded December 23, 2002, as Instrument No. 2002-770907, of Official
Records, which would pass by operation of law.
Parcel D:
Lot 18 in Block 28 of Palm Springs, in the City of Palm Springs, County of Riverside, State of
California, as shown by Map on file in Book 9, Page 432 of Maps, records of San Diego County,
California,
Together with that portion of South Indian Canyon Drive vacated and abandoned by that certain
Resolution No. 20503, recorded December 23, 2002, as Instrument No. 2002-770907, of Official
Records, which would pass by operation of law.
Parcel E:
All that portion of Lot 19 of Block 28 of Palm Springs Townsite, in the City of Palm Springs,
County of Riverside, State of California, as recorded in Map Book 9 at Page 423, records of San
Diego County, California, described as follows:
Beginning at the Southeast corner of said Lot 19;
Thence South 89° 52' 58" West along the South line of said Lot 19 a distance of 145.33 feet to
the Southwest corner of said Lot 19;
Thence North 00° 05' 27" West along the West line of said Lot 19 a distance of 50.01 feet to the
Northwest corner of said Lot 19;
Thence South 89° 52' 48" East along the North line of said Lot 19 a distance of 62.62 feet;
Thence South 00° 05' 27" East a distance of 25.01 feet;
Thence South 89° 52' 48" East a distance of 82.71 feet to the East line of said Lot 19;
Thence South 00° 05' 38" East along the East line of said Lot 19 a distance of 25.00 feet to the
point of beginning.
Excepting that portion lying Easterly of a line which is Westerly of and 50.00 feet measured at
right angles from the centerline of East Avenue (now known as Indian Canyon Drive) as
conveyed to the City of Palm Springs by deed recorded June 30, 1966 as Instrument No. 67758,
Official Records of Riverside County, California.
Page 22 of 24
55575.00100\41370193.1
DocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
55575.00100\41370193.1
Page 23 of 24
Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Together with that portion of South Indian Canyon Drive vacated and abandoned by that certain
Resolution No. 20503, recorded December 23, 2002, as Instrument No. 2002-770907, of Official
Records, which would pass by operation of law.
Assessor's Parcel No. 513-154-044; 045; 046; 047; 048
DocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
55575.00100\41370193.1
Page 24 of 24
Palm Springs Site Name: Baristo Parking Lot - 249 South Indian Canyon Drive
Licensee Site Name: Palm Springs Park Garage
Licensee Site No.: CSL05482
Exhibit B Description and Depiction of Licensed Area and the Communications Facility
[see following pages 25 through 69]
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CONSTRUCTION NOTESCSL05482PALM SPRINGS PARKING GARAGEDCI PACIFICWORKSA E C||ARCHITECTURE | ENGINEERING | CONSULTING26 EXECUTIVE PARK | SUITE 170 | IRVINE | CA 92614T 949 475.1000 | 949 475.1001 FDocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
CSL05482PALM SPRINGS PARKING GARAGEDCI PACIFICWORKSA E C||ARCHITECTURE | ENGINEERING | CONSULTING26 EXECUTIVE PARK | SUITE 170 | IRVINE | CA 92614T 949 475.1000 | 949 475.1001 FDocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
TOWER FRAMING PLANSAND EQUIPMENT PLANSCSL05482PALM SPRINGS PARKING GARAGEDCI PACIFICWORKSA E C||ARCHITECTURE | ENGINEERING | CONSULTING26 EXECUTIVE PARK | SUITE 170 | IRVINE | CA 92614T 949 475.1000 | 949 475.1001 FDocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
CONSTRUCTION DETAILSCSL05482PALM SPRINGS PARKING GARAGEDCI PACIFICWORKSA E C||ARCHITECTURE | ENGINEERING | CONSULTING26 EXECUTIVE PARK | SUITE 170 | IRVINE | CA 92614T 949 475.1000 | 949 475.1001 FDocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
CSL05482PALM SPRINGS PARKING GARAGEDCI PACIFICWORKSA E C||ARCHITECTURE | ENGINEERING | CONSULTING26 EXECUTIVE PARK | SUITE 170 | IRVINE | CA 92614T 949 475.1000 | 949 475.1001 FCONSTRUCTION DETAILSDocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
CSL05482PALM SPRINGS PARKING GARAGEDCI PACIFICWORKSA E C||ARCHITECTURE | ENGINEERING | CONSULTING26 EXECUTIVE PARK | SUITE 170 | IRVINE | CA 92614T 949 475.1000 | 949 475.1001 FCONSTRUCTION DETAILSDocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
CSL05482PALM SPRINGS PARKING GARAGEDCI PACIFICWORKSA E C||ARCHITECTURE | ENGINEERING | CONSULTING26 EXECUTIVE PARK | SUITE 170 | IRVINE | CA 92614T 949 475.1000 | 949 475.1001 FCONSTRUCTION DETAILSDocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
CONSTRUCTION DETAILSCSL05482PALM SPRINGS PARKING GARAGEDCI PACIFICWORKSA E C||ARCHITECTURE | ENGINEERING | CONSULTING26 EXECUTIVE PARK | SUITE 170 | IRVINE | CA 92614T 949 475.1000 | 949 475.1001 FDocuSign Envelope ID: E345E90B-1EC5-4FC3-906B-E7B341236FA0DocuSign Envelope ID: 2C3ED66F-9702-4DEB-84CB-11A19A43E4DD
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