HomeMy WebLinkAbout2009 CON NextG Networks - Right-of-WayCITY OF NATIONAL CITY
Right -or -Way Use Agreement
THIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of
September 1, 2009 (the "Effective Date"), and entered into by and between the CITY
OF NATIONAL CITY, a California municipal corporation (the "City"), and NEXTG
NETWORKS OF CALIFORNIA, INC., a Delaware corporation ("NextG"),
Recitals
A. WHEREAS, NextG owns, maintains, operates and controls, in accordance
with regulations promulgated by the Federal Communications Commission and the
California Public Utilities Commission, a fiber -based telecommunications Network or
Networks (as defined in § 19 below) serving NextG's wireless carrier customers and
utilizing microcellular optical repeater Equipment (as defined in § 1,3 below) certified by
the Federal Communications Commission; and
B, WHEREAS, the Public Rights -of -Way within the City are used by and
useful to private enterprises engaged in providing telecommunications services to
citizens, institutions, and businesses located in the City; and
C. WHEREAS, the right to occupy portions at the Public Rights -of -Way upon
City owned infrastructure for limited times, for the business of providing
telecommunications services, is a valuable economic privilege, the economic benefit at
which should be shared with all the taxpayers of the City; and
D. WHEREAS, beneficial competition between providers at communications
services can be furthered by the City's provision of grants of location and rights to use
the Public Rights -of -Way on nondiscriminatory and competitively neutral terms and
conditions; and
E, WHEREAS, for purpose of operating the Network, NextG wishes to locate,
place, attach, install, operate, control, and maintain Equipment in the Public Rights -of -
Way (as defined below in § 1.11 below), on facilities owned by the City, as well as on
facilities owned by third parties therein; and
F WHEREAS, NextG is willing to compensate the City in exchange for a
grant of location and the right to use and physically occupy portions of the Public
Rights -of -Way, on Municipal Facilities owned by the City or both.
Agreement
Now, therefore, for good and valuable consideration, the receipt and sufficiency
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at 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
Use Agreement:
1.1 City. "City" means the City at National City
1.2 Decorative Streetlight Pole. "Decorative Streetlight Pole" shall mean any
streetlight pole that incorporates artistic design elements not typically found in
standard steel or aluminum streetlight poles. Decorative Streetlight Poles may
not be used for the Network without prior written approval by City. The term
Decorative Streetlight Pole includes any historically or architecturally significant
or designated Tight poles owned by the City located on Public Rights -of -Way.
1.3 Equipment. "Equipment" means the optical repeaters, DWDM and CWDM
multiplexers, antennae, fiber optic cables, wires, and related equipment, whether
referred to singly or collectively, to be installed and operated by NextG
hereunder. All Equipment and installation configurations have been pre -
approved by the City of National City, subject to compliance with any City
guidelines for the placement of utility facilities in the Public Rights -of -Way, and
are shown in the drawings and photographs attached hereto as Exhibit A and
incorporated herein by reference. Any Equipment and installation configuration
not contained within Exhibit A must receive written City approval before it may be
used on any City Municipal Facility or placed on or in the Public Rights -of -Way.
1.4 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or
levy of general application to entities doing business in the City lawfully imposed
by any governmental body (but excluding any utility users' tax, franchise fees,
communications tax, or similar tax or fee).
1.5 Gross Revenue Fee. "Gross Revenue Fee" shall mean and include any and
all income and other consideration collected, received, or in any manner gained
of derived by NextG from or in connection with, the provision of Services, either
directly by NextG or indirectly through a reseller, if any, to customers of such
services within the City of National City, including any imputed revenue derived
from commercial trades and barters equivalent to the full retail value of goods
and services provided by NextG. Gross Revenue shall not include: (a) sales, ad
valorem, or other types of "add -on" taxes, levies, or fees calculated by gross
receipts or gross revenues which might have to be paid to or collected for
federal, state, or local government (exclusive of the Municipal Facilities Annual
Fee paid to the City provided herein); (b) retail discounts or other promotions; (c)
non -collectable amounts due NextG or its customers; (d) refunds or rebates; and
(e) non -operating revenues such as interest income or gain from the sale of an
asset.
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1.6 Installation Date. "Installation Date" shall mean the date that the first
Equipment is installed by NextG pursuant to this Use Agreement.
1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, tariffs, administrative orders,
certificates, orders, or other requirements of the City, or other governmental
agency having joint or several jurisdiction over the parties to this Use Agreement,
including, without limitation, the City's guidelines for the placement of utility
facilities in the Public Rights -of -Way.
1.8 Municipal Facilities. "Municipal Facilities" means City -owned Streetlight
Poles, Decorative Streetlight Poles, lighting fixtures, or electroliers located within
the Public Way and may refer to such facilities in the singular or plural, as
appropriate to the context in which used.
1.9 Network. "Network" or collectively "Networks" means one or more of the
neutral -host, protocol -agnostic, fiber -based optical repeater networks operated
by NextG to serve its wireless carrier customers in the City.
1.10 NextG. "NextG" means NextG Networks of California, Inc., a corporation
duly organized and existing under the laws of the State of Delaware, and its
lawful successors, assigns, and transferees.
1.11 Public Way, or Public Rights -of -Way. "Public Way" or "Public Rights -of -
Way" means the space in, upon, above, along, across, and over the public
streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all
public utility easements and public service easements as the same now or may
hereafter exist, that are under the jurisdiction of the City. This term shall not
include any other property owned by the City or any property owned by any
person or entity (e.g. county, state, or federal rights -at -way) other than the City,
except as provided by applicable Laws or pursuant to an agreement between the
City and any such person or entity.
1.12 PUC. " PUC" means the California Public Utilities Commission.
1.13 Services. "Services" means the RF transport telecommunications services
provided through the Network by NextG to its wireless carrier customers
pursuant to one or more tariffs filed with and regulated by the PUC.
1.14 Streetlight Pole. "Streetlight Pole" shall mean any standard -design
concrete, fiberglass, or metal pole that has a mast arm for electrolier support and
is used for street lighting purposes.
2. TERM. This Use Agreement shall be effective as of the Effective Date and shall
extend for a term of ten (10) years, unless it is earlier terminated by either party in
accordance with the provisions herein. NextG shall have the option to renew the term
of this Use Agreement one (1) additional term of five (5) years on the same terms and
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conditions as set forth herein by delivering written notice of renewal to the City at least
ninety (90) days prior to the expiration of the then current term.
3. SCOPE OF USE AGREEMENT. Any and all rights expressly granted to NextG under
this Use Agreement, which shall be exercised at NextG's sole cost and expense, shall
be subject to the prior and continuing right of the City under applicable Laws to use
any and all parts of the Public Way exclusively or concurrently with any other person or
entity and shall be further subject to all deeds, easements, dedications, conditions,
covenants, restrictions, encumbrances, and claims of title of record which may affect
the Public Way. Nothing in this Use Agreement shall be deemed to grant, convey,
create, or vest in NextG a real property interest in land, including any fee, leasehold
interest, or easement.
3.1 Attachment to Municipal Facilities. Subject to approval by the City
Manager (as described below) the City hereby authorizes and permits NextG to
enter upon the Public Way and to locate, place, attach, install, operate, maintain,
control, remove, reattach, reinstall, and replace Equipment in or on identified
Municipal Facilities for the purposes of operating the Network and providing
Services. In addition, the City may deliver low -voltage or 120-230 VAC nominal
to or at any City owned Streetlight Pole on which NextG may locate its
Equipment. City shall not be responsible to provide any specified voltage or
wattage of electricity that is compatible with any NextG Equipment. Subject to the
provisions of § 4.2 below, NextG may have the right to draw compatible
electricity for the operation of the Equipment from the service point of the power
source associated with the Municipal Facility. NextG shall not connect its
Equipment to, nor draw any power from, any traffic signal device. For each
attachment to Municipal Facilities, NextG shall submit a separate application for
review by the City Manager (or his or her delegate) for review and approval. The
City Manager's review and approval for attachment to Municipal Facilities will not
be unreasonably withheld or delayed, and although the City Manager may
request reasonable modifications, NextG may anticipate that approval shall be
granted so long as each application substantially conforms to one of the pre -
approved configurations and the Equipment specifications set forth in Exhibit A.
3.2 Attachment to Third -Party Property. Subject to obtaining the written
permission of the owner(s) at the affected property, the City hereby authorizes
and permits NextG to enter upon the Public Rights -of -Way and to attach, install,
operate, maintain, remove, reattach, reinstall, relocate, and replace such number
of Equipment in or on poles or other structures owned by public utility companies
or other property owners located within the Public Way as may be permitted by
the public utility company or property owner, as the case may be. NextG shall
furnish to the City documentation of such permission from the individual utility or
property owner responsible. A denial of an application for the attachment of
Equipment to third -party -owned poles or structures in the Public Way shall not be
based upon the size, quantity, shape, color, weight, configuration, or other
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physical properties of NextG's Equipment if the Equipment proposed for such
application conforms to one at the pre -approved configurations and the
Equipment specifications set forth in Exhibit A.
3.3 Preference for Municipal Facilities. In any situation where NextG has a
choice of attaching its Equipment to either Municipal Facilities or third -party -
owned property in the Public Way, NextG agrees to attach to the Municipal
Facilities, provided that (i) such Municipal Facilities are at least equally suitable
functionally for the operation at the Network and (ii) the rental fee and installation
costs associated with such attachment over the length of the term are equal to or
less than the fee or cost to NextG attaching to the alternative third -party -owned
property.
3.4 No Interference. NextG in the performance and exercise of its rights and
obligations under this Use Agreement shall not interfere in any manner with 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, electroliers, cable television, location monitoring
services; public -safety and other telecommunications; utility, 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
Use Agreement.
3.5 Compliance with Laws. NextG shall comply with all applicable Laws in the
exercise and performance of its rights and obligations under this Use Agreement.
3.6 No Authorization to Provide Other Services. NextG represents, warrants
and covenants that its Equipment installed pursuant to this Use Agreement will
be utilized solely for rendering the Service identified herein and NextG is not
authorized to and shall not use its Equipment to offer or provide any other
services not specified herein. Failure to abide by this will constitute a material
breach of this Use Agreement and the City, after providing NextG with written
notice may levy fines in an amount not to exceed one thousand dollars
($1,000.00) per day until the breach is cured.
3.7 Nonexclusive Use Rights. Notwithstanding any other provision of this Use
Agreement, any and all rights expressly or impliedly granted to NextG under this
Use Agreement shall be nonexclusive, and shall be subject and subordinate to
(1) the continuing right of the City to use, and to allow any other person or
persons to use, any and all parts of the Public Rights -of -Way 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 Public Rights -of -Way or
Municipal Facilities now or at any time during the term of this Use Agreement,
including, without limitation any Encumbrances granted, created or allowed by
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the City at any time.
3.8 Installation of Poles. When NextG is proposing to install a new pole, or
replace an existing pole, NextG shall use poles consistent with the City's current
standard specifications, and which match other poles, if any, in the immediate
area of the installation.
4. COMPENSATION; UTILITY CHARGES. NextG shall be solely responsible for the
payment of all lawful Fees in connection with NextG's performance under this Use
Agreement, including those set forth below
4.1 Annual Fee. In order to compensate City for NextG's entry upon and
deployment within the Public Way and as compensation for the use of Municipal
Facilities, NextG shall pay to the City a Municipal Facilities annual fee (the
"Municipal Facilities Annual Fee") in the amount of Five Hundred Dollars
($500.00) for the use of each Municipal Facility, if any, upon which Equipment
has been installed pursuant to this Use Agreement. The aggregate Municipal
Facilities Annual Fee with respect to each year at the term shall be an amount
equal to the number of Equipment installed on Municipal Facilities during the
preceding twelve (12) months multiplied by the Annual Fee, prorated as
appropriate, and shall be due and payable not later than forty-five (45) days after
each anniversary of the Effective Date. City represents and covenants that City
owns all Municipal Facilities for the use of which it is collecting from NextG the
Annual Fee pursuant to this § 4.1. In addition to the Municipal Facilities Annual
Fee and in exchange for the use of the City's Public Rights -of -Way ("Right -of -
Way Fee"), NextG agrees to pay to the City on a monthly basis, in lawful money
of the United States, five percent (5%) of NextG's Gross Revenues received by
NextG from the provision of services or the sale at services within the City
market. Right -at -Way Fee payments made to the City by NextG pursuant to this
Section shall be separate from and shall not include City administrative fees such
as inspection fees, business taxes, permit fees, other regulatory charges and the
Municipal Facilities Annual Fee pursuant to this Agreement.
4.1.1 CPI Adjustment. Effective commencing on the first (1st) anniversary
of the Effective Date and continuing on each annual anniversary thereafter
during the term, the Annual Fee with respect to the ensuing one-year
period shall be adjusted by a percentage amount equal to the percentage
change in the U. S. Department at Labor, Bureau at Labor Statistics
Consumer Price Index (All Items, All Consumers, 1982-1984=100) which
occurred during the previous one-year period for the San Diego
Consolidated Metropolitan Statistical Area.
4.1.2 Accounting Matters. NextG shall keep accurate books of account
at its principal office in Milpitas or such other location of its choosing for
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the purpose of determining the amounts due to the City under § 4.1 above.
The City may inspect NextG's books of account relative to the City at any
time during regular business hours on thirty (30) days' prior written notice
and may audit the books from time to time at the City's sole expense, but
in each case only to the extent necessary to confirm the accuracy of
payments due under § 4.1 above. If an audit reveals that NextG has
underpaid the City in an amount greater than five percent (5%) of the
amount due, NextG shall reimburse the City for all costs incurred to
conduct the audit. The City agrees to hold in confidence any non-public
information it learns from NextG to the fullest extent permitted by Law.
4.2 Electricity Charges. NextG shall be solely responsible for the payment at all
electrical utility charges to the applicable utility company based upon the
Equipment's usage of electricity and applicable tariffs.
4.3 Payment. Gross Revenue payments due to the City under this Section shall
be made on or before the 30th day after each calendar month during the term of
this Agreement, and thirty (30) days after the expiration of the term of this
Agreement. Checks should be made payable to the City of National City and
mailed to the Director of Finance, City of National City, 1243 National City
Boulevard, National City, California, 91950. The place and time of payment may
be changed at any time by City upon thirty (30) days written notice to NextG.
Mailed rental payments shall be deemed paid upon the date such payment is
postmarked by the postal authorities. If postmarks are illegible to read, the
payment shall be deemed paid upon actual receipt by the City. NextG assumes
all risk of Toss and responsibility for late payment charges if payments are made
by mail. The initial monthly annual fee shall be due and payable not later than
thirty (30) days after the calendar month in which NextG has established Service
to commercial customers in the City.
4.4 Delinquent Payment. If NextG fails to pay any amounts due under this
Section within thirty (30) days from the due date, NextG will pay, in addition to
the unpaid fees, a sum of money equal to one percent (1 %) of the amount due
for each month and or fraction thereof during which the payment is due and
unpaid.
4.5 Additional Remedies. The remedy provisions set forth above are not
exclusive, and do not preclude the City Manager or designee from pursuing any
other or additional remedy in the event that payments become overdue by more
than sixty (60) days.
5. CONSTRUCTION. NextG shall comply with all applicable federal, State, and City
technical specifications and requirements and all applicable State and local codes
related to the construction, installation, operation, maintenance, and control of NextG's
Equipment installed in the Public Rights -of -Way and on Municipal Facilities in the City.
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NextG shall not attach, install, maintain, or operate any Equipment in or on the Public
Rights -of -Way and/or on Municipal Facilities without the prior written approval of the
City for each location.
5.1 Obtaining Required Permits. If the attachment, installation, operation,
maintenance, or location of the Equipment in the Public Way shall require any
permits, NextG shall, if required under applicable City ordinances, apply for the
appropriate permits and pay any standard and customary permit fees. City shall
promptly respond to NextG's requests for permits and shall otherwise cooperate
with NextG in facilitating the deployment of the Network in the Public Rights -of -
Way in a reasonable and timely manner.
5.2 Location of Equipment. The proposed locations of NextG's planned initial
installation of Equipment shall be provided to the City promptly after NextG's
review of available street light maps and prior to deployment of the Equipment.
Prior to installation of any Equipment in the Public Rights -of -Way or upon any
Municipal Facility, NextG shall obtain written approval for such installation in the
Public Rights -of -Way or upon such Municipal Facility from the City. The City may
approve or disapprove a location and installation, based upon reasonable
regulatory factors, including but not limited to, the location of other present or
future, communication facilities, efficient use of scarce physical space to avoid
premature exhaustion, potential interference with other communication facilities
and services, the public safety and other critical services; provided however, that
approval shall not be unreasonably conditioned, delayed, or withheld. Upon the
completion of each installation, NextG promptly shall furnish to the City a current
pole list and map showing the exact location of the Equipment in the Public
Rights -of -Way and/or on Municipal Facilities. Each subsequent location of any
installation site(s), or number of installation sites shall be subject to the same
approval requirements and process set forth in this section.
5.3 Zoning Height Restrictions. Notwithstanding anything to the contrary in this
Use Agreement (including the Specifications attached hereto at Exhibit A), no
portion of NextG's Equipment shall extend higher than thirty feet (35') above
grade with respect to attachments to Streetlight Poles and utility poles.
5.4 Street Furniture Cabinets. NextG understands that above -ground street
furniture and equipment cabinets located in the Public Way are disfavored as a
matter of City policy and that any such installation of above -ground street
furniture or equipment cabinets may require development review or a Conditional
Use Permit under applicable ordinances and policies. NextG agrees to comply
with the City's current ordinances and policies regarding such installations as well
as any future regulations that may be adopted by the City respecting such
installations.
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5.5 Visual Impact of Cross -Arm Installations. NextG agrees that, in order to
minimize the visual impact of its attachments on utility poles, in any instance
where a cross -arm is set on a utility pole as the locus for attachment of
Equipment, such Equipment shall be attached at the point on the cross -arm that
is as close to the pole as possible consistent with the requirements at General
Order 95 of the PUC.
5.6 Relocation and Displacement of Equipment. NextG understands and
acknowledges that City may require NextG to relocate one or more of its
Equipment installations. NextG shall at City's direction relocate such Equipment
at NextG's sole cost and expense, whenever City reasonably determines that the
relocation is needed for any of the following purposes: (a) if required for the
construction, completion, repair, relocation, or maintenance of a City project; (b)
because the Equipment is interfering with or adversely affecting proper operation
of City -owned light poles, traffic signals, communications, or other Municipal
Facilities; or, (c) to protect or preserve the public health or safety. In any such
case, City shall use its best efforts to afford NextG a reasonably equivalent
alternate location. If NextG shall fail to relocate any Equipment as requested by
the City within a reasonable time under the circumstances in accordance with the
foregoing provision, City shall be entitled to relocate the Equipment at NextG's
sole cost and expense, without further notice to NextG. To the extent the City
has actual knowledge therefore, the City will attempt promptly to inform NextG of
the displacement or removal at any pole on which any Equipment is located.
5.7 Relocations at NextG's Request. In the event NextG desires to relocate
any Equipment from one Municipal Facility to another, NextG shall so advise City
and seek approval consistent with section 5.2. City will use its best efforts to
accommodate NextG by making another reasonably equivalent Municipal Facility
available for use in accordance with and subject to the terms and conditions of
this Use Agreement.
5.8 Damage to Public Way. Whenever the removal or relocation of Equipment
is required or permitted under this Use Agreement, and such removal or
relocation shall cause the Public Rights -of -Way to be damaged, NextG, at its
sole cost and expense, shall promptly repair and return the Public Rights -at -Way
in which the Equipment are located to a safe and satisfactory condition in
accordance with applicable Laws. NextG shall also promptly repair the Public
Right -of -Way upon receiving notice from the City that a repair to the Public Right -
of -Way is necessary as a result of deterioration or wear and tear damage to any
trenches used to install NextG's Equipment. If NextG does not repair the site as
just described, then the City shall have the option, upon fifteen (15) days' prior
written notice to NextG, to perform or cause to be performed such reasonable
and necessary work on behalf of NextG and to charge NextG for the proposed
costs to be incurred or the actual costs incurred by the City. Upon the receipt of
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a demand for payment by the City, NextG shall promptly reimburse the City for
such costs. The terms of this provision shall survive the expiration, completion or
earlier termination of this Use Agreement.
5.9 Change in Equipment. If NextG proposes to install Equipment, which is
different in any material way from the specifications attached hereto as Exhibit A,
then NextG shall first obtain the approval for the use and installation of the
equipment from the City. In addition to any other submittal requirements, NextG
shall provide "load" calculations for all Streetlight Poles it intends to install in the
Public Rights -of -Way, notwithstanding original installation or by way of equipment
type changes. The City may approve or disapprove of the use of the different
equipment from the specifications set forth in Exhibit A, pursuant to the factors
enumerated in 5.2 above, and such approval shall not be unreasonably withheld.
5.10 Removal of Equipment. Upon sixty (60) days' written notice by the City
pursuant to the expiration or earlier termination of this Use Agreement for cause,
NextG shall promptly, safely and carefully remove the Equipment from all
Municipal Facilities and Public Rights -of -Way. Such obligation of NextG shall
survive the expiration or earlier termination of this Use Agreement. If NextG fails
to complete this removal work on or before the sixty (60) days subsequent to the
issuance of notice pursuant to this Section, then the City, upon written notice to
NextG, shall have the right at the City's sole election, but not the obligation, to
perform this removal work and charge NextG for the actual costs and expenses,
including, without limitation, reasonable administrative costs. NextG shall pay to
the City actual costs and expenses incurred by the City in performing any
removal work and any storage of NextG's property after removal within ten (10)
business days of the date at a written demand for this payment from the City.
After the City receives the reimbursement payment from NextG for the removal
work and storage performed by the City, the City shall promptly return to NextG
the property belonging to NextG and removed by the City pursuant to this
Section at no liability to the City. If the City does not receive reimbursement
payment from NextG within such ten (10) business days, or if City does not elect
to remove such items at the City's cost after NextG's failure to so remove prior to
sixty (60) days subsequent to the issuance of notice pursuant to this Section, any
items of NextG's property remaining on or about the Public Rights -at -Way,
Municipal Facilities, or stored by the City after the City's removal thereof may, at
the City's option, be deemed abandoned and the City may dispose of such
property in any manner by Law. Alternatively, the City may elect to take title to
abandoned property, provided that NextG shall submit to the City an instrument
satisfactory to the City transferring to the City the ownership of such property.
The provisions of this Section shall survive the expiration or earlier termination of
this Use Agreement.
5.11 Risk of Loss. NextG acknowledges and agrees that NextG bears all risks
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of loss or damage of its Equipment and materials installed in the Public Rights -of -
Way or on Municipal Facilities pursuant to this Use Agreement from any cause,
and the City shall not be liable for any cost of repair to damaged Equipment,
including, without limitation, damage caused by the City's removal of the
Equipment, except to the extent that such loss or damage was solely caused by
the willful misconduct or negligence of the City, including, without limitation, each
of its elected officials, department directors, managers, officers, agents,
employees, and contractors, subject to the limitation of liability provided in § 6.2
below.
5.12 Trenching. NextG agrees that it will use traditional trenching in order to
install its Equipment in the Public Right -of -Way, and that it is specifically
prohibited under this Agreement from using microtrenching.
5.13 Coordination with City Street Maintenance. NextG agrees that it will
coordinate its installation of Equipment in the Public Right -of -Way with planned
City street maintenance; to the extent such coordination is feasible.
5.14 Street Restoration. NextG agrees that when it uses the open trenching
method to perform work in City streets, NextG shall restore the condition of the
street in accordance with National City Municipal Code Title 13 and City policies.
In lieu of performing required street restoration work, NextG may contribute an
amount to the City's street restoration fund which is equivalent to the City's cost
of performing the work, if such fund exists at the time of the street restoration.
5.15 Notice to City. NextG agrees that it shall provide notice to the City in
advance of any construction, installation or maintenance work to be done on its
Equipment in the Public Rights -of -Way, or any at its Equipment on third party
property that requires NextG to enter onto the Public Rights -of -Way. This notice
shall be provided at least twenty-four hours in advance of the commencement of
the work, and shall be provided by telephone, facsimile or electronic mail. This
notice requirement shall not be applicable in the case of an emergency requiring
immediate action.
6. INDEMNIFICATION AND WAIVER. NextG agrees to indemnify, defend, protect, and
hold harmless the City, its council members, officers, and employees from and against
any and all claims, demands, losses, 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") directly or proximately resulting from
NextG's activities undertaken pursuant to this Use Agreement, except to the extent
arising from or caused by the sole negligence or sole willful misconduct of the City, its
council members, officers, employees, agents, or contractors.
6.1 Waiver of Claims. NextG waives any and all claims, demands, causes of
action, and rights it may assert against the City on account of any loss, damage,
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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 reasonable control of the City.
6.2 Limitation of City's Liability. The City shall be liable only for the cost of
repair to damaged Equipment arising from the sole negligence or sole willful
misconduct of City, its employees, agents, or contractors and shall in no event be
liable to indirect or consequential damages. City's total liability under this Use
Agreement shall be limited to the annual aggregate (Municipal Facilities Annual
Fee and Right -of -Way Fee) fees paid by NextG to the City in the year under
which such liability arises.
7. SECURITY AND BOND. In order to secure its performance of its obligations under
this Use Agreement, NextG agrees to provide for the following security instruments to
the City.
7.1 Construction Period Performance Bond. Prior to the commencement of
any work under this Use Agreement, NextG shall provide a construction
performance bond running to the City, in the penal sum of Two Thousand Five
Dollars ($2,500.00) for each Municipal Facility upon which Equipment is to be
installed pursuant to § 5 this Use Agreement (the "Construction Bond"),
conditioned upon the faithful performance of NextG of all the terms and
conditions at this Use Agreement and upon the further condition that, in the event
that NextG shall fail to comply with any law, ordinance, rule, or regulation
governing this Use Agreement, there shall be recoverable jointly and severally
from the principal and surety of the bond any damage or loss suffered by the City
as a result, including the full amount of any compensation, indemnification, or
costs of removal or abandonment of property of NextG, plus costs and
reasonable attorney's fees up to the full amount of the Construction Bond. The
City may require NextG to increase the amount of the Construction Bond if the
City concludes that it is necessary to do so based upon the amount of
construction in the Public Rights -of -Way being performed by NextG, or based
upon the harm being caused by NextG to Public Rights -of -Way or Municipal
Facilities. NextG agrees to keep the Construction Bond in place until the City has
signed off on completion of the Network construction permitted by § 5 and until
the Construction Bond has been replaced by a Performance Bond, as specified
in § 7.2 below.
7.2 Continuing Faithful Performance Bond. Following the completion of the
construction of the Network permitted by § 5 and until such time as NextG has
liquidated all of its obligations with the City, NextG shall file with the Clerk of the
City of National City and maintain throughout the Term of this Use Agreement a
faithful performance bond running to the City (the "Performance Bond"), in a form
acceptable to the City, in an amount to be negotiated in good faith by the parties
and conditioned upon the faithful performance of NextG of ,all the terms and
conditions of this Use Agreement and upon the further condition that, in the event
Page 12 of 18
Right -of -Way Use Agreement: NextG Networks
NextG shall fail to comply with any law, ordinance, rule, or regulation governing
this Use Agreement, there shall be recoverable jointly and severally from the
principal and surety of the bond any damage or loss suffered by the City as a
result, including the full amount of any compensation, indemnification, or cost of
removal or abandonment of property of NextG, plus costs and reasonable
attorney's fees up to the full amount at the bond.
7.3 Required Endorsement. The bonds shall be subject to the approval of the
National City City Attorney and shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not be
canceled until sixty (60) days after receipt by the City Attorney of
the City of National City, by registered mail, return receipt
requested of a written notice of intent to cancel or not to renew."
7.4 Reservation of City Rights. The rights reserved by the City with respect to
the bonds herein are in addition. to all other rights and remedies the City may
have under this Use Agreement or any other law.
8. INSURANCE. NextG, at its sole cost and expense, shall purchase and maintain, and
shall be required, when applicable, to purchase and maintain throughout the term of this
agreement, the following insurance policies:
A. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of
$1,000,000 combined single limit per accident. Such automobile insurance shall include
owned, non -owned, and hired vehicles ("any auto").
B. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage
arising out of its operations under this Agreement.
C. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of NextG's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be
provided prior to commencement of work under this Agreement.
D. The aforesaid policies shall constitute primary insurance as to the City,
its officers, employees, and volunteers, so that any other policies held by the City shall
not contribute to any loss under said insurance. Said policies shall provide for thirty (30)
days prior written notice to the City of cancellation or material change.
Page 13 of 18
Right -of -Way Use Agreement: NextG Networks
E. Said policies, except for the professional liability and workers'
compensation policies, shall name the City and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, NextG shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of this Agreement. In addition, the "retro"
date must be on or before the date of this Agreement.
G. Any aggregate insurance limits must apply solely to this Agreement.
H. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less
than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager. In the event coverage is
provided by non -admitted "surplus lines" carriers, they must be included on the most
recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet
rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and
approved by the City's Risk Manager. If NextG does not keep all of such insurance
policies in full force and effect at all times during the terms of this Agreement, the City
may elect to treat the failure to maintain the requisite insurance as a breach of this
Agreement and terminate the Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the City.
9. NOTICES. All notices which shall or may be given pursuant to this Use Agreement
shall be in writing and delivered personally or transmitted (a) through the United States
mail, by registered or certified mail, postage prepaid, (b) by means of prepaid overnight
delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is
followed by delivery through the U. S. mail or by overnight delivery service as just
described, addressed as follows:
If to the City
CITY Of NATIONAL CITY
Attn: Director of MIS
1243 National City Boulevard, National City, CA 91950
Page 14 of 18
Right -of -Way Use Agreement: NextG Networks
If to NextG
NEXTG NETWORKS OF CALIFORNIA, INC.
Attn: Contracts Administration
2216 O'Toole Ave. San Jose CA 95131
Date of Notices; Changing Notice Address. Notice's shall be deemed given upon
receipt in the case of personal delivery, three (3) days after deposit in the mail, or the
next business day in the case of facsimile, email, or overnight delivery. Either party
may from time to time designate any other address fur this purpose by written notice to
the other party delivered in the manner set forth above.
10. TERMINATION. This Use Agreement may be terminated by either party upon forty-
five (45) days' prior written notice to the other party upon a default of any material
covenant or term hereof by the other party, which default is not cured within forty-five
(45) days of receipt of written notice of default (or, it such default is not curable within
forty -live (45) days, if the defaulting party fails to commence such cure within forty-five
(45) days or fails thereafter diligently to prosecute such cure to completion), provided
that the grace period for any monetary default shall be ten (10) days from receipt of
notice. Except as expressly provided herein, the rights granted under this Use
Agreement are irrevocable during the term.
11. ASSIGNMENT. This Use Agreement shall not be assigned by NextG without the
express written consent of the City. Notwithstanding the foregoing, the transfer of the
rights and obligations of NextG to a parent, subsidiary, or other affiliate of NextG or to
any successor in interest or entity acquiring fifty-one percent (51 %) or more of NextG's
stock or assets (collectively "Exempted Transfers") shall not be deemed an assignment
for the purposes of this Agreement and therefore shall not require the consent of the
City, provided that NextG reasonably demonstrates to the City's lawfully empowered
designee the following criteria (collectively the "Exempted Transfer Criteria"): (i) such
transferee will have a financial strength after the proposed transfer at least equal to that
of NextG immediately prior to the transfer; (ii) any such transferee assumes all of
NextG's obligations hereunder; and (iii) the experience and technical qualifications of
the proposed transferee, either alone or together with NextG's management team, in
the provision of telecommunications or similar services, evidences an ability to operate
the NextG Network. NextG shall give at least thirty (30) days prior written notice (the
"Exempted Transfer Notice") to the City of any such proposed Exempted Transfer and
shall set forth with specificity in such Exempted Transfer Notice the reasons why NextG
believes the Exempted Transfer Criteria have been satisfied. The City Council of City
shall have a period of thirty (30) days (the "Exempted Transfer Evaluation Period") from
the date that NextG gives the City its Exempted Transfer Notice to object in writing to
the adequacy of the evidence contained therein. Notwithstanding the foregoing, the
Exempted Transfer Evaluation Period shall not be deemed to have commenced until
Page 15 of 18
Right -of -Way Use Agreement: NextG Networks
the City has received from NextG any and all additional information the City may
reasonably require in connection with its evaluation of the Exempted Transfer Criteria
as set forth in the Exempted Transfer Notice, so long as the City gives NextG notice in
writing of the additional information the City requires within fifteen (15) days after the
City's receipt at the original Exempted Transfer Notice. If the City Council of City fails to
act upon NextG's Exempted Transfer Notice within the Exempted Transfer Evaluation
Period (as the same may be extended in accordance with the foregoing provisions),
such failure shall be deemed an affirmation by the City Council that NextG has in fact
established compliance with the Exempted Transfer Criteria to the City's satisfaction.
12. MISCELLANEOUS PROVISIONS. The provisions, which follow, shall apply
generally to the obligations of the parties under this Use Agreement.
12.1 Waiver of Breach. The waiver by either party of any breach or violation of
any provision of this Use 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 Use Agreement.
12.2 Severability of Provisions. If anyone or more of the provisions of this Use
Agreement shall be held by 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 Use Agreement and shall not
affect the legality, validity, or constitutionality of the remaining portions of this Use
Agreement. Each party hereby declares that it would have entered into this Use
Agreement and each provision hereof regardless of whether anyone or more
provisions may be declared illegal, invalid, or unconstitutional.
12.3 Contacting NextG. NextG shall be available to the staff employees of any
City department having jurisdiction over NextG's activities twenty-four (24) hours
a day, seven (7) days a week, regarding problems or complaints resulting from
the attachment, installation, operation, maintenance, or removal of the
Equipment. The City may contact by telephone the network control center
operator at telephone number 1-866-44-NEXTG (446-3984) regarding such
problems or complaints.
12.4 Governing Law; Jurisdiction. This Use 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 Use
Agreement, the parties agree that trial of such action shall be vested exclusively
in the state courts of California, County of San Diego, or in the United States
District Court for the Southern District of California. NextG hereby waives any
right to remove an action from San Diego County as is otherwise permitted by
California Code of Civil Procedure section 394.
12.5 Attorneys' Fees. Should any dispute arising out of this Use Agreement
lead to litigation, the prevailing party shall be entitled to recover its costs of suit,
Page 16 of 18
Right -of -Way Use Agreement: NextG Networks
including (without limitation) reasonable attorneys' fees.
12.6 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 parties' 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 § 3.2 above.
12.7 Amendment of Use Agreement. This Use Agreement may not be
amended except pursuant to a written instrument signed by both parties.
12.8 Entire Agreement. This Use 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 Use
Agreement, which are not fully expressed herein.
In witness whereof and in order, to bind themselves legally to the terms and
conditions of this Use Agreement, the duly authorized representatives of the parties
have executed this Use Agreement as of the Effective Date.
City CITY OF NATIONAL CITY, a California municipal corporation
By:
on Morrison, Mayor
Date: 9 2 ? "° , 2009
NextG NEXTG NETWORKS OF CALIFORNIA, INC., a Delaware
corporation
Bv. 1 ' Date:
Robert L. Delsman
SV', Government Relations &
egulatory Af fyirs
By: Date:
Randall I. Bambrough
Chief Financial Officer
Page 17 of 18
, 2009
, 2009
Right -of -Way Use Agreement: NextG Networks
APPROVED AS TO FORM:
George H. Eiser, III, City Attorney
Exhibits:
Exhibit A - Equipment
Page 18 of 18
Right -of -Way Use Agreement: NextG Networks
O O O
CONDUIT
ENCASING POWER FEED
FROM PROPOSED SECONDARY
AERIAL LIME TD POWER METER
COAXIAL CABLE
TO ANTENNA
NEX TO EQUIPMENT
ENCLOSURE
x141NX119
124LOS
AC POWER
TO REPEATER
POWER
METER
POWER CABLE FRON
SECONDARY AERIAL LIE.
DOV AC
DISOONECT
PRDIARY 42'-6' G1
PPG 40'-0' GR
PROPOSED SECIDIDARY
36'-0' GR
2SP' RAD CENTER 2B'6' GR
PROPOSED NXG FIBER
SPLITTER
S/4 0 CONDUIT
ENCASING COAXIAL
CALE FEED FROM
REPEATER TO ANTENNA
3/410 CGGUIT ENCASING
FIBER OPTIC CABLE FEED
FROM AERIAL. FIBER LDE
TD ABC CABINET.
DAXOAL
CABLE TO
ANTENNA
FILER OPTIC
CABLE
AC POWER
CONDUIT
6•
261E OR
NextG
Proprietary &
Confidential
WOOD UTILITY POLE LAYOUT
NEXTG NETWORKS
EQUIPMENT CONFIGURATIONS
EXHIBIT "A"
SITE ADDRESS.
TITLE WOODEN DISTRIBUTION POLE
LARGE ADC DUAL BAND CABINET
NON -METERED UNIT CONFIGURATION
CONTRACT PRE
DRAWING NO
DATE WARN. 06-11-2009
SHEET
1
NextG Networks
SCALE. AS SHOWN
PLOT DATE 06-06-2003
OMNIDIAL ANTENNA
C29.7.7'L0N0LONG 0.83•/)
COAX. CABLE
TO ANTENNA
NEXTO EQUIPMENT
ENCLOSURE
IB'Hx U'WxIrD�
126LDS
.10'-0'
POVER FROM
UTILITY TO
LIGHT POST
2• DRAIN HOLE
STREET LIGHT LAMP POST LAYOUT
SCALE. 1/2• - 1'-0•
POWER FROM
UTILITY TD
AC DISCONNECT
110V AC
DISCONNECT
1' FLEXIBLE
METAL CONDUI
PiNER FROM
AC DISCONNECT
TO REPEATER
NEMA BOX
LID
GROUNDING PLATE
HANDHOLE C30•X17•)
GROUND LINE
GROUNDING WIRE
IS FT COIL GROUNDING PIPE
NextG Proprietary & Confidential
NEXTG NETWORKS
EQUIPMENT CONFIGURATIONS
EXHIBIT "A"
SITE ADDRESS,
TITLE. STANDARD STEEL LAMP POST
MIKOM NMRB/19 REMOTE UNIT
NON -METERED UNIT CONFIGURATION
CONTRACT Kb
GRAVING ND
DATE DRAWN. 06-11-2009
SHEET.
2
NextG Networks
SCALE. AS SHJVN
PLOT DATE . 06-16-2003
OMNI OR PANEL
7-ANTENNA 24" - 48"
MEN
11,
MOUNTING BRACKET
12"-24" HEIGHT
REMOTE EQUIPMENT
GROUND UNE
TRAFFIC LIGHT POLE LAYOUT
NEXTG NETWORKS
EQUIPMENT CONFIGURATIONS
EXHIBIT "A"
SITE ADDRESS,
TITLE, TRAFFIC LIGHT POLE
SINGLE ION CABINET
UNMETERED CONFIGURATION
CONTRACT NO.,
DRAVPG ND
DATE DRAWN, 06-11-2009
SCALE, AS SHOWN
SHEET
3
NextG Networks
PLOT DATE , 06-06-2003
REMOTE EQUIPMENT
PLALT
OMNI OR PANEL
ANTENNA
24"-48" HEIGHT
1 O'
POLE HEIGHT
25' - 35'
GROUND LINE
■1
C`.1 J RIPS
NEW POLE INSTALLTION LAYOUT
NEXTG NETWORKS
EQUIPMENT CONFIGURATIONS
EXHIBIT "A"
SITE ADDRESS,
TITLE,
NEW UTILITY/STREETLIGHT POLE
DUAL ION SHROUD CABINET
CONTRACT NO,
DRAWYG ND
DATE DRAWN, 06-11-2009
SHEET
4
NextG Networks
SCALE, AS SHOWN
PLOT DATE , 06-06-2003
POLE TOP MOUNT
OMNI DIRECTIONAL ANTENNA
24' - 48' x 3'
TOTAL WT - 33 LBS
CROSS ARM EXTENSION
24" • 48-
ANTENNA
48. MODEL
SUPPORT BRACKET
CROSS ARM EXTENSION
ANTENNA
%24' - 48' x 10.5'
TOTAL WT = 55 LBS
48' MODEL
24' MODEL
SIDE MOUNT DIRECTIONAL OMNI ANTENNA
DUAL BAND OMNI ANTENNA
25' x 20'
TOTAL WT = 55 LBS
TOP MOUNT DUAL SECTOR OMNI ANTENNA
ANTENNA
FIBERGLASS POLE
TOP EXTENSION
ANTENNA
MOUNTING
BRACKET
TYPICAL
WOOD POLE \
48-
48- - 72-
3-PHASE
PRIMARY
POLE TOP EXTENSION
GROUNDING
WIRE
NTING BRACKET
SUPPORT BRACKET
POLE
PANEL ANTENNA
NEXTG C/N -A03-
24'-48"x 8' x 6"
TOTAL WT = 50 LBS
SIDE MOUNTED PANEL ANTENNA
CROSS ARM EXTENSION
SIDE MOUNT ON CROSS ARM
PANEL ANTENNA
24"-48'H x 87,1 x 8-D
TOTAL WT = 50 LBS
vv
NEXTG NETWORKS
EQUIPMENT CONFIGURATIONS
EXHIBIT "A"
SITE ADDRESS.
flTLE ANTENNA CONFIGURATIONS
OMNI AND PANELS
C IC
DRAWING ND
DATE DRAWN, 06-11-2009
SHEET'
5
NextG Networks
SCALE. AS SHIIWN
PLOT DATE 06-06-0003
32.7"
r6.1.-« r_5.6"
FIENT V2EV 1 SIDE VIEV
EQUIPMENT_TYPE_A-1_01
SPECIFICATIONS
32.7"-H
6.1" -W
5.8" - D
60 • Lbs
REMOTE EQUIPMENT
DETAIL (E-1
17
NEXTG EQUIPMENT
ENCLOSURE
DISCONNECT SWITCH
10-.D".5-
METER SOCKET
0, REQUIRED "Y URLRY)
SPECIFICATIONS
48.0" - H
17.0" - W
18.0" - D
125 - Lbs
REMOTE EQU PMENT SPEC E-1
WITH DISCONNECT AND METER (IF REQUIRED BY LOCAL UTILITY)
SPECIFICATIONS
48.0"-H
18.5" - W
20.5"-D
120•Lbs
EQUIPMENT_TYPE_ADO_01
NEXT° EQUIPMENT
ENCLOSURE
ACCESS DOOR
rnr
60"
REMOTE EQUIPMENT SPEC E-2
WITH SHROUD
SPECIFICATIONS
60.0" - H
17.0" - W
12.0"-D
150 Lbs
SPECIFICATIONS
21.0" - H
18.0"-W
12.0" - D
80 - Lbs.
r 2.0"-
MOIR
i
209"
EQUIPMENT TYPE_PW_01
POLE
UNDERGROUND CONDUIT
SPECIFICATIONS
48.0" - H
30.0" - W
24.0" - D
5' 0" -0•1•+-- 30" -•." 48" X 30" X 24"
48"
NEXTG CONFIGURATION - GROUND PEDESTAL
APPLICATION IF POLE MOUNTED EQUIPMENT NO APPROVED
NEXTG NETWORKS
EQUIPMENT CONFIGURATIONS
EXHIBIT "A"
SITE ADDRESS,
TITLE
EQUIPMENT CONFIGURATIONS
CONTRACT IC
DRAVRG ND
DATE DRAWN, 06-11-2009
SCALE, AS SHOVN
SHEET,
6
NextG Networks
PLOT DATE , 06-06-2D03
RESOLUTION NO. 2009 — 217
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF-WAY USE AGREEMENT
WITH NEXTG NETWORKS FOR THE INSTALLATION OF FIVER OPTICS
TELECOMMUNICATIONS EQUIPMENT IN TWO LOCATIONS IN NATIONAL CITY
WHEREAS, NextG Networks requests permission to install, operate and
maintain fiber optic cable equipment in the public right-of-way; and
WHEREAS, NextG Networks requests permission to install, operate and
maintain their fiber optic cable equipment by locating them on either City street light poles or
other third -party owned poles subject to third party agreement; and
WHEREAS, NextG Networks has entered into similar agreements with the cities
of Coronado, Del Mar, El Cajon, and Solana Beach on similar terms and conditions; and
WHEREAS, NextG Networks will pay City five -percent (5%) of gross revenues
annually from services provided within City limits and five -hundred dollars ($500) annually for
each City owned streetlight pole upon which NextG Networks installs, operates and maintains a
fiber optic cable equipment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby approve of and authorize the Mayor to execute the Right -of -Way Use
Agreement between the City and the NextG Networks. Said Agreement is on file in the office of
the City Clerk.
PASSED and ADOPTED this 1st day of September, 2009.
ATTEST:
A
Michael R. Dalla,'City Clerk
APPROVED AS TO FORM:
Br
George H.'Eiser, Ili
City Attorney
Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
September 1, 2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
A 1
�erk of the C of
City
ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-217 of the City of National City, California, passed and
adopted by the Council of said City on September 1, 2009.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 01, 2009
AGENDA ITEM NO.
18
Ron Williams
(Ext. 4373)
EXPLANATION
ITEM TITLE
Resolution of the City Council of the City of National City authorizing the Mayor to execute a Right -of -Way Use
Agreement with NextG Networks for the Installation of Fiber Optics Telecommunications Equipment in two locations
in National City.
PREPARED BY j
DEPARTMENT
MIS
In April 2009, NextG Networks(NextG) requested permission to install, operate and maintain fiber optic cable
equipment and associated equipment in the public right-of-way. NextG has similar agreements with the cities of
Coronado, Del Mar, El Cajon, Solana Beach, and more than two dozen other cities in Southern California. There is
no cost to the city and the agreement provides compensation to the City of five percent(5%) of gross revenues from
services provided within the City limits plus $500 per annum per City -owned and utilized streetlight or pole.
Environmental Review N/A
Financial Statement
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
Attachment 1: Agreement
A-200 (9/99)
/ \
Cip
\InIldm.....nu,11fl�F�
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
September 24, 2009
Mr. Robert Delsman
Government Relations & Regulatory Affairs
NextG Networks
2216 O'Toole Avenue
San Jose, CA 95131
Dear Mr. Delsman,
On September 1st, 2009, Resolution No. 2009-217 was passed and adopted by
the City Council of the City of National City, authorizing execution of an
Agreement with NextG Networks.
We are forwarding a certified copy of the above Resolution and a fully executed
original agreement.
Michael R. Dalla, CMC
City Clerk
cc: MIS Dept.
® Recycled Paper