Los Angeles Cellular Telephone Company License Agreement SITE #RO60 (1997) f -
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LICENSE AGREEMENT
SITE #R060
This Agreement is made and entered into this 2nd day of December ,1997,by
and between the City of Rancho Palos Verdes (hereinafter "City") and Los Angeles Cellular
Telephone Company, (hereinafter referred to as "Company").
RECITALS
WHEREAS, City is the owner of certain real property in the City of Rancho Palos
Verdes commonly referred to as Robert E. Ryan Community Park(herein referred to as"Property").
WHEREAS, Company desires to install and maintain underground
telecommunication facilities, on a portion of Property in order to upgrade the Company's Cellular
Telephone System, (herein referred to as "Project").
WHEREAS, City desires to cooperate with Company and allow the Company to
perform certain work on City's Property, as described below;
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. In consideration of the mutual benefits to be arrived to both the City and Company
and to facilitate construction of the Project and maintenance of the Project after construction has
been completed, City hereby grants to Company:
(a) The right to enter upon Property;
(b) The right to perform minor grading and trench construction, in the area as
shown on the attached exhibit which is made a part hereof by this reference, so as to complete
construction.
(c) The right to re-enter Property to maintain, repair or replace Project.
2. This Agreement will start on December 1, 1997 and end on November 30, 2002 (the
"Initial Term"), except if this Agreement is terminated earlier for the reasons provided in this
Agreement or if the term is extended as provided herein.
3. The Initial Term will automatically be extended 3 consecutive times for 5 years each
time, unless Company or City notifies the other party of it's desire to terminate this Agreement, at
least 12 months before the end of the Initial Term (or, if this Agreement has been extended, the
expiration of the extension then in effect).
4. During the term of this Agreement, Company will pay City a license fee of$200.00
per month. Effective on the day after the expiration of the first full 12-month period of this
Agreement and on the day after the expiration of each subsequent 12-month period, the license
fee will be increased by five percent (5%) throughout the term of this Agreement.
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5. Company shall provide City a minimum of forty-eight (48) hours advance written
notice of the date and time when construction work is to be performed on City's Property. In
compliance with the Rancho Palos Verdes Municipal Code, all construction work performed
pursuant to this Agreement shall occur between the hours of 7:00 a.m. and 7:00 p.m., Monday
through Saturday, holidays excepted. City shall have the right to require the work to be
rescheduled at City's sole discretion.
6. Should City or City's successor in interest to Property seek to terminate this
Agreement after Company has completed the installation of the Project, City or City's successor
shall provide Company written notice at least one year prior to the date when the termination is to
become effective.
7. This Agreement contains the entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed. Any subsequent modification to this
Agreement shall be in writing and executed by both of the parties hereto.
8. In the event of any controversy or dispute regarding this Agreement or breach
thereof, the prevailing party shall be entitled to recover from the losing party reasonable attorney's
fees and court costs.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the year and date first written above.
Dated: Los Angel-- Cellula elephone Company,
a Califor general p ners► p •
B Z(//
Laren
Whiddon
Chief Financial Officer
Dated: /9Q7 THE CITY OF
RANCHO PALOS VERDES
By: 4eitiftkoty ,t_e
Mayor
ATTEST:
4.1)
City lerk
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