AGENDA REPORT
Jessica Garcia, Management Analyst
Attachments: 1. Second Amendment of Permit Agreement
RECOMMENDATION
INTRODUCTION
In 2006, the City Council granted a nonexclusive and revocable encroachment permit to AT&T to construct, install, operate, maintain, upgrade, and repair wireless telecommunications antennas on a light standard at the southwest corner of Peck and Olympic. The Permit Agreement had an annual encroachment fee payment of $2,955.10 with annual increases tied to the Consumer Price Index (“CPI”). The agreement included an initial five-year term and three separate and consecutive five-year extension periods.
Meeting Date: January 21, 2026
Staff recommends City Council approve the Second Amendment of Permit to Install Wireless Telecommunications Antennas on Light Standards/Poles and Vaults for Supporting Equipment (“Permit Agreement”) located at the southwest corner of Peck Drive and Olympic Boulevard, at approximately 403 South Peck.
The proposed second amendment to the Permit Agreement with New Cingular Wireless PCS, LLC ("AT&T”) extends the term for up to two five-year periods through as late as September 9, 2037. The amendment also increases the annual encroachment fee and includes a one-time permit renewal fee of $10,549.
DISCUSSION
Subject: APPROVAL OF A SECOND AMENDMENT TO A PERMIT TO
INSTALL WIRELESS TELECOMMUNICATIONS ANTENNAS ON
LIGHT STANDARDS/POLES AND VAULT FOR SUPPORTING
EQUIPMENT BY AND BETWEEN THE CITY OF BEVERLY HILLS AND
NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED
LIABILTY COMPANY (AT&T)
Item Number: D-5
To: Honorable Mayor & City Council
From: Logan Phillippo, Real Property Development Manager
In August 2014, the Permit Agreement was amended to allow for upgrades to the equipment as part of AT&T’s deployment of Long-Term Evolution (“LTE”) and 4G technology to increase their telecommunication capabilities and strengthen their capacity for the upgraded service. AT&T replaced two two-foot antennas with two four-foot antennas, all mounted inside a cylindrical casing on a single light standard/pole. The annual payment was also increased to $5,910 with annual CPI increases thereafter.
The Permit Agreement will expire on September 9, 2027, and AT&T has proposed a renewal. In May 2025, AT&T approached the City requesting a second amendment to extend the term of the Permit Agreement. In response to the request, Staff discussed increasing the permit fee, including a one-time renewal fee, and adding a City termination right. AT&T has not proposed any modifications to the site or its equipment as part of the amendment.
The proposed Second Amendment of the Permit Agreement provides the following key terms:
Additional Automatic Extensions: Provided that AT&T is not in monetary default beyond any applicable cure period, the Permit Agreement shall automatically be extended for up to two additional five-year periods, unless AT&T notifies the City of its intent not to extend at least 60 days prior to the expiration of the thencurrent term, extending the term to as late as September 9, 2037. City Termination Option: Irrespective of AT&T’s extension rights above, the City may terminate the Permit Agreement upon 18 months’ prior written notice to AT&T.
Fee for Second Amendment: AT&T shall pay a one-time amendment fee in the amount of $10,549 due within 60 days of second amendment approval by City Council. This fee is consistent with the current fiscal year’s fee schedule for processing new encroachment permits.
Extension Term Annual Permit Fee: The annual permit fee commencing September 10, 2027, shall be $9,000.
Annual Permit Fee Increase: The annual permit fee shall increase by 3% each year thereafter.
FISCAL IMPACT
Ryan Gohlich,
Assistant City Manager
Approved By
Meeting Date: January 21, 2026
The proposed second amendment to the Permit Agreement will provide a one-time renewal payment of $10,549 to the City. The City would collect an estimated total of $47,782 over the first five-year extension term, and an additional $55,393 over the second five-year extension term. Including the initial one-time payment, the City wouldcollect an estimated total of $113,724 over ten years, if fullly extended.
Attachment 1
-1-
B0785-0001\3180814v1.doc
AMENDMENT NO. 2 TO “ PERMIT TO INSTALL WIRELESS
TELECOMMUNICATIONS ANTENNAS ON LIGHT STANDARDS/POLES AND VAULTS FOR SUPPORTING EQUIPMENT”
This AMENDMENT NO. 2, is dated as of the last of the signature dates below (“Amendment No. 2 Effective Date”), and amends that certain agreement entitled “PERMIT TO
INSTALL WIRELESS TELECOMMUNICATIONS ANTENNAS ON LIGHT
STANDARDS/POLES AND VAULTS FOR SUPPORTING EQUIPMENT” dated as of September 19, 2006 (the “Original Agreement”), between the CITY OF BEVERLY HILLS, a California municipal corporation ("City") and NEW CINGULAR WIRELESS, LLC, a Delaware limited liability company ("AT&T"), as amended by an Amendment No. 1 dated August 5, 2014 (“Amendment No. 1”, and collectively with the Original Agreement, the "Agreement").
RECITALS
A. Pursuant to the Agreement, AT&T operates and maintains antennas on City property described in the Agreement.
B. The Agreement is scheduled to expire on September 9, 2027.
C. City and AT&T wish to further amend the Agreement as provided herein.
AMENDMENT
NOW, THEREFORE and in consideration of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
1. Fee for Amendment No. 2. AT&T shall pay to City the one-time sum of $10,549 within sixty (60) days of the Amendment No. 2 Effective Date.
2. Extensions. Provided AT&T is not in monetary default beyond any applicable notice and cure period as of the end of the then-current term, then commencing on September 10, 2027 (“Extension Term Commencement Date”) the term of the Agreement shall automatically be extended, subject to all of the provisions contained in the Agreement as amended hereby, for up to two (2) additional periods of five (5) years each (each, an “Extension Term”) unless AT&T notifies City in writing of AT&T’s intent not to extend the term of the Agreement at least sixty (60) days prior to the expiration of the then-current term.
3. City Termination Right. Commencing as of the Extension Term Commencement Date, the City may terminate the Agreement as to one or more Permit Areas, from time to time, upon eighteen (18) months’ prior written notice to AT&T, provided, however, that if City exercises the foregoing termination right as to less than all of the Permit Areas, then AT&T shall have the right to terminate the Agreement with written notice to City as to any or all of the remainder of the Permit Areas, which termination by AT&T will be effective concurrently with the effective date of termination of the Permit Area(s) terminated by City pursuant to this Section 3.
Docusign Envelope ID: E67A9953-78FC-4F44-B985-DF869D658281 -2-
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4. Permit Fee for Extension Terms. As of the occurrence of the Extension Term Commencement Date, if at all, Section 9 (Permit Fee) of the Original Agreement and Section 2 of Amendment No. 1 shall be deleted in their entirety and replaced with the following:
“Commencing on the Extension Term Commencement Date, the annual Permit Fee shall be $9,000 per year, which shall be increased annually on each anniversary of the Extension Term Commencement Date by three percent (3%) over the annual Permit Fee paid during the previous year until the end of the final Extension Term.”
5. Notices. Section 33 (Notice) of the Original Agreement and Section 4 of Amendment No. 1 are hereby deleted in their entirety and replaced with the following:
“Notices. All notices, requests, demands, and other communications required or permitted under the Agreement shall be given as follows:
(a) For Notices of Default to AT&T:
(i) To AT&T’s Lease Administration Department by email at [email protected] with the following included in the email subject line: “Fixed Asset No.:
10105689, Cell Site No.: CLL05501, and Cell Site Name: Peck Light Pole (CA)”; and (ii) To AT&T’s Law Department via First Class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, addressed as follows:
New Cingular Wireless PCS, LLC
Attn: Legal Department – Network Operations
Cell Site No.: CLL05501, Cell Site Name: Peck Light Pole (CA) Fixed Asset No.: 10105689
208 S. Akard Street
Dallas, TX 75202-4206
(b) For Notices of Default to City:
(i) To City at [email protected]; and (ii) To City’s Law Department via First Class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, addressed as follows:
City of Beverly Hills
Attn: Real Estate Management
455 N Rexford Drive
Beverly Hills, California 90210
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With a copy to:
City of Beverly Hills
Attn: City Attorney
455 N Rexford Drive
Beverly Hills, California 90210
(c) All other notices will be sent:
(i) To AT&T’s Lease Administration Department by email at [email protected] with the following included in the email subject line: “Fixed Asset No.:
10105689, Cell Site No.: CLL05501, and Cell Site Name: Peck Light Pole (CA)”; and (ii) To City at [email protected].
(d) Notices by email will be effective on the first calendar day after it was sent unless the sender receives an automated message that the email has not been delivered. Electronic mail shall be sent with a read receipt, but a read receipt shall not be required to establish that notice was given and received. All other Notices shall be effective: (i) if delivered by reputable overnight messenger for next business day delivery, then one business day after delivery to the messenger service; or (ii) if delivered by certified mail, then on the date shown on the return receipt as the date of delivery or inability to deliver or refusal of acceptance. (e) Either party hereto may change the place for the giving of notice to it by thirty (30) days' prior written notice to the other party hereto as provided herein.”
6. No Other Changes; Reaffirmation. In the event of any inconsistencies between the Agreement and this Amendment No. 2, the terms of this Amendment No. 2shall control. Except as amended by this Amendment No. 2, all terms of the Agreement are unmodified and shall remain in full force and effect. The Agreement is hereby ratified and affirmed by City and AT&T and remains in full force and effect as modified hereby. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment N. 2.
7. Counterparts. This Amendment No. 2 may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument.
8. DocuSign. The parties may use DocuSign to execute and deliver this Amendment No. 2. [SIGNATURES APPEAR ON FOLLOWING PAGE]
Docusign Envelope ID: E67A9953-78FC-4F44-B985-DF869D658281 -4-
B0785-0001\3180814v1.doc
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the Amendment No. 2 Effective Date.
CITY: CITY OF BEVERLY HILLS, a municipal
corporation
_____________________________________
Sharona R. Nazarian, PsyD, Mayor
ATTEST:
___________________________________
Huma Ahmed, City Clerk
APPROVED AS TO FORM:
____________________________________
Laurence S. Wiener, City Attorney
_____________________________________
Date
APPROVED AS TO CONTENT:
____________________________________
Nancy Hunt-Coffey, City Manager
Docusign Envelope ID: E67A9953-78FC-4F44-B985-DF869D658281 -5-
B0785-0001\3180814v1.doc
AT&T: NEW CINGULAR WIRELESS PCS, LLC
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: _________________________________
Print Name: __________________________
Title: ________________________________
Date: ________________________________
Docusign Envelope ID: E67A9953-78FC-4F44-B985-DF869D658281 January 8, 2026 | 12:15 PST
Misty Snowden
ASSOC DIRECTOR-NETWORK DESIGN ENG
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