Cities Index.
24-409 Crown Castle TLA 1st Amendment

Fresno City Council
April 4, 2024

Document
24-409 Crown Castle TLA 1st Amendment
Meeting
April 4, 2024
Body
Fresno City Council
Original file
534 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

Docusign Envelope lD: D59967D2-3800-4865-9461 -34BAE8DDA2BB CROWN
%# CASTLE
Date: .July zt, zozg
To: City Of Fresno California
Regarding: City Of Fresno California
BUN: B+SZ9q I Z9zgtz / NORTH FRESNO / Order/Application * 6S18ZS Dear Sir or Madam:

Please find enclosed for your review and execution by an authorized signatory of City Of Fresno California, the collocation agreement or amendment for the above-referenced wireless communication facility with respect to the above-referenced Order/Application Number (the "Enclosed Agreement"). Any other documentation (if any) enclosed within the DocuSign Envelope ('Other Documentation") is being provided for convenience and/or administrative purposes only and is not pirt 9f tfe Enclosed Agreement, unless and to the extent that such Other Documentation is specificilly incorporated into the Enclosed Agreement by its terms. If you have any questions regarding the details of the Encloied Ag-reement, please contact Jacqueline Cano at 6oz-845-1794.

Crown Castle now accepts digital signature. Please follow the prompts within the Enclosed Agreement for providing your digital signature and apprgval. Unless otherwise indicated, any Other Documentation (if applicable) will have no ligitut signature functionality within the DocuSign envelope. We will execute documents that require notarizations with digitat signatures or ink signatures as required for notary purposes.

If yoy choose not to execute electronically, you may instead print out two (z) complete copies of the Enclosed Agreement, sign loth in ink and mail them to Crown Castle at the address below. Please include the name, e-mail address,Ielephone number, and physical street address of the individual to whom one (r) complete fully-executed. version of the Enclosed Agreement should be returned. (Note: FedEx and UPS cannot deliver to a Post Office liox.) Crown Castle Address for mailing signed hard copies:

Crown Castle
Attn: Contract Development Document Execution
zooo Corporate Drive
Canonsburg,PAt5gtT
Questions may be directed to [email protected] or by phone at 1-833-Bo9-Bou.

Thankyou,
Contract Specialist
Crown Castle
ThG Foundatlon fpr E Wlrcl+ss \nriorld-
Crownfastts-cnrn
Docusign Envelope lO: D59967D2-38004865-9461-34BAEBDDMB8 Customer Site Name: N/A
Customer Site ID: N/A
Crown SiteName: NORTH FRESNO
Crown Business Unit: 845794
License Number; 782312
Amendment Number: 921045

FIRST AMENDMENT TO TOWER SITE LICENSE AGREEMENT
as of
r$fl1'*4mfdfpent to Tower Site License Agreement ("Amendment") is made and entered into by and between New Cingular Wireless PCS, LLC, a Delaware limited liability company ("AT&T") and City of Fresno, a California municipal corporation ("Customer").

WHEREAS, AT&T (andlor certain of its predecessors-in-interest) and Customer (and/or certain of its predecessors-in-interest) entered into a certain Tower Site License Agreement dated May 11,2022, as may have been previously amended and/or assigned (hereinafter the "TLA"), whereby Customer leases or licenses from AT&T certain space at a telecommunications facility described in the TLA (the "Site"); and
WHEREAS, pursuant to a certain Management Agreement dated as of December 16,2013 (the "Management Agreement") by and among AT&T, CCATT LLC, a Delaware limited liability company ("Manager"), and certain of their affiliates, Manager was (i) appointed as AT&T's exclusive operator with respect to the management, administration and operation of certain "Managed Sites" (as defined in the Management Agreement), including the site to which the "TLA" pertains, (ii) granted a limited power of attomey to review, negotiate and execute customer collocation agreements, such as this amendment, and (iii) was authorized to receive all of the revenue generated by the site, including, without limitation, all revenue due under the .'TLA", as amended hereby; and
WHEREAS, AT&T and Customer desire to amend the TLA pursuant to the terms and subject to the conditions set forth herein.

NOW, THEREF'ORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to be legally bound to this Amendment as follows:

1. Unless clear from the context in which they are used, all capitalized terms used herein shall have the same meanings ascribed to them in the TLA.

2. The parties acknowledge and agree that, effective as of December 16, 2013, with respect to the site to which the TLA pertains; (i) Manager was and is acting solely as the exclusive operator and manager for AT&T and will continue to act solely in such capacity, so long as the site is one of the Managed Sites; and (ii) Customer shall pay to Manager all fees due and owing with respect to Customer's use of the site.

3. Exceptions to Non-Disclosure. Notwithstanding anything to the contrary in the TLA, and without limiting or deleting any exceptions to non-disclosure that may be set forth therein, (a) either pafi may disclose the terms of the TLA, as amended, or any portion thereof, to: (i) such party's affiliated entities, (ii) such party's auditor, accountant, lender or attomey, (iii) such party's employees, directors, consultants, or agents who have a reasonable need to know such information and who shall agree in writing to be bound by the terms and conditions of this non-disclosure provision, or (iv) a government entity or agency to the extent required by regulation, subpoena or government order to reveal, disclose or publish such information; and (b) AT&T may disclose the TLA, as amended, or the relevant portions thereof, to (i) the owner of the real property on which the Site is located (or to AT&T's lessor, sublessor or licensor), if AT&T does not own the Site in fee, or (ii) any of AT&T's creditors.

TT: E 853551SR
Prepared by: R. Benson
Prepared on: 711812023
Revised on:

SLA TLA Universal Amendment
LRF Rev. #: I
App Rev. #: 0
MLA #: 1569267
DocuSign Envelope lD: D59967D2-38004865-9461-34BAE8DDA2BB Customer Site Name: N/A
Customer Site ID: N/A
TT: E 853551SR
Prepared by: R. Benson
Prepared on: 7/18/2023
Revised on:

SLA TLA Universal Amendment

4. Notwithstanding the date of the Amendment, and effective as of the date of full execution of the TLA, the defined terms "Basic Payment Commencement Date" in the TLA shall be deemed to have been deleted in its entirety and replace and superseded by and with the following:
"Basic Payment Commencement Date" means August 1,2023."

5. Except as expressly set forth in this Amendment, the TLA is otherwise unmodified, shall remain in fulI force and effect and is incorporated and restated herein as if fully set forth at length. [n the event of any inconsistencies between the TLA and this Amendment, the terms of this Amendment shall control.

Each reference in the TLA to itself shall be deemed to also refer to this Amendment. [Remainder of Page Intentionally Left Blank]
Crown SiteName: NORTH FRESNO
Crown Business Unit: 845794
License Number: 782312
Amendment Number: 921045
LRFRev. #: I
App Rev. #: 0
MLA #: 1569267
2 DocuSign Envelope lD: D59967D2-38004865-9461-34BAE8DDA2BB Customer Site Name: N/A
Customer Site ID: N/A
above.

Crown Site Name: NORTH FRESNO
Crown Business Unit: 845794
License Number: 782372
Amendment Number: 921045
IN WITNESS WHEREOF, the pafiies have set forth their hand and seal as of the date indicated AT&T:

New CingularWireless PCS, LLC,
a Delaware limited liability company
By: CCATT LLC,
a Delaware limited liability company
Its:
lU"tlt;,l.Fl&u
By:
rasheik Mccee
Print Name:

Title: supervisor of contract Development
Execution Date: tuly 3L, 2023
CUSTOMER:

City of Fresno,
a
a.rb otf,-*By:

Kim Jackson
Print Name:

Title rsD Admi ni strative Manager
ruly 31, 2023
Execution Date:

TT: E 853551SR
Preparedby: R. Benson
Prepared on 711812023
Revised on:

SLA TLA Universal Amendment
LRF Rev. #: I
App Rev. #: 0
MLA #: 1569267
J
DocuSign
Certificate Of Gompletion
Envelope ld: D59967D2380048659461348AE8DDA288
Subject: BU-845794_PLIC-782312_ORD-653875_NORTH FRESNO_City Of Fresno California District: SFO
Applicationld: 653875
BusinessUnit: 845794
Area: WTA
License: 782312
Source Envelope:

Document Pages:4 Signatures:2
Certificate Pages: 5 lnitials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
Record Tracking
Status: Original
712112023 3'.42'.49 PM
Signer Events
Martha Cole
[email protected]
Security Level:
.Email
I D: 0648c9f/4999-49d6-a588-253 1 b899d 1 d7
712412023 10:42:23 AM
Electronic Record and Signature Disclosure:

Accepted: 712412023 10:42:35 AM
I D: cbbefeb2-2f4f4a 1 f-b6d5-27 ce887 9e802
Kim Jackson
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 712712023 2'.27:36 PM
I D: 8e58432c-8 19541e7 -9c7 e-0a21 2e3a217 5
Kim Jackson
[email protected]
ISD Administrative Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 713112023'1 :07:36 PM
lD: 8e270See-1 71 e4bf8-af6f-b7e2db7e8b88
Kasheik McGee
Kasheik. [email protected]
Supervisor of Contract Development
Contract Development
Signing Group: Crown Supervisor, Contract
Development (Verticals)
Security Level: Email, Account Authentication
(None)
Holder: Robert Benson at Crown Castle
[email protected]
Signature
Completed
Using lP Address: 50.230.174.172
Completed
Using lP Address: 198.2O0.238.254
Status: Completed
Envelope Originator:

Robert Benson at Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317
robert. [email protected]
lP Address: 4.78j6.2
Locationr DocuSign
Timestamp
Senl: 7 12412023 9:02:50 AM
Viewed: 712412023 10:42:35 AM
Signed: 712412023 10:42:56 AM
Senl: 7 12512023 4:03:51 PM
Viewed : 7 127 12023 2'27 :36 PM
Signed: 713112023 12'.20'.10 PM
Sent: 7 13112023 12'.20:12 PM
Viewed: 713112023 1:07:36 PM
Signed: 713112023 1:07:53 PM
Sent: 7 131 12023 1 :08:31 PM
Viewed: 713112023 1:11:32 PM
Signed: 713112023 1'.12:.40 PM
Signature Adoption: Pre-selected Style
Using lP Address: 198.200.238.254
w:k
W:*:

Signature Adoption: Pre-selected Style
Using lP Address: 50.'175.135.228
Signer Events
Electronic Record and Signature Disclosurc:

Not Offered via DocuSign
ln Person Signer Events
Editor Delivery Events
Agent Delivery Events
Kim Jackson
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 712412023 4:09:24 PM
I D: 730b70b8-fef84b64-8c004343dc9ccae2
lntermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Jacqueline Cano
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Vertical Licensing
Vertical [email protected]
Secu rity Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure
Not Offered via DocuSign
Read Only Customer Agreement
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Signature
Signature
Status
Status
UIEWED
Using lP Address: 198.200.238.254
StatuE
Status
Status
COPIED
COPIED
COPIED
Signature
Signature
Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Timestamp
Timestamp
Timestamp
Timestamp
Sent'. 7 12412023 1 0:45:07 AM
Viewed: 712412023 4:09:24 PM
Completed: 712512023 4:03:51 PM
Timestamp
Timestamp
Timestamp
Senl'. 7 12412023 1 0:45:03 AM
Senl: 7 12412023 1 0:45:05 AM
Senl: 7 12412023 1 0:45:06 AM
Timestamp
Timestamp
Timestamps
712112023 3'.44:46 PM
712112023 3:45:09 PM
712112023 3:45:13 PM
712412023 9:02:42 AM
712412023 9:02:46 AM
712412023 9:02:51 AM
712412023 10:45:09 AM
712512023 4:03:5'l PM
712512023 4:03:51 PM
712512023 4:03:51 PM
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7125402$4:0$;51 PM
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7A1n0S:t:12:40 PM
Electronic Record and Signature Disclosure created on: 9/19/2018 4:13:00 PM Parties agreed to: Martha Cole, Kim Jackson, Kim Jackson, Kim Jackson

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
ln order to provide more efficient and faster service, Crown Castle ("we", "us" or "company") is pleased to announce the use of DocuSign, lnc. ("DocuSign") electronic signing system. The terms for providing such documents for execution and various other documents and records to you electronically through DocuSign are set forth below.

Please read the information below carefully and if you can satisfactorily access this information electronically and agree to these terms, please confirm your agreement by clicking the "l agree" button at the bottom of this document.

Getting paper copies
At any time, you may request from us a paper copy of any document for execution or other document or record provided or made available electronically to you by us. You will be able to download and print documents we send to you through the DocuSign system during and immediately after each signing session and, if you elect to create a bocuSign signer account, you may access them for a limited period of time thereafter. To request paper copies of documents previously provided by us to you electronically, send an e-mail to [email protected], requesting the subject paper copies and stating your e-mail address, name, US Postal address and telephone number.

Withdrawing your consent to receive and/or execute documents electronically lf you elect to receive documents for execution and various other documents and records from us electronically, you may at any time change your mind and tell us that thereafter you want to receive such documents only in paper format. To withdraw your consent to electronic delivery and execution of documents, use the DocuSign 'Withdraw Consent' form on the signing page of a DocuSign envelope, instead of signing it. Thereafter, you will no longer be able to use the DocuSign system to electronically receive and execute documents or other records from us. You may also send an e-mail to [email protected] stating that you are withdrawing your consent to electronic delivery and execution of documents through the DocuSign system and stating your e-mail address, name, US Postal Address, and telephone number.

Consequences of withdrawing consent to receive and/or execute documents electronically lf you elect to receive documents for execution and various other documents and other records only in paper format, it will slow the speed at which we can complete the subject transactions because of the increased delivery time.

Documents for execution, and other documents and records may be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we may provide documents for execution, and other documents and records electronically to you through the DocuSign system during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any document for execution or other document or record, we prefer to provide all documents for execution, and other documents and records by the same method and to the same address that you have given us. lf you do not agree with this process, please let us know as described below.

How to contact Crown Gastle
You may contact us to let us know of any changes related to contacting you electronically, to request paper copies of documents for execution and other documents and records from us, and to withdraw your prior consent to receive documents for execution and other documents and records electronically as follows:

To contact us by phone call 724-416-2000
To contact us by email, send messages to: [email protected] To contact us by paper mail, send correspondence to
Crown Castle
2000 Corporate Drive
Canonsburg, PA 15317
To advise Grown Castle and DocuSign of your new e'mail address To let us know of a change to the e-mail address where we should send documents for execution and other documents and records to you, you must send an email message to [email protected] and state your previous e-mail address and your new e-mail address.
ln addition, you must notify DocuSign, lnc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system' uired hardware and software
lnternet Explorer@ 11 (Windows only); Windows Edge Current Version; Mozilla Firefox Current Version; SafarirM (Mac OS only) 6.2 or above; Google Chrome Current Version; Note : Pre- release (e.g., beta) versions of operating systems and browsers are not supported.

Browsers:

Apple iOS 7.0 or above; Android 4.0 or aboveMobile Signing PDF Reader: Acrobat@ Reader or similar software may be required to view and print PDF files 1024 x768Screen
Resolution
Enabled
Security
Settings 1o,,"*
per session cookies
These minimum requirements are subject to change. lf these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.9. beta) versions of operating systems and browsers are not supported.

Acknowledging your access and consent to receive documents electronically Please confirm that you were able to access this disclosure electronically (which is similar to the manner in which we will deliver documents for execution and other documents and records) and that you were able to print this disclosure on paper or electronically save it for your future reference and access or that you were able to e-mail this disclosure to an address where you will be able to print it on paper or save it for your future reference and access. Further, if you consent to receiving documents for execution and other documents and records in electronic format on the terms described above, please let us know by clicking the "l agree" button below.

By checking the'l agree' box, I confirm that:
o You can access and read this Electronic Record and Signature Disclosure; and o As a recipient, you can read, electronically sign and act upon this message, and you agree not to forward it or any other DocuSign e-mail communications. ln the event another party needs to be added to the DocuSign communication, you must make a request to the e-mail originator.

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