HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2019 - RESOLUTION 2019-017, AUTHORIZING THE CITY MANAGERAgenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY February 5, 2019
City Council
STAFF
Tyler Marr, Policy and Project Analyst
Clay Frickey, City Planner
Kraig Bader, Standards Engineering Manager
Chad Crager, Director of Infrastructure Services
Cyril Vidergar, Legal
SUBJECT
Resolution 2019-017, Authorizing the City Manager to Sign a Master License Agreement with Verizon Wireless
for Small Wireless Communication Equipment Attachments on City Facilities in Public Rights-of-Way.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the City Manager to enter into a Master License Agreement with
Verizon Wireless concerning the use of the City's infrastructure and rights-of-way for small cellular equipment
and associated uses.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
State and federal law and regulations concerning deployment of small wireless facilities (SWF), also known as
small cell equipment, has changed rapidly since 2016, including regulatory orders issued by the Federal
Communication Commission (FCC) in September 2018, which became effective on January 14, 2019. In
response to Colorado laws passed in 2017, granting small cell carriers state wide access to public rights-of-
way, the City Council adopted revisions to the City Code and Land Use Code specific to small wireless
communication equipment. Those provisions create a specific type of right-of-way encroachment permit and
outline the City’s basic regulations for small cell installations and associated requirements.
One requirement in the City Code for small cell carriers is that they enter into a master license agreement with
the City, as the owner of the vast majority of infrastructure within public rights-of-way, at the time of submitting
applications for new attachments or installations. Verizon Wireless, LLC (Verizon) approached the City in 2017
seeking a master license agreement to create a network of SWFs within the City.
Verizon and the City of Fort Collins began negotiating a Master License Agreement (MLA) in the summer of
2017. Through multiple iterations and changes in federal regulations, in late 2018, agreement was reached
between the parties. Staff from the City Manager’s Office, Engineering, Planning, and Utility Services
departments negotiated with Verizon pursuant to principles expressed by Council in deliberations about the
City Code amendments specific to SWFs. The proposed MLA grants Verizon access for twenty years to
municipal facilities in public rights-of-way, including light poles, under certain conditions and establishes criteria
for replacement of municipal facilities to support Verizon’s network.
Agenda Item 15
Item # 15 Page 2
Some key considerations within the MLA, based on Council and community concerns, are as follows:
Height
• Per the FCC order that went into effect January 2019, installations must be considered SWFs if their height
is no more than 50 feet or 10% taller than adjacent structures, whichever is greater. This was a concern of
staff and through discussions with Verizon, the following criteria were set forth:
o Siting preference is given to arterial streets first, followed by collector streets, and finally on residential
streets to minimize impacts to neighborhoods.
o Additional order of preference which must be adhered to requires Verizon to attach to existing poles
before seeking their own stand-alone pole.
o Verizon has indicated that 45 total feet in height would meet their needs to collocate 4G and 5G
installations on the same poles, further reducing the need for additional poles within neighborhoods.
Therefore, with the exception of certain circumstances, 45 feet is the maximum height set forth under
the MLA for any pole replacement or new pole.
Notice to nearby Properties
• During adoption of the City Code provisions, Council made clear that they wanted some level of notice to
be provided to nearby properties when small cells were being installed.
• In the MLA, Verizon is required to notify properties within a 175 (one hundred seventy-five) foot radius that
installation of a SWF is occurring. It should be noted that residents will not have recourse to dispute or
appeal the installation per restrictions under state and federal law but Verizon or their contractor is required
to include a contact number and a description of the work to be performed.
• Notice will not occur for things other than “construction work,” such as routine maintenance or for
upgrading of existing equipment such as antennae.
Aesthetics
• In order to help mitigate negative effects of unsightly equipment or poles, the following design standards
are among those included in the MLA:
o Camouflaging and architectural compatibility standards
o Requirement to minimize height and internalize as many components as possible
o Consideration to proximity of residential properties and more specifically to 1st and 2nd story windows
In addition to these regulatory considerations, staff believes that proposed small cell technology will enable
staff utilizing Verizon based equipment (Police Services and Parking Services, for instance) to more effectively
make use of their technology. Staff groups working across the City have noted to this project team that they
are frequently unable to make proper use of their equipment. While SWFs will not solve all of these
connectivity problems, staff feels that they are important piece to enhancing the current 4G network and to
building out a 5G network in the years to come.
CITY FINANCIAL IMPACTS
State and federal law cap amounts municipalities can charge annually for SWF in addition to application fees.
Staff is uncertain what the impact to staff time and resources will be, but it is not expected to be insignificant.
The MLA sets an annual fee of $200 (two hundred dollars) for the use of each municipal facility. Staff is
currently developing administrative fees for applications and permits for the installation of SWFs.
Staff does not currently believe additional resources will be needed in the short term for the processing and
management of SWF permitting.
Agenda Item 15
Item # 15 Page 3
BOARD / COMMISSION RECOMMENDATION
Staff presented to the Energy Board regarding the adopted City Code changes and to the Planning and Zoning
Board regarding the adopted Land Use Code changes in 2017. At the time, both boards were made aware that
these City Code changes would inform the development and negotiation of an MLA.
Both boards recommended approval of the respective changes and no major issues were highlighted.
PUBLIC OUTREACH
Staff held an open house September 2017 to discuss the issue of cell coverage and small-cell facilities with
residents. Fewer than ten residents were in attendance, and most had concerns about coverage in their
respective areas of residence within the City. In general, residents seemed excited for the prospect to improve
cellular service in the Fort Collins area through the use of small cell equipment.
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RESOLUTION 2019-017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO SIGN A MASTER LICENSE AGREEMENT
WITH VERIZON WIRELESS FOR SMALL WIRELESS COMMUNICATION EQUIPMENT
ATTACHMENTS ON CITY FACILITIES IN PUBLIC RIGHTS-OF-WAY
WHEREAS, the City operates through the Electric Utility enterprise light poles located in
public rights-of-way throughout the City; and
WHEREAS, federal and state telecommunication laws require the City to permit the
attachment of small wireless telecommunication (i.e., cellular) devices on municipally owned
infrastructure in public rights-of-way (“municipal facilities”); and
WHEREAS, Chapter 23 of the City Code and Article 3 of the City Land Use Code
establish requirements for permitting, siting and installing, and design of small wireless
telecommunication facilities and equipment within the City’s municipal boundaries; and
WHEREAS, pursuant to §23-177(d) of the City Code, carriers applying for permits to
attach small wireless devices to municipal facilities must enter into a license agreement with the
City to address general conditions and site-specific aspects of each attachment; and
WHEREAS, in 2017 Verizon Wireless LLC (“Verizon”) approached the City to secure
rights to attach to municipal facilities; and
WHEREAS, City Engineering, Planning, and Electric Utility staff, and Verizon have
negotiated license terms applicable to the Verizon attachments, and reduced those terms to a
master license agreement, as attached hereto as Exhibit “A” (the “MLA”); and
WHEREAS, the purpose of the MLA is to allow Verizon to attach to municipal facilities
in compliance with City Code and Land Use Code and certain design parameters, and to
establish criteria for Verizon to replace municipal facilities or install new structures in order to
operate a small wireless communication network; and
WHEREAS, Sections 23-113(b)(1) and 23-140 of the City Code authorize the City
Manager to lease or license any and all interests in property owned in the name of the City and to
establish such rules and regulations governing the use of facilities owned or operated by the City,
if the City Council first finds that the lease or license is in the best interests of the City; and
WHEREAS, the MLA is a City Code requirement for access to public rights-of-way in
the City and allows the City to comply with federal and state telecommunication laws, while
maintaining reasonable control over use of municipal facilities; and
WHEREAS, the license of access to attach to City light poles pursuant to the MLA will
provide specific benefits to residents of the City and Electric Utility ratepayers by generating
revenues to offset maintenance, operation, and replacement of such utility-operated facilities;
and
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WHEREAS, the Engineering, Planning, and Utility Services Departments support the
conditions established in the MLA, which will allow the City and Verizon to improve local
availability of wireless communication services in furtherance of City goals.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the license of access to attach to
municipal facilities in public rights-of-way as provided herein is in the best interests of City
residents and Electric Utility ratepayers.
Section 3. That the City Manager is hereby authorized to execute a master license
agreement in substantially the form attached hereto as Exhibit “A”, to license access by Verizon
Wireless, LLC to municipal facilities, including light poles, in public rights-of-way on terms and
conditions consistent with this Resolution, together with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines are necessary or
appropriate to protect the interests of the City, as long as such changes do not materially increase
the size or change the character of the property to be licensed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of February, A.D. 2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO AND
VERIZON WIRELESS FOR THE USE OF LICENSOR PROPERTY IN CONNECTION
WITH THE OPERATION OF A WIRELESS NETWORK
This Agreement is made and entered into by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation (“Licensor”) and Verizon Wireless (VAW) LLC, d/b/a
Verizon Wireless (“Licensee”). Licensor and Licensee may be referred to herein individually as
a “Party” or collectively as the “Parties.”
RECITALS
This Agreement is made with reference to the following Recitals, each of which is deemed to be a
material term and provision of this Agreement:
A. Licensor is the owner of certain municipal facilities located in public highways
situated within Licensor’s city limits.
B. Licensee is duly organized and existing under the laws of the State of Colorado,
and its lawful successors, assigns, and transferees, are authorized to conduct business in the State
of Colorado.
C. Licensee currently owns and/or controls, maintains and operates a wireless
communication network serving residents in the City of Fort Collins, using towners, monopoles,
and other macro-cell technology (collectively the “Network”).
D. For purposes of improving services within the Network, Licensee desires to
construct, operate and maintain small cell communication sites from Licensor-owned light and/or
utility poles and Licensor’s proprietary poles situated in the Public Highway and, for such purpose,
desires to locate, place, attach, install, operate, control, and maintain antennas and other related
wireless communication equipment consistent with Small Cell technology (“Equipment”) on
Licensor-owned poles in the Public Highway.
E. Licensee will agree to comply with Licensor’s Public Highway use requirements
as provided herein and applicable Laws.
F. Licensee is willing to compensate Licensor in exchange for a grant and right to use
and physically occupy portions of the poles and/or the Public Highway, including, but not limited
to installing Licensee’s proprietary poles in the Public Highway, as provided herein.
EXHIBIT A
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AGREEMENT
1. Definitions and Exhibits.
1.1. Definitions. For the purposes of this Agreement and all Exhibits attached hereto,
the following terms, phrases, words and derivations shall have the meaning given herein.
(a) Agreement means this Agreement for the Use of Licensor Property in Connection
with the Operation of a Wireless Network.
(b) Attachment Fee or License Fee means that rental/pole occupation fee described in
Section 4.1 of this Agreement.
(c) City means the City of Fort Collins, also referred to herein as “Licensor.”
(d) Code means Licensor’s Charter, City Code, and Land Use Code.
(e) Equipment means Small Cell antennas and other wireless communications
equipment utilizing small cell technology that is specifically identified and described in
Exhibit A-1 attached to each Supplement Site License (as defined below).
(f) Hazardous Substance means any substance, chemical or waste that is identified as
hazardous or toxic in any applicable federal, state or local law or regulation, including but
not limited to petroleum products and asbestos.
(g) Interference means physical interference and radio frequency interference.
(h) Laws means any applicable federal, state and local laws, statutes, constitutions, City
Charter, ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals
or other applicable requirements of the Licensor or other governmental entity, agency or
judicial authority having the force and effect of law that determines the legal standing of a
matter relating to the parties and/or this Agreement.
(i) Macro-cell means and includes technology associated with operating structures and
equipment built for the sole or primary purpose of supporting antennas licensed or
authorized by the Federal Communications Commission to provide high powered wireless
communication service coverage and the antennas' associated facilities, including private,
broadcast, and public safety services; unlicensed wireless services; and fixed wireless
services such as backhaul.
(j) Master License means the form of the license granted by this Agreement, described
in Section 2 below, and as supplemented by a Supplemental Site License or Public
Highway Access Grant as defined herein. Each Wireless Site will be subject to either a
Supplemental Site License or a Public Highway Access Grant.
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(k) Municipal Facilities means those Licensor-owned poles and structures located in
the Public Highway, including without limitation, streetlight poles and vertical portions of
traffic signal poles that are designated or approved by Licensor as being suitable for hosting
Equipment.
(l) Network or collectively Networks means one or more of the wireless and fiber-
based communications facilities operated by the Company to serve its wireless carrier
customers in the City of Fort Collins, Colorado.
(m) Permit means a permit issued and described in accordance with the Laws, which is
used to regulate, monitor and control improvement, construction or excavation activities,
or other work or activity, occurring upon or otherwise affecting the Licensor’s Public
Highway.
(n) Physical interference means where equipment, vegetation or a structure causes
reduced use of another’s prior mounted equipment, or an obstruction in a necessary line-
of-sight path.
(o) Public Highway means the surface of and the space above and below the public
roads, streets and alley right-of-way, and public utility easements or other public ways of
any type whatsoever, now or hereafter located and existing within the city limits of Fort
Collins, Colorado, and as otherwise defined at § 38-5.5-102, C.R.S.
(p) Public Highway Access Grant means the form of the license granted under the
scope of this Agreement for access to the Public Highway in order to attach to the poles
and/or structures of a third party(s), and as described in detail on Exhibit A-A.
(q) Public Property means any real property owned by the City other than Public
Highways.
(r) Radio frequency interference means the radiation or conduction of radio frequency
energy (or electronic noise) produced by electrical and electronic devices at levels that
interfere with signals from or the operation of adjacent communication equipment.
(s) Small Cell means compact communication sites as defined more fully in § 29-27-
402 (4), C.R.S.
(t) Supplement Site License means the form of the license granted under the scope of
this Agreement for access to the Public Highway in order to attach to Municipal Facilities,
or to place new freestanding Licensee-owned proprietary poles in the Public Highway, and
as described in detail on Exhibit A-B.
(u) Term means the period that this Agreement is in effect as described in Section 3.1
of this Agreement.
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(v) Wireless Site means a location on a Public Highway selected for the Licensee’s
deployment of Equipment.
1.2. Exhibits. The following numbered documents, which are occasionally referred to
in this Agreement, are formally incorporated and made part of this Agreement by this reference:
(a) Exhibit A-A: Supplement Site License
(b) Exhibit A-B: Public Highway Access Grant
(c) Exhibit A-1: Licensed Area and Description of Facilities
(d) Exhibit B: Licensee’s Minimum Insurance Requirements
(e) Exhibit C: Technical Requirements
(f) Exhibit D: Operational and Design Standards
(g) Exhibit E: Attachments to City Traffic Signal Facilities
In the event of any conflict or ambiguity between this Agreement, including the above-referenced
exhibits (the “Exhibits”), and any other agreement between Licensor and Licensee, this
Agreement, together with the Exhibits, shall govern and prevail. In the event of any conflict or
ambiguity between this Agreement, including the Exhibits, and any Supplement Site License or
Public Highway Access Grant, the Supplement Site License or Public Highway Access Grant shall
govern and prevail.
2. Site License Granted and Terms; Supplemental Site Licenses and Public Highway
Access Grants.
2.1. License. Licensor, acting in its proprietary capacity as the owner of Municipal
Facilities in the Public Highway, hereby grants to Licensee a nonexclusive license (the “Master
License”) to use and occupy the Public Highway throughout Licensor’s territorial boundaries, as
these boundaries may be adjusted from time to time due to annexations, to attach, install, operate,
maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment that may be
required to operate at each approved Wireless Site. This grant is subject to the terms, conditions
and other provisions set forth in this Agreement, including without limitation Exhibits C and D;
the Code and operating procedures of Fort Collins Utilities, Traffic Engineering, Information
Technology, Parks & Recreation, and Natural Areas; and all applicable Laws and reasonable
regulations of any agency having competent jurisdiction, including limitations on the kind, size,
height and width of structures in the Public Highway, delivery of notice to adjacent property
owners pursuant to Section 7.8, and the manner of attachments to traffic infrastructure. Nothing
under this Agreement shall be interpreted to create or vest in the Licensee an easement or other property
interest to any Public Property or Public Highway or constitute an assignment of any rights to Public
Property or Public Highway. The Licensee shall, at all times, be and remain a licensed user only.
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2.2. Use of Licensor Property.
(a) The Supplement Site License allows Licensee to access, occupy and use allocated
available space on each identified Municipal Facilities in Exhibit A-1 to each Supplement Site
License, and to access, occupy and use the Public Highway to attach, install, operate,
maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment, solely
for the purpose of Licensee operating a Small Cell Facility. The Supplement Site License
also provides the conditions under which Equipment may be attached and installed at a
specific location, and under which Licensee may install proprietary poles. Notwithstanding
anything to the contrary herein, Equipment deployments under this Agreement shall be in
compliance with the requirements of Exhibits C-E of the Master License.
(b) Subject to the following limitations, Licensee shall have access to the Municipal
Facilities upon which Equipment is installed 24 hours a day/7 days a week to ensure such
facilities comply with the following codes and standards:
• Fort Collins Utilities, Electric Service Standards
• Fort Collins Sign Code
• National Electric Safety Code
• National Electric Code
• At least seventy-two (72) hours prior written notice to Fort Collins Utilities for any
non-emergency unplanned work involving de/energizing a Municipal Facility,
when an electric service disconnect device is not incorporated into the connection.
In the event of an emergency, Licensee shall notify and coordinate with Fort
Collins Utilities System Control and Operation office (970-221-6710) before
performing work on any Equipment attached to a Municipal Facility.
• Licensor has the right to de-energize service to Equipment and/or deny access for
public utility system maintenance outages and in the event of emergencies,
including but not limited to police, fire or medical response situations, natural
disasters or weather emergencies, and when Licensor’s work in the Public
Highway otherwise obstructs access to the Equipment.
2.3. Limitations on Use. Except as otherwise expressly provided herein or as
determined in Licensor’s reasonable discretion based on specific aspects of a proposed site, a
Supplement Site License does not authorize Licensee to:
(a) Occupy or use any poles, improvements or structures of any kind, whether within or
without the Public Highway, other than the Licensee’s proprietary poles at approved locations,
and the Municipal Facilities identified in Exhibit A-1 to a Supplement Site License;
(b) Subject to Section 2.6 below, enter upon Public Property and attach, install, operate,
maintain, upgrade, remove, reattach, reinstall, relocate, and/or replace any item of Equipment
in or on poles or other structures not owned by either Party located in the Public Highway; nor
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(c) Place any free-standing structure, not including a replacement pole as described in
Section 6,
• along the frontage of a locally-designated historic building or other structure
subject to Section 106 of the National Historic Preservation Act (NHPA); 16
U.S.C. 470f;
• other than in alignment with existing trees, utility poles, and streetlights;
• less than 10 feet from the triangle extension of an alley way flare (to preserve
access); or
• within 100 feet of the apron or access curb cut of a fire station or other adjacent
emergency service facility.
2.4 Priority. Licensee’s Equipment may be attached to structures as identified in Sections
2.2 and 2.6 in Public Highways with the following order of priority of attachment, except as set forth
below or as agreed between the Parties and with a preference for location on arterial streets before
collector streets, and collector streets before neighborhood streets:
(i) Existing light poles lawfully owned and operated by Licensor, a public utility
company, or a third-party property owner; then,
(ii) Existing facilities lawfully owned and operated by a public utility company or
third-party property owner; and then
(iii) Municipal Facilities other than street lighting poles, including traffic poles; and
then
(iv) Poles owned and installed by Licensee at its own expense at locations in the
Public Highway (and if ever abandoned by Licensee, Licensee shall assign such
Poles to Licensor).
Locations may be requested based upon Licensee’s technical and radio frequency needs and
construction costs, but in any situation where Licensee has a choice of Equipment locations, Licensee
shall use good faith efforts to attach to poles in the order indicated above provided, in Licensee’s sole
discretion, that (a) such poles are at least equally suitable functionally for the operation of Licensee’s
network and (b) the construction and installation burden associated with such attachment over the
length of the Term are similar to Licensee’s burden to attach to a pole in the category(ies) below it.
Nothing herein is intended to limit any rights Licensee may have in accordance with Laws or the
Code to install its own proprietary poles in the Public Highway if adequate Municipal Facilities or
third-party facilities do not exist for the attachment of Equipment, so long as such poles comply
with Exhibits C-E and all local standards adopted under Licensor’s police powers.
2.5 Alterations. Notwithstanding anything in the Agreement to the contrary, alterations
shall be subject to permitting required under Laws, but shall not be subject to additional Licensor
approval, to the extent that: (i) such alterations to the attachment involve only substitution of
internal components, and do not result in any change to the external appearance, dimensions, or
weight of the attachment, or loading impacts on the pole as approved by Licensor or impact multi-
modal traffic flow; or (ii) such alterations involve replacement of the attachment with an
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attachment that is the same, or smaller in weight and dimensions as the approved attachment and
does not impact multi-modal traffic flow. In addition to any other submittal requirements, and if
requested by Licensor, Licensee shall provide “load” (structural) calculations for all Municipal
Facilities upon which it intends to alter Equipment in the Public Highway. Notwithstanding the
foregoing, Licensee may alter its Equipment with like-kind or similar Equipment without prior
written approval of the Licensor.
2.6 Additional Installations. The Public Highway Access Grant allows Licensee access
to the Public Highway to install its Equipment on existing poles or structures in the Public Highway
lawfully owned and operated by third parties. Subject to obtaining the written permission of the
owner(s) of the affected pole or structure and any required Permits (and paying any standard fees),
Licensor hereby authorizes and permits Licensee to enter upon the Public Highway and to attach,
install, operate, maintain, remove, reattach, reinstall, relocate, and replace Equipment in or on
existing third-party owned poles or other structures in the Public Highway. There will be no
Attachment Fee or License Fee due to Licensor for a Public Highway Access Grant.
Notwithstanding anything to the contrary contained herein, all attachments to third-party-owned
poles must comply with Exhibits C and D and applicable Laws, and Licensee must provide public
notice of the installation as required by Section 7.8. Licensee shall have access to the Public
Highway 24 hours a day/7 days a week. Licensee acknowledges that it may have to relocate its
Equipment on third-party poles in the Public Highway at its expense if the third party is required
to underground its equipment, and Licensor shall have no liability or responsibility for any such
costs.
3. Term of Supplements and Agreement; Cancellation; Termination; Removal or
Abandonment at Expiration.
3.1. Agreement Term. This Agreement shall be in effect for a period of twenty (20)
years commencing on the date that this Agreement is fully executed (the “Execution Date”), and
expiring on the EARLIER of (a) the twentieth (20
th
) anniversary of the Execution Date, or (b) the
expiration of the last Supplement Term (unless sooner cancelled or terminated as provided in this
section 3) (the “Term”).
3.2. Supplement Term. Subject to the remaining balance of the Agreement Term under
Section 3.1, each Supplement Site License or Public Highway Access Grant shall be in effect for
a period of up to fifteen (15) years commencing on the “Commencement Date” determined in
accordance with each Supplement Site License or Public Highway Access Grant, and expiring on
the day before the fifteenth (15
th
) anniversary of the Commencement Date unless sooner cancelled
or terminated as provided herein (the “Supplement Term”). Licensee shall commence construction
of the Site within twelve (12) months of signature of the Supplement Site License. Provided
Licensee is not in breach of the Master License, Supplement Site License, or Public Highway
Access Grant, the Supplement Term will automatically be extended for successive five (5) year
periods (each, a “Renewal Term”), with the first Renewal Term commencing immediately upon
the expiration of the initial period of the Supplement Term, and each additional Renewal Term
commencing immediately upon the expiration of the preceding Renewal Term unless notice of
non-extension is provided to Licensee by Licensor prior to the commencement of the succeeding
Renewal Term or the underlying Agreement Term will expire in less than five years. All of the
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provisions of this Agreement shall be in effect during the Supplement Term and any Renewal
Term. At no time shall a Supplement Term create a right that extends beyond the Agreement Term
described in Section 3.1 and as may be extended by subsequent written agreement of the Parties.
3.3 Licensee Cancellation. Licensee may cancel this Agreement or any Supplement
Site License or Public Highway Access Grant before the date of expiration by providing the
Licensor with ninety (90) days express written notice of cancellation. Any prepaid Pole
Attachment Rental Fee shall be retained by Licensor, and Licensee shall continue to pay the Pole
Attachment Rental Fee, if applicable, for each affected site until Licensee has removed all
equipment at such site and restored Licensor’s property to its original condition, normal wear and
tear excepted. This Agreement and all Supplement Site Licenses and Public Highway Access
Grants may only be cancelled or terminated as provided in this Agreement or in the Supplement
Site License or Public Highway Access Grant.
3.4. Abandonment. If Licensee abandons or discontinues the use of a Municipal
Facility, a third-party pole or a Licensee proprietary pole for a period of six (6) or more consecutive
months, the Equipment for such location shall be removed at the expense of Licensee. In the event
Licensee is unable or refuses to remove such Equipment when requested by Licensor and does not
elect to transfer title and ownership of such Equipment to the City as-is, Licensor may authorize
removal and Licensee shall be responsible for all costs incurred for such removal, including by
lien(s) against the Licensee property described in the associated Supplement Site License or Public
Highway Access Grant. Licensee shall continue to pay the fee described in Section 4 for each
affected site until all equipment at such site has been removed and Licensor’s property restored to
its original condition, normal wear and tear excepted.
4. Fees and Charges. Licensee shall be solely responsible for the payment of all fees and
charges in connection with Licensee’s performance under this Agreement, including those set forth
as follows:
4.1. License Fee.
(a) Annual Fee. Licensee shall pay to Licensor an annual fee equal to $200.00 for the
use of each Municipal Facility by Licensee pursuant to a Supplement Site License, as of
the Commencement Date for each Supplement Site License, in order for Licensee to
occupy and use space on the Municipal Facilities. In the event any Law provides Licensee
the right to use the Municipal Facilities at an annual rate less than the rate set forth herein,
and specifically preempts the Licensor’s ability to continue the License Fee through the
duration of the Term, the annual License Fee shall be reduced to such amount on the next
anniversary of the Commencement Date (Licensee expressly waives any right to an earlier
adjustment even if required by such Law) for all existing Supplement Site Licenses, and
all new Supplement Site Licenses shall be entered into at such new rate. In such event, the
Parties shall enter into an amendment to this Agreement documenting such amount. The
annual License Fee shall not apply or be charged for attachments to third party facilities or
installation of Licensee’s proprietary poles in the Public Highway.
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(b) Fee Payment. The annual fee paid per Municipal Facility location is non-
refundable and is payable within ninety (90) days of the initial Commencement Date, and
on or before each subsequent annual anniversary of the Commencement Date during the
Supplement Term (or until such earlier time as such Supplement Site License is
terminated). Upon agreement of the Parties, Licensee may pay the License Fee by
electronic funds transfer and in such event, Licensor agrees to provide to Licensee bank
routing information for such purpose upon request of Licensee. For any party to whom
rental payments are to be made, Licensor or any successor in interest of Licensor hereby
agrees to provide to Licensee (i) a completed, current version of Internal Revenue Service
Form W-9, or equivalent; and (ii) complete and fully executed state and local withholding
forms if required. Rental shall accrue in accordance with this Agreement, but Licensee
shall have no obligation to deliver rental payments until the requested documentation has
been received by Licensee. Upon receipt of the requested documentation, Licensee shall
deliver the accrued rental payments as directed by Licensor.
4.2. Permit. No payment is collected under this Agreement for any Permit issued in
connection with the installation of Equipment at any Municipal Facility. Permit requirements, fees
and charges are solely governed by the requirements imposed by the Code.
4.3 Taxes. Licensee shall pay all applicable city, county and state taxes levied,
assessed, or imposed by reason of this Agreement or those related to any of Licensee’s Equipment
and/or provided services.
4.4. Utilities and Electric Meter. The Licensee will be responsible for telephone, cable,
broadband, electric and any other utility service used or consumed by the Licensee in connection
with using its Equipment. In no event will the Licensee secure its utilities by sub-metering from
the City. Licensee shall install or cause to be installed a separate electric meter on a ground
mounted pedestal or on Licensee’s pad mounted equipment cabinet as required by the electric
provider for the operation of its Equipment. Licensee shall be responsible for paying all charges
for any electricity furnished to serve the Equipment.
4.5. Payments Made. All fees and/or additional payments shall be payable to Licensor at:
Finance Department
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
or to such other persons or at such other places as Licensor may designate in writing. All payments
shall be in lawful money of the United States of America.
5. Additional License and Permits Required by Code. To the extent not in contravention
of any applicable Law, all Equipment will be installed, operated and maintained by or on behalf
of Licensee in accordance with applicable provisions of the Code regulating wireless
communications facilities. Licensee or its designee may be required to apply for and obtain a local
government Permit for work performed within the Public Highway, and the Public Highway will
10
be used according to the plans submitted by Licensee and approved pursuant to a Permit. Execution
of this Agreement or any Supplement Site License or Public Highway Access Grant does not constitute
the issuance of such a Permit though may be a condition to receiving such a permit.
6. Basic Design and Installation Requirements for Using Municipal Facilities. The basic
design of the Equipment will be described in Exhibit A-1 to each Supplement Site License. All of
Licensee’s construction and installation work for its Equipment on the Municipal Facilities shall be
performed at Licensee’s sole cost and expense and in a good and workmanlike manner and promptly
completed. When Licensee and Licensor have agreed on a Municipal Facility as a suitable site for
Licensee’s Equipment based on aesthetic or structural considerations, but the existing Licensor-
owned pole needs to be replaced to accommodate the Equipment, then Licensee shall pay all costs
related to replacing the Licensor-owned pole, including but not limited to installation of the
replacement pole (the “Replacement Pole”), transfer of the streetlight fixtures, traffic signal, and/or
other items attached to the existing Licensor-owned pole to the Replacement Pole, and removal
and salvage of the existing Licensor-owned pole to the Licensor. Payment of the pole replacement
costs does not provide Licensee with any ownership interest in the Replacement Pole. Licensor
will be deemed to own the original Licensor-owned pole and the Replacement Pole. The
installation or attachment of the Equipment to the Replacement Pole shall be at Licensee’s sole
cost and expense. If a Replacement Pole needs to be replaced because of damage due to an
accident, natural disaster or other cause, or is at the end of its useful life, Licensor shall be
responsible for the cost of a standard Licensor-owned pole and Licensee shall be responsible for
the cost of replacement above the cost of a standard Licensor-owned pole, if a higher standard is
required to host Licensee’s Equipment.
7. Common Conditions or Requirements Applicable to Supplement Site Licenses or
Public Highway Access Grants Approved Under this Agreement.
7.1. Equipment Locations.
(a) For each installation, Licensee or its designee shall submit plans and specifications
for Licensor review and approval, which approval shall not be unreasonably withheld,
conditioned or delayed. Upon Licensor approval, the approved plans are inserted in Exhibit
A-1 to the applicable Supplement Site License or Public Highway Access Grant. If
Licensee desires to change or add new locations, Licensee will submit a proposed
Supplement Site License indicating the additional Municipal Facilities for which it seeks
permission to use and a list of immediately adjacent property owner(s).
(b) All proprietary poles owned by Licensee shall be located preferably closest to the
corner of two intersecting streets, within alleyways where feasible, or closest to the
common side yard property line between adjacent adjoining properties.
(c) Licensee shall maintain a current inventory of Wireless Sites governed by this
Agreement throughout the Term. Once during the initial term and during each extension
term, as described in Section 3.2, Licensee shall provide to Licensor, upon Licensor’s
request, an inventory of Wireless Sites under each active Supplement Site License or Public
Highway Access Grant. Licensee shall otherwise provide to Licensor, at Licensor’s
reasonable request, a copy of the inventory of Wireless Sites governed by this Agreement
11
within ninety (90) days of such request. Licensor’s request for a current inventory shall be
limited to no more than one time per calendar year throughout the Term. The inventory
shall include GIS coordinates, date of installation, the Licensee Site ID#, type of pole used
for installation, and pole owner at each Wireless Site.
(d) If Licensor determines there are unauthorized Wireless Sites after comparing the
inventory of Wireless Sites to internal records or through any other means, Licensor shall
provide written notice to the Licensee of such unauthorized Wireless Sites and the Licensee
shall have thirty (30) days thereafter in which to submit an application request for a
Supplement Site License or Public Highway Access Grant, as appropriate for that location,
or alternatively to remove the Equipment and restore the property at the Licensee’s
expense. If the Licensee fails to submit a request for a Supplement Site License or Public
Highway Access Grant, or if the request is denied, then Licensee shall remove the
Equipment from the Public Highway and restore the property at its expense within thirty
(30) days, unless a different time period is agreed to by the Parties. If the request is
approved, the Licensee must pay the required fees (if any) for a new Wireless Site plus
interest at the rate of two percent (2%) per annum from the date of the original installation.
7.2. Damage to Licensor Property. If Licensee damages or disturbs the surface or
subsurface of any Public Highway or adjoining property, pole, streetlight fixture, traffic signal, or
other public or private improvement, in the exercise of the rights granted through this Agreement,
Licensee will promptly, at its own expense, and in a manner reasonably acceptable to Licensor and
all affected property owners, repair the damage or disturbance within thirty (30) days.
7.3. Public Emergency. In the event of an emergency or to protect the public health or
safety, prior to the Licensor accessing or performing any work on a Municipal Facility on which
Licensee has installed Equipment, Licensor may require Licensee to deactivate such Equipment if any
of Licensor’s employees or agents must move closer to the Equipment than the FCC recommended
minimum distance. In such case, Licensor will contact Licensee at 800-264-6620 to request immediate
deactivation. If Licensee refuses to or does not act within two (2) hours of such notice, Licensee’s
consent will be deemed given and Licensor may proceed as reasonably necessary to protect public and
utility personnel safety in Licensor’s sole discretion.
7.4. Pole Replacement.
(a) Subject to Sections 6 and 7.4(f), if a Municipal Facility needs replacement or repair,
Licensee shall have the right, but not the obligation, to immediately replace the same at
Licensor’s cost up to the amount Licensor would pay to perform the same work. In such
event, Licensor shall reimburse Licensee within thirty (30) days of Licensee’s receipt of
an invoice. However, in the event Licensee elects in writing to have Licensor replace the
Municipal Facility, Licensor shall perform such replacement within thirty (30) days
thereafter, and Licensee shall cooperate with Licensor to temporarily relocate its
Equipment, if necessary. Upon completion of the replacement, Licensor shall notify
Licensee in order for Licensee to reinstall its Equipment.
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(b) At Licensee’s option, Licensee may provide to Licensor, at Licensee’s cost, a spare
pole sufficient to serve as a replacement pole, which will be stored at Licensor’s Utility
Services Yard (the “Yard”) at no cost to Licensee, and which will be available for use by
Licensor and Licensee to replace the Municipal Facility as provided in this Section 7.4.
(c) In the event Licensee provides a spare pole, and in lieu of Licensee performing the
replacement, Licensor will use the spare pole to replace a damaged existing pole within
forty-eight (48) hours of its receipt of notice regarding the need for replacement and shall
deliver the damaged pole and any damaged Equipment to the Yard.
(d) Licensor will contact Licensee to pick up the damaged Equipment and Licensee
can reinstall its Equipment once the replacement pole is installed and functioning as a
Municipal Facility.
(e) Licensee shall have the right to temporarily use another Municipal Facility for its
operation during the replacement period at a location reasonably acceptable to the Parties.
(f) In the event Licensor is responsible for replacing the Municipal Facility with a
Replacement Pole, Licensor shall only be responsible for the cost of a standard pole, and
Licensee shall be responsible for the cost of the Replacement Pole in excess of the cost of
a standard pole.
7.5. Removal and Relocation.
(a) Licensee understands and acknowledges that Licensor may require Licensee to
relocate one or more of its Equipment installations. Licensee shall at Licensor’s direction
and upon the longer of ninety (90) days prior written notice to Licensee or, the written
notice period provided by any third party if a third party is requiring the relocation of
Licensee’s Equipment installation in the Public Highway, relocate such Equipment at
Licensee’s sole cost and expense whenever Licensor reasonably determines that the
relocation is needed for any of the following purposes: (i) if required for the construction,
modification, completion, repair, relocation, or maintenance of a Licensor or other public
agency project; (ii) because the Equipment is interfering with or adversely affecting proper
operation of Licensor-owned poles, traffic signals, communications, or other Municipal
Facilities; or (iii) Licensor’s is abandoning or removing the Municipal Facility. In any
such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent
alternate location and shall expedite permitting for the alternate location. If Licensee shall
fail to relocate any Equipment as requested by the Licensor in accordance with the
foregoing provision, Licensor shall be entitled to remove or relocate the Equipment at
Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay
to the Licensor actual costs and expenses incurred by the Licensor in performing any
removal work and any storage of Licensee’s property after removal, within thirty (30) days
of the date of a written demand for this payment from the Licensor.
(b) In the event Licensee desires to relocate any Equipment from one Municipal
Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts
13
to accommodate Licensee by making another reasonably equivalent Municipal Facility
available for use in accordance with and subject to the terms and conditions of this
Agreement.
(c) In lieu of the relocation of Licensee’s Equipment, in the case of an abandonment or
removal of a Municipal Facility as provided in Section 7.5(a) (iii), unless the Municipal
Facility is needed for a legitimate Licensor purpose, Licensee shall have right to purchase the
Municipal Facility, and continue to use the same pursuant to the then existing Supplement Site
License, at a commercially reasonable price commensurate with its then existing value and
terms agreeable to the Parties. Licensee and Licensor shall document such transfer of
ownership via a commercially reasonable bill of sale.
7.6. Non-exclusiveness. Subject to Section 7.7(d), the rights and privileges granted to
Licensee under this Agreement, and each Supplement Site License or Public Highway Access Grant
described herein, are nonexclusive and may be subject to colocation requirements set by Law.
7.7. Non-interference. The following provisions shall apply to ensure and/or avoid
interference (both physical and radio frequency) resulting from Licensee’s installation, operation
and/or maintenance of a Wireless Site:
(a) RF Interference. Licensee shall ensure its Equipment will not cause radio
frequency interference with Licensor’s wireless communication facilities or devices, cable
television, broadcast radio or television systems, satellite broadcast systems, or Licensor
traffic, public safety or other communications signal equipment at any time of Equipment
operation.
(b) Existing Uses. Licensee shall not interfere in any manner with any uses of public
property including Public Highway, sanitary sewers, water mains, storm drains, gas mains,
poles, aerial and underground electric and telephone wires, streetlight fixtures, cable
television, and other telecommunications, utility, and municipal property without the
express written approval of the owner(s) of the affected property or properties.
(c) Licensor Communications. Licensee shall not interfere in any manner with current
or future Licensor or other government public safety, broadband, utility, or other
communication systems.
(d) Licensor Interference. Licensor reserves the right, but no corresponding obligation,
to maintain and operate its Municipal Facilities in such reasonable manner as will best enable
Licensor to fulfill its own service requirements or obligations. However, Licensor agrees to
use reasonable efforts such that Licensor and/or any other tenants, licensees, or users of the
Public Highway who currently have or in the future take possession of space within the
Public Highway will be permitted to install only such equipment that is of the type and
frequency which is designed to comply with then existing industry standards regarding
potential interference with the then existing Equipment of Licensee.
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(e) Remedies. Without limiting any other rights or remedies, if interference occurs and
continues for a period in excess of forty eight (48) hours following notice to the interfering
party via telephone to Licensee’s Network Operations Center at (800) 621-2622) or to
Licensor at the Fort Collins Utilities System Control and Operation office (970-221-6710),
the interfering party shall or shall require any other user of a Municipal Facility to reduce
power or cease operations of the interfering equipment until the interference is cured under
reasonable commercial standards. The Parties acknowledge there may not be an adequate
remedy at law for noncompliance with the provisions of this Section 7.7 and therefore the
Parties shall have the right to equitable remedies such as, without limitation, injunctive
relief.
7.8 Adjacent Property Owner Notices.
(a) Except in the case of an emergency involving public safety or an outage, or service
interruption to a large number of customers, Licensee shall give reasonable advance notice
to private residential property owners of construction work on or in adjacent rights-of-way,
as provided in this section. “Construction work” shall include excavation, boring,
assembly, rehabilitation, renovation, remodeling or improvement of any structure or
facility in the Public Highway or adjacent to a sidewalk beside the Public Highway,
including associated landscaping, parking, equipment or furnishings for such work.
(b) In particular, the following requirements shall apply to nonemergency activity in
Public Highways when the activity adjoins residentially zoned property or property shown
in the Larimer County Assessor’s Records as “residential,” and will not be completed and
restored in a period of two weeks or less.
(1) Licensee shall either:
(A) At least seventy-two hours before commencement of any work in the
Public Highway, (i) post and maintain a notice that is located at the beginning and
end points of the activity, and (ii) deliver notice to each address in the area of the
activity and within one hundred seventy-five feet of its boundaries; or
(B) At least fifteen calendar days before commencement of any work in
the Public Highway, provide written notice individually to each address in the area
of the Public Highway work and within one hundred seventy-five linear feet of its
boundaries.
(2) For good cause, Licensor may require Licensee to employ a combination of
the notices required by subsection (b)(1) of this section.
(3) The notices required by subsection (b)(1) of this section shall include the
name, telephone number, and address of the owner and use permittee, a description of the
work to be performed, the duration of the work, and the name, address, and telephone
number of a person who will provide information to and receive comments from any
member of the public concerning the work. Posted notices shall be in a format and size
acceptable to Licensor.
15
8. Damage to Licensee’s Equipment. In the event of any damage to Licensee’s Equipment,
Licensor shall have no liability or responsibility to repair the same unless such damage arose from
the negligence or willful misconduct of Licensor, its employees, agents, or contractors; provided
however, in such case, Licensor’s liability shall be limited to the cost to repair or replace the same,
subject to Section 6. Licensor’s standard requirements for notification and processing of claims
through Licensor’s Risk Management department shall also apply.
9. Title and Ownership.
9.1. Title to the Municipal Facility. Title to the Equipment, exclusive of the Municipal
Facility (original or replacement) used for support, but including ground mounted equipment, shall
remain with Licensee and shall constitute Licensee’s personal property and equipment, and not
fixtures or improvements attached to the land.
9.2. No Ownership in Licensor Property. Neither this Agreement, nor any license issued
herein, nor any Permit separately issued for installation of any Equipment, regardless of the payment
of any fees and charges, shall create or vest in Licensee any ownership or property rights in any portion
or elements of the Municipal Facilities, the underlying real property on which any Licensor-owned
poles or any Equipment is located, or any portion of the Public Highway. Additionally, except as
otherwise expressly provided herein, Licensee acknowledges that this Agreement does not constitute
or create a leasehold interest or right to the benefit of any Licensor property or portion thereof. Nothing
contained in this Agreement shall be construed to compel Licensee to construct, retain, extend, place,
or maintain any poles or other facilities for the benefit of Licensor which are not needed for Licensee’s
own service requirements.
9.3 “As Is” Condition. Subject to this Section 9, Licensee accepts the Municipal Facilities
identified in any Supplement Site License, or any Replacement Pole, in its “AS IS” condition, without
representation or warranty of any kind by Licensor, or any Licensor officer, agent, or employee, and
subject to all applicable laws, rules and ordinances governing the use of the Municipal Facility for
Licensee’s intended purpose.
10. Maintenance and Repair. Subject to Section 7.2, Licensor shall maintain and keep the
Municipal Facility containing Equipment in accordance with Licensor’s ordinary maintenance
standards, at its sole cost and expense. Licensee shall keep the Equipment and other improvements by
Licensee on the Municipal Facility, if any, in good condition and repair.
11. Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors and
agents, will not use, generate, store, produce, transport or dispose any Hazardous Substance on, under,
about or within the area of a Municipal Facility or the Public Highway in which it is located in violation
of any applicable federal, state, county, or local law or regulation. Except to the extent of the negligence
or intentional misconduct of Licensor, Licensee will pay, indemnify, defend and hold Licensor
harmless against and to the extent of any loss or liability incurred by reason of any Hazardous
Substance produced, disposed of, or used by Licensee, or any agent of Licensee, pursuant to this
Agreement. Licensee will ensure that any on-site or off-site storage, treatment, transportation, disposal
or other handling of any Hazardous Substance will be performed by persons who are properly trained,
16
authorized, licensed and otherwise permitted to perform those services. The Parties recognize that
Licensee shall not be responsible for any environmental condition or issue except to the extent resulting
from Licensee’s specific activities and responsibilities under this Agreement.
12. Indemnity and Waiver.
(a) Licensee shall indemnify and hold the Licensor harmless against any claim of liability
or loss from personal injury or property damage resulting from or arising out of the negligence
or willful misconduct of the Licensee, its employees, contractors or agents, except to the extent
such claims or damages may be due to or caused by the negligence or willful misconduct of
the Licensor, or its employees, contractors or agents. The Licensor will provide the Licensee
with reasonably prompt, written notice of any claim covered by this indemnification; provided
that any failure of the Licensor to provide any such notice, or to provide it promptly, shall not
relieve the Licensee from its indemnification obligation in respect of such claim, expect to the
extent the Licensee can establish actual prejudice and direct damages as a result thereof. The
Licensor will cooperate appropriately with the Licensee in connection with the Licensee’s
defense of such claim. The Licensee shall defend Licensor, at the Licensor’s request, against
any claim with counsel reasonably satisfactory to the Licensor. The Licensee shall not settle
or compromise any such claim or consent to the entry of any judgment without the prior written
consent of Licensor and without an unconditional release of all claims by each claimant or
plaintiff in favor of Licensor.
(b) In consideration for the rights granted under this Agreement, the Licensee waives
all claims, demands, causes of action, and rights it may assert against Licensor and its
officials, personnel, agents, and representatives because of any loss, damage, or injury to
any Equipment, or any loss or degradation of service resulting from the installation,
operation, maintenance, or malfunction of Equipment regardless of cause.
13. Insurance Requirements.
13.1. Licensee’s Insurance. Licensee shall procure and maintain insurance in the
amounts and form specified in attached Exhibit B.
13.2. Certificates. If a Certificate of Insurance or Self-Insurance is submitted as
verification of coverage, Licensor will reasonably rely upon the Certificate as evidence of
coverage, but this acceptance and reliance will not waive or alter in any way the insurance
requirements or obligations of this Agreement. If any of the required policies expire during the
life of this Agreement, Licensee must forward renewal or replacement Certificates to Licensor
within fifteen (15) business days after the renewal date containing all the necessary insurance
provisions.
13.3 Licensor’s Insurance. Licensor shall, at its sole cost and expense, maintain general
liability insurance with such limits as Licensor may determine to be appropriate from time to time.
Nothing herein is intended as a waiver of the provisions and protections of the Colorado
Governmental Immunity Act, C.R.S. Sec. 24-10-101 et seq.
17
14. Assignment/Subletting.
14.1. This Agreement and each license granted herein is personal to Licensee and for each
Municipal Facility. Licensee shall not lease, sublicense, share with, convey or resell to others any such
space or rights granted hereunder. Subject to Section 14.3, this Agreement and the related rights and
privileges may not be assigned or otherwise transferred without the express written consent of
Licensor, which consent shall not be unreasonably withheld, conditioned or delayed. Any Agreement
which is assigned or otherwise transferred pursuant to this Section shall be equally subject to all the
obligations and privileges of this Agreement including any amendments, which will remain in effect,
as if the assigned Agreement was the original Agreement. After assignment, this Agreement,
including any amendments, shall be binding on the assignee to the full extent that was binding
upon Licensee.
14.2. Any non-permitted transfer or assignment of the right to attach Equipment to a
Municipal Facility shall be void and not merely voidable. Licensor may, in its sole discretion and
in addition to all other lawful remedies available to Licensor under this Agreement, may collect
any fees owed from Licensee all without prejudicing any other right or remedy of Licensor under
this Agreement. No cure or grace periods shall apply to transfers or assignment prohibited by this
Agreement or to the enforcement of any provisions of this Agreement against a transferee or
assignee who did not receive Licensor’s consent.
14.3. Notwithstanding anything to the contrary in this Section 14, without any approval
or consent of Licensor, this Agreement and/or any Supplement Site License may be sold, assigned
or transferred by Licensee to (i) any entity in which Licensee directly or indirectly holds a
controlling equity or similar interest; (ii) any entity which directly or indirectly holds a controlling
equity or similar interest in Licensee; or (iii) any entity directly or indirectly under common control
with Licensee. Licensee may assign this Agreement and/or any Supplement Site License to any
entity which acquires all or substantially all of Licensee’s assets in the market defined by the FCC
in which the Municipal Facility is located due to a merger, acquisition or other business
reorganization without approval or consent of Licensor.
15. Default.
15.1 Default of Licensee.
a. Licensor shall provide Licensee with a written notice of any violation of
this Agreement, and a thirty (30) day period within which Licensee may: (i)
demonstrate that a violation does not exist, (ii) cure the alleged violation, or (iii) if
the nature of the alleged violation prevents correction thereof within 30 days, to
initiate a reasonable corrective action plan, including a projected completion date,
subject to Licensor’s written approval, which approval will not be unreasonably
withheld.
b. If Licensee fails to disprove or correct the violation within thirty (30) days
or, in the case of a violation which cannot be corrected in 30 days if Licensee has
failed to initiate a reasonable corrective action plan and to correct the violation
18
within the specified time frame, then Licensor may declare in writing that Licensee
is in default.
15.2 Default of Licensor.
a. Licensee shall provide Licensor with a written notice of any violation of
this Agreement, and a thirty (30) day period within which Licensor may: (a)
demonstrate that a violation does not exist, (b) cure the alleged violation, or (c) if
the nature of the alleged violation prevents correction thereof within 30 days, to
initiate a reasonable corrective action plan, including a projected completion date,
subject to Licensee’s written approval, which approval will not be unreasonably
withheld.
b. If Licensor fails to disprove or correct the violation within thirty (30) days
or, in the case of a violation which cannot be corrected in 30 days if Licensor has
failed to initiate a reasonable corrective action plan and to correct the violation
within the specified time frame, then Licensee may declare in writing that Licensor
is in default.
15.3 Bankruptcy. The Parties expressly agree and acknowledge that it is their intent
that in the event Licensee shall become a debtor in any voluntary or involuntary bankruptcy
proceeding (a “Proceeding”) under the United States Bankruptcy Code, 11 U.S.C. 101, et seq. (the
“Bankruptcy Code”), for the purposes of proceeding under the Bankruptcy Code, this Agreement
shall be treated as an unexpired lease of nonresidential real property under Section 365 of the
Bankruptcy Code, 11 U.S.C. 365 (as may be amended), and, accordingly, shall be subject to the
provisions of subsections (d)(3) and (d)(4) of said Section 365 with the exception that Licensor
waives any requirement for Licensee to assume or reject this Agreement earlier than prior to
confirmation of a plan. Any person or entity, to which Licensee’s rights, duties and obligations
under this Agreement are assigned pursuant to the provisions of the Bankruptcy Code, shall be
deemed without further act to have assumed all the obligations of Licensee arising under this
Agreement both before and after the date of such assignment. Any such assignee shall upon
demand execute and deliver to Licensor an instrument confirming such assumption. Any monies
or other considerations payable or otherwise to be delivered in connection with such assignment
shall be paid to Licensor, shall be the exclusive property of Licensor, and shall not constitute
property of Licensee or of the estate of Licensee within the meaning of the Bankruptcy Code. Any
monies or other considerations constituting Licensor’s property under the preceding sentence not
paid or delivered to Licensor shall be held in trust for the benefit of Licensor and be promptly paid
to Licensor.
16. Termination/Revocation. In the event of a Default, without limiting the non-defaulting
party in the exercise of any right or remedy which the non-defaulting party may have by reason of
such Default, the non-defaulting Party may terminate this Agreement if the Default affects all
Supplement Site Licenses and the Agreement as a whole, or any Supplement Site License subject
to the Default, and/or pursue any remedy now or hereafter available to the non-defaulting Party
under the Laws or judicial decisions of the State of Colorado. Further, upon a Default, the non-
defaulting Party may at its option (but without obligation to do so), perform the defaulting Party’s
19
duty or obligation. The costs and expenses of any such performance by the non-defaulting Party
shall be due and payable by the defaulting Party upon invoice therefor. If Licensee undertakes any
such performance on Licensor's behalf and Licensor does not pay Licensee the full undisputed
amount within thirty (30) days of its receipt of an invoice setting forth the amount due, Licensee
may offset the full undisputed amount due against all fees due and owing to Licensor under this
Agreement until the full undisputed amount is fully reimbursed to Licensee.
17. Surrender. Within sixty (60) days of the expiration of the Supplement Term of any
Supplement Site License, or upon the earlier termination thereof, Licensee shall remove all
Equipment attached or ground mounted, at its sole expense, shall repair any damage to the
Municipal Facilities or the Public Highway caused by such removal, and shall restore the
Municipal Facilities to the condition in which they existed prior to the installation of the Equipment
(whether attached or ground mounted), reasonable wear and tear and loss by casualty or other
causes beyond Licensee’s control excepted.
18. Notices. Any notice, request, demand, statement, or consent herein required or permitted
to be given by either party to the other hereunder, shall be in writing signed by or on behalf of
the party giving the notice and addressed to the other at the address as set forth below:
Licensee Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Licensor City Manager’s Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
With copy to: City Attorney’s Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
Each party may by notice in writing change its address for the purpose of this Agreement,
which address shall thereafter be used in place of the former address. Each notice, demand,
request, or communication which shall be mailed to any of the aforesaid shall be deemed
sufficiently given, served, or sent for all purposes hereunder (i) two business days after it shall be
mailed by United States registered or certified mail, postage prepaid and return receipt requested,
in any post office or branch post office regularly maintained by the United States Postal Service,
(ii) upon personal delivery, or (iii) one business day after deposit with any recognized commercial
air courier or express service. Any communication made by e-mail or similar method shall not
constitute notice pursuant to this Agreement.
19. Miscellaneous.
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19.1. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the Parties, and supersedes all negotiations, understandings or agreements.
Any amendments to this Agreement must be in writing and executed by both Parties.
19.2. Severability. If any provision of this Agreement is invalid or unenforceable with
respect to any Party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, shall not be affected and
each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by
law.
19.3. Governing Law. This Agreement shall be governed by the laws of the State of
Colorado without regard to choice of law rules. In addition, the Parties acknowledge that there are
legal constraints imposed upon the Licensor by the constitutions, statutes, and rules and regulations
of the State of Colorado and of the United States and imposed upon the Licensor by its Charter
and Code, and that, subject to such constraints, the Parties intend to carry out the terms and
conditions of this Agreement. Notwithstanding any other provisions of this Agreement to the
contrary, in no event shall either of the Parties exercise any power or take any action which shall
be prohibited by applicable law. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner so as to be effective and valid under applicable law. Should any
dispute arising out of this Agreement lead to arbitration or litigation, the prevailing party shall be
entitled to recover its costs of suit, including (without limitation) reasonable attorneys’ fees .
19.4. Exhibits. All Exhibits referred to and attached to this Agreement are incorporated
herein by reference.
19.5. Authority to Execute. Any individual executing this Agreement on behalf of or as
representative for a corporation or other person, partnership or entity, represents and warrants that
he or she is duly authorized to execute and deliver this Agreement on behalf of such party, and this
Agreement is binding upon such party in accordance with its terms. Licensor hereby designates,
and authorizes, the City Manager to execute all Supplement Site Licenses or Public Highway
Access Grants entered into under this Agreement. This designation and authorization may be
changed by Licensor upon written notice to Licensee.
19.6. No Waiver. A Party shall not be excused from complying with any of the terms
and conditions of this Agreement by any failure of a Party upon any one or more occasions to
insist upon or to seek compliance with any such terms or conditions.
19.7. Force Majeure. With respect to any provisions of this Agreement, the violation or
non-compliance of any term of this Agreement which could result in the imposition of a financial
penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or non-
compliance shall be excused where such violation or non-compliance is the result of acts of God,
war, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was
not reasonably foreseeable by such Party and is beyond such Party’s reasonable control.
21
19.8 Limitation of Liability. Except for indemnification pursuant to Sections 11 and 12,
neither Party shall be liable to the other, or any of their respective agents, representatives,
employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,
punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of
service, even if advised of the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise.
19.9 Obligations Subject to Appropriation. Licensor’s obligations under this Agreement
in subsequent fiscal years are subject to the annual appropriation of funds sufficient and intended
for such purpose by Licensor’s City Council in its discretion.
[Signature page follows]
22
IN WITNESS WHEREOF, the parties have executed this Agreement as of this ____ day of
___________, 2018 (the “Execution Date”).
LICENSOR:
City of Fort Collins, a Colorado municipal
corporation
By: _______________________________
Wade O. Troxell, Mayor
LICENSEE:
Verizon Wireless (VAW) LLC,
dba VERIZON WIRELESS
By:
_______________________________
Print Name:
_________________________
Its:
_________________________________
_
ATTEST:
City Clerk
APPROVED AS TO FORM:
_____________________________________
Deputy/Assistant City Attorney
23
EXHIBIT A-A
Form of Supplement Site License
This Supplement (“Supplement”), made this _____ day of ____________, 2018 (“Effective Date”)
between the City of Fort Collins, a Colorado Municipal Corporation, with an address of City
Manager’s Office, P.O. Box 580, Fort Collins, CO 80522-0580, hereinafter designated “Licensor”
and Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless, with its principal offices at c/o
Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter
designated “Licensee”:
1. Supplement. This is a Supplement Site License as referenced in that certain Agreement
for the Use of Licensor Property in Connection with the Operation of a Wireless Network, between
Licensor and Licensee dated ______________, 2018 ("Agreement"). All the terms and conditions
of the Agreement are incorporated hereby by reference and made a part hereof without the
necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or
inconsistency between the terms of the Agreement and this Supplement, the terms of this
Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning
described for them in the Agreement unless otherwise indicated herein.
2. Project Description and Locations. Licensor has received all materials listed on Exhibit A-
2 applicable to the supplemental wireless network installation described in this Supplement.
□ Licensee shall have the right to use the Municipal Facility for Equipment at the
designated areas in the Public Highway as further described in Exhibit A-1 attached hereto
(the “Licensed Area”); OR
□ Licensee shall have the right to place its own Equipment and pole at the designated
areas in the Public Highway as further described in Exhibit A-1 attached hereto (the
“Licensed Area”).
3. Equipment. The Equipment to be installed at the Licensed Area is described in Exhibit A-
1 attached hereto.
4. Term/Termination. The term of this Supplement shall be as set forth in Section 3.2 of the
Agreement. If Licensee has not installed the Equipment in the Licensed Area within one (1) year
from the date of this Supplement, this Supplement will be deemed automatically terminated.
5. Fees. The initial annual Rental Fee for the term of this Supplement shall be
__________________, as determined in accordance with the Agreement, [and as adjusted by
Section 4.1 of the Agreement.]
6. Commencement Date. The first day of the month following the date Licensee has
commenced installation of its Equipment at the Licensed Area.
24
7. Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed Area
is contingent upon its paying all permit and approval application fees and obtaining all the
certificates, permits and other approvals (collectively the "Governmental Approvals") that may be
required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical
connection which will permit Licensee use of the Licensed Area as set forth above.
In the event that (i) any of such applications for such Governmental Approvals should be
finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or
is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that
such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines
that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connection;
or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use,
Licensee shall have the right to terminate this Supplement.
Notice of Licensee's exercise of its right to terminate shall be given to Licensor in writing by
certified mail, return receipt requested, and shall be effective upon the mailing of such notice by
Licensee, or upon such later date as designated by Licensee. All rentals paid to said termination date
shall be retained by Licensor. Upon such termination, this Supplement shall be of no further force
or effect except to the extent of the representations, warranties and indemnities made by each party
to the other hereunder. Otherwise, Licensee shall have no further obligations as to the license
payment due to Licensor under the Agreement between the parties.
[Signature page follows]
25
EXECUTED to be effective as of the date shown above.
LICENSOR:
City of Fort Collins, Colorado
By: _____________________________
Darin A. Atteberry, City Manager
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: __________________________
Deputy/Assistant City Attorney
LICENSEE:
Verizon Wireless (VAW) LLC,
D/B/A VERIZON WIRELESS
By: ______________________________
Print Name: ________________________
Its: ______________________________
Exhibits:
Exhibit A-1, Attachment A-1.1
Exhibit A-2
26
EXHIBIT A-B
FORM OF PUBLIC HIGHWAY USE GRANT
This Public Highway Use Grant, made this _____ day of ____________, 20____ (“Effective
Date”) between the City of Fort Collins, hereinafter designated “Licensor,” and
_______________________________, d/b/a Verizon Wireless, with its principal offices at c/o
Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey 07921, hereinafter
designated “Licensee”:
1. Public Highway Use Grant. This is a Public Highway Use Grant as referenced in that
certain Agreement for the Use of Licensor Property in Connection with the Operation of a
Wireless Network in connection with the operation of Licensee’s Network, between Licensor
and Licensee dated ______________, 20__ (the “Agreement”). All the terms and conditions of
the Agreement are incorporated herein by reference and made a part hereof without the necessity
of repeating or attaching the Agreement. In the event of a contradiction, modification or
inconsistency between the terms of the Agreement and this Public Highway Use Grant, the terms
of this Public Highway Use Grant shall govern. Capitalized terms used in this Public Highway
Use Grant shall have the same meaning described for them in the Agreement unless otherwise
indicated herein.
2. Project Description and Locations. As described herein, Licensee shall have the right to
occupy the Public Highway by attaching Equipment to an asset owned by a third party at the
designated areas further described in Attachment 1, Table 1 attached hereto (the “Licensed
Area”).
3. Equipment. The Equipment to be installed at the Licensed Area is described in
Attachment 1, Table 2 attached hereto.
4. Term. The term of this Public Highway Use Grant shall be as set forth in Section 3.2 of
the Agreement.
5. Fees. There is no fee for this Public Highway Use Grant.
6. Commencement Date. The commencement date of this Public Highway Use Grant is the
Effective Date.
7. Approvals. It is understood and agreed the Licensee’s ability to use the Licensed Area is
contingent upon its obtaining all of the certificates, permits and other approvals (collectively the
“Governmental Approvals”) that may be required by any Federal, State or Local authorities. In the
event that (i) any of such applications for such Governmental Approvals should be finally
rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is
otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that
such Governmental Approvals may not be obtained in a timely manner; or (iv) Licensee
determines one or more licensed Sites in the Licensed Area is no longer technically compatible
for its use, Licensee shall have the right to terminate all or part of this Public Highway Use
27
Grant. Notice of Licensee’s exercise of its right to terminate shall be given to Licensor in writing
by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by
Licensee, or upon such later date as designated by Licensee. Upon such termination, all or part of
this Public Highway Use Grant, as applicable shall be of no further force or effect except to the
extent of the representations, warranties and indemnities made by each party to the other hereunder
and in the Agreement.
EXECUTED to be effective as of the date shown above.
LICENSOR:
City of Fort Collins, Colorado
By: _____________________________
Darin A. Atteberry, City Manager
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: __________________________
Deputy/Assistant City Attorney
LICENSEE:
__________________________________,
D/B/A VERIZON WIRELESS
By: ______________________________
Print Name: ________________________
Its: ______________________________
Attachments:
Attachment 1
28
EXHIBIT A-1
LICENSED AREA AND DESCRIPTION OF FACILITIES
Table 1
SITE
ID
NO.
STREET
NAME/INTERSECTION AND
QUADRANT POLE IS
LOCATED ON
GIS
COORDINATES
POLE TYPE POLE
HEIGHT
29
Table 2
SITE
ID NO.
POLE ALTERATION ATTACHMENT
HEIGHT
TYPE OF EQUIPMENT
ATTACHED
30
Attachment A-1.1
to EXHIBIT A-1
SITE DRAWINGS
31
EXHIBIT A-2
SUPPLEMENTAL SITE LICENSE REQUEST SUBMITTAL MATERIALS
Licensee shall provide the following materials as applicable for consideration by Licensor in
reviewing the Supplement Site License request:
• Electronic shape file containing plot plan, engineering design, and specifications for
installation of utilities, including the location of radios, antenna facilities, transmitters,
equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical
distribution panel, electric meter, electrical conduit and cabling, and all other associated
equipment. Where applicable, the design documents shall include specifications on design,
pole modification, and ADA compliance.
o The plot plan shall show existing sidewalk size, existing utilities, existing trees,
traffic control signs and equipment, and other existing improvements.
o Licensee shall submit photographs and/or photographic simulations of the proposed
Wireless Site and specific equipment proposed for attachment along with plot plan
and drawings.
• For Municipal Facilities, include documentation from the City verifying the pole is eligible
for attachment. Also include a load bearing study that determines whether the pole requires
reinforcement or replacement to accommodate attachment of the Equipment. If pole
reinforcement or replacement is warranted, the design documents shall include the
proposed pole modification.
• For Replacement or new proprietary Pole installations, include documentation verifying
the pole location is in the Public Highway and is eligible for installation. Include list of
abutting property owners. If the proposed installation includes a new structure, provide
design and specification drawings for the structure by use of a Google Earth (or equivalent
means) aerial image of the City block on which the structure will be placed, showing the
proximity of proposed structure to intersection of property lines, trees, fire
stations/emergency service facilities, subject to availability of such information.
• If the proposed installation will require reinforcement or replacement of an existing pole,
provide applicable design and specifications drawings.
• The number, size, type and proximity to the facilities of all communications conduit(s) and
cables to be installed.
• Description of the utility services required to support the facilities to be installed.
• A typewritten legal description with (1) the Section, Township and Range, and County
being affected, and if it is part of a subdivision, it shall be stated also; (2) the Point of
Beginning to an established land corner or to a subdivision plat that is tied to an established
land corner, with curves showing radius, delta, arc length and angle to radius point if curve
is non-tangent, and area to be included in square feet; and (3) the legal description SIGNED
32
and SEALED by a surveyor registered in the state of Colorado. For the Municipal
Facilities, provide insurance information as required by Exhibit B of the Agreement.
33
EXHIBIT B
LICENSEE’S MINIMUM INSURANCE REQUIREMENTS
1. General.
A. Prior to performing work under this Agreement, Licensee shall furnish Licensor a
certificate of insurance on a standard insurance industry ACORD form. The insurance coverage
required must be issued by an insurance company licensed, authorized or permitted to transact
business in the State of Colorado, possessing a current A.M. Best, Inc. rating of A-VII or better,
and coverage shall be reasonably satisfactory to Licensor.
B. Licensee shall procure and maintain and shall require any of its contractors to
procure and maintain, until all of their obligations have been discharged, the insurances set forth
below.
C. The insurance requirements set forth in no way limit the indemnity covenants
contained in this Agreement.
D. Licensor in no way warrants that the insurance limits contained in this Agreement
are sufficient to protect Licensee from liabilities that might arise out of the performance of this
Agreement by Licensee and its contractors, and Licensee is free to purchase any additional
insurance as may be determined necessary.
E. Failure to demand evidence of full compliance with the insurance requirements in
this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor
will it be considered a waiver of, its obligation to maintain the required insurance at all times
during the performance of this Agreement.
2. Scope and Limits of Insurance. Licensee shall provide coverage with limits of liability
not less than those stated below.
A. Commercial General Liability-Occurrence Form. Licensee must maintain
Commercial General Liability insurance with a limit of $2,000,000 per occurrence for bodily
injury and property damage and $4,000,000 general aggregate including premises-operations,
products and completed operations, independent contractor, contractual liability, personal injury
and advertising injury.
B. Commercial Automobile Liability. Licensee must maintain Commercial
Automobile Liability insurance in the amount of $1,000,000 combined single limit each accident
for bodily injury and property damage covering all of Licensee owned, hired, and/or non-owned
vehicles assigned to or used in the performance of Licensee’s work or activities under this
Agreement.
C. Workers Compensation and Employers Liability Insurance. Licensee must
maintain Workers Compensation insurance in compliance with the statutory requirements of the
34
state of operation and Employer’s Liability with a limit of $1,000,000 for each accident;
$1,000,000 disease for each employee; $1,000,000 disease-policy limit.
D. Builders’ Risk/Installation Floater Insurance. Builders’ Risk/Installation Floater
Insurance must be maintained until whichever of the following first occurs: (i) final payment has
been made; or, (ii) until no person or entity, other than Licensor, has an insurable interest in the
property required to be covered.
(a) The Builders’ Risk/Installation Floater insurance must be endorsed
so that the insurance will not be canceled or lapse because of any partial use or occupancy by
Licensor.
(b) The Builders Risk/Installation Floater insurance must include as
named insureds, Licensor, Licensee, and all tiers of contractors and others with an insurable
interest in the Work
(c) The Licensee is responsible for payment of all deductibles under the
Builders’ Risk/Installation Floater insurance policy.
3. Additional Policy Provisions Required.
A. Miscellaneous Provisions.
(1) Licensee's insurance coverage must be primary insurance with respect to
Licensor, its officers, officials, and employees. Any insurance or self-insurance maintained by
Licensor, its officers, officials, and employees shall be in excess of the coverage provided by
Licensee and must not contribute to it.
(2) Licensee's insurance must apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(3) The policies must contain a severability of interest clause and waiver of
subrogation against Licensor, its officers, officials, and employees, for losses arising from work
performed by Licensee for Licensor.
(4) Licensee is required to maintain Commercial General Liability insurance
for so long as Licensee’s Equipment is located in or on Licensor’s Public Highway. Licensee must
submit a Certificate of Insurance evidencing Commercial General Liability insurance at the
beginning of this period and anytime during this period that such insurance is renewed or modified,
evidencing the insurance requirement and including the required Additional Insureds set forth
herein.
(5) If a Certificate of Insurance is submitted as verification of coverage,
Licensor will reasonably rely upon the Certificate of Insurance as evidence of coverage, but this
acceptance and reliance will not waive or alter in any way the insurance requirements or
obligations of this Agreement.
(6) Upon receipt of notice from its insurer, Licensee shall use its best effort to
provide the Licensor with thirty (30) days prior written notice of cancellation. Such notice shall be
sent directly to City Manager’s Office, City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522-
0580.
35
B. Licensor as Additional Insured. The above-referenced policies shall, excluding
workers compensation and employer’s liability, expressly name the Licensor, its officers, officials,
and employees as an additional insured as their interest may appear under this Agreement with
respect to liability arising out of activities performed by Licensee.
36
EXHIBIT C
TECHNICAL REQUIREMENTS
1. This Exhibit C sets forth additional technical requirements applicable to all Wireless Sites and
attachments permitted under a Supplement Site License under the Agreement between Licensor
and Licensee. Terms not defined herein shall have the definitions set forth in the Agreement to
which this Exhibit C is attached.
2. Except as allowed by Law, Licensee shall not (i) unless otherwise agreed to by the Parties in a
Supplement Site License and (ii) unless the Licensee obtains any additional, required permitting
and land use approval in accordance with applicable Law, increase the height of a pole in the ROW
in excess of 45 feet. Licensor shall weigh any request by Licensee for an increase in height over
45 feet in a Supplemental Site License in light of Licensor’s historic preservation policies, aesthetic
considerations, pedestrian, disabled person and/or bicyclist access to sidewalks, public safety
concerns, technical installation conflicts, and compliance with the City Code and Land Use Code.
Exceptions to this maximum height will be considered where proposed structures collocate and/or
combine multiple uses (antennas and street lighting, or 4/5G equipment, for example), where no
other Municipal Facility exists within two hundred feet (200’) radially of a proposed location, or
are within areas where adjacent utility or street light pole heights are consistently greater.
3. Nothing in this Agreement shall be interpreted to authorize the installation of macro wireless
communications service facilities, macro base stations, or a similar high-powered cellular
facility in the Public Highway, nor the installation of macro wireless towers or poles intended
to serve macro facilities, except pursuant to federal, state and local laws.
4. Ground-mounted components of Wireless Sites shall be installed within the footprint of an
area of no more than thirty-six (36) square feet.
37
EXHIBIT D
OPERATIONAL AND DESIGN STANDARDS
A. Operational Standards.
(a) Federal Requirements. All Small Cell antennas and other wireless communication
transmission equipment utilizing small cell technology installed pursuant to this Agreement
and all associated Supplement Site Licenses (“Equipment”) shall meet the current standards
and regulations of the FAA, FCC and any other agency of the federal or state government
with the authority to regulate telecommunication equipment. If such standards and regulations
are changed, Licensee shall bring such Equipment into compliance with such revised
standards and regulations within the period mandated by the controlling federal or state
agency. Failure to meet such revised standards and regulations shall constitute grounds for the
removal of the Equipment from any site under this Agreement at Licensee’s expense.
(b) Radio Frequency Standards. Subject to Sec. 7.7 of the Agreement, all Equipment shall comply
with federal standards for radio frequency emissions. If concerns regarding compliance with
radio frequency emissions standards for Equipment are made to Licensor, Licensor may
request Licensee provide information demonstrating compliance. If such information
suggests, in the reasonable discretion of Licensor, the Equipment may not be in compliance,
Licensor may request, and Licensee shall submit a project implementation report which
provides cumulative field measurements of radio frequency emissions of all antennas installed
at the subject site, and which compares the results with established federal standards. If, upon
review, Licensor finds the facility does not meet federal standards, Licensor may require
corrective action within a reasonable period, and if not corrected, may require removal of the
Equipment as an unauthorized use under this Agreement. Any reasonable costs incurred by
Licensor, including reasonable consulting costs to verify compliance with these requirements,
shall be paid by Licensee upon demand by Licensor or, if such costs remain unpaid after
demand, Licensor may recover such costs by the same manner and method authorized to
recover nuisance abatement costs under the Fort Collins Municipal Code.
B. Design Standards.
(a) In addition to all standards of Licensee’s Permit(s) under the Code, the requirements set forth
in this Exhibit shall apply to the location and design of all Equipment governed by this
Agreement; provided, however, Licensor may waive any Permit requirement and/or any of
these requirements if Licensor determines the goals of this Exhibit are better served thereby
without any notice requirements or public hearing. To that end, Equipment shall be designed
and located to minimize the impact on the subject neighborhood and to maintain the character
and appearance of the specific location.
(1) General Principals.
a. All Equipment covered by this Agreement shall be architecturally compatible with
the surrounding area as feasible;
38
b. All electrical, communication, and other wiring to Equipment components, including
radios, antennae and backhaul connections, shall be fully concealed, internal to the
structure where possible and shrouded in all other instances;
c. Height or size of the proposed Equipment and any Replacement Pole should be
minimized and conform to the standard form factor of Licensor Municipal Facility
to the maximum extent practicable;
d. Equipment shall be sited in a manner that takes into consideration its proximity to
residential structures and residential district boundaries, uses on adjacent and nearby
properties, and the compatibility of the facility to these uses, including but not limited
to proximity of Wireless Site to first and second story windows;
e. Equipment shall be designed to be compatible with the site, with reference to design
characteristics that have the effect of reducing or eliminating visual obtrusiveness.
Appurtenances shall match the standard form factor of Licensor Municipal Facility
to the maximum extent practicable; and
f. Equipment shall be designed to have minimal impact on the surrounding area of the
proposed ingress and egress, if any.
(2) Camouflage/Concealment. Equipment shall, to the maximum extent feasible, match the
appearance and design of exiting Licensor Municipal Facilities adjacent to the Wireless
Site, as much as possible, and when not technically practicable that Equipment to use
camouflage design techniques including, but not limited to the use of materials, colors,
textures, screening, landscaping, or other design options that will blend the Equipment to
the surrounding natural setting and built environment. Design, materials and colors of
Equipment not identical to exiting Licensor Municipal Facilities shall otherwise be
compatible with the surrounding environment. Designs shall be compatible with
structures and vegetation on the same parcel and adjacent parcels.
a. Camouflage design may be of heightened importance where findings of sensitivity
are made (e.g., proximity to historic or aesthetically significant structures, views,
and/or community features). In such instances where Equipment is located in areas
of high visibility, they shall (where possible) be designed to minimize their profile.
b. Equipment, including antennas, vaults, equipment rooms, equipment enclosures, and
tower structures shall be constructed out of non-reflective materials (visible exterior
surfaces only).
(3) Any antenna installed on a structure other than a Municipal Facility (including, but not
limited to the antennas and accessory equipment) shall be of a neutral, non-reflective color
that is identical to, or closely compatible with, the color of the supporting structure, or
uses other camouflage/concealment design techniques to make the antenna and related
facilities as visually unobtrusive as possible.
(4) Traffic and Public Highway uses. No Equipment or structure installed pursuant to this
Agreement may alter vehicular circulation or parking within the Public Highway or
impede vehicular, bicycle, or pedestrian access or visibility along the Public Highway as
required by law. All structures must comply with the Americans With Disabilities Act
and every applicable local, state, and federal law and regulation. No structure may be
located or maintained in a manner that causes unreasonable interference. “Unreasonable
39
interference” means any use of the Public Highway that disrupts or interferes with its use
by Licensor, the general public, or other person authorized to use or be present upon the
Public Highway, when there exists an alternative that would result in less disruption or
interference, irrespective of the cost to Licensee associated with such alternative
installation or attachment method. “Unreasonable interference” includes any use of the
Public Highway that disrupts vehicular or pedestrian traffic (including traffic view
triangles), any interference with public utilities, and any other activity that will present a
hazard to public health, safety, or welfare (including creation of overhead hazards falling
into vehicular or pedestrian traffic on driving or walking surfaces).
(5) Setbacks and Separation. The following minimum setbacks and separation requirements
shall apply to all Equipment installed pursuant to this Agreement; provided, however,
Licensor may reduce standard setbacks and separation requirements if Licensee
demonstrates the goals of this Exhibit can be better met by reduced setback and
separation requirements that protect the public health and safety, view corridors, or
minimize adverse impact or effectively prohibit the deployment of wireless services and
shall be able to do so without a public hearing, though may require Licensee to provide
public notice as set forth in section 7.8 of the Master License. All Equipment installation
sites shall be at least two hundred (200) feet from any support structure greater than sixty
(60) feet in height to which an existing radio antenna, or aerial telecommunication
equipment is attached, measured from the top of the proposed Equipment support
structure to the height of the existing equipment.
40
EXHIBIT E
ATTACHMENTS TO TRAFFIC SIGNAL FACILITIES
Licensee shall not be permitted to attach to any traffic signal facility, including any signal
pole or above-ground element thereof, when another permitted attachment structure under this
Agreement exists within two hundred feet (200’) radially of an identified traffic signal facility. In
no event shall Licensee be permitted to attach Equipment to any signal pole mast arm. To the
extent attachment to a traffic signal facility is permitted, Licensee shall satisfy requirements below.
Traffic Signal Pole Requirements
Signal poles already supporting Police equipment are not eligible for Licensee equipment
placement. Equipment placed on signal poles may be required to be relocated at any time if the
subject signal pole is needed for placement of law enforcement equipment.
Signal poles are engineered structures designed to specific loading criteria and required
AASHTO standards. Modifications to the loading due to the Equipment will require an
engineering analysis stamped by a Colorado licensed professional engineer, provided at Licensee’s
expense.
All cabling must be external to the signal pole and shielded per Fort Collins Traffic
Engineering standards to eliminate interference with existing signal cables and conductors.
All signal pole installations shall be designed and installed to contain separate power fuses
to prevent the pole from becoming electrified due to an Equipment fault.
Cables, conduits and bands must not interfere with access to or operation of any of the
traffic signal equipment. Specific clearances may be required by Fort Collins Traffic Engineering
standards and case by case review.
Analysis must be provided to Licensor to show the proposed equipment will not interfere
with Licensor’s or any government public safety wireless network operating in the 900 MHz and
2.4 GHz and 5.8 GHz frequencies.
Licensee must be accompanied by Fort Collins Traffic Engineering staff at all times during
installations on signal poles and involved Licensee personnel must hold at least a Level I IMSA
Traffic Signal certification (level II preferred) to demonstrate comprehension of the implications
of any negative impacts to local traffic signal infrastructure.
Equipment installation or servicing on signal poles shall be coordinated with the Fort
Collins Traffic Operations and Engineering groups at least three (3) business days in advance, or
such shorter period as Traffic Operations and Engineering may require of City crews working on
such structures.