HomeMy WebLinkAbout2021-108-11/16/2021-AUTHORIZING THE CITY MANAGER TO SIGN A MASTER LICENSE AGREEMENT WITH CROWN CASTLE FIBER, LLC FOR SMA RESOLUTION 2021-108
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO SIGN A MASTER LICENSE AGREEMENT
WITH CROWN CASTLE FIBER, LLC 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 cellular facilities and equipment
within the City's municipal boundaries; and
WHEREAS, pursuant to Section 23-177(d) of the City Code, cellular service providers
seeking to attach devices to municipal facilities must apply for a right-of-way permit and enter into
a license agreement with the City to address general conditions and site-specific aspects of each
attachment; and
WHEREAS, in 2020 Crown Castle Fiber, LLC, a New York limited liability company,
organized under Pennsylvania laws ("Crown Fiber"), approached the City seeking rights to attach
small cell communication equipment to municipal facilities, in exercise of authority granted to
Crown Fiber under Colorado Public Utilities Commission Decision C18-0916; and
WHEREAS, City Engineering, Planning, and Electric Utility staff, and Crown Fiber
negotiated license terms applicable to the Crown Fiber 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 Crown Fiber to attach cellular service
equipment to municipal facilities in compliance with the City Code, Land Use Code, and design
parameters, and to establish criteria for Crown Fiber to replace municipal facilities or install new
structures in order to operate cellular networks; 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 the lease or license is in the best interests of the City; and
WHEREAS, the MLA is a City Code requirement for access to municipal facilities in
public rights-of-way in the City and allows the City to satisfy federal and state telecommunication
laws, while maintaining control over use of municipal facilities; and
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WHEREAS, the license 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
WHEREAS, the Engineering, Planning, and Utility Services Departments support the
conditions established in the MLA, which will allow the City and Crown Fiber 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", and incorporated herein by
this reference, to license access by Crown Castle Fiber, 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 ort Collins this 16th
day of November, A.D. 2021. im
or
ATTEST:
i
Interim City Clerk
:
C�Loft
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Exhibit A
MASTER LICENSE AGREEMENT BETWEEN THE CITY OF FORT COLLINS,
COLORADO AND CROWN CASTLE FIBER LLC 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 CROWN CASTLE FIBER LLC, a New
York limited liability company ("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
Pennsylvania, and its lawful successors, assigns, and transferees, are authorized to conduct
business in the State of Colorado.
C. Licensee intends to construct, operate and maintain a communications network
serving residents in the City of Fort Collins and wireless service customers, using fiber and other
small cell technology controlled and maintained by Licensee and affixed to permitted structures
in public rights of way (collectively the "Network") pursuant to authority granted by the
Colorado Public Utilities Commission (Decision C 18-0916).
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 agrees 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 structures in the Public Highway, as provided herein.
FINAL 11 2021
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) Eligible Facility Request means a request for modification of an existing wireless
tower or base station as defined at 47 U.S.C. §1455 (section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012).
(f) Equipment means Small Cell antennas and other wireless communications equipment
utilizing small cell technology that is specifically identified and described in Exhibit
AA=1 attached to each Supplement Site License (as defined below).
(g) 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.
(h) Interference means physical interference and radio frequency interference.
(i) 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.
(j) 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.
(k) (Master License means the form of the license granted by this Agreement, described in
Article 2 below, and as supplemented by a Supplemental Site License or Public
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Highway Access Grant as defined herein. Each Wireless Site will be subject to either
a Supplemental Site License or a Public Highway Access Grant.
(1) Municipal Facilities means those Licensor-owned poles and structures located in the
Public Highway, including streetlight poles and vertical portions of traffic signal poles
that are designated or approved by Licensor as suitable for hosting Equipment, not to
include any Licensee Equipment.
(m)Nenvork or collectively Nenvorks 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.
(n) 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.
(o) 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.
(p) Public Highvvay 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.
(q) Public High►vay 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 in substantially the form
of Exhibit A-B.
(r) Public Property means any real property owned by the City other than Public
Highways.
(s) 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.
(t) Small Cell means compact communication sites as defined more fully in § 29-27-402
(4), C.R.S.
(u) 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 Licensor-owned poles in the Public Highway, and as
described in detail in substantially the form of Exhibit A-A.
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(v) Term means the period that this Agreement is in effect as described in Section 3.1 of
this Agreement.
(w)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,
the more specific and more restrictive requirements shall govern and prevail over the more
general and less restrictive requirements. 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; Terms; Supplemental Site Licenses, 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, and ownership
of structures in the Public Highway, delivery of notice to adjacent property owners pursuant to
Section 7.8, and the manner of attachments. Nothing under this Agreement shall be interpreted to
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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.
2.2. Use of Licensor Property.
(a) Upon demonstrating Equipment is required to deliver "personal wireless
services", as defined at 47 U.S.C. § 332 (c)(7), the Supplement Site License allows
Licensee to access, occupy and use allocated available space on Municipal Facilities
identified 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
• When an electric service disconnect device is not incorporated into the Wireless
Site service connection, Fort Collins Utilities requires 72 hours of advance
written notice for any non-emergency unplanned work involving derenergizing a
Municipal Facility. 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.
• As set forth in Section 7.3, 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 (including related
tree and overhead hazard mitigation), 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:
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(a) Subject to Section 2.1, 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
(c) Place any free-standing structure, not including a replacement pole as described in
Article 6,
• along the frontage of a locally-designated historic building or other structure
subject to §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 lire station or other adjacent
emergency service facility.
2.4 Priori . 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 installed by Licensee at its own expense at locations in the Public
Highway and title thereto assigned to Licensor).
Licensee shall use good faith efforts to attach to poles in the order indicated above provided, 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, so long as
Licensee's exercise of such rights comply with Exhibits C-E and all local standards adopted
under Licensor's police powers.
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2.5 Alterations. Notwithstanding anything in the Agreement to the contrary,
alterations shall be subject to permitting required under Laws, and shall not be subject to
additional Licensor approval, to the extent that: (i) such alterations involve only substitution of
internal components, and do not change the external appearance, dimensions, weight of the
attachment, loading impacts on the pole as approved by Licensor, or impact multi-modal traffic
flow; (ii) do not fall under the definition of an "eligible facilities request;" or (iii) involve only
replacement of the attachment with an 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")anniversary of the Execution Date, or(b) the
expiration of the last Supplement Term (unless sooner cancelled or terminated as provided in this
Article 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 (15'1',) 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,
l 1/02/2021 7
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 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 License Fee
shall be retained by Licensor, and Licensee shall continue to pay the License 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, its successors and assigns, 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 Article 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 $270.00 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
Licensor the right to increase the annual rate based on costs of Municipal Facilities
operation and maintenance, Licensor shall provide Licensee with the required cost
verification and the annual License Fee shall be increased to reflect such amount on the
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next anniversary of the Commencement Date for all existing Supplement Site Licenses,
and all new Supplement Site Licenses shall be entered into at such new rate. 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 in the Public Highway.
(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 license 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. License
permissions shall accrue in accordance with this Agreement, but Licensee shall have no
obligation to deliver license payments until the requested documentation has been received
by Licensee. Upon receipt of the requested documentation, Licensee shall deliver the accrued
license payments as directed by Licensor.
4.2. Pen-nit. 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
internal to the Municipal Facility or third-party host facility, 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
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City of Fort Collins
Streetlight account
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 perfon-ned within the Public Highway, and the Public Highway will 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 Desi n 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
and associated Small Cell Design Guidelines & Installation Specifications. 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.
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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, after
Licensor has determined such plans are complete and has begun its review, Licensee will
submit a new Supplement Site License application and fee, identifying the alternate or
additional Municipal Facilities for which it seeks permission to use and a list of
immediately adjacent property owner(s).
(b) Licensee agrees that each installation will be utilized for provision of services as
authorized by this Agreement. Upon request of Licensor, Licensee shall have thirty (30)
days thereafter in which to provide suitable evidence of the actual operation and
utilization of any location for the provision of authorized services within the City
installed pursuant to this Agreement. In addition, Licensee agrees that each installation
will be operational within the later of the expiration period of the final permit required by
Licensor to construct the facility or six (6) months of the issuance of the final permit
required by Licensor to construct the subject Wireless Site.
(c) All proprietary poles installed 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.
(d) 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 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.
(e) 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
11/02/2021 11
request is approved, the Licensee must pay the required fees (if any) for a new Wireless
Site plus interest at the rate of eight percent (8%) 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 and/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 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 888-631-0931 to request
immediate deactivation. If Licensee refuses to or does not act within thirty (30) minutes 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. Notwithstanding the
foregoing, if Licensor determines immediate deactivation of a public highway is necessary to protect
public health and safety, without liability to Licensee, Licensor may require the relevant electric
utility to deactivate a Municipal Facility upon notice to Licensee,without Licensee's prior consent.
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.
(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.
11,'02'2021 12
(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 suitable Municipal
Facility for its operation during the replacement period at a location reasonably
acceptable to the Parties.
(0 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 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 within 90 days of the date of installation, Licensee shall so advise
Licensor. Licensor will use reasonable efforts 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
11,'02i2021 13
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 collocation 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.
(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 [888-631-
0931] or to Licensor at the Fort Collins Utilities System Control and Operation office(970-
221-6710), the interfering parry 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
11 `01-2021 14
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, in substantially the form
described in the Fort Collins Small Cell Standards& Specifications
(https://www.fcgov.com/engincerinp-/smalIce[]),
(B) At least fifteen calendar days before commencement of any work in
the Public Highway, provide written notice individually to each address in the
Public Highway work area 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)(l) of this section shall include the
name, telephone number, and address of the owner and 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.
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
11/02/2021 1
repair or replace the same, subject to Article 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 and poles transferred to Lessor, 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 Ownershi in Licensor PrODegy. 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 Article 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 Sections 7.2 — 7.4, Licensor shall maintain and
keep the Municipal Facility hosting Equipment in accordance with Licensor's ordinary maintenance
standards, at its sole cost and expense; however, such obligation shall not extend to maintaining
any Licensee Equipment. Licensee shall keep the Equipment and other improvements by Licensee
on the Municipal Facility, if any, in good condition and repair. Licensee shall maintain and keep all
proprietary poles containing Equipment in accordance with Licensor's ordinary maintenance
standards,at Licensee's sole cost and expense.
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, authorized, licensed and otherwise permitted to perform those services. The Parties
11102/2021 16
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 to the extent arising out of the negligence or
willful misconduct of the Licensee, 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 maintain insurance in the amounts and form
specified in attached Exhibit B.
13.2. Certificates. If a Certificate of 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 required policy is set to expire during the term of this Agreement, Licensee
must forward renewal or replacement Certificates, to Licensor within fifteen (15) business days
after the renewal date containing all necessary insurance provisions. Failure to maintain current
certificates of insurance shall be deemed immediate abandonment by Licensee and any
sublicensees of all privileges under this Agreement and require Licensee to enter into a new
agreement with Licensor to reestablish access to any Municipal Facility. Upon Licensee's (or a
sublicensee's) failure to maintain a current Certificate, Licensor will send notice of deemed
abandonment to Licensee five (5) days before the abandonment effective date via physical mail
and electronic means, during which period Licensee may avoid the abandonment by providing
appropriate certificates via physical mail or electronic means containing all necessary insurance
provisions under this Agreement.
11101-2021 17
13.3 Licensor's Insurance. Licensor shall, at its sole cost and expense, maintain
general liability insurance or comparable self-insurance coverage with such limits as Licensor
may reasonably determine to be appropriate as they relate to commercial telecom standards 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. §24-10-101 et seq.
14. Assi nment/Sublettin .
14.L This Agreement and each site license granted herein is personal to Licensee and for
each Municipal Facility. Licensee shall not share with, convey,or resell to others any space or rights
granted hereunder. However, upon prior approval by Licensor of the instrument, Licensee may lease
or sublicense access rights to a Municipal Facility permitted hereunder to a third-party, provided
Licensee remains directly responsible to Licensor for all obligations hereunder, assumes all liability
for such third-parry's exercise of access rights, and provides all evidence of insurance pursuant to
Article 13. 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 it was binding upon Licensee.
14.2. Any non-permitted lease or sublicense, transfer, or assignment of any 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, collect any fees owed from Licensee related to physical, financial, or regulatory
impacts of the non-permitted transaction, all without prejudicing any other right or remedy of
Licensor under this Agreement. No cure or grace periods shall apply to any lease or sublicense,
transfer, or assignment prohibited by this Agreement or to the enforcement of any provisions of
this Agreement against a lessee:'sublicensee, transferee, or assignee who does not receive
Licensor's prior written consent.
14.3. Notwithstanding anything to the contrary in this Article 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.
11/02/2021 Is
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
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 Bankruntcy_. 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 sect.
(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 §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 §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.
l 1102.i 2021 19
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
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 Crown Castle Fiber LLC
2000 Corporate Drive
Canonsburg, PA 15317
Attn: Ken Simon, General Counsel
With copy to: Crown Castle Fiber LLC
2000 Corporate Drive
Canonsburg, PA 15317
Attn: SCN Contracts Management
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
11!02.`2021 20
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.
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
l l::02-:2021 21
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.
19.8 Limitation of Liability. Except for indemnification pursuant to Articles 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]
11 i02,'2021 212
IN WITNESS WHEREOF, the parties have executed this Agreement as of this day of
, 2021 (the "Execution Date").
LICENSOR: LICENSEE:
City of Fort Collins, a Colorado municipal CROWN CASTLE FIBER LLC
corporation
By: By:
Jeni Arndt, Mayor Michael Tuma
Manager Contract Executive
michael.tuma(d-crowncastle.com.
ATTEST:
Interim City Clerk
APPROVED AS TO FORM:
Deputy/Assistant City Attorney
1 UO2i202I 23
EXHIBIT A-A
Form of Supplement Site License
(subject to finalization at time of grant)
This Supplement ("Supplement"), made this day of _ 2021 ("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 Crown Castle Fiber LLC [Provider], with its principal offices at c/o [Provider],
[Address], 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 , 2021 ("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 License 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.
11102i2021 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 license fees 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]
11/02/2021 25
EXECUTED to be effective as of the date shown above.
LICENSOR:
City of Fort Collins, Colorado
By:
[...], Interim/City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
BY: _
Deputy/Assistant City Attorney
LICENSEE:
Crown Castle Fiber LLC
By:
Print Name:
Its:
Exhibits:
Exhibit A-1, Attachment A-1.1
Exhibit A-2
11/02/2021 26
EXHIBIT A-B
FORM OF PUBLIC HIGHWAY USE GRANT
This Public Highway Use Grant, made this day of 120 ("Effective
Date")between the City of Fort Collins, hereinafter designated"Licensor,"and
d/b/a [Provider], with its principal offices at c/o
[Provider], [Address], hereinafter designated"Licensee":
I. 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
Grant. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in writing
11/02/2021 27
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:
[...], Interim/City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
CITY ATTORNEY'S OFFICE
BY:
Deputy/Assistant City Attorney
LICENSEE:
}
D/B/A [Provider]
By:
Print Name:
Its:
Attachments:
Attachment 1
11?02'2021 2
EXHIBIT A-1
LICENSED AREA AND DESCRIPTION OF FACILITIES
Table 1
SITE STREET GIS POLE TYPE POLE
ID NAMEANTERSECTION AND COORDINATES HEIGHT
NO. QUADRANT POLE IS
LOCATED ON
11/02/2021 29
Table 2
SITE POLE ALTERATION ATTACHMENT TYPE OF EQUIPMENT
ID NO. HEIGHT ATTACHED
11102.'2021 30
Attachment A-1.1
to EXHIBIT A-1
SITE DRAWINGS
11/02f2021 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.
c The plot plan shall show existing sidewalk size, existing utilities, existing trees,
traffic control signs and equipment, and other existing improvements.
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, including
all materials requested by permitting authorities.
• 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 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.
11/02,2021 32
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 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, it,. 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 which limits may be satisfied by any combination of underlying
and excess/umbrella insurance.
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 Liabilitv. 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
11'0212021 33
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.
(1) The Builders' Risk/[nstallation Floater insurance must be endorsed so that
the insurance will not be canceled or lapse because of any partial use or occupancy by Licensor,
or provide equivalent coverage within main policy
(2) 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.
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.
11 i 02/2021 34
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. These requirements supplement those in the Fort Collins Small Cell
Design Guidelines, as amended, which are incorporated by reference herein. 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 additional, required permitting
and land use approval in accordance with applicable Law, increase the height of a pole in the
ROW in excess of the height conditions in the Fort Collins Small Cell Standards &
Specifications and Installation Specifications, and in no event shall an exception permit a height
increase in excess of 367' feet. Licensor shall weigh any request by Licensee for an increase in
height over 367' feet in a Supplemental Site License in light of Licensor's historic preservation
policies, aesthetic considerations, pedestrian, disabled person andior 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 415G 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 an enclosure no
larger than seventeen cubic feet in volume.
11/02/2021 35
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 Section 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. Desijzn Standards.
(a) In addition to all standards of Licensee's Permit(s) under the Code, and the Fort Collins
Small Cell Standards & Specifications, as amended, which are incorporated by reference
herein, 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;
11/02/2021 36
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 Iocated or maintained in a manner that causes unreasonable interference.
11l02`2021 37
"Unreasonable 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 consistent with the Fort Collins Small Cell Standards &
Specifications and Installation Specifications, as amended, and 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.
11/02/2021 39
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 lI 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.
11 i0212021 3 9