Attachment 3LICENI
This License Agreement I"Agreement") is
GTE Mobilnet of California Limited Partn
Partner, GTE Mobilnet, Incorporated, ("Lio
A. Licensor end Barbara Hal
Agreement dated February 11, 1986 (the
B. Licensee is a Town PoI.i(
communication services.
C. Licensee desires to license
Licensor for the installation and operatior
desires to llcense the same upon the terms a
NOW, THEREFORE, for
sufficiency of which is hereby acknowledg
fol]ows:
licenses from Licensor, space on the Tower
Licensee’s antenna array, cables brack
Equipment") as, more particularly describe
equipment shelter. The designated space q
the License Premises (the "Premises")
attached hereto.
2. Licensee’s Use and Conch
Licensee to occupy the Premises to install,
facility (the "Facility"). Licensee will inst
shown on attached Exhibit "B" which impr~
make any alterations or modifications to the
obtaining Licensor’s consent. Licensee sha]
L ....£ J.L =* ........L
;REEI~ENT
aa of Jul)’ I ,1998, by and bet’we
a California limited partnership, by its Gene
"ALS
dec ("Landlord") are parties to that certain
pttrsuent to which Licensor leased a portio:
Santa Clara, California (the "Site"), as
rhich is attached hereto, for the placement oi
pment to be placed within the shelter to ho
tarh’,~ent responsible for providing emerge
on the Tower end in the equipment shelter fr
rtain communications equipment and Lice.n
ditions of this Agreement.
the parties hereto, the parties hereby agree
¯ eby licenses to licensee and Licensee herel
~eight level of sixty (60) feet for the placement
ires, and accessories (the "Comrnunicati(
bit "B" end eight (8) square feet of space in
Tower and in the equipment shelter constitut
~e more particularly described in Exhibit "(
construct those improvements to Premises
kts are approved by Licensor. Licensee shall
ses except as shown on Exhibit "[3" without f
the right to access the premises, subject to
3. Conditions Precedent to C(
(a) Approvals. Licensee’s al
obtaining after execution date of this Licens
that may be required by any federal, state.
approvals shall be delivered to Licensor prk
(b) Approval of Landlord,
all the terms and conditions of the Lease.
obligations of the parties under this License
written consent of the Landlord to this Licer
4. Term.
D~n Sa~lSn~(-l++ tl
lnlual jerm }. L,l+ensee :+ha. p~ovlu~ LI~;~
commence construction and installation an
indicating the Commencement Date.
(b) Right of Renewal. Provi
been terminated, Licensee shell have the o
term of ten (10) years ("Renewal Term").
conditions as set forth herein. This License
(10) year Renewal Term unless Licensee
extend this License at least thirty (30) 3
Renewal Term.
5. Access. Except in the eve
to notify Licensor of its intent to access the’
event, Licensee shall notify Licensor within
event of an emergency, Licensor shall edvis
the Tower which materially affects the Li~
requires such entry, Licensor shall make re~
access the Tower prior to such entry and,
within twenty-four (24) hours after such en!
6. Assignment or Subletting.
sublet, or transfer its interest in the License
7. Utilities, Licensor shall pa)
Facility.
cement Date.
use th~License Premises is contingent upon i
rtificates, permits, licenses, and other appmva
al authorities (the "Approvals"). Copies of tl"
~tallation.
--+
extent requirea unaer the LeaS~ au rlgnm a
)ressly conditioned upon Licensor obtaining
.~d that conditions pz~cedent in Section 3 hi
date when Licensee commences the installer
ite") arid shall continue to August I, 2006 (’
vith five (5) days written notice of its intent
parties w/ll execute an amendment to Lice]
.~" Lease remains in effect and has not expired
ff extending this License for one (I) addltlo
~enewal Term shell be on the same terms a
~tometicelly be extended for each successive
Licensor in writing of Licensee’s intent not
~n emergency, Licensee shall advise Licens
Tower or equipment shelter which rnaterial
~ergency, Licensee shall make reasonable effox
)r equipment shelter prior to such entry. In az
-four (24) hours after such access. Except in
see twenty-four (24) hours prior to any access
Facility. In the event of an emergency whiq
." efforts to notify Licensee of Licensor’s intent
event, shall make Licensee aware of the ent
t prior written consent of the Licensor.
)st of all utility service necessary to operate
and contractors snslng out ot LiCensee" s use arla/or occupancy or me r~erm~.
9. Licensee’s Covenl~is. Licer
all instalJation, operation and maintenance
(a)In no way damage LR
accessories thereto, norr
normal wear and tear
reimbursement of repair :
0o)Not interfere with the op
spectrum, signal strengt]
Licensee") on the Tower.
third party, chosen by LJ
problems. In the event
Licensee’s Communiceti,
EquiPment. If Licensee c
will remove the objection~
(c)Not interfere with the me
system;
(d) Keep the Communication
(e)Identify the Communicat~
bracket on the Tower and
(f)Comply with all ap]
Communications Comn’d
(g)Comply with all applica
lien for labor or material
(h)Upon expiration of this ,~
the site and restore the Li
tear excepted.
(i)Additionally, Licensee cc
regarding access to and
Licensee shall bear no r
modification or improvex
10. Insurance. Prior to installer
and at all times during the term of this i
,enants that the Communication Equipment an
:ed therewith, will:
Tower, Premises or any other structure c
ar and tear excepted. If damage, other tha
then Licensee shall be liable for repair c
damages:
of L/censor’s equipment, authorized frequen
.~ equipment of other existing Licensees ("Pr
event there is interference, Licensor shell hav
in its sole discretion, evaluate such inter~erm
~rd party determines, in its sole discretion,
uipment are interfering with the operation
equipment, Licensee shall immediately take
xd party necessary to elLminate the interfere
bff power to the objectionable Cornmuniceti¢
~mmedlately eliminate the interference, Licen
,mmunications Equipment.
nee of Licensor’s Tower and the Tower light
?ment in a state of repair acceptable to Licens,
[uipment with metal tags fastened securely to
.~ rules and regulations of the Fedex
("FCC") and all federal, ¯state and local lay
,s and ordinances and premptly discharge a~
teen (15) days of filing same;
rot, remove all Communication Equipment fro
Space to its original condition, normal wear aJ
s and agrees to observe all terms and condit/o:
k[JLLl[y IU][" L[I(c~ ~U,~t UI IU~klt lliQl/Itl~llO.II~# lglJ
ntained in Section 2 and 3 of the Lease.
~e Facility and to having access to the Pren~
, Licensee shall provide proof of insurance,
-..~ ¯ ¯ ¯° *
Comprehensive General Liability Insurance in an aggregate amount of $2,000,000.
Worker’s Compensation cove
Employers Liability Occup’ati
of $1,000,000.
Automobile Liability for Owz
$1,000,000.
11. Additional Insured. License
on the policy or policies. Licensee ma3
endorsements to any master or blanket po
policy may be cancelable or subject to red
written notice to Licensor. A copy of the Ce
Landlord.
12..Default. Each of the followin
(b) Abandonment of the Lea,¢
(c) The failure of Licensee
9(b).
Upon default of this License t
at law or in equity, Licensor may, at its optic
(a)Elect to remove the Facili
any manner for trespass,
Communication Equipm
Licensor.
12677 Ah
P.O. Box
San Ram
Attn.: DJ
with a copy to:GTE Mol
245 Perh~
Atlanta,
Atlanta,
Attn.: L~
If to LICENSEE:Ms. Bon~
Los Gatc
the statutory amount.
sease and Bodily Injury, CombIned Single Lim
[ Non-O’~ned Autos, Combined Single Limit
Landlord shall be named as additional insure
y this requirement by obtaining appropria
vf coverage except after thirty (30) days"
of Insurance shall be provided to Licensor a
be considered a default by the Licensee:
ty (30) days after receipt of Licensor’s writ~
r other term hereof (except for promises rela~
:tion 9(b) hereo0:
Ice] or
ate interference problems as set forth in Sec~
nsee, in addition to all other remedies provic
Licensee’s expense, payable upon demand t
f Cal£fomia Limited Partnership
yd.
94583-0811
)f Network
|corporeted
.~nter Parkway
’7~V
partment
:rt, Records and Communications Manager
.~ Department
The address to which any r
changed by written notice, certified return r
13. Entirety of Agreement.
the parties hereto with respect to the subje
instrument executed by Licensor and respq
only by written instrument executed by Lic,
14. Surrender. Upon the ,
consequent termination of this Agreemen
remove all the communication equipment 1~
property, alterations and fixtures from the ~.
15. ~ttomey’s Fees~ The p
enforce this Agreement shall be entitled
pur~ ~ I~UIFC~LI UI- ~ u~t~rLltulot|ult lltu~t
shall be unreasonably delayed or withhe]
reasonable basis and in a reasonable marne
17. Venue This agreement s
and venue for any action shall be in the corn
~Fhe remainder of tl"
r demand may be given to either part may
equested to the address above.
greerner’~ representS the complete agreement
ar hereof and may be amended only by wri~
~e subject matter hereof, and may be arnendc
ad Licensee.
except as provloea l’lerem: ~J.) Licensee s[
License Premises end remove all of its perso
~d equipment shelter.
g party in any action or proceeding broughl
3ver its reasonable attorney’s fees, costs,
ling from the other party.
3 Agreement the consent or approval of eit
le by either party, no such consent or appre
l all such determinations shall be made o~
governed by the laws of the State of Califon
e intentionally left blank)
IN WITNESS THEREOF, L
of the day and year first above written.
LICENSOR:
GTE MOBILNET OF CALIFORNIA
LIMITED PARTNERSHIP
By:GTE Mobflnet Incorporated
By// ......~--. ~./,~ ~ 0~, .I. ~A~,~
Dated: .~-2- ~.-
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian V. Cosgrove, Town Clerk
Schedul.
’ and Licensee have executed this Agreement
LICENSEE:
’\
Title:[
Dated:t~ ¯ I’~ ’, ~¢~
Landlord hereby consents to the forego
License Agreement:
LANDLORD:
//
Barbara Harden Older
A.nroved aa to Form:
...~tl~P. Korb, To--Q"n~n Attorney
ubitsi "A" Legal Description
"R" Tn,,,ac, t. l~yhi’hif
ALL THAT REAL PROPERTY SITUATED
STATE OF CALIFORNIA DESCRIBED AS F
BEING A PORTION OF LOT B AS SHOWI
=MAP OF THE OAK KNOLL TRACTH WI-II
O~rJCE OF THE RECORDER OF THE C(
CALIFORNIA IN BOOK ~ OF MAPS A"
PORTION OF THE LANDS AS SHOWN IN ’
BY MARK I". HOMAS & CO. AND RE
RECORDER IN BOOK 3~ OF J~
PARTICULARLY DESCRIBED AS FOLLOW
/,.JIJl~,l~lLIq4xl,~41%,,I Jrlk ¯ f
II~LP~WLg~ tr’ ¯ ¯ f’~ d~
N.~3O~W~ 63°72 FEET TO A 3/4" IRON PIPI
THENCE N67o2~W~ 60.~$ FEET TO A 3/
THENCE N63oo2~w, ~6.12 FEET TO A J/4"
THENCE N~6°O6130wWt ~.~3 FEET TO A 3/
THENCE N28°20~ 64.~0 TO A LEAD AND
THENCE IF~YING SAID OAK KNOLL |
659,~5 FEET TO A 2a X 2 u TACKED HUB AI
THENCE $70°1~39WE A DISTANCE OF .~0,0
THENCE SlgO~.ff21uW A DISTANCE OF ~O.C
TI-~CE NT0Olg’3~W A DLSTANCE OF 50.q
THENCE Nlgo~0’2I~E A DISTANCE OF 50,
POINT OF BEGINNING AND CONTAINING
n~ COUNTY OF SANTA CLARA~
FS.
¯ OF SANTA CLARA. STATE OF
E5 50 AND .~1~ ALSO BEING A
~.CORD OF SURYEY PREPARED
ED IN THE ’OFFICE OF THE
PAGE I AND BEING MORE
OF OAK KNOLL ROAD, SAID
’, SHOWN ON SAID RECORD OF
" OF SAID OAK KNOLL ROAD
~N PIPE;
PIPE;
PIPE;
S~o.~Y33~W A DISTANCE OF
~E TRUE POINT OF BEGINNING.
& 2~ X 2~ HUB
A 2~x 2~ HU5
QUARE FEET MORE OR LE.~5.
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